HomeMy WebLinkAboutDraft Minutes - City Council - 04/01/2024
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DRAFT MINUTES
CITY COUNCIL
1 APRIL 2024
The South Burlington City Council held a regular meeting on Monday, 1 April 2024, at
6:30 p.m., in the Auditorium, 180 Market Street, and by Go to Meeting remote
participation.
MEMBERS PRESENT: T. Barritt Chair; A. Chalnick, E. Fitzgerald, M. Scanlan, L. Smith
ALSO PRESENT: J. Baker, City Manager; Chief S. Locke, Deputy City Manager; C.
McNeil, City Attorney; J. Pellerin, Deputy City Attorney; P. Conner, Director of
Planning & Zoning; T. DiPietro, Public Works Director; J. Nadeau, CWD Distribution
Director; B. Fisher, Wastewater Superintendent; M. Rorabaugh, Stormwater
Superintendent; A. Cate, Highway Department; E. Quallen, Deputy Public Works
Director for Capital Projects; M. Machar, Finance Director; J. Hanigan, C. Trombly, R.
Doyle, D. Peters, L. Bresee, D. Wheeler, B. Sirvis, A. Demetrowitz
2. Instructions on exiting building in case of emergency and review of
technology option:
Ms. Baker provided instructions on emergency exit from the building and reviewed
technology options.
3. Additions, deletions or changes in the order of Agenda items:
No changes were made to the Agenda.
4. 5Comments and questions from the public not related to the agenda:
No issues were raised.
5. Announcements, councilors reports from committee assignments and City
Manager’s Report:
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Council members reported on recent meetings and events they had attended.
Ms. Baker: The Easter Egg Hunt was a huge success with over 400 children and
families participating.
The second vote on the School Budget will be on Thursday, 4 April.
Illuminate Vermont will take place on Friday and Saturday, 5 and 6 April.
Eclipse Day is on Monday April 8, 2024.
Mr. DiPietro and his team have received grant funding for 3 projects.
Today was the first day of service for the second ambulance.
There have been 130 registrations for the Rental Registry. Property
owners will be invoiced shortly.
Chief Locke: There were 22 responses to the RFP for a vendor for the new permitting
software.
There is a GIS/Data Analyst added in the FY24 budget however the
recruitment efforts have not been successful. The City is hiring a consultant to help in
the interim. The Council will meet with this consultant in May.
This week will be the first time that the Community Outreach Team
(staffed by Howard Center personnel) will be operational from 8:30 a.m.- 6 p.m. every
day.
6. Consent Agenda:
a. Approve and Sign Disbursements
b. Adopt the Local Emergency Management Plan
c. Approve the forgiveness of the historical VCOP loan and accrued
interest for the Queensbury Coop as outlined in the request from
Champlain Housing Trust
d. Approve the grant application to the Northern Border Regional
Commission for $1,000,000 to support the Water Tank Project and
approve the City Manager as the Authorized Official.
e. Approve the submission of an application to the State of Vermont
Municipal Highway Class 2 Grant program for Phase 4 of the Dorset
Street paving and authorize the Director of Public Works to sign all
paperwork
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Mr. Barritt noted that a resident of Queensbury Coop would like that item pulled from
the Consent Agenda.
Mr. Chalnick moved to approve Consent Agenda item a, b, d, and e. Mr. Smith
seconded. Motion passed unanimously.
Ms. Demetrowitz then explained how the Vermont Community Development Program
works. Historically funds have to come from the municipality as a loan. State
officials recommend forgiveness of these loans as they are intended to be grants to
build affordable housing. The original grant in this case was $87,150. The funds have
been used to maintain their buildings. Ms. Demetrowitz noted that more recently,
these are awarded as grants.
Ms. Baker stressed that it has never been the city’s intention to collect that money.
She added that this is similar to the agreements with Allard Square and the Summit
properties at O’Brien Farm.
Ms. Machar noted that there are 5 or more of these grants, and the city confirms the
amount annually for the auditor.
Mr. Chalnick then moved to approve Consent Agenda item #c. Mr. Smith seconded.
The motion passed unanimously.
7. Approve Resolution #2024-13 recognizing April as Fair Housing Month:
Mr. Trombly reviewed the history and noted this is an opportunity to explained “fair
housing” to the public. There are 2 events that are being coordinated. The first,
“ADU is That Right for You?” is being co-hosted by the Library and AARP. The
second, “Housing and Homelessness” is a book discussion. Mr. Trombly asked the
Council to approve the Resolution.
Ms. Fitzgerald read the proposed Resolution.
Mr. Smith then moved to approve Resolution #2024-13 recognizing April as Fair
Housing Month. Mr. Scanlan seconded. Motion passed unanimously.
