HomeMy WebLinkAboutAgenda - City Council - 05/02/2011 . ..
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AGENDA
SOUTH BURLINGTON CITY COUNCIL
City Hall Conference Room
575 Dorset Street
SOUTH BURLINGTON, VERMONT
Executive Session 6:30pm Monday, May 2, 2011
1) Consider entering executive session to discuss personnel, contract negotiations and
litigation.
Regular Session 7:00 P.M. Monday , May 2, 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) ***Resolution to honor Gloria Yandow for 38 years of service and dedication as Bookkeeper for the
City, Bob Rusten, Assistant City Manager.
5) Resolution to honor Tom Fraga for 35 years of service and dedication to the South Burlington Police
Department, Chief Whipple.
6) ***Resolution to honor Ken Dattilio for 34 years of service and dedication to the South Burlington Fire
Department, Chief Brent.
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 V.S.A . § 4754 and
the State of Vermont application to an existing Construction Loan, Justin Rabidoux, Public Works
Director.
8) ***Consider approving revised and new dog licensing fees, Donna Kinville, Clerk-Treasurer.
9) ***Consider endorsing an application for the Community Drug Investigation Grant Program, Trevor
Whipple, Chief of Police.
To: Gloria Yandow
From: Sanford Miller, City Manager
Date: April 20, 2011
Subject: Memorandum of Agreement for Accrued Vacation, Sick Time and Comp Days
As per the conversation that you had with Assistant City Manager Bob Rusten on 4/12/11,this memo is to detail
how you and the city administration agree to compensate you for your accumulated vacation, comp hours and sick time
upon your retirement from the City as of April 29, 2011. The terms in this memo must be approved by both the South
Burlington City Council and City Hall and Public Works Employee Association for it to take effect.
The City has a memo dated October 12, 1993 that was signed by you and by Margaret Strait stating the City
would pay you for up to 2080 comp hours if you still had that amount of hours accrued at the time of your retirement.
The City has a copy of a memo dated May 5, 1999 to you from"Ellen in payroll"unsigned,that states,
"Maximum vacation hours allowed to carry over each July 1: 1640. Though the memo is unsigned, City payroll records
have for many years reflected this vacation carry-over.
I feel it important to state that this accumulated comp time and vacation time far exceeds the boundaries of the
union contract in effect at the time of the accumulation. And, the commitment by the City at that time to pay for this
accumulated time upon your retirement now puts a financial strain on the City. However,the City appreciates your
willingness to negotiate the terms of this payout which are as follows:
The City will pay to you, or your heirs or assigns, in five yearly installments an equal amount of money for
accumulated vacation(1640 hours) and comp time(2080 hours)at the hourly wage you are receiving as of this
date($23.01 p/h). Payment will be made in January 2012, 2013,2014,2015 and 2016 The City will pay no
interest over the five years. Each year's payment will be$17,119.44.
In Fiscal Year 2011 by the date of your retirement you will have accumulated 132.62 hours of vacation time. The
City will pay you$3,051.59 for these FY 2011 vacation hours. Please discuss with Janice the payment process.
Your total accumulated sick time will be compensated utilizing any of the options designated in your contract.
You must notify Janice Ladd prior to retirement as to which option you choose.
This memorandum sets forth the entire agreement between you and the City for payment to you for accumulated
vacation, comp hours and sick time. By signing this memorandum you waive any claims you may have had or now have
against the City for additional compensation for accumulated vacation, comp hours and sick time.
Further, you, on your own behalf, and on behalf of your heirs, executors, successors and assigns,represent and
warrant that you have been advised of and understand the following:
(a)You have been advised to consult with an attorney before signing this Memorandum.
(b)Your signing of this Memorandum and return of it to the City constitutes your ACCEPTANCE of
this Memorandum, and of the terms thereof.
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southburii gton
VERMONT
AGENDA
SOUTH BURLINGTON CITY COUNCIL
City Hall Conference Room
575 Dorset Street
SOUTH BURLINGTON, VERMONT
Executive Session 6:30pm Monday, May 2, 2011
1) Consider entering executive session to discuss personnel, contract negotiations and
litigation.
a. Discuss Gloria Yandow agreement. This will need to be acted upon in open session
•
assuming CC is agreeable to this arrangement. It is what we have discussed
previously, with minor changes, and has already been signed off on by the union as
well as Gloria.
b. Health Trust "waiver" related to retiree health insurance and thoughts about how to
work toward modifications to the unlimited sick leave accruals.
c. Todd LeBlanc issues regarding flexible work schedule.
d. Review of various loans to staff(more details on the loans to Doug Brent and Jul'
Beth Hinds), and other issues —there may be an article in the Free Press this
weekend and we may need to have a follow-up discussion in Executive Session,
open session or both.
Regular Session 7:00 P.M. Monday , May 2, 2011
1) Agenda Review: Additions, deletions or changes in order of agenda items.
a. Assuming the Gloria Yandow agreement is okay, we'll add this to the agenda.
2) Comments and questions from the public (not related to the agenda). Self-explanatory.
3) Announcements and City Manager's Report.
a. KTurbo Update: One waiver, for the two uninstalled blowers, has been approved, but
we have not yet received it in writing. The second waiver is in process and we hope to
receive word about this soon.
b. Financial Responsibility Committee: I chaired the VLCT Financial Responsbility
Committee meeting Friday morning. This is a new committee the League board
authorized and I appointed to discuss ways to improve financial management,
transparency, internal control and related issues.
c. Update on the RHR Smith Management Letter: I'll ask Bob to give a briefing on the
working we are doing to address some of the items in the management letter.
13)***Consider request for Charter change, Sandy Miller, City Manager & Bob Rusten,
Assistant City Manager. Two weeks ago Jay Zaetz proposed a Charter change to require
the municipal and school budgets be voted upon until passage. This would have the effect
of eliminating the CPI and net operating costs of the current Charter language. I think this
proposal has merit—why should SB have a different set of rules from almost every other
municipality in the state. Further the net operating cost model is not simple to calculate and
if it is ever used would likely be litigated. I recommend the following: Refer this item to the
Charter Review Committee for their study and consideration; and, refer this request to the
School Board so they can provide input to the Charter Review Committee. (and ask that the
School Board copy CC on any communication from them on this topic).
