City Council

trx southburlington VERMONT MINUTES CITY COUNCIL 2 SEPTEMBER 2025 The South Burlington City Council held a regular meeting on Tuesday, 2 September 2025, at 6: 30 p. m., in the Auditorium, 180 Market Street, and by. MEMBERS PRESENT: T. Barritt, Chair; E. Fitzgerald, L. Smith, A. Chalnick, A. Pugh ALSO PRESENT: J. Baker, City Manager; Chief S. Locke, Deputy City Manager; J. Pellerin, Deputy City Attorney; M. Machar, Finance Director; B. Sirvis, A. Rooks, J. Leas, J. Nagursky, J. Bloom, S. Bloom, S. Dooley, A. Hannaford, C. Griffin, R. Goddard, L. Yankowski, C. Rainville, J. Kennedy, N. Senecal, A Farrington, R. Godard, H. Hershberg, R. Thorngren, P. Mittel, B. Zigmund, T. Poon 1. Pledge of Allegiance: The Pledge of Allegiance was recited. 2. Instructions on exiting the building in case of emergency and review of technology options: 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: Ms. Sirvis asked for a status update on water usage billing. Mr. Barritt said there is a new Water Ordinance that allows for the ability to address that. PAGE 1 Ms. Sirvis also reported she had experienced 2 more dangerous incidents on the mixed use path with young people on motorized scooters. 5. Councilors Reports on Committee Assignments and City Manager' s Report: Council members reported on recent meetings and events they had attended. Ms. Baker: CCRPC received a grant of $ 350, 000 for 3- year work on economic mobility. More information will be provided. There are more than 200 registered participants in the " Fly- by 5K" to take place on the runway. Garden Street will be open this week but will be closed temporarily next week for the laying of water pipes. Construction on the City Center Park boardwalk begins next week. 6. Consent Agenda: a. Consider and Sign Disbursements b. Approve the Collective Bargaining Agreement between the City and AFSCME as presented. c. Allocate up to $ 7500 of the Energy Project Reserve Fund' s fund balance in fiscal 2026 to enter into an agreement with Dubois & King, Inc., to conduct an energy feasibility study at the Airport Parkway Wastewater Treatment facility d. Award of the Brewer Parkway Water Line Replacement Project Construction, approve amending the existing contract with A& E Engineering to cover construction phase services, and authorize Matt Guerino, South Burlington Water Department Superintendent, to sign all paperwork e. Approve the FY26 Policy Priorities & Strategies Workplan of the Bicycle and Pedestrian Committee f. Approve the FY26 Policy Priorities & Strategies Planning Commission Workplan Ms. Pugh asked about the $ 30, 000 in school impact fees. Ms. Baker explained that these were the impact fees collected and remitted to the School for the ZEMS construction. CITY COUNCIL 2 SEPTEMBER 2025 PAGE 2 Ms. Fitzgerald asked to pull Item 6f. Mr. Chalnick then moved to approve the Consent Agenda minus Item 6f. Mr. Smith seconded. Motion passed unanimously. Ms. Fitzgerald said that when the Council moved to have the Planning Commission move forward regarding bedrock removal/ performance standards, the Council was not aware there was a trade- off for work at the Airport area and Shelburne Road planning. She asked if there should be a give and take when the Council makes a request such as this. Mr. Conner said the bedrock removal initiative was from the Planning Commission who wanted to spend more time on it. For other items, it is a work in progress. The Commission wants to work with the Council in an expedient way. The Council could have the Commission evaluate a Council request and come back to the Council. Ms. Fitzgerald asked about the impact on the Airport and Shelburne Road projects. Mr. Conner said Shelburne Road was to have been done with a grant that the City was not successful in obtaining. Delaying that project does not have a material effect. The Airport project is a neighborhood study. It will possibly start in May instead of January. Mr. Chalnick then moved to approve item # 6f. Mr. Smith seconded. Motion passed unanimously. NOTE: Items on the remainder of the Agenda were heard out of Agenda order but will be recorded here in their numerical order. 7. Second Reading and Public Hearing on Draft Amendments to the Land Development Regulations# LDR25- 01 to LDR25- 07 and Official Map # OM25- 01. This series of proposed changes to the City' s Land Development Regulations ( zoning and subdivision), approved by the Planning Commission, includes updates to the regulations in the City Center area to streamline the review process, allow more flexibility in design, increase allowed heights and plans for future public infrastructure, consolidating " use" categories in commercial areas of the City, setting requirements for bedrock removal & on- site processing, and technical improvements throughout: CITY COUNCIL 2 SEPTEMBER 2025 PAGE 3  Mr. Chalnick moved to open the public hearing. Ms. Fitzgerald seconded. Motion passed unanimously. Public comment was then received as follows: Mr. Leas: He felt the amendments to noise would not protect the public as they allow jack- hammering, top hammer drilling and blasting all day long an anywhere in the city, even near schools, rec paths, etc. The developer needs only to submit a plan. There is no standard in the