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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="4800" class="thewords">Welcome, everyone. Thank you for coming out tonight. I will convene our local control commission at 7:10, and I apologize for the delayed start. We had a work session just prior to this which kept us a little longer than expected.</a></span></p>
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<p><span><a data-m="21700" class="thewords">So the first item on our agenda is the agenda. Commissioner Blais?</a></span></p>
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<p><span class="overidecolr">Ccr. Blais</span><span><a data-m="25800" class="thewords">Commissioner Shannon, thank you. I would move that we accept the agenda as set forth.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="30500" class="thewords">Is there a second?</a></span></p>
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<p><span class="overidecolr">Ccr. Ayres</span><span><a data-m="31400" class="thewords">I'll second that.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="32500" class="thewords">Seconded by Commissioner Ayres. All those in favor of the agenda, please say aye.</a></span></p>
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<p><span class="overidecolr">Various</span><span><a data-m="38400" class="thewords">Aye.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="39200" class="thewords">Any opposed? That's unanimous. The next item on our agenda is a first class restaurant/bar liquor license. Commissioner Blais?</a></span></p>
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<p><span class="overidecolr">Ccr. Blais</span><span><a data-m="47600" class="thewords">Commissioner Shannon, I would ask that the full commission approve the first class restaurant/bar liquor license application's been submitted by Burlington Paint and Sip Studio.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="59100" class="thewords">Thank you. Is there a second? Seconded by Commissioner Tracy. Any discussion? Commissioner Bushor.</a></span></p>
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<p><span class="overidecolr">Ccr. Bushor</span><span><a data-m="69300" class="thewords">Yes. In the packet... what do I call you? Chair of the local control commission?</a></span></p>
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<p><span class="overidecolr">Ccr. Ayres</span><span><a data-m="76700" class="thewords">You could call me whatever you feel comfortable calling me.</a></span></p>
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<p><span class="overidecolr">Ccr. Blais</span><span><a data-m="77800" class="thewords">No no no no no, no. President Shannon, I'm trying to figure out what I call you.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="82100" class="thewords">It’s not about you, Commissioner Blais. [laughter]</a></span></p>
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<p><span class="overidecolr">Ccr. Bushor</span><span><a data-m="85700" class="thewords">Anyways —</a></span></p>
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<p><span class="overidecolr">Ccr. Blais</span><span><a data-m="86100" class="thewords">I could sense a question coming to me —</a></span></p>
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<p><span class="overidecolr">Ccr. Bushor</span><span><a data-m="87600" class="thewords">May I ask the chair of the sub-committee a question? Thank you. So in the packet there was a statement that the permit had been submitted but not approved. Has that happened now? This is the zoning permit, I believe.</a></span></p>
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<p><span class="overidecolr">Ccr. Blais</span><span><a data-m="105900" class="thewords">I'm not certain. The applicant is here. She could probably speak to that.</a></span></p>
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<p><span class="overidecolr">Ccr. Bushor</span><span><a data-m="109100" class="thewords">Okay.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="111100" class="thewords">If you would come up to the table, please, so that... we have the microphones here. Thank you. And if you could just state your name.</a></span></p>
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<p><span class="overidecolr">Hover</span><span><a data-m="119400" class="thewords">I'm Catherine Hover, the owner of Burlington Paint and Sip Studio.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="123300" class="thewords">Welcome.</a></span></p>
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<p><span class="overidecolr">Hover</span><span><a data-m="124000" class="thewords">Thank you. So yeah, the zoning permit has been approved, and we should be closing out all of our building permits by the end of this week.</a></span></p>
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<p><span class="overidecolr">Ccr. Bushor</span><span><a data-m="132200" class="thewords">Okay, thank you very much.</a></span></p>
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<p><span class="overidecolr">Hover</span><span><a data-m="133400" class="thewords">Thank you.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="134100" class="thewords">Thank you. Okay. Are we ready for a vote? All those in favor of the first class restaurant/bar liquor license for Burlington Paint and Sip Studio, please say aye.</a></span></p>
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<p><span class="overidecolr">Various</span><span><a data-m="146000" class="thewords">Aye.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="146600" class="thewords">Any opposed? That's unanimous. Congratulations.</a></span></p>
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<p><span class="overidecolr">Hover</span><span><a data-m="150100" class="thewords">Thank you.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="152600" class="thewords">With no further business, I will adjourn the local control commission. And we will move to our city council meeting. If you would all please join me for the Pledge of Allegiance.</a></span></p>
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<p><span><a data-m="166500" class="thewords">[pledge]</a></span></p>
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<p><span><a data-m="190600" class="thewords">Thank you. And we will now convene our city council meeting at 7:12. The first item on our agenda is the agenda. Councilor Mason?</a></span></p>
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<p><span class="overidecolr">Ccr. Mason</span><span><a data-m="203500" class="thewords">Thank you, President Shannon. I'd move to adopt the agenda with the following amendments. Note title change in supporting documentation for agenda item 4.08, resolution downtown tax increment financing district, [unintelligible] phased filing authorization Board of Finance per the mayor's office and city attorney's office, add to the consent agenda item 4.15, communication, Neale F. Lunderville, Interim General Manager, re: BED billing issue, 60-day update with a consent action to waive the reading, accept the communication and place it on file.</a></span></p>
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<p><span><a data-m="233300" class="thewords">Per Chief of Staff Kanarick, CAO Rusten, and BED Interim General Manager Lunderville. No proposed amendments for agenda item — excuse me — 5.03, resolution, exploration of feasibility of offering municipal sale of gasoline to customers. Councilors Tracy, Colburn, Siegel, per counselor Tracy, change order of agenda items 5.04, ordinance health smoking prohibition at city parks, Parks, Rec and Waterfront Commission, and Councilors Shannon, Paul and Mason, first reading now 5.05, and 5.05 ordinance health, smoking in outdoor places prohibited. Councilors Mason, Paul, Shannon, Brennan, Hartnett, Blais.</a></span></p>
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<p><span><a data-m="271000" class="thewords">Second reading, now 5.04, per Councilor Mason, and removed from the agenda item 5.06, ordinance peddlers and solicitors license applications, review fees, locations, clerk treasurer's office, ordinance committee second reading, per Councilor Mason. Thank you.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="286400" class="thewords">Thank you. Seconded by Councilor Bushor. Are there any further amendments? Seeing none, all those in favor of the agenda as amended, please say aye.</a></span></p>
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<p><span class="overidecolr">Various</span><span><a data-m="297400" class="thewords">Aye.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="298200" class="thewords">Any opposed? That's unanimous.</a></span></p>
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<p><span><a data-m="306500" class="thewords">So our first time on our agenda is a CCTA update. Do we have Commissioner Spencer?</a></span></p>
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<p><span><a data-m="323800" class="thewords">Welcome.</a></span></p>
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<p><span class="overidecolr">Bose</span><span><a data-m="324700" class="thewords">Thank you. I'll just start with a quick update on a few items. The first thing I wanted to mention in relation to the work environment, the labor environment at CCTA, which the council asked us to give some updates on —</a></span></p>
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<p><span><a data-m="344700" class="thewords">The first thing I wanted to note is Interim GM Paul Bohne's open door policy, which has been very well-received. Basically, from removing the locks on administrative offices and generally sort of opening up the space, this has had both the actual effect of increasing flow from staff and drivers into these offices, but it’s also, I think, been a really big symbolic move — something that I've heard from drivers, comments made in comments periods, but also just informally mentioned as well as a really important step.</a></span></p>
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<p><span><a data-m="388300" class="thewords">The Labor Management Committee has met twice prior to the RBO, the Relationship By Objectives program, the mediation and conciliation program. The actual RBO was conducted September 23rd to the 25th. In attendance were two stewards, two teamsters, five staff, and a board member.</a></span></p>
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<p><span><a data-m="411800" class="thewords">So there's a report that is coming out of this process. As well, the steering committee that came out of the RBO process, overseeing the safety and scheduling committees met last month. It is also meeting next week on Tuesday. The composition of this committee is three shop stewards, one member of the maintenance union, a business manager as a staff representative, HR, and the GM.</a></span></p>
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<p><span><a data-m="443500" class="thewords">It has been a productive forum. So, yeah.</a></span></p>
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<p><span class="overidecolr">Spencer</span><span><a data-m="449800" class="thewords">Great. Thanks for having us. I decided to break it up a little bit and have both of us present a little bit. I served — I'm Chapin Spencer, Director of Public Works; also one of the Burlington commissioners on the authority [as a board].</a></span></p>
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<p><span><a data-m="464900" class="thewords">We also underwent a hiring process for a new general manager, as you all know. We were very pleased in establishing a much different hiring process than previous hires. And in serving on that search committee, I can tell you that we had staff representation, union and non-union. We had public representation on the search committee, including members from the disabled community.</a></span></p>
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<p><span><a data-m="494600" class="thewords">We had our interviews for the final candidates in public session, videotaped them and made them available online, and also asked for public comment from any member of the public or our staff, for those candidates as well. And while it was a process that indeed had a wide range of opinions and differing perspectives, I believe at the end, the process, by being as public and open as it was, enabled all of us to move forward for the good of the authority with the selection that was made.</a></span></p>
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<p><span><a data-m="539900" class="thewords">I will also say that the after action report that was promised as a result of the strike that happened this spring will be out next week. And a draft copy of that after action report is online now on CCTA's website. We don't expect it to change much. But a lot of the comments and suggestions out of the after action report track very similarly to the relationships by objectives report that Pablo identified a moment ago, which is good, that there's consistency in the recommendations.</a></span></p>
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<p><span><a data-m="577600" class="thewords">And then last, I will just say that there is an operations committee of the board that was discussed with you previously, recognizing that a number of the concerns that were raised were operational in nature, and concern over management. So the board has set up a separate committee focusing specifically on operations. That committee does have staff engagement and has met three times to date, is meeting tomorrow in our central Vermont Berlin office.</a></span></p>
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<p><span><a data-m="609500" class="thewords">And that will continue to be a key strategy for the board to ensure the level of oversight needed to ensure that we're moving forward for the good of all. So that's our brief update.</a></span></p>
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<p><span class="overidecolr">Bose</span><span><a data-m="621400" class="thewords">I just wanted to add really quickly — as somebody who came into the CCTA after the strike and came into this obviously very charged atmosphere, I certainly didn’t expect things to change overnight. This takes a long time. I would like to highlight, again, I think the contribution that the interim GM has made in really creating a much more positive, a very positive environment, and treating kind of all members of the organization with a great deal of respect, which is something I've heard on multiple occasions.</a></span></p>
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<p><span><a data-m="661100" class="thewords">And I've seen elements of this need to reach out to all of the members of the organizations in various ways. The strategy committee, which I chair, right now is engaging in a marketing and outreach campaign. And I've been happy to see that there's been a lot of attention given to how do drivers and other workers and staff feel about different things in the organization.</a></span></p>
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<p><span><a data-m="688400" class="thewords">So I think a lot of that has to do with leadership.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="693000" class="thewords">Thank you. Are there questions from councilors? Councilor Brennan?</a></span></p>
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<p><span class="overidecolr">Ccr. Brennan</span><span><a data-m="699800" class="thewords">Thank you, President Shannon. I don't have a question, but I do want to comment on the positive feedback that you're giving here today. I really appreciate it, and I think all the ridership appreciate management and the union working together. It definitely shows. It shows in who's showing up here tonight, as well as the ridership itself positively recognizing the differences.</a></span></p>
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<p><span><a data-m="732500" class="thewords">So thank you so much for your leadership.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="735600" class="thewords">Thank you. Anyone else?</a></span></p>
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<p><span><a data-m="740800" class="thewords">Thank you, Mr. Spencer and Mr. Bose.</a></span></p>
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<p><span class="overidecolr">Bose</span><span><a data-m="743000" class="thewords">Thank you.</a></span></p>
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<p><span class="overidecolr">Spencer</span><span><a data-m="743400" class="thewords">Thank you.</a></span></p>
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<p><span class="overidecolr">Bose</span><span><a data-m="744100" class="thewords">Thank you.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="748100" class="thewords">We're a little bit short of public forum, but I do have several speakers that we could get started with if there's no objection.</a></span></p>
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<p><span><a data-m="760100" class="thewords">So if you want to speak at public forum, you need to sign a form that's in that corner, and hand the form to our clerk's table. When I call your name, you come up to the table and you have three minutes to speak. The green light will go on when you begin your comments. The yellow light comes on when it’s time to wrap up your comments.</a></span></p>
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<p><span><a data-m="783800" class="thewords">And when the red light comes on, it’s time to stop talking. So I will let you know who is up, and then who is in the queue, and if you could keep your comments respectful and address them to me as the chair, I would appreciate it.</a></span></p>
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<p><span><a data-m="798700" class="thewords">The first speaker is John [Bosange] following by Richard Hilliard.</a></span></p>
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<p><span class="overidecolr">Bosange</span><span><a data-m="814700" class="thewords">Good evening. I think by now you've all received the draft non-smoking resolution in our parks. It included a document from the Burlington Partnership For Healthy Living, that gave the facts about secondhand smoke, and listed outdoor smoking-free zones in Vermont and many other cities, and why smoke-free areas really make sense.</a></span></p>
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<p><span><a data-m="844700" class="thewords">And also included in that packet, I hope, was a listing of the hundreds of cities across our country that have banned smoking in their public parks. And quite honestly, in Burlington I think we're really behind the curve with this issue, and I was trying to think of a reason why that would be, and the only thing I can come up with is that maybe — and I don't have the history here — but maybe that's never been presented before as a draft resolution for our parks, 'cause I really can't think of a reason why we would allow smoking in a public park.</a></span></p>
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<p><span><a data-m="879900" class="thewords">For one simple reason, and the basic premise that one's right to clean air supersedes anyone's right to smoke in a public park. When we think back to 30 years ago, 20 years ago, when we used to allow smoking in so many public buildings and spaces, and we remember thinking about all the restaurants and different places where we heard about people's rights to smoke, and how are you gonna enforce it?</a></span></p>
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<p><span><a data-m="910600" class="thewords">All those issues have gone away, they've become answered over time. And if we just think forward — it doesn’t seem possible now — but if we think forward five years from now, I'm sure people will say, "What took you so long to ban smoking from your parks?" If you want to smoke, you wait outside, and then you go into the park, just as you do with many other non-smoking areas in our city.</a></span></p>
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<p><span><a data-m="934400" class="thewords">I believe this should be a very simple issue. And I think it’s time that Burlington catch up to the many many other cities across our country, and eventually ban smoking from our public parks. Thank you.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="950000" class="thewords">Thank you. Richard Hilliard, followed by Nancy Kaplan.</a></span></p>
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<p><span class="overidecolr">Hilliard</span><span><a data-m="960300" class="thewords">Thanks. My name's Richard Hilliard, live in Ward One, on Riverside Avenue, the home of Burlington's cheapest gas. So I'm here to support Councilor Tracy's resolution brought about by the price of gas here in Chittenden County.</a></span></p>
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<p><span><a data-m="980800" class="thewords">I used to work for IBM, so I take a passing interest in IBM plants and their destiny, and as a result, the GlobalFoundries investments, especially in Malta, New York. I happen to pass through that area at least every other month, so I'm familiar with the price of gas as I pass through.</a></span></p>
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<p><span><a data-m="1001100" class="thewords">The Cumberland Farms on Riverside Avenue sells a gallon of gas for $3.25, about the least expensive in town, and that includes taxes of 50.5 cents.</a></span></p>
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<p><span><a data-m="1014500" class="thewords">The Cumberland Farms in Ballston Spa, which is three miles down the road from Malta, sells for $2.98, and that includes taxes in New York of, total taxes of 68 cents. So the pretax cost is $2.75 in Burlington, $2.30 in Ballston Spa, and that's a 45-cent disparity. Or to put another way, an additional 19-20% markup to the cartels.</a></span></p>
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<p><span><a data-m="1043800" class="thewords">One of these monopoly distributors taunted Mr. Tracy's idea of the city to sell gas by saying, "I hope they have better luck with this than they did with Burlington Telecom." But I would counter that it’s nothing about luck. It’s all about a monopoly and a competitive disadvantage that Burlington can't afford and shouldn’t afford.</a></span></p>
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<p><span><a data-m="1066400" class="thewords">Clearly, everyone would prefer to resolve this amicably, but this is all about fairness. So I urge the city council to consider Mr. Tracy's recommendation, and the city administration not to be too scripted, and to take these cartels to task. Thank you very much.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="1083400" class="thewords">Thank you. Nancy Kaplan followed by Brian [Metovsky].</a></span></p>
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<p><span class="overidecolr">Kaplan</span><span><a data-m="1094900" class="thewords">Thank you, Madam Chairwoman. Hi.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="1097600" class="thewords">Welcome again.</a></span></p>
