City of Burlington, VT

BURLINGTON CITY COUNCIL

CITY HALL, CONTOIS AUDITORIUM *OR*

REMOTE MEETING WITH CALL-IN

BURLINGTON, VERMONT

MINUTES OF MEETING

November 7, 2022

MEMBERS PRESENT: Karen Paul

Joan Shannon

Ali Dieng

Sarah E Carpenter

Perri Freeman (via Zoom)

Zoraya Hightower

Mark Barlow

Joe Magee

Gene Bergman

Ben Traverse

OTHERS PRESENT: Miro Weinberger

Katherine Schad

Stephen Ellis

Jordan Redell

Lori Olberg

Megan Tuttle

Nancy Stetson

Lacy-Ann Smith

Chapin Spencer

Philip Peterson

Will Clavelle

Kara Alnasrawi

Clare Wool

Nathan Lavery

Kyle Clauss

Kim Carson

Kim Sturtevant

Hayley McClenahan

Celia Bird

Jennifer Tomczak

1. CALL TO ORDER and AGENDA

1.01 Motion to amend/adopt agenda

The meeting was called to order by City Council President Paul at 5:09 PM.

MOTION by Councilor Carpenter, SECOND by Councilor Magee, to amend/adopt the agenda as follows:

add to the consent agenda item 7.06 Communication: Christina LaClair, re: The constant eyesore of graffiti wrecking the landscape of Burlington.

VOTING: unanimous; motion carries (Councilor Dieng, Councilor Hightower absent for vote).

2. WORK SESSION ON REDISTRICTING

2.01 Map Options for November 7 Redistricting Work Session

Director Tuttle provided a recap of the previous Council conversation and actions around redistricting. She said that at the previous meeting, a motion was made to develop an 8-ward map option with 4 districts. She noted that the package of maps provided tonight presents 4 different approaches to considering an 8-ward map, each of which prominently focus on how to treat the on-campus population, recognizing their outsized impact on any ward map due to their high-density nature. She said that each results in a different outcome in terms of the number of on-campus students in each ward. She noted a 5^th map, which has tried to keep any ward’s on-campus student population to less than 50% of the ward’s total population.

Senior Analyst Stetson walked through each of the map options, showing how the on-campus population shifts between each of them. Director Tuttle noted that each of the options are within the 10% allowable deviation. She noted that the options that keep the student population to less than 50% are the Ward 8 to Central Hill V2 map, the Ward 8 with UVM Main Campus and Some Champlain map. Central Hill, North Hill, Downtown.

The Councilor discussed the Central Hill maps. City Council President Paul said that the goal of the Central Hill maps was a laudable one, but said that it doesn’t have the contiguous look and goal that they had been striving for, and would not be in support of them. Councilor Barlow agreed, saying that those specific maps look like the maps that the City currently has. Councilor Bergman said that the Central Hill maps do deal with issues around Ward 1, and that they make the most sense for the long-term composition of Ward 2. Councilor Carpenter reminded the Council that Ward 8 was created during the last redistricting period.

The Council discussed the Downtown map. Councilor Barlow expressed support for the map, since it addresses the objective of revising the downtown ward and almost keeps the on-campus population to less than 50% of the ward’s total population. Councilor Bergman said he supports this map the least. Councilor Traverse said that this addresses a number of concerns, though acknowledged concerns around the changes to the Old North End wards in this map.

The Council discussed the North Hill maps. Senior Analyst Stetson said that the North Hill versions 1 and 2 maps are relatively similar, though they treat the Athletic Campus differently and they both slightly shift some of the student population to Ward 6. Mayor Weinberger noted that Ward 8 constituents have signaled that they would be more in support of the North Hill maps than other alternatives. Councilor Bergman spoke about the cemetery near Hyde Street, and suggested putting that area back in Ward 1. City Council President Paul said she can’t support a map that gives any ward an on-campus student population that is more than 50% of its total population. She said that the Ward 8 Map with UVM Campus and Some Champlain achieves that goal. Councilor Bergman said that this map is not good for Ward 1 in that it guts its historic boundaries. Councilor Traverse said that his preference is for a map that looks more like the Central Hill maps than the North Hill maps. He said that the direction that the Council goes depends on whether they want to perpetuate the problem that was created with Ward 8.

Councilor Shannon said that she can’t support the Central Hill maps because they are not fair.

Councilor Barlow said he would be in support of the North Hill maps. He said he understands what the UVM Campus and Some Champlain map is trying to do (apportion students), but that does lead to irregularities in shape and a somewhat gerrymandered approach.

