City Council - Charter Change Committee

Wednesday, October 30, 2024, 5:30 PM, 645 Pine Front Conference Room OR REMOTELY via ZOOM When: Oct 30, 2024 05:30 PM Eastern Time (US and Canada) Topic: Charter Change Meeting Please click the link below to join the webinar: https://zoom.us/j/91830174722?pwd=uWMfNPhP2t8mibo8Kxk1AaWFypBib9.1 Passcode: 392622 Or One tap mobile : +16469313860,,91830174722#,,,,*392622# US +19292056099,,91830174722#,,,,*392622# US (New York) Or Telephone: Dial(for higher quality, dial a number based on your current location): +1 646 931 3860 US +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 305 224 1968 US +1 309 205 3325 US +1 312 626 6799 US (Chicago) +1 253 205 0468 US +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 360 209 5623 US +1 386 347 5053 US +1 507 473 4847 US +1 564 217 2000 US +1 669 444 9171 US +1 669 900 6833 US (San Jose) +1 689 278 1000 US +1 719 359 4580 US Webinar ID: 918 3017 4722 Passcode: 392622 International numbers available: https://zoom.us/u/abfnSsZI9k 1. Agenda 1.1. Motion to amend/adopt agenda 2. Adopt Draft Minutes Subject 2.1. Adopt Draft Minutes from October 1 Meeting October 30, 2024 - Charter Change Committee Meeting - Wednesday, October 30, 2024, 5:30 PM, 645 Pine Front Conference Room OR REMOTELY via ZOOM Category 2. Adopt Draft Minutes Department Council and Board Page 1 of 13  Type Recommended Action 3. Public Forum Subject 3.1. Verbal Comments Meeting October 30, 2024 - Charter Change Committee Meeting - Wednesday, October 30, 2024, 5:30 PM, 645 Pine Front Conference Room OR REMOTELY via ZOOM Category 3. Public Forum Department Council and Board Type 4. Voter Approval of Local Redistricting Subject 4.1. Voter Approval of Local Redistricting Meeting October 30, 2024 - Charter Change Committee Meeting - Wednesday, October 30, 2024, 5:30 PM, 645 Pine Front Conference Room OR REMOTELY via ZOOM Category 4. Voter Approval of Local Redistricting Department Council and Board Type Recommended Action 5. Residential Rental Notice Requirements Subject 5.1. Residential Rental Notice Requirements Meeting October 30, 2024 - Charter Change Committee Meeting - Wednesday, October 30, 2024, 5:30 PM, 645 Pine Front Conference Room OR REMOTELY via ZOOM Category 5. Residential Rental Notice Requirements Department Council and Board Type Recommended Action 6. Councilor Compensation Subject 6.1. Councilor Compensation Meeting October 30, 2024 - Charter Change Committee Meeting - Wednesday, October 30, 2024, 5:30 PM, 645 Pine Front Conference Room OR REMOTELY via ZOOM Category 6. Councilor Compensation Department Council and Board Type Recommended Action Page 2 of 13 7. Any Other Committee Business Subject 7.1. Any Other Committee Business Meeting October 30, 2024 - Charter Change Committee Meeting - Wednesday, October 30, 2024, 5:30 PM, 645 Pine Front Conference Room OR REMOTELY via ZOOM Category 7. Any Other Committee Business Department Council and Board Type Recommended Action 8. Adjournment Subject 8.1. Motion to adjourn Meeting October 30, 2024 - Charter Change Committee Meeting - Wednesday, October 30, 2024, 5:30 PM, 645 Pine Front Conference Room OR REMOTELY via ZOOM Category 8. Adjournment Department Council and Board Type Recommended Action Page 3 of 13  Charter Change Committee Tuesday, October 1, 2024 Queen City Room in City Hall and Remote DRAFT MINUTES Members Present: Councilor Bergman (Chair), Councilor Carpenter, Councilor Doherty Staff Present: Jessica Brown (City Attorney) Public Present: Evan Litwin (City Councilor), Melo Grant (City Councilor) Meeting called to order at 5:39 PM. 1. Agenda 1.01 Motion to amend/adopt agenda Motion to Adopt Agenda as is. Motion by Councilor Doherty, Seconded by Councilor Carpenter Final Resolution: Motion Passes Yes: Unanimous 2. Adopt Draft Minutes from 8/14 2.01 Adopt Draft Minutes from 8/14 Motion to Adopt Draft Minutes from August 14. Motion by Councilor Doherty, Seconded by Councilor Carpenter Final Resolution: Motion Passes Yes: Unanimous 3. Public Forum No members of the public wanted to speak for this item. 4. Voter Approval of Local Redistricting Councilor Carpenter stated that the effort to change the redistricting process to require only a local vote by residents was started while City Attorney Dan Richardson was with the City, but it was not put on the ballot at that time because the City was in the midst of redistricting and it would have been confusing. Councilor Bergman said he would like to bring the current version