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Agenda - City Council - 10/04/2010 (2)
.."41 s 6014104* southburlington VERMONT AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall Conference Room 575 Dorset Street SOUTH BURLINGTON,VERMONT REGULAR MEETING 7:00 P.M. Monday, Oct 4, 2010 1. Comments and Questions from the public(not related to the Agenda). 2. Announcements and City Manager's Report. 3. Report on Actions Taken at Sept 20 and Sept 27, 2010 City Council Meetings • Sept 20,2010 o ICMA Ethics charge against Chuck Hafter o Appointments to boards,committees, and commissions • Sept 27, 2010 o Resolution to request VMERS allow the City to join the system for some non-union, non-public safety employees. 4. Appointment of CCMPO Representative 5. ***Stormwater Permit takeover in Stormwater Impaired Watershed at Winding Brook. Director Of Public Works,Justin Rabidoux. 6. ***Resolution establishing a policy requiring financial firms to present findings to City Council. 7. Approve a Resolution allowing for the Requisition of Funds for Two Municipal Planning Grants. 8. Airport update 9. ***Discussion of a potential merger of the CCMPO&CCRPC, Charles Baker&Michele Boomhower 10. ***Consideration of Entertainment permit: Nightmare VT/South Burlington Rotary Club, Oct. 21,22,23,28,29,30th. Picard Circle(approve with a conditional approval contingent on Fire Marshall approval) 11. ***Reconvene as Liquor Control Board to consider Liquor License for Maplefields, 811 Williston Rd. (approve with a conditional approval contingent on fire inspection) 12. ***Review and approve minutes from the regular meeting held September 20, 2010. 13. Sign disbursement orders. 14. Consider entering executive session to discuss personnel and contract negotiations. 15. Adjourn Respectfully Submitted: Sanford I. Miller, City Manager 041? e, af` southhurlingtou Sanford I,Miller,City Manager a miller@sburl.cam September 22,2010 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 Hafter Dear Ms. Perego: I write on behalf of the City Council of the City of South Burlington,Vermont. This communication represents a concern under ICMA's Code of Ethics relating to the conduct of our former City Manager and ICMA member Charles Hafter. As we read the ICMA Code of Ethics, we did not receive the level of service we believe the community was entitled to. We believe that Mr. Hafter did not adhere to ICMA's professional standards,specifically Tenets 3, 4, 5,9 and 12 of 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 his failure to disclose significant information in a timely fashion did not represent the highest ideals of honor and integrity in our public relationship, and certainly did not engender respect and confidence of the public in elected officials(Tenet#3). We believe these failures did not meet the standards set for the chief function of local government,which is to serve the interests of all the people (Tenet#4). We are convinced the course of Mr. Hafter's conduct failed to provide the City's elected officials with critically important facts and advice on matters of policy(the funding level of our pension program) as a basis for making decisions and implementing local government policies(Tenet#5). We believe Mr. Hafter's failures resulted in the community not being properly informed and interfered with the community's ability to effectively communicate with its local government officers. Therefore,we believe Mr. Hafter acted in a manner that did not improve the quality and image of public service(Tenet#9). Finally,we are concerned Mr. Hafter exercised his role as City Manager in a way that resulted in personal benefit in the form of enhanced pension rights at the expense of the actuarial soundness of the overall fund (Tenet#12). We believe the seriousness of the matter is compounded as a result of benefit increases granted to employee groups negotiated by Mr. Hafter with unions representing City employees,thereby increasing the stress on the pension program. We believe there was insufficient communication with the City Council and with the public as to whether such increases were affordable and sustainable. More specifically, it has recently been called to the attention of the City Council by Mr. Hafter's successor as City Manager that the City's defined benefit pension program is less than 50%fully funded. The Council had never been informed of this most significant deficiency by Mr. Hafter. As a result,the current status is that without significant additional funding,the plan will not be financially able to sustain its obligations 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. Hafter by the plan's actuaries. However,this critical information was not forwarded to the City Council or to the general public. Instead, Mr. Hafter continuously reassured the City Council collectively and its members individually that the pension fund was in good standing. Additionally,there is concern that the City's annual financial statements,the preparation of which was a part of the City Manager's responsibilities,obfuscated the extent to which the City's pension program was underfunded. The City Council believes that Mr. Hafter knew or should have known that the underfunding level of the City's pension plan had developed to the point that a remedial plan should have been prepared 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. The City Council is concerned that Mr. Hafter, as the city's chief negotiator, may have agreed to improved benefit levels for unionized South Burlington employees with the understanding that such increased benefits would personally benefit him. This could represent a conflict of interest. The City Council requests that in accordance with ICMA's Rules of Procedure for Enforcement, the Director of Ethics initiate an investigation and/or other appropriate proceedings to determine whether violations of the Code of Ethics have occurred and, if so,what sanctions under such Rules of Procedure for Enforcement should be imposed. The City Council stands willing to provide any additional information and detail relating to the concerns expressed in this communication as may be determined to be necessary or desirable for ICMA to form appropriate conclusions as to whether the Tenets of the Code of Ethics have been violated. We look forward to your prompt and thorough consideration of this matter. Very truly yours, CITY OF SOUTH BURLINGTON,VERMONT By: e City Council Chair c: City Councilors Appointments to Boards,Commissions,&Committees Effective Sept.27,2010 September 21,2010 By J.Ladd Name Appointment Term Fox,Sally Correctional Facility Liaison 3year/2013 Head,Helen Correctional Facility Liaison 3year/2013 Tegtmeyer,William Correctional Facility Liaison-Alt 3year/2013 Sirotkin,Michael DRB 4year/2014 Greco,Rosanne DRB-Alt To be discussed Pasackow,Jay Library Board 3year/2013 Rusnak,Susan Library Board 3year/2013 Ambusk,Marie Natural Resource Comm 3year/2013 Riehle,Ted Planning Comm 3year/2013 Kochman,Jennifer Rec Comm&Leisure Art 3year/2013 Rabitallie,Elizabeth Rec Comm&Leisure Art 3year/2013 Edie Robenstein Rec Comm&Leisure Art 3year/2013 Hubbard,Rick Rec Path Comm 3year/2013 Bresee,Louis Rec Path Comm 3year/2013 Neuer,Roy Rec Path Comm 3year/2013 Adamson,Duncan Rec Path Comm 3year/2013 Lisa Yankowski Red Rock 3year/2013 A Resolution Requesting the Vermont Municipal Employees Retirement System (VMERS) Board Permit the City of South Burlington to Include Some Employees in the VMERS System and Explore Options for Additional Employees to be Included in the VMERS System Whereas,the South Burlington City Council has deemed it is in the best interest of the City of South Burlington to move toward closing the South Burlington Retirement Income Plan to new members. Now,Therefore, Be it Resolved,the South Burlington City Council authorizes the City Manager to request the VMERS Board allow City of South Burlington employees into the VMERS Program as follows: 1. Non-union, non-public safety employees hired after this date to be included in the VMERS B program. These individuals will not be eligible to participate in the South Burlington Retirement Income Plan. 2. Existing, non-union, non-public safety,employees,with less than three years of creditable service in the South Burlington Retirement Income Plan as of this date,to be included in the VMERS B plan prospectively. Such individuals will no longer be eligible to participate in the South Burlington Retirement Income Plan. Be It Further Resolved,the City Manager is authorized to request VMERS provide the City with cost analyses at the City's expense for a prior service purchase agreement for employees with greater than three(3)years seniority as of this date. These analyses may be undertaken in phases or groups of employees with increasing seniority. The decision regarding whether or not to include such groups of employees in the VMERS system and the amount if any of prior service purchased shall be made by the South Burlington City Council subject to VMERS Board approval. Be It Further Resolved,the City Manager is authorized to request the VMERS Board allow union employees to enter VMERS retirement plans in accordance with retirement benefits as may be negotiated between the City of South Burlington and the respective bargaining units as part of a collective bargaining process,subject to VMERS Board approval. It is understood this process might involve cost analyses for purchasing prior years' service for existing employees to be included in the