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Agenda - City Council - 10/01/2012
1:4 southbuil.inott3n VERMONT AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall 575 Dorset Street SOUTH BURLINGTON, VERMONT Executive & Continued Deliberative Session 5:00 p.m. Monday, Oct. 1, 2012 Consider entering executive session to discuss personnel, contract negotiations and litigation and continue deliberative session on Interim Zoning applications. Regular Session 6:00 p.m. Monday, Oct. 1, 2012 1. Agenda Review: Additions, deletions or changes in order of agenda items. 2. Comments and questions from the public not related to the agenda. 3. Announcements and Deputy City Manager's Report. 4. Consent Agenda: a. ***Approve Minutes for Sept 4, 6th, & 18th. b. *** Sign Disbursements. c. ***Approval to spend unreserved Sewer surplus for Bartlett Bay Plant Disc Filter Repair Project (Bob Rusten, Deputy City Manager). d. *** Consider approval for City Manger/Designee to sign the Warranty Deed to complete the land swap between the City of South Burlington and Lewis Family Partnership (Paul Conner, Director, Planning and Zoning). e. *** Consider approval of the Irrevocable Offer of Dedication between Dorset Links, LLC and the City of South Burlington (Paul Conner, Director, Planning and Zoning). f. *** Consider approval of Resolution to Create a Senior Citizens Organization Reserve Fund (Bob Rusten, Deputy City Manager). g. ***Approval Entertainment Permits for the following: • Magic Hat Art factory-Art Walk— Oct. 5, 2012. 5. Update from the Veterans Memorial Committee (Jay Zaetz and Lisa Levite). 6. *** Interim Zoning - Public Hearing: a. Interim Zoning# IZ-12-11, Larkin Realty, amendment to existing PUD, demolish existing two story, 89 unit hotel, replace with four story, 89 unit hotel, 5 Dorset Street. 7. *** Interim Zoning - Continued Public Hearings: a. Interim Zoning Application # IZ-12-07, Rye Associates, 52 unit PUD with 20,000 sq. ft. of commercial space in 4 buildings, 1075 Hinesburg Road. b. Interim Zoning Application # IZ-12-08, 900 Dorset Street, LLC; construct three (3) unit multi-family dwelling on lot with existing single family dwelling, 900 Dorset Street. c. Interim Zoning Application # IZ-12-10, John & Kathleen Pennucci, two (2) lot subdivision, 1721 Dorset Street. 8. *** Review Affordable Housing Committee recommendation regarding consultant selection and authorize City Manager/designee to finalize and sign contract with PlaceSense and Front Porch Community Planning for Affordable Housing Study (Kimberly Murray, Development Coordinator). 9. *** Reconvene as Liquor Control Board to consider approval of Liquor License for: • Guild & Company, 1633 Williston Road 10. Reschedule Priorities and Procedures Review(from Oct. 29th to another date). 11. Other Business a. Items held from the Consent Agenda b. Bike Rack—items Council may wish to place on a future agenda i. Ordinance requests (anti-idling, anti-pesticides, others). c. Other? 12. Consider entering executive session for discussion of personnel matters and litigation and continue deliberative session on Interim Zoning applications (if needed). Respectfully Submitted: Sanford I. Miller City Manager *** Attachments Included ### Attachments Sent Separately or Previously South Burlington City Council Meeting Participation Guidelines City Council meetings are the only time we have to discuss and decide on City matters. We want to be as open and informal as possible; but Council meetings are not town meetings. In an effort to conduct orderly and efficient meetings,we kindly request your cooperation and compliance with the following guidelines. 1. Please be respectful of each other(Council members,staff,the public). 2. Please raise your hand to be recognized by the Chair. Once recognized please state your name and address. 3. Please address the Chair and not other members of the public, staff, or presenters. 4. Please abide by any time limits that have been set. Time limits will be used to insure everyone is heard and there is sufficient time for the Council to conduct all the business on the agenda. 5. The Chair will make a reasonable effort to allow everyone to speak once before speakers address the Council a second time. 6. The Chair may ask that discussion be limited to the Councilors once the public input has been heard. 7. Please do not interrupt when others are speaking. 8. Please do not repeat the points made by others, except to briefly say whether you agree or disagree with others views. 9. Please use the outside hallway for side conversations. It is difficult to hear speaker remarks when there are other conversations occurring. Public Sign- In Oct. 1st, 2012 City Council Meeting Please Print Name Name Name 1 '9Gtio*S 18 35 2,1/4-s-rchaie1 19 36 3 I alU\A /404 20 37 4 JUilh PAAUG6i 21 38 5 ra-4 I /rnCCf 22 39 6 IT /444 4N i A/aGa, 23 40 7 - Tehme9 24 41 8 < / 25 42 9 bitl > 26 43 1 l�G(--/ifio,(1 -77 27 44 lip/kg'e' A 28 45 12 k J 29 46 13 6 /) 30 47 14 31 48 15 32 49 16 33 50 17 34 51 Revised 4/2012 o ei;t: Interested Persons Record and Service List south. verr.,r,nT Under the 2004 revisions to Chapter 117, the Appropriate Municipal Panel (AMP) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. §4461(b). The AMP must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. §4461(b). A copy of any decision rendered by the AMP must be mailed to every person or body appearing and having been heard by the AMP. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the AMP must supply a list of interested persons to the appellant in five working days. 24 V.S.A. §4471(c). _=1- vyc-f ; . ..o•.:ri� 9-SEARING ®ATE: 0G--1-0 'Jr ll 2-0t a-- Okick p IicA�hian S PLEASE PRINT CLEARLY! NAME EMAIL ADDRESS MAILING ADDRESS PROJECT OF INTEREST ct04: 6lI` d ,ii)14i4(le / 7ciP 770r. Sf ? AtpZ 11.0 r-i @ tl06. colr-A 1 k" L� LUcGA .a /11.-A 5141/ Af...)r j6(. ?ft A,,, i v ‘ ,,,,i,i(a k..c Leahi-ctAier,:of( , r%%-:Cr c.._.''?_;:- 1 'Pr- ...„ 07.5-,,,.. ( r?.? , i 2„,,,.. ..., t t.,) 1br tit,irialitAra. Pe jtct.tc.i v •-�tr`c'h� cfs sewn �3c i�c IZ - iZ - I �i 5I G42:1 'T t 7 - I z -e? - Ci v . Y1L, • ,As,s cc. -v c 3 4 Oe> o\esy.„i(?ce 6.-v- •,owl i o Nlct .s 1tle1 \i'sr w vn. u. g.uvi _ \CT 05405 VZ - 12 - 08 ":,Ct.„___,‘,./) Revised 4/2012 • Interested Persons Record and Service List era : Under the 2004 revisions to Chapter 117, the Appropriate Municipal Panel (AMP) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. §4461(b). The AMP must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the AMP must be mailed to every person or body appearing and having been heard by the AMP. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the AMP must supply a list of interested persons to the appellant in five working days. 24 V.S.A. §4471(c). ?o HEARING DATE: (Dcrt-a(oe-r I , a-O( a- AT p l ' �r. s PLEASE PRINT CLEARLY! N.'\ME EMAIL ADDRESS MAILING ADDRESS PROJECT OF INTEREST ci m o,fz. l L ec-en-44T-ct kit ' , 00`.3 c._ 10 Iy1Pt-r�-LAD V c' eao 410-4 V\ e1 aC L.Av k vt VA-P-A/044.4kr a finah -- Pe po„d- C:r i= .„\\ f . v 09/28/12 City of South Burlington Accounts Payable Page 1 10:13 am Check Warrant Report # cingalls Unpaid Invoices For Check Acct 1(GENERAL FUND) From / / To 10/02/12 . Purchase Discount Amount Check Check Vendor Invoice Invoice Description Amount Amount Paid Number Date AMECAM AMERICAN CAMPING ASSOCIATION 000DWIN/13 MEMBERSHIP RENEWAL 200.00 0.00 . /--/-- AT&T AT&T MOBILITY 623X09152012 MOBILE PHONES 187.96 0.00 . /--/-- AT&T AT&T MOBILITY -292X09152012 MOBILE PHONES 207.92 0.00 . /--/-- BAHR BAHR SALES, INC. 9998 BULBS 59.26 0.00 . /--/-- BCN TELE BCN TELECOM INC 21154131 PHONES 139.49 0.00 . /--/-- BEATTY BEATTY, JOHN W SR. TRUST 09242012 REFUND ON TAXES 69.46 0.00 . /--/-- BENMEAD BEN MEADOWS 1019062224 GAUGES 237.04 0.00 . /--/-- BERGE BERGERON PROTECTIVE CLOTHING L 124665 UNIFORMS - EQUIPMENT 13240.11 0.00 . /--/-- SIRENS BIBENS ACE 761506/3 WIRE BRUSH 5.99 0.00 . /--/-- BIBENS SIRENS ACE 761522/3 SUPPLIES 26.98 0.00 . /--/-- BIBENS SIRENS ACE 761320/3 BUNJIE CORDS 20.52 0.00 . /--/-- BIBENS SIBENS ACE 761551/3 DRILL BIT 12.98 0.00 . /--/-- BIBENS BIEENS ACE 761595/3 REPAIR DOOR 27.22 0.00 . /--/-- BIBENS BIBENS ACE 761577/3 PADLOCK 11.69 0.00 . /--/-- SIRENS BIBENS ACE 761588/3 TIEDOWN RATCH 25.98 0.00 . /--/-- SIBENS SIRENS ACE 761594/3 BATTERIES 26.98 0.00 . /--/-- BISENS SIRENS ACE 761609/3 SCOTCH TAPE 21.98 0.00 /--/-- BOUND BOUND TREE MEDICAL, LLC 80878378 MEDICAL SUPPLIES 653.34 0.00 . /--/-- ROUND BOUND TREE MEDICAL, LLC 80853896 STRETCHER 13616.08 0.00 . /--/-- BURL3 BURLINGTON, CITY OF 2013 OVERPMT TAX OVERPAYMENT 888.73 0.00 . /--/-- BURLFR BURLINGTON FREE PRESS FP09252012 STATION #2 HOLMES RD 15.30 0.00 . /--/-- BURLGLASS BURLINGTON GLASS CENTER X832260 WINDSHIELD 225.00 0.00 . /--/-- BUS BUS PARTS WAREHOUSE IN00454087 X-ING ARM ASSEMBLY 320.84 0.00 . /--/-- BUS BUS PARTS WAREHOUSE CN00026617 X-ING BASE ASSEMBLY -503.23 0.00 . /--/-- BUS BUS PARTS WAREHOUSE IN00453995 MOTOR ASSEMBLY 593.29 0.00 . /--/-- BUS BUS PARTS WAREHOUSE CN00026633 RETURN - MOTOR ASSEMBLY -573.30 0.00 . /--/-- BUS BUS PARTS WAREHOUSE IN00454626 X-ING ARM ASSEMBLY 321.00 0.00 /--/-- CARQUE CARQUEST AUTO PARTS 11141-18939 WIPER BLADES 25.98 0.52 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-18897 VEHICLE PARTS 37.36 0.75 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-18938 WIPER BLADES -33.98 -0.68 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-18965 OIL 38.28 0.77 . /--/-- CARQUE CARQUEST AUTO PARTS 11138-18223 MIXING STICK 4.60 0.09 . /--/-- CARQUE CARQUEST AUTO PARTS 11138-18323 BLACK BEAUTY 39.96 0.80 . /--/-- CARQUE CARQUEST AUTO PARTS 11138-18098 EXPDXY 8.38 0.17 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-18749 EPDXY 12.86 0.26 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-18765 MASKING TAPE 37.92 0.76 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-18563 SHOP SUPPLIES 45.44 0.91 . /--/-- CARQUE CARQUEST AUTO PARTS 11138-17656 PLATINUM STARTER 258.29 5.17 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-18506 SUPPLIES 71.98 1.44 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-18374 LAMPS 161.18 3.22 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-18507 STARTER, SWITCH, LIGHT -334.14 -6.68 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-18481 OIL & FILTER 50.02 1.00 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-18605 BALL JOINTS 257.15 5.14 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-18634 U JOINT 35.60 0.71 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-18645 U JOINT 35.60 0.71 --------.-- -------- /--/-- CARQUE CARQUEST AUTO PARTS 11141-18496 SUPPLIES 53.91 1.08 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-18493 FLUID FUNNEL 16.63 0.33 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-18606 MARKER LAMP 38.20 0.76 . /--/-- CARQUE CARQUEST AUTO PARTS 11138-18380 ANTI FREEZE 369.00 7.38 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-19042 AIR FILTER 8.73 0.17 . /--/-- 09/28/12 City of South Burlington Accounts Payable Page 2 10:13 am Check Warrant Report # cingalla Unpaid Invoice For Check Acct 1(GENERAL FUND) From / / TO 10/02/12 Purchase Discount Amount Check Check Vendor Invoice Invoice Description Amount Amount Feld Number Date CARQUE CARQUEST AUTO PARTS 11141-18696 REFLECTIVE MARKERS -11.00 -0.22 /--/-- CARQUE CARQUEST AUTO PARTS 11141-19019 VEHICLE PARTS 9.65 0.19 /--/-- CARQUE CARQUEST AUTO PARTS 11141-19031 OIL FILTER 2.78 0.06 . /--/-- CARQUE CARQUEST AUTO PARTS 11138-18305 FUEL & OIL FILTERS 2229.88 44.60 . /--/-- CARQUE CARQUEST AUTO PARTS 11138-18308 CFI DEALERLIFT -2034.21 -40.68 . /--/__ CARQUE CARQUEST AUTO PARTS 11141-19136 ULTRA FINE FADS 31.08 0.62 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-19170 WELL NUTS 19.70 0.39 . /--/- CARQUE CARQUEST AUTO PARTS 11141-19257 COIL POLYARMR 30.75 0.62 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-19264 FITTINGS 1.60 0.03 . /--/- CARQUE CARQUEST AUTO PARTS 11138-18704 WASHER PUMP 11.19 0.22 . /--/- CARQUE CARQUEST AUTO PARTS 11138-18703 HUB 180.17 3.60 . /--/-- CAA CBA 09142012 REFUND - W/C CLAIM 459.45 0.00 . /--/-- CENTERMD CENTER FOR MEDIA & DEMOCRACY 427 TIF APPLICATION 20.00 0.00 . /--/-- CENTERMD CENTER FOR MEDIA & DEMOCRACY 431 CITY COUNCIL TAPE 24.31 0.00 . /--/-- CERTIF CERTIFIED LABORATORIES 849747 SUPPLIES 1975.79 0.00 . /--/- CHAMVAEQ CHAMPLAIN VALLEY EQUIPMENT C519819 PARTS 152.52 0.00 . /--/__ CHARLE CHARLEBOIS INC IC57616 HOSE & TUBE COLLANT 129.95 0.00 . /--/-- CHARLI CHARLEBOIS TRUCK PARTS INC 1222580044 SIGNAL LAMP -35.99 0.00 . /--/-- CHARLI CHARLEBOIS TRUCK PARTS INC 1222580035 SIGNAL LAMP 45.39 0.00 . /--/-- CHITRE CHITTENDEN COUNTY REGIONAL PLA 3456 PROF. SERVICES - ALBRECH 2200.00 0.00 . /--/-- CHITRS CHITTENDEN COUNTY REGIONAL SOL IVC019201 BIOSOLIDS 15403.27 0.00 . /--/-- CLARKS CLARK'S TRUCK CENTER 311696 SEAT COVER 159.98 0.00 . /--/-- CLARKS CLARK'S TRUCK CENTER 311611 BUZZER 118.70 0.00 . /--/-- CLARKS CLARK'S TRUCK CENTER 311484 BELT 19.20 0.00 . /--/-- CLARKS CLARK'S TRUCK CENTER 311374 BELTS 40.63 0.00 . /--/-- CLEAN WAT CLEAN WATER, INC. 5177 POLYMER 7779.35 0.00 . /--/-- COMCAST COMCAST 09211020PD12 P/D INTERNET 123.23 0.00 . /--/-- COMCAST COMCAST 09201019/P12 P/D INTERNET 141.90 0.00 . /--/-- CONTIN CONTINENTAL RESEARCH CORPORATI 375597-CRC-1 SHOP SUPPLIES 740.95 0.00 /--/-- COUSINOD COUSINO, DORIS Y 09242012 REFUND - OVERPAYMENT 1548.00 0.00 . /--/-- CVCPAGING CENTRAL VERMONT COMMUNICATIONS 10269971 AIR TIME FEE 11.25 0.00 . /--/-- DE LAGE DE LAGS LANDEN FINANCIAL SERVI 14473375 2ND FLOOR COPIER 356.07 0.00 . /--/-- DE LAGS DE LAGS LANDEN FINANCIAL SERVI 14847979 2ND FLOOR COPIER 373.88 0.00 . /--/-- DE LAGS DE LAGS LANDEN FINANCIAL SERVI 15076056 COPIER - LIBRARY 163.87 0.00 . /--/-- DE LAGS DE LAGS LANDEN FINANCIAL SERVI 15228568 COPIER 2ND FLOOR 373.88 0.00 . /--/-- DEBOUT DEBOUT, JENNIFER 53580 INSTRUCTOR - MUSICIAN 120.00 0.00 . /--/-- DELL DELL MARKETING L.P. XFX171699 COMPUTER HARDWARE 95.20 0.00 . /--/-- DOHUY DO, HUY & CUONG 09242012 REFUND - OVERPAYMENT 762.40 0.00 . /--/-- ELECTR ELECTRONIC BUSINESS PRODUCTS I ARIN027763 STAPLE REFILL 58.56 0.00 . /--/-- EXXON EXXON MOBIL 139900209 GASOLINE - CREDIT CARD 134.79 0.00 . /--/-- FACE FACE MANIA 2012-377 AUTUMN FEST 250.00 0.00 . /--/-- FAIR FAIRFIELD LLC, HOWARD P 174331 NOZZLE SWEEPER 31.34 0.00 . /--/-- FAIRPOINT FAIRPOINT COMMUNICATIONS, INC. 78819SEPT12 DSL STANDALONE 49.99 0.00 . /--/-- FAIRPOINT FAIRPOINT COMMUNICATIONS, INC. 2-65038EPT12 STATION #1 #2 INTERCOM 54.83 0.00 /--/-- FASTEN FASTENAL COMPANY VTBUR170304 WASHERS 6.57 0.00 . /--/-- FASTEN FASTENAL COMPANY VTBUR170348 MISC. SUPPLIES 12.56 0.00 . /--/-- FASTEN FASTENAL COMPANY VT$0R170389 FASTENERS 21.16 0.00 . /--/_- FASTEN FASTENAL COMPANY VTBUR170366 PADS - SIGNAGE 26.28 0.00 . /--/-- FIFE FIFE, LYNN 09192012 REFUND TAXES - OVERPAY 3303.21 0.00 . /--/-- FISHER FISHER SCIENTIFIC COMPANY 3354063 GGA CONCENTRATE 58.94 0.00 . /--/-- 09/28/12 City of South Burlington Accounts Payable Page 3 10:13 am Check Warrant Report # cingalls Unpaid Invoices For Check Acct 1(GENERAL FUND) From / / To 10/02/12 Purchase Discount Amount Check Check Vendor Invoice Invoice Description Amount Amount Paid Number Date FISHER FISHER SCIENTIFIC COMPANY 3187370 SUPPLIES 166.23 0.00 . /--/-- FLAG FLAG SHOP OF VERMONT 5550 FLAGS 176.00 0.00 . /--/-- FLANDERSW FLANDERS, WILLIAM D III 09242012 REFUND - OVERPAYMENT 20.00 0.00 /--/-- FUCILE FUCILE, LYN 53530 REFUND - WATERCOLOR 124.00 0.00 • /--/-- G & K SER G & K SERVICES 1295626178 UNIFORMS 91.24 0.00 /--/-- G & K SER G & K SERVICES 1295623675 UNIFORMS 91.24 0.00 . /--/-- GALL GALLAGHER, FLYNN & COMPANY LLP 1341 SERVER AUDIT 877.50 0.00 . /--/-- GALL GALLAGHER, FLYNN & COMPANY LLP 1393 SERVER AUDIT 810.00 0.00 . /--/-- GATEWAY GATEWAY MOTORS INC 60395 NEW TRUCK 30800.00 0.00 . /--/-- GMWEA G.M.W.E.A. 11022012TD REG. FEE FOR TRAINING 55.00 0.00 . /--/-- GMWEA G.M.W.E.A. 11022012TG REG. FEE FOR TRAINING 55.00 0.00 /--/-- GOLD STAR GOLD STAR DOG TRAINING 117 PUPPY CLASS 1125.00 0.00 . /--/-- GREEPW GREEN MOUNTAIN POWER CORPORATI 022396SEP12 AIRPORT PARKWAY 15481.33 0.00 . /--/-- GREEPW GREEN MOUNTAIN POWER CORPORATI 022679SEP12 LANDFILL PUMP STATION 616.03 0.00 . /--/-- GREEPW GREEN MOUNTAIN POWER CORPORATI 018607SEP12 MUNICIPAL COMPLEX 3441.57 0.00 /--/-- GREEPW GREEN MOUNTAIN POWER CORPORATI 006235SEP12 RADIO TOWER 29.92 0.00 /--/-- GREEPW GREEN MOUNTAIN POWER CORPORATI 2456483EP12 19 GREGORY DRIVE-POLICE 5258.56 0.00 . /--/-- GREEPW GREEN MOUNTAIN POWER CORPORATI 006230SEP12 T/L DORSET/SWIFT-SOLAR 19.61 0.00 . /--/-- ' GREEPW GREEN MOUNTAIN POWER CORPORATI 018393SEP12 T/L U MALL/DORSET-SOLAR 179.36 0.00 . /--/-- GREEPW GREEN MOUNTAIN POWER CORPORATI 018619SEP12 T/L DORSET/KENNEDY-SOLAR 436.28 0.00 . /--/-- GREEPW GREEN MOUNTAIN POWER CORPORATI 085931SEP12 T/L WILLISTON/DORSET 347.76 0.00 /--/-- GSM GSM ENTERPRISES, INC. 220910006 OIL & FILTERS 54.58 0.00 • /--/-- GSM GSM ENTERPRISES, INC. 220910001 SUCTION LINE 749.26 0.00 /--/-- GSM GSM ENTERPRISES, INC. 220913003 TIRE REPAIR 52.50 0.00 . /--/-- GUERRERO GUERRERO, LISA 53570 INSTRUCTOR - ZUMBA 600.00 0.00 . /--/-- HACH HACH COMPANY 7921809 UPGRADE SOFTWARE 929.00 0.00 . /--/-- HAMLIN HAMLIN, DONALD CONSULTING ENGI 12-200-2 STP 5200 (18) 6/3-7/28 642.34 0.00 • /--/-- HANNAFD HANNAFORD CHARGE SALES 6980 VEGETABLE OIL 53.94 0.00 . /--/-- HANNAFD HANNAFORD CHARGE SALES 9668 DISTILLED WATER 40.30 0.00 . /--/-- HART HART FENCE COMPANY INC 16858 RAILS & POSTS BIKE PATH 203.05 0.00 . /--/-- HARVEST HARVEST EQUIPMENT 03 275684 CHAIN SAW FILES 14.93 0.00 . /--/-- HAUN HAUN SPECIALTY GASES, INC 8728335 OXYGEN 41.00 0.00 . /--/-- HEALDP HEALD, PAUL 09242012 REFUND - OVERPAYMENT 551.99 0.00 . /--/-- HERITAGE? HERITAGE FORD 864306 ABS SENSOR 157.58 0.00 . /--/-- HERITAGE? HERITAGE FORD 497707 VEHICLE REPAIRS 785.36 0.00 . /--/-- HIGHWAY HIGHWAY TECH 13995 LED MID BLOCK CROSS PROJ 38144.00 0.00 . /--/-- HIGHWAY HIGHWAY TECH 14017 LED MID BLOCK CROSS PROJ 7936.00 0.00 . /--/-- HIGHWAY HIGHWAY TECH 14177 LED MID BLOCK CROSS PROJ 143104.00 0.00 . /--/-- HOLLAN HOLLAND COMPANY INC 82574 GALLON TOTE 1138.85 0.00 /--/-- HOYLE HOYLE, TANNER & ASSOCIATES INC 0050699 PROJECT: 107847.00 2332.80 0.00 • /--/- HOYLE HOYLE, TANNER & ASSOCIATES INC 0050642 PROJECT: 107814.00 2020.00 0.00 . /--/-- IDENTI IDENTI-KIT SOLUTIONS 102896 MONTHLY LICENSE 34.00 0.00 • /--/-- IECA IECA NORTHEAST CHAPTER 09262012 WATER QUALITY COURSE 180.00 0.00 • /--/-- INDEPP INDEPENDENT PIPE AND SUPPLY CO 958722 JACK HAMMER MALL 3.73 0.00 • /--/-- INGRAM INGRAM LIBRARY SERVICES 60477546 BOOKS 9.34 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60477540 BOOKS 2.94 0.00 /--/-- INGRAM INGRAM LIBRARY SERVICES 66319236 BOOKS 12.93 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 66315622 BOOKS 227.52 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60474624 BOOKS 7.35 0.00 • /--/-- INGRAM INGRAM LIBRARY SERVICES 66316901 BOOKS 23.88 0.00 • /--/-- 09/26/12 City of South Burlington Accounts Payable Page 4 10:13 am Check Warrant Report # cingalls Unpaid Invoices For Check Acct 1(GENERAL FUND) From / / To 10/02/12 Purchase Discount Amount Check Check Vendor Invoice Invoice Description Amount Amount Paid Number Date INGRAM INGRAM LIBRARY SERVICES 66315623 BOOKS 109.65 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60477538 BOOKS 142.90 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60477543 BOOKS 39.60 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60479790 BOOKS 57.16 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60478751 BOOKS 25.24 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60474621 BOOKS 14.82 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60474617 BOOKS 86.26 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60477539 BOOKS 16.49 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60477541 BOOKS 14.82 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60477545 BOOKS 16.50 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60479791 BOOKS 15.40 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60479789 BOOKS 12.10 0.00 /--/-- INGRAM INGRAM LIBRARY SERVICES 60474618 BOOKS 4.10 0.00 /--/-- INGRAM INGRAM LIBRARY SERVICES 60474623 BOOKS 15.92 0.00 . /--/-- IRELAND IRELAND COMPANIES, S.D. 326136 SUPPLIES 308.90 0.00 . /--/-- IRELAND IRELAND COMPANIES, S.D. 326153 RUBBER BOOTS 359.65 0.00 . /--/-- J B J & B INTERNATIONAL TRUCKS INC T288901 TURBO SW45 1966.86 0.00 . /--/-- J.C. J.C. ANTONE & COMPANY INC 09122012 BUTLER FARMS WETLAND 24867.50 0.00 . /--/-- JABOURJ SNAP-ON TOOLS 200300 DRILL BITS 5.80 0.00 . /--/-- JOSDEB JOSEPH, ETHAN & DEBIASIO, JESS 09242012 REFUND - OVERPAYMENT 202.44 0.00 . /--/-- KEMIRA KEMIRA WATER SOLUTIONS INC 9017296465 ALUMINUM SULFATE 3467.64 0.00 . /--/-- KONE ICONS INC 220994618 ELEVATOR MAINTENANCE 739.89 0.00 . /--/-- KRUGER KRUGER, REBECCA & DOUGLAS & JO 09242012 REFUND - OVERPAYMENT 279.55 0.00 . /--/-- LAMOUR LAMOUREUX & DICKINSON 35677 SURVEYS 1599.66 0.00 . /--/-- LAMOUR LAMOUREUX & DICKINSON 35673 SIP 5200 (18) 862.69 0.00 . /--/-- LENNY LENNY'S SHOE AND APPAREL 6089 WINTER JACKET W/HOOD 120.00 0.00 . /--/-- LEVYJ LEVY, JENNIFER 09242012 REFUND - OVERPAYMENT 382.72 0.00 . /--/-- LIGHT LIGHT / SPACE / DESIGN 618 LED STREETLIGHTING 1000.00 0.00 . /--/-- LINGUO LIN, GUO RENG & HUI XIAN 09242012 REFUND - OVERPAYMENT 881.43 0.00 . /--/-- MACEDONIL MACEDONIA, L. GREGORY 09242012 REFUND - OVERPAYMENT 1006.19 0.00 . /--/-- MAIETTA MAIETTA, ANGELA 09242012 REFUND -OVERPAYMENT 101.72 0.00 . /--/-- MAINEPR MAINE PRINTING & EMBROIDERY 69469 TSHIRT PRINTING 2301.98 0.00 . /--/-- MCBRIDE MCBRIDE, MAEVE 53571 INSTRUCTOR - YOGA 1404.00 0.00 . /--/-- MERCHCC MERCHANTS BANK 09142012JR JUSTIN RABIDOUX 924.73 0.00 . /--/-- MERCHCC MERCHANTS BANK 09142012SM SANDY MILLER 150.00 0.00 . /--/-- MERCHCC MERCHANTS BANK 09142012DB DOUG BRENT 295.57 0.00 /--/-- MERCHCC MERCHANTS BANK 09142012LM LOUISE MURPHY 142.90 0.00 . /--/-- MERCHCC MERCHANTS BANE 09142012DK DONNA KINVILLE 308.08 0.00 . /--/-- MERRICKS MERRICK, SUSIE 09162012 REIMBURSE FOR PACT 92.68 0.00 . /--/-- MILLSJ MILLS, JENNIFER 09242012 REFUND - OVERPAYMENT 460.66 0.00 /--/.