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City Council

Regular Meeting

South Burlington, VT · February 3, 2025

AgendaMinutes

Minutes

a southburlington VERMONT CITY COUNCIL 3 FEBRUARY 2025 The South Burlington City Council held a regular meeting on Monday, 3 February 2025, at 6: 30 p. m., in the Auditorium, 180 Market Street, and by zoom. 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; Sen. T. Chittenden, P. Conner, Director of Planning & Zoning; T. DiPietro, Director of Public Works; E. Quallen, DPW Deputy Director of Capital Projects; B. Miguez, Climate Action Manager; M. Sousa, HR Manager; A. Matth, Recreation Director; N. Gingrow, IT Director; D. Gingras, D. Goodman, A. Ward, J. Calcagni, S. Dooley, L. Diamond, A. Chittenden, K. Moore, M. Cota, R. Doyle, E. Sundberg, E. Fox, J. Bellevance, P. Taylor, N. Senecal, L. Demaroney, N. Andersen, S. Grasso, L. Marriott, K. Bailey, L. Bresee, F. MacDonald, D. Leban, M. Emery 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: Ms. Baker asked to add a review of the next Council Agenda as item 15A. 4. Comments and questions from the public not related to the agenda: PAGE 1 Ms. Diamond noted she is on the ballot for a City Council seat and hopes to be the first black woman to serve on the Council. She said she doesn' t feel " seen or heard" and wants to find a way to remedy that. She also said her grandchildren have no place to play, and there are seniors in her building who don' t feel safe. She wants to represent these people. Mr. Doyle noted that cost has been a topic at the City Charter Committee regarding all- citizen voting. He felt the city could find a way to do this. He also cited the expense of running for the City Council and the fact that the City Council page on the website doesn' t indicate how to run for the Council. He hoped to see better representation for the whole of the community. 5. Announcements, councilors' reports from committee assignments and City Manager' s Report: Council members presented on meetings and events they had attended in recent weeks. Ms. Baker: Introduced Maddi Sousa who has been promoted to HR Manager. Staff is tracking decisions being made in Washington with regard to the impact of loss of federal funding on local interests. There is a question as to whether funds already allocated can be taken away. The City' s on- line permitting system is up and running for Fire and the Clerk' s Office. The City' s new ambulance has arrived and will be operational next week. A new Police Officer reported today to the Academy for training. There is a new cabinet in the lobby for donations to the food shelf. Those in need of food can also take what they need from the cabinet. Katherine Patterson will be at the Library on Saturday, 10: 30. On 12 February Ms. Baker and the School District will be presenting the proposed budgets at the South Burlington Business Association meeting. CITY COUNCIL 3 FEBRUARY 2025 PAGE 2 6. Consent Agenda: a. Approve and Sign Disbursements b. Approve the award for the Brewer Parkway Line Replacement Project to Aldrich & Elliott, and authorize the Director of Public Works to sign all related papers. c. Approve the award for the Dorset Street East Tank Project to Engineers Construction Co., Inc., and authorize the Director of Public Works to sign all related papers. d. Approve the use of no more than $ 25, 000 from the unassigned fund balance for the purpose of updating the project list/ fee calculations in the Fire Protection Impact Fee Ordinance. e. Accept the Certification of Increment and Presentation of the FY2024 Annual TIF Report. f. Conditionally accept deeds of easement from Northeast Quarry, LLC, Quarry Hill Road, LLC, and Quarry Hill Lot 3 Condominium Association, Inc. ( initially provided in 2024 as an irrevocable offer), Larkin Family Partnership ( parcel # 5) and Larkin Family Partnership Conagul Equities II, LLC, Lessee; Vermont CVS Pharmacy, LLC, sublessee ( Parcel 6) for the Pedestrian & Bicycle Bridge over 1- 89 at Exit 14, and authorize the City Manager to execute a license agreement for the use of public right- of-way. g. Approve the South Burlington Certificate of Highway Mileage for Year Ending 3/ 1/ 25. Ms. Fitzgerald noted the increase in the cost of the water tank though it is still within budget. Mr. DiPietro directed attention to his memo in the meeting packet. He said they had received an estimate for the cost of materials, but the bids that came in were higher. Mr. Barritt asked if the number could go up again because of tariffs. Mr. DiPietro said they have a bid price, and the bidder should have to hold to it. He added it is to the city' s advantage to get projects bid out as soon as possible. Mr. Chalnick moved to approve the Consent Agenda as presented. Mr. Smith seconded. Motion passed unanimously. 