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Home My WebLink AboutAgenda - City Council - 05/06/2013 • NI 1441 III Li south r i VERMONT AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall Conference Room 575 Dorset Street SOUTH BURLINGTON, VERMONT Executive Session 6:00 P.M. Monday, May 6, 2013 Consider entering executive session to discuss personnel, contract negotiations and litigation. Regular Session 7:00P.M. Monday, May 6, 2013 1. Acknowledgement of former City Councilor Engels' service to the City. (7:00-7:05pm) 2. Agenda Review: Additions, deletions or changes in order of agenda items. (7:05-7:07pm) 3. Comments and questions from the public not related to the agenda.(7:07-7:12pm) 4. Announcements and City Manager's Report.(7:12pm-7:17pm) A. Research in-house Attorney B. Status on Claire Solar Project C. Bob Rusten transition 5. Consent Agenda: (7:17-7:18pm) A. *** Sign Disbursement B. ***Approve Minutes for March 4, 26 &April 15, 2013. C. *** Consider approval of Resolution to Create a Community Garden Reserve Fund (Bob Rusten, Deputy City Manager). D. *** Consider approval of Amending the Resolution for Issuance of Payment for Special Circumstances (Bob Rusten, Deputy City Manager) E. *** Consider approval of Resolution to Create a Reserve Fund for Capital Improvement Program (CIP) (Bob Rusten, Deputy City Manager) F. ***Consider approval of the Urban & Community Forestry, Communities Caring for Canopy Grant. G. ***Consider approval of Police Building Roof Solar Array Letter of Intent. H. *** Consider authorizing the Interim City Manager to enter into contract negotiations with a consultant for the Open Space Study. 6. *** Discuss City Manager search process (Lisa Ventriss). (7:18-7:38pm) 7. *** Discuss a proposed process regarding City committees coordination. (7:38pm-7:58pm) 8. *** Presentation on the Red Rocks Park Management Study (Red Rocks Committee). (7:58-8:08pm) 9. Presentation from CSWD (Paul Stabler& Mark Boucher, City Rep on the CSWD Board).(8:08- 8:23pm) 10. Interim Zoning-Deliberative Session: (City Council-Deliberative session on applications closed or presently before the City Council. Deliberative sessions are not open to public comment). [Note: Deliberations will be in open session unless due to a legal issue it is voted by Council to deliberate in closed session] (8:23pm-8:53pm) a. ***Interim Zoning Application#IZ-13-02, Malone Dorset Street Properties, LLC (Trader Joe's) to amend a previously approved planned unit development consisting of a 33,733 sq. ft. gfa building with 31,351 sq. ft. (including mezzanine) of retail food establishment use and 2,382 sq. ft. of short-order restaurant use. The amendment consists of: 1) razing three (3) single family dwellings, 2) constructing a 12,800 sq. ft. building for retail food use, and 3) constructing a 2-story 14,000 sq. ft. building consisting of 7,000 sq. ft. of retail and/or short- order restaurant use and 7,000 sq. ft .of general office use, 192, 196, 200, and 222 Dorset Street. 11. ***Impact Fee Overview(Paul Conner, Planning &Zoning Director). (8:53-9:07pm) 12. *** Discuss current procedure for making appointments to City Boards, Commissions, &Committees (Kevin Dorn, Interim City Manager). (9:07-9:17pm) 13. Council to give direction to staff on how to formally recognize retirees from employment, City Boards, Committees, & Commissions. (9:17pm-9:27pm) 14. Discuss meeting schedule for the month of May. (9:27-9:32pm) 15. Other Business: (9:32-9:37pm) A. Items held from the Consent Agenda B. Bike Rack— items Council may wish to place on a future agenda: i. Traffic Lights and sequencing. ii. City Street Lights (adequacy/number) at various locations. iii. Dorset Park Solar Array. iv. Advertising logos or names on City Property v. Taser Policy vi. East Terrance Ordinance vii. Policy regarding landscaping City-owned land and Request from Hadley Road. viii. Council-approved Minutes Resolution C. Other? 16. Consider entering executive session for discussion of personnel matters, negotiations, real estate and litigation. 17. Adjourn gepe0 f ubmitted: Kevin Dorn, Interim City Manager ***Attachments Included South Burlington City Council Meeting Participation Guidelines City Council meetings are the only time we have to discuss and decide on City matters. We want to be as open and informal as possible; but Council meetings are not town meetings. In an effort to conduct orderly and efficient meetings, we kindly request your cooperation and compliance with the following guidelines. 1. Please be respectful of each other(Council members, staff, and the public). 2. Please raise your hand to be recognized by the Chair. Once recognized please state your name and address. 3. Please address the Chair and not other members of the public, staff, or presenters. 4. Please abide by any time limits that have been set. Time limits will be used to insure everyone is heard and there is sufficient time for the Council to conduct all the business on the agenda. 5. The Chair will make a reasonable effort to allow everyone to speak once before speakers address the Council a second time. 6. The Chair may ask that discussion be limited to the Councilors once the public input has been heard. 7. Please do not interrupt when others are speaking. 8. Please do not repeat the points made by others, except to briefly say whether you agree or disagree with others views. 9. Please use the outside hallway for side conversations. It is difficult to hear speaker remarks when there are other conversations occurring. 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Monday, May 6, 2013 Consider entering executive session to discuss personnel, contract negotiations and litigation. Regular Session 7:00P.M. Monday, May 6, 2013 1. Acknowledgement of former City Councilor Engels' service to the City. (7:00-7:05pm) Plaque presentation handled the same way as former Councilor Dooley 2. Agenda Review: Additions, deletions or changes in order of agenda items. (7:05-7:07pm) 3. Comments and questions from the public not related to the agenda.(7:07-7:12pm) 4. Announcements and City Manager's Report.(7:12pm-7:17pm) A. Research in-house Attorney B. Status on Claire Solar Project Put on agenda more for the benefit of the public who may want an update given this issue is moving quickly. C. Bob Rusten transition 5. Consent Agenda: (7:17-7:18pm) A. ***Sign Disbursement B. ***Approve Minutes for March 4, 26 &April 15, 2013. C. *** Consider approval of Resolution to Create a Community Garden Reserve Fund (Bob Rusten, Deputy City Manager). D. *** Consider approval of Amending the Resolution for Issuance of Payment for Special Circumstances (Bob Rusten, Deputy City Manager) E. *** Consider approval of Resolution to Create a Reserve Fund for Capital Improvement Program (CIP) (Bob Rusten, Deputy City Manager) F. ***Consider approval of the Urban & Community Forestry, Communities Caring for Canopy Grant. G. *** Consider approval of Police Building Roof Solar Array Letter of Intent. H. *** Consider authorizing the Interim City Manager to enter into contract negotiations with a consultant for the Open Space Study. 6. *** Discuss City Manager search process (Lisa Ventriss). (7:18-7:38pm) 7. *** Discuss a proposed process regarding City committees coordination. (7:38pm-7:58pm) Several members of our staff have been working on this proposal that puts a staff committee in the role of "traffic cop"for lack of a better word as it pertains to recommendations, reports or other documents coming out of various committees. Staff will meet on a regular basis to determine where to refer the work of the various committees should consideration beyond those committees be required. Staff would not have the authority to stop, or"shelve" any issue. Staff would serve strictly in the role of determining which recommendations, reports or work products need to be reviewed by other committees and then coordinate that process to assure all voices that need to be heard on an issue are heard in a timely and coordinated fashion. Setting up this process also allows staff to more fully anticipate issues that will be coming up in the months ahead and plan for those matters to be included where necessary on the schedules of other committees. In this way we will help to avoid issues getting bogged down in process. As this is an administrative function it does not need to be "approved" by Council, but we are looking for Council to "endorse" this process by motion. Staff Recommendation: Endorse the process as outlined. 8. *** Presentation on the Red Rocks Park Management Study (Red Rocks Committee). (7:58-8:08pm) This is the study that will support the development of a management plan for Red Rocks Park. Council does not need to "approve" the study. Council should "accept" this report by motion. 9. Presentation from CSWD (Paul Stabler& Mark Boucher, City Rep on the CSWD Board).(8:08- 8:23pm) 10. Interim Zoning-Deliberative Session: (City Council-Deliberative session on applications closed or presently before the City Council. Deliberative sessions are not open to public comment). [Note: Deliberations will be in open session unless due to a legal issue it is voted by Council to deliberate in closed session] (8:23pm-8:53pm) a. ***Interim Zoning Application#IZ-13-02, Malone Dorset Street Properties, LLC (Trader Joe's) to amend a previously approved planned unit development consisting of a 33,733 sq. ft. gfa building with 31,351 sq. ft. (including mezzanine) of retail food establishment use and 2,382 sq. ft. of short-order restaurant use. The amendment consists of: 1) razing three (3) single family dwellings, 2) constructing a 12,800 sq. ft. building for retail food use, and 3) constructing a 2-story 14,000 sq. ft. building consisting of 7,000 sq. ft. of retail and/or short- order restaurant use and 7,000 sq. ft .of general office use, 192, 196, 200, and 222 Dorset Street. 11. ***Impact Fee Overview(Paul Conner, Planning &Zoning Director). (8:53-9:07pm) 12. *** Discuss current procedure for making appointments to City Boards, Commissions, & Committees (Kevin Dorn, Interim City Manager). (9:07-9:17pm) As you will note from the documents provided there is a fair amount of process already in place around this issue. These are your appointments, however, and you need to be comfortable with the process. 13. Council to give direction to staff on how to formally recognize retirees from employment, City Boards, Committees, &Commissions. (9:17pm-9:27pm) We recently experienced the passing of a member of one of our IZ committees. This raises the issue of whether or not there should be some form of recognition by Council when a citizen serving on one of our committees, or an employee of the City, passes away. Questions such as whether or not it is appropriate at all to recognize these situations, whether any recognition should be applied only to currently serving committee members or employees, whether other types of recognition should occur such as when a committee member leaves a committee, etc. are questions you should consider. You can envision a variety of scenarios. I am sure that all Council members want to be respectful of those who have served, but you should come up with some parameters as to when and under what circumstances that should occur. We are not necessarily looking for a final decision on this issue but some guidance from Council will help us to craft what we might call "guidelines" for recognition. 14. Discuss meeting schedule for the month of May. (9:27-9:32pm) We are looking here for any priorities and issues that you anticipate for future meetings in May with the presumption being the only meeting will be the normally scheduled Council meeting on May 20. 15. Other Business: (9:32-9:37pm) A. Items held from the Consent Agenda B. Bike Rack—items Council may wish to place on a future agenda: i. Traffic Lights and sequencing. ii. City Street Lights (adequacy/number) at various locations. iii. Dorset Park Solar Array. iv. Advertising logos or names on City Property v. Taser Policy vi. East Terrance Ordinance vii. Policy regarding landscaping City-owned land and Request from Hadley Road. viii. Council-approved Minutes Resolution C. Other? 16. Consider entering executive session for discussion of personnel matters, negotiations, real estate and litigation. 17. Adjourn ctf ubmitted: evin Dorn, Interim City Manager ***Attachments Included South Burlington City Council Meeting Participation Guidelines City Council meetings are the only time we have to discuss and decide on City matters. We want to be as open and informal as possible; but Council meetings are not town meetings. In an effort to conduct orderly and efficient meetings, we kindly request your cooperation and compliance with the following guidelines. 1. Please be respectful of each other(Council members, staff, and the public). 2. Please raise your hand to be recognized by the Chair. Once recognized please state your name and address. 3. Please address the Chair and not other members of the public, staff, or presenters. 4. Please abide by any time limits that have been set. Time limits will be used to insure everyone is heard and there is sufficient time for the Council to conduct all the business on the agenda. 5. The Chair will make a reasonable effort to allow everyone to speak once before speakers address the Council a second time. 6. The Chair may ask that discussion be limited to the Councilors once the public input has been heard. 7. Please do not interrupt when others are speaking. 8. Please do not repeat the points made by others, except to briefly say whether you agree or disagree with others views. 9. Please use the outside hallway for side conversations. It is difficult to hear speaker remarks when there are other conversations occurring. 4' 05/02/2013 City of South Burlington Accounts Payable Page 1 of 9 03:51 pm Check Warrant Report # cingalls Unpaid Invoices For Check Acct 1(GENERAL FUND) From / / To 05/06/2013 Purchase Discount Amount Check Check Vendor Invoice Invoice Description Amount Amount Paid Number Date 10 COM 10 COMMUNITY DRIVE, LLC SD-12-35 INDEPENDENT TECH REVIEW 200.00 0.00 . /--/-- A C S AFFILIATED COMPUTER SERVICES I 901070 ADD FULL SERVICE INDEXIN 682.50 0.00 . /--/-- A C S AFFILIATED COMPUTER SERVICES I 901069 MARCH 20/20 SYSTEM 2093.00 0.00 . /--/-- ADAMSN ADAMSON INDUSTRIES CORPORATION 116015 VEHICLE FITUP 11100.55 0.00 . /--/-- AIRGAS AIRGAS USA, LLC 9014841086 MIG WIRE - SHOP 99.32 0.00 . /--/-- ALL ALL CYCLE WASTE INC 2142733 DUMPSTER - LANDFILL 793.39 0.00 . /--/-- ALL ALL CYCLE WASTE INC 2138709 TRASH REMOVAL-HOLMES 87.73 0.00 . /--/-- AMAZON AMAZON.COM CORPORATE CREDIT 291312169996 BOOKS 13.76 0.00 . /--/-- AMAZON AMAZON.COM CORPORATE CREDIT 182148520662 BOOKS 51.86 0.00 • /--/-- AMAZON AMAZON.COM CORPORATE CREDIT 291310245873 BOOKS 56.98 0.00 /--/-- AMAZON AMAZON.COM CORPORATE CREDIT 291312650548 BOOKS 16.96 0.00 . /--/-- AQU AQUA-AEROBIC SYSTEMS INC 994461 SEWER PARTS 2020.90 0.00 . /--/-- ARNOLD ARNOLD & SCANGAS ARCHITECTS 13.16 JAN-FEB; 2ND FLOOR RENOV 1240.00 0.00 . /--/-- ARNOLD ARNOLD & SCANGAS ARCHITECTS 13.15 JAN-FEB; MAIN ENTRANCE 4340.00 0.00 . /--/-- ARNOLD ARNOLD & SCANGAS ARCHITECTS 12.85 SEPT-DEC; MAIN ENTRANCE 11545.00 0.00 . /--/- ARNOLD ARNOLD & SCANGAS ARCHITECTS 12.86 SEPT-DEC; 2ND FLOOR RENO 4873.85 0.00 . /--/- AT&T AT&T MOBILITY 973X04242013 FD MOBILE PHONES 175.91 0.00 . /--/-- AUTO AUTO ELECTRIC INC. 2575 ALTERNATOR PART 165.00 0.00 /--/-- BATTERYPL BATTERY'S PLUS 1621 CROWN BATTERY 374.85 0.00 /--/-- BEARIN BEARINGS SPECIALTY COMPANY INC 3363914 SETSCREW LOCK 36.51 0.00 . /--/- BEARIN 'BEARINGS SPECIALTY COMPANY INC 3364068 SMALL BORE SEAL 15.26 0.00 /--/-- BEARIN BEARINGS SPECIALTY COMPANY INC 3364395 RETURN SMALL BORE SEAL -15.26 0.00 /--/-- BIBENS SIRENS ACE 766013/3 RAKE 11.99 0.00 /--/-- BIBENS BIBENS ACE 765856/3 TAPE 14.99 0.00 . /--/-- BIBENS BIBENS ACE 765992/3 GLOVES 15.48 0.00 . /--/-- BIBENS BIBENS ACE 765866/3 GLOVE 8.99 0.00 . /--/-- BIBENS BIBENS ACE 765821/3 KNIVES 21.98 0.00 . /--/-- BIBENS BIBENS ACE 765740/3 GLOVES 12.99 0.00 . /--/-- SIBENS BIBENS ACE 765970/3 SUPPLIES 12.98 0.00 . /--/-- BIBENS BIBENS ACE 765993/3 RETURN - GLOVES -2.50 0.00 . /--/-- BIBENS BIBENS ACE 766018/3 GRASS SEED 18.99 0.00 . /--/-- BIBENS BIBENS ACE 765745/3 CONDUIT 7.47 0.00 . /--/-- BIBENS BIBENS ACE 766055/3 RATCHET 22.99 0.00 /--/- BIBENS BIBENS ACE 765996/3 CAULKGUN PISTON 4.99 0.00 . /--/-- BIBENS BIBENS ACE 765941/3 CLOTHING - METHOT 251.92 0.00 . /--/-- BIBENS BIBENS ACE 766043/3 MOWER BLADE 21.99 0.00 . /--/-- SIRENS SIRENS ACE 766021/3 WRENCHES 46.47 0.00 . /--/-- SIRENS BIBENS ACE 766139/3 GREEN UP DAY SIGN 23.19 0.00 . /--/-- BIBENS BIBENS ACE 766134/3 ADAPTER SOCKET 3.29 0.00 . /--/-- BIBENS BIBENS ACE 766194/3 BATTERY PHOTO 14.97 0.00 . /--/-- BIBENS BIBENS ACE 766115/3 BATTERY 19.96 0.00 . /--/-- SIRENS BIBENS ACE 765883/3 MAINTENANCE SUPPLIES 17.72 0.00 . /--/-- SIRENS BIBENS ACE 765948/3 MAINTENANCE SUPPLIES 13.48 0.00 . /--/-- BIBENS BIBENS ACE 766023/3 MISC. SUPPLIES 18.90 0.00 . /--/-- BIBENS BIBENS ACE 766024/3 THREADED ROD 8.09 0.00 . /--/-- BIBENS SIRENS ACE 766206/3 ROPE & EPDXY 10.78 0.00 . /--/-- BIBENS BIBENS ACE 766260/3 MOTOR OIL & BRUSH 16.57 0.00 . /--/-- BIBENS BIBENS ACE 766349/3 PLUG 17.99 0.00 . /--/-- SIRENS BIBENS ACE 766357/3 PLANT SUPPLIES 19.29 0.00 . /--/-- BORJA BORJA, LAURA 56668 REFUND - BABYSITTING 85.00 0.00 . /--/-- 05/02/13 City of South Burlington Accounts Payable Page 2 03:51 pm Check Warrant Report k cingalls Unpaid Invoices For Check Acct 1(GENERAL FUND) From / / To 05/06/2013 Purchase Discount Amount Check Check Vendor Invoice Invoice Description Amount Amount Paid Number Date BOUCHARDP BOUCHARD, PIERRE 56715 REFUND - BOOTCAMP 72.00 0.00 . /--/-- BOUND BOUND TREE MEDICAL, LLC 81058788 MEDICAL SUPPLIES 1115.17 0.00 . /--/-- BOUND BOUND TREE MEDICAL, LLC 81066024 MEDICAL SUPPLIES 1358.40 0.00 . /--/-- HOUND BOUND TREE MEDICAL, LLC 81058789 MEDICAL SUPPLIES 117.98 0.00 . /--/-- BOUND BOUND TREE MEDICAL, LLC 81048880 MEDICAL SUPPLIES 28.74 0.00 . /--/-- BOUND BOUND TREE MEDICAL, LLC 80959523 STAT PACKS 221.78 0.00 . /--/-- BOUND BOUND TREE MEDICAL, LLC 81068895 MED. EQUIPMENT - GRANT 3490.66 0.00 . /--/-- BOUND BOUND TREE MEDICAL, LLC 81070096 MEDICAL EQUIPMENT - GRAN 809.38 0.00 . /--/-- BOUND BOUND TREE MEDICAL, LLC 81062656 MEDICAL EQUIPMENT - GRAN 1279.31 0.00 /--/-- BRESNA BRESNAHAN, KAREN 56499 REFUND 6.00 0.00 . /--/-- BRIGGS BRIGGS, GLEN 56500 REFUND 5.00 0.00 . /--/-- BRISTOL BRISTOL HARBOR INN F73188 HOTEL 418.10 0.00 /--/-- BRISTOL BRISTOL HARBOR INN F73292 HOTEL 418.10 0.00 . /--/-- BUCKHUR BUCKHURST FISH & JACQUEMART IN 03055.00B-4 #03055.00B TRAFFIC REVIE 430.00 0.00 . /--/-- BURGLOSS BURGESS LOSS PREVENTION ASSOCI 2044 BACKGROUND CHECK - DORN 350.00 0.00 . /--/- BURLCO BURLINGTON COMMUNCIATIONS 20135554 REPAIR WORK 85.00 0.00 /--/- BURLCO BURLINGTON COMMUNCIATIONS 20135593 CHECKED SITE - WPC 85.00 0.00 . /--/-- CAMP PRE CAMP PRECAST CONCRETE PRODUCTS 24038 GRADE RINGS 150.00 0.00 . /--/- CANONSOL CANON SOLUTIONS AMERICA 472395 ANNUAL MAINTENANCE 252.86 0.00 . /--/-- CANONSOL CANON SOLUTIONS AMERICA 472371 QTRLY MAINTENANCE COLOR 120.88 0.00 . /--/- CANONSOL CANON SOLUTIONS AMERICA 472563 PD - QTRLY MAINTENANCE 209.62 0.00 . /--/-- CARPENTRA CARPENTER, AMIE 56427 REFUND - FIELD HOCKEY 30.00 0.00 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-32264 FILTERS 28.39 0.57 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-32265 AIR FILTER 15.76 0.32 . /--/-- CARQUE CARQUEST AUTO PARTS 11138-31881 WIRE/CABLE 9.99 0.20 . /--/-- CARQUE CARQUEST AUTO PARTS 11138-31861 OIL SEAL 16.20 0.32 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-32750 GLASS CLEANER 35.04 0.70 . /--/-- CARQUE CARQUEST AUTO PARTS 11138-31579 CUT OFF WHEEL 249.00 4.98 . /--/-- CARQUE CARQUEST AUTO PARTS 11138-31874 RETURN - CUT OFF WHEEL -224.10 -4.48 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-32689 FUEL FILTER 4.89 0.10 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-32334 GLASS CLEANER 35.04 0.70 • /--/-- CARQUE CARQUEST AUTO PARTS 11138-31361 STRIKER FLINT 5.89 0.12 • /--/-- CARQUE CARQUEST AUTO PARTS 11141-32357 PLUG - WEED WACKER 13.09 0.26 • /--/-- CARQUE CARQUEST AUTO PARTS 11138-31578 CUT OFF WHEEL 2.49 0.05 • /--/-- CARQUE CARQUEST AUTO PARTS 11141-32529 SHOP SUPPLIES 18.19 0.36 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-32646 SPRAY ADHESIVE 15.47 0.31 • /--/-- CARQUE CARQUEST AUTO PARTS 11141-32859 FILTERS 55.25 1.11 • /--/-- CARQUE CARQUEST AUTO PARTS 11141-32926 BRAKE PAD 64.06 1.28 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-32794 OIL FILTER 2.62 0.05 • /--/-- CARQUE CARQUEST AUTO PARTS 11141-32845 PLUG 2.45 0.05 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-32850 AIR FILTER 3.67 0.07 • /--/-- CARQUE CARQUEST AUTO PARTS 11138-32126 SHOCK 62.38 1.25 • /--/-- CARQUE CARQUEST AUTO PARTS 11138-32079 FLINT 5.89 0.12 • /--/-- CARQUE CARQUEST AUTO PARTS 11141-33035 TAPES 38.30 0.77 . /--/-- CARQUE CARQUEST AUTO PARTS 11138-32108 