City of Burlington, VT

BURLINGTON CITY COUNCIL

CONTOIS AUDITORIUM, 2^ND FLOOR, CITY HALL

BURLINGTON, VERMONT

MINUTES OF MEETING

October 18, 2021

MEMBERS PRESENT: Karen Paul

Chip Mason

Max Tracy

Joan Shannon

Ali Dieng

Perri Freeman

Jack Hanson

Jane Stromberg

Sarah E Carpenter

Zoraya Hightower

Mark Barlow

Joe Magee

OTHERS PRESENT: Miro Weinberger

Katherine Schad

Dan Richardson

Jordan Redell

Tyeastia Green

Belan Antesaye

Emily Stebbins-Wheelock

Darren Springer

Laura Wheelock

Olivia Darisse

____________________________________________________________________________________

1. CALL TO ORDER and AGENDA

The meeting was called to order by City Council President Tracy at 6:33 PM.

1. Motion to amend/adopt agenda

MOTION by Councilor Stromberg, SECOND by Councilor Carpenter, to amend and adopt the agenda as follows:

remove from the agenda item 3. JUNETEENTH QUILT presentation (per Martha Keenan);
add to the consent agenda item 6.27 Communication: Brian Pine, CEDO director and Rachel Jolly, Assistant Director, CJC, re: DCF-FSD Contract for RJ Law Enforcement Training (#03440-22FSD-582) with the action to "approve the acceptance of Grant #03440-22FSD-582, in the amount of $100,000, which will support the work of youth and Restorative Justice training to law enforcement state-wide, and to authorize Director Pine or his designee to sign the grant, and all other documents related to implementation of the grant, subject to the review and approval of the City Attorney";
add to the consent agenda item 6.28 Communication: Mary D. Hart, Member, Board of Health, re: Resignation with the action to "waive the reading, accept the communication, place it on file, advertise the vacancy in Seven Days and send Mary D. Hart a letter of appreciation thanking for her time served as a Member of the Board of Health;
add to the consent agenda item 6.29 Communication: Emma Kouri, re: Support for Sears Lane AND long term community safety with the action to "waive the reading, accept the communication and place it on file";
note written materials for agenda item 7.05 Resolution: Church Street Marketplace Executive Director Reclassification (Board of Finance)(per COS Redell);
note proposed amendment for agenda item 7.09 (per Councilor Paul);
note revised version for agenda item 7.10 and Councilor Mason is an additional co-sponsor (per Councilor Shannon).

MOTION TO AMEND by Councilor Shannon, SECOND by Councilor Carpenter, to change item 7.10 to be item 7.75.

VOTING (by roll call): Councilor Barlow – aye, Councilor Magee – nay, Councilor Hanson – nay, Councilor Stromberg – nay, Councilor Shannon – aye, Councilor Mason – aye, Councilor Paul – aye, Councilor Dieng – aye, Councilor Carpenter – aye, Councilor Hightower – aye, City Council President Tracy - aye, Councilor Freeman – aye (9 ayes, 3 nays); motion carries.

MOTION TO AMEND by Councilor Magee, SECOND by Councilor Stromberg, to further amend the agenda to add to the Deliberative Agenda item 7.11 Resolution: The Health And Safety Of Houseless Vermonters.

DISCUSSION:

Mayor Weinberger provided an update on the Sears Lane encampment. He noted that a component of the encampment policy was negotiated with ACLU, regarding storage of encampment belongings for 30 days. He said that storage containers will be at the encampment next Monday. He said that the City is also extending the deadline to leave the encampment to October 26. He added that the City has received commitment from the Department of Children and Families (DCF) for funding to help find housing assistance for children and families, with collaboration from CVOEO. He said that City staff will meet with campers on October 21 to hear issues, discuss the storage policy, and work with campers regarding the removal of trash and abandoned items.

VOTING (by roll call): Councilor Barlow – nay, Councilor Carpenter – nay, Councilor Dieng – aye, Councilor Freeman – 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 (7 ayes, 5 nays); motion fails.

VOTING ON AGENDA AS AMENDED: unanimous; motion carries.

1. Further amend the agenda to add to the Deliberative Agenda item 7.11 Resolution: The Health And Safety Of Houseless Vermonters (Councilor Magee)

This item was discussed during Item 1.01.

2. COMMUNICATION: CITY ATTORNEY RICHARDSON AND MAYOR WEINBERGER, RE: WATERFRONT TIF DISTRICT**VERBAL **6:30 pm – 7:00 pm **LOCATION: Bushor Conference Room**EXPECTED EXECUTIVE SESSION**

2.01 Communication: City Attorney Richardson and Mayor Weinberger, re: Waterfront TIF District **verbal** 6:30 pm - 7:00 pm: Location: Bushor Conference Room, 1st Floor, City Hall** EXPECTED EXECUTIVE SESSION

Mayor Weinberger said that this executive session would serve to brief the Council on the work with respect to the Waterfront TIF District and possible issues that the Council should be aware of.

MOTION by Councilor Paul, SECOND by Councilor Mason, that the Council find that premature general public knowledge of information concerning the Downtown TIF District would place the City at a substantial disadvantage.