amendment, and the DRB cannot prohibit any of the aforementioned activities. This puts children and adults at risk. Mr. Leas added that developers know how to develop without causing harm. There are regulations that were adopted by the State Supreme Court. He asked that the Council direct the Planning Commission to return with updated standards. Ms. Goddard: Has had to listen to construction noise all day long for months. Agreed with Mr. Leas. She felt that safety is a major issue. Mr. Bloom: The noise from the water tower construction is detrimental to his family Ms. Nagursky:Felt the Planning Commission should be directed to strengthen amendments to include decibels and duration near homes another human uses. Dr. Zigmund: The issue dates back years, and people have had to live with it for months day from 8 a. m. to 5 p. m. People are pleading for at a time, every decibel levels. She asked the Council not to sign off on this watered- down version. Ms. Rooks: If you need to cover your ears, it' s loud enough to cause damage. Stressed she is pro- development, but basements are not needed. Ms. Dooley: Did not support the other speakers. The city needs more industrial and commercial development. She was concerned that what people are asking for will be a major barrier to the city' s need. She also didn' t know how decibels could be monitored. Ms. Hannaford: It isn' t necessary to have basements in homes, which is what causes the drilling and blasting. That wouldn' t stop development. There are ways to measure noise. OSHA does it. CITY COUNCIL 2 SEPTEMBER 2025 PAGE 4  Ms. Griffin: A single gas- powered leaf blower would be over the decibel level. Would that be included in a decibel limit? As there was no further public comment, Mr. Chalnick moved to close the public hearing. Ms. Fitzgerald seconded. The motion passed unanimously. 8. Possible Action on LDR- 25- 01 to LDR- 25- 07 and OM- 25- 01: Mr. Chalnick said he shares the public' frustration. s He noted the Commission had a robust discussion regarding decibel limits. He said the amendments strengthen the existing ordinance, explicitly limiting bedrock removal hours to 40 hours on any project unless a plan is submitted to the DRB. This is on the Planning Commission' s workplan for more study/ discussion. Mr. Smith said the City can' t outlaw drilling or blasting or they would be sued. There needs to be a balance. He agreed there could be no basements allowed where there is ledge. Mr. Conner said these regulations establish a standard for bedrock. The Planning Commission wants to look at how to strengthen this. Mr. Conner also noted that the DRB has the authority to invoke an independent technical review of a project at the developer' s expense. Their decisions are all appealable. Mr. Smith expressed concern that the DRB could approve bedrock removal for 8 hours a day for a long period of time. He wants it made clear that the Council' s intent is to protect the health and safety of the public. Mr. Chalnick said the Noise Ordinance prohibits " unreasonable noise." Mr. Conner noted that the Court would consider that the DRB had approved a plan. Mr. Pellerin said the City could find itself in a " balancing act" with a project that has been approved. Both Ms. Pugh and Ms. Fitzgerald felt this is progress in the right direction. Ms. Fitzgerald said there are issues with qualitative and quantitative regulations. She supported the amendments and urged people to present better ideas to the Planning Commission. Mr. Barritt agreed. CITY COUNCIL 2 SEPTEMBER 2025 PAGE 5  Mr. Leas asked the Council to amend the proposed amendments to add a line saying that: general prohibitions in the Noise Ordinance apply." He added that if it isn' t in writing, it won' t hold up in Court. Mr. Smith agreed. Mr. Chalnick also noted the amendments allow additional heights up to 14 stories. He suggested requiring TDRs to get the added heights. There are several hundred outstanding TDRs, and people are concerned that they can' t sell them. He stressed the need for the Planning Commission to provide additional uses for TDRs. Mr. Smith supported that. Ms. Fitzgerald was concerned this could add another roadblock to building housing. Mr. Chalnick moved to direct the Planning Commission to further consider use of TDRs for additional heights. Mr. Smith seconded. Motion passed 4- 1 with Ms. Fitzgerald opposing. Mr. Chalnick then moved adopt LDR amendments LDR- 25- 01 through LDR- 25- 07 and Official Map amendments OF- 25- 01 Mr. Smith seconded. as presented. Motion passed unanimously. 