City Council

southburlington VERMONT CITY COUNCIL 19 MAY 2025 The South Burlington City Council held a regular meeting on Monday, 19 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, M. Scanlan ALSO PRESENT: J. Baker, City Manager; Chief S. Locke, Deputy City Manager; J. Pellerin, Deputy City Attorney; M. Machar, Finance Officer; T. DiPietro, Public Works Director; A. Matth, Recreation Director; S. Kershner, Project Manager of Transportation/ Open Space; S. Reeves, CSWD; A. Lalonde, P. Taylor, D. Kinville, P. Stabler, K. Bailey, K. Donahue, A. Lazare 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. Donahue expressed with building inspection program. A concern the required enclosing of a stairwell was missed when his daughter bought her condo. Had it been noted, the previous owner would have been responsible for getting that work done. Now that his daughter has sold the condo, another inspection caught the oversight, and Mr. Donahue' s daughter is being required to PAGE 1 pay for that work.Since this was an oversight on the part of the Deputy Fire Marshall who did the original inspection, Mr. Donahue said he feels the City should bear the cost of this work which is over $ 700. Ms. Kinville invited Council members to participate in a clean- up of Eldridge Cemetery on 12 July from 9 a. m. to Noon. 5. Councilors' Announcements and Reports on Committee Assignments and City Manager' s Report: Council members reported on recent meetings and events they had attended and participated in. Mr. Scanlan announced that he will be stepping down from the Council in mid- July as his wife' s career is taking them to Virginia. He thanked the voters for the unique opportunity to serve on the Council. He said the City has an amazing City Manager and staff to whom he expressed gratitude for their support and advice during challenging times. He also thanked his fellow Councilors, particularly for the civil discourse, even when they do not all agree. He hoped for a smooth transition and hoped the Council would select a replacement who reflects his views so that those who voted for him would still have a voice on the Council. Finally, he urged residents to vote, as it helps guide the Council through civil discourse to make decisions that maximize the greatest good of the community. Ms. Baker: Ms. Miguez will be holding a meeting to begin work on a weatherization project. Work on the Airport recreation path will begin next summer. The Mary Street sidewalk project will soon be starting. There is a construction page on the new City website, and construction projects are highlighted in the City News. A Memorial Day ceremony will be held at Veterans' Park, on Friday May 23, 2025. 6. Consent Agenda: a. Consider and Sign Disbursements b. Review and accept the FY25 Q3 Financial Statements CITY COUNCIL 19 MAY 2025 PAGE 2  c. Award the Construction Contract for the City Center Park Phase II Boardwalk and Shared Use Path to Engineer' s Construction, Inc., and the inspection contract to Greenman Pedersen, Inc. d. Approve the Use of Water Fund Balance to increase the FY25 Automated Meter Reading and Aging Meter Replacement e. Designate SP& F Attorneys, P. C., to conduct the City' s tax sale process f. Appoint Paul Conner, Representative, and Kelsey Peterson, Alternate, to the Chittenden County Regional Planning Commission' s Planning Advisory Committee Ms. Fitzgerald asked to remove items " c" and " d" from the Consent agenda. Mr. Smith moved to approve Consent Agenda items " a," " b," " e" and " f." Mr. Scanlan seconded. Motion passed 4- 0. Mr. DiPietro advised that the amount in item " d" doubles the budgeted amount. Staff has been told that the meter costs will go up on 1 June. This is not related to the Queen City Park meter situation. Mr. DiPietro also noted that homeowners buy the initial meters, and the city replaces them when needed. Ms. Baker advised that the Boardwalk bid was higher than the budgeted amount. After discussion, it was decided that the project was ready to go and will provide a safe way to get children to school. This is the lowest cost of the 4 TIF projects. Staff have looked to shift costs among the 3 remaining projects and remaining funding streams. Ms. Fitzgerald said the city is fortunate to have received funding when other communities haven' t. Mr. Scanlan questioned whether staff see these issues going forward and whether the will help. new software Ms. Baker said the software will help and is taking interest rates into account. There are plans for projects that don' t come in on budget, including additional grants. Ms. Baker also noted the bike- ped bridge is out to bid ( a 600- page bid package). With regard to tax sales, Ms. Baker noted there are 10 accounts with tax issues. Since she joined the city there have been no tax sales as accounts have always been settled. CITY COUNCIL 19 MAY 2025 PAGE 3 Mr. Smith then moved to approve Consent Agenda items " c" and " c" as presented. Ms. Fitzgerald seconded. Motion passed 4- 0. 