- MINUTEM MINUTEMAN TRUCKS, INC 937954 FILLER CAP 32.65 0.00 . /--/-- NEUWTR NEW ENGLAND WATER ENVIRONMENT 4147 CERTIFICATION EXAM 35.00 0.00 . /--/-- NORTHNSF NORTHERN SAFETY CO INC 900132088 UNIFORMS 169.02 0.00 . /--/-- NORTHNSF NORTHERN SAFETY CO INC 900144682 SAFETY GEAR 174.02 0.00 . /--/-- 0CC OCCUPATIONAL HEALTH CENTERS 1202146228 TESTING 161.00 0.00 . /--/-- OCE OCE' IMAGISTICS INC 207187 COPIER - PUBLIC WORKS 37.35 0.00 . /--/-- OFFESS OFFICE ESSENTIALS OF VERMONT 27562 PAD 6.99 0.00 . /--/-- OFFESS OFFICE ESSENTIALS OF VERMONT 27563 BINDER CLIPS 1.98 0.00 . /--/-- OFFESS OFFICE ESSENTIALS OF VERMONT 27564 CALENDAR & CLIPS 20.88 0.00 . /--/-- OFFESS OFFICE ESSENTIALS OF VERMONT 27565 PAPER & CALENDARS 182.48 0.00 . /--/-- 09/28/12 City of South Burlington Accounts Payable Page 5 10:13 am Check Warrant Report # cingalls Unpaid Invoices For Check Acct 1(GENERAL FUND) From / / To 10/02/12 Purchase Discount Amount Check Check Vendor Invoice Invoice Description Amount Amount Paid Number Date OFFESS OFFICE ESSENTIALS OF VERMONT 27560 MISC SUPPLIES 175.09 0.00 . /--/-- ORCHARD ORCHARD VETERINARY HOSPITAL 20562 EXAM - KAISER 147.00 0.00 . /--/-- ORMOND ORMOND BUSHEY & SONS INC 195110725/4 RURAL DEV. FARM SERVICE 239099.20 0.00 . /--/-- OTHER OTHER PAPER 3891 LEGAL NOTICE 348.80 0.00 . /--/-- OTHER OTHER PAPER 3910 ADVERT. FOR VETERANS 125.77 0.00 . /--/-- OTHER OTHER PAPER 3892 ADVERT. FOR VETERANS 105.00 0.00 . /--/-- OTHER OTHER PAPER 3906 LEGAL NOTICE BALLOT ITEM 293.20 0.00 . /--/-- PAQUETTE PAQUETTE, BERNARD E & BARBARA 09242012 REFUND - OVERPAYMENT 820.53 0.00 . /--/-- PARROS PARRO'S GUN SHOP & POLICE SUPP 44388 001 1 TACTICAL VEST 3616.00 0.00 . /--/-- PEABODY PEABODY, BETH 53531 REFUND - WATERCOLOR 124.00 0.00 . /--/-- PERRINL PERRIN, LISA 09242012 REFUND - OVERPAYMENT 764.62 0.00 . /--/-- PET PET FOOD WAREHOUSE LTD 932581-1 DOG FOOD 44.79 0.00 . /--/-- PHAN PHAN, VAN 09242012 REFUND - OVERPAYMENT 1849.46 0.00 . /--/-- PIKE PIKE INDUSTRIES INC 673454 HOT MIX 1443.60 0.00 . /--/-- PIKE PIKE INDUSTRIES INC 672710 ASPHALT 4414.76 0.00 . /--/-- PIKE PIKE INDUSTRIES INC 671884 ASPHALT 1468.40 0.00 . /--/-- PIKE PIKE INDUSTRIES INC 674015 ASPHALT 365.04 0.00 . /--/-- PITNEYG PITNEY BOWES GLOBAL FINANCIAL 1510413-SP12 MAIL MACHINE LEASE 159.09 0.00 . /--/-- PIZZAGALL PIZZAGALLI CONSTRUCTION COMPAN 26 AIRPORT PARKWAY PROJECT 138996.00 0.00 . /--/-- PRIAC PRIAC IN-0152625EP PLAN FEES-AUG 2012 4356.70 0.00 /--/-- PRICE PRICE, LOIS 53532 REFUND - WATERCOLOR 124.00 0.00 , /--/-- QCSTEE QUEEN CITY STEEL COMPANY 191078 STEEL 100.00 0.00 . /--/-- RADION RADIO NORTH GROUP INC 24129595 EARPIECES 71.50 0.00 . /--/-- RAINVILLE RAINVILLE, ARTHUR & JEAN 09242012 REFUND - OVERPAYMENT 496.22 0.00 . /--/-- RATHE BATHE SALVAGE INC 563 EXTRICATION PRACTICE 300.00 0.00 . /--/-- REDROCK RED ROCK MECHANICAL 1972 CONTROL BOARD 638.00 0.00 . /--/-- REM R.E.M. DEVELOPMENT COMPANY, LL AUGUST 2012 AUG. COMMON AREA FEES 7003.63 0.00 . /--/-- REYNOL REYNOLDS AND SON INC 3182614 REPLACEMENT SIRIUS COMB 240.00 0.00 . /--/-- RUGGIANO RUGGIANO ENGINEERING INC 7011 2012017 - CIDER MILL 460.45 0.00 . /--/-- RUSHFORDA RUSHFORD, AGNES L 09242012 REFUND - OVERPAYMENT 883.02 0.00 . /--/-- RYANP RYAN, PETER A 09242012 REFUND - OVERPAYMENT 1101.82 0.00 . /--/-- SAINM1 SAINT MICHAEL'S COLLEGE 2329 CLASS FEES 60.00 0.00 . /--/-- SAMMEL SAMMEL SIGN COMPANY 3552 DESIGN & INSTALLATION 7745.00 0.00 . /--/-- SANEL SANEL AUTO PARTS INC 13013223 HOSE & CLAMP 16.53 0.00 . /--/-- SANEL SANEL AUTO PARTS INC 13083034 CUT OFF WHEELS 14.87 0.00 . /--/-- SANEL SANEL AUTO PARTS INC 130H8847 MAINTENANCE 245.33 0.00 . /--/-- SANEL SANEL AUTO PARTS INC 130H0841 WASHER SOLVENT 94.78 0.00 . /--/-- SANEL SANEL AUTO PARTS INC 130K3778 DEF 2 1/2 GALLON 35.72 0.00 . /--/-- SBCOLLINS SBCOLLINS, INC 209103 DIESEL PARTS 175.90 0.00 . /--/-- SBCOLLINS SBCOLLINS, INC 209015 DIESEL FUEL 17338.41 0.00 . /--/-- SBCOLLINS SBCOLLINS, INC 209014 GASOLINE 10711.13 0.00 . /--/-- SBCOLLINS SBCOLLINS, INC 38191 OVERPAYMENT CREDIT -49.99 0.00 . /--/-- SBFD1 SOUTH BURLINGTON FIRE DISTRICT 101 RESURFACING COURT 250.00 0.00 . /--/-- SCOTTL SCOTT'S LINE STRIPING, INC. 12222 PAVEMENT MARKING 2524.00 0.00 . /--/-- SECU SECURSHRED 128277 SHREDDING 20.00 0.00 . /--/-- SHARPEB SHARPE, BROOKE 53572E INSTRUCTOR - ZUMBA 220.00 0.00 . /--/-- SHARPER SHARPS, DONNA 53572D INSTRUCTOR - ZUMBA 220.00 0.00 . /--/-- SOTWAT SOUTH BURLINGTON WATER DEPARTM 7642.1812 MARKET ST 213.84 0.00 /--/-- SOTWAT SOUTH BURLINGTON WATER DEPARTM 4918J512 HINESBURG RD PUMP STATIO 60.50 0.00 . /--/-- SOTWAT SOUTH BURLINGTON WATER DEPARTM 7643J512 MUNICIPAL COMPLEX 712.80 0.00 /--/-- 09/28/12 City of South Burlington Accounts Payable Page 6 10:13 am Check Warrant Report # cingalls Unpaid Invoices For Check Acct 1(GENERAL FUND) From / / To 10/02/12 Purchase Discount Amount Check Check Vendor Invoice Invoice Description Amount Amount Paid Number Date SOTWAT SOUTH BURLINGTON WATER DEPARTM 7749J512 DORSET ST 2619.54 0.00 . /--/-- SOTWAT SOUTH BURLINGTON WATER DEPARTM 7789J812 ROADS/PATHS/SIDEWALKS 59554.44 0.00 . /--/-- SOTWAT SOUTH BURLINGTON WATER DEPARTM 7794JS12 DORSET ST 160.38 0.00 . /--/-- SPHERION SPHERION STAFFING LLC 11160684 PAYROLL CLERK 92.40 0.00 . /--/-- SPORTS SPORTS & FITNESS EDGE SWIM092512 SWIM LESSONS-FALL2012 900.00 0.00 . /--/-- SPRAGUES SPRAGUE, BRYAN E 09242012 REFUND - OVERPAYMENT 676.86 0.00 . /--/-- STA STATE OF VERMONT 09262012 RENEWAL DIS.PERMIT 3-127 120.00 0.00 . /--/-- STANTEC STANTEC CONSULTING SERVICES IN 622401 BUTLER FARMS STORMWATER 1308.60 0.00 . /--/-- STANTEC STANTEC CONSULTING SERVICES IN 622400 OAK CREEK/ BUTLER FARMS 12522.32 0.00 . /--/-- STANTEC STANTEC CONSULTING SERVICES IN 619583 STP 5200 (18) 7/1-7/31 3171.80 0.00 . /--/-- STAPL STAPLES BUSINESS ADVANTAGE 8023034571 SUPPLIES 377.03 0.00 . /--/-- STRYKER STRYKER SALES CORPORATION 1158973M MEDICAL EQUIPMENT 176.62 0.00 . /--/-- SURPASS SURPASS CHEMICAL COMPANY, INC 251752 SODIUM HYDROXIDE 5065.83 0.00 . /--/-- SURPASS SURPASS CHEMICAL COMPANY, INC 252041 SODIUM HYDROXIDE 924.00 0.00 . /--/-- SURPASS SURPASS CHEMICAL COMPANY, INC 252042 SODIUM HYDROXIDE 4839.45 0.00 . /--/-- SWAINS SWAIN, RIM 09242012 REFUND - OVERPAYMENT 563.77 0.00 . /--/-- SWISH SWISH KENCO LTD B049492 STEEL DRUM TOP 94.00 0.00 . /--/-- TEAM EJP TEAM EJP SO BURLINGTON 4587136 PVC COUPLINGS 12.02 0.00 . /--/-- TECHGROUP TECH GROUP 35354 COMPUTERS & SOFTWARE 3700.00 0.00 . /--/-- TEMIROV TEMIROV, AKHMAD & ASKAROVA, DI 09242012 REFUND - OVERPAYMENT 236.92 0.00 . /--/-- TETREAULT TETREAULT, MARY E 09242012 REFUND - OVERPAYMENT 1207.34 0.00 . /--/-- TIFCO TIFCO INDUSTRIES INC 70798183 WIRE LOOM 179.99 0.00 /--/-- TILLINGHA TILLINGHAST, KATHERINE B 09242012 REFUND - OVERPAYMENT 366.82 0.00 . /--/-- TROUSDALE TROUSDALE, CURTIS & BARBARA 09242012 REFUND - OVERPAYMENT 170.70 0.00 . /--/-- TWINST CED - TWIN STATE 8124-728500 KEYPAD 105.70 0.00 . /--/-- TWINST CED - TWIN STATE 8124-732940 CONNECTORS 20.71 0.00 - /--/-- UNIFIRST UNIFIRST CORPORATION 036 1505147 MATS 72.30 0.00 . /--/-- UNITROT UNITED ROTARY BRUSH CORPORATIO CI134824 BROOMS SWEEPER 733.90 0.00 . /--/-- UNITROT UNITED ROTARY BRUSH CORPORATIO CI134799 BROOM SWEEPER 476.38 0.00 . /--/-- VAUGHNS VAUGHN, SUE TENNIS092512 TENNIS PROGRAMS 700.00 0.00 . /--/-- VCJTC VCJTC - VERMONT CRIMINAL JUSTI 12098801 COMMERCIAL MOTOR VEHICLE 75.00 0.00 . /--/-- VER IZON VERIZON WIRELESS 2800284476 TELEPHONES 362.88 0.00 . /--/-- VER IZON VERIZON WIRELESS 2801613025 TELEPHONES 142.35 0.00 . /--/-- VERGAS VERMONT GAS SYSTEMS INC 81472-3SEP12 HIGHWAY GARAGE 31.97 0.00 /--/-- VERGAS VERMONT GAS SYSTEMS INC 81475-6SEP12 HIGHWAY OFFIE 102.53 0.00 . /--/-- VERGAS VERMONT GAS SYSTEMS INC 10651SEP12 GROUP BILL 3241.11 0.00 . /--/-- VERGES VERGE, SHARI / SCHILLHAMMER, D 09242012 REFUND - OVERPAYMENT 664.02 0.00 . /--/-- VERLABOR VERMONT LABOR RELATIONS BOARD 09242012 BOOK - EVOLVING LABOR 50.00 0.00 . /--/-- VERPLAS VERMONT PLASTIC SPECIALTIES 47055 PLASTIC SHEET 648.00 0.00 . /--/-- VERSDH VERMONT DEPARTMENT OF HEALTH 72001/72200 ENGRAVE CERTIFICATE 20.00 0.00 . /--/-- VERTIR VERMONT TIRE & SERVICE INC 134489 TIRE LADDER FIRE TRUCK 1164.92 0.00 /--/-- VHS VANAS VHB - VANASSE HANGER BRUSTLIN 0153159 VHS PROJECT #57406.02 740.47 0.00 . /--/-- VHS VANAS VHS - VANASSE HANGER BRUSTLIN 0153408 PROJECT 57163.04 CITY CT 2157.67 0.00 . /--/-- VLCT PACI VLCT PACIF 08232012 Claim #20111373G02 2500.00 0.00 /--/-- VMERS VMERS DB 2013-1 JULY-SEPT 2012CONTRIBUT 13932.24 0.00 /--/-- VMERS VMERS DB 2013-1A JULY-SEPT 2012WPC CONTR 9109.22 0.00 . /--/-- WEISSJ WEISS, JENNIFER 53573 INSTRUCTOR - BOOTCAMP 930.00 0.00 . /--/-- WELLSE WELLS, ELISABETH 53496 REFUND - MUSICIAN 50.00 0.00 . /--/-- WHITCO WHITCOMB CONSTRUCTION CORPORAT 00639301 GRANULAR BACKFILL 262.68 0.00 /--/-- WILLIAMSM WILLIAMS, MARK 53592 REFUND - COLOURED PENCIL 54.00 0.00 . /--/- - 09/28/12 City of South Burlington Accounts Payable Page 7 10:13 am Check Warrant Report # cingalls Unpaid Invoices For Check Acct 1(GENERAL FUND) From / / To 10/02/12 Purchase Discount Amount Check Check Vendor Invoice Invoice Description Amount Amount Paid Number Date WILLIWW WILLISTON WORRWEAR 11671 UNIFORMS - GEBO 64.90 0.00 /--/-- WOOD CN C.N. WOOD CO., INC. 01449202 PIPE VACTOR 1260.86 - 0.00 /--/-- WOOD CN C.N. WOOD CO., INC. 01449386 HOSE END WELD-GASKET 193.87 0.00 /--/-- Report Total 964,713.97 34.21 0.00 SOUTH BURLINGTON CITY COUNCIL To the Treasurer of CITY OF SOUTH BURLINGTON, We Hereby certify that there is due to the several persons whose names are listed hereon the sum against each name and that there are good and sufficient vouchers supporting the payments aggregating $ •'•964,679.76 Let this be your order for the payments of these amounts. Rosanne Greco Sandra Dooley Paul Engels Helen Riehle Pam Mackenzie Lib__ .. . South Burlington Water Dept. Accounts Payable Check Register Date: 10/02/12 Date Check No. Paid To Memo Amount Paid 10/2/2012 2197 All Seasons Excavating 2,669.44 Date Voucher Number Reference Voucher Total Amount Paid 9/10/2012 VI-12885 27383 2,669.44 2,669.44 10/2/2012 2198 E.J.Prescott,Inc. • 44.64 Date Voucher Number Reference Voucher Total Amount Paid 9/21/2012 VI-12889 4590966 44.64 44.64 • 10/2/2012 2199 Office Essentials 145.14 Date Voucher Number Reference Voucher Total Amount Paid 9/15/2012 VI-12886 27575 145.14 145.14 10/2/2012 2200 City Of South Burlington 334,629.09 Date Voucher Number Reference Voucher Total Amount Paid 9/28/2012 VI-12890 SEPTEMBER SEWER 334,629.09 334,629.09 10/2/2012 2201 City Of South Burlington 121,736.75 Date Voucher Number Reference Voucher Total Amount Paid 9/28/2012 VI-12891 SEPTEMBER 121,736.75 121,736.75 10/2/2012 2202 SoVerNet, Inc. 52.79 Date Voucher Number Reference Voucher Total Amount Paid 9/15/2012 VI-12884 3161349 52.79 52.79 10/2/2012 2203 Joyce E.Stutler 289.39 Date Voucher Number Reference Voucher Total Amount Paid 9/17/2012 VI-12888 SEPTEMBER MAILINGS 289.39 289.39 10/2/2012 2204 Ti-Sales Inc. 1,049.10 Date Voucher Number Reference Voucher Total Amount Paid 9/12/2012 VI-12887 INV0016536 1,049.10 1,049.10 Printed: September 28, 2012 Page/of 2 South Burlington Water Dept. Accounts Payable Check Register Date: 10/02/12 Date Check No. Paid To Memo Amount Paid Total Amount Paid: 460,616.34 SOUTH BURLINGTON CITY COUNCIL Printed: September 28, 2012 Page 2 of 2 CITY COUNCIL 6 September 2012 The South Burlington City Council held a special meeting on Thursday,6 September 2012,at 9:00 a.m, in the Conference Room, City Hall, 575 Dorset Street. Members Present: R Greco, Chair; S. Dooley, P. Engels, P. Mackenzie Also Present: S. Miller, City Manager; R. Rusten, Deputy City Manager; S. Stitzel, City Attorney 1. Agenda Review: Members agreed to change the order of the agenda to put the executive session first. 2. Executive Session: Ms. Mackenzie moved the Council meet in executive session to discuss personnel issues. Mr. Engels seconded. Motion passed 4-0. Following the executive session, Mr. Engels moved the Council exit executive session. Ms. Dooley seconded. Motion passed 4-0. Regular Session: 3. Comments & Questions from the Audience, not related to the Agenda: No issues were raised. 4. Second Public Hearing on City Clerk's Proposed City Charter Amendment: Ms. Greco opened the public hearing. Ms. Dooley said she has been reflecting on the City Clerk's statement on Tuesday that would modify the second part of the proposed amendment so that assistant clerks would be in the bargaining unit but supervised by the City Clerk. Ms. Dooley said she couldn't figure how that would work, so she e-mailed the City Attorney and asked how this would work if the Clerk terminated an assistant clerk. The assistant clerk would appeal to the City Council. Ms.Kinville said the process would be reviewed. But, Ms. Dooley noted, the Council could also look at the facts and could reach a different decision. If the Council found in favor of the assistant clerk and felt termination was not the right step, they could vote to reinstate the assistant clerk. The City Clerk, however, says this could not happen as the Council has no authority over the City Clerk. Mr. Stitzel said when he was replying to Ms. Dooley's e-mail, he was responding to the current language. Under that, if the Council reaches a different conclusion they can say the employee is reinstated. The proposed language would make termination of an assistant clerk not reviewable by the City Council. CITY COUNCIL 6 SEPTEMBER 2012 PAGE 2 Ms. Greco said in the current language,the employee would have no redress to the City Council or to arbitration. Mr. Stitzel said that in Vermont, an "at will"employee can be terminated for any or no reason,but • not for an"unlawful" reason (e.g., sexual discrimination). Under the concept of"progressive" discipline that is now in effect, if there is "just cause" for termination, that is reviewable in the Court. Mr. Stitzel also said that if the Legislature were to be clear that the word "clerk" is substitutes for "city manager"in making a decision regarding hiring,termination,etc.,everything else would stay the same. He did not know how that would play out at the Statehouse. If the current language is approved by the voters and goes to the Legislature, the Legislature can amend the language or leave it as it is. Mr. Stitzel noted that the proposed language mirrors State law and is what would apply if the city had no charter. Mr. Engels asked if"operating the Clerk's office"means the Clerk could open the office only from 2-5, one day a week. Mr. Stitzel said with the language, he didn't see how the City Council could do anything about that. He noted that hours for Clerks' offices vary significantly around the state. There is no standard for operating a Clerk's office in Vermont. Ms. Greco asked if the office were open one day a week, would employees get the same salary as for 5 days. Mr. Miller said the City Council has the "power of the purse." Mr. Stitzel said if the assistant clerks are in the bargaining unit, they would have to look at the collective bargaining agreement to see if assistant clerks would continue to get full salary. Mr. Miller noted that any position other than a full time position is not in the collective bargaining agreement. Mr. Engels asked what the clerk would be responsible for with regard to the clerk's office. Mr. Stitzel said how the space is used would be within the discretion of the city clerk. Under current state law, the city can enter the clerk's office when the office is closed. The proposed amendment would deny that access unless the clerk agrees the space can be entered/used. Ms. Greco asked if the clerk could decide not to issue dog licenses, for example. Mr. Stitzel said yes,but the City Council could compel the clerk to do what the job requires. Public comment was then solicited. There was no comment forthcoming. Ms. Mackenzie moved to close the public hearing. Ms. Dooley seconded. Motion passed 4-0. 4. Consider Approval of Special Warning for November 6, 2012, City Charter Amendments and order of publication: Mr. Stitzel said at this point the Council is not approving a special warning for the November CITY COUNCIL • 6 SEPTEMBER 2012 PAGE 3 election. They can include ballot items to be included so the state can print ballots, and they can approve articles to be on the ballot. There must be a separate meeting to approve the wording. Members agreed to have the Library amendment first, then the City Council's charter change amendment, then the City Clerk's charter change amendment. Ms. Dooley read the City Attorney's rewording of Article 1, Subsection 3. Members"wordsmithed" the phrasing, and Mr. Miller briefly left the meeting to secure a clean copy. Ms. Dooley moved to approve the language and ordering of the articles as presented. Ms. Mackenzie seconded. Motion passed 4-0. 5. Other Business: No issues were raised. As there was no further business to come before the Council, the meeting was adjourned at 10:25 a.m. Clerk 1 CITY COUNCIL 18 SEPTEMBER 2012 The South Burlington City Council held a regular meeting on Tuesday, 18 September 2012, at 5:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: R. Greco, Chair; P. Engels, P. Mackenzie, H. Riehle Also Present: S. Miller, City Manager; R. Rusten, Deputy City Manager; J. Rabidoux, Public Works Director; K. Murray, Planning Department; G. Maille, M. Emery, G. Palumbo, K. Easton 1. Executive Session: Ms. Riehle moved that the Council meet in executive session to discuss personnel, contract negotiations and litigation and to continue deliberative session on interim zoning applications. Mr. Engels seconded. Motion passed 4-0. Following the executive session, Mr. Engels moved to exit executive session. Ms. Riehle seconded. Motion passed 4-0. Regular Session: 1. Agenda Review: Mr. Miller asked to add an additional warrant to the consent agenda to cover the Comcast payment. Members had no objection. 2. Comments & Questions from the public not related to the agenda: An audience member asked if there is a plan to repaint Williston Road where you exit Midas Drive. Mr. Rabidoux said that will be done following the final course of paving. 3.Announcements and City Manager's Rerpot: Mr. Miller: Attended the Managers/Administrators luncheon. At the meeting there was a comparison of what various municipalities are being charged by Front Porch Forum. There is a wide variance,with some paying nothing. Mr. Miller noted the city has agreed to what it is being charged, and Front Porch Forum has a very high penetration rate in the neighborhoods. He suggested the possibility of a discussion with them. Also attended the 9/11 Memorial event at Overlook Park. Ms. Mackenzie: At the invitation of Sen. Leahy, met with Federal Communication Commission people. It was noted that Vermont is the only state where you can text a 911 call. Mr. Engels: The Form Based Codes Subcommittee walked the City Center area and had a good informal discussion. They meet again this Thursday. They will start looking at city-wide form based codes. Ms. Greco: Also attended the 9/11 memorial. Had a Sustainable Agriculture Subcommittee meeting. Received an e-mail from Attorney James A. Dumont who represents citizens regarding F-35 issues. He has filed a "freedom of information act" request and is also seeking information regarding compensation to homeowners for loss of value, scoring sheets, etc. CITY COUNCIL 18 SEPTEMBER 2012 PAGE 2 4. Consent Agenda: a. Approve Minutes of 6 and 27 August 2012 b. Sign Disbursements c. Review Financial Statements for August 2012 d. Approve Entertainment Permits for the following: Carrie Premasagar Foundation - 30 September 2012 Magic Hat -6 October 2012 Making Strides (American Cancer Society) -21 October 2012 e. Appointment of Paul Conner, Director of Planning &Zoning, to the Chittenden County Regional Planning Commission Planning Advisory Committee f. Monthly Comcast payment (added by consent) Mr. Engels moved to approve the Consent Agenda as presented. Ms. Mackenzie seconded. Motion passed 4-0. 