Regular City Council Meeting (Monday, April 28, 2014)
Generated by Amy Bovee on Thursday, July 17, 2014
Members present
Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright
Absent: Joan Shannon
Meeting called to order at 7:08 PM
1. Agenda
Action: 1.01 Approve/Amend the Agenda
Move to amend the agenda to add to item 6.02 Orange Leaf to the list per Amy Bovee, remove item 6.07 per CAO Rusten, withdraw Councilor Knodell's amendment to item 7.01 per Councilor Knodell and note revised version of Resolution under item 7.01 per Councilor Wright move 6.14 off the consent agenda and move to 7.02 of the deliberative agenda.
Motion by William Mason, second by Sharon Bushor.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright
Not Present at Vote: Joan Shannon
2. Public Hearing
Action, Communication, Public Hearing: 2.01 Communication: Marcy Krumbine, Assistant Director for Community Development, re: 2014 Community Development Block Grant Proposed Allocations Proposed 2014 Action Plan for Housing & Community Development
Marcy Krumbine, CEDO, stated the Council has received the recommendations from the Community Development Block Grant Advisory Board. The Board is comprised of representatives from each of the seven wards, three Mayoral appointees, and representatives from the State. They have forwarded their recommendations. In addition, the applications and projects administered by CEDO were reviewed internally by the Mayor’s Office and CEDO. They are not bringing forth as many projects as they did in previous years. They have implemented a new process that allowed for targeted focus on specific strategies. They asked agencies to submit only one public service application. Their focus this year was housing, hunger, and homeless projects. They awarded two year grants, and reserved a small amount of one year funding for equal access and health projects. As a result of the new process, they have brought forth eight funding opportunities for public services. Last year they awarded 21 grants, but this year they were able to provide more funding for fewer projects. Next year they will focus on early childhood education and youth programs. They received a copy of the draft action plan that is required by the Department of Housing and Urban Development. It includes these recommendations as well as their goals and objectives. The Action Plan is available on the CEDO website. The funding for 2014 will be $716,000. They had some leftover money from last year and have used that. This Public Hearing will allow people to comment on the proposed projects. The allocations include completing the preservation of housing units with expiring subsidies, weatherizing six units of affordable housing, developing the Bright Street co-op, and helping 1,200 residents remain housed and living independently through house sharing and home based assistance, assistance for homeless residents, assistance for victims of domestic violence and families in transition as well as providing daily meals with locally sourced food to 200 children.
Councilor Mason inquired how the areas for allocation were identified and if they will change on an annual basis. Ms. Krumbine stated they looked at the history of the different areas that were funded as well as the priorities of the City. The number one priority has always been decent housing because of the need, so they started with housing as the priority. Education and youth will also interface with the Mayor’s initiative on early education. Councilor Mason inquired who made these decisions. Ms. Krumbine stated they worked with grantees and current and former advisory board members. They had focus groups and created surveys to come up with a plan together.
Councilor Bushor stated she found this informative. Housing has been a critical issue for this community for a long time. She inquired if there was any thought to having that topic continued next year. Ms. Krumbine stated their thought process was that each of these agencies are receiving more funding and two years worth of it. The agencies were supportive of that plan. Getting multiple years of funding helps them plan for their needs. Councilor Bushor inquired why one proposal was not funded at all while all others got some funding. Ms. Krumbine stated the advisory Board makes that decision. They score each application individually and collectively. The project was scored very low and the group did not feel they should fund it. Councilor Bushor inquired where she could find more information on that project. Ms. Krumbine stated the applications are available on the CEDO website. Councilor Bushor stated they have talked about geographic distribution and how the low-moderate census data has not been updated since the 2000 census. She inquired who is responsible for doing that. Ms. Krumbine stated they have been hearing for two years that it will be coming out any day. HUD is responsible for updating those numbers.
Councilor Knodell stated as chair of the Community Development and Neighborhood Revitalization Committee, they will be meeting this week. This is an agenda item. The Council is not approving this tonight, they are just holding a public hearing. Ms. Krumbine stated that is correct. They will bring it back to the Council for a final approval.
Councilor Siegel thanked them for their hard work and their ability to make difficult decisions with shrinking funds each year.
Acting City Council President Paul opened the Public Hearing at 7:24pm.
Paul Kervick, Living Well/Ethan Allen Residence, spoke about improving care for the elderly and spoke about the importance of this grant to his organization.
Acting City Council President Paul closed the Public Hearing at 7:28pm.
waive the readings, accept the communications and place them on file
Motion by Jane Knodell, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright
Not Present at Vote: Joan Shannon
3. Public Forum
Procedural: 3.01 Public Forum
Acting City Council President Paul opened the Public Forum at 7:30pm
Name Ward/Affiliation Subject
Richard Hillyard Ward 1 Resident School Budget
Mark Porter Ward 1 Resident School Budget
Alex Reutter Ward 7 Resident School Budget
Ron Ruloff Ward 3 Resident City Retirement System
Marni Slavik Ward 1 Resident School Budget
Acting City Council President Paul closed the Public Forum at 7:45 p.m.
4. Indoor Entertainment Permit Renewal (2014-2015)
Action: 4.01 Radio Bean Coffeehouse
approve the 2014-2015 Indoor Entertainment Permit Renewal for Radio Bean Coffeehouse with conditions
Motion by Norm Blais, second by Max Tracy.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright
Not Present at Vote: Joan Shannon
5. Presentation
Presentation: 5.01 Burlington College, re: Development (oral)(15 mins.)
Christine Plunkett, Burlington College, stated they are excited to share their campus development plans and offered to show the College to anyone who is interested. When they purchased the property three and a half years ago, it became evident that they are stewards of an important, historically significant property. There are four goals that they have in mind. The first is to ensure they meet the needs of student housing and campus growth in the long-term. The second goal is to continue to provide community access to the beautiful land, waterfront, and bike path through their property. They are a college serving the community as the North End develops, and they will have concerts, lectures, and open up their library. They want to ensure it will continue to serve community needs. Third, it was evident that they do not need the entire 35 acres. They want to use some of that land to serve some of the City’s needs. They are aware of the housing shortage, and the fact that the five colleges in Burlington occupy many rental properties. They have come up with a plan to house their own students and provide a contribution for senior housing, affordable housing, market rate apartments, and single family homes. They want to develop a neighborhood that will keep with the feel of Burlington and serve many different people. Finally, they are hoping to have the development be a unique village. It is a way to combine a college campus and a small community in a symbiotic way. For example, they may have affordable housing with a daycare in it. A single parent could have children in the daycare with Burlington College students working in it. They could allow those living in their housing to take classes at a discount.
Eric Farrell, Developer for Burlington College, stated the college plans to set a high bar for how to develop this property. There are a lot of people in the community interested in it. It is a college and community collaboration. He has done similar development with local non-profit housing agencies. The property is about 33 acres and fronts on the bike path adjacent to the lake as well as on North Avenue. The primary building is a former orphanage and a building that currently houses students. There are three parcels amounting to 33 acres. Their intent is to develop about 16 acres. The college will retain an additional 16 acres with the existing buildings. The college decided that amount of area would be sufficient for their classroom space and house their students. They are planning to expand the existing building for additional academic space, have a President’s house, a maintenance facility, student housing, a semi-public pavilion building, and a 6 acre green. On the private side, they will be earning revenue to pay down debt for the college. They will do subsidized senior housing with Cathedral Square, thirty small single family lots, and have 120 units of market rate housing that may be apartments or condominiums. They have space designated for a residential park. There is currently an informal pathway that connects North Avenue to the Bike Path. They hope to structure that and will include a bio-retention area to help manage stormwater. They expect it will take 1-2 years to go through the permitting process and would like to be on the ground in 2016. They expect the multi-family projects will happen concurrently. The property slopes downward, so even though they plan to build 4-5 story buildings, they will be at a lower elevation than the existing building on North Avenue. The impact to the streetscape will be minimal. The Green will be an outdoor space that will be about 250 feet wide and 1,200 feet long. There are a lot of features on the site they hope to preserve and enhance. They will incorporate bio-retention for stormwater management and have a rec path to connect to the Bike Path. They will do some sustainable agriculture on the site as well. They are proposing a 250 car parking garage and they will have some surface parking lots. They have had a suggestion for an amphitheater that would hide the parking garage building. They will have an opportunity for outdoor teaching in the amphitheater during warmer months and serve as a recreation area. They have a building by the green that will house the woodworking and agricultural programs. He displayed images of similar projects that have been built in Burlington recently.
