 The local control Commission meeting I'll turn to Commissioner Dean We're in the local control Commission, so we are all Like to move the adoption of the agenda is there a second Commissioner Roof Thank you all in favor of adopting the agenda as presented. Please say aye. Hi That carries unanimously item 2.01. Please I'd like to move the approval of the 2017 2017 2018 first-class restaurant bar and liquor license application contingent upon fire marshal approval and with all standard conditions for The sephond corporation doing business at the scuffer 148 Church Street. Thank you second from Commissioner Tracy any discussion Seeing none all in favor. Please say aye. Hi any opposed the council carries unanimously 2.02 2.02 is the outside consumption permit application for sephond corporation doing business as the scuffer 148 Church Street I'd like to move the approval of the 2017 2018 outside consumption permit application contingent upon Church Street Marketplace Commission approval Thank you second from Commissioner Roof any discussion Seeing none all in favor. Please say aye. Hi any opposed carries unanimously Motion to adjourn Counselor Dean Commissioner Dean moves the adjournment Commissioner Roof seconds it all in favor Hi any opposed we stand adjourned at 7 22 p.m. And please join us in the Pledge of Allegiance The first order of business is the agenda. I'm not showing the updated changes. I'm going back in you've got it there No, I got I had just said to reload. Thank you council roof. Thanks Okay, I would like to to amend in a Make motion to amend and adopt the agenda as follows removed from the consent agenda item communications shape and Spencer director Regarding proposed adjustments of hours to enforcement to the deliberative agenda per councillor busher add to the consent agenda item 3.26 communication Kristen Mary Maryman Shapiro senior project and policy specialist at CEDO regarding EPA assessment Grant application authorization to apply with the motion city council Approved the the authorization of CEDO director Noelle McKay and her designee To apply for and sign any subsequent documents for the EPA assessment grant application per CEDO Add to the agenda item 4.07 resolution adopting city council voting process For selecting a berlington telecom buyer on november 20th 27th 2017 council roof no dell right per council roof Thank you. Is there a second of that motion? councillor dean seconds it Any discussion on the on the motion to amend and adopt the agenda? See none on favor. Please say aye Aye Any opposed then we have our agenda. Thank you very much Um, we will go ahead and get into the public forum start just tiny bit early And we can set the clock for three minutes And we will start with Kelly divine to be followed by charles thorp Hello, i'm kelly divine. I'm the executive director of the berlington business association I'm here to speak about the proposal to Put forward the approval of the form-based code. Um, I know that Several councillors and other members of the committee have worked a long time on this Proposal I want to thank them for that effort I attended the few a few of the meetings and had some of my staff attend them and It was really powerful to see how the committee worked together I think that moving to form-based code has been an idea That Has been on the table for a while going all the way back to plan btv It's really exciting to see plan btv items moving forward I think that it has the possibility to Make a real difference in how we do development downtown so My organization is in principle supportive of the form-based code as approved I've heard from several members and had discussions with folks over the last month or so expressing some concerns about the Um portion of the code that deals with the energy conservation requirements I know that I attended several meetings where the committee spent a lot of time on that as well I'm hoping that following the adoption of the code that Some members of the administration the planning commission can get into dialogue about Adding some further clarifying language to that section There's a couple of codes that are I think interesting that we could consider that could be Part of the code in addition to the requirement for lead gold certification So looking forward to the possibility of having that discussion with the planning commission But basically speaking in support of the code. Thank you Thank you Charles Thorpe to be followed by andrew simon Good evening. My name is Charles Thorpe Wards who I'd like to read you two lines from yahu finance of a couple days ago that I thought was quite interesting This is what this is the lines from yahu finance Colorado state law requires municipalities to hold public referendums before they can provide services like broadband access And as of Tuesday's elections ours technica reports 31 of the state 64 counties have opted to allow local governments to build broadband networks Burlington was ahead of this trend. I hope we don't fall behind in it I urge you to keep burlington telecom local. Thank you very much. Thank you Andrew simon to be followed by barbara me group Good evening. I'm here again to support the kbtl co-op bid for burlington telecom And yes, I do think that this is about the identity of burlington as councillor yang suggested at the last meeting It is about the vision that we have for a city that's more than a corporate tech hub A job creating machine a growth engine a tourist destination I'm supporting the co-op bid despite all the challenges which some of you have exhaustively described Because it best fits the identity I see for our city A bold young center of innovation people who work together and take ownership of and pride in their own creations But the city that I want to live in does not forget the central importance of its water its air Its soil and does not back away from challenges of lawsuits and regulatory approval Does not sell its assets to corporations or investors who offer lucrative packages but have no commitment to this place I want a city with actively engaged residents who want real control over their future We want a voice at the table A share in our own telecom system A chance to help make the important decisions ahead When you take up this issue again, please do not tell burlington residents that the issue is too complex for us to really understand And please don't repeat the topsy turvy argument that I heard at this council That when more people show up to speak out for kbtl that indicates that it's likely that most city voters hold a different position Please don't forget that we are watching what this council does And says And decides in our name I do want to thank you all I do For all the time and the many hours of work that you've put into this issue. I know That you have and I thank you for it However, I expect to work very hard this winter for the candidates who most closely share the vision that I have for our city's identity I invite you I challenge you To embrace that vision by supporting the co-op bid for burlington telecom Thank you Barbara mcgrew and then linda ayer and people just coming in you're welcome to sign up If you would like to speak at public forum, we got started a little bit early Good evening. Um, i'm barbara mcgrew. I'm a downtown resident ward three I'm here to speak about the form base code proposal Form base code is nothing but a scheme to make building easier for developers. That is what the buzzword predictability means Form base code is to architecture. What paint by the numbers is to art We will get bland cookie cutter buildings for the rest of burlington's future It will stifle the creativity that burlington deserves We don't need it the mall the ireland property camby and rye Champlain college dorm and half a dozen other smaller infill projects have been green lighted under present arrangements It is poorly understood After two years of committee hard work and thank you committee lots of meetings which I Attended as well. Do you as counselors really know what form base code will mean for the neighborhoods you represent? Form base code takes into account only density to establish forms and codes Burlington has unique topography sloping down to the lake as it does form base codes does not consider How increased height in the downtown will block views of the