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Agenda - City Council - 03/15/2010
S011t ;Arai l 4 CW r � ONT AGENDA SOUTH BURLINGTON CITY COUNCIL CITY HALL CONFERENCE ROOM 575 DORSET STREET SOUTH BURLINGTON, VERMONT Regular Meeting 7:00pm Monday , March 15, 2010 1) Comments and Questions from the public (not related to the Agenda). 2) Announcements and City Manager's Report. 3) Consideration of approval of employment agreement for City Manager(final draft to be provided by City Attorney); Mark Boucher, Council Chair. ,a. 4) Update on Williston Road (Rte 2) bus service; Chris Cole, Executive Director CCTA * 5) First reading of amendment of Ordinance to Regulate Peddling to address Farmers Markets; Schedule Public Hearing for same (suggest May 3, 2010). * 6) First reading of amendment of Sign Ordinance; Schedule Public Hearing for same (suggest May 3, 2010). * 7) Consideration of award of contract for Municipal Buildings Energy Audit. * 8) Consideration of award of contract for White Street water line replacement; Engineers Construction, Inc. (ECI); Jay Nadeau, SB Water Superintendent. * 9) Consideration of reappointment of Jean Erno as Town Service Officer. * 10) Consideration of appointment of Justin Rabidoux, Public Works Director/City Engineer as Town Health Officer. * 11) Review the agenda for the Development Review Board meeting being held March 16, 2010. * 12) Review and approve minutes from regular City Council meeting held on February 16, 2010. '1 * 13) Review and approve minutes from regular City Council meeting held on March 1, 2010. 14) Sign disbursement orders. 15) Consider entering executive session to discuss contract negotiations of personnel. 16) Adjourn Respectfully Submitted: Charles Hafter, City Manager Page 1 of 1 From: "Merrick, Susan" <Merrick@champlain.edu> To: "chafter@sburl.com" <chafter@sburl.com> Subject: Question about Donations Dear Chuck, Good morning. I hope you are well and able to take a bit of time to enjoy your final months as our City Manager. Chuck, I have a question for you. PACT has the intention of doing fundraising once we become a committee of the City of South Burlington. This fundraising, we anticipate, will take several forms in the years to come: grants, events, and individual donations. What are we allowed to say to donors about tax-exempt status for donations made to PACT (where donors will write "City of South Burlington -- PACT" on their checks)? And will PACT be able to give individual donors documentation of these donations, in the form of a letter on City stationery, for example? How have other committees of the City handled this? The answer to this question will help us make the best decision for insurance for PACT, a critically important step, as you know. Thank you. Warmly, Susie Merrick Co-Chair PACT, Parents and Adults Celebrating Children and Teens www.oactvt.com<http://www.pactvt.comf> Make an imPACT. No virus found in this incoming message. Checked by AVG -www.avg.com Version: 9.0.791 /Virus Database: 271.1.1/2763 - Release Date: 03/22/10 03:33:00 file://C:\Users\chuck\AppData\Local\Temp\eud17.htm 3/22/2010 SOUIriffp , l Pig ZiO k: PLANNING & ZONING AGENDA South Burlington Development Review Board Tuesday, March 16, 2010 7:30pm Regular Meeting City Hall Conference Room, 575 Dorset Street, South Burlington, VT 1. Other business/announcements 2. Minutes of February 16 and March 2, 2010. 3. Final plat application #SD-10-04 of Pizzagalli Properties, LLC to amend a previously approved three (3) lot subdivision. The amendment consists of combining lots #6 and 7 into one (1) lot totaling 13.53 acres, 47 Tilley Drive. 4. Continued preliminary plat application #SD-09-51 of Pizzagalli Properties, LLC for a planned unit development to construct a 50,000 sq. ft. office building, 119 Tilley Drive. 5. Final plat application #SD-10-03 of Homestead Design, Inc. for a planned unit development consisting of : 1) subdividing a 6.3 acre lot developed with a place of worship into two (2) lots of 4.27 acres (lot#1) and 2.03 acres (lot#2) and 2) developing the 2.03 acre lot with 18 dwelling units consisting of three (3) two-family dwellings and four (4) 3 unit multi-family dwellings, 899 Dorset Street. 6. Final plat application #SD-10-05 of Homestead Design, Inc. to amend a previously approved planned unit development consisting of 89 residential units in 16 buildings. The amendment consists of constructing a public street access from Songbird Road to a proposed residential development (Alder Hill), Songbird Road. 7. Site plan application #SP-10-16 of Timothy Cutler to operate a seasonal mobile food unit, 6-12 Ethan Allen Drive. 8. Continued sketch plan application #SD-09-42 of Gary Farrell et al for a planned unit development on a 26.1 acre parcel developed with two (2) single family dwellings. The proposal consists of: 1) razing one (1) single family dwelling, 2) constructing 21 single family dwellings, 3) constructing 17 two (2) family dwellings, and 4) constructing 8 three (3) unit multi-family dwellings, 1302, 1340, and 1350 Spear Street. Respe ful Sub ' ed, 1 R ym nd J. Bela r Administrative Officer 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com VEvIO\T FOR OFFICE USE ONLY \\ Beginning Date: DEPARTMENT OF HEALTH Expiration Date: (22 Resignation Date: Entered: Town Health Officer Recommendation Form Recommendation for: E Health Officer El Deputy Health Officer This is a: E New Appointment LI Re-appointment Is a resignation letter needed from previous Town Health Officer? ❑ Yes Iallo Start Date: 1 )ao 1 D Town/Municipality: Sd. County: C 1 , �� Full Name: :4— 1��,1Q;dov x Home DeliveryAddress: p c t ` \ \, 0 Cl-is L n-�f oar, c`�l 5`--77 L- c � s s ice: � � �L (DO NOT USE the Town Clerk Office or a Business for yoikr Home Address) Street Address for UPS Deliveries: -S E Email Address: , Q.V, r\ . C Telephone: W: (c,C b\ H: ?b'-�S i� Cell: 328 - n3�3 Education: High School College Other Professional Degree: "(e.g. MD, RN, DVM, DDS) Occupation: Please give a brief statement noting why the select board believes the recommended individual will make a good Health Officer: t= ,c Q en La —% ,.) 1 ` \/+ Signed: M -e.a o s If) D Chair of the Select Board Date Print Name ,1cr- Return completed recommendation form to: VT Dept. of Health/Enivronmental Health • 108 Cherry Street• PO Box 70 • Burlington,VT 05402 Toll-Free Telephone: 800-439-8550 Fax: 802-863-7483 onnn 40 ••04 0.01 south Charles E. Hatter, City Manager March 10, 2010 Chair and City Council South Burlington,VT 05403 Re: Consideration of reappointment of Jean Erno as Town Service Officer To All Members: Every Vermont municipality is required under State law to appoint a Town Service Officer on an annual basis. If the town has not made an appointment,the position automatically falls to the Chair of the Council. After serving in that position for many years,the Council (at my request) appointed Ms. Jean Erno to the position last year. Ms. Erno also serves as the TSO for the City of Burlington. The consolidation brought some consistency to the decision making process and better customer service to the needy individuals. Ms. Erno reports that things are going very well and that she is willing to serve again. As a reminder,the TSO finds emergency housing for transient and other individuals and families who are homeless during times when the social services offices of the State are closed. They contact with local motels and are reimbursed by the State. Please reappoint Ms. Erno. Sincerely, Chuck Hafter City Manager 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com \ 1v1ONT Department for Children and Families Agency of Human Services Economic Services Division (phone)802-241-2800 103 South Main Street (fax) 802-241-2235 Waterbury,Vt.,05671-1201 Benefits Service Center: 1-800-479-6151 www.dcf.state.vt.us MEMO TO: Chairman, Board of Selectman FROM: Joe Patrissi, Deputy Com , - DATE: February 22, 2010 SUBJECT: Town Service Officer Appointments in accordance with 33 V.S.A. §2102 The term of office of your present Town Service Officer expires on April 14, 2010. Vermont law provides for the appointment for a Town Service Officer by the Selectmen for each town on or before April 15th of each year. Beginning March 15, 2010, the Department for Children and Families will begin utilizing 211 for after hours coverage for our consumers. 