7. Receive a report from the Charter Committee on discussions around all legal resident voting: Ms. Lalonde, Chair of the City Charter Committee, introduced other Committee members. She then reviewed the highlights of the Committee' s report. Data suggests there are 1000 City residents who are foreign born, non- citizens. The goals of the City Plan include inclusivity, and the City is signature to the Declaration of Inclusivity." The Committee looked at the 3 Vermont cities that have adopted a Charter change to allow non- citizen residents to vote in local elections. Representatives of those cities provided voter numbers, explained checklists, outreach, additional costs, etc. There have been challenges in the Courts as to whether non- citizens should vote in school- related local issues, claiming these are State- related. One such challenge is now in the Vermont Supreme Court. The Vermont House passed the " SAVE Act" regarding federal elections. That bill is not yet in the State Senate. The Governor vetoed the original Charter changes, but the veto was overridden by the State Legislature. The Governor wanted the changes to be State- wide and not on a community- by- community basis. Committee members were concerned that this might not be a good time to proceed with a Charter change due to the national climate. A vote not to proceed passed 4- 3. Mr. Coleman said his concern was that they might be exposing people, and he felt a delay would be for humanitarian reasons. Ms. Lalonde said it was her feeling that South Burlington residents should make the decision whether or not to have a voice. Mr. Barritt questioned whether there would be enough votes to override another veto by the Governor. Ms. Lalonde did not know. Mr. Barritt also questioned whether non- citizens should be given warning that they could be at risk. Mr. Smith said he is in line with the delay until issues are clearer. CITY COUNCIL 19 MAY 2025 PAGE 4 Ms. Fitzgerald, the Council' s representative to the Committee, said she could make a case either way. She is also watching what is going on regarding regionalization of school districts, which could eliminate local voting on school budgets. She is inclined to agree with pausing the issue and putting it back on the agenda when more appropriate. Mr. Scanlan said he strongly supports allowing legal residents who pay taxes to vote. At the same time, he also felt it was disingenuous to put something out there that might not succeed. He favored a delay until issues ( including the Supreme Court and the Governor' s position) are clearer. Ms. Bailey said she was in the minority on the Committee' s vote and felt they should have done more education and outreach so people have all the facts. She noted that the City Clerk is seeking funding for multilingual services. She also noted that there is an open seat on the Committee and recommended appointing someone with experience in immigration issues. Mr. Barritt felt the City should move forward as there is a moral obligation to allow people to vote. He agreed there is a long road ahead. Mr. Smith suggested the Council take it up again next year and in the meantime have the Committee work on getting answers to outstanding questions/ issues. Mr. Scanlan agreed with Mr. Smith. He also agreed with continued efforts to address language issues. Ms. Fitzgerald said she is also leaning in that direction. Mr. Barritt asked how much work it would be for the legal department to come up with ballot language, with and without the inclusion of the school budget vote. Mr. Pellerin said they could work with the Committee to do that. The amount of time would depend on consensus. Ms. Baker said the issue isn' t drafting language. Mr. Barritt said he would like the language to be available if the Council chooses to do this. Ms. Lalonde said the Committee can continue to seek out individuals who will speak with them and can also return to the Council once a Supreme Court decision is made. Ms. Fitzgerald suggested having the Committee come back to the Council with what they feel are the next steps to move this forward. Ms. Lalonde said she wasn' t sure more information would change the minds of those who voted " no." Their issue was timing. CITY COUNCIL 19 MAY 2025 PAGE 5 Council members agreed to the pause and to have the Committee continue to meet and work at getting additional information, specifically whether levels of concern can be reduced. 8. Receive a briefing on field maintenance at Veteran' s Park and provide feedback on pursuing either a grass or synthetic turf: Ms. Kershner gave members samples of proposed materials and explained how the synthetic turf system works. She stressed that the purpose of using the synthetic materials is to enhance recreation opportunities. Mr. Matth reviewed the history, noting the consistently wet, muddy fields ( he showed photos) requiring closure when there are rain events. The soils are also the poorest quality there could be ( Group D). Since 2018, there have been 82 days when at least one field was closed. This represents $ 29, 000 in lost revenue and affects recreation programming. The Covington Silty Clay soil has a very slow infiltration rate and high water table with a high runoff rate. There are areas where water stagnates. Ms. Kershner said all the fields will have to be rebuilt, so this is a good time to consider artificial soil. There is currently $ 275, 000 in recreation impact fees and 