City Council

ir southburlington VERMONT CITY COUNCIL 5 MAY 2025 The South Burlington City Council held a regular meeting on Monday, 5 May 2025, at 6: 30 p. m., in the Auditorium, 180 Market Street, and by Zoom. MEMBERS PRESENT: T. Barritt, Chair; E. Fitzgerald, L. Smith, A. Chalnick, 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, DPW Deputy Director of Capital Planning; N. Longo, L. Lackey, J. Bartley, M. Friedman, Patrick Leahy Burlington International Airport; C. Baker, T. Newton, CCRPC; Dr. T. Childs, G. Silverstein, S. Dooley 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. Silverstein asked that the city do a forensic analysis of City Center including all materials. He also noted that the Vermont Electric Grid is powered by 58% natural gas which is what is electrifying heat pumps. He recommended not referring to carbon dioxide as a pollutant because without it we wouldn' t be here. PAGE 1  5. Announcements, Councilors' Reports on Committee Assignments, and City Manager' s Report: Council members reported on meetings and events they had attended. Ms. Baker: Thanked the team for their response to the fire on Friday night. Chief Locke said the fire was in a 4- story building senior living building on Lime Kiln Road. He cited the cooperative efforts of emergency crews from surrounding communities and particularly South Burlington Police Officers who evacuated people from the third and fourth floors and shuttled them to St. Michaels. The Chief noted that had the built to today' s standards, this fire would not have been as impactful. 6. Consent Agenda: a. Consider and Sign Disbursements b. Award the Contract for the Mary Street sidewalk project to Poulin Companies, LLC c. Approve an application for a Small Grants for Smart Growth grant to help fund the 2025 Energy Festival Mr. Smith moved to approve the Consent Agenda as presented. Ms. Fitzgerald seconded. Motion passed unanimously. 7. First Reading of Update to the Heating and Service Water Heating Ordinance and possibly set a public hearing for 2 June 2025 at 7: 00 p. m.: Ms. Miguez reviewed the history. She then noted that the City Council had requested information about what New York City is doing. This is a waiver that is allowed if an applicant can show an exceptional economic burden. There had been an exception to hot water heating systems in this waiver. The New York City law now excludes service hot water until 7/ 2/ 27. Ms. Miguez said staff' s recommendation is to extend the City' s exemption for 2 years. There are also some edits to the definition section and a recommendation to contract with a consultant regarding hot water heating technology for large applications. CITY COUNCIL 5 MAY 2025 PAGE 2 Ms. Miguez showed a chart of Compliance Pathways and explained the exemptions. The next steps will be a public hearing on 2 June with the second reading followed by implementation. Mr. Chalnick said he is comfortable with the recommendation with the study so they will know what is out there and what isn' t. Mr. Scanlan also supported the recommendation. Mr. Silverstein noted that Green Mountain Power is not 100% carbon free because they have to link to the New England Grid which is 55% powered. There are gas not enough nuclear plants to be carbon- free, so for the near future carbon will be a fact of life because Vermont can' t exist without the New England Grid. Mr. Silverstein added that there isn' t a grid in the U. S. that can exist without fossil fuel. Mr. Smith moved to accept the First Reading of the Ordinance and to set a public hearing for the second reading and public hearing on 2 June 2025, 7 p. m. Mr. Chalnick seconded. Motion passed unanimously. 8. Receive an Update from the Patrick Leahy Burlington International Airport on their operations, expansion plans, Climate Action Plan, and Noise Mitigation Program: Mr. Longo said the Airport is considered a " small hub airport," but it still ranks as the second busiest airport in New England behind only Boston. The Airport includes a customs and border patrol facility, the Vermont Flight Academy ( for professional pilots), and the Vermont National Guard. It also has a number of innovations due to the presence of Beta Technology. There are 6 airlines serving the Airport at this time with 19 destinations including a new direct flight to Charleston. The Airport is currently doing an economic impact study. The last report cited the worth of the Airport at over $ 1, 000, 000, 000 ( 2016- 17 data). It provides 4, 935 jobs. Mr. Longo then showed a chart of Capital Development Program Overview. He said funds mostly come from the FAA based on the number of outgoing passengers. There is competition across the country, and Burlington works hard CITY COUNCIL 5 MAY 2025 PAGE 3 to make sure it gets funds. They have to fund the local share of grants and use PFCs to fund this. Mr. Smith