 Council at 6 13 would you please all join stand and join with me in resigning the Pledge of Allegiance First item on the agenda is the agenda Councillor no doubt President right I move that we amend and adopt our agendas follows note additional documents for agenda item 5.01 Compensation hearing for Champlain Parkway Per Susan Moles on note revised version of agenda item 5.03 Resolution March 5th 2019 annual city meeting Charter changes to strengthen and restructure downtown improvement district charter change committee per city attorney's office So there's a revised version of that. Okay note written material for agenda item 5.06 Resolution ratification of tentative agreement and authorization to execute collective bargaining agreement between the city of Burlington and Asked me for the period starting July 1st 2018 and ending June 30th 2022 Board of Finance per city attorney's office Seconded by Councillor Bush or is there any discussion? Hearing none all those in favor of the agenda as amended by Councillor no doubt. Please say aye Any opposed? We have our agenda We now will bounce ahead on the agenda to item 5.01 Which is a compensation hearing on the Champlain Parkway the city council is holding this compensation hearing to determine the compensation to which The affected owners of the property interest acquired in the council's June 6th 2018 necessity order are entitled The purpose is to determine damages which the law defines as the value for most reasonable use of the property or right in the property and Of the business on the property and the direct Approximate decrease in the value of the remaining property or right in the property and the business on the property We added value if any to the remaining property or right in the property Which accrues directly to the owner of the property as a result of the taking or use as Distinguished from the general public benefit shall be considered in the determination of damages With that we will hear from the city and I think we are also hearing from V trans is that correct? Okay, so norm Baldwin will kick this off for us, and I'm sorry norm. Can you make sure you use the microphone? Probably need to pull a little bit closer than that. Okay so Thank you mayor and members of council for allowing the opportunity to represent the Champlain Parkway at this compensation hearing With us tonight is the city team Chapin Spencer Director of Public Works who's in Moles on Champlain Parkway Municipal Project manager Richard Hessler assistant city attorney And supporting legal counsel from Duck Hill Saunders Jonathan Rose Included in that team is our civil engineering team Dale Dale Galzakowski And then represented from V trans Phil Carter It's right here, so What you should have received in the packet is a number of Communication for myself, but also and Phil as well as a number of exhibits one through nine just to confirm that you receive that The communication that you receive from both Phil and I has been updated and was posted today In December 17th 2018 so you should have that in hand as well I guess what I want to do is to go through the process of the The method I guess how this all fits with necessity itself so as you're aware this past summer the council made a necessity determination that Establish what properties would be taken in what property rights would be necessary to complete the project and in that As that has advanced we've also had many conversations with members of the public who are Our have property rights taken or interested parties In doing so that list is shrunk from significantly from 12 in the summer to now really up to today of only Two two maybe really kind of three two being Go through each individual one. I think that's important for the opportunity of the members of the public to respond Evaluation Harsal 224 was listed in the memo. We get I found out as of the moment I arrived that The property owners Donald Lee and Julian Fountain had signed the agreement. So that is dropped out of the communication Harsal page four of my document Harsal 610 Group 5 investments LLC is continuing to be listed You'll see in their communications Maps that go with these necessities 614 Temporary rights As well as Are there affected property owners who would like to speak Council suggested that If there are no takers from the members of the public that we go further to a diet and explain to the council the method of evaluation And it does not appear that we have one more time any any affected property owner who would like to speak to the council Appears there is none And just identify yourself from for the record please good evening, my name is Bill Carter I work with the V trans right away office and I was asked here this evening to explain the waiver valuations which we used for for many of the parcels on this project when there is a Minnable impact to a property where there's no Taking of land or where there's no disruption to any of the commercial activities Federal Highway Administration allows us to do what they call a waiver valuation, which is where we wait for the requirement for a full appraisal report and in these cases we find that We use the grand list assessments To come up with our factors for for value for square foot and when those values based on the grand list are smaller than the fee taking and we use this method to come up with a Just compensation to the property eyes in the case of group 5 investment These are only temporary easements One of the easements is for erosion control around a drop in let There's another easement for what we call project demarcation fence, which is a fancy way of saying flagging And it's just to mark the limits of construction and then there's an easement to construct the drive and to match its Taper to the new payment. So those all of those were considered to have nominal value So they were signed a value of three hundred dollars in total Councillor Busher So I must admit I I'm I'm not sure I think I'm gonna have to have norm or somebody tell me the parcels again that were no longer Relevant but is parcel 51 f and 51 g relevant because I have a question to ask the the Person who's assessed the or determine the compensation the terrorist signed execute those agreements. I'm sorry what? Mont Braille. Yes, it's signed those agreements no longer. It's a Because I was going to try to figure out the difference between temporary and permanent easement and that Okay And then There was there are a couple of them that talk about as far as compensation there are a couple of them that talk about And you sort of referenced it A drive And it sort of well, I don't know it suggests I don't know what that really means whether that's a Whether that is a road that's going to be taken away or I didn't really understand that No, that's an existing driveway Which when the pavement is done on point street the the new pavement Will need to match the elevation of the existing driveway. So we come on to the property owners property under the drive Far enough in that we can get a good taper and match those Match the pavement up. So there's no taking of anything It's just we have to come across the right-of-way line under their property to perform that work And so their their drive will have a nice a nice transition into the new payment That helps clarify this for me. Thank you very much. Thank you councillor busher any other council any questions from the council councillor Mason, thank you No, can I just ask you to sort of speak it's my understanding there's you know of the three Sort of what I understand the process is that the trans has sort of been engaged in the reach out I think it would be helpful to the council to know whether there's been pushback or lack of response or you know sort of I mean because these seem to me like these are very temporary. We're talking hundreds of dollars here So I'm just curious if there's been pushback in the sense of not enough for if often happens No one responds. I think it's more of a case of no one's Directly responding or in one case there is diffuse decision-making and a larger organization It has to go back to the main office So what what I hear is at least of the three remaining one is agreed in principle We just don't have a signed document and the other two we've been sending what's required by statute But we simply have not received a response from the property owner. Thank you But do we still act on all three of them tonight though? Councillor Bush, sorry one more question in one of these scenarios there was a removal of some foliage and Trees etc. Is there is there compensation for that? Yes If it's on the owner's property, it's compensable if it's in the Cities right away. It's not necessarily compensable though. We often do sign the value to that Especially if it's something that's been established. It's got a lot of a lot of the sentimental value We certainly take that into consideration during the valuation All right Another just a the process point once you determine the value Have you already talked to all of the property owners about what you're going to offer? We have made the offers and we've sent out a package with Maps and explanations of easements Some of these have we didn't get a response So we don't have an opportunity to explain other than what we presented in our Documentation Thank You councillor busher Anyone else any other questions? To do have anything else to add either norm or v-trans Proceed There's a long list of various Easements that are being requested They're all you construction fans. They're all temporary in nature in a construction fence or driveway construction easements But nothing worth reading long list of From that but the value of that Dealer comm is here And once again if you can identify yourself for the record Good evening everyone. My name is Jesse Paul and the senior manager of facilities at dealer calm and right now Our legal team is still just trying to work through the last details and the only Hang-up is just the final and date. So we're working on switching that to 2022 instead of 2021 But we are fully in support of this project Thank you Any question? I think we're all set. Thank you Anything additional on that property or go to the final unless there's questions for the council. I think we're all set So then the last one to consider his processes 28, which is owned by over Lake Park 257 pine Street To driveway easements and then Anyone here from over Lake Park LLC that would like to speak to this here's not Any questions on this one from the council Or anything further from v-trans this is a similar situation before these are just nominal values There's there we're requesting to drive easements as mentioned before to transition the pavement and that that's all that's required All right. Thank you. Okay, so again no takers on the any comments from the public in regard to from over Lake so I think we are With that I think we're we ready for a motion since the three have been laid out and opportunities have had been Allowed for the public just for the affected owners to speak. We're ready for motion Counselor Jane Thank you. Thank you guys for being here and my question is basically around the process of sending them the materials And I was just wondering if in the past you had any type of communication with them. I Have we made we made offers and set packages and we didn't get These are such small impacts that that's not uncommon So it's not a problem about them not receiving the packages They we do have those receipts. They were sent certified mail So we know that they that they have been made an offer and have been made aware of the project Thank you. Thank you. Councillor Jane anyone else Hearing none So I think that we are ready now to close we will now close the necessity public hearing the compensation here, excuse me and We will I will go for it to look for a motion from councillor mason. Thank you president, right? I'd Actually direct staff. I'd like to make a motion to direct staff to prepare draft decision Determining compensation for our consideration at our January 7 2019 meeting Motion has been made by councillor mason and seconded by councillor busher any discussion on the motion Hearing none All those in favor, please say aye Any opposed that passes unanimously? I Think that we are all set with that right we now are ready for our for the next action in January Okay, thank you very much. I think that So we are going to recess the city council regular city council meeting until seven o'clock We are going to reconvene the regular city council meeting We are going to actually then recess the regular city council meeting. Oh, I need councillor And we are going to Recess the regular city council meeting in order to convene the liquor control commission meeting and I am first item on the agenda for the Commission hearing is the agenda Commissioner Dean Christian right. I'd moved to adopt our agenda Moved by Commissioner Dean seconded by Commissioner roof any discussion hearing none all those in favor of adopting the agenda Please say aye. Aye. Any opposed we have our agenda item number two is the consent agenda commissioner Dean Yes, I'd like to move that we adopt the consent agenda taking the actions as indicated Moved and seconded by Commissioner roof again any discussion on the consent agenda Hearing none all those in favor of passing the consent agenda and taking the actions indicated please say aye I opposed and we that passes unanimously Item number 2.02 is an outside consumption permit Expansion that's part of the consent agenda. Oh, I'm sorry three point. I have not moved ahead to the deliberative Deliverative is item 3.01 a first-class restaurant bar liquor license application for Georgia Georgia Rose Commissioner Dean. Thank you commissioner right. I would move approval of the 2018 2019 first-class restaurant bar liquor license application for Georgia Rose LLC doing business as Burlington paint and sip studio 29 Church Street with the following conditions Contention put on upon fire marshal approval and all standard conditions Thank You commissioner Dean. Is there any discussion? Hearing none all those in favor please say aye. Aye. Any opposed Hearing none. We have unanimously passed that liquor license application Item 3.02 is a second-class store lice liquor license application from aviation deli group Commissioner Dean. Thank you commissioner right. I move approval of the 2018 2019 second-class Store liquor license application for aviation deli group incorporated doing businesses campus kitchen 273 Colchester Avenue with the following conditions complete record checks proof of DLC seminar training contingent upon fire marshal approval and all standard conditions Moved and seconded by counselor commissioner roof again any discussion Hearing none all those in favor of this liquor license application, please say aye. Aye. Any opposed Hearing none. We have unanimously approved that liquor license application for campus kitchen Commissioner Dean motion to adjourn Commissioner Dean has moved to adjourn seconded by counsel roof any discussion hearing none all those in favor of adjournment Please say aye. Any opposed and we have finished with the liquor control commission meeting and I will with that reconvene the regular city council meeting at 713 and We have already Addressed our agenda, so we'll go back to the regular agenda and the second item is comments by by me and So it'll just this is just going to be very brief. I just really want to talk about a little bit. Thank you I really just want to talk a little bit about the last meeting When I left the meeting that night, I just did not feel good And I and I include myself in that in that discussion I'm responsible for how these meetings run and I think that we collectively just did not put our best foot forward for the public I think that is that is really critical for us And I want to make clear that I am in no way trying to limit really good passionate debate Vigorous debate that is that is needed here and we want to always have that but I also think that at a time that We see what's going on in Washington with the president that Anger around the country is palpable about what we're seeing from our president Polarized politics in Washington. I think that we we need to do better than that and what we're seeing coming out of Washington And again, I take my own responsibility for the for the running of the meeting at the end and my own shortcomings But I think that in regard to that we all need to think to ourselves The rules are important It does not mean that rules can't be bent and they will be bent I'm not going to sit for example with a stop clock, you know and say if someone went over five minutes And they're at five minutes 15 seconds and I know counselor Bush was giving me a little glare here That I'm going to cut in and say hey your time's up at five minutes and 15 seconds or something But we the rules can be bent, but we they can't be totally broken and then and It's it's important that we do follow the rules as closely as we can and and still have good passionate and vigorous debates a counselor tonight just reminded me of one of my mistakes and that is that Want to remind counselors also that when you're responding to another counselor Please try to direct it through the council president I mean I've been in this position before and I'm sure I've done the same thing where I've Directly spoken to the counselor rather than go through the council president. It's an easy mistake to make I didn't correct that when that happened once or twice and again That's that's on me. So really those are just I really wanted to sort of set the tone for going forward that Let's all just think to ourselves that how we can look the best way we can to the public and And I'll respect each one of our colleagues as people that really care about this city and want to do what's right for our city With that I think I've said more than enough That is item number two and number three is the public forum and that's time starting for 7 30 So we are actually I warned people that we were going to move ahead to A little further in the agenda, I'm going to go to committee reports Toward the end of the agenda any committee chair who would like to give us a report on committee activity or meetings that are coming up Councillor Hartnett just like to let everyone know that pack is meeting tomorrow 5 30 conference room 12 updates on Moran and Auditorium so Next steps forward anybody's interested 5 30 tomorrow at conference room 12. Thanks Thank You councillor Hartnett any other Committee chairs Chair chair no doubt President right would it be timely to give report about a special committee and absolutely yes So I'm like to fill it report on the senior center study committee That has met I think three times Councillor Hartnett is also serving and You'll recall that we created this committee to look at Improving services for seniors broadly defined across the city generally Finding ways to be effective reducing duplication, but also addressing specifically the challenges that the Heineberg senior center is currently having and We're making some good progress. I think everyone around the table is is looking at this in the spirit of collaboration and Kind of letting go of our sense of what's ours and what's yours and divisions that have existed in the past between Old North and and new North ends Senior centers, so I I'm very hopeful and we we're going we are going to be late though on our report back But we will be as timely as we can with our report present Thank You councillor Nodell better to get a good report then better to do that than be on time I think Though we appreciate both, but any other committee chair who would like to report on committee activity for us All right hearing none we will close item number six and go to item number seven because we're still ahead of time and That is city council on general city affairs any councillor that would like to speak on general city affairs Just when we have extra time nobody wants to talk Any other time I've got there we go. Thank You councillor Jane Yes, I Wanted to take the time to express my apologies to the community of Burlington based on Tweet that I sent midnight after our council meeting next Monday And you know just stating how I felt about how the vote came down And I think it was not something that I was supposed to do I don't think that community doesn't deserve that To look into how we operate and how we do the work, you know I took my lesson I took my responsibility and Next time I would want to make sure if I have anything that is bothering me To talk to the council president to the councillors instead of sharing it with the bigger news But at the same time I would want to see us moving forward in terms of how we can work together to better serve the people of Burlington and I would like to extend also my apologies to every single councillor's here Maybe I came out from a way. I did not think Deeply clearly and I know we all deeply cared about the city and if it have to be done again. I will you know Think about it differently All right, so please the community of Burlington accept my apologies and looking forward to work with all councillors And also looking forward to serve you all. Thank you Thank you very much councillor Jang. I appreciate those comments very much Councillor Hartnett says a lot about a person that he is and it takes a big person to do that Trust me I've been in those shoes before and had to apologize many times and it's not easy and it says a lot about Councillor Dang, so I appreciate that. Thank you councillor Dang. I would like to talk about highlight Coming up here New Year's Eve. It's going to be an unbelievable celebration You know, it's gonna be hard to top, you know first night, but Burlington City Arts and Doreen have done an amazing You know just an incredible amount of time and amazing job putting this together It's going to be a wonderful event the fireworks are going to be at 8 o'clock at the waterfront before the fireworks They're going to have a fire alive fire show There's shows throughout the city old north end south end new north end It's going to be a great night in downtown Burlington. The parade is going to be bigger and better than ever And so I hope everybody is paying attention going out buying their bracelets