FOR IMMEDIATE RELEASE
September 21, 2020
Contact: Olivia LaVecchia
                (802) 734-0617

Statement from Mayor Miro Weinberger on the City Reaching a Separation Agreement with Sergeant Jason Bellavance

Burlington, VT – Tonight, the City Council voted 11-1 to approve a separation agreement with Burlington Police Department Sergeant Jason Bellavance. The full text of the resolution and details about the agreement are available online. In response, Mayor Miro Weinberger shared the following statement at the Council meeting:

“For approximately a year and a half, there has been significant community discomfort with the actions of three police officers, each of whom was involved in a separate use of force incident in the fall of 2018 or early 2019. In the wake of the killing of George Floyd in Minneapolis and a national reckoning with police violence and systemic racism, many more members of the community, including the protesters at Battery Park, have expressed concerns with those officers continuing to serve, and the City has been exploring the legal and moral implications of a range of actions.

“Tonight, the City Council is taking action on a proposal that the Administration brought forward and negotiated, which is intended to bring some measure of resolution and finality to the controversies surrounding these three officers. The resolution authorizes me to enter into a separation agreement with Sergeant Jason Bellavance, setting forth that he has agreed to resign in return for the equivalent of approximately three years’ compensation.

“Further, tonight, I am announcing my final decision not to support separation agreements with Officers Joe Corrow and Cory Campbell. Although the three officers have been grouped together in public discussions, the three use of force incidents are distinct, and the City Council and I must consider each individually.

Actions of Sergeant Bellavance

“In this moment of unprecedented community discord that is intertwined with an overdue national reckoning on racial justice and policing, I support a separation agreement in the case of Sgt. Bellavance because both his actions and position within the department were significantly different than those of the other two officers.

“Although the Police Department’s internal investigation found that Sgt. Bellavance did not use excessive or unlawful force, it did find that the force used was not necessary given the circumstances. The investigation concluded that, consistent with his training, there were a number of de-escalation techniques that Sgt. Bellavance could have used, but did not attempt, before using physical force. These findings are different from what occurred in the other two cases, where Officers Corrow and Campbell were not found to have violated departmental use of force training and policy that were in place at the time.

“An aggravating factor for Sgt. Bellavance is that, as the sergeant in charge on the night of September 9, 2018, he was in a leadership position where the officers under his command were looking to him to model what was expected of them. We must apply a higher standard to our leaders, and we must look to our leadership to establish a culture in the Police Department that is in line with Burlington’s values.

“Finally, in my discussions with Burlingtonians over the past years, I have listened carefully and heard clearly the many who have expressed that, of the three incidents that led to this moment of community anger and discord, they find Sgt. Bellavance’s actions the most troubling.

Actions of Officers Corrow and Campbell

“At the same time, I do not support pursuing voluntary separation agreements with Officers Corrow and Campbell. Their uses of force were found to be consistent with the policy and training that were in place at the time. To pursue separation agreements under these circumstances would set an unmanageable precedent that would challenge the department for years to come by suggesting that future employment decisions will be decided not by fair, deliberative processes that are clear to employees at the time, but rather that those decisions will be subject to retroactive reopening by the passions of public opinion.

“Further, Officers Corrow and Campbell had been with the BPD for only a few years at the time of the incidents and deserve a chance to show the public that they can serve the community in a manner consistent with Burlington values.

Moving Forward to Achieve Systemic Change

“I encourage Burlingtonians to consider that the most effective way to address today’s challenges is by moving forward with action steps designed to address systemic racism. Such steps include police training, governance, discipline, body camera footage policies, and more. We must advance changes that are responsive to concerns that have been raised in our community and that improve accountability and transparency, while providing a foundation for moving forward.

“I am committed to that significant systemic change. The Administration – in partnership with the City Council and Police Commission – already has embarked over the last 18 months on numerous, substantive efforts to improve these systems and policies.

“Later this week, I will announce additional steps to accelerate the reform processes underway and ensure that they lead to meaningful change. I hope the public will see tonight’s action by the City as a sign of our seriousness and commitment to complete that work.

“Even as the City is limited in our ability to change what has happened in the past, I urge the Burlington community to join me in completing the hard work of systemic change so that our policing fully aligns with the values of our community going forward. Through my conversations with protestors, other Burlingtonians, and the police, I remain confident that we have much opportunity for common ground when we are looking to the future of policing in this community.

“Now, there is great consensus that we must work together to overcome our country’s racist past and ensure that Black and brown Burlingtonians feel fully safe and supported in this community by the police and the City. I look forward to working alongside Burlingtonians to realize the great promise and potential of this moment.”

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Press Release Date: 
09/21/2020
City Department: 
Mayor's Office

FOR IMMEDIATE RELEASE
September 10, 2020
Contact: Olivia LaVecchia
(802) 734-0617

City of Burlington Files Suit Against Developer of CityPlace Burlington

Action Follows the Developer Moving to Terminate Development Agreement and Initiating Legal Dispute
 

Burlington, VT – On Tuesday, September 8, the City of Burlington filed suit in Vermont Superior Court against BTC Mall Associates, LLC, the developer of the CityPlace Burlington project. The City also filed a motion for preliminary injunction to promptly compel BTC to build the public improvements as required in the written Development Agreement with the City. The City’s complaint and motion are below.

Developer Initiated Legal Action

Prior to this filing, on Friday, September 4, the developer, through two letters from Don Sinex, informed the City that it was attempting to terminate the Development Agreement with the City, and that it was attempting to relinquish its existing zoning permit. These two letters are included below. Also prior to the City’s filing, BTC filed suit against the City seeking court approval of its unilateral termination of the Development Agreement. BTC’s letters and its lawsuit demonstrate that the developer is attempting to avoid its contractual commitments to the City.

