BURLINGTON CITY COUNCIL
CITY HALL
BURLINGTON, VERMONT
MINUTES OF MEETING
August 24, 2020
MEMBERS PRESENT: Karen Paul
Max Tracy
Chip Mason
Joan Shannon
Ali Dieng
Brian Pine
Jack Hanson
Franklin Paulino
Perri Freeman
Jane Stromberg
Sarah E Carpenter
Zoraya Hightower
OTHERS PRESENT: Miro Weinberger
Katherine Schad
Eileen Blackwood
Olivia LaVecchia
Jordan Redell
Chapin Spencer
Lori Olberg
Amy Bovee
Jeff Glassberg
Suresh Garimella
Jon Murad
____________________________________________________________________________________
1. CALL TO ORDER and AGENDA
The meeting was called to order by City Council President Tracy at 6:02 PM.
MOTION by Councilor Shannon, SECOND by Councilor Stromberg, to amend/adopt agenda as follows:
- note written material for consent agenda item 5.11 Communication: Jon Murad, Acting Chief of Police, re: 2020 Equitable Sharing Annual Agreement and Certification (per Olivia LaVecchia);
- note that this agenda item is now 6.06 (per Councilor Freeman);
- note written materials for consent agenda item 5.14 Resolution: COVID-19 Emergency Order Regarding Preschool And Daycare Expansion In RCO Districts (Councilor Carpenter);
- note written materials for consent agenda item 5.15 Resolution: License For Urban Reserve Encroachment By 11 Lakeview Terrace (per Assistant City Attorney Sturtevant);
- note Councilor Pine is the sponsor for this agenda item (per Assistant City Attorney Sturtevant);
- add to the consent agenda item 5.16 Communication: Robert Kiernan, re: Resolution To Remove The ELAP Mural At Leahy Way with the motion to "waive the reading, accept the communication and place it on file";
- add to the consent agenda item 5.17 Resolution: Authorization To Execute Quitclaim Deed For 573 South Willard Street (Councilors Paul & Shannon) with the action to "waive the reading and adopt the resolution" (per Assistant City Attorney Sturtevant per City Council President Tracy).
VOTING: unanimous; motion carries.
2. COMMUNICATION: JEFF GLASSBERG, RE: CITYPLACE DISCUSSION 6:00 – 7:30 PM **expected executive session**
2.01 Communication: Jeff Glassberg, re: CityPlace Discussion 6:00 – 7:30 pm **expected executive session**
MOTION by Councilor Pine, SECOND by Councilor Mason, that the City Council enter into executive session to discuss CityPlace and potential litigation, the premature disclosure of which could place the City at a substantial disadvantage.
VOTING: unanimous; motion carries.
MOTION by Councilor Pine, SECOND by Councilor Mason, that the City Council find the need to enter into executive session to discuss legal issues involving the CityPlace project, the premature disclosure of which could place the City at a substantial disadvantage, to include City Attorney’s Office, Mayor’s Office staff, Jeff Glassberg, and attorneys from Downs, Rachlin, Martin.
VOTING: unanimous; motion carries.
The City Council entered into executive session at 6:11 PM.
City Council President Tracy recessed executive session and returned to public forum at 7:30 PM with the plan to return to executive session after the meeting.
MOTION by Councilor Pine, SECOND by Councilor Mason, to exit executive session.
VOTING: unanimous; motion carries at 11:58 PM.
MOTION by Councilor Mason, SECOND by Councilor Pine, to authorize the Administration to immediately continue negotiations with BTC Mall Associates, LLC and its members, to authorize the City Attorney to engage Downs Rachlin Martin PLLC in connection with enforcing the City's rights under the Development Agreement regarding CityPlace, to pursue all legal remedies if such negotiations are unsuccessful and to authorize the necessary budget allocations to accomplish these ends.
VOTING (by roll call): Councilor Carpenter – aye, Councilor Dieng – nay, Councilor Freeman – aye, Councilor Hanson – aye, Councilor Hightower – aye, Councilor Mason – aye, Councilor Paul – aye, Councilor Pine – aye, Councilor Shannon – aye, Councilor Stromberg – aye, City Council President Tracy – aye (10 ayes, 1 nay [Councilor Paulino not present for vote]; motion carries).