online or down at City Arts. I've also understand you could buy that there's a bookstore Phoenix books is selling them and One other place is selling them downtown. So it's going to be a great night. I hope you come down I promise you it's going to be warmer than last year That's not too big of a promise to make. I don't think given the temperatures last year But it's going to be a great night, and I hope you all come down to Burlington and enjoy it's going to be fun. Thanks Thank You councillor Hartnett other city councillors on general city affairs Councillor Busher So this is a follow-up to what councillor Hartnett was referencing about New Year's Eve, and I Just hope that I think internal within Burlington. There's good communication But you know, I still work at the hospital and I'm going to be retiring in February So I won't be able to say that after this, but anyways, I Don't feel that a lot of the broader community knows a whole lot about this and so I'm saying that on behalf of I'm looking at the mayor even though he's not responsible for this event But I'm just trying to figure out how we can in this coming week or so get the word out to the broader Community because a lot of people are still unaware that we have an event going on And so I think it's really important that we get that out because I did I thought I was going to print out a small Little calendar from the city website. It was like 37 pages Events but so I'm Anyways, but there's a lot going on and I'm hoping that I know usually the people that watch this or the people that live In Burlington and I'm really trying to reach out to those few individuals who are in another community watching Please let your friends know and check out the website And I think that you will be pleasantly surprised at what kind of entertainment is available. Anyways, thank you Thank you. Councillor Bush or any other city councillor on general city affairs All right hearing none We will conclude that item as well and move back to the We're gonna save the mayor's till the end So he can finish the night out and I think that we have enough people lined up for public forum that I can start a few Minutes early, so I'm going to go to item number three being the public forum and Again, I have enough people lined up that it will take us quite a few minutes past the least past the 730 deadline so I'll open the public forum tonight and Again, there is a most people know but there is a time timer here the beginning the yellow light goes off You have maybe 30 a minute left and when the red light goes off you need to conclude your remarks and Again, we want to hear from the public We want to hear whatever you have to tell us Like with the council, please direct your comments through the city council president and do not Personalize comments to different city councillors with that I will open the public forum up with Albert Petrarcha to be followed by Patrick Robin and Bill Truex who will come up together Mr. Petrarcha welcome I'm gonna be using my three minutes for a quiet Private comment section Okay. Thank you very much. Mr. Petrarcha We will go next to Patrick Robbins and Bill Truex Mr. Robbins and Bill Truex are up next have a good evening. No You'll be mine there. Mr. Robbins and Mr. Truex Welcome I used to be able to finish our sentences 40 years ago and now we can't even finish our own We decide to speak together since we and and please make sure make sure you pull your microphone I'm Pat Robbins. I was Lucky to be the chair of the original committee for the marketplace in the 1974 most of you around and Then I served as the chair of the marketplace Commission for quite a number of years in the 80s and the 90s And Billy you want to say who you are? Yeah, my name is Bill Truex. I'm a retired Burlington architect and We were both Pat and I and Paul Broone were considered founders of the market for tertiary marketplace So that's for me at least the primary reason I'm here is to see Give you my thoughts on how this All ties together with the district But he was the idea behind the marketplace So if you've not liked it all these years you can take it up with him I was really just in charge of making some changes. I want to read a few more comments here I made up a little story about the past for the last 40 years Folks connected with downtown Burlington have been asked by officials and downtown development people from cities all around the country To be allowed to visit here so that they could understand for themselves Why our church Street marketplace was so? So famous so successful and for the benefit of Jeff always a hundred percent rented So they would come to town early in the morning and after they finished their coffee and croissant mirror bells We would take them around this we've done this quite a number of times over the years And they would look at the view of the lake and they would look up at the college and they would look at the unitarian church and think They were all spectacular and all the great shops and then we would take them aside and We would say to them But the single thing that makes the project really successful was the decision in 1979 to create a dedicated management organization by charter change called the church Street Commission With its dedicated staff and its authority to manage and direct the marketing and promotion and maintenance of the marketplace District that's the four blocks the original four blocks of church Street It sets an adequate budget and levies a specific annual fee or tax from the abutting retailers restaurants vendors who benefit from its success and of course the city's residents in our many thousands of visitors each year Get to you get to enjoy our great marketplace year-round But what we didn't tell them is that in the months of 1979 just before the charter change went down We pushed a proposal and almost put it through to have a much larger downtown district encompassing Pearl Street Winooski Avenue Main Street and Pine Street Featuring a three-tier feats fee structure Excuse me for my voice tonight Based on proximity to Church Street Which would have allowed much more marketing and promotion more amenities and more national attraction and attention? This near mess was foiled by heavy lobbying on the part of the then mayor more Gordon pockette by the owners of the then new Burlington Square who referred to Who had the audacity to tell the mayor? They weren't going to pay the fee and that they were there to save downtown Burlington and Church Street Didn't turn out that way exactly Well now we have the opportunity to write that mistake from all those years ago and Take a course of action that I believe will be the most important Decision regarding downtown Burlington since the creation of the marketplace itself I'm urging you to vote to send this charter change to the voters and get on with the project bill I don't know if we're doing all this in three minutes, but you get additional time You get additional time because because there's two of you I just like to say that I I really think this is a terrific thing. We spent a lot of time in the early 70s Talking about the marketplace. We called it the Church Street Mall in those days and then it became the marketplace and Arguably, it's one of the better things that's happened in the city in the last 50 years And I think I personally feel that way, of course, but I'm biased and We talked about this notion of expanding the church Street marketplace into other areas of the community much like it's The origins of this were the destroy it in Copenhagen, which was started out of seven city blocks 15,000 square feet and Like so many others they've expanded their district and they're now a hundred thousand square feet And who knows how many blocks of pedestrianized 35 blocks. That was there last summer the point of this is that what came with that as a Space in downtown Burlington that really is attractive to people people enjoy being there And it's not so much the design of the space that has created the success But it's the fact that people enjoy being there So the important thing is to make sure that in our downtown did district We take advantage of the opportunity to have some design quality control in that whole area Which we used to call the central business district, but you can't do that anymore CBD doesn't work But did does it work? Anyway, it's I think it's great and I'll have much more discussion with the board when it gets resolved then we can talk about the quality and how to get the High-quality kind of environment that we really do need in the rest of the downtown All right, thank you. Thank you, Mr. Robbins and mr. Truex Quite the tag team Felon Fritz is up next to be followed by Jeff Nick mr. Fritz Welcome. Thank you. Thank you. It's good to see all the counselors tonight I'm here as the executive director of echo lehi Center for Lake Champlain and also as a resident of Burlington And I'm here to Talk about echoes perspective as a nonprofit and Our thoughts on the DID So first of all just a sense on what our perspective is so of course echo is a community science Center We are working with schools and Children across the state And so with those science partners we deliver what I would say is the skill sets for tomorrow's workforce You also might know us as an attraction And in fact as an institution we welcomed about a hundred seventy thousand people last year And so we're one of the major forces for Tourism in the region and and and enjoy a whole host of partners to make that happen So I come to you with those two perspectives a science educator part of the community and as a tourist attraction So We're in favor of the expansion of the DID the combination of the two and for the following reasons First of all, I think it's really important for all of the city whether it's residents whether it's tourists or In any other form that someone arrives here, I think it's critical critical to our downtown I think it's especially important For its ability to create a consistency between Church Street and the waterfront Very a critical aspect and of course that allows us by combining this incredible waterfront We have with Church Street We're gonna position ourselves going forward and we're all height very aware of the level of Competition for whether it's workforce whether it's for tourist dollars Whether it's for proper housing those are all pivotal pieces to what we have and do here so what's especially important is that ability for us to compete and promotion standpoint and Then finally, I just want to share that this is really about bringing the whole town together I know for years I've been talking with Rob Redmond and others about there's this Church Street thing And it's about four blocks east of this wonderful Waterfront and I think it's time to bring them all together. So thanks very much and all the best for the holidays Thank you very much. Mr. Fritz Have a good evening Jeff Nick To be followed by Emily Reynolds. Good evening, Mr. Nick and welcome. Thank you I'm the current chair of the Church Street Marketplace Commission And I just wanted to she here lets you all know that the Marketplace Commission Supports this effort a hundred percent. We're all in favor of this and we'd love to see the process move forward quickly I think in the light of the suburban competition we face especially with their Re-invigorated University mall and Target as well as the impacts from Amazon It's very important that we take that Marketplace Example and spread it out throughout the city and have a robust marketing campaign Amongst all of our downtown retailers of merchants and restaurants. Let's go to make us all stronger in the long run I would also like to address a recent comment that was made about Festival of Fools and A comment that I may not support that I support that a hundred percent and so does the the Marketplace Commission And we see a great opportunity to really expand upon festivals and things we do downtown to promote the excitement that we have down here and We could do a much better job of that with a with a larger downtown improvement district I think there was some author concerns about privatization and This is not an effort at all to privatize anything downtown the city's a hundred percent in control of the public realm and The streets the sidewalks you control the city council the mayor everybody is that's in your hands This is not an effort to to privatize So with that I hope you can vote in favor of this and we look forward to working with you to move this idea forward Thank you. Thank you. Mr. Nick Emily Reynolds is up next to be followed by Walter Keady. Good evening, Ms. Reynolds and welcome Hello, my name is Emily Reynolds and I'm the co-chair for Burlington housing justice Our four goals are to decrease rent and create housing as a social good unionized tenants increase the housing quality in Burlington and increase the housing stock We believe that the DID is in firm opposition to these goals the DID represents the landlord and developers agenda to privatize the city Raise the rent and develop the city into a neoliberal hellhole The DID also represents morose continued legacy of aligning himself with the developers the expense of workers and tenants Historically morrow is supported measures that privatized Burlington such as the creation of the mall the selling of telecom and the selling of the Bose parking lot according to hood rent has risen 5% annually since 2015 under morrow by the government's own omission nearly 50% of renters are paying 50% of their income and rent 50% This leaves very little left for necessities such as food health care and utilities in other places where DIDs have been created property and rent Has increased 15% this will have an impact of raising rent in the immediate downtown area as well as throughout the city We cannot afford another 15% in an already unaffordable city We can tell how to touch this administration is with the general public when morrow states that an affordable unit is a thousand dollars per month I only make $1,800 a month So a thousand dollars and nearly 60% of my income if this is what the administration sees is what's best for Burlington How can we ever consider the DID a good idea? Another major concern we see with this proposal is the way it will disproportionately affect the homeless population Who are daily denied their rights to housing addressing street-level behavior is thinly veiled threat to increase policing on church tree and decrease? homeless people's access to public space Considering all this we strongly encourage the council to oppose the continued privatization of Burlington We the member of Burlington Housing Justice will continue to fight for housing as a human right and if this proposal passes We vow to knock on every door to stop this proposal Thank you very much miss Reynolds Walter Keady is up next to be followed by Kenzie Hines Mr. Keady welcome Good evening. My name is Walter Keady I'm not head of a commission And I was not here when church tree was coming to be but I live in the old north end and I'm hoping that my position is still valued Thanks for providing some time for public input on the DID I think it'll become clear by the number of us testifying that the lack of transparency about this decision is Irresponsible I Had heard nothing about this proposal to make a downtown improvement district Which is yet another loss of public property in Burlington Until Burlington Housing Justice called it to my attention And even then I had to piece through newspaper articles and kind of wait through a lot of complicated business and political jargon Just to get informed So even if there had been appropriate, you know lead time and communication about this operation the language used in the communication Was overly stilted and ineffective. I think it was inappropriate That's that's frustrating enough to me But I think that to rush this decision into a ballot measure at the last minute is pretty reckless excuse me reckless We've already seen the privatization of some valued public assets like Burlington telecom and we're just waiting for the fallout All of us that live here we make use of church Street But a downtown improvement district is going to benefit businesses at the expense of the residents It's going to pull public control out of our hands and it's going to cordon off the heart of the city For richer people and I don't think that's fair And I know there's some argument about whether or not this is privatization But I know that you know formation of a nonprofit for management is privatization by definition Basically, I think that to speak in a language then that you all might understand the privatization process has cheapened our citizenship in Burlington and Putting it as a last-minute ballot measure has devalued it all together So I urge you to pull this from debate and stop the DID from coming to be thank you. Thank you, mr. Katie Kenzie Hines is up next To be followed by Betsy MacGavin Good evening and welcome My name is Kenzie and I'm a renter in Burlington To those in power in Burlington Affordable rent means nine hundred to a thousand dollars per month The office of housing and urban development claims that affordable housing should be no more than thirty percent of an individual's monthly income In Vermont an individual would have to make more than three thousand dollars per month to meet that threshold And that means for someone in Burlington working a minimum wage job Would have to work two hundred and eighty five hours per month to afford that when a full-time job equates to only a hundred and sixty hours per month So let's talk about rent In a city where sixty percent of people rent only two of the twelve city counselors also rent Renters in Burlington more than half of the residents are underrepresented by three hundred percent of the primary decision makers of the city So is an improvement district like those that have raised rent in other places really the best way to represent the residents of Burlington Or does improvement only come to those who can pay? Thank you. Thank you very much miss Mcgavick Jack Hanson is up next That's he Betsy Mcgavick is up now and then Jack Hanson Good evening. Welcome. So I have public comment for myself And then I'm also speaking on behalf of Julie Masuga who unfortunately could not could not make it tonight So I hope the time can reflect that So again, I'm Betsy Mcgavick. I'm a senior at UVM and I also want to express my concern For the downtown improvement district In other cities this has proven to cause increased harassment and policing of homeless community members And the increase and the increased amenities of this district Allow landlords to hike up prices and eventually price me other young people out of the city other working people out of the city with a city of 60 percent renters and Especially more than that concentrated in this downtown area It's not what Burlington needs during an affordability crisis And I wish that we would all have been considered a little bit more during this planning process And my next point is regarding the IZ they included inclusionary zoning recommendation presentation That's gonna happen later in this meeting So I am again a senior at UVM. I'm actually doing my senior thesis on inclusionary zoning in Burlington So I was I'm really familiar with the law And I was really excited to see that this was going to be on the agenda for today However, my heart sank when I saw what the recommendations were going to be from from the IZ working group So the definition like can be so eloquently pointed out earlier is of Affordability is something to the tune of a thousand dollars a month And this is not what the recommendation was from the include to change that was not what the recommendation was of the IZ working group It was not to maybe suggest that we change our zoning laws so that higher density Density development could happen in the south end or the new north end However, their recommendation is sorry spoiler is coming later is going to be to allow developers a lower price to get out of paying Or to a lower price to pay for Payment in lieu, which means making it easier for them to pay their way out of building affordable units And this is going to reduce the amount of affordable units built I'm an increased segregation socioeconomic segregation in the city So I just encourage and maybe I'm reading this wrong, but I encourage the counselors when this recommendation is happening to be critical Okay, so that's the end of my comment. Thank you for giving me that time And now I'm making a comment on behalf of Julie Musuga. So again, unfortunately could not be here tonight So My name is Julie Musuga and I am from Ward one at this point the city council likely and safely assumes that I bring my message to this What feels like the kids table to complain this time is no different other than the fact that I have more questions than answers I have been tending a lot. I've been attending a lot of meetings about the downtown improvement district at the November 29th Meeting at the BCA I would wager that at least half of the attendees that spoke out were angry or at least concerned about the proposal Which at this point seems fairly nebulous the citizens possibly voting to approve of and pay for a plan that really only seems to cover Snow and cigarette butt removal extensions of the policing of the downtown in the form of ambassadors and gentrification Then at the recent city council meeting I heard councillor Shannon respond to concerns about creeping neoliberal neoliberalism by saying that the businesses were the eyes of the city But what what are they watching? Our city outpricing the very people they claim to want to include I dug a little deeper into Puma the contracting firm that assisted with this process. I read on their website Helping to increase property values sales and occupancies Which seems like business talk for helping to outpriced residents and businesses already struggling to make ends meet I dug further to a document from Puma labeled life cycle of a commercial district Wanting to know more about what the what this process would entail a growing DID It's like a phase of a downtown improvement district Is said to be governed by the membership organization or a 501 C3? Okay So if there's ever an agreement