City of Burlington, VT

BURLINGTON CITY COUNCIL

CONTOIS AUDITORIUM, 2^ND FLOOR, CITY HALL

BURLINGTON, VERMONT

MINUTES OF MEETING

September 13, 2021

MEMBERS PRESENT: Karen Paul

Chip Mason

Max Tracy

Joan Shannon

Ali Dieng

Jack Hanson

Jane Stromberg

Sarah E Carpenter

Zoraya Hightower

Mark Barlow

Joe Magee

OTHERS PRESENT: Miro Weinberger

Katherine Schad

Dan Richardson

Kim Sturtevant

John Rose

Jon Murad

Chapin Spencer

Meagan Tuttle

Kara Alnasrawi

Norm Baldwin

Corey Mims

Darren Springer

____________________________________________________________________________________

1. CALL TO ORDER and AGENDA

The meeting was called to order by City Council President Tracy at 7:41 PM.

MOTION by Councilor Hanson, SECOND by Councilor Paul, to amend and adopt the agenda as follows:

add to the consent agenda item 4.27 Communication: Nancy Garfinkel, re: vote NO on your upcoming resolution with the action to "waive the reading, accept the communication and place it on file";
add to the consent agenda item 4.28 Communication: A. Cohen, re: BDS Opposition with the action to "waive the reading, accept the communication and place it on file";
4.29 Communication: Meagan Tuttle, COVID-19 Response Leader, re: Update on City COVID-19 Response Activities Summer 2021 with the action to "waive the reading, accept the communication and place it on file"
add to the consent agenda item 4.30 Communication: Eitan Sobel, re: BDS resolution with the action to "waive the reading, accept the communication and place it on file";
add to the consent agenda item 4.31 Communication: Larry Shapiro, re: Burlington City Council to vote to boycott Israel with the action to "waive the reading, accept the communication and place it on file";
add to the consent agenda item 4.32 Communication: Martha L. Molnar, re: BDS Resolution with the action to "waive the reading, accept the communication and place it on file";
add to the consent agenda item 4.33 Communication: Norman Cohen, re: BDS RESOLUTION with the action to "waive the reading, accept the communication and place it on file";
add to the consent agenda item 4.34 Communication: Tony Redington, re: Letter to City Council--Item 5.04 Council Meeting September 13, 2021 with the action to "waive the reading, accept the communication and place it on file";
add to the consent agenda item 4.35 Communication: Ron Rockman, re: Resolution calling for Justice and a peaceful end to Palestine and Israel with the action to "waive the reading, accept the communication and place it on file";
add to the consent agenda item 4.26 Communication: Michael Ruane, re: Council BDS Motion with the action to "waive the reading, accept the communication and place it on file"

VOTING: unanimous; motion carries.

2. PUBLIC FORUM

2.01 Verbal Comments

Forum opened at 7:46 PM.

COMMENTS:

