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HomeMy WebLinkAboutAgenda - City Council - 10/03/2011 4.0004 ke(001, south= ton VERMONT AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall Conference Room 575 Dorset Street SOUTH BURLINGTON, VERMONT Executive Session 6:30 m Consider entering executive session to discuss personnel, contract negotiations aand li gation 2011 Re ular Session 7:00 P.M. 1) Agenda Review: Additions, deletions or changes in order of agenda i Moms. Oct. 3 2011 t 2) Comments and questions from the public (not related to the agenda). 3) Announcements and City Manager's Report. • ***Resignation letter from Kevin Lavery-Design Review Committee 4) ***Interview Karen Alence for the opening on the Energy Committee. 5) Discussion Regarding Appointment of Alternates to CCTV and CCRPC. 6) ***Public Hearing on Amendments to the City Charter, Amend Sections 13-1304(c) & 13-1309, Delete Section 13-1903; second reading of same. 7) Presentation by Dorset Park Skating Association. 8) ***Consider approval of the Grand Isle Rescue Ambulance Billing Contract. (Doug Brent, Fire Chief) 9) ***Review of City Hall entrance and associated improvements (Justin Rabidoux, Public Works Director) 10) ***Review and possible approval of a City Investment Policy. (Donna Kinville, City Treasurer, Bob Rusten, Assistant City Manager) 11) ***Consider approval of the following streets as public streets and ownership of the public infrastructure: South Pointe Drive, Upswept Lane, Parkside Drive, Songbird Road, Hummingbird Lane, Chickadee Circle and Woodthrush. 12) ***Appoint a Voting Delegate for the VLCT Annual Business Meeting to be held on Oct. 6, 2011. 13) ***Review and approve minutes from special meeting & regular meeting held Sept. 12 & 19, 2011. 14) ***Sign disbursement orders. H a) L CD • a) v a) 3 +r 4-, • E C E O O 4 U 1:0 C 3 •ri al r-I •ri L > O a) CO CC .0 C 4-, CIO 3 •ri O VI V) al 4- O al t O O E N O al 00 L V1 C 4- O •ri as > C U O O E •rl VI 4-1 •ri a) (O C .D C 00 r-I •H VI ri VI a) •ri a) ri 3 L ut ut >, as C E C (6 in >, 4-) (O c U as CO VI L •ri L }-, .0 0 C 4-) 4- O .-r U 4-, a) Cl N L a/ •ri a) V CIO 123 V 0 C CO —1 O 0 a) Q. 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I— South Burlington Fire Department 575 Dorset Street South Burlington, Vermont 05403 802-846-4110 To: Mr. Sanford Miller, City Manager Mr. Robert Rusten, Asst. City Manager From: Douglas Brent, Chief of Fire and EMS Date: August 3, 2011 Re: Grand Isle Rescue Ambulance Billing Contract As you are aware I have been working with Grand Isle Rescue in regard to providing ambulance billing services for their service. I have been working with their President Mr. Brian Welsh. At a recent meeting, their squad (corporation) voted to institute billing for transport ambulance services and directed their President to try and work out an arrangement with us to do their billing for them. Per your direction I have continued discussions with Mr. Welsh and have developed a good working relationship with him. I changed the wording in our current Williston billing contract (the one already approved by our attorney) and updated it using Grand Isle Rescue, Inc. I also added a couple of items to Attachment A to include; annual written notification of fee schedule by G.R.I and required them to provide all associated paper goods such as letterheads, envelopes, and billheads. I have attached a copy of the proposed contract. Service Review Grand Isle Rescue is an all volunteer ambulance service that provides service to the residents of Grand Isle and North Hero Vermont. They have a call volume of approximately 300 calls per year. Of those calls for service 55% to 57% or about 175 are patients that are transported to the hospital. Obviously given the increase in their summer population their call volume is also higher in the summer. Currently Grand Isle Rescue does not bill for their services. Since their inception they have relied on annual donations to offset their operational costs. They have been hesitant to bill for their services but it has recently become a reality that they need to start doing so. Most of their patients come to FAHC, but a small percentage of them go to Northwestern Medical Center in St. Albans. AMBULANCE SERVICE BILLING AGREEMENT This agreement is made and entered into and to become effective as of 2011 , by and between the City of South Burlington, a Vermont municipality with offices at 575 Dorset Street , South Burlington, Vermont ( "South Burlington" ) and Grand Isle Rescue, Inc . a rescue squad serving Grand Isle and North Hero, Vermont . WITNESSETH WHEREAS, Grand Isle Rescue, Inc (GRI) , supplies ambulance service to the residents and visitors of Grand Isle and North Hero, Vermont and others as necessary; and WHEREAS, Grand Isle Rescue, Inc . desires to be reimbursed to the extent legally permissible by the individuals utilizing the Grand Isle Rescue ambulance service; and WHEREAS, South