City Council Meeting - Monday, October 20, 2014 - 7:00 p.m. (Monday, October 20, 2014)
Generated by Scott Schrader on Saturday, October 25, 2014
Members present
Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Also present
Mayor Weinberger, CAO Bob Rusten, City Attorney Eileen Blackwood, Lori Olberg, C/T, ACAO Scott Schrader, David White, P/Z, Susan Leonard, HR, ACAO Rich Goodwin
Meeting called to order at 7:03 PM
1. Agenda
Action, Procedural: 1.01 Motion to Approve/Amend the Agenda
Motion to amend the agenda note added supporting documentation to Item 4.38 per Human Resources; note proposed amendment to Agenda Item 6.02 per City Attorney Blackwood per Councilor Bushor; note amended version of Resolution for Item 6.05 per Councilor Siegel; note proposed title change per Councilor Siegel and amendment to Item 6.05 per Democratic Staff Person Stephany Ahearn per Councilor Blais; note supporting documentation to Item 6.07 per Mayor's Office; note amended version of Ordinance for Item 6.08 per City Attorney's Office; note compromise Resolution for Item 6.12 and withdrawing Item 6.13 per President Shannon and Councilor Brennan
Motion by Chip Mason, second by Sharon Bushor.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Joan Shannon
2. CCTA Resolution
Action, Resolution: 2.01 Resolution: Authorization to Grant Easement to The Chittenden County Transportation Authority (CCTA) for the Development of a New Transit Center on St. Paul Street with Additional Bus Berths and Passenger Shelters on Pearl Street and Cherry Street (Board of Finance)
Amend the resolution to include an additional whereas clause after line 12 inserting language about abutting neighbors and various stakeholders.
Motion by Sharon Bushor, second by Chip Mason.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Joan Shannon
waive the reading and adopt the resolution as amended.
Motion by Max Tracy, second by Sharon Bushor.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Joan Shannon
3. Public Forum: Time Certain (7:30 p.m.)
Procedural: 3.01 Public Forum
Fred Solomon - spoke in opposition to UBER
Jill Krowinski - representing Planned Parenthood, supports the Health Care Buffer Zone Ordinance
Ron Ruloff - objects direction that the City is headed due to lack of planning related to Retirement
Don MacDonald - supports the new CCTA Transit Center
Charles Norris Brown - supports the new CCTA Transit Center; supports form based code, requests that committees be formed to provide voices to artisans.
Taylor Audette - spoke in favor of a resolution limited antibiotics in factory farms.
Cara Stapleford - spoke in favor of a resolution limiting antibiotics in factory farms.
Miriam Stoll - spoke in favor of granting non-citizens the right to vote.
Jeetan Khadka - spoke in favor of granting non-citizens the right to vote.
Sara Giannoni - spoke in favor of the Health Care Buffer Zone Ordinance and in favor of granting non-citizens the right to vote.
Hemant Ghising - spoke in favor of granting non-citizens the right to vote.
Maleka Clarke - in favor of granting non-citizens the right to vote.
Infinite Culcleasure - in favor of granting non-citizens the right to vote.
Jim Podrasky and Rick Handy - spoke in- opposition of UBER
Amanda Levinson - spoke in favor of non-citizens the right to vote.
Sherwood Smith - spoke in favor of non-citizens the right to vote.
Erika Lowe - spoke in favor of non-citizens the right to vote.
Goma Malibea - spoke in favor of non-citizens the right to vote.
Sarmad Abdulrazak - spoke in opposition of UBER
4. Consent Agenda
Action, Action (Consent), Procedural: 4.01 Motion to Approve/Amend the Agenda
Resolution: Motion to approve the consent agenda and take the actions indicated.
