City Council

4' southburlington VERMONT MINUTES CITY COUNCIL 6 OCTOBER 2025 The South Burlington City Council held a regular meeting on Monday, 6 October 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, A. Pugh ALSO PRESENT: J. Baker, City Manager; Chief S. Locke, Deputy City Manager; C. McNeil, City Attorney; Chief W. Breault, Deputy Chief S. Briscoe, Police Department; Deputy Chief, C. Corbin, Fire Department; T. DiPietro, Public Works Director; Dr. Joe Clark, Superintendent of Schools; M. Machar, Finance Director; R. Donahey, Deputy Finance Director; R. Groeneveld, G. Silverstein, W. Kirzinger, M. Cokey, W. Coleman, A. Rooks, R. Dicehart, H. Delude, L. Hasler, V. Abrahamson, J. Simson, P. Tompkins, D. Shatzer, J. Churchill, J. Blanchard, Dr. T. Childs, C. Cole, S. Lincoln, B. Britt, S. Broderick, M. Mittag, L. Camere, J. Wilking, S. Stressy, M. Daniell 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: PAGE 1 Mr. Shatzer asked that the Council include the Apartheid Pledge on the March ballot as other communities have done. He cited the need to condemn actions of apartheid and noted that his car was vandalized because of the anti- apartheid stickers on it. Mr. Barritt asked Mr. Shatzer to communicate with the Council to see if this can be put on a future agenda. Ms. Churchill supported Mr. Shatzer' s request. She said she does not know if she will be assaulted because of how she looks. She wants to be valued as a member of the community and wants to know that everyone in South Burlington will be held as equals and will be treated as such. Ms. Cole recalled the hatred and division that occurred when the South Burlington High School team names were changed. She is seeing the same thing now. She urged that South Burlington tax money not be used to support apartheid. Ms. Blanchard spoke in support of the ballot item. She noted that it aligns with the City' s Declaration of Inclusion which pledges to make the City a safe and open community for all. Ms. Lincoln also spoke in support of the ballot item. Dr. Childs said she would like a letter saying why the Council had said the Trinity youth program would get $ 13, 000 but got only $ 4, 000. She questioned why the Council would give funding to organizations that get millions of dollars and not to a local organization that is struggling to help its young people. 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: Personally thanked retiring Librarian Jennifer Murray. New Police Chief Breault has been sworn in. Ms. Baker thanked Deputy Chief Briscoe for leading the department for the past few months. The auditors will be in the City next week. 6. Consent Agenda: a. Consider and Sign Disbursements CITY COUNCIL 6 OCTOBER 2025 PAGE 2  b. Approve City Council Minutes of the 18 August and 2 September 2025 City Council meetings c. Award the sidewalk ramp reconstruction contract to Cutting Edge Landscaping and Excavation; authorize the Deputy Director of Capital Projects to sign the contract, and allocate $ 91, 150 from the ARPA Inspired Fund Balance for this purpose d. Approve the 5 party Municipal Service Agreement for the Economic Mobility and Opportunity Coalition with the Chittenden County Regional Planning Commission e. Receive an update to the Hazard Mitigation Plan and progress made in 2024 f. Approve the East Terrace Retaining Wall Relocation Agreement as presented; authorize the City Manager to sign agreement; and allocate up to $ 145, 475 of the General Fund unassigned fund balance for these purposes pursuant to the terms of the agreement g. Approve the 2026 Municipal Planning Grant application for the Climate Action Plan' s Building and Thermal Implementation Plan: Mr. Chalnick asked to pull 6c. He then moved to approve the Consent Agenda minus Item 6c. Mr. Smith seconded. Motion passed unanimously. Mr. Chalnick noted many sidewalks are in disrepair as well as the ramps. He asked if this is the best way to use these funds. Mr. DiPietro said the scope of work has been funded. It takes into account the sidewalk inventory and Safe Routes to School prioritization. This item was a separate effort that was bid out. The City got only one bid, and it was then rebid with fewer ramps. This is an ADA compliance situation. There are many non- compliances, and the Department decided to focus on the White Street area first. Ms. Baker noted that infrastructure is very expensive, and it will cost a lot to do everything the City wants to do. Ms. Fitzgerald questioned the one bidder and the significantly reduced scope of the original project which focused on non- compliance. Mr. DiPietro said it was the same bidder as the first round. He added it is hard to predict the level of interest. Mr. Chalnick said that in the future they shouldn' t build ramps to broken sidewalks. CITY COUNCIL 6 OCTOBER 2025 PAGE 3 Mr. Chalnick moved to approve Item 6c of the Consent Agenda. Mr. Smith seconded. Motion passed unanimously. 