5. Update on Airport Strategic Planning Committee and the Airport Commission: Mr. Miller advised that the Committee met last Thursday. It was noted that the Burlington City Council is considering amending their action to include a voting representative for South Burlington and for Winooski. The city will be getting a power point presentation regarding the Airport. It was reported that the Airport does well in some respects, not so well in others. The next Committee meeting is on 27 September. Mr. Palumbo, the city's representative to the Airport Commission, said he has attended 2 meetings since being appointed. He noted that the FAA has reallocated a sum of money so 12 more homes can be purchased. These are part of the originally stated 200 homes. The City Council has been sent a legal brief which lists 124 homes: there still does not appear to be a list of the full 200. Mr. Miller commented that the numbers don't seem to add up. The city is trying to figure out what has been bought, what has been demolished, etc. It is estimated that purchase of a home costs about$330,000 plus relocation expenses. Members asked Mr. Palumbo to get whatever information he can get. Mr. Palumbo noted that Jeff Munger is now the Airport Commission Chair. Ms. Greco said she would like to know how many homes the Airport is intending to purchase under the current purchase program; how may have been purchased; how many have been demolished; how many are waiting to be demolished; how many more will they purchase. Mr. Maille noted that the Airport has been purchasing homes since 1990, some of which have been razed (e.g., the park and ride area). These may not be included in the count, which may account for the disparity. Mr. Maille also noted that he appealed the demolition of 54 homes, and this is in the Environmental Court. There will be a meeting to decide on mediation. Public perception is that the court proceedings are holding up the demolition. Mr. Maille said it costs about$10,000 per home to demolish a house. Information indicates that all of the money has already been expended for the purchase of homes. Mr. Miller said there is a question of whether the Airport has acknowledged this. Ms. Emery said she would like to know more about the Strategic Planning Committee:who votes? how often they meet?what are their powers? etc. Mr. Miller said there are 9 representatives appointed by the City of Burlington, and the City Manager/or Mayor of Winooski and South Burlington. It is his understanding that each will have one vote. Ms. Emery CITY COUNCIL 18 SEPTEMBER 2012 PAGE 3 asked if anyone else is present at the meetings. Mr. Miller said 3 Congressional representatives, a representative of Jet Blue, an Air National Guard representative and possibly Airport Commission members. Mr. Maille spoke to the possibility of forming a board/commission under Title 5. This would give the city authority to regulate lands within 2 miles of the Airport. Mr. Miller said he is expecting to hear from the City Attorney on that soon. Mr. Miller said that one issue that will be dealt with is governance. This will also form the basis for the hiring of a permanent Airport Director. Mr. Palumbo cited the need to follow up on the City Council's meeting with Burlington Mayor Weinberger. 6. Update on Discussion Regarding Railroad Crossings: Mr. Miller noted that he and Mr. Rusten attended a meeting last week with V-Trans,Vermont Railroad, Rep. Kupersmith, and representatives from financial institutions. One thing that was clear is that banks feel there are significant issues with a one-year license agreement. The title insurer outlined a potential compromise which entails the following: 1. An easement to each property owner to cross 2. Liability insurance protecting the state (could be a $1500 cost to the municipality) 3. State responsibility for repairs to the railroad crossing Discussion will continue at a meeting in October. Mr. Miller asked if the Council wants to continue to investigate permanent easements. Members felt this makes sense. Ms. Easton thanked the city for helping their community. The said the situation is increasingly complex. She felt the city's takeover of the crossing is the best solution for the community. She noted there is a homeowner willing to donate land to create a public crossing. Ms. Easton said their fear is that the 12 September meeting included everyone except the homeowners. They want to be at the table,too, and want to take an active part. They don't want anyone else to be"held hostage." 7. Interim Zoning - Continued Public Hearings: A. Continued Public Hearing for Interim Zoning Application #IZ-12-06, John Larkin, 40 unit PUD (phase 1 of 71 unit project), 201 Allen Road: No one was present to represent the applicant. There were no questions from the Council to the applicant. Ms. Riehle moved to continue IZ-12-06 until 22 October 2012 with deliberation to be held in the interim. Ms. Mackenzie seconded. Motion passed 4-0. 8. Introductory Discussion Regarding Reviewing and Possible Revision of City Council Priorities: CITY COUNCIL 18 SEPTEMBER 2012 PAGE 4 Members agreed to add the Airport as a priority(to include all Airport issues). Members also agreed to delete the Library from the priority list as that has been addressed. The priority list was revised as follows: 1. Interim Zoning 2. Communication 3. Airport 4 Traffic/Congestion 5. Traffic and Other Ordinances 6. Code Enforcement 7. Holmes Road With regard to sub-headings, the Council deleted#b, c, i, I, and n under Interim Zoning. Mr. Rusten suggested making the list"goal-oriented"and then listing the tasks that go with the goals. Mr. Miller said staff can restructure this with the tasks. Under the Airport heading, subheadings will include: noise, communication, F-35s, traffic, land, LDRs, etc. Under Traffic/Congestion, #d was deleted; b & g were combined as were a & h. 9. Other Business: Members agreed to revisit priorities on 29 October. Mr. Miller noted he will be gone between 29 September and 11 October; Mr. Rusten will be gone from 7 October to 21 October. During the time both are away, Mr. Rabidoux will be available to address issues that may arise. Future Council meetings are scheduled for 1 October, 22 October and possibly 29 October. As there was no further business to come before the Council, Ms. Mackenzie moved to adjourn. Ms. Riehle seconded. Motion passed 4-0. The meeting was adjourned at 7:50 p.m. CITY COUNCIL 4 SEPTEMBER 2012 he South Burlington City Council held a regular meeting on Tuesday, 4 September 2012, at 4:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: R. Greco, Chair; S. Dooley, P. Engels, P. Mackenzie, H. Riehle Also Present: S. Miller, City Manager; R. Rusten, Deputy City Manager; D. Kinville, City Clerk; S. Stitzel, CityAttorney; K. Murray, Development Coordinator; M. Lyons, Assessor's Office; P. Taylor, B. Cimonetti, Board of Civil Authority; L. Murphy, Librarian; N. Simson, J. Pasackow, Library Board of Trustees; J. & F. Kochman, B. Bull, G. Haggerty, M. Picard, D. Bell, M. Young 1. Agenda Review: Mr. Miller asked to postpone item #8 (relating to Holmes Road). There will be a meeting on 12 September relating to this issue. Mr. Miller will report back to the Council on the 18'h. Mr. Miller also noted that in item #9, the Council will be asked to decide how to word the ballot item. Mr. Miller advised that the Planning Commission prefers 5 p.m. for the joint meeting with the Council on 12 September. Council members were OK with this. 2. Comments & Questions from the Audience, not related to the Agenda: No issues were raised. 3. Announcements and City Manager's Report: Mr. Miller: The Airport Planning Committee had its first meeting. Mr. Miller was present ex officio as were representatives from the City of Winooski. The Committee has been appointed by the Burlington City Council and will meet on alternate Thursday evenings. Meetings are open to the public. The next meeting is on 13 September. At the meeting, there was discussion as to whether ex officio members will be voting members. This will be discussed with Burlington Mayor Weinberger and legal counsel Ms. Greco noted she received a call from Gene Palumbo, South Burlington's representative on the Airport Commission. The members of that Commission can attend the Planning Committee's meetings as observers. Mr. Miller also noted that after the City Council approved the TIF submission to the Economic Council, the city learned that Barre was making a similar application for the last remaining TIF opportunity. Both cities logged in their applications at the same time on the same day. At the Governor's press conference this morning, Governor Shumlin said he felt that to be fair this situation should go to the Legislature to ask that both applications, if they are found to be in order, be permitted. Mr. Miller expressed appreciation for this. Ms. Dooley: The Affordable Housing Subcommittee held another meeting. It was noted that an additional 404 housing units are anticipated in South Burlington by 2012. Ms. Dooley noted that South Burlington is definitely"aging," and the most predominate (34%)type of household in the city is the one person household. RFPs for a consultant are due on Friday. Ms. Greco: Attended the Planning Commission and the Sustainable Agriculture Subcommittee meetings. CITY COUNCIL 4 SEPTEMBER 2012 PAGE 2 Mr. Engels: The Form Based Codes Subcommittee is meeting every other Thursday. RFPs for a consultant are out. This week, the group will walk the City Center area Two members of the group live in the neighborhood. 4. Consent Agenda: A.Approve Minutes of 16 July, 6, 15, and 20 August 2012 B. Sign Disbursements C. Review July 2012 Financials D. Consider approval of the Governor's Highway Safety Equipment Incentive Grant E. Consider approval of the ECOS Implementation Grant Program F. Consider approval of the 2013 Vermont Municipal Planning Grant G. Consider Approval of Refinancing of City's existing fire truck note from Northfield Savings Bank to Merchants Bank so as to get a lower interest rate and thereby reduce three years of interest payments H. Consider approval of the following Entertainment/Special Event Permits: 1. Healthy Living Wine Tasting, 29 September 2012 2. Healthy Living Farming Event, 30 September 2012 3. Nightmare/S. Burlington Rotary Haunted House, Picard Circle, October 19, 20, 25-28, 2012 4. Magic Hat Brewing Octoberfest, 20 October 2012 5. Magic Hat Brewing Skiing/Snowboard Demos, 10 November 2012 Ms. Dooley asked to remove the 16 July, and 15 and 20 August Minutes and the Disbursements from the Consent Agenda. Mr. Engels moved to approve the Consent Agenda minus the Minutes of 16 July, 15 and 20 August, and the Disbursements. Ms. Dooley seconded. Motion passed unanimously. Ms. Dooley noted that the 20 August minutes indicate the 16 July minutes have been approved. She noted that in the 16 July minutes, the first sentence on p. 3 gives the impression that the City Manager's authority to hire, discipline and fire employees is new. She suggested rewording the sentence to say the City Manager would ''continue to have the authority..." In the minutes of 15 August, the meeting schedule was amended. Ms. Greco noted that in those minutes, under other business, the meeting is with the"staff of Vermont's legislators, not the legislators themselves. Ms. Dooley noted that in the minutes of 20 August, p. 3, paragraph 3, she asked if the fee should be"changed" not"charged." On p. 7, 6`h paragraph, the sentence was amended to read "...will bring bikes closer to the road." Ms. Mackenzie moved to approve the Minutes of 16 July, 15 and 20 August as amended. Ms. Riehle seconded. Motion passed unanimously. Regarding disbursements, Mr. Dooley asked about the item related to the Rural Development Farm Service. Mr. Rusten explained that this was in connection with stormwater. Ms. Dooley moved to approve the disbursements as presented. Ms. Riehle seconded. Motion passed unanimously. CITY COUNCIL 4 SEPTEMBER 2012 PAGE 3 5. Liquor Control Board: Ms. Riehle moved that the Council meet as Liquor Control Board. Mr. Engels seconded. Motion passed unanimously. First Class Liquor License applications were presented from the Grand Buffet II, Inc., 1303 Williston Road, and Osaka Hana, 150 Dorset Street. Ms. Mackenzie moved to approve the First Class Liquor License applications of Grand Buffet II, Inc., and Osaka Hana as presented. Ms. Dooley seconded. Motion passed unanimously. Ms. Mackenzie moved to reconvene as City Council. Ms. Dooley seconded. Motion passed unanimously. 6. Consider Appointing a Voting Delegate for the Annual VLCT Business Meeting on 4 October 2012: Mr. Miller noted that each town gets one vote. He suggested that if no Council member wishes to serve as voting delegate, they designate Mr. Rusten who will be attending the meeting. Mr. Engels moved to appoint Bob Rusten as voting delegate for the Annual VLCT Business Meeting. Ms. Riehle seconded. Motion passed unanimously. 7. Update on City's Financial Statements for FY2012: Mr. Rusten noted that FY2011 ended with a $200,000.00 deficit. FY2012 $250,000.00 in the hold. In addition, there was authority to hire 2 unanticipated employees. Mr. Rusten said they are anticipating a surplus at the end of FY2012 of about$405,000.00. He stressed that these are unaudited figures. The final audit is expected in December. Mr. Rusten pointed out some overexpenditures in various categories that are offset by additional revenues. He then outlined some areas of concern including: 1. Overtime for fire and ambulance (there are discussion with the union as to how to alleviate this) 2. Sick Bank ($100,000 was put in a special account for 2013) 3. Advertising (involved hiring which is not anticipated in 2013) 4. Pension administration (There will be an RFP going to the Pension Committee to see if the current administrator is doing the best job at the best price. Mr Rusten said an overage is not anticipated in FY2012) 5. Sewer(a surplus of$552,000 had been budgeted for; the estimate is a surplus of$849,000. This is mainly due to connection fees. Mr. Miller cautioned against anticipating this would continue to be the case in future years.) Council members were encouraged not to consider spending the surplus in one place. Mr. Rusten stressed that they still have to address the"due to"and"due from" issues. There is also work to be done on the building,which has not been budgeted. And there is only$50,000.00 in the"rainy day fund,"and this is not enough CITY COUNCIL 4 SEPTEMBER 2012 PAGE 4 Mr. Engels asked if the city will be able to lower or maintain existing fees. Mr. Rusten said they have only one year's experience with the existing fees. They will look at that in the FY2014 budget process. He added that"one year of good financial news does not make a good financial package." He also noted the need to look long term at such concerns as City Center and Market Street. Ms. Dooley asked if the city got a payment from AOT for stormwater. Mr. Rusten said they did. Ms Dooley said the City Center will be expensive, but it is an investment in the city's future. Mr Engels agreed. Ms. Greco questioned why the estimates were so far off. Mr. Rusten noted that the local option tax payment of$800,000 was much better than was anticipated, and there were other revenues in August. He added that it is not a concern when estimates are so far off. Ms. Dooley expressed appreciation to all of those who have rewritten notes, etc.,to get lower interest rates and save the taxpayers money. 8. (Postponed). 9. Public Hearings: A. Second Public Hearing on City Council's Proposed City Charter Amendment regarding the South Burlington Community Library: Ms. Mackenzie moved to open the public hearing. Ms. Riehle seconded. Ms. Kochman requested a change to the language that says the Library Board"may seek and obtain input from the Trustees..." She felt"may"should be changed to"shall"as the city's version strips the Library Board of all authority under state law. She felt this"demotes the Board." Mr. Kochman felt the direction of this amendment was wrong, and the city should not be consolidating power. He said the city does not have an adequate library for a city of this size. He felt it is short-sighed to consolidate power and cited the fact that money that was supposed to go to the Library was misplaced by a previous administration. He understood that this money will be replaced, but the point is it happened. Mr. Engels noted the court decision resulting in this amendment is a controversial one. He felt the amendment is"correcting a wrong." Mr. Kochman said the city has been acting illegally for a long time. He said he is using the past to illustrate a potential problem for the future. Ms. Simson, Chair of the Library Board, said the Board worked closely with the City Council and City Manager to come into compliance with the court decision. She felt the amendment will allow the Board to be advisors to the City Council and City Manager. She also noted that in addition to the Charter change,there is a Memorandum of Understanding which, among other things, said the City Manager shall advise the Board of actions prior to taking them. Ms. Simson said the Trustees unanimously adopted the current language. Mr. Pasackow, a Library Board Trustee, supported the Charter change and was comfortable with it, especially with the Memorandum of Understanding. He looked forward to the future of a stand alone Library. Ms. Murphy, Librarian for 12 years, fully supported the Charter change. She felt the Library gets a great deal of support from the city and didn't know how she would manage without the support of the City CITY COUNCIL 4 SEPTEMBER 2012 PAGE 5 Manager, Mr. Rusten, Human Services, etc. She believed the Library should be a city department and also values the Board of Trustees. She felt the Trustees will be able to oversee policies and be advocates for the Library. As there was no further public comment, Ms. Riehle moved to close the public hearing. Ms. Mackenzie seconded. Motion passed unanimously. B. Second Public Hearing on City Council's Proposed City Charter Amendment regarding the City Clerk Position: Ms. Mackenzie moved to open the public hearing. Ms. Dooley seconded. Motion passed unanimously. Ms Greco noted that after the last public hearing, the Council has taken into consideration a residency requirement and also the section of the amendment dealing with the Board of Civil Authority. She also noted there was a mediation session on Friday with the City Clerk which was attended by Ms. Riehle and Ms. Mackenzie. Ms. Riehle said the mediation was the result of the Board of Civil Authority requesting to see if mediation could resolve the two different proposals. Each side had lawyers present, and the session lasted 6 hours. Confidentiality was waived. The City Council proposed that to make the transition happen, after the current City Clerk's term expires, there would be 3 one-year elected terms. Then in 2017, the City Clerk position would become an appointed position. From then on, the City Clerk's office would have the same supervision as other departments, including hiring, reprimanding and firing of employees. Security of the City Clerk's office would remain the same as other offices, except for the vault which would remain under the control of the City Clerk. This proposal was not accepted, and the meeting ended without a resolution. Public comment was then solicited. Ms. Bull:A 60+year resident did not understand the issue of"transparency." She said the city has a well liked City Clerk and she saw no reason to change that. Ms. Mackenzie said this is not a referendum on the current City Clerk. It is a question of oversight where there are significant amounts of money that come over the counter. Ms. Kinville: Responded to a comment that there have been 8 hires in the City Clerk's office in recent years. She noted that 2 of her staff were promoted within the city, one person left to work in the School office for significantly more money, one person is still working in the office, one person was told that she would be reimbursed for education expenses and when she presented this for payment was told the city wouldn't reimburse these expenses. Two people who were dismissed were not Ms. Kinville's first, second or third choices. The City Manager would not hire her first choices. Ms. Kinville also responded to the statement that$17,000,000 in tax money is collected in the Clerk's office. She said the figure is closer to$11,000,000 of which only about$56,000 is in cash during the full year. She also noted that by statute, the Clerk does not have to collect taxes. She noted that only about 6% of other fees and payments are made in cash. Ms. Kinville stressed that she hoped all parties could act professionally in coming months. Mr. Engels asked what percentage of time is spent collecting taxes. Ms. Kinville said she couldn't really say because each day they get questions which they have to refer to the Assessor's office. This happens 5 to 20 times a day. CITY COUNCIL 4 SEPTEMBER 2012 PAGE 6 