VOTING: unanimous; motion carries.

MOTION by Councilor Paul, SECOND by Councilor Mason, that based upon that finding, the Council enter into executive session to receive confidential attorney-client communications, 1 VSA §313(a)(1)(F), in a pending or probable civil litigation matter, 1 VSA §313(a)(1)(E).

VOTING: unanimous; motion carries.

The City Council entered executive session at 7:04 PM.

The City Council exited executive session at 7:35 PM.

Mayor Weinberger spoke about the City’s decision to break up the Sears Lane encampment. He agreed with public sentiment that the unhoused should have better housing supports within the community. He spoke about his administration’s work to provide housing supports over the last number of years. He spoke of efforts to increase safety in the encampment by more actively managing it, but said that no bids were received for an RFP to actively manage the site.

3. JUNETEENTH QUILT PRESENTATION **AGENDA ITEM REMOVED**

3.01 Juneteenth Quilt Presentation

No discussion at this time.

4. PUBLIC FORUM

4. 01 Verbal Comments

Forum opened at 7:43 PM.

COMMENTS:

Burlington residents - in person:

Ernie Pomerleau noted daily incidents related to public safety, and recommended that the City Council increase the cap on police officers as well as increase mental health awareness. He said that it is crucial for the vitality of Burlington.
Dan Bito spoke about the recent incidents around homeless individuals in the downtown area. He said that it is a rare instance of social justice, noting that this is a product of failed local policies.
Violet Budd-Chickering spoke about the breakup of the Sears Lane encampment, saying that it is criminalizing and harassing the most vulnerable in the City.
Casey Sears spoke about the conditions in some of the housing shelters in Burlington. He also spoke about false police reports.
Lee Morgan spoke in support of the Sears Lane residents, saying that anyone making decisions about those residents needs to have the qualifications to do so. They spoke about their own lived experience with drugs, alcohol, and houselessness.
Chrysanthemum Harrell spoke in solidarity with the victims of Sears Lane and spoke about the lack of affordable housing in Burlington.
Will Keeton spoke in support of the houseless on Sears Lane.
Emma Schoenberg spoke about their experience providing food support to the houseless residents of Burlington. They said that violence is the expression of unmet needs of people.
Julie Masuga said that the administration has potentially sent houseless neighbors to their deaths as the weather gets colder.
Leif Tarania spoke against the police accountability meaure, saying that it does not give community oversight and still leaves disciplinary action still in the hands of the Chief of Police. They also spoke about Sears Lane and that the City has failed its residents in this regard. They said that the Mayor’s decisions would criminalize poverty.
Deirdre Graham spoke about the City’s decision to shut down Sears Lane, and said that forcibly removing 30 households from their homes is unacceptable. She stressed that the people involved are human beings and urged Councilors and the administration to have compassion.
Escher Lee spoke with disgust about the City’s decision to destroy the encampment at Sears Lane.
Grace Pfeil encouraged the City to continue working towards true police accountability, saying that the issue should be centered around the most vulnerable in the City.
Steven Margolin said that the City is perpetuating violence on the residents of Sears Lane by evicting them. He also spoke unfavorably about the resolution around police accountability, calling it a half-measure and saying that a comprehensive charter change is the only way to effectively change the laws.
Gene Bergman expressed disappointment that the Council did not take up the resolution on houselessness for debate on the floor tonight. He equated the eviction of residents of Sears Lane to the violence occurring currently in Palestine.
Stephen Marshall spoke about their experience living at the Sears Lane encampment, noting that many of the residents would welcome management from a non-profit.
Amanda Skehan requested that any increase in the police cap include a domestic violence officer to help support victims.
Karen Stewart thanked the Council and City staff for the work they have conducted to reform the police department and maintain the safety of the community.
Gabe Arnold spoke in dismay at how the Council has approached balancing police supports with community supports, saying that police staffing levels were cut arbitrarily.
Christopher Aaron Felker said that the City should listen to the CNA report and raise the officer cap, as well as be responsive to requests from the Burlington Business Association on behalf of downtown employees who feel unsafe.
Todd LaCroix said that it is not the quantity of the police staffing levels that matters, but the quality of the officers and the commitment not to militarize the police.
Sam Bliss urged the City not to evict the residents of the Sears Lane settlement.
Mat Tanner urged the City Council and administration not to evict the residents of Sears Lane.
Peach Kilroy said spoke in support of the residents of Sears Lane, saying that the supports proposed by the administration are not enough to justify evicting people from their homes. She said that the community needs to do a better job of helping its residents and that it is the responsibility of the City to do the best for the people it serves.
Tyler Pastorok said that the resolution on the table around police accountability do not do enough to put accountability in the hands of the community.
Carolyn Bates spoke about their experience with community supports, urging the City to provide them to the residents of Sears Lane. She said that evicting the residents of Sears Lane is not the answer.
Isabel Suarez spoke about their experience working at COTS to find housing for the houseless, noting that her organization has been unable to place clients in permanent housing due to the low vacancy rate. She also noted that the community supports that the City has offered as a resource for the residents of Sears Lane are overworked and have too many clients in their caseloads already.
Emry Green said there was not enough housing available before the pandemic, there isn’t enough now, and there definitely will not be enough housing after the pandemic.
Forest Sims spoke about their experience being supported by COTS. They spoke about their experience with residents at Sears Lane.
Bob Pettersen spoke in solidarity with the people being evicted from Sears Lane.
Alex Lawson said that evicting the residents of Sears Lane while Covid cases are spiking and the temperatures are dropping, saying that it is inhumane.
Sandy Baird spoke about domestic violence, saying that it will spike and get worse if the police staffing levels are further decreased.
Paul Desalles thanked the Council for their support of the mental health summit, but cited concern with the deterioration of public safety in the City.
Grey Barerda spoke as a resident of Sears Lane.
Jadah Bearden spoke in solidarity with the residents of Sears Lane.