back to the City Council for just for information to make the change public as soon as possible and then discuss the time schedule after that. Motion to refer the current draft charter change language about local redistricting back to the City Council for discussion. Page 1 of 2 Page 4 of 13 Motion by Councilor Carpenter, Seconded by Councilor Doherty. Final Resolution: Motion Passes Yes: Unanimous Motion to send the current draft charter change to the City’s NPAs with a communication stating that the Committee wants to get the language on the March ballot. Motion by Councilor Carpenter, Seconded by Councilor Doherty. Final Resolution: Motion Passes Yes: Unanimous 5. Residential Rental Notice Requirements Evan Litwin shared his draft language for this charter change. The draft is available on the agenda packet. Councilor Carpenter said that this change may not provide a huge additional protection because savvy landlords will put such increases in the lease itself. Councilor Bergman said the Committee should work closely with CDNR in moving this language forward. Evan Litwin (City Counselor) said he would finalize the language with CDNR before sending the language to the full Council for their awareness and input. Councilor Bergman said the Charter Change Committee does not have any further work to do on this until it has gone through CDNR and potentially been referred to the Committee. 6. Any Other Committee Business The next meeting is set for October 30th at 5:30, location pending. 7. Adjournment 8.01 Adjournment Motion to adjourn. Motion by Councilor Bergman, without objection. The meeting was adjourned at 6:34 PM. Page 2 of 2 Page 5 of 13  Resolution Relating to RESOLUTION________ Sponsor(s): Introduced: ____________________ MARCH 4, 2025 ANNUAL CITY MEETING Referred to: ____________________ PROPOSED CHARTER CHANGE REGARDING ______________________________ REDISTRICTING BY CITY COUNCIL Action: ________________________ Date: __________________________ Signed by Mayor: ________________ CITY OF BURLINGTON In the year Two Thousand Twenty-Four……………………………………………………………………… Resolved by the City Council of the City of Burlington, as follows: 1 That WHEREAS, the City of Burlington’s charter currently describes City Districts and Wards in 2 explicit enumerated and geographical terms in Article 2 (City Election Areas Defined), Section 2 (Election 3 Boundaries); 4 WHEREAS, as the charter is currently written, to alter the number or geography of City Districts and 5 Wards a charter change must be enacted, a process consisting, among other procedural steps, of the review, 6 possible further amendment, and confirmation by the Vermont State Legislature; 7 WHEREAS, this process involving by the Vermont State Legislature has the practical effect of slowing 8 the City’s redistricting process at the local level; 9 WHEREAS, it is the goal of the City to accelerate any redistricting processes, while maintaining fair, 10 equitable, and reasonable processes for redistricting; 11 WHEREAS, the City aims to achieve this goal by removing the descriptions of the number and 12 geography of City Districts and Wards in Article 2 (City Election Areas Defined), Section 2 (Election 13 Boundaries) and replacing this with a procedure equipping the City to unilaterally preform redistricting without 14 needing further charter changes and involvement by the Vermont State Legislature; 15 WHEREAS, the charters of other Vermont municipalities, including Montpelier, are written as to not 16 require a charter change to effectuate an alteration to the number or geography of city districts and wards; 17 WHEREAS, the Charter Change Committee held meetings on ______________ received public 18 comment, considered the referred proposed charter language, and amended this language; and 19 WHEREAS, on ________, the Committee voted to refer the charter change language back to the Council 20 to be placed on the March 4, 2025 ballot; 21 NOW, THEREFORE, BE IT RESOLVED that the City Council approves the amendments to the city 22 charter recommended by the Charter Change Committee and requests the Mayor to place the following question 23 on the ballot of the Annual City Meeting to be held on March 4, 2025 and the City Clerk to set public hearings 24 on this question in accordance with Charter §303 and 17 V.S.A. §2645: 25 Page 6 of 13  Page 2 Resolution Relating to MARCH 4, 2025 ANNUAL CITY MEETING PROPOSED CHARTER CHANGE REGARDING REDISTRICTING BY CITY COUNCIL 26 “Shall the Charter of the City of Burlington, Acts of 1949, No. 298 as amended be further amended to 27 amend Section 2 to Article 2 as follows: 28 29 ARTICLE 2. CITY ELECTION AREAS DEFINED 30 §2. Election boundaries. 