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Agenda - City Council - 09/20/2010
111 southburlington VERMONT AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall Conference Room 575 Dorset Street SOUTH BURLINGTON,VERMONT REGULAR MEETING 7:00 P.M. Monday, Sept 20, 2010 i 1. Comments and Questions from the public(not related to the Agenda). j 2. Announcements and City Manager's Report. 3. **Interview applicants for appointments to boards, commissions, and committees. 4. ***Adoption of Resolution Regarding Dog Park Rules and Regulation -Claire Williams & Joan Jarvis 1 5. ***Public Hearing on proposed Backyard Chickens Ordinance. Second reading of same. ✓ 6. ***Accept the resignation of Chris Cavin as City representative to the Winooski Valley Park District. t,40,r pv i t c ( -J 4-at ✓ 7. ***Accept the resignation of Charles Hafter as alternate to the Champlain Water District Board, effective immediately. 8. ***Discussion on Exit 12B and the City Comprehensive Plan. f 9. ***Review of Development Review Board agenda for Sept 21, 2010. ,j 10. ***Review and approve minutes from the regular meeting held September 7, 2010. l 11. Sign disbursement orders. 12. Consider entering executive session to discuss appointments to boards, commissions and committees, personnel, and contract negotiations. 13. Adjourn Respectfully Submitted: Sanford I. Miller, City Manager • RECEIVED Powell Orr & Bredice PLC SEP 12010 ATTORNEYS AT LAW V{>;Ne1l teddy&Sheahan Steven A.Bredice,Esq. e-n3ail: sbredice&a noblaw.net September 13,2010 - Joseph E. McNeil,Esq. McNeil,Leddy&Sheehan,P.C. CONFIDENTIAL PERSONNEL MATTER 271 South Union Street Burlington,Vermont 05401 Dear Joe: I write on behalf of Charles E.Hafter in response to an inquiry regarding his eligibility for a pension under the City of South Burlington Pension Plan(City Plan). Please accept this letter as a review of my current understanding of Mr. Hafter's relationship to the City Plan,an explanation as to how he was entered into the Plan and a description of how his employment contracts with the City evolved over time. By way of background,it should be noted that Mr.Hafter has been a member of the Plan for twenty years. He has been listed as a member on every annual Plan census beginning in 1991,and has received a personal statement of earned benefits every year since then. (See, e.g, Tab A, Participant Benefit Statement). As you know, this Plan is separate and distinct from the City's defei red compensation plan(ICMA—RC 457 Plan). It is very common for municipal employees to have these two retirement plans in their poi tfolio. In fact, the majority of South Burlington employees participate in both the ICMA and the City Plan as will be explained below. The 1989 contract: In negotiating his initial contract,Mr. Hafter requested that he be given the option of either a contribution to ICMA or of joining the City Plan The City Council agreed and the language setting forth the option of an ICMA contribution or participation in the City Plan is indeed contained in this contract. At this time,Mr. Hafter chose the ICMA option. However,sometime after the annual city audit in approximately 1990,Mr. Hafter was informed that because the City Plan had been adopted under federal pension regulations (ERISA),the Plan needed to include all full- time City employees as members,and could not include any opt-out provisions for individual employees. Mr.Hafter went to the City Council in executive session to discuss this information. The City Council agreed to continue to honor its contractual obligation to maintain the agreed-upon contributions to ICMA Plan but also understood the requirement that he be concurrently enrolled in the City Plan. Following the Council 401)Cornerstone Drive,Suite 2A0 Williston,Vermont 05495 Telephone: (802)878-1500 Facsimile: (802)878-1539 meeting,Mr. Halter was included in the Plan,and since that time,he has continually been included in the City Plan premium calculations. The 1992 contract: The 1992 contract continued the language from the original contract in regards to the purported choice between the ICMA and the City Plan,but failed to reflect the change in the status quo following the developments mentioned above. However,the parties engaged in a course of dealing that reflected Mr.Halter's participation in both plans. The 1998 contract:The next formal contract was written in 1998 following minor modifications in 1995. At this time,the"or"language regarding a choice between the ICMA and the City Plan was removed,since it bad not been a question of"choice"since 1991,at which point Mr. Hatter's retirement package was put on the same basis as all other city employees. Similarly,Mr. Halter's contract is silent as to vacation,sick leave, and health care,benefits which he has received without reservation in keeping with his status as a City employee. Consistent with this, only in the instances where Mr.Hafter's benefits differed from those extended to other City employees were they specifically mentioned in his contracts,e.g.his home purchase repayment plan or his permitted use of sick leave upon retirement. While the 1998 contract allowed Mr.Hafer to make contributions to"other retirement systems",this language merely reflected the possibility that private contributions by Mr.Hatter or his wife, Betty,could have exceeded the federal tax regulations for maximum 457 plan contributions,requiring them to open a second plan such as an IRA. It is clear that the"other"provision could not have been referring to the City Plan since Mr.Hatter was already a member. Moreover,the idea of a contribution of a specific amount to any defined benefit plan is meaningless and inconsistent with the funding of such a plan,which is set by actuarial estimates and changes yearly. The 2003 contract: Mr. Hafter's last complete contract rewrite was in 2003 and the contract was for seven years until his retirement in 2010. Following a performance evaluation in 2003,Mr. Hatter was asked by the City Council to present a list of contract enhancements in lieu of larger salary increases. Attached(at Tab B)is an e-mail Mr. Hatter sent to the City Council which documents those enhancements. This e-mail clearly reflects the understanding that Mr. Hatter was a member of both the ICMA and the City Plan. ad.at Paragraph 3). The margin notations reading"ok",made by Mr. Hafer at the time,indicate the Council's agreement to the respective provisions contained in this e-mail. The recitation of the City's promise to continue contributing to the ICMA plan does not supplant the de facto and de jure commitment to also provide him with retirement benefits pursuant to the City Plan. This is entirely consistent with the fact that all non-Public Safety employees in the City had the two plans. In fact,if the City Manager had not been a member of the City Plan,Mr. Hafter's retirement package would have been significantly behind that of all other City employees. Meanwhile,the City continued to fully fund both plans on Mr. Hatter's behalf,and provided him with periodic benefit statements reflecting this fact. 400 Cornerstone Drive,Suite 240 Williston,Vermont 05495 Telephone: (802)S78-1500 Facsimile: (802)S78-1539 I hope that this synopsis has clarified the history of Mr.Hafier's inclusion in the City Plan,a benefit upon which he reasonably relied for over twenty years as he and his family prepared their financial plans. Furthermore,Mr.Hafter's decisions on other negotiated contract tenns,and in declining expressions of interest from other communities at potentially higher salaries,were based on the City's provision to him of both plans. Clearly,deprivation of Mr.Halter's benefits under the City Plan in light of the above and also in light of his age and station in life would have a devastating effect on him,his v.ife and their family for their entire future. I thank you in advance for your consideration of the points raised in this letter and look forward to learning your thoughts at your soonest convenience. Until then,I remain, Very truly yours, Steven A.Bredice SATiiskt cc. Chuck. and Ikity ThL 4tft Cornerstone Drive,Suite 240 Williston,Vermont 05495 Telephone: ( t32)878-1500 Facsimile: (802)878-1539 TAB A . o.s o . . '. City of South Burlington _��t= 4 575 DORSET STREET u �� SOUTH BURLINGTON,VERMONT 05403 October 14, 2008 Memorandum to City of South Burlington Pensioners From: Denis Gravelin, Assistant City Manager Subject: Projected Pension Schedules Please find attached a copy of your Participation Statement providing an individual accounting of your status under the City's retirement plan. Please keep in mind that these calculations are estimates only and may differ from your