The Development Agreement does not allow one party to unilaterally terminate the agreement once construction starts. Remarkably, the developer is attempting to shirk its responsibilities by arguing that construction never started, despite the clear facts on the ground and the Development Agreement’s terms that construction starts with structural demolition of the former mall building.

In Accordance with Specifically Negotiated Terms, City Seeks Prompt Injunctive Relief from Court

The Development Agreement specifically gives the City the right to seek injunctive relief to compel compliance with its terms and requirements. The City’s lawsuit seeks just that: to hold the developer accountable to the people of Burlington. It alleges breach of contract and breach of the implied covenant of good faith and fair dealing, and it seeks a declaratory judgment from the court that the Development Agreement is enforceable against BTC. Through the motion for a preliminary injunction and specific performance, the City is requesting the court to order the developer to immediately rebuild St. Paul Street and Pine Street, activate Bank Street and Cherry Street, and construct additional improvements to the public streets as promised.

City Remains Open to Settlement Negotiations Based on Terms of Existing Development Agreement

The City’s goal continues to be to transform this long-troubled part of downtown Burlington into a vibrant, mixed use neighborhood. The City is seeking to hold the developer accountable to its commitment to that vision. While the City remains open to mediation with the developer to advance that outcome, that discussion must be based on the existing Development Agreement.

“The City has complied with all of its obligations under the Development Agreement,” said attorney Marc Heath of the firm Downs Rachlin Martin PLLC, who represents the City in this litigation along with a team of litigators at the firm. “BTC’s unilateral attempt to walk away from its contractual obligations to the City is meritless. We intend to compel BTC to comply with its contractual obligations; specifically to provide the public improvements as required in the Development Agreement.”

“The developer’s recent letters make explicitly clear that it is attempting to renege on its longstanding, binding commitments to the people of Burlington by arguing that it never started construction,” said Mayor Miro Weinberger. “Anyone who has looked at the construction site in the last two years knows that’s absurd, and we’re not going to let them get away with it. With this lawsuit, we are fighting for the reconnected and dramatically improved public streets and infrastructure that Burlington has been promised, and ultimately, for the widely shared vision of restored homes, jobs, and vitality in this long-troubled part of our downtown.”

For additional information, please see the following materials available on the City website:

Watch Mayor Weinberger and two members of the City's legal team discussing this action with members of the media:

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Press Release Date: 
09/10/2020
City Department: 
Mayor's Office

FOR IMMEDIATE RELEASE
September 7, 2020
Contact: Jordan Redell
(802) 503-7664

Mayor Miro Weinberger Announces Jennifer Morrison Will Not Return from her Absence to the Burlington Police Department

Acting Chief Jon Murad to Continue Serving until Police Chief Search Resumes in 2021

 

Burlington, VT – Today, Mayor Weinberger announced that Jennifer Morrison will not return to the Burlington Police Department as initially planned when she left to care for her husband in June. Chief Morrison's letter to Mayor Weinberger is below.

“I am grateful that Chief Morrison stepped in to assist the City during a very difficult time for the Burlington Police Department last winter,” said Mayor Weinberger. “I wish her and her family strength and support as they navigate through this challenging personal time.  While I will miss Chief Morrison’s skill, can-do attitude, and her candor, I have great confidence that Chief Murad will continue to successfully lead the Department until a permanent chief is named, as he has since June.”

For additional information:

- Letter from Jennifer Morrison [PDF] 

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Press Release Date: 
09/07/2020
City Department: 
Mayor's Office

FOR IMMEDIATE RELEASE
September 4, 2020
Contact: Jordan Redell
(802) 503-7664

Mayor Miro Weinberger Issues Letter to Protestors at Battery Park

Burlington, VT – Today, Mayor Weinberger issued the below letter to protestors and organizers at Battery Park. The letter invites further dialogue with the organizers and details Mayor Weinberger’s concerns related to public safety and ordinance violations.

- Letter from Mayor Miro Weinberger to Protestors at Battery Park [PDF]

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Press Release Date: 
09/04/2020
City Department: 
Mayor's Office

FOR IMMEDIATE RELEASE
August 25, 2020
Contact: Jordan Redell
(802) 503-7664

Mayor Miro Weinberger Announces that City Has Retained Litigation Firm, Issued Final Demand Letter to CityPlace Developers, and Secured Broad Negotiation and Litigation Authority from the City Council

Burlington, VT – It has been over a month since the City sent a default notice to BTC Mall Associates – the developer of the former mall site and partnership between Brookfield and Devonwood – under the 2017 Development Agreement.  To date, the developer has taken no actions to cure that default. In response, the City has taken the following steps in recent days:

  • Retained the services of Downs Rachlin and Martin PLLC (DRM) to represent the City in the litigation of this matter. 
  • Issued two letters on August 21 to BTC Mall Associates and Brookfield (included below).
  1. The letter to BTC Mall Associates demands that the developer immediately resume construction on the eight blocks of public improvements committed to in the Development Agreement.  Further, the letter notifies the developer that because of its delays and failure to advance continuous construction, as committed in the Development Agreement, the City is no longer responsible for reimbursing the developers for this expense.
     
  2. The letter to Brookfield responds to their August 20 letter and requests documentation of their claim that they have invested $70 million in the site, consistent with their prior assurances to the City. 
  • Secured near-unanimous City Council approval to grant the Administration broad authority to pursue both negotiations with the developers and if necessary, legal action to protect City interests.

Mayor Miro Weinberger addressed these recent steps with the following statement:

“As has been the case for many years, the City is committed to seeing the former mall site transformed, as envisioned, into a vibrant downtown neighborhood with homes, jobs, and new public infrastructure, paid for by the new development.

“The City’s means for advancing that vision in the wake of the developer’s default and failure to perform include both negotiations and legal action. The City remains willing to work with a well-capitalized, experienced property developer to get the outcomes the people of Burlington are due.

