HomeMy WebLinkAboutAgenda - City Council - 03/19/2012 6(1
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southburlington
VERMONT
AGENDA
SOUTH BURLINGTON CITY COUNCIL
City Hal!
575 Dorset Street
SOUTH BURLINGTON, VERMONT
Executive Session 5:00 p.m. Monday, March 19, 2012
Consider entering executive session to discuss personnel, contract negotiations and litigation.
Regular Meeting 6:00 p.m. Monday, March 19, 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. City Council Training Regarding Acting as a Deliberative Body in Reviewing Interim Bylaw
Applications (Garrett Baxter, Senior Attorney, Municipal Assistance Center, Vermont League of Cities
and Towns). Expected to last about two hours.
5. *** Public Hearing on Amendments to the Land Development Regulations (Paul Conner, Director of
Planning and Zoning). PLEASE NOTE: Due to defective notice, this hearing will be opened at 7 p.m.
and then adjourned immediately to Monday, April 2nd.
6. *** Interim Zoning Bylaw— Report on Studies and Committees:
a. Economic Analyses and Steering Committee (Sandy Miller, Bob Rusten and Paul Conner).
b. Sustainable Agriculture (Rosanne Greco).
c. Affordable Housing (Jim Knapp).
7. ### Consider Complete Streets Proposal (Justin Rabidoux, Director of Public Works).
8. Consider Authorizing Re-financing of a Stormwater Mitigation Grant Anticipation Note for$200,000
(Bob Rusten, Deputy City Manager).
9. *** Consideration of approval of Entertainment permit (Sandy Miller, City Manager):
• Magic Hat Brewing Co for:
o Benefit Concert for Big Heavy World —5/19
o Urban Arts Competition —8/25
o Free Community Concert—7/14
• Franny O's Annual Permit
10. *** Reconvene as Liquor Control Board to consider 2012-2013 annual liquor licenses:
• Burlington Moose Lodge# 1618
• Doubletree Hotel
• Franny O's
• Gracey's Store
• Gracey's Liquor Store
• Hannaford Food & Drug
• Healthy Living
• Hong Kong Jade Chinese Restaurant
• Interstate Shell
• Kinney Drugs
• night Flight, Inc.
• Maplefield's @Airport
• Mill Market& Deli
• Short Stop# 104
• Uno's Restaurant
• Van Phan Sports
• Vermont National Golf Course
• Vermont Sportsgrill
• Walgreen's# 11526,
• Waterfront Catering Group.
11. Review Use of Consent Agenda as part of City Council Agenda (Sandy Miller, City Manager).
12. Consider Dates to Review Development Applications Subject to the Interim Bylaw.
13. ###Sign Disbursements.
14. Other Business.
15. *** Approval of Minutes for regular meeting held Feb. 21 & March 5th, 2012.
16. Consider entering executive session to discuss personnel, contract negotiations and litigation.
17. Adjourn.
Respectfully Submitted:
Sanford I. Miller, City Manager
**" Attachments Included
### 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.
March 19, 2012 City Council Meeting
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southbuntr.1,
PLANNING & ZONING
MEMORANDUM
TO: South Burlington City Council & City Manager
FROM: South Burlington Planning Commission
Paul Conner, Director of Planning & Zoning
SUBJECT: First Reading of Draft Land Development Regulations approved by
Planning Commission
DATE: February 21, 2012 City Council meeting
The Planning Commission voted on February 8th, following its public hearing, to approve the
enclosed series of amendments to the Land Development Regulations and forward them to the
City Council for consideration.
As discussed at the Council's December public hearing on the recent amendments approved at
the time, the proposed changes to the Table of Uses for residential & institutional zoning districts
was inadvertently omitted from the hearings. The Planning Commission therefore warned and
held a new public hearing on these amendments, which are now presented to the Council for
consideration. Amendments include:
• Integration of congregate care, medical offices, social services and general offices into the
Transit Overlay District established in December.
• Removal of the land use entitled"clinic, medical, dental, or optical" (as it was determined to
be a redundant land use category within the table of uses—"medical office" covers all of
these)
• Reclassification of places of worship to be permitted uses (in accordance with state law).
The Commission discussed and developed these amendments during the summer of 2011 and
reviewed them as part of their public hearing. The vote to approve was unanimous.
Recommendation: staff recommends the City Council proceed by warning a Second Reading and
Public Hearing to consider the adoption of these amendments (suggested date: Monday, March
19th)
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101
www.sburl.com
APPENDIX C USES and DIMENSIONAL STANDARDS C-la
Key to Proposed Amendments
Proposed additions are bold and underlined;proposed_
Institutional Residential Southeast Quadrant
RESIDENTIAL&INSTITUTIONAL IA(1) PR MU RI R2 R4 R7 R7- R12 LN QCP SEQ- SEQ- SEQ-NR SEQ-VR SEQ-
DISTRICTS NC(2) NRP NRT VC(2)
Residential Uses _
Single-family dwelling P P P P PUD PUD P P P P P P P
Two-family dwelling PUD P P P PUD PUD P P P P P P
Multi-family dwelling PUD PUD P PUD PUD PUD C P P
Agricultural Uses _
Horticulture&forestry with on-premise sales Permitted in all districts;3 acre minimum lot size in all districts. `"„
Horticulture&forest
ry,no on-premise sales Permitted in all districts
Keeping of livestock on 10 acres or more P P ,P P P P P P
Single-family dwelling related to agriculture P P P P P P P P P P P P
Additional dwellings for farm employees P P P P P P P P P P P
Public&Quasi-Public Uses ..
Cemeteries Conditional in all districts
Community center PUD P P P ( P P P
Congregate care,assisted living,or continuum Iii. 'C C a
of care facility ���
Cultural facility PUD
Educational facility PUD P C i;,; C C
Educational support facilities PUD
Funeral homes and mortuaries _
Group home Please see Section 13.12 for regulations.
Group quarters PUD
Hospice P
Municipal facility C P
Parks Permitted in all districts
Personal instruction facility 1 I'
Place of worship PUD GP 1GZ GP GP GP GP
Recreation paths Permitted in all districts
Social services "a ° i ,„,. _ _
? m, C'-T0 C
Commercial Uses
Adult use I1
South Burlington Land Development Regulations
Draft for City Council First Reading 2-21-2012
APPENDIX C USES and DIMENSIONAL STANDARDS C-2a
Institutional Residential Southeast Quadrant
RESIDENTIAL&INSTITUTIONAL IA(1) PR MU RI R2 R4 R7 R7- R12 LN QCP SEQ- SEQ- SEQ-NR SEQ-VR SEQ-
DISTRICTS NC(2) NRP NRT VC(2)
Auto&motorcycle service and repair, C
accessory use,no fueling pumps
Bed and breakfast,min. I acre lot C C C C C C C C(3)
Family child care home,registered or licensed P PP P P P PPP P P P P
Child care facility,licensed non-residential P P
Commercial greenhouse C-ACC
Commercial or public parking facility C C
Convenience store<3,000 SF within principal N-PUD P
structure
Financial institution P
Golf course C C
Office,general PUD C PUD-TO P PUD-TO C
Office,medical PUD-TO- P PUD-TOC
Personal or business service,principal use P
Personal or business service,up to 3,000 SF N-PUD P C
GFA per any one principal structure
Pet Grooming P t
Photocopy&printing shops with accessory N-PUD
retail
Private providers of public services,including
vehicle storage and maintenance
Recreation facility,indoor N-PUD C C C
Recreation facility,outdoor N-PUD C C C
Research facility or laboratory PUD
Restaurant,short order N-PUD
Restaurant,standard N-PUD C
Retail and retail services up to 3,000 SF GFA N-PUD P C
within any one principal structure
Retail food estab.<5,000 SF GFA N-PUD
Seasonal Mobile Food Unit
Service station w/convenience store _ C
Waste transfer stations C
South Burlington Land Development Regulations
Draft for City Council First Reading 2-21-2012
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PLANNING & ZONING
South Burlington Planning Commission
Proposed Land Development Regulation Amendment Report
Public Hearing Scheduled for Wednesday, February 8, 2012
In accordance with 24 V.S.A. §4441(c), the South Burlington Planning Commission has
prepared the following report regarding the proposed amendment to the city's Land
Development Regulations.
Brief Description of the Proposed Amendments
The South Burlington Planning Commission will hold a public hearing on Wednesday,
February 8, 2012 at 7:30 PM in the City Hall Conference Room, 575 Dorset Street, South
Burlington, VT to consider the following amendment to the South Burlington Land
Development Regulations:
1. Modify table of uses (Appendix C) related to places of worship, and clinics, social
services, congregate care, and general and medial offices for consistency with
amendments passed in 2011.
Findings Concerning the Proposed Amendment
The proposed amendments have been carefully considered by the Planning Commission over
the course of several meetings for their consistency with the text, goals, and objectives of the
City of South Burlington's Comprehensive Plan, last adopted March 9, 2011. The proposed
amendments are consistent with the goals and policies of the Comprehensive Plan.
Specifically:
The following proposed amendments are intended to improve clarity and accuracy within
the Regulations.
• Elimination of"clinic, medical, dental, or optical" as a redundant and undefined
land use category.
• Categorization of"places of workshop" as permitted uses, to comply with state
law.
The following amendments represent adjustments to standards within the Regulations
that are consistent with the intent of the regulations, the Comprehensive Plan, State Law,
and Federal Law:
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101
www.sburl.com
• Integrate certain transit-supportive land uses (congregate care, social services,
general office, medical office) into the City's recently-established Transit Overlay
District
These amendments are consistent with the goals and policies of the Comprehensive Plan,
as described below.
The amendments include integration of residential and institutional zoning districts
into the recently-established transit overlay district. These amendments are consistent
with the Comprehensive Plan goal of encouraging a land use pattern generally
consisting of a higher-density, compact urban core and continued investment and
growth in existing developed corridors.
The remainder of the amendments will provide greater internal consistency within the
document and its standards, and greater consistency with State and Federal Law.
SUSTAINABLE AGRICULTURE/FOOD SECURITY
SUBCOMMITTEE PROPOSAL
19 March 2012
A. Goal of Sustainable Agriculture Subcommittee (SusAg)
Overarching goal is to develop plans and regulations to preserve land in SB for
small-scale farming in order to provide current and future generations with healthy
food.
Specific Objectives include
1. Involving the public through outreach efforts
2. Providing the public with information on SusAg
3. Connecting with the SB schools and the local colleges and universities
4. Identifying prime agricultural soils in South Burlington
5. Determining legal,just and fair methods of using this land for farming
6. Researching methods and best practices used elsewhere
7. Evaluating the enviro--entai impacts of farming
8. Examining the economic impacts of land use for farming
9. Identifying financial backers and investors
10. Involving local, state, and federal entities
11. Drafting land development regulations
B. Membership
Listed below are the organizations and individuals who have offered to work with
the South Burlington Sustainable Agriculture subcommittee to varying degrees, e.g.,
as advisors, consultants, supporters, cheerleaders, interns, researchers, partners.
