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HomeMy WebLinkAboutAgenda - City Council - 05/21/2012 • Owe Ityr southburlington VERMONT AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall 575 Dorset Street SOUTH BURLINGTON, VERMONT Executive Session 5:00 p.m. Monday, May 21, 2012 Consider entering executive session to discuss personnel, contract negotiations and litigation. Regular Meeting_ 6:00 p.m. Monday, May 21,2012 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 April 23rd, 2012. b) ### Sign Disbursements. c) *** Consider adopting agreed upon procedures for Councilors. d) *** Consider approval of Council priorities from Council workshop. e) *** Consider approval of an entertainment permit for: Go America Go Beverages at the Sheraton Hotel, May 23rd, 5:00 to 7:00 p.m. 5. Council Discussion regarding a possible position on the F-35 Draft EIS Report and proposed beddown program (Councilors and Staff). 6. Continue hearings on the following Interim Zoning applications: a) 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. b) 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. 7. *** Continue discussion on the NGA permit request for catered event August 11, 2012, from 5:00 p.m. to 9:00 p.m., on City property, for ticketed fundraiser for up to 175 people. Beer and wine are expected to be served (Councilors & Staff). 8. ***Consider and approve a Resolution Establishing Fiscal Year 2013 Water and Sewer Rates and Sewer Connection Fee (Justin Rabidoux, Director of Public Works). 9. ***Consider and approve a Resolution to create a Fueling Station Reserve Fund (Bob Rusten, Deputy City Manager). 10. *** Consider and approve a Resolution to create an Emergency Management Training— Paramedic (EMT-P) Reserve Fund (Bob Rusten, Deputy City Manager). 11. 't'' Consider approval of a Resolution to Document Fringe Benefits for Certain Employees (Sandy Miller, City Manager). 12. *** Discussion and possible appointment of City Treasurer (Councilors and Staff). 13. *** Discuss CCTV recording of meetings and priorities (Councilors and Staff). 14. *** Discussion and possible approval of the Pension Advisory Committee (PAC) Investment Policy Statement(Paul Engels, Councilor and Bob Rusten, Deputy City Manager). 15. Review and confirm calendar dates for upcoming Council meetings. 16. *** Reconvene as the Liquor Control Board to consider 2012-2013 Liquor Licenses: • Chipotle Mexican Grill, First Class Liquor License • Cupola Golf, Inc., First Class Liquor License 17. Other Business. • Any items held from the Consent Agenda. • Other? 18. Consider entering executive session for discussion of personnel matters, litigation and real property matters. 19. Adjournment. Respectfully S meted: Sanford I. Miller, City Manager *** Attachments Included #tHt Attachments Sent Separately or Previously South Burlington City Council Meeting Participation Guidelines The City Council Chair is presenting these guidelines for public participation and attendance at City Council meetings in an effort to insure that everyone has a chance to be heard and meetings function as smoothly as possible. 1. Please raise your hand to be recognized to speak. The Chair will make every effort to recognize the public in the order in which hands are raised. 2. Once recognized by the Chair, please identify yourself to Council. 3. If the Council has suggested time limits, please respect them. Time limits will be used when they can aid in making sure everyone is heard and sufficient time is available for Council to conduct business items. 4. In order for City Councilors and other members of the audience to hear speakers' remarks, side conversations between audience members should be kept to an absolute minimum. The hallway outside the Community Room is available should people wish to chat more fully. 5. Please address the Chair. Please do not address other audience members or staff or presenters and please do not interrupt others when they are speaking. 6. Make every effort not to repeat the points made by others. 7. The Chair will make reasonable efforts to allow everyone who is interested in participating to speak once before speakers address the Council for a second time. 8. Council desires to be as open and informal as possible within the construct that the Council meeting is an opportunity for Councilors to discuss, debate and decide upon policy matters. Council meetings are not"town meetings". To this end, after the public has had the opportunity to make comments, the Chair may ask that discussion be among Councilors. Request to Cater Malt and AFi?'RO, Prif,-)3inv I7ISAPFROVED VVinous Beverages& D E D Reasott: ________...__________. Spirituous Liquors JUL 2 0 2012 Caterer's Permit Number 3023-001-oat-Pi —. Bi14443g T -$ ..11@NTROL ENFORCEMENT& LIC,DIV. To: Board of Selectmen/Alderman at catered location and Vermont Liquor Control Board. From: Licensee name: Bittersweet Associates Cl/b/a: La Villa Street: 37CR Shelburne Rd Town/City: Shelburne vt . Contact name and phone number;PQ spell eo2 sae_ease Entail or VIM o* 11►itIavlllablstro,eom BE SURE TO READ.INSTRUCTIONS BELOW,BEFORE COMFLETINGAPPLICATION. (Each catered affair must have a recommendation fratnthe local Board of Selectman.or Alderman acting in their capacity as local control commissioners and must have the approval of the State liquor Control Board.) Please answer the following questions: a. Describe type of party to he catered: Fundraiser ,Ticketed event, 2. Location of catered party(street,town or city;If no address,describe location):�-- -- National Gardners Association, Dorset St,South Burlington, , g. Date of catered party(not more than five days,unless specifically authoiited: 8/11112 a. Hours Hof operation: Beginning 6 pm hrs.Ending 9pm hrs. No.o Persons 76 Signed:.,S,I,.Ui, elyl Date:_-41214 op We recommend: approval disapproved . If you recommend disapp •:: . :to reason(s):_ .. Town/City Clerk's signature • Town/City 5,C3u Ci'(' }On Date Of CATERED location, Fax Number or email address: .+. ... SUBMIT AT LEAST 5 DAYS PRIQB,TO DATE OF FUNCTION Submit to Town/City Clerl for recommendation. Town/City Clerk will email,fax or mail to Vermont Liquor Control Board, xB Green Mountain Drive, Montpelier,VT 0$ba2 email address:{HYPERLINIC"medic:DLO-Ltcensing(g state.vt.us"} IVax number is 8o2-8128- 1o31 LIQUOR CONTROL BOARD'S PROCEDURAL REQUIRMINN'i'S FOR CATERER'S PERMIT HOLDERS: i. All liquor control laws and regulations that apply to iut and s'class licenses also apply to caterer's permits, 2. Defoe a catered event is approved in any open area,the following requirements mustbefulfilled: a) A defined area,for serving and consumption of alcohol beverages,designated with physical barriers. b) Separate toilet and lavatory facilities available for both men.and women, APPROVED DISAPPROVED Request to Cater Malt and Date: Vinous Beverages & Reason: - Spirituous Liquors Caterer's Permit Number 3023-00I-cats•-01 (for denartrrrent use onhr) To: Board of Selectmen/Alderman at catered location and Vermont Liquor Control Board. From: Licensee name: Bittersweet Associates d/b/a: La Villa _- - Street: 3762 Shelburne Rd Town/City: ShaIbume vt Contact name and phone number;Jill spell 802 23$5599 Email or Fax# Jiil(d Iavillabistro.com '�' BE SURE TO READ INs it JttuenoNs BELOW,BEFORE COMPLETING APPLICATION. (Each catered affair must have a recommendation from the local Board of Selectman or Alderman acting in their capacity as local control commissioners and must have the approval of the State liquor Control Board.) Please answer the following questions: 1. Describe type of party to be catered: Fundraiser , Ticketed event, 2. Location of catered party(street,town or city;if no address,describe Location): National Gardners Association, MO Dorset St,South Burlington, 3. Date of catered party(not more than five days, unless specifically authorized: 8/'11/12 q. Hours of operation: Beginning 5 PM hrs.Ending 9pm. tl� hrs. No.o ,Persons 75 — Signed: ki Date: `11 17 - j • ........ recommend:We appal disapproved . If you recommend disappro to reason(s):_ 7 "/ • Town/City Clerk's signature Town/City Date Of CATERED location. Fax Number or email address: �— �� SUBMIT AT LEAST 5 DAIS PRIOR TO DATE OF FUNC ION Submit to Town/City Clerk for recommendation. Town/City Clerk will email,fax or mail to Vermont Liquor Control Board, 13 Green Mountain Drive, Montpelier,VT 056o2 email address:{HYPERLINIC"mailto:DLC-Licensing@state.vt.us"} Fax number is 802-828- lo3x LIQUOR CONTROL BOARD'S PROCEDURAL REQUIREMENTS FOR CATERER'S PERMIT HOLDERS: i. All liquor control laws and regulations that apply to ifit and 3rd class licenses also apply to caterer's permits. 2. Before a catered event is approved in any open area,the following requirements must be fulfilled: a) A defined area,for serving and consumption of alcohol beverages,designated with physical barriers. b) Separate toilet and lavatory facilities available for both men and women, . i.il - .40 ��- (it 7-20- of - Coii., ("wci Revised 4/2012 10:1 Interested Persons Record and Service List southburlington .ERra(F. Under the 2004 revisions to Chapter 117, the Appropriate Municipal Panel (AMP) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. §4461(b). The AMP must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. §4461(b). A copy of any decision rendered by the AMP must be mailed to every person or body appearing and having been heard by the AMP. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the AMP must supply a list of interested persons to the appellant in five working days. 24 V.S.A. §4471(c). HEARING DATE: F\07 `Z I, 20(a ir Cc uc PLEASE PRINT CLEARLY! NAME EMAIL ADDRESS MAILING ADDRESS PROJECT OF INTEREST 11.44A", F, NA.04 e-rf‘ ewel6 f 1 m 1,cl,v3, &L.ei• Ap e i i 1..11 MEr+Y cr- lrEyr►f364Y --Hie--en-rei. 'IrJ1JRY aPL/�-� .Les .�r Public Sign- In May 21, 2012 City Council Meeting Please Print \ vuS Name Name Name 1 Le 'vev' 18 67 kot kT'4 35 (- 2 SLu-e--1:0 19 JrrA 82r(/* 36 c° t� ---'-/� (.0 3 \A,,i01 (S� (M r 37-1 t�t`ciir is 4 ��- 21 38 r 5 CA,tuf 4 /no-ills 22 39 6G( -C'� /d / Q12-/i 6 23 40 7tJ66 AD, 2-7c 24n/oly frafalem4 b 41 8 yQ- l\f P- gO412c 25 A,M 6UP✓ r\eLiAe 42 9/ 664 s e 26 Q t� OWAN .a( 43 10(1r4.,s CAP,rra, LT Co` 27\Al. A(141 k Cn ►i-pr\ 44 11 `" C_‘�[(-) C. I 28 bi'Kam' t 45 12ti\-,4\c_el 46 13 -_ ,J ti rks"T 30 u6Ac, 47 14 Q „xA - 31 48 15A7- 17C32 49 16 Nfw'p '33 P6 ,, 1 :11 ''1,,4'L 50 17 3//( 1-/-`1,f ,t1() 34 -�;!��: 1i . \ I 51 1 -- - - •� ® City of South Burlington ® City Clerk's Office Donna Kinville, City Clerk FIRST, SECOND CLASS AND CABARET LICENSE APPLICATION FULL NAME OF PERSON, PARTNERSHIP, CORPORATION Cvpt /a/ Cool-P dour , )t�G DOING BUSINESS AS/ TRADENAME Qr ' ;// G l Uk ADDRESS 2D L2Qrr FIRST CLASS SECOND CLASS CABARET DATE RECEIVED BY CLERK'S OFFICE $1 " 2Z / ;2/ APO- SO. BURLINGTON POLICE DEPT j414-6i► . Chief Trev S. Whipple Date BU INGT —FIRE DEPT c /f?f� Chief Douglas S. Brent Date SO. BURLINGTONTO TAX DEPT �� acWi t. `f � 5 / /l Z� Mar ha Lyons, Deputy a�llector Date sent to Montpelier: 2012 LIQUOR LICENSE RENEWAL APPLICATION 1749-001-1RST-01 FIRST CLASS RESTAURANT LICENSE TO SETT, MALT AND VINOUS BEVERAGES Page 1 Fee: $200.00 of which License Year Beginning May 1, 2012 ending April 30, 2013 $1 00.0 0 is paid to town/city $100.00 is paid to DLC Town: 04065 - SOUTH BURLINGTON MISREPRESENTATION OF A MATERIAL FACT ON ANY LICENSE APPLICATION SHALL BE GROUNDS • FOR SUSPENSION OR REVOCATION OF THE LICENSE, AFTER NOTICE AND HEARING Applicant: Review all of the information presented on this form, indicating any changes in the spaces provided. Applicant: Cupola Golf Course, Inc. Doing Business As: Quarry Hill Club Mailing Address: 270 Quarry Hill Road 270 Quarry Hill Road South Burlington VT 05403 South Burlington VT 05403 Telephone: (802) 862-5200 PLEASE INCLUDE EMAIL ADDRESS: tVadry 1 ) 1 ('AlCr1 C M- Description of Premises: Premises: XX Owned Leased Restaurant on the 1st floor of a 1 story wood frame building situated within the confines of the Old Stone Quarry, on the former Cupola Golf Course property, designated as 360 Spear St., in the City of South Burlington, VT. Last Enforcement Seminar: 05/18/2010 Fed. ID Number: 03-0215041 Incorporation Date: 01/01/1963 Valid Charter?: Yes State of Charter: Vermont Majority of Directors are US Citizens: Yes ATTACH AN ADDITIONAL SHEET TO THIS APPLICATION NOTING ANY NECESSARY CORRECTIONS OR CHANGES AND UPDATES THAT HAVE OCCURRED DURING THE PAST YEAR. Corporation Name Address Town/City State Zip Code Director 1. DesLauriers, Ruth 2543 East Main Street Richmond VT 05477 Director 2. DesLauriers, Ralph 2543 East Main Street Richmond VT 05477 Director 3. DesLauriers, Ed 370 Maple Street, Apt E Burlington VT 05401 Director 4. DesLauriers, Ruth E 284 Hubbard Stamford CT Director 5. Smullen, Christina 4 Sebring Road South Burlington VT 05403 Director 6. Smullen, Jim 4 Sebring Road South Burlington VT 05403 Stockholder 7. DesLauriers, Ruth 2543 East Main Street Richmond VT 05477 Stockholder 8. DesLauriers, Ralph 2543 East Main Street Richmond VT 05477 Stockholder 9. DesLauriers, Ed 370 Maple Street, Apt E Burlington VT 05401 Stockholder 10. DesLauriers, Ruth E 284 Hubbard Stamford CT Stockholder 11. Smullen, Christina 4 Sebring Road South Burlington VT 05403 Additional stockholders are on file Has any director or stockholder been convicted or pleaded guilty to any crim-ina or motor vehicle offense in any court of law (including traffic tickets by mail) during the last year? Yes b If yes, please attach the following information: Individual's name, court/traffic bureau, offense and date In the past year has any director or stockholder of the corporation held any electi or appointive state, county, city, village or town office in Vermont (See VSA, T.7, Ch.9, Sec. 223)? Yes (No If yes, please attach the following information: Individual's name, office and jurisdiction Vt. Dept. of Health Food License No.: 961 Expiration Date: ?? Vt. Dept. of Health Lodging No.: Expiration Date: Vt. Tax Dept. Meals & Roans Cert./Acct. No.: 08727 Important: Current food and/or lodging license expiration dates are required for license renewal (as applicable) . Outside Consumption Permit?: XX Yes No Are there any changes to this Outside Consumption area?: Yes (/No (If yes, attach necessary information) Covered deck, sixteen by ninety feet, and pool side. Physical barrier around the area is ten foot high fence. Disclosure of Non-profit Organization?: Yes XX No ALL APPLICANTS MUST COMPLETE AND SIGN The applicant understands and agrees that the Liquor Control Board may obtain criminal history record information from State and Federal record repositories. Continued on next page .f 2012 LIQUOR LICENSE RENEWAL APPLICATION 1749-001-1RST-01 FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 2 I/We hereby certify, under the pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan approved by the Commissioner of Taxes to pay any and all taxes due the State of Vermont as of the date of this application. (VSA, Title 32, Section 3113) I/We hereby certify that I/We are not under an obligation to pay child support or that I/We are in good standing with respect to child support or are in full compliance with a plan to pay any and all child support payable under a support order. (VSA, Title 15, Section 795) In accordance with 21 VSA, Section 1378(b), I/We certify, under pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan to pay any and all contributions or payments in lieu of contributions due to the Department of Employment and Training. I/We have registered the trade name of these premises with the Secretary of State. I/We hereby certify that the information in this application is true and complete. Dated at So.- 6 m , in the county of 0 hi 4(/) , and State of ,ariltd).' this to' V day of �, 2____ __ Signature of huthorized agent Signature of individual or partners gna 9 of corporation, c any, cl or association l Q m IPA;le 1 AP-µ 6 sk-av`z 066' 3-- 2 ?1Lsi ( r (Title) Are you making this application for the benefit of any other party? Yes ✓No Upon being satisfied that the conditions precedent to the granting of this license as provided in Title 7 of the Vermont Statutes Annotated, as amended, have been fully met by the applicant, the commissioners will endorse their recommendation on the back of the application and transmit it to the Liquor Control Board for suitable action thereon, before any license may be granted. For the information of the Liquor Control Control Board, all applications shall carry the signature of each individual commissioner registering either approval or disapproval. Lease or title must be recorded in town or city before issuance of license. APPROVED DISAPPROVED �,+ iv-, Approved by Board of Control Commissioners of the City or T ,/d43 q1 J I l . Total. Membership 6 05 members present Atgt � �te -'"' "3 �^, '1 wn Clerk TOWN OR CITY CLERK SHALL MAIL APPROVED RENEWAL DIRECTLY TO: DEPARTMENT OF LIQUOR CONTROL 13 GREEN MOUNTAIN DRIVE MONTPELIER, VT 05602 If application is disapproved, local control commissioners shall notify the applicant by letter. No formal action taken by any agency or authority of any town board of selectmen or city board of aldermen on a first or second class license application shall be considered binding except as taken or made at an open public meeting. VSA T-1,Sec.312 Laura From: Trevor Whipple [twhipple@sbpdvt.org] Sent: Thursday, May 17, 2012 3:46 PM To: Laura Subject: RE: Quarry Hill Approved. Trevor S.Whipple Chief of Police City of South Burlington 19 Gregory Drive South Burlington,VT 05403 (802)846-4155 twhippleCilsbpdvt.orq From: Laura [mailto:lkimball@tsburl.com] Sent: Thursday, May 17, 2012 3:37 PM To: Trevor Whipple; Doug Brent Subject: Quarry Hill Doug-this just came in and Trevor-Let me know if there are any issues with this license. Thanks- Laura r vote 44,c, ar Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 lkimball@sburl.com > CITY OF SOUTH BURLINGTON CITY COUNCIL RESOLUTION A RESOLUTION ESTABLISHING THE FISCAL 2013 WATER AND SEWER RATES AND THE SEWER CONNECTION FEES WHEREAS, it is necessary for the City of South Burlington to amend its current Water Rates, Sewer Rates and Sewer Connection Fees; and, WHEREAS, a sewer and water user fee is paid by all users of the water and sewer systems based upon their metered water usage; and, WHEREAS, the City has the authority to establish rates to defray costs of planning, design, construction, operations and maintenance of its water system; and, WHEREAS, the total annual Sewer Charges received by all customers shall be sufficient for the payment for the costs of operating, maintaining and repairing the sewer collection system and plant facilities; and, WHEREAS, the City charges every person seeking to expand an existing Sewer capacity allocation or building a facility requiring a new Sewer capacity allocation a Connection Fee; and, WHEREAS, Article VIII, Section 1 of the City of South Burlington Water Ordinance states, "The rates shall be established by resolution at an open meeting of the Legislative Body"; and, WHEREAS, Article IV, Section 1 of the City of South Burlington Sewer and Stormwater Ordinance authorizes the City Council to set an annual Sewer Disposal Charge, and, WHEREAS, Article III, Section 6(e) of the City of South Burlington Sewerage and Stormwater Ordinance authorizes the City to assess Connection Fees; and, WHEREAS, the Fiscal Year 2013 voter-approved budgets for Sewer and Water are based on the increases in the Sewer and Water rates and Sewer Connection fee as proposed herein; and, WHEREAS, the current Water Rate is $24.174 per 1,000 cubic feet of metered flow, the current Sewer Rate is $34.88 per 1,000 cubic feet of metered water flow and the current Sewer Connection Fee is $9.48 per gallon of new or increased daily demand. NOW, THEREFORE, BE IT RESOLVED the South Burlington City Council establishes the Water Rate at $24.856 per 1,000 cubic feet of metered flow, the Sewer Rate at $35.40 per 1,000 cubic feet of metered water flow and the Sewer Connection Fee at $9.76 per gallon of new or increased daily demand. FURTHER, BE IT RESOLVED, the terms of this Resolution shall be effective July 1, 2012. APPROVED this day of May, 2012. SOUTH BURLINGTON CITY COUNCIL Rosanne Greco, Chair Pam Mackenzie, Clerk Helen Riehle, Vice Chair Sandra Dooley Paul Engels 40 ' `(k City of South Burlington Ott0410 City Clerk's Office min'iy,,:;:l Donna Kinville, City Clerk FIRST, SECOND CLASS AND CABARET LICENSE APPLICATION FULL NAME OF PERSON, PARTNERSHIP, CORPORATION c4 ;p H& inI4Vioart6reM of b ra1z ,Z/ c DOING BUSINESS AS/ TRADENAME p, ��Y x 6r'i/1 ADDRESS S50' 51ItI.b) � - • - l3 FIRST CLASS SECOND CLASS CABARET DATE RECEIVED BY CLERK'S OFFICE - / / ar--. 0_0 SO. BURLINGTON POLICE DEPT (24)--r? .S. SA.C /.Z Chief Trevor S. Wh' e Date SOCLINGTON IRE DEPT g *7/j 2,. ' Chief Douglas S. Brent Date SO. BURLINGTON T DEPT , � ,eve (-464;7.-- Marth Lyons, Deputy ax Collector' Date sent to Montpelier: GD vY101 l 'L't 1 s' 1, ADO-- - 0 20 Ie9 FIRS SECOND CLASS LIQUOR LICENSE AND TOBACCO APPLICATION License Year: May 1st through April 30th of following year Please file application in duplicate Chipotle Mexican Grill of Colorado,LLC pdifypta WARraciP6revn,Partnership,Corporation,Club or LLC A.ILRIShelu ne Sheet,n`''uife 1 Gateway Shopping Center Street and street number of premises covered by this application South Burlington VT Town or City&r Zip Code Teitil'N1RVbop Street, Suite 500 Denver CO 80202 Mailing Address� (if different from above) Email Address: licensing COchipotle.Com ❑✓ FIRST CLASS SECOND CLASS ❑TOBACCO Fee for ANY FIRST class license paid to town/city$100.00/Fee to DLC $100.00 O RESTAURANT Fee for ANY SECOND class license paid to town/city$50.00/Fee to DLC $50.00 ❑ HOTEL Fee for TOBACCO ONLY license paid to town/city $10.00 ❑ CABARET ❑ CLUB TO THE CONTROL COMMISSIONERS OF THE TOWN/CITY OF South Burlington VT VERMONT Application is hereby made for a license to sell malt and vinous beverages under and in accordance with Title 7,Vermont Statutes Annotated, as amended, and certify that all statements, information and answers to questions herein contained are true; and in consideration of such license being granted do promise and agree to comply with all local and state laws; and to comply with all regulations made and promulgated by the Liquor Control Board. Upon hearing,the Liquor Control Board may,in its discretion,suspend or revoke such license whenever it may determine that the law or any regulations of the Liquor Control Board have been violated,or that any statement,information or answers herein contained are false. MISREPRESENTATION OF A MATERIAL FACT ON ANY LICENSE APPLICATION SHALL BE GROUNDS FOR SUSPENSION OR REVOCATION OF THE LICENSE,AFTER NOTICE AND HEARING. If this premise was previously licensed,please indicate name I/we are applying as: ❑ INDIVIDUAL LIMI 11=D LIABILITY COMPANY �] PARTNERSHIP ❑ CORPORATION Please fill in name,address,and place of birth of individual,partners,directors or members. LEGAL NAME STREET/CITY/STATE The sole member of C?h-ip_o_tl e Mexican Grill of Colorado, T.T.0 is Chipnt1 a Maxi can Gri 11 , Inc, a publicly traded company. The managers of the LLC are: Matthew Steven Ells, 92 Jane Street, New York, NY 10014, born in Indianapolis, IN and Montgomery F. Moran, 7705 Fairview Road, Boulder CO 80303, born in Newport, RI Are all of the above citizens of the UNITED STATES? ✓ Yes No (Note:Resident Alien is not considered a U.S. Citizen) if naturalized citizen,please complete the following: Name Court where naturalized(City/State/Zip) Date CORPORATE INFORMATION: If you have checked the box marked CORPORATION, please fill out this information for stockholders (attach sheet if necessary). LEGAL NAME STREET/CITY/STATE Date of incorporation Is corporate charter now valid? Corporate Federal Identification Number Have you registered your corporation and/or trade name with the Town/City Clerk? and/or Secretary of State? (as required by VSA Title 11 51621,1623&1625). ALL APPLICANTS HAVE ANY OF THE APPLICANTS EVER BEEN CONVIC I h.D OR PLED GUILTY TO ANY CRIMINAL OR • •R VEHICLE rEINSE IN ANY COURT OF LAW (INCLUDING TRAFFIC TICKETS BY MAIL) WJYES NO If yes,please complete the following information: (attached sheet if necessary) Name Court/Traffic Bureau Offense Date See attached Do any of the apn is hold an elective or appointive state,county,city,village/town office in Vermont?