25, 000 from CIP reserve funds and $ 250, 000 from general funds. The total for a field at Veteran' s Park would be $ 385, 000. Mr. Matth said the artificial field would expand usage, all the City to begin recreation programming a month earlier and use the fields every day of the year. It would also increase access for youth and adult leagues. There are some fund- raiser walks which will be coming to South Burlington because groups don' t want to use Burlington any more. The product that is being recommended is PFAS free. Staff is recommending going with Astroturf from Brock Infill. Research has said that this company is good to work with, though there is a higher capital cost. Mr. Matth then showed a case study from Somerville, Mass. which is using the Brock product. The field has stood up well since 2019 and has a high playability rating and safety rating. It isn' t as " bouncy" as other products. One negative is that it absorbs water and freezes in low temperatures, but that doesn' t preclude playing on it, and it is still safer than what is there now. CITY COUNCIL 19 MAY 2025 PAGE 6 Materials and installation would cost $ 334, 750. The sub- base would be $ 116, 000 for labor, and engineering would be $ 44, 000. To go with natural grass with drainage improvements would cost between $ 175, 000 and $ 225, 000. There would also be long- term mowing/ maintenance costs with grass ( 120- 180 minutes per week), 120 gallons of gas for mowing, and the lost rental when fields are not usable. To cover some of the costs, field rental rates would be increased to $ 100. 00 an hour for practice and $ 125. 00 per hour for a game. The estimate is that the synthetic turf would pay for itself in 12- 13 years. The Brock product is certified for 16 years. Mr. Barritt asked how long after installation would they have to wait before using a field. Ms. Kershner said until the next growing season. Ms. Kershner showed which field they would be using ( north of the parking lot). Mr. Smith asked about drainage. Ms. Kershner said they would use underdrains which would go to swales and the underground system. Ms. Kershner stressed that this is the obvious first choice. Mr. Scanlan said he supports the request, especially since it creates more public use opportunities, allowing for affordable recreation programs, and, in time, will pay for itself. It also addresses climate concerns. Mr. Smith said he would probably vote for it but using plastics gives him " a knot in his stomach." He understands the payoff and the fact that it uses less gas. Ms. Fitzgerald agreed with Mr. Smith. She was impressed with the existing loss of field use time. She asked where drainage would go over time. Mr. DiPietro said drainage goes behind the ice rink. He was confident that the field can be properly drained. Mr. Smith then moved to support the pursuit of synthetic turf at Veteran' s Park as presented. Mr. Scanlan seconded. The motion passed 4- 0. 9. Appoint a Board Representative and Alternate to the Chittenden Solid Waste District Board of Directors: Mr. Stabler, the City' s representative to CSWD, said they have the best staff around and are one of the best counties in the U. S. with how much is diverted CITY COUNCIL 19 MAY 2025 PAGE 7 from the trash stream. He indicated his desire to continue serving in this capacity. Ms. Lazare, the alternate representative, agreed. Mr. Smith moved to reappoint Mr. Stabler and Ms. Lazare as representatives to CSWD. Mr. Scanlan seconded. Motion passed 4- 0. 10. Receive a presentation on the FY 26 Chittenden Solid Waste District Budget and consider approving the budget as presented: Ms. Reeves reviewed the history of CSWD, stressing that they receive no funding from property tax revenues and are self- supporting. The District generates 306, 814 tons of trash of which 183, 320 tons is recycled. The proposed FY26 revenue is $ 16, 249, 150. With expenses just under that at 15, 964, 814. Some fees will be increased including going from $ 3. 00 for a small bag of trash to 4. 00, increasing the cost for mattresses, increasing the management fee ( charged to haulers) from $ 30. 00 a ton to $ 40. 00 a ton. Fees support the facilities and activities. There is a $ 4, 000, 000 funding gap for the new MRF capital project due to loss of the original site which is no longer buildable. The intent was not to go into a long- term debt situation which is why fees have been increased. The estimate is that the fee increase will cost the average household $ 1. 00 more a month for trash removal. Every dollar of the increased fees will go to the MRF project which will close the funding gap in 2 years. They are currently in the permitting stage for the new site. The hope is to break ground in September. Mr. Barritt asked about capacity at Coventry. Ms. Reeves said that at most they have 20- 23 more years at that site. The new MRF will process 75, 000 tons which will pull more out of the waste stream. Mr. Smith asked what percentage of the waste stream is packaging. Ms. Reeves estimated 70- 80%. Food scraps are 19%, and much more is possible to reduce that number. Mr. Smith then moved to approve the proposed CSWD budget as presented. Ms. Fitzgerald seconded. Motion passed 4- 0. 