City of Burlington, VT

BURLINGTON CITY COUNCIL

CONTOIS AUDITORIUM, CITY HALL

BURLINGTON, VERMONT

MINUTES OF MEETING

April 30, 2018

APPROVED

MEMBERS PRESENT: Kurt Wright (Council President) – Ward 4

Jane Knodell – Central District

David Hartnett – North District

Joan Shannon – South District

Richard Deane – East District

Sharon Foley Bushor – Ward 1

Max Tracy – Ward 2

Brian Pine – Ward 3

William “Chip” Mason – Ward 5

Karen Paul – Ward 6

Ali Dieng – Ward 7

Adam Roof – Ward 8

ADMINISTRATION: Miro Weinberger, Mayor

Beth Anderson, CAO

Rich Goodwin, DFO

Eileen Blackwood, City Attorney

Brian Lowe, Mayor’s Office

Jordan Redell, Mayor’s Office

Lori Olberg, C/T

Amy Bovee, C/T

Rebecca Sameroff, C/T

Chapin Spencer, DPW

Robert Goulding, DPW

David White, P&Z

Meagan Tuttle, P&Z

Noelle Mackay, CEDO

Darren Spring, BED

OTHERS PRESENT: Andy Montroll

Marianne Ward

Sophie Judge

Mic Leddy

Mike Canerick

Sam Swanson

1.0 CALL TO ORDER and AGENDA

Council President Wright called the meeting to order at 6:10 PM on 4/30/18.

1.01 Agenda

MOTION by Councilor Knodell, SECOND by Councilor Roof, to approve the agenda with the following amendments:

Note revision to Item 4.33 (Airport Trash Removal Contract)
Note authorization for Item 4.43 (Church Street Marketplace Commission café license agreement)
Add Item 4.47 (Openings on City Board and Commissions)
Note information on Item 4.48 (Airline Surplus Budget Amendment)
Note written materials for Item 5.03 (appointment of Beth Anderson as CAO at Step 7 CAO Pay Scale)
Note corrected version of Item 5.04 (Business Personal Property Tax)
Presentation on Item 5.06 (2019 Update to planBTV)
Note information on Item 5.08 (2018 Construction Season Overview)

VOTING: unanimous; motion carried.

2.0 EXECUTIVE SESSION

2.01 Litigation Update

MOTION by Councilor Knodell, SECOND by Councilor Mason, to find that premature disclosure of pending litigation and attorney-client communications would place the city at a disadvantage. VOTING: unanimous; motion carried.

MOTION by Councilor Knodell, SECOND by Councilor Mason, based on the finding of premature disclosure placing the city at a disadvantage to go into Executive Session for an update on litigation and to have attorney-client communication, and to invite the Mayor, Mayor’s Office staff, CAO, City Attorney, and City Attorney’s Office staff to attend. VOTING: unanimous; motion carried.

Executive Session was convened at 6:15 PM.

MOTION by Councilor Bushor, SECOND by Councilor Deane, to adjourn Executive Session and reconvene the regular meeting. VOTING: unanimous; motion carried.

Executive Session was adjourned and the regular meeting reconvened at 7:15 PM whereupon Council President Wright recessed the regular meeting to convene the Local Control Commission. The regular meeting reconvened at7:25 PM and was recessed to convene the City Council with Mayor Presiding meeting after which the regular meeting reconvened at 7:27 PM.

3.0 PUBLIC FORUM

Public forum was opened at 7:28 PM.

COMMENTS

Marianne Ward, Ward 7, spoke of the residential parking plan being flawed and not fair or ethical. Wards 4 and 7 were denied a seat at the table.
Sophie Judge spoke of the economic impact of pollution in the lake which is an integral part of Vermont’s beauty and success. City Council is urged to tell the Governor to approve legislation to save the lake and the economy.

There were no further comments. Public Forum was closed at 7:34 PM.

