City Council

I7 southburlington VERMONT CITY COUNCIL 18 FEBRUARY 2025 The South Burlington City Council held a regular meeting on Tuesday, 18 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; J. Pellerin, Deputy City Attorney; P. Conner, Director of Planning & Zoning; T. DiPietro, Public Works Director; A. Brumbaugh, Communications & Outreach Manager; A. Matth, Recreation Director; S. Grey, R. Doyle, K. Sita, J. Wright, B. Fletcher; Dr. B. Zigmund, G. Lecky, J. Leas, P. Underwood Weaver and members of the Underwood family 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: Members agreed to delay the City Manager' s review until the 6 March organization meeting. Members also agreed to move items 12 and 19 up to # 10. 4. Comments and questions from the public not related to the agenda: PAGE 1  Ms. Sita spoke in support of Lydia Diamond, for the a candidate City Council. She said that as a black woman she has suffered in South Burlington and that black women are afraid to speak up on behalf of their children. 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: The last regularly scheduled Conversation with a Counselor is 22 February. Annual Report and budget books are available online or at the City Clerk' s office. Early voting has begun. Economic development consultants are in the city and will be meeting with the public on Thursday. Over 200 people have registered their cats and dogs online. This is saving staff a lot of time. Ms. Miguez is working on an update regarding renewable heating ordinance. The Federal Electric Pay Program is offline. The hope is it will be back again. 75 people were present to hear Catherine Patterson at the Library last week. 130 people attended the Valentine' s Dance. 6. Consent Agenda: a. Approve and Sign Disbursements b. Approve Minutes of 11 September 2024, 16 September 2024, 7 October 2024, 21 October 2024, 4 November 2024 and 18 November 2024 City Council meetings c. Award the Ash Tree Removal Project to Teachers Tree Service CITY COUNCIL 18 FEBRUARY 2025 PAGE 2 Mr. Chalnick moved to approve the Consent Agenda as presented. Ms. Fitzgerald seconded. Motion passed unanimously. 7. Hold Interviews for Committee Appointments to the Natural Resources and Conservation Committee: The Council interviewed the following candidates for appointments to the Natural Resources and Conservation Committee: a. Beth Zigmund b. Grace Lecky 8. Receive legal guidance from the bond counsel related to the closing of the financing for the Dorset Street Water Tank Bond. Take action to accept and approve the associated Resolution and Certificate and designee: The Council was presented with a set of documents to be signed, two of which require City Council signatures. The interest rate on the bonds will not be known until next week. There is a provision that if the City does not make a payment that is due, the Bond Bank can intercept any State funds that are being sent to the City. The City must also pursue the project for which the funds are being borrowed; they cannot " sit" on the funds. Mr. Barritt asked if there is any complication regarding the light on the communications tower. Mr. DiPietro said there is not. Mr. Scanlan asked for the timeframe for the construction of the water tower. Mr. DiPietro said they signed the documents last week and have a pre- construction meeting next week. Things are moving quickly. The hope is that most of the work will be done this year. Mr. Chalnick then moved to accept and approve the associated resolution and certificate related to the Water Tower Bond. Ms. Fitzgerald seconded. Motion passed unanimously. CITY COUNCIL 18 FEBRUARY 2025 PAGE 3  Mr. Chalnick moved to designate Jessie Baker, City Manager, Martha Machar, Director of Finance and City Treasurer, and Colin McNeil, City Attorney, as being authorized to act for the City in matters related to the Vermont Bond Bank financing and authorize the City Manager to complete and execute the authorized representatives document. Ms. Fitzgerald seconded. Motion passed unanimously. 9. Receive an orientation and briefing on the City' s new website: Mr. Brumbaugh said the city chose Civic Plus for the new website, the same as a number of other municipalities. The website is oriented around the natural beauty of South Burlington and a more user- centered approach. Every page of the website has been updated. City initiatives can be featured, and there are mega menus" so people can find things more easily. The system is also more mobile friendly and looks good devices. There are also accessibility on mobile updates ( e. g., for people who have low vision, etc.). Mr. Brumbaugh explained the notification center element which allows people to choose what they want to be notified about. The site can also be translated into any language. The on- line permitting system saves people from having to come into City Hall. It will soon include Planning permits as well. Ms. Baker said the transition was amazingly smooth thanks to the amount of work Mr. Brumbaugh put into it. Mr. Chalnick asked if there is an easy way to map where things used to be and where they are now. Mr. Brumbaugh said " redirects" can be created. Each one has to be entered separately. Ms. Fitzgerald asked if people can still register animals in the Clerk' s office. Chief Locke said it has to be done on the website, but there is help for people who don' t have access to technology. 