Bradley Rausch spoke about his work on healthcare humanitarian missions in Israel and the Gaza strip. He said that the majority of Palestinians and Israelis want peace. He said that this resolution is ill-conceived and recommended voting no on it. He said that there are many more local problems and that City Council should prioritize those.
Mark Leopold said that Burlington does not need to take sides on issues that are thousands of miles away, and that this resolution takes a complex geopolitical situation and makes it too simplistic. He said it will only result in polarization. He said there is enough work to be done in Burlington on local issues.
Karen Stewart spoke about an incident of gun violence at Edmunds Middle School and also noted that Burlington has seen an increase in gun violence and gun-related incidents in the last several years. She also spoke about the increase in crime that has occurred over the last several years in Burlington.
Robert Alper spoke of a long-held dream of peace between Palestine and Israel.
Amy Small said that this resolution lacks understanding of the complexity of the Israeli-Palestinian conflict. She said that this resolution adds fuel to the fire of the conflict.
Naomi Bartell urged the Council not to support the BDS resolution. She said that not having the first-hand experience of having been to Israel or Palestine is short-sighted.
Jen Salzman noted the poor timing of this resolution, due to it occurring in the middle of the Jewish High Holy Days.
Steve Mai said that BDS is a blunt instrument being deployed in a nuanced issue, and that this resolution should not be adopted.
David Elleson spoke about his experience working with the imam of a mosque in South Burlington. He said that this resolution and BDS are a blunt instrument that will not help solve the issue. He urged the Council to vote against the resolution to recognize that the resolution is reductive.
Maya said that the BDS resolution is very antisemitic. She cited directly from language in the resolution and critiqued several points of it.
Mitchell Knisbacher said that the BDS movement holds Israel to a higher standard than any other country, which is anti-Semitic.
Asaf Mage said that this resolution would be another step in making Vermont unwelcome for Jews, and that the language is angry and very one-sided.
Benjamin Zatz said that the title of the resolution does not correspond to its content. He expressed concern about the resolution and how, if passed, it could lead to a spike in anti-Semitic incidents in the community. He cited several recent anti-Semitic incidents.
Joanna Grossman expressed concern that this resolution would do harm to Israel and that it sends a message of hate and makes the community less safe.
Stacy Gilbert said that BDS questions Israel’s right to exist and singles it out for treatment of its Palestinian citizens, when other minority groups in other countries are treated just as, if not more poorly. She urged the Council not to support the resolution.
David Kirk spoke about increasing crime in the City and said that the Council should revisit the level of police staffing it has allowed. He also spoke against the perceived trash problem and that they should not change how they handle solid waste disposal. He said the Council should address public safety and infrastructure issues.
Jeff Schulman expressed concern that resolutions like the BDS resolution do not foster peace, but do the opposite. He said that it would create more division in the community. He said that the resolution is a reflection of deep misunderstanding of the Israeli-Palestinian conflict.
Spencer Karofsky said that pro-BDS activists have made him feel unsafe in his community, and have done so to other Jewish people as well. He urged the Council to vote against the BDS resolution, saying that passing it would almost certainly see a rise in anti-Semitic sentiment and actions.
Jane Feldman said that this resolution would harm Israelis and Jews and asked the Council not to pass it.
Nancy Rondeau noted that BDS has a known anti-Semitic agenda and asked the Council not to support it.
Jake Sherman said that a resolution that supports BDS can be viewed as a weapon against Israel and Jews. He urged the Council to reject the resolution.
Nolan Rampy spoke in favor of the resolution. He said that the U.S. does more than any other country to enable and support Israel. He emphasized that the U.S. does nothing to support Hamas. He said that the Council has the duty to speak out against violence. He spoke about Israel as an occupying force.
Rafik Faour spoke about his experiences as a Palestinian refugee. He spoke about Israel as an apartheid state. He urged the City Council to support the BDS resolution.
Will Keeton spoke about violent acts committed against Palestine by Israel. He urged the Council to support the resolution.
Anita Rapone said that the Burlington Friends Meeting supports the BDS resolution, which would extend equal rights to non-Jewish citizens in Israel.
Ashley Smith spoke in support of the BDS resolution as an act of solidarity with the Palestinians, against racism, occupation, and an apartheid state.
Rachel Siegel spoke in favor of the BDS resolution, saying that the issue is not complicated, and that the creation of Israel was not a response to the Holocaust, but an act of colonialism.
Jadah Bearden spoke in favor of the resolution, and about the intersectionality with the BLM movement.
Melanie Needle spoke in opposition to the resolution around BDS, saying that it codifies hate in the public record and is harmful to Jews. She spoke about her grandparents, who were Holocaust survivors.
Asma Elhuni acknowledged that the Holocaust is an atrocity, and asked why the victims of that atrocity are in support of the current atrocities against Palestinians. She said that this is a resolution of solidarity and that it supports equal rights.
Maria Perez spoke in support of the BDS resolution, saying that everyone deserves human rights.
Helen Scott spoke on behalf of 2 dozen organizations that support the BDS resolution, saying that the resolution combats white supremacy and fascism.
Violet Chickering urged the City Council to pass this resolution supporting BDS.
Scarlet Moore spoke in support of the BDS resolution, saying that Burlington can have an outsized role on this issue.
Alyssa Chen spoke in support of the BDS resolution, saying that it also supports a similar UN resolution speaking in favor of returning Palestinians to their homes.
Lani Raven spoke in support of a peaceful coexistence, saying that the Council should use its resources to find peaceful solutions.
Tiki Archambeau spoke about efforts to form policy by the City’s independent commissions, like the Police Commission, which voted to raise the cap of police officers, and the Public Works Commission, which voted to move forward with consolidated municipal solid waste collection. He spoke in frustration that the Council has ignored some of these recommendations.
Amanda Skeehan spoke about restorative justice and connecting people to resources (community policing). She said that community policing should be a priority for Burlington, and is government at a human scale. She spoke about the increased felonies and gun violence in the City.
Barent Wynkeep said that the youth of today will be the judges of tomorrow and that Palestine will be free.
Tray Cook spoke in support of the Palestinian struggle against apartheid.
Miguel Figueroa spoke about parallels between the U.S.-backed coup in Chile and the repressive Pinochet regime and the current U.S.-backed Israeli state and its treatment of Palestinians.
Daniel DeWolfe said everyone should live truthfully.
Sam Sindell spoke against atrocities committed by Israel against Palestinians.
Gene Bergman said that opposing Israeli oppressing is not anti-Semitic, and spoke in support of the BDS resolution. He said he is troubled by the un-democratic state of Israel.
Sergei Shipaner spoke against the BDS resolution.
Jeff Wick spoke in solidarity with Palestinians and Israelis and supported the BDS resolution.
Sara Brooks spoke in favor of the Palestinian solidarity resolution. She noted that in 1985, Burlington’s City Council voted against supporting apartheid.
Felicia Kornbluh spoke in opposition to the BDS resolution. She spoke in favor of a two-party solution. She said that Zionists can still oppose Israeli policies, though they support Israel as a state and a Jewish state.
Andy Chalnik spoke about his experience traveling to Israel.
Rabbi Raskin that this resolution is very unbalanced and one-sided and should never have been introduced in the first place. He expressed concern that if this resolution passes, Vermont will lose credibility.
Eliahu Junik spoke about the Jewish community in Burlington.
Michael Hoffnung said that the timing of introducing this resolution is very poor, since it is occurring between Rosh Hashanah and Yom Kippur. He said that boycotting Israel hurts the very people that the resolution is trying to help. He said the City should focus on more local issues.
Sander Farkas quoted scripture, saying that the Gods of the valley are not the God of the hills.
Mark Hughes spoke about the intersectionality between racism and the Israeli-Palestinian conflict. He spoke in support of the BDS resolution.
Andrea pointed out that people should not consider Hamas a representation of all Palestinians.