Councilor Traverse said he would be in support of the North Hill maps. He said that the two wards impacted the most by those maps are Ward 1 and Ward 8, which do not have representation at tonight’s City Council meeting, so he has some level of discomfort in moving forward with those maps without that representation and input. He said it is also important to consider the ward configuration in the context of each of the districts as well.

Councilor Traverse said that he could proceed with a North Hill map, but is concerned about the large shift in the student population to Ward 6. Councilor Shannon said that there should be consideration for off-campus housing as well as on-campus housing. She said that each of the three North Hill maps has potential, but is not sure which one rises to the top for her.

City Council President Paul said that if they move forward with North Hill maps, it would be important to understand what tweaks Councilors would like to make to get to a finalized version of a map. She said that they will move forward with this option and further refine it at the November 21^st City Council meeting.

3. COMMUNICATIONS

3.01 Lacey-Ann Smith, Community Outreach Supervisor, BPD, Steven Berbeco, Director, Mental Health Initiative, United Way, Scott Pavek, Substance Use Policy Analyst, CEDO, re: Mental Health Summit Synopsis and Report (20 mins.)

Community Support Supervisor Smith began by noting that she provides supervision for the Community Support Liaisons (CSLs) and the Community Service Officers (CSOs). She said that the City convened a two-day summit in August that included 60+ participants in the mental health system. She said that the main objectives were to define the role of the City in the mental health system from the community’s perspective and improving the effectiveness of the mental health system. She said that the summit also tried to acknowledge and address the challenges and gaps in the system. She said that one gap identified is diversity of voice, in that some of the main provider representatives are from the local Designated Agency (the Howard Center), even though there are more local perspectives that could be leveraged.

Councilor Shannon asked if there is increasing violence and risk to providers in the mental health system when compared to past years, and asked what could be the drivers of that increase, if there is one. Community Support Supervisor Smith replied that there is always tension when replacing officers with civilians, especially if there is a workforce shortage where officers do not have the bandwidth to provide support to the civilian workers when responding to the highest levels of crisis. She also spoke to the difficulty of seeking services from mental health agencies during a health system-wide workforce shortage.

Councilor Dieng asked if this report has been submitted to the City’s Board of Health. Community Support Supervisor Smith replied that it has not yet been shared with them, but that she could pass it along. Councilor Dieng said it will be important to work collaboratively with surrounding communities, and that it also requires funding for any initiatives that come out of the summit.

Councilor Magee said that it would be important to stand up a local group to discuss issues around mental health and gaps in services, especially given that the legislative session will be starting in several months, and that is the arena in which funding priorities for these initiatives will be decided.

3.02 North Winooski Avenue Parking Management Plan Update - DPW (15 mins.)

Director Spencer provided an update on the North Winooski Avenue Parking Management Plan, which resulted from a scoping study conducted on North Winooski Avenue. He said that they are planning to phase the work and employ a multi-prong strategy to limit the impact of the loss of 40 parking spaces. Public Works Engineer Peterson said that they have worked with the Transportation, Energy, and Utilities Committee (TEUC) on allocating transportation demand management seed funding. He said that they are also exploring opportunities to increase parking and are getting an understanding of the parking needs on the Avenue. Director Spencer said that they are also working on developing shared parking resources on the Avenue. He emphasized that continued outreach will be critical, since there is still strong concern from businesses in the Old North End on the impacts of the loss of parking.

Councilor Barlow asked for additional context around some of the off-street parking opportunities that the City is exploring. Director Spencer replied that they are reaching out to every business or property-owner that has substantial parking that could be used in off-peak times, such as Vermont Legal Aid, Champlain Housing Trust, and others. He said that the City has pledged to develop a turnkey program to develop and manage shared off-street parking for businesses.

4. PUBLIC INFORMATIONAL HEARING REGARDING AUTHORIZATION TO ISSUE GENERAL OBLIGATIONBONDS TO BUILD NEW HIGH SCHOOL AND TECHNICAL CENTER

4.01 Public Informational Hearing Regarding Authorization To Issue General Obligations Bonds To Build New High School And Technical Center

City Council President Paul opened up the discussion for any questions or comments.

Councilor Carpenter noted that the commercial tax rate, which is set by the State, will not be affected or impacted by this bond. Finance Director Lavery said that the non-homestead rate is not set on the basis of any individual districts’ spending per pupil, whereas the homestead rate is. He said it is adjusted only by the local common level of appraisal, and will not be affected by the outcome of the bond vote.

