Video summary
At the South Burlington City Council meeting held on August 18, 2026, the session opened with public comments addressing local concerns before moving to official business. Resident Sam Carlson requested the removal of seven city-owned pine trees in Overlook Park that obstruct views of Lake Champlain, noting that some were dead or dying despite previous assurances of their removal during renovations. Council members acknowledged the issue and agreed to investigate the history and status of the trees while discussing potential viewshed protection ordinances. Additionally, resident Amy Allen highlighted ongoing challenges with accessing city services and streamlining bureaucratic processes, citing personal experiences with permit delays and urging the council to invest in better management tools to improve transparency and trust. The meeting also featured announcements regarding the recent primary election, where Beth reported positive outcomes at polling stations for the Bartlett Bay bond vote, and Andrew shared his experience working at polls and attending Governor Scott's dinner. City Manager Jesse Baker provided updates on upcoming events, including the Green Community Festival in September, new staff welcomes, and the imminent start of construction on Dorset Street and a bike/pedestrian bridge, alongside congratulations to Chief Lock for becoming president of the International Association of Fire Chiefs.
The council proceeded to approve several items on the consent agenda unanimously, which included financial warrants, tax sale attorney designations, easement acquisitions, and grant funding for the Walk Bike Bridge. A significant financial decision involved approving a State Revolving Loan Program application for nearly $13 million to fund Phase 3 of the Bartlett Bay wastewater treatment facility refurbishment, which also incorporated projects like the Airport Parkway solids clarifier and Queen City Park pump stations. Following the approval of the bond vote, the council unanimously passed a motion to approve the construction contract with Kabriki Joint Lime. The meeting then shifted focus to proposed ordinance updates designed to address unmet social needs such as homelessness, mental health issues, substance use, and poverty without criminalizing individuals. Police Chief Bill Bro explained a progressive enforcement approach aimed at diverting individuals from fines by connecting them to services through a new service coordinator role, potentially involving an agreement with the Howard Center for Community Outreach. This strategy prioritizes education and assistance at every interaction, issuing civil tickets only after multiple attempts to provide help have failed, and frames restrictions on activities like standing in roadways or consuming alcohol openly as necessary safety measures rather than punitive actions.
Further deliberations covered specific enforcement details and procedural updates, including a discussion on shared use path ordinances regarding e-mobility devices like e-motos. Council members expressed concern over children riding these devices aggressively, leading to an agreement that while state statutes handle illegal street riding, the new ordinance would define rules for paths with a focus on education and behavior change rather than immediate confiscation, though parents could be required to retrieve vehicles after citations. The council also unanimously approved a request to use up to $48,500 from ARPA Inspired Reserve funds to modernize the Emergency Operations Center at 19 Gregory Drive, equipping it with necessary IT, security, and AV systems as part of a broader emergency preparedness initiative. In another policy matter, the council debated and adopted a revised naming policy for public assets that prohibits naming them after current city employees to avoid conflicts of interest or perceptions of favoritism, while still allowing honors for former employees who made contributions separate from their employment duties.
The meeting concluded with the council unanimously setting a public hearing for September 8, 2026, to approve amendments to various city chapters and policies related to civil ordinances, e-mobility rules, and asset naming. During this final stage, the council also reserved specific section numbers in the city code for future miscellaneous civil offenses and clarified that existing pet leash ordinances remain unchanged. The discussion highlighted a clear distinction between current community outreach focused on acute crises and the new program focused on prevention and long-term connection to support systems. With technical corrections made to the ordinance text regarding power limits for e-mobility devices and exceptions for city maintenance vehicles, the council ensured that enforcement would be used only when necessary to protect public safety while maintaining a compassionate approach toward individuals facing social challenges. The session ended with a review of upcoming agenda items, noting the absence of two council members, before officially adjourning.
Read the full video transcript
Good evening everybody and welcome to
the South Burlington City Council
meeting for August 18th, 2026.
We will start our meeting seriously with
the pledge of allegiance. Lori, will you
lead us, please?
>> Allegiance to the flag of the United
States of America and to the republic
for which it stands, one nation under
God, indivisible, with liberty and
justice for all.
Thank you, Lori. Uh, item two,
instructions on exiting this building in
case of an emergency and a review of our
technology options with Jesse Baker,
city manager.
>> Thank you. Um, so for those in the room,
thank you for joining us in person. If
there's an emergency during this
meeting, you can go out the rear of the
auditorium on the left or right side and
then turn left or right to get outside.
Uh, for those who are participating
remotely, thank you for joining us as
well. If you'd like to speak during any
item on the agenda, you can use the
raise hand feature and the chair will
call on you or you can indicate that you
would like to speak in the Q&A portion
of this webinar and I'll have the chair
call on you. Other than that, we are not
monitoring the Q&A or chat for content.
Thank you.
>> Thank you, Jesse. Item three, agenda
review. Are there any additions,
deletions, or changes in the order of
our agenda items tonight? Okay, seeing
as how there are none, we'll go on to
item four, which is comments and
questions from the public not related to
tonight's agenda. Are there any from
Okay, one from the audience. Is there
anybody online? And I don't see any
hands up. We'll come on up to the podium
and uh read the little directions on how
to make the microphone work. Bright
green should be the light. Okay. Yes.
Here we go. And state your name, please.
>> Sam Carlson. I live in South Burlington.
the uh Weightley Road just off of Spear
Street. And my question to the council
is, what will it take for the city
council to instruct the parks and
recreation department to take down the
seven pine trees which are blocking the
view over Lake Champlain from Overlook
Park?
I
>> think those are private trees.
>> They are not. They are city-owned trees.
They were planted by the city and uh
they currently serve no function that I
can discern besides blocking the view.
Uh they're a good 15 feet taller than
the house roof line which is behind
those trees. One of those trees is dead.
Two of them are dying. And I raised this
with the parks and recck department uh
several years ago. I was told the city
arborist would look into the question
into the issue. received an email
several years ago. Well, when we
renovate Overlook Park, uh these trees
will come down. Well, the trees have
never come down and all they do is block
the view. And this is just a little pet
peeve. This is not a major crucial
issue, but I'd be happy to share these
photos with the city council if that
would be useful or if you have
instructions for me of what path I
should pursue. I was told by the city
clerk that it was best to come to the
decision makers rather than go for
another round with the parks and
recreation department.
>> Great. I appreciate the comment and I'm
sure the the several counselors share a
similar opinion. I know I do and I know
that there's a history there. Uh I don't
know the whole history, but I know
there's some small arborites that are in
back of one of the walls that were
supposed to prevent headlights from
hitting residents. So, um, we should
take a look at that,
>> all right, in the future. So, but thank
you for your input. Appreciate it.
>> Would these photos be of interest to any
city?
>> I'm familiar with it,
>> but give me one and I'll give it to
Elizabeth who is missing tonight. Uh,
counselor Fitzgerald is not here
tonight. She's traveling.
>> I'm going to give you both because that
just shows the dying trees.
>> Yeah. Yeah.
>> And that shows the view that you cannot
see.
>> These are very nice photographs, by the
way. Did you print these on your own
printer or
>> Green Mountain camera?
>> Wow. Wow.
>> Shows how passionate I am about this
issue.
>> Thank you.
>> We could do that too. Yes. All right.
Thank you very much. Anything else?
>> Uh that's it. I guess the my question is
what path should I take from here to
pursue?
>> So we the council it takes two
counselors to try and get something on
the agenda, right? So we'll take a look
at that and we'll let you know.
>> Consider one.
>> Yeah. or and two
>> and three.
>> So I and four. So you're in good shape.
>> But did you want to say something? Okay.
All right.
>> So we'll figure out what that history is
and see and see what the status is.
Great. Last point. My understanding is
some of that history relates back to a
view protection
plane uh which was established from
looking over from Hoverard Park looking
down over the lake and there were issues
around heights of roof lines and things
like that and that that house which is
behind those trees that its roof line
was going to violate that view
protection. And just before that
ordinance or whatever the city has went
into effect, the builder worked over the
weekend as fast as possible to put the
roof line in and establish it as a
pre-existing thing. So the viewshed
protection. Well, those trees are again
15 ft higher than that uh roof line. So
it would suggest that the city's trees
are in violation of its own viewhed
protection
ordinance.
>> Great. Thank you. Thank you very much.
Appreciate your time. Any other comments
from inside the audience here? Amy, come
on up.
And remember to identify yourself.
Uh my name is Amy Allen. I live on Long
Drive.
Um in late summer 2023, I met with a
member of city leadership about the long
road we went through to get our building
permit for our house. We kept a detailed
timeline and it clearly showed the
points things had stalled and where
improvement was possible. I very
optimistically said it's just basic
process management.
There are even off-the-shelf software
solutions to help cities communicate
these processes.
City leadership seemed receptive, even
noting that there are already ideas
about streamlining some processes. In
spite of what seemed like a good
meeting, I never heard anything else
about it. Now it's three years later and
I'm seeing the same challenges continue.
There is no clear process for basic
things like a new park and traffic
calming measures in a neighborhood as
I'm watching with the East Terrace
neighborhood right now. More complex
requests like an overhaul of transfer
development rights and bedrock removal
regulations
move to action being t taken quickly as
there are clearly champions for them on
the city council. Residents without a
friend on the city council to advocate
are left to muddle through.
South Burlington residents deserve
transparency.
Knowing how to access information about
how our local government works is the
most basic way our city council could
build trust with the community. There
are many options in existing apps and
software as well as cities already
implementing these processes that we can
learn best practices from.
South Burlington does not need to
reinvent the wheel for better options to
communicate to residents. We do need
political will from the council to make
it happen. Communicating to residents
about how to engage with the resources
their tax dollars pay for and how to
have neighborhood needs met should be a
top priority for the council, especially
in the current economic climate. People
want to see value for their money. I
urge the council to make to work to make
access to city resources and processes
fair and transparent for everyone. A
basic investment in process management
would reap rewards in community trust
across the city. Thank you.
>> Thank you, Amy. Ryan, did you have your
hand up? No, you did not. Anybody else
in the audience?
Nobody online. Okay, thank you. Uh we'll
move on to councelor's announcements and
reports on committee assignments and the
city manager's report. Uh Beth, would
you like to start?
>> Yes. I have very few uh very few
updates. I uh I had the privilege and
pleasure of um helping at the polls on
Tuesday and that was uh my first time.
Um it was very enjoyable. I enjoyed the
people. Um I was impressed with the
number of volunteers that came out to
help with the election. Um, and I think
that we're really fortunate that we are
not um, facing some of the same
challenges and risks that other states
are going to face this November. At
least it seems that way. Um, everything
seemed very smooth and um, uh, you know,
well well organized and it was it was
really enjoyable experience and very
gratifying. So that's the only update I
have. Thanks. Thank you, Lori.
>> Well, I don't have an update, but I
gratefully was able to not work the
polls this
August because it was my wife's birthday
and it was wonderful to have that day
off this time and uh really appreciate
and respect the work that was done in my
absence. Thank you.
>> But did you vote?
>> I voted early.
>> Okay.
>> And often. I was gonna say and often,
but no, just barely.
>> Thank you. And happy birthday belated to
your wife. Right, Andrew?
>> Just going to echo Beth about working
the polls. It um is kind of a rewarding
experience watching how it works and
that it works well and democracy in
action and um we also got a great result
um for the city. So that was um that was
really rewarding too after all the kind
of work we all we together with staff
and lots of others put into um educating
the public about about the bond vote. So
yeah,
>> thank you Andrew. Um so yeah, I worked
uh the polls to district 11 at Tuttle
and um it was a decent turnout for a
primary. I think I think it was a little
higher than average. Uh, and I'm I'm
grateful that the public supported the
the Bartlett Bay bond issue by margin of
like four.5 to one.
>> Yeah. Yeah. It was it was it was a good
margin. So, I was happy with that. And I
think ran things ran very smoothly.
There were a lot of volunteers working
at the polls. I've never seen that many
people in one spot working uh before.
