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HomeMy WebLinkAboutAgenda - City Charter Committee - 09/13/2023AGENDA SOUTH BURLINGTON CHARTER COMMITTEE South Burlington City Hall 180 Market Street SOUTH BURLINGTON, VERMONT Participation Options In Person: 180 Market Street – Library Board Room – 2nd Floor – Room #201 Assistive Listening Service Devices Available upon request Electronically: https://meet.goto.com/SouthBurlingtonVT/chartercommitteemeeting09-13-2023 You can also dial in using your phone. +1 (872) 240-3212 Access Code: 842-943-557 Wednesday September 13, 2023 4:00 P.M. 1. Welcome and Introductions 2.Agenda Review and Approval 3.Public comment on items not on the agenda 4.*** Approve minutes from August 9, 2023 5.*** Finalize the Committee’s report to the City Council to be presented on September 18, 2023 “Format for inclusion of Planning Commission discussion." 6.Other Business 7. Adjourn *** Attachments Included CITY CHARTER COMMITTEE 9 AUGUST 2023 The South Burlington City Charter Committee held a meeting on Wednesday, 9 August 2023, at 4:00 p.m., in Conference Room 201, City Hall, 180 Market Street. MEMBERS PRESENT: P. Taylor, Chair; A. Lalonde, D. Kinville, C. Hafter, W. Coleman E. Fitzgerald ALSO PRESENT: J. Baker, City Manager, C. McNeil, City Attorney; M. Emery, R. Doyle, C. Tillinghast 1.Welcome and Introductions: Mr. Taylor advised as he is attending remotely, Mr. Hafter will conduct the meeting, and Ms. Lalonde will lead the discussion about the presentation. Mr. Hafter introduced Mr. Coleman, a new Committee member representing the School Board. 2.Agenda Review No changes were made to the agenda. 3.Comments & Questions from the public not related to the Agenda: No issues were raised. 4.Approve Minutes from the 12 July 2023: The spelling of Mr. Coleman’s name was corrected. It was also noted that Ms. Fitzgerald was not representing the School Board. Ms. Kinville moved to approve the Minutes of 12 July 2023 as amended and with 2 typo corrections. Mr. Coleman seconded. Motion passed 6-0. 5.Report on the School Board discussion: Ms. Tillinghast reported that most School Board members were OK with 7 or 8 Board members. They were unanimously in favor of expanding the current Board size. Mr. Hafter thanked the School Board for addressing this issue on their agenda. CITY CHARTER COMMITTEE 9 AUGUST 2023 PAGE 2 6.Review and possibly approve the City Charter Committee Report to the Council: Ms. Fitzgerald said one question she had involved an idea that was presented to increase the number of members of the Planning Commission. Mr. Hafter noted that the Planning Commission did not express an interest in expanding, and the City Council agreed not to proceed with a discussion of expansion. Mr. Taylor said it should be reflected in the report as there were a number of public comments about expansion. Members agreed. Ms. Kinville suggested adding “income” to the first item listed on page 3. Ms. Lalonde questioned whether to add together the two public votes for a change in how the Council is elected (page 4). Ms. Emery said that would not be accurate. Ms. Fitzgerald suggested adding the numbers then breaking them down in what each number represented. Mr. Coleman agreed. Mr. Hafter said what is in the report is exactly right. Anything further should be reflected under “opinion/recommendations.” Ms. Lalonde said she would add “more than 50% wanted something other than the status quo” under the “recommendations” section. Ms. Fitzgerald noted that the notion of “succession planning” had been raised. Ms. Lalonde said she thought that was under the City Council discussion, having someone with history. Mr. Doyle said it had to do with a situation where there was a lot of turnover in an election. Ms. Fitzgerald said it should also be included under the “professional management” section. Members then discussed how to present election issues including expense of campaigning and equity in distribution of Council members. Ms. Kinville asked how decisions would be made by the Board of Civil Authority since City Council members are automatically on that Board. Ms. Emery noted there hasn’t always been a majority on the Council from the Southeast Quadrant and thought data could be helpful. Members then discussed the School Board section. Ms. Lalonde asked to add “among other responsibilities” to the section which describes School Board members as negotiators of contracts. Mr. Coleman suggested adding that it can be hard to follow open meeting laws with only 5 members. CITY CHARTER COMMITTEE 9 AUGUST 2023 PAGE 3 Ms. Tillinghast asked where the statement that “the addition of more Directors could increase engagement and involve diverse population” came from. Ms. Fitzgerald recalled it came from a letter from former School Board members. Members agreed to language in the third paragraph to read “at the August 2nd School Board meeting.” Ms. Lalonde said the “further recommendations” section reflects ideas considered by the Committee which felt they were worthy of further consideration. Mr. Hafter suggested the language: “Other things came up that were beyond our charge.” Mr. Doyle said he didn’t feel there was enough discussion regarding ensuring that voices are equitably represented at policy making tables. He emphasized the use of the word “ensuring.” Ms. Emery said the Council has hired a consultant to help bring more equity to it governing. Mr. Coleman asked what is meant by “equity.” Ms. Emery said it means not having money interests determine what happens and brining in voices that are not traditionally heard, including people who may not speak or write English. 