lake for everyone up the hill Lastly and perhaps the worst aspect of form base code is the reduction of the role of the development review board and Therefore public voice and input The iterative public process that changes and improves buildings will be curtailed in the interest of making things easier for developers This favoring of the for-profit corporate sector Over the public voice and the public good is alarming as alarming It is after all all that the real issue in the burlington telecom keep The kbtl debate It's boilerplate republican ideology and progressives and democrats who vote for form base codes should be ashamed Thank you. Thank you Nat uh linda air, excuse me and then Charles simpson, sorry about that understandable Hi, i'm linda air and i came to the city in 1969 so you speak right into the mic. Sorry okay linda air i came to this city in 69 to go to uvm Didn't ever see any reason to leave. I've seen the way that people have built healthy organizations Since since that time that thrived to this day And are touted by our officials This includes the union river co-op Which started not according to their history, but it did start in about 71. I think are 70 um The people's free clinic which morphed into the wonderful health center that we have on riverside drive The women's health vermont women's health center that lasted for years Burlington electric peace and justice center which started 37 or eight years ago I urge you to keep bt local. I think that what our residents can do when they work together is amazing and powerful We've got a lot of precedent set that are really important to the city And I hope that you can consider keeping it local. Thank you Thank you Charles simpson Isn't that and he's the last signed up speaker? Good evening Last week council member max trace. He asked the audience if they supported the keep bt local option Virtually everyone of over 100 people raised their hand Every one of your constituents here If we have a democracy that should mean something to the council as a whole I ask you does it Saturday the crossroads vermont conference on social justice Took place at champlain college with senator sanders as the keynote speaker Participating organizations like v perk and others repeated their commitment To a vision of a strong local economy as central to our future Selling bt to a foreign multinational isn't consistent with that vision Thank you. Thank you. Mr. Simpson is the last signed up speaker and so I will close the public forum at this time There will be a public hearing on the form-based code specifically dedicated to that in a in a few minutes Looking for a motion on the consent agenda I move to adopt the consent agenda taking the actions as indicated Councilor roof moves it Councilor busher seconds it any discussion? Seeing none on favor of adopting our consent agenda and take the actions indicated. Please say aye. Hi. Are there any opposed? Seeing none, we will We'll take that action and move on into our deliberative agenda 4.01 is an indoor entertainment permit application permit application for lincoln's 191 college street. Councilor dean. I'd like to move the approval of the 2017-2018 Indoor entertainment permit application for lincoln's 191 college street with the following conditions All city permits need to be closed out and with all standard conditions Thank you second from councilor roof any discussion Seeing none all in favor of that motion. Please say aye Aye. Any opposed? That's unanimous 4.02 Another indoor entertainment permit application councilor dean Yes, I'd like to move the 2017-2018 indoor entertainment permit application for saffon corporation doing business as the scuffer 148 church street with all standard conditions Thank you second from Councilor roof very good Discussion councilor busher Yes, just a question president nodel for the committee members somebody On the second page of the application it said floor shows As could could just could I just have some insight as to what that really means? so councilor busher that the The applicant is a Is I'm sorry, excuse me the applicant who who is asking for floor shows is looking to recreate the scuffer He's a new owner of the business And so he is not he's looking for an opportunity to develop the entertainment You know venue and and offerings In the future We did not specifically question him about what he thought about floor shows, but in general the What we heard from him is going to be very low-key This is not going to be a Some kind of exuberant floor show There is mischief afoot among my fellow councilor. So I'm trying to ask a serious question and there are Comments that are maybe not so serious. So I just wanted to better understand what that really meant. So But It's consistent with I mean the size of the of the establishment is pretty small. So I guess I I think councilor roof has something to add. Oh, okay. Councilor roof. Did you could you had to share some light on the floor shows? I can't be for certain, but I did invest and I think what is intended is burlesque shows on the floor councilor busher So if you're interested, I'd be happy to to attend those with you Councilor busher you all said Yes Message or a sea of council Any other councilor on the uh, this indoor entertainment application See none all in favor of approving it with the those standard conditions. Please say aye Any opposed that carries unanimously 4.03 was the communication that was moved off of our consent agenda And it's from our director of public works. Mr. Spencer Regarding proposed adjustments to hours of enforcement and this was removed by councilor busher. So I will go to council busher Thank you Chapin Spencer came in To see me before the meeting I know he's not feeling well. So I'm not certain If he'll be here. I I told him that I didn't think it was necessarily required But that's really up to him I did have a question which he answered this communication, which is very complete and will be Brought to the public works commission this wednesday for Consideration talks about the hours of enforcement That are currently in existence and a study that has been done that shows A change in those hours Um And so the recommendation in this communication just so that people know what i'm talking about is Currently we enforce from 8 in the morning until 10 at night and the recommendation is to begin enforcement at 9 a.m As opposed to 8 a.m And to end enforcement at 9 p.m It talks in this communication specifically about on street enforcement So like one question for chape and spencer was Does this really mean just on street or does this apply to the uh parking lots in an all parking downtown and he said it applies To all of the parking scenarios in the area that is currently being enforced downtown So if there are parking lots in this area, they will also have those hours scaled back So I wanted that clarity Um So I proceeded to say that although I thought the report was very complete that I have been um Pretty clear in my concern of extending the hours of enforcement Um to where they are right now and I certainly support rolling them back But I thought that the information even could support rolling the back to 8 p.m um and so I Made that comment to him. I felt they were almost as compelling as moving them back to 9 p.m um and then I won't be able to be at the public works commission So I I'm hoping that one of the counselors will make my comments to the commission who will actually act on this But what was really important for me was to have a conversation with him about this year now in burlington with the We're about to embark on some significant changes in construction And I wondered if the committee had talked about Really? That impact and how we could attract or keep people coming downtown Um, I'm concerned about that Um, I work at the hospital and I have I'm really serious about this and it was Very disturbing to me to hear people that I work with say Well, there's hardly any retail downtown anymore So I'm not even going to consider this for my christmas time shopping and I'm I I was I said wait a minute. No the church street is still there. You know, I don't have to argue with all of you You know what's downtown, but I was concerned about this I was concerned that people had said that you know, it's expensive to park And now if I'm not going