Councilor Hartnett inquired if that is the only option for the height of the housing and how it would look. This is high housing on lakefront property. Mr. Farrell stated to achieve a reasonable density they will need height. The site is zoned for 600-700 units. In this plan they are proposing about 450 units. It would represent about 55% lot coverage while 60-70% is allowable. It does not represent the theoretical capacity of the site. It is ideal because of the drop in topography between North Avenue and the Lake. To achieve density for urban development there is not a more ideal site. The challenge is to make it attractive and have a neighborhood feel. Mr. Hartnett stated the new developments they have done on North Avenue are beautiful buildings. He was envisioning something a little different on this site. It is a beautiful piece of property. He hopes there is reasonable growth and structures that represent that area. Ms. Plunkett stated they will work closely with the developers and their design team. They are doing this as a partnership with others. The market rate apartments will line the edge of their campus, and they do not want to be looking at rows of dumpsters. They will look to make sure that the design fits in and makes for a beautiful campus.
Councilor Tracy stated he is an admissions councilor at UVM. He is aware of challenges facing colleges and universities in the current economic and demographic context. Colleges and universities in the Northeast are dealing with demographic challenges with declining college aged populations. He inquired how this project will fit in with demographic design. He inquired if it will be sustainable moving forward. It would be a shame for all of this to happen but then have the institution go belly up because of a lack of students. He hopes that all of this development will be fully utilized. Ms. Plunkett stated the demographics for colleges across the country are challenging. Burlington College occupies a specific niche. Vermont is number one in the country for the percentage of high school students who graduate. It is second from the bottom in the percentage of graduates who go on to further education. That is troubling because there is a large collection of high school graduates who are not getting further education. Burlington College plays a unique role because their pedagogy is based on small classes with less than 20 students. It is true that demographics for college overall are declining, but Burlington College has the ability to serve students who typically might not have gone to college at all. Governor Shumlin recognized them as the only college in the State to serve the early college program which allows high school seniors to get a head start by doing their senior year of high school in a college. Most high school seniors are not ready to walk into a 300 person lecture class, but they are able to walk into a smaller setting and do well. The niche they fill is for a demographic that is not changing. They grew 16% last year and 5% this year. In an environment when many college enrollments are dropping, theirs is still climbing. That is an advantage of being one of the 10 smallest colleges in the country.
Councilor Blais stated that Burlington College is not currently on the grand list because they are an educational institution. He inquired how this project would impact their grand list. Mr. Farrell stated the sixteen acres that will be developed would be privately owned and taxable. Mr. Plunkett noted that they are paying about $220,000 of taxes as any other institution would. Councilor Blais inquired how much the project would add to the Grand List if the project goes through. Mr. Farrell stated it could easily be $40-50 million of development.
Councilor Bushor inquired if they would keep about 6 out of 16 acres of the school section as green space. Mr. Farrell stated that is correct. Councilor Bushor inquired how much space will be dedicated to green space on the private site. Mr. Farrell stated the only singularly open space will be a 1 acre community park. There is a placeholder for a mixed use building. There is the potential for a couple of acres. He guesses they will end up with a synergistic plan with the college so the two sites work together. The green space on the college property will also benefit the residents. Councilor Bushor stated she continues to be frustrated that low and moderate income housing never provides the breathing space that other residents have. Playgrounds, the ability to grow food, and sustainability are important. They said they want to inter-mingle the development with the College. She inquired if they will still be separate parcels even though they are attempting to have seamless boundaries. Mr. Farrell stated that is correct as far as ownership goes. The college will own its land and the component parts will be independently owned. Councilor Bushor stated everyone is waiting to see what will happen with this parcel because of its potential. She thinks this will be good for housing and is glad they are anticipating some modest growth for the College.
Councilor Colburn inquired what the enrollment growth rate that this project is predicated on. Ms. Plunkett stated they are planning on long term enrollment growth to 500-700 students. They currently have 287 students. They would need student housing regardless of other projects. They are selling the buildings that they currently use for student housing. They will have to fill in the gaps for the next couple of years. They want to be able to house at least first year students. There is not much additional building on the campus side. There will be one new residence hall. There is a space holder for a second residence hall that they may use if it is needed. The pavilion building has been intended to be for the community. It will have open fields around it to hold weddings, public concerts and classes. They may move the stone house or construct a President’s house. They are committed to keeping a large amount of open land. Councilor Colburn inquired the revenue generating side will be used to pay down existing debt or debt that will be incurred for building. Ms. Plunkett stated it would be for the debt they incurred when they purchased the property. Mr. Farrell stated the sixteen acres for private development has to stand on its own and be economically feasible. It has to be self-sustaining regardless of the future of the college. The lion’s share of the revenue will go to the college. That will help them pay down their debt and will pave the way for future development of on-campus student housing that they need to help grow their enrollment. The private development may be on a different timeline than the College. Ms. Plunkett stated she does not see any construction happening on the campus side for some time. They would do a capital fundraising campaign to build the pavilion building. The private side will exist regardless of what happens with the College. Their development will be dependent on their enrollment growth.
Councilor Siegel inquired where the community access path is located. Mr. Farrell stated it lets out on the south east side of the property. Councilor Siegel stated she uses that path frequently and inquired what the status of that path will be. Mr. Farrell stated it would start and end in the same place but would be more structured and paved. It will still be accessible. Councilor Siegel inquired what will happen to the gardens that New Farms for New Americans uses. Ms. Plunkett stated they are absolutely committed to keeping community gardens. Councilor Siegel stated they would have to be relocated, which is difficult for farmers. Mr. Farrell stated the property is beautiful and is a resource to the community. It is also a housing resource with its proximity to the lake, downtown, and bus line. It is an ideal site for development. Councilor Siegel stated she does appreciate the benefits of it.
Councilor Mason inquired how quickly they envision beginning the permitting process. Mr. Farrell stated he expects to begin the process in the late summer and early fall. This is a conceptual master plan. They will go to the Development Review Board with this kind of broad brush plan before they do engineering so that they can get meaningful feedback.
Councilor Legrand inquired what kind of staffing changes they anticipate as the college grows. Ms. Plunkett stated they have a formula for staffing. They are committed to classes being under twenty students. As enrollment grows, they add additional faculty. At the moment, there is a full-time Department Chair for each area of academic study. They also have a pool of about 100 adjunct faculty members from the community that they are constantly growing. They currently have one person in each Department. As they get up to 500-600 students, that would have to grow.