actual benefit calculations at the time of separation. A quick reminder of the retirement forum on November 13, to review the City's pension plan and the ICMA deferred comp program. It is generally a good idea to review your beneficiary designee(s)and update as necessary to reflect changes in marital status, etc. Attached is a form for that use if necessary. As always, please Jet me know if you have any questions. CITY OF SOUTH BURLINGTON RETIREMENT INCOME PLAN NON-PUBLIC SAFETY EMPLOYEES PARTICIPANT BENEFIT STATEMENT AS OF DULY 1,2008 Participant: Hafter,C. As a participant in the City of South Burlington Retirement Income Plan, you will be entitled to benefits provided by the Plan. Following is the estimated amount of pension benefit to which you will become entitled to upon your retirement: Normal Retirement Date: 4/1/2015 Estimated Monthly Normal Retirement Benefit, Payable at your Normal Retirement Date: $3,969.00/month This estimated Normal Retirement Benefit is based upon your current level of compensation(as stated below) and your years of service at Normal Retirement Date. The actual benefit you will receive will be based upon your 3-year average salary and your years of service as of the date you terminate employment. The benefit you have earned to date,your Accrued Benefit,is based on your current years of service and 3-year average compensation(both as of 7/1/08). It is stated in terms of a monthly pension benefit payable over your lifetime commencing at your Normal Retirement Date: Monthly Accrued Benefit, Payable at your Normal Retirement Date: $2,768.00/month Percent Vested: 100% Vested Accrued Benefit: $2,768.00/month The information presented in this statement is an estimate based upon the following employee data: Date of Birth: 3/6/1950 Date of Employment: 5/1/1989 Date of Participation: 7/1/1991 Current Compensation Level: $8,750.00/month The final benefits that you will receive will be based upon your compensation history, years of service, actual retirement date and the Plan provisions in effect when you retire. Please contact the Plan Administrator(City of South Burlington) should you have any questions regarding this statement. EMPLOYEE BENEFITi41 STATEMENT F;r1 ,fP„6f Page 1 of 2 To: JCondos@aol.com Subject: Confidential and personal Cc: terry Sheehan <sheahan@adelphia.net>,"Stephen P. Magowan" <smagowan@gravelshea.com>,dorourke@essex.bpflegal.com,chris Smith <chriss@hbfs.com> To Ail: At the last executive session, Council provided me my annual evaluation and you asked me to be thinking about enhancements to my contract. Here are my thoughts: > 1. I am willing to extend the contract back to five years to 2008. ( In fact, if Council wants it might make sense to make it a seven-year contract to when I am 60 years old.See below.) The city manager contract has no real guarantees of continued employment, as the Council can dismiss the manager at any time, and the manager may also leave at any time. But it is certainly a symbolic commitment of Council and manager satisfaction in mutual performance. 2. Salary- Based upon past practise, the manager receives the same salary increase as is negotiated for the City Hall Association. With the rise in manager salaries around the nation, this may no O longer-be appropriate. However, I think that for the sake of organizational harmony, it is better to keep this tradition and enhance my contract in other ways. 3. Retirement- I am covered under the City Plan and the ICMA Section 457 plan. Currently the City contributes 12.5% of salary to ICMA-I think this is sufficient at this time. The City Hall Union dropped a demand for a benefit that the Police and Fire have; it is one I would like to add to my contract. ( Irony that if I negotiate a cheaper 0 retirement or lower salary increase, it effects me the same way.) That is, upon my retirement, the value of my unused sick leave will be put into a bank to pay for health insurance until exhausted. 4. Mortgage- Currently, I have about$35,000 left on the equity I owe South Burlington, under my contract 1 reimburse the City$125 per month. I am 53 and would like to think about retiring at 60, At 0 the same rate of contribution, I will contribute about$10,000 more, leaving a balance of$25,000, If the City were to write down my debt by$3575 per year for the next 7 years, 1 will have no remaining debt at age 60. That is equivalent to a 2.38 to 1 match. 5. Severance-My contract calls for 6 months severance pay, if 1 am fired or asked to resign ( except 0.7 for cause.) This was increased from 4 months about 5 years ago. ICMA now recommends that senior TAB B Page 2 of 2 managers have a 1 year pay severance agreement. I would like this. (The Williston manager has it.) 6. Auto- I am pleased with my car arrangement which is for a new lease every three years at a rate of $1500 down and$300 a month. The rate has never changed and my current Saturn lease is b $296 per month. An increase to$350 per month might be necessary when the lease runs out in July, 2004. 7. Supplemental insurance-Steve Magowan has mentioned the possibility of the City purchasing j/ a"nursing home" long-term care product for Betty and me. I would like to investigate this as a nice substantial benefit. 8. Health Care costs-limit employee contribution to 125% of highest amount paid my a city hall union member. This should be used for all department heads with their own association. 4'Y 9. Other items to remain as current. - - S a1b. kA -.u/`-( r Please discuss this request and respond to me. I will schedule time in exec session for Monday night for you to review. Thanks for your support. Chuck Hafter (- City Manager ' 3 south ANIMAL CONTROL CITY OF SOUTH BURLINGTON OFFICIAL DOG PARK USERS OF THIS DOG PARK DO SO AT THEIR OWN RISK FOR EVERYONE'S ENJOYMENT PLEASE OBSERVE THE FOLLOWING RULES: - PARK IS OPEN FROM 7AM UNTIL DUSK - KEEP DOGS LEASHED UNTIL INSIDE ENTRANCE GATE - DOGS PERMITTED OFF-LEASH INSIDE DESIGNATED FENCED AREAS ONLY - HANDLERS MUST ACCOMPANY DOG(S) INSIDE DESIGNATED AREA - ALL DOGS MUST HAVE VALID LICENSES AND VACCINATION TAGS - DOG(S) MUST BE REMOVED AT THE FIRST SIGN OF AGGRESSION - HANDLERS MUST KEEP DOG WITHIN SIGHT AND MAINTAIN APPROPRIATE CONTROL OVER DOG(S) BY VOICE, HAND, OR OTHER MEANS AND POSSESS A PHYSICAL RESTRAINT DEVICE - HANDLERS ARE RESPONSIBLE FOR FECES CLEAN-UP & DISPOSAL - HANDLERS ARE LIMITED TO TWO (2) DOGS AT A TIME IN DESIGNATED AREA AS REQUIRED BY LAW, DOG BITES ARE TO BE REPORTED TO THE SOUTH BURLINGTON POLICE DEPT. AT (802)846-4111 VICIOUS DOGS NOT PERMITTED, AS DEFINED BY SOUTH BURLINGTON ORDINANCE FOR THE CARE & CONTROL OF DOGS, SECTION 1.F NOT ALLOWED - DOGS UNDER SIX (6) MONTHS OF AGE, IN POOR HEALTH, OR IN HEAT - STUDDED COLLARS, PRONGED COLLARS, OR CHOKE COLLARS - DOGS OVER 30 LBS. IN THE SMALL DOG AREA - PERSONS UNDER THE AGE OF 12, UNLESS ACCOMPANIED BY AN ADULT - FOOD OR DRINKS VOLUNTEERS ARE NEEDED TO HELP MANAGE THIS AREA. PLEASE CALL SOUTH BURLINGTON PARKS AND RECREATION AT(802)846-4108 IF INTERESTED. WARNING: THIS AREA IS SUBJECT TO LOUD NOISE FROM AIRPORT AND AIRCRAFT AT VARIOUS TIMES OF DAY JLadd From: Jennifer Ely[jenniferely@wvpd.org] Sent: Thursday, September 16, 2010 1:31 PM To: JLadd Subject: FW: My future plans Janice, Thanks for your help. Jennifer From: CAVINTOM@aol.com [mailto:CAVINTOM@aol.com] � Sent: Thursday, September 10, 2009 8:39 AM To:jenniferely@wvpd.org; cduncanvt@gmail.com; mberry@essex.org; rmaia@smorgans.net; SAS@jcomail.com; SGILF@mcneilvt.com Cc: info@wvpd.org Subject: My future plans Hi everyone, I will see you all this evening but thought I should put this in writing. I am leaving the WVPD board. I have thought a long time about this decision and really hate to leave the board short handed. Sonja I hope you will take on the chair duties. Thank you. Chris Cavin Winooski Valley Park District owns and manages 16 public natural areas for use as "outdoor classrooms"by local schools and to be enjoyed by the general public. The purposes of the parks are for conservation, passive recreation and outd000r education. The Park District's headquarters are at the historic Ethan Allen Homestead in Burlington, Vermont. Serving: Burlington Colchester Essex Jericho So. Burlington Williston Winooski 1 JLadd From: Sandy Miller Sent: Thursday, September 09, 2010 8:26 AM To: JLadd Subject: FW: from CWD; Resignation as CWD alternate for South Burlington Attachments: September 14, 2010 Regular Meeting.pdf September 14, 2010 Regular Mee... FYI Sanford "Sandy" Miller Original Message From: Chuck Hafter [mailto:chafter@comcast.net] Sent: Thu 9/9/2010 8:25 AM To: Sandy Miller Subject: Fwd: from CWD; Resignation as CWD alternate for South Burlington Sear Sandy: The