Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda - City Council - 07/02/2012
.0 4, . VU.flMONI AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall 575 Dorset Street SOUTH BURLINGTON, VERMONT Executive & Continued Deliberated Session 5:00 p.m. Monday, July 2, 2012 Consider entering executive session to discuss personnel, contract negotiations and litigation and continue deliberative session on Interim Zoning applications. Regular Session 6:00 p.m. Monday, July 2, 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. 4. Consent Agenda: a. **' Approve Minutes from May 8 (revised)June 4 and 11, 2012 b. *** Sign Disbursements. c. *** Consider approval of Homeland Security Grant Program — Narrowbanding —$7,200— d. SBPD. e. '*' Consider approval of Homeland Security Grant Program - Digital P25 Radios - $10,521 - SBPD. f. *'* Consider approval of U.S. Department of Justice— Bullet Proof Vest Partnership Grant Application.- $1,048.50— SBPD. g. '*' Consider approval of Homeland Security Grant Program —Water Rescue Training Reimbursement—$3,301.32 for SBFD. h. *** Consider approval of Homeland Security Grant Program —Water Rescue Equipment-... $29,721.70 — SBPF. '** Consider approval of State of Vermont Community Development Program Grant Application. j. *** Consider approval of Entertainment permits for: • GE Healthcare Picnic at Dorset Park- July 24 • All Breed Rescue at 18 Lime Rock Rd- July 14. 5. *** Continue Public Hearing for Interim Zoning application #IZ-12-05 of Joel S. White & Heidi Boncher, 315 Dorset Heights, to construct: 1) a 2000 sq. ft. 2-story addition to a single family dwelling; and, 2) a 1,064 attached garage and connector (Kimberly Murray, Development Coordinator and Paul Conner, Director of Planning and Zoning). 6. *** Interviews with candidates for appointments to boards, committees & commissions (City Councilors and applicants). 7. Announce Possible Council Decisions on #IZ-12-01 — NEFCU and #IZ-12-02 — Umall (Kimberly Murray, Development Coordinator and Paul Conner, Director of Planning and Zoning). 8. Other Business a. Any items held from the Consent Agenda b. Any items Council may wish to place on a future agenda: i. George Maille request regarding noise consultant, ii. George Maille request regarding demolition LDRs. iii. Joe Randazzo request regarding an anti-idling ordinance. iv. Any other items? c. Other? 9. Consider entering executive session for discussion of personnel matters and litigation and continue deliberative session on Interim Zoning applications (if needed). 10. Appointments to boards, committees and commissions (City Councilors). 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. JOINT CITY COUNCIL/LIBRARY BOARD OF TRUSTEES 8 May 2012 The South Burlington City Council and Library Board of Trustees held a joint meeting on Tuesday, 8 May 2012, in the Conference Room, City Hall, 575 Dorset Street. Meeting convened at 5 p.m. City Council Members Present: R. Greco, Chair; S. Dooley, P. Engels, P. Mackenzie, • H. Riehle Library Board of Trustees Members Present: J. Kochman, Chair; J. Pasakow, M. Canon, C. Sheffield, F. Scanlon, N. Simson, Also Present: S. Miller, City Manager; R. Rusten, Deputy City Manager; L. Murphy Librarian; J. Klesch, N. Simpson, M. Esposito, B. Gardner, J. Simson 1. Agenda Review: No changes were made. 2. Comments & Questions from the Audience, not related to Agenda items: No issues were raised. 3. Discussion regarding Library Governance: Ms. Kochman said that the last e-mail she received indicated the City Council wanted to hear from the Library Board regarding issues. She also thanked the Council for allowing John Klesch to meet with the Board to provide some guidance. Ms. Kochman also noted they had asked for guidance from Rob Geisler at the Vermont Department of Libraries. He suggested they develop a Memorandum of Understanding with the city. He explained the Hartford decision and what authority the Library Board had. Ms. Kochman went on to explained that they had a Finance and a Personnel Committee which had been dormant because of other commitments. She proposed that the heads of those 2 committees form a transition committee. That committee met last Friday to discuss how the process will go so that the Library can be comfortable with the city and so they can come into compliance. Ms. Kochman then presented a set of Resolutions for the Council to consider and a list of questions for the Council to answer over time. She noted that when the committee was looking at the by-laws, there was nothing that said how the Library was established. She then began exploring this, and what she came up with was the Library does exist under State Statute but that it is nowhere in city records. CITY COUNCIL/LIBRARY BOARD OF TRUSTEES 8 MAY 2012 PAGE 2 Resolution#1 would recognize that the Library does exist under State Statute (22VSA141) and would establish that the Library Board of Trustees exists under State Statute(22VSA143). The Resolution further states that the Board of Trustees resolves to create a Memorandum of Understanding and that the city will oversee the Library until then. Ms. Kochman said it is there intention to continue to meet regularly with the city to cooperatively develop this Memorandum. Ms. Canon said they feel they have a lot of work to do and need help but don't know how to ask for that help. She asked if there is a way to form a committee. After much discussion regarding the best role for the Trustees many of the Trustees stated that they preferred that the Library remain a department of the City and the Trustees be primarily an advisory Board to the City Council. Councilor Dooley suggested that one way to achieve this outcome within statutory and Court requirements is to enact a City of South Burlington Charter change stating that the Library is to function as a department of the City, that the library employees will continue to function as City employees with management similar to all other City employees, that the Trustees will have authority over non-financial internal Library polices such as materials acquisition and that in all other ways the Trustees will be an advisory group to the City Council. After much discussion all Council and Trustees present endorsed this direction. Regarding management oversight and assistance the City Administration stated their willingness to continue this function once a package of actions are finalized. This package included: agreement between Council and Trustees on Charter change language that has the Library functioning as a city department (with clear language on Trustee authority related to library operations); a signed MOU between the City and Trustees that spells out the City's authority and responsibilities in the interim until the agreed-to Charter change is enacted into law; a vote of the Trustees that while the MOU is in place it is the intent of the Trustees to approve all the City's actions and recommendations regarding library management (unless the Trustees have a significant disagreement with a specific action or recommendation); and finally the Trustees ratifying all previous Council and Administration votes regarding the Library. Bob Rusten repeated the terms of the discussion and package of actions needed. After much discussion Councilor Greco asked all the Trustees and Councilors present if this package was the right direction and all appeared to nod their heads in agreement. No one spoke out in opposition. There was some discussion as to whether a formal voted needed to be taken and it was finally decided that the agreement expressed at the meeting was sufficient. Going forward there was expressed agreement that the Library Director and Deputy City Manager would work with the City Attorney to draft Charter change language reflecting what had been discussed at this meeting. The City Attorney will draft the "ratification of past decisions" language and forward to the Trustees. The Trustees in some format are to formally vote on the "intent" language. Once this is complete the Library Director, Deputy City Manager and City Manager would draft a MOU regarding the administrative responsibilities the City would perform during the interim period. Councilor Greco once again asked for and received verbal confirmation from Trustees and Councilors that this plan seemed to make sense. The two Boards also discussed that the process needed to move forward at a pace so that the proposed Charter change language could be on the November, 2012 General Election ballot. Trustees and Councilors expressed appreciation that the meeting was productive and that a direction was established. Councilor Riehle motioned to adjourn the meeting, seconded by Councilor Mackenzie. The meeting adjourned at 6:40 p.m. CITY COUNCIL 4 JUNE 2012 The South Burlington City Council held a regular meeting on Monday, 4 June 2012, at 5:00 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: R. Rusten, Deputy City Manager; I. Blanchard, Project Manager; S. McIntyre, H. Trembley, P. &R. Nowak, B. Stuono, M. Young, J. Oleski, S. Brennan,P. . Stabler, S. Chapman, D. Cummings, S. Baker, D. Deslauriers, M. Hershberg, B. Melizia, D. Leban, J. Kochman, E. Dates, L. Janes, F. Mackin, T. Tapley 1. Executive Session: Ms. Riehle moved the Council meet in executive session to discuss contract negotiations, personnel and litigation, and to continue deliberations on interim zoning applications. Mr. Engels seconded. Motion passed unanimously. Regular Session: 1. Agenda Review: A discussion of the proposed Charter change regarding the Library was added as Item #12. 2. Comments & Questions from the Audience, not related to Agenda items: No issues were raised. 3. Announcements & City Manager's Report: Mr. Rusten: Since the Council meeting dealing with the Holmes Road/railroad crossing issue, staff has been meeting with the Agency of Transportation to try to solve the problem. When Mr. Miller returns, there will be a meeting scheduled with the affected homeowners. Ms. Riehle: Represented the city at a press conference supporting the Triathlon. The bicycle course runs through South Burlington. This is a 2-day event with about 5000 contestants. This is probably the last time for many years that the event will be held in Vermont. It is a great economic boost to the area. Mr. Engels: Met with Paul Conner and Tim Duff regarding a form based codes committee. The thinking is to combine this with a City Center committee. Ms. Greco: Attended an Interfaith meeting where there was discussion about regional CITY COUNCIL 4 JUNE 2012 PAGE 2 needs for the future. The F-35 issue also came up. Also attended an ECOS meeting in Shelburne. 4. Consent Agenda: A. Approve Minutes of 30 April, 14 May, 15 May and 21 May 2012 B. Sign Disbursements C. Consider approval of Resolution Establishing the Pricing Structure for Recreation Programs and Park Facilities D. Consider approval of Resolution to Transfer Appropriations Members agreed to remove the Minutes of 21 May and the Resolution to Transfer Appropriations from the Consent Agenda. Ms. Dooley then moved to approve the Consent Agenda minus the 21 May Minutes and the Resolution to Transfer Appropriations. Mr. Engels seconded. Motion passed unanimously. 5. Continue hearing on Interim Zoning Application #IZ-12-01 of New England Federal Credit Union for a planned unit development to: 1) raze an existing office building, and 2) construct a 3,920 sq. ft. drive-in bank facility, 1000 Shelburne Road: Mr. Oleski indicated they had addressed the Interim Zoning issues in writing. He questioned how the process will play out. Ms. Greco said the Council just had a deliberative session prior to this meeting. They will either close or continue the hearing. If it is closed, the Council will have 45 days to render a decision in writing. Ms. Dooley then moved to close the public hearing on IZ-12-01 of New England Federal Credit Union. Mr. Engels seconded. Motion passed unanimously. 5. Continue hearing on Interim Zoning application #IZ-12-02 of University Mall, LLC, to 1) raze an existing commercial building, and 2) construct a 6,000 sq. ft. building to be used for shopping center use, 205 Dorset Street: No issues were raised. Mr. Engels moved to close the hearing on IZ-12--02 of University Mall, LLC. Ms. Riehle seconded. Motion passed unanimously. CITY COUNCIL 4 JUNE 2012 PAGE 3 7. Presentation and Council Approval of CSWD Proposed FY 2013 Budget: Mr. Stabler noted that so far all member towns have approved the budget. He added that there is no assessment from the District to member towns as CSWD is self-supporting. Mr. Stabler said the budget reflects continuing efforts to focus on waste reduction. Operating expenses are down slightly and revenues are up slightly. There will be money taken from the reserve fund for one-time projects including a transition for the retiring General Manager and for landfill design. There are possible personnel additions including a full time person in composting, a full time beta/IT person, and a half time person in waste reduction. Until there are definite plans, these hirings won't be committed to. CSWD is following the CPI for salary increases (3.5%) plus a 1% step increase where appropriate. Employees pay 11% of their health insurance costs. CSWD has no debt service at this time. The expectation is that tipping fees will see a slight increase. Haulers are now paid for recyclables. The capital budget anticipates an upgrade to the Materials Recovery Facility($!.5MM from the capital reserve). There will also be improvements at the 2 drop-off centers and a proposal to create a mobile drop-off center. CSWD is considering the possible purchase of land adjacent to the landfill in Williston for storm water management. They would have to bond for this. Ms. Riehle asked whether the new personnel would generate more income. Mr. Stabler said that was unclear at this time. They anticipate that they will break even with composting or even be ahead in the future. Ms. Dooley asked if there will be enhancements to the South Burlington drop-off center. Mr. Stabler believed there will. There will be a new compactor at that location. It was noted that in regard to the earlier presentation about a more unified trash collection system, that when Casella moves in they drive everyone out by undercutting prices. Then they raise the rates. Mr. Stabler noted that Casella has competition with Myers, and no problem is anticipated. Ms. Greco asked about recycling rates in the area. Mr. Stabler said there are different CITY COUNCIL 4 JUNE 2012 PAGE 4 components of what gets diverted. The diversion rate is close to 50%. They are hoping to increase this. Ms. Greco asked if there has been any thought to paying for recyclables. Mr. Stabler said trash haulers are paid for recyclables at$10.00 a ton. There is no authority to tell haulers they have to pay the homeowners for recyclables. Mr. Stabler also said they would like to implement a"pay as you grow" system by which people would pay for more bags of trash. This could get people to recycle more. Ms. Riehle then moved to approve the FY2013 CSWD budget as presented. Ms. Mackenzie seconded. Motion passed unanimously. 8. Interview with Candidates for Appointments to Boards, Committees and Commissions: The Council interviewed the following candidates: a. Spencer Baker - Pension Advisory Committee Mr. Baker is currently on the Committee and reviewed the Committee's accomplishments. He has attended all meetings. He noted that in instances where his opinion differed from the city's position, he would make his case and then go with the majority of the committee. b. Donald Cummings: Energy Committee Mr. Cummings said he has been interested in energy for many years. He felt there is a lot the city can do and noted the Committee's light bulb exchange program and the move for weatherproofing of condos. He is currently on the Committee and has attended at least 75% of the meetings. In the instance of differing opinions, he would go with the group. Mr. Cummings suggested adding more members to the Committee because this would enable them to do more projects. He felt 10 would be a good number (there are now 7) c. Elaine Dates: Library Board of Trustees Believes libraries are the great economic equalizers. Previously served on the Pierson Library Board in Shelburne. Felt that if you get to the point of educating people, you will eventually get to an agreement. She also felt it is dangerous for a group to take a stand and that personal views can't enter into decisions. CITY COUNCIL • 4 JUNE 2012 PAGE 5 d. David Deslauriers - Airport Commission: Would hope to bridge the community and Airport going into the future and felt he has the organizing and team work skills to help accomplish this. Felt that if he does his work well, he will have brought to the group his best efforts toward making a decision. Mr. Deslauriers felt the major Airport issues are the continuing collapse of the surrounding areas, the economic struggle, and the lack of public support for the Airport's proposed future ventures (road extension, etc.). He supports the City Council's decision regarding the F35s. He felt the sound profile needs more work and that there are people capable of doing this. He was also concerned with safety issues. e. Mike Hershberg: Red Rocks Park Committee: Has previously worked with Burlington Parks and downtown projects. Would also consider the Leisure Arts Committee. In cases of disagreement, he would present his case and then get in line with the rest of the Committee. f. Linda Janes - Recreation and Leisure Arts Committee: Likes the Committee's Mission Statement and wants to be part of that. Has not previously served on any city committees. In cases of disagreement, she would present her position and go with the majority. g. Jennifer Kochman - Library Board of Trustees: Noted the Library has established an Advocacy Committee to present a case for a separate community Library. Has been Chair of the Library Board for 2 years, has missed maybe one meeting. Feels a Board should reach consensus and all members should support that. h. Donna Leban - Recreation Path Committee: Has served on the Committee for 3 years. Noted the Committee is tracking the rights of way given to the city. She feels history with the Committee is helpful in going forward. Noted the Committee hopes to get its budget back again. In issues of disagreement, she would present her side and go with the majority vote. i. Francine Mackin - Correctional Facility Committee Has a background in education and law. Has served as Justice of the Peace in CITY COUNCIL 4 JUNE 2012 PAGE 6 Colchester and Charlotte. Is now on the Chittenden County Court Diversion Board. Would have no problem attending meetings. Is used to working as a team and would do so on this committee. Ms. Mackenzie noted that the United Way has recently drafted a document identifying a significant number of problems with prisons. She will share this with the Committee. j. Betty Melizia-Natural Resources Committee: Lives next to Wheeler Nature Park and is passionate about that. Joined the Committee to help work on a vision for that Park. Has worked in public policy and is familiar with the committee process. k. Pat Nowak - Airport Commission: Feels that if something is happening in your backyard, it is best to be in on the planning than to say"I didn't know." Has been on the Board of Civil Authority for 10 years as an involved participant. Served as a Governor's appointee on the Environmental Board and felt that was a great experience for learning to listen and weigh out a decision. She would hope to bring forth South Burlington's position and listen to all the pieces to come up what is best for all. She cited the importance of transparency and not having the dialogue cause problems. She feels that if the dialogue is kept open, the voice of reason will prevail. With regard to Airport issues, Ms. Nowak cited the need to look at the 2030 vision and changing traffic patterns. She feels the problem with traffic in front of the Airport is not acceptable. She did not think it is reasonable to think the Airport would fund the insulation of people's homes to address noise issues. She was disappointed with the F-35 decision as she felt it was premature. 