FUEL TANK REPAIR KIT 61.60 1.23 • /--/-- CARQUE CARQUEST AUTO PARTS 11141-32979 AIR FILTER 4.89 0.10 • /--/-- CARQUE CARQUEST AUTO PARTS 11138-32100 DEFECTIVE RETURN -5.89 -0.12 • /--/-- CARQUE CARQUEST AUTO PARTS 11141-33127 OIL - STOCK 22.02 0.44 • /--/-- CARQUE CARQUEST AUTO PARTS 11141-33208 PAINT 9.35 0.19 • /--/-- CARQUE CARQUEST AUTO PARTS 11141-33389 VARIOUS PARTS 63.75 1.27 • /--/-- 05/02/13 City of South Burlington Accounts Payable Page 3 03:51 pm Check Warrant Report # cingalls Unpaid Invoices For Check Acct l(GENERAL FUND) From / / To 05/06/2013 Purchase Discount Amount Check Check Vendor Invoice Invoice Description Amount Amount Paid Number Date. CARQUE CARQUEST AUTO PARTS 11138-32544 NUTS 7.14 0.14 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-33454 THERMOSTAT & GASKET 10.50 0.21 /--/-- CARQUE CARQUEST AUTO PARTS 11138-32395 SHOP SUPPLIES 23.64 0.47 . /--/-- CARQUE CARQUEST AUTO PARTS 11138-32491 ROLL PINS 25.50 0.51 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-33341 AIR FILTERS 18.02 0.36 . /--/-- CARQUE CARQUEST AUTO PARTS 11138-32756 FILTERS 56.78 1.14 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-33527 OIL & FUNNEL 40.77 0.82 . /--/-- CARQUE CARQUEST AUTO PARTS 11138-32762 PLUGS 9.51 0.19 . /--/-- CARQUE CARQUEST AUTO PARTS 11138-32764 LAMP 1.27 0.03 . /--/-- CARQUE CARQUEST AUTO PARTS 11138-32717 FILTERS 44.54 0.89 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-33807 BATTERY 53.99 1.08 . /--/-- CCR SATES CCR SALES AND SERVICE LLC 6286 ROLLER SCALP 37.18 0.00 . /--/-- CCR SALES CCR 4AT.PS AND SERVICE LLC 6273 BLADE ROLLER 133.81 0.00 . /--/-- CHAPMAMJI CHAPMAN, JILL 56436 REFUND - SAT BOOTCAMP 187.00 0.00 . /--/-- CHARLE CHARLEBOIS INC IC64888 FILTER KITS 113.76 0.00 . /--/-- CHARLI CHARLEBOIS TRUCK PARTS INC 1231050060 JUNCTION BOX 12.87 0.00. . /--/-- CHARLI CHARLEBOIS TRUCK PARTS INC 1231080021 VEHICLE PARTS 66.96 0.00 . /--/-- CHARLI CHARLEBOIS TRUCK PARTS INC 1231120064 HYDRAULIC HOSE 147.56 0.00 . /--/-- CHICKANOS CHICKANOSKY, VALERIE 56501 REFUND 8.00 0.00 . /--/-- CHICOINES CHICOINE'S PLUMBING & HEATING 04022013 PLUMBING SUPPLIES 794.00 0.00 . /--/-- CHITRE CHITTENDEN COUNTY REGIONAL PLA 3683 BYWAY SIGN 33.95 0.00 . /--/-- CHITRS CHITTENDEN COUNTY REGIONAL SOL IVC019699 ELECTRICAL LANDFILL 706.42 0.00 . /--/-- CHITRS CHITTENDEN COUNTY REGIONAL SOL IVC019712 BIOSOLIDS - MARCH 15407.17 0.00 . /--/-- CJNVT CJNVT 1001 CONF. REG- GUYETTE/WEAVE 260.00 0.00 . /--/-- CLARKS CLARK'S TRUCK CENTER 321539 BELT 60.38 0.00 . /--/-- CLARKS CLARK'S TRUCK CENTER 321999 TREAD - BUS 111.80 0.00 . /--/-- CLARKS CLARK'S TRUCK CENTER 321731 TENSIONER 72.41 0.00 . /--/-- CLARKS CLARK'S TRUCK CENTER 322312 GLASS 92.33 0.00 . /--/-- CLAUSS CLAUSSEN ENTERPRISES INC 145665 FLOWERS - FRONT DOOR 72.16 0.00 . /--/-- CLH C.L.H. & SONS INC. 4884A SPEAR ST-POTASH BROOK 98746.00 0.00 . /--/-- COIL COIL RECORDS 07252013 CHILDREN'S CONCERT 225.00 0.00 . /--/-- COMCAST COMCAST 05010531H013 STATION#2 CABLE 5.99 0.00 . /--/-- COMCAST COMCAST 05010531F13 STATION #1 INTERNET/CABL 170.43 0.00 . /--/-- COULMANB COULMAN, BRAD 56502 REFUND ON HOUSEHOLD ACCT 50.00 0.00 . /--/-- CRYSTAL CRYSTAL ROCK LLC 03312013CH CITY HALL BOTTLED WATER 34.55 0.00 . /--/-- CVCPAGING CENTRAL VERMONT COMMUNICATIONS 10279471 AIRTIME FEE 11.25 0.00 . /--/-- D MEIR D & M FIRE & SAFETY EQUIPMENT 030901 ANNUAL INSPECTION 176.00 0.00 . /--/-- DE LACE DE LAGS LANDEN FINANCIAL SERVI 17797450 2ND FLOOR COPIER 356.07 0.00 . /--/-- DEMCO DEMCO INC 4940685 SUPPLIES 110.50 0.00 . /--/-- EARLS EARL'S CYCLERY and FITNESS 042313142212 TUNE-UP CLASS 230.00 0.00 . /--/-- ENCORE ENCORE REDEVELOPMENT 302-30-01-3 3rd PAYMENT DORSET SOLAR 83700.00 0.00 . /--/-- ENGRAVE ENGRAVING BENCH & FINE GIFTS 12312 PHOTO PLAQUES & ENGRAVE 216.00 0.00 . /--/-- ENVRES ENVIRONMENTAL RESOURCE ASSOCIA 685718 PH, WASTEWATER 203.00 0.00 • /--/-- ENVRES ENVIRONMENTAL RESOURCE ASSOCIA 685714 COLIFORM, PH, SOLIDS 558.46 0.00 . /--/-- ESSEQI ESSEX EQUIPMENT INC 10505929 ASPHALT CUTTER 82.96 0.00 . /--/-- ESSEQI ESSEX EQUIPMENT INC 10506364 PAVING WHEELBARROW 130.00 0.00 • /--/-- ESSEQI ESSEX EQUIPMENT INC 10506835 TREE STAKES & MULCH FORK 171.61 0.00 . /--/-- ESSEQI ESSEX EQUIPMENT INC 10507099 NUTS/BOLTS/WASHERS 15.00 0.00 . /--/-- ESSEQI ESSEX EQUIPMENT INC 10506365 WHEELBARROW TIRE 36.00 0.00 . /--/-- FAIRPOINT FAIRPOINT COMMUNICATIONS, INC. 2-6503F-M13 STATION #1 #2 INTERCOM 109.66 0.00 . /--/-- 05/02/13 City of South Burlington Accounts Payable Page 4 03:51 pm Check Warrant Report # cingalls Unpaid Invoices For Check Acct 1(GENERAL FUND) From / / To 05/06/2013 Purchase Discount Amount Check Check Vendor Invoice Invoice Description Amount Amount Paid Number Date FALCON FALCON PLUMBING SERVICES, INC. 898517 BURST PIPES-DORSET PARK 957.00 0.00 /--/-- FINAL FINAL CONNECTION 11892 SET UP OF NEW OFFICES 1966.00 0.00 . /--/-- FISHER FISHER SCIENTIFIC COMPANY 2722311 LAB SUPPLIES 125.79 0.00 . /--/-- FITZPATR FITZPATRICK, JAMES 04102013 REIMBURSE-HUNT & FISH LI 38.00 0.00 . /--/- G & K SER G & K SERVICES 1295699450 UNIFORMS 91.82 0.00 . /--/-- G & K SER G & K SERVICES 1295701978 UNIFORMS 98.57 0.00 . /--/-- G & K SER G & K SERVICES 1295704516 UNIFORMS 96.66 0.00 . /--/- G & K SER G & K SERVICES 1295707686 UNIFORMS 259.22 0.00 . /--/- GALIINGKH GALINGKHA, IHAMO 56434 REFUND - FIELD HOCKEY 30.00 0.00 . /--/-- GALLS GALLS, LLC 534187 UNIFORMS 18.63 0.00 /--/-- rALTS GALLS, LLC 514973 UNIFORMS 93.50 0.00 /--/-- GALLS GALLS, LLC 521660 UNIFORMS 204.00 0.00 . /--/-- GARDENERS GARDENERS SUPPLY WILLISTON 89358 COMPOST 135.00 0.00 . /--/-- GERLACK GERLACK, AMANDA 56480 REFUND - NEC JR CAMP 35.00 0.00 . /--/-- GILBERTJ GILBERT, JEREMIAH 56527 REFUND - REC TEEN CAMP 23.00 0.00 . /--/-- GLIDDEN AKZO NOBEL PAINTS LLC 034103014175 FIELD MARKING 380.10 0.00 . /--/-- GLIDDEN AKZO NOBEL PAINTS LLC 034101004003 PAINT 155.96 0.00 . /--/-- GLIDDEN AKZO NOBEL PAINTS LLC 034101004046 PAINT & MASK 124.57 0.00 . /--/-- GLUCK GLUCK, BRENDA 56716 REFUND - BOOTCAMP 72.00 0.00 . /--/-- GMWEA G.M.W.E.A. 05232013 SPRING MEETING 255.00 0.00 . /--/-- GOT THAT GOT THAT RENTAL & SALES, INC. 01-088586-01 GRADE STAKES 63.00 0.00 . /--/-- GOT THAT GOT THAT RENTAL & SALES, INC. 01-088556-01 FUEL FILTERS & VEST 20.43 0.00 /--/-- GOT THAT GOT THAT RENTAL & SALES, INC. 01-088651-02 POST HOLE DIGGER 118.00 0.00 . /--/-- GOT THAT GOT THAT RENTAL & SALES, INC. 01-089603-03 71.75 0.00 . /--/-- GRACED GRACE, DAVID 56405 REFUND - SQUIRTS SPORTS 86.00 0.00 . /--/-- GREATLIFE GREAT WEST LIFE 04252013 REFUND -PAID IN ERROR 537.80 0.00 . /--/-- GREENLIGH GREEN LIGHTS ENERGY, INC. 8611 LED FIRE STATION 80.00 0.00 . /--/-- GREEPW GREEN MOUNTAIN POWER CORPORATI 31855APR13 MILL POND LN PUMP 204.28 0.00 . /--/-- GREEPW GREEN MOUNTAIN POWER CORPORATI 00040APR13 911 DORSET ST PUMP STAT 16.06 0.00 . /--/-- GREEPW GREEN MOUNTAIN POWER CORPORATI 90476APR13 T/L WILLISTON RD/DORSET 37.80 0.00 . /--/-- GREEPW GREEN MOUNTAIN POWER CORPORATI 80476APR13 T/L SWIFT ST/FARRELL ST 9.42 0.00 . /--/-- GREEPW GREEN MOUNTAIN POWER CORPORATI 75731APR13 702 T/L U MALL/ DORSET S 340.56 0.00 . /--/-- GREEPW GREEN MOUNTAIN POWER CORPORATI 11830APR13 T/L DORSET/SWIFT-SOLAR 154.74 0.00 /--/-- GREEPW GREEN MOUNTAIN POWER CORPORATI 18931APR13 T/L DORSET/KENNEDY-SOLAR 526.30 0.00 . /--/-- GREEPW GREEN MOUNTAIN POWER CORPORATI 45514APR13 LAUREL HILL DR STORM STA 21.18 0.00 . /--/-- GREEPW GREEN MOUNTAIN POWER CORPORATI 785961APR13 STREETLIGHTS 10332.95 0.00 . /--/-- GREEPW GREEN MOUNTAIN POWER CORPORATI 885961APR13 PUMP STATIONS 3751.22 0.00 • /--/-- GREEPW GREEN MOUNTAIN POWER COR.PORATI 006961APR13 ALLEN RD/SPEAR ST T/L 2122.72 0.00 • /--/-- GREEPW GREEN MOUNTAIN POWER CORPORATI 106961APR13 REC DEPARTMENT 390.58 0.00 . /--/-- GROEN GROEN, CHRISTOPHER & JULIE 04162013 REFUND - PENALTY WAIVED 218.27 0.00 . /--/-- GSM GSM ENTERPRISES, INC. 230416002 VEHICLE REPAIR 335.05 0.00 . /--/-- GSM GSM ENTERPRISES, INC. 230412008 VEHICLE REPAIR & MAINTEN 180.79 0.00 . /--/-- GSM GSM ENTERPRISES, INC. 230409003 VEHICLE MAINTENANCE - 56.08 0.00 • /--/-- GSM GSM ENTERPRISES, INC. 230408003 VEHICLE MAINTENANCE 91.29 0.00 . /--/-- GSM GSM ENTERPRISES, INC. 230403003 VEHICLE REPAIR 114.85 0.00 • /--/-- GSM GSM ENTERPRISES, INC. 230405001 VEHICLE MAINTENANCE 94.57 0.00 • /--/-- GSM GSM ENTERPRISES, INC. 230412001 VEHICLE MAINTENANCE 50.69 0.00 • /--/-- GSM GSM ENTERPRISES, INC. 230415003 VEHICLE REPAIR 141.48 0.00 . /--/-- GUAYJ GUAY, JOE 04302013 FIELD MAINTENANCE 1600.00 0.00 . /--/-- GUERRERO GUERRERO, LISA 04232013 ZUMBA PUNCH PASS - APRIL 150.00 0.00 . /--/-- 05/02/13 City of South Burlington Accounts Payable Page 5 03:51 pm Check Warrant Report # cingalls Unpaid Invoices For Check Acct 1(GENERAL FUND) From / / To 05/06/2013 Purchase Discount Amount Check Check Vendor Invoice Invoice Description Amount Amount Paid Number Date HACH HACH COMPANY 8241855 LAB SUPPLIES 76.53 0.00 . /__/__ HALLS HALL'S HITCHES AND WELDING 28776 PARTS 33.00 0.00 . /--/_- HALLS HALL'S HITCHES AND WELDING 28777 SHACKLES 12.00 0.00 . /__/__ HANNAFD HANNAFORD CHARGE SALES 8816 DISTILLED WATER 36.45 0.00 . /--/-- HANNAFD HANNAFORD CHARGE SALES 8394 DISTILLED WATER 11.61 0.00 . /-_/-_ HANNAFD HANNAFORD CHARGE SALES 2642 VEGETABLE OIL 63.12 0.00 /__/-_ HARRIS HARRIS & SONS INC, A H 2468080-00 SONOTUBES 69.00 0.00 . /__/__ HARVEST HARVEST EQUIPMENT IW03067 MOWER BLADES 211.86 0.00 . /--/-- HAUN HAUN SPECIALTY GASES, INC 8958421 OXYGEN 20.50 0.00 /--/-- HAUN HAUN SPECIALTY GASES, INC 8942128 OXYGEN 29.50 0.00 . /__/__ HAUN HAUN SPECIALTY GASES, INC 8950360 OXYGEN 32.00 0.00 /__/__ HERSHCART HERSHENSON, CARTER, SCOTT & MC 16357 LEGAL - RUTLAND MS4 236.06 0.00 . /__/__ HILLM HILL, MILDRED 56603 REFUND - SPRING TRIP 50.00 0.00 /__/__ HOYLE HOYLE, TANNER & ASSOCIATES INC 0051451 PROJ: 107838 APWWTF 220.00 0.00 . /__/__ HOYLE HOYLE, TANNER & ASSOCIATES INC 0051452 PROJ: 107850 PROF - MARC 9662.44 0.00 . /_-/__ HOYLE HOYLE, TANNER & ASSOCIATES INC 0051457 PROJ: 107845 GIS SUPPORT 1560.00 0.00 . /--/__ HOYLE HOYLE, TANNER & ASSOCIATES INC 0051458 PROJ: 107852 MAYFAIR PAR 4860.00 0.00 /__/__ HOYLE HOYLE, TANNER & ASSOCIATES INC 0051456 PROJ: 107814 GEN. CONSUL 1827.50 0.00 /__/__ INGRAM INGRAM LIBRARY SERVICES 60548301 BOOKS 7.05 0.00 /--/-- INGRAM INGRAM LIBRARY SERVICES 60548302 BOOKS 13.18 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60548303 BOOKS 14.30 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60548304 BOOKS 30.19 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60548305 BOOKS 13.75 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60548306 BOOKS 9.34 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 66370607 BOOKS 13.72 0.00 . /_-/_- INGRAM INGRAM LIBRARY SERVICES 60548307 BOOKS 74.19 0.00 /_-/__ INGRAM INGRAM LIBRARY SERVICES 60548308 BOOKS 22.59 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60548309 BOORS 31.29 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60548300 BOOKS 231.88 0.00 . /_-/__ INGRAM INGRAM LIBRARY SERVICES 60548794 BOOKS 218.10 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60548793 BOOKS 149.54 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60551048 BOOKS 15.40 0.00 /--/-- INGRAM INGRAM LIBRARY SERVICES 60551046 BOOKS 16.47 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60551053 BOOKS 39.56 0.00 /--/-- INGRAM INGRAM LIBRARY SERVICES 60551051 BOOKS 20.63 0.00 /--/_- INGRAM INGRAM LIBRARY SERVICES 60551044 BOOKS 103.79 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60551045 BOOKS 30.19 0.00 /--/_- INGRAM INGRAM LIBRARY SERVICES 60551047 BOOKS 14.29 0.00 /--/-- INGRAM INGRAM LIBRARY SERVICES 60551050 BOOKS 13.20 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60551052 BOOKS 13.74 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60551049 BOOKS 2.35 0.00 /__/_- INGRAM INGRAM LIBRARY SERVICES 60553862 BOOKS 15.37 0.00 /--/_- INGRAM INGRAM LIBRARY SERVICES 60555643 BOOKS 8.85 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 66374633 BOOKS 100.00 0.00 /__/_- INGRAM INGRAM LIBRARY SERVICES 60553667 BOOKS 52.39 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60555641 BOOKS 41.31 0.00 • /--/_- INGRAM INGRAM LIBRARY SERVICES 66374642 BOOKS 28.82 0.00 • /--/-- INGRAM INGRAM LIBRARY SERVICES 60553863 BOOKS 10.59 0.00 • /__/__ INGRAM INGRAM LIBRARY SERVICES 60555637 BOOKS 87.37 0.00 /--/-- INGRAM INGRAM LIBRARY SERVICES 60555639 BOOKS 14.27 0.00 • /-_/__ 05/02/13 City of South Burlington Accounts Payable Page 6 03:51 pm Check Warrant Report # cingalls Unpaid Invoices For Check Acct 1(GENERAL FUND) From / / To 05/06/2013 Purchase Discount Amount Check Check Vendor Invoice Invoice Description Amount Amount Paid Number Data INGRAM INGRAM LIBRARY SERVICES 60555640 BOOKS 27.99 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60555642 BOOKS 23.14 0.00 . /__/__ INGRAM INGRAM LIBRARY SERVICES 66374632 BOOKS 33.60 0.00 . /__/__ INGRAM INGRAM LIBRARY SERVICES 60553861 BOOKS 14.82 0.00 . /__/__ INGRAM INGRAM LIBRARY SERVICES 60553860 BOOKS 106.32 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60553865 BOOKS 28.59 0.00 . /__/__ INGRAM INGRAM LIBRARY SERVICES 60553866 BOOKS 9.41 0.00 . /__/__ INGRAM INGRAM LIBRARY SERVICES 60554546 BOOKS 50.02 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60553864 BOOKS 21.99 0.00 . /__/__ INGRAM INGRAM LIBRARY SERVICES 60555638 BOOKS 21.99 0.00 . /--/__ INGRAM INGRAM LIBRARY SERVICES 60555644 BOOKS 267.91 0.00 . /__/__ INGRAM INGRAM LIBRARY SERVICES 60554548 BOOKS 227.20 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60554547 BOOKS 313.96 0.00 . /__/__ INTASCF INTERNATIONAL ASSOC OF FIRE CH 13/14 MEMBERSHIP DUES 214.00 0.00 . /--/-- IRELAND IRELAND COMPANIES, S.D. 327147 SEWER COVER 320.00 0.00 . /--/-- IRELAND IRELAND COMPANIES, S.D. 327132 GRADE RING-CHAMBER SCHOO 68.80 0.00 . /-_/__ IRELAND IRELAND COMPANIES, S.D. 32478 EXTERIOR MIX-DORSET & MI 699.00 0.00 . /__/__ J A PUMP J & A PUMP AND MOTOR SERVICES, 6960PUMP - KENNEDY/TIMBER 567.66 0.00 /__/__ J C J C IMAGE, INC. 00014756 JACKET - PAROT 51.98 0.00 . /__/__ J C J C IMAGE, INC. 00014731 JACKET EMBROIDERY 79.96 0.00 . /--/-- JOHANSENK JOHANSEN, KIM 56652 INSTRUCTOR - HORSEMANSHI 880.00 0.00 . /__/__ KEOGHC KEOGH, CHRISTINE 04162013 OVERPAID DOG LICENSE 6.00 0.00 . /__/__ KERSHN KERSHNER SIGNS 4670 WQ TRUCK DETAILING DECAL 180.00 0.00 /__/__ LAKECH LAKE CHAMPLAIN REGIONAL 40661 ANNUAL CONTRIBUTION 4000.00 0.00 . /__/__ LAMOUR LAMOUREUX & DICKINSON 36766 STP 5200(18)-RTE 2/ I-89 574.55 0.00 . /__/__ LAROSEC LAROSE, CHRISTOPHER & JILL 04152013 REFUND TAXES - PAID TWIC 2222.13 0.00 /__/__ LENNY LENNY'S SHOE AND APPAREL 50715 CLOTHING - PLANTIER 113.09 0.00 . /__/__ LENNY LENNY'S SHOE AND APPAREL 50432 RAIN SUIT - NOONAN 256.00 0.00 . /--/-_ LENNY LENNY'S SHOE AND APPAREL 50709 SHOES - GOODYEAR 188.00 0.00 . /__/__ LIMOGE LIMOGE & SONS GARAGE DOORS INC 41491TE REPAIR DOOR - HOLMES RD 68.95 0.00 /__/__ LUCKYPUP LUCKY PUPPIES DOG DAYCARE & BO 14131 INCIDENT #13SB005688 10.00 0.00 /__/__ MARCO MARCO'S PIZZERIA 03052013 PIZZA - ELECTION WORKERS 54.12 0.00 . /__/__ MEMBERS MEMBERS ADV. COMMUNITY CREDIT 04252013 REIMBURSE-TECHNICAL FEES 70.00 0.00 /--/-- MEMON MEMON, ASIM 56429 REFUND - FIELD HOCKEY 30.00 0.00 . /-_/__ MERRICKS MERRICK, SUSIE 04112013 REIMBURSE-PACT AWARD DIN 261.96 0.00 . /--/-- MUNNS MUNNS, MARY 56437 REFUND - SAT BOOTCAMP 187.00 0.00 . /__/__ MURAKAMI MURAKAMI, MIGUEL 56438 REFUND - SAT BOOTCAMP 187.00 0.00 • /--/__ NATLAW NATIONAL LAW ENFORCEMENT SUPPL 90221 DO NOT CROSS ROLLS 187.76 0.00 , /__/__ NATLAW NATIONAL LAW ENFORCEMENT SUPPL 90330 BCI SUPPLIES 48.77 0.00 . /__/__ NEMUNI NEW ENGLAND MUNICIPAL RESOURCE 04292013SEM TOWN CLERK SEMINAR 55.00 0.00 /__/__ NENNINGER HENNINGER, PAULA 56491 REFUND - BALANCE 20.00 0.00 . /__/__ NORSTUD NORWICH STUDIES & ANALYSIS INS 04192013 EVIDENCE-BASED SEMINAR # 637.00 0.00 . /__/__ O'NEILM O'NEIL, MARY 56503 REFUND - BALANCE 13.00 0.00 /--/-- OFFESS OFFICE ESSENTIALS OF VERMONT 28409 ENVELOPES 10.99 0.00 . /--/-- OFFESS OFFICE ESSENTIALS OF VERMONT 28410 RETURN ENVELOPES -9.95 0.00 • /--/-- OFFESS OFFICE ESSENTIALS OF VERMONT 28464 TONER 84.82 0.00 /--/-- OFFESS OFFICE ESSENTIALS OF VERMONT 28477 RECEIPT BOOK 17.58 0.00 . /--/-- OFFESS OFFICE ESSENTIALS OF VERMONT 28478 CHAIR MAT & FAX TONER 62.63 0.00 . /--/-- OFFESS OFFICE ESSENTIALS OF VERMONT 28479 PAPER 62.38 0.00 • /--/-- OFFESS OFFICE ESSENTIALS OF VERMONT 28179 PAPER 139.96 0.00 • /__/__ 05/02/13 City of South Burlington Accounts Payable Page 7 03:51 pm Check Warrant Report # cingalls Unpaid Invoices For Check Acct 1(GENERAL FUND) From / / To 05/06/2013 Purchase Discount Amount Check Check Vendor Invoice Invoice Description Amount Amount Paid Number Date OFFESS OFFICE ESSENTIALS OF VERMONT 28431 HIGHLIGHTERS 13.58 0.00 . /--/-- OFFESS OFFICE ESSENTIALS OF VERMONT 28480 TAPE 26.34 0.00 . /__/__ OBr'SSS OFFICE ESSENTIALS OF VERMONT 28411 OFFICE SUPPLIES 82.60 0.00 . /-_/__ ORKIN ORKIN EXTERMINATING COMPANY IN 82886460 FIRE APRIL SERVICE 140.52 0.00 . /--/-- OTHER OTHER PAPER 4412 AD - DRB LEGAL NOTICE 58.00 0.00 . /__/__ OTHER OTHER PAPER 4397 ADS - CAMP & RED ROCKS 596.00 0.00 . /--/-- P P P & P SEPTIC SERVICE INC 90768 TOILET RENTAL 100.00 0.00 . /--/__ P P P & P SEPTIC SERVICE INC 90769 TOILET RENTAL 100.00 0.00 /--/-- PARTAC PARTAC PEAT CORPORATION 2013-24340 INFIELD MIX 2614.56 0.00 . /__/__ PRATTSMIT PRATT & SMITH, INC 4895 CHECK PUMP STATION 139.36 0.00 . PRATTSMIT PRATT & SMITH, INC 4901 CIDER MILL PUMP STATION 65.00 0.00 . /--/ PRATTSMIT PRATT & SMITH, INC 4902 WQ REPAIR PUMP STATION 65.00 0.00 . /--/__ PRECI PRECISION AUTO INC, R M 4734 WINDSHIELD 451.68 0.00 . /--/-- PRIAC PRIAC IN-015262MAR PLAN FEES-MAR 2013 4432.50 0.00 . /--/-- QCSTEE QUEEN CITY STEEL COMPANY 195805 STEEL 242.20 0.00 . /--/-- QCSTEE QUEEN CITY STEEL COMPANY 195879 REPAIR PARTS 25.00 0.00 . /--/-- QCSTEE QUEEN CITY STEEL COMPANY 195830 STEEL 43.50 0.00 . /--/-- QCSTEE QUEEN CITY STEEL COMPANY 196077 SHEARING & BENDING 20.00 0.00 . /-_/__ RADION RADIO NORTH GROUP INC 24130857 BATTERY CHARGER & BATTER 1105.00 0.00 /-_/-_ RADION RADIO NORTH GROUP INC 24130792 RADIO PARTS 207.00 0.00 . /--/-_ RADION RADIO NORTH GROUP INC 24130802 RADIO EQUIPMENT REPAIR 496.00 0.00 . /__/__ RADION RADIO NORTH GROUP INC 24130807 ANTENNA 24.00 0.00 . /-_/__ RATTU RATTU, GURDIAL 56646 REFUND ON par,aNCE 25.00 0.00 . /__/-_ REIT DE REIT DE SALAS, SUSAN 05052013 LULLABY CONCERT 60.00 0.00 . /--/-- RELIANT RELIANT ELECTRIC WORKS INC 27917 RECEPTACLES FOR W/D 695.00 0.00 . /--/-- REM R.E.M. DEVELOPMENT COMPANY, LL 04152013 MARCH COMMON FEES 2902.15 0.00 . /__/-_ REYNOL REYNOLDS AND SON INC 3196538 REPAIRED CHAIN SLING 191.22 0.00 . /-_/__ REYNOL REYNOLDS AND SON INC 3197119 BATTERY ASSEMBLY 151.13 0.00 . /__/__ ROGERW ROGER WILLIAMS UNIVERSITY 2796 SUPERVISOR COURSE-JAGER 1500.00 0.00 . /-_/-- ROSEK ROSE, KERIN 56734 REFUND - GARDEN PLOT 50.00 0.00 . /_-/-- SAMMEL SAMMEL SIGN COMPANY 3783 SIGN PROJECT RE-DESIGN 1300.00 0.00 . /--/-- SANEL SANEL AUTO PARTS INC 13516364 WIRE 19.15 0.00 . /--/-- SANEL SANEL AUTO PARTS INC 135E7794 TOGGLE SWITCH 33.46 0.00 . /--/-- SANEL SANEL AUTO PARTS INC 13S03217 EXHAUST FLUID 65.60 0.00 . /--/-- SANEL SANEL AUTO PARTS INC 13SF4338 HEAT SHRINK RING 20.42 0.00 . /--/-- SANEL SANEL AUTO PARTS INC 13SF0366 SPLIT FLEX TUBING 5.44 0.00 . /--/__ SBCOLLINS SBCOLLINS, INC 216149 DIESEL FUEL 16227.79 0.00 . /__/-_ SECU SECURSHRED 141569 CITY HALL SHREDDING 22.50 0.00 . /-_/-- SIG SIGN A RAMA 27263 SIGNS & NAME PLATES 87.00 0.00 . /--/-- SIGNAL SIGNALS RYG,INC 1486 STREET LIGHT REPAIR 4205.17 0.00 . /__/-_ SIMOU SIMOU, STANLEY 04162013 REFUND - PENALTY WAIVED 73.64 0.00 . /--/-- SMITHS SMITH'S SPORTS CONNECTION, KEV 200392 LITTLE LEAGUE BASE SET 256.00 0.00 . /__/__ SPEAR SPEAR STREET MOWER SPECIALTIES 6702 THROTTLE CARTE 31.99 0.00 • /_-/_- STA STATE OF VERMONT 4124-9010.R SW - RUNOFF - WHITE ROCK 301.60 0.00 • /__/_- STAPL STAPLES BUSINESS ADVANTAGE 8025251095 OFFICE SUPPLIES 20.34 0.00 • /__/__ STAPL STAPLES BUSINESS ADVANTAGE 8025324464 MEMBERSHIP CARDS 30.08 0.00 . /_-/-_ STAPL STAPLES BUSINESS ADVANTAGE 8025251097 OFFICE SUPPLIES 150.61 0.00 . /--/_- STAPL STAPLES BUSINESS ADVANTAGE 8025397218 OFFICE SUPPLIES 57.97 0.00 . /__/-_ STAPL STAPLES BUSINESS ADVANTAGE 8025324465 OFFICE SUPPLIES 130.89 0.00 . /__/-_ STAPL STAPLES BUSINESS ADVANTAGE 8025251096 MISC. OFFICE SUPPLIES 210.22 0.00 . /-_/__ 05/02/13 City of South Burlington Accounts Payable Page 8 03:51 pm Check Warrant Report # cingalls Unpaid Invoices For Check Acct 1(GENERAL FUND) From / / To 05/06/2013 Purchase Discount Amount Check Check Vendor Invoice Invoice Description Amount Amount Paid Number Date STAPLES STAPLES CREDIT PLAN 3901562001 OFFICE SUPPLIES 73.94 0.00 /__/__ STAZIR STAZI, REBECCA 56689 REFUND - BALANCE 75.00 0.00 . /_-/-- STEFFEN STEFFEN, DONNA 56650 REFUND - HORSEMANSHIP 100.00 0.00 . /__/-_ STITZ STITZEL, PAGE & FLETCHER, P.C. 22554 FEBRUARY 2013 42961.16 0.00 . /--/-- SWEET SWEET, ELLEN 04262013 OVERPAID DOG REGISTRATIO 6.00 0.00 /--/_- TARVER TARVER, SARAH 56504 REFUND - BALANCE 25.00 0.00 /-_/-_ TAYLORT TAYLOR, TONI 56575 REFUND - SPRING TRIP 62.00 