HomeMy WebLinkAboutAgenda - City Council - 12/05/2011 if
Alb
gliew**
VERMONT
AGENDA
SOUTH BURLINGTON CITY COUNCIL
City Hall Conference Room
575 Dorset Street
SOUTH BURLINGTON, VERMONT
Steering Committee 6:00pm Monday, Dec. 5, 2011
Pre-Town Meeting 7:00pm Monday, Dec. 5, 2011
Ballot Warning for the Special Election on Dec. 6, 2011
Article I: Shall the voters vote to amend Sections 13-1304(a)and (c)and 13-1309 to delete the two vote limitation on
the number of votes that may be held to approve the annual City and School budgets and the related definition of"net
cost of operations"?
Article II: Shall the voters vote to amend the charter to delete Section 13-1903 regarding reappraisal of taxable
property to allow reappraisals to be conducted in accordance with general State law?
Article Ill: Shall the voters authorize the City Council to: a)acquire,at no cost, a certain 21.27 acre parcel of land
indentified as'Wheeler Park Connection Parcel"on a plan entitled,"Vermont National Country Club, Proposed Land
Exchange Site Plan, South Burlington,Vermont",dated August 2011, last revised October 18,2011,to be added to
Wheeler Nature Park; and b)in exchange for conveying to Highlands Development Company, LLC a certain 6.91
acre parcel of land and a certain .34 acre parcel of land, both identified as"City Parcel"on the above-mentioned plan,
to be subtracted from Wheeler Nature Park with the result being the area contained therein increases from
approximately 105 to approximately 119 acres; and,c)with Highlands Development Company LLC paying to the city
a minimum of$10,000.00 for the creation of trails on and/or the re-vegetation of the 21.27 acre parcel;and d)City
Council convey to a third party, a conservation easement, on Wheeler Nature Park?
Regular Session to Begin Immediately Following Pre-Town Meeting Monday, Dec. 5, 2011
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. Presentation of South Burlington Pension Funding & Investments with Prudential. (Marion Griffin)
5. ***Review draft of Council Meeting Schedule for FY 2013 Budget Discussions, South Burlington Legislative
Breakfasts and Regular Meetings in January through the March Election.
6. ***Consider approval of Capital Equipment Refunding Notes and Resolution for:
Highway Loader
Dump Truck
Trackless Sidewalk Plow
7. ***Review and approve minutes from regular meeting held on Nov 21, 2011.
8. Other Business.
9. Sign disbursement orders.
10. Consider entering executive session to discuss personnel, contract negotiations and litigation.
11. Adjourn.
Respectfully Submitted:
Sanford I. Miller, City Manager ***Attachments Included
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.
southb it-1gt01)
Sanford I.Miller,City Manager
smiller@sburi.corn
rd st
City Council Budget and Meetings Schedule for January 3 through March 6 (FY 2013): Please note all
meetings will begin at 6:00 p.m. Regular meetings start with an Executive Session at 6 p.m. The list
includes departments to be covered Staff expected to attend the respective sessions.
rd
• January 3 -Tuesday-Regular Council Meeting at Chamberlin School.
th
• January 5 -Thursday—Overview of General Fund Expensex&Revenues, Debt, City Council, City
Manager, Legal, Finance, GL/Payroll, Administrative/Insurapce,(Assessing and Tax& Comp. Schedule.
Rusten and Miller
• January 9th -Monday-Public Safety Budgets ir►ciuding Fire, Ambulance and Police. Brent,
Whipple, Miller and Rusten.
• January 11th -Wednesday_The following departments and their"related"":budgets: Recreation
(including any supplemental questions about Parks);Library, Planning, City Clerk/Treasurer. Hubbard, L.
Murphy, Conner, Kinville, Miller and Rusten.
12th
• January -Thursday- Revenues, Expenditures and Debffor Water, Stormwater, Water
Pollution Control plus Public Works and'Parks;Expenditures.'`Rabidoux, DiPietro, Crosby, Miller and
Rusten.
7th st
• January 1 -Tuesday-Second Regular Session Meeting at Orchard School(moved from Jan. 1
due to observance of Martin Luther King, Jr., day), includir3gyBudget Discussion and Update by Miller and
Rusten.
th .
• January 19 Thursday -Capital Budget, "20pit 3p0&"600"accounts. Review of Outstanding
Questions. Summary and Possible Action by CC. Aft;department/division heads are encouraged to
attend.
• February 6`h-.Monday "RegularfClty Council Meeting at City Hall.
• February 21st Tuesday- Regular City Council;Meeting at Central School.
th th
To Be Determined: Joint Meeting with Steering Committee. Anytime between January 20 and the 31
additional meetings could be held by CC and,',not less than 35 days prior to the annual meeting., the
Steering Committee will meet to review both budgets as have been approved by the CC and School
Board.
th
• January 31 -Tuesday -last date for Steering Committee Meeting and, presumably, CC action.