asked if there is confidence with continued federal funding. Mr. Longo said they are " slightly less than confident." There are grants that are signed and sealed. With 3 new applications, they are " hopeful." They are being successful in keeping passengers flying out of BTV. He showed a chart of passengers per day each way. There will also be meetings with other airlines to bring more of them to BTV. Mr. Longo noted that bigger planes with more seating than in the past are being filled. Mr. Smith asked if there is any movement to get service back to Boston. Mr. Longo said that is a tough market. New York is more in demand. Mr. Longo said a goal is to build a " sustainable terminal." They will have geothermal heating and cooling and will have a rooftop garden that people can visit without going through security. They will also have mass timber framing with maple ceilings to reduce the carbon footprint. He showed a photo of the concept and said they " want to look Vermont." Mr. Lackey noted that a project is being presented to the DRB tomorrow night most of which will be built this year. Regarding the noise compatibility program, Mr. Lackey showed the noise exposure map. He said 68 homes are now under insulation construction at this time, and BTV has applied for grants for 7 more homes. Mr. Longo explained the pre- and post- acoustical testing process to ensure that the materials are doing what they should. This increases the cost and reduces the number of homes they can do each year. With regard to sustainability, Mr. Longo said they spent 2 years studying how much carbon they emit. They got a Level 1 Carbon Accreditation, only the second airport in New England to receive this. They are in the top 5 for small airports in the country. He then showed the new electric fleet which are being used to inspect runways, etc. The problem is they don' t have enough chargers, and Beta is having to help them to charge the fleet. They are also still working to reduce emissions. They are installing jet bridges so planes don' t have to use their generators, and they are working to get sustainable fuel to BTV. This is hard to get especially in the northeast. They have some now but not in the quantity they need. It is expensive. CITY COUNCIL 5 MAY 2025 PAGE 4 Mr. Chalnick asked about lead- free fuel. Mr. Longo said they are pursuing this as fast as they can. They are not allowed by the FAA to ban lead. This is a huge priority for Heritage Aviation. Mr. Scanlan thanked Mr. Longo for moving up the timing of building the rec path for the adjoining neighborhood to this year. He also cited the local option tax and property taxes generated at BTV as an essential element in helping to keep South Burlington affordable, as reflected in our last budget. Mr. Long said everything they do has a direct impact on South Burlington. They generate $ 40, 000, 000 a year in rental car revenue, with the local option tax revenues going to South Burlington. They have a dozen such examples. They expect these businesses to expand. Mr. Lackey added they just paid $ 750, 000 in permitting fees. Mr. Scanlan also thanked the BTV' s Air National Guard Fire Unit for helping with the recent fire in the senior housing building. Mr. Longo stated that the service is provided at no cost to the Airport or the City. This enables BTV to keep ticket prices down, which are the cheapest in the region. If the Airport had to pay to stand up its own Fire Unit, that would no longer be the case. Additionally, FAA rules would not allow it to respond to fires in the surrounding municipalities. Mr. Scanlan asked what it would take to increase GMT service, making bus service a more viable option at the Airport. Mr. Longo said 5 weeks of the year, they are maxed out with parking. They will be changing their rates as of July 1 for the first time in 20 years, but this is likely to have only a marginal impact. Thus, promoting bus service is a continuing discussion with GMT and even with BTV employees. They are also trying to increase some taxi services, particularly Uber and Lyft, especially at night. 9. Receive an overview and hold a discussion of Act 181, " An Act Relating to Community Resilience and Biodiversity Protection through Land Use," the draft Regional Future Land Use Map, proposed Housing Targets, and Act 250 Tiers. Receive a recommendation from the Planning Commission to consider taking action to request an Act 250 Tier 1B status be included in CCRPC' s regional map for submittal to State Land Use Board under Act 181: Ms. Baker said this directly addresses the city' s joint priorities of addressing the housing and climate crisis. With these targets, municipalities have the unique opportunity to go to the Legislature and say " to accomplish these targets, this is CITY COUNCIL 5 MAY 2025 PAGE 5 the policy and fiscal changes we need to see." This is