(See VSA,T.7,Ch. 9,5223) I I YES ✓ NO If yes,please complete the following information: Name Office Jurisdiction Please give name, title and date attended of manager, director, partner or individual who has attended a Liquor Control Licensee Education Seminar,as required by Education Regulation No.3: NAME: TO BE DETERMINED TIRE: DATE: (If you have not attended an Education Seminar prior to making application,please contact the Liquor Control Investigator in your area regarding this mandatory training.) FOR ALL APPLICANTS:DESCRIPTION/LOCATION OF PREMISES(Section 4) Description of the premises to be licensed: Gateway Shopping center,Store 13,580 Sheibume Street,South Burlington VT Does applicant own the premises described? No If not owned,does applicant lease the premises? Yes If leased,name and address of lessor who holds title to property: Healhcole Associates LP do Acadia Really Thal 1311 Mamaroneck Ave Sulle 260 While Plains NY 10605 Are you making this application for the benefit of any other party? "° FIRST CLASS APPLICANTS ONLY: No first class license may be issued without the following information. HEALTH LICENSE#: Food )'5-'3h Lodging (if licensed as a Hotel) VERMONT TAX DEPARTMENT: Meals Est Rooms Certificate/Business Account# Busine ' devoted primarily to: (Circle one) FOOD restaurant) ENTERTAINMENT(cabaret) HOTEL CLUB If you are considering Outside Consumption service on decks,porches,cabanas,etc. you must complete an Outside Consumption Permit. Please request this form from your Town/City or from the Department of Liquor ControL CABARET APPLICANTS ONLY: Applicant hereby certifies that the sale of food shall be less in amount or volume than the sales of alcoholic beverages and the receipts from entertainment and dancing; if at any time this should not be the case, the applicant/licensee shall immediately notify the Department of Liquor Control of this Fact. Signature of Individual,Partner,authorized agent of Corporation or LLC member MIBaia ALL APPLICANTS MUST COMPLETE AND SIGN BELOW The applicant(s)understands and agrees that the Liquor Control Board may obtain criminal history record information from State and Federal repositories prior to acting on this application. I/We hereby certify, under pains and penalties of perjury,that I/We are in good standing with respect to or in full compliance with a plan approved by the Commissioner of Taxes to pay any and all taxes due the State of Vermont as of the date of this application. (VSA,Title 32,43113). In accordance with 21 VSA,41378(b) I/We certify,under pains and penalties of perjury,that I/We are in good standing with respect to or in full compliance with a plan to pay any and all contributions or payments in lieu of contributions due to the Department of Employment and Training. If applicant is applying as an IndividuaL• I hereby certify that I/We are not under an obligation to pay child support or that I/We are in good standing with respect to child support or am in full compliance with a plan to pay any and all child support payable under a support order. (VSA,Title 15,6795). Dated at 50.0 :?2.fr` in the County of l)2i4 A\ k,i_, and State of C U this 22113tlay of NLu'b.-L ,20 i 7-- Corporations/CI : ignature of Authorized Agent lndividuals/Partnerx(All partners must sign) 11(1 - Laura From: Leslie LeBarron [lel@wittenetal.com] Sent: Tuesday, May 15, 2012 11:38 AM To: Laura Cc: Marshall Witten; Jennifer Richmond Subject: Chipotle Mexican Grill Hi Laura, I am working on the missing pieces from this liquor license application.Sherry Sawyer has just advised that the Health Dept ID is 15336. I am working to determine who will be responsible for attending the Liquor Seminar and making sure that the new General Manager, Kendra Loya, meets with Doug Brent as quickly as possible. Leslie LeBarron Paralegal Witten, Woolmington & Campbell, PC P.O. Box 2748 4900 Main Street Manchester Center VT 05255 Phone: 802-362-2560(x 212) Fax: 802-362-7109 i • (Title) Upon being satisfied that the conditions precedent to the granting of this license as provided in Title 7 of the Vermont Statutes Annotated,as amended,have been fully met by the applicant,the commissioners will endorse their recommendation on the back of the applications and transmit both copies to the Liquor Control Board for suitable action thereon, before any license may be granted. For the information of the Liquor Control Board,all applications shall carry the signature of each individual commissioner registering either approval or disapproval. Lease or title must be recorded in town or city before issuance of license. l 1 ToartIM Date APPROVED DISAPPROVED Approved/Disapproved by Board of Control Commissioners of e City or own(circle one)of r'/ ort_, Total Membership 5 members present Atte§r, `7 • City or Town Clerk TOWN OR CITY CLERK SHALL MAIL APPLICATION DIRECTLY TO THE DEPARTMENT OF LIQUOR CONTROL, 13 Green Mountain Drive, Montpelier, VT 05602. If application is disapproved, local control commissioners shall notify the applicant by letter. No formal action taken by any agency or authority of any town board of selectmen or city board of aldermen on a first or second class application shall be considered binding except as taken or made at an open public meeting. VSA Title 14312. P NOTICE: After local action, all new applications are investigated by the Enforcement and Licensing Division prior to approval/disapproval of the license by the Liquor Control Board. SECTION 5111 AND 5121 OF THE INTERNAL REVENUE CODE OF 1954 REQUIRE EVERY RETAIL DEALER IN ALCOHOLIC BEVERAGES TO FILE A FORM ANNUALLY AND PAY A SPECIAL TAX IN CONNECTION WITH SUCH SALES ACTIVITY. FOR FURTHER INFORMATION,CONTACT: THE BUREAU OF ALCOHOL,TOBACCO&FIREARMS (11B) (513) 684-2979 DEPARTMENT OF THE TREASURY 550 MAIN STREET,CINCINNATI,OH 45202 Please complete and include with your liquor license application Please fill in for Individual, Partners, or Directors Applicant/s Personal Information Legal Name: Address: Date of Birth Place of Birth Sex SS# Legal Name: Address: Date of Birth Place of Birth Sex SS# Legal Name:_ Address: Date of Birth Place of Birth Sex SS# Legal Name: Address: Date of Birth Place of Birth Sex SS# Legal Name: No Address: Heatcote Marxistea LP cro Acadia Really Trust 1311 Mamaroneck Ave Sono 260 Mee Plaine NY 10605 Date of Birth Yes Place of Birth No Sex�,LSkeoSS# Legal Name: Address: See attached Date of Birth Place of Birth Sex SS# Stockholder's Personal Information: Legal Name: Address: Date of Birth Place of Birth Sex SS#South Burlington VT Legal Name: Chipotle Mexican Grill of Colorado,LLC Address: Chipotle Mexican Grill Date of Birth 5°OShe once oe Place of Birth South Burlington VT Sex SS# Legal Name: 1401 Wynkoop Street,Suite 500 Denver CO 80202 Address: Date of Birth Place of Birth _Sex SS# _ • Attach additional sheet if necessary WITTEN, WOOLMINGTON& CAMPBELL,P.C. ATTORNEYS AT LAW R.Marshall Witten rmw@wittenetal.com Direct Dial:802.362.4792 March 23,2012 Donna Kinville, City Clerk 575 Dorset Street South Burlington, VT 05403 Re: Liquor License Application for Chipotle Mexican Grill of Colorado, LLC Dear Ms. Kinville: Enclosed please find additional Motor vehicle records information with regard to Matthew Steven Ells and Montgomery Moran which I received after I sent the packet to you on Friday. At any time, please let me know if you need additional information. Thank you for your assistance in this matter. Sincerely, (7 R. Ma shall W tten Enc. cc: Kim Oganesyan R.MARSIIALL WITTEN ROBERT E.WOOLMINGTON EDGAR T.CAMPBELL AMY L.KLINGLER PATRICK.I.BERNAL 4900 MAIN STREET P.O.BOX 2748 MANCHESTER CENTER,VT 05255-2748 802.362.2560 TELECOPIER 802.362.7109 By Appointment:204 UNION STREET BENNINGTON,V'r x Driver Safety Motor Vehicle • Report & Driver Profile Received:03/23/2012 Lessee: 0699 Division: Driver Name:ELLS,MATTHEW STEVEN Employee ID#:0124 Requested By:CHIPMG DRIVER INFORMATION 92 JANE STREET State: NEW YORK Start Date:03/23/2012 License No: 445769458 DOB: 09/12/65 Sex: M Height: 0511 Weight: Employee ID#:0124 Driver Number: 0124 Eyes: BLUE Hair: Requested/Also Known As DRIVER LICENSE INFORMATION Class Issued Expires Status Restrictions PERSONAL-D 09/12/2013 VALID CORRECTIVE LENSES MISCELLANEOUS/STATE SPECIFIC INFORMATION CORRECTIVE LENSES VALID DRIVING RECORD INFORMATION Type V/S Date C/R Date Description Order Date Clear End Date SUSPEN 10/21/90 FAILED TO ANSWER SUMMONS 02/02/09 End Of Driver Records .^" DAC PROVIDED STANDARD VIOLATIONS CODE,'+DAC CONTINUATION CODE RELATED DRIVERS No Related Drivers MOTOR VEHICLE REPORT INFORMATION Violation Violation ARI Date Code Accidents Violations Violation Description Points 03/23/2012 000 0 0 No violations reported within Year(s) 0 of request Totals: 0 0 Rating: 0 https://ariinsights.arifleet.com/AriAccessWeb/WebForms/Details/DriverSafetyMVRAndD... 3/23/2012 Driver Safety - Motor Vehicle Report & Driver Profile 3 Received:03/23/2012 Lessee: 0B99 Division:01 Driver Name:MORAN,MONTGOMERY Employee ID#:051028 FREDERICK Requested By:CHIPMG DRIVER INFORMATION 7705 FAIRVIEW RD State: COLORADO Start Date:0312 3/2 0 1 2 License No: 963650360 DOB: 08/12/66 Sex: M Height: 0604 Weight:200 Employee ID#:051028 Driver Number: 051028 Eyes: GREEN Hair: BROWN Requested/Also Known As — DRIVER LICENSE INFORMATION Class Issued Expires Status Restrictions PERSONAL- A25l201112:00:00 08/12/2016 VALID MISCELLANEOUS!STATE SPECIFIC INFORMATION VALID EXPIRED DRIVING RECORD INFORMATION Type V/S Date C/R Date Description Order Date Clear End Oat 'VIOL 08/22/07 08/31/07 DEFECTIVE HEADLAMPS VIOL 08/24/07 09/14/07 DROVE A DEFECTIVE OR UNSAFE VEHICLE VIOL 02/24/08 02/29/08 SPEEDING-10-19 OVER LIMIT VIOL 03/11/08 03/21/08 SPEEDING-10-19 OVER LIMIT ( (VIOL 10/19/08 04/10/09 SPEEDING- 10-19 OVER LIMIT (VIOL. 04/09/09 04/17/09 DROVE A DEFECTIVE OR UNSAFE VEHICLE VIOL 09/07/09 09/15/09 DROVE A DEFECTIVE OR UNSAFE VEHICLE End Of Driver Records DAC PROVIDED STANDARD VIOLATIONS CODE,'+DAC CONTINUATION CODE RELATED DRIVERS No Related Drivers MOTOR VEHICLE REPORT INFORMATION Violation Violation Date Code Accidents Violations Violation Description Points 04J09/2.009 021 0 1 Vehicle equipment failure or misuse(vehicle 2 afli moving) 09J07/2009 021 0 1 Vehicle equipment failure or misuse(vehicle 2 i moving) € Totals: 0 2 Rating: 4 https://ariinsights.arifleet.corn/AriAccessWeb/WebForms/Details/DriverSafetyMVRAndD... 3/23/2012 Officers of Chipotle Mexican Grill of Colorado, LLC Legal Name: Matthew Steven Ells: Address: 92 Jane Street,New York,NY 10014 Place of Birth:Indianapolis IN Date of Birth: 9/12/65 Sex: Male SS#: 523-27-9603 Legal Name: Montgomery F. Moran Address: 7705 Fairview Road, Boulder CO 80303 Place of Birth:Newport RI Date of Birth: 8/12/66 Sex: Male SS#: 524-33-6476 PHH InterActive - MVR Results Page 1 of 2 1�= i Home I Extended Search I Contact Us I Help I Logo PHH I -1k^�t to Active Search Client Vehicle/Driver I ��� Vehicles Drivers Service Cards Billing and Reporting Personalize Captur Drivers/Motor Vehicle Records/View MVR Results/MVR Results MVR Results ABOUT THIS SCREEN Q Client: 1843:CHIPOTLE MEXICAN GRILL, Breakdown: 02-00-9999-7635- INC. 110 Driver ELLS,STEVE Driver's License 445769458 Drivers License NY Name: Number: State/Province: MVR Request Type: Individual Driver Request Name/Address Information MVR Driver Information ELLS,MATTHEW STEVEN Relationship and Related To Breakdown State/Province Vehicle Number Received Date EMPLOYEE 02-00-9999-7635-110 NY 08001 16 Sep 2009 Related Drivers Driver Name Action Personal Data DOB Sex Height Weight Eye Color Hair Color AKA 12 Sep 1965 M License Information Class Issued Expires Status Restrictions 0-PERSONAL 12 Sep 2013 VALID CORRECTIVE LENSES Miscellaneous State/Province Information NAME ON LICENSE/ID: ELLS MATTHEW,STEVEN RECIPROCITY ON:03/18/2009 FROM CO ORDER LICENSE#:445769458 TYPE OF MVR ORDERED:STANDARD BEFORE TAKING ADVERSE ACTION IN AN EMPLOYMENT DECISION BASED ON THIS REPORT,THE FCRA REQUIRES YOU TO PROVIDE THE CONSUMER WITH A COPY OF THE CONSUMER REPORT,ALONG WITH A WRITTEN DESCRIPTION OF THE CONSUMER'S RIGHTS UNDER THE FCRA. PHH HAS PROVIDED YOUR COMPANY WITH COPIES OF THE CONSUMER RIGHTS STATEMENTS FOR THIS PURPOSE. Violation information Typo Vio/Susp Date Conv/Reinst Description Points Date SUSP 21 Oct 1990 02 Feb 2009 FLD ANSWER SUMMONS CASE it:T691918 COURT: HYDE PARK Standard Violations Vlo/Susp Date Description Customer Code 21 Oct 1990 SUSPENSION FTA FOR TRIAL OR COURT https://interactive.phh.corn/index.cfm?fuseactian=corCompMVRDriver.displayMvrResults&resultsId=@... 9/17/2009 PHH InterActive- MVR Results Page 2 of 2 Motor Vehicle Records(MVRs)are considered Consumer Reports as defined under the Federal Fair Credit Reporting Act.When you,as an employer,use an MVR in making an employment decision,you are considered a User of Consumer Reports under the FCRA.For complete information on the FCRA,please click on our link to the Federal TradecornmIIsalon website.Accordingly,a copy of the t,t7ary_Qf_(tights must be attached to any printed copy of an MVR given to the employee.For easy reference,your responsibility as a User of MVRs is further explained in our NQ.$kc:.e_3Q_.Usets of Consumer Reports. What else would you like to do? >> Return to MVR Driver Click on the link to go to the driver MVR detail View US Privacy Policy View Canadian Privacy Polity View Terms and Conditions Copyright 2009 PHH Arval,A PHH Corporation Company https://interactive.phh.com/index.cfm?fuseaction=comConipMVRDriver.displayMvrResults&resultsId=@... 9/17/2009 PHH InterActive - MVR Results Page 1 of 2 . , ' Home I Extended Search I Contact Us I I leip I Logo FP H s s I nterAct ive° •� h 1 � ___.. earch h /� g Client IVe icle/Driver uA._ ..,.. I Vehicles Drivers Service Cards Billing and Reporting Personalize li Captur Drivers/Motor Vehicle Records/View MVR Results/MVR Results MVR Results ABOUT THIS SCREEN Client: 1843: CHIPOTLE MEXICAN GRILL, Breakdown: 02-00-9999-7635- INC. 120 Driver MORAN, MONTGOMERY Driver's License 963650360 Drivers License CO Name: Number: State/Province: MVR Request Type: Individual Driver Request Name/Address Information MVR Driver Information MORAN,MONTGOMERY Relationship and Related Breakdown State/Province Vehicle Received FREDERICK To Number Date EMPLOYEE 020 0 9999 7635 CO 15 Sep 2009 Related Drivers Driver Name Action Personal Data DOB Sex Height Weight Eye Color Hair Color AKA 12 Aug 1966 M License information Class Issued Expires Status Restrictions -PERSONAL 10 Sep 2001 12 Aug 2011 VALID Miscellaneous State/Province Information PREV LICD STATE:CA PREV LIC#:A5625597 ORDER LICENSE#:963650360 TYPE OF MVR ORDERED:STANDARD BEFORE TAKING ADVERSE ACTION IN AN EMPLOYMENT DECISION BASED ON THIS REPORT,THE FCRA REQUIRES YOU TO PROVIDE THE CONSUMER WITH A COPY OF THE CONSUMER REPORT,ALONG WITH A WRITTEN DESCRIPTION OF THE CONSUMER'S RIGHTS UNDER THE FORA. PHH HAS PROVIDED YOUR COMPANY WITH COPIES OF THE CONSUMER RIGHTS STATEMENTS FOR THIS PURPOSE. Violation Information Type Vio/Susp Data Conv/Reinst Description Points Date VIOL 09 Apr 2009 17 Apr 2009 DEFECTIVE OR UNSAFE VEHICLE 2 ANSI/ACD CODE: F66 COURT:DENVER CASE it:B931600 VIOL 19 Oct 2008 10 Apr 2009 SPEEDING-10-19 OVER LIMIT 4 ANSI/ACD CODE: S61 COURT:LAFAYETTE CASE It: 19166 hltps://interactive.phlteom/index.cfm?fuseaction=comCampMVRDrivendisplayMvrResults&resultsIcl=@... 9/17/2009 PHH InterActive - MVR Results Page 2 of 2 VIOL 11 Mar 2008 21 Mar 2008 SPEEDING- 10-19 OVER LIMIT 2 ANSI/ACD CODE:S61 COURT:ARAPAHOE CASE#: 3150752 VIOL 24 Feb 2008 29 Feb 2008 SPEEDING- 10-19 OVER LIMIT 2 ANSI/ACD CODE:S61 COURT:JEFFERSON CASE#:3143569 VIOL 24 Aug 2007 14 Sep 2007 DEFECTIVE OR UNSAFE VEHICLE 2 ANSI/ACD CODE: F66 COURT:LAFAYETTE CASE#; 14373 VIOL 22 Aug 2007 31 Aug 2007 DEFECTIVE HEADLAMPS 1 ANSI/ACD CODE: E34 COURT:CENTENNIAL CASE#: M058047 VIOL 09 Feb 2003 14 Feb 2003 DEFECTIVE OR UNSAFE VEHICLE 2 ANSI/ACD CODE: F66 COURT: DENVER CASE#:A613993 Standard Violations Vlo/Susp Date Description Customer Code 09 Feb 2003 UNSAFE CONDITION OF VEHICLE 22 Aug 2007 DEF/IMPR/INADEQUATE LIGHTS 24 Aug 2007 UNSAFE CONDITION OF VEHICLE 24 Feb 2008 SPEEDING 10+OVER THE LIMIT 11 Mar 2008 SPEEDING 10+OVER THE LIMIT 19 Oct 2008 SPEEDING 10+OVER THE LIMIT 09 Apr 2009 UNSAFE CONDITION OF VEHICLE Motor Vehicle Records(MVRs)are considered Consumer Reports as defined under the Federal Fair Credit Reporting Act.When you,as an employer,use an MVR in making an employment decision,you are considered a User of Consumer Reports under the FCRA. For complete information on the FCRA, please click on our link to the Felleralirede.Commission website.Accordingly,a copy of the Summary of.,Righhts must be attached to any printed copy of an MVR given to the employee. For easy reference,your responsibility as a User of MVRs is further explained in our Notice to Users of Consumer Reports. What else would you like to do? » Return to MVR Driver Click on the link to go to the driver MVR detail View US Privacy Policy View Canadian Privacy Policy View Terms and Conditions Copyright 2009 PHH Aival, A PHH Corporation Company hops://interactive.phh.com/index.cfm?fuseaction=comCompMVRDriver.displayMvrResults&resultsld=@... 9/17/2009 CITY OF SOUTH BURLINGTON CITY COUNCIL RESOLUTION A RESOLUTION ESTABLISHING THE FISCAL 2013 WATER AND SEWER RATES AND THE SEWER CONNECTION FEES WHEREAS, it is necessary for the City of South Burlington to amend its current Water Rates, Sewer Rates and Sewer Connection Fees; and, WHEREAS, a sewer and water user fee is paid by all users of the water and sewer systems based upon their metered water usage; and, WHEREAS, the City has the authority to establish rates to defray costs of planning, design, construction, operations and maintenance of its water system; and, WHEREAS, the total annual Sewer Charges received by all customers shall be sufficient for the payment for the costs of operating, maintaining and repairing the sewer collection system and plant facilities; and, WHEREAS, the City charges every person seeking to expand an existing Sewer capacity allocation or building a facility requiring a new Sewer capacity allocation a Connection Fee; and, WHEREAS, Article VIII, Section 1 of the City of South Burlington Water Ordinance states, "The rates shall be established by resolution at an open meeting of the Legislative Body"; and, WHEREAS, Article IV, Section 1 of the City of South Burlington Sewer and Stormwater Ordinance authorizes the City Council to set an annual Sewer Disposal Charge, and, WHEREAS, Article III, Section 6(e) of the City of South Burlington Sewerage and Stormwater Ordinance authorizes the City to assess Connection Fees; and, WHEREAS, the Fiscal Year 2013 voter-approved budgets for Sewer and Water are based on the increases in the Sewer and Water rates and Sewer Connection fee as proposed herein; and, WHEREAS, the current Water Rate is $24.174 per 1,000 cubic feet of metered flow, the current Sewer Rate is $34.88 per 1,000 cubic feet of metered water flow and the current Sewer Connection Fee is $9.48 per gallon of new or increased daily demand. NOW, THEREFORE, BE IT RESOLVED the South Burlington City Council establishes the Water Rate at $24.856 per 1,000 cubic feet of metered flow, the Sewer Rate at $35.40 per 1,000 cubic feet of metered water flow and the Sewer Connection Fee at $9.76 per gallon of new or increased daily demand. FURTHER, BE IT RESOLVED, the terms of this Resolution shall be effective July 1, 2012. APPROVED this day of May, 2012. SOUTH BURLINGTON CITY COUNCIL Rosanne Greco, Chair Pam Mackenzie, Clerk Helen Riehle, Vice Chair Sandra Dooley Paul Engels APPROVED DISAPPROVED Request to Cater Malt and Date: Vinous Beverages & Reason: Spirituous Liquors Caterer's Permit Number 3023-00'I-eat-O 1 (for department use onlu) To: Board of Selectmen/Alderman at Qaterecl location and Vermont Liquor Control Board. From: Licensee name:Bittersweet Associates d/b/a: La Villa - Street: 3762 Shelburne Rd Tawn,/City: Shelburne Vt _ Contact name and phone number:Jill spell 802 218 5599 Email or Fax# jill@lavivabistra.com BE SURE TO READ INf l'KUCTIONS BELOW,BEFORE COMPLETING APPLICATION. --''` (Each catered affair must have a recommendation from the local Board of Selectman or Alderrrum acting in their capacity as local control commissioners and must have the approval of the State Liquor Control Board.) Please answer the following questions: 1. Describe type of party to be catered: Fundraiser , Ticketed event, 2. Location of catered party(street,town or city;if no address,describe location): National Gardners Association, 1100 Dorset St, South Burlington, 3. Date of catered party(not more than five days, unless specifically authorized: 8/11l1 2 q. Hours of operation: Beginning 5 PM _hrs.Ending 9pm hrs. No.o Persons 75 Signed: ' Date: 1� i JJ7/ terer) r„^� Wer........... ""eco mend: approval disapproved . If you recommend disapproval,please state reason(s): Town/City Clerk's signature Town/City Date Of CATERED location, Fax Number or email address: +. SUBMIT AT LEAST 5 DAIS PRIOR TO DATE OF FUNCI'iON submit to Town/City Clerk for recommendation. Town/City Clerk will email,fax or mail to Vermont Liquor Control Board, 13 Green Mountain Drive, Montpelier,VT 056o2 email address:{HYPERLINIC"mailto:DLC-Licensing@state,vt.us"} Fax number is 8o2-828- io3. LIQUOR CONTROL BOARD'S PROCEDURAL REQUIREMENTS FOR CATERER'S PERMIT HOLDERS: i. All liquor control laws and regulations that apply to iit and 311 class licenses also apply to caterer's permits. 2. Before a catered event is approved in any open area,the following requirements must be fulfilled: a) A defined area,for serving and consumption of alcohol beverages,designated with physical barriers. b) Separate toilet and lavatory facilities available for both men and women. �st i nT•M1T ..TA.f J.'.M1 J2.A 2/15/89 411 SUMMARY SUPPLEMENTAL 1989-90 OPERATING BUDGET REQUESTS-ABOVE ALLOWABLI. 1. Chamber of Commerce - Convention Bureau $ 5 ,000 2. Mayor of Burlington -- Aid for Emergency Shelter ? 