on who gets to govern then it sounds like we are squarely in that category Then I looked at the next phase a mature DID At that point the control lies in an entrepreneurial holding company if this natural evolution of DIDs is accurate Then the answer to the question residents are raising are we selling the city is yes So I guess the argument is that the DID would bring in money But who does that money go to are we going to assume that trickle down economics and volunteerism are going to keep rents afloat? Or residents afloat am I naive for having these fears? I am going to sound like a broken record But the idiom of politics that claims only that we need to move forward seems to be forgetting everyone that we will leave behind Anyways after we've gone off gone through the temporary catharsis of scrutinizing this plan I hope the council reconsider is what it's about to do to our home Thank you Thank You Betsy and Julie and Jack Hansen is up next To be followed by Kara, and you can correct me when you come up Alness Raleigh Good evening. Mr. Hansen welcome. Good evening. Thanks for the thanks for the opportunity to speak on this I'm also speaking to the DID downtown improvement district Which I I also opposed the the proposal as it as it stands now and you know I would echo some of the concerns that we just heard I think the bottom line for me is that you know by turning this over to to a non-profit entity We're losing the ability to have you know real public oversight of outcomes here And to me that that really follows a concerning trend that we've seen that some other folks have brought up I think the the prime examples of that would be the sale of of Burlington telecom and the mall redevelopment project among Some other recent decisions. I think to to give away that local oversight and control and Also to do something that potentially Increases rent. I think those are those are high levels of risks. Those are potentially irreversible Decisions that we're making there has to be incredible Benefits to all all levels of community members in order to make those irreversible decisions. So for me I'm not seeing enough benefits. I Acknowledged for sure that there are there are benefits to this and I can see that But I don't think it's enough to potentially be raising rent in in an already, you know Housing crisis that we face and to lose that public oversight potentially irreversibly So I would just yeah, again echo a lot of the concerns and I would encourage you all to To oppose the downtown improvement district proposal. Thanks. Thank you, Mr. Hansen Kara Alna Sarawi and Please correct me when you come up. I'm Kara Alna Sarawi. I wasn't too far off A small business owner on College Street. I have three young female employees My story is a thousand square feet I have taken a deep dive into this DID Proposal and I am very much in favor of it. I believe that it will be a Huge support for the small businesses, especially those on the side streets and the waterfront Who don't feel connected to the heart of Burlington, which is as everyone knows Church Street? I Think it will add a cohesiveness and a vibrancy that the downtown is lacking I Need to be clear because of what I heard right before I came up here. I operate on very thin margins. I My income is an important part of my family's income And I am in favor of taking part of that margin that I'm making and putting it towards this pot To help make Burlington more vibrant and to help Expand and make our city more inclusive. I have no interest in controlling the streets or Street-level behavior. I love working with the Howard Street outreach team My vision would be that this ambassador program would dovetail with the Howard Street outreach team To create more networks for our vulnerable community and in addition This money that these small business owners now I remind you I'm on College Street Everyone on that block is small locally owned They operate they come in every morning and work their butts off and From the people I have spoken to they are willing to put a little extra money in to help them To help make Burlington more beautiful and more vibrant and I would urge you to pass this Thank you Thank you very much Celia daily is up next to follow followed by Jay Carter new bizer Good evening miss daily and welcome. Good evening. Thank you. Bye. Can you hear me? Okay? I'm here for for not the the business improvement district matter But for the permit reform matter the charter changed before you to consolidate all of the permitting functions and The new department will need to pull the microphone in closer. There we go. How's that better? So I'm here to speak to the charter change you'll consider this evening regarding the consolidation of all of the permitting functions into one department and the Changing the authority for the appointment of the zoning administrator and planning director to the mayor and I'm here to speak in favor of that My name again is Celia daily. I am the chair of the permit reform advisory committee that the mayor's office gathered We've met for a little bit more than a year with very dedicated staff Across city government who have been working for much longer than our group has been working at Whittling away at many many recommendations of a consulting of a consultant on permit reform This is this proposal before you tonight is the best thing we've ever heard We're very hopeful that once these functions are under one roof and Consolidated leadership that many many more permit reform ideas and Will be implemented and it will be easier for the staff to do their jobs that they try So very hard to do in a system that has not been working well And as long as I've been engaged in it, which is going on 30 years probably I hate to say that But that's that's all that I have to say and I want to thank you for taking the time Thank You. Miss Daley J. F. Carter news bizer is up next to be followed by Buddy singe Rinse it buddy. Good evening. Mr. New bizer. Welcome Yes, pull the mic in close. Yes. Yes Yeah, I appreciate you guys taking public comment and for for hearing all these young people out as well as you know business leaders in the community I Am encouraging you folks to oppose the DID tonight one of my biggest reasons and I think you know, I concur with a lot of the Statements and points made very eloquently by some of the activists in this room tonight One of the biggest things is when we look at the board That would govern this body nine out of 13 are business owners And the remaining positions on that aren't necessarily limited that could expand nine minimum business owners If we want to talk about actual affordability, which I think almost everybody including the mayor Has has talked about a goal is a goal of theirs How can we have real affordability? Downtown in terms of rent prices in terms of making sure that we're supporting small businesses Which is extremely important if the only people at the table the vast majority of the people at the table are business owners That makes zero sense to me. I don't think renters are especially not represented In that board which is super disappointing I'd also say I just wanted to comment I didn't know Albert was gonna be here and and eloquently do a respectful and silent protest beforehand But I saw many of the members who did vote for that mural roll their eyes And and almost act as if he was personally affronting them by by placing that sign in front of the in front of you folks Who did vote the way you vote it? I Am beyond disgusted at what that represents in terms of what you're saying about public comment You're willing to vote to keep something up that continues the marginalization of People in our society that are already marginalized in a community and in a state that is overwhelmingly white and when someone respectfully Literally silently just puts your own vote in your face you roll in disgust some of you immediately rip them down as if how dare this Citizen who has every right to speak at this forum as any of you or any of us in this room How dare he throw our own votes back in our face and actually make us you know Identify with what we voted for that is shameful and it shows a complete lack of actual leadership And I respect the comments that we started this whole meeting off with that we need civility But I don't know if it's civil to be voting to keep up a mural that continually Marginalizes people of color in the city. I don't think that's respectability politics. I really don't I don't think that's respectful I don't think it's civil and you know if you're not going to treat people with basic dignity Why do you sit here and you know gasp at the fact that people are upset and people come in public comment and do things like this? I'm going on a ramp But I just think it's so ridiculous and so hypocritical and the reactions that I witnessed just as a citizen and someone Seeing someone voicing their opinion in the community is just so ironic and so hypocritical And super disappointing to be honest with you, but please oppose the DIT. Thank you. J. F. Carter new visor, please Ransett buddy singe is up next Good evening and welcome Yeah, thank you very much for allowing the public comment on the D. I. D. And that's what I'm coming here to speak And I want to say first Thank you to the city council all the working groups all the public forums the mayor's office For working so hard on this. I have sat on this church tree marketplace commission. I don't even know now eight to ten years I am a Burlington resident. I do not have any business on the street. I don't own a business Ward six I've rented in Burlington in the old north end new north end South end and I've been a resident owner in the new north end and in the south end I want to say first and foremost what I've learned most from living here in Burlington and stay on the commission is that a managed district works a Managed and actively manage business improvement district promotes economic vitality a cleaner environment a safer environment And a greater sense of community You look at any place where you go in any other place in the country and you talk about Burlington The first thing that they mentioned is church tree marketplace because that represents our community The You know, I know there's a lot of discussion about this going forward. I believe that in the charter language, there is You know the tax assessment would not go to residential units So I believe you know as far as the affordability Concept with that regard if there's gonna be no assessment to them. It's gonna be on commercial spaces I also want to mention that as treasurer at the church tree marketplace Commission when the Howard Center was reaching a short fall for the Street outreach. We we were the entity that kicked in the extra money to make sure that there were still street outreach on the street This is the biggest center of this community that goes on here with the actively managed district We are looking out for business interests residents interests Tourist interests and every other population that's out there. There is no privatization of the streets In this proposal and that would be a detriment to all of our community I believe that this brings our community closer together right now. We have one of the best You know main streets even though it's not mainstream in in the city and in this state and by expanding this district We can make the whole downtown be that part of Burlington that everybody can be invited to not just church street to the side streets We'll promote the businesses. They'll be safer. It'll be cleaner and an actively managed district is the way to make this happen I appreciate the time that you've given me And I really support this proposal and I really hope that you guys can move this forward and put it to the voters for a charge Thank you very much. Mr. Sange. Laurie Tucker is our final speaker of the evening. Good evening. Miss Tucker. Welcome Thank you for giving me this time I opened my business in 1979 actually right before the church street marketplace was Put together and attended many many meetings of all the people who for the most part Thought that it was the worst idea ever and that we were all going to go out of business and How could we possibly be thinking? Closing the street. Thank you our fine gentleman in the back there who Who were bright and forward-thinking and? saw it as a Place that we could all come together so So I'm a Burlington resident and I've had this business for 40 years. I started on Main Street I'm on Church Street now. I'm also part of the Commission. I Really can't say anything better than what some of my Other commissioners said other than I just want everyone to know That one of the reasons that I love Burlington is when we work together We all help each other it lifts all of us and for all the folks that are feeling that somehow the business community doesn't care about them and We don't care about high rents. We don't care about the homeless people I want to tell you that in the 40 years that I've been in business. I've never met another business owner that didn't Contribute to all of from mr. Palmer low You guys know mr. Palmer low, but From the millers from People who own small businesses like myself we all contribute and a little a lot it helps all of us I am so for this district because I think we need to work together and it's an opportunity for us to work together it's not just about Making more money and Turning our eyes down at the folks That need help That's not my experience of Burlington So that's all I have to say. I hope that you vote for this DID. Thank you Thank You miss Tucker and That concludes tonight's public forum So we will close out the public forum and move to item number four, which is the consent agenda councillor nodell Right, I move that we adopt the consent agenda as amended and take the actions as indicated Second moved by councillor nodell seconded by councillor busher any discussion Hearing none all those in favor of passing the consent agenda and taking the actions indicated police AI as amended police AI Any opposed? We have passed the consent agenda and now we will move back to item 5.02 and that is an indoor entertainment permit application for sweet waters 120 Church Street councillor Dean Thank You president right. I'm once again behind Okay, I Would move that we approve the 2018-2019 indoor entertainment permit application for sweet waters 120 Church Street with all standard conditions and after a second would just report across the floor back for a second seconded by councillor roof councillor Dean you have the floor back so just a report from The sweet waters is adding a little bit of jazz to their Offerings and this will be one night a week to start off with we're hoping that People will patronize this and we'll be seeing the opportunity for jazz to be heard at sweet waters many nights of the week. Thank you Thank You councillor Dean any discussion on the motion Hearing none all those in favor of approval of the application, please say aye aye any opposed that passes unanimously and We move on to item 5.03 and that is The annual city meeting charter change on the downtown improvement district and I will recognize the chair of the Charter Change committee Councillor Shannon Thank You president right. I move to Wave the reading and adopt the resolution and ask for the floor back after a second second by councillor roof councillor Shannon You have the floor Thank You First let me thank councillor roof for his leadership and shepherding of this issue He has spoken with all of you probably many times About this and brokered many compromises along the way to assure that this initiative will have broad support I'd also like to thank the original visionaries of the church Street Marketplace who I'm sorry to see just left For coming before us tonight to share their thoughts and wisdom. We are lucky to still have them with us and guiding our decisions and I'd also like to thank All the young folks who came out tonight to share their thoughts as well Your committee tried to be mindful of your questions as we reviewed the language of the Charter Change proposal to expand the DID You know councillor right. I just wanted to clarify there were two There were two Resolutions posted and the one that I moved was the amended version Okay, and I can thank you get into what that correction was that we made The baseline question for everyone is why should we expand the DID and and change the governance? The history of our very successful church Street Marketplace is one that involves a lot of federal funds from its inception and Even into the recent past Those funds are running dry and with further investments needed We need to determine who will be responsible for this next infusion of money that is needed The existing church Street fee payers cannot bear significantly more burden nor can our taxpayers at large We want to engage a much larger number of downtown businesses to contribute to the health and vitality of our downtown We want businesses to spend their money to improve our downtown And I want to note that several of us have had the opportunity to travel to other Comparable cities that have Downtown improvement districts and to look at how those downtown improvement districts work and as we do that Everyone is Flabbergasted by how we make the marketplace work with only 40 fee payers We really don't have the economy of scale at that size to make it work long term It has worked because we've had the federal money to support it Our entire Burlington community enjoys the enhancements of the church Street Marketplace from the shoppers to the daycare groups even including the panhandlers The ambiance and vibrancy are the envy of downtown's across the country We cannot be complacent and let our crown jewels slip away when faced with new funding problems Increased pressures on retail from the internet Aging amenities and a decrease in the social safety net nationwide All of these trends are threatening church Street as we have known and loved it We need to expand the marketplace to gain the economy of scale that is enjoyed by virtually all the other similar Pedestrian malls throughout the country the marketplace was never envisioned to be sustained by only 40 fee payers The way it is today a much larger downtown improvement district was envisioned from the start But we have never made the that update until now We need to collaborate with businesses to provide a structure that works both for them and for the city To get the buy-in of more fee payers to support this new district They need some level of control beyond what is offered today through the governance structure of the marketplace or existing DID Please keep in mind when I reference our downtown businesses and fee payers. I am not talking about Amazon, Apple or Enron Though many would welcome those taxpayers into our downtown I am talking about our local retailers and cafes mostly owned by our neighbors Including immigrants and those looking for opportunities and a better life I am talking about the startups that have become success stories and generously support our nonprofits These businesses employ our residents Provide multiple taxing opportunities to the city and most have a social agenda where they probably would have landed elsewhere In this proposed charter change for a new DID We have made very modest concessions to the business community to create a workable district That will serve to benefit both the businesses and the general public While we have given the fee payers the power to appoint their own director and form a new Organization with new bylaws and create its own management plan There are still many checks in place over which the city council maintains control And I think this really gets to the crux of the argument as we weigh public versus private Private money public control While the fee payers will appoint six board members including one resident the city council with the mayor will point seven members including two residents Giving the city a majority control over the board in addition There will be four ex officio directors on the board from the city staff and city council council busher Finally the meetings of this board will be subject to the open meeting and public records law Under the proposal We are bringing forward is very clear that the types of city services It's a city of Burlington pays for throughout the city Remain the responsibility of the city if a water main breaks the city fixes it Policing is still the responsibility of the city however, the enhancement enhancements to the streetscape like much of what we see on church Street is The responsibility of the fee payer in order to make enhancements to the streets streetscape The fee payers will still need to follow all city protocol and permitting procedures Including approval from our boards when applicable Off-church Street businesses want to participate in this new entity to improve their ability to coordinate parking Enhanced marketing and improve downtown safety Safety and cleanliness should not be a church Street issue where problems are merely pushed to the perimeter By safety and cleanliness cleanliness. I do not mean that we sanitize our downtown but do more of what we have been doing to avoid violence and Help our most vulnerable residents who are active users of our downtown Our downtown needs to be supported in a holistic way and preferably without further burden to taxpayers All our taxpayers will soon become quite burdened with a tax increase to pay for a new high school Taxes have already gone up to pay for much deferred maintenance on our existing infrastructure. I hope you will join me I'm sorry I Hope you will Support this expansion to the DID which will improve the economy of scale for downtown initiatives like marketing parking street out straight street outreach and streetscape amenities We need to be we need to keep our downtown vibrant and we cannot be complacent in our efforts Each of you may have heard in what I have just said Some of the points that you raised at our last meeting before sending this to charter change But there are a few things that I wanted to address in addition One was from counselor. No Dell What's the benefit the benefit is we entice more fee payers to the system to cover expenses and avoid Burdening