Action, Communication: 5.02 Burlington School District, Presenters: Patrick Halladay, Miriam Stoll and David Larcombe, re: Revised Burlington School Budget for Fiscal Year 2015
Miriam Stoll, School Board, stated she is a School Board member because she is an unabashed supporter of the Schools. They are an important part of their life and their town. Good schools matter and she thanked them for spending time looking at them. She thanked their new Board members who have worked very hard to create a plan to move forward. It is reasonable, exciting, and she believes it will be successful. They held a special Board meeting, and they settled on a budget. After considerable discussion and study, they crafted a budget of $67.4 million. It will pay off a prior deficit from FY13 of $1.2 million. It will absorb losses of revenue that the District is experiencing due to changes in federal funding. The budget is built on a strong foundation. They have moved away from the faulty process of budgeting that the District had been involved with for the past several years. In the past, the District would look towards setting up its next budget based on what they knew about their prior year approved budget rather than looking at what they were actually spending over the course of the year. This was pointed out to them by an audit that the Board requested. They then began to work to determine what they were actually spending. This budget is based on a better process. One person that spoke earlier spoke about the importance of data. They have done the best they can to look at it and make choices based on it. They have not been able to scrub down to the bottom of the budget and make sure they are 100% certain of all of their numbers. That will be their next step. This budget drastically pares down what the District is spending with $2.5 million in cuts. They have minimized cuts that would impact classrooms and learning. They looked for places where obvious efficiencies could be made. The choices were hard, and they are cutting nearly half of the professional development that teachers expect. They have a moratorium on spending for one on one technology. They have taken Spanish out of elementary schools. They have cut para-educators, which means teachers will have to shift how they teach. They have looked carefully and believe that they have made good choices rather than just cutting across the entire budget. Many people have asked why they are bringing back a budget that is higher than the one that was voted down. This budget is not arbitrary or focused on getting to a specific number. It is a budget based on their needs and opportunities. They got pretty close to the number of the defeated budget, but not quite. It would have been easier to present a budget that was lower than the defeated one, but it would not have been the right thing to do to support the Schools and community. They went as far as they felt they could reasonably go while maintaining key elements of education. Even though this budget is higher, it represents an actual reduction in spending each year. They looked at their actual spending, and are going to spend less than that next year. There is no district in Vermont where this is happening. This is a radical departure in budgeting. This budget will put them on a new path and allow them to avoid having a deficit for the first time in a number of years. It will set the Schools on a new trajectory.
Patrick Halladay, School Board, stated he is an ardent supporter of the Schools. There is a lot of good news in this budget. Their kids are in a really good School District. They provide kids with opportunities that are not present in other areas of the State. Kids are exposed to diversity of culture, language, and teaching. They have worked to come up with financial controls that are commensurate with the quality of teaching and learning in the community. Getting to a budget number has been a lengthy, arduous process. The next step will be to fully clarify the numbers. He believes they are good numbers, but is not positive that they are precise numbers. They need to continue to dig deeper and ensure they have full understanding of how the budget was created. They also need to make sure they have controls on financial processes in the District so they can create future budgets based on sound numbers. They need controls on spending and to have better systems in place. They have begun to have those conversations, but more work needs to be done. They also need a long term budgeting strategy to bring spending under control and to reflect a better budgeting process. There are other steps that they do not yet know and will determine based on their additional work. They will need to work to rebuild the trust of the community. The City has reached out to them with an offer of being a different kind of partner. They are willing to continue to have discussions about how they can use the City’s expertise to put financial controls into place. The FY15 budget is approximately a 0.6% reduction in actual spending from the FY14 budget. It is a balanced budget and will cover the FY14 deficit and cover the new teacher salary.
Councilor Wright stated they have a tough sell to the voters of Burlington when asking them to approve a higher budget than the one they defeated. He inquired when and why the audit was requested. Ms. Stoll stated in early April, they received a planned audit report for their FY13 numbers. They also had a consultation based on their deficit. They requested that in late March when the Finance Committee was informed that there would be an unexpected deficit. There was not a clear answer about the full extent of where this deficit came from. When they started talking about the cause, the answer seemed like it would not be simple. The Board asked the administration if they had resources to look at the issue themselves in a timely manner. They were told that they would not, so the Board requested an audit. They came in and worked very quickly. The results of that audit were available on April 10. That is when they received information about their budgeting practices. Councilor Wright inquired if this would have happened in the same way if the voters had passed the budget on Town Meeting Day. Mr. Halladay stated they would have found out about it because they would have known that there was a deficit. If the budget had passed on Town Meeting Day, and they found out about this level of deficit, they would have had to maintaining the Town Meeting Day budget while going through a new budgeting process to arrive at the same total number while covering their deficit and other expenses. That would have resulted in a greater set of cuts. Councilor Wright stated if the Town Meeting Day budget had passed they would have been stuck with a smaller number than what they will ask for in this special election. Ms. Stoll stated they would have set themselves up for another deficit. She believes this gave them an opportunity to find out about the deficit before they passed the budget. Councilor Wright inquired how they arrive at the default budget number. Ms. Stoll stated that is a formula that comes from the State. Initially, the default budget was lower than what it is now. That has to do with how revenues are accounted for. David Larcombe, Schools, stated the City Charter makes a provision for a default budget, which is a unique provision. Education spending amounts are the difference between the General Fund expenditures and revenues. The amount can increase by a certain amount based on changes to the base education amount multiplied by the number of equalized pupils. Councilor Wright stated he heard new commissioners on the School Board asking for data that they were unable to get. He inquired why a new commissioner is unable to get information that they need to make informed decisions on these issues. Ms. Stoll stated she does not know the answer to the question.
Councilor Tracy stated this is a very tough sell. It is made more difficult about the recent disclosure of some of the financial mismanagement that is happening at the administrative level. In order to pass this budget in this political context, there will need to be two crucial elements. The first is a plan for administrative transition, which means new leadership at the Schools. He inquired if that is something the School Board is considering. The second is trying to project forward into the future to give voters confidence that if they pass this budget, they will not continue to face these increases each year. Mr. Halladay stated they are unable to speak to any personnel issue. The financial culture in the Schools needs to change. There needs to be greater accountability, better access to data, and transparency in the creation and spending of the budget. Reviewing the current culture and updating it is very important. That will lead into their long term process. By changing the culture and making sure they are going through a budget creation process and have spending controls in place will be major steps to planning for the future. Ms. Stoll stated they will be holding Finance Committee meetings weekly until they clear things up. At their next meeting, they will develop a work plan for the next three years. If they want to get the people of Burlington behind this budget, they do need to demonstrate they are working on that. Councilor Tracy stated they have done a good job of unraveling a complicated story. He inquired how they intend to get this information out to voters. Part of the issue with the last round of budgets was a lack of understanding around what is included in the budget. Mr. Halladay stated the previous budget was built around a number and not a philosophy. It is much harder to gain support for a number. The job that the Board has is articulating how this budget came together and what drove their decisions. They broke down all of the proposed cuts into different categories. Those with direct classroom impact were the things that they went out of their way to protect the most. This is how they made the decision to cut paraeducators and maintain the class size that they have. They have retained as many classroom teachers as possible. Being able to explain the logic behind the budget and how it was constructed is important. Ms. Stoll stated they are looking for help because they want people to support the budget and they need determine how best to get the message out to voters. There is a large number of supporters helping them and messages have started circulating on Front Porch Forum. She would love to see active, vocal support from the City Council and Mayor. Mr. Halladay stated this is the first step and there are many more to go. Gaining long term control of the financial process, implementing controls on spending and their ability to partner with people who can help is an important piece of that message.