to combine it with going shut christmas shopping and eating downtown, I might just forego it Um, so I wondered if the committee had thought about how can we be smart about this? I understand there's revenue being generated But I'm saying this to the mayor too that maybe we should be actually offering some more Free parking to make people continue to To encourage people to continue to come down and I'm not talking about it forever But I'm talking about it right now to set the tone that we are okay that you can come down You can access the retail that's down here. You can access restaurants. You can access the flin It's not going to be that disruptive and I think there's a perception and we all know that perception can be reality Um for a lot of people that we are going to be sort of off-limits So my biggest concern is was that thoroughly discussed? Are we forward thinking enough to realize what this could really mean for us and the stores and the restaurants downtown? So I'm really serious about this and want to make sure that this is explored carefully before we act on it Thank you very much Thank you. Councilor busher I think the action is to move to accept the communication and place it on file and I will do that Hoping for that motion. Thank you. So we're waiving the reading accept the communication and place it on file. Is there a second? Councilor dean, thank you any other councilor on this communication council right briefly I just Basically agree with councilor busher I've heard some of the same Concerns expressed by the business community that councilor busher just mentioned and I will try to attend the dpw meeting on wednesday And advocate for I'm glad that it's getting rolled back to nine and increased to nine in the morning But I would like to see if it could be rolled back to eight at least. I think this is discouraging some shoppers I'm hearing it from businesses who are concerned about About this issue. Thank you Thank you. Any other councilor Seeing none all in favor of accepting that communication and place it on file. Please say aye Any opposed? Thank you. Thank you council busher for bringing that to our attention 4.04 is a public hearing regarding berlington's comprehensive development ordinance councilor mason I think the action is to just open the public hearing at this point So I'd like to open up the public hearing on changes to our community our comprehensive development ordinance Z a number 18 dash 01 plan btv downtown code Is there any member of the public who'd like to address the council specifically on These proposed changes to our downtown code Comprehensive development ordinance. This is the form-based code public hearing Okay, seeing none. We will I'll close that public hearing And we will go on to 4.05 which is the ordinance itself Councilor mason. Thank you president nodel. Um, I'd like to make a motion to waive the second reading and adopt z a 1801 plan btv downtown code and I David white and andy montrall are already up at the table And ask for the floor back briefly after a second. Is there a second? councilor dean Councilor mason. Thank you president nodel. Um, it feels like we've been at this point three times now So I'll save the speech That I've given other than to thank both andy and david for your efforts getting to this point And then turn it over to the council if there are any questions for either david or andy Very good. Were you intending to go to them now? Or just go to council for questions going to council questions. Okay The floor is open for the council for debate or questions, etc Councilor shannon Thank you. I just wanted to Speak a little bit to miss magruse statements and I I think I agree with the statement that this form-based code stifles creativity Um, but at the same time, I would say that the creativity has largely been stifled Um in most development projects by existing code by budgets Um and other considerations that all go into The building design and what this does In lieu of that is to Actually force developers to give us better buildings I don't think we're going to design a space needle under the form-based code. In fact, I'm pretty sure it doesn't it's not going to work But It is our hope that this raises the bar for developers not lowers the bar despite the fact that it it Puts more constraints on development um We have tried to create a vision for the downtown And I know I've been When I started on the committee we thought that it might be um, I think it was a couple months we projected, right david Uh, but it's been years We have gone through a tremendous amount of public process. We've been through the npa's several times And I think that this is worth trying for berlington. I will expect that it's going to be Need to be tweaked along the way because it's a fairly dramatic change in our zoning ordinance Um, I don't think the vision for it the vision For it comes directly out of plan btv So it is our community vision that we're trying to execute for through this code And I'm sure we're going to find places where we're successful in doing that and places Where we need to make adjustments, but um We have worked very very hard to make as many of those changes before adopting this and I am Fully supportive and grateful to all of those who served on this committee And the probably close to 50 meetings that we had And thank you especially to our chair andy montrell who Was very very helpful in bringing the process eventually to closure. Thank you Thank you councillor shannon any other councillor councillor busher so um This certainly is a body of work that I know that um, I don't know if it's a labor of love But it's a body of work that I know a lot of people have put a lot of effort into and And I find this um To be as stated predictable But I also find I I have concerns about it And as I look at this I am really thankful that it is not in the residential areas However, it isn't in in form district five. There are some residential areas there So Why am I concerned about this? I'm concerned about and I have from the very beginning Not about the predictability of of um this size of the structure of the height of the structure and and all of the nitty gritty I'm I'm concerned that we as a city Said that we would do this and we would also Adopt this by right which excludes pub the public from having any opportunity To weigh in if it's administratively reviewed and no right to appeal and I feel that That didn't have to happen. We could have done a process where um, the public would have got informed by administrative Approval that could have been on the consent agenda or an informational agenda attached to a drb Somehow or other we could have allowed the public to have a voice if something really was not okay Because they know their neighborhood They know their section of the city that we really needed to bring to people's attention And I'm really concerned about that elimination of our community our residents from having a say about what happens I really am I'm not going to be supporting this and that's very sad for me, but I'm not I don't support it because I don't agree with the height in in either form district six or five I don't as I said agree to the exclusion of the public I don't agree to building to the property line which necessitates The right of going of having to go into the city right of way. We just saw that with the town center There was a Resolution I'm not opposed to that, but I don't think we should be building We shouldn't allow buildings to necessitate going into the right of way. I think that that's not good planning I don't think we should always be encroaching in our right of way I think it occurs it happens and we consider it, but I don't think planning A having a plan that allows that on a regular basis by right is the right thing to do I'm also concerned because as I said the height And the form district five which really is you know wraps around the downtown core I'm concerned that once again now there is going to be added height there And now we're we're removing the buffer from the downtown to now as we move up the hill into the neighborhoods And so once that buffer is gone Then there goes another neighborhood and then there's going to be more rationale for just Losing the residential component and having this height Which may or may not be appropriate? I do