14)***Review and approve minutes from regular meeting held April 4 & 19, 2011. Self-
explanatory.
15)Sign disbursement orders. Self-explanatory.
16)***.Reconvene as Liquor Control Board to consider Liquor and Tobacco Licenses for: All
have been vetted by City staff and approval is recommended.
• Orchid Restaurant
• Kaigles Citgo Inc.
17)Other Business. If agreed, Gloria Yandow separation agreement here.
18) Consider entering executive session to discuss personnel, contract negotiations and
litigation. If needed.
19)Adjourn.
Respectfully Submitted:
Sanford I. Miller, City Manager
***Attachments Included
A RESOLUTION OF THE
CITY OF SOUTH BURLINGTON,VERMONT
HONORING GLORIA YANDOW
FOR 38 YEARS OF DEDICATED SERVICE
WHEREAS, on November 19, 1973 the City of South Burlington hired Gloria Yandow as the City's
Bookkeeper; and
WHEREAS, for the past 38 years Gloria has been responsible for the City's general ledger, preparing
bank reconciliations,providing assistance for the annual audit, maintaining financial records, as well as
engendering long term relationships with City vendors and service providers, and
WHEREAS,throughout her years Gloria has cultivated a level of institutional knowledge which can
only be matched by the "archives" she keeps, and
WHEREAS, Gloria served, with distinction, on the Board of Directors for the Government Finance
Officers Association(GFOA); and
WHEREAS, Gloria's work ethic is characterized by dedication, knowledge, and conscientiousness; and
WHEREAS, Gloria is known to her co-workers to have a great memory (knowing account numbers, to
birthdays, to co-worker's years of service), and most importantly for her courteous down to earth manner; and
WHEREAS, Gloria did all of this while maintaining her sanity and good humor; and
WHEREAS, Gloria was instrumental in the recent successful transition of City Management; and
WHEREAS, on April 29, 2011 Gloria Yandow officially retired from the City of South Burlington
joining the ranks of those who have retired before her as not just another employee but as a friend and presence
which will be known for many years to come.
NOW THEREFORE BE IT RESOLVED,that we the undersigned members of the South Burlington
City Council,on behalf of all officials, employees, and citizens of the City of South Burlington do hereby
express to Gloria Yandow our most profound appreciation for her generous contributions of time, knowledge,
and experience that she has given to the City of South Burlington and wish her, the very best retirement.
BE IT FURTHER RESOLVED, that a copy of this Resolution be placed in the permanent records of
the City of South Burlington, and a copy be presented to Gloria Yandow on May 2nd 2011 at the meeting of the
South Burlington City Council in the presence of her family, friends, and co-workers.
BY ORDER TO THE CITY COUNCIL ON THIS 2ND DAY OF MAY 2011
City Councilors
Sandra Dooley, Chairperson Meaghan Emery, Vice Chair
James Knapp Rosanne Greco, Clerk
Paul Engels
Donna Kinville, City Clerk
Resolution 2011 —
Relating to Kenneth A. Dattilio
Captain South Burlington Fire Department
WHEREAS, on July 1, 1970 the Town of South Burlington,Vermont formed the South
Burlington Fire Department for the safety and protection of its citizens; and
WHEREAS, on October 1, 1976 the South Burlington Fire Department appointed Kenneth A.
Dattilio as a volunteer member; and
WHEREAS, on November 6, 1989 Kenneth A. Dattilio transferred from the South Burlington
Public Works Department to become a fulltime career firefighter and apparatus operator, and on July 1,
1994 was promoted to Captain/Shift Officer; and
WHEREAS, throughout his entire career Kenneth A. Dattilio continued to hone his firefighting
and EMS skills with special focus on youth and the Juvinile Fire Setters program; and
WHEREAS, Kenneth A. Dattilio since becoming a member of the South Burlington Fire
Department has served the citizens of South Burlington admirably, with honor, dedication, and without
regard for his own wellbeing; and
WHEREAS, on April 16, 2011 Captain Kenneth A. Dattilio completed his tour of duty with the
South Burlington Fire Department after serving 34 years, 6 months,and 16 days.
NOW THEREFORE LET IT BE RESOLVED that we the undersigned members of the South
Burlington City Council, on behalf of all officials, employees, and citizens of the City of South
Burlington, do hereby express to Kenneth A. Dattilio our most profound appreciation for his generous
contributions of time, knowledge and experience that he has steadfastly given to the City of South
Burlington and wish he and his wife Sue,the very best in their retirement.
LET IT BE FURTHER RESOLVED,that a copy of this Resolution be placed in the permanent
records of the City of South Burlington, and a copy be presented to Kenneth A. Dattilio on May 2, 2011
at the meeting of the South Burlington City Council in the presence of his family, friends and co-workers.
BY ORDER OF THE CITY COUNCIL THIS 2nd DAY OF MAY 2011
City Councilors
Sandra Dooley, Chairperson Meaghan Emery, Vice Chair
James Knapp Rosanne Greco, Clerk
Paul Engels
Donna Kinville, City Clerk
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south ur in ton
PUBLIC WORKS
MEMO
To: South Burlington City Council
From: Justin Rabidoux •
Date: April 25,2011
Re: APWWTF- SRF Loan Application amendment for additional $2.5M
The City has undertaken a$25.8M upgrade to the Airport Parkway Wastewater Treatment
Facility. A review of the project's original 2007 budget showed the reliance on $2.5M in cash and
Sewer Division capital reserves to help fund the project.Neither source of money exists today. To
bridge the funding gap,the City has received approval from the State to apply to the State
Revolving Fund and amend the original construction loan from$19.8M to$22.3M, or the$2.5M
funding gap.