3. PUBLIC FORUM
3.01 Verbal Comments
Forum opened at 7:31 PM
COMMENTS:
- Ashley Laporte called for the community to continue to hold the City accountable for the systemic racism that disproportionately affects the BIPOC community. She spoke against equitable sharing as a police practice, saying that it is a systemic policy that negatively impacts the BIPOC community.
- Mark Hughes spoke about equitable sharing, saying that this is something the City Council should deliberate and that it should have the full engagement of the community. He said that any money associated with this policy should be taken and put back into the community.
- Christine Hughes encouraged the City Council to understand that systemic racism is pervasive, and that restorative justice has not yet helped the BIPOC community to the extent that it has helped the white community.
- Jessica Laporte said that equitable sharing is one way that the mass incarceration machine is reinforced, adding that this money could be reinvested in the BIPOC community.
- Lacey Sloan asked that Burlington halt all Scoff violations until after the end of the COVID-19 pandemic, citing high unemployment rates, its placement of undue burden on those with fewer resources, and that the current process does not meet constitutional requirements of notification prior to seizure of property.
- Robert Kiernan spoke about the Everyone Loves a Parade (ELAP) mural, saying that it should not be removed without comprehensive planning.
- Norman Fischer spoke about the removal of the ELAP mural, saying that the panel to discuss the mural and its removal in 2018 did not actually craft the recommendation report.
- Lillian Vinson spoke against Burlington’s participation in equitable sharing, saying that this is one of the corrupt mechanisms of systemic racism that needs to change.
- Lilla Fortunoff spoke against equitable sharing and Burlington Police Department’s participation in the program.
- Danielle Shaw echoed the demands of the Racial Justice Alliance against equitable sharing in the City’s Police Department. She added that if equitable sharing cannot be halted, then the funds in it should be funneled to communities of color.
- Peggy Owen Sands spoke against the City’s participation in the equitable sharing program. She said that this program can lead to a misuse of power by the police.
- Jabari Jones spoke in support of the Racial Justice Alliance’s demands to end the equitable sharing program, adding that if the police want to earn back the trust of the community then they need to be proactive about changing how they treat the BIPOC community.
- Oskar Flemer spoke against BPD’s ongoing participation in the equitable sharing program, calling it opportunistic.
- Jess Vos spoke against BPD’s participation in the equitable sharing program, saying that it is morally wrong and that the police could use this program to refund itself. She also expressed concern about the availability of COVID-19 testing for students at UVM, citing personal experience.
- Lydia Kern spoke in support of the Racial Justice Alliance’s opposition to the equitable sharing program, expressing thanks to the RJA for continuing to unearth policies that go against the racial justice resolution recently passed by the City Council.
- Marcie Gallagher spoke against the equitable sharing program.
- Nick Skarmeas echoed the demands of the Racial Justice Alliance opposing equitable sharing, saying that it is hypocritical for the police department to accept money disproportionately taken from the BIPOC community.
- Emma Sopchak spoke about President Garimella’s decision to keep UVM opened during the pandemic, citing extreme concern. She said that the University is completely inseparable from the community and that it is irresponsible for them to allow students back on campus. She additionally spoke against the equitable sharing program, saying that it reinforces modern-day slavery.
- Steven Margolin spoke against the equitable sharing program, saying that it disproportionately affects the BIPOC community and perpetuates systemic injustice and racism.
- Jessie Gustafson spoke against the equitable sharing program.
- Lee Morgan spoke in opposition to the equitable sharing program and the Burlington Police Department’s participation in the program, saying that it exacerbates the mistrust that the community has for the police department.
- Liz Kessler spoke against the equitable sharing program, saying that this funding unfairly targets the most marginalized community members by exacerbating economic inequalities.
- Fern Aguda-Brown spoke against the equitable sharing program, citing concerns about policing for profit.
- Alex Karambelas spoke against the City participating in the equitable sharing program, saying that it is a conflict of interest and encourages policing for profit.
- Mackenzie Murray spoke in opposition to the Burlington Police Department’s participation in the equitable sharing program, saying that it incentivizes the war on drugs and stands in opposition to the progress made through the City Council’s recent resolutions.
- Will Gebhard said that the equitable sharing program goes against the passage of a moral budget by the City.
- Jesse Metzler spoke against the equitable sharing program.