the culmination of what South Burlington has been doing, and Ms. Baker thanked Mr. Conner for his regional leadership. Mr. Conner reviewed the 2 acts passed in recent years. He noted that the new legislation establishes housing targets. He said the draft Regional Future Land Use Map closely aligns to South Burlington' s local goals. The housing targets provide an opportunity to focus regional and statewide investment. Mr. Conner then showed the Future Land Use Map and noted that it must contain the following: a. A downtown center b. A village center c. Planned growth areas d. Village growth areas e. Transitions ( optional) f. Enterprise area g. Resource- based recreation h. Rural area ( which has 4 sub- categories) Mr. Conner showed that the majority of housing is to be in a certain focused area. He identified the City Center area (" downtown center") and 3 new " village areas e. g., Shelburne Road/ Fayette Rd.; Kennedy Drive/ Kimball Ave.; Shaws Plaza on Shelburne Road). He also identified " planned growth areas" which are served by water and sewer ( Shelburne Road, Technology Park, Orchards, etc.). He also identified rural areas and a " transition" area ( Country Club Estates) which is not connected to anything, so it doesn' t fit any other category. Mr. Conner said it is incumbent on the city to find a way to connect that area in the future. Enterprise areas include such places as Ethan Allen Park. Mr. Smith said he was concerned that the area north of the Airport is identified as an enterprise area instead of a planned growth area. Mr. Newton said it is disconnected with no bike/ ped. Mr. Scanlan urged the use of flexible terminology. Mr. Baker said they will look at it again. He said there are statutory definition, and he wasn' t sure the Land Use Board would approve it as a planned growth area. Mr. Smith noted that in order to utilize all of the needed density, the city would need to build services to go along with the goals; otherwise there will be sprawl. He felt the Land Use Map misses that. Mr. Conner said the map is at a higher CITY COUNCIL 5 MAY 2025 PAGE 6 level than what the City does locally. The control comes with what is done at the local level. Mr. Smith noted there are agricultural areas that fall within growth areas. With more people, there will be a need for more food security, and that will be an issue. There is a need to monitor how the city strengthens food security. Mr. Baker said the scale doesn' t allow them to show that. They definitely want to encourage urban farming. With regard to Act 250 implications, Mr. Baker reviewed the history of Act 250 and showed the exemptions and new " Tier Areas" designations. In Tier 1A, the City would take over the Act 250 function. In Tier 1 B, a new project on less than 10 acres with 50 or fewer homes could have an exemption from Act 250. He showed a map indicating potential exemption areas. Mr. Conner noted some 9- unit developments had happened so that the developers could avoid going through Act 250. He also noted the City could only be eligible for Tier 1A after a plan is adopted, and the City would have to apply separately. Tier 1B can be applied for when the CCRPC applies for approval. Mr. Conner recommended the Council ask for Tier1 B status at this meeting. He said it is a continuation of what is happening now. Tier 1A addressed rare/ endangered species for which there are federal rules. What is new is that it also addresses historic resources and blasting. There are optional agriculture mitigation rules. Mr. Baker noted there will be no appeal process after the Land Use Map and Tier approvals happen. Mr. Chalnick asked about timing. Mr. Conner said approval will be sought in 2026. With regard to housing targets, these need to be established on a state- wide basis. They assign lower and upper targets, and the RPC is responsible to allocate those. A community' s next municipal plan must include those numbers. Mr. Conner said the low target is what is already in place. The high target is a solving all issues" target and is not realistic. The CCRPC has divided the County into 4 areas. The goal is not to see a lot more housing in rural areas. South Burlington' s target is 7, 585 new housing units approximately 175 a year). CITY COUNCIL 5 MAY 2025 PAGE 7 Council members asked why Burlington' s target is lower. Mr. Conner said they have a smaller land area, and they already have twice as many homes as South Burlington. Mr. Conner said this gives the City an opportunity to focus investment. The target is a little over the City Plan. The timing is ideal as the Council has been talking abut growth management. Mr. Barritt said it is good to be aspirational, but questioned how realistic this is and how much housing could be affordable. Then there are the " trip wires" such as schools. Mr. Conner said there are gaps in various components. In