• February 3rd- Friday-Effective last date to post Warning and Public Hearing for Town Meeting
• February 2-Thursday-Budget book proofed to printers.
• February 8-Wednesday-Budget Books to be delivered to Public Work Conf room
• February 9 -Thursday-Budget books mailed to voters.
n
• March 5 -Monday-Pre-Town Meeting/Public Hearing on the budgets at Rick Marcotte Middle
School 7pm.
• March 6th -Tuesday-Annual Meeting and vote.
Respectfully submitted,
Sanford Miller City Manager
n I :�;.4,lW4,f,`v, 1, •\a, i1" %" k ri� 1j m nnuui m�mr�, w,u� i • ` •', :-.4`,Yti 1 w�uu
�w fnm-'. 4�
, N llt ItA
Ir__11q W p=I�/ \= / u u„,, 60;0ll �,iW *N �,,, %t \� ,yy/J um,,vr' U r i
,_ ��. \ 1j •Z> ,-i : . y � � / I7 [i,
it ftis,t
CITY OF SOUTH BURLINGTON � -�
7-11--t \\ ,,,,,,,,,„,
� CAPITAL EQUIPMENT REFUNDING NOTE ///, _?_
,1
r :I---4 -.1,,,,
` �� $27,806.00 iC
'/. All
_���� � Bridgeport,Connecticut\\\\
w,- li-, \
✓� December 13,2011 �1 n
(1,c,,s : On the 12th day of December,2012 for value received,the City of South Burlington promises 1,�. .,-'
��_ x• s 11
\\ rjp to pay PEOPLE'S UNITED BANK the principal sum of: v
tti
),i
�/, TWENTY SEVEN THOUSAND EIGHT HUNDRED AND SIX DOLLARS ********** e�J, ;:O \ �� ' ,gip//D/%� `��
,( "`� with interest at the rate of 2.40%per annum(the "Exempt Rate"),with principal and interest payable in i[1(�� ' �i
k ,, lawful money of the United States at the Main Office of PEOPLE'S UNITED BANK in the City of �kW '
:; //��AI° Bridgeport, Connecticut. The rate of interest payable hereunder is subject to recalculation and payment ��� \�`�i .
_ �5 of a higher rate, retroactive to the date hereof, upon the happening of any event specified in paragraph \ ,�
. \\\--II, (4) of the Resolution of the City of South Burlington dated December 5, 2011, the terms of which are ////� \\
,' (����)` incorporated herein by reference thereto. Further, this note and all sums of money due hereunder shall
1 let* be due and payable at the option of the holder hereof upon the happening of any event specified in
(e%,� .i
/�/ paragraph(4)of said Resolution. ir%)') /
Principal and interest may be prepaid by the Issuer of this note, in whole or in part prior to the e:f _ 1%\
=\\\ above maturitydate,without a penaltybeingassessed,withprior notification beinggiven to the bank. ���/�
,_. )
This note for$27,806.00 is issued to refund a borrowing originally issued for$139,038.00 on r
11,
k. i
y�, December 21, 2009 which was issued to purchase a highway loader. This borrowing has been `1
kr(
%ill
c� authorized by a vote of the City Council of the City of South Burlington at a meeting thereof duly e,,. \\\' 4`
1 - ' noticed,called and held on December 5,2011. Interest on this note will be payable at maturity.
It is hereby certified and recited that all acts, conditions, and things required to be done "y`
1 i�% precedent to and in the issuance of this note have been done,have happened, and have been performed :th.���
\ t_ // t in regular and due form as required by law, and that the full faith and credit of said City of South I�\\\\\\� ir)'
j1 Burlington are hereby irrevocably pledged for payment of this note. J<� �
f/iii P' .
4 ; Dated: December 13, 2011 CITY COUNCIL
0'. \ Mt
(161
,i
( , .
i - -ctzb;\' Treasurer By All or a Majority Thereof 41 :7\ ,
t
/i,i,ity\zil
- 'i( / t,,
/Si m\7 -d _om -, • �""_%,...,sox:na' ..s.+a,,, __...s .a,r• v,,.,, a ..ass ? .-xy, c' ,w -feces--«-.n r— `�/^�/�� 7 4:
I'' � Illy 1".'``, �i„ mom,; r \��I. I ii�n> ' ; n �l ;. l I:a i� yin \ -� -za.'
`t> . nmm�mm�' //Ir I tA\ mnnunnmm //n I N1\��mm�nnnnm��/N \\�rmnnmmmm�/ \��mnnmmmuoa�j �mmm�nmaimaa mnirtun a\am r"II�Itt' "mmno '
.1, 111 ;';"Y1 :;\-k`�'' t i�/,Il fir:•, ' V lIr "1,IOS ��/b t1\j r�/4 • `." lit 104 immm�mn gllNlt i
i
i4 rlil�.-,-N l p . e :♦ .,ti4 HN .;. `� t ., . •-:_ rtti.y1..14. ..,.• "-t k1tr 1 r 1 4! rr�4 S l'
M, a ... r x' sss............................... ...............
