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Agenda - City Council - 09/19/2011
00.010 southburlington VERMONT AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall Conference Room 575 Dorset Street SOUTH BURLINGTON, VERMONT Executive Session 6:30pm Monday, Sept. 19, 2011 Consider entering executive session to discuss personnel, contract negotiations and litigation. Regular Session 7:30 P.M. Monday, Sept. 19, 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. • Resignation letter from Rebecca Boedges - Recreation & Leisure Art Committee 4) Update on Council deliberations on the Eligibility for Retirement, Long Term Care Benefits and Home Equity Repayment regarding former City Manager. 5) Presentation Regarding Trauma Informed Services. (Dr. Andrea Blanch, Robin Saenger,&Ann Jennings) 6) Presentation and Update on Farmers' Market. (Eli Lesser-Goldsmith, Healthy Living) 7) ***Presentation of Proposed Language for Charter Changes. (Charter Committee) 8) ***Discussion and possible Council Action regarding VTANG Road Construction Project Surety and Related Issues. (Col. Joel Clark, VTANG) 9) ***Approval of Entertainment permits for: • Nightmare VT/South Burlington Rotary (contingent on Burlington Airport's approval of use of their property)—dates are Oct. 20, 21, 22, 27, 28 and 29. • ALS Association—Sept. 25. 10) ***Review and approve minutes from regular meeting held September 6, 2011. 11) ***Sign disbursement orders, including disbursements made by Champlain Water District on behalf of South Burlington. A supplemental City warrant is expected to be prepared Monday, Sept. 19th and presented to City Council at the meeting. 12) Other Business 13) Consider entering executive session to discuss personnel, contract negotiations, litigation and real estate acquisition. 14) Adjourn. Respectfully Submitted: Sanford I. Miller, City Manager ***Attachments Included South Burlington City Council Meeting Participation Guidelines The City Council Chair is presenting these guidelines for public participation and attendance at City Council meetings in an effort to insure that everyone has a chance to be heard and meetings function as smoothly as possible. 1. Please raise your hand to be recognized to speak. The Chair will make every effort to recognize the public in the order in which hands are raised. 2. Once recognized by the Chair, please identify yourself to Council. 3. If the Council has suggested time limits, please respect them. Time limits will be used when they can aid in making sure everyone is heard and sufficient time is available for Council to conduct business items. 4. In order for City Councilors and other members of the audience to hear speakers' remarks, side conversations between audience members should be kept to an absolute minimum. The hallway outside the Community Room is available should people wish to chat more fully. 5. Please address the Chair. Please do not address other audience members or staff or presenters and please do not interrupt others when they are speaking. 6. Make every effort not to repeat the points made by others. 7. The Chair will make reasonable efforts to allow everyone who is interested in participating to speak once before speakers address the Council for a second time. 8. Council desires to be as open and informal as possible within the construct that the Council meeting is an opportunity for Councilors to discuss, debate and decide upon policy matters. Council meetings are not"town meetings". To this end, after the public has had the opportunity to make comments, the Chair may ask that discussion be among Councilors. • 73 -I —I —I Uf —I Uf 'n no U; +.1+ ^ H H ed `-3 7ci co -I cn -,ten c0co r Uf� Coo E � n O O -� a ? a C x c `a 2 - Q f7 rD 0 i•-; I n �' N 0 ' �=- IF T = corn G ry rD 0 3 m '� o m Q° -, 3 `, o 4 I 0 O r=r ,. w '!! • 00 O I Ol i n• n a' _ cr)a) N �+ a - ? '0 v Oi • SD r. 3 0 C) r- N o- n m• cD• m 0 3 c ro v o '' G' n m c o = O N fl, 3 t ..• CD p. . O `'r N h cn rr Uq CO cn pp 6 CD a o 0- CM - S a. cocn C • N• o o 3 3 1 -. ro ro , ; c a co co 0 w r+ CD 3 5• o to a .-+ o a =: 'a -a -o ? 0 nZ. n ai CCD O O ti TS CD o i o i ET 0 o 0 n co 0 P' C o 0) a Date: September 16, 2011 To: South Burlington City Council From: Charter Committee A. Clift D. Coriell D. Fleming, Vice Chair D. Kinville P. Taylor, Chair CC: R. Cassidy, Chairman, South Burlington School Board S. Miller, City Manager, South Burlington D. Young, Superintendent, South Burlington Schools Re: Charter Change Recommendations Thank you for providing staff and facilities support as the Charter Committee considered several Charter related matters at your request. Three potential changes to the South Burlington Charter were submitted to and considered by the Charter Committee. In brief these are: 1. Constables: Consider Abolishment of the first and second Constable positions (Sec. 13-301). 2. Budget: Elimination of the Consumer Price Index (CPI) consideration related to budget passage (Sec 13-1304) 3. Appraisals: Revision of the reappraisal schedule (Sec. 13-903) It is noted that item 2 was suggested by Mr. J. Zaetz1. Items land 3 were proposed by the City Manager's office. All are described in Attachment A. The Committee met three times to consider comments from the City Administration, School District Board, and the public. The minutes of these meetings held on August 11, August 22, and September 12, 2011 are available on the City website2. Taking these potential changes in order, the Charter Committee's recommendations are: Re: Constables: Mr. S. Miller, City Manager, noted at the August 22, 2011 meeting that upon further research concern had been raised about the 1J. Zaetz. Letter to South Burlington City Council, April 19, 2011 2 Charter Committee agenda, August 11, 2011. See South Burlington website http://www.sburl.com/index.asb?Type=B BASIC&SEC={7BD8FC98-9964-4E00-B9B6- D624E878B271} 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. 3 Deletion Attachment C Recommended Charter Changes §13-1304. Amount to be raised by taxation (a) 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. (c) If the budget for the city or school district is not -tee by the voters at the special meeting provided for in subsection (b) of this section, the city council or school board shall Bureau of I abor statistics. � �w w v, .�rrr.T �;pyyy� n � ;s • • (1) Payme . (2) Payment for municipal utilities funded by user fees. 5 Deletion that the city has: required the issuance of a permit for the construction of any new structure, the change • • required the approval of the planning commissi firth yaacc and provided • nr that the depa F a 4 • has boon issi god v wvv�� JCJF4�7 • • • April 1 of the subject year. This method must be: • • • (iii) Utilized in the determination of the fair market value of all taxable property in the 7 - CITY CHARTER COMMITTEE 11 AUGUST 2011 The South Burlington City Charter Committee held a meeting on Thursday, 11 August 2011, at 5:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: A. Cliff(via telephone), D. Coriell, D. Fleming, D. Kinville, P. Taylor Also Present: S. Miller, City Manager; D. Young, Superintendent of Schools; Sen. S. Fox; Rep. M. Kupersmith; S. Dooley, City Council; K. Murphy, City Manager's Staff; J. Zaetz 1. Introductions: Members of the Committee were introduced. 