HomeMy WebLinkAboutAgenda - City Council - 09/07/2010 •}
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VEflMONT
AGENDA
SOUTH BURLINGTON CITY COUNCIL
Orchard School Cafeteria
2 Baldwin Ave
SOUTH BURLINGTON, VERMONT
Excutive Session (anticipated) 6:00pm Tuesday, Sept 7, 2010
1. Consider entering executive session to discuss appointments to boards, commissions and
committees, personal, and contract negotiations.
REGULAR MEETING 7:00 P.M. Tuesday,
Sept 7, 2010
1. Comments and Questions from the public (not related to the Agenda).
2. Announcements and City Manager's Report.
3. Appointment of Justin Rabidoux to the MPO as an alternate.
4. ***Interview applicants for appointments to boards, commissions, and committees.
5. Presentation by Council on pension fund issues.
6. ***Discussion about City Pension with Actuary; Tracy Braun, Retirement Service, Peoples
United Bank.
7. ***Appointment of firm to review previous year's audits and related documents.
8. ***Public Hearing on purposed Amendments to the City Fire Ordinance, to clarify types of
outdoor fire requiring, second reading of same.
9. ***Authorize the street acceptance of Hayes Ave as a public street.
10. ***Approval of Vermont Municipal Bond Bank Refunding for 2010 Series to the Police
Station.
11. ***Consider approval of Special Entertainment permit for ALS to be held Sept 26 at Dorset
Park.
12. ***Accept the resignation of Steve Dates from the Natural Resource Committee effective
immediately.
13. ***Review of Development Review Board agenda for Sept 7, 2010.
14. ***Review and approve minutes from regular meeting held August 17, 2010.
15. Sign disbursement orders.
16. Consider entering executive session to discuss appointments to boards, commissions and
committees, personal, and contract negotiations.
17. Adjourn
Respectfully Submitted:
Sanford I. Miller, City Manager
OUTSIDE BURNING
AN ORDINANCE FOR THE REGULATION OF OUTSIDE BURNING
(1) Outside burning shall be broken down into two separate catagories; permitted and non-
permitted.
(2) Both permitted (those needing a burn permit) and non-permitted (those not needing a burn
permit) fires must be attended at all times.
(3) Fires kindled for the purpose of burning brush or for any other lawful purpose shall be
kindled only at such times and under such conditions as will enable the parties starting them to
keep them entirely under control and not creating a public nuisance or hazard.
(4) If a complaint is received regarding a public nuisance or hazard caused by either a permitted
or non-permitted fire, the complaint will be investigated and the person(s) responsible may be
asked to voluntarily extinguish the fire. If the responsible person refuses to extinguish the fire it
will be extinguished by the fire department.
(5) The use of outdoor incinerators (i.e. burn barrels) is prohibited. Incinerator means any
article, machine, equipment or contrivance, structure or part of a structure used primarily to
dispose of combustible wastes by burning. The incineration of Solid Waste at any facility
regulated by the State, and having and abiding by all other necessary permits in accordance with
all applicable laws, rules and regulations, (including all air quality permits), shall be exempt
from the prohibition under this article.
Permit Required
(1) A City of South Burlington Burning Permit shall be required when kindling a fire for the
purpose of normal property clean-up; to include leaves, brush, deadwood, garden waste, or tree
cuttings. Only natural items are to be burned, this does not include painted boards, treated
lumber,plywood, particle/chipboard, sawdust or pallets.
(2) Fires for the purposes of normal property clean-up shall be kindled in a garden or a cleared
space no less than 50 feet from any buildings or structures.
(3) Fire permits shall be issued by the Fire Chief or his designee.
(4) Bonfires (a large open, natural wood fire kindled for ceremonial or recreational purposes)
shall have a burn permit issued. Requests for bonfires will be allowed on a case-by-case basis.
No Permit Required
(1) No City of South Burlington Burning Permit shall be required for campfires (30" or less in
diameter), outdoor grills, free-standing fireplaces, commercial fire pits and fireplaces for
recreation or preparation of food.
(2) Fires for the purposes of recreation or preparation of food shall be confined to devices or
appliances designed for such purposes. Such devices or appliances designed for this purpose
shall be used no less than 10 feet from any structure or overhanging roof or porch.
(2a) NOTE: The State of Vermont, Division of Fire Safety by law requires the following;
NFPA 1, Section 10.11.7 For other than one and two family dwellings, no hibachi, gas fired
grill, charcoal grill, or other similar devices used for cooking, heating or any other purpose, shall
be used or kindled on any balcony or under any overhanging portion or within 10 feet of any
structure. Listed electric ranges, grills, or similar electrical apparatus shall be permitted.
(3) Fires for the purposes of recreation or preparation of food (campfire) not confined in a
device or appliance designed for such purpose, shall be no less than 25 feet from a structure or
combustible materials.
Burning Permit Conditions
(1) Permit is valid only for place and time stated.
(2) Permit in no way relieves the person to whom it is granted from any liability related to the
fire or any damages it may cause.
(3) The person setting the fire must at all times have sufficient help, water and tools present to
control the fire.
(4) Only natural wood material may be burned under this permit. Branches and brush shall be
3" in diameter or less. If other materials are burned it may require a Vermont Air Pollution
permit as well as the burning permit.
(5) The fire must not be left until it is entirely extinguished.
(6) Restricted materials cannot be used to ignite natural wood materials. (no gasoline, kerosene,
oil or other flammable liquids or materials)
(7) Any special conditions written on this permit are to be considered as part of the conditions to
burn.
(8) If any permit conditions are not followed, then the fire is immediately invalid and you will
be burning illegally. You will be asked to extinguish the fire or it will be extinguished by the fire
department.
(9) Violations of the conditions of this permit may result in the permittee receiving a Vermont
Fire Prevention Ticket which will result in court action and a fine for each day of violation.
(10) This permit may be canceled for cause at any time.
(11) Burn permits will be issued only in person and in writing.
(12) Burn permits are valid between the hours of 8 AM and 4 PM. No burning on Sundays or
Holidays.
Penalties
(1) Any person who violates this ordinance shall be subject to a fine of not less than $25.00 per
violation. In the case of a violation which continues after the issuance of a complaint, each days
continuance may be deemed a separate violation.
Suggestions Draft 7/14/10
With 7/19/10 corrections
Dated 7/22/10
ORDINANCE
An Ordinance to amend the ordinance for Control and Prevention of Fire
The Council of the City of South Burlington hereby ordains:
Section 1. Section 9 & 10 of the Ordinance for the Control and Prevention of
Fire adopted December 21, 1970, is hereby amended to read as follows:
Section 10: Outside Burning: Permitted under subsequent as to the
detail in the Ordinance.
Section 2. This Ordinance shall take effect from passage.
Approved September 7, 2010
Mark Boucher, Chair
Sandra Dooley, Vice Chair
Meaghan Emery
Jim Knapp
Frank Murray
South Burlington City Council
074r4
southburlington
VERMONT
AGENDA
SOUTH BURLINGTON CITY COUNCIL
Orchard School Cafeteria
2 Baldwin Ave
SOUTH BURLINGTON,VERMONT
Executive Session (anticipated) 6:00pm Tuesday, Sept 7, 2010
1. Consider entering executive session to discuss appointments to boards, commissions and
committees, personal, and contract negotiations.
REGULAR MEETING 7:00 P.M. Tuesday,Sept 7, 2010
1. Comments and Questions from the public(not related to the Agenda).
2. Announcements and City Manager's Report.
a. I will be attending the Vermont Town and City Management Association conference Sept. 16/17 in
Stratton.
b. The City has hired Kelly Murphy as Policy and Planning Analyst. Ms. Murphy will work primarily for the
Planning&Zoning Department and will also provide considerable support for the City Manager's Office.
Kelly began her duties today(Sept. 7th)and is here tonight.
c. Reminder there will be a presentation at 7:00 p.m. in City Hall on the Exit 12B study being conducted by
RSG through the MPO. The presentation will be Thursday, Sept. 9th
i. I attended a briefing at the MPO Offices on Tuesday,August 31st and I think the presentation
will be informative. I encourage people to attend.
ii. I won't be able to attend as the meeting falls on Rosh Hashanah.
d. The PACE(Property Assessed Clean Energy) Program is being coordinated through VEIC (the
Vermont Energy Investment Corporation). Our Energy Committee is interested in participating in this
initiative and municipal support and participation has been requested through VEIC. No required match
in cash or in-kind support is required. Therefore, I signed a letter indicating South Burlington will
participate in the program.
e. Mark Boucher, Frank Murray and I met with various officials from the Treasurer's Office, including Jeb
Spaulding, Steve Wislowski, Beth Pearce and Cynthia Webster. They had a number of suggestions for
us in terms of our investments,considering VMERS and things to look for as we move ahead with our
processes.
f. There is a joint meeting of the MPO and RPC occurring, as we speak, about the subject of consolidation
of those two agencies. We do not currently have an MPO Representative or Alternate. I recommend
City Council appoint Justin Rabidoux as the Alternate—he is currently at that meeting and, if the
Council accepts this recommendation and makes the appointment, South Burlington will be fully
represented at the meeting and Justin will be able to cast a vote on this important issue and others.
g. This is a segue to the item 4 on the agenda—the Council's presentation of background,what we've
done and our plan"so far".