MOTION by Councilor Hanson, SECOND by Councilor Hightower, to extend public forum until all speakers have had a chance to give public comment.

VOTING: unanimous; motion carries.

Peach Kilroy spoke in support of the BDS resolution, saying that the Council should pass it if they purport to be a progressive City.
David Borsytewsky spoke about the resolution, saying that it does not do much more than align itself with one side of the issue and condemn Israel.
Christopher Aaron Felker requested that the Council vote against the BDS resolution. He said that his party does not support the BDS movement and that they question the wording of the resolution as being one-sided and unfair, and condemned the timing of the resolution itself.
David Rand said that the Palestinian people should life freely and safely, and they deserve their own nation.
Sharon Bushor spoke about Item 5.01 – bonding! BOF did not make a recommendation – asked Council to postpone action on this; she said that they should wait for infrastructure funding to come from the federal government, as well as cited the shrinking tax base in Burlington. She said that people in Burlington cannot afford a bond at this time.
Stan Shernock spoke in opposition to the resolution around BDS. He said that City Councilors were elected around their positions on local issues, and that this is not a local issue in which the Council has jurisdiction or expertise. He said that the resolution is broad, and does not deal with the annexation of Palestine or other specific issues in the region, but deals with the very existence of Israel and is too broad.
Jason Lorber said that BDS goes beyond protections for Palestinians, but calls for an end to Israel. He said that a starting point is recognizing everyone’s right to exist.
Suzanne Sugar said that this is not the proper forum for this issue, and that there are more pressing local issues at hand.
Rabbi David Feldman spoke against the treatment of Palestinians by Israel. He said that nothing will be resolved without addressing the root cause of the problem. He cautioned against conflating Judaism with Zionism and anti-Semitism with anti-Zionism.

Forum closed at 10:08 PM.

3. CLIMATE EMERGENCY REPORTS

3.01 Climate Emergency Reports

None at this time.

CONSENT AGENDA

4.01 Motion to adopt the consent agenda (as amended) and take the actions indicated

4.02 Communication: C/T Office, re: Accountability List waive the reading, accept the communication and place it on file.

4.03 Communication: Glenn Fischer, re: Parking Garage at 80 St. Paul Street - waive the reading, accept the communication and place it on file.

4.04 Communication: Ariana Cano, Member, BRV, re: Board Resignation - waive the reading, accept the communication, place it on file and send a letter of appreciation to Ariana Cano thanking her for her time served as a Member of the Board for Registration of Voters.

4.05 Communication: Hemant (Lama) Ghising, Member, Library Commission, re: Resignation - waive the reading, accept the communication, place it on file and send a letter of appreciation to Hemant (Lama) Ghising thanking him for his time served as a Member of the Library Commission.