9. Hold a second reading and public hearing on an update to the Nuisance Ordinance: Mr. Conner said the bulk of the amendments were in the LDR performance standards. Mr. Chalnick moved to read the Ordinance by title and to open the public hearing: Mr. Smith seconded. Motion passed unanimously. Public comment was then solicited and received as follows: Mr. Leas: The addition of only one limit (daytime hours of 8 to 5) could be seen as an exception to the Ordinance. The only limit the Court would enforce would be the one for allowing daytime hours for jack hammering. The City wouldn' t be able to go to Court to get jack hammering stopped. He said the City should write what it intends. He suggested language such as : " In this amendment, general provision applies for consideration of noise level and duration. This would help protect public health and safety. Ms. Hannaford: Based on previous bone-jarring development, developers had a permit for duration which was extended a number of times. She asked if that CITY COUNCIL 2 SEPTEMBER 2025 PAGE 6  would be the case with this new Ordinance. She added that what developers due is to start something saying they will finish it at a given time, knowing they will need to extend the time. Ms. Nagursky said she understands the balance between development and regulations. But people are frustrated and have been to the City Council many times. The blasting at the water tower shook their home, and there was jack hammering after that. She stressed that it is not OK to ignore what people are asking for. She hoped they could get to a better place. Mr. Barritt said this ordinance makes improvements. Nothing happens overnight. There is construction in the City, and sometimes people live near it. As there was no further public comments, Mr. Chalnick moved to close the public hearing. Mr. Smith seconded. Motion passed unanimously. 10. Possible action on update to the Nuisance Ordinance: Ms. Fitzgerald noted that her granddaughter was concerned that music from the ice cream truck would be excluded. Mr. Conner said the City does not allow the repetitive song ( this is in the Peddlers' Ordinance). Mr. Smith noted it is not enforced. Mr. Chalnick asked Mr. Pellerin about Mr. Leas' s comment. Mr. Pellerin said it is hard to say how the Court would interpret the language. Mr. Chalnick asked if the language could be improved to make sure the general standard related to noise during the day. He said he and Mr. O' Neil could go back and look at that. Mr. Smith suggested improving the language with the understanding that the City Attorneys ensure that the daytime noise prohibition still exists. He suggested adding the clarification that the general daytime noise prohibition still exists. Mr. Chalnick then moved to approve the update to the Nuisance Ordinance with the suggested clarification. Mr. Smith seconded. Motion passed unanimously. 11. Interview candidates for the vacancy on the Economic Development Committee, two vacancies on the Sextons, and one vacancy on the Energy Committee: The Council interviewed the following candidates: CITY COUNCIL 2 SEPTEMBER 2025 PAGE 7  Sriram Srinivasan Economic Development Committee Harold Hirschberg Economic Development Committee Paige Brochu Economic Development Committee James Kennedy Sextons, Economic Development or E nergy Committees Beth Zigmund Energy Committee Jean- Sebastien Chalot Energy Committee Elise Guyette Sextons Andrew Farrington Sextons 12. Discuss and approve the FY27 Budget Schedule: Ms. Machar said the on the 15 September meeting, the Council will discuss projections and set goals for the FY27 Budget, and provide guidance to staff. A budget listening sessions is scheduled for 6 October. The budget work session will be held on 11 December, 9 a. m.- 1: 00 p. m. Mr. Smith moved to approve the FY27 Budget Schedule as presented. Mr. Chalnick seconded. Motion passed unanimously. 13. Discuss a stipend policy and possibly take action: Ms. Baker said the proposed policy authorizes up to $ 67, 000. 00 from the fund balance. If the funds are not spent, the money will be returned to that fund. Members discussed whether to have an " opt in" or an " opt out" option. Ms. Pugh favored providing both options. Mr. Chalnick felt it would cost the city less with an " opt in" option. Ms. Fitzgerald and Mr. Smith agreed. Mr. Smith suggested going with " opt in" and then reassessing. Ms. Rooks said she liked the " opt in" option as people' s time is valuable, especially if they need transportation or childcare. Mr. Chalnick moved to adopt the Stipend Policy with the " opt in" amendment. Mr. Smith seconded. Motion passed 4- 1 with Ms. Pugh opposing. CITY COUNCIL 2 SEPTEMBER 2025 PAGE 8  14. Review the significant agenda topics for the Council' s 15 September 2025 meeting: Agenda topics include: FY25 year- end projections, FY27 Budget projections and discussion of Council goals and feedback from the community, and Discussion of Fire Department- Prevention Unity and possible direction to staff. 15. Other Business: Ms. Fitzgerald asked to add a " conversation with Councilor" a discussion of venues to the 15 September agenda. Members asked about the sidewalk inventory. Ms. Baker said she will ask when this can be brought to the Council. 16. Consider entering an executive session pursuant to 1 V. S. A. Section 313( a)( 3), for the purpose of discussing the appointment of public officers and specifically committee appointments: Ms. Fitzgerald moved to enter executive session to discuss the appointment of public officers, specifically committee appointments, inviting into the session Ms. Baker and Chief Locke. Mr. Smith seconded. Motion passed unanimously. The Council entered executive session at 8: 46 p. m. Following the executive session, Mr. Smith moved to reconvene in open session. Ms. Fitzgerald seconded. Motion passed unanimously. 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 9: 44 p. m. Clerk CITY COUNCIL 2 SEPTEMBER 2025 PAGE 9