Ordinance Committee

Regular Meeting

Burlington, VT · May 1, 2026

Minutes

Ordinance Committee Friday, May 1, 2026 Bushor Conference Room, City Hall or Remote via Zoom. Burlington, Vermont DRAFT MINUTES Members Present: Councilor Bergman (Chair), Councilor Barlow, Councilor Carpenter Staff Present: Kim Sturtevant (Assistant City Attorney), Kara Alnasrawi (Interim Chief of Staff), Will Clavelle (Interim CEDO Director), Bill Ward (Director of DPI), Traci Isham (DFA), Caleb Manna (DPW), Philip Peterson (DPW) Public Present: Sharon Bushor, Wendy Koenig, Alicia Estey, Amanda Clayton Meeting called to order at 2:02 PM. 1. Adopt the Agenda 1.1 Adopt the Agenda Motion to Adopt Agenda. Motion by Councilor Barlow, Seconded by Councilor Bergman. Final Resolution: Motion Passes Yes: Unanimous 2. Adopt Draft Minutes 2.1 Adopt Draft Minutes from April 23, 2026 No minutes available to adopt. Councilor Carpenter arrived at 2:04 PM. 3. Public Forum Marek Broderick: I am the City Councilor for Ward Eight. I like the changes to the UVM and dorm materials. I am advocating for keeping the 2.5% gross receipts tax rate instead of allowing it to sunset back to 2%. I believe consumption taxes are regressive and we should move to a more equitable taxation system, but the City cannot afford to lose the $900k in revenue. Allowing this to sunset will not increase business downtown, particularly for restaurants. I know people consider the menu price but rarely are people thinking about the 2.5% gross receipts tax. The bigger problems are pointless wars, exploitative landlords, and high food costs due to climate change. Sharon Bushor: I want to thank City staff for working on the UVM inspection exemption ordinance and I like the current materials. I wonder if there is a way for a university to inform the City of ongoing dorm issues that haven’t been resolved but are being worked on. There has been an increase in ebikes being used on sidewalks and there is danger of injury for pedestrians. Page 1 of 4 I want to support businesses and I think this tax is small factor and they actually need more security. I also think Grubhub and Ubereats should be paying this gross receipts tax. 4. Gross Receipts Ordinance Discussion. Kara Alnasrawi (Interim Chief of Staff), Will Clavelle (Interim CEDO Director), and Traci Isham (DFA) shared a presentation on the Gross Receipts Tax Ordinance change. This presentation is available in the agenda packet on CivicClerk. Will Clavelle said that many small businesses have trouble when it comes to writing a check to the City for the taxes they owe and it would be easier to have the money automatically remit to the City like it does for the State. Councilor Barlow said that the City has previously indicated that the 0.5% was a temporary measure. He said that South Burlington and Williston both have thriving business areas that now compete with Burlington. We are charging more taxes for hotels and restaurants than neighboring towns. He said he would like to repeal this tax increase. Kara Alnasrawi said the ordinance change would allow the City to hold businesses like Ubereats accountable for the taxes they owe and make it easier for them to pay as well. Councilor Carpenter said the tax increase was originally part of a stopgap while the City pursued an efficiency study. She said the City has not been able to come up with enough efficiency improvements to warrant lowering the tax back down and that the City needs to continue to improve on its efficiencies. She said that the bigger problems for downtown are safety issues and parking. She said that the Council can adjust taxes whenever it is necessary, so it was unwise to put the label on temporary on the original increase to the gross receipts tax. Councilor Bergman said he has opposed the sunset of the tax increase. He added that the Progressive caucus never supported having a sunset on the gross receipts tax. He said that cutting revenue will add to a debt spiral. He said that Burlington has unique advantages, particularly the lake and the sunsets. He said that it would actually be anti-business to make cuts because the things that will be cut are good for businesses. He also added that the other changes to the ordinance also will be good for business and keep small businesses from having to pay interest after interest. Councilor Bergman added that, despite knowing and liking everyone on the Council, he is outraged that there is debate over this tax at a time when the City needs the revenue. He said that whenever the City is no