4.0 CONSENT AGENDA

4.01 PROCEDURAL: Amend/Adopt Consent Agenda and Take Action(s) as Indicated

4.02 COMMUNICATION: Accountability List

4.03 COMMUNICATION: Minutes, City Council, 12/11/17

4.04 COMMUNICATION: Minutes, Local Control, 12/11/17

4.05 COMMUNICATION: Minutes, Mayor Presiding, 12/11/17

4.06 COMMUNICATION: Minutes, City Council, 12/18/17

4.07 COMMUNICATION: Minutes, Special City Council, 12/27/17

4.08 COMMUNICATION: Minutes, City Council, 1/8/18

4.09 COMMUNICATION: Minutes, City Council, 1/22/18

4.10 COMMUNICATION: Minutes, City Council, 1/29/18

4.11 COMMUNICATION: Minutes, Local Control, 1/29/18

4.12 COMMUNICATION: Minutes, City Council, 2/12/18

4.13 COMMUNICATION: Minutes, BCA, 3/12/18

4.14 COMMUNICATION: Minutes, Full Board of Abatement, 3/12/18

4.15 COMMUNICATION: Minutes, Local Control, 3/12/18

4.16 COMMUNICATION: Minutes, City Council 3/12/18

4.17 COMMUNICATION: Minutes, Local Control, 3/26/18

4.18 COMMUNICATION: Minutes, City Council, 3/26/18

4.19 COMMUNICATION: Minutes, City Council Organizational Day, 4/2/18

4.20 COMMUNICATION: Jennifer Hirsch, Pine and Maple

4.21 COMMUNICATION: Vermont Transportation Board Aviation Rules

4.22 COMMUNICATION: Minutes, Board of Finance, 12/18/17

4.23 COMMUNICATION: Minutes, Board of Finance, 1/8/18

4.24 COMMUNICATION: Minutes, Board of Finance, 1/22/18

4.25 COMMUNICATION: Minutes, Board of Finance, 1/29/18

4.26 COMMUNICATION: Minutes, Board of Finance, 2/12/18

4.27 COMMUNICATION: Minutes, Board of Finance, 2/26/18

4.28 COMMUNICATION: Encumbrance License Agreement Renewals Outside CSM

4.29 COMMUNICATION: R. Parker Enterprises, Inc. Contract

4.30 COMMUNICAITON: Burlington 2030 District

4.31 COMMUNICATION: Resignation, Retirement Board, Roger Stone

4.32 COMMUNICATION: BTC Permit Amendment 4/16/18

4.33 COMMUNICATION: Airport Trash Contract

4.34 COMMUNICATION: Citywide Safety Manager Revision

4.35 COMMUNICATION: Great Streets: St. Paul Street

4.36 COMMUNICATION: Amend Contract/Budget CY17 Sidewalk and Curb

4.37 COMMUNICATION: Outdoor Seating Encumbrance Application: King’s Corner Deli, 41 King Street

4.38 COMMUNICATION: Livable Wage Rates Fy2019

4.39 PERMIT (one day): Zero Gravity, 716 Pine Street

4.40 COMMUNICATION: Indoor Entertainment Permit Renewals 2018-2019: Champlain College; Half Lounge; Nectar’s

4.41 COMMUNICATION: Outdoor Entertainment Permit Renewals 2018-2019: Arts Riot; Champlain College; UVM Faculty Dining Room

4.42 COMMUNICATION: FIO Document(s)

4.43 RESOLUTION: Sidewalk Café License Agreements

4.44 RESOLUTION: Citywide Waste Feasibility Study

4.45 RESOLUTION: BTV Hotel, LLC to Construct Hotel at Airport

4.46 RESOLUTION: Workspace, 339 Pine Street

4.47 COMMUNICATION: Openings, Burlington Boards and Commissions

4.48 RESOLUTION: Airline Surplus Budget Amendment

MOTION by Councilor Knodell, SECOND by Councilor Paul, to adopt the Consent Agenda and take the action indicated for Items 4.01 through Item 4.48. VOTING: unanimous; motion carried.

5.0 DELIBERATIVE AGENDA

5.01 Outdoor Entertainment Permit Application 2018-2019: Honey Road, 156 Church St.

MOTION by Councilor Deane, SECOND by Councilor Roof, to approve the Outdoor Entertainment Permit Application 2018-2019 for Honey Road, 156 Church Street with all standard conditions.

DISCUSSION:

Councilor Deane reported the owners of Honey Road play music through two outdoor speakers at the restaurant onto the Church Street Marketplace during hours of operation. Appropriate decibel levels have been discussed with the owners.

VOTING: unanimous; motion carried.

5.02 Appointment of Chief Administrative Officer – Mayor

Mayor Weinberger requested confirmation of the appointment of Beth Anderson as CAO. Beth Anderson has been serving in the role of Interim CAO. There is no more important position in the city than the CAO role.

MOTION by Councilor Knodell, SECOND by Councilor Paul, to approve the Mayor’s appointment of Beth Anderson as CAO of the City of Burlington beginning May 1, 2018 and to make a finding due to the particular circumstances and specific qualifications that Beth Anderson be compensated outside the limits of the city’s compensation plan pursuant to Section 5.4.A of the Personnel Policies by placing the salary at Step 7 on the CAO pay scale with an FY18 salary of $131,187. VOTING: unanimous; motion carried.