1. VT Council on Rural Development and VT Working Landscape Partnership
2. VT Community Foundation
3. Shelburne Farms
4. National Gardening Association
5. SB Land Trust
6. UVM Center for Sustainable Agriculture
7. UVM Center or Rural Studies
8. Bread and Butter Farm
9. Common Roots
10.VT Farm to Plate
11. SB Farm to School
12. Chittenden County Regional Planning Commission
13.Burlington Urban Agriculture Task Force
14.The Intervale Center
15.VT Natural Resources Council
16.VT Land Trust (possible)
17.VT Law School Center for Agriculture and Food Systems (possible)
18. Dr David Connor, PhD,Asst Professor, UVM Community Development and
Applied Economics
19. Dan Erickson,Advanced Geospatial Systems, LLC
20. Benjamin Herschel Gelb, UVM student (intern)
21. Cody Renaud, UVM student (intern)
22. Ethan Thompson, UVM student (intern)
23.Jessica Louisos, SB Planning Commission
24. Bill Stuono, SB Development Review Board
25. Betty Milizia, SB Natural Resources Committee
26. Forrest Gardner, Burlington resident (farmer)
27. Betty Goldberg, SB resident
28.Tracey Tapley, SB resident
29.Sophie Quest, SB resident (UVM Horticultural student)
30.Teague O'Connor, Burlington resident, (UVM graduate)
31. Leah Mital-Skiff, SB resident
C. Authority
None
D. Assistance expected from staff or consultants
TBD
Submitted by Rosanne Greco
Chair, SusAg Subcommittee
16 March 2012
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Financial Impact Interim Zoning Studies
Steering Committee
Primary Role: The Steering Committee(SC) is to oversee the studies process to ensure the studies meet
the requirements of the Council and they are conducted in an objective data-driven manner.
Tasks of Steer Committee:
• Review study Request for Proposals for thoroughness,appropriateness and that they incorporate
Council's goals and expectations
• Review proposals from consultants and make recommendations to Council as to consultant
selection
• Receive ongoing information from selected consultant(s)to assess that approved studies are kept
on track and meeting specified time frames
• Meet with Council to give timely updates on studies'progress
• Assess whether studies are being conducted in an objective data-driven manner
• Respond to study consultant questions(communicated through City Manager),regarding study
process
• Review draft study final reports prior to Council presentation to determine that studies are
complete and meet all goals of study proposal
Tasks of City Manager in this process:
• Chair Steering Committee
• Work with Council to clarify study goals and expectations
• Recommend possible candidates for Steering Committee membership
• Make initial contacts with study consultants to determine who might be interested and have the
ability to conduct studies
• Upon consultant approval by Council City Manager to review contract and if acceptable sign
contract
• Receive all questions from consultant
• Answer any technical process questions and pass to Steering Committee any broad process
questions
• Schedule time between consultants and appropriate staff
Steering Committee to meet as needed to achieve Role.
At least bi-monthly Steering Committee member(s),chosen by SC,will give update to City Council.
SC will confirm as part of final report of hired consultant that the report meets all requirements of
approved proposal. SC will also confirm that study and final report was conducted and written in an
objective manner data-driven manner.
SC to have no more than 9 members to include:
• City Manager—chair of Steering Committee
• Planning and Zoning Director
• Representative of Regional Planning Commission(chosen by RPC)
• Representative of either the GBIC or Chamber of Commerce(chosen by them)
• One representative of the developer community,chosen by City Council
• One representative of smart growth community,chosen by City Council
Meeting of the SC will be publically Warned and minutes will be taken of all official meetings
South Burlington City Council
Responses to Interim Zoning Study Questions
March 19,2012
Responses to Information Requests on Interim Zoning Studies
Firm A Firm B Firm C
Study 1 (Economic analysis of Interim Zoning cost
to city, residents,businesses)
Interested? Yes Yes
Has experience? - - Yes
Clarifying information needed?
Additional information needed? Study will need
significant city info.Will
staff be working with
consultant?Include
schools,special taxing
districts?
Cost estimate(low) $15,000 $7,500
Cost estimate(high) $20,000 $11,000
Able to complete by 9/17/2012? Yes
Study 2(Economic analysis on cost/revenue to city
from types of development)
Interested? Yes Yes Yes
Has experience? Yes Yes
Clarifying information needed?
Additional information needed? Time Frame; Level of Study will need
Detail of Analysis significant city info.Will
staff be working with
consultant?Include
schools,special taxing
districts?Presentations
needed?Type and
audience for final
document?
Cost estimate(low) $30,000 $15,000 $22,000
Cost estimate(high) - - $60,000 $20,000 $33,000
Able to complete by 9/17/2012? Yes Yes
Study 3(Economic analysis on cost of all services
&infrastructure at buildout)
Interested? Yes Yes Yes
Has experience? Yes Yes
Clarifying information needed?
Additional information needed? Time Frame;Specifics of Study will need
Buildout; Level of Detail significant city info.Will
of Analysis;Support staff be working with
Level from CCRPC consultant?Who gathers
info on existing capacity
and infrastructure?City
to provide buildout.
Study to include schools,
special tax districts?
Cost estimate(low) - $30,000 $15,000 $7,500
Cost estimate(high) $60,000 _ $20,000 _ $11,000
Able to complete by 9/17/2012? Yes Yes
Other Costs dependant on
what items included in
final scope.
Study 4(Economic analysis of costs of pollution
control mitigation&cleanup at buildout)
Interested? Yes
Has experience? Yes
Clarifying information needed? _
Additional information needed? Study will need
significant city info.Will
staff be working with
consultant?City to
provide buildout.Expect
City to provide info on
pollution control
mitigation and other
requirements.Study to
include schools,special
tax districts?
Cost estimate(low) $7,500
Cost estimate(high) $11,000
Able to complete by 9/17/2012?
Other? Costs dependant on
what items included in
final scope.
Dear Advisors, Consultants, Interns, Partners, Supporters, Cheerleaders and Friends
of the earth (and South Burlington),
In the past month, I've contacted each of you to see if you were interested in helping
us move smartly toward a sustainable future in agriculture right here in South
Burlington. You have all expressed interest and support (of varying kinds) for what
we are trying to accomplish.
BACKGROUND
First a bit of background to `prepare the ground.' In conjunction with discussions on
Interim Bylaws, also known as Interim Zoning or IZ, in February 2012, the South
Burlington City Council approved the creation of a Sustainable Agriculture/Food
Security Study Group, (which I am calling`SusAg'). I was named the chair of this
group. In the weeks since, I've been contacting organizations and individuals who I
thought might be interested in helping us in this most important endeavor. Some of
you I reached when others suggested your names. In fact, I am still receiving
referrals (which I intend to pursue). But for now, I thought it best to start with what
I have, and send this initial email.
PURPOSE
The purpose of this email to give you a bit of an update, and to determine that you
are still interested in helping us take tangible and meaningful steps toward creating
sustainable agriculture in South Burlington. I realize some of your organizations
have limited staff, and individuals have limited time to devote to this; but anything
you are willing to do, will help 'grow the crops.' Some of you may be able to help us
with the plowing, some with the tilling, and some with the reaping. And some may
be able to help only with providing the fertilizer (natural, of course). And some of
you may be able to help by directing us to other pastures. Notice the land-related
metaphors?O
NEXT STEPS
At the March 19th SB City Council meeting, our City Manager will be reporting on the
estimated costs of studies. I am also required to present an update on the SusAg
group. I intend to list the organizations and individuals who have expressed
interest in participating. Shortly thereafter, I will be working toward scheduling a
kick off meeting,which I am hoping will occur in late March or early April. You will
be the first to know of this.
ACTION REQUIRED FROM EACH OF YOU
All I need from you now, is a response so that I know I have your correct email
address, and that you are still interested in working on or supporting our SusAg
efforts.
Thank you for your interest in getting involved in saving our precious lands so that
we and future generations will be able to eat local, healthy food.
merchants BANK
Note No. 1 of 1 $200,000.00
City of South Burlington
GRANT ANTICIPATION NOTE
1160089346
South Burlington Vermont March 21,2012
On the January 21,2014 for value received,the City of South Burlington promises to pay to
MERCHANTS BANK, or order,the principal sum of:
TWO HUNDRED THOUSAND AND 00/100 DOLLARS ($200,000.00)
with interest at the rate of 1.86%per annum, calculated on the basis of an actual 365 day year from the
date of original delivery of this note,with principal and interest payable in lawful money of the United
States at the Main Office of Merchants Bank,in the City of Burlington, Vermont. Principal and interest
may be prepaid in whole or in part prior to the above maturity date.
This note issued in anticipation of grants-in aid for the purpose of financing certain capital
improvements authorized by vote of the City Council for the City of South Burlington at a meeting
thereof duly noticed, called and held on January 22, 2008, and pursuant to a resolution adopted by the
City Council of said City of South Burlington at a meeting thereof duly noticed,called and held on
March 19,2012. Said note(s)shall be paid from such grants-in-aid,upon receipt thereof.
It is hereby certified and recited that all acts, conditions and things required to be done precedent
to and in the issuance of this note have been done,have happened and have been performed in regular
and due form as required by law and that the full faith and credit of the said City of South Burlington are
hereby irrevocably pledged for the payment of this note.
City of South Burlington
By:
Treasurer City Council
RESOLUTION
GRANT ANTICIPATION BORROWING
WHEREAS,the City Council is authorized and empowered to borrow money on the credit of the
City of South Burlington in anticipation of certain grants-in-aid for the construction of certain capital
improvements authorized voted at the meeting held on January 22,2008; and
WHEREAS,the said City Council finds it expedient and in the best interests of the City of South
Burlington to borrow the sum of$200,000.00 in anticipation of the said grants-in-aid; and
WHEREAS,grants-in-aid in anticipation of which this borrowing is undertaken have been
awarded and authorized by appropriate federal and/or state agencies; and
WHEREAS,the City Council has been and is now proceeding to construct the improvements
authorized at said meeting and funds are needed to defray the cost thereof; and
WHEREAS, in order to have funds available to defray the cost of making said improvements as
aforesaid,the City Council has arranged to borrow$200,000.00 from MERCHANTS BANK,with such
borrowing evidenced by promissory note(s)as hereinafter set forth,which note(s)does/does not refund
and replace any previously issued note(s).
THEREFORE,BE IT RESOLVED,that the City Council and the Treasurer proceed forthwith to
complete said transaction and issue said evidence of indebtedness to cover the same; and
BE IT FURTHER RESOLVED,that said evidence of debt when issued and delivered pursuant to
this Resolution shall be a valid and binding general obligation of the City of South Burlington, payable
according to the terms and tenor thereof from unlimited ad valorem taxes duly assessed on the grand list
of taxable property in said City of South Burlington, as established by law; and
BE IT FURTHER RESOLVED,that all acts and things heretofore done by the lawfully
constituted officers of the City of South Burlington and its City Council in, about,or concerning the
expenditure of proceeds of the note evidencing the borrowing and the issuance thereof are hereby ratified
and confirmed; and
We,the undersigned City Council and Treasurer,hereby certify that we as such officers have
signed a Grant Anticipation Note(s)numbered 1, dated March 21,2012 and due January 21, 2014 with an
interest rate of 1.86%,payable as therein set forth and further certify that the note(s)are issued under and
pursuant to this Resolution adopted at a duly noticed and warned meeting of the City Council of the City
of South Burlington held on March 19, 2012.
We the said City Council and Treasurer of the City of South Burlington,hereby certify that we
are the duly chosen,qualified and acting officers as undersigned,that the note(s)is issued pursuant to
authority,that no proceeding relating thereto has been taken other than as shown in the foregoing recital,
that no such authority or action has been amended or repealed, and that there is no litigation threatened or
pending in any state or federal court of competent jurisdiction seeking to enjoin either the issuance of the
above-described note(s)or the expenditures being financed by the proceeds of the same.
We also certify that there has been full and timely compliance with all public procurement,
solicitation and bidding laws,ordinances and regulations with respect to each of the transactions
embodied in this Resolution.