_-u>,,. y ,.l,,,v�5 a. - y,.« > t„y �yy�'.- ,aix,, .:w.ar- `'7@'SY fir'^. ? ._....
CITY OF SOUTH BURLINGTON
RESOLUTION
CAPITAL EQUIPMENT REFUNDING BORROWING
WHEREAS,the City Council of the City of South Burlington are authorized and empowered to borrow money on the
credit of the City of South Burlington for purposes of making certain capital equipment purchases, and
WHEREAS,the City of South Burlington has an outstanding debt at the PEOPLE'S UNITED BANK for$55,614.00
payable December 13,2011,and
WHEREAS,the City Council of the City of South Burlington fords it expedient and in the best interest of the City of
South Burlington to borrow the sum of$27,806.00 to refund the outstanding indebtedness by issuing a refunding note for
$27,806.00, and
WHEREAS,the City Council has been and is now providing essential governmental services and funds are needed
to meet accruing costs of the same;
THEREFORE,BE IT RESOLVED that the City Council of the City of South Burlington for and in behalf of said
City of South Burlington issue a refunding note for$27,806.00 from the PEOPLE'S UNITED BANK,the said loan to be
evidenced by a promissory note for$27,806.00 to be signed on behalf of said City of South Burlington by its City Council
and dated December 13,2011 payable to PEOPLE'S UNITED BANK on the 12th day of December,2012,with interest at
the rate of 2.40%per annum.
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 Town, as established by
law; and
WE,the said City Council and Treasurer of the City of South Burlington,hereby certify that we are the duly chosen,
qualified and acting officers as undersigned,that the note is issued pursuant to authority,that no proceeding relating thereto
has been taken other than as shown in the foregoing recital,that no such authority or action has been amended or repealed,
and that there is no litigation threatened or pending in any state or federal court of competent jurisdiction seeking to enjoin
either the issuance of the above described note or the expenditures being financed by the proceeds of the same.
WE further certify that no litigation is pending or threatened affecting the validity of the note or the apportionment
and assessment of taxes 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.
WE further certify that this borrowing of$27,806.00 is for the purpose of refunding a borrowing originally issued for
$139,038.00 on December 21,2009 which was issued to purchase a highway loader.
FURTHER,we hereby certify to and covenant with PEOPLE'S UNITED BANK,its successors and assigns,
including specifically the transferees,assignees,holders and owners of the above-described note,that:
(1) No proceeds of the note(including investment proceeds thereof)will be used(directly or indirectly)in any
trade or business carried on by any person other than the City of South Burlington,nor used to make or finance loans
to any person.
(2) The City of South Burlington will file when and as required with the Treasury Department or the Internal
Revenue Service information returns relating to the issuance of the note and all other obligations of the City of South
Burlington.
(3) That the City of South Burlington qualifies as "Small Issuer"in accordance with the Tax Reform Act of
1986,as it has not or does not reasonably expect to issue more than$5,000,000.00 in debt obligations in the current
calendar year.
(4) The interest charged to and payable by the City of South Burlington under the note shall be recalculated at
the rate of 5.65%, and paid to the holder thereof in any one of the following events:
(a) It shall be determined that the interest paid under said note,or any part thereof,is
included in the gross income to the holder thereof for federal tax purposes.
(b) There shall be any breach by the City of South Burlington of any covenant set forth in
paragraphs(1)-(3)hereof.
WE further certify that we are the duly chosen, qualified and acting officers of the City of South Burlington as
indicated below, and we acknowledge that the foregoing action was taken at a meeting duly noticed,called and held on
December 5, 2011,whereat we were present and voting affirmatively.