31 (a) City Districts Described. For the annual meeting of 2015 and all City elections thereafter, the City of 32 Burlington is divided into four electoral districts, constituted as follows: 33 (1) East District. The East District shall include all that part of said City lying easterly and 34 northerly of the following described boundaries: Beginning at the common boundary between the 35 Cities of Burlington and Winooski in the Winooski River beneath the Central Vermont Railway 36 bridge downstream of the Lower Winooski Falls and Salmon Hole; thence westerly in the 37 centerline of said railroad tracks, crossing Intervale Road, to a point where the centerline of Hyde 38 Street extended northeasterly intersects said railroad track centerline (approximately -73.2045 39 longitude, 44.4912 latitude); thence southerly along the extension of the centerline of Hyde Street, 40 continuing on the centerline of Hyde Street to the intersection of the centerline of North Willard 41 Street; thence southerly along the centerline of North Willard Street to the intersection of the 42 centerline of Pearl Street; thence westerly along the centerline of Pearl Street to the intersection of 43 the centerline of South Winooski Avenue; thence southerly along the centerline of South Winooski 44 Avenue to the intersection of the centerline of Main Street; thence easterly along the centerline of 45 Main Street to the intersection of the western property line of 525 Main Street extended, containing 46 the Main Street Water Reservoir (approximately -73.1992 longitude, 44.4763 latitude); thence 47 southerly along the western property boundary of 525 Main Street to its southwestern corner 48 approximately -73.1991 longitude, 44.4746 latitude); thence easterly along the southern property 49 boundary of 525 Main Street to its southeastern corner (approximately -73.1984 longitude, 44.4746 50 latitude); thence southwesterly along the western property boundaries of 49, 55, and 59 University 51 Terrace to the southwestern corner of 59 University Terrace (approximately -73.1987 longitude, 52 44.4742 latitude); thence southeasterly along the southern property boundaries of 59 University 53 Terrace and 60 University Terrace, extended to the centerline of University Heights Road 54 (approximately -73.1964 longitude, 44.4732 latitude); thence southerly along the centerline of 55 University Heights Road 1,314 feet to its intersection with the extended centerline of the walkway 56 serving the University of Vermont Southwick Hall and the Music Building from the Redstone 57 Campus loop road (approximately -73.1968 longitude, 44.4698 latitude); thence westerly along the 58 extended walkway and walkway centerline, with the Music Building to the north and Southwick 59 Hall to the south, 367 feet to its intersection with the centerline of the Redstone Campus loop road 60 (approximately -73.1982 longitude, 44.4698 latitude); thence northerly and then westerly along the 61 centerline of the Redstone Campus loop road to its intersection with the centerline of South 62 Prospect Street; thence southerly along the centerline of South Prospect Street to its intersection 63 with the centerline of the Davis Road; thence northeasterly along the centerline of Davis Road to 64 its intersection with University Heights Road, continuing easterly along the centerline of Davis 65 Road to its intersection with the common boundary between the Cities of Burlington and South 66 Burlington. Page 7 of 13  Page 3 Resolution Relating to MARCH 4, 2025 ANNUAL CITY MEETING PROPOSED CHARTER CHANGE REGARDING REDISTRICTING BY CITY COUNCIL 67 (2) Central District. The Central District shall include all that part of the City bounded as 68 follows: On the east, beginning at the common boundary between the City of Burlington and Town 69 of Colchester in the Winooski River at the intersection of the centerline of Institute Road extended 70 northeasterly (approximately -73.2139 longitude, 44.5077 latitude); thence southerly along the 71 common boundary between the City of Burlington and Town of Colchester in the Winooski River 72 to a point beneath the Central Vermont Railway bridge downstream of the Lower Winooski Falls 73 and Salmon Hole; thence southerly along the East District western boundary to its intersection