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<p><span class="overidecolr">Kaplan</span><span><a data-m="1098500" class="thewords">Thank you. I'm here tonight on behalf of the Parks, Recreation and Waterfront Committee. I'm the chair of that committee. And I just wanted to speak to the resolution that's coming before you, and really just to add a little bit of history to the resolution, for those of you who weren't here when we passed our first smoking ban in parks.</a></span></p>
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<p><span><a data-m="1126200" class="thewords">We came up with a compromise solution, which was to ban smoking 25 feet from any place where children were playing, essentially. So given that most people don't walk around the parks with a tape measure, it’s become very apparent, besides all the really good reasons to ban smoking in a park — and I'm quite sure that there are other people here tonight who can speak to that with much more eloquence than I can — what I would like to tell you is that the Parks Commission has considered this very carefully for a number of years —</a></span></p>
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<p><span><a data-m="1164000" class="thewords">For as many years as I've been on the Parks Commission, which I think is about five. And I know well before that. And so the fact that we're bringing this resolution to you now as a complete smoking ban is merely about the fact that it is the time. Now's the time to do it. Now's the time for Burlington to actually, sadly, not be in the forefront, but to be actually on the coattails of many other municipalities around the country.</a></span></p>
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<p><span><a data-m="1193200" class="thewords">And that's pretty much all I have to say. So I really urge you to think carefully and understand that there has been a lot of public process before this resolution came to you. We have had any number of open meetings about it. Public has spoken. And so we bring it to you in our job as the Parks, Rec and Waterfront Commission. Thank you.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="1218200" class="thewords">Thank you. Ryan Metovsky followed by Kenneth Peterson.</a></span></p>
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<p><span class="overidecolr">Metovsky</span><span><a data-m="1226300" class="thewords">Hello.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="1226500" class="thewords">Welcome.</a></span></p>
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<p><span class="overidecolr">Metovsky</span><span><a data-m="1228400" class="thewords">So I have some opinions about the outdoor smoking ban on Church Street, and I wanted to provide some context to those opinions. So I grew up in the restaurant industry where all of the employees of our family restaurant smoked, and they all told me the same thing: "Don't ever start, 'cause it’s the hardest thing to quit."</a></span></p>
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<p><span><a data-m="1246300" class="thewords">And I deeply respect and admire these people, and I spent a lot of time with them. And every time I would go out on a smoke break, just to take a break, because I needed a break, I would do this funny little wind shuffle to avoid their smoke and enjoy their company. And one of the things I wanted to articulate here was that most smokers I know are very considerate people, and their choice to smoke is a completely reasonable one.</a></span></p>
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<p><span><a data-m="1269700" class="thewords">And I have a preference to not inhale that smoke. And on a small scale, that's easy to accomplish. But on a larger scale, we need your help to set a community norm. Because when — oh, excuse me — when going to have that conversation, it’s very difficult without context to say something to someone who is smoking, and not offend them.</a></span></p>
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<p><span><a data-m="1292900" class="thewords">And in the same regard, it’s very difficult to have that harm come to my lungs and be okay with it. So it’s put in a limbo situation where there's no win, but if there's a ordinance that I can refer to and be assertive to people and say, "Hey, just like biking, it’s not available." Just for this busy area of Church Street. And I think Church Street is really special because it allows people to naturally gather in large groups.</a></span></p>
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<p><span><a data-m="1320900" class="thewords">I really love the nightlife, I really love having dinner with friends and family, and when community events are happening. And when people gather in these large crowds, it’s almost impossible to avoid secondhand smoke. I know that some people made some comments in former meetings about anecdotal evidence of not seeing smoke. But the large crowds is what the issue comes to mind for me.</a></span></p>
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<p><span><a data-m="1348300" class="thewords">And I think that when these large crowds form, it can be any time of the day. So it can happen at night, it can happen in the morning, if we're doing a Mardi Gras Parade. Whenever it happens, it’s necessary to refer back to something, some sort of community norm, to say, "Hey, smoking, like biking, isn't allowed here."</a></span></p>
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<p><span><a data-m="1366300" class="thewords">And I think it would be really nice if we were able to say, "Hey, the behavior of biking isn't allowed on Church Street, but bikers are of course welcome, as long as they walk or park their bikes." And in the same spirit of that, hey, like smokers are welcome on Church Street, as long as they pocket their cigarettes. You know, it’s just for this space, it’s really important that we keep this community norm in mind.</a></span></p>
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<p><span><a data-m="1387800" class="thewords">And the ordinance, as presented by the ordinance committee, I strongly support. I think it’s a fair compromise between what’s needed in the community and what’s helpful. And I'd like to encourage a conversation about the spirit of that ordinance also mirroring the welcome behaviors of biking, as you would smoking.</a></span></p>
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<p><span><a data-m="1408100" class="thewords">So I think if people can be part of the community in all types and walks of life, that'd be really great. Thanks.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="1415500" class="thewords">Thank you. Kenneth Peterson, followed by [Joe Harig].</a></span></p>
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<p><span class="overidecolr">Peterson</span><span><a data-m="1422600" class="thewords">Good evening. I'm Ken Peterson, Ward Four. I kinda changed my agenda here all of a sudden. First off, my wife is a 14-year cancer survivor, okay? She was a smoker. And her brother was a chain smoker, and no matter how much I talked to him about to stop smoking, no way, "I'm not gonna quit smoking."</a></span></p>
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<p><span><a data-m="1450300" class="thewords">And you know how it is when someone's [bowheaded]. Heck, I'm bowheaded. Now, one day he come out to the house, and I'm trying to figure out a good method of showing it. And on the countertop snack bar, I had a report from the surgeon general on HIV, on AIDS.</a></span></p>
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<p><span><a data-m="1467400" class="thewords">And I said, "Look at this idiot. He says that you can get HIV through needles." I said, "That's nonsense, you cannot get HIV through needles." "Yes, you can." I said, "No," and then I said, "And they say you can get it from sex." He says, "No." I mean it’s like, he was defending the Surgeon General of the United States of America.</a></span></p>
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<p><span><a data-m="1493400" class="thewords">And so the more I said against him, the more he defended him. So then I took the paper, and I moved it. Underneath it was the surgeon general report about smoking. And he called me a nasty name, but I proved a point to him. Okay? People, we don't owe the smokers a dang thing.</a></span></p>
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<p><span><a data-m="1511900" class="thewords">Why should such a minority of people threaten our lives with cancer when they don't need to on any public street, sidewalk in this city or anyplace in this state? Thank you.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="1526100" class="thewords">Thank you. Joe Harig, followed by Michael Lee.</a></span></p>
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<p><span class="overidecolr">Harig</span><span><a data-m="1534600" class="thewords">Thank you, President Shannon. My name's Joe Harig, I a resident of Ward Seven. I'm in favor of the ordinance to ban smoking on Church Street marketplace. Every Sunday my wife and I got to Speeder and Earl's on Church Street for coffee and a bit of people watching while we take turns on the latest Seven Days crossword puzzle. We do this almost every Sunday, and during the warmer months we obviously prefer to sit outside.</a></span></p>
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<p><span><a data-m="1555800" class="thewords">Sounds like the beginning of a nice, relaxing Sunday afternoon, you are correct. Except for the fact that we can't sit for a ten-minute span without gagging on somebody else's secondhand smoke. The offending smoke might come from a fellow patron or from someone just standing nearby, but the result is always the same. I start to get a headache, I start to get a sore throat, I start to get a tad bit irritable, which my wife does not much care for. [laughs]</a></span></p>
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<p><span><a data-m="1578500" class="thewords">Having said that, here's a few points I came up with. The health concerns of others. Church Street hosts a variety of activities, which every year never fails to draw a sizeable crowd. There's nothing to stop somebody from lighting up a cigarette right next to a family or a group of small children watching the street performers.</a></span></p>
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<p><span><a data-m="1596900" class="thewords">Side note: If that family chooses to leave because of the smoke, the performer might miss out on some revenue — money that would likely be put back into the local economy. There would be less trash to pick up. There's a box of cigarette butts that this gentleman has over here that I'm sure we'll hear about tonight.</a></span></p>
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<p><span><a data-m="1614000" class="thewords">There are smoking bans across the country, including Boulder, Colorado, which is kind of a sticking point for me, a problem for me, because my sister-in-law moved down there a couple years ago, and she’s like, "Oh, Boulder's just like Burlington," because of their ped mall and everything. But is Boulder just like Burlington or is Burlington not everything that Boulder is?</a></span></p>
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<p><span><a data-m="1632500" class="thewords">That rubs me the wrong way. Coworkers of mine have expressed a desire to go downtown for dinner, but are severely put off by the amount of smoking, especially while dining outside. And I've had arguments with people about — I've tried to not bother people, but I tried to talk to some friends of mine about it, and one guy was like, "People should be able to smoke if they want to."</a></span></p>
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<p><span><a data-m="1657800" class="thewords">So if two people want to go out on a sunny day, and one of them lights up a cigarette butt, how many of them are enjoying that day? This guy starts smoking, and is just infringing on my ability to enjoy a nice day. So I would urge you to pass this resolution. Thank you.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="1677500" class="thewords">Thank you. Michael Lee, followed by Sarah Wiley.</a></span></p>
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<p><span class="overidecolr">Lee</span><span><a data-m="1685000" class="thewords">Thank you, Councilor.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="1685300" class="thewords">Welcome.</a></span></p>
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<p><span class="overidecolr">Lee</span><span><a data-m="1686100" class="thewords">Thank you. I'm just here following up to the email I was able to send to all the councilors this weekend. Like many of you, I ran my first campaign this past week, and spent the past week licking my wounds of my loss. But I did want to — and expressed in the email I wrote to my friends and neighbors, highlighting some of the frustrations and challenges that I dealt with with the Burlington City Clerk's Office in the election practices and process.</a></span></p>
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<p><span><a data-m="1715100" class="thewords">Although majority of the time was a really great — you know, I do commend the Burlington City Clerks for the response time and their professionalism — there were definitely some frustrations that I outlined in the email and letter, and those were just three of the very many frustrations that I heard from both voters and other candidates, and as well as volunteers at the polling places, of their interaction and kind of misunderstanding of the Burlington Clerks' practices and election process.</a></span></p>
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<p><span><a data-m="1744300" class="thewords">And so I'm here in person to hopefully just remind you to read the email and take a look at that, as well as do a thorough review of the election practices of the Burlington Clerk's Office. I understand that the mayor has requested a review by Mr. Rusten on the Clerk's Office, but I think voters and constituents are wanting more than that. They're wanting the city council themselves to be able to ask questions to the Clerk's Office on why some of the decisions were made during this past general election cycle.</a></span></p>
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<p><span><a data-m="1777300" class="thewords">And hopefully these things can be fixed, so that in March, when all of you are going through your campaigns for reelection, that you won't face the same frustrations. Thank you.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="1787100" class="thewords">Thank you. Sarah Wiley, followed by Eli Lesser-Goldsmith. Welcome.</a></span></p>
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<p><span class="overidecolr">Wiley</span><span><a data-m="1796600" class="thewords">Evening. My name is Sarah Wiley, and I'm a resident of Burlington. So on a first personal level, I'm speaking in support of the smoke-free bans on Church Street, and also in the parks.</a></span></p>
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<p><span><a data-m="1808200" class="thewords">I live in Burlington, and I work right off of Church Street, and I would personally be more likely to spend more time downtown outside if it were smoke-free. It’s my personal dream to walk my daughter to daycare in the Old North End, and then continue on to work and not smell any secondhand smoke. I would just like to do that one day.</a></span></p>
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<p><span><a data-m="1826500" class="thewords">That'd be great. [laughs] On a second personal level, my dad is a smoker, and he's tried to quit many times, mostly because we asked him to when we were kids. But I think there are always triggers for nicotine. It’s an incredibly powerful drug. And whether that was an environment he was in or that was an activity that he was taking part in, he has been smoking for 50 years, and I don't think he'll ever stop.</a></span></p>
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<p><span><a data-m="1851500" class="thewords">But I know that most smokers, like my dad, want to quit. Work from Vermont smokers that nearly three in four of them want to quit, and nearly one in two of them will try every single year, and that's regardless of income, education, age. Regardless of whether they have mental illness or they have another addiction. Half of all smokers will try to quit every single year.</a></span></p>
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<p><span><a data-m="1873800" class="thewords">So the question is how can we help them to be successful? And one of the ways we can do that is by creating spaces that are free of that drug and free of that addiction. And that's what the Smoke Free Church Street and the Smoke Free Parks Ordinance are about, is creating those addiction-free, drug-free spaces, to help people to quit smoking, and to help keep those spaces addiction-free, so that children don't start. Thank you.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="1897600" class="thewords">Thank you. And our last speaker is Eli Lesser-Goldsmith.</a></span></p>
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<p><span class="overidecolr">Lesser-Goldsmith</span><span><a data-m="1905300" class="thewords">Good evening.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="1906600" class="thewords">Welcome.</a></span></p>
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<p><span class="overidecolr">Lesser-Goldsmith</span><span><a data-m="1907400" class="thewords">I'm Eli Lesser-Goldsmith, Burlington resident and a member of the Church Street Marketplace Commission for the past four years. You can ask Ron, I've been advocating for this ordinance from before I was on the commission. My number one issue back then is exactly the same as it is today: Smoking kills people.</a></span></p>
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<p><span><a data-m="1925400" class="thewords">Both firsthand smoke and secondhand smoke. These are irrefutable facts. Why under any circumstance would we protect smokers, smoking or the tobacco industry? In my opinion, a vote against this ordinance is a vote for Big Tobacco.</a></span></p>
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<p><span><a data-m="1940800" class="thewords">The opponents of this ordinance say that Church Street is a sanitized experience that is not a true representation of our city and its residents, yet our own surveys have shown that 70% of the visitors to the marketplace are residents of Chittenden County.</a></span></p>
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<p><span><a data-m="1955600" class="thewords">The people shopping and spending money in the marketplace are your neighbors and friends. The marketplace is the single largest economic retail driver in Vermont, and it’s thriving. This ordinance will only make it better, more healthy and more clean. A smoke-free marketplace becomes a talking point, and a marketing tool for the city, and will drive new and thankful customers to our doors.</a></span></p>
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<p><span><a data-m="1977400" class="thewords">And lastly, while I have a few minutes, I would like to strongly urge the council to let the idea of a city-owned gas station die on the vine. The mess and debacle that is Burlington Telecom should be reason enough of remind everyone of the perils of city-owned businesses. Leave running businesses to businesspeople, please. Thanks.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="1999900" class="thewords">Thank you. With no other speakers, I will close the public forum, and we will go to our consent agenda. Councilor Bushor.</a></span></p>
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<p><span class="overidecolr">Ccr. Bushor</span><span><a data-m="2012300" class="thewords">Thank you. I would like to move to adopt the consent agenda and take the actions indicated.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="2018300" class="thewords">Is there a second? Councilor Ayres.</a></span></p>
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<p><span class="overidecolr">Ccr. Ayres</span><span><a data-m="2019200" class="thewords">I'll second that.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="2021300" class="thewords">Any discussion? All those in favor of adopting the consent agenda, please say aye.</a></span></p>
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<p><span class="overidecolr">Various</span><span><a data-m="2025600" class="thewords">Aye.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="2026700" class="thewords">Any opposed? That's unanimous.</a></span></p>
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<p><span><a data-m="2036700" class="thewords">Councilor Blais, an indoor entertainment permit application for Bento.</a></span></p>
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<p><span class="overidecolr">Cmr. Blais</span><span><a data-m="2041000" class="thewords">Thank you, President Shannon. I would ask the full council to approve the indoor entertainment permit. The application for the year 2014-15 has been submitted by Bento at 197 College Street.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="2053100" class="thewords">Seconded by Councilor Tracy. Any discussion? Councilor Bushor?</a></span></p>
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<p><span class="overidecolr">Ccr. Bushor</span><span><a data-m="2061400" class="thewords">I always like to ask this, just to be reassured. Were there any noise issues from any kind of neighbors in that section? Are there any neighbors in that section, I guess?</a></span></p>
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<p><span class="overidecolr">Cmr. Blais</span><span><a data-m="2073600" class="thewords">To whom are you addressing question?</a></span></p>
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<p><span class="overidecolr">Ccr. Bushor</span><span><a data-m="2075200" class="thewords">Uh, I was —</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="2076400" class="thewords">To me, right?</a></span></p>
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<p><span class="overidecolr">Ccr. Bushor</span><span><a data-m="2077100" class="thewords">— addressing the chair, I mean the president of the council, but then if she would refer it to the chair of the...?</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="2084500" class="thewords">Commissioner Blais, would you like to answer that question?</a></span></p>
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<p><span class="overidecolr">Cmr. Blais</span><span><a data-m="2087300" class="thewords">Thank you. Yes. With this particular applicant, we spent a fair amount of time talking with him about the noise issues. The area where the entertainment will take place is a very small area. He assures us that there are no residential apartments located above it, and we've indicated to him that one of the things that we customarily do is, if we get a noise complaint, then we will be looking at this application and seeing about a revision.</a></span></p>