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication: 4.02 Communication: Lori Olberg, C/T Office, re: Accountability List
Resolution: waive the reading, accept the communication and place it on file
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication, Minutes: 4.03 Communication: Amy Bovee, C/T Office, re: Minutes April 7, 2014 City Council Meeting - Organization Day
Resolution: waive the reading, accept the communication, place it on file and adopt the minutes as received at the October 6, 2014 City Council Meeting
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication, Minutes: 4.04 Communication: Amy Bovee, C/T. re: Minutes April 16, 2014 Special City Council Worksession
Resolution: waive the reading, accept the communication, place it on file and adopt the minutes as received at the October 6, 2014 City Council Meeting
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication, Minutes: 4.05 Communication: Amy Bovee, C/T Office, re: Minutes April 16, 2014 Special Local Control Commission Meeting
Resolution: waive the reading, accept the communication, place it on file and adopt the minutes as received at the October 6, 2014 City Council Meeting
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication, Minutes: 4.06 Communication: Amy Bovee, C/T Office, re: Minutes April 16, 2014 Special City Council Meeting
Resolution: waive the reading, accept the communication, place it on file and adopt the minutes as received at the October 6, 2014 City Council Meeting
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication, Minutes: 4.07 Communication: Amy Bovee, C/T Office, re: Minutes April 28, 2014 Local Control Commission Meeting
Resolution: waive the reading, accept the communication, place it on file and adopt the minutes as received at the October 6, 2014 City Council Meeting
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication, Minutes: 4.08 Communication: Amy Bovee, C/T Office, re: Minutes April 28, 2014 Regular City Council Meeting
Resolution: waive the reading, accept the communication, place it on file and adopt the minutes as received at the October 6, 2014 City Council Meeting
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication, Minutes: 4.09 Communication: Amy Bovee, C/T Office, re: Minutes April 28, 2014 City Council With Mayor Presiding Meeting
Resolution: waive the reading, accept the communication, place it on file and adopt the minutes as received at the October 6, 2014 City Council Meeting
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication, Minutes: 4.10 Communication: Amy Bovee, C/T Office, re: Minutes May 12, 2014 Local Control Commission Meeting
Resolution: waive the reading, accept the communication, place it on file and adopt the minutes as received at the October 6, 2014 City Council Meeting
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication, Minutes: 4.11 Communication: Amy Bovee, C/T Office, re: Minutes May 12, 2014 Regular City Council Meeting
Resolution: waive the reading, accept the communication, place it on file and adopt the minutes as received at the October 6, 2014 City Council Meeting
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication, Minutes: 4.12 Communication: Amy Bovee, C/T Office, re: Minutes May 19, 2014 Adjourned City Council Meeting
Resolution: waive the reading, accept the communication, place it on file and adopt the minutes as received at the October 6, 2014 City Council Meeting
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication, Minutes: 4.13 Communication: Amy Bovee, C/T Office, re: Minutes May 19, 2014 Full Board of Abatement of Taxes Meeting
Resolution: waive the reading, accept the communication, place it on file and adopt the minutes as received at the October 6, 2014 City Council Meeting
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication, Minutes: 4.14 Communication: Amy Bovee, C/T Office, re: Minutes May 19, 2014 Board of Civil Authority Meeting
Resolution: waive the reading, accept the communication, place it on file and adopt the minutes as received at the October 6, 2014 City Council Meeting
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication, Minutes: 4.15 Communication: Amy Bovee, C/T Office, re: Minutes June 9, 2014 Board of Civil Authority Meeting
Resolution: waive the reading, accept the communication, place it on file and adopt the minutes as received at the October 6, 2014 City Council Meeting
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication, Minutes: 4.16 Communication: Amy Bovee, C/T Office, re: Minutes June 16, 2014 Local Control Commission Meeting
Resolution: waive the reading, accept the communication, place it on file and adopt the minutes as received at the October 6, 2014 City Council Meeting
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication, Minutes: 4.17 Communication: Amy Bovee, C/T Office, re: Minutes June 16, 2014 City Council With Mayor Presiding Meeting
Resolution: waive the reading, accept the communication, place it on file and adopt the minutes as received at the October 6, 2014 City Council Meeting
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication, Minutes: 4.18 Communication: Amy Bovee, C/T Office, re: Minutes June 16, 2014 Regular City Council Meeting
Resolution: waive the reading, accept the communication, place it on file and adopt the minutes as received at the October 6, 2014 City Council Meeting
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication, Minutes: 4.19 Communication: Amy Bovee, C/T Office, re: Minutes June 23, 2014 City Council Executive Session Re: Eagles
Resolution: waive the reading, accept the communication, place it on file and adopt the minutes as received at the October 6, 2014 City Council Meeting
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication, Minutes: 4.20 Communication: Amy Bovee, C/T Office, re: Minutes June 23, 2014 Local Control Commission Meeting
Resolution: waive the reading, accept the communication, place it on file and adopt the minutes as received at the October 6, 2014 City Council Meeting
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication, Minutes: 4.21 Communication: Amy Bovee, C/T Office, re: Minutes June 23, 2014 Adjourned City Council Meeting
Resolution: waive the reading, accept the communication, place it on file and adopt the minutes as received at the October 6, 2014 City Council Meeting
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication, Minutes: 4.22 Communication: Amy Bovee, C/T Office, re: Minutes July 14, 2014 Regular City Council Meeting
Resolution: waive the reading, accept the communication, place it on file and adopt the minutes as received at the October 6, 2014 City Council Meeting
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication, Minutes: 4.23 Communication: Amy Bovee, C/T Office, re: September 8, 2014 Board of Finance Minutes
Resolution: waive the reading, accept the communication and place it on file