2. Agenda Review: Committee members agreed to elect a Chair and Vice Chair. Mr. Fleming nominated Mr. Taylor for Chair. Ms. Kinville seconded. There were no further nominations, and Mr. Taylor was elected unanimously. Mr. Taylor presided over the remainder of the meeting. Mr. Coriell nominated Mr. Fleming for Vice Chair. Ms. Clift seconded. There were no further nominations, and Mr. Fleming was elected unanimously. Mr. Miller then reviewed the Vermont League of Cities and Towns Municipal Assistance Center(MAC) survey he had requested regarding South Burlington City Charter changes. 3. Consider the abolishment of the First and Second Constable positions (Sec.13- 301): Mr. Miller noted that there are now other people doing the duties previously assigned to the Constables. He was not sure that what they are doing is "according to Hoyle," and they may be doing things that are "an accommodation." While the constables had been given the task of serving summonses in the past, that job is now done by Police officers. Both constable positions are now filled by Police officers. Mr. Coriell asked how long the positions have been held by Police officers. Ms. Kinville said at least 11 years. Ms. Dooley asked if the constables are paid. Mr. Miller said they are not. Mr. Taylor noted that if the Committee decides to follow through on any of the potential CITY CHARTER COMMITTEE 11 AUGUST 2011 PAGE 2 Charter changes, there would be some timing issues in getting them through the Legislature. He suggested that the Committee not make decisions at this meeting but seek more input. Members were OK with this. Mr. Fleming asked for an explanation of the"end product"of the Committee. Mr. Taylor said he has been on the previous City Charter Review Committee which had been asked by the City Council to look at the whole Charter and provide input regarding potential changes, etc. He felt the Committee is more of a"fact finding" group. Mr. Taylor noted that if the Committee decides to move any of the potential Charter changes forward,there will be pressure to have a special vote in the fall so the Legislature can consider the changes at their next session. He suggested a possible November vote. Members agreed. 4. Consider Elimination of the Consumer Price Index (CPI) Provision Related to Budget Passage(Sec. 13-1304): Mr. Miller noted that Jay Zaetz had requested that South Burlington do what every other community does: vote on a budget until it passes. The City Council had noted that calculation of net operations was not easily understood, and this Charter change may make things much clearer. Mr. Zaetz noted that voters had been told by the city that if they didn't pass the budget the first or second time, the budget would actually be higher. People felt they were being forced to approve the budget because of this. Ms. Dooley said this request shows how the approach to budgeting has changed in a short time. She noted it is true that both the City and School District budgets were below the CPI, and she personally did not like being in the position where voters felt they had to approve the budget or possibly pay more. Mr. Miller said he didn't feel it was clear to voters how the CPI system works. There is always the question of whether the City Council would increase a budget if an extra percent were allowed. He said the current system results in voters not voting on a"true" budget. Supt. Young said the School Board would like to be part of this discussion. They want clarity, without confusion for the voters. He stressed the need to look at all the implications. -Mr. Fleming asked what happens if a budget is never approved. Mr. Miller said some CITY CHARTER COMMITTEE 11 AUGUST 2011 PAGE 3 • budget have"safety nets." The State allows the School District to spend up to 87% of the last approved budget. There is no similar arrangement for a municipal budget. Mr. Taylor said it would be helpful to know what other communities the size of South Burlington do in the way of a"safety net." Mr. Miller said there are only a few municipalities in the state the size of South Burlington, and they were asked for input. Only Bennington and Brattleboro responded. He added that a municipality would have to continue to provide essential services with very limited hours in most offices. There is no guidance for this in the Charter. Mr. Zaetz said his objective is to make things as simple as possible for voters and not to have them feel pressured. Mr. Taylor suggested members think about what information they would need to make a decision. Mr. Fleming said he would like confirmation of the 87% floor for the School District and an outline of the implications of a"shut down." Mr. Taylor said he would like to know if any community ever reached that point. 1 • Mr. Miller said that municipal budgets rarely fail and that nobody he spoke to could remember there ever being a shut down. Mr. Fleming asked if the Charter anticipates that the School District and City will have the same process. Mr. Miller said it would be confusing if they don't. He reiterated that the current process is not ideal for voters who don't get a clear item to vote on. Ms. Kinville then explained the process for calling an election. She also noted that she has access to all the people who run elections in the state and can get input on the process. Mr. Miller noted that a municipality doesn't save money by"shutting down." There are enormous unemployment costs, etc. 5. Consider Reappraisal Schedule(Sec. 13-1903): Mr. Taylor noted that this a time sensitive issue. Mr. Miller explained that the City Attorney had advised him that the city will be in violation of the Charter if it doesn't do a reappraisal for the next fiscal year. The Charter requires an appraisal every 3 years. However,there is actually no need for this since there CITY CHARTER COMMITTEE 11 AUGUST 2011 PAGE 4 is a State process that works very well. A reappraisal is also very expensive. The City Attorney advised that if something isn't done to change the Charter, next year's Grand List and people's appraisals could be called into question. Mr. Coriell asked why the provision is in the Charter. Mr. Miller said there had been a thought that reappraisal could be done on a"statistical"basis (without actually viewing the properties) or on a"rolling"basis. But even that is expensive. Mr. Fleming asked if property is reappraised when it is sold. Mr. Miller said that is illegal. Ms. Kinville noted that when property is improved, an addition is given value. Mr. Miller said that administrators like the state statute which includes funding($70,000) paid annually to a municipality. The municipality can then develop a"reappraisal fund" to cover the cost of a reappraisal when it is needed. Mr. Taylor asked if this fund