3. City pay $5.00 per month for Senior Citizen' s Cable T.V. ($60 per yr. @ say 2,000 senior residents) $120 ,000 4. Additional help for City Offices, change part-time person to full-time. Salary & fringe benefits $ 19,000 5. Payoff employee accumulated vacation & compensatory time $ 25, 000 6. Natural Resources - Bicycle trails $ 4 ,115 7. Recreation: (a) Part-time Activities Director $ 4 , 780 (b) Jaycee Park Playground Equipment $ 3 , 500 (c) High School Tennis Courts - repair & repave $ 12 ,840 (d) Jaycee Park Basketball Cts. - repair & repave $ 8, 950 (e) Maternity Leave - part-time secretary $ 1 , 200 8. Library: Computer Equipment $ 4 ,740 0 9. Fire Department - 6 full-time people $195 ,000 10 . Police Department: (a) Law Enforcement Accreditation $ 5,000 (b) Incomimg Call-recorder $ 40 ,000 (c) Mobile Radios (2) $ 3,810 (d) Pagers (6) $ 1 ,800 (e) Cruiser Light-Bars (5) $ 5,845 11 . Highway Department: (a) Park maintenance person $ 25,000 (b) Traffic Signals - Kennedy Dr. /Timber Lane $ 40 , 000 (c) Traffic Signals - Kennedy Dr. /Kimball Ave. $ 40,000 (d) Intersection Improvements at Williston Rd and Kennedy Drive $150,000 (e) Additional street painting $ 10 , 000 (f) Repair cracks & level 500' of Williston Rd. $ 8,000 12. Social Awareness Committee-above 10% allowable $ 9, 330 13. P.A. System - City Hall Conference Room $ 2 , 500 Approx. Total $745,410 plus Burlington' s Request(item #2) 4 • Agency of Mr. Marvin asked whether Mr. Spitz felt that the g y Transportation was the best group to handle this. Mr. Spitz replied that he did since this sort of decision shoull be made locally. Mr. Spitz noted that the next MPO organizational meeting will be held on Tuesday, February 22nd, and that the Council should have a recommendation to make at that time. Since Council members wanted a chance to consider the options, it was decided to continue the discussion and determine the Council's position at the February 21st regular meeting. Regarding Dorset Street, Mr. Spitz said the proposal is moving along. The legislative committee on which Daivd Kaufman sits will be meeting shortly. He noted that the City's three top priority projects (Dorset Street and the two Williston Road projects) will require a $350,000 local share input from the City. Since the City could not acquire; this amount in five years he felt there was a good case to present to the voters for a bond issue. He noted that the State will still have the option as to how much local funds will be required for a project, but the. assumption is that it will remain at 10%. Ms. Lansing asked whether Mr. Spitz was suggestEing bonding only • the 3 major projects or other street projects as well. Mr. Spitz said they should get input from the Street Department on needed repairs and get a bond for these and for those which will or won't have State financing. Meet with Kirby Road Residents on Sidewalks Speaking for Kirby Road residents, Sue Hayes reminded the Council that 13 young children must walk to school at the edge of the road and are subject to the dangers of high speed and truck traffic. In bad weather, the children's instinct is to walk in the car tracks, and during last week's storm, a car narrowly missed several children. Ms. Lansing suggested that if the City bonds for street improve- ment, Kirby Road should be in that plan. Clarification of Personnel Rules on Employee Fringe Benefits Mr. Minnich reiterated the necessity of having the language of the Personnel Rules and Regulations conform with the table' on Page 19, so that only full-time employees will be viewed as eligible for benefits. Mr. Marvin moved to accept the changes to the Personnel Rules and Regulations as stipulated in Mr. Minnich's memo to Council • 66 January 17, 1983. Ms. Lansing seconded with unanimous consent. .1 CITY COUNCIL MARCH 9, 1981 • The South Burlington City Council held a special meeting on Monday, March 9, 1981 at the new Municipal building, 575 Dorset St., in the conference room. Members Present Paul Farrar, Chairman; Michael Flaherty, Martin Paulsen, John Towne, William Burgess Others Present William Szymanski, City Manager; City Hall employees Richard Ward, David Spitz, Betty Bailey, Darla French, Diane Gadhue and Laura Kimball, Thomas O'Connor, Arthur & Barbara Toutant, Richard & Ann Painter, Normand Lavoie, Fran Reiman, Nancy & John Boyd, Hal Bensen, Ann & Edward Emery, Leon Mann, Ernest Levesque, Lowell Krassner, Albert Audette, Mark Goodrich, Sam & Ruth Bogorad, Elizabeth Horton, William & Viola Luginbuhl, Judy Hurd, Janice Hill, Donald Kerwin, Joan & Leo Nadeau, Leo O'Brien, Duncan & Olivia Brown, Virginia Clarke, Mary Roy, Larry & Roberta Coffin, Gwendolen Rye, Bernice & Donald Brisson, 'Carl Cobb, Richard Lang, Chuck Thweatt, Walter Bruska, Richard Trudell, Bob Watson, William Schuele, Ronald Schmucker, James Goddette, Bruce O'Neill , Pat Burgmeier; Other Paper. Meet with South Burlington City Hall Employees Association • Mr. Farrar said the Council had received the written communication from the employees. Mr. Ward noted that last year's contract was never formally accepted and he stated that employees did not know what fringe benefits they were entitled to. Mr. Farrar said the Council wanted to put out a benefit package which would explain all those items. Mr. Ward also noted that he had heard nothing in regard to the Personnel Rules and Regulations and had to assume the Council was proceeding with them. Mr. Farrar felt the police, who had asked to review the Rules, had had enough time with them. Mr. Ward said the employees wanted to ask again for a 1 hour lunoh break. Re said moat people in City Hall worked more than a 40 hour week and many times they did not leave their desks to have lunch because there was no place to ge. Many would go home to eat if they had more time to do so. He also said many other communities worked a'37 1/2 hour week and that there was a large enough City Hail staff to cover the lunch hour by staggering. Mr. Ward noted that they were requesting an 18% pay increase. The police have been offered 7-7 1/2% and Mr. Ward said that was not even the cost of the index this year and that the employees were sliding backward. Mx. Burgess noted that the increase last year had been 10% and he felt that was on the high side. Mr. Ward said it was not fair to compare South Burlingto salaries with figures from the Vermont League of Cities and Towns because it is not known how many people work in the various communities and what kinds of working conditions they have. Mr. Ward said employees needed certain kinds of equipment and he suggested an equipment fund, but was told it was not legal to do that. Employees are asking for a $5 per week clothing allowance, which everyone else has in some form or other. Mr. Ward asked for a contribution to the annual Christmas party and for some sort of Christmas bonus. Mr. Farrar said the Council would provide a copy of the proposed salary schedule. They are also proposing to increase basic life insurance coverage. CITY COUNCIL _ 3$N � 1982: All The South Burlington City Council held a special meet iag on Xegneaday, Jun® 2, 1982 at 7:30 pm in the Mini-Conference Room, City Hall, 575 Dorset St. Members Present Paul Farrar, Chairman; Michael Flaherty, William Burgess, Hugh Marvin, Leona Lansing Others Present William Szymanski, City Manager; David Minnich, Assistant City Man Joseph Obuchowski, City Attorney; Gilbert Myers, Richard Ward agex� Meet with City Hall Union.: to Continue review of contract Mr. Farrar said: the city had gathered information on pay for sitar work to this union's both in and out of the private sector, Mr. .Minnich passed out copies of that information, and- noted that the State prepared an annual update, .it$ Qompenaation survey. 25 firms in this area are listed and job• deectiptions were included so the information would correlate. Mr, Minnich naffed that South:Burlington salaries were within the 90th perceiiti -i-•' of the hourly,rate.: Hs said that he had also compared salaries and fringe benefits with ,Qher communities in the area .and;'that Winooski, Shelburne : : and Coichester~4ere lower.-b y 40%, 2096 and 15%, in regard.to salerisa. With regard to-the entire fringe benefit package, this union's wee better than` 0 anyone else's:•in the State. Mr. Ward felt there was no question about the findingh :here. He noted.:;:that 2 years ago a person from the State had spent a lot• of"`time in City Hall interviewing people, d as a result, some peopl» in. City 'Rail had thelliealaries adjusted. He said the data he had thought the Council was ab.oking :for Was the average percentage increase for wager 1.2.; tt d ' County,.'ant. what houre were worked. Mr. Myers said that Burlingon worked .fk 8 4:30. 844 had 1 hour fors lunch:. Wage increases,:will be between 7.9% and 996,, c spending do Wihether 'one` looks::' at the city-.budget or the individual'department budgets. These are,not final figureer,. do`not include y benefits 7Mr ;.d Myerstd not'know if'iany benefit cha nges•;xitre planned. t!;,. Szymannski ,;maid' he Md contacted Burlington earlier .in the year and been told that .everyO'he worked' a 40 hour`.week'there. :, Mr. Myers.said,Colchester worked 9-5 with an hour:i'or lunch and that they anticipate an 8% Wage increase this year, Baser works- 8-4430 with 1 hour for 'lunch;and they will receive. between 8% and`10y� for .a wage 'increase. Winooski works 8-5 with' an. hour, for lunch and the overall salary increase will be 0%. although that will vary within the city from 6% to its. Williston works 6:30-5 with a 1/w,hou* for• •lunch and will,.receive a 7%.increase. Shelburne receives:a l UnnAiun1h, a .d ; the South:Burlington School edminieitration works 8-4z30 With Mr. -_Farrar asked if those 'figures � h^ hour,ltuieh� $'urea.. sere on the base or on the ra,'�e Sa$; was told \Mr. Myers had tried to get them on the base',: . ', :bt:t that,was' iars1 to do. Mr. Myers felt the city should try to maintain ita_'osition in .the_.•• . work community in the;area, and Mr. 'Farrar nq:ted .that the-Council felt their_ offer did that. Mr...Marvin asked about South Burlington's benefits ompare,i Am to other communities'... He. felt it-would be helpful to know the dollar vilds per employee. that;goes- into benefits in the'various communities. ',Alf. PP,irra said there. was no doubtTthat the City,'s package wae :equal to or better than ... the packages of other"communities in''the area, and Mr. Marvin felt it ;would 13 JLadd From: Cathyann LaRose Sent: Monday, May 21, 2012 4:24 PM To: Sandy Miller; Bob Rusten Cc: JLadd; Paul Conner Subject: FW: NGA permit app for August fundraising event Sandy, I've just received a request to submit the following as part of the public testimony for tonight's meeting. I have not forwarded this to the individual members of the Council. Could you ensure that it is submitted as part of the public record for tonight's meeting, per Ms. Whitby's request? Thank you, Cathyann Cathyann L. LaRose,AICP City Planner 410 d' City of South Burlington 575 Dorset Street South Burlington,VT 05403 Ph:802.846.4106 clarose@sburl.com www.shurl.com/planning From: Karen Whitby [mailto:karen@karenwhitby.com] Sent: Monday, May 21, 2012 4:18 PM To: Cathyann LaRose Cc: Bronwyn Dunne; Bret Hall; Betty Elizabeth Milizia; Sandra Acosta; Daniel Wetzel Subject: NGA permit app for August fundraising event Cathyann, 1 As a member of the So Burl Community Gardens association, would you kindly forward this email to the city council as they consider the permit app of NGA at tonight's meeting? The NGA moved the Community Gardeners, re-creating the area gardeners had invested in for many years into turf to host fund raising events for their association. This will not be the last event they will host and it has been at the expense and frustration of over 36 tax-paying residents. Please consider the following as your review their application: 1. How will NGA restrict/manage 175 guests and protect the community gardens which lie adjacent to their fund raising turf in light of the fact this is an alcohol inclusive event? 2. How will they handle bathroom facilities and traffic onto Dorset Street? 3. How will they handle communication about trespassing concerns on the Vermont Garden Park property? (this would include community gardens and the display gardens maintained by Burlington Garden Club, Master Gardeners and Master Gardener Interns. Thank you for your attention and consideration, Karen V Whitby Member/So. Burlington Community Gardens Association 58 Nicklaus Circle So. Burlington, VT 05403 Mobile: 802-343-5405 Fax: 802-399-2973 Email: Karen(cr�KarenWhitby.com 2 • CITY COUNCIL 23 APRIL 2012 The South Burlington City Council held a regular meeting on Monday, 23 April 2012, at 7:00 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; M. Lang, B. Stuono 1. Executive Session Ms. Riehle moved the Council meet in executive session to discuss personnel, contract negotiations and litigation. Mr. Engels seconded. Motion passed unanimously. Following the executive session, Ms. Riehle moved that the Council exit executive session. Ms. Dooley seconded. Motion passed unanimously. 1. Agenda Review: Ms. Greco asked to add an appointment of an alternate to the ECOS Committee and to CCTV. 2. Comments & Questions from the Audience, not related to agenda items: Ms. Lang said she lives a mile from the Sheraton Parking lot. Though she is not a South Burlington resident, she does all her shopping in South Burlington and uses the Community Library. She is concerned with the "intercept" facility that is being discussed for the Sheraton parking lot. She asked that South Burlington not become known for "parking lots and parking buildings." Mr. Stuono referred to the recently released Environmental Impact Study of the potential for F-35's at the South Burlington Airport. He noted that the 65 decibel line would become substantially larger than the Airport had originally indicated and would encompass the entire Chamberlin district, the school, and Mayfair Park. That could make that entire area unsuitable for homes, an area that now has about 1000 homes. Ms. Dooley said she doesn't know all the details, but she went to the "intercept" meeting, and Bob McEwing said the line the Airport has been using is not correct. Mr. Stuono also noted that he had heard that the F-16's had larger, louder engines put in a few years ago. He would like to know if that is true. Ms. Greco said she got a call from the Airport people who said there were mistakes made in the studies. CITY COUNCIL 23 APRIL 2012 PAGE 2 3. Announcements & City Manager's Report: Mr. Miller: The VLCT Board meeting was held on Thursday. He is now the Vice Chair of the Quality of Life Committee. The City has also received an invitation from VLCT to participate in a pilot program aimed at reducing the likelihood of financial mismanagement of funds. Part of the program may include discounts on insurance for communities who do well on a check list. Ms. Riehle: Had lunch with Deb Ingram, Director of the Vermont Interfaith Agency who offered good ideas about contracts regarding housing. She felt they could be a good resource. Ms. Dooley: Attended the Regional Planning Commission meeting last week. There will be a public hearing on their work plan for the coming year. Also attended the public meeting on the "intercept" facility. About 100 people attended, at least half of whom were students. It is early in the process, but there is already concern about the impact on East Avenue. One feeling is that they should be getting people out of their cars closer to where they live, not to their destination. Ms. Riehle said Deb Ingram told her that Williston is working on creating another park and ride facility. It may or may not affect an "intercept" facility. Ms. Greco: Attended an Airport meeting and got an overview and tour. She has agreed to meet regularly with the new head of the Burlington City Council. She and Ms. Riehle will be meeting with the Chair and Vice Chair of the Planning Commission regarding the Comprehensive Plan. Mr. Engels: Asked the status of the list of priorities the Council established. Mr. Miller said the next step is a matrix with costs, etc., if there are no changes to what was circulated to the Council. 4. Consent Agenda: There were no items on the Consent Agenda. 5. Discuss What Information the Councilors would like to have regarding reviewing site plans, and when/how Councilors want to receive this information: CITY COUNCIL 23 APRIL 2012 PAGE 3 Mr. Miller distributed a sample site plan and accompanying staff notes. He noted that there are different criteria for Interim Zoning than for DRB review of a plan. He asked if the Council is comfortable reviewing what is on a site plan; if not, staff can provide some training. All members indicated they would like to come in for some training. They agreed to come in for a special 5 p.m. meeting next Monday for training. 6. Review and discuss the plans for the Interim Zoning hearings scheduled for 30 April, 4 May and beyond, including how Councilors and Staff should respond to inquiries about projects which are, or may be, before the City Council because of Interim Zoning: Mr. Miller said the Council will probably want to continue IZ applications, not close the hearings, because of time constraints. A decision must be reached within 45 days of closing a hearing. Mr. Rusten then reviewed the current schedule as follows: 30 April - 2 IZ hearings 7 May - Regular meeting 14 May - 2 T7 hearings 21 May - Regular Meeting 4 June - Regular Meeting 11 June - 2 IZ hearings Mr. Miller reminded Councilors that they are also trying to schedule a meeting with the Library Board of Trustees and have to set a time to deliberate on the necessity of the Route 2 project. Members agreed to hear the 2 IZ applications on 30 April, followed by a deliberative session, either in private or public. • Mr. Miller said that there won't be a decision following the deliberation as staff will have to have time to draft the decision. Later, Council members may want to ask staff to come with a draft decision. Members noted that the hearing on the F-35s EIS is on 14 May, which is a scheduled Council meeting. They agreed to meet from 4-6 p.m. so they can attend the EIS hearing at 6 p.m. Members then considered how to deal with public contact regarding IZ applications. Mr. Miller said Councilors cannot comment on applications that will be before them as they CITY COUNCIL 23 APRIL 2012 PAGE 4 will be serving in a quasi-judicial capacity. Mr. Rusten questioned whether a Council member should even read a message or respond to a phone message. This is ex parte communication. Ms. Greco asked what to do if she hears a voice mail message. Mr. Stuono said on the DRB, they typically ignore it. Ms. Greco asked about e-mail. Mr. Miller said a member should disclose to other members the receipt of an e-mail but not it's content. He also noted that another problem could be created if a Council member doesn't return a call. A citizen may feel he/she is being ignored. Mr. Stuono said that is why DRB members don't have their phone numbers or e-mail addresses on the website. Other Business: Ms. Greco noted that Ms. Dooley had been the alternate to ECOS and wants to give up this position. Ms. Dooley moved that Ms. Greco be the ECOS alternate. Ms. Mackenzie seconded. Motion passed unanimously. Ms. Greco then moved that Ms. Mackenzie replace Mr. Engels as alternate to the CCTV Board. Ms. Dooley seconded. Motion passed unanimously. Ms. Dooley then moved to adjourn. Ms. Riehle seconded. Motion passed unanimously. The meeting adjourned at 6:50 p.m. Clerk CITY OF SOUTH BURLINGTON CITY COUNCIL 2012 PRIORITY • TASKS INTERIM ZONING/COMPREHENSIVE PLAN A. Hire consultants B. Develop request for proposals for agriculture and affordable housing component C. Hire and train staff D. Augment staff with outside resources F. Seek grant funding F. Adopt tax incremental financing plan G. Adopt concept plan for Market Street H. Meet with planning commission on comprehensive plan I. Decide on steering committee J. Generate public input K. Rewrite the LDR L. Start processing applications for interim zoning permits M. Transportation demand management District? N. Determine the public facilities to be located in the TIF district CITY OF SOUTH BURLINGTON CITY COUNCIL 2012 PRIORITY TASKS II. COMPREHENSIVE COMMUNICATIONS IMPROVEMENTS * Customer Relations • Webs ite * Social Networking • Information Technology Equipment/Software/Staffing/Support • CCTV • Responding to Residents' Concerns A. Develop and adopt IT system use policies B. Develop and adopt a 3-5-year IT capital plan C. Develop and implement improved system of responding to inquiries from the public and the media D. Work with Other Paper to improve communications with residents E. Develop a communications plan including consideration of branding and a uniform look and message CITY OF SOUTH BURLINGTON CITY COUNCIL 2012 PRIORITY TASKS III. TRAFFIC AND CONGESTION A. Complete Streets B. Bike Path Connections C. Conduct Shelburne Road corridor study D. Conduct public meeting on complete streets concept P. Work on Z-89 Exits 12B, 13, 14B F. Intermodal transportation facility G. Hear from Recreation Path Committee on bike path issues H. Make decision on complete streets I. Update/adopt official city map J. Determine overall city transportation strategy IV. CODE ENFORCEMENT A. Research potential codes to adopt B. Understand the City's range of authority in code enforcement C. Determine what would be required for City resources for any code enforcement initiative to be considered for adoption V. TRAFFIC AND OTHER ORDINANCES A. Updating of ordinances B. Consider a Uttering ordinance C. Consider codifying ordinances VI. LIBRARIES A. Discuss governance with trustees CITY OF SOUTH BURLINGTON CITY COUNCIL 2012 PRIORITY TASKS VII. RAILROAD CROSSINGS A. Determine what the City might do B. Determine what the City can do C. Determine what the City is/will be obligated to do 6'0 �0 City of South Burlington ®# City Clerk's Office Donna Kinville, City Clerk C7PECIAL EVENT ENTERTAINMENT) OR CATERING PERMIT --11101.-e9 FULL NAME OF PERSON, PARTNERSHIP OR CORPORATION: co rr &o r asfs,�� CONTACT PHONE NUMBER OR E-MAIL: LOH )0)449/e- 1/1)H. ADDRESS: 13q DATE RECEIVED BY CLERK'S OFFICE: POLICE APPROVED: , DATE: FIRE APPROVED: , DATE: g ' l 1• /dor ZONING APPROVED: 14, DATE: 45"Itl0 RECREATION APPROVED: DATE: ' HIGHWAY/HEALTH DEPT APPROVED: DATE: .-6-; / , ' /�—' CITY COUNCIL DATE: / I 'Q(�I� GR) ,,R0.1;)-- DATE SENT TO MONTPELIER: STATE OF VERMONT DEPARTMENT OF LIQUOR CONTROL 13 Green Mountain Drive Montpelier, VT 05602 APPLICATION FOR SPECIAL EVENT PERMIT Fee: $25.00 Check payable to Vermont Department of Liquor Control must accompany this application Licensee name (Jo 1-(/4,pV c air, Lvelic,79 d/b/a Vl >4�Q' /CUSP Y Address: 2l -3 Uley Town/City: n_i2 (55—i70 Manufacturer's License No: t r VSeO(o Email: A_AU F,(E01 roil ye_ J@ye_can 1. Describe the special event: v"--C `)JsAStr\.an.) -COO f ce 2. Location(specify defined area, include address of event): C 'r a K-cirg - a Apo-kin r[ Vrf ( 65UCTIIGreitCe_ Ccer 'T-10 \A) +IA a 3. Date of event: d5 7 5 112 4. Hours of operation: Beginning Ending -7r Signed: Date 05 le g l ur (circle one) APPROVED DISAPPROVED Town/City Clerk signature Town/City Date Vermont Liquor Control Board: APPROVED DISAPPROVED (authorized agent) (date) • Entertainment License Application 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: Pecor, Laurie [Laurie.Pecor@state.vt.us] Sent: Tuesday, May 15, 2012 11:05 AM To: Laura Subject: RE: special event/Sheraton 0/_ Importance: High (,seo ` Hi Laura Legislature changed the law which allows Vermont Manufacturers to hold special events and serve alcohol on licensed premises last year. Laurie Pecor Licensing Vermont Department of Liquor Control Office: 802-828-2339 Fax: 802-828-1031 From: Laura [mailto:lkimball(asburl.com] Sent: Tuesday, May 15, 2012 11:02 AM To: Pecor, Laurie a I *D Subject: special event/Sheraton 6er Hi Laurie- I received a special event permit from a business in Shoreham,Vt to do an event @ the Sheraton. (attached) looks like they will be serving inside the restaurant. Seems to me awhile ago there was a similar situation where they were denied because the Sheraton already has a first class liquor license. Would this be the same situation? Thanks for any input. Laura Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 Ikimball(Wsburl.com 1 Laura From: ray Sent: Wednesday, May 16, 2012 10:31 AM To: Laura Subject: RE: Sheraton event No zoning issues. Ray Belair Administrative Officer City of So. Burlington 802-846-4106 From: Laura Sent: Wednesday, May 16, 2012 9:38 AM To: Doug Brent; Trevor Whipple; Justin Rabidoux; ray Subject: Sheraton event Hello all- This is being held at the restaurant (G's) inside the Sheraton on May 23, 2012. Let me know if there are any issues. It used to be that a manufacturer could not hold an event serving alcohol inside a business that had a liquor license already but Legislature changed that law last year. Thanks, Laura 17? fir 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: Wednesday, May 16, 2012 10:19 AM To: Laura Subject: RE: Sheraton event The Whistle Pig Whistle event has my approval! Trevor S.Whipple Chief of Police City of South Burlington 19 Gregory Drive South Burlington,VT 05403 (802)846-4155 twhippleCa7sbpdvt.org From: Laura [mailto:IkimbalMsburl.com] Sent: Wednesday, May 16, 2012 9:38 AM To: Doug Brent; Trevor Whipple; Justin Rabidoux; ray Subject: Sheraton event Hello all- This is being held at the restaurant (G's) inside the Sheraton on May 23, 2012. Let me know if there are any issues. It used to be that a manufacturer could not hold an event serving alcohol inside a business that had a liquor license already but Legislature changed that law last year. Thanks, Laura Ytatt 0 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, May 16, 2012 12:24 PM To: Laura Subject: RE: Sheraton event OK with me. From: Laura Sent: Wednesday, May 16, 2012 9:38 AM To: Doug Brent;Trevor Whipple; Justin Rabidoux; ray Subject: Sheraton event Hello all- This is being held at the restaurant (G's) inside the Sheraton on May 23, 2012. Let me know if there are any issues. It used to be that a manufacturer could not hold an event serving alcohol inside a business that had a liquor license already but Legislature changed that law last year. Thanks, Laura Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 lkimball@sburl.com i Laura From: Doug Brent Sent: Thursday, May 17, 2012 10:57 AM To: Laura Subject: RE: Sheraton event Laura - Laura, no problem from fire. Doug From: Laura Sent: Wed 5/16/2012 9:37 AM To: Doug Brent; Trevor Whipple; Justin Rabidoux; ray Subject: Sheraton event Hello all- This is being held at the restaurant (G's) inside the Sheraton on May 23, 2012. Let me know if there are any issues. It used to be that a manufacturer could not hold an event serving alcohol inside a business that had a liquor license already but Legislature changed that law last year. Thanks, Laurary °Ii* P 40 I-I von*Oa elf' 0 Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 lkimball@sburl.com 1 southburlington PLANNING & ZONING Interim Zoning Development Review Process (May 18,2012) The South Burlington City Council has adopted the Interim Bylaw addressing certain types of land development within the city. Under State law, an applicant for any land development that is prohibited by the Interim Bylaw may submit an application to the City Council for review and approval. This guide outlines the process and standards for such review: Process for Review of Applications: 1. Informal meeting: All applicants for development review (regardless of size and scope of project) are strongly encouraged to communicate with the Planning & Zoning office prior to submission. Staff is available to discuss review process as well as substantive elements of applications. 