City Council

4 southburlington VERMONT MINUTES CITY COUNCIL 16 DECEMBER 2024 The South Burlington City Council held a regular meeting on Monday, 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; T. DiPietro, Public Works Director; M. Machar, Finance Officer; B. Britt, C. Tillinghast, C. Clark, M. Simoneau, M. Van Wagner, H. Tremblay 1. Pledge of Allegiance: The Pledge of Allegiance was recited. 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. Comments and questions from the public not related to the agenda: Ms. Tillinghast said she wanted the Council to know what she and her family have had to endure since the Rental Registry went into effect. She noted that there are 2 disabled people living in the house, and she and her wife depend on the income PAGE 1 from their B& B to survive. When they first heard about the registry, they approached the City and were told to wait. They tried to review the language of the Ordinance on- line, but the page wouldn' t load. When they spoke with Ms. Wehman about this, she told them to try another method. Ms. Tillinghast said she had already done that. She felt that she was being blamed for the website issues. When they received the bill, they paid it before it was due. A month later, they got a notice that it had not been paid. She had to provide the receipt to prove that it had been paid. When they were inspected, the inspector said he was passing them. Then they got a letter saying they weren' t passed and they couldn' t use their loft. When they asked for height requirements, they got no response. They were told that all required updates had to be done by 12/ 16. They couldn' t get anyone to do the work by that date. Ms. Tillinghast noted that another loft in the City has been passed despite the fact that it has no ladder and no windows, and her home has both. When she mentioned this to Ms. Wehman, she was told the other person isn' t using the loft as a rental. However, that owner told her a very different story. Ms. Tillinghast said the loft is part of the appeal as to why people stay with them. They have been told there is no appeal process. They are feeling stalked and discriminated against. She hoped the City could do better than that. Mr. VanWagner said he is the Director of Outreach for JUMP ( Joint Urban Ministry Project). They help people with They have an a variety of issues. outreach center in Burlington where they also see a number of South Burlington residents ( 278 over 2 years). They help people with bus passes, utility payments, laundry passes, thrift shop vouchers, etc., and serve anyone regardless of age, gender, residence, etc. Mr. VanWagner said they want to offer more services, and they are asking the Council to allocate some of the ARPA money. That money would be used transparently and compassionately for residents of South Burlington. 5. Announcements, councilors reports from committee assignments and City Manager' s Report: Council members reported on meetings and events they had attended in recent weeks. Ms. Baker: 130 people participated in the " Ugly Sweater" event which raised 85 pounds of food for the Food Shelf. Paperwork has been submitted for the winter bond pool. CITY COUNCIL 16 December 2024 PAGE 2  The Long View project was heard by the VHCB Board on Friday. They approved an amended resolution which would allow other uses in the " transition zone" including additional housing. 6. Consent Agenda: a. Approve and Sign Disbursements b. Approve Minutes from 20 August 2024, 3 September 2024, and 9 September 2024 Council Meetings c. Authorize the City Manager to execute a 3- year contract for the purchase of Oracle NetSuite finance software for a 3- year term and authorize up to $ 381, 000. 00 of ARPA funding to cover the year 1 fee, year 2 fee and implementation services. d. Authorize the City Manager to negotiate and execute a contract with CivicSol to deliver an Economic Development Strategic Plan for the City e. Award the Dorset Street Pavement Rehabilitation Phase 4 project base bid to Pike Industries, Inc., and authorize the Director of Public Works to sign all paperwork and manage the contract going forward f. Approve Resolution # 2024- 26 clarifying the number of South Burlington Library Trustees g. Approve a grant request for the VTrans Transportation Alternatives Program for the design and construction of 3 missing sidewalk segments along Williston Rd. between Kennedy Dr. and Shunpike Rd h. Approve the Lead Service Line Inventory Loan Agreement from the Vermont State Revolving Fund ( SLI Loan RF3- 564. 10) i. Approve a plowing agreement with Hillside at O' Brien Farm for the plowing of roads and authorize the City Manager to sign the agreement Mr. Chalnick said he believed the city has authorized item " C." Ms. Baker said the Council previously approved some funds but not the total balance. Staff is recommending the whole balance now. The balance does not change. Ms. Fitzgerald commented that she is very impressed with CivicSol. Mr. Smith moved to approve the Consent Agenda as presented. Mr. Scanlan seconded. Motion passed unanimously. CITY COUNCIL 16 December 2024 PAGE 3  7. Receive an overview and budget request from the South Burlington City Center Collaborative ( SB3C) to support vibrancy in the City Center: Ms. Trembley reviewed the history of the organization and said its purpose is to enhance the future of City Center. They are a 501- C3 non- profit organization, volunteer driven, which