now exists. Mr. Miller said it should, but that it was one of those funds that wasn't segregated in the past, so that money was spent elsewhere. Members then considered process and timing. Mr. Taylor noted that for a November vote there would have to be an October warning. He suggested the Committee meet in 2 weeks. In the meantime, he would seek input from Bill Cimonetti and John Simson regarding reappraisals. Mr. Miller and Ms. Kinville will work together on a timeline. Members agreed to meet again on 22 August, 5:30 p.m. Mr. Miller suggested 12 September for a third meeting. This will give staff time to draft specific language. Rep. Kupersmith said she can secure a"place holder" in the House. She noted that if a community needs legislation, the Legislature will do everything it can to get it done. 6.Other Business: Ms. Kinville raised the question of voter"write-ins" and whether these should have to be listed and counted. Mr. Miller said he wants to be smart about what is sent to the Legislature since there is a time sensitive issue. It was noted that the scope of what the Committee looks at is usually defined by the City Council. As there was no further business to come fore the Committee, the meeting was adjourned at 6:45 p.m. 1 CITY CHARTER COMMITTEE 22 AUGUST 2011 The South Burlington City Charter Committee held a meeting on Monday,22 August 2011, at 5:30 p.m.,in the Conference Room, City Hall, 575 Dorset St. Members Present: P. Taylor, Chair; A. Clift, D. Coriell, D. Fleming, D. Kinville Also Present: S. Miller, City Manager; R. Rusten, Assistant City Manager; K. Murphy, City Manager's Staff; Rep. M. Kupersmith; Rep. A. Pugh; J. Beatty, School Board; J. & M. Zaetz 1.Agenda Review: No changes or additions were made. 2.Minutes of 11 August 2011: Mr. Coriell moved to approve the Minutes of 11 August 2011 as written. Mr. Fleming seconded. Motion passed unanimously. 3. Consider the Abolishment of First and Second Constable Positions (Sec. 13-301): Mr. Miller noted that there seems to be a concern that the City many not have the constitutional right to abolish these positions. Other communities have changed the duties for the Constables. Mr. Miller suggested postponing consideration of this issue until the City can get additional information. Mr. Fleming moved that the Committee not recommend any changes to the City Charter with regard to the First and Second Constable positions at this time. Ms. Clift seconded. Motion passed unanimously. 4. Consider Elimination of the Consumer Price Index (CPI) Provision Related to Budget Passage: Mr. Miller said that in regard to the Municipal Budget, there is nothing in State Statutes as to what would happen if a budget didn't get passed. He noted that it is very rare that municipal budgets don't pass, and staff recommends there not be a"fail safe" mechanism and that voters should just continue to vote until a budget passes. In the event there were multiple failures to pass a municipal budget, there would be extreme austerity measures taken at the option of the City Council. Layoffs would occur, CITY CHARTER COMMITTEE 22 AUGUST 2011 PAGE 3 the budget passed. Members considered what additional information they might want for the next meeting. Mr. Fleming said he would want to see the proposed language. Ms. Clift agreed and said she was leaning toward the language proposed by the citizens who brought this forward. Mr. Coriell said he was leaning toward a cleaner, less-encumbered change. He felt that providing too many details could lead to unintended consequences. He said he would look at a"fail safe" option, if presented. Ms. Kinville said she could go either way on a "fail safe" option. Ms. Beatty asked why there is such a rush. Mr. Taylor explained the time-sensitive nature of the next item and said the city would like the Legislature to consider both at the same time. Mr. Zaetz said he could guarantee that there would be a citizen petition by March if the Committee doesn't take action on this item. Mr. Miller said staff will provide language for the next meeting on a"vote till approved" amendment. Mr. Taylor noted this would be the same for city and schools absent of other language. 5. Consider Reappraisal Schedule: Mr. Miller said he no additional language to propose. Mr. Taylor said he had talked with John Simson who said the City Charter Review Committee did not spend any time on the possibility of a"rolling reappraisal." Mr. Taylor noted that the recommendation is that the city not do a reappraisal because it falls within state requirements. Mr. Miller noted that the city has not been following this provision of the Charter. The urgency is to protect the integrity of the Grand List. He stressed that the Charter provision is unnecessary and very expensive. With regard to a"rolling reappraisal,"Mr. Miller said he was not sure what this consists of. It could be condos one year, commercial property another, and residential another. However, with the current staff structure,they can't be done. Statistical reappraisals are interesting, but you can't keep doing them as they lose validity. Rep. Pugh asked what happens if the School Board does not support the amendment regarding the elimination of the CPI. Mr. Miller said that at the end of second public hearing, the Council can decide what to put on the ballot. He added that no matter what is on the ballot, the Legislature can change the language approved by the voters. The next Committee meeting will be on 12 September, 5:30 p.m. As there was no further business to com. efore the Committee, the meeting was adjourned at 6:45 p.m. 1 ' Chair Unapproved CITY CHARTER COMMITTEE 12 SEPTEMBER 2011 The South Burlington City Charter Committee held a meeting on Monday, 12 September 2011, at 5:30 p.m.,in the Conference Room, City Hall, 575 Dorset Street. Members Present: P. Taylor, Chair; A. Clift, D. Coriell, D. Fleming, D. Kinville Also Present: S. Miller, City Manager; R. Rusten, Assistant City Manager; Rep. M. Kupersmith; D. Young, Superintendent of Schools; R. Cassidy, E. Fitzgerald, School Board; J. &M. Zaetz 1. Review and Approve Minutes of 22 August 2011: Ms. Clift moved to approve the Minutes of 22 August 2011 as written. Mr. Coriell seconded. Motion passed unanimously. 