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HomeMy WebLinkAboutMinutes - City Council - 06/17/2019CITY COUNCIL 17 JUNE 2019 The South Burlington City Council held a regular meeting on Monday, 17 June 2019, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: H. Riehle, Chair; M. Emery, T. Barritt, T. Chittenden, D. Kaufman Also Present: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; A. Bolduc, City Attorney; J. Rabidoux, Director of Public Works; Chief S. Burke, Police Department; K. O’Brien, L. Kupferman, D. Leban, L. Waters, F. Kochman, A. Klugo, R. Plante, R. Shrake, C. Pilsucki, D. Cummings, K. Epstein, K. McKenny, J. Pasackow, J. Randazzo, D. Philibert 1. Instructions on exiting building in case of emergency: Mr. Dorn provided instructions on emergency evacuation of the building. 2. Agenda Review: Additions, deletions or changes in order of agenda items: Item #16 was removed from the agenda. Mr. Chittenden asked that Chief Burke provide information on the bear sightings. Ms. Riehle asked to add to “other business” a brief discussion regarding communications, etc. in preparation for the Steering Committee meeting. 3. Possible Executive Session to discuss matters related to personnel and collective bargaining agreements: Mr. Barritt moved that the Council make a specific finding that premature general public knowledge of labor relations agreements with employees, collective bargaining, and confidential attorney-client communications made for the purpose of providing professional legal services to the Council would clearly put the Council and the city at a substantial disadvantage. Mr. Chittenden seconded. Motion passed unanimously. Mr. Barritt then moved that having so found, the Council enter into executive session for the purpose of discussing the matters identified in the previous motion as well as for matters related to the negotiating or securing of real estate and the appointment or evaluation of public officers or employees and to invite Messrs. Dorn, Hubbard and Bolduc to the session. Mr. Chittenden seconded. Motion passed unanimously. The Council entered executive session at 6:37 and resumed open session at 7:30. 4. Recognition of the contributions to public art and culture by South Burlington resident Katie O’Brien: Ms. Riehle read the Resolution honoring Ms. O’Brien and designating July 1, 2019 as Katie O’Brien Public Art Recognition Day, and presented a framed copy of the Resolution to Ms. O’Brien. CITY COUNCIL 17 JUNE 2019 PAGE 2 5. Comments and Questions from the public not related to the agenda: Ms. Waters expressed concerns with increased activities in the Queen City Park and Red Rocks Park area and the proposed intention of relocating Higher Ground in that area. She noted there were 117 police incidents at Higher Ground in the past year, and that was in a commercial area. Ms. Waters cited potential noise and traffic issues and also light pollution. Ms. Riehle said she tried to contact Mayor Weinberger as the Burlington City Council will be voting tonight on the zoning change that would allow Higher Ground to move to that area. Additional permits will also be required, and public input can be heard at that time. Ms. Riehle noted that once again the City of Burlington is impacting a South Burlington neighborhood. She expressed particular concern with Red Rocks Park. Ms. Emery noted that the only way to reach that area is by car. She was concerned with people trying to walk across the parkway. Mr. Kupferman said the roadway doesn’t support the kind of traffic they want to put there. He noted that the zoning change has been discussed for years. All the beer places there want to do entertainment which they can’t do now. Mr. Chittenden noted that a police officer told him this is not the place for such activity. 6. Announcements and City Manager’s Report: Council members reported on meetings and events they had attended in recent weeks. Mr. Dorn: There will be more signage in Red Rocks Park this week regarding dogs running off-leash. Ms. Emery said she would like to look at a policy for Red Rocks Park as issues have increased. She noted that a similar situation in Essex resulted in Indian Brook Park being designated for residents only. Mr. Kaufman agreed that the situation needs to be addressed. He cited students using the park and jumping off the cliffs, drinking, etc. He felt the city should be pro- active on this. 7. Review and possibly approve and authorize the Director of Public Works to execute interlocal and bike share agreement: Mr. Rabidoux cited the work of Paul Conner and City Attorney Bolduc in preparing this agreement. He then noted that the current bikes will be replaced by electrical assist bikes in order to open things up to a wider range of users. No city financial contribution will be required as this will be user-funded. In addition, every time