City of Burlington, VT

BURLINGTON CITY COUNCIL

CONTOIS AUDITORIUM, CITY HALL

BURLINGTON, VERMONT

MINUTES OF MEETING

April 29, 2019

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

Perri Freeman – Central District

Franklin Paulino – North District

Joan Shannon – South District

Jack Hanson – 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: Beth Anderson, CAO

Rich Goodwin, DFO

Eileen Blackwood, City Attorney

Jordan Redell, Mayor’s Office

Olivia LaVechia, Mayor’s Office

Deanna Paluba, HR

Brian Lowe, IT

Lori Olberg, C/T

Amy Bovee, C/T

Chapin Spencer, DPW

Megan Moir, Water Resources

David White, CEDO

Gillian Nanton, CEDO

Valerie Russell, CEDO

Todd Rollings, CEDO

OTHERS PRESENT: William Voegle

Chelsea Zegalbaum

Sarah Reeves

Chris Hadgel

Charlie Messing

Gene Bergman

Sandy Wynne

Ann Taylor

Jonathan Chapple Sokol

Charles Winkleman

Brian Waters

Kelly Devine

Steve Goodkind

Stephen Marshall

Jennifer Decker

Caryn Long

1.0 CALL TO ORDER and AGENDA

Council President Wright called the meeting to order at 6:25 PM on April 29, 2019.

1.01 Agenda

MOTION by Councilor Bushor, SECOND by Councilor Mason, to approve the agenda with the following amendments:

Removed Item 4.05 (Special Event Outdoor Entertainment Permit: BCA) and place on Deliberative Agenda as Item 5.10
Note information for Item 5.06 (CDBG/2019 Action Plan Housing & Community Development)
Note information for Item 5.08 (Staffing Structure Water Resources Division)
Note information for Item 5.09 (Access to Public Bathrooms)

VOTING: unanimous; motion carried.

2.0 EXECUTIVE SESSION: Update on Investigation of Kilburn Death

Councilor Paulino recused himself. City Council met in Executive Session at 6:30 PM to hear an update from Chief del Pozo on the Kilburn death investigation. Executive Session was adjourned and the City Council meeting was recessed at 7:02 PM.

Council President Wright reconvened the City Council meeting at 7:15 PM and led the assemblage in the Pledge of Allegiance then immediately recessed the meeting to convene the Local Control Commission and City Council with Mayor Presiding meetings. The City Council meeting resumed at 7:25 PM.

3.0 PUBLIC FORUM

Public forum was opened at 7:26 PM.

COMMENTS

Chris Hadgel welcomed the new city councilors and reviewed the scenic curtain of Church Street, noting the curtain is one of many historic stage sceneries.
Charlie Messing advocated for the free College Street shuttle and urged City Council to support the free shuttle which is very important and needed.
Gene Bergman asked that City Council hold hearings on GMT charging for the College Street shuttle and do everything possible to save the free service.
Sandy Wynne spoke about the Neighborhood Project Report and urged City Council to put pressure on UVM to build more student housing that is affordable. There should be serious fines for violations by landlords.
Ann Taylor spoke against e-bikes on the bike path (too narrow) and in support of all bikes having bells and abiding by speed limits. Improved communication is needed.
Jonathan Chapple Sokol read a resolution in support of sidewalk safety and accessibility.
Charles Wickleman spoke of City Council keeping a check on the behavior of the Mayor and Burlington Police Chief.
Brian Waters spoke of police violence against citizens.
Kelly Devine conveyed BBA support of the resolution to increase access to public bathrooms especially bathrooms on the waterfront in the summer season.
Steve Goodkind spoke of the city not repaying money from BT to city taxpayers and the Administration having too many optics and not enough vision.
Stephen Marshall spoke of providing public bathrooms around the city and maintaining the facilities.
Jennifer Decker spoke of people injured or killed by escalating responses by police and asked for a moment of silence of those who have passed away.
Caryn Long mentioned the Neighborhood Project and the need to enforce zoning and save neighborhoods in the city.

