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AGENDA
SOUTH BURLINGTON CITY COUNCIL
575 Dorset Street
SOUTH BURLINGTON, VERMONT
Executive & Continued Deliberated Session 2:00 p.m. Thursday, July 26, 2012
Consider entering executive session to discuss personnel, contract negotiations and litigation and
continue deliberative session on Interim Zoning applications (if needed).
Regular Session - as soon as possible after Executive Session Thursday, July 26, 2012
1. Agenda Review: Additions, deletions or changes in order of agenda items.
2. *** Review Library Charter Language, consider adoption of language and consider scheduling public
hearings August 27, 2012 and September 4, 2012.
3. *** Review City Clerk Charter Change Language, consider adoption of language and consider
scheduling public hearings August 27, 2012 and September 4, 2012.
4. Consider entering executive session for discussion of personnel matters and litigation and continue
deliberative session on Interim Zoning applications (if needed).
5. Adjourn.
Respectfully Submitted:
Sanford I. Miller
City Manager
*** Attachments Included
### Attachments Sent Separately or Previously
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South Burlington City Council Meeting Participation Guidelines
City Council meetings are the only time we have to discuss and decide on City matters. We want to be as open and
informal as possible;but Council meetings are not town meetings. In an effort to conduct orderly and efficient
meetings,we kindly request your cooperation and compliance with the following guidelines.
1. Please be respectful of each other(Council members,staff,the public).
2. Please raise your hand to be recognized by the Chair. Once recognized please state your name and address.
3. Please address the Chair and not other members of the public,staff,or presenters.
4. Please abide by any time limits that have been set. Time limits will be used to insure everyone is heard and
there is sufficient time for the Council to conduct all the business on the agenda.
5. The Chair will make a reasonable effort to allow everyone to speak once before speakers address the Council a
second time.
6. The Chair may ask that discussion be limited to the Councilors once the public input has been heard.
7. Please do not interrupt when others are speaking.
8. Please do not repeat the points made by others,except to briefly say whether you agree or disagree with others
views.
9. Please use the outside hallway for side conversations. It is difficult to hear speaker remarks when there are
other conversations occurring.
Public Sign- In
July 26, 2012 City Council Meeting
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NOTICE OF PUBLIC HEARINGS
ON PROPOSED CITY CHARTER AMENDMENTS
CITY OF SOUTH BURLINGTON
The Council of the City of South Burlington hereby gives notice
that public hearings will be held on August 27, 2012 at 6 : 00 PM
and September 4 , 2012 , at 6 : 00 PM and to be held at the South
Burlington City Hall at 575 Dorset Street to consider proposed
amendments to the charter for the City of South Burlington.
PROPOSED CITY CHARTER AMENDMENTS
Shall the voters amend the following sections of the City
Charter as indicated:
§ 13-2005 . City Library Department
(a) The South Burlington Community Library shall be a
department of the City of South Burlington.
(b) There shall be a Library Director, who shall be chosen and
serve as a City department head. The City Manager and Library
Trustees shall collaborate regarding appointment or removal of
the Library Director. Final appointment and removal authority
is vested in the City Manager. The City Manager shall be
responsible to evaluate the performance of the Library Director:
the City Manager shall seek input from the Trustees .
(c) The Trustees, with the advice of the Library Director, are
responsible for proposing to the City Manager the appropriation
of City revenues the Trustees believe are necessary to fund
Library operations . The Library Trustees, in consultation with
the Library Director, shall have authority to make, adopt,
modify and repeal non-fiscal Library policies such as content of
Library collections .
(d) Except as otherwise provided, the Library Trustees shall
serve as an advisory body to the City Council on areas such as
the Library' s mission, location and facilities, including
fundraising to support these areas . The City Council and/or
City Manager may seek input from the Trustees prior to
implementing any action that would have a material effect on the
Library' s operations, policies or procedures .
(e) The Library Trustees shall have exclusive authority to
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adopt, amend and repeal bylaws which do not impact Library
finances, which concern the meeting schedule for Trustees and
which relate to activities necessary to meet the advisory
requirements of this Charter language. Bylaws cannot be in
contradiction to the requirements or intent of this Charter.
Dated at South Burlington, Vermont this , day of July, 2012 .