In support of that request,please find attached the following:
1. A loan application amendment for the additional $2.5M for the Airport.Parkway project.
Before sending to the State the following is needed:
a. City Council members sign and date where indicated at the top of page 2.
b. City Clerk sign and date where indicated in the middle of page 2 as the
"Signature of Officer".
c. I have signed and dated where indicated at the bottom of page 5 as the project's
Authorized Representative.
2. A resolution authorizing the City to amend its construction loan.
Thank you for your consideration and please let me know if you have 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
1
RESOLUTION
A RESOLUTION AMENDING THE CITY'S STATE OF VERMONT CLEAN
WATER STATE REVOLVING FUND CONSTRUCTION LOAN FOR THE
AIRPORT PARKWAY PROJECT PURSUANT TO 24 V.S.A §4754
WHEREAS, the City of South Burlington has a$19,800,000 loan from the State Revolving Loan
Fund to design,permit and construct the upgrades to the Airport Parkway Wastewater Treatment
Facility; and,
WHEREAS, a shortfall in previously budgeted funds requires that the City obtain an additional
$2,500,000 to complete the project; and,
WHEREAS, the City seeks to increase its State Revolving Loan from $19,800,000 to
$22,300,000; and,
WHEREAS, 24 V.S.A. § 4754 allows for a municipality to apply for a loan, the proceeds of
which shall be used to design,plan, construct, enlarge, repair or improve a publicly-owned,
sewage treatment plant.
NOW, THEREFORE, BE IT RESOLVED the South Burlington City Council approves of an
application to increase its existing State Construction Loan by$2,500,000 from $19,800,000 to
$22,300,000 to construct the Airport Parkway Wastewater Treatment Facility Upgrade Project.
APPROVED this day of May, 2011.
SOUTH BURLINGTON CITY COUNCIL
Sandy Dooley, Chair Meaghan Emery, Vice Chair
Rosanne Greco, Clerk James Knapp
Paul Engels
STATE OF VERMONT
Agency of Natural Resources
Department of Environmental Conservation
Application for an Amendment to an existing Construction Loan(Step 3)of a Pollution Control Project
24 V.S.A. Chapter 120—Updated 11-24-2010
Section I.
The municipality below in accord with 24 V.S.A. §4754,hereby makes application to the Vermont
Department of Environmental Conservation and the Vermont Municipal Bond Bank for additional financial
assistance pursuant to the provisions of 24 V.S.A. Chapter 120.
Municipality Name: City of South Burlington
Purpose of Amendment: To increase loan amount by$2,500,000 from $19,800,000 to
$22,300,000 to construct Airport Parkway Wastewater Treatment Facility Upgrade
Existin
g Loan Number:RF1/ARI-084/067 Population.Served:
Loan Information
Current Loan Amount $ 19,8004000
Amount of this Request$ 2,500,000
Total Loan Requests $ 22,300,000
Borrowing Authorization
Total Borrowing Authorized from Bond Votes, Special Meeting Votes,etc $22,300,000
Identify any non-SRF borrowing against authorization(Rural Development,Bond Bank,etc)
$ 0
Additional Borrowing: Lender
IXNo other borrowing has been made against the authorization to borrow
Municipal Fiscal Year-Complete if not previously submitted or if information has changed.
❑ Information below has not changed from previous submittal
Municipal fiscal year end date: June 30
Municipal DUNS number: 019506690 See: http://www.dnb.coJ JUS/duns update/
1
Section II. Legal Information
A. Authority to Construct and to Bond(only required if new authority requested)
E No additional borrowing has been authorized
(1) Attach a copy of preliminary approving opinion.
See Attached
(2) Attach a copy of a legal warning for the meeting called to vote on the authorization to bond and
construct this project. Attach a copy of the recorded vote on the articles pertinent to the project.
The municipal clerk must certify the above as true copies.
See Attached
B. Site Information(only required if new locations to be disturbed)
IXInformation in this section has not changed from previous submittal
(1) Attach a legal opinion indicating that adequate interest has been acquired in the major project site or
sites(treatment facility,pump stations)to allow undisturbed use and possession for the purposes of
construction, operation and maintenance of the project.
(2) If easements or rights-of-way have been obtained for any remaining portions of the project
(transmission and distribution lines),attach a legal opinion to indicate the extent of interests
acquired.
(3) If easements or rights-of-way have not been obtained,the municipality hereby understands and
agrees that all additional costs incurred due to the municipality's failure to obtain easements and
rights-of-way shall be the sole responsibility of the municipality,
C. Sale of Electricity(only required as appropriate)
X Does not apply
When the financing of the project anticipates revenues from the sale of electricity,evidence shall be
submitted showing that construction of the project has been authorized and that the public service board has
approved rates for the project. Attach any decisions,rulings or other writings of the public service board
expressing their approval to construct and their approval of proposed rates.
D. Compliance with Land Use and Development Act 10 V.S.A.,Chapter 151.(only required as appropriate)
XInformation in this section has not changed from previous submittal
(1) If the municipality has received the necessary permit fbr the project,attach a copy.
(2) If a"Project Review Sheet"or"write-off'letter advising that no permit is required has been
received,attach a copy.
(3) If procedures to acquire a permit have been initiated,note here the date the request was filed with
the District Environmental Commission
E. Compliance with Health Department Regulations(only required as appropriate)
X Information in this section has not changed from previous submittal
Attach a copy of notice of violation,permit,temporary permit,court order or other directive to the
municipality concerning construction of the project.
3
•
•
A. Funds to be Made Available for Project:
L
3..s G ','js F `1 _ 4�,�1 . - F >ax 1` .:sk i46 :an``+e�',�, �.a'l.g474+f7 J�+t 3.L"`3 i-s •r .��y�}� •
3� v f M. 2 ARO f co- w s, - - ££' ; [s, ?v-�a fay a., t - -F
sf 4 a 4 8 •f�qw X n 'sr` .v .hts >.f. r �c'fs°d i,,, 4: 0, c G '> t
� •
e 4 rra ea 3 m, " ;. � h�� 1# Cc� �a ! -- — •'- ��lC:....•
V0 � ( k h 5'''. ..� £ - h�'wL�� , $ _. 22,300,000,00
1,000,000.00
n a
,w
ii, 'a„
s • x4 � `` $ 1,000,000.00
sMTIP rf I f K��' Git � faiii
�.�� ,�.� 7�
a - -s..,,.,. §fir F3 r` I
4 - h y' ,iz 25%
c 35%ra ?