2. Consider Elimination of Consumer Price Index (CPI) Provision Related to Budget Passage (Section 13-1304): Mr. Cassidy suggested a change which the School Board felt would accept the idea of removing the CPI concept but all address the question of what happens if the budget year begins without an approved budget. The proposed change would allow both the city and school to borrow up to the amount of the previous year's budget. Mr. Taylor asked if the School Board would be comfortable referencing the State statute that allows borrowing up to 87% of the previous year's budget. Mr. Cassidy said a 13% budget cut is not a comfortable thing. Mr. Taylor said they would not need to access 100% of the budget unless the proposed budget got turned down for a full year. He asked what would happen if they spent 100% of the previous year's budget, and the voters then rejected the proposed budget. Mr. Cassidy said it would be very foolish to spend 100%if the voters were turning down budgets. Mr. Fleming asked why the School Board was opposed to the state language and the 87%. Mr. Cassidy said it wasn't clear from the proposed Charter language that the State Statute would be invoked. He added that it could be impossible to comply with legal obligations for a full year at 87%. Ms. Kinville asked at what point the schools would have to give out RIF notices. Superintendent Young said they would be given out in March. Ms. Kinville said this could result in the loss of valuable employees. She suggested language that would allow spending/borrowing on a monthly basis. Members continued to be concerned with the 100% figure. Mr. Fleming noted language proposed by City Councilor Jim Knapp which obligates both Unapproved CITY CHARTER COMMITTEE 12 SEPTEMBER 2011 PAGE 3 3. Consider reappraisal schedule (Section 13-1903). Consider setting the reappraisal schedule to reflect State law by deleting Section 13-1903: Mr. Taylor said the proposal is to strike the entire section. Mr. Rusten said if the language is struck, the city will be under the state statute. Mr. Fleming asked about building up a fund for a future appraisal when it is needed. Mr. Rusten said that discussion will take place during FY13 budget preparation. Mr. Coriell moved to approve the striking of Section 13-1903 as proposed. Ms. Kinville seconded. Motion passed unanimously. Ms. Clift asked if there is assurance there will be a decision by the Legislature in time to implement the voting changes by March. Mr. Taylor said that the City's Legislators had promised to do everything they could to expedite passage by the Legislature. Mr. Taylor then suggested a letter to the City Council explaining how the Committee got to its decisions. Mr. Fleming agreed to help with this. As there was no further business to come before the Committee, the meeting was adjourned at 7:00 p.m. {eri L0t4 `.lam southburlington PLANNING & ZONING MEMORANDUM TO: South Burlington City Council & City Manager FROM: Paul Conner, Director of Planning &Zoning SUBJECT: National Guard Avenue Relocation DATE: September 19, 2011 City Council meeting Project History: The Air National Guard (Guard)has been pursing a project to acquire land and relocate a portion of National Guard Avenue to the north, into order to create a more secure entry and perimeter to the base. The Guard received Federal funds to undertake the project. Between 2009 and 2011, the Guard completed an Environmental Impact Statement for the project. In December 7, 2009 the Guard met with the City Council to gather feedback and obtain support for an eventual exchange of land (current roadway ROW for the new roadway ROW). The Council authorized the City Manager to issue a letter of support for the relocation. The City Council chair issued a letter reiterating this support in January 2010. The Guard provided a project update in December 2010 to the Council. Following completion of EIS,the Guard submitted an application to the city's Development Review Board (DRB) for a subdivision of land adjacent to National Guard Road and the creation of a new section of the Road to replace the current segment. The DRB granted approval for the subdivision in June, 2011. Following issuance of the DRB decision, Guard staff approached the City, stating that under to Federal law, the Guard cannot offer the city a performance bond for the new roadway, one of the conditions of the DRB approval. Standard Requirements for new Roadways: It is the city's standard practice with new roadways and other infrastructure to become public that certain levels of surety are provided to the city. The authority and requirement to do so is established in the City's Land Development Regulations, Section 15.15, Performance Bonds. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com The proposal from the Guard would represent a period of 12-16 months between the initial use of the road and the end of the warranty period. Their letter also indicates the possibility of extending the warranty period,but does not commit to such an action. The Guard's request is time-sensitive from their perspective. They have represented to staff that they are at risk for losing $5 million in grant funding if they cannot sign a construction contract by September 30, 2011. Council Authority to Approve Alternate Surety: Section 15.15(A) of the city's LDRs provide the City Council with the authority to approve the surety or security of the performance bond: Section 15.15(A). Before commencement of construction, the subdivider or developer shall furnish the City with a performance bond with appropriate surety or security approved by the City Council in an amount to cover the full costs of all new streets, required improvements, and site restoration, and their maintenance for a period of two years after completion. (emphasis added). The city's standard practice is to have applicants use standardized forms that have been prepared and/or reviewed by the City Attorney; blank spaces are then filled in by the applicants and completed with staff. Under this section, however, the Council does have the authority to approve other, alternate arrangements for gaining the surety required by the regulations and the DRB. Staff recommendations: 1. Staff is neutral on the request made by the Guard in this instance with respect to items (a) and (c) above. Staff has no concerns with item (b), the easement. It is staff recommendation that the Council consider the pros and cons of this proposal and make a final determination. 2. Should the Council elect to agree to an alternate form of surety, staff would recommend that the Council require some form of assurance beyond the one (1) year contractor's warranty. Ideas developed by staff include: a. Requiring the that the Guard complete the roadway in two phases, with at least one winter in between the two. Phase I would be the construction of the road, laying of the "base coat" of the pavement, and opening of the road to the public. Phase II would be the installation of the "top coat" of the pavement. b. Require that the Guard extend its construction warranty for an additional year, with the assurance that this warranty covers the full standard range of potential defects in the roadway and related infrastructure. 