HomeMy WebLinkAboutMinutes - City Council - 10/17/2011 (2) 40
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VERMONT
AGENDA
SOUTH BURLINGTON CITY COUNCIL
City Hall Conference Room
575 Dorset Street
SOUTH BURLINGTON, VERMONT
Executive Session 6:30pm Monday, Oct. 17, 2011
Consider entering executive session to discuss personnel, contract negotiations and litigation.
Regular Session 7:00 P.M. Monday, Oct. 17, 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 awards for years of service on Council, Boards, Commissions, & Committees:
- Former City Councilors: Mark Boucher and Francis Murray
- Former Board, Commission and Committee Members: Randall Kay, John Dinklage, Ethel
Schuele, William Wessel, Marcel Beaudin, Timothy Barritt, Gayle Quimby, William Cimonetti,
Joseph Hameline and Rosemary Perkett
5. ***Public Hearing on Amendments to the City Charter, Amend Sections 13-1304(c) & 13-1309,
Delete Section 13-1903; second reading of same.
6. Special Election Dec 6, 2011 — Ballot/Warnina Actual Language (to be finalized).
7. ***Consider approval of the Municipal Planning Grant FY 2012: Capital Budget & TIF Support.
(Paul Conner, Planning &Zoning Director).
8. ***First reading of Amendments to the Motor Vehicle Ordinance, Section 25 addition of a three
stop at Farrell and Eastwood Drive-schedule Public Hearing for Nov. 7th (Justin Rabidoux, Public
Works Director).
9. ***Discuss Proposed Draft Motor Vehicle Ordinances Changes and Offenses and Miscellaneous
Provisions Ordinance To Get Sense From Council Whether to Pursue. (Trevor Whipple, Police
Chief).
10. ***Consider approval of Return Check Policy. (Donna Kinville, City Treasurer)
11. ***Consider approval of the Attendance Policy for Boards, Commissions, & Committees.
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NOTICE OF PUBLIC HEARINGS
ON PROPOSED CITY CHARTER AMENDMENTS
CITY OF SOUTH BURLINGTON
The Council of the City of South Burlington hereby gives
notice that public hearings will be held on October 3rd and 17tn,
2011, both hearings to begin at 7 :00 PM and to be held at the
South Burlington City Hall at 575 Dorset Street to consider
proposed amendments to the charter for the City of South
Burlington, which provide, in substance, as follows:
PROPOSED CITY CHARTER AMENDMENTS
1. To amend Sections 13-1304 (c) and 13-1309 to delete the
two vote limitation on the number of City votes that may be held
to approve the annual City budget and the related definition of
"net cost of operations".
2 . To delete Section 13-1903 regarding reappraisal of
taxable property to allow reappraisals to be conducted in
accordance with general State law.
The complete text of these amendments is available for review on
the City's Web Site, www. sburl.com, and at the City Offices at
575 Dorset Street during normal business hours .
Dated at South Burlington, Vermont this 1' day of
September, 2011 .
CITY OF SOUTH BURLINGTON
Sanford Miller
City Manager
Received and posted this 1st day of September, 2011.
Donna Kinvi le,
City Clerk
Subscribed and sworn to me
this lst f September, 2011
otary ub is
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Sanford I.Miller,City Manager
smilfer@sburl.com
MEMORANDUM
To: Charter Committee
From: Sanford I.Miller, City Manager SS.M
Re: Draft Language for Potential Charter Changes
Date: August 31,2011
After the August 22"d Charter Committee meeting, City Staff consulted with the City Attorney to ensure
that all the deadlines are met to move the Charter changes to a vote on November 8th. During this
conversation it was discovered there must be a warning notifying the citizens of a Public Hearing posted
around the City for at least 30 days prior to that first public hearing. Therefore,due to the shortness of
the time to meet the 30 day statue requirement and still be able to hold the first public hearing on
October 3,the Public Hearing Warning must be posted around the City by Friday, September 2"d
According to the City Attorney this section of State Statute is routinely missed by many municipalities
and by the time the error is discovered it is too late to correct. By reviewing the timeline to ensure
compliance with Statutes we identified the potential problem and propose the following to insure all
requirements are met.
The Warning has to include proposed wording which will be discussed at the first Public Hearing. The
Charter Committee asked City Staff to draft language for the possible Charter changes. The language
below,which is what we intend to recommend to the Charter Committee, contains a simple statement
regarding voting on the budget and deletes the remainder of two sections related to the budget votes
and also eliminates all language in the section related to the three year reappraisal period. This has
been reviewed and approved by the City Attorney. If,at its September 12th meeting, the Charter
Committee decides upon different language than what is presented here, the Committee can present its
language to City Council for consideration at the first public meeting on October 3rd
Attached you will also find a draft Resolution prepared by the City Attorney to accompany this memo.
This is what we expect will go on the City Council agenda Tuesday,September 6th
government.
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Section 13-1903 needs to be stricken and no wording put in its place.
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southburlington
PLANNING & ZONING
MEMORANDUM
TO: South Burlington City Council & City Manager
FROM: South Burlington Planning Commission
Paul Conner, Director of Planning &Zoning PC-
SUBJECT: Proposed 2012 Municipal Planning Grant application: Capital Budget &
Program and Tax Increment Financing
DATE: October 18, 2011 City Council meeting
Once again this year the State has made available funding for towns and cities to undertake
planning activities. Just as with the last couple of rounds, however, the funding has been cut in
half to a maximum of$400,000 statewide.
This year, we are recommending that the city apply for the maximum $15,000 award (plus a
required $3,500 local match) to update and enhance the city's Capital Budget and Program
(CBP) and possibly begin work on the Tax Increment Finance (TIF) District. The need for this
updated CBP was identified multiple times in the creation of the Comprehensive Plan over the
past year. The CPB is a tool for effectively planning out and budgeting for infrastructure and
capital projects, including vehicles, roadways, parking garages,parks, creation paths, etc. Work
on a TIF District would be secondary to the Capital Budget and Program and may be classified
by the state as related, or as unrelated (and therefore ineligible).
The Planning Commission considered this application at their October 12th meeting and voted
unanimously to approve the application and recommend the Council authorize submittal of the
application as well.
These grant funds would be used for either a consultant or for a portion of a staff member's
work. The project will likely be managed by a newly-established position with the city that was
recently advertized. This will help ensure that the work does not interfere with other scheduled
planning projects and that staff will have the capacity to undertake it.
The State awards these grants based on a series of competitive criteria. Those include:
application quality, work plan & budget, linkage to comprehensive plan, citizen participation,
statewide priorities, and bonus points.
Of particular note for us are the statewide priorities, which in 2011 includes infrastructure
planning, and the bonus points, which we would qualify for as the project relates to our New
Town Center in the City Center area.
We have two currently active grants—the natural resources zoning project and our city center/
Williston road form-based code project. As a result, one of our challenges this year will be to
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
City Of South Burlington, Grant Request Form
Prior to applying for a grant please complete this form and submit to Assistant City Manager..
Please submit at least two weeks prior to City Council approval meeting. Extenuating circumstances which do not permit two
weeks notice should be brought to the attention of the Assistant City Manager as soon as possible.
Please attach actual grant application form—either blank or completed
Paul Conner, Director of Planning& Zoning September 30, 2011
Name and title of person completing this form(Project Manager) Date
1. Name/title of grant and submittal deadline date:
Municipal Planning Grant FY 2012: Capital Budget& TIF Support.Deadline Oct 31,2011
2. What specifically is the grant's purpose?
To provide funding for the City to engage support for development of a Capital Budget and Program
and/or Tax Increment Finance District
3. What does the grant fund and not fund(be specific)?
Planning work for these documents.We are applying in a manner that allows us to potentially use
either consulting or staff time,with the understanding that we're not"supplanting".
4. Total Project Cost:
a. Amount of grant: $15,000 plus the$3,500 match
b. Is there a City match required,how much and in what fiscal year(s)?$3,500 in either FY 12 or FY
13
c. Are there other grants"tied into"or being used as a match for this grant of which are matching
funds for this grant?No.
5. From what budget line will match be paid, and is there unencumbered money to pay it?From the
Contingency/Grants fund.
6. Is there a cost to the city upon grant conclusion, and if yes,please describe?These funds will likely not
cover all costs of developing these documents. Costs to city afterwards will be ongoing maintenance
of the Capital Budget& Plan.
7. Is grant for stand alone project, and if no,how does grant fit into another project(describe in some detail)?
These two documents tie closely into overall municipal budgeting and prioritization and to City
Center programs such as Market Street and others.
8. Length of grant-will the grant cross fiscal year(s)?Performance period will likely be December 2011 to
May 2013 (FY 12 & FY 13)
9. Who will apply for grant (name/title)?Formally,the Grant must be submitted by the City Manager or
Assistant City Manager.Paul Conner will prepare grant application with possible support from
Kelly Murphy.
10. How much time will it take to complete grant application form? 1-1.5 days
11. How likely is it that we will receive grant?This is a relatively competitive grant program,but the city
has been successful in 10 of the past 11 years.
12. Who will manage(project manager)grant and grant paperwork if approved(if different person than who is
filling out this form), what are any grant compliance requirements,how much time will this take and how is
that time available? Are there funds available in the grant to pay for our administrative costs? Can in-kind
service be used as part of the City match?Project manager would likely be the new position,but could
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southlourlington
PUBLIC WORKS
MEMO
To: City Council
From: Justin Rabidoux,Director/
,,'
Date: October 13,2011
Re: Three-Way Stop Sign—Farrell Street and Eastwood Drive Intersection
Recent City Council discussions have centered on the referenced intersection's safety and
operation for both pedestrians and vehicles.Presently,the intersection is only stop controlled for
the southbound approach.Staff had proposed a solution of installing a three-way stop sign to
control all approaches.Council instructed staff to prepare draft language to legally implement the.
new stop signs.
Please find enclosed a proposed addition to the City's Motor Vehicle and Traffic Regulations for
a three-way stop sign at the intersection of Farrell Street and Eastwood Drive. Staff's
recommendation is to warn a Public Hearing for the November 7 City Council meeting to
consider this addition to the regulations.