7. Hold a second reading and Public Hearing on a Code of Ethics Investigation and Enforcement Order and response to the State' s new Municipal Ethics Statute: CITY COUNCIL 3 FEBRUARY 2025 PAGE 3 Mr. McNeil reviewed the history of Act 171. Mr. Chalnick moved to open the public hearing. Ms. Fitzgerald seconded. Motion passed unanimously. Public comment was solicited. There was no public comment. Mr. Chalnick moved to close the public hearing. Mr. Smith seconded. Motion passed unanimously. 8. Possible Action to approve the Code of Ethics Investigation and Enforcement Order and response to the State' s new Municipal Ethics Statute. Further, the Council should repeal the City of South Burlington' s Conflict of Interest & Ethics Policy for Elected and Appointed Officials adopted by the City Council on 2 March 2024: Mr. Chalnick moved to adopt the Code of Ethics Investigation and Enforcement Order and response to the State' s new Municipal Ethics Statute. Ms. Fitzgerald seconded. Motion passed unanimously. Mr. Chalnick then moved to repeal the City of South Burlington' s Conflict of Interest & Ethics Policy for Elected and Appointed Officials adopted on 2 March 2024. Ms. Fitzgerald seconded. Motion passed unanimously. 9. Hold a Public Hearing on the Vermont Community Development Program Funding Award to Summit for the projects at O' Brien Hillside as part of the grant closeout: Mr. Conner explained this relates to substantial funding for 94 homes off Kennedy Drive, many of which are permanently affordable. It was noted that the buildings were immediately filled, and this is a good neighborhood to be part of. Mr. Chalnick moved to open the public hearing on the Vermont Community Development Program Funding Award to Summit as presented. Mr. Scanlan seconded. The motion passed unanimously. Public comment was solicited. A member of the audience said it was great to have more affordable housing and hoped there would be more of this type in South Burlington. CITY COUNCIL 3 FEBRUARY 2025 PAGE 4 Mr. Chalnick then moved to close the public hearing on the funding to develop 94 units of affordable housing as part of the Vermont Community Development Program Funding Award to Summit. Mr. Smith seconded. Motion passed unanimously. Ms. Baker explained this funding source is from the State of Vermont. South Burlington has applied for this funding a number of times, and the hope is to continue to use this source for affordable housing in the city. She added there are requirements for inclusion of affordable housing in all City housing projects. It is also possible to use those funds for multi- purpose facilities for activities, young people' s play areas, etc. 10. Receive a briefing on the Dorset Street Shared Use Path project and provide direction to staff: Ms. Quallen showed a map of the project area of . 7 miles. The path will be 10 feet wide. It is being funded by a $ 661, 000 grant from VTrans. Ms. Quallen reviewed the project history, noting that it appeared in the 1996 Comprehensive Plan and was identified by the Bike/ Ped Committee as a top priority project. The scoping study was done in 2017, and the right- of-way phase began in 2022. 6 easements have been accepted to date. Ms. Baker said the Council will be discussing property acquisition in an executive session. Mr. Barritt noted that he sees people walking on the road without following the rules for walking. He added that this is a very problematic area, and he supports the project 100%. He then asked for public comment: Mr. Ward: A Link Road resident, said safety is of paramount importance, and the project shouldn' t be delayed as that could result in a tragic accident. Children can' t access the schools or City Center by bike. Mr. Calcagni: Thanked people for working on this project. There are 14 children in the neighborhood of the project and many more in adjacent neighborhoods. The project was deemed the highest need by the Bike/ Ped Committee. He hoped the project could start this spring/ summer. CITY COUNCIL 3 