longer is need of the revenue or if economic policy requires it, then the Council can change the tax. Councilor Barlow said that the budget has many moving parts, both expenditure decreases and revenue increases. He said that the unique boons that Burlington once had are not as unique or as important as they used to be. He added that Parks have raised their fees for events as well and there are other music venues outside of Burlington that have become more attractive for promoters. Page 2 of 4 Councilor Barlow asked for Kara Alnasrawi to bring back a previous report that was created regarding whether or not providing grants to specific small businesses would be effective or not. Kara Alnasrawi said that the report was delivered in executive session. She added that the City did not ultimately give out funds to businesses last year, but Burlington City Arts (BCA) received some more money for downtown events and advertising. Councilor Bergman asked DFA and the City Attorney’s Office to look into how the removal or lowering of the local option tax on amusements would affect the budget. 5. University Exemption for Periodic Minimum Housing Inspection Ordinance Discussion Attorney Sturtevant shared the most recent version of the draft ordinance. This draft of the ordinance is available in the agenda packet on CivicClerk. Wendy Koenig (UVM) said that UVM is fine with the current draft ordinance changes and with the self-certification form. Bill Ward said that the privately-managed and owned Redstone buildings are not subject to this ordinance and are inspected like any other apartment building in the City. Councilor Bergman said that the issue of the definition of dormitory should be looked into later and not extend out the discussion on this ordinance. Bill Ward said that issues or complaints about the inspection process for the City go to the Housing Board of Review for further review if necessary. Motion to refer the draft ordinance back to the full City Council for second reading with a recommendation for adoption. Motion by Councilor Barlow, Seconded by Councilor Carpenter. Final Resolution: Motion Passes Yes: Unanimous 6. Bicycle and Motor Vehicle Ordinance Discussion Phillip Peterson and Caleb Manna gave an overview of the changes the Public Works would like to make to the bicycle ordinance. Caleb Manna (DPW) responded to Sharon Bushor saying that sidewalks are primarily for pedestrian use, but bicycles are allowed on sidewalks outside of the city center. He said that DPW has been working with the Burlington Walk Bike Council and the Public Works Commission on this issue. Phillip Peterson (DPW) said that motorized bicycles are prohibited on sidewalks city-wide. Page 3 of 4 Caleb Manna said that the ordinance changes are to accomplish two goals: conforming the Main Street bike lane to state law and addressing the new electric modes of transport that are becoming more popular like ebikes or scooters. Councilor Carpenter said she would like ebikes to be banned on sidewalks in general. Councilor Barlow agreed and said he has seen motorized bikes on the greenway and on sidewalks. Caleb Manna said this ordinance change is mostly about securing the Main Street bike lane but the definitions of different types of motorized bikes did spark a larger discussion. Attorney Ramakrishnan said an interim measure in the draft ordinance already is that the reckless or careless operation of a motorized bicycle is an ordinance violation. Caleb Manna said DPW wants to solicit public input for any prohibition on motorized bicycles before bringing it to the committee. Councilor Bergman asked Attorney Ramakrishnan to draft language around the prohibition of motorized bicycles in certain areas. Attorney Ramakrishnan said a technical change to be made the current draft ordinance is on line 139, which should also say “otherwise as written” so that we clear about not removing the definitions. Councilor Bergman suggested coming back to the motorized bicycle definitions and permissible locations at the June 18th meeting. Motion to refer the draft ordinance back to the full City Council with the technical change on line 139, with a recommendation for adoption. Motion by Councilor Bergman, Seconded by Councilor Carpenter. Final Resolution: Motion Passes Yes: Unanimous 7. Any Other Committee Business Attorney Sturtevant said there are City Circle ordinance changes coming up in June. 8. Adjournment Motion to adjourn by Councilor Bergman, without objection. The meeting was adjourned at 4:02 PM. Page 4 of 4