VMERS. Such cost analyses would be at the City's expense. Be It Further Resolved,the City Manager is authorized to request the VMERS Board provide analyses for non-union public safety employees to enter into VMERS retirement plans with the employees' entrance into any VMERS retirement plan to be decided upon by the South Burlington City Council subject to VMERS•&aid approval. Such cost analyses would be at the City's expense./ (y ,SQvvi Oo 1p CCMPO C la i l t e n d e n County CHITTENDEN COUNTY METROPOLITAN PLANNING Regional Planning Commission ORGANIZATION September 10, 2010 Dear Selectboard members, City Council members and Village Trustees: We are seeking your feedback on the potential merger of the CCMPO and CCRPC. Due to the requirement to report to the Legislature by January 15th, we are on a tight schedule to discuss this issue with you prior to our next Joint Meeting of the CCRPC and CCMPO Boards on November 3rd. We will be contacting your municipality soon to request time to speak to you at one of your upcoming meetings in order to brief you and get your feedback on our potential merger. CCRPC and CCMPO actually began the merger process some 8+years ago by co-locating and sharing most services. In 2009 we moved to less-costly quarters at a savings of$40,000 a year and the two boards began the process of achieving commonality in staffing and benefit structures.The fact is that most of the direct cost savings from any possible merger were in place before the "Challenges for Change" legislation. On September 7th, the Boards of the CCRPC and the CCMPO held a joint meeting to explore consolidation of our two organizations. The meeting was prompted by the legislature in its"Challenges for Change" legislation which directed our two Boards to "collaboratively develop a plan for action steps and timeline for the merger of the organizations"and report back to them by January 15, 2011.The Boards discussed the pros and cons of consolidation and then both voted separately in the affirmative to "consider the further investigation of full merger." There are numerous benefits to formally merging our two organizations.These include: > Integrated land use and transportation planning > Improved municipal communication and accountability by consolidating appointments from 2 to 1 board > Combined municipal dues enhance opportunities for leveraging federal and state funds > Commitment to flat municipal dues for at least the next 3 years will avoid —$7k per year increase (2-3%of$240k) > Increased time invested in services for municipalities instead of time currently spent on CCMPO/CCRPC coordination > Enhanced visibility and communication with the public and the media > Optimization of organizational flexibility to manage future fiscal challenges and opportunities The Boards of the CCRPC and CCMPO, however, recognize that this potential change deserves careful consideration of the issues and details that must be addressed prior to merger. On the back of this letter is a comparison table showing what full merger might look like. Many more specifics need to be developed before official action would be recommended for your consideration. At this time, we are asking if your municipality would generally support the concept of fully merging the two Boards. Should there be a general consensus related to the pursuit of full merger, we would continue the development of details for implementation. We would then return to you for discussion of these details, and a request for formal action to implement the recommendation, as soon as the spring of 2011. We look forward to meeting with you. If you have any questions, please do not hesitate to contact us. Thank you for your consideration. Sincerely, ORIGINAL SIGNED ORIGINAL SIGNED Leslie Pelch, Chair Marc Landry, Chair Chittenden County Regional Planning Commission Chittenden County Metropolitan Planning Organization While details have yet to be determined, a full merger would likely involve the following basic changes or some variations to be determined: CURRENT Full Merger > 2 Boards > 1 Board with new name and branding > CCRPC—19 municipalities, 5 at large (including > Merged membership (including VTrans and Transportation (MPO),Agriculture, other current at large representatives) Socio/Econ/Housing, Environmental, Business ); > New bylaws maintaining current rules for • 1 vote per town & per at large (except for voting depending on area of planning Town Plan adoption) responsibility consistent with statutes > CCMPO—18 municipalities(excluding Buel's co Gore),VTrans, (FHWA, CCRPC, CCTA, Burlington i International Airport—non-voting); • weighted voting including VTrans > 2 Executive Committees > 1 Executive Committee > 2 Nominating Committees > 1 Board Development/Nominating Committee o ➢ MPO Standing Committees—Finance, > 1 Finance Committee Transportation Advisory Committee(TAC) , > Transportation Advisory Committee Unified Planning Work Program (UPWP), > Planning Advisory Committee (with focus on Metropolitan Transportation Plan (MTP), Public MTP, regional plan and municipal plan review) Transportation, Regional Initiatives > 1 UPWP Committee > RPC Committees- multiple project/steering and > 1 Public Transportation Committee ad hoc committees Other single purpose committees—only as needed (Single purpose committees will be disbanded when their work is completed) > MPO Budget > Single combined budget • One VTrans contract > Accounting per each contract • Municipal Dues ($120,000) 100% used for > Pool municipal dues to match unobligated MPO a0 match federal funds and/or other resources 0 a > RPC Budget > Commitment to hold municipal dues flat for -� • about 20 contracts next 3 fiscal years at a minimum. 0 • Municipal Dues ($123,000) 50% used for match > Duplicate invoicing and payments > Single invoicing and payments > 2 separate audits > Single audit > 2 Human Resources management systems > Single Human Resources management system > MPO—UPWP > Unified project management system > RPC—Work Program > Single Unified Planning Work Program • Coordinated with GBIC work program • Coordinated with GBIC work program > MPO > Unified staff • 1 FTE Executive Director 1 FTE Executive Director • 1.5 FTE Administrative staff 1 FTE Assistant/ MPO Director • 7 FTE planners/engineers 3 FTE Administrative staff > RPC 13 FTE planners/engineers co • 1 FTE Executive Director cu Q. • 1.5 FTE Administrative staff O • 6 FTE planners > Separate policies for Procurement, Financial > Unified policies for Procurement, Financial Administration and Personnel Administration, and Personnel > Two accounting systems ➢ One accounting system South Burlington t,,<1,,,,,,,.,,,A. 1VStormwater Services Office 575 Dorset Street • South Burlington, VT 05403 Dept. of Public Works / Tel: (802) 658-7961 • Fax: (802) 658-7976 104 Landfill Road em • To: South Burlington City Council From: Tom DiPietro, Stormwater Superintendent CC: Sandy Miller, City Manager Justin Rabidoux, Director of Public Works Date: 9/22/2010 Re: Stormwater Permit Takeover in Stormwater Impaired Watershed I recently met with representatives from the Winding Brook Homeowners Association (see attached map)to discuss the permitting status of their stormwater system. The Winding Brook neighborhood is located in the Potash Brook watershed, which the State of Vermont Agency of Natural Resources (ANR) lists as impaired primarily due to uncontrolled stormwater runoff. Due to issues surrounding the ANR's stormwater permit program and stormwater impaired watersheds, Winding Brook's original stormwater permit expired and could not be renewed. Over the past few years, Winding Brook has worked with the Stormwater Utility to obtain grant funding and upgrade their stormwater treatment system to current ANR standards. In addition, Winding Brook agreed to pay ANR an offset fee of$25,800 so that they would be eligible to receive an individual stormwater discharge permit. Winding Brook received a valid stormwater discharge permit from the ANR on August 17, 2010. The Winding Brook Homeowners Association has requested that the City take over responsibility for the permit by transferring the permit from the Homeowners Association to the City. This type of permit transfer is allowed under the State Stormwater Management Rule for Stormwater Impaired Watersheds under section 22-309(b)(4)and condition 5 of Winding Brook's stormwater permit(attached). t When the stormwater utility was first established it was City Council's intent to have the municipal stormwater utility take over state stormwater permits issued to residential properties if upgrades took place. In the past, when the City attempted to transfer permits we were told by ANR staff that there was no legal mechanism that would allow us to transfer an expired State stormwater permit in a stormwater impaired watershed. In lieu of permit transfer, the City developed a Stormwater Maintenance Agreement. As part of this Agreement, the City agreed to complete all work that would be required under a State stormwater permit(system maintenance, inspection, reporting, etc.)if the system was upgraded to the current Vermont stormwater treatment standards or a best fix option. The Agreement addresses the issue of permit transfer by stating that"at such time as the Agency establishes standards and requirements for renewal of expired permits that authorize stormwater discharges into stormwater impaired waters, the parties agree to pursue such actions as are set forth in any City policy then in effect relating to renewal