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HomeMy WebLinkAboutAgenda - City Council - 05/16/2011 14) • SOUt buningtori VERM0N7 AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall Conference Room 575 Dorset Street SOUTH BURLINGTON, VERMONT Executive Session 6:00pm Monday, May 16, 2011 1) Consider entering executive session to discuss personnel, contract negotiations and litigation. Regular Session 7:15 P.M. Monday , May 16, 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) ***First reading to amend the Dog License Ordinance to change the registration fees and late registration fees - schedule Public Hearing (Donna Kinville, City Clerk). 5) ***Consider for approval of the Ronald MacDonald House Charities Grant(Louise Murphy, Community Library Director). 6) ***Consider approval of Police Grant for Mobile Radios (SBPD). 7) ***Consider approval of Police Grant for Mobile Data Terminals(MDTs), Air Cards and Optical License Plate Readers (SBPD). 8) ***Consider approval of Police Grant to Provide Funds for School Security Enhancements (SBPD). 9) ***Review the City's paving bid award for Fiscal 2012 (Justin Rabidoux, Director of Public Works). 10) ***Consider approval of Regional Sustainability Project-Steering Committee Agreement. (Sandy Miller, City Manager). 11) ***Consider appointing a representative and alternate to the newly merged CCMP &CCRPC. This will be effective July 1, 2011 for a one-year term. 12) ***Public Hearing on amending Peddlers Ordinance, second reading of same(Paul Conner, Planning &Zoning Director). 13) *** Discussion on Interim Zoning(Paul Conner, Planning &Zoning Director). Highway Equipment notes. April 25 &May 2, 14) ***Consider refinancing g and regular meeting held 15) ***Review and approve minutes from the special meeting 2011. Champlain Water District on behalf of Sign disbursement orders, including disbursements made by 16) South Burlington. as Liquor Control Board to consider Liquor and Tobacco Licenses for: 17) ***Reconvene• Vermont Soup Company • Quarry Hill ClublCupola Golf Course, Inc. negotiations and litigation. 1 g) Other Business. 19) Consider entering executive session to discuss personnel, contract 20) Adjourn. Respectfully Submit}ed: Sanford I. Miller, City Manager *** Attachments Included City-wide Interim Zoning and to align policies and Though on oats,priorities,and sti,ategies,a Need time • To identify o amply with them beneficial or wth has been of SB • To ordinances o ro d determine if the City s 2well--being of the residents l to the detrimental t0 the overall enta� de financial,legal,environm evaluate the costs • To City y of all types of development and development with experts in smart growth • To consult to insure it aligns with City goals and priorities draft Comprehensive Plan • To review which VT towns,and learn Space Plans of other the Open Sp • To review lans to adopt and which to avoid measures/plans• To thorough review City ordinances,which have caused lawsuits raced against fossil fuel shortfalls o • • T evaluate energy demands balanced ifications of the TDR process To evaluate the impact and ram production to be self-sufficient in food p lore innovative ways safety and general • To explore the health, rowth protecting filth, al and economic g Council is responsible for p for orderly p • City public by providing the welfare of the p alines are to maintain and improve law states that municipalities Vermont wildlife, and land resources • Vermwater, and therefore has quality of air, he overall welfare of the City, current and Council is responsiblenu for rough and careful evaluation legal of the and • City to conduct a thorough the City s economic, an obligation development on future impact of any ental future require time to assess the environmental uncertainties status mies on the City's future economic 's current financial velo men and • City demands of development of all financial de a thorough review past practices demandare in our best interests • Recent discoveries ements to insure that they developmental ide Interim Zoning Though on C1tY_w to align policies and s and strategiesP and oats,priorities, r Need time • To identify City goals, with beneficial o s been of SB ordinances t0 0 +% growth has residence eCltys2 ell e m tad jtOte eifth b en To determine to the overall well-being aj,environmental)' financial,leg detrimental ate the costs� assess and evaluate development growth and development • 'To City of all types its in smart grow aligns with City goals t To Consult with exile ve plan to insure• w draft Comprehens' towns,and learn which To revue VT tow • and priorities Space plans of other tto avoid °review the Opt adopt and which h have cau$ed lawsuits • Twh�c Measures/plans rough ordinances, review City st fossil fuel shortfalls To through rev, balanced again R process • • evaluate energy demands . •cations of the TD To eva ramifications production • evaluate the impact and elf sufficient in food • To eva dgeneral o�Cagrovvth innovative`Nays to be safety arid economic °� lore e health, To explore protecting th physical an • s °c by p for providing f or orderly phy ve e Council is responsible e p rove maintain and improve th City public by p to welfare of the p municipalities are has sues that municip jarid resources and therefore the C'�'' Current and flaw wildlife,and :gax • Veron air,water, elofjevaue Ci and the verall w n responsible for gh and carets economic, • City re impact Council is to Conduct e°Opment on the City e to assess t an obligati of any dev wire time certa economic s s future impact inties red tatu d uncertainties n to environmental cur ent future difficulties and ertai future require fall financial d h review o • City s current demand of development on and a thorough best interest financial isc of past practices ure hat they are in Recent discoveries • en�l agreements to ins developmental ide Interim joning on City-wide align policies and Thoughts d strategies and to priorities,an oafs,p them enef icial or e identify City goals, with as been beneficial of SB • deed rirn • To d trances to comp s 20+%gr toh e residence en�l)to the term'neo the overallwell-being gal,legal,enviroA3 T°determine assess to the e costs(financ os detrimental e ss and evaluateeoprnent and development oafs To asse all types°f with City g • • City°f is in smart growth e it aligns consult with expects enswe plan to insure'co Compreh s,andlearnwh�ch w draft town • To rere priorities of other NIT and prjor Space Yens to avoid suits yew the Open d pt and which chhave caused�w Us • • Tmea ores u plans i ordinances,why t fossil fuel shortfalls • thorough review C balanced again process Toth demand the TDR • atio °f duce To evaluate ethe i and ramifications t in food production • valuate the impact to be self-sufficient and ductiolrowtl • T° e re innovative`Nays the health,safety econornrc g • To explore Bible for protecting r°t for orderly physical d improve the Council is responsible providing maintain an City Cou of the public by p are to welfare municipalities d thereto states that andlan of the C' ''a the curreY • tlaw s� ter,wildlife, 11welfare evaluation°f Vermont quality of air,water, the overall elfin evatu legal and ict for and careful economic,ons en on the City s eco Council is o responsible a op t City anon to development a` an obligation impact of any require dine to vi future ntal Ware and uncertainties nce future econ°nnlc sta envir difficulties the C;-. current�nanof development on h re\-1ew of all City s 1 demands �a�&ath°rOug�, estintere• • financial en' of past practicthat theY are, Recent discoveries ms ntal agreements to insure • developmental � D City of South Burlington .41 City Clerk's Office uoTER Donna Kinville, City Clerk Date: May 13, 2011 To: South Burlington City Council From: Donna Kinville, City Clerk and Treasurer RE: New dog and cat ordinance As part of the City's challenge I looked at the current dog and cat registration and late fees that the City is currently charging. As Bob was reviewing my changes to the current ordinance for the care and control of dogs and cats, he thought that the ordinance needed to be completely rewritten and I was asked to compare our dog ordinance to other municipalities along with looking at VLCT's model ordinance. In the rewrite, I used VLCT's model ordinance as the base for this new ordinance and then I reviewed Winooski,Williston, Milton, Colchester, Shelburne and Wilmington's dog ordinance for comparison. The result is a completely rewritten new South Burlington Ordinance for the Care and Control of Cats and Dogs. Here are some bullet points on the new ordinance: ➢ This Ordinance completely replaces the prior ordinance. --� ➢ An attempt was made to reference where the Statutory Authority is located whenever possible. ➢ Changed the definition for vicious dog to VLCT's wording. ➢ All payments for fines and waivers for civil penalties shall be in cash but can add debit/credit card if desired as both options eliminates trying to collect on a bad check. ➢ Added a section about confining a dog or cat in heat in a building or secured location. ➢ Added a section about the humane care for dogs and cats which was missing from our ordinance. ➢ Fees: o Increased dog registration fees from $10 to $20 for a spayed or neutered dog and increased fees from $12 for an un-neutered dog to $24 and increased fees for an un-spayed female from $14 to $24. o Increased cat registration fees from $10 to $11 for a spayed or neutered cat and increased fees from $12 for an un-neutered dog to $15 and increased fees for an un-spayed female from $14 to $15. o Instituted a late fine for those who do not register their dog or cat by the State deadline of April 1. For Fiscal Year 12 the late fine will be $10 for the entire year and after FY 12 the late fines are for April 2-April 30 is$10 and May 1—December 1 is$25. The late fine if the dog or cat is registered after the deadline regardless of fiscal year due to the animal control officer having to become involved will be a larger fine of$50. o Increased the amount to be collected to pay for registration when the clerk's office is not open and the dog or cat is not registered to $74 which is the maximum amount that the clerk's office could collect ($24 for license and $50 for animal control officer). If the dog or cat is registered within 5 days and the actual registration fee and late fine are less than $74,the balance will be refunded. 575 Dorset Street South Burlington,VT 05403 802-846-4105 dkinville@sburl.com ORDINANCE FOR THE CARE AND CONTROL OF DOGS AND CATS The Council of the City of South Burlington hereby Ordains: replaces The South Burlington Ordinance for the Care and Control of Dogs and Cats adopted May 7, 1963, amended June 3, 1968,June 16, 1975,October 2, 1995, andSeptember 15 SECTION 1.AUTI1ORITY. This ordinance;is adopted by the City Council l outh Burlington under aut4,4ifY of 24 VS-A-§35,49,24 V.S.A., §§,2291 14)and 2291 (14& 15),and 24 V.S. Chapter.5 . SECTION 2. PURPOSE. It.is the purpose of this ordinance to regulate the keeping of dogs and cats;to protect public health and safety and to protect the residents' quiet enjoyulent ofthekbprries and properties. SECTION 3. DEFINITIONS. For purposes of this ordinance,the following words and/or phrases shall apply: A. "Dog"means any member of the canine species and wolf hybrid as described in 20 V.S.A. § 3541; B. "Cat"means any member of the feline species; C. "Owner"shall include any person or persons,firm,association or corporation owning,keeping, or harboring a dog or cat; D. 'It— at large"shall mean off the premises of the owner,and not under the control oft e owner, a member of his/her immediate family,or an agent of the owner,either by leash,cord,chain or otherwise within control of such person so that at all times the dog or cat can be prevented from causing any damage,disturbance or annoyance; E."Enforcement official"when used herein shall mean any constable,police officer, animal control officer,and pound keeper; it shall also include any other individual specifically designated by the City Council to enforce the provisions of this ordinance; F."Pound Keeper"refers to the person or organi/ation`which enters into a Contract with the City;' G. "Vicious dog or cat" means a dog or cat that attacks any person or causes any person to reasonably fear attack or bodily injury from such animal,unless the person is trespassing on the property of the owner of the animal. The term shall also mean any animal that,while running at large,attacks another domestic pet or domestic animal,as defined in 20 V.S.A. §3541 H.'Payment"refers t that all fines and waivers for civil;penalties must be paidln cash and a receipt gill immediately issued. SECTION 4. DISTURBANCES AND NUISANCES. A. No dog or cat shall run at large in the town. SECTION 7. ENFORCEMENT. This is a civil ordinance and shall be enforced,by Enforcement � ance , 1974a_et sect. Official �ri the Vermont-JudtGtalzBurau,in accord with;24 V,S.A. SECTION 8. IMPOUNDMENT. Anydog or cat that is determined by an Enforcement Off cial to bo binme e a vicious y dog or cat aed which p' danger to people or other animals presents an imminent p P '' �d© „or cat,that is apprehendedfor_a,,tbtrd or subsequent Violation:Of prevision o ? B. Any ,;I� xdi aft ce,shay be ©undecl: SECTION 9. NOTICE OF IMPOUNDMENT AND RELEASE FROM IMPOUNDMENT. The officer who impounds a dog or cat shall,within 48 hours, give notice to the owner thereo inform f,either A. Such notice 1. personally,by telephone call,or by written notice on of thre animal and the;steps;tha are nelcessary t© the owner of� the-nature©f the vialatlon5,the location baye the animal returned,to the owner• dentification,the person:who impounds if shall proceed under the provisicros'of 20 V.S.A.B. if an impounded dog or cat has no heense or 38Q6�A refundable cash bond in the amount of seven fourdollars ($74)may be paid by the owner in lieu of the license©T t licensing.includes late a fine bond e citylek' shaft city clerk's office is not apen or the animal needs vaccination prior be returned to the owner upon proper licensing of the animal,after determining- forfeitureces fee the nth t b and late fee owed. Failure to license_tlie dog or-cat within(5) bond and the owner shall be subject to all penalties,provided-foe by this ordinance. f C. pounded animals shall be released to the owner onlyfte pa ent oca all p nalties a d but is not nd Impoundment fees and after remedial action by the ow ner.limited to such actions as providing a collar and current license and,providing a plan_for compliance with the provisions of this ordinance and with state,la w. D. e complaint" shall be deemed to have been made when a person veor�bvanlly gives the "appropriate or cat,City Police Department a full description of the hdogmu t be sufficient Tent for an enforcement official to ), size,color, and other distinguishing features which description make a proper identification. If such description is insufficient for fileroper identification, a the Policedog or cat with shall be impounded. The person who made such complaint sphone number, Department a form furnished by the City m e�under w forth h h the dog o/her name, address r cat was believed to be in description of the dog or cat, and circumstancesits violation of this ordinance. If no written complaint is filed,the City,ating fees option,w h may be due.dog or cat and charge the complainant with any impoundment fees or E. In addition to the impoundment fees charged herein,there shall be a boarding charge as'Set by impoundment facility for a per day charge or fraction thereof rr n ght th the do gorged the per day g'or cat is impounded.;A dog or cat that is impounded and that is k_p boarding fee: Dated Sandra Dooley, Chair Meaghan Emery,Vice-Chair Rosanne Greco, Clerk James Knapp Paul Engels tNit 35 At/ Ordznance - - to Amend the City of South Burlington Ordinance for the Care and Control of Dogs The Council of the City of South Burlington hereby Ordains: , . 