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VERMONf
MINUTES
CITY COUNCIL
20 FEBRUARY 2024
The South Burlington City Council held a regular meeting on Monday, 20
February 2024, 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; M. Machar, Finance Director; P. Conner, Director of
Planning & Zoning T. Francis, Fire Department; A. Truex, Mady M., B. Sirvis, J.
Bellevance, S. Dooley, Keren, M. Cohen, R. Greco, E. Fitzgerald, M. Simoneau, R.
Doyle, D. & D. Harrington, A. Magyar, M. Scanlan, M. Sirotkin, J. Marks, N.
Senecal, JMG, M. Mittag, L. Bailey, M. MacDonald
1. Instructions on exiting building in case of emergency and review of
technology option:
Ms. Baker provided instructions on the emergency exits from the building and
reviewed technology options.
2. Additions, deletions or changes in the order of Agenda items:
Mr. Chalnick asked to add an item following the Consent Agenda relating to the 2
Council members who will not be returning. This was approved unanimously by
a vote of the Council.
Mr. Doyle noted that tomorrow the Statehouse will be taking up a statewide rental
registry. He asked if it would make sense to table the City's rental registry to see
what the State comes up with. Members said they would prefer to leave the City's
item on the agenda.
PAGE 1
3. Comments and questions from the public not related to the agenda:
Mr. Mittag asked where things stand with the Conservation Easements on
Wheeler and Hubbard Parks. Ms. Baker said the City received the survey for
Wheeler on Friday. It was forwarded to the Land Trust this morning. Regarding
Hubbard Park, the City reached out to Land Trust several weeks ago but has not
yet heard back.
Keren expressed concern with "things being done behind closed doors."
4. Announcements, councilors reports from committee assignments and
City Manager's Report:
Council members reported on meetings and events they had recently attended.
Ms. Riehle specifically noted that the annual audit report was presented at the
Airport Commission meeting. The audit was completely clean.
Ms. Baker: There will be a celebration honoring the 2 retiring counselors on 26
February, 4-6 p.m., at Trader Duke's.
The Auclair property closed on 29 January 2023.
The City is working with Regional Planning regarding housing
targets.
The Dorset Street signal project will be completed in March. Paving
was scheduled for this year. It will be delayed until the summer of 2025 so that it
can include the "Safe Routes to School" recommendations.
150 people attended the Valentine's Day Dance.
UMall has offered free access to indoor space for targeting
programming throughout the spring.
5. Consent Agenda:
a. Approve and Sign Disbursements
b. Approve Minutes from 8 January 2024 meeting
c. Receive the December and January Financials
d. Receive the Q1 and Q2 Financial Reports
e. Approve documents related to Loan RF1-354-2.0 for the Bartlett Bay
Wastewater Treatment Plant Upgrade
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f. Approve a Litter of Support of the South Burlington Land Trust
Application for Conservation Funding through the Vermont Housing
& Conservation Board in support of the Lang Property
Ms. Emery moved to approve Items "a" through "e" of the Consent Agenda as
presented. Mr. Barritt seconded. Motion passed unanimously.
Ms. Riehle then explained that there has been misinformation about item "F."
She stressed that nothing has been approved behind closed doors. She also said
that transparency has been a hallmark of her 20-year career. The Long property
has been on agendas for a year and a half. The Long family is happy that their
property will be conserved and that they got what they wanted. Ms. Riehle then
reviewed some of the previous discussions. She stressed that no decisions are
ever made in Executive Sessions. She said the Council did hear that they should
look for other funding, which is what happened. To suggest that the Council
should not sign a letter of support for conservation funding is startling. The facts
are that this action has nothing to do with housing. Ms. Bellevance has said there
will be housing in the second phase. This involves no money from the city's Open
Space Fund at this time. If there is to be such funding, it would be the decision of
the next City Council. Ms. Bellevance has said they want any housing to be 100%
affordable, and this could be a wonderful project. The item on the Consent
Agenda related to the 32+ acres for permanent conservation.
Mr. Mittag thanked Ms. Riehle for setting this forth so clearly and said this has not
been the case in The Other Paper.
Ms. Dooley said the heart of the matter is not having any idea what is in the
application and the "unknowns" about the city's role.
Ms. Emery said the only thing the city would be committed to would be in the
minutes, and there is nothing there. The letter of support is for conservation of
32+ acres. It is a private family working with a highly reputable organization. The
city is not committed to spending any money.
Mr. Chalnick said Ms. Dooley's letter is "a bit of a smear," and is a very
unfortunate thing to accuse the Council of.
Mr. Simoneau suggested an article could have referred to "32 acres to conserve"
instead of "the Long property."