FEBRUARY 2025 PAGE 5 Ms. Dooley: Encouraged going forward with the project. She asked about the process for dealing with the 3 or 4 properties that have not participated in the right- of-way acquisition process. Ms. Chittenden: Lives on Dorset St. next to the auto body shop and sees people walking with baby carriages in the road. It is very important to keep people safe. Ms. Moore: Lives in the Dorset St. neighborhood, and there is no way to access the multi- use path. People risk their lives every day, and the project keeps getting delayed because of right- of- way issues. The path will help everyone. Her son is old enough to bike to activities if there is a path. She sees people pushing strollers across Dorset Street, and their lives are at risk. She urged the Council not to let a few homes delay this any further. Mr. Cota: Said his son nearly lost his life in a bike accident. He urged building the path. Mr. Doyle: The path fits with everything in the City Plan. He implored people to work with the City to make the City safe. Sen. Chittenden: Was hit by a car when he was 12. The most dangerous thing they do as a family is to walk on the street. He urged getting the path built. Mr. Chalnick noted several things that have delayed the path in addition to the right- of- way issue including moving of poles and a swale. He asked about moving the poles to the west. Ms. Quallen said even if the poles were moved, they would still need the easements for stormwater treatment. Mr. DiPietro added that when you create an impervious surface, you need State approval, and you have to have space for stormwater treatment. Ms. Quallen also noted that moving the path would require redesigning and changing all the existing easements. Mr. Scanlan said he strongly supports the building of the path as a public safety issue. He noted it had been in the works for years, with many opportunities for it to be revisited. He also cited it as meeting the goal of the Active Transportation Plan to close gaps so as to ensure an integrated path network in the city. 11. Receive a Presentation on the Active Transportation Plan: CITY COUNCIL 3 FEBRUARY 2025 PAGE 6 Ms. Quallen said this has been an active effort for 15- 16 months. It is a high impact action from the Climate Action Plan. The Plan provides an assessment of network gaps, both physical and quality, that need to be addressed. It prioritizes recommendations for the overall street network and provides a tool kit for future project development. Ms. Quallen stressed that this is not a maintenance plan. It is not a neighborhood land route plan. It is not a comprehensive project list of efforts related to Safe Routes to School and traffic evaluation requests. Mr. Gingras, the Project Manager, showed the project overview schedule from November 2023 to the present. The final plan will be submitted later this month. He then showed the scope of work including existing conditions, projected needs gap analysis, proposed bike/ ped network, etc.), project prioritization, program/ policy recommendations, and implementation strategy (" action plan"). Public engagement has included a very successful survey in which people reacted to the speed of vehicles, the lack of separation from vehicles for bicyclists, and insufficient bike lanes. The project defined the criteria for evaluating projects as follows: a. Safety b. Feasibility c. Connectivity d. Accessibility e. Equity f. Public input Mr. Gingras then reviewed the project development process as follows: a. GIS gap analysis b. Advisory group input c. Public engagement d. Review of best plans and studies 64 project have been identified. 30 are corridor projects, 20 intersections, and 14 crossings. CITY COUNCIL 3 FEBRUARY 2025 PAGE 7 The corridor projects include: a. Exit 14 east-west project b. White street bike lanes c. Hinesburg Road north end shared use path d. Williston road streetscape enhancement e. Shelburne road shared use path Intersection projects include: a. Williston Road/ Hinesburg Road b. Williston Road/ Dorset Street c. Dorset Street/ Garden Street Crossings include: a. Dorset Street/ Songbird b. Hinesburg Road/ Wright c. Williston Road/ Elsom Mr. Gingras then showed an example of how a project would be scored in order to be as objective as possible. This includes a 5- year crash history and the proximity to a high crash He then showed a chart of the 10 top projects area. including