City Council

ur southburlington YERMONT MINUTES CITY COUNCIL 6 JANUARY 2025 The South Burlington City Council held a regular meeting on Monday, 6 January 2025, 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; M. Machar, Finance Director; T. DiPietro, Director of Public Works; E. Quallen, DPW Capital Projects; L. Demaroney, B. Layman, B. Sirvis, D. Leban, B. Britt, L. Marriott, N. Warner, T. Bellevance, G. Selik, T. Martin, M. Pasanan, L. Bailey, John' s Pad, S. Grasso, J. Hyslop 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: Agenda item # 16 was removed from the Agenda. 4. Comments and questions from the public not related to the agenda: PAGE 1 Ms. Demaroney expressed concern with the proposed extended shared use path on Dorset Street. It will have a great impact on their property, and they don' t believe there is a need for the path. She said they were not part of the discussion about the path, and they have issues of safety because of the left turn lane. The path will use 10 feet of the remaining 12- 13 feet of buffer from Dorset St. Other paths now exist. Ms. Demaroney said they would prefer a route on the other side of the street. She said a lot has changed since the path was proposed and she said a new study is needed. Mr. Layman agreed with Ms. Demaroney. He said there are people crossing Dorset Street where there is no crosswalk. He also cited the speed of traffic in the area. He felt the money could be better spent for a path elsewhere in the city where there is no existing path. 5. Announcements, councilors reports from committee assignments and City Manager' s Report: Council members presented their " start of the year" thoughts and reported on meetings and events they had attended in recent weeks. Ms. Baker: Reported on a meeting with State Legislature delegates. She noted there are two kinds of advocacy: staff advocacy ( professional expertise of the Department Heads) and political advocacy ( the policy positions of the Council and community — as led by the Council.) The new City website will be up and running on 16 January. 6. Consent Agenda: a. Approve and Sign Disbursements b. Accept the following easements for the construction and future maintenance of the Dorset Street Shared Use Path between Old Cross Road and Sadie Lane and associated drainage and utility infrastructure. A combination of permanent and temporary easements on parcel 0750- 01480 granted to the City by Warranty Deed signed 17 April 2024 c. Receive the October and November 2024 financials CITY COUNCIL 6 JANUARY 2025 PAGE 2 Mr. Smith said he still supports the Shared Use Path though there is still work to be done so abutters can address some of their issues and the path can be improved. Mr. Chalnick moved to approve the Consent Agenda as presented. Mr. Smith seconded. Motion passed unanimously. 7. Receive an FY26 budget request from the Safe Routes to School Task Force: Ms. Grasso of Local Motion said the aim of the Task Force is to make it safe for Children to walk and bike to all schools. She reviewed the membership and tasks of the Task Force as follows: a. Safe walk/ bike routes to all 5 schools b. Support Safe Routes to School teams in the schools c. Determine whether the initiative should continue into the future Ms. Grasso reviewed participation in the local concerns meeting regarding Dorset Street paving and safety improvement project. The Task Force also did a walk/ bike audit and streetlight analysis. They were able to test a Safe Routes to School path from Elsom Parkway through neighborhood streets to the Middle and High Schools ( she showed photos of the route, signage, neckdowns, temporary crosswalk, and bike/ ped stencils). A community survey was done which received 51 responses, 75% of which were in favor of making this route permanent. There were concerns with the bumpouts because they move cyclists to the middle of the street. Ms. Grasso said the biggest project is to identify and map areas of concern within a mile of each school. She explained the process. She then showed the GIS mapping with attention drawn to areas of concern. Focusing on Chamberlin School, there were various get- togethers at which 30 issues of concern were raised. The Task Force will do the same analysis with the other schools. There is a study underway of the Market St./ Datillio Drive intersection. Other areas of concern include filling the need for crossing guards and circulation issues in the Middle and High School parking lot. CITY COUNCIL 6 JANUARY 2025 PAGE 3 The hope is to build Safe Routes to School teams in all of the City' s schools. The Task Force is asking for $ 285, 000 in FY25 for additional streetlights and for 400, 000 in FY26 to complete the Richard Terrace sidewalk gap and $ 70, 000 for the White Street Improvement Plan which addresses 12 areas of concern. The hope is to use ARPA money for some of these costs. Ms. Grasso said she understood the money for the lighting is in the DPW budget. Mr. DiPietro said DPW has moved forward with engineering of Dorset Street including lighting. It currently meets minimum requirements. They have received a good bid for this work. Ms. Fitzgerald asked if the lighting goes in this area, won' t there be a request to continue it all the way down Dorset Street. Mr. DiPietro acknowledged that the sidewalks will be brighter with the new lights. As to whether the lights would continue, he said that would be a policy decision. Mr. DiPietro cited the need