There were no further comments from the public. Public Forum was closed at 7:58 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: Lease of Space to TSA

4.04 COMMUNICATION: Reclassification of Genera Foreman Position

4.05 PERMIT: BCA Summer Artist Market [moved to Item 5.10]

4.06 PERMIT: Special Event Permit: Zero Gravity, 716 Pine Street

4.07 COMMUNICATION: Encumbrance Permit, 194 College Street

4.08 COMMUNICATION: Encumbrance Permit, 189 Bank Street

4.09 COMMUNICATION: Contract, Dore & Whittier

4.10 COMMUNICATION: Contracts, Alliance Mechanical & Temperature Controls

4.11 COMMUNICATION: Step Placement, Chad Lambert

4.12 COMMUNICATION: CSWD Resignation, Rob Green

4.13 PERMIT: Indoor/Outdoor Entertainment Permit Renewals 2019-2020

4.14 COMMUNICATION: BT Sale Optics, Steve Goodkind

4.15 COMMUNICATION: Openings Burlington City Commissions/Boards

4.16 COMMUNICATION: Contracts, Citywide Reappraisal

4.17 COMMUNICATION: FIO Document(s)

4.18 RESOLUTION: Quitclaim Deed, 1460 North Avenue

4.19 RESOLUTION: Pledge of Credit for Electric Department

4.20 RESOLUTION: Lease/Purchase Agreement for Equipment, BED

MOTION by Councilor Bushor, SECOND by Councilor Paulino, to adopt the Consent Agenda and take the actions indicated for Items 4.01 through 4.20. VOTING: unanimous; motion carried.

5.0 DELIBERATIVE AGENDA

5.01 Appointment: Fence Viewer (term expires 6/30/19)

MOTION by Councilor Mason, SECOND by Councilor Shannon, to nominate Gordon Dragoon. There were no other nominations. VOTING: unanimous; motion carried.

Gordon Dragoon is appointed Fence Viewer for a term expiring 6/30/19.

5.02 Indoor Entertainment Permit Application 2019-2020: Pho Son, 213 College Street

MOTION by Councilor Roof, SECOND by Councilor Tracy, to approve the 2019-2020 Indoor Entertainment Permit Application for Pho Son, 213 College Street, to allow indoor entertainment from 11 AM to 9 PM daily and with all standard conditions. VOTING: unanimous; motion carried.

5.03 Update on CityPlace Burlington

Representatives from Brookfield, William Voegle and Chelsea Zegalbaum, updated City Council on communications with Jeff Glassberg and stakeholders. Mr. Voegle said Brookfield has been meeting in the city every week since January and working on a host of items. The focus remains moving the project forward. There is a fully executed term sheet with Bank of the Ozarks and 100% complete construction documents out to bid. Key milestones with UVM MC have been addressed. There are still some key milestones to hit. There will be more clarity on timing to get the project under construction.

Councilor Tracy said City Council has not had regular updates. Better channels of communication with City Council and the public are needed. William Voegle said the process has been focusing on the fundamentals such as getting the drawings complete and out to bid, financing, and typical milestones. There has been a tremendous amount of communication (not necessarily in a public forum) and the project is on the threshold of more frequent meetings and directly engaging with the community. Brookfield relies on the Mayor and City Council President to determine when updates before City Council will be done. All the effort is toward getting the project under construction. The goal is to communicate with City Council as frequently and effectively as possible, but with something of substance to communicate. There will be meetings with the community. To date most of the outreach has been one-on-one and with the stakeholders and people immediately affected by and have interest in the project.

Councilor Bushor asked if Brookfield can confirm the project will begin in May. William Voegle said there are key milestones to meet first. Councilor Bushor said City Council should be at the top of the list with communications. A PR person should be hired to provide information on a timely basis and understand and appreciate the environment of Vermont.

Councilor Mason asked if there are any potential changes to the scope of the project. William Voegle said the project shown to City Council is the project out to bid. There could be refinements down the road. Councilor Mason asked if there is a timeframe for when the project will begin. William Voegle stressed the motivation remains to get the project under construction.

Councilor Roof asked for further explanation of the “boxes to be checked” referred to by Mr. Voegle. William Voegle said fundamentally the boxes are how to build the right project for the community so the focus has been on doing the fundamentals of development. Clarity can be provided on the fundamental steps of development.