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication, Minutes: 4.24 Communication: Amy Bovee, C/T Office, re: September 15, 2014 Board of Finance Minutes
Resolution: waive the reading, accept the communication and place it on file
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication, Minutes: 4.25 Communication: Amy Bovee, C/T Office, re: September 29, 2014 Board of Finance Minutes
Resolution: waive the reading, accept the communication and place it on file
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication: 4.26 Communication: Conni Pressman, re: North Avenue Corridor
Resolution: waive the reading, accept the communication and place it on file
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication: 4.27 Communication: Lea Terhune, re: North Avenue Corridor, Recommendations from Advisory Committee, STOP amendments
Resolution: waive the reading, accept the communication and place it on file
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication: 4.28 Communication: Liam Griffin, re: Parking on North Avenue Stats & Photos
Resolution: waive the reading, accept the communication and place it on file
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication: 4.29 Communication: Martha R. Lang, Ph.D., re: Taft School Lease
Resolution: waive the reading, accept the communication and place it on file
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication: 4.30 Communication: Nathan Lavery, DPW Commissioner, re: Resignation
Resolution: waive the reading, accept the communication, place it on file, advertise the vacancy and send a letter of appreciation thanking Nathan Lavery for his time served on the Public Works Commission
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication: 4.32 Communication: Mayor Miro Weinberger, re: Housing First & Data Collection
Resolution: waive the reading, accept the communication and place it on file
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication: 4.33 Communication: Eileen Blackwood, City Attorney, re: Legislative Liaison Final Report on 2014 Legislative Session from KSE
Resolution: waive the reading, accept the communication and place it on file
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Communication: 4.34 Communication: Mayor Miro Weinberger, re: Improving Our Taxi System
Resolution: waive the reading, accept the communication and place it on file
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Resolution: 4.35 Resolution: Authorization to Execute Construction Contract for The Burlington Wayfinding Improvements Project - Burlington STP 5000 (17) - TCSE (017)(Board of Finance)
Resolution: waive the reading and adopt 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, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Resolution: 4.36 Resolution: Authorization to Execute Lease Agreement With T.J. Philips of Capes and Powers Company for Space Located at 1252 Airport Drive at Burlington International Airport (Board of Finance)
Resolution: waive the reading and adopt 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, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Resolution: 4.37 Resolution: Appointment of Acting Ward Clerk for Ward Six; Acting Inspectors of Election for Wards Two, Four, Six and Seven (Councilor Shannon)
Resolution: waive the reading and adopt 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, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Resolution: 4.38 Resolution: The Creation of One Airport Financial Advisor Regular Full-Time Grade 24 (Board of Finance)
Resolution: waive the reading and adopt 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, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action (Consent), Resolution: 4.39 Resolution: Authorization to Purchase Police Vehicles Using General Police Budget Funds (Board of Finance)
Resolution: waive the reading and adopt 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, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
5. Annual Reports to The City Council
Action, Report: 5.01 Burlington Electric Commission
Spencer Newman and Neil Lunderville presented the Burlington Electric Commissions Annual Report. Mr. Newman noted that the General Manager retired and they have hired an interim General Manager. They have acquired Winooski One to bring the City to fully renewable energy sources. They have completed the Smart Grid implementation. They paid off and own the McNeil Generating Station outright. The City has reduced its electricity consumption by over 5% since 1989. They have met their goal about outages. They have also updated there lighting plan. They are optimistic that they will not need to increase rates and their rates are lower than average in the State. They have discovered billing issues and inefficiencies in the Department, but they were addressed quickly and effectively.
Councilor Bushor commended the Department.
Action, Report: 5.02 Burlington Planning Commission
Bruce Baker presented the Planning Commission Annual Report. He stated they sent 19 amendments to City Council and had several major initiatives including form based code implementation on the Waterfront.
Councilor Tracy stated the Planning Commission suggested getting rid of downtown parking minimums but the Council did not take action on that proposal. He inquired if they expect to bring that back to the Council. Mr. Baker stated they believe they will take that issue up again. There was a request for more data and it is a very important issue. They do not have a full understanding of what their parking resources are.
6. Deliberative Agenda
Action, Resolution: 6.01 Resolution: Authorization to Enter into Agreement with Group Insurance Service Center to Administer The City Health Insurance Program (Board of Finance)
Susan Leonard, HR, stated the City issued an RFP for a third party administrator of the City’s health insurance plan. The result was a recommendation to use GISC and utilize the Cigna network. They will have a locked rate for the next four years to help with long term budgeting. They will have no more than a 15% increase in stop loss for the length of the contract. There is also a reduction in stop loss fees. They believe this will save the City money.
Councilor Mason inquired what the term of the contract will be. Ms. Leonard stated it will last 3 ½ years.
Councilor Bushor inquired what would happen if they find a better deal. Ms. Leonard stated they do have the ability to conduct another RFP process at any point in the term of the contract. CAO Rusten stated they can terminate the contract with GISC or they could find their own stop loss insurance. They have options. The advantage of this system is that they know the maximum they will be paying.
Councilor Mason inquired if there is a penalty for termination. ACAO Schrader stated it would be without penalty but there are fees associated with administering the runoff of claims from that company for a period of 90 days.
Motion to approve the consent agenda and take the actions indicated.