7.Discuss presentation to the City Council (potentially September 5th or 18th – to be determined by the Committee): Mr. Taylor asked Ms. Baker to discuss timing for the report. Ms. Baker said the Committee has an option to go to the Council on 5 or 18 September. The Committee could have another meeting and then go to the Council on the 18th or finish the report today and go on the 5th. Ms. Lalonde said she would like members to see the revised draft with changes made at this meeting. Mr. Taylor suggested doing the revisions and sending the document to members. If no one has additional concerns, it would be considered approved. If there are concerns, there could be a September meeting. Ms. Baker said if the Committee votes at this meeting to approve the report if there are no further concerns, that would meet the open meeting law. CITY CHARTER COMMITTEE 9 AUGUST 2023 PAGE 4 Mr. Taylor asked that a list of Committee members be added to the report and that the minutes of the 12 July meeting be added to the attachments. Ms. Fitzgerald moved to send out the revised report and give members 7 days to notify Mr. Taylor of Ms. Lalonde of concerns. If no concerns are received, the report will be deemed to be approved. Mr. Taylor seconded. The motion passed 6-0. Ms. Baker noted that both September meetings are filling up, with the 18th being somewhat more preferable. Mr. Hafter asked that this item not be heard at 11 p.m. Mr. Taylor and Ms. Lalonde expressed their willingness to present the report and encouraged other Committee members to attend to support the report. 8.Other Business: Mr. Doyle noted that Ms. Kinville will be taking a lot of institutional knowledge with her when she retires. He suggested possibly hiring a City Clerk as a full-time position to keep that institutional knowledge. Ms. Kinville said she would oppose that. There are too many things that happen in the City Clerk’s office that could affect elections, etc. Mr. Taylor noted that the City Charter Committee had previously discussed this and opted not to recommend the hiring of a City Clerk. As there was no further business to come before the Committee, Ms. Lalonde moved to adjourn. Ms. Kinville seconded. Motion passed 6-0. The meeting adjourned at 5:35 p.m. 1 South Burlington City Charter Committee Recommendations to the City Council September 18, 2023 City Council’s Direction to the Charter Committee As part of the South Burlington City Council’s Fiscal Year 2022 Policy Priorities and Strategies, the Council identified consideration of “charter changes related to governance” as a priority. The Council passed a resolution on February 22, 2022, convening the Charter Committee to consider updates to the City’s municipal charter. The resolution stated that the Council wanted “to explore governance structures to ensure that voices are equitably represented at policy making tables.” It also sought to be sure the South Burlington School Board was represented in the governance discussions. The Council then requested that the School Board appoint two of its members to the Charter Committee. The Council charged the Charter Committee with considering governance models and language updates to the city charter. It directed the committee to “engage in a community feedback process” to “solicit feedback from South Burlington residents on governance models.” The Council asked that the committee finish its work by July 2023. Overview of Charter Change Process In order to amend the City Charter, the Charter Committee first sends any recommended changes to the City Council. The Council can approve, amend, or reject the recommendations, which, if approved, then go before the South Burlington voters. If the voters approve the recommendations, the changes then go to the State Legislature for a vote and, if approved, to the Governor for signature. Charter Changes Considered The Charter Committee considered different options for Chief Executive of the City: A City Council/City Manager system (currently the South Burlington model) A City Council/City Manager system with a policy or “weak” mayor who serves as City Council Chair but has no executive function An administrative or “strong” mayor system where the mayor is the CEO of the city The Committee also considered the composition of the City Council and the School Board. Section 13.302 of the City Charter limits City Council and School Board membership to 5 members each. The Committee looked into whether that number is still viable for each body or whether it should be increased for one or both. In addition, the Committee studied the question of whether the City's voters should continue to elect City Councilors and School Board Directors at large or whether it would recommend moving to a “ward” or district system or a hybrid system of some elected at large and some elected by ward.  2 After a brief discussion of increasing the number of members of the City Planning Commission from 7 to 9, which would require a charter change, the Committee asked the Planning Commission to assess this idea. It did so, voting 5 to 1 with one abstention to maintain the status quo and stay with 7 members. Those in the majority felt that 9 members could be unwieldy and “counterproductive.” Council Liaison Emery brought the issue back to the City Council to see if they wanted the Charter Committee to continue pursuing