City Council

0R/ southburlington VERMONT CITY COUNCIL 7 APRIL 2025 The South Burlington City Council held a regular meeting on Monday, 7 April 2025, at 6: 30 p. m., in the Auditorium, 180 Market Street, and by Zoom. MEMBERS PRESENT: E. Fitzgerald, L. Smith, A. Chalnick, Acting Chair; M. Scanlan ALSO PRESENT: J. Baker, City Manager; Chief S. Locke, Deputy City Manager; P. Conner, Director of Planning & Zoning; B. Miguez, Climate Action Manager; E. Quallen, Deputy Director of Public Works; A. Matth, Recreation & Parks Director; S. Kirschner, Transportation and Open Space Project Manager; P. Wehman, Rental Registry Manager; R. Doyle, N. Senecal, M. Mittag, B. Sirvis, Dr. T. Child, C Freeman, C Hadson, L Bailey 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: Mr. Mittag asked for an update on a conservation easement for Hubbard Park. Ms. Baker said engineering is being done. The City also needs to hear from the Land Trusts. PAGE 1 A resident of Imperial Drive said they are caught in an electrical upgrade issue. They are required to put in another buried electrical line, and the cost is prohibitive. She noted that 1/ 3 of homes have aerial lines, and the new Burlington Telecom line is aerial. Ms. Miguez responded to the resident and said that staff has been looking into this issue, trying to figure out how many people are in this position. Ms. Baker noted that any change to the regulations would require an ordinance update. Staff is working to determine what that would entail. Ms. Miguez added that they are also looking to Efficiency Vermont to determine if an upgrade to service is always needed. Ms. Fitzgerald was concerned that incentives could sunset, and asked that staff look into that as well. Mr. Hansen expressed concern with a proposed road ( Garden Street) and cited that natural life that exists there which would be destroyed by that road. Ms. Baker suggested Mr. Hansen contact her, and she will put him in touch with the project manager. 5. Councilors' Announcements and Reports on Committee assignments and City Manager' s Report: Council members reported on recent meetings and events they had attended. Ms. Baker: There will be a public meeting on the Economic Development Strategic Plan on 8 April. The send- off for Police Chief Burke was a lovely event. The Police Chief Advisory Team held its first meeting last week. Chief Locke: The Fire Department has implemented a change to send fire equipment on fewer on medical calls ( e. g. when there is trauma, chest pain, etc.). This has been made possible by Computer Aided Dispatch. Ms. Baker: Two new Firefighters began work today as well as a new City Arborist. Green- Up Day will be on 3 May. Drop- off will be at 575 Dorset Street. 6. Consent Agenda: a. Consider and Sign Disbursements CITY COUNCIL 7 APRIL 2025 PAGE 2  b. Authorize the City Manager and Finance Director to reassign 70, 000 from the Fire Department' s FY25 CIP, $ 60, 000 from monies allocated towards the purchase of a powered patient loading system and $ 10, 000 from monies allocated toward the purchase of thermal imaging cameras, for the purchase and outfitting of a new Fire Department tow/ utility vehicle c. Award the engineering design contract for the Hinesburg Road Shared Use Path to VHB d. Approve the Updated Emergency Management Plan as presented Mr. Smith moved to approve the Consent Agenda as presented. Ms. Fitzgerald seconded. Council members asked why all rehab and daycare facilities were not listed in the Emergency Management Plan. Chief Locke said they tried to find the high hazards at daycares as well as the gathering places ( e. g., religious institutions) where people would go in an emergency. In the vote that followed, the motion passed 4- 0. 7. Approve Resolution # 2025- 7 Declaring April 2025 as Fair Housing Month: Ms. Senecal said the Resolution commemorates the 1968 Fair Housing Act. There will be month- long outreach and communication from the Housing Committee including a book discussion at the Library on 16 April, 6: 30 p. m. Ms. Fitzgerald read the Resolution. Mr. Smith moved to approve the Resolution as presented. Ms. Fitzgerald seconded. Motion passed 4- 0. 8. Receive an Update on the Climate related FY25 and FY26 capital projects: Ms. Miguez began by showing the CIP devoted to Climate action for fiscal years FY25 and FY26. She noted that some of the funds were related to transportation action items and others to government operations action items. CITY COUNCIL 7 APRIL 2025 PAGE 3 Government operations items were related to weatherization, HVAC, small equipment, vehicles ( electric and hybrid for Highway, Police and Fire), and EV charging. These amounted to $ 505, 000 in FY25 and a planned $ 345, 000 in FY26. Ms. Miguez then showed the energy trends for FY22- FY24 regarding emissions targets. She said the city is on target with the plan. Ms. Miguez then reviewed specific climate related actions for various City buildings and functions: Public Works: 3 of 5 rooftop units have been replaced ( grant funded) and are near the break even point. This means longer lasting equipment. A bid package is being prepared for the building expansion. Grant money has not yet been received for this. Ms. Miguez showed greenhouse gas savings and reductions from these actions. Police Department: Boilers will be replaced this summer at a total cost of 101, 000 of which $ 15, 000 is climate- related. The payback in savings is anticipated to take 4. 