575 Dorset Street South Burlington, VT 05403 tel 802.658_7961 fax 802:6S8.7976'www.sburt.com
Physical Address. 104 Landfill Road South Burlington
MOTOR VEHICLE AND TRAFFIC REGULATION ORDINANCE
CITY OF SOUTH BURLINGTON, VERMONT 10/17/11
SECTION 1.
Operators of vehicles shall exercise due care and shall keep to the
right of the center of the roadway so as to meet other vehicles without
interference. Rev. 4/28/58.
SECTION 2.
Except as hereinafter provided, all vehicles shall give the right of
way to other vehicles approaching at intersecting roadways from the right,
and shall have right of way over those approaching from the left;provided
that plainly designated ambulances,. police and fire department vehicles,
when using a siren and/or a colored signal light, shall at all times have the
right of way over other vehicles -when such vehicles approach and are using
their siren and/or a colored signal light, all other vehicles must pull over to the
right and stop. It is further provided that wherever traffic officers are
stationed, they shall have fall power to regulate traffic irrespective of the
foregoing provisions. Rev. 10/5/04.
SECTION 3.
All intersecting highways shall be approached and entered slowly and
with due care to avoid accidents. In making a turn to the right into an
intersecting roadway, vehicles shall keep to the right of the center of both
intersecting roadways and close to the right-hand side of the same. In
making a turn to the left into an intersecting roadway, the operator shall
cause his vehicle to pass to the right of and beyond the center of the
roadway intersection before turning. Rev. 4/28/58.
SECTION 4.
The operator of a motor vehicle, before changing his direction or
materially slackening his speed, shall give a warning of his intention with
such hand signal as the Commissioner of Motor Vehicles may prescribe, or
with a mechanical or lighting device approved by such commissioner. Rev.
4/28/58.
SECTION 5.
No operator of a motor vehicle may proceed beyond a stop sign
without first bringing the vehicle to a full and complete stop at the sign, and
looking to see that the way is clear. Rev. 4/28/58.
SECTION 6
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SECTION 13.
No perso '' l r of hivehicle on any street
i h.r ;i: alley. Rev.
1/28/58. Incorporated in to Section 52 9/1/11
SECTION 14.
. Incorporated in Section 52
9/1/11
SECTION 15
No person shall put, place or park any vehicle on any public street for
the purpose of selling or renting the same or for the purpose of displaying
or advertising the same for sale or rent. Rev. 4/28/58.
SECTION 16.
No vehicles shall be driven along or upon any sidewalk within the City.
Rev. 4/28/58.
SECTION 17.
Owners, managers and proprietors of automobile garages and
automobile salesrooms and/or sales lots are prohibited from using any
public street in the City for the purpose of making repairs on or for the
washing of automobiles. Rev. 4/28/58.
SECTION 18.
The City Manager, with the approval of the City Council, shall have
authority to regulate and manage vehicle traffic on all public streets and to
designate the method of parking motor and other vehicles in streets where
permitted, all in accordance with the provisions of these ordinances. In case
of emergency, police officers in regulating traffic may depart temporarily as
far as may be necessary from the traffic regulations of this chapter. Rev.
4/28/58.
SECTION 19.
The driver or operator of any vehicle shall at all times comply with
any direction by voice, hand, or sign of any member of the police
department as to stopping, starting or slowing down his vehicle,
approaching or departing from any place and the manner of taking up or
setting down passengers or loading or unloading goods in any place, and
shall comply with the instructions and directions of all official traffic
signs, unless directed otherwise by a member of the police department.
Rev. 4/28/58, 9/1/11
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The Highway Police Department shall conspicuously place suitable "STOP"
signs in and near the areas affected by the provisions of this section, and action
hereunder.
Harbor Ridge Road.
designated-as "STOP" street (s)
.. ,
3. Allen Read and Spear Street(4/15/68)
1. Tanglcwood Drive and Laurel Hill Drive
Black T .....ter.n T .. n T .. _1 H l D
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6. Woodbine Street and Elsom Parkway
7. Mayfair Street and Elsom Parkway
8. Pine Street and Patchen Road
Charles Street and White Street
10. Maplewood Drive and White Strcct
11. Airport Parkway and White Strcct
12. Dumont Avenue and White Street
13. Cottage Grove Avenue and White Strcct
14. Myers Court and White Strcct
15. Suburban Square and White Street
-1-67----Berber—T-erraee-aftd-White-street
1 7. P ers ri--Te ace andd-White Streei
18. Delaware Street and White Strcct
19. Maryland Street and Airport Drive
20. Lcdoux Court and Airport Drive
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12121/92. Amended 118/01.Amended 9/1/11
***Drafting note only w-Location of stop signs shall be authorized by a city
council resolution. A list of approved signs shall be placed on file with the
city clerk.
SECTION 26.
The Police Highway Department shall conspicuously place suitably
marked signs in and near the areas affected by the parking regulations of this
chapter. Rev. 4/28/58, 91/1/11
SECTION 27.
The City Manager, with the approval of the City Council, may regulate the
manner of parking any vehicle, in places where parking is permitted by this chapter,
by causing parking spaces for vehicles to be marked off or painted on the pavement
of the street in the areas affected, and no person, in places where such spaces are
marked off or painted for the parking of vehicles, shall park any vehicle otherwise
than wholly within a space so marked off or painted.
Rev. 4/28/58.
SECTION 28.
solicit aid in the a vent of L here is a bona fide case of sickness
in which an emergency exists.Rev. 4/28/58.Rcpcalcd 9/1/11Moved to proposed
city ordinances Section 12
SECTION 29.
The Chief of Police is hereby directed and authorized to remove or cause to
be removed any vehicle found parked on any street in the City so as to interfere with
the plowing or removal of snow from any such street between December 1 in each
year and the ensuing first day of April. The expense of the removal shall be borne and
paid for by the owner or owners of any such vehicle so removed.
The Chief of Police is further directed and authorized to remove or cause
to be removed from any street in the City any other vehicle found illegally parked
thereon. Rev. 4/28/58
SECTION 30.
The City Manager, with the approval of the City Council, is hereby
empowered from time to time to establish police regulations governing:
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City the record of any vehicle which shall remain unclaimed for a period of
five days. Rev. 4/28/58, 9/1/11. (drafting note-removed strike out from first
draft. Language seems to follow state law.)
SECTION 35.
Before the owner shall be permitted to reclaim a vehicle which has been removed
pursuant to Section 31 or Section 34, he shall:
(a) Furnish satisfactory evidence to the Chief of Police or to the
owner or person in charge of such public garage of his identity and of his
ownership of such vehicle.
(b) Pay to the Police Department or to the garage or towing
facility the fees specified in Section 36 of this Article.
(c) Sign a written receipt acknowledging delivery of the vehicle. Rev.
4/28/58; amended 3/17/86.
SECTION 36.
Towing charges made or incurred under this provision shall not exceed
an amount set by the City Council by means of a resolution. Said resolution
shall be placed on file with the city clerk. Parking or storing charges made or
incurred under this ordinance shall not exceed an amount set by the City
Council by means of a resolution. Said resolution shall be placed on file with
the city clerk. These fees shall be the sole responsibility of the registered
owner of the vehicle. Rev. 4/28/58; amended 3/17/86, 9/1/11.
SECTION 37.
The owner of a motor vehicle towed pursuant to this ordinance shall
pay towing and storage charges in an amount established by the City Council
by resolution. Said resolution shall be placed on file with the city clerk. Such
charges shall be a lien imposed on the motor vehicle and its owner.
i1 aeeo'Fjf19'1ee wit}1Seetio 37 of th• n �7• •-.] S t_'___ 8 /` 1 r•
--- ^--�-�»���� ..aa� v�� i Vii✓/ Vl 1111J Vl�l -
violations of bier c f_______e ordinances.
Maximum t, ng f e$n 9 00 Maximum storage per day fee$ 5.00
Rev. 4/28/58; amended
12117/90Amended 9/1/11 (see
resolution at A/31)
SECTION 38.
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any time at a rate of speed greater than that indicated below:
35 miles per hour from the Burlington-South Burlington line
for a distance of.9 miles south.
40 miles per hour from the end of the 35 mile per hour zone for a
distance of.8 miles to the Shelburne- South Burlington line. Added
6/3/74.
(e) No motor vehicle shall be operated upon WILLISTON ROAD at
any time at a rate of speed greater than that indicated below:
35 miles per hour from the South Burlington-Burlington City line,
east to MILHAM COURT.
40 miles per hour from the end of the 35 mile per hour zone to the
South Burlington-Williston line. Added 6/3/74, Amended 01/14/05.
(f) The following speed limits on the following designated streets are hereby
established:
A maximum speed of twenty-five (25)miles per/hour On:
Airport Parkway from its intersection with White Street to a point Eve
hundred feet north of Kirby Road. Added 3/5/90.
Airport Parkway from 1240 Airport Parkway north to Limekiln Bridge.
Added 3/5/90; amended 5/7/90.
White Street from its intersection with Airport Drive to its
intersection with Williston Road. Added 3/5/90.
Kirby Road from its intersection with Patchen Road to its intersection with
Airport Parkway. Added 3/5/90.
Airport Drive from its intersection with Williston Road to its intersection with
White Street. Added 3/5/90.
Patchen Road from its intersection with Williston Road to the Burlington
City line. Added 3/5/90.
(Section to be reserved.) Added 3/5/90 (See 3/5/90 resolution); amended 5/2/94.
Imperial Drive. Added 7/1/91.
Worth Street. Added 7/1/91.
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Harbor View Road.Added 7/1/91.
(2) A maximum speed of thirty-five (35) miles per/hour on:
Airport Parkway from a point five hundred feet north of its intersection
with Kirby Road to 1240 Airport Parkway. Added 3/5/90.
Dorset Street from its intersection with Williston Road to its intersection
with Swift Street. Added 3/5/90; amended 5'2/94.
Van Sicklen Road. Added 5/7/90.
Swift Street. Added 5/7/90.
Cheesefactory Road. Added 5/7/90.
Allen Road. Added 5/7/90.
Spear Street from its intersection with Quarry Hill Road to the Shelburne
Town line. Added 5/7/90.