the City' s existing zoning, there are opportunities to streamline the process. From a zoning perspective, the City can accommodate the numbers. Mr. Chalnick said he is on board with the Act 250 recommendation. He has a hard time with the targets as it short- circuits the Council' s work on where they want the City to be in 20 years. He asked how they can adopt targets without knowing what they mean for the city and its residents. Mr. Barker said Mr. Chalnick is not alone in that concern. He felt the Legislature is saying we need to be open for growth. He stressed that the City is not being asked to adopt the targets. There is no accountability process at this time and no consequences for meeting or not meeting the targets. The Legislature wanted an aspirational goal. Mr. Baker noted that at some time CCRPC will be asked to approve the city' s plan. Mr. Conner noted the City Plan does not expire until 2032. Mr. Smith said a lot of this work looks at what happened in the past to predict the future. He felt all indicators that what happened in the past is not a predictor of the future. Big adjustments need to be made. He felt that what is being built prevents housing. Ms. Baker said that is an interesting metaphysical affordable point, but you still need to know where we have been so we know where we veer off the path. Mr. Conner noted that 20 years ago housing wasn' t allowed near Shelburne Road. Mr. Smith then moved to approve the Resolution requesting Tier 1B status. Mr. Scanlan seconded. Motion passed unanimously. 10. Discuss and possibly approve the 2025 Policy and Statutory Committee Recruitment Process: CITY COUNCIL 5 MAY 2025 PAGE 8 Ms. Baker said 34 committee seats are up for appointment/ reappointment. Mr. Chalnick recommended not interviewing incumbents and starting with an executive session to determine which slates require interviews. Ms. Baker questioned not interviewing incumbents from an equity perspective, as well as trying to recruit new people. Members agreed to hold interviews for all candidates on June 5th from 3- 8 p. m. and June 6th from 3- 6 p. m. Ms. Baker will reach out to committees to ask for their needs. 11. Discuss and possibly approve the FY26 Policy, Priorities and Strategies process: Ms. Baker said committees will be asked for their input. In May and June, the Administrative Team will work through their recommendations. The retreat will be at the end of June. Members agreed on 27 June from 8: 30 to Noon. Mr. Chalnick moved to approve a retreat date of 27 June from 8: 30 to Noon and the process as outlined. Mr. Smith seconded. Motion passed unanimously. 12. Convene as Liquor Control Commission to consider the following applications for approval: Apple New England, LLC ( Applebee' s), 3rd Class Restaurant/ Bar License; Cupola Golf Course, Inc. ( Quarry Hill), 3rd Class Restaurant/ Bar License, Outside Consumption; Hope, LLC Barnyard), 1St Class Restaurant/ Bar License, 3' d Class Restaurant/ Bar License, Outside Consumption; Sweet G Smoke Shop, Tobacco License, Tobacco Substitute Endorsement; OB2/ Higher Ground, 1st Class Restaurant/ Bar License, 3rd Class Restaurant/ Bar License; Sugar Snap, 1st Class Commercial Catering License/ 3' d Class Commercial Kitchen; The Mill Market, 2nd Class Liquor License: Mr. Chalnick moved that the Council meet as Liquor Control Commission. Mr. Smith seconded. Motion passed unanimously. Mr. Smith moved to approve the applications as presented. Mr. Chalnick seconded. Motion passed unanimously. CITY COUNCIL 5 MAY 2025 PAGE 9 Mr. Smith moved to reconvene as City Council. Mr. Chalnick seconded. Motion passed unanimously. 13. Review the Significant Agenda Topics for the Council' s 19 May 2025 Meeting: a. Report from City Council Heating Meeting b. Social Services Funding Allocations c. CSWD FY26 Funding Presentation d. Underground utilities recommendation e. Resolution to Establish a Capital Assessment Fee for Construction Permits Issued by the Fire Department Ms. Baker read the list of items. Mr. Chalnick noted he could not be present at that meeting. 14. Other Business: No other business was brought forth. 15. Consider entering Executive Session pursuant to 1 V. S. A. Section 313( a)( 3) for the purpose of evaluating a public employee, and specifically the City Manager: Mr. Scanlan moved the Council enter into executive session for the purpose of discussing the evaluation of a City Employee, specifically the City Manager, inviting into the session Ms. Baker and Chief Locke. Mr. Smith seconded. Motion passed unanimously. The Council entered executive session at 10: 32 p. m. Following the Executive Session, as there was no further business to come before the Council Mr. Smith moved to adjourn. Ms. Fitzgerald seconded. Motion passed unanimously. The meeting was adjourned at 11: 01 p. m. 2-ZZA.(X Clerk CITY COUNCIL 5 MAY 2025 PAGE 10