And uh I I think I heard that uh the the
traffic flow uh at total might change
for the next uh election which would be
good because there was a little
confusion. People are used to going in
the door of the school and coming out
through the gymnasium. So um and it was
always great to see people from my old
neighborhood which was the other
district and talk to them and see how
things are going. Um, I also uh was uh
invited along with the city manager and
she'll probably give her perspective to
attend uh Governor Scott's uh dinner at
Beta for the New England Governor's
Conference with the Eastern Canadian uh
province premieres. Um the we had the
opportunity to watch one of the beta
planes. Well, they had three beta planes
in the flyby. Two were just rear
propulsion and one was the four full
five propeller, you know, forward and up
and down. And then uh uh Pter Caputo
landed it right in front of us
vertically which I've never seen before
which uh was really amazing. And u then
Governor Scott had a nice sitdown
discussion before dinner with uh was he
a joint chief of staff or former joint
chiefs of staff? Yeah, member of the
military. And uh then there was a
wonderful dinner and I got to talk to a
lot of people uh people from Newf
Foundland and Labrador and um also um
from Nova Scotia. And here's the small
world part. So my sister has dual. She
lives in Halifax. Her daughter is a
professor in Aadia, right? So he goes,
"Oh yeah, my daughter's getting a PhD at
Aadia." I go, "Oh, does she know so and
so, my niece?" Oh yeah, no, that's the
uh that's the colleague of mine. That
was within 30 seconds. Boom. You know, I
was like, "Oh, no. The Scro is not too
big." So, I was really amazed at that.
Then I contacted my niece. She goes,
"Yeah, I know exactly who that person
is." I Yeah. Yeah. So, it was all
corroborated. So, yeah, really nice
dinner. And uh the they they built this
like little glass house sort of inside
the Beta Hanger with all the tables for
all the the diners. Uh it was really
wonderful. And then the people that were
part of the conference got to stay and
dance because there was Josh Panda was
there with a band. Everybody else had to
leave. We had to go home because we had
a meeting the next day and then election
on Tuesday, right? So that was more
important at that point. So,
>> but a lot of positive feedback about
South Burlington and a partnership and
>> Yes. Yes, that too. Yeah. But the food
was really good too to get
so yeah, it really nice. Um and that's
uh all I have. I did uh spend a couple
nights in Portsouth, New Hampshire this
weekend and the weather was nice. Went
to the beach a couple days. My son and
my new daughter-in-law were able to meet
us there and uh so that was a good good
trip. That's all I have. Jesse,
>> thank you. Um so couple of a few quite a
few updates tonight, I would say. Um, so
also just want to thank the voters who
came out on town meeting day or not town
meeting day on primary day in the
special local election um and approved
the bond vote with over 80% approval of
those voted. We really appreciate that
strong commitment to maintaining our
infrastructure across the city, the
public's health, and ensuring um water
quality for Lake Champlain.
um want to you'll hear much more about
this in the weeks to come, but our green
community festival, formerly our energy
festival, um will be held on September
19th from 11 to 3 here in front of city
hall. Uh we have over 20 exhibitors
planned, including five of our policy
committees um doing some kind of
activity for the um green community
festival, which is great, as well as
middle school and high school students
participating. Um, I want to share that
this week we welcomed our new library
service, our youth services librarian,
Christine Walton, our new HR journalist,
um, N Lee, and a new dispatcher today,
Ava Dalamura. Um, we continued to
recruit and advertise for our public
works director and our economic
development director and our deputy city
attorney, but we are doing a lot of
staff on boarding at the moment. Um, few
quick construction updates. So, milling
and paving on Dorset Street between
south of Kenny Drive to Swift Street, we
think we'll start on Wednesday, weather
dependent. Um, and then the contractor
for the bridge is going to start uh
driving the steel piles for the bike ped
bridge over the interstate at the end of
this week and next week. So, that will
be um a lot of activity on site. Um, I
want to highlight a few fun upcoming
events. Um the library staff and
trustees will be marching and
tableabling at at Burlington Pride in
September on September 13th if folks are
interested in joining them. There the
library staff is also doing outreach and
education at all the the three
elementary schools back to school nights
as well as the kindergarten um
orientation event. Um if folks are
interested, fall youth soccer and winter
basketball registration is opening open.
Unfort uh fortunately slash
unfortunately the five fly by 5k at the
airport is now full. Um we are at
capacity with 500 runners um which is
great. If you are looking to volunteer
let us know. Um and then our park hop
bruise which is a um Thursday evening uh
series of events that the rec department
started last year will start on
September 10th at Bayest and then go
following Thursdays to overlook Goose
Pond and City Center Park um and
Samansky Park.
And then finally, because it's his last
council meeting and I get to embarrass
him, I want to um sincerely congratulate
Chief Lock for being sworn in in as the
150th president of the International
Association of Fire Chiefs last Friday.
Uh the IFC represents about 12,000 fire
and emergency services professionals
from around the country and around the
world. and as president of that
organization this year, he will be the
primary spokesperson and advocate for
the fire and emergency services um to th
to in those countries across the world
wearing the South Burlington patch and
we are just so very proud of him.
Congratulations.
And that's all.
>> Thank you, Jesse.
Let's move on to item six, which is the
uh consent agenda. Item 6 A, consider
and sign the dispersements for our
financial warrants. 6B designate SPNF
attorneys PC to conduct the city's tax
sale process.
6C authorized the city manager to
execute an agreement with William and
Lee Incorporated regarding the easement
acquisition for parcel 12 of the Willist
Road Streetscape project
6D. approved the request to apply for
Northern Border Regional Commission
Catalyst Program grant funding to
support phase two of the Walk Bike
Bridge and authorize the submittal of a
letter of support and commitment to
match grant funds. 6E receive amendments
number one to the grant agreement with
SB3C to reflect fiscal year 2027
budgeted funds and updated priorities.
And finally 6F approved minutes from
June 3rd, June 17th, June 29th, July
7th, and July 20th. all of this year for
city council meetings. Can I have a
motion to approve the consent agenda?
Motion to approve.
>> Second.
>> We have a motion and a second. Is there
any discussion?
>> Oh, Elizabeth's not here. Okay, just
kidding.
>> Bad joke. Um, we have a motion and a
second. All those in favor say I.
>> I.
>> Okay, so the consent agenda passes.
Move on to item seven which is approval
of state revolving loan program
application for Bartlett Bay wastewater
treatment facility refurbishment project
construction phase step three loan.
Martha Mashar, director of finance and
Erica Tol, acting public works director.
Come on down.
>> Why not down guys?
There she is.
>> Good evening.
So Erica Tol interim director of public
works I will give a very brief update
and then Martha if you want to provide
any additional information. Uh so this
uh SRF the state revolving loan fund
amendment is just to increase uh the
amendment uh amount based on the
positive bond vote that was received.
That's about it.
So this gives us access to the
lowinterest loan that we previously had
on the um for the project and extends it
for the full amount of the project and
we are asking you to authorize this in
advance of entering into the contract
with the um the low bidder. And one
other note on this is uh if you look at
the amounts, you might notice this is
different than the contract amount. That
is because this one also incorporates
the airport parkway uh solids clarifier
project and queen city park pump
stations project. The airport parkway
project is under construction. So
nothing is needed additional funds for
that. And the Queen City Park pump
stations were just continuing that
number. So the bottom line number that's
why it is different than the contract
amount
>> and different than the bond vote.
>> Correct. The bond vote was for the
difference that needed to be made up.
>> Okay.
>> And this
financing is one of the benefits that we
had by securing the vote for the bond
August 11th. And had that not happened,
we would have lost this funding which is
critical to the project. So thank you.
Do we have a motion or
>> Yep. It's on your cover sheet. Would you
like me to read it?
>> Do you want me to make the motion? Is
that
>> Yeah, sure. Under the recommended
action.
>> Oh, recommend action.
>> Recommended action. Yeah. Uh, I move to
approve the submission of the loan
application in the amount of $12,981,570
to the state revolving loan program for
construction of the Bartlett Bay
wastewater treatment facility
reconstruction project and authorize the
director of public works to execute and
manage the loan.
>> Second.
>> We have a motion and a second. Is there
any discussion?
>> Was there an interest rate on that
revolving loan?
>> And what is it?
>> There is no interest rate. Although
there is an administrative fee which is
2%.
>> Two
>> two%.
>> Okay. Great. Thank you. Um any other
discussion? All those in favor say I.
>> I.
>> I. It is unanimous. Thank you very much.
And that was item seven. Going to item
eight. Uh approve the construction
contract for the Bartlett Bay wastewater
treatment facility.
Hello again, Erica Tol from director of
public works.
The agenda item pretty much says it all.
Now that you have uh approved us
submitting the loan amendment
application, this means that um that
will secure the funding for us to enter
into a contract with uh Kabriki joint
lime who has been uh holding a bid price
for us after we had provided them with a
notice of intent to award. Uh and
following your approval, we will issue
that notice of award uh and prepare be
prepared to meet with them and sign the
contract.
Any questions? First,
can I have a motion?
>> I move to approve the construction
contract for the plan B wastewater plant
improvements following successful bond
authorization vote on August 11th, 2026
and authorize the director of public
works to execute and manage the
contract.
>> Second.
>> We have a motion and a second. Any
further discussion?
All those in favor say I.
>> I.
Or yay. Thank you. That's also
unanimous.
>> Thank you so much.
>> Thank you very much.
>> Thank you.
Uh we're now going to go to item nine
which is receive and hold a first
reading of updates to South Burlington
city ordinance chapter 14 environment
chapter 20 miscellaneous offenses
chapter 32 street sidewalks and other
public spaces and chapter 36 traffic and
vehicles and resend city council policy
2022-05 and 2025-03
and possibly set a public hearing for
September 8th 2026 at 7 p.m. These
changes address behaviors related to
unmet social needs that impact both an
individual's quality of life and the
quality of life of the greater
community. Good evening, Bill Bro,
police chief and uh city attorney Colin
McNeil. Good evening.
So, while chief is pulling this up, I
just want to note that this these are
follow-up actions to the presentation
the uh briefing presentation you heard
on um June 1st of this year. Um as as
the chief and colleagues heard down this
path.
>> Correct. Good evening everyone for the
record. Bill Bro, police chief. Uh yes,
as you recall on June 1st, I provided a
presentation on uh this the city's what
I believe should be the city's response
to to helping individuals with unmet
social needs. Uh and part of that uh was
uh what we uh talked about was
recommending city ordinance updates that
most directly uh involve behavior uh
that's a result or potentially a result
of an unmet social need.
So again, just to to remind everybody,
an unmet social need uh is a critical
noncriminal underlying issue such as
homelessness, mental health, substance
use disorder, or poverty that
individuals face for which they are not
receiving adequate social, medical, or
community support. So again, what we're
trying to do through through a whole uh
host of manners is connect people with
services. Uh we also plan on coming back
to the council uh with a finalized uh uh
agreement with Howard Center for
Community Outreach. Uh uh we're still
tweaking the name. So uh I'm calling it
a uh an outreach worker right now. Um
a service coordinator or outreach
worker. Um that may change, but what
we're looking to do is figure find ways
to connect people that we have uh a lot
of connections with either for criminal
behavior or noncriminal behavior that is
a result uh of an underlying unmet
social need. Again, the whole premise
being how do we get upstream uh and deal
with the root causes of an individual's
uh issues to help them get the right
connection and services in the
community. So uh we limit the um police
involvement with that individual but we
also improve that individual's quality
of life and and if we do that enough I
think we'll improve the quality of life
of the general community.
So again if you recall the goals uh of
the program are connecting individuals
experiencing social need with available
resources assisting an individual while
improving their quality of life and
reducing uh or limiting unnecessary
public safety or law enforcement
contact. Uh the approach would be um
that police officers, firefighters, city
staff uh and members of the community
would have one point of contact to to
direct people to uh to help them
connect. not only connect with the
appropriate services but look at that
individual on an individual basis and
really make a determination as to what
would best help this person uh find the
reason the most appropriate service to
connect them to and then help them uh
get connected to those services help
them navigate any challenges uh that
might might be in the way for them to
connect get connected or stay maintained
to those services. Uh part of that is uh
also looking to connect people whose
individuals whose behavior is in
violation of city a civil ordinance to
receive an orance violation and allow
them to be diverted out of any sort of
fine or punishment uh in connecting the
services. Really the the premise being
that we are using city ordinances to
help motivate people that may be
otherwise service resistant. Uh and I
will talk a little bit about the actual
approach uh the progressive kind of
enforcement approach that uh intend our
officers to take.
Again, I I showed this uh back on June
1st. Uh but what we're talking about is
the bottom uh circle there, ordinance
violation diversions as one way, not the
not the only way. It's just one possible
way that an individual could can get
connected to services. We will also be
taking referrals from the community uh
referrals from our police officers and
firefighters and other city staff as
well as uh looking at high frequency
uses of public safety. Why are we
dealing with people over and over and
over again? Can we look at them um and
try to figure out what the root cause is
so we can limit that quite frankly and
often unnecessary repetitive contact and
hopefully free up our police officers
and firefighters to do other things we
need them to do.
