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HomeMy WebLinkAboutAgenda - City Council - 04/07/2008 ifprOttoi BUIILINCTCN,O. CO ' City of South Burlington + .t'.,)� ; 575 DORSET STREET r.��/,'`�I'1�t<<� ,# SOUTH BURLINGTON, VERMONT 05403 Wfi._-_----- TEL. (802) 846-4107 S_�� ,' FAX (802) 846-4101 Le'��y, CITY MANAGER Bh-6.r?OWN M'ac� CHARLES E. HAFTER AGENDA SOUTH BURLINGTON CITY COUNCIL CITY HALL CONFERENCE ROOM 575 DORSET STREET SOUTH BURLINGTON, VERMONT Executive Session 6:15pm Monday, April 7, 2008 * 1)Consider entering Executive Session to discuss real property acquisition. Regular Meeting 7:00 P.M. Monday, April 7, 2008 2)Comments and Questions from the public(not related to the Agenda). 3)Announcements and City Manager's Report. * 4)Review of Burlington International Airport Noise Compatibility Program Update; Brian Searles, General Manager and Mike Flaherty,Airport Board of Directors; Consideration of Council response to same * 5)Report from consultant on Proposed Police Station Site Feasibility and Concept Design; Rebbeca Arnold, Arnold and Scangas and Bill Nedde, Kreps and Lansing * 6)Consideration of First Reading of Amendment to Sign Ordinance, re: regulations on signs in residential zoning districts;scheduling of public hearing for same. (suggest May 5, 2008) * 7)Consideration of computerization of land records; Donna Kinville, City Clerk. * 8)Consideration of approval of Warning for May 20, 2008 City meeting. * 9)Request for contribution to Vermont Convention Bureau to support 2009/2010 USA National Triathlon Championship Festival. * 10)Consideration for a$580,000 Grant Anticipation Loan for Stormwater Mitigation Project. * 11)Review and approve minutes from regular City Council meeting held on March 17,2008. 12)Sign disbursement orders. * 13)Consideration of entertainment license application from:Windjammer Restaurant, 1076 Williston Rd., Live entertainment, Sheraton, Live entertainment. * 14) Reconvene as Liquor Control Board to consider Liquor Licenses for: Renewals: Shaws Beer&Wine,570 Shelburne Rd.,Zachary's Pizza,1250 Williston Rd.,Pulcinella's,100 Dorset St.,Marco's Pizza,1301 Williston Rd..Sheraton Vermont Corp.,870 Williston Rd.,Airport Grocery, 1223 Airport Dr.,Vermont Soup Company,1636 Williston Rd.,Chittenden Cider Mill,1580 Dorset St., Champlain Farms Exxon,801 Williston Rd.,Champlain Farms,1800 Williston Rd.,Hannaford Food&Drug,218 Hannaford Dr.,Jolley #107,977 Shelburne Rd.,Pizza Putt,1205 Airport Parkway,Maplefields,1801 Williston Rd.,GU Markets of Vt.,41 Hinesburg Rd., Spillane's Service Ctr.,811 Williston Rd.,Simon's Store&Deli,974 Shelburne Rd.,Tommy's City Grill,580 Shelburne Rd.,UNO's, 1330 Shelburne Rd.,Short Stop#104,1830 Shelburne Rd.,Applebees,155 Dorset St.,Champlain School Apts,Partnership, 1068 Williston Rd.,Klingers,10 Farrell St.,Doubletree Hotel,1117 Williston Rd.,Moe's Southwest Grill,1150 Williston Rd.,M.T.Bellies Deli/Dorset Beverage,340 Dorset St.,Pauline's Café&Restaurant,1834 Shelburne Rd.,Champlain Farms, 1118 Williston Rd., Champlain Farms,1041 Shelburne Rd.,Ground Round Restaurant,1633 Williston Rd.,Kinney Drug#55, 1653 Williston Rd.,Magic Hat,5 Bartlett Bay Rd.,Shelburne Road Variety,1855 Shelburne Rd.,Vermont National Country Club,1227 Dorset St.,USAVE Beverage,1302 Williston Rd.,Waterfront Catering Group,1712 Shelburne Rd.,Windjammer Restaurant, 1076 Williston Rd. 15)Adjourn Respectfully Submitted: at „..,,...........--------- Charles Hafter, City Manager Additional Liquor Licenses: For Council Meeting April 7, 2008 Name Address Silver Palace 1216 Williston Rd Short Stop# 105 1314 Williston Rd Jiffy Mart 110 Kennedy Dr One Flight UP Burlington Airport Rotisserie 1355 Williston Rd Hooters 1705 Williston Rd • 2008 LIQUOR LICENSE RENEWAL APPLICATION 1969-001-1RST-01 FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 1 Fee: $200.00 of which License Year Beginning May 1, 2008 ending April 30, 2009 $100.00 is paid to town/city $100.00 is paid to DLC Town: 04065 - SOUTH BURLINGTON FILE APPLICATION IN DUPLICATE MISREPRESENTATION OF A MATERIAL FACT ON ANY LICENSE APPLICATION SHALL BE GROUNDS FOR SUSPENSION OR REVOCATION OF THE LICENSE, AFTER NOTICE AND HEARING Applicant: Review all of the information presented on this form, indicating any changes in the spaces provided. Applicant: Szechuan East-Restaurant Corp. Doing Business As: Silver Palace Mailing Address: 1216 Williston Road 1216 Williston Road South Burlington VT 05403 South Burlington VT 05403 Telephone: (802) 864-0125 Description of Premises: Lessor: • Restaurant in a 1 story cement block building on the north side of Merrill Jarvis Rt. 2 (Williston Rd.) designated as 1216 Williston Rd., in the City 1210 Williston Road of South Burlington, VT. South Burlington VT 05403 • Last Enforcement Seminar: 12/13/2006 Date of Incorporation: 07/03/1986 State of Charter: Vermont Currently Valid Charter: Yes Federal ID Number: 03-0304864 Majority of Directors are US Citizens: Yes VT Residents: Yes ATTACH AN ADDITIONAL SHEET TO THIS APPLICATION NOTING ANY NECESSARY CORRECTIONS OR CHANGES AND UPDATES THAT HAVE OCCURRED DURING THE PAST YEAR. Corporation Name Address Town/City State Zip Code Director 1. Lee, Edward E-9 Stonehedge Dr. South Burlington VT 05403 Director 2. Ng, Kin Ting 135 Sadler Road Williston VT 05495 Director 3. Wong, Ken 177 Sadler Lane Williston VT 05495 Stockholder 4. Lee, Edward E-9 Stonehedge Dr. South Burlington VT 05403 Stockholder 5. Lee, Kenneth 350 Spear St. South Burlington VT 05403 Stockholder 6. Chu, Wai King L-6 Stonehedge Dr. South Burlington VT 05403 Stockholder 7. Ng, Nang 328 Sander Circle Erie CO 80516 Stockholder 8. Louie, Hung 291 Sander Circle Erie CO 80516 Social Security Date of Number Birth Place of Birth 1. On File On File Hong Kong 2. On File On File Hong Kong 3. On File On File Hong Kong 4. On File On File Hong Kong 5. On File On File San Francisco, CA 6. On File On File Hong Kong 7. On File On File Hong Kong 8. On File On File Additional stockholders are on file Was'any director not born in the United States? VYes No If naturalized citizen, please complete the following information: Name Court Where Naturalized Location (City/State/Zip Code) Date Lee, Edward Eastern District NY NY Wong, Ken Eastern District Court New York NY 04/04/12/1988 12/1988 Has any director or stockholder been convicted or pleaded guil to ny cr inal or motor vehicle offense in any court of law (including traffic tickets by mail)? XX Yes No 4!el If yes, please attach the following information: Individual's name, o traffic bureau, offense and date Does any director or stockholder of the corporation hold any e�l tive or appointive state, county, city, village or town office in Vermont (See VSA, 7.7, Ch.9, Sec. 223)? Yes No If yes, please complete the following information: • Name Office Jurisdiction Continued on next page . Silver Palace 1216 Williston Road South Burlington, Vermont 05403 (802) 864-0125 Stockholder Motor Vehicle Offense Edward Lee 04/87 Burlington District Court, Speeding Ken Wong 04/87 Burlington District Court, Speeding 06/87 Burlington District Court, Speeding 05/88 Burlington District Court, Speeding • • 2008 LIQUOR LICENSE RENEWAL APPLICATION 1969-001-1RST-01 FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 2 Vt. Dept. of Health Food License No.: 1427 Vt. Dept. of Health Lodging No.: Vt. Tax Dept. Meals & Rooms Cert./Acct. No.: 15615 Outside Consumption Permit?: _Yes XX No Disclosure of Non-profit Organization?: _Yes XXNo Amusement Machine Permit?: Yes XX No ALL APPLICANTS MUST COMPLETE AND SIGN The applicant understands and agrees that the Liquor Control Board may obtain criminal history record information from State and Federal record repositories. I/We hereby certify, under the pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan approved by the Commissioner of Taxes to pay any and all taxes due the State of Vermont as of the date of this application. (VSA, Title 32, Section 3113) I/We hereby certify that I/We are not under an obligation to pay child support or that I/We are in good standing with respect to child support or are in full compliance with a plan to pay any and all child support payable under a support order. (VSA, Title 15, Section 795) In accordance with 21 VSA, Section 1378(b), I/We certify, under pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan to pay any and all contributions or payments in lieu of contributions due to the Department of Employment and Training. I/We have registered the trade name of these premises with the Secretary of State. I/We here y,certify tha the j.pfQrmation in this application is true and complete. (. t il..rr �c I)t5 �+-t,. cL / //' Dated at SOU ►1 0tUs�Ff�j 11 V1, in the county of Cl/(- 04,€44 , and State of Ve—!su nk-/t this day of Wia.trc� Zao� Signature of authorized agent Signature of individual or partners of corporation, company, club or association in).-ehdaxd 5'ecr--e fur (Title) Are you making this application for the benefit of any other party? Yes No WILL APPLICANT APPLY FOR A THIRD CLASS (SPIRITUOUS LIQUOR) LICENSE? \ Yes No Upon being satisfied that the conditions precedent to the granting of this license as provided in Title 7 of the Vermont Statutes Annotated, as amended, have been fully met by the applicant, the commissioners will endorse their recommendation on the back of the applications and transmit both copies to the Liquor Control Board for suitable action thereon, before any license may be granted. For the information of the Liquor Control Control Board, all applications shall carry the signature of each individual commissioner registering either approval or disapproval. Lease or title must be recorded in town or city before issuance of license. , Verm ont,6/U i K[Kr+ APPROVED DISAPPROVED 1.0 Approved by Board of Control Commissioners of e City or .wn oft ? 100/ ,/r Total Membership members present Attest, , Town Clerk Continued on next page • 2008 LIQUOR LICENSE RENEWAL APPLICATION 1969-001-1RST-•0L FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 3 TOWN OR CITY CLERK SHALL MAIL BOTH COPIES OF APPROVED APPLICATIONS DIRECTLY TO: DEPARTMENT OF LIQUOR CONTROL GREEN MOUNTAIN DRIVE, DRAWER 20 MONTPELIER, VT 05620-4501 If application is disapproved, local control commissioners shall notify the applicant by letter. No formal action taken by any agency or authority of any town board of selectmen or city board of aldermen on a first or second class license application shall be considered binding except as taken or made at an open public meeting. VSA T-1,Sec.312 • • 2008 LIQUOR LICENSE RENEWAL APPLICATION 406-007-SECN-01 SECOND CLASS LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 1 Fee: $100.00 of which License Year Beginning May 1, 2008ending April 30, 2009 $50.00 is paid to town/city <K $50.00 is paid to DLC Town: 04065 - SOUTH BURLINGTON FILE APPLICATION IN DUPLICATE MISREPRESENTATION OF A MATERIAL FACT ON ANY LICENSE APPLICATION SHALL BE GROUNDS FOR SUSPENSION OR REVOCATION OF THE LICENSE, AFTER NOTICE AND HEARING Applicant: Review all of the information presented on this form, indicating any changes in the spaces provided. ' Applicant: Jolley, Bruce & Robert/Jolley Associates Doing Business As: Short Stop #105 Mailing Address: 1314 Williston Road P.O. Box 671 South Burlington VT 05403 St. Albans VT 05478-0671 Telephone: (802) 658-4635 Description of Premises: Premises: XX Owned Leased Grocery store in a one story building approx. 936 sq. ft. located on the northwest corner of intersection of Williston Rd. & Patchen Rd. designated as 1314 Williston Rd., City of South Burlington, VT. Last Enforcement Seminar: 10/02/2007 ATTACH AN ADDITIONAL SHEET TO THIS APPLICATION NOTING ANY NECESSARY CORRECTIONS OR CHANGES AND UPDATES THAT HAVE OCCURRED DURING THE PAST YEAR. Partnership Name Address Town/City State Zip Code 138 Congress St. Partner 1. Jolley, Robert Po Box 671 St. Albans VT 05478 Partner 2. Jolley, Bruce 180 Overtake Drive Colchester VT 05446 Social Security Date of Number Birth Place of Birth 1. On Fite On File Burlington, VT 2. On File On File Burlington, VT Was any person not born in the United States? Yes X No If naturalized citizen, please complete the following information: Name Court Where Naturalized Location (City/State/Zip Code) Date 11 ?Has any person been convicted or pleaded guilty to any crimina r tor eh cle offense in any court of law (including traffic tickets by mail)? XX Yes No If yes, please attach the following information: Individual's name, cour£ ra fic bureau, offense and date Does any person hold any elective or appointive state, county, city, village or town office in Vermont (See VSA, T.7, Ch.9, Sec. 223)? Yes XXNo If yes, please complete the following information: Name Office Jurisdiction ALL APPLICANTS MUST COMPLETE AND SIGN The applicant understands and agrees that the Liquor Control Board may obtain criminal history record information from State and Federal record repositories. I/We hereby certify, under the pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan approved by the Commissioner of Taxes to pay any and all taxes due the State of Vermont as of the date of this application. (VSA, Title 32, Section 3113) I/We hereby certify that I/We are not under an obligation to pay child support or that I/We are in good standing with respect to child support or are in full compliance with a plan to pay any and all child support payable under a support order. (VSA, Title 15, Section 795) In accordance with 21 VSA, Section 1378(b), I/We certify, under pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan to pay any and all contributions or payments in lieu of contributions due to the Department of Employment and Training. I/We have registered the trade name of these premises with the Secretary of State. Continued on next page Page 1 of 1 ' • STATE OF VERMONT DMV/PID: 7027722A DEPARTMENT OF MOTOR VEHICLES MONTPELIER, VT. PAGE: 0001 NAME: JOLLEY,BRUCE,A 05603-0001 01/15/08 ADDRESS: . VERMONT PID: 7027722A BIRTH DATE: 03-28-54 LICENSED OPERATOR. , NOT SUSPENDED LAST VT LIC: 2010 NO ACCIDENTS ENDORSEMENTS- NO CONVICTIONS/ADJUDICATIONS NO SUSPENSIONS/REVOCATIONS/DISQUALIFICATIONS END OF DATA hops://secure vPrm.,,-.+ "____, . . 2008 LIQIIOR LICENSE RENEWAL APPLICATION 406-007-SECN-01 SECOND CLASS LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 2 I/We hereby certify that the information in this application is true and complete. Dated at St. Albans , in the county of Franklin , and State of Vermont this 28th day of January 2008 Signature of authorized agent Signature of individual or partners of corporation, company, club or association (Title) Are you making this application for the benefit of any other party? _Yes X% No Upon being satisfied that the conditions precedent to the granting of this license as provided in Title 7 of the Vermont Statutes Annotated, as amended, have been fully met by the applicant, the commissioners will endorse their recommendation on the back of the applications and transmit both copies to the Liquor Control Board for suitable action thereon, before any license may be granted. For the information of the Liquor Control Control Board, all applications shall carry the signature of each individual commissioner registering either approval or disapproval. Lease or title must be recorded in town or city before issuance of license.::)i). e)/ Vermont, . /4i U DOQ APPROVED DISAPPROVED 1 Approved by Board of Control Commissioners of e City or 'own ofc i• 6 / ///1 Si Total Membership , members present Attest, 41.10 S , Town Clerk TOWN OR CITY CLERK SHALL MAIL BOTH COPIES OF APPROVED APPLICATIONS DIRECTLY TO: DEPARTMENT OF LIQUOR CONTROL GREEN MOUNTAIN DRIVE, DRAWER 20 MONTPELIER, VT 05620-4501 If application is disapproved, local control commissioners shall notify the applicant by letter. No formal action taken by any agency or authority of any town board of selectmen or city board of aldermen on a first or second class license application shall be considered binding except as taken or made at an open public meeting. VSA T-1,Sec.312 • 1 • • 2008 LIQUOR LICENSE RENEWAL APPLICATION 316-015-SECN-01 , • SECOND CLASS LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 1 Fee: $100.00 of which License Year Beginning May 1, 2008 ending April 30, 2009 $50.00 is paid to town/city $50.00 is paid to DLC Town: 04065 - SOUTH BURLINGTON FILE APPLICATION IN DUPLICATE MISREPRESENTATION OF A MATERIAL FACT ON ANY LICENSE APPLICATION SHALL BE GROUNDS FOR SUSPENSION OR REVOCATION CO? THE LICENSE, AFTER NOTICE AND HEARING Applicant: Review all of the information presented on this form, indicating any changes in the spaces provided. Applicant: Coco Mart, Inc. Doing Business As: Jiffy Mart Mailing Address: 110 Kennedy Drive 110 Kennedy Drive South Burlington VT 05403 South Burlington VT 05403 Telephone: (802) 865-0143 Description of Premises: Lessor: Store located in a wood and brick building approx. 1500 sq. feet in C.D. Cairns Trust size. Located at 110 Kennedy Drive in the City of South Burlington, PO Box 2126 Vermont. So. Burlington VT 05403 Last Enforcement Seminar: Date of Incorporation: 03/01/1990 State of Charter: Vermont Currently Valid Charter: Yes Federal ID Number: 03-0323725 Majority of Directors are US Citizens: Yes VT Residents: Yes ATTACH AN ADDITIONAL SHEET TO THIS APPLICATION NOTING ANY NECESSARY CORRECTIONS OR CHANGES AND UPDATES THAT HAVE OCCURRED DURING THE PAST YEAR. Corporation Name Address Town/City State Zip Code Director 1. Cairns, Charles Box 2307, Lake Rd. Charlotte VT 05445 Director 2. Cairns, Lynn Box 2307, Lake Rd. Charlotte VT 05445 Stockholder 3. Cairns, Bryan Box 2307, Lake Rd. Charlotte VT 05445 Stockholder 4. Cairns, Charles Box 2307, Lake Rd. Charlotte VT 05445 Stockholder 5. Cairns, Lynn Box 2307, Lake Rd. Charlotte VT 05445 Stockholder 6. Cairns, Michael Box 2307, Lake Rd. Charlotte VT 05445 Social Security Date of Number Birth Place of Birth 1. On File On File Burlington, VT 2. On File On File Burlington, VT 3. On File On File Burlington, VT 4. On File On File Burlington, VT 5. On File On File Burlington, VT 6. On File On File Burlington, VT . Was any director not born in the United States? Yes Vn,No If naturalized citizen, please complete the following information: Name Court Where Naturalized Location (City/State/Zip Code) Date Has any director or stockholder been convicted or pleaded guilty to any criminal or motor vehicle offense in any court of law (including traffic tickets by mail)? XX Yes No If yes, please attach the following information: Individual's name, court/traffic bureau, offense and date Does any director or stockholder of the corporation hold any el9ctive or appointive state, county, city, village or town office in Vermont (See VSA, T.7, Ch.9, Sec. 223)? _Yes 1/No If yes, please complete the following information: Name Office Jurisdiction ALL APPLICANTS MUST COMPLETE AND SIGN The applicant understands and agrees that the Liquor Control Board may obtain criminal history record information from State and Federal record repositories. Continued on next page • • • lm St. ® CO MART INC. 102A Eont, Claremont, NH 03743 Telephone: 6 03-542-8444 DBA Jiffy Mart Vermont Liquor Control Board Montpelier Vermont 05602 • Below is a list of Directors, Corporate Officers or Stockholders who have various driving violations: • Name Title Offense Date Charles Cairns President ES 10/21/1986 Charles Cairns President ES 03/19/1987 Charles Cairns President DE 10/27/1987 Lynn Cairns" Secretary ES 10/01/1986 Lynn Cairns Secretary ES 01/12/1987 Lynn Cairns Secretary ES 08/01/1991 Bryan Cairns Director ES 08/02/1997. Michael Cairns Director ES 06/25/1992 2008 LIQUOR LICENSE RENEWAL APPLICATION 316-015-SECN-61 f SECOND CLASS LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 2 I/We hereby certify, under the pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan approved by the Commissioner of Taxes to pay any and all taxes due the State of Vermont as of the date of this application. (VSA, Title 32, Section 3113) I/We hereby certify that I/We are not under an obligation to pay child support or that I/We are in good standing with respect to child support or are in full compliance with a plan to pay any and all child support payable under a support order. (VSA, Title 15, Section 795) In accordance with 21 VSA, Section 1378(b), I/We certify, under pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan to pay any and all contributions or payments in lieu of contributions due to the Department of Employment and Training. I/We have registered the trade name of these premises with the Secretary of State. I/We hereby certify that the information in this application is true and complete. Dated at Ci✓�2Err--)on/ y' , in the county of 5V1-" � and State of /✓mow this t1 day of ram, , ze©,F Signature of authorized agent Signature of individual or partners of corporation pany, club or association c- t v,9- ice'. (Title) Are you making this application for the benefit of any other party? _Yes No Upon being satisfied that the conditions precedent to the granting of.this license as provided in Title 7 of the Vermont Statutes Annotated, as amended, have been fully met by the applicant, the commissioners will endorse their recommendation on the back of the applications and transmit both copies to the Liquor Control Board for suitable action thereon, before any license may be granted. For the information of the Liquor Control Control Board, all applications shall carry the signature of each individual commissioner registering either approval or disapproval. Lease or title must be recorded in town or city before issuance of��license. 60'7leo/1)riA , Vermont, Z OI APPROVED DISAPPROVED Approved by Board of Control Commissioners of e City or own o Total Membership + � , members present Attest, Town Clerk TOWN OR CITY CLERK SHALL MAIL BOTH COPIES OF APPROVED APPLICATIONS DIRECTLY TO: DEPARTMENT OF LIQUOR CONTROL GREEN MOUNTAIN DRIVE, DRAWER 20 MONTPELIER, VT 05620-4501 If application is disapproved, local control commissioners shall notify the applicant by letter. No formal action taken by any agency or authority of any town board of selectmen or city board of aldermen on a first or second class license application shall be considered binding except as taken or made at an open public meeting. VSA T-1,Sec.312 2008 LIQUOR LICENSE RENEWAL APPLICATION 1967-001-1RST-01 FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 1 Fee: $200.00 of which License Year Beginning May 1, 2008 ending April 30, 2009 $100.00 is paid to town/city $100.00 is paid to DLC Town: 04065 - SOUTH BURLINGTON • FILE APPLICATION IN DUPLICATE MISREPRESENTATION OF A MATERIAL FACT ON ANY LICENSE APPLICATION SHALL BE GROUNDS FOR SUSPENSION OR REVOCATION OF TICE LICENSE, AFTER NOTICE AND HEARING Applicant: Review all of the information presented on this form, indicating any changes in the spaces provided. Applicant: Stelex Corporation Doing Business As: One Flight Up Mailing Address: Burlington International 1200 Airport Drive Airport / i Burlington INT'L Airport South Burlington VT 05403 R s ,.4 4(Z? South Burlington VT 05403 Telephone: (802) 86 Description of Premises: Lessor: Restaurant located on the 2nd floor of the Burlington International Burlington Internat. Airport Airport terminal and occupying 3500 sq. ft. and the mezzanine area of South Burlington VT 05403 800 sq. ft., at the Burlington International Airport, City of South Burlington, VT. Last Enforcement Seminar: 02/21/2007 Date of Incorporation: 12/12/1991 State of Charter: Vermont Currently Valid Charter: Yes Federal ID Number: 03-0331829 Majority of Directors are US Citizens: Yes VT Residents: Yes ATTACH AN ADDITIONAL SHEET TO THIS APPLICATION NOTING ANY NECESSARY CORRECTIONS OR CHANGES AND UPDATES THAT HAVE OCCURRED DURING THE PAST YEAR. Corporation Name Address Town/City State Zip Code Director 1. Rolecek, Charles F. 38 Perry Road Bedford NH 03110 Director 2. Bianchi, Douglas 83 Hemlock Road Milton VT 05468 Director 3. Somers, Thomas 65 Ledgewood Terrace Montpelier VT 05602 Stockholder 4. Rolecek, Charles F. 38 Perry Road Bedford NH 03110 Social Security Date of Number Birth Place of Birth 1. On File On File Chicago, IL 2. On File On File Barre, Vt. 3. On File On File Portland ME 4. On File On File Chicago, IL Was any director not born in the United States? Yes XNo If naturalized citizen, please complete the following information: Name Court Where Naturalized Location (City/State/Zip Code) Date Has any director or stockholder been convicted or pleaded guilty to any criminal or motor vehicle offense in any court of law (including traffic tickets by mail)? XX Yes No If yes, please attach the following information: Individual's name, court/traffic bureau, offense and date Does any director or stockholder of the corporation hold any_elective or appointive state, county, city, village or town office in Vermont (See VSA, T.7, Ch.9, Sec. 223)? _Yes XC No If yes, please complete the following information: Name Office Jurisdiction Vt. Dept. of Health Food License No.: 2798 Vt. Dept. of Health Lodging No.: Vt. Tax Dept. Meals & Rooms Cert./Acct. No.: 80929 Outside Consumption Permit?: XX Yes _No Are there any changes to this Outside Consumption area?: Yes .No (If yes, attach necessary information) Beer and wine service in a portion of the recently renovated Gates 1 and 2 area. Area consists of 700 square feet and has one access point for control. (Attachments : Sketch and letter of explanation. Continued on next page 2008 LIQUOR LICENSE RENEWAL APPLICATION 1967-001-1RST,-01 FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 2 Disclosure of Non-profit Organization?: Yes XXNo Amusement Machine Permit?: Yes XX No ALL APPLICANTS MUST COMPLETE AND SIGN The applicant understands and agrees that the Liquor Control Board may obtain criminal history record information from State and Federal record repositories. I/We hereby certify, under the pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan approved by the Commissioner of Taxes to pay any and all taxes due the State of Vermont as of the date of this application. (VSA, Title 32, Section 3113) I/We hereby certify that I/We are not under an obligation to pay child support or that I/We are in good standing with respect to child support or are in full compliance with a plan to pay any and all child support payable under a support order. (VSA, Title 15, Section 795) In accordance with 21 VSA, Section 1378(b), I/We certify, under pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan to pay any and all contributions or payments in lieu of contributions due to the Department of Employment and Training. I/We have registered the trade name of these premises with the Secretary of State. I/We hereby certify that the information in this application is true and complete. Dated at-S"+ , in the county of(t-cPs and State of ijc-''t- '-`'"T this -3 I day of .. 3 _* rs�..� , 7_c)OS Signature of authorized agent Signature of individual or partners of corporation, company, club or association -6644J'A'eta- Patigt (Title) Are you making this application for the benefit of any other party? Yes ) No WILL APPLICANT APPLY FOR A THIRD CLASS (SPIRITUOUS LIQUOR) LICENSE? X Yes No Upon being satisfied that the conditions precedent to the granting of this license as provided in Title 7 of the Vermont Statutes Annotated, as amended, have been fully met by the applicant, the commissioners will endorse their recommendation on the back of the applications and transmit both copies to the Liquor Control Board for suitable action thereon, before any license may be granted. For the information of the Liquor Control Control Board, all applications shall carry the signature of each individual commissioner registering either approval or disapproval. Lease or title must be recorded in town or city before issuance of /license.bv•6✓r/, , Vermont, '. , /1, DI GJ APPROVED DISAPPROVED Approved by Board of Control Commissioners of e City or own of a V , Total Membership 6 , members present Attest, ti. , Town Clerk TOWN OR CITY CLERK SHALL MAIL BOTH COPIES OF APPROVED APPLICATIONS DIRECTLY TO: DEPARTMENT OF LIQUOR CONTROL GREEN MOUNTAIN DRIVE, DRAWER 20 MONTPELIER, VT 05620-4501 If application is disapproved, local control commissioners shall notify the applicant by letter. No formal action taken by any agency or authority of any town board of selectmen or city board of aldermen on a first or second class license application shall be considered binding except as taken or made at an open public meeting. VSA T-1,Sec.312 • • 2008 LIQUOR LICENSE RENEWAL APPLICATION 4766-001-1RST-01 FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 1 Fee: $200.00 of which License Year Beginning May 1, 2008 ending April 30, 2009 $100.00 is paid to town/city $100.00 is paid to DLC Tower: 04065 - SOUTH BURLINGTON FILE APPLICATION IN DUPLICATE MISREPRESENTATION OF A MATERIAL FACT ON ANY LICENSE APPLICATION SHALL BE GROUNDS FOR SUSPENSION OR REVOCATION OF THE LICENSE, AFTER NOTICE AND HEARING Applicant: Review all of the information presented on this form, indicating any changes in the spaces provided. Applicant: McGrath Enterprizes, Ltd. Doing Business As: Rotisserie, The Mailing Address: 1355 Williston Road 1355 Williston Road South Burlington VT 05403 South Burlington VT 05403 Telephone: (802) 658-1838 Description of Premises: Lessor: A restaurant in a one story wood frame building situated on the Sean P. McGrath southerly side of Williston Road, east of Hinesburg Road at 1355, South Burlington Vt in the City of South Burlington, Vermont. Last Enforcement Seminar: Date of Incorporation: 01/02/2002 State of Charter: Vermont Currently Valid Charter: Yes Federal ID Number: 10-0002289 Majority of Directors are US Citizens: Yes VT Residents: Yes ATTACH AN ADDITIONAL SHEET TO THIS APPLICATION NOTING ANY NECESSARY CORRECTIONS OR CHANGES AND UPDATES THAT HAVE OCCURRED DURING THE PAST YEAR. Corporation Name Address Town/City State Zip Code Director 1. McGrath, Sean 3 Butler Drive South Burlington VT 05403 Director 2. McGrath, Brendan 10 Dairy Lane South Burlington VT 05403 Director 3. McGrath, Keelin 33 Tamarack Lane Essex Junction VT 05452 Director 4. McGrath, Jennifer 3 Butler Drive South Burlington VT Stockholder 5. McGrath, Sean 3 Butler Drive South Burlington VT 05403 Stockholder 6. McGrath, Brendan 10 Dairy Lane South Burlington VT 05403 Stockholder 7. McGrath, Keelin 33 Tamarack Lane Essex Junction VT 05452 Stockholder 8. McGrath, Jennifer 3 Butler Drive South Burlington VT Social Security Date of Number Birth Place of Birth 1. On File On File Burlington, Vt 2. On File On File Burlington, Vt. 3. On File On File South Burl. Vt 4. On File ' On File Elmira, NY 5. On File On File Burlington, Vt 6. On File On File Burlington, Vt. 7. On File On File South Burl. Vt 8. On File On File Elmira, NY Was.any director not born in the United States? Yes ,LNo If naturalized citizen, please complete the following information: Name Court Where Naturalized Location (City/State/Zip Code) Date Has any director or stockholder been convicted�r plfta'ia9 guilty to any criminal or motor vehicle offense in any court of law (including traffic tickets by mail)?� Yes _.J0o If yes, pl e attach�f the following in orma is In....iduuaall's name, cour traffic bt/reeau offe date Does any d i4 ock Ke corporation hold Z live o i ve`Sfat' un , city, vet/o�w(,,,�/1 office in Vermont (See VSA, T.7, Ch.9, Sec. 223)? _Yes • No `-� If yes, please complete the following information: A OD 7. e6/eY ,sr) Name Office Jurisdiction „/�,�rakk -- Vt. Dept. of Health Food License No.: 2205 L Yr ' /► Vt. Dept. of Health Lodging No.: �f ( I�i C ' LL Vt. Tax Dept. Meals & Rooms Cert./Acct. No.: K10057996F Continued on next page 2008 LIQUOR LICENSE RENEWAL APPLICATION 4766-001-1RSTw0'1 -v . FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 2 Outside Consumption Permit?: XX Yes No Are there any changes to this Outside Consumption area?: Yes No (If yes, attach necessary information) 20x10 foot area on East side of restaurant, with two sides being fenced in and remaining sides are bordered by restaurant. Area is black top but not using parking spaces nor visible to parking lot. April 1st through November 1st 11:00 a.m. to 10:00 p.m. Disclosure of Non-profit Organization?: XX Yes _No Are there any changes to the Disclosure of Non-profit Organization information?: Yes ✓ No (If yes, attach necessary information) Homeshare VT, 187 St. Paul St, Burlington contact Kirby Dunn, 651-0881 VT Breakopen Tickets, Mark Lamphere, 17 Brook Dr, Burlington 862-7957 members: Keelin McGrath, Courtney Brown, Richard Hart, Bridget McGrath Lysa Weisman, Lynnia Pope-Hier, Brendan McGrath, Jack Kell, Patricia Mortimer, Paula Verrastro Amusement Machine Permit?: Yes XX No ALL APPLICANTS MUST COMPLETE AND SIGN The applicant understands and agrees that the Liquor Control Board may obtain criminal history record information from State and Federal record repositories. I/We hereby certify, under the pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan approved by the Commissioner of Taxes to pay any and all taxes due the State of Vermont as of the date of this application. (VSA, Title 32, Section 3113) I/We hereby certify that I/We are not under an obligation to pay child support or that I/We are in good standing with respect to child support or are in full compliance with a plan to pay any and all child support payable under a support order. (VSA, Title 15, Section 795) In accordance with 21 VSA, Section 1378(b), I/We certify, under pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan to pay any and all contributions or payments in lieu of contributions due to the Department of Employment and Training. I/We have registered the trade name of these premises with the Secretary of State. I/We hereby certify that the information in this application is true and complete. Dated at ►1n( 00 J f19M t , in the county of 6% ` Gam+ , and State of V this -1* day of 0yx c� PO Signature of authorized a rrf \ Signature of individual or partners of corporation, comp club asso iaticr hi- r- (). /M 14P,/ '°-- (Title) Are you making this application for the benefit of any other party? _Yes velo / WILL APPLICANT APPLY FOR A THIRD CLASS (SPIRITUOUS LIQUOR) LICENSE? ✓ Yes No Continued on next page 2008 LIQUOR LICENSE RENEWAL APPLICATION 4766-001-1RST-01 FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 3 Upon being satisfied that the conditions precedent to the granting of this license as provided in Title 7 of the Vermont Statutes Annotated, as amended, have been fully met by the applicant, the commissioners will endorse their recommendation on the back of the applications and transmit both copies to the Liquor Control Board for suitable action thereon, before any license may be granted. For the information of the Liquor Control Control Board, all applications shall carry the signature of each individual commissioner registering either approval or disapproval. Lease or title must be recorded in town or city before issuance of liicenfse. C .i7,1el/lr//d #? nont, th / CJ APPROVED DISAPPROVED Approved by Board of Control Commissioners of he'City or Town o .(�JV�I/ �%i( iii Total Membership :5 members present Attest, _ 1". Town Clerk TOWN OR CITY CLERK SHALL MAIL BOTH COPIES OF APPROVED APPLICATIONS DIRECTLY TO: DEPARTMENT OF LIQUOR CONTROL GREEN MOUNTAIN DRIVE, DRAWER 20 MONTPELIER, VT 05620-4501 If application is disapproved, local control commissioners shall notify the applicant by letter. No format action taken by any agency or authority of any town board of selectmen or city board of aldermen on a first or second class license application shall be considered binding except as taken or made at an open public meeting. VSA T-1,Sec.312 • 2008 LIQUOR LICENSE RENEWAL APPLICATION 5842-001-1RSTr01 ' FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 1 Fee: $200.00 of which License Year Beginning May 1, 2008 ending April 30, 2009 $100.00 is paid to town/city $100.00 is paid to DLC Town: 04065 - SOUTH BURLINGTON FILE APPLICATION IN DUPLICATE MISREPRESENTATION OF A MATERIAL FACT ON ANY LICENSE APPLICATION SHALL BE GROUNDS FOR SUSPENSION OR REVOCATION OF THE LICENSE, AFTER NOTICE AND HEARING Applicant: Review all of the information presented on this form, indicating any changes in the spaces provided. Applicant: Vermont Wings, LLC Doing Business As: Hooters Mailing Address: 1705 Williston Road 141 Mullen Avenue South Burlington VT 05403 Westfield MA 01085 Telephone: (802) 660-8658 Description of Premises: Lessor: Restaurant located within a one story brick and block constructed Gabriel Handy building being approximately 5,300 square feet in size, designated Shelburne VT 05482 as 1705 Williston Road, in the City of South Burlington, Vermont. Last Enforcement Seminar: 10/27/2007 Filed Articles of Organization: Yes Date Filed: 09/07/2004 Federal ID Number: 20-1603816 Majority of Members are US Citizens: MS VT Residents: Yes ATTACH AN ADDITIONAL SHEET TO THIS APPLICATION NOTING ANY NECESSARY CORRECTIONS OR CHANGES AND UPDATES THAT HAVE OCCURRED DURING TICE PAST YEAR. Limited Liability Company Name Address Town/City State Zip Code Member 1. Higgins, Thomas M. 253 South Union Street Burlington VT 05401 Member 2. Lockwood, Jefferson A6 Stonehedge Drive South Burlington VT 05403 Social Security Date of Number Birth Place of Birth 1. On File Newark NJ 2. On File On File Springfield MA Was any person not born in the United States? Yes t/No If naturalized citizen, please complete the following information: Name Court Where•Naturalized Location (City/State/Zip Code) Date • Has any person been convicted or pleaded guilty to any criminal or motor vehicle offense in any court of law (including traffic tickets by mail)? XX Yes No 1p If yes/ lease attach the fo,IL ing information: �Inddivid al''ssjname cou t�traffic bureau, of ense and date' Does en person old any eledtfvo-�er'p o i OtAte,`cou i 1 [age town office in Ve5'nlsnt (See VSA, T.7, Ch.9, Sec. 223)? Yes leIN0 If yes, please complete the following information: Name Office Jurisdiction Vt. Dept. of Health Food License No.: 1157 Vt. Dept. of Health Lodging No.: Vt. Tax Dept. Meals & Rooms Cert./Acct. No.: 440-201603816-f01 Outside Consumption Permit?: Yes XX No Disclosure of Non-profit Organization?: Yes XXNo Amusement Machine Permit?: Yes XX No ALL APPLICANTS MUST COMPLETE AND SIGN The applicant understands and agrees that the Liquor Control Board may obtain criminal history record information from State and Federal record repositories. Continued on next page • Y 2008 LIQUOR LICENSE RENEWAL APPLICATION 5842-001-1RST-01 FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 2 I/We hereby certify, under the pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan approved by the Commissioner of Taxes to pay any and all taxes due the State of Vermont as of the date of this application. (VSA, Title 32, Section 3113) 'I/We hereby certify that I/We are not under an obligation to pay child support or that I/We are in good standing with respect to child support or are in full compliance with a plan to pay any and all child support payable under a support order. (VSA, Title 15, Section 795) In accordance with 21 VSA, Section 1378(b), I/We certify, under pains and penalties of perjury, th,t I/We are in good standing with respect to or in full compliance with a plan to pay any and all contributions or payments in lieu of contributions due to the Department of Employment and Training. I/We have registered the trade name of these premises with the Secretary of State. I/We her''% certify that Ole informa++]onn iij this application is .trru/e and complete. �— uiiu Dated at w - 'JEj ; t"+�e o ty�Hof c IA/tt�{QA ev\jand State ofVC--'111AMIC4-4—/t. ithis ! 