0.00 . /__/__ TECHGROUP TECH GROUP 60916 DELL OPTIPLEX 880.00 0.00 . /--/_- TECHGROUP TECH GROUP 60960 COMPUTER REPAIRS - PD 337.50 0.00 . /__/_- TERRASI TERRASI, LINDA 04222013 OVERPAID DOG LICENSE 6.00 0.00 . /_-/__ TURNERM TURNER, MONIKA 56751 REFUND-MUSIC THEATRE CAM 125.00 0.00 /-_/_- UNIFIRST UNIFIRST CORPORATION 036 1543787 MAT CLEANING 72.30 0.00 . /__/_- UNIFIRST UNIFIRST CORPORATION 036 1546368 MAT CLEANING 72.30 0.00 . /-_/_- UNITROT UNITED ROTARY BRUSH CORPORATIO CI140602 GUTTER BROOMS 190.97 0.00 . /--/-- UPS UPS STORE #1107 11634 SHIPPING 28.13 0.00 . /--/-- US BANK U.S. BANK 05062013 VMBBSOU219 - DEBRA RUCKE 207684.90 0.00 /_-/_- VANASSE VANASSE HANGEN BRUSTLIN, INC. 0162047 PROJ: 51658.01; MARKET S 25509.31 0.00 /__/__ VANASSE VANASSE HANGEN BRUSTLIN, INC. 0160810 PROJ 51658.01; MARKET ST 16356.20 0.00 • /-_/_- VANBUS VANBUSKIRK, DAVID PO41891 REIMBURSE FOUND LOST BOO 39.99 0.00 . /--/-- VCJTC VCJTC - VERMONT CRIMINAL JUSTI 13049286 SCIENTIFIC & LINGUISTICS 102.00 0.00 . /_-/__ VER IZON VERIZON WIRELESS 2901223220 CELL PHONE - JUSTIN 108.47 0.00 VER IZON VERIZON WIRELESS 9703342242 FD PHONES 115.56 0.00 • /--/-- VER IZON VERIZON WIRELESS 9703407630 PD - PHONES 1101.05 0.00 /__/-_ VER IION VERIZON WIRELESS 9703410130 REC PHONES 148.32 0.00 • /__/__ VERCAR VERMONT CAREER FIRE CHIEFS' AS 05032013 SEMINAR-BRENT 75.00 0.00 • /__/_- VERCHA VERMONT CHAPTER OF IAAI FRANCIS4-13 FORENSIC SEMINAR 30.00 0.00 • /_-/-- VERCUS VERMONT CUSTOM SHEET METAL COM 16840 WELD - PARKS GOAL NET 60.00 0.00 • /__/-_ VERGAS VERMONT GAS SYSTEMS INC 190006-7A13 208 LANDFILL - GARAGE 1299.32 0.00 /__/__ VERGAS VERMONT GAS SYSTEMS INC 190008-3A13 LANDFILL RD. - OFFICE 1280.53 0.00 ° /--/-- VERGAS VERMONT GAS SYSTEMS INC 40515-9APR13 GROUP INV. #11333 10529.13 0.00 • /__/_- VERLG1 VERMONT LEAGUE OF CITIES & TOW 2013-12842 GOVERNMENT DAY 200.00 0.00 /__/-_ VERLG2 VERMONT LEAGUE OF CITIES & TOW 2013-13260 HR WORKSHOP - JUSTIN 60.00 0.00 • /-_/-_ VERMHI VERMONT MUNICIPAL HIGHWAY ASSO RABIDOUX13 ANNUAL DUES 13 10.00 0.00 . /--/-- VERSFIR VERMONT FIRE ACADEMY 04112013 FIRE - STUDENT MANUALS 216.00 0.00 • /-_/-_ VERSYS VERMONT SYSTEMS INC 39364 TELEPHONE/WEBEX 300.00 0.00 • /__/-- VERTIR VERMONT TIRE & SERVICE INC 147732 TIRE TUBE 103.07 0.00 • /--/-- VERTIR VERMONT TIRE & SERVICE INC 148837 FLAT REPAIR 30.00 0.00 /__/_- VERTRO VERMONT TROPHY & ENGRAVING INC 58515 PLAQUES - DOOLEY/ENGELS 248.30 0.00 . /--/-- VIDACARE VIDACARE CORPORATION 79355 MEDICAL EQUIPMENT =GRANT 789.75 0.00 • /-_/-- WAGNER WAGNER, JOAN 56339 REFUND - HENNA DESIGN 35.00 0.00 /__/-_ WAHEEDW WAHEED, WAGAR 56430 REFUND - FIELD HOCKEY 30.00 0.00 ° /_-/__ WANGJ WANG, JIERU 56433 REFUND - FIELD HOCKEY 30.00 0.00 • /--/__ WARRENL WARREN, LAUREL 56431 REFUND - FIELD HOCKEY 30.00 0.00 • /_-/_- WARSHAW WARSHAW, PATRICIA 56439 REFUND - SAT BOOTCAMP 156.00 0.00 • /--/-- WHAT WHAT'S UP 6659 KITES 117.51 0.00 /__/__ WHITCO WHITCOMB CONSTRUCTION CORPORAT 00642686 CRUSHED STONE 99.07 0.00 • /__/-- WHITCO WHITCOMB CONSTRUCTION CORPORAT 00642757 SHUR PAC 137.07 0.00 . /-_/_- WHITCO WHITCOMB CONSTRUCTION CORPORAT 00642822 SHUR PAC 133.60 0.00 . /--/_- WHITEBR WHITE, BRIGETTE 56432 REFUND - FIELD HOCKEY 30.00 0.00 . /_-/-- WHITER WHITE RIVER PAPER COMPANY 531759 GARBAGE BAGS 81.74 0.00 /__/-_ O5/02/13 City of South Burlington Accounts Payable 03:51 pm Page 9 Check Warrant Report N cingalls Unpaid Invoices For Check Acct 1(GENERAL FUND) From / / To 05/06/2013 Purchase Discount Amount Check Check Vendor Invoice Invoice Description Amount Amount Paid Number Date WOOD CN C.N. WOOD CO., INC. 01460574 DEBRIS HOSE 471.33 0.00 /__/__ YOUNGREMB YOUNG REMBRANDTS 429 AFTER SCHOOL PROGRAM 255.00 0.00 YOUNGREMB YOUNG REMBRANDTS /--/-- 430 AFTER SCHOOL PROGRAM 510.00 0.00 _ __ ZOLL ZOLL MEDICAL CORPORATION 1962088 SERVICE RECERT. FEE 285.00 0.00 /__/__ ZOLL TOLL MEDICAL CORPORATION 2005593 MEDICAL SUPPLIES / -/ 82.50 0.00 /__/__ ZOLL ZOLL MEDICAL CORPORATION 2006607 DISPOSABLE SENSORS 225.00 0.00 Report Total 671,633.85 18.16 0.00 SOUTH BURLINGTON CITY COUNCIL To the Treasurer of CITY OF SOUTH BURLINGTON, We Hereby certify that there is due to the several persons whose names are listed hereon the sum against each name and that there are good and sufficient vouchers supporting the payments aggregating $ ***671,615.69 Let this be your order for the payments of these amounts. Rosanne Greco Chris Shaw Pat Nowak Helen Riehle Pam Mackenzie 1 -; South Burlington Water Dept. Accounts Payable Check Register Date: 05/07/13 Date Check No. Paid To Memo Amount Paid 5/7/2013 2312 3065 Williston Road LLC 51.84 Date Voucher Number Reference Voucher Total Amount Paid 4/16/2013 VI-13037 OVERPYMT 51.84 51.84 5/7/2013 2313 Champlain Water District 41,931.06 Date Voucher Number Reference Voucher Total Amount Paid 4/30/2013 VI-13041 SBWD-276 41,931.06 41,931.06 5/7/2013 2314 Champlain Water District 81,899.33 Date Voucher Number Reference Voucher Total Amount Paid 4/30/2013 VI-13040 APRIL CONSUMPTION 81,899.33 81,899.33 5/7/2013 2315 E.J. Prescott, Inc. 294.51 Date Voucher Number Reference Voucher Total Amount Paid 4/16/2013 VI-13030 4652919 71.37 71.37 4/10/2013 VI-13034 4651157 122.88 122.88 4/11/2013 VI-13035 4651655 87.96 87.96 4/22/2013 VI-13043 4654950 12.30 12.30 5/7/2013 2316 Ferguson Waterworks#590 706.24 Date Voucher Number Reference Voucher Total Amount Paid 4/17/2013 VI-13032 0333786 439.76 439.76 4/25/2013 VI-13039 0333786-1 266.48 266.48 5/7/2013 2317 F.W.Webb Company 206.89 Date Voucher Number Reference Voucher Total Amount Paid 4/22/2013 VI-13044 39368977 206.89 206.89 5/7/2013 2318 Merchants Bank 220.64 Date Voucher Number Reference Voucher Total Amount Paid 4/16/2013 VI-13038 OVERPYMT 220.64 220.64 5/7/2013 2319 City Of South Burlington 262,046.98 Date Voucher Number Reference Voucher Total Amount Paid 4/30/2013 VI-13045 APRIL SEWER 262,046.98 262,046.98 5/7/2013 2320 City Of South Burlington 265,663.85 Date Voucher Number Reference Voucher Total Amount Paid 4/30/2013 VI-13046 APRIL STORMWATER 265,663.85 265,663.85 5/7/2013 2321 SoVerNet, Inc. 51.26 Date Voucher Number Reference Voucher Total Amount Paid 4/15/2013 VI-13031 3231291 51.26 51.26 Printed: May 02, 2013 Page 1 of 2 South Burlington Water Dept. Accounts Payable Check Register Date: 05/07/13 Date Check No. Paid To Memo Amount Paid 5/7/2013 2322 Joyce E.Stutter 181.76 Date Voucher Number Reference Voucher Total Amount Paid 4/16/2013 VI-13036 APRIL MAILINGS 181.76 181.76 5/7/2013 2323 Ti-Sales Inc. 3,487.50 Date Voucher Number Reference Voucher Total Amount Paid 4/8/2013 VI-13033 INV0022814 1,201.50 1,201.50 4/23/2013 VI-13042 INV0023345 2,286.00 2,286.00 Total Amount Paid: 656,741.86 SOUTH BURLINGTON CITY COUNCIL Printed: May 02, 2013 Page 2 of 2 PRE TOWN MEETING 4 MARCH 2013 The City of South Burlington held a pre-Town Meeting on Monday,4 March 2013, at 7:00 p.m.,in the Cafeteria of the Frederick H.Tuttle Middle School,Dorset St. City Council Members Present: R. Greco, Chair; S. Dooley, P. Engels, P. Mackenzie, H. Riehle School Board Members Present: M. Lalonde, Chair; R. Cassidy,E. Fitzgerald,D. Bugbee,J. Beatty Also Present: R. Rusten, Interim City Manager; D. Young, Superintendent of Schools; D. Kinville, City Clerk; P. Conner, Director of Planning&Zoning; J. Rabidoux, Director Department of Public Works; Chief T. Whipple,Police Department; Chief D. Brent,Fire Department; J. Ladd, City Manager's Office; W. Goodrich, J. Stewart, School District; members of PACT,P.Nowak, C. Shaw,M. Emery, P. Taylor, G. Maille,B. Cimonetti, S. Dopp,B. Goldberg, other members of the public and press. 1. Reading of Ballot Articles: Mr. Engels moved to waive the reading of the Ballot articles. Ms. Riehle seconded. Motion passed unanimously. 2. Presentation of FY2014 School District Budget: Superintendent of Schools David Young presented the proposed FY2013 School District budget and responded to questions from the public. 3. Presentation of FY2014 City Budget: Interim City Manager Bob Rusten presented the proposed FY2014 City budget and responded to questions from the public. As there was no further business to come before the City Council and School Board,the meeting was adjourned at 8:00 p.m. Clerk b . CITY COUNCIL 26 MARCH 2013 The South Burlington City Council held a regular meeting on Tuesday,26 March 2013, at 4:30 p.m.,in the Conference Room,City Hall, 575 Dorset St. Members Present: P. Mackenzie, Chair; R. Greco,H. Riehle, P.Nowak, C. Shaw Also Present: R. Rusten, Interim City Manager; D. Kinville, City Clerk;P. Conner, Director of Planning&Zoning; J. Rabideau,Public Works Director; M. Lyons, Assessor's Office; R. Fletcher, City Attorney;K. Murray,Planner; L. Murphy, Librarian; J. Louisos, T. Harrington, T. Riehle,B. Benton, S. Quest,Planning Commission; S. Dopp, P. Engels,V. Bolduc, M. Simoneau, J. Simson,L. Michael,B. Goldberg, G. Calcagni, S. Dooley, T. Bailey, L. Williams, 1. Executive Session: Ms.Nowak moved the Council meet in executive Session to discuss personnel, contract negotiations and litigation. Ms. Riehle seconded. Motion passed unanimously. Regular Session: Mr. Shaw moved to exit executive session. Ms.Riehle seconded. Motion passed unanimously. 1.Agenda Review: No changes were made to the agenda. 2. Comments and Questions from the Audience, not related to agenda items: No issues were raised. 3. Announcements and City Manager's Report: Mr. Rusten: The School District will not pursue the PEP grant Ms. Mackenzie has been appointed as voting member of the Airport Strategic Planning Committee. Council members reported on meetings they had attended. 4. Consent Agenda: A. Sign Disbursement B.Approve Minutes of 11 March 2013 CITY COUNCIL 26 MARCH 2013 PAGE 2 C. Review February Financials D.Approval of the Land Swap Between Lewis Family Partnership and City of South Burlington Ms.Nowak moved to approve the Consent Agenda as presented. Ms. Greco seconded. Motion passed unanimously. 5.Discussing Public Records: Mr. Fletcher updated members on a request for information from the former City Manager. 6. Discuss what Council wants to do at Homestead at Wheeler Park regarding Burlington Garden Club and possibly other entities wishing to use grounds for gardening: Mr. Conner and Mr. Rusten updated Council members on requests for use of the area. No action was taken. 7.Interview Candidates for Planning Commission and Development Review Board: The Council interviewed Bernard Gagnon who indicated his preference for the Planning Commission. 8.Discuss Council's Position on the Three Components of the Voter's Approved Clerk's Office Charter Changes in preparation of testimony before the House Government Operations Committee. Discuss and possibly approve the Resolution regarding keys to the City Clerk's Office: Mr. Rusten reviewed the history and updated members regarding a tentative agreement with the City Hall Workers bargaining unit. (Items 9& 10 were delayed until members of the Planning Commission could be present) 11. Interim Zoning Deliberative Session: A. #IZ-13-01, Perkins Smith Design Build for Conditional Use review to construct a 768 sq. ft.,2-story addition to a single family dwelling, 15 Mayfair Street: CITY COUNCIL 26 MARCH 2013 PAGE 3 Ms.Nowak moved to adopt the written decision as presented. Mr. Shaw seconded. Motion passed unanimously. 12. Presentation on Final Intercept Facility Scoping Study: Mr. Rabideau reviewed the background and updated members on the findings of the scoping study. No action was taken. 9.Joint Meeting with Planning Commission to hear reports from the 4 Interim Zoning Committees: Members heard reports, including recommendations, from the Affordable Housing, Form Based Codes, Open Space, and Sustainable Agriculture Committees. No action was taken. 10. Discuss the Role of the Liaison with Interim Zoning Committees and how the Committees will report back to the Council: Members heard from Planning Commission, Form Based Codes & General Public how to best handle this issue. No action was taken. 13. Discuss date for the VLCT Training(April 22 or 29): Council discussed the date to schedule the VLCT training. Decision was made for April 29th at 7:00pm-9:00pm. 14. Discuss when to schedule the final Legislative Breakfast: Members discussed when/if to have the next Legislative Breakfast. Decision was made to wait to hear from school. 15. Other Business: A. Items held from the Consent Agenda B. Bike Rack—items Council may wish to place on a future agenda: i. Traffic Lights and sequencing. CITY COUNCIL 26 MARCH 2013 PAGE 4 ii. City Street Lights (adequacy/number)at various locations. iii. Dorset Park Solar Array. iv. Advertising logos or names on City Property v. Taser Policy vi. East Terrace Ordinance vii.Policy regarding landscaping City-owned land and Request from Hadley Road. C. Other? Time and date for Ribbon Cutting was discussed. No action taken. Members asked that a discussion regarding the Claire Solar Farm be put on the next agenda. 16. Consider entering executive session for discussion of personnel matter, negotiations, real estate and litigation: Chris Shaw made the motion to enter Executive session and to include Bob Rusten. Pat Nowak seconded the motion. Vote to pass was unanimous. Meeting was adjourned. Clerk 0 CITY COUNCIL 15 APRIL 2013 The South Burlington City Council held a regular meeting on Monday, 15 April 2013, at 7:00 p.m.,in the Conference Room, City Hall,575 Dorset St. Members Present: P. Mackenzie, Chair; R. Greco, H. Riehle,P.Nowak, C. Shaw Also Present: K. Dorn, Interim City Manager; R. Rusten,Deputy City Manager; D. Kinville, City Clerk; Chief T. Whipple,Police Department; J.Rabidoux, Head of Public Works Department; M. Lyons,Assessor's Office; P. Conner, Director of Planning& Zoning; J. Louisos, T. Harrington, S. Quest,Planning Commission; I Blanchard,K. Murray,Planners; T. Barritt,DRB; S. Dooley, S. Dopp,B. Cimonetti, M. Simoneau, L. Michael,D. White, P. Simon,P. Malone, B. Goldberg,L. Flower, C.Abelfeld, M. Mittag, B. Bull,T. Miller,P. Hart, J. Timecki, D. Goldsmith, J. Hand, J. Larkin,D. Cummings, L. Williams, G. Sprol, T. Moore, J.Kochman, R.Neuer,E. Robenstein 1. Executive Session: Mr. Shaw moved the Board meet in executive session to discuss personnel, contract negotiations, and litigation. Ms Greco seconded. Motion passed unanimously. Regular Session: A moment of silence was observed for the victims of the Boston Marathon tragedy. 1.Acknowledgement of former Councilor Sandra Dooley: Ms. Dooley was acknowledged with a plaque and plaudits from Council members. 2.Agenda Review: No changes were made to the Agenda. 3. Comments and Questions from the Audience not related to Agenda items: Ms. Robenstein expressed concern with the placing of solar panels in Dorset Park. 4. Announcements and City Manager's Report: A. Introduction of New Interim City Manager: Interim City Manager Kevin Dom was introduced. CITY COUNCIL 15 APRIL 2013 PAGE 2 B. Bore Samples for Market Street: Mr. Dorn explained the process for test borings in support of the storm water application for Market Street. Council members reviewed meetings and the Rotary Club event(honoring the Police Department)they had attended. Chief Whipple spoke regarding Community in Addiction Teams. Ms.Mackenzie advised that the City received notice of a public hearing regarding the Claire Solar Project, 24 April, 7 p.m., in the High School Cafeteria. 5. Consent Agenda: A. Sign Disbursement B.Approve Minutes of 1 April and 9 April 2013 C. Approve Grant Request Form Bullet Proof Vests D.Approve Grant Request Form Library Technology E.Approve Special Event Permit: 1. Lund Ride for Children, 11 May 2013 2.Magic Hat Outdoor Concert, 18 May 2013 3. Vermont Friends of Safe Passage, 12 May 2013 4.Palace 9 Theatre,28 April 2013 Ms.Nowak moved to approve the Consent Agenda as presented. Ms. Riehle seconded. Motion passed unanimously. 6. Public Hearing: Interim Zoning Application,#IZ-12-02, Malone Dorset Street Properties,LLC, (Trader Joe's)to amend a previously approved planned unit development consisting of a 33,733 sq.ft.gfa building with 31,351 sq. ft. (including mezzanine) of retail food establishment use and 2,382 sq.ft of short order restaurant use. The amendment consists of: 1) razing three single family dwellings, 2) constructing a 12,800 sq. ft. building for retail food use, and 3) constructing a 2- story, 14,000 sq. ft. building consisting of 7,000 sq. ft. of retail and/or short-order restaurant use and 7,000 sq. ft. of general office use, 192, 196,200 and 222 Dorset Street: Mr. Shaw moved to open the pubic hearing. Ms.Nowak seconded. Motion passed unanimously. CITY COUNCIL 15 APRIL 2013 PAGE 3 Mr. White and Mr. Simon presented the plan to amend the Healthy Living development by adding a Trader Joe's and a second building(with no identified tenant). Members of the audience spoke in support of the project. The Council felt it needed advice with regard to a decision as to whether to require this developer to build the road connection to the adjacent property. Following discussion, Ms. Nowak moved to close the public hearing. Mr. Shaw seconded. The motion passed 3-2 with Ms. Greco and Ms. Riehle voting against. 7.Public Hearing of Land Development Regulations. Hearing on Council- amended amendments to LDRs: Ms. Greco moved to open the pubic hearing. Ms. Riehle seconded. Motion passed unanimously. Members reviewed amendments to the LDRs regarding cannabis dispensing,road frontage, and PUD requirements. Following discussion, Ms. Riehle moved to close the pubic hearing. Mr. Shaw seconded. Motion passed unanimously. Ms. Riehle then moved to adopt the land development regulations as presented. Ms. Greco seconded. Motion passed 3-2 with Ms. Nowak and Ms. Mackenzie voting against. 9. Possibly Award Contract to Ti-SALES to install Water Meters: Mr. Rabidoux reviewed the history. He noted that staff recommends awarding the contract in the amount of$353,613.69 to Ti-SALES. Ms. Riehle moved to award the contract to Ti-SALES as presented. Ms. Nowak seconded. Motion passed unanimously. 10. Hear from Developer of Claire Solar Farm, City committee representatives and citizens regarding Council's intervenor status position regarding the Solar Farm. Council to determine what position it will take, or what additional information it needs: Ms. Mackenzie reviewed the history. Mr. Hand then presented an overview of the project and the timeline and application process. CITY COUNCIL 15 APRIL 2013 PAGE 4 The Council then heard from members of the Planning Commission, Open Space/Natural Resources Committee, Energy Committee,Recreation and Leisure Arts Committee, South Burlington Land Trust,Development Review Board,and individual citizens. Following discussion,the Council directed the Interim City Manager and Director of Planning& Zoning to draft a letter expressing its concerns,including: A. the need for more local input B. LDR issues C. the city's previous contributions to solar power when there was a process to allow the city to say"where" D. the city has contributed enough to solar energy E. if the Public Service Board moves forward,that they honor the conditions negotiated between the developer and the Planning Commission. 11. Discuss the role the Council wants the Form Based Codes Committee and its consultants to play regarding other city projects such as Market Street. Discuss how Council wants the Form Based Codes Committee to interact and communicate with other city committees and city staff. Council to determine responsibility and authority of staff, Form Based Codes Committee and its consultants, and other city committees on projects not initiated or primarily directed by the Form Based Codes Committee. Council to also Identify Budgetary Implications of its Discussions: Mr. Rusten outlined the issues of activity going on without an organizational structure and cited the need for the Council to decide what they want everyone to be doing. Ms. Mackenzie asked the Form Based Codes Committee and the Market Street project people to work together on issues while the Council works on a protocol. She also asked Mr. Rusten to identify points with specific examples of where Council leadership is needed. 12. Discuss Letter from House Government Operations Committee that states they will not pass out of committee the City's 2 Charter change bills. Discuss how Council wants to address the impact of these 2 Charter changes not being made this year: Mr. Rusten reviewed short term and long term issues and how these are being addressed. 