Burlington, acting by and through its fire department ( "SBFD" ) , has experience billing for ambulance services and is willing to provide such service to Grand Isle Rescue, Inc . for a fee; NOW, THEREFORE, in consideration of the foregoing assertions, and the covenants and agreements contained herein, the parties agree as follows : Article 1 - SERVICES TO BE PROVIDED BY SBFD (a) SBFD shall provide those ambulance billing services which are described in Attachment A, which is attached hereto and is a part of this agreement . (b) SBFD shall serve as the Grand Isle Rescue, Inc . representative for the purpose of obtaining the necessary agency authorizations, provider numbers, and insurance company contracts required for reimbursement of services rendered. (c) SBFD shall maintain its records beginning on the day the first invoice/statement for services rendered is mailed or transmitted. Periodically, the paid or inactive records shall be delivered to Grand Isle Rescue, Inc . The records shall include the following information: 1 Article 3 - PAYMENTS All payments shall be made to Grand Isle Rescue, Inc . payable as follows : Grand Isle Rescue, Inc PO Box 79 Grand Isle, Vermont 05458 The Grand Isle Rescue, Inc . shall deposit payments into a bank account maintained by it and under its sole custody. SBFD shall have no rights in this bank account . Article 4 - AVAILABILITY OF RECORDS Subject to the confidentiality requirements set forth below, all records produced by SBFD pursuant to this agreement shall be open and available to Grand Isle Rescue, Inc . for inspection at any time during the normal and ordinary hours of business of SBFD. Article 5 - CONFIDENTIALITY (a) Grand Isle Rescue, Inc . and South Burlington acknowledge that they are "covered entities" subject to the requirements of the Health Insurance Portability and Accountability Act of 1996 ( "HIPAA" ) based on their provision of ambulance services . Further, they recognize that performance of their respective duties under this agreement involves the processing and exchanging of "individually identifiable health information" that is subject to specific protections under HIPAA. (b) Grand Isle Rescue, Inc . and South Burlington represent to each other that they have each provided necessary training concerning the requirements of HIPAA and other federal and state laws that pertain to individually identifiable health information to those persons who will handle or have access to such information and will continue to provide such training, as appropriate, during the term of this Agreement . . (c) Grand Isle Rescue, Inc . and South Burlington represent to each other that they each have in place and will maintain during the term of this Agreement facilities that are reasonably designed to protect individually identifiable health information from unauthorized disclosure during processing, transmission or storage . 3 ATTACHMENT A The South Burlington Fire Department will mail or electronically transmit an Invoice/Statement of Service (bill) to the insurance carrier of a patient within one (1) week of the receipt of the necessary information from the Grand Isle Rescue, Inc. In the absence of insurance information or signatures, the Invoice/Statement of Service will be sent directly to the patient . Attempts to contact the patient to obtain necessary information will be made prior to mailing. Invoices/Statement (s) of Service will be submitted at the following intervals; initial notice, 30 days, 60 days, and 90 days . At 120 days following the first submittal of the Invoice/Statement of Service the account will be considered as uncollectable and the account will be closed and so reported to Grand Isle Rescue, Inc . No independent action will be taken by SBFD regarding any closed account, and no reports of such accounts will be given to any person, organization, or entity other than Grand Isle Rescue, Inc . the patient, or the patient' s insurance carrier of record. The Grand Isle Rescue, Inc. retains the right to have any account closed on a case by case basis . No accounts will be forwarded to collections by SBFD. Grand Isle Rescue, Inc. will review and forward to collections independent of this agreement . If during normal communications received as part of the billing process, should any disputes, claims, or assertions arise regarding patient care or emergency incident operations, the Grand Isle Rescue, Inc . shall be promptly notified. Fee The fee payable to SBFD for the term of this agreement is 60 of collected revenue . Example : - Each month G.R. I . , Inc will submit to SBFD copies of all service fee checks and reimbursement information received by G.R. I . , Inc . - SBFD will review and enter all reimbursement information. - SBFD will then invoice G.R. I . , Inc for it ' s fee based on the collected revenue . - Grand Isle Rescue, Inc will then pay the SBFD invoice . - Annually, Grand Isle Rescue shall furnish SBFD with a certified notice of fee' s to be charged. - All letterhead, billheads, envelopes, and window Envelopes shall be provided to SBFD by G.R. I . 