A maximum speed of forty(40) miles per/hour On:
Dorset Street from its intersection with Swift Street to the Shelburne
Town line. Added 3/5/90.
Kimball Avenue. Added 3/5/90 and 5/7/90; amended 5.2/94.
Kennedy Drive. (Added 9/1/11)
SECTION 41.
for 2.311 miles and known as U.S. No. 2(Williston Road) is dcsignatcd as a
I TIall '" }an rl ar Sll lt�'lnritj uuivu iu ylili
1957. Rev. 4/28/58.Repealed 9/1/11
SECTION 42.
ate Aid Highway No. 1,
the City of South Burlington, is hereby designated a
four lane highway. The City Manager is hereby instructed to notify from time to
U.S.
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h Burlington is a four
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Spear Street and Allen Road (added 9/1/11)
Farrell Street fa S ft S4
feet
By Amendment 2/7/00
The City Manager, with the-approval of the-City Council,may erect traffic lights in
B. Meaning of signals.
Whenever traffic is controlled by traffic-control signals,exhibiting the words "Go,"
"Caution," or "Stop," or exhibiting different colored lights successively one at a time,
or with arrows, the following colors only shall be used and said terms and light shall
indicate and apply to drivers of vehicles and pedestrians, as follows. If a separate
pedestrian control signal exists a pedestrian must follow the instructions on the
pedestrian signal:
(1) Green alone or "Go."
(A) Vehicular traffic facing the signal, except when prohibited by law
from passing a stopped school bus, may proceed straight through or turn right or left
unless a sign at such place prohibits either such turn; But vehicular traffic, including
vehicles turning right or left, shall yield the right of way to other vehicles and to
pedestrians lawfully within the intersection at the time such signal is exhibited.
(B) Pedestrians facing the signal may proceed across the roadway.
(2) Yellow alone or "Caution" when shown following the green or "Go" signal.
(A) Vehicular traffic facing the signal is thereby warned that the red or
"Stop" signal will be exhibited immediately thereafter and such vehicular traffic shall
not enter or be crossing the intersection when the red or "Stop" signal is exhibited.
(B) No pedestrian facing such signal shall enter the roadway unless
he can do so safely and without interfering with any vehicular traffic.
(3) Red alone or "Stop."
(A) Vehicular traffic facing the signal shall stop before entering
the crosswalk on the near side of the intersection or, if none, then before entering
the intersection, and shall remain standing until green or "Go" is shown alone.
(B) No pedestrian facing such signal shall enter the roadway
unless he can do so safely and without interfering with any vehicular traffic.
(4) Red with green arrow.
(A) Vehicular traffic facing such signal may cautiously enter the
intersection only to make the movement indicated by such arrow but shall yield
the right of way to pedestrians and to other traffic lawfully using the intersection.
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The west side of Dorset Street from Williston Road to Swift
Strcet. (Resolution dated 9/16/68)
The west side of Patchen Road_(9/16/68)
The west side of Airport Parkway. (9/16/68)
The north side of White Street. (9/16/68)
Imperial Drive. (4115/68)
Airport Circle. (4/15/68)
That "NO PARKING" signss be installed along the west side of Spear Street
from Williston Road to F.A.I. 189; and on the cast side of Spear Street from
That"NO PARKING" signs be installed on Shaw Avenue, Pleasant Avenue
`a` -Rot •dc3 of D..mont verue from the intersection of White Street
�u� Lvui oiu�
northerly for a distance of six hundred (600) feet, designated as "NO
PARKING 1:00AM to 7:00 'AM". (Resolution dated 5116188)
of-Maryland StreGGt from Dela S4 t 4 tL. 1
designated as "NO PARKING 1:00 AM to 7:00 AM". (Resolution
dated 11' 17/86)
(c) The entrance to Valley Ridge development from Patehcn Road.
designated as "NO PARKING" for a distance of sixty (60) feet to the south
and for a distance of thirty (30) feet to the north of said entrance.
(Resolution dated 10/1/84)
(e) The south side of Joy Drive from its intersection with Farrell Street
for a distance, easterly of five hundred (500) feet, and the easterly side of
Farrell Street from Hadley Road southerly to the FAI 189 overpass,
designated as "NO PARKING". (Resolution dated 12/5/83)
(f) Both sides of Maryland Street from Delaware Street to Airport
TOW AWAY ZONE" and the south side, designated as "NO PARKING
1:00 AM to 7:00 AM". (Resolution dated 4/23/84)
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(s) Both side of that portion of Stonchedge Drive that commences at the
uth 130 feet to the
entrance to the "I" units. (Added 10/1.7194)
(t) Both sides of Dorset Street beginning at the intersection of Grandvicw
p �yu1L Vll
intersection o= 3et--Saeet and Swift Street. (5/1195)
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ugust on
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--- ••��. ..+.�� va ��aa�a Hi 1 iY V11lAV 11 Vlll
Park entrance. (3/4/96)
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y vehicle on the
+ •+ + +• '+t C+L 1L
1� tea.It ut�ul llJ
Road and extending cas -
(w) No person shall park, or permit to stand, any vehicle on the cast side of
Airport Driv
b � lvl ul�uv
Si t- eet!Airport Drive-itltersectio + a• .-+t. ,7' + f 260 r t
1- v�wuuuls 1 -
end of Airport Drive from 9:nn Pr,r to 6:00 A A R l time. (7115/96)
(x) The south side of Proctor Avcnuc beginning at the intersection of
Shelbur Roe ` ding ` a ` ' usand three hundred
1 111V 1111ar1J
o the entrance of Rice
High School. (1017/96)
cast 250 feet: on the
(T,[) Ti a Dort}}-slnfl-ao th sides of H ' `s Road e +`t' ti `
(1000). (12/16196)
( a) n« th, eft •a f S ft S+ with
.e�t llaJlll thz ==`�ct:ienDer-set Strcct
the Dorset Strcct intersection; and
lvenuc 160 feet easterly from the
Grrandyiew Driy -7 D t St + ,7 +t a ,
1JVC
19
10/6/69)Repealed
SECTION 48
Blocking intersections
A. No operator of a motor vehicle, other than a tractor trailer unit, as defined in
Vermont Statutes Annotated Title 23 § 4, shall proceed in to an intersection of
any public way, except when making a turn, unless there is sufficient space on
the opposite side of the intersection to accommodate such motor vehicle
without obstructing the passage of other vehicles or pedestrians,
notwithstanding the indication of a traffic control signal that would permit
such operation to proceed in to the intersection.
B. The City of South Burlington shall post signs at each designated intersection
indicating that blocking the intersection is prohibited and violators are subject
to a fine.
C. The City of South Burlington shall mark, in white paint, the boundary of each
designated intersection with a line not less than one-foot in width and the area
within such boundary line with parallel diagonal lines not less than one-foot in
width.
(Section added 9/1/11)
SECTION 49
Following fire apparatus
No operator of a motor vehicle other than one on official business shall follow any fire
apparatus traveling to an emergency closer than five hundred (500) feet or in such a
manner as to interfere with the suppression of a fire or the handling of such emergency or
so as to endanger the life of any occupant of such fire apparatus, or thereafter park his
vehicle so as to interfere with the suppression of a fire or the handling of such
emergency.
(Section added 9/1/11)
SECTION 50
Driving over fire hose
No motor vehicle shall be operated over any unprotected hose of a fire department when
laid down on any street, private driveway or roadway, to be used at any fire or alarm of
fire, without the consent of the fire department official in command.
(Section added 9/1/11)
21
iii) Within 20 feet of a crosswalk at an intersection;
iv) Within 30 feet upon the approach to any flashing signal, stop sign or traffic-
control light located at the side of a roadway;
v) Within 20 feet of the driveway entrance to any fire station and on the side of a
street opposite and within 75 feet of the entrance to any fire station, when
properly signposted;
vi) At any place where official signs prohibit standing
c) Park a vehicle, whether occupied or not, except temporarily for the purpose of and
while actually engaged in loading or unloading merchandise or a passenger;
i) Within 50 feet of the nearest rail of a railroad crossing;
ii) At any place where official signs prohibit parking.
d) To park a vehicle for a period of more than seventy-two (72) consecutive hours on
any street in the city.
e) No person may move a vehicle not lawfully under his control into any
prohibited area or an unlawful distance away from a curb.
(Section added 9/1/11)
SECTION 53
Parking violations; fees and penalties
A. Any person who has violated any ordinance of the city which regulates, restricts
or defines the time or place of parking vehicles in the city or prescribes any traffic
regulations may, within fourteen (14) days from the date of such violation, waive the
issuing of any process by voluntarily paying to the city clerk's department the violation
fee as herein prescribed.
B. The violation fee which is voluntarily paid by any person violating any ordinance
regulating, restricting or defining the time or place of parking motor vehicles in the city,
or prescribing traffic regulations, shall be designated by the city council and upon
adoption of the violation fees the council shall publish in the local paper the fee changes
thirty(30) days prior to the effective date of the fee change. Any violation fees that are
not paid within the allotted 14 day period will have additional late penalties assessed per
violation. Those violation fees that are not paid within 14 days, but are paid within 30
days will pay late penalty fee#1. Those violation fees that are not paid within 30 days
will be assessed late penalty fee#2 in addition to late penalty fee#1. Said late penalty
fees #1 and#2 shall be designated by the city council and upon adoption the council shall
publish in the local paper the late penalty fee changes thirty(30) days prior to the
effective date of the late penalty fee changes. Other violations of the ordinances of the
city shall be punished in the manner prescribed by law.
C. A parking violation may be appealed by completing a Parking Ticket Appeal form.
Forms are available at the police department or on the police department website.
23
G. No charges incurred or made under this section shall be in excess of the rate
ordinarily charged by the person making such removal or doing such storing or parking,
and if such removal, storing or parking is done by the police department such charges
shall be in conformity with prevailing rates therefore in the city.
(Section added 9/1/11)
HIS TORY
Reviewed and amended Motor Vehicle and Traffic Regulation Ordinance in its
entirety, 9/1/11. Added Sections 48-54 9/1/11. Amended to add Sec. 45-46, 2/7/00.