2. Submittal of Applications: All applicants for review before the City Council must be submitted to the City's Administrative Officer. The Administrative Officer reviews the application and determines whether it is complete. If complete, City staff, together with the City Council, will then schedule the public hearing required under 24 VSA 4415. Applications for approval by the DRB /Administrative Officer shall follow the same procedure. 3. Order of review. The order in which applicants seek approval from the City Council and DRB / Administrative Officer is entirely up to the applicant. Staff generally recommends that applicants seek approval from the City Council first, but there are no requirements for such. 4. Decisions: Following the close of their respective public hearings, the City Council and DRB each shall prepare and issue written decisions in accordance with 24 VSA Chapter 117. Approvals Required by City Any project subject to the City's Interim Zoning Bylaw will be required to receive separate approvals from the City Council as an Interim Zoning Conditional Use' and the Development Review Board (DRB) /Administrative Officer as a proposed development prior to the issuance of a zoning permit for development. Note: The Administrative Officer cannot issue a zoning permit unless the plans approved by the Development Review Board and City Council are identical in substance. Plans may be considered identical in substance even where plans reviewed and approved by one reviewing body include greater detail than those plans reviewed by the other reviewing body(eg: utility lines, landscaping plans, erosion control plans, grading plans, elevations, etc.) but the plans are otherwise identical. As described within the Interim Zoning Bylaw and 24 VSA §4415 2 As required by the South Burlington Land Development Regulations 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com Standards for Review of Interim Zoning Conditional Use Applications The presumption under interim zoning is that the types of development listed in Section III of the Interim Bylaw are prohibited. In order to obtain approval from the City Council as a conditional use, pursuant to Section VI of the Interim Bylaw, the applicant must demonstrate that the proposed development: 1. Overcomes the presumption that such development will or could be contrary to the permanent bylaws that the City ultimately adopts. In making its determination, the Council will use the Purpose statement (Section I) of the Interim Bylaw. An application that fails to overcome the presumption that the proposed development will or could be contrary to the permanent bylaws that the City ultimately adopts related to this Purpose will be denied. 2. Will not result in an undue adverse effect on the six criteria listed in Section VI of the Interim Bylaw. Applicants are recommended to present all relevant testimony(written or oral) in order for the Council to make such determinations. Submission Requirements of Interim Zoning Conditional Use Applications: 1. Applicants shall submit a completed Interim Zoning Conditional Use Application Form and Fee. 2. Applicants shall submit the same required application materials as for the applicable review before the Development Review Board or Administrative Officer. In the case of a subdivision or planned unit development, all information required for Sketch Plan Review pursuant to Section 15.05 of the Land Development Regulations (LDR) is required. In the case of all other types of applications, the applicable LDR submittals are required. The City Council reserves the right to request and require any additional information it deems necessary to make a determination under 24 V.S.A. §4415(d) and (e), including, without limitation, the information required by Section 15.08 of the LDR for preliminary plat application. 3. Applicants shall submit a written statement explaining how the proposed development will not result in an undue adverse effect on the six criteria listed in Section VI of the Interim Bylaw. 4. Applicants shall submit a written statement explaining how the proposed development overcomes the presumption that it will or could be contrary to any amendments to the Land Development Regulations that the City ultimately adopts that implement the City's goals of: i) the adoption of Form Based Code-style regulations for the Williston Road/Dorset Street/City Center area and possibly other areas of the City ii) support of sustainable agriculture; iii) support of conservation of open space; iv) support of promotion of housing for people of all incomes and stages of life; v) other aspects of the Purpose statement in Section I of Interim Bylaw. For more information, contact the Department of Planning of Zoning at (802) 846-4106. CITY OF SOUTH BURLINGTON CITY COUNCIL RESOLUTION A RESOLUTION ESTABLISHING THE FISCAL 2013 WATER AND SEWER RATES AND THE SEWER CONNECTION FEES WHEREAS, it is necessary for the City of South Burlington to amend its current Water Rates, Sewer Rates and Sewer Connection Fees; and, WHEREAS, a sewer and water user fee is paid by all users of the water and sewer systems based upon their metered water usage; and, WHEREAS, the City has the authority to establish rates to defray costs of planning, design, construction, operations and maintenance of its water system; and, WHEREAS, the total annual Sewer Charges received by all customers shall be sufficient for the payment for the costs of operating, maintaining and repairing the sewer collection system and plant facilities; and, WHEREAS, the City charges every person seeking to expand an existing Sewer capacity allocation or building a facility requiring a new Sewer capacity allocation a Connection Fee; and, WHEREAS, Article VIII, Section 1 of the City of South Burlington Water Ordinance states, "The rates shall be established by resolution at an open meeting of the Legislative Body"; and, WHEREAS, Article IV, Section 1 of the City of South Burlington Sewer and Stormwater Ordinance authorizes the City Council to set an annual Sewer Disposal Charge, and, WHEREAS, Article III, Section 6(e) of the City of South Burlington Sewerage and Stormwater Ordinance authorizes the City to assess Connection Fees; and, WHEREAS, the Fiscal Year 2013 voter-approved budgets for Sewer and Water are based on the increases in the Sewer and Water rates and Sewer Connection fee as proposed herein; and, WHEREAS, the current Water Rate is $24.174 per 1,000 cubic feet of metered flow, the current Sewer Rate is $34.88 per 1,000 cubic feet of metered water flow and the current Sewer Connection Fee is $9.48 per gallon of new or increased daily demand. NOW, THEREFORE, BE IT RESOLVED the South Burlington City Council establishes the Water Rate at $24.856 per 1,000 cubic feet of metered flow, the Sewer Rate at $35.40 per 1,000 cubic feet of metered water flow and the Sewer Connection Fee at $9.76 per gallon of new or increased daily demand. FURTHER, BE IT RESOLVED,the terms of this Resolution shall be effective July 1, 2012. APPROVED this day of May, 2012. SOUTH BURLINGTON CITY COUNCIL Rosanne Greco, Chair Pam Mackenzie, Clerk Helen Riehle, Vice Chair Sandra Dooley Paul Engels Resolution to Create Fueling Station Reserve Fund Whereas, the City Charter, section 13-310 (7) states, "The city council and the school board, by their own actions, may establish reserve funds to pay for public improvements, replacement of equipment, and planned or unplanned operating expenditures. Monies to be deposited in any fund shall be included in a city or school district budget and shall not be excluded in calculating the net cost of operation pursuant to subsection 1309(a) of this chapter. Reserve funds shall be kept in separate accounts and invested in the same manner as other public funds. The city council and the • school board may, from time to time, expend monies in those funds for purposes for which they were established without voter approval."; and, Whereas, the City owns and operates a fueling station at its Department of Public Works Facility at 104 Landfill Road; and, Whereas, the Facility serves both City general fund and enterprise fund activities as well as some external customers such as the School Department and the UVM Ambulance Service; and, Whereas, both the enterprise funds and external customers have paid a surcharge of$0.10 per gallon over and above the actual fuel costs; and, Whereas, this surcharge revenue was to be set aside to pay for future Fuel Station repairs or upgrades; and, Whereas this surcharge has been collected in previous years but seemingly never deposited into a Reserve Fund; and, Whereas in addition to this surcharge the voter-approved Fiscal Year 2012 and 2013 budgets identify an allocation of general fund revenue to the Fueling Station Reserve Fund. Now,Therefore,Re it Resolved, that the City_Councilhereby confirms the.$0.10 per gallon surcharge for the enterprise funds and external customers; and, Furthermore, Be It Resolved, that Council creates a Reserve Fund whose purpose is to fund future Fueling Station repairs and/or upgrades and into which all surcharge and voter-approved general fund revenue will be allocated; and, Furthermore, Be It Resolved, that all money placed in this Reserve Fund shall only be disbursed for the uses identified in this Resolution. Expenditures from the balance of the reserve fund will only be made with the approval of a basic majority of the South Burlington City Council at an officially Warned City Council meeting and recorded in minutes Dated the 21st day of May, 2012 Dated this day of 2012. City Council Rosanne Greco, Chair Helen Riehle, Vice Chair Pam Mackenzie, Clerk Sandra Dooley Paul Engels Resolution to Create An EMT-P Training Reserve Fund Whereas, the City Charter, section 13-310 (7) states, "The city council and the school board, by their own actions, may establish reserve funds to pay for public improvements, replacement of equipment, and planned or unplanned operating expenditures. Monies to be deposited in any fund shall be included in a city or school district budget and shall not be excluded in calculating the net cost of operation pursuant to subsection 1309(a) of this chapter.Reserve funds shall be kept in separate accounts and invested in the same manner as other public funds.The city council and the school board may, from time to time, expend monies in those funds for purposes for which they were established without voter approval."; and, Whereas, the contract negotiations between the City of South Burlington and the South Burlington Career Firefighters' Association Local 3671, International Association of Firefighters, AFL-CIO 7/1/09 to 6/30/12 revised 1/1/2011 in Article 9 agreed to a reimbursement schedule for an employee who takes the EMT-P training program and either does not finish the course or leaves City employment within 48 months of course completion; and, Whereas, said reimbursement to the City is to be deposited into a fund so that that money will be made available for future EMT-P training for city firefighters; and, Whereas, during the contract negotiations the City Manager offered that if the voters approved an amount of$10,000, that that amount would also be placed into a Reserve Fund to fund future EMT-P training; and, Whereas, in the FY 2012 Budget the voters approved $10,000 to go to Ambulance Reserve Fund- Training; and, Whereas, in the FY 2013 Budget the voters approved $10,000 to go to Ambulance Reserve Fund- Training. Now, Therefore, Be it Resolved, that the City Council hereby creates a Reserve Fund whose purpose is to fund EMT-P training for City of South Burlington Firefighters: and, Furthermore, Be It Resolved, that all money placed is this Reserve Fund shall only be disbursed for the uses identified in this Resolution. Expenditures from the balance of the reserve fund will only be made with the approval of a basic majority of the South Burlington City Council at an officially Warned City Council meeting and recorded in minutes Dated the 21st day of May, 2012 Dated this day of 2012. City Council Rosanne Greco, Chair Helen Riehle, Vice Chair Pam Mackenzie, Clerk Sandra Dooley Paul Engels A Resolution to Document Fringe Benefits for Certain Employees Whereas,the South Burlington City Council has the sole authority to set certain fringe benefits for management, non- represented employees; and, Whereas,the administration can find no documentation that South Burlington City Council has authorized the following fringe benefits for management, non-represented employees: - Clothing allowance. - Supplemental eye care allowance for eyeglass frames. - Partial or full gym or Weight Watchers reimbursement. - Physical fitness stipends. and; Whereas South Burlington City Council has learned that some members of the management, non-represented group of employees were aware of some benefits and others were not; and, Whereas South Burlington City Council deems it appropriate that this group of employees is treated equivalently. Now,Therefore Be It Resolved,that all benefits listed in this Resolution are eliminated for this group of employees and, instead, the following shall apply: 1. All management, non-represented, employees shall receive a reimbursement check in lieu of the specific benefits identified above for$300 once annually, in July of each respective Fiscal Year,except that the City Manager and Deputy (or Assistant) City Manager shall not receive this reimbursement check. 2. The Public Works Director shall be authorized to determine if field supervisors should receive an additional stipend of$300 annually, except that the Public Works Director shall not be eligible to receive this stipend. Dated this 21st day of May 2012: Rosanne Greco, Chair Sandra Dooley Helen Riehle, Vice Chair Paul Engels Pam Mackenzie, Clerk Town Meeting TELEVISION 2 May 2012 MEMO TO:South Burlington City Council FROM: Rob Reiber,Channel 17 Coordinator RE: Channel 17 Video Allocation The City of South Burlington is a member of the Chittenden County Government Access Channel Trust. The allocation of member annual video services is based on relative number of cable subscribers.This allocation provides Burlington with 6 meetings/month, South Burlington with 5 and the rest of the members with 3 (i.e., Essex, Essex Junction,Winooski, Williston and Colchester). During election season, one meeting is reserved from each community to accommodate election coverage. In summary, South Burlington has access to 59 produced meetings or events each year. Channel 17 employs the October 1 fiscal year to track coverage. Currently, South Burlington uses its allocation to cover regular City Council Meetings (2/month), Special Meetings (1/some months) and DRB Meetings(2/month). Between October 2010 and March 31 2011, South Burlington's allocation breaks down as follows: • Between October 2010-September 2011 South Burlington Stipend was 59 (60- 1 Town Meeting Election Season) -Delivered: 50 • Between October 2011- March 31 2012 S. Burlington Stipend is 29 meetings - Delivered YTD: 27 The decision of"what to cover" rests with the South Burlington City Council and the recommendations of its designees (i.e. representative to the Trustees, City Manager, Planning Director, other municipal leadership). During a recent visit to the South Burlington City Council, Channel 17 was asked to consider covering the Planning Commission meetings. Because the current allocation is consumed by City Council, DRB and special events,this would be "additional coverage".This "additional coverage" can be provided by: • Trained municipal employee or volunteer using Channel 17 equipment(or municipal equipment), or, • Channel 17 staff coverage Channel 17 staff coverage is estimated to cost 9 hours/production time x$85/hour=$765 per meeting or$9180 for annual coverage of two Planning Commission meetings per month. Given the limited resources of the City,the City Council seeks to determine public interest in current meeting coverage to help make a decision about future coverage. To this end, Channel 17 reviewed the web viewer statistics. (Channel 17 is able to provide web viewership, but cable TV audience numbers are not available to us). • Between October 31, 2011 and April 20, 2012 there were 370 views of 35 events (these include City Council meetings that are divided into two parts) • Total viewing time is 358 hours • Average viewing time per meeting is 58 minutes • Highest Viewership: City Council Meeting of 1/17/12 (Part 1) had 52 viewers. • The average number of viewers ranges between 8—25 viewers per event. It is also worth noting that, since October 2011,South Burlington viewers have generated 2800 visits to the Channel 17 website (4%of the site's web traffic). While these results do not provide a complete picture of South Burlington viewership or the value of South Burlington coverage to its citizens, Channel 17 recommends the following: • City of South Burlington increase promotion of the available meeting coverage to its citizens. The Channel 17 widget could be restored to a more prominent location on the South Burlington City website.This provides citizens with immediate links to the most recent South Burlington programming. • Coverage of the Planning Commission meetings can be produced on a trial basis to determine public interest.This can be accomplished through any of the following scenarios (or others): o Reduce DRB by one meeting, selected by the Planning Director o Keep City Council, DRB coverage to 2 meetings/month and choose Planning Commission Meetings as "special coverage", selected based on issues to be covered o Add Planning Commission meetings as a regular event, produced by a trained City staff member or volunteer. Channel 17 can provide training and equipment to support this. We appreciate your ongoing support and commitment to open government. Please let us know how we can assist you further. Please reach me at Rob Reiber, rreiber@cctv.org or 802.862.3966 x13 to discuss further. southottriington Sanford 1.Wier,City, Manager smiiler4sturl.cam INVESTMENT POLICY STATEMENT City of South Burlington Retirement Income Plan 5/21/12 .40 5outhS1 it !.3'M Sanford I.Millar.City Manager smiiien$`sbnrl.eom TABLE OF CONTENTS I. Purpose 1 II. Committee Objective 1 III. Asset Allocation Strategy 1 A. Constraints • Liquidity • Time Horizon • Regulation • Volatility • Risk Tolerance • B. Rebalancing IV. Investment Strategy 3 A. Selection B. Monitoring • Watch List • Termination V. Roles and Responsibilities 5 VI. Plan Management 6 VII. Further Guidelines 6 VIII. Adoption of Investment Policy 7 Attachment A: Asset Allocation Strategy 8 Attachment B: Global Portfolio Strategies, Inc. Notation 9 Attachment C: Asset Classes Utilized 10 5/21/12 southwnrhQ .nn Sanford I.Miler:City Manager smiilergshorl.cora I. PURPOSE This Investment Policy Statement ("IPS") has been developed by the City of South Burlington Pension Advisory Committee ("Committee") of the City of South Burlington Retirement Income Plan ("the Plan"), a retirement plan offered by the City of South Burlington ("Plan Sponsor"), to assist the Committee in prudently evaluating investment options and establishing an asset allocation strategy for the Plan. The Plan is a governmental employee benefit plan intended to comply with all applicable federal laws and regulations, including the Internal Revenue Code of 1986, as amended, and all applicable state statutes. Specifically, this IPS: • serves as a management tool to provide the framework within which the Committee recommends to the Pension Administrator the Plan's investment options and asset allocation, • provides a resource for inquiries regarding the investment options and asset allocation strategy for the Plan, • outlines roles and responsibilities, and • provides specific guidelines, but does not eliminate the Committee's ability to adapt to a complex and financial environment. This IPS will be reviewed at least yearly and upon any major change, and, if appropriate, can be amended to reflect changes in the capital markets, objectives, or other factors relevant to the management of the Plan such as changes in Plan or advisory services provider. If the agreement between Prudential and South Burlington terminates, then a new Investment Policy Statement will be written by the PAC. II. COMMITTEE OBJECTIVE The Plan Sponsor maintains the Plan to help provide its employees retirement income and to attract, reward and retain employees. The objective of the Committee is to ensure the security of these benefits. III. ASSET ALLOCATION STRATEGY The Committee's asset allocation strategy is predicated on meeting its objective, as set forth above, with a desire to effectively manage funded status volatility and mitigate undue risk exposure, taking into consideration the outlined constraints below: Constraints Liquidity Assets shall be allocated to provide adequate liquidity for the Plan's disbursements, such as benefit payments and ongoing expenses. The Plan's assets are managed such that all retirement benefits are met as they become due. 2. 