5.03 Outdoor Entertainment Permit 2018-2019: Monarch and the Milkweed, 111 St. Paul

MOTION by Councilor Deane, SECOND by Councilor Roof, to approve the Outdoor Entertainment Permit 2018-2019 for Monarch and the Milkweed, 111 St. Paul Street with all standard conditions.

DISCUSSION:

Councilor Deane explained music will be playing to the outside during hours of operation to attract patrons. Appropriate decibel levels have been discussed with the proprietor.

VOTING: unanimous; motion carried.

5.04 Phase Out of Business Personal Property Tax

CAO Anderson reported $1.3 million in revenue is generated each year from the business personal property tax. Businesses with less than $45,000 in assets are exempt from the tax. Four scenarios have been provided for phasing out the tax. The city has up to 10 years to phase out the tax and to offset the revenue loss. Staff also looked at trying to make the tax more equitable across the board.

Councilor Knodell expressed confidence staff will find a way to phase out the tax and remove this impediment for businesses that actually manufacture in the city.

Mayor Weinberger noted there is no phase out in the FY19 budget. Phase out will begin in FY20 with voter approval to start the process. The Administration will work with the Board of Finance on this.

MOTION by Councilor Knodell, SECOND by Councilor Mason, to request the Board of Finance provide an implementation plan to City Council within six months.

DISCUSSION:

Councilor Bushor urged city councilors to give the Board of Finance input on the scenarios.
Councilor Shannon asked if solar panels are considered business personal property. CAO Anderson will investigate the matter.
Councilor Hartnett suggested getting input from small business owners.
Councilor Mason said if solar panels are included then the phase out should be accelerated because taxing the panels is in conflict with the city’s goal of net zero.

VOTING: unanimous; motion carried.

5.05 December 2017 Resolution on Reduction of Property Tax for Seniors

CAO Anderson and Special Advisor, Rebecca Sameroff, reported a reduction in property taxes for senior citizens is difficult for the city to undertake, but people are encouraged to take advantage of state programs.

Councilor Hartnett urged doing workshops to inform the citizens of available programs.

Councilor Knodell urged doing more research to find out how other states provide relief to low and moderate income residents. There are programs, but people are still allocating too much income to property taxes. Building affordable senior housing needs to be a priority. Also, if reducing fees will burden the city due to loss of revenue then there could be more income sensitivity in the rate structure or more scholarships offered.

Councilor Bushor stated the conversation needs to continue and urged looking beyond Vermont to other states to see if there are ways to reduce the burden such as a deferral program.

Councilor Tracy said people are struggling to stay in their home. This is related to gentrification.

Council President Wright asked if the number is known of the people who do not take advantage of the programs that are offered. Special Advisor Sameroff said the state knows there is a gap, but has not been able to quantify the gap due to the complexity of the forms people must complete.

MOTION by Councilor Pine, SECOND by Councilor Knodell, to refer the resolution to reduce property taxes for seniors to the Community Development and Neighborhood Revitalization Committee (CDNR) for continued discussion.

DISCUSSION:

Councilor Dieng spoke in support of the city taking action. There are knowledgeable people who can do the job.
Councilor Roof expressed confidence that a way to close the loop can be found.
Mayor Weinberger spoke in support of CDNR further exploring the issue. The city is doing much, but can do more to promote low income, affordable senior housing.

VOTING: 11 ayes, one nay (Councilor Dieng); motion carried.

5.06 Update to planBTV

Andy Montroll was recognized for receiving the “Citizen Planner of the Year” award from the State of Vermont.

Principal Planner Tuttle, DPW Director Spencer, and Planning Commission Chair, Andy Montroll, gave a presentation on the 2019 update to planBTV noting the focus of the plan will stay as the long term vision for Burlington. The current planBTV expires in March 2019. The update will maintain the vision, refresh policies and actions, and make the plan more readable. There will be workshops and working meetings in neighborhoods then public hearings before adoption of the updated plan.

Councilor Dieng asked about having separate plans for different areas of the city. Principal Planner Tuttle said planBTV covers the future of the entire city at a high level. PlanBTV Downtown and planBTV South End focus on a particular part of the city to better recognize characteristics and priorities. Councilor Dieng asked where in the plan there is discussion of undergrounding wires and how it is determined which neighborhoods need a plan. Principal Planner Tuttle said there is a section in the plan on infrastructure and utilities being underground in certain parts of the city. Andy Montroll explained the Planning Commission realized after the downtown plan was done that the same should be done in other areas of the city. Planning & Zoning Director White added the public engagement process and talking with neighborhoods helps define a more focused land use development plan and provides more targeted strategies which will help define priorities and how to best undertake a process to address priorities.