“However, until presented with a viable opportunity for such progress, the City will pursue the outcome that it can legally compel: the construction of eight blocks of public improvements through the enforcement the City’s rights under the Development Agreement.

“Last night, by nearly unanimous vote, the City Council gave the administration the broad authority it needs to vigorously pursue both of these paths towards achieving the results the people of Burlington bargained and voted for.” 

Background and context for recent actions

The City has worked hard for many years to bring about development of a new neighborhood and to re-establish the street grid on the former mall site. 

There are a multitude of components to that development, but they break down in two categories: 1) the private development of housing, retail and other uses on the site, over which the City has limited control, and, 2) the public improvements (streets and infrastructure) that were to be completed and delivered to the City by the developer.  The developer has delayed construction of the entire Project, and among the other challenges resulting from that delay, the public improvements are not built and the availability of TIF funding to reimburse the developer for those public improvements is now at risk.

The developer started but has failed to continue construction of the project as required under its Development Agreement with the City. As a result, the developer has not delivered on its commitments to the City and people of Burlington. The City, meanwhile, has upheld it end of the bargain. The City remains committed to working in good faith toward a credible plan to see the realization of the entire Project. In the meantime, however, the developer is obligated to deliver on its commitment to provide the public improvements regardless of its timeline to advance the private improvements.

For additional information, see:

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Press Release Date: 
08/25/2020
City Department: 
Mayor's Office

FOR IMMEDIATE RELEASE
August 19, 2020
Contact: Olivia LaVecchia
                (802) 734-0617

Mayor Miro Weinberger Announces Groundbreaking on the Moran Frame

Thirty-four years after the Moran Municipal Generating Station was decommissioned, the City of Burlington breaks ground on the “Frame” concept to restore public access to this part of the waterfront, activate and stabilize a long-abandoned site, and transform the former power plant into a Burlington landmark

 

Burlington, VT – Today, Mayor Miro Weinberger announced that the City of Burlington has broken ground to transform the Moran Municipal Generating Station into the Moran Frame. After more than 30 years of ideas and efforts to reimagine the long-abandoned former coal plant, the Moran Frame will restore public access to this part of the waterfront, stabilize and activate a derelict site, and create an iconic Burlington landmark that alludes to the area’s industrial past. The project represents the final piece of the broader transformation of Burlington’s northern waterfront that voters endorsed on Town Meeting Day 2014, and lays the framework for additional uses and improvements to be added to the Moran Frame site in the years to come.

“In the fall of 2017, following years of efforts that proved to be infeasible and facing unexpectedly high removal costs, I asked the CEDO team to make one final attempt to identify a viable project using only salvageable elements of the existing structure and the dedicated funds we had for the site,” said Mayor Miro Weinberger. “As is so often the case with great design, the constraints that we faced in this final attempt produced a creative breakthrough. Today, we’re breaking ground on a transformative project for Burlington, and also celebrating the full rebirth of the post-industrial northern waterfront as a recreational and cultural treasure for all Burlingtonians to enjoy.”

Mayor Weinberger was joined at the groundbreaking by many of the people who have committed time and creativity to reimagining the Moran Plant over the last three decades, including former Burlington Mayor Peter Clavelle, past and present directors and staff members of the City’s Community and Economic Development Office (CEDO), the members of the New Moran effort, and employees from the Burlington Electric Department, among others.

Vision for the Moran Frame

The Moran Frame peels back the brick exterior to reveal the building’s steel superstructure, while retaining Moran’s distinctive tiered shape. When complete, the Frame will consist of an open-air park surrounding the historic structure of the Moran Plant, painted a striking red. The plan activates the abandoned site, improves public access to the waterfront, and integrates with surrounding resources, all while saving a piece of history and creating a lasting new legacy in this part of the waterfront.

The project will:

  • Peel back the brick and concrete exterior of the Moran Plant, thereby avoiding the significant expense of stabilizing the bricks, and revealing the steel frame beneath;

  • Stabilize the steel frame;

  • Abate and remediate hazardous building materials, including asbestos, lead paint, and PCB paint, in order to make the site stable and safe for the public;

  • Complete remediation of the soils at the Moran site and, in so doing, finish remediation of soils throughout the Waterfront Access North area;

  • Create an at-grade, level grassy area underneath and around the Moran Frame; and

  • Introduce sub-grade utilities to help support future, additional resources as part of the Moran Frame.

Even as the Frame achieves long-awaited resolution for the Moran Plant site, it also provides the “framework” for future phases that could include amenities such as bathrooms, shade structures, water’s edge paths, and viewing decks that look out on Lake Champlain.

The Moran Frame avoids pitfalls of past efforts, which have been pursued from 1986 to 2017 and spanned everything from a full adaptive reuse of the building to complete demolition. With a full adaptive reuse, efforts ran into the high costs of winterizing the building envelope and stabilizing the brick. Complete demolition, meanwhile, was found to also be costly given the environmental remediation required, and did not achieve the goals of preserving the site’s history and integrating it with the surrounding public use of the waterfront.

The project budget is $6.55 million, funded by $3.5 million from the Waterfront TIF district, a $2 million redevelopment loan from the federal Agency of Housing and Urban Development (HUD), and a planned settlement of no less than $950,000 from the Burlington Electric Department for environmental costs. The project is expected to be completed by the end of 2021, and will be managed when finished by the Waterfront division of Burlington Parks, Recreation & Waterfront. While project work is happening, the project also will put dozens of local tradespeople back to work in a COVID-safe way during the economic crisis of the pandemic.

“Burlington's Waterfront, once an urban wasteland, has evolved nicely over the past four decades,” said Peter Clavelle, Mayor of Burlington from 1989-1993 and 1995-2006. “Yet, efforts to revitalize the Moran Plant and clean-up the site have been elusive. I'm very pleased that the Moran Frame project is finally underway.”