agree with counselor shannon that you know you we will learn what's good and what's bad in here And I and I think that Thoughtful people have got together to try to make sure that it does more good than harm And I appreciate that and I respect the people that were on that committee both planners and city counselors. So No complaint there but I really am concerned about the things that I referenced the last thing is that I appreciated the the pictures But when you look at the pictures included And you look with what pictures you look at in our community that allows us to potentially Deal with the multifamily and the size and structure You compare existing you compare the older structures, which are interesting and intricate And then you compare them to the new structure, which is Blocky and ugly and cold and not inviting you can do anything you want with the Doorways to invite people in but a structure that is square and steel and metal And is not interesting doesn't invite me or intrigue me at all So I'm you know, I understand that you can do canopies and I I read it all I mean not every word, but I read most of it and I I'm still not there so I I hope that we do If I know this will pass But I certainly hope that there will be effort to right the wrongs that could Could result from this and I'd really like the planning commission and I know the chair is here Or are you the chair? Sorry Anyways, I'm really hope that you will really take to heart how we can Still engage the public in a more meaningful way. That's probably my biggest concern. Thank you very much Thank you, counsel busher Any other counselor, okay, so we have a motion to Wave the second reading and to adopt this code All in favor of that motion, please say I I Any opposed? No, okay hands for the those in opposition our counselors more Tracy and busher So it carries on a vote of nine to three Very good. Thanks for all the thanks to all for it so much so much good good detailed more Appreciate that 4.06 is a report from kbtl and ting and we've About their work last of the past week And I think mr. Montrell since most of Montrell's here. We asked him if he wouldn't mind giving the report Live and in person We did receive an email on communication on friday, but We appreciate your time. You're being here sure Be happy to give highlights First I just want to acknowledge the resolution that you adopted last week to ask us to do that which I think was really wise because It held out some potential Unfortunately, we weren't able to get there But we had a series of really good meetings with the folks at ting both with their The representative who was here monica web and on the phone with their president elliott noss and it was I think we had a total of three different Meetings with them both all three of them were quite extended. I think they were all really open good discussions We tried hard to come to resolution the mayor's office would Got engaged in this to try to help as well. Peter clavell Stepped in to try to help as well We had a number of different resources that we were working with Again, it was a really good open honest discussions that we had but ultimately We weren't able to get to a point to a place that would work for all of us and So was disappointing that we weren't able to get there, but I do think it was really really well worth the effort of trying so that is a some i'm I think some of the details have been presented already I don't know that you need to go into the details of the discussions themselves, but But there were some really good discussions and Again disappointing. We weren't able to get there, but it wasn't for the lack of a lot of effort by a lot of people Very good. Thank you very much. Mr. Montrell. We really appreciate all the effort that went into those talks we know many people and and Thank you so much. Thank you So we're going to our next item is a is a resolution about the process that we're going to use from here We're just going to take I have a request for a short recess to think through one aspect of it From the city attorney and so then we're going to take a short recess and we'll come back and Counselor roof will move it So come back in 10 5 5 to 10 And we are on Our last item of the deliberative before reports and so forth We have a resolution on adopting a city council voting process for selecting a brolington telecom buyer on november 27th 2017 Counselor roof Thank you, president. Odell. I would like to move the item 4.07 ask for a second in the floor back afterwards for a short comment Thanks, and you're waiving the reading Yes, okay. Thank you. Second is from counselor right Counselor roof, you have the floor Great. Thank you This resolution Articulates an agreeable path forward For the council to follow from today through the 27th where we intend to bring to a close This sales process the resolution In short five points does the following It calls for a group of four counselors to meet To consider options of how the council will proceed With voting during our meeting on the 27th This group is proposed to be president. Odell counselor right counselor mason and myself There was a port. There was a report back date for this friday afternoon It calls for the four bidders to submit their letters of intent no later than Monday the 20th by 9 a.m But the council is requesting that if possible submission of these bids to be Sent by this friday the 17th by 3 p.m It clarifies the roles and standards of negotiation from this point forward which Are to be led by terry dormant Who will advise and inform the council and administration on material developments via email updates It further clarifies under what circumstances counselors May interact with the bidders Next two more left next it calls for our meeting on the 27th to begin early to hold a work session for the purpose of offering Counselors this will be open to the public of course but offering counselors the opportunity to ask questions of the bidders Next finally it it sets a clear It sets in a clear fashion items that will help this council and the public make a fully informed decision on the 27th These items include an independent financial Assessment for all bidders financial performers For all bidders due diligence site visit opportunities for all counselors if requested and Meetings for meetings with bt staff to be set up by steven bear claw to receive feedback On the bidders and a legal analysis and review of all bids This process less far where we found ourselves has been undoubtedly Has undoubtedly has a twist in turns And many in the public have shared with me and I know others Some frustration which is which is understandable Looking forward. I think this resolution lays out how and when we will get to the finish line With that said, I'll just close by noting this resolution was really a collaboration That took effort around folks at this table Included input from every counselor. So I'd like to share my appreciation Around everyone that helped to build this path forward. Thank you Thank you, council roof and the council president Which has expressed her very sincere appreciation for the efforts of council roof and pulling this together and and In a very collaborative way. So I really appreciate it. The floor is open. Council right Thank you, president O'Dell and I as well would thank council roof for the work on this resolution. Happy to cosponsor it Plugs in the details of something of a process that we Set up last Monday, but again, we needed details plugged in to move forward with the process And so I think this is a is a good resolution Say a couple words about as we go forward Like council roof, I have also heard I'm sure we all have heard frustration from the public They want us to finish this I think And I and I would agree. I think it's time to time to get this done time to get her done But I would say not only is it important to get it done but To get it done right for the citizens of burlington in the best way possible The best deal that we possibly can have for the citizens of burlington I do believe that this process moving forward this path forward that we've chosen gives us that opportunity And I will say that for me I think that that It is crucial now that we have a council that is willing to compromise and willing to find common ground Um, I am certainly going to stay open