City Council

art southburlington City Council November 3, 2025 MINUTES The South Burlington City Council held a regular meeting on Monday, 3 November 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, Police Department; E. QuallenTowle, DPW Deputy Director of Capital Projects, M. Sousa, HR Director; M. Machar, Finance Director; L. MacDonald, Marcotte School Principal; G. Silverstein, A. Johnson, K. Sentoff, P. Taylor, S. Conte, R. Doyle, M. Powers, T. Kerts, W. Dellaton, S. Schoenfeld, S. May, A. Seenis, J. Churchill, W. Kirzinger, L. Dolin, 1. Pledge of Allegiance: The Pledge of Allegiance was recited. 2. Instructions on exiting 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. Silverstein cautioned the Council about raising cost of living expenses. He noted that Vermont has the highest property taxes in the country based on percentage of income and is also the third highest taxed state. Health insurance is the highest in the country. The cost of living is going up in Chittenden County, especially for seniors, and South Burlington has the highest percentage of seniors almost 20%). 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: On 15 December, the draft Parks and Open Space Plan will come to the Council On 19 November, at 9: 30 a. m., there will be a ribbon- cutting ceremony for the new Chamberlin neighborhood rec path. 6. Consent Agenda: a. Consider and Sign Disbursements b. Approve the second 5- year extension of the lease with Chittenden Solid Waste District for the Drop- Off Center for a period running from 1 January 3036 to 31 December 2030, and authorize the City Manager to execute the document c. Approve the Rye Meadows Plowing Agreement d. Receive the July, August, and September financials e. Approve Minutes from 2 September 2025, 15 September 2025, 29 September 2025, and 6 October 2025 City Council Meetings Mr. Chalnick moved to approve the Consent Agenda as presented. Ms. Fitzgerald seconded. Motion passed unanimously. 7. Second Reading and Public Hearing on an update to the Fire Prevention and Protection Ordinance: Mr. McNeil said the City is taking advantage of its authority to conduct inspections of single- family homes. With that authority, the City is required to have a Housing Board of Review and a policy for when someone is required to leave a home. Mr. Chalnick moved to read the Ordinance by title and to open the public hearing. Mr. Smith seconded. Motion passed unanimously. City Council Meeting November 3, 2025 I Page 2 Mr. Barritt asked for public comment which was received as follows: Mr. Johnson: Asked if he needs a permit to replace a boiler. Chief Locke said the City will not inspect plumbing. If the size of the windows has to be changed, the City will inspect. Mr. Johnson also asked the meaning of " public buildings." Chief Locke said this refers to residential duplexes and more than 2 units. With regard to " fire lanes;' Mr. Johnson noted that Queen City Park is an existing situation, and they can' t have a fire lane. Mr. Silverstein: Asked about the regulation regarding bedroom windows. Chief Locke said that to ensure the Fire Department can bring a ladder to the window. As there was no further public comment, Mr. Chalnick moved to close the public hearing. Ms. Fitzgerald seconded. Motion passed unanimously. 8. Possible Action to Adopt a Fire Protection and Prevention Ordinance: Mr. Chalnick moved to pass the proposed amendments to the Fire Prevention and Protection Ordinance as presented. Mr. Smith seconded. Mr. Smith noted that construction costs have escalated dramatically. It has been suggested to increase the $ 5, 000 renovation figure to $ 10, 000 or even $ 15, 000. Ms. Fitzgerald asked whether passing the Ordinance makes the Council the Housing Board of Review. Mr. McNeil said it does. Ms. Fitzgerald questioned whether this could create a conflict of interest as the Council is the body passing the Ordinance. Mr. McNeil said he did not believe this creates a conflict of interest. The Council can still act objectively and without bias. He also did not anticipate a great number of hearings. In the vote that followed, the motion passed unanimously. 9. Second Reading and Public Hearing on an Electrical Installations Ordinance: Mr. McNeil said the same authority applies to the Electrical Installations Ordinance as to the Fire Ordinance. Mr. Chalnick moved to read the Ordinance by title and to open the public hearing. City Council Meeting November 3, 2025 I Page 3 The following public comments were offered: Mr. Silverstein: The permit fee was $ 95. 00, and now there is an added $ 20- 25, and another $ 100. 