Councilor Bushor expressed concern for the loss of detail and leaving more to interpretation by planners rather than residents. The community needs to be brought together to achieve the vision and goals. There should be citywide meetings so all sections of the city can hear all the sub-plans. The NPAs should have this as a focal item. Principal Planner Tuttle said planBTV is the municipal development plan. How planBTV relates to neighborhoods will be identified and the update will show priorities. Andy Montroll said the plan before the zoning re-write did not give enough guidance. The plan should help with zoning and that is the goal. Planning & Zoning Director White said there are sub-plans because all the detail cannot be included in a single document.

Councilor Shannon said planBTV Downtown was developed to give guidance on where taller buildings should be located. The details come in the ordinance. PlanBTV South End is not for the south end neighborhoods, but was done for the Pine Street corridor to plan for change and growth. Councilor Shannon mentioned hearing only one viewpoint at a meeting if those are the only people who attend. Principal Planner Tuttle said there will also be online workshops to gather comment. With public input there is diversity of opinion that might highlight issues for future efforts.

Councilor Deane said there should be a goal in the plan on long term sustainability of the city. Planning & Zoning Director White said a lot of work has been done on what needs to be done to become a sustainable, net zero city and opportunities for the future. Principal Planner Tuttle added reframing the plan will bring these ideas into clear focus and update recommendations and actions. Councilor Deane stated the city’s commitment to sustainability affects everything else in the plan so there needs to be a clear, overarching definition of sustainability.

Councilor Pine said people in the Old North End feel they were as engaged in the plan as other areas of the city.

5.07 FY2018 Report on Livable Wage Ordinance

City Attorney Blackwood reported compliance checks to the Livable Wage ordinance have started and sanctions have been imposed when appropriate. Education sessions are held so people understand the ordinance. There will be follow up with those contractors found to be out of compliance.

Councilor Bushor asked if the City Attorney’s Office is compensated for the time to do the compliance work. City Attorney Blackwood said money is not in the City Attorney’s Office budget for the compliance checks so staff is balancing the compliance checks with the workload in the office. Mayor Weinberger pointed out compliance monitoring work was budgeted in the city budget.

Councilor Dieng asked if contractors are provided with information on paying a livable wage and the penalties for noncompliance. City Attorney Blackwood said there is language in the contracts on compliance. Municipal tickets up to $500 per incidence can be issued for violations. Also, contractors must show proof they have paid their employees a livable wage.

City Council waived the reading, accepted the communication, and placed the information on file.

5.08 Construction Season Overview 2018

DPW Director Spencer and Public Information Manager, Robert Goulding, reviewed the paving, sidewalk, water main, curbing, and storm water work to be done during the 2018 construction season highlighting there is 3.8 miles of water rehab work scheduled, 7.84 miles of paving and patching, 3.7 miles of sidewalks, .67 mile of sewer line work, and .34 mile of storm water work. Public Information Manager Goulding reviewed the communications plan to inform residents on the construction to take place during the season. Traffic will be detoured from streets where the work is taking place.

Councilor Hartnett said the roads in the city are in the worst shape they have ever been which is not acceptable. DPW should pave 24/7 if necessary to get the work done this summer. Paving should be the top priority. DPW Director Spencer said staff is looking at how to push the schedule and expedite projects.

Councilor Shannon said the taxpayers are mindful of cost. Nigh paving is expensive. Staff can investigate night paving for future years. It would be good to research the conditions that led to the current road conditions.

Councilor Dieng spoke positively on the community engagement plan. The city needs to prevent and not just react. Pine Street and the New North End should be priorities. Speed bumps may be necessary after paving because people will likely complain about the speed of cars. More speed tracking machines are needed.

Councilor Tracy urged continuing crack sealing at last year’s level at the very least, and asked what specific elements are being done to improve pedestrian and bike safety in the city. DPW Director Spencer said it is hoped the amount of crack sealing done will exceed what was done last year. For bike/ped safety there are quick build items such as planters, painting, bollards, narrowing crosswalks, calming elements on key corridors.

Mayor Weinberger said staff will follow up on the suggestions, but paving, repairing sidewalks, preventative maintenance are being done at an unprecedented rate. Staff is working extremely hard under challenging conditions.