- Jeff Nick spoke about the Church Street Marketplace and his concerns about a small segment of the population that begins drinking at 7:00 AM and often do not abide by COVID-19-related measures. He said the Marketplace voted to ask the City Council to extend a ban on alcohol sales to second class licensees during early hours.
- Abby Jermyn spoke against the Burlington Police Department’s participation in equitable sharing, saying that it is organized theft from poor people and people of color. She said that Burlington should set an example for the country by ending their participation in this program.
- Lucy Jermyn spoke against the equitable sharing program.
- Annalee Pratt voiced her opposition to the Burlington Police Department’s participation in the equitable sharing program.
- Zoe Hart spoke against the equitable sharing program, saying that it incentivizes policing for profit.
- Jess Shevitz Rauch spoke in support of the Vermont Racial Justice Alliance’s opposition to the equitable sharing program, calling it morally reprehensible.
- Ezra Steinfeld spoke about his opposition to equitable sharing, saying it would be hypocritical for the City Council to allow any component of the City to seize the assets of the most vulnerable members of the community and use them as a means to empower the police.
- Sonya Buglion-Gluck voiced her opposition to the equitable sharing program.
- Grace Pfeil spoke against the equitable sharing program, saying that the passage earlier in the summer of the racial justice resolution was just a first step to ending systemic racism.
- Wyatt Luce spoke against the equitable sharing program and Burlington’s participation in it, saying that it has taken a total of $13 million from mostly poor people in Vermont since its inception.
- Nell Sather spoke against the equitable sharing program, saying that research has shown that it has no effect on deterring drug use nor did it help police solve crimes.
- Emma Redden spoke in opposition to the equitable sharing program, which is yet another mechanism to profit off the most vulnerable.
Forum closed at 9:30 PM.
4. CLIMATE EMERGENCY REPORTS
4.01 Climate Emergency Reports
Mayor Weinberger noted that the Burlington Electric Department accepted a grant of $550,000 from the federal Economic Development Administration, which will be used to support improvements in ventilation and make upgrades to more efficient heating and cooling equipment for small businesses and nonprofits, and will prioritize businesses in the BIPOC community.
5. CONSENT AGENDA
5.01 Motion to adopt the consent agenda and take the actions indicated
5.02 Communication: C/T Office, re: Accountability List - waive the reading, accept the communication and place it on file.
5.03 Communication: Steven Toth, re: Jane Stromberg-UVM - waive the reading, accept the communication and place it on file.
5.04 Communication: Rebecca Roman and Zoe Richards on behalf of the Burlington Conservation Board, re: Climate Change Addendum to Open Space Plan - waive the reading, accept the communication and place it on file.
5.05 Communication: Darren Springer, General Manager, Andrea McNeil, Finance Director and Chris Burns, Energy Services Director, re: Acceptance of Economic Development Administration Grant Award - accept the grant of $550,000 from the U.S. Economic Development Administration (EDA) for the Burlington Electric Department, as part of the CARES Act response to the COVID-19 pandemic and authorize the General Manager of BED to execute any documents necessary for that acceptance, subject to final review by the City Attorney’s Office.
5.06 Communication: Jon Adams-Kollitz, Parks Project Coordinator, Sophie Sauve, Parks Comprehensive Planner, Cindi Wight, Director, Department of Parks, Recreation & Waterfront, re: Phase 3b North Bike Path Rehabilitation Construction Contract - approve and authorize the execution of a contract with Engineers Construction, Inc., for a price not to exceed $299,396 and with John Turner Consulting for a price not to exceed $51,788 for the Burlington Bike Path Rehabilitation Phase 3b North Construction Project, plus a project contingency of $52,678, and to authorize Cindi Wight, Director of Parks and Recreation, to execute the contract and any related documents needed to carry out the project, subject to the review of the City Attorney’s Office.