3. Appointment of Justin Rabidoux to the MPO as an Alternate: We currently are unrepresented on the CCMPO
, Board. My idea here is to ask you to consider appointing Justin as the City's Alternate Representative so we
have voting representation. The CCMPO and CCRPC are meeting,as we speak,to discuss consolidation and
Justin is there observing. If he is appointed, I can call or text Michele Boomhower and Justin to announce the
4 Council appointment and Justin will be able to vote on our behalf.
1
4. ***Interview applicants for appointments to boards, commissions,and committees: You have the spreadsheet .
listing the applicants,their interests and number of openings per board/commission/committee.
5. Presentation by Council on pension fund issues: This will be the revised and updated PowerPoint presentation I
sent you in draft form last week.
6. ***Discussion about City Pension with Actuary;Tracy Braun, Retirement Service, Peoples United Bank. Annie
Voldman,who is a subcontractor for People's. There are two handouts—the narrative and a spreadsheet
showing recent history regarding obligations and funding
7. ***Appointment of firm to review previous year's audits and related documents: I recommend the Council
authorize me to engage Kittell Branagan and Sargent(KBS)to perform the audit review work we requested per
our RFP. I do expect our costs will exceed the$4-6,000 estimate as we will at least want them to go back to the
"point of origin"of the unfunded pension obligation and there may be other tasks we ask them to review in the
course of their work.
8. ***Public Hearing on purposed Amendments to the City Fire Ordinance,to clarify types of outdoor fires requiring,
second reading of same: This ordinance provides a basis for permitting certain types of outdoor fires and
clarifies the Fire Ordinance.
9. ***Authorize acceptance of Hayes Ave as a public street: This acceptance should have formally occurred many
years ago, but did not and Counsel recommends Council take the appropriate action at this time. The City did
receive an Irrevocable Offer of Dedication but the Deed was not recorded in the City's records. See Ray Belair's
memo.
10. ***Approval of Vermont Municipal Bond Bank Refunding for 2010 Series to the Police Station: As part of their
regular efforts,the Bond Bank occasionally sells"refunding bonds"to provide municipalities with savings
resulting from lowered debt service. In this instance,we would save$130,796.05 in years 2016 through 2020.
11. ***Consider approval of Special Entertainment permit for ALS to be held Sept 26 at Dorset Park: The ALS
Association (New England Chapter),will be sponsoring a Walk to Defeat ALS on Sunday, September 26th
sometime between 10:30 a.m. and 2:00 p.m. (This is estimated to begin at 11:30 a.m.).They will have a sound
system and musician at Dorset Park. They will walk from Dorset Park south to Old Cross Rd and back.
12. ***Accept the resignation of Steve Dates from the Natural Resource Committee effective immediately: Mr. Dates
has indicated he will not be able to fulfill his responsibilities due to a new job he is expected to take.
13. ***Review of Development Review Board agenda for Sept 7,2010: Self-explanatory.
14. ***Review and approve minutes from regular meeting held August 17,2010: Self-explanatory.
15. Sign disbursement orders: Self-explanatory.
16. Consider entering executive session to discuss appointments to boards,commissions and committees, personal,
and contract negotiations: Below is the complete list of items I wish to discuss—obviously we'll start off on the
list in the first session at 6 p.m. (if we have the early Executive Session)and finish whatever we are not able to
get to at the end of the meeting. Of course,we'll do at least the applicants to boards, committees and
commissions at the end of the meeting.
a. Firefighters' EMT-P proposal for wages: They counter-proposed at 2%when the service is initiated—Sept.
2011 —and 4%on July 1,2012. I think this is reasonable and all other items have been substantially
worded. Your concurrence will allow me to contact them and agree in principal which would then"allow"
them to agree to begin classes on Wednesday, Sept. 8th.Actuarial review by Buck Consulting?
b. Update on Chuck Hafter—pension plan,contracts, long-term care, ethics issues.
c. Part-time pensioners.
• Change Plan Document?
• Harriett Ladd—part-time person who regularly worked over 1,000 hours and was not included in
the pension plan. This is who we know about so far.
d. VMERS—here is an outline of my suggestions thus far.
• Non-public safety employees targeted toward VMERS B (city to initially pay entire cost—9.5% of
payroll)
• Non-represented management and confidential employees to be included in VMERS B.
• Uniformed (sworn) Public safety employees targeted toward VMERS D, with proviso that
employees pay 11%and City pay 9.5%. This would eliminate the Social Security offset for them.
All new employees with actuarial analysis to determine feasibility/cost of buying into system for
existing employees at City's discretion.
2
•
• CM to be in VMERS C. I think it is the right thing to do for me to set an example by contributing 2%
- to the cost of the plan,which would leave the City to pay 13.75%. The theory here is that this
would allow me, in future,to argue/bargain the non-public safety employees should be contributing
a percentage and I would not be in a position of conflicted interest.
e. Other: If we are able to get non-public safety employees to contribute a percentage,we would link that
percentage to our non-represented management and confidential employees.
f. VPIC—possible limitations on what they might do.
g. Health Insurance Options: I think we should be focusing on one of the High Deductible Plans with a
combination Health Savings Account. Either the HSA 1500/3000 or 2250/4500 options would make the
most sense.
h. Vision Plan Options: Right now we currently have a plan which is 100%funded by the City. There is a new
player in the market and the Health Trust got a quote from them that indicates they would offer a very similar
plan for about 30%or more less cost than the current plan.
i. Life Insurance Options: Again, generally, I think we should couple this benefit with either a group's interest
in switching to VMERS or a different health insurance plan,or both.
j. Is there any reason to reconsider the BIA request per Brian Searles' letter from last week or should I inform
Brian our position is as stated in Mark's e-mail of Wednesday?
17. Adjourn
Respectfully Submitted:
?/4/1
Sanford I. Miller, City Manager
3
MEMORANDUM
TO: Sandy Miller, City Manager 111161,
FROM: Raymond J. Belair,Administrative Officer �
DATE: August 23, 2010
RE: Hayes Ave. Acceptance
A paralegal recently discovered that the deed for Hayes Ave.was never recorded in the land records.
The City accepted an Irrevocable Offer of Dedication for this street on October 4, 1985 (copy attached).
For some unknown reason,the City did not accept the street and record the deed, although the City has
been maintaining it and treating it as a City street ever since the street was completed.
The City attorney, Will Flender, is recommending that the City Council authorize the street acceptance
(see attached email). Public Works Director Justin Rabidoux has indicated that acceptance will not have
a negative impact on the City's maintenance operations(see attached email).
Therefore,would you please ask the City Council to accept Hayes Ave.?
Thank you.
4
Vo1 . 214 ,
Page 52
,o pg/as
IRREVOCABLE OFFER OF DEDICATION'
AGREEMENT by and between O'BRIEN BROTHERS AGENCY, INC., a Vermont
corporation with a place of business in South Burlington, County of
Chittenden and State of Vermont (hereinafter referred to as "Owner"), and
the CITY OF SOUTH BURLINGTON (hereinafter referred to as "City").
W I T N E S S E T H :
WHEREAS, Owner has received final subdivision approval from the City's
Planning Commission for the construction and development of Cardinal Woods
as depicted on a final plat entitled "Cardinal Woods: Phase II —Final
Plat" dated January, 1985, last revised July 10, 1985, and recorded in Plat
Volume 197 at Page 94 of the South Burlington City Land Records; and
WHEREAS, the final approval of the Planning Commission contains a
condition that the roadway depicted as "Hayes Avenue" on said afore-
mentioned final plat be constructed to City standards and subsequently
dedicated and accepted by the City as a public roadway; and
WHEREAS, the above described strip of land comprising Hayes Avenue is
to be dedicated to the City free and clear of all encumbrances pursuant to
said final approval and final plat; and
WHEREAS, the Owner has delivered to the City appropriate deeds of
conveyance for the above-described property.
NOW, THEREFORE, in consideration of the final approval of the City's
Planning Commission and for other good and valuable consideration, it is
covenanted and agreed to as follows:
•
1. The Owner herewith'delivers to the City a deed of conveyance, an
unexecuted copy of which is attached as Exhibit "A", such delivery
Vol . 214
Page 53
constituting a formal offer of dedication to the City to be held by the
City until the acceptance or rejection of such offer of dedication by the
legislative body of the City.
2. The Owner agrees that said formal offer of dedication is
1111
irrevocable and can be accepted by the City at any time.
3. This irrevocable offer of dedication shall run with the land and
shall be binding upon all assigns, grantees, and/or successors of the
Owner.
Dated this 4th day of October, 1985.