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<p><span><a data-m="2114000" class="thewords">So, the applicant is here as well, and he knows that's a concern of many of the members of the council.</a></span></p>
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<p><span class="overidecolr">Ccr. Bushor</span><span><a data-m="2120300" class="thewords">Thank you.</a></span></p>
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<p><span class="overidecolr">Cmr. Blais</span><span><a data-m="2120700" class="thewords">Thank you.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="2121900" class="thewords">Thank you. Any further discussion? All those in... whoops.</a></span></p>
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<p><span><a data-m="2129200" class="thewords">All those in favor of an indoor entertainment permit application for Bento, please say aye.</a></span></p>
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<p><span class="overidecolr">Various</span><span><a data-m="2134200" class="thewords">Aye.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="2134900" class="thewords">Any opposed? It’s unanimous.</a></span></p>
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<p><span><a data-m="2138800" class="thewords">We know have an appointment for fence viewer. Are there any nominations for fence viewer? Councilor Ayres?</a></span></p>
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<p><span class="overidecolr">Ccr. Ayres</span><span><a data-m="2146400" class="thewords">I will nominate Charlie Giannoni.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="2149000" class="thewords">Thank you. Are there any other nominations? I don't think we have any other applicants, so there can't be.</a></span></p>
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<p><span><a data-m="2156000" class="thewords">All those in favor of appointing Charlie Giannoni to fence viewer, please say aye.</a></span></p>
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<p><span class="overidecolr">Various</span><span><a data-m="2163000" class="thewords">Aye.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="2163700" class="thewords">Any opposed? Charlie Giannoni is unanimously appointed. Congratulations.</a></span></p>
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<p><span><a data-m="2173800" class="thewords">We now have exploration of feasibility of offering municipal sale of gasoline to customers. Councilor Tracy?</a></span></p>
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<p><span class="overidecolr">Ccr. Tracy</span><span><a data-m="2182800" class="thewords">Thank you, President Shannon. I would like to move approval of the resolution, as amended, and I have placed the amendment language both on Board Docs and in front of you in physical copies. Let me know if you need that additional language. I'll cover that after having waived the reading and getting a second, asking for the floor back, that is.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="2208400" class="thewords">Is there a second? Councilor Brennan. Councilor Tracy?</a></span></p>
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<p><span class="overidecolr">Ccr. Tracy</span><span><a data-m="2213100" class="thewords">Thank you, President Shannon. So, for the past 14 consecutive weeks the Burlington area has been one of the most profitable places to sell gas in the Northeast. In fact, according to the independent Oil Price Information Service, or OPIS, our area has regularly been one of the top five most lucrative markets, with profit margins topping 50 cents a gallon.</a></span></p>
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<p><span><a data-m="2233100" class="thewords">As a direct result, consumers in the Burlington area have been paying gas prices that are frequently 20-30 cents higher than communities as close as Middlebury and Rutland. Considering that the cost of transporting gasoline further north from Rutland to Burlington only adds five cents to the purchase price, according to OPIS, the real reason for the price discrepancy is the distinct lack of competition in Chittenden County, as only three companies sell the majority of gas in our area.</a></span></p>
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<p><span><a data-m="2259500" class="thewords">Now, recognizing this fact, I'm not content to sit idly by while hard-working Vermonters, many of whom have no choice but to drive long distances for work or other needs, are forced to decide between putting gas in the tank or putting food on the table, between filling a prescription or filling the car up.</a></span></p>
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<p><span><a data-m="2276600" class="thewords">And these are impossible choices that no one should have to make. And it is my opinion that if the city of Burlington can do something about these things, that it should. To this end, I've proposed a resolution asking the Department of Public Works of the city of Burlington to look into opening municipal gas pumps to the public to create more competition and drive prices down.</a></span></p>
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<p><span><a data-m="2295700" class="thewords">In Somerset, Kentucky, where they have experienced a similarly un-competitive market, the city government opened the municipal pumps, which resulted in significantly lower gas prices, and saved consumers an estimated $4.5 million annually. Those savings in turn stayed in the local economy. It is my hope that Burlingtonians will be able to realize similar savings through such an endeavor.</a></span></p>
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<p><span><a data-m="2318000" class="thewords">Additionally — and this speaks to the amendment where I ask that we add a consideration from the department of what types of revenue might be generated from this, and also how we might use that to support our transition or support multimodal infrastructure — the modest revenue might be used to aggressively transition our vehicle fleet to newer, more efficient models, we found out a couple years ago when we did our resolution regarding tar sands.</a></span></p>
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<p><span><a data-m="2343700" class="thewords">Or to enhance our pedestrian, bike and public transit infrastructure. However, in order to realize these benefits, the council will need to take the first step and pass this resolution to explore the feasibility of opening Burlington's municipal pumps to the public. Given that consumers in Burlington and northwestern Vermont are paying exorbitant prices because of a lack of competition, I think that it is more than reasonable for the city to explore what we can do to remedy the situation.</a></span></p>
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<p><span><a data-m="2368500" class="thewords">My resolution before the council tonight is the first step in that process.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="2375000" class="thewords">Thank you, Councilor Tracy. Councilor Mason?</a></span></p>
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<p><span class="overidecolr">Ccr. Mason</span><span><a data-m="2381000" class="thewords">Thank you, President Shannon. I would just note for the record my recusal from consideration of this matter under our conflict of interest policy. My firm and I both represent Champlain Oil Co. Thank you.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="2392700" class="thewords">Thank you. Counselor Knodell?</a></span></p>
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<p><span class="overidecolr">Ccr. Knodell</span><span><a data-m="2395400" class="thewords">President Shannon, I'm also stating my intent to recuse myself from this discussion, on the basis of my affiliation with Burlington College, which this fall has been drawn into this controversy, and the stated desire by Interim President Smith for the leadership team to remove itself from political controversy. Thank you.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="2417900" class="thewords">Thank you. Any other comments?</a></span></p>
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<p><span><a data-m="2428200" class="thewords">Councilor Brennan?</a></span></p>
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<p><span class="overidecolr">Ccr. Brennan</span><span><a data-m="2430500" class="thewords">Thank you, President Shannon. I'd like to commend Councilor Tracy for bringing this resolution forward. Certainly, since this resolution was made public, there's been much discussion about the price of the gasoline in the Chittenden County area, and some of the reasons why we, or some of us who are co-sponsoring this resolution, why we would look to reduce the cost of gasoline.</a></span></p>
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<p><span><a data-m="2466000" class="thewords">And it’s not a matter of reducing the cost of gasoline. It’s a matter of fairness. It’s a matter of fairness for all of us living here in Chittenden County, being held by these 25... It’s, on average, 25 cents per gallon. And if we look across Chittenden County, the amount of opportunities for that 25 cents to be bought, it’s significant. And I really appreciate one of the public members coming forward and recognizing that we are being held somewhat hostage.</a></span></p>
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<p><span><a data-m="2503500" class="thewords">And the reference was as to a cartel. And I firmly believe that we should be standing up. And currently, the city has one pumping station, and the infrastructure needs to be looked at, as it was noted in the paper from the Director of Public Works. But I would just say that the city has made moves to increase its infrastructure in other ways.</a></span></p>
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<p><span><a data-m="2539300" class="thewords">We just recently purchased 300 parking meters that significantly upgraded the parking opportunities. That infrastructure was increased to generate revenue funds, and I believe in the same spirit as Councilor Tracy's resolution here today. So I do believe, if there's a will with this council, that we could find a way to create this competition, to create fairness across the board. Thank you.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="2577000" class="thewords">Thank you. Councilor Ayres?</a></span></p>
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<p><span class="overidecolr">Ccr. Ayres</span><span><a data-m="2581600" class="thewords">Thank you, President Shannon. I will be voting against this resolution this evening, and I encourage my fellow councilors to do the same. Let me address a couple of the reasons briefly why I'll be doing so:</a></span></p>
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<p><span><a data-m="2594100" class="thewords">The Department of Public Works is the principal steward of our city's vital infrastructure, from sidewalks and streets, its water, its wastewater, its storm water systems, its recycling and solid waste programs. And as winter descends upon us, as it’s about to, with the all important task of removing snow from our streets.</a></span></p>
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<p><span><a data-m="2614100" class="thewords">All of the city-owned vehicles that are essential to the central infrastructure and emergency preparedness functions of the DPW make use of the six fossil fuel pumps at the Pine Street DPW facility. The central maintenance facility on Pine Street services 300 city vehicles.</a></span></p>
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<p><span><a data-m="2633600" class="thewords">The city's staff and fleet respond to emergencies around the clock, and 24-hour ready access to those fuel pumps is absolutely critical, particularly for large vehicles such as our fire trucks, and for snow plows, which may take up several fueling stations because of their size and length, and which take up to 15 minutes to fill.</a></span></p>
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<p><span><a data-m="2656300" class="thewords">In addition, none of the pumps are presently equipped with payment terminals. For all these reasons and more, the logistical constraints in offering any of these fuels to the public for retail consumption are simply unsustainable. To the price question, it’s also important to underscore the fact that both the diesel fuel and the regular fuel, gasoline held in tanks at DPW are exempt from federal gas tax because they are for municipal use.</a></span></p>
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<p><span><a data-m="2686500" class="thewords">This would not be the case if the city were to suddenly decide to go into the retail gasoline business, competing both against chain and independent mom and pop, family-owned retail fuel distributors in our region.</a></span></p>
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<p><span><a data-m="2700000" class="thewords">Furthermore, the installation of smart pumps with the ability to distinguish between taxable and non-taxable sales could prove prohibitively costly, and a logistical nightmare from an accounting perspective for the city. Given all these constraints and more, I urge my fellow councilors to reject this resolution this evening.</a></span></p>
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<p><span><a data-m="2719800" class="thewords">Even the serious feasibility study called for in the resolution is ill-advised, given the significant investment of staff time and financial resources that would be required to make it possible. Our DPW needs to be attending to the nuts and bolts of city maintenance — of sidewalk repair and street paving, of snow plowing and bike path maintenance, of addressing the shortfalls of our storm water system, and moving forward with the implementation of the all important Complete Streets and Carter Study programs.</a></span></p>
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<p><span><a data-m="2750700" class="thewords">This is not the time, nor is there any time, really, for the city to be going into the retail gasoline business. Thank you.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="2759000" class="thewords">Thank you. Mayor Weinberger?</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="2763800" class="thewords">Thanks, President Shannon. I just would simply add to Councilor Ayres's statement that the exploration that is requested in this resolution has essentially been done. The feasibility has been found to be... not possible without compromising core city services. And we welcome the suggestion.</a></span></p>
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<p><span><a data-m="2791400" class="thewords">Certainly, any opportunity to save Burlingtonians money is one worth looking into. However, we've looked into it, and I think any further exploration is not warranted, given the findings of the Public Works Director.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="2804400" class="thewords">Thank you. Councilor Paul?</a></span></p>
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<p><span class="overidecolr">Ccr. Paul</span><span><a data-m="2808100" class="thewords">Thank you, President Shannon. I appreciate very much the desire and the intent of the sponsors in bringing this forward, and I also appreciate the comments from Richard Hilliard in support of this resolution. I believe that this resolution is ill-advised at this time, and I appreciate very much Councilor Ayres's comments about the logistical realities as well as the mayor's comments about a feasibility study that has essentially already been done, and the burden that going into doing this kind of endeavor would place on city resources.</a></span></p>
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<p><span><a data-m="2850100" class="thewords">My reason for not supporting this resolution goes beyond the issues that have already been mentioned, and strikes at what I feel is the very heart of the responsibility that I feel, first and foremost, that I have to the City of Burlington as a city councilor, and that is the city's fiscal health and stability.</a></span></p>
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<p><span><a data-m="2870900" class="thewords">Five years ago, less than a year after I got on the council, our city's fiscal reality was shattered. Over these past few years, and especially in the past two years, this council and administration have worked collaboratively in climbing out of the deep financial hole that we had created for us by Burlington Telecom.</a></span></p>
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<p><span><a data-m="2898300" class="thewords">As our credit rating teetered on the edge of junk bond status. The fiscal stability bond, which we all encourage the voters to support, and rightly so, and the Citibank settlement, which the Public Service Board approved last week, were the result of a great deal of hard work.</a></span></p>
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<p><span><a data-m="2916600" class="thewords">The Citibank settlement will alleviate a great deal of Burlington Telecom's debt burden. At our last council meeting, we also heard some very encouraging news regarding our unassigned fund balance, which is positive, and obviously very encouraging. But all of our hard work could potentially disappear with this resolution.</a></span></p>
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<p><span><a data-m="2938600" class="thewords">I can't support a resolution that could potentially put our credit rating in peril. I can't support a resolution that could potentially erase all of this good work that has been done to address our credit problems. Even the hint of us exploring a competitive business venture would send a message to Moody's that I don't think any of us really want to send.</a></span></p>
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<p><span><a data-m="2963700" class="thewords">And we know that Moody's is watching us. And how do we know this? Because they tell us that they are. When I think about this resolution, this is what I think about. I think about a Moody's analyst waking up tomorrow morning and looking on their phone or looking on their iPad or looking on their computer, and looking at a story in a Vermont newspaper about how the city council passed a resolution looking into the feasibility of going into yet another competitive business enterprise, and not just a competitive enterprise, but a highly competitive business enterprise.</a></span></p>
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<p><span><a data-m="3005300" class="thewords">Our ability to borrow, and the rate at which we borrow, and be able to do all the necessary city projects that we all want to do, depends a lot on our credit rating. I really appreciate the spirit of this resolution, and I thank the sponsors for bringing it forward. I just can't support it. Thank you very much.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="3026200" class="thewords">Thank you, Councilor Paul. Councilor Bushor?</a></span></p>
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<p><span class="overidecolr">Ccr. Bushor</span><span><a data-m="3030300" class="thewords">Thank you. So I've had, like other councilors, several weeks to think about this idea since it came forward. And I do think that our region of the US has a problem, and Vermont has a problem, and Burlington has a problem. And I know it’s been traditional that we leave these types of issues to businesspeople.</a></span></p>
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<p><span><a data-m="3065000" class="thewords">But I do applaud Councilor Tracy for coming forward with this, because it’s a real issue, and I also am appreciative that we got the report from the Director of Public Works. So I would just like to ask him a question, if that's okay, President Shannon.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="3088500" class="thewords">The director of Public Works?</a></span></p>
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<p><span class="overidecolr">Ccr. Bushor</span><span><a data-m="3089500" class="thewords">Yes, if he would come forward, since he submitted this communication.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="3095100" class="thewords">Yes. Thank you.</a></span></p>
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<p><span class="overidecolr">Ccr. Bushor</span><span><a data-m="3098500" class="thewords">Thank you. So I was informed, and somewhat not surprised by site constraints, I was informed — I know Councilor Ayres read this, but with your information in your report about restrictions for accessing fuel and tax breaks that we get from municipalities —</a></span></p>
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<p><span><a data-m="3126700" class="thewords">I said I wasn't surprised at the site constraints. You know, I go there and park behind where your maintenance vehicles are, and tried to figure out how this would all work. But one thing that left me wondering was your concluding remarks that said, "There may be real benefits to providing a public fueling station at some governmental facility, but DPW staff believe that, due to significant site constraints, it would not be advisable to increase public use at our rear yard at 645 Pine Street."</a></span></p>
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<p><span><a data-m="3166400" class="thewords">So is that a...? So that's a comment coming from the Director of Public Works regarding the issue. Is that a personal comment, or is that... a Public Works Director comment regarding the feasibility of something like this?</a></span></p>
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<p><span class="overidecolr">Spencer</span><span><a data-m="3188600" class="thewords">Thank you. The intent of that sentence was to make clear that my analysis in the memo was strictly limited to the site constraints and issues before us operationally. I do not want to weigh into the larger policy issue of whether or not it should be done. So that was — the phrasing of the sentence may have been awkward, but the desire was to say there may be merit in this, and that it may work well some other place.</a></span></p>
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<p><span><a data-m="3219500" class="thewords">My understanding is that the Somerset, Kentucky facility is separate from the municipal operations of their Public Works and governmental operations. And that, in my mind, was a key piece for me, trying to understand how they accommodated that activity within their existing operations.</a></span></p>
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<p><span><a data-m="3240400" class="thewords">I think that conflict with our existing operations really is the bulk of what I was trying to convey in my memo.</a></span></p>