Motion by Karen Paul, second by Bianka Legrand.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action, Resolution: 6.02 Resolution: Purpose and Intent of Burlington Form-Based Code as Portion of The Burlington Comprehensive Development Ordinance (CDO) to Implement the Community Vision Established by The PlanBTV: Downtown Master Plan (Councilors Paul, Blais, Tracy, Ayres, Shannon, Mason, Hartnett, Legrand, Bushor)
Councilor Paul stated this will help them realize the themes outlined in planBTV. They reflect the desires to have a walkable, mixed use, diverse urban center. One of the goals was to facilitate infill development and simplify approval processes by implementing a form based code. Form based code fosters more predictability by using physical form rather than land uses. It will create standards for development that reflect their community’s goals.
Councilor Bushor stated she felt they should amend the purpose statement to state that they will maintain areas of open space. She does not want to give up the area of open space that they have. She hopes that is inherent in how they develop Downtown.
Councilor Knodell stated she is not convinced that form based code will give them predictable outcomes, although she is supportive of the resolution.
Councilor Brennan noted that he will co-sponsor the resolution.
Mayor Weinberger stated this is an important resolution and it will lay out their goals. The purpose of the form based code is to promote new infill development. He believes having agreement about their goals while they try to implement form based code will be beneficial.
Amendment to add at line 55 “-maintaining or creating areas of open space to sustain our quality of life and our City’s livability.”
Motion by Sharon Bushor, second by Kurt Wright.
Final Resolution: Motion Passes
Aye: Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Not Present at Vote: Tom Ayres, Dave Hartnett
waive the reading and adopt the resolution as amended.
Motion by Karen Paul, second by Sharon Bushor.
Final Resolution: Motion Passes
Aye: Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Not Present at Vote: Tom Ayres, Dave Hartnett
Communication: 6.03 Communication: Eileen M. Blackwood, Esq. and Gene Bergman, Esq., City Attorney's Office, re: Memorandum on Noncitizen Voting
City Attorney Blackwood stated they were asked to look at this issue of service on Burlington’s Boards and Commission. Some allow any resident to serve but others require that people be legal voters to serve. There is no legal barrier to non-citizens being able to serve on Boards/Commissions, so she recommends the Council consider that issue. They also looked at the issue of voting in State and Local election and gave recommendations about what actions they could take.
Action, Resolution: 6.04 Resolution: Preparing Charter Changes to Allow Noncitizens to Serve on All City Boards and as All Department Heads (Charter Change Committee; Councilors Ayres, Legrand, Bushor)
Councilor Siegel stated the City Charter currently restricts who is allowed to be on Boards and Commissions and serve as Department Heads based on citizenship status. The resolution asks the Charter Change Committee to amend the Charter to vote on the issue and bring it to voters in March. Assuming it passes, the Legislature will review and enact it. She believes that they need to bring full voting rights to non-citizens and not just take this measure.
Councilor Bushor stated she is supportive of full voting rights for non-citizens, but this action is more within their control. She hopes that engaged citizens are able to serve on Boards and Commissions, especially since non-citizens can already be appointed to certain Boards and Commissions.
Councilor Brennan stated they have the power to take this action. Many people have come to the U.S. for something better and they want to participate. He believes they should let them do so.
Councilor Legrand stated she has worked hard and is proud to speak on behalf of non-citizens and those who have become citizens. They are silent leaders in the community and are actively engaged.
City Council President Shannon stated non-citizens can currently serve on some Boards and Commissions but not all.
Councilor Wright stated he will support this and it does not make sense that non-citizens can serve on some Boards and not others.
waive the reading and adopt the resolution
Motion by Rachel Siegel, second by Bianka Legrand.
Final Resolution: Motion Passes
Aye: Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Not Present at Vote: Tom Ayres
Action, Resolution: 6.05 Resolution: March 3, 2015 Annual City Meeting - Non-U.S. Citizens Right to Vote in Vermont Municipal and School Elections (Councilors Brennan, Siegel, Colburn)
Councilor Brennan stated there are many passionate people in the community that want to participate. It will be a long path to achieve this goal. They presented this to the NPAs and both citizens and non-citizens were actively engaged. This referendum would give leaders at the State level their opinion to inform them as they start this process.
Councilor Blais stated he sees the connection between citizenship and voting as important. There are many people in the community who are opposed to this, and they need to be mindful of that.
Councilor Siegel stated this question is less in their jurisdiction than other matters, but putting this question on the ballot is in their jurisdiction. The Legislature looks to Burlington as leaders and she believes most members of the community are ready for this change. Their Diversity and Equity plan says they will support engagement of all community members. There are 2,000 non-citizens living in Burlington, and 35% of them are of European descent. Everyone will be better served with more civic engagement.
Councilor Knodell spoke in favor of the resolution.
Councilor Bushor stated she hopes that everyone in the community is supportive of this measure.