Ms. Bellevance said the South Burlington Land Trust is not asking the City for any
funds. No such deal has been made. They are solely asking for a letter of support
CITY COUNCIL 20 FEBRUARY 2024 PAGE 3
to the Conservation Board. The housing piece will be completed once the
conservation piece is done. She stressed that "wild speculation" could prevent
good work from being done.
Mr. Chalnick then moved to approve Item "f" of the Consent Agenda. Mr. Barritt
seconded. The motion passed unanimously.
6B. Resolutions honoring retiring Council members Helen Riehle and
Meaghan Emery:
Mr. Chalnick spoke of his pleasure serving with both Ms. Riehle and Ms. Emery on
the Council. He then read the Resolution honoring Ms. Riehle, and Mr. Barritt
read the Resolution honoring Ms. Emery.
Mr. Barritt moved to approve the two Resolutions as read. Mr. Chalnick
seconded. The motion received unanimous approval.
6. Hold a second reading/Public Hearing on a proposed Residential Rental
Registry Ordinance:
Mr. Barritt moved to open the public hearing and to read the Ordinance by title.
Ms. Emery seconded. Motion passed unanimously.
Ms. Riehle reviewed the history, noting that the Ordinance had been before the
Council numerous times and has received significant public input. She then
opened the floor for public comment which was received as follows:
Ms. Moore asked what would be required in an inspection. Chief Locke
enumerated what would be looked for in an inspection including adequate access
in case of fire. Ms. Moore questioned why this is different from having a
roommate. Her rental is used only 70-80 days a year while a roommate is there all
year. It also enables her to be able to afford to live in her home.
Ms. Dooley said it is a real joy to see the Ordinance has reached this point. She
encouraged its adoption.
Mr. Doyle was not sure how the city's Ordinance goes along with bills that are in
the State Legislature now. He was also concerned there was no attempt to
coordinate with other communities and cited differences between this Ordinance
and the Burlington Ordinance. He felt the $1,000,000 insurance policy was not
reasonable. He asked if the city will provide the materials that need to be given to
guests. He also noted there is nothing in the Ordinance that says an owner has to
CITY COUNCIL 20 FEBRUARY 2024 PAGE 4
tell a tenant where the fire access is, how to deal with trash and recycling, the
parking ban, etc. He felt Burlington offers tenants more and charges less.
Ms. Marks, Director of the Short-Term Rental Alliance, felt the Ordinance is far
beyond what is reasonable and called it "onerous and capricious." She said it will
take away good jobs and will cost the city money in legal fees. She urged the
Council to vote "no."
Ms. Harrington felt the Ordinance makes sense for long-term rentals but wasn't
sure about short-term as it stems the ability of local entrepreneurs to make that
type of earning. She felt the City should align with the State legislation. She also
felt the 4-year grandfathering makes no sense. She urged tabling the Ordinance.
Mr. Sirotkin said his family has run a short-term rental very successfully for many
years with no problems. He bought the house next door so his family could visit
occasionally. The numbers don't work without short-term rentals, and he was
concerned this will be taken away in 4 years. He suggested asking for a report
prior to the end of 4 years to see how the new regulations are working. He also
suggested a variance procedure so the owner could get continued short-term
rentals. He also suggested not imposing a sunset until they see how the
regulations are working.
Mr. Cohen appreciated what the Council is doing and also appreciated people's
concerns. He acknowledged there were "bad hosts," but he didn't feel that means
short-term rentals are bad.
Ms. Truex was concerned the Ordinance takes rights away from her as a
homeowner. It can also take away the ability to help grandparents and pay for
childcare which can be $20,000 a year.
Following public testimony, Mr. Barritt moved to close the public hearing. Mr.
Chalnick seconded. Motion passed unanimously.
7. Possible Action to Approve the Residential Rental Registry Ordinance:
Ms. Emery said she remains in favor of the Ordinance. The city is not
discriminating against different housing types and is still allowing short-term
rentals. There have been very serious situations in the city, and the city has had
no basis to take action. This is also important in light of the housing shortage.
Ms. Emery stressed that she fully supports owner-occupied short-term rentals.
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Mr. Chalnick said he would like to see Mr. Doyle work with the Affordable Housing
Committee to come up with some amendments for a second round of
discussions. He stressed that there will always be opportunity to revisit the 4-year
grandfathering as nothing is set in stone. He said there is a difference between a
"roommate" and a short-term rental. The roommate has an interest in the home.
A short-term rental is a business in a residential neighborhood.
Mr. Barritt said he wouldn't wait for Montpelier to act. This is a business
transaction in a neighborhood not zoned for that. He acknowledged there will
probably be changes as time goes on.