of expired discharge permit for residential subdivisions". Page 1 i South Burlin ton Stormwater Services Office 575 Dorset Street • South Burlington, VT 05403 Dept. of Public Works Tel: (802) 658-7961 • Fax: (802) 658-7976 104 Landfill Road The Stormwater Maintenance Agreement anticipated that ANR would issue watershed permits and these would be the mechanism for permit renewal in the stormwater impaired watersheds. However, the issuance of an individual stormwater permit to the Winding Brook Homeowner Association would allow a valid stormwater permit to be transferred to the City. Since the City has not yet transferred a permit in a stormwater impaired watershed, I thought it would be best to bring this to City Council's attention prior to undertaking the permit transfer. Finally, it should be noted that other homeowner associations in stormwater impaired watersheds could obtain individual state stormwater discharge permits by doing what Winding Brook did. They would need to upgrade their current stormwater treatment system and either(1)create an offset project or(2) buy existing offset capacity created and not used by others in the watershed. Winding Brook chose to pay ANR to purchase offset capacity created by the City's Farrell Street stormwater project. In addition, if the City agreed to become the permittee or sign on to the permit as a co-permittee it would not be necessary for the future associations to pay the $30,000/impervious acre offset fee that Winding Brook paid. This is because the City has already completed stormwater improvement projects in the Potash Brook watershed and would not need to pay ANR a fee to use offset capacity that it created. Page 2 RESOLUTION WHEREAS, City Council passed a resolution on August 21, 2006 authorizing the City to take over residential stormwater permits in South Burlington if certain conditions were met; and WHEREAS, the City has not yet taken responsibility for residential stormwater permits in stormwater impaired watersheds because there is currently no legal mechanism to transfer expired permits; and WHEREAS, the State of Vermont has issued an individual stonnwater permit (6391-INDS) to the Winding Brook Homeowners Association; and WHEREAS,the Winding Brook Homeowners Association has requested that the City take over responsibility for their State of Vermont issued stormwater permit (6391-INDS); and WHEREAS, this type of permit transfer is allowed under the State Stormwater Management Rule for Stormwater Impaired Watersheds under section 22-309(b)(4); NOW THEREFORE, BE IT RESOLVED by the City Council that; The City Council authorizes the stormwater superintendent to take over the Winding Brook Stormwater permit (6391-INDS) if it meets the conditions set forth in the City Council stormwater resolution passed on August 21,2006; and BE 1T FURTHER RESOLVED, that; The stormwater superintendent is authorized to take over general or individual State Stormwater permits issued to residential properties if the conditions set forth in the City Council stormwater resolution passed on August 21, 2006 are met. APPROVED this day of October, 2010 SOUTH BURLINGTON CITY COUNCIL Mark Boucher, Chair James Knapp, Clerk Sandra Dooley,Vice Chair Frank Murray Meaghan Emery ',;are.,''i.r' :,' .i.•:.:-'•;�M'' .";,,,1,� ,. .::' • Si",.P. M>y„ i+x%'' ' "'' r.; y- `h rt -`. '+ " at, �,':i .� dui .•� ��'��, a�, •°. � q?�� :; 4°�<''y�:,by`W�' .��,ti '4�'�` lti 4�p,Raa; t^?•�`S>:jeE�i:•.•�s, ��'� ' !rg ['.�., Y ' R •mot 8i Y ;$.:. ,{,.{ 'j .° s. ��.Y�iZc• 1.4 5��<'�K.,•s,�.'!� :4 � �` '-YVtrj>`. ,.y.>=. : ^�.�'� �, v�„�iY�.�'Z•C.. � � . . q�,„„ ::�. w'. * a=y "s....a.P.-\� _» ,: .` .;' '.1', .;:%,,flt' .7a.... °" .r•: ...;��' fir- �i t4'" • '4::f 4t;S's, _ > * ~'` ,;:: far mi:k.: .* if �; O lz•„ir '' u. t ".7" .4 ice`=:°; ' `'� ; ': u1:s."" � ,), 1:�., q,h"•;..:�y�r � �. .ai. �''ze 5, �..'�x o' % 't\ '!�, p er, >'.ia @� P. ')'_. 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'.,,, '�/, .,, ^` •'. fig O + ; ., , ^>k..,=,. if ,5h „s 4 F: '' ;'; <.r „• .I; �" ,,,;,,d.'�''',23, rn :. °1 :Se''+.G .. f,' ire,.. , +.`_,ii r.. ."-.,�135i%y r1/4^: Permit No. 6391-INDS Project ID No.FJ 10-0163 STAFF OF VERMONT AGENCY OF NATURAL RESOURCES • • DEPARTMENT OF ENVIRONMENTAL CONSERVATION STOR.MWATER DISCHARGE PERMIT STORMWATER RUNOFF TO WATERS OF THE STATE In compliance with provisions of 10 V.S.A. §§1264 and 1264a and the Stormwater Management Rule for Stormwater-Impaired Waters and in accordance with"Terms and Conditions"hereinafter specified, Winding Brook Homeowners Association c/o Michel St. Germain 35 Winding Brook Drive South Burlington, VT 05403 (Impervious.Area=3.65 Acres) the permittee, is hereby granted permission to discharge stormwater runoff from the Winding Brook Condominiums located on Winding Brook Drive in South Burlington,Vermont. Stormwater from the project discharges to Potash Brook. Discharge Permit No. 63 91-INDS supersedes previously issued Discharge Permit No. 2-0988 for the same project. 1. Expiration Date: Five years from issuance date of final permit. Note: This permit,unless revoked,modified or suspended, shall be valid until the designated expiration date not withstanding any intervening change in water quality, effluent, or treatment standards,or classification of the receiving waters including groundwater. However,any such changed standard or classification,and any applicable requirement in a total maximum daily load (TMDL)for the receiving water,shall be applied in determining whether or not to renew this permit,and in determining the conditions of a renewed permit,. The permittee shall reapply for a renewed discharge permit ninety days prior to the expiration date of this permit. 2. Revocation: 10 V.S.A. §1267 provides as follows: The Secretary may, after notice and opportunity for a public hearing,revoke,modify or suspend this permit if it is found that the permittee submitted false or inaccurate information in its application or has violated any requirement,restrictions, or condition of this permit,or if there is any change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge. The Secretary shall impose conditions as the Secretary deems necessary for regulating the discharges of a permittee whose permit has been revoked, modified or suspended. Revocation shall be effective upon actual notice thereof to the permittee. 3. Operating Fees: This discharge is subject to operating fees under 3 V.S.A. §2822. The permittee shall submit the operating fees to the Agency in accordance with procedures provided by the Secretary. Permit#639I-INDS Page 2 of 6 4, Recording in Land Use Records: The permittee shall record a one-page notice of issuance of this discharge permit in the local land records within fourteen(14) days of issuance of this permit on the form provided by the Secretary,per §22-312 of Stormwater Management Rule For Stormwater Impaired Waters, The permittee shall provide a copy of the recording to the Secretary within fourteen(14) days of the permittee's receipt of the copy of the recording from the local land records. 5. Transfer of Permit: This permit is not transferable without prior written approval of the Secretary. Provided all applicable fees under 3 V.S.A. §2822 have been paid, a permittee may submit a notice of transfer to the Secretary. The notice shall be submitted at least five(5) days prior to the proposed date of transfer. The notice shall state that the prospective permittee has adequate funding to comply with this permit. The permittee shall provide a copy of this permit to the new owner or tenant and inform him of the responsibility to make application for a permit which shall be issued in his name. Any failure to do so shall be considered a violation of this permit, 6. Right of Entry: The permittee shall allow the Secretary, or his or her authorized representatives,at reasonable times, upon presentation of credentials,to enter upon and inspect the permitted premises, and the stormwater collection,treatment and control system and to Sample any discharge to determine compliance with this permit and to have access to and inspect and copy any records required to be kept pursuant to this permit. 7, Receiving Waters: Potash Brook 8. Manner of Discharge: S/N 001: Stormwater runoff from rooftops,access drive,driveways, and parking areas via sheet flow to grass swales, and via catch basin and pipe closed drainage system all routed to a wet pond with pretreatment sediment forebay, discharging via controlled outlet structure to Potash Brook. Additional stormwater runoff disconnected in accordance with the Stream Buffer Credit, discharging to Potash Brook. 9. Wastes Permitted: Storrnwater runoff from SIN 001 after treatment in wet pond, grass swales, and via sheet flow in compliance with Stream Buffer Credit. 10, Volumes Permitted and Frequency of Discharge: Such volumes and frequency as required by the discharge specified in#8 above. 