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<p><span class="overidecolr">Ccr. Bushor</span><span><a data-m="3248300" class="thewords">Thank you, appreciate that. So based on the comments from the Director of Public Works and other comments that were made around the table, I think this is a good idea that hasn’t found its time. I think that this potentially should be postponed. I don't really want it to go away because I really need to look at whether or not exploring ventures like this will always put us at risk with Moody's, and I'd like to think that we as a city would be able to explore ideas and not fear where that would bring us, if indeed we go down a path.</a></span></p>
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<p><span><a data-m="3293800" class="thewords">I think that we were successful with BED. Today's world would not allow us to have a public utility. We were unsuccessful with BT to this juncture for a number of reasons. But I do think that these kinds of explorations have a purpose, and should come before the community as a whole. And so I thank you. I won't be supporting this at this time.</a></span></p>
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<p><span><a data-m="3324800" class="thewords">But I certainly hope that this conversation can continue. Thanks.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="3331900" class="thewords">Thank you. Councilor Siegel?</a></span></p>
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<p><span class="overidecolr">Ccr. Siegel</span><span><a data-m="3338100" class="thewords">Thank you, President Shannon. So I share the belief that it does not appear realistic to have a public municipal gas pump at DPW on Pine Street. And thankfully, no one has said that's where the pump would be positioned. I support this resolution.</a></span></p>
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<p><span><a data-m="3358300" class="thewords">And I share, obviously, concerns about the city's credit rating. And that's part of why I'm very glad that it was amended to include a resolved clause asking the CAO to provide analysis as to how this might affect our credit rating.</a></span></p>
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<p><span><a data-m="3373100" class="thewords">And I'll say, you know, it’s very odd for me — and I had to think a lot about this, 'cause I am not one who tends to advocate for more access to gasoline. I'm firmly rooted in conservation and elimination of fossil fuel use. But as it’s been said, this resolution is not about using more gas, it’s about economic justice.</a></span></p>
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<p><span><a data-m="3395300" class="thewords">I don't usually advocate for consumption. I don't do a lot of shopping for fun. But I have found myself the director of a business that has a retail store. And I'm able to do this because what we sell is ethically traded. So I don't like gasoline, but I do think it should be sold at a fair price.</a></span></p>
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<p><span><a data-m="3415700" class="thewords">And this might move us closer to that. Perhaps this feasibility study would help bring the prices down, whether or not we end up with a public municipal gas pump. We have seen scenarios in other municipalities where just the thought of this brought the prices down in the private sector.</a></span></p>
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<p><span><a data-m="3436200" class="thewords">So thanks for letting me share, and I hope that people will support this resolution.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="3442200" class="thewords">Thank you. Councilor Wright?</a></span></p>
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<p><span class="overidecolr">Ccr. Wright</span><span><a data-m="3446700" class="thewords">Thank you, President Shannon. As others have said, I appreciate the intention behind this resolution, but I will not be supporting it. I'll be brief, because I think the others have outlined very well thought out reasoning in regard to this. I will just say that the cost of gasoline is not the only thing that is expensive in the State of Vermont. The cost of living, period, is expensive in Vermont. Property taxes are expensive in Vermont.</a></span></p>
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<p><span><a data-m="3474700" class="thewords">And all these things impact what we pay at the gas pump as well. While this resolution is grounded in good intentions, and I support trying to find ways to reduce the cost of living for Vermonters, period, I think it is really ill-advised for the city to consider going into business and becoming competitors to small businesses, even to Jolly and the others.</a></span></p>
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<p><span><a data-m="3500400" class="thewords">People have also mentioned to me they don't understand why a store like Cumberland Farm was not mentioned in this resolution, and we singled out three... One of our councilors, who's actually employed by one of these businesses.</a></span></p>
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<p><span><a data-m="3514600" class="thewords">So, I mean, again, the cost of living's very expensive. Are we at some point going to look at groceries and say, "Gee, maybe the city ought to go into the grocery business next?" So I think that this is good intentions, but is not the right thing to do. I think the city should stay out of this business. Thank you.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="3533500" class="thewords">Thank you. Councilor Colburn?</a></span></p>
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<p><span class="overidecolr">Ccr. Colburn</span><span><a data-m="3539000" class="thewords">Thank you, President Shannon. I just wanted to quickly push back just a little bit on the idea that the very useful memo that we received from Department of Public Works staff is kind of equivalent to the study that's being called for. I really appreciate the time that was put into this, and some of the issues that were brought forth — there clearly are some real challenges here.</a></span></p>
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<p><span><a data-m="3567700" class="thewords">And this memo does a great job of outlining what some of the impediments might be. But it doesn’t go into a more thorough investigation of what some of the ways we could actually accomplish this might be, and look at what some of the real cost analysis might be.</a></span></p>
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<p><span><a data-m="3587500" class="thewords">And so I understand the concerns that people are raising, but these two things to me are not equivalent, and I do support investigating the question in a little more detail. Thank you.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="3600700" class="thewords">Thank you. Councilor Tracy?</a></span></p>
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<p><span class="overidecolr">Ccr. Tracy</span><span><a data-m="3607900" class="thewords">So, just to respond to a couple of different things that I've heard around the table tonight, I think that what’s apparent is that there is an issue with pricing and with price dynamics in this area, an issue that doesn’t really seem to be addressed by some of those who are criticizing it, Councilor Wright aside, recognizing that.</a></span></p>
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<p><span><a data-m="3628300" class="thewords">But I think that there is a definite price dynamic issue here that we can't get away from and that needs to be addressed. And so I wonder, for those who are opposing this, what alternatives you might propose to this resolution to deal with this. If you have other ideas, other things. Because I don't think that it’s enough to say, "Look, we have a real issue here. We're not even going to look into solving it, or we're not even going to look into it at a city level," and then just walk away from the table.</a></span></p>
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<p><span><a data-m="3657700" class="thewords">We have people who are having to make real choices between putting food on the table, as I said, between real basic needs, and in a rural state like Vermont, with public transit that is good, but not as good as it could be, people are going to have to drive. And so I would really hope that we would think about other ways to make this a more affordable city.</a></span></p>
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<p><span><a data-m="3679000" class="thewords">I would also reject the notion that this feasibility has already been done. We need to remember that the Director of Public Works serves at the pleasure of the mayor. So I think that what this really was, given the last line that was highlighted by Councilor Bushor, I think that they were looking for reasons to say no, and highlighting some of the negative aspects, without really highlighting any of the potential benefits.</a></span></p>
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<p><span><a data-m="3700300" class="thewords">We don't know really what those benefits were, because really what this memo told us was that these are the reasons why you shouldn’t potentially do this. And then the other thing is the credit rating thing — and I would really push back against the notion that by looking into things as a city, that our credit rating is immediately going to drop, that they're going to look at that and degrade our credit rating.</a></span></p>
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<p><span><a data-m="3725300" class="thewords">Perhaps if we decided to do that, that may be a reality. But we don't know that for sure, because we're not them, and what we've actually amended to do, as Councilor Colburn said, was to ask for some sort of financial analysis of this. So I really don't think that that's — I think that that's sort of a red herring at this point, and one that's not really grounded in an actual, real analysis done by our CAO, but rather just kind of a reason, again, to vote against.</a></span></p>
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<p><span><a data-m="3752300" class="thewords">So I don't really think that we're seeing a coherent addressing of the unfair price dynamics that we're seeing.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="3760900" class="thewords">Thank you. Councilor Wright?</a></span></p>
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<p><span class="overidecolr">Ccr. Wright</span><span><a data-m="3764200" class="thewords">I'll defer to —</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="3765700" class="thewords">Councilor Ayres?</a></span></p>
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<p><span class="overidecolr">Ccr. Ayres</span><span><a data-m="3767300" class="thewords">Thank you, President Shannon. Although it’s somewhat outside the purview of this discussion and this specific resolution, I would like to respond to one of Councilor Tracy's questions, and that is what are the alternatives, you asked, Councilor Tracy. Councilor Wright made reference to whether we might consider at some point going into the grocery business as a city.</a></span></p>
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<p><span><a data-m="3789900" class="thewords">And I would point out that we have in our midst the most successful cooperative grocery in the country in terms of sales per square inch or square foot, excuse me. And it is owned by its members. And maybe one of the things that we could look at as a city, if there's the impetus to do it, is to move into a cooperative gas purchasing option.</a></span></p>
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<p><span><a data-m="3818800" class="thewords">As an alternative to the city going into a competitive business against existing businesses in our community. That might be a model we want to look at, is a City Market of gasoline.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="3832600" class="thewords">Thank you. Councilor Wright?</a></span></p>
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<p><span class="overidecolr">Ccr. Wright</span><span><a data-m="3834700" class="thewords">Call the question.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="3836700" class="thewords">There's a motion to call the question. Is there a second? Seconded by Councilor Tracy. All those in favor of calling the question, please say aye.</a></span></p>
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<p><span class="overidecolr">Various</span><span><a data-m="3846600" class="thewords">Aye.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="3847300" class="thewords">Any opposed? Question is called. All those in favor of the resolution, exploration of feasibility of offering municipal sale of gasoline to customers, please say aye.</a></span></p>
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<p><span class="overidecolr">Various</span><span><a data-m="3860700" class="thewords">Aye.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="3863000" class="thewords">All those opposed.</a></span></p>
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<p><span class="overidecolr">Various</span><span><a data-m="3864100" class="thewords">Nay.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="3866100" class="thewords">The ayes were Councilor Colburn, Tracy, Brennan, Siegel, correct? So that is four to seven, and the motion fails.</a></span></p>
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<p><span><a data-m="3880600" class="thewords">Thank you. Did I get it right? Okay, good.</a></span></p>
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<p><span><a data-m="3890200" class="thewords">Our next item is an ordinance — health smoking... Oh, we switched, right? Smoking prohibitions... I'm confused now. In outdoor places, is that right? Okay. [laughs] Smoking in outdoor places prohibited. Councilor Mason?</a></span></p>
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<p><span class="overidecolr">Ccr. Mason</span><span><a data-m="3911200" class="thewords">Thank you, President Shannon. I'd like to make a motion to waive the reading, adopt the amendments as presented. And I'd actually invite Mr. Redmond and Mr. Nick up to the table to speak, if that's okay with the council president. After a second, sorry.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="3927000" class="thewords">After a second, yep. Seconded by Councilor Paul. Councilor Mason, did you want...?</a></span></p>
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<p><span class="overidecolr">Ccr. Mason</span><span><a data-m="3933900" class="thewords">Sure.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="3934000" class="thewords">You may come up, Mr. Nick and Mr. Redmond.</a></span></p>
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<p><span class="overidecolr">Ccr. Mason</span><span><a data-m="3941100" class="thewords">And I should've made clear, I didn’t talk to you guys, you don't have to speak if you... I didn’t want to... But I wanted to make the opportunity.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="3948000" class="thewords">Apparently, Mr. Nick just wanted to [unintelligible] at his seat. It looks like you may be wanted to speak to us. [laughter]</a></span></p>
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<p><span class="overidecolr">Nick</span><span><a data-m="3957400" class="thewords">Well, thanks for having us again. I brought the box. Everybody's seen this before. Most of the folks spoke to what we were to talk about, is the health effects of the, the negative health consequences of secondhand smoke. So everybody's done that already, you know what those are.</a></span></p>
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<p><span><a data-m="3973100" class="thewords">We just want to let you know that the marketplace commission went back, and at your request, rethought the ban, and we asked our commissioners if they support a 24-hour ban, which we voted unanimously to support.</a></span></p>
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<p><span><a data-m="3987300" class="thewords">So we're all in favor of that. And I think it’s important to note as well that this is not an effort to have folks leave the marketplace. This is an effort to ask folks to refrain from smoking while they're here, enjoying the marketplace, so that we all can enjoy the marketplace — smokers and non-smokers alike.</a></span></p>
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<p><span><a data-m="4006100" class="thewords">And we're also here to answer any questions you have, and Ron probably has something to say.</a></span></p>
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<p><span class="overidecolr">Redmond</span><span><a data-m="4009900" class="thewords">I'm good. I think... yeah. That's good.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="4012600" class="thewords">Thank you. Councilor Mason?</a></span></p>
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<p><span class="overidecolr">Ccr. Mason</span><span><a data-m="4015300" class="thewords">Thank you, President Shannon. So, I just want to bring the council a little bit up to speed on the process that's happened since the last time we were here at a first reading. The ordinance committee held actually three public hearings, at which we invited the public to attend. I will say there were a number of the very eloquent speakers who were here tonight, who also presented before the ordinance committee.</a></span></p>
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<p><span><a data-m="4036300" class="thewords">But the overwhelming majority of those who came were in support of the ban. We did hear one individual who came and spoke in opposition. It’s the owner of the tobacco shop on Church Street, so not a big surprise that that individual is opposed to the ban.</a></span></p>
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<p><span><a data-m="4053500" class="thewords">We also heard from the Chief of Police in terms of, you know, on the proposal, from going from a per-hour day to a 24-hour, and what we heard was that would be easier from an enforcement perspective. You guys obviously didn’t touch on, the survey that went back out on the 24-hour still showed a majority of owners, both retail as well as bar owners on Church Street, supported the 24-hour ban.</a></span></p>
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<p><span><a data-m="4078100" class="thewords">One last change that required a second public hearing: What had been presented at first reading — and I want to bring this to the council's attention — had not been vetted by the city attorney's office. So when it went through the city attorney's office, they did bring back to the council's attention that there was a broader definition of tobacco products, and also tobacco substitutes — you know, e-cigarettes.</a></span></p>
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<p><span><a data-m="4098500" class="thewords">So what’s before you tonight now incorporates the state definition of tobacco products, and also bans tobacco substitute, which is an e-cigarette. I'll speak — what I heard overwhelmingly was, from a public health perspective, there was no reason not to do this. And that was, for me personally, one of the big reasons why doing a seven to nine simply made sense. You know, we have a responsibility to those who are on Church Street after nine and before seven.</a></span></p>
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<p><span><a data-m="4127900" class="thewords">And I agree — you know, as we've moved successfully, as the commission has moved Church Street to, in essence, an outdoor café, we don't allow smoking in restaurants — you know, this is, a lot of Church Street now is very packed. And I appreciate, some will say there aren't many smokers, but when you're walking down Church Street and someone's smoking, you know it. And I don't see any reason that we shouldn’t, in essence, as Councilor Hartnett has said, it’s simple, this solves some of the infirmities that the last ban that this council dealt with in terms of exceptions and loopholes — this is simple.</a></span></p>
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<p><span><a data-m="4163000" class="thewords">Church Street, you know, Main Street to Pearl Street, if you're on the bricks, no smoking. So I hope the council will join me in moving this forward. Thank you.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="4171800" class="thewords">Thank you. Councilor Hartnett.</a></span></p>
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<p><span class="overidecolr">Ccr. Hartnett</span><span><a data-m="4174700" class="thewords">Thank you. So this has been before us numerous times. Or at least discussed numerous times. And I've opposed it every time. I think it was a couple years ago someone wanted to write a resolution, and which way the wind was blowing, we could maybe smoke on Church Street, I think I recall that resolution. Someone put that forward. If the wind was blowing, you couldn’t smoke, and if it wasn't, you could.</a></span></p>
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<p><span><a data-m="4202200" class="thewords">So we've been all over the map with this. But this is why that I'm in favor of this particular resolution. It is very defined. It is Church Street, it is the brick. The last one in front of us was downtown. That's much different. As far as King Street, I believe. Talked about side streets, talked about workers in restaurants not being able to go out back and having a cigarette break. That doesn’t apply here.</a></span></p>
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<p><span><a data-m="4234600" class="thewords">They can do so. It talked about, this was an ordinance to keep, you know, maybe the riff-raff from Church Street, or people from coming downtown that smoke on Church. Not so. Come downtown, enjoy downtown. You want to have a smoke? Step onto Pearl Street, go off to Bank Street.</a></span></p>
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<p><span><a data-m="4253500" class="thewords">So this ordinance isn't geared or intended to punish anybody. We have turned Church Street into an outdoor event center. At any given time there's two, 3,000 people down there on a summer night. Well past nine o'clock, well past ten o'clock. Having dinner.</a></span></p>
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<p><span><a data-m="4273200" class="thewords">And when you have that many people in that close proximity, and you have people smoking, it infringes on their health, there's no question about that. So I think this is a good move. I think it will be easily enforced. I think we'll have some stumbling blocks out of the gate. But in six months to a year we'll look back and we'll wonder why we even were debating it.</a></span></p>
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<p><span><a data-m="4295500" class="thewords">So I fully support this going forward.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="4300000" class="thewords">Thank you. Councilor Colburn.</a></span></p>
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<p><span class="overidecolr">Ccr. Colburn</span><span><a data-m="4304300" class="thewords">Thank you, President Shannon. I will also be supporting this. I actually spent the morning at Fletcher Allen with a family member as she received a diagnosis of a very aggressive form of cancer. And when we asked her doctor if it was caused by secondhand smoke, he said yes, unqualified yes.</a></span></p>