Mr. Kupferman said he would vote against it just to indicate there are things that
need more work on the short-term rentals.
Ms. Riehle said she would support it and felt it was well balanced. She thought it
might put a stop to housing being bought for an Airbnb. She also noted that
renters have a right to know that when they rent a place it is safe.
Ms. Emery moved to approve the Residential Rental Registry Ordinance as
presented. Mr. Chalnick seconded. Motion passed 4-1 with Mr. Kupferman voting
against.
8. Possible approval for Resolution 2024-08 establishing the fee structure
and impact cycles for the Residential Rental Registry Ordinance:
Chief Locke noted this was pulled from the ordinance to make it easier to change.
He noted that with a clean inspection, a property would not be inspected for 5
years.
Ms. Emery moved to approve Resolution 2024-08 as presented. Mr. Barritt
seconded. Motion passed unanimously.
9. Possible approval for Resolution 2024-09 establishing the Residential
Rental Registry Special Revenue Fund:
Chief Locke said the special fund would be for income and expenses to assist
homeowners to meet the safety requirements. Ms. Machar said the reporting
process has not yet been established, and it can be whatever the Council wants.
Ms. Emery moved to approve Resolution 2024-09 as presented. Mr. Chalnick
seconded. Motion passed unanimously.
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10. Consider Approval of amendments to the Collective Bargaining
Agreement with the South Burlington Career Fire Fighters Association
Local 3671:
a. Consider entering executive session for the purpose of discussing
the labor relations agreement with the South Burlington Career Fire
Fighters Association Local 3671 (1 V.S.A. Sect. 313(a)(1)(B)
Members agreed that an executive session was not needed.
Mr. Barritt moved that the City Council approve the proposed amendments to the
City's Collective Bargaining Agreement with the South Burlington Career Fire
Fighters Association as outlined in the January 25, 2024 Tentative Agreement and
authorize the City Manager to execute the Collective Bargaining Agreement with
the South Burlington Career Fire Fighters Association for a renewed 3-year term
of July 1, 2024 to June 30, 2027, incorporating the amendments therein. Ms.
Emery seconded. The motion then passed unanimously.
11. Receive and Accept the FY23 Audit from RHR Smith:
Ms. Machar noted that staff had estimated a $2,000,000+ balance, and the audit
agrees. She added that it is exciting when the numbers agree.
Ms. MacDonald said that RHR has found this to be a clean audit. She
recommended that members read the Management Discussion and Analysis (p.
5).
The fund balance (p.18) is $5,600,000 of which $315,000 is non-spendable (already
spent), $1,100,000 is assigned (see note 14), and $4,000,000 is unassigned. The
goal is for the city to maintain 2 months operating expenses. The $4,000,000 is
just under that.
In comparing the actual figures to the budget, projected revenues were exceeded
by $2,300,000, mainly due to ambulance billing. Expenditures are shown as
exceeding the projections due to a fund balance transfer to Capital Expenses.
The TIF fund has an anticipated deficit which will be addressed in future years.
The audit indicates there is an unfunded liability for health assurance for retirees.
There is actually $345,000 in the Sickbay Fund, so this liability is partially funded.
The note will be revised.
CITY COUNCIL 20 FEBRUARY 2024 PAGE 7
The Management Letter shows no comments this year, which is "awesome."
Ms. MacDonald said they encountered no difficulties in doing this audit and
specifically thanked Martha and Celine.
Ms. Riehle then moved to accept the FY23 audit as presented. Mr. Kupferman
seconded. Motion passed unanimously.
11. Approve the TIF bond documents for the final TIF debt as previously
approved by the voters:
Ms. Blanchard said the city applied in late winter to the Vermont Bond Bank to
issue the last TIF District debt in the amount of $8,606,535. After reviewing
several scenarios with Ms. Machar, they have settled on a 4-year delayed principal
with 10 equal payments. The bonds will be paid off in 2038. These bonds cover
the bridge, Williston Road streetscape, extension of Garden Street and City Center
Park. There is still a need for additional funding for the bridge.
Ms. Emery moved to approve the TIF bond documents for the final TIF debt as
approved by the voters. Mr. Barritt seconded. Motion passed unanimously.
12. Discussion of Growth Management Plan and provide direction to staff:
Ms. Baker reviewed the history and process to date. Staff recommends a task
force which would involve many key "thinkers." Staff has provided information
on how other communities have addressed growth, and this can be part of a
future discussion.
Ms. Riehle noted this could possibly be funded by the small amount of remaining
ARPA money.
Ms. Emery said what the city doesn't know is how to control the school population
element. Families have a high demand on services, and there needs to be
assurance that those services are available. She added that she spoke with 2
people from Williston and was cautioned to be wary of numbers. She felt a
growth management plan may not be the best way to deal with the issues.