11, Approved Project Design: This project shall be constructed and operated in accordance with the following site plans and details prepared by Champlain Consulting Engineers,inc.: (Plan Sheets C-1 through C-5,all dated 5/18/2006, and all last revised 7/29/2009; Plan Sheets 9-1 and 9-2, both dated 3/01/2010;and all supporting information. By reference,the above noted plans are made a part of this permit. Permit#6391-ENDS Page 3 of 6 12. Maintenance and Maintenance Reporting Requirements: a, The basins, swales, and related stormwater collection,treatment and control system shall be maintained in good operating condition at all times and shall be inspected annually and cleaned as necessary to maintain design specifications. The inspections shall be conducted between the conclusion of spring snow melt and June 15th of each year, b. Any sediment removed from the swales or basins shall be disposed of properly in accordance with state and federal statutes and regulations. c. Ey July 15 of each year the permittee shall submit a written report to the Department of Environmental Conservation, Water Quality Division,Building 10 North, 103 South Main Street, Waterbury,Vermont 05671-0408. This report shall include, at a minimum: i. for the first report, an inspection and verification that the project was built in compliance with the Approved Project Design per#10 above; ii. the dates and details of any cleaning and maintenance operations carried out in the preceding year; iii, a narrative summarizing the results of any inspections conducted in the preceding year and highlighting any stormwater related problems encountered, and all remedial steps taken in response; d. Should any erosional problems occur,the permittee is required to immediately correct any such problems. e. Any basins, swales, or related stormwater devices used during construction for erosion control shall be inspected and cleaned to design specifications immediately after construction has been completed. 13. Description of Required Offset and Offset Projects: In order to meet the statutory standard for new discharges set forth in 10 V.S.A. §I264a,the permittee is required to offset 263.5 pounds of sediment per year associated with permittee's proposed stormwater discharge. The Secretary hereby assigns the permittee an offset charge of 263.5 pounds of sediment per year from Offset Project Permit No. 5080-INDO which was issued to the City of South Burlington for the Farrell Street/Potash Brook Stormwater Improvement Project,which discharges to Potash Brook, 14. Personnel and Training Requirements: Such personnel and training as necessary to fulfill the requirements of#12 above, 15. Monitoring and Reporting Requirement: No monitoring required; reporting requirement as specified in#12 above. 16. Implementation of Offset: Offset Project Permit No. 5080-1NDO shall be completed prior to the discharge of regulated stormwater runoff from the Winding Book Condominiums as permitted herein. Permit#6391-INDS Page 4 of 6 17. Dater Requirements: a. Treated stormwater runoff is the only waste authorized for disposal under the terms and conditions of this permit, The discharge of any hazardous materials or hazardous waste into the stormwater management system is prohibited. b. The issuance of this permit does not relieve the permittee from the responsibility to obtain any other local,state or federal permits required by law, 17. Secretary's Determination: The Secretary has determined that this project meets the requirements of the Agency's 2002 Stormwater Management Manual and does not increase the sediment or hydrologic load of the receiving stormwater-impaired waters. The Secretary has determined that the proposed discharge will not reduce the quality of the receiving waters below the classification established for them. 18, Right to Aral to the Environmental Court: Pursuant to 10 V.S.A. Chapter 220,any appeal of this decision must be filed with the clerk of the Environmental Court within 30 days of the date of the decision. The appellant must attach to the Notice of Appeal the entry fee of $250.00,payable to the state of Vermont. The Notice of Appeal must specify the parties taking the appeal and the statutory provision under which each party claims party status; must designate the act or decision appealed from;must name the Environmental Court; and must be signed by the appellant or their attorney. In addition, the appeal must give the address or location and description of the property,project or facility with which the appeal is concerned and the name of the applicant or any permit involved in the appeal. The appellant must also serve a copy of the Notice of Appeal in accordance with Rule 5(b)(4)(B)of the Vermont Rules for Environmental Court Proceedings. For further information, see the Vermont Rules for Environmental Court Proceedings, available on line at www.ver nontiudiciary.or„g. address for the Environmental Court is 2418 Airport Road, Suite 1, Barre, VT 05641 (Tel, 4 802-828- 1660). 19. Dated at Waterbury,VT this 17th day of August ,2010 Justin G. Johnson, Commissioner t of Environmental Conservation By Peter Flamme, rrector Water Quality Division Permit#6391-TNDS Page 5 of 6 AGENCY OF NATURAL RESOURCES STOIRMWATER MANAGEMENT PROGRAM APPLICATION FOR TRANSFER An individual stormwater discharge permit or authorization to discharge under a general stormwater discharge permit is not transferable without the prior written approval of the Secretary of the Agency of Natural Resources, This Application for Transfer must be submitted at least five(5) days prior to the proposed date of transfer. All applicable fees under 3 V.S.A. §2822 must be paid before the Secretary will approve any transfer. Please provide the following information: 1. Stormwater Discharge Permit No. or Notice of Intent No. (for proposed transfer of an Authorization to Discharge under a General Permit): 2. Name,Address and Phone Number of Current Permittee(s): 3. Name,Address and Phone Number of Prospective Permittee(s): 4. Proposed date of transfer: 5, Provide a statement signed by the prospective permittee(s) that: a. the conditions of the facility operation that contribute to, or affect,the stormwater discharge will not be materially different under the new ownership; b. the prospective permittee has read and is familiar with the terms of the individual storrnwater discharge permit or the authorization to discharge and general permit, and agrees to comply with all of the terms and conditions of the individual stonnwater discharge permit or the authorization to discharge and general permit, whichever is applicable; c. the prospective permittee(s)has adequate funding or other means to effect compliance with the terms and conditions of the individual stormwater discharge permit or the authorization to discharge and general permit, whichever is applicable. Permit#6391-INDS Page 6 of 6 6. Signatures: Name of Current Permittee(s): Signature and Title of Authorized Representatives) Date Name of Prospective Permittee(s): Signature and Title of Authorized Representative(s) Date This Application for Transfer is hereby approved by the Secretary of the Agency of Natural Resources. Signature: Title: Date: AGENCY OF NATURAL RESOURCES STORMWATER MANAGEMENT PROGRAM APPLICATION FOR TRANSFER An individual stormwater discharge permit or authorization to discharge under a general stormwater discharge permit is not transferable without the prior written approval of the Secretary of the Agency of Natural Resources. This Application for Transfer must be submitted at least thirty(30) days prior to the proposed date of transfer. All applicable fees of$100.00 under 3 V.S.A. §2822 must be paid before the Secretary will approve any transfer. Please provide the following information: 1. Stormwater Discharge Permit No. or Notice of Intent No. (for proposed transfer of an Authorization to Discharge under a General Permit): 2. Name, Address and Phone Number of Current Permittee(s): 3. Name, Address and Phone Number of Prospective Permittee(s): 4. Proposed date of transfer: 5. Provide a statement signed by the prospective permittee(s)that: a. the conditions of the facility operation that contribute to,or affect,the stormwater discharge will not be materially different under the new ownership; b. the prospective perrnittee has read and is familiar with the terms of the individual stormwater discharge permit or the authorization to discharge and general permit, and agrees to comply with all of the terms and conditions of the individual stormwater discharge permit or the authorization to discharge and general permit,whichever is applicable; c. the prospective permittee(s)has adequate funding or other means to effect compliance with the terms and conditions of the individual stonnwater discharge permit or the authorization to discharge and general permit, whichever is applicable. 