Burlington residents - via Zoom:

Marissa McDonald spoke with concern behalf of the children who live around the encampment, who witness methamphetamine sales and gun-wielding. She said that they are no longer able to safely walk to school.
Harmony Edosomwan said that police officers don’t prevent crime, but addressing the root causes of crime in the community does, such as eradicating poverty.
Alexandra Karambelas said that crime has been trending downward in Burlington for years. They expressed concern about evicting residents from their homes and criminalizing poverty.
Primrose spoke about the eviction of the Sears Lane encampment residents and urged the City Council and administration to have empathy for them.
Lenore Broughton spoke in support of raising the officer cap on the police force.
Corey McDonald expressed concern about the conditions of the encampment and talked about theft and other criminal activity that has occurred around the encampment.
Kurt Wright said that there need to be solutions found for homeless people, but continuing with the encampment on Sears Lane is not possible.
Willow spoke about the criminalization of Sears Lane, which reflects back on the elected officials in power.
Thaya Zalewski said that evicting the residents of Sears Lane does not address the root cause of the homelessness of the residents.
Michaela Aladjem spoke in support of the residents of Sears Lane and said that criminalizing poverty is not the answer.
Annie Lawson spoke against the eviction of the homeless at Sears Lane, as well as against the proposal around increasing the police cap.

Non-Burlington residents – in person:

Jeff Nick said that merchants on Church Street are concerned about crime, and that calls may be down because people have given up calling the police department when a crime occurs.
Vicki Rathgeb spoke about the CNA report and its recommendation to redistribute a detective from CUSI, which would be detrimental to the program. She said that if the detective is lost, then those who suffer will be the men and women who are sexually assaulted that rely on the program.

Non-Burlington residents – via Zoom:

Kelly Devine spoke in favor of the plan to follow the recommendations from the CNA report, as well as the increased crime downtown.
Dana Keyes-Gibbons said that the Sears Lane residents are being targeted because the City is trying to criminalize poverty, rather than offering resources or care.

Forum closed at 9:35 PM.

5. CLIMATE EMERGENCY REPORTS

5.01 Climate Emergency Reports

None at this time.

CONSENT AGENDA

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

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

6.03 Communication: C/T Office, re: July 12, 2021 Local Control Commission Meeting Minutes, Draft - waive the reading, accept the communication, place it on file and adopt the minutes at the October 25, 2021 Regular City Council Meeting.

6.04 Communication: C/T Office, re: July 12, 2021 Regular City Council Meeting Minutes, Draft - waive the reading, accept the communication, place it on file and adopt the minutes at the October 25, 2021 Regular City Council Meeting.

6.05 Communication: C/T Office, re: August 9, 2021 Board of Civil Authority Meeting Minutes, Draft - waive the reading, accept the communication, place it on file and adopt the minutes at the October 25, 2021 Regular City Council Meeting.

6.06 Communication: C/T Office, re: August 9, 2021 City Council With Mayor Presiding Meeting Minutes, Draft - waive the reading, accept the communication, place it on file and adopt the minutes at the October 25, 2021 Regular City Council Meeting.

6.07 Communication: C/T Office, re: September 9, 2021 Special City Council Meeting Minutes, Draft - waive the reading, accept the communication, place it on file and adopt the minutes at the October 25, 2021 Regular City Council Meeting.

6.08 Communication: C/T Office, re: September 13, 2021 City Council With Mayor Presiding Meeting Minutes, Draft - waive the reading, accept the communication, place it on file and adopt the minutes at the October 25, 2021 Regular City Council Meeting.

6.09 Communication: C/T Office, re: September 13, 2021 Regular City Council Meeting Minutes, Draft - waive the reading, accept the communication, place it on file and adopt the minutes at the October 25, 2021 Regular City Council Meeting.

6.10 Communication: C/T Office, re: September 27, 2021 Full Board of Abatement of Taxes Meeting Minutes, Draft - waive the reading, accept the communication, place it on file and adopt the minutes at the October 25, 2021 Regular City Council Meeting.

6.11 Communication: C/T Office, re: September 27, 2021 Regular City Council Meeting Minutes, Draft - waive the reading, accept the communication, place it on file and adopt the minutes at the October 25, 2021 Regular City Council Meeting.