attached e-mail from Tracy Bessette reminds me that given the current circumstances, I should resign as the City appointed alternate to the Champlain Water District Board. Bill Szymanski is the elected representative. I served as the alternate this last year following his election. Bill never misses a meeting. I do not believe I have any further official appointments. You are probably aware of this, but he City Manager convenes the Chittenden Correctional Center Liaison Committee about twice a year. The committee meets and tours the jail facility. The Committee, listed in the annual report, meets with the Jail Superintendent to talk about any city/jail issues and to see if the City can provide any help for the facility. In the past, the committee has been successful in helping Corrections getting state grants to improve security fencing and obtain a new generator. The Superintendent has helped the storm water utility with obtaining use of state property for the Farrell Street storm water work. Chuck Hafter >From: "Tracy Bessette" <tracyb@cwd-h2o.org> >To: <deac@onioncity.com>, > "Al Voegele" <avoegele@town.colchester.vt.us>, > "Brian M. Palaia" <bpalaia@town.milton.vt.us>, > "Carol Barrett" <cjbarrett@onioncity.com>, > "CHERYL MOOMEY" <CMOOMEY@essex.org>, > "Cheryl Thomas" <jerichovtvillage@comcast.net>, > "Chuck Hafter" <chafter@comcast.net>, > "Colleen Haag" <chaag@shelburnevt.org>, > "David Crawford" <Dave@essexjunction.org>, > <dkinville@sburl.com>, > "John Cushing" <jcushing@town.milton.vt.us>, > "Kathy Smardon" <ksmardon@willistontown.com>, > "Patrick Scheidel" <pscheid@essex.org>, > "Paul Bohne" <pbohne@shelburnevt.org>, > "Pete Gadue" <petegadue@myfairpoint.net>, 1 JLadd From: Jonathan Miller[magichat76@hotmail.com] Sent: Friday, September 17, 2010 7:35 PM To: JLadd Subject: RE: Reminder for your interview with Council Monday night Hi Janice, Does the City Council only meet on Mondays? I ask because I definitely can't meet on any Monday night until the week of 10-25-10. I don't want to delay the process as I understand that the Council has a great deal to address right now yet I don't want my other obligations to jeopardize my current standing on the committee. When you reply can you call my cell phone at 734-1871. I ask because I cannot check my email at work monday. --Jonathan Miller Subject: Reminder for your interview with Council Monday night Date: Fri, 17 Sep 2010 14:04:59 -0400 From: jladd@sburl.com To: magichat76@hotmail.com Hi Jonathan, This is a reminder of your interview with City Council Monday night, Sept 20`h at 7pm. You are first on the agenda and the only one being interview so it should go pretty quickly. Let me know if you are unable to attend. I believe Council will be moving forward on Monday night to start making appointments to committees. Thank you, Janice£add Payroll/HR Admin/Wellness Coord. City of South Burlington 575 Dorset St South Burlington, VT 05403 i LEASE AGREEMENT This Lease Agreement is made this day of , 2010, between the City of Burlington, Vermont ("Lessor") and the City of South Burlington, Vermont("Lessee"). WITNESSETH: WHEREAS,the Lessor is the owner of three separate parcels of land in the City of South Burlington, known as 265, 285 and 287 Kirby Road (the "Premises"); and WHEREAS, Lessee has requested permission to use a portion of the Premises for a public park, to be known as the "South Burlington Dog Park;" and WHEREAS,that portion of the Premises to used as a public park is shown on an approved Site Plan entitled"South Burlington Dog Park Kirby Road South Burlington, Vermont,"prepared by Krebs & Lansing Consulting Engineers, Inc., dated May 13, 2010 (the "Site Plan"); and WHEREAS, the Site Plan, marked as Exhibit A and attached hereto, is hereby made a part of this Lease Agreement; and WHEREAS, Lessor desires to let and Lessee desires to lease that portion of the Premises described above for public park purposes; and WHEREAS, the parties wish to commit to writing their agreement relative to that portion of the Premises to be let and leased; NOW, THEREFORE, it is agreed as follows: 1. USE. Lessee shall utilize the Premises solely for public recreation purposes and will not construct any temporary or permanent buildings or any other improvements on the property, except as shown on the Site Plan, without the written consent of the Lessor. Lessee is authorized by this Agreement to use a single bay of the existing garage on the Premises for storage of tools and supplies. The Premises shall be kept by Lessee in a neat and orderly manner during the term of the Lease Agreement. 2. TERM. Subject to paragraph 9 below, this Lease Agreement shall be for a term of 5 years, commencing on August 1, 2010, and terminating on August 1, 2015. 3. LEASE FEE AND COSTS. Lessee shall pay to Lessor a fee of ten dollars plus other good and valuable consideration, receipt of which is hereby acknowledged. 4. PERMITS AND LICENSES. Lessee shall be responsible for paying the cost of obtaining, complying with, and keeping current any licenses or permits required of Lessor or Lessee in conjunction with the use of the Premises. 1 17. NOTICES: All notices required under this Lease Agreement shall be written as provided below: To the Lessee: Sanford Miller, City Manager City of South Burlington 575 Dorset Street South Burlington, VT 05403 To the Lessor: 18. PERFORMANCE. The failure of Lessor to insist upon a strict performance of any of the terms, conditions, and covenants herein shall not be deemed a waiver of any rights and/or remedies that Lessor may have and shall not be deemed a waiver of any subsequent breach or default in the terms, covenants, and conditions herein contained. 19. LAWS. This Lease Agreement shall be governed by the laws of the State of Vermont. 20. ENTIRE AGREEMENT. This Lease Agreement constitutes the entire agreement between the parties and shall supersede any and all other agreements or understandings, written or oral. 21. MODIFICATION OR AMENDMENT. This Lease Agreement may not be modified or amended except in writing signed by the parties hereto. IN WITNESS WHEREOF, the PARTIES hereunto set their hands and seals to duplicate copies of this Lease Agreement, each of which shall rank as an original. LESSEE IN THE PRESENCE OF: CITY OF SOUTH BURLINGTON cL . LCP cl By: /G a Sanford Miller, City Manager & Duly Authorized Agent Date; 9 '/`P • P O 3 / LO r September 15,2010 Ms. Martha Perego, ICMA Director of Ethics ICMA Professional Conduct Committee ICMA 777 North Capitol Street,NE, Ste. 500 Washington, DC 20002-4201 Re: ICMA Member Charles Halter Dear Ms. Perego: I write on behalf of the City Council of the City of South Burlington, Vermont. This communication represents a complaint under ICMA's Code of Ethics concerning the conduct of our former City Manager and ICMA member Charles Halter. We believe that Mr. Halter may well have violated Tenets 3,4, 5, 9 and 12 ICMA's Code of Ethics in connection with his failure to disclose to the City Council and to the citizens of South Burlington a significant underfunding of the City's defined benefit pension plan. We believe the seriousness of the matter is compounded as a result of benefit increases which were negotiated with unions representing City employees which increased the stress on the pension program. In this situation as well,the City believes that former City Manager Halter failed to meet his ICMA ethical responsibilities with regard to informing the City Council and the citizens of South Burlington as to the consequences that would result from increasing pension benefits to unionized and other employees. More specifically, it has recently been called to the attention of the City Council that the City's defined benefit pension program is less than 50%fully funded. This is a most serious matter in that without significant additional funding the plan will not be financially able to sustain the obligations the City has to those present employees who will be retiring in the future and expecting a pension benefit in accordance with the plan specifications. On information and belief,the City Council asserts that adequate information concerning the underfunding of the pension plan was regularly provided to Mr. Halter by the plan's actuaries. However,this critical information was not forwarded to the City Council or to the general public. Instead, Mr. Halter continuously reassured the City Council that the pension fund was in good standinggdditionally, there is reason to believe that Mr. Halter directed the preparation of the City's annual audit statements in a manner which obfuscated the extent to which the City's pension program was underfunded /b NTf �.. - /'✓v i �i� J,sAr,„tv-h-d}, Ms. Martha