211 will handle all after hour emergencies that otherwise may have been directed to the Town Service Officers. Given this change, the role of the Town Service Officers will be shifting their main focus to providing assistance to Vermonters in your community obtain the assistance they may be eligible for through our Division. To assist in this role, the Economic Services Division has created a new Community Services Enrollment Unit. This unit is led by Anne McBee. Anne and her staff are available to assist the Town Service Officers in learning about our programs and answering any questions they may have. Once you have appointed your new TSO and submitted their information to us, our Community Enrollment Manager will be in touch with them. I'd like to suggest that you give serious consideration to the following when you consider persons for this appointment: ➢ Does the candidate really know the people of your community? ➢ Is the candidate available to assist members of your community in accessing needed services? ➢ Can the candidate be depended upon to maintain in complete confidence (as required by law)the names of people who are receiving assistance? To ensure continued availability of a Town Service Officer to assist needy individuals in your community, please provide the name, address, and telephone number of the person named to fill the position as soon as possible. If the selectmen experience difficulty determining an appropriate candidate for the town service officer position, the law permits alternative ways that the selectmen may fulfill their statutory responsibility. Because the law allows an appointed town service officer to serve simultaneously for more than one town, you might consider making arrangements to share a town officer with an adjacent town. In addition, a selectman may be a town service officer and is expected to act on behalf of the town service officer in his or her absence. Memo - Chairman Board of Selectman Page 2 Please complete the enclosed form even if you appoint your current Town Service Officer to a subsequent term and return it in the enclosed, self-addressed envelope by March 31, 2010. If you do not respond by that date, the Town Service Officer currently listed for your town will remain on file in our records and may get telephone calls. Thank you for your assistance. /sa Enclosures cc: Field Managers am Gam. WIC southburlington Charles E. Hatter, City Manager AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall Conference Room 575 Dorset Street SOUTH BURLINGTON, VERMONT Organizational Meeting 7:00 P.M. Monday, Mar 15, 2010 1) Administer oath of office (Donna Kinville, City Clerk) 2) Election of City Council officers (City Manager presiding) a) Char b) Vice Chair c) Clerk 3) Set time and place for regular meeting; First and Third Monday of each month. 4) Annual appointments to be made by majority vote of City Council pursuant to City Charter, Chapter 3, Section 301 (2). Respectfully Submitted: CIA. Lk/7— Charles Hafter, City Manager 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.corn City of South Burlington Meeting Time/Date: Traditional 1st and 3rd Mondays; 7:00 pm List of City Council Meeting Dates FY 2010/11 1st 2nd Meeting Meeting March 1 (*) 15 April 5 19 (*) May 3 17 June 7 21 • July - 19 August 17 Tuesday(Bennington Battle Day) - September 7 Tuesday(Labor day) 20 October 4 s 18 • November 1 15 December 6 . 20 January '11 3 18 Tuesday(Martin Luther King) February 7 22 Tuesday(Presidents day) March 7 (*) 21 (*) School vacations: Winter Recess - February 22-March 2 Spring Break-April 26-30 3/8/2010 southburlington Charles E. Hafter, City Manager March 15,2010 Chairman and City Council City of South Burlington South Burlington, VT 05403 RE: Annual appointments to be made by majority vote of City Council pursuant to City Charter, Chapter 3, Section 301(2) To All Members: Attached is a copy of the City Charter, Chapter 3, Section 302 (2) that requires the following appointments be made annually by City Council: Position Incumbent City Treasurer Donna Kinville Asst. City Treasurer Denis Gravelin City Attorney Stitzel & Page Zoning Administrator Ray Belair Assistant Zoning Administrator Cathyann LaRose Auditor Angolano & Company First Constable Sgt. Paul Edwards Second Constable Det. Andrew Chaulk Grand Juror City Manager City Agent & Trustee of Public Funds City Manager All the incumbents are willing to serve another year. Please make appointments as required by City Charter. Sincerely, Charles Hafter City Manager ccappts.2010 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com 1 1 • • necessary to carry out the provisions of this charter as well as those r of providedcoal y law. The offices of fence and inspector of lumber shall vbewab` fihe warden, abolished. shall (1) The to officebers of the South Burlington School District shallCon• those provided by law for school or school provided, however, t hold no other school district or city school directors shall otherwise in this charter. When a office except as hel Directors, vacancy providedBoard the remainingof occurs on ta illofe vacancy until the members the board may shall fill the vacancy annual meeting when the fill the School District • a (2 ) The council by majority. vote of all • appoint annually the. city treasurer its members shall longer elective and the citywhose office shall be no /auditor, first and second constableey� zoning administrator, V Trustee. of Public Funds . grand juror, city agent, and • • (3) The term of office of the ,, . �_ • years, the first term to expire in1975y Clerk shall be three • Sec. 320 . CITY COUNCIL - NUMBER, TERMS OF OFFIC E, ELECTION (a) There shall be a City Council consisting five (5 ) members . nsisti • • (b) Three members shall have terms of • office of three years; two members shall have terms of office of two years . (c) All present selectmen shall serve as counc ' the expiration of their terms and their successors electedh and havea been until qualified, • have duly (d) All councilmen shall be elected at large, hold no other city or school district office ,except as provided otherwise in this charter. • and shall Sec. 303 . ORGANIZATION (a) Forthwith after their election and council shall organize and elect a chairman a vice -cchairm n the • a clerk by a majority vote of the entire council and .file a and certificate of such election for record in the office of the • clerk. city (b) The chairman of the council or' in his absence, vice-chairman shall preside at nce, �the shall be -recognized as the head ofthetgo the council and • ceremonial purposes . city government for all • 6 . HM Route 2 Corridor Proposed Alternative South Burlington City Council South Burlington City Hall Monday, March 15, 2010 7:00 PM Presentation Overview ■ Project Background o Route Backgrounds o Why Make Changes? • Project History & Route Implementation Timeline ■ Proposed Alternative • Routing • Scheduling ■ Headways ■ Span of Service o Service Modifications ■ Upgrades ■ Negative Impacts °;` a - " ,, � � � # s �- g ., Umall/Airport University'Os Mall 1 Airport H" "." •■ FY09 Avg. Weekday 414,4,tv-A'''' 104,1 — / ,t; ' Boardings: 1 ,286 � • FY10 up 4. 1 % YTD (Dec.) �.z— 2nd Highest Ridership in ,. system �. � " 3" 4 , ,,,,,, ,,. , °�I� „.,, ,,, • 82% of Boardings between Cherry Street & the U mal I --- 1 .8 /° of Boardings at the � � ..q Airport (23/day) • Re-routed outbound trips to the Airport via Kennedy Dr. last February } Williston Route .., ,,,,,.,.....„, ,,,,,,„„.„,„,„,, Williston mr: ■ FY0 9 Avg . Weekdaykir , Boardings : 280 > i 1 ,,,„ ,,,,,,. . .. .. �� � t� ■ FYI 0 down 10 2 `)/ 0 , . /:„.„., , . ... YTD „, ,, tt ,, „ n ti+ ., ,, i r,. , . i„ `�" , ,, ,, •. , , 1 ....,, ..., ... -,. as ■* Why Make ■ Route 2 Corridor between Burlington and Williston lacks quality transit service ❑ "Hole" in the system- Transfer needed to travel between downtown Burlington & Williston ❑ No enhanced peak hour service ❑ Inconsistent headways on the Williston route ❑ No late evening service to Williston- Last bus 7:30 PM ❑ No service to Williston Village ❑ No Sunday service (East of Kennedy Drive) ■ Both routes are circuitous ❑ Past success with straightening routes ❑ Increases operational efficiency and schedule adherence ❑ Provides improved service for the greatest number of passengers ■ Route 2 Corridor Study called for Route 2 bus route to help meet travel needs in region ■ City of Burlington identified the corridor as a priority in their Transportation Plan ■ Goal of the CCTA Board of Commissioners ■ Increase Ridership ❑ Peak hour ridership projected to be 943 passenger trips per day, 20% increase from current levels Project Histo ry & Implementation Timeline Task Date 1 . Public Process • June 2009 1. 4 Public Meetings 2. Online Survey 2. Municipal Presentations • June 2009 3. CMAQ Grant • October 2009 (Award) 4. 1 St Round of Public Hearings ' February 2010 5. Municipal Presentations • February/March 2010 6. Development of Preferred • March 2010 Alternative • March/April 2010 7 2nd Round of Public Hearings 8. CCTA Board Consideration • April 2010 of Public Comments 9. Implementation • Monday June 14, 2010 Proposed Alternative ■ Eliminate the Umall/Airport and Williston Routes • Replace with three new Routes : o Williston Road o Williston Connector o South Burlington Circulator • Add a new Commuter Route : O Williston Commuter €JFTION NDEN Proposed AlternativeRITY Proposed Routes Route 2 /Williston Rd. Route 2 /Williston Rd. ., Peak Hour Extension to ligttctino Williston Village South Burlington Circulator urtirs;tol l Route 2A Essex /Willistoninte `' Airport Barnes &Noble Dorset ° Lf' aFi squat, Mall ca 0 t a C3 Kcc n dy Car. Sh . ;`I}1 2..IA/ Talts Corners gang 11.1 g rk k7 P :tggYaN'b I ''lA oNtarggsaii fff fto Wal-Mart Mapii Tree Schedules Span Headways First Departure Last Departure Peak Base Evening g - ; ,, , / 1, ,, t -„,, , ..,.::, ,,, ,.,.