Agenda

Packet

Friday, May 1, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM When: May 1, 2026 02:00 PM Eastern Time (US and Canada) Topic: Ordinance Committee Meeting Join from PC, Mac, iPad, or Android: https://zoom.us/j/98817452753?pwd=uacWyADtaIrcty3Ka7ZbOCX4d3WDYS.1 Passcode:417094 Phone one-tap: +13052241968,,98817452753#,,,,*417094# US +13092053325,,98817452753#,,,,*417094# US Join via audio: +1 305 224 1968 US +1 309 205 3325 US +1 312 626 6799 US (Chicago) +1 646 931 3860 US +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +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 +1 253 205 0468 US +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) Webinar ID: 988 1745 2753 Passcode: 417094 International numbers available: https://zoom.us/u/abderomC1d 1. Agenda 1.1. Motion to amend/adopt agenda 2. Adopt Draft Minutes Subject 2.1. Adopt Draft Minutes from 4/23 Meeting May 1, 2026 - Ordinance Committee Meeting Agenda - Friday, May 1, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 2. Adopt Draft Minutes Department Council and Board Type Page 1 of 27 Recommended Action 3. Public Forum Subject 3.1. Verbal Comments Meeting May 1, 2026 - Ordinance Committee Meeting Agenda - Friday, May 1, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 3. Public Forum Department Council and Board Type 4. Gross Receipts Ordinance Discussion Subject 4.1. Gross Receipts Ordinance Discussion Meeting May 1, 2026 - Ordinance Committee Meeting Agenda - Friday, May 1, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 4. Gross Receipts Ordinance Discussion Department Council and Board Type Recommended Action 5. University Exemption for Periodic Minimum Housing Inspection Ordinance Discussion Subject 5.1. University Exemption for Periodic Minimum Housing Inspection Ordinance Discussion Meeting May 1, 2026 - Ordinance Committee Meeting Agenda - Friday, May 1, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 5. University Exemption for Periodic Minimum Housing Inspection Ordinance Discussion Department Council and Board Type Recommended Action 6. Bicycle and Motor Vehicle Ordinance Discussion Subject 6.1. Bicycle and Motor Vehicle Ordinance Discussion Meeting May 1, 2026 - Ordinance Committee Meeting Agenda - Friday, May 1, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 6. Bicycle and Motor Vehicle Ordinance Discussion Department Council and Board Type Page 2 of 27 Recommended Action 7. Any Other Committee Business Subject 7.1. Any Other Committee Business Meeting May 1, 2026 - Ordinance Committee Meeting Agenda - Friday, May 1, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall 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 May 1, 2026 - Ordinance Committee Meeting Agenda - Friday, May 1, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 8. Adjournment Department Council and Board Type Recommended Action Page 3 of 27 Page 4 of 27 Page 5 of 27 Page 6 of 27 Page 7 of 27 Page 8 of 27 Page 9 of 27 Gross Receipts Tax Ordinance Committee May 1, 2026 Page 10 of 27 What falls under Burlington’s Gross Receipts? • Meals, Alcohol, Admissions, & Amusements = 2.5% • Short Term Rentals (“AirBnB Tax”) = 9% (dedicated to the Housing Trust Fund) • Hotel/Motel (“Rooms Tax”) = 4% Current Estimated GR income for FY27 = $7M Impact of sunsetting the 0.5% GR tax = -$870,000 Page 11 of 27 How a GR Tax Works • Gross receipts tax is an “at the register” tax. • It is not added to the listed/advertised price of the item. • VT Gross Receipts Law: Applicable State guidance states: (a) Each operator shall state the amount of tax to each occupant and each purchaser of a taxable meal and alcoholic beverage, and shall charge the tax for each rental, meal, or beverage, and shall demand and collect the tax from such occupant or purchaser. The occupant or purchaser shall pay the tax to the operator and each operator shall be liable for the collection thereof. • Businesses must be passing this tax on to the consumer as a separate item • Businesses should not be absorbing this tax – i.e. it is not be a direct cost to the business • The State portion of GR tax is remitted directly to the State • The City portion of GR tax is remitted directly to the City Page 12 of 27 How the Consumer Experiences GR Tax Tax Breakdown • State GR (11%) = $1.67 • City GR Sandwich and a capuccino • 2% = $0.37 • 0.5% = $0.09 Subtotal $18.50 State & Municipal Tax combined = $2.13 (11.5%) • 9% State • 2.5% City Page 13 of 27 Impact on Consumer Behavior • Tax Salience (a concept in behavioral economics): refers to how visible or noticeable a tax is to the person paying it at the moment they make an economic decision. • Taxes that are not fully visible at the decision point (low salience) tend to have a weaker effect on consumer behavior than equally sized, highly visible taxes* • Consumers underreact to taxes that not salient* *Chetty, Raj, Adam Looney, and Kory Kroft. 