4.06 Communication: Joe Magee, Member, Board of Tax Appeals, re: Resignation - waive the reading, accept the communication, place it on file and send a letter of appreciation thanking Joe Magee for his time served as a Member of the Board of Tax Appeals.

4.07 Communication: Margaret and Brian Prindle, re: FUND THE POLICE - waive the reading, accept the communication and place it on file.

4.08 Communication: Miro Weinberger, President, VLCT Board of Directors, re: VLCT Annual Business Meeting Voting Delegates and Procedure - waive the reading, accept the communication and place it on file.

4.9 Communication: Norma Levy, re: Vote NO BDS, No ANTI-Semitism - waive the reading, accept the communication and place it on file.

4.10 Communication: Doreen Kraft, BCA Director, Kerin Durfee, Director of Human Resources, Tony Berry, Human Resources Manager, re: Reclassification of Two (2) BCA Positions - Approve Public Art Coordinator and delay the Event Coordinator position to September 27th, 2021.

4.11 Communication: Nic Longo, Acting Director of Aviation, re: Request to Accept/ratify Amendment Letter No.1 Regarding Airport Improvement Program (AIP) Grant - AIP-127 in the Amount of $992 - ratify and accept Amendment Letter No. 1 for AIP-127 under the Airport Coronavirus Response Grant Program - Primary Airport Grant with the Federal Aviation Administration in the amount of $992, increasing the total grant to $3,858,191, and to authorize the Mayor of Burlington to execute the amendment to effectuate this increase, subject to final review and approval of the City Attorney’s Office.

4.12 Communication: Nic Longo, Acting Director of Aviation, re: Request for Authorization for the Airport to Accept Two FAA Airport American Rescue Plan Act Grants - 1. “To authorize the Mayor of Burlington to execute the Airport Rescue Grant Program - Primary Airport Grant with the Federal Aviation Administration in the amount of $7,011,809, with a 10% contingency of $701,181, totaling $7,712,990, subject to final review and approval of the City Attorney’s Office;” and 2. “To authorize the Mayor of Burlington to execute the Airport Rescue Grant Program - Concession Relief Grant with the Federal Aviation Administration in the amount of $588,924, with a 10% contingency of $58,892, totaling $647,816, subject to final review and approval of the City Attorney’s Office.”

4.13 Communication: Madeline Suender, Associate Public Works Engineer and Corey Mims, PE, Senior Public Works Engineer, re: Acceptance of VTrans Highway Planning & Construction Grant #CA0672 Lake Street Shared-Use Path - authorize the Director of Public Works to accept and execute the Highway Planning & Construction Grant #CA0672 from the Vermont Agency of Transportation, in an amount up to $300,000, for the Lake Street Shared-Use Path design and construction, subject to approval by the City Attorney’s Office.

4.14 Communication: Brian Pine, Director of CEDO, Rachel Jolly, Assistant Director, CJC, Kerin Durfee, Director of Human Resources, Tony Berry, Human Resources Manager, re: Reclassification of seven (7) positions and creation of one (1) position - approve the: · Reclassification of the Manager of Court Diversion and Pretrial Services, a Limited Service, Full-time, Exempt, Non-Union, Grade 18, position to Manager of Court Diversion and Pretrial Services, a Regular, Full-time, Exempt, Non-Union, Grade 18, position; · Reclassification of the DLS Case Coordinator and Program Assistant, a Regular, Full-time, Non-Exempt, AFSCME, Grade13, position to DLS Case Coordinator and Program Assistant, a Regular, Full-time, Non-Exempt, AFSCME, Grade 15, position. Please note this request also includes Retroactive pay of approximately $270 due to being effective August 9, 2021; · Reclassification of the Pretrial Services/Tamarack Case Coordinator, a Regular, Full-time, Exempt, AFSCME, Grade 14, position to Pretrial Services/Tamarack Case Coordinator, a Regular, Full-time, Exempt, AFSCME, Grade 16, position; · Reclassification of the Court Diversion Services Coordinator, a Regular, Full-time, Exempt, AFSCME, Grade 14,
position to Court Diversion Services Coordinator, a Regular, Full-time, Exempt, AFSCME, Grade 16, position; · Reclassification of the Youth and Family Restorative Liaison position, a Limited Service, Part-time, Non-Exempt, Non-Union, Grade 14, position to Youth and Family Restorative Liaison position, a Limited Service, Full-time, Non-Exempt, Non-Union, Grade 15, position; · Reclassification of the Youth Restorative Program Manager, a Regular, Full-time, Exempt, Non-Union, Grade 17, position to Youth Restorative Program Manager, a Regular, Full-time, Exempt, Non-Union, Grade 18, position; · Reclassification of the Victim Liaison and Panel Coordinator, a Regular, Full-time, Non-Exempt, AFSCME, Grade 16, position to Victim Services Manager, a Regular, Full-time, Exempt, Non-Union, Grade 18, position; and
· Creation of the Balanced and Restorative Justice (BARJ) Case Coordinator, a Limited Service, Full-time, NonUnion, Grade 16, position.