We certify also that no litigation is pending or threatened affecting the validity of the note(s)or
the apportionment and assessment of taxes, if necessary,to pay the same when due,that neither the
corporate existence nor the boundaries of the City of South Burlington,nor the title of any of us to our
respective offices,is being questioned or contested.
Further,we hereby certify to and covenant with MERCHANTS BANK, its successors and
assigns,including specifically the transferees,assigns,holders and owners of the above-described note(s)
that:
1. No proceeds of the note(s)(including investment proceeds thereof)will be used(directly
or indirectly)in any trade or business carried on by any person other than the City of South Burlington
nor used to make or finance loans to any person.
2. During the current calendar year,the City of South Burlington will not issue debt of any
sort aggregating$10,000,000.00 or more.
3. The City of South Burlington will file when and as required with the Treasury
Department or Internal Revenue Service information returns relating to the issuance of this note(s)and
all other obligations of the City of South Burlington.
4. The City of South Burlington will comply with,perform,maintain and keep each and
every covenant,representation, certification and undertaking in the accompanying Tax Certificate,
execution and delivery of which is hereby authorized.
City of South Burlington
By:
Treasurer City Council
TAX CERTIFICATE
GRANT ANTICIPATION BORROWING
We,the Treasurer and at least a majority of the City Council of the City of South Burlington,
Vermont(the "Issuer"),hereby certify and represent as follows with respect to the aggregate$200,000.00
Grant Anticipation Note(s)numbered 1 through 1, of the Issuer(the "Note(s)"),which Note(s)is dated
March 21,2012 and is payable as therein set forth:
1. The Issuer is issuing and delivering the Note(s)simultaneously with the delivery of the
Certificate.
2. We are the officers of the Issuer charged by law with the responsibility for issuing the
Note(s).
3. The Note(s)is being issued for the purpose of financing capital improvements approved
by the Issuer at a duly held meeting thereof on January 22,2008.
4. The entire amount borrowed by the issuance of the Note(s),together with all of such, if
any,amounts previously raised or borrowed for the same purpose, does not exceed the total costs of the
improvement(s)less all other funds available for the purpose, and all of the proceeds of the Note(s)have
been or are expected to be needed and expended for the improvement(s)within three(3)years from the
date of the first borrowing for these expenses.
5. Substantial binding obligations to commence the improvement(s)being financed by the
Note(s)have been made, consisting of at least a binding obligation by the Issuer to expend more than five
percent of the total cost of said improvement(s). Work on the improvement(s)being financed by the
Note(s)is expected to proceed hereafter with due diligence.
6. The Note(s)is/is not being issued to refund Note(s)previously issued for the same
purpose described in paragraph(3).
7. Any real and personal property,acquisition of which has been financed by the Note(s)
has not been and is not expected during the life of the Note(s)to be sold or otherwise disposed of for
consideration.
8. It is expected that any earnings or net profit derived from investment or deposit of the
proceeds of the Note(s),including transferred proceeds, any accrued interest received upon sale of the
Note(s)and any premium received on the delivery
thereof,will be expended for the improvement(s)within the period stated in paragraph(4)above to the
extent such funds are not commingled for accounting purposes in the general funds of the Issuer with tax
and other substantial operating revenues.
9. The Issuer has not created and does not expect to create or establish any debt service
fund,bond payment reserve, sinking fund, or other similar fund pledged to the payment of the Note(s)or
from which it is expected that payment of the Note(s)would be made.
10. To the best of our knowledge,information and belief,the above expectations are
reasonable.
11. The Issuer has not been notified of any action by the Commissioner of Internal Revenue
to disqualify it as an issuer whose arbitrage certificates may be relied upon.
12. No part of the proceeds derived from the issuance and sale of the Note(s)nor the
expenditures financed by the proceeds of the Note(s)shall be:
a. Used, loaned or otherwise made available to any person or other entity,other than the
Issuer or a governmental body,so as to cause the Note(s)to be classified as private
activity bonds or arbitrage bonds,as those terms are defined under the Internal Revenue
Code of 1986.
b. Used directly or indirectly in a trade or business by any person other than the Issuer or
another municipal entity;
c. Loaned to any person directly or indirectly other than the Issuer;
d. The subject of any contract, lease or agreement of any sort having a term of
one year or more and calling for the payment by the Issuer of consideration other than a
flat fee;
e. Expended to finance the construction, alteration or renovation of any
improvement the use, occupancy,availability or beneficial enjoyment of
which shall be restricted among public users thereof or for which
preferential, different or unique fees,rates,assessments or charges shall be
levied;
f. Invested in such a manner or for such a period or at a yield to result in the
rebate of interest earnings thereon to the United States under any public law now or
hereafter in effect;
13. The Issuer shall furnish to the United States, or any agency,department or
instrumentality thereof,in a timely fashion, such information as may be required by law with respect to
all evidences of debt now or hereafter issued by the Issuer.
14. Neither the proceeds of the Note(s),nor any earnings derived from the investment
thereof, shall be expended for the purpose of paying any costs associated with the issuance of the
Note(s).
15. The proceeds of the Note will not be used in a manner that will cause the Note to be a
"private activity bond"or an"arbitrage bond"within the meaning of Sections 103(c), 141 and 148 of the
Internal Revenue Code of 1986, and the Regulations thereunder.
16. The Note(s)will not be refunded or otherwise paid,defeased or secured by the proceeds
of any form of debt issued by the Issuer,unless the manner of such payment,refunding or security
preserves the characterization of the Note(s)as essential function bonds under federal legislation
denominated by the Internal Revenue Code of 1986.
17. The Note is declared to be a"qualified obligation"under Section 265(b)of the Internal
Revenue Code.
This Certificate is executed and is being delivered pursuant to Sections 1.103-13, 1.103-14,and
1.103-15 of the Treasury Regulations under Section 103(3),141 and 148 of the Internal Revenue Code of
1986,as amended.
City of South Burlington
Treasurer City Council
CITY COUNCIL 21 FEBRUARY 2012
The South Burlington City Council held a regular meeting on Tuesday, 21 February 2012,
at 7:30 p.m., at the Rick Marcotte Central School.
Councilors Present: S. Dooley, Chair; M. Emery, J. Knapp, P. Engels, R. Greco
Also Present: S. Miller, City Manager; R. Rusten, Deputy City Manager; A. Lafferty, City
Attorney; P. Conner, Director of Planning &Zoning; J. Rabidoux, Public Works Director; R.
Smith, Auditor; M. Lyons, S. Dopp, M. Young, M. Smith, L. Bresee, R. Hubbard, L. Ravin, J.
Dinklage, other members of the public
1. Executive Session:
Ms. Greco moved the Council meet in executive session to discuss personnel, contract
negotiations, and litigation. Mr. Knapp seconded. Motion passed unanimously.
Regular Session:
Following the executive session, Ms. Emery moved the Council exit executive session. Mr.
Knapp seconded. Motion passed unanimously.
1. Agenda Review:
Ms. Dooley noted the addition of an Airport request to demolish houses which will be considered
under Other Business.
2. Comments & Questions from the Audience, not related to Agenda items:
No issues were raised.
3. Announcements & City Manager's Report:
Ms. Emery: Noted that her term will end of 5 March. She will attend the next Channel 17
meeting as its Acting Chair.
Ms. Greco: Attended the Planning Commission meeting.
Ms. Dooley: With Ms. Greco and members of the School District, Planning and Recreation
Departments, attended a meeting at the Health Department.
Mr. Miller: VLCT Local Government Day was held in Montpelier. A number of department
heads attended and testified. One of the more controversial items being considered by the
Legislature is a proposal for the state to take over the collection of the education property tax.
CITY COUNCIL
21 FEBRUARY 2012
PAGE 2
There have been two resignations from city committees: Duncan Adamson from the Rec
Path Committee and Karen Alence from the Energy Committee.
Mr. Knapp moved to accept the resignations of Duncan Adamson from the Rec Path Committee
and Karen Alence from the Energy Committee. Ms. Emery seconded. Motion passed
unanimously.
4. Presentation of FY2011 Audit:
Mr. Smith noted that as of June, 2011 all General Fund cash has been pooled and totals
$2,900,000. With $8,300,000 due to other funds and $1,700,000 in Accounts Payable, there is
not enough cash to meet obligations. Mr. Smith said the good news is that number didn't
increase in the past year. A large portion of that number is attributable to the Airport Parkway
project.
Sometime over the next month or so, management will bring to the Council a proposal to write
off about $4,000,000 (including money owed to WPC, Stormwater utility, etc.). The reality is
the city will never see this money. Mr. Smith said the only alternative would be to raise taxes to
cover this, and he does not recommend this. He felt it is in the best interests of the city to
acknowledge the issue and to move on. He also added that they believe there will be no surplus
at the end of the year. This course of action will enable the city to start out at zero as of June
30th. The best benchmark the city will have will be from 2012 to 2013.
Mr. Smith then reviewed specific department issues:
Recreation: Fees are sufficient to fund the Department's program. This has been the case in the
past and is a non-issue.
Water Department: Mr. Smith cited the unique situation with CWD. The good news is there is
$1,100,000 cash which is solid because this money was kept at CWD. This means the Water
Department has equity. And fees are enough to pay for operation. There have been conversations
regarding future protocol.
Water Pollution Control: This is a different story. $1,100,000 is due to other funds, and the
proposal is to write that off. Mr. Smith said they feel there were a lot of mis-postings, and rates
may not have been sufficient to cover the Department's expenses. He saw no benefit in trying to
find out the specifics of the deficit. A decision will have to be made regarding fees.
Mr. Miller noted there was a large fee increase for FY12, and there will be a 1/5% increase for
FY 13.
CITY COUNCIL
21 FEBRUARY 2012
PAGE 3
Ambulance Service: The city has been subsidizing ambulance service for a long time, and the
recommendation is to write off about $500,000 from the past. The good news is that in FY2011,
the Ambulance Service generated a profit, but it was not enough to cover the $500,000 deficit.
Stormwater: $900,000 that should be in this fund was spent elsewhere even though there was an
obligation to set that money aside. Mr. Smith felt there was nothing to be gained by going back,
and he was confident with going forward. If the $900,000 is written off, that will leave $400,000
in this fund, which is not sufficient for a city of South Burlington's size. Although fees are
adequate to pay for operations, the problem is past money that should have been obligated and
wasn't.
Pension: This is no longer underfunded, and Mr. Smith was confident with the adjustments the
city has made.
Mr. Engels asked about the concerns Mr. Smith had voices about one person holding both the
positions of City Clerk and City Treasurer. Mr. Smith said is concern is that one position is
elected and the other is appointed, and there should be two governing job descriptions. He also
felt there are conflicting responsibilities and that the two positions should be separate.
Mr. Engels asked why Mr. Smith is recommending the write-offs. Mr. Smith responded that in
the past the city"wasn't operating in the realm of reality." Mr. Knapp added that the city could
probably spend enough to figure out where most of the money went, but in the end they still
wouldn't recoup that money. Mr. Smith said he didn't think they could even figure out where
most of the money went. He added that one good step the city took was to set up separate
accounts to build confidence. Mr. Rusten said that because of what happened over a number of
years, money from stormwater went somewhere else...and money from "somewhere else"went to
stormwater.
Ms. Greco asked Mr. Smith to confirm that no money is missing. Mr. Smith said they found no
indication that money was missing.
A member of the audience asked if there is a management letter. Mr. Miller said it is on the
website and in the budget book. Mr Smith added that by law this letter must be in the city's
annual report.
5 Discussion of Williston Road Complete Streets Final Draft:
Mr. Rabidoux explained that the Complete Streets study dealt with the area between Dorset
Street and Kennedy Drive. He noted they had received a lot of public comment, and the city will
be faced with a"political decision."