11. Discuss Social Services Funding allocations and consider approving: CITY COUNCIL 19 MAY 2025 PAGE 8 Ms. Machar reviewed the history and noted that staff was charged with coming up with a process which the City Council has approved. Applications were sent out, and 25 were received for a total request of $ 96, 000. The budget amount is 25, 000. Staff then did the math, and has presented a recommendation for each request. Mr. Barritt noted the new method results in decreasing funds to organizations the City has supported for many years. He was not sure he would support doing that and questioned whether the Council " bit off more than we could chew." Mr. Scanlan questioned whether the amount to each organization would be enough to make a significant enough impact to that organization. More money to fewer organizations would allow for more impact. Mr. Smith suggested level funding what was done last year and then dividing the rest applicant. among other Ms. Machar said level funding to last year' s recipients would use up all the money. Ms. Fitzgerald favored going with staff' s recommendation for this year and then coming up with a plan to give more to fewer organizations. Mr. Scanlan agreed. Mr. Barritt did not want to see the drop in funding to groups the City has supported in the past. He felt they should focus on who does the most for city residents. Ms. Baker said funds need to be allocated by 16 June. Mr. Barritt and Ms. Fitzgerald proposed meeting come up with a plan to present at the next Council meeting. Mr. Smith moved to approve the staff recommendation as presented. Ms. Fitzgerald seconded. Motion passed 3- 1 with Mr. Barritt opposing. Mr. Smith said they can come up with a more thoughtful process for next year. 12. Discuss a process to appoint a City Councilor: Ms. Baker said the City Charter allows the Council to appoint a Councilor to fill a vacancy until the next Town meeting ( March 2026). The process to make an appointment is very broad. CITY COUNCIL 19 MAY 2025 PAGE 9 Mr. Barritt suggested collecting names and discussing them in executive session and making an appointment in open session. He noted the Council is doing a lot of interviews in June. Mr. Smith said he was not concerned with a flood of applicants. Ms. Baker noted the last time this occurred, there were 10 applicants, and the decision of the Council was to appoint some just to fill the terms, someone not interested in running for a full term. Members agreed to discuss this again at the June 2nd Council meeting. 13. Convene as South Burlington Liquor Control Commission to consider the following applications for approval: Always Full Asian Market, LLC, 2nd Class Liquor License; Klinger' s Bread Company, 2nd Class Liquor License; Target Corporation, 2nd Class Liquor License; Price Chopper Operating Company of Vermont, 2nd Class Liquor License: Mr. Scanlan moved that the Council convene as Liquor Control Commission. Ms. Fitzgerald seconded. Motion passed 4- 0. Mr. Smith moved to approve the applications for licensing as presented. Ms. Fitzgerald seconded. Motion passed 4- 0. Mr. Scanlan moved to reconvene as City Council. Ms. Fitzgerald seconded. Motion passed unanimously. 14. Review significant agenda topics for the Council' s June 2, 2025 Council Meeting: Ms. Baker provided the following topics: a. Introduce SBPD Community Service Sergeant Greg Short b. Second Reading and Public Hearing on an update to the Heating and Service Water Heating Ordinance c. Possible action on an update to the Heating and Service Water Heating Ordinance d. Hold a first Reading of a Fire Prevention and Protection Ordinance and possibly set a Public hearing of July 7, 2025, 7 p. m. CITY COUNCIL 19 MAY 2025 PAGE 10  e. Hold a First Reading of an Electrical Installations Ordinance and possibly set a Public Hearing for July 7, 2025, 7 p. m. f. Resolution to establish a Capital Assessment Fee for permits and registrations issued by the Fire Department g. Receive an underground utilities recommendation h. Executive Session on Committee applicants 15. Other Business: Mr. Scanlan suggested indicating what page a document starts on in the agenda package. Mr. Barritt said you can go to the agenda page on the website. 16. Consider entering executive session to discuss contract negotiations and receive confidential attorney- client communications related to said contracts pursuant to 1 V. S. A. 313( 1)( A) and ( F): Mr. Scanlan moved to find that the premature general public knowledge of the City negotiation strategy in contract negotiations would clearly place the City at a substantial disadvantage. Mr. Smith seconded. Motion passed 4- 0. Mr. Scanlan then moved that based on that finding the City Council enter into executive session to discuss contract negotiations and receive confidential attorney- client communications related to said contracts, pursuant to 1 V. S. A. 313( 1)( A) and ( F), inviting into the session Ms. Baker, Chief Locke, Mr. DiPietro, and Mr. Pellerin. Mr. Smith seconded. The motion passed 4- 0. The Council entered executive session at 9: 55 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 4- 0. The meeting was adjourned at 10: 18 p. m. r2_Ulu- t_(. Clerk CITY COUNCIL 19 MAY 2025 PAGE 11