10. Consider approving Resolution # 2025- 5, " City council Resolution in Recognition of Richard Underwood and Family and Dedication of the Overlook at Underwood Park: Ms. Baker reviewed the history. Mr. Matth noted an error in the Resolution: 60- acre should read 260 acres. He then reviewed Richard Underwood' s service to the city. CITY COUNCIL 18 FEBRUARY 2025 PAGE 4 Mr. Barritt said there is no naming policy for parks. He felt the Council needs to be involved in the naming of a major parcel of land. Ms. Baker said that it is within the Council' s authority. Mr. Chalnick noted that the Underwood family is happy with this. Mr. Scanlan said he agreed with the need for a standard policy for He naming. also felt the solution here is a creative and good one. Mr. Smith said he supports this Resolution because the family is happy with it. He suggested taking up the naming issue at the next strategic planning meeting. Ms. Fitzgerald pointed out she had raised the need for an official naming policy a year ago and preferred to defer this decision until in place. one was She was very supportive of honoring the Underwood family. She asked if a hyphenated version with Hubbard and " Underwood knoll" had been considered. Ms. Fitzgerald asked the Chair to allow the family to speak about the proposed renaming of Overlook. Ms. Weaver said the family was concerned that if they waited any longer, they would lose the proposal on the table, so they would be happy to accept it. She noted that Overlook is where her grandfather' s barn had been, and the family home had been beside it. She added that if there were a decision to name a section of Hubbard Park the Underwood Knoll in the future, they would welcome that. Mr. Matth said there will be a new sign once the weather permits. Mr. Chalnick moved to approve the naming of The Overlook at Underwood Park in recognition of Richard Underwood and the Underwood family. Mr. Smith seconded. The motion passed unanimously. NOTE: Items that followed were not heard in the order they were printed on the agenda; however, they will be recorded in these minutes in numerical order. 11. Receive an introduction to a revised Ordinance Chapter 14, Environment" also known as the Nuisance Ordinance and provide direction to staff: CITY COUNCIL 18 FEBRUARY 2025 PAGE 5  Ms. Baker said this is a very time- consuming effort and creates issues in the community. What is being presented is logical and legally defensible. She then posed several questions: a. Is the decibel level correct? b. Should the Planning Commission prioritize this? c. Is there anyone else the Council wants to hear from on this? Mr. McNeil said they have looked at the " excessive noise ordinance: and LDR performance standards. He then reviewed some of the questions that staff considered: a. What kind of standards should be applied to uses that are approved through the LDR process? b. What about other things that haven' t gone through the LDR process? Mr. McNeil then reviewed what they found in the Ordinance and LDR Performance Standards as follows: a. There were performance standards that should be in the Nuisance Ordinance. These were moved appropriately. b. There isn' t a specific regulation regarding ledge in either the Nuisance Ordinance or the LDRs. It was felt that the LDRs were the appropriate place for this. In considering whether there should be a quantifiable standard for the Nuisance Ordinance, they looked at several studies ( e. g., World Health Organization studies, etc.) and ordinances to see if they include a quantifiable standard. The WHO standard outlined decibels that are harmful to humans and the decibel level which, over time, is annoying, and determined this to be 55 decibels or over. They also realized that there would have to be some exemptions such as construction noise from equipment that is being properly used, site procedures under the LDRs, and sound derived from LDR approvals ( e. g., HVAC units). Mr. Conner then said Planning staff is advocating that the LDRs be changed regarding ledge removal to look for the best circumstance on a case- by- case basis. The Nuisance Ordinance would serve as a back- up. CITY COUNCIL 18 FEBRUARY 2025 PAGE 6  Ms. Fitzgerald noted that the City Council motion as to limit " chipping" sounds because they have resulted in a number of issues. Chief Locke said it is hard to single in on one noise element in a project. The thought is to bring the Council an entire package. Ms. Baker said they wanted to assess the Council' s interest before dedicating more staff resources to this. Mr. Barritt reflected on what is " broken," and enumerated ledge removal, barking dogs, and leaf blowers as