taxpayers to sustain our downtown while retaining key government control over the new entity Counselor pine You express express some concern about the makeup of the board I'm sorry, I'm supposed to speak through that when I say your name. I'm not speaking to you I'm just referencing the comments that you made Is that acceptable? Counselor pine raised an issue about some seven members Seven members of the board will be chosen by the council not by the businesses, which is the majority of the board We did discuss pegging increases in the fees to CPI But that did not seem practical because the fees Sometimes there might be a jump in fees in order to pay for more amenities and it's a decision made by the Property owner business fee payers so I think the checks are in place for them to make that decision because they have the representation and The inflation rate doesn't necessarily have a lot to do with how the fees are structured There will not be a more aggressive approach to two street people It would be a continuation and expansion of the highly effective programs They are currently implementing Counselor Mason raised some questions about Rights of appeal only the property owner has the right of appeal Fees will be part of a package of maintenance fees that all commercial tenants pay if they are too high Tenant can find other space lots of controls are in place to hold non-profits accountable because we Retain control over the bylaws but the non-profit That we establish here because we retain control over the bylaws management plan budget and the board Counselor Jang wanted an advisory question rather than a charter change question I'm not sure exactly what the concern is If the advisory question passed then we would just have to come back with a charter change question I'm I don't see what the advantage is in that to vote process But as it is if the charter change question passes, it still needs approval by the legislature So there is a two-step process there in addition There will be many more votes by the city council to approve the bylaws the management plan and the budget and Couple of those are would be on an annual basis So the public process by no means ends with the public vote on the charter change Just reflecting on some of the comments I heard at public comment Who pays for the for the downtown improvement district? It's the business and property owners that pay for it who benefits the businesses from marketing and and parking and other efforts and the public from the public realm improvements There is no evidence that I'm aware of that residential rents on Church Street are more than in adjacent areas They do increase commercial rents Improvement districts increase commercial rents because the ground floor retailers in the DID can support a higher rent while nine out of 13 members of the board are Actually, I'm not sure. Yeah, I think that's right. That was stated public comments, and I believe that's right Nine out of 13 are business owners 100% of the funds will come from the business owners But others have votes and Also, we have for ex officio members that get to participate in the discussion The conversation does not end tonight We will have another public hearing and it will be before the council again on January 28th We will also have ample public discussion in a variety of forms leading up to the March vote please support moving this forward tonight so that the public discussion can continue and Thank You counselor, right? I think I probably went over my five minutes, but this is a big topic You did go over a little bit I did let you bend the rules a little bit on that one because it is a big topic and so that's the report from the charter change committee is out And the motion is on the table and open to the city council for discussion who Wants to kick it off. We're ready We're gonna be going right to the vote for a second there counselor pine You didn't think we'd let that happen. Did you I? Think so, but it's a healthy debate I think the I Appreciate what councillor Shannon just did because a lot of the questions That we raised last week were we're addressed in her comments, so that was helpful I Really fundamentally think that everybody in Burlington values and wants to see our downtown really thriving and As goes downtown so goes the rest of Burlington. I think is pretty is pretty accurate statement It's just a question of what we do to get there, and I'm hoping that We can spend the time and have the dialogue both as a council and as a community on what we do to reflect our values as Burlington In moving forward, and I think that having the founders of the marketplace here earlier tonight Gave us a little reminder of our history and where we've come from and the fact that Those visionaries knew way before many folks knew that the suburban development was going to eat our downtown alive It really was the primary motive was to focus on the fact that suburbia was going to grow at the expense of our downtown when that happens lots of negative repercussions occur we have a loss of of Place you know people's ability to get their services and their their consumer goods and everything they need in their community There's a loss of jobs. There's a loss of tax base Plus is it just a loss of community in the community we get from being able to support our local merchants is really I think of value I Am not entirely sure that our proposal here that we have before us is the exact path to get us to where we need to go I am inclined to Support moving us to the next level The next step in the process without necessarily committing to supporting this on January 28th I just want to be clear. I continue to fundamentally wonder if the governance structure will be Enough democracy if you will to support our values as Burlington and whether that structure Will really hold the test of time. I'm not I'm not sure I have to admit I've given it lots of thought and I've had lots of conversations With other counselors with friends With my spouse with a lot of people about this So this is this is a big decision and I hope we really are very thoughtful about all of our decision-making in this process and I believe folks are and In the end We have to make a decision is individuals Representing what we think is going to be best for our future as Burlington and and try to align that with what we believe our Constituents are looking for us to do and we don't always know that we don't have a crystal ball And we can't do a survey of our our voters and say would you like us to do this or not the vote is how we do that in March So that's where I'm at right now. Thank you. Thank you. Councilor Pine. Councilor. No doubt Thank You president right first just a point of clarification Did we Hear how the new revised resolution differs from the one that was posted? I Think we you're right. Could I get that information and get the floor back? Councillor Shannon, do you want to address that? You're right. We that was said that that was going to be addressed and it was not In the original there was some language about residents appointing the residential Board members and that harkened back to the time that there were going to be residential fee payers we discussed that in our first meeting and It was explained to us that it was that it was intended to work the way It was described in the amended version And so with that Our attorney Blackwood had caught that that change wasn't made Circulated it to the charter change committee on Friday. There was no objection and with that we posted the change on Board docks President right might I have information about specific lines where that were changed? Who can it can address that can city attorney Blackwood. Can you address that? Yes, I can page four Section 322 a And it is lines 90 through 93 Or deleted and replaced those lines so it originally It now says six directors selected by the fee payers Which was the language that the Board of Finance had passed on to the Charter Change Committee But I hadn't had not gotten in the draft yet So I'm sorry lines 90 through 93 were H4 were deleted and the original ones were deleted in the old version and replaced by the language here that now says six directors selected by the fee payers through a process established by the bylaws and then Consisting of one director who is a resident living within the boundaries of the DID two directors who are owners of businesses Located within the boundaries of the DID three directors who are owners of real property located within the boundaries of the DID That's the new language. Okay. I'll have to look that up. I was not aware. There's a new resolution till it came in So I'll take this a little time But I'd like to can continue just with thank you very much I'd also like to may I ask the city attorney a question yes, okay, so I think we'd be good for us all To understand the process from here. So if the resolution Succeeds tonight. We have warmed this language For the ballot there will then be two public hearings and then there is at the meeting on January 28th I believe a final vote Which there's an opportunity to vote to change the language Correct. Okay, and it's true. Is it the case that? only changes can be made that respond to Comments from the public about the proposed charter change correct and is it possible for the council if it votes yes tonight to vote no Altogether on the charter change on January 28th and What is that a possible scenario or if tonight it if we vote yes tonight? It will be on the ballot I could the language could change but it it is on If you vote tonight, it is on the ballot unless you vote to take it off again and I think you can vote to take it off based upon the Public comments that you may hear what I would suggest if you're is if you're hearing comments outside of the public hearing That we repeat them at the public hearing to make sure that they are in the record and that you can Therefore vote based on the public the comments of public hearing to remove it if later you decide to do that Okay, thank you very much So I just have a few remarks I kind of laid out my my view on this at our meeting last week and my view has not substantially changed I did want to respond a bit to the chair of the Charter Change Committee Who I think didn't in my mind didn't quite grasp One of the points that I made a week ago, which I did not really ask. What are the benefits? I think it's clear to me that there are benefits from expanding the marketplace what we're doing on the marketplace to include the side streets and At our public hearing in late November. We heard a lot of support for that idea Kind of bringing in the business on the side streets and creating a more integrated Downtown beyond just true Street Marketplace My question was really What do we what are the benefits of setting this up as a nonprofit as opposed to setting up? continuing to operate it as a department of the city and addressing some of the issues that have come up still within the framework of it being a department of the city and this is kind of still like my the question that I have and If if we had more time it is the question I would like to have seen this address But we don't have time to do that for the March ballot and so for me We we kind of we are trying I think to design a Downtown improvement district that fits Burlington. We have somewhat different ideas about what that means for me I still I'm not haven't been convinced that we should switch to a nonprofit model I think that all the concerns about Potentially giving public powers to a nonprofit completely go away if you just decide to work within the framework of the city department and Empower that the group of business owners and residents in ways that they're not currently empowered I think that there are there was a path to achieve much of this that we didn't have time to explore I am appreciative of all the work that's been done I mean and a lot of people really believe in this and believe that it will bring good things and And and we're very gonna. I see I guess we'll see what the public has to say, but I did want to acknowledge I appreciate that the current version does clearly State that the downtown improvement district board will be subject to the public records law and to the open meeting law Which was an issue that I raised And I appreciate that that that has been addressed and I think it is important that it be Covered by those laws. Thank you President Mike. Thank you. Councilor Nodal. Councilor Busher is up next to be followed by Councilor Mason Thank you so This has been a lengthy process for some In the community and a not so lengthy process for other people in the community So I think we all enter a process at different points. We know this there's nothing unique about this We we have this happen all the time Things start percolating things get worked on then they become a vision or a plan and that engages more people and then Slowly the public and well something slowly the council and then the public get informed And it's difficult when you're when you have been at the beginning To recognize that not everyone started when you started in this process So I think for those who feel like this there's been enough process You have to appreciate that for some that may not be the case But everybody cares about Burlington and the downtown and wants to make sure that we hear their concerns and make sure they're addressed So I've I've listened as best I can I'm not sure and And thank you President right I want to I want to thank Councillor Nodal for asking the question To the city attorney about Process I heard her say she thought that we would be able to remove the question even And not move it forward on the 28th I want to really confirm that that can be the case because I am willing to move this Forward, but I'm not sure that I will be supportive when after the two public hearings At on the 28th, and I am and if there is no comment made from anybody I Just want to make sure that the council can say If the majority of the council says no, it's not ready for primetime that it doesn't move forward I just really need to to feel secure about that What I did here tonight From the public was once again The issues around residents and they're concerned about the businesses who certainly Are being generous and want to improve that district But they're the residents that live in rent downtown are really concerned how that is all going to play out Where is where is this money going to come from if if indeed there's more money being asked of? Businesses aren't isn't that then going to be passed on to the people that rent downtown How are we going to address controlling the rents that are being? Asked for by the residents that live downtown. I don't have the answer to that question and that's germane That's really key for me and so I Understand small businesses are also and the the woman that represents the small businesses on College Street. I've heard her speak Time and time again, and I and I know that money is tight even for small businesses, but I equate living in a home your home and having that income versus Business which is a little bit different. I see those two is a little bit different For business you potentially would reap a benefit and maybe an increase in income whereas if you Have to pay more rent I don't think you're going to see an increase in anything really tangible except a loss of Revenue to spend on groceries or something so I haven't been able to sort that through for myself I did hear that a Managed district works Want to thank you for the the chair of the marketplace making that comment. I I agree a managed district works One of the things that I that I also heard and thought about as as the the chair of the Charter Change Committee was speaking was that The 13 member board is good. I mean I think I think that still works But maybe the representation from the residents needs to be rethought I'm not sure we have enough representation from residents If I can reference other counselors president right counselor. No Dell did ask during the board of finance How many residents were on the marketplace commission versus businesses and there were more residents than businesses and Now we have more businesses than residents. I'm not looking to Reverse that and make that happen make make make make that change But I am wondering if we need more resident representation and I'm really trying to think that through So that's another piece for me Let me think about what else I did want to make well I I wanted to let people know that I am going to if this moves forward want people to consider a small change I hope you would all appreciate this line 56 where it says provide a Clean safe and welcoming downtown experience for all community members. I would like it to say experience for all comma Community members and visitors alike because it's more than just community members So I think that that would be probably welcome and that can happen in another time But as I read that it seemed exclusive and not what we really want to communicate. So that's my point And the last thing I want to say is that I Think that I wish that I had had been given a comparison of looking at the marketplace model Keeping it within the city and the nonprofit model and looking at the pros and cons of that I'm not looking to take power away from the businesses. It's You want to invest in the community? I need you here. I value you black Friday. I'm there You know it every black Friday. I'm there spending my money but I but I also I also I'm not sure that it needs to be the model. We've chosen it could be another model and still succeed So that's all I have to say right now. Thank you. Thank you, Councillor Bush. Councillor Mason is up next then council roof I do want to just in light of what Councillor Bush said and I did know also City Attorney Blackwood that you said I think it can be can you just clarify that is it For councillors. I think it's a fair question You think that way it can be removed or it can be removed I did not intend to install any doubt in that it can be It can be removed and and that is and that is whether there's a comment made or not Now I what I will have to look further if you but but what we would absolutely Recommend is that there be comments made and that is what the city attorney's office has always recommended that if you want to make any Changes or you want to do something differently than the action you did that there be comments made at public hearing and those Those could be I believe those could be comments that that you can make as well As long as we get them on the record and there a councillor can make the comments Okay, okay great point of information councillor Tracy Does that require a majority to reverse that decision to put it on the ballot? You need seven votes or does it need it seven votes to get on to the ballot? It it would be what I think you would do is you would Issue you would offer a new resolution or and and and I think we would want it done by resolution that says here are the reasons Why and we move to not put this question on the ballot? Because you've had to send it for public hearing for the purpose of taking the bottom line is city attorney Blackwood It's a majority vote. Yes a majority vote right, but but wait so But but how's the question for him? So do you need to have it be a majority? To take it off and so then yes So we have a majority so if people vote for it tonight Then it's put on until a majority then takes it off correct So it would require seven votes to take it off. So essentially if someone's voting on this tonight They're voting to put it on the ballot correct. Thank you Thank you city attorney Blackwood for that clarification now back to the queue and it is Councilor Mason Council Roof Councilor Hartnett. Thank you President, right? I'm hearing just sort of listening to the conversation, which I always find helpful. I'm not hearing significant pushback on the benefits I'm certainly hearing some legitimate questions relating to governance model But as I sort of looked around the table thinking about benefits it dawned on me. I work I'm the only council member, you know that that works downtown not on Church Street or you know on City Hall My office is aren't st. Paul and I've been there for you know over 20 years So I certainly have seen First-hand, you know lunch after work the struggles that the businesses on the side streets face You know and it's often I found myself asking you know, why is st. Paul? You know, it's a world of difference to walk down Church Street and then to walk down st. Paul You know or other streets and that doesn't seem right to me. I don't quite understand why there can't be coordination Allow me on the governance question What I've heard which has convinced me that this is the right model or a couple of couple of factors that go into my decision The first was I think I heard pretty loud and clear Comments about the difficulties that the Church Street marketplace, you know the Commission faces today How the executive director in essences has an impossible task answering the two different masters He answers to the mayor. He's a mayoral appointee, but he also answers to the businesses and what a challenge that puts Him in and how dysfunctional I think that has that has been I've also heard Resentment I would say or challenges to the fact that current business owners are paying into You know are supporting a budget over which they have no control It's entirely, you know, they put the money in and then the city decides what to do with those funds I can understand the frustration on that. It's my understanding that other models have been considered Through the process, but you know, I'm coming down on the side of this is to me a Model that seems to have buy-in from I think we got a letter from over 70 businesses today Yet at the same time preserves majority control by the city So from my perspective, this is really sort of the best of both worlds business or buying in willing to pay additional tax into a budget That they have more control over and yet the city ultimately does have control by our majority control over the board So for that reason, you know, I will be supporting moving this onto the charter and then voting for it Next time. Thank you. Thank you. Councilor Mason. Councilor