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HomeMy WebLinkAboutAgenda - City Council - 04/05/2010 At • south Charles E. Hatter, City Manager AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall 575 Dorset Street SOUTH BURLINGTON, VERMONT REGULAR MEETING 7:00 P.M. Monday, April 5, 2010 1) Comments and Questions from the public(not related to the Agenda). 2) Announcements and City Manager's Report. * 3) Interview with Elizabeth Milizia for appointment to the Natural Resources Committee. * 4) Discussion of Council policy on procedures for appointments to City Boards; Councilor Dooley * 5) Discussion of process for April 19, 2010 meeting with Air Force officials. * 6) Consideration of first reading of additional Sign Ordinance Amendments; schedule for public hearing May 3, 2010(with other Sign Ordinance Amendments); Paul Conner, Director of Planning&Zoning * 7) Consideration of request for proposal for banking services; Donna Kinville, City Clerk * 8) Discussion of proposed Code of Ethics and Conflict of Interest policies for elected officials and appointed members of City Boards and Commissions * 9) Consideration of approval of Municipal Planning Grant application; Paul Conner, Director of Planning&Zoning * 10) Consideration of Award of Stormwater Engineering Contract for water quality projects to Dubois& King, Tom DiPietro, Stormwater Superintendent * 11) Consideration for a$348,000 Grant Anticipation Refunding Loan for Storm Water Mitigation Project. * 12) Appointment of Justin Rabidoux, DPW/City Engineer, and alternate authorization representative on State/EPA Grants for sewer projects(to replace Chuck Hafter). * 13) Consideration of Special Events Permits for: Magic Hat Brewery, May 22, 2010, 12-6pm., National Night Out, August 3, 2010, 5-10pm, Making Strides Against Breast Cancer, October 17, 2010, 11-3:30pm. * 14) Review of Development Review Board agenda for April 6,2010. * 15) Review and approve minutes from regular City Council meeting held on Feb. 16&March 1,2010 * 16) Consideration of Annual Entertainment Licenses for: Higher Ground, 1214 Williston Rd., Live Entertainment; Healthy Living, 212 Dorset Street, Live Entertainment every Sunday;Windjammer Restaurant, 1076 Williston Rd., Live Entertainment; Sheraton Burlington Hotel&Conference Ctr., 870 Williston Rd., Live Entertainment. * 17) Reconvene as Liquor Control Board to consider Liquor Licenses for Renewal: Airport Grocery, 1223 Airport Dr.; Applebee's, 155 Dorset St.; Bourne's Service Center, 760 Shelburne Rd.; Charlie's on Fire(Chicken Charles), 1160 Williston Rd.; Doubletree Hotel, 1117 Williston Rd.; Eagles, Fraternal Order of Aerie#793, 1233 Shelburne Rd.; Gracey's Liquor Store,26 Hinesburg Rd.; Gracey's Store, 1333 Williston Rd.; Green Mountain Suites,401 Dorset St.; Ground Round, 1633 Williston Rd.; Hannaford Food& Drug Superstore, Dorset Street; Hannaford 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com Food&Drug Superstore,218 Hannaford Dr.; Healthy Living,222 Dorset Street; Higher Ground, 1214 Williston Rd.; Independent Brewers United Corp(Magic Hat), 5 Bartlett Bay Rd.; Interstate Shell, 1055 Williston Rd.;Jiffy Mart, 110 Kennedy Dr.;Jolley# 146, 1110 Shelburne Rd.; Kinney Drugs#55, 1653 Williston Rd.; Klinger's Bread Company, 10 Farrell Street; Koto Restaurant, 792 Shelburne Rd.; M.T. Bellies, 340 Dorset Street; Maplefields at the Airport, 1801 Williston Rd.;The Mill Market& Deli, 1580 Dorset St.; Moe's Southwest Grill, 1150 Williston Rd.; Olive Garden Italian Restaurant, 1025 Shelburne Rd.; One Flight Up, Burlington Intl Airport.; Orchid Restaurant, 5 Market St.; Outback Steakhouse, 150 Dorset St.; Price Chopper#228,41 Hinesburg Rd.; Pulcinella's, 100 Dorset St.; Shaw's Beer&Wine, 570 Shelburne Rd.; Shelburne Rd Exxon, 793 Shelburne Rd.; Shelburne Road Variety, 1855 Shelburne Rd.; 2 for Sheraton Hotel.,870 Williston Rd.; Short Stop#104, 1830 Shelburne Rd.; Silver Palace, 1216 Williston Rd.; Spillane's Servicecenters,811 Williston Rd.; U Save Beverage, 1302 Williston Rd.; Van Phan Sports, 55 San Remo Dr.; Vermont Indoor Golf, 35 San Remo Dr.;Vermont Soup Company, 1636 Williston Rd.;Windjammer Restaurant, 1076 Williston Rd.;Zachary's Pizza, 1250 Williston Rd. 18) Sign disbursement orders. * 19) Consider entering executive session to discuss personnel issue,contract negotiations and appointments to Boards and Commissions 20) Adjourn Respectfully Submitted: Charle4U/ fter, City Manager APPOINTMENT OF ALTERNATE AUTHORIZED REPRESENTATIVE Project No.t.se�� C�sF -•ct'-`i7►3'16©1-- t� The C.V-1 �,,,,` � ok- co..l QJI a , as legislative body of the applicant, hereby authorizes q7.1s,�.,.,a eN) do•x to act as an alternate authorized representative of the applicant for the purpose of furnishing to the State of Vermont such information, data and documents pertaining to the above noted project as may be required and otherwise to act as the authorized representative of the applicant in connection with the project. Correspondence should be sent to the authorized representative at the following address: c 1(. 4 ,VT' . Phone Number Fax Number. A 1 G cl 0 vPy.,0 S aJ.r \. CQ�Pr� Email Address Done this day of , 20 BY: (Name of Municipality) (All or a majority of its legislative body) SuperK:\FED\wtrby\FINANCE\FORMS\Add an ALTERNATVE AUTHORIZED REPRESENTATIVE APPOINTMENT OF ALTERNATE AUTHORIZED REPRESENTATIVE Project No. Vil e p - F ---0(D1 The C. �,,e; \ , as legislative body of the applicant, hereby authorizes Z —.a '^.c.1ft: & .v to act as an alternate authorized representative of the applicant for the purpose of furnishing to the State of Vermont such information, data and documents pertaining to the above noted project as may be required and otherwise to act as the authorized representative of the applicant in connection with the project. Correspondence should be sent to the authorized representative at the following address: v,\,,, ,,L V i c Arb.3 62-—(�`B — LI ts02— ' ' Phone Number Fax Number 6(.1 (10)C o s��F . c Email Address Done this day of 20 BY: (Name of Municipality) (All or a majority of its legislative body) SuperK:\FED\wtrby\FINANCE\FORMS\Add an ALTERNATVE AUTHORIZED REPRESENTATIVE • APPOINTMENT OF ALTERNATE AUTHORIZED REPRESENTATIVE Project No. vc) A) - P-A -9 \ Oe`t The C1 ��� �,�\ o 5 ��,, , as legislative body of the applicant, hereby authorizes '_Gb:4oa-A to act as an alternate authorized representative of the applicant for the purpose of furnishing to the State of Vermont such information, data and documents pertaining to the above noted project as may be required and otherwise to act as the authorized representative of the applicant in connection with the project. Correspondence should be sent to the authorized representative at the following address: J o.i -61J- S��4\n `a:JA L \ o vc 8y 6 -``f I D 1 Phone Number Fax Number f c\b a�x f S OA• c Avv Email Address Done this day of , 20 BY: (Name of Municipality) (All or a majority of its legislative body) SuperK:\FED\wtrby\FINANCE\FORMS\Add an ALTERNATVE AUTHORIZED REPRESENTATIVE In Page 1 of 1 Subject: RE: From: "Justin Rabidoux" <jrabidoux@sburl.com> To: "Chuck Hafter" <chafter@sburl.com> Chuck, Here are the 3 relevant project#s: USEPA Special Grant#-XP-97139601-0 VT/EPA ARRA Clean Water Revolving Loan#-AR1-067 VT/EPA Non-ARRA Clean Water Revolving Loan#-RF1-084 From: Charles Rafter [mailto:chafter@sburl.com] Sent: Wednesday, March 24, 2010 8:26 AM To: Justin Rabidoux Subject: Re: It is all set, except that I need the project number. Chuck At 08:02 AM 3/24/2010,you wrote: Chuck, Am I correct in remembering that the switch from you to me for Sewer Project Authorized Rep.will occur at the April 5 Council meeting? Is the paperwork prepared all set? JUSTIN RABIDOUX DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 41* CITY OF SOUTH BURLINGTON 575 DoRSET STREET SOUTH BURLINGTON,VT 05403 (802) 658-7961 JRABIDOUX@SBURL.COM WWW.SBURL.COM No virus found in this incoming message. Checked by AVG-www.avg.com Version: 9.0.791 /Virus Database: 271.1.1/2765 -Release Date: 03/23/10 03:33:00 No virus found in this incoming message. Checked by AVG -www.avg.com Version: 9.0.791 /Virus Database: 271.1.1/2767 - Release Date: 03/24/10 03:33:00 Printed for Charles Hafter<chafter@sburl.com> 3/30/2010 Tom Dipietro, 01:04 PM 4/5/2010, FW: BBNorth: Draft contract attached 4/5/10 Page 1 of 2 Subject: FW: BBNorth: Draft contract attached 4/5/10 Date: Mon, 5 Apr 2010 13:04:21 -0400 X-MS-Has-Attach: yes X-MS-TN EF-Correlator: Thread-Topic: BBNorth: Draft contract attached 4/5/10 Thread-Index: AcrU4TPZYrX7MKYuSOuYkreOXbOTCAAAKoiQ From: "Tom Dipietro" <tdipietro@sburl.com> To: "Chuck Hafter" <chafter@sburl.com> Cc: "Justin Rabidoux" <jabidoux@sburl.com> X-Antivirus: AVG for E-mail 9.0.800 [271.1.1/2792] Chuck, Attached is the draft contract from D&K. It is for $220,800.00. I just received it but I will take a look at it this afternoon and let you know if I have any further comments. -Tom Thomas J. DiPietro Jr. Stormwater Superintendent South Burlington Stormwater Utility 575 Dorset Street South Burlington, VT 05403 Phone: (802) 658 - 7961 Fax: (802) 658 - 7976 email: tdipietro@sburl.com < www.sburlstormwater.com > Original Message From: Matthew T. Murawski Finailto:mmurawski cx.dubois-king.com] Sent: Monday, April 05, 2010 12:59 PM To: Tom Dipietro Subject: BBNorth: Draft contract attached 4/5/10 Tom, Attached is a draft contract package for Bartlett Brook North Stormwater. I'll give you a call to make sure you received it and discuss next steps. --Matt Matthew Murawski, P.E. DuBois & King, Inc. 28 North Main Street Randolph, VT 05060 (802) 728-3376 x1454 www.dubois-king.com Printed for Charles Hafter<chafter@asburl.com> 4/5/2010 Tom Dipietro, 01:04 PM 4/5/2010, FW: BBNorth: Draft contract attached 4/5/10 Page 2 of 2 1.1 Attachment information..txt BBNorth Contract Draft 20100405.pdf No virus found in this incoming message. Checked by AVG -www.avg.com Version: 9.0.800 /Virus Database: 271.1.1/2792 - Release Date: 04/05/10 02:32:00 Printed for Charles Halter<chafter@sburl.com> 4/5/2010 Y 4 + � *�4 4 l City of South Burlington /r/ t��Wit 575 DORSET STREET tWidfiAt�i1 *. SOUTH BURLINGTON, VERMONT 05403-6260 _�����a-.* ewe, OFFICE OF ��� -e CITY CLERK J�4<i ,.'0� DONNA S.KINVILLE fhE�A 70WM M'�p'A TEL.(802)846-4105 April 5, 2010 The following 2010 first class, second class and cabaret liquor licenses were presented to the South Burlington City Council on April 5, 2010. Business Name Airport Grocery Applebee's Bourne's Service Ctr Charlie's on Fire LLC Doubletree Hotel Burlington Eagles Fraternal Order Gracey's Liquor Store Gracey's Store Green Mountain Suites Hotel Ground Round Hannaford's (217 Dorset St) Hannaford's (218 Hannaford Dr) Healthy Living Higher Ground Independent Brewers (Magic Hat) Interstate Shell Jiffy Mart Jolley#146 Kinney Drugs #55 Klinger's Bread Co Koto Restaurant M.T. Bellies Deli Maplefields at the Airport Moe's Southwest Olive Garden One Flight Up Orchid Restaurant Outback Restaurant Price Chopper#228 Pulcinella's Shaw's Beer & Wine Shelburne Road Exxon Shelburne Road Variety Sheraton Vt Corp Short Stop #104 Silver Palace Spillane's Servicenter The Mill Market & Deli U Save Beverage Van Phan Sports Vermont Indoor Golf Vermont Soup Co Windjammer Zachary's Pizza APPROVED Approved by the Control Commissioners of the City of South Burlington Attest: City Clerk ___ __i_ - , Front Porch Fonun. PolitTT lilllilllf :: - s H , GredN.e:"7 4, ':.._ `g East • Hosting networks of online ` ` we.