to kbtl I'm going to stay open to if there's if kbtl continues to work with Ting two cows on some kind of a Adventure, I don't know that that's happening But if it did and they found some agreement over the next two weeks, I'd stay open to that I'll stay open to kbtl if they find ways to improve their bid on their own uh, and if ting finds ways to Um address some of the concerns that president odell highlighted last last week. I I also will be excited To hear from zrf over these next two weeks and see Just what the mystery bidder has to offer I'm I'm excited to hear that and I'm also excited to see what shuers Ends up doing as far as uh advancing their loi or changing their loi in some way improving it So I think in the end That whichever company we go with will be a stronger Proposal for this effort. Um, and I One last thing I I know a member of the audience said I I don't know if they're referring to me, but they said that They didn't want to hear anymore talk about the more people that show up for kbtl The more that and that somebody up here was saying the more that meant that the public out there disagreed with them Well, I did say one time that the Um that we couldn't just think that just because everybody showed up for kbtl that meant that's what everybody thinks out there That does not mean though. I don't want people to jump to the conclusion that I'm saying That I know that they think the opposite of you in case that's what somebody thought I said I don't know what everybody thinks out there I think there's a lot of support for kbtl I just know that we've had other instances where Everybody that comes to us thinks thinks things one way and it hasn't always been that way when we actually had a vote from the public Sometimes that didn't match up. I'm not saying that's the case here. I think there clearly is a lot of support for kbtl Um, and I just want to be clear about that. So, uh, I'll finish there. I am excited about Hopefully being able to wrap this up in two weeks and getting the best possible deal for brodingen. Thank you Thank you councilors open council shannon Thank you president. No dell I'll keep my comments to the resolution before us and not share with you my opinion about bitters at this time um I'm a deadline oriented person and I Don't really like fuzzy deadlines and I apologize. I know there's been a lot of back and forth today and A lot of it was looking on my phone and there is something in here Um, it says be it further resolved that the bitters are to submit updated letters of intent no later than november 20th at 9 a.m But preferably by november 17th at 3 p.m And it seems to me that the You know with Thanksgiving week next week the public really needs as much time as possible Uh, you know, nobody has any idea what this zrf offer is um offers may change And we need more time for for review And I wondered if there was a reason that we could not just be clear to say That the deadline is november 17th 3 p.m. Which would be this friday Um, which gives a public kind of three days over over the weekend before we get into the thanksgiving holiday to review the offers um, and if there's A reason that we have to have this we want you to We want me to do it on friday, but we'll let you do it on monday It seems to me people would then submit it on monday mostly I don't know who wants to respond. I think i think councillor if we're you interested in I'm i'm happy to thank you to address, uh, how we reached that language or how that language was reached Um, there was a very there were varied opinions on what day would be best And I think that's reasonable assuming that we're trying to balance Giving enough time for bidders to get their their best foot forward and with of course, uh, giving as much Time for the public and frankly ourselves to review the bid So I think the middle ground was that's to be very clear And I think we can use this as an opportunity to be very clear With bidders that are out there. Where are you that we we It is beneficial for This council and for the public to receive the bids as soon as possible It would be great if you could send them before friday We are on a tight schedule here and the more time the better For all bidders But we did have to try to find a way and and with the lack of opportunity to communicate with every bidder That friday was something they could do we extended it slightly through uh through the weekend. So it's a bit of a compromise um, I might have a Uh amendment on that at the end of my comments, but I'll move on to my other question, which is um About the council communications Council communication I'm not finding it right now, but um counselors need to communicate We're not supposed to communicate with the bidders except If terry dorman and the city attorney are copied And I wondered what at this point What communications i'm concerned about inappropriate communications and What why does the council need to be communicating directly with bidders at all? Why would we not be Working through our hired negotiator terry dorman for this purpose And if anybody can enlighten me as to the types of communications that might be needed and appropriate and allowed under this I would just like to point out that the Exact language is not about copying. I just wanted for the purpose of information It says we resolved that no individual counselors shall be in contact with any bidder Individually for the remainder of this process without informing the city attorney and terry dorman um So the is the intent that you would inform One would a counselor would inform the city attorney and mr. dorman in advance or Can the city attorney just kind of talk about how she would see that working? um Yes, I would really think that if somebody felt the need to to contact a bidder that they would Inform particularly terry ahead of time I mean I I will be clear that my feeling is that no one should be no counselors should Individually be count contacting bidders, but should if you have questions you should go through terry But at the same time I understand there was some real concern about counselors wanting to have the option to be able to to Um Ask questions directly and and if so then I think it would be Particularly terry to let him know because you're not always going to know right at the moment what the state of the negotiation is and And a counselor's contact with a bidder might throw something off that he's working on Yes, councillor shannon. You still look great. Thank you. So I would like to offer Two well, I'll offer it as one amendment and if The council would like to divide the question. That's That would be reasonable So the my first amendment would be Online 23 to change in the Bidders are to submit updated letters of intent no later than november 17th at 3 p.m Which would be this friday Let's just take these individually. Okay. Okay. Is there a second to that motion? Fails for lack of a second. Okay. I want to your other amendment. My other amendment is I have to find it again um Line 26 be it further resolved that no individual counts individual city councillor shall be in contact with any bidder Individually for the remainder of this process period omitting the without informing the city attorney and terry dormant Thank you. Is there a second to that motion? To amend councillor dean seconds that motion to amend So now the the amendment is to delete the clause without informing the city attorney and terry dormant So there is an outright prohibition on any contact between any individual city councillor and any bidder Individually for the remainder of the process. So that's been seconded by councillor dean Um councillor stan, did you want to speak to that amendment? Did you want to speak to it? I think I think I've spoken to it I think that it's just cleaner if we end We will all know what the conversations are if we go through terry dormant to have these conversations who will You know if there are questions to be asked and they're very well could be but let's go through the right process to do that I think it's fair Floor's open council. I have tracy then hartnett. So I have a question for the maker president nodell if that's Allowable that is Counselor shannon, I'm wondering why count why only counselors are prohibited from that and why that wouldn't also apply to the administration Counselor shannon