5 `F 4 00 southburlington MEMO PUBLIC WORKS To: City Council From: Justin Rabidoux,Director Date: September 30,2011 Re: City Hall ADA Access Grant In April the City successfully applied for a$15,000 grant from the Secretary of State's office to improve voting access for individual with disabilities.The main goal of this grant is to install a new front door that meets with ADA requirements, including a fully actuated push button to open the doors automatically. During the project's conceptual design two additional improvements were identified that would increase the appearance and functionality of City Hall.The first is the removal of the black mold growth visible on all three sides of City Hall as you enter from the main sidewalk.The second is signage,both the lack of signage on the building and the poor condition and appearance of the existing property sign located by the main driveway off Dorset Street. Conceptual designs and estimates are complete for the front door project and allowances have been added for the other items. Item Estimate Architectural Services $2,800 New ADA Accessible Front Doors $31,000 Mold Removal&New Paint to Front of City $9,500 Hall New City Hall Site Sign $1,000 New City Hall Building Signage $4,Q00 Subtotal $48,300 Grant Additional Money Needed ($1$33,300) ,304 The Assistant City Manager has identified money in the FY'12 budget to fill the funding gap and is prepared to discuss further at Monday's meeting. At the meeting staff will have building renderings and floor plans showing the proposed new front doors and entry as well as proposed building signage. 575 € orset Street South Burlington, VT 05403 tel 802.658.7961 fax 802.658.7976 www.sburl.com Physical Address: 104 Landfill Road South Burlington PG2 the City of South Burlington invests it funds. All financial institutions must registered to do business in the State of Vermont. ALLOWABLE INVESTMENTS: The Treasurer is authorized to invest and deposit any City funds as follows: 1. Certificates of Deposit 2. Money Market Accounts 3. Savings Accounts 4. Now Accounts 5. Checking Accounts 6. U.S. Treasury Bills 7. Treasury Notes or Bonds 8. Municipal and State Bonds To invest any City funds in an option not listed above will require City Council approval. The Treasurer of the City of South Burlington will make decisions regarding the types of collateralization of deposits when needed. The form of collateral may include, but not be limited to, securities of the United States of America. Securities may be held by a third party custodian designated by the Treasurer and evidenced by safekeeping receipts. ETHICS AND CONFLICTS OF INTEREST: The Treasurer shall avoid any transaction that might impair public confidence in the City's ability to govern effectively. Officers and employees involved in the investment process shall refrain from business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. COLLATERALIZATION Collateralization is required on accounts and deposits and repurchase agreements over the amount euaranteed by the FDIC The collateral must be in an amount equal to the excess deposit and it may consist only of securities in which municipalities may invest. The Authority or an independent third party with whom the Authority has a current custodial agreement will always hold collateral. DIVERSIFICATION OF THE INVESTMENT PORTFOLIO: The Treasurer shall maintain sufficient diversification of investments such that the ability of the City of South Burlington to continue to do business on an ongoing basis will not be impaired because of a liquidity crisis occurring in any one institution with which the City of South Burlington has invested. REVIEW PROCESS: PG3 The Treasurer will report investment activity at least every 6 months to the City Council unless there is a request by the City Council. Adopted by the CITY OF SOUTH BURLINGTON CITY COUNCIL on the 3rd day of October 2011. Sandra Dooley, Chair Meaghan Emery, Vice-Chair Rosanne Greco, Clerk James Knapp Paul Engels nhOkaill southburlington PLANNING & ZONING MEMORANDUM TO: Sandy Miller, City Manager FROM: Raymond J. Belair, Administrative Officer RE: South Pointe Streets Acceptance Request DATE: September 16, 2011 The City has been requested to accept the following streets in the South Pointe residential development:South Pointe Drive, Upswept Lane, and Parkside Drive (see attached plan). The Director of Public Works and the Water Superintendent have inspected the streets and the infrastructure and have given their approval for acceptance (see attached). In addition, the City Attorney has checked for title defects on the property and found none. Therefore, please request the City Council to accept the above referenced streets. If you have any questions, please let me know. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com Page 1 of 2 ray From: John Tymecki [johnt@cwd-h2o.org] -_ -.