1. The South Burlington'Ordinance for the Care and Control of Dogs adopted May 7, 1963, and amended June 3, 1968, June 16, 1975 and October 2, 1995 is amended so the ordinance shall read as follows. This ordinance shall be a civil ordinance,within the meaning of 24 V.S.A Chapter 59. This ordinance shall henceforth be known as the Ordinance for the Care and Control of Dogs and Cats. Section 1. Definitions As used in this Ordinance, unless the context otherwise indicates, a. "Dog" shall include both male and female; b. "Cat" shall include male and female feline species; [b.] c. "Owner" shall include any person or persons, arm, association or corporation ^ owning,keeping, or harboring a dog or cat; [c.] d. "At large" shall mean off the premises of the owner, and not under the control'of the owner, a member of his/her immediate family, or an agent of the owner, either by leash, cord, chain or otherwise within control of such person so that at all times the dog or cat 'can be prevented from causing any damage, disturbance or annoyance; [d.] e. "Enforcement official" when used herein shall mean any com;table, police officer and poundkeeper; it shall also include any other individual specifically designated by the City Council to enforce the provisions of this ordinance; f "Vicious dog" shall mean a dog which causes immediate fear of bodily harm by attack or threatening to attack a person. Section 2. Disturbance by Noise No person shall keep or harbor any dog or cat which by frequent or long continued noise disturbs the comfort or repose of persons in the vicinity. Section 3. Running at Large No person shall permit a dog owned by him/her or under his/her keeping or control, to ran in a street, park or common, -unless such a dog shall be accompanied by the owner or persons have the keeping or control thereof. The owner or keeper of the dog shall not allow his/her dog to run or trespass on other peoples'property, namely lawns, gardens,yards, schoolyards or playgrounds, or any other land used or occupied by any other person. CITY CLERKS OFFICR Reed—,16141S14" at_ o-rded in Vol.Vol... L. on page- Of S3, Burlington Land Record. ' tak, P.S. 9/10/97 V Section 7. Notice to Owner and Redemption Not later than two days after the impounding of any dog or cat, the owner shall be notified, or if the owner is unknown, written notice shall be placed in the area newspaper describing the dog or cat and the place and time of taking. The owner of any dog or cat so impounded shall reclaim such dog or cat upon payment of the license fees and other charges required under this ordinance. Section 8. Disposition of Unclaimed Dogs and Cats It shall be the duty of the poundkeeper to keep all dogs and cats impounded for a period of six (6) days. If at the expiration of six (6) days from the date of notice to the owner or the posting of notice such dog or cat shall not have been redeemed, it may be sold, given away or destroyed. Any owner who fails to redeem his/her dog or cat or does not pay boarding fees, impoundment fees, euthanasia and cremation fees, or any other fees associated with the animal, within 30 days of initial impoundment shall be assessed all of said fees and charges. The sums owed under this section may be collected in a civil action brought under this section. Section 9. Impoundment Fees a. Any dog or cat impounded under the provisions of this ordinance shall be released only on payment of a$25.00 impoundment fee; provided, however, that any dog or cat impounded for the second time in any 12-month period shall be released only on payment of$50.00 and if so captured for a third offense in any 12-month period, it shall be released only upon payment of$75.00 with an increase to $100.00 in such fee for each subsequent offense in a 12-month period. b. In addition to the impoundment fees charged herein, there shall be a boarding charge of S6.50 per day or fraction thereof during which the dog or cat is impounded. c. The City Council is hereby empowered to increase the impoundment fees and boarding charges provided for in this section by appropriate resolution. The City Council may make such increases in said fees and charges as they deem appropriate and necessary from time to time. Section 10. Animal Bites a. It shall be the duty of every enforcement official to apprehend and impound any animal, domestic or wild, that has bitten any person, when an appropriate complaint is lodged with the City Police Department. What constitutes an appropriate complaint is set forth in Section 4(b) herein. Prior to apprehending and impounding any animal pursu2nt to the provisions of this section, an enforcement official shall make a reasonable investigate.:n to determine whether the alleged animal bite did in fact occur, and to verify the identification of the animal. All verified dog or cat bites shall then be handled in accordance with the provisions of Section 10 (b) and (c). All other animal bites will be referred to a City Enforcement Official or the City Health Officer. Draft: Cat/Dog Ordinance P.S. &11/97 Po 4, section 14. Civil Penalties An Issuing Municipal official is authorized to recover civil penalties in the following amounts for each violation: First Offense $25.00 Second Offense $50.00 Third Offense $75.00 Fourth and Subsequent Offenses $100.00. Offenses shall be counted on a 12-month rolling basis. Section 15. Other Relief In addition to the enforcement procedures available before the Traffic and Municipal Ordinance Bureau, the City Manager is authorized to commence a civil action to obtain injunctive and other appropriate relief, to request revocation of a license by the City Council, or to pursue any other remedy authorized by law. Section 16. Animal Waste The owner of every animal shall be responsible for the removal of any excrement deposited by his or her animal(s) on public walks, recreation areas or public or private property. action 17. 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N -' r fD t n o -0 -o �• N r+ • 1-1N N. @ - Q 0 0 CrQ )0 (D m m '' °:� CD 0 cm oC oQ < fD G _ + DVz rtO-' s 0- • S r+ •- ' fl+i Cu v r+ r+ r+ (D N O o o ° rt CD (D (D U� cp -, fnD rv, (D — N (D m a) O 0_ Ot0 r CD - I- -I = 0 m O 0- S r0 • cu O -t (-) DJ N O O C Q rD D1 N. r+ n) . 1 q OP 411 southur0 lington PUBLIC WORKS MEMO To: South Burlington City Council From: Justin Rabidoux,Director fi Date: May 11,2011 Re: Fiscal 2012 Paving Contract Award The City released bids for the Fiscal 2012 paving contract in April and they were opened on May 6. Five bids were received,the results were: F.W.Whitcomb $254,440.97 Pike Industries $256,094.21 SD Ireland $259,045.05 '1 AC Paving $274,912.00 ST Paving $340,742.10 The approved FY'12 budget contains$316,721 for Highway Paving,with$280,000 dedicated to the paving contract and the remainder for contingencies. The low,responsible bidder,F.W. Whitcomb, submitted a bid that is within budget.The City has worked with Whitcomb in the past and has been satisfied with their work product. Staff's recommendation is to award the paving contract to F.W.Whitcomb. In support of that recommendation,please find attached the following: 1. A Resolution for City Council's consideration. 2. The FY'12 Paving Contract bid tabulation. Please feel free to contact me prior to Monday's meeting with any questions. 575 Dorset Street South Burlington, VT 05403 tel 802.658.7961 fax 802.658.7976 www.sburl.com Physical Address: 104 Landfill Road South Burlington Co u)o 0 00 00 C0 O Co C-CO r CO N 0 (O C C N- O CO o i. C O ai (C Ci ri C C)C C ) (0.5A O Co o O M C) O o (D C N M co_ co O N co(O r C CO CO o O E9 1- .- N O 69 CO a- 00 E9� M N U EA E9 69 69 69 E9(A 69 69 N EA CO o 00 O 00 00 Coo O O W t- C r- C C N C N V r- C C C C a N O N O o N O N O N O O O V EA t- 69 r I 69 h. 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E C Q N O r--- C 00co co w 69 E y N CON Cr N N - W O t a L.. y 0` O o O Q C O O N- L 'gym co (C M o: OD w O.K N CCO O CO > C a ett C T 0p p 0 O O O O 0 C" a O ri ri C) «c C cD O O Lo 71. :.d N V co C W C) Q C C a C v. u ;rA N a) C) C Q U > >. C > ca a) @ •L N C (C U > a) a) (0ci, a) 7 a > @ a) a) >sc.? r: (r 0_ > > CC -0 a a_ d > > N a) .O d U W CC UU -o - a 0 p o cll ) cip �) �) CNoo C C t E. L N a 4.©, �' E a) in u) 3 3 - m 0)CO 65 tjj EE oo ma) CO d o m a a a) •O >c >L )-3 '3 o o a) N C C C •,- N N a- a- N N a- N u 1 .. a- N N M < a 6(() c0(O r.:.d O O a 2 South Burlington Public Works k ,i A Lj 575 DORSET STREET "! ET "! !, �f SOUTH BURLINGTON,VERMONT 05403 TEL:(802)658-7961 -�. \�''`� FAX:(802)658-7976 OFFICE n� y�w+�" 1Gd LANDFILL RE TO: South Burlington City Council From: CP Date: January 12,2011 RE: 5-Year Paving/Construction Plan The following is the proposed 5-year paving/construction plan for the South Burlington Public Works Department. This list will be adjusted as needed to suit any more pressing needs that may arise. PROJECT LOCATION 2011/2012 COST White Street US-2 to Patchen Cold Plane/Repave $ 10,911 White Street Loop Repair/Traffic Marking $ 4,400* Swift Street(US-7 to Farrell) Cold Plane/Repave $ 19187 Swift Street(US-7 to Farrell) Loop Repair/Traffic Marking $ 3,200* Brigham Road Repave $ 22,325 Slocum Street Recycle/Repave $ 45,382 Meadowood Drive Recycle/Repave $ 119,920 Lupine Lane Cold Plane/Repave $ 21,283 Pinetree Terrace Repave $ 15,352 $284,150 PROJECT LOCATION 2012/2013 COST White Street Patchen to Airport Dr. Recycle/Repave $230,422 White Street Loop Repair/Traffic Marking $ 6,000 Hadley Road Cold Plane/Repave $ 45,215 Elizabeth Street Repave $ 11,519 $293,156 PROJECT LOCATION 2013/2014 COST Butler Drive Section"B" Cold Plane/Repave $75,526 Kirby Road Cold Plane/Repave $ 81,331 Orchard Road Cold Plane/Repave $24,474 Victory Drive Cold Plane/Repave $45,215 .Worchester Street Cold Plane/Repave $26,981 Iby Street Cold Plane/Repave $23,983 White Place Repave $ 7,849 $285,359 Page 1 of 1 Kelly Murphy From: Sandy Miller Sent: Friday, May 13, 2011 2:40 PM To: Kelly Murphy Subject: Please print up for CC Agenda (Paving Bid) From: Lamp44@aol.com [mailto:Lamp44@aol.com] Sent: Tuesday, May 10, 2011 12:16 PM To: Sandy Dooley Cc: Sandy Miller Subject: Butler Drive Dear Sandra, I understand from Mr. Miller that the city council will be voting on the paving budget this coming Monday, May 16, 2011. As Chair of the City Council, please consider this email a formal request that the city council take whatever action necessary to include my section of Butler Drive so as to ensure that it is paved this year. If you do not feel you have enough information to take such action at the Monday, May 16 meeting, than I encourage you and your fellow council members to postpone taking any action on approving the paving budget until such time as Mr. Rabidoux's report discussing how the five year pavement plan is developed is ready. I would think you would want this report before voting in any event. This is the same report that Mr. Miller discussed in a series of emails to which you have been a recipient. I encourage you and the council to continue and expand your hands on approach to more and more of the city's activities, such as I have been reading that you now do for the underfunded pension plan. If you need anything further from me, please let me know. I think you already know my position and reasoning from the email exchanges between myself and Mr. Miller, with copies to you. Thank you for your consideration. John Lampron 46 Butler Drive 862-4805 5/13/2011 Jam' tok southi arinigion PLANNING & ZONING MEMORANDUM TO: South Burlington City Council & City Manager FROM: Paul Conner, Director of Planning &Zoning SUBJECT: Second Reading and Public Hearing: Peddlers Ordinance amendment DATE: May 16, 2011 City Council meeting Last month the Council voted to hold a public hearing on a proposed amendment to the South Burlington Peddlers Ordinance. The amendment would allow a farmer's market to have a sign of up to 32 square feet posted,rather than the current maximum of 10 square feet. The draft amendment is attached in your packet. This proposed change was review and supported by the Planning Commission. Staff recommends that the Council adopt the amendment following the closure of the public hearing. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com AMENDMENTS to the SOUTH BURLINGTON PEDDLERS ORDINANCE SOUTH BURLINGTON CITY COUNCIL May 16, 2011 The South Burlington City Council hereby ordains: Key to the Amendments 1. Proposed new text is shown in Bold Underline 2. Proposed deletions are sown in strikethrough Section 3: Peddling Regulations F. Signs Peddlers shall be limited to the use of only one sig%promoting r activities which sign cannot be in excess of ten square feet in surface display area n tend more than four feet above the ground level. For the purpose of this ordinance banner, pennants, flags and other similar items shall be co « ed signs. ign shall be at d to public or private property without obtaining prior i oval t i ore from the own " of said property. No sign shall be placed in such a rn.iqtt,,. &, obstruct or interfere with traffic. The use of signs with moving or illuminate. s that create the appearance of movement are prohibited. The • g lightin_ ohibited without the prior written approval of the City Manager. In the case of a Fa arket, th '" n s l d square feet in surface display area,sh tad more t t feet,s ches (8',6") above ground level, • shall bected no e than two (2) full days prior to the public operation of , armers M t and sha removed at the close of the Farmers Market on each day i opera ' Adopt . 011. vvfSandra Dooley, Chair City Clerk Meaghan Emery, Vice Chair Rosanne Greco, Secretary James Knapp, Councilor -� Paul Engels, Councilor South Burlington Peddlers Ordinance Page 1 • south �/ PLANNING & ZONING MEMORANDUM TO: South Burlington City Council & City Manager FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Discussion of Interim Zoning DATE: May 16, 2011 At a recent meeting, the Council requested that the issue of Interim Zoning be placed on the on upcoming agenda. As a primer, enclosed is a letter prepared by city attorney Steve Stitzel dating from last August. Though the context of the letter was focused on the possibility of using interim zoning related to the city's Transfer of Development Rights regulations, the letter does outline how this tool �-1 functions and what"tests"need to be passed in order for the City to enter into interim zoning. When is it appropriate to use Interim Zoning? The letter from Steve Stitzel notes that the City"should also conclude that the potential adverse consequences for the city warrant `emergency' action rather than utilization of the customary process for amending bylaws." Historic Use of Interim Zoning in South Burlington Over the years, the City Council has regularly adopted aments to the city's land development regulations. Over the past decade, amendments have been adopted at least annually. The majority of these amendments have used the customary adoption procedures. The Council has,however, enacted interim zoning a half-dozen times in the past 40 years to proactively address land development issues in the community. The city has historically made use of interim zoning when the Council has concluded that such a tool is necessary to prevent potentially adverse development from occurring while the city studies the impacts of such development and, if appropriate, develop permanent amendments to the regulations without fear of applications being submitted to avoid potential new regulations. The most recent use of interim zoning in South Burlington was in 2005-06, when subdivisions —s\ and planned unit developments were not permitted under the interim bylaw. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com TCR'p C. &ysLU GE w •s'- L p A AT LA �` STITZE ATTORNE Y STREET 1'l1 gAT OF COUNSEL OBS jppD p O.BENT 054021501 DtNAL.AT WOOD B VOICE)gyp) VAX 0'2 660 2552 of 660-9119 F (802) FIRNISPF COM1�) VOW 555�1SPF• SPY•COI�n (SSTITg02)7�6602552 up W1TgS FAQ(• - Aug st 13 , 2010 � rm u WILL E.FLE ER \\ . ucher, Chair Counsel Mark B Burlington City South Street VT 05403 575 Dorset ton, South Burling Southeast Quadrant TDRs s =:tied tc Re the City Council `'�o met Mark: 2010 , r of Bevel p .e east Dear on May 3, 201 of transfers in the So� - n e Rs ) At itmorator urn„ on to here1nby s the City, s Landed �, is on pose a r. Quadrant YDistrictreferredestablished U.1aty ons aiding its density (generally ("permanent Regulations") . eg questions regarding Zoning ; ons several q uadrant Z Regulations asked Development evu°spte the Council such asmoxatorium• authorized to authority to imp the City is rights„ authority §4423 (a) ' of "development Chapter 117 . Pursuant to 24 allowing transfers 24V.S .A. want V• ' the pursuant toIn 200r ions set provisions adopted p a bylaw provisions include) in bylaws are such include the p were amendeduse of TDRs . The PermanentRegulations ow and any 1 permanent Reg t A that all 11� � it is forth °n EXhibi 24 V.S .A. Chapter ve until 1 & 4442 , bylaw adopted-under remains2e fecti §§44The Any i with 4 V.S .A. process contained in accordance urisdiction• process for provision contained repealed a court having the same as the fol by amended invalid b a bylaw public hearings or declared repealing is is no commission p There for amending or (planning and adoption) 1 to amend or adopting a bylaw pc hearing for the City any other manner. s Council 1 public 117 in set City council p Chapter of a bylaw, Regulations under or a provision f the permanent they are lawfully authority bylaw, until repeal a the provisions effect ConsequentlY� A will remain in forth d Exhibit repealed. amended • Mark Boucher, Chair August 13, 2010 Page 3 that the potential adverse consequences for the City warrant "emergency" action rather than utilization of the customary process for amending bylaws . Upon making these determinations, the Council' s stated concerns provide the necessary guidance for drafting appropriate interim regulations . Then, in connection with adoption of the regulations, and assuming the Council proceeds as it has in the past, it can ask the City' s Planning Department and/or the Planning Commission to develop a proposal to study its concerns and provide recommendations. If the Council adopts interim regulations that in some way limit the use of TDRs, any application submitted after their effective date' that involves TDR use will have to comply with the Permanent Regulations and the interim regulations.' This will preclude development prohibited by the interim regulations while they remain in effect (absent Council approval pursuant to 24 V.S.A. §4415 (d) ) . Also, if the TDR provisions in the Permanent Regulations are subsequently amended, any application submitted during the pendency of the interim regulations will not have "vested rights" under the prior TDR provisions . There is legal precedent that a land use regulation can so limit landowners' ability to use their property that the regulation results in an unconstitutional "taking" of private property. However, it is not clear that a court would conclude that an "interim" regulation, despite the restrictive effect of the limitations imposed, would result in a taking. As noted above, the recognized purpose of interim regulations is to restrict development to allow time for needed studies and/or adoption of permanent regulations in an "emergency" situation. Additionally, interim regulations have limited duration of two years with the possibility of one extension for one year. 2 There is sound legal basis to argue that the interim regulations would be applicable to any application submitted after the date of the public notice of the hearing at which the regulations are reviewed prior to adoption. s Applications not involving TDR use are reviewed under the Permanent Regulations, alone. EXHIBIT A 9.13 SEQ Review and Approval Process C. Transfer of Development rights and Non-Contiguous PUDs (1) The Development Review Board may approve a PUD application that involves non-contiguous parcels, regardless of sub-district, if the following conditions are met : (a) The applicant shall demonstrate that development rights have been secured and encumbered from lands lying within the SEQ-NRP or SEQ-NRT sub-districts, or adjacent lands on the same tax: parcel lying within any subdistrict, or from lands acquired by the City or State for the purpose of providing public parks in any sub-district, and EITHER that the sending parcel is sufficiently encumbered against further land subdivision and development through a purchase or other agreement acceptable to the City Attorney to ensure conformance with these Regulations; OR (b) All encumbered parcels not subject to a permanent conservation easement or restriction of similar binding effect shall be reviewed as components of the PUD and shall be subject to the provisions of this article. �..� (2) If the conditions of 9 . 13 (C) (1) above are met, the Development Review Board may then approve the assignment (transfer) of all or a portion of the residential development density calculated for a non-contiguous encumbered parcel to another parcel to satisfy the provisions of Section 9 .05 above. 9 . 05 Residential Density A. Maximum Assigned Density: The maximum assigned density of a parcel or portion of a parcel in any SEQ sub-distric shall be one point two (1 .2) dwelling units and/or lots per gross acre. (1) SEQ- VC: Lots in the SEQ- VC district that were in existence as of the effective date of this Article and that are two acres or less in size shall be allowed an assigned residential density of 4 d.u. to the acre as of right . This density may be increased to no more than 8 d. u. to the acre through the transfer of development rights . Development in SEQ-VC shall be according to Section 9 . 10 . B. Average Development Density: The number of dwelling units that may be located on, or the number of single family house lots that may be created, within a contiguous development parcel subject to ^ a single PUD or Master Plan approval shall not exceed all average 1 density and a maximum number of units per structure of the a Adoption of Interim Zoning Bylaws 24 V.S.A. §4415 (a) If a municipality is conducting or has taken action to conduct studies, or has held or is holding a hearing for the purpose of considering a bylaw, a comprehensive plan, or an amendment, extension, or addition to a bylaw or plan, the legislative body may adopt interim bylaws regulating land development in all or a part of the municipality in order to protect the public health, safety` and general welfare and provide for orderly physical and economic growth. These interim bylaws shall be adopted, reenacted, extended, or amended by the legislative body of the municipality after public hearing upon public notice as an emergency measure. . . . (b) An interim bylaw adopted, extended, or reenacted under this section may contain any provision authorized under this chapter. Critical elements for valid bylaw where permanent bylaw or comprehensive plan amendments are not actively under review: i. Identify a potential or actual land use related issue that has been, is being or needs to be studied. 2 . Define the geographic area of the City where the issue potentially or actually exists. 3. Determine whether the "status quo" must be maintained until permanent regulations can be adopted. 4 . Determine what restriction is necessary to maintain the status quo on an interim basis . See attached Interim Bylaw previously adopted by the South Burlington City Council. /".11`1 boundary and east of Spear Street. III . LIMITATIONS ON LAND DEVELOPMENT: Within the area affected by these Interim Zoning By-laws the following restrictions shall apply: A. The minimum lot size shall be ten (10) acres. B. No new structures shall be allowed. C. No existing structure may be expanded. IV. DEFINITIONS: A. Structure: An assembly of materials for occupancy or use, including but not limited to a building, mobile home or trailer, billboard, sign, wall or fence, antenna, utility pole (including towers and lines) . V. EFFECT ON EXISTING REGULATIONS: These Interim Zoning By-laws shall not repeal or alter any existing ordinances, regulations or by-laws of the City of South Burlington. These by-laws establish restrictions that are in addition to those contained in any other City ordinance, by-law or regulation. VI . ENACTMENT PROVISIONS: These Interim Zoning By-laws are enacted pursuant to the provisions of 24 V.S.A. Section 4410 and shall be effective upon passage. Enacted by the South Burlington C' v Council this /% day of April , 1989. �� City of South Burlington,Vermont Friday, May 13, 2011 Highway Equipment Notes 2010-International Dump Truck 2007-International 4300LP Dump Truck Bid Sheet Merchants Bank' People's United Bank2 2010 - Dump Truck 3.10% 3.00% 3-year Note ($58,800) 2007- Low Profile Dump Truck 4.29% 2.20% 1-year Note ($9,026) Terms & Conditions • No prepayment penalty; • No prepayment • Total borrowing for penalty. 2011 not to exceed $10 million; • Compliance with IRS Code; • Public bid; • Federal information returns have been filed; • The Bank will prepare the loan documents for execution by City Officers at a public meeting; • Must submit the past three years of financial statements; • Legal opinion from bond counsel at the expense of the Bank. I Bid shall expire by 5:00 p.m. on Tuesday,May 17,2011. 2 Bid shall expire upon renewal(per David Olsen, Senior Vice President,People's United Bank). Peoples United A4AY I ' Bank 2 201j By May 11, 2011 Mr. Sanford Miller City Manager City of South Burlington 575 Dorset Street South Burlington,VT 05403 Dear Sandy: Based on the City's request for quotes dated April 26,2011,People's United Bank is pleased to offer the City the following financing proposals: THREE YEAR NOTE Amount: $58,800 Purpose: Refund existing debt originally issued to purchase a Dump Truck Repayment Schedule: 1/3 principal payment due annually($19,600).Interest on the outstanding balance shall be paid annually in conjunction with the principal payments. Issue Date: On or before June 1,2011 Interest Rate: 3.00%fixed for the entire 3 years Interest Cost: $1,740.00 due one year from the issue date $1,176.00 due two years from the issue date $ 588.00 due three years from the issue date Prepayment Ability: Prepayment of this note is allowed in whole, or in part,prior to maturity. ONE YEAR NOTE Amount: $9,206.00 Purpose: Refund existing debt originally issued to purchase a Dump Truck Repayment Schedule: Loan is due in full one year from the issue date Issue Date: On or before June 1,2011 Interest Rate: 2.20% Interest Cost: $211.74 Prepayment Ability: Prepayment of this note is allowed in whole, or in part,prior to maturity. Two Burlington Square,Burlington,Vermont 05401 peoples.com +0,$0JtNRORLINOTOk�,44, d, ,r. .i City of South Burlington ..�F , t{;) 575 DORSET STREET ��ll��i��'�1 ,i #� SOUTH BURLINGTON, VERMONT 05403-6260 �,f' �e °"711,o R0,"' IRST, SECOND CLASS AND CABARET LICENSE APPLICATION A TOWN M' FULL NAME OF PERSON, PARTNERSHIP, CORPORATION \rrnD , ,(2v_ef Gmiretr7K DOING BUSINESS AS/TRADENAME letI �� ADDRESS i11i4a IRST CLASS SECOND CLASS CABARET DATE RECEIVED BY CLERK'S OFFICE- A . G�D11 c -r'K) {� e South Burlington Police Department Chief Trevor S. Whipple Date Burlington Fire Department ,12" —0 b I Chief Douglas S. Brent Date South Burlington Tax Department —2 zi cc.cje5Let `404-61 5-4/1( Martha Lyons, Deputy Tax Collector Date Date Sent to Montpelier: • 2011 LIQUOR LICENSE RENEWAL APPLICATION 4436-001-1RST-01 FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 2 I/We hereby certify that the information in this applica 'oon true nnd (complete. Vt. KP 66 Dated at ' , in the county of C/_ - _ ", and State of L)'�f l o Y I , aotl this � day of Signature o�ized agent Signature of in 'vidual or partners rat' n, y, ub or assoc' ion Y7?PC {—rW.'°' (Title) Are you making this application for the benefit of any other party? Yes no Upon being satisfied that the conditions precedent to the granting of this license as provided in Title 7 of the Vermont Statutes Annotated, as amended, have been fully met by the applicant, the commissioners will endorse their recommendation on the back of the applications and transmit both copies to the Liquor Control Board for suitable action thereon, before any license may be granted. For the information of the Liquor Control Control Board, all applications shall carry the signature of each individual cammissioner registering either approval or disapproval. Lease or title must be recorded in town or city before issuance of license. APPROVED DISAPPROVED . Approved by Board of Control Commissioners of .1 Membership members present 1 , luwn Clerk TOWN OR CITY CLERK SHALL MAIL APPROVED RENEWAL DIRECTLY TO: DEPARTMENT OF LIQUOR CONTROL 13 GREEN MOUNTAIN DRIVE MONTPELIER, VT 05602 If application is disapproved, local control commissioners shall notify the applicant by letter. No formal action taken by any agency or authority of any town board of selectmen or city board of aldermen on a first or second class license application shall be considered binding except as taken or made at an open public meeting. VSA T-1,Sec.312 l �soo.eununcroh City of South Burlington i I I ik ') 575 DORSET STREET 4r. o. j`` 1; SOUTH BURLINGTON, VERMONT 05403-6260 'e<sNfn „,*s'" IRST, SECOND CLASS AND CABARET LICENSE APPLICATION 4 iowN M�' FULL NAME OF PERSON, PARTNERSHIP, CORPORATION 61)43tla 'D)-P Govr &firc. , DOING BUSINESS AS/TRADENAME Quart Pill Cl 0,k, ADDRESS f f5 (iq,‘/Iri, FIRST CLASS SECOND CLASS CABARET DATE RECEIVED BY CLERK'S OFFI South Burlington Police Department Chief Trevor S. Whipple Date So th urlington Fire Depart ent .16,_/ 57/7/1 Chief Douglas S. Brent Date South Burlington Tax Department / C-(--cat-A 4r)/t,-- Martha Lyons, Deputy Tax Collector Date Date Sent to Montpelier: 2011 LIQUOR LICENSE RENEWAL APPLICATION 1749-001-1RST-01 FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 2 /We hereby certify, under the pains and penalties of perjury, that I/We are in good standing with respect to or in full .iance with a plan approved by the Commissioner of Taxes to pay any and all taxes due the State of Vermont as of the date of this application. (VSA, Title 32, Section 3113) I/We hereby certify that I/We are not under an obligation to pay child support or that I/We are in good standing with respect to child support or are in full compliance with a plan to pay any and all child support payable under a support order. (VSA, Title 15, Section 795) In accordance with 21 VSA, Section 1378(b), I/We certify, under pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan to pay any and all contributions or payments in lieu of contributions due to the Department of Employment and Training. I/We have registered the trade name of these premises with the Secretary of State. I/We hereby certify that the information in this application true nann�d,,complete. Dated at Q gu ,L , in the county of L.,r f f i '�/(WVand State of this Z 5"day of 1-b • e of authorized agent Signature of individual or partners corporation, company/)club or association r�sick¢ ) ‘- C/ (Title) Are you making this application for the benefit of any other party? Yes No Upon being satisfied that the conditions precedent to the granting of this license as provided in Title 7 of the Vermont Statutes Annotated, as amended, have been fully met by the applicant, the commissioners will endorse their recommendation on the back of the applications and transmit both copies to the Liquor Control Rnard for suitable action thereon, before any license may be granted. For the information of the Liquor Control Control Board, all applications shall carry the signature of each individual commissioner registering either approval or disapproval. Lease or title must be recorded in town or city before issuance of license. APPROVED DISAPPROVED Approved by Board of Control Commissioners of :e City o . , Total Membershipmemberspresent Att �_1 (' ,�own Clerk c TOWN OR CITY CLERK SHALL MAIL APPROVED RENEWAL DIRECTLY TO: DEPARTMENT OF LIQUOR CONTROL 13 GREEN MOUNTAIN DRIVE MONTPELIER, VT 05602 If application is disapproved, local control ccgcmissioners shall notify the applicant by letter. No formal action taken by any agency or authority of any town board of selectmen or city board of aldermen on a first or second class license application shall be considered binding except as taken or made at an open public meeting. VSA T-1,Sec.312 SMITH COMPANY Proven Expertise and Integrity Edited for space and status. by .sst City Manager 5/16/11 April 11, 2011 City Council City of South Burlington,Vermont 575 Dorset Street South Burlington, VT 05403 We have audited the financial statements of the City of South Burlington,Vermont, for the year ended June 30, 2010. In planning and performing our audit of the financial statements of the City of South Burlington,Vermont as of and for the year ended June 30, 2010, in accordance with auditing standards generally accepted in the United States of America, we considered the City of South Burlington, Vermont's internal control over financial reporting (internal control) as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly,we do not express an opinion on the effectiveness of the City's internal control. Our consideration of the internal control was for the limited purpose described in the preceding paragraph and would not necessarily identify all deficiencies in internal control that. might be significant deficiencies or material weaknesses. However, as discussed later in this letter, we identified certain matters or deficiencies in internal control that we considered necessary to mention. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the entity's ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the entity's financial statements that is more than inconsequential will not be prevented or detected by the entity's internal control. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the entity's internal control. Our consideration of internal control was for the purposes described in the second paragraph and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. We did identify deficiencies in internal controls that we considered to be material weaknesses as defined above which are mentioned later in this letter. We expressed an unqualified opinion in our independent auditors' report dated March 11, 2011 for the year ended June 30, 2010. These matters do not modify our opinion on the financial statements for the year ended June 30. 2010. 