City of Burlington, VT

BURLINGTON CITY COUNCIL

CONTOIS AUDITORIUM, CITY HALL

BURLINGTON, VERMONT

MINUTES OF MEETING

July 16, 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

Nick Lopez, Assistant City Attorney

Richard Haesler, Assistant City Attorney

Jordan Redell, Mayor’s Office

Lori Olberg, C/T

Amy Bovee, C/T

Neale Lunderville, BED and Interim CEDO Director

Kirsten Merriman Shapiro, CEDO

Chapin Spencer, DPW

Megan Moir, DPW

Steve Locke, Fire Chief

Robert Plante, Deputy Chief

OTHERS PRESENT: Owen Miller, LCCSC

Jake Perkinson, Fire Commission

Tiki Archambeau, Public Works Commission

Eileen Whalen

Deb Snell

Molly Warner

Jeanne Hunt

Charlie Messing

Laura Lucini

Sarah Adams Kollitz

Kyle Dodson

Keith Pillsbury

Lisa Hollener

Barbara Hedrick

Barbara Nulty

Fareed

Kelly Devine

Jean McCarthy

Stephanie

Hannah Donovan

Ann Taylor

Patti Fischer

Selene Colburn

Bob Bick

Sarah George

Jackie Corgie

1.0 CALL TO ORDER and AGENDA

Council President Wright called the regular City Council meeting to order at 7:03 PM on July 16, 2018 and led the assemblage in the Pledge of Allegiance.

1.01 Agenda

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

Note information on Item 5.17 (DPW engineering workgroup reorganization)
Note revision to Item 5.29 (Workers Compensation FY2019)
Note information on Item 5.31 (Quitclaim Deed, 104 Tracy Drive)
Note correction in Item 5.33 (amount is $5 million)
Add Item 5.34 (IBEW Agreement Extension)
Note revisions to Item 6.05 (Overdose Prevention Sites)

VOTING: unanimous; motion carried.

2.0 RECOGNITIONS

2.01 Executive Fire Officer Program: Deputy Fire Chief Robert Plante

MOTION by Councilor Knodell, SECOND by Councilor Roof, to waive the reading and adopt the resolution recognizing Deputy Fire Chief Robert Plant for successfully completing the Executive Fire Officer Program.

DISCUSSION:

Fire Chief Locke said the intensive program is the pinnacle of fire chief training and half the participants do not complete the program due to the many hours of work and commitment.

VOTING: unanimous; motion carried.

3.0 ANNUAL REPORTS

3.01 Fire Commission

Jake Perkinson, Chair of the Fire Commission, and Fire Chief Locke presented the annual report from the Fire Commission and noted new members and EMT services offered by the department. Chief Locke gave a brief update on regional dispatch service. Proposals from consultants to look at next steps and management services are being reviewed and dispatchers from each community are involved.

3.02 Public Works Commission

Tiki Archambeau, Chair of the Public Works Commission, and Public Works Director Spencer presented the annual report from the Public Works Commission and discussed the traits of the department. Public comment is always welcome. There has been much progress on streets in the city.

Councilor Bushor asked if proposed changes to parking will come to City Council. Director Spencer said the TEUC will review any parking changes before review at the City Council level. City Council will receive recommendations by fall.

Councilor Deane asked about the narrow streets policy. Director Spencer explained emergency vehicles and snowplows must be able to access each street, but the city wants to supply as much parking as possible. Recommendation will be brought to City Council on how to apply the policy to narrow streets across the city.

Councilor Pine asked about a bond issue to deal with storm water and the sewer overflow issue. Director Spencer said a full multi-year capital plan will be brought to City Council and the Administration by December 1, 2018. Capital need of up to $10 million has been identified on plant and pump station replacement. TMDL or other regulatory requirements are not included, only maintenance of the current system.

Council President Wright recessed the City Council meeting at 7:22 PM to convene the Local Control Commission meeting. City Council meeting resumed at 7:23 PM.

4.0 PUBLIC FORUM

Public forum was opened at 7:23 PM.