-• n__ .wK Sent: Thursday, August 25, 2011 7:02 AM To: ray Subject: RE: South Pointe Road Acceptance Yes. John Tymecki • Retail Superintendant Champlain Water District 802-864-7454 X-120 From: ray [mailto:rbelair@sburl.com] � __ Sent: Wednesday, August 24, 2011 4:22 PM To: John Tymecki Subject: RE: South Pointe Road Acceptance So does this mean you are OK with us accepting the street? Ray Belair Administrative Officer City of So, Burlington 802-846-4106 From: John Tymecki [mailto:johnt@cwd-h2o.org] � � Sent: Wednesday, August 24, 2011 2:18 PM To: Justin Rabidoux; ray Cc: Chris Snyder (csnyder@snydercompanies.com) Subject: RE: South Pointe Road Acceptance Hi All, Eric has reported that the valve box and valve noted previously as inoperable has been repaired and that the repair is acceptable.The minor issue of the irrigation lines needs to be put to rest though... Other than that I believe the City of South Burlington Water Department is satisfied that all the potable water requirements have been met. Regards, John Tymecki Retail Superintendant Champlain Water District 802-864-7454 X-120 From: Justin Rabidoux[mailto:jrabidoux@sburl.com] Sent: Wednesday, August 24, 2011 1:42 PM To: ray; John Tymecki Subject: RE: South Pointe Road Acceptance 8/25/2011 Page 1 of 5 ray From: David W. Rugh [DRugh@firmspf.com] Sent: Thursday, September 15, 2011 2:14 PM To: ray Subject: RE:Southpointe Street Acceptance Oh, I completed my review for the most party Tuesday. The only thing that remains is a quick title search update before recording once Tom DiPietro is satisfied with the stormwater system and the City Council accepts the streets and stormwater easement, although both of those documents(the road and stormwater easements) do not have to be accepted simultaneously. dave David W. Rugh, Esq. Stitzel, Page& Fletcher, P.C. 171 Battery Street P.O. Box 1507 Burlington, VT 05402-1507 Phone: 802-660-2555 Fax: 802-660-2552 drugh@firmspf.com Website: www.firmspf.com From: ray [mailto:rbelair@sburl.com] �--- Sent: Thursday, September 15, 2011 2:05 PM To: David W. Rugh Subject: RE: Southpointe Street Acceptance I now have the funds for this review so you may proceed and complete your review. Thanks. Ray Belair Administrative Officer City of So. Burlington 802-846-4106 From: David W. Rugh [mailto:DRugh@firmspf.corn] Sent: Tuesday, September 13, 2011 3:25 PM To: ray Subject: RE: Southpointe Street Acceptance Thanks Ray! David W. Rugh, Esq. Stitzel, Page& Fletcher, P.C. 171 Battery Street . P.O. Box 1507 Burlington, VT 05402-1507 Phone: 802-660-2555 Fax: 802-660-2552 drughfirmspf.com Website: www.firmspf.com From: ray [mailto:rbelair@sburl.cor ] 9/15/2011 / / i x, _� , / // DO N07 PLANT TREES /_' / 1 - // WITHIN THE OR SHR.) 4 CITY SEWER AND SJ /' / /� / / / // EAMENTS (TYPICAL). // / / / / / 1LJ // 1 / 1 --- / EXISTING 1, / , 1! / 1� - DRAINAGE� / / / //r J / / -'1L I/ I �` DITCH /I / / ,/ -�/���F—J� / _ may_ // - ,- ! _ :% ----- l= _T— - -/ r V ` / - r / moo: / / may/ • , GC 1ICK i /' 10. WIDE GRAVEL 0•. _ -' - / 1 / , �a 0 r/ COVERED WITH 2 OPS LD D LAWN D // -/- /- / w // / r�// CENTERED ON ARY S ER LINE - / / V + +� r NOT FOR PEES OR MAN OLES. DO // TYP'CAVLIMI75 OF / /� _ DRIVE' SH•UBS ON Vim. UNDI57URBE0 / / / I .,� !(J / �-- / / of rm r / 3 / / / / tea, / y.. , r „,...... / l� ,, - . N .� 141, - /...., - \ . ir • ,,// - 1/ /C3 la----- `),, N NO//WATER N BASD/#2-ATMEN7 / O N.‘...., // / AND/DETENTION BAST Z2-SEE ,/\-- DEl'AIL ON �( / SHEET - lk / / 246 - / ,oLt -r i itC:1) 4 ii.:II i /.\-''77-- ---l.. / / / / 1 /� // I /9 LY\/ r; Q I /0 i: 7 (1111 / / r i / / I J`- / -�M PINE ! ..>�� •�� �\ I , , / BRANCHES,•� 4��. SAVE TREES I A jr/ �aj�v -a3q I G>J • w / i,- � V "� I ti / , SPRVCE �y1--�,tQ / Uf BRUSH&(3)OR(4) I yl 6'Tp 9' o NAPL6 11 r THE CONTRACT SHALLIOR NOTIFY'DIGSAFE' AT 1-888-DIG-S r/X � TO ANY EXCAVATION. 111111 15111 /,// / 1 I ^.lE�ln v 1171115111 r 1/ j/ I LL ' / „m 0 / ❑ SKETCH EPT/ ❑ PRELIMINARY C I� FINAL — MT RECORD DRAWING SOUTH POINTS HE S111.11110. M'DER GROUP, INC. SPEAR zatauNizVERUONTPROPOSED GRADI IEETS � �S Mato PLANTINGS CWozeylOUR u� uk�weaCrNSInOcN. 1soJBOUNDARY ,, A+nctian Vf— t na.<D En`ineer pIa Te ., Mere3urrOS15i eyore 3 ® 10 *Al southburtinaton PLANNING & ZONING MEMORANDUM TO: Sandy Miller, City Manager irfi FROM: Raymond J. Belair, Administrative Officer RE: Heatherfield Streets Acceptance Request DATE: September 15, 2011 The City has been requested to accept the following streets in the Heatherfield residential development: Songbird Road, Hummingbird Lane, Chickadee Circle, and Woodthrush Circle (see attached plan). The Director of Public Works and the Water Superintendent have inspected the streets and the infrastructure and have given their approval for acceptance (see attached). In addition, the City Attorney has checked for title defects on the property and found none. Therefore, please request the City Council to accept the above referenced streets. If you have any questions, please let me know. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com Page 1of1 ray _ _ _ From: Justin Rabidoux Sent: Wednesday, August 31, 2011 4:06 PM To: ray Subject: RE: Heatherfield Street Acceptance We're all set on the stormwater side and Craig Lambert has reached an agreement with Heatherfield for a number (don't recall exactly, but in the 8-12 range)of trees to be replaced. Once that's done, I'm good to go. Justin From: ray Sent: Wednesday, August 31, 2011 2:11 PM To: Justin Rabidoux Subject: Heatherfield Street Acceptance Hi Justin, Just checking to be sure we are all set to accept the streets in Heatherfield. I know Craig L. and Tom had a punch list and was wondering if these items are complete before I recommend acceptance. Thanks. Ray Belair Administrative Officer It City of South Burlington 575 Dorset Street South Burlington, VT 05403 Ph:802.846.4106 Fax:802.846.4101 rbelair@sburl.com www.sburl.com 9/9/2011 Page 1 of 2 ray From: David W. Rugh [DRugh@firmspf.com] Sent: Friday, September 09, 2011 2:23 PM To: ray Subject: RE: Heatherfield Street Acceptance Yes, the title search has been completed and from my perspective the City Council may accept the streets, provided the City Arborist and Tom DiPietro are satisfied with the improvements to be accepted. Thanks, dave David W. Rugh, Esq. Stitzel, Page & Fletcher, P.C. 171 Battery Street P.O. Box 1507 Burlington, VT 05402-1507 Phone: 802-660-2555 Fax: 802-660-2552 drugh(Virmspf.com 'A!ebsite: www.firmspf.com From: ray [mailto:rbelair@sburl.com] Sent: Friday, September 09, 2011 2:17 PM To: David W. Rugh Subject: Heatherfield Street Acceptance Hi Dave, Could you please confirm that you are OK with my proceeding to request the City Council accept the streets in the Heatherfield development with the understanding that once the streets are accepted but before the deeds are recorded, you will update the title? Thanks. Ray Belair Administrative Officer 4 City of South Burlington 575 Dorset Street South Burlington, VT 05403 Ph:802.846.4106 Fax:802.846.4101 rbelair@sburl.com www.sburl.com 9/9/2011 I • ,Nm6.Y Nil j UQ'versity of Vermont -----------------•; — j S P A Fk 'T h E E T I t — — ---- =fir i Ili; "" 1'— • „ r • C t I a • ,I I I■� / � / ,/ a1 : j ► rI /, 1 1— i ^• { , 'h� \ I N� ij ID � I l _ cp0 - - • u� : . j am1---- -- � 1 •; y, ,� ‘,............_4_,;,e1,..! 1....,- .1q,s, -...,,:.,,,...,.....„...: r 4 ; 1 1-----tpti zo plition 1. 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' li ''''''..''' 1 I 1 ) <:::> :le,:i\-•,.-- i i i • 7 r, "N.' „?...--' ..• L ' II .-.,, eih,,,, : it �Ee`R .'� r r r I r I � ,© Ea I •-• $3q3 s � 1/ �,,,_� I ' I \A. ?' %�; T. j" cam: Atah TO: Vermont Selectboards and City Councils y i FROM: Sanford Miller,President VLCT Board of Directors RE: Voting Delegates at the VLCT Annual Business Meeting VERMONT LEAGUE OF CMES&TOWNS 89 Main Street,Suite 4 As part of TOWN FAIR, the Vermont League of Cities and Towns will Montpelier,Vermont 05602-2948 hold its annual business meeting at the Killington Grand Hotel,Northstar Ballroom I starting at approximately 2:15 p.m. (or at the conclusion of Tel.: (802)229-9111 the luncheon and awards program), Thursday, October 6, 2011. Fax: (802)229-2211 e-mail: To assure that all VLCT-member cities and towns are properly represented info@vlct.org and able to participate in the development of the 2012 Vermont Municipal Policy (the Legislative Platform of the Vei_Inont League of Cities and Towns) web: and the election of League officers, we are asking you as your www.v1ct.org legislative body to designate one official from your town as a VOTING DELEGATE for the meeting. This designation will assure that each town is heard from and gets only one vote. Your assistance in informing us of your decision prior to the meeting by completing and returning the enclosed form will expedite this. However, designations can be made on the date of TOWN FAIR at the VLCT Information Booth. Designated delegates can pick up their credentials card at the VLCT Information Booth in the Killington Grand Hotel. ONLY DELEGATES WILL BE ALLOWED TO VOTE AT THE ANNUAL BUSINESS MEETING! Please note that this is not a Town Fair registration form. Those who wish to partake of the rest of the day's activities (workshops, trade show and lunch) should also complete and return a Town Fair registration form with payment or register on-line. If you plan to attend only the annual meeting,please check the appropriate box on the attached voting delegate form. August 2011 Sponsor of Enclosure VLCT Health Trust,Inc. VLCT Municipal Assistance Center VLCT Property and Casualty Intermunicipal Fund,Inc. VLCT Unemployment Insurance Trust,Inc. SERVING AND STRENGTHENING VERMONT LOCAL GOVERNMENTS CITY COUNCIL 12 SEPTEMBER 2011 The South Burlington City Council held a special meeting on Monday, 12 September 2011, at 7:00 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; P. Conner, Director