with 74 the centerline of Main Street; continuing southerly along the centerline of South Winooski Avenue 75 to its intersection with the centerline of King Street; on the south along the centerline of King 76 Street extended westerly to Lake Champlain; on the west by Lake Champlain; on the north, 77 beginning at the intersection of the common property boundary between 87 North Avenue and 9 78 Lakeview Terrace extended westerly to Lake Champlain (approximately -73.2252 longitude, 79 44.4832 latitude); thence northeasterly along the extended property boundary between 87 North 80 Avenue and 9 Lakeview Terrace to its intersection with the centerline of the Central Vermont 81 Railway railroad track (approximately -73.2239 longitude, 44.4837 latitude); thence northerly and 82 easterly along the centerline of the Central Vermont Railway railroad track, crossing North Avenue 83 and the Burlington Beltline, to its intersection with the centerline of Spring Street extended 84 northwesterly (approximately -73.2183 longitude, 44.4912 latitude); thence northwesterly along 85 the extension of the centerline of Spring Street to its intersection with the centerline of Institute 86 Road extended northeasterly (approximately -73.2281 longitude, 44.4995 latitude); thence 87 northeasterly along the extension of the centerline of Institute Road extended to its intersection 88 with the common boundary between the City of Burlington and Town of Colchester in the 89 Winooski River (approximately -73.2139 longitude, 44.5077 latitude). 90 (3) South District. The South District shall include all that part of the City south of the southern 91 boundaries of the East and Central Districts. 92 (4) North District. The North District shall include all that part of the City north of the northern 93 boundary of the Central District. 94 (b) Wards Described. Each of the City of Burlington’s four electoral districts set forth in subsection (a) of 95 this section hereby comprises two wards, each of which is constituted as follows: 96 (1) East District - Ward 1 and Ward 8. 97 (A) The East District is divided into two wards by the following boundary: Beginning at the 98 center of the intersection of Pearl Street and South Willard Street; thence southerly along the 99 centerline of South Willard Street to the intersection of the centerline of College Street; thence 100 easterly along the centerline of College Street extended to the intersection of the centerline of 101 University Place; thence southerly along the centerline of University Place to the intersection of 102 the centerline of Main Street; thence easterly along the centerline of Main Street to the common 103 boundary between the Cities of Burlington and South Burlington. 104 (B) Ward 1 lies to the north and east of the boundary described in subdivision (A) of this 105 subdivision (1), and Ward 8 lies to the south and west. 106 (2) Central District - Ward 2 and Ward 3. Page 8 of 13  Page 4 Resolution Relating to MARCH 4, 2025 ANNUAL CITY MEETING PROPOSED CHARTER CHANGE REGARDING REDISTRICTING BY CITY COUNCIL 107 (A) The Central District is divided into two wards by the following boundary: Beginning at the 108 centerline of the Central Vermont Railway railroad track at the intersection of the centerline of 109 Spring Street extended northwesterly (approximately -73.2183 longitude, 44.4912 latitude); thence 110 southerly along the centerline of Spring Street extended northwesterly, continuing along the 111 centerline of Spring Street to its intersection with the centerline of Elmwood Avenue; thence 112 southerly along the centerline of Elmwood Avenue to its intersection with the centerline of Pearl 113 Street; thence easterly along the centerline of Pearl Street to the intersection of the centerlines of 114 North and South Winooski Avenue. 115 (B) Ward 2 lies to the east of the boundary described in subdivision (A) of this subdivision (2), 116 and Ward 3 lies to the west. 117 (3) South District - Ward 5 and Ward 6. 118 (A) The South District is divided into two wards by the following boundary: Beginning at the 119 intersection of the centerlines of King Street and Saint Paul Street; thence southerly along the 120 centerline of Saint Paul Street to its intersection with the centerline of Shelburne Street; thence 121 southerly along the centerline of Shelburne Street to its intersection with the centerline of Flynn 122 Avenue; thence easterly along the centerline of Flynn Avenue extended easterly to the common 123 boundary between the Cities of Burlington and South Burlington. 