6.12 Communication: Jeffrey A. Padgett, Division Director for Parking and Traffic, re: Authorization to Award Contract for Towing Services in the Amount of $140,000 Annually for a Five-Year Term - authorize the Director of Public Works to enter into a contract with Spillane’s Towing and Recovery for up to $140,000 annually for a five-year term, subject to final review and approval by the City Attorney’s Office.

6.13 Communication: Steven A. Locke, Fire Chief, re: Solar Panels - waive the reading, accept the communication and place it on file.

6.14 Communication: Sylvia Knight, re: item 6.14 on the Consent Agenda 092721 CC - waive the reading, accept the communication and place it on file.

6.15 Communication: Erin McConnell, re: Stop Deportations of Haitian Asylum Seekers Now! - waive the reading, accept the communication and place it on file.

6.16 Communication: Julie Marks, re: Public comment submission for City Councilors & Mayor - waive the reading, accept the communication and place it on file.

6.17 Communication: Britt Susan Moore, re: Church Street, City Park and surrounding areas - waive the reading, accept the communication and place it on file.

6.18 Communication: Lori Olberg, Licensing, Voting and Records Coordinator, re: AMENDED Regular Schedule of Meetings of the City Council through August 2022 - waive the reading, accept the communication, place it on file and approve the Regular City Council Meeting Dates as amended/listed.

6.19 Communication: Greta Powers, re: Stop Deportations of Haitian Asylum Seekers Now! - waive the reading, accept the communication and place it on file.

6.20 Communication: Jed Davis, Member, CSM, re: Resignation - waive the reading, accept the communication, place it on file, advertise the vacancy (already did), and send a letter of appreciation to Jed Davis thanking him for his time served a Member of the Church Street Marketplace Commission.

6.21 Communication: Jeffrey A. Padgett, MBA, Division Director for Parking and Traffic, re: Information Related to Parking Services Ordinance Update: Nonpayment Threshold Limited Violation Forgiveness - waive the reading, accept the communication and place it on file.

6.22 Communication: Caleb Manna, Excavation Inspector, Department of Public Works, re: Howard Opera House Association -- Subterranean Concrete Vault on Bank Street - approve and recommend that the City Council approve the Encumbrance Application for Howard Opera House Association requesting use of the City right-of-way for an underground vault attached to the building located at 81-93 Church 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.

6.23 Communication: Burlington International Airport, re: Request to accept (1) Federal Aviation Administration (FAA) Grant for Taxiway K and RW 1 PAPI Construction & Inspection and to (2) accept FAA Grant for RW 1 PAPI Relocation FAA Oversight and Flight Check, Execute Contracts for Construction and Inspection Services for these Projects with SD Ireland and CHA Consulting Inc. respectively. - 1. “To authorize the Director of Aviation to accept and execute a grant from the Federal Aviation Administration in an amount up to $1,475,215.82 with a 15% totaling up to $1,696,498.82, as allowed under the grant for the construction of taxiway K related to the Hot Spot Remediation Project, subject to review and approval of the City Attorney’s Office.”; 2. “To authorize the Director of Aviation to accept and execute a grant from the Federal Aviation Administration in an amount up to $47,798.01 with a 15% contingency totaling up to $54,967.71, as allowed under the grant for FAA oversight and flight check for the relocation of the RW 1 PAPI’s related to the construction of taxiway K for the Hot Spot Remediation Project, subject to review and approval of the City Attorney’s Office.”;3. “To authorize the Director of Aviation to execute a contract with SD Ireland in the amount of up $1,273,715.82 with a 15% contingency totaling up to $1,464,773.19, as allowed under the grant for the construction of taxiway K and relocation of the RW 1 PAPI’s related to the Hot Spot Remediation Project, subject to review and approval of the City Attorney’s Office.”; and 4. “To authorize the Director of Aviation to execute a contract with CHA in the amount of up to 151,500.00 with a 15% totaling up to $174,225.00, as allowed by the grant for construction oversight for the construction of taxiway K and relocation of the RW 1 PAPI’s related to the Hot Spot Remediation Project, subject to review and approval of the City Attorney’s Office.”

6.24 Communication: Phillip Peterson, EI, Public Works Engineer and Corey Mims, PE, Senior Public Works Engineer, re: Acceptance of VTrans Town Highway Class 2 Roadway Program Grant #P02002 for North Avenue Road Surfacing - authorize the Director of Public Works to accept and execute the Town Highway Class 2 Roadway Program Grant #P02002 from the Vermont Agency of Transportation, in an amount up to $175,000, for the mill and fill of asphalt on North Avenue between Ethan Allen Parkway and Shore Road.

6.25 FIO Documents – for information only

6.26 Resolution: Reclassification And Retitling Of One Full Time Position, Creation Of One Full Time Position, And Elimination Of One Full Time Position For The Parking And Traffic Division (Board of Finance) - waive the reading and adopt the resolution.

6.27 Communication: Brian Pine, CEDO Director and Rachel Jolly, Assistant Director, CJC, re: DCF-FSD Contract for RJ Law Enforcement Training (#03440-22FSD-582) - approve the acceptance of Grant #03440-22FSD-582, in the amount of $100,000, which will support the work of youth and Restorative Justice training to law enforcement state-wide, and to authorize Director Pine or his designee to sign the grant, and all other documents related to implementation of the grant, subject to the review and approval of the City Attorney.