Councilor Bushor stated she attended the last School Board meeting. One of the biggest problems with any budget they will present will be getting the message out. She feels the School Board could do a better job of selling it and taking their message to the residents. As a City Councilor, she often gets questions about the School Budget. School Board members rarely attend NPA meetings, but those meetings are televised and people watch them. It is helpful to provide updates and report on a regular basis as well as sending messages via Front Porch Forum. She inquired when they need to have a budget approved in order to get the item on the ballot. Mr. Halladay stated they have an approved budget and are planning for a June 3 election. Councilor Bushor inquired if that is the latest date they could bring an item forward. Mr. Halladay stated they could bring something forward later. They chose June 3 because there are a number of teachers who have Reduction in Forces notices waiting in their hand and they would like to resolve that as quickly as possible. Waiting longer means that schools are out and more people are out of town on vacation. Fewer people will be present to participate in an election. Councilor Bushor stated the reason she asked is because some Finance Committee members made a motion to amend the budget and talked about a 4.9% cut on services to property. That would have saved about $850,000, but there was a reluctance to support that because people were worried that it would gut the budget and cause unanticipated damage. During that meeting, she felt they were held hostage because they felt they did not have some of the data that they needed to make those decisions. That is her biggest problem with the budget at that time. She understands that this budget is based on more fact than the last one, but she would like to know if they could eliminate some of the money in that budget without harming teachers or students. Everyone supports the schools and students, but they have a community with a lot of low to moderate income people and seniors. It is not that they do not support the schools, they just cannot afford it. People are concerned about constant requests for increases. She got a phone call from a former School Board member asking why the business manager position has changed hands so frequently. She felt that lack of continuity could be key in why some of these problems have arisen. She agrees that there could be some validity to this concern. Mr. Halladay stated there has been a lot of turnover in business managers in the last five years, which does present challenges. They have done some work to look at a way to bring in software that will better account for the money and spending to lead to better budgeting. Councilor Bushor stated over the past few years, the City Council has reached out to the Schools to work to collaborate to save money such as joint purchasing and service delivery. Some requests have been ignored and others have not gotten traction. She hopes they can realize that they are one City with one group of taxpayers who need to receive better services at an affordable price. Mr. Halladay stated the City and Schools have created a Cost Cutting Committee which is an important step, but there is more that they can do.
Councilor Brennan stated this is going to be a tough sell. He is supportive of the Schools. They say that the items they are cutting will not affect students directly. They mentioned are paraeducators, who play a significant role in creating stability in the classroom. Mr. Halladay stated there are sixteen paraeducators working in kindergarten classrooms in the School. They helped provide support to students who are still learning the norms and mores of education. They were faced with a decision to either cut the paraeducators or to cut five additional teachers. By cutting the teachers, the class size would have increased from 20 to 25. There would have been a paraeducator only in kindergarten classrooms, but all students in the district would have been affected by larger class sizes. They chose to keep class sizes the same and to maintain the certified staff at their present level. Councilor Brennan stated they spoke earlier about the diversity of Burlington and different languages that are spoken. However, they are cutting Spanish. It was exciting to have many children with different native languages learning to speak a new language together. That was a unique enrichment that is new to Burlington. Mr. Halladay stated it would have been a great idea to keep Spanish in the elementary school. The problem is that the program was never fully implemented as it was intended to be. The number of Spanish teachers was too few to implement the program. There was never a clearly articulated curriculum where classes built on what was learned in the previous year. The program ended up being repetitive and the quality of the instruction was not as good as it should have been. In Middle School, students received an exploratory model of foreign language where they would spend six weeks on Spanish education. That did not serve a great purpose since they already had five years leading into Middle School. For it to be a good program, they would have had to invest more money into it. There was not the support to expand the program to make it serve the linguistic needs of kids from Kindergarten to 6th grade. He does not see value in spending the money to do it poorly. The teachers in the program did a good job, but there was not enough capacity to meet the demands of the program. Councilor Brennan stated in the past, the taxpayers were told that this program would enrich education. It is unfortunate to hear that it was not run well, especially as they are trying to sell this budget. He is having a hard time getting behind this budget, and he thinks it will be even more difficult for people who do not have children who are living on a fixed income. Mr. Halladay stated he is hoping that this budget is demonstrating that it shows fiscal responsibility. It is a real numbers cut in expenditures from FY14. He understands that does translate into a tax increase, but he believes it is important to realize the fiscal restraint represented in this budget. The number is higher because previous budgets were based on faulty information. Councilor Brennan stated they will have to look at the current administration to garner support for this budget. They need to consider a change.
Councilor Knodell stated she is glad to have heard references to the need to get spending under control. In this current fiscal year, they have $3.5 million in spending beyond the current budget. They have a current year projected deficit of $2.6 million. She inquired how they will be able to spend more than they are taking in as revenue. Ms. Stoll stated this represents a change in City policy. In the past, the Schools expenses have been covered by the City’s sweep account. They have been charged interest on that account. Her understanding is that will change. When they overspend, they will either enter into an agreement with the City with a set interest rate or they will seek a bank loan. Councilor Knodell stated in the materials they were provided, they have a recommended FY15 total expenditure of $67.6 million. They cut about $200,000 at their last meeting, so the budget will be $67.4 million. She found the sheet on the tax rate increase difficult to understand, and inquired what the expected increase in the tax rate will be for the $67.4 million budget. Mr. Larcombe stated that will represent a 6.1% increase in the tax rate. Councilor Knodell inquired what the rate will be. Mr. Larcombe stated it will be 1.6189. Ms. Stoll stated that tax rate is not completely under their control. The number is based on their current estimation of the tax rate. Councilor Knodell stated the number in the newspaper listed the default budget at $66.7 million. Mr. Larcombe stated that is correct. Councilor Knodell stated that number is not that different from the $67.4 million. She has heard several times that there is a lack of full confidence of the numbers. Their first job needs to be to rebuild financial support and expertise that the Department has at its disposal.
Councilor Blais thanked the School Board for their work in this difficult situation. He is heartened to hear that they are willing to look for help. He expects the full School Board would take the City up on its offer for help. He sees in the City’s Annual Report that the City approved a School Budget of $62.7 million. He heard tonight that number was actually about $900,000 higher because of adjustments from the State. He inquired how they get from $63.7 million to $67.4 million. Mr. Larcombe stated there was an adjustment in the way that expenditures were reported. That brought the total from $62 million to $64 million. In the past, they had a practice of reporting expenditures to pay off a deficit as negative revenue. The State has said that is no longer acceptable, so after they approved the $62 million budget, they had to make that change which brought it up to $64.4 million. Their base amount is $64.4 million. The question relates to the default budget. That number is not based on their expenditure budget. It is the difference between the expenditure budget and other revenue sources. The amount of education spending in the current year is $54 million. The Annual Report lays it out in detail. Ms. Stoll stated she has tried to create step by step explanations for some of these things. She will create a step by step to take people through how they got to the default budget.
Councilor Hartnett stated he respects the fact that they cannot talk about personnel matters, but he feels that if they cannot talk about them before this gets voted on, they may as well not bring the budget forward. They are in a situation where the voters do not trust the administration. The budget was defeated not because voters did not want to pay the additional money, but because they did not trust how it would be spent. They are asking a lot of the voters to regain their trust. They will have to earn that back. When the new administration took office, it would have been easy to ask for a tax increase. Instead they made cuts and had a tough year. Once they took that year and regained the confidence of the voters, they were able to come back and ask for an increase when they were able to explain what they needed and why. The voters will support a School Budget because people who live here want good Schools. Some of the biggest School supporters voted against the budget. He supports the schools, but they cannot continue down this path. He hopes they will take their time to get the data that they need and find out where they are. Taxpayers will have to fund the deficits they have discovered. They need to take time to create a budget they can all get behind. He inquired what information they used to determine they should cut $50,000 from the High School Athletic Budget. Ms. Stoll stated there was an issue last year when they made a cut to that budget. They had a public outpour as a result of that. They had a lot of knowledge about that, but did not have a line by line budget for that Department. They do have a sense of the overall budget and they were able to talk to people to decide what would be an appropriate cut that they could absorb without cutting a team or coaches. Councilor Hartnett stated last year he requested a line by line budget for the Athletic Department. He felt an audit needed to be done on that Department, but nothing was done. He has a problem with them slashing funding without having line by line budgets or fully understanding how that department works. Everyone he has talked to has said they know that there is a problem but nothing has been done. That says a lot. It was more noteworthy to him that three long-term School Board members were voted out of office on Town Meeting Day than the fact that the budget was defeated. The voters were sending a message. It is frustrating to see that they are slashing budgets without fully understanding them just to get a budget in front of the voters.