5. PUBLIC FORUM

5.01 Verbal Comments

Forum opened at 7:30 PM.

COMMENTS:

Burlington residents (in person):

Todd LaCroix expressed concern about the state of the world.
Robert Bristow Johnson spoke about the creation of Ward 8 and how it was used to address the high concentration of the on-campus student population in that area of Burlington.
Rachel Margolis spoke about recent public safety concerns she has experienced in downtown Burlington.

Burlington residents (via Zoom):

Sharon Bushor spoke about redistricting and Ward 1, saying that the central section of it is made up of stable, long-term residents, who make up most of the boards and commissions, the election officials, and most of the steering committee members. She said that it seems that the City is eroding the stable population of long-term residents out of the district. She expressed concern about this.
Erhardt Mahnke spoke about redistricting and Ward 1, saying that the proposed changes would erase the stable, longer-term residents from the ward and would allow the problems of Ward 8 to proliferate.

Forum closed at 7:43 PM.

6. CLIMATE EMERGENCY REPORTS

6.01 Climate Emergency Reports

Mayor Weinberger spoke about an exciting event at the Airport last week which celebrated the installation of an innovative, compact wind turbine. He said that it has greater potential for electricity generation per square foot than solar installations. He noted that it was developed by a company that was hosted at an accelerator at the Burlington Electric Department (BED). He additionally noted that work has continued on the new thermal regulations for BED. He said he anticipates having a proposal for discussion at City Council in December.

7. CONSENT AGENDA

7.01 Motion to adopt the consent agenda and take the actions indicated

7.02 Communication: CT Office, re: Accountability List

7.03 B.E.D.'s Property /Boiler and Machinery (B&M) 2022-2023 Insurance renewal - BED

7.04 FIO Documents

7.05 Resolution: Amendment And Assignment Of Ground Lease For 300 Lake Street, Between The City Of Burlington And Waterside Apartments LP (Board of Finance)

7.06 Communication: Christina LaClair, re: The constant eyesore of graffiti wrecking the landscape of Burlington

MOTION by Councilor Magee, SECOND by Councilor Bergman, to adopt the consent agenda and take the actions as indicated for items 7.01-7.06.

VOTING: unanimous; motion carries.

7.DELIBERATIVE AGENDA

8.01 Communication: Mayor Miro Weinberger, re: Appointment of Assistant City Attorney

Mayor Weinberger spoke about Mr. Clauss’s experience, clerkships, relationship to Vermont, and achievements.

MOTION by Councilor Bergman, SECOND by Councilor Traverse, to confirm the appointment of Kyle Clauss as Assistant City Attorney.

VOTING: unanimous; motion carries.

8.02 Communication: Mayor Miro Weinberger, re: Appointment of Racial Equity, Inclusion, and Belonging Director

Mayor Weinberger spoke about Ms. Carson’s experience and qualifications for serving in this position. He spoke about the growth of the REIB department over the last several years.

MOTION by Councilor Dieng, SECOND by Councilor Magee, to confirm the appointment of Kim Carson as REIB Director.

VOTING: unanimous; motion carries.

8.03 Ordinance: CDO--PARKING Minimum and Maximum Parking Requirements and Transportation Demand Management ZA# 22-07 (Ordinance Committee) (4th reading) (20 mins.)

MOTION by Councilor Traverse, SECOND by Councilor Dieng, to refer the ordinance back to the Ordinance Committee for a report back to the City Council at its December 5, 2022 meeting.

DISCUSSION:

Councilor Traverse said that it is imperative to craft this ordinance correctly, as it is an extremely important area that impacts the entire City. He reminded those present that the Council voted to waive minimum parking requirements in the multi-modal district, and that this ordinance would propose to waive minimum parking requirements in the other two districts in the City, meaning that minimum parking requirements would be waived Citywide. He said that this ordinance would make no changes to the maximum parking requirements for the City. He said that the ordinance also outlines the requirements of the Transportation Demand Management Program, which include an outreach and education component, strategies for transportation management, a requirement that projects of a certain size engage in parking utilization studies every year for the first ten years, and a requirement that a TDM plan be submitted to the City. He noted that there have been questions around how and how much to expand TDM requirements. Director Tuttle noted that the City and its committees have been discussing how to expand TDM requirements and where those requirements would best reside.
Councilor Bergman said he supports the referral and is in favor of flexibility to developing a correct approach to the City’s transportation demand management strategies. He also emphasized the importance of transitioning away from fossil fuel-dependent transportation system.
Councilor Shannon noted comments from constituents who did not believe that minimum parking requirements should be eliminated, as doing so would remove off-street parking and put more pressure and demand on on-street parking, which in turn makes it more difficult to install bicycle lanes on streets.
Mayor Weinberger expressed disappointment that there will be further delays in this ordinance, which will in turn result in a delay in much-needed housing being built.