„ . .4„ „, „4:,,, , . , 1 v co Saturday 6:15 AM 11:15 PM 30 30 1 60 lnk �P { r* gg Y Ill a w a Mon-Fri 6:30 AM 9:45 PM \ 30 30 60 cmi •/ids ( q Sunday 8:15 AM 5:15 PM 60 All Day L..O o ,�,, .lAt' .. '.:, sx.� �„ms w t„ »` er ,„ua i� izi �<a '�s u .R!' . , i .a Saturday 7:30 AM 7:30 PM 60 All Day ' �� ervic e ra es Qi ' O 2 hours later Mon-Fri to Umall O 4 hours later Mon-Fri to Wal-Mart O 4 hours later on Sat. to Umall & Wal-Mart • 2 hours later on Sat on S.B. Circ route/Airport , �; , . O Weekday 15 minute peak hour on Williston Rd. • Williston Road upgraded from current Williston route schedule O 30 minute until 10:15 p.m. to the Umall (Mon-Sat) O Weekday 30 minute peak hour on Williston Connector O Saturday 30 minute early morning on Williston Rd. • Saturday 30 minute early morning on S.B. Circ ' J . Via` .` .. . , ' O Williston Road between Kennedy Dr. & Industrial. • VT 2a South of Taft Corners to Marshall Ave O VT 2a North of Taft Corners to Industrial Ave O Williston Village O Williston Road between Dorset & Taft Corners/Wal-Mart (Sunday) Degraded • Reduced & Eliminated Geographic Coverage Area: o Industrial Avenue- O 18 total daily boardings and alightings • 7.2% of total Williston Route ridership • Dept. Children & Families o Kimball Avenue & Community Drive- • 11 total daily boardings and alightings • 4.4% of total Williston Route ridership O VABVI • Fletcher Allen Employees (Community Drive) o Shunpike Road & South Brownell Road- O 16 total daily boardings and alightings O 6.5% of total Williston Route ridership • New Transfers Needed: o South Burlington neighborhoods to/from downtown Burlington o Downtown Burlington to the Airport sm Possible Mitigation Measures ■ Industrial Avenue • Will likely be served by 2 morning & 2 afternoon Williston Village deadheads o Potential additional service to Industrial Ave. ■ Kimball Avenue/Community Drive: o Possible by request service to Community Dr. • Potential to add limited fix stops at Community Dr. • Will impact 30 minute running time ■ New Transfers Needed : o Working to install a large shelter at the Umall • Due to scheduling no transfers needed during evenings and Sundays n{g, Comments ■ Submit Comments ! oVia email : ccole cctaride .or �� g mbirkettAcctaride .org Jmoore©cctaride1org oVia phone : 802-864-CCTA /0 alm•oiftw south Charles E. Hefter, City Manager March 10, 2010 Chair and City Council South Burlington,VT 05403 Re: Consideration of appointment of Justin Rabidoux, Public Works Director/City Engineer as Town Health Officer To All Members: Every municipality in Vermont is responsible to have a Town Health Officer who deals with enforcing the rental housing codes, animal bites, on-site sewage issue and other any health related emergencies. In the absence of an officially appointed THO, the responsibilities fall back on the Council Chair. I currently serve as the THO and my appointment expires on March 11, 2011. While I could legally continue to serve as there is no requirement that a THO is employed by the Town, it is my experience that the process works much more efficiently when a city official holds the authority and the hammer. Fortunately, Justin Rabidoux was previously the THO for the Town of Stowe in his last position as Stowe Public Works Director, and is willing to accept the same appointment with South Burlington. This is an excellent solution. Please appoint Mr. Rabidoux. Sincerely, Chuck Hafter City Manager 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com 2 Lamoureux & Dickinson 14 Morse Drive Consulting Engineers, Inc. Tel(802)878-4450 Fax(802)878-3135 Essex,VT 05452 www.LDengineering.com March 10, 2010 Mr.Jay Nadeau Champlain Water District 403 Queen City Park Road So. Burlington, VT 05403 RE: White Street- Documents from ECI concerning Scope of Work Change Dear Jay: As we requested, Chris Belanger, Project Manager for Engineer's Construction, Inc., has prepared a letter outlining the proposed reductions to their lump sum bid prices for items #1 Mobilization, and #2 Traffic Control, as they relate to the reduced scope of work along White Street as outlined in my letter to ECI dated March 2, 2010. In addition, Chris has included extra costs they anticipate as a result of having to tie into the existing AC waterline at station 16+30. This would be a lump sum change (increase) in the contract price which they did not include in their original bid as this connection was not proposed on the original bid set of plans. Andy Rowe and I have reviewed Chris's letter and justifications, and have the following comments: 1) Proposed Mobilization reduction in price of $3,532.00: This price reduction appears reasonable and amounts to a 6% reduction from their original lump sum price of $57,500.00. We would point out that the Measurement and Payment section allows the maximum bid price for this item to be up to 5% of the total base bid. The new lump sum price of $53,968 is over 8% of the total bid price if all of the values proposed by ECI are used. Having said this, the Bid Documents give the Owner the right to waive any informality or irregularity in any Bid. 2) Proposed Traffic Control reduction in price of $2,400.00. - This price reduction also seems reasonable, except there is no mention of a credit being given for the savings associated with not having to repair the loop detector system at Williston Road. I questioned Chris about this item, and he said ECI did not add any additional money to their traffic control price after addendum #1 was issued, and therefore could not give a credit for it. Considering ECI's original bid price for Traffic Control was $29,000 less than the next lowest bidder for this item, we recommend their $2,400 proposed credit be accepted. Civil Septic Design Transportation Wetlands Landscape Architecture Land Surveying 3) Cost of extra work associated with the tie-in to the existing water main along White Street at station 16+30. - As can be seen in Chris's letter, ECI presented two price values for extra work associated with the new starting point of the project which they would like us to consider. Assuming the existing in-line insertion valve is functional along White Street at approximately station 16+00, the extra cost of the tie-in during normal daytime hours is estimated at $6,000. If the valve is not functioning, and the tie-in has to be accomplished at night so that a portion of the water main along Williston Road can be shut down with less disruption to the users, the estimated cost is $7,050.00. Although these values seem somewhat higher than we would have estimated, we feel they are not out of line. As you know, subsequent to our review of ECI's letter, you, Chris, and I met today to discuss the above cost extras presented above. We agreed that if both the existing in-line valve and the valve at the intersection of White and Patchen could be closed successfully, an alternative, simpler tie in approach could be constructed with the addition of a new 8" gate valve installed on the new line at the tie in point. Chris stated that the extra cost associated with this tie-in method would be reduced from their original estimate of $6,000 to only the cost of one new 8" gate valve ($1,350.00). In summary, we would recommend that the City accept these modifications, and proceed to awarding the contract to ECI for a total contract cost of $612,163.00. This value represents their corrected original base bid of $676,123 minus the $59,378 in unit price reductions (outlined in my letter of March 2, 2010 to ECI), minus the $3,532 and $2,400 reductions to bid items #1 and #2 outlined above, and the extra cost of an 8" gate valve of $1,350 at the tie-in at sta. 16+22. If the in-line insertion valve is found not to be functioning adequately, and a night tie-in is needed, a change order for the extra cost can be considered. To document these contract cost changes, we propose to include my letter to ECI of March 2, 2010, ECI's letter to me of March 8, 2010, and this letter as additional attachments to the Agreement. Please feel free to call if you have any questions or comments on the above information. Sincerely, Doug Gou-tette, P.E. End. P:\2009\09040\Construction\JayNadeauLetter.scopechange.doc • ID Lamoureux & Dickinson 14 Morse Drive Consulting Engineers, Inc. Tel(802) 878-4450 Fax(802)878-3135 Essex,VT 05452 www.LDengineering.com February 24, 2010 Mr. Charles Hafter, City Manager City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: White Street Water Main Replacement Project Bid Results and Recommendation to Award Dear Mr. Hafter: The bid opening for the above referenced project was held on February 19, 2010. The following is a summary of the results: Munson Earth Moving $ 1,482,966.00 S.D. Ireland $ 1,115,586.00 Don Weston Excavating $ 758,507.00 Engineers Construction, Inc. $ 676,123.00 (adjusted -see discussion below) Engineers Construction appears to be the low bidder at $676,123.00. We have the following comments on their bid: • Bid Item No. 8 - 8" C152 Ductile Iron Pipe - the unit price in words was $44.00, while the price in figures was $44.50. • Bid Item No. 9 - New Hydrant w/valve - the unit price in words was $1,450.00, while the price in figures was $3,450.00. In accordance with Section 1.3 Bidding Procedure section of the Invitation to Bidders, the amount written in words shall govern over figures when discrepancies occur. As a result, if the written unit prices are applied to the estimated quantities for the above two bid items, the resulting bid total is $676,123.00, which is $12,335.50 less than the total computed by Engineers Construction, Inc. ($688,458.50) using the higher unit prices in figures. We recommend the City of South Burlington proceed with a Notice of Award to Engineers Construction, Inc. for the amount of $676,123.00. Sincerely, 1,4 Doug oG ulette, P.E. c: Jay Nadeau, CWD Mike Drescher, Engineers Construction, Inc. P:\2009\09040\Construction\Bid Analysis LETTER.doc Civil Septic Design Transportation Wetlands Landscape Architecture Land Surveying White Street Water Main Replacement Instructions to Bidders of Bidders, the date set for the opening of Bids may be postponed, in which case the addendum will include an announcement of the new date set for Bid opening. 