Roof. Councilor Hartnett and then Councilor Mason Thank You president right. I did excuse me. Councilor Tracy I did take up a lot of time last meeting so I'm gonna try to be much shorter This time so I'm gonna speak a little bit quicker than sometimes. I normally do so during Excuse me during the outreach so far to this point I've been hearing a lot of concerns and some fears similar to those that were articulated during public forum and In house through other conversation that I've had over the last week now I think that a lot of those have been addressed at last week's meeting So I'm not gonna go into them again as well as Discussed during recent presentations But what this tells me is that more needs to happen right more needs to be done Around getting the facts out into the community so that folks can make informed judgments And it's been my experience that when presented with these realities of what is actually in the charter change language Most folks not all by any means not all but most in my experience have agreed that their concerns and fears Have been reasonably mitigated if not Addressed in whole so in this vein I think more needs to be done And so this is what I'll be committing to tonight as the fact though head of this effort here In effort to get the facts out into the community So brilliant onions can can make a good decision if we do go forward with this on the 28th and if we if we go forward tonight So a few things first I've committed to working with channel 17 to get a presentation a factual presentation That will run in the coming weeks Second there'll be a tour to the MPAs For any of those who are able to schedule schedule a presentation I was at the wards two and three MPa and thank you for the counselors for setting that up That was an important step Third there'll be a digital presentation of some sort that will be easily shareable on social media or other digital platforms And fourth I've been working with Brian low on getting a dedicated website up to the city I know other counselors have asked for that To be in addition to a replacement of the public Dropbox folder that I've been using to update documents as they've been updated Fifth I'll try to we'll organize and do a big push on front porch forum so that again the facts are out there and opportunities for engagement Do continue so before I wrap I just want to make some comments about this this notion of public versus private option, right? We do know what the public option looks like. It's what we have now It it's worked for four blocks Relatively well, but it does it does have issues and there's a lot of feedback That it does not work at scale for some reasons So we do know we know this from the Commission and especially from off Church Street fee payers who we are hoping to bring into the fold here Because right now their payments into the existing D. I. D. There is no accountability whatsoever There's not even any governance structure around that Around that so with a solely city department my contention through the the year and a half almost two years of being the arbiter of compromise in a sense Is that with a city department? There is no legitimate means for fee payer participation They have no real participation ability. So if the city's position is that we must have Unilateral control over an entity whose purview is to provide no government services Then I fear our ability to move forward at all to find a funding stream that we know we need To enhance the downtown because we as council Shannon mentioned we do have federal funds that aren't flowing anymore as they did historically We do have a tax base that is burdened. I fear that in the not not too distant future We could be looking at big problems without a mechanism or a funding a funding option to address them So I feel that the proposed structure which has been the product of a lot of volleying and back and forth over time As as well as through the council here Does give fee payers the ability to have that legitimate means of participation While having a lopsided public control measure is still in place I don't want to go on I said I wouldn't I do want to go over at some point all of those A public accounting public accountability measures because they are truly lopsided, but I am gonna practice some restraint and not go into all of that. Thank You council roof and But we appreciate that and council heart net and then councillor Tracy and I think we may be headed Then we have councillor Jang and then we may be headed for a vote. Thank you president, right? I do have a question for attorney Blackwood, right? When when would we see the language that would appear on the ballot? When would we see that? Yeah? In this case, I'm I'm assuming probably that we you would want to do a short form Language on the ballot and I don't think we've decided which meeting But I would assume we'd probably bring it on the 28th We wouldn't see the language before that We can see it whenever we figure it out if I think it would be important if we saw the language Sooner rather than later. I think that would be helpful Can I say that I suspect the language will be for example? I can give you sort of a sample of what it would be like it will be um Shall the voters amend section the sort of beginning of this article 89 to Expand the downtown improvement district. Okay. I Again, it would be great if we could get it, you know sooner rather later I mean if you if you go by this resolution, it's it's hard for me to fathom how we would I don't know how Short the question is going to be but if it's if the resolution is any indication we could So I just like this I would like to see how it would be worded on the ballot As soon as possible the other concern I have and I hopefully will get this address moving forward is Really the crux of it here is The actual Negotiation of what this deal is going to look like right which we don't know Right and so I would like to be informed who is going to be sitting at the table Negotiating this deal and so I think that would be important how it be negotiated and you know, would there You know, I don't know it'd be would it be a makeup of kind of like what we're envisioning the board to be So I'd just be curious about how the board is gonna be, you know How this the contract is going to be negotiated and if the council will be involved Will council approval have to you know questions like that. So I think that would be helpful moving forward I'm gonna move it forward tonight We've heard Over numerous years small businesses come to us Off Church Street and tell us that you know, they've been contacted by other renters to move We we know just right next to the old juniors pizza the closing store has moved South Burlington is building a new downtown You know, forget about the mall that they're expanding the marketplace that they're building out there. They're building new hotels out there You know, we're kind of fooling ourselves if we don't think they're going to be coming into our our neighborhood and Targeting some of these business on our side streets and asking them to come out to South Burlington There are friends to a point right and then they're then they're our competition and They I think they see an opening here And so I think it's our obligation to keep downtown vibrant And then the other thing for me is the 235 million dollar hole We have sitting in the ground that nobody really wants to talk about and where does that go? Right and how long does that sit there and how much does that cost our downtown? So maybe even more so important that we move forward on this Given, you know, the lack of details and the lack of questions that we have regarding that So I will move this forward But I would like to see the question as soon as possible and I would like to know how the Negotiations are going to be worked and who's going to be part of those negotiations on the deal. Thanks. Thank you Councillor Hartnett, and I think council city attorney Blackwood acknowledged that we can try to get that sooner rather than later Councillor Tracy and then Councillor Jang Can we please have a five-minute recess president right five-minute recess has been asked for and is granted we'll be back around five of we are reconvening the meeting and If you have some significant loud conversation, I just need to ask you to take it out into the hallway and and I again, please we are reconvening the meeting at 9.02 and Councillor Tracy has the floor First I just want to thank you president right for and for indulging us in a recess. There were issues that were Not necessarily fully understood in advance of the meeting in terms of the process moving forward That were clarified and that we needed to connect about so I certainly appreciate you being willing to do that in your patience around that I think that the fact that we still that we didn't have some of these answers Is indicative of the broader issue at hand here, which is that this is very rushed as far as the process goes The first I started hearing about this was over the summer and we tried to meet as a charter change But the consultants report kept getting delayed and delayed and delayed And then we finally heard that report if my memory is correct in an October work session We had several public meetings about more the more generalized concepts of this but those occurred before the actual governance structure an actual charter language was revealed in fact that language was revealed I believe not last Thursday or Friday, but the Thursday or Friday before so we're talking about a Timeline of within two weeks in which this language has really been revealed in which the true governance structure that we're debating tonight Was revealed and so we heard we received that language on a Thursday or Friday We debated it last Monday. It was referred to the charter change on Monday Then we as a member of charter change then ended up spending Tuesday and a good bit of Wednesday Working on on that language at which point it was referred on a two-to-one with with myself having voted against it Now we're back here deciding whether to put it on and what we've found out is that by putting it on Essentially tonight. We're really voting to put the language on the ballot and signaling in many ways a Confidence in this particular resolution or in this particular Structure such that we would actually have to have a majority of the council to undo that structure in the future and that Leaves me quite uneasy and the reason that it leaves me uneasy is that there's Because of this rush Been a lot of not a ton of opportunity to hear from the public You know we heard from a member a constituent from the old north end who had difficulty understanding it difficulty getting those questions Answered in such a short time frame. We haven't really been able to balance Some of the cons some of the benefits that we heard people speaking to it at earlier public events with some of the Challenges or some of the drawbacks of the governance structure and see how Exactly some of their desires are and are not manifested in that and we don't really have a whole lot of chance to necessarily change that Because again, you need to have a full majority of the council And I think that there are significant number who feel good enough about this to move it forward as is And I'm dubious as to how much that would change in the future There's no guarantee in fact that that would change in terms of The other things that that give me misgivings around this Is that so many of the questions remain unanswered with the with the plan itself meaning that we have a We have not fully weighed a public option We've heard that that that this would work better than a public option But we didn't we the consultants report mentioned it But it did not actually give us a governance structure to weigh it and more over We didn't actually put forward a public option structure before the public to actually get feedback on okay This is how this structure would actually work. This is what a governance would actually look like It was just saying well other cities don't do it like that and you know Maybe we should try we should just do it do it this way because essentially that's how all these other things are structured Well, I think that we could think about doing it a little bit differently And I think that we can't reasonably say that we've done all of our due diligence because we didn't actually Put the two methods side-by-side in a functional way They were considered at a very high level and not actually brought together at a Very specific level next we also have issues around the management letter and the bylaws Which are referenced at different points in the charter But that really a step that are yet to be established in this we have assurances and and this these these sorts of statements around Businesses, you know and and city council control, but really we're voting to create an entity And we don't know key aspects of how that entity is going to function meaning we don't know for instance how the board will be selected And that raises questions for me about who actually is going to get to serve on that board how fair that selection process actually is What the balance between local and chain businesses might be in that? Just really wanting to make sure that we're doing our due diligence given that we are seeding Significant, I think Democratic control over this by giving this unelected board an opportunity to name folks We need to really understand how it is that those folks are being appointed to this board and who exactly of these broadly defined categories will actually be Serving on this board because I think that the characterization has largely been that this will be you know Your local mom and pops well We have absolutely no guarantee in the language because we don't have the the the bylaws Are written or established to suggest that we also don't have we have assurances around the The services that that might be provided, but we don't actually have definition of the functional aspects of things like the ambassador program That's contemplated so that you know, I think raises concerns about How that's going to actually be managed and maintained and once you start of all rolling I think it's much easier to continue along that path However, when we're have when we're considering making such a fundamental shift would suggest that we need to have those assurances Front and center so that we can really have the public be confident that this will not that this particular Downtown investment district will not manifest some of the harms that we've seen Rested upon other communities that have gone in a similar direction in addition to that We don't have a full understanding of the abatement process and how the abatement process is going to work it just talks about sort of a general board and Board structure, but we don't actually have the The process laid out of how the people are appointed and and things like that within the abatement process So there's key details really that remain as yet unanswered and that I don't feel like we have really a chance to fully Way because we're moving so fast on this and I think when we move fast we make mistakes But I think that there's a broader a broader point at hand, which is that when we have When we have this this change happening so quickly and we're not getting a whole lot of resident input We didn't really hear any residents come out who any specific residents who didn't have an interest in Existing structures come out in favor of this I think it's difficult to say that we have consensus around this and I think that we could if we took more time I think that it's difficult to want to give so much power to business owners meaning nine out of 13 seats To business owners or property owners that to me feels like an uneven balance and that that will Create uneven representation of interests on the board and an imbalance within our downtown in terms of interest because Well, I love our local businesses I don't think that they that their interests always align with every members of the public's in the way that we that we Sort of balance those interests through democratic structures And so we need to make sure that we're creating opportunities for balance and by giving so much influence to business I think we tip the scales in favor of that and really I think Prevent a lot of folks from from weighing in and having the control that they have over a downtown that they love so much But that some folks at least in in the old north end feel like is increasingly not for them Is increasingly about sort of the high-end specialty retail? Type type businesses Not being able to really access it and so I think that we need to create Opportunities to represent a broad segment of voices and not just hand this over to a Significant majority of business and property. Thank you. So I'll be opposing this. Thank you. Thank you. Councillor Tracy Councillor jang is up next. I do want to make a brief statement as council president first The the recess so that the public sort of understands I don't think anybody minds that I'm is that there's concern that Councillors feel like if if It takes seven votes to move anything it takes seven votes for us to move this tonight But councillors are also understanding that if they decide that they want to not support this It will not take six votes, but it will in fact take seven votes also to withdraw this From the ballot on January 28th or the end our last opportunity What I am am giving my word to and I hope that my word is good with everybody is If there is six no votes I will join with the six no votes and defeat this from going on the council and That's I say this as a supporter of this proposal, but if if in fact over the next Several weeks for jimrit December 17th January 28th being the final day If we can't convince a majority of the council that this should go on the ballot if we have six no votes Then we're not ready Then to me that's just the reality despite the fact that I may think it's ready If six people don't then I I'm giving my word to those councillors if we're moving forward tonight In good faith that I will I will join in the six Because I really do think that if six can't come around to it then we're not ready for it with that I will turn it over council jane councillor jane you have the floor and then the mayor Thank you very much president and I'll be very short and just wanted to talk about For us to not forget the hard work of the just street marketplace the work that they do I think is imperative is is wonderful and at the same time just to the markets place is somewhat a city department and you also have The reasons why did I think one of them is safety and it sounded like the police is not doing their job here that's how it sounds to me and In some time I hear we need to have this park patrol, you know state ambassador program So we already have what we call the park patrol people in in in Burlington There is not anything that the idea would do that just street is not already doing There is not We have the cleanest city In the state very clean, especially our downtown There is not something that The idea would do just street is not doing and I do understand and I really have shared the Sentiments of the woman who were just right here talking about she's willing to take more money from her business and put it here I am open to that concept of extending just street marketplace But at the same time, I don't feel like this is ready to go to the ballot I don't see new north vendors people knocked on my door asking me about what's up with the moron What's up? With memorial, but nobody know what DID is Nobody reason why I did ask this question last time How do we want to make sure we put this as an advisory ballot? I am open to that I am not saying DID should die tonight, but I'm saying DID should wait until next year All of these questions that were asked here We have 12 months to work on them and in 2020 we can put it on the ballot. Everybody will feel good about it I don't feel good voting on this tonight. I am open if we can Send it as an advisory ballot, but not as a mandate Those are things that I just needed to say. Thank you. Thank you. Councillor Jang We have the mayor and then council roof and then I'm going to Counselor Shannon wants to make another brief remark and then we're going to move toward a vote count mr. Mayor Thank You personal right Appreciate the opportunity to share a few thoughts first I do want to thank the large number of people who have been involved in Making this debate possible tonight by working on this really For the better part of two years a very large committee that was set up and that has been chaired by council roof and then in And then council roofs own work on this has really been quite remarkable enormous amount of effort and I also want to thank see attorney Eileen Blackwood who has really done the heavy lifting In for weeks now with actually creating quite a bit of both about language and supporting materials for us to have What is I think anything but a rush debate a very deliberate? Rich discussion about Moving this forward. I also want to thank the group of people that we've heard from I think many for the first time tonight Who came out to talk about housing issues? We haven't seen that kind of Passion for housing issues in these chambers very often and as someone who has really spent Pretty much my whole professional career working on affordable housing believing importance that really the leading Issue that we face in the city is in Maywe's our housing issue a welcome your energy and passion I would really love the opportunity to sit down you with you In another forum and see if we can if there's some common ground I hear that you have some disagreement with some of the way we approach it But maybe there'd be some areas where we can meet common ground as well And I want to make sure it's clear that the Way that this proposal has been crafted has been designed explicitly to Try to avoid adding to the housing burden that too many people In our community face and let's just make sure that the facts are clear on this the decision was made over the last couple of weeks to take Residential properties out of the properties that would get a special assessment That includes mixed use mixed use properties where