6.28 Communication: Mary D. Hart, Member, Board of Health, re: Resignation - waive the reading, accept the communication, place it on file, advertise the vacancy in Seven Days and send a letter to Mary D. Hart thanking her for her time served as a Member of the Board of Health.

6.29 Communication: Emma Kouri, re: Support for Sears Lane AND long term community safety - waive the reading, accept the communication and place it on file.

MOTION by Councilor Stromberg, SECOND by Councilor Hanson, to amend/adopt the consent agenda and take the actions as indicated for items 6.01-6.29.

VOTING: unanimous; motion carries.

7. DELIBERATIVE AGENDA

7.01 Appointment: Church Street Marketplace Commission: Term Expires 6/30/24

MOTION by Councilor Stromberg, SECOND by Councilor Stromberg, to nominate Cara Tobin to the Church Street Marketplace Commission.

VOTING: unanimous; motion carries.

Cara Tobin is now a member of the Church Place Marketplace Commission.

7.02 Appoint Councilor Magee to the Board of Tax Appeals

MOTION by Councilor Carpenter, SECOND by Councilor Carpenter, to nominate Councilor Magee to the Board of Tax Appeals.

VOTING: unanimous; motion carries.

Councilor Magee is now a member of the Board of Tax Appeals.

7.03 Presentation Regarding Burlington's Racial Equity Strategic Roadmap

Director Green presented the strategic roadmap for changing the culture (and Culture) of Burlington. She began by reviewing the groundwork that was done prior to this point, such as the 2019 Equity Report (and others). Research Analyst Antensaye outlined the stakeholder engagement process, data gathering, case studies, and listening sessions that were conducted in developing the roadmap. She noted that the City is collaborating with Operation Phoenix R.I.S.E. She noted the key themes and grounding values of the community, which includes community and power, identity and representation, and safety and freedom. She outlined the 8 steps developed to changing culture and disrupting oppression in order to create a more equitable culture. Director Green outlined the budget allocation for this work. Research Analyst Antensaye noted the process’s commitment to sustained community engagement that centers BIPOC voices, sharing decision-making and resources allocation with the community and partners, creating high-impact systemic change, and measuring and evaluating the process through disaggregated metrics.

Councilor Hanson asked how the Council can better support this work. He also asked how the community engagement and input has gone so far, and how turnout has been. Director Green replied that turnout was very good for both listening sessions. Research Analyst Antensaye said that the strategic plan will require a funding commitment from the Council, and that it is a five-year plan.

MOTION by Councilor Shannon, SECOND by Councilor Hightower, to accept the communication and place it on file.

7.04 Communication: Katherine Schad, Chief Administrative Officer, Emily Stebbins-Wheelock, Manager of Strategy and Innovation, Burlington Electric Department, Darren Springer, General Manager, Burlington Electric Department, Martha Keenan, Capital & Special Projects Director, re: Use of ARPA Funds to clear BED customer arrearages

MOTION by Councilor Paul, SECOND by Councilor Stromberg, to approve and authorize the utilization of ARPA funds to Burlington Electric Department for $1.3 million to eliminate customer arrearages and fund the temporary energy assistance program as stated above.

DISCUSSION:

Chief Administrative Officer Schad noted that this request has come before the Council before but is coming back to the Council for reapproval at the request of the City’s auditors. She noted that there are up to $1.5 million in arrearages for BED and that they are working with their customers and the State of Vermont to take advantage of the State’s arrearage assistance funding. She noted that this ARPA funding would be used to supplement those State funds.
Councilor Hanson asked about excess funding that is not expended on arrearages. BED Manager Springer said that they have been able to draw down State funding but do not anticipate having excess City funds. He noted that BED has continued its moratorium on cutting off service for customers in arrears.
Councilor Magee asked if the City anticipates additional State funding for this. BED Manager Springer said that there are several arrearage assistance programs, one of which will end next week, though the other will continue.

VOTING: unanimous; motion carries.

7.05 Resolution: Church Street Marketplace Executive Director Reclassification (Board of Finance)

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

DISCUSSION:

Chief Administrative Officer Schad said that this would reclassify the Church Street Marketplace Executive Director position, as the person in this position has taken on many additional duties and responsibilities as a result of Covid.

VOTING: unanimous; motion carries.

7.06 Communication: Laura Wheelock, P.E., Senior Public Works Engineer and Olivia Darisse, P.E., Public Works Engineer, re: Great Streets Main Street Design Consultant Contract Approval and Project Budget

MOTION by Councilor Hightower, SECOND by Councilor Stromberg, 1.) To authorize the Director of Public Works to execute a contract, subject to City Attorney approval, with Vanasse Hangen Brustlin, Inc. (VHB) in the amount of $1,213,923.00, and further authorize the Director of Public Works to execute any necessary future amendments using up to $182,100.00 (15%) in available contingency funds, for a total authorized amount of $1,396,023.00 for the development of the design of the Great Streets Main Street project; and 2.) To authorize a total project budget of $1,775,000.00, which includes design contract and contingency funds, funds for lighting design costs to be used by the Burlington Electric Department (BED), and funds for public art procurement and design costs to be used by Burlington City Arts (BCA).