“All Burlingtonians should take pride in the groundbreaking today, which has been decades in the making,” said Luke McGowan, Director of CEDO. “So many community members, City staff, and the CEDO team in particular have helped make the transformation of this iconic structure possible. To me, this represents the best of Burlington's approach to solving problems – preserving the embodied energy of the Moran Frame while also moving toward a reimagined future.”

“Seeing the Moran Plant finally move forward and taken off ‘the endangered species’ list is a great feeling,” said Katharine Montstream, Burlington artist and part of the earlier New Moran effort. “It would be a shame to level all of the industrial waterfront relics and smooth it over. The Plant was a big part of Burlington's early history and now it will be a great destination for local folks and visitors.”

Transformation of the Northern Waterfront

The Moran Frame is the final piece in the revival of the northern waterfront, which has included public and private investment in new resources for recreation, cultural activity, and access to Lake Champlain.

This revival began in 2014, when over 70 percent of Burlington voters approved a slate of six projects intended to strengthen the waterfront. These projects were recommended by a public committee through the Public Investment Action Plan (PIAP) process, and funded through the Waterfront TIF district and leveraged private funds without any impact on current property taxes. (Tax Increment Financing, or TIF, is a tool that uses the future tax revenue generated by new growth to fund investments in public infrastructure and facilities).

Today, these six projects have transformed the northern waterfront:

  • The Lake Champlain Community Sailing Center is completing its third summer at its landmark new home;

  • The new Water Works Park has increased access to the water’s edge through a wooden boardwalk, benches, fishing pier, and many native shrubs, grasses, and trees;

  • Waterfront Park and the entire northern waterfront have received improved landscaping, environmental remediation, and utility relocation;

  • ECHO has opened a new parking amenity, solar canopy, rain gardens, and public art; and

  • The Burlington Harbor Marina has created a home for many more boats in the Burlington harbor, along with publicly accessible amenities like bathrooms.

Resolution for the Moran Plant is the sixth and final project that was part of the PIAP slate.

These projects have been coordinated with and build on other recent reinvestment in the waterfront, including the creation of Andy A_Dog Skatepark, the rehabilitation of the Burlington Bike Path, and new access to Lake Champlain through Texaco Beach. More broadly, since the 1960s, and led by support from the public, the City of Burlington has acquired over 60 acres of waterfront land and removed the petroleum tanks, industrial buildings, and other structures that had been left on the waterfront as it transitioned from an area for first lumber processing and wharfing, to a rail yard and bulk petroleum facility. In doing so, the City has restored public access to the central and northern waterfront.

"This project serves as the last piece of the puzzle on Burlington's transformation of our waterfront from an industrial wasteland to a recreation hub,” said Owen Milne, Executive Director of the Community Sailing Center. “You have us at the Community Sailing Center, Burlington Harbor Marina, The Greenway, Skate Park... We welcome Moran FRAME to the club of active waterfront spots."

A Former Coal Plant Transformed in a City that Now Generates 100% Power from Renewable Generation

In addition to marking the transformation of the northern waterfront, the Moran Frame also will be a powerful symbol of Burlington’s energy transition. Burlington is proud to be served by a municipal electric utility, the Burlington Electric Department, which was founded in 1905. In 1952, voters approved bonding for the Moran Municipal Generating Station, which was opened two years later was opened in 1954 as a 30-megawatt power plant that turned coal into electricity. In 1977, in response to fuel shortages, the plant was converted to wood chips, and in 1978, voters chose to further pursue wood chips for fuel and voted to construct a new generating plant in Burlington’s Intervale. The new McNeil Wood-Powered Electric Generating Facility opened in 1984, and as a result, the Moran Plant was decommissioned in 1986. Several BED employees who worked at the Moran Plant continue to work at BED, including Jim “Duke” Dutra, who attended the groundbreaking on Wednesday.

Nearly 30 years later, in 2014, Burlington purchased the Winooski One Hydroelectric Facility, and in doing so, completed the City’s transformation from relying on the coal-fired electricity of the Moran Plant to being powered by 100 percent renewable electricity – the first city in the country to achieve that milestone. Since then, Burlington has continued to set and work toward some of the most ambitious local energy and climate goals in the country.

“At the Moran Plant in the 1970s, Burlington Electric began the work of transitioning from coal to renewable energy, which culminated in Burlington becoming the first city in the nation in 2014 to reach 100 percent renewable electricity,” said Darren Springer, General Manager of Burlington Electric Department. “This groundbreaking to return the Moran site to productive community use marks a firm break from the past when we relied on coal, and comes appropriately in a year when renewable electric generation nationally is set to outpace coal for the first time.”

For additional information, please see:

 

Rendering: Moran Frame

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Press Release Date: 
08/19/2020
City Department: 
Mayor's Office

FOR IMMEDIATE RELEASE
July 29, 2020
Contact: Olivia LaVecchia
               (802) 734-0617

Statement from Mayor Miro Weinberger on City’s Analysis of Arrests by Race

 

Burlington, VT – On Tuesday, the City released a report on race-based disparities in arrests and presented the report’s findings at a meeting of the Police Commission. The report is available to read online, and a recording of Tuesday evening’s presentation to the Police Commission is also available to watch thanks to CCTV (beginning at 1:01:00 in the linked video). In response to the report, Mayor Miro Weinberger released the following statement:

“The City released an analysis yesterday that shows persistent, long-standing, and substantial racial disparities in Burlington’s arrest rate, which are troubling and can’t be ignored. These disparities demand both continued work within the department and a sustained effort to root out systemic racism that goes far beyond the scope of the Burlington Police Department or even law enforcement. The City of Burlington is committed to this work on many fronts.