12. Liquor Control Board: Ms. Greco moved the Council meet as Liquor Control Board. Ms. Nowak seconded. CITY COUNCIL 15 APRIL 2013 PAGE 5 Motion passed unanimously. Liquor License renewals were presented from the following establishments: Hannaford Food&Drug Simon's Store&Deli Independent Brewer(Magic Hat) Gracey's Store Shelburne Road Variety Wooden Spoon Bistro Hannaford Food& Drug Pauline's Café Jiffy Mart Klinger's Bread Doubletree Hotel Pulcinella's Kinney Drugs Interstate Shell Healthy Living Moose Lodge#1618 Jolley Store#107 Champlain Farms Applebees Guild&Company Steakhouse Higher Ground Moe's Maple field's @ the Airport Pizza Putt Gonzo's Indoor Golf Ms. Greco indicated she would recuse herself with regard to Klinger's Bread due to a potential conflict of interest. Ms.Nowak then moved to approve all the Liquor License renewals with the exception of Klinger's Bread. Mr. Shaw seconded. Motion passed unanimously. Ms.Nowak then moved to approve the Liquor License renewal for Klinger's Bread. Mr. Shaw seconded. Motion passed 4-0. Ms.Nowak moved to return to City Council. Mr. Shaw seconded. Motion passed unanimously 14. Other Business: A. Items held from the Consent Agenda No items were withheld. b. Bike Rack-items Council may wish to place on a future agenda 1. Traffic Lights & sequencing 2. City Street Lights (adequacy/number) at various locations 3. Dorset Park Solar Array 4.Advertising logos or names on City property 5. Taser Policy CITY COUNCIL 15 APRIL 2013 PAGE 6 6.East Terrace Ordinance land and Request 7 Policy regarding landscaping City-ownedfrom Hadley Road 8. Council-approved Minutes Resolution No action was taken on Bike Rack items. C.Other: No other issues were raised. As there was no further business to come before the Council,the meeting was adjourned at 12:20 a.m. (16 April 2013). Clerk Resolution to Create a Community Gardens Reserve Fund Whereas,the City Charter, section 13-310(7) states, "The city council and the school board, by their own actions, may establish reserve funds to pay for public improvements, replacement of equipment, and planned or unplanned operating expenditures. Monies to be deposited in any fund shall be included in a city or school district budget and shall not be excluded in calculating the net cost of operation pursuant to subsection 1309(a) of this chapter. Reserve funds shall be kept in separate accounts and invested in the same manner as other public funds.The city council and the school board may,from time to time, expend monies in those funds for purposes for which they were established without voter approval."; and, Whereas, the City of South Burlington has pledged support for the South Burlington Community Gardens; and, Whereas, the South Burlington Community Gardens is now a function of the City, and various City Departments are involved in working with the Community Gardens Advisory Board; and, Whereas, on a yearly basis the City intends to charge a fee for each garden plot and if that fee amount is to be increased by more than 10% in any given year the increase must be approved by the Council; and, Whereas, it is the desire of the South Burlington Community Gardens to have all collected funds to the City to be placed in the City Reserve Fund,to fund its operations; and, Whereas,the $2,070 currently held in a revenue account, which will continue to have minor fluctuation based on deposits and withdrawals,will be deposited into the reserve fund no later than June 1, 2013, to continue to fund Community Garden expenses; and, Whereas, the City shall be reimbursed out of the Reserve Fund for any"hard cost" expenses(equipment and materials) to support the gardens such as the cost to rent a tiller, buy a wheelbarrow, and for materials that the City will need to purchase to support the gardens; and, Whereas,the City will be reimbursed for all of its administrative costs to support the community gardens by yearly receiving from the Reserve Fund 20%of the gross revenues received from the garden plots fees; and Whereas,the Recreation Department will be charged as the custodian of the money and ensure its appropriate use and disbursement and present a report to the Community Gardens Advisory Board; and, Whereas, other than the costs identified in the Resolution, all expenditures must be for the support and improvement of the community gardens and will be made in consultation with the Community Gardens Advisory Board; and, Whereas, if the Recreation Department and the Community Gardens Advisory Board cannot reach agreement on an expenditure and that expenditure is more than $2,000 then the Council will be requested to approve or not approve the cost; and, Whereas, it is the intention of the City to continue to support the South Burlington Community Gardens; and, Now,Therefore, Be it Resolved,that the City Council hereby creates a Reserve Fund whose purpose is to secure and disburse these funds as deemed appropriate by the Recreation Department, with due diligence and oversight by the City: and, Furthermore, Be It Resolved, that all money placed in this Reserve Fund shall only be disbursed for the uses identified in this Resolution. Dated the 6th day of May, 2013 SOUTH BURLINGTON CITY COUNCIL Pam Mackenzie, Chair Chris Shaw, Clerk Pat Nowak,Vice Chair Helen Riehle Rosanne Greco SI,• A RESOLUTION OF THE CITY OF SOUTH BURLINGTON ESTABLISHING A POLICY FOR THE ISSUANCE OF PAYMENTS AND PROVIDING AN ORDERLY METHOD FOR MAKING PAYMENTS IN SPECIAL CIRCUMSTANCES WHEREAS, it is in the best interest of the City of South Burlington for the City Council to establish a policy for the issuance of checks on a regular and special basis; and, WHEREAS,the City Manager recommends the following provisions of such a policy be approved by City Council; • Invoices must be submitted to Accounts Payable within one week of receipt, regardless of due date; • In order to be approved for inclusion in an upcoming warrant, invoices should be submitted at a time established by the City Manager or Assistant City Manager(usually by the end of business Tuesday prior to a scheduled City Council meeting); • Payments are expected to be authorized by City Council at regular meetings and, when appropriate, at special meetings; and, • Payments are expected to be made on the day following approval at a City Council meeting; • Staff will make every effort to schedule City Council approvals "just in time"unless there is a discount given for early payment; and, WHEREAS,the City Manager further recommends the following additional policy provisions to address occasional unusual, unforeseen or emergency circumstances: • As specified in Title 24 Section 1623,the City Council of South Burlington hereby authorizes The City Council Vice Chair or City Council Clerk to "examine and allow claims against the City of South Burlington for city expenses and draw orders for such claims to the party entitled to payment" in between regular and special City Council meetings. • When it is believe by a city staff person that a payment need to be made outside of the normal process and time frames they must contact the City Manager or Assistant(Deputy) City Manager, either of whom will assess whether or not a special payment is needed; and, • In accordance with 24 V.S.A. 1623(1)the above-identified City Councilors shall be authorized to allow such special payments and approve orders for special payments. The orders for such special payments shall state definitely the purpose for which they are drawn and serve as full authority to the City Treasurer or Assistant City Treasurer to make the payments; and, • If the City Manager or Assistant(Deputy) City Manager determine a special payment is needed,they will themselves, or delegate to an appropriate staff person the responsibility to, contact the above-identified City Councilors with pertinent facts about the payment and seek Councilors' authorization to proceed with payment; and, • Councilors' may be contacted by phone, in-person or via e-mail to expedite the approval process; and, • The individual seeking Council authorization shall document with e-mail responses or certify in writing that City Council Vice Chair or City Council Clerk has approved payment. Such documentation and certification shall be provided to all Councilors, City Manager, Assistant (Deputy) City Manager, City Treasurer, Assistant City Treasurer,the Finance Office (Accounts Payable) and other officials as appropriate in e-mail or other format as appropriate; and, • Upon documentation and certification as defined above, the City Treasurer or Assistant City Treasurer shall execute the proper documentation to issue payment; and, • The City Council shall be provided with a record of all special payments approved under this policy. BE IT RESOLVED,that this Resolution supersedes Resolution 2012-02 approved on January 3, 2012. BE IT FURTHER RESOLVED, City Council hereby authorizes the City Manager to enact this policy and make minor, non-substantive modifications as may be appropriate to improve the efficiency and effectiveness of City processes and procedures, and the terms of this Resolution shall be effective upon passage by City Council. Dated this 6th day of May, 2013. Pam Mackenzie, Chair Pat Nowak,Vice Chair Chris Shaw, Clerk Rosanne Greco Helen Riehle A RESOLUTION OF THE CITY OF SOUTH BURLINGTON ESTABLISHING A POLICY FOR THE ISSUANCE OF PAYMENTS AND PROVIDING AN ORDERLY METHOD FOR MAKING PAYMENTS IN SPECIAL CIRCUMSTANCES WHEREAS,it is in the best interest of the City of South Burlington for the City Council to establish a policy for the issuance of checks on a regular and special basis; and, WHEREAS, the City Manager recommends the following provisions of such a policy be approved by City Council; • Invoices must be submitted to Accounts Payable within one week o due date; t, regard ss of • In order to be approved for inclusion in an upcoming warr. •'ces s at a time established by the City Manager or Assistant Ci ,at business Tuesday prior to a scheduled City Council 8 eeting al e end of • Payments are expected to be authorized by City C' at re appropriate, at special meetings; and, - - d, when • Payments are expected to be made on the d • . ' ' 1 va ity Council meeting; Staff will make every effort to schedule ity a discount given for early payment; tin time"unless there is WHEREAS,the City Manager - •m e . Bing additional policy provisions to address occasional unusual, unfo e r • As specified in Title 24 Sec' 1623 c stances: it of South Burlington hereby authorizes Council me •ber I'aul Engels or Rosanne Greco to "examine and allow claims against the City of S, :ur or ' -penses and draw orders for such claims to the • party entitled to paym. be 4 and special City Council meetings. When it is bel'• • c •er • at a payment need to be made outside of the normal pro -fr. must contact the City Manager or Assistant City Manager 0 ,•I will , whether or not a special payment is needed; and, • In accord. 3 3(1)the above-identified City Councilors shall be a - o c • al payments and approve orders for special payments. The ' s► ••yments shall state definitely the purpose for which they are drawn serve . au y to the City Treasurer or Assistant City Treasurer to make the ents; • I .. ► a er or Assistant City Manager determine a special payment is needed, they wil ., or delegate to an appropriate staff person the responsibility to, contact the above-i•e' died City Councilors with pertinent facts about the payment and seek Councilors' authorization to proceed with payment; and, • Councilors' may be contacted by phone, in-person or via e-mail to expedite the approval process; and, • The individual seeking Council authorization shall document with e-mail responses or certify in writing that Councilors Paul Engels or Rosanne Greco has approved payment. Such documentation and certification shall be provided to all Councilors, City Manager,Assistant City Manager, City Treasurer, Assistant City Treasurer, the Finance Office (Accounts Payable)and other officials as appropriate in e-mail or other format as appropriate; and, • Upon documentation and certification as defined above, the City Treasurer or Assistant City Treasurer shall execute the proper documentation to issue payment; and, • The City Council shall be provided with a record of all special payments approved under this policy. BE IT RESOLVED, that this Resolution supersedes Resolution 2011-03 approved on February 7, 2011. BE IT FURTHER RESOLVED, City Council hereby authorizes the anager to enact this policy and make minor, non-substantive modifications as may be appro improv the efficiency and effectiveness of City processes and procedures, a the to s ion shall be effective upon passage by City Council. Dated this 3rd day of January, 2012. Sa• i • sir ha , Vice Chair ' t sa, . reco, Clerk es Knapp Paul Engels Resolution to Create a Reserve Fund for the City of South Burlington Capital Improvement Program(CIP)and for Unanticipated Capital Expenditures Whereas,the City Charter, section 13-310 (7) states, "The city council and the school board,by their own actions, may establish reserve funds to pay for public improvements,replacement of equipment, and planned or unplanned operating expenditures.Monies to be deposited in any fund shall be included in a city or school district budget and shall not be excluded in calculating the net cost of operation pursuant to subsection 1309(a)of this chapter.Reserve funds shall be kept in separate accounts and invested in the same manner as other public funds.The city council and the school board may,from time to time, expend monies in those funds for purposes for which they were established without voter approval."; and, Whereas,the purpose of a Capital Program and Budget Program is to(a)to provide a multi-year financial plan for maintenance,replacement,and construction or acquisition of capital assets;(b)to serve as a fiscal tool to prepare for large expenditures and create tax rate consistency from year to year;(c)to plan for and develop facilities that best meet the needs of the citizens and staff consistent with the City's fiscal capacity and the Comprehensive Plan; and(d)to meet statutory requirements related to Impact Fees,Capital Improvement Programming,and Budgeting; and, Whereas,for purposes of the CIP, a Capital Expenditure is defined as any expenditure for land,land improvements, infrastructure,buildings, building improvements,vehicles, or equipment costing more than $10,000. Costs related to project pre-development such as studies, surveys,concept plans, designs,preliminary engineering,and engineering are to be included as capital expenditures. Expenditures related to all steps in the construction of Market Street and of City Center are considered capital expenditures under this Resolution,as are repairs to capital infrastructure that were unanticipated and are necessary,and for which money had not been budgeted in the fiscal year that the repair is required. Yearly and more frequent maintenance costs of capital infrastructure are operational and not capital expenditures; and, Whereas,for the CIP to function a Reserve Fund is needed into which money is allocated and from which money is expended;and, Whereas,there may become a need for an emergency repair to capital infrastructure with emergency being defined as, "a situation or condition that occurred without warning,that is detrimental to or a threat to life,health or safety,and/or waiting more than 3 days to repair would create an additional cost";and, Whereas, in addition to any General Fund revenue approved by the voters to be allocated to the Reserve Fund Section 13- 1307 of the City Charter authorizes the City Council during the last three months of a fiscal year to transfer any unencumbered appropriations from one department to another. Now,Therefore,Be it Resolved,that the City Council hereby creates a Reserve Fund and into which all voter-approved Capital Improvement General Fund revenue and City Council-approved General Fund transfers will be allocated; and, Furthermore,Be It Further Resolved,that all money placed in this Reserve Fund shall only be disbursed for the expenditures identified in this Resolution. With the exception of emergency repairs as identified in this Resolution, expenditures from the balance of this Reserve Fund may only be made with the approval of a basic majority of the South Burlington City Council at an officially Warned City Council meeting and recorded in minutes. In the case of an emergency repair to capital infrastructure,the City Manager shall have the authority with notification to the City Council to expend up to$25,000 from this fund without prior City Council approval. Dated this 6th day of May, 2013. Pam Mackenzie, Chair Pat Nowak,Vice Chair Chris Shaw, Clerk Rosanne Greco Helen Riehle 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 Thomas J. DiPietro Jr., Deputy Director of Public Works April 29, 2013 Name and title of person completing this form(Project Manager) Date 1. Name/title of grant and submittal deadline date: Urban& Community Forestry, Communities Caring for Canopy. Deadline for submittal is May 1,2013 2. What specifically is the grant's purpose?To move communities towards developing and sustaining a community-wide tree program. 3. What does the grant fund and not fund(be specific)?We are proposing to use this grant to create an Urban Tree Canopy(UTC)GIS data layer from existing satellite imagery. We are also proposing to purchase a scoop blade attachment for our skid steer. 4. Total Project Cost: a. Amount of grant: $3,550 b. Is there a City match required,how much and in what fiscal year(s)?The City match is$3,550 (50%),and would be paid for in the next fiscal year(FY14). 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?402-12-7100.65.71. Yes,there is unencumbered money to pay for this. 6. Is there a cost to the City upon grant conclusion,and if yes,please describe?No. 7. Is grant for stand alone project,and if no,how does grant fit into another project(describe in some detail)? The scoop blade will be used to dig trees in our existing tree nursery. These trees will then be replanted throughout the City so that we can maintain and increase our existing tree inventory.We anticipate loss of some street trees every year due to storms, disease,accidents,etc. However,we are expecting greater tree loss in the coming years due to the fact that our existing tree inventory contains a significant number of Green Ash,and the Emerald Ash Borer has emerged as a serious threat in our region. Our hope is that increased efficiencies in our process for growing,harvesting and planting trees will allow us to maintain, and possible increase,the City's diverse tree inventory. The UTC analysis is a way to assess the City's tree canopy and identify opportunities for improvement. This relatively low cost of this analysis allows City staff to evaluate our inventory on a city-wide or parcel- wide basis and make planning decisions based on this information.In addition,the Stormwater Utility plans to use this information as part of the MS4 permit required Flow Restoration(FRP)Plan Development in the City's various stormwater impaired watersheds. Other regions that are subject to similar Total Maximum Daily Loads(TMDLs)have received"credit"towards TMDL targets for increases in their UTC. Stormwater utility staff feels that this could be an important tool that will help us meet TMDL goals in a lower cost way manner than previously planned(i.e.planting trees as opposed to undertaking large scale construction projects). In addition,the City purchases satellite imagery every few years to update our GIS impervious surface information. With some additional analysis,this same data can also be used to measure the City's tree canopy. We have three years of existing satellite imagery,but are only proposing to use the most recent imagery for this project. When the Utility purchases satellite imagery in the future we will have the consultant(typically the UVM Spatial Analysis Lab)analyze the imagery to create both an impervious surface and UTC data layers for GIS. 8. Length of grant-will the grant cross fiscal year(s)?Once approval is received it will take two months to complete work. Work will not cross fiscal years. 9. Who will apply for grant(name/title)?Thomas J. DiPietro Jr.,Deputy Director of Public Works 10. How much time will it take to complete grant application form?2.5 hours. 11. How likely is it that we will receive grant?Very likely. We are working with members of the grant's review committee to integrate trees into the State's stormwater management regulations. They are very excited for us to take this next step and obtain hard data to support this effort. 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?Tom DiPietro will manage the grant. Grants requirements indicate that work specified in the application must be completed. We are not proposing to use in-kind services as grant match. 13. Describe grant payment process—method of cash flow: Stormwater will lay out the costs of analysis and request reimbursement from the grant agency(ANR). 14. Should a Council-appointed Committee,Board, or Commission review this request? If yes,please update status: This will not be necessary. It is a relatively small amount that can be managed by the Deputy Director of Public Works with the oversight of the Director of Public Works. 