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HomeMy WebLinkAboutAgenda - City Council - 09/06/2011 i o ort VERMONT AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall Conference Room 575 Dorset Street SOUTH BURLINGTON, VERMONT Executive Session 6:30pm Tuesday, Sept. 6, 2011 Consider entering executive session to discuss personnel, contract negotiations and litigation. Regular Session 7:00 P.M. Tuesday , Sept. 6, 2011 1) Agenda Review: Additions, deletions or changes in order of agenda items. 2) Comments and questions from the public (not related to the agenda). 3) Announcements and City Manager's Report. 4) Discuss and possibly determine Eligibility for Retirement, Long Term Care Benefits and Home Equity Repayment regarding former City Manager(Joe McNeil, Counsel). 5) ***Discussion of City Charter Committee & Charter Changes (Charter Committee and Staff). • Establish public hearing dates possible changes to City Charter • Consider Draft Charge for the Charter Committee 6) ***Discuss Farrell Street Traffic and Pedestrian Controls and Options (Justin Rabidoux, Public Works Director). 7) ***Review South Burlington Community Day Event for September 9th and consider approving a Special Event Permit (Kelly Murphy, Planning and Policy Analyst). 8) ***Consider approval of Special Event Permit for Vermont Association for the Blind. 9) ***Consider entering executive session to discuss contract negotiations and legal matters. 10) ***Discuss and consider a Resolution Obligating the City of South Burlington's $1,000,000 SAFETEA- LU City Center Earmark Pursuant to Congressional Requests. (Justin Rabidoux, Director of Public Works). 11) ***Consider ratification of a Tentative Agreement with the Water Pollution Control Employees Association —WPCEA—(Sandy Miller, City Manager and Bob Rusten, Assistant City Manager). 12) ***Review and approve minutes from the regular meetings held August 15, 2011. 13) Sign disbursement orders, including disbursements made by Champlain Water District on behalf of South Burlington. • SOlithb Sanford t.Miller,City Manager srnilier@sbur€.corn MEMORANDUM To: Charter Committee From: Sanford I. Miller, City Manager S.Y.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 the vote annual or special meeting o • • government. • Section 13-1903 needs to be stricken and no wording put in its place. • appraise annually all taxable • • • ' c the fair market value of such • 'ded that the city has: permit for the construct an-of any new-str-uctfe,the change-in use of any structure or land, or the renovation of evelopment regulations. • • as been issued. • • • written form. 44i4-Utilized in the determination of the fair c city,except that property agreements. 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 17th, 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 1st f September, 2011 otary ub is Proposed Charter Committee Charge The South Burlington City Charter Committee receives referrals from City Council regarding potential changes to the City Charter. Upon review and study the Charter Committee will make recommendations to City Council addressing the matters which have been referred to it. The Charter Committee is appointed by City Council and the members of the Charter Committee select their own Chair and Vice-Chair. Sandy Miller From: Steven Stitzel [SStitzel@firmspf.com] Sent: Thursday, September 01, 2011 10:14 AM To: Sandy Miller; Bob Rusten Subject: Charter Amendment I was called by John Stewart this morning. The School Board also wants to eliminate the two strikes provision, which is good. It has one added twist. It wants the charter to allow the board and council to be able to continue making expenditures in an amount not exceeding the prior year's budget until a new budget is passed. I advised John of the timing issue. He said he thought things were being set up for a March vote. We should talk. This Electronic Mail transmission and any accompanying documents contain information belonging to the sender which are CONFIDENTIAL and legally PRIVILEGED. This information is intended only for the use of the individual or entity to whom this transmission was addressed, as indicated above. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information in this transmission is strictly prohibited. If you have received this transmission in error,please reply to the sender at 802-660-2555 or the above address and delete this message and all attachments from your storage files. Thank you. 1 south PUBLIC WORKS MEMO To: Sandy Miller,City Manager From: Justin Rabidoux,Director., Date: August 18,2011 Re: Eastwood Drive and Farrell Street Intersection jStaff has been asked to evaluate the operating conditions and safety of the referenced intersection. Elements of this evaluation consisted of a site visit, a review of the two(2)2008 studies funded by the CCMPO for this location and discussions with people involved in the 2008 efforts. Statement of Existing Conditions and Safety Concerns 1. The intersection's design in unconventional; it is not a standard"T"intersection and the only stop sign controls the southbound approach. A normal"'I"controls the perpendicular leg(east/west in this case) of the intersection with a stop sign. 2. Lack of full pedestrian facilities hampers safe movement in an area that has dense development,many pedestrian origin/destination points and a vulnerable pedestrian population. 