“At the same time, the analysis also shows progress. Burlington Police Department policy and practice in recent years has clearly reduced racial disparities among juveniles and greatly improved traffic stop metrics. Further, the existence of this report is a step for the City’s and BPD’s commitment to transparency, analysis, and continuous improvement, and is exactly the type of outcome that I hoped for when we launched the practice of publishing an annual City Equity Report in 2018. I look forward to continuing this work along with many partners, and striving to eradicate racial disparities in arrests, policing, and all parts of our city.”

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Press Release Date: 
07/29/2020
City Department: 
Mayor's Office

FOR IMMEDIATE RELEASE
July 24, 2020
Contact: Olivia LaVecchia
                (802) 734-0617

Statement from Mayor Miro Weinberger on Burlington School District’s Reopening Plan

Burlington, VT – Today, Mayor Miro Weinberger released the following statement on the Burlington School District’s plan to reopen this fall with a hybrid model:

“I welcome new Superintendent Tom Flanagan’s decision to start the upcoming school year with some in-person learning. Thanks to the collective work and sacrifice of Burlingtonians and Vermonters, we have sustained some of the nation’s lowest levels of virus transmission for months, and have achieved, for now, the public health conditions necessary to safely re-open schools. I have offered the City’s support in the form of building space, staff time, and the help of our COVID-19 Analytics Team to help the district successfully expand in-person learning, especially for elementary school children, over the course of the fall if virus conditions remain favorable. Our community has accomplished so much together since this pandemic began. Now, we must keep rates low and our schools open in order to address the opportunity gap, ensure that students don’t disproportionately fall behind, and support working parents and families. I am hopeful that we can follow a path like Denmark, Norway, and other nations in finding a way to safely resume full school operations for young children in the months to come."

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Press Release Date: 
07/24/2020
City Department: 
Mayor's Office

FOR IMMEDIATE RELEASE
July 22, 2020
Contact: Olivia LaVecchia
                (802) 734-0617

City of Burlington Sends Notice of Default to Developer of CityPlace Burlington

 

Burlington, VT – Today, Mayor Miro Weinberger released the following statement on CityPlace Burlington:

For nearly two years Brookfield Properties, the largest real estate developer in the world in 2019 and managing partner of the CityPlace Burlington project, has made public, private, and written commitments to resume the stalled project and complete a transformative redevelopment of the former mall.

Since November, these commitments have included providing materials in support of the City’s testimony to the Vermont Economic Progress Council describing Brookfield’s intention to start construction of a modified project in August, meetings with members of the public making similar representations in January and February, and a letter to me on June 4 confirming the company’s intention to work in good faith to put a new development agreement in place by the end of this month.

Despite repeatedly affirming its commitment to the project, and with its promises to the City unfulfilled, at the end of last week it became clear that Brookfield is pursuing steps to abandon management of the project and return Don Sinex and his Devonwood Investors group to that role.

That result would be unacceptable to the City of Burlington because it would constitute a breach of faith and a betrayal of trust. Brookfield should keep its commitments to the people of Burlington and see the project through to completion as it has repeatedly promised. If it does not, the City will do everything in our power to see that Brookfield suffers consequences for this breach.

On Saturday, after consultation with City Council President Max Tracy, I directed our attorneys to issue a default letter documenting Brookfield’s failure to perform pursuant to the Development Agreement and alleging bad faith and fraud. Further, the default notice includes a hold on the destruction of communications and documentation to preserve materials for possible litigation. I am releasing this default letter publicly today.

In a lawsuit the City would, at a minimum, seek City ownership of the land for the reconnection of St. Paul and Pine Streets and damages for the developer’s failure to rebuild and upgrade eight blocks of public infrastructure in time to use Tax Increment Financing (TIF). The TIF law includes certain deadlines that may be impossible to meet because of the developer’s inactions and thus endangers the ability to construct the planned $20.8 million in new public infrastructure. Brookfield has paid and reimbursed the City for approximately $500,000 of costs since its delays began – compensating the City for all expenditures related to the developer’s delays and supporting downtown marketing efforts – and the City will pursue continued reimbursement for the City’s additional costs as this proceeds.

In addition, the City will use all available mechanisms to ensure that this site, though privately owned, is transformed into a vibrant, mixed-use neighborhood as soon as possible.

In response to the notice of default, Brookfield’s attorneys have initiated new contacts with the City. We will give the developers a short window of time to return with an acceptable proposal for moving forward with the project.

If an acceptable proposal is not forthcoming, I will protect the City’s interests and achieve the City’s longstanding public goals for this project through aggressive legal action.

For additional information, please see:

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Press Release Date: 
07/22/2020
City Department: 
Mayor's Office

FOR IMMEDIATE RELEASE
July 16, 2020
Contact: Olivia LaVecchia
       (802) 734-0617

Mayor Miro Weinberger, Vermont Racial Justice Alliance, and 30-plus Chittenden County Organizations Together Declare Racism a Public Health Emergency and Announce New Actions
Organizations announce immediate actions to address this emergency both internally and in their work, and commit to ongoing joint action to eliminate race-based health disparities and systemic racism in Chittenden County

Burlington, VT – Today, Mayor Miro Weinberger, the Vermont Racial Justice Alliance, and more than 30 Chittenden County organizations announced a community declaration of racism as a public health emergency. As part of the declaration, all participants also announced: 1) a commitment to the sustained and deep work of eradicating racism within their organizations; 2) immediate and specific actions that they are taking to address the emergency in the work that they do; and 3) a commitment to participate in ongoing joint action, grounded in science and data, to eliminate race-based health disparities and eradicate systemic racism in Chittenden County. Department of Health Commissioner Dr. Mark Levine and State Executive Director of Racial Equity Xusana Davis also announced the State of Vermont’s intention to support and collaborate in this regional public health effort. 