And again uh and this is the service
coordinator will then uh send them out
to uh connection to services. Uh the
services uh can vary greatly depending
on the need. But the general for lack of
a better term buckets of services would
be substance misuse or addiction
services uh mental health services or
economic resources.
So again the objective the objectives
are and I highlighted the ones that I
think the uh proposed amendments to the
CD ordinances directly uh touch and
that's increasing opportunities for
individuals to access service with or
without police involvement. Here they
would be with police involvement. Their
behavior as a result of an unmet social
need would put them in contact with the
police department and we would use this
as a way to motivate them to get
connected to services. uh and we would
obviously hopefully encourage them to
accept services without ever having to
give them a ticket, but uh we can if
that's if that's what it takes. Uh then
you can see the outlines work within the
limitations of existing services. Again,
we're not looking to create new
services. I think there are services
there. I think we just need to do a much
better job in identifying what an
individual's needs are and connecting
them with the appropriate services and
quite frankly not taking no for an
answer. So if that particular service
may not be available right away. Uh most
people don't have just one kind of thing
going on that we can connect them with
something else that may not address
their primary concern but connecting
them to services. And there's studies
that show once you have a person
connected to services any services and
you can keep them engaged, you're much
more likely to continue that engagement
and then eventually get them connected
to the the service that they truly need
um when it becomes available.
uh and hopefully we can also identify
any gaps in services and then uh make
recommendations to improve services,
coordinate need of service with service
providers, assist in removing obstacles.
Uh I talked about that uh on at the last
meeting where often uh people who are
you know trying to figure out what
they're going to eat, where they're
going to stay, uh getting connected to
mental health uh treatment is not high
on their priority list. How do we help
them overcome those obstacles if there's
other obstacles in a way such as u
needing an ID to to do something?
Needing the internet to access services,
helping them uh figure out ways to
overcome those obstacles to get them
connected to services. Uh provide the
community uh and our public safety
professionals with a single point of
contact and identify needs on an
individual basis. I I spoke a lot about
this at the last meeting. I truly think
we need to look at the individual and
work with one and not take a
one-sizefits-all kind of approach and
really work with with that individual uh
with the service coordinator to identify
how can we help this person. Uh and
again I think if we do that with enough
people we we make a pretty significant
difference.
So uh specific actions uh that are in
progress. We're still working on
finalizing an agreement. I'm hoping um
my my plan right now uh we're not solid
on this is to bring on on September 8th
when we come back for the second reading
of these ordinances to also bring uh an
agreement with Howard Center uh enact
civil ordinances which is why we're here
tonight. Uh and then once that's done
and we have a agreement worked out with
Howard, we'll start working on training
officers and state staff. what what when
an referral would be appropriate. Um and
just uh other issues related to how to
best uh interact with individuals who
are suffering from uh mental health or
substance use or other u others unmet
social needs and really taking kind of a
uh for lack of a better term uh
trauma-informed kind of approach like
understanding uh the issues that people
have going on and how to best respond to
that. um and kind of taking a step back
from what they may be dealing with in
the moment. And then we will also need
to continue to work on uh developing and
uh and maintaining data collection.
So the specific ordinance
recommendations
uh there's four of them. There's five
tonight. Four of them are on this agenda
item.
Sorry.
And I should start with all of them uh
include the ability all of the proposed
uh ordinances in include the ability to
divert any violation for the offense not
only to the uh CJC the community justice
center center program uh which that
language has always been in there. We've
added additional language or to a um
I want to make sure I get this right.
appropriate diversion program as
determined by the city manager or the
city manager's design that is designed
to assist individuals in meeting unmet
social needs. This program so we work
that right into the language. So uh
although the ordinances all come up with
a fine uh depending on the the level of
violation or the amount of times that
the ordinance is violated, the intent is
not to find anybody. It's to divert them
to services. So if they connect with the
service coordinator, uh hopefully they
stay connected, but there's no
requirement that they do stay connected.
It's just getting them that first
connection with the service coordinator
to help them get connected. Um I truly
believe then and we'll get talk about
this in a few minutes that the approach
needs to be offering services at every
single interaction. Uh we need to
prepare ourselves that people we may
divert people who do not stay connected
to services. That will happen. But it
doesn't mean we don't try again the next
time we deal with that individual as
well.
So uh the first one is prohibit uh the
unsafe disposal of drug paraphernal
that's chapter 14 specifically sections
14-85.
>> It's okay.
>> Um this is specifically
>> stop
pause for a sec.
>> Do you can you
>> are you okay to take questions as you
go?
>> Question.
>> Sure.
>> Yeah. I just I just want to make sure I
don't forget what I wanted to ask you.
Um, so the it it says here under the
enforcement section, I don't know if you
were planning on going through this in
with a fine tooth comb in this meeting.
I just wanted to make sure I understood
a couple things. So, um, and I'll start
by saying I think we discussed this the
last time that you gave us sort of an
overview. Um, that this seems to me to
be a very compassionate and rational
approach. Um I'm just wondering it says
under section 1421 enforcement
uh letter C police officers shall be
authorized to act as issuing municipal
offic uh officials to issue and pursue
before the judicial bureau a municipal
complaint etc. Um, so I just wanted to
just for for the purpose of the public
listening as well that our to make sure
that our police officers are they have
some degree of training in how to
approach a situation like that. I mean,
I'm trying to understand how this works
in practice, right? um just to you know
sort of dispel any suspicion that a
police officer could do whatever they
want and you know um
>> no and we'll get into it and and
internally the police department will
have very specific policies on on and
we'll talk in a few minutes about a
progressive enforcement approach. Uh
officers although they they have
discretion they they will be required by
policy to divert divert people. Okay. Um
and and the policy will likely have uh
language in it that unless it's
specifically overridden by me personally
and in those cases I'll have to
understand very logically why we're
doing that. Uh but that's not the
intent. The intent is to I think that
specific language but a police officer
um and the city attorney can probably
speak better to this. Um certain city
ordinances are governed by certain
departments or are authorized only
certain people to take enforcement
action. So, this one is specific to
police officers. Some of them say uh
other city staff, not police officers.
That's the intent here.
>> Building inspectors or something.
>> Exactly.
>> And I just want to elaborate a little
bit because the judiciary bureau is a
process. Uh it's overseen by a judge um
who is a real judge, a superior court
judge. Um so, uh it is not at the full
discretion of a police officer to take
this matter as as they will. um they
have to present it and if the judge
finds that there's evidence to pursue
it, then the judge will pursue it. Um
there's no right to a jury trial, but it
is um a licensed and and certified judge
in the state of Vermont who who oversees
this. Uh also, I would like to
highlight, and I think this is very
important, that these are civil
ordinances, right?
>> There's nothing criminal. There's no
criminal aspect to what we're talking
about here. These are all civil
ordinances that are really only enforced
by a fine or the processes that the
chief is talking about here.
>> Okay. Thank you. Sure. Uh but to answer
your original question, yes, there will
be a a whole host of training offered to
our staff, not just our staff, but city
staff. I really think there's a certain
level of uh anybody that's going to be
making direct referrals to the service
coordinator really should um and really
we we ought to be doing this anyway. any
city staff that is customerf facing. So,
the clerk's office, we should be doing
some basic training and mental health
first aid and other things to to help uh
make sure that we're not we're
appropriately interacting with
individuals. Certainly not making it any
worse for that individual uh and then
getting them connected and understanding
what you're kind of what you're seeing
and what the issues might be uh to make
an educated referral um to the service
coordinator.
So um the first ordinance recommendation
again is chapter 14 uh section 85 which
is prohibit the unsafe disposal of drug
paraphern. And this is a really a
specific specifically intended to
address concerns that that I heard uh
that happened back last summer uh with
needles found on the playground at a at
an elementary school. Um, we also, the
police department has also had it and we
just had one last week where with an
individual overdosing in a vehicle with
a child in the vehicle uh and syringes
there. Again, u there's other ways we
can try to connect that person to
services, which we will, but if we
can't, an option might be to uh to
explain this ordinance violation, to
explain the ability to divert away from
any fine, and hopefully get that person
connected. Um, but it's intended to uh
specifically protect children who may
not otherwise understand uh how a a used
syringe could be dangerous um pro
protect them. So it would prohibit
anybody from um discarding, possessing,
keeping or storing drug paraphernaia in
a manner that the person knows or
reasonably should know would
intentionally otherwise endanger, harm
or potentially place an arm the welfare
of a child by the intentional or
accidental contact with the same. Also
specific to any school, daycare pro, uh
playgrounds or other properties where a
person knows or should know children may
congregate. They can't just even throw
them away uh in a regular trash can.
They have to find a sharps container or
something specifically designated for
the purpose of getting rid of a syringe.
Again, we're not trying to uh ban
syringes or um
I understand that the the law is very
specific on drug pal. They're simply
trying to keep uh this the intent here
is to keep people safe. Um to keep
children particularly safe, but also if
somebody is putting themselves in that
position, this clearly a substance use
issue that we probably want to offer
them services for and this helps us
connect that person to services.
>> Can I ask another question? I'm sorry I
keep interjecting. Um so in practice,
how does this actually work? You know,
I'm trying to envision, you know,
there's somebody who, you know, uh, you
know, drops a a used needle on the floor
on the ground um, near a playground and,
>> um, does it require that a member of the
public call the police and let them
know? Are there patrols? Is there
>> It could I mean, like any other issue,
we would need to develop probable cause
to understand that that person is the
person responsible for doing it. So in
this case an an officer could see them
do it. Um somebody may call us. We we
would have to still develop enough
information based on in addition to what
that person may have seen. So if there's
you know video surveillance or something
else. Yes the
the
you know syringe on the ground that
might be very very difficult for us to
prove who did that. Uh but in the cases
where somebody like the example I gave
earlier, somebody overdosing in a in a
vehicle with a child uh in the car,
that's a pretty clear uh and other
needles, use needles strewn about the
vehicle. That's pretty clear that that's
endangering that or potentially
endangering that child. So can we use
that to motivate this person to get
connected to services? Right? And
there's other things we can try to use
there, too. But it might be one of those
cases. Yeah, it's not I'm not saying
this is going to resolve and we're never
going to see needles on the ground any
um we're just trying to like most it's
like I'll use the analogy of speeding,
right? People still speed because there
speed limits.
>> The threat of getting caught keeps most
people from doing that, right? Um, and
that's right if you understand if the
the kind of the risk you take to
continue onto a behavior, but much like
speeding, we're hoping that if the
officer stops you and gives you a
warning, we can change that behavior.
Um, sometimes it takes you getting in to
a crash and your insurance rates going
up. Like there's things that will
eventually motivate most people to drive
within the speed limit. Uh, and that's
kind of the same approach with all of
these ordinances. I'm not saying I'm not
naive. I don't believe they're going to
uh change everybody's behavior. just
because the city council passed an
ordinance. It's just a tool that in
certain circumstances we can use uh to
connect somebody to services.
>> Can I ask you one more question and then
I'll try to keep it I'll try not to ask
anymore. I'm just trying to imagine how
this plays out long term. So, um, from
your experience, Jeep Bro, have have
you, um,
so I guess what I I guess what I want to
ask is in from your experience,
is there some chance that once the word
is out about this ordinance or this set
of ordinances among um, you know, the
folks who are potentially engaging in
this sort of behavior um that they'll
just move it to move to Burlington and
you know I'm just I'm just curious if
you there's I guess I mean I guess there
is a risk of that but
>> right in my experience that's not the
intent right the intent is absolutely to
connect people services however I think
the reality in my experience in New
Hampshire is the reality is uh with the
approach we take with offering services
the people that may not be ready today
might be ready tomorrow maybe three
weeks from now right but we keep asking
u even though we think they're at the
point where they're they need services
they may not be there yet. Um,
the reality is this though that either
people will eventually accept our offer
for assistance or they will honestly get
tired of us kind of offering they they
don't they're going to be tired of us
and I don't I hate to use the word uh
hassling them but in their mind they're
going to see it as why do you hassle me
and offer me services? I don't want
them. And that's fine. there's nothing
that we can't require people to accept
services
>> those individuals if they get to a point
where they don't want to deal with us
anymore they may move on to other
communities that is there's nothing I
can do about that that but again I want
to make it clear that's not my intent
but that will there will be a certain
segment of the population that that will
happen with that was my uh experience in
New Hampshire people and and we saw
people that were very service resistant
for periods of time just they they were
coming to the police department saying
I'm ready like I know you guys have
talked to me a million times about this
I am finally ready right they hit
whatever their rock bottom might be uh
we need to be prepared when that happens
but there are other people that yeah we
stopped dealing with them not because we
were successful in getting them
connected to services but they decided
to do their behavior somewhere else
>> I think if I can just add I agree with
everything the chief just said just
added I think we talked about this a
little on June 1st
>> you know that social compact we have
with one another, that standard that we
expect in places where we invite people
to come and connect with one another and
connect with neighbors and bring their
kids. I think part of this as the chief
is mentioning is that kind of so having
an accountability tool for that social
compact and folks can choose to be where
they want to be regardless of what side
of that social compact they're on. So,
how do we how do we give our
professionals the tools and the
resources they need to ensure that all
partners in that social compact have the
resources they need?