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: It would be a 5.This work supports numerous initiatives and planning projects already underway by the stormwater utility and supports our existing tree management program. l 3af13 Flly ;21.6110i jam, Revie Deputy.Ci anager,Date If approved,grant money will be in this fund I tce Jig pproved by Ci anager,Date Not Approved By City Manager,Date Approved By City Council,Date Not Approved By City Council,Date 10 out al . ton EiMaNI REGULAR MEETING To: Kevin Dorn, Interim City Manager From: Ilona Blanchard, Project Directo . Re: Police Station Rooftop Solar Array Net-Metering Letter of Intent Date: May 6, 2013 Background: In order to reduce City's impact on the environment, stabilize and/or reduce costs related to electrical usage, and otherwise to improve the long term sustainability of the City,the City Council authorized the establishment of a partnership with Encore Redevelopment to develop renewable energy generation resources. Encore Redevelopment has submitted a letter of intent(LOI)to develop a privately owned roof mounted net-metered solar array on the Police Station. The City will receive 10%of the energy and solar credits (what GMP will pay per kWh) generated by the project. The energy credit is the residential retail rate for electricity, currently 14.6 cents. The solar credit is 6 cents per kWh and available for the first 10 years. This project will generate approximately 75,000 kWh per year—approximately 1/3 of the power used by 575 Dorset (City Hall and Fire Station 1). The estimated project monetary value for the City per year is $1,600. The Energy Committee has researched this, and the10% credit is on par or better than what other municipalities are receiving for similar projects. For example, the Solar Farm at South Village provides the City a credit of 5% of the energy credit and none of the solar credit. This project's greatest value is in a reduction in carbon footprint and reduction of financial exposure should energy prices drop. In contrast with a municipally owned system,the City also will not have any upfront costs, nor be responsible for insurance or maintenance, nor, so long as the system is privately owned, decommissioning the system. A to-be-negotiated contract would include provisions for the City to consider purchasing the facility,term, contract pricing and conditions, obligations of parties, and requirements related to construction, insurance, warrantees and additional detail as required. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com The Letter of Intent is non-binding, but indicates to all parties a strong interest in the project and a willingness to work in good faith to negotiate a satisfactory contract. Attachments: • Encore Police Station Letter of Intent • Encore LOI Summary and FAQ Letter Policy: Under §13-103(b) of the Charter, "the city ... may sell, lease, mortgage, hold, manage and control such property as its interest may require." Unless otherwise provided by law,the City acts through a majority of its legislative body,the City Council, or through the voters. - Charter§13-310; 1 V.S.A. §172. Achieve a reduction of 20% in carbon dioxide-equivalent emissions from 2009 levels by 2020 through an increase renewable energy production and reductions in energy use in the following sectors: transportation, commercial/industrial, residential, municipal/school —Energy Committee recommended goal for the draft South Burlington Comprehensive Plan Recommendation: Review the LOI; authorize the Interim City Manager to sign the LOI and negotiate a contract. enrc)re April 30, 2013 Mr.Kevin Dorn Interim City Manager City of South Burlington 575 Dorset Street South Burlington,VT 05403 RE: Letter of Intent("LOI") to enter into an agreement for net metering agreement to build and operate a solar array at the Police Station-Summary and FAQ Mr.Dorn, Thank you for your consideration of Encore Redevelopment's proposal to provide the City of South Burlington (the Customer)with this turnkey solution for a new source of renewable energy with no money down. This energy produced by this project will be provided to the City at a savings compared to current and future electric costs. We have summarized the key points of this proposed project below: • A solar array of approximately 70kW capacity to be located on the Customer's property and owned and operated by Encore Redevelopment and its financing partners. • The array would produce approximately 75,000kwh per year,with limited risk and at a total annual savings of approximately$1,600 (10%royalty of total value produced by the array). • The agreement would be for twenty(20)years,although after seven(7)years,the Customer would have the option to buy the array at fair market value.For planning purposes,if the array costs$200,000 to install,a realistic fair market value after 7 years would likely be on the order of 40%to 50%,or$80,000 to$100,000. After year 7,the array would be expected to generate somewhere between$13,000 and$16,000 per year in net metering credits (not including any additional revenues from the sale of renewable energy credits) for the 25-40 year useful life. • Next Steps:Signing of the Letter of Intent(LOI). After signing,we can begin the engineering and permit application process for the array. We would also provide you with a full Net Metering Agreement for review and consideration,with the goal of ultimate execution of this agreement within 60 days. The Net Metering Agreement would contain the legal terms related to the transaction of net metering credits,site access/control issues,pricing,etc. Frequently asked questions: 2 1) How does the flow of energy and solar credits work?Encore constructs the array.The energy generated is sent to GMP,which in turn applies a solar credit(currently$0.206) for every kWh generated to Customer's utility bill.In exchange for receiving the solar credits from the utility,the Customer pays Encore and its investors 90%of the solar credit for each kWh generated by the array.The difference results in savings (or a royalty) to the Customer. There is low-no risk-if the sun doesn't shine,if the array doesn't produce,the Customer doesn't pay Encore and its investor partners.The balance of energy used by the participant not covered by the net metering agreement would be purchased from GMP monthly,exactly as they do currently. 2) What is the"solar adder"?In Vermont,utilities are required to value all solar power produced by net-meter customers at$0.20/kWh. Currently most utility rates in the state are around$0.145/kWh.The difference in these rates becomes a bonus credit to your account. Customers are awarded the per kWh customer credit for a 10-year period,with the clock starting when power is first generated.That said,currently GMP is offering a$0.06 solar adder,which is slightly better than that required by legislation.So if we act quickly, savings will be slightly greater. 3) What happens at the end of 10 years?When the solar adder ends,GMP will still apply a credit for every kWh generated,but it will be equal to the current retail rate of electricity and the participants will still pay Encore and its investors the same discount rate,unless they have opted to buy the array,in which case the Customer would capture 100%of the value of production. 4) When is the soonest we might start generating clean,carbon-saving renewable power?If the Letter of Intent is signed quickly and the permitting goes smoothly,it is feasible to have the arrays built and generating power by sometime during the summer or fall of 2013. If you have additional questions,please do not hesitate to ask.We look forward to working with you on moving this exciting effort forward. Sincerely, Chad Farrell Principal '., aft, ! Vit sc1. UL` 1 enCOre LETTER OF INTENT April 30, 2013 Mr. Kevin Dorn Interim City Manager City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Letter of Intent("LOI") to enter into an agreement to purchase net metering credits Mr. Dorn, Please consider this letter a statement of intent to enter into good faith negotiations for an agreement to purchase the solar net metering credits to be generated at a solar array ("FACILITY") being developed by Encore Redevelopment at the City of South Burlington Police Station in South Burlington,Vermont. OBJECTIVE This non-binding Letter of Intent shall establish the basic terms and conditions to be incorporated into a definitive agreement to purchase net metering credits ("AGREEMENT") under which a solar energy system(s) shall be installed and commissioned at site locations to be determined and mutually agreed upon by the City of South Burlington ("CITY")and Encore Redevelopment and its financing partners, ("DEVELOPER/OWNER"). Until the Agreement is finalized,approved by the respective parties and properly executed,neither party shall have a legally binding obligation to the other,whether under this Letter of Intent or otherwise,including,but not limited to,a legal duty to continue negotiations to reach such a final agreement and either party may discontinue negotiations at any time for any reason whatsoever. Should an agreement not be reached within six months of signature,this letter will no longer be valid. BACKGROUND The CITY owns or controls suitable site locations and desires to increase its use of clean and renewable electric generating resources and in particular to promote the generation of renewable energy from solar photovoltaic facilities; Developer/Owner has the development expertise and project financing in place to deliver third- party owned solar generating facilities at no up-front cost to customers and desire to enter into a e core net metering credit purchase agreement with the CITY and to develop and permit,fund,finance, own,operate and maintain the Facility. SCOPE OF SERVICES Developer/Owner has created a strategic alliance and a development program for complete,turn- key,commercial-scale solar generation projects (Projects). Developer/Owner will work with CITY to identify suitable site locations,conduct technical feasibility analyses,coordinate permitting,and manage construction,installation and commissioning of projects.Developer/Owner will provide turn-key solar system engineering,equipment supply and installation services,and will perform ongoing service and maintenance. Developer/Owner will coordinate all funding and financing,and will serve as the Asset Manager over the lifecycle of the Project. DEVELOPMENT SERVICES Upon execution of this Letter of Intent, Developer/Owner shall perform development services including site identification and investigation,data collection,technical and financial feasibility work at no cost to the CITY. SOLAR NET METERING CREDIT PURCHASE AGREEMENT—INITIAL TERMS& CONDITIONS 1. Service Term a. The Service Term shall be the initial period of twenty(20)years commencing on Facility commissioning,with a renewal option for an additional 5 years. b. Any additional renewal periods shall be mutually agreed upon by the Parties. c. Purchase Option: CITY will have options to purchase the System at a depreciated Fair Market Value after the 7th anniversary of the Service Commencement Date. 2. Contract Pricing and Conditions a. Developer/Owner shall install the solar energy system at no cost to the CITY b. Upon billing,the CITY shall make a service payment to Developer/Owner equal to 90% of the realized value of the net metering credits (10%credit). c. Billing shall be conducted on a monthly basis by the Developer/Owner to the CITY. d. All environmental attributes (renewable energy credits,carbon offsets,etc.)shall be the retained by the Developer/Owner. 3. Developer/Owner Obligations a. Build,commission,operate and maintain the Facility over the term of the agreement at no cost to the CITY. b. Insure,warrant and guarantee the Facility and any alteration to CITY owned property over the term of the agreement at no cost to the CITY. y c. Pay all taxes associated with the existence,operation and maintenance of the Facility. d. Allocate 99.9%of the energy generated by the system,as net metering credits,to the CITY. e. Negotiate in good faith and execute a net metering credit purchase agreement with CITY within sixty(60) days from the date of the execution of this Letter of Intent. f. The owner of the facility at the time of decommissioning will be responsible for decommissioning costs 4. CITY Responsibilities and Rights a. Host the project at a site location/on land to which it retains full ownership or control. b. Remain responsible for all pre-existing personal property or real property taxes levied against the premises. c. Negotiate in good faith and execute a net metering credit purchase agreement with Developer/Owner within sixty(60) days from the date of the execution of this Letter of Intent. d. Make a service payment on 100%of net metering credits (for the 90%of the realized credit value with the CITY retaining 10%of the realized credit value)generated by the Facility and allocated to the City for the agreed term of the Agreement. e. Agree to be the designated customer for one new Meter to be located at the Property for the purpose of measuring production from the Facility. The Developer/Owner will be responsible for all expenses of applying for,installing,and maintaining the Meter at the Property. Should these terms be acceptable to you,please confirm by signing where indicated on the Signature Page below. Thank you for your interest in our community solar program. Please feel free to contact me at 802- 861-3023 or at chadRencoreredevelopment.com should you have any questions. Respectfully, 11/ Chad Farrell Principal SIGNATURE PAGE By: DATE Chad Farrell Principal Encore Redevelopment By: DATE Kevin Dorn Interim City Manager City of South Burlington TO: South Burlington City Councilors Mackenzie, Chair; Greco; Nowak; Riehle; and Shaw FROM: Lisa Ventriss and Bob Rusten, Deputy City Manager DATE: May 1, 2013 RE: Search Process, SB City Manager Thank you for the opportunity to provide you with additional information to inform your decision- making regarding the search process for South Burlington's next city manager. Prior to the development of this work product we met to discuss our charge and agreed on two key goals that would guide our efforts. They are: Primary Goal: To hire a South Burlington City Manager with the technical skills and the ability to function effectively within the City's culture, so that he/she can successfully assist the City to identify where it wants to be, and then facilitate all administrative processes to reach its goals. Secondary Goal:To garner community support from a sufficiently varied group of constituencies regarding whom to hire as City Manager, so as to build a broad base of support for the City Manager in achieving the primary goal. Attached please find a matrix detailing four basic models of a search process: • Head hunter-led; • Vermont League of Cities and Towns—led; • Council-led; and, • Citizen-led committee Within any one of these models Council can determine at what point(s) it can involve itself and/or other groupings. However, regardless of the eventual process that the City Council selects, we want to make clear that there are four components of the search effort that the Council, alone, will ultimately be responsible for approving: • Selection Criteria; • Composition of Search Committee (constituencies and actual appointees); • Budget; and, • Selection of the City Manager. We look forward to discussing with you,the goals that guided us throughout the process, as well as the various pros and cons of these models at the May 6th meeting. We would encourage the Council to use whatever ends up being the final goal(s) as the guide in determining which selection process model Council chooses to use. Attachment Irk 0 m v t v m o -p L U > L C U vi v C v C N O a L v O W v �-' r0 _ (0 yr ,p C '� O v (p C v C L W N R U R C v _N 7 i v _O •40 •. Y f0 H w CO a "O_ 7 C O 0. al C 7 'CO '/� V rp C v of •C > L `,-' 4= O v 'C v U v1 Cr a O 2 to a N v 0 • v _ c R > c -0 U ,O 15 c A u C :n O a c v 3 c u o o n a m v - o c CI- L.) .0 C O ._ a V = > > Z a " C y o `o Ei .E 70 - o '0, W >Z el O ai C. V11 A v - U O 7 v c u w L 'n 0 a U u v I— a u v1 v N o c p E .� E ._ g rs c a a 0. aJ O v V. . no v p N m m O U Q H a N " C d a VI N co. OU ` o u ii C o0 u v j 7 ++ .+ no CO v u r0 - 'O av-i a C Y C C m ° n ° o •p , co t e 0 v m 0 u _c 0 m " 0 C v v Oa co N a o no 0 N C V1 u w C. V. 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I M G N T To: Pam Mackenzie, Chair From: Kevin Dorn, Interim City Manager Subject: Administrative Process to Support Committees with Overlapping Authority Date: May 6, 2013 Background: In April,the City identified a lack of structure between City Council (Council) appointed City committees,boards and commissions (committees)to facilitate ideas and recommendations generated by one committee to be reviewed by any other committee (or consultant to a committee) prior to them being reviewed and acted on by the Council. With a few exceptions, committees are advisory solely to the Council and most have overlapping areas of authority which has led to confusion. To better support committees in their idea and recommendation development and review process,the City proposes to use staff resources to channel committee generated recommendations and ideas to the appropriate counterpart committees (or consultants) according to that committees (or consultants) statutory or Council approved area of responsibility for review. This will occur prior to these recommendations going to the Council according to the following outlined process. Proposed Process: When any committee formalizes in writing any committee approved idea or recommendation,that idea or recommendation will be delivered by the staff person supporting the committee to the Staff Review Committee. The exception to this is where the committee review process is defined in statute or policy. The Staff Review Committee (SRC)will be composed of the City Manager or the Deputy/Assistant City Manager,the Project Director,the Development Coordinator and the following other staff members (or designee): the Planning Director,the City Planner,the Recreation Director,the Public Works Director and the Library Director. The SRC will discuss the committee recommendation and determine which committees, if any,have a statutory or Council designated advisory or review role with respect to the recommendation subject area. If there is more than one committee,the SRC will identify either a simultaneous or a sequential review and the order of this review with consideration to time constraints, 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com statutory oversight, etc. The SRC will not have the authority to hold a recommendation and must forward it to each committee with jurisdiction and to the City Council that ultimately will decide upon the recommendation. All communication between the SRC and the committees shall be conducted through the staff member(s) supporting each committee. Each committee that receives a recommendation shall have a good faith opportunity provided by their staff person to review this recommendation and make written comments. Based on the date by which the City Council may have to make a decision, the SRC will establish a time frame by which a committee(s) shall complete its review and make its comments. The staff member supporting the committee will report back to the SRC if in the staff person's opinion the committee is unnecessarily delaying its discussion, review and comments. If the SRC believes that a committee is unnecessarily holding back its discussion, after attempting to resolve the situation, the SRC may bypass that committee in the process and clearly state so in the final report to Council. As each committee finalizes its written comments the staff member supporting that committee will forward the original recommendation with any formal written comments onto the next committee that the SRC had identified as having advisory or oversight responsibility. Once all committees have reviewed the original recommendation,the staff member supporting the final committee will forward all written comments to the SRC. If the comments from one committee are in conflict with another committee's comments the SRC shall consolidate these into a report and forward report to committee making the final decision. If there is no conflict, or a final recommendation or decision has been made by the identified responsible committee,the SRC will forward the complete packet to the Council or committee with the authority to decide for their final decision. The packet will include all formalized recommendations, comments, and decisions. Attachments: None Recommendation: Endorse the outlined administrative process to coordinate the work of the City committees in formulating project and policy recommendations and decisions. 