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HomeMy WebLinkAboutDraft Minutes - City Council - 03/07/2024 PAGE 1 DRAFT MINUTES CITY COUNCIL 7 MARCH 2024 The South Burlington City Council held a reorganization meeting on Thursday, 7 March 2024, at 6:30 p.m., in the Auditorium, 180 Market Street, and by Go to Meeting remote participation. MEMBERS PRESENT: T. Barritt, A. Chalnick, L. Kupferman, M. Scanlan, L. Smith ALSO PRESENT: J. Baker, City Manager; Chief S. Locke, Deputy City Manager; C. McNeil, City Attorney, M. Machar, Finance Director, D. Wheeler, Water Resources Engineer; E. Tomey-Walker, R. Doyle, B. Sirvis, S. O’Brien, S. Dooley. Ms. Baker opened the meeting and presided until a Council Chair was elected. 1. 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. 2. Additions, deletions or changes in the order of Agenda items: Mr. Barritt moved to approve the Agenda as presented. Mr. Chalnick seconded. Motion passed unanimously. 3. Comments and questions from the public not related to the agenda: Ms. Tomey-Walker asked the Council to consider changing the Backyard Chicken Ordinance. She gave members handouts regarding her request. Mr. Chalnick asked her to provide photos. CITY COUNCIL 7 MARCH 2024 PAGE 2 4. Announcements, councilors reports from committee assignments and City Manager’s Report: Council members reported on recent meetings and events they had attended. Ms. Baker: Introduced some of the City staff present including Deputy City Manager/Fire Chief Steve Locke, City Attorney, Colin McNeil, and Finance Director, Martha Machar. Reviewed election results by districts. She noted that the City budget passed with a 52.09% approval, down from last year’s 72% approval. The water storage bond passed with 75% approval, and the proposed City Charter change passed with almost 80% approval. The School budget failed, passing only in the Orchard District. 30.14% of registered voters voted in this election, higher than other Town Meeting years but lower than other Presidential Primary years. Ms. Baker also thanked Ms. Rees for an excellent job doing her first election as City Clerk. 5. Under Sect. 13-303 of the City Charter, elect a Council Chair, Vice Chair and Clerk with the City Manager presiding: Ms. Baker opened the floor for nominations for City Council Chair. Mr. Chalnick nominated Mr. Barritt. Mr. Smith seconded. There were no further nominations, and Mr. Barritt was unanimously elected. Mr. Barritt presided over the remainder of the meeting. He opened the floor for nominations for Vice Chair. Mr. Barritt nominated Mr. Chalnick. Mr. Smith seconded. Ms. Fitzgerald offered to serve but agreed to accept the will of the Council. In the vote that followed, Mr. Chalnick was unanimously elected Vice Chair. Mr. Baritt asked for nominations for Clerk and explained the process for handling of Minutes. Mr. Scanlan said he would be happy to serve. Mr. Chalnick then nominated Mr. Scanlan. Mr. Smith seconded. There were no further nominations, and Mr. Scanlan was unanimously elected Clerk. CITY COUNCIL 7 MARCH 2024 PAGE 3 Mr. Barritt congratulated the new City Councilors. He then reviewed his history of service to the City including the Library Board of Trustees and Development Review Board (DRB) prior to the City Council. He also enumerated many of the significant actions he has seen in his 8 years on the Council including: progress toward joint dispatching, Howard Mental Health people accompanying Police on appropriate calls and significant co-training, approval of TIF votes, racial training in the Police Department, conservation of the Auclair Farm, the new radio tower, Wheeler conservation, the new City Hall/Library, the construction of Allard Square, Interim Zoning, FAA noise insulation work near the Airport, Climate Action Plan, new affordable housing buildings, City Plan 2024, Rental Registry, City Center housing, increase in Fire Department staff, and the new O’Brien all- electric housing development. Mr. Barritt added that South Burlington is a wonderful city, and he is thrilled to be in this position. 6. Council Orientation: Ms. Baker began by reviewing those things over which the Council has authority: a. Hiring and firing of City Manager b. Appointment of committees and commissions c. Liquor Control Board d. Board of Health e. Adopting ordinances f. Fiduciary oversight g. Convening of public meetings h. Serving on the Steering Committee along with School Board members Ms. Baker then outlined the Rules of Procedure including the following: a. Elect leadership b. Three members constitute a quorum c. Chair runs the meetings d. All actions are done in the affirmative e. Enter executive sessions as needed f. Chair speaks on behalf of the Council unless there is a vote otherwise g. A request by 2 Councilors will put an item on the Agenda (1 person can ask as well) h. The Agenda Planner is distributed weekly CITY COUNCIL 7 MARCH 2024 PAGE 4 Ms. Baker stressed that Council meetings are meetings of the City Council taking place in public. Public Hearings are when the public is invited to speak. The Council can ask for public input at any time. Council members can express an opinion as an individual citizen. A “Council position” must go through