� ,` H''rn'-' Fnr 7 7 1 l r 1 yno +�,Eest Sergarson neighborhood forums that �� _ N eangnamw,. 1 fMNa. blanket a region. stilt , / --, \ r ,- .. ' f' �. ,.,�«so • Pilot covers Chit. and Grand c,eke-c' . `"( , !,,, m Isle Counties with 14o forums. • a .4 i I g,..\\ • i$ 000 households subscribe VFHA '". .,4►'' " including >40% of dozens of rrz !� 2 �_ 1T "" neighborhoods and towns. ,,_ _ / ����GGGG,,,tit j.m it - ® 28 ro Jtr • Winning national awards. 28 e • Expanding in 2010. -- a c , _,v 9 g5j 12 8 ,«ion Michael Wood-Lewis = t - ,fi "fr 802-540-0069 " °° ":R= FrontPorchForum.comil Caner M R.a e Number of subscribing households shown in balloons. Front Porch Forum I a . ,,,,,,,..... . 4 Clearly identified nearby neighbors Resulting in... post about... • Break-ins • Direct results (neighborhood • Borrowing a ladder watch formed, ladder • School budget borrowed, dog found, etc.) • Recommending a plumber • Neighbors connecting and • Finding a lost dog getting to know one another • Organizing a block party • More community involvement • Speeding (93% of pilot survey • Fundraisers and events respondents report increased • Selling/giving away a couch civic engagement) • and lots more... Memorandum April2, 2010 Executive Session To: Chair and City Council J From: Chuck Halter, City Manager CA? Re: Consider entering into executive session to discuss personnel issues, contract negotiations and appointments to Boards and Commissions To All Members: Please be prepared to discuss: • Appointment to Boards and Commissions: You are interviewing a candidate to a vacancy on the Natural Resources Committee. • City Manager position between May 1, 2010 and July 1, 2010 • How to proceed with negotiation items needing attention after May 1: Labor Negotiations with Police Union Airport Tax Stabilization agreement for 2010-2011 • MICKENBERG, DUNN, LACHS, HAZEL & SMITH , PLC ATTORNEYS AT LAW 29 PINE STREET P. O. BOX 406 BURLINGTON, VERMONT 05402-0406 MOLLIE E. HAZEL TEL (802) 658-6951 JAMES J. DUNN, OF COUNSEL AILEEN L. LACHS FAX (802) 660-0503 20 KIMBALL AVENUE, SUITE 108 NEIL H. MICKENBERG WEBSITE:www.mickdunn.com SO. BURLINGTON,VT 05403 O.WHITMAN SMITH E-MAIL: law@mickdunn.com TEL (802) 652-0085 BRIAN K.VALENTINE FAX (802) 862-0553 DAVID MICKENBERG EMAIL:jim@mickdunn.com February 26, 2010 Chuck Rafter So. Burlington City Manager Sc. Burlington City Hall 57; Dorset Street So. Burlington, VT 05403 Re: City/ Police Negotiations Dear Chuck: Pursuant to Article 23.Section 2 of the City's Agreement with the South Burlington Police Officers'Association. (SBPOA), i am providing the City with notice of the SBPOA's desire to negotiate changes to the Agreement for the fiscal year commencing July 1,201 i will be in touch with you to set up a time for an initial meeting to begin negotiations. Si er ly a ,. ` nn 1 cc: Ron Bliss, Pres. ; SBPOA Ii t ,-' ;,rt .. 'L a ; r p£ o $ �� i ?c • q;-i, a 'ti `t Js 42ai. lD i ' "t rt - ... . ..� 'r:r(. ) t ,. r r s. . ) t \1 5 : ,(' '- Er 4,� '�CF!C6 —iS:ff'ii,il.l0 n - x f . 1:.6.i.j., t{ �3 •1r)it n ) a:;) , ). , 0 s•_ r r South Burlington Stormwater Utili�y e mo To: South Burlington City Council From:Tom DiPietro CC: Chuck Hafter, Justin Rabidoux Date: April 2, 2010 Re: Award of Engineering Contract for Stormwater Engineering Work In January 2008, the South Burlington Stormwater Utility applied for assistance from the U.S. Army Corp of Engineers (ACOE) under section 542 of the Water Resources Development Act to implement critical restoration projects in the Bartlett and Potash Brook watersheds. Five (5) distinct project areas were included in this request. ACOE agreed to provide assistance for the proposed stormwater work later in 2008, but the projects were broken out into two separate groups. The first group of projects was given the project name "Bartlett Brook North" (BBN) and includes engineering and construction of stormwater improvement projects in the Stonehedge and Laurel Hill neighborhoods. The second group of projects was give the project name "Bartlett Brook South" (BBS) and includes the engineering of stormwater improvements in the Pinnacle at Spear neighborhood, along Bartlett Bay Road, and in the neighborhood accessed from Pheasant Way off of Spear Street. We will be coming back at a later date to discuss the BBS projects. The City worked with ACOE to prepare a project management plan for the BBN projects. This agreement describes the scope of the project and the roles and responsibilities for the City and ACOE. This document is currently at ACOE headquarters under review. In order to ensure that these projects could begin work this year and be ready for construction in Spring 2011, the City prepared a qualification based Request For Proposals (RFP) for engineering services. This RFP was advertised in the Burlington Free Press and on the City's web site in January and February of 2010. In response to the RFP, the City received six (6) proposals. These proposals were reviewed and ranked by a selection team consisting of City staff from the department of public works and the department of planning and zoning. After reviewing submittals, the selection team interviewed two of the firms before determining that Dubois & King was the most qualified firm to complete this work. This determination is based in part because of Dubois & King's extensive experience working with ACOE on similar water quality projects. 1 We are requesting City Council's permission to authorize the City Manager to negotiate a final contract and cost with Dubois & King for completion of engineering work associated with the BBN stormwater improvement project. The preliminary total project cost estimate for the BBN project is $1,518,000. Based on current estimates, the Federal share of the project will be $986,700 (65%). The City's share of project costs will be approximately $531,300 (35%). This amount will be reached using in-kind match of City staff labor, and cash contributions provided by the Stormwater Utility and residents. Once the contract is finalized, the stormwater utility will immediately begin working with Dubois & King to prepare the necessary grant paperwork and environmental permitting work necessary to begin project engineering. We anticipate having plans sufficiently developed by late Summer 2010 so that we can meet with the affected property owners to solicit input on the project design. • Page 2 AU. 41 erri south PLANNING & ZONING MEMORANDUM TO: South Burlington City Council & City Manager FROM: Paul Conner, Director of Planning & Zoning Pc DATE: April 5, 2010 SUBJECT: Consideration of Municipal Planning Grant Application Good news! (mostly). The Department of Housing and Community Affairs will again be offering its annual Municipal Planning Grants, a little later than usual. After some efforts by local communities such as ourselves, we were able to convince the Department not to completely cut out the program this year. It is reduced (about l of past years), and as a result they have limited the scope of the work that can be done. The focus is on the update of municipal plans and land development regulations. The Planning Commission has reviewed these criteria and has recommended approval of an application to update how our Land Development Regulations address conservation/protection of natural resources. This is something that we've done a fair amount of work on, but none in the post JAM Golf era. There is a lot of room for improvement in the defensibility of our standards, and their applicability throughout the City. The Planning Commission believes that this project is not only important and relevant, but would have a high likelihood of being funded because of the statewide interest in addressing these issues in the light of JAM Golf. We will be seeking approximately $7,000 in this application (subject to fluctuation based upon estimates will be obtain prior to submittal). There is no local match required for this grant. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com 604111111 southburlincrton Charles E. Halter, City Manager April 2, 2010 Chair and City Council South Burlington,VT 05403 Re: Discussion of process for April 19,2010 meeting with Air Force officials To All Members: On April 19, 2010,the City Council will host a visit from Ms. Sheryl Parker from Langley Air Force Base in Virginia. Ms. Parker is the coordinator of the Air Force Environmental Impact Statement(EIS)process which is occurring to judge the suitability of the Burlington International Airport and VTANG to host the F-35 fighter jets. It is expected that there will be much public interest in the meeting, as there has been in similar meetings around the nation. We have scheduled this meeting for 7:00 pm. on April 19, 2010 in the Tuttle Middle School cafeteria to have room for attendees. I have invited Lt. Col Chris Caputo 158th OSF Commander of the "Green Mountain Boys"to attend tonight's meeting to discuss what the military expects to present on April 19, 2010. In the past, with other potentially controversial issues,the City Council has used processes that ensure that the meetings are productive as possible and all attendees have an equal chance to be heard. South Burlington residents have almost always been polite and welcoming to guests, but a few simple rules have been used to guarantee equal access and a civil discussion. (Unlike previous issues, we may have a large attendance of non- South Burlington residents as the issue has taken on regional significance.) Among the practices Council has used in the past, are: • Permit the guests to finish their presentations uninterrupted. • Take questions from City Council following the presentation. • Utilize a speaker's sign-up list for individuals who wish to comment or ask questions following Council questions. This also helps with the minutes. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com • Speaker's time limited depending on the number of intended speakers. Suggest three minutes. Council Chair or City Manager can keep time. Speaker notified via a sign when 1 minute and when 30 seconds remain. • Speakers required to come forward to a speaker's table set up front. • All comments are addressed through the Council Chair and to the Council or guest. • There are several issues revolving around the Airport. It will help to keep this discussion focused on the F-35 EIS. We will work with the school system to be sure that there is an adequate public address system set-up. Please discuss these ideas and add or subtract others. Sincerely, Charles Hafter City Manager Code of Ethics for Elected and Appointed Officials City of South Burlington, Vermont POLICY PURPOSE The South Burlington City Council has adopted a Code of Ethics for members of the City Council and the City's boards and commissions to assure public confidence in the integrity of local government and its effective and fair operation. POLICY STATEMENT Preamble The citizens and businesses of South Burlington are entitled to have fair, ethical and accountable local government which has earned the public's full confidence for integrity. In keeping with the City of South Burlington's best public interests, the effective functioning of democratic government therefore requires that: • public officials,both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government; • public officials be independent, impartial and fair in their judgment and actions; • public office be used for the public good, not for personal gain; and • public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility. To this end, the South Burlington City Council has adopted a Code of Ethics for members of the City Council and of the City's boards and commissions to assure public confidence in the integrity of local government and its effective and fair operation. 1. Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, members will work for the common good of the people of South Burlington and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before the City Council,boards and commissions. 2. Comply with the Law. Members shall comply with the laws of the nation,the State of Vermont and the City of South Burlington in the performance of their public duties. These laws include, but are not limited to: the United States and Vermont constitutions;the South Burlington City Charter; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government; and City ordinances and policies. 3. Conduct of Members. The professional and personal conduct of members must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of Council, boards and commissions, the staff or public. 4. Respect for Process. Members shall perform their duties in accordance with the processes and rules of order established by the City Council and board and commissions governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the City Council by City staff. 5. Conduct of Public Meetings. Members shall prepare themselves for public issues; listen courteously and attentively to all public discussions before the body; and focus on the business at hand. They shall refrain from interrupting other speakers; making personal comments not germane to the business of the body; or otherwise interfering with the orderly conduct of meetings. 6. Decisions Based on Merit. Members shall base their decisions on the merits and substance of the matter at hand,rather than on unrelated considerations. 7. Communication. Members shall publicly share substantive information that is relevant to a matter under consideration by the Council or boards and commissions, which they may have received from sources outside of the public decision-making process. 8. Conflict of Interest. In order to assure their independence and impartiality on behalf of the common good, members shall not use their official positions to influence government decisions in which they have a material financial interest or where they have an organizational responsibility or personal relationship which may give the appearance of a conflict of interest. In accordance with the law, members shall disclose investments, interests in real property, sources of income, and gifts; and they shall abstain from participating in deliberations and decision-making where conflicts may exist. 9. Gifts and Favors. Members shall not take any special advantage of services or opportunities for personal gain, by virtue of their public offices that are not available to the public in general. They shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised. 10. Confidential Information. Members shall respect the confidentiality of information concerning the property, personnel or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests. 11. Use of Public Resources. Members shall not use public resources not available to the public in general, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes. 12. Representation of Private Interests. In keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests of third parties before the Council or any board, commission or proceeding of the City, nor shall members of boards and commissions appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies. 13. Advocacy. Members shall represent the official policies or positions of the City Council, board or commission to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions an$ positions, members shall explicitly state they do not represent their body or the City of South Burlington, nor will they allow the inference that they so do. 14. Policy Role of Members. Members shall respect and adhere to the council-manager structure of South Burlington city government as outlined by the City Charter. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by the public, boards and commissions, and City staff. Except as provided by the City Charter, members therefore shall not interfere with the administrative functions of the City or the professional duties of City staff; nor shall they impair the ability of staff to implement Council policy decisions. 15. Independence of Boards and Commissions. Because of the value of the independent advice of boards and commissions to the public decision-making process, members of Council shall refrain from using their position to unduly influence the deliberations or outcomes of board and commission proceedings. 16. Positive Work Place Environment. Members shall support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing with the City. Members shall recognize their special role in dealings with City employees to in no way create the perception of inappropriate direction to staff. 17. Implementation. As an expression of the standards of conduct for members expected by the City, the South Burlington Code of Ethics is intended to be self-enforcing. It therefore becomes most effective when members are thoroughly familiar with it and embrace its provisions. For this reason, ethical standards shall be included in the regular orientations for new members of the City Council, applicants to board and commissions, and newly elected and appointed officials. Members entering office shall sign a statement affirming they read and understood the City of South Burlington code of ethics. In addition, the Code of Ethics shall be annually reviewed by the City Council and the City Council shall consider recommendations from boards and commissions and update it as necessary. 18. Compliance and Enforcement. The South Burlington Code of Ethics expresses standards of ethical conduct expected for members of the South Burlington City Council, boards and commissions. Members themselves have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. The chairs of boards and commissions and the Council Chair have the additional responsibility to intervene when actions of members that appear to be in violation of the Code of Ethics are brought to their attention. The City Council may impose sanctions on members whose conduct does not comply with the City's ethical standards, such as reprimand, formal censure, or loss of nominated leadership position. A violation of this code of ethics shall not be considered a basis for challenging the validity of a Council, board or commission decision. For ease of reference in the Code of Ethics,the term"member"refers to any member of the South Burlington City Council or any of the City's boards and commissions established by the City Charter, City ordinance or Council policy. CONFLICT OF INTEREST POLICY City of South Burlington Article 1.Authority.Under the authority granted in 24 V.S.A.§ 2291(20),the City Council of South Burlington hereby adopts the following policy concerning conflict of interest Article 2. Purpose. The purpose of this policy is to ensure that the business of South Burlington will be conducted in such a way that no public official of the municipality will gain a personal or financial advantage from his or her work for the municipality and so that the public trust in municipal officials will be preserved. It is also the intent of this policy to insure that all decisions made by municipal officials are based on the best interest of the community at large. Article 3. Definitions. For the purposes of this policy,the following definitions shall apply: .A. Conflict of interest means any of the following: 1. A direct or indirect personal interest of a public officer,his or her spouse, household member, child, stepchild, parent, grandparent, grandchild, sibling, aunt or uncle,brother or sister in law, business associate, employer or employee, in the outcome of a cause, proceeding, application or any other matter pending before the officer or before the public body in which he or she holds office or is employed; 2. A direct or indirect financial interest of a public officer, his or her spouse,household member, child, stepchild, parent, grandparent, grandchild, sibling, aunt or uncle, brother or sister in law, business associate, employer or employee, in the outcome of a cause, proceeding, application or any other matter pending before the officer or before the public body in which he or she holds office or is employed; . 