Mr. Cimonetti: A resident since 1963, he has served as both an appointed and elected official in South Burlington and the State of Vermont. He felt there is a much different perspective between being appointed and elected. Appointed officials are bureaucrats. Elected officials ask and receive support from the populace and owe their allegiance to those who elect them. Appointed officials owe their allegiances to those who appointed them. Mr. Cimonetti noted the City Clerk is a member of the Board of Civil Authority which has defined responsibilities: elections, tax appeals, tax abatement, etc. He implored the Council to leave the City Charter alone and not to take away the voice of the people. Mr.Taylor:A member of the Board of Civil Authority since 1987, has worked closely with the City Clerk. It is one of the few elected positions in the city. He felt that any protection of money can be handled through audits. He also felt that all administrative issues can be resolved with an elected clerk. Ms. Dooley raised the question of employees having collective bargaining rights regarding hiring, firing and discipline. She didn't see how the Clerk's employees could be members of the collective bargaining unit without those rights. Mr.Taylor said he believed that if the Council had been successful in mediating with the City Clerk,there could have been a resolution that the Clerk could have supported. Ms. Riehle asked if Mr. Taylor would support the status quo. Mr. Taylor felt it is not very functional now. Mr.Taylor also stated that having an elected Clerk running elections is far better than having an appointed clerk. He said the Council seems to be saying the public can't elect a good City Clerk. He said he has seen appointed people do bad things in a city. He would put his trust with the voters. Ms. Greco asked the City Attorney to address the hiring and firing issue. Mr. Stitzel said he understood the language to mean that the City Clerk would have sole authority to hire, discipline and fire her employees. In the bargaining unit,there are procedures for hiring, disciplining and firing (e.g., discrimination provision; review of termination by the City Council, etc.). Mr. Stitzel said his interpretation of the Clerk's amendment would be that the City Clerk would not be subject to anti-discrimination or review of her actions by the City Council in the instance of firing an employee. He added that the City Council proposal would have provided that employees would have been subject to the same policies as other department employees. This proposal was not accepted. Ms. Haggerty asked when the language of the amendment has to be set. Mr. Miller said in all likelihood it will be set on Thursday, after the second public hearing on the Clerk's proposed amendment. Ms. Greco noted the Council's amendment language can be changed;the Clerk's cannot. Ms. Picard: A resident since 1953 and City Clerk for 25 years, she enumerated some things the Clerk does for the citizens: she recalled a groom calling on a Saturday morning of the wedding to get a wedding license,which she came into the office and did for him; she recalled attorneys calling after hours for acreage on a piece of property, and the Clerk coming in to get it for them, etc. She stressed that the Clerk is a personal representative of the people and the people are the Clerk's responsibility. She noted that the Council could hire a Clerk who may live in Milton and wouldn't want to come in on a Saturday or evening. The elected Clerk lives in the city. Ms. Mackenzie said this is not a referendum about the current clerk. It is about moving forward and having measurements for handling of checks, etc. CITY COUNCIL 4 SEPTEMBER 2012 PAGE 7 Ms. Dooley said the City Council did not bring this up. The City Clerk did. She went to the City Charter Committee. That Committee made a recommendation that the Council did not accept. Ms. Dooley said there are 8 towns in Vermont with appointed clerks, including Burlington and Essex. It is a different way of doing things. She noted that Assistant Clerks have had full bargaining rights for over 20 years and she saw no reason to take that away from them. She also noted that she was not saying there is no merit for having an elected City Clerk. Ms.Riehle said the Council was forced to think about changes to city government as a result of the City Clerk's petition. She added that if she had a choice, neither amendment would be on the ballot. She didn't feel that the keys to the office were a Charter change issue. She also felt that taking away collective bargaining rights is a wrong step for the city. She added that"the issues are too personalized at this point." Mr. Engels said he feels positive about this amendment for a city this size. He felt an elected Clerk is never subject to supervision. He understood the tradition for that but felt there has to be a chain of command. He said the Clerk functions as a department head but does not have to function as other department heads do. Ms. Greco said this is clearly an emotional issue, but she sees it as a very pragmatic issue. She noted that under state law,there are 19 different responsibilities for selectboards/city councils and 7 for the city clerks. The clerks'responsibilities are administrative. She was concerned with oversight in the handling of money and with collective bargaining rights. Ms. Picard asked what the City Charter Committee's recommendation was. Ms Dooley said they recommended an elected City Clerk and giving the Clerk the right to hire, discipline and fire her employees. A member of the audience felt the language of the Council's amendment is misleading because it says the Clerk would continue to be elected until 2014, and this might lead people to think the position will be an elected one. Ms. Riehle suggested flipping the two sentences for clarity. As there was no further public comment, Ms. Mackenzie moved to close the public hearing. Ms. Riehle seconded. Motion passed unanimously. C. First Public Hearing on the City Clerk's Proposed City Charter Amendment regarding the City Clerk position, staff, and office access: Ms. Mackenzie moved to open the public hearing. Mr. Engels seconded. Motion passed unanimously. Ms. Kinville read her petition. She noted this petition got started when the City Clerk decided to go opposite the recommendation of the City Charter Committee. She said the problem is the sides have not worked together. She has never been asked to look at the processes in the Clerk's office. Ms. Kinville said she still believes her employees can be members of the union; she would only ask to eliminate the section that says she has to go to the City Manager for hiring, disciplining and firing employees. She stressed that she wants her employees to feel safe and secure and have a chance to do their jobs. Ms. Greco felt those were the key elements of the contract. Ms. Kinville said all she wants is not to have to go to the City Manager. She felt the Legislature can make a change to the language (which she now cannot do), and she had no problem having someone review her actions to see all legal processes have been met. Ms. Lyons, President of the City Hall Employees Association cited the case of a previous employee who chose not to file a grievance when dismissed. She noted that all employees get a copy of the city rules and CITY COUNCIL 4 SEPTEMBER 2012 PAGE 8 regulations and a copy of the union contract which sets forth the grievance process. Members can consult with the union's attorney. Ms. Lyons felt all employees should have the same rights and protections. She understood that the City Clerk is now the supervisor of the two assistant clerk's in her office. As there was no further public comment, Ms. Mackenzie moved to close the public hearing. Ms. Riehle seconded. Motion passed unanimously. Members then agreed to make no changes to the wording of the Library amendment. The agreed to reverse the first two lines of Section 13, Subsection 301 of the Council's City Clerk amendment, to drop the BCA piece of the proposed amendment, and to add a residency requirement with the possibility of a waiver by the City Council. 10. Interim Zoning - Public Hearings: A. Public Hearing for Interim Zoning Application #IZ-12-11, Larkin Realty, amendment to existing PUD, demolish existing two story, 89 unit hotel replace with four story, 89 unit hotel, 5 Dorset Street: Ms. Murray said this application must be continued as the applicant did not do adequate public notice. Ms. Mackenzie moved to continue IZ-12-11 until 1 October 2012. Ms. Dooley seconded. Motion passed unanimously. B. Public Hearing Interim Zoning Application #IZ-12-12, Benson Development Copany, amendment to PUD from a two lot subdivision to three lots, 5-9 Executive Drive: Ms. Bell showed the location of the property off Patchen Road. This proposal is for financial purposes and there is no building proposed. They would subdivide the multi-unit residential houses from the overall property. This would now be known as lot#2. She showed the road that would serve lots 2 and 3. Ms. Dooley asked if lot#2 creates a non-conforming use. Ms. Bell said it does not. They also meet the setback requirements. Ms. Dooley asked if 16 units are allowed on less than an acre. Ms. Murray said she will have to check on that. Ms. Dooley said there seems to be a lot of parking on lot#3. Ms Bell said all residential parking will be on lot#2. There will be an easement to cross lot#3. She stressed that their only intent is to refinance. Ms. Dooley noted this is some of the most affordable housing in the city. Ms. Murray noted a proposed road through the City Center would go near this property, but its route is not yet determined. Ms. Bell noted these units are already in place, and the issue here is financing. Ms. Mackenzie moved to close the public hearing and to have a deliberative session on the application. Mr. Engels seconded. Motion passed unanimously. 11. Other Business: A. Any items held from Consent Agenda: No issues were raised. CITY COUNCIL 4 SEPTEMBER 2012 PAGE 9 B. Any items Council may wish to place on a future agenda: Ms. Dooley noted a resident who is concerned that there is no signage to identify the location of the Police Department. There is a question as to whether off-premises signage is allowed. Mr. Miller said he will have information on this from staff in a few days. Ms. Greco noted receipt of an anonymous letter asking that the Council request that the Air Force have a comparison flyover. The Air Force has said no to this. It would cost$35,000 an hour to fly the F-35. Ms. Greco also noted receipt of a thank you note regarding the F-35s from a resident of Milton. It was noted that 29 October has been tentatively set for addressing priorities. Mr. Miller felt that if the 22 October agenda is light, this could be added then. October meetings are on 1, 22 and 29 October. Executive Session: Ms. Dooley moved the Council meet in Executive Session and Deliberative Session. Ms. Riehle seconded. Motion passed unanimously. JLadd From: Kimberly Murray Sent: Wednesday, September 26, 2012 3:03 PM To: JLadd Cc: Bob Rusten Subject: RE: Affordable Housing agenda item PlaceSense and Front Porch Community Planning for $22,900 I am working on the memo now. Thanks, Kimberly From: JLadd Sent: Wednesday, September 26, 2012 2:31 PM To: Kimberly Murray Subject: Affordable Housing agenda item Kimberly, Bob would like to know who the contract is going to be with for the consultant work on your Affordable Housing agenda item? Janice .Gaud HR Coordinator/Assist. City Treasurer City of South Burlington 575 Dorset St South Burlington, VT 05403 802-846-4118 i JLadd From: Kimberly Murray Sent: Tuesday, September 25, 2012 2:37 PM To: Sandy Miller; Bob Rusten Cc: JLadd; Paul Conner Subject: Updated IZ schedule and IZ Council Agenda items for 10/1 Attachments: Interim Zoning Schedule & Notes.pdf Categories: Interview Everyone, Please find attached an updated IZ schedule. Janice, Please place on the City Council October 1st regular agenda: 1.)(Continued Public Hearing: Interim Zoning Application #IZ-12-07, Rye Associates, 52 unit PUD with 20,000 sq. ft. of commercial space in 4 buildings, 1075 Hinesburg Road. 2.\jContinued Public Hearing: Interim Zoning Application #IZ-12-08, 900 Dorset Street, LLC; construct three (3) unit multi-family dwelling on lot with existing single family dwelling, 900 Dorset Street. 3. Continued Public Hearing: Interim Zoning #IZ-12-10, John & Kathleen Pennucci, two (2) lot subdivision, 1721 Dorset Street. 4.)( Public Hearing: Interim Zoning#IZ-12-11, Larkin Realty, amendment to existing PUD, demolish existing two story, 89 unit hotel, replace with four story, 89 unit hotel, 5 Dorset Street. 5.X Consultant Selection for Affordable Housing Study Request for Proposal (Sandy or Bob may want different wording) I� i(1 l U 7 For the City Council October 1st deliberative session-Review draft decisions for: Wir ! r I (1 � " - ,(jjj4 1,Xlnterim Zoning Application #IZ-12-06, John Larkin, 40 unit PUC (phase 1 of 71 unit project), 201 Allen Road. S-61 2K Interim Zoning Application #IZ-12-10 John & Kathleen Pennucci, two (2) lot subdivision, 1721 Dorset Street. 1 3)(nterim Zoning Application #IZ-12-12, Benson Development Company, amendment to PUD from a 2 lot subdivision to three lots, 5-9 Executive Drive. Thanks, Kimberly Development Coordinator t 802-846-4131 f 801-846-4101 kmurray@sburl.com www.sburl.com I;, ..,.s,c��i ( .3�,1U?t) t`"1i,.F-rrt �`_. ✓ , 2 I . is li E PUBLIC WORKS To: Sandy Miller, City Manager From: Justin Rabidoux,Director /( Date: September 26,2012 Re: Sewer Division—Bartlett Bay Plant Disc Filter Repair Project The Bartlett Bay Wastewater Treatment Facility utilizes a cloth disc filtration system to filter large,suspended solids from the wastewater to meet the state and federal discharge permit requirements.The cloth disc filtration system includes three disc filter unit basins located in one concrete tank.The concrete tank is divided into three basins by two existing bulkhead walls.The existing bulkhead walls are corroding and have corrosion holes that leak. In this condition,it is not possible to shutdown a disc filter basin by draining it to safely access the basin and complete maintenance or repair work because of the leaking bulkhead walls. Periodic maintenance is required to ensure continued proper filter performance and compliance with the discharge permits.Repairs to the filter will ensure its future ability to remove the suspended solids from the waste stream at the proper point in the treatment process,which is crucial for permit compliance. 'l'he referenced project proposes to remove the existing leaking bulkhead walls and replace them with cast-in-place concrete walls. Replacement of the leaking bulkhead walls with new concrete walls will allow the plant operators to shutdown each of disc filter basins, drain it,and safely access it to complete periodic required maintenance and provide continued filter performance and compliance with discharge permits. Anticipated Project Costs: 1. Engineering/Inspection $28,626 2. Construction Contract $135,876 3. Construction Contract Contingency(5%) $6,800 Total $171,302 The Sewer Fund has an unreserved surplus in excess of$200,000. Staff proposes to fund this project out of that surplus and seeks City Council authorization to do so. If the project is not funded now, its need will not dissipate and staff will propose it be included in the FY'14 budget; but our recommendation is to complete the repairs now so as to avoid potential permit violations and the accompanied increased scrutiny and fines often associated with violations. , „ _.. ' . ��+; www.s url.com ;S�t i'�e?t �t;utn B;u ;i;rrtc>ir ''( t�,, 1ii: ta! ! f;,h c;: tax btlt t,�i ._..._.___ i'),, ,"<il ,.i sS it .i _(i'd Roiti1 ,0,,Iii {i,ishrs:110! I JLadd From: Justin Rabidoux Sent: Wednesday, September 26, 2012 11:33 AM To: Sandy Miller Cc: Bob Rusten; JLadd Subject: City Council Consent Agenda Item - Bartlett Bay Disc Filter Project Attachments: S28C-112092611310.pdf Good Morning, Attached is my memo for Monday's Council meeting for the discussed repairs at the Bartlett Bay Plant. Justin From: noreply@sburl.com [mailto:noreply(asburl.com] Sent: Wednesday, September 26, 2012 7:31 AM To: Justin Rabidoux Subject: Message from 28C-1 JLadd From: Sandy Miller Sent_ Tuesday, September 18, 2012 11:18 AM To: ray;JLadd; Bob Rusten Subject: RE: Land Swap with Lewis Family Partnership Categories: Interview This is okay for Oct. 1—consent agenda. Thanks. Saxezd "Sandy" 1d elr ICMA -Credentialed Manager City Manager City of South Burlington 575 Dorset Street South Burlington, VT 05403 Tel: 802-846-4107 Fax: 802-846-4101 E-mail: smiller@sburl.com Website: www.sburl.com From: ray Sent: Tuesday, September 18, 2012 9:48 AM To: Sandy Miller; JLadd; Bob Rusten Subject: Land Swap with Lewis Family Partnership Hi Sandy, We have just received the deeds to complete the land swap between the City of South Burlington and Lewis Family Partnership resulting from an encroachment created during the construction of fire station #2 on Holmes Road. Attached are a copy of the deed from the City to Lewis and a copy of the survey plat depicting the two(2)parcels to be swapped.The City Council must approve the transfer of land to Lewis Family Partnership at a public meeting. Please schedule this for the next available council meeting and provide me with the signed deed so I may record it and the corresponding deed to transfer the other small parcel from Lewis to the City. I will provide Janice with hard copies. Thank you. Ray Belair Administrative Officer 1 JLadd From: ray Sent: Monday, September 17, 2012 11:07 AM To: Sandy Miller; Paul Conner Cc: JLadd Subject: Dorset Links Irrevocable Offer of Dedication Attachments: DorsetLinks_IOD.pdf Hi Sandy, I just received an Irrevocable Offer of Dedication (IOD)for the streets and related infrastructure for the new Dorset Links residential development at 1500 Dorset Street. I have received confirmation from David Rugh, Esq. that he has reviewed and approved this document.This offer needs to be accepted by the City Council and recorded in the Land Records before the developer can be issued a zoning permit to start road construction. I will provide Janice with the original document (an electronic version is attached). Please return the signed IOD to me as I have other legal documents and the recording fee for this and the other documents so I can record them all together. Thanks. Ray Belair Administrative Officer ra a� 4. City of South Burlington 575 Dorset Street South Burlington, VT 05403 Ph:802.846.4106 Fax:802.846.4101 rbelair@sbu rl.corn www.sburl.com 1 WARRANTY DEED KNOW ALL BY THESE PRESENTS: That City of South Burlington, a Vermont municipality having a place of business in South Burlington,in the County of Chittenden,and State of Vermont(the"Grantor"),in consideration of TEN AND MORE DOLLARS paid to the Grantor's full satisfaction by Lewis Family Partnership, LLP, formerly known as Lewis Family Limited Partnership,a Vermont limited liability partnership having a place of business in South Burlington in the County of Chittenden, and State of Vermont (the "Grantee"), by these presents, does freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the Grantee, and its successors and assigns, forever, a certain piece of land in South Burlington in the County of Chittenden,and State of Vermont, described as follows, viz: Being a small parcel of land, approximately 0.03 acres in area, more or less, shown and depicted as "Portion of City of South Burlington To Be Conveyed to Alexander Lewis Property 1447 S.F. - 0.36 Acre" on a plat entitled Boundary Plat Lewis Family Partnership, LLP 1301 & 1325 Shelbume Road South Burlington, Vt. dated October 10, 1996, prepared by Trudell Consulting Engineers, Inc., recorded in Map Slide 305 of the Land Records of the City of South Burlington (the "Plat"). Being a portion of the lands and premises conveyed to the Grantor pursuant to a warranty deed, dated November 14, 1985, from Alexander S. Lewis, recorded in Volume 214, Page 340- of the Land Records of the City of South Burlington. The parcel of land is a parallelogram, having east and west boundaries of 170.00 feet and north and south boundaries of 8.69 feet, all as shown and depicted on the Plat. Reference is hereby made to the above-mentioned instruments, the record thereof, the references therein made, and their respective records and references, in further aid of this description. TO HAVE AND TO HOLD said granted premises,with all the privileges and appurtenances thereof, to the Grantee and its successors and assigns, to its and their own use and behoof forever; And the Grantor, for itself and its successors and assigns, does covenant with the Grantee, and its successors and assigns, that until the ensealing of these presents it is the sole owner of the lands and premises, and has good right and title to convey the same in manner aforesaid, that it is FREE FROM EVERY ENCUMBRANCE; and that it hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. LISMAN LECKERLING,ATTORNEYS AT LAW,P.O.BOX 728,BURLINGTON,VT 05402 802-864-5756 1 IN WITNESS WHEREOF,the Grantor has executed this deed this day of 2012. City of South Burlington By: Sanford Miller, Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington this day of , 2012, Sanford Miller, duly authorized agent of City of South Burlington personally appeared, and he acknowledged this instrument,by him sealed and subscribed, to be his free act and deed and the free act and deed of City of South Burlington. Before me, Notary Public Print Name: My Commission Expires: 2/10/15 23775\000 LISMAN LECKERLING,ATTORNEYS AT LAW,P.O.BOX 728,BURLINGTON,VT 05402 802-864-5756 2 /-ro.o. PARCEL TO BE CONVEYED tax mop no. 0870-00005 • sTaE=t a� FLUSH TO CITY OF SO.BURLINGTON I FARRELL DISTRIBUTING CORP. �! SOUTH BtRTtINGTDN aTY CLERK's OFFICE 0.04 ACRE I v.815p 71 tP S PROPOSED mop.Rd. 17B RECEIVED FOR RECORD `5 F s Man. BOUNDARY UNE 4'SQUARE /D.201_ 11 , _____* ______________________________ ^ I I UP LIT at O'dxk mklutp_m ��`� __________ ------- / mYd monied M Map SM. ��'��� iZ ____ --YwsnND UNE___ / -LB __® 397.04' p N Attest City Clang '• It , NOTE 11 'W--��- - N1-3D' o n es, ,� N ) h �� �y tax map no.0870-00003 I \� 4'SQUARE , �` E CITY OF SOUTH uR8UNG10N . -�y,I as• .r PA TOP BROKEN .... �\� p• 'I ID •� / _ -_ aONp N L _ u BUILDING PAVED m -"s-_ PROPOSED - PARKING I - ` I R E BOUNDARY LINE ``1--5-- O B U SEE NOTE II 1 AREA .