DISCUSSION:

Senior Engineer Wheelock provided an overview of the project for which this funding would be allocated. She spoke about the Great Streets BTV standards, which compiled the various downtown studies into a cohesive plan about how the City should lay out its streets and the associated opportunities that would arise from that layout. She spoke specifically about the pivoting from College to St. Paul and Church to Main streets. She spoke about the improvements needed for Main Street, noting pavement and sidewalk issues. She also spoke about timeline, noting that this stage is the design phase. She noted that the funding for this would be coming from the Downtown TIF District.
Councilor Shannon asked if any part of this project was put forth in the capital bond request. Senior Engineer Wheelock replied that no, it was not included in the bond. She noted that four of the six blocks already have VEPC approval.
Councilor Mason asked for clarification about which blocks have approval and from where. Senior Engineer Wheelock noted that the four upper blocks have VEPC approval and that the middle two blocks have voter authorization.

VOTING: unanimous; motion carries.

7.07 Ordinance: B.C.O - OFFENSES AND MISCELLANEOUS PROVISIONS Sections 21-28 Use of buildings by disorderly persons, 21-33 Prostitution, and 21-34 Keeping house of prostitution (Councilors Freeman, Ordinance Committee)(2nd reading)

MOTION by Councilor Mason, SECOND by Councilor Hanson, to waive the second reading and adopt the ordinance as amended.

DISCUSSION:

Councilor Mason outlined the amendments made by the Ordinance Committee.
Councilor Barlow asked if prostitution would still be subject to State law. City Attorney Richardson confirmed this, noting that state statute would still apply.

VOTING: unanimous; motion carries.

7.75 Resolution: Raising The Authorized Sworn Headcount Of The Burlington Police Department Per The Recommendation Of The Full Operational And Functional Assessment By CNA And A Plan For Reviewing All Recommendations In The Report (Councilors Shannon, Barlow, Dieng)**was item 7.10**

MOTION by Councilor Shannon, SECOND by Councilor Dieng, to waive the reading and adopt the resolution.

DISCUSSION:

Councilor Shannon said that the CNA report is the basis of this resolution. She noted that the Police Department has not increased in size even though it has taken on additional duties. She acknowledged that there are better ways to provide social services and supports than the police and the City is working toward that. She noted that the resolution proposes adopting a head count for police that is at the upper end of the recommended range (80 officers).

MOTION by Councilor Hanson, SECOND by Councilor Magee, to suspend the rules and complete the deliberative agenda.

VOTING: unanimous; motion carries.

DISCUSSION CONT’D:

Councilor Hightower clarified that the CNA report did not reference a cap of 88 officers, which has been cited as a figure in some media communications around it. She also noted that the report recommended four officers at the Airport instead of eight, which would need to be negotiated in the BPOA contract. She said that the resolution is lacking detail in terms of timeline. She said that going for the lower range in negotiations with the BPOA may be a better strategy than allowing the upper end of the range. She agreed that the domestic violence officer be maintained.
Mayor Weinberger said that the administration is supportive of the CNA report. He clarified that the CNA report recommended between 85-88 officers, which include officers at the airport. He said that the requirement for eight officers at the airport is not a result of the BPOA contract but federal requirements from the FAA. He said that an option that could be explored is to decouple the officer counts for the City and the Airport.

MOTION TO AMEND by Councilor Hightower, SECOND by Councilor Hanson, to amend the resolution with the following:

Lines 12-15: strike “confirming the good work of our police department’s practices and standards”, replace “others, and providing recommendations to practices” with :practices and standards”, and strike “many of which will take time to review, evaluate, and implement; and”
Delete lines 27-29
Delete lines 34-38
Line 48-49: replace “80” with “81”, replace “exclusive” with “inclusive”, strike “8”, strike “that are contractually”
Lines 54-58: modify the resolved clause to read: “BE IT FURTHER RESOLVED, that the Council’s Public Safety Committee in collaboration with the Police Commission and the Administration, engage in a collaborative and full review of the Report over the course of the next several months that will include stakeholder and broad community input with an initial report back to the full Council in January 2022 on progress made toward evaluating and offering recommendations to”
Line 60: strike “increased”, replace “80” with “81”, strike “(exclusive of officers at BIA)”
Add a new resolved clause that reads “BE IT FURTHER RESOLVED, that the Council requests that the Administration provide a financial analysis comparing the costs of a fully staffed department with a sworn officer cap of 105 to a fully staffed department with a sworn officer cap of 81, as well as the projected costs of the CSOs, CLSs, and CAHOOTS model.”

