HomeMy WebLinkAboutAgenda - City Council - 09/07/2012 f
414,
AGENDA
SOUTH BURLINGTON CITY COUNCIL
575 Dorset Street
SOUTH BURLINGTON, VERMONT
Executive & Continued Deliberative Session 4:00 p.m. Tuesday, Sept. 4, 2012
Consider entering executive session to discuss personnel, contract negotiations and litigation and
continue deliberative session on Interim Zoning applications.
Regular Session 5:00 p.m. Tuesday, Sept.. 4, 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 City Manager's Report.
a. Update on Airport Strategic Planning Committee Meeting 8-30-12.
4. Consent Agenda:
a. *** Approve Minutes for July 16, August 6, 15 and 20, 2012.
b. *** Sign Disbursements.
c. *** Review July 2012 Financials.
d. *** Consider approval of the Governor's Highway Safety Equipment Incentive Grant(Police
Chief, Trevor Whipple).
e. *** Consider approval of the ECOS Implementation Grant Program (Planning &Zoning
Director, Paul Conner& Development Coordinator, Kimberly Murray).
f. *** Consider approval of the 2013 Vermont Municipal Planning Grant (Planning &Zoning
Director, Paul Conner& Development Coordinator, Kimberly Murray).
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 (Deputy City Manager, Bob Rusten).
h. *** Consider approval of the following Entertainment/Special Event Permits:
• Healthy Living Wine Tasting, Sept. 29, 2012
• Healthy Living Farming Event, Sept. 30, 2012
• Nightmare/S. Burlington Rotary Haunted House, Picard Circle, Oct. 19,20,25-28, 2012
• Magic Hat Brewing Octoberfest, Oct. 20, 2012
• Magic Hat Brewing Skiing/Snowboard Demos, Nov. 10,2012
5. Reconvene as Liquor Control Board to consider the following First Class Liquor Licenses: These
have been reviewed and are recommended or approval.
• Grand Buffet II Inc. 1303 Williston Rd.
• Osaka Hana Inc. 150 Dorset Street.
6. *** Consider appointing a Voting Delegate for the Annual VLCT Business Meeting on Oct. 4, 2012.
(Sandy Miller, City Manager).
7. *** Update of City's Financial Statements for FY 2012 (Deputy City Manager, Bob Rusten).
8. Update on Holmes Road Railroad Crossing (Sandy Miller, City Manager and Bob Rusten, Deputy City
Manager).
9. Public Hearings—To Begin at 6:00 p.m. or as soon as possible thereafter.
a. ###Second Public Hearing on City Council's Proposed City Charter Amendment regarding
the South Burlington Community Library(City Councilors).
b. ###Second Public Hearing on City Council's Proposed City Charter Amendment regarding
the City Clerk position (City Councilors).
c. ###First Public Hearing on City Clerk's Proposed City Charter Amendment regarding the
City Clerk position, staff, and office access. (Donna Kinville, City Clerk).
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. (Kimberly Murray, Development Coordinator).
b. *** Public Hearing Interim Zoning Application#IZ-12-12, Benson Development Company,
amendment to PUD from a two lot subdivision to three lots, 5-9 Executive Drive(Kimberly
Murray, Development Coordinator).
11. Other Business:
a. Any items held from the Consent Agenda
b. Any items Council may wish to place on a future agenda.
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.
Revised 4/2012
Interested Persons Record and Service List
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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).
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CITY COUNCIL 16 JULY 2012
The South Burlington City Council held a regular meeting on Monday, 16 July 2012,
at 4:00 p.m., in the Conference Room, City Hall,575 Dorset St.
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;P.Conner,Director of Planning&Zoning;M.Lyons,Assessor's Office;K.Murray,
Planning Department;P.Taylor,J.Klesch,N. Simson,P.Woodward,M.Young,J.Knapp,
J. Pasakow, S. Loyer, S. Merrick, G. Maille,B. Stuono, D. Marshall,G. Rabidoux, R.
Munt, J. Olesky, S. McClellan
1. Executive Session:
Ms. Dooley moved the Council meet in executive session to discuss personnel,contract
negotiations and litigation and to consider deliberative session on Interim Zoning
applications. Ms. Riehle seconded. Motion passed unanimously.
Following the executive session, Mr. Engels moved the Council exit executive session.
Ms. Mackenzie seconded. Motion passed unanimously.
Regular Session:
1. Agenda Review:
No changes were made to the agenda.
2. Comments & Questions from the Public not related to agenda items:
No issues were raised.
3. Announcements and City Manager's Report:
Mr. Miller:Will attend meetings of the Health Trust and VLCT Quality of Life Committee
and will attend the Managers' lunch.
Mr. Engels: The first meeting of the Form Based Codes Committee was held last Thursday
and the Committee is off to a good start.
Ms. Riehle: Attended a meeting with Jeb Spaulding regarding an invitation to have a
discussion on the F-35 issue.
Ms. Dooley: The first meeting of the Affordable Housing Committee will be tomorrow at
2:30 p.m.
CITY COUNCIL
16 JULY 2012
PAGE 2
Ms. Greco: Also attended the meeting with Jeb Spaulding as well as the Planning
Commission meeting. The Sustainable Agriculture Committee will meet on Thursday at
2:30 p.m.
4. Consent Agenda:
A. Sign Disbursements
B. Consider Approval of Amendment to Loan AR1-071, Stormwater
Project at Indian Creek and Ridgewood Estates, reducing amount of loan.
C. Consider approval of entertainment Permit: South Burlington
Veterans Committee,July 28
Ms. Mackenzie moved to approve the Consent Agenda as presented. Ms. Riehle
seconded. Motion passed unanimously.
5. Consider Ratifying Settlement of Hafter-City Litigation:
Legal Counsel Woodward said the agreement would end the lawsuit and countersuit. The
terms include:
1. Mr. Hafter will pay the city $50,000 upon sale or transfer of his home.
2. Mr. Hafter will pay the balance of the long term care policies for himself
and his wife and will not have to reimburse the city for previous payments.
3. $47,500 will be paid to Mr. Hafter by the VLCT Risk Sharing Pool minus
the deductible of$2500 which will be paid by the city.
Mr. Engels moved to approve the settlement proposal of the Hafter-City litigation as
presented. Ms. Riehle seconded. Motion passed unanimously
Ms. Dooley expressed appreciation for everyone who participated in the mediation. She
indicated that she is satisfied with the outcome.
6. Minutes of 8 May and 18 June 2012:
Ms. Dooley moved to approve the Minutes of 18 June as written. Ms. Mackenzie
seconded. Motion passed unanimously.
Ms.Dooley noted that the city received input from the Library regarding the Minutes of the
joint meeting with the Library Board. She asked that these be attached to the Minutes of 8
May 2012.
CITY COUNCIL
16 JULY 2012
PAGE 3
Ms. Riehle moved to approve the Minutes of 8 May 2012 with the input from the Library
attached thereto. Ms. Mackenzie seconded. Motion passed unanimously.
7. Review Library Charter Change; consider adoption of language and
schedule public hearings for 20 August and 4 September:
The Charter change would add Section 13-2005 to the City Charter to deal with the legal
issue facing the city. Libraries are required by law to have separate governance
The Charter change would make the Library more of a city department than an entity of its
own. The Director would be appointed the same as any other city department head.
Trustees would have a role in the selection of the Director. Trustees would propose an
annual expense budget. Trustees would have specific authority over all non-fiscal
policies. The City Council and City Manager could seek input from the Trustees on
various matters. Trustees would have exclusive authority to set their meetings,etc. They
would also have exclusive authority over content of the Library collections.
Ms. Greco said this is basically how things have been operating for 20 years; this will now
be codified.
Mr. Miller said 2 public hearings are required. The item would then go on the November
ballot. If approved, it would go to the State Legislature which has final authority.
Library Board members noted that an amendment was proposed by the Library Board.
They wanted to know if that is being approved. Ms. Greco said the Council is approving
nothing. They will meet with the Trustees to see if they have any changes to propose.
Then the Council will hold 2 public hearings.
8. Review City Clerk Charter Change: Consider adoption of language and
schedule public hearings for 20 August and 4 September:
The proposed amendment would give authority to appoint and remove employees in the
City Clerk's office to the City Manager. The City Clerk would remain an elected officer
until 2014; the City Clerk would then be appointed annually by a vote of the City Council.
In addition, City Council members would be disqualified from participating as Board of
Civil Authority members in election matters.
Mr. Taylor,Chair of the Board of Civil Authority, said this is the first time he has heard of
any change to the BCA and asked why this wasn't discussed with the BCA. It could have
been brought up at next week's BCA meeting.
CITY COUNCIL
16 JULY 2012
PAGE 4
Ms. Dooley apologized for the oversight as did other Council members. Ms. Greco said
the Council felt it was something that had to be done. They didn't think it would be an
issue.
Ms. Kinville noted there is only one separate Board of Election in the State of Vermont. It
is not common practice. She also noted that at the last Council meeting there had been
discussion of keeping the City Clerk an elected official until she decided not to run again.
Ms. Riehle said the Council got comments from others that this was not a good idea. The
problem was that someone might run against Ms. Kinville and win and then be told the
position was now appointed. Ms. Kinville said she was disturbed by the lack of
communication and felt this is not how the city should be run. She noted she has a petition
being circulated, and she is receiving cash contributions to help her maintain the Clerk's
position as an elected position.
Mr. Maille said the language appears to be two amendments. He asked if they will be
voted on separately. Mr. Miller said the final wording has not been determined. There is
discussion of separating the language into several pieces.
9. Presentation of Annual report from PACT Committee:
Mr. Loyer reviewed the history of PACT. Ms. Merrick then summarized some of the
events PACT has been involved in this year including: monthly free teen-hosted
community dinners, dialogue nights,and a community service project to aid youngsters in
foster care.
Mr. Loyer said their vision for the future is to continue partnerships with the Recreation,
Police and other city departments.
Ms. Merrick noted that they began their dinners with 45-50 people. This year, they filled
the auditorium (130-150 people).
10. Public Hearing: Interim Zoning Application #IZ-12-07 of Rye Associates,
52 unit PUD with 20,000 sq. ft. of commercial space in 4 buildings:
Mr. Rabidoux located the property on Hinesburg Road just past Dynapower, across from
the Eye Laser building.
The project would be located around a large central green space and would be for mixed
use (commercial, single family and multi-residential), with a variety of housing types,
including cottage style,and a variety of architecture. There would be pedestrian amenities
through connecting streets. Mr. Rabidoux noted they are working with the
CITY COUNCIL
16 JULY 2012
PAGE 5
Champlain Housing Trust.
Mr. Rabidoux then showed how the wetland could be used by the adjacent property
(Common Roots) for sustainable agriculture. The fringe of the wetland would be a great
place for berry stock. Water from the wetland would be provided to Common Roots'
project, as well as vehicle access, etc.