“Deep and structural racism has shaped the systems of our nation and community for far too long. Here in Burlington, we have shown while battling the coronavirus pandemic, the climate emergency, and the opioid crisis that when government, non-profits, businesses, and residents share a vision, focus on science and data, and collaborate closely, we can forge remarkable progress on even our toughest challenges,” said Mayor Miro Weinberger. “Today’s declaration signals that going forward the major institutions of Chittenden County will apply these principles of collective action to eliminating systemic racism and its attendant stark disparities in health outcomes. I look forward to working with the Racial Justice Alliance and many other community partners to achieve this long overdue progress, and creating a Burlington where our structures and policies support opportunity, well-being, and true health for every member of our community.”

“We at the Racial Justice Alliance are proud to have spurred the declaration that racism is a public health crisis,” said Mark Hughes, Vermont Racial Justice Alliance. “But it is imperative that our fellow Vermonters recognize that this is not a new crisis. The systemic racism that has pervaded our society for years – from sub-standard medical treatment caused by limited resources and doctors' bias, to eugenics, to environmental racism that causes people of color to be unjustly exposed to pollutants that make us sick. Racism has been a health crisis since the inception of this country. We must work together to ensure that being Black or a person of color is no longer a pre-existing condition.”

Watch a video of the announcement of racism as a public health emergency and full speaking program:

Impetus for Community Declaration
The community declaration of racism as a public health emergency comes at a pivotal moment. First, the globe is contending with the impact of the COVID-19 pandemic. Second, across the nation and across Vermont, Black, Indigenous, and other people of color (BIPOC) have raised their voices to speak out against systemic racism and police violence in response to the death of George Floyd in May. On June 29, the City of Burlington, in partnership with the Vermont Racial Justice Alliance, joined a small but growing number of municipalities that declared racism as a public health emergency in response to the enormous health disparities between Blacks and whites in many areas, including COVID-19 infection and mortality rates, infant mortality, morbidity and mortality rates of many chronic diseases, and police-involved killings.

To truly address these disparities, however, will take much more than a governmental response. Over the past two weeks, a steering committee of the City of Burlington, Vermont Racial Justice Alliance, University of Vermont Medical Center, Howard Center, and United Way developed a vision for a community response of many individuals, organizations, and institutions working together to bring sustained focus and action to eliminating race-based health disparities in Chittenden County.

The organizations participating in this effort represent a broad coalition of partners whose work spans the social determinants of individual and public health, including opportunities and outcomes for employment, education, housing, justice, and health.

In all of these areas, disparities based on race are stark and persistent, caused by systemic racism, and adversely impact the health of Black people and all people of color. Recently, the coronavirus has exacerbated these disparities. Black and Latino people in the United States have been nearly three times as likely as white people to become infected with COVID-19 and nearly two times as likely to die,   and those disparities are even more marked among younger age groups.  These same disparities exist in Vermont, and during the current pandemic, though Black residents comprise just over 1 percent of Vermont’s population, they account for approximately 10 percent of the total confirmed COVID-19 cases as of July 8, 2020. 

These disparities extend far deeper than the current pandemic: race-based disparities exist at the local level in many areas that are the most important social determinants of health. For example, in housing, only 4 percent of homes in Burlington are owned by people of color though people of color comprise 18 percent of Burlington’s population,  and potential home applicants who are Black are four-and-a-half times more likely than white applicants to be denied for a home loan (83.3 percent to 18.2 percent). 

Such disparities continue across many other critical metrics of economic well-being. In Chittenden County, 26 percent of Black residents are in poverty compared to 10.6 percent of white residents, 8.1 percent of Black residents are unemployed compared with 4.3 percent of white residents, and 39.6 percent of Black residents have a bachelor’s degree or higher compared with 49.9 percent of white residents. 

To improve health outcomes for Black residents of Chittenden County, and create true equity, will require addressing disparities in all of these areas.

Immediate Actions from Participating Organizations
This community declaration of racism as a public health emergency is the starting point for action to address this emergency that will be both immediate and ongoing. In joining the declaration, participating organizations also committed to immediate actions that they will take to address this emergency in the work that they do. Together, these groups represent some of the largest and most impactful employers, educators, service providers, housing organizations, and other organizations in Chittenden County. Several highlights of these new commitments are below, and a full summary of commitments from all participating organizations is attached.

  • City of Burlington: Create a new Public Health Equity Manager position to expand the City’s public health capacity, support the efforts of the City and partners who have declared systemic racism a public health emergency, and assist in crafting a strategic plan for the City’s racial health equity work. The strategic plan will involve the restructuring of City operations to support this new capacity. [For all of the City’s commitments, see appendix]
  • Burlington School District: Review our core curricular materials and develop a plan to ensure our curriculum and teaching is culturally relevant, anti-racist, and holds high expectations for what all students know and are able to do. [For all of BSD’s commitments, see appendix]
  • Champlain Valley Office of Economic Opportunity (CVOEO): Hire a Director of Racial Equity to focus on organizational development as well as working with the communities we serve. [For all of CVOEO’s commitments, see appendix]
  • Howard Center: Create a data dashboard system to identify health disparities and inform practice change within our agency’s clinical practice and recruitment plan. [For all of Howard Center’s commitments, see appendix]
  • Lake Champlain Chamber: Provide education and resources for businesses on how to take action toward advancing racial equity. [For all of the Lake Champlain Chamber’s commitments, see appendix]
  • UVM Medical Center: Implement a Workforce Diversity Assessment of its 8,000 employees in August to ask them about how they experience equity and racism at work. This assessment will be used to increase recruitment and retention of BIPOC staff and leaders, identify gaps in equity within the organization, and reveal learning opportunities to increase cultural humility throughout the organization. The assessment will also take place across the UVM Health Network. [For all of UVM Medical Center’s commitments, see appendix]
  • Vermont Housing Finance Agency (VHFA): Disaggregate VHFA’s programmatic data to make clear who VHFA’s lending and assistance programs serve and which neighborhoods may be over/under represented. This information will be public and we will target future resources in response accordingly. [For all of VHFA’s commitments, see appendix]

Commitment to Ongoing Joint Action
To truly address race-based health disparities and systemic racism in Chittenden County will require sustained and coordinated work that is grounded in data and science. As part of this declaration, participating organizations also have committed to participating in ongoing work and joint action.