1.3 Bidding Procedure The following bidding procedure must be followed for a bid to be considered responsive: Form and Style of Bids li A. Bids shall be submitted on forms identical to the form included with the Contract Documents. A conditional or qualified Bid will not be accepted. B. All blanks on the Bid shall be filled in b typewriter or manually in i C. Where so indicated by the make-up of the Bid, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern. D. In the event there is anydiscrepancy in the Bid between anyunit price in figures and the P Y extended totals, the unit price in figures shall govern and the extended totals in each case shall be corrected accordingly. No Bid will be accepted which does not contain a unit price for each item in the Bid Form. E. Any interlineations, alteration, erasure, or use of correction tape or correction fluid must be initialed by the signer of the Bid. 1111 F. Each copy of the Bid shall include the legal name of the Bidder and a statement that the Bidder is a sole proprietor, a partnership, a corporation, or some other legal entity. Each 1111 copy shall be signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation shall further give the state of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have a current power of attorney attached certifying the agent's authority to bind the Bidder. Bid Security A. Each Bid shall be accompanied by a bid security in the form and amount required pledging that the Bidder will enter into a Contract with the Owner on the terms stated in their Bid. Standard AIA Bid Bond forms are acceptable. The successful Bidder will be required to furnish Bonds covering the faithful performance of the Contract and the payment of all obligations arising there-under. Should the successful Bidder refuse to enter into such Contract or fail to furnish such Bonds, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as a penalty. The amount of the bid security shall not be forfeited to the Owner in the event the Owner fails to comply. B. If a surety Bond is provided in lieu of a certified check, it shall be written on the Bid form provided in the Agreement; and the attorney who executes the Bond on behalf of the 6 • • • • a f 0 SOW fit. PLANNINGZONING MEMORANDUM TO: South Burlington City Council & City Manager FROM: Paul Conner, Director of Planning & Zoning p DATE: March 15, 2010 SUBJECT: Municipal Audit Proposal Selection Last summer, as you may recall, the city was awarded $85,500 in Energy Efficiency grant funding. Last month the city issued a Request for Proposals for the Municipal Building Audit Services (to perform ASHRAE level II energy audits for selected buildings). The RFP was distributed to a list of consultants supplied by Efficiency Vermont, to the Energy Committee, and was made publicly available via the city's website. Four bids were received, ranging in cost from $5,600 to $11,100. An independent review committee was established. This committee consisted of Denis Gravelin, Assistant City Manager; a representative from Efficiency Vermont (providing technical support), and a local volunteer resident who is employed as an energy auditor with the Champlain Valley Office of Economic Opportunity. I make note of these individuals because they were specifically chosen as people who both had expertise in the field and have no connection with the South Burlington Energy Committee. Based upon the proposed scope of work, qualifications, cost, and experience with similar work, each individual member of the committee independently selected Efficiency Innovations as their top choice. This has been brought before the City Council for final action for two reasons: 1. The unanimous top candidate was not the low bidder, it was the 2nd lowest. The cost, as submitted by Efficiency Innovations (EI), is $7,100. All members of the review committee, however, felt that the low bidder's ($5,600 cost) qualifications and proposed scope of work were below those of the other candidates. It was also unclear, in the low-bid proposal, how much of the $5,600 proposal would be dedicated to travel costs, as the consultant is based out of Maine. This proposed amount, $7,100, is higher than initially estimated in the grant award. The grant received by the city was divided into three parts. The amount initially allocated for the audit portion of the grant was $5,700. Staff is confident, however, that the difference between the grant funding dedicated to this piece of the project and 1 the top candidate's bid can be found. If this candidate is selected, staff will work with the Department of Energy to reallocate the $1,400 within the grant. If this is not possible, funds from the Energy Committee's FY '10 budget can be used. The value of these audits, especially ones with strong and concrete steps for action, is well worth this cost in terms of returns on investment. 2. The top candidate, Efficiency Innovations, is led by Allan Bullis, a member of the South Burlington Energy Committee. It is, of course, important that there be no appearance of favoritism in this selection process, and so several steps have been taken to ensure an objective review. First, Mr. Bullis was clear last summer that he might submit a proposal for this work, and as such did not participate in the development of the Request for Proposals. Second, the review committee was specifically selected from individuals who were had no knowledge of Mr. Bullis' membership with the Energy Committee, to ensure that there would be no appearance of impropriety or favoritism. Finally, while Mr. Bullis was aware that the city had applied for an received this grant, he was not alone in that situation. Several potential candidates were aware, as our requirements for submitting this grant application included a solicitation of cost estimates from the private sector. At least one of the other four final bidders on this project had participated at that initial stage. Thank you for your consideration. It is the recommendation of the independent review committee members, based on their expertise in the field, that Efficiency Innovations be selected to perform the energy audits on municipal buildings. 2 • 4141141 SOUthbur1 ingtob PLANNING & ZONING MEMORANDUM 10: South Burlington City Council & City Manager FROM: Paul Conner, Director of Planning & Zoning rc- DATE: March 15, 2010 SUBJECT: South Burlington Sign Ordinance Amendments: First Reading Enclosed please find a draft first reading of the proposed amendments to the City Sign Ordinance. The amendments include all of the elements presented at the February 1st Council meeting, as well as adjustments based on feedback provided by the Council. Those adjustments include: • Ensuring that all free-standing signs are located at least one (1) foot away from the public right of way; • Including illustrations showing where free-standing signs may be located; and, • Limiting the size of restaurant menus. In addition, we have asked the City Attorney to craft language that addresses future changes to the Ordinance. The current Ordinance, as you know, eliminated all grandfathering as of June 3, 2009. The issue this presents, going forward, is that all future constraining amendments to the Ordinance would immediately make non-conforming signs illegal. That is neither practical nor legal. To resolve this issue, the City Attorney has proposed a "rolling" five-year window for signs to amortize once a new amendment comes into effect. That proposed language is included. Finally, the Sign Task Force was asked to provide feedback concerning whether generically labeled vending machines should be allowed in the city. The example provided at the Council's February meeting was replacing panels that read "Coke" with ones that read "Soft Drinks." The Committee was split on this item. It was generally agreed that whether a sign reads "Coke" or "Soft Drinks," it is still advertising a product. Some members felt that considering vending machines signs was over-regulation, while others felt that to change the Ordinance at this point would inconsistent given that some machines have been removed. The recommendation from staff is that the Ordinance be left as is, which is to say that visible, outdoor vending machines are generally prohibited. I would be happy to discuss this further with the Council on Monday, however. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com DRAFT AMENDMENTS to the SOUTH BURLINGTON SIGN ORDINANCE First Reading SOUTH BURLINGTON CITY COUNCIL March 15, 2010 Key to the Amendments 1. Proposed new text is shown in Bold Underline 2. Proposed deletions are sown in strikcthrough SECTION 3. DEFINITIONS "Traveled way" as used in this Ordinance shall mean the paved or otherwise surfaced area of a public street or road intended for use by vehicular traffic, including aprons, shoulders, and curbing, but not including a sidewalk or recreation path. 4. "Directional Sign"as used in this Ordinance shall mean a sign not e) c 3)square feet in designed to direct and inform the public as to the location of exits,'entrances service'areas,loading or a and unloading areas, and designated parking spaces ,(eas, or s wording of ari informational nature. SECTION 9. FREE-STANDING SIGNS `.. � (b) Number of Signs Per Lot. The maximum mier of free-standing signs on a lot shall be as follows: (2) Lots on whichthe Development Review Board has granted approval for the development of the property with two (2)or mere separate entrances to a public road shall be entitledo additional free standing signs where: (i) each entrance is separated from each other entrance by a distance in excess hundred(� feet, as measured from center line to center line between the two e s; a n d , (ii) the number of proposed free-standing signs for the property does not exceed the number o public road entrances that meet the standards set forth above; and the ` osed free-standingsignsare located within twenty-five (25)feet of p ,.A ty- tn the- e-approved entrances and visible to vchicics passing the • (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, subject to the following: (i) Public sidewalk of recreation path exists in public right-of-way: 1 DRAFT AMENDMENTS to the SOUTH BURLINGTON SIGN ORDINANCE First Reading SOUTH BURLINGTON CITY COUNCIL March 15, 2010 (B) Where the outer edge of the public right-of-way is less than five (5) feet from the outer edge of the public sidewalk or recreation path, no part of a free-standing sign shall be placed closer than five (5) feet from the outer edge of the public sidewalk or recreation path. In no case shall a free-standing sign be placed closer than one (1) foot from the public right-of-way. (see illustration 9-1) (C) Where the outer edge of the public right-of-way sfive (5) feet or more from the outer edge of the public sidewalk or recreation path, no part of a free-standing sign shall be placed clos t` than one (1) foot from the right-of-way. (see illustration 9-2) (ii) No public sidewalk or recreation path exists in=public right-of-way: (A) Where the outer edge of the public right-of-way is les than eleven (11) feet from the outer edge of the 'traveled of':.way, no part a free-standinq sign shall be placed closer than five (5)feet from the right-of-way. (see illustration 9-3) "`X"4, "` (B) Where the outer edge of the public right;way is eleven (11) feet or more, but less than fifteen (15) feet from the outer edge of the traveled way, no part of a free-standrncg4ign shall be placed closer than sixteen (16) feet from the outer edge oaf the traveledway (see illustration 9-4) (C) Where the outer edge,of.,Afte public_, ght-of-way is fifteen (15) feet or more=r`€rm:the outer edge4of the traveled way, no part of a free-standing si shall b slaced close than one (1) foot from the right-of-way. (see �stration No part of a s - ®;se whic,, is larger than forty(40) square feet in size shall be laced clos ; n twenty 20'feet to any property line. *Renu er remaining i rations action llsSection 9. dett SECTION CIDENT AND DIRECTIONAL SIGNS (b) Directi rgns. yySF..: ll Directional signs shall not be considered additional wall or free-standing signs. IV 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. 2 DRAFT AMENDMENTS to the SOUTH BURLINGTON SIGN ORDINANCE First Reading SOUTH BURLINGTON CITY COUNCIL March 15, 2010 ll Lettering on a directional sign shall not exceed six(6) inches in height. ll Number and size of directional signs: ill For properties of less than ten (10) acres in size,the number;and 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. No such directional sign shall exceed three (3) square feet in area. No such directional sign shall be more than five (5) feet in height. ii For properties ten (10) acres or more in size,the number of directional signs shall not exceed one (1) per two (2) acres of property area,to a maximum of eight(8) directional signs. Not more than one(1) directional sign shall be placed within twenty-five (25)feet of eachcurrb-cut or driveway entrance. No directional sign shall exceed ten 10) square feet in size,atnd no more than half (rounded up) of the maximum allowable number ofdrectional signs shall exceed three (3) square feet Weize. Nodirectional sign lass than or equal to three (3) square feet in size-=shall,be!mor than five (5)feet in height, and no directional sign larger than three(3)square feet in size shall be more than ten (10)feet in height. ll No directional sign shall be;p aced:closer than five 53feet from a property line. No directional sign that is greatethan three (3) square feet in size shall be located closer than fifty (5.0)feet fro a �ttf pro rtY=line. Free standingrcctional signs sha mnot excecd three (3) square feet each. 04, SECTION 13. SIGNs I -REsiDEt TI.L AREAS (a) Non-residential us )'rr resident ra'zoning districts. There shall be no signs in a residential district(a iso classified under the South Burlington Land Development Regulationsas presentlyiforce or hereafter adopted and amended from time to time), except that one(1)sign ma sbe erected and maintained for a lot on which a valid non- residential E -.. use exists under South Burlington Land Development Regulations, provided that-the sign does got exceed twenty(20) square feet, or thirty(30) square feet when locate on a lot.havinq frontage on Airport Drive, or forty(40) square feet when locate lot�of at least two (2) acres having frontage on Dorset Street or Hinesburg n Road wi e Southeast Quadrant Zoning District. SECTION 23: EXEMPTIONS (s) Skins designated as "historic" by the Vermont Division for Historic Preservation (or its successor) or the National Register of Historic Places. Alternations to such signs shall only be permitted if the entire sign becomes compliant with these regulations 3 DRAFT AMENDMENTS to the SOUTH BURLINGTON SIGN ORDINANCE First Reading SOUTH BURLINGTON CITY COUNCIL March 15, 2010 or if the proposed alterations are approved as remaining "historic" by the above- named bodies. (t) Informational signs affixed to the principal face of a propane gas cage containing safety information, the manufacturer's name, the manufacturer's logo, and/or emergency contact information. Lettering, numbering, or logos shall not exceed three (3) inches in height. (u) One (1) restaurant menu not exceeding two (2) square,,feet in size per restaurant, affixed to a wall adjacent to a door that leads dui ctly;into such restaurant. No lettering or numbers shall uet exceed one (1) inch in height No such menus shall be internally illuminated.Any other lighting shall be downcast directly,onto the menu. SECTION 24. NON-CONFORMING SIGNS • • • (1) It is damagedor destroyed and the cost of reconstruction or repair is sixty destroyed;oroz,. 1• \ ,4 t has not been used for a period of six(6) months or longer. A none'` arming sign maj be reloc-ated on a lot if the relocation is involuntary. AInvoluntarily relo stein is any relocation caused by street widening or other city, state or ti fedal activity beyond;the control of the sign owner. Landscape feature signs that become standar AS a result of Id) Any sign lawfully in existence on the date of adoption of this Ordinance which is (25%►; and \c/ e-4e f;-6fi�-f}ly—Vb'tn-ra-r�vrrr�pTo=v'i�ivTr3—r.orrrmrr�r-rr��rrra ordinance. 