There would be an undedicated acre for recreation(picnic tables, kids playing, etc.).
Mr. Marshall said there would be 52 housing units. 60 are allowed with TDRs.
Mr. Rabidoux said Common Roots would like a place for a farmstand. He showed a
possible location for this.
Mr. Rabidoux noted they are not asking the Council for approval of the commercial part of
the project as it is on land that is exempt from Interim Zoning. Ms. Murray noted the
property falls in 2 zoning districts.
Ms. Dooley asked if all units are expected to be owned. Mr. Rabidoux said that is their
intent. If they don't sell, they would be rented.
Mr. Engels asked about road connections. Mr. Marshall explained the city's plan for
Swift Street Extension and said this project would provide a part of that plan.
Ms. Riehle asked if any of this property is part of the view corridors. Mr. Conner said in
the very southwest corner of the property there is a part of the view protection zone. This
would impact the height of a building in that area.
Mr. Conner noted that the current official city map envisions two connections to Swift
Street Extension from the property. This would need to be accommodated by this
applicant; if it is not, the city would have the opportunity to acquire the land for the
connections.
Mr. Rabidoux noted they can integrate gardens into this plan. Ms. Greco said if there are
prime ag soils, the Council would want something growing on it.
Mr. Munt, owner of the adjacent property, said the plan shows his property abutting the
projected road. This is not accurate.
Ms. Mackenzie then moved to continue IZ-12-07 until 6 August and authorize the City
Council to go into a deliberative session on the plan. Ms. Dooley seconded. Motion
CITY COUNCIL
16 JULY 2012
PAGE 6
passed unanimously.
11. Public Hearing: Interim Zoning Application IZ-12-08, 900 Dorset Street,
LLC, ; construct three unit multi-family dwelling on lot with existing single family
dwelling, 900 Dorset Street:
Mr. Olesky said the property is on the east side of Dorset Street and is a square 2-acre
property. It is contiguous with Dorset Park on 3 sides. There is an existing house and
barn. Current access is through a driveway to the house. The property is zoned R-2.
The proposal is to add a 3-unit, townhouse with 3-bedroom units. They would retain the
existing house and barn. They would eliminate the curb cut and have a new one across
from the curb cut to the Methodist Church. They would resod the existing road and cul de
sac.
Mr. Olesky said they are trying to incorporate aspects of form based codes. There are
some prime ag soils and some slopes on the property. They have not yet established any
affordable housing plan.
Ms. Dooley asked if the change in driveway ends up with more impervious surface. Mr.
Olesky said it is a"wash."
Ms. Dooley said it looks like a very large parking area. Mr. Olesky said he wasn't sure of
the intent. He said the barn is for storage.
Ms. Mackenzie then moved to continue IZ-12-08 until 6 August and authorize the Council
to go into a deliberative session. Ms. Riehle seconded. Motion passed unanimously.
12. Public Hearing: Interim Zoning Application IZ-12-09, John Larkin, 5-lot
subdivision, 200 Allen Road:
Mr. McClellan noted there is no development involved. They are just moving property
line. All properties are owned by John Larkin.
Mr. Irish asked if they would be touching the hillside. Mr. McClellan said they will not.
Ms. Mackenzie moved to continue IZ-12-09 until 6 August and to authorize the Council to
go into a deliberative session. Ms. Dooley seconded. Motion passed unanimously.
CITY COUNCIL
16 JULY 2012
PAGE 7
13. Discuss Next Steps for City Council Priorities:
Mr. Miller reviewed the history. He suggested the Council get into its priorities in
September.
14. Review Water Meter and Reading System Replacement Program:
Mr. Miller explained there has been a high error rate with the current system. CWD
proposed a 7-year replacement plan. After looking at many plans and options, it is felt
that CWD's 7-year plan is the cheapest way to get this done. No City Council action is
required.
15. Discuss Obtaining Contour Map Data from Air Force and Scoring of
Other Bases:
Ms. Greco reviewed the history. She noted that the Air Force has said the City can only
have the data if there is a request for it from the State's Congressional representatives.
Mr. Engels moved to have the City Manager request that Congressional representatives ask
for Contour Map and Scoring data for South Burlington and other Air Force bases
considered. Ms. Dooley seconded. Motion passed unanimously.
16. Review Procedures Regarding Submission and Acceptance of Petitions:
Mr. Miller said the standard process is that when a petition is presented, it will be clear to
people what the Council is doing with it. Certain petitions have a legal element and
require action(public hearing,etc.). Many are petition that indicate a public concern.
Regarding the Air Guard petition, Ms. Greco noted that many entries had no addresses;
many were printed,not signed. Only 191 were from South Burlington residents. A
majority were from Colchester. Some were from other states.
Mr. Maille said the public should be informed of the minimum criteria for a petition in
South Burlington.
17. Other Business:
Mr. Miller noted that staff has been focusing on RFPs other than the one for economic
impact. Ms. Dooley said she didn't feel the"gloom and doom"predictions were justified.
Mr. Mackenzie said the Council hasn't yet seen appeals, etc., so they shouldn't be
premature in making that judgment. Also Mr. Miller proposed revisiting the economic
impact study after the SusAg, AffordHousing , and FBCs RFPs are completed and the
CITY COUNCIL
16 JULY 2012
PAGE 8
consultants for the committees are on board and the Council concurred in that plan.
18. Executive Session:
Ms. Riehle moved that Council move into deliberative session on the three Interim Zoning
Applications with no decisions to be made tonight. Ms. Dooley seconded. Motion
passed unanimously.
19. Regular Session:
The Council returned to regular session. Ms. Greco moved adjournment. Ms. Riehle
seconded. The motion passed unanimously. The council adjourned.
Clerk
ticts
SPECIAL CITY COUNCIL 15 AUGUST 2012
The South Burlington City Council held a special meeting on Wednesday, 15 August 2012,
at 9:00 a.m., in the Conference Room, City Hall, 575 Dorset Street.
-Members Present: R. Greco, Chair; P. Engels, H. Riehle, S. Dooley
Also Present: S. Miller, City Manager; R. Rusten, Deputy City Manager
1. Agenda Review:
Mr. Engels asked to add planning for the BCA meeting and public hearings to the Agenda.
2. Consider Approval of Council Talking Points For Proposed City Clerk Charter
Change:
Members reviewed versions A, B & C.
Ms. Riehle said she preferred the Question & Answer format which, she felt, makes it calm and
professional and less inflammatory.
Ms. Dooley said she was willing to go with the majority. Her goal is to say to voters "we're
thinking about you and this is the best thing for you."
Ms. Riehle also liked the "bullets" of"What We Believe."
Members agreed to begin with "The City Council Believes" and the 5 "bullets."
Mr. Miller left the meeting briefly to print up the language agreed upon.
Mr. Engels then moved to approve the City Council Talking Points for the Proposed City Clerk
Charter Change as written. Ms. Riehle seconded. Motion passed 4-0.
Copies were then made to post and put downstairs. The document will be sent electronically to
the Free Press and The Other Paper.
3. BCA Meeting:
Mr. Engels noted the City Clerk proposed Charter change is on the agenda. He felt members
should be prepared to talk about it.
Mr. Engels also questioned the need for the second part of the Charter change amendment
(regarding Council members working at polling sites). Mr. Miller said he and the City Attorney
have agreed the language could be clearer. The question is whether Council members would be
prohibited from working at elections when they are not on the ballot. The BCA is concerned
SPECIAL CITY COUNCIL
15 AUGUST 2012
PAGE 2
with having enough help at the polls. Ms. Greco said she didn't feel that part of the amendment
was necessary.
Mr. Miller said the Council can make changes to the proposal at any time.
Ms. Dooley said she wants to understand the BCA's position. She said she is as much concerned
with the need for oversight and best practices as she is with "at will employees." She felt "at will
employees" would have no protection.
Mr. Miller said there is also a question of liability for the city that the city would have to defend.
There has to be a clearly defined process for hiring, disciplining and firing.
Ms. Dooley said having"at will employees"creates a totally different power relationship
between the employee and supervisor if an employee can be fired for no reason. Ms. Greco felt it
takes away the employee's inclination to speak up if he/she feels something is amiss.
Mr. Miller said people who indicate they wouldn't report something that appeared wrong don't
get hired by the city.
Ms. Greco said she doesn't feel the City Clerk represents the people. The City Council does.
The City Clerk is a clerk who takes in money and handles records. It is an administrative
function.
Ms. Riehle said the Clerk has far more public interaction than the City Council has.
Mr. Rusten said the Council can make it a requirement of an appointed Clerk to come to the City
Council with issues raised by the public.
Mr. Miller noted that also on the BCA agenda is the Heritage appeal. The City Attorney can't
represent both the city and the BCA, so a decision was made that Bob Fletcher will represent the
Assessor and the city will pay to have Brian Monaghan represent the BCA.
The question was raised as to whether it is a conflict of interest for Steve Magowan to be the
city's representative to CCTA and also be the head of Heritage. Mr. Miller said this conversation
should be held in executive session.
4. Charter Change Public Hearings:
Mr. Engels said the Council should find people to testify on the Council's behalf for an
appointed clerk. Mr. Miller said Council members can do that individually but not as a City
Council activity.
SPECIAL CITY COUNCIL
15 AUGUST 2012
PAGE 3
Ms. Dooley said they need to be sure they have a slot on "Live at 5:45."
5. Comments from the Public:
There were no public comments.
6. Other Business:
a. Ms. Greco said Senator Sanders' office is arranging a meeting with Senator Leahy and
Congressman Welch regarding the F-35s. They have asked for the Council's 17-page paper. Ms.
Greco said she will meet with them as an individual. She also noted they had asked if she was
the "official spokesperson" for the City Council, and she told them she was not.
Ms. Riehle said she felt Ms. Greco's comments are reflective of the City Council point of view,
so in a way she is representing the Council. She did not feel Ms. Greco should"negotiate"on
behalf of the Council.
Members were OK with Ms. Greco representing the City Council. Ms. Greco asked Mr. Miller if
he would like to join that meeting. Mr. Miller said he would be happy to.
Ms. Greco said Mr. Germanos told her he will mail the city the data points. They are still
working on the maps. The scoring sheets have to come through the city's Congressional
delegates.
B. Future Meetings:
4 September: 4 p.m. executive session
5 p.m. regular meeting
6 p.m. public hearing
6 September: 9 a.m. public hearing
27 September: 5 p.m. deliberative session
6 p.m. regular session
Ms. Dooley then moved to adjourn. Ms. Riehle seconded. Motion passed unanimously. The
meeting was adjourned at 10:45 a.m.
Clerk
CITY COUNCIL 20 AUGUST 2012
The South Burlington City Council held a regular meeting on Monday, 20 August 2012, at 5:00
p.m, in the Conference Room, City Hall, 575 Dorset Street.