In Presence Of: O'BRIEN BROTHERS AGENCY, INC. ("Owner")
/ii-r&ke(Aki
J By:
A, M Daniel J. O3�rien, President and
000fif4 Duly Authorized Agent
In Presence Of: CITY OF SOUTH BURLINGTON ("City")
, D •
n By: K/ -�1 -
Its Duly ¢uthy1r/zed Agent
Cli Imo. t-�Q.C,L/�,
STATE OF VERMONT
CRITTENDEN COUNTY, SS.
At Burlington, in said County, this 4th day of October, 1985,
personally appeared Daniel J. O'Brien, President and duly authorized agent
of O'BRIEN BROTHERS AGENCY, INC., and he acknowledged this instrument, by
him signed, to be his free act and deed)and the free act and deed of
O'BRIEN BROTHERS AGENCY, INC. /1
Before me,
Notary Pubkic
STATE OF VERMONT
CRITTENDEN COUNTY, SS.
At Burlington, in said-County, this 4th day of October, 1985,
personally appeared kz;Y‘',c,i„, S $ ns Ki , duly authorized
agent of the CITY OF SOUTH BURLINGTON,Jand he/rke acknowledged this
-2-
S
•
Vol . 214
Page 54
instrument, by him/her signed, to be his/her free act and deed and the free
act and deed of the CITY OF SOUTH BURLINGTON.
Before•
me ` s, d�' 7Jc�.GSj 01
Notary Public
[PS24A]
-3-
} Vol . 214 +
° I.\I ,r ‘rra:,..: - ;.k\I\ ,+r.r., a.. Aa, i " Page 55
I
�A�w r1 VL�7'uthVJlig" fr.,1154R1510f5 Fril .A,s,
•
O'BRIEN BROTHERS AGENCY, INC.; a Vermont corporation with a m
s fir?
•
place of business in South Burlington 1',, x `
v ,
. 'ram-� w 1
Chittenden i '" $* 1
in the County of +r
and State ofVermont " Yr +
Grantor , in the consideration of c "'f+>,> j•
Ten and More DollarsV,....44.13 � M ,eel;
paid to its full_satisfaction by '> yl a
CITY OF SOUTH BURLINGTON, a municipal corporation
in the County of Chittenden p 4t 3"
and State of Vermont Grantee , by these presents, do A-
-
• freely Ohm, Omit, 4e11, (Cullum unit Confirm unto the said Grantee a ` ,
CITY OF SOUTH BURLINGTON, and its successors M. .L� - -
emit '412rtHt and assigns forever, a 4
certain piece of land in South Burlington in they .
County of Chittenden and State of Vermont, described as "�'-
follows, viz: ..�,1.t ' '
Being a scrip of land, sixty feet (60') in uniform width, except at • '1:• A"h w
the point of intersection with Hinesburg Road, to be used for public f "'ar
roadway purposes, said strip proceeding southerly and thence southwesterly 0`
from Hinesburg Road to the intersection with property presently of c r��,, .
Timberlane Associates. Said strip is depicted as "Hayes Avenue" on a plan. 0, kT 1JJP`�w`k'
entitled "Cardinal.Woods; Phase II - Final Plat" dated January, 1985, , rU F'
last revised July 10, 1985, and recorded in Plat Volume 197 at Page 94 of . % f+^ ''
the South Burlington City Land Records. Said strip is more particularly x. . r","x
described as follows: Beginning at an iron'pin set in the southwesterly *'v
sideline of Hinesburg Road; thence proceeding N 37°13'03" W 85.00 feet to a ;.t , t
concrete monument;.thence proceeding S 7°46'57" W 14.14 feet to a concrete 1n4�6tr41 s„ �}} rr
monument; thence proceeding S 52°46'57" P 60.31 feet to a concrete x,rt' * i" .I
monument; thence proceeding S 45'44'18,8" W 8.98 feat to an iron pin;
S
thence proceeding S 45.44'18.8" W 388.81 feet to a concrete monument; s '�x a
thence proceeding in a curve to the right a distance of 117.77 feet to a
concrete aenument; thence proceeding S 81°43'35.2" W 154.61 feet to a • .-tz0 {
concrete monument; thence proceeding in a curve to the right a distance of „�.�� ta,:k.€,1,t
165.11 feet to a concrete monument; thence proceeding N 83400'44" W M '' ,-.r,
37.03 feet to on iron pin; thence proceeding S 06°59'16" W 47.22 feet to a ti.,,,i) i,
concrete wcnument; thence proceeding in a curve to the left a distance.of p j
221.00 feet.to a concrete monument; thence proceeding N 81°43'35.2" E e° r s 'srr
154.61 feet co a concrete monument; thence i' ti r proceeding ir. a curve to the 1 } Y
left a distance of 155.46 feet to a concrete monument; thence proceeding
N 45°44'18.8" E 312.55 feet co a concrete monument; thence proceeding "` `' ox ` �i
N 52°46'57" E 141.19 feet to a. concrete monument; thence proceeding _ 4
N 84°12.'27" E.7.33 feet to the iron pin marking the point or place of s l.40W:
beginning. 'x`
;n F+. g
included with this conveyance are all improvements located within, * , �&v,.F},i
over, or under said roadway strip including, but not by wal of limitation; t ,...�a a
paving, eubb'ing, base preparations, hydrants, all utility mains and appur- a ;a Y`'-.
rrr z
tenances thereto, sidewalks. By acceptance and recordation of this deed in
the South Burlington Land Records, Grantee acknowledges that Grantor has h;
fully satisfied the requirements of the City in constructing said improve- M• 7* �'w�,6i¢
meets, that same were constructed properly in compliance with City codes n
® and regulaticns,..and that Grantee ie accepting said improvements in their , -,04--er rr-
"as is" condition. z. 1'y"'
r
�`�k,r i H ' 4
• v� t it+i°'p,% r ly
t'' y 4" ;+ ir,'
•
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k '
rn fir
w
ya °'.;d�� 40 t'15 rah.t t'
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Vg1._214 I
Page 56 .
c • c . .
•
The property conveyed herein is a small portion of the land and
•
premises conveyed to the within Grantor by (1) deed of Mary Barbara Maher
and James J. McNamara, Co-guardians of the Estate of-Thelma E. Tilly, dated
September 8, 1978 and recorded in Volume 143 at Pages 274-276 of the South
. Burlington City Land.Records and/or (2) deed of Daniel J. O'Brien And Leo
O'Brien, Jr. dated October 4, 1985, and recorded in Volume'_ at-"Pages
of the South Burlington City Land Records.
Country Park Associates joins in the conveyance of the above described JJ
property to convey all its right, title and interest-in and to a small door 51 w4
portion of said strip of land which lies adjacent co Hinesburg Road where ^ 1R
, the within Conveyed strip of land intersects said Hinesburg Road. jam, C.
Reference is hereby made to the above-mentioned instrun nts, the p'( I '
records thereof and the references therein contained in further aid of this
description.
. [PS13U)
j
Vol 214 '
Page 57.
Qti ham. 2Utl .tv, ',till, said granted premises, it t all the privileges and ap-
purtenances thereof,-...) the said Grantee
CITY OF SOUTH BURLINGTON, a municipal corporation, its successors
• k>sirecand assigns, to their own use and behoof forever;
And the said Grantor
O'BRIEN BROTHERS AGENCY; INC.
successors
for -itself and its / }hniXb,
executors and-administrators,.does covenant with the said Grantee
CITY OF SOUTH BURLINGTON, its successors
tialVand assigns, that until the ensealing of these presents: it is
.the sole owner of the premises, and have good right and title to convey the same in •
manner aforesaid, that they are :Free frout rUrru rurtintUranrr;
except as above-mentioned, and it does •
hereby engage to 311;trrattt ttitd nefeitil the same against all lawful claims •
whatever, `except.-as aforesaid. -
•
a duly authorized agent of O'BRIEN BROTHERS AGENCY, INC.. •
Jti 333itttrss 3111Irrruf, / hereunto sets his hand and seal '
this 4th day of October A. D.. 1985
•
•
•
TlItt 33resettcr of •O'BRIEN BROTHERS AGENCY, INC. .
Its Duly.iuthorii:ed Agent •
F'f,Fu3.
•
am:
•
. >«1. •
•
tatr of 3arrutattt, 59. At aplin ton. this
Chittenden �,Utttlttt 4th clary o� October A. D. 19 85.
Daniel J. O'Brien, President and Duly Authorized Agent of O'BRIE: BROTHERS AGENCY,
•
. RPsOnaliy appeared, and he acknowledged this instrument, by
him sealed and subscribed, to be his free act and deed, and th
free act and deed of O'BRIEN BROTHERS AGENCY, INC.
Before me
Notary Public
(Title)
•
•
•
Received for Record October 18, 1985 at 1 : 40 p.r.
�-� • • Attest �.1< •C
Y CLERK
Page 1 of 2
ray
From: Will Flender[WFlender@firmspf.com] �
Sent: Friday, August 13, 2010 2:40 PM
To: ray
Subject: RE: Hayes Ave.
Just to be safe, it's best to get Council authorization for the acceptance. It may not be necessary but better to
cautious.