a bike is used, $1.00 will be donated to Green Mountain Transit for a “sustainability fund.” Communities will also be able to have a discussion regarding adding scooters to the agreement. CITY COUNCIL 17 JUNE 2019 PAGE 3 Mr. Kaufman moved to authorize the City to enter into the proposed contract and to authorize the City Manager to sign the paperwork. Mr. Chittenden seconded. Mr. Barritt questioned whether there would be city liability if a bike renter is injured. Mr. Rabidoux said there is an “end user” agreement, but that would not stop someone from suing the city. Mr. Bolduc added that the city is indemnified. Ms. Emery asked about medical expenses if a bike fails and someone is injured. Mr. Bolduc said he would check on that. Mr. Chittenden asked about bikes being left strewn about as is happening in other places. Mr. Rabidoux noted that if a person doesn’t return a bike, his/her credit card keeps running. There are also random retrievals by the company. In the vote that followed, the motion was approved unanimously. 8. Update and Council discussion related to South Burlington Police Department anti- bias and de-escalation training: Chief Burke noted there are some limitations regarding analysis of data as they are still filling out hand-written reports when there is use of force. The Chief then explained that the trigger for use of force is the amount of resistance. In the first 6 months of the year, there have been 27 uses of force involving 35 people. 23 of those persons were white males, 4 were African American males, 8 were females. Alcohol and drugs are often the trigger for these events, but a growing trend is mental health crisis. The Chief noted that they have changed the way they handle such incidents, and the main aim is to slow the incident down and gain time to get a crisis investigator on the scene. They are doing more training of officers utilizing role playing. This has been warmly embraced by the staff. The Department has also invested in equipment, specifically new ballistic shields and ropes to secure doors as it is just as important for officers to feel safe in these incidents. Mr. Barritt asked if the incidents are later reviewed. Chief Burke said they are and that reviews include incidents from other communities and states across the country. He cited the importance of training and building a comfort level so there are no “scared cops” out there. CITY COUNCIL 17 JUNE 2019 PAGE 4 Ms. Riehle asked whether training has an impact on officers and an advantage for recruitment of new officers. The Chief said it has. He said new officers are hungry to be educated in the profession, and they are now attracting very “smart people.” With regard to “fair and impartial policing,” Chief Burke noted that in 2019 there will be a mandatory policy review and collection of data state-wide. He added that he would like to see more local discussion including people who phone-in issues. He felt it is important to discuss “implicit bias” as well. Ms. Emery suggested involving UVM in some of these discussions. Chief Burke cited Sgt. Andav who has been on modified assignment, and who has been helping with research in this area. Mr. Barritt then asked about the recent bear sightings. Chief Burke said the Department has interfaced with Fish/Wildlife people and the State Game Warden. Bears cannot be hunted in the city, but officials are waiting for an opportunity to chase the bear(s) out of the area. The public is advised not to leave trash, birdfeeders, etc., outside. The Chief stressed that the Department is not equipped to deal with a bear. Sightings should be reported to Fish and Game and the Game Warden. 9. South Burlington Committee, Board, and Commission interviews: The council interviewed the following applicants for appointment to Committees, Boards, and Commissions: Ronald Plante ……………………………Housing Trust Fund Richard Shrake ………………………….Bike/ped Committee or Chit Charter Committee, or Affordable Housing Committee Donna Leban ……………………………..Bike/Ped Committee Christy Pilsucki……………………………Bike/Ped Committee or Recreation/Parks or Energy Don Cummings……………………………Energy Committee Keith Epstein ………………………………Energy Committee Karen McKenny …………………………..Energy Committee Jay Pasackow ………………………………Library Board of Trustees Art Klugo ……………………………………..Planning Commission Dawn Philibert ………………………………DRB, Planning Commission or Library Board Frank Kochman ……………………………DRB CITY COUNCIL 17 JUNE 2019 Page 5 10. Review and possibly approval of Council comments related to the adoption by the Burlington International Airport of Noise Compatibility Program: Ms. Riehle noted Council recommendations have been added to this draft. Mr. Bolduc noted that the Superintendent of Schools was contacted and said the School District will provide its own letter. Mr. Chittenden moved to approve the letter and Resolution as presented. Mr. Barritt seconded. Motion passed unanimously. 