common causes of residents' concerns and complaints. Mr. Chalnick said the city has night- time noise standards but no daytime standards. He asked whether a permit can be pulled for violation of the LDRs. Mr. Conner said there are 2 avenues for addressing violations, a daily fine or asking for injunctive relief in the courts. Mr. Chalnick said he doesn' t want a process where the only way to build is to " chip" for 3 months. He wants some restraint, some time limit. He suggested time limits for construction and landscaping at 8 a. m. to 7 p. m. He felt the section that relates to the " city manager' s discretion" is too broad. There should be a standard that this discretion is tested against. Mr. Smith noted that along with chipping, there is the noise from rock crushing which is equally disruptive. He added that noise is becoming more of an issue as the city becomes more populated. He suggested consulting with a noise expert in Montpelier and engaging him to help create an ordinance. Ms. Fitzgerald said she prefers to narrow the scope to chipping noise and deal with the entire Nuisance Ordinance in the future. Mr. Scanlan agreed and said the goal was to focus on the chipping issue as it is a very challenging sound to put up with. Mr. Barritt commented that none of what he has seen relates to the Airport. Mr. McNeil said there is an exemption for things regulated by federal law ( e. g., airports, railroads, etc.). Mr. Barritt felt that 7 p. m. was too late to to continue. allow chipping Work usually starts at 7 a. m. and is finished by 3. CITY COUNCIL 18 FEBRUARY 2025 PAGE 7 Mr. Barritt then asked about enforcement and whether the Police have time for that. Mr. McNeil said this is not something the Police can do under existing conditions. Mr. Chalnick asked if there are things in the Performance Standards that shouldn' t be there. He understood why the Planning Department would be expanding the scope, and he agreed with that. He also felt the city should hire a consultant to address daytime noise. Mr. Smith said the professional team says the scope should be broadened, and he felt they should move forward on that. Ms. Baker stressed that if the Council prioritizes this, it will go in the queue, and something else will be moved. Mr. Conner said " chipping" is on the Commission' work plan. Planning s A major change would require moving something else off that plan. He said they can also look at rock crushing as part of this work. Ms. Baker suggested moving forward with the Planning Commission' s review of Performance Standards regarding " site including exceptions and preparation" hours. Other aspects can go to a future prioritization discussion. Members were OK with this. Ms. Gray, who lives on Golf Course Road, said the whole neighborhood is affected by the proposed 32 houses to be put on Park Road. What will be going on there is more than a barking dog. Ms. Wright added that it is not just the area directly adjacent to the project. The sound travels. She is homebound and urged the Council to get this under control. Mr. Leas said blasting may involve a shorter term of noise but it also involves drilling into the rock to place the explosives, and a top hammer drill is actually than noisier a chipper. He added that people who happen to be outdoors have no protection at all. Dr. Zigmund said noise at these levels is disruptive to a community and dealing with it should be a priority. It has been going on for years, and she does not want CITY COUNCIL 18 FEBRUARY 2025 PAGE 8 to live through that nightmare again. She felt a fine of$ 700 a day means nothing to a developer. She urged the Council not to " kick this down the road." 12. Consider approving and authorizing the City Attorney and the City Manager to execute the Stipulated Judgment Order and any and all other documents necessary to effectuate the settlement on behalf of the City Council to resolve a lawsuit on the Bourne property: Mr. McNeil reviewed the history of the litigation. Mr. Conner said he believes they have a settlement and asked that this be discussed in executive session. 12A. Consider entering an executive session for the purposes of discussing pending litigation. Mr. Chalnick moved that the Council make a specific finding that premature general public knowledge of the Council' s discussion of Pending Civil Litigation to which the City is a party would clearly place this public body at a substantial disadvantage. Ms. Fitzgerald seconded. Motion passed unanimously. Mr. Chalnick then moved that the City Council enter into executive session under 1 V. S. A. Section 313( a)( 1)( E) for the purpose of discussing Pending Civil Litigation to which the City is a Party, specifically the Bourne Property, inviting into the session Ms. Baker, Chief Locke, Mr. McNeil, Mr. Pellerin, and Mr. Conner. Ms. Fitzgerald seconded. Motion passed unanimously. Following the executive session, Mr. Chalnick moved that the Council approve and authorize the City Attorney and the City Manager to execute the Stipulated judgment Order and any