Members Present: R Greco, Chair; S. Dooley, P. Engels, H. Riehle
Also Present: S. Miller, City Manager; R. Rusten, Deputy City Manager; P. Conner, Director of
Planning & Zoning; J. Rabidoux, Director of Public Works; I. Blanchard, Project Manager; T.
DiPietro, Stormwater Superintendent; K. Murray, Development Coordinator; Mayor M.
Weinberger, City of Burlington; Col. Clark; J. Knapp, M. Emery, J. Dinklage, G. Maille, M.
Young, B. Goldberg, D. Marshall, S. Dopp, B. Stuono, C. Spencer, D. Jacobowitz, P. Bridey, M.
Cloutier, S. McClellan, Joe Larkin, John Larkin, G. Rabideau, B. Ducevich, J. Olesky, J.
Pennucci, D. Davinci
1. Executive Session:
Ms. Dooley moved 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.
Mr. Engels moved the Council exit executive session. Ms. Dooley seconded. Motion passed 4-
0.
Regular Session:
1. Agenda Review:
No changes were proposed.
2. Comments & Questions from the Audience, not related to the Agenda:
Mr. Davinici: He is the General Sales Manager of Poulin Auto Sales. They have an inflatable
gorilla on top of their building and have been getting fined. He asked how to get the regulations
changed. Mr. Miller said the first step is to go to the Planning Commission for their
consideration. He said this is not a simple process and can take months. Mr. Davinci said there
are other balloon figures in the city. Mr. Conner said he would check to see is this is a Sign
Ordinance appeal.
Ms. Dooley asked if ordinances are part of the LDRs or if they are separate. Mr. Conner said
they are separately adopted by the Council.
3. Announcements & City Manager's Report:
Mr. Miller: Noted the resignation of Betsy Jackson from the Recreation Committee.
CITY COUNCIL
20 AUGUST 2012
PAGE 2
Will attend the City Manager's luncheon.
ICMA has renewed his "credentialed manager" status for another year.
The Triathlon was held this Saturday. There was a tragedy in the swimming
portion. The event in South Burlington went off well. Mr. Miller commended the organizers of
the event and noted it was a great boost to the local economy in both Burlington and South
Burlington. He added that both places are great to visit.
Upcoming Council meetings will be held on 27 August, 4 September(instead of 3
September), 6 September(9 a.m.), and 18 September(instead of 17 September).
The city has received the digitized information and maps from Nick Germanos.
They will be enlarged and placed around the conference room. Council members were OK with
sending information to the cities of Winooski and Burlington.
Mr. Engels: Attended the BCA meeting.
Ms. Riehle: Attended the BCA meeting.
Ms. Dooley: The Affordable housing Committee toured affordable housing sites in South
Burlington and Burlington.
Had a discussion with the Planning Commission Chair regarding how the Council
and Commission can work together to be sure their goals are complementary.
The RFP for consultants was issued last Wednesday and is due on 7 September at
Noon.
Ms. Greco: Attended the BCA and Planning Commission meetings.
Returned a call from Nick Germanos today. He said the final EIS is expected out
in mid-October. The city will have 30 days in which to comment. Mr. Germanos also said there
will be seven more rounds for F35 housings.
Spoke with the Police Chief regarding vandalism at her home. Ms. Greco said
"disagreement is different from being disagreeable."
4. Consent Agenda:
A. Approve Minutes of 2 July & 16 July
B. Sign Disbursements
C. Approve & sign Vermont Municipal Bond Bank Refunding
CITY COUNCIL
20 AUGUST 2012
PAGE 3
D. Approval to purchase a Chipper at a cost of$16,500. $11,000 from the General
Fund and $5,000 from Stormwater
E. Approve Resolution Amending 2006 Resolution regarding stormwater permits
to allow acceptance of Individual Permits issued by ANR - item lE added:
F. Review of Revised Language for Affordable Housing Committee Charge and
SusAg/Food Security Task Force Charge
Ms. Dooley asked to remove the Minutes of 16 July and the Resolution regarding Stormwater
from the Consent Agenda.
Mr. Riehle moved to approve the Consent Agenda minus the Minutes of 16 July and Item E. Mr
Engels seconded. Motion passed 4-0.
Regarding the stormwater resolution, Ms. Dooley asked if consideration was given as to whether
a fee should be charged. Mr. Rabidoux said no. Mr. Miller suggested looking at that at budget
time. Mr. DiPietro said there are general and individual permits. This gives the city authority to
take over individual permits. Mr. Young asked if this means the city will be taking over the
responsibility for renewals, etc. Mr. DiPietro said it does.
Ms. Dooley moved to approve the Resolution Amending 2006 Resolution regarding stormwater
permits to allow acceptance of Individual Permits issued by ANR. Mr. Engels seconded.
Motion passed 4-0.
5. Presentation of Plaques for Service on the City Council for former Councilors
Meaghan Emery and Jim Knapp:
Ms. Greco read the plaques and presented them to Ms. Emery and Mr. Knapp.
6. Council Discussion Toward Establishing a Mutually Beneficial Relationship between
the City of South Burlington and Our Impacted Neighborhoods, BIA, VTANG, and how to
include other municipalities in the discussion - First Steps:
Mr. Miller spoke of the desire to work together on issues that affect the city daily(e.g., noise,
traffic, etc.), and to help to figure out how to address these issues together.
Burlington Mayor Weinberger and Col. Clark were invited to join the Council at the table.
Mayor Weinberger said there have been a number of productive meetings with Mr. Miller and
Airport people since he has taken office. He noted the City of Burlington is coming through a
difficult time, marked by distrust on a number of issues. He felt this impacted the relationship
with the Airport and with South Burlington. He hoped that era was behind us and that when his
CITY COUNCIL
20 AUGUST 2012
PAGE 4
administration, the South Burlington Council and Airport speak, there will be clarity with the
information South Burlington is receiving. Mayor Weinberger added that he thought this is the
beginning of a new era of communication and partnership.
The Mayor noted that the Airport has come through a challenging time. For the second year in a
row, it has met its debt obligations, and there is a conscious effort to plan for the future. There is
a formal process that is just beginning, and the hope is to do this in the next 6 months. The
committee involved in this effort will invite South Burlington to have an ex-officio member.
The Mayor added that he would like to have the overriding emphasis be to have the South
Burlington community survive and thrive, and he hoped South Burlington would like to see that
for the Airport as well.
Mayor Weinberger noted that he served on the Airport Commission for 9 years. He ran for
Mayor because he was not happy with the relationship between the Airport and the City of South
Burlington. He stressed the need to look at things that will benefit all communities and noted
that the concern with regional problems is bigger than any municipality, especially in an area that
values "local control."
Col. Clark said there needs to be a venue where issues can be dealt with. He expressed the
willingness to work with the communities on a working relationship with all of those who
surround the Airport.
Mr. Miller said there will be areas of disagreement (e.g., value of properties, stormwater), but
even with these disagreements it shouldn't preclude the parties from working on other issues.
Ms. Riehle applauded the strategy planning process and having a South Burlington person
involved. She hoped that strategic planning will include some of the things South Burlington
thinks are important.
Ms. Dooley spoke to the need to look at relationships on a macro and micro level. She
questioned the relationship of the "vision" with the Airport plan...adding emplanements...more
noise. She said they need to get their hands around the noise issue and what can be done to
mitigate that to address quality of life in the nearby areas. She added that she gets calls from
people who feel they are "treated as troublemakers" if they call regarding noise issues.
Ms. Greco noted that in the past South Burlington wasn't included in the planning process, or
was included too late to matter. She cited the lack of a focal point for citizens' concerns,
particularly for those not getting answers on housing concerns. She stressed that these concerns
are legitimate. She also noted the questions of hazardous materials being found in some of the
homes that are to be demolished.
CITY COUNCIL
20 AUGUST 2012
PAGE 5
Col. Clark said he is the person charged with coming to meetings and providing information.
The person to contact regarding noise complaints is Lt. Col. Lloyd Goodrow at 802-338-3324 or
Llovd.Goodrow.@us.army.mil.
Mayor Weinberger noted there wasn't a great deal of"buy-in" from the Airport Commission of
the Burlington City Council on the Airport's "Vision 2030." It was felt to be more of a business
plan. He added that the parties won't always agree, but they need to respect each other's
position. He felt there is now greater clarity for communicating with each other than there was a
few months ago. He felt the housing issue is one where good communication can be very
productive. He saw the need for a new plan that everyone can feel good about.
Ms. Greco asked whom people can contact for information on their home. Mayor Weinberger
said he will make sure Mr. Miller gets that contact.
Ms. Riehle asked whether strategic planning includes what will happen with houses/property.
Mayor Weinberger said creating a plan for that area is one of the tasks that committee has been
given. He felt this is something they need to "get their arms around" soon.
Col. Clark said there are military planes that come to South Burlington to train, and they are not
an issue of local noise generation. Mr. Miller asked whom the city can contact about that.
Ms. Greco asked if there is a schedule that can be released to the public as to when the local
Guard flies. Col. Clark said their usual schedule is 9 a.m. take offs on Tuesday-Friday with a
return about 45 minutes to an hour and a half later. There are also some afternoon schedules.
Weekend schedules are usually the first or second weekend of the month, not usually before noon
on Sunday. Ms. Greco said there was discussion that the Airport was to monitor noise levels, so
if there were changes South Burlington would be notified. She was not sure this was happening.
Ms. Dooley raised the question of whether other things can be done with federal money other
than buying homes. She felt they should consider what is best for th Airport and the
neighborhood, and people from the neighborhood should be able to participate.
Mayor Weinberger agreed. He noted federal money has been used for acquisition. There is a
possibility to use that money for other things. He added there is an openness to having that
discussion.
Col. Clark said when the EIS came out, there was a need to get information out to the public. He
envisioned a public relations committee, but the lead agency is the Airport. He said the Guard is
willing to do what they can to help.
Mr. Miller said clearly there is an information gap, and they need to keep discussion how to
CITY COUNCIL
20 AUGUST 2012
PAGE 6
address this. Meaningful information from the neighborhoods is essential. He added that the
City of Winooski also wants to participate in those discussions. Ms. Greco said she thought there
should be a joint group with Burlington, South Burlington, Winooski, Williston...all those
affected by the Airport. She added that in the past, South Burlington has had such a small
vote..."you're present but you don't count." She would like to see a committee where all entities
are equal. Mayor Weinberger said he understood that concern. He echoed Mr. Miller's idea to
continue to work on issues together. He added that there are other areas in which the
communities can work together, not just the Airport.
Mr. Maille said State Statutes allow Burlington and South Burlington to form a committee with a
different mission, with equal voting rights, and with legislative powers and authorities. He cited
5 V SA, Chapters 15 and 17.
Mr. Stuono cited the often said "importance of the Airport to the economy of the region,"but he
noted the "region"has no seat. He felt the Airport should be regionally managed. He said the
problems won't go away until everyone has a vote.