Amended to add Sec. 44(a)-(o), 5/3/94; amended to add Sec. 44(p)-(q), 7118/94;
amendment to Sec. 40. to establish certain speed limits, 7/1/91; amendment to Sec_37,
12/17190; amendment to Sec. 40, 5/7/90; amendment of Sec. 40 to establish certain
speed limits. 3/5/90; Sections 50-58 repealed by new bicycle ordinance, 4/4/80
(Chapter I, Article 2); amendment of See. 40(b) in its entirety, 10/21/74; amendment to
Sec. 40 in its entirety, 6/3/74; Sections 50-58 added, 12/5/67; amendment adding Sec.
43, 9/6/66; amendment to Sec. 40, 7/5/6; revision of Motor Vehicle and Traffic
Regulation Ordinance in its entirety, 4/28/58.
Traffic Ordinance 9/1/11
25
Offenses and Miscellaneous Provisions
City of South Burlington, VT 10-17-11
Section 1
Modification of motor vehicle exhaust system to increase noise prohibited
The following shall be prohibited;
A. Modify the exhaust system of a motor vehicle in a manner which will amplify or
increase the noise emitted by the motor of such vehicle, above that emitted by the muffler
originally installed on the vehicle and the original muffler shall comply with all of the
requirements of this chapter. No person shall operate a motor vehicle with an exhaust
system so modified.
B. Misuse of power exceeding tire traction limits in acceleration sometimes known as
"laying down rubber" or"peeling rubber".
C. Misuse of braking power exceeding tire traction limits in deceleration where there is
no emergency.
D. Rapid acceleration by means of quick up shifting of transmission gears with either a
clutch&manual transmission or automatic transmission.
E. Rapid deceleration by means of quick downshifting of transmission gears with either
a clutch and manual transmission or automatic transmission.
F. Racing of engines by manipulation of the accelerator, gas pedal, carburetor, or gear
selection whether the vehicle is either in motion or standing still.
G. The blowing of any horn except as a warning signal or the use of any other noise
making device whether the vehicle is either in motion or standing still.
A violation of this section shall be a civil matter and enforced in accordance with the
provisions of 24 V.S.A. section 1974a and section 1977 et seq. A civil penalty of not more
than five hundred dollars ($500.00) may be imposed for a violation of this section. The civil
penalty may, at the discretion of the prosecuting official, be eliminated or reduced upon the
successful completion of a restorative or reparative justice program through the community
justice program. In lieu of further process and prosecution, persons ticketed for violations
of this section may pay a waiver penalty under the schedule set out below:
Waiver Penalty:
First offense: The waiver penalty shall be one hundred dollars ($100.00).
Second offense,within a twelve-month period: The waiver penalty shall be two hundred
dollars ($200.00).
Third offense or more, within a twelve-month period: The waiver penalty shall be four
hundred dollars ($400.00).
Each time that the violation occurs will constitute a separate violation of this section.
Any law enforcement officer can enforce this section.
more than five hundred dollars ($500.00) may he imposed for a violation of this section.
The civil penalty may, at the discretion of the prosecuting official, be eliminated or reduced
upon the successful completion of a restorative or reparative justice program through the
community justice program. In lieu of further process and prosecution, persons ticketed for
violations of this section may pay a waiver penalty under the schedule set out below:
Waiver Penalty:
First offense: The waiver penalty shall be one hundred dollars ($100.00).
Second offense,within a twelve-month period: The waiver penalty shall be two hundred
dollars ($200.00).
Third offense or more,within a twelve-month period: The waiver penalty shall be four
hundred dollars ($400.00).
Each time that the violation occurs will constitute a separate violation of this section.
Any law enforcement officer can enforce this section.
SECTION 4
Malt Beverages
It shall be unlawful for a person over 16 years of age and under 21 years of age to:
(1) falsely represent his or her age for the purpose of procuring or attempting to procure
malt or vinous beverages or spirituous liquor from any licensee, state liquor agency, or
other person or persons;
(2) possess malt or vinous beverages or spirituous liquor for the purpose of consumption
by himself or herself or other minors, except in the regular performance of duties as an
employee of a licensee licensed to sell alcoholic liquor; or
(3) consume malt or vinous beverages or spirituous liquors. A violation of this
subdivision may be prosecuted in a jurisdiction where the minor has consumed malt or
vinous beverages or spirituous liquors, or in a jurisdiction where the indicators of
consumption are observed.
A violation of this section shall be a civil matter and enforced in accordance with the
provisions of 24 V.S.A. section 1974a and section 1977 et seq. A civil penalty of not more
than five hundred dollars ($500.00) may be imposed for a violation of this section. The civil
penalty may, at the discretion of the prosecuting official, be eliminated or reduced upon the
successful completion of a restorative or reparative justice program through the community
justice program. In lieu of further process and prosecution, persons ticketed for violations
of this section may pay a waiver penalty under the schedule set out below:
For this section, a person who has at least one previous violation in the TASP database
may be issued the municipal ticket for underage drinking. If the person has no previous
violations listed in the TASP database they shall be issued a Chittenden County Diversion
form so they can go through the TASP programs.
money or credit:
(1) takes and carries away or causes to be taken and carried away or aids and abets the
carrying away of, any merchandise from a retail mercantile establishment without
paying the retail value of the merchandise; or
(2) alters, transfers, or removes or causes to be altered, transferred, or removed or
aids and abets the alteration, transfer, or removal of any label, price tag, indicia of
value, or any other markings affixed to any merchandise in a retail mercantile
establishment and purchases the merchandise for less than its retail value; or
(3) transfers or causes to be transferred or aids and abets in the transfer of any
merchandise in a retail mercantile establishment from one container or location to another
container or location and purchases the merchandise for less than its retail value; or
(4) alters, transfers, counterfeits, or reproduces a retail sales receipt or a Universal
Product Code (UPC) label or possesses an altered, counterfeit, or reproduced retail sales
receipt or UPC label; or
(5) possesses 15 or more altered, counterfeit, or reproduced retail sales receipts or UPC
labels or possesses a device that is designed to alter, counterfeit, or reproduce retail sales
receipts or UPC labels; or
(6) manufactures, sells, offers for sale, distributes, or knowingly possesses a laminated or
coated bag intended to shield merchandise from detection by an electronic or magnetic
theft detector; or
(6) manufactures, sells, offers for sale, distributes, or knowingly possesses any tool or
device designed to allow or capable of allowing the deactivation or removal from any
merchandise of any theft detection device without the permission of the merchant or the
person owning or lawfully holding the merchandise.
A violation of this section shall be a civil matter and enforced in accordance with the
provisions of 24 V.S.A. section 1974a and section 1977 et seq. A civil penalty of not
more than five hundred dollars ($500.00) may be imposed for a violation of this section.
The civil penalty may, at the discretion of the prosecuting official, be eliminated or
reduced upon the successful completion of a restorative or reparative justice program
through the community justice program. In lieu of further process and prosecution,
persons ticketed for violations of this section may pay a waiver penalty under the
schedule set out below:
Waiver Penalty:
First offense: The waiver penalty shall be one hundred dollars ($100.00).
Second offense, within a twelve-month period: The waiver penalty shall be two hundred
dollars ($200.00).
Third offense or more, within a twelve-month period: The waiver penalty shall be four
hundred dollars ($400.00).
Each time that the violation occurs will constitute a separate violation of this section.
Any law enforcement officer can enforce this section.
SECTION 7
(2) Definitions. For the purpose of this section:
(a) Aggressive manner shall mean any of the following:
(1) Approaching or speaking to a person, or following a person before, during or after
soliciting if that conduct is intended or is likely to cause a reasonable person to fear
bodily harm to oneself or to another or damage to or loss of property or otherwise be
intimidated into giving money or other thing of value;
(2) Continuing to solicit from a person or continuing to engage that person after the
person has given a negative response to such soliciting;
(3) Intentionally or recklessly touching or causing physical contact with another person
or that person's property without that person's consent in the course of soliciting;
(4) Intentionally or recklessly blocking or interfering with the safe or free passage of a
pedestrian or vehicle by any means, including unreasonably causing a pedestrian or
vehicle operator to take evasive action to avoid physical contact;
(5) Using violent, obscene or threatening gestures toward a person solicited;
(6) Following the person being solicited, with the intent of asking that person for money
or other things of value;
(7) Speaking in a volume unreasonably loud under the circumstances;
(8) Soliciting from anyone who is waiting in line.
(b) Soliciting shall mean asking for money or objects of value in a public place, with the
intention that the money or object be transferred at that time, and at that place. Soliciting
shall include using the spoken, written or printed word,bodily gestures, signs or other
means with the purpose of obtaining an immediate donation of money or other thing of
value or soliciting the sale of goods or services. However, this ordinance is not intended
to proscribe any demand for payment for services rendered or goods delivered. Nor is
this ordinance or the definition of solicitation intended to include or proscribe fixed
advertising attached to an existing premises. Nor is it intended to include or proscribe
signs or written material allowed under City Ordinance Section XXXX or any other
applicable city ordinance, regulation, license or permit.
(c) Public place shall mean a place where a governmental entity has title to or which the
public or a substantial group of persons has access, including but not limited to any
street, highway, parking lot,plaza, transportation structure, facility or vehicle, school,
place of amusement,park, playground or sidewalk or to the doorways and entrances to
buildings or dwellings, or grounds enclosing them.
(d) Financial institution shall mean any banking corporation, credit union, foreign
exchange
office or like institution as defined in §11101 of Title 8 of the Vermont Statutes
Annotated.
(e) Check cashing business shall mean any person duly licensed by the superintendent of
banks to engage in the business of cashing checks, drafts or money orders for
consideration pursuant to Title 8 of the Vermont Statutes Annotated.
(f) Automated teller machine shall mean a device, linked to a financial institution's
account
records, which is able to carry out transactions, including, but not limited to: account
transfers, deposits, cash withdrawals, balance inquiries and mortgage and loan
payments.