5.07 Communication: Laura Wheelock, PE, Senior Public Works Engineer, re: Authorization to Amend Contract for the CY20 Street Reconstruction Contract and Project Budget - 1. “To authorize the Director of Public Works to execute an amendment to the CY20 Street Reconstruction Contract with S.D. Ireland Brothers Corp to increase the maximum limiting amount by $110,000, raising the total maximum limit amount to $1,800,297.50, for additional stormwater repairs and traffic calming work, and to execute any necessary related change orders and amendments to the contract term, subject to the prior review and approval of the City Attorney.” 2. “To authorize the Chief Administrative Officer, or their designee, to affect all necessary budget amendments and transfers of funds to and from the above-referenced funding sources as needed to pay the above-referenced project expenses, including the carrying forward of $437,079.11 in Street Capital FY20 funds into Street Capital FY21.”
5.08 Communication: Tyeastia Green, Director of Racial Equity, Inclusion and Belonging, re: FY21 Department Budget - approve the FY21 budget for the Office of Racial Equity, Inclusion, and Belonging, including authorization for the budget amendments required to transfer funds, as presented.
5.09 Communication: Katherine Schad, Chief Administrative Officer and Tony Berry, HR Manager, re: Hiring of Senior Accounting Analyst - o approve the creation of a Senior Accounting Analyst, a Regular, Full-time, Exempt, Non-union, Grade 19 ($63,530.36-$75,772.04), position in the Clerk Treasurer’s Office.
5.10 Communication: Mayor Miro Weinberger, re: HR Director - waive the reading, accept the communication and place it on file.
5.11 Communication: Jon Murad, Acting Chief of Police, re: 2020 Equitable Sharing Actual Agreement and Certification - waive the reading, accept the communication and place it on file. **now agenda item 6.06**
5.12 FIO Documents – for information only.
5.13 Resolution: Renaming Council Committee As Racial Equity, Inclusion, And Belonging Committee (Diversity & Equity Committee) - waive the reading and adopt the resolution.
5.14 Resolution: COVID-19 Emergency Order Regarding Preschool And Daycare Expansion In RCO Districts (Councilor Carpenter) - waive the reading and adopt the resolution.
5.15 Resolution relating to Urban Reserve Encroachment by 11 Lakeview Terrace *material to be posted later - waive the reading and adopt the resolution.
5.16 Communication: Robert Kiernan, re: Resolution To Remove The ELAP Mural At Leahy Way - waive the reading, accept the communication and place it on file.
MOTION TO AMEND by Councilor Pine, SECOND by Councilor Shannon, to remove items 5.14 and 5.15 from the consent agenda.
VOTING: unanimous; motion carries.
MOTION by Councilor Shannon, SECOND by Councilor Freeman, to amend/adopt the consent agenda, taking the actions as indicated for items 5.01-5.13 and 5.16.
VOTING: unanimous; motion carries.
MOTION by Councilor Shannon, SECOND by Councilor Mason, to amend/adopt the consent agenda, taking the actions as indicated for item 5.14.
VOTING: unanimous (Councilor Pine recused); motion carries.
6. DELIBERATIVE AGENDA
6.01 Communication Regarding UVM Update from President Garimella (verbal)
University of Vermont (UVM) President Suresh Garimella gave an update on the reopening of campus for the fall semester. He spoke about UVM’s Return to Campus Plan, saying that it is one of the most rigorous in the nation. He noted that students overwhelmingly chose to return to campus, and that they were able to opt in to a remote-only semester. He said that students are subject to stringent COVID-19 testing and compliance protocols both on and off campus. He added that students are stepping up to work with their peers on messaging and education. He spoke about testing, saying that UVM is one of the few universities conducting pre-arrival tests, which will prevent students who have COVID from returning to campus. He said that 10,000 test kits have been ordered, 4,000 have been submitted, and 4 students tested positive and remained home instead of returning to campus. He spoke on other measures to ensure safety, such as socially distant classroom spacing, mask and face-shield provision, free testing, and ending classes prior to Thanksgiving to prevent back-and-forth traveling during the holidays.
Councilor Stromberg asked for a description of the contingency plan if a significant outbreak occurs either on or off campus. President Garimella replied that the University will pivot if conditions deteriorate.
Councilor Hightower spoke positively about the remote option for students. She asked for concrete metrics that would trigger a shutdown. She also asked how testing is being conducted, how social distancing is being enforced at testing sites, and who is monitoring testing. President Garimella said that testing sites are being planned and implemented very carefully.