•I / I 30'EAsOUENT �-_~"--_ ` E L / a 7I7 P•113 ��__ PARCEL TO BE t70.00' Ni ' FaojC'T LOCATION CONVEYED TO LEWIS , '' ��' GRAVEL. FAMILY PARTNERSHIP , -- -_ PARKING 0.03 ACRE I EXISTING UNE.• NI S302S AREA /� �yI= I SEE NOTE II PALED DINLE I I �..-.4 1 10 N PA i N,a PARCEL 4 PALED /I y'A' RETAINING 2.12 ACRES PARKING • a WALL I I AREA NOTM 2 I) THIS PLAT IS BASED ON DEEDS RESEARCHED IN too map no. 0870-00002 N1 g�• '55'2 • THE CITY OF SOUTH BURLINGTON LAND RECORDS AND DS LLC 25 I� 128.18' A CLOSED FIELD TRAVERSE CONDUCTED N17H A TOTAL STATION ON 6/13/90. BEARINGS ARE BASED ON I N18'56'34•E a MAGNETIC NORTH TAKEN ALONG A LEG OF THE TRAVERSE.200•00• 2)REBARS SET ARE NO. 5 REINFORCING BARS 1MTH I -�1- � ALUMINUM CAPS STAMPED 'TRUOELL CONSULTING PARCEL 1 ENGINEERS, LS 488'. a T.00 ACRE I _ 3) THESE PARCELS PIETIE CONVEYED TO LEWIS FAMILY PARCEL.66A 2 PARTNERSHIP•LLP IN VOLUME 876 PAGE 50 AND Nl I, 0.88 ACRE SHOWN ON A PUT ENTITLED VEINS MOTORS', WHICH Io N tax mmaapp no. 1340-OI2JJ IS RECORDED IN MAP SLIDE 305, LAKENOOD COMMONS N CONDOMINIUM ASSOC. 4)DISTANCES ARE SHOWN TO THE HUNDREDTH OF A 4 -ETAININO ICRONN P C ACRE BUILDING Y. 217 pp. 115 FOOT AND BEARINGS ARE SHOWN TO THE SECOND O WALL PAVED1.11 map oPd.267 FOR MATHEMATICAL CLOSURE PURPOSES ONLY.PARKING 5)AN ATTEMPT HAS BEEN MADE TO IDENTIFY OR \ 1111 AREA DELINEATE EASEMENTS.RIGHTS OF WAY,!EASE LANDS, • PAYID RETAINING ENCROACHMENTS ETC. OBSERVED IN THE FIELD OR 70 P c. AREA wALL READILY FOUND IN THE LAND RECORDS ADDITIONAL ENCUMBRANCES MAY EXIST WHICH ARE NOT SHOWN BUILDING H ON THIS PUT.I1303 Y nl 6)UNDERGROUND UTILITY LINES SHOW ARE BASED tax map na 1540-01JJ3 ON ABOVE GROUND STRUCTURES AND PLANS OF E. CRANE. TRUSTEE P ROAD' ry N PARKING W V ", RECORD. ACTUAL LOCATION OF UNDERGROUND LINES �� AREA ni !`IJ MAY VARY. 0 --G 008 ACRE n' A+`OiJ 7)THIS LAND IS SUBJECT TO AN EASEMENT TO m nII 1'O0.,DO.N O.J' VERMONT GAS SYSTEMS INC. WHICH IS RECORDED IN I y N ALUM.CAP VOLUME 331 PAGE 274. THIS LAND IS SUBJECT TO AN I STATE OF LfRMONT EASEMENT TO GREEN MOUNTAIN POWER CORP. AS VT LS,Y43r P.HOOG DESCRIBED IN VOLUME 560 PAGE 573. I E' ��—15 R.O.W.v..63 p.249 BUILDING 1 199,80' / 8)A PORTION OF THIS LAND MAY BE GLEBE LAND. I map slide 38 ,nsDl I 518.5p•37'�y a 0.51' RIGHT61)THIS LAND B EASEMENTENIFITS FROM AN OF WAY ACROSS THE LANDS OFLAKEN000 PALED • I PARKING '`\ ` „ 518'S9.374w COMMONS CONDOMINIUM ASSOCIATION AS DESCRIBED t0.t.3Y AREA .ry T• IN VOLUME 217 PAGE 271. B1B`J�y, a LT GUY NI:,NI:, 10 A PORTION OF ROUTE 7 WAS CONVEYED TO THE " _ /10.70• , TA I J`\ r•I^ STE OF VERMONT FROM ALEXANDER LEWIS AS •,/ PAGE 86 AND SHOWN ON Si8'S9'J71y I� PLANS I OF THE VERMONBED IN VOLUME TOAGENCY OF TRANSPORTATION J HIGHWAY PRO.ECT NH EGG FEGC 019-4(19). HOLMES POLE 37 " C 199.8p' 1GUri UP II' ROAD WAS CONVEYED TO THE CITY OF SOUTH S18'S9'��Y --- `, j,, BURLINGTON IN VOLUME 91 PAGE 217. 11)THE PROPOSED BOUNDARY LINES SHOWN ARE OE f NOT TO SCALE BASED ON A BOUNDARY LINE ADJUSTMENT APPROVED P 31IIP BY THE CITY OF SOUTH BURLINGTON PLANNING SHELBURNE COMMROAD A PLAISSION ON T RECORDED IN MAP SLIDE 30 10. 19965. SHOwN ON ROUTE 7 rox DRIVE �OFVo ti tax map VE MENTS 041 a! scorr A PLAZA INVESTMENTS O TAYLOR LINE DATA TABLE * NO.see UNE BEARING DISTANCE tax ma no. DER LL13J0 L1 N18159J37'E 15.02' li rre re PfONE REMAINDER C L2 500'19'28'E 15.88• SIIWJIJ' L3 N83'10.241Y 5.89' FI5400I270 SSOCIAL4 NOS 1 S16'30'25-9 519'EVENTY ASSOCIATES L5 518'30'25'Y/ 28.19' LEGEND (Tp BE NET) IRON - SEP 19 2011 • IRON PIPE(Fd/N0) ■ CONGRESS MONUMENT(FOUNO) ❑ CONCRETE MONUMENT(TO BE SET) of 1 y7 y� A REINFORCALCULCTNGED PO (FOUND) City So. Burlington A CALCULATED POINT -0 UTILITY POLE r OVERHEAD UIIIRY LINES CI CURVE DATA TABLE REFERENCE LI UNE DATA TABLE REFERENCE Boundary Plat ,L.,,,s 1,e,.a, 2011018-40 L.t. S SANITARY SEVER UNE w- WATER DRAIN LINE LEWIS FAMILY PARTNERSHIP, LLP 57500� JAI' Drawn SOT 0- STORM DRAIN LINE G GAS LINE Greer Seale 1301 & 1325 Shelburne Road on. 0/25,, x.1. Net uroATr PUl 4/17/11 SOT South Burlington, Vt. 40 0 40 90 120 160 11t1e Mal 254 0..,J08595 BB MRL.1. Thuocelpdon tleat •Y 1r TRUDELL CONSULTING ENGINEERS (TCE) OS Mal hd Bea. P.O.Boa Sae VISNylow W1mnt OWN (e07)nwr Ap1.N•0 9 EXHIBIT A WARRANTY DEED KNOW ALL PEOPLE BY THESE PRESENTS,that Dorset Links, LLC, a Vermont limited liability company, of Colchester, in the County of Chittenden and State of Vermont, Grantor, in the consideration of ONE AND MORE DOLLARS paid to Grantors' full satisfaction by the City of South Burlington, Grantee, by these presents, does freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee City of South Burlington, and its successors and assigns forever, a certain piece of land in the City of South Burlington in the County of Chittenden and State of Vermont, described as follows, viz(the "Property"): Being that 1.009 acre, more or less,parcel of land and all improvements therein or thereon depicted as "R-O-W Area= 1.009 Acres" on a survey plat entitled "Subdivision Plat, Lands of Dorset Links, LLC, 1500 Dorset Street, South Burlington,Vermont,"prepared by O'Leary-Burke Civil Associates, PLC, dated December 19, 2011, last revised June 29, 2012 and recorded as Map Slide of the City of South Burlington Land Records (the "Subdivision Plat") and on an eight sheet set of plans entitled "Dorset Links Planned Residential Development, 1500 Dorset Street, South Burlington, VT", Sheets 1-8, by O'Leary-Burke Associates, PLC dated December 14, 2011, last revised June 5, 2012 (Sheet 8), June 29, 2012 (Sheets 2, 3 and 5) and July 11, 2012 (Sheets 1 and 4) (the "Plans") (the "Road Parcel"). Also included herein is a non-exclusive easement in common with Grantor and Grantor's successors and assigns, including but not limited to the Dorset Links Homeowner's Association, Inc., for the operation, use, maintenance, inspection,testing, repair and replacement of all stormwater catch basins, swales, ditches, drainage lines,pipes extending from said roadways to the stormwater drainage system serving Grantor's subdivision and a general easement for ingress and egress over the roadways and undeveloped portions of Grantor's land to provide access to the stormwater ponds as depicted on the Plat. Also conveyed herewith is an easement to repair, maintain and replace a sewer force main and pump station on Lot 1 in the location depicted on the Plat as "Proposed Utility Easement to the City of South Burlington" (the "Sewer Easement Area"). Grantor reserves for itself and its successors and assigns, an easement within the Road Parcel to construct, maintain, repair and replace all infrastructure serving the improvements on the lands adjoining the Road Parcel as depicted on the Plat and Plans, including but not limited to footing drain lines, water and sewer mains and service lines, data transmission lines, electric lines and appurtenances, and private portions of the stormwater system, which infrastructure shall remain the property of Grantor and will be conveyed to the Dorset Links Homeowners' Association, Inc., and/or applicable lot owners until accepted by Grantee as public improvements, if ever The Road Parcel is conveyed to Grantee for use for municipal roadway purposes. This Warranty Deed shall act as a bill of sale and does hereby convey all improvements located on, over and under the Road Parcel and Sewer Easement Area, including but not limited to all roadway improvements,water mains and/or lines, sewer lines and force mains, stormwater pipes, catch basins, and appurtenances depicted on the Plat or Plans; provided, however, that Grantor reserves for itself and its successors and assigns, an easement for the stormwater lines and private sewer or water service lines and footing drain lines located within or crossing the Road Parcel,which pipes and lines shall remain the property of Grantor and will be conveyed to the Dorset Links Homeowners' Association, Inc. and/or applicable lot owners until accepted by Grantee as public improvements, if ever. Grantor, and its successors and assigns, shall return any land disturbed by the exercise of such easement to the condition which existed prior to such disturbance as soon as reasonably practical thereafter. Reference is made to the Plans which depict said lines in various locations crossing or located within the Road Parcel. By acceptance and recording of this Warranty Deed, Grantee acknowledges that it has received the necessary"as-built" certifications and test results, and has performed the investigation it deems necessary to accept the above-mentioned improvements in their"as is —where is" condition. The Property is conveyed subject to and benefitted by the following: (a) all easements, rights of way, covenants and restrictions depicted on the Plat and as of record; (b)recreation path easement to the City of South Burlington dated August 21, 2007 and recorded in Volume 793 at Page 90; (c) an easement for pipelines to Vermont Gas Systems, Inc. dated June 6, 2007 and recorded in Volume 786 at Page 41; (d) an easement to Green Mountain Power Corporation dated October 22, 1969 and recorded in Volume 89 at Page 360; (e) an easement to Green Mountain Power Corporation and Verizon dated October 15, 2007 and recorded in Volume 800 at Page 335; (f) all rights of way and easements as shown on a plat entitled "Subdivision Plat Tax Map 67,Lot 1500 William E. Dailey, III 1500 Dorset Street South Burlington, VT" dated April 2, 2007, last revised May 19, 2008,prepared by Trudell Consulting Engineers and recorded in Map Slide 529,Page 1 and as shown on a plan entitled "Dorset Heights, LLC 1500 Dorset Street, South Burlington Lot 1-4 Site Plan"prepared by Trudell Consulting Engineers, dated May 22, 2007, last revised November 14, 2008 and recorded in Map Slide 534 at Page 5; (g) Wastewater System and Potable Water Supply Permit#WW-4-2857 dated August 24, 2007, as amended by Permit#WW-4-2857-R dated August 29, 2007 and recorded in Volume 794 at Page 80, as amended by Permit#WW-4- 2857-2 dated July 13, 2102; (h) easements and rights conveyed to Dorset Links, LLC by Warranty Deed of Dorset Heights, LLC dated August 5, 2011 and recorded on August 9, 2011 in Volume 1019 at Pages 347-349; (i) Vermont Department of Environmental Conservation Authorization to Discharge under General Permit 3-9015, Permit Number 6803-9015 dated 10, 2012; and(j)Findings of Fact and Decision of the South Burlington Development Review Board dated August 22, 2012. Reference is hereby made to the above-mentioned plan and deed and the records thereof, and the references therein made all in further aid of this description. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, City of South Burlington, and its successors and assigns, to its own use and behoof forever; And,the said Grantor,Dorset Links, LLC, for itself, its successors and assigns does covenant with the said Grantee, City of South Burlington, its successors and assigns,that until the ensealing of these presents, Grantor is the sole owner of the premises, and has good right and title to convey the same in manner aforesaid,that they are FREE FROM EVERY ENCUMBRANCE; except as above stated. And Grantor hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, Grantor hereunto set its hand this day of , 2012. IN THE PRESENCE OF: DORSET LINKS, LLC By: Witness Its Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS At ,this day of ,2012,personally appeared Thomas Hergenrother,Jr.,duly authorized agent of DORSET LINKS, LLC, and he acknowledged this instrument,by him sealed and subscribed,to be his free act and deed and the free act and deed of DORSET LINKS, LLC. Before me Notary Public Commission Expires: 2/10/2015 570273.v1 IRREVOCABLE OFFER OF DEDICATION This Irrevocable Offer of Dedication by and between DORSET LINKS, LLC, a Vermont limited liability company with a place of business in Colchester, Vermont("Owner") and the CITY OF SOUTH BURLINGTON ("Municipality"). WITNESSETH: WHEREAS, the Municipality's Development Review Board approved on August 22, 2012 (the "DRB Approval") an application by Owner to establish a nine lot residential subdivision known as Dorset Links as depicted on a survey plat entitled "Subdivision Plat, Lands of Dorset Links, LLC, 1500 Dorset Street, South Burlington, Vermont," prepared by O'Leary-Burke Civil Associates, PLC, dated December 19, 2011, last revised June 29, 2012 and recorded as Map Slide of the City of South Burlington Land Records (the "Subdivision Plat") and on an eight sheet set of plans entitled "Dorset Links Planned Residential Development, 1500 Dorset Street, South Burlington, VT", Sheets 1-8, by O'Leary-Burke Associates, PLC dated December 14, 2011, last revised June 5, 2012 (Sheet 8), June 29, 2012 (Sheets 2, 3 and 5) and July 11, 2012 (Sheets 1 and 4) (the "Plans"); and WHEREAS, in accordance with the Municipality's ordinances and the DRB Approval, the Owner is required to irrevocably dedicate to the Municipality the roadway, the pump station and certain sewer and water lines and related equipment. WHEREAS, the above-described lands or an interest therein are to be dedicated to the Municipality free and clear of all encumbrances pursuant to said DRB Approval and the Subdivision Plat; NOW, THEREFORE, in consideration of the DRB Approval and for other good and valuable consideration, the parties agree as follows: 1. The Owner herewith delivers to the Municipality a Warranty Deed conveying the road, the pump station and specified sewer and water lines, to the Municipality together with appurtenant easements, an unexecuted copy of which is attached as Exhibit A; said delivery constituting a formal offer of dedication to the Municipality of the premises described therein, to be held by the Municipality until the acceptance or rejection of such offer of dedication by the City Council of the Municipality. 2. The Owner agrees that said formal offer of dedication is irrevocable and can be accepted by the Municipality at any time. 3. Until this offer is accepted, Owner reserves the right to use the property for all purposes not inconsistent with this offer, including the right to construct the roadway and the other improvements referenced in the DRB Approval. 4. This irrevocable offer of dedication shall run with the land and shall be binding upon all assigns, grantees, successors and/or heirs of the Owner. IN WITNESS WHEREOF, we hereunto set our hands and seals this /l day of , 2012. IN THE PRESENCE OF: DORSET L , LLC By: Witness &--7,z. Its my Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS At Zc-,-/,' , this /3 day of 1/-era_ , 2012, personally appeared Thomas J. Hergenroifher, Jr., duly authorized agent of DORSET LINKS, LLC, and he acknowledged this instrument, by him sealed and subscribed,to be his free act and deed and the free act and deed of DORSET LINKS, LLC. Before me, Notary Public 6,`,. .ntr Commission Expires: 2/10/2015 CITY OF SOUTH BURLINGTON By: Witness Its Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS At ,this day of , 2012, personally appeared , duly authorized agent of the CITY OF SOUTH BURLINGTON and he/she acknowledged this instrument, by him/her sealed and subscribed, to be his/her free act and deed and the free act and deed of the CITY OF SOUTH BURLINGTON. Before me, Notary Public Commission Expires: 2/10/2015 0c Mb South } .. MEMO PUBLIC WORKS To: Sandy Miller, City Manager From: Justin Rabidoux,Director /( Date: September 26,2012 Re: Sewer Division—Bartlett Bay Plant Disc Filter Repair Project The Bartlett Bay Wastewater Treatment Facility utilizes a cloth disc filtration system to filter large, suspended solids from the wastewater to meet the state and federal discharge permit requirements.The cloth disc filtration system includes three disc filter unit basins located in one concrete tank.The concrete tank is divided into three basins by two existing bulkhead walls.The existing bulkhead walls are corroding and have corrosion holes that leak. In this condition,it is not possible to shutdown a disc filter basin by draining it to safely access the basin and complete maintenance or repair work because of the leaking bulkhead walls. Periodic maintenance is required to ensure continued proper filter performance and compliance with the discharge permits.Repairs to the filter will ensure its future ability to remove the suspended solids from the waste stream at the proper point in the treatment process,which is crucial for permit compliance. The referenced project proposes to remove the existing leaking bulkhead walls and replace them with cast-in-place concrete walls.Replacement of the leaking bulkhead walls with new concrete walls will allow the plant operators to shutdown each of disc filter basins, drain it,and safely access it to complete periodic required maintenance and provide continued filter performance and compliance with discharge permits. Anticipated Project Costs: 1. Engineering/Inspection $28,626 2. Construction Contract $135,876 3. Construction Contract Contingency(5%) $6,800 Total $171,302 The Sewer Fund has an unreserved surplus in excess of$200,000. Staff proposes to fund this project out of that surplus and seeks City Council authorization to do so. If the project is not funded now,its need will not dissipate and staff will propose it be included in the FY'14 budget; but our recommendation is to complete the repairs now so as to avoid potential permit violations and the accompanied increased scrutiny and fines often associated with violations. ,,, ,. .e} . , • 1 ,., i', 1 >3 to Rt .' t:i 't,' tax :i" f .e _ www sbur! s_orn Resolution to Create a Senior Citizens Organization Reserve Fund Whereas, the City Charter, section 13-310 (7) states, "The city council and the school board,by their own actions, may establish reserve funds to pay for public improvements,replacement of equipment, and planned or unplanned operating expenditures. Monies to be deposited in any fund shall be included in a city or school district budget and shall not be excluded in calculating the net cost of operation pursuant to subsection 1309(a)of this chapter. Reserve funds shall be kept in separate accounts and invested in the same manner as other public funds.The city council and the school board may, from time to time, expend monies in those funds for purposes for which they were established without voter approval."; and, Whereas,the City of South Burlington has supported the South Burlington Senior Citizens Club, formerly as a 501c3 entity; and, Whereas,the South Burlington Senior Citizens Club has now dissolved as a non-profit entity; and, Whereas, all notifications and discharges have been made to the State of Vermont and the IRS by a Certified Public Accountant working on behalf of the Seniors Organization; and, Whereas, there are no outstanding debts, fees, or financial obligations to be paid; and, Whereas,it is the desire of the South Burlington Senior Citizens Organization to donate said funds to the City to be placed in the City Reserve Fund,based on their meeting of September 5, 2012; and, Whereas,the $5,205.38 currently held in a local checking account by the organization, which will continue to have minor fluctuation based on deposits and withdrawals, will be deposited into the reserve fund no later than Dec. 15,2012, so that that money will be made available for Senior Citizen Organization programs and activities; and, Whereas,the Recreation Department will be charged as the custodian of the money and ensure its appropriate use and disbursement and present an annual financial report to the Seniors Organization; and, Whereas,other than operational costs, all expenditures will be made in consultation with the Seniors Organization; and, Whereas, it is the intention of the City to continue to support the programs and activities of the Senior Citizens Organization; and, Now,Therefore,Be it Resolved,that the City Council hereby creates a Reserve Fund whose purpose is to secure and disburse these funds as deemed appropriate by the Recreation Department, with due diligence and oversight by the City: and, Furthermore, Be It Resolved, that all money placed is this Reserve Fund shall only be disbursed for the uses identified in this Resolution. Dated the 1st day of October, 2012 SOUTH BURLINGTON CITY COUNCIL Rosanne Greco, Chair Pam Mackenzie, Clerk Helen Riehle, Vice Chair Sandra Dooley Paul Engels ;#410 City of South Burlington City Clerk's Office Donna Kinville, City Clerk October 1, 2012 The following Entertainment license application was approved by The South Burlington City Council after review by the city police, fire, Zoning and highway departments. Name Date and Event Magic Hat Artifactory October 5, 2012 Art Walk Rosanne Greco Chair Helen Riehle Vice Chair Pam Mackenzie Councilor Paul Engels Councilor Sandra Dooley Councilor 575 Dorset Street South Burlington,VT 05403 802-846-4105 dkinville©sburl.com Sett to City of South Burlington 0�®�°� City Clerk's Office "°TE°` Donna Kinville, City Clerk cam . (f ' Dd(0 1,31'1 SPECIAL EVENT(ENTERTAINMENT) OR CATERING PERMIT FULL NAME OF PERSON, PARTNERSHIP OR CORPORATION: )& 0a-{- arl oram' CONTACT PHONE NUMBER OR E-MAIL: �ar7 G a�oa2� ADDRESS: ' ' ectee rJ , DATE RECEIVED BY CLERK'S OFFICE: Lk. IS/ o POLICE APPROVED: tOfrf , DATE: el. ! ' FIRE APPROVED: DATE: a' ZONING APPROVED: 1*, DATE: _' AD ',Ad RECREATION APPROVED: DATE: -- HIGHWAY/HEALTH DEPT APPROVED: D4411, DATE: q'L.51O' CITY COUNCIL DATE: v I, aD c9 DATE SENT TO MONTPELIER: -----------.