>> I have a question also, Chief. Um,
>> I love this package you've put together.
I think it's a really proactive and
progressive way to try and
support this segment of the population
and hopefully get them connected with
services. When there are resistant
individuals who uh they're panhandling
in the median and an officer has
interacted with them six times or seven
times or four whatever it is and it's
clear that that person is not ready to
change their behavior.
What
what do we do then?
>> Well, I think to the city attorney's
early point, we would there will be a
point, right? I mean, we need to have
the ability to actually take enforcement
action, right? Uh even though that might
not be the full intent, at some point we
will get there, right? We will have a
documented very well doumented history
of all of our attempts and we will uh
issue them a
parents to to civil court and then we
will in inform the judge of all of the
efforts and attempts we made. And quite
frankly, my intent when we get this
rolling is to meet with the civil court
judges to explain the program to say,
"Hey, if we bring somebody here, it's
not honestly not their first or probably
even fifth offense. It we're well we we
will have a well doumented uh history of
all of the opportunities that we've
provided this individual uh to change
their behavior um explain why their
behavior is dangerous to them uh and the
community and then um offer them
services numerous times. If we finally
if we feel we're at that point then
we'll ask the civil court judge to
basically assist us almost give them hey
now it's coming from the judge you got
one last opportunity here do you want to
accept the services or do you want to at
some point to the city manager's point
uh we need to hold people accountable
>> right um I understand and I I don't want
to my intent is not to criminalize in
any way uh any behavior related to unso
met social needs but it this be we are
dealing with the individual's behavior.
We're trying to get to the root cause of
that behavior, but at some point we
can't just because the person is so
resistant, we can't just say, "Well,
because you don't want to, you're okay
to continue the behavior that's
impacting the rest of the community."
Right? That's the the piece I I also
want to add and I know the city attorney
wants to add one specific item to this,
but I also want to add this is all
designed to uh and I I worked with a
social worker in New Hampshire that
coined the term we want to give people a
hand up, not a hand out. Nothing here is
inc is designed to in in any way enable
that person to stay in the situation
they're in. Right.
>> Right. It is and and there are clearly
appropriate times to do that. Right. to
provide people food, to provide people
tents, to provide people warm clothing.
I'm not I'm not saying that's not
appropriate. The police department will
doesn't won't be doing that. Our goal is
to help connect you to services to help
you improve the quality of life that
that you live, not to continue the
quality the life that you are currently
living. Right? And I understand the
difference of keeping people safe,
keeping them alive, and there are
organizations that do that. Uh, and they
need to do that, but the police
department won't do that. Our approach
will be to connect people to services to
improve their quality of life. So, we
will not be giving out sleeping bags or
tents or anything like that. It's to our
only offer will be a connection to
services.
>> So, I'm sorry, while we're on this, I
was going to save my questions for the
end, but maybe just an opportune time to
>> jump in here on this particular one. So,
I have two two questions on this page.
Um, Chief, you mentioned um if the
person is, you know, really resistant,
we have to hold them accountable, but I
thought these were just civil
ordinances. Is there a criminal element
here?
>> No, they're civil ordinances, but they
>> So, what's the what's the
accountability? What what is that stuff
then?
>> Uh the accountability is a ticket.
>> A civil a civil a civil ticket with a
fine potential fine if the court so
issues.
>> But they would be required to go to a
civil court. Um and and
>> okay, but that's it's a
>> just like a essentially like a traffic
summon, right? If if an officer gives
you a traffic ticket and you don't uh
you want to appeal that, you go to civil
>> traffic court, uh the officer's there
explaining why he he or she gave you a
ticket and you're there explaining why
you don't think the ticket was fair or
just part of that uh would probably be
uh in that case of a ticket, the officer
saying, "I've stopped this person and
warned them for speeding 15 times." Um,
and we've had very frank discussions
about the danger they're putting
themselves in the community. Um, and
those documented contacts and or you
know, they've received 10 other tickets
in five other communities, whatever the
case might be. But your history uh
becomes relevant, right? The same thing
would happen here. Your your history
with us and all of the opportunities
we've given you u may become would
become relevant in that situation. We're
going to do everything we can and and
again, we're jumping a little ahead of
ourselves, but I I do want to talk uh in
a minute about our progressive
enforcement model, how it starts with
education. Uh every at every interaction
we're offering assistance.
>> Yeah. So is it um is our framework here,
in other words, that's kind of limited
to civil tickets consistent with how
these types of violations are treated
across the country or do other
jurisdictions move up to criminal
penalties or how does that generally
look across the country?
>> Uh I mean I think generally across the
country most of these start with civil
tickets. Um we do have the authority and
other municipalities across the country
do have authority to enact criminal
ordinances. Um, and some some
municipalities across the country do
make these uh criminal. Um, it depends
on on the level. I I've certainly seen
that some some municipalities have a
certain number of civil tickets before
it moves to criminal or a certain number
of violations before it moves to
criminal. Um, or a certain number of
interactions before it moves to
criminal. Uh, other municipalities just
jump right into this is a criminal
offense. Um, probably not on on to this
level, but they certainly they certainly
do. Um so um
>> so may maybe that's a tool we can think
about in the future if depending upon
the effectiveness of the set of
ordinances.
>> It it certainly could be right right now
we do not have any criminal ordinances
in our in our city code.
>> Uh it's not a route that we've elected
to go down at this point. We do have
>> okay
>> um as you know um at this point the the
state statutes are the criminal statutes
where civil Burlington does have some
criminal ordinances. Um, but I think for
the most part they don't utilize their
criminal ordinances as much as they they
try to use civil ordinances when they
can. So leave leave the criminal stuff
to the the state prosecutor and we stick
with
>> I just have one technical question,
Colin, for you on this particular page.
And I could be completely wrong because
I didn't um refresh or research this
prior to the media, but I seem to recall
there was a Supreme Court case or a case
that said something like, you know, you
can't tell someone they can't stop in a
median unless it's safety related. And
there was some like width, like if it
was like, you know, less than six feet
wide, then you had the jurisdiction
because that feels unsafe. But like some
am I making that up? there was like some
some some constitutional um challenge to
someone said look I can stand here you
can't tell me I can't stand here and it
came down to well is it a safety um the
city regulating safety or not
>> yeah I'm I'm actually I'll I'll plead
ignorance on that I'm not familiar with
the you're talking about but I can say
that the the purpose behind our efforts
here are safety related uh and the chief
can elaborate on that further uh with a
with a little bit of a presentation when
we get there uh but it certainly
motivates by safety and and uh
>> and and then
>> beyond safety connecting people with
unmet needs, but it's safety. Safety
first.
>> Yeah. I'm just talking about this
particular one, the the the median. I
seem to recall there was something about
the width of the median. If it was like
>> wide enough that it wasn't a safety
hazard, you couldn't regulate it.
>> I I'll certainly look into that. I'm not
familiar with it, but I'll I'll look
into it further, but um not familiar
with it right now.
>> Yeah. And I would argue that it is. I
mean, all of our medians are safety and
they're divi they're designed to divide
traffic. And I have a photo and I can
show it at the end of the presentation
uh from earlier in July where a vehicle
uh an intersection related crash which
most of our more dangerous crashes are
intersection related uh intersection
related crash where the vehicle went
right up and over the median on Dorset
right at Williston where often an
elderly woman sitting on a walker
paneling. If she had been there that day
she would have been significantly
injured or worse.
>> And I can show you that photo and it was
just from July. I I think it is a safety
issue, but I also think we have the
opportunity to why is the person out
there? What unmet social need do they
have and how do we help them there too?
I
>> I might throw the word safety in
somewhere in this section 36-234.
>> Okay.
>> Might might just be useful to frame it
with safety in mind.
on on this section there's also uh line
C which talks about upon uh application
the city manager may authorize
activities would otherwise con
constitute a violation. So I think of um
no kings rallies or uh politicians doing
honken waves or that sort of thing. Does
that mean anytime
something like that is happening there
needs to be a application sent to the
city manager to get permission or is it
something where a blanket statement can
be made that
a month before an election this is
allowed or
uh civil gatherings for protest.
Mhm.
>> Is every instance like that going to
have to go to the city manager or is
there a way to
>> to make it so that there's
>> flexibility?
>> Uh, council, I think you're talking
about a couple different instances for
for instance, the the No Kings Rally
would likely need some sort of parade
permit that's going to be closing down
streets or something like that. And that
would be an instance where people would
reach out and say, "Hey, can we can we
take over the streets?" Um that's a
little bit different than um I think
what we're talking about here, but it
certainly could be a blanket by the city
manager. Uh an instance of this is this
type of activity is allowed. What we put
in here uh is essentially um to
recognize that there are some instances
that do take place in the medians and we
do want to allow certain times where
that is allowed. I think we were
thinking boot drives or things like that
where um where it is where we do deem it
safe uh and it is authorized for a
specific period of time. Um if there is
going to be politics or something like
that and we we know that that's going to
happen and the city manager deems that
to be safe then then we can discuss
that. But um
>> I'm just concerned that if it's
discretionary
and
someone standing up with their political
sign in the media and not getting a
citation and these other people are then
people are going to say well how you
know how come
>> right I think back to councelor
Chalnick's point about safety in those
cases where a permit would be issued the
police department would have input into
that and we could make sure that we we
may put cones out to push traffic around
and we may shut down a turn lane. Uh in
in New Hampshire, uh we had a similar
ordinance and the fire department would
do a a boot drive for uh for the Jimmy
fund every year. Um and they of course
they wanted to be in very popular
intersections, but we put out advanced
warning signs, we put out cones, we we
put we created a buffer, a safe buffer
for them to stand. um all of the same
reasons why we don't want the general
public standing there, but we we were
able to do that. So, uh I think any
permit that is uh issued would would
come at some point through the police
department. It uh so we could have input
on general public safety for the
motorist and for the people standing
there regardless of what the cause might
be.
So uh again prohibiting uh public use of
alcoholic beverages that's both uh open
consumption or open container of an
alcoholic beverage. Um right now there
is no ordin requirement in the city
except for in this building. U what
we're basically going to do is uh
similarly the city manager could create
uh an exemption uh through a permit
process. Again, we would have uh input
into that as to to ensure that uh people
are doing so safely.
Uh pedestrians, private pedestrians are
stopping or staying in the roadway.
We've discussed that already. The the
next one is u prohibiting placing or
erecting a structure within any public
right of way, sidewalks, street, or
public space within the city without a
permit. Uh we've included the terms back
up a second. Um, just as you move this
forward, I just this is a really minor
edit, but I want to make sure that this
is on the table as as if you're
considering moving this forward for the
alcohol. Um, in chapter 20, um, we we'd
like to make for if this goes forward to
public reading, a change to the section
numbers. Um, they're they're they're not
numbered correctly. We did some edits
and we when we missed we missed the
numbering when it when we brought it to
final. So, what we would propose and we
hope you would support is that on page
four of this, it has reserve sections.
So the 20-60 to 20-79, we'd like that to
have that reserved. Uh and then for the
miscellaneous civil offenses would
starting with listed as 20-75.
We'd like that to instead be 20-80. Uh
20-76 would be 20-81 and 20-77 would be
20-82.
So just make note of those when when we
move that forward.
Sorry.