5/21/12 southbu ' in .',l iai Sanford I.Millar.City Manager Time Horizon smillerSLnburl.cam The Plan's asset allocation strategy encompasses a desire to achieve fully funded status over a period of time, balancing Plan Sponsor contribution requirements with potential market risks. Plan Sponsor objectives and time horizon may be influenced by alternatives for the Plan (such as terminate the Plan, maintain a fully funded status, etc.). Allocation Assets may be allocated and managed by investing the funds in a manner that uses ERISA's fiduciary standards as a guideline. Those responsibilities include: • Acting solely in the interest of plan participants and their beneficiaries and with the exclusive purpose of providing benefits to them; • Carrying out duties prudently; • Following the plan documents; • Diversifying plan investments; and • Paying only reasonable plan expenses. Risk Tolerance & Volatility The asset allocation strategy was developed with regard to the risk tolerance deemed appropriate by the Committee. The risk tolerance is comprised of financial and other relevant characteristics of the Plan Sponsor, as well as its risk philosophy for pension assets. Certain municipal characteristics may reduce the tolerance for investment return volatility, funded status volatility, and corresponding contribution level- volatility. Cash Flow Analysis/Equity Allocation The asset allocation strategy should incorporate the results of an analysis of assets and emerging liabilities, by projecting a ten-year horizon of expected contributions and disbursements, including benefit payments and expenses. Assets may be suitably matched in time horizon to the projected liabilities. In general, assets freed from near-term liquidity constraints would be available for equity investment. Timing Rebalancing is the periodic adjustment of the portfolio to restore a pre-defined target asset allocation. Rebalancing reviews generally take place quarterly, or at a frequency determined as appropriate by the Pension Advisory Committee, with the following standards as guides: • Debt/ Equity: +/- 3% of target in absolute terms (ex. 60% goal rebalancing transfers should be implemented at 57% and 63%) • Individual Investment Options: +/-25% of target in relative terms (ex. 3%fund target would be rebalanced at 2.25% and 3.75%). Generally, the rebalancing transactions will occur over a period of time to reduce undue market timing risk. 2 5/21/12 southafl a.. Sanford I.Mute,,City Managar smi4er@shurl.cam IV. INVESTMENT STRATEGY Investments shall be selected and monitored in a manner designed to meet the Plan objective. An analysis of plan liabilities, projected liquidity needs and assets will be used in determining the Plan's long-term investment strategy. The Committee intends to utilize a range of investment alternatives to achieve the return and risk objectives of the Plan. Asset classes and their associated benchmarks available to the plan include, but are not limited to options laid out in Attachment C. Selection The Committee will evaluate and recommend investment options for each of the selected asset classes they deem appropriate for the Plan. For any investment option that is part of the Prudential Retirement' Due Diligence Advisor (DDA) Program that provides ongoing due diligence and fund monitoring, the Committee may use the DDA process and ranking system as one of the standards of selection. Generally, the Committee may select funds that are ranked favorably by the DDA process. The investment options selected should meet the following criteria: • be a bank, insurance company or investment management company or an investment adviser registered under the Investment Advisers Act of 1940; • be in good standing with regulators and clients; • have a history of managing the option or a similar option with documented history, typically no less than three years; • demonstrate stability and financial soundness; and • have total net assets in the strategy of a reasonable amount sharing the same portfolio management team and having similar investment objectives and holdings. Assuming the above criteria are met, the particular investment options under consideration should meet the following standards for selection: • performance greater than or within a reasonable range of the median return for an appropriate, style-specific benchmark and/or peer group over a reasonable time period; • specific risk and risk—adjusted return measures within a reasonable range relative to an appropriate, style-specific benchmark and/or peer group; • demonstrate adherence to the stated investment or Plan's objective; • competitive fees compared to similar investments; • ' Prudential Retirement is a registered service mark of The Prudential Insurance Company of America, Newark, NJ and its affiliates. Securities products and services are offered through Prudential Investment Management Services LLC(PIMS),Three Gateway Center, 14th Floor, Newark, NJ 07102-4077. PIMS is a Prudential Financial company. Prudential Retirement is a Prudential Financial business. 3 5/21/12 fik southbu: in ton Sanford I.Miner:City Maaagar smille rx_sbur learn • an investment provider able to provide all performance and other relevant information in a timely fashion; and • qualitative analysis of such factors as the investment management firm and characteristics of the portfolio. Occasionally, an option may be selected which does not meet all of the selection criteria but fits or maintains a particular investment or Plan objective. Monitoring The Committee will monitor the investment options offered on a regular basis, but no less than annually (with quarterly updates), by utilizing the same framework that was the basis of the selection decision. The monitoring will allow the Committee to revisit the investment option selection process and confirm that the criteria originally satisfied remains so and that each investment option continues to be a prudent offering. The Committee will: • compare investment performance and risk measurements to appropriate benchmarks, indices and/or peer groups as defined in Attachment C; • consider any material changes in the investment's objectives, investment philosophy, and/or key personnel; and • evaluate Plan asset returns versus its specific liabilities. The Committee understands that investment options may experience short-term underperformance due to various factors and that frequent change is neither expected nor desirable. As such, greater emphasis will be placed on investment performance over a three to five year period relative to associated benchmarks and peer groups. Additionally, for any investment option that is part of the DDA program, the Committee may use the DDA process and ranking system as one of the standards of monitoring. If overall satisfaction with the investment options is acceptable to the Committee, no action is required at that time. If areas of dissatisfaction exist, the Committee will take necessary steps deemed appropriate to remedy the deficiency. Steps may include placing an unsatisfactory investment option on the Committee "Watch List" that will be further evaluated. Watch List In evaluating the investments over a period of time, a determination may be made for an option to be placed on the Watch List to express a general concern for unsatisfactory adherence to the monitoring screens. The DDA program also employs a Watch List to express general concern with a particular fund, for reasons including substandard performance and concerns regarding future performance, such as changes in the portfolio team or process. 4 5/21/12 s:114 so thj irking n Santora J.Miller,City Manager satiiler'gsburl.cem The Plan may consider the information about the Watch List in deciding whether to take action on any funds in the Plan. The decision to retain or terminate an investment option cannot be made by a formula. It is the Committee's confidence in the investment option's ability to perform in the future that ultimately determines the retention of an investment option. Termination At its discretion, the Committee may recommend to the Pension Administrator to terminate a fund or identify a replacement fund. V. ROLES & RESPONSIBILITIES Those responsible for the investment selection and ongoing monitoring of the Plan include, but are not limited to: Pension Advisory Committee As fiduciaries under the Plan,the primary responsibilities of the Committee are, among other things,to: • prepare and maintain this Investment Policy Statement; • design an asset allocation strategy that meets the plans objectives; • prudently select investment options; and • periodically evaluate the Plan's asset allocation strategy and investment options, make allocation and investment option changes when appropriate. No less frequently than annually, the Committee will perform a general review of the asset allocation strategy, investment options and discuss any other issues related to the Plan, which have been brought to the attention of the Committee. Investment Strategist The Prudential Investment Strategist provides investment related support to the Committee. Such information will be factual in nature and provided to assist in the asset allocation strategy, as well as the prudent selection and ongoing monitoring of the Plan's investment options. The Investment Strategist will also execute the duties required as a member of Global Portfolio Services, Inc. as described in Attachment B. Actuary As required for the execution of the asset allocation strategy in Attachment A, the Plan's Actuary will provide the Committee with the Plans funded status periodically and in a timely manner, as required to execute the asset allocation strategy. The actuary may use estimates or projections consistent with generally accepted actuarial standards and procedures. 5/21/12 Sanfa:;3 I,Miiter,City Manager smille r4stborl.enm Plan Service Provider The entity that provides the Plan's investment options, and which the Plan has retained to provide administration of investments held in the trust, will provide the following services: receiving contributions, making distributions in accordance with the appropriate instructions and keeping accounts and records of financial transactions of the trust. The Plan Service Provider will support the Committee and the Plan Sponsor where appropriate. VI. PLAN MANAGEMENT The Committee will review the established asset allocation strategy and investment funds on a periodic basis. The Committee will consider: • asset allocation strategy relative to funded status; • investment strategy; • regulatory environment; • capital markets; • performance of the investment funds relative to the markets, according to the Performance Standards set forth in Section IV of this Investment Policy Statement, • the need to make changes to investment alternatives and/or asset allocation strategy; and • applicability of the Investment Policy Statement as written, in light of current plan sponsor philosophy and objectives, as well as the objectives of the plan. VII. FURTHER GUIDELINES Prior to adopting this IPS and any amendment to it, the Committee, to the extent it deems necessary, will consult with its legal and other advisors. Documentation of matters discussed and/or decisions made will be kept. Any change to this policy should be fully documented and communicated in writing and on a timely basis to all interested parties mentioned under Section II, Roles and Responsibilities. 6 5/21/12 • south. ntrin4 s Sanford f.Miner,City Manager smi!leriPs6url.cam VIII. ADOPTION OF INVESTMENT POLICY This Investment Policy is hereby adopted and shall remain in effect until revised, terminated or amended and accepted by the City of South Burlington City Council. This policy will be reviewed at least yearly and upon any major change. By: Rosanne Greco, Chair Date City of South Burlington City Council Helen Riehle, Vice-Chair Date City of South Burlington City Council Pam Mackenzie, Clerk Date City of South Burlington City Council Sandra Dooley Date City of South Burlington City Council Paul Engels Date City of South Burlington City Council 7 5/21/12 southb: u tin ,t.nnn. Sanford 1.Mi!far.City Manager smillen@shorl.corn ATTACHMENT A: ASSET ALLOCATION STRATEGY The City of South Burlington will target the following as part of its long-term asset allocation strategy: Fixed Income Allocation Short Term (as dictated by liquidity needs) 08% Fixed Income— Intermediated Term 29% Fixed Income — High Yield 03% Total Fixed Income 40% Equity Allocation Domestic: Large Cap 34% Small Cap 08% Real Estate 03% Total Domestic Equity 45% International: Internationale 15% Total International Equity 15% Total 100% 'Includes both developed and emerging market equity securities. 8 5/21/12 soBAthinkr fk8''g4. 3n Sanford I.Millar.City Manager smiller@shurl.cam ATTACHMENT B: GLOBAL PORTFOLIO STRATEGIES, INC. NOTATIONS Representatives of Global Portfolio Strategies, Inc. will perform the following services: • Communicate and document the Plan's asset distributions, asset allocation strategy, and portfolio returns on a quarterly basis. • Meet periodically with representatives of the Pension Advisory Committee to review this Investment Policy Statement and decisions relating to the investment and asset allocation strategy. • Monitor the Plan's asset allocation and execute transactions required to maintain the Plan's asset allocation strategy or any maintenance rebalancing. • Update this IPS as needed. 9 5/21/12 ..s 461 'a.rad°i6ie southb zoing on Sanford I.Miller,City Maaaaer smitlerashorl.cam ATTACHMENT C: ASSET CLASSES AVAILABLE ASSET CLASS PEER GROUP: PEER GROUP: LIPPER BENCHMARK: MORNINGSTAR INDEX INDEX CATEGORY MEDIAN Fixed Income—Short Term Ultra Short-Term N/A Citigroup 3-mos.T-bill Bond Fixed Income—Stable Value N/A N/A Five Year Average Treasury Yield Fixed Income-TIPS Inflation—Protected N/A Barclays Capital US Treasury: US Bond TIPS Fixed Income—Intermediate Intermediate Bond Intermediate Barclays Capital Aggregate Bond Investment Grade Debt Fixed Income—High Yield High Yield Bond High Current Yield Barclays Capital High Yield Bond Bond Funds Fixed Income—Long Long Term Bond N/A Barclays Capital US Long Credit Large Cap Value Large Cap Value Large Cap Value Russell 1000 Value Large Cap Blend Large Cap Blend Large Cap Core S&P 500 Large Cap Growth Large Cap Growth Large Cap Growth Russell 1000 Growth Mid Cap Value Mid Cap Value Mid Cap Value Russell Mid Cap Value Mid Cap Blend Mid Cap Blend Mid Cap Core Russell Mid Cap Mid Cap Growth Mid Cap Growth Mid Cap Growth Russell Mid Cap Growth Small Cap Value Small Cap Value Small Cap Value Russell 2000 Value Small Cap Blend Small Cap Blend Small Cap Core Russell 2000 Small Cap Growth Small Cap Growth Small Cap Growth Russell 2000 Growth International Value Foreign Large Value International MSCI EAFE Value International Blend Foreign Large Blend International MSCI EAFE International Growth Foreign Large Growth International MSCI EAFE Growth Global Fund World Stock Global MSCI World Emerging Markets Emerging Markets N/A MSCI Emerging Markets Real Estate Fund Specialty—Real Real Estate NAREIT Equity REIT—or- Estate NCREIF Index Asset Allocation services provided by Global Portfolio Strategies, Inc., a Prudential Financial Company. Prudential Retirement's group variable annuity contracts are issued by Prudential Retirement Insurance and Annuity Company (PRIAC), Hartford, CT, a Prudential Financial Company. Securities products and services are offered through Prudential Investment Management Services LLC (PIMS), Three Gateway Center, 14th Floor, Newark, NJ 07102-4077. PIMS is a Prudential Financial Company. 10 5/21/12 \ �4. x` City of South Burlington ��® City Clerk's Office 41 o,. °rE� 4 Donna Kinville, City Clerk FIRST, SECOND CLASS AND CABARET LICENSE APPLICATION FULL NAME OF PERSON, PARTNERSHIP, CORPORATION c4 po 1& icthL-ir 11/ E6(2big_ Gz, DOING BUSINESS AS/ TRADENAME ADDRESS SSD ,SIbLir -dam• • • 13 FIRST CLASS SECOND CLASS CABARET DATE RECEIVED BY CLERK'S OFFICE �Q SO. BURLINGTON POLICE DEPT G' S f z_ C iel� f�vor S. Wh' e Date S0. :7 INGT�IRE DEPT JJ17/ 2 Chief Douglas S. Brent Date SO. BURLINGTON T DEPT Marth Lyons, Deputy 4x Collector Date sent to Montpelier: GDUnCii : -1--)1AK )JADG---- 0 20 FIRS SECOND CLASS LIQUOR LICENSE AND TOBACCO APPLICATION License Year: May lst through April 306 of following year Please file application in duplicate Chipotle Mexican Grill of Colorado,LLC PCJma1 Pgran,Partnership,Corporation,Club or LLC Begnneatr er df-1 ,"�e ures reef,dui a ateway Shopping Center Street and street number of premises covered by this application South Burlington VT Town or City&Zip Code re+efr* Y1fl bop Street, Suite 500 Denver CO 80202 Mailing Address(if different from above) Email Address: licensing @chipotle.com El FIRST CLASS r'1SECOND CLASS TOBACCO Fee for ANY FIRST class license paid to town/city$100.00/Fee to DLC $100.00 El RESTAURANT Fee for ANY SECOND class license paid to town/city$50.00/Fee to DLC $50.00 ❑ HOTEL Fee for TOBACCO ONLY license paid to town/city $10.00 ❑ CABARET ❑ CLUB TO THE CONTROL COMMISSIONERS OF THE TOWN/CITY OF South Burlington VT VERMONT Application is hereby made for a license to sell malt and vinous beverages under and in accordance with Title 7,Vermont Statutes Annotated, as amended, and certify that all statements,information and answers to questions herein contained are true; and in consideration of such license being granted do promise and agree to comply with all local and state laws; and to comply with all regulations made and promulgated by the Liquor Control Board. Upon hearing,the Liquor Control Board may,in its discretion,suspend or revoke such license whenever it may determine that the law or any regulations of the Liquor Control Board have been violated,or that any statement,information or answers herein contained are false. MISREPRESENTATION OF A MAIERIAL FACT ON ANY LICENSE APPLICATION SHALL BE GROUNDS FOR SUSPENSION OR REVOCATION OF THE LICENSE,AFTER NOTICE AND HEARING. If this premise was previously licensed,please indicate name I/we are applying as: ❑ INDIVIDUAL Q LIMI l ED LIABILITY COMPANY PARTNERSHIP ❑ CORPORATION Please fill in name,address,and place of birth of individual,partners,directors or members. LEGAL NAME STREET/CITY/STATE The sole member of 0..t.pot1 e Mexican Grill of Col orndn, T,T,C is Chipotle M ixi ran Gr.i 1 1 , Inc, a publicly traded company. The managers of the LLC are: Matthew Steven Ells, 92 Jane Street, New York, NY 10014, born in Indianapolis, IN and Montgomery F. Moran, 7705 Fairview Road, Boulder CO 80303, born in Newport, RI rSTATES? Are all of the above citizens of the UNITED Yes No (Note: Resident Alien is not considered a U.S. Citizen) If naturalized citizen,please complete the following: Name Court where naturalized(City/State/Zip) Date CORPORATE INFORMATION: If you have checked the box marked CORPORATION, please fill out this information for stockholders (attach sheet if necessary). LEGAL NAME STREET/CITY/STATE Date of incorporation Is corporate charter now valid? Corporate Federal Identification Number Have you registered your corporation and/or trade name with the Town/City Clerk? and/or Secretary of State? (as required by VSA Title 1141621,1623&1625). ALL APPLICANTS HAVE ANY OF THE APPLICANTS EVER BEEN CONVICTED OR PLED GUILTY TO ANY CRIMINAL OR • OR VEHICLE ( NSE IN ANY COURT OF LAW (INCLUDING TRAFFIC TICKETS BY MAIL) AYES I I NO If yes,please complete the following information: (attached sheet if necessary) Name Court/Traffic Bureau Offense Date See attached • Do any of the annlicants hold an elective or appointive state,county,city,village/town office in Vermont?(See VSA,T.7,Ch. 9,4223) I I YES I NO If yes,please complete the following information: Name Office Jurisdiction Please give name, title and date attended of manager, director,partner or individual who has attended a Liquor Control Licensee Education Seminar,as required by Education Regulation No.3: NAME: TO BE DETERMINED TITLE: DATE: (If you have not attended an Education Seminar prior to making application,please contact the Liquor Control Investigator in your area regarding this mandatory training.) FOR ALL APPLICANTS:DESCRIPTION/LOCATION OF PREMISES(Section 4) Gateway Shopping Center,Store 13,580 Shelburne Street,South Burlington VT Description of the premises to be licensed: Does applicant own the premises described? No If not owned,does applicant lease the premises? Yes If leased,name and address of lessor who holds title to property: Heathcole Associates LP do Acadia Heslly Trust 1311 Mamaroneck Ave Sults 28Owhile Plans NV 10605 Are you making this application for the benefit of any other party? Na FIRST CLASS APPLICANTS ONLY: No first class license may be issued without the following information. HEALTH LICENSE W: Food 153b Lodging (if licensed as a Hotel) VERMONT TAX DEPARTMENT: Meals&Rooms Certificate/Business Account fluent devoted primarily to: (Circle one) FOOD restaurant) ENTERTAINMENT(cabaret) HOTEL CLUB If you are considering Outside Consumption service on decks,porches,cabanas,etc.you must complete an Outside Consumption Permit. Please request this form from your Town/City or from the Department of Liquor ControL CABARET APPLICANTS ONLY: Applicant hereby certifies that the sale of food shall be less in amount or volume than the sales of alcoholic beverages and the receipts front entertainment and dancing; if at any time this should not be the case, the applicant/licensee shall immediately notify the Department of Liquor.Control of this fact. Signature of individual,Partner,authorized agent of Corporation or LLC member ALL APPLICANTS MUST COMPLETE AND SIGN BELOW The applicant(s)understands and agrees that the Liquor Control Board may obtain criminal history record information from State and Federal repositories prior to acting on this application. I/We hereby certify, under pains and penalties of perjury, that 1/We are in good standing with respect to or in full compliance with a plan approved by the Commissioner of Taxes to pay any and all taxes due the State of Vermont as of the date of this application. (VSA,Title 32,43113). En accordance with 21 VSA,41378(b) I/We certify,under pains and penalties of perjury,that I/We are in good standing with respect to or in full compliance with a plan to pay any and all contributions or payments in lieu of contributions due to the Department of Employment and Training. If applicant is applying as an Individual• I hereby certify that I/We are not under an obligation to pay child support or that I/We are in good standing with respect to child support or am in full compliance with a plan to pay any and all child support payable under a support order. (VSA,Title 15,4795). Dated at �J P.'(t —.Y in the County of and State of C'. this 2lY4tlay of N tf — . L 20 ►2._ Corporations/CI : ignature of Authorized Agent individuals/Partners(All partners must sign) Laura From: Leslie LeBarron [lel©wittenetal.com] Sent: Tuesday, May 15, 2012 11:38 AM To: Laura Cc: Marshall Witten; Jennifer Richmond Subject: Chipotle Mexican Grill Hi Laura, I am working on the missing pieces from this liquor license application. Sherry Sawyer has just advised that the Health Dept ID is 15336. I am working to determine who will be responsible for attending the Liquor Seminar and making sure that the new General Manager, Kendra Loya, meets with Doug Brent as quickly as possible. Leslie LeBarron Paralegal Witten, Woolmington & Campbell, PC P.O. Box 2748 4900 Main Street Manchester Center VT 05255 Phone: 802-362-2560 (x 212) Fax: 802-362-7109 1 0-1(1061 (Title) Upon being satisfied that the conditions precedent to the granting of this license as provided in Title 7 of the Vermont Statutes Annotated,as amended,have been fully met by the applicant,the commissioners will endorse their recommendation on the back of the applications and transmit both copies to the Liquor Control Board for suitable action thereon, before any license may be granted. For the information of the Liquor Control Board,all applications shall carry the signature of each individual commissioner registering either approval or disapproval. Lease or title must be recorded in town or city before issuance oflicense. irLarepnt, To lla7 Date APPROVED DISAPPROVED • Approved/Disapproved by Board of Control Commissioners of e City or own(circle one)of gt.)i-I; cri, Total Membership JG' members present Attesf;_._.. City or Town Clerk TOWN OR CITY CLERK SHALL MAIL APPLICATION DIRECTLY TO THE DEPARTMENT OF LIQUOR CONTROL, 13 Green Mountain Drive, Montpelier, VT 05602. If application is disapproved, local control commissioners shall notify the applicant by letter. No formal action taken by any agency or authority of any town board of selectmen or city board of aldermen on a first or second class application shall be considered binding except as taken or made at an open public meeting. VSA Title 14312. NOTICE: After local action, all new applications are investigated by the Enforcement and Licensing Division prior to approval/disapproval of the license by the Liquor Control Board. SECTION 5111 AND 5121 OF THE INTERNAL REVENUE CODE OF 1954 REQUIRE EVERY RETAIL DEALER IN ALCOHOLIC BEVERAGES TO FILE A FORM ANNUALLY AND PAY A SPECIAL TAX IN CONNECTION WITH SUCH SALES ACTIVITY. FOR FURTHER INFORMATION,CONTACT: THE BUREAU OF ALCOHOL,TOBACCO&FIREARMS(1 18) (513)684-2979 DEPARTMENT OF THE TREASURY 550 MAIN STREET,CINCINNATI,OH 45202 Please complete and include with your liquor license application Please fill in for Individual, Partners, or Directors Applicant/s Personal Information Legal Name: Address: Date of Birth Place of Birth Sex SS# Legal Name: Address: Date of Birth Place of Birth Sex SS# Legal Name: Address: Date of Birth Place of Birth Sex SS# Legal Name: Address: Date of Birth Place of Birth Sex SS# Legal Name: No Address: Healhoole Associates LP Acadiallee!ly Trust 1311 Memaronedc Avo Suilo 280 While Rama NY 10805 Date of Birth Yes Place of Birth No Sex'"yshToSS# Legal Name: Address: See attached Date of Birth Place of Birth Sex SS# Stockholder's Personal Information: Legal Name: Address:____ Date of Birth Place of Birth Sex SS#South Burlington VT Legal Name: Chipotie Mexican Grill of Colorado,LLC Address: Chipotle Mexican Grill Date of Birth Place of Birth South Burlington VT Sex SS# Legal Name: 1401 Wynkoop Street,Suite 500 Denver CO 80202 Address: Date of Birth Place of Birth _Sex SS# _ • Attach additional sheet if necessary WITTEN, WOOLMINGTON&CAMPBELL,P.C. ATTORNEYS AT LAW R.Marshall Witten rmw@wittenetal.com wittenetal.com Direct Dial:802.362.4792 March 23, 2012 Donna Kinville, City Clerk 575 Dorset Street South Burlington, VT 05403 Re: Liquor License Application for Chipotle Mexican Grill of Colorado, LLC Dear Ms. Kinville: Enclosed please find additional Motor vehicle records information with regard to Matthew Steven Ells and Montgomery Moran which I received after I sent the packet to you on Friday. At any time, please let me know if you need additional information. Thank you for your assistance in this matter. Sincerely, R. Ma shall Witten Enc. cc: Kim Oganesyan • R.MARSHALL WITTEN ROBERT E.WOOLMINGTON EDGAR T.CAMPBELL AMY L.KLINGLER PATRICK.1.BERNAL 4900 MAIN STREET P.O.BOX 2748 MANCHESTER CENTER,VT 05255-2748 802.362.2560 TELECOPIER 802.362.7109 By Appointment:204 UNION STREET BENNINGTON,VT Driver Safety - Motor Vehicle Report & Driver Profile Received:03/23/2012 Lessee: OB99 Division: Driver Name:ELLS,MATTHEW STEVEN Employee ID#:0124 Requested By:CHIPMG DRIVER INFORMATION 92 JANE STREET State: NEW YORK Start Date:03/23/2012 License No: 445769458 DOB: 09/12/65 Sex: M Height: 0511 Weight: Employee IN:0124 Driver Number: 0124 Eyes: BLUE Hair: Requested/Also Known As DRIVER LICENSE INFORMATION Class Issued Expires Status Restrictions PERSONAL-0 09/12/2013 VALID CORRECTIVE LENSES MISCELLANEOUS/STATE SPECIFIC INFORMATION CORRECTIVE LENSES VALID DRIVING RECORD INFORMATION VµwV Type V/S Date C/R Date Description Order Date Clear End Date SUSPEN 10/21/90 FAILED TO ANSWER SUMMONS 02/02/09 End Of Driver Records DAC PROVIDED STANDARD VIOLATIONS CODE,'+DAC CONTINUATION CODE RELATED DRIVERS No Related Drivers MOTOR VEHICLE REPORT INFORMATION Violation Violation ARI Date Code Accidents Violations Violation Description Points 03/23/2012 000 0 0 No violations reported within Year(s) 0 of request Totals: 0 0 Rating: 0 https://ariinsights.arifleet.corn/AriAccessWeb/WebForms/Details/DriverSafetyMVRAndD... 