3 Old Orchard Road,Buxton,Maine 04093 Tel: (800) 300-7708 (207) 929-4606 Fax: (207) 929-4609 www.rhrsmith.com City of South Burlington, Vermont—Page 3 Control deficiency (continued): 7. City Water & Waste Water Warrant Approval—Done: While performing the audit for the above mentioned year end, it was noticed that the City contracts for the fiscal administration of Water and Waste Water. We noted during the above mentioned year audited that the City was not approving these warrants before the disbursement of funds. In most cases the Council was signing the warrant after the checks had already been disbursed. We advise the City that all warrants should be signed off in advance of disbursement of funds. S. Sales Tax Paid: While performing the audit for the above mentioned year end, it was noticed that the City paid sales tax on certain payments. We advise the City that as a governmental organization that it is exempt from paying sales tax. 9. Water & Wastewater Accounts Receivable Done: While performing the audit for the above mentioned year end, it was noticed that the City contracts for the fiscal administration of Water and Waste Water. Furthermore, the City does not ask for nor receive a list of all outstanding accounts on a monthly basis. The City, to reconcile its internal books, should receive a list of all outstanding Water and Waste Water accounts for reconciliation purposes monthly. 10. Water& Wastewater Cash Receipts Done: While performing the audit for the above mentioned year end, it was noticed that the City contracts for the fiscal administration of Water and Waste Water. Furthermore, the City does not ask for nor does it receive cash receipts for payments on these accounts but once a month. The amount can approximate from $300,000 to $400,000. The City should ask for receipts in the above mentioned area to be turned over weekly or biweekly to improve its cash position. 11.Monthly Financial Statements Done: While performing the audit for the above mentioned year end, it was noticed that Council or Department Heads do not receive monthly financial reports on a consistent basis. The City, by the 15th day of the following months should furnish Council monthly financial reports for all funds of the City, and for the Department Heads monthly financial reports of their respective funds. The City is now furnishing monthly financial reports to all applicable parties. 12. Equity Interest in City Managers House In Process: While performing the audit for the above mentioned year end, it was noticed that the City entered into an agreement upon hiring the former City Manager. The City, according to the contract, lent money to the Manager to purchase the house. Upon separation of service, the loan was to be repaid, by various options outlined in the contract in full. The City Manager retired in 2010. It appears the City Manager repaid the loan in its entirety. Based on that same agreement, the City was also to maintain an equity interest in the house to be repaid according the terms outlined in that same agreement. As of June 30, 2010 it appears the City has not been repaid its equity interest in the house. The City should review the agreement in place with the former City Manager and determine if in fact it is owed its share of equity interest. City of South Burlington, Vermont—Page 5 Material Weaknesses (continued): 19. City's Overall Financial Condition: While performing the audit for the above mentioned year end, it was noticed that the City has used much of its general funds to pay for the expenditures of special funds and enterprise funds of the City. As noted on pages 49 and 50 of the City's financial statements, the approximate deficits funded are in excess of$6,000,000. This does not include the City's unfunded pension obligation as of June 30, 2010. We recommend the City review all of its existing funds/fund deficits and consider writing off where applicable. In the event that some of these funds are collectible, that the City establish a viable payment/workout plan with viable terms amongst all funds with the General Fund. 20. Unfunded Pension Obligation In Process: While performing the audit for the above mentioned year end, it was noticed that the City has an unfunded pension obligation in excess of$8,000,000. We recommend the City review this obligation with its professional actuaries, and establish a written plan approved by Council to fund this obligation. Subsequent to the audit the City Council has authorized the borrowing to fund this obligation in what it believes will be a cost saving move to the City. 21. City Debt Obligations Done: While performing the audit for the above mentioned year end, it was noticed that the City had numerous debt borrowings on various projects or equipment. While verifying this debt, questions have been raised by us to management on the authorization of this debt. We understand Statute and the City's Charter are clear to what the Council may authorize and what the City of South Burlington residents must authorize. We have furnished to management a list of questionable borrowings. We understand that management is currently looking into the authorization of these loans but has already discovered that some of these loans should have been authorized by voter approval. Management is currently reviewing its entire loan portfolio for compliance. 22. Cross Training: Currently, the City has no back up for the finance officer position. We believe that this position is vital to the City and that the City should train existing personnel within the finance department to be knowledgeable and perform this job if necessary. We recommend that the City review its current fiscal staffing and consider restructuring duties and responsibilities. 23. Budgeting Done and In Process: While performing the audit for the above mentioned year end, it was noticed that the City's annual budget did not include revenues and expenses for all funds. The City should review all special funds established at the City for compliance with Statute and Charter. Very Best, Ron Ron H.R. Smith, C.P.A. �� City of South Burlington 0®1® 4 City Clerk's Office voEEiDonna Kinville, City Clerk CN. �fk Date: May 13, 2011 To: South Burlington City Council From: Donna Kinville, City Clerk and Treasurer (t1$vk_ RE: New dog and cat ordinance As part of the City's challenge I looked at the current dog and cat registration and late fees that the City is currently charging. As Bob was reviewing my changes to the current ordinance for the care and control of dogs and cats, he thought that the ordinance needed to be completely rewritten and I was asked to compare our dog ordinance to other municipalities along with looking at VLCT's model ordinance. In the rewrite, I used VLCT's model ordinance as the base for this new ordinance and then I reviewed Winooski,Williston, Milton, Colchester, Shelburne and Wilmington's dog ordinance for comparison. The result is a completely rewritten new South Burlington Ordinance for the Care and Control of Cats and Dogs. Here are some bullet points on the new ordinance: ➢ This Ordinance completely replaces the prior ordinance. ➢ An attempt was made to reference where the Statutory Authority is located whenever possible. ➢ Changed the definition for vicious dog to VLCT's wording. ➢ All payments for fines and waivers for civil penalties shall be in cash but can add debit/credit card if desired as both options eliminates trying to collect on a bad check. ➢ Added a section about confining a dog or cat in heat in a building or secured location. ➢ Added a section about the humane care for dogs and cats which was missing from our ordinance. ➢ Fees: o Increased dog registration fees from $10 to $20 for a spayed or neutered dog and increased fees from $12 for an un-neutered dog to $24 and increased fees for an un-spayed female from $14 to$24. o Increased cat registration fees from $10 to$11 for a spayed or neutered cat and increased fees from $12 for an un-neutered dog to$15 and increased fees for an un-spayed female from $14 to $15. o Instituted a late fine for those who do not register their dog or cat by the State deadline of April 1. For Fiscal Year 12 the late fine will be$10 for the entire year and after FY 12 the late fines are for April 2-April 30 is$10 and May 1— December 1 is$25. The late fine if the dog or cat is registered after the deadline regardless of fiscal year due to the animal control officer having to become involved will be a larger fine of$50. o Increased the amount to be collected to pay for registration when the clerk's office is not open and the dog or cat is not registered to $74 which is the maximum amount that the clerk's office could collect($24 for license and $50 for animal control officer). If the dog or cat is registered within 5 days and the actual registration fee and late fine are less than $74, the balance will be refunded. 575 Dorset Street South Burlington,VT 05403 802-846-4105 dkinville@sburl.com ORDINANCE FOR THE CARE AND CONTROL OF DOGS AND CATS The Council of the City of South Burlington hereby Ordains: t' i ; M., The South Burlington Ordinance for the Care and Control of Dogs and Cats adopted May 7, 1963, amended June 3, 1968,June 16, 1975, October 2, 1995, and 7 SECTION 1i w,This ordinance is adopted bk-the City,'"' o , t l a' ei �,® �: ��yt .u . '9, 24 V.S... §§ 2291 (10) and 2291 (14 & d.. SECTION 2. x - rpoa pi SECTION 3. DEFINITIONS. For purposes of this ordinance,the following words and/or phrases shall apply: A. "Dog" means any member of the canine species and wolf hybrid as described in 20 V.S.A. § 3541; B. "Cat"means any member of the feline species; C. "Owner" shall include any person or persons, firm, association or corporation owning, keeping, or harboring a dog or cat; '� D. GG { '.at large" shall mean off the premises of the owner, and not under the control of the owner, a member of his/her immediate family, or an agent of the owner, either by leash, cord, chain or otherwise within control of such person so that at all times the dog or cat can be prevented from causing any damage, disturbance or annoyance; E. "Enforcement official"when used herein shall mean any constable,police officer, animal control officer, and pound keeper; it shall also include any other individual specifically designated by the City Council to enforce the provisions of this ordinance; F. GG � a: ...,, e efe ,aor org. a h,....,, x. "Vicious cat" , s�` ki m ^tea' " G. Vicious dogor means a dogr ' ' cat that e e attack or bodily injury from such animal, unless the p on i domestic, ,et or domestic.animal. as d fined 2, .,,V.S..\, 3544 F wrier of the animal. The term shall also mean any animal that, w H. men ''refers toy ' tines and a_ n ely t >issued. SECTION 4. DISTURBANCES AND NUISANCES. A. No dog or cat shall run at large in the town. SECTION 7 ENFORCEMENT. 's a civil a $una forcednfare e VE i. �� accor da„ i t et SECTION 8. IMPOUNDMENT. A. Any dog or cat that is determined by an Enforcement Official to be a vicious dog or cat which presents an imminent danger to people or other animals shall be immediately impounded. B. gt 6, 'tatt ,pypiksjoiiattU ordinanc„ SECTION 9. NOTICE OF IMPOUNDMENT AND RELEASE FROM IMPOUNDMENT. A. The officer who impounds a do or cat shall,within 48 hours, give notice to the owner thereof, either personally. by telephone call, t Te �' er l Such notice shall inform o\vner of the`nal e of ,the location of the animal tf� i, pt A: e nfala to u the animal re ed tot wne B. If'an impoun or ca no or othe entif icati. i"n,the person w $ poun it of proceed under the provisions of 20 V.S.A. § 3806. refundable cash b "nd in 4 ` four dollars ($74) may be paid by the owner in lieu of the license fee which in '� city clerk's office is not open or the animal needs vaccination prior tolieensind 4 0 a be returnS to the owner upon proper licensing of the animal. after determining, x ;� 0� and late f 'owed. Failure to license the dog or cat\within(5) days shall ca "`' 1 a� "`$, r .11 --1, bond and'..„w owner shall be subject to all penalties provided for by t .s ord C. i panne anim hall be r d to the owner only after as l action b} the o��ner. Rep R1 `�f� ` 1 t ` r`riedi fi kied to such actin fees after r is vvtth the protiisrons of this durance and with current license and � tted' " '�� tdm at ia y a ` state lativ., D. An"appropriate complaint"shall be deemed to have been made when a person verbally gives the City Police Department a full description of the dog or cat, including breed(if known), size,color, and other distinguishing features which description must be sufficient for an enforcement official to make a proper identification. If such description is insufficient for proper identification,no dog or cat shall be impounded. The person who made such complaint shall file in writing with the Police Department a form furnished by the City setting forth his/her name, address,phone number, description of the dog or cat, and circumstances under which the dog or cat was believed to be in violation of this ordinance. If no written complaint is filed,the City, at its option,may release the dog or cat and charge the complainant with any impoundment fees or boarding fees which may be due. In addition to the impoundment fees charged herein,there shall be a boarding charges im144 : t3rfr <d . Dated Sandra Dooley, Chair Meaghan Emery, Vice-Chair Rosanne Greco,Clerk James Knapp Paul Engels dig .1A? NI 65- All Ordillal1CC - to Amend the C107 of South Burlington Ordinance for the Care and Control of Dogs The Council of the City of South Burlington hereby Ordains: 1. The South Burlington'Ordinance for the Care and Control of Dogs adopted May 7, 1963, and amended June 3, 1968, June 16, 1975 and October 2, 1995 is amended so the ordinance shall read as follows. This ordinance shall be a civil ordinance within the meaning of 24 V.S.A Chapter 59. This ordinance shall henceforth be known as the Ordinance for the Care and Control of Does and Cats. _ • Section 1. Definitions As used in this Ordinance, unless the context otherwise indicates, a. "Dog" shall include both male and female; b. 'Cat' shall include male and female feline species; [b.] c. "Owner" shall include any person or persons, firm, association or corporation ---- owning, keeping, or harboring a dog or cat; [c.] d. "At large" shall mean off the premises of the owner, and not under the control of the owner, a member of his/her immediate family, or an agent of the owner, either by leash, cord, chain or otherwise within control of such person so that at all times the dog or cat 'can be prevented from causing any damage, disturbance or annoyance; [d.] e. "Enforcement official" when used herein shall mean any coiwtable, police officer and poundkeeper; it shall also include any other individual specifically designated by the City Council to enforce the provisions of this ordinance; [e.] L "Vicious dog" shall mean a dog which causes immediate fear of bodily harm by attack or threatening to attack a person. Section 2. Disturbance by Noise No person shall keep or harbor any dog or cat which by frequent or long continued noise disturbs the comfort or repose of persons in the vicinity. Section 3. Running at Large No person shall permit a dog owned by him/her or under his/her keeping or control, to run in a street, park or common, unless such a dog shall be accompanied by the owner or persons have the keeping or control thereof. The owner or keeper of the dog shall not allow his/her dog to run or trespass on other peoples'property, namely lawns, gardens,yards, schoolyards or playgrounds, or any other land used or occupied by any other person. CITY CLERK'S ()FMB RenelvetLASILeskj.Lio qr1 at R '-,ordect in Vot on page- Of30. Buriingtm Land RecoA., . • _I P.S. 9/10/.37 2a Section 7. Notice to Owner and Redemption Not later than two days after the impounding of any dog or cat, the owner shall be notified, or if the owner is unknown, written notice shall be placed in the area newspaper describing the dog or cat and the place and time of taking. The owner of any dog or cat so impounded shall reclaim such dog or cat upon payment of the license fees and other charges required under this ordinance. Section 8. Disposition of Unclaimed Dogs and Cats It shall be the duty of the poundkeeper to keep all dogs and cats impounded for a period of six (6) days. If at the expiration of six (6) days from the date of notice to the owner or the posting of notice such dog or cat shall not have been redeemed, it may be sold, given away or destroyed. Any owner who fails to redeem his/her dog or cat or does not pay boarding fees, impoundment fees, euthanasia and cremation fees, or any other fees associated with the animal, within 30 days of initial impoundment shall be assessed all of said fees and charges. The sums owed under this section may be collected in a civil action brought under this section. Section 9. Impoundment Fees a. Any dog or cat impounded under the provisions of this ordinance shall be released only on payment of a $25.00 impoundment fee; provided, however, that any dog or cat impounded for the second time in any 12-month period shall be released only on payment of$50.00 and if so captured for a third offense in any 12-month period, it shall be released only upon payment of$75.00 with an increase to $100.00 in such fee for each subsequent offense in a 12-month period. b. In addition to the impoundment fees charged herein, there shall be a boarding charge of 36.50 per day or fraction thereof during which the dog