Councilor Colburn stated there has been a lot of conversation about the relationship between the City and the Schools. They alluded to the Charter Change resolution that they were considering. The latest revision to that resolution calls for the City’s CAO to temporarily serve as a financial administrator for the School Department for the FY15 and FY16 budget cycles. She inquired how they feel about that arrangement and whether or not it would be a good resource to help them gain access to data that they need. Mr. Halladay stated he cannot speak for the full board. There are some on the Board who feel that it does not do enough, and others who think it goes way too far. There is support, in general, for having a more formal relationship with the City where they could use the expertise of the City to understand their budgeting and expenditure process. They still need to have conversations about the nature of that relationship. He does not know what level of oversight the Board would be comfortable with. There are several people who would welcome a greater relationship with the City. Ms. Stoll stated she agrees. Many would welcome a more collaborative and formal relationship. There is a sense of urgency about this, and the discussions are happening now. There is also an acceptance of the idea that there needs to be change and they need to focus on their finances. Mr. Halladay stated they also do not want to rush. They need to consider implications about what is legal under the City Charter and State Law. They cannot enter into an illegal agreement.
Councilor Mason thanked the Board for their hard work and their willingness to work with the City. He inquired if the cuts and adds are to the FY14 actuals. Ms. Stoll stated that is correct. They based those numbers on what the cost would have been if they kept the same programs. They listed cuts and adds from that. Councilor Mason inquired if there are adds in the proposed budget that were not in the defeated budget. Ms. Stoll stated every add except for one was in the defeated budget. Some of the adds are less than what was defeated. The only additional item is $150,000 for program contingencies.
Councilor Wright stated he understands the feeling of not wanting to rush into a partnership with the City. He is unsure that the five week period leading up to the Special Election is off to the best start. He appreciates their hard work, but they had a meeting last week where the superintendent was not there to answer questions. It seemed like it would have made sense to step back and held the Special Election later in June. He is concerned to hear that they are working with imprecise numbers, as that does not instill confidence in voters. It is difficult to understand how they came up with the default budget number. He inquired if the State would agree that the default budget numbers are correct. Mr. Larcombe stated they would. Mr. Halladay stated he believes that the numbers are good, although they could be imperfect. Budgets evolve and they may not be perfect. They have done due diligence to ensure the numbers that they have are better than what they had in the initial budget. They are under a time constraint, and they need to move quickly. They do not want to rush into a faulty decision, but they are not able to have perfect numbers at this time. This is a good budget with good numbers. He would be cautious to cut further than they have because they do not understand what those impacts may be. Ms. Stoll stated they heard earlier that you cannot cut your way to success, which she believes is relevant. Cutting further is very risky. One of their Board members is an economist, and she has said that when they make a dramatic cut to the system, there is a point where the system will tumble. Putting too much of a shock on the system can cause problems. She feels that this budget has come down to a good place and they have been very aggressive, but they are also comfortable that they will not make the system fall apart. Councilor Wright stated he agrees they cannot cut their way out of the problem, but the issue is confidence in the voters. He believes they have done good work, but he believes that they need to show the voters something beyond the budget that shows they are changing going forward.
Councilor Siegel stated she likes to try to think to future generations. The trend that they are on with federal funding is that this will get worse. The military budget is growing and the education budget is shrinking. She finds that very challenging. She understands that it is beyond their prevue as a City Council, but she wants to keep it on people’s minds. The F-35 program has received $400 Billion, which would fund 6,000 of these budgets. One plane would fund two of them. They could be educating children to be diplomats and they could find shared international security.
Mayor Weinberger stated they are fortunate in Burlington to have a School system that works and provides their children with outstanding learning opportunities. He is thankful for the education is daughter is receiving. It is rare and valuable for a City of their size to have such a high quality School System. This system can only be sustained through the long term trust of the voters and taxpayers. It is clear that this trust has been damaged. For the good of the students, it is important that this trust is repaired quickly. He appreciates the work that the School Board has done. It is clear that the process of rebuilding trust will need to continue for some time and more will need to be done. To pass the current budget proposal and future proposals, he believes they need to take concrete steps to show that the mistakes of the past will not be repeated. He believes that the current administration has done important things for the School District, particularly their commitment to the magnet schools, but an early step to regain trust must be a change in School leadership. The City has offered to partner with the Schools, and they are still discussing what form that partnership may take. When he made this offer, he did have some concerns because he believes that the efforts will be substantial, but the future of their children must be a top priority. If the City can help the Schools through this challenging time, they should. He hopes that this effort will help them achieve other major goals, namely better coordination of resources and improved project planning. They also hope for a reduction of the property tax growth that has occurred.
Acting City Council President Paul stated she has appreciated the thoughtful and productive comments of her colleagues.
waive the reading, accept the communications and place them on file
Motion by Jane Knodell, second by Sharon Bushor.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright
Not Present at Vote: Joan Shannon
6. Consent Agenda
Action (Consent): 6.01 Approve Consent Agenda
Approve Consent Agenda and Take the Actions Indicated.
Motion by Selene Colburn, second by Jane Knodell.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright
Not Present at Vote: Joan Shannon
Action (Consent), Communication: 6.02 Communication: Amy Bovee, Executive Secretary re: Applications for Renewals of License Agreements for Encumbrances Outside of the Church St. Marketplace for the 2014-2015 Season
Resolution: waive the reading, accept the communication, place it on file and approve the 2014-2015 Encumbrance Renewals per the attached list *add Orange Leaf to the list*
Approve Consent Agenda and Take the Actions Indicated.
Motion by Selene Colburn, second by Jane Knodell.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright
Not Present at Vote: Joan Shannon
Action (Consent), Communication, Resolution: 6.03 Resolution: Creation of Limited Service Outside Plant Technician Position and Elimination of Telecom Support Specialist Position - Burlington Telecom (Board of Finance)
Resolution: waive the reading, accept the communications, place them on file and adopt the resolution
Approve Consent Agenda and Take the Actions Indicated.
Motion by Selene Colburn, second by Jane Knodell.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright
Not Present at Vote: Joan Shannon
Action (Consent), Communication, Resolution: 6.04 Resolution: Authorization to Accept Grant Funds for FY 15 In Support of The Development of A Flow Restoration Plan for Englesby Brook (Board of Finance)
Resolution: waive the reading and adopt the resolution; waive the reading, accept the communication and place it on file
Approve Consent Agenda and Take the Actions Indicated.
Motion by Selene Colburn, second by Jane Knodell.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright
Not Present at Vote: Joan Shannon
Action (Consent), Resolution: 6.05 Resolution: Authorization to Enter into License Agreement to Maintain Tables and Chairs on A Portion of The City's Right-of-way with Radio Bean (License Committee)
Resolution: waive the reading and adopt the resolution
Approve Consent Agenda and Take the Actions Indicated.