3 STATE OF VERMONT OFFICE OF THE ADJUTANT GENERAL 789 Vermont National Guard Road Colchester, Vermont 05446-3099 15 September 2011 Ms. Sandra Dooley, City Council Chair City of South Burlington 575 Dorset Street South Burlington, VT 05403 Dear Ms. Dooley, I am writing this letter in response to concerns by the South Burlington City Manager, the Director of Planning and Zoning and the Director of Public Works regarding the relocation of National Guard Avenue (Poor Farm Road). We are very close to losing funding for a project that has already spent more than $1,087,000 on design, archeological mitigation and an environmental impact statement. The construction portion of the project is estimated between $4,000,000 and $5,000,000. Also at jeopardy is a new Security Forces facility that depends on this road relocation. This project reduces a security concern of ours and was recognized by your Council in a 21 February 2010 letter as a benefit to the City. A copy of the letter is attached. We have been working with South Burlington officials for several years on this road project with a plan for the Vermont National Guard completing road construction on land leased by the U.S. Air Force and licensed to the Vermont Air National Guard. Upon completion of the project, the newly constructed road would replace the current South Burlington road as a public road. This new road contains a new recreation path for the benefit of the citizens of South Burlington and the military members in that area. The project appears to be bogged down due to a misunderstanding regarding the federal government's procurement regulations and its exemption from local land use regulations. We can assure the City of South Burlington that our construction meets and/or exceeds any State requirements and that the federal government bonding and warranty process will provide the necessary protection of the new road. In fact, as further protection, we are in the process of amending our contract to provide a two year warranty against roadway settlement and the wear course of asphalt. For a short period, a financial issue between Burlington and South Burlington halted progress on this project as well. That no longer appears to be the case. To further ensure we provide you with a quality product, we encourage Mr. Rabidoux or, a member of his staff, to make regular visits to the project site during the construction period. We have had two major horizontal construction projects in the vicinity of this project; one in 1997 and one in 2000. Both involved sub-base and asphalt work. With the exception of a lightning strike, no potholes or settlement issues have been identified. N VERMONT February 21,2010 Colonel Douglas E. Fick Commander 158,FW/CC Vermont Air National Guard 105 NCO Drive South Burlington,Vermont 05403-5873 Dear Colonel Fick: Thank you for your letter of January 12,2010 which responds to the concerns raised by South Burlington in our January 6,2010 meeting. I am sorry to be so Iate in getting back to you,but this has been a busy time with the City finalizing its budget for next fiscal year. Based on the assurances contained in your January 12,2010 letter,I am pleased to inform you that the City believes that the relocation of Air Guard Road will be a benefit to South Burlington and that the City fully supports the preferred alternative. We can't accept the road until it has been constructed and in service for at least one year pursuant to our zoning regulations. The City of South Burlington has accepted all roads which have been built to the required standards. We appreciate your working with the City on these important issues. We intend to remain close partners as these plans move forward. We thank you and everyone at the Vermont Air National Guard for your service to our state and nation. Sincerely, Mark L.Boucher City.Council Chair South Burlington,VT 05403 MEMORANDUM OF AGREEMENT BETWEEN City of South Burlington, State of Vermont AND Vermont National Guard SUBJECT: Relocation of Portions of National Road in South Burlington, Vermont 1. Purpose. WHEREAS,the City of South Burlington(hereinafter referred to as "South Burlington"), the City of Burlington, (hereinafter referred to as Burlington) and the Vermont National Guard, (hereinafter referred to as "VTNG"), Have a mutual interest in relocating part of National Guard Avenue as described and approved in the Decision in the Final Plat Application#SD-11-19 Vermont Air National Guard— National Guard Avenue, and Recognize that cooperation to accomplish this goal will promote the public interest; NOW THEREFORE the parties agree to the following terms. 2. Terms: a. Performance and Payment Bonds. The Decision in the Final Plat Application#SD-11-19 Vermont Air National Guard— National Guard Avenue, Condition#8 requires that VTNG, provide performance and payment bonds based on requirements within the South Burlington Land Development Regulations. In addition, South Burlington's Land Development Regulations require the maintenance of a 10% bond for a two year period on newly constructed roads for the purpose of maintenance and upkeep of public roadways. As the construction will occur on federally leased land and is funded by the federal government, applicable federal procurement regulations mandate that the contractor awarded with the federal contract provide both performance and payment bonds in accordance with the Federal Acquisition Regulations and the Miller Act. The Federal Acquisition Regulation further provides additional warranties under FAR clause 52.246-21 (attached). Aside from the above bonds and warranties required by federal contracting regulations, the federal government is prohibited in using federal funds to obtain any further bonds. As the c. The performance of this Agreement by either party is subject to acts of God, government regulations, disaster, strikes, civil disorders, or other emergencies, any of which make it illegal or impossible to provide the facilities and/or services under this Agreement. VTNG may terminate this agreement or suspend the agreement in times of state of emergency, national emergency, declaration of war, invasion, rebellion,police action,training needs, security reasons or military necessity,no matter where located. It is provided that this is written notice from one party to the other without being subjected to any other contractual remedies. d. This agreement shall be construed and enforced in accordance with the laws of the State of Vermont and may only be modified or amended by mutual agreement of the parties in writing signed by a duly authorized representative of each of the respective parties hereto. This agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same. IN WITNESS WHEREOF,we have hereunto set our hands this day of September 2011. SANDRA DOOLEY MICHAEL D. DUBIE Chair Major General S. Burlington City Council The Adjutant General KREBS & LANSING Consulting Engineers, Inc. 164 Main Street, Suite 201 Telephone(802)878-0375/ Fax(802)878-9618 Colchester, VT 05446 email@krebsandlansing.com ems To: Col.Joel Clark From: Scott Homsted,P.E. Date: September 17,2011 Re: Base Security Improvements -Paving Schedule and Installation We are writing in regards to the base and top coat paving installation for the relocation of National Guard Avenue in South Burlington. It is our understanding that the City of South Burlington has requested that the base coat be installed and left for one construction season prior to the installation of the top coat of pavement. While waiting a construction season between courses of pavement is common practice for subdivision type streets, it is our professional