Perego, ICMA Director of Ethics ICMA Professional Conduct Committee ICMA September 15,2010 Page 2 Additionally,the City Council believes and asserts that Mr. Rafter knew or should have known that the underfunding level of the City's pension plan had regressed to the point that a remedial plan should have been developed and implemented. By way of illustration,the City Council notes that were this plan subject to direct regulation under ERISA, it would have been mandatory to freeze benefit levels and commence a plan of remediation once the funding level fell below 80%of full funding. /7V21 14 The City Council also believes and asserts that the former City Manager negotiated improved benefit levels with unionized South Burlington employees with the expectation and plan that he would also personally gain the benefit of such plan improvements as himself a member of such pension plan. The City Council believes that in accordance with ICMA's Rules of Procedure for Enforcement,the Director of Ethics should initiate an investigation and/or other appropriate proceedings to determine whether a violation of the Code of Ethics has occurred and, if so, appropriate sanctions under such Rules of Procedure for Enforcement should be imposed. The City Council stands willing to provide any additional information and detail concerning this complaint which is determined to be necessary or desirable for ICMA to form a conclusion concerning the cges nee herein. C.oh 7,4 o We look forward to your prompt and thorough consideration of this matter. Very truly yours, CITY OF SOUTH 31- ITGTON, VjR1vtQNT ly: City Council president, Duly Authorized 660546,1 c: City Council Members RECEIVED Powell Orr & Bredice PLC SEP 1 k 2010 ATTORNEYS AT LAW McNeil teddy&Sheehan Steven A.Bredice,Esq. e-mail: sbredice(i1poblaw.eet September 13,2010 Joseph E. McNeil,Esq. McNeil, Leddy&Sheehan,P.C. CONFIDENTIAL PERSONNEL MATTER 271 South Union Street Burlington,Vermont 05401 Dear Joe: I write on behalf of Charles E.Hafter in response to an inquiry regarding his eligibility for a pension under the City of South Burlington Pension Plan(City Plan). Please accept this letter as a review of my current understanding of Mr. Halter's relationship to the City Plan,an explanation as to how he was entered into the Plan and a description of how his employment contracts with the City evolved over time. By way of background,it should be noted that Mr.Halter has been a member of the Plan for twenty years. He has been listed as a member on every annual Plan census beginning in 1991,and has received a personal statement of earned benefits every year since then. (See, e.g, Tab A, Participant Benefit Statement). As you know,this Plan is separate and distinct from the City's deferred compensation plan(ICMA—RC 457 Plan). It is very common for municipal employees to have these two retirement plans in their portfolio. In fact,the majority of South Burlington employees participate in both the ICMA and the City Plan as will be explained below. The 1989 contract: In negotiating his initial contract,Mr. Haller requested that he be given the option of either a contribution to ICMA or of joining the City Plan. The City Council agreed and the language setting forth the option of an ICMA contribution or participation in the City Plan is indeed contained in this contract. At this time,Mr. Haller chose the ICMA option. However,sometime after the annual city audit in approximately 1990,Mr. Halter was informed that because the City Plan had been adopted under federal pension regulations(ERISA),the Plan needed to include all full- time City employees as members,and could not include any opt-out provisions for individual employees. Mr.Hafter went to the City Council in executive session to discuss this information.The City Council agreed to continue to honor its contractual obligation to maintain the agreed-upon contributions to ICMA Plan but also understood the requirement that he be concurrently enrolled in the City Plan. Following the Council 400 Cornerstone Drive,Suite 240 Williston,Vermont 05495 Telephone: (802)878-1500 Facsimile: (802)878-1539 meeting,Mr. Hafter was included in the Plan,and since that time,he has continually been included in the City Plan premium calculations. The 1992 contract: The 1992 contract continued the language from the original contract in regards to the purported choice between the ICMA and the City Plan,but failed to reflect the change in the status quo following the developments mentioned above. However,the parties engaged in a course of dealing that reflected Mr. Halter's participation in both plans. The 1998 contract: The next formal contract was written in 1998 following minor modifications in 1995. At this time,the"or"language regarding a choice between the ICMA and the City Plan was removed, since it had not been a question of"choice"since 1991,at which point Mr. Rafter's retirement package was put on the same basis as all other city employees. Similarly, Mr. Hafter's contract is silent as to vacation,sick leave, and health care,benefits which he has received without reservation in keeping with his status as a City employee. Consistent with this,only in the instances where Mr. Hafter's benefits differed from those extended to other City employees were they specifically mentioned in his contracts,e.g. his home purchase repayment plan or his permitted use of sick leave upon retirement. While the 1998 contract allowed Mr. Hafter to make contributions to"other retirement systems",this language merely reflected the possibility that private contributions by Mr. Rafter or his wife,Betty,could have exceeded the federal tax regulations for maximum 457 plan contributions,requiring them to open a second plan such as an IRA. It is clear that the"other"provision could not have been referring to the City Plan since Mr. Hafter was already a member. Moreover,the idea of a contribution of a specific amount to any defined benefit plan is meaningless and inconsistent with the funding of such a plan, which is set by actuarial estimates and changes yearly. The 2003 contract: Mr. Halter's last complete contract rewrite was in 2003 and the contract was for seven years until his retirement in 2010. Following a performance evaluation in 2003,Mr. Rafter was asked by the City Council to present a list of contract enhancements in lieu of larger salary increases. Attached(at Tab B)is an e-mail Mr. Hafter sent to the City Council which documents those enhancements. This e-mail clearly reflects the understanding that Mr.Hafter was a member of both the ICMA and the City Plan. (Id.at Paragraph 3). The margin notations reading"ok",made by Mr. Hafter at the time, indicate the Council's agreement to the respective provisions contained in this a-mail. The recitation of the City's promise to continue contributing to the ICMA plan does not supplant the de facto and de jure commitment to also provide him with retirement benefits pursuant to the City Plan. This is entirely consistent with the fact that all non-Public Safety employees in the City had the two plans. In fact, if the City Manager had not been a member of the City Plan, Mr. Halter's retirement package would have been significantly behind that of all other City employees. Meanwhile,the City continued to fully fund both plans on Mr. Hafter's behalf,and provided him with periodic benefit statements reflecting this fact. 400 Cornerstone Drive,Suite 240 Williston,Vermont 05495 Telephone: (802)878-1500 Facsimile: (802)878-1539 I hope that this synopsis has clarified the history of Mr.Halter's inclusion in the City Plan,a benefit upon which he reasonably relied for over twenty years as he and his family prepared their financial plans. Furthermore,Mr.Halter's decisions on other negotiated contract terms,and in declining expressions of interest from other communities at potentially higher salaries,were based on the City's provision to him of both plans. Clearly,deprivation of Mr.Halter's benefits under the City Plan in light of the above and also in light of his age and station in life would have a devastating effect on him, his wife and their family for their entire future. I thank you in advance for your consideration of the points raised in this letter and look forward to learning your thoughts at your soonest convenience. Until then, I remain, Very truly yours. Steven A.Bredice Sniusjd cc. Chuck and Betty Haller 400 Cornerstone Drive,Suite 240 Williston,Vermont 05495 Telephone: (802)878-1500 Facsimile: ($02)878-1539 TAB A cW.u+srati\ City of South Burlington �„ t� , 575 DORSET STREET Nils •�} SOUTH BURLINGTON,VERMONT 05403 7l ou rim'+41, October 14, 2008 Memorandum to City of South Burlington Pensioners