COMMENTS

Eileen Whalen, CEO of UVM Medical Center, spoke of the importance of nurses at the hospital and supporting the resolution to reach a fair agreement with the nursing union.
Deb Snell, Executive VP of Nurses and Health Professionals, spoke in support of the resolution for a fair agreement and to increase salaries to retain nurses.
Molly Warner, spoke in support of the resolution for a fair settlement. It is important for the community. The hospital has an increase in the number of patients who are more ill, and there is need for more staff in order to provide quality care.
Joanna Hunt spoke in support of nurses having a fair contract and the strike showing overwhelming support by the community and unity of nurses.
Charlie Messing spoke in support of nurses. Mr. Messing also showed a miniature version of a public toilet with louvers and insulated pipes for City Hall Park. The toilets are in use in Portland, Oregon. Cost of each unit is $110,000.
Laura Lucini spoke in support of nurses being heard and honored for who they are.
Sarah Adams Kollitz, Burlington Children’s Space, said the Children’s Space is a proposed recipient of a grant from the Early Learning Initiative and will put the money toward the purchase of a building to secure the future of the program.
Kyle Dodson, YMCA, expressed appreciation for the Y being considered for an ELI grant. The Y is grateful and appreciates the community support.
Keith Pillsbury, Vermont Interfaith Action Community for Affordable Housing spoke in support of inclusionary zoning for economic integration throughout the city. The city is urged to work with UVM on more student housing on campus.
Lisa Hollener, Executive Director of Sara Holbrook Center helping vulnerable children and families, said the Center is one of the proposed recipients of an ELI grant which will help raise more funds for the center and the program.
Barbara Hedrick spoke in support of the inclusionary zoning report to increase affordable housing in the city. The city could be more effective and productive with discussions on UVM housing students on campus which would free up housing in the city.
Barbara Nulty spoke in support of inclusionary zoning and the changes noted in the report.
Fareed spoke in support of nurses, nurse’s aides, and other workers at UVM and the Medical Center, and having a livable wage for all workers.
Kelly Devine, Burlington Business Association, spoke in support of inclusionary zoning, affordable housing, and parking minimums. Copies of comments from BBA members were provided.
Jean McCarthy spoke in support of a fair contract for nurses, noting wage increases for nurses are far less than executive wage increases.
Stephanie (UVM Cancer Center nurse) said there are other issues besides wages in the contract.
Hannah Donovan said the volume and severity of illness of patients have increased at the hospital and it is difficult for nurses to keep up. The hospital is short staffed on all three shifts, and patients suffer. The issue is about the culture and how nurses are treated.
Ann Taylor, physical therapist, spoke in support of nurses, wage increases, and safety. Ms. Taylor also spoke in support of improving the waste water treatment plant and making Lake Champlain beautiful.

There were no further comments. Public Forum was closed at 8:07 PM.