11. Councilors’ Reports from Committee assignments: Mr. Chittenden: The Green Mountain Transit route changes went into effect today. Ms. Emery: The IZ Open space Committee will hold its first public event on Wednesday, 5-7 p.m. at City Hall. A second event will take place Saturday at 10 a.m. at the Police Station, Bob Miller Room. Ms. Riehle: The Airport Commission meets on Thursday of this week. 12. May Financials: Mr. Hubbard reported that revenues are at 92.81% and expenses at 92.87%. He feels good about the end of the year. Although expenses will be near 100%, revenues will “save us.” 13. Consider and possibly approve a collective bargaining agreement with the City Hall and Public Works Employees Association: Mr. Bolduc reviewed the major elements of the agreement. Ms. Emery moved to approve the collective bargaining agreement with City Hall and Public Works Employees Association as presented. Mr. Kaufman seconded. Motion passed unanimously. CITY COUNCIL 17 JUNE 2019 PAGE 6 Mr. Chittenden said he would like to have an appreciation event for Public Works people for the work they did during a very hard, long winter. Mr. Hubbard said Common Roots is planning something for the end of August. 14. Consent Agenda: A. Approve and Sign Disbursement B. Approve Minutes for 20 May 2019 C. Approve application for VTrans Bicycle and Pedestrian Grant for design/construction of the South Dorset Street shared use path D. Approve submittal of a BUILD grant application and letter of support for the design and construction of a Pedestrian/Bicycle Bridge over I-89 at Exit 14/Route 2 Williston Road E. Authorize the City Manager to negotiate and execute a parking lease with the Poon Trust, LLC, in accordance with the MOU approved by the City Council for 155 Market Street (formerly 5 Market Street) with the addition of a deposit at the time of execution F. Consider and possibly approve amendment to collective bargaining agreement regarding defined contribution options Ms. Emery moved to approve the Consent Agenda as presented. Mr. Chittenden seconded. Motion passed unanimously. 15. Other Business: Regarding social media communications, Ms. Emery said that when people publish incorrect information about things that have been decided and signed, you “can’t just leave it out there.” Mr. Chittenden agreed but felt “shackled” by the open meeting law. Mr. Barritt said he heard that people in South Village want to replace natural vegetation in a swale and replace it with grass. He questioned where the Stormwater people stand on this. It was noted that the Burlington City Council approved the zoning change tonight. Mr. Kaufman said more information is needed. 16. Possible executive session to consider appointments to South Burlington Committees, Boards and Commissions: Mr. Chittenden moved the Council meet in executive session to consider appointments to Boards, Committees and Commissions and to invite Messrs. Dorn and Hubbard to the session. Ms. Emery seconded. Motion passed unanimously. CITY COUNCIL 17 JUNE 2019 PAGE 7 The Council entered executive session at 10:46 p.m. and resumed open session at 11:15. 17. Possible action by the Council on appointments to South Burlington Committees, Boards and Commissions: Ms. Emery moved to make the following appointments: Affordable Housing Committee: 3-year terms: Sandra Dooley Michael Simoneau John Simson 2-year term: Joe Randazzo 1-year term: Cindy Reed Bike/Ped Committee: 3-year terms: Cathy Frank Shawn Goddard Donna Leban 2-year term: Havaleh Gagne 1-year term: Nicholas Anderson City Charter Committee: 3-year terms: Ronald Plante Donna Kinville Development Review Board: 4-year term: Frank Kochman 3-year term: Dawn Philibert 1-year term: James Langan Dog Park Committee: 3-year terms: Katharine Lukas Muriel Moore Molly Bezio Economic Development Committee: 2-year remaining: Jacqueline Drouin Energy Committee: 3-year terms: Don Cummings Keith Epstein Marcy Murray Karen McKinney 2-year term remaining: Richard Shrake CITY COUNCIL 17 JUNE 2019 PAGE 8 Housing Trust Fund: 3-year term: Larry Kupferman 2-year term: Joy Grossman Library Board of Trustees: 3-year terms: Jay Pasackow Stacey Pape Lee Freeman Natural Resources Committee: 3-year terms: Jean-Sebastien Chaulot Duncan Murdoch Timmy Hess 2-year remaining: Ray Gonda Pension Advisory Committee: 1-year term: Spencer Baker Planning Commission: 4-year term: Duncan MacDonald Art Klugo 3-year terms: Monica Ostby Public Art Committee: 3-year term: Jean-Sebastien Chaulot Recreation & Parks Committee: 3-year terms: Lauren Widam Christy Pilsucki Jennifer Kochman Mr. Chittenden seconded. Motion passed unanimously. As there was no further business to come before the Council, Mr. Kaufman moved to adjourn. Mr. Barritt seconded. Motion passed unanimously. The meeting was adjourned at 11:20 p.m.