So um we've included uh specifically
added um shelter intents to the
definition of structure. I think we
could have made the argument all along
that structure could have been open for
interpretation. We wanted to be very
clear what we were what we were
defining. Uh again and I know the
concern might be that you know the
police department will then just uh you
know find people living uh camping in a
tent and and evict them immediately.
That is not the intent at all. Uh the
intent is to work with that individual.
One, give them reasonable notice uh that
they're in violation of the ordinance.
Um assist them in getting connected to
services, helping which would include
helping them find shelter. Um and then
dealing with uh any cleanup that that
might come of it as well as uh dealing
with the property that might be left
behind. Often we find tents or
structures uh in the in public spaces
that are no longer occupied. They had
been and people move on to something
else. Uh this will also give us an
ability to very clearly deal with those.
Um we we will and we have created large
stickers that we put right on the side
of the tent explaining the ordinance
requiring us to to provide them a
certain time frame to come and get their
belongings. keeping any personal
property uh for a minimum of 30 days,
allowing that person to come or if we
can identify them uh well get their
property to them or allowing them to
come claim property at the police
department. Uh we're trying to this is
not uh an attempt to in any way again
criminalize homelessness or uh evict you
know uh homeless individuals from where
they're trying to find shelter. It's
really designed to get them connected to
services. Um, again, they need to be uh
connected to services, but at some point
um this is just public property. Private
property owners still have the right to
ask us to help move people along a lot
sooner. In those cases, we will also
help offer to connect people to
services. Uh, but the time frames might
be a little different if it's uh private
property.
>> So, we we currently have a camping tent
tenting policy, right? Just a policy
that we worked on a few years ago,
>> right? and and it I think it what it had
was a health and safety or or a health
aspect to it. If if the site you and
became unhealthy because of waste and
things like that
>> uh then then action could be taken and
you know then you know some of the items
would be stored until the person could
retrieve them whatever.
>> So what I'm proposing is that all falls
under uh police department policy which
I'd be happy to share with you. I
haven't done a draft now. Um I'm really
waiting to bring on the service
coordinator to really understand so I
can build out that policy in a more
robust way. But uh we essentially
adopted everything that was in the city
policy um that was still relevant and
and made it an internal police policy
because the the city council I think the
the intent was and you were here I
wasn't. The intent was we don't have a
polic ordinance that prohibits this but
we need to deal with it the best we can.
Now that the ordinance is in effect, uh
the police department, which gives us
the ability to now deal with it, we will
then kind of manage that that policy. Uh
but uh to your point, um and I apologize
for not sharing it sooner. I just wanted
to uh build it out a little bit in more
detail. The we will still deal with uh
immediate hazards was an issue that that
came up there. So, if the person's
camping in a place that's just flat out
unsafe for them to be um you know, next
to a highway or whatever the case might
be, we have we have the authority to
move them uh sooner than than just, you
know, letting them stay there for days.
Uh same with if they're camping um
anywhere next to a child care facility
to include schools or playgrounds. The
ability to to to try to
interact with that person sooner and
move them along sooner. That was also um
I I
spacing on the term that was used like a
critical uh area uh that we wanted to
address uh sooner than than later. Our
approach will will will all be the same.
Um and that is um really this
progressive enforcement model. Uh we do
we don't intend to just say to somebody,
hey, you're camping, you got to go. We
will warn them. We will uh notify them
that they have u time to clean up. I
understand we want to take a
compassionate approach here. Everybody
everything the person all of their
possessions are are right there, right?
It's no you wouldn't no none of us would
want to be told you you have to move
immediately. Um,
we want to give them time and treat them
with dignity and let them pack up their
belongings. Um, we also want to help
connect them to services. Um,
and we we're trying to to kind of merge
those two things and get them connected
to services and move them in as timely a
manner as we can. Um, so those there's
there isn't a big overlap. Um, but
you know that might depend on what we
have for open shelter space. uh we will
take a a very human approach to this.
We're not going to say it's freezing
out, there's no shelter space, and we're
going to now take you out of your tent
and remove you from your warm sleeping
bag and all that stuff. We'll we'll take
a compassionate approach, but it doesn't
mean we're just going to let you stay
there for good, right? We're going to
try to get you connected to services
sooner than later. If it's really cold
and you're really in in in, you know,
endangered endangering yourself by being
out there, we uh we may take other
steps. In New Hampshire, we brought
people back to the police department and
let them sit in the lobby until we can
find a shelter space for them. Uh it
depends on, you know, the time of year,
where they're at. There's a lot of
different things in play, but the goal
is not to just move somebody immediately
from their from their tent. Uh but I do
believe that it's a lot easier to deal
with one tent um than it is to deal with
an entire encampment. Right. If we don't
deal with the one tent situations, they
become encampments of you know 30 tents.
Uh and that's not a position we want to
be in either.
>> Chief, just to um maybe follow up on
that. So, in my mind, kind of the one of
the key differences between the
ordinance that we're considering and the
policy is this flatout rule in the
policy that says in the event there's no
shelter, city personnel will not notice
campsites for removal.
Do do you intend to to change that? Is
that intended to be a change?
>> We will notice them for removal. In
other words, we're going to tell people
you're you can't be in violation of the
polic of the city ordinance. However,
when we actually remove them, we'll be
dependent upon connecting them to
services.
Now, if the person uh if we're able to
connect them to services and they refuse
services, well, then we're not just
going to let them stay there either. Uh
but the the intent is to not is to
remove them when there's appropriate
services available to remove them. But I
think the the difference being uh we we
will notify them as soon as we determine
and locate them and locate the tent like
hey you can't be here how do we get you
connected services just because we may
not be able to connect in the services
doesn't it doesn't do us any good to not
start that relationship building with
our service coordinator to try to get
them connected to something. Uh in my
experience in New Hampshire, even when
we were unable to connect people to
services, we were often if you just sit
down and talk to them, give them
something to eat, give them, you know,
something warm to drink, uh often we
were able to work through the issue and
maybe find a distant relative they could
spend a night or two with until we could
get them into a shelter space. Uh my
hope is that our service coordinator has
good relationships or over time builds
good relationships with different
shelters in this region but outside of
the area as well that we can connect
people to
>> and they'll be building relationships
with the individuals that they're
interacting with.
>> Right.
>> So the first time it may be very
preuncter but over time
>> understanding and this is not a problem
that's going to go away overnight. It's
a it's a big systemic issue that we're
trying to redirect the ship on and it's
taking a long time to get to where it
is. So, it's not going to shift quickly.
>> And again, I don't I don't see us we're
not solving the larger problem, right?
We're trying to work with individuals
who and understand why they're why
they're there and how do we help the
them meet whatever unmet social need
they have to get connected to services.
Obviously, you know, if children are
involved or other things, we're required
to notify DCYF and all and by by law
we're required to do certain things, but
we're we're
those cases we we're not dealing with
very often. Fortunately, what we're
dealing with is one individual or two
individuals in a campsite. Uh and again,
you know, we very well might see um
people either hopefully get connected to
services. That's the intent. um we may
deal with them at different locations um
and then they're finally ready to get
connected or they may get sick and tired
of us offering them services and
notifying them that they're camping in
violation of the ordinance and they may
go camp somewhere else in another
jurisdiction. That may happen. But all
of this revolves around a progressive
enforcement model. At every interaction,
the off the offer to connect services
will be made. If the individual accepts
the offer, no further enforcement action
will be taken. So at any point the ball
is really in the individual's court. At
any point they can accept services and
that ends the any sort of enforcement
action that might be taken. Uh our first
approach would be to educate the
individual that the behavior is in
violation of the ordinance verbally and
then that would be the first time. The
second time would be to verbally warn
them and document it each every time.
Issue the person a written warning. Um
which there may not be much of a
difference to that individual on a
verbal warning or a written warning.
It's just in our system, it's the
progression, right? We I can give you a
verbal warning for speeding or I can
give you a written warning for speeding.
To you, it doesn't matter. You're not
getting a ticket. But for us, it's a
different level of enforcement and then
eventually summons the individual. But
we might be all the way up to a written
warning. If that person says, "I'm
ready." Then they don't get the written
warning, right? Uh we may be all the way
up to the issue summons the individual,
but if they're not ready to accept
services, we don't do this. We did a
very very similar model in in the
department I came from in New Hampshire
and very very rarely did we have to
actually take any sort of enforcement
action. Our people got really really
good at building relationships with
individuals uh with uh
offering that assistance and just kind
of just it's a grind but they they will
get to do it. Um and you know all of our
police officers and firefighters are
here to help people. That's why we all
said that at some point in an interview.
some of us longer than others. Um me 30
years ago I said you know I wanted to do
this to help people and this is what I
mean. So we all we all want to nobody's
looking to to criminalize any behavior.
We're looking to connect connect people
to the services uh and at any point uh
they can accept services and um it kind
of it ends right there. So
>> as you're developing this program have
you been in contact with uh other
jurisdictions surrounding us? um to
share the concept and see if it's
something that that you know you talk
about shifting to another jurisdiction
but if we create a a a regional
comprehensive approach
um
that might mitigate some of that and I
don't know if if Burlington or Essex or
Williston etc whether you've been in
contact with them around this this
program
>> I have had some conversations um
Burlington's ing up the situation table,
right? Which is what I I I see this as
kind of the reverse of that, the inside
out version of that where a bunch of
service providers literally sit around a
table and they bring they talk about
individual cases, right? And they figure
out who can help. I have done that in
and my my experience with those are they
start out strong but once people change
once those organizations change you kind
of lose some of the momentum like
specifically you know the representative
from different organizations changes
over time uh I've also seen where
unfortunately a lot of those
organizations are competing for the same
grant uh money the limited dollars that
are out there so it becomes a kind of
potentially contentious um not
intentionally but that and people
organizations aren't as engaged over
time. I'm not saying that's going to
happen. I hope it works out well. Uh
what I'm trying to do is the reverse of
that. Instead of bringing all of the
providers to one service providers to a
table, let's let's help let's have a
trained social worker who can look at
that individual and then essentially
reach out to the direct agency uh
involved different agencies. It may be
several organizations
work with one individual. Uh but it'll
all be kind of coordinated by one point
person.
>> I I also want to make the connection
back to our community outreach team
which is a regional partnership and a
regional service program. Um so this
effort with that effort work handin
glove. They're not they're not
>> overlapping efforts. They're supporting
efforts and we have talked with the
managers in in those communities that
partner with us on community outreach.
We are the highest user of community
outreach by by 10%
>> at least
>> at least um and we have shared with them
that we are going in this that we are
proposing to go in this direction
>> um and buy additional capacity from the
Howard Center but it's not in it's not
pulling out of that regional
partnership. It's it's it's
>> injunction
>> in conjunction and piloting could this
is this going to work? We believe it's
going to work because the chief has
lived experience of it working. Um but
we have talked to them about if we can
prove the concept it may become just an
extension of our existing community
outreach team.
>> Right. And I think the the big
distinction for me is community the
community outreach team as it stands now
they're really dealing with people in
acute crisis. Right? They're they're
really they're
mission is to help people navigate
through a crisis, right? I want to
connect people kind of between the
crisis so another crisis doesn't come
up. So I think there will be a lot of
overlap in a ven diagram. There'll be a
lot of overlap uh between and I I
envision the outreach workers the
community outreach team that we
currently use from Howard working with
uh it'll be the same individuals right
so um I think and that and that's one of
the reasons why we want to partner with
Howard because I think they already
bring a ton of information to the table.
They already have relationships built
with a lot of these individuals. they
have records that we don't have access
to, nor do we need or want access to.
Um, so I think it it kind of makes
sense, but there are other and I do I
agree with you. I think once we can get
this up and running, I think we need to
not get too far ahead of ourselves and
and work on it here and refine it here.
But I think you're absolutely right. It
is something that is probably well um
would work regionally really well um
because we people don't stop at borders,
right? dealing with the same
individuals. Um, so there are other
chiefs um outside of Burlington that are
very interested and I have talked to
them about what we're trying to do and
um
but I think you know and probably
rightfully so they're saying we'll prove
it success, work through the bugs and
then get back to us
>> one step at a time.
>> Yeah. Uh this picture real quickly just
highlights what we were talking about
the traffic uh you know intersection
related. This is on Dorser at Williston
uh vehicle intersection related crash
and the vehicle went right up and
unrested the median. So uh it there is a
legit safety concern. I understand
people's first amendment rights to to to
panhandle and ask for money. I'm not you
can ask anybody you want for money. I'm
okay with that. I just want you to do it
in a location that's not endangering
yourself or others. Um, and um, I think
this picture clearly highlights that.