From: ray [mailto:rbelair@sburl.com]
Sent: Friday, August 13, 2010 2:15 PM
To: Will Flender
Subject: RE: Hayes Ave.
I don't know if the Council authorized acceptance or not. The street was built about 25 years ago and the City
has been treating it as a City street since it was completed.
Ray Belair
Administrative Officer
City of So. Burlington
802-846-4106
From: Will Flender [mailto:WFlender@firmspf.com]
Sent: Friday, August 13, 2010 11:54 AM
To: ray
Subject: RE: Hayes Ave.
Did you tell me that the City Council had previously authorized the acceptance of Hayes Ave? If not, this should
probably go to the Council for approval, like any street acceptance.
From: ray [mailto:rbelair@sburl.com]
Sent: Friday, August 13, 2010 11:43 AM
To: Will Flender
Subject: Hayes Ave.
Hi Will,
I just met with the City Manager and told him that you had no problem with us recording the deed for Hayes Ave.
He asked if I could get that in an email. Could you please send such a note? Thanks.
Ray Belair
Administrative Officer
8/18/2010
Page 1 of 1
ray
From: Justin Rabidoux
Sent: Wednesday, August 18, 2010 8:04 AM
To: ray
Subject: Hayes Avenue
Ray,
The Department of Public Works has no objection to the City formally accepting Hayes Avenue. We've been
operating as if the City's owned it for decades so making it official will not have a negative impact on our
maintenance operations.
JUSTIN RABIDOUX
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
V ram
mil
Iii
.,
CITY OF SOUTH BURLINGTON
575 DORSET STREET
SOUTH BURLINGTON. vr 05403
(802) 658-7961
JRABIDOUX@SBURL.COM
WWW.SBURL.COM
8/18/2010
4
(S\ZMCKEE, GIULIANI & CLEVELAND 1
A PROFESSIONAL CORPORATION \
ATTORNEYS AT LAW
P.O.BOX 1455
MONTPELIER,VERMONT 05601-1455
J.PAUL GIULIANI PETER GIULIANI(1907-1998)
GEORGIANA O.MIRANDA(NY AND VT) TELEPHONE:(802)223-3479 W.EDSON McKEE(1923-1999)
GLORIA K.RICE FAX(802)223-0247 ALDEN GUILD(RET.)
JOHN P.RILEY
GLENN C.HOWLAND OF COUNSEL
FREDERICK G.CLEVELAND
ELIZABETH H.MAGILL
OFFICES AT:
TD BANKNORTH BUILDING
July 19, 2010 94 MAIN STREET,2ND FLOOR
MONTPELIER,VT 05602
TO: Participating Municipalities
FROM: J. Paul Giuliani
RE: Vermont Municipal Bond Bank Refunding
On July 15, 2010, the Vermont Municipal Bond Bank issued and sold $40,750,000
of 2010 Series 4 refunding bonds for the purpose of providing debt service reductions to a
number of Vermont municipalities whose bonds had been sold to the Bond Bank in 2000 and
2001. Attached to this memorandum is a copy of your municipality's revised debt service
schedule showing the savings to be realized. Your bond payments due on each December
1 will be reduced by the savings credit amount shown on that schedule.
In order to take advantage of these debt service savings,the following action must be
taken expeditiously:
(1) The enclosed Municipality Certificate as to Municipal Bond should be
approved at a regular or special meeting of your legislative body. It must be dated and
signed by all or a majority of the legislative body and the Treasurer. Note that if an
Arbitrage and Use of Proceeds Certificate or Tax Certificate is attached,please do not
detach.
(2) The enclosed IRS Form 8038-G, must be dated and signed by the Treasurer.
Please enter or verify the Municipality's federal employer identification number on
line 2.
(3) Copies of the enclosed materials, executed as outlined above, should be placed
in your records that relate to the Municipal Bond that is being refunded.
(4) The executed Municipality Certificate as to Municipal Bond and Form 8038-G
should be sent to me by mail, fax or e-mail attachment as soon as possible. Due to
constraints placed on the Bond Bank by the Internal Revenue Code, it is essential that
I receive the Certificate and Form 8038-G no later than Septembers 2010.
01.
Please do not hesitate to call me at the office or at home (223-2185) if you have
any questions regarding this refunding, or communicate with me via e-mail:
jpglaw@comcast.net.
VERMONT MUNICIPAL BOND BANK
SERIES 2010-4 REFUNDING BONDS
(2000-1)
Municipality Certificate as to Municipal Bond
We,the Treasurer and at least a majority of the City Council of the City of South
Burlington(the "Municipality")HEREBY CERTIFY as follows:
1. Reference is made to the Tax Certificate or Arbitrage and Use of Proceeds
Certificate, including Schedule A-2, and IRC Section 148 Certification(the "Prior Certificates")
given in connection with a certain "Municipal Bond(s)" as defined in the Prior Certificates. The
co certifications,-representations and warranties made hi the Prior Certificates with
respect to each-Municipal Bond and the project financed by the proceeds thereof continue to be
accurate and complete in all material respects and the Municipality expects to continue to comply
with the covenants in the Prior Certificates.
2. As to expectations expressed in the Prior Certificates concerning events that were
to occur prior to the date of this Certificate, such expectations have been fulfilled in all material
respects. All of the proceeds and earnings on the proceeds of each Municipal Bond have been
spent substantially in accordance with such expectations.
3. As to expectations in the Prior Certificates relating to periods that have not yet
occurred, such expectations (and the representations and covenants on which such expectations
were based) are hereby ratified and confirmed as of the date of this Certificate.
4. Also attached hereto is a new Internal Revenue Service Form 8038-G executed by
the Treasurer of the Municipality. The information set forth in said Form is accurate and
complete to the best of our knowledge. We have been instructed by the Vermont Municipal
Bond Bank and bond counsel that each Municipal Bond is now treated as a "refunding bond" as
of the date hereof for purposes of Form 8038-G.
5. With respect to each Loan Agreement between the Municipality and the Vermont
Municipal Bond Bank(the "Bond Bank"), and all amendments thereto,under which each
Municipal Bond was issued, within thirty (30) days following a request by the Bond Bank,the
Municipality agrees to furnish the Bond Bank with its most recent financial statements,
explanatory notes and other financial and operating information as the Bond Bank may request.
In addition,the Municipality agrees to notify the Bond Bank immediately of any material event
which has or may have an effect upon it financial condition or it ability to perform fully and
timely any covenant, obligation or undertaking set forth in each Loan Agreement or each
Municipal Bond. As used in this paragraph, a material event is any one of the following:
(a) Actual or anticipated delinquency or default of payment of principal or interest on
each Municipal Bond or any other debt obligation of the Municipality;
(b) Any actual or anticipated default or breach on the part of the Municipality with
respect to any term or provision of each Loan Agreement or like agreement to which the
Municipality is a party; or
(c) Any release, substitution or sale of property securing repayment of each Municipal
Bond.
6. No portion of the proceeds of each Municipal Bond have been or will be invested,
directly or indirectly, in Federally insured deposits or accounts other than(A) investments of
unexpended Municipal Bond proceeds for an initial temporary period until the proceeds are or
were needed for the Project, and (B) investment of a debt service fund.
7. With respect to any amounts received from condemnation, insurance, or
disposition of any part of the Project financed by each Municipal Bond or any other amounts set
aside by the Municipality, which are or were pledged to, expected to be used or used for the
payment of debt service on each Municipal Bond,the Municipality will so notify the Bond Bank
ald:v 11 cithei-invest such amounts in obligations of the State of ermom or Omer`',tate or of any
political subdivision thereof, the interest on which is exempt from Federal income taxation
pursuant to Section 103 of the Internal Revenue Code of 1986, invest such amounts in
obligations having a yield that is less than the lesser of the Municipal Bond or the Bond Bank
Bonds, or comply with the provisions of any Accounting Memorandum attached to the Prior
Certificates, unless specifically advised in writing to the contrary by the Vermont Municipal
Bond Bank.
8. The Project financed by each Municipal Bond is and will be owned by the
Municipality and will not be leased to any person who is not a state or local government unit.
The Municipality has not and will not enter into any contracts or other arrangements, including
without limitation, management contracts, capacity guarantee contracts,take or pay contracts or
put or pay contracts,pursuant to which such persons have a right to use or make use of the
Project on a basis not available to members of the general public.
IN WITNESS WHEREOF, we have hereunto set our hands on behalf of the
Municipality this_day of , 2010.