3 day of ti Signature of authorized agent Signature of individual or partners of corpor ti , company, club asso'ta1ion 14)T-11&4464 1/144'141/14 (Title) Are you making this application for the benefit of any other party? _Yes _No WILL APPLICANT APPLY FOR A THIRD CLASS (SPIRITUOUS LIQUOR) LICENSE? Yes No Upon being satisfied that the conditions precedent to the granting of this license as provided in Title 7 of the Vermont Statutes Annotated, as amended, have been fully met by the applicant, the commissioners will endorse their recommendation on the back of the applications and transmit both copies to the Liquor Control Board for suitable action thereon, before any license may be granted. For the information of the Liquor Control Control Board, all applications shall carry the signature of each individual commissioner registering either approval or disapproval. Lease or title must be recorded in town or city before issuance of license. r� �iJ• Vrl/TA�(JI , Vermont, �� 4�[�, AvDg APPROVED DISAPPROVED Approved by Board of Control Commissioners of th City or own of A% Hu.. 4 L Total Membership 6 members present Attest, , Town Clerk TOWN OR CITY CLERK SHALL MAIL BOTH COPIES OF APPROVED APPLICATIONS DIRECTLY TO: DEPARTMENT OF LIQUOR CONTROL GREEN MOUNTAIN DRIVE, DRAWER 20 MONTPELIER, VT 05620-4501 If application is disapproved, local control commissioners shall notify the applicant by letter. No formal action taken by any agency or authority of any town board of selectmen or city board of aldermen on a first or second class license application shall be considered binding except as taken or made at an open public meeting. VSA T-1,Sec.312 Additional Liquor Licenses: For Council Meeting April 7, 2008 Name Address Silver Palace 1216 Williston Rd Short Stop# 105 1314 Williston Rd Jiffy Mart 110 Kennedy Dr One Flight UP Burlington Airport Rotisserie 1355 Williston Rd Hooters 1705 Williston Rd 2008 LIQUOR LICENSE RENEWAL APPLICATION 1969-001-1RST-01 FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 1 Fee: $200.00 of which License Year Beginning May 1, 2008 ending April 30, 2009 $100.00 is paid to town/city $100.00 is paid to DLC Town: 04065 - SOUTH BURLINGTON FILE APPLICATION IN DUPLICATE MISREPRESENTATION OF A MATERIAL FACT ON ANY LICENSE APPLICATION SHALL BE GROUNDS FOR SUSPENSION OR REVOCATION OF THE LICENSE, AFTER NOTICE AND HEARING Applicant: Review all of the information presented on this form, indicating any changes in the spaces provided. Applicant: Szechuan East-Restaurant Corp. Doing Business As: Silver Palace Mailing Address: 1216 Williston Road 1216 Williston Road South Burlington VT 05403 South Burlington VT 05403 Telephone: (802) 864-0125 Description of Premises: Lessor: Restaurant in a 1 story cement block building on the north side of Merrill Jarvis Rt. 2 (Williston Rd.) designated as 1216 Williston Rd., in the City 1210 Williston Road of South Burlington, VT. South Burlington VT 05403 Last Enforcement Seminar: 12/13/2006 Date of Incorporation: 07/03/1986 State of Charter: Vermont Currently Valid Charter: Yes Federal ID Number: 03-0304864 Majority of Directors are US Citizens: . Yes VT Residents: Yes ATTACH AN ADDITIONAL SHEET TO THIS APPLICATION NOTING ANY NECESSARY CORRECTIONS OR CHANGES AND UPDATES THAT HAVE OCCURRED DURING THE PAST YEAR. Corporation Name Address Town/City State Zip Code Director 1. Lee, Edward E-9 Stonehedge Dr. South Burlington VT 05403 Director 2. Ng, Kin Ting 135 Sadler Road Williston VT 05495 Director 3. Wong, Ken 177 Sadler Lane Williston VT 05495 Stockholder 4. Lee, Edward E-9 Stonehedge Dr. South Burlington VT 05403 Stockholder 5. Lee, Kenneth 350 Spear St. South Burlington VT 05403 Stockholder 6. Chu, Wai King L-6 Stonehedge Dr. South Burlington VT 05403 Stockholder 7. Ng, Nang 328 Sander Circle Erie CO 80516 Stockholder 8. Louie, Hung 291 Sander Circle Erie CO 80516 Social Security Date of Number Birth Place of Birth 1. On File On File Hong Kong 2. On File On File Hong Kong 3. On File On File Hong Kong 4. On File On File Hong Kong 5. On File On File San Francisco, CA 6. On File On File Hong Kong 7. On File On File Hong Kong 8. On File On File Additional stockholders are on file Was'any director not born in the United States? V Yes No If naturalized citizen, please complete the following information: Name Court Where Naturalized Location (City/State/Zip Code) Date Lee, Edward Eastern District NY NY 08/02/1972 Wong, Ken Eastern District Court New York NY 04/12/1988 Has any director or stockholder been convicted or pleaded gAW to ny cr" inal or motor vehicle offense in any court of law (including traffic tickets by mail)? XX Yes No q If yes, please attach the following information: Individual's name, o traffic bureau, offense and date Does any director or stockholder of the corporation hold any e�l tive or appointive state, county, city, village or town office in Vermont (See VSA, T.7, Ch.9, Sec. 223)? Yes V No If yes, please complete the following information: Name Office Jurisdiction Continued on next page • Silver Palace 1216 Williston Road South Burlington, Vermont 05403 (802)864-0125 Stockholder Motor Vehicle Offense Edward Lee 04/87 Burlington District Court, Speeding Ken Wong 04/87 Burlington District Court, Speeding 06/87 Burlington District Court, Speeding 05/88 Burlington District Court, Speeding 4 • • • 2008 LIQUOR LICENSE RENEWAL APPLICATION 1969-001-1RST-01 FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 2 Vt. Dept. of Health Food License No.: 1427 Vt. Dept. of Health Lodging No.: Vt. Tax Dept. Meals & Rooms Cert./Acct. No.: 15615 Outside Consumption Permit?: _Yes XX No Disclosure of Non-profit Organization?: _Yes XXNo Amusement Machine Permit?: Yes XX No ALL APPLICANTS MUST COMPLETE AND SIGN The applicant understands and agrees that the Liquor Control Board may obtain criminal history record information from State and Federal record repositories. I/We hereby certify, under the pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan approved by the Commissioner of Taxes to pay any and all taxes due the State of Vermont as of the date of this application. (VSA, Title 32, Section 3113) I/We hereby certify that I/We are not under an obligation to pay child support or that I/We are in good standing with respect to child support or are in full compliance with a plan to pay any and all child support payable under a support order. (VSA, Title 15, Section 795) In accordance with 21 VSA, Section 1378(b), I/We certify, under pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan to pay any and all contributions or payments in lieu of contributions due to the Department of Employment and Training. I/We have registered the trade name of these premises with the Secretary of State. I/We her ,certify tha the tgration in this application is true and complete. Dated at 500-1 1 egn-fIK[ ni k1, in the county of Ct/f'f f , and State of Veti4)3--)0 ' this day of 04Cardr\ Z'ao g-- Signature of authorized agent Signature of individual or partners of corporation, company, club or association i2,dala,(ese c t-e-Fet r-r-3 (Title) Are you making this application for the benefit of any other party? _Yes v No WILL APPLICANT APPLY FOR A THIRD CLASS (SPIRITUOUS LIQUOR) LICENSE? Li es No Upon being satisfied that the conditions precedent to the granting of this license as provided in Title 7 of the Vermont Statutes Annotated, as amended, have been fully met by the applicant, the commissioners will endorse their recommendation on the back of the applications and transmit both copies to the Liquor Control Board for suitable action thereon, before any license may be granted. For the information of the Liquor Control Control Board, all applications shalt carry the signature of each individual commissioner registering either approval or disapproval. Lease or title must be recorded in town or city before issuance of license. 9 " � Y wog V r ermont, APPROVED DISAPPROVED Approved by Board of Control Commissioners of a City or .wn of ' V 1"t lei a Total Membership j/. , members present Attest, C, Town Clerk Continued on next page 2008 LIQUOR LICENSE RENEWAL APPLICATION 1969-001-1RST-01 FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 3 TOWN OR CITY CLERK SHALL MAIL BOTH COPIES OF APPROVED APPLICATIONS DIRECTLY TO: DEPARTMENT OF LIQUOR CONTROL GREEN MOUNTAIN DRIVE, DRAWER 20 MONTPELIER, VT 05620-4501 If application is disapproved, local control commissioners shall notify the applicant by letter. No formal action taken by any agency or authority of any town board of selectmen or city board of aldermen on a first or second class license application shall be considered binding except as taken or made at an open public meeting. VSA T-1,Sec.312 2008 LIQUOR LICENSE RENEWAL APPLICATION 406-007-SECN-01 SECOND CLASS LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 1 Fee: $100.00 of which License Year Beginning May 1, 2008 ending April 30, 2009 $50.00 is paid to town/city $50.00 is paid to DLC Town: 04065 - SOUTH BURLINGTON FILE APPLICATION IN DUPLICATE MISREPRESENTATION OF A MATERIAL FACT ON ANY LICENSE APPLICATION SHALL BE GROUNDS FOR SUSPENSION OR REVOCATION OF THE LICENSE, AFTER NOTICE AND HEARING Applicant: Review all of the information presented on this form, indicating any changes in the spaces provided. ' Applicant: Jolley, Bruce & Robert/Jolley Associates Doing Business As: Short Stop #105 Mailing Address: 1314 Williston Road P.O. Box 671 South Burlington VT 05403 St. Albans VT 05478-0671 Telephone: (802) 658-4635 Description of Premises: Premises: XX Owned Leased Grocery store in a one story building approx. 936 sq. ft. located on the northwest corner of intersection of Williston Rd. & Patchen Rd. designated as 1314 Williston Rd., City of South Burlington, VT. Last Enforcement Seminar: 10/02/2007 ATTACH AN ADDITIONAL SHEET TO THIS APPLICATION NOTING ANY NECESSARY CORRECTIONS OR CHANGES AND UPDATES THAT HAVE OCCURRED DURING THE PAST YEAR. Partnership Name Address Town/City State Zip Code 138 Congress St. Partner 1. Jolley, Robert Po Box 671 St. Albans VT 05478 Partner 2. Jolley, Bruce 180 Overtake Drive Colchester VT 05446 Social Security Date of Number Birth Place of Birth 1. On File On File Burlington, VT 2. On File On File Burlington, VT Was any person not born in the United States? _Yes MENo If naturalized citizen, please complete the following information: Name Court Where Naturalized Location (City/State/Zip Code) Date Has any person been convicted or pleaded guilty to any crimina r tor eh cle offense in any court of law (including traffic tickets by mail)? XX Yes No 4 If yes, please attach the following information: Individual's name, ra fic bureau, offense and date Does any person hold any elective or appointive state, county, city, village or town office in Vermont (See VSA, T.7, Ch.9, Sec. 223)? Yes XXNo If yes, please complete the following information: Name Office Jurisdiction ALL APPLICANTS MUST COMPLETE AND SIGN . The applicant understands and agrees that the Liquor Control Board may obtain criminal- history record information from State and Federal record repositories. I/We hereby certify, under the pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan approved by the Commissioner of Taxes to pay any and all taxes due the State of Vermont as of the date of this application. (VSA, Title 32, Section 3113) I/We hereby certify that I/We are not under an obligation to pay child support or that I/We are in good standing with respect to child support or are in full compliance with a plan to pay any and all child support payable under a support order. (VSA, Title 15, Section 795) In accordance with 21 VSA, Section 1378(b), I/We certify, under pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan to pay any and all contributions or payments in lieu of contributions due to the Department of Employment and Training. I/We have registered the trade name of these premises with the Secretary of State. Continued on next page • n dv • Page 1 o£1 • STATE OF VERMONT DMV/PID: 7027722A DEPARTMENT OF MOTOR VEHICLES MONTPELIER, VT. PAGE: 0001 NAME: JOLLEY,BRUCE,A 05603-0001 01/15/08 ADDRESS VERMONT PID: 7027722A BIRTH DATE: 03-28-54 LICENSED OPERATOR. , NOT SUSPENDED LAST VT LIC: 2010 NO ACCIDENTS , ENDORSEMENTS- NO CONVICTIONS/ADJUDICATIONS NO SUSPENSIONS/REVOCATIONS/DISQUALIFICATIONS END OF DATA https://Secure • , . — ti ' ., ' 2008 LIQUOR LICENSE RENEWAL APPLICATION 406-007-SECN-01 SECOND CLASS LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 2 I/We hereby certify that the information in this application is true and complete. Dated at St. Albans , in the county of Franklin , and State of Vermont this 28th day of January 2008 Signature of authorized agent Signature of individual or partners of corporation, company, club or association (Title) Are you making this application for the benefit of any other party? _Yes X% No Upon being satisfied that the conditions precedent to the granting of this license as provided in Title 7 of the Vermont Statutes Annotated, as amended, have been fully met by the applicant, the commissioners will endorse their recommendation on the back of the applications and transmit both copies to the Liquor Control Board for suitable action thereon, before any license may be granted. For the information of the Liquor Control Control Board, all applications shall carry the signature of each individual commissioner registering either approval or disapproval. Lease or title must be recorded in town or city before issuance of license. 5o:�v/� � ---‘1 �?� � Vermont, �� APPROVED DISAPPROVED Approved by Board of Control Commissioners of e City or own of. t ,�)l)r/// ! On Total Membership 3. , members present Attest, , Town Clerk TOWN OR CITY CLERK SHALL MAIL BOTH COPIES OF APPROVED APPLICATIONS DIRECTLY TO: DEPARTMENT OF LIQUOR CONTROL GREEN MOUNTAIN DRIVE, DRAWER 20 MONTPELIER, VT 05620-4501 If application is disapproved, local control commissioners shall notify the applicant by letter. No formal action taken by any agency or authority of any town board of selectmen or city board of aldermen on a first or second class license application shall be considered binding except as taken or made at an open public meeting. VSA T-1,Sec.312 . s. • 2008 LIQUOR LICENSE RENEWAL APPLICATION 316-015—SECN:01 SECOND CLASS LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 1 License Year Beginning May 1, 2008 ending April 30, 2009 Fee: $$5 0.0 0 is which $50.00 is paid to town/city $50.00 is paid to DLC Town: 04065 - SOUTH BURLINGTON FILE APPLICATION IN DUPLICATE MISREPRESENTATION CO? A MATERIAL FACT ON ANY LICENSE APPLICATION SHALL BE GROUNDS FOR SUSPENSION OR REVOCATION OF THE LICENSE, AFTER NOTICE AND HEARING Applicant: Review all of the information presented on this form, indicating any changes in the spaces provided. Applicant: Coco Mart, Inc. Doing Business As: Jiffy Mart Mailing Address: 110 Kennedy Drive 110 Kennedy Drive South Burlington VT 05403 South Burlington VT 05403 Telephone: (802) 865-0143 Description of Premises: Lessor: Store located in a wood and brick building approx. 1500 sq. feet in C.D. Cairns Trust size. Located at 110 Kennedy Drive in the City of South Burlington, PO Box 2126 Vermont. So. Burlington VT 05403 Last Enforcement Seminar: v) 04 /`: Date of Incorporation: 03/01/1990 State of Charter: Vermont Currently Valid Charter: Yes Federal ID Number: 03-0323725 Majority of Directors are US Citizens: Yes VT Residents: Yes ATTACH AN ADDITIONAL SHEET TO THIS APPLICATION NOTING ANY NECESSARY CORRECTIONS OR CHANGES AND UPDATES THAT HAVE OCCURRED DURING THE PAST YEAR. Corporation Name Address Town/City State Zip Code Director 1. Cairns, Charles Box 2307, Lake Rd. Charlotte . VT 05445 Director 2. Cairns, Lynn Box 2307, Lake Rd. Charlotte VT 05445 Stockholder 3. Cairns, Bryan Box 2307, Lake Rd. Charlotte VT 05445 Stockholder 4. Cairns, Charles Box 2307, Lake Rd. Charlotte VT 05445 Stockholder 5. Cairns, Lynn Box 2307, Lake Rd. Charlotte VT 05445 Stockholder 6. Cairns, Michael Box 2307, Lake Rd. Charlotte VT 05445 Social Security Date of Number Birth Place of Birth 1. On File On File Burlington, VT 2. On File On File Burlington, VT 3. On File On File Burlington, VT 4. On File On File Burlington, VT 5. On File On File Burlington, VT 6. On File On File Burlington, VT . Was any director not born in the United States? Yes ✓No If naturalized citizen, please complete the following information: Name Court Where Naturalized Location (City/State/Zip Code) Date Has any director or stockholder been convicted or pleaded guilty to any criminal or motor vehicle offense in any court of law (including traffic tickets by mail)? XX Yes No If yes, please attach the following information: Individual's name, court/traffic bureau, offense and date Does any director or stockholder of the corporation hold any elective or appointive state, county, city, village or town office in Vermont (See VSA, T.7, Ch.9, Sec. 223)? _Yes ✓No If yes, please complete the following information: Name Office Jurisdiction ALL APPLICANTS MUST COMPLETE AND SIGN The applicant understands and agrees that the Liquor Control Board may obtain criminal history record information from State and Federal record repositories. Continued on next page C- 11 CO MART ONCE 102A Elm.St. Claremont, NH 03743. Telephone: 6 03-542-8444 DBA Jiffy Mart Vermont Liquor Control Board Montpelier Vermont 05602 Below is a list of Directors, Corporate Officers or Stockholders who have various driving violations: • Name Title Offense Date Charles Cairns President ES 10/21/1986 Charles Cairns President ES 03/19/1987 Charles Cairns President DE 10/27/1987 Lynn Cairns . Secretary ES 10/01/1986 Lynn Cairns Secretary ES 01/12/1987 Lynn Cairns Secretary ES 08/01/1991 Bryan Cairns . Director ES 08/02/1997. Michael Cairns Director ES 06/25/1992 , 2008 LIQUOR LICENSE RENEWAL APPLICATION 316-015-SECN.,O1 SECOND CLASS LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 2 I/We hereby certify, under the pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan approved by the Commissioner of Taxes to pay any and all taxes due the State of Vermont as of the date of this application. (VSA, Title 32, Section 3113) I/We hereby certify that I/We are not under an obligation to pay child support or that I/We are in good standing with respect to child support or are in full compliance with a plan to pay any and all child support payable under a support order. (VSA, Title 15, Section 795) In accordance with 21 VSA, Section 1378(b), I/We certify, under pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan to pay any and all contributions or payments in lieu of contributions due to the Department of Employment and Training. I/We have registered the trade name of these premises with the Secretary of State. I/We hereby certify that the information in this application is true and complete. Dated at L[-e-4f2E'n-,ON 7•' , in the county of 51/Li_/ " " ,4.Y,.S�vi/2G and State of /✓6C- 4/ this day of fff-j) , �Di ' • Signature of authorized agent Signature of individual or partners of corporation .:ny, club or association ff?lat /7-r cr-celZ. /4:). 0./9. (Title) Are you making this application for the benefit of any other party? _Yes No Upon being satisfied that the conditions precedent to the granting of.this license as provided in Title 7 of the Vermont Statutes Annotated, as amended, have been fully met by the applicant, the commissioners will endorse their recommendation on the back of the applications and transmit both copies to the Liquor Control Board for suitable action thereon, before any license may be granted. For the information of the Liquor Control Control Board, all applications shall carry the signature of each individual commissioner registering either approval or disapproval. Lease or title must be recorded in town or city before issuance of license. 104 411J[Jril� Vermont, APPROVED DISAPPROVED • Approved by Board of Control Commissioners of own o I ►/ /,��i% Total Membership , members present Attest, '' ` Town Clerk TOWN OR CITY CLERK SHALL MAIL BOTH COPIES OF APPROVED APPLICATIONS DIRECTLY TO: DEPARTMENT OF LIQUOR CONTROL GREEN MOUNTAIN DRIVE, DRAWER 20 MONTPELIER, VT 05620-4501 If application is disapproved, local control commissioners shall notify the applicant by letter. No formal action taken by any agency or authority of any town board of selectmen or city board of aldermen on a first or second class license application shall be considered binding except as taken or made at an open public meeting. VSA T-1,Sec.312 4 • 2008 LIQUOR LICENSE RENEWAL APPLICATION 1967-001-1RST-01 FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 1 Fee: $200.00 of which License Year Beginning May 1, 2008 ending April 30, 2009 $100.00 is paid to town/city $100.00 is paid to DLC Town: 04065 - SOUTH BURLINGTON • FILE APPLICATION IN DUPLICATE MISREPRESENTATION OF A MATERIAL FACT ON ANY LICENSE APPLICATION SHALL BE GROUNDS FOR SUSPENSION OR REVOCATION OF THE LICENSE, AFTER NOTICE AND HEARING Applicant: Review all of the information presented on this form, indicating any changes in the spaces provided. Applicant: Stelex Corporation Doing Business As: One Flight Up Mailing Address: Burlington International 1200 Airport Drive Airport i Burlington INT'L Airport r(South Burlington VT 05403 �k ° South Burlington VT 05403 Telephone: (802) 86 - Description of Premises: Lessor: Restaurant located on the 2nd floor of the Burlington International Burlington Internat. Airport Airport terminal and occupying 3500 sq. ft. and the mezzanine area of South Burlington VT 05403 800 sq. ft., at the Burlington International Airport, City of South Burlington, VT. Last Enforcement Seminar: 02/21/2007 Date of Incorporation: 12/12/1991 State of Charter: Vermont Currently Valid Charter: Yes Federal 41.D Number: 03-0331829 Majority of Directors are US Citizens: Yes VT Residents: Yes ATTACH AN ADDITIONAL SHEET TO THIS APPLICATION NOTING ANY NECESSARY CORRECTIONS OR CHANGES AND UPDATES THAT HAVE OCCURRED DURING THE PAST YEAR. Corporation Name Address Town/City State Zip Code Director 1. Rolecek, Charles F. 38 Perry Road Bedford NH 03110 Director 2. Bianchi, Douglas 83 Hemlock Road Milton VT 05468 Director 3. Somers, Thomas 65 Ledgewood Terrace Montpelier VT 05602 Stockholder 4. Rolecek, Charles F. 38 Perry Road Bedford NH 03110 Social Security Date of Number Birth Place of Birth 1. On File On File Chicago, IL 2. On File On File Barre, Vt. 3. On File On File Portland ME 4. On File On File Chicago, IL Was any director not born in the United States? Yes XNo If naturalized citizen, please complete the following information: Name Court Where Naturalized Location (City/State/Zip Code) Date Has any director or stockholder been convicted or pleaded guilty to any criminal or motor vehicle offense in any court of law (including traffic tickets by mail)? XX Yes No If yes, please attach the following information: Individual's name, court/traffic bureau, offense and date Does any director or stockholder of the corporation hold any effective or appointive state, county, city, village or town office in Vermont (See VSA, T.7, Ch.9, Sec. 223)? Yes No If yes, please complete the following information: Name Office Jurisdiction Vt. Dept. of Health Food License No.: 2798 Vt. Dept. of Health Lodging No.: Vt. Tax Dept. Meals & Rooms Cert./Acct. No.: 80929 Outside Consumption Permit?: XX Yes No Are there any changes to this Outside Consumption area?: _Yes No (If yes, attach necessary information) Beer and wine service in a portion of the recently renovated Gates 1 and 2 area. Area consists of 700 square feet and has one access point for control. (Attachments : Sketch and letter of explanation. Continued on next page 2008 LIQUOR LICENSE RENEWAL APPLICATION 1967-001-1RST-01 • FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 2 Disclosure of Non-profit Organization?: _Yes XXNo Amusement Machine Permit?: Yes XX No ALL APPLICANTS MUST COMPLETE AND SIGN The applicant understands and agrees that the Liquor Control Board may obtain criminal history record information from State and Federal record repositories. I/We hereby certify, under the pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan approved by the Commissioner of Taxes to pay any and all taxes due the State of Vermont as of the date of this application. (VSA, Title 32, Section 3113) I/We hereby certify that I/We are not under an obligation to pay child support or that I/We are in good standing with respect to child support or are in full compliance with a plan to pay any and all child support payable under a support order. (VSA, Title 15, Section 795) In accordance with 21 VSA, Section 1378(b), I/We certify, under pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan to pay any and all contributions or payments in lieu of contributions due to the Department of Employment and Training. I/We have registered the trade name of these premises with the Secretary of State. I/We hereby certify that the information in this application is true and complete. Dated at S+ on) , in the county of #- ' c - , and State of ijc"1-L.(14 '-- this - t day of -�' , 2-0118 Signature of authorized agent Signature of individual or partners of corporation, company, club or association .644-1-/A"eta• P ; (Title) Are you making this application for the benefit of any other party? _Yes )(No WILL APPLICANT APPLY FOR A THIRD CLASS (SPIRITUOUS LIQUOR) LICENSE? '\ Yes No Upon being satisfied that the conditions precedent to the granting of this license as provided in Title 7 of the Vermont Statutes Annotated, as amended, have been fully met by the applicant, the commissioners will endorse their recommendation on the back of the applications and transmit both copies to the Liquor Control Board for suitable action thereon, before any license may be granted. For the information of the Liquor Control Control Board, all applications shall carry the signature of each individual commissioner registering either approval or disapproval. Lease or title must be recorded in town or city before issuance of license. U� • , Vermont, '1-4 '0� :),APPROVED � DISAPPROVED Approved by Board of Control Commissioners of e City or own of a Total Membership 6 members present Attest, �� , Town Clerk TOWN OR CITY CLERK SHALL MAIL BOTH COPIES OF APPROVED APPLICATIONS DIRECTLY TO: DEPARTMENT OF LIQUOR CONTROL GREEN MOUNTAIN DRIVE, DRAWER 20 MONTPELIER, VT 05620-4501 If application is disapproved, local control commissioners shall notify the applicant by letter. No formal action taken by any agency or authority of any town board of selectmen or city board of aldermen on a first or second class license application shall be considered binding except as taken or made at an open public meeting. VSA T-1,Sec.312 0 - , 2008 LIQUOR LICENSE RENEWAL APPLICATION 4766-001-1RST-01 FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 1 Fee: $200.00 of which License Year Beginning May 1, 2008 ending April 30, 2009 $100.00 is paid to town/city $100.00 is paid to DLC Town: 04065 - SOUTH BURLINGTON FILE APPLICATION IN DUPLICATE MISREPRESENTATION OF A MATERIAL FACT ON ANY LICENSE APPLICATION SHALL BE GROUNDS FOR SUSPENSION OR REVOCATION OF THE LICENSE, AFTER NOTICE AND HEARING Applicant: Review all of the information presented on this form, indicating any changes in the spaces provided. Applicant: McGrath Enterprizes, Ltd. Doing Business As: Rotisserie, The Mailing Address: 1355 Williston Road 1355 Williston Road South Burlington VT 05403 South Burlington VT 05403 Telephone: (802) 658-1838 Description of Premises: Lessor: A restaurant in a one story wood frame building situated on the Sean P. McGrath southerly side of Williston Road, east of Hinesburg Road at 1355, South Burlington Vt in the City of South Burlington, Vermont. Last Enforcement Seminar: lkillialarli Date of Incorporation: 01/02/2002 State of Charter: Vermont Currently Valid Charter: Yes Federal ID Number: 10-0002289 Majority of Directors are US Citizens: Yes VT Residents: Yes ATTACH AN ADDITIONAL SHEET TO THIS APPLICATION NOTING ANY NECESSARY CORRECTIONS OR CHANGES AND UPDATES THAT HAVE OCCURRED DURING THE PAST YEAR. Corporation Name Address Town/City State Zip Code Director 1. McGrath, Sean 3 Butler Drive South Burlington VT 05403 Director 2. McGrath, Brendan 10 Dairy Lane South Burlington VT 05403 Director 3. McGrath, Keel in 33 Tamarack Lane Essex Junction VT 05452 Director 4. McGrath, Jennifer 3 Butler Drive South Burlington VT Stockholder 5. McGrath, Sean 3 Butler Drive South Burlington VT 05403 Stockholder 6. McGrath, Brendan 10 Dairy Lane South Burlington VT 05403 Stockholder 7. McGrath, Keel in 33 Tamarack Lane Essex Junction VT 05452 Stockholder 8. McGrath, Jennifer 3 Butler Drive South Burlington VT Social Security Date of Number Birth Place of Birth 1. On File On File Burlington, Vt 2. On File On File Burlington, Vt. 3. On File On File South Burl. Vt 4. On File On File Elmira, NY 5. On File On File Burlington, Vt 6. On File On File Burlington, Vt. 7. On File On File South Burl. Vt 8. On File On File Elmira, NY Was.any director not born in the United States? Yes ZNo If naturalized citizen, please complete the following information: Name Court Where Naturalized Location (City/State/Zip Code) Date Has any director or stockholder been convict r pl'ailty to any criminal or motor vehicle offense in any court of law (including traffic tickets by mail)?, Yes _jolo If yes, p11 e�attaaJch Jthe following ggyiinn orma is In...:iduuaall's name, cour traffic yreau offe �j date y7lith°f i °ag b'P't corporation d r1y ve ro i f4/s -1/ �un , city, �( /� Does an die o o sock a cor ration hol a tive o i t e at un city, v lage or t""�.J office in Vermont (See VSA, T.7, Ch.9, Sec. 223)? _Yes No If yes, please complete the following information: A07. 6 IG y�Ly� r) Name Office Jurisdiction l r . ` Vt. Dept. of Health Food License No.: 2205 y 1/�' Vt. Dept. of Health Lodging No.: �( i (�YJ/G a Vt. Tax Dept. Meals & Rooms Cert./Acct. No.: K10057996F Continued on next page 2008 LIQUOR LICENSE RENEWAL APPLICATION 4766-001-1RST=01 FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 2 Outside Consumption Permit?: XX Yes No Are there any changes to this Outside Consumption area?: Yes No (If yes, attach necessary information) 20x10 foot area on East side of restaurant, with two sides being fenced in and remaining sides are bordered by restaurant. Area is black top but not using parking spaces nor visible to parking lot. April 1st through November 1st 11:00 a.m. to 10:00 p.m. Disclosure of Non-profit Organization?: XX Yes No Are there any changes to the Disclosure of Non-profit Organization information?: _Yes ✓ No (If yes, attach necessary information) Homeshare VT, 187 St. Paul St, Burlington contact Kirby Dunn, 651-0881 VT Breakopen Tickets, Mark Lamphere, 17 Brook Dr, Burlington 862-7957 members: Keel in McGrath, Courtney Brown, Richard Hart, Bridget McGrath Lysa Weisman, Lynnia Pope-Hier, Brendan McGrath, Jack Kell, Patricia Mortimer, Paula Verrastro Amusement Machine Permit?: Yes XX No ALL APPLICANTS MUST COMPLETE AND SIGN The applicant understands and agrees that the Liquor Control Board may obtain criminal history record information from State and Federal record repositories. I/We hereby certify, under the pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan approved by the Commissioner of Taxes to pay any and all taxes due the State of Vermont as of the date of this application. (VSA, Title 32, Section 3113) I/We hereby certify that I/We are not under an obligation to pay child support or that I/We are in good standing with respect to child support or are in full compliance with a plan to pay any and all child support payable under a support order. (VSA, Title 15, Section 795) In accordance with 21 VSA, Section 1378(b), I/We certify, under pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan to pay any and all contributions or payments in lieu of contributions due to the Department of Employment and Training. I/We have registered the trade name of these premises with the Secretary of State. • I/We hereby certify that the information in this application is true and complete. VI Dated at Ilk( n0 J)%S%i , in the c `ouunty of G0r , and State of this day of lA PO Signature of authorized a of Signature of individual or partners of corporation, comp club asso iati P. m (1-00•4 (Title) Are you making this application for the benefit of any other party? Yes 36o WILL APPLICANT APPLY FOR A THIRD CLASS (SPIRITUOUS LIQUOR) LICENSE? ✓ Yes No Continued on next page ' ` • 2008 LIQUOR LICENSE RENEWAL APPLICATION 4766-001-1RST-01 FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 3 Upon being satisfied that the conditions precedent to the granting of this license as provided in Title 7 of the Vermont Statutes Annotated, as amended, have been fully met by the applicant, the commissioners will endorse their recommendation on the back of the applications and transmit both copies to the Liquor Control Board for suitable action thereon, before any license may be granted. For the information of the Liquor Control Control Board, all applications shall carry the signature of each individual commissioner registering either approval or disapproval. Lease or title must be recorded in town or city before issuance of license. ,1el ermont, rt /.S P ' APPROVED DISAPPROVED • jA Approved by Board of Control Commissioners of he'Cit Y or Town �v l/ cd . �. I► Total Membership members present Attest, , Town Clerk TOWN OR CITY CLERK SHALL MAIL BOTH COPIES OF APPROVED APPLICATIONS DIRECTLY TO: DEPARTMENT OF LIQUOR CONTROL GREEN MOUNTAIN DRIVE, DRAWER 20 MONTPELIER, VT 05620-4501 If application is disapproved, local control commissioners shall notify the applicant by letter. No formal action taken by any agency or authority of any town board of selectmen or city board of aldermen on a first or second class license application shall be considered binding except as taken or made at an open public meeting. VSA T-1,Sec.312 2008 LIQUOR LICENSE RENEWAL APPLICATION 5842-001-1RST•.O1 FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 1 Fee: $200.00 of which License Year Beginning May 1, 2008 ending April 30, 2009 $100.00 is paid to town/city $100.00 is paid to DLC Town: 04065 - SOUTH BURLINGTON FILE APPLICATION IN DUPLICATE MISREPRESENTATION OF A MATERIAL FACT ON ANY LICENSE APPLICATION SHALL BE GROUNDS FOR SUSPENSION OR REVOCATION OF THE LICENSE, AFTER NOTICE AND HEARING Applicant: Review all of the information presented on this form, indicating any changes in the spaces provided. Applicant: Vermont Wings, LLC Doing Business As: Hooters Mailing Address: 1705 Williston Road 141 Mullen Avenue South Burlington VT 05403 Westfield MA 01085 Telephone: (802) 660-8658 Description of Premises: Lessor: Restaurant located within a one story brick and block constructed Gabriel Handy building being approximately 5,300 square feet in size, designated Shelburne VT 05482 as 1705 Williston Road, in the City of South Burlington, Vermont. Last Enforcement Seminar: 10/27/2007 Filed Articles of Organization: Yes Date Filed: 09/07/2004 Federal ID Number: 20-1603816 Majority of Members are US Citizens: Yes VT Residents: Yes ATTACH AN ADDITIONAL SHEET TO THIS APPLICATION NOTING ANY NECESSARY CORRECTIONS OR CHANGES AND UPDATES THAT HAVE OCCURRED DURING THE PAST YEAR. Limited Liability Company Name Address Town/City State Zip Code Member 1. Higgins, Thomas M. 253 South Union Street Burlington VT 05401 Member 2. Lockwood, Jefferson A6 Stonehedge Drive South Burlington VT 05403 Social Security Date of Number Birth Place of Birth 1. On File Newark NJ 2. On File On File Springfield MA Was any person not born in the United States? Yes 1" No If naturalized citizen, please complete the following information: Name Court Where Naturalized Location (City/State/Zip Code) Date Has any person been convicted or pleaded guilty to any criminal or motor vehicle offense in any court of law (including traffic tickets by mail)? XX Yes No If yes lease attach the foil ing information: Indio yalis name, t traffic bureau, of ense and date Does f rsonDill*d a-ny ele�tivrAe( TO ttSte, a a town office in e1/-f�rtbnt (See VSA, T.7, Ch.9, Sec. 223)? Yes leIN0 If yes, please complete the following information: Name Office Jurisdiction Vt. Dept. of Health Food License No.: 1157 Vt. Dept. of Health Lodging No.: Vt. Tax Dept. Meals & Rooms Cert./Acct. No.: 440-201603816-f01 Outside Consumption Permit?: Yes XX No Disclosure of Non-profit Organization?: Yes XXNo Amusement Machine Permit?: Yes XX No ALL APPLICANTS MUST COMPLETE AND SIGN The applicant understands and agrees that the Liquor Control Board may obtain criminal history record information from State and Federal record repositories. Continued on next page • -- 2008 LIQUOR LICENSE RENEWAL APPLICATION 5842-001-1RST-01 FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 2 I/We hereby certify, under the pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan approved by the Commissioner of Taxes to pay any and all taxes due the State of Vermont as of the date of this application. (VSA, Title 32, Section 3113) 'I/We hereby certify that I/We are not under an obligation to pay child support or that I/We are in good standing with respect to child support or are in full compliance with a plan to pay any and all child support payable under a support order. (VSA, Title 15, Section 795) In accordance with 21 VSA, Section 1378(b), I/We certify, under pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan to pay any and all contributions or payments in lieu of contributions due to the Department of Employment and Training. I/We have registered the trade name of these premises with the Secretary of State. I/We her certify CCthatt)e information tp. this application is true and complete. I �- Dated at , °/lc J , ra/t"he of nt {�/�,`and State of Vtlit-IAN�w this ( day of Ci ,v�X.0 , / Signature of authorized agent Signature of individual or partners of corpor ti , company, club or asso, aiion 1 A - 14.1 1 1/1/144,141/1/1 ?