Ms. Emery said the former South Burlington City Manager had said, "This isn't the place for an
Airport." She felt that should be on the table. She said there are still compatible places that are
more rural where options for expansion and growth wouldn't take away homes and communities.
Mr. Young asked if the properties being purchased become an extension of Burlington and would
someday connect to Burlington. He also saw the need for sound barriers to keep noise under
control in areas affected by engine run-ups.
7. Review of Comments on the Complete Streets Project and Consideration Regarding
Making the Trial Permanent or Abandoning the Experiment:
Mr. Rabidoux said they received over 200 communications. Assigning one vote per person, the
tally was 91 in favor, 75 against with 2 neutral. They did no further breakdown. One comment
indicated this was not the time of year to do a complete streets study, but traffic counters isn the
state, including one in Williston, indicate the 3 months with the highest daily traffic are June,
July and August.
Another concern raised was what will happen in the winter when people can't see the road.
People in Essex and Burlington, where there are similar complete street projects, indicate that
things are no better or no worse than other streets. Mr. Rabidoux added that winter is a challenge
for all streets.
Mr. Rabidoux said the highest level of congestion was at 5 p.m., and there is congestion
anywhere at that time.
CITY COUNCIL
20 AUGUST 2012
PAGE 7
The Rec Path Committee, which did traffic counts, found there was no drop in traffic counts
during the study. At no instance were vehicles held for more than one traffic light cycle. Public
Works measured queue lengths and saw a variance during times of day. Traffic flowed at an
acceptable level. At some times, there were longer lines of traffic in both directions. It is harder
to enter onto Williston Road from the side streets, especially in the morning and peak periods.
The Police Department looked at accidents from 2011 and 2012. In 2011, there were 4 accidents
on that stretch of road, and in 2012, there were 5. All 5 of those accidents had no injuries and
resulted from a failure to yield.
Both Public Works and the Regional Planning Commission feel there is no adverse impact on the
corridor.
Mr. Rabidoux asked if the Council can make a decision at this meeting so information can be
given to the State. He added that the Rec Path Committee wants to continue the complete streets
east to Milham Court.
Ms. Greco asked if any evaluation was done on the side streets. Mr. Rabidoux said there is no
empirical data. Some comments indicated an issue.
Mr. Engels said he got on message asking to turn the sidewalk into bike paths as it is dangerous
to have the bike path on the road. Mr. Rabidoux said he agreed. But the only direction in which
the city owns land is toward the road, and that would bikes closer to the road. There is some
room to move curbs, but this would be a major investment.
Ms. Greco commented that traffic seems to be moving much slower than she recalls.
Mr. Rabidoux noted they had been in contact with the School District which has 6 stops in the
corridor. They won't change how they operate.
Ms. Emery said the 2 lanes at the light are good. She also has notices no increased traffic on her
street.
Mr. Spencer of Local Motion said it feels more like a neighborhood.
Ms. Dopp said it is not a"raceway" and people are going slower.
A resident of Mayfair Park said he has been commuting by bike and it is a good experience.
Mr. Cloutier noted that bikes can't provide lights the same as cars do, and yet they want to share
CITY COUNCIL
20 AUGUST 2012
PAGE 8
the road. He said he wouldn't take his kids riding in a road next to car traffic. He proposed a
wider bike path, similar to Kennedy Drive, one side of Williston Road. In doing his own survey,
he counted 1500 cars, 4 bikes and 5 pedestrians. He felt the numbers don't justify it.
Mr. Engels asked if they are going to move lanes at the Sheraton, why not do it here. Mr.
Rabidoux said they can, but it is very expensive. The city owns the road and can do what it
wants; they just need to pay for it.
Ms. Riehle then moved to make the Complete Streets project permanent and extend it to Milham
Court. Ms. Dooley seconded. Motion passed 4-0.
8. Presentation Regarding Proposed Creation of a Tax Increment Financing - TIF -
District:
Mr. Miller noted there will be a formal public hearing at the next Council meeting. He also
noted the plan is on the city's website.
Ms. Blanchard explained that a TIF is a financing tool to fund public infrastructure that would
otherwise not occur. She stressed that figures presented area"moving target" until there are
firmer cost estimates.
Ms. Blanchard then showed a plan of the City Center and a plan of the TIF District. It is entirely
within the "new town center" as designated by the State Legislature. She then explained how a
TIF district funds public infrastructure: 75% of the increased taxable value stays with the city
each year for 20 years, and 75% of the increase in city taxable value is also set aside to pay down
the infrastructure debt.
The process to create a TIF District includes application to the Economic Progress Council,
establishment of a debt ceiling (voted on by the public), bonding for the TIF District, etc.
Construction could begin in 2017. The increase in value would be set aside from that time. If
property owners decide they can't develop (because of the economics), the city would have to
pay that debt (these are essentially general obligation bonds).
Benefits of the TIF District include: after 20 years, revenues are greater with no public
investment, and the city can realize goals otherwise not possible.
Ms. Blanchard then reviewed the time line. She stressed that it is always possible to build less
and to amend the plan.
The plan for the area includes making it an attractive space, including Dumont Park, a trail
network, passive recreation, benches, interpretive signage, etc. A central "green" is planned with
a quality streetscape on surrounding streets. The area would accommodate festival/event
CITY COUNCIL
20 AUGUST 2012
PAGE 9
programming. Other features would include a City Hall, recreation building (no pool),
community meeting rooms, green streets (stonnwater infiltration).
A very expensive feature of the area would be a parking garage with 400 spaces. It would be city
owned and operated.
On the Williston Road streetscape, trees would be added, and there would be an access
management plan. There would also be the potential for a bike/pedestrian bridge over I-189.
The estimated total cost is $36,000,000., with the city share at $20,200,000 (between 2014 and
2017). Mr. Miller noted this is a lot of money, but it occurs over 20 years. This is what it costs to
create a sense of place. It is also a fraction of what Winooski spent.
Ms. Blanchard noted the private sector would have some responsibility for infrastructure in the
future (San Remo Drive, a boulevard from Williston Road to the central green, additional public
parking, any small streets, footbridges, etc.).
The proposed resolution decided:
1. Endorsement of a TIF District
2. The city's match percentage of the educational tax increment set aside
3. Creation of the district and establishment of the boundaries.
Ms. Greco asked if there are any costs if the city decides not to do this. Mr. Miller said there are
fees of about $22,000. 00 plus the time and effort.
Mr. Miller said that voters would vote on the total debt ceiling and on each individual project.
Mr. Engels asked about the relationship to form based codes. Mr. Miller said the TIF District
can occur with or without form based codes. Form based codes can inform what the City Center
will look like. The TIF District will pay for it.
9. Interim Zoning: Continued Public Hearings:
A. Continue Public Hearing for Interim Zoning Application#IZ-12-06, John
Larkin, 40 units PUD (Phase 1 of 71 unit project), 201 Allen Road:
Mr. McClellan showed the location on the plan and noted it is an open field with treed areas.
They have done a wetland survey and tree-line studies, borings, etc. They also talked with
neighbors to get their views. They came to the city with a plan in June, September, October, and
December, 2011. They got the DRB OK in December, and then interim zoning came in.
CITY COUNCIL
20 AUGUST 2012
PAGE 10
Ms. Greco said they need to show how this plan will further the goals of interim zoning.
Mr. McClellan said it will address affordable housing with smaller duplexes, similar to the
Orchards, with streets without curbs to keep infrastructure costs down. Mr. Joe Larkin said the
costs will be in the affordable housing ballpark. With regard to open space, Mr. McClellan
showed the tree line and a large area to be left open. There is a single family lot in the R-1 zone.
With regard to sustainable agriculture, there can be community gardens or individual gardens.
He showed an area for community gardening. Mr. McClellan estimated that about 1/3 of the
property would be left untouched.
Ms. Dooley noted that the affordable housing idea is to target appropriate families and asked if
there is a plan for that. Mr. McClellan said not at this point. He felt they can make this an
inexpensive project to build.
Ms. Greco noted receipt of a letter from Mr. Sylvester objecting to the number of units. John
Larkin noted that Mr. Sylvester lives beside the land they are not going to develop.
Ms. Dooley moved to continue IZ-12-06 until 18 September and engage in a deliberative session
in the interim. Ms. Riehle seconded. Motion passed 4-0.
b. Continue Public Hearing for Interim Zoning application #IZ-12-07, Rye
Associates, 52 Unit PUD with 20,000 sq. ft. of commercial space in 4 buildings:
Mr. Marshall said they can create secondary benefits to sustainable agriculture. There will also
be a pocket park on the property. The "Farm to School" program will be using this property for
access and water. Mr. Marshall said this is an infill project with TDR components. It is a good
receiving area that will promote agriculture in other parts of the city. He raised the question of
how much obligation a property owner should have in this regard. Mr. Rabideau said the soil
characteristics are not prime agricultural. They are second to the bottom of the list, very clay
based throughout the whole piece of land. The TDR process would allow for 40 acres of land to
be preserved.
Regarding affordable housing, there will be a variety of housing types, 6 multi-family units, 14
cottage style. They can't strike a deal with an agency until they have something to sell them. He
also noted that most agencies are committed till 2014. He said there could be a stipulation that
an affordable housing plan be reached.
Mr. Rabideau said this is as close as a project can come to meeting the goals the Council has laid
out.
Ms. Dooley said she appreciates the units and design here. She wasn't sure the Council had
CITY COUNCIL
20 1 UGUST 2012
PAGE 11
authority to make stipulations to where TDRs come from.
Ms. Greco said the more space they can get for agriculture, the more affordable housing, the
more open space, the more attractive it will be to the Council.
Mr. Rabideau said they can't make all units affordable. Mr. Ducevich said they can deliver
homes at $238,000. They are doing that now. The beauty of a project is that you shouldn't know
which units are affordable. In Burlington, you can tell. The problem is the cost of doing it. He
said they need direction as to how many affordable homes. Mr. Rabideau said ti would make a
big difference if the city could mitigate some of the regulatory things. He stressed that without
density, you can't deliver affordability.
Ms. Dooley said she would be impressed with 10 affordable units.
Mr. Engels then moved to continue IZ-12-07 to 1 October 2012 and to deliberate in the interim.
Ms. Riehle seconded. Motion passed 4-0.
C. Continued Public Hearing for Interim Zoning Application #IZ-12-08, 900
Dorset Street, LLC: construct three unit multi-family dwelling on lot with existing single family
dwelling, 900 Dorset Street:
Mr. Olesky presented supplemental information to the Council. He noted the plan has been
revised to add a 2000 sq. ft. area for a community garden (this could involve a partial coop with
NGA). A parking lot on the southeast corner has been reduced to allow more open space. There
is also more screening. They will coordinate with the City Arborist. They will extend the
hedgerow along Dorset Park and will extend the sidewalk from Dorset Street to the proposed
buildings.