3. The size of existing vegetation and its placement in the green belt causes sight distance problems for all users of the intersection and will only get worse as the vegetation continues to mature. Recommendations 1. In light of the stated technical deficiencies, as well as anecdotal concerns passed along by the area's residents,staff recommends installing a three-way stop sign at the intersection while leaving the existing curb and roadway geometry in place. 2. Small changes would be required including the relocation/extension of existing sidewalk, crosswalks and handicap sidewalk ramps as well as new pavement markings.The result would be narrowing of the intersection by bringing the stop signs and crosswalks closer to its center creating a safer intersection. 3. The estimate for this work is$10,000. Future Options 1. The above recommendation addresses problems associated with the intersection's existing conditions. 2. If in the future an intersection redesign is required to handle additional pedestrian and vehicular traffic or safety needs,the 2008 Hoyle,Tanner and Associates, Inc. study evaluated a realigned intersection that creates a traditional"T" intersection. In 2008 dollars the estimate for this work was $350,000. Funding could be sought from local, state and federal sources. S7; }eset Street South a,irlingtor, VI 05403 tel 802.658.7961 fax 802.658.7916 www,sf?url.:ccm. Pt,ysical Address 104 andfi!! Road South 8uri n, tc:.n • • o pr � � s ' 4.;'''' :' %;—4141 ll'''''"I‘'",-', "L. ''''',,tt,* ',(CI: (51 a3 sta #7 i}, tee-- 1 m at. ..+� T i � O � rt a Ate" �.. o t! Aa. I its r ;, A e.% ,a- -4 4�ilfYlp� } ar ,r 4 �y k ' 7 L„.. ,t _„ • ! : s t A __.I,„4,tt,,.,.„..:•'7,**- , ' ..----* 4_0 4 4,>„,-; h -,,,, i„r lis* • • -fit m* + - 0jl - 4 4 E f �RD RC 4.,,ii 'i L t . is `>< ,,,-, !! i t ', ; . ` g • . z ,,# - - rn * * ,. '1 74., AMP 4 , I.# - ,/ I.. 1 ` v � EAS,WOOD DR = co 4 4' 3 ram" Ift � 'act at # , ` MEMO To: City Council From: Justin Rabidoux,Director Date: September 2,2011 Re: Obligation of City Center(Market St.)Project Earmark At the June 6,2011 City Council meeting the Council obligated earmark funds for the referenced project. Subsequent to that action, staff was informed by VTrans that a revised obligation would be required to meet Federal Highway's conditions. As you recall,in early May the City was informed that there are a number of federal transportation earmarks that have not had any funds obligated and/or expended.The City Center project was on the list of projects that have not fully obligated their earmarks. Congressional staff relayed a concern that some earmark funding may be rescinded in the near future for projects where none of the funds have been obligated.It was suggested that the City consider obligating some of the City Center earmark funds at this time to protect them. The June resolution passed by the Council included the full amount of the first, $1,000,000 grant, which requires no match,but did not cover the obligation of the 80% SAFETEA-LU earmark funds. Congressional staff is concerned about the SAFETEA-LU earmark funds nationwide, which carry a 20%local match. It is imperative in VTrans' opinion that the 80%Preliminary& Final Design SAFETEA-LU earmark funds be obligated as soon as possible.The intent is to obligate the $1,000,000 in SAFETEA-LU earmark funds for preliminary engineering in order to secure the total value of the earmark. The attached resolution allows the Council to consider the issue and obligate the earmark funds as recommended both by City and VTrans staff. Doing so does not require the City to spend any money or resume work on the project immediately; it would show that the City remains interested in the project and its federal funds and that money has been reserved for this purpose commensurate to our local share requirements. The below chart demonstrates the project's phases,funding sources and local share requirements. We have expended$691,091 of the 100%federal earmark on the project's conceptual design and securing a federal Categorical Exclusion permit.We would continue to charge against the 100% federal earmark under preliminary engineering until it was expended and then switch over to the SAFETEA-LU earmark funds which have a 20%local match. Project Phase Grant Amount Local Share 100%Federal Earmark for $1,000,000 0% Conceptual Design&Permitting 80%Federal Earmark for $1,000,000 20%($200,000) Preliminary&Final Design 80%Federal Earmark for $4,613,369 20%($922,674) Construction Total $6,613,369 $1,122,674 