3. A situation where a public officer has publicly displayed a prejudgment of the merits of a particular quasi-judicial proceeding before the board. This shall not apply to a member's particular political views or general opinion on a given issue; and 4. A situation where a public officer has not disclosed ex parte communications with a party in a proceeding before the board. B. Emergency means an imminent threat or peril to the pubic health, safety or welfare. C. Official act or action means any legislative, administrative or judicial act performed by any elected or appointed officer or employee while acting on behalf of the municipality. D. Public body means any board, council, commission or committee of the municipality. E. Public interest means an interest of the community as a whole, conferred generally upon all residents of the municipality. F. Public officer or public official means a person elected or appointed to perform executive, administrative, legislative ore quasi-judicial functions for the municipality. G.. Quasi-judicial proceeding means a case in which the legal rights of one or more persons who are granted party status are adjudicated,which is conducted in such a way that all parties have opportunities to present evidence and to cross-examine witnesses presented by other parties,which results in a written decision,the result of which is appealable by a party to a higher authority.0 .ram Article 4. Disqualification. A. A public office shall not participate in any official action if he or she has a conflict of interest in the matter under consideration. B. A public officer shall not personally, or through any member of his or her household, business associate, employer or employee, represent, appear for, or negotiate in a private capacity on behalf of any person or organization in a cause,proceeding, application or other matter pending before the public body in which the officer holds office or is employed. C. In the case of a public officer who is an appointee,the public body which appointed that public officer shall have the authority to order that officer to recuse him or herself from. the matter. D. Public officers shall not accept gifts or other offerings for personal gain by virtue of their public office that are not available to the public in general. E. Public officers shall not use resources not available to the general public, including but not limited to town staff time, equipment, supplies,a facilities for private gain or personal [-- purposes. Article 5. Disclosure. A public officer who has reason to believe that he or she has or may have a conflict of interest but believes that he or she is able to act fairly, objectively and in the public interest in spite of the conflict of interest shall prior to participating in any official action on the matter disclose to the public body at a public hearing the matter under consideration,the nature of the potential conflict of interest and why he or she believes that he or she is able to act in the matter fairly, objectively and in the public interest. Nevertheless,the person or public body which appointed that public officer retains the authority to order that officer to recuse him or herself from the matter, subject to applicable law. Article 6. Recusal. A. A public officer shall recuse him or herself from any matter in which he or she has a conflict of interest,pursuant to the following: 1. Any person may request that a member recuse him or herself due to a conflict of interest. Such request shall not constitute a requirement that the member recuse him or herself; 2. A public officer who has recused him or herself from a proceeding shall not sit with the board, deliberate with the board, or participate in that proceeding as a board member in any capacity; 3. If a previously unknown conflict is discovered,the board may take evidence pertaining to the conflict and, if appropriate, adjourn to a short deliberative session to address the conflict; and 4. The board may adjourn the proceedings to a time certain if, after a recusal, it may not be possible to take action through the concurrence of a majority of the board. The board may then resume the proceeding with sufficient members present. In the case of a public officer who is an appointee, the public body which appointed that public officer shall have the authority to order that officer to recuse him or herself from the matter, subject to applicable law. Article 7. Enforcement; Progressive Consequences for Failure to Follow the Conflict of Interest Procedures. In cases where the conflict of interest procedures in Articles 5 and 6 have not been followed,the City Council may take progressive action to discipline an offending public officer. In the discipline of a public officer, the board shall follow these steps in order: A. The chair shall meet informally, in private,with the public officer to discuss possible conflict of interest violation. B. The board may meet to discuss the conduct of the public officer. Executive session may be used for such discussion, in accordance with 1 V.S.A. § 313(4). The public officer may request that this meeting occur in public. If appropriate,the board may admonish the offending public officer in private. C. If the board decides that further action is warranted,the board may admonish the offending public officer at an open meeting and reflect this action in the minutes of the meeting. The public officer shall be given the opportunity to respond to the admonishment. D. Upon majority vote,the board may request that the offending public officer resign from the board. Article 8. Exception. The recusal provisions of Article 6 shall not apply if the legislative body of the municipality determines that an emergency exists- and that actions of the public body G herwise could not take place. In such cases, a public officer who has reason to believe he or she has a conflict of interest shall disclose such conflict as provided. in Article 5. Article 9.Effective Date. This policy shall become- effective immediately upon its adoption by the City Council. Page 1 of 1 Subject: draft code of ethics and conflict of interest policy From: "Sandy Dooley" <sdooley@sburl.com> To: "Charles Hafter" <chafter@sburl.com> Cc: "Mark Boucher" <mboucher@sburl.com>, ...snip... "Meaghan Emery" <memery@sburl.com> Hello Chuck, Thanks for your work in researching and offering a draft code of ethics and conflict of interest policy for the Council's consideration. I have reviewed both and would appreciate having someone provide information relative to some questions that occurred to me upon reading the drafts. 1. What is a personal interest (emphasis added) of a public officer? This concept is referenced on the 1st page of the draft Conflict of Interest policy in Article 3, Definitions, A. Conflict of Interest, item 1. I have always thought of conflicts of interest arising from situations in which the individual may receive some material (i.e. financial) gain depending on the outcome in the matter. However, this draft policy presents the personal interest concept separate and apart from a conflict arising from a financial interest. It would be most helpful to me if someone were to provide me with examples of personal interest that do not involve financial interest and that would be the basis for a conflict of interest. 2. The draft Code of Ethics states the following with reference to Conflict of Interest: "In order to assure their independence and impartiality on behalf of the common good, members shall not use their official positions to influence government decisions in which they have a material financial interest or where they have an organizational responsibility or personal relationship which may give the appearance of a conflict of interest." "Organizational responsibility" or "personal relationship" are more specific than "personal interest." Are these the situations that "personal interest" is intended to encompass? Again, examples would help. For example, if I were on the board of a non-profit organization (for example, the American Cancer Society, VT Chapter) that is seeking a permit for an event, would that be an organizational responsibilty that would create a conflict? With regard to "personal relationship", would it be a conflict of interest if my next door neighbor were applying to be on the Planning Commission? Thanks again for your work on this subject. Sandy No virus found in this incoming message. Checked by AVG - www.avg.com Version: 9.0.800 /Virus Database: 271.1.1/2792 - Release Date: 04/05/10 02:32:00 Printed for Charles Hafter <chafter@sburl.com> 4/5/2010 AO 4111, 6•M south Charles E. Hatter, City Manager April 1,2010 Chair and City Council South Burlington, VT 05403 Re: Discussion of proposed Code of Ethics and Conflict of Interest policies for elected officials and appointed members of City Boards and Commissions To All: I have been asked by Council to prepare a sample policy of a Code of Ethics for elected officials and appointed members of city boards and commissions. In researching the available codes for a model to adapt, I noticed that very often a Conflict of Interest policy is used to further address this issue as a complimentary measure to the COE. Drawing on a Code of Ethics from Sunnyvale, California(which in turn is based on a California state model)and a Conflict of Interest from a Vermont model, I am presenting these for discussion tonight. While there is no hurry to adopt these, I wanted to get them to you for discussion before I retire. To be clear, these policies do not address any specific issue currently before the City. I am unaware of any present or past problems with Conflict of Interest that has not been disclosed nor has any potentially effected individual acted in an unethical manner. I suggest that following Council discussion, if Council agrees to a final format,the policies be sent on to the various boards for their comments prior to final adoption. Sincerely, 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com �yO0tH euaii„cro,�,„ ,,a O ti �1 City of South Burlington � tli �rll AI 575 DORSET STREET �=�t �1A�'!1 `�'� SOUTH BURLINGTON, VERMONT 05403-6260 _'`.'�'.%Ai OFFICE OF "ar�� _o•" CITY CLERK 'ei,�,s DONNA S.KINVILLE JhFD rowM M'��� TEL.(802)846-4105 Date: March 29, 2010 To: S. Burlington City Council / From: Donna Kinville, City Treasurer Re: Banking RFQ It has already been 5 years since the City of South Burlington went out for bidding on our banking services. As a result of that bid,the city eliminated its banking fees and obtained collateralization for all its funds at no expense to the City. The bank that was awarded the contract was Citizens Bank. At the time of that RFQ, I promised the council that every 5 years I would issue a RFQ so that we can make sure that the City of South Burlington will receive the best banking services and latest technology in banking services. Knowing that several of the bids would be close in fees and services, I asked Denis Gravelin, Janice Ladd, Kathy Pratt(water dept),John Stewart and Sue Spear from the school district to serve on this committee that would recommend to the council which bank we believe to be the best for the city. A RFQ was sent out to 7 banks: Chittenden Bank, Citizens Bank, EBT Bank, Key Bank, Merchants Bank,Northfield Savings Bank, TD Bank. The RFQ's bid opening occurred on Friday, February 26th at 1:00. After a first review of the quotes, we were able to eliminate four of the banks due to the cost of banking services proposed. The following 3 banks were called back for a chance to answer questions by the committee regarding their bid: Chittenden, Citizens and Merchants. After the meeting, the committee decided to rank Citizens Bank third. The remaining 2 banks, Chittenden and Merchants, were very close in their bids which contained either no fees but a small compensating balance which would not receive interest or they would charge fees but 100% of the money would receive interest. They also both offered a 1.25% guaranteed interest rates for 1 year and security of its on-line banking is comparable. The committee had a very