6. Signatures: Name of Current Permittee(s): Signature and Title of Authorized Representative(s) Date Name of Prospective Permittee(s): Signature and Title of Authorized Representative(s) Date This Application for Transfer is hereby approved by the Secretary of the Agency of Natural Resources. Signature: Title: Date: A RESOLUTION OF THE CITY OF SOUTH BURLINGTON ESTABLISHING A POLICY REQUIRING FINANCIAL FIRMS TO PRESENT FINDINGS TO THE CITY COUNCIL WHEREAS, the South Burlington City Council requests that financial firms present annually their findings during a regularly scheduled City Council meeting; and WHEREAS,the presentation of audit, actuarial, and investment reports is needed to guarantee that financial statements are properly disseminated to#the public; and Rig�t. WHEREAS,public disclosure of such financial reports is needed for the maintenance of internal and external controls and procedures toke certain that reports are correct, complete, and appropriately recorded. NOW, THEREFORE, BE IT RESOLVED, the C 'Manager is authorized,to request and coordinate annual presentations to the City Council by the City's Auditors, c uaries, and Investment Advisors of all pertinent reporting documents. .s,1 4#, qItt BE IT FURTHER RESOLVED that this request will *One required of all financial firms that contract with the City of So q>Iurlington now a din the future. Dated this day of October, 2010. g, Mark Boucher, Chair q1Pi ;, k .. ...... , "l';� x 'Sandra Dooley, Vice Chair gs ° 4 z P$fi ql�q3 "4 l}4 ed3sY ° , �' ai .f s 1 James Knapp, Clerk j #off 1 i ' Meaghan Emery io Frank Murray kmurphy Page 1 10/1/2010 RESOLUTION FOR MUNICIPAL PLANNING GRANT WHEREAS, the Municipality of South Burlington p y is applying for funding from the municipal planning grant program and may receive an award of funds under said program;and WHEREAS, the Department of Economic, Housing and Community Development may offer a Grant Agreement to this Municipality for said funding; and WHEREAS, the municipality is maintaining its efforts to provide local funds for municipal and regional planning purposes or that the municipality has voted at an annual or special meeting to provide local funds for municipal and regional planning purposes, Now,THEREFORE,BE IT RESOLVED 1. That the Legislative Body of this Municipality enters into and agrees to the requirements and obligations of this grant program; (MPG FY 2009 & MPG FY 2010) 2. That the Municipal Planning Commission recommends applying for said Grant; Randall Kay (Name of Planning Commission Chair) (Signature) 3a. That (Name) Sanford I Miller Title City Manager who is either the Chief Executive Officer(CEO), as defined by 10 VSA§683(8),or is a Select Board Member,the Town Manager,the City Manager, or the Town Administrator, is hereby designated to serve as the Municipal/Authorizing Official (M/AO)for the Grants Management On-Line System, Intelligrants,and to execute the Grant Agreement and other such Documents as may be necessary to secure these funds. 3b. (Alternate Municipal/Authorizing Official for redundancy) Robert Rustin Assistant City Manager That(Name) Title who is either the Chief Executive Officer(CEO), as defined by 10 VSA§683(8),or a Select Board Member, is the Town Manager,the City Manager, or the Town Administrator, is hereby designated to serve as the Municipal/Authorizing Official (M/AO)for the Grants Management On-Line System, Intelligrants, and to execute the Grant Agreement and other such Documents as may be necessary to secure these funds. 3c. That (Name) Paul Conner Title Dir. Of Planning & Zoning is hereby designated as the Grant Administrator,the person with the overall Administrative responsibility for the Municipal Planning Grant program activities related to the application, and any subsequent Grant Agreement provisions. Passed this day of LEGISLATIVE BODY* (name) (signature) Mark Boucher (CEO) Sandra Dooley James Knapp Meaghan Emery Francis Murray INSTRUCTIONS FOR RESOLUTION FORM A. The Legislative Body of the Municipality must adopt this resolution or one that will have the same effect. This Form may be filled in or the adopted Resolution may be typed on municipal letterhead,filling in the name of the municipality,the Legislative Body(e.g., Board of Selectmen), and the name and title of the Municipal/Authorizing Official (M/AO); and the Grant Administrator. B. Following formal adoption,the Resolution must be signed by a majority of the legislative body. The Chair of the Planning Commission must also sign upon endorsement by vote of the Planning Commission. C. This form must be uploaded or mailed to: Municipal Planning Grant Program Department of Economic, Housing and Community Development One National Life Drive, Sixth Floor Montpelier, VT 05620-0501 D. An electronic copy of the completed Resolution document will be available online. CONSORTIUM APPLICATIONS: E. For consortium applications,each municipality must complete a separate Resolution form. All municipalities must designate the same Municipal/Authorizing Official(s) and grant Administrator. CITY OF SOUTH BURLINGTON ENTERTAINMENT LICENSE APPLICATION Type of Application 0 Annual Permit Special Event Permit Date of Application: C—'a1-- Iv Name of Establishment: .) \C' -rnQ((AIT I5( )...AI, '- q,\ Address of Establishment: c ..e ‘rc S \, -\ ` 3T Name and Address of Owner: J�\f" - a,r-%\- -N4POA- I Name and Address of Operator: ., - Vr- ki.).1:-eiCAL Y . c Ccm‘erq; S A,(cr 4 ' 0--L,cCA1OV`k Win. ' Complete Description of 'Sh ow: - k 31 c G.CiA C�U(Ct yt C�c\C �l- '�`n I (J� e r i. Date(s) of Show and Hour(s ) of Operator: Date(s) i()'Dt Its\a_ k,ia3 14a i61 ac Ida) • Hour(s) `4--Q1 e\ 1-(aj 1-FA ..a, ;1 • Security Provisions:: . . } S I f RCA; \\(- at c w.\.\ "( C'LNk ar C�. Cc ct-G ' , ill i�,L' �C `4r' fit i(f�4 , 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. --9J --(> a ca_,, ,- • Signature Laura From: Tom Hubbard Sent: Wednesday, September 22, 2010 1:30 AM To: Laura Subject: RE: Entertainment permit-Nightmare Vt/So Burl Rotary 10/21, 10/22-23, 10/28-29-30, 2010 Attachments: image001.jpg Just the dog park -From me, which has been covered. . .Tom Original Message From: Laura Sent: Tue 9/21/2010 2:23 PM To: Trevor Whipple; Doug Brent; ray; Justin Rabidoux; Tom Hubbard Subject: Entertainment permit- Nightmare Vt/So Burl Rotary 10/21, 10/22-23, 10/28-29-30, 2010 This also needs to be approved for this event. They also have a use of public street permit on file. Any concerns, let me know. I have sent Jana the information concerning the dog park opening and parking on Kirby Road. Thank you- let me know. Laura Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington, Vt. 05403 lkimball(asburl.corn 1 Laura From: ray Sent: Tuesday, September 21, 2010 3:13 PM To: Laura; 'Trevor Whipple; Doug Brent; Justin Rabidoux; Tom Hubbard Subject: RE: Entertainment permit- Nightmare Vt/So Burl Rotary 10/21, 10/22-23, 10/28-29-30, 2010 No zoning issues. Ray Belair Administrative Officer City of So. Burlington 802-846-4106 From: Laura Sent: Tuesday, September 21, 2010 2:24 PM To: Trevor Whipple; Doug Brent; ray; Justin Rabidoux; Tom Hubbard Subject: Entertainment permit- Nightmare Vt/So Burl Rotary 10/21, 10/22-23, 10/28-29-30, 2010 This also needs to be approved for this event.They also have a use of public street permit on file. Any concerns, let me know. I have sent Jana the information concerning the dog park opening and parking on Kirby Road. Thank you- let me know. Laura volt ortv 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: Tuesday, September 21, 2010 4:13 PM To: Laura Subject: RE: Entertainment permit- Nightmare Vt/So Burl Rotary 10/21, 10/22-23, 10/28-29-30, 2010 Approved. From: Laura [mailto:lkimball©sburl.com] Sent: Tue 9/21/2010 2:23 PM To: Trevor Whipple; Doug Brent; ray; Justin Rabidoux; Tom Hubbard Subject: Entertainment permit- Nightmare Vt/So Burl Rotary 10/21, 10/22-23, 10/28-29-30, 2010 This also needs to be approved for this event.They also have a use of public street permit on file. Any concerns, let me know. I have sent Jana the information concerning the dog park opening and parking on Kirby Road. Thank you- let me know. Laura 40, Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 Ikimball@sburl.com 1 Laura From: Justin Rabidoux Sent: Tuesday, September 21, 2010 2:26 PM To: Laura Subject: RE: Entertainment permit- Nightmare Vt/So Burl Rotary 10/21, 10/22-23, 10/28-29-30, 2010 Approve From: Laura Sent: Tuesday, September 21, 2010 2:24 PM To: Trevor Whipple; Doug Brent; ray; Justin Rabidoux; Tom Hubbard Subject: Entertainment permit- Nightmare Vt/So Burl Rotary 10/21, 10/22-23, 10/28-29-30, 2010 This also needs to be approved for this event.They also have a use of public street permit on file. Any concerns, let me know. I have sent Jana the information concerning the dog park opening and parking on Kirby Road. Thank you- let me know. Laura � 6 Ato Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 lkimball@sburl.com 1 SITE ID 84933 SITE NAME PICARD CIRCLE HAUNTED HOU SITE ADDRESS PICRAD CIRCLE S BURLINGTON VT 05403 FACILITY ID 272147 FACILITY TYPE BU FACILITY NAME SOUTH BURLINGTON PROJECT ID 308230 PROJECT NAME HAUNTED HOUSES 2010 MEETING/SITE VISIT SUMMARY DATE OF MEETING/SITE VISIT 09/29/10 EMPLOYEE BENARD TIME OF MEETING/SITE VISIT LENGTH OF MEETING MEETING TYPE MEETING SUMMARY OF MEETING/SITE VISIT: MET ON SITE TO DISCUUS THE USE OF THE HOUSES FOR A HAUNTED HOUSE PRESENTATION. ALL UNITS MUST HAVE BATTERY SMOKE DETECTORS ON ALL LEVELS/NO OPEN FLAMES OF ANY TYPE INSIDE OF THE B UILDINGS/ALL ELECTRICAL WORK WILL REQUIRE A PERMIT AND ELECTRICAL INSPECTION BEFORE USE/EACH BUILDING MUST HAVE A 5LB ABC FIRE EXTINGUISHER/EACH PERSO N WILL HAVE A FLASHLIGHT/EACH BUILDING MUST HAVE A DESIGNATED PERSON INCHARGE WITH COMMUNICATION TO CALL 911/HANDRAILS REQUIRED FOR CELLAR STAIR OF BL DG D&BLDG C GARAGE. STAIR AND PLATFORM REQUIRED FOR WALL IN BLDG C/BLDG D CELLER MAY BE USE BUT NO T IN OTHER BLDG'S/THE SAFETY PLAN MUST BE SUBMITTE D TO ME AND AN INSPECTION REQ.BEFORE USE. 2 PERMIT APPLICATION .FOR USE OF PUBLIC STREETS SOUTH BURLINGTON, VERMONT . Date of Application: ti�/)(� Application #. PWg4 Name of Group Requesting Permit: S. &4rl,n9 i y (tJhfiiir€ v ) Contact Person with Group: Name: `iaiei a Be_43i 6rio@r„.,,N,--,-.