CITY OF SOUTH BURLINGTON
By:
All or a majority of its City Council
And By:
Its Treasurer
[5115-44]
FINAL SAVINGS ANALYSIS
City of South Burlin.ton
Loan
Loan Coupon Annual Savings Adjusted
Date Principal (Yield) Interest P&I P&I Allocation Debt Service
12/01/10 120,000.00 4.9740% 35,438.40 155,438.40 155,438.40 155,438.40
06/01/11 32,454.00 32,454.00 32,454.00
12/01/11 120,000.00 5.0540°A, 32,454.00 152,454.00 184,908.00 152,454.00
06/01/12 29,421.60 29,421.60 29,421.60
12/01/12 120,000.00 5.1540% 29,421.60 149,421.60 178,843.20 149,421.60
06/01/13 26,329.20 26,329.20 26,329.20
12/01/13 120,000.00 5.2440% 26,329.20 146,329.20 172,658.40 146,329.20
06/01/14 23,182.80 23,182.80 23,182.80
12/01/14 120,000.00 5.3440% 23,182.80 143,182.80 166,365.60 143,182.80
06/01/15 19,976.40 19,976.40 19,976.40
12/01/15 120.000.00 5.4140% 19,976.40 139,976.40 159,952.80 139,976.40
06/01/16 16,728.00 16,728.00 16,728.00
12/01/16 120.000.00 5.4840% 16,728.00 136,728.00 153,456.00 33,161.93 103,566.07
06/01/17 13,437.60 13,437.60 13,437.60 '
12/01/17 120.000.00 5.5440% 13,437.60 133,437.60 146,875.20 33,929.87 99,507.73
•
06/01/18 10,111.20 10,111.20 10,111.20
12/01/18 120,000.00 5.5840% 10,111.20 130,111.20 140,222.40 27,291.50 102,819.70
•
06/01/19 6,760.80 6,760.80 6,760.80
12/01/19 120,000.00 5.6240% 6,760.80 126,760.80 133,521.60 28,050.39 98,710.41
06/01/20 3,386.40 3,386.40 3,386.40
12/01/20 120,000.00 5.6440% 3,386.40 123,386.40 126,772.80 8,362.36 115,024.04
06/01/21
12/01/21
06/01/22
12/01/22
06/01/23
12/01/23
06/01/24
12/01/24
06/01/25
12/01/25
06/01/26
12/01/26
06/01/27
12/01/27
06/01/28
12/01/28
06/01/29
12/01/29
06/01/30
12/01/30
06/01/31
12/01/31
06/01/32
12/01/32
06/01/33
12/01/33
06/01/34
12/01/34
06/01/35
12/01/35
06/01/36
12/01/36
06/01/37
12/01/37
06/01/38
1,320,000.00 399,014.40 1,719,014.40 1,719,014.40 130,796.05 1,588,218.35
Prepared by:Citi
1101J-
CITY OF SOUTH BURLINGTON
ENTERTAINMENT LICENSE APPLICATION
Type of Application nnual Permit
Special Event Permit
Date of Application:
Name of Establishment: 1 t ALS f— nn NLo-Ftwo Ghr46 }G
Address of Establishment: ryc I wafa &Ater kO FPvyv S\ 1 -±
Name and Address of Owner:
N4k
Name and- Address of Operator:
`-49/aa
Complete Description of Show:
Tirt l r k to ASS is i tVttatGv��ly� +nfi (r t cef p_i
-i COter-W.-1/OW IS t`Y ?ait rf to Acts c ( cca
.50voi4 5t-tErkVY1 v cikk MAA.S1c:, etAAA k MAAS1CAi A in.
Date( s ) of Show and Hour(s ) of Operator:
Date( s) v144Ai Stfirtwitan 214, y 7,c3(b
Hour( s) f 0;:0 P,vk -- r v'^ (a o to (tut Yon OtAt bi- `fie tA.:l t ai e h o.)
Security_Provisions :
NI) Pc
As applicant, I have read and understand the provision of the
South Burlington Ordinance Regarding Licensure of Regulation of
Circuses, Carnivals and Other Shows . I also understand that only
the specific type of entertainment applied for in this license is
permitted and that additional types of entertainment will require
an additional application. A _
Signatui
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Gcbosk Address'550 Dorset St Notes Walk South O Sidewalk from
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Client#:42045 AMYOLATE
ACORII CERTIFICATE OF LIABILITY INSURANCE D�1 12�1¢YY")
ITHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.if SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER N°A T Mary O'Connor
(C)Wharton/Lyon&Lyon PHONE 973 992-5775 FALX 9739926660
WC,No.Ext): (AC,No):
101 S.Livingston Avenue E-MAIL ss: maconnor@wh rtoninsurance_cotn
Livingston,NJ 07Q39 PRODUCER cusTO AMYOLATE
MtER 1D#:'
973 992-5775 INSURER(S}AF:oRDINs COVERAGE NAIC#
INSURED INSURER A:Philadelphia Insurance Co_ 23850
Amyotrophic Lateral Sclerosis Assoc. INSURER e:
27001 Agoura Road,Suite 250 INSURER C:
Calabasas Hills,CA 91301 INSURER D:
INSURER E:
INSURER.F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
`INSR DDL SUER DLICY EFF POLICY EXP LIMITS
7 TR TYPE OF INSURANCE 1NSR O POLICY NUMBER MrY31NYYYY) If LICOIYYYYI
A GENERAL LIABILITY PHPK551236 04101/2010 04101/2011 EA (OCCURRENCE $1,000,000
DAMAGE TO RENTED
X COMMERCIAL GENERAL LIABILITY PREMISES?Ea occurrence) $100,000
CLAIMS-MADE X OCCUR MED EY,P(Any one person) $10,000
PERSONAL&ADV PIJU?Y $1,000,000
GENERAL AGGREGATE _ $2,000,000 _
GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000
O-
Al POLICY IF T LOC $
I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
(Ea a ideni)
ANY AUTO BODILY INJURY(Per person). $
ALL OWNED AUTOS BODILY INJURY(Per accident) $
SCHEDULED AUTOS PROPERTY DAMAGE" $
HIRED AUTOS (Per accident)
$
NON-OWNED AUTOS
$
A XI UMBRELLA LIAB X OCCUR PHUB267849 04101/2010 04/01/2011 EACH OCCURRENCE ,$5,000,000
EXCESS LIAB CLAIMS-MADE
AGGREGATE $5,000,000
DEDUCTIBLE
XI RETENTION $ 10000 $
WORKERS COMPENSATION f WVC STATU- GTH-
I76RY I IMRS �R
AND EMPLOYERS'LIABILITY Y I N
ANY PROPRIETORIPARTNER/EXECUTIVEn E.L.EACH ACCIDENT $
OFFICERfMEMBEREXCLUDE? N'A E.L.DISEASE-EA EMPLOYEE$
(Mandatory in NH)
If yes,describe under E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS LOCATIONS f VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more apace is required)
Re:Walk to Defeat ALS on September 26,2010 at Dorset Park for the ALS Northern New England Chapter
City of South Burlington is named as Additional Insured under General Liability
CERTIFICATE HOLDER CANCELLATION
r
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
City of South Burlington,So ACCORDANCE WITH THE POLICY PROVISIONS.
Burglington Recreations&Parks
Attu:Darla AUTHORIZED REPRESENTATPlE
575 Dorset St. �1" '- .
BLlrlirtcltor�VT 05403 a ''
et 1988-2009 ACORD CORPORATION.AR rights reserved.
ACORD 25(2009/09) 1 of$ The ACORD name and logo are registered marks of ACORD RdOC
#52185321M217204
Laura
From: Justin Rabidoux
Sent: Thursday, August 19, 2010 1:26 PM
To: Laura
Subject: RE: ALS Association walk 9/26/2010
I approve
From: Laura
Sent: Thursday, August 19, 2010 1:18 PM
To: Trevor Whipple; Doug Brent; Justin Rabidoux; ray
Subject: ALS Association walk 9/26/2010
Please look over and approve/disapprove
Thanks,
Laura
( The insurance note at the bottom is for me)
00
Laura Kimball
Deputy City Clerk
City of South Burlington
575 Dorset Street
South Burlington,Vt. 05403
lkimball@sburl.com
1
Laura
From: ray
Sent: Thursday, August 19, 2010 1:53 PM
To: Laura; 'Trevor Whipple'; Doug Brent; Justin Rabidoux
Subject: RE: ALS Association walk 9/26/2010
No zoning issues.
Ray Belair
Administrative Officer
City of So. Burlington
802-846-4106
From: Laura
Sent: Thursday, August 19, 2010 1:18 PM
To: Trevor Whipple; Doug Brent; Justin Rabidoux; ray
Subject: ALS Association walk 9/26/2010
Please look over and approve/disapprove
Thanks,
Laura
( The insurance note at the bottom is for me)
. *&am k 2
-41 , \. -
ItV4
Laura Kimball
Deputy City Clerk
City of South Burlington
575 Dorset Street
South Burlington, Vt. 05403
lkimball@sburl.com
1
Laura
From: Doug Brent
Sent: Thursday, August 19, 2010 2:15 PM
To: Laura
Subject: RE: ALS Association walk 9/26/2010
laura -OK from fire dept.