1. Tracy Tapley- Planning Commission or Library Board of Trustees: Believes libraries are the "hub of involvement."Also believes in lifelong learning. Is the past president of a homeowners association and now serves on that Board. Feels that decision making starts with communication and respect. She would adhere to a democratic process. m. Peter Taylor- City Charter Committee: Has been on the Committee since 1984 and is now Chair of the Committee. Also serves as Chair of the Board of Civil Authority. In instances of disagreement, would do CITY COUNCIL • 4 JUNE 2012 PAGE 7 the best job of separating the issue from personal opinion. Mr. Taylor noted that the Charter Committee has not had a response from the Council regarding the report it gave them in February and Committee members have been asking about this. 9. Consider a'Request to Approve an Amendment to the South Burlington New Town Center Boundary: Ms. Blanchard noted the amendment would include a parcel that is now divided so that it is now no longer divided. This could be an issue when the application is submitted. Ms. Blanchard noted the New Town Center is a smaller area than the area being considered for form based codes, but it is as large as it is allowed to be. This is the area in which the city can apply for a TIF district. Ms. Riehle moved to adopt the Amendment as presented. Mr. Engels seconded. Motion passed unanimously. 11. Review Draft Letter Regarding the City Council's Disapproval of F-35 Beddown at Burlington International Airport: Ms. Riehle said she supported taking the position that the city has concerns that need to be articulated. The city was asked to respond to environmental impacts and she saw the Council's role to be most concerned with that. She didn't feel the Council was in a position to say this is or is not a strategically good place to be. She added that if the Council doesn't raise the environmental impact issue, no one else will. Ms. Greco said she spoke with Nick Germanos and asked if people's comments matter. He said he has never received as many comments as he has on this issue. They are overwhelmed with comments and questions. They will answer all questions but maybe not before a decision is made. Winooski has asked for coordinates (data points) and will get them. Mr. Engels said he thinks this is a preferred site because there are fewer commercial flights and there is access to the ocean. He added the he was concerned with safety issues. He questioned why the Air Force would change its policy of giving the Guard "hand me downs,"That won't be the case with the F35s. This would be a first generation plane with people learning to fly it and maintain it in a very populated area. Ms. Mackenzie said she was confused by different statements lifted from the EIS. She CITY COUNCIL 4 JUNE 2012 PAGE 8 felt it went from a national document to a local one. She felt the most germane questions were environmental. She also didn't feel there was enough support for the Guard in responses to the EIS. Ms. Riehle said there are 2 avenues to pursue: environmental concerns and a statement regarding noise mitigation issues that to be addressed, Ms. Greco said the Air Force is not responsible for mitigation. Ms. Riehle said that is still the responsibility of our legislators. Ms. Greco said she listened to the Winooski and Burlington F35 discussions. One Winooski resident said there were mathematical errors. There is definitely incorrect census data. She suggested getting together with Winooski, Colchester and Burlington people who have expressed an interest. Ms. Riehle said she wasn't opposed to this but raised an issue of timing since a response to the EIS must be postmarked by 20 June. Members generally supported such a meeting. Ms. Greco said she would put together the ideas raised tonight and circulate a draft of a response letter to members prior to the next meeting. 11. Discussion of Possible Steering Committee Meeting on 20 June, 6 p.m., at Tuttle Middle School: A majority of members said they were not free for a meeting at that time. 12. Library Charter Change: Ms. Greco said she prepared a draft of a proposed Charter change. Mr. Rusten read the proposed language and said it has been seen by the City Attorney. Ms. Mackenzie moved to forward the draft to the Library Board. Ms. Riehle seconded. Ms. Kochman said there was confusion among Library Board members. People wanted to be sure that their benefits would continue. Mr. Miller had told them everything was OK until the end of FY13. There was also discussion of interest in a Charter change, but she wasn't sure who would do this. The Library Board has been looking into by-laws and charters of other libraries and are still in the preliminary steps. They would like to take their time and make sure what happens will serve the Library in the long run. Ms. Greco said they will get the draft language which they can take to the Board for a response. 4 CITY COUNCIL 4 JUNE 2012 PAGE 9 13. Other Business: It was noted that Rick Hubbard has raised the question of funding for the Rec Path Committee and whether the Council wants to discuss this. Mr. Rusten noted that the Council will be getting a Capital Improvement Policy which will include ways for committees to get their interests/ideas heard. He suggested the Council may want to deal with this policy before responding to Mr. Hubbard. Minutes of 21 May 2012: It was noted that on p. 5, 6th line down,the sentence should read"...not suitable for residential use." On p. 3, the unidentified speaker was Lt. Col. Caputo. Other typographical errors were identified. Ms. Riehle moved to approve the Minutes of 21 May 2012 as amended. Ms. Mackenzie seconded. Motion passed unanimously. Resolution to Transfer Appropriations: Mr. Rusten explained that they had anticipated using some reserve fund money to replace the HVAC system in City Hall. If this money is not transferred, it would not be usable in FY13. The plan is to move$40,000 into a specific reserve fund where it will carry over to be used in FY2013. The HVAC system will cost more, but there are grants and other funds to cover the additional cost. Ms. Greco said they were told there could be $280,000 in surplus funds. She asked where that money is. Mr. Rusten said they are comfortable there will be surplus,but are not comfortable providing a number as yet. They should know by the end of June if there will be a surplus. Ms. Greco asked why that money can't be used for interim zoning. Mr. Rusten said it is to be used for"unexpected expenses." Members agreed to defer action on the transfer. Affordable Housing Committee: Ms. Dooley said that everyone that had been recruited by Jim Knapp will be continuing on the Committee along with others that she has recruited. The list of nominees will come to the Council along with a vision statement, etc. Mr. Engels said there is no sense having both a Form Based Codes and a City Center Committee. A joint committee would look first at form based codes for City Center and CITY COUNCIL 4 JUNE 2012 PAGE 10 then for the rest of the city. Mr. Engels said he had talked with a man from Newport, which has adopted form based codes. This man has a different perspective than the consultant the city has engaged. It was agreed to put these items on the 18 June agenda. Charter Change re: City Clerk: Ms. Greco asked if the Council wanted to take up the question of going from an elected to an appointed City Clerk. She noted the City Attorney has some input on this issue. It was suggested this be put on the mid-July agenda. Executive Session: Ms. Dooley moved the Council meet in executive session to discuss a personnel issue and to resume regular session only for the purpose of adjournment. Ms. Mackenzie seconded. Motion passed unanimously. Regular Session: The Council returned to regular session. Ms. Greco moved adjournment. Ms. Riehle seconded. The motion passed unanimously. The council adjourned. Clerk CITY COUNCIL 11 JUNE 2012 The South Burlington City Council held a regular meeting on Monday, 11 June 2012, at 5:00 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; P. Conner, Director of Planning & Zoning; I. Blanchard,Project Manager; K. Murray, Development Coordinator; M. Young, G. Maille, J. Randazzo, B. Stuono,D. Robertson, L. Bennett 1. Executive Session: Ms. Dooley moved the Council meet in executive session to discuss personnel, contract negotiations, and litigation. Mr. Engels seconded. Motion passed unanimously. Regular Session: Ms. Mackenzie moved the Council exit executive session. Ms. Dooley seconded. Motion passed unanimously. 1. Agenda Review: No changes were made to the agenda. 2. Comments & Questions from the Audience, not related to Agenda items: 1. Mr. Maille reminded the Council that 4 weeks ago he had asked if the Council would address demolition issues in the Land Development Regulations. He asked where this stands on the priority list. Mr. Maille also reminded the Council that on 20 April the Council had agreed to do an analysis of noise data with regard to the Airport. He asked where that is on the priority list. Ms. Greco said the Council hasn't gotten to either one as they have been dealing with time-sensitive issues. 2. Mr. Randazzo showed photos of a bus that was parked in a lot near his home with a generator running for a day and a half. Green Mountain Suites finally contacted the driver in North Carolina and got it shut off. Mr. Randazzo then gave the Council a written request for an "anti-idling"ordinance, citing both health and environmental concerns. He reminded the Council that South Burlington is part of the 10% challenge to reduce emissions. CITY COUNCIL 11 JUNE 2012 PAGE 2 3. Announcements & City Manager's Report: Mr. Miller introduced Kimberly Murray the city's new Development Coordinator. Mr. Engels noted he had met with Paul Conner regarding form based codes. He also congratulated South Burlington's championship Lacrosse and Tennis teams. Ms. Dooley advised that she had attended a workshop on housing. 4. Consent Agenda: There was no consent agenda. 5. Interim Zoning Application #IZ-12-05 of Joel S. White & Heidi Boncher to construct: 1) a 2000 sq. ft., 2-story addition to a single family dwelling, and 2) a 10,064 attached garage & connector, 315 Dorset Heights: The applicant said the house was originally designed in the `70s. They propose to add on to the north side of the building to get more living space on the first floor and in the master bedroom on the second floor. They would also change the garage to living space with a connector. There will be a new 2-car garage. Mr. Robertson said they have submitted written responses to the interim zoning questions. Ms. Greco said that submission doesn't address affordable housing, form based codes or sustainable agriculture The applicant said the property is close to 10 acres. The house is currently 2500 sq. ft., and they will be adding 1878 sq. ft. to the house and 1064 for the garage space. The wall construction will be foam insulated and windows will be high thermal quality, energy efficient. For the second phase of the renovation, they want to incorporate solar panels on the garage. Mr. Bennett, the next door neighbor, said he has seen the plans and thinks they are very nice.. He had no issues with the proposal. Mr. Robertson said they would put off doing the garage if would speed things up. Ms. Greco said that would not be necessary. Ms. Dooley then moved to continue the public hearing until 2 July with deliberation to occur prior to that data. Ms. Mackenzie seconded. Motion passed unanimously. CITY COUNCIL 11 JUNE 2012 PAGE 3 6. Interim Zoning Application IZ-12-06 of John Larkin for Phase I of a 2-phase, 71 unit residential development. Phase I will be for 40 units consisting of: 1) 17 two-family dwellings, and three 3-unit multi-family dwellings, 201 Allen Road: It was noted that the applicant had requested a continuation until 20 August. Ms. Mackenzie moved to continue IZ-12-06 of John Larkin until 20 August 2012. Ms. Dooley seconded. Motion passed unanimously. 7. Consider Approval of LED Street Light "Relamping" consultant: Ms. Blanchard noted that the city has been working with Efficiency Vermont to replace street lights with more efficient LED lights. A Request for Services was issued, and there were 3 bids submitted. The lowest bidder is a company on which a member of the Energy Committee is serving. Mr. Miller said he didn't see this as a conflict. He also noted there will be a policy on this soon. The proposed project will reduce energy consumption by 40%, but there will be a cost savings for only 8 or 9% (about $11,000 a year). This part of the project will insure that lights aren't too low, etc. Ms. Blanchard noted that lighting in South Burlington is leased, and each light has a specific tariff. Mr. Miller said it is a"risky proposition" to purchase lighting. Green Mountain Power will continue to maintain the city's lights. Ms. Mackenzie moved to authorize the City Manager to enter into the contract for street light "relamping" as presented. Ms. Riehle seconded. Motion passed unanimously. 8. Review Draft Letter Regarding City Council's Disapproval of F-35 Basing at Burlington International Airport: Mr. Miller noted that if the letter is approved by the Council, it will be posted on the web site. Ms. Greco noted that statements made at the last meeting that certain portions of the EIS were not applicable to South Burlington were incorrect. These statement (pages 2-29) are applicable to South Burlington. Ms. Riehle moved to accept the letter to be sent to the Air Force. Mr. Engels seconded. Motion passed 4-1 with Ms. Mackenzie voting against. Ms. Greco invited resident to attend a meeting tomorrow night South Burlington, Burlington, and possibly Williston on this issue. Ms. Riehle questioned whether the CITY COUNCIL 11 JUNE 2012 PAGE 4 meeting can do more than have other community representatives read a copy of the South Burlington letter, but with continuing noise issues, there may be a chance to discuss strategies for dealing with noise. Mr. Maille said Burlington International Airport has a request in to the City of Burlington to accept $184,000 to enter into the next phase of the noise exposure map. There are decisions that will have to be made in that process, and the City Council should know that process. The airport hasn't yet gotten a grant to do this, but the city should be prepared for the next step, which is the noise compatibility program. Mr. Maille noted that the last program did not include ground noise. He hoped this time it will. 9. Consider Approval of Resolution to Transfer Appropriations: and 10. Consider Approving a Transfer from the General Fund to Create an Interim Zoning Reserve Fund: Mr. Miller said $40,000 would be for the Fire Department building and special improvements for the HVAC system in City Hall. There is also grant money and an appropriation in the FY13 budget to address these needs. Mr. Miller noted that the HVAC system is old and has parts that cannot be replaced. Item #10 would preserve $75,000 for Interim Zoning expenditures. Mr. Miller said he was reasonably confident there will be money to do this. He stressed that no money will be taken from any other enterprise/reserve fund for this purpose. Mr. Engels moved to approve the transfer of$40,000 for building/HVAC repairs and replacement. Ms. Riehle seconded. Motion passed unanimously. Ms. Dooley moved to approve the transfer of$75,000 from the General Fund to create an Interim Zoning Reserve Fund. Ms. Riehle seconded. Motion passed unanimously. 