Dated: December 5,2011 CITY COUNCIL
Treasurer By All or a Majority Thereof
The foregoing signatures are true and genuine. Attest:
Clerk
WX� i?.,:. T� F �ti:�PfVY 3 . p'
/� ,, rjr ".rye ♦ j 4 •Nps �i'YF ♦ .�
`• 1;'• i141-p i7- 1 •r/`rl':,wuuu " •I*Prn. .,t% . "INA._ �."_vvrv=� rs i;„ d rr .. 1��.r•.�• -� \
-''" -- -91------- ---4 .` 9------- -- --.,: -=--•'• ------ --------.,.. ..d.'- -=-----Pf=--:-----••'''' 497----', ' --- ;,.g)-- L'\""ff
gyii illt �!\ /f✓ .. // ww u \N,.��1��gl/ ,„,,,,uu \\�I�i 1// uuwi iuu�\N1�''''',,4/ xuw a ''auN11P
i--' 5 •�',9% \ \ / % \ \ \ II. /r % •(_, ,4 j � , j W 4 � / 111
/ hit_ / II, \�
CITY OF SOUTH BURLINGTON
\\�� CAPITAL EQUIPMENT REFUNDING NOTE //D/, \'�
L
V
i N� $22,266.00 ;
_///' Bridgeport,Connecticut r-...,,,Iy/61,/December 13,2011 e ;
Asor
IrA\
- fi5) On the 12th day of December,2012 for value received,the City of South Burlington promises PI '�* =
y � to pay PEOPLE'S UNITED BANK the principal sum of: �, ��
- �III
.1, **********TWENTY TWO THOUSAND TWO HUNDRED SIXTY SIX DOLLARS / '�� e,
ji with interest at the rate of 2.40%per annum(the "Exempt Rate"),with principal and interest payable in }d
'Ft, 41' lawful money of the United States at the Main Office of PEOPLE'S UNITED BANK in the City of ( ji ,
y /���. Bridgeport,p Connecticut. The rate of interest payable hereunder is subject to recalculation and payment w ',
of a higher rate, retroactive to the date hereof, upon the happening of any event specified in paragraph G 1,
t. . �\\\11 (4) of the Resolution of the City of South Burlington dated December 5, 2011, the terms of which are I �//
I 0 '_ 1 incorporated herein by reference thereto. Further, this note and all sums of money due hereunder shall G
be due and payable at the option of the holder hereof upon the happening of any event specified in J paragraph(4)of said Resolution. ��
_ Principal and interest may be prepaid by the Issuer of this note, in whole or in part prior to the : i"
. ��\t above maturi date without a enal assessed with notification bein iven to the bank. �o�� rr6�� maturity penalty being priorbeing
(C
. J, ' This note for$22,266.00 is issued to refund a borrowing originally issued for$111,330.00 on — ,
rrtDecember 21, 2008 which was issued Topurchase a 2008 DumpC� ,
%�`//�� Truck. This borrowing has been 1 \\�� _
��: authorized by a vote of the City Council of the City of South Burlington at a meeting thereof duly e . `s w
',\\\�j noticed,called and held on December 5,2011. Interest on this note will be payable at maturity. �Iii ,
It is hereby certified and recited that all acts, conditions, and things required to be done '"ikv .
;_ J) precedent to and in the issuance of this note have been done, have happened, and have been performed
,/,(i in regular and due foam as required by law, and that the full faith and credit of said City of Southd:
i { _ Burlington are herebyirrevocablypledged for payment of this note. \� P g PYn► ��\ � '
,,,..:::\
, I //Gig_?
il ,�
,h Dated: December 13, 2011 CITY COUNCIL
1�� iti
4.4.0:e;
" /� Treasurer
� � By All or a Majority Thereof ��* :, ,
i>z
ia; psi \ ? \
mp
\VV'AOP ikevde.- t.....: 31),
_ � ? ;; �zsa -z sou -6 ,°saavz z - wes . :�- sxl ae. ,— 4 ///1�
11911-in%j/ZIStrk.:27-irflAd,1;-2iigjig:%!-;diP,IIN��` /hr NVA� mm�i n ,� r ��... �hr a\� :: Ih •11A�'� i-fh� uw /llrg1A� mmwnnnm '11�,1"� n �� rrnui �`r��""' l�j1
1 . h r y c ,, ��! N :/e /hr •11\ /b 111i�'"Illy+. CHI .<,. r / �• u �5� ..,,.. � N� r'�m �tt r u 1 ,. �� � .rr �, r
.N•••� _ 3 ♦ : r:1.1 x�... _1 ♦• _ N ' .zsr A.z .9' „-^''3i,,.a;r
�- s. W., — ar _ ,. ai• . 1 r4 r.IS.. t fir.::rl�r� __ �i�i ti..l�
CITY OF SOUTH BURLINGTON
RESOLUTION
CAPITAL EQUIPMENT REFUNDING BORROWING
WHEREAS,the City Council of the City of South Burlington are authorized and empowered to borrow money on the
credit of the City of South Burlington for purposes of making certain capital equipment purchases, and
WHEREAS,the City of South Burlington has an outstanding debt at the PEOPLE'S UNITED BANK for$44,532.00
payable December 13,2011, and
WHEREAS,the City Council of the City of South Burlington finds it expedient and in the best interest of the City of
South Burlington to borrow the sum of$22,266.00 to refund the outstanding indebtedness by issuing a refunding note for
$22,266.00, and
WHEREAS,the City Council has been and is now providing essential governmental services and funds are needed
to meet accruing costs of the same;
THEREFORE,BE IT RESOLVED that the City Council of the City of South Burlington for and in behalf of said
City of South Burlington issue a refunding note for$22,266.00 from the PEOPLE'S UNITED BANK,the said loan to be
evidenced by a promissory note for$22,266.00 to be signed on behalf of said City of South Burlington by its City Council
and dated December 13, 2011 payable to PEOPLE'S UNITED BANK on the 12th day of December, 2012,with interest at
the rate of 2.40%per annum.