6 years. There is also a potential $ 1200 per boiler rebate. Fire Department: 4 doors have been replaced with improved thermal seals. Vehicles: 4 electric vehicles have been purchased. The EV investment, including fit- up, is $ 140, 000. The climate related cost is $ 12, 000. There are also anticipated rebates from the State and Green Mountain Power and some questionable federal rebates. Those rebates make the climate related cost a negative number. Mr. Smith asked how to get the public to understand that the dollars the city is spending is money that is being saved. Ms. Fitzgerald said she thought the way Ms. Miguez has explained it is how a citizen would understand it. Cruiser replacement: Patrol cars will be replaced with hybrid vehicles ( non plug- in). Current hybrids do not meet patrol car requirements. EV Chargers: An EV charger is planned for Fire Station # 1 for FY26 at a cost of 120, 000. Ms. Miguez then addressed transportation- related climate actions, expenditures and savings: CITY COUNCIL 7 APRIL 2025 PAGE 4 Bike- Ped: Sidewalk maintenance of $ 100, 000 from ARPA funds. There is no anticipated climate- related action for bike- ped in FY26. Other Expenditures: The city has paid for studies to be done regarding chargers for electric vehicles ($ 5, 000), solar for the Public Works building ($ 2, 000) and alternatives for heating the police station ($ 4, 000). An electric mower has been purchased for $ 31, 000) as well as electric line- striping for pavement and fields leased) for a joint cost of $ 27, 000. Ms. Miguez noted the health benefits of the new equipment which produce lower fumes, noise reduction, greenhouse gas reduction, and leading by example. Bartlett Bay Wastewater Treatment Plant: The goal here is zero use of fossil fuels. This will involve a water- source heat pump. Ms. Miguez noted that to put in heat pumps large enough for such a facility is very expensive. Public Transit: Ms. Miguez noted that the City' s contribution to Green Mountain Transit was $ 655, 000 in FY25 and will be $ 708, 000 in FY26. Ms. Bailey said that as a taxpayer, she wants to know how the numbers are arrived at and how the city is saving money. Ms. Freeman asked if the police and fire are no " plug- in," why do they need EV chargers. Chief Locke said the Fire Department has all electric vehicles. Ms. Baker added that the chargers are also used by employees who commute to a location. Mr. Bresee said the chargers would have to be in place before the city could buy any electric Police vehicles when they meet the standards. Regarding boiler replacement, Mr. Bresee said the current ones are 30 years old and have to be replaced before they start costing money for repairs. Ms. Freeman said that should also be told the taxpayers. Mr. Scanlan asked when and how the availability of outside funds is taken into consideration. Ms. Miguez said they are already doing that. Ms. Baker added that all federal funding is uncertain. There are things the City will have to do ( e. g., replace vehicles), and Ms. Miguez is exploring potential additional revenue sources. 9. Introduction of an Update to the Heating and Service Water Heating Ordinance: CITY COUNCIL 7 APRIL 2025 PAGE 5 Ms. Miguez reviewed the history and noted that all new buildings must have renewable primary heating and service water systems. There is a waiver provision where this is not feasible. The Ordinance included a 2- year hot water exemption which has now expired. The rational for the exemption was technology, and staff research has found that technology for large systems has not progressed in the 2- year period. Possible actions include: doing nothing or continuing the current system. Staff recommends extending the exemption except for commercial low- water users. The exemption would be extended 2 or 3 years for multi- unit residential, mixed use buildings and commercial building that have heavy water users. Mr. Smith questioned how to differentiate between smaller apartment buildings. Ms. Miguez agreed that the current definition is not clear, and they are trying to come up with better language. Mr. Smith said he agrees with the recommendation with that caveat. Mr. Scanlan asked if the cost/ increase on construction could serve as a disincentive. Ms. Miguez said that it' s not an easy number to reach. It depends