11. Other Business: Mr. Miller noted the city has been working with the School Administration to "true up" expenditures. The situation has been resolved for FY13 with the adjusting of a number of figures. $48,000 will be paid by the city to the School District at the end of FY13. Regarding FY12, Mr. Miller explained that the city was paying for uses by other entities and was paying for charges for which no work was done. These charges will not be paid for. The city will pay approximately$26,700 for use of school facilities. The Council was OK with this. 4 CITY COUNCIL 11 JUNE 2012 PAGE 5 Ms. Greco noted receipt of an e-mail from a resident about police training actions taking place in derelict homes near the Airport. Mr. Miller spoke to the Police Department about this. He learned that this training did occur recently but was not conducted by the city's Police Department. Mr. Miller said he then had Chief Whipple contact other agencies and tell them to stop this activity. He noted that real explosives were being used in this training with no notice to the city. He felt this was disrespectful of the community. 12. Executive Session: Ms. Riehle moved the Council meet in executive session to discuss personnel matters, litigation and real property acquisition with possible deliberation on interim zoning applications, and to resume regular session only for the purpose of adjournment. Mr. Engels seconded. Motion passed unanimously. Regular Session The Council returned to regular session. Ms. Greco moved adjournment. Ms. Riehle seconded. The motion passed unanimously. The Council adjourned. Clerk City Of South Burlington, Grant Request Form Trevor Whipple, Chief of Police June 21, 2012 1. Name/title of grant and submittal deadline date: Homeland Security Grant Program,June 15,2012, Narrowbanding 2. What specifically is the grant's purpose? Provide funding for reprogramming of radios to meet federal Narrowbanding requirements. 3. What does the grant fund and not fund(be specific)? Grant funds the cost or radio reprogramming for all city emergency services(Police,Fire,EMS and Highway). 4. Total Project Cost: a. Amount of grant: $7,200 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? Stand alone. 8. Length of grant- will the grant cross fiscal year(s)? One year grant not to cross fiscal years. 9. Who will apply for grant(name/title)? Trevor Whipple, Chief of Police 10. How much time will it take to complete grant application form? Approximately 30 minutes 11. How likely is it that we will receive grant? 100%to some degree. Funding is contingent upon amount of requests. Advance notice provides that funding likely exist for all requests. 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. Grant requires quarterly financial reporting. This should take less than a half hour every quarter. No admin costs allowed. 13. Describe grant payment process—method of cash flow: Reimbursement upon receipt of proof of payment for reprogramming and quarterly financial report. 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. s is a federal a date and must be completed by January 1, 2013. Reviewed by ss�Cityy Managgeee,,Date / If approved,grant money will be in this fund . .,. ..Z/� !%'c�`� G�////Y Approved by City Manager,Date ` Not Approved By City Manager,Date Approved By City Council,Date Not Approved By City Council,Date City Of South Burlington, Grant Request Form _Trevor Whipple, Chief of Police_ _June 21, 2012_ Name and title of person completing this form(Project Manager) Date 1. Name/title of grant and submittal deadline date: Homeland Security Grant Program,July 13,2012 2. What specifically is the grant's purpose? Provide funding for digital P25 compatible radios 3. What does the grant fund and not fund(be specific)? Grant funds the full costs of purchase and installation of three two-way radios(three new vehicles in FY13) 4. Total Project Cost: a. Amount of grant: $10,521 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? Stand alone. 8. Length of grant -will the grant cross fiscal year(s)? One year grant 9. Who will apply for grant(name/title)? Trevor Whipple, Chief of Police 10. How much time will it take to complete grant application form? Approximately 30 minutes 11. How likely is it that we will receive grant? 100%to some degree. Funding is contingent upon amount of requests. Advance notice provides that funding should exist for all requests. 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. Grant requires quarterly financial reporting. This should take less than a half hour every quarter. No admin costs allowed. 13. Describe grant payment process-method of cash flow: Reimbursement upon receipt of proof of purchase and quarterly financial report. 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. Two vehicles o not have mobile radios and they were removed from the budget for FY12. C6 I(2 Reviewed Asst.City anager,Date If approved,grant money will be in this fund -4/ 6 /..z.c )-- Approved by City Manager,Date (( / Not Approved By City Manager,Date Approved By City Council,Date Not Approved By City Council,Date City Of South Burlington, Grant Request Form _Trevor Whipple, Chief June 21, 2012 1. Name/title of grant and submittal deadline date: Bullet Proof Vests,June 27,2012 2. What specifically is the grant's purpose? Fund 50%of the cost of bullet proof vests 3. What does the grant fund and not fund(be specific)? Fund 50% of the cost of bullet proof vests 4. Total Project Cost: a. Amount of grant: Variable each year(this is a perpetual grant as long as Congress funds the request each year—FY13 we are requesting$9,075. b. Is there a City match required,how much and in what fiscal year(s)? 50%in the year of vest purchase—FY13 and FY14 $9,075 (we can use funds over two year period). We are also able to back apply funding to April 1, 2012. This will reimburse$1,048.50 for two vests ordered in June 2012. 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? Match paid from 100-11-6500-24.00. Funds are budgeted for vest replacement as per union contract each year. 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? Stand alone. 8. Length of grant-will the grant cross fiscal year(s)? Ongoing 9. Who will apply for grant(name/title)? Trevor Whipple, Chief of Police 10. How much time will it take to complete grant application form? 30 minutes 11. How likely is it that we will receive grant? We have applied for this grant each year and have yet to be denied. It will depend on the total funds authorized by Congress vs the total requests. 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. Online reporting of vest order and vest receipt. No admin costs allowed. No match. 13. Describe grant payment process—method of cash flow: Once vests are reported as received funds are transferred to the city's account 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 ve..s 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 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 Douglas Brent, Fire Chief June 26, 2012 Name and title of person completing this form(Project Manager) Date 1. Name/title of grant and submittal deadline date: Training Reimbursement Funding Vt.Homeland Security 2. What specifically is the grant's purpose?Wage and Benefit Reimbursement for Water Rescue Training 3. What does the grant fund and not fund(be specific)? Wages and Benefits, coursework,class and instructor all paid by State HSU 4. Total Project Cost: $3,301.32 a. Amount of grant: $3,301.32 b. Is there a City match required,how much and in what fiscal year(s)?No 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?No 7. Is grant for stand alone project, and if no,how does grant fit into another project(describe in some detail)? Yes 8. Length of grant-will the grant cross fiscal year(s)?No,training is in July 2012 9. Who will apply for grant(name/title)? Chief Douglas Brent 10. How much time will it take to complete grant application form?Already Done, '/z hour 11. How likely is it that we will receive grant? 100% 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? Chief Brent, training is scheduled for July 2012 13. Describe grant payment process—method of cash flow: We pay out from weekly payroll, send documentation showing payment, State electronically reimburses the city 14. Should a Council-appointed Committee, Board, or Commission review this request? 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: 5 Reviewed by A Asst. City Mana r,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 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 _Douglas Brent, Fire Chief June 26, 2012 1. Name/title of grant and submittal deadline date: Water Rescue Equipment Grant Summer 2012 2. What specifically is the grant's purpose?Purchase State-designated Water Rescue Equipment for increased water rescue capabilities 3. What does the grant fund and not fund(be specific)? Acquisition of water rescue equipment,see attached list 4. Total Project Cost: $29,721. 70 a. Amount of grant: 29,721.70 b. Is there a City match required,how much and in what fiscal year(s)?No 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?Insurance cost 7. Is grant for stand alone project, and if no, how does grant fit into another project(describe in some detail)? Yes though there will be additional grants to pay for training 8. Length of grant-will the grant cross fiscal year(s)? No 9. Who will apply for grant(name/title)?Chief Douglas Brent 10. How much time will it take to complete grant application form?Done, 'h hour 11. How likely is it that we will receive grant? 100%, directed by legislature,Dept of Public Safety 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? No admin match available 13. Describe grant payment process—method of cash flow: purchase equipment,pay for equipment,turn in receipts to VPS, electronic reimbursement from the state. 14. Should a Council-appointed Committee, Board , or Commission review this request? No If yes, please update status: 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: 5/2--) G if2 Reviewed by Asst. C' a er,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 Equipment Budget Detail Worksheet Date: June 26, 2012 Jurisdiction/Department: South Burlington Fire Department Total Equipment Request: $ 29,721.70 Instructions • Indicate at the top of the form your department or jurisdiction name. • Indicate the Item, Proposed Placement, Quantity, Estimated Total Cost and Department(s) receiving the equipment. Use additional pages as needed. • Indicate if you are (or have) also requested Fire Act Funds for this equipment. • Add total costs of all equipment requested for jurisdiction/department and place that total at the top of this page as indicated. Also indicate Total Federal Funds and Total Matching Funds. Requested Estimated From Fire Detailed Item Description Proposed Placement Quantity Total Costs Department Act Funds? Sport Ranger Rescue South Burlington Fire 14 3289.30 SBFD NO PFD Stearns Rapid Rescue South Burlington Fire 14 9100.00 SBFD NO Extreme Drysuit Cascade Water Rescue South Burlington Fire 14 825.30 SBFD NO Helmet NRS Water Rescue Boot South Burlington Fire 14 1119.30 SBFD NO NRS Water Rescue South Burlington Fire 14 699.30 SBFD NO Gloves Fox 40 Whistle South Burlington Fire 14 97.30 SBFD NO NRS Universal Rescue South Burlington Fire 14 769.30 SBFD NO Fin Gerber River Runner South Burlington Fire 14 419.30 SBFD NO Knife NRS 75' Water Rescue South Burlington Fire 14 1049.30 SBFD NO Throw Bag CMC Stainless Auto South Burlington Fire 28 994.00 SBFD NO Lock Caribiner NRS Mesh Duffle Bag South Burlington Fire 14 559.30 SBFD NO Boogie Board South Burlington Fire 4 200.00 SBFD NO 14' inflatable boat,25 South Burlington Fire 10,600.0 SBFD NO horse outboard motor, 0 trailer . ' E ONT State of Vermont Agency of Commerce and Department of Economic,Housing and Community Development Community Development National Life Building—North [phone] 802-828-3211 One National Life Drive Montpelier,VT o562o-o5oi May 29,2012 Sanford Miller, City Manager City of South Burlington 575 Dorsett Street South Burlington VT05403 RE: City of South Burlington; 07110-PG-II-2009-South Burlington-00007 Grant Agreement Re-offer Dear Mr. Miller: Enclosed for your consideration is the Grant Agreement between the Town of South Burlington and this Agency. Please review the offer carefully.Prior to signing the Grant Agreement your Legislative Body is required to adopt a resolution,Form PM-1 (enclosed).This form states the acceptance and responsibility of the terms and conditions of the Grant Agreement,designates the person with the overall responsibility,and authority to execute all appropriate documents. If it is satisfactory, please sign the cover page and return it along with the signed PM-1 form for processing by June 19,2012. The Commissioner will then sign it and a fully executed copy will be uploaded to the Agreement Documents node online. If you would like to revise your grant agreement, please contact me with your comments. Before a request for funds can be processed,all requirements and special conditions as stated in the Grant Agreement must be satisfied. It is important to understand that some special conditions may have already been met, and if you have any questions in this regard please contact me. We recommend that you review the requirements set out in the Grants Management Guide,paying particular attention to the chapter on Award Conditions and Executing Your Grant Agreement, and that you review your Grant Agreement carefully for requirements that may not be in the checklist. If you have any questions regarding the Grant Agreement please contact me at 828-1256. Sincerely, Lisa Ryan Community Development Specialist LR:cmb Enclosures cc: Cathyann Larose 07110-PG-II-2009-South Burlington-00007 VERMONT COMMUNITY DEVELOPMENT PROGRAM GRANT AGREEMENT between the STATE OF VERMONT AGENCY OF COMMERCE AND COMMUNITY DEVELOPMENT and the CITY OF SOUTH BURLINGTON Grant Agreement. This Grant Agreement(the"Agreement") is between the State of Vermont, Agency of Commerce and Community Development(the"Agency"),and the City of South Burlington,Vermont(the"Grantee") and shall be effective on the date signed by the Agency as indicated below. This Agreement consists of the provisions stated herein and the attachments itemized below, all of which are incorporated herein, and together constitute the entire agreement between the Agency and the Grantee with respect to the Vermont Community Development Program(the"VCDP") and no representations, inducements,promises or agreements not embodied herein shall be of any force or affect, unless the same are in writing in accordance with Paragraph XXV below. Attachment A- SPECIAL CONDITIONS Attachment B -DESCRIPTION OF ACTIVITIES AND BUDGET Attachment C -PERFORMANCE INDICATORS Attachment D - CERTIFICATIONS AND ASSURANCES Attachment E -EXECUTIVE SUMMARY The signatures of the undersigned indicate that each has read this Agreement in its entirety and agrees to be bound by its provisions. AGENCY GRANTEE By: By: Noelle MacKay, Commissioner Sanford Miller, City Manager Department of Economic,Housing and City of South Burlington Community Development for: Lawrence Miller, Secretary Agency of Commerce and Community Development Date: Date: S:\ACCD\ACCD-DI-ICA\PMD\EEY09\2009 CYCLE II\AGREEMENTS\SOUTH BURLINGTON PG\STANDARD PROVISIONS.DOC May 29,2012 May 2012(09-11) Agency of Commerce And Community Development page 1 of 12 Vermont Community Development Program Grant Agreement City of South Burlington Burlington Aviation Technical Training Center 07110-PG-II-2009-South Burlington-00007 II. Authority and Governing Law. (A) This Agreement is funded, in whole or in part,through a grant provided to the Agency by the United States Department of Housing and Urban Development (HUD) under Title I of the federal Housing and Community Development Act of 1974, as amended, 42 U.S.C. § 5301 et seq. (the"Federal Act"). Pursuant to the Federal Act, the State of Vermont has elected to administer the federal program of Community Development Block Grants through the Agency. (B) The Agency, in accordance with the provisions of the Vermont Community Development Act, 10 V.S.A. chapter 29 (the "State Act"), has awarded VCDP funds for the purpose of supporting the Grantee's community development program. (C) This Agreement shall be governed by all applicable provisions, as amended, contained in the Federal Act,the State Act, and the Grants Management Guide, including the Agency Procedures contained therein,whether specifically referred to in this Agreement or not. III. Description of Activities. The Grantee agrees to perform, or cause to be performed,the work specified in the DESCRIPTION OF ACTIVITIES AND BUDGET (Attachment B). IV. Period of Performance. The Term of this Agreement("Period of Performance") shall commence on the date of execution by the Agency and terminate on the Completion Date set forth in Attachment A. All activities assisted with or required by this Agreement shall be completed by, and all non-general administration costs shall be obligated prior to,the Completion Date. Notwithstanding the above, Grantee's obligations under Sections XVII (Monitoring and Reporting), XVIII (Audits), and XIX (Final Drawdown, Final Reports, and Completion Certificates) shall survive the termination of this Agreement. Provisions governing the Agency's payment of project costs incurred prior to, during and after the Period of Performance are set out in Section VIII ("Program Costs")below. V. Distribution of Grant Funds. In consideration of the Grantee's satisfactory performance of the work required under this Agreement and the Grantee's compliance with the terms and conditions of this Agreement,the Agency shall disburse to the Grantee an amount not to exceed the total sum in VCDP funds set forth in SPECIAL CONDITIONS (Attachment A), and identified therein as "Total Award." Such Funds shall be used by the Grantee in accordance with this Agreement. Further: (A) The Grantee shall provide for