--6, ,,,,,,s--) Address : )qo Peer j,y) If 2 Co is esi-¢a- V r Phone # : ?72--013`-1 Description of Event ( included Route, Time, Date) : Kirby Pei o)4. i .o1 ParJc( S ()( ttllowcon --Pumieciiser or ficarci Cr. 6 -/o,ON, Ocf-. Z ( -23, 2i--3o C .a_ I. e' 6;r1,00- tID J parL"(1%3 uDA AloriA lane, fraiel c, o'I Qr 1a e 6ise grc.5s Tor cam .II) p e c -k) Estimated Number of Participants : 9)0 Marshalling and Dispersal Areas in South Burlington : Sanitation Provided: Public Notice Provided: y(25 Route Marking Proposed: V 2� Public Safety Provided: seats {y by ga10 y • Liability Insurance . Provided: R®FQry / t c.diO4 Laura From: Tom Hubbard Sent: Monday, September 06, 2010 9:48 AM To: Laura Subject: RE: Attachments: image002.jpg; image003.jpg Hi Laura— The far end of Kirby Rd. extension(where the road dead-ends)will be fenced later this month for the dog park. Once that is installed there will be parking for about 25 cars in that area. The dog park closes at dusk, and there would be no parking allowed for the event planned until after dusk, so this will only effect the early time slots. I would think there would be ample parking elsewhere on Kirby Rd. extension and the dog park area could be used later in the evening if overflow is needed. Thanks, Tom Thomas Hubbard, CPRP Director 4 s South Burlington Recreation & Parks Dept. it 575 Dorset Street • Pir South Burlington, VT 05403 40' 802-846-4108 office 802-846-4101 fax thubbardsburl.com www.sburlrecdept.com From: Laura Sent: Friday, September 03, 2010 3:29 PM To: Tom Hubbard Subject: Oops, here it is!le 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: Tuesday, September 07, 2010 2:50 PM To: Laura Subject: RE: Halloween fundraiser-"Nightmare" use of public street Laura - I have contacted the State Fire Marshall, he will be calling Jana. Doug From: Laura Sent: Tue 9/7/2010 2:36 PM To: Doug Brent Subject: RE: Halloween fundraiser-"Nightmare" use of public street Doug, They are using the houses on Picard Circle that the airport has bought and having haunted houses in them. Tom Hubbard was concerned with the dog park opening but I have sent everyone's concerns to her. From: Doug Brent Sent: Tuesday, September 07, 2010 1:57 PM To: Laura Subject: RE: Halloween fundraiser-"Nightmare" use of public street Laura -As long as all parking rules are followed so that no fire hydrants or access is blocked no problem with that part. I am not sure just what they are doing though, is it a haunted house or something? If so they must do it with the permission of the State Fire Marshall. Let me know. Doug From: Laura Sent: Fri 9/3/2010 3:07 PM To: Trevor Whipple; Justin Rabidoux; ray; Doug Brent Subject: Halloween fundraiser-"Nightmare" use of public street October 21-23,28th_30th,2010 =s . Att o 410104.0110.11.11146 Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 1 Laura From: Justin Rabidoux Sent: Friday, September 10, 2010 1:27 PM To: Laura Subject: RE: Halloween fundraiser-"Nightmare" use of public street I approve with the condition that this use not adversely interfere with the new Dog Park in the same area. Justin From: Laura Sent: Friday, September 03, 2010 3:07 PM To: Trevor Whipple; Justin Rabidoux; ray; Doug Brent Subject: Halloween fundraiser-"Nightmare" use of public street October 21-23, 28th_30th,2010 fit 3/44 It Alt Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 lkimball@sburl.com 1 Laura From: Justin Rabidoux Sent: Friday, September 03, 2010 3:09 PM To: Laura Subject: RE: Halloween fundraiser-"Nightmare" use of public street Laura, We are turning this area into the Dog Park in this time frame. You may want to run this by Tom Hubbard, especially as far as parking is concerned. From: Laura Sent: Friday, September 03, 2010 3:07 PM To: Trevor Whipple; Justin Rabidoux; ray; Doug Brent Subject: Halloween fundraiser-"Nightmare" use of public street October 21-23, 28th_30th,2010 ir vrft,ksa • Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 lkimball@sburl.com 1 Laura From: ray Sent: Friday, September 03, 2010 3:24 PM To: Laura; Trevor Whipple'; Justin Rabidoux; Doug Brent Subject: RE: Halloween fundraiser-"Nightmare" use of public street No zoning issues. Ray Belair Administrative Officer City of So. Burlington 802-846-4106 From: Laura m .. ,. ..., ._.. ____. ..��...m__m_, -.... Sent: Friday, September 03, 2010 3:07 PM To: Trevor Whipple; Justin Rabidoux; ray; Doug Brent Subject: Halloween fundraiser-"Nightmare" use of public street October 21-23, 28th-30th,2010 k "IR 406 Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington, Vt. 05403 lkimball@sburl.com i Laura From: Trevor Whipple [twhipple@sbpdvt.org] Sent: Friday, September 03, 2010 7:58 PM To: Laura; Justin Rabidoux; ray; Doug Brent Subject: RE: Halloween fundraiser-"Nightmare" use of public street Approved as long as roadway is signed or managed by volunteers to keep one lane free of parked vehicles. From: Laura [mailto:lkimball@sburl.com] Sent: Fri 9/3/2010 3:07 PM To: Trevor Whipple; Justin Rabidoux; ray; Doug Brent Subject: Halloween fundraiser-"Nightmare" use of public street October 21-23, 28th-30th,2010 tom, Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 lkimball@sburl.com 1 Laura From: beagley.jana@gmail.com on behalf of Jana Beagley[info@nightmarevermont.org] Sent: Thursday, September 16, 2010 11:15 AM To: Laura Subject: Re: FW: Kirby Road Hi Laura, Thanks for the heads up! This sounds just fine to us, we'll make sure the actors and staff that arrive before dusk do not park at the dog park. Jana On Wed, Sep 15, 2010 at 10:38 AM, Laura<lkimball(u,sburl.com>wrote: Jana- This is from Tom Hubbard(Recreation Director) FYI Laura From: Tom Hubbard Sent: Monday, September 06,2010 9:48 AM To: Laura Subject:RE: Hi Laura— The far end of Kirby Rd. extension (where the road dead-ends)will be fenced later this month for the dog park. Once that is installed there will be parking for about 25 cars in that area. The dog park closes at dusk, and there would be no parking allowed for the event planned until after dusk, so this will only effect the early time slots. I would think there would be ample parking elsewhere on Kirby Rd. extension and the dog park area could be used later in the evening if overflow is needed. Thanks, Tom E - Thomas Thomas Hubbard, CPRP Director South Burlington Recreation & Parks Dept. 575 Dorset Street South Burlington, VT 05403 802-846-4108 office 802-846-4101 fax thubbardAsburl.com www.sburlrecdept.coin 1 20 l® FIRST/SECOND CLASS LIQUOR LICENSE AND TOBACCO APPLICATION License Year: May 1st through April 30th of following year Please file application in duplicate �,L_,y G\\Qe 1 ty„. Print Full Name of P son,Partnership,Corporation,Club or LLC niei�t Dpoi�ng usiLn/ess As-Trade Na�eN �l l( N;��`Sa 'W� Street and street number of premises covered by this application Town or City&Zip Code f3o2 8(�3 8Q L Telephone Number Ps Mx 1�i2 . S-1 •A\bar.5� O �(7 Mailing Address(if different from above) CIA �'� c. \tt•(� Email Address: 0 FIRST CLASS ZSECOND CLASS IXTOBACCO 7 77—o1316 • 1 iQ� Fee for ANY FIRST class license paid to town/city$100.0• ee to DLC $100.00 El RESTAURANT Fee for ANY SECOND class license paid to town/city 4,50.0E Fee to DLC $50.00 ❑ HOTEL Fee for TOBACCO ONLY license paid to town/city $10.00 ❑ CABARET ❑ CLUB TO THE CONTROL COMMISSIONERS OF THE TOWN/CITY OFw. \�ve✓\rv� ,VERMONT Application is hereby made for a license to sell malt and vinous beverages under and in accordance with Title 7,Vermont Statutes Annotated, as amended, and certify that all statements, information and answers to questions herein contained are true; and in consideration of such license being granted do promise and agree to comply with all local and state laws; and to comply with all regulations made and promulgated by the Liquor Control Board. Upon hearing,the Liquor Control Board may,in its discretion, suspend or revoke such license whenever it may determine that the law or any regulations of the Liquor Control Board have been violated,or that any statement,information or answers herein contained are false. MISREPRESENTATION OF A MATERIAL FACT ON ANY LICENSE APPLICATION SHALL BE GROUNDS FOR SUSPENSION OR REVOCATION OF THE LICENSE,AFTER NOTICE AND HEARING. If this premise was previously licensed,please indicate name S p' e 5 £Q.r' L>Z c e S I/we are applying as: ❑ INDIVIDUAL Q LIMITED LIABILITY COMPANY ❑ PARTNERSHIP CORPORATION Please fill in name,address,and place of birth of individual,partners,directors or members. LEGAL NAME STREET/CITY/STATE L . aMC+. •AD Ao\Q ' Jc-A e&.. 4543 Sao ,. S�-re�z �l�a i \„....ne JT Are all of the above citizens of the UNITED STA 1 ES? Yes El No (Note: Resident Alien is not considered a U.S. Citizen) If naturalized citizen,please complete the following: Name Court where naturalized(City/State/Zip) Date CORPORATE INFORMATION: If you have checked the box marked CORPORATION, please fill out this information for stockholders (attach sheet if necessary). LEGAL NAME STREET/CITY/STATE r40\Vhe N . t \\ e. 4of-k2j S*ef SS-reed- ' b y iqT V©A\\ge-- 3813 obeN, Ne gar,�4 I Si-. M1J '.1`1 Date of incorporation (e 1231 ►'t(e k Is corporate charter now valid? .I&,Sj Corporate Federal Identification Number 01J C)a 1 D. 001 Have you registered your corporation and/or trade name with the Town/City Clerk?‘14 S and/or Secretary of State? 