or cat is impounded. c. The City Council is hereby empowered to increase the impoundment fees and boarding charges provided for in this section by appropriate resolution. The City Council may make such increases in said fees and charges as they deem appropriate and necessary from time to time. Section 10. Animal Bites a. It shall be the duty of every enforcement official to apprehend and impound any animal, domestic or wild, that has bitten any person, when an appropriate complaint is lodged with the City Police Department. What constitutes an appropriate complaint is set forth in Section 4(b) herein. Prior to apprehending and impounding any animal pursuant to the provisions of this section, an enforcement official shall make a reasonable investigat';n to determine whether the alleged animal bite did in fact occur, and to verify the identification of the animal. All verified dog or cat bites shall then be handled in accordance with the provisions of Section 10 (b) and (c). All other animal bites will be referred to a City Enforcement Official or the City Health Officer. Draft: Cat/Dog Ordinance P.S. 8/11/97 a • Section 14. Civil Penalties An Issuing Municipal official is authorized to recover civil penalties in the following amounts for each violation: • First Offense • $25.00 Second Offense $50.00 Third Offense $75.00 Fourth and Subsequent Offenses $100.00. Offenses shall be counted on a 12-month rolling basis. Section 15. Other Relief In addition to the enforcement procedures available before the Traffic and Municipal Ordinance Bureau, the City Manager is authorized to commence a civil action to obtain injunctive and other appropriate relief, to request revocation of a license by the City Council, or to pursue any other remedy authorized by law. Section 16. Animal Waste The owner of every animal shall be responsible for the removal of any excrement deposited by his or her animal(s) on public walks, recreation areas or public or private property. -tction 17. Vicious Dog Investigation Upon written complaint by three (3) City residents of separate households that a dog is alleged to be vicious, the City Council may hold a hearing on the facts of the complaint and if the dog is found to be vicious may make such order as necessary to protect the public. Section 18. Severability Any part or provision of this ordinance shall be considered severable and the invalidity of any part or section will not be held to invalidate any other part or provision of the ordinance. Text to be deleted is shown in brackets; text to be added is underlined. This ordinance shall take effect u i. 'p�- J 4K uct I l 9 q 8 ) Date N f i q 7 South Burlington City Council � 'am Cimonetti, Chair .`.. - Con., yj David Austkn N. 0 (,, Joan ritt Terrance Sheah l City Of South Burlington, Grant Request Foul]. Prior to applying for a grant please complete this form and submit to Assistant City Manager... Please submit at least two weeks prior to City Council approval meeting. Extenuating circumstances which do not permit two weeks notice should be brought to the attention of the Assistant City Manager as soon as possible. Please attach actual grant application form—either blank or completed Louise Murphy Name and title of person completing this form(Project Manager) Date 5/8/11 1. Name/title of grant and submittal deadline date: Ronald MacDonald House Charities; Deadline June 30`h,2011. Grants that are received early have a higher rate of acceptance. I would like to submit this grant within the next few weeks to increase our chances. 2. What specifically is the grant's purpose? The grant funds would be used to purchase an Early Literacy Station (ELS). ELS is a self-contained computer and software educational tool for children ages 2 to 10,with fifty software programs covering 7 different educational levels. Educational review sources have given high ratings to the ELS. It has touch screen and keyboard capability, and can be easily used by young children. The programs are intuitive and engaging for children. No technical support,Internet connection, or staff assistance is required. It comes with a bilingual French option. Over 35 % of public libraries now have an Early Literacy Station. The ELS will be very advantageous in the South Burlington Community Library for children who do not have access to educational computer programs in their homes and it will help to bridge the literacy gap in the community. The ELS will also support school readiness for all users and as an added bonus it will draw children and families to the library. 3. What does the grant fund and not fund(be specific)? "The RMHS will fund organizations that have (1) a program the directly benefits children(2) consistent and affective management(3) clear goals and objectives (4) a broad base of funding support(5)A demonstrated ability to respond to the needs of specific groups of children in a manner that yields measurable results(6)request funds for specific program support." "RMHC does not fund (1) advertising or fundraising drives (2)partisan, political or denominational programs (3) general and administrative costs (4)intermediary funding agencies(5) endowment campaigns (6) ongoing salaries or travel expenses (7) requests not submitted in writing." We would request RMHS Grant funding for one ELS station,headphones, and a four year warranty. If warranty is not approved,the cost for the City will be $150 per year to purchase a warranty. The warranty is optional. Another optional annual purchase that the library might want to consider is the ELF program. The ELF program is $350 annually and provides (1) updates of the latest versions of the ELS software (2) a replacement computer if ELS needs to be sent away for repair(3) a child safe browser which is a tool that allows children to safely explore carefully chosen, highly engaging free-use educational resources on the Internet. The safe browser can be distributed to all parents and children in the community. The ELF might be something that the library asks the Friends of the Library to purchase. 4. Total Project Cost: a. Amount of grant: $3520 b. Is there a City match required,how much and in what fiscal year(s)?NO c. Are there other grants"tied into" or being used as a match for this grant of which are matching funds for this grant?NO 5. From what budget line will match be paid, and is there unencumbered money to pay it?NO 6. Is there a cost to the city upon grant conclusion, and if yes,please describe?None City Of South Burlington, Grant Request Form Prior to applying for a grant please complete this form and submit to Assistant City Manager.. Please submit at least two weeks prior to City Council approval meeting. Extenuating circumstances which do not permit two �..� weeks notice should be brought to the attention of the Assistant City Manager as soon as possible. Please attach actual grant application form—either blank or completed _Trevor Whipple, Chief of Police _May 10, 2011_ Name and title of person completing this form(Project Manager) Date 1. Name/title of grant and submittal deadline date: Homeland Security Grant Program, June 1, 2011 2. What specifically is the grant's purpose? Provide funding for digital P25 compatible radios 3. What does the grant fund and not fund(be specific)? Grant funds the full costs of purchase and installation of two way radios 4. Total Project Cost: a. Amount of grant: $7,160 b. Is there a City match required,how much and in what fiscal year(s)? No match c. Are there other grants"tied into"or being used as a match for this grant of which are matching funds for this grant? No 5. From what budget line will match be paid, and is there unencumbered money to pay it? No match. 6. Is there a cost to the city upon grant conclusion, and if yes,please describe? None 7. Is grant for stand alone project, and if no,how does grant fit into another project(describe in some detail)? Stand alone. 8. Length of grant-will the grant cross fiscal year(s)? One year grant 9. Who will apply for grant(name/title)? Trevor Whipple,Chief of Police 10. How much time will it take to complete grant application form? Approximately 30 minutes 11. How likely is it that we will receive grant? 100%to some degree. Funding is contingent upon amount of requests. Advance notice provides that funding should exist for all requests. 12. Who will manage(project manager)grant and grant paperwork if approved(if different person than who is filling out this form),what are any grant compliance requirements,how much time will this take and how is that time available? Are there funds available in the grant to pay for our administrative costs? Can in-kind service be used as part of the City match? Trevor Whipple. Grant requires quarterly financial reporting. This should take less than a half hour every quarter. No admin costs allowed. 13. Describe grant payment process—method of cash flow: Reimbursement upon receipt of proof of purchase and quarterly financial report. 14. Should a Council-appointed Committee,Board ,or Commission review this request? If yes,please update status: No 15. In terms of priority,with 5 being highest and 1 being lowest,please rate this grant in terms of how it fits into your primary mission as approved by City Council and current projects to complete that mission: Priority 5. Two vehicles do not have mobile radios and they were removed from the budget for FY12. City Of South Burlington, Grant Request Form Prior to applying �)for a grant please complete this form and submit to Assistant City Manager.. Please submit at least two weeks prior to City Council approval meeting. Extenuating circumstances which do not permit two weeks notice should be brought to the attention of the Assistant City Manager as soon as possible. Please attach actual grant application form—either blank or completed _Trevor Whipple, Chief of Police _May 10, 2011 Name and title of person completing this form(Project Manager) Date 1. Name/title of grant and submittal deadline date: Law Enforcement Terrorism Protection Program, June 1, 2011 2. What specifically is the grant's purpose? Provide continued funding for existing mobile data terminal air card fees, fund additional Mobile Data Terminals, fund purchase of License Plate Readers (LPR) 3. What does the grant fund and not fund(be specific)? Grant funds the full costs of purchase and installation of equipment. 4. Total Project Cost: a. Amount of grant: $84,461.20 b. Is there a City match required, how much and in what fiscal year(s)? No match c. Are there other grants"tied into"or being used as a match for this grant of which are matching funds for this grant? No 5. From what budget line will match be paid, and is there unencumbered money to pay it? No match. 6. Is there a cost to the city upon grant conclusion, and if yes,please describe? Mobile Data terminals require funding for mobile data service($43.01/month and $1,000/year server connection fee=$4,548.36 annual budget increase) 7. Is grant for stand alone project, and if no,how does grant fit into another project (describe in some detail)? Stand alone although the added equipment and technology will enhance our traffic safety operations. 8. Length of grant-will the grant cross fiscal year(s)? One year grant 9. Who will apply for grant (name/title)? Trevor Whipple, Chief of Police 10. How much time will it take to complete grant application form? Less than one hour 11. How likely is it that we will receive grant? 100%to some degree. Funding is contingent upon amount of requests. Advance notice provides that funding should exist for all requests. 12. Who will manage(project manager)grant and grant paperwork if approved(if different person than who is filling out this form), what are any grant compliance requirements,how much time will this take and how is that time available? Are there funds available in the grant to pay for our administrative costs? Can in-kind service be used as part of the City match? Trevor Whipple. Grant requires quarterly financial reporting. This should take less than a half hour every quarter. No admin costs allowed. 13. Describe grant payment process—method of cash flow: Reimbursement upon receipt of proof of purchase and quarterly financial report. 14. Should a Council-appointed Committee,Board, or Commission review this request? If yes,please update status: No 15. In terms of priority, with 5 being highest and 1 being lowest,please rate this grant in terms of how it fits into your primary mission as approved by City Council and current projects to complete that mission: Air cards=priority 5,these will remove costs from current budget,Mobile Data Terminals=priority 2,these City Of South Burlington, Grant Request Form Prior to applying for a grant please complete this form and submit to Assistant City Manager.. Please submit at least two weeks prior to City Council approval meeting. Extenuating circumstances which do not permit two weeks notice should be brought to the attention of the Assistant City Manager as soon as possible. Please attach actual grant application form—either blank or completed _Trevor Whipple, Chief of Police _May 12, 2011_ Name and title of person completing this form(Project Manager) Date 1. Name/title of grant and submittal deadline date: Secure our Schools,May 25, 2011 2. What specifically is the grant's purpose? Provide funding school security 3. What does the grant fund and not fund(be specific)? Grant funds 50%of the cost of school security enhancements(lock upgrades,video security enhancements,bus garage security and video) 4. Total Project Cost: a. Amount of grant: $30,000 with a$30,000 School Match b. Is there a City match required,how much and in what fiscal year(s)? 50%match currently budgeted and committed by SB Schools c. Are there other grants"tied into"or being used as a match for this grant of which are matching funds for this grant? No 5. From what budget line will match be paid,and is there unencumbered money to pay it? Match to be paid by the school district 6. Is there a cost to the city upon grant conclusion, and if yes, please describe? None 7. Is grant for stand alone project, and if no, how does grant fit into another project(describe in some detail)? Stand alone. 8. Length of grant-will the grant cross fiscal year(s)? One year grant 9. Who will apply for grant(name/title)? Trevor Whipple, Chief of Police with assistance and background completed by Corporal Tonya Lawyer 10. How much time will it take to complete grant application form? 2 hours by Tonya Lawyer,30 minutes by Trevor Whipple 11. How likely is it that we will receive grant? Uncertain but viewed a likely. 12. Who will manage(project manager)grant and grant paperwork if approved(if different person than who is filling out this form),what are any grant compliance requirements,how much time will this take and how is that time available? Are there funds available in the grant to pay for our administrative costs? Can in-kind service be used as part of the City match? Trevor Whipple to manage the grant. Grant requires quarterly financial reporting. This should take less than a half hour every quarter. No admin costs allowed. 13. Describe grant payment process—method of cash flow: Reimbursement upon receipt of proof of purchase and quarterly financial report. 14. Should a Council-appointed Committee,Board,or Commission review this request? If yes,please update status: No ls. In terms of priority,with 5 being highest and 1 being lowest,please rate this grant in terms of how it fits into your primary mission as approved by City Council and current projects to complete that mission: Priority 4. Receipt of this grant will allow for better school security, safer police response and overall protection for our children. . , Ci 410 A) --, KA &M. south urlin ton PUBLIC WORKS MEMO To: South Burlington City Council From: Justin Rabidoux, Director I2 Date: May 11,2011 Re: Fiscal 2012 Paving Contract Award The City released bids for the Fiscal 2012 paving contract in April and they were opened on May 6. Five bids were received,the results were: F.W. Whitcomb $254,440.97 Pike Industries $256,094.21 SD Ireland $259,045.05 AC Paving $274,912.00 ST Paving $340,742.10 The approved FY'12 budget contains $316,721 for Highway Paving,with $280,000 dedicated to the paving contract and the remainder for contingencies. The low,responsible bidder,F.W. Whitcomb, submitted a bid that is within budget. The City has worked with Whitcomb in the past and has been satisfied with their work product. Staffs recommendation is to award the paving contract to F.W. Whitcomb. In support of that recommendation,please find attached the following: 1. A Resolution for City Council's consideration. 2. The FY'12 Paving Contract bid tabulation. Please feel free to contact me prior to Monday's meeting with any questions. 