CITY COUNCIL
21 FEBRUARY 2012
PAGE 4
Mr. Rabidoux observed that a lot of trips on Williston Rd. begin and/or end outside of South
Burlington.
It was the conclusion that a complete streets project on the study section of Williston Rd. Would
induce more congestion and would divert traffic to other roads. There are 11 side streets
involved with access to hundreds of homes. The committee had discussed a trial period which
could coincide with the repaving of Williston Rd. This would last about 4 months and could be
monitored. There would be a substantial cost for doing that. For the Colchester Ave. project, the
trial period monitoring cost more than$50,000.
Mr. Mark Smith noted that the study looked at the entire corridor from Dorset St. to Kennedy
Drive and also at a subsection from Hinesburg Rd. to Kennedy Drive.
The project would reduce the travel lanes from the existing 4 to 3 and would add bike lanes. Mr.
Smith showed an overhead of the study area. He noted that Hinesburg Road is the critical
intersection with much higher traffic volumes to the west of that road. Turning volumes at
Hinesburg Rd. are critical as there are no turning lanes.
Mr. Smith then showed a cross-section of the existing road and a cross-section of the proposed
"complete streets"road with one lane of traffic in each direction and a center turn lane. In the
study, Williston Rd./Hinesburg Road intersection showed the worst potential congestion.
Williston Road/Kennedy Drive intersection went from a current level of service "C"to a level of
service "F." An"F" level of service indicates failure with extreme delays.
Mr. Smith noted that only by reducing traffic by 39%would you get to a bare minimum of an
acceptable level of service.
For only the section of Williston Rd. to the east of Hinesburg Road, significant delays were
added at Hinesburg Road and at the Williston Rd./Kennedy Drive intersection. Ingress and
egress to the system were not possible.
The conclusion of the study is that a"complete streets"design would significantly increase
congestion. A 39% reduction in traffic would be needed to make"complete streets"work.
Williston Rd./Hinesburg Rd. intersection is the limiting factor,being right in the center of the
system. People would start to take other routes,which would have a negative impact on the
regional network. It was felt that other improvements could increase safety.
Recommendations of the study include:
1. Paving Market Street
2. Providing other means for going around the corridor (e.g., frontage roads, prohibiting
CITY COUNCIL
21 FEBRUARY 2012
PAGE 5
eastbound left turns onto Patchen Road, etc.).
3. Possible lane change at Dorset Street intersection(this needs additional study)
4. An access management plan for the western segment with participation of business and
property owners
Ms. Greco asked if the study pursued ideas to reduce traffic. Mr. Smith said there are some
possible projects including better connections off-street and implementation of the City Center.
Mr. Rabidoux said there is nothing in the short to midterm that would result in the needed traffic
reduction.
Ms. Emery noted the unfortunate "alternate" choice would be to go through the Chamberlin
school area. She also noted that as a bus rider, crossing Williston Road is already dangerous.
She said that as much as she would like this to be a more pedestrian friendly road, she realizes
there would have to be a lot more things in place to make it so.
Mr. Knapp raised the issue of people misusing the center turn lane to avoid delays. Mr. Smith
said there are pros and cons to it. The chance of misuse of the center lane is there, and there is a
lot of opportunity for that in this stretch of road. Mr. Knapp also asked if increased delays would
increase the accident potential resulting from"road rage." Mr. Smith said there is a strong
correlation between congestion and safety. Mr. Rabidoux added that Williston Rd. has a
proliferation of accident points.
Ms. Dooley asked if there is a time limit for the city to make a decision. Mr. Rabidoux said the
state is finalizing its paving project. It will be a 2-year project with the eastern part being done in
2012 and the western part in 2013 (because of alignment with the Route 2 widening project).
Bids are not yet out, but a decision would have to be made sooner rather than later. Mr. Smith
added that any changes to the Hinesburg Road intersection that further restricts it would be bad.
He cited problems of bottlenecks at merge points where the number of lanes would be reduced.
Audience comment was then solicited.
Mr. Bresee said he liked the idea proposed for the Dorset St. Intersection. At Hinesburg Road, it
becomes single lane traffic as soon as someone is making a left turn. He noted a number of
groups who want this project to happen believing that one lane is safer(no lane switching) and
results in lower speeds. Pedestrians on the sidewalk are further from traffic because of the added
bike lane. Storm drains are also not beaten up as much from car traffic if the bike lanes are there.
He said this has worked on Colchester Avenue and Route 15. He felt this is an opportunity to try
something; if it doesn't work, it can be corrected at a very low cost.
Mr. Rabidoux noted the cost of$50,000-75,000+ staff time for Colchester Avenue which has far
fewer side streets.
CITY COUNCIL
21 FEBRUARY 2012
PAGE 6
Ms. Dopp asked about adding more signals in the eastern section. Mr. Rabidoux said that wasn't
looked at.
Mr. Dinklage noted that to turn onto Williston Road from Mayfair Park, you have to look at 4
lanes of traffic, and you can think you're pulling into a clear lane when suddenly a car goes into
that lane without signaling. He noted there was no reduction in traffic on Colchester Avenue and
it worked. Mr. Smith said that even with three lanes you would have to wait for someone to let
you in because of the congestion. It may be safer,but... He also noted that turning movements
on Colchester Avenue are very different. Traffic at the PM peak hour at Hinesburg Road is 40%
higher than on Colchester Avenue.
Mr. Ravin said if you give pedestrians and bikers a safer and more pleasant experience, thy will
take it. She also cited the use of TDM to manage traffic on Colchester Ave. Mr. Smith said
transportation management results in only an 8% reduction in traffic.
Mr. Hubbard noted there is a significant drop in traffic from the 'jug handle"to Hinesburg Road
and Kennedy Drive. He asked for a trial period.
Mr. Knapp asked what happens with buses. If more buses are being encouraged, there will be
more stops and starts, and a problem with the buses turning back into traffic. He also noted that
if you do the eastern part of the project area,bicyclists get a safer route to Hinesburg Road and
then they are taking their lives in their hands from there on.
Ms. Emery stressed there is no other potential "cut through" other than the residential area north
of Williston Road, and those people want their neighborhood to be safe for their children.
Ms. Greco moved to implement"complete streets." There was no second.
Ms. Emery moved that for this current project not to go forward with"complete streets." The
motion failed 2-3 with Ms. Greco, Mr. Knapp and Ms. Dooley voting against.
Mr. Rabidoux noted if the Council does decide to implement any part of"complete streets" later
on, there will be a cost to the city to alter the state plans.
6. Discussion of Proposed Interim Bylaws with possible action:
Ms. Greco said they have reviewed all comments and have incorporated some of them. They
have added review criteria and a process for submitting applications. The interim zoning studies
will include land for agriculture,middle class housing and City Center.
CITY COUNCIL
21 FEBRUARY 2012
PAGE 7
Ms. Greco then moved to approve the Interim Zoning Bylaw dated 17 February 2012. Ms.
Dooley seconded.
Mr. Miller questioned whether this is an addition to the existing bylaw. Mr. Greco said it is a
modification. Ms. Lafferty said it is an amendment to the version warned in December. It
lessens some of the prohibitions in Article 2 (adds exempt districts) and provides exemptions to
Section 4.
Ms. Dooley said the 2 zoning districts that are exempt are Mixed Industrial-Commercial and
Industrial-Open Space. A variety of applications that are currently approved by the
Administrative Officer would not be. Amendments to a site plan for a commercial or industrial
building would be allowed if the building were expanded by less than 6% or 10,000 sq. ft.
Applications received before 31 December 2011 are not covered under interim zoning.
Mr. Knapp asked if the Council would be voting on the amendment or the bylaw as amended.
Mr. Miller said Roberts Rules requires voting on the amendment and then on the bylaw as
amended.
Ms. Greco and Ms. Dooley then withdrew their motion.
Ms. Greco moved to approve the bylaw of 31 December 2011. Ms. Dooley seconded.
Ms. Greco moved to amend the bylaw of 31 December 2011 to include the changes as outlined in
the document"Based on discussion with Dooley& Greco"dated 17 February 2012. Ms. Dooley
seconded. The motion to amend passed 3-1 with Ms. Emery voting against and Mr. Knapp
voting present.
Mr. Engels then moved the following amendment to the Interim Zoning Bylaw:
No later than the first Council meeting in October, 2012, Council shall evaluate the IZ
Bylaw. At a minimum the evaluation will be based on the following criteria:
. Council's decisions on development proposals that came before Council.
. Economic analysis of interim zoning, both the financial impact on the city budget as
well as the financial impact on citizens, residents and businesses of South Burlington.
. An economic analysis on: the types of development that cost the city more in services
than revenue generated by that development; the types of development that cost the city no more
in services than revenue generated by that development; and the types of development that
generate more revenue to the city than cost in services generated by that development. This
CITY COUNCIL
21 FEBRUARY 2012
PAGE 8
analysis to be called, "financial roadmap for future development within South Burlington. An
economic analysis on the costs of all services and infrastructure, including maintenance,
upgrades, replacement, and expansion,based on the total development build-out as allowed
under the current Land Development regulations.
. An economic analysis of the associated costs of pollution control mitigation and cleanup
of the environment and natural resources, including, air, water and land resulting from the total
build-out as allowed under our current Land Development regulations.
. Report of the Affordable Housing and Sustainable Agriculture Committees.
At the March 19, 2012 staff will present a proposal to Council for discussion, possible
modification and possible approval on:
. The goal of an analysis on the financial impact to city budget of the current IZ bylaw and
the goal of a"financial roadmap" for future development within South Burlington"
. Possible companies that con provide any or all studies
. Estimate cost for studies
. A proposed steering committee to oversee the studies
. Membership
. Authority
. Roles
At the March 19, 2012 former Councilor Knapp and Councilor Greco will each present a
proposal to Council for discussion,possible modification and possible approval on their two
subcommittees (Affordable Housing and Sustainable Agriculture). Each proposal will include:
. Goal of subcommittee
. Membership
. Authority
. Assistance expected from staff and or consultants
Ms. Greco seconded.
Mr. Knapp explained his voting concerning interim zoning. He said he believes the Interim
Zoning Ordinance is neither legal nor constitutional and as such will not vote on it.
Mr. Young asked how the City Council plans to pay for the cost of the studies related to interim
CITY COUNCIL
21 FEBRUARY 2012
PAGE 9
zoning. Mr. Engels said cost estimates will be presented on 17 March. Mr. Young asked how
they will be paid for. Mr. Miller said that will depend on the costs. Mr. Young said the budget
will be voted on on March 6 with no provision for interim zoning. He asked under what line
items interim zoning would fall. Mr. Miller said"same answer."
Mr. Knapp asked what will happen if he can't make the 19 March meeting or chooses not to
make a presentation. Mr. Engels said he hadn't considered that.
In the vote that followed, the amendment passed 3-2 with Ms. Emery and Mr. Knapp voting
against.
Members then voted on the amended motion. It passed 3-2 with Ms. Emery and Mr. Knapp
voting against.
Ms. Emery commented that the Council must have money growing on trees that she didn't know
about.
7. First reading of Draft Amendment to the Land Development Regulations -
possible scheduling of Public Hearing for 19 March:
Mr. Conner noted that a table of uses had been left off in the last round of LDR amendments.
The amendments include:
1. Integrating congregate care, medical offices, social services and general offices into the
Transit Overlay District
2. Removing the land use entitled"clinic, medical, dental, or optical" (will be covered
under"medical office")
3. Reclassifying places of worship as permitted uses (state law)
Ms. Greco moved to approve the first reading of the draft amendments to the Land Development
Regulations as presented and to schedule a public hearing for 19 March 2012. Mr. Engels
seconded. Motion passed unanimously.