11
` 4a. 1 ow. .$ 1 325 000*
iti:£ t•� 4{ ( $ 4,395,000* I
.F4 F,s f.�F . zogi -3:4�$3 - z «3yE.g fit,
f 14 1 r $ 1,202,800.00
o�p,,�1,n:.yy gg e;,,,?,•y¢ • f F f , ,tx\.., ,ate, 3%.L 4. ,y. $ 25,000 00
$x'' - m N,, $ 260,000.00
!!w' 2''7Ai7`m $ 12,000.00 I
£
s� b Ft A- ?
$ 37,500.00
i. 4 F . N " }a xi r
; , ;, 3 t $ 25,837,300.00 l
•
(*The Project is eligible for identical grant funding. However,identified grant funds may not be available and have
therefore not been included in the total project funds at this time.)
•
3
A RESOLUTION OF THE CITY OF SOUTH BURLINGTON TO INCREASE DOG REGISTRATION FEES AND
ESTABLISH CITY LATE CHARGES FOR DOGS REGISTERED AFTER APRIL 1 EACH YEAR
WHEREAS, the City of South Burlington is responsible for registering all dogs in the City per State Statue 20 V.S.A. §
3581; and
WHEREAS, it is in the City's best interest for the protection of its citizens; and
WHEREAS, the number of dogs being registered in the City is far below the estimated number of dogs residing in the
City; and
WHEREAS, the costs associated with dogs being in the City is contained in the General Fund budget and whatever
is not paid by fees and therefore paid for by all taxpayers of the City; and
WHEREAS, the City wishes to allocate as much as is possible the cost of dog's expense onto the dog owners and
not the general taxpayers of the City; and
WHEREAS, there is no monetary consequence to the dog owner if the dog is not registered yearly; and
WHEREAS, The City will use some of the new fee revenue to encourage dog registration; and
WHEREAS, these fees are in addition to the current bail, boarding and impoundment fees.
NOW THEREFORE, BE IT RESOLVED that the City Council has adopted new dog licensing fees of$20.00 per
spayed or neutered dog and $24.00 for unsprayed or unneutered dogs;and,
NOW THEREFORE, BE IT RESOLVED that the City Council has adopted, in addition to the dog licensing fee, new
late fees new late fee of$10.00 for any late dog registrations from 8/1/2011 to 12/31/2011. Starting 1/1/2012 the late
fees are:
If owner registers dog without Animal Control Officer visiting or calling:
Jan 1 -April 1 y;. $0 Time to register for new year
April 2-April 30 $10 plus registration
May 1 - December 31 $25 plus registration
If Animal Control Officer contacts owner anytime during the fiscal year there will be a$50.00 charge in addition to
the registration fee:
NOW, THEREFORE, BE IT RESOLVED by action of the South Burlington City Council that these fees will take effect
on June 1, 2011.
Dated this day of ,2011.
Sandra Dooley, Chair
Meaghan Emery, Vice Chair Rosanne Greco, Clerk
James Knapp Paul Engels
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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.
_Trevor Whipple, Chief of Police April 18, 2011
Name and title of person completing this form(Project Manager) Date
1. Name/title of grant and submittal deadline date: Community Drug Investigation Program
2. What specifically is the grant's purpose? Funding for overtime to conduct narcotics investigations
3. What does the grant fund and not fund(be specific)? Police overtime
4. Total Project Cost:
a. Amount of grant: $65,000 available statewide,requesting $10,000 (similar request in 2010
resulted in a$3,000 award)
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 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)? 07/01/11 to 06/30/12
9. Who will apply for grant(name/title)? Trevor Whipple
10. How much time will it take to complete grant application form? 5 minutes
11. How likely is it that we will receive grant? 100% for some amount, actual amount unknown
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. 15 minutes per quarter. No admin costs
allowed. No match.
13. Describe grant payment process—method of cash flow: Reimbursement upon filing of quarterly report
14. Should a Council-appointed Committee, Board, or Commission review this request? Not needed
If yes,please update status:
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. a -r f/
Reviewed by Asst.-My Manager,Date If approved,grant money will be in this fund
47// / )i
Approve d by City Manager,Mana er,Date Not Approved By City Manager,Date
Approved By City Council,Date Not Approved By City Council,Date
Vermont Drug Task Force
•�� Ve 103 South Main Street
$,
Waterbury, VT 05671-2101
April 3, 2011
Chief Trevor Whipple
South Burlington Police Department
575 Dorset Street
South Burlington, Vermont 05403
Dear Chief,
We are anticipating that the Vermont Legislature will be funding the community Drug
interdiction Program for Fiscal year 2012. The total allocation is $255,000; $190,000 is
designated to fund up to 3 municipal positions in the Vermont Drug Task Force. The
remaining$65,000 will be distributed to applying local agencies to use for officer
overtime costs incurred on drug investigations. The CDIP review committee will convene
in May 2011, to decide on allocation of these funds. The committee is comprised of
representatives from the sheriff's departments, local police agencies, the attorney
general's office and State Police.
Grant expenditure guidelines established this year prohibit the expenditure of grant funds
until the grant has been approved. Reimbursement funds cannot be paid for activities
prior to the date of approval. For this reason we are requesting applications be submitted
earlier than in years past so that we can ensure the approval of grants and availability of
funds by July 15t 2011.
The rollover funds from fiscal year 2011' will be added to the$65,000.00 allocated for
the Community Drug Interdiction grant. We will not know the rollover amount until we
receive all reimbursement requests for the 2011 grant. These will need to be received no
later than the end of July,2011. Once the amount of rollover funds is determined,the
committee will determine how these funds will be allocated.