(g)Automated teller machine facility shall mean the area comprised of one or more
SECTION 9
Authority
A. Criminal violations. Except as otherwise expressly provided, however,
whenever in this Code or in any ordinance of the city any act is prohibited or is made or
declared to be unlawful or an offense, or whenever in such Code or ordinance the
doing of any act is required or the failure to do any act is declared to be unlawful, where
no specific penalty is provided therefor, the violation of any such provision of this Code
or any ordinance shall be prosecuted as a criminal offense and shall be punished by a
fine not less than fifty dollars ($50.00) and not exceeding five hundred dollars ($500.00).
Each day any violation of any provision of this Code or any ordinance shall continue
shall constitute a separate violation.
The court before which a conviction shall be had shall order any continuing
violations to cease, to be removed, or to be abated. A person convicted may also be found
liable for any damages sustained by the city or any other person as a direct result of the
ordinance violation and may be ordered by the court after hearing to pay restitution as a
part of the sentence.
B. Civil offenses, Selected provisions of the Code of Ordinances have been
specifically designated as carrying a civil penalty. Violations of such ordinances shall be
enforced as provided by state law and as provided herein. Upon a determination that a
civil ordinance violation has occurred, those municipal officials authorized by the city to
enforce civil ordinance violations shall issue a "municipal complaint" in the form
provided by the court at 24 V.S.A. § 1977. The municipal official issuing the
complaint shall appear to represent the city in any contested case before the traffic
and municipal ordinance bureau or other forum provided by law. Unless otherwise
provided in this Code, the fine for a violation of an ordinance designated as a civil
offense shall be not less than fifty dollars ($50.00) nor more than five hundred
dollars ($500.00). The waiver penalty for purposes of the municipal complaint
(civil ticket) shall be fifty dollars ($50.00) for each offense unless otherwise
specifically provided in this Code.
C. First offense civil, second offense criminal. Selected provisions of the Code of
Ordinances have been specifically designated as carrying a civil penalty for a first
offense in any six-month period and a criminal penalty for a second and subsequent
offense in the same six-month period.
(1) First offense: A first offense by a person during any six-month period shall be
deemed a civil ordinance violation and shall be punishable by a fine of from fifty
dollars ($50.00) to five hundred dollars ($500.00). The waiver fine shall be one
hundred dollars ($100.00). Any law enforcement officer may issue a municipal
complaint ticket for such offense.
(2) Second and subsequent offenses:A second offense of the same ordinance during a six-
month period shall be deemed to be a criminal offense and shall be punishable by a
fine from one hundred dollars ($100.00) to five hundred dollars ($500.00). Each
subsequent offense of the same ordinance shall be deemed to be a criminal offense
and shall be punishable by a fine of from two hundred dollars ($200.00) to five
For the purpose of this chapter, the terms defined in this section shall have the
meanings ascribed to them:
Last known address - The address shown on the records of the South Burlington
City Clerk or a more recent address known to the Police Department. In the case
of parties not listed in these records, the last known address shall be that address
obtained by the Police Department after a reasonable search.
Nuisance event- One requiring special security assignment in order to protect the
public peace, health, safety and welfare. A nuisance event includes, but is not
limited to, the following: loud and boisterous conduct; noises and activities
disturbing the peace; congregation of two or more persons in intoxicated
conditions or under the influence of drugs or alcohol; fighting or use of obscene
or inflammatory language; loud music constituting a nuisance or disturbing the
peace; activities causing excessive pedestrian or vehicular traffic and parking
problems and congestions; events occurring after 11:00 p.m. to sunrise of the
following day which disturb the peace and tranquility of the neighborhood; use
and display of narcotics, illegal drugs and controlled substances and paraphernalia
for its use; congregating in a tumultuous, noisy or rowdy crowd; and indecent
exposure and lewd conduct.
Owner - A person or persons shown to be owner or owners of property on the
records of the South Burlington City Clerk.
Personal Service - Service by personally handing a copy to the intended recipient
or by leaving a copy at the intended recipient's residence or place of business with
a person of suitable age and discretion.
Police Services Fee - The fee to be imposed for law enforcement services
associated with a special security assignment. Such fee may be either a flat fee of
$250 or an additional amount of up to a total of$1,000 based on, but not limited
to, salaries of police officers while responding to or remaining at the nuisance
event, the pro rata cost of equipment, the cost of repairing City equipment and
property, and the cost of any medical treatment of injured police officers.
Responsible Person - A person who owns the property where the nuisance event
takes place, and/or a person in charge of the premises, and/or a person who
organized or served as a host of the nuisance event. If the responsible person is a
minor, then the parents or guardians of that minor will be considered responsible
persons.
Service by Mail - Depositing the item with the United States Postal Service
addressed to the intended recipient at his or her last known address with first class
postage prepaid thereon.
Service of Notice - By personal service shall constitute the delivery of the
warning letter to the responsible person or by mailing it to the last known address
of the responsible person.
Special Security Assignment- The assignment of police officers, services and/or
equipment during a second or subsequent response to the nuisance event after the
service of a written notice to the responsible persons that a police services fee
may be imposed or costs incurred by the city for any subsequent police response.
Defacing city owned signs
1) It shall be unlawful for any person willfully to deface, injure, move or obstruct, or
interfere with, any official traffic sign.
2) Penalty:
A violation of this section shall be a civil matter and enforced in accordance with the
provisions of 24 V.S.A. section 1974a and section 1977 et seq. A civil penalty of not
more than $500.00 may he imposed for a violation of this civil ordinance, however the
waiver fee shall be set at:
o First Offense: $75.00
o Second Offense (within a 6-month period) $100.00
o Third Offense (within a 6-month period) $150.00
Each time that the violation occurs, it will constitute a separate violation of this
ordinance. Any law enforcement officer can enforce this section.
Section 12
Soliciting rides
1) The practice of endeavoring upon the streets in this City by words. gestures, and
other means, to beg, demand, invite, ask for or secure transportation in any vehicle not
engaged in passenger carrying for hire is deemed both annoying and dangerous to the
general public, and therefore unlawful unless such is done to solicit aid in the event of
accident, or because there is a bona fide case of sickness in which an emergency exists.
2) Penalty:
A violation of this section shall be a civil matter and enforced in accordance with the
provisions of 24 V.S.A. section 1974a and section 1977 et seq. A civil penalty of not
more than $500.00 may be imposed for a violation of this civil ordinance, however the
waiver fee shall be set at:
o First Offense: $75.00
o Second Offense (within a 6-month period) $100.00
o Third Offense (within a 6-month period) $150.00
Each time that the violation occurs, it will constitute a separate violation of this
ordinance. Any law enforcement officer can enforce this section.
Section 13
Possession and consumption of alcohol prohibited in public places
City Council of City of South Burlington, Vermont
Guidelines for Citizen Participation, as City Council Appointees,
on City Boards, Commissions, or Committees in a Volunteer Capacity
Introduction
The City Council places immense value on the many contributions people make to our
City's vitality and quality of life through their participation on City boards, commissions,
and committees (entities). Furthermore, it is our goal to encourage participation in
these entities by a wide variety of residents; for example, resisc eats demonstrating an
ST
array of ages, locations of City residence, socio-economic dppmstances, racial and
ethnic backgrounds, and current employment situation. lWe,b tieve this diversity will
enhance the vitality and quality of life in the City and cc� i1bute i`an improved work
product with respect to each entity's fulfillment of its responsibility ' {As Council actively
encourages this diversity of participation, we are-Aware of the balanceibetween our
entities' need for full entity participation with tfernembers other respol' ilities and
commitments. ��� )i 1111111_
Due to this balance the City Council recognizes s pep (sibility to establishguidelines
to help clarify what is expected of eg le serving o ij:cities. To this end, the Council is
hereby defining such guidelines in ai# h r Our in1ef4)is to make the guidelines
compatible with participation by CityYetidreti p ? "all 441 '§of life."
Guidelines relating to Attendance tit. ,
Council is aware °tow gratefui drat most members of entities attend the vast majority,
if not all, entity me�f``� igs. We appiud this level of commitment and encourage each
appointee to strive`fo ' `r r- r t when p ersonal circumstances make this
pp ��hievetfa�s3 a � , �p.
practicable.
glil(iii(� � k
Councili 4 l eves thlatifar ar r ty, and its members, to be most effective and efficient,
meq f rs should atteri.t leash# alf (50 percent) of entity meetings. However, Council
does wgourage particiO on ratekOigher than 50 percent since regular participation
strength team identityh (eads to a more equitable balance of workload sharing, and
favors cokiSlity in prod uctl4ompletion. Temporary conditions that make participation at
the 50 perceW ifrlevel unatt. ( able should be accommodated, when practicable. Very
high attendance s ,r0,essential for individuals carrying out leadership roles (for
example, chair or Vicphair).
,(
Guidelines relating to Participation
"Member", as used below, refers to an appointed member of a City board, commission,
or committee.
For meetings to be as efficient as possible, and to thereby lessen time people need to
be away from their other activities, Council believes that:
SB City Board, Commission, and Committee Participation Guidelines DRAFT 06/06/11
Page 1 of 3
5. Annually, the chair of each City entity is responsible for; assessing whether these
guidelines effectively support his/her entity in carrying out its responsibilities; ands;
when the assessment is negative, communicating this assessment to the City
Council, along with proposed modifications to these guidelines. When the
assessment is affirmative, the chair is also responsible for communicating this
assessment to the City Council. Entity member attendance records and
participation are one way to measure Guideline effectiveness.
6. Each year, when incumbent members of a City entity seek re-appointment by the
City Council, City staff, as designated by the City Manaeer'shall provide a record
of the entire entity's attendance at the entity's meetings 1£uring the past 24
months for the Council's use in decision-making '` -
� ° :� the re-appointment.
C ill
7. Any City resident is encouraged to provide eeiback to the Council
regarding the appropriateness and effectiy, ess of these guid lines.
8. The City Council shall, at least every t, 8El
gl � �onths, re iew and, when'' deems
necessary, modify these guidelines. , -„, II1' �
tg i (t(
'Ili qiIP ' T
1.
f ii _ ill hii hill 11 4
IN 11,0
Atli l'
toil 4
If at
Oil ;I' wil.
II 1
SB City Board, Commission, and Committee Participation Guidelines DRAFT 06/06/11
Page 3 of 3
•
Page 2 of 2
members of the City that it's a serious responsibility and one that needs to be taken seriously."