3/23/2012 Driver Safety - Motor Vehicle Report & Driver Profile f Received:03/23/2012 Lessee: 0B99 Division:01 Driver Name;MORAN,MONTGOMF_RY Employee ID#;051028 FREDERICK Requested By:CHIPMG DRIVER INFORMATION 7705 FAIRVIEW RD State: COLORADO Start Date:03/23/2012 License No: 963650360 DOB: 08/12/66 Sex: M Height: 0604 Weight:200 Employee ID#:051028 Driver Number: 051028 Eyes: GREEN Hair: BROWN Requested/Also Known As DRIVER LICENSE INFORMATION Class Issued Expires Status Restrictions PERSONAL- ASM/25/201112:00:00 08/12/2016 VALID - MISCELLANEOUS/STATE SPECIFIC INFORMATION VALID EXPIRED DRIVING RECORD INFORMATION i , ‘, Type V/S Date C/R Date Description Order Date Clear End Datq VIOL 08/22/07 08/31/07 DEFECTIVE HEADLAMPS VIOL 08/24/07 09/14/07 DROVE A DEFECTIVE OR UNSAFE VEHICLE VIOL 02/24/08 02/29/08 SPEEDING-10-19 OVER LIMIT VIOL 03/11/08 03/21/08 SPEEDING-10-19 OVER LIMIT iVIOL 10/19/08 04/10/09 SPEEDING-10-19 OVER LIMIT VIOL 04/09/09 04/17/09 DROVE A DEFECTIVE OR UNSAFE VEHICLE VIOL 09/07/09 09/15/09 DROVE A DEFECTIVE OR UNSAFE VEHICLE End Of Driver Records DAC PROVIDED STANDARD VIOLATIONS CODE,'+DAC CONTINUATION CODE RELATED DRIVERS No Related Drivers MOTOR VEHICLE REPORT INFORMATION Violation Violation i fil Date code Accidents Violations Violation Description Points 04/09J2009 021 0 1 Vehicle equipment failure or misuse(vehicle 2 moving) 09/07/2009 021 0 1 Vehicle equipment failure or misuse(vehicle moving) 2 Totals: _ 0 2 Rating: 4 I https://ariinsights.arifleet.com/AriAccessWeb/WebForms/Details/DriverSafetyMVRAndD... 3/23/2012 Officers of Chipotle Mexican Grill of Colorado, LLC Legal Name: Matthew Steven Ells: Address: 92 Jane Street,New York,NY 10014 Place of Birth:Indianapolis IN Date of Birth: 9/12/65 Sex: Male SS#: 523-27-9603 Legal Name: Montgomery F. Moran Address: 7705 Fairview Road, Boulder CO 80303 Place of Birth:Newport RI Date of Birth: 8/12/66 Sex: Male SS#: 524-33-6476 PHH InterActive - MVR Results Page 1 of 2 • ¢Ite, Home I Extended Search I Contact Us{ Help I Logo "'� Search Client Vehicle/Driver LIVehicles Drivers Service Cards Billing and Reporting Personalize sat Captur. Drivers/Motor Vehicle Records/View MVR Results/MVR Results MVR Results ABOUT THIS SCREEN `v"f Client: 1843:CHIPOTLE MEXICAN GRILL, Breakdown: 02-00-9999-7635- INC. 110 Driver ELLS,STEVE Driver's License 445769458 Driver's License NY Name: Number: State/Province: MVR Request Type: Individual Driver Request Name/Address Information MVR Driver Information ELLS,MATTHEW STEVEN Relationship and Related To Breakdown State/Province Vehicle Number Received Date EMPLOYEE 02-00-9999-7635-110 NY 08001 16 Sep 2009 Related Drivers Driver Name Action Personal Data DOB Sex Height Weight Eye Color Hair Color AKA 12 Sep 1965 M License Information Class Issued Expires Status Restrictions D-PERSONAL 12 Sep 2013 VALID CORRECTIVE LENSES Miscellaneous State/Province Information NAME ON LICENSE/ID: ELLS MATTHEW,STEVEN RECIPROCITY ON:03/18/2009 FROM CO ORDER LICENSE#:445769458 TYPE OF MVR ORDERED: STANDARD BEFORE TAKING ADVERSE ACTION IN AN EMPLOYMENT DECISION BASED ON THIS REPORT,THE FCRA REQUIRES YOU TO PROVIDE THE CONSUMER WITH A COPY OF THE CONSUMER REPORT,ALONG WITH A WRITTEN DESCRIPTION OF THE CONSUMER'S RIGHTS UNDER THE FCRA. PHH HAS PROVIDED YOUR COMPANY WITH COPIES OF THE CONSUMER RIGHTS STATEMENTS FOR THIS PURPOSE. Violation Information Type Vio/Susp Date Conv/Reinst Description Points Date SUSP 21 Oct 1990 02 Feb 2009 FLD ANSWER SUMMONS CASE It:T691918 COURT:HYDE PARK Standard Violations Vlo/Susp Date Description Customer Code 21 Oct 1990 SUSPENSION FTA FOR TRIAL OR COURT https://interactive.phh.corn/index.cfm?fuseaction=comCompMVRDriver.displayMvrResults&resultsId=@... 9/17/2009 PHH InterActive - MVR Results Page 2 of 2 Motor Vehicle Records(MVRs)are considered Consumer Reports as defined under the Federal Fair Credit Reporting Act.When you,as an employer,use an MVR In making an employment decision,you are considered a User of Consumer Reports under the FCRA. For complete information on the FCRA,please click on our link to the Federal Trade Commission website.Accordingly,a copy of the Summary of Rights must be attached to any printed copy of an MVR given to the employee.For easy reference,your responsibility as a User of MVRs is further explained in our Nc?tfc.e.to_Users of_Consuzner Reports. What else would you like to do? » Return to MVR Driver Click on the link to go to the driver MVR detail View US Privacy Policy View Canadian Privacy Policy View Terms and Conditions Copyright 2009 PHH Arval,A PHH Corporation Company https://interaetive.phh.con-t/index.cfm?fuseaction=eomCompMVRDriver.displayMvrResults&resultsId=@... 9/17/2009 PHH lnterActive - MVR Results Page 1 of 2 . .___.._.._...........__....... y °{ Hone I Extended Search I Contact Hs( I'e'p C Logo In, ' ,t' e. r. At.ov e: a ! e . . . r€ *:''''' 1 `s .,, lfi, Search Client ;II 'Vehicle/Driver Vehicles Drivers Service Cards Billing and Reporting Personalize it Captur Drivers/Motor Vehicle Records/View MYR Results/MVR Results MVR Results ABOUT THIS SCREEN Ghent 1843:CHIPOTLE MEXICAN GRILL, Breakdown: 02-00-9999-7635- INC_ 120 Driver MORAN, MONTGOMERY Driver's License 963650360 Driver's License CO Name: Number: State/Province: MVR Request Type: Individual Driver Request Name/Address Information MVR Driver Information MORAN, MONTGOMERY Relationship and Related Breakdown State/Province Vehicle Received FREDERICK To Number Date EMPLOYEE 020 0 9999-7635 CO 15 Sep 2009 Related Drivers Driver Name Action Personal Data DOB Sex Height Weight Eye Color Hair Color AKA 12 Aug 1966 M License Information Class Issued Expires Status Restrictions -PERSONAL 10 Sep 2001 12 Aug 2011 VALID Miscellaneous State/Province Information PREV LICD STATE:CA PREV LIC if:A5625597 ORDER LICENSE it:963650360 TYPE OF MVR ORDERED:STANDARD BEFORE TAKING ADVERSE ACTION IN AN EMPLOYMENT DECISION BASED ON THIS REPORT, THE FCRA REQUIRES YOU TO PROVIDE THE CONSUMER WITH A COPY OF THE CONSUMER REPORT,ALONG WITH A WRITTEN DESCRIPTION OF THE CONSUMER'S RIGHTS UNDER THE FCRA. PHH HAS PROVIDED YOUR COMPANY WITH COPIES OF THE CONSUMER RIGHTS STATEMENTS FOR THIS PURPOSE. Violation Information Type Vio/Susp Date Conv/Reinst Description Points Date VIOL 09 Apr 2009 17 Apr 2009 DEFECTIVE OR UNSAFE VEHICLE 2 ANSI/ACD CODE: F66 COURT:DENVER CASE#: B931600 VIOL 19 Oct 2008 10 Apr 2009 SPEEDING-10-19 OVER LIMIT 4 ANSI/ACD CODE:S61 COURT: LAFAYETTE CASE If: 19166 https://interactive.phh_com/index.cfm?fuseaction=comCompMVRDriver.displayMvrResults&resultsld=@... 9/17/2009 PHH InterActive - MVR Results Page 2 of 2 VIOL 11 Mar 2008 21 Mar 2008 SPEEDING- 10-19 OVER LIMIT 2 ANSI/ACD CODE: S61 COURT: ARAPAHOE CASE#: 3150752 VIOL 24 Feb 2008 29 Feb 2008 SPEEDING - 10-19 OVER LIMIT 2 ANSI/ACD CODE:S61 COURT:JEFFERSON CASE#:3143569 VIOL 24 Aug 2007 14 Sep 2007 DEFECTIVE OR UNSAFE VEHICLE 2 ANSI/ACD CODE: F66 COURT: LAFAYETTE CASE#: 14373 VIOL 22 Aug 2007 31 Aug 2007 DEFECTIVE HEADLAMPS 1 ANSI/ACD CODE: E34 COURT:CENTENNIAL CASE#: M058047 VIOL 09 Feb 2003 14 Feb 2003 DEFECTIVE OR UNSAFE VEHICLE 2 ANSI/ACD CODE: F66 COURT: DENVER CASE it:A613993 Standard Violations Vlo/Susp Date Description Customer Code 09 Feb 2003 UNSAFE CONDITION OF VEHICLE 22 Aug 2007 DEF/IMPR/INADEQUATE LIGHTS 24 Aug 2007 UNSAFE CONDITION OF VEHICLE 24 Feb 2008 SPEEDING 10+OVER THE LIMIT 11 Mar 2008 SPEEDING 10+OVER THE LIMIT 19 Oct 2008 SPEEDING 10+OVER THE LIMIT 09 Apr 2009 UNSAFE CONDITION OF VEHICLE Motor Vehicle Records(MVRs)are considered Consumer Reports as defined under the Federal Fair Credit Reporting Act.When you,as an employer,use an MVR in making an employment decision,you are considered a User of Consumer Reports under the FCRA.For complete information on the FCRA,please click on our link to the EQderetTrade_Comr€rissfon website.Accordingly,a copy of the Summary of Il ghis must be attached to any printed copy of an MVR given to the employee.For easy reference,your responsibility as a User of MVRs is further explained in our Notice to t1'.$ers ref Cc.rmrrier Reports, What else would you like to do? » Return to MVR Driver Click on the link to go to the driver MVR detail VGew US Privacy Policy View Canadian Privacy Policy View Terms and Conditions Copyright 2009 PHH Arval, A PHH Corporation Company https://interactive.phh.com/index.cfm?fuseaction=comCompMVRDriver.displayMvrResults&resultsId=@... 9/17/2009 rCity Burlington � of South 41 00 City Clerk's Office ;, Donna Kinville, City Clerk FIRST, SECOND CLASS AND CABARET LICENSE APPLICATION FULL NAME OF PERSON, PARTNERSHIP, CORPORATION Cvp©wel/ boW 6ovr , lti DOING BUSINESS AS/ TRADENAME quarrr All GlU,: ADDRESS ?D Oa rr li // r‘ i , FIRST CLASS SECOND CLASS CABARET DATE RECEIVED BY CLERK'S OFFICE 11117 _1a___ SO. BURLINGTON POLICE DEPT //�,'/ / Chief Trey S. Whipple Date C BU INGT IRE DEPT i-7/7 4 7 Chief Douglas S. Brent Date SO. BURLINGTON TAX DEPT �ia"( ` 1 T 7� 5 ,3/1 //�f Mar ha Lyons, Deput!y"Tax Collector Date sent to Montpelier: i • 2012 LIQUOR LICENSE RENEWAL APPLICATION 1749-001-1RST-01 FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 1 Fee: , $200.00 of which License Year Beginning May 1, 2012 ending April 30, 2013 $100.00 is paid to town/city $100.00 is paid to DLC Town: 04065 - SOUTH BURLINGTON MISREPRESENTATION OF A MATERIAL FACT ON ANY LICENSE APPLICATION SHALL BE GROUNDS FOR SUSPENSION OR REVOCATION OF THE LICENSE, AFTER NOTICE AND HEARING Applicant: Review all of the information presented on this form, indicating any changes in the spaces provided. Applicant: Cupola Golf Course, Inc. Doing Business As: Quarry Hill Club Mailing Address: 270 Quarry Hill Road 270 Quarry Hill Road South Burlington VT 05403 South Burlington VT 05403 Telephone: (802) 00 rd. �' ) IPLEASE INCLUDE EMAILMAIL ADDRESS: /u hecit o(,un , Description of Premises: Premises: XX Owned Leased Restaurant on the 1st floor of a 1 story wood frame building situated within the confines of the Old Stone Quarry, on the former Cupola Golf Course property, designated as 360 Spear St., in the City of South Burlington, VT. Last Enforcement Seminar: 05/18/2010 Fed. ID Number: 03-0215041 Incorporation Date: 01/01/1963 Valid Charter?: Yes State of Charter: Vermont Majority of Directors are US Citizens: Yes ATTACH AN ADDITIONAL SHEET TO THIS APPLICATION NOTING ANY NECESSARY CORRECTIONS OR CHANGES AND UPDATES THAT HAVE OCCURRED DURING THE PAST YEAR. Corporation Name Address Town/City State Zip Code Director 1. DesLauriers, Ruth 2543 East Main Street Richmond VT 05477 Director 2. DesLauriers, Ralph 2543 East Main Street Richmond VT 05477 Director 3. DesLauriers, Ed 370 Maple Street, Apt E Burlington VT 05401 Director 4. DesLauriers, Ruth E 284 Hubbard Stamford CT Director 5. Smullen, Christina 4 Sebring Road South Burlington VT 05403 Director 6. Smullen, Jim 4 Sebring Road South Burlington VT 05403 Stockholder 7. DesLauriers, Ruth 2543 East Main Street Richmond VT 05477 Stockholder 8. DesLauriers, Ralph 2543 East Main Street Richmond VT 05477 Stockholder 9. DesLauriers, Ed 370 Maple Street, Apt E Burlington VT 05401 Stockholder 10. DesLauriers, Ruth E 284 Hubbard Stamford CT Stockholder 11. Smullen, Christina 4 Sebring Road South Burlington VT 05403 Additional stockholders are on file Has any director or stockholder been convicted or pleaded guilty to any crittne or motor vehicle offense in any court of law (including traffic tickets by mail) during the last year? Yes If yes, please attach the following information: Individual's name, court/traffic bureau, offense and date In the past year has any director or stockholder of the corporation held any electi or appointive state, county, city, village or town office in Vermont (See VSA, T.7, Ch.9, Sec. 223)? Yes t NNo If yes, please attach the following information: Individual's name, office and jurisdiction Vt. Dept. of Health Food License No.: 961 Expiration Date: ?? Vt. Dept. of Health Lodging No.: Expiration Date: Vt. Tax Dept. Meals & Rooms Cert./Acct. No.: 08727 Important: Current food and/or lodging license expiration dates are required for license renewal (as applicable) . Outside Consumption Permit?: XX Yes No / Are there any changes to this Outside Consumption area?: Yes VNo (If yes, attach necessary information) Covered deck, sixteen by ninety feet, and pool side. Physical harrier around the area is ten foot high fence. Disclosure of Non-profit Organization?: Yes XX No ALL APPLICANTS MUST COMPLETE AND SIGN The applicant understands and agrees that the Liquor Control Board may obtain criminal history record information from State and Federal record repositories. Continued on next page 2012 LIQUOR LICENSE RENEWAL APPLICATION 1749-001-1RST-01 FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 2 I/We hereby certify, under the pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan approved by the Ca missioner of Taxes to pay any and all taxes due the State of Vermont as of the date of this application. (VSA, Title 32, Section 3113) I/We hereby certify that I/We are not under an obligation to pay child support or that I/We are in good standing with respect to child support or are in full compliance with a plan to pay any and all child support payable under a support order. (VSA, Title 15, Section 795) In accordance with 21 VSA, Section 1378(b), I/We certify, under pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan to pay any and all contributions or payments in lieu of contributions due to the Department of Employment and Training. I/We have registered the trade name of these premises with the Secretary of State. I/We hereby certify that the information in this application is true and complete. 7 �,r Dated at 5 Q w c2 , in the county of 0 h i J'1Qij /) , and State of aMiptIr this W.__day of Signature of uthorized agent Signature of individual or partners of corporation, y, cl or association 'ffoctIP t V,t4 i I�4 t,Pki- E. s -Av`. errs frts t Ate. (Title) Are you making this application for the benefit of any other party? Yes ✓No Upon being satisfied that the conditions precedent to the granting of this license as provided in Title 7 of the Vermont Statutes Annotated, as amended, have been fully met by the applicant, the commissioners will endorse their recommendation on the back of the application and transmit it to the Liquor Control Board for suitable action thereon, before any license may be granted. For the information of the Liquor Control Control Board, all applications shall carry the signature of each individual commissioner registering either approval or disapproval. Lease or title must be recorded in town or city before issuance of license. APPROVED DISAPPROVED Approved by Board of Control Commissioners of the City or Town tip_ -SL C. . }}e� Total Membership 5 , .5 mamdoers present Atte ,H � i '""6'I"bwn Clerk TOWN OR CITY CLERK SHALL MAIL APPROVED RENEWAL DIRECTLY TO: DEPARTMENT OF LIQUOR CONTROL 13 GREEN MOUNTAIN DRIVE MONTPELIER, VT 05602 If application is disapproved, loaf control commissioners shall notify the applicant by letter. No formal action taken by any agency or authority of any town board of selectmen or city board of aldermen on a first or second class license application shall be considered binding except as taken or made at an open public meeting. VSA T-1,Sec.312 'Laura From: Trevor Whipple [twhipple@sbpdvt.org] Sent: Thursday, May 17, 2012 3:46 PM To: Laura Subject: RE: Quarry Hill Approved. 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: Laura [mailto:Ikimball@&sburl.com] Sent: Thursday, May 17, 2012 3:37 PM To: Trevor Whipple; Doug Brent Subject: Quarry Hill Doug-this just came in and Trevor-Let me know if there are any issues with this license. Thanks- Laura 0 xart 4.4 Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 lkimball@sburl.com i CITY COUNCIL 23 APRIL 2012 The South Burlington City Council held a regular meeting on Monday, 23 April 2012, at 7:00 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; M. Lang, B. • Stuono 1. Executive Session Ms. Riehle moved the Council meet in executive session to discuss personnel, contract negotiations and litigation. Mr. Engels seconded. Motion passed unanimously. Following the executive session, Ms. Riehle moved that the Council exit executive session. Ms. Dooley seconded. Motion passed unanimously. 1. Agenda Review: Ms. Greco asked to add an appointment of an alternate to the ECOS Committee and to CCTV. 2. Comments & Questions from the Audience, not related to agenda items: Ms. Lang said she lives a mile from the Sheraton Parking lot. Though she is not a South Burlington resident, she does all her shopping in South Burlington and uses the Community Library. She is concerned with the "intercept" facility that is being discussed for the Sheraton parking lot. She asked that South Burlington not become known for"parking lots and parking buildings." Mr. Stuono referred to the recently released Environmental Impact Study of the potential for F-35's at the South Burlington Airport. He noted that the 65 decibel line would become substantially larger than the Airport had originally indicated and would encompass the entire Chamberlin district, the school, and Mayfair Park. That could make that entire area unsuitable for homes, an area that now has about 1000 homes. Ms. Dooley said she doesn't know all the details, but she went to the "intercept" meeting, and Bob McEwing said the line the Airport has been using is not correct. Mr. Stuono also noted that he had heard that the F-16's had larger, louder engines put in a few years ago. He would like to know if that is true. Ms. Greco said she got a call from the Airport people who said there were mistakes made in the studies. CITY COUNCIL 23 APRIL 2012 PAGE 2 3. Announcements & City Manager's Report: Mr. Miller: The VLCT Board meeting was held on Thursday. He is now the Vice Chair of the Quality of Life Committee. The City has also received an invitation from VLCT to participate in a pilot program aimed at reducing the likelihood of financial mismanagement of funds. Part of the program may include discounts on insurance for communities who do well on a check list. Ms. Riehle: Had lunch with Deb Ingram, Director of the Vermont Interfaith Agency who offered good ideas about contracts regarding housing. She felt they could be a good resource. Ms. Dooley: Attended the Regional Planning Commission meeting last week. There will be a public hearing on their work plan for the coming year. Also attended the public meeting on the "intercept" facility. About 100 people attended, at least half of whom were students. It is early in the process, but there is already concern about the impact on East Avenue. One feeling is that they should be getting people out of their cars closer to where they live, not to their destination. Ms. Riehle said Deb Ingram told her that Williston is working on creating another park and ride facility. It may or may not affect an "intercept" facility. Ms. Greco: Attended an Airport meeting and got an overview and tour. She has agreed to meet regularly with the new head of the Burlington City Council. She and Ms. Riehle will be meeting with the Chair and Vice Chair of the Planning Commission regarding the Comprehensive Plan. Mr. Engels: Asked the status of the list of priorities the Council established. Mr. Miller said the next step is a matrix with costs, etc., if there are no changes to what was circulated to the Council. 4. Consent Agenda: There were no items on the Consent Agenda. 5. Discuss What Information the Councilors would like to have regarding reviewing site plans, and when/how Councilors want to receive this information: CITY COUNCIL 23 APRIL 2012 PAGE 3 Mr. Miller distributed a sample site plan and accompanying staff notes. He noted that there are different criteria for Interim Zoning than for DRB review of a plan. He asked if the Council is comfortable reviewing what is on a site plan; if not, staff can provide some training. All members indicated they would like to come in for some training. They agreed to come in for a special 5 p.m. meeting next Monday for training. 