4.15 Communication: Amy Bovee, Assistant City Clerk, Tyeastia Green, Director of Racial Equity, Inclusion and Belonging, re: Authorization for Contract with Avenue Insights and Analytics for Digitization of Land Records and Budget Amendment - Approve contract but have the CT Office and REIB come back to Board of Finance and City Council with a plan and proposal to complete the scanning of all land records.

4.16 Communication: Caleb Manna, Excavation Inspector, Department of Public Works, re: Encumbrance Application - State of Vermont Division of Historic Preservation--Historical Marker - approve and recommend that the City Council approve the Encumbrance Application for State of Vermont Division of Historical Preservation requesting use of the City right-of-way for a historical marker located at 86-90 Archibald Street and authorize the Mayor to execute a License Agreement in substantial conformity with the License Agreement attached—subject to approval by the City Attorney’s Office—on behalf of the City of Burlington.

4.17 Communication: Brian Pine, CEDO Director, Rachel Jolly, Assistant Director, CJC, re: VT Center for Crime Victim Services: "Victims of Crime Act" (VOCA) grant (Grant #02160-VOCA20-40096-8) - approve the acceptance of Grant #02160-VOCA20-40096-8 in the amount of $140,164 for FY22 and to authorize Director Pine or his designee to sign the grant acceptance and any necessary related documents.

4.18 Communication: Jeffrey A. Padgett, Division Director for Parking and Traffic, re: Parking Smart Meter Modem Upgrade and Repair - authorize the Director of Public Works to execute a contract with IPS Group, in an amount up to $140,000, for the upgrades and repairs and parking meter in the Burlington Downtown District, subject to approval by the City Attorney’s Office.

4.19 Communication: Megan Moir and Steve Roy, DPW - Water Resources, re: Consultant Contract Amendment for PLC Upgrade at Water Plant - authorize the Director of the Department of Public Works to amend the contract with Hallam-ICS, increasing the amount from $46,081 by up to $55,000, totaling up to $101,081, to upgrade Programmable Logic Controllers at the Water Plant, subject to the final review and approval of the City Attorney’s Office.

4.20 Communication: Brian Pine, CEDO Director, re: CityPlace Burlington Project Management Services Contract--White+Burke - approve, subject to prior approval of the City Attorney’s Office, the authorization of Brian Pine, CEDO Director, to execute a contract for the provision of project management services, which will include coordinating and leading the City’s effort to perform its responsibilities pursuant to the Amended and Restated Development Agreement (ARDA) with CityPlace Burlington, with David G. White, White+Burke Real Estate Advisors, with the maximum limiting amount of $100,000 for an initial term, July 21, 2021 through July 31, 2022. We respectfully request the City Council approve of the following motion: To approve an increase in expenditures for related TIF project costs by $100,000 and increase revenue by $100,000, as per voter approved Waterfront TIF in 2016. Any contract extensions will be subject to Board of Finance and City Council review and approval.

4.21 FIO Documents – for information only.

4.22 Resolution: Authorization To Permit The Mailing Of Absentee Ballots To All Active Registered Voters For Local Elections (Councilor Tracy) - waive the reading and adopt the resolution.

4.23 Resolution: Authorization For $1,095,700 Step II Loans From Vermont Clean Water State Revolving Fund And Contract With Wright Pierce For $995,700 For Design Of Phase II Wastewater Treatment Facility Improvements (Board of Finance) - waive the reading and adopt the resolution.

4.24 Resolution: Authorization For Refunding Public Improvement Bonds (Board of Finance) - waive the reading and adopt the resolution.

4.25 Resolution: Authorization For Short Term Public Improvement Bonds For Fiscal Year 2022 (Board of Finance) - waive the reading and adopt the resolution.

4.26 Communication: Nancy Garfinkel, re: vote NO on your upcoming BDS resolution – waive the reading, accept the communication, and place it on file.

4.27 Communication: A. Cohen, re: BDS Opposition - waive the reading, accept the communication, and place it on file.

4.28 Communication: Meagan Tuttle, COVID-19 Response Leader, re: Update on City COVID-19 Response Activities Summer 2021 - waive the reading, accept the communication, and place it on file.