Regarding form based codes, Mr. Olesky noted they are in neither an urban or rural are. They are
in a more transitional area. They feel they are maximizing both the residential potential and open
space. They are proposing 3 new dwelling units and one existing unit. Mr. Engels suggested
addressing form based codes by making the houses look like a barn or farm unit. He said that's
what form based codes is about. Mr. Olesky noted there would be a garden in the southwest
corner. One house will definitely meet the affordable range. All 4 potentially could.
Mr. Engels moved to continue IZ-12-08 until 1 October with deliberation in the interim. Ms.
Riehle seconded. Motion passed 4-0.
d. Continued Public Hearing for Interim Zoning Application #IZ-12-10, John &
Kathleen Pennucci, two lot subdivision, 1721 Dorset Street:
CITY COUNCIL
20 AUGUST 2012
PAGE 12
It was noted that the applicant has asked for a continuance.
Mr. Engels moved to continue IZ-12-10 until 1 October 2012 with deliberation in the interim.
Ms. Riehle seconded. Motion passed 4-0.
10. Scheduling Joint Meetings:
A. Possible dates for Steering Committee Discussion with School District:
Mr. Miller noted it is the City's turn to be Chair of the Steering Committee.
Ms. Dooley nominated Ms. Mackenzie to be Chair of the Steering Committee. Ms. Riehle
seconded. Motion passed 4-0.
Members agreed to proposed 19 September or 3 October as potential meeting dates.
B. Possible dates for joint meeting with Planning Commission:
Members agreed on 12 September, 7 p.m (6, if possible).
11. Other Business:
A. Minutes of 16 July:
The spelling of Mr. Palombo's name was corrected. The word at the end of line 5, second
paragraph on p. 4 was corrected to "the." On page 7, item 16, it was Ms. Greco who summarized
the Air Guard petition signatures.
Ms. Riehle moved to approve the Minutes of 16 July as amended. Ms Dooley seconded. Motion
passed unanimously.
B. Items for Future Agenda:
Ms. Greco said they should speak with the Natural Resources Committee regarding the open
space element of interim zoning. Ms. Riehle said she would be willing to act ex officio to that
effort. Mr. Miller said he would consider how to staff this.
Ms. Greco noted she got a call from Robert Rich regarding bike path maintenance.
CITY COUNCIL
20 AUGUST 2012
PAGE 13
Ms. Dooley noted receipt of a call from a CPA in Burlington with concerns about the proposal to
have the City Clerk hire and fire staff.
As there was no further business to come before the Council, Ms. Dooley moved to adjourn. Ms.
Riehle seconded. Motion passed unanimously. The meeting was adjourned at 11:00 p.m.
Clerk
From: Bob Rusten, Deputy City Manager
To: City Council
Subjects: Analysis of FY 2013 July Unaudited Financials
Date: August 31, 2012
As we are just in the first month of the Fiscal Year there are not a lot of expenditures and
revenues against which to assess the status of the budget.
In comparing July of FY 2013 to July of FY 2012 Financials the data indicates that:
• General Fund is ahead in revenue collection
• Sewer is basically the same in revenue collection
• Stormwater is ahead in revenue collection
• Water is ahead in revenue collection
• General Fund expenses are pretty much in line with FY 2012
• Sewer expenses are pretty much in line with FY 2012
• Stormwater expenditures are higher which is due to budgeted construction projects
• Water expenses are pretty much in line with FY 2012
So, it appears that for the first month of the new Fiscal Year there does not appear to be any
significant issues for any of our Funds either in terms of revenues or expenses.
One update is that we are now utilizing the Merchants Bank Positive Pay system whereby each
day Merchants' compares checks deposited against our check register to determine if there are
any checks requesting to be paid that were not approved by the Council. If such a check is
identified by Merchants they notify us electrically and we have until 10:00 am to determine the
check status. If we do not approve the check by that time Merchants will not pay and the check
will be returned to us. This is one of our new methods to protect the City against a possible
fraudulent check. So far no such checks have been identified.
We have also just determined not to renew four Costco Credit cards costing the city$220.00 per
year and have canceled two subscriptions to the Burlington Free Press which were costing the
City over$500 per year.
1
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City Of South Burlington, Grant Request Form
_Trevor Whipple, Chief_ August 22, 2012
Name and title of person completing this form(Project Manager) Date
1. Name/title of grant and submittal deadline date: Governor's Highway Safety Equipment Incentive Grant
2. What specifically is the grant's purpose? Purchase of Highway Safety Equipment
3. What does the grant fund and not fund(be specific)? The purchase of Highway Safety Equipment.
4. Total Project Cost:
a. Amount of grant: $3,500
b. Is there a City match required,how much and in what fiscal year(s)? No match
c. Are there other grants"tied into"or being used as a match for this grant of which are matching
funds for this grant? No
5. From what budget line will match be paid,and is there unencumbered money to pay it? No match
6. Is there a cost to the city upon grant conclusion, and if yes,please describe? None
7. Is grant for stand alone project,and if no,how does grant fit into another project(describe in some detail)?
Stand alone.
8. Length of grant-will the grant cross fiscal year(s)? 12/09/11 —09/30/12(Grant notice was received on
8/22/2012 due to computer error. This will not cross fiscal years as it must be spent by 9/30/12.)
9. Who will apply for grant(name/title)? Trevor Whipple,Chief
10. How much time will it take to complete grant application form? 15 minutes
11. How likely is it that we will receive grant? 100%-funds already set aside. Grant already approved
through automatic award process. No application necessary. We need only accept the funds.
12. Who will manage(project manager)grant and grant paperwork if approved(if different person than who is
filling out this form), what are any grant compliance requirements,how much time will this take and how is
that time available? Are there funds available in the grant to pay for our administrative costs? Can in-kind
service be used as part of the City match? Trevor Whipple. Quarterly reporting but in this case funds will
all be spent on receipt so it will require only one report. No admin costs allowed. No match.
13. Describe grant payment process—method of cash flow: Reimbursement upon report of expenditure
14. Should a Council-appointed Committee,Board,or Commission review this request?
If yes,please update status: No.
15. In terms of priority,with 5 being highest and 1 being lowest,please rate this grant in terms of how it fits
into your primary mission as approved by City Council and current projects to complete that mission:
Priority 5
61;9J/z
Reviewed by Asst City Manager,Date If approved,grant money will be in this fund
c(„)/*/),2.._
Approved byCityManager,Date Not Approved ByCityManager,Date
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Approved By City Council,Date Not Approved By City Council,Date
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PLANNING & ZONING
MEMORANDUM
TO: South Burlington City Council & City Manager
FROM: Paul Conner, Director of Planning & Zoning
Kimberly Murray, Development Coordinator
SUBJECT: Proposed ECOS Implementation Grant Program Application
DATE: September 4, 2012 Meeting
The Chittenden County Regional Planning Commission(CCRPC) through its federally-funded
ECOS project, is making approximately $280,000 available for implementation grants within
Chittenden County. All grants require a minimum 10%match; projects with higher match
amounts receive additional points in the scoring system.
Staff has been working closely on the development of two grant applications in support of the
City's work on Interim Zoning—this ECOS Implementation Grant, and a Municipal Planning
Grant from the State of Vermont. These two grants—for which we can apply for up to $65,000
combined—can be matched by the estimated $75,000 in local funds, as well as in-kind time.
Combined, these funds will support the consultant work from the Requests for Proposals being
issued for Sustainable Agriculture/Food Security, Affordable Housing, and Form-Based Codes.
The CCRPC awards these grants based on a series of competitive criteria, with a special focus on
the sustainability and coordination efforts being spearheaded through the ECOS project. Eligible
projects include bylaw revisions, capital projects, service programs, financing plans, and more.
Staff is proposing to apply for these funds in support of the city's overall sustainability effort, as
envisioned through Interim Zoning. Specifically, these grant funds would be used to help fund
the Form-Based Codes project as it is most closely related to the statewide priorities. See the
attached project outline for more details.
Staff recommends that the Council approve the submittal of a Municipal Planning Grant
application, for up to $50,000 in grant funds plus at least $25,000 in local match, for the work
described above. The Planning Commission voted unanimously on August 28`h to support the
application.
Possible motion: I move to authorize the City Manager to submit an application to the ECOS
Implementation Grant Program, for up to $50,000 plus a minimum of$25,000 in matching
funds, to support the Form-Based Code project as part of the City's multi-faceted Interim Zoning
project.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
City Of South Burlington, Grant Request Form
Prior to applying for a grant please complete this form and submit to Assistant City Manager..
Please submit at least two weeks prior to City Council approval meeting. Extenuating circumstances which do not permit two
weeks notice should be brought to the attention of the Assistant City Manager as soon as possible.
Please attach actual grant application form—either blank or completed
Paul Conner,Director of Planning &Zoning
Kimberly Murray, Development Coordinator August 29,2012
Name and title of person completing this form(Project Manager) Date
1. Name/title of grant and submittal deadline date: ECOS Implementation Grant Program
2. What specifically is the grant's purpose?To implement"projects that will progress the goals and
criteria of the ECOS project" being developed by the Chittenden County Regional Planning
Commission and its partners.
3. What does the grant fund and not fund(be specific)?Bylaw revisions,capital projects,service
programs,funding and financing plans,multi-jurisdictional service agreements,primary data
collection.
4. Total Project Cost:
a. Amount of grant: $50,000 maximum
b. Is there a City match required,how much and in what fiscal year(s)?$10,000 in FY 2013 or FY
2014.Projects with higher matches are encouraged and receive higher ranking,up to 50%.
c. Are there other grants"tied into"or being used as a match for this grant of which are matching
funds for this grant?Yes. Proposed Municipal Planning Grant application,as well as
municipal funds set aside by City Council for Interim Zoning.
5. From what budget line will match be paid,and is there unencumbered money to pay it?The IZ reserve
fund and other municipal funds are proposed to be used as a match. The applications will also
reference the partnership with the proposed Municipal Planning grant.
6. Is there a cost to the city upon grant conclusion,and if yes,please describe?No direct costs.Products will
be regulatory documents to guide future development.
7. Is grant for stand alone project, and if no,how does grant fit into another project(describe in some detail)?
The project is part of the larger Interim Zoning project being undertaken by the city,for which three
(3)RFPs have been issued to date.
8. Length of grant- will the grant cross fiscal year(s)?The grant period will run from November 2012 to
December 31,2013, crossing Fiscal years 2013 and 2014.
9. Who will apply for grant(name/title)?Paul Conner/Kimberly Murray.
10. How much time will it take to complete grant application form?Approximately 20-25 hours.
11. IIow likely is it that we will receive grant?The field is competitive, but the proposed project is directly
in line with the grant's purpose.
12. Who will manage(project manager)grant and grant paperwork if approved(if different person than who is
filling out this form),what are any grant compliance requirements,how much time will this take and how is
that time available? Are there funds available in the grant to pay for our administrative costs? Can in-kind
service be used as part of the City match?Kimberly Murray/Paul Conner. Grant administration
includes compliance with application state and federal rules.Reporting will take a fair amount of
staff time. In-kind can be in-kind or cash. Staff expects to use both in order to demonstrate the
highest possible match.