on whether extra storage units are needed, whether there are peaks, and other factors. Mr. Scanlan felt the exemption should be continued until the TIF build- out is finished, unless new technologies come online to make it cost- neutral. Mr. Chalnick said New York City is able to require this for larger users, and he would like to know how before making a decision. Mr. Smith said the technology is either not there or not available in our area. He agreed with looking into what New York is able to do, but he didn' t want to inhibit building at this time. Mr. Scanlan moved to put the recommended exemption into ordinance language and for additional research. Mr. Smith seconded. The motion passed 3 to 1, with Mr. Chalnick voting no pending the outcome of the further research. 10. Receive a briefing on field maintenance at Veterans' Park and provide feedback on pursuing either a grass or synthetic turf: Ms. Kershner said they are looking into the possibility of synthetic turf at Veterans' field. The issue is wet conditions which require taking fields out of use. Most artificial turf is not allowed in Vermont because of contaminants; however CITY COUNCIL 7 APRIL 2025 PAGE 6 there is an option that is contaminant freed and has a long life span. It would extend playing time later into the fall and would keep fields in use. It would also reduce the cost for mowing. South Burlington would be the first community in Vermont to use this. The cost would be $ 115, 000 more than is budgeted. Ms. Kershner asked if they should continue to pursue this. She showed the location of where the turf would be located and the cost calculation. Mr. Smith said he would like to see the maintenance cost for grass. Mr. Scanlan said he would like to see the field usage. Mr. Chalnick asked if there is a maintenance cost. Ms. Kershner said there is not because the turf absorbs water. Mr. Chalnick and Ms. Fitzgerald asked to see references. Ms. Kershner said that is part of the next steps. Mr. Scanlan felt they should continue to explore this, given all the upsides mentioned. Mr. Smith said he has a visceral aversion to turf. He would prefer to make the fields drain better. He also understood functionality but hoped they could get closer to functionality with grass. Ms. Kershner said there is a memo regarding striping of the fields. Mr. Doyle noted a natural field also needs irrigation, if the can deal with drainage. Ms. Kershner said she will research the life cycle of the turf. 11. Receive the final Equity in Outreach Toolkit and discuss the Council' s role in implementation: Mr. Conner said staff has been using the toolkit for things such as the Parks Master Plan. Instead of meetings, staff coordinated with the Library and Recreations Department. Of consideration for the City Council is to review engagement types to consider potential barriers to engagement and to contribute to the Community Partners list to help broaden outreach channels. City Council use of the Toolkit would be to identify missing " voices," use data to help understand who is affected by a decision or policy, seek opportunities to meet more members of the community, consider missing representatives on CITY COUNCIL 7 APRIL 2025 PAGE 7 committee appointments, and report on how engagement has affected Council decisions. Mr. Conner said the Toolkit can be used to ground policies in the principles of the City Plan. In making decisions, the Council could consider what was the input, who wasn' t at the table, and who might be disproportionately impacted by a policy. Mr. Chalnick asked if this could be used to get more data from the community as to who is affected such as the issue of underground power lines. Mr. Conner said absolutely." Mr. Scanlan asked if they were confident this process would not leave any groups in the community behind, and that equity would also address the larger question of which neighborhoods would be prioritized for projects. Mr. Conner noted that the key to this effort is identifying networks within the community and building strong relationships with the various groups and leaders who may speak on their behalf. He added that equity would apply across all decision- making processes, including what is prioritized. Ms. Baker emphasized that this is a shared responsibility with the Councilors. Ms. Fitzgerald cited the importance of the " metric of unique responses." Mr. Smith said that as people see they are making a difference, it will increase public participation. 