575 Dorset Street South Burlington, VT 05403 tel 802.658.7961 fax 802.658.7976 www.sburl.com Physical Address: 104 Landfill Road South Burlington I RESOLUTION A RESOLUTION AWARDING THE CITY'S FISCAL 2012 PAVING CONTRACT TO F.W. WHITCOMB WHEREAS, the City of South Burlington annually bids out a contract for city-wide paving services; and, WHEREAS, the Council and voter approved FY'12 budget contained $316,721 for Highway Paving, $280,000 of which is dedicated to the annual paving contract; and, WHEREAS, on May 6 bids were received from five paving contractors; and, WHEREAS, F.W. Whitcomb was the low bidder with a bid of$254,440.97. NOW, THEREFORE, BE IT RESOLVED the South Burlington City Council hereby awards the Fiscal 2012 Paving Contract to F.W. Whitcomb and authorizes the City Manager to execute the necessary contract agreements. APPROVED this day of May, 2011. SOUTH BURLINGTON CITY COUNCIL Sandy Dooley, Chair Meaghan Emery, Vice Chair Rosanne Greco, Clerk James Knapp Paul Engels CO O N O 0 O O O O CO o O CO r cJ r-co N 0<D V V N-o of O Co') OM <O o O (O O M V O) V V n NM O m o N co co N- V CO M cDOV O t`(C N( Ni.M N a0 M O) U 69 69 i9 IA r 69 69 09 E9 c0 EA 69 N E9 69 EA N E9 CO O Nn O O O O O O CO o O 0 w 1� V V V N V N-a- N�V V V c a) N O N O O N O N O N O O p .L., E9 69 N EA h EA n E9 N- N. N. co6.9 0 0 0 0 O o 0 0 0 o O o 0 V' N CO V. CO CO O Cn (D O V O 6 v Nr� <D N- N N N O N C O VN: N y co 6 O) (C co O r CO CO V r O N N N N N N N. N h CC)O U 69 E9 E9 cO N M CO 0) N C 6969E9 E9 fA E9 E9 E9 EA CO 69 6 9^OM o OC)O O O O O O O O O ''O C d V N V N N 9 N V N V N N N = V E9 N- 69a a EAa EA of E90 09 co — etV9 E IA ( '.f9 Nn O Nn O 0 00 LO C) LO C) 00 Q h 0 r 0 0 0 0 N-O N. 0 0 0 wa. 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E N ( r 7 N �N W N N C�7 'at 1n Cf) CC CC N O E a` iii..., South Burlington Public Works h! rjF1 i 575 DORSET STREET r. /ice SOUTH BURLINGTON,VERMONT 05403 �,` re TEL:(802)658-7961 "{ FAX:(842)658-7976 OFFICE 104 LANOFIU.Fir TO: South Burlington City Council From: CP Date: January 12,2011 RE: 5-Year Paving/Construction Plan The following is the proposed 5-year paving/construction plan for the South Burlington Public Works Department. This list will be adjusted as needed to suit any more pressing needs that may arise. PROJECT LOCATION 2011/2012 COST White Street US-2 to Patchen Cold Plane/Repave $ 10,911 White Street Loop Repair/Traffic Marking $ 4,400* Swift Street(US-7 to Farrell) Cold Plane/Repave $ 19187 Swift Street(US-7 to Farrell) Loop Repair/Traffic Marking $ 3,200* Brigham Road Repave $ 22,325 Slocum Street Recycle/Repave $ 45,382 Meadowood Drive Recycle/Repave $ 119,920 Lupine Lane Cold Plane/Repave $ 21,283 Pinetree Terrace Repave $ 15,352 $284,150 PROJECT LOCATION 2012/2013 COST White Street Patchen to Airport Dr. Recycle/Repave $230,422 White Street Loop Repair/Traffic Marking $ 6,000 Hadley Road Cold Plane/Repave $ 45,215 Elizabeth Street Repave $ 11,519 $293,156 PROJECT LOCATION 2013/2014 COST Butler Drive Section"B" Cold Plane/Repave $ 75,526 Kirby Road Cold Plane/Repave $ 81,331 Orchard Road Cold Plane/Repave $24,474 Victory Drive Cold Plane/Repave $45,215 .Worchester Street Cold Plane/Repave $26,981 thy Street Cold Plane/Repave $23,983 White Place Repave $ 7,849 $285,359 Page 1 of 1 Kelly Murphy From: Sandy Miller Sent: Friday, May 13, 2011 2:40 PM To: Kelly Murphy Subject: Please print up for CC Agenda (Paving Bid) From: Lamp44@aol.com [mailto:Lamp44@aol.com] Sent: Tuesday, May 10, 2011 12:16 PM To: Sandy Dooley Cc: Sandy Miller Subject: Butler Drive Dear Sandra, I understand from Mr. Miller that the city council will be voting on the paving budget this coming Monday, May 16, 2011. As Chair of the City Council, please consider this email a formal request that the city council take whatever action necessary to include my section of Butler Drive so as to ensure that it is paved this year. If you do not feel you have enough information to take such action at the Monday, May 16 meeting, than I encourage you and your fellow council members to postpone taking any action on approving the paving budget until such time as Mr. Rabidoux's report discussing how the five year pavement plan is developed is ready. I would think you would want this report before voting in any event. This is the same report that Mr. Miller discussed in a series of emails to which you have been a recipient. I encourage you and the council to continue and expand your hands on approach to more and more of the city's activities, such as I have been reading that you now do for the underfunded pension plan. If you need anything further from me, please let me know. I think you already know my position and reasoning from the email exchanges between myself and Mr. Miller, with copies to you. Thank you for your consideration. John Lampron 46 Butler Drive 862-4805 5/13/2011 Chittenden County Regional Sustainability Project 4/20/2011 !6 Steering Committee Agreement Chittenden County Regional Sustainability Project Steering Committee Agreement 1. Introduction. The Chittenden County Regional Sustainability Planning Steering Committee ("Steering Committee") is a broadly-based partnership committed to identifying and implementing strategies that improve Chittenden County's long-term Sustainability: economically, environmentally and socially. To help accomplish this goal, the US Department of Housing and Urban Development awarded the partnership a three (3) year, one million dollar($1 million) Sustainable Communities Regional Planning Grant starting on February 1, 2011. 2. Steering Committee Objectives. To accomplish this goal we agree to: a. Review, revise and agree on common goal or vision statements by July 2011; b. Develop indicators tied to the vision statements to increase accountability and measure progress by March 2012; c. Prioritize implementation actions for the next 5, 10 and 20 years that will best further the goals of the Steering Committee by October 2012; d. Invest $280,000 of grant funds in high priority implementation actions by January 2013; e. Using all of the preceding task results, the responsible organizations will update the Chittenden County Regional Plan, the Chittenden County Metropolitan Transportation Plan, the Chittenden County Comprehensive Economic Development Strategy, and the Burlington Legacy Action Plan in 2013. f. Use the results of this process in the updating of our municipal, agency, or organizational plans to the degree appropriate. 3. Steering Committee Membership. The Steering Committee includes municipalities, state agencies, regional organizations,non-profit organizations,academic institutions, business interests, and other partners committed to building a livable,sustainable, and equitable region. It is the intent of the Steering Committee to conduct a process that is as inclusive as possible. Special efforts will be made to include and engage previously marginalized or under-represented constituencies. The Steering Committee membership as of March 8, 2011 is attached (Attachment A). These members were approved to participate by their municipality, agency, or organization and those entities may remove or replace their approved representative at any time. If an organization, agency or individual desires to become a member of the Steering /Th Committee after May 15th, they or a current member shall submit a written request for 1 Chittenden County Regional Sustainability Project Steering Committee Agreement 4/20/2011 a. The Steering Committee will be led by Co-Chairs; Sandy Miller, City of South Burlington and Penrose Jackson,Fletcher Allen Health Care; b. If we cannot attend, we will make sure our alternate does; c. A quorum is at least 50% of the membership; d. An open, honest, and respectful dialogue is essential to the process; e. Silence or non-attendance is assumed to be agreement unless the member notifies the Co-Chairs in writing at the time of signing this agreement that their organization's vote must be made in person at a meeting; f. The Co-Chairs will appoint work groups as needed to develop recommendations for consideration by the Steering Committee. The appointment of work groups will include a charge and leadership from the Steering Committee. Work groups will encourage open participation of organizations and individuals that are not formal members of the Steering Committee; g. We will bring up issues and propose solutions as soon as possible; h. In making decisions, we will explicitly ask ourselves: i. Have we heard from marginalized communities? ii. Have we considered the feedback that we received and how have our products changed as a result? --� iii. Are our decisions consistent with our goal or vision statements? i. We will arrive at decisions by consensus; j. If consensus is not reached, then reasons for opposition will be clearly stated; and k. If a decision must be made without consensus, a majority of the membership is needed. 7. Responsibilities of Supporting Partner Agencies. In addition to their responsibilities • as Steering Committee members, the following supporting partner agencies make the commitments listed below. These partners will serve as a Coordination Group and have agreed to commit their own resources or are receiving funds from the grant through a sub-grant agreement to carry out these commitments to the Steering Committee. Chittenden County Regional Planning Commission (CCRPC) agrees that it will: • Provide overall project management, administrative support and act as the financial agent. • Support the Steering Committee and engagement processes with staff. • Draft proposed vision statements by May 2011. • Present analyses related to land use and natural resources (with assistance from ANR and municipalities) by October 2011. rTh • Provide additional technical assistance with, data, maps, analysis, and recommendations. 3 Chittenden County Regional Sustainability Project Steering Committee Agreement 4/20/2011 Comprehensive Economic Development Strategy and Economic Development Plan by 2013. City of Burlington (Burlington) agrees that it will: • Work with the public engagement consultant (LandWorks) to draft a public engagement strategy for the Burlington Legacy Action Plan. Support Landworks as it conducts the Legacy Plan update process, including public engagement activities and the distillation of community-generated information, and additional activities related to the larger regional effort. • Review draft vision statements and recommend improvements by May 2011 including those from Burlington Legacy. • Assist CRS with developing data and sustainability indicators by March 2012 including those that are most relevant to Burlington Legacy. • Identify and assist in prioritizing implementation actions by 2012 and consider these priorities in the update of the Burlington Legacy Action Plan. • Oversee the production of the final Burlington Legacy Action Plan by LandWorks including the creation of electronic and other materials by 2013. Vermont Housing Finance Agency (VHFA) agrees that it will: • Prepare and present a comprehensive regional housing needs analysis, including a full analysis of impediments to fair housing, by October 2011. • Provide assistance to municipalities if requested in reviewing revised bylaws or policies related to barriers to affordable or fair housing in 2012 and 2013. Champlain Valley Office of Economic Opportunity (CVOEO) and Vermont Legal Aid (VLA) agree that they will: • Provide assistance to VHFA in preparing and presenting information on impediments to fair housing choice—a component of the comprehensive regional housing needs analysis by October 2011, • Assist LandWorks with developing and implementing special engagement efforts to involve under-represented populations. Vermont Energy Investment Corporation (VEIC) agrees that it will: • Contribute to development of baseline and sustainability indicators by which success is measured by March 2012. • Assist with analysis of the indicator metrics and trends in order to measure progress in 2013 and 2014. • Provide analysis and review of long range scenarios with respect to energy impact. Smart Growth Vermont (SGVT) agrees that it will: "Th • Provide assistance to CRS in preparing and presenting indicators by January 2012. 5 Chittenden County Regional Sustainability Project Steering Committee Agreement 4/20/2011 • Document, summarize and report the products of this process in a manner that maximizes the usefulness to the public. 9. Transfer of Funds. Generally, any endeavor involving the transfer of funds will follow normal procurement or other appropriate processes and will be effected in writing by representatives of the organizations involved. Specific agreements between CCRPC and implementing organizations will specify procedures for the transfer of funds. 10. Termination of Agreement. Any member may, at any time, provide written notice to the CCRPC of their intent to leave the Steering Committee. This will result in the termination of any benefits accruing due to membership in the Consortium unless the parties agree to the contrary under mutually acceptable terms. 11. Signature. This document is to be signed by a representative of each Steering Committee member who has the authority to enter into this agreement on behalf of that member. EXECUTED as of , 2011. Signature Name, Title Steering Committee Member 7 CHITTENDEN COUNTY METROPOLITAN PLANNING . : ORGANIZATION I9 t t3 y Arf • lk CHITTENDEN COUNTY REGIONAL PLANNING COMMISSIONMP I6 CCMPC►. Chittenden County 110 West Canal Street, Suite 202,Winooski VT 05404-2109 Planning Commission (802)660-4071 /(802)660-4079 Fax 04 2109 www.ccmpo.org/info@ccmpo.org (802)846-4490 Fax: (802)846-4494 www.ccrpcvt.org/Ibonnette r cvt.org Member Jurisdictions r, " Bolton 77, April 29, 2011 rip- b �-; ', _I' LL, Buel's Gore MAY p Burlington Mr. Sanford Miller B Charlotte South Burlington City Manager Y Colchester 575 Dorset Street Essex Junction South Burlington, VT 05403 Essex Town Hinesburg Dear Sandy: Huntington Jericho Milton As you are aware, the Chittenden County Metropolitan Planning Organization and the Richmond Chittenden County Regional Planning Commission have been developing a plan for St.George merger of the two organizations. To date 14 of the 19 municipalities in the county have Shelburne endorsed the merger by resolution of their elected officials; we will be meeting with the South Burlington balance of the municipalities the week of May 2 and the Joint Boards of Directors will Underhill vote on the merger on May 18. In anticipation of the merger being approved we must Westford now move forward expeditiously in order to prepare for a new Board of Directors and Williston organizational leadership. nooski - rmont Agency of A Joint Nominating Committee has been appointed by the two organizational Chairs and Transportation this committee will need to commence their task of developing a Slate of Officers for consideration by the Joint Board at the June 15th Joint Annual Meeting. The Committee's work will begin on May 23, therefore we will need to know who your representatives will be no later than May 20. These measures will ensure continuity of operations for our new organization when we assemble to conduct business beginning July 1, 2011. With sensitivity to continuity of operations we ask that you consider your current representatives' activities within the two existing organizations, those current board members in leadership positions will be important transitional leaders for our new organization. According to the draft bylaws of the new organizations members are appointed as follows: ARTICLE IV. APPOINTMENT OF REPRESENTATIVES, TERM OF OFFICE B. Each member municipality's locally elected legislative body shall appoint a representative on the NewName and that representative's alternate, with the alternate having voting privileges in the absence of the representative. It is desirable that the representative be a current or past member of the locally elected legislative body. Representatives and alternates shall serve at the pleasure of their respective locally elected legislative bodies and may be removed during their term. The term of the representatives and alternates will be for two years beginning July 1st with the exception of fiscal year 2012 as follows in this section. Communities whose beginning letter falls between A through K shall appoint a representative for even numbered fiscal years; and, communities whose beginning letter falls from L through Z shall appoint a representative for odd numbered fiscal years. For fiscal year 2012 only (July 1, 2011 through J C CMP� O Chittenden County Regional Planning Commission MEMO TO: Chittenden County Regional Planning Commission and the Chittenden County Metropolitan Planning Organization 110 West Canal Street, Suite 202 Winooski, VT 05404 FROM: Town/Village/City of DATE: This memo will serve to inform you that our municipality has appointed the following persons to represent our community on the new merged board of the Chittenden County Regional Planning Commission and the Chittenden County Metropolitan Planning Organization from July 1, 2011 to June 30, 2012. Representative: Address Phone Fax E-Mail Alternate Representative: Address Phone Fax E-Mail Signature Title Date southburlingloit PLANNING & ZONING MEMORANDUM TO: South Burlington City Council & City Manager FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Second Reading and Public Hearing: Peddlers Ordinance amendment DATE: May 16, 2011 City Council meeting Last month the Council voted to hold a public hearing on a proposed amendment to the South Burlington Peddlers Ordinance. The amendment would allow a farmer's market to have a sign of up to 32 square feet posted, rather than the current maximum of 10 square feet. The draft amendment is attached in your packet. This proposed change was review and supported by the Planning Commission. Staff recommends that the Council adopt the amendment following the closure of the public hearing. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com AMENDMENTS to the SOUTH BURLINGTON PEDDLERS ORDINANCE SOUTH BURLINGTON CITY COUNCIL May 16, 2011 The South Burlington City Council hereby ordains: Key to the Amendments 1. Proposed new text is shown in Bold Underline 2. Proposed deletions are sown in strikethrough Section 3: Peddling Regulations F. Signs Peddlers shall be limited to the use of only one sign promoting his/her activities which sign cannot be in excess of ten square feet in su`rfi€ce display area nor stand more than four feet above the ground level. For the purpose of this ordinance banners, pennants, flags and other similar items shall be considered signs. Nor sign shall be deed to public or private property without obtaining prior-approval there ore from the ownerof said property. No sign shall be placed in such a manger a t obstruct or interfere with traffic. The use of signs with moving par or illuminateigrs that create the appearance of movement are prohibited. The of s 'ng lighting is prohibited without the prior written approval of the City Manager. °, In the case of a Faiiuers Market, the;sign shall not exceed 32 square feet in surface display area, shall not stand more than`eight feet, six inches (8', 6") above ground level, the sign may shall be erected no more than two (2) full days prior to the public operation ofthe Farmers Market and shall, ie removed at the close of the Farmers Market on each day it is in operate Adopted this dad bf 2011. Sandra Dooley, Chair City Clerk Meaghan Emery, Vice Chair Rosanne Greco, Secretary James Knapp, Councilor Paul Engels, Councilor South Burlington Peddlers Ordinance Page 1 o- 40 south ` PLANNING & ZONING MEMORANDUM TO: South Burlington City Council & City Manager FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Discussion of Interim Zoning DATE: May 16, 2011 At a recent meeting, the Council requested that the issue of Interim Zoning be placed on the on upcoming agenda. As a primer, enclosed is a letter prepared by city attorney Steve Stitzel dating from last August. Though the context of the letter was focused on the possibility of using interim zoning related to the city's Transfer of Development Rights regulations, the letter does outline how this tool functions and what"tests"need to be passed in order for the City to enter into interim zoning. When is it appropriate to use Interim Zoning? The letter from Steve Stitzel notes that the City"should also conclude that the potential adverse consequences for the city warrant `emergency' action rather than utilization of the customary process for amending bylaws." Historic Use of Interim Zoning in South Burlington Over the years, the City Council has regularly adopted aments to the city's land development regulations. Over the past decade, amendments have been adopted at least annually. The majority of these amendments have used the customary adoption procedures. The Council has, however, enacted interim zoning a half-dozen times in the past 40 years to proactively address land development issues in the community. The city has historically made use of interim zoning when the Council has concluded that such a tool is necessary to prevent potentially adverse development from occurring while the city studies the impacts of such development and, if appropriate, develop permanent amendments to the regulations without fear of applications being submitted to avoid potential new regulations. The most recent use of interim zoning in South Burlington was in 2005-06, when subdivisions and planned unit developments were not permitted under the interim bylaw. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com d STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O.BOX 1507 BURLINGTON,VERMONT 05402-1507 • - (802)660-2555(VOICF/IDD) STEVEN F.STITZEL FAX(802)660-2552 or 660-9119 OF COUNSEL PATTI R.PAGE W W W.FIRMSPF.COM DINA L.ATWOOD ROBERT E.FLETCHER E-MAIL(F1RM2555@FIRMSPF.CtM) JOSEPH S.McLEAN WRITER'S E-MAIL(SSTITZEL@FIRMSPF.COM) AMANDA S.E.LAFFERTY WRITER'S FAX(802)660-2552 JOHN H.KLESCH • WILLIAM E.FLENDER August 13, 2010 Mark Boucher, Chair South Burlington City Counsel 575 Dorset Street South Burlington, VT 05403 Re: Southeast Quadrant TDRs Dear Mark: At its meeting on May 3, 2010, the City Council was asked to impose a "moratorium" on the use of transfers of development '1 density (generally referred to herein as "TDRs") in the Southeast Quadrant Zoning District established by the City' s Land Development Regulations ("Permanent Regulations") . Based on this request, the Council has asked several questions regarding its authority to impose such a moratorium. Pursuant to 24 V.S .A. §4423 (a) , the City is authorized to include provisions allowing transfers of "development rights" ("TDRs") in bylaws adopted pursuant to 24 V.S .A. Chapter 117 . The Permanent Regulations are such a bylaw. In 2006, the Permanent Regulations were amended to include the provisions set forth on Exhibit A that allow the use of TDRs . Any bylaw adopted .under 24 V.S.A. Chapter 117, and any provision contained in a bylaw, remains effective until it is amended or repealed in accordance with 24 V.S.A. §§4441 & 4442, or declared invalid by a court having jurisdiction. The process for amending or repealing a bylaw is the same as the process for adopting a bylaw (planning commission public hearings followed by city council public hearings and adoption) . There is no authority under Chapter 117 for the City Council to amend or repeal a bylaw, or a provision of a bylaw, in any other manner. Consequently, the provisions of the Permanent Regulations set forth in Exhibit A will remain in effect until they are lawfully amended or repealed. Mark Boucher, Chair August 13, 2010 Page 3 that the potential adverse consequences for the City warrant "emergency" action rather than utilization of the customary process for amending bylaws . Upon making these determinations, the Council's stated concerns provide the necessary guidance for drafting appropriate interim regulations. Then, in connection with adoption of the regulations, and assuming the Council proceeds as it has in the past, it can ask the City' s Planning Department and/or the Planning Commission to develop a proposal to study its concerns and provide recommendations. If the Council adopts interim regulations that in some way limit the use of TDRs, any application submitted after their effective date' that involves TDR use will have to comply with the Permanent Regulations and the interim regulations.' This will preclude development prohibited by the interim regulations while they remain in effect (absent Council approval pursuant to 24 V.S.A. §4415 (d) ) . Also, if the TDR provisions in the Permanent Regulations are subsequently amended, any application submitted during the pendency of the interim regulations will not have "vested rights" under the prior TDR provisions. There is legal precedent that a land use regulation can so limit landowners' ability to use their property that the regulation results in an unconstitutional "taking" of private property. However, it is not clear that a court would conclude that an "interim" regulation, despite the restrictive effect of the limitations imposed, would result in a taking. As noted above, the recognized purpose of interim regulations is to restrict development to allow time for needed studies and/or adoption of permanent regulations in an "emergency" situation. Additionally, interim regulations have limited duration of two years with the possibility of one extension for one year. 2 There is sound legal basis to argue that the interim regulations would be applicable to any application submitted after the date of the public notice of the hearing at which the regulations are reviewed prior to adoption. 3 Applications not involving TDR use are reviewed under the Permanent Regulations, alone. EXHIBIT A 9.13 SEQ Review and Approval Process C. Transfer of Development rights and Non-Contiguous PUDs (1) The Development Review Board may approve a PUD application that involves non-contiguous parcels, regardless of sub-district, if the following conditions are met : (a) The applicant shall demonstrate that development rights have been secured and encumbered from lands lying within the SEQ-NRP or SEQ-NRT sub-districts, or adjacent lands on the same tax: parcel lying within any subdistrict, or from lands acquired by the City or State for the purpose of providing public parks in any sub-district, and EITHER that the sending parcel is sufficiently encumbered against further land subdivision and development through a purchase or other agreement acceptable to the City Attorney to ensure conformance with these Regulations; OR (b) All encumbered parcels not subject to a permanent conservation easement or restriction of similar binding effect shall be reviewed as components of the PUD and shall be subject to the provisions of this article. (2) If the conditions of 9. 13 (C) (1) above are met, the Development Review Board may then approve the assignment (transfer) of all or a portion of the residential development density calculated for a non-contiguous encumbered parcel to another parcel to satisfy the provisions of Section 9 .05 above. 9 . 05 Residential Density A. Maximum Assigned Density: The maximum assigned density of a parcel or portion of a parcel in any SEQ sub-distric shall be one point two (1 .2) dwelling units and/or lots per gross acre. (1) SEQ- VC: Lots in the SEQ- VC district that were in existence as of the effective date of this Article and that are two acres or less in size shall be allowed an assigned residential density of 4 d.u. to the acre as of right . This density may be increased to no more than 8 d. u. to the acre through the transfer of development rights . Development in SEQ-VC shall be according to Section 9. 10 . B. Average Development Density: The number of dwelling units that may be located on, or the number of single family house lots that may be created, within a contiguous development parcel subject to a single PUD or Master Plan approval shall not exceed all average density and a maximum number of units per structure of the 1 Adoption of Interim Zoning Bylaws 24 V.S.A. §4415 (a) If a municipality is conducting or has taken action to conduct studies, or has held or is holding a hearing for the purpose of considering a bylaw, a comprehensive plan, or an amendment, extension, or addition to a bylaw or plan, the legislative body may adopt interim bylaws regulating land development in all or a part of the municipality in order to protect the public health, safety, and general welfare and provide for orderly physical and economic growth. These interim bylaws shall be adopted, reenacted, extended, or amended by the legislative body of the municipality after public hearing upon public notice as an emergency measure. . . (b) An interim bylaw adopted, extended, or reenacted under this section may contain any provision authorized under this chapter. Critical elements for valid bylaw where permanent bylaw or comprehensive plan amendments are not actively under review: 1 . Identify a potential or actual land use related issue that has been, is being or needs to be studied. 2 . Define the geographic area of the City where the issue potentially or actually exists. 3. Determine whether the "status quo" must be maintained until permanent regulations can be adopted. 4 . Determine what restriction is necessary to maintain the status quo on an interim basis . See attached Interim Bylaw previously adopted by the South Burlington City Council. boundary and east of Spear Street. III. LIMITATIONS ON LAND DEVELOPMENT: Within the area affected by these Interim Zoning By-laws the following restrictions shall apply: A. The minimum lot size shall be ten (10) acres. B. No new structures shall be allowed. C. No existing structure may be expanded. IV. DEFINITIONS: A. Structure: An assembly of materials for occupancy or use, including but not limited to a building, mobile home or trailer, billboard, sign, wall or fence, antenna, utility pole (including towers and lines) . V. EFFECT ON EXISTING REGULATIONS: These Interim Zoning By-laws shall not repeal or alter any existing ordinances, regulations or by-laws of the City of South Burlington. These by-laws establish restrictions that are in addition to those contained in any other City ordinance, by-law or regulation. VI. ENACTMENT PROVISIONS: These Interim Zoning By-laws are enacted pursuant to the provisions of 24 V.S.A. Section 4410 and shall be effective upon passage. Enacted by the South Burlington C.'t Council this %7 day of April, 1989. /11 , /�7� lJ Y City of South Burlington, Vermont Friday, May 13, 2011 Highway Equipment Notes 2010-International Dump Truck 2007-International 4300LP Dump Truck Bid Sheet Merchants Bank' People's United Bank2 2010 - Dump Truck 3.10% 3.00% 3-year Note ($58,800) 2007 - Low Profile Dump Truck 4.29% 2.20% 1-year Note ($9,026) Terms & Conditions • No prepayment penalty; • No prepayment • Total borrowing for penalty. 2011 not to exceed $10 million; • Compliance with IRS Code; • Public bid; • Federal information returns have been filed; • The Bank will prepare the loan documents for execution by City Officers at a public meeting; • Must submit the past three years of financial statements; • Legal opinion from bond counsel at the expense of the Bank. Bid shall expire by 5:00 p.m. on Tuesday, May 17,2011. 2 Bid shall expire upon renewal (per David Olsen, Senior Vice President,People's United Bank). Peop/e&United 1E I7 12 Bank ��Y v 2011 May 11, 2011 By Mr. Sanford Miller City Manager City of South Burlington 575 Dorset Street South Burlington,VT 05403 Dear Sandy: Based on the City's request for quotes dated April 26,2011,People's United Bank is pleased to offer the City the following financing proposals: THREE YEAR NOTE Amount: $58,800 Purpose: Refund existing debt originally issued to purchase a Dump Truck Repayment Schedule: 1/3 principal payment due annually($19,600). Interest on the outstanding balance shall be paid annually in conjunction with the principal payments. Issue Date: On or before June 1, 2011 Interest Rate: 3.00%fixed for the entire 3 years Interest Cost: $1,740.00 due one year from the issue date $1,176.00 due two years from the issue date $ 588.00 due three years from the issue date Prepayment Ability: Prepayment of this note is allowed in whole, or in part,prior to maturity. ONE YEAR NOTE Amount: $9,206.00 Purpose: Refund existing debt originally issued to purchase a Dump Truck Repayment Schedule: Loan is due in full one year from the issue date Issue Date: On or before June 1, 2011 Interest Rate: 2.20% Interest Cost: $211.74 Prepayment Ability: Prepayment of this note is allowed in whole, or in part,prior to maturity. • Two Burlington Square,Burlington,Vermont 05401 peoples.com SPECIAL CITY COUNCIL 25 APRIL 2011 DRAFT The South Burlington City Council held a special meeting on Monday, 25 April 2011, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. Councilors Present: S Dooley, Chair; M. Emery, J. Knapp, P. Engels, R Greco Also Present: S Miller, City Manager; R. Rusten, Assistant City Manager; D. Kinville, City Clerk; P. Conner, Director of Planning &Zoning; K. Murphy, City Manager's Staff; J. Rabidoux, Public Works Director; P. Taylor, P. Benner, P. Nowak, B. Cimonetti, Board of Civil Authority; G. Yandow, Bookkeeper; R. Smith, Auditor; A. Clift, S. Dopp, D. Konahue, S Deacon, T. McCabe, B. Babcock, J. Kochman, D. Fleming, G. Malavenda, E. Ciemniewski, J. Kearns, S. Deacon, E. Spooner 1. Agenda Review: Mr. Knapp moved to add a review of the City Manager's contract to Item#7. Ms. Emery seconded. Motion passed unanimously. 2. Comments & Questions from the Audience, not related to agenda items: Mr. Donahue spoke to the need of a registration fee for bicycles, at least on main thoroughfares. He felt bikes should be insured and riders required to wear a helmet. Mr. Miller said he wasn't sure licensing bikes was within municipal power. He said he would look into it. 3. Announcements & City Manager's Report: Ms. Dooley: Attended the MPO meeting on Wednesday which included approval for public hearing of the unified work plan. Mr. Miller: The City is still dealing with the.EPA regarding a waiver request to allow the city to keep the 2 turbo blowers. A meeting was held with the Conservation Law Foundation. They are satisfied that the emission of phosphorus is below recommended levels. 