the Chair. Ms. Baker encouraged members to send any “day-to-day” questions to her. Regarding appointments to Committees and Commissions, Ms. Baker noted there are 4 types of appointments: a. Regulatory (Planning Commission, DRB, Board of Abatement, Board of Civil Authority, Library Board of Trustees, Sextons, Steering Committee b. Policy (Affordable Housing Committee, Bike/Ped Committee, City Charter Committee, Common Area for Dogs Committee, Housing Trust, Natural Resources Committee, Pension Advisory Committee, Public Art Committee, and Recreation/Parks Committee c. Task Force (Climate Action Plan, Airport Re-zoning Request) d. Others (Green Mountain Transit, Chittenden County Solid Waste District, Winooski Park District, Patrick Leahy Burlington International Airport, Chittenden County Regional Planning Commission (CCRPC), Town Meeting TV Ms. Baker noted that all Regulatory and Policy committees have staff support. Ms. Baker then addressed the issue of “transparency” and said that keeping the public trust is of the utmost importance. The City e-mail address should be used for all City business. Members should avoid having 3 Council members present at one time discussing current or future City Council items. All debate must take place in public. Mr. McNeil said that as long as there is not a quorum present, 2 members can discuss city business. There cannot be 3 members on an e-mail correspondence. He urged members to be careful and not to violate the law or the spirit of the law. CITY COUNCIL 7 MARCH 2024 PAGE 5 Executive Session meetings are confidential and can be used only for those purposes specifically allowed. Members should not forward confidential emails or talk about an executive session outside of the session. Ms. Fitzgerald asked about the sharing of information. Ms. Baker said the sharing of information is OK. Mr. McNeil said such correspondence should indicate “do not reply.” Mr. McNeil then addressed the Conflict of Interest and the Code of Ethics policy. He read the definition of “conflict of interest” and noted that if a members has such a conflict, it should be disclosed and the member recuse him/her self. A recused member cannot sit with the Council or deliberate with the other members on that item. Mr. McNeil noted that this policy is adopted annually and he asked members to do that. Ms. Baker also noted there is a bill in the State Legislature now which could significantly change this policy. Among other things, it would require annual training. Ms. Baker then outlined the City Manager’s authority including the following: a. CEO of the City b. Propose budgets c. Enforce ordinances d. Personnel Director e. Report to City Council f. Attend all City Council meetings g. Primary support person She asked that any question of staff be sent through her. She encouraged Councilors to tour the city’s facilities and to reach out to staff regarding Agenda items. The City Manager must be copied on all correspondence between staff and Councilors. Ms. Baker then showed a chart of the City’s organization and staffing. There are 193 regular employees and 15-20 per diem and seasonal staff. The City Council is the final appeal body for employee grievances. The City has 3 bargaining units: Firefighters, Police, and AFSCME employees. Ms. Baker discussed the annual Policy Priorities and Strategies on which the City Manager reports quarterly to the Council. Ms. Baker encouraged members to review documents such as the Climate Action Plan and City Plan 2024. CITY COUNCIL 7 MARCH 2024 PAGE 6 Mr. Scanlan asked at what point the Council works on the budget impact. Ms. Baker said this occurs during budget season, September through March. Policy issues are continual, and staff will bring funding implications to the Council. Ms. Baker noted that the city is tracking how new construction is complying with the climate ordinances. Other planning efforts that are active include zoning amendments, impact fees, the Rental Housing Ordinance, actively building out City Center, and various studies. 7. Adopt the City Council Rules of Procedure: Mr. Chalnick moved to adopt the City Council Rules of Procedure as presented. Ms. Fitzgerald seconded. Mr. Doyle explained that the three places to publicize Council meetings should be just a minimum because of the dense development that is going in in various places in the city. He felt this information should be more accessible to the public, especially since it does not always get posted in the places where it now should be. In the vote that followed, the motion passed unanimously. 8. Adopt the Conflict of Interest and Ethical Conduct for Council and Appointed Members: Mr. Scanlan moved to adopt the Conflict of Interest and Ethical Conduct as presented. Mr. Chalnick seconded. Motion passed unanimously 9. Consent Agenda: a. Approve and Sign Disbursements b. Approve the grant application for the National Council on Ageing Bone Health and Osteoporosis Community Pilot Project c. Approve the 2024 Certificate of Highway Mileage d. Award the contract for the Ash Tree Injection Project to Teacher’s Tree Service Mr. Wheeler explained the bidding process for the Ash Tree Injection Project. Mr. Smith moved to approve the Consent Agenda as presented. Mr. Chalnick seconded. Motion passed unanimously. CITY COUNCIL 7 MARCH 2024 PAGE 7 10. Appoint Charter and Ordinance required positions for a period of one year as outlined in the attached memorandum: Ms. Baker showed the list of appointments that require City Council approval. Mr. Chalnick moved to approve the appointment of Charter and Ordinance required positions for one year as presented on the attached list. Mr. Smith seconded. Motion passed unanimously. 