4.29 Communication: Eitan Sobel, re: BDS resolution - waive the reading, accept the communication, and place it on file.

4.30 Communication: Larry Shapiro, re: Burlington City Council to vote to boycott Israel - waive the reading, accept the communication, and place it on file.

4.31 Communication: Martha L. Molnar, re: BDS Resolution - waive the reading, accept the communication, and place it on file.

4.32 Communication: Norman Cohen, re: BDS RESOLUTION - waive the reading, accept the communication, and place it on file.

4.33 Communication: Tony Redington, re: Letter to City Council--Item 5.04 Council Meeting September 13, 2021 - waive the reading, accept the communication, and place it on file.

4.34 Communication: Ron Rockman, re: Resolution Calling for Justice and a peaceful end to Palestine and Israel - waive the reading, accept the communication, and place it on file.

4.35 Communication: Michael Ruane, re: Council BDS Motion - waive the reading, accept the communication, and place it on file.

MOTION by Councilor Paul, SECOND by Councilor Hanson, to amend the consent agenda to state for item 4.10 to approve the public art coordinator and delay the event coordinator position to September 27, 2021, and to state for item 4.16 to approve the contract but have the Clerk/Treasurer Office and REIB department return to the Board of Finance and City Council with a plan and proposal to complete the scanning of all land records.

DISCUSSION:

Mayor Weinberger clarified that the Board of Finance delayed one of the BCA positions but the other was reclassified.

VOTING: unanimous; motion carries.

DELIBERATIVE AGENDA

5.01 Resolution: November 9, 2021 Special City Meeting -- Issuance of General Obligation Bonds for Capital Projects (Board of Finance)

Mayor Weinberger noted that questions about this arose at the Board of Finance meeting and during public forum, and suggested postponing the vote on this resolution until September 27^th meeting. He said that there will be some complications around the special elections in postponing this, but those will be addressed at the Council’s September 27^th meeting.

MOTION by Councilor Paul, SECOND by Councilor Hanson, to postpone this item until the September 27, 2021 City Council meeting.

DISCUSSION:

Councilor Hanson asked whether postponing would impact this being placed on the ballot on November 9. Mayor Weinberger replied that there is no existing November ballot, but that it will warrant a special election with a date set by this Council. He said that the proposed November 9^th date will need to be adjusted.

VOTING: unanimous; motion carries.

5.02 Presentation: Meagan Tuttle, Office of City Planning, re: 2020 Initial Census Data Summary

Principal Planner Tuttle began the presentation by noting that the initial dataset being released includes population, race, ethnicity, and housing. Other areas of data will be released on a rolling basis. She noted that Burlington current has 44,743 residents, which an increase of approximately 5% from the 2010 census. She noted that in terms of race and ethnicity, in 2020 82% identified as white, 17.8% identified as BIPOC or of two or more races, and 3.7% identified as Hispanic or Latino.

She then showed how the racial composition of the City has changed from 2010 to 2020. She noted that in 2010, 89% of the City identified as White, and that that has decreased to 82% in 2020. One reason is demographic changes over the last ten years; other is that the 2020 census asks different questions about race and ethnicity, to ensure that people can more thoroughly and accurately identify themselves.

Principal Planner Tuttle then noted how the population of the City has changed by ward from 2010 to 2020. She noted increases in most wards, though Ward 7 did show a decline in population. She noted that there however was a repeated misallocation between Wards 6 and 8 of University of Vermont beds in 2010, which was corrected for the 2020 census.

She spoke about determining the “ideal size” of the wards, which is done to determine that the wards are of roughly equal size.

She then walked through the number of total housing units in the City between 2000 and 2020.

MOTION by Councilor Paul, SECOND by Councilor Mason, to suspend the rules and complete deliberative agenda items 5.03-5.06 and 5.08.

VOTING: unanimous; motion carries.

Councilor Barlow asked if there was any more detail around the increase in Ward 1. Principal Planner Tuttle replied that some of the increase in Ward 1 could be the result of development in Ward 1.

Councilor Hanson asked if the population discrepancy will require redistricting. Principal Planner Tuttle replied that yes. Attorney Richardson concurred.

5.03 Resolution: Request For $1.795 Million Of ARPA Funds To Address Ongoing Health Response, Negative Impacts Of Reappraisal And Water Main Replacement (Board of Finance)

MOTION by Councilor Paul, SECOND by Councilor Hanson, to waive the reading and adopt the resolution.