Doug
From: Laura
Sent: Thu 8/19/2010 1:18 PM
To: Trevor Whipple; Doug Brent; Justin Rabidoux; ray
Subject: ALS Association walk 9/26/2010
Please look over and approve/disapprove
Thanks,
Laura
(The insurance note at the bottom is for me)
s
1
Laura Kimball
Deputy City Clerk
City of South Burlington
575 Dorset Street
South Burlington, Vt. 05403
lkimball@sburl.com
1
Laura
From: Trevor Whipple [twhipple@sbpdvt.org]
Sent: Thursday, August 19, 2010 7:43 PM
To: Laura; Doug Brent; Justin Rabidoux; ray
Subject: RE: ALS Association walk 9/26/2010
No issue for the police.
Approved.
From: Laura [mailto:lkimball@sburl.com] _ . m
Sent: Thu 8/19/2010 1:18 PM
To: Trevor Whipple; Doug Brent; Justin Rabidoux; ray
Subject: ALS Association walk 9/26/2010
Please look over and approve/disapprove
Thanks,
Laura
(The insurance note at the bottom is for me)
Nfir
040
Laura Kimball
Deputy City Clerk
City of South Burlington
575 Dorset Street
South Burlington,Vt. 05403
lkimball@sburl.com
1
JLadd
From: Stephen Dates [sdates@comcast.net]
Sent: Thursday, September 02, 2010 3:59 PM
To: Cathyann LaRose; Tom Hubbard; Paul Conner; JLadd; Sandy Miller
Cc: Jonathan Miller; Beth Thorpe; Russell; marie.ambusk@ge.com; cerulean171 @comcast.net;
bmilizia@comcast.net
Subject: Re:
Cathyann, I have recently accepted an appointment to head the northeast district of a non-profit (to
be named publicly later). Unfortunately, this will prevent me from continuing my membership on the
South Burlington Natural Resources Committee. Please convey my thanks as well as my congrats
for some great work they have done on the Dorset Park to the other members at tonight's meeting.
Best of luck as you go forward. Thanks. Steve
Stephen Dates
145 South Pointe Drive
South Burlington, VT 05403
(802)-658-4061 (Home)
(802)-734-3744 (cell)
sdates@comcast.net
Original Message
From: Cathyann LaRose
To: Tom Hubbard ; Paul Conner ; JLadd ; Sandy Miller
Cc: Jonathan Miller ; Beth Thorpe ; Russell ; marie.ambusk(cr�ige.com ; cerulean171 @comcast.net ; sdates@comcast.net
; bmilizia(a�comcast.net
Sent: Tuesday, August 24, 2010 4:12 PM
Please find attached an invitation to join us in the dedication of the Schuele Family Picnic Area. As you may know, Bill
and Ethel Schuele were formally recognized by the City Council last fall for their service to the City of South Burlington,
having together served on several committees, for a combined total of more than 80 years, and with results such as the
formation of the Natural Resources Committee and purchase of Red Rocks Park. It would be wonderful if you could join
us in a short but meaningful dedication to their labors. Please pass this on to any of your committee members or
colleagues that you feel may be interested in sharing this recognition.
Thank you,
Cathyann
Cathyann L. LaRose,AICP
Associate Planner
et"Fla' ..
City of South Burlington
575 Dorset Street
South Burlington,VT 05403
Ph:802.846.4106
clarose@sburl.com
1
www.sburl,com/planning
2
CITY COUNCIL 17 August 2010
The South Burlington City Council held a regular meeting on Tuesday, 17 August
2010, at 7:00 p.m., in the Conference Room, South Burlington Police Station, 19
Gregory Drive.
Members Present: M. Boucher, Chair; S. Dooley, M. Emery, J. Knapp, F.Murray
Also Present: S. Miller, City Manager; S. Stitzel, City Attorney; P. Conner, Director of
Planning & Zoning; R. Kay, C. Shaw, M. Beaudin, L. Fife, J. Clark, Planning
Commission; J. Rabidoux, Public Works Director; L. Llewellyn, S. Dopp, E. Farrell, B.
Smyle, R. Greco, M. Young, P. Nowak, A. Cliff, C. Smith, L. Bresee, J. Floyd, S. Fox, S.
Russell, D. Fleming, J. Pasakow, J. Kochman, T. Reihle, E. Robitaille, E. Robenstein, D.
O'Rourke, J. Stuart, J. Jewett, D. Seff, M. .Scrotkin, other community members
1. Comments & Questions from the Audience not related to Agenda items:
Mr. Young asked if the city is conducting a full audit of the books. Mr. Boucher said
there is a full audit every year, and the Council will be speaking to the auditor to be sure
there is a high level of diligence.
Mr. Young said he understood things are in motion to address the shortfall. He asked if
the community will have a chance to vote on what is decided. Mr. Boucher said the
Council would like to get a lot of ideas and possibly put an advisory question on the
November ballot. There could then be a definite plan on the March ballot. Mr. Miller
added that things that involve collective bargaining are not likely to be put to the voters.
He added that to the extent that the budget identifies a tax rate, the voters will have a
vote. Mr. Boucher added that there will also be a lot of discussion in open meetings.
Mr. Stuart moved that as of June 30, 2007, the unfunded liability was $4.1MM, and it is
now $9 MM. He asked whether benefits have changed over that time. Council members
said they have. Mr. Miller said the city plans to invite experts in to meet with the
Council. He noted that some of the problems in 2008-9 were because of market
conditions and some because of changes in benefits. Mr. Miller also noted there has been
a rebound since 2009 of about $2MM. He said they do not yet know how much of that
unfunded amount is erased by the $2MM. That will be known in October. Mr. Miller
advised that all future audits will be on the website.
A member of the audience said she was appreciative that the Council has jumped right on
this. She was also thankful to those with public safety jobs and felt they should be well
compensated. She questioned how the city got to the level of benefits they are now at.
She noted that when employees get to Social Security time, they will be getting more in
benefits than they were earning. She asked about the process the city uses to deal with
changes in the pension plan to be sure they are both adequate and affordable.
CITY COUNCIL
17 AUGUST 2010
PAGE 2
Mr. Miller said these things are usually collectively bargained. He added that a number
of years ago both parties agreed on a number of changes. Mr. Miller said he felt that
prior to changes in benefits, the city should know the cost of those benefits, and it was
clear to him that this was not the case when the changes occurred. He also stressed that
market fluctuations can also affect things; however, when things got below 80%, the City
Council should have been notified for possible action. The plan now is to find out the
rest of the information. Mr. Miller noted that actuaries are very interested in meeting
with the city, and an attempt is being made to find a date that works.
Mr. Smith said that yesterday's Free Press said that government employees in general
earn twice as much as other employees. This is not just South Burlington's problem; it is
nationwide. He added that this is a wildly difficult area to plan for. He suggested that
when the city looks into this, they consider options other than pension plans in order to
avoid this situation in the future.
Mr. Miller said the question of sustainability is on everyone's mind. There are some
states that fully fund pension plans and have to keep putting in their money to fund the
plans. In the South Burlington instance, the City Council didn't know about the shortfall,
so it couldn't put in the money to fund it.
Mr. Miller added there is also a question of feasibility. The city has to collectively
bargain, and the unions give up the right to strike in exchange for mandatory arbitration.
The regulations require that the city's benefits have to be compared with benefits of other
entities. Mr. Miller said that to go from"defined benefit"to "defined contribution"is not
likely to happen.
Mr. Miller said they have already been talking with the unions regarding health benefits.
They have agreed to look at other defined benefits plans which could potentially save the
city money. Currently, only one plan for health insurance is offered city-wide, and two
are allowed. The city has called in people to outline an alternate plan.
Mr. Smith said the issue he sees is that all taxpayers are funding the cost of benefits and
salaries, and it seems insane not to put something on the table to talk about.
Mr. Boucher noted that statewide the teachers' pension is much underfunded. In the next
years, as "boomers"retire, this will become a major issue for the Legislature.
Ms. Nowak thanked Mr. Miller for his insights and for his openness.
CITY COUNCIL
17 AUGUST 2010
PAGE 3
la. Resolution of Honor for the Community Service of Albert"Sonny"
Audette:
Mr. Boucher read the resolution which honored Mr. Audette for the best qualities of
leadership and for helping to make South Burlington a better place.
Mr. Murray moved to approve the Resolution as presented. Ms. Emery seconded.
Motion passed unanimously.
2. Announcements & City Manager's Report:
Mr. Miller: He, Ms. Dooley, Mr. Conner, and Mr. Rabidoux attended a meeting on
UVM's new housing plan. This includes 400 units near the athletic complex. It will go
through the Burlington planning process. There was discussion on the handling of traffic.
Ms. Dooley noted there is a meeting tonight with the Burlington Neighborhood Assembly
and tomorrow with residents of the East Terrace neighborhood (7 p.m. in the Bostwick
Room). UVM's plan is for occupancy in August 2012.
He, Mr. Boucher, and Mr. Murray will be going to Montpelier to meet
with Jeb Spaulding regarding pension issues.
The RFP for audit proposals has been amended. It is on the website.
3. Approve Procedures for appointment to boards, committees, and
commissions:
Mr. Miller noted that the Council asked him to redraft procedures to allow for
background checks in certain situations.
