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HomeMy WebLinkAboutMinutes - City Council - 10/17/2011 (2) 40 1� southburlington t 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. • 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 144,44 or-Yr south ur i n. i cl n 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. • , . Section 13-1903 needs to be stricken and no wording put in its place. • • • • • • • • • • ƒ 0 I • co Ii ! ca _c / + - 2 ƒ | 2 2 1 I _/ ° no ai \ / f ' I a m / m [ / _c \ , . . q S _ t | c 2 f ƒ | _ / ( ƒ / 1 , k co § { e G % = m / , \ = c / | . , / a ® | aa C | ® •' S 2 CN= 2 | / ! / 0 f $ $ CO74- o. I 2 f �. \ § / o c 1 / .0 / � / § { 3. � / . E c .0 C c - . c o £ o - - . _ m o J ® e — o � \ \ 2 \ ) . � . O k G ! § 7 \ E < - c c c . _ k@ 3 ! o 3 o 0 q D 2 J \ >,f = / c ! e �2 . � / 3 \ •7 O . ra = m = .. ' ! � � o $ � mq ' m � § § /¥ 2 , A - ■ 0 e_ § m2 qe - L N - C.) k 222 = _c -0 § k 0/ � k . � c o / �as k ) _ eL la | p co { \ c m § - a) -0 U ° v) � � � . \ � » $ £ / / f 2 c �{ q 2 1E f % t - a 0. � � � / > �u k / / 5 ./ co cca / { � 2 § 2 -—o / k � / k 3 o G .. c § e m o@ c o •- 2 c V o - � _ / � c o = '• $ � 2 0 13 I 2®| § iili2 � HU $ t5) co Ti o @ o Z \ § , Em| u- in � v) 2 w m H / = @ ¥ 661.44 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 Ile • 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 1 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 3 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 five 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 5 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: 7 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. 9 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. 11 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. • h Burlington is a four 13 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. 15 • 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) 17 (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) • 1 r > v l qua..uvu • ugust on • --- ••��. ..+.�� va ��aa�a Hi 1 iY V11lAV 11 Vlll Park entrance. (3/4/96) • 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 Become a South Burlington Community Library fan on Facebook at: http://www.facebook.com/pages/Lake-Champlain-Regional-Chamber-of-Commerce/84889295872? ref=tsM/pages/South-Burlington-Community-Library/163 53 97503 59286 This email may contain information protected under the Family Educational Rights and Privacy Act (FERPA) or the Health Insurance Portability and Accountability Act(HIPAA). If this email contains confidential and/or privileged health or student information and you are not entitled to access such information under FERPA or HIPAA, federal regulations require that you destroy this email without reviewing it and you may not forward it to anyone. This message has been scanned for viruses and dangerous content by MailScanner and C1amAV, and is believed to be clean. 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 • • • • • • Cet fn rFh 'n i i�4on form rrorTr nr vvrracc ,--,� 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