8. Orientation: Public Works:
Mr. DiPietro provided an orientation to the various divisions within the Public Works
Department. He showed a chart of how the various divisions are supported (e.g.,
enterprise funds, special funds, taxes). He then showed a chart of the Department’s
organization. There are 39 positions, 4 of which are currently vacant. A new Parks
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person will be coming on this month. Mr. DiPietro also showed an overview of the
city’s infrastructure including miles of pipes, sidewalks, shared use paths, etc.
The Public Works Building on Patchen Road will be upgraded to add an additional
garage bay, electric vehicle charging stations, new windows, roof and HVAC units. In
the future, the salt shed and fueling station will be replaced.
Water Division:
Mr. Nadeau then provided an overview of the Water Division. Water is provided by
CWD which responds immediately to emergencies. It oversees billing, meter reading,
and customer service. Water technicians are on as “as needed” basis, maintaining
water mains, hydrants, etc. Mr. Nadeau said they always have work to do. Funding
comes mainly from water users with occasional grants, when available.
Division successes include near completion of 100% radio-read meters and the
successful bond vote on a second water tank. They have also been identifying and
reducing water loss, upgrading aging water meters, and a lead service line inventory.
Emerging issues include updating the Water Ordinance, construction of the second
water tank, the retirement of CWD’s Director of Distribution at the end of 2024, lead
and copper replacement, aging infrastructure and system growth, and funding for
infrastructure upgrades.
Wastewater Division:
Mr. Fisher noted the CWD won the Regional Water Tasting Award.
The Airport Parkway Treatment Plant is one of the highest rated in the State.
The Wastewater Division manages both the Airport and the Bartlett Bay facilities and
32 pump stations. They produce electricity from the digesters. They have a staff of 8,
and Mr. Fisher reviewed what each person does. He also noted that the City of
Burlington has a staff of 25. He also noted the South Burlington is very good about
professional development.
Recent initiatives include improvements to the allocation process, refurbishment of
the Bartlett Bay facility which will be using efficient heat recovery, and pump station
upgrades which have digitized everything.
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Emerging issues include replacing Queen City Park pump stations, biosolids
management, PFA testing, copper testing, and budgetary challenges due to increased
costs.
Stormwater Division:
Ms. Rorabaugh noted that South Burlington’s Stormwater Division was the first in the
state. She then explained their function in regard to MS4 Permit compliance and
phosphorus control. They maintain 80 miles of drainage pipes, 210 outfalls, and 3418
structures. They have a staff of 9. They are funded by rate payers.
Successes and goals include $1,200,000 in grants in 2023, and another grant just
received. There are currently 22 projects in various stages of design and
implementation. The main goals are a Flow Restoration Plan and Phosphorus Control
Plan implementation.
Emerging issues include alignment with the new 2023 MS4 Permit requirements,
chloride impaired streams (from road salt) and the requirement for a road salt
reduction plan, implementation of the Flow Restoration Plans.
Mr. DiPietro said there is a lot of outreach/reduction needed so that homeowners use
less salt.
Highway/Parks Maintenance:
Mr. Cate said they have a Parks crew of 16 with one more to be added in 2025 plus 2
mechanics. There are 4 current vacancies.
The Division maintains all sidewalks, roads, signals, and parks including plowing,
pothole repair, tree care, sidewalk maintenance, etc. and plans for yearly paving
projects.
Successes and goals include reducing salt use, completion of a paving condition
inventory, the near completion of the Dorset Street signal project, improved
maintenance of ballfields and parks, and expansion of the DPW facility.
Emerging issues include maintenance agreements for new neighborhoods,
pedestrian and bike safety, phase 4 paving of Dorset Street, chloride regulation
changes, staffing challenges, increased cost (20-40%) of equipment.
Mr. Chalnick asked about green asphalt. Mr. DiPietro said he didn’t think it was
available in Vermont.
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Ms. Fitzgerald asked about the timing of when a road comes “on line.” Mr. DiPietro
said this is decided based on the Pavement Condition Index or PCI.
Open Space Fund:
Ms. Quallen explained the tax revenue funding and noted that half of the income goes
for management of the fund including improvements at Red Rocks, Wheeler and
Hubbard Parks. Ms. Quallen noted the hiring of Silken Kershner who will be working
on a new Open Space Master Plan.
Successes include the near completion of the Conservation Easement for Wheeler
Nature Park.
Emerging issues include balancing conservation with recreation and bidding and
construction of improvements at Hubbard.
Pennies for Paths:
Ms. Quallen said these funds plan, design and manage construction of paths,
sidewalks crosswalks, etc. They work with the Bike/Ped Committee to determine
policy and safety priorities and funding for new construction and
maintenance/upgrades.