13. Describe grant payment process—method of cash flow: Not stated in the application.Likely a
reimbursement grant.
14. Should a Council-appointed Committee,Board,or Commission review this request?
If yes,please update status: Yes.Requires City Council approval.
15. In terms of priority,with 5 being highest and 1 being lowest,please rate this grant in terms of how it fits
into your primary mission as approved by City Council and current projects to complete that mission:This
project ranks as a 5 as it is implementing the Council's top priority for this year.
Reviewed by Asst. City Manager,Date If approved,grant money will be in this fund
f pAf ® vg Y
Approved by City Manager,Date Not Approved By City Manager,Date
Approved By City Council,Date Not Approved By City Council,Date
1
40
�i-
pli
south
PLANNING & ZONING
MEMORANDUM
TO: South Burlington City Council & City Manager
FROM: Paul Conner, Director of Planning & Zoning
Kimberly Murray, Development Coordinator
South Burlington Planning Commission
SUBJECT: Proposed 2013 Municipal Planning Grant
DATE: September 4, 2012 Meeting
Once again this year the State has made available funding for towns and cities to undertake
planning activities. The funding has been set to a maximum of$400,000 statewide. Up to
$15,000 is available for local grants, plus a minimum $3,500 cash match for this amount.
Staff has been working closely on the development of two grant applications in support of the
City's work on Interim Zoning—this Municipal Planning Grant, and a grant from the Chittenden
County Regional Planning Commission through its ECOS project. These two grants—for which
we can apply for up to $65,000 combined—can be matched by the estimated $75,000 in local
funds, as well as in-kind time. Combined, these funds will support the consultant work from the
Requests for Proposals being issued for Sustainable Agriculture/Food Security, Affordable
Housing, and Form-Based Codes.
The State awards these grants based on a series of competitive criteria and statewide priorities,
which in 2013 including bylaw updates, infrastructure planning, municipal plan updates for
smart growth, and flood resiliency.
Staff is proposing to apply for these funds in support of the city's overall sustainability effort, as
envisioned through Interim Zoning. Specifically, these grant funds would be used to help fund
the Form-Based Codes project as it is most closely related to the statewide priorities. See the
attached project outline for more details.
Staff recommends that the Council approve the submittal of a Municipal Planning Grant
application, for up to $15,000 in grant funds plus at least $3,500 in local match, for the work
described above. The Planning Commission voted unanimously on August 28`h to support the
application.
Possible motion: I move to authorize the City Manager to submit an application to the 2013
Municipal Planning Grant program, for up to$15,000 plus a minimum of$3,500 in matching
funds, to support the Form-Based Code project as part of the City's multi-faceted Interim Zoning
project.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
1
City Of South Burlington, Grant Request Form
Prior to applying,for a grant please complete this form and submit to Assistant City Manager..
Please submit at least two weeks prior to City Council approval meeting. Extenuating circumstances which do not permit two
weeks notice should be brought to the attention of the Assistant City Manager as soon as possible.
Please attach actual grant application form—either blank or completed
Paul Conner,Director of Planning& Zoning
Kimberly Murray, Development Coordinator August 29, 2012
Name and title of person completing this form(Project Manager) Date
1. Name/title of grant and submittal deadline date: 2013 Vermont Municipal Planning Grant, submittal
deadline September 28,2012
2. What specifically is the grant's purpose?Support for local planning in Vermont.
3. What does the grant fund and not fund(be specific)?Land Development Regulation amendments,
Comprehensive Plan updates,capital plans, and other long range planning projects.
4. Total Project Cost:
a. Amount of grant: S15,000 maximum
b. Is there a City match required,how much and in what fiscal year(s)?$3,500 in FY 2013 or FY
2014.Projects with higher matches are encouraged.
c. Are there other grants"tied into"or being used as a match for this grant of which are matching
funds for this grant?Yes.Proposed ECOS grant application,as well as municipal funds set
aside by City Council for Interim Zoning.
5. From what budget line will match be paid,and is there unencumbered money to pay it?The IZ reserve
fund and other municipal funds are proposed to be used as a match. The applications will also
reference the partnership with the proposed ECOS grant.
b. Is there a cost to the city upon grant conclusion,and if yes,please describe?No direct costs. Products will
be regulatory documents to guide future development.
7. Is grant for stand alone project,and if no,how does grant fit into another project(describe in some detail)?
The project is part of the larger Interim Zoning/ECOS project being undertaken by the city,for
which three(3)RFPs have been issued to date.
8. Length of grant-will the grant cross fiscal year(s)?The grant period «ill run from December 2012 to
May 2014,crossing Fiscal years 2013 and 2014.
9. Who will apply for grant(name/title)?Paul Conner/Kimberly Murray.
10. How much time will it take to complete grant application form?Approximately 10-12 hours.
11. How likely is it that we will receive grant?The City has been successful with these grants in the past.It
is competitive,but the proposed project is directly in line with the grant's purpose.
12. Who will manage(project manager)grant and grant paperwork if approved(if different person than who is
filling out this form), what are any grant compliance requirements,how much time will this take and how is
that time available? Are there funds available in the grant to pay for our administrative costs? Can in-kind
service be used as part of the City match?Kimberly Murray/Paul Conner. Grant compliance requires
an initial application, mid-term report, and final report. Funds cannot generally be used for
administrative support. In-kind must be cash.
13. Describe grant payment process—method of cash flow: Initial 40% paid up front up request.Mid-term
30% paid up front at mid-term.Final 30%reimbursement upon project completion.
I1. Should a Council-appointed Committee,Board,or Commission review this request?
If yes,please update status: Yes.Requires Planning Commission and City Council approval. Planning
Commission voted to approve on August 28th.
15. In terms of priority, with 5 being highest and 1 being lowest,please rate this grant in terms of how it fits
into your primary mission as approved by City Council and current projects to complete that mission:This
project ranks as a 5 as it is implementing the Council's top priority for this year.
Reviewed by Asst.City Manager,Date If approved,grant money will be in this fund
Approved by City Manager,Date Not Approved By City Manager,Date
Approved By City Council,Date Not Approved By City Council,Date
South Burlington Interim Zoning Committees
575 Dorset Street
South Burlington,VT 05403
f in f, (802) 846-4106
www.sburl.com
ECOS Implementation & Vermont Municipal Planning Grant Program
September 2012
Trail to Sustainability Project Outline
The City of South Burlington has initiated a community sustainability project that involves many facets of
community life and supports the ECOS mission. This project, called"S IliBurlington's Trail to
Sustainability," is intended to transform the City for the challenges and pportunities of the 21st Century.
The project includes a series of initiatives to support, develop, and create a community that will be a leader in
sustainable food production, housing, transportation, energy efficiency, natural resource protection, transit
oriented development, residential quality of life, and economic growth. At the heart of this work is the
collaborative development of regulatory and non-regulatory mechanisms to promote and encourage these
principles critical to our community and the larger Lake Champlain region.
In February 2011, the City Council adopted an Interim Zoning Bylaw torallow the community to address the
issues of sustainable agriculture, food security, open space, and affordable housing, and u4,e form based codes as
the regulatory tool to help implement those goals. Three working committees have been established to
undertake this work in collaboration with the City Council, Planning Commission, and other committees in the
city. This endeavor involves evaluating and recommending regulatory and non-regulatory tools, programs,
financing mechanisms, and incentives to promote the City's sustainability goals.
The City's Trail to Sustainability centers on these core project but includes and relies upon a much larger cadre
of ongoing and planned initiatives within the community. These will each, in turn, inform the overhauled
regulatory tools in the community. These initiatives include, but arc not limited to:
• Establishment of a farm-to-school and community program on city land in partnership with Common Roots;
• Replacement of streetlights throughout the city with LED fixtures in partnership with Green Mountain Power
• Development of solar energy on city buildin 2s and lands in partnership with Encore Redevelopment;
• Creation of a City Center, including collaborate stormy ater treatment, a tax increment financing district,new
town center,and more with partners such as City Center. LLC;
• Construction of new pedestrian infrastructure through Safe Routes to School programs in partnership with the
South Burlington School District
• Retrofits to outdated stormwater systems in neighborhoods throughout the city in partnerships with neighborhood
associations and'residents; and
• Modifications to private development design to enhance wildlife corridors in partnership with the developers of
JAM Golf, Highlands Develo pt, and the Cider Mill
ECOS & Municipal Planning Grant funding
Funding from the ECOS and Municipal Planning Grant programs will fund a portion of this overhaul of the
City's Land Development Regulations in City Center and throughout the City, with a special focus on and
evaluation of Form Based Codes as the principal tool. A Request for Proposals was issued on August 29, 2012
to undertake this critical component of the city's Trail to Sustainability project.
t
merchants BANK
Note No. 1 of 1 $440,250.00
City of South Burlington
CURRENT EXPENSE NOTE
Loan Number 1160095350
South Burlington,Vermont September 7,2012
On the July 15,2015 for value received,the City of South Burlington promises to pay to
MERCHANTS BANK,or order, the principal sum of:
FOUR HUNDRED FORTY THOUSAND TWO HUNDRED FIFTY AND 00/100 DOLLARS
($440,250.00)
with interest at the rate of 1.58%per annum,calculated on an actual 365 day year from the date of
original delivery of this note,with principal and interest payable in lawful money of the United States at
the Main Office of MERCHANTS BANK,in the City of South Burlington,Vermont. Principal and
interest may be prepaid in whole or in part prior to the above maturity date.
Borrower will pay this loan in 3 principal payments of$146,750.00 each plus interest.
Borrower's first principal payment is due July 15,2013, and all subsequent principal payments are due on
the same day of each year after that. In addition, Borrower will pay regular annual payments of all
accrued unpaid interest due as of each payment date,beginning July 15,2013, with all subsequent
interest payments to be due on the same day of each year after that. Borrower's final payment is due July
15, 2015,and will be for all principal and all accrued interest not yet paid.
This note is issued to refund an outstanding obligation previously issued to purchase a Pierce
Fire Apparatus/New Aerial Ladder Truck.,pursuant to a resolution adopted by the City Council for the
City of South Burlington at a meeting thereof duly noticed,called and held on September 4,2012.
It is hereby certified and recited that all acts,conditions and things required to be done precedent
to and in the issuance of this note have been done,have happened, and have been performed in regular
and due form as required by law and that the full faith and credit of said City of South Burlington are
hereby irrevocably pledged for the payment of this note,as well as interest at the above-specified rate,
and as may be adjusted.