Councilor Dieng asked if updates have been provided to Mr. Glassberg and the Mayor. William Voegle confirmed this is the way the consultant and the city are kept informed. There have been bi-weekly owner-architect-contractor (AOC) meetings. Mr. Glassberg discusses the public improvement side of the project. Councilor Dieng asked when the project is expected to start. William Voegle replied one of the largest owners of real estate in the world (Brookfield) is focused on getting the project under construction.

Councilor Hanson asked for an update on district heating. William Voegle said there have been some discussions of the initiative and ongoing discussions of the prospect of extending district energy. Councilor Hanson asked if there is still the commitment to having district heating and being a hub. William Voegle said there has not been any change since the commitment was made. District energy needs to make sense for everyone and that requires a process of due diligence, analysis, and review. District energy is not on the current radar as a key part of the updates to City Council. Councilor Hanson stressed it is important for the commitment to district energy to be maintained. Mayor Weinberger noted there is legislative action that is a critical step to the district energy system. The Administration can give a broader update on the initiative.

Franklin Paulino suggested a representative from Brookfield attend an NPA meeting to give an update and explore what measures can be done for the loss of parking if the project is not to begin by June.

Councilor Pine said city councilor constituents are frustrated by not being able to understand what is happening with the project, and would like to know the role of Don Sinex at this point. William Voegle said Don Sinex is a valued partner with Brookfield as Brookfield takes on a more active role as managing member and primary equity contributor to move the project forward. Councilor Pine asked if the term sheet is executed. William Voegle confirmed this and added term sheets do not come easily from banks.

Councilor Paul pointed out City Council approved the development agreement and worked hard to secure what was needed for the project so the silence from the developer is disconcerting. There should be more regular, consistent exchanges. William Voegle agreed and recognized the past efforts by all to get to this point.

Council President Wright asked if there is communication between Brookfield and Don Sinex so one message is heard. William Voegle said this is so, but a better job can be done so the message that comes out in the press is consistent. Council President Wright asked if Brookfield is still 100% behind the project. William Voegle confirmed this.

5.04 Presentation: CSWD FY2020 Budget

Sarah Reeves, CSWD Executive Director, presented the CSWD FY20 budget, highlighting proposed revenues, expenditures, solid waste management fee at $27/ton (no change), name change of Green Mountain Compost to Organics Diversion Facility and focus on managing organics rather than sale of compost, organics diversion fee of $60/ton, tip fee increase at the MRF to $65/ton, site selection process for a larger MRF, new DOC in Hinesburg, and modest increases in fees at the DOC including a new fee for recycling of $2 per trip if only recyclables are brought to the DOC without trash.

Councilor Bushor asked if the budget was voted unanimously by the CSWD board and if the Burlington representative voted in the affirmative. Sarah Reeves confirmed this. Councilor Bushor expressed dissatisfaction with the direction organics is taking and the increase in trash coming into the district, questioning if elimination of the Re-Use Zone could be a factor. Increasing fees could be a disincentive. Sarah Reeves said CSWD will continue to sell compost material to local markets and there was more volume coming into the district than could be handled so the approach had to change.

Councilor Roof acknowledged the need to show the true cost of recycling and asked about the plan to incentivize waste reduction throughout the district. Sarah Reeves said CSWD will hone in on waste reduction by being more interactive with people to focus on practical ways to decrease waste production.

Councilor Hanson suggested before action is taken on the budget the TEUC discuss how to reduce waste. Communities have been successful by shifting the cost burden to trash and less on composting and recycling, but CSWD is doing the opposite and this needs a deeper look. Changes in education and communication are good.

MOTION by Councilor Hanson, SECOND by Councilor Freeman, to refer the proposed CSWD FY2020 budget to the Transportation, Energy, Utilities Committee (TEUC) for further research.

DISCUSSION:

Councilor Mason suggested stating a finite date for the report from the committee. Councilor Hanson said a report can be ready for the next City Council meeting.
Councilor Tracy confirmed the TEUC can address the matter at the next TEUC meeting.

VOTING: unanimous; motion carried.

Councilor Mason mentioned the situation in the city with residents having Monday trash and recycling pickup as part of their bill, but if a holiday falls on a Monday the residents must bring the material to the DOC and pay again.

Councilor Dieng suggested the road to the DOC in Burlington be improved and a hose be available to clean out containers.