and document the expenditure of any amount set forth in SPECIAL CONDITIONS (Attachment A), and identified therein as "Other Resources." Such funds shall be used in accordance with the activities as listed in the DESCRIPTION OF ACTIVITIES AND BUDGET (Attachment B). (B) It is expressly understood and agreed that in no event will the total funds provided by the Agency exceed the Total Award. Any additional funds required to complete the activities set forth in this Agreement will be the responsibility of the Grantee. (C) In the event VCDP funds are needed prior to their availability due to VCDP requirements or conditions,the Grantee and/or one of the project parties must seek bridge financing to meet any expenses that cannot be delayed. The expenditure of bridge financing must be in compliance with VCDP requirements,most notably the environmental review process. S:\ACCD\ACCD-DHCA\PMD\FFY09\2009 CYCLE IMGREEMENTS\SOUTH BURLINGTON PG\STANDARD PROVISIONS.DOC May 29,2012 May 2012(09-II) Agency of Commerce And Community Development page 2 of 12 Vermont Community Development Program Grant Agreement City of South Burlington Burlington Aviation Technical Training Center 07110-PG-11-2009-South Burlington-00007 (D) If the project's non-general administration budget comes in under budget,VCDP funds in an amount proportionate to the unused portion of the total budget(VCDP dollars and Other Resources dollars) shall be returned to the Agency. Such amounts may not be reallocated to other Activities,notwithstanding the provisions of Section XXV(A)(1) of this Agreement. Project overruns will be the obligations of the Grantee, as set forth at Section V(B). (E) If the project's general administration budget comes in under budget,the unused portion shall be returned to the Agency. The expenditure of VCDP funds for General Administration must be maintained at the ratio currently set out in Attachment B of this Agreement,Project Budget. (F) The Grantee understands that this Agreement is funded in whole or in part by federal funds. In the unlikely event the federal funds supporting this Agreement become unavailable or are reduced,the Agency may terminate or amend this Agreement and will not be obligated to pay the Grantee from State revenues. In no event shall this Agreement be construed as a commitment by the Agency to fund future applications and/or programs. VI. Indemnification. The Grantee will act in an independent capacity and not as officers or employees of the State. The Grantee shall defend the State and its officers and employees against all claims or suits arising in whole or in part from any act or omission of the Grantee or of any agent of the Grantee. The State shall notify the Grantee in the event of any such claim or suit, and the Grantee shall immediately retain counsel and otherwise provide a complete defense against the entire claim or suit.After a final judgment or settlement the Grantee may request recoupment of specific defense costs and may file suit in Washington Superior Court requesting recoupment. The Grantee shall be entitled to recoup costs only upon a showing that such costs were entirely unrelated to the defense of any claim arising from an act or omission of the Grantee. The Grantee shall indemnify the State and its officers and employees in the event that the State, its officers or employees become legally obligated to pay any damages or losses arising from any act or omission of the Grantee. VII. Obligations of Grantee. (A) Agreements to be in Writing. The activities required by this Agreement shall be performed by the Grantee or one or more subrecipients, such as a subgrantee or borrower, or one or more third parties such as a contractor or subcontractor, pursuant to one or more written contracts consistent with this Agreement. When the term"subrecipient" is used herein it shall mean a person or entity that receives a subgrant or loan from the Grantee hereunder to contribute to the achievement of the National Objective set out in Attachment B. (B) Liability of Grantee. The Grantee shall remain fully liable and obligated for compliance with this Agreement with respect to each and every use of the VCDP funds subject to this Agreement,notwithstanding the subgranting, lending or contracting with any third party(s). The Grantee shall require any third party to comply with all lawful requirements necessary to insure that the VCDP is carried out in accordance with this Agreement, shall provide a copy of this Agreement to any such third party, and shall,when appropriate, attach and incorporate by reference this Agreement to any governing contract with such third party. (C) Public Communication. If the Grantee or Subrecipient issues a press release or public communication pertaining to the project assisted by this Agreement,this S:\ACCD ACCD-DHCA\PMD\FFY09\2009 CYCLE IMGREEMENTS\SOUTH BURLINGTON PG\STANDARD PROVISIONS DOC May 29,2012 May 2012(09-11) Agency of Commerce And Community Development page 3 of 12 Vermont Community Development Program Grant Agreement City of South Burlington Burlington Aviation Technical Training Center 07110-PG-11-2009-South Burlington-00007 shall include a statement that the assisted project is funded by a VCDP grant, awarded by the Agency of Commerce and Community Development, and shall reference the amount shown on the DESCRIPTION OF ACTIVITIES AND BUDGET (Attachment B). (D) Documentation. All documents required to be filed with the Agency by the provisions of SPECIAL CONDITIONS (Attachment A) shall become a part of this Agreement. The Grantee understands that the filing of documents with the Agency does not require that the Agency review and comment upon any such documents, nor does the Agency in any way assume such obligation by requiring the filing of such documents. It shall be the Grantee's sole responsibility to take appropriate steps through the negotiation, execution, and,when appropriate,the enforcement, of legally binding agreements to ensure that the obligations of this Agreement are met. Filing of such documents with the Agency or use of model documents provided by the Agency shall in no way diminish Grantee's obligations hereunder. (1) Grantee shall have duly adopted municipal policies as set forth below, and shall file copies of such policies with the Agency at the times specified in SPECIAL CONDITIONS (Attachment A): (a) Equal Employment Opportunity (b) Fair Housing (c) Use of Excessive Force (d) Use of VCDP Funds for Federal Lobbying (e) Drug-Free Workplace (f) Code of Ethics (g) Subrecipient Oversight Monitoring Policy The Grantee may have previously adopted the above policies and filed copies of the same with the Agency. No duplicate filing shall be required if Grantee certifies such facts. (2) The following forms shall be filed: (a) Form PM-1 Resolution to Accept the Grant Agreement (E) Public Hearing. The Grantee shall hold a public hearing prior to the Completion Date to afford its residents the opportunity to review and comment on the program results and overall performance. The hearing shall be publicly warned at least fifteen (15) days in advance, stating the purpose of the hearing, with the notice appearing in a newspaper of general circulation in the municipality. Written minutes and a summary of public comments shall be filed with the Agency with the Final Program report required under Paragraph XVII. VIII. Program Costs. (A) Allowable Costs. The Grantee may incur only such costs as are reasonable and necessary to the Grantee's Program and as are allocable and allowable under the Agency Procedures, Chapters 5 through 7. Expenditures not specifically authorized may not be incurred without prior written approval by the Agency. (B) Cash-in Kind. Cash and cash-in-kind contributions made by the Grantee shall follow the criteria established by the Agency Procedures, Chapter 8. (C) Impermissible Expenditures Pending Environmental Review. The Grantee shall not incur costs on VCDP activities, except as provided in Subparagraph (D)below, until the Environmental Review required by §104(f)of the Federal Act has been completed and the Agency has issued the "Notice of Release of Funds." (D) Allowable Expenditures Pending Grant Agreement. As of the Award Date, reasonable costs may be incurred for Environmental Studies, Planning, General S.ACCD\ACCD-DHCA\PMDWFY09\2009 CYCLE IIWGREEMENTS\SOUTH BURLINGTON PG\STANDARD PROVISIONS.DOC May 29,2012 May 2012(09-11) Agency of Commerce And Community Development page 4 of 12 Vermont Community Development Program Grant Agreement City of South Burlington Burlington Aviation Technical Training Center 07110-PG-II-2009-South Burlington-00007 Administration,Program Engineering and Design,Acquisition, and Public Informa- tion to the extent they are applicable to this VCDP. Any VCDP activities performed by the Grantee in the period between the Award Date and the execution of this Agreement shall be performed at the sole risk of the Grantee. (E) General Administration Costs After Completion Date. VCDP funds may not be obligated after the Completion Date except for those General Administration activities required to prepare the Final Program Report,the Final Audit Report, and the Closeout Agreement. (F) Program Costs at Completion. Program Cost obligations incurred prior to, and outstanding as of,the Completion Date shall paid be within thirty (30) days. (G) Agency Review of Expenses. At any time during the Period of Performance under this Agreement, or upon receipt of the Final Program Report and the Final Audit Report,the Agency may review any or all costs incurred by the Grantee and any or all payments made. Upon such review the Agency shall disallow any items of expense which are determined to be in excess of approved expenditures and shall inform the Grantee of any such disallowance by written notice. (H) Disallowance of Expenses. If the Agency disallows costs for which payment has not yet been made, it shall refuse to pay such costs. If payment has been made with respect to costs which are subsequently disallowed,the Agency may deduct and/or withhold the amount of disallowed costs from any future payments under this Agreement or require that such costs be refunded to the Agency. IX. Bank Accounts for VCDP Funds. (A) Depository Accounts. Funds disbursed pursuant to Paragraph XI of this Agreement shall be deposited in a separate, non interest-bearing account, dedicated to VCDP funds, and held in the name of and under the ownership of the Grantee. Any interest earned on funds in the depository account shall be remitted to the State for subsequent return to the United States Treasury. Funds held in the depository account shall be under the control of the Grantee's treasurer, and shall be paid out only on orders drawn by Officials authorized by law to draw such orders. (B) Other Accounts. (1) Accounts established in the name of the Grantee and into which Program Income or housing rehabilitation escrow funds are deposited shall conform to the requirements of subparagraph(A) of this Paragraph, except that such accounts may be interest bearing. (2) The Grantee shall require that accounts involved with the activities covered by this Agreement which are established by Subrecipients or entities retained for the purposes of administration of this grant be secured as required in Paragraph IX(C) of this Agreement. (3) The Grantee shall ensure that persons who are authorized to make deposits into or pay out funds from any of the accounts established under Subparagraph(B)(2) above, have fidelity coverage as required in Paragraph IX(D) of this Agreement. (C) Depository Institutions. All accounts into which are deposited funds involved with the activities covered by this Agreement shall be held by a financial institution authorized to take deposits in the State of Vermont. All such funds shall be fully insured by the Federal Deposit Insurance Corporation (FDIC) or its equivalent. Any balance exceeding such coverage must be collaterally secured by U.S. Government obligations. S:\ACCD\ACCD-DHCA\PMDWFY09\2009 CYCLE IIWGREEMENTS\SOUTH BURLINGTON PG\STANDARD PROVISIONS DOC May 29,2012 May 2012(09-II) Agency of Commerce And Community Development page 5 of 12 Vermont Community Development Program Grant Agreement City of South Burlington Burlington Aviation Technical Training Center 07110-PG-II-2009-South Burlington-00007 (D) Fidelity Bond Requirements. All individuals who are authorized to deposit receipts and/or pay out funds from any of the accounts covered by this Paragraph shall have fidelity bond coverage in an amount commensurate with the total losses which might be incurred. X. Financial Management. The Grantee shall establish and maintain a system which assures effective control over, and accountability for, all funds,property and other assets used and/or attained under the VCDP. Such system shall: (A) Maintain separate accounting records and source documentation for the activities funded under this Agreement and provide accurate financial information in the Progress Reports and any other status reports in the form specified by the Agency; (B) Provide for accurate, current and complete disclosure of the financial status of the Program and for the expenditure of any Other Resources listed in the DESCRIPTION OF ACTIVITIES AND BUDGET (Attachment B); (C) Establish records of budgets, receipts, and expenditures for each activity and demonstrate the sequence and status of receipts, obligations, disbursements, and fund balance; (D) Is consistent with generally accepted accounting principles; and, supports the program and/or single audit(s)requirements set forth in Agency Procedures, Chapter 21. (E) Adopt a subrecipient oversight monitoring policy that certifies the Grantee shall be responsible for oversight monitoring of grant funds that are disbursed to a sub- recipient, to ensure the funds are properly managed (See Agency Procedures, Chapter 19) XI. Requisition of VCDP Funds. (A) VCDP funds, in the form of advances and/or reimbursements, may be requisitioned from the Agency. The Grantee shall establish procedures to insure that any amounts of VCDP funds in excess of$5,000 shall be expended within ten(10) calendar days of receipt in the depository account established in accordance with Paragraph IX(A), and shall ensure that any subrecipient shall conform to such procedures. (B) The Grantee shall not requisition VCDP funds for amounts that are withheld from contractors or subcontractors to assure satisfactory completion of the work. These amounts may be requisitioned when the Grantee makes final payment, including the amounts withheld. (C) The Secretary may suspend the requisition of advances and require the Grantee to advance funds, should it be determined that the Grantee is unwilling or unable to establish and comply with procedures to minimize the time period between cash advances and disbursement. Payments to the Grantee would then be made only as reimbursement for actual cash disbursements. (D) The Grantee shall expend VCDP funds on a pro rata basis with Other Resources, unless otherwise authorized by the Agency. XII. Procurement Procedures. (A) The Grantee may use established procurement procedures which reflect applicable State and local laws and regulations,provided that these procedures meet the requirements of the standards set forth in the Agency Procedures, Chapter 10. This Agreement and the Agency Procedures shall in no way be construed to relieve the Grantee of contractual obligations outside of this Agreement. S:ACCD\ACCD-DHCA\PMD\FFY09\2009 CYCLE U\AGREEMENTS\SOUTH BURLINGTON PG\STANDARD PROVISIONS-DOC May 29,2012 May 2012(09-II) Agency of Commerce And Community Development page 6 of 12 Vermont Community Development Program Grant Agreement City of South Burlington Burlington Aviation Technical Training Center 07110-PG-II-2009-South Burlington-00007 (B) The Grantee shall be responsible, in accordance with good administrative practices and sound business judgment, for the settlement of any contractual or other issues arising out of procurement obligations set forth herein. (C) The Grantee and any subrecipient(subgrantee/borrower) shall ensure that each third party recipient(contractor, subcontractor, architect, engineer, etc.) of the funds provided under this Agreement is not included on the List of Parties Excluded from Federal Procurement or Non-Procurement Programs (www.epls.gov) in accordance with Executive Orders 12549 and 12689. XIII. Bonding Requirements. (A) For construction or facility improvement where the contract is for less than $100,000,the Grantee may follow established procedures. In the event Grantee has no established procedures in place,the requirements of subparagraph(B)hereof shall be met. (B) For contracts or subcontracts exceeding $100,000,the provisions of the Agency Procedures, Chapter 11 [formerly Category 2, Chapter 51] on bonding requirements shall be followed. (C) Where bonds are required,they shall be in such form and amount as determined by the Agency. Said bonds shall be procured from a surety company registered and licensed to do business in the State of Vermont and countersigned by its Vermont registered agent. XIV. Program Income. Program Income is all gross income received by the Grantee or a subrecipient and generated by the use of VCDP grant funds. Except as may be provided in SPECIAL CONDITIONS (Attachment A), Program Income and Unrestricted Revenue generated by the use of funds granted pursuant to this Agreement will be administered in accordance with the policies set forth in Agency Procedures, Chapter 22. XV. Conflict of Interest. (A) In the procurement of supplies, equipment, construction, and services by the Grantee, all members of the Legislative Bodies, officers or employees of the Grantee, or their designees, Subrecipients, or agents, or other persons who exercise any functions or responsibilities with respect to the program shall be bound by the provisions of Agency Procedures, Chapters 