Tentative Agreement Between the City of South Burlington and the South Burlington Water Pollution Control Employees Association a) Term: One year from July 1, 2011 to June 30, 2012. b) Wages: Two percent increase. c) Health Insurance: Agree to participate in re-bidding and re-opener of health insurance provisions for 2012. d) Continuing Education: Strike Article XXII Section 2. Keep Section 1. e) Current SBWPCEA employees can take out of the South Burlington Retirement Plan and put into VMERS all money City has contributed on their behalf-money to credit years of service. f) ICMA Match: For any new employee hired into SBWPCEA the City will not match contribution to ICMA 457 plan. In FY 2012 City will, for current employees, pay up to 2.75% of base salary contribution if matched or exceeded by employee contribution. (Article XVIII Section 3). g) Increase pager pay by$25.00 = $325.00 h) Ability for City to modify Personnel Rules and Regulations: Strike current language in Article IV section 2. Insert in its place language(slightly modified) currently in City Personnel Rules and Regulation Section 1.2. Section 2 Article IV to now read, "Certain rules and regulations in City of South Burlington Personnel Rules and Regulations may conflict with individual contract provisions and contract provisions will take precedence." Sick Bank Strike all language in current contract regarding: unlimited accumulation of sick time; sick time payout; ..and sick time being used for health insurance. In its place put in new language that states: there will be a cap on the amount of sick time that can be accumulated and that cap is 600 hours; any accumulated hours of sick time over 600 as of 6/30/11 will be paid out over 5 years starting in FY 12 at the FY 11 wage rate and at 100% of value; any hours accumulated over 600 after 7/1/11 will he paid the year in which they are accumulated at the wage rate of that year and at 50% of value; upon retirement any sick time that has been accumulated will be paid out, or applied to health insurance, at the retirement wage rate and at 50% of value. More details below. i) Sick Bank: Strike all in Article XVll1 Section 3 Retirement Health Insurance after the word "contract"in the third sentence and the word "either" in the 2nd sentence. j) Strike Article XIV Section 5 regarding unlimited accumulation of sick time. k) Strike in Article XVIII Section 4 everything after the word"retirement"in the third sentence. 1) Cap the total amount of sick time to 600 hours (75 days)—City Manager cap. m) City to pay out over 5 years, starting in FY 12 all current (as of 6/30/11) accumulated sick tithe over 600 hours per employee at 100% of employee's FY 2011 pay rate. No interest and if employee wishes payout to be for more years than 5 we'd agree. At employee discretion City to pay either in cash or into any legally allowed account or instrument such as employee HSA. n) If employee leaves City employment for any reason other than retirement during the five-year payout period, the city is no longer obligated to continue with the payouts. o) Any sick time over 600 hours accumulated after date of agreement signing will be paid out in the fiscal year it was accumulated at 50% of employees pay rate as of that fiscal year. - p) City to offer to employees long-term disability plan fully paid for by the City. q) Any unused sick time in any given year shall be accumulated up to the maximum of 600 hours. Payout to only occur after 600 hours have been accumulated. r) Upon retirement, and only upon retirement, all accumulated sick hours can be converted to cash at 50% of the value based on the number of hour multiplied by the hourly wage upon retirement. s) City is not responsibility to payout for any amount of sick time accumalated if employee leaves employment for any reason other than for retirement. To : Sandy Miller From : SBWPCEA We have met and ratified the changes in contract that we sighed on 8/17/11 Mike Fortin President SBWPCEA Tentative Agreement Between the City of South Burlington and the South Burlington Water Pollution Control Employees Association a) Term: One year from July 1, 2011 to June 30, 2012. b) Wages: Two percent increase. c) Health Insurance: Agree to participate in re-bidding and re-opener of health insurance provisions for 2012. d) Continuing Education: Strike Article XXII Section 2. Keep.Section 1. e) Current SBWPCEA employees can take out of the South Burlington Retirement Plan and put into VMERS all money City has contributed on their behalf-money to credit years'of service. f) ICMA Match: For any new employee hired into SBWPCEA the City will not match contribution to ICMA 457 plan. In FY 2012 City will, for current employees, pay up to 2.75% of base salary contribution if matched or exceeded by employee contribution. (Article XVIII Section 3). g) Increase pager pay by $25.00 = $325.00 h) Ability for City to modify Personnel Rules and Regulations: Strike current language in