8. Consider appointment of a third member to the Stormwater Appeal Board per
Stormwater Ordinance:
Mr. Miller noted that a customer may be appealing a stormwater bill. The Appeal Board should
have a third member to join the City Manager and Public Works Director. This could be a City
Councilor or Deputy City Manager.
Ms. Greco moved to appoint Bob Rusten to the Stormwater Appeal Board. Mr. Engels
CITY COUNCIL
21 FEBRUARY 2012
PAGE 10
seconded. Motion passed unanimously.
9. Consideration of approval of Waiver of Conflict of Interest for Brian Monaghan
Attorney:
Mr. Miller noted a potential conflict of interest because Mr. Monaghan represents the Town of
Colchester.
Ms. Greco moved to approve the waiver of conflict of interest and to authorize Council Chair to
sign the letter. Mr. Engels seconded. Motion passed unanimously.
10. Consideration of Approval of Entertainment Permit: Wedding Reception at
1350 Spear Street, Jule 22, 2012:
Mr. Greco moved to approve the entertainment permit for a wedding reception at 1350 Spear St.
as presented. Mr. Knapp seconded. Motion passed unanimously.
11. Sign Disbursements:
Disbursements were signed.
12. Other Business:
It was noted that the Airport has requested a permit to demolish houses around the Airport. It is
not clear that the city has a baseline of noise before and after houses are removed.
Ms. Dooley moved to ask the City Manager to send a letter to the Mayor of Burlington and to
the Chair of the Burlington City Council and to Bob McEwing, acting Airport Manager, making
them aware of the situation and requesting that measurements have been taken and are accurate.
Ms. Greco seconded. Motion passed unanimously.
13. Approval of Minutes for special meetings of 30January and 2 February 2012
and regular meeting of 6 February 2012:
It was noted in the minutes of 2 February, p. 4,paragraph 4 that it was Ms. Greco who noted the
comment that South Burlington was to be sacrificed to save the rest of the state.
Mr. Greco then moved to approve the Minutes of 30 January, 2 February and 6 February with
spelling of names corrected and as amended above. Mr .Knapp seconded. Motion passed
unanimously.
CITY COUNCIL
21 FEBRUARY 2012
PAGE 11
14. Executive Session:
Ms. Dooley asked for a motion to meet in executive session. Mr. Knapp so moved. Mr. Engels
seconded. Motion passed unanimously.
15. Regular Session:
Council returned to regular session. As there was no further business Mr. Knapp moved
for Council adjournment. Ms. Greco seconded. Motion passed unanimously. Council
adjourned.
Clerk
TOWN MEETING 5 MARCH 2012
The South Burlington City Council and School Board held Town Meeting on Monday, 5
March 2012, at 7:00 p.m., in the Cafeteria, Frederick H. Tuttle Middle School, 500 Dorset
Street.
City Council Members Present: S. Dooley, Chair; M. Emery, J. Knapp, P. Engels, R. Greco
School Board Members Present: R. Cassidy, Chair; M. Lalonde, E. Fitzgerald, D. Bugbee, J.
Beatty
Also Present: S. Miller, City Manager; R. Rusten, Deputy City Manager; D. Young,
Superintendent of Schools; J. Stewart, School District; D. Kinville, City Clerk; P. Conner,
Director of Planning&Zoning; Chief T. Whipple, Police Department; Chief D. Brent, Fire
Department; candidates for City Council and School Board seats; members of PACT; P. & B.
Nowak, B French, M. Young, F. Kochman, R. Stevens, R. Hubbard, other members of the public
1. Reading of the Ballot Articles:
Ms. Dooley read the Ballot articles.
2. Presentation of proposed City budget for FY2013 and Town Meeting Day ballot
items:
Mr. Miller said the proposed FY2013 city budget has an increase in expenditures of 7.36%
($1,300,000) and an increase in non-tax revenues of$840,000. This results in a 2.1 cent
increase.
The user fees for water will increase by 2.8%. There is also a special water bond issue from
CWD which will be voted on by all CWD municipalities.
The fees for sewer will increase by 1.5%. The city is building reserves for future capital projects.
There is no rate increase for stormwater.
Mr. Miller then reviewed the major general fund increases in expenditures including:
Capital Improvements $190,000
Undesignated reserve 50,000
Sick leave reserve 99,600
Increase in contingency fund 178,875
Other entity payments 44,000
Increased Library staffing 70,000
Pension Fund Administration 56,000
TOWN MEETING
5 MARCH 2012
PAGE 2
Mr. Miller noted that the increase in Library staffing will result in the Library hours being
increased from 49 to 58 hours a week.
This budget also restores a staff position in the highway department.
The city will be upgrading its out-of-date technology over the next few years.
Mr. Miller noted that future purchases of vehicles (e.g., police cars, etc.)will be made in cash
instead of borrowing. This will save money on interest.
This budget includes a dramatic increase in paving projects, about $150,000.
An additional $100,000 will be allocated to the city's pension fund.
Mr. Miller noted that the city continues to address financial difficulties. Non-property tax
revenues that will help in this regard include a new Fire Inspector position, highway impact fees,
a highway paving grant, and asset forfeiture (Police Department).
A member of the public asked if there are any outstanding lawsuits against the city. Mr. Miller
said there are 3 which are related to a former police officer. The city's liability in these cases
will be limited to the insurance deductible ($2500 per claim). The city has hired an attorney to
monitor the defense.
A members of the public asked what the new CWD pipe will do and whether the city saved
money this year because of the very low snowfall. Mr. Miller said the CWD project consists of 2
transmission mains which will result in serving most clients from two directions. With regard to
snow removal/savings, Mr. Miller said the answer is both yes and no. There were a lot of small
events that resulted in icing. This requires dealing with intersections and uses a fair amount of
salt and sand. The good side is that with less use of equipment, there were not many breakdowns
and the use of fewer snow plow blades. Mr. Miller said it is better to have a few big stoinis than
a lot of little events.
Mr. Young asked about the possible rental or use of the vacant space above the Police Station.
Mr. Miller said the city would like to rent that space and will if it can. There is a possibility that
if the mold problem in City Hall can't be fixed, city offices could move to some of that space.
Mr. French, who lives on Anderson Parkway, said it is very hard to get around when it snows and
the sidewalks aren't plowed. Mr. Miller noted that last year when there were heavy snows, two
of the sidewalk plows were out of commission. The city now has a new sidewalk plow and will
replace another one this year. This will result in improved service. Mr. Miller added that with
all the city development in the past 10 years, no new sidewalk plowing routes have been added.
TOWN MEETING •
5 MARCH 2012
PAGE 3
After the equipment is gotten into shape, there will be discussion on whether to add another
route.
Mr. Nowak asked if the impact fees that were mentioned are new or existing. Mr. Miller said the
city is using some of the highway impact fees to help fund the Route 2 project. There have been
no new impact fees in recent years. The city will, however,be looking at these to see if they
cover all that needs to be covered. Mr. Miller explained that impact fees can be used only when
development causes additional need for services.
A member of the public asked who pays the fire impact fee. Mr. Miller said it is paid by anyone
who develops a piece of property,residential or commercial. This cost is then passed on by the
developer to the buyers in the development.
Mr. Young asked about the note in the auditor's management letter regarding a deficit that is
being written off. Mr. Miller said the auditor has endorsed the city's plan for dealing with some
of the prior deficit. Some things can't be written off(e.g., impact fees, donations to the Library,
etc.). In order to fund some of these things, the city has identified about$1,000,000 in additional
billing,mostly related to the Airport Parkway project. These bills were never submitted to the
state. The city has been told that $400,000 will be coming. This is taking longer than usual
because of the destruction of state records by tropical storm Irene. Any money collected beyond
the impact fees and donations will go into the general fund or to utilities.
Mr. Rusten added that in the past money was collected from a variety of sources and was used for
things other than what it was designated for. At times, it looked like the city had a lot of money
when in reality it did not. To address this, more bank accounts have been created so it won't be
easy to move money from"one pot to another." In addition,budgeting wasn't being done
effectively to cover expenses. Systems have now been put in place to prevent this from
happening again. Mr. Rusten noted that with regard to the auditor's management letter, the 23
deficiencies identified in the previous management letter have been reduced to 8 this year.
Mr. Stevens asked why the pension fund is being overfunded. Mr. Miller said there is concern
with market fluctuations that may cause the fund to go below 100%.
Mr. Kochman asked about the constraints on investments for the pension fund and who controls
these investments. Mr. Miller explained there is a Pension Advisory Committee which works
with actuaries and pension fund managers to develop a plan for investment of pension funds.
The City Manager is the Pension Fund Manager as well. If there is disagreement about
investments, the issue goes to the City Council. Mr. Rusten added that a presentation was made
to the Pension Advisory Committee when there was a market"meltdown" a few months back.
That Committee is also getting training in this area. Mr. Engels noted there is also a liquidity
requirement because employees are retiring.
TOWN MEETING
5 MARCH 2012
PAGE 4
Mr. Miller noted that a number of employees and one bargaining unit have been moved to a
VMERS plan, which has resulted in a savings to the city. He also noted that investment and
annual reports are available on the city's website.
Mr. Miller noted that the charter changes voted by the city in the last election will result in voters
voting until a budget is passed. He thanked Legislators for getting this through the legislative
process in record time so it could be in effect for this vote. The Legislature also passed the
other charter change which means the city won't have to reappraise property every three years.
A member of the public asked how things are going with the Airport. Mr. Miller said there are a
number of issues. The Airport has not provided the city with noise data as they were required to
do. They have also applied to demolish 54 homes this year, and there is no legal way to deny this
application. Mr. Miller said the city has basically cancelled the 3-part agreement with the
Airport. The Airport has also been billed for stormwater charges. The FAA is looking to the
issues. Mr. Miller added that the city will continue to assess the Airport as it feels the Airport
should be assessed. The city doesn't expect to collect any of the "fees for services" for the years
they have not been paid.
Ms. Dopp asked if there is any likelihood the city will collect the stormwater fees. Mr. Miller
said the city has billed them, and they have a right to apply for certain credits. The
Superintendent will make that determination. If the Airport isn't happy, they can appeal. Mr.
Miller stressed that the city is trying to be sure people are paying what they should.
3. Presentation of Proposed School budget for FY2013:
Mr. Cassidy said the total school budget for FY2013 is $42,106,183., which represents a 3.74%
increase.
Highlights of the budget include expanding the one-to-one laptop program to grades 7 and 8, an
increase in special ed students from 241 to 265, a$60,000 savings in custodial services, and bus
route consolidation. Central School will get a new roof and there will be sidewalk, curb and
driveway paving at the Middle School.
Enrollment has been stable, and may go up a small number this year. However, the equalized
student count on which state funding is based is down a bit.
Supt. Young explained how education is funded. He also noted that 60% of the school budget
goes for wages and salaries, 20% for benefits, and 20% for other costs. The School District
currently has 432 employees plus some outside contractors.
Mr. Shaw noted that Governor Shumlin was urging level funding. Mr. Cassidy said that is not
TOWN MEETING
5 MARCH 2012
PAGE 5
possible under existing contracts without cutting deeply into program.
A member of the public asked if the decrease in secondary enrollment is a trend. Mr. Young said
it is a state trend but is not a typical pattern for South Burlington. Mr. Cassidy noted the number
of tuition students coming from the Champlain Islands.
Ms. Dooley asked why the residential tax rate is so much higher than the non-residential. Mr.