From: Denis Gravelin, Assistant City Manager Subject: Projected Pension Schedules Please find attached a copy of your Participation Statement providing an individual accounting of your status under the City's retirement plan. Please keep in mind that these calculations are estimates only and may differ from your actual benefit calculations at the time of separation. A quick reminder of the retirement forum on November 13, to review the City's pension plan and the ICMA deferred comp program. It is generally a good idea to review your beneficiary designee(s)and update as necessary to reflect changes in marital status, etc. Attached is a form for that use if necessary. As always, please let me know if you have any questions. CITY OF SOUTH BURLINGTON RETIREMENT INCOME PLAN NON-PUBLIC SAFETY EMPLOYEES PARTICIPANT BENEFIT STATEMENT AS OF JULY 1,2008 Participant: Hafter,C. As a participant in the City of South Burlington Retirement Income Plan, you will be entitled to benefits provided by the Plan. Following is the estimated amount of pension benefit to which you will become entitled to upon your retirement: Normal Retirement Date: 4/1/2015 Estimated Monthly Normal Retirement Benefit, Payable at your Normal Retirement Date: $3,969.00/month This estimated Normal Retirement Benefit is based upon your current level of compensation (as stated below) and your years of service at Normal Retirement Date. The actual benefit you will receive will be based upon your 3-year average salary and your years of service as of the date you terminate employment. The benefit you have earned to date,your Accrued Benefit, is based on your current years of service and 3-year average compensation(both as of 7/1/08). It is stated in terms of a monthly pension benefit payable over your lifetime commencing at your Normal Retirement Date: Monthly Accrued Benefit, Payable at your Normal Retirement Date: $2,768.00/month Percent Vested: 100% Vested Accrued Benefit: $2,768.00/month The information presented in this statement is an estimate based upon the following employee data: Date of Birth: 3/6/1950 Date of Employment: 5/1/1989 Date of Participation: 7/1/1991 Current Compensation Level: $8,750.00/month The final benefits that you will receive will be based upon your compensation history, years of service, actual retirement date and the Plan provisions in effect when you retire. Please contact the Plan Administrator(City of South Burlington) should you have any questions regarding this statement. EMPLOYEE BENEFIT F STATEMENT TAB B Page 1 of 2 To: JCondos@aol.com Subject: Confidential and personal Cc: terry Sheahan <sheahan@adelphia.net>,"Stephen P. Magowan" <smagowan@gravelshea.com>,dorourke@essex.bpflegal.com,chris Smith <chriss@hbfs.com> To All: At the last executive session, Council provided me my annual evaluation and you asked me to be thinking about enhancements to my contract. Here are my thoughts: �,', 1. I am willing to extend the contract back to five years to 2008. ( In fact, if Council wants it might /T'( make sense to make it a seven-year contract to when I am 60 years old.See below.) The city manager contract has no real guarantees of continued employment, as the Council can dismiss the manager at any time, and the manager may also leave at any time. But it is certainly a symbolic commitment of Council and manager satisfaction in mutual performance. 2. Salary- Based upon past practise, the manager receives the same salary increase as is negotiated for the City Hall Association. With the rise in manager salaries around the nation, this may no v longer be appropriate. However. I think that for the sake of organizational harmony, it is better to keep this tradition and enhance my contract in other ways. 3. Retirement- I am covered under the City Plan and the ICMA Section 457 plan. Currently the City contributes 12.5% of salary to ICMA- I think this is sufficient at this time. The City Hall Union dropped a demand for a benefit that the Police and Fire have; it is one I would like to add to my contract. ( Irony that if I negotiate a cheaper retirement or lower salary increase, it effects me the same way.) That is, upon my retirement, the value of my unused sick leave will be put into a bank to pay for health insurance until exhausted. 4. Mortgage- Currently, I have about $35,000 left on the equity I owe South Burlington, under my contract I reimburse the City$125 per month. I am 53 and would like to think about retiring at 60. At o the same rate of contribution, I will contribute about $10,000 more, leaving a balance of $25,000. If the City were to write down my debt by $3575 per year for the next 7 years, I will have no remaining debt at age 60. That is equivalent to a 2.38 to 1 match. 5. Severance- My contract calls for 6 months severance pay, if I am fired or asked to resign ( except 0/ for cause.) This was increased from 4 months about 5 years ago. ICMA now recommends that senior Page 2 of 2 managers have a 1 year pay severance agreement. I would like this. ( The Williston manager has it.) 6. Auto- I am pleased with my car arrangement which is for a new lease every three years at a rate of $1500 down and $300 a month. The rate has never changed and my current Saturn lease is $296 per month. An increase to $350 per month might be necessary when the lease runs out in July, 2004. 7. Supplemental insurance- Steve Magowan has mentioned the possibility of the City purchasing _},s/ a "nursing home" long-term care product for Betty and me. I would like to investigate this as a nice substantial benefit. 8. Health Care costs- limit employee contribution to 125% of highest amount paid my a city r hall union member This should be used for all department heads with their own association. 9. Other items to remain as current. - ��fCo� - S C 31 y Please discuss this request and respond to me. I will schedule time in exec session for Monday night for you to review. Thanks for your support Chuck Hafter . City Manager The City of South Burlington and South Burlington School District Request for Proposals DATE ISSUED: August 30, 2010 The City of South Burlington and the South Burlington School District are soliciting proposals for audit services. Specifications for the proposal are included in the sections outlined below. Ten(10) bound and one electronic copy (in PDF format)of the proposal should be submitted no later thanMonda}; September 20, 2010 at 3:00 p.m.to: City of South Burlington City Manager's Office 575 Dorset Street South Burlington,Vermont 05403 ATTN: Audit Proposal smiller@sburl.com Only sealed proposals properly delivered and received by the City of South Burlington offices will be accepted. No proposals will be considered that are received after the specified time. Any proposals so received will be returned to the proposer unopened. The City of South Burlington and South Burlington School District reserve the right to reject any and all proposals, to waive any informalities or irregularities, and to make the selection of any proposal(s) or portions thereof deemed in the best interests of the entities. Please direct all questions regarding this proposal to Sanford Miller at(802) 846-4107 or email smiller@sburl.com. General information about the City of South Burlington is available on our web site at www.sburl.com. Information about the South Burlington School District is available at www.sbschools.net. By: By: Sanford Miller John K. Stewart City Manager Business Manager I. General Information The City of South Burlington and the South Burlington School District are accepting proposals for qualified certified public accounting firms to perform annual audits. It is expected that a 3-year contract will be awarded, fh additional two year renewal periods, subject to: The City of South Burlington and South Burlington School District Request for Proposals • The annual review and recommendation of the Selection Committee; • The satisfactory negotiation of terms (including a price acceptable to all entities, individually or collectively,and the selected firm); • The approval of the South Burlington City Council. City of South Burlington Background The City of South Burlington is organized under the council-manager form of government. Five City Councilors are elected at-large by the registered voters of the City. More information about the City,including the prior two year's audit and prior year actuarial reports can be found on the City's website at www.sburl.com South Burlington School District Background The South Burlington School District is organized as a public educational district under the applicable laws and regulations of the State of Vermont. It is governed by a Board of School Directors elected