2. "It sounds fair to me! (1/2 of all meetings actually seems generous to me - I would think a
higher attendance rate would be smarter."
3. "I think the idea of 50%+ participation is a good thing and should be encouraged and I think the guidelines
admirable. Likewise, informing the chair of a committee that one cannot attend is also I think worthwhile.
However, there are times when this is not possible and also the reason for not attending might be personal. I
think that people who look to serve on city committees are adults though and should be treated as such. Lack of
attendance and non participation should not be tolerated as we are here to serve and represent our
community. "
4. "Nothing jumped out at me except the way to be rid of non-attending, non-functioning Board
members seems vague/weak. Should there be some steps outlined for removing member?"
Sandy, I am also attaching the Library Board Bylaws that you may or may not have seen.
They need to be amended since I see a few inaccuracies in them as it relates to responsibility
for budget preparation. These were initially created prior to having a full time Library Director.
As it works now, the Library Director is responsible for creating the Library budget with input
from the Board.
Louise Murphy
Community Library Director
South Burlington Community Library
540 Dorset Street
South Burlington, Vt. 05403
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ref=tsM/pages/South-Burlington-Community-Library/163 53 97503 59286
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7/28/2011
SOUTH BURLINGTON COMMUNITY LIBRARY
BOARD OF TRUSTEES
BY-LAWS
Mission Statement The South Burlington Community Library will be an
integral part of the community and high school life by
providing recreational and informational materials for all
ages. The library will sponsor programs to stimulate
curiosity, and provide an atmosphere conducive to reading
and discovery.
Section 1 Name
The board shall be known as the Board of Trustees of the
South Burlington Community Library.
Section 2 Purpose
The Board of Trustees serves in an advisory capacity to the City
Council. The Community Library Director, as a Department
Head,reports to the City Managers.The Board provides general
oversight and functions as the governing body over the affairs of
the Community Library.
The Board of Trustees ensures the preservation and
enhancement of the South Burlington Community Library
for the good of the community as well as the high school.
The Trustees are directly responsible for public library
service for the residents of the city, ensuring a facility that
meets their needs.
The Trustees have responsibility for good fiscal
management. They will keep apprised of the latest
developments in library science that will benefit the
community and work to bring about enrichment of the
Library. The Board will be aware of the vital importance
of the reputation of the Library and its uniqueness in the
State of Vermont.
The Trustees have the ultimate responsibility of safe-
guarding the residents'right to read what they choose. The
Trustees will assure the Library fulfills that right and gives
impartial service to all.
Section 3 Membership
a. Seven Trustees are appointed to the Board by the
South Burlington City Council. Trustees will be
appointed for 3 year terms, with no more than three
Trustees, or fewer than two Trustees, subject to
appointment each year.The Library Director is an ex-
officio member of the
1
b. The Community Library Director shall keep the Trustees
informed on a periodic basis (quarterly at a minimum)of
expenditures made under the current fiscal year budget.
c. Unrestricted gifts may be accepted at the discretion
of the Library Director. Any gift(money or
materials)over$1000 with any restriction must be
presented to the Board of Trustees for its consideration.
All gifts of materials must comply with the Community
Library Materials Selection Policy.
d. The Board will authorize the annual payment of
dues for its members in the Vermont Library
Trustees Association and any other state or national
Organization as deemed appropriate by majority
vote of the Board.
Section 8 Amendments
These By-Laws may be amended by a two-thirds majority
vote of the members of the Board,provided that the
proposed amendment shall have been included in the notice
of the meetings.
Amendment 1
Section3 a. Up to nine Trustees may be appointed
to the Library Board by the South
Burlington City Council.
Approved by the Trustees
7/14/2003
3
Kell Murph
From: Sandy Miller
Sent: Friday, July 22, 2011 2:01 PM
To: Tom Hubbard
Cc: Kelly Murphy
Subject: RE: Forwarded comments on Draft Attendance Policy from CC
Great, thanks.
Kelly will be compiling these.
Sanford "Sandy" Miller
ICMA - Credentialed Manager
City Manager
City of South Burlington
575 Dorset Street
South Burlington, VT 05403
Tel: 802-846-4107
Fax: 802-846-4101
E-mail: smiller@sburl.com
Website: www.sburl.com
Original Message
From: Tom Hubbard
Sent: Friday, July 22, 2011 1:57 PM
To: Sandy Miller
Subject: Forwarded comments on Draft Attendance Policy from CC
Sandy-
Attached are any and all comments I've received from committee members to date.
Tom
1
Page 1 of 1
Kelly Murphy
From: Paul Conner
Sent: Monday, August 15, 2011 10:13 AM
To: Kelly Murphy
Cc: jshaw5226@aol.com
Subject: Planning Commission input to the Draft Attendance Guidelines
Kelly,
The Planning Commission met and discussed the draft attendance guidelines for committees, boards and
commissions on July 26th. Their discussion and comments included:
1. Guidelines Relation to Attendance: The target of 50% attendance at meetings, at least for the
Planning Commission, is too low. It should be higher that this for Committees/ Boards that hear
regularly from the public at meetings. Perhaps instead, something more akin to the language used
for the chairs and vice-chairs, such as "all members should strive for the highest possible
attendance out of respect for the board and the City"
2. Guidelines Relation to Attendance: The Commission did recognize that that target attendance
figure should be flexible to meet the expectations of different types of committees. Some
committees in the city are more "task" oriented. For those groups, such as the Red Rocks
Committee, "participation" in the committee in the form of frequent site walks and reports to
Recreation Department staff on maintenance of the Park may be equally or more important that
attendance at meetings. It was suggested that the sentence could read: "Council believes that
for an entity, and its members, to be most effective and efficient, members should
attendparticipate in at least *** (*** percent) of the overall work of the entity. entity
mcctings.
3. Responsibilities (item 3): It is expected that staff will maintain these records on behalf of the
Commission.
4. Responsibilities (item 5): It seems unnecessary to report on the effectiveness of the guidelines if
they are working well. Also, consider removal of the last sentence of#5.
5. Responsibilities (item 6): It makes sense to look at the entire term of the volunteer, since that
information is readily available.
Paul Conner, AICP
Director of Planning & Zoning
City of South Burlington
575 Dorset Street
South Burlington, VT 05403
(802) 846-4106
pconner@sburl.com
www.sburl.com/planning
8/15/2011
Page 1 of 2
Kelly Murphy
From: Sandy Miller
Sent: Monday, October 03, 2011 9:32 AM
To: Kelly Murphy
Cc: JLadd
Subject: FW: Guidelines for Citizen Participation -DRB Chair Comments
Kelly,
Please put these comments together with the others we've received from various
boards/commissions/committees for a CC agenda item Oct. 17th
Thanks.
Saunmud "Saa4"911iz
ICMA- Credentialed Manager
City Manager
City of South Burlington
575 Dorset Street
South Burlington, VT 05403
Tel: 802-846-4107
Fax: 802-846-4101
E-mail: smiller@sburl.com
Website: www.sburl.com
From: Mark Behr [mailto:mark@rhbpc.com]
Sent: Friday, September 30, 2011 5:01 PM
To: Sandy Miller; Sandy Dooley
Cc: Paul Conner
Subject: Guidelines for Citizen Participation - DRB Chair Comments
Hello Sandy/Sandra,
Paul has conveyed your request for comment/feedback on the proposed Participation Guidelines
DRAFT dated 06/06/11. We briefly discussed them in an open meeting during the summer and I
requested the board provide written feedback to me as well. I received a couple short comments from a
couple of the members that they saw no issues with the guidelines as drafted.
1. The Development Review Board does have it's own "Rules of Procedure and Conflict of Interest
Policy" document that is formally adopted and part of the DRB, we as a board may elect to
adopt a formal attendance policy to be incorporated into this document as well, but in the
meantime I believe the document you have provided AS DRAFTED is acceptable to the board in
general.
2. I believe that the guidelines are a good starting point for new board members as a policy you
can refer to if there is an issue with members that routinely cause the board to not field a
quorum. It is also a good document as an initiation for what is expected of new members to all
committees and boards within the city and I like that fact.
3. When I joined the board in 2005,attendance was often times 5 to 6 members with the
occasional scramble to see if we could find a 4th member so we could have a quorum. In recent
10/13/2011
CITY OF SOUTH BURLINGTON,VERMONT
RETURNED CHECK POLICY
I. Policy Objectives
The primary objective of the City of South Burlington's returned check policy is to ensure the
taxpayers of the City do not incur additional costs and expenditures due to the wrongful or accidental
action of an individual taxpayer,resident,or other individual paying for services who issues an
improper check or money draft. This policy also specifies that any fees or fines for a returned check
shall be charged to the check issuer along with a city fee to cover our expenses.
II. Definitions
"Refused or returned check"shall mean a check or similar sight order Automated Clearing
House(ACH)for the payment of money which is not honored by the drawee(bank or financial
institution).
III. Procedures
1. All refused checks shall be requested to be returned to the City Treasurer and the bank or
financial institution shall be requested to not attempt to automatically collect on a returned check.
Upon receipt of a returned check from a bank or financial institution,the City Treasurer or
his/her designee shall determine if the returned check can be re-deposited.
2. If the refused check is for payment of property taxes and the amount remains unpaid by other
means prior to the tax installment date,then the tax collector will add penalty and interest for a
late tax payment.
3. If the check is refused due to reasons other than insufficient funds,then the City Treasurer or
his/her designee shall forward a letter,certified return receipt,telling the issuer to satisfy the debt
by tendering cash,money order,or certified funds for the amount due. This letter shall include a
requirement that the replacement payment shall be received at the City's offices no later than ten
(10)days after the mailing date of the letter.
4. If the check is refused due to insufficient funds,the City Treasurer shall call the bank or financial
institution to determine if there are sufficient funds to redeposit the check. If there are sufficient
funds,the City Treasurer or his/her designee shall redeposit the check into the City's bank
account,or take the check to the bank or financial institution of issuance,if it is a local
institution,to collect the funds in the form of a check and to deposit the check into the City's
bank account.