7. Receive an Update on Community Safety and hold a listening session: Deputy Chief Briscoe thanked Ms. Fitzgerald and Dr. Clark for their concern with this issue. He said it is disturbing to him that a child was injured in this way, and it is incumbent on the community to protect its children and ensure that they have a safe place to play. Dr. Clark said he is impressed with the relationship among the School District, City, and Police Department which he has not always seen. He stressed that student safety is " Number One." This particular incident is totally unacceptable. He has heard that finding needles on the play area is not unusual. He felt that it should have been dealt with sooner. He then outlined an initial plan: a. An 8- foot security fence in addition to what is already there, creating a buffer zone between the 2 fences, in the area where needles are found. There is a contractor who will begin work soon. b. Motion sensitive lighting will be installed on the top of the modular units. Eventually, these will be higher and brighter. c. Police are working with McDonald' s to get their fence repaired. d. There will be brush- clearing along the fence line. e. There will be school staff and police patrols all day. f. They are also appealing to people' s good nature. If you see something, call the Police immediately. g. Long term, there will be clearing out of obstacles to better sight lines. Deputy Chief Briscoe said an important part of the plan will be to increase patrols in the area, including specific foot patrols day and night. There have been more than 50 such patrols in the past 2 weeks. He urged residents to call the Police if they see questionable activity on school and surrounding grounds. The School District has been given recommendations to improve the area for safety ( e. g., brush clearing, fencing, needle sweeps every morning, etc.). There is also a suggestion of a camera on the outside of MacDonald' s and a receptacle for sharps" outside the fence. The Police are also working with the Howard Center to refer people with needed services to try to break the addiction cycle. CITY COUNCIL 6 OCTOBER 2025 PAGE 4 Deputy Chief Briscoe also noted there will be quarterly reviews to see how the Schools, City and Police can better support each other. There is a dedicated Liaison Officer to be sure everyone is on the same page regarding safety of children. Mr. Barritt asked about use of the school playground after dark. Dr. Clark said they don' t want to lock people out; they just want the place to safe. He felt people did not need to be on the playground after dark. Mr. Barritt asked if there is " do not touch" training for children. Dr. Clark said parents are reminded to tell children not to touch foreign objects. Teachers are also trained in what and how to teach this to children. Ms. Fitzgerald noted there was also a meeting with 4 of the City' s Legislators on the bridge between school and city safety. Legislators are committed to meeting with City and School representatives on a regular basis. Mr. Chalnick asked Deputy Chief Briscoe if the City' s policy on " encampments" is sufficient or whether it requires an Ordinance. Deputy Chief Briscoe said he thought the policy is sufficient. The problem is there is no place to send people. Ms. Pugh asked if anything is being done regarding safety at the City' s other schools. Deputy Chief Briscoe said they always pay attention to all schools. There are physical checks of all schools day and night. Ms. Pugh suggested a possible audit of lighting, fencing, etc. Dr. Clark said people patrol school grounds every day. There is also a Safety Committee. Ms. Baker noted that 34% of calls to " community outreach" were from South Burlington last year. The City can directly deploy case workers with or without Police. The question now is how to address issues before they are issues. Mr. Smith said he is heartened by the way the Schools and Police are working together. He added that the homeless issue isn' t going away; the question is how to directly help community members in need. Mr. Barritt said he thought the action plan was excellent and would help parents to understand the difficulty in dealing with these issues. Public comment was then invited and received as follows: CITY COUNCIL 6 OCTOBER 2025 PAGE 5 Ms. Kirzinger ( Chair of the School Safety Committee): She thanked the Police for such a quick response to the recent incident. She wanted everyone to feel welcome in City Center. She noted that children have been finding needles in play areas for years and reviewed actions the schools have taken. Teachers and staff are educating children as to what to do if they find something on the school grounds. She then asked the Council for two actions: a. An Ordinance that prohibits loitering/ encampment within 500 feet of schools b. An exception to the tree- trimming rules to allow the school areas to maintain and improve visibility She stressed that creating safe zones around schools does not harm anyone. Ms. Cokey: When she lived in Chicago there were " drug- free zones." She didn' t know what it would take to create such zones here. She was tired of children not feeling safe and stressed that she did not want to lose her only child. Mr. Coleman: When he found drug paraphernalia near his car at