cost and implementation. The next steps include City Council approval and implementation. Mr. Barritt noted the recent tragedies on Hinesburg Road and Shelburne Road. Ms. Quallen said Shelburne Road is a high priority from Imperial to Swift. Mr. Barritt noted that Hinesburg Road is a shared responsibility with the State. Ms. Quallen said there are places where the City can and cannot lead. Mr. Chalnick asked if things can be added to the list of 64. He said he would like to see the School District' s # 1 project added. Ms. Quallen said part 2 of the effort will look at neighborhood projects, and the Richard Terrace project would fall there. Ms. Fitzgerald asked if there is a part of projects for ongoing maintenance needs. Mr. Gingras said the plan goes from planning through construction, not maintenance. It is very difficult to estimate future costs. CITY COUNCIL 3 FEBRUARY 2025 PAGE 8 Mr. Scanlan said he likes the emphasis on making it desirable and usable, the focus on destinations, and the connection with public transit. While applauding the initiative, he urged packaging the plan in a more digestible format for the rollout. Mr. Smith said the maps are still a bit " indigestible" to him. He' d like to see what things will look like this year, next year, in 5 years, etc. so that people can see how they will be impacted over time. Mr. Gingras said they prefer to provide ranges. Ms. Baker stressed that this is a planning document for when opportunities present themselves. Ms. Demaroney was concerned with maintenance of paths. She also noted that many of the places mentioned won' t be used year- round because of weather. Ms. Marriott noted that sometimes a very small project can make a very big difference. Mr. Andersen said he fully supports the plan but felt there was a glaring omission of the word " snow." He said Burlington has a " snow action plan." He also suggested bringing down the speed limits on all streets. Ms. Grasso suggested doing another map with traffic stress. Mr. Goodman said it would be good to have a " triage" for when an intervention is needed. He cited the area where 2 people were hit one recent night. 12. Introduce the City' s first Climate Action Manager and receive a report on the Energy Fund: Ms. Baker reviewed Ms. Miguez' s professional background and noted that she is a South Burlington resident and has already done climate work with the city' s schools. Ms. Miguez said this is a challenging time to be stepping into this position given the unknowns at the Federal level. Mr. Bresee then reviewed the savings that city has seen due to climate action projects. He stressed that savings is always at the top of the list for each project, and big projects get a very thorough examination. Savings data is key in CITY COUNCIL 3 FEBRUARY 2025 PAGE 9 determining viability of a project, and after a project is completed, it is tracked monthly and compared to early estimates. Mr. Bresee reviewed recent and current projects, specifically the LED lights at the Police Station ( Efficiency Vermont did a calculation which got the City a $ 6, 000 rebate) and the 180 Market Street solar array. With regard to the new boilers at 19 Gregory Drive, Mr. Bresee said there was not enough savings to justify heat pumps. The Bartlett Bay Waste Water Treatment Plant upgrade will have a detailed breakdown. The revolving fund ensures that savings from one project are there to fund other projects. The City sees about $ 100, 000 annually from the landfill solar array and 25, 000 a year from Market Street. Mr. Bresee then reviewed the FY25 CIP allocations for capital projects related to climate action as follows: Windows at the DPW $ 25, 000 Basement Weatherization at Wheeler House $ 50, 000 Charging Station at Fire Station # 1 $ 14, 000 Boiler replacement at Police Station $ 50, 000 Vehicle replacement Fire/ Ambulance $ 15, 000 Vehicle replacement Highway $ 20, 000 Vehicle replacement Police $ 30, 000 Mr. Bresee showed a chart of FY24 EPRF Fund income and a graph of EPRF balance. He noted this fund supplements department budgets and supplies the data between gas and electric model vehicles. Mr. Chalnick said he would like to see an accounting of where the extra money comes from as well as the amount the city expects to save during the life of a project. He stressed that given the environment we are in, if we don' t do this well, our children will have no future. Mr. Scanlan