to look at needs city- wide, including sidewalk maintenance. He noted that Richard Terrace is not in the existing plan. Ms. Quallen said that the Council will see more smaller requests at its next meeting. Ms. Baker said these are things the Council asked staff to look at because of public concern. She encouraged the Council to think about how multiple efforts ( SRTS, the Bike Ped Committee, the TIF projects, and the Active Transportation Plan) all fit together. She also noted the assistance of CCRPC in paying for some of this work. Ms. Leban questioned the Dorset Street lighting and said if you add to one section of Dorset Street, it will look darker on the other sections. She suggested adding to the existing poles instead of installing new poles. She added that the reason the sidewalks are dark is the existence of trees. She offered to look at the plans and suggested the focus be on lighting the sidewalks. This might save some money. Mr. DiPietro said the consultant told them they can' t " piggy- back" the lighting which was a disappointment. They have had the City Arborist look at tree pruning and limited work was done. ( Mr. DiPietro noted the City Arborist has just retired and the search is on for a replacement) Ms. Grasso said there will probably be priority projects for the other schools as time goes on. CITY COUNCIL 6 JANUARY 2025 PAGE 4  8. Receive the annual Winooski Valley Park District presentation: Mr. Warner reviewed the history and noted the District focuses on acquisition, management and conservation of properties. They manage 111 acres in South Burlington. They also do a lot of education including a pre- school. Much of their work is done by volunteers ( he showed photos taken in the various parks) though they have a full- time Parks Superintendent and seasonal crews. Mr. Warner said they have diversified their income by acting as a fiscal agent for non- profits. They also have a number of " partners" including the Abnaki who rent from them, Ethan Allen Homestead, Burlington Wildways, New Farms for New Americans, and several community gardens. He showed a list of the various parks and their acreages and a slide of each park. Most parks are actively used. They are currently working on a new park in Williston. Mr. Warner explained the budget process and showed the " fair share" analysis. Ms. Baker said the South Burlington fee is already built into the operating budget. 9. Continue the City Council' s discussion of the proposed FY26 budget and provide direction to staff: Ms. Baker drew attention to her memo and said that no action is needed at this meeting. The budget is at a 3. 33% increase now with the use of ARPA funds. Members indicated they were comfortable with that. Mr. Britt said he supports the lighting request and the Richard Terrace work. It could " kick- start" the Safe Routes to School initiative. He felt that to wait 2 years to begin that would be wrong. NOTE: Agenda items were addressed out of order at this point but will be recorded in the Agenda order. 10. Discuss a potential ballot item for Town Meeting Day that amends the Penny for Paths program: Mr. McNeil said that at the Council' s request, he looked into a ballot item to amend the use of Penny for Paths funds to allow for maintenance. The Council would have to approve the language to be on the Warning and have an CITY COUNCIL 6 JANUARY 2025 PAGE 5 informational meeting prior to the vote. The item would also have to be published and posted. Mr. Chalnick recommended amending the wording to add " up to 20% of future tax proceeds." He felt this would give more flexibility. Mr. Smith said he agrees in theory, but he is concerned that Penny for Paths funds have already been allocated through FY27 to existing projects. He didn' t want to take away from that. Ms. Quallen said the way things are set up now, the City would collect funds till 2029, and there would be a balance after the City stops collecting. Ms. Baker noted that as the Grand List goes up, the Penny for Paths goes up. Mr. Smith said the voters approved the money to improve the path network. If the money is used for maintenance, it takes away from what the voters wanted. Mr. Chalnick said that is why there would be a vote to see if the voters will accept the change. Mr. Scanlan agreed with Mr. Smith and said it is premature to put it on the ballot until there is a Transportation Plan, a Safe Routes to School plan, etc. Mr. Barritt said any asset will always have maintenance costs, and this should have been part of the original motion. What is proposed is a " tweak" to repair what exists and needs to be fixed. Mr. Smith noted the budget includes funds for maintenance. He felt it made more sense to wait. Ms. Fitzgerald noted it is only 3 weeks before ballots are mailed out. She thought there could be better options. Mr. Britt said it took months to educate the community for the original vote. He felt this proposal is " misguided." He reviewed the history of Penny for Paths. It was for infrastructure, never for maintenance. All the funds are already allocated to projects. He wanted the funds to be " sacred to new paths." A straw vote of the Council was held, and the proposed item did not pass. 11. Hold a First Reading of and Ethics Investigation and Enforcement Ordinance in response to the State' s new Municipal Ethics Statute. Potentially set a Second Reading and Public Hearing for 3 February CITY COUNCIL 6 JANUARY 2025 PAGE 6  2025 at 7: 00 