there are partial commercial partial residential the residential square footage will be Subdracted and I think that really came From a sense that although in some parts of the country residential properties do pay in because there are some benefits to residential properties that We have such an acute housing cost issue here that we didn't want to do anything that would directly Increase those costs I think there's a fair Additional point that we've really heard tonight that you know over the next month I think we probably should grapple with more that maybe somehow the existence of a an improvement district can Raise rents by but I really think what that comes down to is that These improvement districts if they work make the that part of a city a more successful and appealing place and that that has some impacts on the properties that are in there and I think that speaks to why we are having this debate is that these districts active management of districts do work and they make They make for an improvement in the quality Of that part of the city and I don't think we should It would be sadden me. I think if we Turned away out of a fear of a of an indirect impact on housing costs We didn't seize an opportunity to make our city better. I think there are other things that we can do and that we need to do To address our housing crisis in other ways So I do believe this really this comes down to and the tonight's debate and hearing from the kind of founding Actors of the church few marketplace. I think of how clarified this debate I think they're this comes down to three big questions about whether we should go forward with this one Do we believe that our downtown faces new threats and that keeping it strong requires vigilance and I think there's Broad agreement in that and I think most of us at this table and answer yes to that do we think active management of the downtown will help us address those threats and There too, I think there's a lot of consensus and I think some of the testimony we heard tonight from people who've been involved in the marketplace for a long time really Speaks to that being the answer to that being yes and then we come down to this last one, which I know is a sticking point for for People at this table, you know is this Proposal is it democratic enough and I appreciate the way Council Pine Ask that question and it's I think it's a fair question and I think there too I just want to make sure it's clear to the public that as this proposal has been crafted Over recent months that there has been a lot of mindfulness put towards Towards that question, which is not to say it's been necessarily answered completely enough And perhaps there are things that can be done to take it even further in this direction over the next month and a half Before this needs to be finalized, but to hit some of the highlights the And that goes specifically to some questions raised the council will have approval over the bylaws And then the management plan that will this new entity Will undertake absolutely that council will be at the heart of that decision-making process. How else? Have we tried to craft this in a way to be democratic the Board the the city council With the mayor presiding will determine the majority of the board forever going forward by charter language And I do think it's important. It's been sort of taken. It's been stated a couple times that Of that board nine of them nine of those people will be business owners I think it's worth pointing out that the way you get to that nine There are four that will be business owners five will be Property owners and there's no more definition than that that's given to that that could be that could be defined as a Someone who owns a triplex is a property owner and would qualify as someone who either if the council felt there was too Strong a business voice that was starting to be represented on this board It could take steps to put other types of property owners that are not merchants for example on the board the council retains the power of the purse going forward the budget budget approval approval of the Taxation essentially that will be associated with this new nonprofit Again, we've worked very hard and again, I think Eileen has really Put a lot of substance behind this Maybe not answering every detail because we are talking about charter language. I think it would be You know problematic to try to answer every possible question that will eventually need to be answered in the charter itself We are trying to approve Charter language, but Eileen has worked to Be very clear delineate very clearly what the responsibilities of the board will be and what the responsibilities of The city will continue to be and it's really for my perspective no way to read that those relative lists as any Public authority being Divested from the city council and given to this and given to this body and then finally of course We retain the right to if somehow this evolves in a way We don't like if the ball gets rolling and we don't like where it goes That this will sunset and it will require Democratic action to renew it so I think it's a great deal of democracy in this proposal Welcome the debate over the next month and a half as to whether there's ways to add more to that. I do Fear that if we go much That we I guess I hope that we will be mindful of how much has effort has been made to put democracy into this proposal already and in that and that there'll be mindfulness of the risk that if we go further that this effort will be killed and That as we've heard tonight. It could be a long time before There's again another effort to do what you know Many people thought should have been done from the start of create an active management system for the whole downtown That's a rare opportunity If we just say let's do it a year or two from now It's very likely that that kind of energy and support will not coalesce There's been a huge amount of work that's gone into getting it to this point. Let's not miss this opportunity Thanks, president. Thank you. Thank you, mr. Mayor. So it's been a good vigorous passionate and civil debate and I think that the points of concern have been made very well I think that the points and support have been made very well I have two more counselors and I would really like to move this toward a vote to a vote after that And I will recognize the two that were in the queue for I really hope that these will be brief comments I think that every point has been covered council roof and then counselor Shannon the only point that I'll make will be on the compromise that was struck during the recess and That and just share that I support and endorse this this setup and I just want to commend folks who Who did learn new information identified an issue? Thank you for calling the recess and we when we worked through it And I agree with the contemplation from president right that if we can't get to seven This should not move forward on some Technicality because we have for some reason an even number of city counselors and we find ourselves in the situation sometime So I support that move. I'm glad that we were able to keep our heads identify a solution And I look forward to engaging over the next few weeks To see where we're at on the 28th. Thank you. Thank you counselor roof counselor Shannon Thank you. I just wanted to respond to some of this discussion because I think it's important that this is going to a public vote And it's important that the public is is informed We don't have the details because this is charter language that we're talking about and the charter is not easily Reversed the details are are really never included in charter language because the details need to be more flexible The details are in the bylaws the management plan and the budget all of which require council approval Also with regards to the report the draft report. I believe was issued in June and the final report was Was released in August Unlike our normal process We made a decision as a council that this would not go directly to the charter change committee But you spent a good bit of time in the board of finance because of the broad political balance that that the board of finance provides um There was some comment about having a comparison with with the existing church Street Marketplace, which actually are redlined The red line Charter change does provide and to assure you that the Charter change committee Reviewed this language line by line and very carefully and made every effort to address Both new concerns that came up when we saw the language as well as the concerns Expressed by this body. Thank you. Thank you councillor Shannon We'll have the vote now and and we just however the vote comes out We know that there is there's work to be done before For January 28th meeting. I am actually going to ask for a roll call on this this important vote So with the city with the clerk's office, please call the roll Mr. Bush are yes Counselor Dean. Yes, that's a heart net. Yes, that's a no-dow. No, that's a Mason. Yes Counselor Paul. Yes Counselor Pine. Yes, that's a roof. Yes Counselor Shannon. Yes Counselor Tracy President right? Yes The resolution passes and we'll move forward to the next stage on the downtown improvement district Thank you very much, and we will now move forward to item 5.04 and this is another Charter change resolution Dealing with the creation of a department of permitting and inspections And a little bit more there, but I will recognize again the Charter change committee chair to move this councillor Shannon I'd like to move that we waive the reading and adopt the resolution and ask for the floor back briefly moved by councillor Shannon seconded by Councilor Nodell councillor councillor Shannon you have the floor back Thank You president right I Just want to note that this has been a very long time goal of the of the city To have permit reform and the reason it hasn't happened for so long is because it's very difficult I Think it was difficult to break down the silos of city government where you had to coordinate between All the various departments that that touch permitting and and enforcement in order to get to where we are it was identified in the housing action plan and It was four years ago that we had the original Resolution resolution asking for a complete overhaul of the city's permitting Process and that was sponsored by councillors Hartnett Nodell and Wright We're solving a long time problem in permitting Any homeowner who has tried to replace a garage or put an addition on has certainly experienced these problems Interestingly the large developers are probably better prepared to handle our existing fractured system than is the average homeowner Our intention was to make the process much more user-friendly For the developer, but even more so for the average homeowner I'd like to thank all of the city staff that worked collaboratively to figure out how to make this work and to Make a lot of compromises in that in that process. I think that it's really Impressive and speaks very well for the leadership in the departments of of planning code enforcement DPW building permits And our zoning administration The additional we did have a lot of debate about the merger of Ceto and planning Ultimately that was that proposal was abandoned and It seemed to be the will of the council that We not go forward with that at this time It was the recommendation of the Charter Change Committee that we review that part of the decision in a year And I think that that was also the recommendation of the Planning Commission That we take another look at that at this in a year the the one piece of this that is that remains a Little bit more controversial and I know that there are a couple of counselors that that absolutely don't like it is that the mayor would Appoint the planning director in addition to an inspection services director a I'm sorry a director of permitting and inspections a zoning direct administrative officer and That part of it I don't know that there's a lot of compromise there. I Am aware that the the committee was aware that the Planning Commission Recommended that we look at that piece in a year as well It was the recommendation of the majority of the Charter Change Committee that we go forward with the Having the mayor and city council Appoint the planning director at this time Based on what we believe to be the will of the majority of the council and we wanted to bring to you What we believed that you wanted with that regard. That's why There was a pullback on the the merger So I'm sorry. I know that that piece of it does not make everybody happy I know that historically we have separated the mayor's office from the Appointment of the planning director But I think that there are so many other safeguards in place with regards to that and a lot of the concern in The past about that piece has actually been more with the zoning part where there's control over the boards because for any development project that might be put forward by the city it requires the Approval of our of our boards Particularly the development review board And conservation board So there's a lot of process involved for any large development And I think that really is where the protection comes from rather than through the appointment process But it also gives the council authority over that not just not just the mayor alone. So with that I'll Go I'll I think bill ward is here to help answer any questions that I may not be able to if you want Yes, him come up that councillor to the council. Thank you. I would actually like to have also director Lunderville Come up and if anybody else would like to come up as well David whites on his way up Director Spencer, let's have the whole team come up and if you know and Maybe hear a little bit from you. I think we we've heard from you But let's hear a little bit more and if there are any questions for the team before we start though I want to say one thing and that is I know that the mayor Worked very hard to convince director Lunderville to stay on longer And I had to say knowing that the mayor was working very hard. I took my own crack at it But I think we have both failed on that front and my understanding is this is the last meeting that we will be seeing director Lunderville here In front of the council and so I just want to on behalf of the city council. Thank you director Lunderville for your service Obviously running BED before and and now your service over these last several months and leading us forward on several fronts at CEDO So thank you very much and and now we're going to grill you Okay Do you want to just see if there are questions or does anybody want to make a few remarks? I'll be brief. I will just say that most of What you heard from councillor Shannon is a very accurate portrayal. We've had great meetings to Not only at the charter change committee But in the years leading up to this from that resolution of the soup-to-nuts change that the council was asking and the administration has been working on We've been working very hard to try and try and find a system that brings accountability to a system that The staff works really hard within the existing system, but there are some Inefficiencies that are just clear because there lacks a single point of accountability the charter change that you have adds that single point of accountability in it and I was going to add specifically where it relates to the new department because there were a lot of There's a lot of give-and-take within this So we're going to be joining the zoning staff along with the code staff and the trades team from the Department of Public Works under this charter one of the unique pieces of that along with the director which would be appointed by the mayor and The approval from the city council annually The department would include a zoning administrator who's responsible for the enforcement aspect of the zoning ordinance That person could either either under this charter be the department head of the permitting and inspections department Or it could be Directly appointed as the zoning administrator the person who's filling in that in that position Currently the way that works is that David is the zoning administrator in the planning and zoning department and he has delegated that authority to Scott Gustin who serves as the zoning administrator So the value of having a mayoral appointed position within the permitting and inspections department keeps that single point of accountability and it doesn't have two different areas or an approval from the Planning Commission someone if Scott was approved by the Planning Commission and acted in a position that was answerable to the department head It creates a potential conflict It's the most logical way to have that maintains a single point of accountability throughout the department And I'll let David speak specifically on the planning position It's certainly in both cases whether it's the permitting side of the equation or the or the Planning side of the equation having a clear line of accountability Ultimately leading to a single point, which is the mayor that leads the administration Makes the most sense from a good governance standpoint, you know my my job as as Planning director is really to help the elected officials of the city fulfill Division for the city. It's not my vision of the city as an independent Department head That that's really where I think it makes the most sense that that all these positions come under the same Chain of command if you will and we are all pulling in the same direction to get the work done in the city Thank you other comments If not, I'll open up to the council for comments and questions and I'll just get off by saying again Thank you to the team. I think I am I think we all are impressed with the great work That's been done and a willingness for Everybody to work together to find the system that works best for citizens and regardless of whether it was Great for your own department even so Mr. President, I just might mention we're missing one of our great teammates here Brian Lowe who's Ben our captain through through this process and he would be here tonight if not for Issues having with his help, but he wants to send his best and thank the council for all Their time and attention on this. Thank you for pointing that out. He did make a brief appearance tonight at the board of finance But I know he's had pneumonia so we are Hoping he's home and glad that he is home resting actually Let's Yep, just a few more brief comments norm I think what's important to this process to improve the efficiency of the program is really to have Employees are doing the work work closely together Understand to appreciate the challenges and be able to communicate closely when they encounter problem and challenges of servicing the customer itself That is a critical piece that puzzle Thank You norm Okay, let's open it up to the council now. I have councillor Jang first then councillor Busher and then councillor Pine No, and I think the council. Thank you president. I think the council unanimous. That's what I think that we like that Permit reform. I think everything, you know, it's a great idea But I just wanted to know what the planning commission think about Allowing the mayor to make the appointment of the planning director I just wanted to hear from you guys You're happy to answer that the planning commission met last week to specifically discuss this proposal and When it came to the specific question of the appointment process for the planning director Their recommendation was that we hold off or that the council hold off And not do it straight away. They they saw Through their discussion that there was there was merit to the argument for why it should be a mayoral appointment versus An independent position, but at this time they they felt like There's so much change Going on right now relative to the divi dividing our department into two parts the creation of the permitting department the What the result is for the planning department that the mayoral appointment was just Adding too many questions and they suggested that it be That that piece of the question be held So basically no Recommendations or that their recommendation was that it would not be a mayoral appointment at this time. Thank you That's what I wanted to know, but thank you Thank You councillor Chiang councillor Busher than Pine and Dean. Thank you very much. I Will not be supporting this and it's not for a lack of staff Educating me explaining answering all my questions And so I thank you for all of that. I Certainly support permit reform. I support the players that you brought together So you're saying what's wrong with you then, you know, why aren't you supporting this? Because I really feel that Permit reform could be housed where you've housed it. It also could have been housed in planning and zoning And I'm going to speak to that a little bit that never really got explored At my level it might have got explored at your level, but it wasn't shared with me why that didn't work I feel very strongly and I identified this immediately When this proposal came forward that I felt that zoning planning and zoning were being ripped apart and that zoning now Needed to be not only in permit reform But really needed to be a component as it always has been for planning and So that doesn't make sense to me the models that you all cited talked about models that integrated planning into CEDO But not one of them and I couldn't find a model that ripped planning and zoning apart I really couldn't so I and you know, I I pride myself in trying to really make the best choices, but I make mistakes and you know I and but I do the best I can so I Have reservations based on this the other thing is that I look at proposals. I look at structure now Director Lunderville, I really respect him and he's a structure man, too And you know he came in and he did a lot with BED and and you had me you had me But this proposal I'm looking at structure and if you look at the players right now And I'm looking at all of the players right now for me But if you look at Scott and Mary too who are going to go down into permit reform They have expertise, but if they leave You know when they're ready to leave. I'm concerned about Will you have that expertise if you've got someone housed down at