5.05 The Neighborhood Project (TNP) Final Report

MOTION by Councilor Roof, SECOND by Councilor Pine, to accept The Neighborhood Project and refer the recommendations to the Community Development and Neighborhood Revitalization Committee for review and prioritization of actions as well as to develop a plan and timeframe to move forward in collaboration with the Administration.

DISCUSSION;

CEDO Director White and CEDO Assistant Director Nanton along with the consultant, Kevin Speidel, reported the action plan is one proposal on availability of affordable housing and a proactive strategy with the colleges in the area. The present state of student housing in Burlington and best practices to address off campus student impacts were reviewed. There are long term student areas in neighborhoods. Student rentals can be managed through a regulatory process, but there needs to be a balance with single family homes. There is no perfect solution, but if nothing is done the situation as it is now will continue. The goal is to provide a toolkit for the city and colleges and the housing community to address the issue.
Councilor Shannon said she has witnessed houses being converted to boarding homes and then converted back to single family houses so there is question if the ordinance is effective. The comments from Sandy Wynne regarding student housing and fines for violations should be forwarded to the CDNR Committee for consideration of inclusion in the report from TNP.
Councilor Bushor said the report shows where neighborhoods are on the brink. There is a loophole for ‘functional family’ so the foreign related rule does not have to be enforced.
Councilor Tracy said neighborhoods need people across the socio-economic spectrum. Cooperatives should be considered. Kevin Speidel said a long term affordability strategy is needed and there are a number of vehicles for this.
Councilor Hanson said there should be concrete action from the report. The problem is not the students, but market forces and landlords.
Councilor Paul said a program needs to be created for neighborhoods impacted by students. Quality of life is a challenge for neighborhoods off balance with more students than single family residences or neighborhoods surrounded by students. UVM needs to house more students on campus.
Councilor Dieng asked if the colleges were involved in creating the report. Kevin Speidel said feedback was gathered from lots of people and now it is time to focus on solving the demographic change in neighborhoods. Councilor Dieng asked if the housing agreement between the city and institutions was reviewed. Mr. Speidel confirmed this.
Councilor Roof observed the report has impact citywide and UVM has indicated readiness to discuss new development on campus.
Mayor Weinberger said the problem is a function of market forces, but city regulations shape the market. Production is going up in affordable housing. The housing summit is June 11, 2019.

VOTING: unanimous; motion carried.

5.06 Public Hearing: 2019 Community Development Block Grant and HOME Allocations\2019 Action Plan for Housing & Community Development

The public hearing was opened at 9:57 PM. Staff reported the final action plan will be presented to City Council in April, 2019. Councilor Pine commented the block grant program is a great model. There were no other comments. The public hearing was closed at 9:58 PM.

5.07 Bee City USA Designation – Councilors Bushor, Hanson

MOTION by Councilor Bushor, SECOND by Councilor Hanson, to waive the reading and adopt the resolution on Bee City USA designation for Burlington.

DISCUSSION:

Councilor Bushor read a statement about using native plant species and having an education program on the use of pesticides that are harmful to bees. It is hoped City Hall Park will have pollinator friendly plantings.
Councilor Hanson said it is critical to take these steps as climate change becomes more real.
Councilor Pine mentioned the plants sold at the larger box stores have insecticide in the seeds that are harmful to bees.
Councilor Freeman said the insect population is declining annually as an indication of extinction.

VOTING: unanimous; motion carried.

5.08 Update to Water Resources Division Staffing Structure – Board of Finance

DPW Director Spencer and Water Resources Director Moir reported there will be more detail on low income, low volume users and rate structure tiers from the study. There will be a robust stakeholder process.

Councilor Bushor said the information should come before the sitting City Council and suggested the date of the report be advanced to January 2020 rather than March 2020.

MOTION by Councilor Bushor, SECOND by Councilor Freeman, to change the date on Line 80 of the resolution from March 15, 2020 to January 31, 2020.