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<p><span><a data-m="4328500" class="thewords">And then he also volunteered that one of his recent patients was a waitress in the service industry who had never been a smoker. So that hit me pretty hard, just as I knew we'd be considering this this morning. I think at this point the health risks of secondhand smoke are indisputable. I hope none of us around the table would argue them.</a></span></p>
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<p><span><a data-m="4350400" class="thewords">And there's growing evidence that this really is a risk in open air spaces as well. I think there are very legitimate concerns that I've heard both around this table and in the community about this. And chief among them for me is ensuring that we really do our best to enforce this ordinance equitably. And I intend to definitely be a watchdog on that, and see how that unfolds.</a></span></p>
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<p><span><a data-m="4378900" class="thewords">But for me the question of public health really trumps all of those concerns, and that's been true for the vast majority of the constituents I've heard from. So I will be fully supporting this tonight.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="4391900" class="thewords">Thank you. Councilor Brennan?</a></span></p>
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<p><span class="overidecolr">Ccr. Brennan</span><span><a data-m="4396300" class="thewords">Thank you, President Shannon. I as well am co-sponsoring this resolution, and I just want to say that today, as part of my daytime job, I spent talking about hazardous waste and handling hazardous waste, and how that we as a society handle that. And we have to recognize that there's over 4,000 chemicals that are connected with tobacco products.</a></span></p>
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<p><span><a data-m="4431900" class="thewords">And some of those are cadmium, arsenic, which are heavy metals that, as we look, and as far as a hazardous waste aspect, we end up putting people in white suits, respirators, and trying to clean up those types of activities.</a></span></p>
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<p><span><a data-m="4452100" class="thewords">So having said that, our state is moving towards a single payer system, and part of the cost of a health care system is related to the last two years of life. The last two years of life is where much of the expense is actually coming into play. And when we have toxins of this nature and we're exposed to them in a chronic behavior, those last two years of life can be pretty costly.</a></span></p>
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<p><span><a data-m="4485400" class="thewords">So also with public health, but an economic aspect of it, I think we all have to recognize. We are looking to drive down our health care costs, and we want to encourage everyone to have a healthier life, so that those last two years of all our lives are not riddled with pain and suffering, and high expense.</a></span></p>
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<p><span><a data-m="4507800" class="thewords">So for those reasons, along with the other reasons stated tonight, I wish that all my fellow counselors would support this resolution.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="4521400" class="thewords">Councilor Bushor?</a></span></p>
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<p><span class="overidecolr">Ccr. Bushor</span><span><a data-m="4525000" class="thewords">So, thank you. I am a member of the ordinance committee, and if you've looked at the minutes, you know that I did not support the ordinance as presented to you.</a></span></p>
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<p><span><a data-m="4542500" class="thewords">Just so everyone recalls, it came to us from the marketplace with a nine to nine recommendation. Nine in the morning to nine at night, which I supported. Then it morphed into — and then it was amended by the council to be 24 hours, and went to the ordinance committee.</a></span></p>
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<p><span><a data-m="4563700" class="thewords">Somewhere along the lines, it went from nine to nine to six to nine, which was another scenario, which once again I supported. My concern has been all along to give a voice to the merchants, to make sure that we really were hearing from all of the merchants on the street, and most of those merchants that I was... It’s no secret, most of those merchants were the merchants that were restaurant owners and bar owners, and the clientele that comes to their establishments.</a></span></p>
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<p><span><a data-m="4601100" class="thewords">And we've all acknowledged that Church Street has multiple faces. There's the morning face, the afternoon face, the early evening face, and the nighttime face. And if you ever look at Two-Way Street that was put forward by the University of Vermont, it talks a lot about the after ten, after nine face of Burlington, and how it’s just a different breed.</a></span></p>
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<p><span><a data-m="4629500" class="thewords">So I continued to listen, to advocate for what I felt was the right approach, which was to work towards ultimately having a smoke-free Church Street. I've never really wanted it anything but that, but I really felt that we should have stepped slowly into this. Two steps, as opposed to one step.</a></span></p>
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<p><span><a data-m="4658100" class="thewords">But I continue to listen. And tonight I heard some more comments, and I actually, for reasons, was awake in the middle of the night, and I was thinking about this. Because I really feel that health does trump everything, and that ultimately, even though I've given that voice to the merchants, and I've talked about, "No, 24 hours was going too far," I've come to decide that I am going to change my position.</a></span></p>
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<p><span><a data-m="4697800" class="thewords">And I am going to support this ultimately as it comes forward. I think I always wanted to be at this juncture. I was trying to weigh people's rights versus people's health. But I want to thank the people that have taken the time to come to all the meetings, to the ordinance committee meetings, and the people that came to the full council.</a></span></p>
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<p><span><a data-m="4721600" class="thewords">And I want to thank my fellow councilors for making their points to me about how they see the situation. And so I'm going to support this. Thank you.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="4738100" class="thewords">Thank you. Councilor Knodell?</a></span></p>
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<p><span class="overidecolr">Ccr. Knodell</span><span><a data-m="4742400" class="thewords">I want to thank the ordinance committee for all the good work on this. And I still cannot quite get behind this. I think that it does send a message that smokers are not welcome on the Church Street Marketplace. I think it will reduce the diversity of people who feel like the Church Street Marketplace is a place for them too.</a></span></p>
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<p><span><a data-m="4770200" class="thewords">I think that eating and drinking establishments have the option right now of creating no smoking outdoors, and so that would preserve places for all people to go, and the market would kind of sort itself out. And I think that there are lots of serious public health concerns that this council does not take up, such as emissions from automobiles, that we are breathing that air in.</a></span></p>
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<p><span><a data-m="4798800" class="thewords">And I'm not hearing anybody talking about solutions to that. So at the end of the day I just cannot get comfortable with it, but of course respect the views of those who feel that it is a mandate. I was also a little concerned when I heard the Church Street Marketplace say that their mission is to promote public health. I don't think that's the mission of the Church Street Marketplace.</a></span></p>
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<p><span><a data-m="4820800" class="thewords">I can see it’s the mission of the city council perhaps. Again, I would argue that let's do an inventory of all the public health concerns, and we are addressing some of them in the public safety committee with the safe disposal and retrieval of used needles in our community. So I can't quite go here. Thank you.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="4843200" class="thewords">Councilor Wright?</a></span></p>
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<p><span class="overidecolr">Ccr. Wright</span><span><a data-m="4845500" class="thewords">Thank you. I respect also the views of the people who've worked on this and people that spoke tonight in the audience. There's people who want this who I have great respect for. But I am going to come down on the other side of this as well.</a></span></p>
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<p><span><a data-m="4862100" class="thewords">I think that the marketplace worked great this summer. Every time I went up and down the marketplace, it was hustling, bustling, it was doing great, people were having a good time, people were enjoying themselves. And I don't think that we should mess with that too much. I think this is more a solution looking for a problem, and so I will not be able to support it.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="4890400" class="thewords">Thank you. Attorney Blackwood, I was not planning to speak to this item, but I would like to speak to this item, and I wondered if it is inappropriate for me to pass the gavel at this point in the conversation.</a></span></p>
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<p><span class="overidecolr">Greenwood</span><span><a data-m="4906600" class="thewords">No. You would need to pass the gavel, but you may do that and take it back when the... But you couldn’t come back on this item. You would have to come back at the next item.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="4916600" class="thewords">Councilor Paul, would you mind taking the gavel? Could I...? [laughs]</a></span></p>
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<p><span class="overidecolr">Ccr. Paul</span><span><a data-m="4927000" class="thewords">President Shannon?</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="4929100" class="thewords">Thank you. I don't believe I have a conflict of interest here, but I do believe I have a personal interest. As probably most of you know, I'm asthmatic, and I'm very reactive to cigarette smoke. Probably many of you have been sitting with me at some point in an outdoor café when somebody comes up and starts smoking right next to us.</a></span></p>
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<p><span><a data-m="4954200" class="thewords">And it causes me to panic. In that moment it’s not necessarily causing me to have an asthma attack, but when you live a life that every day I take asthma medications to manage my asthma, so I have a baseline that isn't where everybody else is. You'll hear me coughing tonight, and it’s not because I have a cold; it’s because I have a chronic condition.</a></span></p>
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<p><span><a data-m="4982400" class="thewords">And when you add to that — and I'm not — you know, I don't have some rare chronic condition. I have something that a very large percentage of our community suffers with. There are a number of irritants that unavoidable to me.</a></span></p>
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<p><span><a data-m="5000600" class="thewords">This is one, that with the help of this council, will be a little bit more avoidable to me. I also support our no idling regulations, not only for personal health reasons, but because of the environment. And I supported a smoking ban on Church Street when the businesses did not support it, and I support it when the businesses do support it.</a></span></p>
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<p><span><a data-m="5031000" class="thewords">I support it not because I want any particular individual removed from the marketplace. I just want them to stop smoking in my presence. I want to be able to enjoy the marketplace. And that is oftentimes really difficult for me.</a></span></p>
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<p><span><a data-m="5050000" class="thewords">It is really the behavior, it is not the people. I don't think that I should have to be subjected to that. And while I actually think a whole lotta things should be legalized — to the extent that somebody wants to do, they have personal choices that don't affect me, I actually support that, go right ahead — as a child, I went to the hospital and had a shot of epinephrine because of my asthma.</a></span></p>
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<p><span><a data-m="5082900" class="thewords">That's something that they give you when you have a heart attack. It’s pretty serious. It also can kill you. So I will ask those who have spoken against this to please reconsider. I think that this is a modest step, and I think every step of the way we've had a couple councilors who haven't supported efforts to ban smoking at the various stages that we've done it, and I don't think they look back on that vote very well, because each step of the way —</a></span></p>
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<p><span><a data-m="5111100" class="thewords">When we banned smoking in airplanes, we thought, "You're gonna put people on airplanes for all those hours? They're going to, you know, how will they survive without smoking on an overseas flight?!" They do, they survive.</a></span></p>
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<p><span><a data-m="5127900" class="thewords">But I really would ask that you give consideration to the rights of people to just breathe air without being impacted by other people's secondhand smoke. Thank you.</a></span></p>
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<p><span class="overidecolr">Ccr. Paul</span><span><a data-m="5140600" class="thewords">Thank you, President Shannon. Are there any others that would like to speak? Councilor Legrand?</a></span></p>
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<p><span class="overidecolr">Ccr. Legrand</span><span><a data-m="5148500" class="thewords">Thank you very much. I would like to say that I will support this resolution, and I would like to just extend my comments. I think, from city fellow councilors, we have to careful when we make a statement that somebody's not welcome on Church Street. Because there is a whole group of people that could be potentially eliminating with such statement.</a></span></p>
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<p><span><a data-m="5166700" class="thewords">I think everyone is welcomed on the Church Street. We just have to be careful in terms of whether we are being objective or subjective in terms of the issue that we're putting out on the table, and what kind of concerns that we have. And I am in full support of what President Shannon has said. We do have some serious health concerns, and whether the behavior or action is a choice, we certainly have to respect that, but we also have to recognize a consequence.</a></span></p>
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<p><span><a data-m="5194500" class="thewords">And each day we look at the different issues and we take small steps to address those issues, and this is one of them. So I will fully support this resolution. And I think we just need to collectively reconsider it, what it’s really truly addressing. So, thank you.</a></span></p>
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<p><span class="overidecolr">Ccr. Paul</span><span><a data-m="5214400" class="thewords">Any others? Councilor Tracy?</a></span></p>
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<p><span class="overidecolr">Ccr. Tracy</span><span><a data-m="5218400" class="thewords">I had a couple of questions. I don't know what to call you. Councilor Paul, may I address them to Chair Mason?</a></span></p>
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<p><span class="overidecolr">Ccr. Paul</span><span><a data-m="5227200" class="thewords">Sure.</a></span></p>
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<p><span class="overidecolr">Ccr. Tracy</span><span><a data-m="5230200" class="thewords">So when we heard this for a first reading, I had asked for a couple of questions to be answered, or a couple of issues to be sort of discussed. The first of which was the notion of spillover. This ordinance defines it pretty clearly as Church Street itself, and one of my concerns was the notion of people going off into a more condensed area off the street, the sidewalks, and not being able to avoid that without necessarily crossing the street.</a></span></p>
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<p><span><a data-m="5261000" class="thewords">Can you talk a bit — did the committee deliberate on that?</a></span></p>
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<p><span class="overidecolr">Ccr. Mason</span><span><a data-m="5265500" class="thewords">It was up for discussion. There were questions posed, there was a concern raised about that, what would be the net effect on Cherry Street in particular? Mr. Nick pointed out he happens to own the building. So, I mean it is something that the commission, we asked the Church Street Marketplace Commission to be cognizant of in dealing with. Because we're not empowered with dealing with that.</a></span></p>
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<p><span><a data-m="5286700" class="thewords">But other than that, no, I mean that was the extent of our discussion and analysis of that issue.</a></span></p>
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<p><span class="overidecolr">Ccr. Tracy</span><span><a data-m="5293400" class="thewords">And Attorney Blackwood, if I might ask, I had raised issues, just wanting to be sure, given some of the challenges we've seen with other Church Street ordinances, does this fit within sort of a time, place and manner kind of control, kind of restriction under the First Amendment? Is this, in your opinion, a sound kind of legal mechanism?</a></span></p>
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<p><span class="overidecolr">Blackwood</span><span><a data-m="5317200" class="thewords">I don't think a ban on smoking implicates the First Amendment.</a></span></p>
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<p><span class="overidecolr">Ccr. Tracy</span><span><a data-m="5321800" class="thewords">Okay. Is it constitutional in other ways?</a></span></p>
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<p><span class="overidecolr">Blackwood</span><span><a data-m="5324800" class="thewords">It’s purely regulating someone's behavior — smoking — not their opinions about smoking, their speaking about smoking, or another First Amendment concern.</a></span></p>
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<p><span class="overidecolr">Ccr. Tracy</span><span><a data-m="5334300" class="thewords">Okay. And then another sort of a question that I had that was raised was with regards to selective enforcement, and how selective enforcement is sort of checked by this. One of the concerns was you have a man in a suit smoking a cigar. How is that person going to be treated the same as the homeless person smoking a cigarette? Kind of thing.</a></span></p>
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<p><span><a data-m="5364500" class="thewords">And so are there tools within this or conversations that you had to present that, that —</a></span></p>
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<p><span class="overidecolr">Ccr. Mason</span><span><a data-m="5370300" class="thewords">So the chief has left the building. That is something that did come up. I believe the understanding is enforcement in essence will be self-policed for some [unintelligible] of time. The marketplace commission, I understand, will be undertaking some type of public education component as this rolls out. But the belief — there will be officers who will be empowered to enforce this — but I believe, much like the bike ordinance or other Church Street, this will be the public that will be enforcing this until it’s generally accepted.</a></span></p>
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<p><span class="overidecolr">Ccr. Tracy</span><span><a data-m="5407100" class="thewords">Okay, thank you.</a></span></p>
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<p><span class="overidecolr">Ccr. Paul</span><span><a data-m="5410100" class="thewords">Thank you, Councilor Tracy. Councilor Bushor?</a></span></p>
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<p><span class="overidecolr">Ccr. Bushor</span><span><a data-m="5412300" class="thewords">Yes. I'm gonna call you acting President Paul, okay? Or interim or whatever. Anyways, so when you asked Councilor Tracy about the side street issue, that was something, as Councilor Mason addressed — I was concerned about that too. The congregation of people.</a></span></p>
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<p><span><a data-m="5435900" class="thewords">Someone did mention other communities that have undertaken an initiative like this. And there was a move afoot — I just want to be honest — that was realized. There was some congregating of people on these side streets. And smoke then became an issue. And so there was a discussion about should we expand the no smoking area? So I think that we will learn from this and find out what the reality is here.</a></span></p>
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<p><span><a data-m="5472600" class="thewords">You know, I walked up and down the street many times. I like Church Street anyways. But I walked up and down the street many times, looking at where restaurants were, did my own little research here, and where side streets were and how people could access, whether there was a side door or an alley, or where people would actually be smoking who may want to smoke</a></span></p>
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<p><span><a data-m="5494400" class="thewords">And I'm making the assumption that smokers only eat and drink. I mean some people don't come down just to eat and drink. And trying to figure out what that impact would be. But we really don't know that right now. So I was convinced that our own experience will be Burlington's experience, and maybe we won't face some of the problems that we think we might face. But we'll have to deal with those as they come forward.</a></span></p>