difficult time deciding which of the 2 banks they preferred and everyone would be happy having either one being the bank of choice. However I know that the council is expecting a recommendation from this committee. Therefore I am going to break down the differences between these 2 banks to assist you, and to help clarify for myself, as to which bank is the best for the City of South Burlington. Chittenden Merchants • Uses a fee approach which will * using a compensating balance of increase expenses as activity increases. $50,000 per entity, therefore less interest is earned. (Guaranteed for 3 years) Chittenden Merchants • Estimated cost of fees are if we maintain * The interest rate of 1.25% for 1 same services we currently receive: year would result in a decrease in City = $1,310 interest income while maintaining School =$1,500 the same services: Water =$1,100 City = $625 School =$625 Water =$625 • Bank owned securities held by *Re-letter of credit and repurchase a third party for collateralization agreements held by a third party of funds. for collateralization of funds. • Subsidiary of Peoples Trust. * AVermont Bank headquartered in South Burlington. • Moody's rating of C+ for financial * Veribanc rating of Green*** strength for Peoples Trust. Moody's did not give an outlook rating for Chittenden. • Good customer service. Always *Great customer service, they easy to reach on the phone. constantly review current offerings to obtain the best interest rates and new services. After much consideration, I feel that Merchants Bank makes the best choice for the city. As we continue to grow our banking needs we will not see an increase in fees while we are still able to maintain our current services and at the same time supporting a Vermont Bank. RFQ Comparison for 2010 rChittenden1 offered cost Compensating balance required yes no no If yes, amount required$ If yes, reviewed every month,quarter,semi annually, or annually Collateriazation of all funds yes bank owned securities such as US Treasuries,short term municipal notes secured by a 3rd party Concentration/sweep account Interest available on all funds regardless of account? yes current interest rate guranteed for 1.25% one year Deposits charge for deposits(per deposit or per check) no charge for deposit tickets no accept foreign currency including coins no coin charge for returned deposit items no branch proessing cut off times end of day Electronic bank deposits (scanning of checks electronically sent to bank) yes $50 mth Monthly statements/copies of checks paper statement sent monthly yes checks listed serately on stmt or one total per day separately copies of checks CD other copies/cd/electronic On-line Banking Treasurer needs access to one screen showing all accounts yes -school and water would have limited access and$limitations - yes ACH payroll taxes and deductions-see payroll section yes property tax payments(I iniate the direct debit pymts) yes cut-off times for processing that day ??? One page showing all current account balances yes Wires 4:00 cut-off 0 Reports run reports by check ranges,date ranges,etc yes #of months of history maintained on-line 3 months view monthly statements yes When do transactions show on Internet? same day next day same day _ Internal transfers yes Stop a ments yes Images of checks _ yes Security of sysem uses token IP address must match Debit blocker for checks written by city $25.00 mth compares checks written by the city to the check presented yes .05 item and$2 fee for tho: Payroll ACH of payroll taxes or other deductions yes Direct deposit of employee checks(using NEMRC software) yes Credit cards ability to accept deposits by credit card processing company yes Credit cards for employes and board members yes annual fee 0 view current month statement on-line yes current interest rate 8.24% Type of card-Mastercard_ Visa_ Other_ Mastercard Check Reconciliation Services-currently not using but hope to implement download of redeemed checks yes CD Rom yes _ Download using ASCII or delimited format yes customer service Account manager OR support team Both-LOCAL • Other services available that were not included above: health savings account TBD payroll services TBD lock box TBD interest allocation program free NET YEARLY COST TO CITY/SCHOOL/WATER If use elec chk dep&debit block elec ckg deposit$50 mth $600 Prop Tax debit $60 debit blocker$25 mth $300 .05 X 6000 cks $300 $2.00 fee $50 city $1,310 school $1,500 water $1,100 If no elec check dep city $710 school $900 water $500 if no debit block or elec check deposit city $60 school $0 water $0 Current interest rates: Assuming a$4,000,000 balance for 2 years what are the current interest rates on the following accounts: money market 1.25% investment account 1.25% CDs 2 yr 1.25% other accounts S B Bank hours Verianc or rating report Moody's-Peoples Trust financial strength C+ outlook Stable issuer rating A3 Moody's-Chittenden outlook no outlook Bkd Subordinate Baal References Colchester Essex Georgia Springfield Employee benefits free checking online banking free debit card free 1st order of cks on line bill pymt(10 mth free then.50 each) RFQ Comparison for 2010 Citizens offered Cost Compensating balance required yes no no If yes,amount required$ If yes, reviewed every month, quarter, semi annually, or annually Collateriazation of all funds yes 102% using U.S. Govt&Agency securities held at the Bank of New York thru a 3rd party Concentration/sweep account Interest available on all funds regardless of account? yes current interest rate 0.18% Deposits charge for deposits(per deposit or per check) 0 charge for deposit tickets at cost accept foreign currency including coins no charge for returned deposit items no branch proessing cut off times 5:00 Electronic bank deposits(scanning of checks electronically sent to bank) yes 0 Monthly statements/copies of checks paper statement sent monthly _ _ _ _ _ yes 0 checks listed serately on stmt or one total per day both 0 copies of checks CD other_ copies/cd 0 On-line Banking Treasurer needs access to one screen showing all accounts _ yes -school and water would have limited access and$limitations yes _ ACH payroll taxes and deductions-see payroll section yes property tax payments(I iniate the direct debit pymts) yes cut-off times for processing that day yes One page showing all current account balances yes Wires yes Reports run reports by check ranges,date ranges,etc yes #of months of history maintained on-line 18 mths view monthly statements yes When do transactions show on Internet? same day next day same day Internal transfers yes Stop payments yes Images of checks yes Security of sysem uses tokens personal image&phrase auto lock out after 3 attempts Debit blocker for checks written by city compares checks written by the city to the check presented yes 0 Payroll ACH of payroll taxes or other deductions yes 0 Direct deposit of employee checks(using NEMRC software) yes 0 Credit cards ability to accept deposits by credit card processing company yes 0 Credit cards for employes and board members annual fee _ 0 view current month statement on-line yes current interest-rate 11.99% Type of card-Mastercard_ Visa_ Other_ Mastercard Check Reconciliation Services-currently not using but hope to implement download of redeemed checks CD Rom yes 0 Download using ASCII or delimited format yes 0 customer service Account manager OR support team Not local-management team - Other services available that were not included above: health savings acct RBS Wordl Pay lockbox NET YEARLY COST TO CITY/SCHOOL/WATER $0 but loss of interest because of rate 1.25% interest vs.18%if$1,000,000 was left to cover checks(aggressively investing the rest) 1.25% $12,500 0.18% $1,800 cost to the city $10,700 Current interest rates: Assuming a$4,000,000 balance for 2 years what are the current interest rates on the following accounts: money market investment account CD's other accounts S B Bank Shelburne Rd hours 9-5 Verianc or rating report Yellow** References not included Employee benefits Free green ckg online banking free circlle design cks bonus rates on CD RFQ Comparison for 2010 offered cost Compensating balance required yes_ no yes If yes,amount required$ $50,000 for each entity If yes, reviewed every month, quarter, semi annually, or annually guaranteed for 3 yrs Collateriazation of all funds sweep-repurchase agreements, reletter of credit or joint custody CD/MM-joint custody or letter of credit 0 concentration/sweep account Interest available on all funds regardless of account? less $50,000 current interest rate^ guarantees 1.25% thru 6/30/2011 for oper/pr money market 1.1% regardless of balance Deposits charge for deposits(per deposit or per check) no charge 0 charge for deposit tickets _ _ _ _ no charge 0 accept foreign currency including coins yes 0 charge for returned deposit items no charge 0 branch proessing cut off times close of business Electronic bank deposits (scanning of checks electronically sent to bank) yes 0 Monthly statements/copies of checks paper statement sent monthly yes 0 checks listed serately on stmt or one total per day either 0 copies of checks CD other_ copies & CD 0 On-line Banking Treasurer needs access to one screen showing all accounts yes 0 -school and water would have limited access and$limitations yes 0 ACH payroll taxes and deductions-see payroll section yes 0 property tax payments(I iniate the direct debit pymts) yes • 0 cut-off times for processing that day 4:00 One page showing all current account balances yes 0 Wires yes 0 Reports run reports by check ranges,date ranges,etc yes 0 #of months of history maintained on-line 3 months 0 view monthly statements yes 0 When do transactions show on internet? same day next day Internal transfers same day 0 Stop payments same day 0 Images of checks next day 0 Security of sysem viruses program check upgraded every 10 minutes by a 3rd party internal security&external penetration review uses industry standard SAS70 token Debit blocker for checks written by city compares checks written by the city to the check presented yes 0 "positive pay" Payroll ACH of payroll taxes or other deductions yes 0 Direct deposit of employee checks(using NEMRC software) yes 0 Credit cards ability to accept deposits by credit card processing company yes 0 Credit cards for employes and board members annual fee 0 view current month statement on-line - yes 0 current interest rate 7.99% to 15.99% Type of card-Mastercard_ Visa— Other_ MC &Visa Check Reconciliation Services-currently not using but hope to implement download of redeemed checks CD Rom Download using ASCII or delimited format yes 0 customer service Account manager OR support team Support team - LOCAL Other services available that were not included above: NET YEARLY COST TO CITY/SCHOOL/WATER $0 but loss of interest due to compensating balance $50,000 compensating balance for each entity at 1.25% city $625 school $625 water $625 $1,875 Current interest rates: Assuming a$4,000,000 balance for 2 years what are the current interest rates on the following accounts: money market 1.10% investment account 1.25% CD's .50 - 1.50% other accounts 0.40% S B Bank 3 locations hours 8:30 - 5:00 Verianc or rating report Green/*** 6/30/2009 Blue ribbon bank for 2009 References Williston Barre Supervisory Bennington School Employee benefits free checking online banking loans health savings acct credit card IRA's For Discussion and possible Action on April 5. 