DISCUSSION:

Councilor Shannon expressed concern about the impact on staff by the date change. It is disrespectful of staff to dictate a date rather than work with staff on an appropriate date to change the rates.
DPW Spencer said staff cannot guarantee meeting the January date given the anticipated staff leave time and more time is needed to produce what City Council wants.
Mayor Weinberger stated this is the best schedule staff can produce. Water Resources is a small department doing great work. It is unfair micro-managing to change the date to avoid the potential of new city councilors making the final decision.
Councilor Dieng echoed the Mayor’s comments.
Councilor Bushor said March 15^th is after town meeting day and late for the budget. The information should be ready before town meeting, but more importantly before the budget process ends.
Councilor Freeman spoke in support of the earlier deadline in order to weigh the impact of changing rates on the ratepayers.
Councilor Hanson said getting relief in place sooner will be beneficial.
Water Resources Director Moir said traditionally rates are changed at the fiscal year, but the rates can be changed at any time. The study needs to be done comprehensively so the rates are not being changed each year and there is a well-crafted plan. The consultant is not yet hired. Staff cannot promise a good product by the end of January.

VOTING: 3 ayes, 9 nays (Council President Wright, Councilor Paulino, Councilor Roof, Councilor Paul, Councilor Shannon, Councilor Mason, Councilor Dieng, Councilor Pine, Councilor Hanson); motion does not carry.

MOTION by Councilor Paulino, SECOND by Councilor Paul, to waive the reading and adopt the resolution on the staffing structure of the Public Works Water Resources Division. VOTING: unanimous; motion carried.

5.09 Increasing Access to Publicly Available Bathroom Facilities – Councilor Roof

MOTION by Councilor Roof, SECOND by Councilor Pine, to waive the reading and adopt the resolution on increasing access to publicly available bathroom facilities.

DISCUSSION:

Councilor Roof said the resolution calls for the Administration to identify locations for new public bathrooms, open existing bathrooms, and reporting on short and long term solutions in June, 2019.

VOTING: unanimous; motion carried.

5.10 Special Event Outdoor Entertainment Permit Application: Burlington City Arts

MOTION by Councilor Roof, SECOND by Councilor Tracy, to approve the Special Event Outdoor Entertainment Permit Application for Burlington City Arts for every Saturday from May 12, 2019 to October 12, 2019 from 8 AM to 3 PM for the summer artist market on the lower block of Church Street.

DISCUSSION:

Councilor Bushor asked if there is a conflict with the Jazz Festival. Councilor Roof said Doreen Kraft said the BCA and the Jazz Festival team worked collaboratively to make the artist market successful.

VOTING: unanimous; motion carried.

6.0 COMMITTEE REPORTS

Councilor Tracy announced the TEUC will meet May 7, 2019 to discuss GMT and the College Street shuttle and CSWD.
Councilor Bushor announced the Ordinance Committee will meet May 7, 2019 to discuss ZA#19-07 – Commercial Uses ELM
Councilor Shannon announced the PACC will meet May 8, 2019 for the organizational meeting.

MOTION by Councilor Bushor, SECOND by Councilor Shannon, to suspend the rules at 10:30 PM and complete the agenda. VOTING: unanimous; motion carried.

7.0 CITY COUNCIL – GENERAL AFFAIRS

Councilor Shannon reported on the meeting with mayors and city councilors from Jordan. There are more refugees from Syria in Jordan than citizens of Jordan. The citizens take the refugees into their homes. Women in Jordan are starting to win more seats on the governing board beyond the stated quota.
Councilor Shannon announced the 2030 District Meeting to address climate change on May 1, 2019.
Councilor Bushor mentioned the following items:

Information is needed on the College Street shuttle and the city partnering with the medical center.
Jeff Glassberg reporting to City Council on a regular basis if he is the interface person for the CityPlace project.
E-scooters were denied in Boston due to safety issues.

Councilor Freeman announced Wards 2 and 3 NPA is meeting May 9, 2019 to discuss public safety.

8.0 CITY COUNCIL PRESIDENT – COUNCIL UPDATES

No updates.

9.0 MAYOR – GENERAL AFFAIRS

Mayor Weinberger reported:

The plan by the City Arborist is to plant 360 new street trees.
Burlington was named the fourth city in the country for solar installation per capita.
Little League opening day, GBGL soccer, and Green Up Day are the first weekend in May.
Kids Day is May 11, 2019.

10.0 ADJOURNMENT

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

The City Council meeting was adjourned at 10:42 PM.

RScty: MERiordan