And as a bonus, if we can help you meet
the unmet social need that causes you to
be out there paying, I think that's a
win for everybody.
>> So, um, councelor, um, I apologize. I
think I'm a little slow. I certainly did
do research on this before before when,
um, when we talked about these ordinance
just to make sure we weren't violating
people's first amendment rights. Um and
uh my my goal and I think the goal here
was just well clearly it's a safety. So
that's where my mind was.
>> Yeah. You know, of course. Yeah.
>> But but there are certainly are cases
around around the country that talk
about certain restrictions being um
unlawful if they are applicable only to
but they're not safety related.
>> Exactly.
>> So here So when we're sitting here, I I
I come up some some language that I
propose that we add to this based on
your recommendation. Um, and so right
now the the the ordinance does read,
"Unless required by a traffic control
device applicable to pedestrians, no
pedestrians shall stop or stand upon any
portion of the roadway." Um, I would
suggest you have
>> Can you say where you're reading from so
they can follow along on that?
>> Yep. So this is section 36-234.
>> Uh, it is in chapter 36, page two.
Um, and it's in subsection B.
Okay.
>> And you would add what?
>> So I would I would suggest unless
required by a traffic control device
applicable to pedestrians
for comma for the safety of individuals
and the traveling public, no pedestrian
shall stop or stand upon any portion of
the roadway. That
>> makes sense to me. Thank you. Yeah.
>> So I propose that we add that if you
move this forward. Yep. Any
other comments? Otherwise, we're going
to ask for a motion to set a public
hearing. My my only comment is that um I
think these are these ordinances are
needed to uh curtail certain behaviors
or or to make evident the fact that
there are behaviors among some
individuals that are are not good in in
our city, right? And that have negative
consequences, especially for children.
And it's unfortunate that we have to
pass an ordinance against these but it
highlights the fact that and and see
these are not criminalize these don't
criminalize but they they in turn
recivilize is that's the term I would
use right these types of behaviors to
make them evident so that the police can
take action in this way to try and and
seek help for people and give them
services. So, I I I think this is a good
a good first step. And there are other
municipalities and cities around the
country that are going they've been
they've leaned very far to the to the
liberal side and relaxing laws and now
they've rolled back because they've
discovered that by doing that it just
has promoted behaviors around the city
that that are not good. They're not and
and it degrades the quality of life for
everybody else as well the people that
are engaged in it. Right. So, this is
this is the right swing of the pendulum
for now for this purpose. I
>> I think so. So, I'd entertain a motion
to public hearing.
>> Just just um a tangential question. I
know we're going to get to ebikes and
item 10. I have a couple of questions
there too, but um I was just curious,
there were some changes um with respect
to domestic animals, the pets and
leashes. And I don't know if those were
substantive or just moving things
around. As I read it, it it read to me
like, okay, if you're on a shared use
path, your dog needs to be on a leash.
If you're not on the path, you're just
in a park.
>> We're not there yet. We're still
>> No, it wasn't. This was in all this. I
thought it was
>> So, what what we what we've done is we
made some changes to the same chapter.
>> Yeah, same chapter.
>> And so, we're going to talk about it in
a minute would be the the proposed
e-mobility devices that is located in
e-mobility. Essentially, we took one
ordinance that was parks ordinance and
moved it uh to this chapter. Um and so
we didn't amend this at all. It was an
existing ordinance that was already in
place. Um and so we we didn't make
change the the leash and the pets.
That's an existing ordinance.
>> None of that changed. You're just moving
stuff around.
>> Exactly.
>> That's what I want to know.
>> Okay. And I just as we're getting ready
to do a motion, I just want to say it's
really important for us to highlight
that these ordinances are in conjunction
with the development of the service
coordinator position, right?
>> And are for the intention of helping
actually transition
rather than criminalize or or be
punitive to folks who who are in a state
of of distress. And I think the approach
is I'm I'm thrilled with what you've
presented us.
So I'll move uh can I can I interject
one thing? So you have a motion in front
of you. Um I would just have you add
some language that says um as proposed
to be amendment at the meeting tonight.
>> Okay.
>> Um just so it it clears up that the the
amendments that we've talked about here
are included in the the draft that moves
forward. Okay. So, I move to move a
public hearing on September 8th, 2026,
and approve changes to the South
Burlington City Ordinances, chapter 14,
chapter 20, chapter 32, chapter 36, and
resin city council policy 20225
and city policy 202503
in uh
accordance with the additions and
changes that we've made here tonight.
>> I'll second that. We have a motion and a
second. Any more discussion? All those
in favor say I.
>> I.
>> It's unanimous. Thank you very much. Uh
we will go on to item 10, which is
receive and hold the first reading of
updates to South Brilliant City
ordinance, chapter 22, parks and
recreation, and chapter 36, traffic and
vehicles, and possibly set a public
hearing for again September 8th, 2026 at
7 p.m. These changes address electric
mobility devices as recommended by the
bike and ped committee. again, Bill Bro,
chief of police and Colin McNeil, city,
attorney. Good evening again.
>> Good evening again. So, yes, so the the
as you are all well aware, um this issue
uh has been at the forefront of the the
bike and and ped committee. They made
recommendations uh on an ordinance. the
city attorney and I and uh the acting
director of public works looked at that
and uh looked at it from, you know,
legality and enforcability uh in in
recommending the the additions that you
see uh starting in article six or
section 36-400.
Um this also part of this as the city
attorney just alluded to um section 22
um is now we we removed it from 22 uh
and put it a lot of it with the
additional language about specific to
prohibited uh uh e devices. We also
added the language from section 22 just
to streamline it so it was all in one
spot. So that's why we're talking about
horses and other things. Um that was not
part of my my recommendation. It's just
that carryover from 22.
>> Uh so just a couple of things. When we
when we moved this over, there was an
existing ordinance as we just talked
about that dealt with traveling on
recreation paths that we've moved over
to to incorporate to be a little bit
broader to be shared use paths and
sidewalks to have this be applicable. Uh
but we made some very minor changes to
that based on what was recommended by
our bike and ped committee and we
incorporated those changes to deal with
uh ebikes. And so now certain ebikes are
allowed as defined by statute and
certain e mobility devices are are
prohibited as recommended by our bike
and ped committee that is uh been
transferred uh into the section. Um, one
thing that we did change uh from
and moving this the sections over from
chapter 22 to chapter 36 is you will see
in uh section 36-41
it says horses prohibited that used to
say skateboards and horses are
prohibited. Um we felt that it was more
appropriate and feel that that shared
these paths can be used by people on
skateboards. So, we eliminated that
prohibition uh for the ordinance that's
under your consideration tonight.
>> I have a couple of quick questions in
this section. Um the first one is um on
page 133643.
And prior to this, it says that uh you
know, you need to stay right when you're
on the trail, etc. But section 403 says
pedestrians have the rightway on the
recreation path. And while I totally
understand that and I think it makes
sense, what I'm experiencing on the
trails very often are pedestrians who
are walking two or three a breast,
oblivious of what's going on around
them, um or walking with headphones on,
unable to hear people coming behind
them. Um, if this was just a recreation
path, I would understand that
that behavior may be okay, but this is
supposed to be a transportation
corridor. We're trying to improve the
opportunity for people to
get around on bicycles and if they come
up behind a pedestrian or a group of
pedestrians who are paying no attention,
blocking the road. Um, is there a way to
incorporate some language in here that
speaks the responsibility or code of
conduct for pedestrians as well because
it's dangerous for them and it's
dangerous for the rider. Um, and I just
wanted to to bring that forward and find
out if there's if you've thought about
this or if there's some way to address
it so that
pedestrians stay alert and they they
respect the respect goes both ways.
>> I I think what I would suggest is at
this point we just took the existing
ordinance and moved it over. Um, and we
did that because there was two
ordinances that were somewhat
conflicting based on the recommendations
of the bike ped committee. Uh, and our
immediate need to address e-mobility
devices and ebikes. Um, so what we're
trying to do is have an ordinance that's
at least consistent with it ordinances
that are consistent with themselves. Um,
so we've incorporated the changes that
have been recommended by the by the bike
committee, bike and ped committee and
that uh we've we've kind of vetted
through public works and through the
through the police department as as
needed immediately. Um, I think that
what we can do as we move this forward
is we u move forward as it's written
now, but continue to look at changes
that can be made to the ordinance that
that exists now. Um, is this the
language we really want for our
transportation paths or is it not? uh
and analyze that moving into the future.
>> Great. I was just highlighting something
that I think is going to become a bigger
and bigger issue as we move forward.
>> Yeah. And and I think if you you know
that's section 3643, but then right
under section 36404 also says that all
users shall stay to the right side of
the path except when passing.
>> So the argument can be made that that
includes
>> pedestrians. Right. Yeah. I think to me
it's when there's that direct conflict
point the pedestrian kind of like when
two cars come to an intersection at the
same time the person to the right has
the rightway kind of that's how I
interpret pedestrians have the right
away if there's a direct conflict point
the pedestrian has the right away
however that doesn't mean they can just
walk wherever they want to walk right
they still have to stay to the right uh
except when when trying to pass so
>> and it also said be in single file when
necessary for safety
>> I just Oop, sorry. Did you want to
answer that first because I'm about to
go off on a tangent.
I um I don't know when the appropriate
time to comment on this particular
directly related issue is, but the
anytime that we pass an ordinance, the
question of enforcement comes up, right?
And there are greater and greater calls
from the public for enforcement of these
ordinances on our paths. And I just
wanted to I don't know if this is the
appropriate time to ask the question,
but just you know um I'm wondering what
the what your vision is for that because
we've we've just today I got another
email about emotos on the paths and I've
had that experience myself. Um, and you
know, I' I've seen kids racing around my
neighborhood on emotion and first thing
I think is, "Oh my goodness, one of
these kids is going to crack their skull
open and, you know, end up on my on my
viewbox at work." Um, but I'm just
wondering what your, you know, what your
plan is for that.
>> Chief, before you answer, can I just
amplify that because I had the same
question, but just a few more details to
the question. So, one, I see there is a
section here 36 dish for other relief.
I'd love to know what that encompasses.
Um, and two, I'd love to understand what
the enforcement is today for something
very similar. Like, let's say a kid is
driving a car illegally,
>> right,
>> on the street. Like, what what can we
do? Is that criminal? Can we hold the
parents accountable? Can we confiscate
the car?
>> So, this is specific to what's allowed
on the wreck use path, right? This
doesn't change the the kids driving
around on the streets on on uh and we've
already taken enforcement action for
underageed individuals who are not do
not have a license driving emotives that
are required to be registered insured
all the same things as a motorcycle or
any other moving vehicle. We have taken
action against them and their parents
for allowing them to do that.
>> What what actions like what just give
you don't have to say specifically but
what what what what remedies do we have?
the actions could be uh allowing an
improper person to operate a vehicle. So
if um if you get in the car and you let
your 10-year-old drive the car, even if
you're with them, you can't do that,
right? That's allowing improper person
to operate. U so we we've particularly
if we've already dealt with the
individual, turn the bike over and the
and the kid back over to their parent,
made their parent very well aware,
educated them on the dangers of this,
why it's not legal, uh and then we deal
with them a second time. We have uh
we've already done that a few times now.
uh taken enforcement action against the
parents for allowing that to happen. Uh
we will continue to do that. That
doesn't change that. We're just
specifically
identifying where these are allowed or
not because it's possible that somebody
who has a license who wants to go get
this thing registered and insured and
does all the proper things to make it
legal still can't operate it just like
you can't drive a car on the on the on
the path. Um overall enforcability. Um
we do we we recently last week there was
a press release about uh we we've
created or started uh having officers
patrol and bicycle that will continue.
Um we also have officers on foot. Uh we
will continue to make uh areas where we
know uh we have a lot of concerns
particularly where there's uh conflict
points u on the along the trail where or
or times of day where we know these kids
are out there. We will make it it uh we
will take enforcement action on the
trail. Uh but like I was saying earlier,
the first thing is to is to identify
what the rule is, right? So people
understand what the rule is just like
speed limits. This is not going to solve
the problem. I want to be completely
clear. We will still have because you
pass an ordinance uh doesn't mean we're
not going to have these issues. It just
gives us the ability to take enforcement
action. Uh but it also sets what the
rule is just like a speed limit does,
right? Most people will drive the speed
limit because they know what the speed
limit is. Uh and that's kind of the hope
here. Uh but we will take enforcement
just like when we deal with people uh
who are speeding. We will take
enforcement when we see it when it's
appropriate. People can certainly call
us uh if they have continually problems
with individuals uh and we will take
that. We we one of the cases I was
talking about where we cited a parent.