Please keep in mind that once funds are expended, we will have to prepare a new grant
amendment to allocate additional funds and that those funds will not be available until it
is approved. As a result, we will be requesting that sub-recipients send in re-
imbursement requests monthly for FY 2012 grants so that we can monitor available
funds. New instructions will accompany the FY2012 grants.
Enclosed is the Request for Proposal and project detail documents related to the
appropriation. Please review the special conditions form when completing your proposal.
The CDIP Committee will review all submitted applications for overtime funding and
South Burlington Fire Department
575 Dorset Street
South Burlington, Vermont 05403
802-846-4110
To: City Manager Sanford Miller
Members of the City Council
From: Douglas Brent, Chief of Fire and EMS
Date: April 29, 2011
Re: Ambulance Purchase Update
At the April 4, 2011 meeting of the City Council I presented information relative to the
purchase of both the new ambulance and the quint fire truck. Since that time I have devoted an
enormous amount of time to both projects and we have made some major progress.
At this point however, we have been unable to come to terms with the MedTec
ambulance dealers and the costs and pricing they have given us far exceed what we have to
spend. The numbers are far enough apart that we will not be able to come to an agreement. We
have been able to meet with and are close to coming to terms and a contract price with an equally
qualified ambulance builder.
I have been working with Asst. City Manager Rusten as I have moved along through this
process. Yesterday, Thursday April 28, 2011 our ambulance committee met with the
representative of OSAGE ambulance builders who answered some final questions for us. He
was able to bring a demo unit with him and the committee members were very impressed with
the quality, workmanship, and overall performance of the unit. We are anticipating draft
drawings early next week as well as final pricing and trade-in value.
I am in hopes of being able to bring a recommendation forward to the City Manager very
shortly for his approval to place an order.
That being said, I would request that the City Council amend their original approval to
give the City Manager authority to execute a purchase contract with OSAGE Ambulance in an
amount not to exceed our original budgeted figure of $165,000 plus trade-in of our 1997
ambulance.
I will be available to answer any questions which should come up.
0044
south ili
PLANNING & ZONING
MEMORANDUM
TO: South Burlington City Council & City Manager
FROM: Paul Conner, Director of Planning & Zoning
SUBJECT: Proposed Solar Net Metering Term Sheet Agreement-in-Principle
DATE: May 3, 2011 City Council meeting
Last month the city was approached by Encore Redevelopment, in partnership with South
Village, to consider the short-term purchase of solar electricity soon-to-be-produced at South
Village. Following negotiations, the enclosed term sheet outlines the key items that the two
parties have discussed.
They key provisions are that the city will be agreeing to purchase 90% of the output of this solar
array (estimated to be—150,000 kh/w per year). In doing so, the city will receive a 14.75%
discount from the under the standard GMP power rate(equivalent today to $0.02) and will not be
required to pay the energy efficiency charge (presently$0.008). Together, it is estimated that this
agreement would result in a savings of$4,200.
Proposed Action: Staff recommends the Council authorize the City Manager to sign the
enclosed Term Sheet and complete and sign a Net Metering Agreement implementing these
terms, subject to legal review by the City Attorney.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101
www.sburl.com
•
core
EDEV E€..DP 4 z-t...:-,
Term Sheet for Net Metering Agreement-in-Principal
subject to Legal Review
This Term Sheet sets forth certain proposed terms of a Net Metering Agreement (the "Agreement"), proposed to
be entered into between The Farm at South Village,Inc. and the City of South Burlington. This Term Sheet is not
binding upon the parties and no legal obligations will be created until a definitive agreement has been executed by
all parties. The proposed terms of the Agreement are as follows:
1. The Farm at South Village, Inc. will be the company and the Net Metering Group Manager (the
"Manager").
2. The City of South Burlington will be the Customer.
3. Green Mountain Power will be the utility(the"Utility").
4. The Customer agrees to join a net metering group (the "Net Metering Group") established to utilize the
electricity produced by a 148 kW solar array (the "Array") to be installed at the Farm at South Village,
South Burlington,Vermont. The Array will be net metered to the Utility,and managed by the Manager.
5. The Customer will remain a customer of the Utility, and the Utility will continue to meet 100% of the
Customer's electricity demand.
6. The Customer will receive credit from the Net Metering Group for ninety percent(90%) of the electricity
produced by the Array at the current GMP retail rate.
7. The Customer will remit payment to the Manager on a quarterly basis for all electricity credited by the
Utility to the Net Metering Group at a price equal to 75.25% of the current GMP retail rate (currently
$0.13456/kWh) (the "Price"). The Price applies only to direct credits for electricity; any taxes, fees or
other customer charges will be the Customer's sole responsibility and will be netted against the Price,
except that the Company will be responsible for the Net Metering Group's efficiency charges.
8. The term of the Agreement will be two (2)years. The Agreement may be extended for an additional one
(1)year,based on mutual consent of the Company and the Customer.
9. The Company will be responsible for operations and maintenance, supporting any and all manufacturer's
warranties, and administering the Net Metering Group, including the assignment of credited electricity to
appropriate(i.e.,those charged the GMP retail rate)meters.
10. The Company will retain possession of all environmental attributes including Renewable Energy Credits
(RECs), Carbon Credits, and any other attributes that may be created during the term of the Agreement,
including the Utility's group net metering tariff(the"GMP Solar Adder").
11. The Customer will be responsible for taxes, fees and other charges.
12. The Agreement shall be transferred with the Array in the event of a reassignment or sale of the Array by
the Company.
Accepted and Agreed to:
Chad R.Farrell,P.E. By: Date:
Principal Name: Title:
110 Main ,' eet 2 d d Fio of Suite 2E Etainagum,1,I L ' t
( u,_'1 e, I 2, .y.aAie§ .s, .,i ds xe£.mein corn eta enoxelede z_ia n t,cam
Rv.CtiML.CIPOMNT EHERO`ti`&?: v`C4 LZPR+Pe.?-<d7' PROOEu"F`3.43h P9A:#?ESM'# FPT CONV>3L'T;NV
April 19, 2011
City Council of South Burlington
575 Dorset Street
South Burlington, Vermont 05403
Dear Sir/Madam,
I request the City Council of South Burlington to allow the Charter Committee to review the City
Charter of South Burlington 13-1304. Amount to be Raised by Taxation and to eliminated the CPI,
Consumer Price Index statement after the second budget vote in the text and replace it with the
city council or school board shall continue to submit a budget using the provisions of subsection
(b) of this section until such time as a budget is approved.