Ms. Dooley moved to approve the procedures as presented. Ms. Emery seconded.
Motion passed unanimously.
4. Interview Applicants for Appointment to Boards, Committees and
Commissions:
The Council interviewed Sally Fox for appointment to the Correctional Facility Liaison
Committee:
Ms. Fox said she is relatively new to the city. She previously work for the Offenders Re-
entry Program in Burlington and spent a lot of time at the Correctional Center. She has
been through their volunteer training and had a lot of interface with state corrections
CITY COUNCIL
17 AUGUST 2010
PAGE 4
people, Burlington police, etc.
Ms. Dooley noted that Chief Whipple has said that the committee has met only about 3
times in the 4 years he has been in South Burlington. Ms. Fox felt there will be more
offenders in the community because of economic conditions. She suggested the
possibility of a"transition unit" where offenders work in the community and return to the
"unit" to live. She felt it was worthwhile to re-examine the committee's mission.
The Council then interviewed John Floyd for appointment to the Development Review
Board:
Mr. Floyd is a 28-year resident of South Burlington. He owns a company based in Essex.
He said he wants to see South Burlington be successful as a place for business and living.
Mr. Boucher asked how Mr. Floyd would balance what he personally feels with what the
regulations require. Mr. Floyd said he has been on the Sign Code Committee and has
dealt with that issue. He said the"code always wins."
Ms. Dooley cited the tension between things that are"waivable" and what residents feel
should happen and what the developer wants to have happen. She asked what Mr.
Floyd's approach would be. Mr. Floyd said he would look for what is best for the city as
a whole.
The Council interviewed Michael Scrotkin for appointment to the DRB, Planning
Commission, or Red Rocks Park Committee:
Mr. Scrotkin said he is new to the city (2004). He has enjoyed Red Rocks Park. The
DRB is his true interest. He is an attorney, getting near retirement. He has previously
served on the Essex Planning Commission and Zoning Board. He liked the individual
applications part of the job best.
In answer to Ms. Dooley's question to the previous candidate, Mr. Scrotkin said the first
thing you do is what the regulations call for. He added that both sides have rights, and
you can do a disservice to the city is something goes to court and a Board's decision gets
reversed.
The Council interviewed Jay Pasakow for appointment to the Library Board of Trustees:
Mr. Pasakow is a SBHS graduate. He is now a real estate agent. He believes a strong
library is an integral part of the community. He uses the city's library and would love to
see a stand-alone community library separate from the school library. He feels the joint
CITY COUNCIL
17 AUGUST 2010
PAGE 5
system has been"outgrown."
Ms. Dooley asked if Mr. Pasakow has any interest in fundraising for a separate library.
Mr. Pasakow said he does and has done that in the past through the Rotary for the
bandstand and for the Bookmobile.
The Council then interviewed Susan Russell for the Library Board of Trustees or Red
Rocks Park Committee:
Ms. Russell said now that she has a different schedule, she would like to do something
for the city. She uses the Library and would like to be sure that there are current reading
materials for everyone.
The Council interviewed Dan Fleming for the Planning Commission:
Mr. Fleming is a 24-year resident of the city and has been an executive manager of both
large and small companies. He is now a consultant. He felt the Planning Commission is
the place where he can use his skills and help the city get to a sound economic basis for
the future. His experience is in long-term planning.
Ms. Dooley asked if Mr. Fleming has a vision for the city. Mr. Fleming said he thinks
South Burlington is a great place to be, and his goal would be to keep it that way. He
also felt that with things changing in places around the city and state, the city would be
affected. He felt there has to be a predictable process that doesn't change and that
process should be simplified. Mr. Fleming noted that he is away from the city 10-12
weeks a year at unpredictable times.
The Council interviewed Roseann Greco for the Planning Commission, DRB, or Design
Review Committee:
Ms. Greco said she is retired from the military where she was in strategic intelligence.
She chose to live in South Burlington because of the way of life, particularly how the
natural environment is taken care of. She wants to conserve that way of life. She sees
the Comprehensive Plan as a way to refine things. She said she would lean toward the
conservation"side"rather than the development "side." She wouldn't want
"overdevelopment" to happen in South Burlington.
Ms. Dooley asked how Mr. Greco would approach decision in the DRB. Ms. Greco said
the regulations are there for a reason and she would lean toward that. When all things are
equal, she would go with the residents. She felt that smart planning provides greenery,
and you can't just concrete everything.
CITY COUNCIL
17 AUGUST 2010
PAGE 6
The Council interviewed Ted Reihle for the Planning Commission:
Mr. Reihle said he moved to the city 49 years ago and then lived in Burlington until 21
years ago. He has previously served in the State Legislature and Burlington City
Council. He was involved in the planning process for the Burlington waterfront. Mr.
Reihle said he has a real estate interest in the City Center and felt the area can become a
mixed use area.
The Council interviewed Jennifer Kochman for the Leisure Arts Committee:
Ms. Kochman is currently on the Committee and wants to continue to serve. She has
lived in the city for 23 years. She is interested in seeing that appropriate programs are
provided for people of all ages. She noted that the South Burlington Recreation
Department has the admiration of the whole state. Ms Kochman noted that the
Committee visited Milton to see how they use various spaces in their programs in order
to address the under serving of pre-schoolers and seniors. She hoped to see South
Burlington develop a space that reflects what the city is all about and something that
reflects the pride people have in the city.
The Council interviewed Elizabeth Robitaille for appointment to the Leisure Arts
Committee:
Ms. Robitaille said she is very involved in children's activities and would like a place in
the community where everyone could be served.
The Council interviewed Edie Robenstein for appointment to the Leisure Arts
Committee:
Ms. Robenstein has been a resident for 48 years and is retired from Fletcher Allen. She
has previously run programs in the city. She felt the Recreation Department is
"phenomenal" and that the schedule is jam-packed with things for everyone.
The Council interviewed Lou Bresee for reappointment to the Rec Path Committee:
Mr. Bresee has been on the Committee for"15 years or so" He reviewed the history of
the bridge over the wetland and noted they will come out $30,000-25,000 under budget.
Mr. Boucher noted that Mr. Bresee did a great job shepherding that project.
There will be additional interviews at a September meeting before appointments are
made.
CITY COUNCIL
17 AUGUST 2010
PAGE 7
5. Consider Rescinding Engagement Letter to Angolano & Company:
Mr. Miller felt this is a good opportunity to look at a possible different direction. He
added that the School Department has been made aware that this is on the agenda. It will
be on their agenda tomorrow night. Ms. Clift said the School Board really wants to
cooperate with the city. Mr. Miller said the city would involve the School Board in the
development of an RFP.
Mr. Stuart asked why the city is changing auditors. Mr. Boucher said the auditor's job is
to bring issues to the governing body's attention, and this did not happen. The situation
was not mentioned in the Management Letter. Mr. Boucher said he feels the "checks and
balances system" failed.
Ms. Emery asked if this would result in any cost to the city. Mr. Miller said it would not.
Mr. .Murray moved to rescind the engagement letter to Angolano & Company.
In the vote that followed, the motion passed unanimously.
6. Consider Blanket Authorization for the City Manager to sign Stormwater
Permits and ratify signatures following August 4th meeting:
Mr. Miller noted there are routine agreements the city has to enter into. Without those
agreements, there would be higher fees.
Mr. Stitzel explained the nature of the agreements and what the city will maintain. He
also explained that the city received short notice and without action, the fees would go
up. Mr. Stitzel said the agreements require the city to maintain only what is in the city's
right-of-way, nothing on private property.
Mr. Murray moved to approve the blanket authorization for the City Manager to sign
Stormwater Permits and to ratify signatures following the August 4 meeting. Ms. Dooley
seconded. Motion passed unanimously.
7. Discuss Planning Commission recommendation for the Southeast
Quadrant (SEQ) and Transfer of Development Rights (TDRs):
Mr. Boucher stressed that any issues concerning Spear Meadows are not within the City
Council's purview, and for the Council to become involved in that discussion would be a
violation of the law.
CITY COUNCIL
17 AUGUST 2010
PAGE 8
Mr. Stitzel noted that the City Council acts in a legislative capacity and the DRB acts in
an adjudicatory capacity. He said that in Vermont, a municipality has authority to do
only what the State has given them authority to do. The City Council has been conferred
certain regulatory tools. By Laws have to be adopted in a certain prescribed way (a
process that goes from the Planning Commission to the City Council). If the City
Council adopts something it has no authority to adopt, or adopts something in a manner
that is not authorized, that action is invalid. This applies to zoning bylaws, site plan
bylaws, subdivision bylaws, etc.
Mr. Stitzel continued by explaining the process for amending or appealing a by-law,
which is the same as the process for enacting a by law. There is no authority in state law
to impose a moratorium on a by-law or to suspend the operation of a by-law. There is an
abbreviated process for Interim By-laws, which requires 15 days notice. This process can
be used only in certain prescribed instances: to protect public health, safety, welfare, and
to provide for orderly physical and economic growth. This can be used only as an
"emergency"measure. The process further required that the municipality is currently
conducting or has undertaken action to conduct studies or is currently holding a hearing
for the purpose of considering a by-law, a comprehensive plan, or an amendment,
extension, or addition to a by-law or plan.