Councilor Bushor said the message is the condition of the streets is the worst they have been in a long time and ways to augment this year’s work should be sought.

5.09 Continued Development of District Energy System

BED Chief Operating Officer Springer, Attorney Leddy, and members of the citizens group, Mike Canerick and Sam Swanson, explained district energy as the capture of waste heat and steam from the McNeil Plant to be piped to large commercial customers in the city (UVM Medical Center, CityPlace, state government buildings) in a cost competitive way.

MOTION by Councilor Tracy, SECOND by Councilor Hartnett, to waive the reading and adopt the resolution on continued development of a district energy system.

DISCUSSION:

BED COO Springer said BED partnered with Cortix to bring a district energy system to Burlington and would like to make two filings with the Public Utilities Commission (PUC) for BED and the city for this to be a locally controlled project and to not require modification to the McNeil Plant permit. The resolution allows the filings with the PUC.
Councilor Tracy stated the district energy system is a game changer to the energy portfolio for the city and was identified in the climate action plan. There will be more conversation, public engagement, and education.
Councilor Mason asked where the money will come from. BED COO Springer said with the partnership Cortix designs and builds the system, the city has ownership of the structure, but Cortix runs the system and will take a return to repay their investment. The city is the regulatory structure to govern the way rates are set and how expansion works. BED will not expend any dollars outside the budget.
City Attorney Blackwood noted some city dollars will be expended to get the project started and then the system will pay for itself. It is a short term investment for a long term goal.
Councilor Dieng asked if there is risk of losing BED to Cortix. BED COO Springer said there is no risk. BED will sell thermal energy to Cortix for district energy so there will be a new revenue source.
Councilor Knodell acknowledged the people of Burlington (citizens group) who kept the vision of district energy alive for the past 30 years.

VOTING: unanimous; motion carried.

6.0 COMMITTEE REPORTS

Councilor Pine announced CDNR Committee will be discussing ELI.
Councilor Hartnett announced PACC will be hearing updates on the new marina and Memorial Auditorium.
Councilor Roof announced the Public Safety Committee will be discussing the LEOP and priorities for the year.

7.0 CITY COUNCIL – GENERAL AFFAIRS

Councilor Hartnett announced Kids Day, opening day of Little League, and Green Up Day on May 5, 2018.

Councilor Knodell reported the inclusionary zoning work group is working on a consensus plan to come before City Council. A public hearing is scheduled June 11, 2018. The Winooski Avenue Corridor study group is meeting 5/2/18.

Councilor Tracy said the college “spring-fest” was very disruptive in his neighborhood and required a police response. BPD handled the situation very well.

Councilor Dieng said Burlington has beautiful, clean streets and quality of life. Towing cars to other streets in the city needs to be investigated. People are upset about this. Children will be performing African dance during Kids Day.

Councilor Bushor said there needs to be positive, productive conversation between the city and UVM on how to better understand each other.

Councilor Roof said the “spring-fest” event was spawned on social media and was called “Tour de Burlington”. Students from other colleges in addition to UVM participated.

8.0 CITY COUNCIL PRESIDENT – COUNCIL UPDATES

Council President Wright reported:

Don Sinex has only received one response from city councilors on the meeting to discuss building demolition on 5/2/18.
City Council retreat is 5/7/18 beginning at 6:30 PM.
Councilors Mason, Wright, Tracy, and Chief of Staff Redell are serving on the City Council Commission Committee to review applications.
City Hall Park Committee is Councilors Hartnett, Bushor, Wright, Mayor Weinberger, City Arborist, and citizens Monique Fordham and Donna Walters.
Councilors Shannon, Knodell, Dieng, and Chief of Staff Redell are serving on the Mural Committee to select task force members.

9.0 MAYOR – GENERAL AFFAIRS

Mayor Weinberger noted the following:

City Hall Park ad hoc committee is formed There was no appeal of the DRB approval so the committee is moving forward on options.
The public is urged to apply for openings on city boards and commissions. Applications are due 5/23/18.
Discussion of the book “The Unbroken Brain” will be co-chaired by the Chittenden County Opiate Alliance and BPD on May 23, 2018.
May 5, 2018 is opening day of Little League, Girls Soccer League, Kids Day Parade, and Green Up Day.

10.0 ADJOURNMENT

MOTION by Councilor Hartnett, SECOND by Councilor Roof, to adjourn the meeting. VOTING: unanimous; motion carried.

The meeting was adjourned at 10:13 PM.

RScty: MERiordan