of Planning& Zoning; J. Rabidoux, Public Works Director; C. LaRose, Assistant Administrative Officer; J. Condos, G. Farrell, J. Zaetz, Members of the Natural Resources Committee: B. Schuele, B. Thorpe, P. Jones, B. Melizia, M. Ambusk,; M. Young, S. Dopp, L. Williams 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. Mr. Knapp moved to continue the executive session to a future date at which the Council will continue discussion of threatened litigation, and that between now and then, the Council will seek further information on whether to make a decision. Ms. Emery seconded. Motion passed unanimously Ms. Dooley advised that the Council would take no further testimony at this time. She further noted that Mr. Halter's letter and the city's response regarding the withholding of his pension will be posted on the city's website tomorrow. Regular Session: 1. Agenda Review: Mr. Miller advised that item#6 on the Agenda would not be considered at this meeting. City Council t sign A request from the Public Works Direct that could reduce any to ad an item for emat king fiends from a request for emergency relief from FEMA 12.5%to 10%was added as a substitute for agenda item#6. 2. Comments & Questions from the Audience, not related to Agenda Items: Mr. Condos asked if there is a date certain for continued discussion of the Hafter situation. Mr. Miller said they can't set a date certain as yet,but it will be posted within the legal requirement period. Mr. Farrell said he would like to make comments regarding the former City Manager. Ms. Dooley said these comments can be made in writing. CITY COUNCIL 12 SEPTEMBER 2011 PAGE 3 Several specific line items were addressed including: Police Station: $410,000 which was inaccurately budgeted and didn't have to be spent. has Property Insurance: $714,000 budgeted this was and $easo838,nable spent. Worker's Comp claims m0 are been budgeted, and Mr. Rusten felt down this year. Ms. Dooley asked if payments from the Airport were included in the budget. Mr. Rusten said they were not as staff was unaware of these at the time. Mr. Miller added that no bill had been sent out in FY 10, so there was no paperwork to tell anyone to budget it. Ms. Dooley noted that this will be the last budget proposed by the previous administration. 00 less Regarding Water Pollution Control,Mr. ey actually brought in hhan budgeted, leaving the0$6000 in revenue than was budgeted andexpended $1000 less deficit. The $450,000 surplus in Stormwater includes expenditures that were not made which will have to be made. Mr. Miller noted there may be some money that should be in Stormwater that isn't. It is hard to figure out what paid for what, i.e., did stormwater pay for other funds or vice versa. It may take a few years to figure that out, and even if it is figured out, there may not be money to put where it should be. Mr. Rusten said they may never completely know which funds loaned money to other funds. Grants and funds that were legally obligated to exist will be made whole. Mr. Rusten then explained the deficit regarding firefighters, noting that this includes one Firefighter deployed overseas. Mr. Miller noted the savings that will be realized when the"Quint" is delivered(this will be a bit later than anticipated). He that xexpll lained how nt overtime decisions are made on a case-by-case basis and stressed tm Heads are very responsible regarding budgeting. Ms. Greco questioned the$175,000 for street lights. Ms. Dooley noted a prior plan to shut off half the lights. Mr. Rabidoux said all lights are on. The city pays a monthly fee per fixture, whether lights are on oerCa f be a savi Greenngs by installing LED lightinountain Power owns the lgsand thisthe ts are on. Mr. Miller noted that the is being looked into. Mr. Miller then explained why staff feels the ambulance fund cannot be an enterprise fund as it will never be completely self-supporting. CITY COUNCIL 12 SEPTEMER 2011 PAGE 5 To achieve these goals, certain key areas must be focused on: trails (upkeep, remediation, etc.), invasive species,habitat(haying the fields, monitoring wildlife, etc.), outreach (signage,use of website for inform °n, etc.). Ms.She noted that cost stusk gmateave slwillbe needed.ers a list She what has been observed on site walks. also noted that after Irene struck, the committee noted branches on the trails and removed them and also removed a damaged tree. Committee members felt this can be a prototype for other city owned properties. Ms. LaRose thanked the Committee for the plan and for considering the naming recommendations. She noted that grant money does become available for some of the work that needs doing. She also emphasized the need for community outreach and education. Ms. Dooley asked if it would help to have the Council adopt the plan. Ms. La Rose said that is the goal. Mr. Young asked what percentage of the Open Space Fund is used for upkeep/maintenance. Ms. LaRose R u saidi�1($14% for,000)Open MssLaRose noted that none of that pace and Recreation. Mr. Conner said the voters approvedP money has been spent on this property as of now. Ms. Williams suggested that for next year, some of that money could be appropriated for this use. 8. Sign Disbursement Orders, including disbursements made by CWD on behalf of the South Burlington: Disbursement orders were signed. 