2010 DRAFT City of South Burlington,Vermont Procedure for Making Appointments to positions on City Boards, Commissions and Committees 1. When the position to be filled is (a) new, (b) vacant, (c) the incumbent has indicated the desire to end his or her service in the position upon the upcoming expiration of the incumbent's current term, or (d) the incumbent has served in the position for eight or more continuous years and has indicated the desire to continue his or her service in the position upon the upcoming expiration of the incumbent's current term the following procedure shall be followed: (A) the City Manager(or his or her designee) shall seek applicants for the position using a process endorsed by the City Council, (B) the City Manager shall provide the City Council with the applicants' names and any supporting information submitted, (C) the City Council shall invite each applicant to be interviewed at a City Council meeting and shall interview each applicant who appears for such interview, (D) the City Council shall assess the applicants' qualifications in executive session, and (E) the City Council shall make its appointment to the position during the public portion of a City Council meeting. NOTE: This procedure is not intended to establish a limit on continuous service in a position on any City board, commission or committee. It is also not intended to discourage incumbents with eight or more years of continuous service from applying for re-appointment. 2. When the incumbent in the position to be filled has served in the position for less than eight continuous years and has indicated the desire to continue his or her service in the position upon the upcoming expiration of the incumbent's current term,the following procedure shall be followed: (A) the City Manager shall not seek additional applicants for the position, (B) the City Manager shall provide the City Council with the incumbent's name and any supporting information submitted, (C) should any other City resident(s) apply for this position(even though no recruitment efforts were undertaken),the City Manager shall provide the City • Council with the applicants' names and any supporting information submitted, • (D) the City Council shall invite the applicant/incumbent and any other applicants to be interviewed at a City Council meeting and shall interview each applicant who appears for such interview, (E) the City Council shall assess the applicant/incumbent's and any additional applicants' qualifications in executive session, and (F) the City Council shall make its appointment to the position during the public portion of a City Council meeting. 40 ^, ev4i south - ; PLANNING & ZONING MEMORANDUM TO: South Burlington City Council & City Manager FROM: Paul Conner, Director of Planning & Zoning F c- DATE: April 5, 2010 SUBJECT: South Burlington Sign Ordinance Amendments: addition to first reading Last week, three small, but important issues were brought to our attention concerning the Sign Ordinance. They are: • An existing standard that prohibits most temporary signs (banners & sandwich boards) associated with businesses operating in residential zoning districts (eg, Airport Grocery, Chapelle's Florist). Members of the Sign Task Force agreed that permitting smaller-sized temporary signs, subject to the same time constraints as other temporary signs, was reasonable. The enclosed draft amendments to sections 9(h) and 19 (g) would permit such businesses in residential areas to have temporary signs of up to six (6) square feet in size (equivalent to a 2' x 3' sandwich board). • A lack of clarity in how the area of signs are calculated. A member of the Sign Task Force noted that the language in the Ordinance addressing how the area of each side of a sign is calculated is confusing. The enclosed amendments to Section 3 (definitions), 9(d), and 19 (b) would clarify this without affecting the city's practices in any way. • A minor correction to replace an omission from the last set of amendments. Last summer, when we created the new "weekly" category of temporary sign permits, we omitted a cross-reference to the new subsections. The enclosed additions to Section 19 (f) would correct this. The Sign Task Force has reviewed these three items and is recommending they be added to the current round of amendments. Because the Council opted to warn the public hearing for early May, we have a rare opportunity to add items without requiring any additional procedural steps. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.corn DRAFT AMENDMENTS to the SOUTH BURLINGTON SIGN ORDINANCE First Reading SOUTH BURLINGTON CITY COUNCIL April 5, 2010 Key to the Amendments 1. Proposed new text is shown in Bold Underline 2. Proposed deletions are sown in SECTION 3. DEFINITIONS "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 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. (2)for signs other than cut-out letters, the area of the sign sha elude the supporting structure and shall be computed by taking the total area within the outer edge of the sign. (3)Signs having two (2) parallel and attached faces shall he considered as one sign, and the area shall be computed for one side only. In the case of an "A-frame" or "sandwich board" sign, the area shall be calculated for one side of the "A-frame" or • "sandwich board" o " • qt _ ,.. r. (4)For signs having ore than vvo (2) sides, the relevant sign area shall be the sum of all areas on which information and/or graphics are displayed. SECTION 9.. FREE-STANDING SIGNS (d) Area of a Free-standing Sign. d attached faces shall be s elerca one sign, and the area shall be computed for one side only. (10) For frcc standing signs having more than two (2) sides, the relevant sign arca shall be the sum of all areas on which information and/or graphics arc displayed. 1 DRAFT AMENDMENTS to the SOUTH BURLINGTON SIGN ORDINANCE First Reading SOUTH BURLINGTON CITY COUNCIL April 5, 2010 SECTION 9. SIGNS IN RESIDENTIAL AREAS • n 19 of this Ordinance for places of SECTION 19. TEMPORARY SIGNS • • (b) Temporary "A frame" or "sandwich boar, ' ns up to eight (8) feet eight and containing no more than thirty-two (3 s feet 'rea :- •. -.,.:: nd banners up to thirty-two (32) square feet in area whic ermariently affixed for the purpose of advertising the opening of a new ret ablishment or a special sales event on the lot where the sign'; located, are pe �tted (f) Establishments located on pare •° ) acre •r more with a principal permitted business as a hotel an. co r shall be exempt from the limitations in Secti• abovgwever, individual temporary sign may be maintained F. `TM ' in excess .f fourte- " (14) consecutive days every two (2) calendar onth p :.d, or se ) days once each calendar month. Temporary •.\ n exce_ of those pe ted in Sections 19(c-e) above shall be limited to signs .P;= tis', a _ orary or limited-duration functions taking place on the prop• :n. s �. - se permitted for general advertising of the pri •• or con ace center function. (g) .twithstand ction �, ) above, temporary signs for non-residential uses sidential zo • dis "cts shall be limited to a maximum of six (6) square fe area, with g. - exception of temporary signs for places of worship in any zoni „ trict a 'valid non-residential uses on lots of at least two (2) acres with `� ;e �:� Dorset Street or Hinesburg Road within the Southeast Quadrant $ • District. 2 • For Discussion and possible Action on April 5, 2010 DRAFT City of South Burlington,Vermont Procedure for Making Appointments to positions on City Boards, Commissions and Committees 1. When the position to be filled is (a) new, (b) vacant, (c) the incumbent has indicated the desire to end his or her service in the position upon the upcoming expiration of the incumbent's current term, or (d) the incumbent has served in the position for eight or more continuous years and has indicated the desire to continue his or her service in the position upon the upcoming expiration of the incumbent's current term the following procedure shall be followed: (A) the City Manager(or his or her designee) shall seek applicants for the position using a process endorsed by the City Council, (B) the City Manager shall provide the City Council with the applicants' names and any supporting information submitted, (C) the City Council shall invite each applicant to be interviewed at a City Council meeting and shall interview each applicant who appears for such interview, (D) the City Council shall assess the applicants' qualifications in executive session, and (E) the City Council shall make its appointment to the position during the public portion of a City Council meeting. NOTE: This procedure is not intended to establish a limit on continuous service in a position on any City board, commission or committee. It is also not intended to discourage incumbents with eight or more years of continuous service from applying for re-appointment. 