00 for an electrician to come to inspect the work. Mr. Silverstein asked if wall- mounted smoke detectors are OK. Chief Locke said they can be wall- mounted but should be 4- 12 inches below the ceiling. As there was no further public comment, Mr. Chalnick moved to close the public hearing. Mr. Smith seconded. Motion passed unanimously. 10. Possible action to adopt an Electrical Installations Ordinance: It was noted that the Ordinance would go into effect on 4 November 2025. Mr. Chalnick asked if a sale could be held up because electrical work was not done well. Chief Locke said it could. Mr. Smith said he doesn' t know of anyone who was ever electrocuted working on a panel. Mr. Chang said he lost a good friend that way. Chief Locke said it is a life- saving issue and helps to keep people safe. Mr. Chalnick moved to approve the Electrical Installations Ordinance as presented. Mr. Smith seconded. Motion passed unanimously. 11. Receive a briefing on efforts to promote community safety in City Center: Ms. Baker said she and Chief Breault have spent a lot of time with the School Superintendent and Marcotte School Principal regarding safety. There is on- going communication and a number of short-, medium- and long- term safety efforts going on. Mr. Barritt asked about the school getting a permit to manage the forest area. Ms. Baker said there is a " buildable forest" which the school can maintain. Ms. Fitzgerald noted there was discussion regarding the chain link fence into that forest area as well as clearing the area to make it more accessible for school use. Ms. Baker said a fence permit would be required. She added that the forest is also a stormwater pond. City Council Meeting November 3, 2025 I Page 4 Ms. Fitzgerald said there was also discussion about Section 5. 4 and 7. 0, specific to encampment She added that given the intent for density in City Center policy. growth as well as vibrancy, there should be no tolerance for encampments. Chief Breault said that when some activity is prohibited in an Ordinance to a specific part of a city, that activity moves to another part of the city. The hope, he said, is to come back with some city- wide recommendations. He noted that the policy allows the Police to move people from the area where there may be children, and that is what they are doing. Mr. Chalnick noted the policy doesn' t talk about parks and questioned whether parks should be added. He noted there are times when there is no room in shelters.Chief Breault said when shelters are at capacity there are other options. They are working with outreach staff to bring people to new shelter sites. Mr. Smith noted that some things that have happened at the State level provide support for the City, and the Marcotte School incident brought concerns to a peak, and the response has been remarkable. He was grateful for the conversation that has resulted and hoped this would be a new way of working together. Ms. Fitzgerald asked if there are benchmarks re: interim ordinances that could serve as a Neglecting it can result in a growing issue. Ms. Baker did not pilot. know if there was a benchmark encampment ordinance. There is data regarding crime in City Center. It is lower than in the rest of the City excluding the UMall property. This does not minimize what happened at Marcotte. The question is whether to regulate this through an ordinance and whether that is legally possible. Ms. Fitzgerald said we should align 5. 4 and 7. 0. Ms. Baker said staff is not opposed to that but didn' t feel it is needed. Chief Breault said the goal is to keep children safe whether it is on a playground, in a park, or at school. The Police Department addresses all of these sites the same. Mr. McNeil said any policy that is being worked on is always fluid. He noted there is an Ordinance that prohibits camping in the City' s parks. Ms. Pugh said she favors leaving things to the experts. She would hesitate to be too specific in an Ordinance as problems can " shift." Officers now have flexibility to respond. It is always easier to change a policy than to amend an Ordinance. City Council Meeting November 3, 2025 I Page 5 Mr. Smith said he was impressed with how quickly Chief Breault and the School District have responded in so short a time. Mr.Taylor recommended deleting the last sentence of 7. 2 which, he felt, ties people' s hands. 