--- - - - - .___ ___ __ ._ .___ _ . _ _ _. .._ ____ ._ _ ____ . _ 4,,?6• °° . l' CITY OF SOUTH BU_RLINGTON ENTERTAINMENT LICENSE APPLICATION Type of Application 0 Annual Permit Special Event Permit T /77 - /Date of Application: I d"' ', Name of Establishment : fig Gi e J f c* i Address of Establishment : P iC. l I .CJCt V end . St LL-4171 rt.tfill/COli a 6 Sal b 3 Name and Address of Owner: Mffl Ara( co_.0 I[a Y e s l c wors' ` LI uni-Pa rul c . • . P6cft2SOJe NV ILI 62c Name and Address of Operator: bni e(RL .. 75 - t ini,S7\;:is: 6 al 6 I .. . Complete Description of / ,� Show:,, rn a H'YTPoku / r V�oO atia' O �i12 w(.wwtr 694 7e /i & ? 0; -CT h `4 0 170 7fe'ft . (VW.01 14 lbpike ring 6(66w/ 0_7f- 4-x0 ox-7. witoil~ srla0(S Date( s )s ) of Show�ana Hour(s ) , `ll i ofOper :Jr /�� Z� ]!��/ ` r`a / C Dates) OC floe S j '2o / 7 Hours) c - OD Pr - 8:Opi Security Provisions : , - . Wit i '. Q & iatLC eu77- d bci-md 's V7v culdeei. 1i .a 01 Ito C am . . As applicant, I have read q.nd 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 . 1)(Litl ilie� � Signure Laura From: Justin Rabidoux Sent: Thursday, September 20, 2012 10:49 AM To: Laura Subject: RE: Magic Hat Entertainment permit OK with me. From: Laura Sent: Thursday, September 20, 2012 10:46 AM To: Doug Brent; Trevor Whipple; ray; Justin Rabidoux Subject: Magic Hat Entertainment permit Hello all- This event is for Oct 5, 2012 at 5 Bartlett Bay Road facility. Let me know if there are any issues. Thanks- Laura you 4.44 IR* it 444.100.1.114* Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 lkimball@sburl.com 1 Laura From: Doug Brent Sent: Thursday, September 20, 2012 11:34 AM To: Laura Subject: RE: Magic Hat Entertainment permit Laura - No problem from fire dept. Doug From: Laura Sent: Thu 9/20/2012 10:45 AM To: Doug Brent; Trevor Whipple; ray; Justin Rabidoux Subject: Magic Hat Entertainment permit Hello all- This event is for Oct 5, 2012 at 5 Bartlett Bay Road facility. Let me know if there are any issues. Thanks- Laura ,,,14 A °w Wyk'ago & • 4410.00000-84• Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 Ikimball@sburl.com 1 Laura From: ray Sent: Thursday, September 20, 2012 1:22 PM To: Laura Subject: RE: Magic Hat Entertainment permit No zoning issues. Ray Belair Administrative Officer City of So. Burlington 802-846-4106 From: Laura Sent: Thursday, September 20, 2012 10:46 AM To: Doug Brent; Trevor Whipple; ray; Justin Rabidoux Subject: Magic Hat Entertainment permit Hello all- This event is for Oct 5, 2012 at 5 Bartlett Bay Road facility. Let me know if there are any issues. Thanks- Laura vve, - 0.0 Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 lkimball@sburl.com 1 Laura From: Trevor Whipple [twhipple@sbpdvt.org] Sent: Thursday, September 20, 2012 2:43 PM To: Laura Subject: RE: Magic Hat Entertainment permit No issues. Approved. From: Laura [mailto:Ikimball©sburl.com] m Sent: Thu 9/20/2012 10:45 AM To: Doug Brent; Trevor Whipple; ray; Justin Rabidoux Subject: Magic Hat Entertainment permit Hello all- This event is for Oct 5, 2012 at 5 Bartlett Bay Road facility. Let me know if there are any issues. Thanks- Laura 0 Or 00, 0, . .0. r?. . ,,,,..00•01440 Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington, Vt. 05403 Ikimball@sburl.com 1 JLadd From: Sandy Miller Sent: Friday, August 24, 2012 2:56 PM To: JLadd Cc: Tom Hubbard Subject: October 1 agenda item Please put the Veterans Memorial on CC agenda for October 15t as an update—Jay Zaetz Lisa Levite Samput "Sandy"Vetter ICMA-Credentialed Manager City Manager City of South Burlington 575 Dorset Street South Burlington, VT 05403 Tel: 802-846-4107 Fax: 802-846-4101 E-mail: smiller@sburl.com Website: www.sburl.com 1 ,� ,� City ®f South Burlington OI#% City Clerk's Office gip i Donna Kin ville, City Clerk f. October 1, 2012 The following first class liquor license was approved by The South Burlington City Council after review by the city police, fire, zoning , highway departments. Name address Prime Restaurants d/b/a 1633 Williston Road Guild & Company Rosanne Greco Chair Helen Riehle Vice Chair Pam Mackenzie Councilor Paul Engels Councilor Sandra Dooley Councilor 575 Dorset Street South Burlington,VT 05403 802-846-4105 dkinville@sburl.com City of South Burlington 0. ®4.54-* City Clerk's Office vor °EF° Donna Kin villa, City Clerk FIRST, SECOND CLASS AND CABARET LICENSE APPLICATION FULL NAME OF PERSON, PARTNERSHIP, CORPORATION e'er rtiaor41-31 Z-LC DOING BUSINESS AV TRADENAME Gvil.a CD crr7 ADDRESS )6 ;9 1,0 1 L& Z)Yt FIRST CLASS SECOND CLASS CABARET DATE RECEIVED BY CLERK'S OFFICE SO. URLINGTON POLICE DEPT Chef Trevor S. Whi e Date S . RLINGTON DEPT Ch of Douglas S. Brent Date SO. BURLINGTON TAX DEPT —71C6('Elitek ›lraldga__ cl///7/ Mar ha Lyons, Deputy Collector Date sent to Montpelier: �D GDV r'>L : 'sl • 3"004friebil ) i A • 064', 20 12 FIRST/SCE OND CLASS LIQUOR LICENSE AND TOBACCO APPLICATION License Year: May lst through April 30th of following year Please file application in duplicate �r�M{ �1 t5•'ki va rr•�s LK— Print Full N e of Person,Partnership,Corporation,Club or LLC Mil %� t CO.K Doing Business As-:Ira*Name Ilo3S w,kihsi-c) 1;Z Street and street number of premises covered by this application VT— 0 Sz-!03 Town or City&Zip Code 8d qaa LI'1 n Telephone Numb 214._ Mailing Address(if different from above) Email Address:lcl 01407 �j� 4,e l- L©-41 IRST CLASS ❑ SECOND CLASS ❑TOBACCO Fee for ANY FIRST class license paid to town/city$100.00/Fee to DLC $100.00 RESTAURANT Fee for ANY SECOND class license paid to town/city$50.00/Fee to DLC $50.00 0 HOTEL Fee for TOBACCO ONLY license paid to town/city $10.00 ❑ CABARET ❑ CLUB ® COMMERCIAL KITCHEN ^^�� �� TO THE CONTROL COMMISSIONERS OF THE TOWN/CITY OF OtAitt bc,r t hH t, t.k. ,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 0 0 I/we are applying as: ❑ INDIVIDUAL --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 tl fv\ LkA ft\'k 1/4- Vc(Gk- 1 Os1 c 2- , to tri- Potzve4 Davu ei Lo\ kic 05ifo ( � L®•►� 15cact, , CA- Are all of the above citizens of the UNITED STATES? nNo (Note:Resident Alien is not considered a U.S. Citizen) If naturalized citizen,please complete the following: � fir 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 i \JA Date of incorporation Is corporate charter now valid? Corporate Federal Identification Number Have you registered your corporation and/or trade name with the Town/City Clerk? and/or Secretary of State? (as required by VSA Title 114 1621,1623&1625). ALL APPLICANTS HAVE ANY OF THE APPLICANTS EVER BEEN CONVICTED OR PLED GUILTY TO ANY CRIMINAL OR MOTOR VEHICLE OFFENSE IN ANY COURT OF LAW (INCLUDING TRAFFIC TICKETS)AT ANY POINT? DYES ISO If yes,please complete the following information: (attached sheet if necessary) Name Court/Traffic Bureau Offense Date Do any of the s hold any electyve or appointive state,county,city,village/town office in Vermont? (See VSA,T.7, Ch.9,4223) ES I .X 1NO If yes,please complete the following information: Name i I W 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 Educa pn Regula ' n,No. 3: NAME: 't9SI^ y Ir►t►— TITLE: MAvi k�w DATE: 'fit q 201 Z (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 OE PREMISES (Section 4) Description of the premises t be limped: Y'r Pt-4uv a� WN at, To C7 s-C '^' J't9Oh ��� 4v"— Does applicant own the premises described? /VO If not owned,does,.Applicant leas the remises? If leased,name and address of lessor who holds title to property: IDO4 i f co Q®,r 2252 OS-Io7 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 (e4 (if licensed as a Hotel) VERMONT TAX DEPARTMENT: Meals&Rooms Certificate/Business Account# B r -- ..-voted primarily to: (Circle one) v Q(qa.'-Ol FOOD (rest.a rant) ENTERTAINMENT(cabaret) HOTEL CLUB COMMERCIAL CATERING 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. k4' 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, §1378 (b) I/We certify,under pains and penalties of perjury, that I/We are in good standing with respect to or 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 -,) vi in the County of ^'� "n°Io et- and State of — this l2- day of St'e-1'-e..4-64,--- ,20 tZ,_ Corporations/Clubs: Signature of Authorized Agent Indio' u s/ artners: (All partners must sign) `5 Val s ire VIOtAol‘-G) Vermont Department of Taxes 133 State Street • P.O.Box 547 • Montpelier,Vermont 05601-0547 MEALS AND ROOMS TAX LICENSE Be it known that PRIME RESTAU TS LLC is hereby licensed in accordance with the provisions of Chapter 225 of Title 32, V.S.A., to opet stablishment known as GUILD & COMPANY located at 1633 WIL} : N RD, SOUTH BURLINGTON, VT. PRIME RESTAURANTS LLC GUILD & COMPANY 139 BANK ST ' FL 2 BURLINGTON, VT 05401 ‹4 Eax,mtissio rf I This license is issued effective September 25,2012 ti-V,nnont business tax count ritlftber 4 4 0-4 5 4 9 2 919 2 F-01 . It is not transferable,and must be surrendered if the business is sold or transferred to a new owner. Display this license in a prominent place at the business location. • '"T il t_g�r-. �j I a 4 + C�)r n P iL)/61:..9 y VERMONT DEPARTMENT OF HEALTH -FOOD SER\'ICE ES ABLISHMENT INSPECTION REPORT ID# //5 67/4-! Time In /0• l• Time Out Date I--# i ' Travel Time Routine Follow-up New/Change of Owner( Preliminary Complaint her_.Dem.of Knowledge:Yes No Establishment Name 6 c.i r / -4- (`) , L)A/Z/7 License Type OL! 1 Licensee Name rI r .^ --)7 ...._iii--0 .K,-ie, . , C_ Cl fi r Street Address f(p -s 3 ( e1, I= c;�n ev) To,�n . .. .,r,., . 1'..._ t I ._.) -- Water Supply iv')t t.e5 it G Sewage Disposal /-+� , ' 4 r- " Dining Capacity: Indoor Outdoor Total 2.6)0 License Posted: Yes No • Debit Debit Debit ' Item Points Description Item Pointe Description hem Points Description Single-Service Articles: Receptacles:Covered Properly Located Sufficient 5-204 Source of Food 18 1 33 2 Capacity_Proper Storage/Removal_InsecURodent- Stored_Dispensed_Handled— Proof Clean_ •1 5 Acceptable Source—Sound Condition_ 19 2 Single-Service Items May Not Be Re-Used 34 1 Outside Storage Area Enclosures:Properly Constructed—Maintained Clean_ 5-205 Food Protection 5.208 Food Equipment a Utensils•Cleanliness 5.214Insect&Rodent Control 2 1 Original Container_Properly Labeled_Consumer 20 1 1 Proper Dry Cleaning Methods Used_ Preclesning: •35 4 Scraped_Presoaked_ No Insects/RodentsNermin_Outer Openings Advisory Posted_ Preflushed_ Protected_Animals,Birds,Reptiles Prohibited_ Potentially Hazardous Food:Date Marked_Meets - - _ '3 5 Time Requirement_Meets Temperature 21 2 Wash 8 Rinse Water:Clean_Proper Temperature 5-215 Floors,Walls I fillings Requirements During: Storage_Preparation_ Maintained—Proper Cleaning Agent Used_ Display—Service_Transportation—Cooling— Preventing Cross Contamination:Hands_Reused — Sanitization Rinse:Clean_ Floors:Pr ProperTemperatureeri Tableware Suitable Utensils—Separation_ op y Constructed—Good Repair— '4 4 — •22 4 Maintained_Proper Concentration_Test!fit Used_ 36 1 Clean_ Segregation UnapprovedAdditives_Contact Pressure 15-25 psi_Adequate Exposure Time— Proper:Covering_Cleaning Method Used Surfaces_Ice—Washed Fruit 8 Vegetables_ — — Product Temperature Maintained:Adequate Wiping Cloths:Clean_Use Restricted Used on Walls,Ceilings6 Attached Equipment:Facilities_ — Properly 5 1 Temperature Measuring Devices:Properly Located 23 1 Tableware_Properly:Stored_Separated_ 37 1 Constructed—Good Repair—Clean— Provided_Accurate_Clean_ Calibrated_ Laundered—Sponges Prohibited_ Proper:Surfaces Cleaning Method Used_ Cleaning Food Contact Surfaces of Equipment 8 6 2 Potentially Hazardous Food-Properly Thawed 24 2 Utensils:Proper Frequency_Proper Method Used_ 5-216 Lighting Tableware Cleaned_Equipment Cleaned— Dispensers—Cooking Utensils_Other_ Unwrapped,Potentially Hazardous Food: Cleaning Non-Food Contact Surfaces of Equipment 8 Adequate Lighting:Intensity—Fixtures Shielded_ '7 4 y—Re-Served Returned Transferred_ 25 1 Utensils:Proper Frequency_Proper Method Used_ 38 1 Fixtures Shatter-Resistant Free of Contaminants_ — 8 2 Food Protected During:Storage_Preparation_ 26 1 Cleaned Equipment 8 Utensils Properly: 5•217 VentilationDisplay_Service—Transportation— Stored_Handled_ — Handling of Food 8 Ice Minimized_Gloves Used Rooms 6 Equipment:Vented as Required_ 9 2 Properly Convenient8 Suitable Utensils Used_ 5.209 Water System 39 1 Adequate_Clean Constructed_ Designed_ 10 1 In-Use Food 8 Ice Dispensing Utensils/Equipment: Source Safe_Approved System—Proper '27 5 5•216 Dressing Rooms Properly Stored—Clean_Use Limited_ Construction_Sufficient Capacity/Pressure 1 - Rooms:Designated_Clean_Lockers Provided_5-201 Personnel 5.210 Sewage Disposal 40 ~ Facilities:Clean ConvenientlyLocated_ -11 5 Personnel with Infections.Restricted/Excluded •28 4 Sewage 6 Waste Disposal Approved/Satisfactory 5-219 Miscellaneous Inspection Items Hands Properly Washed 8 Clean_Acceptable — •12 5 Hygienic Practices Employed_No Eating,Drinking or 5-211 Plumbing . '41 5 Necessary Toxic Items:Properly Stored_ Using Tobacco_Jewelry Prohibition_Nails— Separated_Labeled_Used_ '42 �1�remises Maintained_Free of Litter 6 Unnecessary Clean:Outer Clothing_Uniform—Apron_ �t 13 t Hair Restraints Used 29 1 Properly Constructed_Installed_Maintained_ 42 ems—Cleaning 8 Maintenance Equipment Property \_ Stored_ 5-207 Food Equipment 8 Utensils No:Cross-Connection—Back Siphonage_ �• Food Operation Separate From:Living/Sleep 30 5 Backfiow Prevention Devices Provided_ 43 1 Quarters_Laundry_Unrelated Activities_ Food 8 Ice Contact Surfaces:Design_Durability_ — 14 2 Cleanability_Construction_Maintenance 5-212 Toilet 8 Handwashing Facil tes 44 1 Cleaned 8 Soiled Linens: Installation_Location—Use Limited— Properly Stored_ Proper Cleaning Frequency— Non-Food Contact Surfaces:Design—Construction_ Adequate Number Conveniently Located � 15 1 Maintenance_Installation_Location_ •31 4 Accessible_Service Sink Provided_Property: Total Debit Points • fr' Cleanability— Operated/Maintained_Designed_Installed v,—,d Dishwashing Facilities:Design_Construction Ir �� p°---collet Rooms:Enclosed_Adequate Water /2 7ernperature_Self-Closing Doors_Popery P,,,- 16 2 Maintenance_Installation_Location—Operation_ ) r•� Use Limited— ` J �.,, intained—Cleaning Materials Provided_Sign Rating Score ti•�i Posted_Proper Waste Receptacles_ J' Provided:Accurate Temperature Measuring 17,,..-'-•...1 5-213 Garbage 8 Refuse Dbposal, p(r Devj _Chemical Test Kits_Pressure Gauges_ rr'' ,� �{ ,} — • • I,) 0 lacvit_ !? A / ,, 4 �_ is 'S4./ p i ,,i"5> e,?�•^,.. /'/. -6,, ), c , . a„.„_,/,......„...„...„ 35i Sanitarian , Y .i "', r ►raped By voluntarily Closed (1eopened Person Interviewed -.5e , ' Vslt,,l ` Title 1t )Al tut - Signature 'All critical dams revues immediate attention,Circled dint pokes indicate natamplinco. • Please complete and include with your liquor license application Please complete and include Please fill in for Individual, Partners, or Directors with your liquor license Applicant/s Personal Information application Legal \ p Name: �j� 4AA Address: l ����a41 t.'ti�J Date of Birth l3� 1 7 4 Place of Birth 1, tt 4 Sex , SS# Legal Name: �°�' �� M-t Address: ,Ot (5 & - s ciF oS` o Date of Birth ij l f l /6 y Place of Birth L.45 yeclet, e414- Sex (lit SS# L`{'1 z c Legal Name: Address: Date of Birth Place of Birth Sex SS# Legal Name: Address: Date of Birth Place of Birth Sex SS# Legal Name: Address: Date of Birth Place of Birth Sex SS# Legal Name: Address: Date of Birth Place of Birth Sex SS# ,W € �. -�- asira *"s. -nib FA aya3 ----^�3�.. �, ,- �, 7 - IL i I Ij ! STATE OF VERM:ONT ¢� OFFICE OF SECRETARY OF STATE F; The Office of Secretary of State hereby grants a 3 i .S is 1 Certificate of Organization I { n i to ` 1 PRIME RESTAURANTS,LLC 1I • a Vermont domestic limited liability company effective on June 27,2011 - June 30,2011 r, j Given under my hand and:the seal of the Mate of Vermoiat,at Montpelier, the State-Capital i dtt,...4.4 %.,.- . . jJames C.Condos ' Y Secrets of S"tote 1 ry 1 74_ 111. ARTICLES OF ORGANIZATION cr. • iN) OF 6 —' PRIME RESTAURANTS,LLC Pursuant to Chapter 21 of Title 11 of the'Vermont Statutes Annotated(hereinafter the "Act"), these Articles of Organization are filed on behalf of"'time Restaurants,LLC(the "Company"), The undersigned,being a person authorized to file these Articles of Organization pursuant to section 3025(a)(3)of the Act,hereby states as follows: 1. Name of Limited Liability Company. The name of the limited liability company formed hereby is.Prime Restaurants,LLC. 2. State of Organization. The Company is organized under the laws of the state of Vermont. 3. Business Purpose. The business purpose of the Company is ownership and management of a restaurant and all lawful purposes. 4, Principal Office. The initial principal office of the Company in the State of Vermont shall be located at 160 Bank Street, 13urlington,Vermont 05401. 5. Office and Agent for Serviceof Process. The address of the initial agent for service of process is 160 Bank Street,Burlington,Vermont, 05401 and the agent for service of process at such address is Jed Davis. (1307253111 13764-0001) 6. Fiscal Year. The fiscal year of the Company ends the month of December. 7.. Names and Address of Organizers. The name.and,address of each organizer:of the Company is as follows: David R. Gurtman,Esq. Dinse, Knapp&;McAndrew,P'.C; 209 Battery Street Burlington,VT 05401 8. Term of Company. The Company is not a term limited liability company but is rather an"at-will company"within the meaning of section 3001(2) of the Act. 9. Management of Company, The Company shall be manager-managed, and the 1.4 (1) name and° address of each initial manager is as follows-. = (-7 C]rr7 Robert Downey N: 3:xa 70 160 Bank Street "I Burlington,VT 05401 x�• —" .... :t" J Paul Sayler 160 Bank Street .40 Burlington, VT 05401 Jed Davis 160 Bank Street Burlington,VT 05401 10. No Liability of Members.for Debts of Company. The members of the Company shall not be liable for the Company's debts and obligations under subsection(b)of section 3043 of the Act. 11. Not.an L3C Company, The Company is not,an L3C company, (B0725313.1 1376-4-0001) 2 IN WITNESS WHEREOF,the undersigned has executed these.Articles of Organization on behalf of Prime Restaurants, LLC on this 24th day of Jun;tun ,2011. vid R. Gurtm Esq,Organizer r../4 = n rss) • 3=" MiP -4 3IC •• VI 03 • {B0725313 1 13764-0001) 3 (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. 