Mr. Stitzel noted that an interim by-law doesn't amend or appeal a by-law. It establishes
restrictions that are in addition to those contained in any other ordinance, by-law or
regulations.
Mr. Stitzel reviewed when interim by-laws were previous used in the city (1988, 1989,
1990 and 2005).
Mr. Kay then reviewed the draft of the Planning Commission's letter drafted at the last
Commission meeting. He explained that the Commission feels the city is in a good place
now.
Mr. Seff said he feels the TDR regulations is unconstitutional because there are no
criteria for how much additional density the DRB can approve from 1.2 to 4 per acre. He
felt the current by-law should be repealed and a new by-law be enacted that could
withstand a constitutional challenge.
Mr. Stitzel noted that repeal of a by-law cannot original with the City Council; it must
originate with the Planning Commission. The City Council does not have the authority to
direct the Planning Commission to do this.
Mr. Connor said there are standards for the TDR process. He said that part of the reason
City Council
17 AUGUST 2010
PAGE 9
the Planning Commission supports the regulation is that they have reviewed the standards
and these standards are among the strongest in the city. Mr. Conner added that the
regulations are consistent with regulations throughout the state.
Mr. Seff said he felt those standards are pre-existing standards for'A per acre. In 2006, a
new paragraph was added, saying that if you meet certain standards,you can go from 1.2
to 4 per acre. There are no standards given for that. Mr. Conner said the entire SEQ
regulations were rewritten in 2006, specifically with the TDR process in mind.
Mr. Stitzel said as he understands the regulations,you can use TDRs only in a PUD, so
all standards that apply to a PUD are applicable. The TDR process is not an independent
process.
Ms. Dooley asked if the TDR process has been looked at in light of the JAM Golf
decision. Mr. Stitzel said that has been done, and he saw no problem in light of the JAM
decision.
Ms. Dooley asked for numbers for various sub-districts in the SEQ. Mr. Conner showed
the different areas of the SEQ on the map. He said the"sending area"of the SEQ is
about 'A of the SEQ. The NR sub-district is 4/acre; VR is up to 8/acre(apx. 180 acres),
VC is 8/acre (apx. 21 acres), and NR Transition about 4/acre(82 acres).
Mr. Conner said the basic underlying number for the SEQ is 1.2/acre, which would result
in 3753 housing units, including what is already built(1721 built or approved as of last
year). This leaves 2032 left to be built(plus a small additional number for affordable
housing). Mr. Conner said the Planning Commission has looked at a balance between the
number of units that can be sent and the receiving areas to be sure that there is a proper
market for people to be able to do something with their land. Mr. Kay added that this
was agreed upon by the community at public meetings.
Mr. Conner said there is a little more land in receiving areas than there are units to be
sent because of constraints (e.g., wetlands) or in the event an applicant doesn't want to
build the maximum units allowed(e.g., they build only 9 so they don't have to go
through Act 250).
Ms. Dooley questioned whether the city might want to have different parts of the SEQ to
have different density levels. Mr. Conner noted that the most difficult thing the Planning
Commission faced in this process was where to put the density. Mr. Beaudin said the
idea was to preserve land for conservation, and this plan is the best the Commission has
been able to do to date. He added that"things change because conditions change."
CITY COUNCIL
17 AUGUST 2010
PAGE 10
Mr. Shaw said the primary consideration was the natural resources, which the
Commission took very seriously, also the economics. A homeowner should be able to
get the value from the land.
Ms. Dooley said she thought there could be areas for 2 or 3 per acre. Mr. Knapp said
they you are telling someone who could have 4 units today, that tomorrow they can have
only 2.
Ms. Emery felt there could be merit to transitional areas.
Mr. Conner said it gets back to the balance between sending and receiving areas. If this
is manipulated to an exact 50-50 balance, there will not be enough receiving areas and
some people will lose the economic value of their property.
Mr. Murray said this discussion is taking place because there are existing neighborhoods
being impacted by receiving areas and people are concerned that standards don't protect
their existing neighborhoods.
Mr. Farrell said this discussion began because of a project he proposes. He said the
people who are bringing the pressure haven't proven there is a problem, and there has
been no evidence presented to the Council that there is a negative impact. The land is
zoned at 4/acre, and it is being developed at 2.7/acre. There are numerous regulations to
insure the quality of development. He didn't want the city to spend its money to solve a
problem that doesn't exist. He stressed that what the city needs is housing that people
can afford, and the only way to get that is by density.
Ms. Dopp noted the Planning Commission is now re-doing the Comprehensive Plan and
will tackle the zoning regulations after that. She felt there is an opportunity to bring good
ideas to those discussions.
Mr. Boucher said that unless there is a specific urgent need, the Council can't enact
interim zoning. He suggested that people work with the Planning Commission to make
"tweaks"to improve the TDR process. Ms. Dooley said she would like to feel that way
but she felt there is resistance on the part of the Planning Commission to look at this.
Mr. Kay said if the Council wants the Commission to put this at the top of their list, tell
them not to work on affordable housing, not to work on the Airport area, not to work on
Cars to People, etc. He stressed that the Commission put years into the SEQ.
Ms. Clark said no one on the Commission is resisting considering changing anything.
They have received no specific suggestions; all they have heard is "throw it out the
CITY COUNCIL
17 AUGUST 2010
PAGE 11
window."
Mr. Knapp said he appreciates that the Planning Commission are all volunteers. He felt it
is important at the highest level they focus on what they can do to best serve the city.
They are now rewriting the Comprehensive Plan, which is very important. He felt the
Commission should assign its time the best way they can.
Mr. Kay said the Commission will continue to work on the Comprehensive Plan. He
noted that transitions have always been an issue, and if there are ways to make things
more predictable, the Commission is willing to look at them.
8. Consideration of Approval for Submittal of HUD Sustainable
Communities Regional Planning Grant:
Mr. Connor said the Regional Planning Commission and MPO, City of Burlington, and
Northwest Planning Commission have gotten together to look at sustainability and
housing and energy uses. There is a pot of funds available to local communities under
this grant for implementation. Regional Planning is asking for 90 hours of staff time over
3 years.
Mr. Miller said the motion would authorize him to sign a letter of intent for the 90 hours.
Mr. Murray moved to authorize the City Manager to sign a letter of intent for the 90
hours of staff time under the HUD Sustainable Communities Regional Planning Grant.
Ms. Dooley seconded. Motion passed unanimously.
9. Update on Sustainable Communities Grant Application:
Mr. Conner noted that at the Planning Commission meeting he asked how to insert such a
large project in the Commission's already full plate. He said they continue to support the
grant request with the understanding that some things get adjusted or put back.
Mr. Kay said the Commission is concerned with staff burn-out, and they decided to look
at things that could be pushed further out in time, especially things that aren't likely to
get funded.
10. Consideration of Amendment of Declaration for 19 Gregory Drive, A
Condominium:
Mr. Murray moved to approve the amendment as presented. Ms. Dooley seconded.
Motion passed unanimously.
CITY COUNCIL
17 AUGUST 2010
PAGE 12
11. Consideration of Appointment of Designated Official to Represent the
City as a Voting Delegate at the annual VLCT Annual Business Meeting:
Mr. Murray moved to appoint Ms. Dooley as voting delegate. Ms. Emery seconded.
Motion passed unanimously.
12. Review Development Review Board Agenda for 17 August 2010:
No issues were raised.
13. Review and Approve Minutes of City Council meetings of 19 July, 27
July, and 4 August:
Mr. Murray moved to approve the Minutes of 19 July, 27 July and 4 August 2010 as
written. Ms. Dooley seconded. Motion passed unanimously.
14. Sign Disbursement Orders:
Disbursement Orders were signed.
15. Executive Session:
Ms. Dooley moved the Council meet in executive session to discuss Personnel,
appointments, and contract negotiations and to resume regular session only for the
purpose of adjournment. Ms. Emery seconded. Motion passed unanimously.
16. Regular Session:
Council returned to regular session at 12:15am to reconvene, Wed. Aug 18 at 12:15pm.
As there was no further business Mr. Knapp moved for Council adjournment. Ms. Emery
seconded. Motion passed unanimously. Council adjourned at 12:16am.
17. Returned to Open Session:
Council returned to open session at 12:15pm, Wed. Aug. 18.
18. Executive Session:
Ms. Dooley moved the Council meet in executive session to discuss Personnel,
appointments, and contract negotiations and to resume regular session only for the
purpose of adjournment. Ms. Emery seconded. Motion passed unanimously. 16.
CITY COUNCIL
17 AUGUST 2010
PAGE 13
19. Regular Session:
Council returned to regular session at 2pm. As there was no further business Mr. Knapp
moved for Council adjournment. Ms. Emery seconded. Motion passed unanimously.
Council adjourned at 2:02pm.
Clerk