by registered voters of the District to provide public education to the residents. It's accounting policies conform to generally accepted accounting principles as applicable to governmental units. More information about the district, including past audit reports and budgets, can be found at the District website www.sbschools.net II. Proposal Evaluation There is no expressed or implied obligation for the entities to reimburse responding firms for any expenses incurred in preparing or presenting proposals in response to this request. The initial evaluation is based upon the proposers' responses to this RFP,particularly as to the matters described in Section V of this RFP and the Auditor Selection Committee's estimation of the quality of the proposers' services. The City of South Burlington reserves the right to make a selection among proposers based directly on the proposal,to negotiate further with any proposer, or to reject any and/or all proposals. Proposals will be evaluated based on the following: • Responsiveness to this RFP. • Qualifications and experience of the firm and the personnel to be assigned to the engagement with respect to auditing,management, financial reporting, and experience with: > both insurance entities and entities whose accounting statements conform to GASB statements (required). • Quality and appropriateness of the firm's work plan and audit techniques. • Stability of the firm. The City of South Burlington and South Burlington School District Request for Proposals • Estimated cost of the engagement. • Any other criteria the Directors or officers of the entities deems relevant and appropriate in the fulfillment of the performance of their duties and the evaluation of the responses. The tentative schedule for consideration of response to this RFP is as follows: Issue Date: August 30, 2010 Pre-proposal conference: September 9, 2010 Due Date: September 20,2010 Interviews: October 1 through 5,2010 Selection: October 18,2010 by City Council It is contemplated that the Selection Committee will initially screen proposals and conduct interviews. City Council will make the final decision concerning acceptance. III. Scope of Services The audit firm shall be engaged to conduct an examination of the financial statements, accounts,records and procedures as follows: 1. The firm shall perform a financial audit of all funds of each entity,performing such tests as deemed necessary to insure the statements materially reflect the financial position,results of operations and cash flows. 2. In accordance with generally accepted auditing standards,the firm shall examine the financial statement of the entities. The firm shall insure that the financial statements and appended notes include the disclosures necessary for a fair presentation of the financial statements in accordance with generally accepted accounting principles and with applicable GASB statements. There is to be a separate financial statement for the City and the School District. 3. The firm shall agree to make available all of its related working papers upon request. Said working papers shall be retained for a minimum of three years subsequent to the acceptance of each audit. 4. Internal controls reviews may be requested during any or all years of the selected firm's engagement for one or more of the entities. A separate estimate of such a review should be submitted using the format indicated in Appendix A. Proposals for items 1 through 3 should be submitted together as one proposal using the format indicated in Appendix A, item four as a separate proposal. Separate final,bound copies and one electronic copy(in PDF format) of the audited financial statements of both the City and School District, and any other reports or letters shall be submitted no later than March 31, 2011 for the FY 2010 audit period. This corresponds with the deadline for filing the Federal Single Audit. The City of South Burlington and South Burlington School District Request for Proposals For the FY 2011 audit, and in subsequent years,the audits should be submitted no later than December 13. The firm is responsible for report preparation,editing and printing. Preparation,printing and copying costs are to be included in the cost of the audit. The following are approximate key dates in connection with the annual audits to be performed under this RFP for the FY 2011 period and beyond: Audit Plan to be submitted May 15 Interim audit work completed June 30 Field work to begin September 15 Financial Statement completed November 15 Management Letter December 15 Single audit compliance report December 15 In accordance with generally accepted auditing standards,the firm shall provide a Report to both the City Council and School Board concerning the conduct of the audit, as well as management's role and level of assistance in the audit process. The management letter should include: • Findings/recommendations for improvements in internal control • Findings/recommendations for improvements in the accounting systems • Findings for non-compliance with laws,rules, regulations,and city charter • Other material items • The status of items found in past management letters that remain unresolved • Management's responses to findings and recommendations above The firm may be required to attend the annual meetings of each of the entities for the purpose of discussing the audit and other reports required by this RFP, as well as: -Two meetings with the City& School District's Finance Department and Business Office for: • One pre-audit for audit planning purposes • One post-audit to deliver the audit report -One meeting with each entity's Board to present and discuss audit results. IV. Assistance Available to Auditors • The City's finance department and responsible management personnel will be available during the audit to assist the firm by providing information, documentation and explanations. In the School District,the Business Office personnel will fill that role. A The City of South Burlington and South Burlington School District Request for Proposals • The preparation of confirmations will be coordinated with the City Manager's designee for the City of South Burlington and the Business Manager for the South Burlington School District. • Clerical support will not be provided to the auditor. • City financial staff and District Business Office staff will prepare the necessary statements and schedules as requested by the auditor prior to commencement of fieldwork. ▪ Information Technology personnel will be available to provide appropriate systems documentation and explanations. • The auditor will not be provided computer time or the use of computer hardware and software. • Access to reasonable work area, a telephone, a fax machine, interne connection and photocopying of records will be made available to the audit team for the purposes of performing the audit work. • Office hours are 8:00 AM to 4:30 PM, Monday through Friday, except holidays. • Report preparation, editing and printing shall be the sole responsibility of the auditor. If unusual circumstances are encountered that make it necessary for the auditors to do additional work, the auditors shall report such conditions to either the City Manager or Business Manager prior to any costs being incurred for such additional services. No extended services will be performed unless they are authorized in the contractual agreement or in an amendment to the agreement. V. Proposal Requirements At a minimum,proposal must contain the following information. Responses should be presented in the same order as these requirements. (If your firm declines to bid,we request you so notify Mr. Sanford Miller, City Manager, City of South Burlington, 575 Dorset Street, South Burlington, Vermont 05403) 1. General a. Include a letter of transmittal b. Include a title page setting forth the proposer's name, local address, telephone number,name of contact person, e-mail address and date of the proposal. 2. Profile of the Firm a. Indicate the location of the office from which the work is to be done and the number of partners, managers, supervisors, seniors and other professional staff employed at that office. Describe the communications and coordination procedures that will pertain if the work is to be performed from multiple offices. b. State the professional organizations to which the film belongs. The City of South Burlington and South Burlington School District Request for Proposals c. Disclose whether your firm or any individuals assigned to provide services to the Trusts have any conflicts of interest with the City of South Burlington or the South Burlington School District or employees of same. If so, state the nature of the conflict and provisions that will be made to address the conflict. d. State that the proposer is a properly licensed certified public accountant. e. State that the individual who signs the letter of transmittal has the authority to bind the proposer. f. State the names of persons who will be authorized to make representations for the proposer and include their titles. 