-64/1/4-44°A.4(Title) Are you making this application for the benefit of any other party? _Yes _No WILL APPLICANT APPLY FOR A THIRD CLASS (SPIRITUOUS LIQUOR) LICENSE? Yes No Upon being satisfied that the conditions precedent to the granting of this license as provided in Title 7 of the Vermont Statutes Annotated, as amended, have been fully met by the applicant, the commissioners will endorse their recommendation on the back of the applications and transmit both copies to the Liquor Control Board for suitable action thereon, before any license may be granted. For the information of the Liquor Control Control Board, all applications shall carry the signature of each individual commissioner registering either approval or disapproval. Lease or title must be recorded in town or city before issuance ofli/cennsee�.�� J•krl/f As07J I \, Vermont, . ' , 4 ,0 J ,,vDg APPROVED DISAPPROVED Approved by Board of Control Commissioners of th City or own of % //4 4 Total Membership 6 members present Attest, ,, Town Clerk TOWN OR CITY CLERK SHALL MAIL BOTH COPIES OF APPROVED APPLICATIONS DIRECTLY TO: DEPARTMENT OF LIQUOR CONTROL GREEN MOUNTAIN DRIVE, DRAWER 20 MONTPELIER, VT 05620-4501 If application is disapproved, local control commissioners shall notify the applicant by letter. No formal action taken by any agency or authority of any town board of selectmen or city board of aldermen on a first'or second class license application shall be considered binding except as taken or made at an open public meeting. VSA T-1,Sec.312 April 1, 2008 Dear Landowner and other Interested Party: We are writing to you about an electric system reliability issue in Chittenden County that may result in construction in your area. Vermont Electric Power Company(VELCO) and Green Mountain Power are working together on this effort. The Gorge Area Reinforcement(GAR) Project has components located in Burlington,Winooski, South Burlington and Colchester, and includes upgrades of existing Green Mountain Power and VELCO transmission lines, Green Mountain Power substation , upgrades, and the construction of a new VELCO substation. The GAR Project is the second part of a three-phase 20-year electric reliability plan for Chittenden County that includes, the East Avenue Loop Project which has been filed with the Public Service Board and a future project in the Essex area. An area map and GAR project summary are enclosed for further information. We are hosting an open house on Thursday, April 10 from 5:00 p.m. to 8:00 p.m. to provide you with a chance to hear elements of the project explained, to get answers to any questions you may have and to share your input with us. In this process, we will try to address the expectations and concerns of property owners, while keeping several factors in mind, including: 1) The safe operation and maintenance of the structures; 2) The reliability of the entire transmission line network; 3) The cost of the design and the financial impact on the electric ratepayers of Vermont; 4) The impact of the structures on the environment; 5) The need to meet specific requirements that are typically imposed by the Public Service Board on reliability projects. The structure of the open house includes a series of topic-specific stations where you can meet one-on-one with VELCO and Green Mountain Power staff and their experts to discuss various aspects of the project. We have received feedback that this format provides a better chance for dialogue. A second open house is scheduled in May, these open houses dates are: • Thursday, April 10 at South Burlington High School, Cafeteria 2 from 5:00 p.m.-8:00 p.m. • Wednesday, May 21 at the Holiday Inn, South Burlington, from 5:00 p.m.-8:00 p.m. Information stations will be available on the following topics: o Preliminary transmission option design review o Non-transmission alternatives o Environment o Electric and magnetic fields, also known as EMF Further information can be found on the web at www.velco.com and click on"GAR"under projects. RA Ns •lCO VIEMO GREEN MOUNTAIN POWER VET CO On. Every Day. If you have any questions in the meantime, please contact either myself or Dotty Schnure at Green Mountain Power: • Kerrick Johnson at VELCO: 770-6166,kjohnsonavelco.com or • Dotty Schnure at Green Mountain Power: 655-8418, schnure(cr�,greenmountainpower.biz We hope you will be able to attend one of these events,but realize schedules can be full. We are happy to meet with individual landowners who make a request. Your thoughts are important to us in our efforts to design the most reliable electric system for both your needs and those of all electric energy users in the Chittenden County area. Thank you. Sincerely errick Johnson Vice President, External Affairs Vermont Electric Power Company Enclosures GREEN MOUNTAIN POWER VELCO On. Every Day. VET CO Gorge Area Reinforcement Project Summary The Gorge Area Reinforcement("GAR") is the second phase of a three phase plan to maintain reliability in northern Chittenden County as the area load increases. At historical load growth rates it will be required in 2011. The GAR is made up of the following components: • The construction of a new 115—34.5 kV substation ("Gorge VELCO substation") in South Burlington across the Winooski River from the existing Gorge GMP substation. It will be partially located in the existing VELCO K-25 and GMP 3307—3308 line corridor. In addition to project requirements the design will provide for future 12 kV distribution feeders. • The reconstruction of approximately 700 feet of the existing 3307 and 3308 34.5 kV line between the new Gorge VELCO substation and the existing Gorge GMP substation. The 700 feet of reconstruction is necessary to upgrade the conductor of one line and to separate the lines that now share a common structure. The existing 3307 line capacity is increased because it will be the major tie between Gorge GMP and Gorge VELCO. The existing 3308 line will become an extension of the existing 3321 line, which will terminate at Gorge VELCO instead of Gorge GMP. • A major upgrade of the Gorge GMP substation. The upgrade replaces an antiquated wood-pole structure with a six-breaker ring bus to accept the increased load and fault current from Gorge VELCO. In addition to the project requirements, the upgrade will also allow for the future voltage conversion of the Gorge 4 kV distribution feeders (16J1 and 16J2)to 12 kV, a third 34.5 kV feeder position (16Y3)when the Winooski area load requires a third distribution feeder, and substation capacity to allow the replacement of the existing Gorge Gas Turbine with a larger unit. • The reconstruction of the existing 3307 34.5 kV line between Gorge GMP and McNeil Substation. This line is the major tie between these two stations. The upgrade is required to increase power transfer capability so that one station can backup the other. • The removal of GMP's 3323 and 3328 lines (the Waterfront Lines). The proposed GAR project allows for the removal of GMP's 34.5 kV waterfront lines. It is GMP's understanding that Burlington Electric Department's distribution lines at the waterfront will be removed following the completion of the first phase of the three phase plan. ( 0 : . �.\ F �.' 3P Ste°" %vF .'; .4 Y J �4 ! [ � e z F 5 1 n n Y '.: ,1 a . a d i d o ix fin c 3 `a'- x�a ! f ' -jil , ,Oi. „ wi --, _ ! § , . . <>,I -—•- ---iti , isra'—' r i t .t •,..? - &•4',4". ; , . I foL .^ �_. ^tea , a + $4 r • • .t„,..,11.,. , i - t I . a 1. i 1 w , Li' 4'- tt . IstE Y 1 s i77::: F t1: re -.— .. Z.i`w. ., L _ ..`_ 1 i - r,. s Public Meeting Notice Local Concerns Meeting US 2 / 1-89 Southbound On- Ramp South Burlington, Vermont Monday, May 5, 2008 Wednesday, May 14, 2008 City Council Meeting at 7:00 pm 7:00 pm City Hall Memorial Lounge,Waterman Building, UVM South Burlington, VT 05403 Burlington,VT 05401 The City of South Burlington and the City of Burlington is sponsoring two public local concerns meetings to discuss the existing safety, capacity, operations, and issues in the area of US 2 (Williston Road), Staples Plaza and the I-89 Southbound on-ramp. The purpose of this public meeting is to hear your concerns, ideas, and answer your questions about future changes to the area of US 2. If you are unable to attend and have comments or questions, you can contact Greg Edwards, Project Manager, at Stantec Consulting Services Inc., 55 Green Mountain Drive, South Burlington, VT 05403 or greg.edwards@stantec.com. Project Location Man Edt 14 Southbound On South Stanton,v anont C:\Documents and Settings\jhinds\Local Settings\Temporary Internet Files\OLKF\Meeting Notice.doc ? City of South Burlington eiciorop.c.izmuw„,„„....,„erokki. �0 I575 DORSET STREET ''! `i� I� SOUTH BURLINGTON, VERMONT 05403 TEL. (802) 846-4107 •`+ FAX (802) 846-4101 CN M' AGER CHARLES ETY NHAFTER April 3, 2008 Chair and City Council South Burlington, VT 05403 Re: Review of Burlington International Airport Noise Compatibility Program Update; Brian Searles, General Manager and Mike Flaherty, Airport Board of Directors; Consideration of Council response to same To All Members: Brian Searles and Mike Flaherty will be present to review the Airport Noise Compatibility Update with you on Monday night. Following their presentation, the Council should discuss if and how you would like to make official comment on the Report. You should have received a copy of the Report via U.S. mail last week. I have also attached a document from the FAA website entitled Management of Acquired Noise Land which is referred to in the memorandum from Mr. Searles. Finally, I have provided a Scope of Work for an Airport Neighborhood Land Use Plan which, if done correctly, will provide a solid background for making decisions on how to proceed. The cost of the study is estimated at $25-30,000. I have asked Brian to see if he can locate FAA funds to undertake this study as soon as possible. Please review and indicate if you think this study would be helpful to you and our residents. The Planning Commission will be joining you for this conversation. Sincerely, aes Halter City Manager ECU systems INFORMATION MANAGEMENT SOLUTIONS Resolution System Proposal For Donna Kinville Town Clerk South Burlington, VT Aciou- • • • G4 y 14'70WJ1 *- .. February 6, 2008 Cott Systems •350 East Wilson Bridge Road •Worthington Ohio 43085 •Phone 800.234.2688•Fax 866.540.1072 •www.cottsystems.com •February 2007•Page 1 of 18 Table of Confe s Resolution Functional Overview 3 Project 5 Project Management: 5 Assumptions and Requirements. 5 Specific Project Criteria. 6 Resolution Project Plan• 6 Training: 7 Data Migration- 7 Software Assurance 8 Fees 9 Optional Services 10 Backfile&Imaging Services 10 • Online Index Books with Associated Document Images 10 • Backfile Conversion for Record Books 10 • Plat Scanning 10 Auditing&Indexing Services 10 • Audit Services 10 • Re-indexing Services 10 Bindery Services 10 • Book Binders,Paper and Bindery Supplies 10 • Canvas Covers/Vinyl Jackets 11 • Print Out Services 11 Data Management Services 11 • Conversion/ Migration 11 • Data Acquisition 11 • Historical Loads 11 • Historical Redaction Services 11 Disaster Preparedness Services 11 • Microfilm Creation Services 11 • Offsite Storage Services 11 Web Hosting Service 11 Customer Base and References 12 Exhibits 16 Customer Support Processes Exhibit 16 Proposed Systems Requirements 18 -KeS O1111T1 11Z1 o e 414 Yet' t �{, About Resolution for Vermont Resolution for Vermont is a suite of integrated Records Management applications that provides Cott's clients with a comprehensive solution to efficiently receive, process, store and archive all records entrusted to their care. Secure public access to data and images is provided via the Intranet/Internet. The version being proposed has been designed to address the specific requirements in Vermont. Supplementing Cott's Resolution product suite is a comprehensive set of services including data and image conversion (from film or hardcopy), project management, on-site training, hardware installation,system security and the best support organization in the business. Cott Systems is the author of the software and has the experience, resources, personnel and expertise to ensure a successful and timely implementation without the use of sub-contractors. We retain full and direct accountability for all phases of the project. System Architecture Resolution is a suite of integrated applications built around Microsoft Windows DNA specifications. The underlying architecture integrates Internet, client-server and PC models of computing to provide a stable, scalable, standards-based platform. The software was developed using Microsoft's Visual Basic 6.0, COM+ and Active Server Pages. The database engine will be Microsoft SQL Server 2003 or 2005.Windows XP is preferred on the desktop. Resolution Software Modules Resolution consists of the following software modules: • Indexing • Imaging • Intranet Index Search All modules are fully integrated. Data elements are entered into the system a single time, at the earliest point of entry and are immediately available to any other process that requires that element. There is no duplication of effort, no redundant data entry. These modules operate within a flexible user-definable workflow and will provide all functionality required to process a recorded instrument from acceptance through document archiving. Resolution Indexing The Indexing module continues the flow of the document through the office. Indexing may be done from the original hardcopy document or from the scanned image. Producing an accurate index is the primary goal for the indexing software. All documents are processed through a structured flow and managed in"units of work." These "units of work" will be given to multiple indexing clerks for simultaneous entry into the system. Status reports allow the supervisor to monitor the work of each individual and its status in the entry process. Each document must be cycled through the entire workflow process before it is reported as "verified" in the index database. The software supports two methods of quality control, key verification or verification from printed"proof lists". Speed of entry is achieved utilising special copy features, individual and firm name table, and property tables for consistency of data entry. Unlimited grantor and grantee names are supported as well as multiple property descriptions or other reference information such as parcel number. Resolution Imaging-(Scanning,Storing,Retrieval,and Printing) The imaging station personnel will perform a preliminary visual quality check of the images. Quality control software will allow the operator to insert, append, delete, rotate or re-shuffle images as needed.Image enhancement and cleanup options are also available. Images may be exported to CD/DVD for distribution to interested parties and/or the creation of microfilm. Resolution Intranet Index Search The Index Search module utilises PC workstations and laser printers to provide public access to the index and images. The search interface is 100% web browser based. The Index Search module provides the capability of using multiple search criteria to narrow the search (i.e., date, instrument type,kind code,party code,and partial name stem)without noticeably impacting the performance of the system. The system subscribes to an "index-to-the-index" philosophy. This provides the users with an online directory that tallies each unique occurrence of the stem selection criteria. By reducing the number of keystrokes and number of screens to be scrolled in conducting a search,Cott is able to provide increased efficiency to users. •pf�ue"-.�. .R �,�_-. .. past _ �y_r' :°",. - 4 a' 5a1 1 - �`i;. �. +s *ro ect ',.,1'-r.,s'a' `F' ^' �` 3 ka�.'�w -" v 'are..: IRS Project Management: Project Management may include hardware configuration review, system design meeting, system security review,integration review,historical data and/or image migration consultation and review,and system documentation. Assumptions and Requirements: • The customer will designate one point of contact in their office to communicate information to Cott. • Items and tasks requested by Cott will be fulfilled by the customer in a timely manner. • The customer is responsible for site preparation, including providing adequate electrical power for hardware, physical space for temporary and permanent placement of hardware, datacom cables in place for networking connectivity purposes, any auxiliary office furniture such as printer stands, or keyboard trays and the provision of a dedicated phone line or a high speed connection for the purpose of remote support of Software. • The customer's proper use of software and compliance to all operating instructions. • The customer is responsible for data entry standards or rules,document preparation,data entry of information and document scanning. • Additional software may be installed on the equipment by Customer, provided written approval is provided by Cott. In the event the additional software interferes with Cott's ability to support the application software,creates data storage or performance problems,Cott reserves the right to order its removal. • Customer agrees not to connect any existing or future Customer networks with Cott's system network or to install internet access services on Cott supplied PCs. • Customer Support needs will be addressed as defined in Cott's Customer Support Processes Exhibit. • Hardware meets requirements shown above. • Any new hardware provided by the customer will need to be onsite before hardware setup can begin. • Cott requires a high speed connection to be established by the customer,through which Cott can remotely connect to servers and workstations where support is needed • Trainees must be available during the scheduled training sessions. • Before software training begins,changes in office procedures,workflow and job duties must be relayed to all staff involved by the office holder;a change in workflow is likely and may be significant. • Windows proficiency is helpful for all employees being trained. • When Cott training personnel travel to the customers' site to provide training,traveling time to and from the customer site is factored into the number of training days. • Specific Project Criteria: Cott will provide the following: Resolution Small Business Solution with 2 user licenses. The customer is leasing a right to use the Resolution Software for the term. Software Assurance:Initial Support Term is 48 Months and the following modules: o Indexing o Imaging o Search The Town Clerk will provide the following hardware: Station Type Number Database Server 1 '✓ Web Server 1 �( IC Scan Station 1 e�` Public Search Station 1 Station Printers 1 System Printer 1 Resolution Project Plan: The customer acknowledges that in order for Cott to carry out the Project Plan,the customer would be required to fulfill it's responsibilities as described here. Resource Phase I Cott receipt of signed contract Cott,Customer Issue Invoice to the customer Cott Assignment of Implementation Personnel Cott Project Management Begins(reference files,systems configuration, workflow planning) Cott Ship Indexing Data and Associated Images to Cott Customer,Cott Technical Verification of Indexed Instruments&Associated Images Cott Data and Image Migration Review Cott Ship Backup to Cott Customer Initial System Analysis Cott Phase II Customer Payment to Cott Customer Procurement of hardware Customer Data Migration with generated Exception List(First Pass) Cott Site Visit by Cott Implementation Team Customer,Cott Documented Workflow to the customer Cott Develop Training Plan Cott Final Review of Selected Workflow and System Requirements Customer,Cott Migration Review Customer,Cott Project Review Cott,Customer Phase III On Site Training Cott,Customer Independent Training/Migration&Systems Review Customer Final Data Migration Cott Go Live Customer,Cott Implementation Signoff Customer,Cott Issue Invoice to the customer Cott Customer Support Transition Cott,Customer Phase IV Post-Implementation review&support Cott Training: Training is provided to introduce this product's features, set-up functions, process flows and instruction on daily tasks. These classes are scheduled to take place at your office, Monday through Friday during the hours of 8:00 am to 5:00 pm. Additional Training options can include for an additional fee: 1. Outside the hours of 8:00 am to 5:00 pm and weekends 2. Training provided at Cott 3. Remote Online Training Cott requires the customer to provide an area or room away from the front counter,equipped with a phone line and electrical outlets. Training Schedule: • Travel to site • Train at site • Travel from site Data Migration: Best efforts will be made to migrate data from your current system based on the following information: • Scope of work as it relates to data/image migration efforts has not yet been defined. • Cott and Customer to work together to determine scope of data/images,and associated pricing. Creating good technology does not happen in a vacuum.It takes years of hands-on experience to understand how your office works,lives and breathes. It requires dedicated people who've been in your shoes and appreciate not only the privilege of the position,but the responsibility to your constituents that comes with it.It demands not only the right technology,but the right team of people behind the technology who know how to effectively apply it to every touch point voters have with you. Our understanding of the needs of your office is the very thing that makes Cott Systems different. Because Cott's heritage is in the manual indexing of record books,we have a keen understanding of your daily workflow that,frankly,other providers can only aspire to.We know the increased demands that are put on your office staff,from within and without,that require the right tools to increase your office's capacity without increasing your staff. Cott's record speaks for itself,with our latest Key Performance indicators in customer service earning a 4.5 out of 5.That's because we understand how critical it is to identify and successfully meet the specific needs of each entity within a government office. Cott's technologists are available to help you Monday through Friday,7:00 am through 6:00 pm,Eastern Time and our processes are defined and available for your review in the Customer Support Processes Exhibit that accompanies this proposal. To provide premier support-the best in the industry-we work with you to establish high speed telecommunication connections so that the highest level of remote support can be yours,and we work with your staff,establishing one point of contact to facilitate communications regarding your system. We know that productivity rules the day,and that productivity needs to come at the right price,with the right solution,and backed by the right people.People you can trust to deliver on time,on budget,and speaking your language every step of the way.People who are fully aware of the triggers by which your office is prompted to respond,and people who appreciate the collective effort required to implement new systems in a way that includes everyone;from constituents to custodians of your data. Delivering on our customer-centric philosophy means paying close attention to key areas. Software Assurance is not just a helpful voice to answer questions. Software Assurance also provides software patches and releases to the current version of our software to increase speed,improve efficiencies,and enhance the ease of operation for you and your staff. We adhere to a well-defined Software Update Process,utilizing your counterparts in your state as well as our own internal experts to identify and review any and all software updates prior to their release. customer-centric means you help determine the future of your software! Resolution Implementation Fee(Upfront-installed alone) $3,000 Implementation Fee(Upfront-installed with 1 additional town) $2,500 Implementation Fee(Upfront-installed with 2 additional towns) $2,000 Monthly Service Fee $750 Optional Bar Code Software and Supplies (monthly) $40 Optional Bar Code Software and Supplies(up front) $1200 aa }7♦ +"p' /gypp_., y y'� x ` E -.`"�,ro '' .,.. .._- ,t Additionally,Cott Systems offers a wide range of professional services for recorded documents. Backfile &Imaging Services • Online Index Books with Associated Document Images Cott Systems will electronically capture and catalog images of the manual Index Books and associated document images. Cott combines our unique Index Builder application with efforts from our Professional Services Department resulting in the search logic which emulates your existing manual index books. The browser-based search engine will allow users to retrieve your manual index books and associated document images online. Users can search by the first letter(s) or character(s) of their search criteria, be placed on the first page of the index book where that entry may reside. The user may then electronically "page" through the index book to search for the desired index information. Once the name is located,the user simply enters the starting book and page, or document number, to view the associated document images. New users, or the "one-time" user, do not need training or prior experience in searching the index. Our Index Builder application applies the necessary logic specific to your index books and effectively reduces the interaction needed with your staff. • Backfile Conversion for Record Books Cott can make historical document images available electronically by converting from varying types of media(microfiche,aperture cards,microfilm,CD)or by capturing images via on site scanning. Cott then loads the images database and link them to the corresponding index data,making them accessible for public retrieval. • Plat Scanning Creating digital image or microfilm from a hardcopy map. Auditing &Indexing Services • Audit Services Visual examination of indexed data.The service includes professional proofreaders who cross-compare indexed records to the associated legal document to ensure accuracy,compliancy with indexing standards,and optimal searching. • Re-indexing Services Re-indexing manual indexes so they are in an electronic format and available to be re-printed or entered into a database for optimal searching and reference. Bindery Services • Book Binders, Paper and Bindery Supplies Variety of binders for storing official records.Paper of various grades and quality.Supplies,tabs, flyleaves,etc. • Canvas Covers/Vinyl Jackets Custom handmade canvas covers to fit over any size binder. • Print Out Services Providing print out of indexes in various styles and types of paper(quality style,archival,library). Data Management Services • Conversion/Migration To have data converted/migrated for load to a current application;source of data may be Cott or another vendor. • Data Acquisition Acquisition of data that is either stored internally at Cott or at a managed and secured off site location. • Historical Loads To have historical data loaded where the data is not being accessed by their current application;source of data may be Cott or another vendor. • Historical Redaction Services Using OCR technology,historical images will be automatically redacted for sensitive information(i.e. social security numbers)to prevent sensitive data from being viewed by the general public. `-1� /� Disaster Preparedness Services t'� /� • Microfilm Creation Services � 0" From varying types of media formats,microfilm will be created. \4\ I}' • Offsite Storage Services Coordinating off site storage of mission critical media/data and hard copy records. Web Hosting Service Host your index data and images on a server that is housed in an off site,secure data center supplying your server with 24 x 7 access to redundant power and Internet connectivity and 100% supported by Cott. Your records can be made accessible to the public no different than if the server was housed at your location.As a by-product of this solution,your index data and images are backed up every night to this server(this is in addition to your normal tape back-up). C'iii ome Base#a .s 1,41te t �.. - `44 g..,.. :..,.., ....�:.Ate. ,.�._w..� _ �� ....�.s�. t.d �. w�._' The Cott Systems team has proudly served our elected local government officials for well over 100 years. We currently serve 244 software system customers. Below is a list of a few towns in Connecticut that use Cott's Resolution Software. You can view the online search of the counties that have their records on the Internet. East Hampton Town Clerk,CT Resolution Fees,Indexing and Imaging Sandra Wieleba-860 267 2519 ARARtgo� Marlborough Town Clerk,CT w DesktopPlus o ��1=-i = t '' Nancy Dickson-860 295 6206 \NMECTIt%f 4 Griswold Town Clerk,CT �� Th Desktop Plus with Fees Ellen Dupont-860 376 7063 k:0 Ansonia Town Clerk,CT Resolution Fees,Indexing and Imaging �yye Madeline Bottone-203 736 5980 `aa4z. . Avon Town Clerk,CT AMOOP.l'`' E : Resolution Indexing and Imaging;Web Hosting Ann Dearstyne-860 409 4310 �� http://landrecords.town.avon.ct.us �`� Berlin Town Clerk,CT a R Resolution Indexing and Imaging ')-;l`t y Kathryn Wall-860 828 7036 i. Bethel Town Clerk,CT . Resolution Fees,Indexing and Imaging 4t,ti. Lisa Bergh-203 794 8505 Branford Town Clerk,CT Resolution Fees,Indexing and Imaging Marianne Kelly-203 488 6305 7`-r:='' http://deeds.branford-ct.gov/resolution Bristol Town Clerk,CT Resolution Fees,Indexing and Imaging 4 Therese Pac-860 584 6200 LKFsB,. Brookfield Town Clerk,CT ;�' Resolution Indexing and Imaging .�� .;m: Joan Locke-203 775 7313 t I N G y Burlington Town Clerk,CT f ' • Resolution Indexing and Imaging ' MICynthia Kosher-860 673 2108 F"F`or Danbury Town Clerk,CT 1'; Resolution Fees,Indexing and Imaging °' Lori Kaback-203 797 4530 sis `4, -; i Darien Town Clerk,CT Resolution Indexing and Imaging Donna Rajczewski-203 656 7307 Farmington Town Clerk,CT Resolution Fees,Indexing and Imaging Paula Ray-860 673 8247 -A"`- -, Groton Town Clerk,CT 4. Resolution Fees,Indexing and Imaging t. w t Barbara Tarbox-860 441 6642 'm , ` , Manchester Town Clerk,CT f 4' 1 Resolution Fees,Indexing and Imaging Joe Camposeo-860 647 3037 - Middletown Town Clerk,CT &�� " Resolution Fees,Indexing and Imaging I. -�t' Sandra Russo-Driska n Milford Town Clerk,CT Resolution Indexing and Imaging Alan Jepson-203 783 3214 " ` Montville Town Clerk,CT Resolution Fees,Indexing and Imaging Nri- . Lisa Terry-860 8481349 New Britain Town Clerk,CT - Resolution Fees,Indexing and Imaging Peter Denuzze-860 826 3344 d"`ev New Canaan Town Clerk,CT 14`+�°`•;��+i Resolution Indexing and Imaging 41 Claudia Weber-203 594 3070 ,,k;,, New Hartford Town Clerk,CT Desktop Plus Fees .; , Donna La Plante-860 379 5037 1014101K.1111 KM Newington Town Clerk,CT Resolution Fees,Indexing and Imaging 1 Tanya Lane-860 665 8545 P v'Sahaca`xi viol_� New Milford Town Clerk,CT ry- _1Resolution Fees,Indexing and Imaging George Buckbee-860 355 6020 Newtown Town Clerk,CT Resolution Indexing and Imaging t. Debbie Aurelia-203 270 4210 tr North Branford Town Clerk,CT Desktop Plus Fees Lisa Valenti-203 484 6015 *coo, North Haven Town Clerk,CT "9 Resolution Fees,Indexing and Imaging 6' ' � Mary Lou Payette-203 239 5321 a� t.. Preston Town Clerk,CT • --\ Desktop Plus Fees uwJti QO Hattie Wucik-860 887 9821 A'NEGT\G ' Ridgefield Town Clerk,CT ,,,a, � Resolution Fees,Indexing and Imaging �'_"�'. Barbara Serfili i 203 4312783 pp' • Rocky Hill Town Clerk,CT lla Resolution Indexing and Imaging �- Ron McNamara-860 258 2705 "'sad, * r! `N Simsbury Town Clerk,CT .` Resolution Fees,Indexing and Imaging t 6 Carolyn Kelly-860 658 3243 Southington Town Clerk,CT Resolution Fees,Indexing and Imaging VW,„-::' Leslie Cotton-860 276 6210 . ,�« 0,- South Windsor Town Clerk,CT ,fir Resolution Indexing and Imaging c �< Gretchen Bickford-860 644 2511 a Stafford Town Clerk,CT C. ma ax Resolution Indexing and Imaging tr Carol Davis-860 6841765 kil Stonington Town Clerk,CT s i Resolution Fees,Indexing and Imaging ltd Cindy Ladwig-860 535 5060 rj f� ,, b Trumbull Town Clerk,CT Y Resolution Indexing and Imaging zf Rose Lodice-203 452 5036 �„. Wallingford Town Clerk,CT Resolution Indexing and Imaging xI_ Barbara Thompson-203 294 2145 �i West Haven Town Clerk,CT - Resolution Fees,Indexing and Imaging � Deborah Collins-203 937 3534,� Weston Town Clerk,CT iii 4,61 Resolution Indexing and Imaging ilj; Donna Anastasia-203 222 2616 littW, Westport Town Clerk,CT Resolution Fees,Indexing and Imaging ''- Patti Strauss-203 341 1107 3` sim-� Winchester Town Clerk,CT l * Desktop Plus Fees to•igl-iji Sheila Sedlack-860 738 6963 Customer Support Processes Exhibit Part 1: Contacting Cott Customer Support There are three primary methods for contacting Cott Customer Support: 1. Toll free hotline:800-588-COTT a. Cott personnel are available Monday through Friday, 7:00 am through 6:00 pm, Eastern Time, excluding holidays. b. Voicemail: During business hours or after business hours,Cott customers always have the option of leaving a voice mail message for the Customer Support Team. Voicemail will be checked every hour during normal business hours. 2. Email:support@cottsystems.com a. For less urgent issues,a Customer Support representative will check all email sent to this address within one hour of receipt during business hours. 3. Facsimile:866-540-1072 a. For less urgent issues, a Customer Support representative will check all faxes sent to this number within one hour of receipt during business hours. Part 2:Support Processes Cott's Customer Support Call Coordinator will be handling the majority of all incoming requests. The Coordinator is responsible for monitoring all incoming contact via the toll-free hotline, email and facsimile to Customer Support. Tier 1 and Tier 2 Technicians will share this responsibility in the event the Coordinator is unavailable. The Coordinator's role is not to solve incoming customer requests. The Coordinator will gather requests coming into Customer Support, then distribute to the proper resource group (Tier 1, Tier 2, or Tier 3) using group queues. This ensures minimal hold times and allows Customer Support to more effectively and efficiently resolve issues. Tiered Support: There are three distinct tiers within Customer Support. This tiered structure ensures proper levels of knowledge and focus for issues reported. • Tier 1 (Generalists): Comprised of technicians who are generally knowledgeable about all facets of requests coming into support, Tier 1 strives to resolve the issue within one phone call and with minimal time. Typically,Tier 1 resolves 55%-65% of all incoming requests. • Tier 2 (Specialists): Comprised of technicians who focus on complex issues, Tier 2 typically resolves 90%-95% of assigned issues. • Tier 3 (Experts): Comprised of systems engineers and software developers who are subject matter experts, Tier 3 has a group focused on hardware and systems issues, and a group focused on software issues. Part 3:Service Level Agreement Cott is committed to a Service Level Agreement ("SLA") for issues reported to Customer Support. The SLA establishes response times and resolve times,based on priority level. All estimates are based on normal business hours and business days. Estimated Level Definition Response Time & Resolve Time* Priority 1 (High) Problem/Request that is significantly impacting office Immediate Response workflow to the point of zero productivity;there is no 0-6 hrs.Resolve workaround. Issue involving data integrity. Priority 2(Medium-High) Problem/Request is impacting 0-4 hrs.Response office workflow;however,there is a workaround. 0-3 Days Resolve Priority 3(Medium) Problem/Request has minimal 0-1 Day Response impact on office workflow;more of an isolated problem. 