Stewart explained that the non-residential rate is the same across the state. This rate is then
divided by the CLA. It helps to create a"level playing field" for businesses and rental units.
A member of the public asked what difference it makes if voters vote on a budget if the state sets
the rate. Mr. Cassidy said the school district determines the per pupil spending.
A member of the public asked whether the district gets any money to subsidize special ed costs.
Mr. Cassidy said there is a lot of federal and state subsidy. He did not know why there was an
increase in the number of special ed students for next year. Supt. Young said there are
individuals in need of support, and that number is increasing.
A member of the public asked if it is possible that the better the job the schools do with special
ed, the more students they will get. Mr. Cassidy said he thought not. He stressed the need to do
what is appropriate for all students.
4. Discussion on Advisory Ballot Article:
Ms. Dooley read the article and explained that it supports a Constitutional amendment denying
corporations"single person" status. The article was presented to the City Council on 25 January
by petition, and the Council voted to place it on the ballot.
A member of the public asked the cost of a constitutional amendment. Mr. Hubbard said the
question is the cost if there is no amendment. He added that the way money is coming into the
political system (96% of Americans don't give any money), it is tipping legislation to "move
money around the plate,"and the ordinary citizen pays for this (e.g., the cost of medications).
Mr. Hubbard added that 51 Vermont communities will be voting on this.
Ms. Dooley then recognized Councilors Emery and Knapp who are completing their terms on the
City Council.
As there was no further business,Ms. Dooley moved to adjourn. Mr. Knapp seconded. The
Town Meeting was adjourned at 8:20 p.m.
Clerk
Minutes of the City Council Meeting
Monday, March 5, 2012
This session following an Executive Session, which was convened to discuss contract
negotiations.
Councilor Greco motioned to exit Executive Session; Councilor Emery seconded; and
it was unanimously approved.
Councilor Greco motioned to open City Council meeting; Councilor Emery seconded;
and it was unanimously approved.
Councilor Greco motioned to adopt a resolution on an addendum to the City
Manager's employment contract, and then read the entirety of this resolution.
Councilor Dooley noted a few typographic errors (changed "these Resolutions" to
"this Resolution.")
Councilor Emery seconded (with the typos corrected). All five City Councilors voted
their approval of this resolution, and signed the Resolution, which is attached and
thereby incorporated into the minutes of this meeting.
Councilor Greco motioned to adjourn the meeting; Councilor Emery seconded; and it
was unanimously approved.
Minutes taken and submitted by the Clerk, Councilor Greco
Clerk
p
RESOLUTION ADOPTING ADDENDUM TO CITY MANAGER EMPLOYMENT CONTRACT
At a meeting of the South Burlington City Council,duly warned, and held on March 5, 2012,the
following Resolution was proposed and adopted by the City Council.
WHEREAS,the City and Sanford Miller have heretofore entered into a contract of employment
engaging Mr.Miller as the City Manager for the City of South Burlington,which was most
recently amended and restated on April 25,2011;and,
WHEREAS,the City Council has provided an evaluation of Mr. Miller's performance as City
Manager through February 2,2012 and has provided the evaluations to Mr.Miller
NOW THEREFORE,be it resolved that the City Council for South Burlington does hereby
amend the contract of employment between Mr.Miller and the City as follows:
1. Current Year Salary Adjustment: Mr.Miller's salary shall be increased by the sum of
Seven Thousand Five Hundred Dollars to an annual salary of One Hundred Seventeen
Thousand Five Hundred Dollars($117,500.00)for the period from July 1,2011 to June
30, 2012. The increase shall apply retroactively,with that portion of the increase that
would have been paid for the period from July 1,2011 to March 5, 2012 to be paid in a
single lump sum payment not later than the next paycheck to be delivered to Mr.Miller.
2. Attendance at Kennedy School of Management:To further enhance the manager's
performance and capabilities,which will provide a direct benefit to the City,Mr.Miller is
authorized to submit an application to and when accepted to enroll in the three week course
offered to senior executives in local or state government at the Harvard Kennedy School or a
similar program for local or state government leaders. The City will pay the tuition/regular
charge for the program. At Mr.Miller's discretion,Mr.Miller may take a full week's
vacation in the week preceding the program and one week's vacation following the course
(for a total of two weeks—provided Mr.Miller has at least two weeks of accrued vacation
time prior to the commencement of the program and with the understanding that this
provision does not affect the formula for accrual of or increase vacation time assigned to Mr.
Miller). Mr.Miller may submit his application for consideration for the program to be held
in the summer of 2013 or later.Mr.Miller will also apply to ICMA for available fellowships
to reduce the cost to the City for the program fees,however,if Mr.Miller does not receive a
fellowship or grant,the City will pay the program fee.
FURTHER RESOLVED,upon the adoption of this Resolution by a vote of at least a majority of
the City Council approving this Resolution,this Resolution shall be deemed,without necessity of
a further writing,to be an addendum to the current employment contract between Mr.Miller
and the City of South Burlington,amending or supplementing only those provisions which are
specifically addressed by the provisions of this Resolution. Except as specifically amended by
this Resolution,all terms and provisions not amended shall remain in full force and effect. In
the event of an apparent conflict between a term or provision of the current employment
contract between Mr.Miller and the City of South Burlington and the provisions of this
Addendum,the terms of this Addendum shall prevail.
FURTHER RESOLVED,should Mr.Miller or the Council determine that a formal amendment
to the contract of employment between Mr.Miller and the City of South Burlington is necessary,
then the provisions of this Resolution shall be incorporated into an amendment,with the advice
of counsel if necessary,and the then current Chair of the City Council is hereby authorized and
directed to execute the amendment when it is prepared. A determination that an amendment to
the contract is required shall have no effect on the validity or enforceability of the provisions of
this Resolution,such amendment being only a formality.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS OF THE ADOPTION OF THE RESOLUTION1 ADOPTING AN ADDENDUM TO
THE CITY MANAGER'S CONTRACT by the City Council of South Burlington on this fifth day of
March,2o3.2,we have subscribed our names to these Resolutions indicating our approval.
/
/ate
Sandra Dooley, Chair Rosanne Greco, Clerk
Meaghan Erricoly,Vice ChairrY P ul Engels,Colin& r
app, oune o
TOWN MEETING 5 MARCH 2012
The South Burlington City Council and School Board held Town Meeting on Monday, 5
March 2012, at 7:00 p.m., in the Cafeteria, Frederick H. Tuttle Middle School, 500 Dorset
Street.
City Council Members Present: S. Dooley, Chair; M. Emery, J. Knapp, P. Engels, R. Greco
School Board Members Present: R. Cassidy, Chair; M. Lalonde, E. Fitzgerald, D. Bugbee, J.
Beatty
Also Present: S. Miller, City Manager; R. Rusten, Deputy City Manager;D. Young,
Superintendent of Schools; J. Stewart, School District; D. Kinville, City Clerk; P. Conner,
Director of Planning&Zoning; Chief T. Whipple,Police Department; Chief D. Brent, Fire
Department; candidates for City Council and School Board seats; members of PACT; P. &B.
Nowak, B French, M. Young, F. Kochman, R. Stevens,R. Hubbard, other members of the public
1. Reading of the Ballot Articles:
Ms. Dooley read the Ballot articles.
2. Presentation of proposed City budget for FY2013 and Town Meeting Day ballot
items:
Mr. Miller said the proposed FY2013 city budget has an increase in expenditures of 7.36%
($1,300,000) and an increase in non-tax revenues of$840,000. This results in a 2.1 cent
increase.
The user fees for water will increase by 2.8%. There is also a special water bond issue from
CWD which will be voted on by all CWD municipalities.
The fees for sewer will increase by 1.5%. The city is building reserves for future capital projects.
There is no rate increase for stormwater.
Mr. Miller then reviewed the major general fund increases in expenditures including:
Capital Improvements $190,000
Undesignated reserve 50,000
Sick leave reserve 99,600
Increase in contingency fund 178,875
Other entity payments 44,000
Increased Library staffing 70,000
Pension Fund Administration 56,000
1
TOWN MEETING
5 MARCH 2012
PAGE 2
Mr. Miller noted that the increase in Library staffing will result in the Library hours being
increased from 49 to 58 hours a week.
This budget also restores a staff position in the highway department.
The city will be upgrading its out-of-date technology over the next few years.
Mr. Miller noted that future purchases of vehicles (e.g., police cars, etc.) will be made in cash
instead of borrowing. This will save money on interest.
This budget includes a dramatic increase in paving projects, about $150,000.
An additional $100,000 will be allocated to the city's pension fund.
Mr. Miller noted that the city continues to address financial difficulties. Non-property tax
revenues that will help in this regard include a new Fire Inspector position, highway impact fees,
a highway paving grant, and asset forfeiture (Police Department).
A member of the public asked if there are any outstanding lawsuits against the city. Mr. Miller
said there are 3 which are related to a former police officer. The city's liability in these cases
will be limited to the insurance deductible ($2500 per claim). The city has hired an attorney to
monitor the defense.
A members of the public asked what the new CWD pipe will do and whether the city saved
money this year because of the very low snowfall. Mr. Miller said the CWD project consists of 2
transmission mains which will result in serving most clients from two directions. With regard to
snow removal/savings, Mr. Miller said the answer is both yes and no. There were a lot of small
events that resulted in icing. This requires dealing with intersections and uses a fair amount of
salt and sand. The good side is that with less use of equipment, there were not many breakdowns
and the use of fewer snow plow blades. Mr. Miller said it is better to have a few big storms than
a lot of little events.
Mr. Young asked about the possible rental or use of the vacant space above the Police Station.
Mr. Miller said the city would like to rent that space and will if it can. There is a possibility that
if the mold problem in City Hall can't be fixed, city offices could move to some of that space.
Mr. French, who lives on Anderson Parkway, said it is very hard to get around when it snows and
the sidewalks aren't plowed. Mr. Miller noted that last year when there were heavy snows, two
of the sidewalk plows were out of commission. The city now has a new sidewalk plow and will
replace another one this year. This will result in improved service. Mr. Miller added that with
all the city development in the past 10 years, no new sidewalk plowing routes have been added.
TOWN MEETING
5 MARCH 2012
PAGE 3
After the equipment is gotten into shape, there will be discussion on whether to add another
route.
Mr. Nowak asked if the impact fees that were mentioned are new or existing. Mr. Miller said the
city is using some of the highway impact fees to help fund the Route 2 project. There have been
no new impact fees in recent years. The city will, however, be looking at these to see if they
cover all that needs to be covered. Mr. Miller explained that impact fees can be used only when
development causes additional need for services.
A member of the public asked who pays the fire impact fee. Mr. Miller said it is paid by anyone
who develops a piece of property,residential or commercial. This cost is then passed on by the
developer to the buyers in the development.
Mr. Young asked about the note in the auditor's management letter regarding a deficit that is
being written off. Mr. Miller said the auditor has endorsed the city's plan for dealing with some
of the prior deficit. Some things can't be written off(e.g., impact fees, donations to the Library,
etc.). In order to fund some of these things, the city has identified about $1,000,000 in additional
billing,mostly related to the Airport Parkway project. These bills were never submitted to the
state. The city has been told that$400,000 will be coming. This is taking longer than usual
because of the destruction of state records by tropical storm Irene. Any money collected beyond
the impact fees and donations will go into the general fund or to utilities.