p. m. and consider appointing a Liaison to the State Ethics Commission and a Designated and Alternate Complaint Recipient: Mr. McNeil drew attention to the draft Ordinance which went into effect on 1/ 1/ 25. The City now has to: 1. Create a mechanism by which to accept/ investigate/ enforce complaints. The only way to do this is to adopt an Ordinance. The proposed Ordinance was written with the help of VLCT. 2. Choose a liaison to the State Ethics Commission and pick a designated complaint recipient. The City has also added an alternate complaint recipient in the event the designated person is not available. The City Attorney would be the designated complaint recipient with the Deputy City Manager as alternate. Mr. McNeil noted that as part of the new code, the Council must receive training which will be provided by the State. Training will be interactive, and the City must keep a record of who has/ hasn' t received the training. This must be done by September 2025. Mr. Chalnick moved that to approve the First Reading of an Ethics Investigation and Enforcement Ordinance in response to the State' s Municipal Ethics Statute and set a public hearing for 3 February 2025 at 7: 00 p. m. Mr. Scanlan seconded. Motion passed unanimously. Mr. Chalnick moved to appoint Colin McNeil as Designated Complaint Recipient and Liaison to the State Ethics Commission. Mr. Scanlan seconded. Motion passed unanimously. Mr. Chalnick then moved to appoint Steven Lock as Alternate Complaint Recipient. Mr. Scanlan seconded. Motion passed unanimously. 12. Receive an Update from the North East Agricultural Trust ( NEAT) and the South Burlington Land Trust (SBLT) on a joint project at 1720 and 1730 Spear Street currently called the " Long View Project." CITY COUNCIL 6 JANUARY 2025 PAGE 7  This follows the Vermont Housing and Conservation Board' s approval of funding and an Associate Resolution. Provide direction to staff: Mr. Chalnick explained that the City has been mandated to adopt a new conflict of interest policy, and although he believed he could act impartially in this matter, under the new policy he is, as an abutter, required to recuse himself. He then stepped down from the Council during this item. Ms. Baker advised that the project was heard by the VHCB Board on 12/ 13. The grant agreement and resolution was provided as part of the packet. The revised VHCB resolution includes conserving 36. 4 acres with a transition zone to allow for other community uses and possibly affordable housing. It requires a minimum of 16 affordable homes. Ms. Baker reminded all that this is an unusual development process and that there are many steps to come before final agreements are reached and funding allocated. Ms. Baker went on to say that VHCB has been a critical partner in achieving the City' s goals for many decades. Funding from VHCB has made the following projects possible: the Summit homes at O' Brien Hillside, Garden Street, Auclair, and Dorset Commons. Mr. Seelig of the VHCB Board said that they had revised their Resolution. He stressed that this is a very complex process with many steps. He urged trust in the process as there is a lot still to be defined and many experts are working to do that. He added that VHCB has been a critical partner with South Burlington for many years and the hope is to continue that partnership in the future. Mr. Seelig of VHCB reviewed their function. He said they had more public comment on this project than all of their other projects, each commenter asking for something different. The Resolution VHCB passed supports conservation and provides a place for Habitat for Humanity to developl6 units of affordable housing. What is controversial involves 6 acres, a portion of which may or may not be needed to accommodate those 16 units. It will be up to the City to decide on the recreational uses of those 6 acres. They would have to come back to VHCB for any additional units of development. Mr. Seelig said VHCB is willing to work with the City on a process for a final plan. He noted that Habitat brings in hundreds of volunteers to keep costs down, and he cited the Habitat project as a gain for the community. CITY COUNCIL 6 JANUARY 2025 PAGE 8 Mr. Martin of VHCB said they hope to find some resolution at this meeting. He said there are a lot of potential uses for the 6 acres that are in contention. Part of that area is wetland. The area will have to be mapped. Mr. Barritt asked if VHCB is confident that a conservation easement could be written that would allow the flexibility they speak of. Mr. Seelig said they are not trying to determine that process. Mr. Smith said he was thrilled with VHCB' s commitment to the project. It will bring 16 units of affordable housing to the " high rent district," and nothing else could bring this affordability to the Southeast Quadrant ( SEQ). He stressed that this is privately owned property, and the City has to work with the owner and hear from them as to what is and is not acceptable to them. Mr. Barritt said he was not certain that Open Space Fund money can be used to purchase the 6 acres if there is a potential for additional development. Mr. McNeil said he has reviewed what was approved by the voters, and it is for purchase of land for open space and recreation purposes. It would be " a challenge" to use that money where development is proposed. Mr. Seelig asked if all 36 acres are conserved but a portion is left " flexible," could the Open Space Fund