Councilor Mason inquired if this proposal would change the voting status of non-citizens in municipalities outside of Burlington. City Attorney Blackwood stated the question calls for the Legislature to change the State Constitution to allow non-citizen voting rights for all municipalities. City Council President Shannon inquired if the change would automatically happen for everyone or if it would give municipalities the option. City Attorney Blackwood stated it would change voting rights for everyone. Councilor Mason inquired if there is a way to narrow the question to apply only to the City of Burlington. City Attorney Blackwood stated that would work only if the Constitution was worded to only apply to Burlington. Councilor Mason expressed concern that it may be problematic for Burlington to tell the rest of the State what they think it should do. City Attorney Blackwood stated the language is just advisory and they are not proposing what the Constitution itself will say. The Legislature could word the Constitution to allow municipalities to elect to have non-citizens vote.
Councilor Brennan inquired if they would have to change their Charter in the event that the Legislature adopted these changes. City Attorney Blackwood stated she does not believe that they would have to change the Charter.
Councilor Siegel stated that if this question passes the State Legislature will decide whether or not they want to take up this question. If they want to change the Constitution, it has to be voted on in two different biennials, the first of which would be 2016. It must receive a 2/3 vote in the Senate and 50% in the House. It would then have to be addressed again in 2017 and pass both the House and Senate by 50%. Towns and municipalities would then vote on it before it would be ratified by the Governor. City Attorney Blackwood stated the process would take 2+ years.
Councilor Wright stated advisory questions are not always acted upon in Montpelier.
Councilor Colburn stated a number of individuals expressed that they have come from countries where they were not represented and their voices were not heard. She believes this will be the start of a different dialogue for those people.
waive the reading and adopt the amended version of the resolution
Motion by Vince Brennan, second by Jane Knodell.
Final Resolution: Motion Passes
Aye: Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Joan Shannon
Nay: Dave Hartnett, Kurt Wright
Action, Resolution: 6.06 Resolution: Continuation of Nominating Committee for Commission/Board Appointments (Charter Change Committee: Councilors Siegel, Blais)
Councilor Siegel stated the Charter Change Committee has decided to implement the process they tried this past year. The Council will form a Nominating Committee of four Councilors. A fifth member of the Committee will be the Mayor or designee. They will create a slate of candidates for each position. They will then convey the slate to the Clerk/Treasurer’s Office so City Staff can let applicants know whether or not they are on the slate before the vote takes place. They will then present the Slate to the Council to be voted on. It is more transparent and is more inclusive.
Councilor Bushor inquired if there was any consideration that there be political balance in the appointment of the Nominating Committee. City Council President Shannon stated it would behoove any Council President to appoint people who will represent the Council. Councilor Bushor stated the language just states that the Council President will appoint a nominating committee. She believes that should be added through an amendment. Councilor Siegel stated she agrees that would be a good amendment.
Councilor Blais stated he will not support the amendment, as the purpose of this change was to remove partisan politics from the process. This brings partisan politics into the mix.
Councilor Mason inquired who this is binding upon. City Attorney Blackwood stated it is binding on the next Council until it is changed. It functions similarly to a Council rule. City Council President Shannon stated the resolution is binding until it is changed. Resolutions sometimes get lost in the process. City Attorney Blackwood stated resolutions are formal actions. This resolution states how they will operate and will remain in place until they vote to change how they operate.
Councilor Bushor stated she wants to reflect political balance in the makeup of the Committee.
Amend line 21 to insert "not to exceed two Councilors of any one political party" after the word Councilors.
Motion by Rachel Siegel, second by Sharon Bushor.
Final Resolution: Motion amended
Councilor Blais stated that they have other Committees that they do not require political balance on, and he does not believe this needs to be different than those Committees.
Councilor Knodell stated she supports the amendment because Board and Commission appointments are one of the most political things that they do. There are other Committees where they seek to achieve political balance.
Councilor Wright stated they cannot achieve political balance on every Committee, but they try to achieve that on certain ones. Saying that they want political balance does not politicize the process.
Amend the amendment to line 21 to insert “reflecting political balance in the makeup of the Committee” after the word Councilors.
Motion by Sharon Bushor, Second by Kurt Wright
Final Resolution: Motion Passes
Aye: Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Nay: Norm Blais, Bianka Legrand, Chip Mason
Councilor Knodell stated she will support the resolution. It brings an element of openness to the Commission Appointment process. However, there are discussions that have happened in caucuses about who should be appointed to certain seats. They should not go too far in stating they have increased transparency and taking politics out of the process.
waive the reading and adopt the resolution as amended.
Motion by Rachel Siegel, second by Karen Paul.
Final Resolution: Motion Passes
Aye: Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Nay: Norm Blais
Action, Resolution: 6.07 Resolution: Resolution of Billing Errors By Burlington Electric Department (Councilors Shannon, Bushor, Paul: Board of Finance)
Councilor Paul stated this will address billing errors brought forward by the Burlington Electric Department to the City of Burlington. When the error was discovered it was brought forward publically and expeditiously addressed. The industry standard is to adjust for billing errors looking back six years. They received a letter from the Public Service Board supporting the handling of the billing error. They have to treat everyone with the same, industry standard. They will hire an independent auditor to review their practices and ensure this does not happen again.