cited the need to make clear to the public why the city is doing this and the savings that it generates. It was noted that shortly after the revolving fund was created, there was no money in the budget for solar in the new City Hall. The city used $ 200, 000 from CITY COUNCIL 3 FEBRUARY 2025 PAGE 10 that fund. Two years later the fund was reimbursed from savings that are still continuing. Mr. Smith said it is very important for taxpayers to understand that the money spent on these projects is providing a continuing payback. Ms. Miguez said they are working on things to add to the website regarding climate action and the payback. They are thinking of how to show this visually. 13. Hold a discussion of a Dorset Street lighting project and provide feedback to staff: Mr. DiPietro reviewed the history and noted there was a bid alternative to add 16 lights at the High School end of Dorset Street. This is still to be determined. The lights would shine of the sidewalk and would be sited near the sidewalk, on city, school and private properties with very small easements from the private properties. The cost would be $ 286, 000. It would require changing the project, getting materials, and getting easements. Paving would be done when school is out. The lighting can happen at any time. Mr. Barritt asked if easements are not signed for 2 years, would the price go up. Mr. DiPietro said that would have to be worked out. Mr. Smith asked if the lights could be put on the street side and have the same impact. Mr. DiPietro said a lot of light would then spill outside the right- of-way. Mr. Scanlan referenced concerns expressed by residents from the last discussion that if one section of Dorset Street is done, people on other sections will ask for the same level of lighting. He asked if the lighting improvements around the crosswalk itself would be sufficient. If so, could the $ 286, 000 then be used for the Chamberlin School sidewalk, another designated safety priority? Mr. DiPietro said the lighting would meet the minimum standard for sidewalks. Whether this is sufficient and how any unspent funds would be used is a decision for the City Council. Mr. Scanlan commented the decision on meeting standards had to be made by a professional, but if the answer was yes, he would advocate the funds to be used for the Chamberlin project. Mr. Chalnick said he struggles with this. He can see why the city would want to make this stretch of road brighter as there is a lot of foot and bike traffic and CITY COUNCIL 3 FEBRUARY 2025 PAGE 11 students learning to drive. It makes sense to have the area brighter, but we don' t know what it will look like with what is in the existing plan which is already funded. He thought he would probably come down to waiting. Ms. Fitzgerald said she shared all the comments, and the proposal seems intelligent." She questioned whether the problem could be solved with added tree trimming. She was also inclined to wait. Mr. Smith said if they do wait, he would like to use the money for safety issues around the schools. Ms. Leban said she had conversations about this. She believes adding light to the crosswalks is vital. Increased lighting on this stretch of sidewalk leaves a bad effect on bikers and pedestrians. There is not a lot of lighting south of Dorset Street, and you can' t see anything because of car lights coming toward you. She noted how dark it gets near Veterans Park. She recommended against adding the sidewalk lighting and to look at pathways where people will be walking in early mornings and evenings. She added " the standard is the standard," and more isn' t necessarily better. Mr. Andersen said street lights light the street. When you walk and bike, it' s darker. There are woods in front of the Middle School, and someone could jump out of those woods. More lights would get kids to walk/ bike to school. He supported keeping them " on the books" and adding them later. Mr. Doyle said he walks near the area. He said it is crucial to light the crosswalks and suggested that possibly adding 6 more lights. He noted that the San Remo and Kennedy Drive intersections are also not well lit. Ms. Grasso said if this project will make it easier for people on the sidewalk and people driving to see them, the additional lighting would make it safer. Ms. Leban thought the 6 lights suggested by Mr. Doyle might be a good alternative. Ms. Bailey reminded the Council that there is more than a risk here, there has already been fatality. She added that the School Board was advocating for this a lighting before the Safe Routes to School project. CITY COUNCIL 3 FEBRUARY 2025 PAGE 12 In sounding the Council, Mr. Barritt found there was consensus to wait and see if the lighting and safety upgrades baked into the Dorset paving project would address the issue sufficiently. Mr. Chalnick then moved not to do the sidewalk lighting project at this time but to hold the $ 286, 000 for future safety projects either at this location or elsewhere as needed. Mr. Smith seconded. Motion passed unanimously. 