Article IV section 2. Insert in its place language (slightly modified) currently in City Personnel Rules and Regulation Section 1.2. Section 2 Article IV to now read, "Certain rules and regulations in City of South Burlington Personnel Rules and Regulations may conflict with individual contract provisions and contract provisions will take precedence." Sick Bank Strike all language in current contract regarding: unlimited accumulation of sick time; sick time payout; ..and sick time being used for health insurance. In its place put in new language that states: there will be a cap on the amount of sick time that can be accumulated and that cap is 600 hours; any accumulated hours of sick time over 600 as of 6/30/11 will be paid out over 5 years starting in FY 12 at the FY 11 wage rate and at 100% of value; any hours accumulated over 600 after 7/1/11 will he paid the year in which they are accumulated at the wage rate of that year and at 50% of value;upon retirement any sick time that has been accumulated will be paid out, or applied to health insurance, at the retirement wage rate and at 50% of value. More details below. i) Sick Bank: Strike all in Article XV111 Section 3 Retirement Health Insurance after the word "contract"in the third sentence and the word "either" in the 2nd sentence. j) Strike Article XIV Section 5 regarding unlimited accumulation of sick time. k) Strike in Article XVIII Section 4 everything after the word"retirement" in the third sentence. 1) Cap the total amount of sick time to 600 hours (75 days)—City Manager cap. m) City to pay out over 5 years, starting in FY 12 all current (as of 6/30/11) accumulated sick tithe over 600 hours per employee at 100% of employee's FY 2011 pay rate. No interest and if employee wishes payout to be for more years than 5 we'd agree. At employee discretion City to pay either in cash or into any legally allowed account or instrument such as employee HSA. n) If employee leaves City employment for any reason other than retirement during the five-year payout period, the city is no longer obligated to continue with the payouts. o) Any sick time over 600 hours accumulated after date of agreement signing will be paid out in the fiscal year it was accumulated at 50% of employees pay rate as of that fiscal year. p) City to offer to employees long-term disability plan fully paid for by the City. .. q) Any unused sick time in any given year shall be accumulated up to the maximum of 600 hours. Payout to only occur after 600 hours have been accumulated. r) Upon retirement, and only upon retirement, all accumulated sick hours can be converted to cash at 50% of the value based on the number of hour multiplied by the hourly wage upon retirement. s) City is not responsibility to payout for any amount of sick time accumalated if employee leaves employment for any reason other than for retirement. To : Sandy Miller From : SBWPCEA We have met and ratified the changes in contract that we sighed on 8/17/11 fer. 4-- r Mike Fortin President SBWPCEA CITY COUNCIL 15 AUGUST 2011 The South Burlington City Council held a regular meeting on Monday, 15 August 2011, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Councilors Present: S. Dooley, Chair; M. Emery; J. Knapp, P. Engels, R. Greco Also Present: S. Miller, City Manager; R. Rusten, Assistant City Manager; K. Murphy, City Manager's Staff; J. Rabidoux, Public Works Director; M. Boucher, B. Stuono, M. Young, J. Connelly, J. Briggs, J. McNeil, B. Fletcher 1. Executive Session: Ms. Emery moved that the Council meet in executive session to discuss personnel, contract negotiations and litigation. Ms. Greco seconded. Motion passed unanimously. Regular Session: 1. Agenda Review: Members agreed to delay the meeting attendance guidelines item until a response is received from the DRB. Mr. Miller advised that there may be an appointment to make following an executive session. 2. Comments & Questions from the Audience, not related to Agenda items: No issues were raised. 3. Announcements & City Manager's Report: Ms. Greco: Met with residents at Grand Way who have concerns regarding traffic and crime in their area. Incidents such as speeding, gas siphoning, vagrants, etc., have been observed. Mr. Miller said he had forwarded this information to the Police Chief who will be setting up a meeting with residents and stepping up patrols. Ms. Greco said there is also concern with the 3-way stop. Ms. Dooley asked about the need for a 3-way stop. Mr. Rabidoux said that the plan is for rapid-blinking pedestrian crossing lights in the area which will add visibility for drivers. This is being held up by a state funding process. Mr. Miller explained the process for changing a stop sign, including a public hearing to amend the Ordinance. Ms. Emery suggested Mr. Rabidoux come back with a visual to show what the blinking lights will look like. Mr. Miller noted that the "mentality" of traffic planners is to move traffic through as CITY COUNCIL 15 AUGUST 2011 PAGE 3 Mr. Miller: Attended a meeting with Paul Conner and Chairs and Vice Chairs of the Council and Planning Commission regarding outreach for the Comprehensive Plan update. 