0-5 Days Resolve Priority 4(Medium-Low) General inquiries not impacting 0-5 Days Response office workflow 0-30 Days Resolve Response Time: Cott's Coordinator will confirm the assignment of an incoming requests with the customer within this time frame Resolve Time: Cott Support personnel strive to resolve the issue within this amount of time *Response and Resolve times are estimated—times may vary depending on individual circumstances,such as:complexity, connectivity,3.1 party support,resource availability. Customers may contact Cott's Customer Support Manager at any time to discuss matters of concern. Customer Support Manager John Hietter Office: 800-234-COTT,Ext.258 Email:jhietter@cottsystems.com Additionally,Cott customers may contact the Vice President of Technology&Services or Cott's President if further escalation is needed. Vice President,Technology&Services President Bob Mains Gary Ross Office: 800-234-COTT,Ext.251 Office:800-234-COTT,Ext.289 Email:bmains@cottsystems.com Email:gjross@cottsystems.com Suggested Systems Requirements Database Server Raid 1 Configuration 0/S Raid 5 Data Pentium 4,3.2 GHz,4gb Memory(2 processor Optional) Ultrium Tape Drive Ex:Image Storage: 2.95 x 106 bytes/image Windows Server 2003 SQL Server 2003 Remote Support Access Software Web Server Raid 1 Pentium 4,3.2 GHz,4gb Memory(2 processor Optional) Windows Server 2003 Remote Support Access Software All Purpose Pentium 4,3 GHz,1GB Ram,40gb HD,DVD/CDRW Station WXPP 19"Viewable Display Windows XP SP2 Antivirus Software Remote Support Access Software Scan Station All Purpose Station (Fujitsu 5220c) Fujitsu 5220C Scanner 30ppm SCSI USB2.0 ADF/ Flatbed Public Search All Purpose Station Station Station Printer Laserjet 1200dpi,45ppm,192mb EIO memory,NIC (HP LJ4250N) Auto Duplex Unit Date: April 3, 2008 To: South Burlington City Council From: Donna Kinville, City Clerk Re: Computerization of land records The municipal land records are the most important documents we, as property owners, have. These documents are used to buy and sell property, obtain loans with the property as collateral, determine boundary lines, prove ownership,just to name a few. However, the average citizen has no concept of what the work which goes behind insuring that the land records are recorded properly and preserved for the future. In today's world, technology has created a society that demands internet access and immediate response time. In other states there is a demand for a computerized up to the minute land records system. Many states are accepting municipal land records by e-mailing the documents with an electronic signature. We are entering into an era where e-government is becoming the norm instead of the exception. Citizens are beginning to expect a world where information can be accessed 24/7. I am chair of the Municipal Land Records System which is comprised of bankers, lawyers, surveyors, realtors, listers, zoning administer, town manager and clerks. I have studied this area and finally know what questions to ask and what to avoid when researching the various vendors who have a land records computerized system. My biggest concern is the City Of South Burlington's land records must be secure and well protected for the future. In all,the discussions we have had with vendors, the municipalities of the State of Vermont are not ready to discontinue (nor can we per current state statue) having the hard printout of all land records, so we will continue to print off the books. What do we mean by computerizing our records? We would be creating a database which includes all the indexing data such as grantor/grantees, recording date, instrument date, property location,type of instrument and who sent document in to be recorded. These documents would then be scanned and attached to the recording information. A researcher or citizen could do a search of all property by any or all of the database fields mentioned above. Once the appropriate deed was located, a simple click and a copy of the document would actually appear on the computer screen. This would reduce the wear and tear on our original documents. As the database of recording information grows that is needed to do a title search,the city could then post the information on the vendor's web-site for internet searching (and starting to charge for such access). By placing the data on the vendor's website, there is no need to worry about someone using the database to access the city's other records on our server such as financial information. The internet researchers would pay a fee for each time they logged into the system and for the time they spent on the website and for any copies they printed off of the system. This would greatly reduce the traffic flow in the office, reduce wear and tear on the actual documents, reduce operating costs such as paper, photocopier expenses, and maybe eventually even personnel costs. It is my hope and goal that we will have 40 years of land records contained in the clerk's vault to be available for researching within a year on the computerized system. Eventually, it is my hope to be able to have the zoning permits, assessors' cards, maps, property tax transfer forms, and other data that is required for a researcher to perform a search without having to come to city hall. How long it will take to bring all of these forms together under one computerized system will depend on numerous factors such as what software is currently being used by these departments (if any?) and is it compatible with the land records system? What would the cost be to convert the data? What would the cost be to scan the documents? Could it be done in house to reduce costs? These and many other questions would need to be answered before we begin bringing in other departments documents. I have reviewed several vendors in terms of price, reliability, and service, ability of the software and company reputation. Here is a breakdown of the 2 companies that were left after the others were eliminated: ACS —was founded in 1988. They are located in more then 100 countries with over 62,000 employees supporting client operations. The company is ranked 242 on the Fortune 500. ACS supports all levels of government and the private sector with an extensive range of IT services. ACS has been processing land records in Vermont for the following towns, Stowe, Barre Town and City, City of Montpelier, Springfield, and the Brattleboro since 1988. The ACS system is a turn key system (system delivered ready to go). They will provide the City Of South Burlington with the software and the hardware to run the system. They also provide the land record volumes, recording paper, and microfilm the land records. This will be a 5 year contract. At the end of the contract, the information is ours and we are free to continue with them or transfer our data to another vendor. They have proposed a per document fee of$4.60 which you would deduct the costs of the recording paper, books and microfilm which is already in budget. They have also given an additional $1.50 per document fee to have them index the documents for us. We would be able to reduce the office staff by 1 half time position which would bring $12,000 back into my budget and would cover the additional $1.50 cost. COTTS - was founded in 1888. Cot Systems is located in over 650 local government offices. The Cott System is a software system placed on the City's hardware of which the city must make a$20,000 upfront hardware investment(per a cost estimate by Panurgy which does not include labor). You will find the suggested systems requirements on the last page of the proposal. The cost of the system consists of a fee of$3,000.00 for installation. The monthly fee would be $750.00 per month for the life of the 4 year contract. The City Of South Burlington would still be responsible for all the expenses we currently incur such as paper, books, and microfilming costs. I have attached a copy of the proposals submitted by both Cotts and ACS along with several spreadsheets which compares the two proposals in various levels of recording. After much consideration and conversation with users of both systems, I would like to pursue using ACS as the service provider for the City Of South Burlington. Both systems are a land records system and their systems do almost the same processes but the biggest 4 differences are in the hardware, service,upgrades and full indexing option. With the ACS proposal, as the City Of South Burlington grows and needs another server, computers, or scanner ACS will order, pay, install and convert the data to the new server. There is never a question if an issue is a software issue or a hardware issue. No matter the problem, they will fix it even if it means sending a new computer, scanner, server the next day. With the Cott system, we would need to hire someone to do this work for us and pay for the new server and/or equipment. The second issue is the service, ACS is known for its service while Cott's service has been less than adequate in several municipalities. There is a lot of finger pointing as to what the problem is, is it a software problem or a hardware problem? Who is ultimately responsible for the cost not to mention the time factor in a setting that requires up to date information. Many towns have had to hire an IT person to come in and work on the problem which is an unexpected expense. The third issue is that once we are signed on with ACS, the price cannot change for 5 years, all upgrades, law changes and new equipment is included in the price. Several municipalities are still disputing charges by Cotts for various upgrades done or incurred unexpected charges. Cotts is definitely the cheaper of the two systems when volume in the city is high but ACS is close enough price in the average years and even less than Cott in those less than average recording years to warrant their selection (see the attached spreadsheet). The fourth reason is that ACS guarantees (if we chose the full indexing option) that the index is accurate. They are up to date in all the law changes and the new types of documents. The documents would be scanned, sent to ACS electronically, indexed that day and the database updated and sent back to us the next day. This would decrease the amount of work that is needed to be performed on a daily basis in our office and I would reduce the number of part time workers in my office by one (after the presidential election in November) which would save me $12,000 a year ($6,000 for this year) and would pay for the additional fee of$1.50 by ACS. I appreciate your thoughts and your support. City of South Burlington Average year recording volume 35 books a year 26,501 pages per year 5,595 documents per year ACS ACS Cotts full indexing Expense of computerization cost per document $4.60 $6.10 yearly per document cost $25,737 $34,130 montly fee $750 mth $9,000 optional reader mthly fee of$40 $480 monthly fee(3000 pgs/mth) hardware($18000/3 yrs) $6,000 need$18,000 to start(financing?) microfilming costs $0 $0 $3,500 Total yearly software/hardware expenses $25,737 $34,130 $18,980 Savings: books $2,625 $2,625 pages $1,400 $1,400 .5 position elimination $12,000 Total Savings $4,025 $16,025 $0 Net cost of computerization $21,712 $18,105 $18,980 computerization fund collected $26,501 $26,501 $26,501 Cost covered by computerization fund? yes* yes* yes* *balance left to be used for converting other documents into system such as assessor cards,zoning records, etc. start up costs: paid up front 'installation fees: implementation fee $3,000 bar code software&supplies $1,200 • City of South Burlington Year of High recording volume 52 books/year 39,373 pages per year 8,313 documents per year ACS ACS Cotts indexing verification Expense of computerization cost per document $4.60 $6.10 yearly per document cost $38,240 $50,709 monthly fee $750 mth $9,000 optional reader mthly fee of$40 $480 monthly fee(4000 pgs/mth) hardware($20000/3 yrs) $6,667 need$20,000 to start(financing?) microfilming costs $0 $0 $5,200 Total yearly software/hardware expenses $38,240 $50,709 $21,347 misc expenses books $3,900 $3,900 pages $2,200 $2,200 .5 position elimination $12,000 Total Savings $6,100 $18,100 $0 Net cost of computerization $32,140 $32,609 $21,347 computerization fund collected $39,373 $39,373 $39,373 Cost covered by computerization fund? yes* yes* yes* *balance left to be used for converting other documents into system such as assessor cards,zoning records, etc. start up costs: installation fees: implementation fee $3,000 bar code software&supplies $1,200 ` Comparison of services and bids ACS ACS Cotts indexing verification drop down list for names/address yes yes yes price stabilization for 5 years 5 years 4 years hardware: scanning station 1 1 1 indexing or entry station 1 1 1 public search station 2 2 2 ability to integrate other data such as ptr's yes yes yes on same server yes or no yes or no yes time adjustment yes yes yes microfilm included? yes yes no printing off books office office office backup to off site storage monthly daily monthly once on internet daily daily daily index printout timetable 1yr/5yr/10yr/20yr 1yr/5yr/10yr/20yr we do all printouts can web host our data yes-%of revenue yes-%of revenue yes-%of revenue cost of support included? yes yes yes support resolution software/hardware software/hardware software only ACS replace hardware ACS replace hardware we replace hardware M-F 8-5 M-F 8-5 M-F 7-6 software changes our request charged charged charged state mandated changes not charged not charged unsure Conversion Costs to go back 40 years ACS ACS Cotts indexing verification conversion costs-go back 40 years $200,000 $200,000 $160,000 includes all equipment to store data estimate recoop conversion costs - includes hardware - includes 2.5 years& - done in 1 year or less - extra scanner&bigger - can borrow from ACS server or take out loan-billed in increments as completed if we charge$10.00 per signin to view #of visits per year for 5 years 4,000 4,000 3,200 #of visits per day for 5 years 16 16 13 �tR BURLINcicN►N cc'_ City of South Burlington �r 1 4 �)h� 575 DORSET STREET [fii,1 �t1'r� i � SOUTH BURLINGTON, VERMONT 05403 TEL. (802) 846-4107 4_ •'+ FAX (802) 846-4101 4 . r CITY MANAGER S"toA?OWN 0°'acN CHARLES E. HAFTER April 4, 2008 Chairman and City Council South Burlington,VT 05403 Re: Request for contribution to Vermont Convention Bureau to support 2009/2010 USA National Triathlon Championship Festival To All Members: Chairman Smith has received the attached letter from Dave Hakins, Executive Director of the Vermont Convention Bureau and the Vermont Sports and Events Council. The letter announces that the Burlington area has been awarded the opportunity to host the 2009 and 2010 National Triathlon Championship Festival. Tom Hubbard, I and other city staff worked with the Chamber officials to develop the application and participated in tours with USA Triathlon officials. The Convention Bureau needs to raise$200,000 from the public and private sectors to host the event. They have requested that the City provide$5,000 from the new local option rooms and meals tax. Based upon the estimated impact of the event on the local economy and the benefit returned to our hospitality sector which is collecting the tax,this seems to be a very appropriate use of the rooms and meals tax revenue. It will, in fact,most likely return as much in new tax revenue as the expenditure. However,the language of the rooms and meals tax charter amendment approved by the voters does not appear to permit the use of the tax proceeds for this type of appropriation. If you will recall,the proceeds of the rooms and meals tax can only be used to 1) reduce the property tax rate or 2) reserved for infrastructure projects or 3)a combination of 1 &2. This type of appropriation does not fit the above criteria. If Council wishes to grant this appropriation,the appropriate form would be to include the allocation in operating budgets funded by the General Fund. Because the first event is not until the FY 2009-2010 Fiscal Year,the Council can include the funding in that years budget. The rooms and meals tax can be used for infrastructure work in that budget to replace the$5,000 at no increase in property tax levy. Please discuss this item. The opportunity to host this event, and the attending attention is one worth pursuing. Sincerely, Chu(< ft r City Manager Page 1 of 2 Chris & Sue From: "Dave Hakins" <Dave@vermont.org> To: <scsmith101@comcast.net> Cc: "Tom Torti"<tom@vermont.org>; "Tim Shea"<tim@vermont.org> Sent: Tuesday, March 11, 2008 11:08 AM Subject: From Vermont Convention Bureau: Facts About 2009/2010 Triathlon Opportunity March 11, 2008 Mr. Chris Smith Chair, City Council City of South Burlington 575 Dorset Street South Burlington, VT 05403 Good Morning, Chris: Following up your conversation with Tom Torti, I am pleased to summarize the triathlon opportunity: • Event: USA Triathlon National Championship Festival (the sport's premiere event in North America). • Dates: Sept. 17-23, 2009, and again Sept. 16-22, 2010 (national age group championships + Olympic trials followed by annual meeting and trade show). • Status: The Vermont Convention Bureau has won a competitive bid to host the Festival in 2009 and 2010 and is negotiating a contract with USA Triathlon. • Participants: Each year—2,000 amateur athletes, 150 elite athletes accumulating points for London Olympics qualification in 2012, 500 Congress delegates, and an estimated 2,500+ traveling companions for a total of 5,000+visitors. • Room nights at City of South Burlington hotels: Each year—4,000 (est.) • Lodging, food, beverage and retail spending in South Burlington: Each year—$1 million+ (est.) • City of South Burlington will host: Congress (annual meeting and trade show) Sunday- Wednesday, Sept. 20-23, 2009, and Sunday-Wednesday, Sept. 19-22, 2010. (Saturday sports event both years will take place at the Burlington Waterfront and on City of Burlington streets.) The Congress is in addition to the sports event. • Vermont Convention Bureau's share of event-production budget: The VCB will need to raise an estimated $200,000 from the public and private sectors to host this world-class event. • Host Committee: VCB will invite City of South Burlington public and private sectors leaders to participate on a host committee to advise the VCB. • South Burlington Grant Request: VCB asks the City of South Burlington to earmark$5,000 from local option tax proceeds to help pay hosting expenses. Thank you very much, Chris. We stand by to answer your questions, provide further data, etc. This 3/12/2008 Page 2 of 2 promises to be a memorable event for South Burlington and the Lake Champion Region. Sincerely, Dave Dave Hakins Executive Director Vermont Convention Bureau /Vermont Sports& Events Council 60 Main Street, Suite 100 Burlington, VT 05401 802-860-0606, x230 dave@vermont.org www.VermontMeeting s.com 3/12/2008 �S' NBURLINpiO�,rf4 ? . City of South Burlington ' r/+ 1t#�;� 575 DORSET STREET Mini fi t i � SOUTH BURLINGTON VERMONT 05403 TEL. (802) 846-4107 FAX (802) 846-4101 ��'M CITY MANAGER 8hf�4 TOWN M'apN CHARLES E. HAFTER April 7, 2008 Chair and City Council City of South Burlington South Burlington, VT 05403 RE: Consideration for a $580,000 Grant Anticipation Loan for Stormwater Mitigation Project. To all Members: Please approve the attached grant anticipation note for the purpose of funding the local share of requirement of the Farrell Street Stormwater Treatment Facility and Culvert Replacement Project. This project is to provide for the construction of municipal stormwater pollution control facilities to the Potash Brook, including the replacement of a worn culvert carrying the brook under Farrell Street. This project is being funded in part with the help of three grants: 1) EPA STAG 2003—$500,000 Regional Stormwater Runoff Water Quality Improvement Project; 2)VTRANS-$150,000 Highway Structures Program (culvert); and 3)VDEC: ANR-$135,000 Stormwater Mitigation Grant. Total estimated project cost—Fund 277: $1,465,428 Less: EPA STAG 2003 (500,000) Less: VTRANS Highway Structures (150,000) Less: VT ANR Stormwater Mitigation (135,000) Net Local Share 680,428 Less: In-kind and SWU capital allocation (100,428) Balance to finance $ 580,000 We took bid proposals from 3 banks and selected this note with TD Banknorth in the amount of $580,000 priced at 2.77% interest to be paid off in one year, with subsequent refunding planned to be paid off in fiscal year-end 2013. This note will be supported by the stormwater user fees and the storm water budget includes $132,000 earmarked capital funds to service this note. Also enclosed is bond counsel Paul Guiliani's opinion to TD Banknorth, that this is a "lawful general obligation of the City". We recommend that you sign the attached resolution and associated documents. Sincerely, Cartes H east r City Manager ACS 20/20 Perfect Vision TM — Electronic Records Management Workflow and Imaging System For the South Burlington, VT City Clerk February 14, 2008 Table of Contents Integrated System -Overview 3 — Cashiering Module 5 Indexing Module 8 Scanning Module 9 Public Inquiry Module 10 Systems Administration 11 Reporting 12 Other ACS Services 13 ACS Image to Film Conversion Services 13 Data Conversion Services 14 Full Service Indexing 15 Documentation, Training and Support 16 .-. About ACS Government Records Management Division 19 Equipment and Software To Be Installed 20 Customer References 21 Statement of Costs 22 A C S® ACS Enterprise Solutions,Inc. Government Records Management Division PO Box 4889 Syracuse NY 13221 www.acsgrm.com Robert J Gerencser,ACS Sales Representative 800-800-0323 1 A A C S® Government Records Management Division February 14, 2008 Honorable Donna M. Kinville South Burlington City Clerk-Treasurer 575 Dorset Street South Burlington, VT 05403 Dear Mrs. Kinville: We thank you for the opportunity to submit a proposal for an ACS 20/20 Perfect Vision TM records management, workflow and imaging system for the South Burlington City Clerk's Office. This powerful, versatile, and scalable electronic records management system will provide your office with a welcome boost in efficiency and productivity and enable you to provide improved services to the public. The highlights of the proposal include: • 20/20 Perfect Vision TM recording, indexing, imaging & public inquiry modules. • Complete hardware&software (see attached detail). • Hardware &software maintenance for five years. • Digital image to microfilm conversion and storage. • Unlimited training for staff and public users. • Disaster recovery services. Although the 20/20 system is an impressive product in its own right, it is the people and support structure behind the product that truly makes it shine. We look forward to working with you and your staff on the implementation of this dynamic new system. Please don't hesitate to call if you have any questions, via cell phone at 203-671-0323 or office at 1-800-800- 0323. Very truly yours, 9ote4-7 Robert J Gerencser ACS Sales Representative 315.437.1283.800.800.0323(Tel) 888.437.2314(Fax) P.O.Box 4889•Syracuse,NY 13221 2 Integrated System - Overview Our proposal is to upgrade your current system with ACS' premiere Windows-based 20/20 Perfect Vision TM system, including all hardware, software, training, and support services. The 20/20 Perfect Vision TM system will enhance workflow in your office. The ACS Government Records Management(GRM)20/20 Perfect Vision TM Application System is a comprehensive turnkey application that is designed to meet the complete records management needs for the — City Clerk. All modules are tightly integrated, providing a common user interface under Microsoft Windows and storing indexing in a single database repository. The database design provides for the linking of index and image data in a unified design. — Status information is maintained in the database to control workflow between the various modules and to ensure that all functional processing is completed as needed in sequential steps or in parallel with other functions. This makes this System the central point of reference in the City office for indexing and retrieval, driving the workflow of document recording from image capture and indexing to public inquiry and access to documents. The System is comprised of separate modules, and each installation is customized to include only those modules that you require, adjusting workflow parameters as appropriate. All modules are Microsoft Windows executable files that can stand alone, including the underlying database and imaging system — software. The System consists of two major underlying components, with the application software built upon them. They are the database and the imaging system software. The selection of the database is essential to the applications, as is the imaging system software for image support. Flexibility — The System is divided into separate application modules, packaged as a set of Microsoft Windows executable files and associated objects. These can be combined to give menu level access to several modules for different users as deemed appropriate, and to lock users out of modules that don't apply to them.All modules are Windows compliant. System users can be given access to several modules simultaneously. In addition, each executable can be run with parameters that can be set to allow certain functions to be masked from the particular user. These parameters can be set automatically from the security module and/or as menu level access functionality. Elimination Of Redundant Data Entry The System database is a unified database that handles all of the functional needs of your office and at no time requires redundant data entry. At each processing step all previously entered data is displayed for further — processing, and fields that can be computed as formulas are filled automatically. The previously entered data can be corrected by override at any point in the records' management process by authorized users. Data flows through the system, and is'expanded' as more processing is completed. Task Switching It is important for operators to be able to switch from task to task rapidly. In other words, "hot-key"capability must exist at the workstation. For example, hot-keying can exist between recording functions. If a data entry — operator using the data expansion module wished to switch to an inquiry screen to perform a lookup, while only half way through the data entry operation, it would be possible to switch back to the data entry screen and resume exactly where the user was working previously without losing any data. . 11 Pop-up Windows Pop-up or pull-down windows are present in any module involving data input. All table driven data such as document types codes, common names, etc. will be presented either as'drop down list boxes' (pull-down)or — as Pop-up selection windows as appropriate. The contents of values and comments regarding these values are under direct control of the system administrators who maintain these tables. Data may be entered without using the pull-down or pop-up functionality(it can be automatically bypassed). Data can also be selected from these windows without being entered. Invalid data entry in a coded field will automatically activate the drop- down or pop-up functionality. Drop-down list boxes will support first letter pattern matching to speed code location, and pop-up windows will allow for an exact search to limit results for large code tables. — 3 Help Context sensitive help is available as a standard feature, implemented in several ways that are under system administrator control. Help text information is encoded in the document types table, and can be differentiated for access by different software modules. When each module is being run, this help text can be displayed immediately and is contextually based on document type. The system also contains a system administrator- - maintained help text table. This table associates a single or several windows of instructional data with specific application windows, and provides instructions on operations involved with that window. Real Time Record Book Prints Your new system's Imaging function will enable you to print your own record book prints, in your office, in real time. You will be able to place a book on your shelf shortly after the scanning of images is completed, rather than waiting several weeks. Using your new scanner-equipped Imaging workstation, your staff will scan documents, and then, using the high-speed laser printer included with your system, will be able to print record books in real time. This will give your office: • Complete in-house control of record book prints. — • On-demand book printing, eliminating one week or longer book turnaround. • Elimination of shipping expenses. 4 Cashiering Module Cashiering and Document Reception This module supports multi-line multi-location document reception, instrument numbering, clocking, calculation of fees, accounting, and creation of the computer record. Calculating and Accounting for Fees The System automatically will price all documents and services using system administrator updateable table driven fee schedules that will spread the transactions over multiple accounts. Fees are combined into standard fee groups, which can then be associated with document and/or transaction types. Revenue from non-recording operations can be easily entered into the system and associated with appropriate accounts. The System has easy to use functions to handle'multiple' documents, single physical documents that are in fact recorded and indexed as several documents. Additional fees are collected for each document type entered, and index data is maintained so that each entry can be indexed separately. At the same time, these multiple entries are automatically associated with the same document image. Tracking of no-fee and no-fee stamped documents is a standard feature. The document input process creates an index record for each document recorded and assigns the Instrument Number for each document. The Instrument Number and related recording information is printed on the document,which at your option can be in barcode format. The Instrument Number and/or book page number can be repeated several times for multiple pages of the document. Multiple file series support is standard. Support of multiple series is based on document type and maintainable by the systems administrator. It is possible to vary this format as needed. The instrument number rollover period is maintained in the instrument number control table, with standard rollover periods of daily, monthly, yearly, and no rollover selectable by the systems administrator. Batch Recording The System provides support for the batching of documents so that consecutive Instrument Numbers can be assigned or pre-assigned to documents in three ways: 1. Interactive Batch Standard document instrument input in the System is a batch process, where the case of a single document -- is treated as a one-document batch. All related documents are entered into the document recording and point of sale software and automatically priced by the system.When the end of the batch of related instruments is entered, the fees are collected for the entire batch. This is when consecutive Instrument Numbers are assigned. This method supports multiple-line recording without the pre-assignment of the Instrument Numbers. 2. Title Company Batch The System has a complete subsystem for allowing for pre-assignment of Instrument Numbers for batches of dropped-off documents from high volume filers such as title companies. A batch record is created within the System, reserving the appropriate number of Instrument Numbers for that batch and sequencing the Instrument Numbers with the current interactive batch recording in process. These batches can be recalled and selected from a list of available batches by any recording station operator, running the exact same software as the interactive batch entry, with the exception that some data can be defaulted for the batch. The recording time is preset when the batch record is created and the Instrument Numbers have been pre- _ assigned. 3. 8:30 Batch The System has specialized functionality for 8:30 batches, documents that are dropped off and recorded as the first documents at 8:30 the next day. These batches are processed in a similar fashion as Title Company Batches, the exception being that they use the beginning Instrument Numbers for that day and are considered recorded at 8:30 AM, regardless of what time the actual computerized recording is done. At the beginning of each day the recording supervisor must ensure that 8:30 batches have been created and then enable assignment of Instrument Numbers for interactive and title company batch functions. 5 Assigning Instrument Numbers The System automatically sequences Instrument Numbers to service multiple reception lines and multiple batches. In all cases only consecutive numbers are assigned at the beginning of the recording transaction. Point Of Sale, Bank Teller Type Accounting The System provides point of sale, bank teller type accounting to records' management. All transactions provide a complete audit trail by user/cash drawer for reconciliation, as well as to generate revenue and statistical reports. Every batch of recorded documents or financial transactions is assigned a sequential receipt number for tracking through the software. A physical receipt is also printed and journalled on the cashiering workstation printer. Tight controls are maintained to ensure proper collection and distribution of fees. The point of sale software ensures that adequate fees are collected in order to complete transactions, handling surplus as a standard feature. Financial adjustment, over/short, and accounts receivable supervisory functions are strictly controlled by security. An audit trail is maintained for all financial adjustments indicating adjustment date and user id, and providing views of both the original and adjusted data. The point of sale software automatically cross-checks customer accounts at the time of recording to ensure that the account is active, has sufficient funds if'draw-down', or is within credit limit boundaries in a charge account before allowing for recording of documents. Print Instrument Number, Date,And Time On Document And/Or On Peel And Stick Labels The System prints the Instrument number, date, and time, as well as any other standard recording information, directly onto the documents as a part of the recording process. The Daily Check Report prints out, upon request, a list of all checks received for the day by cashier, and combined for all cashiers. This report can also be run for any department separately or combined. It also summarizes cash position and can be used as supporting documentation for making bank deposits. Balancing Summary and detail reports are available by date range for balancing and revenue reporting. As with all such reports, they can be routed to either a printer or displayed on-screen. The system assigns and categorizes revenue for all documents at the point of recording. Adjustments are entered into the system by a supervisor and merged with the data on the report. The system calculates all totals. The System can automatically generate transaction entries for specific general ledger accounts and provide reports for entry into a city-wide general ledger system if this is desired. Accounts Receivable The System has an integrated accounts receivable module. This module supports'draw-down'accounts for customers with money deposited on account in advance of service, as well as charge accounts. The system enforces sufficient funds for draw-down or credit limits for charge customers at the time of recording. An on- screen, up to date account record is maintained, and the system can generate billing statements by date range or selectively for daily, weekly, monthly or quarterly billed customers. All charged transactions are reported on standard accounting reports, as well as billing and customer account information reports(balance, activity, low balance). Pre-Indexing of Documents The System records in the system database, for pre-indexing, along with the other transaction information, on all point-of-sale terminals: • Number of pages. • Deposit account name(Title Companies) (optional) • Grantor or Grantee at Cashier's discretion (look-up table) • Recording Number. • Fees(calculated by system). • Date(auto-fill). 6 • Time(auto-fill; clerk has ability to stop clock). The above information entered at the point-of-sale entry is available immediately to the data entry/index expansion clerk. There is no redundancy in the data entry effort. Your office may choose to add indexing database fields in addition to the above. These can be optional or mandatory fields. Flexible Numbering Account Numbers can be entered via pop-up windows, dropdown list boxes, or be assigned to function code keys that will be assigned to your specifications. Enable entry of Information at document reception terminal The document reception terminal will provide for data entry in a timely manner. All data validation rules and valid values will be locally present on the client PC after application startup to ensure rapid response for data — validation irrespective of network traffic. System response for receiving information in a field is immediate. Records are only transmitted to the server upon batch completion, ensuring rapid response between records. Print customer receipt with data elements and format controlled by Systems Administrator The receipt printing will be customized to match the format specified by your office and establish a parameter control file to allow the system administrator to change elements of the receipt format. For example, the _, receipt may contain: Instrument Number, date, time, itemized fees, name of jurisdiction, cashier id, register number, and account balance, i.e. draw-down accounts and accounts receivable. Endorsing/Validating Checks The Cashiering workstation printer can endorse checks. The text to be printed as a validation is maintained in a control table by the system administrator. ... 7 Indexing Module r This is the main data entry module. It is here that data is entered, corrected and sorted, and an alphabetical month-to-date listing is printed out daily. All indexing functions generate verifying, missing number, numeric, missing image, and new entries summary reports. For your convenience, mailing labels can be generated and all images can be displayed with any indexing function. Screens Allow Rapid Data Entry All screens are designed for rapid data entry and data elements are accepted immediately at the index workstation. Transmission of records is achieved through the index software and should take less than a second per record. Repeat Common Data The System contains multiple repeat data keys to speed data. Options include(1) repeat key, which repeats a data element from the same field on the previous screen, (2) repeat all data elements from the previous screen (these repeated fields can be edited) and (3) repeat multiple fields as designated by operator. Additionally, the Windows clipboard can be used to cut and paste indexing data. Toggle Function The grantee on one document may be the grantor on another. If the grantee name is repeated from a previous document and the name should be the grantor on the current document, the operator with one keystroke will be able to copy/move the name in the grantee field to the grantor field. Other examples would include document type, customer name, and customer address. During Indexing several functions are available to repeat document and grantee/grantor information from document to document including single key toggle of grantor/grantee names, repeat of document type, and repeat of customer data. Another example would include the repeat of a legal description. Verification There are three methods of verification (1) print verification whereby actual document is compared with printout, (2)sight verification with update correction by document, and (3)verification by re-entry with data errors reported to operator. Methods(2)and (3) must be available using either paper documents or displaying the image on the screen. Error Messages At all points of data entry, validation checks take place, both for entry in fields immediately and for valid combinations of data in several fields. In all cases comprehensive on-screen user oriented error messages are displayed. If more than a single line explanation is possible, an expanded message in more detail will be available via a single keystroke. Edits Edit controls include but are not limited to the following: All fields can be designated "Required"or"Not Required", depending on the type of data being entered. Additional logic for a required field entry can be mapped to document type. Or, it can be stipulated that if one field is entered, then others may also be required. All edited fields can have their editing values changed on- line via table maintenance routines that take effect immediately without any coding changes or recompiling. Multiple Screens The System can be configured with multiple data input screens for different classes of documents, or alternatively, a universal screen may be used if the system understands which fields must be completed for each class of document and automatically advances the cursor to the correct next field. However, the operator can override the system and enter data in any field if necessary. The system will present needed fields for a specific document type. The system will read the value in the"document type"field and adjust accordingly. If document type is in error, the operator can correct it. The purpose is to eliminate unnecessary tabbing from field to field. At completion of all necessary fields, cursor will jump to last position, ready for record input. 