1-120‘ ,Vermont, 211 Z., Town/City ate APPROVED DISAPPROVED Approved/Disapproved by Board of Control Commissioners o dalp.r Town(circle one)of Total Membership 6 members present Attest; " " y C.00,1} 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 (TTB) (513)684-2979 DEPARTMENT OF THE TREASURY 550 MAIN STREET,CINCINNATI,OH 45202 Laura From: Trevor Whipple [twhipple@sbpdvt.org] Sent: Tuesday, September 25, 2012 4:07 PM To: Laura Subject: RE: Prime restaurant liquor license Approved. Trevor S.Whipple Chief of Police City of South Burlington 19 Gregory Drive South Burlington,VT 05403 (802)846-4155 irhpple aasbpdvt.org From: Laura [mailto:Ikimballc sburl.com] Sent: Tuesday, September 25, 2012 11:27 AM To: Trevor Whipple Subject: Prime restaurant liquor license Hi Trevor- This business is going on for Oct 1. It is where The Ground Round was. Thanks- Laura oat DE Er Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 lkimball@sburl.com 1 MEMORANDUM TO: South Burlington City Council & City Manager FROM: Kimberly L. Murray, Development Coordinator SUBJECT: Continued Public Hearing- Interim Zoning Application #IZ-12-07 (1075 Hinesburg Road) DATE: October 1, 2012 City Council meeting Tonight's continued public hearing from July 16th and August 20th is a proposed planned unit development consisting of 14 cottage style homes, 16 four-plex style homes, 22 single family homes, with 20,000 sq. ft. of commercial space in four buildings. The commercial space is located in the SEQ-VC district on 2.86 acres and the remaining development is on 15.15 acres in the SEQ-NR district for a total of 18.01 acres. The Village Commercial District is exempt from Interim Zoning but may be discussed in the context of the subdivision of land as it relates to the purpose statement regarding open space and sustainable agriculture. The uses proposed on the site contained in the Village Commercial District are not part of the Council's review. The applicant has provided additional narrative dated 9/24/12 based on the discussion at the previous hearing of how they believe they meet the Interim Zoning review criteria in accordance with the guidance prepared by the City Attorney. It is included with this memo. Also included is the existing and proposed site plan for your reference. Greg Rabideau of Rabideau Architects representing the applicant, Rye Associates, LLC, c/o Dousevicz Construction is expected to be in attendance at the public hearing on Monday. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4131 fax 802.846.4101 www.sburl.com Rabideau Architects 550 Hinesburg Road, Suite 101 South Burlington, Vermont 05403 • September 24, 2012 Ms. Kimberly L. Murray Office of the City Manager, Development Coordinator City of South Burlington 575 Dorset Street South Burlington, Vermont Interim Zoning Application IZ-12-07, Rye Associates Supplemental Information Dear Ms Murray At our last hearing, we agreed to provide the board additional testimony regarding housing affordability, and the relationship between transferred development rights and the preservation of agricultural resources. Please consider these expanded comments in your deliberations Affordable housing: The stated goal is to provide housing opportunities to families making 80%of median income. The applicant proposes to stipulate that 6 units or 10 percent of the total number of units approved be sold at a sales price affordable to families making 80%of Chittenden County median income. Currently that is a sales price of$238,000. In addition,the applicant will reserve 4 units that qualify for VHFA first time home buyers program. Transfer of Development Rights: The applicant has advanced the argument that the use of transferred development rights is a reasonable means of preserving the agricultural viability of the south east quadrant. It must be added that in order for this to be so,then the lands preserved through this mechanism must be suitable for farming.To address this,the applicant will stipulate that lands preserved by transfer of development rights will have soils that meet the State of Vermont definition of Prime Agricultural Soils, and have an equal or better quality rating. Formed Based Zoning: At least one board member expressed reservations about the expression of formed based zoning in the current site plan.The applicant has offered a mix of uses, and mixture of density and of housing types, has integrated required open space and recreational amenities, and has worked on collaborative efforts with our neighbors. 770, Phone 802-863-0222 E-mail gregtrabiceau- architects.com But I will agree that the ingredients aren't fully cooked yet. The applicant will strive to provide a more lively,varied, and cohesive sense of place as we advance through the design review process. Conclusion: The City Council may authorize the issuance of permits for any type of development as a conditional use not otherwise permitted by the Interim Bylaw in accordance with 24 V.S.A.section 4464. I believe that this application demonstrates the possibility of conforming with the goals of the interim zoning process. Our proposed solutions may or may not be the ultimate pathway to compliance, but they are substantive and proportional. This applicant has worked to be constructive and willing to listen. I respectfully ask that you find that: 1. The proposed adoption of Form Based Code-style regulations applies directly to the Williston Road/Dorset Street/City Center area and only possibly other areas of the City.The subject property is not in the core area. However,the applicant has proposed a mixture of uses, building types,sizes, and densities.The proposed design incorporates open space, provides for pedestrian and bike routes in several directions, and makes secondary interconnections with adjoining parcels. The applicant will work with the development review board to improve the integration of the elements and effect a more unified plan. 2. The project supports sustainable agriculture through the conservation of open agricultural lands through the purchase of transfer of development rights and by providing material support to an innovative agricultural program. 3. The project supports conservation of open space within its boundaries by providing in excess of 1.7 acres of reserved open space to be used for active play and community gardening.the site also established a protected wetland area adjacent to the park with large set back requirements. Lastly,the use of transfer of development rights noted above has a secondary benefit of preserving open space. 4. The project will support of promotion of housing for people of all incomes and stages of life by offering a wide variety of housing types sizes and prices, including six units affordable to families making 80 percent of median income,and another four for qualified first time home buyers. 5. 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I '• I I ti---- 11 , I I O i I - ' MI i; .-_,._� I �r�A'°'�°"°° __µ.--/ .,' r-- --- -_ ,i, Ir1t,'7 _ SPHMD(* S� j-T-•i-• RYE -- u■� - IIII - - ( ( - p � M ASSOCIATES / /�� �Lr_ II , I4 I c DEVELOPMENT -y for/le I � — 1-1r2 it, , ,- C.° ., __=. 1IrI / lI __ I 1 ' m Di 11076HINESBUROw.'. poi I La/niiire ' � , / -y n __ 1 / 4..woL IyBO Ii ! ' ' SOlNeU TON U ' • II ` i,; i ' y for i _ - ; et 3 1L -- -.1_, I�1 I H Of1 I _,.- -�„ , Lor/i�tw/Is jS.BNOTOH I Lor/n�I iiimeg -�• - ' � , Lar/n-1! I r t '4444 LOCATION MAP pr,_ 1 Lor/s9 , ii� fIRIMMI- _ R!t I_\C�Gii`Iv� yy __ I.-toll Th � ,f F' 1— = _,' T _. -T4-� _ ' \�,� to m� _- lit ii i Lk, , ' tor 1; „ ,,,.. 5 �� \ - �� - i or Ie �- ' I I UNTNN - _-- ° Dag '�I I J �,G` — I c\I�� ` I11 _�/IEw Lt.�.'.�_ - - _J -.If 1 , I I 1 LOT/e , ii 101) 1Lor/Iz , Lor,n I Lor/,o ,Lor/9 , , - n-y,, r C I-' LOT/A - 1 ..w.f.' r na .rrmr 1 ,— I I I ' �� _ -t--'1�= _ , 1 UTILITY — N/F ( N/F .% .— ta. u:T:i.>s:,_.T.�ti�- I I 1 SITE PLAN Q NIF Nlf I Nlf a t u ~1, U` 11 q l CUNAVEUS giAIBBSLYNDOJ LYMw , CERAETA I r "'"r1� *TM'r"-- l + �� y� I I 1 �/ /M:;J. R N/f , ; i Nlf 1 L./0/1 i BEASIMER I fRlGO I NlF I I, AO - - DI 1 �� atl CITY Of , a. I''' i (� yt_S' Dec..zo,i i A 11 S.BURUNOTON 11 ,41,70 SOLit t . MEMORANDUM TO: South Burlington City Council & City [tanager FROM: Kimberly L. Murray, Development Coordinator SUBJECT: Continued Public Hearing- Interim Zoning Application #IZ-12-08 (900 Dorset Street) DATE: October 1, 2012 City Council meeting Tonight's continued public hearing from July 16th and August 20th is an application for a planned unit development to construct a three (3) unit multi-family dwelling on a lot with an existing single family dwelling at 900 Dorset Street located in the Residential 2 Zoning District. The applicant did not provide additional material for the continued hearing in time for the packet preparation as requested by staff per Council's guidance after the August 20th hearing. Attached is the narrative and site plan the applicant submitted at the August 20th hearing for your information. Jeff Olesky of Civil Engineering Associates, Inc., representing the applicant, 900 Dorset Street LLC. is expected to be in attendance at the public hearing on Monday. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4131 fax 802.846.4101 www.sburl.com i 1 I �' CE/, 1 E GA c; A IEER/ MSSQC A ES® dNC , !1\, r 10 Mansfield View Lane Phone: 802-864-2323 •--r,, r i — South Burlington,VT 05403 Fax: 802.864-2271 ,f 1✓-Mail: mail@cea-vt.com \, 1 I August 20th,2012 Paul Conner Director of Planning and Zoning City of South Burlington 575 Dorset St. South Burlington, VT 05403 Re: Supplemental Material Interim Zoning Conditional Use Application 900 Dorset St. LLC 900 Dorset St. South Burlington, VT 05403 Dear Paul, This letter and attached revised site plan serve as supplemental supporting material in { conjunction with the previously submitted Interim Zoning Conditional Use application for the proposed planned residential development to be located at 900 Dorset St., in South Burlington, Vermont. The plan changes include the following: • Included an area of approximately 2,000 sf to be designated for a community garden to be located in the southwest corner of the property, viewable from Dorset St. and the South Burlington bike path. • Significantly reduced the size of the gravel parking area previously proposed to be located in the southeast corner of the property. Proposed vegetative screening has also been added to the west, south and east sides of this area, with final location, spacing and species to be coordinated with the City Arborist. • Included an extension of the existing hedgerow between Dorset Park and Dorset St. to extend to the existing vegetation in the northwest corner of the property. Again, the final location, spacing and species would be coordinated with the City Arborist. • Included a sidewalk extension to provide direct pedestrian access to the South Burlington hike path from the proposed development. • Included additional streetscape landscaping along the proposed relocated driveway. In addition to the proposed plan changes, we offer the following revised/supplemental testimony regarding the four main review criteria for the interim zoning process: • Form Based Code—In attempts to determine what type of form based code may ultimately become applicable to this property we investigated other previously implemented transition areas between urban city centers and rural/agricutltural areas, as I + we feel this property represents such an area. We also contacted and met with City staff in an attempt to better understand what future requirements may become necessary as form based code is implemented City wide. The subject parcel falls in a zone that is neither urban nor rural, and represents a transition area typically associated with moderate to high density residential use. These areas often are associated with community living and readily accessible vehicular and pedestrian access to major arterial connecting roads such as Dorset St. Given that the proposed townhouse represents a maximum density proposal based on the current City of South Burlington zoning regulations, is consistent with the aesthetics and character of the surrounding properties as is common with form based code and adequately addresses the common goals of form based code for transitions zones of this nature,we feel the proposed development would be a great example of implemented form based code in this area. • Sustainable Agriculture—Since the last proposal a community garden, approximately 2,000 sf in size,has been added to the proposed site plan. The garden would be located in the southwest corner of the property with the intent for the garden to viewable from Dorset St. and the South Burlington bike path, as it would represent a nice complimentary aesthetic to the existing vegetation along this section of the bike path. The garden would initially be owned and maintained by the property owners association, although there has also been some preliminary conversations regarding its potential inclusion or connection, at least in some part, to the National Gardening Association property located nearby on Dorset St. • Conservation of Open Space—With the understanding the existing property is only approximately 2 acres in size, is abutted by the Dorset Park recreational property to the north, east and south and that the proposed development currently represents a maximum build out of the existing lot,the owners do not feel it is necessary to designate any specific amount of open space as part of this project. • Affordable Housing—In addition to the plan changes and this narrative, also attached is a copy of the current affordable housing pricing limits as established by the Vermont Housing Finance Agency, per their website. Based on these guidelines, the owner is willing to guarantee, at a minimum, that one of the proposed units will meet the requirements for affordable housing, representing an affordable housing designation of 25%of the proposed units. It is also highly likely that all four proposed living spaces will meet the definition of affordable housing depending on final market value and definition of affordable housing as ultimately designated by the City Council subcommittee for affordable housing. If you have any questions or concerns regarding this supplemental material or revised plans, please feel free to contact me. Sincerely, -1 r . . r JeffreCy OE sky, P.E. Cc: CEA File#12165 Gene Richards (via email) Jeff Olesky From: Gene Richards <generichards@generichards3.com> Sent: Thursday,August 09, 2012 12:39 PM To: jolesky©cea-vt.com , `I\F A web5.,-,4 e Subject: Re: 900 Dorset St. LG�` P.,1�v, Foie ( ) Purchase pri ce limits The property's purchase price cannot exceed these limits : Area 1-unit property Addison County $247,000 Bennington County $252,500 Burlington Targeted Area — Census Tract 4* $287,000 Caledonia County $287,000 Chittenden County $287,000 4— Essex County $287,000 Franklin County $287,000 Grand Isle County $287,000 Lamoille County $287,000 Orange County $287,000 Orleans County $287,000 Rutland County $287,000 Washington County $287,000 Windham County $287,000 Windsor County $256,300 On Aug 8, 2012, at 10:33 AM, Jeff Olesky wrote: 1' ,' i, • Hey Gene, �1,c Steve and I are in the process of setting up a meeting with Kimberley Murray(the City Council staff representative) in an effort to get a better handle on this. If you've dug up any information on affordable housing costs, please let me know. I've requested a meeting for Friday. Jeffrey Olesky, P.E. Civil Engineering Associates, Inc. 1 S1 [ o� Q W o� J N K 1 : U F; % !, �-�.� O tjj J Pb: il go Q.. w > $5 a ry i y Cr Le ° Z � a3a `o N o a0 � <� �r Ili .i lJ \ ---- - i r )-1' �. \ . I Ili , :.,..7„.: __ ., tialifii:04 i 1 9 a VI x\ 11, _ ` ; ` i ce_ -'" n — ---� j 9 ;17-- -_ -f --- / it ' : iiap I Yi yQ. ;r K .msK t - d 1dY y8 - l6 a e " l' w r. v • % i F.rM - od - tl g a c ,s U " O-' g - gxgs gEeS C � K ad € a-a yg ' 3 03 _ p a a o � Ya�Eo f € ,�aw I w 1 III Lc,, ev� wo os2 _ a _ .72 I �t= 1 ill . ' I I o g 3a €o o s Alt 0434441 southburlington V ERMGt U N T MEMORANDUM TO: South Burlington City Council & City Manager FROM: Kimberly L. Murray, Development Coordinator SUBJECT: Continued Public Hearing- Interim Zoning Application #IZ-12-10 (1721 Dorset Street)- Request for CONTINUANCE DATE: August 20, 2012 City Council meeting The applicant has requested that the City Council continue this hearing to the next available City Council meeting date in order for the applicant to be present to submit testimony. Staff recommends a continuance to the planned September 4th meeting, or another date following this. The applicant has however submitted additional narrative to address further how they believe they meet the Interim Zoning review criteria in accordance with the guidance prepared by the City Attorney. It is included with this memo. Representatives for the applicant will not be in attendance at the public hearing on Monday. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4131 fax 802.846.4101 www.sburl.com LJ5TC11AK• (.iA'11.;ENFiRoN tt-.A I',U..I:NGINi Hts \ugust 7, 2012 City of South Burlington Planning and toiling Office :1 ttn: Kimberly Murray, Development Coordinator 575 Dorset Street So. Burlington, VI 0507 Re: Pennucci Subdivision (I7-12-10) Dear Kimberly: In conjunction with the planned adoption of a Form Based Code and the goals projected to be incorporated into the City Comprehensive Plan, the following additional information is provided for the proposed subdivision. PROJECT SCOPE The Pennucci 9.73 acre parcel will be subdivided into two(2) lots with Lot 1 being 1.7 acres including a 200+ year old house, two barns,an existing driveway access to Dorset Street;and, l_.ot 2 having 8.0 acres that is not planned for immediate development.The subdivision will allow the sale of I.ot 1 and retention of Lot 2 by owners for later undetermined use. PROPOSED COMPREHENSIVE PLAN GOALS A. Sustainable Agriculture Sustainable Agriculture Goals.Use prime agricultural soils for growing;food;attract small-scale Limning and family farms;increase community gardens,community supported agriculture,and farmers markets;increase the amount of till produced foul sold and served in local grocery stores,restaurants,and sc114.,.)1 cafeterias;I tcorpt rate agriculture into existing.u11 future development patterns 1.ot I --"I'he parcel is developed with a single family dwelling, barns, infrastructure as well as several [lower and vegetable gardens (see attached photos). Additional gardens are possible given the location and spacing of the buildings and the size of the lot; therefore,sustainable agriculture exists and can be expanded depending on the wishes of a prospective lot owner. Additionally, the large barn is quite adequate for boarding a horse(s), beef,and smaller animals such as sheep,goats,etc. Lot 2--The proposed lot is relatively flat,open and currently used for a hay crop,and this use will continue for the foreseeable future.The topography(3-5%slope)and soils(Vergennes)are commonly used for agricultural uses and sustainable with continued proper management practices in use on this property. I'o.Box R367 L.`!..S,vuimom-!1515t-%i67 22 IANCLIeU(1)1)tIUVC ('I /1,5S 1;i1z.R7s-5171 �nhn4i'1h.�u.�,cae.�.nna earn B. Open Space Open Space Goals.Any area which is not divided inky private or public building lots,streets,rights-of-way,cart neon,or parking for purposes other than open space conservation.Such area shall he essentially unimproved and set aside, dedicated,designated,or reserved for public or private use or enjoyment. l.,ot 1 --- the lot is fully developed and is for the exclusive use of its owners. '1'hc layout of the buildings and other improvements provide ample open space within the lot and the `sense of place'engendered by the anticipated zoning changes. l.ot 2— No development is planned and the entire lot acreage is open as the result of the continuing agricultural use. C. Affordable Housing Affordable FIousing Coals.To idrntilc the t_,pcs of hoes,i,:ids haying the greatest difficulty securing.dli;rdihle rental and owner- occupied housing in South Burlington and the housing types appropriate for the-se households'housing nerd.,to iJenufy land that has positive features(access u,services,public transit.etc.)for drelopnttnt of at fordable tactile and propose adoption of zoning consistent toil,its use for affordable•housing;to examine tan nvn and explore new regulatory mechanisms tliat promote or require the development of affordable limning,tooth rental and owner-occupied,and,b ised on this research,propose adoption of ordinance,land development regulations.or other municipal structures supportive od t!-i:,rdabie housing crmsistent whit the VISION;to identify ptilie Grading mechanisms targeted to atlitdable housing that the City might establish;to identify potential private.,nonprofit,and other public entities walling to parts:r with the(ity toward the retention and development of affordable housing;to assess the•need her a City task f,rct•(or other entity)and staff sitpp,,n that would be directed to then tendon and development of affordable housing,and,to enhance the CM of South Rurhngt itt s identity as a regional leader in the retention and development of ill Gxdable rental and owner-:occupied housing. Lot 1 --The house and related improvements do not qualify for affordable housing because die projected sale price substantially exceeds the affordable housinh standard. Lot 2—No housing units arc planned for Lot 2; therefore, the affordable housing criterion does not apply to the application. D. Form Based Code Forst Based Code Goals.'llie system of farm based codes shall:create conditions that support quality,contcvt-sensitiec,environmentally conscious land development and conservation throughout the community, encourage land development that implements the Vision and (finals of the Comprehensive Plan; establish a predictable,efficient regulatory environment for development within South Burlington;and reinforce the affordable housing and sustainable agriculture goals for the community. Lots 1 and 2 have incorporated, to the extent possible, the goals envisioned for the update of the Comprehensive flan. Future development of Lot 2 will be subject to all provisions of the South Burlington Land Development Regulations. With respect to the goals under gdiscussion for incorporation into p the Comprehensive Platt, Lot 2 is amenable to the inclusion of sustained agricultural opportunities u as the result of favorable c av yrable soils and topography, preservation of open space and to a limited extent providin g t nI, for affordable housing. However, on the last point, given the. . property location, any project based solely on affordable housing would not be viable if dependent on public transportation or easy walking distance to commercial activities or municipal recreational services. Feel free to c• act Inc if you have any questions or comments. 