11. Discuss and possibly approve the 2024-2025 City Council meeting schedule pursuant to the City Charter, Chapter 13, Section 305(a): Ms. Baker noted that the Council is required to meet twice a month. Dates can always be changed, and special meetings can be added. Mr. Chalnick moved to approve the City Council meeting schedule as presented. Ms. Fitzgerald seconded. Motion passed unanimously. Ms. Baker noted there will be significant items coming to the Council in the next 3 months. She asked if there are topics members want to add for future agendas. Ms. Fitzgerald suggested a discussion of community engagement with the Council, especially since there are 3 new members. Mr. Scanlan agreed and added they should look at different ways of communicating. Mr. Smith said he would like to put together an advisory team from different parts of the city that could meet with him on a regular basis, if that is allowed. Ms. Baker said these are good topics for discussion on the next agenda. Mr. Smith noted he won’t be in town for the 20 May Priorities meeting but could be available remotely. Ms. Baker said that is just a place holder and an official date will be set with the full Council. 12. Designate The Other Paper as the Official Paper of Record: Ms. Baker noted that this designation is required by State Statute. Mr. Chalnick moved to designate The Other Paper as the Official Paper of Record. Ms. Fitzgerald seconded. Motion passed unanimously. 13. Council Orientation: General Government: CITY COUNCIL 7 MARCH 2024 PAGE 8 Ms. Baker showed a chart of government organization and noted that the Council will be hearing from Department Heads in coming meetings. She then showed a pie chart of where tax dollars go and reviewed the general fund budget. The Grand List which is a $4,100,000,000, is set as of 1 April every year, and the tax rate is set by the Council at the first July meeting. One cent on the tax rate raises $411,416. One percent on the tax rate raises $200,262. 94 new single family homes are needed to increase the Grand List by 1%; 139 condos will also increase the Grand List by 1%. Ms. Baker also explained the working of values in the TIF district. The City received $5,600,000 in ARPA funds. To date, $4,500,000 has been allocated. The balance needs to be allocated by December, 2024 and spend by December, 2026. Ms. Baker also explained the use of the Fund Balance. This is the fund that can be accessed when a generator breaks down, etc. The City Manager needs Council permission to spend that money. The City will be receiving more earned interest than budgeted for FY24. This could be from $700,000 to $900,000. The Council should consider how to handle this. Ms. Baker noted that the City has had clean audits for many years and also had a clean TIF audit. She explained what information the Council will see. There are several active lawsuits which the City Attorney will discuss with member in executive session. Ms. Fitzgerald asked if the noise issue that was brought to the Council has been resolved. Mr. McNeil said it has. Emerging issues in the City include: a. Parking fund for City Center b. Rental Registry c. New data capacity d. New Climate staff e. On-line permitting system f. Modernization of financial systems g. Collective bargaining CITY COUNCIL 7 MARCH 2024 PAGE 9 14. Designate TD Bank as the City’s Official depository: Mr. Chalnick moved to designate TD Bank as the City’s official depository. Mr. Smith seconded. Motion passed unanimously. 15. Convene as South Burlington Liquor Control Commission to consider: Double Tree Hotel, 1st Class Hotel License & 3rd Class Hotel License & 2nd Class License; Interstate Shell, 2nd Class License & Tobacco License; Jiffy Mart #445, Tobacco Substitute Endorsement; Olive Garden Italian Restaurant #1520, 1st Class Restaurant/Bar License & 3rd Class Restaurant/Bar License; Skinny Pancake Airport LLC, 1st Class Restaurant/Bar License & 3rd Class Restaurant/bar License: Mr. Chalnick moved that the Council convene as Liquor Control Commission. Ms. Fitzgerald seconded. Motion passed unanimously. Mr. Chalnick moved to approve the liquor and tobacco licenses as presented. Ms. Fitzgerald seconded. Motion passed unanimously. Mr. Chalnick moved to reconvene as City Council. Mr. Smith seconded. Motion passed unanimously. 16. Other Business: Mr. Barritt explained the “Councilors’ Corner” column in The Other Paper. He also noted that Front Porch Forum has the ability to publish to all neighborhoods and encouraged the use of that communication. As there was no further business to come before the Council Mr. Smith moved to adjourn. Mr. Chalnick seconded. Motion passed unanimously. The meeting was adjourned at 8:50 p.m. _________________________________ Clerk