4 DRAFT AMENDMENTS to the SOUTH BURLINGTON SIGN ORDINANCE First Reading SOUTH BURLINGTON CITY COUNCIL March 15, 2010 ordinancc. (f) The provisions above notwithstanding, (a) On or before JUNE 3, 2009, all non-conforming signs shall have been removed, lawfully replaced, or otherwise altered so as to comply withal applicable provisions of the South Burlington Sign Ordinance in effect as of that'date. (b) A "conforming sign" shall become a non-conforming snit on the effective date of an amendment of this ordinance that establishes a standard or requirement z with which the sign does not conform. A conforming sign shall be: (1) Any sign in existence on June 3, 2009,that on such date was in full compliance with all requirements of this ordinance as it was then" constituted; or (2) Any sign first constructed after June 3,2009, in strict compliance with a permit issued under this ordinance; or (3) Any sign altered or relocated June 3, 2009,`ins rict compliance with a permit issued under this ordinance. (c) Within five (5) years of the date,a sign becoies'non-conforming, it shall be removed or,following issuance of a permit, be altered or relocated to comply with this ordinance. `' s`c T 5 Illustration 9-1:Location of a Free-Standing Sign,R.O.W Less Than 5 Feet From Sidewalk K ' S V ' '4 f/►/ ii,/; , / '7/ //*/ / / /I / //r / 1 i Edge of Edge of Right of Limit of Street Sidewalk Way Signs Illustration 9-1:Location of a Free-Standing Sign,R.O.W At Least 5 Feet From Sidewalk f //7 /// (i " il /} / / l ) I l Edge of Edge of Right of Limit o Street Sidewalk Way Signs Illustration 9-3:Location of a Free-Standing Sign,No Sidewalk,R.O.W Less Than 11 Feet From Street d 7 < UU' 1 ///i Edge of Right of Limit of Street Way Signs Illustration 9-4:Location of a Free-Standing Sign,No Sidewalk,R.O.W bl-15 Feet From Street > \b1 # I 7li kr 6 7 7 \ Edge of Right of Limit of Street Way Signs Illustration 9-5:Location of a Free-Standing Sign,No Sidewalk,R.O.W At I past 15 Feet From Street 1 -I I ' P i / ; di( ii 7' 7 \ Edge of Right of Limit of Street Way Signs 0 • w*:0•11 south Charles E. Hefter, City Manager March 10, 2010 Chair and City Council South Burlington, VT Re: First reading of amendment of Ordinance to Regulate Peddling to address Farmers Markets; Scheduling of Public Hearing for same(suggest May 3, 2010) To All Members: Last year, Healthy Living had an trial season of a Farmers Market adjacent to their store on Dorset Street. The trial went very well and they hope to repeat and expand the experience in 2010. In order to comply with the current Peddlers License, it will be necessary to make several changes to the Ordinance to meet the unique needs of a farmers market. A draft of those Amendments are attached. If you approve of the first reading,please schedule a public hearing and a second reading. Because the April 19,2010 agenda will be devoted to the F-35A issue, and I am trying to keep that agenda clear for adequate time on that item, I suggest a public hearing on May 3, 2010. Sincerely, Chuck a er City Manager 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com 0 ' to/ southburlington Charles E. Hefter, City Manager March 10, 2010 Chair and City Council South Burlington, VT Re: First reading of amendment of Ordinance to Regulate Peddling to address Farmers Markets; Scheduling of Public Hearing for same(suggest May 3,2010) To All Members: Last year, Healthy Living had an trial season of a Farmers Market adjacent to their store on Dorset Street. The trial went very well and they hope to repeat and expand the experience in 2010. In order to comply with the current Peddlers License, it will be necessary to make several changes to the Ordinance to meet the unique needs of a farmers market. A draft of those Amendments are attached. If you approve of the first reading,please schedule a public hearing and a second reading. Because the April 19, 2010 agenda will be devoted to the F-35A issue, and I am trying to keep that agenda clear for adequate time on that item, I suggest a public hearing on May 3,2010. Sincerely, Chuck a er City Manager 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com southburlinp ton PLANNING & ZONING MEMORANDUM TO: South Burlington City Council & City Manager FROM: Paul Conner, Director of Planning & Zoning -- DATE: March 15, 2010 SUBJECT: Peddlers Ordinance Amendments to Permit Farmers Markets Last spring, the City was approached by a local business seeking to establish a monthly farmers market on private land in the city. At the time, it was determined that the best "fit" for this activity was under the city Peddlers Ordinance, which allows limited activities to take place over a short period of time. The market was successful. In preparation for an anticipated request for continuation of this Farmer's Market in 2010, the Planning Commission has developed a series of draft amendments to the Peddlers Ordinance. The enclosed draft reflects a unanimous recommendation for the Council to proceed with these amendments. The Commission considered amendments that more clearly define the permissible activity, since farmers markets are not specifically listed in the Ordinance. The current Ordinance also strictly limit the duration of any related peddling activity to three (3) months in a calendar year. The draft amendments include creating a new category of peddler, the Farmer's Market. Such an activity must have a sponsor, be limited to once weekly, and ensure that off-site parking on private land (without permission) does not take place. In addition, specific requirements concerning signage, seating, and the types of goods for sale are included. In making its recommendation, the Planning Commission considered various options and determined that the Peddlers Ordinance would be the best venue for this use. Activities in the Peddlers Ordinance are not subject to zoning. This brings with it greater flexibility for "temporary" uses, in terms of parking, and also allows the city to revoke the permit if a violation is discovered pursuant to the Ordinance. Two other amendments were proposed, to the Ordinance as a whole: first, it clarifies the current practice that the City Manager may delegate administration of the Ordinance, and second, it requires that the property owner of any fixed-location peddling activity sign the permit application. It is the recommendation of staff and the Planning Commission that the Council warn a public hearing and second read of the amended Peddlers Ordinance. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com DRAFT MARCH 15, 2010 ORDINANCE TO REGULATE PEDDLING The Council of the City of South Burlington hereby ordains: Section 1: GENERAL PROVISIONS A. Purposes To regulate the activities of peddling within the City of South Burlington for the protection of the public health, safety, welfare, and conven ence, to maintain safe and efficient pedestrian and automotive traffic movement, and to protect the residents of South Burlington from unscrupulous, fraud lent and immoral business practices. B. Authority • This ordinance is adopted pursuant to the authority conferred by 24..V S.A. §2291(9) and Section 103 of the City Charter C. Definitions Peddler—A person who travelstravels'byloot or utilizes a wagon, motorized vehicle, pushcart, or similar type of conveyance, alonggte streets, sidewalks and other public places within the City of�South Burlington,or who, on a temporary basis, hires, leases ortoccuptes a building (or portion thereof), structure, or land within the City of South Burlington, and-thereon or uuing fresh farm produce), or similar products, or who thereon'or therefrom, offers to purchase goods, wares merchandise, food or simila(products Peddler shall not include a delivery type of service (i e UPS, FedEx,food delivers s Traveling --:'Means moving along the City streets with a motor vehicle for the purpose of selling go ods ( a 4ice cream, vegetables, etc.) which does not includ- oor-to-door sates. rns Doo►-to-door— going by foot from one building to another building for the purposeof sellioods or services. Fixed — Means peddling from one (1) location for the duration of the peddlers license. Sponsor—Any individual or organization with which a peddler is economically affiliated, in relation to peddling, in an employer-employee, master- servant, independent contractor, agency, joint venture or similar arrangement. Includes a farmers market operator or manager. South Burlington Peddlers Ordinance Page 1 DRAFT MARCH 15, 2010 Temporary -Temporary shall mean a continuous period of use or occupancy of less than ninety (90) days. Farmers Market - an outdoor market open to the public, operated by one or more sponsors. All agricultural products including food, fiber, plants, or flowers shall be grown in Vermont. All prepared foods shall be prepared in Vermont by the vendor. All craft products shall be hand crafted in Vermont by the vendor. City Manager— Includes the City Manager and his/her designee. D. Exclusions 4 ` This ordinance shall not be construed as mpairing he rights conferred by 24 V.S.A. §2181. The license fee requirement impos y Section 2B below, fall not apply in respect to an individual or organization',p g qualifi, , for an excluslo4;set forth in Section 501 (c) of the U.S. Internal ReveC "> Section 2: LICENSING OF P DDL S A. License Required ,. 