5.0 CONSENT AGENDA

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

5.02 COMMUNICATION: Accountability List

5.03 PERMIT (3 days): Special Event Outdoor Entertainment Permit, Art Hop, September 7-9, 2018

5.04 PERMIT (one day): Special Event Outdoor Entertainment Permit, Switchback Brewing, 160 Flynn Ave. September 29, 2018

5.05 COMMUNICATION: Management of Public Parking Allocation, 194 St. Paul

5.06 COMMUNICATION: Property & Casualty Insurance Renewal FY19

5.07 COMMUNICATION: Municipal Project Management Services, Champlain Parkway Project

5.08 COMMUNICATION: Winooski Bridge Railing Repair Contractor Award

5.09 COMMUNICATION: South Cove Force Main Relining Project Contract, Eastern Pipe Services

5.10 COMMUNICATION: Amend Contingency Sewer and Combined Sewer CIPP Authorization

5.11 COMMUNICATION: Continuum of Care Planning Grant Contract

5.12 COMMUNICATION: “Safer Communities” Grant Amendment

5.13 COMMUNICATION: Sign for Thirty-Odd, LLC

5.14 COMMUNICATION: Sign and Ramp for Pathways Vermont, Inc.

5.15 COMMUNICATION: Early Learning Initiative Grant Slate

5.16 COMMUNICATION: Amend Contract and Budget, CY17 Sidewalk & Curb Reconstruction

5.17 COMMUNICATION: DPW Engineering Workgroup Reorganization

5.18 COMMUNICATION: Step Placement, Linda Murphy

5.19 COMMUNICATION: April 2018 Financials

5.20 COMMUNICATION: Handout, Joanne Hunt, 6/25/18

5.21 REPORT: Board of Tax Appeals

5.22 REPORT: Winooski Valley Park District

5.23 COMMUNICATION: FIO Document(s)

5.24 ORDINANCE: ZA#18-05, Article 3 Amendments

5.25 ORDINANCE: ZA#18-06, Bike Parking

5.26 ORDINANCE: ZA#18-07, Conditional Use Exemptions

5.27 RESOLUTION: Amendment A, Ground Lease, Community Sailing Center

5.28 RESOLUTION: Grant to Lake Champlain Land Trust, Rock Point Property

5.29 RESOLUTION: Workers Compensation FY2019

5.30 RESOLUTION: Quitclaim Deed, 43 Meridian Street

5.31 RESOLUTION: Quitclaim Deed, 104 Tracy Drive

5.32 RESOLUTION: Appointment(s), Board of Medical Examiners, Dr. V. Backus, Dr. K. Huyck, Dr. J. Schwartzberg

5.33 RESOLUTION: Public Improvement Bonds, School District Capital Improvements

5.34 COMMUNICATION: IBEW Agreement Extension

MOTION by Councilor Knodell, SECOND by Councilor Pine, to adopt the Consent Agenda and take the action indicated for Item 5.01 through Item 5.34. VOTING: unanimous; motion carried.

Council President Wright recessed the City Council meeting at 8:08 PM to convene the City Council with Mayor Presiding meeting. City Council meeting resumed at 8:18 PM.

6.0 DELIBERATIVE AGENDA

6.01 Appointment of Assistant City Attorney - Mayor

Mayor Weinberger said Nick Lopez is the former Assistant Attorney General for the State of Colorado and has extensive experience. Attorney Lopez is well recommended by his colleagues and firms he represented.

Nick Lopez said he is excited for the opportunity to work for the City of Burlington. Councilor Bushor said she is looking forward to working with Attorney Lopez on committees and for advice from the City Attorney’s Office.

MOTION by Councilor Shannon, SECOND by Councilor Deane, to confirm the Mayor’s appointment of Nick Lopez as Assistant City Attorney effective July 30, 2018. VOTING: unanimous; motion carried.

6.02 Lake Champlain Community Sailing Center Annual Report – CEDO

CEDO Senior Project Specialist Shapiro and LCCSC Director Miller reviewed the Signature Programs and Community Credit Summary in the annual report from the Community Sailing Center. It was noted the scholarships provided exceeded the goal. There was discussion of the Sailing Center providing people without boats access to the lake, and programs outside the school year. Director Miller said next steps include having yearlong classrooms and programs to address all ages, demographics, and accessibilities.

6.03 Report of the Inclusionary Zoning Working Group

MOTION by Councilor Knodell, SECOND by Councilor Pine, to adopt the resolution on inclusionary zoning.

DISCUSSION:

Councilor Knodell gave a brief history of the working group on inclusionary zoning, recommendations created by the group, and key elements of the inclusionary zoning ordinance.
Recommendations include:

Exempt small projects from the requirement.
Let developers build more units for higher income than required or fewer units, but for lower income households.
Allow payment in lieu of taxes (PILOT) by the developer to the city’s housing trust fund. Size and location of the project determines the amount. Small projects have a PILOT of $35,000. Medium and large projects have a PILOT of $70,000 and $85,000 respectively only in an inclusive neighborhood.
No change to the current law of five units or 15% meeting the affordability requirement (25% in the Waterfront District). If there are high-end units then up to 25% must meet the affordability requirement.
Prices of rentals are at 65% of area median income (AMI) or 70% AMI with an owner occupied unit.

VOTING: unanimous; motion carried.

6.04 Negotiations between UVM Medical Center and Nurses Union

Councilor Bushor recused herself due to her employment at the hospital.

MOTION by Councilor Pine, SECOND by Councilor Hartnett, to approve the resolution on finding common ground in the negotiations between the UVM Medical Center Administration and the nurse’s union, VFNHP Local 5221.