we you willing to respond sure Um, generally the mayor is part of the administration that does Work on these things and there are many cases where it's not appropriate for 12 city councillors to be having the same conversations as the mayor So I do think that it's uh The mayor cannot be prohibited from From talking to people, but I think that we could show the discipline to We can still have communications, but that we should go through our negotiator terry dormant. Thank you Counselor tracy still has the floor you said Okay, great. Counselor hartnett. Thank you. Um I'm okay. I think with that a minute Uh Although I think Terry it needs to be clear that terry's representing us and not the mayor Which I think has been in question quite honestly So I think that's where counselor tracy's concern is and I quite honestly don't blame him So terry needs to know that he represents us Secondly if we're going to do this I think it's clear that we need to Maybe on the 21st, which is a tuesday I think have terry up here in broonton available to us So we can meet with terry if there is questions Okay, so we need to have some communication with terry. So if we could work that out um Somehow that terry could give us a commitment that he would be here for us Uh on tuesday possibly wednesday. I know it's a holiday week But uh, I think it's important that we have access to terry So that would be just a clear request if if mr. Dorman could be available at some point We could not have seven counselors within at one time But the idea would be that mr. Dorman could kind of hold some office hours And so if people if counselors had questions about any bids There would be an opportunity to interact with him face to face So we're still on discussion on the sec on the motion to amend and I'm going to keep going and come back to you Counselor shannon question about what you just said Oh, yes The I wondered if we might be able to have actually have it warned So that he could So it could be a public meeting and he would be available or if You're thinking that Yeah, so we could all all come. Okay. So well if we do yeah, we'll If we do it as a formal meeting we'll warn it but it may be difficult to get that scheduled so And and the mayor would need to call it So counsel hard. Are you all set or you still on the floor? I don't really agree with that format because I mean that means it's a set time and it might not work for every city council So I think the council I mean terry represents us. We should have access to him We should be able to go to him with these proposals and go over with them if we want I don't think that's a lot to ask and I don't think we need a warrant meeting to do it Okay, and I think it's our right to have that council Thank you. So um We're on discussion on the um deleting that clause and I have councillor busher So I will um be supporting the proposed amendment I I did you know when when there was discussion added regarding the administration I think what we're trying to do is is prevent things that happened in the past from happening again So I think what we want to do is to have when questions arise when That we we as a council want to be fully aware Of what questions what the dialogue is and so I understand that the administration is separate from us, but I think that We want to be included In significant communication. I think it only behooves us to be careful and not repeat Mistakes we made in the past So I don't have that language here. I do believe that um, it's good not to have councillors Asking specific questions. We don't all benefit from that if uh, if we have individuals reaching out to different Bitters, so I do support what's being proposed But I also want the administration to understand how it is how important it is for us all to be Informed about every step of the way as we move forward It's essential. Thank you. Yes. Thank you council busher and that is the purpose of the previous resolved clause uh, councilor roof on the amendment I'm relatively indifferent on on the amendment, right? I think that Everyone around this table knows knows our responsibility at this point and the magnifying glass that we are Under I think that the intention here was to make sure that any conversations that the city that city councillors are partaking in are accounted for And that captures here and uh, you know This also contemplated if we were to some bitters are local folks And if we see them on the street, do we need to run the other way? If we go on a visit to a which is also contemplated in this In this moment, do we need to get permission or how do we do that? So this was a way to find a way through Um, I'll I'll probably vote against it But again, I think that the the intention to your people know what our job is and um, I think we'll we'll be okay Anyone else on the first round seeing none we'll go back to councillor shannon um I think councillors councillor roofs point deserves clarifying and we very well may see kbtl board members on the street And I think it would be appropriate to speak with them and say hello Just not engage in discussions about burlington telecom with them from this point And you know, we have had conversations with them up to now But I think let's keep this clean and let's not have any conversations about that matter How their kids did in the soccer game is still fair game Uh council right I'll support this Like councillor hartnett, I do agree that we need as much access to terry dormant As the council can possibly get this is a big Huge decision for the council and we should try to be have access to every bit of information that we possibly can Every bit of information that could be flowing to the administration should be flowing through and get to the city council And we need to make sure of that I'm I'm fine with saying no city councillor will speak to The bidders as we're in negotiations very different from bidders that were not in negotiations Thank you Thank you. I'll also be supporting the amendment. Let's go to the vote all in favor of the motion to amend by deleting By by creating an outright prohibition on individual contact. Please say aye Aye any opposed Councilor roof opposes all the others. I believe are supportive as Succeeds on a vote of 11 to 1 We're back on the main motion Main resolution motion to adopt the resolution as amended further discussion councilor jeng About the voting procedure related to this election of buyer I feel like it is important instead of saying for councilor. We need at least five concerns That is the only way for us to prevent the dispute. Yes, please speak right into your mic, sir Thank you, sir so I think it's yeah number 11 instead of four councillors to be on that committee or subcommittee I feel like it is important to have five councillors one and the second thing any councils that created The first voting system And my own sense should not be on this On this committee to find out ways we need to find ways we should vote on this So i'm talking about two things. We should have five councillors and also any councillor that were That attended the first voting system should not be part of this one Councillor jeng, would you like to offer a motion to amend and these are two separate actions? So I would invite a motion to amend. Yeah for the first one So your amendment if I could Try to restate it. It would be that you would like to Create a subcommittee of five councillors Are you interested in naming the fifth councillor instead of four? Are you interested in naming the fifth councillor any other councillors that's not that are interested that's here If nobody's interested, I want to put my name forward And so if if who would be selected, how would this person be selected? And that's a good question. How the four councillors have been selected in the first place Through discussion on the council But okay, so let's just try to see if you can change this from four to five. We'll start there Okay, so there's a motion to change by adding a fifth member to the committee. Is there a second? That motion to amend fails for lack of a second. What is your second? Amendment sir, it won't be appropriating here. Thank you. Okay. Thank you councillor jane Floor is open for further any further discussion councillor tracy Thank you president Odell I Given that we just approved the prohibition regarding