opinion that the relocated National Guard Avenue would be better served by installing the top coat of pavement immediately after installing the base coat if possible. The reasoning for waiting a construction season between courses of pavement on a new road is typically that initially the road will see primarily truck and construction traffic. In the case of residential or commercial subdivision this is often the case as the road is built first,and subsequently construction continues on the houses, buildings, and lots. A normal distribution of traffic occurs as the subdivision becomes fully built out. However, the relocated National Guard Avenue will be primarily a"through"street. The improved street will immediately see a normal distribution of traffic as area residents and businesses will use it as an alternate route between Williston, South Burlington,Colchester,and Essex. Advantages to applying both courses of pavement include: • Better adherence between the top and base coats of asphalt; • Finish quality line striping can be applied without needing to be redone; • Drainage structures can be set at their permanent finish grades without having to be adjusted. Please contact us if you any questions or comments regarding this matter. Submitted by, Scott Homsted, P.E. Swh 10107:Clark memo 9-16-11 Page 1 of 1 CITY COUNCIL 6 SEPTEMBER 2011 The South Burlington City Council held a regular meeting on Monday, 6 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; K. Murphy, City Manager's Staff; J. Rabidoux, Director of Public Works; P. Conner, Director of Planning& Zoning; L. Murphy, Community Library; J. McNeill, P. Lynn, J. Condos, C. Smith, S. Magowan, B. Cimonetti, D. & K. Gravelin, E. Hafter, J. Zaetz, K. Gonyaw, R. Stevens, F. Scanlen, B. & P. Nowak, M. Paustian, T. & S. Sissel, F. Ryan, M. Grover Cleveland, M. Young, G. Silverstein, K. Samberg, D. Fleming, J. Wilson, C. Johnson, S. Dopp, A. Clift, J. Kearns, A. Legg, R. Kay 1. Executive Session: Ms. Emery moved the Council meet in executive session to discuss personnel, litigation and contract negotiations. Mr. Knapp seconded. Motion passed unanimously. Regular Session: 1.Agenda Review: Mr. Miller noted the possible addition of a special event permit request from Ascension Day Care. Members were OK with adding this to the agenda. 2. Comments & Questions from the Audience,not related to Agenda Items: No issues were raised. 3. Announcements & City Manager's Report: Mr. Engels: Attended meeting of Pension Review Committee on Thursday. He noted the need for education for committee members regarding the Pension Plan. A presentation will be solicited from organizations which can help. Thanked city employees for their hard work during the "Irene event." Noted the quick response to a tree/power line issue at his home. Ms. Emery: Also thanked Public Works people for their work during "Irene" and the public for reaching out to those in need. Ms. Dooley: Will be attending a meeting regarding the transportation plan. CITY COUNCIL 6 SEPTEMBER 2011 PAGE 3 Unless it happens in open session and is recorded in the Minutes. Mr. McNeill explained that Mr. Hafter had several contracts during his tenure with the city. Contracts in 1989 and 1992 specified that Mr. Halter would be entitled to participate in either the ICMA or the city employee's retirement plan. Mr. Hafter chose to participate in the ICMA contract. Subsequent contracts no longer said ICMA or another plan of his choosing. Later, toward the end of Mr. Hafter's service, the question arose as to his participation in a long-term care plan. There is little doubt that this was raised for discussion between the City Council and Mr. Hafter. Mr. Hafter has said that he tried to keep his compensation level at the same percentage of increase as other employees were getting and that he would consider other forms of compensation. Long term care was one of those other considerations. The City Council authorized Mr. Hafter to investigate such a program and to report back to them. There is no indication in the Minutes of a decision having been made by the City Council regarding this benefit. There is no doubt the plan was taken out by Mr. Hafter and premiums were paid by the city. Mr. McNeill then reviewed the recollections of City Council members who were in office at the time these matters were discussed. He indicated that 9 former Councilors were contacted. Their recollections were not perfect or the same. The majority felt the Mr. Halter had made a selection between the city and ICMA plans; others said they were aware Mr. Hafter was in both plans but assumed this had been allowed before their time on the Council. One Councilor thought the decision for Mr. Hafter to be in both plans was made in executive session without objection. There was a vague recollection of action being taken in an open session. Regarding"promissory estoppal," Mr. McNeill said that responsibility for dealing with this in an open session increases with the nature of an employee's position (there is more responsibility for a higher position). Mr. Hafter, through his attorney, has provided some information: 1. On an annual basis, Mr. Hafter was listed as a member of both ICAM and the city's retirement plan. (Mr. McNeill said they have not been able to establish whether those reports were delivered to the City Council) 2. Participation in pension plans was listed in the annual city budget. 3. An undated communication from Mr. Halter to the City Council Chair Jim Condos indicates Mr. Hafter is enrolled in both plans (Mr. Hafter's attorney says this is proof the City Council was aware of this). CITY COUNCIL 6 SEPTEMBER 2011 PAGE 5 In an e-mail to the City Council prior to his final 7-year contract, Mr. Hafter identified that he was a participant in the city's retirement plan. There were no objections. Mr. Lynn said Mr. Hafter never tried to hide the fact that he was in 2 plans and would often tell people who were being hired that they should participate in both plans and in Social Security as "three legs of the stool." In 1992, Peg Strait informed Mr. Hafter that he had to be enrolled in the city's retirement plan. Information on this was in the audit documents that were available to the City Council. Regarding the long term care issue, Mr. Lynn noted that this was raised when Mr. Hafter didn't want a higher percentage raise than other employees were getting. City Councilor Steve Magowan suggested a long term care option. Mr. Hafter researched this and brought the information to the City Council. The Council agreed to this in an executive session. Mr. Lynn stressed that Mr. Hafter served the city honorably. He asked that the Council deliberate openly. Mr. McNeill noted there is a difference between the type of ICMA participation for city employees and that which was made available to Mr. Hafter. Regular employees have a participation which the city matches. In Mr. Halter's case, there was no match required. Mr. McNeill then listed the former City Councilors who were contacted during his firm's