DISCUSSION:

Councilor Pine said it is appropriate for City Council to take a position for the general health and well-being of the community.
Councilor Knodell read the resolution into the record.
Councilor Hartnett spoke of finding common ground to end the public safety crisis and avoid another strike.
Councilor Shannon spoke of resolving the negotiations on disparity in pay and staffing.

AMENDMENT by Councilor Shannon, SECOND by Councilor Deane, to amend Line 21 in the resolution by inserting “after adjusting” before “for the cost of living”. VOTING on amendment: unanimous; motion carried.

CONTINUED DISCUSSION OF MOTION AS AMENDED:

Councilor Tracy spoke in support of the nurses in the process and the tremendous impact nurses have on the community.
Mayor Weinberger noted the high quality of health care at the Medical Center and the essential role of nurses.
Council President Wright said patients get the best care from nurses at the Medical Center. The negotiations need to be resolved as quickly as possible to provide a fair contract, the best care for patients, and better morale for all.

VOTING: unanimous; motion carried.

Councilor Bushor returned to City Council.

6.05 Overdose Prevention Sites, Low Barrier Distribution of Buprenorphine, Other Evidence-based Practices to Reduce Opioid Overdoses and Provide Treatment

MOTION by Councilor Paul, SECOND by Councilor Shannon, to adopt the resolution in support of overdose prevention sites, low barrier distribution of Buprenorphine, and other evidence-based practices to reduce opioid overdoses and provide treatment and recovery options for opioid addiction.

DISCUSSION:

Councilor Paul read a statement on the opioid epidemic and drug overdoses, and urged the city to explore hosting a safe injection site.
Dr. Patti Fischer spoke of people being dependent on opioids and IV drug use, and the effectiveness of safe injection facilities.
State Representative Selene Colburn spoke in support of the resolution which affirms initiatives that are underway. The resolution links to City Council which is good.
State Attorney Sarah George spoke in support of the resolution and being a part of the solution.
Bob Bick, Howard Center, said the resolution adds tools to the toolbox to keep people alive until they can get help.
Jackie Corgie spoke of the crisis in the community and losing people to overdoses.
Fire Chief Locke said there is a public health crisis. More has to be done than what is being done currently.
Mayor Weinberger explained the work of CommunityStat to address the opioid epidemic and discuss systems/policies and person-centered services. There are over 45 active partners. Up next are low barrier MAT, drug testing mechanisms such as fentanyl strips, and safe injection facilities.

AMENDMENT by Councilor Hartnett, SECOND by Councilor Knodell, to amend the resolution by deleting lines 92, 93, 110 through 118, and 124 through 133 dealing with the actual injection sites.

DISCUSSION OF AMENDMENT (delete lines pertaining to injection sites):

Councilor Hartnett said the injection sites are not legal and the activity would be a criminal prosecution according to the Attorney General’s Office. Federal law needs to change before there are injection sites. The focus should be on prevention and education, and reaching the next generation. Time, money, and resources should be spent where most effective.
Councilor Mason said the city should not wait for legislation or something to change on the federal level. Experts in the field support the resolution.
Councilor Bushor cited the positive results of a methadone clinic that is in operation. The city can work through the legal questions. The need is great. Delay costs lives. Time is of the essence. Exploration of the idea of safe injection sites is important.
Councilor Tracy cautioned that the longer the city waits, more people will die. The resolution will allow the city to gather valuable information.
Councilor Knodell said time and resources are limited. ComStat has been leading the work and should do the prioritization. The resolution should be supported based on what is known, not on wanting to explore whether to support the sites or not.
Councilor Dieng mentioned pursuing the drug dealers and making sure the sites are legal. There is great work being done and people need to be informed, but more information is needed. People in Seattle, Washington, who operate injection sites advise focusing on prevention and treatment. Burlington should not be the injection site hub for the region. There should be other sites throughout the state.
Councilor Shannon said the resolution supports exploring the idea to set up injection sites. The information from the experts is saying this is the direction to take. Prevention has not been successful. People are dying.