at DPW and still need to be really part of a team? because the zoning administrator and the planning Director and the department and Really have to work as a team and share ideas and and so I don't see that You know you talked about Efficiencies that you're correcting well, I think you're creating inefficiencies also and and so that is really I mean I've given this a lot of thought and it's not just well That's the way it was and I want to keep it the way it was I'm really trying to point out to all of you where I think This model may fail us over time So, you know, I really feel like I'm just feeling that over time there'll be a loss of expertise and There will be a disconnect between planning and zoning that I don't think will serve us. Well, I think that The other thing I wanted to say is that That I don't understand the need for the mayor Sorry, mr. Mayor, but I don't understand the need for you to appoint the zoning administrator and the director of planning I understood you explained that somewhat to me tonight But I still don't I still don't feel like that is That doesn't resonate for me so well I need more time to think about that, but I'm not the planning director the zoning administrator and I want to thank you Bill Ward for making those comments But I really don't feel that I don't think that's in our best interest I've always felt that I need to understand I thought I I understood from the state because I spent a lot of time because I helped create the conservation board I tried to to understand where the state saw planning and zoning and conservation and trying to keep them separate from the the political arm of the city and so not having the mayor or Appoint them to give some autonomy So I still feel like that is something that I wanted to retain and have more time to consider and Understand I think the model that you're putting forward would work without the mayoral appointment of those two positions So reluctantly I'm not going to support this and that really hurts because I want the community to know I think that the model for permit reform Excluding the splitting of planning and zoning is a good one. So thank you. Thank you. Councillor Bursher. I have a councillor pine Dean Shannon Tracy no dell and heart now heart in it and no Dell Thank you. Mr. Mayor pine first At a time like this, I think mr. Mayor mr. President. Sorry At a time like this, I think it's good to remember Where we've come as a city in terms of city structure and city departments and Councillor Bursher was actually commissioner Bursher before she was a public works commissioner She was on a board called the traffic commission because there were there was a traffic department with its own department head a streets Department a public health and safety department a water department and a wastewater department and there were some activities That are under bills jurisdiction now that were just sort of Waged into some of those departments and then there was recycling which was kind of handled by streets. Anyway, we created DPW in the mid 1980s because it was a better way to deliver services to our citizens And that's really what we're supposed to be doing is deliver the best service for the the best value We can possibly give the taxpayers and the voters of Burlington. I Believe that what you've come up with is As I said the press it's the Gordy and not you've cut that Gordy and not through something just creative and innovative as far as how to Deliver the services that you all are separately providing now What I would ask is how how would you well? I'm gonna ask maybe each of you but but bill for sure How would you sort of define the? Charge or the mission of this new department having brought three separate functions into one Sure the so the main charge of the department will be to make the process easier for Citizens to get through the permitting process. That's as simple as I could get It's not just locating these three entities in one place There are a number of other things that will happen as a natural course of working side-by-side with one another But this is really just the one first big step we have started the training process already because we recognize that Regardless of what happens with the charter change the departments need to find a better way to Co-operate with one another so that it benefits the citizens so for July I'm sorry January 10th and 11th the offices will be closed so that the teams will be working together with the Some folks who do lean training so that we can again focus on our own individual processes how they Impact the other departments for the benefit of the citizen So again the the co-location is just the simple step of putting the people together That's a lot simpler than many the other things that will happen after that But throughout that will be continuing to evolve as a department and I'm not sure if Celia is still here But we will continue to have the citizen advisory committee working with us To see that some of those additional changes happen because there are ways to streamline the process in addition to the one-stop shop by finding ways to eliminate not only the unnecessary steps but the unnecessary permits in some cases the duplication of effort on both staff and The steps the citizens have to to take and I think I don't want to divert too much from your question But I think it's an important part that may go back to what counselor busher was asking that along with the benefits for the Citizens they'll be benefits for the staff members as well because it's incredibly frustrating Part of the reason when the mayor asked me Initially, I most people would say why in the world would you say yes and potentially take that job bill? I do not want to continue working within this current system It is incredibly frustrating to have to explain to citizens when they are Asking for An explanation about why couldn't this have been changed sooner? Because it's not under my direct control and I think norm and Chapin and David could say the same things about their parts We occasionally get questions that are caught up in that not counselor And until you have a way to streamline that and someone who is accountable for answering all of that I don't think that you're gonna have a Simpler answer than at least getting this first step down the road So to go to the point about getting the planning and the zoning people still working together yes, they will be physically separated by the distance between Pine and City Hall, but I think the natural connection between those folks So for example, Mary and Scott their heart is still in planning so they will be here They will be participating regularly in planning commission meetings as I will But we will not be making citizens make that's that trip back and forth We will be having to do that as staff members and we're ready to do it done it tonight I do it on a number of occasions. They would be ready to do that But we will not be asking citizens to do that anymore great And I have just one picky detail of this and I'll be I'll be blunt about it It is that renters constitute 60% of our population and they pay Through their rents a hundred dollars a year for their apartment registration fee And I want to make sure we all remember that that is intended to protect tenants From their structures and this the unsafe conditions that people live in It's intended to enforce that piece and I I'm gonna watch it carefully to make sure that it keeps funding that So that it doesn't get diverted to other activities, which are equally perhaps important But I don't think tenants should be paying out of their pockets out of you know Given that renters are as high as they are that needs to be protected. It's sacrosanct and I hope you all will share that as well Thanks. Thank you. Councilor Pine Councilor Dean then Tracy Hartnett and Odell Councilor Dean. Thank you president, right I really appreciated the discussion tonight and I appreciate all of you coming here to help us understand and Provide further detail. I think to short points I want to wait make one is that you know for citizens in Burlington often they don't watch us on TV They don't watch us in channel 17 They don't come out here to to to see the council debate They don't participate in government necessarily But what they do do is they make changes to their homes and they end up having to this is their experience with city government is when they go down to To get a zoning permit and then go subsequently to get a building permit. So I think for us Anything that we can do and this step in particular to make that process easier Reflects on us as a government and it is important. We've talked about this is a one-stop shop a place of accountability a place where The issue or what we're trying to do is solve problems not make it more difficult because certainly the language even as a professional Who deals with the language of the zoning code all the time? It's not easy So when someone comes to it and hasn't spoken that language before it seems arcane it seems almost impossible to understand so to have everyone there working together to make that happen is really a Demonstration of our commitment to the citizens of Burlington. So I think this is the right move to take then the one final point I'd like to make is That this is just the start and I think you know director Ward has already made that that point that right now We're giving people the opportunity to collaborate because they will be together and The processes and the things that have gone on in silos for so long now no longer have those silos in place So this is just to start to get everybody together I think that we see we'll see progress as people talk as processes are worked out And I don't see that we need to wait to make this happen It really makes sense for this to move forward and also port this. Thank you. Thank you councillor Dean Councillor Tracy then Hartnett and no doubt Thank You president right and I just want to thank the team As a member of the Charter Change Committee We had a vigorous debate around a variety of aspects of this proposal most specifically the the merger of Cedar and planning and I just Want to thank The administration as well as members of the team before us for really listening to that feedback and understanding that while there I think there is broad consensus around the permit reform aspect of this that that piece was much more problematic for some of us And actually reacting to that and pulling that back and saying we can take a little longer with this I was really worried about the mood the potential implications that that might have in the focus that that might have in addition to not Dealing with some of the changes with Cedar. So I really appreciate that I'm very much in favor of the permit reform aspects of this going door-to-door During election times year after year we hear about this from homeowners who want to put a new window in who want to Make improvements to their homes and having a terrible run around. So this is crucial to achieve that I'm not crazy about the the mayor appointing the The director of planning. I think that some of that has to do with my own Disagreements with this particular mayor around Planning and zoning, but if it was a different mayor, maybe I would see it differently so If that's my feeling then I feel like I kind of have to give a little bit on that And I also feel like I have to give because you all gave a significant part I know you worked hard on getting a merger to put for us and you pulled that back So I got to say thank you for that and I feel like I need to show a little bit of a give here on something That I'm not crazy about In order to do this other thing that is crucial to people that I represent. So thank you for that Thank You councillor Tracy Councillor Hartnett. Thank you. No Dell So for someone who supported perfect reform I'm sorry to say I won't be supporting this resolution tonight. There's charter change I really have been disappointed in the whole process that you know It sounds like we we go around the tables tonight And we think this is the only way that we can make it easier for the customers Which is not not true at all, right? We could have done this many different ways without making some of the changes that we've done here tonight Right and I'll start with the planner You know, I strongly disagree forget about this mayor any mayor We have a great process and we have a Great planning commission that oversees it and has done a fabulous job I think it's telling not one of them not one of the planning commissioners were on board with that change Right and they're the closest to this And unfortunately they were kind of the last ones to be brought into this I mean I went to the planning commission meetings. I think we heard it at the last one I think it was these broadly that said we should have been brought in long before this and they should have been to make these changes and so I'm disappointed and you know city planner to me is long Range planning it's more than three month three years. It's more than six years. It's not one particular person It's not the mayor, right? We have three year terms. It's years out. And so the role of the planning commission is vital and their oversight on planning and zoning is is vital and You know counter Tracy and I might disagree a little bit this it's not this particular mayor I wouldn't want any mayor to have this power I think it's a huge mistake and if we are first saying that's the only way that we can get permanent reform That's just not being truthful to the voters Right and we need permit reform. There's no question about that But you know not this way what we've done is we we've taken planning and zoning that it's actually those two Together have worked well for the city of Burlington, right? And now we've made it political, which I think is very unfortunate and I I'm disappointed. I Think we have something special here in Burlington the way we do things. I Think we have totally disrespected the planning Commission I think it's it's it's telling that none of them are here tonight to support this and We're talking of you know people like Andy Montrell and He's Bradley and I could go right down the list. These aren't people that haven't been involved in our city, right? these are people that give their time and and and effort and and When we talk about we we put you know the team here Well, planning to me is that is part of this team that unfortunately never bought into this We're never brought into it really until the very end and I find that to be very unfortunate And and really what I see this is is a is a power grab by the administration Which I think is unfortunate is that's the only way that we can get permanent reform done in Burlington So I will not be supporting this. Thank you Thank You councillor Hartnett councillor no Dell and then I think we again may be ready for a vote Thank You president right. I'm gonna be a little bit redundant. Let's just like heads up But since I was on the resolutions, I think I was the chair you reminded me I was a chair of the ad hoc committee with yourself and councillor Mason We worked up with now CEO Beth Anderson was doing the heavy lifting with kind of managing a ton of information And I still have I wish I brought it tonight because I do keep everything just these huge Mugga mega Worksheets with a ton of information Analyzing all the workflow and all the processes that people go through so there has been Excellent work done on this I think some of us had an intuitive feeling from the beginning That you were not going to solve the problems without setting up a one-stop shop And I think that that conclusion got got verified the more and more we got into it The stories that we hear from constituents who trying to do very simple makes very simple improvements to their homes I have a constituent has a story about you know what it took to put a fence up at his property and I think he he said he made you know seven trips as in total multiple trips to multiple offices and Got multiple answers to the same question Because people didn't quite know the rules and other places misunderstood So if I think if we don't integrate zoning with the permitting and inspection processing Functions, we won't be fixing that very Core problem and the problem that all of us have heard time and time again over the years We won't be fixing it So change is hard if I'm on the planning commission and I'm losing the ability to hire and fire the director I'm not gonna be happy That's just the reality and I understand that they're not happy But I have for a long long time thought that we needed mayoral appointment of the planning commission We've got we've had great planning directors. We've got great planning But in a way, we've been lucky because the really accountability is just not there when there's a citizen commission That is the hiring and firing entity. There can be great people and we have had great people but That's it's a weak accountability link and we might not always be lucky and we will with it's a better system to have that All the department heads coming up to the mayor and that accountability is right there For when things go wrong, you have a way to address it right now We if we have a disconnect between what the elected officials think should happen and what the planning commission thinks should happen Then we've got a big problem and the planning commission can basically block Things that the elected officials think should happen. So if we want to talk we've been talking a lot about democracy tonight I think this is more democratic. I don't see it as a paragraph I see it as making our system more in in Burlington more democratic more Accountable to elected officials. So thanks for all the great work. I've got 100% confidence that this is going to work we've got great team and and it's people have given up individuals with responsibility have given up some stuff in order to make this happen and that usually does not happen in organizations and I'm thinking of David White and I'm thinking of people in in the in the in Especially but there's he's not the only one who's who's giving up status quo who's giving up every you know a system that they know in order to Do something better and to learn some new things. So I think I think it's a great night and I I'm and I'll be supporting this Strong, I'm strong supporting a strong tonight and and obviously in March as well. Thank you. Thank you Counselor Nodell and we're gonna be ready for a vote, but I am gonna recognize David White for last comment Thank you, Mr. President I wholeheartedly agree with counselor Nodell's comments and just wanted to be sure that The council is clear and my response to a counselor Dan's Question about the planning commission's position on this While the commission itself did not us support the the planning director's appointment as the planning director I very much do support the mayoral appointment really for all the reasons that Counselor Nodell just pointed out and in one other point also to be sure that everybody is clear on that It's the planning commission appointed by you Who makes recommendations around the creation of the city's master plan and the zoning ordinance in the ordinances that implement that master plan? So that independence if you will role of the commission and their statutory responsibilities as a planning commission Remain completely unchanged irregardless of whether or not they have a An appointed staff person or not so just to make that thank you director I built the ward for another quick and I feel like I'd be remiss if I didn't point out You know you have the chair Celia Daly is here from the citizens advisory committee I want to just say that the planning commission I believe was included at the beginning and they were part of that Committee and part of Celia's committee a member was asked to be a part of that and had volunteered to participate in that So I don't know what he brought back to the planning commission or didn't bring back to the planning commission But there was a member of the planning commission who was part of that citizen advisory committee That was part of the resolution that this council voted for thank you. Thank you director Ward and As we go to the vote I just want to again thank the team to thank the citizen advisory committee also for the work that they did and As well councillor no Dell mentioned this but councillor no Dell for chairing the ad hoc committee on permit reform We met before we met when the resolution came out last year Then we met again this year and the first meeting we learned about the open the big issue with open permits and a number of other things so thank you councillor no Dell councillor Mason for serving on that committee as well and Brian Lowe, I hope that you are at home Taking care of yourself, and I know that you're watching the meeting There's can't be anything else on TV that you'd rather be watching than this and with that with the clerk's office. Please call the roll No, yes Counselor Jang yes, sir Hartnett. No, yes sir roof. Yes Counselor Shannon. Yes Counselor Tracy, yes the council president, right? Yes and to I'm sorry ten a's Ten eyes and two days Thank you. So that passes ten to two. Thank you very much, and that will now Move to the next stage Important to hoop pass through tonight, and it will move to the public hearings on the 22nd and the 28th of January Thanks very much item 5.5 is a resolution receiving and referring the recommendation of the joint community development and neighborhood revitalization committee and ordinance committee regarding institutional Zoning excuse me. I've got that wrong counselor pine. I'm going to turn it over to you. I'm screwing those words up I moved to inclusionary zoning. I should have said I Moved to approve the resolution waive the reading and request the floor back after a second second by counselor. No doubt the counselor pine So I want to just address a few points of what this committee which was a joint committee of the City Council Two committees meeting together. I think we got quite a bit done fairly quickly once we were able to get together and the Community development and neighborhood revitalization committee with the ordinance committee was tasked by this council with looking at the recommendations