9 and 10. (B) The Grantee shall include or cause to be included,provisions covering conflict of interest consistent with the requirements of this Paragraph XV in all contracts with third parties. (C) The Grantee shall not employ, nor permit any third party to employ any employee of the Agency. XVI. Equal Opportunity. (A) The Grantee shall not discriminate against any employee, or applicant for employment,because of age, color, handicap, familial status, national origin, race, religion, or sex. (B) The Grantee agrees to comply with all of the requirements of 21 V.S.A. chapter 5, subchapter 6,relating to fair employment practices,to the extent applicable, and shall cause the provisions thereof to be included in all contracts with third parties for any work covered by this Agreement so that such provisions will be binding upon such third parties. S:ACCDACCD-DHCA\PMD\FFY09\2009 CYCLE IIAGREEMENTS\SOUTH BURLINGTON PG\STANDARD PROVISIONS DOC May 29,2012 May 2012(09-II) Agency of Commerce And Community Development page 7 of 12 Vermont Community Development Program Grant Agreement City of South Burlington Burlington Aviation Technical Training Center 07110-PG-II-2009-South Burlington-00007 (C) No person shall on the ground of age, color, handicap, familial status,national origin, race, religion,or sex,be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any of the activities covered by this Agreement. XVII. Monitoring and Reporting. (A) The Grantee shall monitor the activities covered by this Agreement, including those of contractors and subcontractors,to assure that all program requirements are met. (B) From time to time, as requested in writing by the Agency,the Grantee shall submit such data and other information as the Agency may require. The Grantee shall submit or cause the submission of progress and financial reports to the Agency in a format prescribed by the Agency and according to the schedule set out in this Paragraph XVII. Failure to report as required or respond to requests for data or information in a timely manner may be grounds for holding the processing of requisitions or for suspension or termination of this Agreement. (C) For the first reporting period, submission of the Progress Report to the Agency is due in accordance with the schedule set out in SPECIAL CONDITIONS (Attachment A). For each reporting period thereafter, submission to the Agency is due no later than 30 days following the last day of said period. Any extension of the Completion Date shall extend Grantee's obligation to submit Progress Reports. (D) The Final Program Report shall be submitted as the report for the period which ends with the Completion Date. The Grantee shall submit a Final Program Report no later than thirty (30) days following the Completion Date. Evidence of a public hearing held in conformance with Paragraph VII of this Agreement shall be filed with the Agency as part of the Final Program Report,which shall consist of, at a minimum,the hearing notice and the minutes taken. XVIII. Audit(s). (A) The Department of Finance and Management will provide the following forms that the Grantee shall submit: the "Certification of Audit Requirement", and if no Single Audit required the "Subrecipient Schedule of Federal Expenditures", to the Department of Finance and Management, 109 State Street, Montpelier, Vermont 05609 at the end of each fiscal year for the duration of the Grant Agreement. (B) The Grantee shall arrange for an independent fmancial and compliance audit(or audits) of the VCDP costs and activities undertaken during the Period of Performance. The audit(s) must include all expenditures related to this Agreement. The audit(s) is to be conducted in accordance with the Single Audit Act of 1984, as amended, OMB Circular No. A-133, and Agency Procedures, Chapter 21, under the Compliance Supplement for the Code of Federal Domestic Assistance (CFDA) 14.228. (C) In compliance with the Single Audit Act of 1984, as amended,the Grantee shall determine whether a single audit or a program audit is required. Audits that cover a portion of the Period of Performance, or a portion of all expenditures, are defined as an Interim Audit. A Final Audit is the audit that covers all VCDP grant funds; or if there is an Interim Audit, the audit that covers the balance of any remaining unaudited VCDP funds through the Completion Date, or beyond if necessary. (D) Any contract or Agreement entered into by the Grantee and a Subrecipient shall contain language requiring the Subrecipient to comply with the provisions of the Single Audit Act of 1984, as amended. S:\ACCD ACCD-DHCA\PMD\FFY09\2009 CYCLE IIWGREEMENTSISOUTH BURLINGTON PG STANDARD PROVISIONS.DOC May 29,2012 May 2012(09-II) Agency of Commerce And Community Development page 8 of 12 Vermont Community Development Program Grant Agreement City of South Burlington Burlington Aviation Technical Training Center 07110-PG-II-2009-South Burlington-00007 (E) If any expenditure is disallowed as a result of any Interim Audit Report(s) and/or Final Audit Report,the obligation for reimbursement to the Agency shall rest with the Grantee. XIX. Final Drawdown,Final Reports and Completion Certificates. (A) All non-general administration costs must be obligated prior to, and shall be paid within(30) days of,the Completion Date. (B) The Grantee shall submit to the Agency a Final Program Report and an Interim Audit Report(s) and/or Final Audit Report covering the Period of Performance under this Agreement. Additionally, one copy of all reports shall be maintained with other program documents available for public review, and at least one copy must remain in the Grantee's files. (C) Certificate of Program Completion shall be issued to the Grantee when the Agency determines that all required work under this Agreement has been satisfactorily completed, including the execution of a Closeout Agreement if applicable and the submission of the Final Program Report,the Interim Audit Report(s), and/or the Final Audit Report. The Agency must determine that all program and financial compliance issues have been addressed and that the findings and/or concerns, if any, of monitoring reports,program reports, and audit reports have been resolved and cleared in writing. XX. Retention of and Access to Records. (A) Financial records, supporting documents, statistical records, and all other records pertinent to this VCDP shall be retained in accordance with the Agency Procedures, Chapter 3. (B) Authorized representatives of the Secretary of the Agency,the Secretary of HUD, the Inspector General of the United States, or the U.S. General Accounting Office shall have access to all books, accounts, records,reports, files,papers,things, or property belonging to, or in use by,the Grantee pertaining to the receipt and administration of Vermont Community Development Program funds, as may be necessary to make audits, examinations, excerpts, and transcripts. (C) Any contract or Agreement entered into by the Grantee shall contain language comparable to Subparagraph(B) above so as to assure access by an authorized party(s)to the pertinent records of any subrecipient, contractor, or subcontractor. XXI. Administrative Sanctions. (A) Requisitions subject to compliance with SPECIAL CONDITIONS (Attachment A), will not be processed until the designated documents have been submitted to the Agency and reviewed or approved as required by this Agreement. (B) The Grantee shall receive notice from the Agency in the event of a failure to submit a timely progress report. No disbursement of grant funds shall be made if such failure continues after thirty (30) days from the date of notice. The Agency shall, in its discretion, determine whether to disburse funds during the notice period. (C) The Grantee shall receive a Notice of Delinquency from the Agency in the event of a failure to submit timely Interim or Final Audits,Final Program Reports, or Closeout Agreement Proposals. The Grantee shall not be eligible for further VCDP funds if such failure continues after thirty(30) days from the date of notice, and, in addition to the remedies provided under this Agreement, may be subject to any action available to the Agency at law or equity. (D) Resolution of Monitoring Findings -The Agency shall notify the Grantee of any negative findings identified through monitoring by providing a monitoring letter S:\ACCD\ACCD-DHCA\PMD\FFY09\2009 CYCLE IIWGREEMENTS\SOUTH BURLINGTON PG\STANDARD PROVISIONS DOC May 29,2012 May 2012(09-II) Agency of Commerce And Community Development page 9 of 12 Vermont Community Development Program Grant Agreement City of South Burlington Burlington Aviation Technical Training Center 07110-PG-II-2009-South Burlington-00007 containing the Agency's "Findings." No further disbursement of grant funds shall be made under this Agreement until the Agency's Findings have been resolved in a manner satisfactory to the Agency. Grantee shall not be eligible for further VCDP funds if such resolution is not achieved within thirty(30) days of the date of the monitoring letter, and, in addition to the remedies provided under this Agreement, may be subject to any action available to the Agency at law or equity. XXH. Termination for Convenience. The Agency and the Grantee may terminate the grant in whole, or in part,when agreed that the continuation of the program would not produce the benefits anticipated hereunder, and shall agree upon the termination conditions, including the effective date and, in the case of partial terminations,the portion to be terminated. The Grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The Agency may allow full credit for non-cancellable obligations,properly incurred prior to termination. XXIII. Suspension or Termination for Cause. (A) The Secretary may suspend this Agreement, in whole or in part, at any time during the Period of Performance and upon reasonable notice to the Grantee, or withhold further payments or prohibit the Grantee from incurring additional obligations of VCDP funds when it is determined that the Grantee has failed to substantially comply with the conditions of this Agreement or that the continued costs to be incurred will not produce benefits of comparable value. The Secretary shall allow all necessary and proper costs which the Grantee could not reasonably avoid during the period of suspension. (B) The Secretary may terminate this Agreement at any time during the Period of Performance, after reasonable notice and opportunity for hearing, when it is determined that the Grantee has failed to substantially comply with the conditions of this Agreement or that the continued costs to be incurred will not produce benefits of comparable value. The Secretary shall promptly notify the Grantee, in writing, of the determination and reasons for the termination,together with the effective date. (C) Payments made to the Grantee or recoveries by the Secretary under this Agreement if suspended or terminated for cause shall be in accord with the legal rights and liabilities of the parties. XXIV. Appeals and Waiver of Enforcement. (A) Appeals from the decisions or actions of the Agency may be made to the Secretary through the provisions of the Agency Procedures, Chapter 18. (B) No waiver by the Secretary of the right to enforce any provision of this Agreement shall be deemed a waiver of the right to enforce such provision upon subsequent breach or default, nor waiver of the right to enforce any other provision hereof. XXV. Budget Revisions and Amendments. (A) Budget Revisions (1) The Grantee may, after first providing written notice and justification to the Agency,make a one-time revision of the amounts listed in the "VCDP Funds" column of the DESCRIPTION OF ACTIVITIES AND BUDGET (Attachment B),provided that (i) the aggregate impact is no more than ten(10%)percent of the Total Award, listed as the "Total" item in the"VCDP Funds" column, and (ii) the Total Award is not increased. S-.\ACCD\ACCD-MICA\PMD\FFY09\2009 CYCLE IMGREEMRNTS\SOUTH BURLINGTON PG STANDARD PROVISIONS.DOC May 29,2012 May 2012(09-II) Agency of Commerce And Community Development page 10 of 12 Vermont Community Development Program Grant Agreement City of South Burlington Burlington Aviation Technical Training Center 07110-PG-II-2009-South Burlington-00007 However,there shall be no change to budgeted amounts for General Administration or Program Management Activities without prior written approval of the Agency. Program Management and General Administration activities are indicated by a VCDP Code suffix of"13." (B) Amendments. (1) Any change or deviation from this Agreement not specifically identified in subparagraph(A) hereof, including extensions of time for completion and budget revisions in excess of ten (10%)percent, shall constitute an amendment of this Agreement and shall only be effective when reduced to writing and signed by or on behalf of the Agency and the Grantee. No more than one amendment for changes which in the view of the Agency are not substantial, shall be permissible, and the Agency will not allow any amendment which would substitute the funded activity. (2) The Grantee shall notify the Agency if,through the use of Other Resources, there is an intention to expand, enhance, or add to the scope of the program covered by this Agreement,or if there is a proposal to undertake activities that will have an impact upon the buildings, areas, or activities of this VCDP. The Agency reserves the right to require an amendment to this Agreement if such is deemed necessary. XXVI.No Employee Benefits For Grantee Grantee understands that the Agency will not provide any individual retirement benefits, group life insurance, group health and dental insurance,vacation and sick leave,workers' compensation or other benefits or services available to State employees,nor will the Agency withhold any state or federal taxes except as required under applicable tax laws,which shall be determined in advance of execution of the Grant Agreement. Grantee understands that any tax returns required by the Internal Revenue Code and the State of Vermont, including, but not limited to income,withholding, sales and use,and rooms and meals,must be filed by the Grantee, and information as to grant income will be provided by the State of Vermont to the Internal Revenue Service and the Vermont Department of Taxes,if required. XXVII.Insurance Before commencing work on this Agreement the Grantee must provide certificates of insurance to show that the following minimum coverages are in effect. It is the responsibility of the Grantee to maintain current certificates of insurance on file with the state through the term of the Agreement.No warranty is made that the coverages and limits listed herein are adequate to cover and protect the interests of the Grantee for the Grantee's operations. These are solely minimums that have been established to protect the interests of the State. Workers Compensation: With respect to all operations performed,the Grantee shall carry workers' compensation insurance in accordance with the laws of the State of Vermont. General Liability and Property Damage: With respect to all operations performed under the contract, the Grantee shall carry general liability insurance having all major divisions of coverage including, but not limited to: Premises - Operations Products and Completed Operations Personal Injury Liability S:ACCDWCCD-DHCA\PMD\FFY09\2009 CYCLE IIWGREEMENTS\SOUTH BURLINGTON PG\STANDARD PROVISIONS.DOC May 29,2012 May 2012(09-II) Agency of Commerce And Community Development page 11 of 12 Vermont Community Development Program Grant Agreement City of South Burlington Burlington Aviation Technical Training Center 07110-PG-II-2009-South Burlington-00007 Contractual Liability The policy shall be on an occurrence form and limits shall not be less than: $1,000,000 Per Occurrence $1,000,000 General Aggregate $1,000,000 Products/Completed Operations Aggregate $ 50,000 Fire/Legal/Liability Grantee shall name the State of Vermont and its officers and employees as additional insureds for liability arising out of this Agreement. Automotive Liability: The Grantee shall carry automotive liability insurance covering all motor vehicles, including hired and non-owned coverage, used in connection with the Agreement. Limits of coverage shall not be less than: $1,000,000 combined single limit. Grantee shall name the State of Vermont and its officers and employees as additional insureds for liability arising out of this Agreement. XXVIII. No Gifts or Gratuities Grantee shall not give title or possession of anything of substantial value (including property, currency,travel and/or education programs)to any officer or employee of the Agency during the term of this Grant Agreement. XXIX. Copies All written reports prepared under this Grant Agreement will be printed using both sides of the paper. VOL Certification Regarding Debarment Grantee certifies under pains and penalties of perjury that, as of the date that this Agreement is signed, neither Grantee nor Grantee's principals (officers, directors, owners, or partners) are included on the List of Parties Excluded from Federal Procurement or Non-Procurement Programs (www.epls.gov) in accordance with Executive Orders 12549 and 12689. The Grantee shall also obtain said certification from any subrecipient and ensure that Grantee and any subrecipient comply with the Procurement Procedures contained in Section XII(C) of this Agreement. {End of Document} S:\ACCD\ACCD-DHCA\PMD\FFY09\2009 CYCLE I\AGREEMENTS\SOUTH BURLINGTON PG\STANDARD PROVISIONS.DOC May 29,2012 May 2012(09-II) Agency of Commerce And Community Development page 12 of 12 VERMONT COMMUNITY DEVELOPMENT PROGRAM ATTACHMENT A Grant Agreement Burlington Aviation Technical Training Center City of South Burlington Single Grantee 07110-PG-II-2009-SouthBurlington-00007 SPECIAL CONDITIONS In addition to what are referred to as the Standard Provisions of this Agreement,the