DISCUSSION:

Director Alnasrawi said that this portion of ARPA funding would be used to address the public health response, specifically around the Delta variant of Covid-19, and would also be put toward addressing reappraisal, some stormwater/wastewater activity, and work on University Place.

VOTING: unanimous; motion carries.

5.04 Communication: Chapin Spencer, Director and Corey Mims, P.E., Senior Public Works Engineer, re: Champlain Parkway - Design Contract Amendment No. 17 with Clough, Harbour & Associates

MOTION by Councilor Hanson, SECOND by Councilor Barlow to authorize the Director of the Department of Public Works to execute Contract Amendment Number 17 to the contract with Clough Harbour & Associates for engineering design services for the Champlain Parkway project, including developing contract plans and bid documents for a two-contract construction approach consistent with the South End Construction Coordination Plan, increasing the contract amount by $1,054,733.65, raising the total from $12,417,369.19 to $13,472,102.84, and extending the contract term from October 1, 2021 to July 1, 2025, subject to the review and approval by the City Attorney’s Office.

DISCUSSION:

Director Spencer said that this authorization would unlock substantial new investment in the South End and reframe how to bring major projects in the South End forward while minimizing impacts to residents. He presented the South End Construction Coordination Plan. He said that it would be split into 2 construction contracts. Senior Engineer Mims described the contracting sequencing plan in more detail. Director Spencer noted that this plan would minimize construction impacts, achieve many of the benefits of the parkway more promptly, and would enable the City to make the interstate connection more quickly. He noted that DPW has received several questions from Councilors about repayment. He said that the City has invested a significant amount of money in the project, and there was a question about whether the repayment provisions in the contract would be put forward and utilized, should there be a lack of progress on the project. He noted the Federal Highway Administration’s 20 Year Rule would require repayment of federal funds and that VTrans would require repayment of State funds should momentum on the project be lost.
Councilor Mason asked for further detail and clarification on the process. Senior Engineer Baldwin said that they have completed a limited scope supplemental impact statement, and that the Federal Highway Administration will issue a record of decision within the next 30 days. Councilor Mason thanked staff for efforts to address the concerns of neighborhoods on some of these projects.
Councilor Hanson asked about when the 20 year timeframe is triggered. Senior Engineer Baldwin replied that it would be 20 years from when federal obligation funds are accessed, but that it is somewhat of a grey area currently.

VOTING: unanimous; motion carries.

5.05 Resolution: November 9, 2021 Special City Meeting -- Issuance Of Revenue Bonds -- For Burlington Electric Department Projects (Board of Finance)

MOTION by Councilor Paul, SECOND by Councilor Carpenter, to waive the reading and adopt the resolution.

DISCUSSION:

General Manager Springer provided a brief overview of the Burlington Electric Department. He spoke briefly about the bond, noting that it would require a majority vote by the voters and would only be payable from BED rates and revenues (not from tax increases), and would obligate BED only (wouldn’t add to the City’s debt ratio). He said that this would be a net zero energy revenue bond, aimed to build on the foundation of investments used to meet Burlington’s net zero energy goals by 2030. He said the bond would be for $20 million, and would specifically go toward grid investments, technology system investments, renewable generation, and net zero energy capital investments. He noted that the bond would more easily allow BED to reach its goal of 110 days cash on hand and would put much less rate pressure on the department.
Councilor Carpenter asked if the assumptions of the bond have been built into the rates. General Manager Springer replied that yes, they have built those assumptions in the rates for the next 5 years. He said that they see declining rate pressure from FY 2022 FY 2026 with the addition of this bond.
Councilor Barlow asked for clarification on the 4.9% rate pressure cited with the bond. General Manager Springer replied that they will have a better sense of their rate proposal in the spring, but 4.9% represents their best estimate based on current assumptions. He said that the actual rate pressure from the bond will likely be around 1%.

MOTION by Councilor Mason, SECOND by Councilor Dieng, to divide the question.

VOTING: unanimous; motion carries.

MOTION by Councilor Mason, SECOND by Councilor Dieng, to adopt the revenue bond.

VOTING: unanimous; motion carries.

MOTION TO AMEND by Councilor Mason, SECOND by Councilor Dieng, to amend the public hearing date to be set at the September 27, 2021 City Council meeting, in conjunction with the determination for the vote for the general obligation bond.

VOTING (on amendment): unanimous; motion carries.

VOTING (on motion as amended): unanimous; motion carries.