4,0 It shall be unlawful for y rest c ` nonresident to engage in peddling activities within the City without first ob a ing a license therefore pursuant to this section. B. A Iicatii& °'. Peddlers shall file''an applica on with the City Manager on a form provided by the • Man r, which application Ilulnclude a license fee of$ _ , and shall provi e the following information: (1) App r is nam pome and business addresses, and telephone number. Names of lice a employees (no more than two). (2) Name, address, and telephone number of applicant's employer or sponsor of applicant's peddling activities. (3) A description of the goods to be peddled, the manner and locale to be used in offering goods for sale, and in the case of fresh produce- whether such items are the produce of lands owned or rented by the applicant or his/her sponsor. South Burlington Peddlers Ordinance Page 2 DRAFT MARCH 15, 2010 (4) If a motorized vehicle or trailer is to be used, a description of same together with license number, registration number or other identification. (5) A photograph of the applicant and any employees taken within sixty (60) days of the date application is filed, which picture shall be 2 inches by 2 inches clearly depicting applicant's head and shoulders. (6) A statement of whether the applicant has been convicted of any crime or municipal ordinance violation, including a description of the offense and the penalty assessed therefore. (7) Identification of any liability insurance policies, with a statement of policy limits, available to cover any injury or damsresulting from the applicant's activities in the Cityof South Bu Pp gton.� (8) Signature of property owner(s) where a peddler operating in a fixed location or a farmers market is to be located. C. Application Review The City Manager shall preliminarily review each application for accuracy, completeness, and compliance with the3- of thi o •finance. The application shall then be referred to the South Burling on Mice D artment for investigation. The Manager shall either issue or deter apeddler's c, se within fourteen (14) days of his receipt thereof. Sad time pet' may be extended by the manager upon written notice toy the applicant if unusual circumstances so require. Denial of a license shall beaccompanied by a written statement of grounds for such denial. The applicant may appeal denial oflicense to the South Burlington City Council within seven (7) days of t City Manager's decision. D. Service f Process Prior to the issuance of a license pursuant to this ordinance, the applicant shall file with;the City Clerk an instrument nominating and appointing the City Clerk his true;pnd lawful..agent with full power and authority to acknowledge service of notice or process for and on behalf said applicant in respect to any matters connecteewith or arising out the business transacted under said license. The instrument filed''with the City Clerk shall also contain recitals to the effect that said applicant for said license consents and agrees that service of any notice or process may be made upon the City Clerk, and when so made shall be taken and held to be valid as if personally served upon the person or persons applying for the said license under this ordinance, according to the law of this or any other state, and waiving all claim or right of error by reason ofi such acknowledgement of service or manner of service. Immediately upon service of process upon the City Clerk, as hereinabove provided, the City Clerk shall send to the licensee at•, his last known address, by registered mail, a copy of said process. South Burlington Peddlers Ordinance Page 3 DRAFT MARCH 15, 2010 E. License Limitations Each license shall be effective for a one month period and may be renewed for two additional periods of one month each, during a calendar year. Each license shall authorize the conduct of peddling activities throughout the geographic limits of the City. No license issued pursuant to this ordinance shall be displayed or used by any individual other than the person to whom it is issued or employees specifically designated on said license. The licensee shall display his/her license at all times when conducting peddling activities. A license may be used by up to two employees of the applicant if said employees are listed on the applications and noted on the face of the license. A license shall only be effective for a single location at any give time. F. License Fees The City Council shall be authorizedtO set the license fee re iced by Section 2(B) of this ordinance as they, front" time to time,,deem appr. Mate. • G. Extended License for Traveling ®tiddler Notwithstanding Section 2E above ra li for apeddler that sells goods from a motor vehicle while traveling the City stree s and has no door-to-door sales may be effective for up to oneVyear frorph,,,Ipt016f Issuance. The motor vehicle under this license can only stand for short periods of time for the purpose of delivering the goods.-sold. H. Extended License forarmers Market NotwithstandingSecti :2E above, a license for a sponsor operating a farmers market may;be effective for up to five (5) months from the date of issuance. No farme4*narketiehall operate more frequently than one time per week. a 4 I 4/Seating Farmers Market • A farmer's mar s hall be permitted to include temporary seating for up to 16 individuals on the premises. Such seating shall be both installed and removed on the day of the farmer's market, unless approved as permanent seating under the city's Land Development Regulations. Section 3: PEDDLING REGULATIONS A. Breach of any provision of this ordinance shall be cause for license revocation and any other remedy set forth in Section 4 below. South Burlington Peddlers Ordinance Page 4 DRAFT MARCH 15, 2010 B. Traffic Interference Peddling activities shall not be conducted in such a manner as to obstruct or interfere with motor vehicle traffic on the traveled portion of any City road, nor shall a peddler conduct activity in a locale which is not clearly visible to oncoming traffic. Peddling activities shall not interfere with pedestrian movement, block sidewalks, or obstruct crosswalks. No peddler shall operate in a manner which obstructs official traffic signs. No peddling is permitted between the curbs (on the traveled portion) of the following roads: Williston Road, Dorset Street, Kennedy Drive, and Shelburne Road. C. Parking Interference Peddling activities shall not be conducted in such atmanner as to require or have the effect of requiring patrons to park on off-"site, privately- owned land without written consent from.said property owners DG. Noise 1 No peddler shall shout, cry out, or use any sound making device (including horns, bells, loudspeakers, sound amplifysystem om the City's streets, sidewalks, or other public property in a many ermwhichdisturbs the peace or uisa constitutes a public nnce � 1. • ED. Offensive Practices No peddler shall phys:'callcost, restrain or otherwise interfere with the free movement of.any indR� ua during the course of peddling activities, nor shall any peddler engage in' misleading, fraudulent or offensive business practices. �€. Signs Pe lers shall b limited to the use of only one sign promoting his/her activities wichcsign cannot be in excess of ten square feet in surface display area nor stand more„ . ;nfour feet above the ground level. For the purpose of this ordinance banners, pennants, flags and other similar items shall be considered signs. No sign shall be affixed to public or private property without obtaining prior approval therefore from the owner of said property. No sign shall be placed in such a manner as to obstruct or interfere with traffic. The use of signs with moving parts or illuminated signs that create the appearance of movement are prohibited. The use of string lighting is prohibited without the prior written approval of the City Manager. In the case of a Farmers Market, the sign may be erected no more than two (2) full days prior to the public operation of the Farmers Market and shall be removed at the close of the Farmers Market on each day it is in operation. South Burlington Peddlers Ordinance Page 5 DRAFT MARCH 15, 2010 G . Compliance with South Burlington Zoning Regulations This City Manager shall not issue a peddler's license for any peddling activity within the public streets, unless such activity has obtained approval as a temporary use under the South Burlington Zoning Land Development Regulations. Section 4: ENFORCEMENT A. Penalty Each violation of this ordinance shall be subject a $50.00 fine; each day a violation continues shall constitute a separate offen B. License Revocation 440 A peddler's license may be revoked or suspended by t e, City Manager without reimbursement of any fee for: �s. (1) Misrepresentations on an pplication; (2) South Burlington Police Depa me City Co-' cil determination that peddler's conduct demonstrates a lac of uita. a business or moral character; (3) ConvictioQ,of a federal state la violation or city ordinance; (4) Violation oft rovi of this ordinance or other City of South Burlington reg ati An Y, ocation or su :,ens�ion pursuant to this section may be appealed to the Cityuncil by filinga,noticeOeof with the secretary of the Council within ten (10) d -of such revocation or suspension. c. Enforcer, Any violation of t is ordinance may be enforceable