2. When the incumbent in the position to be filled has served in the position for less than eight continuous years and has indicated the desire to continue his or her service in the position upon the upcoming expiration of the incumbent's current term,the following procedure shall be followed: (A) the City Manager shall not seek additional applicants for the position, (B) the City Manager shall provide the City Council with the incumbent's name and any supporting information submitted, (C) should any other City resident(s) apply for this position(even though no recruitment efforts were undertaken), the City Manager shall provide the City Council with the applicants' names and any supporting information submitted, (D) the City Council shall invite the applicant/incumbent and any other applicants to be interviewed at a City Council meeting and shall interview each applicant who appears for such interview, (E) the City Council shall assess the applicant/incumbent's and any additional applicants' qualifications in executive session, and (F) the City Council shall make its appointment to the position during the public portion of a City Council meeting. Elizabeth Milizia 2304 Brand Farm Drive South Burlington, Vermont 05403 (802)658-7419 bmilizia(&,eomeast.net March 4, 2010 South Burlington City Council 500 Dorset Street South Burlington, VT 05403 Dear South Burlington City Council: I would appreciate your consideration to be appointed to the South Burlington Natural Resources Committee. I have been attending Committee meetings for approximately 6 months and I believe my participation has been welcomed and appreciated by the Committee members. I have also volunteered at Green Up Day,National Night Out and the Energy Committee's distribution of the "Switch"Energy Efficiency flyers last fall. My interest in serving derives from several factors. First and foremost, I have lived in South Burlington with my husband Steve, and son Chris for over 24 years. We live in the Village at Dorset Park,providing us with many opportunities to enjoy our nearby park and natural area. We live on the south pond and while we feel fortunate to witness the migration of waterfowl in the spring and fall, we are also aware of the challenges that our neighborhood and others face in balancing the need for wildlife habitat and the needs of the people who live in their proximity. My love for South Burlington's natural areas, gives me a desire to do more in their preservation, as well as gain a better understanding of other competing community needs. I am a member of the South Burlington Land Trust Board of Directors, affording me opportunities to learn about another facet of our South Burlington community. For 20 years, I was employed at the Champlain ARC and the ARC of VT,two non-profit organizations, advocating on behalf of people with developmental disabilities and their families. During that time, I served as Executive Director and Director of Governmental Affairs. I worked on public policy, serving on numerous state councils and boards, involved at both the state and national levels in developing legislation, designing programs and evaluation tools in the education and human service fields. I also served as a registered lobbyist. These experiences contributed to my knowledge of the role of government in our communities and the lives of individuals, and conversely,the role of citizens in the welfare of our communities. I hope that you determine my experiences and my desire to serve our community would make me a worthy member of the Natural Resources Committee. Respectfully, Skyaka Elizabeth Milizia In Page 1 of 2 Subject: RE: Exit audit? From: "Mark Boucher" <mboucher@sburl.com> To: "Charles Hafter" <chafter ...snip... smiller@town.milton.vt.us> Chuck, I like Sandy's idea. Can you put this on the 4.5.10 agenda for the council to discuss? Thanks, M Mark L Boucher 20 Knoll Circle South Burlington, VT 05403 From: Charles Hafter [mailto:chafter@sburl.com] Sent: Thu 3/18/2010 11:35 AM To: Sanford Miller Cc: Mark Boucher Subject: RE: Exit audit? We run trial balances every month so this is no problem. Chuck At 11:07 AM 3/18/2010, Sanford Miller wrote: >Without knowing a lot about how the financial operation is set up in >SB, I wonder if it makes sense to prepare a detailed trial balance >for all funds/accounts at the conclusion of Chuck's tenure. This >would show activity and give everyone an idea of where things were >as of that date. Further, this wouldn't be much of a chore as these >reports are readily available through NEMRC. And, maybe have Chuck >sign off on it along with any other responsible parties (Denis, Donna, others)? >Regarding anything more than that(mini-audit, etc.), maybe the City >Council should discuss after getting a written recommendation from >the City's auditor. That way, the Council decision would be >informed by an outside, third party. >For myself, I do not see the need for anything more than the trial >balance as mentioned above. >Thanks for asking for and considering my opinion. >Sandy >Sanford "Sandy" Miller, ICMA-CM >Town Manager >Town of Milton >43 Bombardier Road >Milton, VT 05468 >Phone: 802-893-6655 >Fax: 802-893-1005 >smiller@town.milton.vt.us >Town of Milton Website: www.milton.govoffice2.com Printed for Charles Hafter<chafter@sburl.com> 3/18/2010 In Page 2 of 2 > > Original Message---- >From: Charles Hafter(mailto:chafter@sburi.com] >Sent: Thursday, March 18, 2010 9:59 AM >To: Sanford Miller >Cc: mboucher@sburl.com >Subject: Exit audit? >Sandy and Mark: Sometimes when a city manager exits the scene, >although usually not for a retirement, the new >manager, the former manager or the City would like to have a >mini-audit for protection purposes. I am writing to >see if you feel this is necessary following my retirement in May. >Since a full audit will be conducted following the end of the fiscal >year in June I do not think this is necessary, but I am trying to >cover my transition bases. >Chuck > >No virus found in this incoming message. >Checked by AVG -www.avg.com >Version: 9.0.791 /Virus Database: 271.1.1/2754 - Release Date: >03/18/10 03:33:00 No virus found in this incoming message. Checked by AVG -www.avg.com Version: 9.0.791 /Virus Database: 271.1.1/2754 - Release Date: 03/18/10 03:33:00 Printed for Charles Hafter<chafter@sburl.com> 3/18/2010 The Vermont Statutes Online Page 1 of 1 1 he 'Vermont Statutes Online Title 24: Municipal and County Government Chapter 59: ADOPTION AND ENFORCEMENT OF ORDINANCES AND RULES 24 V.S.A. § 1984. Conflict of interest prohibition § 1984. Conflict of interest prohibition (a)A town, city, or incorporated village,by majority vote of those present and voting at an annual or special meeting warned for that purpose,may adopt a conflict of interest prohibition for its elected and appointed officials which shall contain: (1) A definition of"conflict of interest." (2) A list of the elected and appointed officials covered by such prohibition. (3) A method to determine whether a conflict of interest exists. (4) Actions that must be taken if a conflict of interest is determined to exist. (5) A method of enforcement against individuals violating such prohibition. (b) Unless the prohibition adopted pursuant to subsection(a) of this section contains a different definition of"conflict of interest," for the purposes of a prohibition adopted under this section, "conflict of interest" means a direct personal or pecuniary interest of a public official, or the official's spouse, household member,business associate, employer, or employee, in the outcome of a cause, proceeding, application, or any other matter pending before the official or before the agency or public body in which the official holds office or is employed. "Conflict of interest" does not arise in the case of votes or decisions on matters in which the public official has a personal or pecuniary interest in the outcome, such as in the establishment of a tax rate, that is no greater than that of other persons generally affected by the decision. (Added 1999,No. 82 (Adj. Sess.), § 2.) http://www.leg.state.vt.us/statutes/fullsection.cfin?Title=24&Chapter=059&Section=01984 4/5/2010 SOUTH BURLINGTON� � DEVELOPMENT REVIEW VIE Vr BOA' Rules of Procedure and Conflict of Interest Policy Section I: Authority. The Development Review Board of the City of South Burlington hereby adopts the following rules of procedure (hereinafter referred to as these Rules) in accordance with 24 V.S.A. §4461(a) and 1 V.S.A. §§ 312(e), (f), and(h). Section II: Policy. These Rules are adopted to ensure consistent and fair treatment of applicants and interested persons, and participants, orderly and efficient public proceedings, and compliance with state and federal law. These Rules shall also ensure that no board member will gain a personal or financial advantage from his or her work for the board, and so that the public trust in municipal government will be preserved. Section III: Definitions. A. "Board"means the Development Review-Board. r r; B. "Board member" means a regular or alternate member of the Development Review Board. •- C. "Conflict of interest"means any one of the following: 1. A direct or indirect personal interest of a board member, his or her spouse, -- household member, child, stepchild, parent, grandparent, grandchild, sibling, aunt or uncle, brother or sister in law, business associate, employer or employee, in the outcome of a cause, proceeding, application or any other matter pending before the Development Review Board. 2. A direct or indirect financial interest of a board member, his or her spouse, household member, child, stepchild, parent, grandparent, grandchild, sibling, aunt or uncle, brother or sister in law, business associate, employer or employee, in the outcome of a cause, proceeding, application or any other matter pending before the Development Review Board. 3. A situation where a board member has publicly displayed a prejudgment of the merits of a particular proceeding before the board. This shall not apply to a member's particular political views or general opinion on a given issue. - 1 - 4. A situation where a board member has not disclosed ex parte communications with a party in a proceeding before the board, pursuant to Section XII of these Rules. D. "Deliberative session" means a private session of the board to weigh, examine, and discuss the reasons for and against an act or decision, from which the public is excluded. There shall be no taking of evidence or submission of testimony, nor need a deliberative session be publicly noticed. By motion and majority vote, the board may enter deliberative session during a hearing to consider a matter before it. E. "Executive session" means a session of a public body from which the public is excluded, pursuant to 1 V.S.A. § 313. Such private session may only be held for one of the reasons permitted by the statute, and no binding action may be taken in executive session. F. "Ex parte communication" means direct or indirect communication between a member of an appropriate municipal panel and any party, party's representative, party's counsel or any person interested in the outcome of any proceeding before the panel, that occurs outside of a public proceeding, and concerns the substance or merits of the proceeding. G "Official act or action" means any legislative, administrative or quasi-judicial act performed by any board member. H "Public deliberations" means the weighing, examining, and discussing, in a public proceeding, the reasons for and against an act or decision, but expressly excludes the taking of evidence and the arguments of parties. I "Recuse" means to remove oneself from a particular board proceeding because of a real or perceived conflict of interest. Section IV: Regular Officers. The Development Review Board shall consist of seven (7) regular members. After the annual City Meeting but prior to June 30, or at other times throughout the year as needed, the Development Review Board shall hold an organizational meeting and elect by majority vote, a Chair, Vice Chair and Clerk. A. The Chair shall preside at all meetings, hearings, and deliberations, decide all points of order or procedure, and appoint members to any committee of the board. The Chair may administer oaths and may request the attendance of witnesses and the production of material germane to any issue under consideration. B. The