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 Town,as established by
law; and
WE,the said City Council and Treasurer of the City of South Burlington,hereby certify that we are the duly chosen,
qualified and acting officers as undersigned,that the note is issued pursuant to authority,that no proceeding relating thereto
has been taken other than as shown in the foregoing recital,that no such authority or action has been amended or repealed,
and that there is no litigation threatened or pending in any state or federal court of competent jurisdiction seeking to enjoin
either the issuance of the above described note or the expenditures being financed by the proceeds of the same.
WE further certify that no litigation is pending or threatened affecting the validity of the note or the apportionment
and assessment of taxes 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.
WE further certify that this borrowing of$22,266.00 is for the purpose of refunding a borrowing originally issued for
$111,330.00 on December 21, 2008 which was issued To purchase a 2008 Dump Truck.
FURTHER,we hereby certify to and covenant with PEOPLE'S UNITED BANK,its successors and assigns,
including specifically the transferees, assignees,holders and owners of the above-described note,that:
(1) No proceeds of the note(including investment proceeds thereof)will be used(directly or indirectly)in any
trade or business carried on by any person other than the City of South Burlington,nor used to make or finance loans
to any person.
•
(2) The City of South Burlington will file when and as required with the Treasury Depaitanent or the Internal
Revenue Service information returns relating to the issuance of the note and all other obligations of the City of South
Burlington.
(3) That the City of South Burlington qualifies as "Small Issuer" in accordance with the Tax Reform Act of
1986, as it has not or does not reasonably expect to issue more than$5,000,000.00 in debt obligations in the current
calendar year.
(4) The interest charged to and payable by the City of South Burlington under the note shall be recalculated at
the rate of 5.65%, and paid to the holder thereof in any one of the following events:
(a) It shall be determined that the interest paid under said note,or any part thereof, is
included in the gross income to the holder thereof for federal tax purposes.
(b) There shall be any breach by the City of South Burlington of any covenant set forth in
paragraphs(1)-(3)hereof.
WE further certify that we are the duly chosen, qualified and acting officers of the City of South Burlington as
indicated below, and we acknowledge that the foregoing action was taken at a meeting duly noticed, called and held on
December 5, 2011,whereat we were present and voting affirmatively.
Dated: December 5, 2011 CITY COUNCIL
Treasurer By All or a Majority Thereof
The foregoing signatures are true and genuine. Attest:
Clerk
rn it -', „M ♦,ti--o'r, ,', ', w`r oy
r+ l tIrl♦1 rr h.,.. r rr .:- ♦ rrlrr >r:- s�♦H�r♦ � ♦ C1rOsri rs 4♦H�N,r .�♦0r1^ 1�i is ? - ♦ 000r
1'� /j/,.•'t__ i r ::"•. 0 .,. i F ..;.. t 9 . 1,.r,4.l 1/i, .-l''. 1 S .; 0 r// 1 .v�Nll// .S`'/ NonuwwwmrtNl mi \Vs W��nunwwuumayi \Hs Illyr• nwum�lNls 'll wuununnu \Ns rll/�uwmm�muuuar�r�i�tls rlm�uwwimuu��11 11 '�" �— ' -
IIIII/T 1 ,, l u�SN `.Iy/i- wmu�S.IN1N1 ,;.
�� ill'r ��'i ��'��i„.I."'9' � �'�1"„�`i - \Wi�i\01I�II��ja� \��//!,"�� '��V�� `%\��G 1I����e \'1 Kf9I'`%�� ��/"Y'ipO lll�cC
„e / � \.,.-.% / \,,. 1. \:. ,,: l am . % \ ;,• %�� �� • % \.:.-..)% l:ab �3 i
a` �/3 CITY OF SOUTH BURLINGTON P.\
r '�--,,, ��1; CAPITAL EQUIPMENT REFUNDING NOTE ,��I// �
/ Z
, (\o �
'
, a $18,100.00 am/
1-7 344 L'S/4 ' Bridgeport,Connecticut ' y� �/ +cy December 132011^ a / \
°� y On the 12th day of December,2012 for value received,the City of South Burlington promises ��5
' = to pay PEOPLE'S UNITED BANK the principal sum of: 1
*************** ***************
_ I? EIGHTEEN THOUSAND ONE HUNDRED DOLLARS 4
ifli i „�� pal/�i �
?1:-:\
�q with interest at the rate of 2.40%per annum(the "Exempt Rate"),with principal and interest payable in E �i':�
,44,11 lawful money of the United States at the Main Office of PEOPLE'S UNITED BANK in the City of (•
4iJ///J ;� Bridgeport, Connecticut. The rate of interest payable hereunder is subject to recalculation and payment ��\ "
_ of a higher rate, retroactive to the date hereof, upon the happening of any event specified in paragraph e(\
" 4 of the Resolution of the City of South Burlington dated December 5, 2011, the terms of which are 1 \
/r '�1) incorporated herein by reference thereto. Further, this note and all sums of money due hereunder shall iiN ; `
1 r` l be due and payable at the option of the holder hereof upon the happening of any event specified in CG\,,
v �� paragraph 4 of said Resolution. � ��
ei_ Principal and interest may be prepaid by the Issuer of this note,in whole or in part prior to the c ` _
\\��I� above maturity date,without a penalty being assessed,with prior notification being given to the bank. ��/�//��
�� %� \1
This note for $18 100.00 is issued to refund a borrowing originally issued for $90,508.00 on T
V ��,/�� December 21ir' , 2007 which was issued To purchase a trackless sidewalk plow. This borrowing has been ,idi 1\.v��'-� �1
s's" �/; authorized by a vote of the City Council of the City of South Burlington at a meeting thereof duly ,
, -:\\\\ noticed,called and held on December 5,2011. Interest on this note will be payable at maturity. 1
`fiei- 4 It is hereby certified and recited that all acts, conditions, and things required to be done , ! 4,'
� ,-7.:7:
V precedent to and in the issuance of this note have been done,have happened, and have been performed ;
// i in regular and due form as required by law, and that the full faith and credit of said City of South N�4
a Burlington are hereby irrevocably pledged for payment of this note.