Mr. Kupferman felt this was a great spot to have community input, especially in
terms of expectations.
CITY COUNCIL 20 FEBRUARY 2024 PAGE 8
Mr. Barritt said the City Plan is a growth management plan already as it lays out
where the city wants building and where not. The question that was raised has
more to do with schools. He cited the need for the ZEMs. Ms. Riehle said roads
are also an issue. Mr. Barritt noted that the big developments are mostly done as
are the roads. He added that he would like to see other growth plans and learn
whether they have been used effectively.
Mr. Chalnick noted that at school tours, principals talked about "unexpected
growth." He also noted that in the past 2 years, 900 homes have been built, and
the question is whether growth is occurring in a way that can be anticipated.
Another question is whether South Burlington wants to be an urban area or retain
some "charm." He would not like to budget a lot for this now, but he didn't want
to lose the conversation.
Ms. Baker said there will have to be an assessment of what services will be
needed and whether the city is seeing a decrease in services because of the lack
of workers. She showed a graph of growth, populations, housing and school
enrollment with 2011 as a base year. She questioned whether the city and the
demographer are at odds. She also noted a recent leveling off and questioned
whether that means the system is working.
Mr. Conner said Planning staff will put together what they anticipate in housing.
He cited the need to look at different assumptions.
Ms. Emery noted that the Affordable Housing Committee would like the city
consider a housing audit.
Ms. Baker said staff will keep this on the "medium burner" and see what the new
City Council comes up with as their priorities.
13. Receive the LFY24 Policy Priorities and Strategies Report#2:
Ms. Baker directed attention to the written report.
Ms. Riehle cited real progress in a lot of areas as well as some disturbing realities
of what there aren't resources to get to.
Ms. Emery asked about the community garden near the Airport. Mr. Conner said
Airport people keep talking about it in conjunction with the next building project's
requirements for landscaping.
CITY COUNCIL 20 FEBRUARY 2024 PAGE 9
Mr. Chalnick asked about a new "climate person" to address open items in the
Climate Action Plan. He noted that he has a lot of connections and resources that
could help the city more things that have stalled.
14. Provide a summary to the public of the City Manager's annual
evaluation:
Ms. Riehle cited the "incredibly positive evaluation" and said the Council picked a
winner.
15. Convene as Liquor Control Commission to consider: Delta Hotels by
Marriott Burlington, Outside Consumption Permit; Homewood Suites,
1st class Restaurant/Bar and 2nd Class License; Eagles, Fraternal Order of
Aerie #793, 1st Class Club and 3rd Class Club and Outside Consumption
Permit; Gracey's Liquor Store, 2nd Class Liquor and Tobacco License &
Tobacco Substitute Endorsement; Gracey's Store, 2nd Class Liquor and
Tobacco License & Tobacco Substitute Endorsement; Simon's Store &
Deli, 2nd Class Liquor and Tobacco License & Tobacco Substitute
Endorsement; Sugarsnap, 1st Class Commercial Caterer & 3rd Class
Kitchen; Walgreen's #111526, 2nd Class Liquor and Tobacco License;
Walgreen's #17447, Tobacco License
Ms. Emery moved that the Council convene as Liquor Control Commission. Mr.
Barritt seconded. Motion passed unanimously.
Ms. Emery moved to approve all the liquor and tobacco licenses as presented.
Mr. Chalnick seconded. Motion passed unanimously.
Ms. Emery moved to reconvene as City Council. Mr. Chalnick seconded. Motion
passed unanimously.
16. Other Business:
Ms. Baker acknowledged the service of Mr. Kupferman and said he has done an
admirable job.
Ms. Riehle said this has been one of her favorite jobs. It's local. They can get
things done. She enjoyed working with 2 City Managers and different Councilors.
In some ways, it is hard to leave, but she felt it is time for new voice to provide
their expertise to the things facing the city. She hoped civility and collaboration
will continue to happen.
CITY COUNCIL 20 FEBRUARY 2024 PAGE 10
Ms. Emery thanked Ms. Riehle for guiding the city through good times and
choppy waters with integrity. She said this has been an incredible learning
experience which makes her proud to be a member of this society. She hoped we
can hold onto that and noted that it is hard work.
Both Ms. Riehle and Ms. Emery thanked staff for its continuing support.
As there was no further business to come before the Council Ms. Emery
moved to adjourn. Mr. Barritt seconded. Motion passed unanimously. The
meeting was adjourned at 9:53 p.m.
7-if- PIR
Clerk
CITY COUNCIL 20 FEBRUARY 2024 PAGE 11