0. a 6,4 lakeshore SUJTH BUR1.INGTONJ To Members of the City Council: The Red Rocks Park Advisory Committee (RRPAC) is pleased to endorse the attached RRP Executive Summary of the Management Study for Red Rocks Park and requests that the City Council accept this comprehensive study as a first step in the process to developing a Master Plan for Red Rocks. This will help preserve and enhance the health and beauty of RRP in balance with the inherent challenges created by human traffic.We thank and commend Sophie Mazowita,the UVM Naturalist student, and the City Recreation & Parks Director, Tom Hubbard, for their efforts as we look forward to working with the City to meet the goals and challenges. The Study,that the RRPAC initiated with City Council approval and funding, is the first comprehensive effort to identify the various resources that make up our under recognized, but increasingly utilized "Jewel". Most people who walk, run, or ski through RRP are unaware of the rare flora and fauna as well as topography that live so close to our Metropolitan area. Unfortunately, some of the Park users also engage in illegal activities that threaten Park resources as well as public safety.These include camping, open bonfires, cliff jumping, littering, illegal parking, a great many off-leash dogs,as well as some owners not picking up the dog waste. Limited resources have resulted in minimal enforcement of Park policies, and the priority for calls received at the Police Dept. has largely left them unable to respond in a timely manner when violations have been reported. Routine illegal parking diminishes Park revenue and each year it costs the City to rescue people who are injured jumping from the cliffs. Funding and organizational resources will both be needed to create and carry out a Master Plan to develop and sustain RRP. The City will need to make significant contributions to both, but we recognize that outside help will be crucial.The RRPAC seeks to play a central role in developing outside funding sources and volunteer energy to augment City contributions. We also seek to coordinate the efforts of the two City departments, Parks and Rec and the DPW, that currently oversee the Park. The RRPAC, as appointed by City Council, hereby requests that the City Council accept the Management Study at its meeting on May 6th, post the document online on the City website, and continue to accept public comment. We also ask that the City Council take the next step to establish a sub-committee whose purpose would be to develop a Master Plan for Red Rocks, taking into account the extensive research that the Management Study contains. Sincerely, Yiota Ahladas, Chair Red Rocks Park Advisory Committee ' ' -(--•• -.00.6 -- - • .... . '‘'•.:::--•-•--"ii.S•sii,„0:70.-.,,,..:ii -i f (00 ., .LIL" .. - -17,-.-1Vi;,---. 4>i.1!'4'' ---.-i!•' c3 co„ .0414010 >�r tre ,A•im W a Cr oc a - .:.:•:.„,„,„,„„„:,.... ., , : .:......•:'',1....,5„!..;`.:'''S'.:!::!•,''.4:''.'''.::,1:','.'. .1 L! ate. I YN L. >c ' f w A O . - p C "�O s Y E - -00 N q O c E co c �,, P. a > Y O CO m y - c"� E m C n f` +CU . O C 0 6 fa c E @ w Y •to �, c O ",f c. m a E p "� E c0 o u °,.. n c a aE. 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Murray, Development Coordinator SUBJECT: Deliberations: Interim Zoning Application#IZ-13-02—Trader Joe's (192, 196, 200, and 222 Dorset Street) DATE: May 6,2013 City Council meeting Please find enclosed as requested at the City Council deliberative session April 15, 2013 the draft Interim Zoning decision for#IZ-13-02, Malone Dorset Street Properties, LLC. This is an application to amend a previously approved planned unit development consisting of a 33,733 sq. ft. gross floor area building with 31,351 sq. ft. (including mezzanine) of retail food establishment use and 2,382 sq. ft. of short-order restaurant use (currently the Healthy Living Market). The amendment consists of: 1)razing three (3) single family dwellings, 2) constructing a 12,800 sq. ft. building for retail food use, and 3) constructing a 2-story 14,000 sq. ft. building consisting of 7,000 sq. ft. of retail and/or short-order restaurant use and 7,000 sq. ft. of general office use located in the Central District 1 Zoning District at 192, 196, 200, and 222 Dorset Street. Please note that the public hearing has been closed for IZ-13-02 and a decision needs to be issued by May 30, 2013. Our City Attorney has reviewed this draft decision. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4131 fax 802.846.4101 www.sburl.com #IZ-13-02 CITY OF SOUTH BURLINGTON CITY COUNCIL 192, 196, 200, and 222 DORSET STREET INTERIM ZONING CONDITIONAL USE APPLICATION #IZ-13-02 FINDINGS OF FACT AND DECISION Malone Dorset Street Properties, LLC, hereafter referred to as the applicant, requests conditional use approval under the Interim Bylaw to amend a previously approved planned unit development consisting of a 33,733 sq. ft. gross floor area building with 31,351 sq. ft. (including mezzanine) of retail food establishment use and 2,382 sq. ft. of short-order restaurant use (currently the Healthy Living Market). The amendment consists of: 1) razing three (3) single family dwellings, 2) constructing a 12,800 sq. ft. building for retail food use, and 3) constructing a 2-story 14,000 sq. ft. building consisting of 7,000 sq. ft. of retail and/or short-order restaurant use and 7,000 sq. ft. of general office use located in the Central District 1 Zoning District at 192, 196, 200, and 222 Dorset Street. The City Council held a public hearing on April 15, 2013. David White and Paul Simon from White + Burke Real Estate Investment Advisors, represented the applicant at the hearing. Based on testimony provided at the above mentioned public hearing, the plans and supporting materials contained in the document file for this application, the City Council finds, concludes, and decides the following: FINDINGS OF FACT 1. Applicant requests Interim Zoning conditional use approval to amend a previously approved planned unit development consisting of a 33,733 sq. ft. gross floor area building with 31,351 sq. ft. (including mezzanine)of retail food establishment use and 2,382 sq. ft. of short-order restaurant use. The amendment consists of: 1) razing three (3) single family dwellings, 2) constructing a 12,800 sq. ft. building for retail food use, and 3) constructing a 2-story 14,000 sq. ft. building consisting of 7,000 sq. ft. of retail and/or short-order restaurant use and 7,000 sq. ft. of general office use located in the Central District 1 Zoning District at 192, 196, 200, and 222 Dorset Street. 2. The owner of record of the subject property is Malone Dorset Street Properties, LLC. 3. The application was received on March 14, 2013. 4. The subject property is 5.32 acres, located in the Central District 1 Zoning District. 5. The proposed project includes two buildings on the north side of the existing entry drive for the existing building at 222 Dorset Street. The 12,800 sq. ft. building for retail food use (Trader Joe's) is to be located on the western portion of the parcel along Dorset Street with the second building of 14,000 sq. ft. with retail and/or short order food on the first floor and general office use on the second floor with the remainder of the northern 1 F:\USERS\Planning&Zoning\Development Review Board\Findings_Decisions\2013\IZ_13 02_192-222Dorset_Malone_TraderJoes_ffd.doc #IZ-1 3-02 part of the parcel developed for the additional 125 parking spaces. A proposed pedestrian plaza connects the two buildings and extensive screening, landscaping, and trees are proposed around the parking area. Three single family dwellings fronting Dorset Street will be razed. 6. The plans submitted consist of a twenty-five (25) page set of plans, the cover page entitled, "Interim Zoning Application Plans for Trader Joe's," prepared by, DeWolfe Engineering Associates, Inc. et al. last dated, 3/5/13. 7. Applicant's written testimony indicates that their traffic engineer has completed a traffic analysis and concludes that acceptable levels of service can be achieved using the existing signal phasing and equipment and the applicant agrees to extend the left turn lane into the site by 20 feet. 8. Applicant's written testimony indicates the development will not have an adverse impact on community services. 9. In this area along Dorset Street there is existing similar dense commercial development. 10. There are no environmental limitations(steep slopes, shallow depth to water tables) or significant natural resources (wildlife habitat or corridors, rare tree stands, etc.) apparent on the site. There are no adjacent connected environmental limitations or significant natural resources. However, the Applicant's written testimony states that the proposed development has been designed with a stormwater collection, treatment, and detention system which will reduce the peak discharge to below predevelopment levels and reduce the amount of sediment in the runoff to below predevelopment levels. 11. Written testimony stated that the buildings would include natural daylighting and solar heat gains, and that rainwater harvesting will be incorporated on site. CONCLUSIONS OF LAW I. APPLICABILITY OF INTERIM BYLAW, ADOPTED FEBURARY 21, 2012 Interim Bylaw Section II: Description of Districts Affected This Interim Bylaw shall apply to all Districts established and listed in Article 3.01(A)(1)- (4) of the South Burlington Land Development Regulations except for: A. Airport Industrial B. Airport C. Institutional Agricultural— North D. Queen City Park E. Lakeshore Neighborhood F. Municipal G. Park and Recreation H. Southeast Quadrant— Village Commercial 2 F:\USERS\Planning&Zoning\Development Review Board\Findings_Decisions\2013\IZ_13_02_192-222Dorset_Malone_TraderJoes_ffd.doc #IZ-1 3-02 I. Mixed Industrial and Commercial District J. Industrial and Open Space District The proposed commercial development is within the Central District 1 Zoning District and, therefore, is subject to the Interim Bylaw. Interim Bylaw Section III: Limitations on Land Development Within the areas affected by this Interim Bylaw, the following shall not be allowed: A. New Planned Unit Developments. B. New subdivisions. C. New principal buildings that require site plan approval. D. Alterations to existing principal buildings. E. Alterations to any other existing structures used for commercial or industrial purposes. F. Amendment of a master plan or any related site plans or plats that deviates from an approved Master Plan in one of the respects set forth in Article 15.07(D)(3)(a)-(e) of the South Burlington Land Development Regulations. The main purpose of an interim bylaw is to temporarily preserve the existing land uses and maintain the status quo while the municipality formulates its permanent zoning bylaws. See Town of Mendon v. Ezzo, 129 Vt. 351, 356-357, 358 (1971); see also Section I of the Interim Bylaw("[T]he purpose of this Interim Bylaw is to provide the City time . . . to prepare and adopt amendments to the Land Development Regulations that implement the City's goals and objectives."). For the reasons set forth in the Purpose of the Interim Bylaw, and to temporarily preserve the existing land uses and maintain the status quo while the City formulates amendments to its Land Development Regulations, the City Council determined that six types of development will or could be contrary to the amendments to the Land Development Regulations and the Comprehensive Plan the City is presently contemplating. The proposal to amend a previously approved planned unit development consisting of a 33,733 sq. ft. gross floor area building with 31,351 sq. ft. (including mezzanine)of retail food establishment use and 2,382 sq. ft. of short-order restaurant use and raze three (3) single family dwellings, 2) construct a 12,800 sq. ft. building for retail food use, and 3) construct a 2-story 14,000 sq, ft. building consisting of 7,000 sq. ft. of retail and/or short-order restaurant use and 7,000 sq. ft. of general office use located in the Central District 1 Zoning District at 192, 196, 200, and 222 Dorset Street is prohibited by the Interim Bylaw pursuant to Section III(A,B, and C) above, and does not qualify for an exemption under Section IV of the Interim Bylaw. II. STANDARDS OF REVIEW Interim Bylaw Section VI: Review of Applications The City Council may, upon application, authorize the issuance of permits for any type of development as a conditional use not otherwise permitted by this Interim Bylaw, after public hearing preceded by notice in accordance with 24 V.S.A. section 4464. The authorization by the legislative body shall be granted only upon a finding by the Council that the proposed use is consistent with the health, safety, and welfare of the municipality and the following standards. The proposed development shall not result in an undue adverse effect on any of the following: 3 F:\USERS\Planning&Zoning\Development Review Board\Findings_Decisions\2013\IZ_13_02_192-222Dorset_Malone_TraderJoes_ffd.doc #IZ-1 3-02 A. The capacity of existing or planned community facilities,services, or lands. B. The existing patterns and uses of development in the area. C. Traffic on roads and highways in the vicinity. D. Environmental limitations of the site or area and significant natural resource areas and sites. E. Utilization of renewable energy resources. F. Municipal plans and other municipal bylaws, ordinances, or regulations in effect. The applicant has submitted a complete application for Conditional Use approval by the City Council pursuant to this section. As set forth above, the proposed project is prohibited by the Interim Bylaw. Despite this prohibition, the City Council may authorize the issuance of a permit for any type of development as a conditional use not otherwise permitted by the Interim Bylaw if the City Council concludes that the proposed development is consistent with both the health, safety, and welfare of the municipality as well as the standards identified as A through F in Section Ill of the Interim Bylaw. A. Is the Proposed Development Consistent with the Health, Safety, and Welfare of the City of South Burlington? To determine whether the proposed development is consistent with the health, safety, and welfare of the City of South Burlington, the City Council considers whether the specific development proposal is the type of development that will or could be contrary to the amendments to the Land Development Regulations and the Comprehensive Plan presently being contemplated by the City. The goals discussed in the Purpose statement in Section I of the Interim Bylaw guide the City Council's analysis of whether the proposed development is the type of development that will or could be contrary to the anticipated amendments. The Purpose statement is a summary both of the rationale for adopting the Interim Bylaw and of the studies and planning process that are underway in the City. The goals include the adoption of Form Based Code-style regulations for the City Center and adjacent Williston Road area and possibly other areas of the City; the update of the Comprehensive Plan to include as City goals the support of sustainable agriculture, the conservation of open space, and the promotion of housing for people of all incomes and stages of life; and the preparation and adoption of amendments to the Land Development Regulations that implement the City's goals and objectives. The City is in the process of formulating Form Based Code regulations for the City Center and adjacent Williston Road area and determining to what additional areas of the City, if any, the Form Based Code regulations will apply. (Form Based Codes focus on physical form rather than on uses and address the relationship between building facades and the public realm, the form and mass of buildings in relation to one another, and the scale and types of streets and blocks.) 4 F:\USERS\Planning&Zoning\Development Review Board\Findings_Decisions\2013\IZ_13_02_192-222Dorset_Malone_TraderJoes_ffd.doc #IZ-1 3-02 The proposed development of land is located within an area of the City in which the City is contemplating the adoption of Form Based Code regulations. The proposed 12,800 sq. ft. Trader Joe's building is positioned close to the corner of Dorset Street and the access drive to Healthy Living Market. The second, two story 14,000 sq. ft. building fronts closely to the access drive with a pedestrian plaza connecting the two buildings to encourage pedestrian activity and create a more urban form of open space. Both buildings will have retail uses on the first floor and a high amount of clear glazing consistent with a T-4 or T-5 transition zone. The parking is in the back of the buildings and will be screened from both roads. The buildings have been designed with attention to architectural details and frequent breaks and multiple entrances. The design and function is well suited to a T-4 Form Based Code transition zone which may be contemplated for this area of South Burlington. The function and form, including scale and access, of the proposed development likely are consistent with potential Form Based Code regulations that the City might adopt for the City Center area. The proposed development will not be contrary to any Form Based Code regulations that the City is contemplating for this area. It has been determined that this site has been established as built-up commercial development. No assessment has been completed as to the viability of agriculture on the site. However, in accordance with the Farmland Classification Systems for Vermont Soils produced by the USDA & Natural Resources Conservation Service, "Prime, Statewide, and Local soil map units cannot be urban or built-up areas. A delineation of a Prime, Statewide, or Local soil map unit which has been converted to urban land or built-up areas should no longer be considered Important Farmland." Moreover, the subject property has frontage on Dorset Street adjacent to densely developed commercial areas and is located across from the University Mall. Edible plants and trees however will be planted throughout the site. The proposed commercial development will replace three existing single family dwellings directly across from the University Mall. This area of Dorset Street is predominantly dense commercial development. As part of the City's goals, additional housing units of varying degrees of affordability are planned for City Center east of Dorset Street which may be a more suitable location for housing. Based on this analysis, the Council concludes that the proposed development is not the type of development that will or could be contrary to the contemplated amendments to the Land Development Regulations and the Comprehensive Plan and is consistent with the health, safety, and welfare of the City of South Burlington. B. Is the Proposed Development Consistent with the Standards Identified as A through F in Section III of the Interim Bylaw? Even when the City Council concludes that a proposed project in consistent with the health, safety, and welfare of the City of South Burlington, the Council also must conclude that the proposed development will not result in an undue adverse effect on any of the standards listed in Section VI of the Interim Bylaw in order for the proposed development to receive conditional use approval under the Interim Bylaw. See 24 V.S.A. §4415(d), (e). 