8 Scanning Module — Why Scanning? Clerks have two primary functions relative to land records: one, receiving and processing, and two, archival preservation of public records. Accomplishing both tasks simultaneously and efficiently is a continual challenge. Microfilming technology, invented many decades ago when photographic technology was considered 'leading edge', is still the de facto legal standard archival medium used to preserve public records. However, by today's standards, direct-to-microfilm technology (using a microfilm camera to microfilm documents as they are received in the Clerk's office) is slow and cumbersome. It can take several weeks to — preserve a public document and release it back to the public, using direct-to-microfilm technology. This results in delays in processing of mortgages, liens and other documents. — The reasons for these inherent delays in direct-to-microfilm technology are numerous. The process is technical and complicated enough to require a skilled, qualified operator, and it is involved enough to require a special, separate step—often a bottleneck-in the document handling process. Documents can pile up, awaiting microfilming, and must be retained until the exposed microfilm is shipped to a microfilm processing — laboratory, processed, then inspected, printed on paper and bound into books, returned from the lab in both book and film formats, and simultaneously copied and shipped to secure storage facilities...all before the original documents can be released back to their owners. This process requires extra time on the part of the — busy Clerk staff, further complicating customer service. Over a decade ago, ACS began to introduce electronic document scanning systems in our customers'offices to help resolve these issues. Scanning is one the most cost-effective and liberating advancements that a — Clerk can adopt in the quest to improve the office's operations and enhance its ability to provide essential services to the public. Unlike direct microfilming of documents, which requires special cameras and special photographic skills, scanning of documents can be easily done by a typical staff member, without a lot of — specialized knowledge, on a scanner-equipped computer workstation that is part of an ACS integrated computerized document records management system. With scanning, there are no microfilming cameras and associated materials taking up space in the Clerk's office. And, because scanning is much faster and easier than microfilming, document'pile up' is greatly reduced. Scanning typically produces turnaround times of two — days, whereas direct microfilming entails turnaround times of several weeks. Scanning does not replace microfilm—it just makes microfilming less time consuming in the document — preservation process by generating microfilm later, at a more convenient time and place, outside of the Clerk office. Scanning enables you to immediately generate, store, recall, view, and laser-print a high-resolution digitized image of any received document in seconds. You can print your own land record books in 'real time', in your office, if desired. With scanning, microfilming and record book printing become faster, more efficient, follow-up processes. 20/20 Scanning Module Description — In the scanning module, documents are processed one at a time or in batch and held on magnetic storage. The document images will be available to the public upon indexing. In some instances the City may wish to scan documents immediately, other times in batches. Index Records Matched to Scanned Images All filings are pre-indexed by the Recording process with an instrument number, entry date and time, volume and page and other default information assigned. The system employs a scheme of matching index to associated image via a unique document identifier. Signal System When a Document has been Scanned The operator will be able to indicate the end of a document by a single keystroke. The system provides an — immediate page check, reconciling pages entered at document reception versus pages scanned, allowing the operator to add any pages missed at scan time or correct the error made in page count at document reception. — Public Inquiry Module This module provides access by the public and staff to index information and images. The System provides very fast inquiry of any index selected by a keyed value in the database. The response time is usually less than three seconds. Ease of Use All public inquiry functions are designed for users without extensive computer experience. It is our goal to serve the public and avoid burdening your office with providing support or training to the public. Microsoft — Windows is the user interface and most functions can be accessed with or without a mouse. Most Windows features can be restricted including launching new windows, minimizing, maximizing, etc. — System Limits On Searching If a user requesting information from the index does not sufficiently qualify the search, the System will inform the user to be more specific. For example, if there are a million records with the last name Smith, and the user enters only last name of Smith, the System will inform the user to enter a first name or date range to further — qualify the search. The application determines the size of result lists before results are retrieved. Control records allow System — Administrators to limit search results and require additional search parameters to be entered when result lists would be deemed to be too large. — Searches For Partial Strings In Names Standard searches are either by exact string or partial string of leading characters. The System is not case- sensitive. — Results Of Search Displayed On Screen Search results are displayed on screen, in list format when more than one record is found or in detail format if a single record matches the search criteria. Users can bring up the related document image via a single function key. — Customers Request Copies Customers may request copies directly from the public terminals and these printouts will be routed to — appropriate printers. The System will calculate fees and inform the customer of charges. The customer can either enter identifying initials or cancel out without completing the copy request. Search Program Flow "' The System will display single record detail screens when a single result is found or a list of results with a pick box to select records. The user will be able to scroll throughout the entire range of results. The order of the documents displayed will be based upon primary search and determined by what search parameters are — entered by the user. Documents may be selected by highlighting or checking one or more row in results window. Detail screens and the image(if applicable)will be available for each item selected. The list of data includes, but is not — limited to, document type, names, and book and page. Both the results screen and detail screen data will be printable, and the operator will be able to return to results screen or menu from the detail screen. _ Image Display When document detail is displayed, the image will be automatically displayed in the multiple or single record search results window, in full on a high-resolution imaging monitor in readable format. Functions such as page navigation, zoom, rotate, resize, etc. will be supported in the image display window. Image Printing Documents can be printed directly from the index, with or without prior image display. The image can be printed at a printer attached to the network, or a local printer. — — 10 Image Caching The System supports caching of pages, so that pages will be available for rapid display. Each workstation is capable of caching multiple pages. The System caches an entire document and displays the first document page, so that once the first page of a document is retrieved and displayed, subsequent pages will already be in electronic memory so they can be displayed as rapidly as possible by jumping to next page, previous page, first page, and/or last page. Systems Administration The systems administrator has the capability to modify, maintain and enhance the system, as needed: Creation and Update of Tables All City-defined multiple value validation values are stored in tables (document types, frequent returnees, customer codes, etc.). A standard file maintenance routine is made available for updating and adding information into all such tables. Customization of Menus and Log-On Procedures Menus and Log-On Procedures will be built and customized for the City. A complete list of executable objects and parameters will be supplied to allow for customization of menus and log-on procedures. Backup The system provides backup for images and index data, allowing the systems administrator to control backup and adjust backup procedures. Image and index databases are retained on-line indefinitely. Procedures are established for backup of images and data utilizing a suitable backup device. These procedures will be provided so that system administrators'can control and adjust the backup process. The software will allow the City to perform both full and incremental backups. Audit The System generates an audit record for each record deletion from the index database. This record can be viewed or printed at the users request. Security The security module allows the system administrator to add or define user profiles to control log on access and utilization. Each user is assigned a security level that will automatically mask higher-level functions on a hierarchical basis. Menu level security is employed by specifying the start menu in the security file. Page level security is also available. — 11 Reporting System users can create special and ad hoc reports easily, covering all aspects of workload, document type, system usage etc. — Select and Sort on any Key The system database design has taken into consideration reporting uses and designed keys to provide rapid report generation. Reports can be selected and sorted on any key from base tables or combined table views. Reporting Capability The System includes a full complement of standard reports on all administrative areas. Some examples of these reports include: • Revenue Summary Reconciliation Report • Revenue Detail Reconciliation Report — • Recording Statistical Analysis • Checks Received Report • Account Balance Report • Daily Register — • User Productivity Reports • Workflow Reports • Daily filings Report — • Charge Account Statements • Grantor/Grantee Index Printouts • Document Type Codes Printout — • Mail Back Codes Printout • Common Name Codes Printout • Fee Transfer Report • Trial Balance — • Disbursement Report ACS will provide new, state-mandated reports at no extra charge. And, at extra cost, ACS can create other — kinds of reports if the City desires to order this additional service. 12 Other ACS Services ACS Image to Film Conversion Services The proven long-term archival stability of microfilm has won its near-universal adoption as a legally mandated backup image archival medium of choice in almost every U.S. state. ACS will provide electronic image to microfilm conversion A0 for all ACS clients who have adopted image scanning. ACS _ I image to film conversion services allow customers to enjoy the tremendous accessibility and productivity gains that come from document scanning, while also maintaining a complete, legally compliant microfilm-based backup system. Our image to film services also save you considerable time, space and expense by eliminating the need for you to maintain and staff a microfilming area. During an image to film conversion, ACS will convert your digital images to ACS'Image Conversion Laboratory uses latest archival processed 16mm microfilm. technologies and equipment to perform image-to-film servics. • When your CDs arrive, we load your image data onto a computer. • The images are then uploaded into an XFP2000 imager, which transfers each TIFF image onto 16mm microfilm. • The 16mm microfilm is removed from the imager and processed through a developer to achieve the final product. Archiving&Disaster Recovery Data Archiving and Disaster Recovery are all included in our standard service contract. Our services are carefully organized to give your records the protection they deserve and your customers expect. Once a month, after your operators have completed verification and have merged all their month's indexes into their respective histories, your operators will copy each index for that month to data media and send it to ACS. When we receive your index data, we load it onto one of our ACS Data Center computers. Our computers are housed in a climate-controlled, state-of-the-art computer room protected from intrusion and electrical power outage by multiple security devices and a backup generator system. A. Once loaded, your data is examined by special software to ensure that all of the proper record fields have been captured correctly. B. Then, your data is automatically backed up to computer tape on a precise rotation schedule. On a daily basis, your entire database of index and image data is saved to magnetic tape C. Each month, ACS makes a printout of all your month's indexes and sends it back to you. Then, the data tape is duplicated. D. The original is stored at ACS' on-site corporate tape library, and the duplicate is sent to a secure underground storage facility. Once a year, you will make two backup tapes of the year's data. You will keep one tape, and send the other to ACS where it, too, will be stored and kept secure through steps A through D, above. Points to Consider: All tapes, both at the ACS facility and off-site facility, are maintained and inspected annually to assure the life of the archived data. ACS follows all ANSI (American National Standards Institute) recommended procedures for archiving magnetic data. 13 Your data always remains your property at all times, regardless of storage location. — ACS guarantees upward compatibility of data, both magnetic and imaging, as new technology is developed and adopted by ACS. If a new, superior technology for data archiving is invented and gains widespread usage, ACS will ensure that your data can be migrated to the new technology for optimal long-term protection. In conjunction with archive storage and protection, ACS also provides disaster recovery services. In the event of a major disaster, ACS is always prepared to replace and/or restore all your historic and current databases. Data Conversion Services Included in our contract price are complete data conversion services to move your existing data into your new — ACS 20/20 system. 14 Full Service Indexing ACS is pleased to offer our Full Service Indexing for the proposed 20/20 Perfect Vision System. With ACS Full Service Indexing, after all documents are received, recorded and either microfilmed or electronically scanned by your staff, ACS does the rest: we process your microfilm or download your scanned document images. Our experienced technicians carefully abstract and index the documents. Then, using well-developed accuracy and quality control procedures, ACS verification experts highly trained in indexing and accuracy assurance, conduct a thorough, line by line comparison between each original document and its index entries, using your methodology. Finally, ACS generates and delivers precise, sorted and merged (monthly/year-to- date/yearly consolidated) new indexes in on-line and/or printed format.And, as an added service, an electronic copy of the index is securely archived by ACS for disaster recovery assurance purposes. Key Advantages of ACS Full-Service Indexing 1. Improved Accuracy and Consistency — ACS generates for you a new, accurate computerized index for documents recorded over any specified period of time, with ACS' full assurance that accurate and complete information will be compiled and used during indexing, and that the information contained on original recorded documents exactly matches your new index. 2. Expert Indexing Help, When You Need It — ACS is always there, ready to provide rapid, efficient and highly accurate resolution of episodic indexing backlogs. 3. Enhanced Customer Service for your office - Eliminates index series that are either too short (requiring tedious, time-consuming searches through multiple index books) or too long (resulting in excessively long searches and monopolization of one index book by one searcher). Steps in the Full Service Indexing Process 1. Indexing from Microfilm or downloaded images - ACS indexes your land record documents in chronological, book-and-page sequence-matching the sequence in which documents are recorded and imaged on microfilm (or other media.) 2. Index Verification - ACS indexing specialists assure that for index entries verified by ACS, the chain of title associated with each parcel of property remains intact and traceable using the index entries that have been made. 3. Checklist-With lines keyed in, a listing is printed of all data (in numeric order) and is matched against the film or imaged units from which the lines were created. 4. Verification - The ACS index verification staff then takes the indexed lines and the corresponding microfilm (or other image source) and compares them for 100% accuracy. This includes checking for misspelled names, incorrect book/page numbers etc. 5. Review - All indexed instruments at this point are then reviewed by an ACS supervisor assigned to the project. If any problems or questions exist at this point, the supervisor works closely and resolves them jointly with the customer. Once approved, the information is considered to be in final form. Aim — 15 Documentation, Training and Support Application Enhancements Policy We comply with all state requirements regarding the verification and authentication of the recording and filing process. ACS, in fact, does not charge for enhancements to the system that are a result of state mandated changes. ACS reserves the right to make application enhancements to the software with prior written notification to the customer. There may be a charge for such changes if requested specifically by you. Any such charge for the requested change shall be submitted in writing to you, prior to ACS initiating the change. If you and ACS agree to substitute and/or add new application programs when it is in the interest as determined by you, such substitutions and/or new additions will require an increase in fees and will be agreed upon in advance and authorized in writing by both parties prior to implementation of such changes. Documentation On delivery of the 20/20 Perfect Vision TM system,ACS will supply complete user training and user documentation, complemented by 800 support for user questions. ACS does not provide details of program code, systems design and application development methodology. Furthermore, since ACS' proposal holds that ACS will maintain the system throughout the contract period, we will handle all code design, maintenance and updated documentation deemed necessary. Implementation Transitioning to an ACS 20/20 Perfect Vision TM system will give your office many new tools, which in turn will provide many opportunities for your staff to expand their knowledge, skills, and responsibilities. Affiliated Computer Services will make your transition affordable and trouble-free. ACS is the company best suited to understand your current office operations, staff, procedures, requirements and anticipated future technology directions. The proposed 20/20 Perfect Vision TM system by ACS will be jointly planned and specifically tailored, implemented, monitored, and supported under a new service contract. ACS will be responsible for all maintenance, upgrades, revisions, training, and support of all ACS-owned hardware and software. Our Information Processing Specialists will continually monitor the system over the life of the contract, ensuring the proper functioning of all technical features and daily system operations. ACS will provide all the resources necessary to ensure the smooth operation of the new system. A full Work Breakdown Structure(WBS)will be supplied after final contract negotiations are completed and all details have been identified and agreed upon. The WBS will summarize the events and tasks that will occur during the installation and implementation phases of the project. When the contract is awarded to ACS, we will immediately set to work installing your new server, system software and new imaging and data entry workstations. ACS will use corporate project management methodologies during the implementation and life of this contract. This includes a project notebook, status letters, Change Control, Issues management, and work breakdown structure(WBS). All dates in the Work Breakdown Structure(WBS)and Project Notebook are relative to the contract signing date. For every day that the contract signing is delayed, the project schedule will increment one day. (a day for a day). For contracts that require the installation of a phone line (ISDN, POTS, or T1), we are subject to the time constraints set forth by the phone company. We are averaging approximately 3-4 months for the installation of ISDN and T1 lines. These times will be reflected in the WBS. 16 Training An extra benefit of dealing with ACS is the quality and experience of our trainers. At ACS, our trainers do much more than simply conducting on-site training classes; they also answer all help desk inquiries and are even intimately involved in the testing of new program code before it is released. This means that the training staff who will be teaching your employees possess complete knowledge of the programs being used, enabling them to provide the best possible instruction. ACS will send support staff to your office to conduct hands-on system training for your personnel. This training will cover all operations from start to finish, beginning with logging in, explaining and demonstrating all functions, and ending with logging off. ACS will also supply user manuals that will fully explain all system functions and procedures. Our professional support staff will make the transition to ACS easy. Our system was engineered with the end-user in mind. It is simple to use, and with the experience level of your staff, they will be able to fully utilize the system after our training course. ACS has installed hundreds of computer systems and system upgrades in offices across the United States and understands your office and the needs of its personnel. The ACS support staff is accustomed to working with people who have a wide variety of computer experience and backgrounds. Our training program can be designed around the different skill levels of your staff. The 20/20 Perfect Vision TM system is totally menu- driven and is very user friendly. The menus are clear and English language-oriented, using terms that are meaningful to each office. Typical Training Schedule Training Module Number of Training Days Cashiering Training 3 days Indexing Training 3 days Imaging Training 3 days The number of training days may increase/decrease due to the number of people to be trained. Ongoing Support ACS is the single point interface for any problem regarding the ACS 20/20 Perfect Vision TM system. An extra benefit of dealing with ACS is the quality and experience of our well-trained, friendly support staff. Our support staff does much more than simply answer help desk inquiries. They also conduct all on-site training classes and are intimately involved in the'torture-testing' of new program code before it is released. This means that the support staff who will be answering your questions will possess exhaustive knowledge of the programs being used, enabling them to provide clear, accurate direction and training. Telephone Support Our goal at ACS is to provide superior customer service to our clients. We do this by providing a convenient - toll free number for our clients to call our support technicians. Our support technicians are always available to answer any questions or solve any problems being experienced at the site in either hardware or software. They are trained to handle any type of problem, and understand the need to use simple, easy to follow instructions when stepping a customer through a problem. This primary phone number, (800-800-7009)will provide support for all hardware or software questions and is staffed from 8:00am-5:00pm Eastern Standard Time, Monday through Friday. We have enhanced our call handling procedure with special call management software and a Call Dispatcher. These advancements allow us to more aggressively manage all client calls for faster response and rapid issue resolution. The call dispatcher logs all calls that come in on our direct support line, and captures each caller's basic information such as the application they are using and the area in which they are experiencing — an issue. This call information is instantly available on our support technicians'computer screens and prepares them to respond quickly and to provide better, faster issue resolution. The system also provides us with useful information -accurate reporting of call volume, critical problem areas, and the time it is taking to provide assistance to our clients-permitting us to take a more proactive approach to issue resolution and to identify areas where further client training may be required. 17 E-Mail Support For all customers, ACS now provides optional E-mail access to ACS' Client Support staff, at acs.support@acs-inc.com to report, or follow up on, any procedural, hardware, software, or application issue. While the ACS 800.800.7009 telephone support number remains your primary means of contacting an ACS Support Representative, many support issues or questions are either less critical or may be more — conveniently reported and/or responded to, via E-mail, which also provides an immediate written record of all Support correspondence for both parties. Your E-mails to ACS support will be answered as quickly as possible, within a maximum of two hours, by our support staff. — Follow-up Training After the completion of initial training, we will gladly train new personnel or provide refresher training for existing personnel. — 18 About ACS Government Records Management Division The ACS Government Records Management(GRM) Division is the primary ACS office that will provide all services. A ACS W.Mil11111 >•�� '— ACS GRM has over 500 employees, including 1 MOP MO project managers, hardware and software support 1111110111110 personnel,systems managers, installation 611111E1111'-�, ; specialists, programmers, marketing and sales staff. IMOt » Our facility houses secure data storage and a complete micrographics laboratory. ACS GRM is the largest provider of government records management solutions and systems in the United States. We're innovators.We were the first company in the U.S.to offer a microfilming system for land records. We introduced the first computerized land records ..,, indexing system.We were the first company to place personal computers in Clerks'offices to index land records. For over 40 years we have been a leading FAST FACTS ABOUT ACS provider of computerized land recording and • Founded in 1988. indexing systems for land recording offices.We • Over$5 billion in revenue for FY2006. have been providing Imaging solutions since 1992. • 62,000 employees supporting client operations reaching more We provide services and solutions for over 3,000 than 100 countries government clients nationwide,and have installed • NYSE symbol:ACS. over 500 ACS records management systems. • Web site:www.acs-inc.com. • Ranked 424 on the Fortune 500. We are a single-source,comprehensive service • Ranked 4th largest IT Provider in Information Week's Top 500. provider,not just an equipment and software • Our diverse client base is comprised of Fortune 50,500, 1000 marketer.We offer all the services needed by Clerks companies and all levels of government. under one roof: indexing, re-indexing,verification, microfilming,binding,data backup,conversion of microfilm to digital images and images to film,and disaster recovery.We are also an Internet service provider,offering Internet access services and web-delivery of our customers'records. Unique ACS Advantages • Full Service Orientation-we sell services,not hardware. • No Capital Expense-no need to budget for hardware purchases. • Predetermined Cost-no hidden extra cost'surprises'. ,_ • Superior software. • Unique ACS Support Services-we can do more for you than our competitors can do. • Professional Staff-we are experts in our field. • Single Source Accountability-We are the only company specializing in solutions that offers across the board services as a single source provider.We handle everything. Because of our size,ACS is able to offer ALL the services your office will need,under one roof. Having all services coming from one company gives you an immense advantage:single-source accountability.With ACS, if a problem ever develops,there will be no finger- pointing;no delays waiting for subcontractors to act.We are entirely responsible for fixing the problem to your complete satisfaction,quickly and efficiently. ACS'client-focus, world-class capabilities, commitment to operational excellence, and strategic vision, are crucial factors that you may wish to consider in choosing a service partner. 19 Equipment and Software To Be Installed Personal Computers: Dell PE 1 File Server _ Dell OP 755 D 20" FP 2 Public Station Dell OP 755 D 20" FP 1 Cash Station Dell OP 755 MT 20" FP 1 Scan Station _ Dell PwrConnect 2708 Switch 8Port 10/100/1000 gb 1 Switch Scanners: Scanner- Fujitsu 4340C 34ppm 8x11 (349761) 1 Scanner _ Printers: Laser Printer-HP 4350 DTN (176132) 1 Laser Printer ReceiptNalidator-Axiohm A760 serial 1 Receipt Validator Backup: APC BE550 () (46436B) 3 UPS APC 1500 NET(861904) 1 UPS SEAGATE 250GB EXT HD USB ONLY(40073F) 1 USB EXT Drive CERTANCE LTO2 TAPES (cIm400-1) (203357) order 20 20 TAPES Cash Drawer: Cash Drawer APG (VB320BL1616) ()() BLK 1 Cash Drawer Cash Drawer APG CABLE (CD-001A) ()() BLK 1 Cash Drawer *Minimum Specifications.Precise equipment configurations subject to technology advances and/or changes in vendor availability.For ACS supplied hardware, we purchase name brand equipment based on the reputation the company has in the IT marketplace.As an example we purchase Dell Personal Computers,Fujitsu scanners,and Hewlett-Packard printers.Being recognized industry standards, we accept the response times,print quality,and overall performance of this equipment as the best available in the marketplace. 20 Customer References Brattleboro, VT Town Clerk's Office — Contact Name: Honorable Annette L. Cappy Phone Number: 802-251-8129 — Springfield,VT Town Clerk's Office Contact Name: Honorable Bonnie Reynolds Phone Number: 802-885-2104 Stowe, VT Town Clerk's Office Contact Name: Honorable Allison Kaiser — Phone Number: 802-253-6142 — 21 Statement of Costs 20/20 Perfect Vision T""System: $4.60 per document Full Service Indexing: $1.50 per document,additional Note:All prices quoted are based on a five (5)year service contract and are valid for 60 days from proposal date. Included in the Price: 1. Online system with Automated Fees and automatic assignment of book and page numbers and validation, Imaging and Indexing of Land Records with Public Inquiry. 2. All equipment as specified in page 19 of this proposal. 3. Archival approved microfilm created from your images. 4. Record book fly sheets, 24#punched linen paper, and binders. 5. Image and index data conversion from current system. Please see page 22 for conversion information. ,,- 6. Monthly, year-to—date and yearly consolidated index prints included with service. 7. Hardware maintenance throughout contract—24 hr. replacement on system critical components. 8. Software maintenance throughout contract—including software modifications/enhancements and operating system maintenance/upgrades. 9. Single Source accountability for system hardware, software, supplies, procedures business knowledge, e-business, index prints, binders, and microfilm services. 10. ACS Toll Free e-Support Line—800-800-7009 covering all hardware and software support or e-mail us at ACS.Support(a�acs-inc.com. 11. Supplies can be ordered at ACS.Supplies@acs-inc.com. 12. Customer Database has four(4) levels of data redundancy— 1)on primary server, 2)off-site backup, 3)on backup media, 4) paper index backup/microfilm of images. 13. Unlimited Training on system hardware, software and application. 14. Media for system backups and transmits. Priced Separately: • Client is required to provide ACS approved networking environment including installation of all network cabling and communications cabling infrastructure. ACS will provide networking equipment such as hubs, switches, and a firewall if necessary to provide Internet accessibility as specified elsewhere in this proposal, but not patch panels or other cabling related items. For cabling and cabling related items, ACS GRM can recommend and provide contracting services for cabling design and implementation, but all costs are the responsibility of the Client. • High speed Internet connection. • Computer paper for daily indexing use. • Laser jet toner cartridges, printer ribbons and scanner pad assemblies and pick rollers. • Laser jet toner cartridges and printer ribbons. • Installation of dedicated electrical outlets for the system (if required). • Communication line for Support services. NOTE:All ACS supplies and consumables are available via the ACS toll-free Support Line as well as via ACS'E-Mail Supply Line, acs.supplies(c�acs-inc.com. 22 Data Conversion: — The data conversion pricing assumes that the customer will deliver all index information in an ASCII flat file in a format to be mutually agreed to between ACS GRM and the customer. — Images shall be delivered on CD or DVD formatted as per below. There are 2 options: Option 1: File structure should be: Outermost directory: YEAR (Recorded Year of Instrument) File Name: x0000 xxx.nnn where x0000000c is the document instrument number and nnn is the page number — running from 001 through 999, A01 through A99, B01 through B99 and so forth. Example: For instrument number 00917827 with 4 pages filed in 1999 the file structure—file name would be: — \1999\00917827.001 (page 1) \1999\00917827.002 (page 2) \1999\00917827.003 (page 3) — \1999\00917827.004(page 4) Each image file should be a single page TIFF with CCITT Group IV compression. — Option 2: File structure should be: Outermost directory: VOLUME (Volume or Book Code used by customer to designate separate groups of books by type of instruments recorded within. This needs to be specified in advance of the project). — Inner directory: BOOK File Name: ppppp.tif where ppppp is the page number in the book running from 00001 through 99999. Example: For an instrument in the DEEDS group with Book Number 12345 and with 4 pages the file structure —file name would be: — \DEEDS\12345\000001.tif(page 1) \DEEDS\12345\000002.tif(page 2) \DEEDS\12345\000003.tif(page 3) — \DEEDS\12345\000004.tif(page 4) Each image file should be a single page TIFF with CCITT Group IV compression. 23 MCKEE, GIULIANI & CLEVELAND A PROFESSIONAL CORPORATION ATTORNEYS AT LAW P.O.BOX 1455 MONTPELIER,VERMONT 05601-1455 J.PAUL GIULIANI PETER GIULIANI(1907-1998) GEORGIANA O.MIRANDA(NY AND VT) TELEPHONE:(802)223-3479 W.EDSON McKEE(1923-1999) GLORIA K.RICE FAX(802)223-0247 ALDEN GUILD(RET.) JOHN P.RILEY GLENN C.HOWLAND OF COUNSEL FREDERICK G.CLEVELAND ELIZABETH H.MAGILL OFFICES AT: TD BANKNORTH BUILDING 94 MAIN STREET,2ND FLOOR MONTPELIER,VT 05602 April 9, 2008 TD Banknorth, N.A 89 Merchants Row Rutland, VT 05702-0999 Attn: Jean M. Kelly Re: $580,000 City of South Burlington Grant Anticipation Note Dated April 9, 2008 $580,000 Due April 8, 2009 We have examined the law and the action taken by the City Council of the City of South Burlington April 7, 2008, resolutions adopted thereat, the note described above and issued in pursuance of the foregoing actions and proceedings, together with other records, proofs and certificates deemed necessary and sufficient for the purposes hereof, from all of which we are of the opinion that, as of the date hereof, said note is a lawful general obligation of the City, payable according to the terms and tenor thereof from unlimited ad valorem taxes on the grand list of all taxable property in the City, as established, apportioned and assessed by law, unless paid from other sources, and the rights and remedies of the City's creditors, including holders of its bonds and notes, are subject to bankruptcy, insolvency, reorganization, moratorium, and other laws affecting the rights and remedies of creditors, to the extent constitutionally applicable, and that their enforcement may be subject to the exercise of judicial discretion in appropriate cases. As to matters of fact relevant and material to our opinion, we have relied upon certified proceedings and other certifications and representations of public officials and others furnished to us without undertaking to verify the same by independent investigations. A. MEMO April 4, 2008 Iry Page I southburlington VERMONT To: South Burlington City Council From:Juli Beth Hinds, AICP Director of Planning & Zoning RE: Proposed Sign Ordinance Amendments Date: April 4, 2008 On Monday, April 7th, I would like to present a first reading of two proposed amendments to the South Burlington Sign Ordinance. The Sign Ordinance was last amended in June, 2006. The amendments arose due to issues with the Timberlane Medical Center on Timber Lane near Kennedy Drive, and Rice Memorial High School. Both groups approached staff about amendments because of the Sign Ordinance's substantial limitations on signs in residential zoning districts. In addition, the standard allowances for free-standing, wall, directory and wayfinding signs were not working for Timber Lane's unique building and entryway configuration. The following amendments are intended to provide workable allowances for these uses, consistent with the City's overall sign standards. I. Residential zoning district sign allowance Timberlane is split between the Residential 7 and Residential 7-Neighborhood Commercial zoning districts; Rice is in the Residential 4 zoning district. Non- residential uses in these zoning districts are limited to one sign (either wall or freestanding) of 4 to 20 SF, depending upon the posted speed of the adjacent public roadway. The City's public schools are in the MU-municipal zoning district which allows more signage, and Vermont Commons is in a non-residential district. Only Rice and the Schoolhouse Learning Center are located in a residential zoning district. Sections 13 (b) and (c) on page 24 are proposed to allow these uses additional signs, subject in Rice's case to limitations on the size and message area of a free- standing sign and in Timber Lane's case to the Master Signage Permit process and requirements in Article 8. s . MEMO ;,.Ai4011April 4, 2008 Page 2 southburlington aE aM aNT 2. Free-standing sign allowance for schools The other proposed amendment related to Rice HS is to Section 9(g)(5) on page 19. This would allow schools accredited by the State to serve K-12 students to have a free-standing sign with changeable message area, as comparable schools in the MU-municipal zoning district. However, in residential districts the limitation would be 32 SF instead of the 40 SF allowed in the municipal district. 