City Council

southburlington VERMONT CITY COUNCIL 2 JUNE 2025 The South Burlington City Council held a regular meeting on Monday, 2 June 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; J. Pellerin, Deputy City Attorney; B. Miguez, Climate Action Manager; Acting Chief, S. Briscoe, Sgt. G. Short, Police Department; Deputy Chief C. Corbin, Fire Department; J. Christman, Incoming Fire Marshall; B. Sirvis, G. Silverstein, S. Dooley, T. 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. Silverstein urged the Council to be careful about creating new fees in the community as there are a lot of built- in costs people are dealing with, and it will get worse. He also noted that a lot of greenhouse gases the city is dealing with do not come from Vermont. He said a lot of what comes from China ultimately arises from coal- fired power plants. PAGE 1 Dr. Childs expressed concern with the lack of funding from the social services allocation for the program she oversees. She noted that " million- dollar organizations" got funding, and they do not serve Vermonters as her program does. She noted that last summer her program fed 300 students during the summer. She said the City is cheating these marginalized youth. 5. Councilors' Announcements and Reports from Committee Assignments and City Manager' s Report: Council members reported on recent meetings and events they had attended. Ms. Baker: Staff is working to develop policies and strategies for presentation at the Council' s retreat. The City is on track with the Police Chief interview process. The next phase of Dorset St. paving will be done during the school break beginning 23 June. It should be completed before the re- opening of schools, weather dependent. There is a new page on the City' s website for summer construction updates. 6. Consent Agenda: a. Consider and Sign Disbursements b. Receive and accept the correction FY2024 TIF District Annual Report Mr. Chalnick moved to approve the Consent Agenda as presented. Mr. Scanlan seconded. Motion passed unanimously. 7. Introduce South Burlington Police Department' s Community Services Sergeant, Greg Sort: Acting Chief Briscoe introduced the City' s new Community Services Sergeant who will provide leadership for the youth services officers, traffic safety, recruitment, and partner relationships in the community. Sergeant Short reviewed his career and said that coming to South Burlington was the best decision he made. He said his unit will be forward facing and will reach out to the community. Officer Williams will continue in her position as School Resources Officer, and over the years, there will be added members to the unit. CITY COUNCIL 2 JUNE 2025 PAGE 2 Mr. Barritt asked what kind of activities are anticipated. Sgt. Short said they will work with the Recreation Department, and officers will be able to take advantage of overtime postings to participate in events in ways they never have before. They will spend more time in the schools and service other areas of the city. They particularly want to make connections in City Center. There are regular foot patrols, and there will be more engagement as more businesses open and more people move into the area. They will also oversee the Parks Patrol interns. Ms. Baker noted an officer graduated from the Academy last Friday, and 4 more will be attending the Academy this summer ( several of whom were on the bike patrol in previous years). 8. Second reading and Public Hearing on an update to the Heating and Service Water Heating Ordinance: Ms. Miguez reviewed the history. She noted the update relates to new construction, and the aim is to reduce carbon emissions by having renewable primary heating systems and renewable service water heating systems. Staff' s recommendation is to extend the allowable exemptions for 2 years for multi- unit residential buildings, mixed use buildings, and commercial buildings that are heavy water users. There is also a recommendation to engage a consultant. Mr. Scanlan moved to open the public hearing. Mr. Chalnick 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. 9. Possible Action on an update to the Heating and Service Water Heating Ordinance: Mr. Chlanick moved to approve the updates to the Heating and Service Water Heating Ordinance as presented. Ms. Fitzgerald seconded. Motion passed unanimously. 