Grantee and the Agency hereby agree to the following Special Conditions: (A) Award Date—March 5,2009 (B) Completion Date -All activities shall be complete by December 31,2013. (C) Total Award- The total award of VCDP funds shall not exceed$30,000. (D) Other Resources - Other Resources necessary for the completion of the activities assisted by this Agreement are set out at the Sources and Uses table in Attachment B of this Agreement. (E) Definitions—The following definitions shall apply throughout this Agreement, Administrator-the City of South Burlington Consultant—Dew Construction Corp. (Fed ID#: 04-3360865; DUNS#: 16-014-7310) (F) In conformance with Standard Provisions § XVII(B),the Grantee shall submit or cause the submission of Progress and Financial Reports to the Agency annually. The First Reporting period shall end December 31,2012 and the report shall be due no later than January 30,2013. (G) In conformance with Standard Provisions §VII, Obligations of Grantee,the following documents shall be filed with the Agency at the times specified: (1) Prior to the first requisition of funds under this Agreement, as required by Standard Provisions §VII(D), Grantee shall provide the management forms and copies of the municipal policies or a certification that said policies previously have been adopted and filed with the Agency. (2) Prior to the first requisition of funds under this Agreement,the Grantee shall provide evidence of a firm commitment of Other Resources called for by Section (D) of Attachment B. (3) Prior to the first requisition of funds under this Agreement,the Grantee shall provide a copy of the fully executed Professional Services Contract(s)between Grantee and any Consultant(s) for the performance of the Planning Activities (Activity 6012) described in Attachment B. Said contract(s) shall carry provisions which incorporate by reference this Agreement, set forth the responsibilities of each party and include all pass-through provisions required under this Program. (4) Prior to the requisition for the final ten(10%)percent of funds under this Agreement, the Grantee shall certify that the Work Product, as set forth in Attachment B of this Agreement, has been completed to its satisfaction and copies of all reports and materials produced have been received. (5) A complete copy of the Work Product shall be filed with the Agency as part of the Final Program Report. S:\ACCD\ACCD-DHCA\PMD\FFY09\2009 CYCLE II\AGREEMENTS\SOUTH BURLINGTON PG\ATTACHMENT A.DOC May 29,2012 May 2012(09-II) AGENCY OF COMMERCE AND COMMUNITY DEVELOPMENT PAGE 1 of 1 VERMONT COMMUNITY DEVELOPMENT PROGRAM ATTACHMENT B Grant Agreement Burlington Aviation Technical Training Center City of South Burlington Single Grantee 07110-PG-II-2009-SouthBurlington-00007 DESCRIPTION OF ACTIVITIES (A) Project Description Grantee shall use $30,000 in VCDP funds together with Other Resources, as set out below at Sources and Uses, to hire a consultant to conduct planning activities related to the development of a new Burlington Aviation Technical Training Center. The consultant will perform initial site work that will allow the project to move forward to the point where local zoning, building and storm water permits can be obtained. Specifically, the consultant will identify the location of utilities, complete initial landscape design, locate (and reconfigure if necessary)the building footprint(s), and create working drawings and technical specifications sufficient to receive local permits for clearing, grubbing, grading, and stabilization. (1) Economic Development: Planning—Only (Activity#6012) Grantee shall use VCDP funds together with Other Resources, as set out below at Sources and Uses, to hire a consultant to conduct planning activities related to the development of a new Burlington Aviation Technical Training Center. The Work Product that will result from these planning activities include: 1) Identifying the location of utilities; 2) Completing initial landscape design; 3) Locating and/or reconfiguring building footprint(s); and 4) Creating working drawings and technical specifications. These activities will result in the ability to receive local permits for clearing, grubbing, grading, and stabilization of the site located at the Burlington International Airport. (B) General Administration (Activity#5013) Grantee shall use VCDP funds together with Other Resources, as set out in Sources and Uses, for the general administration of this Agreement. This may include, but not necessarily be limited to, activities relating to securing release of funds under the environmental regulations, meeting procurement standards, setting up and maintaining financial management records, completing progress reports, ensuring that the terms and conditions of this Agreement are carried out, and paying the eligible costs for audit. (C) National Objective Any projects developed as a consequence of the Work Product produced hereunder have the potential for providing benefit where at least 51% of those served would be persons with low or moderate incomes. FFY09\2009 CYCLEII\AGREEMENTS\SouthBurlingtonPG\ATTACHMENT B.DOCX May 29,2012 May 2012(09-II) AGENCY OF COMMERCE AND COMMUNITY DEVELOPMENT PAGE 1 of 2 VERMONT COMMUNITY DEVELOPMENT PROGRAM ATTACHMENT B Grant Agreement Burlington Aviation Technical Training Center City of South Burlington Single Grantee 07110-PG-II-2009-SouthBurlington-00007 (D) Sources and Uses The Other Resources total $9,749 derived as follows: Municipal Contribution(MUNI) Cash-In-Kind $1,000 Committed Other(Other)-NASA Grant Grant $8,749 In-Hand ;04, StAizs � � RRqq f g x y m a a ''t s 1 s tl g t i R $ ' -. 3 y "".. 'z' r d '� ay. yg �''k^r >•�'"SFr ��� ��� 3ax� tom ' s4. °`eh '3m:e9 b nm � � ihxt�, � st-lhi�'et . General Administration Economic Development 5013 $500 $1,000 $1,193 $2,693 Planning-Only Economic Development 6012 $29,500 $7,556 $37,056 Total Costs $30,000 $1,000 $8,749 $39,749 Percentage of Total 75% 3% 22% FFY09\2009 CYCLEII\AGREEMENTS\SouthBurlingtonPG\ATTACHMENT B.DOCX May 29,2012 May 2012(09-II) AGENCY OF COMMERCE AND COMMUNITY DEVELOPMENT PAGE 2 of 2 Vermont Community Development Program ATTACHMENT C Grant Agreement Burlington Aviation Technical Training Center City of South Burlington Single Grant 07110-PG-II-2009-South Burlington-00007 Performance Indicators Planning-Economic Development Low&Moderate Income Number of Project(s) 1 5/29/2012 Page 1 of 1 VERMONT COMMUNITY DEVELOPMENT PROGRAM ATTACHMENT D Grant Agreement Burlington Aviation Technical Training Center City of South Burlington Single Grantee 07110-PG-II-2009-South Burlington-00007 CERTIFICATIONS AND ASSURANCES The Grantee hereby certifies and assures that Vermont Community Development Program Funds will be utilized in accordance with all the following;to the extent applicable,and that: Debarment,Suspension,Ineligibility and Voluntary Labor Exclusion from Federal Procurement and Non- (7) Will administer and enforce: procurement Programs (a)the Davis-Bacon Act[40 USC 276a et seq.]; The Chief Executive Officer certifies that the (b)the Federal Fair Labor Standards Act[29 USC Municipality is excluded from the List of Parties 201 et seq.];and Excluded from Federal Procurement or Non-procurement (c)the Contract Work Hours and Safety Standards Programs in accordance with Executive Orders 12549 Act[40 USC 327-333]. and 12689. In addition,certifies that no awards will be made to any subgrantees,or permit any award at any tier (8) Will comply with: to any party which is debarred or suspended or is (a)the Copeland Anti-kickback Act of 1934,[18 otherwise excluded from or ineligible for participation in USC 874 and 40 USC 276c]; Federal assistance programs. (b)Executive Order 11246(Equal Employment Op- Legal Authority portunities)as amended by Executive Orders 11375 (1) It possesses legal authority as defined in the Ver- and 12086 and the regulations issued pursuant mont Community Development Act[10 VSA 29]to thereto[24 CFR 130 and 41 CFR 60];and apply for and accept the grant and administer the pro- (c)Section 3 of the Housing and Urban Develop- gram. ment Act of 1968[12 USC 1701u]as amended, (2) The legislative body has duly adopted and passed an (equal employment and business opportunities)and official act or resolution authorizing the acceptance of the regulations at 24 CFR 135. and agreement to the conditions and provisions of this Environmental and Historic Agreement,including all understandings,certifications, (9) The Chief Executive Officer,or other official so and assurances contained herein;and designating and designated by the Legislative Body and approved by the authorizing the Chief Executive Officer or designee to Secretary will consent to assume the status of a respon- execute this Agreement and other such documents as sible Federal official under the National Environmental may be necessary. Policy Act(NEPA)of 1969 as amended[42 USC 4321 Benefit to Persons of Low and Moderate Income et seq.]and the regulations found at 24 CFR 58;and the (3) It will comply with the provisions of Section Chief Executive Officer is authorized and consents on 104(b)(3)of the Federal Act which requires the use of behalf of the Applicant and him/herself to accept the funds to be developed to give maximum feasible priority jurisdiction of the Federal Courts for the purposes of to those activities which will benefit low and moderate enforcement of the responsibilities of such official. income families,or aid in the prevention or elimination (10) Will ensure that the facilities under its ownership, of slums or blight or meet other community development lease or supervision which shall be utilized in the ac- needs having a particular urgency. complishment of the program are not listed on the Envi- Citizens Information ronmental Protection Agency's(EPA)list of Violating (4) It held at least one public hearing warned at least 15 Facilities and that it will notify the Secretary of the days prior to obtain the views of citizens on community receipt of any communication from the Director of the development and furnished citizens with information EPA Office of Federal Activities indicating that a facility required by the Federal and State Acts. to be used in the project is under consideration for listing (5) It prepared statements of community development by the EPA. and housing needs,including the needs of lower income (11) Will,in connection with its performance of envi- persons and activities to be undertaken to meet such ronmental assessments under the National Environmental needs,the objectives and the projected use of community Policy Act of 1969,comply with: development funds,including information on the past (a)Section 106 of the Historic Preservation Act of use of such funds,if any,and have given affected 1966[16 USC 470]; citizens an opportunity to examine these statements and (b)Executive Order 11593(Protection and furnished a copy to the Agency. Enhancement of the Cultural Environment); (6) It allowed citizens an opportunity to examine the (c)the Preservation of Archaeological and Historic application and all supporting documentation and to Data Act of 1974[16 USC 469 et seq.];and submit comments thereon and will,in like manner, (d)the procedures prescribed by the Advisory provide citizen participation when considering substan- Council on Historic Preservation found at 36 CFR tial program amendments. 800. Further,the Grantee assures that it: S:\ACCD4\CCD-DHCATMD\FFY09\2009 CYCLE U AGREEMENrS\SOUTH BURLINGTON PGIATTACHMENT D.DOC May 29,2012 May 2012(09-II) AGENCY OF COMMERCE AND COMMUNITY DEVELOPMENT PAGE 1 of 2 VERMONT COMMUNITY DEVELOPMENT PROGRAM ATTACHMENT D Grant Agreement Burlington Aviation Technical Training Center City of South Burlington Single Grantee 07110-PG-II-2009-South Burlington-00007 (12) Will comply with: (a)Section 302 of the Lead-Based Paint Poisoning (a)the National Environmental Policy Act of 1969 Prevention Act,as amended[42 USC 4803(b)]; [42 USC 4321 et seq. and 24 CFR 58]; (b)the Architectural Barriers Act of 1968 [42 USC (b)the Endangered Species Act of 1973,as 4151]and the rules applicable thereto; amended[16 USC 153 et seq. and 10 VSA 4046 (c)Section 504 of the Rehabilitation Act of 1973 [29 and Chapter 123]; USC 794];and (c)Executive Order 11990,Protection of Wetlands; (d)the provisions of Section 104(b)(5)of the (d)the Fish and Wildlife Coordination Act of 1958, Federal Act which restricts recovery of capital costs as amended[16 USC 661 et seq.]; by assessing any amount against properties owned (e)the Fragile Areas Registry Act of 1977[10 VSA and/or occupied by persons with lower incomes. 6551]; Equal Opportunity and Fair Housing (f)the Safe Drinking Water Act of 1974,as (15) Will affirmatively further fair housing and will amended by the Safe Drinking Water Act of 1977 comply with Pub. Law 90-284[Title VIII of the Civil [21 USC 349 and 42 USC 210 and 300f et seq.] Rights Act of 1968;42 USC 3601 known as the"Fair pertaining to sole-source aquifers; Housing Act"],as amended and the regulations issued (g)the Clean Air Act of 1970,as amended[42 pursuant thereto[24 CFR 100 to 115]. USC 7401 et seq.]and Vermont law[10 VSA 551 (16) Will comply with and will immediately take any et seq.]as amended; measures necessary to effectuate compliance with Pub. (h)Executive Order 12088 relating to the L.88-352[Title VI of the Civil Rights Act of 1964;42 prevention,control,and abatement of water USC 2000d]and the regulations at 24 CFR 1. pollution and the Federal Water Pollution Control (17) Will comply with: Act of 1972,as amended,[33 USC 1251 et seq.] (a)Executive Order 11063 as amended by Executive and Vermont law[10 VSA 1251 et seq. and 18 Order 12259(Leadership and Coordination of Fair VSA 102, 1203 and 1218]; Housing in Federal Programs)and the regulations at (i)the provisions of Executive Order 11988 as 24 CFR 100 and 107; amended,relating to evaluation of flood hazards (b)Section 109 of the Federal Act[42 USC 5309] and with the flood insurance purchase requirements and the regulations issued pursuant thereto[24 CFR of Section 102(e)of the Flood Disaster Protection 570.496(b)]• Act of 1973 [42 USC 4001 et seq.]and Vermont (c)the Age Discrimination Act of 1975 [42 USC law[10 VSA 751 et seq. and Executive Order No. 6101 et and 17 of 1978]; seq.];]; (j)the Solid Waste Disposal Act,as amended by (d)the Americans with Disabilities Act of 1990 [42 the Resource Conservation and Recovery Act of USC 12010-12213;42 USC ereto.1]and the 1976[42 USC 6901 et seq.] and Vermont law[24 regulations issued pursuant thereto. VSA 2202a];and Other Requirements (k)noise abatement and control regulations[24 CFR (18) Will comply with the provisions of the Hatch Act 51] [5 USC 1501 et seq.]which limits the political activities Relocation and Acquisition of employees. (13) Will comply with: (19) Will provide a drug-free workplace according to the requirements set forth in the Drug Free Workplace (a)the acquisition and relocation requirements of the Act[Public Law 100-690 Title V, Subtitle D,41 USC Uniform Relocation Assistance and Real Properties 701 et seq.]. Acquisition Policies Act of 1970,as amended[42 (20) Will comply with the Single Audit Act of 1984,as USC 4601 et seq.],referred to as the"Uniform Act;" amended,OMB Circular No.A-133,and the State of (b)the implementing regulations of the Uniform Act Vermont Administration Bulletin No.5,Certification of issued by the Department of Housing and Urban Audit Requirement and Schedule of Federal Development(CFR Title 49,Part 24)contained in Expenditures. HUD Acquisition and Relocation Handbook 1378; (21) Will comply with the provisions of 24 CFR Part and 570.489(h)which govern Conflict of Interest. (c)the requirements of the Vermont Community (22) Will comply with the other provisions of The Development Acquisition and Relocation Policy. Federal Act[Title I of the Housing and Community Architecture and Construction Development Act of 1974,as amended;42 USC 5301 et (14) Will comply with: seq.];the State Act[10 VSA 29],the Agency Procedures and all other applicable requirements. S:\ACCD\ACCD-DHCA\PMD\FFY09\2009 CYCLE IMGREEMENTS\SOUTH BURLINGTON PG ATTACHMENT D.DOC May 29,2012 May 2012(09-11) AGENCY OF COMMERCE AND COMMUNITY DEVELOPMENT PAGE 2 of 2 Vermont Community Development Program ATTACHMENT E City of South Burlington Aviation Technical Training Center 07110-PG-II-2009-South Burlington City-00007 EXECUTIVE SUMMARY State of Vermont Agency of Commerce and Community Development Vermont Community Development Program Standard Grant Agreement Agreement#PG-II-2009-South Burlington City-00007 I. PARTIES This is a Grant Agreement between the State of Vermont,Agency of Commerce and Community Development(the "Agency"), and the City of South Burlington with principal place of business at,physical address 575 Dorset Street, South Burlington,Vermont 05403. The Grantee is required by law to have a Federal ID# 036002712 and DUNS# 019506690. II. SUBJECT MATTER The subject matter of this Grant Agreement is to assist with the pre development and design of a new Bulington Aviation Technical Training Center at the Burlington airport. Work includes architectural services, civil design services and permit applications and fees. Detailed services to be provided by the Grantee are described in Attachment B. III. MAXIMUM AMOUNT In consideration of the services to be performed by the Grantee,the State agrees to pay the Grantee, in accordance with the payment provisions specified in Attachment A, a sum not to exceed $30,000. IV. GRANT TERM The period of Grantee's performance shall begin on 03/05/2010 and end on 12/31/2013. V. SOURCE OF FUNDS Federal 97% Other 3% VI. FEDERAL AWARD INFORMATION CFDA Title: Community Development Block Grants/State's program CFDA Number: 14.228 Project Name: Aviation Technical Training Center Program Year: 2009 Federal Granting Agency: Housing and Urban Development Research and Development Grant: No VII. AMENDMENT No changes, modifications, or amendments in the terms and conditions of this Grant Agreement shall be effective unless reduced to writing, numbered, and signed by the duly authorized representative of the State and Grantee. May 29,2012 Page 1 Vermont Community Development Program ATTACHMENT E City of South Burlington Aviation Technical Training Center 07110-PG-II-2009-South Burlington City-00007 VIII. CANCELLATION This Grant Agreement may be suspended or cancelled by either party by giving written notice at least 30 days in advance. IX. CONTACT PERSONS The Grantee's contact person for this award is: Name: Sanford Miller Telephone Number: (802) 846-4107 E-mail address: smiller@sburl.com Name: Cathyann LaRose Telephone Number: (802) 846-4106 E-mail address: clarose@sburl.com X. FISCAL YEAR The Grantee's fiscal year starts Jul, 1 and ends Jun, 30. XI. ATTACHMENTS This Grant consists of 20 pages including the following: Scope of Work to be Performed; Payment Provisions; Customary State Grant Provisions; and Other Provisions in the following attachments that are incorporated herein: VCDP Standard Provisions Attachment A—SPECIAL CONDITIONS Attachment B—DESCRIPTION OF ACTIVITIES AND BUDGET Attachment C—PERFORMANCE INDICATORS Attachment D—CERTIFICATIONS AND ASSURANCES Attachment E—EXECUTIVE SUMMARY May 29, 2012 Page 2 Forms,Policies and Resolutions GRANT AGREEMENT RESOLUTION - SINGLE GRANTEE Form PM-1 WHEREAS, the (check one) [ ] Town [v]'City [ ] Village of SOL,A, has applied for funding under the Vermont Community Development Program, as provided for in 10 VSA Ch. 29, and has received an award of funds under said provisions; and WHEREAS, the Agency of Commerce and Community Development has tendered a Grant Agreement # 0')11016 1J 404 to this municipality for said funding: Now, THEREFORE, BE IT RESOLVED as follows: 1) that the legislative body of this municipality accepts and agrees to the terms and conditions of said Grant Agreement;2) that (Name) 9\:)\outi" R-et-) Title 09.