Motion by Selene Colburn, second by Jane Knodell.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright
Not Present at Vote: Joan Shannon
Action (Consent), Communication, Resolution: 6.06 Resolution: Approval of Request for Fund Balance Appropriation and Related Budget Amendments to FY 14 Stormwater Fund 245 for Construction of Drainage Improvements at The Main Street and South Winooski Avenue Intersection (Board of Finance)
Resolution: waive the reading and adopt the resolution; waive the reading, accept the communication and place it on file
Approve Consent Agenda and Take the Actions Indicated.
Motion by Selene Colburn, second by Jane Knodell.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright
Not Present at Vote: Joan Shannon
Action (Consent), Communication, Resolution: 6.08 Resolution: Approval of Request for Budget Amendments to FY 14 Capital Improvement Program Budget for Efficiencies and Cost Savings to Proposed Budgets (Board of Finance)
Resolution: waive the reading and adopt the resolution; waive the reading, accept the communication and place it on file
Approve Consent Agenda and Take the Actions Indicated.
Motion by Selene Colburn, second by Jane Knodell.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright
Not Present at Vote: Joan Shannon
Action (Consent), Communication, Resolution: 6.09 Resolution: Request for Contract Approval for Engineers Construction, Inc. to Replace the Ramp at Fire Station #1 (Board of Finance)
Resolution: waive the reading and adopt the resolution; waive the reading, accept the communication and place it on file
Approve Consent Agenda and Take the Actions Indicated.
Motion by Selene Colburn, second by Jane Knodell.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright
Not Present at Vote: Joan Shannon
Action (Consent), Resolution: 6.10 Resolution: Approval of Substitution of Capital Projects in FY 14 Burlington Telecom Budget (Board of Finance)
Resolution: waive the reading and adopt the resolution
Approve Consent Agenda and Take the Actions Indicated.
Motion by Selene Colburn, second by Jane Knodell.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright
Not Present at Vote: Joan Shannon
Action (Consent): 6.11 Communication: Lori Olberg, Licensing, Voting & Records Coordinator and Amy Bovee, Executive Secretary, re: Minutes, Regular City Council Meeting, January 6, 2014, Draft
Resolution: waive the reading, accept the communication, place it on file and adopt the minutes at the May 12, 2014 City Council Meeting
Approve Consent Agenda and Take the Actions Indicated.
Motion by Selene Colburn, second by Jane Knodell.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright
Not Present at Vote: Joan Shannon
Action (Consent), Communication: 6.12 Communication: Lori Olberg, Licensing, Voting & Records Coordinator and Amy Bovee, Executive Secretary, re: Minutes, Regular City Council Meeting, January 13, 2014, Draft
Resolution: waive the reading, accept the communication, place it on file and adopt the minutes at the May 12, 2014 City Council Meeting
Approve Consent Agenda and Take the Actions Indicated.
Motion by Selene Colburn, second by Jane Knodell.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright
Not Present at Vote: Joan Shannon
Action (Consent), Communication: 6.13 Communication: Lori Olberg, Licensing, Voting & Records Coordinator and Amy Bovee, Executive Secretary, re: Minutes, Regular City Council Meeting, February 10, 2014, Draft
Resolution: waive the reading, accept the communication, place it on file and adopt the minutes at the May 12, 2014 City Council Meeting
Approve Consent Agenda and Take the Actions Indicated.
Motion by Selene Colburn, second by Jane Knodell.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright
Not Present at Vote: Joan Shannon
Action (Consent), Communication: 6.14 Indoor and Outdoor Entertainment Permit Renewals (2014-2015): see attached list
Resolution: waive the reading, accept the communication, place it on file and approve the 2014-2015 Indoor and Entertainment Permit Renewals listed with all standard conditions
Approve Consent Agenda and Take the Actions Indicated.
Motion by Selene Colburn, second by Jane Knodell.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright
Not Present at Vote: Joan Shannon
Action (Consent), Communication: 6.15 Communication: Lori Olberg, Licensing, Voting and Records Coordinator, re: Accountability List
Resolution: waive the reading, accept the communication and place it on file
Approve Consent Agenda and Take the Actions Indicated.
Motion by Selene Colburn, second by Jane Knodell.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright
Not Present at Vote: Joan Shannon
Action (Consent), Communication: 6.16 Special Event Outdoor Entertainment Permit Application (one day only): Burton Snowboards, 5/9/14, 4 p.m. - 7 p.m., Dancing, Amplified Music
Resolution: waive the reading, accept the communication, place it on file and approve the one day only special event outdoor entertainment permit application for Burton Snowboards to include the possible rain dates: May 10th or May 16th
Approve Consent Agenda and Take the Actions Indicated.
Motion by Selene Colburn, second by Jane Knodell.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright
Not Present at Vote: Joan Shannon
Action (Consent), Communication: 6.17 Special Event Indoor Entertainment Permit Application (one day only): El Gato Cantina, May 3rd, 10 p.m. - 1 a.m., Cinco De Mayo Celebration, Salsa dancing
Resolution: waive the reading, accept the communication, place it on file and approve the one day only special event indoor entertainment permit application for El Gato Cantina
Approve Consent Agenda and Take the Actions Indicated.
Motion by Selene Colburn, second by Jane Knodell.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright
Not Present at Vote: Joan Shannon
Action (Consent), Communication: 6.18 Communication: Eric Bradford, Sunset Cliff resident, re: South Forty Solar proposal
Resolution: waive the reading, accept the communication and place it on file
Approve Consent Agenda and Take the Actions Indicated.
Motion by Selene Colburn, second by Jane Knodell.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright
Not Present at Vote: Joan Shannon
Action (Consent), Report: 6.19 Report: Karen Paul, Chair, Parks, Arts and Culture Committee, re: Annual Report
Resolution: waive the reading, accept the report and place it on file
Approve Consent Agenda and Take the Actions Indicated.
Motion by Selene Colburn, second by Jane Knodell.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright
Not Present at Vote: Joan Shannon
Action, Communication: 6.20 Communication: Authorization for Budget Amendment –BT
Resolution: waive the reading, accept the communication and place it on file
Approve Consent Agenda and Take the Actions Indicated.
Motion by Selene Colburn, second by Jane Knodell.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright
Not Present at Vote: Joan Shannon
Action (Consent), Resolution: 6.21 Resolution: Authorization for Public Improvement Bonds for Fiscal Year 2015 (Board of Finance)
Resolution: waive the reading and adopt the resolution
Approve Consent Agenda and Take the Actions Indicated.
Motion by Selene Colburn, second by Jane Knodell.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright
Not Present at Vote: Joan Shannon
7. Deliberative Agenda
Action: 7.01 Resolution: Charter Change Concerning School Budget Approval (Councilors Wright, Hartnett)
Councilor Wright stated they have heard the presentation from the School Board and have heard concerns around the City after the School Budget was solidly defeated. They then heard a series of bad news related to the IRS issue and deficits. There is a lack of confidence in the School District, which endangers any possibility of passage of the new school budget in the upcoming election. These factors drove the creation of this resolution. In the past, the Charter required the School Budget to be approved by the City Council. There may be obstacles to returning to that system, but he believes it would be worth having the Charter Change Committee look at that issue. In addition, they have added language relating to oversight of the Schools. They have also added language about the CAO and the City partnering with the Schools for finances in the next two years. They are urging the School Board to sign on to that with the City. It is critical that the School Board shows voters that they are making significant changes to the way that they operate and that they need and will accept help. He believes this will help them move forward.
Councilor Hartnett stated this resolution will only work if the School Board wants it to. He wants to partner with the School Board. Every person who has spoken tonight has mentioned a change in the administration, which should not be taken lightly. They need to come together to move forward. He hopes the School Board will return with an answer. Their answer will determine how they will proceed towards June 3. It will be a daunting task to get this passed. He wants full support from the School Board.