home, the Police said it was not their problem. Ms. Rooks asked if there is proof people are hiding in the woods. Dr. Clark said there are videos, etc., and people have been found in the woods. Deputy Chief Briscoe said the woods have been cleared out, and no one is in there now. Ms. Rooks also said that at Orchard School, teachers in the after- school program were stressed because children not in the program were allowed to play there as well. Dr. Clark said he would look into that. Ms. Dicehart: Reinforced the request for a 500- foot safe space around schools. She didn' t want South Burlington to become like Burlington with people using drugs openly. Deputy Chief Briscoe noted it is not illegal for people to be intoxicated in public. Ms. Delude ( PTO President at Marcotte School): Was excited about the collaboration. She noted that the PTO used to patrol the woods monthly but stressed that should not be their responsibility. She applauded what is being done collaboratively and offered any help the PTO can give. She agreed with the need for an Ordinance and with " more hands on the ground" and more youth Police officers. CITY COUNCIL 6 OCTOBER 2025 PAGE 6 Ms. Hasler: Agreed with what everyone has said. Ms. Abrahamson: Asked what the City Council role in this could be. Mr. Barritt said the Council hasn' t had that discussion yet, but it will be a future agenda item. He stressed " We have heard you." 8. Approve Resolution # 2025- 21 celebrating the 40th anniversary of the South Burlington Rotary Club: Mr. Simson reviewed the Rotary Club' s history in the City. He noted they raise 50, 000 to $ 60, 000 a year for city needs and have provided the bandshell at Veteran' s Park, the Bookmobile, and more. He added that they enjoy meeting in City Hall. Ms. Tompkins said there are 40+ members who will celebrate on 23 October at their anniversary party at the Ridgewood Club House. They have supported the Howard Center for many years. Mr. Chalnick then read the Resolution and moved its approval. Ms. Fitzgerald seconded. Motion passed unanimously. 9. Hold the FY27 Budget Listening Session: Mr. Donahey reviewed the history of property tax and utility rate increases and the nature of the CIP ( Capital Improvement Plan), general fund budget and enterprise funds ( including He then showed charts indicating Property utilities). Tax Rate History, Comparison of Tax Rates for Regional Municipalities, Expenditures by Department, General Revenue Sources ( e. g., local option taxes). Ms. Machar showed a history of Water, Wastewater and Stormwater rates and noted specific increases for bond payments. Ms. Machar then indicated the key questions for the FY27 budget: a. How to address affordability challenges b. How to balance municipal services with new initiatives c. Different approaches to revenue generation to consider d. Different approaches to expenditures management ( e. g. level funding) CITY COUNCIL 6 OCTOBER 2025 PAGE 7 Ms. Machar said based on projections, the amount needed to be raised to make the budget will require a 5. 5% increase on the FY26 tax rate. This is assuming a 1. 5% increase in the Grand List, which Ms. Machar described as " aggressive." There is an on- line community survey which has received 37 responses so far. The public is asked what matters most in City government and what would they want the City Council to know about their experience in South Burlington including any service they would like the City to drop. Ms. Pugh asked why the 1. 5% Grand List is considered " aggressive." Ms. Machar said based on what is permitted or on- ground, it does not seem that the 1. 5% being estimated will be covered. Public comment was then invited and received as follows: Mr. Groenveld ( a member of the South Burlington Business Association): Urged investment in paving as many roads are in disrepair. He also wanted to be sure economic development is considered. He suggested allowing maintenance as part of the " Pennies for Path" funding. Mr. Silverstein: Noted that Vermont is the third highest state for tax burden. The 2- year education tax rate is 25%, which is 75% of the local tax bill compared to the 5. 6% Social Security increase. He cited the large number of seniors in the City and noted that Vermont is one of only 9 states to tax Social Security income. He also cited " penalties" as a" new way to tax people." He said seniors and the middle class are being driven to extinction. Mr. Britt: It is that the city is " out of sync" unfortunate regarding road striping. He suggested a one- time " catch- up." 10. First Reading: Fire Prevention and Protection Ordinance and possibly warn a second reading and public hearing on 3 November at 7: 00 p. m.: Mr. McNeil said one of the main focuses of amendments to the Ordinance is the strengthening of the ability inspect family homes. The City would have to single to create a 5- member Housing Review Board ( the City Council could serve in this capacity) which would include adopting a program for people who are displaced CITY COUNCIL 6 OCTOBER 2025 PAGE 8 from a home deemed " uninhabitable." The penalty for single- family home infractions would be a maximum of$ 200. 