10. Hold a First Reading of a Fire Prevention and Protection Ordinance and possibly set a Public Hearing for 7 July 2025 at 7: 00 p. m.: Deputy Chief Corbin reviewed history. He noted that the jurisdiction for the the Ordinance is " public buildings" which includes any building except single family CITY COUNCIL 2 JUNE 2025 PAGE 3 homes. He also noted that the State adopts the codes, and the local communities enforce them. This Ordinance will bring the City up to current practices and prepare for the future. Deputy Chief Corbin said that typically the Fire Department inspects new or renovated buildings or buildings about which complaints or concerns have been expressed. The key changes to the Ordinance include adding jurisdiction for single- family homes all new construction, renovations, and additions greater than $ 5, 000. It also updates the requirements for fire alarm systems, formalizing the current code and AHJ requirements, and updates requirements for key lock boxes. Sprinkler systems will also be required for any building further than 150 feet from a public right- of-way. The Ordinance also enforces EV charging and storage systems. These must be built to code in any new building. Existing single-family homes are exempt from most requirements. Chief Locke said they will be talking to developers regarding requirements if the intent is to have an EV charging system in garages. With an attached garage, there is already a need for dual separation from the main house. A sprinkler head does not need to be in the garage. Mr. Barritt asked if the code allows for wireless systems. Deputy Chief Corbin said it does, and that language is in the update. Mr. Barritt then asked what defines Deputy Chief Corbin said it is any a" public way." place the Fire Department can easily get in and get out of. Mr. Chalnick asked if they are mandating a time of sale inspection. Chief Burke said that has always been the case. He added that although this does not apply to single family homes, that can be added to the code. Mr. Chalnick noted that it can be expensive. Ms. Fitzgerald said $ 5, 000 seems a very low bar. She also noted there have been several single family home fires that would have been prevented with an inspection. Deputy Chief Corbin said that is true, and there was significant damage to homes that would not have happened. Mr. Smith moved to set a public hearing on the Fire Protection and Prevention Ordinance for 7 July 2025 at 7: 00 p. m. Mr. Scanlan seconded. Motion passed unanimously. CITY COUNCIL 2 JUNE 2025 PAGE 4  11. Hold a First Reading of an Electrical Installations Ordinance and possibly set a Public Hearing for 7 July 2025 at 7: 00 p. m.: Mr. Christman explained that this Ordinance has the same jurisdiction as the Fire Ordinance, and the City has the authority to enforce the code. Electrical inspectors must be Master Electricians with a license. Mr. Christman also noted that like the Fire Ordinance, this Ordinance will not increase current staff. The Ordinance adds jurisdiction for single- family homes - all new construction, renovations, additions. There are owner- occupied licensing exemptions except for work on an electrical panel which will require an inspection. Inspection is also recommended for replacement of fixtures, outlets or switches, but this is not required. Mr. Chalnick noted the amount of time it can take to have an inspector come. He also questioned whether they will work on a system that someone else has installed. Mr. Chalnick then moved to set a public hearing on the Electrical Installations Ordinance for 7 July 2025 at 7: 00 p. m. Mr. Smith seconded. Motion passed unanimously. 12. Consider approving Resolution # 2025- 10 to establish a Capital Assessment Fee for permits and registrations issued by the Fire Department and place the funds in a restricted account to be used for the purposes as outlined: Chief Locke reviewed history. He noted that the City has been using a temporary the trailer which is not conducive to a good work environment. This is a way to build an extension to the Fire Station and have the people who use the services fund that extension. The fee would sunset when the addition is paid for. There is also an option for the City Council to provide funds for this and have the fee sunset sooner. 1/ The proposed fee would be 2% of the construction cost with a cap at a$ 4, 000, 000 project ($ 20, 000 fee). There would also be a 5% fee on rental registry units and a 5% fee for permits ( about $ 8. 