CITY OF SOUTH BURLINGTON
Sanford Miller,
City Manager
Received and posted this day of July, 2012 .
Donna Kinville,
City Clerk
Notice 2012.wpd
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1. The first MOU is intended to clarify the language in the proposed Charter Change and explains
how some of the issues related to the Charter Change would actually work. The draft MOU
addresses concerns and questions the Trustees' had. The MOU also allows the Charter Change
to be as simple as possible and allow flexibility between the Trustees, Council and
administration going forward.
2. The second MOU is the "interim" implementation agreement which says, basically,that the
Trustees and Council will work on the basis of the proposed Charter Change language and MOU
going forward until and unless the Charter Change is not implemented.
This morning, following a ninety minute discussion which I attended and participated in,the proposed
Charter Change and first and second MOUs were approved unanimously by the Trustees(5-0)with
Nancy Simson absent. Also, the head of the Friends was present and supported the Charter Change and
MOUs and suggested this would allow everyone to refocus on the goal of the new library. I don't think it
could have gone better.
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Sa.riaxa'"Sacs4' 71alez
ICMA -Credentialed Manager
City Manager
City of South Burlington
575 Dorset Street
South Burlington,VT 05403
Tel: 802-846-4107
Fax: 802-8,1 6-4101
E-mail: smiIler, sburi.com
W'ebsite: www.sburl.com.
Memorandum of Understanding Clarifying Intent Language of
South Burlington Community Library 7/26/12 Charter Change
1. When conducting Library Director Performance Evaluation City Manager will share verbally with
Trustees the City Manager's impressions of Director's performance. (Clarifies intent in Paragraph B of
7/18 Charter Change Language)
2. When the initial draft budget proposal is submitted by the Library Director to the Deputy City Manager,
and for all subsequent draft proposals, each proposal must have been approved by the Trustees and
signed by Trustee Chair or Vice Chair.
(Clarifies intent in Paragraph C of 7/18 Charter Change Language)
3. The Deputy City Manager(DCM) shall arrange, at least annually, a meeting between the Library
Trustees and the Blanchette Fund Manager to review the status of the Fund.
(Clarifies intent in Paragraph C of 7/18 Charter Change Language)
4. At least quarterly the DCM will make a copy of the Blanchette monthly statement which will be sent to
the Trustees.
(Clarifies intent in Paragraph C of 7/18 Charter Change Language)
5. Donations to the Library will be deposited in a bank account separate from the General Fund bank
account and maintained by the City.
(Clarifies intent in Paragraph C of 7/18 Charter Change Language)
6. Any expenditure to be made out of the Library Donation account or the Blanchette Fund must be
approved, in writing, by the Trustees prior to continuing through the financial management process as
part of the City's purchasing policies and procurement procedures.
(Clarifies intent in Paragraph C of 7/18 Charter Change Language)
7. In the event the City will implement an action that will have a material effect on the Library's operation,
policies or procedures the City Manager shall, except in cases of emergency, inform the Trustees prior to
said action.
(Clarifies intent in Paragraph D of 7/18 Charter Change Language)
8. If there are instances where prior to the City implementing an action that will have a material effect on
the Library's operation, policies or procedures no input was sought from the Trustees, and it was not an
emergency situation, the Trustees shall inform the City Council of said fact.
(Clarifies intent in Paragraph D of 7/18 Charter Change Language)
Authorized and signed by the parties as follows:
For the City Council, Rosanne Greco, Chair Date
•
For the Library Trustees, Nancy Simson Date
•
Sanford Miller, City Manager Date
7/24/12
Memorandum of Understanding Between
South Burlington City Council,
South Burlington Community Library Trustees and
South Burlington City Manager
The following shall constitute an interim agreement between the South Burlington City Council
the South Burlington Community Library Trustees and the South Burlington City Manager.
From July 26, 2012 and continuing until final approval of the mutually agreed upon Charter
Change language related to the South Burlington Community Library, or defeat of same either
by the voters or failure of the General Assembly to pass similar language, the South Burlington
City Council, South Burlington Community Library Trustees and City Manager agree that all
three entities shall function in a manner regarding roles, responsibilities, task and actions as if the
proposed 7/26/12 Charter language has been enacted into law.