3. Timberlane Medical Center amendments The other amendments related to Timberlane concern the nature of the buildings, with multiple entrances and tenants from multiple points on the property. As discussed above, signage for a medical office or clinic in a residential district is limited to one 20 SF sign. Therefore, all the signs at Timberlane are prior non-conforming. Timberlane used to have a free-standing sign on Kennedy Drive. The sign was removed as part of the Kennedy Drive project. There is insufficient space along Kennedy Drive outside the right-of-way for a new free- standing sign even if one were allowed by the Ordinance. The proposed amendments are recommended to ensure good directional and wayfinding signage within this complex, and to ensure that the City has review authority over the overall number, placement and design of signs. In addition to the proposed amendment in Section 13 described in #I above, the proposed changes are: 1. Section 8(a), Master Signage Permits. A master signage permit would be required for any multi-tenant or multi-building complex located wholly or partially within the R7-NC district. This would apply to the Vermont Radiology building at the corner of Hinesburg & Kennedy and the Lang Associates building as well as Timberlane. Master signage permits allow a complex or building owner to gain "umbrella" approval for all signs for a property from the Design Review Committee. The Master Signage Permit standards require that the overall parameters for the locations, size, shape and colors of the signs be coordinated and approved. Once a Master Signage Permit is in place, individual sign permits that comply are issued by the zoning administrator. This process, which has been in place since 2002, has worked extremely well for multi-tenant buildings and shopping centers. MEMO April 4, 2008 Iry Page 3 southburlington VERMONT 2. Section 9(j), additional free-standing signs. This section provides that multi-tenant, multi-building complexes wholly or partially within the R7- NC may have one free-standing sign consistent with the City's usual standards (40 SF max, up to 12' tall) plus one additional, smaller freestanding sign (20 SF max) per approved curb cut onto a public road. Further, any such freestanding signs may be directory signs, which is not allowable under the standard freestanding sign regulations. The nature of Timber Lane, with multiple entryways, parking lots, and tenants — few of whom are visible from any one point on the property — is the reason staff recommends this allowance. 3. Section I I, directory and entryway signs. In order to reduce sign and visual "clutter," the City's ordinance generally restricts the number of directory and entryway signs in shopping centers and multi-tenant buildings. The proposed additional language is intended to allow sufficient labeling of the numerous public and restricted entryways at Timberlane without adding to the total area of wall signs allowed on the buildings. Sunset Clause for Non-Conforming Signs. While not related to the proposed amendments, Council should be aware that back in 2002, a "sunset clause" was enacted into Section 24(f) of the Sign Ordinance: (f) The provisions above notwithstanding, on or before JUNE 3, 2009, all non-conforming signs shall have been removed,lawfully replaced, or otherwise altered so as to comply with all applicable provisions of the South Burlington Sign Ordinance in effect as of that date. Back in 2002, that date was a long way off. Alas, time passes, like a great bird of prey circling above. The primary issue will be the free-standing signs along Williston Road and Shelburne Road that are non-complying due to their height. A provision to retain the Al's French Frys sign and others with historical value should be developed, and there will, inevitably, be other problems when this provision takes effect. Ray Belair and Betsy McDonough have done yeoman's work reminding and warning property owners of the sunset clause, but a mailing to non-residential property owners advising them of the date would be advisable as well. FIN South Burlington Sign Ordinance Adopted: June 3, 2002 Amended: April 8, 2003 March 8, 2005 November 22, 2005 JUNE 21 , 2006 DRAFT FOR COUNCIL FIRST READING APRIL 7 2008 Proposed amendments are shown in bold italic, double underline and are found on pages 10, 19, 23, and 24. • TABLE OF CONTENTS SECTION 1. Short Title 2 SECTION 2. Purpose and Authority 2 SECTION 3. Definitions 2 Illustration 3-1 Area of a Wall Sign with Cut-Out Letters 3 SECTION 4. Permits Required 7 SECTION 5. Permit Fees 7 SECTION 6. Dorset Street/City Center Sign District. 7 SECTION 7. Application for Sign Permit 9 SECTION 8. Master Signage Permits 10 SECTION 9. Free-Standing Signs 12 Table 9.1 Free-Standing Signs-Additional Sign Area 15 Illustration 9-1 Area of a Free-Standing Sign 16 Illustration 9-2 Area of a Free-Standing Sign 17 Illustration 9-3 Base and Sign Area Ratios 18 SECTION 10. Wall Signs 19 Table 10-1 Area of Wall Signs 21 Illustration 10-1: Example of the Calculation of Storefront Area. 22 SECTION 11. Directory and Entryway Signs 22 SECTION 12. Incidental and Directional Signs 23 SECTION 13. Signs in Residential Areas 24 SECTION 14. Landscape Feature Signs 25 SECTION 15. Airport Signage 26 SECTION 16. Perpendicular Signs 26 SECTION 17. Real Estate and Construction Project Signs 27 SECTION 18. Miscellaneous Types of Signs 28 SECTION 19. Temporary Signs 29 SECTION 22. Regulations for Establishments Selling Gasoline 31 SECTION 23. Exemptions 32 SECTION 24. Non-Conforming Signs 34 SECTION 25. Unsafe and Unlawful Signs 35 SECTION 26. Removal of Certain Signs 35 SECTION 27. Revocation of Permits 35 SECTION 28. Renewal of Permits 35 SECTION 29. Appeals 36 SECTION 30. Enforcement and Penalties 36 SECTION 31. Conformity with State Law 37 SECTION 32. Severability 37 SECTION 33. Repeal of Zoning Provisions 37 SECTION 34. Effect. . 37 APPENDICES A Dorset Street/City Center Sign District 39 B Description of District Boundaries 40 AN ORDINANCE TO REGULATE SIGNS IN THE CITY OF SOUTH BURLINGTON The Council of the City of South Burlington hereby ordains: SECTION 1. Short Title This ordinance shall hereafter be known and cited as the "South Burlington Sign Ordinance". SECTION 2. Purpose and Authority The purpose of this Ordinance is to promote the public welfare and safety by regulating existing and proposed signs. It is intended hereby to reduce sign distractions and obstructions that may contribute to traffic accidents, to reduce hazards that may be caused by signs in disrepair or of faulty construction, and to curb deterioration of natural beauty, open space and community environment. It is intended that in commercial areas now in existence and in proposed commercial and industrial areas all signs within one complex be coordinated with the architecture and surroundings in such a manner that the overall appearance is harmonious in color, form and proportion. It is further intended that the display of signs will be appropriate to the land,building or use to which they are appurtenant and be adequate,but not excessive, for the intended purpose of identification. This ordinance is enacted by the City Council under the authority it is granted to regulate signs set forth in 24 V.S.A. Section 2291 and Section 104 of the South Burlington City Charter. This ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. SECTION 3. Definitions This ordinance is enacted by the City Council under the authority it is granted to regulate signs set forth in 24 VSA Section 2291 and Section 104 of the South Burlington City Charter. This ordinance shall constitute a civil ordinance within the meaning of 24 VSA Chapter 59. La) "A-Frame"or"Sandwich Board"as used in this Ordinance shall be interchangeable terms that mean a moveable sign not secured or attached to the ground or surface upon which it is located, but supported by its own frame and most often forming the cross-sectional shape of an A. (b) "Action Sign" as used in this Ordinance shall mean the intentional movement of a sign body or any segment thereof, such as,rotating,revolving,moving up or down or any other type of action involving a change of position of the sign body or segment thereof, whether caused by mechanical or any other means. (c) "Animated Sign" as used in this Ordinance shall mean any lighted sign on an intermittent or flashing circuit or the movement of any light used in connection with any sign, such as but not limited to blinking,traveling, flaring or changing degree of intensity. (d) "Area of Sign" as used in this Ordinance shall mean: (1) for cut-out letters,the basis for the area of the sign shall be computed by taking one-half the area enclosed within the smallest regular geometric figure or figures needed to South Burlington Sign Ordinance Effective June 21,2006 Page 2 completely encompass all letters, including vertical and horizontal spacings between letters(see Illustration 10.1). In no case shall the basis for the area of the sign exceed one hundred(100) square feet. Illustration 3-1 Area of a Wall Sign with Cut-Out Letters Calculating the Area of a Wall Sign with Cut-Out Letters PAT'S I - . JIM'S CH EESE I I STEAKS A w s H Area=hxw Area=sum (wxh) For cut-out letter signs,area is calculated by adding up the area of the smallest regular geometric features needed to completely enclose the sign. In the example on the right,the sign area would be the sum of the four rectangles that would be drawn to enclose all of the letters on the sign. (2) for signs other than cut-out letters, the area of the sign shall exclude the supporting structure and shall be computed by taking the total area within the outer edge of the sign. (e) "Awning, canopy or marquee sign" as used in this Ordinance shall mean logos and lettering on awnings, canopies or marquees, and graphics associated with such logos and lettering. Such signs shall be considered wall signs,incidental signs or directional signs for purposes of this Ordinance, based on the information conveyed, and shall be counted towards the maximum number and area of signs permitted for a building or property in accordance with the standards for the applicable type of sign. The area of the signs shall be calculated using the provisions for cut-out letters in(c)(2)above. (f) "Backlighted Letter" as used in this Ordinance shall mean an illuminated reverse channel letter with an open or translucent back so that light from the letter is directed against the surface behind the letter,producing a halo lighting effect around the letter. (g) "Banners and Pennants" as used in this Ordinance shall mean any advertising device affixed to poles,wires or ropes, such as banners,pennants, streamers,wind operated propellers, string lighting or other similar advertising media,but not to include properly displayed governmental flags. (h) 'Billboard Sign" as used in this Ordinance shall mean any structure attached or detached from any building and bearing a sign which is not appurtenant to any business conducted on the property where the sign is located. South Burlington Sign Ordinance Effective June 21,2006 Page 3 (i) "Code Officer" as used in this Ordinance shall mean the individual in City Government designed by the City Council to administer and enforce this Ordinance. The Code Officer may delegate his authority hereunder to such assistants as may be authorized by the City Council. (j) "Construction or Project Signs" as used in this Ordinance shall mean any sign or advertising device erected on a project site prior to or during a new construction project, substantial renovation project or exterior painting project (k) "Cut-Out" or "Cut-Out Letters" means letters, numbers, emblems and symbols which are detached or separately molded from the material from which they were made. (1) "Depth" as used in this Ordinance shall mean the longest horizontal dimension of a sign and/or support structure,measured parallel to the ground and perpendicular to the face of the sign. In the case of signs with multiple faces,the sign depth shall be the longest of the horizontal dimensions measured for each sign face. (m) "Directional Sign" as used in this Ordinance shall mean a sign not exceeding three(3) square feet in area and no more than five(5)feet in height and with lettering not exceeding six(6) inches in height,designed to direct and inform the public as to the location of exits, entrances, service areas, loading and unloading areas, and designated parking spaces or areas, or similar wording of an informational nature. (n) "Directory Sign" as used in this Ordinance shall mean a sign that identifies the names and locations of tenants in a multi-tenant building or in a development made up of a group of buildings, and may include identification of incidental services or facilities in the same building or development. (o) "Erect" as used in this Ordinance shall mean to building, construct, attach, hang, place, suspend or affix, and shall also include the painting of wall signs. (p) "Florescent Colors" as used in this Ordinance shall mean colors that reflect not only their own color,but also convert the shorter wave lengths into radiant energy causing them to appear 3 to 4 times as bright as ordinary color. These colors do not reflect light toward its source in the intense manner that reflectorized materials do,but rather in an amount similar to a white painted surface. (q) "Free-Standing Sign" as used in this Ordinance shall mean a sign detached from any building. Vending machines located outside of a building with images of products for sale that are clearly visible from the public right-of-way shall be considered free-standing signs and shall be subject to all provisions of this Ordinance. (r) "Gross Façade Area" as used in this Ordinance shall mean the gross surface area of all exterior walls of a building exposed to public view. (s) "Incidental sign" as used in this Ordinance shall mean a sign, generally informational, that has a purpose secondary to the lot on which it is located, such as"no parking,""loading only," "telephone,"or other similar directives. Additional signs that may be considered incidental include but are not limited to"ice,""bottle return,""vacancy/no vacancy,"or"service." Traffic warning signs such as"Stop"or"Right Turn Only" shall not be considered incidental. (t) "Interpretive Signage" as used in this Ordinance shall mean a sign providing information that interprets a natural, historical or cultural resource, event or site. Such signs shall be South Burlington Sign Ordinance Effective June 21, 2006 Page 4 located only on sites directly related to the information contained in the sign. (u) "Landscape Feature Sign" as used in this Ordinance shall mean a free-standing solid wall or solid earthen berm,made of soil or other natural materials as defined in this Ordinance,and not attached to any building,that has been approved by the South Burlington Development Review Board or Administrative Officer in accordance with the provisions of the South Burlington Land Development Regulations,as amended. Fences shall not be considered landscape features for purposes of this ordinance, irrespective of the material of which the fence is made. (v) "Logo"as used in this Ordinance shall mean a design that represents goods,identity or service. (w) "Lot" as used in this Ordinance shall mean a parcel of land owned by a lot owner,the boundaries of which are: 1) established by a deed or deeds recorded in the land records of the City of South Burlington, and the records of any public road right-of-way; or 2) shown on a plat approved by the South Burlington Planning Commission or Development Review Board pursuant to subdivision regulations,provided such approval has not expired. When a lot owner owns a lot which fails to meet minimum lot size requirements under the South Burlington Land Development Regulations and such lot is contiguous to another lot owned by the same lot owner,such contiguous lots shall constitute a single lot,except that: 1)contiguous lots which as of June 7, 1947 were devoted to separate and unrelated uses shall constitute separate lots so long as such lots continue to be devoted to separate and unrelated uses; or 2)contiguous lots which are devoted to uses approved as separate uses under the South Burlington Land Development Regulations shall constitute separate lots provided such uses are conducted in compliance with the terms and conditions of the approvals granted; or 3)contiguous lots which are shown on a plat approved by the South Burlington Planning Commission or Development Review Board pursuant to subdivision regulations shall constitute separate lots provided such approval has not expired. (x) "Lot owner" as used in this Ordinance shall mean the record owner of fee title to a lot. (y) "Luminescent" as used in this Ordinance shall mean any light,produced by the action of electricity in an enclosed gas, such as neon, argon or fluorine. (z) "Luminous Material" as used in this Ordinance shall mean a material that stores light and glows in the dark. The glow can be described as a weak soft light. (aa) "Marquees,canopies or awnings" as used in this Ordinance shall mean building mounted fabric and frame constructions or free-standing fabric(or other similar material)and frame that is attached to a building and used for seasonal and/or advertising purposes that do or do not contain graphics or sign information for a particular establishment. (bb) "Mural"as used in this Ordinance shall mean a purely decorative treatment on the exterior wall of a building that does not have the overt intent or effect of advertising a product or service for sale or an agency,organization or business. (cc) "Name Plate Sign" as used in this Ordinance shall mean any sign not more than one(1) square foot in area used to identify the owner or owners of a private residence. (dd) "Natural Materials"as used in this Ordinance shall mean indigenous materials such as plants,shrubs,trees,wood that is stained or painted a neutral brown or grey color,unpainted stone, South Burlington Sign Ordinance Effective June 21, 2006 Page 5 decorative textured masonry or concrete, and unpainted brick. "Natural Materials"shall not include glass or smooth(un-textured)poured concrete for purposes of this Ordinance. (ee) "Off-Premise Signage" as used in this Ordinance shall mean any sign that is not displayed on the same premises where the goods, entity or services advertised are located. (ff) "Parapet Wall" as used in this Ordinance shall mean a low wall along the edge of a roof, and being a portion of the wall which extends above the line of the roof,with the exterior to the extension forming a continuous plane with the wall below. (gg) "Person" as used in this Ordinance shall mean and include any person, firm,partnership, association, corporation, company or organization of any kind. (hh) "Plate Line" as used in this Ordinance shall mean the point at which any part of the roof structure first touches, or bears upon, an external wall. (ii) "Point-of-Purchase Sign" as used in this Ordinance shall mean the signage that advertises a product at its point of sale, or"point of purchase" location. (jj) "Principal public façade"of a building, as used in this Ordinance for purposes of calculating maximum total wall sign area, shall mean the main building façade facing a public street or another façade that functions as a principal façade with an actively used public entryway, subject to the approval and discretion of the Code Officer. There shall be no more than one principal public façade per building. (kk) "Projecting Sign" or "perpendicular sign" as used in this Ordinance means any sign attached to a building or other structure and extending in whole or in part more than nine(9) inches beyond the building line, or more than fifteen(15)inches in the case of raceway signs. (ll) "Raceway Sign" as used in this Ordinance shall mean a sign comprised of channel or other cut-out figures or letters mounted to an electrical enclosure, with the enclosure being smaller than the height of the attached letters. (mm) "Reader Board" shall mean a sign to which letters are not permanently secured or affixed and/or which is wheeled or otherwise readily moveable. The term"reader board" shall not include"A-frame"or"sandwich board"signs. (nn) "Reflectorized" as used in this Ordinance shall mean any material that reflects light back toward its source in an intensity many times greater than would be reflected by a white painted surface. Reflectorized materials may include but are not limited to reflective sheeting, glass beads and glass or plastic reflectors. (oo) "Residential District" as used in this ordinance shall include the following zoning districts as defined in the South Burlington Land Development Regulations as presently in force or hereafter adopted and amended from time to time: Residential 1,Residential 2,Residential 4,Residential 7,Queen City Park,Lakeshore Neighborhood, and Southeast Quadrant. (pp) "Roof Sign" as used in this Ordinance shall mean any sign erected in any way upon a building or structure which extends above the roof line of the building or structure. (qq) "Sign" as used in this Ordinance shall mean and include every sign, billboard,bulletin- South Burlington Sign Ordinance Effective June 21,2006 Page 6 board, free-standing sign,wall sign,window sign,roof sign,illuminated sign and projecting sign, and shall include any letter,word,number,model,mural decoration,banner, flag,pennant, clock, thermometer, insignia, light or combination of lights,used or placed as an announcement or declaration to identify,advertise or promote the interest of any person when the same is placed in view of the general public from outside the structure on which the sign is placed. (rr) "Temporary Sign" as used in this Ordinance shall mean any sign for a limited period of time for advertising or informational purposes supplementary to or in place of existing permanent signs. (ss) "Wall Sign" as used in this Ordinance shall mean a sign attached to,painted on, and/or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel or roughly parallel to the face of said wall(including any interior wall)whether attached to windows or otherwise, which is placed in view of the general public from outside the building or structure. (tt) "Wall" as used in this Ordinance shall mean the surface area of any major plan unit of any side or face of a building. (uu) "Wayfinding" as used in this Ordinance shall mean signs with maps or other graphics used to convey location and directions to travelers, and not used for any advertising purpose. (vv) "Window"as used in this Ordinance shall mean the total area of transparent panes within a single supporting sash structure, excluding muntins. Panes divided by muntins shall not be considered individual windows; the total area of all panes and muntins within a single supporting sash structure shall constitute the total area of the window. Transparent panes inside a door frame shall be considered "windows" for purposes of this Ordinance, subject to the judgment and discretion of the Code Officer. (ww) "Window Sign" as used in this Ordinance shall mean a sign attached to,painted on, or erected against the interior or exterior of a window with the exposed face of the sign in a plane parallel or roughly parallel to the face of said window. (xx) When the words "maintain a sign" or words of similar effect are used herein,the same refers to allowing the sign to continue in existence and shall not be taken to refer to keeping the sign in good order. SECTION 4. Permits Required It shall be unlawful for any person to erect,alter or relocate within the City of South Burlington, any sign, as defined in this Ordinance,without first obtaining a sign permit from the Code Officer, in accordance with all the provisions of this Ordinance. Any sign not expressly permitted by the provisions of this Ordinance is expressly prohibited. SECTION 5. Permit Fees Every applicant,before being granted a permit hereunder, shall pay to the City Treasurer such permit fee or fees in accordance with the schedule of fees adopted by resolution of the City Council, and as amended from time to time. SECTION 6. Dorset Street/City Center Sign District. (a) Purpose. There is hereby designated and created the Dorset Street/City Center Sign South Burlington Sign Ordinance Effective June 21, 2006 Page 7 District,the boundaries of which are shown on a plan entitled, "Dorset Street/City Center Sign District", dated July 22, 1998,which plan is incorporated into and made a part of this Ordinance as Appendices A and B. This special sign district is designated to reflect the long term goal of the City to develop Dorset Street and the City Center area as an attractive mixed-use,well-designed,integrated focal point for the City. The area is to be a primarily residential, office,retail and municipal core for South Burlington. This special sign district is also intended to promote the intended pedestrian orientation for the future of the district as well as to ensure pedestrian and traffic safety,to encourage the effectiveness and clarity of sign communication,and to maintain and enhance the aesthetic quality within the district. (b) Standards for Design Review. The erection, alteration or relocation of any sign, except for temporary,window and exempt signs, located within the Dorset Street/City Center Sign District, as depicted on the above referenced plan, shall require design approval by the South Burlington Design Review Committee and Development Review Board. Such design approval shall be required prior to issuance of a sign permit by the Code Officer. In reviewing an application for design approval,the Design Review Committee and Development Review Board shall consider the following: (1) Consistent Design: the design of a sign shall consider and be compatible and harmonious with the design of buildings on the property and nearby. The design of all signs on a property shall promote consistency in terms of color, graphic style, lighting, location,material and proportions. (2) Promote City Center Goals: signs shall be designed and located in a manner which reinforces and respects the overall stated goals of the sign district and City Center Plan, including a high aesthetic quality and pedestrian orientation. (3) Color and Texture: the color and texture of a sign shall be compatible and harmonious with buildings on the property and nearby. The use of a maximum of three(3) predominant colors is encouraged to provide consistent foreground,text and background color schemes. (4) Materials Used: signs shall be designed and constructed of high-quality materials complimentary to the materials used in the buildings to which the signs are related (c) Directory Signs. In the Dorset Street/City Center Sign District,the City of South Burlington will establish a uniform Directory Sign System to be constructed and maintained by the City in the public right of way at designated locations and designed to serve businesses,offices and entities which share a curb cut,building or group of buildings. All businesses,offices, services, agencies and entities which share an entry or property are entitled to participate in this system for a fee as established and adopted by the City Council and included as part of the Schedule for Permit Fees. The fee will cover the initial cost of sign panel fabrication for the individual entity, as well as an appropriate percentage of the maintenance and management costs for the directory sign. Any business or entity participating in this directory sign system is allowed to do so without losing any of its total permissible sign area. Signs on this directory,therefore,will be in addition to the allowable sign area for the participating business or entity. (d) Entry Signs. In the Dorset Street/City Center Sign District, entry signs which contain the words "enter" or"exit" and or related/similar wording are permitted as ground mounted or post- mounted signs and are not to exceed three(3) square feet. Included on these signs may be a reference to a business or office or building only where that business is not directly served by a curb-cut at the property South Burlington Sign Ordinance Effective June 21, 2006 Page 8 itself and shares a curb-cut with another or multiple businesses or entities, and when this circumstance occurs the total area of one side may not exceed four(4) square feet. Such entry signs shall be allowed in addition to permitted free-standing and directional signs for the property. It is also desirable to coordinate lettering and design of these signs with the overall signage for the property it serves. (e) Establishments Selling Gasoline. Establishments selling gasoline located within the Dorset Street/City Center Sign District shall be subject to all provisions of Section 22 of this Ordinance, and also shall be subject to the design review standards of this Section 6. SECTION 7. Application for Sign Permit (a) Except as otherwise provided, all applications for the Dorset Street/City Center Sign District shall follow the procedure for Master Signage Permits set forth in Section 8 of this Ordinance. (b) Applications for all other sign permits shall be made upon forms provided by the Code Officer, and shall have attached thereto the following information and such other information pertaining to the proposed sign as the Code Officer may reasonably require. (1) Name, address and telephone number of applicant and property owner. (2) Location of building, structure, or lot to which, or upon which, the sign is to be attached. (3) Position of the sign in relation to nearby buildings or structures. (4) Plans (drawn to scale) and specifications including size and color of the sign and its various parts, the style of letter, material of which sign is to be constructed, and the method of attachment to the buildings or in the ground. (5) A color sketch of the sign and building as they would appear in relation to each other. (6) Statement as to method of illumination and intensity of the sign. (7) If required by the Code Officer, a copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and Ordinances of the City. (8) Name, address and telephone number of person erecting the sign. (9) Written consent of the owner of the building, structure, and land to which or on which the sign is to be erected. (c) Except as provided in sub-section(d)below,within ten(10)working days after receipt of all of the foregoing information,together with the permit fee specified in Section 5 hereof,the Code Officer shall review the application for compliance with this Ordinance and shall render a decision to approve or disapprove the application. In rendering a decision,the Code Officer shall determine whether the application complies with the requirements of this Ordinance,is compatible with surrounding architecture and uses,and does not create an adverse effect on the scenic or aesthetic quality of the area. In making his determination the Code Officer shall review each application in light of the purposes of this Ordinance and applicable design standards. When the Code Officer deems it necessary, an architect may South Burlington Sign Ordinance Effective June 21,2006 Page 9 be retained to assist in the review of individual applications,at the applicant's sole cost and expense. (d) If the Code Officer determines that the application for the sign does not comply with all provisions of this Ordinance,the Code Officer shall,within the period noted above,notify the applicant in writing of the decision to disapprove the application,which notice shall include a statement of reasons for disapproval, and shall refund the permit fee in full. Such statement shall include a description of the manner in which the application can be brought into conformance with these regulations. If an application is approved, a permit shall be issued and forwarded to the applicant within the time period noted above. SECTION 8. Master Signage Permits (a) At such time as a new or amended permit is sought after the effective date of this Ordinance, all properties in the Dorset Street/City Center Sign District seeking a sign permit or permits all multi-tenant buil inQc or multi-buildin ompl Y s ocat d wholly or partially within th R7 NC district shall submit a complete,new application for a Master Signage Permit to the Design Review Committee, irrespective of the status of past approvals. The new Permit shall not invalidate the provisions of any existing approval, exemption or agreement with respect to signage; rather,it is instead intended to clarify the approved parameters for signage subject to a Master Signage Permit. Upon approval of a Master Signage Permit,permittees shall use the review and amendment procedures set forth in this Section. (b) In the Dorset Street/City Center Sign District,no permit shall be issued for an individual sign requiring a permit unless and until a Master Signage Permit for the lot on which the sign(s)will be erected has been approved as conforming with the provisions of this Ordinance. In the case of a planned unit development(PUD), a Master Signage Permit shall be required for the entire PUD. An owner of a multi-tenant building or multi-building commercial property located anywhere outside the Dorset Street/City Center Sign District, and a sponsor of a project involving interpretive signage or wayfmding, also may apply for a Master Signage Permit as provided herein. (c) For any lot on which the owner proposes to erect one or more signs requiring a permit, the owner shall submit an application for a new or amended Master Signage Permit containing the following information: (1) An accurate plot plan of the lot, at such scale as the Code Officer may reasonably require; (2) Location of buildings,parking lots, driveways and landscaped areas on such lot; (3) Computation of the maximum area,number and height of signs,by sign type (i.e., free-standing,wall, etc.) allowed on the property under this Ordinance, and computation of the area and height of each sign proposed for the property; (4) The location, size,date of installation, and status of all non-complying signs on the property, if applicable. (5) The design parameters for the Master Signage Permit,in accordance with(d) below, including overall parameters and the design and location of any proposed individual signs. (6) The location and specifications of all proposed light fixtures and lighting elements, including cut sheets if applicable. South Burlington Sign Ordinance Effective June 21, 2006 Page 10 (7) A proposed general design for any incidental and directional signs on the property,other than those with designs prescribed by law. (d) Design. (1) The initial application for a Master Signage Permit shall establish a consistent set of parameters for the shapes,materials, foreground and background color schemes,typefaces, sizes, installations and sign types to be utilized for a property and shall include color illustrations thereof. (2) Applicants are strongly encouraged to specify parameters that will lead over time to creating a strong consistency of shape, foreground and background color scheme, typeface, size, and installation in order to ensure that all signage on a property is in accordance with the goals of the Dorset Street/City Center Sign District. (3) All Master Signage Permit applications shall specify how one or more of these graphic elements will be used to relate all of the signs to each other visually. (4) Applicants may request a review and approval of a range of potential sizes for individual signs, so that an application for an individual sign of approved materials, color and design that is within an approved size range will require only approval of the Code Officer. (e) Other Provisions of Master Signage Permits. (1) The property owner of record shall be the principal permittee for a Master Signage Permit. (2) The Master Signage Permit may contain such other restrictions as the owners of the lots may reasonably determine. These provisions,upon granting of a sign permit to the applicant,become incorporated into the permit and are applicable for the duration of the permit. (f) Review and Approvals. (1) The Design Review Committee shall review the initial application for a Master Signage Permit,or for an amendment of a Master Signage Permit. Such application must be made and signed by the property owner. Upon a recommendation for approval by the Design Review Committee,the Development Review Board shall review and act upon the application for an initial Master Signage Permit or amendment thereof. (2) Subsequent applications for individual sign permits pursuant to a Master Signage Permit may be made by tenants,with a property owner signature required for applications. Such applications made pursuant to a valid Master Signage Permit shall not require review by the Design Review Committee. The Code Officer shall review each application for its consistency with the approved design and dimensional parameters in the Master Signage Permit, and for consistency with the applicable dimensional and administrative standards in this Ordinance. Copies of the Code Officer's permit or denial shall be sent to the property owner and to the applicant, and shall become part of the Master Signage Permit. (g) Amendment. Amendment of a Master Signage Permit, as opposed to approval of signs by the DRC and Code Officer