Uh the second time uh a neighbor knew
that we had contacted them. neighbor
took video of them. Uh he confronted
them and it was on on video of them
clearly underage individuals on their on
their emotos uh on the public street. Um
so we b use that video as evidence and
we took enforcement action. We will do
that. Um again like any other like I was
talking about earlier, we need to build
a case, right? It it's not just because
you call us and say I saw this. That
might not be enough proof for us to to
to uh to make a case. Um, but again,
it's this ordinance is specific to uh
the rules of the road. The state
statutes already cover that. We're we're
talking about the the shared use bike
path here
>> at the ribbon cutting for the city hall
park, right? Mhm.
>> There was an individual riding an emoto
on the paths and there were four
officers walking to the paths and and
there was a little discussion about that
and then that person walked their emoto
out of the park and so no ticket was
written which was a good opportunity for
you know the citizen to listen to the
police and say here's the rule and uh
you need to walk that. So that was one
good outcome. Right. So, I'm sorry,
Chief. Just so I I I thank you for the
clarification that um outside shared use
paths, we rely on state statutes and
feel like we have appropriate remedies
>> for the shared use path and specifically
for someone that's riding in violation
of our ordinances.
>> What remedies do we have other than
penalties? Can we confiscate the bike?
Can like what can we do?
>> So, yeah. Um it depends on what they're
doing. Um, if for this civil ordinance
only, no, we wouldn't confiscate the
bike. If it's a if it's an adult, if
it's a juvenile, we we might not
confiscate the bike, but there's nothing
stopping us from requiring the parent to
come get the kid and the bike in the
ticket. Um, so part of this will be
educating parents as well. Uh, and this
is just one part of the approach that
we're going to continue to take. The
rest of it is working with the schools.
uh at the end of last year we we had
officers in the schools meeting with
students specifically in letting them
know the issues with emotos. We will
continue to do that. One of my plans is
on the you know first day of school uh
in several days thereafter we'll have
officers checking the bike racks for
these things and dealing with them. Uh
we're not going to let the kid get on it
and drive back from school if they're
off. We'll we'll deal with it uh right
there in the moment. will work with the
school to identify the kids and uh and
and work with their parents to make sure
that they understand the law. I mean
again like most things enforcement is
not our priority. I mean it's not what
>> but but sometimes you need to do it
>> but sometimes you need to do it right
but education and changing the behavior
is what we want to do
>> and I'm sorry just one just point of
clarification if say a child is riding
an emoto on the shared use path that
enforcement would come under state
statute not under this
>> yes because they're still an
unregistered right they had to get on to
the shared use path it's just like if
they were driving a a car
>> and I will just elaborate on what the
chief said you know because we get our
author authority from the state. The
state has given us certain authority to
enforce civil ordinances and generally
that is collecting fines going to
judicial bureau through that process. Um
the other relief section that you did
reference that um that is through
statute as well gives us the authority
to pursue injunctive relief. Um whether
that would injunctive relief
>> and what what would that mean what would
that mean in this context? It's it's
really limited in this context, I
imagine, unless you can establish that
there is some activity that you'd like
the court to stop um and be able to
justify going to that civil process of
getting an injunction to stop this
activity. Uh it might be very limit
applicability here. Uh but basically
this is this is the same language that
is in all of our ordinances. So we
wanted to incorporate in here and have
that those rights available if if we
need it.
>> Yeah.
Just want to add that I'm really
grateful that we are addressing this
now. Um I have seen in Red Rocks Park
and other places kids on emotos being
arrogant and aggressive and
basically flipping people off.
>> Um we heard what happened in Burlington
on the bike path just this last weekend
and I think that getting ahead of this
before it continues to escalate is going
to be really important. So, I'm I'm
grateful that this is in front of us
tonight.
>> And I'll add another perspective to that
because I I'm very So, I'm I'm I'm I
agree with Lori. I'm extremely grateful
that um you're stepping up enforcement.
We we have we're going to have an
ordinance. Um my concern is that we are
going to have an accident and one of
these young people who's acting like a
teenager and riding around and you know
feeling immortal is going to end up very
badly hurt or or unfortunately maybe
dead. Um so I I see very bad stuff at
work every day and I'm really concerned
that this is what the outcome is going
to be if we don't get on top of it. So,
I'm glad that um I'm glad that this is
uh underway. So, thank you.
>> Having been a young kid there, but for
the grace of God, it could have been me.
And um
uh I I hear the people on on Facebook
saying, "Oh, kids will be kids, etc."
Well,
thank you. That's all I can say. So I
have a couple just a couple of technical
questions on this if it's appropriate at
this point. Um uh we use the term
electric bicycle but I I don't see it
defined here. Is that just incorporated
by reference to state statute?
>> Yeah.
>> Or did I miss a definition?
>> No. The the definition se section of
this ordinance is pretty limited. But
what it does it it incorporates the
definition set forth in title 23 section
4 and 19 section 2301
>> which defines electric bicycles all
those bicycles.
>> Okay that's fine. So right below that in
B52
it talks about e scooters hovered boards
other e-mobility devices with an
electric motor or less than two 750
watts. I think you meant of
>> we we certainly did there was a type
there's a typo there. I was going to
raise that before we made the motion.
Um, councelor Fitzgerald also raised
that and emailed to me earlier. Um, and
she had a suggestion of either making
that of less than 750 watts or no
greater than 750 watts. And I
>> whatever the law is,
>> whatever you whatever you would prefer
>> whatever the law is. Is it I mean, is it
750 okay or is it less than 750 on for
bikes?
>> It's less than less than.
>> That's okay.
>> So less than Okay. Um,
>> less than or equal. No. Okay. Then um in
B1 we to accept um city maintenance and
enforcement vehicles. And Bob Brid made
the comment I think he's right. We
should probably also have an exception
for people working on behalf of the
city, you know, fixing the paths or
construction whatever subcontractors in
in B1.
And I think that's all I have.
Yeah.
Maintenance.
>> So that one
>> I I I just want to make sure I get the
language that you're that you're
suggesting. Um,
>> so, uh, in B1, there's an exception for
authorized city maintenance and
enforcement vehicles. I'd probably add
something like or
um,
>> organizations working on behalf of the
city,
>> you know,
>> we just reverse. What if we just said
maintenance or enforcement of vehicles
as authorized by the city?
>> That's fine. Yeah, as authorized by the
city is fine. That would cover anything
anybody we
>> that I think that does it. Yeah.
>> Okay. So, if no other comments, do we
want to have a motion to uh hold first
reading?
>> Um, hold on. Erica's also saying 36400A
has a typo.
Erica, can you
>> I know
>> that's what the public hearing is for,
but there's nobody online that's asking
for, so I can ask.
>> It just says share use instead of shared
use.
>> What is this?
>> Share. Shared.
>> Yeah, it was a purely a letter missing.
>> So it says shared
So shear share use instead of shar
>> clean it up and we can clean it up.
>> Oh, does it
cut and paste? Yeah. So there's a motion
that has no D.
>> Okay. So before the motion, is there any
any public feedback on this tonight in
the house? There's nobody online with
their hand up.
So, um, I move to a second reading and
public hearing to South Burlington City
Ordinance Chapter 22 and chapter 36 on
September 8th, 2026 with the revisions
and changes discussed tonight.
>> Second.
>> We have a motion and a second. Any other
discussion? All those in favor say I.
>> I.
>> I. It is unanimous. Thank you. And we'll
move on to item
11, which is receive an update on the
emergency operations center
modernization and possibly approve a
request for the use of up to $48,500
from ARPA inspired reserve funds for
this purpose.
>> Deputy Fire Chief Chris Corbin
>> and Police Chief Bill Bro.
>> I'm gonna let Deputy Chief Corbin do
most of the speaking on this one.
>> Is it chief?
>> Not yet. August 31st.
>> Oh, 31st. Okay. It's come
>> and thank you Col.
>> Thank you.
>> Pre chief.
>> Yeah. Thanks, Colin.
>> Good evening. For the record, Chris
Corbin, deputy fire chief.
Uh the police chief and I are coming
here on behalf of uh public safety and
other staff uh this evening requesting
authorization to use up to 40 $48,500 of
ARPA inspired reserve fund balance to
establish the information the
infrastructure technology furniture and
equipment necessary for a modern and
modular emergency operations center. Uh
this is the first phase of a larger
emergency preparedness initiative as was
identified in the FY27 policy priorities
and strategies. Tonight's request is
specifically for the physical um and
technological upfit of the EOCC. It
doesn't fund the entire project. Um
there this is a three uh part phase of a
plan. The EOCC is the first step to
better prepare for any event that may
happen tomorrow. the remaining phases uh
require more time and are focused on
preparing staff especially the staff
that are not accustomed to managing
emergencies.
Uh so just a little history behind this.
So South Burlington previously
maintained a formal EOC in the
Department of Public Works. Uh that
facility was staged and prepared for uh
activation but was rarely used
throughout the years. DPW staff need
more space and the space was conver that
was the EOC was converted to office
space and the city didn't really
reestablish a replacement for the EOC.
The events of March 11th demonstrated
the need to restore the capac the
capability uh and the subsequent
afteraction process identified three
related needs. Reestablishment of the
modern EOC, develop a comprehensive
emergency operations plan and train and
exercise city staff to operate within
those plans.
Uh this request addresses the first of
those needs.
Uh we uh
some of the uh city hall staff as well
as police and fire staff kind of sat
down and determined that the Miller room
at 19 Gregory Drive in the police
department was the best location for our
primary EOC. Uh considering hazard
exposure, continuity operations,
communications, resiliency, security
infrastructure, workspace, and the
ability to activate quickly. We did
identify city hall and the fire station
number one on Dorsa Street as our
alternate locations. Uh with the city's
existing infrastructure
and this plan for this new equipment,
we'd be very uh we'd have the capability
of having a virtual or physical EOC in
any of those three locations depending
on the circumstances of the incident.
Uh it is important to note the Miller
room won't lose its normal function of
meeting for public and police as well as
training for the police. Uh and for that
that reason of not losing space and also
for a more modular uh and buildup tear
down system, we're looking at not having
a dedicated space but instead using the
modular uh capability. So, we're talking
about $48,500
tonight. Um, this is for IT, electrical,
security, infrastructure, AV and
computer equipment. Uh, some security
and privacy, as well as some furnishings
and storage at 19 Gregory Drive for the
equipment. Uh we did speak with both uh
city manager Baker as well as the
finance team and uh the recommendation
is using one-time reserve allocation for
the one uh for this investment rather
than uh using operating budget. Annual
maintenance and subscription costs are
minimal and any future replacement can
easily be uh planned out through
operational budgeting or the capital
investment plan. And then uh follow if
uh this request is approved, the
unassigned ARPA inspired reserve fund
balance will remain at approximately
$1.772 million.
Uh just to kind of give you an idea of
what else is going on in this. Uh so in
FY27, the staff has the plans to
establish the EOC and develop a draft
emergency operations plan. And then in
FY28,
uh the work is expected to progress into
employee training. and then fullscale
exercise of the emergency operations
plan and the emergency operations
center. While we're looking at full
implementation of, you know, somewhere
probably around $100,000 by the end of
FY28 and we're all done. Tonight's
request is just for the fit up of the
$48,500.
>> So, I have a quick question and I want
to preface it by saying that um I think
this is terrific. Um I mean I think that
uh uh I think that this will be
versatile in a way that our current
situation is not as we saw on March
11th. Um we couldn't have done better in
my opinion on March. You all couldn't
have done better but I think that um I
think that this this uh a very um
worthwhile initiative for us to support.
Um I'm just wondering if you have I mean
you have very specific numbers here for
these different items. Have you priced
out specific,
you know, electrical electrical and
security infrastructure, for example, AV
equipment, etc.
>> Round it up to the nearest dollar. Round
it up. Yes, ma'am.
>> So, you already know exactly what you
want to purchase and and these are the
numbers.
>> Yeah. The IT director has worked with us
as well as facilities and we've gotten
quotes for everything. So, we know that
number is hard and fast.
>> Okay. Great. Thank you.
>> You need a a motion to authorize the use
of the funds. Is it to authorize you or
author?