Successes include the Transportation Climate Action Plan, new crosswalks at
Kennedy Drive and Williston Road, grant funding for the Hinesburg Road shared use
path, and restriping of city streets to include 10-foot lanes and bike lanes.
Emerging issues include an increasing need for maintenance of infrastructure, the
active transportation plan including an on-line survey, and data collection for bike/ped
users.
Mr. Barritt noted that tree roots on bike paths are a big problem now.
Mr. Smith asked about interconnecting paths. Ms. Quallen said some of this has been
done and some are in design now.
9. Approve Resolution 2024-12 establishing a School Zone and speed limit on
Dorset Street:
Mr. DiPietro reviewed school zones in the city and said they are similar to those in
other municipalities. The speed limit is 25 mph when the lights are blinking. It will
take 8-10 weeks to get the needed equipment.
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Mr. Barritt asked whether there has to be signing to warn the School Zone. Ms.
Quallen said there does, and they will be creating a “School Zone boundary.” Mr.
Barritt asked if this will replace the blinking crossing lights. Ms. Quallen said it will
not.
Ms. Fitzgerald asked if there is flexibility to use those zones outside of the times in the
Resolution for such things as sporting events. Ms. Quallen did not think there was.
Mr. DiPietro noted this would take people to operate the equipment which is currently
not planned.
Mr. Chalnick noted that Hoyle Tanner had indicated that drivers leaving the school
have a problem making left turns. He suggested exploring a traffic light. Mr. DiPietro
said they can do that.
Mr. Chalnick moved Resolution #2024-12 establishing a School Zone and speed limit
on Dorset Street with the proposed amendment to Section F. Mr. Smith seconded.
Mr. Warren thanked the Council for moving this forward. He also asked about paving.
Mr. DiPietro said paving has been delayed to accommodate the requests from the
School to make improvements. Paving should occur next summer. Mr. Warren also
noted that on some days school starts at a later time. Mr. DiPietro said that can be
further discussed. Mr. Barritt said the City can investigate additional technology.
Mr. Doyle encouraged having signs on both sides because of large trucks that drivers
may not be able to see around.
In the vote that followed, the motion passed unanimously.
10. First Reading of a Drinking Water Ordinance Update and possibly set a
Second Reading and Public Hearing for 20 May 2024 at 7:00 p.m.:
Mr. Wheeler thanked those who worked on the Ordinance. He said the intent of the
update was to modernize the Ordinance. He then showed a list of the sections of the
Ordinance that have been updated.
Mr. Conner explained the impacts of Act 47 and the need to align our ordinance to
State law. He noted that the Water Ordinance will now contain a “water service area”
which will enable alignment with zoning. He then showed a map of areas now served
by municipal water and those that are not or cannot be. He also noted that there is a
procedure to match habitat blocks and habitat connector modifications approved
through the LDRs and explained the history of this.
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Mr. Conner noted that the Planning Commission saw an opportunity to be more
nimble in the use of the Conservation PUDs. If the Conservation PUD area is
surrounded by an area served by municipal water/sewer, Act 47 says the whole area
should be served by water and sewer. This would make a difference of about 30
acres.
Mr. Conner noted that all of the NRP is excluded from the water/sewer area. There
are fewer than 5 parcels where there is a house, and that piece of property has been
cut out of the NRP.
Mr. Wheeler enumerated the water service exclusion areas as: NRP, habitat blocks,
flood plains and river corridors, isolated land areas, and lands above 430 feet in
elevation.
Mr. Wheeler then reviewed changes to water main construction and circumstances
when the city will maintain a private system during the warranty period.
In the section on internal piping and owner responsibilities, Mr. Conner noted the City
Center Service Area is lined up with the New Town Center area.
Ms. Baker noted that these changes and the changes to the Sign Ordinance which is
next on the agenda are the first big ordinance changes which have been prioritized
because of Act 47 and the emergence of City Center.
Mr. Scanlan said this is a bit overwhelming and he would like some more time to be
comfortable with what is being presented.
Mr. Barritt asked about taking fees out of the Ordinance as has been done with other
ordinances. Mr. McNeil said that by State Law the penalties have to be in this
ordinance. Mr. DiPietro said the fees do not change in this Ordinance update.
Ms. Fitzgerald asked what are the most material changes and what are the pros and
cons of those changes. Ms. Baker said this is more of a “clean-up” than policy
change. She agreed to bring it back for another first reading, possibly on 20 May.
11. First reading of an update to the Sign Ordinance and possibly set a Second
Reading and Public Hearing for 6 May 2024 at 7:00 p.m.:
Mr. Conner explained that this ordinance regulates commercial signage in the city.