Councilor Hanson asked whether UVM-specific testing data would be reported out separately from other statewide COVID-19 positive numbers. President Garimella replied that the University is committed to working with the City and state about clusters that may arise. Councilor Hanson requested that the University make public its COVID-19 testing numbers to the extent that they do not violate patient confidentiality laws. Councilor Hanson also noted a large off-campus party the prior weekend, asking how the University responded to that incident. President Garimella said that an expedited review process, including fines, sanctions, and suspension, has been put in place to deter students from being irresponsible. He added that members of the community can report tips on the UVM website.
Councilor Paul spoke about constituents’ concerns about students in town who have not modified their behavior around COVID-19. Specifically, she cited concerns about UVM’s perceived reluctance to report COVID-positive counts in a more detailed fashion on its website or to the public. She additionally said that violations of the Green & Gold promise be held accountable. President Garimella said that the intention was to report out off-campus, on-campus, and faculty infection rates.
Councilor Shannon asked if the pre-arrival tests are reported directly to the University or if the students are self-reporting their test results. President Garimella replied that pre-arrival test results are sent directly to the University. Councilor Shannon also asked how communication is occurring between the Burlington Police Department and the University and whether participating in a gathering is grounds for dismissal or suspension from UVM. She finally asked how the new City rules are being communicated to UVM students. President Garimella replied that the new City rules around gatherings are being issued to students in a letter. He added that an egregious enough violation of policy will result in suspension. He further noted that the University receives reports from the Burlington Police Department.
6.02 Appointment: Green Mountain Transit Board - Alternate: Term Expires 6/30/22
MOTION by Councilor Dieng, SECOND by Councilor Dieng, to nominate Nyree Miles to the Green Mountain Transit Board as an Alternate.
MOTION by Councilor Hanson, SECOND by Councilor Hanson, to nominate Thomas Derenthal to the Green Mountain Transit Board as an Alternate.
Debate ceased. The results of the voting were as follows:
ROUND 1: (choose between Miles or Derenthal)
Councilor Carpenter Miles
Councilor Dieng Miles
Councilor Hanson Derenthal
Councilor Hightower Derenthal
Councilor Mason Derenthal
Councilor Paul Derenthal
Councilor Paulino Derenthal
Councilor Pine Derenthal
Councilor Shannon Derenthal
Councilor Stromberg Miles
City Council President Tracy Derenthal
RESULTS OF ROUND 1: Miles – 8 votes, Derenthal – 3 votes, 1 recusal (Councilor Freeman).
Thomas Derenthal was confirmed for a position as an alternate on the Green Mountain Transit Board.
6.03 BURLINGTON CODE OF ORDINANCES - HOUSING--Enforcement and penalties (Ordinance Committee)(2nd reading)
MOTION by Councilor Mason, SECOND by Councilor Hanson, to waive the second reading and adopt the ordinance.
DISCUSSION:
- Councilor Mason noted that this ordinance was referred out of committee in February and that it would create a tiered approach to housing violations.
VOTING: unanimous; motion carries.
6.04 BURLINGTON CODE OF ORDINANCES - SOLID WASTE - Increasing the Solid Waste Generation Tax for Fiscal Year 2021 (Department of Public Works)
MOTION by Councilor Pine, SECOND by Councilor Dieng, to suspend the rules and place in all stages of passage.
DISCUSSION:
- Councilor Pine said that this adjustment would decrease financial constraints for Burlington’s recycling program.
VOTING: unanimous; motion carries.
6.05 Resolution: Removal Of "Everyone Loves A Parade" Mural, Repair Of Wall, And Restoration Of Rainforest Mural (Parks, Arts & Culture Committee)
MOTION by Councilor Paul, SECOND by Councilor Dieng, to waive the reading and adopt the resolution.
DISCUSSION:
- Councilor Paul said that the artist was given 90 days to respond to a notification that the mural would be removed. She added that the mural will be removed by August 31st and would be stored at the airport for an unspecified time. She added that work to restore the mural underneath the ELAP mural would then begin after the ELAP mural is removed. She noted that the resolution would allocate $25,000 for the work of removing the mural and commissioning restoration of the rainforest mural by the original artist.
VOTING: unanimous; motion carries.