124 (B) Ward 5 lies to the west of the boundary described in subdivision (A) of this subdivision (3), 125 and Ward 6 lies to the east. 126 (4) North District - Ward 4 and Ward 7. 127 (A) The North District is divided into two wards by the following boundary: Beginning at the 128 intersection of the centerlines of North Avenue and the Central Vermont Railway railroad track; 129 thence northerly along the centerline of North Avenue to its intersection with the centerline of 130 Fairfield Drive; thence westerly along the centerline of Fairfield Drive to its intersection with the 131 western property boundary of 39 Westward Drive extended southerly; thence northerly along the 132 western property boundaries of 39 and 40 Westward Drive, continuing northerly along the western 133 property boundaries of properties fronting the west side of Hardy Avenue to the southern boundary 134 of 35 Derway Drive; thence westerly along the southern boundary of 35 Derway Drive, extended 135 to its intersection with the centerline of Derway Drive (approximately -73.2690 longitude, 44.5249 136 latitude); thence northeasterly along the centerline of Derway Drive to its intersection with the 137 centerline of Claire Pointe Drive; thence northerly along the centerline of Claire Pointe Drive 138 approximately 44 feet to its intersection with the southern property boundary of the Claire Pointe 139 condominium development; thence westerly along the southern property boundary of the Claire 140 Pointe condominium development to the Waterfront Bike Path right-of-way approximately 537 141 feet (approximately -73.2707 longitude, 44.5253 latitude), and then extended to Lake Champlain. 142 (B) Ward 4 lies to the west of the boundary described in subdivision (A) of this subdivision (4), 143 and Ward 7 lies to the east. 144 (5) Ward map reference. Reference is also made to a map entitled "Ward Redistricting, 8 Wards - 4 145 Districts, 12 Councilors, Referred to City Council by CC Committee (v.3), Map Date: December 2, Page 9 of 13  Page 5 Resolution Relating to MARCH 4, 2025 ANNUAL CITY MEETING PROPOSED CHARTER CHANGE REGARDING REDISTRICTING BY CITY COUNCIL 146 2013" located in the Burlington Chief Administrative Officer’s office in further aid of the description of 147 the wards set forth in this subsection. 148 There shall be election areas for the City, which shall be defined and filed with the City Clerk. The City Council 149 may make changes from time to time to the boundaries of the election areas in order to provide an equal division 150 of population among them in accordance with data produced by the U.S. Census Bureau. Election areas changes 151 shall not be made more frequently than once in five years. Such changes shall be approved by the voters at an 152 annual or special meeting of the City and shall become effective immediately upon approval unless a later date 153 is established therein. 154 155 * Material underlined added. 156 ** Material stricken out deleted. 157 158 KS/Resolutions 2024/March 4, 2025, Annual City Meeting Proposed Charter Change Regarding Redistricting by City Council 159 160 September 30, 2024 Page 10 of 13  Resolution Relating to RESOLUTION________ Sponsor(s): Introduced: CDNR, Charter Change MARCH 4, 2025 ANNUAL CITY MEETING – CHARTER Referred to: ____________________ CHANGE RE: CITY COUNCIL AUTHORITY TO ______________________________ REGULATE RENTAL NOTIFICATIONS AND Action: ________________________ NOTIFICATION PERIODS Date: __________________________ Signed by Mayor: ________________ CITY OF BURLINGTON In the year Two Thousand Twenty-Four……………………………………………………………………… Resolved by the City Council of the City of Burlington, as follows: 1 That WHEREAS, the City has a significant population of renters, and ensuring fair, transparent, and 2 equitable housing practices is essential to promoting stability and wellbeing within the community; and 3 WHEREAS, the City Charter prescribes limited authority for the City Council to regulate rental 4 notifications and notification periods to increase rent or to terminate a tenancy; and 5 WHEREAS, specifically, Section 48(64)(A) requires landlords to provide 90 days’ notice to terminate 6 a tenancy without cause if the tenancy has been less than two years and 120 days if the tenancy has been 7 longer, Section 48(64)(B) requires tenants to provide two rental periods’ notice to terminate a tenancy unless 8 inconsistent with a lease