4. Discuss a due process concerning Eligibility for Retirement, Long Term Care Benefits, and Home Equity Repayment to the City of South Burlington re: Former City Manager: Mr. Miller reviewed the history of this item. He noted there has been a request from Mr. Hafter's attorney to hold a meeting in executive session. He asked if the Council wanted to make such a motion. No motion was made, and members indicated they wanted any discussion to be in open session. Mr. McNeil, attorney for the City in this matter, said he was told that the only way Mr. Hafter would participate in such a meeting was in executive session. The Council has now exercised its right not to do that. He suggested the Council pick a time to deliberate regarding the benefit claims and make a recommendation. Mr. McNeil added that he will communicate the Council's position to Mr. Hafter's attorney. Members agreed to put this item on the 6 September agenda. Mr. Young asked if the city has gotten any payment from Mr. Hafter on the Home Equity Loan. Mr. Miller said it has not. Mr. Miller then reviewed the agreement that had been made with Mr. Hafter. It included a no-interest loan provided by the city($40,000), 32.65% of the purchase price of his home with the provision that the city would get 32.6% of any increased value of the home as the result of a new appraisal. Mr. Miller noted that $15,000 of the loan was paid back and the previous Council "forgave"the remaining $25,000. Based on the current equity of the home from the time it was purchased, $53,578.65 would be due to the city. Mr. Briggs asked about"long term care benefits." Mr. McNeil said there is a question as to who is responsible for the premium payments. The city has paid the premiums to date. The question is whether there was a contract or lawful obligation agreed upon for the city to make those payments and whether the city should continue to do so. Mr. Miller noted that $61,417.00 has been paid by the city since 2004. Mr. McNeil noted there is also a question regarding pension payments, specifically whether there was an entitlement for Mr. Hafter to be enrolled in 2 programs as opposed to one program. CITY COUNCIL 15 AUGUST 2011 PAGE 5 8. Review and Comment on the Draft Goal Statement from the ECOS Project provided from the CCRPC: Mr. Miller said this is a very broad-based project that represents an effort to do a planning project under one umbrella. Hundreds of goals were submitted and feedback is being sought. Ms. Greco indicated her eagerness to be part of this project. She suggested adding the promotion of small farms to produce enough food for this area. 9. Consider approval of Broker of Record Agreement for Health Insurance: Mr. Miller said that meetings were held with the Benefits Committee when the Health Trust announced it was changing its business model so that instead of offering unique products, it will now go out on the market place and act like any other broker for other products. Mr. Miller said the best action seems to be to go with the Health Trust to provide brokerage services. They would get a 2% commission. Mr. Rusten explained the Benefits Committee process. The Committee is comprised of representatives from the 4 bargaining units and some members of management. He noted that there were discussions with 2 brokers, each of whom made a presentation to the Committee. The decision to go with the Health Trust was not unanimous, but they were the least expensive. Ms. Emery moved to authorize the City Manager to enter into a broker of record agreement with the VLCT Health Trust. Mr. Knapp seconded. Motion passed unanimously. 10. Postponed per above discussion. 11. Review and Approve Minutes of 8 July, 27 July and 28 July: Ms. Dooley noted that in the Minutes of 8 July, p. 8, Ms. Dopp had said that TDRs should not be limited to the SEQ. It was noted that the figure on p. 5 should be 20.3% In the minutes of 27 July, p. 2, paragraph 1, the word "no" should be inserted between "allow" and "substantive." Ms. Emery moved to approve the Minutes of 8 July, 27 July and 28 July as written and/or 4/ southburlington VERMONT September 6, 2011 Mr. Randall Kay 28 Old Cross Road South Burlington, Vermont 05403 Dear Randy, The City Council meeting this evening marks the inaugural use of the City's new sound system. The event is a significant milestone toward optimal access, on the part of all meeting attendees,to the workings of South Burlington's public bodies—City Council, Planning Commission, Development Review Board, and others. After all, if an individual in attendance cannot hear what the members of the public body are saying, his or her participation in the democratic process is diminished. Collectively, we City Councilors long ago lost count of how many people have said to us: "Do