DISCUSSION OF AMENDMENT:

Councilor Mason expressed concern that the amendments assume that the FAA will allow a decrease of officers at the airport from eight to four. He expressed support for a higher increase in officers.
Councilor Hanson said that the conversation should focus on issues other than the cap on police officers, which is just one component of the overall issue at hand. He expressed support for focusing on the number of sworn officers patrolling Burlington and setting aside the airport officer levels issue for now.
Councilor Barlow said that the morale at the Police Department needs to be addressed and improved.
Councilor Paul said that the officers at the airport are not engaged in community policing and should not have been counted in the authorized headcount in the first place. She said it may be a good approach to create a separate line item in the budget for the police staffing the airport, as the airport pays for them and they are not performing community policing duties in the City itself.
Councilor Dieng said that the City needs to focus on maintaining its current officers and attracting additional officers to Burlington.
Councilor Shannon asked if the lower headcount could be implemented while maintaining officers for CUSI and domestic violence issues. Director Green replied that the report says that the workload could be supported by one CUSI officer and one domestic violence officer, and that the recommendations include a range of officer staffing levels. Councilor Shannon said that CUSI has expressed concern with cutting staffing levels.

MOTION TO AMEND by Councilor Hanson, SECOND by Councilor Magee, to amend the following:

Lines 48-49, to read: “Up to an authorized headcount of 77 officers, exclusive of the officers that are contractually assigned to Burlington International Airport”
Line 60, to read: “sworn headcount of 77 officers, exclusive of officers at BIA”

DISCUSSION OF AMENDMENT TO THE AMENDMENT:

Councilor Dieng asked for justification for this amendment. Councilor Hanson replied that the CNA report takes into account the officers at the Airport, but that the current debate should focus on the non-Airport officers.
Mayor Weinberger said he agrees with separating the airport officer staffing question from the rest of the debate. He said he does not agree with a reduction to 77 officers.
Councilor Shannon pointed out that staffing estimates were derived using a 12-hour shift for efficiency, though that is not currently how staffing is structured at the BPD.

VOTING ON AMENDMENT TO THE AMENDMENT (by roll call): Councilor Barlow – nay, Councilor Carpenter – nay, Councilor Dieng – nay, Councilor Freeman – aye, Councilor Hanson – aye, Councilor Hightower – aye, Councilor Mason – nay, Councilor Paul – nay, Councilor Magee – nay, Councilor Shannon – nay, Councilor Stromberg – aye, City Council President Tracy – nay (4 ayes, 8 nays); motion fails.

MOTION TO DIVIDE THE QUESTION by Councilor Hightower, SECOND by Councilor Hanson, to divide the question between:

The whereas and resolved clause (54-58) and new resolved clause, and
Lines 48-49, Lines 60;

VOTING TO FURTHER DIVIDE THE QUESTION (by roll call): Councilor Barlow – nay, Councilor Carpenter – aye, Councilor Dieng – aye, Councilor Freeman – aye, Councilor Hanson – aye, Councilor Hightower – aye, Councilor Mason – nay, Councilor Paul – aye, Councilor Magee – aye, Councilor Shannon – aye, Councilor Stromberg – aye, City Council President Tracy – aye (10 ayes, 2 nays); motion carries.

MOTION TO DIVIDE THE QUESTION by Councilor Paul, SECOND by Councilor Carpenter, to divide the question between:

The whereas and new resolved clause
Lines 54-58
Lines 48-49 and Lines 60;

VOTING TO FURTHER DIVIDE THE QUESTION (by roll call): Councilor Barlow – aye, Councilor Carpenter – aye, Councilor Dieng – aye, Councilor Freeman – aye, Councilor Hanson – aye, Councilor Hightower – aye, Councilor Mason – aye, Councilor Paul – aye, Councilor Magee – aye, Councilor Shannon – aye, Councilor Stromberg – aye, City Council President Tracy – aye (12 ayes, 0 nays); motion carries.

VOTING ON FIRST QUESTION (by roll call): Councilor Barlow – nay, Councilor Carpenter – nay, Councilor Dieng – nay, Councilor Freeman – 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, 6 nays); motion fails.

VOTING ON SECOND QUESTION (Lines 48-49, Line 60): Councilor Barlow – nay, Councilor Carpenter – nay, Councilor Dieng – nay, Councilor Freeman – 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, 6 nays); motion fails.

VOTING ON THIRD QUESTION (Lines 54-58): Councilor Barlow – aye, Councilor Carpenter – aye, Councilor Dieng – aye, Councilor Freeman – aye, Councilor Hanson – aye, Councilor Hightower – aye, Councilor Mason – aye, Councilor Paul – aye, Councilor Magee – aye, Councilor Shannon – aye, Councilor Stromberg – aye, City Council President Tracy – aye (12 ayes, 0 nays); motion carries.

DISCUSSION OF RESOLUTION AS AMENDED:

Councilor Magee said that the police department has not made a serious effort to change training practices or roll back how they respond to low-level crime. He expressed concerns that the resolution as amended does not support what the Council voted on in June 2020.

MOTION TO AMEND by Councilor Shannon, SECOND by Councilor Dieng, to amend the resolution on Lines 49 and 60 to replace “80” with “79”.

VOTING ON AMENDMENT: Councilor Barlow – aye, Councilor Carpenter – aye, Councilor Dieng – aye, Councilor Freeman – nay, Councilor Hanson – nay, Councilor Hightower – aye, Councilor Mason – aye, Councilor Paul – aye, Councilor Magee – nay, Councilor Shannon – aye, Councilor Stromberg – aye, City Council President Tracy – aye (9 ayes, 3 nays); motion carries.