12. Receive an update on the Rental Registry program and provide direction to staff: Chief Locke provided the following data: Total projects registered - 417 Total rental units - 2, 643 Permanently affordable units - 762 Long- term rental units - 1, 805 Existing short- term rental units — 46 Owner occupied short- term rental units — 27 ( in addition to the 46) The Chief noted that new construction does not have to register for 3 years. Existing short- term rentals will be sunsetting. CITY COUNCIL 7 APRIL 2025 PAGE 8 The Chief then provided data on inspections: Total properties inspected - 222 Total units inspected — 753 Total inspections ( including re- inspections) — 975 Some of the challenges they have experienced include cancellation of an inspection, finding contractors to do the needed work, and zoning violations. Successes include safety education for citizens, identifying a faulty furnace, and testing circuit breakers. Ordinance challenges include re- evaluation of the sunset provision on short- term rentals, re- evaluation of the details of the short term rental requirements being different from long- term rental requirements, considering a fee for re- inspections and for late payments. With regard to capital planning, the Chief noted the need for additional space e. g., addition to the Fire Station), considering a capital assessment fee on all department- issued permits and/ or 5%) which would generate registrations ( 70, 000. 00 a year to pay for construction costs after which the fee would sunset. Mr. Chalnick said that sounds reasonable. Mr. Scanlan said it sounds like a win- win, but he would like to see the whole plan, especially how it impacts businesses of different sizes. It was an important goal, but it should not become a disincentive to business development. Mr. Smith supports it. He asked if this contemplates future building inspections that are not required now. Chief Lock said it does, and it would require an additional person. Mr. Chalnick asked if it is known how many of the 46 units are owned by out- of- staters. Ms. Wehman said many of the ones on the water are. People come up for the summer. Mr. Chalnick said he wouldn' t want to reopen that discussion as it was very contentious. 13. Receive the FY25 Policy Procedures & Strategies - Report# 2 and discuss options for the future: Ms. Baker said there are some They are looking to improve the exciting updates. reporting system, aligning it more toward the type of work ( instead of a topic CITY COUNCIL 7 APRIL 2025 PAGE 9 area), relating to the City Plan, and improving visuals. She suggested members think about this for the FY26 process. 14. Review the Significant Agenda Topics for the Council' s April 21, 2025 Council meeting: Topics will include: approving a fund balance award of$ 52, 000 to Common Roots to support purchase of a RIMOL greenhouse; approving submittal of Step 3 Loan Application for the Airport Parkway Solids Handling Project; and receiving an introduction to an updated Fire and Life Safety Ordinance. 15. Convene as Liquor Control Commission to consider the following applications for approvals: Interstate Corp. 314723, 2nd Class Liquor License, Tobacco/ Tobacco Substitute Endorsement; JAM Golf, LLC, 2) First Class Restaurant/ Bar Licenses, 3rd Class Restaurant/ Bar License, 2nd Class Liquor License; King Smoke Corp, Tobacco/ Tobacco Substitute Endorsement; Moose Lodge # 1618, it Class Restaurant/ Bar License, 3rd Class Restaurant/ Bar License, Outside Consumption Permit; Green Mountain Suites, 1st Class Restaurant/ Bar License, Outside Consumption Permit; Champlain Eagles # 793, 1St Class Restaurant/ Bar License, 3rd Class Restaurant/ Bar License, and Outside Consumption Permit; Champlain Farms 3 locations, 2nd Class Liquor Licenses and Tobacco/ Tobacco Substitute Endorsements; Shaw' s Supermarket, 2nd Class Liquor License and Tobacco/ Tobacco Substitute Endorsement; Skinny Pancake, 1st Class Liquor License and 3rd Class Liquor License; Maplefields at the Airport, 2nd Class Liquor License and Tobacco/ Tobacco Substitute Endorsement; Maplefields at the University, 2nd Class Liquor License and Tobacco/ Tobacco Substitute Endorsement; VT KOTO INC, 1st Class Restaurant/ Bar License and 3rd Class Restaurant/ Bar License, Outside Consumption Permit; Healthy Living, 2nd Class Liquor License; Pour House, 1st Class Liquor License, 3rd Class Liquor License, and Outside Consumption Permit; Pulcinella' s, 1St Class Liquor License, 3rd Class Liquor License, and Outside Consumption Permit: Mr. Scanlan moved that the Council meet as Liquor Control Commission. Ms. Fitzgerald seconded. Motion passed 4- 0. CITY COUNCIL 7 APRIL 2025 PAGE 10 Ms. Fitzgerald moved to approve the list of liquor and related licenses as presented. Mr. Scanlan seconded. Motion passed 4- 0. Mr. Smith moved to reconvene as City Council. Mr. Scanlan seconded. Motion passed 4- 0. 16. Other Business: Ms. Fitzgerald noted there are committee vacancies to be filled. Ms. Fitzgerald also asked about facilities tours. Ms. Baker said she would schedule something. As there was no further business to come before the Council, Ms. Fitzgerald moved to adjourn. Mr. Scanlan seconded. Motion passed 4- 0. The meeting was adjourned at 9: 36 p. m. Clerk CITY COUNCIL 7 APRIL 2025 PAGE 11