5 F:\USERS\Planning&Zoning\Development Review Board\Findings_Decisions\2013\IZ_13_02_192-222Dorset_Malone_TraderJoes_ffd.doc #IZ-1 3-02 Interim Bylaw Section Vl(A): The proposed development shall not result in an undue adverse effect on the capacity of existing or planned community facilities, services, or lands. The proposed development will not result in any new or additional demands on existing or planned community facilities, services or lands. The City Council therefore concludes that the proposed project will not result in an undue adverse effect on the capacity of existing or planned community facilities, services or lands. Interim Bylaw Section Vl(B): The proposed development shall not result in an undue adverse effect on the existing patterns and uses of development in the area. Because the proposed development is similar in scale to the commercial uses along Dorset Street and does not conflict with potential Form Based Code for this area of City Center, the City Council concludes that the proposed development will not result in an undue adverse effect on the existing patterns and uses of development in the area. Interim Bylaw Section Vl(C): The proposed development shall not result in an undue adverse effect on traffic on roads and highways in the vicinity. Testimony received indicated that the traffic engineer's analysis concluded that acceptable levels of service can be achieved using the existing signal phasing and equipment. The City Council is confident with the standards for review in the Land Development Regulations and that traffic generated by the proposed project will be reviewed in detail by the Development Review Board (DRB). City Council also defers to the DRB the decision regarding the possible road connection delineated on the site plan. Any changes to the project resulting from the DRB's review will require additional review by City Council. As the City Council concludes below, if the DRB grants final plat approval of the project proposed to City Council, then the proposed PUD will not have an undue adverse effect on traffic on roads and highways in the vicinity. Interim Bylaw Section VI(D): The proposed development shall not result in an undue adverse effect on environmental limitations of the site or area and significant natural resource areas and sites. No environmental limitations (steep slopes, shallow depth to water tables) or significant natural resources (wildlife habitat or corridors, rare tree stands, etc.) are apparent on the subject property. There are no adjacent connected environmental limitations or significant natural resources. Based on these findings, the City Council concludes that the proposed development will not result in an undue adverse effect on environmental limitations of the site or area and significant natural resource areas and sites. Interim Bylaw Section Vl(E): The proposed development shall not result in an undue adverse effect on utilization of renewable energy resources. The proposed development does not preclude the use of renewable energy by adjacent properties and does incorporates natural daylighting, solar heat gains, and rainwater harvesting 6 F:\USERS\Planning&Zoning\Development Review Board\Findings_Decisions\2013\IZ_13_02_192-222Dorset_Malone_TraderJoes ffd.doc #IZ-13-02 in their plans. Thus, the City Council concludes that the proposed development will not result in an undue adverse effect on utilization of renewable energy resources. Interim Bylaw Section Vl(F): The proposed development shall not result in an undue adverse effect on municipal plans and other municipal bylaws, ordinances, or regulations in effect. South Burlington Comprehensive Plan Goals (adopted March 9, 2011) Upon review and consideration of the goals in the existing Comprehensive Plan, the City Council concludes that the proposed project will not result in an undue adverse effect on the Comprehensive Plan. Land Development Regulations(amended May 7, 2012) If the following conditions are met, the proposed project will not result in an undue adverse effect on the existing Land Development Regulations: 1. The applicant shall receive approval from the Development Review Board prior to issuance of a zoning permit. 2. The applicant shall obtain a zoning permit prior to the commencement of any land development. All other city ordinances If the following condition is met, the proposed project will not result in an undue adverse effect on all other City ordinances. 1. Applicants shall receive all other applicable City permits. Subject to the three conditions identified above, the City Council finds that the proposed subdivision will not result in an undue adverse effect on the Comprehensive Plan and other municipal bylaws, ordinances, or regulations in effect. For the reasons set forth above, the Council concludes that the proposed project is consistent with the health, safety and welfare of the City of South Burlington and the standards set forth in Section VI(A)-(F) of the Interim Bylaw. 7 F:\USERS\planning&Zoning\Development Review Board\Findings_Decisions\2013\IZ_13_02_192-222Dorset_Malone_TraderJoes ffd.doc #IZ-13-02 DECISION Motion by , seconded by toapprove Interim Zoning Conditional Use Application #IZ-13-02 of Malone Dorset Street Properties, LLC, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. This project shall be completed as shown on the plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The applicant shall receive approval from the Development Review Board prior to issuance of a zoning permit. 4. The applicant shall obtain a zoning permit prior to the commencement of any land development. 5. Applicants shall receive all other applicable City permits. 6. Any changes to the project plans shall require approval of the South Burlington City Council so long as the Interim Bylaw remains in effect. Pam Mackenzie, Chair—yea/nay/abstain/not present Helen Riehle—yea/nay/abstain/not present Rosanne Greco—yea/nay/abstain/not present Chris Shaw—yea/nay/abstain/not present Patricia Nowak—yea/nay/abstain/not present Motion bya vote of - - Signed this day of May 2013, by Pam Mackenzie, Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b)(4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontiudiciary.orq/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist. 8 F:\USERS\Planning&Zoning\Development Review Board\Findings_Decisions\2013\IZ_13_02_192-222Dorset_Malone_TraderJoes ffd.doc SOUTH BURLINGTON IMPACT FEE ORDINANCE Amended October 19, 2009 CITY OF SOUTH BURLINGTON IMPACT FEE ORDINANCE Adopted: January 9, 1995 Amended: April 17, 1995 December 2, 1996 February 2, 1998 September 7, 1999 July 16, 2001 December 3, 2007 October 19, 2009 1 SOUTH BURLINGTON IMPACT FEE ORDINANCE Amended October 19, 2009 SOUTH BURLINGTON IMPACT FEE ORDINANCE Section 1. Authority. This ordinance is enacted pursuant to the specific authority granted municipalities to establish impact fees contained in 24 V.S.A., Chapter 131 and the authority granted the City of South Burlington to enact ordinances set forth in its Charter and 24 V.S.A. Chapter 59.This ordinance shall be a civil ordinance within the meaning of 24 V.S.A. Chapter 59. Section 2. Purpose. It is the purpose of this ordinance to establish impact fees to pay portions of the cost of constructing capital facilities for new development in the City that will be served by such facilities. To the extent that new capital facilities are necessitated by new development and such facilities benefit the new development, it is appropriate that the new residents and owners bear an appropriate portion of the costs of constructing the new facilities. Section 3. Establishment of Fees. A. Road Improvement Impact Fee: Except as provided in subparagraph(5), any land development as described in subparagraph(1)which is issued a permit under the City of South Burlington Zoning Regulations after the date this Impact Fee Ordinance provision becomes effective shall pay an impact fee determined in accordance with the formula set forth in subparagraph(2). (1)This impact fee shall apply to any land development that results in an increase in dwelling units or, in the case of non-residential development, an increase in PM peak hour vehicle trip ends(vehicle trips occurring between the hours of 4:00 PM and 6:00 PM on weekdays), as determined by the Development Review Board. (2) Formula for determination of impact fees: (a) Single Family Dwelling: $1,009.86 per unit less appropriate credits as shown in column 5 (net fee, single-family dwellings) of Table RD-4. (b) Multi-Family Dwelling (fee per unit): $669.91 per unit, less appropriate credits as shown in column 9 (net fee, multi-family dwellings) of Table RD-4. (c)Non-residential Development: $999.86 multiplied by the number of PM peak hour vehicle trip ends and reduced by the amount of any credit due from Tables RD-5 and RD-6. Estimate of post-construction assessed value of non-residential development shall be calculated as described in the Road Impact Fee section of the City of South Burlington 2007 Impact Fee Analysis Report referenced below. 2 SOUTH BURLINGTON IMPACT FEE ORDINANCE Amended October 19,2009 (3) The impact fee formula set forth in subparagraph(2) above is based on a study and report entitled, "CITY OF SOUTH BURLINGTON 2007 IMPACT FEE ANALYSIS REPORTS", prepared by Michael J. Munson, Ph.D., FAICP, dated October 12, 2007, which report is incorporated into this ordinance by reference. (4) Impact fees collected pursuant to this ordinance provision shall be used to pay costs associated with the following road improvement projects which are described in the above referenced report: (a) Hinesburg Road/Van Sicklen Road Intersection Improvements (b) Williston Road Reconstruction (c) Airport Drive Extension (d) Airport Parkway/Ethan Allen Road Intersection Improvements (e) Tilley to Community Drive Connector (f) City Center Road Network (5) This impact fee shall not apply to land development as described in subparagraph (1) which: (a) is for development within a subdivision that received final plat approval under the South Burlington Subdivision Regulations prior to January 9, 1995, which subdivision approval contained a condition requiring payment of fees to the City for the purpose of funding road improvements; and (b) the fees specified in the subdivision approval were paid to the City in accordance with the terms of the approval; and (c) a permit is issued for the development under the South Burlington Zoning Regulations on or before January 9, 2005. (6) A development that includes a Traffic Demand Management Plan approved by the Development Review Board may be granted a credit not to exceed 25 percent of the original number of trips generated multiplied by the fee per PM Peak Hour Trip ($999.86), provided that the applicant agrees to provide the post development verification study and security described in the above referenced Impact Fee Analysis report. B. Recreation Impact Fee: Except as provided in Subparagraph (5), any land development as described in subparagraph(1) which is issued a permit under the City of South Burlington Zoning Regulations after the date this Impact Fee Ordinance provision becomes effective shall pay an impact fee determined in accordance with the formula set forth in subparagraph (2). (1) This impact fee shall apply to any land development resulting in an increase in dwelling units. 3 SOUTH BURLINGTON IMPACT FEE ORDINANCE Amended October 19, 2009 (2)Formula for determination of impact fees: (a) Single Family Dwelling: $1,938.75 per unit, less appropriate credits, as shown in column 4 (net fee, single-family dwellings) of Table REC-4. (b) Multi-Family Dwelling (fee per unit): $1,421.15 per unit, less appropriate credits as shown in column 7 of Table REC-4 (net fee, multi-family dwellings). (3) The impact fee formula set forth in subparagraph (2) above is based on a study and report entitled, "CITY OF SOUTH BURLINGTON 2007 IMPACT FEE ANALYSIS REPORTS" prepared by Michael J. Munson, Ph.D., FAICP, dated October 12, 2007, which report is incorporated into this ordinance by reference. (4) Impact fees collected pursuant to this ordinance provision shall be used to pay costs associated with the following recreation improvement projects which are described in the above referenced reports: (a) Land acquisition for"Marceau Meadows" recreation fields property in the vicinity of Hinesburg Road and Van Sicklen Road (b) Development of"Marceau Meadows"recreation fields (c) Development of Old Farm Road area recreation fields (d) Development of Dumont Park recreation area in the vicinity of Iby Street and Market Street (e) Development of recreation paths and bicycle lanes as described in the above referenced 2007 Impact Fee Analysis report, including: i. Dorset Street/Hoehn connection along Dorset Street ii. Spear Street bicycle lane iii. Shelburne Rd/Queen City Park Rd improvements iv. Connection from Tilley Drive to Marshall Avenue, including bridging v. Vale Drive to Spear& Swift recreation path connection vi. Recreation path extension along Airport Drive extension to Lime Kiln Road vii. Recreation path connection from the Williston Road Holiday Inn to Patchen Road (5) This impact fee shall not apply to land development as described in subparagraph (1) which: (a) is for development within a subdivision that received final plat approval under the South Burlington Subdivision Regulations prior to January 9, 1995,which subdivision approval contained a condition requiring payment of fees to the City for the purpose of funding recreation improvements; and 4 SOUTH BURLINGTON IMPACT FEE ORDINANCE Amended October 19,2009 (b)the fees specified in the subdivision approval were paid to the City in accordance with the terms of the approval; and (c) a permit is issued for the development under the South Burlington Zoning Regulations on or before January 9, 2005. C. Dorset Street Waterline Fee: Any dwelling unit as described in subparagraph(1) which connects to the Dorset Street waterline referred to in subparagraph(3), after February 2, 1998, shall pay an impact fee set forth in subparagraph(2). (1)This impact fee shall apply to any dwelling unit in the Dorset Street Waterline Service Area as delineated on a plan dated January 30, 1998, which is incorporated herein by reference. (2)The impact fee shall be $187.25 per dwelling unit, which amount shall be increased on January 1, 1999, and each year thereafter by 4%. (3)The impact fee in subparagraph(2) above is based on cost in excess of$141,932 to construct approximately 5180 feet of waterline and related improvements within the Dorset Street right-of-way. (4) Impact fees collected pursuant to this ordinance provision shall be used to pay the cost of the waterline improvements described in subparagraph(3) above. D Fire Protection Fee: Except as provided in subparagraph(5), any land development as described in subparagraph(1)which is issued a permit under the City of South Burlington Zoning Regulations after the date this Impact Fee Ordinance provision becomes effective shall pay an impact fee determined in accordance with the formula set forth in subparagraph (2). (1)This impact fee shall apply to any land development that results in an increase in total value of property at risk in the City(including structures and contents), as described in the report entitled"CITY OF SOUTH BURLINGTON 2007 IMPACT FEE ANALYSIS REPORTS"prepared by Michael J. Munson, Ph.D., FAICP, and dated October 12, 2007,which is incorporated into this ordinance by reference. (2) Formula for determination of impact fees: (a) Single Family Dwelling: $304.85 per unit less appropriate credits as shown in column 5 (net fee, single-family dwellings) of Table FP-7. (b) Multi-Family Dwelling (fee per unit): $192.96 per unit less appropriate credits as shown in column 9 (net fee, multi-family dwellings) of Table FP-7. 5 SOUTH BURLINGTON IMPACT FEE ORDINANCE Amended October 19,2009 (c)Non-residential Development: $0.67 per$1,000 estimated value of all structures and contents. Estimate of post-construction assessed value of non-residential structures shall be based on estimated improvement values for new structures contained in Table FP-8, multiplied by a factor of 2.5 to provide the total estimated value of the structure, site improvements and contents, reduced by the amount of any credits due using the procedure described in the above referenced Fire Protection Impact Fee Analysis report and Tables FP-9 and FP-10. (3) Impact fees collected pursuant to this ordinance provision shall be used to pay costs associated with the following fire protection improvement projects which are described in the above referenced report: (a) Renovations to Fire Station#2 (b) New Heavy Vehicles (c)New Light Vehicles (d) New Equipment (4) A credit of up to ten percent of the base impact fee may be awarded to non- residential developments that include installation of a sprinkler system designed to meet the guidelines of the Insurance Rating Organization with no more than 25 deficiency points. Section 4. Payment of Fees Impact fees levied under this ordinance shall be paid to the City Treasurer prior to the issuance of any permits under the Zoning Regulations of the City of South Burlington for the construction of any development subject to the payment of impact fees. The Zoning Administrator shall not issue any zoning permit for the construction of such developments without first receiving proof of payment of the required impact fees from the City Treasurer. Section 5. Accounting and Register of Payment. A. Impact fees collected pursuant to this Ordinance shall be placed by the City Treasurer in separate interest bearing accounts for each type of impact fee established. B. The City Treasurer shall maintain a register for each account indicting the date of payment of each fee, the amount paid, and the name of the payer. C. The City Treasurer shall prepare an annual accounting of all fees paid into and withdrawn from each account, showing the source and amounts collected, and the amounts expended and the projects for which such expenditures were made. Section 6. Refunds. A. If the actual expense to the City or School District of a project to be funded at least in part by impact fees is less than the fees collected or to be collected, the City shall refund to 6 SOUTH BURLINGTON IMPACT FEE ORDINANCE Amended October 19, 2009 the then owner of the property for which the fee was paid, that portion of any impact fee, with accrued interest, which is in excess of the appropriate amount due to the City. The City shall provide this refund within one year of the date it completes or terminates construction of the project. B. If the City reduces the amount of an impact fee after some fees have been collected,the City shall refund to the then owner of the property for which a fee was paid,that portion of any impact fee, with accrued interest, which is in excess of the appropriate amount due to the City. The City shall provide this refund within one year of the date it reduces the impact fee. C. If the City does not expend an impact fee within six years of the date it is paid, the then owner of the property for which the fee was paid may apply for and receive a refund of the fee, provided the request for refund is filed within one year of the expiration of the six year time period. D. A person who pays an impact fee established under this ordinance and subsequently abandons the project without commencing construction of the land development on which the impact fee was based, may request and receive from the City a refund of the impact fee in full. Any accrued interest shall be retained by the City to offset administrative costs.A person who receives a refund under this provision shall not commence construction of the land development for which the refund was made without repaying the required impact fees. Section 7. Expenditure Restrictions. A. All impact fees collected pursuant to this ordinance, and accrued interest, shall be expended only for the specifically identified projects which were the basis for the fees. Such fees and accrued interest shall be expended within six years of the date they are received by the City Treasurer. B. The City Treasurer shall pay, from the appropriate account, expenses associated with the designated projects as they become due and upon receipt of appropriate documentation regarding such expense. Section 8. Credits for "In-Kind" Contributions. A. "In-Kind" contribution shall mean provision, by a person subject to payment of an impact fee, of land or equipment or construction of facilities that are included in the impact fee analyses and computations, and which are included in or consistent with the City's Comprehensive Plan. B. Upon recommendation of the Development Review Board,the City Council may approve a credit against any impact fee levied under this ordinance for the value of"In-Kind" contributions. The amount of credit for an "In-Kind" contribution shall be based on the actual cost to the person requesting the credit of providing or creating the facilities. The 7 SOUTH BURLINGTON IMPACT FEE ORDINANCE Amended October 19, 2009 Development Review Board shall indicate the basis on which the amount of credit is determined. The amount of credit for an"In-Kind" contribution shall not exceed the total amount of the impact fee for that type of facility which would otherwise be levied on the proposed development. Section 9. Appeals. An individual or entity required to pay an impact fee under this ordinance may challenge the imposition of such fee, or the amount of the fee, by filing a written notice of appeal with the City Clerk, which appeal shall not be filed later than thirty days after payment of the impact fee. Said notice of appeal shall state the basis of the appellant's challenge to the fee. Within sixty days of the filing of a notice of appeal,the City Council shall hold a public hearing to receive oral and written evidence and argument from the appellant and City representatives. Within forty-five days after the conclusion of the hearing,the Council shall notify the appellant of its decision in writing. Section 10. Enforcement. A. Any individual or entity who undertakes land development in the City of South Burlington without first paying a required impact fee imposed pursuant to this ordinance shall be subject to a civil penalty of up to five hundred dollars per day for each day that such land development continues without payment of said fee. The Administrative Officer shall be authorized to act as the issuing municipal official to issue and pursue before the Traffic and Municipal Ordinance Bureau a municipal complaint. The Administrative Officer is authorized to recover a waiver fee of not less than $50 and not more than$150 for each violation and a civil penalty of not less than$100 and not more than$500 for each violation. B. In addition to the enforcement procedures set forth above,the Administrative Officer is authorized to commence a civil action to obtain injunctive and other appropriate relief Section 11. Severability. In the event any provision of this ordinance is for any reason invalid, such invalidity shall not affect the remaining provisions which can be given effect without the invalid provision. 