5. If the refused check has already been returned by the bank two times and there still are
insufficient funds or the check is not eligible for redeposit,then the City Treasurer or his/her
designee shall forward a letter,certified return receipt,telling the issuer to satisfy the debt by
tendering cash,money order,or certified funds for the amount due. This letter shall include a
requirement that the replacement payment shall be received at the City's offices no later then ten
(10)days after the mailing date of the letter.
1
Council signatures:
Sandra Dooley, Chair Meaghan Emery, Vice-Chair
Roseanne Greco-Clerk James Knapp
Paul Engels
3
WARNING
CITY OF SOUTH BURLINGTON
SPECIAL CITY MEETING
DECEMBER 6, 2011
The legal voters of the City of South Burlington are hereby
notified and warned to meet at their respective polling places at
the Chamberlin School on White Street, the Frederick H. Tuttle Middle
School on Dorset Street and the Orchard School on Baldwin Avenue on
Tuesday, December 6, 2011, at 7 o'clock in the forenoon, at which
time the polls will open until 7 o ' clock in the afternoon, at which
time the polls will close, to vote by Australian Ballot on the
following Articles :
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 District 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?
The complete text of these amendments is available for review on the
City's Web Site, www. sburl . com, and at the City Offices at 575 Dorset
Street during normal business hours .
Article III
Shall the voters authorize the City Council to acquire, at no cost,
a certain 21 . 27 acre parcel of land identified as "Country Club Parcel"
on a plan entitled, "Vermont National Country Club, Proposed Land Swap
Site Plan, South Burlington, Vermont", dated August 2011, last
1
Attachment A
Description of Proposed Charter Changes
1. Constables: Consider the abolishment of first and second Constable positions
(Sec 13-301)
Discussion: This item is being proposed for consideration by the City Manager.
In communities such as South Burlington, where there is a fully functioning
twenty-four hour police department, there is no need for the position of
Constable. Currently, our Charter requires that we have two Constables —
both are sworn South Burlington Police Officers.
2. Budget: Consider elimination of the Consumer Price index (CPI) provision
related to budget passage (Sec 13-1304)
Discussion: This provision was called into question by resident Jay Zaetz. After
reviewing the request, City staff recommended (that) City Council refer this to
the Charter Committee. Essentially, Mr. Zaetz's proposal would, if enacted,
create a scenario wherein the budget would continue to be voted upon until
passed, which is what almost every other municipality works under. City
Council has also asked that the School Board provide input to the Charter
Committee (and Council), regarding this proposed change.
3. Appraisal: Consider reappraisal schedule (Sec 13-1903)
Discussion: The Assistant City Manager identified this section of the Charter
for consideration. It appears the City of South Burlington has not followed the
requirement for reappraisals every three years. Additionally, this provision is
unusual in that it differs significantly from the State statutes, which require a
reappraisal when the CLA (Common Level of Assessment) dips below 80% or
the COD (Coefficient of Dispersion) is above 120%. If followed this
requirement would be extremely costly as every reappraisal costs hundreds of
thousands of dollars. The City administration has been advised by legal
counsel that if (the City does not get this provision changed and approved by
the State Legislature, (the City) would have to begin undertaking a reappraisal
within this fiscal year, something for which the City has not budgeted and for
which it does not have the funds to support.
Attachment C
Recommended Charter Changes
§13-1304. Amount to be raised by taxation
(a) Budgets for the city and South Burlington school district shall be adopted when
approved by the voters. Upon adoption of the budgets for the city and the South
Burlington school district, the amounts stated therein as the amount of the budget for the
city to be raised by property taxes shall constitute a determination of the amount of the
levy for the purposes of the city in the corresponding tax year and the council shall levy
such taxes on the grand list furnished by the assessor for the corresponding tax year.
The amounts state therein as the amount of the budget for the South Burlington school
district shall be used to determine the education property tax rates in accordance with 32
V.S.A Section § 5402.
(b) If the budget of the city or school district is not adopted by the voters at the annual
meeting, the city council or school board may submit the budget, with or without
change, to the voters at a special meeting which shall be held within 30 days of the
annual meeting. This special meeting shall be warned in the same manner as that for
the annual meeting with the exception that the warning for this meeting shall be filed
with the city clerk and posted not fewer then 15 days before the meeting.
1 t
(c) If the budget for the city or school district is not
the special meeting provided for in subsection (b) of this sec tionapp,rthedcitty council or
voters by the at
school board shall
•R rea of i bor st +, diligently pursue voter approval of their respective budgets
Pending voter approval of a city or school budget, the city and school district shall be
authorized to borrow funds and make expenditures that do not exceed the amount of
the budget approved by the voters for the preceding year.
§ 13-1309. Net cost of operations
•
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•
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CITY COUNCIL 3 OCTOBER 2011
The South Burlington City Council held a regular meeting on Monday,3 October
2011, at 6:300 p.m., in the Conference Room, City Hall, 575 Dorset St.
Councilors Present: S. Dooley, Chair; M. Emery, J. Knapp, R. Greco, P. Engels
Also Present: S. Miller, City Manager; R. Rusten, Assistant City Manager; K. Murphy,
City Manager's Staff; D. Kinville, City Clerk; J. Rabidoux, Public Works Director; S.
Stitzel, City Attorney; P. Conner, Director of Planning & Zoning; P. Taylor, A. Clift, D.
Fleming, City Charter Committee; M. Young, M. Sinoneau, B. Cimonetti, T. Sheahan, K.
Alence, T. Cairns and Board members of the Dorset Park Skating Association; Mr.
Fisher, M. Gilligan, T. Loyer, D. Kaufman, L. Allen, R. Milliken, J. Tarrant, D. Childs, J.
Zaetz, D. O'Rourke, J. Dinklage, B. Stuono, S. Dopp
1. Executive Session:
Mr. Knapp moved that the Council meet in executive session to discuss personnel,
contract negotiations and litigation. Ms. Greco seconded. Motion passed unanimously.
Following the executive session, Mr. Knapp moved that the Council return to regular
session. Ms. Emery seconded. Motion passed unanimously.
Regular Session:
1. Agenda Review:
Item #5 on the agenda was moved to follow item#7.
2. Comments & Questions from the Audience, not related to Agenda items:
Mr. Young asked about the cost benefit of the new"program director"position that has
been advertised. Ms. Dooley noted that there are a number of projects (City Center,
capital budgeting, TIF, energy projects, etc.) that need to be moved forward, and
additional staff is needed to accomplish this. She added that if the city doesn't move
forward on Market Street, it will lose the earmark money it received. The TIF District
would be a way to retain money that would otherwise go to the education fund. These
are significant benefits.
3. Announcements & City Manager's Report:
Ms. Greco: spoke with the Section Chief at the Dept. of Agriculture regarding pesticide
use. He will be sending information as to what the City can and can't control.
Ms. Dooley: noted the efforts of a number of city employees during recovery efforts
CITY COUNCIL
3 OCTOBER 2011
PAGE 3
requirement with which the city can comply.
There was no public comment.
Ms. Dooley noted that the second public hearing will take place on 17 October 2011. A
vote is anticipated on 6 December 2011.
Mr. Knapp moved to close the public hearing. Ms. Emery seconded. Motion passed
unanimously.
6. Presentation by the Dorset Park Skating Association:
Mr. Cairns said there are two issues facing the Association and the City: the lease and
insurance. He indicated that he had sent a history of these issues to the Council and
would provide this to anyone who wants it.
Mr. Cairns noted that in 1993, he approached the City Council to get a bond vote for the
first skating rink. This bond vote failed. A group then raised $2,000,000 and borrowed
an additional $1,000,000 and came back to the city to get a lease. The lease agreement
was for$1.00 a year through 2001. When it was decided to build the second skating
rink, the Association borrowed the money and amended the lease.
Mr. Cairns said it had always been a vision to finish the project with a central entrance
and lounge and offices. When the Women's 2012 Championships were awarded to the
Skating facility, the Board approached the city(February 2011) to do the finishing work.
The Recreation Department approved of the project. As part of the project, a 10-year
extension to the lease was required. The Association approached the city to sign the
application. The city refused and gave the Board 17 demands, including an annual rent
of$175,000.00 and 5 additional Board members.
In April of this year, Mr. Cairns said he asked the Council to "decouple"the two issues
so that work could be done on the entrance project. This was approved in June.
Because the Association couldn't borrow the money for the project, the opportunity to do
the entranceway was lost. Mr. Cairns said it then took 6 months to get back on the City
Council agenda.
Mr. Cairns said he was shocked to be turned down as the Association and the program
had received nothing but praise in the past. People have devoted 16 years to the facility
and suddenly they're told they're not "serving the interests of the city."
Mr. Cairns said he feels the issue is money. He didn't feel the city's money problems
•
CITY COUNCIL
3 OCTOBER 2011
PAGE 5
worked at 3 rinks in Massachusetts before coming to Vermont. He observed that
public-municipal facilities get tired looking very fast. When they do, they don't appeal
to tournaments that want to come to New England. Mr. Gilligan noted that he had
entertained the Hockey USA people when they came to South Burlington. He had also
helped arrange for the Swedish hockey team to practice here. Now, the rink will be
hosting the Women's Championships. He said none of this would have happened
without Tony Cairns and Bob Lequier.
Mr. Simoneau said this has been a win-win partnership for a long time. There was a
need for this facility, and Tony Cairns and others stepped up. He said he was
disappointed with the methodology that has been employed. Partners usually sit down
and talk things out. He felt that what has happened here has been "heavy-handed and
disrespectful." He added that he has seen the folly of municipalities that think they can
do better than the private sector, and it would be better for the city to keep hands off what
is being done well. Mr. Simoneau said he felt this is an attempt to squeeze money from
the Association.
Ms. Loyer said she is a former city employee, and she felt"if it ain't broke, don't fix it."
She added that with the problems the city has had, if you can't run a city, you can't run a
hockey rink.
Mr. Kaufman, a charter member of the Skating Association, said he has no idea of the
problem as there has been no blip in the operation of the arena. There is also no issue
noted in the minutes of the Association. He commented that he had been in Gutterson
recently and saw a huge banner welcoming the Women's Championships to South
Burlington. He felt that not doing the entry-way project was an insult to the city and to
the State of Vermont. It would have been a gift to the city of$1,800,000 in assets at no
cost to the city. Mr. Kaufman added that as a city taxpayer, he is horrified at the thought
that his tax dollars could be used to run that rink.