Councilor Mason spoke in favor of the resolution. He had concerns about giving the Council more responsibility in School budgeting because he does not want them to have too much to do without the staff or resources to do it. He believes that this is a meaningful step that the Board can take to restore trust by piggybacking on the expertise that the City can offer.
Councilor Ayres stated he has seen this resolution as the elephant in the room as they have heard a detailed report from the School Board on where things stand with the budget. It has been said that some feel it has not gone far enough while others feel that it goes too far. He believes that it goes just far enough. There has been talk about a sense of urgency that overlays this situation. He believes that the most urgent element is restoring the confidence of the people of Burlington in the School system. It has been suggested that they should not rush into an agreement where the City will provide more oversight, yet they seem willing to rush towards a vote on June 3 without adequate oversight of the budget. He is very supportive of this resolution. It is clear that there is a need from deep seated financial expertise to steer them out of the mess they are in, and this resolution is offering them access to that expertise.
Councilor Colburn inquired about the nature of the help that has been offered and how they envision CAO Rusten providing this assistance. Mayor Weinberger stated there are a lot of details still to be worked out. Fundamentally, he envisions a system in which the School Board would retain their fiduciary responsibility and have ultimate decision making authority on budgetary issues. The CAO would have significant managerial authority and authority in proposing, framing, and approving expenditures. How that will work is still being discussed. It does not strike him as a conflict for people who have a broader understanding of City finances to be engaging in the budgeting process. There is broad agreement that they need more of that, and the Cost Control Committee will be focusing on this. This is envisioned as a temporary arrangement. The hope would be to have broad benefits to both institutions by having this kind of collaboration.
Councilor Siegel stated she will likely vote against this. She does not believe that they have more expertise as a body than the School Board does. She is afraid that this will politicize the School Board in a way that will not help Burlington’s children. Everyone agrees that they have financial issues to address, but they do not need the City as a supervisor to do that. It will create a dynamic where they have power over the School Board. She is interested to know what they will hear at the Charter Change Committee, but she will vote against it at this time.
Councilor Bushor stated she supports the portion of the resolution that states they will have a discussion about what practices they used to have and what they should do in the future. They have had different relationships with the School Board and voters in the past. She is concerned with the final resolved clause. The Schools will have a very talented individual providing insight into the budget, but she is concerned because there is only one CAO and he needs to serve the City. She is concerned they will be diluting his abilities and time to spend on City issues. The City has some onerous financial issues as well. They have crumbling sidewalks, streets, and infrastructure. She knows that the Mayor has a vision for a joint capital fund for the City and School, which she is on board with. Some of this will occur whether they move forward with this model or not. She is concerned that they will be doing this for two years. She does not know if having the CAO being responsible for the financial decisions of the School Board means that he is contracted with the Schools, or if it means that the City Council has more immediate oversight of the School budget. She is concerned that they would need to be more engaged in their budget. They have a lot on their plates and the School Budget has complexities that she does not fully appreciate. The funding formulas are complicated. There needs to be some step taken, but she is cautious about what is being proposed.
Councilor Legrand stated she supports the resolution. There are serious concerns and they extend beyond finances. She does not believe that the City is taking charge. They are offering oversight and the School Board will be telling the City what they need. As the School Board continues to look at their budget, the City will help them achieve their needs. The last clause of the resolution states they will partner with the School Board to help rebuild trust.
Councilor Blais stated he does not see this as a matter of power, but one of responsibility. There is a dichotomy between the City and School side, but if there is a failure on the School side, they feel it on the City side. Many voters would be upset to hear that the deficit that has been run up by the Schools is being paid by the cash pool. They have a responsibility to make sure that does not happen, and if it does that the voters are aware of it. In the payroll tax issue, the federal government has full authority for the City to take care of.
Councilor Knodell stated the last resolved clause offers financial management assistance through their Chief Administrative Officer. It does not envision oversight by the City Council. She would like to see the School Board be in a position in two years to resume full autonomy while working in conjunction with the City. She sees the role of the CAO as ensuring there is a funding source behind every dollar that they propose to spend. That has not been the case. The School Board is making sure that their budget is supporting the learning outcomes that they hope to achieve. The language that set up the Cost Control Committee stated they will cooperate on a management consultant study to explore centralization of some City and School financial functions under the CAO’s office’s responsibility. It also agrees that they will meaningfully engage the CAO through the School’s FY16 budget process. This is a natural evolution of something they have already decided to do. This two year period will help them achieve the goals of the resolution they have already adopted. She hopes the School Board will see this as something that will help the Board succeed and not an effort to take over their function.
Councilor Brennan stated he will be supporting this resolution. They heard a proposal regarding new housing earlier tonight. Without a good school system, they will not have people wanting to buy new property. They need a well-functioning and managed school system that is thriving and producing students who want to live and prosper in the City. There has been a lack of confidence in the current administration. This lifeline that they are putting forward will help them move through this transition period. Many people have called for a change of administration, but this is easier said than done. Any change will come at an expense that has not yet been calculated in this budget. He does believe that the time has come for change to happen.
Councilor Wright stated he does believe that this is an extraordinary move, but this is because they are in an extraordinary time when voters have lost confidence in the School Board and District. Otherwise they would not be doing this. He hopes that the Council will be able to strongly get behind this to send a strong message. It will also be helpful for them passing the budget. He was here when they had their previous system in place, and he is not sure that he believes that they should return to that, but they should at least look at it. Even if they had that, they did not micromanage the School District. It simply gave the Council and Mayor more leverage if a budget was submitted that was unacceptable to people. He has not heard the School Board reject anything that they are considering, and he hopes the Council will support this resolution. He inquired if the CAO feels he will be able to take on this additional work. CAO Rusten stated when he became CAO he never considered that he would be working on the School Budget. He has gotten involved because it was requested of him and because there is an interrelationship between the City and School budget. He has raised the concern about the workload, and in conversations with the Mayor they have stated they may have to restructure some of his work. They have also talked to the School Board about the fact that they would have to bear any additional costs associated with his work. He does not assume that he has all of the answers, although he does have some experience with education finance. They will have to work collaboratively. If he is spending time to assist the School Board, he wants to make sure it is utilized in an appropriate way. They will have to work to find a balance of collaboration and a sense of control when moving things forward. Councilor Wright stated he hopes the Council votes to send a strong message and will vote to support this.
waive the reading and adopt the resolution
Motion by Kurt Wright, second by Dave Hartnett.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Max Tracy, Kurt Wright
Nay: Rachel Siegel
Not Present at Vote: Joan Shannon
Action, Report: 7.02 Report: Eileen Blackwood, City Attorney, re: Annual Report on Livable Wage Ordinance
Accept the communication and place it on file.
Motion by Selene Colburn, second by Jane Knodell.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright
Not Present at Vote: Joan Shannon
Councilor Colburn inquired what the impediments to getting the tracking system in place are and what the timeline will be. City Attorney Blackwood stated they had hoped to have a contract management software program in place. That would allow them to track the livable wage, but also have a broader ability to follow contracts in the City and ensure that their office is reviewing them. It would help them monitor when contracts were up for renewal. The IT staff in the City began to look at their options, but have not yet made a recommendation due to time constraints. They will need to do some research before determining what product will best fit their needs.