Dated: December 13,2011 CITY COUNCIL
3 e/
I i,i,,-4,65, 4,:„ ,..,-. _.-_-_ .4:
el':4:1k•-t\ZLI./%\\41-1!:..i::
4
/10
IAA.-)
:N. ‘
‘��/ Treasurer By All or a Majority Thereof ��\
( '',,iN ,S v:,
7:� s�7� yam - - '���'a .,-..R,R...asio� � .-�v �.a �+A_^�� 1
aiiii'fv\\" h 1\ umnwmno mi v t r�1 roil r /A1, �oi,) I.I I i: %` i4, e
fl/, 11111,err;°mmrr���\�� mnrmmnmin/�� ...Apr /ll�mrrmrmmmamn�/qr 1,\\�i ,mnmm�nn r�j/Ih N11 "mrnui�mmmn� //Ir nnmrnmnnma�es�/ nmmmmm^�"' s
6 1 ,),- • � .9♦, 1,: 4. 1 dsc:. ..i/ •. .As . : •:: , �:.. 'kit ''/ N\\• �,'',:: 11 /lllll\. a°�.
♦ IH r t +x � .. 1 .. � a 1 ZOL. '� ,♦•,1 1 1 ♦ N.Z,.. - ♦/ � ♦��.! ��,..,
+. ,�� , ?mow;�"": ,..,.,,,iw \o ....Y y.,,, ,:` sb S!:�:.�:�,r..,: "-Yn <9",�' :.,-.. r �.mu;.'yti,'�,,l..;0"
•
CITY OF SOUTH BURLINGTON
RESOLUTION
CAPITAL EQUIPMENT REFUNDING BORROWING
WHEREAS,the City Council of the City of South Burlington are authorized and empowered to borrow money on the
credit of the City of South Burlington for purposes of making certain capital equipment purchases,and
WHEREAS,the City of South Burlington has an outstanding debt at the PEOPLE'S UNITED BANK for$36,202.00
payable December 13, 2011, and
WHEREAS,the City Council of the City of South Burlington finds it expedient and in the best interest of the City of
South Burlington to borrow the sum of$18,100.00 to refund the outstanding indebtedness by issuing a refunding note for
$18,100.00, and
WHEREAS,the City Council has been and is now providing essential governmental services and funds are needed
to meet accruing costs of the same;
THEREFORE,BE IT RESOLVED that the City Council of the City of South Burlington for and in behalf of said
City of South Burlington issue a refunding note for$18,100.00 from the PEOPLE'S UNITED BANK,the said loan to be
evidenced by a promissory note for$18,100.00 to be signed on behalf of said City of South Burlington by its City Council
and dated December 13,2011 payable to PEOPLE'S UNITED BANK on the 12th day of December, 2012,with interest at
the rate of 2.40%per annum.
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 Town, as established by
law;and
WE,the said City Council and Treasurer of the City of South Burlington,hereby certify that we are the duly chosen,
qualified and acting officers as undersigned,that the note is issued pursuant to authority,that no proceeding relating thereto
has been taken other than as shown in the foregoing recital,that no such authority or action has been amended or repealed,
and that there is no litigation threatened or pending in any state or federal court of competent jurisdiction seeking to enjoin
either the issuance of the above described note or the expenditures being fmanced by the proceeds of the same.
WE further certify that no litigation is pending or threatened affecting the validity of the note or the apportionment
and assessment of taxes 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.
WE further certify that this borrowing of$18,100.00 is for the purpose of refunding a borrowing originally issued for
$90,508.00 on December 21,2007 which was issued To purchase a trackless sidewalk plow.
FURTHER,we hereby certify to and covenant with PEOPLE'S UNITED BANK,its successors and assigns,
including specifically the transferees, assignees,holders and owners of the above-described note,that:
(1) No proceeds of the note(including investment proceeds thereof)will be used(directly or indirectly)in any
trade or business carried on by any person other than the City of South Burlington,nor used to make or finance loans
to any person.