3. Summary of Firm's Qualifications a. Identify the managers,partners and supervisors who will work on the audit, including staff from other than the local office. Resumes of each supervisory person to be assigned to the audit should be included in the proposal as an exhibit or attachment. Include information regarding these individuals' experience in auditing risk management pools. b. Describe recent local and regional office auditing experiences similar to the type of audit and management services being requested. Provide the names and telephone numbers of at least three client contacts that would serve as references. Firms should place particular emphasis on their experiences with local government and public education or other clients whose accounting practices are governed by the GASB, or with governments who administer their own defined benefit pension plans. c. Provide information on the results of any peer reviews of the Firm's audits during the past three (3) years. In addition,the firm shall provide information on the circumstances and status of any disciplinary action taken or pending against the firm during the past three (3)years with state regulatory bodies or professional organizations. d. Provide a statement that the firm, if awarded the engagement, will: • Maintain in full force at all time professional liability insurance in the minimum amount of$1 million per occurrence and supply evidence of same to the Trusts. If the firm's limits exceed$1M,please state the limits; • Maintain in full force at all times workers' compensation insurance meeting statutory obligations and supply evidence of same to the Trusts; and • Maintain in full force at all time general liability insurance (including auto liability) in the minimum amount of$1 million per occurrence and supply evidence of the same to the Trusts. The City of South Burlington and South Burlington School District Request for Proposals As part of its submission in response to this RFP, each firm shall indicate whether it will provide a certificate of insurance or other evidence to satisfy each of the three coverages listed above. In submitting its response to the RFP,the firm acknowledges that the engagement agreement to be signed between each entity and the firm shall include a statement that the firm shall indemnify and hold each entity harmless for losses and defense costs arising out of its actions in undertaking this engagement. 4. Work Plan The firm should include a summary of its formal work plans, including engagement control and auditing techniques to be employed in performing the required audit and internal control study. The firm should also indicate other areas or issues it believes should be reviewed. The general work plan should include the following: • Proposed segmentation • Level of staff and number of hours to be assigned to each segment of the engagement • Sample sizes • The extent to which statistical sampling will be used • The method to be employed in drawing audit samples for purposes of test compliance. An engagement time line is to be included for each entity. 5. Compensation The firm's proposed fee should be quoted in two parts, separately for each entity and combined should the firm be awarded all engagements. Part I: Provide the estimated total hours, hourly rates by classification and the resulting, all-inclusive maximum flat fee the firm will charge to perform the annual services as outlined in Section III (page 7, items 1 through 4). Separately from that flat fee,provide a separate,not-to-exceed estimate of out-of-pocket expenses. Part II: Indicate the method and applicable amounts to compute fees for other consulting and management services that may be required(page 7, item 5). Furnish Parts I and II for each year of the engagement. Progress payment will be made on the basis of hours of work completed during the course of the engagement and out-of-pocket expenses incurred in accordance with the firm's dollar cost bid proposal. Interim billings shall cover a period of not less than a calendar month and shall include detail by staff person by date of hours spend on the engagement and activities performed. The City of South Burlington and South Burlington School District Request for Proposals The final payment for any audit shall become due only after the submission of all reports required and their acceptance by the City and School District. Should the firm encounter circumstances requiring an increase in the extent of detailed investigation or should the entity require an increase in the scope of the audit, written advance notice to that effect must be furnished to the other party. The engagement can then be modified by mutual agreement of both parties as to additional work and compensation. All proposals must include a statement that they are valid for a minimum of ninety (90) days following the RFP closing date. The entities reserve the right to negotiate and modify any element of the RFP and to negotiate with the successful firm(s)a final fee for the proposal based upon mutually agreed upon changes or refinements in the scope of work. 6. Additional Information Provide any additional information the firm considers essential to successful conduct of the audit. . Attachments 'lease refer to the attached: ppendix A: Engagement Fee Table ppendix B: Budget Data Table udited financial statements, notes, and schedules are available upon request. 0 The City of South Burlington and South Burlington School District Request for Proposals APPENDIX A Engagement Fee Schedule Engagement Fees: FY 2010 FY 2011 FY 2012 City of South Burlington South Burlington School District TOTAL REIMBURSABLE EXPENSES (attach detail): FY2009 FY2010 FY2011 City of South Burlington South Burlington School District I TOTAL Proposer must state that the above fees and expenses are guaranteed, not-to-exceed maximums for each year of the engagement. The City of South Burlington and South Burlington School District Request for Proposals Appendix B South Burlington School District Approved Budgets r l71 COMPARATIVE BUDGET Revenues: 2008-09 2009-10 2010-11 State Property Tax $31,936,403 $32,580,685 $31,630,540 Tuition 1,014,000 1,356,512 1,421,736 Federal Aid Programs 838,008 1,155,900 1,809,400 State Aid Programs 4,156,737 4,108,088 4,329,657 Rentals 200,000 209,000 209,000 Other 105.840 513,500 895,711 $38,250,988 $39,923,685 $40,296,044 Eauenses: Salaries $22,642,632 $23,872,779 $24,428,120 Benefits 7,064,396 7,401,247 8,062,731 Services* 5,535,087 5,517,821 5,577,553 Supplies t 2,076,326 2,275,318 1,934,215 Equipment$ 932,547 856.520 918,425 Reductions/Efficiencies -625,000 to be determiner) $38,250,988 $39,923,685 $40,296,044 * Includes purchased professional services,such as legal advice,negotiations,psychological assessmerts, telephone,printing,property and liability insurance,and debt service. t Includes ciacsroom,athletic,and administrative supplies;electricity and other utilities;gasoline; textbooks;and audio-visual materials. $ Includes funds for the purchase of computer equipment,instructional equipment,copiers,and custodial equipment. in South Burlington Planning&Zoning September 20,2010 Summary of Policies included in South Burlington Comprehensive Plans 1969 to present: I-89 Exits 13 & 12B. April 1969 South Burlington Comprehensive Plan p. 20 "...The belt line route will have greater value to South Burlington if the interchange if the Interstate System where Route I-189 now leads to Dorset Street and Kennedy Drive is altered to permit interchange of Route I-89 traffic to and from the east with those two local streets. p. 20 "If Route U.S. 7 should be located within South Burlington, a good line would be to follow close to Muddy Brook, leave a greenbelt for conservation and recreation between it and the brook. This possible alignment is shown on the Comprehensive Plan, as representing the best route from the Town's point of view if this highway is to be located in South Burlington." March 1974 South Burlington Comprehensive Plan p. 92. "For better access to the airport and the future industrial site,the Dorset Street-Kennedy Drive-I89 intersection should be improved with full access to and from the Interstate. p. 95 "A direct access to the airport and adjacent Industrial District should be planned to connect with Interstate 89 between Hinesburg