VOTING: unanimous; motion carries.

8.04 Board of Health: Resolution on the Prevention of Gun Violence (15 mins.)

Celia Bird, Chair of the Board of Health, introduced the resolution on prevention of gun violence to the City Council. Jennifer Tomczak outlined the components of the resolution. She noted that it describes the human and economic toll of gun violence in the country and how gun violence has risen dramatically in the last decade. She said that the resolution recommends that the Vermont legislature recognize the right of Burlington citizens to enact firearm laws to protect themselves, suggests meaningful public health steps to prevent gun violence, and suggests the creation of an office of gun violence prevention to coordinate initiatives around prevention. Celia Bird said that the resolution should be used as a public health framework to address gun violence.

MOTION by Councilor Magee, SECOND by Councilor Dieng, to refer it to the Public Safety Committee.

DISCUSSION:

Councilor Traverse said that the City’s current tools are too limited to prevent gun violence within the community, and said he looked forward to further work on this.
Mayor Weinberger expressed support for pursuing action in Montpelier around gun violence prevention. He expressed frustration at the current lack of authority at the local level to enact certain prevention measures, such as safe storage.
Councilor Carpenter suggested sharing this resolution with colleagues in other Vermont communities.

VOTING: unanimous; motion carries.

8.05 Hearing Regarding Orlando's Bar and Lounge Outdoor Entertainment Permit (30 mins.)

Holli Bushnell, the complainant, was sworn in. She briefly outlined her complaint, which is that Orlando’s Bar and Lounge has been violating their permit hours. She said that though Orlando’s has improved in ceasing to play music after permit hours, it continues to be extremely loud after permit hours. She noted that she is not the only individual who has issues with Orlando’s, citing complaints from her neighbors. She pointed out that the entertainment permitted at Orlando’s was started as part of the Covid-19 support to businesses.

Thea Lewis, a witness and owner of Queen City Ghost Walk, spoke about an experience where she was operating a tour in the right-of-way and was told by someone from Orlando’s that she was trespassing on private property. She said that the noise levels of the music coming from the right-of-way at Orlando’s has also made it difficult for her to lead her tours.

Branden Mossman, the defendant, delivered a rebuttal. He said that he has a permit to operate his business. He said that his business provides live music to Burlington and has built his brand on the availability of a patio (due to restrictions and health concerns during Covid-19). He pointed out that the right-of-way is private property and that there is an agreement among the businesses that share that space. He said that his business should be given the same opportunity as every other business in the downtown Burlington district. He said that if the City pulls the outdoor entertainment permit for Orlando’s, it will severely impact (and likely end) his business.

Joshua West, a witness and musician, spoke on behalf of musicians who perform at Orlando’s. He spoke about how the pandemic caused many hardships for artists and businesses, but that Orlando’s was able to remain open and provide an opportunity for musicians to perform.

Rebuttal was heard from Ms. Bushnell. She stated that Mr. Mossman cited 11 PM as the cutoff time for events, but she stated that it is 11 PM on Friday and Saturday nights but 10 PM on all other nights. She noted that the dates she cites as problematic are when a band’s encore begins after 11 PM, which violates the conditions of their permit.

Rebuttal was heard from Mr. Mossman. He said that he did not request the hours on the permit, but requested later hours (which were consistent with other similar businesses in the Downtown district).

Councilor Carpenter asked whether Mr. Mossman has a manager or other staff person on site to ask bands to stop playing at the end of the permitted time. Mr. Mossman replied that they have a sound technician and a doorman who are in charge of the patio. He said that bands don’t tend to go past the permit cutoff. He reemphasized that Orlando’s should be given the same opportunity as other similar businesses in Burlington, since other similar businesses on Church Street are allowed to have live music until 2 AM.

Councilor Barlow asked Mr. Mossman if there are ways that he could be more proactive about ending on time, within the limits of his current permit. Mr. Mossman replied that these are live bands and he should be given the same opportunities as other similar businesses and should be given the same hours as other similar permits.