something about the lack of a sound-amplification system for City meetings." However, to our knowledge, you are the one person who took tangible action to help bring about acquisition of such a system. Specifically, we refer to your contributions, over a number of years, of part of your Planning Commissioner"salary"to provide resources to the City for the purchase of a sound-amplification system. Thus, we are delighted that you are able to join us at tonight's City Council meeting so that we can recognize and thank you for your initiative and generosity relative to accomplishment of this goal. It is a pleasure to convey our gratitude both personally and publicly. Very truly yours, Sandra Dooley Meaghan Emery Rosanne Greco Chair Vice Chair Clerk James Knapp Paul Engels Councilor Councilor 575 Dorset Street • South Burlington, VT 05403 • tel 802.846.4107 • www.sburl.com 615 f� southburlington VERMONT September 6, 2011 Mr. Randall Kay 28 Old Cross Road South Burlington, Vermont 05403 Dear Randy, The City Council meeting this evening marks the inaugural use of the City's new sound system. The event is a significant milestone toward optimal access, on the part of all meeting attendees, to the workings of South Burlington's public bodies—City Council, Planning Commission, Development Review Board, and others. After all, if an individual in attendance cannot hear what the members of the public body are saying, his or her participation in the democratic process is diminished. Collectively, we City Councilors long ago lost count of how many people have said to us: "Do something about the lack of a sound-amplification system for City meetings." However, to our knowledge, you are the one person who took tangible action to help bring about acquisition of such a system. Specifically, we refer to your contributions, over a number of years, of part of your Planning Commissioner"salary"to provide resources to the City for the purchase of a sound-amplification system. Thus, we are delighted that you are able to join us at tonight's City Council meeting so that we can recognize and thank you for your initiative and generosity relative to accomplishment of this goal. It is a pleasure to convey our gratitude both personally and publicly. Very truly yours, Sandra Dooley Chair 575 Dorset Street • South Burlington, VT 05403 • tel 802.846.4107 • www.sburl.com MEMO To: City Council From: Justin Rabidoux,Director Date: September 2,2011 Re: Obligation of City Center(Market St.)Project Earmark At the June 6,2011 City Council meeting the Council obligated earmark funds for the referenced project. Subsequent to that action, staff was informed by VTrans that a revised obligation would be required to meet Federal Highway's conditions. As you recall,in early May the City was informed that there are a number of federal transportation earmarks that have not had any funds obligated and/or expended.The City Center project was on the list of projects that have not fully obligated their earmarks. Congressional staff relayed a concern that some earmark funding may be rescinded in the near future for projects where none of the funds have been obligated. It was suggested that the City consider obligating some of the City Center earmark funds at this time to protect them. The June resolution passed by the Council included the full amount of the first, $1,000,000 grant, which requires no match,but did not cover the obligation of the 80% SAFETEA-LU earmark funds. Congressional staff is concerned about the SAFETEA-LU earmark funds nationwide, which carry a 20%local match. It is imperative in VTrans' opinion that the 80%Preliminary& Final Design SAFETEA-LU earmark funds be obligated as soon as possible.The intent is to obligate the $1,000,000 in SAFETEA-LU earmark funds for preliminary engineering in order to secure the total value of the earmark. The attached resolution allows the Council to consider the issue and obligate the earmark funds as recommended both by City and VTrans staff. Doing so does not require the City to spend any money or resume work on the project immediately; it would show that the City remains interested in the project and its federal funds and that money has been reserved for this purpose commensurate to our local share requirements. The below chart demonstrates the project's phases, funding sources and local share requirements. We have expended$691,091 of the 100%federal earmark on the project's conceptual design and securing a federal Categorical Exclusion permit. We would continue to charge against the 100% federal earmark under preliminary engineering until it was expended and then switch over to the SAFETEA-LU earmark funds which have a 20%local match. Project Phase Grant Amount Local Share 100%Federal Earmark for $1,000,000 0% Conceptual Design&Permitting 80%Federal Earmark for $1,000,000 20%($200,000) Preliminary&Final Design 80%Federal Earmark for $4,613,369 20%($922,674) Construction Total $6,613,369 $1,122,674