VOTING ON RESOLUTION AS AMENDED: Councilor Barlow – aye, Councilor Carpenter – aye, Councilor Dieng – aye, Councilor Freeman – nay, Councilor Hanson – nay, Councilor Hightower – aye, Councilor Mason – aye, Councilor Paul – aye, Councilor Magee – nay, Councilor Shannon – aye, Councilor Stromberg – aye, City Council President Tracy – nay (8 ayes, 4 nays); motion carries.

7.08 Resolution: City Council Endorsement Of The Burlington Police Commission's City-wide Mental Health Summit (Councilors Tracy, Hightower, Magee, Carpenter, Mason, Paul, Dieng, Stromberg, Hanson, Barlow, and Shannon)

MOTION by Councilor Paul, SECOND by Councilor Hightower, to waive the reading and adopt the resolution as amended:

Line 52: add “the State of Vermont Agency of Human Services”

DISCUSSION:

Councilor Paul said that this resolution is the Council’s endorsement of the Police Commission’s proposal for a mental health summit to develop a system of care. She said that it could potentially evolve into a series of collaborations modeled after the CommStat program.

VOTING: unanimous; motion carries.

7.09 Resolution: Police Oversight And Accountability Authorities To Police Commission To Alter The Police Disciplinary System (Public Safety Committee)

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

DISCUSSION:

Councilor Paul said that this resolution came about after the Mayor’s veto of the charter change on community oversight of the police. She said that independent oversight offers a safe space for citizens and that truly effective oversight improves officers’ relationships with the community. She said that effective oversight is a crucial component for the community as a trust-building mechanism. She said that the Police Commission has conducted oversight training with NACOLE. She said that the resolution would delegate oversight of the police.

MOTION TO AMEND by Councilor Paul, SECOND by Councilor Hanson, to amend the resolution to include:

Line 106 – Be it further resolved that the City Council task the Charter Change Committee to hold meetings allowing for community and stakeholder input with the question of moving disciplinary authority from the Chief of Police to a body that is independent from the Burlington Police Department and ask that language to do so be referred back to the Council in time to allow the Council to place such a charter change consideration on the March 2022 ballot, if the Council so chooses.”

DISCUSSION OF AMENDMENT:

- Councilor Shannon asked whether the Police Commission could become that independent body. Councilor Paul replied that most of the public would not think that the Police Commission is independent from the Police Department. She said that it would need to be addressed through discussion by the Charter Change Committee. Councilor Shannon stressed the importance of having an independent but also unbiased body.
- Councilor Hanson said that in order to have genuine oversight there needs to be a charter change to allow an independent body to oversee the police.
- Mayor Weinberger said he is supportive of work at the Charter Change Committee as long as the administration can be involved.
- Councilor Hightower says she is supportive of bringing this work to the Charter Change Committee.

MOTION TO AMEND by Councilor Barlow, SECOND by Councilor Shannon, to add “that may include the Police Commission” to the third line of the amendment language.

VOTING ON AMENDMENT TO THE AMENDMENT (by roll call): Councilor Barlow – aye, Councilor Carpenter – aye, Councilor Dieng – aye, Councilor Freeman – nay, Councilor Hanson – aye, Councilor Hightower – nay, Councilor Mason – aye, Councilor Paul – aye, Councilor Magee – nay, Councilor Shannon – aye, Councilor Stromberg – nay, City Council President Tracy – nay (7 ayes, 5 nays); motion carries.

VOTING ON AMENDMENT AS AMENDED: unanimous; motion carries.

DISCUSSION ON RESOLUTION AS AMENDED:

Councilor Freeman said that this resolution as amended does not move the City in the right direction and will not lead to fundamental change.
Councilor Magee said that he would be supportive of a more community-controlled model.

VOTING ON RESOLUTION AS AMENDED (by roll call): Councilor Barlow – aye, Councilor Carpenter – aye, Councilor Dieng – aye, Councilor Freeman – nay, Councilor Hanson – aye, Councilor Hightower – aye, Councilor Mason – aye, Councilor Paul – aye, Councilor Magee – nay, Councilor Shannon – aye, Councilor Stromberg – aye, City Council President Tracy – aye (10 ayes, 2 nays); motion carries.

7.10 Resolution: Raising The Authorized Sworn Headcount Of The Burlington Police Department Per The Recommendation Of The Full Operational And Functional Assessment By CNA And A Plan For Reviewing All Recommendations In The Report (Councilors Shannon, Barlow, Dieng)**Now item 7.75**

8. COMMITTEE REPORTS

8.01 Verbal Reports

None at this time.

9. CITY COUNCIL – GENERAL AFFAIRS

9.01 Verbal Reports

None at this time.

10. CITY COUNCIL PRESIDENT – COUNCIL UPDATES

10.01 Verbal Reports

None at this time.

11. MAYOR – GENERAL AFFAIRS

11.01 Verbal Reports

None at this time.

12. ADJOURNMENT

12.01 Motion to Adjourn

MOTION by Councilor Dieng, SECOND by Councilor Magee, to adjourn the meeting.

VOTING: unanimous; motion carries.

The City Council meeting adjourned at 12:53 AM.

RScty: AACoonradt