that came from an inclusionary zoning working group that Met at the council's behest over a period of about six months And I'm going to ask counselor Mason to chime in on this brief presentation I'll try and keep it brief given the hour and counsel Nodell who served as the chair of the Inclusionary zoning working group for that period also. I'd like to have her add if if needed Rather than go through all of the recommendations. I think I'll explain what I believe is our next step in the process We had a public hearing last week Was very sparsely attended and that's okay because this process is going to go on for some quite some time and the reason why is because the ordinance related Items on our list will go to the planning commission they will discuss debate draft their own ordinance changes to achieve the recommendations and The ordinance committee will then take those back under consideration and go through their process The other items which don't go to the planning commission will be referred to the community development and neighborhood Revitalization committee and we will undertake a process to go through those and Review each one and see what we can do to implement the ideas so there's a lot of Material in here, and it's probably not a great use of time to go through it all But I wanted to ask counselor Mason as co-chair if he has stuff he'd like to add to this Counselor Mason Thank you president right and thank you counselor pine for that introduction I would just like to start by thanking both counselors pine and Odell for their efforts and getting us to this point It was very apparent to those of us who joined the committee late that much work had gone into this and also thank Cito staff for their work as well The only thing I would add and I'd like to actually make a formal amendment is I should actually back up Is the motion on the floor right now? The motion is on the floor. Okay There was some question I did check and about report back You know sort of what's the next step in terms of timing? I did reach out to the planning commission chair Over the weekend and sort of received back Planning you know, they don't meet again until January The timing that I received back from the chair was that you know, he they would prioritize this over other matters But with their process he expected working with staff it would they would not be able to report back until probably the end of March So, you know, I think I would well, I will make a motion to sort of add at the end of line 35 Excuse me with a respected Excuse me with a requested report back date no later than April 1st of 2019 And with that, I'll stop on the amendment and that's for a second What was the date again? Cousin Mason April 1 of 20 I know we don't have a meeting but they said end of March So I'm just going April 1 2019 Okay, so the amendment is to add that to at the end of line 35 that is correct press report back by April 1st 2019 Seconded by councillor Nodell I would love to do that as a friendly amendment, but I guess we can't so All those in favor of that amendment, please say aye. Hi any opposed that passes unanimously and Counselor Mason, did you still want the floor? No, I will yield the floor. Okay, councillor Nodell Thank You President right. I want to express my appreciation for the strong leadership of councillors Pine and Mason. I really didn't think that we would get our work done This was our deadline and we got it done So it was a real pleasure to work with them and also councillors butcher Roof and Pine and Paul am I missing anybody? I think that's it And just if people do remember we had a present when we before we referred The working group report to the joint committee. There was a presentation on the working groups recommendations and basically the we have It basically adopted those recommendations We've improved them in some ways with the help of the mayor made some suggestions that that were really helpful But essentially the what the working group came up with has remained intact And I just wanted to make a comment based on the what we heard at public forum About, you know, what's an affordable rent and so forth just to kind of remind everybody that inclusionary zoning is is about requiring Developers of new projects to include certain number of affordable Apartments or homes within their development And affordability is based on what's affordable to a household at 65 percent of area median income so if you're at 65 percent of area median income and you Do and you're spending no more than 30 percent of your income on your rent That gives that draw is what drives the rents in the inclusionary zoning ordinance That has been the historic standard and that is preserved. We have not weakened that in any way But inclusionary zoning is not a way to meet the housing needs of People at 50 percent of median income people are trying to make it on minimum wage incomes We are we address those need those housing needs in other ways in the city of Burlington Including through Champlain Housing Trust through the public housing authority through social housing of different kinds Inclusionary zoning is not the tool that serves people who are very very limited income But it meets a need for affordable housing that is not being met by the market. So I just wanted to clarify that I think there are some distinctive aspects to the to the proposal But in case there are questions from other counselors I'll just I'll just leave it at that and as Councillor Pines said there's gonna be lots of opportunity to talk in detail, but I'll just say one more thing Which is I do think that this this the idea that is coming forward to us includes some proposals that will I think spread the benefits of Inclusive neighborhoods to the entire city and I think that is important For us to do as a city. Thank you Thank You councillor nodel councillor pine and then councillor busher and councillor jane Real quick. I know we need to hurry up, but I wanted to just say that the The comment of public forum was a helpful one that pointed out that The council alt I mean the the recommendation to lower the payment in lieu So if a developer comes in and their project is small enough They're able to get a payment in lieu option and the reason why is we heard over and over again They're really small projects have a really hard time making it work They don't pencil out if you will and we were told basically they get abandoned in the cutting room floor all the time And a particular developer was pretty upfront with us that he avoided the ordinance repeatedly by building very large Units in order to build fewer units in his development So he didn't have to comply and he was always able to do that and it didn't feel right But we heard that very clearly so that's not a good thing. He was building three and four bedroom units which catered to primarily students surprise and He otherwise would have built one bedroom units which wouldn't but inclusionary requirement was Onerous enough that pushed that developer into that market condition So we want to avoid unintended consequences and that's why we felt that Taking the payment in lieu for smaller project as a matter of right was a good thing that money going into the housing trust fund Is leveraged by other dollars gets deeper more affordable units at a lower level So we actually get we reach folks that are that are way below the inclusionary income levels as well Thank You councillor pine councillor busher and then councillor jeng So councillor pine referenced one of my points because I also heard the public speak about that but I just wanted to say that there's a lot in this report and And I I feel that people should look at it if they have the time but there'll be a process as was identified that you can attend the CDNR committee or you can go to planning or Planning will refer back to the council and then it will have life in the ordinance committee So there's an opportunity for everyone to get involved in the next steps The payment in lieu option which came from the working group I thought was incredibly creative and what I really liked about it is that if Indeed you're a developer and you're building housing in an area that is devoid of affordable Housing units that you can't opt out you can't say no, I'm not going to build them I'm just going to put money into a fund because Then you would once again just have pockets of the community that had affordable or inclusionary zoning units and other Areas that were devoid. I think that this as councillor nodel said this proposal Spreads out the inclusionary zoning units throughout the city and I think it makes it a Healthier community and a more diverse community and it really speaks to the spirit of what inclusionary zoning is all about It was on the table when I got elected to the city council, you know black hair so it's been around for a long time and I and I think that And so it it's served it the proof is the fact that it works it needed to be beefed up and I really respect the people that came together the housing experts that came together to advise and The committee that I served on it was so educational I have to thank all the councillors for helping to educate me in this process It really was so beneficial. Anyways, thank you very much So we now have a new standard for how long ago I guess she was been around if councillor pusher had black hair It's been around for a long time councillor Chang So yeah, my question is about the process and before that. Thank you for all that are involved I think you know the first exclusionary zoning report was great well-britten and this one I haven't dealt into it yet because I know there are so many next steps But through the process have you consulted any Developers about this and ask their thoughts and also when do you think this whole work will be final like in terms of years? Thank you councillor pine. Can you address that? sure we We had three Active developers on the working group and they participated in the discussion. We we heard a little bit more from Some of the nonprofit housing developers, but also from for-profit developers and You know, I'll be honest some of the developers would like to see this just be done just get rid of it entirely There are definitely developers who'd like to do that That doesn't have a lot of political Support so it seemed like it was better to figure out how to make it more workable and and I think it's a practical solution And it's based on national best practices as well. Oh Boy, I think councillor Mason pointed out that the planning Commission could report back at the end of March Then it's councillor Mason is going to crack the whip on if he's still chairing the ordinance committee by then I guess Well, just to be sorry to jump in we have you know council first reading then I'm assuming refer to ordinance committee hearings back to council for second Reading so there's much additional process I hear that this is a priority and the ordinance committee will do it But I'm at a loss to know whether that's one meeting two meetings or more. So Continue councillor. Yes. How do we ensure the continuity of the same team to keep on getting this done knowing that you know Committees change people change, but how do we Knowing that this timeline will kind of start April 1st and councillor jane Do you have others? I just only because I don't want to keep going back and forth Is that do you have others or is that the final one? Yes, sometimes responses ask, you know, you have other questions, but but I can stop that. Okay Only because I want to get them all out there and then councillor pine can we can respond to all of them councillor pine Really sure that i'm the person to answer that question I think what councillor jane was asking if I Is how do we ensure that we maintain forward momentum if there's going to be changes? Like isn't there a sense of urgency to I think there is and I think that that would be ideal We do have the Reality of the fact that there is an election in march and there's no guarantee who will be back In april good point good point councillor. No doubt. Did you want to give a brief response? I would just offer that I think that this resolution in front of us Does forward some very specific recommendations and ask the planning commission to recommend it So so we're not inviting the planning commission to come up with their own Proposal No, we are saying here. We'd like you to work with this and Give us your thoughts on how we can best implement it and get it back And then so I think that we're setting the policy direction Even if the people change I think we're pretty clearly setting a direction here tonight president. Thank you councillor nodel I'll say councillor jane Thank you councillor dean and then I think we're ready for a vote Thank you president right. I wonder if I might direct a question to councillor nodel I think one of the real positive aspects that we're seeing in the proposal that's before us is the Payment in lieu and the ability of then all projects Even at the small scale to contribute to the housing trust fund and the housing trust fund then is our leverage Our piece that we can use to to attack some of the issues that we have at the at the lower AMI levels So I guess my question is at what point do we it looks as though You know if if we're successful and we see more funds coming more support for the housing trust funds There will be more money to work with Are we going to take a look at the process of how we allocate those funds? Is there going to be some kind of formal understanding of of how additional monies will be Allocated and shared councillor nodel. Can you respond? I'll take us I'll take a stab at it and we'll see if councillors pine or mason Have any thoughts so we didn't really address the housing trust funds operations in in our work If there are significant new funds that go into the housing trust fund I think that's an opportunity for us to You know have a discussion about what's the best way to use those funds Anyone else need to weigh in All right, councillor Dean are you satisfied councillor Dean are you satisfied? Okay, all right, mr. Mr. Mayor. Thank you president right. I just wanted to quickly briefly Thank the committee the big committee for it's hard work on this I do think this is one of the most important housing reforms that we Need to take it's going to result in more permanently affordable housing It's going to result in more housing for people of all income levels And I think a lot of hard work has gone into it. We've been very easy for this process to Go off the off the rails But this committee working with the housing advocates has worked to make sure that didn't happen and I look forward to Doing the administration's part to see that the process moves as quickly as possible from here And then we get this done this has real on the ground impacts It will impact the upcoming construction season I believe if we get this done in a timely way and I hope we can stay focused on it Thanks president right. Thank you mr. Mayor Let's let's go to the vote all those in favor of the resolution. Please say aye Hi any opposed Good work that passes unanimously Item number 5.06 is a it's ratification of a tentative agreement With ask me city attorney blackwood, and I know city attorney blackwood sent out an email To the council a few days ago, and so I'll turn the floor over to city attorney blackwood Yes, I provided the council with a Copy of the contract that we're asking you to approve and there's a resolution before you to approve it If you would like to ask questions about it I would suggest that we go into executive session to do that in case You tell me that you want me to negotiate something different and and premature disclosure would Would negatively affect the city, but if there aren't any questions this contract is I have reviewed the terms of this contract with you in prior sessions and The board of finance also reviewed it and has recommended Approval of this Thank you city attorney blackwood. I'm going to recognize councillor nodell President right. I moved to waive the reading and adopt the resolution Second by councillor busher any discussion Hearing none all those in favor of the resolution. Please say aye. Hi any opposed That passes unanimously. Thank you very much We are Back on the agenda to item number eight And and then nine with the mayor so the city council president and I talked earlier Just real briefly point of order president right. I'm sorry president nodell it has Almost hit 10 30. I thought I was going to get mine out and then oh, sorry, but But go ahead. Okay. I wanted you to have plenty of time Let's let's I let's there's only two items left councillor nodell. I recognize you for a motion I moved to suspend the rules to continue our work to complete items eight and nine Um moved by councillor nodell seconded by councillor roof This requires a two-thirds vote all those in favor of suspension of our rules. Please say aye Any opposed passes unanimously. Thank you councillor nodell So just to conclude my remarks tonight just I want to thank the council councillor jang. Thank you for your comments earlier Very much appreciated and help and move us forward And um, I want to thank the whole council tonight. I think that I know that I'm going home feeling better and sleeping better tonight I think that we I think that we did a better job showing how it can be done And um, uh, it was I think we had good vigorous debates. We had disagreements And we we Well, maybe I should We had disagreements that were that were passionate and we had uh, I think we found some compromise During um a break which I think was good and I appreciate councillor tracy's Asking for that break and and I think that that was we worked through that What I want to announce to the council is um I want to say two things and if anybody Happy belated birthday to sharon busher whose birthday was saturday No, no, councillor nodell you want to lead us in singing I saw you do it at st. John's one night And councillor tracy happy birthday tomorrow so Happy birthday, and if any other almost twins Yes, they're almost the same age too The uh, if any councillor has a birthday, it's come up. Let me know. I feel bad if I miss him but but the the the last announcement that I have is And again, my apologies to to councillors because I've been talking about the implicit bias training for a while and it is important and Uh, frankly, it's it's on me that we haven't done it earlier And we do have a commitment now from curtis reed To do the implicit bias training He I will have to call him again tomorrow I thought he was going to have given me some availability Some dates for availability for him that I will then get to the council And we can pick a date that I hope we can find one that everybody can make Um, I think there will be some other efforts within the administration To do something else But for the council curtis reed will do that and I will be getting to you as soon as As soon as I hopefully very soon like tomorrow with some dates that we can move forward on that so That is not connected to anything else It was in the works and I just frankly had not had not gotten to it But it and that is not a sign of how that it was not very important because because it is so we will be moving forward with that And that concludes my remarks And mr. Mayor Would you please bring us home? Yes, president right. Um, thank you. I uh, you know, I think, um I will be sleeping better tonight as well as will I think Pretty much the the whole administration team In that there this uh With this tonight, we conclude I think a really intense period of work I want to share my appreciation for the team that has worked so hard and appreciation with the council for working through Many many substantive issues over the last couple of months and and I know we still have more work to do But this was a key deadline tonight and to have been able to take decisive action on the business personal property tax on the moran the new moran concept on The d id tonight and permit reform Was really and then as well on the this uh issue that we were working on for a couple years with The inclusionary zoning Changes is just I think one of the most productive periods that I've had the privilege to be Involved with over the last six and a half years and I just want to Thank the women seeing next to me here and behind and All the guys who went home early after the last vote. It's uh, it's it's been a lot of A lot of pressure and thank the council for your work There is one big thing that is still consuming a big part of the city team which is highlight Let me add my Voice to the calls to get get the word out about highlight over the next two weeks. The event is of course two weeks from tonight Get your pink bracelets They are a deal this year. Um, it is only ten dollars For adult tickets and five dollar for child tickets, which is substantially lower than the price had been for the the first night celebrations in recent years And we don't want That payment to be a barrier for anyone who would like to be involved. There's lots of ways to To to get bracelets Without a fee as well if if that's necessary We do need to get the word out. This is something different this year And I think we can do that over the final a couple weeks here And I think it's really going to be exciting. I think it's it's uh, this is really a new for anyone who hasn't started seeing the news. This is a A bca led effort in partnership with signal kitchen Which is a very creative arts organization within the within the city And then the ideas for most of the acts Have been crowdsourced from different groups working Around the city. It's uh, I think it's really Going to be a memorable night And we hope we want to make sure everyone knows about it and we'll see you all On december 31st for a great end of 2018 and kick off of what i'm sure is going to be a great 2019 So thank you president right for this. Thank you. Thank you. Mr. Mayor and as we adjourn tonight's meeting just um Happy holidays to everybody on the city council Merry christmas happy new year in 2019 and Also best wishes to everybody watching on channel 17 tonight and motion to adjourn By councillor dean and seconded by council shannon all those in favor, please say aye. We're adjourned. Thank you