Councilor Knodell stated she voted against this at the Board of Finance. The MOU notes underpayment of PILOT funds while the City was overbilled. They City has allowed the PILOT to be underpaid in the amount of electricity the City has consumed. She believes the property tax payers should be treated equally. When property tax payers are late on payments they pay a penalty and late fee. This MOU does not allow for that. She asked about this at the Board of Finance and heard that this had not been fully explored. She would like to postpone action until this can be explored. City Attorney Blackwood stated the City does not charge penalties on any of its other PILOT payments. There is nothing in any agreement that says there would be a penalty, so she does not believe they would have that authority.
Councilors Tracy, Colburn, and Brennan spoke in favor of postponement.
Councilor Hartnett stated this was done unintentionally and it would be appropriate to waive the penalty.
Councilor Mason spoke against postponement.
Councilor Bushor inquired what additional research would be done if they do move to postpone. City Attorney Blackwood stated she has already reviewed the Charter and there is nothing that gives them authority to assess a penalty. There are some State laws that she would review further. She believes they do not have this authority, but is not 100% certain at this time.
Councilor Paul inquired what the implications of postponement would be. Mr. Lunderville stated this would delay their payment to the City and School, which they want to do quickly. City Attorney Blackwood stated on key piece of the letter from the Public Service Board is that they must treat the City like other customers. They have never charged penalties for PILOT non-payment, which would be inconsistent. Mr. Lunderville stated the other challenge is that they would be using ratepayer money to pay a PILOT penalty. Mayor Weinberger spoke against postponement. They would have to make up a penalty that they do not have guidance or precedence for. They need to act based on Statute, past practice, and the standards regulators look to.
Councilor Brennan stated this would set a precedent. Mr. Lunderville stated they would use the past precedence. This would not set a new precedent, it would just deviate from past precedence. CAO Rusten stated a number of organizations voluntarily pay PILOTs and fees for service. This would set a precedent to charge a penalty for these payments. This could prompt organizations to attempt to renegotiate the PILOTs that are in place.
motion to postpone until next City Council meeting November 10, 2014 to explore the potential of assessing a penalty on the PILOT
Motion by Jane Knodell, second by Max Tracy.
Final Resolution: Motion Fails
Aye: Vince Brennan, Selene Colburn, Jane Knodell, Rachel Siegel, Max Tracy, Kurt Wright
Nay: Tom Ayres, Norm Blais, Sharon Bushor, Dave Hartnett, Bianka Legrand, Chip Mason, Karen Paul, Joan Shannon
Councilor Knodell stated she will vote against the resolution because they have not looked closely enough at the penalty issue.
Councilor Tracy inquired how confident they are that they have found all billing errors. Mr. Lunderville stated he will not be fully confident until they have done a full review. They have found additional errors that will be published at the end of the month. City Council President Shannon inquired if they are still looking at accounts. Mr. Lunderville stated they have reviewed over 500 out of 522 current transformer metering systems. Councilor Tracy stated without having 100% certainty and without full information he cannot support the resolution. Mr. Lunderville stated there will always be errors with a complex billing system. They work to be right as much as they can, and they are right 99% of the time. Their review process will continue over the next couple of months.
Councilor Hartnett inquired if they are done reviewing the City’s accounts. Mr. Lunderville stated this relates to the street light billing error. It is a manual system separate from the metering system. They have reviewed the meter accounts and found no additional errors for the City.
Councilor Wright inquired how many years the billing error has gone on for. Mr. Lunderville stated they have traced it back eight years, although it may have occurred before then. They have no way to reconstruct records older than eight years. Councilor Wright stated he is concerned that this amount could have been even higher if they had not found this. He would have preferred the full amount be repaid.
waive the reading and adopt the resolution
Motion by Karen Paul, second by Sharon Bushor.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Sharon Bushor, Dave Hartnett, Bianka Legrand, Chip Mason, Karen Paul, Joan Shannon
Nay: Vince Brennan, Selene Colburn, Jane Knodell, Rachel Siegel, Max Tracy, Kurt Wright
Action, Ordinance - Second Reading: 6.08 Ordinance: OFFENSES AND MISCELLANEOUS PROVISIONS Reproductive Health Center Access (Ordinance Committee)(2nd reading)
Councilor Mason stated these revisions were supported by the Ordinance Committee as a result of the Supreme Court decision McCullen v. Coakley. They have reviewed enforcement options that are enforceable and compliant with this court decision. They held three public hearings. The Committee felt that changes were needed based on the testimony that they heard. They will use a new definition of harassment, a provision for a law enforcement officer to order withdrawal of violators from 25feet of the entrance. They have been assured that these amendments are Constitutional. They tried to put in place protections while considering Constitutional rights.
Councilor Wright inquired if this Ordinance was patterned after Massachusetts’ laws. City Attorney Blackwood stated the original language was taken from a proposed Ordinance in San Francisco. They are trying to look at what the Supreme Court has said is Constitutional. Councilor Wright inquired if there could be situations where it would be difficult for the Police to determine if someone has been harassed. City Attorney Blackwood stated the Police frequently have to make decisions about whether laws have been violated. This is within the Police Department’s training. Councilor Wright inquired if the Police Chief is supportive of this. Councilor Mason stated the Chief had no problems with this and is willing to enforce it.