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<p><span class="overidecolr">Ccr. Paul</span><span><a data-m="5526500" class="thewords">Thank you, Councilor Bushor. Seeing no one else, we'll go to a vote. Oh, I'm sorry. Mayor Weinberger.</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="5535700" class="thewords">Thank you, Councilor Paul, I appreciate the opportunity. I just wanted to share a few thoughts, from a couple perspectives. One, when I was last campaigning, going door to door, there were few issues that Burlingtonians cared more about than this issue. It was quite memorable to me the number of individuals who wanted that weigh in on this question, based on the actions the council took almost three years ago on this.</a></span></p>
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<p><span><a data-m="5568100" class="thewords">And at the time, that ban was not one that I supported. I did want to share that I am supportive of this action, the proposed action tonight. And my position is really based on several factors. One, I think this is a far narrower ban than the prior one. As Councilor Hartnett articulated clearly — and I don't think I really need expand on — I think this is one that is much more narrowly focused on a specific problem, and much more clearly enforced.</a></span></p>
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<p><span><a data-m="5604300" class="thewords">Secondly, I want to note the way in which the important stakeholders to Church Street have articulated their support for this ban that I think is meaningful and difficult to ignore. The fact that the Church Street Marketplace has unanimously supported this is significant. The fact that the public health groups who we've heard from throughout this debate have so strongly, in such a sustained manner, made the arguments of the public health impacts on this, is significant.</a></span></p>
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<p><span><a data-m="5638500" class="thewords">And then finally, I think another thing that's happened in the three years since we last considered this issue is that there are many more precedents around the country for us to look to, where municipalities have taken action to regulate smoking in comparable outdoor spaces, from the very similar Pearl Street in Boulder, Colorado, to Times Square in New York City, to a wide variety of outdoor public spaces in Atlanta.</a></span></p>
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<p><span><a data-m="5674400" class="thewords">There are now numerous places we can look to where this action's been taken, and has proven to be effective, just in the time since we last considered this, and have proven to be popular. So after struggling with this question for some time, I find myself in the place that President Shannon articulated, in believing that this kind of focused ban will be seen over time, as our society continues to evolve, as being on essentially the right side of this issue, and I think will be well accepted by Burlingtonians and our visitors over time, and I am supportive of the council going forward with this tonight.</a></span></p>
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<p><span class="overidecolr">Ccr. Paul</span><span><a data-m="5722700" class="thewords">Thank you, Mayor Weinberger. Seeing no other comments from the council, we'll go to a vote. All those in favor of the ordinance — health, smoking in outdoor places prohibited, please signify by saying aye.</a></span></p>
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<p><span class="overidecolr">Various</span><span><a data-m="5736600" class="thewords">Aye.</a></span></p>
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<p><span class="overidecolr">Ccr. Paul</span><span><a data-m="5737800" class="thewords">All those opposed, please say no.</a></span></p>
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<p><span class="overidecolr">Various</span><span><a data-m="5740100" class="thewords">No.</a></span></p>
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<p><span class="overidecolr">Ccr. Paul</span><span><a data-m="5741800" class="thewords">And the noes are Councilors Wright, Knodell, and Tracy. The motion passes. I'll pass the gavel over to council President Shannon.</a></span></p>
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<p><span class="overidecolr">Redmond/Nick</span><span><a data-m="5751800" class="thewords">Thank you very much, thanks for your help.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="5753700" class="thewords">Thank you.</a></span></p>
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<p><span><a data-m="5766300" class="thewords">Our next item is an ordinance, smoking prohibitions at city parks. Councilor Mason?</a></span></p>
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<p><span class="overidecolr">Ccr. Mason</span><span><a data-m="5774000" class="thewords">Thank you, President Shannon. I'd like to waive the reading, consider this a first reading, and refer to the ordinance committee, and I do not need the floor back, after a second.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="5783900" class="thewords">Seconded by Councilor Ayres. Any comments from the council? Councilor Hartnett?</a></span></p>
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<p><span class="overidecolr">Ccr. Hartnett</span><span><a data-m="5794700" class="thewords">So, unlike the Church Street Marketplace, this is much more broad, and this does go to the effect of identifying people, and now we are telling groups of people that you're not welcome in our parks. That's a lot different than Church Street and downtown.</a></span></p>
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<p><span><a data-m="5811500" class="thewords">And that's why I supported the one on Church Street, as I said before. You can come downtown and still enjoy — if you want to have a smoke, you step off the corner. In our parks, that's different. We're telling people now that you cannot smoke in our parks, anywhere in our parks, and I'm not comfortable with that.</a></span></p>
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<p><span><a data-m="5830200" class="thewords">I will agree to send this to first reading, but I think this has a long ways to go before we pass this one. So just want to go on the record. Thanks.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="5838600" class="thewords">Thank you. Councilor Tracy?</a></span></p>
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<p><span class="overidecolr">Ccr. Tracy</span><span><a data-m="5842600" class="thewords">I also share Councilor Hartnett's concerns about this. But I think I would be remiss to ask you all to look into something on one resolution, and then to say that in the context of an ordinance, to say that we shouldn’t look into other things. And so I know that on the first reading of the other one, that I did vote against the first reading of the Church Street one.</a></span></p>
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<p><span><a data-m="5866100" class="thewords">I however do feel that this debate and conversation that occurred as a result of that was a really productive one, and I absolutely value the opinions expressed, the hard work done by the ordinance committee. I look forward to hearing more from them. And so I feel okay about that, but at the same time I do have the same skepticism shared by Councilor Hartnett.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="5887900" class="thewords">Any further comments? All those in favor of the first reading of the ordinance, health, smoking prohibitions at city parks, please say aye.</a></span></p>
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<p><span class="overidecolr">Various</span><span><a data-m="5898100" class="thewords">Aye.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="5898900" class="thewords">Any of positioned?</a></span></p>
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<p><span class="overidecolr">Ccr. Knodell</span><span><a data-m="5900100" class="thewords">No.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="5901600" class="thewords">Councilor Knodell is opposed. The motion passes 13 to one.</a></span></p>
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<p><span><a data-m="5915700" class="thewords">We now go to committee reports.</a></span></p>
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<p><span><a data-m="5924900" class="thewords">It was removed from the agenda. The last ordinance was removed from the agenda? Councilor Knodell?</a></span></p>
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<p><span class="overidecolr">Ccr. Knodell</span><span><a data-m="5933500" class="thewords">Yes, I'd like to report for The Community Development And Neighborhood Revitalization Committee. We've been meeting very regularly. We met on November 6th last week, and we had our second, quite extensive discussion of the Foreign Related Individuals Ordinance.</a></span></p>
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<p><span><a data-m="5952000" class="thewords">We had a report from Mr. Ward and from Assistant City Attorney Sturtevant, and we got a lot of testimony from the public. There is a big disagreement about the grandfathering issue, and we are told that an alternative legal memo is on the way, which the committee hopes to receive and to be able to evaluate.</a></span></p>
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<p><span><a data-m="5976400" class="thewords">Because of this disagreement about grandfathering, there are also differing views about whether this ordinance is being unenforced or not. If one takes the view that virtually no property in any of the residential zoning districts are grandfathered, then one sees lots and lots of violations that are not being enforced. If one does not interpret grandfathering that way, one does not see a big enforcement issue.</a></span></p>
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<p><span><a data-m="6004500" class="thewords">So suffice to say there's no consensus yet about whether we have a problem with non-enforcement of grandfathering.</a></span></p>
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<p><span><a data-m="6012300" class="thewords">But we're trying to be very data-based and kind of driven by legal argument and the evidence. We're going to meet on November 20th from six to eight at the Firehouse Gallery for the purpose of discussing the housing plan. I can't quite keep up if it’s a housing strategy, a housing plan, or a housing strategy plan.</a></span></p>
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<p><span><a data-m="6041600" class="thewords">But we're going to get the latest version of it. The mayor released his version today, which is now available on the website of the community and economic development office. We invite members of the public to look at it, to come to our meeting, and share with us your views. And the committee, I think it would be great for the committee to get this back to the council at one of the December meetings, so we can kind of wrap this issue up this year. Thank you.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="6073600" class="thewords">Councilor Colburn?</a></span></p>
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<p><span class="overidecolr">Ccr. Colburn</span><span><a data-m="6077200" class="thewords">At the request of Councilor Hartnett, I'll give a brief update from the public safety committee. We had, our most recent meeting we spent looking again at the issue of needle retrieval, which we're wrapping up. So we had great discussion with many city departments, and got a good sense of some of the improvements that are happening there.</a></span></p>
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<p><span><a data-m="6100600" class="thewords">We were also excited to learn that the Burlington Police Department have been working with the Code Enforcement Office to revise their policy a little bit. So currently, if you find a needle in the community, you've only been able to have that retrieved kind of during business hours Monday through Friday, but the police department will now be triaging those calls in the evening and weekends.</a></span></p>
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<p><span><a data-m="6132100" class="thewords">And we will be meeting on November 18th, next week, from six to eight, and looking again at those issues.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="6143900" class="thewords">Thank you. Councilor Tracy?</a></span></p>
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<p><span class="overidecolr">Ccr. Tracy</span><span><a data-m="6146000" class="thewords">Yeah. So the Transportation, Energy and Utilities Committee will be meeting this Wednesday at 4:45 at DPW, and a couple different updates. We're going to be hearing about some of the changes to parking, how that's going, some initial feedback that we've gotten. Another thing is that there's been some great sidewalks work happening that the city has dedicated some additional resources to sidewalks, and so wanting to understand the real scope of that.</a></span></p>
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<p><span><a data-m="6170500" class="thewords">You may have seen the press release that was sent out. It’s pretty impressive stuff, really really great progress being made there, and just want to get a full sense of what that is and how we might continue that progress. I was hoping to get a BED update, but I didn’t realize that their commission meeting's actually that week as well.</a></span></p>
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<p><span><a data-m="6186200" class="thewords">And then the thing that I'm probably most excited for is I've been actually working with the Service Learning class up at UVM of students. And given that we've just recently secured funding for a bike master plan, we still have to design that process. And so what I asked the students to do was to do research on other communities that have gone through such a process, and to present to us what they've learned on those things.</a></span></p>
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<p><span><a data-m="6210500" class="thewords">So asked them to keep it short, but just kind of helping us to try and use some of the great power that we have being in a university town. So that's what we're going to be dealing with. Thanks.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="6222000" class="thewords">Thank you. Councilor Mason.</a></span></p>
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<p><span class="overidecolr">Ccr. Mason</span><span><a data-m="6224700" class="thewords">Thank you, President Shannon. Ordinance Committee will be meeting this Thursday, 5:30, room 12, to consider proposed changes to chapter 18 certificate of compliance, and proposed changes to chapter 18 housing deposits. Thank you.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="6241100" class="thewords">Anyone else? Councilor Wright?</a></span></p>
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<p><span class="overidecolr">Ccr. Wright</span><span><a data-m="6250500" class="thewords">Thank you. The Parks Committee continues to meet and continues to get updates on a number of issues in regards to the bike path, in regards to the waterfront, and a number of other areas. We also had a surprise issue — at least it was a surprise to me that was brought up in our public forum last meeting, where James Lockridge came with a number of other people who raised some concerns about Burlington City Arts.</a></span></p>
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<p><span><a data-m="6276600" class="thewords">And they have been circulating a petition now. And one of the things they're talking about is looking at having a commission to oversee BCA. I'm not sure I think that's a good idea, but I think that we will continue to get input from those folks, and we'll hear more about that issue. Thanks. And we're also — I'll have to actually check the date. We're meeting next... 19th, thank you.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="6303300" class="thewords">Thank you, Councilor Wright. Councilor Siegel?</a></span></p>
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<p><span class="overidecolr">Ccr. Siegel</span><span><a data-m="6306100" class="thewords">Thank you very much. The Charter Change Committee meeting will next convene on Tuesday, November 18th from ten to 11, and we're going to be looking at a couple of things. We are still drafting the resolution that was requested of us for a referendum question regarding people living in Burlington who are not citizens of the USA being able to serve on all boards and commissions, and being employed as department heads.</a></span></p>
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<p><span><a data-m="6337400" class="thewords">So we'll be looking at that, and then we also are just doing some more expansive looking at boards and commissions that aren't necessarily the purview of charter change per se, but since we've been looking at them a lot, there have been some questions that have come up about some parts of the application, some questions about the term lengths for certain appointments, the number of commissioners or board members on a given board.</a></span></p>
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<p><span><a data-m="6364200" class="thewords">So we'll be discussing some of that, if anyone's interested in coming and chiming in or listening. Thanks.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="6371700" class="thewords">Thank you. Anyone else? As chair of this board, I wanted to report I was tasked with selecting members to serve on the form-based code committee. And I have asked Councilor Tracy and Councilor Paul to serve on that committee. I'm sorry to say I didn’t get all of my first choices, and when that happened, I decided to appoint myself in addition on that committee.</a></span></p>
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<p><span><a data-m="6402500" class="thewords">I had been asked to serve by the mayor on the form-based code committee over the course of, I don't know, the last year or so, that included developers and architects and people kind of technically involved with the form-based code. And so I would like to continue to carry that forward in this committee.</a></span></p>
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<p><span><a data-m="6421800" class="thewords">And so I will be serving along with Councilors Tracy and Councilor Paul. We can now go to our city council general city affairs. Councilor Wright?</a></span></p>
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<p><span class="overidecolr">Ccr. Wright</span><span><a data-m="6438200" class="thewords">Beatcha. Thank you, President Shannon. I will just make this quick comment about the elections on Tuesday to say that, in a debate earlier a councilor said that we are moving towards single payer. In light of the governor's race, I'm not so sure.</a></span></p>
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<p><span><a data-m="6462700" class="thewords">Sorry. But I would also like to say we had a public hearing here, I think it was the week before last — my memory's starting to fade now here — but on the permit resolution that we passed, that the council passed. And I think we got a lot of good feedback that night.</a></span></p>
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<p><span><a data-m="6483000" class="thewords">There's a lotta people that were not able to come out that called me or emailed me, but we got a lot of good feedback. I do hope in the future that when we have a public hearing, that the council passes, when we're hearing from the public about a serious subject that people want to give us feedback on, that we make sure that, when the date is picked, that we make sure that enough councilors can come.</a></span></p>
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<p><span><a data-m="6505600" class="thewords">I was a little disappointed that only eight councilors were able to be here. Thank you.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="6510800" class="thewords">Thank you. Councilor Bushor?</a></span></p>
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<p><span class="overidecolr">Ccr. Bushor</span><span><a data-m="6514800" class="thewords">Thank you. I brought the paper from Saturday, and I don't always buy the paper. I might look at it online, but I don't always buy the paper. But I was so excited about the seven-figure surprise. And all the agencies — Boys &#;x26; Girls Club, COTS, Spectrum, Dismas, and Community Health Center getting $1 million from a family whose name I recognize, and whose name I — even though Councilor Wright asked the mayor how to pronounce this family's name, I don't think I know how to still.</a></span></p>
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<p><span><a data-m="6552000" class="thewords">It’s Hoehl? It doesn’t look like that, though. But anyways, thank you. This was wonderful. And I just can't think of agencies that are more deserving. So, anyways, that made my day. And so I just wanted to make sure that people, if people missed getting the paper or missed that announcement, that they know that all these agencies that really serve our community so well got funding that will definitely help everybody in the community.</a></span></p>
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<p><span><a data-m="6588900" class="thewords">The other thing I wanted to say is that in Ward One, as Councilor Knodell talked about, the CD Committee, if you want to meet Ward One residents, go to the CD Committee because they are there in force. And I'm now a believer, even though I'm not a member of the committee, I go all the time because they are dealing with hot topics that really are important to my section of the city.</a></span></p>
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<p><span><a data-m="6615000" class="thewords">So I look forward to getting that opinion about grandfathering and understanding this whole issue. It is discouraging to hear people who see the community in a different way say that the impression is that we have an ordinance that is not being enforced. And that's very discouraging to me, since a number of us have worked really heard to make this happen, and hopefully it does make a difference in our community.</a></span></p>
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<p><span><a data-m="6645500" class="thewords">The other thing that Ward One residents are passionate about — and I'm giving this information now freely to the mayor, who's coming to the Ward One NPA on Wednesday — but the other thing that Ward One residents are passionate about is their sidewalks. And the lack of, or disrepair. And although Councilor Tracy referenced something about sidewalks, I didn’t get it all, so I don't know if there's good news or whether this is the inventory that's being done.</a></span></p>
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<p><span><a data-m="6676600" class="thewords">So I just wanted to let you know that life in Ward One is, I think, pretty good. But we certainly have our issues, just like other sections of the city. And so I look forward to having the mayor come on Wednesday. Thank you very much.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="6694500" class="thewords">Thank you. Councilor Knodell?</a></span></p>