The focus is on private properties and signage. The Ordinance operates within the
Vermont Billboard Law.
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Mr. Conner then reviewed the changes:
a. Simplifies the process
b. Expands permissibility for perpendicular signs
c. Prohibits new free-standing signs in the core of City Center
d. Expands allowances for temporary sidewalk signs and allows for
event signs
e. Prohibits free-standing signs within designated site amenities
f. Clarifies definitions of prohibited signs
g. Expands allowance for wall signs
h. Removes several instances of sign regulating based on content
i. School District signs have the same allowances as City signs
j. Expands allowable size of “Help Wanted” sings
k. Expands allowances for commercial flags
l. Extends compliance period for newly-created non-conformities to
come into compliance from 5 to 7 years
Mr. Smith asked if the Ordinance covers political signs. Mr. Pellerin said they have
the same standards as VTrans signs.
Mr. Chalnick said he would like further discussion of yard signs. Mr. Conner said they
are generally prohibited, and staff picks them up when they see them. There can be a
question of whether someone is partnering with the City.
Mr. Chalnick then moved to approve the first reading of the update to the Sign
Ordinance as presented. Mr. Smith seconded. Motion passed unanimously.
Mr. Chalnick moved to set a second reading and public hearing on the update to the
Sign Ordinance for 6 May 2024, at 7:00 p.m. Ms. Fitzgerald seconded. Motion passed
unanimously.
12. Consider appointing Council Liaisons to Committees:
Mr. Chalnick moved to approve the Council Liaisons to Committees as presented in
the City Manager’s memo. Mr. Smith seconded. Motion passed unanimously.
Ms. Baker then reviewed the “outside committees” as follows:
a. Airport Commission: Ms. Riehle’s term as representative ends in
June.
b. Town Meeting TV: Ms. Emery is the current representative
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c. CCRPC: Chris Shaw is the current representative and Chair of the
CCRPC Committee with Ms. Emery as alternate. Their terms end in
June
d. CWD: Denis Lutz is the representative with a term ending in 2026
e. Communications District: Mr. Barritt and Ms. Baker are 2024
representatives
f. Green Mountain Transit: Mr. Scanlan is representative through 2026
g. Winooski Park District: Mr. Kupferman is representative through 2026
Ms. Baker noted that Mr. Scanlan could be the alternate to the Airport Commission
which would be a non-voting position until the end of Ms. Riehle’s term. Mr. Scanlan
could also go onto the CCRPC in July.
13. Convene as South Burlington Liquor Control Commission to consider: Club
35, 1st Class Club License; VT Pool & Bar, 1st Class/3rd class Restaurant/Bar
License & Outside Consumption Permit; Sweet G Smoke Shop, LLC,
Tobacco License/Tobacco Substitute Endorsement; Weird Window
Brewing, 1st Class Restaurant/Bar License & Outside Consumption Permit;
Klinger’s Bread Company, 2nd Class Liquor License; Hana Japanese
Restaurant, 1st/3rd Class Restaurant/Bar License; Moose Loyal Order of
Lodge #1618, 1st Class/3rd Class Club License and Outside Consumption
Permit; Champlain Farms South Burlington, 2nd Class Liquor License &
Tobacco License/Tobacco substitute Endorsement; Champlain Farms
Exxon 2nd Class Liquor License & Tobacco License/Tobacco Substitute
Endorsement; Champlain Farms, 2nd Class Liquor License & Tobacco
License/Tobacco Substitute Endorsement; Pulcinella’s LLC, 1st/3rd Class
Restaurant/Bar License; Black Radish Catering, LLC, 1st/3rd Class
Restaurant/Bar License:
Mr. Smith moved to convene as Liquor Control Commission. Mr. Chalnick seconded.
Motion passed unanimously.
Mr. Chalnick moved to approve the list of Liquor Licenses and Tobacco Licenses as
present. Mr. Scanlan seconded. Motion passed unanimously.
Mr. Smith moved to reconvene as City Council. Mr. Scanlan seconded. Motion
passed unanimously.
14. Other Business:
Mr. Barritt noted that he posted on Front Porch Forum how to vote in the school
budget vote. He also added that he is supporting the budget. Mr. Scanlan said he
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will say that he is also voting for the budget, but he noted that the Council did discuss
just using Front Porch Forum for information purposes. Mr. Barritt said he felt it was
his responsibility to have an opinion on something that affects the whole city.
As there was no further business to come before the Council Mr. Scanlan
moved to adjourn. Ms. Fitzgerald seconded. Motion passed unanimously. The
meeting was adjourned at 10:23 p.m.
_________________________________
Clerk