Thanking in advance for your consideration.
Sincerely
Jay L. Zaetz
(c) If the budget for the city or school district is not adopted by the voters at the special meeting
provided for the subsection (b) of this section, the city council or school board shall adopt a
budget with the net cost of operations pursuant to section 1309 of this chapter limited to the
amount of the next cost of operation in the preceding tax year budget, adjusted for the
preceding calendar year's Consumer Price Index for All Consumer-Northeast Region, as
published by the U.S. Department of Labor of Labor Statistics.
(c) would be change to:
(c) If the budget for the city or school district is not adopted by the voters at the special meeting
provided for subsection (b) of this section, the city council or school board shall continue to
submit a budget using the provisions of subsection (b) of this section until such time as a budget
is approved.
CITY COUNCIL 4 APRIL 2011 Draft/Unapproved
The South Burlington City Council held a regular meeting on Monday,4 April 2011, at
6:00 p.m.,in the Conference Room, City Hall, 575 Dorset St.
Councilors Present: S. Dooley, Chair; M. Emery, J. Knapp, P. Engels, R. Greco
Also Present: S. Miller, City Manager; R. Rusten, Assistant City Manager; P.Conner, Director
of Planning &Zoning; J. Rabidoux, Director of Public Works; K. Murphy, City Manager's Staff;
Chief D. Brent and members of Fire Department and their families; R. Steven,T. Cairns, B.
Stuono, M. Fowler, E. Spooner
1. Executive Session: _
Ms. Emery moved the Council meet in Executive Session to discuss personnel, contract
negotiations and litigation. Mr. Knapp seconded. Motion passed unanimously.
Regular Session:
1. Agenda Review:
The Council agreed to move item#4 to the top of the Agenda.
4. Resolution to honor Richard "Dick" Stevens for his years of service and
dedication to the South Burlington Fire Department On-Call Staff:
Chief Brent noted that Dick Stevens was a charter member of the South Burlington Fire
Department and served more than 40 years, working for all 4 Fire Chiefs. Chief Brent described
Mr. Stevens as reliable, community minded, and with an understanding of what is good.
Ms. Dooley then read the Resolution honoring Mr Stevens.
Mr. Stevens said that he grew up in Burlington but moved to South Burlington in 1964. He
praised the city's school system and the Fire Department members with whom he served.
Ms. Emery moved to approve the Resolution to honor Richard"Dick" Stevens. Mr. Knapp
seconded. Motion passed unanimously
2. Comments & Questions from the Audience not related to Agenda Items:
Mr. Cairns, President of the Dorset Park Skating Association, said they are trying to combine the
entrances to the 2 arenas so there will be a central entrance. He gave members the proposed
plans and a proposed time-line for getting the work accomplished. They are now interviewing
contractors with the hope to start construction in July. They want the work to be completed in
time for a women's national skating event. The Skating Association will be paying for all the
CITY COUNCIL
4 APRIL 2011
PAGE 3
money by outsourcing this.
5. Discussion on the Summer 2012 Paving Projects on US 2 and US 7:
Mr. Rabidoux noted these are the areas they are getting calls about. Plans and specs have already
been put together. The project will be similar to what occurred on Route 15 with most of the
work being done at night.
Mr. Fowler of Vtrans reviewed the background of the project. He noted that it is essentially a
resurfacing with new pavement markings. They would like to start in mid-April/May of 2012.
The project begins in Burlington at US 7 and goes to beyond Ace Hardware/Pete's RV in South
Burlington. The expectation is that it will take a minimum of 4-5 months work. Mr. Fowler said
night work is critical to get the work done in a way that is tolerable. Preliminary plans will be
available in the next month or so.
Mr. Rabidoux noted that the city has done some street sweeping and plowing at night but
never a large scale paving project. Mr. Rabidoux also noted that the work is 100% funded by the
State with no local match. Mr. Fowler said that if the city opposes night work then changes its
mind; there would be a cost to the city for the change order. The City will be asking for future
advice regarding night work
Ms. Emery asked who handles safety. Mr. Fowler said that is between the contractor and the
State.
Ms. Greco asked about warranty. Mr. Fowler said before the work is done, there is some
warranty for quality a year or 2 down the line,but even that is doubtful.
6. Consider Approval for a Resolution Amending the Sewage Fees pursuant to
Article III, Section 6(e) of the City of South Burlington Sewerage and Stormwater
Ordinance:
Mr. Miller said this change represents a 3%increase in the connection fee. This is to keep up
with the cost of living. Mr. Miller felt the 3%number would be pretty constant and will avoid
large swings in rates.
Ms. Emery moved to approve the Resolution amending Sewerage Fees as presented. Mr. Knapp
seconded. Motion passed unanimously.
7. Consider Approval for a Resolution Establishing Fees for the Issuance of Truck
Overweight Permits Pursuant to Title 23, Chapter 13, Section 1400a (d) of the Vermont
State Statutes:
Chief Brent noted that to expedite the process, the City Manager directed him to look into a
CITY COUNCIL
4 APRIL 2011
PAGE 5
negotiated purchase with the company the city has done business with satisfactorily in the past.
He explained that it takes months to build these vehicles. No payment would be required upon
placement of the order. The Department will agree not to exceed the price outlined in the
budget. Mr. Miller noted that the faster the Quint can be delivered, the faster the city can achieve
savings on staffing of vehicles.
Mr. Engels moved to enter into negotiations with Pierce & Med/Tec to negotiate a price at the
best interest of the community. Ms. Emery seconded. Motion passed unanimously.
Chief Brent noted that the Fire Depai liiient staff is very involved in this process and has traveled
to see these vehicles. The intent is to purchase what is best for them and for the community.