-n�L) C is hereby designated as the person with overall Administrativev responsib lity for the VCDP activities related to this Grant Agreement; and 3) that (Name) SG r`t tt Title CC 11144d4G� who is either the Chief Executive Officer (CEO), as defined by 10 SA §683(8), or is the Town Manager, the City Manager, or the Town Administrator, hereby designated as the Authorizing Official (AO) to execute the Grant Agreement and other such Documents as may be necessary to secure these funds. Passed this day of LEGISLATIVE BODY (Typed Name) (Signature) Rosanne Greco, Chair Helen Riehle, Vice Chair Pam Mackenzie, Clerk Sandra Dooley Paul Engels '� `,zx� - N ✓—," r A#` �� `dt 3�� '�'' b h 9�` 3 ��� :*,k 4.r1 � ..}?'y.^_Y5¢ �! 4- yk �#+� ,�ply 7 For An �`enc Use 7 Y r Ta't , y Vs # ,wr � r�- � �° Processed By� Chapter 3-15 4.4 ,0 City of South Burlington I#��� City Clerk's Office Donna Kinville, City Clerk June 27, 2012 The following Entertainment permits were approved by The South Burlington City Council after review by the city police, fire, recreation, zoning and highway/ health departments. Name Event Oh My Dog/All Breed Rescue fundraiser/music & BBQ-7/14/2012 GE Healthcare employee picnic/Dorset Park- /7/24/2012 Rosanne Greco Chair Helen Riehle Vice Chair Paul Engels Councilor Sandra Dooley Councilor Pam Mackenzie Clerk 575 Dorset Street South Burlington,VT 05403 802-846-4105 dkinville@sburl.com CFI City of South Burlington City Clerk's Office "4a Donna Kinville, City Clerk `f4* SPECIAL EVENT(ENTERTAINMENT) OR CATERING PERMIT FULL NAME OF PERSON, PARTNERSHIP OR CORPORATION: GaI'� CONTACT PHONE NUMBER OR E-MAIL: ear) -far' ADDRESS: 4t0 1.1�X z(h1V� DATE RECEIVED BY CLERK'S OFFICE: • /5-a POLICE --- POLICE APPROVED: 044. DATE: 6 FIRE APPROVED: 12430 DATE: /19/12— ZONING APPROVED: 1 DATE: ep ROC: RECREATION APPROVED: DATE: 6 Ia-� HIGHWAY/HEALTH DEPT APPROVED: 0..g DATE: •at lc:9 — CITY COUNCIL DATE: DATE SENT TO MONTPELIER: ------ ' a . CITY OF SOUTH BURLINGTON ENTERTAINMENT LICENSE APPLICATION Type of Application 0 Annual Permit Special Event Permit Date of Application: /5 WI f DO / o� Name of Establishment: / Address of Establishment: �� 14 Y .41/ie k, -C'( , Zi. i,V I o sio Name and Address of Owner: Name and Address of Operator: Fa44. - jU Ao- ct-A1 — Complete Description of Show: urcC. tAmtio terzit le3 OW 0L t - go �m. . LDS I9 ptbC . r• V� y- wiLk_a�� a A k rt CL Date(s)of Show and Hour(s)of Operation: Date(s): V u Lyi �7 1 (DLO/ Hours(s): /. 5 /'3D/oorn Security Provisions: 1-t /114 As applicant, I have read and understand the provision of the South Burlington Ordinance Regarding Licensure of Regulation of Circuses,Carnivals and Other Shows. I also understand that only the specific type of entertainment applied for in this license is permitted and that additional types of entertainment will require an additional application. / r Signature South Burlington City Council Action: 1. Verification of license fee: (See Section 6 or Ordinance) City Manager 2. Verification of approval standards: (See Section 4 of Ordinance) Council Chair 3. Application of License has been approved/disapproved by South Burlington City Council On ,20 4. Special Conditions attached to License(See Section 5 of Ordinance). South Burlington City Council Chair Date Laura From: Tom Hubbard Sent: Tuesday, June 19, 2012 4:21 PM To: Laura Subject: RE: Street permit and Entertainment(2) Thanks Laura, all set with us... Tom Thomas Hubbard, CPRP Director South Burlington Recreation& Parks Dept. 575 Dorset Street South Burlington, VT 05403 802-846-4108 office 802-846-4101 fax thubbard@sburl.com www.sburlrecdept.com From: Laura Sent: Tuesday, June 19, 2012 4:13 PM To: Trevor Whipple; Doug Brent; Justin Rabidoux; Tom Hubbard; ray Subject: Street permit and Entertainment(2) Hi All- Attached 3 permits for viewing. Note: Doug-you are all set with these and Tom H.-You just need to view the Dorset Park permit(last one) Thanks all! Laura 1411 r1 Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 lkimball@sburl.com 1 Laura From: ray Sent: Wednesday, June 20, 2012 8:50 AM To: Laura Subject: RE: Street permit and Entertainment(2) No zoning issues. • Ray Belair Administrative Officer City of So. Burlington 802-846-4106 From: Laura Sent: Tuesday,June 19, 2012 4:13 PM To: Trevor Whipple; Doug Brent; Justin Rabidoux; Tom Hubbard; ray Subject: Street permit and Entertainment(2) Hi All- Attached 3 permits for viewing. Note: Doug-you are all set with these and Tom H.-You just need to view the Dorset Park permit(last one) Thanks all! Laura SI 13 , Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 lkimball@sburl.com 1 Laura From: Justin Rabidoux Sent: Wednesday, June 20, 2012 11:07 AM To: Laura Subject: RE: Street permit and Entertainment(2) These are all OK with me. • From: Laura Sent: Tuesday, June 19, 2012 4:13 PM To: Trevor Whipple; Doug Brent;Justin Rabidoux; Tom Hubbard; ray Subject: Street permit and Entertainment(2) Hi All- Attached 3 permits for viewing. Note: Doug-you are all set with these and Tom H.-You just need to view the Dorset Park permit (last one) Thanks all! Laura Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 lkimball@sburl.com 1 Laura From: Trevor Whipple [twhipple©sbpdvt.org] Sent: Friday, June 22, 2012 3:32 PM To: Laura Subject: RE: Street permit and Entertainment(2) These are all approved. I previously sent what I hoped to be conditions on the Cardboard Car Race permit. Thanks, Trevor S.Whipple Chief of Police City of South Burlington 19 Gregory Drive South Burlington,VT 05403 (802)846-4155 twhipple(asbpdvt.orq From: Laura [mailto:lkimball@sburl.com] Sent: Tuesday, June 19, 2012 4:13 PM To: Trevor Whipple; Doug Brent; Justin Rabidoux; Tom Hubbard; ray Subject: Street permit and Entertainment (2) Hi All- Attached 3 permits for viewing. Note: Doug- you are all set with these and Tom H.- You just need to view the Dorset Park permit (last one) Thanks all! Laura dg ^ Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 lkimball@sburl.com 1 OA ► City of South Burlington 4 City Clerk's Office Donna Kinville, City Clerk SPECIAL EVENT(ENTERTAINMENT) OR CATERING PERMIT FULL NAME OF PERSON, PARTNERSHIP OR CORPORATION: CONTACT PHONE NUMBER OR E-MAIL: ADDRESS: l.6 o3 DATE RECEIVED BY CLERK'S OFFICE: //)6 13/ POLICE APPROVED: DATE: FIRE APPROVED: De) DATE: 61(9 �Z ZONING APPROVED: 0/•4, DATE: 470) • RECREATION APPROVED: kJA., DATE: HIGHWAY/HEALTH DEPT APPROVED: DX, DATE: 4 b /c:9----- CITY COUNCIL DATE: DATE SENT TO MONTPELIER: h S 4.f.,.. gske, -_- 1. v.,1 4'440 - N ... . . ..%„„ v-tvill ..vg-g- rli 40 4$14 cz A.iv, z 13 ; .z-it till 1 4 ql ' il.6A-- vr' N u..711r/ 1 t L. 4 :. 4 ,-.., , -k, _ W-1 .„ t.i , t.-,' .:1'...,- -..4-.... AIL.f'-`21.,,` b ..,.. .,,y . J. ,..4.I. VERMONT ENTERTAINMENT LICENSE APPLICATION , Type•of Application E Animal.Permit Date of Application: , ' lir Special Event Permit Narilevf Eatalai i s hm eta NI_ 'Cx-e-Pcs. P..e.4.5ave, Adck•os.s,pfE*Iitislinwit; 1% LA me. ___ScsowN ,-°Bocki'-ciskork vr . Name Qwner: .: ,--TZ.k.er'' 'a ers4:: ?Ift:ii.'/tVet'Zi Address-tifOnem 1 S ' . 0A).Vci WtCYCCM\d- Ns.re,„ 1 3 ' Name,of Operator &V\ . ),-A' '._ 9 4 * f Acktrm 40042w-11. ‘% Um e... S2N Ocle, if COMPlet0 Dt4driPtiOn of Show: fOIAC )(""Nk, e..,c- cc\cAkkc\ r lit\‘'.4 ,--, 136 Date( )of Show and Hour(s) of Operation: Dat4s): '" 'Ill'A AI.. Hopi-44 Vi 09—S*..-C3 0 tiliZ) Security Provisions,: 0./A As applicant,I have read and understand the provision tithe South Burlington Ordinance Regarding Licensureof Regulationeeirellse$, Carnivals and Shows.I also understand that only the specific type of entertainment applied for in this license is permitted and that additional types of entertainment will require an additional application. ittrat 6 A pp I icanCg.gigp jiefurn ature: i Date: - Co(t3 It 2- South Burlington City Council Action: 1. Verification of license fee: (See Section 6 or Ordinance) City Manager 2. Verification of approval standards: (See Section 4 of Ordinance) Council Chair 3. Application of License has been approved/disapproved by South Burlington City Council On ,20 4. Special Conditions attached to License(See Section 5 of Ordinance). • South Burlington City Council Chair Date Laura From: Justin Rabidoux Sent: Wednesday, June 20, 2012 11:07 AM To: Laura Subject: RE: Street permit and Entertainment (2) These are all OK with me. From: Laura Sent: Tuesday, June 19, 2012 4:13 PM To: Trevor Whipple; Doug Brent; Justin Rabidoux; Tom Hubbard; ray Subject: Street permit and Entertainment (2) Hi All- Attached 3 permits for viewing. Note: Doug-you are all set with these and Tom H.-You just need to view the Dorset Park permit (last one) Thanks all! Laura yor*,1 Er Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington, Vt. 05403 lkimball@sburi.com 1 Laura From: ray Sent: Wednesday, June 20, 2012 8:59 AM To: Laura Subject: RE: Street permit and Entertainment(2) No zoning issues. Ray Belair Administrative Officer City of So. Burlington 802-846-4106 From: Laura Sent: Tuesday, June 19, 2012 4:13 PM To:Trevor Whipple; Doug Brent; Justin Rabidoux;Tom Hubbard; ray Subject: Street permit and Entertainment (2) Hi All- Attached 3 permits for viewing. Note: Doug-you are all set with these and Tom H.-You just need to view the Dorset Park permit(last one) Thanks all! Laura ar Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 IkimballPsburl.com 1 Laura From: Trevor Whipple [twhipple@sbpdvt.org] Sent: Tuesday, June 26, 2012 11:14 AM To: Laura Subject: FW: Street permit and Entertainment(2) Laura, I sent this on Friday. It is for the group of three permits. Cardboard cars, Oh My Dog and the GE Health Care employee event. Thanks, Trevor Trevor S.Whipple Chief of Police City of South Burlington 19 Gregory Drive South Burlington,VT 05403 (802)846-4155 twhipple a(�.sbpdvt.orq From: Trevor Whipple Sent: Friday, June 22, 2012 3:32 PM To: 'Laura' Subject: RE: Street permit and Entertainment(2) These are all approved. I previously sent what I hoped to be conditions on the Cardboard Car Race permit. Thanks, Trevor S.Whipple Chief of Police City of South Burlington 19 Gregory Drive South Burlington,VT 05403 (802)846-4155 twh i p p l ena,s b pd vt.orq From: Laura [mailto:Ikimball@sburl.com] Sent: Tuesday, June 19, 2012 4:13 PM To: Trevor Whipple; Doug Brent; Justin Rabidoux; Tom Hubbard; ray Subject: Street permit and Entertainment (2) Hi All- Attached 3 permits for viewing. Note: Doug-you are all set with these and Tom H.-You just need to view the Dorset Park permit(last one) Thanks all! Laura 1 • southburlington PLANNING & ZONING MEMORANDUM TO: South Burlington City Council & City Manager FROM: Kimberly Murray, Development Coordinator SUBJECT: Continued Interim Zoning Application #IZ-12-05 (315 Dorset Heights) DATE: July 2, 2012 City Council meeting Enclosed please find supplemental information received 6/28/12 by the applicants, Heidi Boncher and Joel White, of how they believe they meet the Interim Zoning review criteria in accordance with the guidance prepared by the City Attorney. The public hearing is continued to the 7/2/12 meeting. The applicants are seeking interim zoning approval for additions to their single family home. The proposed development consists of an addition to the house of 2,000 square feet(2 stories at 1,000 sq feet each) connected to the existing house, and the addition of a walkway and garage of 1,100 square feet on 1 story. The applicants will be in attendance at the continued public hearing on Monday. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com Interim Zoning Application- Boncher/White Addition 315 Dorset Heights, South Burlington We are proposing an addition to our existing home which is located on Dorset Heights. Dorset Heights is an established built-out neighborhood in South Burlington and our home is more than 40 years old. The primary purpose for this addition is to provide living space for Heidi's elderly father who is ill and no longer able to live on his own. Our addition will provide an additional bedroom and living space to accommodate him. We have carefully designed our addition with a professional architect (Michael Minadeo) so it will be compatible with the architecture of the existing home. Examples of this design effort include the following: 1. We have sited the addition to take advantage of the existing screening created by the hedgerow that runs along the front of our property and by retaining the large maple tree to the front left of our house that will screen most of the addition (See photos described below). As a result, much of the addition will be screened from view from the street. 2. The addition has been sited on the footprint of an abandoned swimming pool. Therefore, the addition is located in a previously developed portion of our property. 3. The building materials and design for the addition will be compatible with the existing home. 4. The roof line of the addition will be lower than the main house. Turning to the specific review criteria under the Interim Bylaw,we offer the following responses: 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 Dorset Heights is in the SE Quadrant,miles away from Williston Road or the Dorset Street City Center. It is an established neighborhood that is not located in a heavily traveled corridor. Rather, Dorset Heights is a dead end road with no through traffic. Due to an existing hedgerow and mature trees on our lot, the new addition will be mostly screened from view from the street. Therefore, the design of this home and addition will not be regularly viewed by the public. ii) Support of sustainable agriculture; Our property is in the SE Quadrant and the rear portion has been designated as a sending area under the City's TDR program (within the NRP District). Our house addition is not located in the NRP portion of our lot and this area will remain open and available for open space purposes. Our house is located within the receiving zone under the TDR program and has been designated as an area for higher density development. We are not proposing additional lots or additional density at this time. Rather, our addition will be connected to our home and we are preserving all of our open space and enhancing our lot with extensive vegetable gardens,fruit orchards, perennials and planting of more large trees. iii) Support of conservation of open space; Our proposal furthers the goals of conserving open space because we are building an addition to our existing home (rather than building a new home on a vacant parcel) and we are preserving the open space area at the rear of our property. iv) Support of promotion of housing for people of all incomes and stages of life; Our house addition will not reduce affordable housing stock,we already own the home and land, and we are not taking away land from any other source that could be used for affordable housing.We are planning with this addition to house an elderly parent (speaks to income and life stage issue). v) Other aspects of the Purpose statement in Section I of Interim Bylaw. This includes: "a more affordable type of housing called cottage housing". Our addition will not reduce the City's ability to develop cottage housing. We already own our home and our addition will not take land away from any other source that could be used for cottage housing. The proposed development shall not result in an undue adverse effect on any of the following: A. The capacity of existing or planned community facilities, services, or lands. The proposed addition will not have any undue adverse effect on the capacity of existing or planned community facilities, services or lands. We are in an established neighborhood,we have our own community well and septic system. Our addition is for the purpose of housing an elderly parent. Therefore, the addition will not cause an increase in the demand for public services (such as impacts on schools, police or fire services). In addition,the addition will not create an increase in traffic. B. The existing patterns and uses of development in the area. Our proposed addition to our existing residence will not affect patterns of use in the area. This is an established neighborhood with homes similar in size to the home and addition we are planning. Our existing home was built over 40 years ago and we have carefully designed the addition so it is compatible with our existing home and our surrounding neighbors. In addition, our neighbors have expressed their support our proposed addition (see enclosed letter). C. Traffic on roads and highways in the vicinity. Proposed Addition will not increase traffic on roads in the vicinity at all since no new housing units are proposed. D. Environmental limitations of the site or area and significant natural resource areas and sites. We are actually under developing our lot within the receiving zone since the receiving zone would accommodate additional density under the TDR program. The open space area to the rear of our property will be protected and no development is proposed for this area. E. Utilization of renewable energy resources. There are no renewable energy sources within the area to be built. F. Municipal plans and other municipal bylaws, ordinances, or regulations in effect. We are under developing within the receiving zone of our land under TDRs. Below is a view of 315 Dorset Heights from the road and bike path. This provides a better understanding of how the house will be seen from the street. It is heavily obscured by a huge old maple tree that is at least 70 feet high and a very lush hedgerow that will make the house and addition very hard to see from the street. We will also bring a letter from our abutting neighbors indicating their support and approval of our project. We are observing all set back and size requirements: Side Yard Requirement South Burlington Proposed 315 Dorset Front 20 feet 131 feet Rear 10 feet 1087.25 feet North 10 feet 184 feet South 10 feet 86.25 feet Buildings, parking and impervious surfaces are much less than the 30% allowed Total impervious = (roughly) 3.3% View from Old Cross: ,k iti0. { 1. _ ^s ., Y _ ry '�� dtkr'�t ,Y lit* pyw n pi- 1.' ; ron ' x- ..r.5_...