4. Presentation of FY10 Audit: Mr. Smith noted that it is not a statutory requirement in Vermont for a municipality to have an independent audit, but South Burlington is required by City Charter to have one, and federal law requires an audit if the municipality spends more than $500,000 of federal money. Mr. Smith stressed that there has been no abuse of federal money by the City of South Burlington. Mr. Smith then reviewed the balance sheet with comparisons to 2009. In 2009, there were $6.4MM in assets, and in 2010 there were $9.3MM. However, because of the combining of SPECIAL CITY COUNCIL 25 APRIL 2011 PAGE 3 profitable funds and clearly pays for itself. It is a very positive point for the city. Mr. Smith cited the fiscal agreement between the city and Champlain Water District to provide services and run the city's Water Department. There is an account with$1,100,000. This should be $3.2MM, but it is all in fixed assets, and there is not a lot of operating capital. The city spent $100,000 more than it took in, but most of that was in depreciation. Without depreciation, there would be a positive number between$100,000 and$200,000. The Waste Water system shows $6,100,000 in assets which includes mostly infrastructure. This account owes the general fund$765,000 as general fund money has been used to pay waste water bills. Mr. Smith said fees are not enough to cover the Waste Water operations. Mr. Rusten noted that the city has increased fees effective with the April billing. Mr. Smith said that should start the deficit going down. The Ambulance Service showed$327,000 in unbilled receivables (uncollectable) in 2009. Most of that money won't be collectable. There is an operational deficit of approximately$500,000. Mr. Smith noted that this department has now been rolled into the general fund, which is where it belongs. He anticipated that the deficit will go up to $600,000 by 30 June 2011. Ms. Yandow advised that the former auditor had said to set it up as an enterprise fund. Mr. Donahue asked what the city does to collect some of this money. Mr. Rusten said there is a system where they are trying to be more assertive. Ms. Nowak noted that a lot of this has to be billed through medical agencies. Mr. Miller said the city will be looking at what is feasible to collect. With regard to Stormwater, Mr. Smith said there is not a lot of concern here as the obligations are minor. Mr. Smith again stressed that all of the problems he has detailed are fixable as long as the city pays attention to detail. It will take time,but he is confident that in 3 years this will be a "positive conversation." It is important to stop the bleeding, and he said he was confident the city has done that in the past few months. Ms. Dooley thanked Mr. Miller and Mr. Rusten and those who helped the auditors do this work. She asked Mr. Smith to comment on the "unqualified opinion" and the list of deficits. Mr. Smith said the numbers are what they are. There have been no "doctored"numbers. There are concerns about how the city does business, and those concerns are noted in the management letter. He did note that this is one of the worst reports from a government entity he has seen in 25 years of doing this work. Mr. Engels asked Mr. Smith to review the management letter. Mr. Smith outlined the concerns enumerated there including: communication as far as understanding numbers, misunderstanding of practices by the previous management, misapplication of practice by the previous SPECIAL CITY COUNCIL 25 APRIL 2011 PAGE 5 seconded. Motion passed unanimously. Mr. Miller presented applications for Liquor and Tobacco licenses from Pizza Putt, Pulcinella's and Champlain Farms (801 Williston Rd.). Mr. Knapp said he would have to abstain from voting on the Champlain Farms application. Ms. Emery moved to approve the Liquor and Tobacco License applications of Pizza Putt and Pulcinella's as presented. Ms. Greco seconded. Motion passed unanimously. Ms. Emery moved to approve the Liquor and Tobacco License Application for Champlain Farms (801 Williston Rd.). Ms. Greco seconded. Motion passed 4-0 with Mr. Knapp abstaining. 7. Other Business: Ms. Dooley noted that in February the City Council engaged in an evaluation of the City Manager. There is a high level of satisfaction and an acknowledgment that the job has become much different from what the city had offered. Because of this, the Council decided to look at modifying the City Manager's contract. The Contract included but not limited to: 1. A $2500.00 increase as of 1 July 2011. 2. No comp time. The City Manager can take a day off from time to time with notification to the Council Chair and Vice Chair. 3. Increase in vacation time from 4 to 5 weeks and 2 days. 4. A correction of the contract with regard to duration of term to comply with the City Charter. It was noted that there is a proposed limit of 75 days of accumulated sick leave. This is being discussed with bargaining units. Ms. Dooley personally thanked Mr. Miller for helping the city find its way through all of this. Mr. Engels moved to approve the City Manager's contract as presented. Ms. Greco seconded. Motion passed unanimously. CITY COUNCIL 2 MAY 2011 DRAFT The South Burlington City Council held a regular meeting on Monday, 2 May 2011, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Councilors Present: M. Emery, Acting Chair; J. Knapp, P. Engels, R. Greco Also Present: S. Miller, City Manager; R. Rusten, Assistant City Manager; Chief T. Whipple and other members of the Police Department; Chief D. Brent and other members of the Fire Department; J Rabidoux, Director of Public Works; K. Murphy, City Manager's Staff; K. Dattilio, T. Fraga, G. Yandow, B. Stuono; families and friends of honorees 1. Executive Session: Mr. Knapp moved the Council meet in executive session to discuss personnel, contract negotiations, and litigation. Mr. Engels seconded. Motion passed unanimously. Regular Session: 1. Agenda Review: Agenda item #8 was deleted as this has to be done by Ordinance. Added to the agenda were an agreement with Gloria Yandow and the appointment of Mr. Rusten to the Board of Trustees of the Dorset Park Skating Association.. The three "honoring"resolutions were moved to the top of the agenda. 2. Resolution to honor Ken Dattilio for 34 years of service and dedication to the South Burlington Fire Department: Ms. Emery read the Resolution. Mr. Dattilio spoke of what it has meant to him to service his community in his chosen profession. He thanked the City Council and past Councils for their support of him, the Fire Department, and the community. He stressed that the Department can't provide its services with that support. He also stressed that the goal of both the Fire Department and the City Council is to serve the public. 3. Resolution to honor Tom Fraga for 35 years of service and dedication to the South Burlington Police Department: Ms. Emery read the.Resolution. Mr. Fraga said that people in public service are there because they want to be a part of their CITY COUNCIL 2 MAY 2011 PAGE 3 escrow accounts and the disbursement of them; the city is moving ahead with pension issues; the city will have paid off all of the debts that were not properly approved. Mr. Rusten said they will be working on other items this week, including the initiation of a purchasing system and policy. Mr. Miller added that they are looking at models from other communities. Ms. Emery noted that the Council can authorize one member to sign warrants, if necessary, and other members could then sign later. Mr. Miller said that 3 signatures are still required to sign checks. The objective is to send them to City Council members in advance. There can be a designated member to come in on a Friday or Saturday and ask questions, etc. 7. Consider Approval of a Resolution Amending the City's State of Vermont Clean Water State Revolving fund Construction Loan for the Airport Parkway Project Pursuant to 24 VSA, Section 4754 and the State of Vermont application to an existing Construction Loan: Mr. Miller noted that this is the additional money needed to fund the gap in funding for the upgrade of the sewage treatment plant. There is a verbal OK to go ahead with this. Funds will be dispersed in September. This is the best financing mechanism with an interest rate of 2% and no payment due for 2 years. Mr. Rabidoux said there is a possibility of seeing some assistance to the rate payers. Mr. Knapp moved to adopt the Resolution amending the city's State of Vermont Clean Water State Revolving Fund Construction Loan for the Airport Parkway project, pursuant to 24 VSA, Section 4754 and the State of Vermont application to an existing construction loan from $19,800,000.00 to $23,300,000.00 as presented. Mr. Engels seconded. Motion passed unanimously. 9. Consider endorsing an application for the Community Drug Investigation Grant Program. Chief Whipple explained that the amount the city could be awarded is unknown. They will be asking for$10,000 to help write off some overtime for drug investigations. There is no local match. It will take only a small piece of his time.to manage the grant. Mr. Engels moved to approve the application for the Community Drug Investigation Grant Program as presented. Ms. Greco seconded. Motion passed unanimously. 10. Update on Fire Department Ambulance - consider designating a new ambulance supplier: CITY COUNCIL 2 MAY 2011 PAGE 5 input. Mr. Knapp moved to refer the proposed Charter change to the City Charter Review Committee. Mr. Engels seconded. Motion passed unanimously. 14. Minutes of 4 April and 19 April 2011: Mr. Engels moved to approve the Minutes of 4 and 19 April 2011 as written with one noted spelling change. Ms. Greco seconded. Motion passed unanimously. 15. Sign Disbursement Orders: Disbursement Orders were signed. 16. Liquor Control Board: Mr. Knapp moved that the Council adjourn and reconvene as Liquor Control Board. Ms. Greco seconded. Motion passed unanimously. Mr. Miller presented a liquor and tobacco license application for Orchid Restaurant which is pending completion of the DLC seminar, and a tobacco license application from Kaigles Citgo. Mr. Knapp moved to approve the Tobacco and Liquor License application of Orchid Restaurant pending completion of the DLC seminar, and the Tobacco License application of Kaigles Citgo as presented. Mr. Engels seconded. Motion passed unanimously. Ms. Greco moved to adjourn as Liquor Control Board and reconvene as City Council. Mr. Knapp seconded. Motion passed unanimously. 17. Other Business: A. Agreement with Gloria Yandow: Mr. Miller advised that in the 1980's it was noted that Ms. Yandow had accumulated over 4000 hours of comp time. There was an agreement reached that when she retired, if she still had over 2080 hours, she would be paid for them. She also had over 1600 hours of vacation time. There was an oral agreement to pay this upon her retirement. Mr. Miller noted the total for these agreements comes to over$90,000. An agreement has been worked out to pay this to Ms. Yandow over a 5 year period, beginning in 2012, with no interest t7 U<,�BURUNCTCN ., LR 41 � .e City of South Burlington �1•�� ,`i�1� �lll� 575 DORSET STREET TM IS�44 2.' SOUTH BURLINGTON, VERMONT 05403-6260 ���'o`SNfpA T owN M0a,,,,'•' eIRST, SECOND CLASS AND CABARET LICENSE APPLICATION FULL NAME OF PERSON, PARTNERSHIP, CORPORATION rnD Ornear7 DOING BUSINESS AS/TRADENAME a � ADDRESS MI .a IRST CLASS SECOND CLASS CABARET DATE RECEIVED BY CLERK'S OFFICE D South Burlington Police Department Chief Trevor S. Whipple Date Burlington Fire Department e )._ Chief Douglas S. Brent Date South Burlington Tax Department -21//C-t .. ,0-)4,- ) 5160( Martha Lyons, Deputy Tax Collector Date Date Sent to Montpelier: 4' <s 2011 LIQUOR LICENSE RENEWAL APPLICATION 4436-001-1RST-01 FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 2 `S/We hereby certify that the information in this applica 'on ' true complete. Dated at V \ G..o K.Q ca , in the county of C/'�'�' t j �" and State of !V e--✓,A-A..p 14 this day of 901( Signature of authorized agent rayon y, ub or assoc' ion Signature of in 'victual or partners (Title) Are you making this application for the benefit of any other party? Yes no Upon being satisfied that the conditions precedent to the granting of this license as provided in Title 7 of the Vermont Statutes Annotated, as amended, have been fully met by the applicant, the commissioners will endorse their rec..unendation on the back of the applications and transmit both copies to the Liquor Control Board for suitable action thereon, before any license may be granted. For the information of the Liquor Control Control Board, all applications shall carry the signature of each individual commissioner registering either approval or disapproval. Lease or title must be recorded in town or city before issuance of license. APPROVED DISAPPROVED Approved by Board of Control Commissioners of th(City f 1 Membership 5 members present a '- .W ��w' C � `!', Clerk TOWN OR CITY CLERK SHALL MAIL APPROVED RENEWAL DIRECTLY TO: DEPARTMENT OF LIQUOR CONTROL 13 GREEN MOUNTAIN DRIVE MONTPELIER, VT 05602 If application is disapproved, local control commissioners shall notify the applicant by letter. No formal action taken by any agency or authority of any town board of selectmen or city board of aldermen on a first or second class license application shall be considered binding except as taken or made at an open public meeting. VSA T-1,Sec.312 „0O 10„tN RURIIXCro„,fq*o 4-, City of South Burlington 49/40tir..11 575 DORSET STREET tAI�___I� SOUTH BURLINGTON, VERMONT 05403-6260 ��fsti'Fp^ lU a MRRCyheb'�( IRST, SECOND CLASS AND CABA RET ARET LICENSE APPLICATION FULL NAME OF PERSON, PARTNERSHIP, CORPORATION G vola., G o-)-P Govr:g&} /r . DOING BUSINESS AS/TRADENAME 2 rr Mil GIL2 ADDRESS /0 FIRST CLASS SECOND CLASS CABARET DATE RECEIVED BY CLERK'S OFFIC _� � South Burlington Police Department Chief Trevor S. Whipple Date So th urlington Fire Depart ent _1&, 5-7//// Chief Douglas S. Brent Date South Burlington Tax Department -Z/1/76LJat rt. 1/4-41-14,.‹) 31At( Martha Lyons, Deputy Tax Collector Date Date Sent to Montpelier: • • 2011 LIQUOR LICENSE RENEWAL APPLICATION 1749-001-1RST-01 FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 2 /211C4 I/We hereby certify, under the pains and penalties of perjury, that I/We are in good standing with respect to or in full pliance with a plan approved by the Conmissioner of Taxes to pay any and all taxes due the State of Vermont as of the date of this application. (VSA, Title 32, Section 3113) I/We hereby certify that I/We are not under an obligation to pay child support or that I/We are in good standing with respect to child support or are in full compliance with a plan to pay any and all child support payable under a support order. (VSA, Title 15, Section 795) In accordance with 21 VSA, Section 1378(b), I/We certify, under pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan to pay any and all contributions or payments in lieu of contributions due to the Department of Employment and Training. I/We have registered the trade name of these premises with the Secretary of State. I/We hereby certifyj'� that the information in this application is true and complete. (�j Dated at c�� Ui 'L , in the county of C./�'^M i ' State of this Z 5"day of i-b e of authorized agent Signature of individual or partners corporation, ccmpan )club or association ) ;V (� (Title) Are you making this application for the benefit of any other party? Yes r/No Upon being satisfied that the conditions precedent to the granting of this license as provided in Title 7 of the Vermont Statutes Annotated, as amended, have been fully met by the applicant, the commissioners will endorse their recommendation on the back of the applications and transmit both copies to the Liquor Control Board for suitable action thereon, before any license may be granted. For the information of the Liquor Control Control Board, all applications shall carry the signature of each individual commissioner registering either approval or disapproval. Lease or title must be recorded in town or city before issuance of license. ,"‘N APPROVED DISAPPROVED Approved by Board of Control Cammissioners of . e City o , ,v 1 Total Membership ,5 members present At , ) .‘1L4144* Town Clerk TOWN OR CITY CLERK SHALL MAIL APPROVED RENEWAL DIRECTLY TO: DEPARTMENT OF LIQUOR CONTROL 13 GREEN MOUNTAIN DRIVE MONTPELIER, VT 05602 If application is disapproved, local control carmissioners shall notify the applicant by letter. No formal action taken by any agency or authority of any town board of selectmen or city board of aldermen on a first or second class license application shall be considered binding except as taken or made at an open public meeting. VSA T-1,Sec.312 1