9. Other Business: The next City Council meeting will be on 19 September with future meetings on 3 and 17 October. The Steering Committee will meet on 21 September at the Middle School Library, 6 p.m. Ms. Dooley noted she cannot attend the next Regional Planning Commission meeting because of the Steering Committee meeting, and the alternate is also not able to attend. She suggested the possibility of a second and third alternate,possibly staff members. Members were OK with putting this on a future agenda. Ms. Greco expressed an interest in discussing pesticide use on a future agenda. Mr. Conner noted that the city explored banning pesticides a few years ago and the State CITY COUNCIL 19 SEPTEMBER 2011 The South Burlington City Council held a regular meeting on Monday, 19 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: R. Rusten, Assistant/Acting City Manager; K. Murphy, City Manager's Staff; J. Rabidoux, Director of Public Works; P. Conner, Director of Planning &Zoning; B. Cimonetti, J. Dinklage, A. Clift, C. Smith, M. Young, J. Wilking, R&P.Nowak, B. Moore-Hafter, E. Hafter, K. Samberg, J. Jewison, J. Zaetz, D. Fleming, J. Kearns, P. Taylor, M. Williams, S. Dopp, T. Lafava, Dr. A. Blauch, R. Saenger, A. Jennings, E. Lesser-Goldsmith, B. Stuono, B. Albert, Col. D. Clark, Lt. Col. A. Rice, P. J. Pfeifenberger 1. Executive Session: Mr. Knapp moved that the Board meet in executive session to discuss personnel, contract negotiations and litigation. Ms. Emery seconded. Motion passed unanimously. Regular Session: 1. Agenda Review: No changes were made. 2. Other Business & Announcements: Ms. Dooley: There will be no decision on agenda item#4. There will be a decision by next Monday. Ms. Hafter said that Chuck Hafter's pension has been withheld for a year. It was first requested in August, 2010. In September, Mr. Hafter called and was told there were questions. On 4 October, Mr. Hafter's attorney asked for a copy of the pension plan. He got no response for 6 months. The letter Mr. Hafter wrote in March was legally required to begin litigation. Ms. Hafter stressed that her parents have been without the income they had counted on for a whole year. 3. Announcements & City Manager's Report: Ms. Dooley: Noted that the City Manager is attending the International City Manager's Conference this week. Ms. Greco: Attended the Fire Dept. Open House. CITY COUNCIL 19 SEPTEMBER 2011 PAGE 3 pay for it. 5. Presentation Regarding Trauma Informed Services: Ms. Saenger said that she and Dr. Blanch and Ms. Jennings are from Tarpin Springs, Florida, a city similar in size to South Burlington. She was Vice Mayor of Tarpin Sprints for 6 years and noted during that time that the city was facing challenges that only had"circular solutions," (e.g., homelessness, substance abuse, school dropouts, etc.). They were just putting bandaids on things. Because of this they sought information on "trauma informed communities." Ms. Saenger cited the power of local government to shape a community by ordinance, provided services, and the instilling of a sense of community. Tarpin Springs made a commitment for change and involved many partners in that effort: colleges, museums, fire &police,boys and girls clubs, citizens, etc. Dr. Blanch said this is a long-term commitment, not the immediacy of day to day decisions. She cited the long-lasting effects of traumatic events people's health, their ability to perform a job, etc. Ms. Emery asked what specific things they did in Tarpin Springs. Ms. Saenger said the Library provides a full range of materials; Police officers work with the homeless population(over 100 have sought treatment because of this effort); parents are asking to get involved at the schools, etc. Dr. Blanch said the most amazing thing they did was to bring everyone together at the table, and each group now has someone participating as part of a Steering Committee. They also had speakers from Washington and from the National Center for Trauma Involved Care. 6. Presentation and Update on Farmer's Market: Mr. Lesser-Goldsmith said the Farmer's Markets at Healthy Living began 3 years ago and have come a long way. Vendors provide prepared foods, crafts,music, and locally grown produce. Farmer's Markets are held every other Sunday, June-October and average about 25 vendors per event. There are at least 8 local farms represented per market. Ms. Lafava noted that the Farm to Family Program is new to the Farmer's Markets this year. This involves EBT tokens and Harvest Health coupons. Mr. Lesser-Goldsmith reviewed their efforts to