Mr. Engels said that one highlight of Election Day for him was being able to talk with
Firefighters who were out supporting the city budget.
11. Consider Approval of Contract to Assess City Center Projects and Associated
Consulting Arrangements:
Mr. Miller recommended hiring Andrew Legg at$50.00 an hour to report to the City Council on
the status of the project. Mr. Legg estimates this will take about 40 hours work.
Mr. Engels moved to approve the contract to assess City Center projects and consulting
arrangements as presented. Ms. Greco seconded. Motion passed unanimously.
12. Appointment of Kelly Murphy as Town Service Officer:
Mr. Miller noted that the city is required to fill this position. The Town Service Officer can put
someone in need in touch with appropriate services.
Mr. Knapp moved to appoint Kelly Murphy as Town Service Officer through 14 April 2012.
Ms. Emery seconded. Motion passed unanimously.
13. Discuss the Possibility of Marketing and Selling the City Owned TDRs:
Mr. Miller noted that a few months ago there was an inquiry to which he responded"maybe."
Since there was no process to sell TDRs, he asked staff to work up such a process.
Mr. Conner reviewed the history of TDRs and noted that in the Southeast Quadrant (SEQ) there
are 2 sub-districts with an overall maximum 1.2 per acre density. Beyond that, the city enacted a
program that shifts development from "sending"to "receiving" areas. Mr. Conner showed these
Mr. Knapp asked if this property is subject to 1061 obligations. Mr. Miller said he would have
CITY COUNCIL
4 APRIL 2011
PAGE 7
to ask the City Attorney. Mr. Kay questioned whether the City might be interested in acquiring
other TDRs to conserve other property. It is the sense of the Council not to sell TDR's but
asking staff to explore options. Also a request for the source of funding used to purchase the
Scott property and any obligation to refund money. Mr. Miller said it is unclear whether the city
could use Open Space money for this. Ms Greco said she would be interested if there is money
to do so.
14. Consider Authorizing Financing of the City's Unfunded Pension Liability of Up
to $8,200,000 with the Necessary Paperwork to be Executed by the City Manager:
Mr. Miller said the city got a proposal from Merchants Bank at 5.12% for years 1-7. This would
save $90,000-110,000 a year. The first payment would be due on 15 June 1012. All proceeds
would go into the Pension Trust Fund. This would transfer the unfunded obligation to a city
debt.
Mr. Engels moved to borrow up to $8,200,000 from the Merchants Bank to finance the city's
unfunded pension liability with paperwork to be executed by the City Manager.
Mr. Miller said that no borrowing would take place above the actuary's recommended funding
level. There would be no borrowing until there is confirmation that this borrowing is allowable.
Mr. Knapp noted that this commits the City Council to include $665,000 annually in the city
budget for 7 years. He said it will also affect the city's ability to borrow in the future.
Mr. Engels asked if options other than borrowing were considered. Mr. Miller said the Bond
Bank and other lenders were not interested. Other options for funding in the budget were at
higher interest rates.
Mr. Knapp noted the city would not be able to pre-pay this bond without a penalty.
Mr. Spooner said he was happy to see the city moving in the right direction. He indicated
willingness to work with the city to make this fair and equitable for all.
Ms. Engels moved to authorize financing of the City's Unfunded Pension Liability of Up to
$8,200,000 with the Merchants Bank as presented with paperwork to be executed by the City
Manager. Ms. Greco seconded. Motion passed unanimously.
15. Consider Authorizing interim borrowing up to $2,500,000 to fmance South
Burlington Airport Parkway Waste Treatment Upgrade and Expansion with all Necessary
19. Sign Disbursement Orders:
Disbursement Orders were signed.
CITY COUNCIL
4 APRIL 2011
PAGE 9
20. Liquor Control Board:
Ms. Emery moved that the Council adjourn and reconvene as Liquor Control Board. Mr. Knapp
seconded. Motion passed unanimously.
Mr. Miller presented Liquor and Tobacco License applications from the following:
Cheesetraders Lakeview Bar& Grill/Lakeview House
Klinger's Sheraton VT Group
Zachary's Pizza Shaw's Beer& Wine
Waterfront Catering Short Stop #104 (1830 Shelburne Rd.)
Silver Palace Short Stop #105 (1314 Williston Rd.)
Price Chopper Pizza Hut
Pauline's Café & Restaurant Olive Garden
Higher Ground Hannaford Food &Drug (217 Dorset St.)
Gonzo's Indoor Golf Eagles Club #793
Chicken Charlie's Walgreen's
Usave Beverage Maplefield's (811 Williston Rd.)
Independent Brewers/Magic Hat
Ms. Emery moved to approve all Liquor and Tobacco License applications with the exception of
Kilingers which will be approved separately. Mr. Knapp seconded. Motion passed unanimously.
Ms. Greco recused herself from voting on the Klingers application due to a potential conflict of
interest.
Ms. Emery moved to approve the Liquor and Tobacco License application for Klingers. Mr.
Knapp seconded. Motion passed 4-0.
Ms. Emery moved to reconvene as City Council. Ms. Greco seconded. Motion passed
unanimously.
21. Other Business:
Mr. Miller noted that the city is sending in an application for accessibility improvements to City
Hall. This needs to be in before the next meeting. He will bring the item for ratification on 19
CITY COUNCIL 19 APRIL 2011 DraillUr % p _ov
ed
The South Burlington City Council held a regular meeting on Tuesday, 19 April 2011, at
6:00 p.m., in the Conference Room, City Hall, 575 Dorset St.
Members Present: S. Dooley, Chair; J. Knapp, P. Engels
Also Present: S Milller, 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 Superintendent; T Hubbard, Director of Recreation; M. Beaudin, Planning
Commission; M. Boomhower, C. Baker, J. Zaetz
1. Executive Session:
Mr. Knapp moved that the Council meet in executive session to discuss personnel, contract
negotiations and litigation. Mr. Engels seconded. Motion passed unanimously.