research: Paul Farrar, Jim Condos, John Dinklage, Steve Magowan, Chris Smith, Terry Sheehan, and Dan O'Rourke. He said he would make information from these individuals available to Mr. Hafter's counsel. Mr. Lynn commented that he found it odd that a year after this issue arose; the city and its attorneys don't yet know the standards that governed the city's plans. Public comment was then received as follows: Chris Smith(former City Councilor): The City Council always knew that Mr. Hafter was enrolled in 2 plans. He was forthright and understood his total compensation package. The City Council always believed Mr. Hafter was doing a great job and wanted to reward him. It was Councilor Magowan who came up with the long term care piece which was approved by the City Council. Time was spent with Mr. Magowan and Mr. Hafter discussing that contract. Mr. Smith said there is no question in his mind that the City Council approved that contract. CITY COUNCIL 6 SEPTEMBER 2011 PAGE 7 Jim Condos (former City Councilor): Mr. Hafter served the city well and with honor. If he made 3 mistakes; the Council participated in 2 of them. The one the Council didn't know about was the pension funding shortfall. South Burlington is the envy of many communities. The Council was always very careful about executive sessions. They often came out of these very late at night, after midnight, and then voted. There were never"two pensions." There was a pension plan and a city retirement plan. This is not uncommon. Mr. Condos was 99% sure the long term care benefit was voted on in open session. He was sure the premiums were discussed in open session. The Council was always aware of both the pension plan and the city retirement plan. Mr. Condos said it was irresponsible for this City Council not to have brought in prior Council members to discuss this before it got to this point. What has been done to Mr. Halter is shameful, atrocious. Jean Wilson(Town Administrator of Town of Hinesburg): Mr. Hafter's commitment to South Burlington was always evident and admired by his peers. He was very open about his benefits. It was not an uncommon package. Had great respect for him as a colleague and a person. Dennis Gravelin(former Assistant City Manager): Mr. Hafter was a friend and colleague and a great leader. He had a solid relationship with the City Council. The benefits bestowed on him by former City Councils shouldn't be second guessed by this City Council. Mr. Condos: Enumerated accomplishments during Mr. Hafter's tenure, including: Kennedy Drive and Shelburne Rd. reconstruction, Lime Kiln Bridge reconstruction, closing of the landfill, Rec Path, all of Dorset Park, purchase of Calkins property, Overlook Park, Public Works garage, including the Operations Center, updating of Fire and Police Department, new Police Station, planning and zoning that is ahead of its time, leadership in affordable housing, etc. Ms. Greco said she would like to hear directly from Mr. Halter. Ms Emery agreed. Mr. Smith commented that"suspected witches don't like going to witch hunts." Mr. Lynn noted that information was provided to the Council a year ago, and they were then told "the Council knew nothing." Mr. McNeill suggested the Council take time to reflect before deliberating. Ms. Emery moved to continue this discussion until 12 September 2011. Mr. Knapp seconded. Motion passed unanimously. CITY COUNCIL 6 SEPTEMBER 2011 PAGE 9 nearby. Mr. Conner said there was a traffic study done regarding this development. There is much less commercial space than originally proposed. The DRB required an independent review of the developer's traffic study, and there was no finding of the need for enhancement as a result of the proposed development. The Council asked that a proposal for a 3-way stop be brought to a subsequent meeting. 7. Review South Burlington Community Day Event for 9 September and consider approving a Special Event Permit: Ms. Murphy said the event will include displays of municipal services, a field hockey game at 4 p.m., a football game at 7 p.m., and fireworks at 9:30 p.m. The event is sponsored by G.W. Savage. Ms. Emery moved to approve the Special Event Permit as presented. Ms. Greco seconded. Motion passed unanimously. 8. Consider Approval of Special Event Permit for Vermont Association of the Blind: Ms. Dooley noted this is a 2-mile walk at Dorset Park on 18 September. Ms. Emery moved to approve the Special Event Permit for the Association of the Blind as presented. Mr. Knapp seconded. Motion passed unanimously. 8a. Consider Approval of Special Event Permit for Ascension Day Care: Ms. Gonyau said the event will be on 11 September at Dorset Park between 1 and 5 p.m. It will include a concert and carnival and will be free to the public. Ms. Emery moved to approve the Special Event Permit for Ascension Day Care as presented. Mr. Knapp seconded. Motion passed unanimously. 9. Consider entering executive session to discuss contract negotiation and legal matters: Ms. Emery moved that the Council meet in executive session to discuss contract negotiations and legal matters and to resume regular session to complete the agenda. Mr. Engels seconded. Motion passed unanimously. CITY COUNCIL 6 SEPTEMBER 2011 PAGE 11 Disbursement Orders were signed. 14. Other Business: Mr. Miller: Talked with CCTV regarding possibility of a live feed for City Council or other meetings. There would be no additional costs to the City. Members thought this was a good idea. There is additional technology that can be used to get better postings on the website and providing I-pads to Councilors and Department personnel. The Council asked for additional information on these options. Mr. Miller stressed that it won't happen overnight. Mr. Miller also asked the Council if they would like to discuss a"project coordinator" position. Members said they would support looking at a model for this. Mr. Rusten: This Friday, warrants for the City Council meeting will be transmitted to members by PDF. 15. Executive Session: Ms. Emery moved the Council meet in executive session to consider litigation and to resume regular session only for the purpose of adjournment. Ms. Greco seconded. Motion passed unanimously. 16. 