5.06 Resolution: Resolution Calling For Justice And Peaceful End To Palestine And Israel Conflict (Racial Equity, Inclusion, and Belonging Committee)

MOTION by Councilor Dieng, SECOND by Councilor Hanson, to withdraw the resolution.

DISCUSSION:

Councilor Dieng spoke about the controversy related to this resolution. He described the process through which the resolution went through, including its origin at the Racial Equity, Inclusion, and Belonging Committee. He noted that the resolution was supported by 27 local organizations. He noted the substantial amount of written feedback received from constituents and others on this resolution, which called to attention the one-sidedness of the resolution. He said that he is committed to revising this resolution by engaging with the community and experts on both sides of the issue.
Councilor Paul noted that they received over 2,000 emails from people across the country, and only 10 or 11 of them were supportive of the resolution. She expressed concern that though the resolution may be withdrawn, it could still come back in its current form. She said her preference would be to debate the motion and vote it down, rather than withdraw it.
Councilor Mason noted that the resolution did not originate with the Council or any individual Councilor. He said he will not support any resolution that elicits such a strong, violent reaction from the public.
Councilor Hightower disagreed with those who said that it is not appropriate for Burlington to take up a resolution dealing with an international issue, since there is precedent for that. She acknowledged a real fear a rise in anti-Semitism in the community around this resolution.
Councilor Stromberg noted that the common goal is peace and acknowledged that it is not simple goal. She said the dialogue and public comment around this resolution have been very informative.
Councilor Dieng said that he would like this resolution to return to the REIB Committee for more dialogue and revisions prior to it returning for further City Council consideration.
Councilor Barlow said that the Council is not the appropriate body to debate this issue, and that there are more pressing local issues to be worked through.
Councilor Hanson said that he supports withdrawing the resolution and having further conversation around this issue.
Councilor Magee said that it is important to express solidarity with oppressed people, though it is important to acknowledge the rise of anti-Semitism around the country and the world, as well as address the concerns of Jewish community members around local safety.
Councilor Shannon said that this Council’s duty is to govern this City and its myriad issues.
Councilor Carpenter said she struggles with the Council’s role in taking a stand on this issue, as opposed to other international issues.

VOTING (by roll call): Councilor Barlow – nay, Councilor Carpenter – nay, Councilor Dieng – aye, Councilor Hanson - aye, Councilor Hightower – aye, Councilor Mason – nay, Councilor Paul – nay, Councilor Magee – aye, Councilor Shannon – nay, Councilor Stromberg – aye, City Council President Tracy – aye (6 ayes, 5 nays, 1 absent); motion carries.

5.07 Ordinance: Comprehensive Development Ordinance -- Minimum and Maximum Parking Requirements and Transportation Demand Management (Councilor Hanson)(1st reading)

Removed from agenda.

5.08 Resolution: Legal Resident Local Elections Voting (Councilors Hanson and Stromberg)

MOTION by Councilor Hanson, SECOND by Councilor Stromberg, to waive the reading and adopt the resolution.

DISCUSSION:

Councilor Hanson noted that this resolution has come up before but had been postponed and not yet placed on the ballot. He said that the resolution ensures that democracy works for all. He said the resolution would allow all legal residents 18 and over to vote in local elections. He said that they will seek stakeholder input
Councilor Barlow said that local elections often have more impact than state or federal elections, and those other elections have citizenship requirements. He said that citizenship should be incentivized by voting rights.
Councilor Stromberg said this is a good first step toward enfranchisement for a segment of the City’s currently-disenfranchised population.

VOTING (by roll call): Councilor Barlow – nay, Councilor Carpenter – aye, Councilor Dieng – aye, Councilor Hanson - aye, Councilor Hightower – aye, Councilor Mason – aye, Councilor Paul – aye, Councilor Magee – aye, Councilor Stromberg – aye, City Council President Tracy – aye (9 ayes, 1 nay, 2 absent); motion carries.

6. COMMITTEE REPORTS

6.01 Verbal Reports

7. CITY COUNCIL – GENERAL AFFAIRS

7.01 Verbal Reports

None at this time.

8. CITY COUNCIL PRESIDENT – COUNCIL UPDATES

8.01 Verbal Reports

9. MAYOR – GENERAL AFFAIRS

9.01 Verbal Reports

10. ADJOURNMENT

10.01 Motion to Adjourn

MOTION by Councilor Hanson, SECOND by Councilor Carpenter, to adjourn the meeting.

VOTING: unanimous; motion carries.

The City Council meeting adjourned at 12:23 AM.

RScty: AACoonradt