Vice Chair shall assume the duties of the Chair whenever the Chair is absent, or at the Chair's request. The Clerk shall assume such duties whenever the Chair and the Vice Chair are absent, or at their request. -2 - C. It shall be the duty of all members to review the minutes and other official records of Development Review Board meetings and actions, and correct and ratify these when appropriate and necessary. D. The Clerk shall take minutes of all meetings,unless delegated to staff. Section V: Regular and Special Meetings. Regular meetings to conduct business of the Development Review Board shall be held in the City Hall at 7:30 p.m. on the first and third Tuesdays of the month, or as warranted. The Chair may cancel meetings at any time. A. Special meetings may be called by the Chair, provided at least 24 hours notice is given to each board member and the time and place of each special meeting is publicly announced at least 24 hours before the meeting. B. A quorum shall consist of a majority of the entire board. C. Members may participate by telephone as long as the absent member can hear everything that is occurring at the meeting and everyone present at the meeting can hear the board member. D. All meetings shall be open to the public unless the board, by majority vote, has entered a deliberative or executive session. The board may only hold an executive session pursuant to the reasons peiruitted by 1 V.S.A. § 313, and only after a majority vote to enter executive session. E. There shall be an agenda for each meeting, with time allotted for each item or group of items to be considered. The Chair shall determine the content of the agenda. F. All business shall be conducted in the same order as it appears on the agenda, except that by consent of a majority of the board, the Chair may alter the order of items to be considered and/or the time allotted. G. The Chair shall rule on all questions of order or procedure and shall enforce these rules pursuant to 1 V.S.A. § 312(h). H. Notice for hearings on the adoption, amendment, or repeal of the bylaw and other regulatory tools shall be pursuant to 24 V.S.A. § 4444, as amended. Section VI: Public Hearings and Order of Business. - 3 - Public hearings shall be conducted as quasi-judicial proceedings pursuant to 1 V.S.A. § 310(5)(B). Hearings shall be publicly noticed in accordance with 24 V.S.A. §§ 4464(a)(1), (2), as amended. The Chair shall conduct the hearing in the following manner: A. Open the hearing by reading the warning of the hearing. B. Review the order of events, remind all present that the proceeding will be conducted in an orderly manner, and make copies of these Rules available. C. Request disclosure of conflicts of interest and ex parte communications. D. Review the definition of interested persons in 24 V.S.A. § 4465(b). E. Explain that, pursuant to 24 V.S.A. § 4471(a), only an interested person who has participated in this proceeding may take an appeal of any decision issued in this proceeding. F. Ask all who believe they meet the definition of interested person to identify themselves and to provide contact information. The board shall only make determinations as to party status in proceedings for appeals of administrative officer decisions. As these Rules do not differentiate between persons with interested person status and those without, anyone seeking to participate in a proceeding may do so, subject to these Rules and those established by the Chair. Members of the public who are not interested persons may offer comment on an application, after recognition by the Chair. The Chair shall limit such public comment to three (3) minutes per speaker, unless by consent of a majority of the board, the board sets a different time limit. The board shall apply consistent time limits to all recognized to speak. G. Direct the applicant or his/her representative and all interested persons to step forward and take the following oath: I hereby swear that the evidence I give in the cause under consideration shall be the whole truth and nothing but the truth so help me God(or, under the pains and penalties of perjury). H. Accept written information presented to the board. I. Invite the applicant or applicant's representative to present such application or proposal. • J. Invite board members to ask questions of the applicant or applicant's representative. K. Invite interested persons and members of the public to present their information regarding the application or proposal. L. Invite the applicant or applicant's representative to respond to information presented. - 4 - M. Invite more questions or comments from members of the board. N. Invite more questions from interested persons and members of the public. O. Allow final comments or questions from the applicant or his/her representative or members of the board. P. Upon motion and majority approval, the Chair shall either adjourn the hearing to a time certain, or close the proceedings by stating that this is the final public hearing on the matter. Section VII: Site Visits. Site visits shall be open to the public; however, no testimony shall be taken and no ex parte communication shall occur. Site visits shall be held pursuant to the following conditions: A. If, prior to a hearing, the Chair determines that a site visit will be necessary, the site visit shall be scheduled immediately prior to a public hearing. Such site visits shall be publicly noticed in accordance with 24 V.S.A. §§ 4464(a)(l), (2). B. If necessary, the board may recess a hearing to conduct a site visit at a property which is the subject of an application before the board. C. If necessary, the board may adjourn a hearing to a time certain to conduct a site visit at a property which is the subject of an application before the board. D. The minutes of the proceeding shall reflect that a site visit was held, who was present, and the nature and duration of the site visit. Section VIII: Service List. The staff shall create a list of all individuals who participated. The list shall include those who participated orally and those who participated in writing. All decisions of the board shall be mailed to those on the list.The list shall include: A. The names of those who participated in the proceedings. B. The nature and content of participation by those who participated. C. The mailing address of each of these persons. - 5 - Section IX: Decisions. Members of the board who have not heard all testimony and reviewed all evidence submitted for a particular application or proposal shall not participate in that proceeding. Absent board members may participate if they have reviewed the audiotape of the proceedings, and any evidence submitted. The following rules shall apply to voting on decisions: A. Motions shall be made in the affirmative. B. The Chair has the same voting rights as all members and can make motions. C. No second shall be required for a motion to have the floor. D. All members present are expected to vote unless they have recused themselves. E. Abstentions are strongly discouraged and shall not count towards either the majority or the minority. F. For a motion to pass, it must receive the concurrence of a majority of the entire board, regardless of how many are present. 1 V.S.A. § 172; 24 V.S.A. § 4461(a). G. The board shall issue a decision within 45 days of the final public hearing. Section X: Conflicts of Interest. Participation, disclosure of conflicts, and recusal shall be governed by the following procedures: e. A. Participation. A board member shall not participate in any hearing or official action in a matter in which he or she has a conflict of interest. A board member shall not, personally or through any member of his or her household, business associate, employer or employee, represent, appear for, or negotiate in a private capacity on behalf of any person or organization in any proceeding pending before the Development Review Board. B. Disclosure. At all hearings, the Chair shall request that board members disclose all potential conflicts of interest. When recognized by the Chair, any person may request disclosure of potential conflicts of interest. Nonetheless, after disclosing a conflict or perceived conflict, a member who believes that he or she is able to act fairly, objectively, and in the public interest, shall disclose the nature of the potential conflict of interest, and the reason(s) why he or she is able to act in the matter fairly, objectively, and in the public interest. This shall be noted in the minutes of the proceeding. - 6 - C. Recusal. A board member shall recuse him or herself from any matter in which he or she has a conflict of interest,pursuant to the following: 1. The applicant or any person may request that a member recuse him or herself due to a conflict of interest. Such request shall not constitute a requirement that the member recuse him or herself. 2. A board member who has recused him or herself from a proceeding shall not sit with the board, deliberate with the board, or participate in that proceeding as a board member in any capacity. 3. If a previously unknown conflict is discovered, the board may take evidence pertaining to the conflict, and if appropriate, adjourn to a short deliberative session to address the conflict. 4. The board may adjourn the proceedings to a time certain if, after a recusal, it may not be possible to take action through the concurrence of a majority of the board. The board may then resume the proceeding with sufficient members present. Section XI: Ex Parte Communications. Ex parte communication is prohibited. Any board member who inadvertently conducts ex parte communication must disclose such communication as required below. A. Disclosure. At each hearing, the Chair shall request that members disclose any ex parte communications. Board members who have received written ex parte communications shall place in the record copies of all written communications received as well as all written responses to those communications. Members shall prepare a memorandum stating the substance of all oral communications received, all responses made and the identity of each person making the ex parte communication, which shall become a part of the record of the proceedings. Section XII: Removal. Upon majority vote, the board may request that the legislative body remove a board member from the Development Review Board. Board members may be removed for cause by the legislative body upon written charges and after public hearing. 24 V.S.A. § 4460(c). Section XIII: Amendments. These rules may be amended at any regular or special meeting by a majority vote, provided that each Development Review Board member has been presented a written copy of the proposed amendment at least 24 hours before the meeting at which the vote is taken. - 7 - Adopted by the Development Review Board on 0 day of _ - , 2005 ZyDinklage, Chair Development Review Board - 8 -