VOTING ON AMENDMENT (delete lines in resolution pertaining to injection sites): 3 ayes, 9 nays (Councilor Pine, Councilor Dieng, Councilor Tracy, Councilor Bushor, Councilor Mason, Councilor Shannon, Councilor Paul, Councilor Roof, Councilor Deane); motion does not carry. The amendment fails.

AMENDMENT by Councilor Knodell, SECOND by Councilor Hartnett, to postpone action on the resolution until October 15, 2018 to allow the NPAs to comment and to hold a City Council work session on the resolution prior to the October 15, 2018 meeting.

DISCUSSION OF AMENDMENT (postpone to October 15, 2018):

Councilor Knodell said a mobile site and a physical site in the city would likely be in the Old North End so the residents there should have opportunity to comment.

Councilor Pine requested a recess. Council President Wright recessed the meeting at 10:15 PM. City Council meeting resumed at 10:26 PM.

MOTION by Councilor Mason, SECOND by Councilor Bushor, to suspend the rules to complete action on Item 6.05 (Injection Sites) only. VOTING: 11 ayes, one nay (Councilor Hartnett); motion carried.

VOTING ON AMENDMENT (postpone to 10/15/18): 3 ayes, 9 nays (Councilor Pine, Councilor Dieng, Councilor Tracy, Councilor Bushor, Councilor Mason, Councilor Shannon, Councilor Paul, Councilor Roof, Councilor Deane); motion does not carry. The amendment fails.

AMENDMENT by Councilor Dieng, SECOND by Councilor Pine, to change the title of the resolution to include the word “exploration”. VOTING: unanimous; motion carried.

AMENDMENT by Councilor Dieng, SECOND by Councilor Pine, to amend the resolution (lines 92 & 93) to explore hosting a pilot site and present the findings to City Council by July 2019.

DISCUSSION OF AMENDMENT (host pilot site):

Councilor Paul said clarification is needed on the report of the exploration. Councilor Dieng explained whomever is doing the exploration will make the report. Councilor Paul pointed out the resolution calls for ComStat to do the work.
Councilor Knodell said the resolution states a quarterly report.

CALL THE QUESTION by Councilor Hartnett. Discussion ceased.

VOTING ON AMENDMENT (host pilot site): 7 ayes, 5 nays (Councilor Deane, Councilor Roof, Councilor Mason, Councilor Hartnett, Councilor Knodell); motion carried. The amendment passes.

AMENDMENT by Councilor Dieng, SECOND by Councilor Pine, to amend the resolution (lines 119 & 120) to have the Council President appoint two city councilors to CommunityStat and the Mayor appoint a member of the community to CommunityStat for greater diversity of perspective not already included.

DISCUSSION OF AMENDMENT (appointments to ComStat);

Councilor Shannon pointed out CommunityStat is the Mayor’s initiative and it is not certain who the community member would be for a community perspective that is not already included. The Mayor should make the appointments.
Mayor Weinberger said the effort to involve City Council in ComStat is appreciated, but much time and effort has already been put into the initiative. Being involved is a commitment. Those involved must understand the culture and what is needed to make it work.

VOTING ON AMENDMENT (appointments to ComStat): 6 ayes, 6 nays (Councilor Deane, Councilor Roof, Councilor Paul, Councilor Shannon, Councilor Mason, Councilor Bushor); motion does not carry. The amendment fails.

AMENDMENT by Councilor Knodell, SECOND by Councilor Hartnett, to amend the resolution after Line 134 to add: “Be it further resolved that the establishment of a safe injection site in the City of Burlington will not take place unless and until City Council affirmatively votes to do so.”

DISCUSSION OF AMENDMENT (City Council approve injection site):

Councilor Paul clarified the term is “overdose prevention site” and requested the amendment reflect this. Councilor Knodell agreed, but added most people are not clear on what an “overdose prevention site” is exactly.
Councilor Knodell agreed to change the wording to state “overdose prevention site”.

VOTING ON AMENDMENT (City Council approve overdose prevention site): unanimous; motion carried. The amendment passes.