provision, and Section 48(65) requires 90 days’ notice of a rental increase; and 9 WHEREAS, these notice periods are in addition or in excess of those required by general state law, 10 including 9 V.S.A. §§ 4456(d) and 4467(c), and facilitate the City in addressing the unique needs of its rental 11 market; and 12 WHEREAS, the notice periods prescribed by the City Charter are inadequate to allow the City to 13 respond to specific and changing rental housing market conditions; and 14 WHEREAS, granting the City greater flexibility to enact rental notice regulations will allow the City 15 Council to enhance tenant stability, to foster more transparent landlord-tenant relations, and to mitigate 16 negative impacts from sudden evictions or lease terminations, particularly for vulnerable populations; and 17 WHEREAS, at its October 24, 2024 meeting, the Community Development and Neighborhood 18 Revitalization Committee (“CDNR”) of the City Council referred a motion to the City Council proposing a 19 Charter Change amendment that would grant the City Council greater control to regulate rental notifications 20 and notification periods; and 21 WHEREAS, on [date] the City Council referred CDNR’s recommendation to the Charter Change 22 Committee; and 23 WHEREAS, the Charter Change Committee considered CDNR’s proposal at its meeting(s) on [date/s], 24 and referred the proposal back to the City Council with a positive recommendation; and Page 11 of 13  Page 2 Resolution Relating to MARCH 4, 2025 ANNUAL CITY MEETING – CHARTER CHANGE RE: CITY COUNCIL AUTHORITY TO REGULATE RENTAL NOTIFICATIONS AND NOTIFICATION PERIODS 25 NOW, THEREFORE, BE IT RESOLVED that the City Council approves the amendments to the City 26 Charter recommended by CDNR and the Charter Change Committee and requests that the Mayor warn the 27 following question and place it on the ballot for the Annual City Meeting to be held on March 4, 2025, and 28 that the City Clerk set public hearings on this question in accordance with Section 303 of the City Charter and 29 17 V.S.A. § 2645: 30 31 “Shall the Charter of the City of Burlington, Acts of 1948, No. 298, as amended, be further amended as 32 follows?: 33 § 48. Enumerated: 34 The City Council shall have power: 35 (1) to (63), as written. 36 (64) (A) Where there is no written rental agreement and notwithstanding 9 V.S.A. § 4467(c), to 37 prohibit, by ordinance, a landlord from terminating a tenancy of rental housing within the City for no cause 38 unless the landlord provides to the tenant written notice of at least 90 days when the tenancy has been less than 39 two years and of at least 120 days when the tenancy has been two years or more. Notwithstanding 9 V.S.A. 40 § 4467 or any other law, to establish, by ordinance, requirements that residential landlords provide tenants 41 notice prior to termination of residential tenancies, including requirements for the contents and timing of such 42 notices. Such requirements may include special notice requirements for vulnerable populations, including 43 elderly tenants, tenants with disabilities, and low-income tenants. 44 (B) Unless inconsistent with a written rental agreement or otherwise provided by law, and 45 notwithstanding the provisions of 9 V.S.A. § 4456(d), to require, by ordinance, tenants who wish to terminate 46 a residential tenancy to give actual notice to the landlord at least two rental periods prior to the termination 47 date specified in the notice. Notwithstanding 9 V.S.A. § 4456(d) or any other law, to establish, by ordinance, 48 requirements that residential tenants provide landlords notice prior to termination of tenancies, including 49 requirements for the contents and timing of such notices. 50 (65) Notwithstanding any other law, tTo prohibit increases in rent or other changes in lease terms for 51 rental housing within the City without advance written notice. The timing, contents, and manner of giving 52 such notice shall be established by ordinance of at least 90 days. Such ordinance may include special notice 53 requirements for vulnerable populations, including elderly tenants, tenants with disabilities, and low-income 54 tenants. 55 Page 12 of 13  Page 3 Resolution Relating to MARCH 4, 2025 ANNUAL CITY MEETING – CHARTER CHANGE RE: CITY COUNCIL AUTHORITY TO REGULATE RENTAL NOTIFICATIONS AND NOTIFICATION PERIODS 56 *Material underlined added. 57 ** Material stricken deleted. 58 59 60 er/ Resolutions 2024/Charger Change re Rental Notifications 61 Date Page 13 of 13