00. Mr. Smith asked how active that Board is in other towns that have enacted this. Mr. McNeil said Burlington and Winooski have ordinances; Montpelier has a Housing Board of Review ( 3- member). The Board in Burlington is very busy but mostly with multi- family buildings. Mr. McNeil stressed that the Ordinance covers only new housing and renovations over $ 5, 000. 00. Ms. Pugh asked about the large number of condos on Kennedy Drive. Deputy Chief Corbin said the City already has authority over those. This is only for single- family homes. Mr. Chalnick said it is odd that an appeal applies only to single- family homes. Ms. Rooks cited the risk of making people homeless, particularly with older homes. Deputy Chief Corbin said if there are no structural changes, there would be no penalty. Ms. Fitzgerald said she was willing to move this to a public hearing, but was concerned with the difference between rentals and single- family homes. Mr. Chalnick moved to approve the first reading of the Fire Prevention and Protection Ordinance and warn a second reading a public hearing for 3 November 2025 at 7: 00 p. m. Mr. Smith seconded. Motion passed unanimously. 11. First Reading of an Electrical Inspection Ordinance and possibly warn a second reading and public hearing for 3 November 2025 at 7: 00 p. m.: Mr. McNeil said this is similar to the Fire Ordinance with regard to single-family homes. It applies to new construction and to certain electrical work such as adding circuits. Owners can replace outlets, switches, etc. Mr. McNeil said there would be the same Housing Board of Review process. Chief Locke noted the State had never allowed municipalities to legislate safety regulations for single- family homes though it does allow regulation for " public buildings" which includes multi- family housing. CITY COUNCIL 6 OCTOBER 2025 PAGE 9 Ms. Fitzgerald cited the equity issue between single- family and rentals. Mr. Smith said they are now narrowing that gap which already exists. Mr. Chalnick asked the effective date of the Ordinance. Mr. McNeil said it takes effect when passed. Mr. Chalnick asked how it will be publicized. Chief Locke said word of mouth, City News, etc., the same as with the Rental Registry. Mr. Chalnick moved to approve the first reading of the Electrical Ordinance and to schedule a second reading and public hearing for 3 November 2025 at 7: 00 p. m. Mr. Smith seconded. Motion passed unanimously. 12. Discussion of Fire Department Prevention Unit Space Limitations and provide direction to staff: Chief Locke said that as the Rental Registry was developed there were conversations about space planning for the staff. They had hoped to use a Capital Leasing" plan, but unfortunately that cannot be used for construction of a building. A presented outlining memo was options. Chief Lock said bonding is their preferred way to go. Mr. Barritt noted they are trailer. now using a He asked about the possibility of using a ZEM ( as the school is doing). Mr. Chalnick said he is comfortable with a bond being paid off with a Capital Assessment Fee. Ms. Fitzgerald said she would like to live with an " interim situation" for a few years until there is more track record with fees. Mr. Barritt favored using commercial office space the city already owns. Ms. Baker suggested that the City Council tour Fire Station 1. Members agreed. 13. Review Significant Items for the 20 October 2025 City Council Agenda: a. Resolution for Donna Kinville for service to the Sextons b. Discuss integrating the Safe Routes to School Task Force with the Bike/ Ped Committee CITY COUNCIL 6 OCTOBER 2025 PAGE 10  c. Receive a recommendation from the Bike/ Ped Committee on safety on the City' s shared use paths d. Receive an updated Climate Action Plan modeling from the Chittenden County Regional Planning Commission e. Review the City' s Health Benefits for employees Mr. Chalnick said he would like to schedule an item on school safety with recommendations from the new Police Chief. Mr. Smith suggested focusing on the 2 requests made by Ms. Kirzinger ( tree trimming and the 500- foot no- drug zone). 14. Consider entering executive session to discuss the contract with the City Manager with possible action to follow: Ms. Fitzgerald moved that the Council enter executive session, under Section 313( a)( 3) for the purpose of discussing an employment contract, specifically the City Manager' s, inviting into the session Mr. McNeil. Mr. Chalnick seconded. Motion passed unanimously. The Council entered executive session at 10: 11 p. m. Ms. Fitzgerald moved to exit executive session. Mr. Chalnick seconded. Motion passed unanimously. 15. Possible approval of the contract between the City Council and the City Manager Mr. Smith moved to approve the contract between the City Council and the City Manager. Ms. Pugh seconded. The motion passed unanimously. As there was no further business to come before the Council Ms. Fitzgerald moved to adjourn. Mr. Chalnick seconded. Motion passed unanimously. The meeting was adjourned at 10: 27 p. m. Clerk CITY COUNCIL 6 OCTOBER 2025 PAGE 11