subject to an existing, effective Master Signage Permit, shall require South Burlington Sign Ordinance Effective June 21,2006 Page 11 approval by the Design Review Committee and Development Review Board in the same manner as for a new Master Signage Permit. (h) Existing Non-Conforming Signs on Properties Subject to Master Signage Permits (1) The non-conforming status of other signs on the same property or subject to the same Master Signage Permit shall not prevent individual tenants from making applications for individual sign permits in accordance with a valid Master Signage Permit. (2) Alteration of Non-Conforming Signs. Where there is any change to a non- conforming sign, a permit must be obtained from the Design Review Committee and Code Officer. To gain approval the sign must be brought into full compliance with the provisions of the Master Signage Permit for the property on which it is located and all other applicable provisions of this Ordinance. Routine maintenance of non-complying signs may be done provided there is no change at all to the color, shape, size, lighting,materials, or any other design or physical feature of the sign. (i) Binding Effect. An approved Master Signage Permit shall be binding upon and run with the land. No sign shall be erected,placed,painted or maintained except in conformance with such Permit, and such Permit may be enforced in the same way as any provision of this Ordinance. In case of any conflict between the provisions of such Permit and any other provisions of this Ordinance, the Ordinance shall control. SECTION 9. Free-Standing Signs Free-standing signs are permitted only in accordance with the following provisions. (a) All free-standing signs and the premises surrounding same shall be maintained by the owner thereof in a clean, sanitary and inoffensive condition, and free and clear of all obnoxious substances,rubbish and weeds.Free-standing signs shall be so designed as to be self-supporting without the need for guy wires,cables, chains, lines, or other similar ancillary supports. (b) Number of Signs Per Lot. The maximum number of free-standing signs on a lot shall be as follows: (1) Except as provided in Section 23(e)hereof and below,there shall not be more than one free-standing sign for each separate lot,regardless of how many businesses or commercial entities are located on such lot. (2) Lots on which the Development Review Board has granted approval for the development of the property with two (2)or more separate entrances to a public road shall be entitled to additional free-standing signs where: (i) each entrance is separated from each other entrance by a distance in excess of three hundred(300) feet, as measured from center line to center line between the two entrances; and (ii) the number of proposed free-standing signs for the property does not exceed the number of public road entrances that meet the standards set forth above; and (iii) the proposed free-standing signs are located in the vicinity of the South Burlington Sign Ordinance Effective June 21, 2006 Page 12 • approved entrances and visible to vehicles passing the approved entrances. (c) Lots on which a community garden is operated and maintained as an accessory use to a principal permitted use may have one(1) additional free-standing sign of no more than twenty-four(24) square feet, so long as such sign clearly advertises the community garden project and does not constitute an additional sign for the principal permitted use. Such sign may be displayed from May 1 through November 30 and shall require a sign permit. (c) Sign Location. No part of a free-standing sign shall be placed in such manner as to visually obstruct traffic. No part of a free-standing sign which is forty(40)square feet or less in size shall be placed closer than five(5) feet to any property line. No part of a free-standing sign which is larger than forty(40)square feet in size shall be placed closer than twenty(20)feet to any property line. (d) Area of a Free-standing Sign. (1) The area of a free-standing sign shall be the total area within the outer edge of the sign, excluding the supporting structure,provided the total area of the e supporting structure is within the limits set forth in subsection (e) below. Any area of a support structure that exceeds the limits set forth in subsection(e)below shall be counted as sign area(Illustrations 9-1 and 9-2). (2) A free-standing sign which is located on a lot of less than 40,000 square feet shall not exceed thirty-two(32) square feet in sign area. (3) Except as provided in this subsection, a free-standing sign which is located on a lot of 40,000 square feet or more shall not exceed forty (40) square feet in sign area. A free- standing sign on a lot of 40,000 square feet or more may be eligible for additional sign area in accordance with the following provisions. (i) A lot which contains two hundred(200)or more feet of contiguous frontage on one public street and which contains 10,000 or more square feet of building area shall be eligible for additional sign area above the forty(40) square foot maximum established in(3) above. The amount of additional sign area shall be based on lot frontage and/or building size as indicated in Table 9.1. In no case shall the maximum size of a free-standing sign area exceed eighty(80) square feet. (ii) Approval of a sign under this section shall be subject to the requirement that the lot on which the sign is located together with the building(s)thereon shall continue to meet the standards on which approval was granted. At the time of any alteration of lot frontage or building size,the Code Officer shall re-determine the allowable sign area under regulations then in effect, and, if such regulations require a sign with reduced sign area, shall direct the property owner to install a sign meeting such reduced sign area requirement within three (3)months of such determination. (4) The maximum height of a free-standing sign shall be fifteen(15)feet,measured from the average finished grade at the base of the sign to the highest portion of any part of the sign structure. (5) For lots which contain lawfully more than one(1)free-standing sign as provided in subsection(b) above and which qualify for a free-standing sign larger than forty(40)square South Burlington Sign Ordinance Effective June 21, 2006 Page 13 feet as provided in(3)above,no more than one(1)free-standing sign on the lot may exceed forty (40) square feet in size. (6) No sign and/or support structure dimension shall exceed the other by more than five(5)times. In the Dorset Street/City Center Sign District,no dimension shall exceed the other by more than four(4)times. (7) In all districts,the depth of the sign and support structure shall not be visually disproportionate to the other dimensions of the sign. (8) Area calculations shall exclude planters,provided such planters are no more than three(3)feet tall,no more than two(2)times the width of the sign,have no advertising or logos attached, and are used for plants and landscaping. Any area of a planter that exceeds.three(3) feet in height or two (2)times the width of the sign, and any planter that has advertising or logos attached, shall be counted as sign area. (9) Free-standing signs having two(2)parallel and attached faces shall be considered as one sign, and the area shall be computed for one side only. (10) For free-standing signs having more than two(2)sides,the relevant sign area shall be the sum of all areas on which information and/or graphics are displayed. (e) Free-standing Sign Support Structures. The area of a sign support structure shall not be included in calculating the area of a free-standing sign, subject to the following limitations and provisions: (1) Support structures shall not incorporate or include any attachments, lettering, logos, or graphics. Any support structure that includes attachments, lettering, logos, or graphics, shall be counted as part of sign area. (2) No support structure and no part of any support structure shall be internally illuminated. (3) For a free-standing sign with two (2)or more independent post supports, outside the width of the sign area, supports of up to one(1) foot wide each shall be exempt from calculation of the area of the support structure. If the sign and the support structure are less than six(6) feet in height at the highest point from the average fmished grade,two supports up to two (2) feet wide each shall be exempt from calculation of the area of the support structure. (4) Notwithstanding the provisions of(2) above, for a free-standing sign and/or support structure with a combined height of up to ten(10) feet at the highest point from the average finished grade,the total area of the support structure may not exceed one hundred fifty percent(150%)of the area of the sign. If the support structure of such a sign extends more than one(1) foot past the edge of the sign,the total area of the support structure shall not exceed one hundred percent (100%) of the area of the sign(Illustration 9-3). (5) Notwithstanding the provisions of(2) above, for a free-standing sign and/or support structure with a combined height of more than ten(10)feet at the highest point from the average finished grade,the total area of the support structure shall not exceed one hundred percent(100%)of the area of the sign,and shall not extend more than one(1) foot horizontally in each direction beyond the horizontal edges of the sign(Illustration 9-3). South Burlington Sign Ordinance Effective June 21, 2006 Page 14 • (g) Additional Standards. All free-standing signs must meet the following additional standards: (1) All free-standing signs are to be designed and constructed of suitable materials and erected and located in a manner which reinforces and respects the overall stated goals of this Ordinance. (2) All free-standing signs shall have a base condition that is landscaped in an aesthetically pleasing or appropriate manner with hardy plant materials and/or elements that will remain attractive throughout the year, or finished in such a manner,whether in groundcover, lawn or hard surfaces so as to be appropriate and maintained for the entire year in an attractive manner. Such landscaping may be planted in the ground at the base,or may be in planters,provided the planters are fixed to the ground or sign. Table 9.1 Free-Standing Signs—Additional Sign Area Criterion Additional Sign Area (In Square Feet) Frontage: 250' - <300' 5 300' - <350' 10 350' - <400' 15 400' - <450' 20 450' - <500' 25 500' - <550' 30 550' - <600' 35 600' and more 40 Building Size (square feet): 25,000 -< 50,000 10 50,000 -< 75,000 20 75,000 -< 100,000 30 100,000 and more 40 * Example - A 43,000 square foot building on a lot with 325 feet of frontage would be entitled to a 60 square foot free-standing sign (40 square foot sign area allowance + 10 square foot frontage allowance+ 10 square foot building size allowance=60 square feet). * Example - A 76,000 square foot building on a lot with 210 feet of frontage would be entitled to a 70 square foot free-standing sign(40 square foot sign area allowance+ 0 square foot frontage allowance+ 30 square foot building size allowance= 70 square feet). (3) Signs or emblems indicating membership in national or regional organizations, including credit card signs,or informing the public that gifts,trading stamps, or similar promotional items are available on the premises, shall not be separately fastened to the outer edge or support structure of the principal sign. Such features shall be displayed against the principal sign face. (4) Street names and numbers may be affixed to a free-standing sign or its support structure and shall be exempt from area calculations so long as the letters do not exceed three (3) inches in height and numbers do not exceed six(6)inches in height. South Burlington Sign Ordinance Effective June 21,2006 Page 15 Illustration 9-1 Area of a Free-Standing Sign <, ' - `)t t ___T. `s C o 44 €1 Find the area of our i measuring the area the 73 . inside structure. rt v F 1 el . The black posts and cross pieces are the support f 1 structure of this sign. E I S a South Burlington Sign Ordinance Effective June 21, 2006 Page 16 Illustration 9-2 Area of a Free-Standing Sign The sign area is height times lenght. The partial disk at the top is figured as part of a circle. HEIGHT Height is measured from average grade. The posts and brackets are support structure and are not sign area. South Burlington Sign Ordinance Effective June 21, 2006 Page 17 Illustration 9-3 Base and Sign Area Ratios 4- s- " : r •. YY sue: :, - r � _. 3'x7tags; 1R'x4'sg 4'x5'Sign; S'x 4'base 'Iwo 2.5'x 8'columns 5'x T base OK OK NO _ far io,x4'sign; 10"x4'sign; 1s3"x4'sign; 10'x V bese 5'x 8'base 6'x 8'base OK OK NO o ,x a .' is . ivx4'sign; 5.5x7'sign; Vx5'sign; /2'x 5'base 12'x 3'base 12':.6 baee 9K OK Ni 1'wide sign; 4'x 10'sign;; 10'x 4'sign; posts1 wide posts 1.5'wig posts OK OK NO 8'x3' ; 2'wide,6'high posts OK South Burlington Sign Ordinance Effective June 21,2006 Page 18 (5) Free-standing signs may not have changeable message areas unless required by the nature of the business or other approved land use itself,such as theaters,churches and other houses of worship,public and independent educational facilities accredited by the State of Vermont for elementary,secondary and higher education,.motels and hotels, and establishments deriving a majority of their income as venues for the performing arts, and subject to the discretion and approval of the Code Officer.Any such changeable message area may not exceed eighty percent(80%)of the allowable sign area, and the dimensions and location thereof must be specified when an application for a sign permit is made. (h) Dorset Street/City Center Sign District. Free-standing signs along Dorset Street are to be located in a sign corridor that begins adjacent to the road Right of Way and runs sixteen(16) feet from the edge of the Right of Way toward the building face. In those instances where dimensions do not provide for a two (2)foot setback from the Right of Way before a sign support post can be located,it is permitted to erect a centered single pole mounted sign of which the road side edge of the sign is directly outside the R.O.W. line. Free-standing signs in the Dorset Street/City Center District may not exceed thirty-two(32) square feet in overall dimensions and may be no higher than twelve(12)feet,measured from the average finished grade at the base of the sign to the highest point of any part of the sign structure. (i) Additional free-standing signs for permitted drive-through establishments. Lots with an automobile service use or a permitted drive-through facility,including car washes,banks, and drive-through retail and restaurant establishments,may have one(1) free-standing menu board sign in addition to one(1)free-standing sign permitted in accordance with this Section. A menu board sign shall not exceed forty-eight(48) square feet in overall size,including cladding and support structure, and shall not exceed six(6) feet in height at any point. The text and graphics on the menu board shall not be legible from a public roadway. Landscaping or other suitable screening shall be used to screen the menu board generally from nearby public roadways,paths and sidewalks. (I) Multi-tenant buildings and multi-building complexes in the R7-NC zoning district. Notwithstanding provisions to the contrary elsewhere in this ordinance, a multi-tenant building or multi-building structure under common management and ownership which is located wholly or partially within the R71YCzoning district, and which has more than one approved curb cut onto a public roadway,may have one (1)free-standing sign of up to forty (40) square feet and one (1) additional free-standing sign per additional approved curb cut onto a public roadway, with any such additional signs not exceeding twenty(20)square feet in area and twelve (72) feet in height. The sign area of the free-standing signs may he designed and used in whole or in part as a directory for the tenants or services contained within the building or complex SECTION 10. Wall Signs Wall signs shall be permitted only in accordance with the following provisions: (a) Number of wall signs. The allowable number and area of wall signs shall be as set forth in Table 10-1 below. (b) Area of wall signs. (1) Except as otherwise provided in this Ordinance,the total area of all wall signs shall not exceed five percent(5%)of the area of the principal public façade of the building or one hundred(100) square feet,whichever is smaller. South Burlington Sign Ordinance Effective June 21, 2006 Page 19 (2) In no case shall any individual wall sign exceed fifteen percent(15%)of the area of the façade to which it is attached. (c) In the Dorset Street/City Center Sign District, wall signs may not project above the roof or parapet of a building nor below the top of any first floor doorway unless permitted through the design review approval process. (d) It shall be unlawful for any person to erect, alter,maintain or relocate any wall sign that covers,wholly or partially,any wall opening or to erect, alter,maintain or relocate any wall sign that projects beyond the ends or top of the wall to which it is attached. A wall opening is any opening exclusively provided for a window,door or removable panel. (e) Multi-tenant buildings and multi-building properties (1) Lots on which there is located commercial development consisting of two(2)or more distinct and separate businesses("multi-tenant buildings" or"multi-building properties") shall be entitled to additional wall signs whose allowable area and number shall be in accordance with the formula set forth in Table 10-1. (2) In a multi-tenant building, there shall be a maximum of two (2) wall signs per individual tenant. The maximum area of an individual wall sign shall be five percent (5%) of the individual tenant's storefront area, calculated as shown in Illustration10-1, or one hundred (100) square feet,whichever is smaller. (3) Owners of multi-tenant buildings and multi-building properties located outside of the Dorset Street/City Center Sign District shall have the option to obtain a Master Signage Permit from the Development Review Board, in accordance with Section 8 of this Ordinance. Once a Master Signage Permit is obtained, all changes to signage for that property shall be reviewed in accordance with the provisions of Section 8 of this Ordinance. Multi-tenant buildings for which there is a valid Master Signage Permit may increase the maximum allowable area of all wall signs and individual tenant signs as provided in Table 10-1. A property owner choosing this option shall be responsible for allocating the allowable area of wall signs among individual tenants. (f) Areas of walls within which paint,lighting or other treatments are used to highlight or enclose an area of wall on which cutout letters or other signs are installed shall be deemed to be part of the wall sign for all intents and purposes of this Ordinance,and shall be subject to all applicable provisions of this Ordinance. (g) A wall sign shall not project from the wall in excess of nine(9)inches, except for raceway signs. A raceway sign may project up to fifteen(15)inches from the wall to which it is attached (h) A lot containing two structures devoted to separate and unrelated uses in existence prior to February 6, 1995 shall be subject to the following provisions: 1) If the lot does not contain a free standing sign, each structure shall be entitled to wall signs in accordance with subsections(a)and(b)above. (2) If the lot contains a free standing sign which identifies the uses located in both structures, each structure shall be entitled to two wall signs as authorized by subsections (a) and (c)above. South Burlington Sign Ordinance Effective June 21, 2006 Page 20 Table 10-1 Area of Wall Signs Type of building,signage Basis for total area of Maximum area of an Additional regulations for multi-tenant and permit all wall signs individual wall sign buildings and multi-building lots Single-tenant building 5%of principal 15%of façade to with free-standing and/or public façade which it is Up to 2 wall signs per individual landscape feature sign(s) attached or 100 building SF,whichever is smaller Single-tenant building, 10%of principal 15%of façade to Up to 2 wall signs per individual NO free-standing or public façade which it is building landscape feature sign(s) attached or 100 SF,whichever is smaller Multi-tenant building or No set limit; max. 15%of façade to • Up to 2 wall signs per tenant multi-building lot, no area determined by which sign is • Signs may be attached to one or master signage permit, sum of allowable attached, 5%of two building facades with free-standing sign or individual wall signs individual tenant • See calculation of storefront landscape feature sign(s) for each tenant storefront area, or area,Illustration 10-1 100 SF,whichever is smaller Multi-tenant building or Total area per 15%of façade to • Up to 2 signs per tenant multi-building lot, no building based on which sign is • Signs may be attached to one or master signage permit, individual tenant attached, 5%of two building facades NO free-standing or signage individual tenant • See calculation of storefront landscape feature sign(s) storefront area, or area,Illustration 10-1 100 SF,whichever is smaller Multi-tenant building or 10%of principal 15%of façade to • Up to 2 signs per tenant; multi-building lot with a public façade of which it is • Signs may be attached to as master signage permit in each building attached or 100 many façades as have an actively any district,including SF,whichever is used public entrance Dorset Street/City Center smaller • Property owner must divide up Sign District,with free- signage area among tenants standing or landscape feature sign(s) Multi-tenant building or 15%of principal 15%of façade to • Up to 2 signs per tenant multi-building lot with a public façade of which it is • Signs may be attached to as master signage permit in any each building attached or 100 district,including Dorset many facades as have an actively SF,whichever is Street/City Center Signused public entrance District,NO free-standing or smaller • Property owner must divide up landscape feature sign(s) signage area among tenants South Burlington Sign Ordinance Effective June 21,2006 Page 21 Illustration 10-1: Example of the Calculation of Storefront Area. /ll/l./////� ////////,//////l//.•. 1/„1,,,,,,�///,(�fi„ (2> A '/1iJ//JJ/JJ✓A,,,,,,,,,,,,e,,,,,,,,,,J,,,,,: l‘//////////,//!fr '/1/JJJJrr,,,,,r'fffd,,,,,,,,,,,,,,,,,,,,,,,,,l//11J/////l/,,,,,,/J/J '//////////ft'ff,,,W,"✓"W,I,J. /fl//r//////////////////////Y 'J///.•'.r%:r:,,i:,1•:,::f,,,VA'/Jf//I/f/1///////f///////////////1JJ1/J///ii: 'rr/.+i:'s'rr'i,A. ..•,:; f/A.W7f///f//ff1///////////JJ✓JN,Jr/J/rJrrr'r /,rri.,V,,,.••:,.•,::; •,te ifff/f/ff//f///////////,r///,/I/YJ////ram , W.,',,Yil/rr:%%%.,,A:Jft;f:Wirff/f1///f/////////////J///Jl/J/rJr//r1ii: 'J/,/..•ri f.,V,.+i ri?f:+ft::ffff/fff/f/fff////////////////////Jr/rrrr�Jrx 'J//r/r✓i J/A,,A,A:i.,/,,,,ifflf//f/f//////////////////////lr//////,W, V1110Y/Jfxo"r'f::J/dJ.,JJJ//lJ////////1///////i///////✓J//JJ/✓ ef.. ite, :'/Jw.Rro)ecting cwerhamkareas'are/in tudekwithim• the:cabulation of storefront area;signage may be ; Yd✓df,^. p. ,[�ffy.{.j.,ffi Gl„` `[,1/1/////////1J1✓/J////lr✓r✓,','✓/J"": • w.'lJ!/tr`",h„�:�.pV,,,,, , :•T tl/ QJ///////////1///,,,,,,//lJl✓,,,,,w Ji Y.AWAI11:'WA4e ii"/.ah'.T'YY'IN''1.i''fAti'I.Y.N"Y.Yl.WOWWA,t..4,AiWA A41. 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W..,..W'1.'.'lfJ .... rJf//,/////////J//v///////////////'/1rJrlf/r/,'.'h".^.:":.:^r"'/r.:" ...,,,,.Jrr,'/r/r//r/////,'///////////////'1//,'//f.Jd.•11h•.•^:,',..^/.+d, .^fJ:^t"^.'..,/?/////////////'//////////////r'111J/ r1.:", .J.:v"sv✓Jf /1147V///////////1/1'111JJrW. ..rlrf • ...,Ir/J11.'/1/JJ1r//////,///////////////'11J/1✓1^"fJ.'1/J✓✓.^"•"'"•.•,V1,"! • I. Wt (1) Areas not perpendicular to the ground are NOT included in the storefront area. (2) Projecting areas perpendicular to the ground ARE included in the storefront area. (3) Storefront area (shaded) _[(1/2)(w)x (h)] + [(wl)x (hi)] (4) If the lot contains a free standing sign that only identifies the use or uses located in one structure,the structure containing the use or uses identified on the free standing sign shall be entitled to free standing signs as authorized by subparagraphs(a) and(c) above, and the structure containing uses not identified on the free standing sign shall be entitled to no more than three(3)wall signs with a total area not exceeding ten percent(10%) of the area of the principal public facade of the structure. No wall sign shall exceed five percent(5%)of the total allowable sign area and no more than one(1)wall sign shall be placed on any one(1)façade of the structure. SECTION 11. Directory and Entryway Signs (a) Directory and Entryway Signs Allowed. In instances where it is desirable to list multiple stores or offices within one complex, or to identify a publicly-used entrance to a shopping center under single management, one (1) additional directory sign of no more than eight(8) square feet in total area may be attached to a wall or to the face of a free-standing sign,within the perimeter of the sign, in a suitable location to allow visitors,once within the property,to receive direction to a particular location. South Burlington Sign Ordinance Effective June 21, 2006 Page 22 (i)One(1)entryway sign identifying the a shopping center may be affixed to the wall at each publicly-used entrance. These directory and entryway signs are not to compete with any advertising or informational signs designed to be visible from the traveled way. ) In multi-tenant buildings or multi-buildin; structures under common management and ownership located wholly or n, 'Wally within the R7-NC toning district: and with more than one anoroved curb cut onto a public roadway on (1) n ryway si n may b atThc d to h w ll at h entrance identi ing the offices or businesses accessibl• through the enttv, or identifyin , • ', • , as "sta (only."restricted. or such othe directional uidance as is necessa• or the appropriate function of the complex. Such siga , ! , p •. '• , • • i uQYQv •' •, ft , free-standing directory siga l . a a ' ', 15) square •• I ; i, ' , , , ' • , '• , , , , , 20) ,square feet may b . r t d a a h a iv nubli Iv-us .d entryway. For any su h wall si ns the provisions of Section 11(c)below shall appl (c) Directory and Entryway Signs Attached to Walls. The area of a directory or entryway sign affixed to a wall shall be included in the calculation of the total allowable area of wall signs for the building or property to which it is affixed,but shall not count against the total number of wall signs allowed for the building to which it is affixed. (d) Directory Signs Attached to Free-Standing Signs. Directory signs attached to the face of a free-standing sign within the perimeter of the sign area shall not be counted as additional sign area. SECTION 12. Incidental and Directional Signs (a) Incidental Signs. (1) Incidental signs may use a typestyle and/or color consistent with the signage of the business or tenant to which they are related, but shall not otherwise advertise or draw attention to the business or tenant. (2) The use of logos or trademarks on incidental signs shall be prohibited. (3) Incidental signs shall not exceed four(4) square feet each. (4) Incidental signs attached to the facades of buildings are limited to one(1) sign per service bay or entry door indicating entry, exit, or other similar service or identification. Such incidental signs shall not count towards the maximum total number of wall signs allowable for the building to which they are attached,but shall count towards the maximum total area of wall signs allowable for the building to which they are attached. (5) The number,placement and size of incidental signs shall not be, in the determination of the Code Officer,excessive. Such a determination shall include a consideration of factors such as,but not limited to,the nature of the business or operation involved,the volume of traffic to be directed, and the configuration of the buildings and improvements on the site. (b) Directional Signs. (1) Directional signs shall generally be exempt from the provisions of this Ordinance, in accordance with Section 23. South Burlington Sign Ordinance Effective June 21,2006 Page 23 (2) Directional signs may include the name or logo of the business to which they are related. Applicants are encouraged to use a logo,typestyle and/or color consistent with the signage of the business or tenant to which they are related. (3) Directional signs shall not be considered additional wall or free-standing signs. The number,placement and size of directional signs shall not exceed one(1)per curb cut or driveway entrance to a property or a maximum of three(3),whichever is less. Directional signs shall be sufficient to direct traffic safely, and shall not,in the determination of the Code Officer, be excessive. Such a determination shall include a consideration of factors such as,but not limited to,the nature of the business or operation involved,the volume of traffic to be directed, and the configuration of the buildings and improvements on the site. (4) Free-standing directional signs shall not exceed three(3)square feet each. SECTION 13. Signs in Residential Areas (a) Non-residential uses in residential zoning districts. There shall be no signs in a residential district(as so classified under the South Burlington Land Development Regulations as presently in force or hereafter adopted and amended from time to time), except that one(1) sign may be erected and maintained for a lot on which a valid non-residential use exists under South Burlington Land Development Regulations,provided that the sign does not exceed four(4) square feet when located on a lot fronting on a street or road having a maximum posted speed limit of 25 miles per hour or less, or twenty(20) square feet when located on a lot fronting on a street or road where the maximum posted speed limit is in excess of twenty-five(25)miles per hour, or forty(40) square feet when located on a lot of at least two(2) acres having frontage on Dorset Street or Hinesburg Road within the Southeast Quadrant Zoning District. IL) Multi-tenant or multi-building ......s.,.)7... :sL___ district. For ,urnoses of this Ordinance only and notwithstanding S.ction 13(4) above multi-tenant ldings or multi-building ctru urec and r ommon mans m n and ownershi whi h ar to ated v or partially wi •hin th R7-N . zonin distri t and w hi h hav nor tl a o t onto a public roadway shall h considered to be in a non residential zoni►ia distri t t; rt zoning of the portion ofth . property lying outside the R7 NC zoning district C) Fdducational facilities inesident �. . Section 13 a) above, a public or nrivate educational acility a credited ly the State of Vermont to ementary or secondary duration may erect and maintain on (I) fr c anding ci n of wi h sign area of un to thirty-two (32)sauare eet. which may inclu,e a changeable message area consistent with the 'rovision of Section 9(0(5) above. (d) Home Occupations. Notwithstanding any provision herein to the contrary, a sign identifying a home occupation as defined by the South Burlington Land Development Regulations as presently in force or amended from time to time in a residential district shall not exceed two (2) square feet. (e) Bed and Breakfast Establishments. Notwithstanding any provision herein to the contrary,a sign identifying a bed and breakfast as defined by the South Burlington Land Development Regulations as presently in force or amended from time to time in a residential district shall not exceed four(4)square feet when located on a lot fronting on a street or road having a maximum posted speed limit of 25 miles per hour or less, or eight(8)square feet when located on a lot fronting on a street or road where the maximum posted speed limit is in excess of 25 miles per hour. South Burlington Sign Ordinance Effective June 21,2006 Page 24 (f) Signs Identifying Residential Complexes. Notwithstanding any provisions herein to the contrary,one(1)identification sign not exceeding twenty(20)square feet for purposes of identifying a single residential complex is permitted in a residential district. (g) Signs Identifying Dental or Medical Clinics. Notwithstanding any provisions herein to the contrary, one(1)identification sign not exceeding twenty(20)square feet for purposes of identifying a dental or medical clinic is permitted in a residential district. (h) Temporary Signs. Notwithstanding any provisions herein to the contrary,temporary signs shall not be allowed in residential districts,with the exception of temporary signs issued pursuant to Section 19 of this Ordinance for places of worship in any zoning district,and valid non-residential uses on lots of at least two(2)acres with frontage on Dorset Street or Hinesburg Road within the Southeast Quadrant Zoning District. SECTION 14. Landscape Feature Signs (a) In all districts in the City, a landscape feature sign may be utilized in place of a free- standing sign on any lot eligible for a free-standing sign. On lots eligible for multiple free-standing signs, multiple landscape feature signs may be allowed in accordance with the regulations for multiple free- standing signs. (f) A landscape feature to which a sign is proposed to be attached must be approved by the South Burlington Development Review Board(DRB) as part of its issuance of a permit for the lot on which the sign is proposed. Upon approval by the DRB of a landscape feature,the Code Officer may issue a sign permit for the use of the landscape feature as a sign in accordance with the dimensional and administrative requirements of this Ordinance. (g) Location. No sign may be attached to a landscape feature that is closer than five(5) feet to any property line at any point. No sign larger than 40 square feet may be attached to a landscape feature that is closer than 20 feet to any property line at any point. (h) A landscape feature sign shall consist of either individual cut-out letters and/or a cut-out logo, or an inset sign,either of which shall be permanently attached to or set into an approved landscape feature. (i) The individual cut-out letters and/or logo,or the inset sign, shall not project above the top of the landscape feature at any point. (j) The total area of the cut-out letters and/or logo, or the inset sign,may not exceed the maximum area of a free-standing sign(excluding any support structure)that would be allowable for the same lot. (k) No landscape feature to which a sign is attached may exceed six(6) feet in height from finished grade at any point, or four(4)feet in average height, from the finished grade at the base of the landscape feature. The Development Review Board may allow up to a maximum of seven(7) feet in height from finished grade and up to a maximum of five(5)feet in average height from the finished grade around the base of the landscape feature,upon a fmding that the sign as proposed: (1) Will not appear unduly bulky or massive from any public street, sidewalk,public South Burlington Sign Ordinance Effective June 21, 2006 Page 25 land or traveled way, (2) Will not present a hazard to traffic or pedestrian safety; and (3) Will be in keeping with the scale and character of other landscaping on the same and adjacent lots. (1) A border area without any attached or inset signage must be maintained for a minimum of six(6)inches in all directions from the outside edge of the cut-out letters and/or logo or the inset placard sign. The border area shall be at least sixty percent(60%)of the total area of the landscape feature. (i) The visual impact of maintenance panels should be minimized. (j) Backlighted letters and/or cut out logos shall be permitted,provided the installation is consistent with Section of this Ordinance. Shielded exterior spotlighting shall be permitted,with the beam spread not to exceed the area of the cut out letters and/or logo or inset sign. SECTION 15. Airport Signage (1) Airfield and Air National Guard Signage. Except as provided in(3)below,all signage on the airfield of Burlington International Airport or property owned by the Vermont Air National Guard that is installed pursuant to Federal Aviation Administration(FAA)or United States Department of Defense(DOD)requirements, as applicable, shall be exempt from the provisions of this Ordinance. (2) Other Necessary Signage. Except as provided in(3)below, all other signage on Burlington International Airport and Vermont Air National Guard property necessary to safe and efficient operation of the Airport or National Guard premises shall be determined by the Airport or Vermont Air National Guard pursuant to FAA or DOD recommended standards, as applicable,and shall be exempt from the provisions of this Ordinance. (3) Signs on Airport Property within 20' of Road Rights-of-Way. Signs on Burlington International Airport property to be located within twenty feet(20')of the edge of the right-of-way of a public road adjacent to the Airport shall be subject to the provisions of this Ordinance and shall require a sign permit. SECTION 16. Perpendicular Signs Perpendicular signs will be permitted subject to the following conditions: (a) Where property dimensions create circumstances that do not allow for a free standing sign, a perpendicular building mounted sign or signs may be permitted. (b) Any perpendicular sign to be installed must be determined to be properly mounted on the building from which it is hung in a safe and appropriate fashion relative to the architecture of the building. (c) A perpendicular sign may not extend above the top of the building wall or parapet to which it is attached. (d) A perpendicular sign may extend no more than three(3) feet from the outside edge of the wall to which it is attached, and may have a vertical dimension of no more than ten(10) feet The maximum area of the sign face of a perpendicular sign shall be thirty(30) square feet. South Burlington Sign Ordinance Effective June 21,2006 Page 26 4 ' (e) All signs of this type must be designed properly so as to be structurally correct and safe for pedestrians,traffic and other activities which occur in the vicinity. (f) Perpendicular signs are subject to the approval of the Code Officer who may seek the review of an architect,sign and/or engineering expert consultant to assist in his or her determination. All associated costs for this consultant review are to be borne by the applicant. SECTION 17. Real Estate and Construction Project Signs (a) Real estate