promote the Farmer's Markets including CITY COUNCIL 19 SEPTEMBER 2011 PAGE 5 Mr. Taylor noted that the city's State Legislators feel that if both changes are approved by the voters, they should be submitted to the Legislature separately. Mr. Rusten reminded the Council that public hearings on the proposed changes are scheduled for 3 and 17 October. No date has yet been set for the public vote. Ms. Dooley said it will be before the end of the year so the Legislature can act as soon as possible. She added that it would be great if they could approve the items before the March city meeting. Ms. Clift asked if there should be an effective date included in the request. Ms. Dooley said they can make them effective as of passage. Mr. Knapp cited the expense of doing a city-wide appraisal. Mr. Rusten added that the city is well within the state requirements. Mr. Taylor noted that the Council can call for a reappraisal if they see a problem arising. 8. Discussion and Possible Council Action re: VTANG Road Construction Project Surety and Related Issues: Mr. Conner reviewed the history and necessity of moving the road. He noted that one condition of the regulations requires posting of a Performance Bond to insure that the road is built properly. Staff was approached by the Guard who said they can't provide the traditional warranty but as an alternative will have the contractor provide a one-year warranty to the Guard who will in turn provide that to the city. Mr. Conner said the City Council has to approve any alternative to the posting of a bond. Mr. Rabidoux explained the process for the city to take over a road,bike path, etc. The road must be in service for at least a year. The owner can then petition the city to become the legal owner. Col. Clark explained that they understand this is not a normal procedure. They have given the city a Memo of Agreement and need a response within eleven days or they will lose funding for the project. The City Attorney has suggested additional language which the Guard will run by its attorney. After this agreement is signed, the Guard can sign an agreement to get the road built. The city would take over the road when it is completed with a one-year warranty to be added to the construction contract. Mr. Rabidoux said there will be no additional burden to road maintenance as the existing road will be abandoned. Lt. Col. Rice said that if any issues arise, he and Mr. Rabidoux can work them out with the contractor. CITY COUNCIL 19 SEPTEMBER 2011 PAGE 7 11. Sign Disbursement Orders including disbursements made by Champlain Water District on behalf of South Burlington: Disbursement orders were signed. 12. Other Business: Ms. Emery noted that the "Complete Streets"people want to come to the City Council meeting on 17 October. 13. Executive Session: Mr. Knapp moved that the Council convene in executive session to discuss personnel, contract negotiations, and real estate transactions and to resume regular session only for the purpose of adjournment. Ms. Emery seconded. Motion passed unanimously. 14. Resume Regular Session: Council returned to regular session. As there was no further business Mr. Knapp moved for Council adjournment. Ms. Dooley seconded. Motion passed unanimously. Council adjourned. Clerk 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 1st 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 1' f September, 2011 otary ub is v/ii` South` i. in=:) _;F'f Sanford I.Miller,City Manager amiller@strurl.corn MEMORANDUM To: Charter Committee From: Sanford I.Miller,City Manager S3.M Re: Draft Language for Potential Charter Changes Date: August 31,2011 After the August 22nd 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 2nd 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 • (e)-A special appropriation is an expenditure which is separately authorized by the voters at an annual or special (f)Transfer payments government. ' udcs funds donated to the city or school district by private individuals or organizations,or like items. Section 13-1903 needs to be stricken and no wording put in its place. §-134943,Aeaftwaisal-4-taxat4e-prepeptit The department of-assessment shall fee-pp-False at least eve y three-years Ott may reappraise annually all taxable in the grand list on the basis of such valuation.Thc, department shall not be required-to physically inspect all property rgappraised provided that the city has: g 12 months which required the issuance of a ucture,the change in use of any structure or land,or the renovation of 12 months which required the approval of the and into two or more parcels for purposes of sale,I ase or ether conveyance and provided further that the department has: a zoning permit or subdivision approval has been issued. as of April 1 of t-he +.1-lajeet year.This method must be: (i)Set forth in written form. (ii)Available for public inspection er • all taxable-property+-in-the city,exeept-that property ax stabilization agreements.