councillor contact with the with the uh the Bitters I would like to introduce an amendment to allow to ask that any communication between The mayor or any member of the administration be disclosed to the city council between the any be it therefore resolved that any communication between The mayor or any member of the administration And a bidder be disclosed to the city council So it's a motion to add a further resolved clause that Any communication between the mayor or a member of the mayor's administration And an individual bidder Be disclosed to the city council Did we get that language? Is there a second? Second from councillor moore Floor is open on that Motion to amend Did you care to speak to your motion or do you feel that it's self-evident? I feel that it's self-evident Floor is open mr. Mayor Thank you president Odell councillor tracy I think there are Numerous issues with what's been suggested by that amendment that don't recognize Basically our form of government and how our form of government works And what you've asked to take place In if assuming the rest of this resolution passes there will be Dozens if not hundreds of contacts between members the administration and the bitters to implement What you are asking to be done here with respect to following up with site visits with respect to Attorney reviews with respect to clarifications that will come from requests for clarifications. I would expect it will come from the bitters When the bitters want to know how the city is going to react they contact to contact the administration they They seek information Certainly if there are material negotiations I see the language that Indicates the material negotiations should go through terry dormant and I've got no issue with that But I think it's both impractical and inappropriate for the council to tell the administration How the administration could conduct its business The administration is not a city. This is not a city manager form of government. There's a mayoral form of government The administration does not work The mayor's office does not work for the council work for the people of burlington We work with the council and we're happy to work collaboratively And and we will As we always do I Take issue with the notion that There is some mistake of the past that we have to be concerned about being repeated here There was no lack of communication from the administration to the council about What was happening before and there was a major effort To address with president odell Multiple days of work to try to address and explore Whether the communication that went to the fourth bidder After the council was advised it would happen whether there was way to address that To continue to raise this and to raise concerns is not not consistent with what happened here Thank you, mayor Others on councillor councillor tracy's Motion to amend councillor hartnett I tend to support councillor tracy on this But I respect what the mayor has just laid out to us as well but I think what we're asking for is that When we need to be notified and there's notifications that have gone out there that And I won't bring up the past, but there's clearly been examples where Let's just say the communication was vague at best What was going on to be fair to both sides here And I appreciate councillor tracy's concern because it's my concern my concern as well So I won't support the amendment, but I'm asking You know for the sake of the people of brookton, which I understand that you represent But we also represent them as well. That's what we're doing sitting here And so I would hope that we have an open line of communication And that the trust that we always had and always worked well with this administration can continue Thanks. Thank you councillor any others councillor shannon I support the spirit of what I think councillor hartnett was was saying I don't support this amendment, but Um, I have confidence that the administration will share um The pertinent information with us promptly and um, I'll leave it at that. Thank you. Thank you councillor um With respect to councillor tracy, I I am I was unable to support the amendment just I I feel that it is unworkable I think that We have heard from the mayor that he will There will be an open sharing of information with the council on on any like important points relating to negotiations And I have confidence that will be the case any other councillor Going to a vote on the tracy amendment motion to amend all in favor of that motion, please Raise your hands I have councillor tracy and more Uh Opposed are the remainders and so the the motion to amend fails Um Back on the main motion with that one amendment any others So you none go to a vote I'll in favor of adopting this resolution that lays out our voting process From here until november 27th with the grand finale on the 27th. Please say aye Aye Any opposed We have councillor jang opposed that carries 11 to 1 Thank you very much Moving on to some reports committee reports Any committee chair any committee chair Council roof I think you got two you got two on you. I do have two on me. Okay, but I'll be quick CD and r will be meeting this week On thursday to discuss the issue of homelessness and encampments That meeting will be in uh room 12 here at city hall The day before that actually on wednesday the public safety committee will be holding a work session Also here at city hall to discuss The the homelessness initiative that that committee has been working on for the last uh month or so Can you restate that sorry? Yep, the the public safety committee will be joining will be coming together on wednesday to conduct to have a work session Where the committee members with legal advice with legal advisors to discuss options and concrete Recommendations to to council uh for the full council. So that will also be here at city hall Thank you very much Others councillor mason, thank you. Excuse me. Thank you president odell the ordinance committee will be meeting on the 20th room 12 We will be taking up The quality of life right resolution I will apologize in advance. We will not meet our november 27th deadline that was imposed We could not get a second ordinance committee meeting scheduled until early december We are mindful of the deadline and will endeavor to meet it as quickly as possible But um as we all know we've been preoccupied Thank you. Thank you councillor tracy The transportation energy utilities committee has scheduled the meeting for november 29th at 5 30 I believe we're going to be down at public works. Uh, and we will be at the very least having a report from bed at that meeting and We I also would like to note that we I'm working with Both council president odell as well as director spencer to determine the best possible time to bring forward the public engagement plan for dpw plant walk bike Public process. We want to make sure that we bring it at a time when we'll be able to give that issue A decent hearing and that it won't get drowned out. So we'll try and figure out what that best time will be Because that plan has after significant review from the committee is now ready to come back to the full council We feel thank you. Thank you councillor tracy other chairs Seeing none we'll move on to city councillors on general city affairs Councilor right and then busher. Thank you president. Odell Uh, just two quick things one Um, I want to wish everybody in the public and my colleagues on the city council a happy Thanksgiving next thursday And hope that we all have a lot to be thankful for and that we will work in a collaborative Compromising spirit over these next couple weeks and I'll be happy and like each other Um Call me on friday But I I also um, I also just want to mention I I saw in seven days where I think that people have been on the council for a little while. We'll remember this name Ken Lawless died and ken was a Guy that we saw here in public forum many many many times over the years And I think had he been able to have continued this we'd have heard him here singing a song to us In support of kbtl. I have a feeling but He was he was one of the characters of the city and I say that in the best sense of the word and just I thought it was worth noting that a person who spent so many times coming here to the public forum and Telling us in song what he thought