includes all the Form Base Code area of City Center. Ms. Trembley said their aim is to have a part time Executive Director next year and establish an office. She then showed their projected budget. They received a 5, 000 grant which will be used for youth events. They anticipate receiving additional grants and " in kind" donations. There are other potential funding sources such as local option taxes, parking, and assessment of businesses. They are asking the City for $ 35, 000. Ms. Trembley said communities typically provide such downtown support. Mr. Barritt noted there is already $ 20, 000 in the proposed FY26 budget. The request would bring the City' s contribution to $ 55, 000. Mr. Scanlan said he saw this as initial startup money for the organization to get a full- time person on board. With that, the organization would promote a dynamic downtown with business vibrance adding revenues to the City' s budget. Ms. Trembley said that was their goal. Mr. Britt, a member of the SB3C Board said they anticipate receiving greater funds from businesses because the organization will bring businesses to the whole city. Mr. Smith said he sees this as a source of revenue to all businesses in the City, and he felt it is very important and has his support. Ms. Baker noted that every community she has been a part of has had a downtown organization. They are also good partners as to what works well for the business community and will serve the Council as policy makers. Members agreed to continue the discussion in the budget item of the agenda. 8. Receive a presentation from Green Mountain Transit on FY26 operational funding and a requested Special Assessment. Consider taking action to support a one- time Special Assessment request: CITY COUNCIL 16 December 2024 PAGE 4 Mr. Clark thanked Ms. Baker, Mr. Scanlan who serves on GMT' s Board, and staff for working with GMT to help it better serve South Burlington. He noted this is the first time GMT has asked for a Special Assessment. South Burlington' s FY25 assessment was $ 654, 000. The FY26 assessment will increase to $ 754, 000. The majority of the increase has to do with paratransit for which there is a new methodology for calculating costs. The Special Assessment would require approval of all served communities. It would be distributed among the communities with the same percentages as the basic assessment. The total Special Assessment would be $ 308, 000. 00 with South Burlington' s share being $ 45, 000. The funds will cover driver buyouts ($ 240, 000), assessment reform 50, 000) and representation at the Legislature ($ 18, 000). Mr. Clark said this money would not need to be budgeted; the Council just needs to say the City would pay it. He also stressed that the Special Assessment may not need to happen if there is a positive Legislative session. Mr. Barritt asked what happens to the funds if there is no Special Assessment. Mr. Clark said the city would not be billed for it. Mr. Smith asked if any community has said " no." Mr. Clark said no other community has voted yet. He has heard that there could be " no" votes. Mr. Smith asked about ride numbers in South Burlington. Mr. Smith said the # 1 bus had had 500, 000 rides and they anticipate exceeding 600, 000 this year, a large percentage of which are South Burlington riders. The # 11 bus, one of the lowest performers, had 100, 000 riders. After Burlington, South Burlington had the most GMT service. Ms. Baker added that the route changes made will bring GMT bus service to Market Street. Mr. Clark noted that if they could not buy out drivers, they would have to lay off part- time drivers first, and they are one of the most cost- effective budget items. Mr. Scanlan said he strongly supports the Special Assessment. He believes it sends a signal that GMT can get through this difficult patch. Going forward GMT CITY COUNCIL 16 December 2024 PAGE 5 will reimage routes to service dense population areas, which will benefit South Burlington. Mr. Smith then moved to approve the Special Assessment as presented. Mr. Scanlan seconded. Motion passed unanimously. 9. Receive a final overview of the list of ARPA allocations in advance of the December 31, 2024 Federal allocation deadline. The Council may reaffirm their vote from August 19, 2024 to allocate the remaining uncontracted ARPA funds to currently contracted Capital Improvement Plan projects: Ms. Machar noted the ARPA funds now include the $ 400, 000 that was returned minus the $ 45, 000 that the Council just approved. She drew attention to the table at the bottom of the list and said work has begun on some of the projects. Ms. Fitzgerald asked if the numbers include the interest. Ms. Machar said they do not. Ms. Smith moved to allocate the remaining ARPA funds to the 4 projects indicated on the City Manager' s memo, as recommended by staff. Mr. Chalnick seconded. Motion passed unanimously. 