>> So, it's
>> it's right there. Um,
>> you got language.
>> I move to approve the use of not to
exceed 48,500 from the oper balance of
purchase of necessary infrastructure and
equipment to fit up a modular and modern
emergency operation center.
>> Second.
>> We have a motion in the second. Is there
any discussion? All those in favor say
I.
>> I. I.
>> I. Sounds like a good idea.
>> Thank you all.
>> Thank you.
>> Thank you. Thanks, Corbin.
>> Uh, moving on to item
12, which is discuss and possibly
approve a naming policy for public
assets.
>> Um, so we brought this to you, this has
come to a couple of times um over the
last couple of months. Um, uh, sorry,
I'm on the wrong document. Brought this
one to you last at your August 3rd
meeting. You provide some feedback to
us. Um I re I um updated the draft of
the policy with that feedback ran it by
councelor Fitzgerald and Chelene neck
who um had helped craft it. Um and I
think we are all in agreement with the
draft as presented. What you did not
make a final policy decision on at your
last meeting was the language on
employees. So in your cover memo, I've
given you three different options of
that language. Um a do nothing option.
um an option for naming um something
after a city employee if the effort done
was outside of the employment um or a
third option of um wholly in part from
person's contribution. So you have that
language before you in your cover sheet.
So you can either approve as drafted or
add one of those items into the policy
and possibly approve tonight.
Let me just uh amplify that a little bit
because so I I wrote those those two. So
just to um share my thoughts on on them.
So um do nothing is future councils have
discretion to name after employees or
not. Um
>> still an employee or not employee. Is
that is that in there that they cannot
be an employee?
>> If we do nothing there's nothing about
employees now. So it would be in the
full discretion of future council to do
what they want. Um, one option is to
limit it and say to basically constrain
future councils to only name after um
employees for contributions made apart
from their work as an employee. So for
contribution made as a constituent so
that a future council would not be able
to name after employee for their work as
an employee. The third option is to say,
sure, you can name after someone for
stuff outside of employment, but you can
also name for a formal employee who's
done really exceptional things
to to weigh in. I I kind of like that
third one. And the reason I do is
because I don't think we should be
hamstring a future council to say you
can never name something after a foreign
employee because I can envision say an
exceptional city manager.
And
>> for the record, I will go on record
right now saying please do not ever name
something after me. He need
>> I wasn't talking about you, Jesse.
Seriously,
>> I wasn't talking.
>> I'm just saying that in I, you know, you
never know what comes down the road. 5,
10, 20 years down the road.
>> Nicholas says, "City manager. You can
name something after him."
>> You know, to to to say that a city
council can never name after a former
employee feels to me like it's just too
constrained.
>> So, Andrew, the do nothing step
>> just leaves us silent on this
>> and
It might happen in the future, it might
not, but we're not giving direct
guidance. Um,
I would probably lean towards that
because I have no idea in the future
what
city government employees are going to
be doing, what precedents are set, etc.
And there may be a circumstance that I
just totally can't imagine tonight where
it made total sense to name something
after somebody who was an employee who
did something that
>> Yeah. But so what about number two? I I
guess my perspective would be to provide
some guidance because there's been a lot
of discussion around this and to leave
it completely open or like in my mind
there's a middle ground there like
provide some framework some rubric um
but not be really prescriptive and and
prohibitive is is kind of where I would
come out. I guess
>> I agree with that. Um because I think it
it's been a little bit divisive. Um, so
I think it's better that we have some
position on it and we be, you know, we
allow for some flexibility in the future
and it, you know, naming you could name
a chair after someone, you know, like
are we going to set a policy that
doesn't allow you to name
>> the chair naming policy it says in here
that that's separate from this.
>> Okay. Well, the point stands that anyway
I I agree with Andrew. I think I think
we can, you know, I'm fine with that.
Anyway,
>> I don't want So, there's a lot of
verbiage here, okay, for two and three.
I just want to say nothing can be named
in the city for an employee who's still
an employee of the city. That's all I
want because that's what happened last
time and I don't want a repeat of that.
That's all I mean, if years later, like
let's say years later, you know, an
employee, they retire and they they did
a lot of great things for the city and
we want to honor them, we should be able
to honor them. Yeah. Right. And I don't
have a problem with that, but not while
they're still employed by the city.
That's all I care about. And I don't
need the, you know, the criteria about
what they did or whe they did beyond
outside the, you know, their normal job.
It's just because that would be the
judgment of the council at a future
date, right? And and they're going to
take that into account, of course, if
somebody's proposing that name.
>> That's why I was leaving it without
naming. I mean, if if some employee
someday in the future does something
that's so heroic that they save a whole
school of children or some other thing
happens and it's like they're still
working for us, but we need to rec
recognize them.
So, I'm okay with just saying foreign
employee. I guess the reason why that
some of these other words are there is
because you may have a current employee
who's doing great stuff in the city
having nothing to do with the
employment. Yeah. And you may want to
name something for them for that. So
that that's why there's some additional
words here because it's a little
nuanced.
>> True. True. But I still don't but I
don't want them named while they're
employee of the city. That just
>> even if they're doing great stuff,
>> it doesn't know they can't
>> even if they give a million dollars to
name something.
>> That's great. They can give a million
dollars, but they're going to have to
>> really do a million dollars, they're
probably going to want to retire.
>> I I don't agree with that. I I think if
they're a constituent, a citizen, but
they have to be employed, they're doing
great stuff as a constituent, they
deserve
>> Yeah. There's there's a situation in
Washington where somebody's employed and
they're naming stuff after that that
employee
>> over and over and over again. And that's
the kind of thing I want to avoid if
possible, even though that's here.
>> Well, that's that would be the balance,
right? That or check is that you can't
be an employee and be named for
something. This is why I suggesting the
do nothing because I think leaving it
unspoken
leaves openness. It It doesn't address
Tim's issue. But it also Anyway,
I'm not sure that that we're not just
opening a can of worms by trying to
wordsmith something that we can't even
imagine in the future.
>> Just a simple statement that you can't
name something in the city after a
current employee. That's all you have to
say.
I don't know that I agree with that
because there may be a point in time
when
an employee does something that's so
exceptional that they are worth being
named
>> and then there could be a time afterward
that then you name them
>> and there are other ways of recognizing
people besides naming things after them.
Yeah.
>> So I mean in other words I agree with
that. You know, I I don't feel strongly
about the point that you're making, Tim,
but I I think um I I think I could go
with that because there are other ways
of recognizing people while they're
still employed without making an
indelible plaque that Well, no plaque is
truly indelible, but anyway, you see
where I'm going. Um
>> make a motion.
>> Yeah.
>> Well, I would make a motion that we
adopt uh
number two. I second that.
>> Um, and we add the language.
>> Do you want a friendly amendment that
adds Tim's language?
>> Well, it says it can't has to be a full
employee.
>> Naming a public asset after city
employees except naming shall be
permissible for any employee in respect
to contributions to the city made wholly
apart from the person.
>> This is an employee or former employer.
If you mean it's like it's double
negative and I just can't understand it.
So it's like if it's just simplify KS it
right just
>> but it's your motion. Go ahead.
>> I move that we include include the
language to say that um
only only if they're former employees
that you know let's see how how would we
say
>> you can you can propose an option four.
I think what Beth is motioning is to
insert the language number two on the
cover sheet in what that says in section
five alternative one. Is that what
you're recommending?
>> Number two. Yes. Yes.
>> And I second worded.
>> Wait, are you sorry? I'm I'm sorry. I I
screwed up this this section. Are you
Are you saying the second bullet point?
Did the one do nothing to section
alternative one or you saying
alternative two? I named
>> alternative one. I'm sorry. Yes. I I'm
sorry that was confusing.
>> Naming public assets after city
employees
>> except naming shall
>> who are no longer employed by the city,
except naming shall be permissible for
any employee, etc., etc. Does that does
that cover it, Tim?
>> I I mean I'm I'm I'm sympathetic with
the viewpoint. I don't feel that
strongly about it. Um just trying to get
it across the finish line.
Yeah. Do you do you have any more
comments, Andrew?
>> So, that's your motion now.
>> That's my motion.
>> I second that.
>> Okay.
>> So, we got a motion in a second. Any
other discussion? All those in favor say
I.
>> I. I.
>> I. Unanimous. All right.
>> Okay. Hold on. I
>> Yeah. Really? What?
>> I'm not convinced I've gotten this
right. And I do not want to bring it
back to you
>> where it says an employee, right?
>> No. viol getting rid of the vile
employee.
>> Can I can I read it to you and see if I
>> Sure.
>> So in section five that's titled
exclusions from the asset naming policy
or andor criteria. New bullet naming
public assets after city employees. So
this is an exclusion. You're excluded
from naming public assets after city
employees, who are no longer
who are employed by the city. Is that
what you're trying to say?
>> Yes. who are currently
>> who are currently
employed.
>> Why don't you just add the word former?
We would just make it just have to add
one more word to this thing.
>> So it it
>> can turn.
>> If it just says naming public employees
except naming public any former employee
blah blah blah
>> and former employees who if it just add
the word former I think it it takes care
of it. Yeah,
>> but you're excluding. So these this
bullet is who you're excluding. So
you're excluding former employees.
>> No, no, no.
Just add the word former to the motion
and that takes care of it.
>> So that makes it a double negative
because these are things that are
excluded.
>> That's what I'm saying.
Can you can you read me what you want to
have it say?
>> Yeah. The the addition in section five
should be naming public assets after
city employees which means that's
prohibited except naming shall be
permissible for any former employee in
respect of contributions to the city
made wholly part and any former employee
who while employee providing sexual
service and that that that will do it.
So we just have to add one word
>> well it's already in second place.
>> It's already in second place. Yeah. Got
it.
Really hope I've got it.
>> Do you want to modify the motion at all?
>> Oh, wait, wait. Hold on. I asked him to
go get it off the printer.
>> Oh,
>> if you're done.
>> Yeah,
>> I think we're done.
>> Yeah, we're done. Okay. Okay.
>> Do we need to rem remake that motion?
Okay. I think we're good.
>> We're good enough.
>> I think we've That's okay. We're good.
All right.
>> All right.
>> Thank you for your patience.
>> Thanks.
>> Item 13, review the significant agenda
topics below for the council's September
8th meeting. Well, we know two things
that are going to happen on September
8th.
>> Yes. So, in addition to your um two
public hearings um right now on the
September 8th agenda, which by the way
is the Tuesday after Labor Day um is
review development review board or
interview development review board
candidates.
>> How many do you have?
>> I can check. I don't know that off the
top of my head. I can check before we
leave tonight.
>> Sorry, I have at least one.
>> I don't know that off the top of my
head. I can check before we leave
tonight. Uh receive an update on the
building and thermal implementation plan
of the climate action plan and consider
what actions you want to take in
parallel. This was following up on your
discussion from the policies and
strategies retreat. Um hear a
presentation from the Champlain Valley
Office of Economic Opportunity um around
their interest in potentially opening a
shelter. Um discuss and possibly approve
the FY28 budget schedule and then
discuss and possibly approve um a
process to develop a 2027 legislative
agenda. This is also on the policies and
strategies. So Nicholas and I have been
doing some thinking about how the
council could have that conversation by
yourselves and then potentially with the
delegation to get to um that agenda
additionally with what you've talked
about before. So just the process, not
necessarily start the conversation.
>> Sounds great.
>> That's what I've got.
>> I'm sorry I will not be here for that
meeting as I mentioned. Sorry, Tim.
>> Nor will I
>> Oh, two of us are going to be missing.
Huh? I'm sorry. I'm going to miss all
these items. Um, especially the thermal
implementation plan.
>> You two won't be here.
>> We will both
definitely not be here.
>> If I'm here, something went horribly
wrong.
>> We're going to That table's going to be
way out in the hallway. No,
>> we won't have a job when we get back.
>> Are there are there things you want to
consider moving around or
>> No, I don't want to hold anything up.
Um, I can I can we can watch the
meeting. Watch the meeting after the
fact.
>> Good. Thank you. So, uh, we're now we're
on to
>> looking forward to hearing the, uh, CBOE
presentation.
>> Yeah.
>> Yeah. Looking forward to both, actually.
>> Other business. You have any other
business at all?
>> Other business?
>> No. Okay. No other business. Can have a
motion to adjurnn. So moved. Second. All
>> those in favor say I. I. We're thank you
very much everybody tonight.