AMENDMENT by Councilor Knodell, SECOND by Councilor Bushor, to amend the resolution after Line 134 to add: “Be it further resolved that the vigorous prosecution of illegal drug trafficking in the City of Burlington will not be compromised by the exploration of an overdose prevention site (a/k/a safe injection site) as proposed in the resolution.”

DISCUSSION OF AMENDMENT (prosecution of illegal drug trafficking):

Councilor Knodell said the vigorous prosecution in place now must continue. Drug trafficking has negative impacts on the community and the city cannot back off from prosecution as it pursues harm reduction strategies.
Assistant City Attorney Haesler pointed out there is prosecution of drug trafficking by other entities in the city beside BPD so the resolution should say “by the City of Burlington”.
Councilor Tracy asked State Attorney George if exploration of sites provides any impediment to prosecution of drug trafficking by the city. State Attorney George said absolutely not, adding there is vigorous prosecution at the federal and state level as well.

VOTING ON AMENDMENT (prosecuting illegal drug trafficking): 8 ayes, 4 nays (Councilor Tracy, Councilor Shannon, Councilor Dieng, Councilor Pine); motion carried. The amendment passes.

CONTINUED DISCUSSION OF MOTION AS AMENDED:

Councilor Hartnett reiterated the focus should be on prevention until the message reaches the next generation. The message should be part of the school curriculum, in the student handbook, and with pediatricians. The resolution has good intentions, but detracts from the good work being done by the Mayor and ComStat. There should not be two city councilors on ComStat.
Councilor Bushor said people in a crisis state need help. Having a site should be explored. The Mayor should appoint two city councilors to ComStat.
Councilor Roof said both short and long term solutions should be considered. The longer term is prevention. Exploring how to have a site should be done.
Councilor Pine said this is about treatment, intervention, and prevention. When preventing use fails then the focus should be on preventing the harm of use.
Councilor Dieng suggested adding specification in the resolution on the funding. Mayor Weinberger said Safe Recovery had federal and state funding, but the funding has been in jeopardy. Baseline funding has been continued.

Councilor Dieng requested a recess. Council President Wright recessed the meeting at 11:22 PM. City Council meeting resumed at 11:30 PM.

Councilor Knodell said constituents who may be affected by a physical site have not been heard. Also, frontline personnel currently responding to overdoses have not been heard. Other perspectives need to be heard and the unintended consequences fully evaluated. Nothing has been presented to say that overdose prevention sites reduce addiction, only that they reduce harm and death.
Councilor Tracy said the resolution brings together a host of harm reduction strategies and engages multiple stakeholders in conversation.
Councilor Hartnett said his research revealed the sites do not make a difference with addiction. The scope of the resolution is so broad. There should have been a work session to hammer out the details before the matter was brought to City Council.
Councilor Shannon agreed exploring overdose prevention sites will not prevent addiction, but the city needs to try to help save lives and the sites are a step. The resolution is multi-faceted and thorough.
Councilor Pine said the evidence shows the sites lead to greater utilization and access to treatment. One aspect of the issue cannot be isolated because the issue is complicated.
Council President Wright said the resolution has good strategies and the Mayor and CommunityStat are doing great work. The safe injection sites or overdose prevention sites detract from what is being done. The state legislation needed to make the sites happen did not pass this session of the legislature.
Mayor Weinberger said the issue is challenging. Conversation will continue.

VOTING ON MOTION AS AMENDED (by roll call): Councilor Bushor – aye, Councilor Deane – aye, Councilor Dieng – ayes, Councilor Hartnett – nay, Councilor Knodell – nay, Councilor Mason – aye, Councilor Paul – aye, Councilor Pine – aye, Councilor Roof – aye, Councilor Shannon – aye, Councilor Tracy – aye, Council President Wright – nay (9 ayes, 3 nays); motion carried. The resolution as amended passes.

7.0 COMMITTEE REPORTS

No report.

8.0 CITY COUNCIL – GENERAL AFFAIRS

No report.

9.0 CITY COUNCIL PRESIDENT – COUNCIL UPDATES

No report.

10.0 MAYOR – GENERAL AFFAIRS

No report.

11.0 ADJOURNMENT

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

The meeting was adjourned at 11:43 PM.

RScty: MERiordan