Road and Muddy Brook. This road should be constructed to Interstate standards. p. 101. Construct a complete interchange and access road to Interstate 89 between Hinesburg Road and Muddy Brook to serve the Airport and Industrial District. An alternative would be to upgrade the Dorset Street-I-89-Kennedy Drive interchange. November 1980 South Burlington Comprehensive Plan Recommendations p. 54 "Modify the Dorset Street-Kennedy Drive-Interstate 89 interchange" p. 55 "Establish a new interchange between Hinesburg Road-Interstate 89" p. 55 "Establish a new interchange between Patchen Road- Interstate 89" p. 55. "Upgrade Hinesburg Road from Interstate 89 to Kennedy Drive" Page 1 South Burlington Planning&Zoning September 20,2010 November 1985 South Burlington Comprehensive Plan p. 58 "Modify the Dorset Street-Kennedy Drive-Interstate 89 interchange" p. 58 "Establish an interchange between Hinesburg Road-Interstate 89" p. 58. "Upgrade Hinesburg Road from Interstate 89 to Kennedy Drive" February 1992 South Burlington Comprehensive Plan (revised Feb & June 1992) p. 67. "Five Highest Priority" [transportation recommendations] • "Modify the Dorset Street/Kennedy Drive/Interstate 89 Interstate to include a north bound on-ramp." p. 67 "Next Five Highest Priority" • "Establish an Interchange between Hinesburg Road—Interstate 89" p. 68 "Remaining Priority" • "Upgrade Hinesburg Road from Interstate 89 to Kennedy Drive" May 1996 South Burlington Comprehensive Plan p. 60 "Modify the Dorset Street/Kennedy Drive/Interstate 89 Interstate to include a north bound on-ramp." p. 60 "Establish an interchange at Hinesburg Road and Interstate 89." p. 61 "Upgrade Hinesburg Road from Interstate 89 to Kennedy Drive (i.e., widen and add lanes where necessary in conjunction with new I-89/Hinesburg Road interchange." p. 91 "Work with Federal and State governmental agencies to proceed with planning, designing, and construction of a full I-89 interchange at Hinesburg Road (Route 116) and additional on-off ramps at the I-89/I-189/Kennedy Drive interchange (Exist 13)." April 2001 South Burlington Comprehensive Plan p. 55 "Work with Federal and State governmental agencies to proceed with planning, designing, and construction of a full I-89 interchange at Hinesburg Road (Route 116) and additional on-off ramps at the I-89/1-189/Kennedy Drive interchange (Exist 13). Page 2 South Burlington Planning&Zoning September 20,2010 p. 89 "Modify the Dorset Street/Kennedy Drive/Interstate 89 Interstate to include a north bound on-ramp." p. 89 "Establish an interchange at Hinesburg Road and Interstate 89." p. 90 "Upgrade Hinesburg Road from Interstate 89 to Kennedy Drive (i.e., widen and add lanes where necessary in conjunction with new I-89/Hinesburg Road interchange." March 2006 South Burlington Comprehensive Plan p. 125 "Modify the Dorset Street/Kennedy Drive/Interstate 89 Interstate to include a north bound on-ramp." p. 125 "Establish an interchange at Hinesburg Road and Interstate 89." p. 126 "Upgrade Hinesburg Road from Interstate 89 to Kennedy Drive (i.e., widen and add lanes where necessary in conjunction with new I-89/Hinesburg Road interchange." Page 3 EXIT 13/DORSET ST/KENNEDY DRIVE UPGRADE 1 . Provides south bound 189 access to Dorset Street/Kennedy Drive 2. Provides North and south bound access to 189 from Dorset Street/Kennedy Drive 3. Improves access to the Burlington International Airport 4. Improves Access to South Burlington from Route 7 5. Improves Dorset Street/189/Kennedy Drive intersection 6. Takes stress of Williston Road 7. Improves auto entrance and exit from SBHS and FTMH 8. Takes stress of Williston Road and the Williston Road/Dorset Street intersection EXIT 12 UPGRADE/ACCESS ROAD TO INDUSTRIAL PARK 1 . Improves Route 2A/I89 intersection 2. Improves Access to Industrial areas of South Burlington without going through residential areas. 3. Is an alternative to adding Exit 12B with out the added ongoing capital expense of maintaining exit 12B Respectfully Submitted by Joseph B. Arioli 8 Worth Street S. Burlington, Vermont 05403 (802) 651-9352 Page 1 of I Gotsle rnaps Address To see all the details that are visible on thescreen, use the "Print" link next to the map. Print Send Link 0 ( I41 ,i c I °ed iii, -give ; uth 13;�rliuiiC Ill 7.G, k-'ir;$'sigh„:il 1 o I N cp 4 +r Nn3 `n 2 c,�c§. rI '� 'P0,- .enne6V �r a K$ne Y r +w\o, a sue., •x 1 Pi ovirtw t4 lly. r 1 ^aih gr1 0r" 7 0 ', : §lilt ©2010 Google-Map data©2010 Google- Page 1 of 1 r--.... To see all the details that are visible on the k_3104‘.)31.e ma Address ps , screen, use the"Print"link next to the map. Print Send Link t t 0(% Id ''''' 0 ill 1 t t CJ «a t. 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TIT A a v C G unirntlig±h,. ©2010 Google- Map dat 2010 Google- http://maps.google.com/ o/oi',n,n LV1J\+1. U1,11.4.l, UVUL11 1-)u11111gw11, V 1 - Uhl/gill_maws Yage 1 at 1 Address To see all the details that are visible on the Goo p screen, use the "Print" link next to the map. Print Send Link ■ t:ar rJN i *Mit% �? nti+n ^.a3r- :II T7 i�i1 si it yr :Jr.r::k -1Tirrr� m ell a 1 -, „,.. m , ,. r..),:04 f .� 4. Co toe Solitl, F!.,rlin.:,rri7 i F-irif° ;r:17�:,n1 1 p U ig 73 >r" Kennedy ar / I i r .r.-bit/ . rrT;7 ASft.rr4.,( , �Rj�J ©2010 Google- Map data©2010 Google- http://maps.google.com/ 9/9/201 0 ft South Burlington Comprehensive Plan Chapter 12—Transportation TABLE 12-1 SOUTH BURLINGTON STREET CLASSIFICATIONS CLASSIFICATION EXISTING STREETS PROPOSED STREETS Arterial Rte. 2; Rte 7; Rte. 116 from Williston Rd. to Williston Town line; Kennedy Dr. Collector Dorset St.; Swift St.; Laurel Hill Ave. Ext.; Kimball Ave.; Allen Rd.; Holmes Rd. west; Inn Bartlett Bay Rd.; Queen Rd. west; Dorset- City Park Rd.; Farrell Hinesburg Connector; St.; Spear St.; Patchen ext. of Airport Dr.; Rd.; White St.; Airport relocated Airport Pkwy.; National Guard Pkwy.; Airport Pkwy - Ave.; and Shunpike Patchen Rd. connector; Rd.; Nowland Farm Allen Rd., Swift St. and Road Holmes Rd. Extensions; O'Dell Pkwy. Local All others All others 7. Supplemental Recommended Actions, Added 2006 Continue to work with and press VTrans and the Chittenden County MPO to carry out the funded EIS work for full interstate interchange at Hinesburg Road and I-89, and to program funds for subsequent years and work into the TIP. Work with Williston on cooperative strategies for managing the impacts of travel to and from Tafts Corners on the character, safety, and condition of Van Sicklen Road. Work with the Addison County Regional Planning Commission and Chittenden County Regional Planning Commission to develop strategies for South Burlington Comprehensive Plan Effective March 9, 2006 127 4 4 4 4 4 South Burlington Comprehensive Plan Chapter 12—Transportation managing the Route 116 corridor, including provisions for the potential 1 impacts of the new interchange at Hinesburg Road. 4 1 1 1 1 4 1 4 • 1 1 1 I i a I a a a I 41 I a a South Burlington Comprehensive Plan Effective March 9, 2006 a 128 a a a a a 0 southburlington PLANNING & ZONING AGENDA South Burlington Development Review Board City Hall Conference Room, 575 Dorset Street, South Burlington, VT. Tuesday, September 21, 2010 7:30 p.m. 1. Other business/announcements 2. Minutes of August 17, 2010 and September 7. 2010 3. Design Review Application of Atlas Sign Industries for a new master signage permit for a property in the Dorset Street/City Center Design District. The master signage permit would establish the design scheme for the freestanding and wall signs on the property, 60 San Remo Drive. 4. Continued miscellaneous application #MS-10-07 of Vignesh Solai to add a gable entrance which projects into the front setback requirement, 8 Laurel Hill Drive. 5. Miscellaneous application #MS-10-08 of South Village Communities, LLC to alter the grade by adding 55 cubic yards of fill to lot #1, 1840 Spear Street. 6. Miscellaneous application #MS-10-09 of South Village Communities, LLC to alter the grade by adding 42 cubic yards of fill to lot#5, 81 Chipman Street. 7. Miscellaneous application #MS-10-10 of South Village Communities, LLC to alter the grade by adding 75 cubic yards of fill to lot #5A, 73 Chipman Street. 8. Sketch plan application #SD-10-29 of Patrick O'Brien Development, LLC to subdivide a 6.3 acre parcel developed with a single family dwelling into three (3) lots consisting of 1.4 acres(lot#1), 1.0 acres(lot#2), and 3.9 acres(lot#3), 1435 Spear St. 9. Sketch plan application #SD-10-30 of A. Thibault & Sons, LLC to subdivide a one (1) acre lot into two (2) 0.5 acre lots, 350-354 White Street.—Application Withdrawn. 10. Review draft decisions from September 7, 2010 meeting. Resp Ily Sub ' . r y d J. Belair Administrative Officer