1
City of South Burlington
Treasurer City Council
1
City of South Burlington
RESOLUTION
CURRENT EXPENSE BORROWING
WHEREAS,the City Council is authorized and empowered to borrow money on the credit of the
City of South Burlington to defray the cost of paying current expenses, imposed by law;and
WHEREAS,it is hereby found and determined that in order to carry out the responsibilities
placed upon the City Council by law,it is necessary and expedient for the City of South Burlington to
meet current expenses; and
WHEREAS,theCity of South Burlington has been and is now providing essential governmental
services and funds are needed to meet expenses relating to the delivery of said essential governmental
services; and
WHEREAS,current funds are not available to pay in full for said current expenses and it is
necessary for the City Council to borrow money on the credit of the City of South Burlington to meet
said current expenses; and
WHEREAS, in order to have funds available to meet current expenses as aforesaid,the City
Council has arranged to borrow$440,250.00 from MERCHANTS BANK,with such borrowing
evidenced by a promissory note as hereinafter set forth.
THEREFORE,BE IT RESOLVED,that the City Council and the Treasurer proceed forthwith to
complete said transaction and issue said evidence of indebtedness to cover the same; and
BE IT FURTHER RESOLVED,that said evidence of debt when issued and delivered pursuant to
this Resolution shall be a valid and binding general obligation of the City of South Burlington,payable
according to the terms and tenor thereof from unlimited ad valorem taxes duly assessed on the grand list
of taxable property in said City of South Burlington,as established by law;and
BE IT FURTHER RESOLVED,that all acts and things heretofore done by the lawfully
constituted officers of the City of South Burlington and its City Council in,about,or concerning the
expenditure of proceeds of the note evidencing the borrowing and the issuance thereof are hereby ratified
and confirmed; and
We, the undersigned City Council and Treasurer, hereby certify that we as such officers have
signed a Current Expense Note(s)numbered 1,dated September 7,2012 and due July 15,2015 with an
interest rate of 1.58%payable as therein set forth and further certify that the note is issued under and
pursuant to this Resolution adopted at a duly noticed and warned meeting of the City Council of the City
of South Burlington held on September 4, 2012.
We the said City Council and Treasurer of the City of South Burlington,hereby certify that we
are the duly chosen,qualified and acting officers as undersigned,that the note is issued pursuant to
authority,that no proceeding relating thereto has been taken other than as shown in the foregoing recital,
that no such authority or action has been amended or repealed,and that there is no litigation threatened or
pending in any state or federal court of competent jurisdiction seeking to enjoin either the issuance of the
above-described note or the expenditures being financed by the proceeds of the same.
We also certify that there has been full and timely compliance with all public procurement,
solicitation and bidding laws,ordinances and regulations with respect to each of the transactions
embodied in this Resolution
We certify also that no litigation is pending or threatened affecting the validity of the note or the
apportionment and assessment of taxes if necessary,to pay the same when due,that neither the corporate
existence nor the boundaries of the City Council,nor the title of any of us to our respective offices is
being questioned or contested.
Further,we hereby certify to and covenant with MERCHANTS BANK,its successors and
assigns, including specifically the transferees,assigns,holders and owners of the above-described note
that:
1. The aggregate principal amount of said note does not exceed the maximum cumulative
cash flow deficit of the City of South Burlington for the term of said note, from date of issue to and
including date of maturity,as computed under Sections 148 (f)(4)(iii)of the Internal Revenue Code of
1986,and the Regulations promulgated thereunder.
2. No proceeds of the note(including investment proceeds thereof)will be used(directly or
indirectly)in any trade or business carried on by any person other than the 1—nor used to make or
finance loans to any person.
3. During the current calendar year, the City of South Burlington will not issue debt of any
sort aggregating$10,000,000.00 or more.
4. The City of South Burlington will file when and as required with the Treasury
Department or Internal Revenue Service information returns relating to the issuance of this note and all
other obligations of the City of South Burlington.
5. The City of South Burlington will comply with,perform,maintain and keep each and
every covenant,representation,certification and undertaking in the accompanying Tax Certificate,
execution and delivery of which is hereby authorized.
City of South Burlington
Treasurer
ATTEST:
Clerk City Council
City of South Burlington
TAX CERTIFICATE
CURRENT EXPENSE BORROWING
We the Treasurer and at least a majority of the City Council of the City of South Burlington,
Vermont(the "Issuer"),hereby certify and represent as follows with respect to the aggregate$440,250.00
Current Expense Note(s)of the Issuer(the "Note(s)"),which Note(s)is dated September 7,2012 and is
payable as therein set forth:
1. The Issuer is issuing and delivering the Note simultaneously with the delivery of this
Certificate.
2. We are the officers of the Issuer charged by law with the responsibility for issuing the
Note.
3. The Note is being issued to refund an outstanding obligation previously issued to
purchase a Pierce Fire Apparatus/New Aerial Ladder Truck.
4. The entire amount borrowed by the issuance of the Note,together with all of such,if any,
amounts previously raised or borrowed for the same purpose,does not exceed the total costs of such
current expenses less all other funds available for the purpose,and all of the proceeds of the Note have
been or are expected to be needed and expended for such current expenses within six(6)months from the
elate of the first borrowing for these expenses.
5. The Note is being issued to a refund note previously issued for the same purpose
described in paragraph (3).
6. Any real and personal property,acquisition of which has been financed by the Note has
not been and is not expected during the life of the Note to be sold or otherwise disposed of for j
consideration.
7. It is expected that any earnings or net profit derived from investment or deposit of the
proceeds of the Note, including transferred proceeds,any accrued interest received upon sale of the Note
and any premium received on the delivery thereof,will be expended for current expense payment
purposes within the period stated in paragraph(4)above to the extent such funds are not commingled for
accounting purposes in the general funds of the Issuer with tax and other substantial operating revenues.
8. The Issuer has not created and does not expect to create or establish any debt service
fund,bond payment reserve,sinking fund,or other similar fund pledged to the payment of the Note or
from which it is expected that payment of the Note would be made.
9. To the best of our knowledge,information and belief,the above expectations are
reasonable.
10. The Issuer has not been notified of any action by the Commissioner of Internal Revenue
to disqualify it as an issuer whose arbitrage certificates may be relied upon.
11. No part of the proceeds derived from the issuance and sale of the Note nor the
expenditures financed by the proceeds of the Note shall be:
a. Used, loaned or otherwise made available to any person or other entity,other than the
Issuer or a governmental body,so as to cause the Note to be classified as a private
activity bond or a arbitrage bond,as those terms are defined under the Internal Revenue
Code of 1986.
b. Used directly or indirectly in a trade or business by any person other than the Issuer or
another municipal entity;
c. Loaned to any person directly or indirectly other than the Issuer;
d. The subject of any contract,lease or agreement of any sort having a term of one year or
more and calling for the payment by the Issuer of consideration other than a flat fee;
e. Expended to finance the construction, alteration or renovation of any improvement the
use,occupancy, availability or beneficial enjoyment of which shall be restricted among
public users thereof or for which preferential, different or unique fees,rates,assessments
or charges shall be levied;
f. Invested in such a manner or for such a period or at a yield to result in the rebate of
interest earnings thereon to the United States under any public law now or hereafter in
effect;
12. The Issuer shall furnish to the United States,or any agency,department or
instrumentality thereof,in a timely fashion,such information as may be required by law with respect to
all evidences or debt now or hereafter issued by the Issuer.
13. Neither the proceeds of the Note,nor any earnings derived from the investment thereof,
shall be expended for the purpose of paying any costs associated with the issuance of the Note.
14. The Note will not be refunded or otherwise paid,defeased or secured by the proceeds of
any form of debt issued by the Issuer, if the manner of such payment,refunding or security,results in the
Note being classified as a"private activity bond"or an"arbitrage bond"within the meaning of Sections
103, 141 and 148 of the Internal Revenue Code of 1986.
15. The proceeds of the Note shall not be invested for a period or at a yield so as to render
the interest payable on the Note includable in the gross income of the holder(s) thereof.
16. The proceeds of the Note will not be used in a manner that will cause the Note to be
"arbitrage bonds"or"private activity bonds"within the meaning of Sections 103(c), 141 and 148 of the
Internal Revenue Code of 1986,and the Regulations promulgated thereunder.
17. The aggregate principal amount of the Note is not greater than the maximum anticipated
cumulative cash flow deficit which has been computed in accordance with the Regulations identified in
paragraph(18)hereof.
18. The Note is declared to be a "qualified"obligation under Section 265(b)of the Internal
Revenue Code.
This Certificate is executed and is beingdeliveredpursuant to Sections 1.103-13, 1.103-14
,and
1.103-15 of the Treasury Regulations under Section 103(c), 141 and 148 of the Internal Revenue Code of
1986,as amended.
t
i
City of South Burlington
Treasurer City Council
U
O% 11, f4
4 f,,, l
City of South Burlington
�B City Clerks Office
V, ff, ,,. Donna Kin vine, City Clerk
September 4, 2012
The following Entertainment/ Special Event permits were approved by the South
Burlington Liquor Control Board once the internal process was completed by the
city Fire, Tax and Police Departments.
Business name Description
Healthy Living wine tasting event (Sept. 29)
Healthy Living Farming event (Sept 30)
Nightmare/So Burl Rotary Picard Circle- Haunted House
(Oct 19,20,25-28, 2012)
Magic Hat Brewing skiing/snowboarding demos
(Nov 10, 2012)
Magic Hat Brewing Octoberfest (Oct 20, 2012)
Rosanne Greco Chair Helen Riehle Vice Chair
Sandra Dooley Councilor Paul Engels Councilor
Pam Mackenzie Clerk
R-7 flnrcnt Strnrt Sni,th Rinrlinntnn VT fl 4 . Rfl2-R4R-41nm rlkinvillp( shnrl rnm
City of outh Burlington
City Merles Office
VOyTEt ofED Donna l(inville, City Cleric
U
September 4, 2012
The following First Class Liquor Licenses were approved by the South Burlington
Liquor Control Board once the internal process was completed by the city Fire,
Tax and Police Departments.
Business name Description
Grand Buffet II Inc First class
Osaka Hana Inc First class
Rosanne Greco Chair Helen Riehle Vice Chair
Paul Engels Councilor Sandra Dooley Councilor
Pam Mackenzie Clerk
/ e,.�l
•
i TO: Vermont Selectboards and City Councils 6' j� v
04, /FROM: Hunter Rieseberg,President VLCT Board of Directo
RE: Voting Delegates at the VLCT Annual Business Meeting
VERMONT LEAGUE
OF CITIES&TOWNS
89 Main Street,Suite 4 As part of TOWN FAIR the Vermont League of Cities and Towns will
Montpelier,Vermont
05602-2948 hold its annual business meeting at the Robert E. Miller Expo Center, the
Champlain Valley Fairgrounds, Expo North A starting at approximately
Tel.: (802)229-9111 2:15 p.m. (or at the conclusion of the luncheon and awards program),
Fax: (802)229-2211 Thursday, October 4, 2012.
e-mail:
info@v1ct.org To assure that all VLCT-member cities and towns are properly represented
and able to participate in the development of the 2013 Vermont Municipal
web: Policy (the Legislative Platform of the Vermont League of Cities and Towns)
www.vtct.org and the election of League officers, we are asking you as your municipality's
legislative body to designate one official from your town as a VOTING
DELEGATE for the meeting. This designation will assure that each town is
heard from and gets only one vote.