Regular Session:
2. Comments & Questions from the Audience, not related to agenda items:
Mr. Zaetz said he would like to propose a Charter change that would eliminate the CPI index
from the amount to be raised by taxes. He asked that this proposed change be brought to the City
Charter Committee and that he be informed of their decision.
3. Announcements & City Manager's Report:
Mr. Engels: Attended program put on by UVM Extension Services for city Council members and
city employees.
Ms. Dooley: Along with Ms. Emery, and Mr. Miller, met with the candidate for Airport
Manager.
Mr. Miller: The City is in the process of terminating the agreement with Vermont Gas which
includes a flat fee for excavation.
A Triathlon event will be held this year and will be bringing world-class athletes to the
area. A substantial part of the race will go through South Burlington. Bill Cimonetti-is heading
up the event.
Along with Mr. Rusten, attended a legislative summit last week.
South Burlington has been designated a"Tree City, USA" for the third year in a row
thanks to the efforts of Craig Lambert, Justin Rabidoux, Paul Conner& Cathy LaRose.
CITY COUNCIL
19 APRIL 2011
PAGE 3
Mr. Baker said the resolution looks at hazards in the County and City, emergency management,
etc. It was reviewed with Depaa latent Heads, etc., and confirms activities already being
undertaken.
Mr. Knapp asked if this is included in the Comprehensive Plan. Mr. Conner said the draft of the
Comprehensive Plan does have a section on Emergency Management which references this plan
for additional details.
Mr. Knapp also asked if the number of police and firefighters is correct and whether that matters.
Mr. Baker said ti was correct at the time, and that's OK. Mr. Miller said there is no requirement
to meet those numbers.
Ms. Dooley noted that on p. 20 there is a reference to two "public attractions/landmark
buildings" and asked where they are. Mr. Conner said he assumed these are the municipal
buildings. Mr. Miller said they are not specifically identified so as not to draw attention of"bad
guys" to them.
Mr. Engels asked about including the South Burlington section of Lake Champlain on the maps.
Mr. Knapp moved to adopt the Chittenden County Multi-Jurisdictional All-Hazards Mitigation
Plan and Annex 14 as presented with all exhibits and attachments. Mr Engels seconded. Motion
passed unanimously.
Mr. Baker noted that Mr. Miller is co-chairing the Regional Sustainability Project, and there will
be an action item on that soon. Mr. Miller said it will be on the 16 May agenda.
6. Consider Ratifying Application to Voting Access for Individuals with Disabilities
Grant:
Ms. Kinville advised that they had made the deadline for submission of the application. All the
money would be paid up front with no local match. Funds would be used to provide
handicapped access to City Hall, including a pushbutton door opener.
Mr. Miller thanked Ms. Kinville for identifying this source of funding and felt it is a very
sensible plan.
Ms. Kinville also noted that at the upcoming BCA meeting, there will be discussion on the
possibility of moving voting from the school across the street to City Hall (which is actually
within the district).
Mr. Knapp revealed that 2 of the groups on the list are clients of his. Members were OK with
him voting on this item.
CITY COUNCIL
19 APRIL 2011
PAGE 5
Mr. Rusten noted that the city received requests for$45,275.55 but had budgeted for only
$39,100.00. The Committee recommended eliminating the "special needs" funding and rounding
down most of the other requests. They also recommended adding funding for PACT.
Ms. Dooley noted that preference is given to organizations serving South Burlington residents.
Mr. Miller reminded the Council that this is FY'11 funding. There will be a further"rounding
down"for FY'12 funding.
Mr. Engels moved to approve allocation of Social Services Funding as presented for FY'11. Ms.
Dooley seconded. Motion passed unanimously.
10. Review Changes to the Grant Request Form regarding approval of grants:
Mr. Rusten noted the changes to wording.
Mr. Knapp moved to approve the Grant Request Form as presented. Mr. Engels seconded.
Motion passed unanimously.
11. Update on Financial Status with the General Fund & Enterprise Funds:
Mr. Rusten said it is still difficult to project where things will wind up. He is still anticipating at
$300,000 deficit in the General Fund, a 0-$100,000 deficit in the Ambulance Fund, a 0-$100,000
deficit in the WPC Fund and a$100,000-$200,000 deficit in th Stormwater Fund. He stressed
that the problems are with revenues, not with expenditures.
Mr. Rusten noted that many of these problems have been addressed in the FY'12 budget.
Ms Dooley asked if liability insurances are put out to bid. Mr. Miller said they could be but that
is not his recommendation. The city has been very satisfied with the product they are currently
getting. He noted that they will go to bid this year for health insurance.
Mr. Miller then explained how insurances work through VLCT's Passive Board the trust
systems.
Mr. Miller also noted that this is the first time the City Council has received such a monthly
financial report. He explained the future use of an"encumbrance" model. This will require
having a city-wide purchase order system, which will be in place before the next budget cycle.
Mr. Miller then reviewed the 13 points that the city raised with the Association, including the
CITY COUNCIL
19 APRIL 2011
PAGE 7
request for an additional $175,000 additional rent payment this year($30,000 of which would be
used for a fund for repairs, etc., and about $60,000 to cover past insurances), A 3% annual
increase in rent, more preferred time for public skating at half the cost of ice time, advance notice
of the need for overflow parking, 3 City Council appointed Board members, 3 City Manager
appointed Board members; response to reasonable requests for information from the city, and a
lease that can be opened at any time.
Mr. Knapp said he would like more information on their request regarding bonding.
Mr. Miller stressed that the City Recreation Department does not run the skating facility.
The City Council agreed to proceed as outlined.
13. Consider Approval of Entertainment License Applications for:
1. Lund Family Center
2. Carrie Premsagar Fund
3. Community Bible Church
4. South Burlington Youth Baseball
Mr. Miller said all applications are in order.
Mr. Engels moved to approve the Entertainments License Applications as presented. Mr. Knapp
seconded. Motion passed unanimously.
14. Review and Approve Minutes of 4 April 2011:
Members agreed to table the approval of minutes to get input for the absent Councilors.
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. Mr. Engels
seconded. Motion passed unanimously.