The exact form this ongoing joint action will take is still emerging, however, Chittenden County has recent experience to draw from with sustained collective action around a public health emergency in the County’s response to the opioid epidemic. Since the fall of 2016, dozens of Chittenden County organizations have convened at monthly meetings known as CommunityStat to review the data on the opioid epidemic, develop shared strategies, and rapidly deploy resources. Actions taken by these partners contributed to Chittenden County experiencing a 50 percent reduction in opioid-related overdose deaths in 2018, and sustaining that progress in 2019. The success of this effort has demonstrated the potential of collective action to address public health challenges, and this experience will now be applied to the urgent problem of eradicating systemic racism in Chittenden County.

Statements from Participating Organizations
The more than 30 organizations that have joined this community declaration are a multi-sector group that span the County’s largest employers and small non-profits, health care providers and affordable housing organizations, financial institutions and schools. These organizations shared the following statements on their commitment to this declaration, immediate next steps, and ongoing joint action.

Dr. Stephen Leffler, University of Vermont Medical Center: “The mission of the UVM Medical Center is to improve the lives of the people we serve through high-quality health care. That begins with doing everything we can to make sure that we treat each other with respect, humanity, and empathy, and doing the work to become an anti-racist organization. We’re proud to join the city of Burlington and this coalition of community partners to tackle racism in our city.”

Jesse Bridges, United Way: “Our United Way has long had a priority of fighting economic inequity with equity and inclusion as a foundational strategy – we need to do better in our role as individuals and as an organizations so we can actively engage in solutions to racial inequity and justice. We are committed to being an actively anti-racist organization by using our voice and platform to advocate, by mobilizing community resources and volunteers, and by making racial equity and justice a criteria for our community investments.”

Catherine Simonson, Howard Center: “We are committed to a world without racism. With roots in social justice, Howard Center staff work each day to serve our community and strengthen diversity, equity and inclusion in our organizational culture and system of care. We look forward to joining together with our community partners to strategically and fully eradicate systemic racism throughout our community.”

Laura Zeliger, Burlington Housing Authority: “BHA stands together with the City of Burlington and community partners in these efforts to collaboratively eliminate systemic racism."

Tom Flanagan, Burlington School District: “We are grateful for the opportunity to be a part of the collaborative effort to declare racism a public health emergency. At BSD, we believe we have a critical role to play in combating racism and in employing anti-racist practices. We are committed to working with the City, and all of the partners who signed on to this declaration, to ensure Burlington, Chittenden County, and the nation directly confront the systemic racism that plagues our nation.”

Tanya Benosky, Boys & Girls Club of Burlington: “We stand by racism as a public health crisis.  We are committed to providing opportunities to our BIPOC Club members that will give them the experiences they need to live healthy lives, from providing food and warmth to educational and economic advancement.”

Donna Carpenter, Burton: “What feels right is to stop, and listen, and take a close look at ourselves, our sport and our industry.”

Kim Fitzgerald, Cathedral Square: “If anything positive can be said about the pandemic, we’re optimistic that it has opened the world’s eyes to the egregious inequities in all aspects of our society, and the institutional racism at the core of them all. We have a lot of work to do to dismantle structural racism and truly provide ‘equal opportunity for all.’ Cathedral Square is ready and eager to participate in this important work.”

Tyeastia Green, Director of Racial Equity, Inclusion, & Belonging, City of Burlington: “This moment isn’t about George Floyd, although the situation in Minneapolis sparked a world-wide effort for everyone to see systemic racism for what it is. Racial disparities in health and social determinants of health have been around for centuries. COVID-19 shined a bright light on that. I’m proud that this declaration is being signed today, and also proud to be a part of making it happen.”

Benjamin Ola. Akande, Champlain College: “We are proud to support the City's efforts to create a whole-systems approach to addressing the crisis of systemic racism that is threatening the lives and well-being of members of our community and our nation. Champlain College is committed to working in partnership with the City and those advocating for racial justice to advance this work in our community and contribute our institutional strengths and expertise to create a stronger, more inclusive Burlington for all who live, work and study here.”

Brenda Torpy, Champlain Housing Trust: “CHT affirms and reaffirms its commitment to fight racism and to the principle that Black lives matter in its policies, programs, and employment in all aspects of its work.”

Charlie Baker, Chittenden County Regional Planning Commission (CCRPC): “At CCRPC, we believe deeply that resources and opportunities – employment, affordable and plentiful housing, accessible transportation, quality education and health care, environmental justice, and overall quality of life -- must be allocated fairly so that all people can thrive. We must actively eliminate barriers to full, meaningful participation in community life and work tirelessly to correct past injustices. We are committed to working through these issues together with our member municipalities, partner organizations, employers and residents.”

Jeffrey McKee, Community Health Centers of Burlington: “Identifying and reducing health disparities has always been central to CHCB’s mission of care. As such, we are uniquely prepared to act as part of our local Population Health Alliance in addressing racism as a public health issue. We are eager and ready to work together with our organizational partners to build a future built on antiracism and equity for all members of our community.”

Paul Dragon, Champlain Valley Office of Economic Opportunity (CVOEO): "Systemic racism, systemic poverty, poor health outcomes and the disregard for our own environment are mutually destructive and all self-inflicted. We built it and we can now change it."

Nancy Owens, Housing Vermont: “Housing Vermont is glad to sign on to this community effort; it is through our collective action that we can make progress eliminating systemic racism and its negative impacts on public health.”