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 South Burlington Water Dept. Accounts Payable Check Register Date: 09/20/11 Date Check No. Paid To Memo Amount Paid 9/20/2011 1969 E.J.Prescott, Inc. 87.71 Date Voucher Number Reference Voucher Total Amount Paid 9/8/2011 VI-12595 4443530 87.71 87.71 9/20/2011 1970 Lamoureux&Dickinson 259.12 Date Voucher Number Reference Voucher Total Amount Paid 8/31/2011 VI-12596 33972 259.12 259.12 9/20/2011 1971 Office Essentials 47.56 Date Voucher Number Reference Voucher Total Amount Paid 9/3/2011 VI-12598 25967 47.56 47.56 9/20/2011 1972 City Of South Burlington 88,271.52 Date Voucher Number Reference Voucher Total Amount Paid 9/1/2011 VI-12597 AUGUST STORMWATER 88,271.52 88,271.52 Total Amount Paid: 88,665.91 SOUTH BURLINGTON CITY COUNCIL Printed: September 16, 2011 Page 1 of 1 South Burlington Water Dept. Accounts Payable Check Register Date: 09/20/11 Date Check No. Paid To Memo Amount Paid 9/20/2011 1969 E.J.Prescott, Inc. 87.71 Date Voucher Number Reference Voucher Total Amount Paid 9/8/2011 VI-12595 4443530 87.71 87.71 9/20/2011 1970 Lamoureux&Dickinson 259.12 Date Voucher Number Reference Voucher Total Amount Paid 8/31/2011 VI-12596 33972 259.12 259.12 9/20/2011 1971 Office Essentials 47.56 Date Voucher Number Reference Voucher Total Amount Paid 9/3/2011 VI-12598 25967 47.56 47.56 9/20/2011 1972 City Of South Burlington 88,271.52 Date Voucher Number Reference Voucher Total Amount Paid 9/1/2011 VI-12597 AUGUST STORMWATER 88,271.52 88,271.52 Total Amount Paid: 88,665.91 SOUTH BURLINGTON CITY COUNCIL Printed: September 16, 2011 Page 1 of I SPECIAL EVENT(ENTERTAINMENT) OR CATERING PERMIT FULL NAME OF PERSON, PARTNERSHIP OR ORPORATION: A)igh+rnarg Vil . v.6 0 1-11 ,-404-aref CONTACT PHONE NUMBER OR E-MAIL: 4', 4.)-Frl er 51 37-3 -' 46(7-2 ADDRESS: q //12-aakk G -1''. DATE RECEIVED BY CLERK'S OFFICE: POLICE APPROVED: Pr, DATE: 8 'e="1`T ' 1) ritlitfi, � FIRE APPROVEC��� 1 DATE: q,A , /1 ZONING APPROVED: DATE: U 1)5 ` /1 RECREATION APPROVED: kitel--" DATE: HIGHWAY/HEALTH DEPT APPROVED: DATE: U '/C ) `/ I CITY COUNCIL DATE: ' 1' 424 ' 14 Q101 j DATE SENT TO MONTPELIER: Cos le 7 G0Yj Entertainment License Application South Burlington City Council Action: • 1. Verification of license fee: (See Section 6 or Ordinance) City Manager 2. Verification of approval standards: (See'Section 4 of Ordinance) Council Chair 1 3. Application of License has been . Approved Disapproved • b South Burlington City Council On , 20 4. Special Conditions attached to License(See Section 5 of Ordinance). • • • • South Burlington City Council Chair • Date m 1=1 en trg M �s x a o_' ca �7 l7 T •-+ CIJ m m s o Cf) m Y N < m m cn r, ro rav -5. m m m � o m z m r& to o —i cl � s� a+ Laura From: Justin Rabidoux Sent: Thursday, August 18, 2011 3:20 PM To: Laura Subject: RE: Good with me From: Laura Sent: Thursday, August 18, 2011 3:10 PM To: Doug Brent; Justin Rabidoux; Trevor Whipple; Tom Hubbard; ray Subject: Nightmare VT-Oct 20-22, 2011 and Oct 27-29, 2011. Let me know if any issues. Laura rK. 0,41 Fir /rg Offa ........_.. Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 lkimball@sburl.com i Laura From: Sandy Miller Sent: Friday, September 02, 2011 1:16 PM To: Doug Brent; Laura Subject: RE: Nightmare Laura, please make sure this is on their permit AND that FD will sign off(either on the permit or in a separate e-mail), when they've done the inspections. Sa#d "Sa#4"Vateet 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: Doug Brent Sent: Friday, September 02, 2011 1:10 PM To: Laura Cc: Sandy Miller Subject: RE: Nightmare Laura- I do approve of them being allowed to proceed with this event. However, they must comply with our safety regulations, and have us complete an inspection prior to opening. Between Capt Craig Rounds and myself we had roughly 5 or 6 hours into this project prior to their opening. This should be a contingency of their permit so I will copy the City Manager on this email so that he has knowledge of it. Thanks Doug From: Laura Sent: Thu 9/1/2011 8:36 AM To: Doug Brent Subject: Nightmare Hi Doug- Any more thoughts on Nightmare for approval? Let me know and I can get it on the agenda for Tues night Thankd- La u ra 1 SPECIAL EVENT ENT( ERTAINMENT) OR CATERING PERMIT l " al-fac42,-) FULL NAME OF PERSON, PARTNERSHIP OR CORPORATION: `- 1G asac . LZF itU - 11 -u) CONTACT PHONE NUMBER OR E-MAIL: alt k 1 aao - a)c ir? . or ADDRESS: DATE RECEIVED BY CLERK'S OFFICE: �0 POLICE APPROVED:APPROVED: OK' 1 1 DATE: q. s • // FIRE APPROVED: DATE: ''f '/ , ZONING APPROVED: DATE: el'/4 I/ RECREATION APPROVED: CJ/ 1 , DATE: `7 ' /47 `f HIGHWAY/HEALTH DEPT APPROVED: -.4e 911ZQ DATE: CITY COUNCIL DATE: DATE SENT TO MONTPELIER: unent4: 4Lu4D ACORDS. HIVI TULHIC CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS ATE I 8/31/2011 THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER (C) Wharton/Lyon &Lyon NAMEACT Mary O'Connor PHONE 101 S. Livingston Avenue (A/C,No,Ext):973 992-5775 i{ac,No): 9739926660 IL moconnor Livingston, NJ 07039 ADDMARESS: @whartoninsurance.com 973 992-5775 INSURER(S)AFFORDING COVERAGE NAIC# INSURED ,INSURER A: Philadelphia Insurance Co. 23850 Amyotrophic Lateral Sclerosis Assoc. INSURER B 1275 K Street NW, Suite 1050 INSURER c Washington, DC 20005 INSURER D INSURER E: COVERAGES INSURER F: CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF POLICY EXP/Y A GENERAL LIABILITY (MMIDDYYY) (MM/DD/YYYY) LIMITS PHPK701669 04/01/2011 04/01/2012 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED ICLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $1 OO,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 j POLICY JPRO- ECT I X LOC PRODUCTS-COMP/OP AGG $2,000,000 AUTOMOBILE LIABILITY $ I COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED SCHEDULED BODILY INJURY(Per person) $ AUTOS AUTOS BODILYINJURY(Per ( accident) $ HIRED AUTOS AUTOS PROPERTY DAMAGE (Per accident) $ A X UMBRELLA LIAB $ X OCCUR PHUB340451 04/01/2011 04/01/2012 EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE $B4OOO,OOO DED I XI RETENTION$10000 AGGREGATE $8,000,000 WORKERS COMPENSATION $ I AND EMPLOYERS'LIABILITY WC STATU- OTH- ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N I TORY I IMITS I IER OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.EACH ACCIDENT $ If yes,describe under E.L.DISEASE-EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Event: Walk to Defeat ALS, Northern New England Chapter on September 25th 2011 at Dorset Park.city of South Burlington is named as addtional insured. CERTIFICATE HOLDER CANCELLATION City of Burlington SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN south Burlington Recreation &Parks ACCORDANCE WITH THE POLICY PROVISIONS. 575 Dorset Street Burlington, VT 05403 AUTHORIZED REPRESENTATIVE • ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD itS7 72Rd/M2:1r,7S1 nxn Laura From: ray Sent: Friday, September 16, 2011 10:25 AM To: Laura Subject: RE: ALS Assoc of New England No zoning issues. Ray Belair Administrative Officer City of So. Burlington 802-846-4106 From: Laura Sent: Friday, September 16, 2011 10:17 AM To: Trevor Whipple; Doug Brent; Justin Rabidoux; ray; Tom Hubbard Subject: ALS Assoc of New England Hello all- This event is for Sept. 25, 2011 at the park with a walk&entertainment. Let me know if any issues. Thanks- Laura i Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 lkimball@sburl.com 1 Laura From: Justin Rabidoux Sent: Friday, September 16, 2011 11:22 AM To: Laura Subject: RE: ALS Assoc of New England Ok with me. Original Message From: Laura Sent: Fri 9/16/2011 10:17 AM To: Trevor Whipple; Doug Brent; Justin Rabidoux; ray; Tom Hubbard Subject: ALS Assoc of New England Hello all- This event is for Sept. 25, 2011 at the park with a walk & entertainment. Let me know if any issues. Thanks- Laura Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington, Vt. 05403 lkimball(7asburl.com 1