2009. “Salience and Taxation: Theory and Evidence.” American Economic Review 99, no. 4: 1145–1177. https://doi.org/10.1257/aer.99.4.1145 Page 14 of 27 QUESTIONS AND DISCUSSION Page 15 of 27 CITY OF BURLINGTON ORDINANCE ___________ Sponsor: Dept. of Permitting and Inspections Public Hearing Dates: ___________ In the Year Two Thousand Twenty-Six _____________________________ First reading: _________________ Referred to: ___________________ An Ordinance in Relation to Rules suspended and placed in all Stages of passage: ______________ HOUSING—INSPECTION REQUIRED Second reading: ________________ BCO Chapter 18, Art. II, Div. 1, Sec. 16 Action: ______________________ Date: ________________________ Signed by Mayor: ______________ Published: ____________________ Effective: _____________________ It is hereby Ordained by the City Council of the City of Burlington as follows: 1 That Chapter 18, Housing, of the Code of Ordinances of the City of Burlington be and is hereby amended by 2 amending Article II, Administration and Enforcement; Division 1, Generally; Section 16, Inspection 3 Required; thereof to read as follows: 4 5 18-16 Inspection required. 6 7 The enforcement officer or their delegate shall make inspections of rental units within the city, including 8 hotel and motel rooms which are regularly let to the same tenant(s) for a period of thirty (30) days or more, 9 for the purpose of determining whether a violation of this chapter exists. 10 11 Excluded from periodic inspection shall be all owner-occupied dwellings containing one (1) or two (2) 12 rooms which are rented out for compensation and partial unit short term rentals. Also excluded from 13 inspection are university and college dormitories that conduct regular, comprehensive inspection programs 14 and annually certify compliance with the minimum housing standards ordinance to the enforcement agency. 15 The required certification shall be submitted in writing using the form prescribed by the Director of 16 Permitting and Inspections, due by September 1st annually. The certification shall include affirmation that the 17 students have been notified of their right and the process to make a complaint to the City pursuant to Sec. 18- 18 24. Inspections of dwellings and dwelling units other than those that are subject to periodic inspections, or of 19 hospital rooms, hotel and motel rooms or dormitories not subject to periodic inspections as provided for in 20 this section, shall be made only upon complaint or upon request of the owner thereof. 21 22 All records, including inspection reports, records of complaints received and investigated, and plans for 23 inspections of rental units, shall be available for public inspection. 24 25 26 * Material stricken out deleted. 27 ** Material underlined added. 28 29 ks/Ordinances 2026/Housing Code/BCO Ch. 18, Art. II, Div. 1 30 Secs. 18-16. 31 3/19/2026 Page 16 of 27 PERMITTING & INSPECTIONS 645 Pine Street, Ste. A | PO Box 849 Burlington, VT 05402-0849 Housing: (802) 863-0442 Trades: (802) 863-9094 Zoning: (802) 865-7188 Self-Certification Form for University and College Dormitories Staff Certifying Compliance Name ___________________________ Address ____________________________ Email ___________________________ Phone # ___________________________ Property Manager/Emergency Contact Name ___________________________ Address ____________________________ Email ___________________________ Phone # ___________________________ List of Dormitory addresses being certified: NAME of DORM ADDRESS # of ROOMS CONTACT (name/email/phone) Information available in alternative media forms for people with disabilities. For disability access information call (802) 865-7121 or (802) 863-0450 TTY. An Equal Opportunity Employer Page 17 of 27 Total Number of Rooms/Units _____________________________________ Complaint Process Notification –Circle Yes/No Residents are instructed on how to make a housing complaint to the university/college staff in order to resolve habitability issues. Additionally, they are informed that they have the right to complain to the City of Burlington. Compliance with Chapter 18 Article III. Minimum Standards Division 1. Generally Division 2. Plumbing Facilities and Fixture Requirements Division 3. Light, Ventilation, Space and Mechanical Requirements Division 4. Space and Occupancy Division 5. Fire Safety Requirements Division 6. Responsibilities of Owners and Occupants Self-Certification I certify that University/College conducts regular inspections of dorms as part of a comprehensive inspection program. The inspection program adheres to the standards set forth in Article III, Chapter 18 of the Burlington Code of Ordinances This annual certification is for the calendar year/school year from _________ to___________. Signed: _______________________________ Title: _______________________________ Date: ________________________________ Information available in alternative media forms for people with disabilities. For disability access information call (802) 865-7121 or (802) 863-0450 TTY. An Equal Opportunity Employer Page 18 of 27 Page 19 of 27 Page 20 of 27 Page 21 of 27 Page 22 of 27 Page 23 of 27 Page 25 of 27 Page 26 of 27 Page 27 of 27