Suspend the rules and complete the agenda
Motion by Kurt Wright, second by Sharon Bushor
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright
Not Present at Vote: Joan Shannon
City Attorney Blackwood stated in the meantime they will set up an Access Database to track livable wage. It will not have the same detail as the software that they were hoping to have in place. Councilor Colburn inquired when they plan to have that system in place. City Attorney Blackwood stated the database has been designed and they are beginning to collect contracts and enter them into the system. They plan to report on the details before the end of the fiscal year.
Councilor Tracy inquired where they are with the hiring of a third party accountability monitor. City Attorney Blackwood stated they have had one entity submit a proposal. They have been meeting and negotiating with them. The draft contract is in their hands to review. They hope to have that in place by the end of the fiscal year. There are a lot of details that they are working out about each other’s expectations.
Councilor Bushor inquired if all of the contracts will be plugged into this software. City Attorney Blackwood stated they will have to manually add it into the system. Councilor Bushor inquired if they believe that they can get that done by the end of the fiscal year. City Attorney Blackwood stated they are anticipating that it will be about100 contracts and she hopes to be able to. Even if it is not in the database, they will have collected the contracts. City Attorney Blackwood stated she believes that they have all of the certification language needed in the contracts. Councilor Bushor stated it is very important that they have this tracking system in place. City Attorney Blackwood stated the designated accountability monitor cannot do their job until they receive this information. Councilor Bushor inquired when the joint fiscal office will provide them with the new information. City Attorney Blackwood stated they just received the draft today. They will review it and provide the information to the Council.
Councilor Knodell inquired if the Board of Finance or City Council will see the contract for the third party monitor. City Attorney Blackwood stated they will.
8. Committee Reports
Information, Report: 8.01 City Council Committee Reports (oral)
Councilor Knodell announced the first meeting of the Community Development Neighborhood Revitalization Committee. They will set their agenda for the year and review the past year. The Retirement Committee will be missing their deadline. They have been working hard and doing a lot of study and knowledge building around asset allocation, funding mechanisms, amortization methods for the unfunded liability, the actuarial assumptions that they are using, and the experienced study that was in the FY13 actuarial report. It is clear that they need help from a consultant to put together a set of recommendations. They would like to waive the purchasing policy requirement to put this out to bid. It was discussed at Board of Finance. The Committee did evaluate two individuals and found one better met their needs than the other. However, the Board of Finance members are also on the Committee. They wanted to make sure the full Council was on board with them making this decision. She inquired if anyone has issues with waiving those requirements. No one responded.
Councilor Blais stated the License Committee is in the midst of their annual process of renewing liquor licenses, outside consumption permits, entertainment permits. This is a large task, but this year the Committee asked to find out if all applicants were current on their obligations to the City. He thanked Lori Olberg for her work in this process.
Councilor Tracy announced upcoming meeting of the Transportation, Energy, and Utilities Committee. They will be discussing capital and budgetary needs in the upcoming budget cycle. They will specifically discuss sidewalks.
9. City Council - General City Affairs
Information: 9.01 City Councilor Reports on City Affairs (oral)
Councilor Wright stated they passed item 6.08 on the consent agenda which approved budget amendments for the capital improvement program. He is pleased about that, as will the residents of Appletree Point will be. When he campaigned down there, he heard about the quality of that road frequently. He spoke with the DPW Director and heard it was on the schedule for 2016. He is happy that they looked at the road again and decided they were able to do this through the capital improvement plan.
Councilor Ayres stated the Transportation Energy and Utilities Committee is involved with the North Avenue Corridor Study. The North Avenue Corridor Advisory Committee and will also be holding a public input workshop. This will be the last opportunity for the public to weigh in before the Chittenden County Regional Planning Commission and Department of Public Works bring a final report to the Transportation, Energy and Utilities Committee.
Councilor Siegel stated the Center City Little League will be holding their opening ceremony this weekend. They will also have their annual COTS Walk beginning at Battery Park.
10. Mayor - General City Affairs
Information: 10.01 Mayor Reports on City Affairs (oral)
Mayor Weinberger noted that item 5.06 on the Consent Agenda approved funding for the construction of new storm drain facilities on Main Street near the Winooski Avenue intersection. This is something that the Stormwater utility has recommended after studying that area and taking into account their recent experiences during extreme storm events. There is also an award of a contract in item 5.07. This is one of many pieces of work going on to improve the parking system. This is the structural work that is needed to analyze and understand the structural issues with the existing garages and recommend urgent and long term repairs needed for those structures. He also noted that the ability of the Capital Improvement Project is related to action that the Council took a year ago to hire a Capital Improvement Program manager. She was able to bring the planned FY14 projects in under budget to allow for this additional project.
There was an item in the media that relates to the livable wage discussion. The way it was written suggested that he did not think they could enforce everything in the new Livable Wage Ordinance. His meaning was that there were some things that we did not budget for until FY15 and therefore it is not a surprise that some things are moving forward now.
There are two noteworthy items related to early childhood education and health. He attended the launch of “Let’s Grow Kids”, a public awareness campaign attempting to bring awareness to the importance of early childhood learning and how it contributes to the entire educational experience. It will be a multi-million dollar effort dedicated to this effort. The Administration has also started discussing this issue as well. It is still in its formative stages, but they met with many early and childhood care practitioners. This is being done in partnership with the United Way to determine what they can do to have a Burlington focused learning initiative. It is underway and he will speak more about that when they have something more concrete.
He will be travelling to Montpelier to witness the hearing of the Public Service Board in relation to Burlington Telecom and the approvals of elements of the financing plan and settlement. This is a milestone in the process of getting resolution with the Public Service Board.
He will be attending a public coffee at Barrio Bakery. He will also be attending Little League opening day.
Acting City Council President Paul recessed the City Council Meeting at 10:50pm.
Acting City Council President Paul reconvened the City Council Meeting at 10:54pm.
11. Expected Executive Session
Action: 11.01 Communication: Eileen Blackwood, City Attorney, re: Police Collective Bargaining Agreement (oral)
City Attorney Blackwood stated they will be discussing the Police Collective Bargaining Agreement in executive session. They will be discussing a pending contract, premature disclosure of which would put the City at a substantial disadvantage. At the conclusion of the conversation, they will take action on the resolution in open session.
Go into executive session to discuss collective bargaining and contract negotiations. Premature disclosure would put the City at a substantial disadvantage.
Motion by Tom Ayres, Second by Sharon Bushor
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright
Not Present: Joan Shannon
The Council voted to go out of executive session
Amend the agenda to add item 11.5 Action: (formerly 7.03) Resolution Ratify Tentative Agreement and Authorize Execution of Collective Bargaining Agreement between the City and the Burlington Police Officers' Association (July 1, 2013 - June 30,2014)
Motion by Sharon Bushor, second by Jane Knodell
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright
Not Present: Joan Shannon
11.5 Action: (formerly 7.03) Resolution Ratify Tentative Agreement and Authorize Execution of Collective Bargaining Agreement between the City and the Burlington Police Officers' Association (July 1, 2013 - June 30,2014)
City Attorney Blackwood stated this resolution speaks to a collective bargaining agreement that they will enter with the Burlington Police Officer’s Association through collective bargaining. It is a positive step for this administration in its first collective bargaining agreement. It is a one year contract, but it involves a number of changes that they hope will benefit everyone operationally.
Councilor Knodell congratulated the Administration and Burlington Police Officers’ Association. One aspect that was closely examined by the Board of Finance was the cost impact on the Retirement System. They did get outside analysis that this was financially prudent compared with the next best scenario. The Board of Finance is fully supportive.
Mayor Weinberger thanked the Police Officers’ Association and the City’s negotiating team for their hard work on this contract.
Approve the Resolution.
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, William Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright
Not Present: Joan Shannon
12. Adjournment
Without objection, Acting City Council President Paul adjourned the meeting.