money be used. Mr. McNeil said if the use is changed, the City would have to reimburse the Open Space Fund. Mr. Seelig said section " 1 C" of their Resolution says the City would have to come back to VHCB if further development was desired. He said VHCB didn' t want to tie the City' s hands into the future. He stressed that they don' t want to force anyone' s hand as there are still " unknowns" ( e. g., wetlands). Mr. Scanlan said he voted " no" on the project. There is a large chunk of money being asked for from the city, and he felt that housing should be maximized. If more housing was in " 1C" it could change his vote. He also questioned using money again in the SEQ. To date the Open Fund has been used only to acquire land in the SEQ. Also, no land for active recreation had been acquired despite it being one of the Fund' s two objectives. He also noted, if the Funds would be used now there would be no funding for the recommendations due at the end of year from the Master Plan to ensure equity of open space and recreational parks throughout the City, let alone funding for the City Green. He would like to keep section " 1 C." CITY COUNCIL 6 JANUARY 2025 PAGE 9 Ms. Fitzgerald cited the need to maintain flexibility and consider the needs of future generations. Mr. Bellavance then reviewed the history of the project. It began as a conservation process. They were then told to find housing partners. He stressed that they are committed to those 16 Habitat homes. He noted that appraisal of the land actually came in higher than what they are selling the land to Habitat for. Mr. Bellavance stressed that his goal is to provide those 16 units of affordable house and to preserve the open space including the 6 acres for open space and recreation. While they will allow use of a small portion of those 6 acres if additional space is needed for the 16 Habitat homes, they will not agree to any additional housing beyond those 16 homes. Mr. Smith said 16 homes are better than none. He added that with the new administration in Washington, " what we think is protected may not be." He asked if the landowner' s statement is a hard stop for VHCB. Mr. Seelig said it is not their role to dictate to the City. He added that he and Mr. Bellavance have worked together for many years. The 16 Habitat homes are very important. He will talk to his Board to see if eliminating potential future development on the 6 acres is a stopper for them. He said VHCB wants the City to be in the driver' s seat. Mr. Smith asked if the Council can agree that the only housing on the 6 acres would be to get to the 16 Habitat homes and that the rest of the acreage would be for recreation, gardens, etc. This is what the owner wants in exchange for 16 permanently affordable homes and conservation of the remaining land. Mr. Barritt said it makes sense to him. Ms. Fitzgerald said she likes every aspect of this project including some flexibility. She was OK with staff looking at what was heard tonight to see if there is more flexibility. Mr. Bellavance said they have been overly flexible. Delays are costing them 9, 000- 10, 000 a month. The time to act is now. If the additional housing is eliminated, it' s a go. Mr. Seelig said it will likely be a go with his Board which will meet on 24 January. CITY COUNCIL 6 JANUARY 2025 PAGE 10 Ms. Baker said this is a difficult position to put elected officials in. Chief Locke added that he didn' t think they were that far apart. Mr. Bellavance stated he agreed to the 16 homes, and they are holding to that agreement. Mr. Scanlan said we will get there." Mr. Chalnick rejoined the Council. 13. Review the significant agenda topics below for the Council regular meeting on 13 January 2025: a. FY26 Budget Public Hearing b. FY26 Budget - Approve Budget to send to the voters and approve associated Resolutions c. Receive the Pension Asset Update and Actuarial Report d. Receive the Audit Report from RHR Smith e. Receive a briefing on the City' s response to Act 180 ( pre-chargh Community Justice Center services) f. Consider and approve the annual review process for the City Manager g. Consider amending the allocation process to award FY25 Social Services funding Ms. Baker said the Audit will not happen on that night. Mr. Smith noted the recent cold snap and its effect on the City' s unhoused population. He noted that 10% of commercial buildings are unoccupied and questioned whether anything can be done. Ms. Baker said a lot is happening at the State level - where the responsibility of safety net housing rests. The challenge isn' t the physical space. It is the operators or staffing. If there is a provider who would like to open in South Burlington, the City would happily be a partner. Ms. Fitzgerald expressed willingness to talk with the Council and with Rep. Krasnow about this. 14. Convene as Liquor Control Commission to consider the following applications for approval: Roots Future, LLC, Third Class Restaurant/ Bar License: Mr. Smith moved to convene as Liquor Control Commission. Mr. Scanlan seconded. Motion passed unanimously CITY COUNCIL 6 JANUARY 2025 PAGE 11 Mr. Smith moved to approve the Third Class Restaurant/ Bar License for Roots Future, LLC, as presented. Mr. Scanlan seconded. Motion passed unanimously. Mr. Smith moved to reconvene as City Council. Mr. Scanlan seconded. Motion passed unanimously. 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 10: 22 p. m. Clerk CITY COUNCIL 6 JANUARY 2025 PAGE 12