6. Review and discuss the plans for the Interim Zoning hearings scheduled for 30 April, 4 May and beyond, including how Councilors and Staff should respond to inquiries about projects which are, or may be, before the City Council because of Interim Zoning: Mr. Miller said the Council will probably want to continue IZ applications, not close the hearings, because of time constraints. A decision must be reached within 45 days of closing a hearing. Mr. Rusten then reviewed the current schedule as follows: 30 April - 2 IZ hearings 7 May - Regular meeting 14 May - 2 IZ hearings 21 May- Regular Meeting 4 June - Regular Meeting 11 June - 2 IZ hearings Mr. Miller reminded Councilors that they are also trying to schedule a meeting with the Library Board of Trustees and have to set a time to deliberate on the necessity of the Route 2 project. Members agreed to hear the 2 IZ applications on 30 April, followed by a deliberative session, either in private or public. Mr. Miller said that there won't be a decision following the deliberation as staff will have to have time to draft the decision. Later, Council members may want to ask staff to come with a draft decision. Members noted that the hearing on the F-35s EIS is on 14 May, which is a scheduled Council meeting. They agreed to meet from 4-6 p.m. so they can attend the EIS hearing at 6 p.m. Members then considered how to deal with public contact regarding IZ applications. Mr. Miller said Councilors cannot comment on applications that will be before them as they • CITY COUNCIL 23 APRIL 2012 PAGE 4 will be serving in a quasi-judicial capacity. Mr. Rusten questioned whether a Council member should even read a message or respond to a phone message. This is ex parte communication. Ms. Greco asked what to do if she hears a voice mail message. Mr. Stuono said on the DRB, they typically ignore it. Ms. Greco asked about e-mail. Mr. Miller said a member should disclose to other members the receipt of an e-mail but not it's content. He also noted that another problem could be created if a Council member doesn't return a call. A citizen may feel he/she is being ignored. Mr. Stuono said that is why DRB members don't have their phone numbers or e-mail addresses on the website. Other Business: Ms. Greco noted that Ms. Dooley had been the alternate to ECOS and wants to give up this position. Ms. Dooley moved that Ms. Greco be the ECOS alternate. Ms. Mackenzie seconded. Motion passed unanimously. Ms. Greco then moved that Ms. Mackenzie replace Mr. Engels as alternate to the CCTV Board. Ms. Dooley seconded. Motion passed unanimously. Ms. Dooley then moved to adjourn. Ms. Riehle seconded. Motion passed unanimously. The meeting adjourned at 6:50 p.m. Clerk SOUTH BURLINGTON CITY COUNCIL AGREED-UPON PROCEDURES MAY 2012 To assist in accomplishing City business, we agree to the following guidelines. A. Regarding City Councilor conduct at City meetings,we will 1. Raise our hands and wait to be acknowledge by the Chair 2. Not interrupt whomever is speaking 3. Refrain from side conversations and remarks 4. Speak only once on a topic until all other Councilors have had the opportunity to speak 5. Use motions, and seconds for all action items prior to voting 6. Empower the Chair to rule on all procedural matters unless over-ruled by a majority of the Council 7. Make all decisions by majority vote 8. Refrain from using cell phones (voice or text) during meetings B. Regarding City Councilor conduct outside of meetings, we will 1. Maintain confidentiality on all matters discussed in executive session 2. Contact the City Manager and Deputy City Manager only on matters needing clarification 3. Refrain from contacting other City staff 4. Refrain from tasking any City staffer, including the City Manager and Deputy (tasking of the CM and DCM is done only by majority vote) 5. Refrain from contacting any appointed officials to include, the City attorneys and auditors C. Regarding City Council Agendas, 1. The Chair and City Manager prepare it 2. At the end of each meeting, Councilors may suggest items for subsequent meetings. These will be placed on a subsequent agenda provided that they are approved by a majority of the Council 3. No new items will be introduced or added to the agenda on the day of the meeting (unless they are urgent and time sensitive) 4. Written copies of any issue/proposal/resolution, etc., will be provided to each Councilor at least a day in advance of the meeting D. Regarding the location of meetings 1. City Council meetings will continue to be held in City Hall 2. Town forums—not City Council meetings—will be held at area schools on area-relevant topics E. Regarding public participation guidelines at City meetings (see attached) F. Regarding the relationship to City boards, commissions, committees, liaisons 1. Joint sessions with the Development Review Board should occur annually 2. Joint sessions with the Planning Commission should occur at least semi- annually 3. Representatives of these groups are expected to be present at City Council meetings when items in their area are discussed 4. Annual written reports are required from all City appointed groups 5. Routine attendance at City Council meetings are expected from all appointed liaisons and representatives 6. The current appointment process/criteria/qualifications will be evaluated during the next appointment cycle G. Regarding interacting with the media, responding to residents, and the use of social media 1. The City Manager or the Chair will be our official spokespersons with the media and residents 2. The use of print and social media will be discussed as part of our communications priority H. Regarding the evaluation of the City Manager • We will develop a process and time frame I. Regarding fiscal responsibility • We will make every effort to have money budgeted before authorizing expenditures CITY OF SOUTH BURLINGTON CITY COUNCIL 2012 PRIORITY TASKS INTERIM ZONING/COMPREHENSIVE PLAN ,n Hire consultants B. Develop request for proposals for agriculture and affordable housing component C. Hire and train staff D. Augment staff with outside resources E. Seek grant funding F. Adopt tax incremental financing plan G. Adopt concept plan for Market Street H. Meet with planning commission on comprehensive plan I. Decide on steering committee J. Generate public input K. Rewrite the LDR L. Start processing applications for interim zoning permits M. Transportation demand management District? N. Determine the public facilities to be located in the 'Ill, district CITY OF SOUTH BURLINGTON CITY COUNCIL 2012 PRIORITY TASKS II. COMPREHENSIVE COMMUNICATIONS IMPROVEMENTS 6 Customer Relations e Website • Social Networking • Information Technology Equipment/Softi. rare/Staffing/Support e CCTV o Responding to Residents' Concerns A. Develop and adopt IT system use policies B. Develop and adopt a 3-5-year IT capital plan C. Develop and implement improved system of responding to inquiries from the public and the media D. Work with Other Paper to improve communications with residents F. Develop a communications plan including consideration of branding and a uniform look and message CITY OF SOUTH BURLINGTON CITY COUNCIL 2012 PRIORITY TASKS III. TRAFFIC AND CONGESTION A. Complete Streets B. Bike Path Connections C. Conduct Shelburne Road corridor study 1D. Conduct public meeting on complete streets concept l . Work on 1-89 Exits 12B, 13, 14B F. Intermodal transportation facility G. Hear from Recreation Path Committee on bike path issues H. Make decision on complete streets 1. Update/adopt official city map I. Determine overall city transportation strategy IV. CODE ENFORCEMENT Research potential codes to adopt B. Understand the City's range of authority in code enforcement C. Determine what would be required for City resources for any code enforcement initiative to be considered for adoption V. TRAFFIC AND OTHER ORDINANCES A. Updating of ordinances B. Consider a littering ordinance C. Consider codifying ordinances VI. LIBRARIES A. Discuss governance with trustees CITY OF SOUTH BURLINGTON CITY COUNCIL 2012 PRIORITY TASKS VII. RAILROAD CROSSINGS A. Determine what the City might do B. Determine what the City can do C. Determine what the City is/will he obligated to do e ��• 10 City of South Burlington 0�®® City Clerk's Office vo,E Donna Kinville, City Clerk C.--SPECIAL EVENT ENTERTAINMENT) OR CATERING PERMIT FULL NAME OF PERSON, PARTNERSHIP OR CORPORATION: Go i iGa,-Go ceerrao,, CONTACT PHONE NUMBER OR E-MAIL: 0'4 ADDRESS: .A13gcu)4 'a.,1q3-7rte DATE RECEIVED BY CLERK'S OFFICE: I POLICE APPROVED: , DATE: 5 .110 'FIRE APPROVED:APPROVED: , DATE: ✓ ZONING APPROVED: , DATE: RECREATION APPROVED: DATE: if HIGHWAY/HEALTH DEPT APPROVED: DATE: �' //0 • /0--- CITY COUNCIL DATE: Q DATE SENT TO MONTPELIER: STATE OF VERMONT DEPARTMENT OF LIQUOR CONTROL 13 Green Mountain Drive Montpelier,VT 05602 APPLICATION FOR SPECIAL EVENT PERMIT Fee: $25.00 Check payable to Vermont Department of Liquor Control must accompany this application Licensee name Co AtvtPircgls, fb)ekickjeS d/b/a 'Wa'Z ° �V�lrSL° Y I Address: � tci`�1— U9i� i t Town/City: rel6 ark Zip C$ 77C Manufacturer's License No: \t-r- VS00(o Email: ArklAv ccu V`A4* fJy C 1. Describe the special event: \ I 6,,,,51„0.)) Coo k ce G "op\ 2. Location(specify defined area, include address of event): G-) �Q urn KA- 64 koottty\ G.g�� L ,t otek 1 u6t CU e_ 64er \ANhierk `J 3. Date of event: b5/23 l 'z 4. Hours of operation: Beginning Ending .1f1\ Signed: Date 05ie ur (circle one) APPROVED DISAPPROVED Town/City Clerk signature Town/City Date Vermont Liquor Control Board: APPROVED DISAPPROVED (authorized agent) (date) Entertainment License Application 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: Pecor, Laurie [Laurie.Pecor@state.vt.us] Sent: Tuesday, May 15, 2012 11:05 AM To: Laura Subject: RE: special event/Sheraton Importance: High D 0���//// Hi Laura Legislature changed the law which allows Vermont Manufacturers to hold special events and serve alcohol on licensed premises last year. Laurie Pecor Licensing Vermont Department of Liquor Control Office: 802-828-2339 Fax: 802-828-1031 From: Laura [mailto:lkimball@sburl.com] Sent: Tuesday, May 15, 2012 11:02 AM I I k� To: Pecor, Laurie Subject: special event/Sheraton 6P)e) n Hi Laurie- I received a special event permit from a business in Shoreham, Vt to do an event @ the Sheraton. (attached) looks like they will be serving inside the restaurant. Seems to me awhile ago there was a similar situation where they were denied because the Sheraton already has a first class liquor license. Would this be the same situation? Thanks for any input. Laura r! mees Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street • South Burlington,Vt. 05403 Ikimball@sburl.com i Laura From: ray Sent: Wednesday, May 16, 2012 10:31 AM To: Laura Subject: RE: Sheraton event No zoning issues. Ray Belair Administrative Officer City of So. Burlington 802-846-4106 From: Laura Sent: Wednesday, May 16, 2012 9:38 AM To: Doug Brent; Trevor Whipple; Justin Rabidoux; ray Subject: Sheraton event Hello all- This is being held at the restaurant (G's) inside the Sheraton on May 23, 2012. Let me know if there are any issues. It used to be that a manufacturer could not hold an event serving alcohol inside a business that had a liquor license already but Legislature changed that law last year. Thanks, Laura • von Aro 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: Wednesday, May 16, 2012 10:19 AM To: Laura Subject: RE: Sheraton event The Whistle Pig Whistle event has my approval! Trevor S.Whipple Chief of Police City of South Burlington 19 Gregory Drive South Burlington,VT 05403 (802)846-4155 twhipple(cilsbpdvt.orq From: Laura [mailto:lkimball@sburl.com] Sent: Wednesday, May 16, 2012 9:38 AM To: Doug Brent; Trevor Whipple; Justin Rabidoux; ray Subject: Sheraton event Hello all- This is being held at the restaurant (G's) inside the Sheraton on May 23, 2012. Let me know if there are any issues. It used to be that a manufacturer could not hold an event serving alcohol inside a business that had a liquor license already but Legislature changed that law last year. Thanks, Laura 3 wait Ago ar • 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, May 16, 2012 12:24 PM To: Laura Subject: RE: Sheraton event OK with me. From: Laura Sent: Wednesday, May 16, 2012 9:38 AM To: Doug Brent; Trevor Whipple; Justin Rabidoux; ray Subject: Sheraton event Hello all- This is being held at the restaurant (G's) inside the Sheraton on May 23, 2012. Let me know if there are any issues. It used to be that a manufacturer could not hold an event serving alcohol inside a business that had a liquor license already but Legislature changed that law last year. Thanks, Laura s, gs- vUg t tupg Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 Ikimball@sburl.com i Laura From: Doug Brent Sent: Thursday, May 17, 2012 10:57 AM To: Laura Subject: RE: Sheraton event Laura - Laura, no problem from fire. Doug From: Laura Sent: Wed 5/16/2012 9:37 AM To: Doug Brent; Trevor Whipple; Justin Rabidoux; ray Subject: Sheraton event Hello all- This is being held at the restaurant (G's) inside the Sheraton on May 23, 2012. Let me know if there are any issues. It used to be that a manufacturer could not hold an event serving alcohol inside a business that had a liquor license already but Legislature changed that law last year. Thanks, Laura 4110 Mel golf 444 Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 lkimball@sburl.com 1 61144 soutnoN; 1 fr f PLANNING & ZONING Interim Zoning Development Review Process (May 18,2012) The South Burlington City Council has adopted the Interim Bylaw addressing certain types of land development within the city. Under State law, an applicant for any land development that is prohibited by the Interim Bylaw may submit an application to the City Council for review and approval. This guide outlines the process and standards for such review: Process for Review of Applications: 1. Informal meeting: All applicants for development review(regardless of size and scope of project) are strongly encouraged to communicate with the Planning&Zoning office prior to submission. Staff is available to discuss review process as well as substantive elements of applications. 2. Submittal of Applications: All applicants for review before the City Council must be submitted to the City's Administrative Officer. The Administrative Officer reviews the application and determines whether it is complete. If complete, City staff, together with the City Council, will then schedule the public hearing required under 24 VSA 4415. Applications for approval by the DRB/Administrative Officer shall follow the same procedure. 3. Order of review. The order in which applicants seek approval from the City Council and DRB/ Administrative Officer is entirely up to the applicant. Staff generally recommends that applicants seek approval from the City Council first,but there are no requirements for such. 4. Decisions: Following the close of their respective public hearings, the City Council and DRB each shall prepare and issue written decisions in accordance with 24 VSA Chapter 117. Approvals Required by City Any project subject to the City's Interim Zoning Bylaw will be required to receive separate approvals from the City Council as an Interim Zoning Conditional Use' and the Development Review Board(DRB)/Administrative Officer as a proposed developmen prior to the issuance of a zoning permit for development. Note: The Administrative Officer cannot issue a zoning permit unless the plans approved by the Development Review Board and City Council are identical in substance. Plans may be considered identical in substance even where plans reviewed and approved by one reviewing body include greater detail than those plans reviewed by the other reviewing body(eg: utility lines, landscaping plans, erosion control plans, grading plans, elevations, etc.)but the plans are otherwise identical. ' As described within the Interim Zoning Bylaw and 24 VSA§4415 2 As required by the South Burlington Land Development Regulations 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com Standards for Review of Interim Zoning Conditional Use Applications The presumption under interim zoning is that the types of development listed in Section III of the Interim Bylaw are prohibited. In order to obtain approval from the City Council as a conditional use, pursuant to Section VI of the Interim Bylaw, the applicant must demonstrate that the proposed development: 1. Overcomes the presumption that such development will or could be contrary to the permanent bylaws that the City ultimately adopts. In making its determination, the Council will use the Purpose statement (Section I) of the Interim Bylaw. An application that fails to overcome the presumption that the proposed development will or could be contrary to the penmanent bylaws that the City ultimately adopts related to this Purpose will be denied. 2. Will not result in an undue adverse effect on the six criteria listed in Section VI of the Interim Bylaw. Applicants are recommended to present all relevant testimony(written or oral) in order for the Council to make such determinations. Submission Requirements of Interim Zoning Conditional Use Applications: 1. Applicants shall submit a completed Interim Zoning Conditional Use Application Form and Fee. 2. Applicants shall submit the same required application materials as for the applicable review before the Development Review Board or Administrative Officer. In the case of a subdivision or planned unit development, all information required for Sketch Plan Review pursuant to Section 15.05 of the Land Development Regulations (LDR) is required. In the case of all other types of applications, the applicable LDR submittals are required. The City Council reserves the right to request and require any additional information it deems necessary to make a determination under 24 V.S.A. §4415(d) and (e), including, without limitation, the information required by Section 15.08 of the LDR for preliminary plat application. 3. Applicants shall submit a written statement explaining how the proposed development will not result in an undue adverse effect on the six criteria listed in Section VI of the Interim Bylaw. 4. Applicants shall submit a written statement explaining how the proposed development overcomes the presumption that it will or could be contrary to any amendments to the Land Development Regulations that the City ultimately adopts that implement the City's goals of: i) the adoption of Form Based Code-style regulations for the Williston Road/Dorset Street/City Center area and possibly other areas of the City ii) support of sustainable agriculture; iii) support of conservation of open space; iv) support of promotion of housing for people of all incomes and stages of life; v) other aspects of the Purpose statement in Section I of Interim Bylaw. For more information, contact the Department of Planning of Zoning at (802) 846-4106. CITY OF SOUTH BURLINGTON CITY COUNCIL RESOLUTION A RESOLUTION ESTABLISHING THE FISCAL 2013 WATER AND SEWER RATES AND THE SEWER CONNECTION FEES WHEREAS, it is necessary for the City of South Burlington to amend its current Water Rates, Sewer Rates and Sewer Connection Fees; and, WHEREAS, a sewer and water user fee is paid by all users of the water and sewer systems based upon their metered water usage; and, WHEREAS, the City has the authority to establish rates to defray costs of planning, design, construction, operations and maintenance of its water system; and, WHEREAS, the total annual Sewer Charges received by all customers shall be sufficient for the payment for the costs of operating, maintaining and repairing the sewer collection system and plant facilities; and, WHEREAS, the City charges every person seeking to expand an existing Sewer capacity allocation or building a facility requiring a new Sewer capacity allocation a Connection Fee; and, WHEREAS, Article VIII, Section 1 of the City of South Burlington Water Ordinance states, "The rates shall be established by resolution at an open meeting of the Legislative Body"; and, WHEREAS, Article IV, Section 1 of the City of South Burlington Sewer and Stormwater Ordinance authorizes the City Council to set an annual Sewer Disposal Charge, and, WHEREAS, Article III, Section 6(e) of the City of South Burlington Sewerage and Stormwater Ordinance authorizes the City to assess Connection Fees; and, WHEREAS, the Fiscal Year 2013 voter-approved budgets for Sewer and Water are based on the increases in the Sewer and Water rates and Sewer Connection fee as proposed herein; and, WHEREAS, the current Water Rate is $24.174 per 1,000 cubic feet of metered flow, the current Sewer Rate is $34.88 per 1,000 cubic feet of metered water flow and the current Sewer Connection Fee is $9.48 per gallon of new or increased daily demand. NOW, THEREFORE, BE IT RESOLVED the South Burlington City Council establishes the Water Rate at $24.856 per 1,000 cubic feet of metered flow, the Sewer Rate at $35.40 per 1,000 cubic feet of metered water flow and the Sewer Connection Fee at $9.76 per gallon of new or increased daily demand. FURTHER, BE IT RESOLVED, the terms of this Resolution shall be effective July 1, 2012. APPROVED this day of May, 2012. SOUTH BURLINGTON CITY COUNCIL Rosanne Greco, Chair Pam Mackenzie, Clerk Helen Riehle, Vice Chair Sandra Dooley Paul Engels Resolution to Create Fueling Station Reserve Fund Whereas, the City Charter, section 13-310 (7) states, "The city council and the school board, by their own actions,may establish reserve funds to pay for public improvements,replacement of equipment,and planned or unplanned operating expenditures.Monies to be deposited in any fund shall be included in a city or school district budget and shall not be excluded in calculating the net cost of operation pursuant to subsection 1309(a)of this chapter.Reserve funds shall be kept in separate accounts and invested in the same manner as other public funds.The city council and the • school board may, from time to time, expend monies in those funds for purposes for which they were established without voter approval."; and, Whereas,the City owns and operates a fueling station at its Department of Public Works Facility at 104 Landfill Road; and, Whereas,the Facility serves both City general fund and enterprise fund activities as well as some external customers such as the School Department and the UVM Ambulance Service; and, Whereas,both the enterprise funds and external customers have paid a surcharge of$0.10 per gallon over and above the actual fuel costs; and, Whereas,this surcharge revenue was to be set aside to pay for future Fuel Station repairs or upgrades; and, Whereas this surcharge has been collected in previous years but seemingly never deposited into a Reserve Fund; and, Whereas in addition to this surcharge the voter-approved Fiscal Year 2012 and 2013 budgets identify an allocation of general fund revenue to the Fueling Station Reserve Fund. Now,Therefore,Be it Resolved, that the City Council hereby confirms the$0.10 per gallon surcharge for the enterprise funds and external customers; and, Furthermore,Be It Resolved, that Council creates a Reserve Fund whose purpose is to fund future Fueling Station repairs and/or upgrades and into which all surcharge and voter-approved general fund revenue will be allocated; and, Furthermore, Be It Resolved, that all money placed in this Reserve Fund shall only be disbursed for the uses identified in this Resolution. Expenditures from the balance of the reserve fund will only be made with the approval of a basic majority of the South Burlington City Council at an officially Warned City Council meeting and recorded in minutes • Dated the 21st day of May, 2012 Dated this day of 2012. City Council Rosanne Greco, Chair Helen Riehle, Vice Chair Pam Mackenzie, Clerk Sandra Dooley Paul Engels Resolution to Create An EMT-P Training Reserve Fund Whereas, the City Charter, section 13-310 (7) states, "The city council and the school board, by their own actions,may establish reserve funds to pay for public improvements,replacement of equipment, and planned or unplanned operating expenditures. Monies to be deposited in any fund shall be included in a city or school district budget and shall not be excluded in calculating the net cost of operation pursuant to subsection 1309(a) of this chapter.Reserve funds shall be kept in separate accounts and invested in the same manner as other public funds.The city council and the school board may, from time to time, expend monies in those funds for purposes for which they were established without voter approval."; and, Whereas,the contract negotiations between the City of South Burlington and the South Burlington Career Firefighters' Association Local 3671,International Association of Firefighters, AFL-CIO 7/1/09 to 6/30/12 revised 1/1/2011 in Article 9 agreed to a reimbursement schedule for an employee who takes the EMT-P training program and either does not finish the course or leaves City employment within 48 months of course completion; and, Whereas, said reimbursement to the City is to be deposited into a fund so that that money will be made available for future EMT-P training for city firefighters; and, Whereas, during the contract negotiations the City Manager offered that if the voters approved an amount of$10,000,that that amount would also be placed into a Reserve Fund to fund future EMT-P training; and, Whereas, in the FY 2012 Budget the voters approved$10,000 to go to Ambulance Reserve Fund- Training; and, Whereas, in the FY 2013 Budget the voters approved $10,000 to go to Ambulance Reserve Fund- Training. Now,Therefore,Be it Resolved, that the City Council hereby creates a Reserve Fund whose purpose is to fund EMT-P training for City of South Burlington Firefighters: and, Furthermore,Be It Resolved,that all money placed is this Reserve Fund shall only be disbursed for the uses identified in this Resolution. Expenditures from the balance of the reserve fund will only be made with the approval of a basic majority of the South Burlington City Council at an officially Warned City Council meeting and recorded in minutes Dated the 21st day of May, 2012 Dated this day of 2012. City Council Rosanne Greco, Chair Helen Riehle, Vice Chair Pam Mackenzie, Clerk Sandra Dooley Paul Engels A Resolution to Document Fringe Benefits for Certain Employees Whereas,the South Burlington City Council has the sole authority to set certain fringe benefits for management, non- represented employees; and, Whereas,the administration can find no documentation that South Burlington City Council has authorized the following fringe benefits for management, non-represented employees: - Clothing allowance. - Supplemental eye care allowance for eyeglass frames. - Partial or full gym or Weight Watchers reimbursement. - Physical fitness stipends. and; Whereas South Burlington City Council has learned that some members of the management, non-represented group of employees were aware of some benefits and others were not; and, Whereas South Burlington City Council deems it appropriate that this group of employees is treated equivalently. Now,Therefore Be It Resolved, that all benefits listed in this Resolution are eliminated for this group of employees and, instead, the following shall apply: 1. All management, non-represented, employees shall receive a reimbursement check in lieu of the specific benefits identified above for$300 once annually, in July of each respective Fiscal Year, except that the City Manager and Deputy (or Assistant) City Manager shall not receive this reimbursement check. 