1 .2 (as required by VSA Title 11§1621,1623&1625). ALL APPLICANTS HAVE ANY OF THE APPLICANTS EVER BEEN CONVIC LED OR PLED GUILTY TO ANY CRIMINAL OR M..Q OR VEHICLE rINSE IN ANY COURT OF LAW (INCLUDING TRAFFIC TICKETS BY MAIL) V YES NO If yes,please complete the following information: (attached sheet if necessary) Name Court/Traffic Bureau Offense Date See Act k Do any of the afnnis hold an el ive or appointive state,county,city,village/town office in Vermont? (See VSA,T.7,Ch. 9,4223) I I YES I V I NO If yes,please complete the following information: Name Office Jurisdiction Please give name, title and date attended of manager, director, partner or individual who has attended a Liquor Control Licensee Education Seminar,as required by Education Regulation No.3: NAME: 5''o — S;\Q\ey TITLE: S (M Av,airt.." DATE: A % 201O (If you have not attended an Education Seminar prior to making application, please contact the Liquor Control Investigator in your area regarding this mandatory training.) FOR ALL APPLICANTS:DESCRIPTION/LOCATION OF PREMISES (Section 4) Description of the premises to be licensed: 81,( W;\ C, P.oct,, o V A S. otc coT. A 1-.Q,A,c. 5‘,-"+ N COYn,S tA J Does applicant own the premises described? .4 If not owned,does applicant lease the premises? If leased,name and address of lessor who holds title to property: Are you making this application for the benefit of any other party? FIRST CLASS APPLICANTS ONLY: No first class license may be issued without the following information. HEALTH LICENSE#: Food Lodging (if licensed as a Hotel) VERMONT TAX DEPARTMENT: Meals&Rooms Certificate/Business Account# Business is devoted primarily to: (Circle one) FOOD (restaurant) ENTERTAINMENT(cabaret) HOTEL CLUB If you are considering Outside Consumption service on decks, porches, cabanas, etc. you must complete an Outside Consumption Permit. Please request this form from your Town/City or from the Department of Liquor Control. CABARET APPLICANTS ONLY: Applicant hereby certifies that the sale of food shall be less in amount or volume than the sales of alcoholic beverages and the receipts from entertainment and dancing; if at any time this should not be the case, the applicant/licensee shall immediately notify the Department of Liquor Control of this fact. Signature of Individual,Partner,authorized agent of Corporation or LLC member ALL APPLICANTS MUST COMPLETE AND SIGN BELOW The applicant(s)understands and agrees that the Liquor Control Board may obtain criminal history record information from State and Federal repositories prior to acting on this application. I/We hereby certify, under pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan approved by the Commissioner of Taxes to pay any and all taxes due the State of Vermont as of the date of this application. (VSA,Title 32,43113). In accordance with 21 VSA, 41378 (b) I/We certify,under pains and penalties of perjury, that I/We are in good standing with respect to dr in full compliance with a plan to pay any and all contributions or payments in lieu of contributions due to the Department of Employment and Training. If applicant is applying as an individual: I hereby certify that I/We are not under an obligation to pay child support or that I/We are in good standing with respect to child support or am in full compliance with a plan to pay any and all child support payable under a support order. (VSA,Title 15,4795). Dated at . AVbxc S in the County of c('cvr, and State of V , this 3,�. day of a e.ev, , ,20 J O Corporations lubs:Signature of Authorized Agent Individuals/Partners: (All partners must sign) Pfe ‘c\a-v-4-- . (Title) Upon being satisfied that the conditions precedent to the granting of this license as provided in Title 7 of the Vermont Statutes Annotated, as amended,have been fully met by the applicant,the commissioners will endorse their recommendation on the back of the applications and transmit both copies to the Liquor Control Board for suitable action thereon,before any license may be granted. For the information of the Liquor Control Board, all applications shall carry the signature of each individual commissioner registering either approval or disapprovaL Lease or title must be recorded in town or city before issuance of license. ,Vermont, Town/City Date APPROVED DISAPPROVED Approved/Disapproved by Board of Control Commissioners of the City or Town(circle one)of Total Membership members present Attest, City or Town Clerk TOWN OR CITY CLERK SHALL MAIL APPLICATION DIRECTLY TO THE DEPARTMENT OF LIQUOR CONTROL, 13 Green Mountain Drive, Montpelier, VT 05602. If application is disapproved, local control commissioners shall notify the applicant by letter. No formal action taken by any agency or authority of any town board of selectmen or city board of aldermen on a first or second class application shall be considered binding except as taken or made at an open public meeting. VSA Title 14312. NOTICE: After local action, all new applications are investigated by the Enforcement and Licensing Division prior to approval/disapproval of the license by the Liquor Control Board. SECTION 5111 AND 5121 OF THE INTERNAL REVENUE CODE OF 1954 REQUIRE EVERY RETAIL DEALER IN ALCOHOLIC BEVERAGES TO FILE A FORM ANNUALLY AND PAY A SPECIAL TAX IN CONNECTION WITH SUCH SALES ACTIVITY. FOR FURTHER INFORMATION,CONTACT: THE BUREAU OF ALCOHOL,TOBACCO&FIREARMS (11B) (513)684-2979 DEPARTMENT OF THE TREASURY 550 MAIN STREET,CINCINNATI,OH 45202 - Viotor Vehicle Violations irector or stockholder been convicted or pleaded guilty to any criminal or motor vehicle offense in any court Yes No tease complete the fatlowine information: , Name of Court Offense Date , .Rodotphe J. Franklin County Simple Intoxication 11/21/1957 , Rodolphe J. Franklin County Failure Display Boat Rea 07/27/1979 ,-Timothy L. Vermont VSL 12/31/1986 , Timothy L. Vermont • ISL 06/04/1987 , Timothy L. Vermont VNI 09/09/1987 , Timothy L. Vermont VSL 12/17/1987 , Timothy L. Vermont FR 05/18/1933 , Timothy L. Vermont ES 05/16/1990 , Timothy L. Vermont VSL 04/22/2001 , Rodotphe 1t. Vermont S01 08/01/1991 , Rodolphe K. Vermont BR 03/08/1998 , Rodolphe M. Vermont ISL 01/05/1999 • lZ-0 k.b 10.1 td N-e. \,.... s;4• i,,,, . moo,ti CITY COUNCIL 20 SEPTEMBER 2010 The South Burlington City Council held a regular meeting on Monday, 20 September 2010, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: M. Boucher, Chair; S. Dooley, M. Emery, J. Knapp, F. Murray Also Present: S. Miller, City Manager; P. Conner, Director of Planning & Zoning; K. Murphy, Planning Dept; R. Kay, T. Duff, Planning Commission; M. Kupferman, M. Taylor, B. Stuono, M. Young, C. Williams, J. Jarvis, Y. Aladis, S. Carlson, J. Aeoli 1. Comments & Questions from the Audience not related to Agenda Items: a. Monica Taylor, who works with Spectrum Youth Services, said that in getting an Entertainment Permit for a bike rid, they overlooked the need for a music permit and have missed the deadline. Mr. Murray moved to approve the music permit for Spectrum Youth Services for their 3 October event. Ms. Emery seconded. Motion passed unanimously. b. Mr. Young said The Other Paper had referred to "reserve funds." He asked how much the city has in reserve. Mr. Boucher said the only reserve fund with some discretion that he knows of is about $1.5 million which came from the sales tax and rooms &meals fund in case there wasn't enough money collected. Ms. Dooley added that all city funds are detailed in the Auditor's Report. 2. Announcements & City Manager's Report: Mr. Miller: a. Attended the City Manager's conference last week and will be in California on 18 October for the National City Manager's meeting. Members agreed to move the City Council meeting scheduled for that night to 25 October. B. The Assistant City Manager's job has been offered to Robert Rustin, current Town Manager of Wilmington, Vermont. He will start on 25 October. C. At the City Manager's meeting, the topic of shared services among communities was discussed. He noted that South Burlington is already doing the billing for Williston's Emergency Medical Services. There is also a 3-town effort to hire an economic coordinator. Ms. Dooley: a. Attended a meeting with Mr. Miller and city Planning Department people with the Burlington Planning Department regarding the proposal of Champlain College to build a dorm adjacent to South Burlington. B. Attended a meeting with Mr. Murray regarding Exit 12B CITY COUNCIL 20 SEPTEMBER 2010 PAGE 2 Mr. Knapp: Complimented the Fire Department on its recent Open House. Mr. Boucher: At the Steering Committee meeting held earlier this evening members of the Council and School Board agreed to form a committee for the selection of a new auditor. Proposals have been received but have not yet been opened. The committee would include a City Council member, School Board member, City Manger Miller and Superintendent Everitt. Mr. Boucher said he was willing to serve on that committee. Mr. Murray nominated Mr. Boucher to serve on the committee to select a new auditor. Ms. Dooley seconded. Motion passed unanimously. 3. Interview Applicants for Appointments to Boards, Commissions, and Committees: No new applicants were present. Mr. Boucher said the Council will deliberate in Executive Session and announce appointments following their deliberations. 4. Adoption of Resolution Regarding Dog Park Rules & Regulations: Committee members indicated that the rules had been reviewed by the City Attorney and Dog Warden. Mr. Young asked if there is a city liability if someone gets bitten by a dog in the dog park. Ms. Dooley said the adjusters would evaluate to see if the city was negligent. The city would be defended by its insurance company. She noted there is always liability, but the city is in a very defensible position if it follows recommendations and best practices. Mr. Murray moved to adopt the Dog Park Rules & Regulations as presented. Mr. Knapp seconded. Motion passed unanimously. Committee members invited the public to the grand opening of the Dog Park on 2 October, 10 a.m.