Vicky Smith, King Street Center: “"At King Street Center, we’ve been examining our own practices, programs, environment, and integrating this learning into our ongoing strategic plan. While we are not experts and recognize that this is an ongoing listening and learning process, we commit to being loud & proud members of an anti-racist community in which hatred and intolerance have no place.”

Aly Richards, Let's Grow Kids: “Racism—or antiracism—starts early. Children notice race and begin making judgments on race when they are very young. They begin to be treated differently, by other children and by adults, based on race when they are very young. They begin to experience inequity—in their health and educational opportunities—when they are very young. That’s why Let’s Grow Kids is recommitting our movement to creating an equitable early childhood education system that advances racial justice for the next generation of Vermonters.”

Reverend Christopher Von Cockrell, Vermont Racial Justice Alliance Steering Committee and Interim Pastor, New Alpha Missionary Baptist Church: “We wholeheartedly support the Declaration of the City of Burlington that racism is a citywide health emergency. As the only church in Vermont worshiping in the tradition of African Americans, our collective stories are rich with experiences of the impact of systemic racism. We commit more than ever to embedding in the message of Jesus Christ the resounding call for racial justice in our outreach to a hurting community and stand as a partner with the Racial Justice Alliance as the Mother church in organizing the Burlington community of faith for the purpose of eradicating systemic racism. We call upon the city of Burlington, nonprofits, and local businesses to stand with us in this work and our commitment to the construction of a new church that we will call home.”

Christine Hughes, Vermont Racial Justice Alliance Steering Committee and Executive Director,
New Seasons Vermont: “We stand in full support of the declaration ‘Racism Is a Health Emergency’ being put forward by the City of Burlington and the Racial Justice Alliance. As a black, woman-owned business in Burlington, New Seasons has been a benefactor of the false narrative of scarcity and we therefore fully embrace the prospect that for once we will be offered an opportunity to thrive. From employment development, to job training, adult basic education, basic computer skills, and reentry services, New Seasons will be a key player in ensuring the economic empowerment long awaited and deeply deserved by BIPOC communities in Burlington. We are encouraged that all sectors are converging on this community health emergency and have high hopes that as a result of this partnership that we will realize the resources required to save lives in Burlington.”

Kate Laud, Opportunities Credit Union: "Opportunities Credit Union stands in solidarity with all Black, Minority and New American communities.  We support ending systemic racism and reaffirm our 30-year commitment to racial justice. To honor our members, staff and volunteers, we will seek new ways to listen to Black perspectives."

Christine Lloyd-Newberry, Sara Holbrook Community Center: “At Sara Holbrook, we believe that our world is a better place the more diverse, equitable, and inclusive it is. While we further recognize the intersectionality facing those we serve, taking into account not only race and ethnicity, but gender identity, socio-economic status, and sexual orientation; we recognize that addressing racism needs to happen on its own right. Now. With no exception."

Benjamin Longmore, Vermont Racial Justice Alliance and Vermont Cannabis Partners: “The Declaration by the City Burlington of racism as a public health emergency is both timely and meaningful. For too long have minority-owned businesses been left behind, and this sad fact seems to be replaying itself in the Hemp and Cannabis industry in Vermont and Burlington. The key to this industry is land and capital, neither of which is at a premium for the BIPOC community, especially here in Vermont. It is for this reason that we are hopeful that efforts to eradicate systemic racism will open opportunities for black-owned businesses in the cannabis industry and lead us to the place where true wealth can be built in the BIPOC community. It is our hope that creative solutions will be developed as a result of the relationships established by the city and Chittenden County, local businesses and nonprofits that place us on the path of equity and prosperity.”

Xusana Davis, Executive Director of Racial Equity, State of Vermont: “This declaration acknowledges the systemic and widespread nature of racial disparity in this country and this community. It signals the urgency with which we must address racism, and establishes anti-racism work as a priority for the city. We at the state stand ready to support the city’s equity work.”

Mark Levine, MD – Commissioner, Vermont Department of Health: “It is critical that we work together to address systemic racism at the personal, local, state and national levels. Health equity exists only when all people have a fair and just opportunity to be healthy – especially those who have experienced socioeconomic disadvantage, historical injustice, and other systemic inequalities.”

Maura Collins, Vermont Housing Finance Agency (VHFA): “Housing finance and zoning have long been the primary tools used to make our nation’s racism systematic. In doing so we have locked out Black and Brown households not only from affordable homes but also economic and educational opportunities. VHFA is joining the City’s effort to combat this public health emergency because we all deserve equal access to housing and opportunity.”

Mohamed Jafar, Vermont Racial Justice Alliance and Vermont Racial Equity Association: “As a Burlington-based, BIPOC-owned company offering professional and managed services specifically designed to eradicate systemic racism in businesses, non-profits, and government agencies, we strongly support the long overdue Declaration by the City of Burlington and the Vermont Racial Justice Alliance that racism is a public health emergency. The signatory supporters’ work ahead will require new data-driven approaches and a framework that is built upon an integrated strategy, clear measures of progress, and methods to hold stakeholders accountable. We’re grateful that economic development opportunities are being created to support the advancement of the work of the BIPOC companies like the Vermont Racial Equity Association and we are looking forward to supporting a cross-section of the community to eradicate systemic racism within their organizations.”

Kyle Dodson, YMCA: “It is almost trite to say at this point, but this 'George Floyd moment' does seem to have a different energy; somehow broader and deeper, and more resolute than earlier efforts. All of us who are committing to this initiative, are stewards of our children’s futures. Let's not squander this opportunity.”

For additional information, please see three accompanying documents:
-    A. Community declaration of racism as a public health emergency, including list of all signatories
-    B. Summary of participating organizations’ immediate commitments
-    C. Public action advisory from the Racial Justice Alliance about this declaration

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Press Release Date: 
07/16/2020
City Department: 
Mayor's Office

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