it, and she reported that the Council saw no reason to counteract the Planning Commission’s decision to remain at 7 members. This topic was then tabled with no further action by the Charter Committee. The notion of electing members to the Planning Commission versus appointments by the City Council as a means to improve equitable representation was brought up in various community forums. The Committee also looked at language changes to make the charter gender neutral. However, the legislature had already modernized the charter’s language in 2021 without the city’s involvement, requiring no action by the Committee. Charter Committee Process  Interviews on governance structure The Charter Committee interviewed four Vermont experts on different forms of city governance:  Montpelier City Manager Bill Fraser on the council/manager form of government (12 October 2022)  Winooski Mayor Kristine Lott on the policy/“weak” mayor form of government (12 October 2022)  Rutland Mayor David Allaire on the administrative/“strong” mayor form of government (9 November 2022)  South Burlington City Council Chair Helen Riehle on the council/manager form of government (14 December 2022) Committee members asked these individuals a variety of questions related to their specific position, including:  How long they had served in the position  What qualifications they felt were needed to serve in the position  Their thoughts on the various forms of governance the committee was considering (pros and cons)  Their thoughts on the best size for City Councils  Their thoughts on the use of political affiliations in campaigning for office  How each described their management practice and their role (or not) as “face of the city”  Their thoughts on at-large vs ward systems  The hours they committed to their city position and the salaries or stipends they were paid  3  The cost of campaigning  Any additional thoughts on city government structure Their thoughts and comments can be reviewed in the Charter Committee meeting minutes.  List of pros and cons The Committee worked hard creating and rewriting a list of possible advantages/pros and disadvantages/cons for each possible charter change, including the status quo. That chart appears at the end of this recommendation.  Community outreach – survey, forums, other meetings The Committee engaged in community outreach to determine the views of South Burlington citizens on the governance structures we were considering. It deliberated on the questions we were trying to answer and developed a community survey that allowed votes for the different options as well as the opportunity to provide open-ended responses. City Manager Jessie Baker developed a document with a message from the Charter Committee, the Committee’s list of pros and cons, and a link to the survey. See https://www.southburlingtonvt.gov/government/city_committees_boards/2023_city_charter_com munity_feedback.php. The survey was publicized in the online City News newsletter, three editions of the Other Paper, and Front Porch Forum emails. Fliers were posted at City Hall to encourage people to take the survey. The South Burlington Business Association advertised our desire for feedback and our survey at one of their membership meetings. Jessie Baker collated the community survey results, which were posted on the above website. The committee held two community forums, Wednesday, May 10 and Thursday, May 25, from 7-9 p.m. in the City Hall auditorium. The forums were recorded and the videos appear on the website given above. Committee members also spoke with parents at PTO meetings and with members at a Rotary meeting. At each of the meetings, the committee chair encouraged attendees to share the survey and their own thoughts on the governance structures with their neighbors after the meeting. Review of public input and feedback  Forums May 10, 2022 and May 25, 2022 - Brief review of comments made:  Concern of using legislative districts as wards because legislative districts may not be current in the actual distribution of the City population, demographics, and diversity and they will change every ten years due to the census  Wards vs at-large representation (this was a topic of significant and diverse discussion)  Possibility of electing Planning Commission members was raised  4  Support for a non-partisan system was a consistent theme. Residents expressed concern over having elections involving political party candidates. (This concern was consistent at hearings, in forums and in survey responses.)  At the May 10 meeting, in a straw vote ½ attendees favored wards and ½ at-large representations  The Chair of the Board of Civil Authority requested expansion of the size of the BCA if possible. This was based on his perspective that the BCA members would support this expansion.  Concern that expanding the School Board may not generate a sufficient number of candidates  The concept of Ranked Choice voting in various formats was mentioned  The Mayor form of government was not supported by the majority of commentors  The possibility of elections in November with larger voter turnout was expressed Minutes from the public input sessions are attached to the agendas for the June 22 meeting of the Charter Committee.  