and all other documents to effectuate the settlement on behalf of the City Council to resolve a lawsuit on the Bourne property. Ms. Fitzgerald seconded. Mr. Conner then explained the terms of the settlement as follows: a. The site layout matches what the DRB approved in 2024 b. The applicant is required to have 24 market rate and 6 perpetually affordable units ( this matches the current regulations) c. The settlement is subject to the electric vehicle ready standards d. The buildings are subject to the Renewable Heating Ordinance CITY COUNCIL 18 FEBRUARY 2025 PAGE 9  e. Buildings to be demolished must be removed by 1 May 2025. Mr. McNeil advised that if the Council approves this, it will be signed by the City' s representatives and Bourne' s representatives and will then go to the Environmental Court to sign off on. Mr. Barritt said he supports the settlement as it will remove an eyesore and meets the current regulations. In the vote that followed, the motion was approved unanimously. 13. Discuss possible approval of the City Manager' s Annual Review: This item was postponed to the 6 March organizational meeting. Mr. Smith left the meeting at this point. 14. Consider the approval of the negotiated agreement between the City and the South Burlington Police Officers Association for a 3- year collective bargaining agreement as presented: Mr. Chalnick moved that the Council make a specific finding that premature general public knowledge of the Council' s discussion of Labor Relations Agreements with Employees would clearly place this public body at a substantial disadvantage. Mr. Scanlan seconded. Motion passed 4- 0. Mr. Chalnick then moved that the Council enter into executive session under 1 V. S. A. Section 313( a)( 1 )( B) for the purpose of discussing Labor Relations Agreements with Employees, specifically the collective bargaining agreement with the South Burlington Police Officers' Association, inviting into the session Ms. Baker, Chief Locke, Mr. McNeil, and Mr. Pellerin. Mr. Scanlan seconded. Motion passed 4- 0. Following the executive session, Mr. Chalnick moved that the Council approve the negotiated agreement between the city and the South Burlington Police Officers Association for a 3- year collective bargaining agreement and authorize the City Manager to execute the agreement on behalf of the City. Ms. Fitzgerald seconded. Motion passed 4- 0. CITY COUNCIL 18 FEBRUARY 2025 PAGE 10  15. Review the significant agenda topics below for the City' s upcoming meetings 3 March 2025 Pre- Town Meeting Hearing and 6 March 2025 Organization Meeting: Ms. Baker said the 3 March meeting will focus on the presentation of the City and School proposed FY26 budgets. The 6 March organizational meeting will also include the City Manager' s review and a Consent Agenda. 16. Convene as Liquor Control Commission to consider the following application for approval: Guild Tavern - 1st Class & 3rd Class Restaurant/ Bar License: Mr. Chalnick moved that the Council convene as Liquor Control Commission. Ms. Fitzgerald seconded. Motion passed 4- 0. Mr. Chalnick moved to approve the First and Third Class Restaurant/ Bar License for Guild Tavern as presented. Ms. Fitzgerald seconded. Motion passed 4- 0. Mr. Chalnick moved to reconvene as City Council. Ms. Fitzgerald seconded. Motion passed 4- 0. 17. Other Business: No other business was presented. 18. Consider entering an executive session for the purposes of discussing labor relations agreements with employees and specifically the City' s collective bargaining with AFSCME: Mr. Chalnick moved that the Council make a specific finding that premature general public knowledge of the Council' s discussion of Labor Relations Agreements with Employees would clearly place this public body at a substantial disadvantage. Ms. Fitzgerald seconded. Motion passed 4- 0. Mr. Chalnick then moved that the Council enter into executive session under 1 V. S. A. Section 313( a)( 1)( B) for the purpose of discussing Labor Relations Agreements with Employees, specifically the collective bargaining agreement with the South Burlington City Hall, Public Works and Library employees, inviting into the session Ms. Baker, Chief Locke and Mr. McNeill. Ms. Fitzgerald seconded. Motion passed 4- 0. CITY COUNCIL 18 FEBRUARY 2025 PAGE 11  19. Consider entering an executive session for the purpose of discussing appointments to municipal committees and specifically the Natural Resources and Conservation Committee: NOTE: This item was heard earlier in the meeting when Mr. Smith was still present) Mr. Chalnick moved that the City Council enter into an executive session for the purpose of discussing the appointments of a public officer or employee, specifically appointments to the Natural Resources and Conservation Committee. Ms. Fitzgerald seconded. Motion passed unanimously. As there was no further business to come before the Council Mr. Chalnick moved to adjourn. Mr. Scanlan seconded. Motion passed unanimously. The meeting was adjourned at 10: 48 p. m. CITY COUNCIL 18 FEBRUARY 2025 PAGE 12