Councilor Colburn spoke in favor of the changes to the Ordinance. She has heard from Planned Parenthood that this will give them a tool to use to call the Police when harassment or intimidation is happening. She hopes that they can look at this again if they hear this has not adequately addressing the problem.
Councilor Bushor stated they need to protect access to healthcare and free speech. If this does not achieve what they want it to, they have the ability to take further action. It strengthens the provisions that currently exist.
waive the 2nd reading and adopt the ordinance
Motion by Chip Mason, second by Karen Paul.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Information: 6.09 Communication: Eileen Blackwood, City Attorney, re: Update on Champlain Parkway (oral)
Attorney Blackwood provided an update on the Act 250 appeals explaining that all but one appeal has been settled. The remaining appeal cannot deny the project but accommodations would have to be made if the appeal were sustained. The permit has been issued, which has allowed the City to move forward with preparatory work.
Councilor Tracy inquired what the timeline for the decision will be. City Attorney Blackwood stated they do not know, it depends on the Supreme Court. Councilor Tracy inquired what the major sticking points are. City Attorney Blackwood stated their major point of contention was traffic. They have asserted that there will be congestion in front of their building because of a five way intersection. The City’s research has shown that this will not cause the problem they contend that it will cause.
Action, Report: 6.10 Report: CAO's Office, re: Fiscal Status Update
CAO Rusten provided an overview of the Fiscal Status of the City through the expense and revenue reports provided to the City Council. He noted that these reports are provided monthly and they provide the ability to track revenues and expenses down to the account line for each Department. They have their year-end numbers for FY14 which are still unaudited. They have roughly a $2 million surplus in the General Fund. They had a negative unassigned fund balance of $15 million at the end of FY13 which has been reduced to $2 million at the end of FY14. Much of that had to do with the Fiscal Stability Bond. This means that even if they have a surplus, it must be used to pay off their unassigned fund balance. They hope to move into a positive fund balance at the end of the fiscal year. There were two departments that spent more than was budgeted. The City Attorney’s Office had legal expenses due to BT. Code Enforcement was over budget because they had previously been charged an indirect fee in error. Four departments did not receive the revenue that they had budgeted for. The City Attorney had revenues that were unachievable in the budget. Code Enforcement and Public Works also did not generate the revenue that was budgeted. Burlington City Arts was just below their revenue budget. They had a surplus because of a built in surplus, reduced expenditures, higher than expected gross receipts revenue, indirect fees that were inaccurately budgeted, and higher than anticipated revenues for Planning and Zoning, Fire, and Police. They addressed a number of the outliers in the FY15 budget. The non-general fund Departments will all come in with a surplus with the exception of CEDO.
Asst. CAO Goodwin provided an overview of the City's cash position as of September 17. He noted the balances of cash, restricted, and unasssigned balances. He outlined the amounts due to and from the sweep account.
CAO Rusten noted they have revised their reporting to make it more clear what money they have that is available and what is restricted. Reports are put online on the Clerk/Treasurer’s webpage.
Action, Report: 6.11 Report: CAO's Office, re: Fiscal Stability Bond Report
CAO Rusten stated the report outlines what the fiscal stability bond has achieved. They have not had to use tax anticipation notes, have been able to issue bonds through the the Vemont Municipal Bond Bank whose interest rate is much lower. They have outlined the cost savings resulting from these measures. The State of Vermont and Moody’s have had a positive reaction to the stability the Fiscal Stability Bond has provided them.
Councilor Knodell stated they issued this bond so they would have more money in the bank. The report shows what advantages doing this has given them. They are in a better cash position now and she sees this bond as liquidity insurance. She does not believe they needed to issue the full $9 million bond.
Councilor Paul stated they had heard repeatedly that their reliance on short term borrowing was not appropriate. The number that their auditors suggested was $9 million, and that is what they used. She believes this was the right thing to do. Voters approved it overwhelmingly and 13 out of 14 City Councilors supported it. It has benefited their credit rating.
Mayor Weinberger stated he believes that this has saved them money and that their credit rating would have been further negatively impacted if they had not taken action.
Action, Resolution: 6.12 Resolution: Diversity & Equity Strategic Plan (Councilors Shannon, Siegel, Brennan, Colburn, Paul, Legrand, Ayers)
Councilor Brennan stated a lot of hard work has gone into developing this plan. This is something that the City very much needs to move forward with.
Councilor Siegel offered an amendment to the resolution. She stated in the past year they have adopted a number of other plans rather than accepting them. She asked the administration about the use of the word accept and was told there are certain elements of the plan they may not be prepared to move forward on. However, there are elements of other plans, such as planBTV, that they may not move forward with. They should adopt and fully embrace this plan.