Survey There were 175 responses to the Charter Committee survey. Ninety-eight percent of the respondents were South Burlington residents from a variety of districts though not in equal numbers (24% from CHI-8, 17% from CHI-9, 14% from CHI-10, 16% from CHI-11, 27% from CHI-12). Eighteen percent of respondents said they had attended a community meeting on the charter issues. Eighty-five percent said they had reviewed the Committee’s spreadsheet of pros and cons. Seventy-seven percent of respondents did not have children in the city’s schools. (Note: the survey was not designed or intended to be a statistically valid survey.) For the Chief Executive question, 64% preferred the City Manager form of government, 19% wanted to see an executive mayor, and 17% favored a policy mayor. For City Council, 54% preferred a City Council of 5 members and 46% wanted to increase that number. For those wanting to increase the number, many comments suggested 7 councilors, while a few mentioned 8, 9, or 10. Regarding voting districts for City Council, 37% favored continuing to vote at large, 33% favored electing members from the five legislative districts, and 30% favored a combination of at large and districts. For School Board, 60% favored the current number of School Board Directors and 40% preferred increasing that number. For those wanting to increase the number, many comments suggested 7 School Board members, while a few mentioned 10. Regarding voting districts for School Board, 52% favored voting for School Board Directors at large, 24% preferred election by legislative districts, and 24% preferred a combination of at large and districts. Many respondents provided written comments in their survey responses. These comments were consistent with input from the hearings. The survey results and written comments can be found at the link at the end of this report.  5  Comments at Regular Committee Meetings Many of those who attended the Committee’s regular meetings advocated in favor of a ward system. They argued that election by wards would lead to broader participation by South Burlington citizens and ensure that the Council is more responsive to the concerns of all citizens. Though it would not guarantee diversity, these commenters believed that election by district would make it more likely for all citizens to have a voice at the City Council. South Burlington resident Dan Albrecht prepared a handout for the Committee with demographic information on each of the census tracts. The handout also showed South Burlington’s legislative districts overlaid with a map of single-unit and multi-unit housing in the city. Dan suggested South Burlington could draw our own voting districts without difficulty. He distributed another handout to the Committee showing the demographics of South Burlington’s four census districts with data from the 2020 census, highlighting the different median incomes and rates of poverty in the districts. The comments of members of the public can be reviewed in the Charter Committee meeting minutes. Recommendations of the Charter Committee  Chief Executive The Committee unanimously recommends that there be no change to the City’s chief executive structure. Based on public feedback, the Committee found that South Burlington citizens did not want to make a change from the current form of government. In the survey, 64% preferred the City Manager form of government. A City Manager is a professional, neutral administrator who provides continuity to City operations, and a City Councilor elected by the Council to be Chair serves many of the same functions as a policy mayor.  City Council With a unanimous vote, the Committee recommends an increase in the number of City Councilors. An increase could increase demographic representation, allow councilors to mentor newer members, permit more Councilors to have discussions without violating the open meeting law, and enable retention of more institutional memory when there is turnover in the Council. In the survey, 54% preferred a City Council of 5 members and 46% wanted to increase that number, close to the same. Should the City Council agree to an expansion of the number of Councilors, the Charter Committee would be interested in exploring the appropriate number. The Committee could not reach a consensus on whether councilors should be elected by district, at large, or some combination of the two (five by district and two at large, for example). Regarding voting districts for City Council, in our survey, 37% favored continuing to vote at large, 33% favored electing members from the five legislative districts, and 30% favored a combination of at large and districts. The Committee takes this to mean that 37% favored the current system and 63% favored an option other than the current system. Many comments suggested that the wards should be different from the legislative districts. We recommend that  6 the City Council further consider the possibility of voting for councilors by wards, but the Committee did not agree on whether to recommend the change. Some felt that diverse representation could be encouraged by the use of wards. Four out of five City Councilors currently live in the city’s Southeast Quadrant, and moving to voting by wards would mean that different areas of the city are represented on the council. Many people do not feel represented in city government and a ward system could lead to increased accountability and representation, as well as a more inclusive government with diverse ideas. A ward system could also lead to lower costs for campaigns, and the Committee has heard that large campaigns may become very expensive. Some believe that the council should put a ward system on the ballot for the voters to choose. Moving to wards with