Mr. Milliken said he didn't know why this was happening. He cited the number of
tournaments that occur at the Cairns rink and said it is an economic driver for the city.
Mr. Allen, manager of the Essex Junction rink and a South Burlington business owner,
said he has shuttled people from his business to the rink. They ask where to eat, and he
directs the to South Burlington restaurants. He also noted that he brings his son to South
Burlington to play, not to Essex Junction where he lives.
Mr. Tarrant said he provided money for the skating facility. He could not understand
why the city would not come forward and state what the issues are. He questioned
whether this is what city government has become.
CITY COUNCIL
3 OCTOBER 2011
PAGE 7
A Board member of the Skating Association who lives in Hinesburg said he would like to
be optimistic abut the Association's relationship with the city. The Board is seriously
willing to make this a partnership. He noted they are a 501C-3, non-profit operation
which serves the youth of the community. He reiterated that the Board is more than
willing to listen to what the issues are in order to address them. The people involved
with the rink get no gain whatsoever; they do it because they enjoy doing it, and they
want to go back to enjoying it.
6. Discussion regarding appointment of Alternates to CCTV and CCRPC:
Ms. Greco agreed to be the second alternate to CCRPC, and Mr. Engels said he was
willing to be the alternate to CCTV.
Ms. Emery moved to appoint Ms. Greco as second alternate to the CCRPC. Mr. Knapp
seconded. Motion passed unanimously.
Mr. Knapp moved to appoint Mr. Engels as alternate to CCTV. Ms. Greco seconded.
Motion passed unanimously.
7. Review of City Hall Entrance & Associated Improvements:
Mr. Rabidoux said the city had applied for a$15,000 grant to improve voter access to
City Hall. The city then entered into an agreement with a consultant to address ADA
accessibility issues. At this point, work has been limited to concepts. Other issues
include mold and mildew growth, no visible signage on the building, and the poor
condition of the sign on the street There has been other money designated for additional
improvements. Mr. Rabidoux said he felt there can be some innovative things done to
City Hall and to improve the storm water situation. This will happen in the spring. The
cost of ADA accessibility is an additional $33,000.
Mr. Miller said that because of paying off some bonds, there is an additional $36,000 in
funds that can be used for this project. He added that the intent is to use the city's logo
on the building and on the property sign.
Ms. Kinville noted that because City Hall is used for early voting, it is now considered a
polling place and must meet ADA standards.
Mr. Miller noted that a space/needs analysis is being done on the City Hall interior. It is
the intention to bring back to the Council a more complete plan. At that time, the
Council may be asked to consider other options to enhance the front of the building.
CITY COUNCIL
3 OCTOBER 2011
PAGE 9
11. Appoint a Voting Delegate for the VLCT Annual Business Meeting to be
Held on 6 October 2011:
Ms. Emery moved to appoint Ms. Dooley as Voting Delegate to the VLCT Annual
Business Meeting. Mr. Knapp seconded. Motion passed 4-0 (as Mr. Engels was
temporarily out of the room).
12. Review Minutes of 12 September and 19 September:
In the Minutes of 12 September, the spelling of"Milizia"was corrected on p. 4. On p. 6,
it was noted that Ms. Greco had agreed to follow up on the pesticide question.
In the Minutes of 19 September, Mr. Knapp noted that he had indicated that whatever
proof they had was reflected in the City Attorney's approval of the Memorandum of
Understanding.
Ms. Emery moved to approve the Minutes of 12 and 19 September 2011 as written and
amended. Mr. Knapp seconded. Motion passed unanimously.
13. Sign Disbursement Orders:
Disbursement orders were signed.
14. Other Business:
Mr. Knapp moved that with regard to the McKenna litigation the City Council approve
the proposed settlement agreement in the amount of$317.00 being the reimbursement for
service fees and filing fees in connection with a public records request. Ms. Emery
seconded. Motion passed unanimously.
15. Executive Session:
Mr. Knapp moved the Council convene in executive session to discuss pending litigation,
appointments to committees, contract negotiations, real estate acquisition, and personnel
matters, and to resume regular session on the make an appointment and/or adjourn. Ms.
Emery seconded. Motion passed unanimously.
14. Resume Regular Session:
Council returned to regular session.
Council made the following appointment to the Boards, Commissions, & Committee:
SPECIAL CITY COUNCIL
26 SEPTEMBER 2011
The South Burlington City Council held a special meeting on Monday, 26
September 2011, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset St.
Councilors Present: S. Dooley, Chair; M. Emery, J. Knapp, P. Engels, R. Greco
Also Present: S. Miller, City Manager; R. Rusten, Assistant City Manager; K. Murphy,
City Manager's Staff; J. Rabidoux, Public Works Director; M. Young, D. Gravelin, C.
Smith, S. Dopp, P. Linn, J. McNeill, J. & M. Zaetz, M. Williams, B. Navin, F. Ryan, M.
G. Cleveland, A. Clift, G. Farrell, L. Gerbison, F. Murray, A. Cleaves, G. Rounds
Executive Session:
Ms. Emery moved the Council meet in executive session to discuss personnel, contract
negotiations, and litigation, where premature general public knowledge would clearly
place the municipality at a substantial disadvantage.
Special Session:
1. Council Report and Decisions on the Eligibility for Retirement and Long
Term Care Benefits and Home Equity Repayment Obligation Regarding
Former City Manager:
Ms. Dooley said the Council have identified three areas that need decision-making, and
these will result in either three or four motions.
Ms. Dooley and Ms. Emery then read the Findings of Fact dated 26 September 2011.
Mr. Knapp moved to adopt the Findings of Fact as read, with the correction of the
spelling of"principal"on page 9. Ms. Greco seconded.
The Chair then asked for public comment.
Mr. Farrell said he is concerned that the Council's decisions will be relying on
information that is missing. He noted that the Council secretary was allowed to go home
prior to executive sessions. Following the executive sessions, the Council may have
taken actions that were supposed to be added to the Minutes, which appears not to have
happened. Mr. Farrell said he is bothered that there is a lack of facts. He added that he
would be shocked if Mr. Halter had availed himself of anything that wasn't approved by
the City Council. Mr. Farrell also added that the city had paid the premiums on policies
for a number of years. He didn't feel that a lack of minutes is reason to deny that things
happened.
Mr. Murray thanked the Council for their hard work in this regard. He agreed with the
CITY COUNCIL
26 SEPTEMBER 2011
PAGE 3
Hafter's case, the city paid all. He agreed it is not unusual for employees to be enrolled
in the two plans. Ms. Dooley said that in the collective bargaining contracts, it is clear
about matches for both plans. Mr. Miller added that since about 2001, Public Safety
employees have had no city contribution to the ICMA plan. This is now true for many
administrators as well.
Mr. Cleaves said he moved to the city in 1986 to serve as a minister to his church. He
tried to prove he was better than the previous minister. He now regrets that.
It was noted that on p. 11 of the Findings of Fact, the promissory note date should be
2001.
In the vote on the amended Findings of Fact that followed, the motion passed
unanimously.
Ms. Dooley then asked the Council if they had any motions regarding the Findings of
Fact.
Ms. Greco moved that the City Council hereby ratify and confirm Charles E. Hafter's
participation in both the SBRIP and the ICMA Program in which he has been enrolled,
and hereby also waive and relinquish any and all rights to recover any financial
contributions made to either of such plans by the City. Mr. Knapp seconded. The
motion passed unanimously.
Ms. Greco then moved that this City Council vote to make no further premium payments
to the existing long-term care plans for Charles E. Hafter and his spouse, which are
owned by Mr. Hafter. Mr. Engels seconded.
Mr. Smith said he understands the Council's dilemma. He noted that 3 former City
Councilors remember approving the long-term care plan. He questioned whether the
Council was opening itself to a law suit. He noted that the premiums are small, but the
legal fees could be large.
Mr. Knapp responded that the Council found less evidence that this was taken up,
discussed in public, and voted on by the City Council. It fails to meet the legal
requirements and as such the City could be sued by citizens for disbursements illegally
made.
In the vote that followed, the motion passed unanimously.
Ms. Emery then moved that this City Council hereby declare that the City's payments of
CITY COUNCIL
26 SEPTEMBER 2011
PAGE 5
name-calling.
Mr. Murray said all the City Councils liked Mr. Hafter, and no one has said he was an
evil man, but there were mistakes made.
2. Council to Vote on Council Resolutions re"protection of city taxpayer
money, Council best practices and transparency of actions:
Ms. Dooley read the proposed City Council Resolution which includes the following
provisions:
1. No loans to City employees
2. The City Council will discuss in public session all aspects of any contract it
enters into with the City Manager or any of the city's collective bargaining units.
3. The Minutes of any City Council meeting at which the City Council approves a
contract with the City Manager or any of the city's collective bargaining units shall
include a summary of the specific items in the City Manager's or collective bargaining
unit's contract approved by the City Council.
4. Following approval of contracts, they shall be posted promptly on the City's
website.
5. The City Manager shall, within 10 working days of a new City Council's
swearing in,provide the new City Councilors with copies of his/her current contract with
the City and Council Minutes at which this contract was approved, and all of his or her
prior contracts with the City and the City Council Minutes at which contracts were
approved.
Mr. Miller noted that steps are being taken to make public data of pension plans and
actuarial/auditors reports.
6. Any such document obligating the City to pay for a benefit specific to the City
Manager must be signed for by the City Council Chair. The City is registered as the
owner of the policy and allows for the City Council to have access to plan documents.
Ms. Dooley noted that no action will be taken on the Resolution tonight to allow for it to
be posted for public comment. Mr. Miller noted that based on public comment, changes
have already been made in how the City negotiates contracts. Mr. Murray noted that a
union takes a proposed contract back to its members. The public, however, gets
short-changed in not knowing what the agreement is and is not able to make comments.
Ms. Dooley noted the auditor will be coming to a meeting soon and will be reporting on
actions taken to address deficiencies that were earlier noted. Ms. Greco added that the