(2) The City of South Burlington will file when and as required with the Treasury Depaitment or the Internal
Revenue Service information returns relating to the issuance of the note and all other obligations of the City of South
Burlington.
(3) That the City of South Burlington qualifies as "Small Issuer"in accordance with the Tax Reform Act of
1986, as it has not or does not reasonably expect to issue more than$5,000,000.00 in debt obligations in the current
calendar year.
(4) The interest charged to and payable by the City of South Burlington under the note shall be recalculated at
the rate of 5.65%, and paid to the holder thereof in any one of the following events:
(a) It shall be determined that the interest paid under said note, or any part thereof, is
included in the gross income to the holder thereof for federal tax purposes.
(b) There shall be any breach by the City of South Burlington of any covenant set forth in
paragraphs(1)-(3)hereof.
WE further certify that we are the duly chosen, qualified and acting officers of the City of South Burlington as
indicated below, and we acknowledge that the foregoing action was taken at a meeting duly noticed,called and held on
December 5, 2011, whereat we were present and voting affirmatively.
Dated: December 5, 2011 CITY COUNCIL
Treasurer By All or a Majority Thereof
The foregoing signatures are true and genuine. Attest:
Clerk
CITY COUNCIL 21 NOVEMBER 2011
The South Burlington City Council held a regular meeting on Monday, 21
November 2011, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset St.
Councilors Present: S. Dooley, Chair; M. Emery, J. Knapp (arrived late), P. Engels, R.
Greco
Also Present: S. Miller, City Manager; R. Rusten, Assistant City Manager; D. Kinville,
City Clerk; P. Conner, Director of Planning & Zoning; J. Rabidoux, Public Works
Director; B. Stuono, M. Young, M. Fowler, J. Little, L. Wilder
1. Executive Session:
Mr. Engels moved the Council meet in executive session to discuss personnel, contract
negotiations, and litigation. Ms. Emery seconded. Motion passed unanimously.
Following the executive session, Mr. Engels moved the Council exit executive session.
Ms. Emery seconded. Motion passed unanimously.
Regular Session:
1. Agenda Review:
No changes were made.
2. Comments & Questions from the Audience, not related to agenda items:
Mr. Young asked if there would be any decisions made after Wednesday's special
executive session. Mr. Miller said he didn't anticipate any. If there are, they will have
to be made in an open session.
3. Announcements & City Manager's Report:
Mr. Engels: Attended the Shelburne Road Corridor Study presentation and found it
excellent. He thanked the Planning Commission and Justin Rabidoux for a great job on
that event and on the City Center planning event.
Has driven the new 3-way stop and found traffic moving very well. People in the
area are very happy with it.
Ms. Greco: Also attended the Shelburne Rd. presentation and Planning& DRB
meetings.
Ms. Emery: Chaired the Channel 17 Board meeting. South Burlington is 7 hours below
its contracted time with Channel 17.
CITY COUNCIL
21 NOVEMBER 2011
PAGE 2
Ms. Dooley: Attended the 2012 Triathlon press conference. Competitions will be on
Saturday and Sunday mornings which it is felt will be less intrusive. One of the awards
from the 2011 Triathlon went to a South Burlington resident in the 40+male division.
His time was lower than the under-40 winner's time. Bill Cimonetti, who was the local
Chair for the event, also received an award.
There will be a call-in program on Channel 17 tomorrow night regarding the 3
ballot items for 6 December.
Mr. Miller: There will be an information meeting sponsored by the South Burlington
Land Trust on 28 November regarding Article 3 on the ballot.
A memorandum of understanding was finalized today to allow the land transfers
in connection with the widening of Route 2.
Bill Cimonetti and others connected with the Triathlon would like to talk with the
Council about the 2012 event.
(Mr. Knapp arrived during the next discussion)
4. First Reading of Draft Land Development Regulations approved by the
Planning Commission; consider scheduling public hearing for 19 December 2011:
Ms. Emery moved to waive the first reading. Mr. Engels seconded. Motion passed 4-0.
Mr. Conner reviewed the work of the Planning Commission. He noted there are about
12 different zoning amendments being proposed. He briefly reviewed these
amendments:
1. Would amend the performance bonding section to comply with state law
(concerns the length of time a bond can be held).
2. Codifies requirements for all submissions to the DRB to be in digital form.
3. Lowers building heights in some cases, eliminates waivers, differentiates the
top story of a building when it is within a roof, requires that new homes be no more than
one story taller than any adjacent home.
4. Gives full responsibility for notifying of abutters to the applicants.
5. Changes use definitions, eliminates other.
CITY COUNCIL
21 NOVEMBER 2011
PAGE 3
6. Technical amendments
7. Establishes a new Transit Overlay District and relates it to certain uses.
8. Minor changes to Conditional Use standards to be consistent with state law.
9. Changes to Non-Conforming Uses to be consistent with state law.
10. Establishes maximum number of dwelling units in a structure in R-1, R-2,
SEQ Residential Districts, QCP
11. Establishes minimum setback for principal structures in a PRD adjacent to
another residential property. The setback must mirror the setback of the adjacent
property.