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<p><span class="overidecolr">Ccr. Knodell</span><span><a data-m="6698500" class="thewords">Yes. I wanted to — I think we all received a letter from Mr. Lee about some irregularities that took place in the conduct of the election in that legislative district. And I know that the mayor has asked Mr. Rusten for a report, an analysis, and some recommendations.</a></span></p>
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<p><span><a data-m="6720100" class="thewords">And I think it is something that I would like to see come to the council, perhaps the council acting as a board of civil authority. And I just wanted to issue that verbal request at this time.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="6732900" class="thewords">Thank you. Councilor Hartnett?</a></span></p>
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<p><span class="overidecolr">Ccr. Hartnett</span><span><a data-m="6736700" class="thewords">Thank you. On Thursday, November 6th was one year ago that William Burnett was tragically shot in the New North End. I went over and spent some time with his mom and dad, Larry and Dottie. We had a great conversation. It’s been a tough year for the Burnett Family, but they seem to be getting through it.</a></span></p>
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<p><span><a data-m="6759300" class="thewords">They did have a couple wishes for me to pass along. One of them was that they were very appreciative of the changes that we have made here in the city on the way that we handle mental health issue calls in the Burlington Police Department. I think we've had maybe over 400 since that incident, without one incident happening, as a change in protocol.</a></span></p>
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<p><span><a data-m="6780500" class="thewords">I congratulate this city, really, and the police chief, and the Burlington Police Department in that, and I think, although it might’ve been too late for them, I think they feel that they had a hand in saving some other lives, and I think that was important.</a></span></p>
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<p><span><a data-m="6795300" class="thewords">They also made mention to me that Wayne's issues started when he came back from the war, and Wayne was a veteran, and this Tuesday, tomorrow will be Veteran's Day, and asked if we would keep Wayne in our thoughts and prayers on Veteran's Day, along with all the other veterans. So I hope we can do so. Thanks.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="6814600" class="thewords">Thank you, Councilor Hartnett. Councilor Siegel? I'm sorry. I meant Councilor Colburn. [laughs]</a></span></p>
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<p><span class="overidecolr">Ccr. Colburn</span><span><a data-m="6825600" class="thewords">Thank you, President Shannon, and just to follow up on Councilor Hartnett's comments, I want to thank Councilor Hartnett too for just the role that he's played as an advocate in really working with the police department to make some of those changes in protocol. We're very grateful to you for that.</a></span></p>
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<p><span><a data-m="6847500" class="thewords">I wanted to also talk about the police briefly. So three of us — Councilor Knodell, Councilor Hartnett and I were at an inaugural coffee with the Chief of Police last Friday morning, and it was a really great event, I thought. I just wanted to commend Chief Schirling for moving so question with making that happen, and I really appreciated that he worked very collaboratively with me and with others in setting that up.</a></span></p>
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<p><span><a data-m="6884000" class="thewords">It was a great discussion. It’s going to be a monthly event. So I really encourage people to come. It’s a great opportunity to meet the chief, to understand more about the role of police in your community, to ask tough questions if you have tough questions too. And I think we have a real opportunity to keep rethinking that event and moving it around to reach different audiences and different communities.</a></span></p>
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<p><span><a data-m="6909100" class="thewords">So that was fantastic. And I also just want to highlight an event that's happening in the community next week that I'm participating in. It’s called the Three Squares Vermont Challenge, and I know Mayor Weinberger did it a couple of years ago, which is the first time I did it as well.</a></span></p>
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<p><span><a data-m="6928600" class="thewords">So the challenge is to eat off of the average Three Squares Vermont benefits, which is $36 a person, for a week. It’s a really eye-opening experience to do that. So I invite all of you here to join me. I invite those of you at home to join me, and if you want to — it’s a really powerful way to raise awareness about food security and hunger issues that so many of our neighbors are facing in this community and across the state.</a></span></p>
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<p><span><a data-m="6958700" class="thewords">So if that's something you want to learn more about, visit the Hunger-Free Vermont website, and if you want to hear more about it here tonight, feel free to — I'm happy to tell you, and I'm sure Mayor Weinberger could tell you about his experience as well. Thank you.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="6972600" class="thewords">Thank you. Councilor Brennan?</a></span></p>
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<p><span class="overidecolr">Ccr. Brennan</span><span><a data-m="6974600" class="thewords">Thank you, President Shannon. I, like Councilor Bushor, noticed something in the paper this weekend, and I was a little disheartened by the disbandment of the committee between the city council and the school district.</a></span></p>
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<p><span><a data-m="6994600" class="thewords">But also understanding. I just feel that I need the opportunity here to raise some awareness. We should all be concerned about our schools right now. There's a lot of things going on at the schools. I know that there's a bunch of parents that will be going to the school board meeting tomorrow night regarding the school buses, and the cost of the school buses.</a></span></p>
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<p><span><a data-m="7026600" class="thewords">And the inequity that is actually being played out. And I think there's a lotta good things that are happening in the city, and the mayor, the strategic plan, diversity and equity is a great leadership role. And we should acknowledge these positive things that are happening in our city.</a></span></p>
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<p><span><a data-m="7049700" class="thewords">And certainly, as we look at our schools, these are our children, all of our children, that we want to become productive members of our community. And we're looking for a new superintendent, and we want to have that opportunity to attract the brightest to lead our schools. And you know, I think that we should all be concerned and we should find ways to do so. Thanks.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="7081600" class="thewords">Thank you. Councilor Siegel?</a></span></p>
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<p><span class="overidecolr">Ccr. Siegel</span><span><a data-m="7084600" class="thewords">Thank you, President Shannon. I Vote Vermont is a community group that's organizing an educational campaign regarding the non-citizen voting referendum question that we be seeing on the ballot in March. So if you're interested in getting involved with I Vote Vermont or learning more about what the question on the ballot means, there's a meeting on Monday the 17th from five to six at the Fletcher Free Library.</a></span></p>
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<p><span><a data-m="7116700" class="thewords">So even if you have Board of Finance at six, you can come over for the first 45 minutes, 'cause I know you want three back to back meetings. So again, next Monday from five to six at the library, I Vote Vermont will be talking about the referendum question on non-citizen voting.</a></span></p>
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<p><span><a data-m="7133500" class="thewords">And then the other thing I wanted to mention was four weeks ago, October 13th, we had the first of I think three meetings in a row where — maybe two meetings in a row — where we didn’t have time for any councilor comments or committee reports.</a></span></p>
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<p><span><a data-m="7147600" class="thewords">And I had intended to say something that day, because it was Columbus Day, and there is a movement around the country that has been successful in some municipalities to change the name of Columbus Day to Indigenous People's Day. And it has come about through an incredible coalition of Italian-Americans and indigenous people taking action together.</a></span></p>
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<p><span><a data-m="7173900" class="thewords">And our very own Kay [Sharon] has a bill that's been sitting in committee, H226, an act relating to changing the name of Columbus Day to Indigenous People's Day. It had its first reading and has been on the wall since 2011. I think it would be fantastic if that was a statewide change. It could be a first step to make it a city municipal change.</a></span></p>
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<p><span><a data-m="7197800" class="thewords">But obviously that didn’t happen this year, and I wanted to at least make note of the fact that there's a lot of misinformation about who Christopher Columbus was, and obviously about the history of this country. And so in honor of the indigenous people who are here and who are not here now, and the condition of their lives, those who are still here now, as a result of the imperialism that was started from that era, I think we just need to raise our consciousness and start thinking about different ways of presenting our history and who we commemorate. Thanks.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="7246300" class="thewords">Thank you. Following up on Councilor Brennan's comments, I would just draw people's attention to the fact that the financial consultant for the school board did give his report at the last Board of Finance meeting at the school board, which I think was last Tuesday, and it is available on their website now, I believe.</a></span></p>
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<p><span><a data-m="7272200" class="thewords">And that report actually did speak to the work that our joint committee was doing, not directly, but that that work does need to get done, and there should be a committee working on that, and I think that it’s really probably more of a question of timing for the school board on when to work on those issues, and kind of the order things, given the crisis, really, that they're in.</a></span></p>
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<p><span><a data-m="7298200" class="thewords">And at that meeting, by chance, they also talked about the bussing. Commissioner Shumski actually proposed that they restore the bussing, and unfortunately, at least from my perspective as a parent who sends her child on the bus, they voted in a 3-3 tie, the motion failed.</a></span></p>
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<p><span><a data-m="7320000" class="thewords">So I don't know if that'll come up at the full board meeting again tomorrow night, but it was discussed at that last meeting. So that's all I have, and I will turn it over to Mayor Weinberger.</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="7335900" class="thewords">Thank you, President Shannon. So, as Councilor Bushor noted, I will be at the NPA Ward 1-8 now NPA, I think, is the way we're —</a></span></p>
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<p><span class="overidecolr">Ccr. Bushor</span><span><a data-m="7346700" class="thewords">Ward 1-8, yes.</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="7348400" class="thewords">To discuss it on Wednesday. And I was at Ward Six last week, and will be going to the other three NPA meetings over the next couple weeks, because there's a lot going on in the city right now. I did want to get around to all of them in November to share updates and take input on a number of different items.</a></span></p>
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<p><span><a data-m="7369100" class="thewords">One of the things that has happened recently is we have had a ruling from the Public Service Board with respect to the settlement agreement that we signed with Citibank earlier in the year. And we are pleased with that ruling, it is a unanimous ruling supporting, approving the settlement agreement and related financing.</a></span></p>
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<p><span><a data-m="7390900" class="thewords">For councilors, I want to make sure the council is all clear on the plan going forward with respect to BT. We did talk about it in the work session earlier. But to make sure it’s clear that we will have a Board of Finance meeting next Monday that will be largely focused, almost entirely focused on Burlington Telecom. And we will then be looking for Board of Finance action on two separate Burlington Telecom-related resolutions next Monday.</a></span></p>
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<p><span><a data-m="7423600" class="thewords">Followed by a concurrent action, then, at the full council meeting, so that we can stay on schedule to bring to resolution the lawsuit and that sort of chapter of the city's history. So in the interest of next Monday being as productive as possible, we certainly would welcome any questions or requests for additional information that the council might have coming related to the packet of information that you received regarding those two resolutions.</a></span></p>
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<p><span><a data-m="7457300" class="thewords">We also will be — there was a request tonight for some sort of additional summary documents. That's something we will work to get out quickly.</a></span></p>
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<p><span><a data-m="7469000" class="thewords">We did, on November 1st, make a significant change in the city's parking policy. And I want to say I'm really appreciative and pleased with the effort made by [Cedar] staff and Department of Public Works to make that transition as understandable and as clear as possible.</a></span></p>
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<p><span><a data-m="7489100" class="thewords">We had staff working into the evening hours and on the weekends to explain the changes, and disseminate information about how the new system works. And from my perspective this change is off to a good start, and there are upcoming opportunities for the public to weigh in on that further in the weeks ahead, and then in future months as the parking conversation continues.</a></span></p>
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<p><span><a data-m="7521900" class="thewords">The retirement committee has completed its work, and the report is about to be released, and the council should look for that in the days ahead, and the public should look for that. I really appreciate the work that was done by council members as well as the numerous other members of the retirement committee working since January, and I think we've really —</a></span></p>
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<p><span><a data-m="7552400" class="thewords">The shared understanding of what the problem is and what potential solutions to it might be, I think, has really advanced as a result of that effort. As Councilor Knodell mentioned, a new version of the housing report is out as of today. This is Housing Action Plan.</a></span></p>
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<p><span><a data-m="7572000" class="thewords">And I will say that in response to — the public has been quite interested in this plan and we've received significant amounts of public input on the prior drafts in response to that, and as a result of sort of further analysis and thought about how the plan should be written.</a></span></p>
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<p><span><a data-m="7594400" class="thewords">The new draft out is significantly revised since the last release, and I would say it is not necessarily done. The fact, certainly from my perspective, that there were significant revisions from last time — I'm looking forward to what the public reaction will be this time, and working through with Councilor Knodell's committee on the final version of that document.</a></span></p>
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<p><span><a data-m="7618700" class="thewords">I think there's a lot of consensus of things we need to be moving forward with. There are some controversial items. But overall, I think it’s been a very positive discussion. I'm looking forward to the conclusion of that process.</a></span></p>
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<p><span><a data-m="7631200" class="thewords">It has been noted... Well, it was mentioned that in response to the need to reprint ballots, I have, as a result of errors on the Justice of the Peace section of the ballot, I have asked CAO Rusten to review all of our election protocols to avoid the repeat of this type of error in the future, and really to explore other election-related issues that have been raised as concerns by members of the public.</a></span></p>
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<p><span><a data-m="7671200" class="thewords">And he is working on that report. He will deliver it within 30 days of the election. So, 30 days from last Tuesday. And I certainly share the frustration that we should not have to reprint ballots, we should not be making errors of this type, and I'm looking forward to the findings of CAO Rusten and working to implement changes to avoid that kind of error in the future.</a></span></p>
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<p><span><a data-m="7704200" class="thewords">Couple final things, looking forward: The first meeting of the Mayor's Book Group is taking place this Wednesday at 5pm in the Billings Library at UVM. We're looking forward to the first of these events, and we'll be discussing an idea whose time has come — a history of the Civil Rights Act of 1964.</a></span></p>
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<p><span><a data-m="7731800" class="thewords">And I know several councilors have signed up. You don't need to read the book to come and enjoy. The conversation I think will be an interesting one. I think councilors may be interested in — I think about 340 pages are about sort of parliamentary procedures and ways to get legislation done.</a></span></p>
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<p><span><a data-m="7754600" class="thewords">It’s quite an interesting read. And we're looking forward to the discussion on Wednesday. I wanted to note for the council and public, I will be participating in next week's two-day Green Mountain Imperative Breakthrough Summit, this two-day appreciative inquiry summit focused on our education system, ways to improve outcomes for our children while also better utilizing our financial resources.</a></span></p>
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<p><span><a data-m="7789700" class="thewords">I think... This is going to, again, be using this appreciative inquiry method that we just over the weekend had news of Champlain College launching a whole center around this. I'm quite interested. It’ll be first time I've been involved in an appreciative inquiry summit, and I raise it here just so the council knows, it continues to be a high priority in the administration that we make progress on this issue in the upcoming legislative session.</a></span></p>
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<p><span><a data-m="7816300" class="thewords">I'm hopeful this event will be significant in achieving progress on that front. And finally, I want everyone to know that you have the opportunity to see a city employee, our own, Burlington Telecom's own Gillian Wildfire, star in one of the lead roles in the Lyric Theater's production of "The Producers", which starts this weekend, runs November 13th through 16th, and should be a...</a></span></p>
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<p><span><a data-m="7848800" class="thewords">If anyone saw the preview on CAX over the weekend, I think it’s gonna be a great performance, and I'm looking forward to it. So with that, President Shannon, thank you, and back to you.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="7858500" class="thewords">Thank you. And with no further business, I will adjourn the city council meeting. We now have the council with mayor presiding, and if the mayor wouldn't mind a brief two- or three-minute delay prior to convening that meeting, I'd just like to have a brief consultation with the city attorney.</a></span></p>
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<p><span><a data-m="7881700" class="thewords">We're adjourned.</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="7884000" class="thewords">I will call into session the Burlington City Council with mayor presiding. First item on the agenda if the agenda. Are there changes to the agenda? And if not, I'll accept a motion to accept the agenda as presented.</a></span></p>
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<p><span class="overidecolr">Councilor</span><span><a data-m="7897600" class="thewords">So moved.</a></span></p>
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<p><span class="overidecolr">Ccr. Ayres</span><span><a data-m="7899200" class="thewords">Second.</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="7899900" class="thewords">Seconded by Councilor Ayres, thank you. All those in favor of the motion, please say aye.</a></span></p>
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<p><span class="overidecolr">Various</span><span><a data-m="7905800" class="thewords">Aye.</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="7907000" class="thewords">Opposed? That passes unanimously. The next item is the consent agenda. Is there a motion to accept the consent agenda and take the action indicated?</a></span></p>
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<p><span class="overidecolr">Councilor</span><span><a data-m="7914500" class="thewords">So moved.</a></span></p>
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<p><span class="overidecolr">Councilor</span><span><a data-m="7914900" class="thewords">Second.</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="7918200" class="thewords">All those in favor of the motion, please say aye.</a></span></p>