2. The Public Works Director shall be authorized to determine if field supervisors should receive an additional stipend of$300 annually, except that the Public Works Director shall not be eligible to receive this stipend. Dated this 21st day of May 2012: Rosanne Greco, Chair Sandra Dooley Helen Riehle, Vice Chair Paul Engels Pam Mackenzie, Clerk Town Meeting _1TELEVISION 2 May 2012 MEMO TO:South Burlington City Council FROM: Rob Reiber, Channel 17 Coordinator RE: Channel 17 Video Allocation The City of South Burlington is a member of the Chittenden County Government Access Channel Trust. The allocation of member annual video services is based on relative number of cable subscribers.This allocation provides Burlington with 6 meetings/month, South Burlington with 5 and the rest of the members with 3(i.e., Essex, Essex Junction, Winooski, Williston and Colchester). During election season, one meeting is reserved from each community to accommodate election coverage. In summary, South Burlington has access to 59 produced meetings or events each year.Channel 17 employs the October 1 fiscal year to track coverage. Currently, South Burlington uses its allocation to cover regular City Council Meetings (2/month), Special Meetings (1/some months) and DRB Meetings (2/month). Between October 2010 and March 31 2011, South Burlington's allocation breaks down as follows: • Between October 2010-September 2011 South Burlington Stipend was 59 (60- 1 Town Meeting Election Season) - Delivered: 50 • Between October 2011-March 31 2012 S. Burlington Stipend is 29 meetings-Delivered YTD: 27 The decision of"what to cover" rests with the South Burlington City Council and the recommendations of its designees (i.e. representative to the Trustees, City Manager, Planning Director,other municipal leadership). During a recent visit to the South Burlington City Council, Channel 17 was asked to consider covering the Planning Commission meetings. Because the current allocation is consumed by City Council, DRB and special events,this would be "additional coverage".This "additional coverage" can be provided by: • Trained municipal employee or volunteer using Channel 17 equipment(or municipal equipment), or, • Channel 17 staff coverage Channel 17 staff coverage is estimated to cost 9 hours/production time x$85/hour=$765 per meeting or$9180 for annual coverage of two Planning Commission meetings per month. Given the limited resources of the City, the City Council seeks to determine public interest in current meeting coverage to help make a decision about future coverage. To this end, Channel 17 reviewed the web viewer statistics. (Channel 17 is able to provide web viewership, but cable TV audience numbers are not available to us). • Between October 31, 2011 and April 20, 2012 there were 370 views of 35 events (these include City Council meetings that are divided into two parts) • Total viewing time is 358 hours • Average viewing time per meeting is 58 minutes • Highest Viewership: City Council Meeting of 1/17/12 (Part 1) had 52 viewers. • The average number of viewers ranges between 8—25 viewers per event. It is also worth noting that, since October 2011,South Burlington viewers have generated 2800 visits to the Channel 17 website (4%of the site's web traffic). While these results do not provide a complete picture of South Burlington viewership or the value of South Burlington coverage to its citizens, Channel 17 recommends the following: • City of South Burlington increase promotion of the available meeting coverage to its citizens. The Channel 17 widget could be restored to a more prominent location on the South Burlington City website.This provides citizens with immediate links to the most recent South Burlington programming. • Coverage of the Planning Commission meetings can be produced on a trial basis to determine public interest.This can be accomplished through any of the following scenarios (or others): o Reduce DRB by one meeting, selected by the Planning Director o Keep City Council, DRB coverage to 2 meetings/month and choose Planning Commission Meetings as "special coverage", selected based on issues to be covered o Add Planning Commission meetings as a regular event, produced by a trained City staff member or volunteer. Channel 17 can provide training and equipment to support this. We appreciate your ongoing support and commitment to open government. Please let us know how we can assist you further. Please reach me at Rob Reiber, rreiber@cctv.org or 802.862.3966 x13 to discuss further. s UMW) t 1 a t 0 T1 Sanford i.Muter,City Manager ShillEr@stud.cool INVESTMENT POLICY STATEMENT City of South Burlington Retirement Income Plan 5/21/12 S zaard I.PJtili^^>r C;4 tieneyer smiiie r<shari,r,am TABLE OF CONTENTS I. Purpose 1 II. Committee Objective 1 III. Asset Allocation Strategy 1 A. Constraints • Liquidity • Time Horizon • Regulation • Volatility • Risk Tolerance B. Rebalancing IV. Investment Strategy 3 A. Selection B. Monitoring • Watch List • Termination V. Roles and Responsibilities 5 VI. Plan Management 6 VII. Further Guidelines 6 VIII. Adoption of Investment Policy 7 Attachment A: Asset Allocation Strategy 8 Attachment B: Global Portfolio Strategies, Inc. Notation 9 Attachment C: Asset Classes Utilized 10 5/21/12 N s31if9ii?f.MO, CIty smiq]P,?!usb rI.corn I. PURPOSE This Investment Policy Statement ("IPS") has been developed by the City of South Burlington Pension Advisory Committee ("Committee") of the City of South Burlington Retirement Income Plan ("the Plan"), a retirement plan offered by the City of South Burlington ("Plan Sponsor"), to assist the Committee in prudently evaluating investment options and establishing an asset allocation strategy for the Plan. The Plan is a governmental employee benefit plan intended to comply with all applicable federal laws and regulations, including the Internal Revenue Code of 1986, as amended, and all applicable state statutes. Specifically, this IPS: • serves as a management tool to provide the framework within which the Committee recommends to the Pension Administrator the Plan's investment options and asset allocation, • provides a resource for inquiries regarding the investment options and asset allocation strategy for the Plan, • outlines roles and responsibilities, and • provides specific guidelines, but does not eliminate the Committee's ability to adapt to a complex and financial environment. This IPS will be reviewed at least yearly and upon any major change, and, if appropriate, can be amended to reflect changes in the capital markets, objectives, or other factors relevant to the management of the Plan such as changes in Plan or advisory services provider. If the agreement between Prudential and South Burlington terminates, then a new Investment Policy Statement will be written by the PAC. II. COMMITTEE OBJECTIVE The Plan Sponsor maintains the Plan to help provide its employees retirement income and to attract, reward and retain employees. The objective of the Committee is to ensure the security of these benefits. III. ASSET ALLOCATION STRATEGY The Committee's asset allocation strategy is predicated on meeting its objective, as set forth above, with a desire to effectively manage funded status volatility and mitigate undue risk exposure, taking into consideration the outlined constraints below: Constraints Liquidity Assets shall be allocated to provide adequate liquidity for the Plan's disbursements, such as benefit payments and ongoing expenses. The Plan's assets are managed such that all retirement benefits are met as they become due. 1 5/21/12 Sty ; : , t; 414 hanfinru!.MCif";City Masas{ier Time Horizon ier: nn,r c�a The Plan's asset allocation strategy encompasses a desire to achieve fully funded status over a period of time, balancing Plan Sponsor contribution requirements with potential market risks. Plan Sponsor objectives and time horizon may be influenced by alternatives for the Plan (such as terminate the Plan, maintain a fully funded status, etc.). Allocation Assets may be allocated and managed by investing the funds in a manner that uses ERISA's fiduciary standards as a guideline. Those responsibilities include: • Acting solely in the interest of plan participants and their beneficiaries and with the exclusive purpose of providing benefits to them; • Carrying out duties prudently; • Following the plan documents; • Diversifying plan investments; and • Paying only reasonable plan expenses. Risk Tolerance & Volatility The asset allocation strategy was developed with regard to the risk tolerance deemed appropriate by the Committee. The risk tolerance is comprised of financial and other relevant characteristics of the Plan Sponsor, as well as its risk philosophy for pension assets. Certain municipal characteristics may reduce the tolerance for investment return volatility, funded status volatility, and corresponding contribution level- volatility. Cash Flow Analysis/Equity Allocation The asset allocation strategy should incorporate the results of an analysis of assets and emerging liabilities, by projecting a ten-year horizon of expected contributions and disbursements, including benefit payments and expenses. Assets may be suitably matched in time horizon to the projected liabilities. In general, assets freed from near-term liquidity constraints would be available for equity investment. Timing Rebalancing is the periodic adjustment of the portfolio to restore a pre-defined target asset allocation. Rebalancing reviews generally take place quarterly, or at a frequency determined as appropriate by the Pension Advisory Committee, with the following standards as guides: • Debt/ Equity: +/- 3% of target in absolute terms (ex. 60% goal rebalancing transfers should be implemented at 57% and 63%) • Individual Investment Options: +/-25% of target in relative terms (ex. 3%fund target would be rebalanced at 2.25% and 3.75%). Generally, the rebalancing transactions will occur over a period of time to reduce undue market timing risk. 5/21/12 sett " Sanfara I.M.:of Caw Mera;nar sr,ile,t,shirrl corn IV. INVESTMENT STRATEGY Investments shall be selected and monitored in a manner designed to meet the Plan objective. An analysis of plan liabilities, projected liquidity needs and assets will be used in determining the Plan's long-term investment strategy. The Committee intends to utilize a range of investment alternatives to achieve the return and risk objectives of the Plan. Asset classes and their associated benchmarks available to the plan include, but are not limited to options laid out in Attachment C. Selection The Committee will evaluate and recommend investment options for each of the selected asset classes they deem appropriate for the Plan. For any investment option that is part of the Prudential Retirement' Due Diligence Advisor (DDA) Program that provides ongoing due diligence and fund monitoring, the Committee may use the DDA process and ranking system as one of the standards of selection. Generally, the Committee may select funds that are ranked favorably by the DDA process. The investment options selected should meet the following criteria: • be a bank, insurance company or investment management company or an investment adviser registered under the Investment Advisers Act of 1940; • be in good standing with regulators and clients; • have a history of managing the option or a similar option with documented history, typically no less than three years; • demonstrate stability and financial soundness; and • have total net assets in the strategy of a reasonable amount sharing the same portfolio management team and having similar investment objectives and holdings. Assuming the above criteria are met, the particular investment options under consideration should meet the following standards for selection: • performance greater than or within a reasonable range of the median return for an appropriate, style-specific benchmark and/or peer group over a reasonable time period; • specific risk and risk—adjusted return measures within a reasonable range relative to an appropriate, style-specific benchmark and/or peer group; • demonstrate adherence to the stated investment or Plan's objective; • competitive fees compared to similar investments; • 1 Prudential Retirement is a registered service mark of The Prudential Insurance Company of America, Newark, NJ and its affiliates. Securities products and services are offered through Prudential Investment Management Services LLC(PIMS),Three Gateway Center, 14th Floor, Newark, NJ 07102-4077. PIMS is a Prudential Financial company. Prudential Retirement is a Prudential Financial business. 5/21/12 f4 southa i Sanic,r3 i,i41i'icr;City Ma;tai,er 61FMeru011it 1.Coat • an investment provider able to provide all performance and other relevant information in a timely fashion; and • qualitative analysis of such factors as the investment management firm and characteristics of the portfolio. Occasionally, an option may be selected which does not meet all of the selection criteria but fits or maintains a particular investment or Plan objective. Monitoring The Committee will monitor the investment options offered on a regular basis, but no less than annually (with quarterly updates), by utilizing the same framework that was the basis of the selection decision. The monitoring will allow the Committee to revisit the investment option selection process and confirm that the criteria originally satisfied remains so and that each investment option continues to be a prudent offering. The Committee will: • compare investment performance and risk measurements to appropriate benchmarks, indices and/or peer groups as defined in Attachment C; • consider any material changes in the investment's objectives, investment philosophy, and/or key personnel; and • evaluate Plan asset returns versus its specific liabilities. The Committee understands that investment options may experience short-term underperformance due to various factors and that frequent change is neither expected nor desirable. As such, greater emphasis will be placed on investment performance over a three to five year period relative to associated benchmarks and peer groups. Additionally, for any investment option that is part of the DDA program, the Committee may use the DDA process and ranking system as one of the standards of monitoring. If overall satisfaction with the investment options is acceptable to the Committee, no action is required at that time. If areas of dissatisfaction exist, the Committee will take necessary steps deemed appropriate to remedy the deficiency. Steps may include placing an unsatisfactory investment option on the Committee "Watch List" that will be further evaluated. Watch List In evaluating the investments over a period of time, a determination may be made for an option to be placed on the Watch List to express a general concern for unsatisfactory adherence to the monitoring screens. The DDA program also employs a Watch List to express general concern with a particular fund, for reasons including substandard performance and concerns regarding future performance, such as changes in the portfolio team or process. 4 5/21/12 i south . _ 3az113re i.MI 1Er,City MalAger smi?lere'sburl.cum The Plan may consider the information about the Watch List in deciding whether to take action on any funds in the Plan. The decision to retain or terminate an investment option cannot be made by a formula. It is the Committee's confidence in the investment option's ability to perform in the future that ultimately determines the retention of an investment option. Termination At its discretion, the Committee may recommend to the Pension Administrator to terminate a fund or identify a replacement fund. V. ROLES & RESPONSIBILITIES Those responsible for the investment selection and ongoing monitoring of the Plan include, but are not limited to: Pension Advisory Committee As fiduciaries under the Plan, the primary responsibilities of the Committee are, among other things, to: • prepare and maintain this Investment Policy Statement; • design an asset allocation strategy that meets the plans objectives; • prudently select investment options; and • periodically evaluate the Plan's asset allocation strategy and investment options, make allocation and investment option changes when appropriate. No less frequently than annually, the Committee will perform a general review of the asset allocation strategy, investment options and discuss any other issues related to the Plan, which have been brought to the attention of the Committee. Investment Strategist The Prudential Investment Strategist provides investment related support to the Committee. Such information will be factual in nature and provided to assist in the asset allocation strategy, as well as the prudent selection and ongoing monitoring of the Plan's investment options. The Investment Strategist will also execute the duties required as a member of Global Portfolio Services, Inc. as described in Attachment B. Actuary As required for the execution of the asset allocation strategy in Attachment A, the Plan's Actuary will provide the Committee with the Plans funded status periodically and in a timely manner, as required to execute the asset allocation strategy. The actuary may use estimates or projections consistent with generally accepted actuarial standards and procedures. 5/21/12 Ot riVA scut. s ,,r Sanfvr i.M s`ni Ciim Nia<;agar smith;r4'shurl.cum Plan Service Provider The entity that provides the Plan's investment options, and which the Plan has retained to provide administration of investments held in the trust, will provide the following services: receiving contributions, making distributions in accordance with the appropriate instructions and keeping accounts and records of financial transactions of the trust. The Plan Service Provider will support the Committee and the Plan Sponsor where appropriate. VI. PLAN MANAGEMENT The Committee will review the established asset allocation strategy and investment funds on a periodic basis. The Committee will consider: • asset allocation strategy relative to funded status; • investment strategy; • regulatory environment; • capital markets; • performance of the investment funds relative to the markets, according to the Performance Standards set forth in Section IV of this Investment Policy Statement, • the need to make changes to investment alternatives and/or asset allocation strategy; and • applicability of the Investment Policy Statement as written, in light of current plan sponsor philosophy and objectives, as well as the objectives of the plan. VII. FURTHER GUIDELINES Prior to adopting this IPS and any amendment to it, the Committee, to the extent it deems necessary, will consult with its legal and other advisors. Documentation of matters discussed and/or decisions made will be kept. Any change to this policy should be fully documented and communicated in writing and on a timely basis to all interested parties mentioned under Section II, Roles and Responsibilities. 6 5/21/12 Er in ton Sanford I.Mffier,City Manager smiller@sburl.corn VIII. ADOPTION OF INVESTMENT POLICY This Investment Policy is hereby adopted and shall remain in effect until revised, terminated or amended and accepted by the City of South Burlington City Council. This policy will be reviewed at least yearly and upon any major change. By: Rosanne Greco, Chair Date City of South Burlington City Council Helen Riehle, Vice-Chair Date City of South Burlington City Council Pam Mackenzie, Clerk Date City of South Burlington City Council Sandra Dooley Date City of South Burlington City Council Paul Engels Date City of South Burlington City Council 7 5/21/12 Bantam I.Miner,City Ma R aver s rmille'@eh;rl earn ATTACHMENT A: ASSET ALLOCATION STRATEGY The City of South Burlington will target the following as part of its long-term asset allocation strategy: Fixed Income Allocation Short Term (as dictated by liquidity needs) 08% Fixed Income— Intermediated Term 29% Fixed Income — High Yield 03% Total Fixed Income 40% Equity Allocation Domestic: Large Cap 34% Small Cap 08% Real Estate 03% Total Domestic Equity 45% International: Internationale 15% Total International Equity 15% Total 100% 2lncludes both developed and emerging market equity securities. 5/21/12 .south Saos,ra 7."Prier Cliv Maea6er sazi::le.:g&st nvl.ccm ATTACHMENT B: GLOBAL PORTFOLIO STRATEGIES, INC. NOTATIONS Representatives of Global Portfolio Strategies, Inc. will perform the following services: • Communicate and document the Plan's asset distributions, asset allocation strategy, and portfolio returns on a quarterly basis. • Meet periodically with representatives of the Pension Advisory Committee to review this Investment Policy Statement and decisions relating to the investment and asset allocation strategy. • Monitor the Plan's asset allocation and execute transactions required to maintain the Plan's asset allocation strategy or any maintenance rebalancing. • Update this IPS as needed. 9 5/21/12 of Samar, L MtIier C1ty PAa+,zras mole,gebssFt.cace ATTACHMENT C: ASSET CLASSES AVAILABLE ASSET CLASS PEER GROUP: PEER GROUP: LIPPER BENCHMARK: MORNINGSTAR INDEX INDEX CATEGORY MEDIAN Fixed Income—Short Term Ultra Short-Term N/A Citigroup 3-mos.T-bill Bond Fixed Income—Stable Value N/A N/A Five Year Average Treasury Yield Fixed Income-TIPS Inflation—Protected N/A Barclays Capital US Treasury: US Bond TIPS Fixed Income—Intermediate Intermediate Bond Intermediate Barclays Capital Aggregate Bond Investment Grade Debt Fixed Income—High Yield High Yield Bond High Current Yield Barclays Capital High Yield Bond Bond Funds Fixed Income—Long Long Term Bond N/A Barclays Capital US Long Credit Large Cap Value Large Cap Value Large Cap Value Russell 1000 Value Large Cap Blend Large Cap Blend Large Cap Core S&P 500 Large Cap Growth Large Cap Growth Large Cap Growth Russell 1000 Growth Mid Cap Value Mid Cap Value Mid Cap Value Russell Mid Cap Value Mid Cap Blend Mid Cap Blend Mid Cap Core Russell Mid Cap Mid Cap Growth Mid Cap Growth Mid Cap Growth Russell Mid Cap Growth Small Cap Value Small Cap Value Small Cap Value Russell 2000 Value Small Cap Blend Small Cap Blend Small Cap Core Russell 2000 Small Cap Growth Small Cap Growth Small Cap Growth Russell 2000 Growth International Value Foreign Large Value International MSCI EAFE Value International Blend Foreign Large Blend International MSCI EAFE International Growth Foreign Large Growth International MSCI EAFE Growth Global Fund World Stock Global MSCI World Emerging Markets Emerging Markets N/A MSCI Emerging Markets Real Estate Fund Specialty—Real Real Estate NAREIT Equity REIT—or- Estate NCREIF Index Asset Allocation services provided by Global Portfolio Strategies, Inc., a Prudential Financial Company. Prudential Retirement's group variable annuity contracts are issued by Prudential Retirement Insurance and Annuity Company (PRIAC), Hartford, CT, a Prudential Financial Company. Securities products and services are offered through Prudential Investment Management Services LLC (PIMS), Three Gateway Center, 14th Floor, Newark, NJ 07102-4077. PIMS is a Prudential Financial Company. 10 5/21/12 . MCI 2\ 1. "* Interim zoning application #IZ 12 01 of New England Federal Credit Union for a planned unit 0,0b0g/- . ��� development to: 1) raze an existing office building, and 2)construct a 3,920 sq. ft. drive-in bank - fa facility, 1000 Shelburne Road. `k 2. *** 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. JLadd From: Sandy Miller Sent: Friday, May 18, 2012 11.47 AM To: JLadd Subject: items for 5-21 consent agenda (from 5-11 CM Update) Janice, From last Friday's(5-11) CM Update please print up the CC agreed upon procedures document and the SB Council Priorities for inclusion under the Consent Agenda for the 5-21 meeting. Sa r old"Sturdy"?Wet ICMA-Credentialed Manager City Manager City of South Burlington 575 Dorset Street South Burlington, VT 05403 Tel: 802-846-4107 Fax: 802-846-4101 E-mail: smiller@sburl.com Website: www.sburl.com