-Noon. 5. Public Hearing on Proposed Backyard Chickens Ordinance; second reading of same: Mr. Murray moved to open the public hearing. Mr. Knapp seconded. Motion passed unanimously. Mr. Conner reviewed the history of the proposed ordinance. He noted that groups of residents approached the city regarding raising chickens in residential neighborhoods. CITY COUNCIL 20 SEPTEMBER 2010 PAGE 3 Current regulations don't allow for the keeping of any livestock. Meetings were held in neighbors and on Front Page Forum. There was considerable public interest, including neighborhood polls. The proposed ordinance would allow the keeping of up to 6 chickens (no roosters) on a lot or a condo building. The Queen City Fire District land parcel could have up to 15 chickens. Regulations include standards regarding odors, waste, fines, etc. Ms. Carlson spoke against the ordinance. She felt livestock belong in rural settings only. She was concerned with sanitation and asked how the standards would be enforced. Ms. Dooley said if there were issues, the City Manager should be notified. She added that people who want to raise chickens want to do this so their families can eat the eggs, so they will be want to do this in a very sanitary way. Ms. Aladis, who lives in Queen City Park, said she worked for the Burlington Community Development Office for 20 years. This office receives all complaints, and they never received a complaint about chickens, which are allowed in the City of Burlington. Mr. Boucher said his main concern was with people some years out who may not be as responsible as the people who support the ordinance. Mr. Murray said if it proves to be disastrous, the Council can always reverse its actions. Mr. Aeoli said the most complaints would probably come from noise. Mr. Kay said the city's person who handles noise complaints is very professional. He also noted that the Planning Commission looked at ordinances from other communities that have been very successful. Mr. Conner said the City Attorney recommends fine tuning the enforcement system, possibly having a ramping of fines, and citing the State Statutes that give the city authority to do this. Mr. Knapp recommended changing the wording of Section 103A to "for each such building." Mr. Murray then moved to close the public hearing. Ms. Emery seconded. Motion passed unanimously. Mr. Murray moved to waive the second reading. Ms. Emery seconded. Motion passed unanimously. CITY COUNCIL 20 SEPTEMBER 2010 PAGE 4 Ms. Dooley moved to approve the Backyard Chickens Ordinance as amended above. Ms. Emery seconded. Motion passed 4-1 with Mr. Boucher opposing. 6. Accept Resignation of Chris Cavin as City Representative to the Winooski Valley Park District: Mr. Murray moved to accept the resignation of Chris Cavin as representative to the Winooski Valley Park District and to authorize the City Manager to send a letter of thanks for her services. Mr. Knapp seconded. Motion passed unanimously. Mr. Miller advised that someone is interested in filling that position, and when the application process is complete, he will present it to the Council. 7. Accept Resignation of Charles Hafter as Alternate to the Champlain Water District Board, effective immediately: Mr. Murray moved to accept the resignation of Charles Hafter as alternate to the Champlain Water District Board. Ms. Emery seconded. Motion passed unanimously. 8. Discussion on Exit 12B and City Comprehensive Plan: Ms. Dooley noted that she and Mr. Murray had attended a meeting on the 12B question. At that meeting, there was discussion of providing access to Kennedy Drive from I-89 as an alternative. There was also discussion regarding an access between exits 14 and 15. She felt there should be discussion as to what the Council wants to put in the Comprehensive Plan which now includes language regarding Exit 12B. Ms. Emery said she has concerns with an exit on Hinesburg Road because of curves in the road and traffic issues. Mr. Boucher noted 12B has been discussed for many years. Mr. Miller said its inclusion in the Comprehensive Plan goes back decades. Ms. Dooley noted it was in the 2006 Comprehensive Plan with a list of 25 or so improvements without any prioritization. Mr. Conner gave members a copy of references to 12B and Exit 13 from the Comprehensive Plans. He noted that only in 1992 was there any prioritization indicated for any improvements. In that year, Exit 13 was in the top 5 and 12B/Hinesburg Road was in the next 5. Mr. Aeoli said he felt it would be good to look at how different alternatives would affect traffic in the city. He said he looked at Exit 13 was a way to solve the Airport access and CITY COUNCIL 20 SEPTEMBER 2010 Page 5 Williston Rd. issues. He also suggested improving Exit 12 and creating an access road to the industrial area. Ms. Emery noted that when the city asked the MPO about Exit 13, they were told the Feds wouldn't allow a left-hand exit. Mr. Aeoli said this would be a "right to right." Mr. Boucher noted there hasn't been a new exit built in Veiiuont since the mid-1970's, and he felt it was unrealistic to think that anything will happen with Exit 13. Ms. Dooley said she was concerned with how Exit 12B could undermine the City Center. Mr. Boucher said the area near 12B is industrial and won't affect the City Center. Mr. Murray felt the questions being raised were reasonable. He wasn't sure why the city was heading down the "12B path" instead of looking at the whole picture. Mr. Knapp said looking at the Comprehensive Plan every 5 years is a process. He felt the Council should not interfere with that process. Ms. Dooley said she felt this was too big to put on the Planning Commission to deal with. Mr. Murray said he felt the City Council could do some independent thinking. Mr. Miller stressed that the Planning Commission has to be an independent entity. He felt the Council can become familiar with the history of the issue and can bring in MPO people and other advisors. Mr. Knapp said Vtrans, the Feds, MPO, etc. have spent a lot of money, and felt that before the city spends a lot of energy they should find out whose money is being spent to get engineers here. He added the City should get input from each organization. Mr. Miller said there is a process that allows the Council to look at all alternatives, but there has to be funding for that. He added that the City will have to take a position as part of the Comprehensive Plan. Mr. Conner also noted that because 12B has been in the Comprehensive Plan for 40 years, it has informed zoning since that time. If there is a change,the zoning will have to be reconsidered. Mr. Boucher suggested getting the MPO to a meeting in October and inviting Planning Commission members as well. Ms. Dooley said she is not ready to vote on a Comprehensive Plan that includes the current language. Mr. Miller said they could indicated that this issue needs more exploration that will be done at a specified time. Ms. Dooley moved that two Council members work through the City Manager with staff to set a date for a meeting as a first step in a process to examine this policy. Mr. Murray seconded. Motion passed unanimously. CITY COUNCIL 20 SEPTEMBER 2010 PAGE 6 9. Review of Development Review Board Agenda For 21 September 2010: No issues were raised. 10. Review and Approve Minutes of Regular Meeting of 7 September 2010: It was noted that on page 7, item#7, the cost figure should read $4,000-$6,000 for additional work. Mr. Murray moved to approve the Minutes of 7 September 2010 as amended. Ms. Emery seconded. Motion passed unanimously. 11. Sign Disbursement Orders: Disbursement Orders were signed. 12. Executive Session: Mr. Murray moved that the Council meet in executive session with the City Manager and City Attorney to discuss appointments, personnel, and contract negotiations and to resume regular session to announce appointments and possible other actions. Ms. Emery seconded. Motion passed unanimously. On a motion made by Mr. Knapp, seconded by Ms. Emery the City Council voted unanimously to re-enter public session. On a motion made by Mr. Murray, seconded by Ms. Dooley, the City Council voted unanimously to authorize the Honorable Mark Boucher, South Burlington City Council Chair, to sign and forward a letter to the International City/County Management Association (otherwise known as ICMA) that expresses a series of City Council concerns about Mr. Hafter former City Manager adherence to ICMA Code of Ethics which serves South Burlington's City Manager. On a motion made by Mr. Knapp, seconded by Ms. Emery, the City Council voted unanimously to re-enter executive session to discuss board, commission, and committee appointments, with the possibility of action. 13. Announcement of Appointments: Following the executive session, Ms. Dooley moved to make the following appointments: CITY COUNCIL 20 SEPTEMBER 2010 PAGE 7 Sally Fox Correctional Facility Liaison Helen Head Correctional Facility Liaison William Tetgmeyer Correctional Facility Liaison Alternate Michael Sirotkin Development Review Board Jay Pasackow Library Board Susan Rusnak Library Board Marie Ambusk Natural Resources Committee Ted Riehle Planning Commission Jennifer Kochman Recreation Committee & Leisure Arts Elizabeth Rabitaille Recreation Committee& Leisure Arts Edie Robenstein Recreation Committee & Leisure Arts Rick Hubbard Rec Path Committee Louis Bresee Rec Path Committee Roy Neuer Rec Path Committee Duncan Adamson Rec Path Committee Lisa Yankowski Red Rocks Park Committee Ms. Emery seconded the motion which then passed unanimously. As there was no further business Mr. Knapp moved for Council adjournment. Ms. Dooley seconded. Motion passed unanimously. Council adjourned.