Additionally, during this time period the City Council, Library Trustees and City Manager shall
also function under the provisions of the Clarifying Intent Language Memorandum of
Understanding between the City Council and Library Trustees.
The City will provide all administrative support provided to the Library.
Until the actual Charter Change language is enacted into law the City Administration will only
have the authority to make recommendations to the Trustees regarding matters of discretion and
policy. The Trustees would then have to approve such City Administration recommendations.
Under the terms of this Memorandum of Understanding the Library\Trustees affirm that it is
their intent to approve all recommendations and actions taken by City Council and City
Management unless the Trustees have significant disagreement with any recommendation or
action.
If the specific 7/26/12 Charter change language is not enacted into law then both this MOU and
the Clarifying Intent Language MOU shall become null and void.
Authorized and signed by the parties as follows:
For the City Council, Rosanne Greco, Chair Date
For the Library Trustees, Nancy Simson Date
•
Sanford Miller, City Manager Date
7/24/12
o ,
NOTICE OF PUBLIC HEARINGS
ON PROPOSED CITY CHARTER AMENDMENTS
CITY OF SOUTH BURLINGTON
The Council of the City of South Burlington hereby gives notice
that public hearings will be held on August 27, 2012 at 6 : 00 PM
and September 4 , 2012 , at 6 : 00 PM and to be held at the South
Burlington City Hall at 575 Dorset Street to consider proposed
amendments to the charter for the City of South Burlington.
PROPOSED CITY CHARTER AMENDMENTS
Shall the voters amend the following sections of the City
Charter as indicated:
§ 13-301. Officers; general provisions
The officers of the City of South Burlington shall be those
provided by law for towns, except as otherwise provided by this
charter. The officers shall have all the powers and duties
necessary to carry out the provisions of this charter as well as
those provided by law that are not in conflict with this
charter. The offices of fence viewer, weigher of coal, and
inspector of lumber shall be abolished.
(1) The officers of the South Burlington school district shall
continue to be those provided by law for school or school
districts; provided, however, that the school directors shall
hold no other school district or city office with the exception
of the board of civil authority, the board of abatement, and as
provided otherwise in this charter. When a vacancy occurs on the
Board of School Directors, the remaining members of the Board
may fill the vacancy until the next annual meeting when the
school district shall fill the vacancy.
(2) The council by majority vote of all its members shall
appoint annually the city treasurer, whose office shall be no
longer elective and the city attorney, zoning administrator,
auditor, first and second constable, grand juror, city agent,
and Trustee of Public Funds .
(3) The city clerk shall be an elective office with a term of
three (3) years through the Annual City Meeting to be held in
2014 . Commencing in 2014 , the council by majority vote of all
its members shall appoint annually the city clerk, whose office
shall no longer be elective .
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§ 13 -1701. Appointment and removal
(a) All city employees not cicctcd by the votcr3 shall be
appointed, supervised and removed by the city manager unless
otherwise specified in this charter. There shall be no
discrimination in employment on account of race, religion, or
political affiliation. Appointments, layoffs, suspensions,
promotions, demotions and removals shall be made solely on the
basis of training, experience, fitness and performance of duties
of the individual , in such manner as to ensure that the
responsible administrative officer may secure efficient service.
§ 13-310 . Powers and duties
(a) The members of the council shall be and constitute the
legislative body of the City of South Burlington for all
purposes required by statutes and except as otherwise herein
specifically provided, shall have all powers and authority given
to, and perform all duties required of city legislative bodies
under the laws of the State of Vermont .
(b) Within the limitations of the foregoing, the council shall
have the power to:
Subsections (1) - (8) omitted
(c) The council shall approve the budget of the city for
submission to the voters, as provided herein.
(d) Sub-section (a) notwithstanding, members of the council
shall be disqualified from participation in election matters
before the board of civil authority and shall not be counted for
purposes of establishing a quorum of the board for acting on
such matters .
Dated at South Burlington, Vermont this , day of July, 2012 .
CITY OF SOUTH BURLINGTON
Sanford Miller,
City Manager
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Received and posted this day of July, 2012 .
Donna Kinville,
City Clerk
Notice 2012.wpd
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