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<p><span class="overidecolr">Various</span><span><a data-m="7920000" class="thewords">Aye.</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="7920800" class="thewords">Any opposed?</a></span></p>
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<p><span class="overidecolr">Councilor</span><span><a data-m="7921400" class="thewords">[unintelligible] cigarette on Church Street. [laughs]</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="7932200" class="thewords">All right, I didn’t catch that. The next item is in the appointment to the airport... sorry.</a></span></p>
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<p><span><a data-m="7939800" class="thewords">The next item is appointment to the public... [laughter] Public Works Commission for the term expiring June 30th, 2016. The floor is open for nominations.</a></span></p>
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<p><span><a data-m="7953500" class="thewords">President Shannon?</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="7954200" class="thewords">I'd like to nominate Tom Simon.</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="7957600" class="thewords">Do we have any additional nominations? Seeing none, I think we're ready for a vote. All those in favor of appointing Tom Simon to the Public Works Commission, please say aye.</a></span></p>
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<p><span class="overidecolr">Various</span><span><a data-m="7970000" class="thewords">Aye.</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="7971700" class="thewords">And it appears he has a majority, and Tom Simon is the next Public Works Commissioner. Congratulations, Tom. Thank you for stepping up. And that brings us to item four, which is the appointment to the Board of Tax Appeals. We're going to do two of these tonight. We're going to do first the one for the term expiring June 30th, 2016.</a></span></p>
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<p><span><a data-m="7997500" class="thewords">And then hopefully one for, I think the term lasts an additional year, if I understand this correctly. So are there any nominees? Councilor Knodell.</a></span></p>
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<p><span class="overidecolr">Ccr. Knodell</span><span><a data-m="8010400" class="thewords">I'd like to nominate Ryan Metovsky.</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="8014300" class="thewords">Are there any other nominations for this position? Councilor Mason?</a></span></p>
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<p><span class="overidecolr">Ccr. Mason</span><span><a data-m="8025000" class="thewords">Thank you, Mayor Weinberger. I'd like to nominate Sean Hurley.</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="8029500" class="thewords">Are there any other nominees? President Shannon?</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="8032400" class="thewords">I'd like to speak to...</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="8034500" class="thewords">Excuse me? Okay, go ahead.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="8040600" class="thewords">I was concerned with this appointment because we have had now a series of appointments to the Board of Tax Appeals where we have appointed people who have never had a property transaction of any kind in their lives, and I think that we're putting them in a position where we're asking them to mediate between a property owner who feels that the City Assessor has incorrectly valued their house, and our professional City Assessor.</a></span></p>
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<p><span><a data-m="8073600" class="thewords">I think somebody who has never had the experience of struggling internally with what the value of a property is to buy a property for yourself is going to have some trouble standing up to a professional city assessor who says, "This is what the value is." And in the interest of the property owners going before this board, I don't think that everybody needs to have, I don't think really anybody needs to have professional experience on the board.</a></span></p>
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<p><span><a data-m="8108500" class="thewords">But if we have one or two people who have never had this experience, I think that's probably okay on the board. But when the majority of the board has never had the experience of struggling with the value of a property, I don't think that we're serving the interests of our community very well.</a></span></p>
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<p><span><a data-m="8132700" class="thewords">I called Ryan Metovsky today and asked him if he had had this experience, and he told me he did not. And I told him for that reason that I couldn’t support him on this board. And Brian being the really incredible and honorable person that he is, said, "Well, that makes a lot of sense, and I think maybe I should withdraw my name."</a></span></p>
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<p><span><a data-m="8158200" class="thewords">And I said, "Well, I don't want you to withdraw your name, because I'm just sharing with you why... I feel I owe it to you to explain my vote. But I don't want to speak for the rest of the council, and I think a lot of people around the table may want to vote for you." So I did not encourage him to withdraw his name, and he agreed to keep his name in.</a></span></p>
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<p><span><a data-m="8181300" class="thewords">But he said, "Would you please share with the council what you shared with me? Because I only want to serve if it’s in the best interest of the city, and I'm not sure that appointing me is in the best interest of the city." And for that reason, I would love to see Ryan serving on a number of boards in our city, but I cannot support him on this board.</a></span></p>
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<p><span><a data-m="8203900" class="thewords">And I hope that people will really just consider what’s in the best interest of the citizens of Burlington, and I was asked if I don't support Ryan, because there are a lot of people at this table who would like to appoint Ryan tonight. And if we don't do that, will I recruit somebody to serve on this board? It’s not easy or get people to serve on this board.</a></span></p>
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<p><span><a data-m="8226900" class="thewords">And I will. So I will be supporting Sean Hurley, and we'll, I suppose, have another round of votes. I won't comment again, but I wanted to bring that to the table, as requested by Mr. Metovsky, and I thank you so much for throwing your name in the hat.</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="8246700" class="thewords">Councilor Knodell?</a></span></p>
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<p><span class="overidecolr">Ccr. Knodell</span><span><a data-m="8248700" class="thewords">Yes, thank you, mayor. I have worked closely with Mr. Metovsky on public safety issues, and he works with the Board of Health, and I feel quite strongly that he would make a very good member of the Board of Tax Appeals, which is a board that we have been trying many many times to get fully populated.</a></span></p>
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<p><span><a data-m="8272100" class="thewords">I don't think that being a property owner is a requirement for this board. I think one needs to be able to think analytically, to use data, to be fair, and to be independent-minded. And Mr. Metovsky has my very strong support, and if he does not win this ballot, I will be nominating him for the next seat, and I certainly hope that we leave here tonight with Mr. Metovsky a member of the Board of Tax Appeals.</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="8304100" class="thewords">Any further discussion? Councilor Tracy?</a></span></p>
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<p><span class="overidecolr">Ccr. Tracy</span><span><a data-m="8308100" class="thewords">I'd just like to say that this requirement of property owning is not clarified in any sense in the application process for this individual. So for that person to then be told that is a not qualification after they've applied feels pretty wrong to me. If we want this as a qualification or if we have any sort of skill sets that we need for a particular board, we should do that.</a></span></p>
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<p><span><a data-m="8331600" class="thewords">I also would just like to comment on how I feel like this is awkward if not embarrassing to have this individual in the room who we all recognize, or at least I haven't heard anyone say that this person is not qualified. He's stayed the entire meeting, and now we're saying that we want him to withdraw, but we don't have another alternative.</a></span></p>
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<p><span><a data-m="8348100" class="thewords">That feels wrong, and I won't support that. I like Ryan, I'm gonna vote for him.</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="8354200" class="thewords">Councilor Ayres.</a></span></p>
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<p><span class="overidecolr">Ccr. Ayres</span><span><a data-m="8355900" class="thewords">I would also say that I intend to vote for Ryan Metovsky for the shorter term. While I recognize Councilor Shannon's concerns as she’s voiced them that Mr. Metovsky has never been a property owner engaged in a real estate transaction, I do want to point out that he holds a certificate from Woodbury in mediation, and that's what this is all about.</a></span></p>
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<p><span><a data-m="8385000" class="thewords">It’s about mediation. In this case it happens to be over tax appeals, but it’s mediation between one point of view and another. And I think the skill set that Mr. Metovsky can bring to the table in that regard gives me confidence that, for the shorter of the two terms that we're considering here tonight, that he would be an ideal candidate.</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="8410900" class="thewords">Councilor Siegel?</a></span></p>
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<p><span class="overidecolr">Ccr. Siegel</span><span><a data-m="8413800" class="thewords">Thank you, mayor. I'm supporting Ryan Metovsky for this, and I wanted to just take a moment and read what it says on our city website for the Board of Tax Appeals. "The Burlington Board of Tax Appeals (BTA) is a seven-member quasi-judicial board which hears appeals of assessors' grievance hearing decisions. Members are volunteers trying to ensure that all taxable property is appraised at its equalized fair market value."</a></span></p>
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<p><span><a data-m="8443900" class="thewords">That's what you're supposed to do. It’s analytic. It’s not about how many of your own real estate transactions you've had. I'm finding it really disturbing that that's where the conversation started. And if it is a mandate that people have lots of experience with real estate transactions, then there's really only one person whose résumé mentions that, and he wasn't even nominated.</a></span></p>
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<p><span><a data-m="8468000" class="thewords">So it feels like a real... I'm really concerned with where that appeal was coming from. And you know, honestly, if Ryan ends up with the shorter term length, then maybe he'll run for city council sooner, 'cause I think he has a lot to offer to our city. So if that's how the votes go, fine, but I would really support him in getting the longer term. Thanks.</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="8500100" class="thewords">Councilor Wright?</a></span></p>
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<p><span class="overidecolr">Ccr. Wright</span><span><a data-m="8501500" class="thewords">I can't believe that we're spending this amount of time on this appointment. It’s beginning to rival the gasoline debate and the city smoking in downtown debate. Let's vote for Metovsky and move on. Thank you.</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="8515100" class="thewords">Okay. I do think we are ready for a vote. All those in favor of appointing Ryan Metovsky to the term expiring on June 30th, 2016, please say aye.</a></span></p>
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<p><span class="overidecolr">Various</span><span><a data-m="8529800" class="thewords">Aye.</a></span></p>
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<p><span class="overidecolr">Councilor</span><span><a data-m="8530700" class="thewords">Roll call.</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="8533000" class="thewords">All those... okay, sorry. So the clerk will call the roll.</a></span></p>
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<p><span class="overidecolr">Clerk</span><span><a data-m="8540100" class="thewords">Councilor Ayres.</a></span></p>
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<p><span class="overidecolr">Ccr. Ayres</span><span><a data-m="8541800" class="thewords">Yes.</a></span></p>
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<p><span class="overidecolr">Clerk</span><span><a data-m="8543000" class="thewords">Councilor Blais.</a></span></p>
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<p><span class="overidecolr">Ccr. Blais</span><span><a data-m="8544000" class="thewords">Yes.</a></span></p>
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<p><span class="overidecolr">Clerk</span><span><a data-m="8545900" class="thewords">Councilor Brennan.</a></span></p>
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<p><span class="overidecolr">Ccr. Brennan</span><span><a data-m="8546600" class="thewords">Yes.</a></span></p>
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<p><span class="overidecolr">Clerk</span><span><a data-m="8548600" class="thewords">Councilor Bushor.</a></span></p>
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<p><span class="overidecolr">Ccr. Bushor</span><span><a data-m="8549600" class="thewords">Yes.</a></span></p>
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<p><span class="overidecolr">Clerk</span><span><a data-m="8551600" class="thewords">Councilor Colburn.</a></span></p>
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<p><span class="overidecolr">Ccr. Colburn</span><span><a data-m="8552600" class="thewords">Yes.</a></span></p>
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<p><span class="overidecolr">Clerk</span><span><a data-m="8554900" class="thewords">Councilor Hartnett.</a></span></p>
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<p><span class="overidecolr">Ccr. Hartnett</span><span><a data-m="8555700" class="thewords">Yes.</a></span></p>
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<p><span class="overidecolr">Clerk</span><span><a data-m="8557800" class="thewords">Councilor Knodell.</a></span></p>
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<p><span class="overidecolr">Ccr. Knodell</span><span><a data-m="8559200" class="thewords">Yes.</a></span></p>
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<p><span class="overidecolr">Clerk</span><span><a data-m="8561000" class="thewords">Councilor Legrand?</a></span></p>
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<p><span class="overidecolr">Ccr. Legrand</span><span><a data-m="8562400" class="thewords">Yes.</a></span></p>
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<p><span class="overidecolr">Clerk</span><span><a data-m="8564200" class="thewords">Councilor Mason?</a></span></p>
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<p><span class="overidecolr">Ccr. Mason</span><span><a data-m="8565300" class="thewords">No.</a></span></p>
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<p><span class="overidecolr">Clerk</span><span><a data-m="8567800" class="thewords">Councilor Paul.</a></span></p>
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<p><span class="overidecolr">Ccr. Paul</span><span><a data-m="8569300" class="thewords">Yes.</a></span></p>
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<p><span class="overidecolr">Clerk</span><span><a data-m="8571200" class="thewords">Councilor Siegel.</a></span></p>
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<p><span class="overidecolr">Ccr. Siegel</span><span><a data-m="8572100" class="thewords">Yes.</a></span></p>
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<p><span class="overidecolr">Clerk</span><span><a data-m="8573800" class="thewords">Councilor Tracy.</a></span></p>
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<p><span class="overidecolr">Ccr. Tracy</span><span><a data-m="8574800" class="thewords">Yes.</a></span></p>
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<p><span class="overidecolr">Clerk</span><span><a data-m="8576800" class="thewords">Councilor Wright.</a></span></p>
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<p><span class="overidecolr">Ccr. Wright</span><span><a data-m="8577700" class="thewords">Yes.</a></span></p>
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<p><span class="overidecolr">Clerk</span><span><a data-m="8579700" class="thewords">Council President Shannon.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="8582000" class="thewords">I have a question for Attorney Blackwood, which is, we don't normally cast "no" votes on the nomination, 'cause there are two names in the hat. So if I'm voting for the other, do I cast a "no" vote at this time? 'Cause I can't vote for both.</a></span></p>
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<p><span class="overidecolr">Councilor</span><span><a data-m="8598400" class="thewords">That's true. We have two nominations on...</a></span></p>
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<p><span class="overidecolr">Blackwood</span><span><a data-m="8603300" class="thewords">Generally we haven't done a roll call vote on these, so we haven't had to face this before, but because you're on a roll call, I think you have to answer one way or another.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="8614600" class="thewords">No.</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="8619500" class="thewords">I got a vote too.</a></span></p>
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<p><span class="overidecolr">Clerk</span><span><a data-m="8622200" class="thewords">And how are you...?</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="8623500" class="thewords">I'm voting yes.</a></span></p>
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<p><span class="overidecolr">Clerk</span><span><a data-m="8624400" class="thewords">Yes.</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="8627300" class="thewords">Okay. You have the results? Okay. Congratulations, Ryan. You've been appointed. [applause] Thank you for standing up.</a></span></p>
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<p><span><a data-m="8645800" class="thewords">And now I'll accept the nominations for the appointment to the Board of Tax Appeals for the term expiring June 30th, 2017. Councilor Ayres.</a></span></p>
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<p><span class="overidecolr">Ccr. Ayres</span><span><a data-m="8657200" class="thewords">I would like to nominate Sean Hurley, please.</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="8660800" class="thewords">Are there any additional nominees? I'll close the floor to nominees. Any discussion? All those in favor of appointing Sean Hurley to the Board of Tax Appeals, please say aye.</a></span></p>
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<p><span class="overidecolr">Various</span><span><a data-m="8676700" class="thewords">Aye.</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="8677700" class="thewords">Any opposed? All right. I guess we don't have to oppose, but I think, congratulations, Sean. You also have been appointed to the Board of Tax Appeals. Thank you both to Sean and Ryan for agreeing to serve the city in this way. And without objection, the meeting of the city council with mayor presiding is adjourned.</a></span></p>
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<p><span class="overidecolr">Pr. Shannon</span><span><a data-m="8701000" class="thewords">We have Board of Civil Authority.</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="8703600" class="thewords">Yes.</a></span></p>
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<p><span><a data-m="8709100" class="thewords">And thank you. Well, thank you, Alan [Gerkee] for submitting a nomination as well and putting your name forward.</a></span></p>
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<p><span><a data-m="8719800" class="thewords">All right. One second here.</a></span></p>
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<p><span><a data-m="8741200" class="thewords">All right. Let me call into session Board of Civil Authority meeting. The first item is the agenda. Are there any changes to the agenda? If not, I'll accept a motion to accept it as presented.</a></span></p>
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<p><span class="overidecolr">Councilor</span><span><a data-m="8756000" class="thewords">So moved.</a></span></p>
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<p><span class="overidecolr">Councilor</span><span><a data-m="8756800" class="thewords">Second.</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="8759100" class="thewords">All those in favor of the motion, please say aye.</a></span></p>
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<p><span class="overidecolr">Various</span><span><a data-m="8761000" class="thewords">Aye.</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="8762400" class="thewords">Any opposed? It passes unanimously, and that brings us to the next item, is the consent agenda. Is there a motion to accept the consent agenda and take the action indicated?</a></span></p>
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<p><span class="overidecolr">Councilor</span><span><a data-m="8773700" class="thewords">So moved.</a></span></p>
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<p><span class="overidecolr">Ccr. Ayres</span><span><a data-m="8775600" class="thewords">Seconded.</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="8775800" class="thewords">Seconded from Councilor Ayres. All those in favor of the motion, please say aye.</a></span></p>
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<p><span class="overidecolr">Various</span><span><a data-m="8781400" class="thewords">Aye.</a></span></p>
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<p><span class="overidecolr">Mayor</span><span><a data-m="8782800" class="thewords">Any opposed? That passes unanimously. And without objection, the Board of Civil Authority is now adjourned. I think we're done. Have a good night, everyone.</a></span></p>
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