Your assistance in informing us of your decision prior to the meeting by
completing and returning the enclosed form will expedite this. However,
designations can be made on the date of TOWN FAIR at the VLCT
Information Booth.
Designated delegates can pick up their credentials card at the VLCT
Information Booth in the Killington Grand Hotel.
ONLY DELEGATES WILL BE ALLOWED TO VOTE AT THE
ANNUAL BUSINESS MEETING!
Please note that this is not a Town Fair registration form. Those who wish to
partake of the rest of the day's activities (workshops, trade show and lunch)
should also complete and return a Town Fair registration form with payment
or register on-line. If you plan to attend only the annual meeting, please check
the appropriate box on the attached voting delegate form.
Sponsor of August 20]2
VLCT Health Trust,Inc.
Enclosure
VLCT Municipal Assistance
Center
VLCT Property and Casualty
Intermunicipal Fund,Inc.
VLCT Unemployment
Insurance Trust,Inc.
SERVING AND STRENGTHENING VERMONT LOCAL GOVERNMENTS
VLCT ANNUAL-BUSINESS MEETING
2:15 p.m. - 4:30 p.m.
Thursday, October 4, 2012
Robert E. Miller Expo Center
Champlain Valley Fairgrounds
Essex Junction, VT
DELEGATE DESIGNATION FORM
We, the Selectboard/City Council of
(City/Town)
designate the following individual as the voting delegate for our city/
town at the 2012 Annual Business Meeting:
(Name, please print) (Position)
We understand that the above individual will represent the city/town
as a voting member of the VLCT membership.
Signed,
(Chairperson)
(Date)
Please complete and return* by Friday, September 14th, to VLCT, 89 Main Street, Suite 4,
Montpelier, Vermont. 05602. If you prefer, you may fax it to us at (802) 229-2211 or bring it
with you to TOWN FAIR.
*Please note that this is not a Town Fair registration form. Visit our website to download a
copy of the attendee registration form or to register on-line www.vlct.org/events-news-
blogs/event-calendar/.
If you plan to attend only the VLCT Annual Meeting,there is no charge. Check here to signify
you will only be attending the Annual Meeting. ❑
August 2012
From: Bob Rusten, Deputy City Manager
To: City Council
Subjects: Analysis of End-of-Year 2012 Unaudited Financials
Date: August 31, 2012
This analysis focuses in on the end of the fiscal year and not the month of June. As of the date of
this memo the unaudited Fiscal Year 2012 General Fund revenues exceed the GF expenditures
by $405,609.88. This surplus takes into account the transfer of$75,000 to an Interim Zoning
Reserve Fund as well as the $250,000 Staff Challenge. And, this figure may be changed through
the official audit process.
As I had mentioned in my previous analysis we had not at that time officially closed the Fiscal
Year 2012 books. They are now closed. In my July 27, 2012 memo to Council I had estimated
that we would end FY 2012 with a General Fund Surplus of$336,060. I had also identified that
there could be a change in this estimated surplus due primarily to the payment we receive in
August for the June and July Local Option Tax (LOT), the final collection of the City property
taxes and whether our estimated additional expenditures were lower or higher.
The June through August LOT was higher than we had anticipated and when we counted the
days for which the payment applied FY 2012 received a higher percentage of the payment than
did FY 2013.
Our final tally on the property taxes collected in FY 2012 also exceeded our projections.
As we continually review the numbers we discovered that some expenses had been charged to
the General Fund which should have been charged to a Grant and we made the appropriate
changes.
Lastly in my July memo I had estimated miscellaneous expenses, FY 2012 expenses not yet
invoiced to us, at about$35,000 and in fact these came in at a lower amount.
Please remember that there will be an audit of these budgets. The final and official numbers will
be contained within the FY 2012 Audit which we expect to receive this December. The audit
will determine whether any of the estimated surpluses identified below might be modified
up or down.
The chart below shows where we ended up in General Fund Revenues and Expenses.
GENERAL
FUND
Revenues
Expenditures 8/29/12 8/29/12
In General In General
Ledger $17,848,866.84 Ledger $18,254,476.72
Estimated
Surplus
$405,609.88
1
Sewer(Water Pollution Control) (Fund 400):
As a reminder, the FY 2012 Sewer Budget was built based on ending with a surplus of over
$550,000. This is part of our 10 year Sewer Reserve plan to help fund the Bartlett Bay project.
As of 7/27/12 the General Ledger unaudited figures indicate that Sewer will end up with a
surplus of around $975,000.
We received no additional FY 2012 revenue after the July 27`h memo while we did receive
additional bills. Therefore we not anticipate that the unaudited surplus in the Sewer Fund to be
$849,842. While this amount is less than the July 27th projected surplus it is still significantly
higher than the surplus we had anticipated ($552,498)when preparing the FY 2012 budget.
Please remember that two reasons for this surplus are the higher than budgeted revenues in the
sewer (connection) hookup fees and a non-recurring payment from the Airport Parkway Project
contractor that helped defray some of the Sewer expenditures.
SEWER
Revenues
Expenditures 8/29/12 8/29/12
In General Unaudited In General
Ledger $2,855,148.15 Estimated Ledger $3,704,990.19
Surplus
$849,842.04
Stormwater(Fund 402):
The Fiscal Year 2012 Stormwater budget was built based on an anticipated surplus of$98,382.
"hhe FY 2013 Stormwater budget was based on a FY 2012 actual surplus of$460,160. The
difference being that in FY 2012 Stormwater would significantly net under spend its Capital
Projects budget line so that money would then stay in the Stormwater Fund to help pay for
projects in FY 2013. Based on this plan Council had approved an early payoff of one of the two
Stormwater Grant Anticipation Notes. Based on our unaudited estimate Stormwater should end
FY 2012 with a surplus of about$493,000. If that holds true through the audit there should be
sufficient carry forward funds from FY 12 to FY 13 to fund the expected projects discussed as
part of the budget process.
As with the Sewer Fund we received no additional FY 2012 revenues while we did receive FY
2012 invoices. These bills reduced the unaudited anticipated surplus to $460,555. The
unaudited surplus is right on target to the amount we had budgeted to carry forward to FY 2013.
STORMWATER
Revenues
Expenditures 8/29/12 8/29/12
In General In General
Ledger $1,426,942.34 Ledger $1,887,497.13
Unaudited Estimated
Surplus
$460,554.79
2
Water(Fund 401)
Our contractor, Champlain Water District, reported in its June Income Statement that the
unaudited FY 2012 figures indicate Water revenues were approximately $41,000 above
expenses. Most of that surplus can be attributed to the Connection Fee Revenue Line. As part of
the FY 2014 budget preparation we will work with CWD to better understand whether the
significant revenue over budget was an anomaly or should that budgeted line be increased in the
future.
No changes from my July 27th memo.
WATER
Expenditures 6/30/12 Revenues 6/30/12
From CWD June From CWD June
Income Statement $2,270,812.00 Income Statement $2,312,149.00
Unaudited Estimated Surplus
$41,337.00
3
100
44.
MEMORANDUM
South Burlington City Council & City Manager
FROM: Kimberly L. Murray, Development Coordinator
SUBJECT: Public Hearing Interim Zoning Application #IZ-12-12 (5-9 Executive Drive) —
DATE: September 4, 2012 City Council meeting
Tonight's initial public hearing is an application for an amendment to a planned unit
development from a two (2) lot subdivision to a three (3) lot subdivision at 5-9 Executive Drive
located in the Commercial 1 District.
The applicant, Bensen Development Company has provided a narrative 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, as well as a proposed subdivision plat dated 7/24/12.
Our understanding is a representative for the applicant, Debra Bell from Trudell Consulting
Engineers will be in attendance at the public hearing on Tuesday.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4131 fax 802.846.4101 www.sburl.com
STATEMENT TO THE SOUTH BURLINGTON CITY COUNCIL -- August 22,2012
Bensen Development is requesting a technical subdivision of the back lot contained
within its Executive Drive PUD. We propose creating a new lot for the existing three
buildings of residential units and another lot for the undeveloped land.
This is for the purpose of refinancing the existing buildings for the long term.
Should we pursue further development of this back lot the financing in place for the
existing buildings would not need to be redone. We would be able to secure financing
now at record low rates and be in a better position to develop the parcel once the new
rules have been set in place.
We had been granted a similar technical subdivision by DRB several years ago but
did not exercise the permit before it expired. At that time we accepted the stipulation
that this change would be "zoning neutral" - not changing the zoning requirements on
the parcels in anyway - but allowing the creation of two lots from one within the PUD.
We would expect the same stipulation to apply here.
Our statement explaining how the proposed development overcomes the
presumption that it will or could be contrary to any amendments to the
Land Development Regulations that the City ultimately adopts that implement the City's
goals of:
I) the adoption of Form Based Code-style regulations for the Williston Road/Dorset
Street/City Center area and possibly other areas of the City
The proposed technical subdivision is "zoning neutral" in this regard.
ii) support of sustainable agriculture;
The proposed technical subdivision is "zoning neutral" in this regard.
iii) support of conservation of open space;
The proposed technical subdivision is "zoning neutral" in this regard.
iv) support of promotion of housing for people of all incomes and stages of life;
The proposed technical subdivision is "zoning neutral" in this regard.
However, this technical subdivision would make the development of
residential housing simpler in the future.
v) other aspects of the Purpose statement in Section I of Interim Bylaw.
The proposed technical subdivision is "zoning neutral" in this regard.
•
In addition, the proposed technical subdivision will not result in an undue adverse effect
on:
A. The capacity of existing or planned community facilities, services, or lands.
The proposed technical subdivision requires no increase of capacity of
existing or planned community facilities, services, or lands .
B. The existing patterns and uses of development in the area.
The proposed technical subdivision makes no changes to the existing
patterns and uses of development in the area.
C. Traffic on roads and highways in the vicinity.
The proposed technical subdivision makes no changes to traffic on
roads and highways in the vicinity.
D. Environmental limitations of the site or area and significant natural resource
areas and sites.
The proposed technical subdivision makes no changes to the
environmental limitations of the site or area.
The proposed technical subdivision makes no changes to significant
natural resource areas and sites.
E. Utilization of renewable energy resources.
The proposed technical subdivision makes no changes to the
utilization of renewable energy resources.
E. Municipal plans and other municipal bylaws, ordinances, or regulations in
effect.
The proposed technical subdivision fits municipal plans and other
municipal bylaws, ordinances, or regulations in effect.
The proposed technical subdivision also fits well with the Form Based
plans currently under study.
Craig Bensen
Bensen Development
1 Executive Drive
South Burlington,VT 05403
Rent1@Bensen.biz
Bensen.biz
Cell -802-238-3982
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