12. Receive a presentation on the Marcotte Central School Circulation study: Ms. Towle reviewed the history. The major safety concern was the corner of Market St. and Datillio Drive. The City asked VHB look at the situation and recommend some alternatives. Ms. Sentoff of VHB said they did a circulation study at the Marcotte School property. The most congested times are at school arrival and departure. They spent time viewing how people access the school and also met with people in a local concerns meeting." They then developed alternatives which were refined after input from the school and from the Bike/ Ped Committee. Ms. Sentoff then reviewed existing conditions including: bus drop- off and pick- up she showed where this occurs), as well as parent drop-off and pick- up, the crossing guard station at Market/ Dattilio, the R6 bus routes that serve the school, and the single entry and exit point for vehicles. They also noted recent projects, including the Mary Street sidewalk connection, the boardwalk connection, the Garden St. shared use path, signal timing improvements, the Garden Street Extension to Midas Drive, the Williston Rd. shared use path, Patchen Rd./ Williston Rd. upgrades, and the realignment of the White Street intersection. Ms. Sentoff then reviewed several alternatives: 1. Mary Street sidewalk (complete) 2. Redirecting circulation of the west loop to exit via Mary Street. This would relieve the Datillio Drive situation. It would require agreement with Allard Square. The estimated cost is $ 1, 000. Ms. Baker noted this was concerning to Mary Street residents. Mr. Chalnick asked if Mary St. could be open to traffic. Ms. Baker said in the future now that there is a light at Market Street/ Hinesburg Road. Ms. Towle noted the City' s agreement with Allard Square does not include the school. Ms. Baker stressed that this is a driveway, not a street, over which the City has a use City Council Meeting November 3, 2025 I Page 6 agreement that does not include the school. Ms. Sentoff suggested that in the future, it might be for buses only or for egress only. 3. Student entry from Williston Road. Ms. Sentoff said this anticipates the Williston Rd. shared- path. It would provide more direct access use for some students. It would involve the use of a otherwise locked gate at arrival and dismissal times. 4. Footpath to Garden Street: This path could be re- established ( it previously existed) and could give students a path to Garden Street and the apartments to the east. It would alleviate concerns with students walking through parking lots. 5. Add a flashing beacon on Market Street. The cost for this would be $ 28, 000. Ms. Pugh noted there had been a suggestion to disallow use of 2 parking spaces at certain hours. Ms. Sentoff said that if people do what they should do, what is there now works. Those tight turns are there on purpose to slow folks down. Ms. Towle noted it is an adjustment for people to see buildings closer to the road, and they are beginning to figure out a " new normal." Ms. Sentoff then showed an overhead of the area with the preferred alternatives highlighted. Ms. MacDonald noted the school has tried to work with Allard Square so some vehicles could exit there, but it is not as simple as a conversation. She also noted this is a driveway, not a road. She also noted that the gate on Williston Road is hard to lock because people cut through there during the day and look into the school windows. When the Williston Road shared use path is completed, there could be a different kind of fence there, possibly coded. Ms. MacDonald said they would really like to have back the path that was lost during the construction because having children walking through parking lots is a safety concern. There is the possibility of a donation to help make that happen, but it involves some property the school does not own. The school used to mow and plow that path, but there is now landscaping there from the development. Ms. Towle noted that once Garden Street is completed, the City can support connection of the path into Garden Street. Ms. Conway noted that people don' t stop for school buses at Market/ Dattilio intersection. There is also a lot of traffic being redirected from theTrader Joe' s construction. There is also a problem for buses exiting to head east, including City Council Meeting November 3, 2025 I Page 7 buses getting stuck there because of a car parked on the south side of Market St. This happens a lot. And with new residents, there are new issues, especially having people stop behind the stop bars and cutting through. Mr. Doyle suggested a mountable curb for the buses. He also said that raised sidewalks would help with safety. He didn' t feel the Williston Road slow traffic and shared use path would be safe for children. NOTE: Some further items were heard out of agenda order but will be recorded here as they appear on the agenda. 