6.06 Communication: Jon Murad, Acting Chief of Police, re: 2020 Equitable Sharing Annual Agreement and Certification **was consent agenda item 5.11**
Burlington Police Chief Murad spoke about the equitable sharing program, saying that it applies to predatory criminals, including for human trafficking, sex crimes, and drug traffickers. He added that this does not negatively impact the most vulnerable or street-level drug dealers but helps them by targeting the criminals perpetuating the crimes. He stated that while enforcement is not the only tool that needs to be used to combat drugs, it still needs to be one of the tools. He noted that forfeiture follows criminal cases and convictions and that asset forfeiture without conviction does not occur in Burlington. He said that equitable sharing removes the tools of the crime from the criminals who commit the crimes. He added that victim compensation is one of the top priorities of the program. He additionally cited an overarching system of oversight for the program.
Councilor Paulino said that the program is named for the way the money is distributed, and that non-participation by Burlington would forfeit any of the funds that the state would distribute.
Councilor Freeman said that once the equitable sharing program was created, police departments were able to expand their budgets and expenditures. She said that the probable cause requirement in the program could be based on hearsay. She said that Chief Murad’s description is not consistent with scholastic knowledge on the program. She asked Mayor Weinberger why the City continues to participate in this program.
Mayor Weinberger said that his understanding of the program as it is administered in Burlington is not compatible with the scholastic research that Councilor Freeman cited. He suggested that Chief Murad to respond with additional information.
Councilor Freeman said that police funding should not be tied to profits from property seized by law enforcement.
Councilor Hightower cited findings about federal participation in the program and expressed concern that the program is not effective and may not be constitutional in some instances.
Councilor Mason said that even if Burlington withdrew from the program it would still need to participate with federal partners in crimes, but would remove a source of revenue and Chief Murad confirmed this. Councilor Mason said he would like additional information prior to taking more substantive action.
MOTION by Councilor Paul, SECOND by Councilor Pine, to complete the deliberative agenda and return to executive session to discuss CityPlace relative to item 2.01.
VOTING (by roll call): Councilor Carpenter – aye, Councilor Dieng – nay, Councilor Freeman – aye, Councilor Hanson – aye, Councilor Hightower – aye, Councilor Mason – aye, Councilor Paul – aye, Councilor Paulino – aye, Councilor Pine – aye, Councilor Shannon – aye, Councilor Stromberg – aye, City Council President Tracy – aye (11 ayes, 1 nay; motion carries).
MOTION by Councilor Carpenter, SECOND by Councilor Mason, to move item 6.06 to the City Council Public Safety Committee.
DISCUSSION:
- Councilor Dieng asked if the funds outlined in the communication would be accepted in the meantime (by August 31) while the committee is reviewing the issue.
MOTION TO AMEND by Councilor Paulino, SECOND by Councilor Pine, to refer the communication to the Joint Committee, which would include both the Public Safety and the Police Commissions.
DISCUSSION OF AMENDMENT:
- Councilor Paulino said that the Joint Commission would be the most appropriate for this issue.
- Councilor Hanson expressed interest in hearing from the Joint Committee on whether they viewed their body as the most appropriate, given the conflicting information from the public and the Police Department.
- Mayor Weinberger encouraged referral to the Joint Commission, saying that this question is in line with their charge.
VOTING ON AMENDMENT (by roll call): Councilor Carpenter – aye, Councilor Dieng – aye, Councilor Freeman – aye, Councilor Hanson – aye, Councilor Hightower – aye, Councilor Mason – aye, Councilor Paul – aye, Councilor Paulino – aye, Councilor Pine – aye, Councilor Shannon – aye, Councilor Stromberg – aye, City Council President Tracy – aye (unanimous; motion carries).
VOTING ON MOTION AS AMENDED: unanimous; motion carries.
7. COMMITTEE REPORTS
7.01 Verbal Reports
None at this time.
8. CITY COUNCIL – GENERAL AFFAIRS
8.01 Verbal Reports
None at this time.
9. CITY COUNCIL PRESIDENT – COUNCIL UPDATES
9.01 Verbal Reports
None at this time.
10. MAYOR – GENERAL AFFAIRS
10.01 Verbal Reports
None at this time.
11. ADJOURNMENT
11.01 Motion to adjourn
MOTION by Councilor Stromberg, SECOND by Councilor Pine, to adjourn the meeting.
VOTING: unanimous; motion carries.
The City Council meeting adjourned at 12:11 AM.
RScty: AACoonradt