an expanded number of council members would involve a great deal of consideration, particularly if the boundaries of the wards differ from the legislative district boundaries. Issues would include the number of wards and geographic considerations, the frequency of revising ward boundaries when population shifts occur, and polling locations and staffing. Others felt that a change to wards was unnecessary because all councilors represent the entire community and understand issues facing all citizens in South Burlington. Councilors from different wards may be too interested in their own ward’s issues, rather than considering what is best for the entire city. That may lead to “horse trading” in the city council. Further, it may be difficult to find candidates in each ward who are willing to serve. Some comments expressed concern about using legislative districts for city elections because they are subject to change every ten years, with input and recommendations by the City Board of Civil Authority but ultimately determined by the legislature. The consensus in the Committee, however, is that, if wards were used, it would be too confusing for voters for the city to create different wards, distinct from the legislative districts. It is also unclear who would draw these new wards. In addition, city-created wards would likely have to change periodically too, due to new data and ultimately approved by the Legislature.  School Board With a unanimous vote, the Committee recommends an increase in the number of School Board Directors. At their August 2, 2023 meeting, all current School Board Directors spoke in favor of expanding the Board. The Committee had also heard from past School Board Directors in favor of an increase. While 60% of survey respondents favored the current number of School Board Directors, only a quarter of total respondents had children in the South Burlington schools. The School Board works in committees that, among other responsibilities, negotiate with teachers, administrators, and staff, and five people is not enough to do that work without it being a substantial burden. The addition of more Directors could increase engagement and involve diverse perspectives, and allow more Directors to have discussions without violating the open meeting laws. The Committee does not recommend a particular number of Directors, though 6 to 8 were most frequently mentioned in the survey and forums. With a unanimous vote, the Committee recommends that South Burlington continue electing School Board Directors at large. At their August 2, 2023 meeting, all current School Board Directors spoke in favor of having at-large elections for the Board. In the survey, 52%  7 favored voting for School Board Directors at large, 24% preferred election by legislative districts, and 24% preferred a combination of at large and districts. The Committee takes this to mean that 52% favored the current system and 48% favored an option other than the current system. Directors all represent a single school district with a state-mandated curriculum and most school issues are not localized.  Additional Items The Committee discussed other means of addressing concerns about under-representation of certain areas or demographics in city government. This is not a comprehensive list of ideas to further enhance equitable representation. The Committee was unable to analyze these complex options in detail during the time available. One option was alternative election methods such as ranked-choice voting or instant runoff voting. Another creative option might be, if a two-year term and a three-year term were on the ballot, the top vote-getter could have the three-year seat and the individual with the second most votes could have the two-year seat. The Committee believes these options should or could receive further consideration. Another option could be a form of public campaign financing or spending cap to reduce spending and the influence of money in local elections and level the playing field for candidates. However, the City Attorney advised the Committee that this would be very difficult to do at a city level. Finally, the Committee notes that the public raised several issues in our forums and survey that were beyond the Committee’s charge, such as whether the Planning Commission should be elected. The Committee suggests that the City Council review the survey responses to our final, open-ended question for community feedback on this process and other, unrelated topics.  Appreciation The Charter Committee thanks City Manager Jessie Baker for her truly invaluable assistance with this process and City Attorney Colin McNeil for his good counsel throughout. We appreciate Sue Alenick’s clear minutes of our meetings, including the public forums. The Committee also acknowledges Councilor Meaghan Emery, our Council Liaison.  Charter Committee Members Peter Taylor, Chair Wendell Coleman Chuck Hafter, Vice Chair Paul Engels Donna Kinville, Clerk Elizabeth Fitzgerald Kate Bailey Carter Higgins Travia Childs Anne LaLonde  8 Attachments:  Charter Committee Pros/Cons document  Charter Committee handout seeking public feedback (attached to Jessie’s May 3 email to the committee)  Dan Albrecht’s one-page handout on Demographics of South Burlington’s 4 Census Districts  Elizabeth Fitzgerald’s letter on behalf of former School Board Directors  Link to synopsis of survey data (including all written comments as shared by the community)  Minutes of July 12 Charter Committee meeting