Mr. Rusten added that in the past money was collected from a variety of sources and was used for
things other than what it was designated for. At times, it looked like the city had a lot of money
when in reality it did not. To address this,more bank accounts have been created so it won't be
easy to move money from"one pot to another." In addition,budgeting wasn't being done
effectively to cover expenses. Systems have now been put in place to prevent this from
happening again. Mr. Rusten noted that with regard to the auditor's management letter, the 23
deficiencies identified in the previous management letter have been reduced to 8 this year.
Mr. Stevens asked why the pension fund is being overfunded. Mr. Miller said there is concern
with market fluctuations that may cause the fund to go below 100%.
Mr. Kochman asked about the constraints on investments for the pension fund and who controls
these investments. Mr. Miller explained there is a Pension Advisory Committee which works
with actuaries and pension fund managers to develop a plan for investment of pension funds.
The City Manager is the Pension Fund Manager as well. If there is disagreement about
investments, the issue goes to the City Council. Mr. Rusten added that a presentation was made
to the Pension Advisory Committee when there was a market"meltdown" a few months back.
That Committee is also getting training in this area. Mr. Engels noted there is also a liquidity
requirement because employees are retiring.
TOWN MEETING
5 MARCH 2012
PAGE 4
Mr. Miller noted that a number of employees and one bargaining unit have been moved to a
VMERS plan, which has resulted in a savings to the city. He also noted that investment and
annual reports are available on the city's website.
Mr. Miller noted that the charter changes voted by the city in the last election will result in voters
voting until a budget is passed. He thanked Legislators for getting this through the legislative
process in record time so it could be in effect for this vote. The Legislature also passed the
other charter change which means the city won't have to reappraise property every three years.
A member of the public asked how things are going with the Airport. Mr. Miller said there are a
number of issues. The Airport has not provided the city with noise data as they were required to
do. They have also applied to demolish 54 homes this year, and there is no legal way to deny this
application. Mr. Miller said the city has basically cancelled the 3-part agreement with the
Airport. The Airport has also been billed for stormwater charges. The FAA is looking to the
issues. Mr. Miller added that the city will continue to assess the Airport as it feels the Airport
should be assessed. The city doesn't expect to collect any of the "fees for services" for the years
they have not been paid.
Ms. Dopp asked if there is any likelihood the city will collect the stormwater fees. Mr. Miller
said the city has billed them, and they have a right to apply for certain credits. The
Superintendent will make that determination. If the Airport isn't happy, they can appeal. Mr.
Miller stressed that the city is trying to be sure people are paying what they should.
3. Presentation of Proposed School budget for FY2013:
Mr. Cassidy said the total school budget for FY2013 is $42,106,183., which represents a 3.74%
increase.
Highlights of the budget include expanding the one-to-one laptop program to grades 7 and 8, an
increase in special ed students from 241 to 265, a$60,000 savings in custodial services, and bus
route consolidation. Central School will get a new roof and there will be sidewalk, curb and
driveway paving at the Middle School.
Enrollment has been stable, and may go up a small number this year. However, the equalized
student count on which state funding is based is down a bit.
Supt. Young explained how education is funded. He also noted that 60% of the school budget
goes for wages and salaries, 20% for benefits, and 20% for other costs. The School District
currently has 432 employees plus some outside contractors.
Mr. Shaw noted that Governor Shumlin was urging level funding. Mr. Cassidy said that is not
TOWN MEETING
5 MARCH 2012
PAGE 5
possible under existing contracts without cutting deeply into program.
A member of the public asked if the decrease in secondary enrollment is a trend. Mr. Young said
it is a state trend but is not a typical pattern for South Burlington. Mr. Cassidy noted the number
of tuition students coming from the Champlain Islands.
Ms. Dooley asked why the residential tax rate is so much higher than the non-residential. Mr.
Stewart explained that the non-residential rate is the same across the state. This rate is then
divided by the CLA. It helps to create a"level playing field" for businesses and rental units.
A member of the public asked what difference it makes if voters vote on a budget if the state sets
the rate. Mr. Cassidy said the school district determines the per pupil spending.
A member of the public asked whether the district gets any money to subsidize special ed costs.
Mr. Cassidy said there is a lot of federal and state subsidy. He did not know why there was an
increase in the number of special ed students for next year. Supt. Young said there are
individuals in need of support, and that number is increasing.
A member of the public asked if it is possible that the better the job the schools do with special
ed, the more students they will get. Mr. Cassidy said he thought not. He stressed the need to do
what is appropriate for all students.
4. Discussion on Advisory Ballot Article:
Ms. Dooley read the article and explained that it supports a Constitutional amendment denying
corporations "single person"status. The article was presented to the City Council on 25 January
by petition, and the Council voted to place it on the ballot.
A member of the public asked the cost of a constitutional amendment. Mr. Hubbard said the
question is the cost if there is no amendment. He added that the way money is coming into the
political system(96%of Americans don't give any money), it is tipping legislation to "move
money around the plate,"and the ordinary citizen pays for this (e.g., the cost of medications).
Mr. Hubbard added that 51 Vermont communities will be voting on this.
Ms. Dooley then recognized Councilors Emery and Knapp who are completing their terms on the
City Council.
As there was no further business, Ms. Dooley moved to adjourn. Mr. Knapp seconded. The
Town Meeting was adjourned at 8:20 p.m.
Clerk
Minutes of the City Council Meeting
Monday, March 5, 2012
This session following an Executive Session, which was convened to discuss contract
negotiations.
Councilor Greco motioned to exit Executive Session; Councilor Emery seconded; and
it was unanimously approved.
Councilor Greco motioned to open City Council meeting; Councilor Emery seconded;
and it was unanimously approved.
Councilor Greco motioned to adopt a resolution on an addendum to the City
Manager's employment contract, and then read the entirety of this resolution.
Councilor Dooley noted a few typographic errors (changed "these Resolutions" to
"this Resolution.")
Councilor Emery seconded (with the typos corrected). All five City Councilors voted
their approval of this resolution, and signed the Resolution, which is attached and
thereby incorporated into the minutes of this meeting.
Councilor Greco motioned to adjourn the meeting; Councilor Emery seconded; and it
was unanimously approved.
Minutes taken and submitted by the Clerk, Councilor Greco
Clerk
RESOLUTION ADOPTING ADDENDUM TO CITY MANAGER EMPLOYMENT CONTRACT
At a meeting of the South Burlington City Council,duly warned, and held on March 5, 2012,the
following Resolution was proposed and adopted by the City Council.
WHEREAS,the City and Sanford Miller have heretofore entered into a contract of employment
engaging Mr. Miller as the City Manager for the City of South Burlington,which was most
recently amended and restated on April 25,2011;and,
WHEREAS,the City Council has provided an evaluation of Mr. Miller's performance as City
Manager through February 2, 2012 and has provided the evaluations to Mr.Miller
NOW THEREFORE,be it resolved that the City Council for South Burlington does hereby
amend the contract of employment between Mr.Miller and the City as follows:
i. Current Year Salary Adjustment: Mr.Miller's salary shall be increased by the sum of
Seven Thousand Five Hundred Dollars to an annual salary of One Hundred Seventeen
Thousand Five Hundred Dollars($117,500.00)for the period from July 1,2011 to June
30, 2012. The increase shall apply retroactively,with that portion of the increase that
would have been paid for the period from July 1,2011 to March 5,2012 to be paid in a
single lump sum payment not later than the next paycheck to be delivered to Mr.Miller.
2. Attendance at Kennedy School of Management:To further enhance the manager's
performance and capabilities,which will provide a direct benefit to the City,Mr.Miller is
authorized to submit an application to and when accepted to enroll in the three week course
offered to senior executives in local or state government at the Harvard Kennedy School or a
similar program for local or state government leaders. The City will pay the tuition/regular
charge for the program. At Mr.Miller's discretion,Mr. Miller may take a full week's
vacation in the week preceding the program and one week's vacation following the course
(for a total of two weeks—provided Mr.Miller has at least two weeks of accrued vacation
time prior to the commencement of the program and with the understanding that this
provision does not affect the formula for accrual of or increase vacation time assigned to Mr.
Miller). Mr.Miller may submit his application for consideration for the program to be held
in the summer of 2013 or later.Mr.Miller will also apply to ICMA for available fellowships
to reduce the cost to the City for the program fees,however,if Mr.Miller does not receive a
fellowship or grant,the City will pay the program fee.
FURTHER RESOLVED,upon the adoption of this Resolution by a vote of at least a majority of
the City Council approving this Resolution,this Resolution shall be deemed,without necessity of
a further writing,to be an addendum to the current employment contract between Mr.Miller
and the City of South Burlington,amending or supplementing only those provisions which are
specifically addressed by the provisions of this Resolution. Except as specifically amended by
this Resolution,all terms and provisions not amended shall remain in full force and effect. In
the event of an apparent conflict between a term or provision of the current employment
contract between Mr. Miller and the City of South Burlington and the provisions of this
Addendum,the terms of this Addendum shall prevail.
FURTHER RESOLVED,should Mr.Miller or the Council determine that a formal amendment
to the contract of employment between Mr.Miller and the City of South Burlington is necessary,
then the provisions of this Resolution shall be incorporated into an amendment,with the advice
of counsel if necessary,and the then current Chair of the City Council is hereby authorized and
directed to execute the amendment when it is prepared. A determination that an amendment to
the contract is required shall have no effect on the validity or enforceability of the provisions of
this Resolution,such amendment being only a formality.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS OF THE ADOPTION OF THE RESOLUTION ADOPTING AN ADDENDUM TO
THE CITY MANAGER'S CONTRACT by the City Council of South Burlington on this fifth day of
March,2012,we have subscribed our names to these Resolutions indicating our approval.
Sandra Dooley, Chair Rosanne Greco,Clerk
Meaghan Er y,Vice Chair P ul Engels,Coune r
ap , oune o
„O AN
®► City of South Burlington
o°®®0 City Clerk's Office
VOTEfp Donna Kinville, City Clerk
111
March 14, 2012
The following 2012 first and second class and tobacco licenses were approved by the South Burlington
Liquor Control Board once the internal process was completed by the City Fire,Tax and Police
Departments.
Business name Description
Queen City Coins, Inc Tobacco only
Rite Aid #10318 Tobacco only
Hudson News (Airport Gift shop) Tobacco only
Burlington Moose Lodge#1618 First class
Doubletree Hotel First class
Franny O's Cabaret
Gracey's Store Second class/Tobacco
Gracey's Liquor Store Second class/Tobacco
Hannaford Food & Drug Second class/Tobacco
Healthy Living Second class
Hong Kong Jade Chinese Restaurant First Class
Interstate Shell Second class/Tobacco
Kinney Drugs Second class/Tobacco
Night Flight, Inc First class
Maplefield's @ Airport Second class/Tobacco
Mill Market& Deli Second class
Short Stop#104 Second class/Tobacco
Uno's Restaurant First class
Van Phan Sports Cabaret
Vermont National Golf Course (2) First class/Tobacco
Vermont Sportsgrill First class
Walgreen's #11526 Second class/Tobacco
Waterfront Catering Group First class
Zen Garden First Class
2
575 Dorset Street South Burlington,VT 05403 802-846-4105 dkinville@sburl.com
Financial Impact Interim Zoning Studies
Steering Committee
Primary Role: The Steering Committee(SC)is to oversee the studies process to ensure the studies meet
the requirements of the Council and they are conducted in an objective data-driven manner.