Councilor Traverse asked Mr. Mossman if he plans on shutting down the patio for the winter season. Mr. Mossman replied that the patio has been shut down for about a month already. He said that they plan to reopen the patio in the springtime.

Councilor Shannon asked Mr. Mossman about the sound remediation activities that were discussed in the summer of 2021. Mr. Mossman replied that he came before the board for an extended time permit and said that if he were granted an extended permit he would invest funding for a sound board and sound board treatment, but noted that he was ultimately denied an extended permit. He noted that they have purchased a digital sound system that better controls the volume to ensure that they remain within certain decibel levels.

Councilor Bergman asked when Orlando’s will resume outdoor music in the spring. Mr. Mossman replied that they will resume outdoor entertainment in April.

Councilor Dieng asked about the next steps once the hearing is closed. City Council President Paul replied that they will go into a deliberative session and will issue a written decision to the parties within 30 days. Councilor Dieng asked why the License Committee did not grant the business an equitable time limit, consistent with other similar businesses in the area with outdoor entertainment permits. Councilor Shannon replied that there was a complaint in August of 2020 against Orlando’s, as well as a complaint in October 2020. Councilor Dieng asked Mr. Mossman about the individual City Councilor who conducted a site visit and investigation at Orlando’s. Mr. Mossman replied that it was during the summertime and that Councilor Shannon visited the establishment as the result of a complaint.

8.06 Ordinance: Chapter 14. Solid Waste--Article 1. In General -- Update of Solid Waste & Recycling Requirements Re Separation, Storage, and Collection (Department of Public Works; Department of Permitting & Inspections; Ordinance Committee)(2nd reading) (10 mins.)

MOTION by Councilor Traverse, SECOND by Councilor Magee, to waive the reading and adopt the ordinance as amended by Ordinance Committee.

DISCUSSION:

Director Spencer said that DPW worked with the Ordinance Committee to work on several issues, such as wind-blown litter that comes from open bins and injuries sustained by employees when trying to lift bins. He said that the main item in the ordinance is to require recycling toters, to go into effect on May 1, 2023.
Councilor Traverse noted other concerns from constituents with mobility concerns, which are addressed in the ordinance. He also noted additional language in the ordinance that the City would replace toters if they are damaged beyond repair from normal use (to address concerns about toters being damaged by snow plow or removal operations).

VOTING: unanimous; motion carries.

8. COMMITTEE REPORTS

8.01 Verbal Reports

Councilor Bergman noted that the Charter Change Committee will be bringing back three charter changes to the Council (pertaining to all legal residents voting in local elections, flexibility in the siting of polling places, and ranked-choice voting).

Councilor Magee said that the Public Safety Committee met last week and made plans to discuss the draft CNA recommendations report. He said that they will continue that discussion for several meetings, and will discuss timelines, progress made to date, and what work remains. He said that at the next meeting they will also discuss the gun violence prevention resolution.

Councilor Traverse said that the Ordinance Committee will meet on November 22 at 4:30 PM and will hear an ordinance regarding vacant buildings, as well as TDM and minimum/maximum parking requirements.

Councilor Dieng said that the Racial Equity, Inclusion, and Belonging (REIB) Committee will meet on November 15 at 5:30 PM and will welcome Director Carson as well as discussing creation of the REIB Commission. He said that they will also hear updates on strategy.

Councilor Shannon said that the Parks, Arts, and Culture Committee will meet on November 30 at 5:00 PM and will discuss safety in Burlington’s parks.

9. CITY COUNCIL – GENERAL AFFAIRS

9.01 Verbal Reports

None at this time.

10. CITY COUNCIL PRESIDENT – COUNCIL UPDATES

10.01 Verbal Reports

City Council President Paul noted that one individual has expressed interest in the Reparations Task Force and asked that if Councilors have other individuals in mind, they should bring those suggestions forward. She also noted that there will be a working session soon to discuss alternatives to BoardDocs.

11. MAYOR – GENERAL AFFAIRS

11.01 Verbal Reports

Mayor Weinberger said that this Friday, the VFW will host an event to celebrate Veterans Day at Battery Park. He also noted that the BTV Winter Market will be returning to City Hall Park with an expanded footprint and more than 20 vendors.

12. ADJOURNMENT

12.01 Motion to Adjourn

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

VOTING: unanimous; motion carries.

The City Council meeting adjourned without objection at 10:16 PM.

RScty: AACoonradt