50 per permit). It is anticipated the fees would pay for the addition in 10 years. Mr. Barritt asked how realistic the $ 1, 900, 000 cost for the addition is. Chief Locke said the addition will be 2 stories, and they have estimated high. It will have full plumbing. CITY COUNCIL 2 JUNE 2025 PAGE 5 Mr. Chalnick asked if other communities do this. Chief Locke said Burlington charges fees that are different from others in the State. He didn' t know if anyone else is using this model. Mr. Chalnick suggested possibly spreading the burden out and raising the cap on larger projects. Chief Locke noted that not that many projects are coming in. Ms. Fitzgerald appreciated the creative model but felt this is an additional hurdle for affordable housing. She said it should be made clear this will sunset when the building is paid for. She also wanted to get public input on this. Mr. Scanlan favored raising the cap to no more than $ 30, 000, as he did not want to disincentivize large companies, which are an important future source of property tax revenues. Chief Locke said that it could be part of the motion and help pay off the building sooner. Ms. Baker said that would put a larger bill on multi- family housing which the city is trying to incentivize. Chief Locke felt developers would favor raising the cap to $ 30, 000 or $ 40, 000. He suggested exempting projects of less than $ 750, 000 and raising the cap to $ 40, 000. Members were more comfortable with that. Ms. Baker explained timing concerns. She said that with " head nod approval" staff can move forward and bring back another proposal in the future. 13. Hold a First Reading of an update to the Utility Service Line Ordinance and possibly set a Public Hearing for 21 July 2025 at 7: 00 p. m.: Ms. Miguez said the subject came up because of residents' concerns. The amendment would clarify that if you are replacing a connection and you can do this aerially because there is a pole on the street, you would be exempt from undergrounding. She noted that residents are already upgrading electrical service, which is a goal of the city. Ms. Miguez then showed a grid of electrification process in the City. She noted there are now 978 electric She also showed a picture of the relationship of homes vehicles. to polls on the street and underground connections. She noted an underground connection could cost from $ 10, 000 to $ 20, 000 while an aerial fee of $2, 000 is waived by GMP. Ms. Miguez also noted that 35% of residential parcels have an overhead transformer on the street. GMP is not concerned with having more residential aerial connections. Staff' s recommendation is to amend the Ordinance to allow aerial connections if there is a pole on the street. CITY COUNCIL 2 JUNE 2025 PAGE 6 Ms. Fitzgerald moved to warn a Public Hearing for 7 July 2025 at 7 p. m. on an update to the Utility Service Line Ordinance. Mr. Smith seconded. Motion passed unanimously. 14. Convene as Liquor Control Commission to consider the following applications for approval: Charlie' s On Fire, LLC, 1St Class Restaurant/ Bar License; Club 35, 1St/ 3rd Class Club License; Champlain Farms, 2" d Class Liquor License/ Tobacco/ Tobacco and Tobacco Substitute; Farmers and Foragers, LLC, 1St Class Liquor License; Waffle Chalet, 1st Class Liquor License: Mr. Chalnick moved that the Council convene as Liquor Control Commission. Mr. Smith seconded. Motion passed unanimously. Mr. Smith moved to approve the applications for licensing as presented. Mr. Chalnick seconded. Motion passed unanimously. Mr. Smith moved to reconvene as City Council. Mr. Chalnick seconded. Motion passed unanimously. 15. Review the significant Agenda topics for the Council' s 10 July 2025 Council Meeting: a. Introduction of Deputy Finance Director Rich Donahey b. Welcome public comment on the FY26 Policy Priorities & Strategies c. Approve a multi- year Contract for Drinking Water System Management Services Between Champlain Water District and the City of South Burlington d. Appoint Committee members e. E. Appoint Council Liaisons to committees 16. Other Business: Mr. Bailey noted the 2 open spots on the Economic Development Committee and said there are 2 excellent applicants, one of whom cannot be present for the interviews. He asked that this applicant not be cut off from appointment. 17. Consider entering an executive session, pursuant to 1 V.S. A. Section 313( a)( 3), for the purpose of discussing appointments to all municipal committees: CITY COUNCIL 2 JUNE 2025 PAGE 7 and 18. Consider entering an executive session, pursuant to 1 V. S. A. Section 313( a)( 3), for the purpose of discussing the appointment of a public officer: Mr. Scanlan moved that the City Council enter into executive session, pursuant to 1 V. S. A. Section 313( a)( 3), for the purpose of discussing the appointment of a public officer and specifically appointments to municipal committees and the Council vacancy, and inviting Ms. Baker and Chief Locke into the session. Mr. Smith seconded. The motion passed unanimously, and the Council entered executive session at 9: 20 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 10: 17 p. m. Clerk CITY COUNCIL 2 JUNE 2025 PAGE 8