Tasks of Steer Committee:
• Review study Request for Proposals for thoroughness,appropriateness and that they incorporate
Council's goals and expectations
• Review proposals from consultants and make recommendations to Council as to consultant
selection
• Receive ongoing information from selected consultant(s)to assess that approved studies are kept
on track and meeting specified time frames
• Meet with Council to give timely updates on studies'progress
• Assess whether studies are being conducted in an objective data-driven manner
• Respond to study consultant questions(communicated through City Manager),regarding study
process
• Review draft study final reports prior to Council presentation to determine that studies are
complete and meet all goals of study proposal
Tasks of City Manager in this process:
• Chair Steering Committee
• Work with Council to clarify study goals and expectations
• Recommend possible candidates for Steering Committee membership
• Make initial contacts with study consultants to determine who might be interested and have the
ability to conduct studies
• Upon consultant approval by Council City Manager to review contract and if acceptable sign
contract
• Receive all questions from consultant
• Answer any technical process questions and pass to Steering Committee any broad process
questions
• Schedule time between consultants and appropriate staff
Steering Committee to meet as needed to achieve Role.
At least bi-monthly Steering Committee member(s),chosen by SC,will give update to City Council.
SC will confirm as part of fmal report of hired consultant that the report meets all requirements of
approved proposal. SC will also confirm that study and fmal report was conducted and written in an
objective manner data-driven manner.
SC to have no more than 9 members to include:
• City Manager—chair of Steering Committee
• Planning and Zoning Director
• Representative of Regional Planning Commission(chosen by RPC)
• Representative of either the GBIC or Chamber of Commerce(chosen by them)
• One representative of the developer community,chosen by City Council
• One representative of smart growth community,chosen by City Council
Meeting of the SC will be publically Warned and minutes will be taken of all official meetings
Sandy Miller
From: jim knapp [jimknappvt@gmail.com]
Sent: Monday, March 19, 2012 1:01 PM
To: Sandy Miller
Subject: Preliminary Report on Housing Ad Hoc Committee
Attachments: Committee Organization.doc
Sandy,
I did find the file when I got to work. Here is the beginnings of the report.
I am still in the process of reaching out to people that may be able to help with the
committee's work. If there is a "yes" in the confirmed column, that means that I have spoken
to the participant or have an email indicating that person is willing to help. There are a
few slots for which I either have too many volunteers or have not identified a specific
person. For example, I have too many Realtors(r) but have not been able to identify a banker
or a representative from CHT.
I suspect that it will take until the beginning of April to put together the group of
participants. From there, we will try to agree on a plan for gathering relevant information
and a schedule to consider the import of the information that is collected. By way of an
example, John Simson has a background in economics, works with a consulting firm that has a
model for prediction of housing trends and is working out permission with his employer to
obtain limited access to the model for our use.
Larry Michaels at O'Brien Brothers is presently engaged in a marketing study and has agreed
to share aspects of that study with the committee.
Once we have identified the data the committee will collect, we can establish a schedule of
meetings to consider the import of the data and work on a report.
Jim Knapp
1
Ad Hoc Committee Organization
Study of Housing Opportunities in South Burlington to meet demands for housing for residents of South
Burlington in the near to long term.
Status Report
March 19, 2012.
Goal:
The goal of the ad hoc committee is to study the availability of housing and possible solutions to advance
work-force housing and housing that is affordable for the entire income spectrum of residents in South
Burlington. The scope of the inquiry will consider the impediments to developing housing for the middle
to lower income South Burlington resident,the current inventory and future needs for housing in that
spectrum and possible solutions. If the resources are available the study may look at the current and
projected inventory of housing units,trends in demand for various classes of housing,and the challenges
to meeting the demand.
Participants:
Name Organization Confirmed Contact Info
1 John Simson Yes
2 Larry Michaels O'Brien Bros Yes Larry R. Michaels
Chief Operating Officer
O'Brien Brothers Agency,Inc
P.O.Box 2184
1855 Williston Road
South Burlington,VT 05407
(0)802-658-5000,ext 16
larryaobrienbrothersa•enc .com
3 Joe Larkin Larkin Realty Yes
JoeLarkin@larkinrealty.net
4 Vermont Housing
Finance Agency
5 Champlain Housing Perhaps Councilor Dooley could inquire
Trust who might be available, if anyone, to
participate
6 Bank/Housing Lender Both of these banks have a solid
Looking at either reputation for community based lending
Merchants and and both have good programs for
Northfield Savings funding developers and home
Bank purchasers.
7 Jeff Feussner Homestead Design Yes
jeff(a homestead-desi.n.com
8 Smart Growth I don't have any contacts here, anyone
know someone I can call.
9 Land Owner Ideally this would be the owner of a mid
to large parcel who is not presently
engaged in developing the property
10 Mike Simoneau? Real Estate Agent
Or Linda Sparks
or Charlotte
Gardner
11 Regional Planning or Sandy Miller may be able to help with
ECOS finding someone from the
Rural Bob MacDonald
Development
Required Resources: Undetermined
s Williston Road Complete
0011104 Street Study
Presentation to the City Council
February 21,2012
Chittenden County
Regional Planning Commiss,cn
Presentatio` -S verview "# 3
Project Purpose and Phase I Overview
Study Area and Cross Sections
Traffic Performance Summaries
Entire Corridor(Dorset to Kennedy)
Eastern Segment (Hinesburg to Kennedy)
Conclusions and Recommendations
Next Steps
1
Project Purpose and Phase I Overview
Evaluate the feasibility of a "Complete Streets" concept for
Williston Road—Dorset Street to Kennedy Drive
■ Reduce number of travel lanes from 4 to 3
■Add bike lanes
■ Retain existing roadway width(curb to curb)
■To coincide with planned repaving of US2
Current Phase I:Technical Feasibility of Complete Streets
■Congestion,Capacity and Safety Analyses
■ Develop Schematic Plans
■Steering Committee input
■ Presentations to City Council-decision on next steps
2
Study Area Ft Annual Average Daily Traffic
S
N
West a
/ Segment
3
2
Roadway Cross-Sections
Rryt.IWa--
56.
tT
uExisting Cross-Section
M h Cn
SOe,olt aaen lakek. f.Mtar Noway T2Ataw in. reef 4lfwlk
i. ,ao
COD j
1
Complete Streets Cross-Section:
2 Travel Lanes with Two-Way Left Turn Lane
4
Traffic Performance Summary for Entire Corridor
Implementing Complete Streets for entire study corridor will
create the following conditions:
• Increased Congestion—vehicles can not enter the corridor at various
approaches(e.g., Dorset St, Kennedy Dr)
• Williston Rd/Hinesburg Rd intersection experiences the worst congestion
Long delays and queues at all approaches to the intersection
• Williston Rd/Kennedy Dr goes from an overall LOS C to a LOS F
Long delays and queues for westbound traffic at the intersection
For a Complete Street road cross section to succeed a 39%
reduction in traffic is needed
5
3
Traffic Performance for Eastern Segment
Implementing Complete Streets for only the eastern segment of
the corridor will create the following conditions:
■ Congestion (queues and delays) increases substantially at the Williston
Rd/Hinesburg Rd intersection
■ Delays and queues increase substantially for westbound traffic at
Williston Rd/Kennedy Dr intersection
■ Ingress and egress to side streets and driveways becomes too difficult
Four lanes of travel are condensed into two lanes
Drivers will be forced to accept inadequate gaps in traffic creating unsafe
conditions
6
Conclusions `
Complete streets lane configuration for Williston Rd corridor
(Dorset St to Kennedy Dr) creates significantly more congestion
under 2011 traffic conditions
■ Williston Rd experiences high traffic volumes during PM Peak hours of
travel—a 39%reduction in traffic is required to allow for a Complete Street
cross section
Complete streets lane configuration for the eastern segment
(Hinesburg Rd to Kennedy Dr) creates significantly more
congestion under 2011 traffic conditions
■ The Williston Rd/Hinesburg Rd intersection is the limiting factor in allowing
for a Complete Street cross section
7
4
Conclusions
Additional congestion along Williston Rd. under a complete
street scenario will impact the regional network and is likely to
create a diversion of traffic to other regional facilities such as:
. 1-89&other interchanges
Kennedy Drive
White St/Patchen Rd
There are other improvements that could increase traffic safety,
ease congestion and improve pedestrian travel
8
Recommendations
Pave Market Street & Continue to plan for frontage roads
■ Local roadway connections are crucial to reducing traffic on Williston Rd
Prohibit eastbound left turns onto Patchen Rd
Upgrade pedestrian signals along the corridor (2012 Paving)
Following further evaluation, change lane designation for
westbound traffic at Dorset St
Phase II: Conduct a comprehensive Access Management Plan
for the western segment with participation of all area
businesses and property owners
9
5
Study Process Et Next Steps
Steering Committee Meeting#1:Kick-off(March 2011)
Data Collection(March-April)
Schematic Plans,Traffic Analysis for Current(2011)Conditions and evaluation
of impacts of future improvements
Steering Committee Meeting#2:Present Results of Traffic and Safety Analysis
(June)
Additional Analyses for Eastern Corridor Segment
Steering Committee Meeting#3(September)
City Council Meeting(November 7,2011)
Draft Report available for public comment(February 1st to 21st)
City Council Meeting(February 21st, 2012) < I
�r-�
Final Report(March)
Phase II?
to
Thank You
Comments? Questions?
1f
6
SUSTAINABLE AGRICULTURE/FOOD SECURITY
SUBCOMMITTEE PROPOSAL
19 March 2012
A. Goal of Sustainable Agriculture Subcommittee (SusAg)
Overarching goal is to develop plans and regulations to preserve land in SB for
small-scale farming in order to provide current and future generations with healthy
food.
Specific Objectives include
1. Involving the public through outreach efforts
2. Providing the public with information on SusAg
3. Connecting with the SB schools and the local colleges and universities
4. Identifying prime agricultural soils in South Burlington
5. Determining legal,just and fair methods of using this land for farming
6. Researching methods and best practices used elsewhere
7. Evaluating the environmental impacts of farming
8. Examining the economic impacts of land use for farming
9. Identifying financial backers and investors
10. Involving local, state, and federal entities
11. Drafting land development regulations
B. Membership
Listed below are the organizations and individuals who have offered to work with
the South Burlington Sustainable Agriculture subcommittee to varying degrees, e.g.,
as advisors, consultants, supporters, cheerleaders, interns, researchers, partners.
1. VT Council on Rural Development and VT Working Landscape Partnership
2. VT Community Foundation
3. Shelburne Farms
4. National Gardening Association
5. SB Land Trust
6. UVM Center for Sustainable Agriculture
7. UVM Center or Rural Studies
8. Bread and Butter Farm
9. Common Roots
10.VT Farm to Plate
11. SB Farm to School
12. Chittenden County Regional Planning Commission
13. Burlington Urban Agriculture Task Force
14.The Intervale Center
15.VT Natural Resources Council
16.VT Land Trust (possible)
17.VT Law School Center for Agriculture and Food Systems (possible)
18. Dr David Connor, PhD,Asst Professor, UVM Community Development and
Applied Economics
19. Dan Erickson,Advanced Geospatial Systems, LLC
20. Benjamin Herschel Gelb, UVM student (intern)
21. Cody Renaud, UVM student (intern)
22. Ethan Thompson, UVM student (intern)
23.Jessica Louisos, SB Planning Commission
24. Bill Stuono, SB Development Review Board
25. Betty Milizia, SB Natural Resources Committee
26. Forrest Gardner, Burlington resident (farmer)
27. Betty Goldberg, SB resident
28.Tracey Tapley, SB resident
29. Sophie Quest, SB resident (UVM Horticultural student)
30.Teague O'Connor, Burlington resident, (UVM graduate)
31. Leah Mital-Skiff, SB resident
C. Authority
None
D. Assistance expected from staff or consultants
TBD
Submitted by Rosanne Greco
Chair, SusAg Subcommittee
16 March 2012