13. Presentation on the City's employee and dependent health benefit structure at the request of the City Council: South Burlington currently has a self-insured program as opposed to a fully insured program. The advantages and disadvantages of both types of program were outlined as follows: Fully insured: Advantages: budget predictability Financial protection Administrative simplicity State mandates are automatic Disadvantages: Less flexibility Higher costs over time Unspent claims money becomes profit for the insurance company Limited transparency/ loss of data Less control Self insured: Advantages: Potential cost savings Flexibility Transparency Cash flow control State mandates not automatic City Council Meeting November 3, 2025 I Page 8 Disadvantages: financial risk Complexity Risk of large claims Responsibility for administration The components of the City's plan were then outlined as follows: a. City sets the budget to match theoretical rates b. Theoretical rates cover: administrative fees, protection against large claims, protection against aggregate claims base against over- utilization c. City holds the IBNR 8. 5%- 15% of paid claims The history of the City' s plan was then reviewed, including: a. Opening of the health center b. " Captive Program" ( spreads catastrophic risk). Pareto is the City's captive insurer c. Marathon Health: Ms. Sousa said Marathon is a near- site clinic that provides easy access to primary and mental health services. It provides cost containment and employee well- being. She noted that they went with this model because employees said they were having a hard time getting to see a health professional. Ms. Baker said this is a combination of providing urgent care and keeping chronic conditions contained. Ms. Sousa noted that appointments average 34 minutes as opposed to 9 minutes in other facilities. There are also better health outcomes ( 85% of high- risk people are making progress. Ms. Fitzgerald noted that the City has been with this system for 5 years and she wanted to know what was being spent, what the expense trend has been, and what are the outcomes. A chart of 5- year claims and expense increases was shown. It indicated an average plan increase was 9%/ per year; a 5- year overall plan increase of 41%, a 2% average annual increase in employees since 2020 ( overall increase of 9%). It was stressed that this plan covers employees and their families. Mr. Chalnick asked if there is a chance to leverage federal money. It was noted the City does not get federal money. City Council Meeting November 3, 2025 I Page 9 It was also noted that being fully insured would have cost 7- 8% more. Mr. Barritt asked if the Marathon program could be kept if the city went with a fully insured program. Ms. Baker said it could. Mr. Smith noted that the cost of medical care is escalating because of the care people are getting. He stressed that this issue won' t go away. He also noted that insurance companies do this for a profit. It was noted that with a fully insured program, many of the Council' s questions could not be answered. It was stated that going to bid every 5 years is reasonable to explore what is out there. But there was a caution to beware of a " bait and switch" bid. Ms. Baker said the City is very happy with the status quo. Mr. Chalnick said if they feel going to bid will save money, do it; if not, don' t. Mr. Smith opposed going to bid. He said the insurance market won' t get better. What he has heard enforces the quality of what the City is providing for its employees. Mr. Barritt agreed and said if it isn' t broken, don' t fix it. He added that the important thing is for people to be healthier, and Marathon is helping with that. Ms. Pugh said this is not on the Council' s agreed upon priorities. She did not feel this was the right time to do anything, particularly since it could affect employees. Mr. Chalnick said the Council owes it to the public to do some benchmarking. Ms. Fitzgerald said one of the best part of the city' s present system is ownership of the data. so access to cost trends and outcomes should be readily available. Ms. Sousa said she can send information from Marathon' s monthly reports to the Council as well as other information the City receives. 14. Receive as recommendation on an expansion of Fire Station One to accommodate the Prevention Unit, and provide direction to staff: City Council Meeting November 3, 2025 I Page 10 Chief Locke said the best option is to move forward with documents and time- line for a public bond that would be paid for from the Rental Registry and Capital Assessment Fees over a period of 20 years. Mr. Doyle suggested they look for commercial space. He also noted the Rental Registry puts pressure on renters. Council members agreed with the recommendation. 