signs. Signs advertising to the public that the property on which the same sign is displayed is available for sale,rent or lease shall not require a sign permit,but shall not be illuminated and shall be subject to the limitations in this Section. (1) In non-residential zoning districts, each lot shall be entitled to one (1) such free- standing sign not to exceed sixteen (16) square feet if located within twenty(20) feet of the edge of the right-of-way, or thirty-two (32) square feet if located more than twenty (20) feet from the edge of the right-of-way. (2) In residential zoning districts, each lot shall be entitled to one (1) such free- standing sign not to exceed six(6)square feet. (b) Construction project signs. Signs advertising that new construction, or an expansion, renovation or addition project (including painting, roofing, and siding) is taking place on the property on which the sign is displayed are subject to the provisions of this Section. (1) In non-residential zoning districts and in residential zoning districts where a multi-lot development involving ten(10) or more lots is taking place,construction project signs shall be limited to one(1)sign per property or multi-lot development,not exceeding thirty-two (32) square feet in area and eight(8) feet in height and not illuminated. Such signs shall require a sign permit. (2) Except as provided above, in residential zoning districts up to two (2) construction project signs may be displayed simultaneously on a lot. A single construction project sign shall not exceed six(6) square feet, or three(3) square feet each if two(2) such signs are displayed on a single lot. Such signs shall not require a sign permit. (3) Construction project signs in all districts shall remain only until completion of the project. Such signs remaining on a lot after the project is completed shall be in violation of this Ordinance. (4) Additional signs required to meet safety regulations for construction projects shall be exempt from the provisions of this Ordinance,and shall not require a sign permit. (5) Except as specifically provided for residential zoning districts in (2) above, multiple construction project signs shall not be permitted and shall be subject to removal by the City. (c) Display of construction project and real estate signs on the same lot. In all zoning districts, on lots of 80,000 square feet or less, there shall be no more than two (2) real estate and/or South Burlington Sign Ordinance Effective June 21, 2006 Page 27 y ' construction project signs displayed simultaneously. On lots in non-residential zoning districts exceeding 80,000 square feet, no more than three (3) real estate and/or construction project signs may be displayed simultaneously. SECTION 18. Miscellaneous Types of Signs (a) Roof Signs-It shall be unlawful for any person to erect, alter,relocate or maintain a roof sign as defined in this Ordinance. Provided,however,that a sign may be erected on a parapet wall if such parapet is an integral part of and architecturally consistent with the entire building and is not erected principally to receive and enhance the visibility of the sign. Any such sign shall not extend above said parapet wall. (b) Banners and Pennants - It shall be unlawful for any person to erect,relocate, alter or maintain banners or pennants as defined in this Ordinance. However,properly displayed governmental flags shall be permitted,but not in excess of three different flags per lot. In addition, a business may display one flag,not exceeding six(6) square feet on which is depicted its name, emblem or logo, except in the Dorset Street/City Center Sign District where such is prohibited. (c) Projecting Signs -It shall be unlawful for any person to erect, alter,relocate or maintain any projecting sign as defined in this Ordinance, except as specifically allowed in Section 10. (d) Billboard Signs-It shall be unlawful for any person to erect, alter,maintain or relocate any billboard sign as defined in this Ordinance, except as specifically allowed. (e) Animated Signs; Action Signs -It shall be unlawful for any person to erect, maintain, alter or relocate any Animated Sign or Action Sign. • (f) Limited Access Facility-No sign may be erected if it is so located as to be primarily readable from a limited access facility as defined in Title 19 of the Vermont Statutes Annotated. (g) Temporary and Paper Signs-Except as otherwise expressly provided in Section 19 herein, signs of paper, cardboard or similar material or signs which are temporary or non-permanent are hereby prohibited. (h) Window Signs-Window signs including those which are temporary or permanent in nature are permitted provided the total sign area does not exceed twenty-five percent(25%) of the total window area to which the sign(s)is attached. (i) Where a window or windows constitute fifty percent (50%) or more of the area of an individual building facade, the Code Officer shall have the authority to treat signs affixed to the window or windows as wall signs in keeping with Section 10 of this Ordinance. (ii) A sign or signs painted on or affixed to the inside or outside of windows shall be counted against the area of wall signs allowed for the building if the combined area of such a window sign or signs exceeds twenty-five percent(25%) of the window occupied. (i) Raceway Signs—Raceway signs, including cans,the metal structure and/or the box frame,must be made so that the raceway enclosure blends with the exterior wall of the building to which it is attached. Raceway signs are subject to the provisions of Section 10 of this Ordinance(wall signs). South Burlington Sign Ordinance Effective June 21,2006 Page 28 • SECTION 19. Temporary Signs Unless prohibited elsewhere in this Ordinance, a business establishment or other entity shall be allowed one (1)temporary sign in accordance with the following conditions: (a) No "Reader Boards"or similar such changeable wheeled signs are allowed. (b) Temporary "A frame" or"sandwich board"signs up to eight(8)feet in height and containing no more than thirty-two(32)square feet per side,and banners up to thirty-two (32) square feet in area which are permanently affixed for the purpose of advertising the opening of a new retail establishment or a special sales event on the lot where the signs are located,are permitted. (c) Temporary signs shall be maintained for a maximum of fourteen(14)consecutive days once in every two(2)calendar month period, or seven(7)days once each calendar month. (d) Establishments located on parcels of two (2) acres or more with a principal permitted business as a hotel and conference center shall be exempt from the limitation in Section 19(c) above; however, no individual temporary sign may be maintained for a period in excess of fourteen (14) consecutive days every two (2) calendar month period, or seven (7) days once each calendar month. Temporary signs in excess of those permitted in Section 19(c) above shall be limited to signs advertising specific temporary or limited-duration functions taking place on the property, and shall not be permitted for general advertising of the principal hotel or conference center function. SECTION 20. General Sign Requirements The following requirements shall apply to all signs: (a) No Signs within Public Road Rights-of-Way-No permanent or temporary sign, including but not limited to signs for real estate sales,product or service advertisement,and political advertisements, other than those required for governmental purposes,shall be located within a public road right-of-way. (b) Maintenance-All signs and other advertising structures,together with all their supports, braces, guys and anchors, shall be of substantial and sturdy construction, shall be kept in good repair, and shall be painted or cleaned as often as necessary to maintain a clean,neat,safe and orderly appearance. (c) Wind Pressure and Dead Load Requirements -Any sign or advertising structure as defined in this Ordinance shall be designed and constructed to withstand wind pressures and receive dead loads as required by recognized engineering and construction practices in the City of South Burlington. (d) Obstruction to Doors,Windows or Fire Escapes-No sign shall be erected,relocated or maintained so as to prevent free ingress to or egress from any door,window or fire escape. No sign shall be attached to a stand pipe or fire escape. (e) Signs Not to Constitute Traffic Hazards-In order to secure and maintain reasonable traffic safety, it shall be unlawful for any person to erect or maintain any sign containing reflective materials or any animated sign or action sign as defined in this Ordinance. No sign shall be erected or maintained in such a manner as to obstruction free and clear vision or so as to distract the attention of the driver of any vehicle by reason of the position, shape or color thereof. Pursuant to the foregoing,no sign shall be erected or maintained in such a manner as to be likely to interfere with,obstruct the view of, or be confused with, any authorized traffic sign, signal or device. Accordingly,no sign or other advertising structure shall make South Burlington Sign Ordinance Effective June 21,2006 Page 29 use of the words "Stop", "Go", "Look", "Slow", "Danger",or any other similar phrase, symbol, or character, or apply any color in such a manner as to interfere with,mislead, or confuse traffic. (t) Projecting Images -No person or establishment shall project light,logos or images into any area visible from a public sidewalk or right-of-way. (g) Design Standards for All Signs - Signs shall be designed and constructed in such manner and of such materials as to be consistent with the following design standards unless the applicant can establish to the satisfaction of the Code Officer,that any standards which are not met are inapplicable, unnecessary,or would create an extraordinary and unreasonable hardship: (1) No sign shall be located on a tree, or painted or drawn upon a rock, lawn, or the ground, excluding permitted landscape feature signs as provided herein. (2) All signs, and the standards and posts supporting them, shall be of substantial and sturdy construction. Break-away standards and posts are permitted if of substantial and study construction. (3) Signs shall not dominate the lot on which they stand or the building to which they are attached,but shall be compatible with same. (4) Signs shall contain a minimum amount of lettering which shall be clearly visible to the public without being distracting to motorists. (h) No sign may be erected if it is so located as to be primarily readable from a limited access facility as defined in Title 19,V.S.A. (i) No display of pornographic or lewd signs shall be permitted. (j) No sign shall be affixed to a handrail or fence. (k) No sign shall be attached to a water supply tank, and no sign shall be painted on a water supply tank except for governmental or operational identifications or notices, which are to be as minimal in size as practicable. (1) No sign shall be attached to a utility cabinet other than identification or required operational signs installed by the owner of the cabinet.No advertising signs shall be installed on any cabinet. (m) Off-premise signage shall not be permitted. (n) The use of parked or stationary motor vehicles to display temporary signs, such as but not limited to stickers, banners, drapes, and placards, for advertising purposes, shall be prohibited. For purposes of this sub-section such temporary signs shall include but not be limited to those signs that would not remain affixed to the vehicle when the vehicle is moving, or that would constitute a hazard to safe operation of the vehicle, and other similar cases as determined by the Code Officer. SECTION 21. Lighting (a) Except as provided elsewhere in this Ordinance, indirect or interior lighting may be used to illuminate any sign provided that the source of light shall concentrate the illumination upon the area of South Burlington Sign Ordinance Effective June 21, 2006 Page 30 the sign so as to prevent glare upon the street or adjacent property. Except in the Dorset Street/City Center Sign District, fixtures should not be placed any nearer than five(5) feet to the property line. (b) It shall be unlawful for any person to erect,alter,maintain or relocate any sign employing the use of luminescent lights as defined in this Ordinance, except where such luminescent elements are shielded from direct view by a separate translucent material. (c) No sign of any kind shall be left illuminated after ten o'clock P.M. (10:00 PM)in any residential zoning district, and no sign of any kind shall be left illuminated after midnight in any non- residential zoning district unless the premises are open for business after midnight, in which case,no sign of any kind shall be left illuminated after the premises are closed for business. Notwithstanding the above, a wall sign may be left illuminated,if the Code Officer determines that it is necessary for the protection of the property from theft or vandalism, and such determination is made a part of the permit. (d) String lighting shall not be allowed except for a non-permanent, seasonal or charitable business with permit by Code Officer. (e) In the Dorset Street/City Center Sign District, internally illuminated signs shall utilize opaque backgrounds and translucent letters, logos and/or graphics, so as to insure that the lettering, logos and/or graphics are illuminated rather than the background. Translucent backgrounds utilizing dark colors may be used with white, clear or other light translucent letters, logos and/or graphics,provided the Design Review Committee determines that the effect will be consistent with the intent of this provision. (f) The illumination of flags must conform to the provisions of the South Burlington Land Development Regulations regarding nighttime illumination of governmental flags. No other upward illumination of flags is permitted. (g) The use of integrated neon,LED and fiber optic lighting to illuminate signs shall be permitted provided the light source is covered with a clear,translucent or opaque material so that the light source is diffused and no glare is reflected. Exposed neon lighting shall not be permitted. (h) Except as provided in(g)above, fixtures shall not include bare bulbs, and fixtures shall not make bare bulbs or other direct light sources visible to persons viewing a sign. SECTION 22. Regulations for Establishments Selling Gasoline (a) Wall signs. For establishments selling gasoline,wall signs may be attached to the principal building and,if applicable,to a structural canopy. There shall be no more than two(2)wall signs on a principal building with the total area of all wall signs on the principal building not to exceed fifteen percent(15%)of the gross façade area of the principal building. (b) Structural canopies. There shall be no more than four(4)advertising and/or brand identification signs attached to each structural canopy on each lot,with no more than one(1) such sign attached to each face of a structural canopy and no individual sign to exceed fifteen(15) square feet. Internal illumination of structural canopies shall be permitted and shall not constitute a sign. (c) Signs necessary to operations. There shall be no limit on the total number of signs necessary for the operation of the establishment attached to a structural canopy and gasoline pumps, including such signs as "restrooms," "self service," or"air," provided no individual sign exceeds six(6) square feet. The foregoing not withstanding,however, any such sign including the name and/or logo of the business to which it is attached,other than names or logos integral to a gasoline pump, shall count as a South Burlington Sign Ordinance Effective June 21,2006 Page 31 wall or structural canopy sign and shall be subject to the applicable provisions of this Section and Ordinance. (d) Free-standing signs. For establishments selling gasoline,there shall be no more than one free-standing sign per lot. If a price sign is included as part of the free-standing sign, such establishments may add up to twelve(12) square feet to the free-standing sign allowance otherwise applicable to the lot. Such price signs must be an integral part of the one(1) allowed free-standing sign. The permitted area of the base or support structure of the free-standing sign shall be based on the maximum area of the free-standing sign applicable to the lot, excluding the additional twelve(12) square foot allowance for signs that include a price sign. (e) The total square footage of all signs on the lot, including point-of-purchase signs on gasoline pumps but excluding signs identified in section(c)above, shall not exceed one hundred(100) square feet. (f) The outdoor display of products for sale shall be prohibited,with the exception of vehicle tires,ice and/or propane. (g) Temporary signs outside the principal building shall be permitted as per Section 19 of this Ordinance. SECTION 23. Exemptions The provisions and regulations of this Ordinance shall not apply to official business directional signs and sign plazas as defined in and erected pursuant to Chapter 21 of Title 10,Vermont Statutes Annotated. The provisions and regulations of this Ordinance shall also not apply to the following signs,provided however, said signs shall be subject to the provisions of Sections 20, 21 and 25. (a) Memorial signs or tablets,names of buildings and date of erection when cut into any stone or masonry surface or when constructed of bronze or other incombustible materials and not exceeding six(6) square feet in total area. (b) One (1)residential "Name Place Sign" as defined in this Ordinance; (c) Traffic signs and legal notices; (d) Signs or billboards approved by the Code Officer that advertise the City of South Burlington, or any of its departments, or provide a community directory to the recreational and commercial facilities offered in the City; or advise the public of the location of facilities operated by the City or any of its departments. (e) Directional Signs,consistent with the provisions of Section 12 above;provided however, that the Code Officer may order the removal of Directional Signs upon finding by him that some are unnecessary,not within the definition set out in Section 3, or are otherwise contrary to the provisions of this Ordinance; (f) Bona fide Christmas and holiday decorations displayed during the period from November 15 through January 5; (g) "Warning", "Danger", "No Trespassing", or similar signs, in size and quantity as reasonably required to accomplish their intended purpose; South Burlington Sign Ordinance Effective June 21,2006 Page 32 (h) Signs for charitable or political purposes displayed on a wall or window. (i) Signs attached to electronic scoreboards,provided the following are met: (1) The scoreboard upon which the sign is attached is located on City owned or leased land, (2) The sign advertises a business or organization that made a monetary contribution towards the scoreboard in question, (3) The sign includes the words"This scoreboard donated by"or similar words to that effect, (4) The maximum size of the sign shall not exceed twenty-one(21) square feet, (5) The area of the sign shall not exceed twenty-four percent(24%) of the area of the scoreboard and sign combined, (6) The maximum height of the sign shall be ten(10)feet,measured from the average finished grade at the base of the scoreboard to the highest point of any part of the sign, (7) The sign shall not be illuminated. (8) The sign shall be covered by an attractive, fitted panel so that it is not visible during the months of November through March,and (9) The sign shall require written approval from the City Manager, or his/her designee,prior to its erection or alteration. (j) One-or two-sided free-standing signs for post secondary educational institutions which are used to provide information regarding on-campus activities that are open to the public. Such signs must be approved by the City Manager or the manager's designee,may not exceed fifty(50) square feet per side,must be at least fifteen(15) feet from the pavement of any public road,must not be located within any public right-of-way, and may not exceed ten(10)feet in height. Such signs may include an electronic message board not exceeding ten(10)square feet on each side of the sign,which may only be used between the hours of 7:00 A.M. and midnight. Information may be displayed on the message board on an intermittent basis,provided each display is at least five(5)minutes in duration. Each institution shall be limited to one(1)sign. (k) Signs reasonably necessary for the operation and use of the Chittenden County Transportation Authority and other public transit services. (1) Purely decorative murals, as defined in this Ordinance,that in the judgment of the Code Officer do not have the intent or visual effect of increasing the area of a sign. (m) All wall and free-standing signs, including those attached to windows and doors,that are necessary to ensure compliance with the Americans with Disabilities Act,provided such signs do not interfere with public safety. South Burlington Sign Ordinance Effective June 21,2006 Page 33 + ' c (n) Sculptures that do not involve a representation of or reference to a business, service or good shall not be construed to be signs and shall be exempt from the provisions of this Ordinance. Sculptures may be subject to the provisions of the South Burlington Land Development Regulations, as amended. (o) Vermont and Federal government markers of historical sites or places of interest and Vermont state tourism signs,provided such signs do not interfere with public safety. (p) One(1)help wanted sign of no more than four(4) square may be attached to permitted free-standing sign. (q) Barber poles,in accordance with Vermont statutes. (r) Wayfmding and interpretive signage. Sponsors of activities requiring bona fide interpretive signage or wayfinding signs, such as but not limited to signage for a natural area,natural resource demonstration project, educational initiative, or projects with a focus on historic,natural or cultural resources,may apply for a Master Signage Permit pursuant to Section 8 of this Ordinance. The Design Review Committee shall have the authority to determine the appropriate number, sizes, locations, designs and contents of such wayfinding or interpretive signs,but in no case shall the size of any single wayfinding or interpretive sign exceed twenty(20) square feet. The Design Review Committee shall have the authority to require supplemental plans or graphics,to require additional review by the Design Review Committee or Code Officer for changes or amendments to a Master Signage Permit, and to issuance of individual sign permits for certain signs approved within a Master Signage Permit. SECTION 24. Non-Conforming Signs (a) Except as provided below every sign lawfully in existence on the date of adoption of this Ordinance shall not be altered, including character or color alteration,or moved unless it is made to comply with the provisions of this Ordinance. Provided,however,that this clause shall not be construed to restrict a person from maintaining a sign in compliance with the provisions hereof Provided further however,that this Section shall not be construed to prohibit character alterations of signs which are designed to change a message on a regular basis, such as signs with changeable message areas and pricing signs. (b) A non-conforming sign must be removed or brought into conformance with this Ordinance if: (1) It is damaged or destroyed and the cost of reconstruction or repair is sixty percent (60%)or more of its depreciated value at the time it was damaged or destroyed; or (2) It has not been used for a period of six(6)months or longer. (c) A non-conforming sign may be relocated on a lot if the relocation is involuntary. Involuntarily relocation is any relocation caused by street widening or other city, state or federal activity beyond the control of the sign owner. Landscape feature signs that become non-conforming with respect to setbacks from property lines, height, or other dimensional standards as a result of such activities shall be treated as complying signs; conformance with affected dimensional standards shall only be required to the extent practicable without re-locating the sign. (d) Any sign lawfully in existence on the date of adoption of this Ordinance which is nonconforming as to size and/or height may be altered,provided: South Burlington Sign Ordinance Effective June 21, 2006 Page 34 • (1) The size and/or height of the sign is reduced by at least twenty-five percent (25%); and (2) The sign is made to comply with all other provisions contained in this ordinance. (e) Any free-standing sign lawfully in existence on the date of adoption of this Ordinance which is nonconforming as to location and/or as to the number of signs allowed on a lot may be altered provided the sign is made to comply with all other provisions contained in this ordinance. (f) The provisions above notwithstanding,on or before JUNE 3,2009, all non-conforming signs shall have been removed,lawfully replaced, or otherwise altered so as to comply with all applicable provisions of the South Burlington Sign Ordinance in effect as of that date. SECTION 25. Unsafe and Unlawful Signs If the Code Officer shall find that any sign is unsafe or insecure, or is a menace to the public,or has been constructed, erected or is being maintained in violation of the provisions of this Ordinance,he shall immediately give written notice to the owner thereof and shall have said written notice served by certified mail with return receipt requested. If the owner failed to remove or alter the structure, so as to comply with the standards herein set forth,at the discretion of the Code Officer after receipt of such notices, said sign or structure may be removed by the Code Officer at the expense of the owner of the sign and owner of the property upon which it is located, such expense of removal to be the joint and several liability of all such owners. The Code Officer may cause any sign which is an immediate peril to person or property,to be removed summarily and without notice. SECTION 26. Removal of Certain Signs Any sign now or hereafter existing which no longer identifies a bona fide use conducted, or a property sold, on the lot on which it is located,or which is not maintained in a safe and appropriate condition, shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found on the lot on which it is located within ten(10)days after written notification from the Code Officer, and upon failure to comply with such notice within the time specified in such order,the Code Officer is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building, structure or lot to which such sign is attached or is located. SECTION 27. Revocation of Permits The Code Officer is hereby authorized and empowered to revoke any permit issued by him upon failure of the permittee to comply with any provisions of this Ordinance. SECTION 28. Renewal of Permits Upon the expiration of any permits under this Ordinance,the sign for which the permit was issued shall be removed immediately unless the holder thereof applies for a renewal permit upon payment of the fee set out at Section 5 hereof and upon the filing of a renewal application on forms furnished by the Code Officer. Such forms shall include such questions as are reasonably required to enable the Code Officer to decide whether the renewal permit should be issued. The Code Officer shall act within the number of days,and in the manner set out at Section 7. Provided, further,that no permit shall be issued to any applicant if the sign or sign owner is not in compliance with the provisions of this Ordinance,as then South Burlington Sign Ordinance Effective June 21,2006 Page 35 a j amended, except as provided for Master Signage Permits in Section 8. SECTION 29. Appeals Any person aggrieved by any action of the Code Officer or Design Review Committee may appeal such action, or refusal to act,to the South Burlington Development Review Board. Such appeal shall be lodged with the City Clerk within fifteen(15)days of the Code Officer's or Design Review Committee's action or refusal to act,and shall be accompanied by an appeal fee in accordance with the schedule provided under Section 5 of this Ordinance. The fee for such appeal shall be the same as for appeals of actions of the Administrative Officer to the Development Review Board pursuant to the South Burlington Land Development Regulations. The hearing shall be held at the time and place set by the Chairman of the Development Review Board but no sooner than seven(7)days,nor later than twenty(20)days, after public notice of such hearing has appeared in a newspaper having general circulation in the City. The Development Review Board may make such order or take such action,including the issuance of a permit or the revocation of same as is consistent with this Ordinance. Provided,however,in deciding such appeals,the Development Review Board may not grant variances,exemption, extra-ordinary relief or otherwise alter, amend, enlarge or modify the provisions of the Ordinance, it being the intent of this section to merely provide for appeals from the decisions of the Code Officer or Design Review Committee, and not to provide for variances or exceptions hereto. The Development Review Board may adopt rules governing the conduct of such hearings, and if such rules are adopted it shall cause a copy thereof to be furnished to each applicant at the time that the appeal is taken. SECTION 30. Enforcement and Penalties (a) Any person who violates a provision of this civil ordinance shall be subject to a civil penalty of up to $500 per day for each day that such violation continues. The Administrative Officer or Assistant Administrative Officer of the City of South Burlington shall be authorized to act as Issuing Municipal Officials to issue and pursue before the Judicial Bureau a municipal complaint. The Administrative Officer or Assistant Administrative Officer shall issue a written warning for a violation of this Ordinance before issuing a municipal complaint for a first offense of this Ordinance in any calendar year. (b) Waiver Fee An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pay the waiver fee: First offense- $25 Second offense- $50 Third offense - $75 Fourth offense- $100 Fifth offense- $125 Sixth offense - $150 Seventh offense- $175 Eight offense- $200 Ninth offense- $275 Tenth offense- $350 Offenses shall be counted on a calendar year-basis. (c) Civil Penalties. An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation: South Burlington Sign Ordinance Effective June 21,2006 Page 36 r • r First offense- $50 Second offense- $100 Third offense- $150 Fourth offense- $200 Fifth offense- $250 Sixth offense- $300 Seventh offense- $350 Eight offense- $400 Ninth offense- $450 Tenth offense- $500 Offenses shall be counted on a calendar year basis. (d) Other Relief. In addition to the enforcement procedures available before the Judicial Bureau, the City Manager is authorized to commence a civil action to obtain injunctive and other appropriate relief, to request revocation of a license by the City Council or to pursue any other remedy authorized by law. SECTION 31. Conformity with State Law Anything herein to the contrary notwithstanding, this Ordinance shall in no way be construed to permit the erection or maintenance of any sign contrary to the laws of Vermont, now in existence or hereafter enacted. SECTION 32. Severability Any part or provision of this Ordinance shall be considered severable and, if any provision of this Ordinance or the application thereto to any person or circumstance is held invalid, such invalidity shall not effect other provisions or applications of the Ordinance which can be given effect without the invalid provisions of application,and to this end the provisions of this Ordinance are declared severable. SECTION 33. Repeal of Zoning Provisions Adoption of this Ordinance shall be deemed to repeal such portions of the South Burlington Zoning Ordinance adopted June 25, 1973 and any amendments thereto,which are inconsistent with the provisions of this Ordinance. SECTION 34. Effect. This Ordinance shall take effect from the date of its passage. South Burlington Sign Ordinance Effective June 21, 2006 Page 37 APPENDIX A K Dorset Street/City Center Sign District Map WE = Created: 7/22/99 • isi : l'i r lli i I II II Bak 40 rig lait 414:147 ittiapl -4106 gm ,c- -/ 1* II ill WA, /.4:" 81,14 IR OOAR4Y.kt„ 0 ii ...0 1 ., ll 1111 111 i if y , �ie �,Olt ilk - to /.0. a / 41PAr AS : ��ii rrr%n jS, A 0 rnit1i1 , fir 4reAr Or iptusionak, our "Vow. 0 Vissenottom ,l/•4.?.,,!�104/v aria■■ ■,i s■ SW lialltse Foo' ye....irer" 6 issilm. .110111 ardimam t fir % .: , ,r v ..0. do: s /� or //// Street Names • t Street Names 4-' * r '..rrA.r�rr.+ i A/Parcel Lines Condos Id „.4. w^. //, Sign District 0 �� s South Burlington Sign Ordinance Effective June 21,2006 Page 38 APPENDIX B Dorset Street/City Center Sign District Description of District Boundaries The westerly boundary of the District follows the Interstate Highway Right of Way from Williston Road to Kennedy Drive in the south. Kennedy Drive forms the southern boundary of the District and Williston Road forms the northerly boundary. At Kennedy Drive, the District boundary follows the School Department Boundary in a northeasterly direction along the stream bed and then northerly parallel to Woodcrest Drive and 100 feet back from the roadway R.O.W. The boundary follows the School Department Boundary in a westerly direction for a total of 1336 feet. The boundary then heads in a northerly direction, and parallel to Barrett Street for 1130 feet at which point it turns easterly and follows the Barrett Street alignment and coinciding with the property lines which are between 110 and 120 feet from the Barrett Street R.O.W. and coinciding with the property line delineating lands owned by the City of South Burlington. The District boundary follows this property line as it heads in an irregular fashion to the northwest to its intersection with the property line of lands owned by South Burlington Realty. At this point the line then heads in an easterly direction for 1245 feet to the Hinesburg Road R.O.W. The District then follows Hinesburg Road northerly for 181 feet at which point the boundary then follows the property for the South Burlington Realty parcel as it abuts the Central School Property. The District Boundary then heads north along the Central School Property for 84 feet and west 200 feet to the end of Mary Street. The District Boundary then proceeds westerly coinciding with the north property line of the properties located at 2 and 6 Market Street. The District Boundary then heads northerly to Williston Road along the eastern property lines of properties located at 8 and 100 Dorset Street and 1055 Williston Road. (Specialsignordinance South Burlington Sign Ordinance Effective June 21, 2006 Page 39 TD Banknorth, N.A. April 9, 2008 Page 2 The City is a lawfully constituted corporate instrumentality of the State of Vermont. The officers signing said note are the duly elected, qualified and acting officers of the City as indicated. The said note is in all respects in conformity with the laws and constitution of the State of Vermont, and is not in excess of any debt limit. Without limiting the generality of the foregoing, we certify that we have made due and diligent inquiry to ascertain if any litigation is pending or threatened in any State or Federal court of competent jurisdiction to restrain or enjoin in any way the issuance and delivery of the note to TD Banknorth, N.A., or the expenditures financed by the proceeds of said note, and we find none. We have reviewed the accompanying tax certification of the City Treasurer relating to the reasonable expectation as of the date of issuance of the City's $580,000 principal amount grant anticipation note, dated April 9, 2008, that the proceeds of the note will not be used in a manner that would cause the note to be an "arbitrage bond" or "private activity bond" within the meaning of Sections 103(c), 141 and 148(a) of the Internal Revenue Code of • 1986, as amended, and the Regulations promulgated thereunder. Based upon our examination of law and review of such certification, it is our opinion that the facts, estimates and circumstances set forth in such certificate are sufficient to satisfy the criteria which are necessary under said Sections 103(c), 141 and 148(a), and the Regulations thereunder, to support the conclusion that the note will not be an "arbitrage bond" or "private activity bond" within the meaning of said Sections of the Code. No matters have come to our attention which, in our opinion, make unreasonable or incorrect the representations made in such certification. Assuming compliance by the City with its covenants to comply with the Internal Revenue Code of 1986, the interest on the note is exempt from federal and Vermont income taxes presently in force, to the extent that interest on the note (a) is excluded from gross income for federal income tax purposes, and (b) is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations; however, it should be noted that with respect to corporations (as defined for federal income tax purposes) such interest is taken into account in determining current earnings for the purpose of computing the alternative minimum tax imposed on such corporations. TD Banknorth, N.A. April 9, 2008 Page 3 The opinion set forth in clause (a) of this paragraph is subject to the condition that the City comply with all requirements of the Internal Revenue Code of 1986 that must be satisfied subsequent to the issuance of the note in order that interest thereon be (or continue to be) excluded from gross income for federal income tax purposes. Failure to comply with certain of such requirements could cause the interest on the note to be so included in gross income retroactive to the date of issuance of the note. The City has covenanted to comply with all such requirements. We express no opinion regarding other federal tax consequences arising with respect to the note. McKEE, GIULIANI & CLEVELAND By: J. Paul Giuliani JPG:sg [9475-1A] cc: Dennis Gravelin (w/original encl) Assistant City Manager 575 Dorset Street South Burlington, VT 05403 Additional Liquor Licenses: For Council Meeting April 7, 2008 Name Address Silver Palace 1216 Williston Rd Short Stop# 105 1314 Williston Rd Jiffy Mart 110 Kennedy Dr One Flight UP Burlington Airport Rotisserie 1355 Williston Rd Hooters 1705 Williston Rd