10. FY26 Budget: Council discussion of the proposed FY26 Budget. Approve the public notice and warn a public hearing on the proposed FY26 General Fund Budget and Enterprise Fund Budgets and Proposed Amendment to the FY2026- 2035 Capital Improvement Plan for January 13, 2025 at 7: 00 p. m.: Ms. Baker asked the Council for any thoughts and questions. She noted the public hearing is required by statute. Mr. Chalnick asked if the two items related to sidewalks ($ 50, 000 and $ 100, 000) are in addition to the $ 130, 000. Ms. Baker said they are. The aim of the $ 50, 000 was to start building up tax capacity. The $ 100, 000 is a one- time " boost." Mr. Scanlan asked if any of the $ 162, 000 fund balance could be used for the small unfunded projects. Ms. Machar said it can. Mr. Chalnick said he wouldn' t want to use it for recurring items. Mr. Scanlan suggested using $ 75, 000 for the Airport project. It could also cover the GMT Special Assessment and SB3C. He asked if CITY COUNCIL 16 December 2024 PAGE 6 there is anything in the budget that could be taken out to free up additional funds. Ms. Baker said that would mean staff reduction. Mr. Smith asked to put the $ 50, 000 for Sunday hours for the Library back into the budget. Mr. Barritt said it is time to formulate a change to the Pennies for Paths rules to allow for maintenance. Mr. Britt said the public vote was strictly for land acquisition. Mr. Chalnick said infrastructure needs to be sustainable, and there now is no way to keep it sustainable. Mr. O' Neill said he would look into the language of the ballot item that created Pennies for Paths to see if it would allow for maintenance. Mr. Chalnick said he was OK with the CB3C request for this year. Mr. Smith agreed and said it is important to do it this year. He hoped there would be funding from businesses and other sources in the future. Ms. Fitzgerald was concerned that the Library request was premature in that the necessary corollary support services may not be in place yet. Mr. Smith said it is important for families with children and is a vital service to the community. Chief Locke noted that there would probably be mid- year implementation. Mr. Scanlan agreed with Mr. Smith and added that it is especially important for the winter season. Nevertheless, he said he understood Ms. Fitzgerald' s concern and asked if the due diligence had been done. necessary Mr. Barritt noted the Library provides a wide swath of services to the whole community and to people from other communities. He supported putting the money back in. Mr. Chalnick also agreed and said it is a waste to have it not available one day a week. Ms. Baker said that the $ 50, 000 provides minimal staffing. Mr. Smith reminded members that they have level- funded Social Services and that funding for JUMP could come from those funds. Mr. Smith then moved to warn a public hearing on the proposed FY26 General Fund Budget, Enterprise Funds Budget, and proposed Amendment to the FY2026- 2035 Capital Improvement Plan for 13 January 2024 at 7: 00 Mr. Scanlan p. m. seconded. The motion passed unanimously. 11. Receive and consider approving the FY25 Workplan from Recreation Parks: CITY COUNCIL 16 December 2024 PAGE 7 Mr. Simoneau said the plan speaks for itself and thanked committee members and members of the public who helped to create it. The major item in the Plan is the creation of the Parks Master Plan which will be a great opportunity for community engagement. With regard to an indoor recreation facility, Mr. Chalnick spoke to the possibility of a partnership with an entity such YMCA. Mr. Simoneau reviewed the history as and said that until the city gets a sense that the public is willing to consider the expense, it' s a long way off, but he did not want it forgotten. Mr. Scanlan applauded the committee for taking a holistic view to ensuring equitable access and opportunity for the entire community by putting the Parks Master Plan front and center. Mr. Scanlan moved to accept the FY25 Workplan of the Recreation & Parks Committee as presented. Mr. Smith seconded. Motion passed unanimously. 12. Approve a letter recommending that the Vermont Commissioner of Health appoint Patricia Wehman as the local Health Officer, pursuant to 18 V. S. A. Section 601: Mr. Scanlan moved to approve the letter of recommendation that the Vermont Commissioner of Health appoint Patricia Wehman as the local Health Officer, pursuant to 18 V. S. A. Section 601. Mr. Smith seconded. Motion passed unanimously. 13. Convene as the Board of Health. Approve a letter requesting that the Vermont Commission of Health appoint Peter Walsh as a local deputy health officer for the City of South Burlington pursuant to 18 V. S. A. Section 601: Mr. Chalnick moved that the Council convene as Board of Health. Mr. Scanlan seconded. Motion passed unanimously. Mr. Barritt moved to execute the draft letter requesting the appointment of Peter Walsh as local Deputy Health Officer for the City of South Burlington, pursuant to 18 V. S. A. Section 601. Mr. Smith seconded. Motion passed unanimously. Mr. Chalnick moved to reconvene as City Council. Mr. Smith seconded. Motion passed unanimously. CITY COUNCIL 16 December 2024 PAGE 8  14. Other Business: Mr. Barritt wish everyone a happy holiday season. 15. Consider entering into executive session for the purposes of discussing the negotiation or securing of real estate purchase or lease options pursuant to 1 V. S. A. Section 323( a)( 2): Mr. Chalnick moved that the Council enter executive session to discuss the negotiation or securing of real estate purchase or lease options pursuant to 1 V. S. A. Section 323( a)( 2), inviting into the session Ms. Baker, Chief Locke and Mr. McNeil. Mr. Smith seconded. Motion passed unanimously Following the Executive Session, as there was no further business to come before the Council Mr. Smith moved to adjourn. Mr. Scanlan seconded. Motion passed unanimously. The meeting was adjourned at 9: 58 p. m. C.lerk/ Choiit- CITY COUNCIL 16 December 2024 PAGE 9