12. Establishes places of worship as a permitted use, to comply with state law.
Mr. Conner recommended a public hearing for 19 December.
Ms. Greco asked why a 50-foot setback was proposed for#11, which is what the DRB
wanted. Mr. Conner noted the DRB asked for 50 feet with the option to reduce it to
mirror the adjacent property. The City Attorney felt there were no specific standards for
reducing it, and this could lead to legal problems. Mr. Conner also noted that the
Commission will be looking at the whole PRD issue in the future.
Ms. Dooley asked about height limitations in other districts. Mr. Conner said the
Commission decided to tackle these first and further discuss others.
Ms. Emery then moved to set a public hearing on the proposed amendments for 19
December 2011. Mr. Engels seconded. Motion passed unanimously.
5. Consider Approval of Return Check Policy:
Ms. Kinville noted that Mr. Knapp had asked about this policy in relation to state laws.
She said that upon checking, she was told this does not fall under those laws.
Mr. Knapp then moved to approve the Return Check Policy with corrections to dates and
spelling of names. Mr. Engels seconded. Motion passed unanimously.
6. Consider Approval of Agreement on Electric Funds Transfer with the
Merchants Bank:
CITY COUNCIL
21 NOVEMBER 2011
PAGE 4
Ms. Kinville noted that a section was added to indicate that if the city needs to draw more
money than it has on deposit for payroll or a bond payment, it can do that.
Ms. Greco moved to approve the Agreement on Electric Funds Transfer with the
Merchants Bank for the City and Water Department. Mr. Engels seconded. Motion
passed unanimously.
7. Presentation by Vtrans on the Night Time Paving Project of
US2/Williston Road:
Mr. Rabidoux reviewed the history. He noted that night work requires the approval of
the City Council.
Mr. Fowler explained that V-Trans has identified problems that would occur if work were
done during the day, and this would prolong the duration of the project. He said the city
would be better served by allowing night work. Mr. Fowler noted there could be some
noise involved, especially with pavement removal.
V-Trans will coordinate this work with the widening at Staples Plaza. They will be
replacing the top 2 inches of pavement, doing signal upgrades, and sidewalk ramps. It is
a $4,000,000 project.
Ms. Emery asked if they work by"section." Mr. Fowler said that would be driven by
the city layout. He anticipated 500-foot closures at a time,possibly just one lane all the
way.
Ms. Greco asked if any roads would be done during the day. Mr. Fowler said there
would not. Ms. Greco suggested that raised utility covers be flagged. Mr. Fowler said
they will be painted orange. He added they have to be raised until the top course is
down.
Ms. Emery asked how many nights there would be milling. Mr. Fowler estimated 4.
Mr. Rabidoux explained there would be a manager in the field and 3 or 4 inspectors to
insure safety. There will also be a PR officer, hopefully the same one as for the
widening project. Mr. Rusten asked if V-Trans will notify property owners when work
will be done. Mr. Fowler said they will.
Ms. Emery felt that milling work done near the residential area should be done during the
day. She asked that part of the work be done during the day in that area.
Ms. Greco then moved to approve the waiver to allow for night paving with the exception
CITY COUNCIL
21 NOVEMBER 2011
PAGE 5
of milling work between the eastern boundary of the Rotisserie and the western boundary
of Kinney Drug which work should be done during the day. Mr. Engels seconded.
Motion passed unanimously.
8. Review and Approve Minutes of 7 November and Special Meeting of 17
November 2011:
Ms. Dooley noted that in the minutes of 7 November, it was she who read the press
release (p. 1).
It was noted that as there were 2 Mr. Smiths making presentations, the Minutes should
show that Mr. Mike Smith made the presentation in Item #7 and Mr. Mark Smith made
the presentation in Item #8.
On p. 9, it was noted that the item related to the Skating Association should indicate that
a resolution relating to issues would be considered by the Association at a meeting the
next day.
In the Minutes of the Special Meeting of 17 November, it was noted that the motion
should authorize the City Manager and City Council Chair to execute the agreement.
Ms. Greco moved to approve the Minutes of 7 November and 17 November 2011 as
amended. Ms. Emery seconded. Motion passed unanimously.
9. Other Business:
No issues were raised.
10. Sign Disbursement Orders:
Disbursement orders were signed.
11. Executive Session:
Ms. Emery moved that the Council meet in executive session to discuss personnel,
contract negotiations and litigation and to resume regular session only for the purpose of
adjournment. Mr. Knapp seconded. Motion passed unanimously.
12. Resume Regular Session:
Council returned to regular session. As there was no further business Mr. Knapp moved
for Council adjournment. Ms. Dooley seconded. Motion passed unanimously.
Council adjourned.
Clerk