15. Receive a briefing on the implementation of Act 180 and centralizing the administration of Community Justice service provision in Chittenden County: Ms. Baker reviewed history of the City' s community justice services. She the noted that Chittenden County previously had 4 centers, but the Attorney General' s Office has said that in 2027 this will be reduced to 1 center located in Burlington. Burlington has said they will work with South Burlington. Police Chiefs and others have been working to see what this could look like ( e. g., shared governance, services outside the usual services, etc.). Mr. Chalnick said the concern he hears from volunteers is that South Burlington volunteers won' t want to volunteer in Burlington. Burlington may not want their people to do things they have been doing. There should be structure where South Burlington volunteers feel they fit in and can do what they have been doing in South Burlington. Ms. Baker said that is the hope South Burlington and other communities have. Ms. Fitzgerald asked about thefunding model. Ms. Baker said the State Correction people have funded the pre- change work. The Legislature said that money will go directly to communities this year and to Burlington next year. Ms. Baker added that South Burlington has the tax capacity to tell Burlington " we want to do this work, and we can fund it." Mr. Dellator: Said he is a member of the Community Justice Panel. He noted that they always say the community is affected by the crime. It is a community- based panel using South Burlington Police and serving South Burlington victims. Its existence says South Burlington is a caring community. He felt the new system threatens that. He hoped to keep some local control. City Council Meeting November 3, 2025 I Page 11 Mr. Powers: He is also a Panel member. He said he is bothered by most of this. The South Burlington system works well between Police, volunteers, and Joseph Lavarnway. Offenders say the Police have treated them well. We work with ways to amend what has happened and ensure it doesn' t happen again. Recidivism is extremely low. He was concerned with loss of local control and with moving people around the county. He stressed that efficiencies don' t always provide the best service. Mr. Curts: He has worked at all of the 4 current Centers. Each has a different personality. He echoed what was said before and stressed that the South Burlington program is excellently He also said it is crucial to have something run. that comes from the community, and volunteers embody that community connection. He asked that volunteers be included in all discussions. Ms. Baker said what is being done now is listening. There will be surveys among various stakeholders. Ms. Schoenfeld, a panel volunteer, said it is mind- boggling to treat Chittenden County the same as other counties. She cited the excellence of Joseph Lavarnway and hoped he isn' t lost. She also cited relationships that are developed and hoped there would be continuing relationships with the Police Department. Ms. Seenis said she witnesses " a miracle every time." Offenders become concerned community members. The program is a gift to the people of South Burlington. Mr. Barritt cited the importance of hearing from everyone at this meeting. 16. Convene as Liquor Control Commission to consider the following application for approval: Thingz From Yaad, 3rd Class Restaurant and Bar License: Mr. Smith moved to convene as Liquor Control Commission. Mr. Chalnick seconded. Motion passed unanimously. Mr. Chlanick moved to approve the Liquor License as presented. Mr. Smith seconded. Motion passed unanimously. City Council Meeting November 3, 2025 I Page 12 Mr. Chalnick moved to reconvene as City Council. Mr. Smith seconded. Motion passed unanimously. 17. Review significant agenda topics for the Council' s 17 November 2025 Council Meeting: a. Receive the Annual Report from the Chittenden County Regional Planning Commission b. Receive theTown Meeting TV Annual Report and FY27 Budget request c. Receive updated Climate Action Plan modeling from the Chittenden County Regional Planning Commission d. Discuss integrating the Safe Routes to SchoolTask Force with the Bicycle and Pedestrian Committee and possibly take action e. Receive a presentation on the City's Parking Management Plan and provide direction f. Receive the currentTax Increment Finance District projections and an update on the capital projects g. Receive the FY26 Policy Priorities and Strategies - Report# 1 18. Other Business Mr. Barritt said he was impressed with the Dorset St./ Kennedy Drive light. Ms. Fitzgerald said the HOA conversation at the Planning Commission was intriguing to her. The Council may want to evaluate the ones they can work with. Ms. Baker said they are " mini- municipalities" that can be used in many ways. She suggested a broader conversation. As there was no further business to come before the Council Mr. Smith moved to adjourn. Mr. Chalnick seconded. Motion passed unanimously. The meeting was adjourned at 11: 20 p. m. 61.41 Clerk City Council Meeting November 3, 2025 I Page 13