14. Receive an update from the City, the Northeast Agricultural Trust, and the South Burlington Land Trust on joint project at 1720 and 1730 Spear Street currently called the Long View Project: Mr. Chalnick recused himself during this item due to a perceived conflict of interest. Ms. Baker said that after the last meeting, the City, property owner ( NEAT), and VHCB met to develop possible langague for a future revised VHCB award condition. NEAT and the Land Trust agree to the amendment. There would be the same proposed 16 houses with allowed ADUs and the potential for additional affordable units on the 6- acre parcel 50 years in the future with the approval of the VHCB. Ms. Baker noted VHCB has not taken action on this as yet, but their representative was at the table when it was discussed. Mr. Barritt felt the 50 years was a good compromise, and a future City Council could deal with it. Mr. Smith said he was told the decision is now in the City Council' s hands. Mr. Bellevance said that is correct. Mr. Smith said he felt the project checks a lot of boxes for the City. It will double the number of home ownership affordable units in the Southeast Quadrant ( SEQ). The proposal also meets the owner' s needs, and they could be selling the property for a huge sum. He felt the city was negotiating with a benevolent partner, and he wanted to see this move forward. Mr. Scanlan said he had been clear on his perspective. 51% of the land in the City is already protected per the City Plan' s objective. The housing crisis is now, and there is a possibility for more than 16 houses. 50 years is too long to wait. CITY COUNCIL 3 FEBRUARY 2025 PAGE 13 Ms. Fitzgerald said she struggles with this project. She doesn' t see a major benefit from conserving the land, and she particularly struggles with 50 years which is a show- stopper for her. She would prefer 10 or 20. She was concerned with federal funding in general and noted there is still the question of a " city green." Mr. Smith asked Ms. Fitzgerald if she would vote yes if the 50 were 20. Ms. Fitzgerald said she wants a path to " yes." If that was what came back to the table, it would be a harder decision to make. Mr. Smith said he saw no reason to continue the discussion. Ms. Baker explained that in this case, a failed motion would indicate that staff should stop working on this. With no action, she would discontinue work unless there was something significant to bring back to the Council. Mr. Smith moved to accept the draft letter as presented. Mr. Barritt seconded. The vote on the motion was 2- 2, and the motion was deemed to have failed. Ms. Baker said she could suggest 20 years to the parties and see what happens. Mr. Smith moved to modify the proposal to change 50 years to 20 years and to see if this is accepted by the parties. Mr. Barritt seconded. Mr. Bellavance said he is very disappointed. The 16 homes are very important. He is not asking the City for any permitting costs. 50 years sounds like a long time, but really isn' t. We will not build our way out of the housing crisis on this land. They are asking the city to participate at 37% of the fair market value of that land. He didn' t think it could get any " sweeter." This was his way to pay back to the City for all the things the City has done for him and his family. That 50 years would leave something for their grandchildren. Mr. Smith said he thought they would look back and regret letting this project go. The vote on the motion was 2- 2, and the motion was deemed to have failed. Ms. Emery said she believed this was a mistake. She cited all the affordable homes on Queensbury Road which were done with the assistance of VHCB. The residents there are so appreciative of those homes. She could not foresee 16 affordable homes being built without this kind of project. CITY COUNCIL 3 FEBRUARY 2025 PAGE 14 Mr. Doyle said those 6 acres are mostly invasive species. A plan that connects to neighborhoods on both sides would be better for the community to discuss. Ms. Dooley said she thought there was hope for a better outcome. She also didn' t want to see those who voted against the project demonized. Mr. Chalnick rejoined the Council. 