0,7 oho . , CI.art, P.E. J l-IS/ov 10 Kathleen and John Pennucci IZ-12-10 1721 Dorset Street Photos Photo I --- Vegetable garden on Lot 1 t , 3 ► st .),\ 'i- �' t i'1 ! i ti '�'k S ti 40e;t e .` aft 1 Photo 2--- Recent cutting of hay on Lot 2 r -! r 4' 4;:::.f.1 .,..-4,'-; '.44-'..,- 1, *,a ' ' ;:11 l'^' *,;' ;' 4., .' :'t ra9t 4, £ ii 11+1:... SC -1 k`s ms a 4= " JJ _ a ' i.4�r 1 ,, a �a : t ' ,a r '1 g `fit s �. a .07 II 414 11 1 11 MEMORANDUM C: South Burlington City Council & City Manager ROM: Kimberly L. Murray, Development Coordinator SUBJECT: Interim Zoning Affordable Housing Study— Consultant Selection Recommendation DATE: October 1, 2012 City Council meeting The Affordable Housing Committee as authorized by the City Council, issued a Request for Proposals(RFP) in August to seek consultant services to provide policy recommendations, proposed land development regulations, other possible regulatory mechanisms, and a public outreach plan that will enable the City of South Burlington to create the conditions to increase the availability of safe and affordable rental and owner-occupied housing especially for households whose incomes, based on family size, are below 80 percent of the median for Chittenden County and, in doing so, give the highest priority to promoting availability of affordable housing for household types for which such housing is in shortest supply. The Affordable Housing Committee selected a sub-committee consisting of three Committee members and two City staff to review the three proposals we received and evaluated them on the criteria outlined in the RFP. The three consulting firms were: 1. PlaceSense and Front Porch Community Planning, bid price $22,900; 2. Vanasse Hangen Brustlin, Inc. (VHB) and Birchline Planning, bid price $54,000; and 3. Community Opportunities Group,bid price $59,925. Recommendation: The sub-committee on behalf of the Affordable Housing Committee as well as City Staff recommends the City Council authorizes the City Manager to enter into a contract with PlaceSense and Front Porch Community Planning to perform the work as outlined in the attached scope of work and budget of$22,900. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4131 fax 802.846.4101 www.sburl.com !i �l LACE E SE Brandy Saxton,AICP g 4283 Main Street • Port Henry,NY 12974 >k • p.877.750.2823(toll free) 7 Sep 2012 p.518.546.7470(local) Kimberly L.Murray • brandy@placesense.com Development Coordinator if www.placesense.com City of South Burlington 575 Dorset Street `-• South Burlington,Vermont 05403 E El I am pleased to submit this proposal on behalf of the consultant team of PlaceSense j and Front Porch Community Planning and Design in response to your Request for ij Proposals to provide policy recommendations,proposed land use recommendations, il other possible regulatory mechanisms,and a public outreach plan that will enable the City of South Burlington to facilitate provisions of safe and affordable rental and owner-occupied housing for moderate-and low-income households. Our team has a unique combination of professional planning and facilitation 4 skills,familiarity with recent development trends and current planning efforts in 1 South Burlington,and local knowledge of housing issues in South Burlington and the larger Chittenden County area needed to provide the city with realistic and achievable recommendations to address your affordable housing challenges. I have I been involved in several phases of work on South Burlington's Comprehensive Plan during the past five years,and have also have recently worked on form-based code I projects in several municipalities.Sharon Murray is recognized in Vermont as an expert in planning for affordable housing.She is the author of the housing chapters of the state's Land Use Planning Implementation Manual,and has just completed an updated housing study for the Town of Colchester. The enclosed proposal begins with a detailed scope of services that describes how Sharon Murray and I would undertake this study,and proposes schedule and budget ` ' for completing the work by next February.The scope of services is followed by a statement of our qualifications,work samples and references. Thank you for the opportunity to share our work and for your consideration of how i 4 our team would undertake this project.Sharon and I look forward to meeting with you and the Affordable Housing Committee to further discuss how we can assist South Burlington with this project. `'' r Thank You, (---..6zAvti.) 11 E Brandy Saxton,AICP i k P South Burlington Affordable Housing Study (7 Sep 2012) REVISED SCOPE OF SERVICES 1 Revised Scope of Services The consultants will meet with city staff to review the scope of services and objectives of this project,discuss the planning efforts that have led to this project,and refine the project scope and schedule as necessary.The city will provide the consultants with copies of all relevant prior planning work,existing mapping,property data and similar materials. The consultants will review the Affordable Housing Data and Policies Assessment Report currently being completed by VHFA.We will identify the key findings to be further investigated and developed in the Affordable Housing Study.We will also determine whether there are any gaps in the assessment that would require further data collection and analysis. Our review will be summarized in the Existing Conditions Memo to be shared with city staff,the Affordable Housing Committee and incorporated into the final report. After reviewing the list of components to be included in the VHFA Affordable Housing Data and Policies Assessment Report provided by the city,the consultants anticipate a need for some supplemental data collection and analysis.It appears that the VHFA report will not include any data derived from South Burlington's grand list,which would provide valuable insight at the neighborhood level into the rate,location and type of new housing that been built in the city in recent years,as well as trends in housing values. It also appears that the VHFA report will use the Census Bureau's American Community Survey as a primary data source,which may be less accurate than the data previously available from the long-form decennial census. It may be beneficial to look at other data sources,such as the Allen and Brooks reports,to further document housing trends in the city and to corroborate findings based on American Community Survey data. The consultants will work with city staff and the Affordable Housing Committee to determine whether and to what extent this task will be necessary after VHFA delivers their report.A summary of any analysis of supplemental data will be included in the Existing Conditions Memo to be shared with city staff,the Affordable Housing Committee and incorporated into the final report. Building upon the VHFA report,the consultants will develop a list of regional and state resources available to assist the city with implementing its affordable housing goals.The list will summarize pertinent information about each resource such as the type of resource,what assistance or information is available and who to contact for more information.The list will be ,)i{) S ite E ,3 'IL.; �.::{ F 2E 0 ) 2 REVISED SCOPE OF SERVICES included in the Existing Conditions Memo to be shared with city staff,the Affordable Housing Committee and incorporated into the final report. The consultants will review the draft city plan and zoning to assess their impact on affordable housing.This will include a summary of current, permitted and planned housing density and housing types by neighborhood,which will be useful background for discussion with residents at neighborhood meetings. Our findings will be presented in the Existing Conditions Memo to be distributed to city staff,the Affordable Housing Committee and incorporated into the final report. The consultants will work with city staff and the Affordable Housing Committee to organize and facilitate three focus group meetings:one with non-profit/public housing providers and advocates; one with private developers,landlords and realtors;and one with representatives from city departments and the school system.The consultants envision that there will be discussion of topics such as the barriers to affordable housing in South Burlington, the type(s) of affordable housing that are most needed in the city,locations in the city best suited for additional affordable housing development,effects of affordable housing on city services,and the effects of municipal actions and policies on affordable housing. The consultants envision holding three 90-minute meetings in the course of a single day,to be held in a comfortable setting that invites small group discussion. Each focus group meeting will include up to twelve participants,selected with input from staff,for their knowledge of the local housing market,local real estate,affordable housing needs,and city services,policies and practices. Consultants will prepare an agenda and a one-page briefing memo that highlights key findings from the VHFA and Existing Conditions reports,to be distributed to invited participants in advance of these meetings. The consultants will also,with input from staff and the committee,prepare no more than five targeted questions intended to frame each group discussion. These questions will be designed to invite open discussion,and to solicit additional insight regarding opportunities for and barriers to affordable housing development in the city. Responses will be recorded in meeting notes without attribution to particular group members,to promote honest,open discussion. The agenda for each meeting will include introductions,a brief description of the purpose of the session and some ground rules for participation,facilitated and timed discussion under each of the agenda questions,and a meeting wrap-up to ensure that key points have been adequately identified and addressed. The consultants will facilitate the focus groups and will provide meeting notes,highlighting identified themes,as part of the Public Outreach memo to be shared with city staff,the REVISED SCOPE OF SERVICES 3 Affordable Housing Committee and incorporated into the final report.The input received at these meetings will help guide the development of recommendations. The consultants envision meeting with the Affordable Housing Committee four times as work progresses, and making a final presentation to the committee when the study is complete.The first meeting in October would be largely devoted to organizing the focus groups and neighborhood meetings. In November,the consultants would meet with the committee to discuss the input received at those meetings.The meetings in December and January would provide committee members and the consultants with an opportunity to talk about the recommendations being developed and plan for the citywide public meeting.The consultants would present the final report to the committee in February. The consultants will work with city staff and the Affordable Housing Committee to organize a Housing Summit that would kick-off a series of neighborhood meetings. Housing experts and the Affordable Housing Committee will be invited to serve as the panel to introduce this project to the community and to offer their insight into the housing issues faced by South Burlington.The consultants will present the key findings of the VHFA report and the results of the three focus groups,and will then facilitate an open discussion. In the case of a large number of attendees,we will break out into smaller groups for the open discussion.The purpose of the discussion will be to identify residents'concerns and topics for further exploration during the neighborhood meetings. The consultants will seek the guidance of city staff and the Affordable Housing Committee in order to delineate the neighborhoods and determine where meetings should be held.The consultants will provide the city with press releases to be distributed to local media. In advance of the Housing Summit and neighborhood meetings,we will provide city staff with"news blasts"to be posted on the city website, FaceBook page,and Front Porch Forum to raise awareness of housing issues in the city and the upcoming opportunities to participate. We are recommending that the summit and neighborhood meetings be held over a two-to three-week period in November that would end prior to Thanksgiving and the start of the holiday season.With a project start date in early October,there is a narrow window of dates that would be most suitable for holding these meetings as several weeks will be needed to organize and advertise them.Facilitated evening meetings lasting no more than two hours each are anticipated,preferably to be held at a location within or convenient to the neighborhood. The consultants would work with city staff and the Affordable Housing Committee to develop a consistent format and agenda for the meetings.The agenda,to be developed in consultation with staff and the committee,will include introductions by staff or a member of the committee,a brief presentation by the consultants of the 4 REVISED SCOPE OF SERVICES project and findings to date,a facilitated and timed discussion of three or four key topics or questions to be addressed by the group,an opportunity for open comment and discussion,and a meeting wrap-up,including next steps.The consultants envision that these meetings would provide a forum for residents to discuss issues such as the affordability of housing in their neighborhood,options for increasing the supply of affordable housing in the city while protecting neighborhood character and quality of life,and specific sites within a neighborhood that may be considered for affordable housing in the future. The amended budget being submitted with this revised scope of work provides for the consultants to facilitate four neighborhood meetings.The consultants suggest that if several members of the Affordable Housing Committee would be willing to take a more active role,additional neighborhood meetings could be held concurrently with the two consultants each teaming up with one or more committee members to facilitate up to eight neighborhood meetings. The input received at these meetings will help guide the development of recommendations.The notes from these meetings will be included in the Public Outreach memo to be shared with city staff,the Affordable Housing Committee and incorporated into the final report. The consultants will work with city staff and the Affordable Housing Committee to organize and facilitate a citywide meeting to seek input on the recommendations for affordable housing under consideration. The consultants will work with city staff and the Affordable Housing Committee to schedule and advertise the meeting.The consultants will prepare a short presentation to be followed by an open discussion of the issues with those in attendance.The consultants will provide meeting notes as part of the Public Outreach memo to be shared with city staff,the Affordable Housing Committee and incorporated into the final report.The feedback received at this meeting will help the consultants refine the recommendations. The consultants will provide city staff and the Affordable Housing Committee with draft press releases,meeting notices,meeting summaries,and project updates suitable for distribution to the media and posting on the city website,Facebook page and Front Porch Forum. The consultants will work with city staff to conduct a series of short online surveys to be accessed via the city website.These would be used as a follow-up tool to the focus groups,neighborhood meetings and citywide meeting. Meeting participants would be encouraged to ask their friends, neighbors or colleagues who were not able to or invited to participate in person to complete an online survey that would focus on the issues discussed at the meetings.The surveys could also be advertised through the city's Facebook page and Front Porch forum to elicit input from a broader cross-section of city residents and other stakeholders. REVISED SCOPE OF SERVICES 5 The input received from the surveys will help guide the development of recommendations,and the responses will be included in the Public Outreach memo to be shared with city staff,the Affordable Housing Committee and incorporated into the final report. The consultants will develop a series of recommended regulatory provisions to be incorporated into the city's Comprehensive Plan,land use regulations and/or other local ordinances to further the city's goal of increasing the availability of housing that is affordable to low-and moderate-income households.This will include consideration of how the form- based code currently under development in South Burlington can support and encourage affordable housing,and whether additional tools,such as inclusionary zoning or more generous accessory dwelling unit provisions,may need to be incorporated into the city's land use regulations.The consultants will also examine whether additional regulatory tools,such as a municipal building code,should be considered.The consultants will draft specific regulatory language and/or provide models from other communities as appropriate in consultation with city staff and the Affordable Housing Committee. The consultants will describe options available to the city and the development community(both public/non-profit and private) to finance the creation,rehabilitation and retention of quality affordable housing units.The consultants will explore financing mechanisms that have been successfully used by municipalities in Vermont and elsewhere to increase the supply and quality of their affordable housing stock. The consultants will outline options for South Burlington's city government to be more actively engaged in efforts to increase the city's supply of affordable housing and ensure that city residents are living in safe and healthy conditions.This will include consideration of the need for a standing committee or taskforce charged with implementation of the city's affordable housing goals,as well as the need for additional staff support or a greater focus from current staff on housing issues.The consultants will research mechanisms used by communities in Vermont and elsewhere around the country to address the types of affordable housing challenges facing South Burlington.Some of these approaches may be directly related to housing supply such as rental unit registration and inspection programs,or use of municipal property for housing. Others may focus on factors,such as transportation infrastructure and systems,that are contributing to a lack of or loss of affordable housing. 6 REVISED SCOPE OF SERVICES , The consultants will prepare a final report presenting the recommendations and incorporating the Existing Conditions memo and Public Outreach memo. '!'he consultants will provide the city with the following: PDF copies of the Existing Conditions memo,Public Outreach memo,meeting notes and Final Report suitable for distribution to the Affordable Housing Committee and posting online. 10 bound color copies of the Final Report. A disk with all project files,including any data tables,maps and/or graphics,in common file formats. Revised Project Budget Task Hours Fee Front Porch PiaceSense 1. Analysis and Assessment of Existing Conditions 1-A.Hold Kick-Off Meeting 2 2 $260 1-B.Review VHFA Report 6 2 $520 1-C.Analyze Supplemental Data 4 8 $780 1-D.Identify Resources Available 10 2 $780 1-E.Review Draft City Plan and Zoning 2 10 $780 2. Public Outreach 2-A.Facilitate Focus Groups 15 9 $1,560 2-B.Meet with Affordable Housing Committee 16 16 $2,080 2-C.Facilitate Housing Summit&Neighborhood Mtgs 28 20 $3,120 2-D. Facilitate Citywide Meeting 5 5 $650 2-E.Prepare Media Materials 8 8 $1,040 2-F.Conduct Online Survey 2 8 $650 3. Recommendations 3-A.Recommend Regulatory Mechanisms 20 40 $3,900 3-B.Recommend Financing Mechanisms 35 5 $2,600 3-C.Recommend Administrative Mechanisms 10 10 $1,300 4. Final Report 4-A.Prepare Final Report 10 20 $1,950 338 Hours @$65/Hour $21,970 Direct Expenses $930 Total $22,900