Councilor Brennan stated he supports having the stronger language because it is an important item.
amend line 48 in the Resolution to change the word "accept" to "adopt".
Motion by Rachel Siegel, second by Vince Brennan.
Motion Fails
Aye: Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Rachel Siegel, Max Tracy
Nay: Tom Ayres, Norm Blais, Dave Hartnett, Bianka Legrand, Chip Mason, Karen Paul, Kurt Wright, Joan Shannon
Councilor Siegel stated she is glad that they are on the road to being an anti-racist City.
Mayor Weinberger stated they have a long road ahead of them, but they have made great progress. They put two items on the ballot to get to the heart of Diversity and Equity issues. He is welcome of these actions.
Call the question
Motion by Dave Hartnett, second by Chip Mason
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
waive the reading and adopt the resolution
Motion by Tom Ayres, second by Vince Brennan.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action, Resolution: 6.13 Withdrawn
Action, Ordinance - First Reading: 6.14 Ordinance: HOUSING - Certification of Compliance (Code Enforcement Office, Councilors Paul, Bushor, Knodell, Colburn, Blais)
Councilor Paul stated this addresses their Certificate of Compliance system.
Bill Ward, Code Enforcement, stated the normal Certificate of Compliance for rental housing is generally three years. This will give more accountability for landlords and citizens to compare how properties compare with each other. They are adding levels to this. A low quality housing unit could have certificates lasting as little as six months. These would be given to a house with a significant problem that has been addressed. They would check in after a shorter period of time to assure that the property is being correctly maintained. On the other hand, they would issue a five year Certificate of Compliance to a property where there were no problems and the home has been very well taken care of. They have seen the number of properties that are being taken care of increase in the past few years. They believe many people will receive five year certificates of compliance. Most people will receive three year certificates of compliance as they are now. They have also clarified and defined the area of the front yard. They add clarity to issues that have come up in the past few years. The Vermont Apartment Owners Association, the Vermont Tenant’s Association, and some landlords have been notified of the change and they are generally supportive.
Councilor Bushor stated there have been many initiatives from the community to try to determine which properties are safer to rent than others. There have always been legal challenges with doing this. This is an effective way of dealing with people and housing yet informing the community about which housing units have better track records than others.
waive the 1st reading and refer to the Ordinance Committee
Motion by Karen Paul, second by Selene Colburn.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Action, Resolution: 6.15 Resolution: Exploration of Feasibility of Offering Municipal Sale of Gasoline to Consumers (Councilors Tracy, Colburn, Brennan, Siegel)
Suspend the rules to address item 6.15.
Motion by Kurt Wright, Second by Tom Ayres
Final Resolution: Motion Fails
Aye: Tom Ayres, Norm Blais, Dave Hartnett, Bianka Legrand, Chip Mason, Karen Paul, Joan Shannon, Kurt Wright
Nays: Jane Knodell, Selene Colburn, Max Tracy, Rachel Siegel, Sharon Bushor, Vince Brennan
Item 6.15. Resolution: Exploration of Feasibility of Offering Municipal Sale of Gasoline to Consumers (Councilors Tracy, Colburn, Brennan, Siegel) was not addressed at this meeting.
7. Committee Reports
This item was not addressed at this meeting.
8. City Council - General City Affairs
This item was not addressed at this meeting.
9. Mayor - General Affairs
This item was not addressed at this meeting.
10. Expected Executive Sessions
Action, Discussion: 10.01 Communication: Eileen Blackwood, City Attorney, re: FY14 IBEW collective bargaining contract (oral)(executive session with possible motion following)
and
Action: 10.02 Communication: Eileen Blackwood, City Attorney, re: Update on Burlington Telecom (oral)(possible executive session)
Motion by Councilor Brennan, seconded by Councilor Bushor finding the need to enter executive session to discuss Collective Bargaining and confidential attorney client privilege related to Burlington Telecom.
Motion by Vince Brennan, 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, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Enter Executive Session
Motion by Councilor Brennan, second by Councilor Bushor
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Dave Hartnett, Jane Knodell, Bianka Legrand, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
The City Council entered executive session at 10:35 p.m with the expectation to take action on the Collective Bargaining item.
Exit Executive Session
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, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
Amend the Agenda to add motion to ratify IBEW contract
Motion by Sharon Bushor, second by Tom Ayres.
Final Resolution: Motion Passes
Aye: Tom Ayres, Norm Blais, Vince Brennan, Sharon Bushor, Selene Colburn, Jane Knodell, Bianka Legrand, Karen Paul, Rachel Siegel, Max Tracy, Joan Shannon
Nay: Dave Hartnett, Chip Mason, Kurt Wright
Ratify the IBEW Contract and Authorize the Mayor to sign.
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, Chip Mason, Karen Paul, Rachel Siegel, Max Tracy, Kurt Wright, Joan Shannon
11. Adjournment
Action, Procedural: 11.01 Motion to adjourn
Without objection, City Council President Shannon Adjourned the meeting at 10:58 p.m.