15. Convene as Liquor Control Commission to consider the following applications for approval: Roots Future - LLC, 1st Class Bar/ Restaurant & Outside Consumption Permit Windjammer Restaurant - 1st Class and 3' d Class Bar/ Restaurant & Outside Consumption Permit King Smoke Corp. - Tobacco License Red Barn Market & Deli - 2nd Class Liquor License Shelburne Road Variety, LLC - 2nd Class Liquor License, Tobacco License, Tobacco Substitute Endorsement Trader Joe' s East - 2nd Class Liquor License Gracey' s Liquor Store - 2nd Class Liquor License, Tobacco License, Tobacco Substitute Endorsement Simon' s Store & Deli - 2nd Class Liquor License, Tobacco License, Tobacco Substitute Endorsement Gracey' s Store - 2nd Class Liquor License, Tobacco License, Tobacco Substitute Endorsement Mr. Scanlan moved to convene as Liquor Control Commission. Mr. Smith seconded. Motion passed unanimously. Mr. Scanlan moved to approve the list of applications submitted for approval. Mr. Chalnick seconded. Motion passed unanimously. Mr. Scanlan moved to reconvene as City Council. Mr. Smith seconded. Motion passed unanimously. 15A. Items Proposed for the Next City Council Agenda: Ms. Baker suggested a special meeting on Wednesday, 3- 5 p. m., for her review by the Council. CITY COUNCIL 3 FEBRUARY 2025 PAGE 15 Items on Thursday' s special meeting agenda include: interviews for the Natural Resources and Conservation Committee, water tank debt, Social Service funding allocation, Nuisance Ordinance, settlement with Bourne, Police Contract 16. Other Business: No other business was presented. 17. This item was deemed to be no longer needed. 18. Consider entering executive session, pursuant to 1 V. S. A. Section 313( a)( 2) for the purpose of discussing the negotiation and securing of real estate related to easements for the Dorset Street Shared Use Path: Mr. Chalnick moved that the Council make a specific finding that premature general public knowledge of the Council' s discussion of the negotiation or securing of real estate purchase of lease options and confidential attorney- client communications made for the purpose of providing professional legal services to the Council relating to the Dorset Street Shared Use Path would clearly place this public body at a substantial disadvantage. Ms. Fitzgerald seconded. Motion passed unanimously. Mr. Chalnick moved that the City Council enter into executive session under 1 V. S. A. Section 313( a)( 1)( F) and ( 2) for the purpose of receiving confidential attorney- client communication and to discuss the negotiation or securing of real estate purchase or lease options relating to the Dorset Street Shared Use Path, inviting into the session Ms. Baker, Chief Locke, Ms. Quallen and Mr. McNeil. Mr. Smith seconded. Motion passed unanimously. 19. Consider entering executive session, pursuant to 1 V. S. A. Section 313( a)( 2) for the purpose of discussing a negotiation of real estate and lease or purchase options: Mr. Chalnick moved that the Council make a specific finding that premature general public knowledge of the Council' s discussion of the negotiation or securing of real estate purchase and lease options and confidential attorney- client communications made for the purpose of providing professional legal services to CITY COUNCIL 3 FEBRUARY 2025 PAGE 16 the Council would clearly place this public body at a substantial disadvantage. Mr. Smith seconded. The motion passed unanimously. Mr. Chalnick then moved that the City Council enter into executive session under 1 V. S. A. Section 313( a)( 1)( F) and ( 2) for the purpose of receiving confidential attorney- client communication and to discuss the negotiation or securing of real estate purchase or lease options, inviting into the session Ms. Baker, Chief Locke, Mr. Conner and Mr. McNeil. Mr. Smith seconded. Motion passed unanimously. 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 10: 20 p. m. g, 61erk CITY COUNCIL 3 FEBRUARY 2025 PAGE 17

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