by injunction or other action available at law. Section 5: APPLICABILITY AND SEVERABILITY A. Applicability This ordinance controls only those activities treated and does not supersede any state or federal law or consistent local regulation. B. Severability South Burlington Peddlers Ordinance Page 6 DRAFT MARCH 15, 2010 Any part or provision of this ordinance shall be considered severable and the invalidity of any part or section shall not be held to invalidate any other part or provision of this ordinance. Section 6: This ordinance shall take effect from passage. k South Burlington Peddlers Ordinance Page 7 Resolution of the City Council of South Burlington, Vermont Whereas,the City of South Burlington has been engaged in a search for a new City Manager to replace our current City Manager who is retiring; and, Whereas,the citizens of South Burlington have supported and continue to support those involved in governing the City by contributing time and effort when called upon to do so; and, Whereas,the City Council encouraged citizens, department heads,city employees, union members, and elected officials to participate in the search as members of various committees and in other roles; and, Whereas, a number of citizens, former city councilors,department heads,members of unions, city employees,and elected officials gave generously of their time and efforts to make the search process effective and efficient; and, Whereas,the City Council wishes to acknowledge the contributions of all those who participated in the City Manager search committee, Now Therefore, Be it Resolved: The City Council of the City of South Burlington offers our collective thanks and commends the substantial time and effort contributed by the members of the 17 person search committee;the 10 member screening committee; and the department heads, members of city unions, city employees and others who assisted the Council in the successful completion of the 2009-2010 city manager search. Resolution of the City Council of South Burlington, Vermont Whereas,the City of South Burlington has been engaged in a search for a new City Manager to replace our current City Manager who is retiring; and, Whereas,the citizens of South Burlington have supported and continue to support those involved in governing the City by contributing time and effort when called upon to do so; and, Whereas,the City Council encouraged citizens, department heads, city employees,union members, and elected officials to participate in the search as members of various committees and in other roles; and, Whereas, a number of citizens, former city councilors, department heads, members of unions, city employees, and elected officials gave generously of their time and efforts to make the search process effective and efficient; and, Whereas,the City Council wishes to acknowledge the contributions of all those who participated in the City Manager search committee, Now Therefore, Be Resolved: Q��ut 046144W4 The City C uncil of the City of South Burlington offers our collective thanks and commends he substantial time and effort contributed by the members of the 17 person search committee; the 10 member screening committee; and the department heads, members of city unions, city employees and others who assisted the Council in the successful completion of the 2009-2010 city manager search. In Page 1 of 3 Subject: grant info From: "Doug Brent" <dbrent@sburl.com> To: "Chuck Hafter" <chafter@sburl.com> Chuck—Here is the info on the grant we rec'd. Even though it is a regional grant it came through us as I was the author of the group. I worked with Craig Butkus, Executive Director of Essex Rescue, and Amy Akerline, Chief of Colchester Rescue. The local match will be achieved with$70,000 from the legislature and Essex Rescue has lined up the remaining amount. We also rec'd a$2,000 donation from the Lintilac Foundation who is a relative of Will Moran. I thought you might want to have this information to share with the council. A press release will be done at a later time. As you imagine people are/will be lining up to take credit. REGIONAL GRANT AWARD—South Burlington Fire Department,Colchester Rescue Squad and Essex Rescue Squad. FEMA FireAct Grant Summary Vermont is currently the only state without a statewide paramedic training program. The purpose of this regional grant award is to provide funds that will initially provide paramedic training to 15 students in the northwest region of Vermont, contribute to the development of Vermont's first statewide education program for paramedics, and provide the necessary equipment to operate as paramedics. This FEMA FireAct grant will provide training, equipment, and certification for EMS personnel currently employed by the South Burlington Fire Department, Essex Rescue Squad, and Colchester Rescue Squad. All three squads presently operate at the EMT-Intermediate level. Without this grant, it is doubtful that the grantees would have the funding available to cover the costs of sending personnel out of state to upgrade their skill levels while at the same time maintaining minimum staffing levels. Given current budget and economic constraints, without the FireAct grant it would take several years to certify enough personnel to provide 24 hour paramedic coverage for each squad. One of the major cost factors involved in training paramedics for Vermont EMS providers is the lack of an in state training program. Travel costs and the necessary time to travel to programs can be a major burden for Vermont EMS providers and students, especially those trying to hold down a fulltime job at the same time. A paramedic training program which meets the national training standards is a minimum of 1200 hours. Discussions are currently underway with the Vermont State College System and the University of Vermont to initiate a paramedic training program to be piloted by students from the grant recipient agencies. This training program would provide the curriculum necessary to institute and offer an on- going in-state paramedic training program well into the future. Another benefit of this program would allow currently certified paramedics statewide the ability to receive their bi-annual recertification here in Vermont without traveling out of state. There are 13 EMS districts in Vermont. All but three; Chittenden, Grand Isle, and Franklin have paramedics. Some of the districts have used paramedics for over 30 years. ""n,1/' I 1 n In Page 2 of 3 U.S.Department of Homeland Security Washington, D.C.20472 Mr. Douglas Brent South Burlington Fire Department 575 Dorset Street South Burlington, Vermont 05403-6347 Re: Grant No.EMW-2009-FR-00232 Dear Mr. Brent: On behalf of the Federal Emergency Management Agency (FEMA) and the Department of Homeland Security (DHS), I am pleased to inform you that your grant application submitted under the FY 2009 Assistance to Firefighters Grant has been approved. FEMA's Grant Programs Directorate (GPD), in consultation with the U.S. Fire Administration (USFA), carries out the Federal responsibilities of administering your grant. The approved project costs total to $629,205.00. The Federal share is 80 percent or$503,364.00 of the approved amount and your share of the costs is 20 percent or$125,841.00. As part of your award package, you will find Grant Agreement Articles. Please make sure you read and understand the Articles as they outline the terms and conditions of your grant award. Maintain a copy of these documents for your official file. You establish acceptance of the grant and Grant Agreement Articles when you request and receive any of the Federal grant funds awarded to you. By accepting the grant, you agree not to deviate from the approved scope of work without prior written approval from FEMA. If your SF 1199A has been reviewed and approved, you will be able to request payments online. Remember, you should request funds when you have an immediate cash need. If you have any questions or concerns regarding the awards process or how to request your grant funds, please call the helpdesk at 1-866-274-0960. Sincerely, Timothy W. Manning Deputy Administrator for National Preparedness and Protection Following are the budgeted estimates for each object classes of this grant(including Federal share plus grantee match): Personnel $324,900.00 Fringe Benefits $28,305.00 Travel $0.00 Equipment $148,500.00 Supplies $0.00 Contractual $127,500.00 Construction $0.00 Other $0.00 Indirect Charges $0.00 Total $629,205.00 The Personnel Line includes: Overtime for class time and backfill to fill-in for someone who is on duty to go to class. Fringe Benefits includes: FICA, Medicare etc. Equipment includes: Funds to be split 3 ways between SBFD, ERS, CRS Contractual includes: Tuition for class, books and supplies. Printed for Charles Hafter<chafter@asburl.com> 3/12/2010 In Page 3 of 3 Doug No virus found in this incoming message. Checked by AVG -www.avg.com Version: 9.0.790 /Virus Database: 271.1.1/2736 - Release Date: 03/11/10 02:33:00 Printed for Charles Hafter<chafter@sburl.com> 3/12/2010