about the many issues that we faced Was worth mentioning and condolences to to his family and our thoughts are with his family. Thank you Thank you very much. Councilor right Councilor busher then tracy then jenny. Councilor jenny is your hand up on there. Okay I have busher then tracy and Thank you councilor right for letting us know because ken lawless was someone that I think we all really valued as as a member of our community. So that is a very sad So something else that is is sad but not in the same way Um, it's a mixed mixed emotions. I'm going to say that finally target has come to this section of Vermont but much to my chagrin Target is in south burlington and I say this with a heavy heart and And I think the bur in burlington is going to say this with empty pocket books because Target is a huge I mean However, bernie used to say huge draw um I will bow I haven't been to university mall and I don't know how long because there's been nothing really there for me But I'll be there. I will be there So will everyone else that I know And I really know that the city has been so focused on so many things But I'm really sad that we were not able to get target to come here. I started this campaign in around 2000 Um, found out that they were a great company from my own personal experience when my daughter went to william and mary And I got introduced to targe and then Learned that they also invest heavily in schools and in their host community So i'm really sad that this happened Around us and we're not part of it. I think financially south burlington will be set Thank you. Thank you very much. Councilor tracy Thank you president odell I just wanted to bring attention to the fact that the awards two three mpa had their first mpa in the brand new space at the st Joseph's well actually a renovated space which is actually Kind of wonderful that we have been able to bring new life to a community space that was once Very very active and is now active again I just wanted to thank parks and rec for all the hard work that they put into its jamblain housing trust The awards two three steering committee as well as Specifically janet karsgaden who's the head of the dinner crew As well as ben bergstein and april werner from old north end studios for really making the space feel Nice and homey and also getting us A much improved sound system so that we can have roving mics so that everybody can actually hear what what the questions are And that can actually be piped right into the channel 17 feet So it's pretty spectacular. Everyone is certainly invited and welcome to come to community dinner Next month second thursday We encourage everybody to to come to great meal and just a great opportunity to connect with people in the old north end Thank you. Thank you council. Council roof I wasn't going to uh to to speak on city business, but i've just been informed that twitter is erupting over my mustache and And so i'll just take it as an opportunity to maybe explain it because it is a little uh, it's in support of of Of november, which is um an annual during the week of november for For men usually to grow a mustache in support of men's health, which is actually a legitimate thing We have men dying at a rate, um more far more often than women when it comes to suicide And then you know, especially prostate and testicular cancer is something that is on the rise Quite amazingly actually and especially in uh in america and canada So this is something uh that i do to help raise some money for a good cause So if you see someone on the street rocking a mustache know that it's for a good cause Thanks Very good councillor hartnett. Thank you share those concerns. No mustache, but I share those concerns Council roof, I guess whatever it takes um Listen, I don't I don't we're not supposed to do this but can I give a shout out to my good friend john ewing Who I hope is watching yes, let's do it john is really battling a a blood cancer rare blood cancer and he's he's he's He's um, he's in trouble and I talked to his wife tonight And john I just got to tell you coming here tonight after I spoke with jane I want you to know that i'm thinking of you. I'm sure this council is I know the mayor Has a great amount of respect for you as we all do Uh, we hope the best our thoughts and prayers are with you And if there's anything that we can do and I mean any of us, please let us know so john hang in there Thank you councillor Um, the council president has no updates. I'll throw it over to the mayor Thanks, president. I'll uh a few um Uh quick notes. I want to thank councillor hartnett for uh for what he just we just did and echo that uh John we are we are thinking of you and very appreciative Uh for all you've done for this community for so long um I want to just touch on the parking discussion from earlier tonight and just note that um the marketplace and bba and others have been active in promoting Um a parking Incentive this holiday period as there have been in past years. There will be two hours of free parking parking on street during the holidays Uh, sorry on street on saturdays during the holiday season So of course sunday parking is free as well. So there is a councillor busher like incentive That is uh that is happening We do of course keep close track on what is going on in the downtown with economically and While certainly there has been a change over in the the mix of retailers in the in the downtown We continue to hear strong reports about how the downtown is doing on many financial metrics and quality of life metrics Um a couple other quick notes We had a first time event here in the city of berlington last week hosted Up at champlain college. The governor was in attendance and about 200 other people. It was the first uh What we see as annual vermont climate pledge coalition summit there were Over 30 vermont businesses institutions cities and towns that attended And made pledges about how vermont intends to Meet the goals of the paris climate agreement even though the federal government has withdrawn From that agreement. It was uh, I think an encouraging Cooperative step that we intend envision continuing through the years the berlington electric department spearheaded this in many ways and intends to Go on from here continuing to encourage other vermont institutions to step up and make this pledge Collect the data from that and report it to the national where we are still in effort Which involves cities and states and institutions across the country working to ensure that america continues to lead on on Climate action And two other notes there are I believe four more days in which The public and counselors can vote for their favorite of the seven finalists in the berlington flag competition and The you can do that online and the voting concludes on november 17th and the winner Following up on the unanimous council past resolution earlier this year. The winner will be unveiled on first night And finally I just want to mention I got to go to a really unique and Inspiring event in a lot of ways the berlington co-housing community Just celebrated two milestones. It's a tenth year anniversary Which for anyone who knows how long that group worked to Make their vision a reality and for anyone who knows how difficult co-housing in general Can be it is really quite a milestone I've seen In my various roles lots lots of projects and most projects look pretty good on day one You know whether a community is is thriving and is really has created a real place when you go back after 10 years and and certainly to to be there for the first time in a number of years is to see a A place that is truly thriving and one of the ways in which it's thriving is that they um have really committed to solar energy and have put solar panels on just about every available square inch and Worked very closely with the berlington electric department and they Through the switch opening Another installation there and I've really become one of the the best partners the berlington electric department has in its effort to Promote and expand solar offerings in berlington with that president del. Thank you Thank you very much mayor and Is there a motion to adjourn? Right made it roof seconded it all in favor of adjourning. Please say aye Any opposed we stand adjourn at 8 50 p.m. Wow. Thanks everyone Nice when'd you go