+"» ` sY�e,�6� ..,rye•` - wz r View from Dorset Heights-before house: 4 .' ,... •# Ac'P+ "`i�",`" �� 'a , 3t ,• yew, '' ...s.p,�.�v'a7. • s -w, ��y- tw x '°° ..',. ---.,,.`*'*..' , etiP.Vottt: „:' • _ t S i t tN !Y 3 '' to S_ V "4;`,7 ` Yl. itZt ''. ',s$%,3`q, x, 1,� ^,ter : '' 'i �,, iti% . k`o 3�: s> y.F F § x i {, i �' ` "a, �� � ��v �. � A R . e�,��a� '"?� ' 3'"* ,yam...' '� '' . /R' m:a f" s' ax, W' As�e..i':j ..-.» .a t :a'H. A.. View from Dorset Heights- directly in front of house o a 2. View from Dorset Heights —past house: --:-,.L-.. --:sv;Ikvt. -.' 14 y 1,-4:40--''."'!"-- Ili,- •!-: • itii4-ft. ..-,..;•'•-•• .,...,t. \ . ,. „, -.,.,, .., E *"` i� ;‘ t ' • R, ad,.mesa... a, • • :.ayR'posir. ` „�-. rkrg � t"' xS', .a s '� f • +§l�' ;t� ., p+h P r r wY t x .r F a r y A._ • i- tf 4 • Sl t r " a � A d i 7 v d t ash 5i .az % F *-` � v View from the North from Bike Path: f . p K i mow a» a. y � " :fir 4 1 ; } V. ^� y. a yi �'CSr'�t R r .sn � � � } 1� ,{tea L +eta_.y.,ss'!" s r `M' .� f� 5 . ,dam y-w ""' '.. a . - t141 t '�*� a•ry .' r I 7 _ k 'stC � st - `$ai A.- t C ;� ;ry { M" # „�r : ! . .i A.A ,*g1 dui„ ' _ _. x � •:,-.4..t '„ a a -,..lit 'fi i M ' $ 1N, t r � 5 s as 4 . *< } , COMMITTEE VOLUNTEERS SCORE SHEET: COMMITTEE #POSSIBLE APPOINTS POSITION TERM CANDIDATE APPOINTEE APPOINT. TO OTHER POS. NOTES Airport Commission 1 2-year Patricia Nowak 2-year _ David DesLauriers 2-year Eugene Palombo , City Charter Committee 1 3-year *Peter Taylor Correctional Facility Liaison 1 3-year 1 Francine Mackin Design Review Comm. LDR Requires 5 members. As of 7/1/12 only 3 members left. • No new applicants. Council to decide options for committee at future meeting. Dev. Review Boad 2 3-year *William Stuono 5-9 members required. _ 3-year Art Klugo Currently 7 members. --_ 3 applied. 2-year remaining on Athel Miller&Art Recommend: (1)4-year term, (1)3-year term 1 j a 3-year term Klugo &(1) 1-year term. Energy Committee 2 3-year *Marc Companion Currently 7 members. *Donald Cummings Potentially, could be larger. Mark Dupuis Mark did not specify a term Patrick Clemins Patrick did not specify a term * Imcumbents COMMITTEE VOLUNTEERS 2-year remaining on 1 a 3-year term Peter Tousley COMMITTEE #POSSIBLE APPOINTS POSITION TERM CANDIDATE APPOINTEE APPOINT. TO OTHER POS. NOTES Library Board 3 3-year Donald Jenkins Elaine Dates *Jennifer Kochman *Nancy Simson Didn't specify any term Tracey Tapley Didn't specify any term 2-year remaining on 1 a 3-year term 1-year remaining on 1 a 3-year term Natural Resource Comm. 3 3-year *Elizabeth Milizia Patrick Clemins Mark Dupuis Pension Advisory Comm. 1 1-year *Wyrth Baker *Resident property owner Melanie Brown Richard Hubbard (2)4-year&(1) 3-year meets charter Planning Commission 2 4-year Patrick Clemins requirements. Still does not meet 2nd requirement of 2 Art Klugo appointments per year. * Imcumbents * -o '@ O m X X 0 7 > > 2 a. CD P c m -I 0 ƒ n a 2 7 7i / 0 0 0 m : A 2 o . o m ( » 2 I- 3 \ 7 C CD A > ie CD o A. / 0 . .. ill _ _ £ /\ »/ m / wE E/ CD dE E \ CD % 0 uIi CD k O/ k k ƒ § z $ / / m o 3 d E C a / / O ƒ 1>20 2 7 § 0 -, , c r c 0@w1 C kC3 / 7 7 . 7 2 § 2 a 0 ' • m m 0 � It C H m M 73 1111111 III D -o -o O 2 . OM 0 I m M -0 0 @111111 /co / \ \ \ D 0 Fs) E E 8- E ) ) Cl) CD \ CD CD CD k E ¢ 9 CD CD C Cl) Z 0 Cl) Cl) / 0 k o 0 o @ @ 0) c k03 Ak• tv P) Council Meeting Committee Volunteers List CANDIDATE NAME , FIRST CHOICE SECOND CHOICE THIRD CHOICE INTERVIEW DATE COMMENTS *Baker, Wyrth Pension Advisory June 4, 2012 Boulanger, Matthew Recreation Path - 1 year June 18, 2012 Brown, Melanie 'Pension Advisory June 18, 2012 Clemins, Patrick Planning Corn. -Any term Energy-Any term Natural Resources June 18, 2012 *Companion, Marc Energy- 2 year term June 18, 2012 *Cummings, Donald Energy- 2 year term June 4, 2012 Dates, Elaine Library Committee - 3 year Library Committee - 2 year Library Committee - 1 year June 4, 2012 DesLauriers, David Airport Commission June 4, 2012 *Ducharme, Sue Recreation/Leisure Arts June 18, 2012 Dupris, Mark Rec Path Energy - Any term Natural Resources July 2, 2012 _ Hershberg, Mike Red Rocks Park Recreation/Leisure Arts Recreation Path June 4, 2012 Hubbard, Richard Pension Advisory June 18, 2012 Janes, Linda Recreation/Leisure Arts June 4, 2012 Jenkins, Donald Library Board - 3 year June 18, 2012 Klugo, Art DRB-2 year remainin DRB - 3 year Plan. Commission - 2 year July 2, 2012 *Incumbents Council Meeting Committee Volunteers List CANDIDATE NAME FIRST CHOICE SECOND CHOICE THIRD CHOICE COMMENTS *Kochman, Jennifer Library Committee -Any term June 4, 2012 *Leban, Donna Recreation Path - 3 year June 4, 2012 Mackin, Francine Correctional Facility Liason June 4, 2012 *Milizia, Elizabeth Natural Resources June 4, 2012 Miller, Athel "Bill" Development Review June 18, 2012 Nowak, Patricia Airport Commission June 4, 2012 Palombo, Eugene Airport Commission - 2 year July 2, 2012 Quest, Sophie Planning Commision June 18, 2012 *Simson, Nancy Library Board -Any term June 18, 2012 *Stuono, William Development Review- 3 year Planning Corn. - 3 year June 18, 2012 Tapley, Tracey Planning Commission - 3 year Library Board - any term June 4, 2012 *Taylor, Peter City Charter Committtee June 4, 2012 Tousley, Peter Energy- 1 year term June 18, 2012 *Incumbents COMMITTEE VOLUNTEERS SCORE SHEET: COMMITTEE #POSSIBLE APPOINTS POSITION TERM CANDIDATE APPOINTEE APPOINT. TO OTHER POS. NOTES Airport Commission 1 2-year Patricia Nowak 2-year David DesLauriers 2-year Eugene Palombo City Charter Committee 1 3-year *Peter Taylor Correctional Facility Liaison 1 3-year Francine Mackin Design Review Comm. _ LDR Requires 5 members. As of 7/1/12 only 3 members left. No new applicants. Council to decide options for committee at future meeting. Dev. Review Boad 2 3-year *William Stuono 5-9 members required. 3-year Art Klugo Currently 7 members. 3 applied. 2-year remaining on Athel Miller&Art Recommend: (1)4-year term, (1)3-year term 1 a 3-year term Klugo L &(1) 1-year term. Energy Committee 2 3-year _ *Marc Companion _ Currently 7 members. *Donald Cummings Potentially, could be larger. Mark Dupuis Mark did not specify a term Patrick Clemins Patrick did not specify a term 2-year remaining on 1 a 3-year term Peter Tousley * lmcumbents COMMITTEE VOLUNTEERS COMMITTEE #POSSIBLE APPOINTS POSITION TERM CANDIDATE APPOINTEE APPOINT. TO OTHER POS. NOTES Library Board 3 3-year Donald Jenkins Elaine Dates *Jennifer Kochman *Nancy Simson Didn't specify any term Tracey Tapley Didn't specify any term 2-year remaining on 1 a 3-year term 1-year remaining on 1 a 3-year term Natural Resource Comm. 3 3-year *Elizabeth Milizia Patrick Clemins - Mark Dupuis Pension Advisory Comm. 1 1-year *Wyrth Baker *Resident property owner Melanie Brown Richard Hubbard (2)4-year&(1)3-year meets charter Planning Commission 2 4-year Patrick Clemins requirements. Still does not meet 2nd requirement of 2 Art Klugo appointments per year. No resolution to second issue. 1 3-year Tracey Tapley William Stuono Sophie Quest * Imcumbents COMMITTEE VOLUNTEERS COMMITTEE #POSSIBLE APPOINTS POSITION TERM CANDIDATE APPOINTEE APPOINT. TO OTHER POS. NOTES Rec. Path Committee 1 3-year Mark Dupuis *Donna Leban Mike Hershberg 1-year remaining on 1 a 3-year term Matt Boulanger Change to new 3-year term Rec. Comm. &Leisure Art 3 3-year *Sue Ducharme Mike Hershberg Linda Janes Red Rocks 1 3-year Mike Hershberg CCRPC 1 with 1 alternate 2-year Current terms expire as of 6/30/12 TAC (Transportation Advisor 1 with 1 alternate 2-year Current terms expire as of 6/30/12 PAC(Planning Advisory Corr 1 with 1 alternate 2-year Current terms expire as of 6/30/12 * Imcumbents A <. COMMITTEE VOLUNTEERS * Imcumbents Council Meeting Committee Volunteers List I I CANDIDATE NAME FIRST CHOICE SECOND CHOICE THIRD CHOICE INTERVIEW DATE COMMENTS Dupuis, Mark Rec Path Energy Natural Resources July 2, 2012 Klugo, Art DRB - 2 years Partial DRB - 3 year Planning Commission July 2, 2012 Palombo, Eugene Airport- 2 year remaining July 2, 2012 *Incumbents City of South Burlington Board,Commission,&Committee Vacancies FY 13 Board/Commission/Committee #of Possible Term(s) Candidates First Candidates Second Candidates Third Incumbent s Appointments Choice ( ) Current Members Description of Duties Choice Choice (Term Ends) Airport Commission 1 2-years remaing on a 4-year term Patricia Nowak,David Vacant Vacant(2014) Oversees operations of the DesLauriers,Eugene Palombo Burlington International Airport, plus servers on committees assigned by the Commission. The Rep is a conduit to the City and City Council and serves as a voting member for the City. The Commission meets the third Monday of every month. (1 member) CCTA 0 3-year Steve Magowan(2014),Bill Sets goals promoting the safe, Wessel(Alt)(2014) convenient,accessible, innovative and sustainable operation of a public transportation service in • Chittenden County which guides Stevev�anowan appointed at March 21,2011 the CCTA General Manager. City Council meeting for July 1,2011.Riil Wessel appointed Altemate Commissioner for same period. (1 member,1 Alternate) City Charter Comm. 1 3-year *Peter Taylor Peter Taylor Peter Taylor(2012),Donna Advises City Council on City Kinville(2013),Agnes Clift Charter;recommends (2014),David Coriell(2014),Dan amendments as required. Meets Fleming(2014) as necessary. (5 members) Chittenden Solid Waste District Paul Stabler(2013),Mark Advises District by setting policy 0 Boucher(Alt)(2013) and making major decisions. (1 member,1 Alternate) 1 Incumbent Prepared by:J.Ladd 6/29/2012 Board/Commission/Committee #of Possible Term(s) Candidates First Candidates Second Candidates Third Incumbent(s) Current Members Description of Duties Appointments Choice Choice Choice (Term Ends) Correctional Facility Liaison 1 3-year Francine Mackin Susan Wheel Maurice Cloutier(2014),Sally Reviews activity at the South Fox(2013),Helen Head Burlington Correctional facility. (2013),Martin Kenny(2014), Meets 6 times a year. Susan Wheeler(2012),William Tegtmeyer(Alt)(2013) (5 members,1 Alternate) Design Review Comm. BOB TO GET Mike Tarricone,Vacant Mike Tarricone(2012),Vacant Develops standards for design of INFORMATION (2012),Jean-Sebastien development for consideration by Choulot(2013),Adam Davis the Planning Commission; (2013),Marcel Beaudin(2014) advises Development Review Board on proposals within design districts. Meets once a month. Vacant,Vacant (5-7 members) Development Review Board 2 3-year *William Stuono, Art Klugo Matt Birmingham,Bill Stunono Matt Birmingham(2012),Roger Reviews and makes Vacant Farley(2013),Mark Behr(Chair) determination on development (2014),Bill Stuono(2012), proposals for commercial and Michael Sirotkin(2014),Vacant- residential property. Meets on (2014),Tim Barritt(2015) Tuesday evenings twice a month; occasionally more often. 1 2-year remaining on 3-year term Athel Miller,Art Klugo (7 members) Energy Committee 2 3-year *Marc Companion,'Donald Patrick Clemins(any term), Marc Companion,Donald Marc Companion(2012),Donald Assists the City in addressing the Cummings Mark Dupuis Cummings Cummings(2012),Keith Epstein goals to promote energy Vacant (2013),Marcelyn Murray(2013), efficiency,affordable engery,and Sam Swanson(2014),Laura lessen our reliance on non- Waters(2014),Vacant(2014) rernewable engery resources. Meets once a month;occasionlly more often with working groups. 1 2-years reamining on 3-year term Peter Tousley Currently (7 members) Library Board 3 3-year Donald Jenkins,Elaine Tracey Tapley(any term) Jennifer Kochman,Nancy Jennifer Kochman(2012),Nancy Works closely with Community Dates, Simpson,Cathy Sheffield Simpson(2012),Cathy Sheffield Librarian to set policy for library. *Jennifer Kochman(any Vacant (2012),Jay Pasackow Considers future needs of the term),*Nancy Simson(any Vacant (2013),Susan Blanton(2014), library. Meets once a month. term) Michelle Cannon(2014),Frank Scanlan(2014),Vacant(2013& 2014) 1 2 years remaining on 3-year term Elaine Dates (9 members) I1 1 year remaining on 3-year term 1 Elaine Dates Prepared by:J.Ladd 2 *Incumbent 6/29/2012 Board/Commission/Committee #of Possible Term(s) Candidates First Candidates Second Candidates Third Incumbent(s) Current Members Description of Duties Appointments Choice Choice Choice (Term Ends) Natural Resource Comm. 3 3-year Elizabeth Milizia Patrick Clemins& Elizabeth Milizia,Beth Thorpe, Russell Agne(2014),Marie Conducts studies and William Shuele Ambusk(2013),Peter Jones management plans for natural (2013)Elizabeth Milizia(2012), resources in the City;proposes Jonathan Miller(2014)Beth strategies and policies to Thorpe(2012),William Schuele Planning Commission. Meets (2012),Laura Williams(2014) once a month. Mark Dupuis (8 members) Pension Advisory Comm. 1' 1-year Melanie Brown,Wyrth Wyrth(Spencer)Baker City Manager,Assistant City Reviews South Burlington Baker, Richard Hubbard Manager,City Treasurer,City Retirement Income Plan(SBRIP) Councilor(Paul Engels), Union investments and Plan documents Representatives(one member and makes recommendations to from each of the four Collective City administration. Bargaining Units), Wyrth(Spencer)Baker'(2012) *Resident property owner (9 members) Planning Commission 2 4-year Patrick Clemins(any term) Art Klugo Tim Duff Barbara Benton(2015),Jessica Drafts log range plans and land Chris Shaw,Bob McDonald Louisos Clark(2014),Chris Cole use regulations for consideration (2015),Tim Duff(2012),Bob by City Council;undertake McDonald(2012),Tim Reihle special studies on land use (2013),Chris Shaw(2012), issues. Meets,twice a month; occasionally more often and with special project assignments. 1 3-year Tracey Tapley,Sophie William Stuono Quest 'Some terms are 4yrs.and some are 3yrs. (7 members) Rec.Path Comm. 1 3-year *Donna Leban,Mark Mike Hershberg(any Donna Leban David Jacobowitz(2014),Louis Oversees the general operation Dupuis(any term) term) Vacant Bresee(2013),Rick Hubbard of the City's recreation path (2013),Donna Leban(2012), system,which includes paved vacant(2013),Roy Neuer(2013), paths,trails and sidewalks. Dana Farr(2014),Michelle Advises the City Council of Connor(2014),Miranda Voegeli operational needs and (2014) Development Review Board future development plans for the path network. Meets on 1st Monday of every month. 3 'Incumbent Prepared by:J.Ladd 6/29/2012 Board/Commission/Committee #of Possible Term(s) Candidates First Candidates Second Candidates Third Incumbent(s) Current Members Description of Duties Appointments Choice Choice Choice (Term Ends) I1 1-year remaining on a 3-year ter Matthew Boulanger I I I (9 members) Rec.Comm.&Leisure Art 3 3-year _inda Janes,*Sue Ducharme Mike Hershberg Betsy Jackson,Susan Ducharme, i/Liz Robitaille(2013),Betsy Works with Recreation&Parks Vacant Jackson(2012),Laura Director to review current DeMaroney(2014),Susan programs and suggest additional Ducharme(2012),Vacant(2012), opportunities. Meets every other Jennifer Kochman(2013),Edie month. Robenstein(2013),Glenn Sproul (2014),Eric Ciemniewski(2014) (9 members) Red Rocks 1 3-year Mike Hershberg Vacant Jed Lowy(2014),Mary Jo Reale Works with the Recreation& (2014),Lisa Yankowski(2013), Parks Director to review issues Yiota Ahladas(2014),Joe Frank that pertain to the use of Red (2014),Erwin Cohen(2013) Rocks Park. Meets 2-3 times a Vacancy(2012) year with a pre-season walk of the park and a post evaluation. (7 members) Winooski Valley Park District 0 3-year Joseph Payne Oversight of Park District Properties and Droarams. (1 member) CCRPC 1 with 1 alternate 2-year Vacant Sandy Dooley(2012)-Primary rep Marcel Beaudin(2012)-1st Alt. (1 member&1 alt.) Rosanne Greco(2012)-2nd Alt. (1 member&1 alt.) TA (Transportation Advisory Commit 1 with 1 alternate 2-year Vacant Justin Rabidoux(2012) PAC(Planning Advisory Committee) 1 with 1 alternate 2-year Vacant Vacant 4 Prepared by:J.Ladd *Incumbent 6/29/2012