8 SOUTH BURLINGTON IMPACT FEE ORDINANCE Amended October 19, 2009 TABLES ROAD IMPACT FEES: RESIDENTIAL TABLE RD-4: NET RESIDENTIAL ROAD IMPACT FEES PER UNIT Single Family Dwellings Multi-Family Dwellings DwellingCredit for Credit Credit for Credit for future for past future Year Base Fee past taxes taxes Net fee Base fee taxes taxes Net fee 2007 $1,009.86 $0.00 $439.81 $570.05 $669.91 $0.00 $278.36 $391.54 2008 $1,009.86 $0.70 $414.68 $594.48 $669.91 $0.40 $262.46 $407.05 2009 $1,009.86 $2.09 $345.40 $662.38 $669.91 $1.19 $218.61 $450.11 2010 $1,009.86 $3.14 $299.17 $707.56 $669.91 $1.79 $189.35 $478.77 2011 $1,009.86 $4.79 $214.14 $790.93 $669.91 $2.74 $135.53 $531.64 2012 $1,009.86 $5.44 $197.39 $807.03 $669.91 $3.11 $124.93 $541.87 2013 $1,009.86 $6.10 $181.31 $822.45 $669.91 $3.49 $114.75 $551.67 2014 $1,009.86 $6.77 $165.87 $837.21 $669.91 $3.87 $104.98 $561.05 2015 $1,009.86 $7.46 $151.06 $851.35 $669.91 $4.26 $95.61 $570.04 2016 $1,009.86 $8.16 $136.83 $864.88 $669.91 $4.66 $86.60 $578.65 2017 $1,009.86 $8.87 $123.16 $877.83 $669.91 $5.07 $77.95 $586.89 2018 $1,009.86 $9.60 $110.02 $890.24 $669.91 $5.49 $69.63 $594.79 2019 $1,009.86 $10.35 $97.39 $902.12 $669.91 $5.92 $61.64 $602.36 2020 $1,009.86 $11.13 $85.23 $913.50 $669.91 $6.36 $53.94 $609.61 2021 $1,009.86 $11.92 $73.53 $924.41 $669.91 $6.81 $46.54 $616.56 2022 $1,009.86 $12.74 $62.25 $934.87 $669.91 $7.28 $39.40 $623.23 2023 $1,009.86 $13.59 $51.38 $944.89 $669.91 $7.76 $32.52 $629.62 2024 $1,009.86 $14.46 $40.89 $954.51 $669.91 $8.26 $25.88 $635.76 2025 $1,009.86 $15.37 $30.76 $963.73 $669.91 $8.78 $19.47 $641.66 2026 $1,009.86 $16.30 $20.97 $972.59 $669.91 $9.32 $13.27 $647.32 2027 $1,009.86 $17.28 $11.48 $981.10 $669.91 $9.87 $7.27 $652.77 2028 $1,009.86 $18.29 $2.29 $989.28 $669.91 $10.45 $1.45 $658.01 9 ROAD IMPACT FEES: NON-RESIDENTIAL Table RD-5: Table RD-6 Credit for Past Tax Payments Credit for Future Tax Payments Credit per Credit per Construction Annual Tax Rate Tax on $1,000 of Construction Annual Tax Rate Tax on Year Expense Needed $1,000sedof P $1,000 value assessed value Year Expense Needed $1,000 value assessed value 2007 $372,750 0.014913 $0.15 $0.00 2007 $372,750 0.014913001 $0.15 $1.39 2008 $733,375 0.02848632 $0.28 $0.16 2008 $733,375 0.028486315 $0.28 $1.31 2009 $532,875 0.02009548 $0.20 $0.46 2009 $532,875 0.020095476 $0.20 $1.09 2010 $864,163 0.03163963 $0.32 $0.70 2010 $864,163 0.03163963 $0.32 2011 $244,500 0.00869115 $0.09 $1.06 $0.68 2012 $237,938 0.00821155 $0.08 $1.21 2011 $244,500 0.008691152 $0.09 $0.68 2013 $231,375 0.00775248 $0.08 $1.362012 $237,938 0.008211549 $0.08 $0.62 2014 $224,813 0.00731321 $0.07 $1 31 2013 $231,375 0.007752477 $0.08 $0.57 2014 $224,813 0.007313213 $0.07 $0.52 2015 $218,250 0.00689293 $0.07 $1.66 2015 $218,250 0.00689293 $0.07 2016 $211,688 0.00649096 $0.06 $1.81 $0.43 2017 $205,125 0.00610652 2016 $211,688 0.006490955 $0.06 $0.43 $0.06 $1.97 2017 $205,125 0.006106519 $0.06 $0.39 2018 $198,563 0.005739 $0.06 $2.13 2018 $198,563 0.005739 $0.06 2019 $192,000 0.00538768 $0.05 $2.30 $0.35 2020 $185,438 0.00505199 $0.05 $2.47 2019 $192,000 0.005387682 $0.05 $0.31 2021 $178,875 0.00473125 $0.05 $2.47 2020 $185,438 0.005051987 $0.05 $0.27 2022 $172,313 0.004732 $0.04 $2.83 2021 $178,875 0.00473125 $0.05 $0.23 2023 $165,750 0.00413243 $0.04 $3.02 2022 $172,313 0.004424937 $0.04 $0.20 2024 $159,188 0.00385323 $0.04 $3.21 2023 $165,750 0.004132428 $0.04 $0.16 2025 $152,625 0.00358677 $0.04 $3.41 2024 $159,188 0.00385323 $0.04 $0.13 2026 $146,063 0.00333258 $0.03 $3.62 2025 $152,625 0.003586766 $0.04 $0.10 2027 $139,500 0.00309013 $0.03 $3.84 2026 $146,063 0.003332578 $0.03 $0.07 2028 $35,438 0.00076214 $0.01 $4.06 2027 $139,500 0.003090133 $0.03 $0.04 2028 $35,438 0.00076214 $0.01 $0.01 10 RECREATION FEES: RESIDENTIAL ONL Y TABLE REC-4: NET RECREATION IMPACT FEES per unit Dwelling SINGLE FAMILY DWELLINGS Total MULTI-FAMILY DWELLINGS EN Year Base Fee Credits Total ES Base Fee Credits 2007 $1,938.75 2008 $268.82 $1,669.93 $1,938.75 $282.26 $1,656.49 EMI $170.14 $1,251.61 2009 $1,938.75 $282.37 � $178.65 $1,243.10 2005 $1,938.75 $1,656.38 $178.70 2011 $241.58 $1,697.17 $1,268.92 $1,938.75 $230.37 $1,708.38 ® $152.83 $1,2 . 2012 $1,938.75 �� $1,276.03 2013 $1,938.75 ® $1,766.98 $108.55 2014 $101.44 $1,837.31 $1,313.20$1,357.79 $1,938.75 $66.17 $1,872.58 ® $63.96 2015 $1,938.75 EMI $41.59 $1,380.16 201619 $1,938.75 ® $1,885.22 $33.56 2017 EillEMI $1,897.41 $1,395.94 $1,938.75 $29.58 $1,909.17 lagalin® $25.81 $1,3 . 2018 $1,938.75 $18.21 $1,920.54 $18.34 $1,403.41 ® $1,410.64 Page 11 FIRE PROTECTION IMPACT FEES: RESIDENTIAL TABLE FP-7: NET RESIDENTIAL FIRE PROTECTION IMPACT FEES, PER UNIT Single Family Dwellings Credit for Multi Family Dwellings Dwelling Credit for Credit for Year Base fee Future past taxes Taxes Net Fee Credit for future 2007 Base Fee $304.85 $0.00 $168.74 past taxes taxes Net Fee 20087 $304 . 5 $0.04 $136.11 $192.16 $0.00 2009 $304.85 $0 74 $174.27 $130.53 $192.16 $0.02 $106.80$110.30 $8$81.84 2010 $304.85 $1 78 $133.91 $170.16 $192.16 $0.45 $84.75106.9 2011 $304.85 $2.37152 $93.42 $209.91 $192.16 $0.87 $59.13 $1$132.16. 6 1 $304.85 $2 99 $46.90 $255.58 $192.16 $1.35 $29.69 $161.12 2012 $304.85 $15.14 $286.72 $192.16 $9.58 $180.87 2013 $304.85 $3.53 $2.81 $298.71 $192.16 $1.91 $188.48 20142015 $304.85 $3.72 $1.68 $299.65 $192.16 $2.01 $1.78$1.06 09 2016 $304.85 $3.91 $0.28 $300.66 $192.16$0.83 $300.30 $192.16 $2. 3 $0.18 $189. 5 $2.23 $0.18 $189.75 FIRE PROTECTION IMPACT FEES: NON-RESIDENTIAL TABLE FP-8 ESTIMATED POST-DEVELOPMENT VALUES PER SQUARE FOOT OF FLOOR SP Type and Quality of Construction: ACE Fireproofed Steel Masonry or Skeleton or Concrete Bearing Wood Frame Pre-Fabricated Type of Use Reinforced Wall Structure Structure Steel Structure Industrial/Manufacturing $66 Engineering Research $88 $49 $46 REIMMIMMI General Office $69 $65 $64 Medical Office $96 $93 $88 - ' $84RIELIIMMIL $110 $104 IIEZIAuto Service Facility lilinalrammEnninumEa$69 $67 Elder Care Facility $102 Motel N/A $84 $81 $78 Page 12 FIRE PROTECTION IMPACT FEES: NON-RESIDENTIAL (continued) TABLE FP-9: NON-RESIDENTIAL FIRE PROTECTION IMPACT FEE CREDIT FOR PAST TAX PAYMENTS Assume grand list has a 2006 value of$24,994,969, has •rown at 3.0%,and will continue to•row at 3.0% CONSTRUCTION ANNUAL TAX RATE TAX ON YEAR EXPENSE NEEDED $1000 CREDITS PER $1,000 OF 2007 VALUE ASSESSED VALUE $23,000 0.000920 $0.01 $0.00 2008 $399,800 0.015529 $0.16 2009 $396,000 0.014934 $0.01 $0.15 $0.17 $0.166 2010 $442,400 0.016198 34 2011 $0. $303,700 0.010796 $0.11 $0.53 2012 $120,000 0.004141 $0.04 2013 $12,000 0.000402 $0.00 $0.674 2014 $0.7 $9,000 0.000293 $0.00 $0.78 2015 $6,000 0.000189 $0.00 2016 $3,000 0.000092 $0.87 $0.00 $0.87 TABLE • NON-RESIDENTIAL FIRE PROTECTION IMPACT FEE CREDIT FOR FUTURE TAX PAYMENTS Assume grand list has a 2006 value of$24,994,969, has •rown at 3.0%,and will continue to grow at 3.0% CONSTRUCTION TAX RATE TAX ON $1000 CREDITS PER $1,000 OF YEAR PAYMENT NEEDED VALUE ASSESSED VALUE 2007 $23,000 0.000920 $0.01 $0.53 2008 $399,800 0.015529 $0.16 $0.55 2009 $396,000 0.014934 $0.15 2010 $442,400 0.016198 $0.30 2011 $0.16 $0. 0 $303,700 0.010796 $0.11 $0.15 2012 $120,000 0.004141 $0.04 5 2013 $12,000 0.000402 $0.00 $0.01 2014 $0.01 $9,000 0.000293 $0.00 $0.01 2015 $6,000 0.000189 $0.00 2016 $3,000 0.000092 $0.00 $0.00 $0.00 Page 13 City of South Burlington Procedure for Making Appointments to Positions on City Boards, Commissions, and Committees Whenever a term for a position for a City Board,Commission,or Committee will expire,the following procedures shall be followed: A) The City Manager(or his/her designee)shall seek applicants for the position using a process endorsed by the City Council,which shall include but not limited to advertizing for applicants in the Other Paper. The advertizing shall ask each applicant for his/her 1s`,2nd,and 3rd choice among the positions whose terms are expiring. B) The City Manager shall provide the City Council with the applicants'names and any supporting information submitted; C) The City Council shall invite each applicant to be interviewed at a City Council meeting and shall interview each applicant who appears for such interview; D) The City Council shall assess the applicants qualifications in executive session;and, E) The City Council shall make its appointment to the position during the public portion of a City Council meeting. NOTE: This procedure is not intended to establish a limit on continuous service in a position on any City board,commission or committee. It is also not intended to discourage incumbents from applying for re-appointment. Approved 05/17/2010 4'0461 Wine- City of South Burlington,575 Dorset Street,VT 05403 802-846-4107 Website:sburl.com Commission, Boards and Committee Application Form Note to applicants, including incumbents: After submitting a completed application to the City Manager's Office you will be required to attend a City Council meeting to be interviewed. You will be advised of the date and approximate time of the Council meeting when you will be interviewed and your application considered. Please print clearly Legal Full Name: Date of Birth: / / Other Names/Nicknames Used: Present Mailing Address: How long at this Address? Legal residence:(if different from above) Home Phone: Business Phone: Cell Phone: E-mail Current Employer Years of Service: Employer Contact Person and Phone: Are you a legally registered voter in the Gty of South Burlington? Yes No Position(Commission,Board or Committee)applying for:1) 2) 3) Term (Please provide your 1st,2nd,&3`°choices) Please give detail stating why you want to serve in this capacity and list qualifications you have which you believe may be beneficial to the commission,committee or board you are applying to(please use back of form or attach additional sheets as needed). Do you have any violations other than minor traffic violations? Have you ever been charged with,or convicted of,a criminal offense? If so,provide complete details(use back of form or attach additional sheets as needed). By signing here you acknowledge:All information provided is accurate and complete to the best of your ability;and,you understand the City Council has the authority to remove members appointed by them in accordance with the City Charter and Vermont State Statue,as applicable,for misrepresentation of any statement made on this application. Please sign here: Date:_J�J By signing here you understand a Criminal Convictions Records History will be obtained by the City of South Burlington Duly Authorized Agent from the Vermont Criminal Information Center,as permitted by law.Arty and all confidential information(birth date,etc)will not be shared with any outside party and will be solely used by the City Manager's office. Signature: Date: Qty Manages otrtm use Only Application has been notified by(phone,e-mail,etc) to attend Council meeting on / /_(date) Notification made by(staff person) Term of appointment(to-from) Voter registration verified by(staff person) Date__ �_ For incumbents-attendance during the past year has been(provide numerical information) Used for 2011-2012 Applicants' Interviews Questions and Guidelines for SB Applicants'interviews Prepared based on Councilors input(6/6/11) • It is suggested that each applicant be asked all questions by the same Councilor.This may be the Chair,Vice-Chair or a rotation involving all Councilors to be determined at the time of the interview. • All common questions can be asked of each applicant before there would be follow-up by any Councilor. • At the end of Councilor questions,applicants have the opportunity to ask questions of Council. • Given the number of interviews to be conducted,we would like to"average"five(S)minutes per interview-we do recognize some interviews may exceed five minutes and others last less than five minutes. Applicants are asked to be succinct in their responses to questions. Question applicants will be asked are: 1. Please explain why your background or education or interests has led you to apply for the 2. Have you ever served on a South Burlington or other community's committee in a similar(or different) capacity? 3. [For DRB applicants only]Can you given an instance of a situation where you had a preconceived opinion about an issue and changed your mind about it? 4. As this position involves working with a group of fellow citizens,what do you like most(and least),about working with a small group of people? 5. Council follow-up questions? AffittiNTEEFI}M. NMI: •,, e A mutli •. • ikelPor*- ,:•••4,•1/2trialhoCrty of.Sotah,132urtfitran: .. ' • • • ' c:lisieeking'Ffrplica:lot'-opentngs commetees: ., .•iary CHARTER COMNIE:,-Ntn,.10.1,e5rfizer.,*),ActviAzs,9ty•Coux . Cbarter;TecOnT4uPds.:' aMewil*fal.*ass-RoVired,,Me434s,,WePs7.3;Y- . . •CORgECTIQNAL MOUT/OATISON4ine.xyear.tecink.Revieso: ' activity:at theBouthBitilingtoaiQ.ortecticaml faciffy.,meitr,06033es•-i •DESIGN REYIEW COADAITIgEnfriv44-y4s.b*.$)35L;VetoOstandardo ofolevelopMentforoOnsliletationbyeneattantraatC-on adviee,IDevelopmentlteviettakoniortpropomtbiiortengos.doMetn...-„,• Meat-once a month.. •.• • in.•••.7:.•:" • . • •-•pliVELQP:ivIENTICEVIEWSCIARD:(Tozci a-year terms ei2 years. .t•-renig.rioa.3,year.terca)-Reviews and rnalcesdg„• , development proposals for.commerciarandresid,- r."9n. ' rtiesday eyerungstwice a MM%•111;i0.c.casion?-14... .A ‘"."-A" • ENERGY COBEteMEE:(Boo 11=1ml:es& o Xvear,term)Assists Me,..CAty maddressmg-the iienCy;_affordablreerW,W,Rssen76tn• ' ' • •energy nAso:„Fem.-Meets once a month-nconsio liotroft • wcTI01,'01x1,1•••:. :-. •- . • - -"4e •1.40.1Y-BCOOMATInge'S.,YeififerliS.4.,1,' o • . -t.eirix4k YegiBit:O.F.4,41, 21.B)-wo.T-.01-4.050-Er„ _ Z1.-rtetlgtca• • •40FIC!.4111!`440tigxAltecl.to .,.. ta-vY,..7.. 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Z ®`g! { tEf §! / ( ƒ off)\\\// }\kj} 0. , ® ® _ } \\\�� / \ \ -/ \ )) 2 / )± ! rE 0 . 0. to 0 /\ \ uo 72*3 00 / / eo / } / / / / E } \\` ^ ^ ° If 5 2 {o 0 : \ ®E k H k j t I I § • SOUthbi t VERMONT AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall Conference Room 575 Dorset Street SOUTH BURLINGTON, VERMONT Executive Session 6:00 P.M. Monday, May 6, 2013 Consider entering Executive Session to discuss personnel, contract negotiations and litigation where premature general public knowledge would clearly place the municipality at a substantial disadvantage. Please make sure to say in open session who you are inviting into the Executive Session (other than Councilors). Please provide to the CM office via email (jladd@sburl.com & cingalls(c�sburl.com ) who made the motion to going into Executive Session and who seconded it. And who (if any) were invited into the Executive Session. 1. ***Discuss Maille Appeal 2. Discuss Ambulance Fees 3. Discuss Sandy Miller's benefits and provide update. 4. Discuss Claire Solar Project 5. ***Discuss considering authorizing the Interim City Manager to enter into contract negotiations with a consultant for the Open Space Study. Respectfully Submitted: Kevin Dorn, Interim City Manager ***Attachments Included South Burlington City Council Meeting Participation Guidelines City Council meetings are the only time we have to discuss and decide on City matters. We want to be as open and informal as possible; but Council meetings are not town meetings. In an effort to conduct orderly and efficient meetings,we kindly request your cooperation and compliance with the following guidelines. 1. Please be respectful of each other(Council members,staff, and the public). 2, Please raise your hand to be recognized by the Chair. Once recognized please state your name and address. 3. Please address the Chair and not other members of the public,staff,or presenters. 4. Please abide by any time limits that have been set. Time limits will be used to insure everyone is heard and there is sufficient time for the Council to conduct all the business on the agenda. 5. The Chair will make a reasonable effort to allow everyone to speak once before speakers address the Council a second time. 6. The Chair may ask that discussion be limited to the Councilors once the public input has been heard. 7. Please do not interrupt when others are speaking. 8. Please do not repeat the points made by others,except to briefly say whether you agree or disagree with others views. 9. Please use the outside hallway for side conversations. It is difficult to hear speaker remarks when there are other conversations occurring. City of South Burlington Procedure for Making Appointments to Positions on City Boards, Commissions, and Committees Whenever a term for a position for a City Board, Commission, or Committee will expire, the following procedures shall be followed: A) The City Manager(or his/her designee)shall seek applicants for the position using a process endorsed by the City Council, which shall include but not limited to advertizing for applicants in the Other Paper. The advertizing shall ask each applicant for his/her 1st, 2"d and 3rd choice among the positions whose terms are expiring. B) The City Manager shall provide the City Council with the applicants' names and any supporting information submitted; C) The City Council shall invite each applicant to be interviewed at a City Council meeting and shall interview each applicant who appears for such interview; D) The City Council shall assess the applicants qualifications in executive session; and, E) The City Council shall make its appointment to the position during the public portion of a City Council meeting. NOTE: This procedure is not intended to establish a limit on continuous service in a position on any City board, commission or committee. It is also not intended to discourage incumbents from applying for re-appointment. Approved 05/17/2010 i 401, City of South Burlington, 575 Dorset Street,VT 05403 802-846-4107 Website: sburl.com Commission, Boards and Committee Application Form Note to applicants, including incumbents: After submitting a completed application to the City Manager's Office you will be required to attend a City Council meeting to be interviewed. You will be advised of the date and approximate time of the Council meeting when you will be interviewed and your application considered. Please print clearly Legal Full Name: Date of Birth: / / Other Names/Nicknames Used: Present Mailing Address: How long at this Address? Legal residence:(if different from above) Home Phone: Business Phone: Cell Phone: E-mail Current Employer: Years of Service: Employer Contact Person and Phone: Are you a legally registered voter in the City of South Burlington? Yes No Position(Commission,Board or Committee)applying for:1) 2) 3) Term (Please provide your 1st, 2nd, &3rd choices) Please give detail stating why you want to serve in this capacity and list qualifications you have which you believe may be beneficial to the commission,committee or board you are applying to(please use back of form or attach additional sheets as needed). Do you have any violations other than minor traffic violations? Have you ever been charged with,or convicted of,a criminal offense? If so,provide complete details(use back of form or attach additional sheets as needed). By signing here you acknowledge:All information provided is accurate and complete to the best of your ability;and,you understand the City Council has the authority to remove members appointed by them in accordance with the City Charter and Vermont State Statue,as applicable,for misrepresentation of any statement made on this application. Please sign here: Date:_J� By signing here you understand a Criminal Convictions Records History will be obtained by the City of South Burlington Duly Authorized Agent from the Vermont Criminal Information Center,as permitted by law. Any and all confidential information(birth date,etc)will not be shared with any outside party and will be solely used by the City Manager's office. Signature: Date: / / City Manager's Office Use Only Application has been notified by(phone,e-mail,etc) to attend Council meeting on / / (date) Notification made by(staff person) Term of appointment(to-from) Voter registration verified by(staff person) Date / / For incumbents-attendance during the past year has been(provide numerical information) Used for 2011-2012 Applicants' Interviews Questions and Guidelines for SB Applicants' Interviews Prepared based on Councilors input(6/6/11) • It is suggested that each applicant be asked all questions by the same Councilor. This may be the Chair, Vice-Chair or a rotation involving all Councilors to be determined at the time of the interview. • All common questions can be asked of each applicant before there would be follow-up by any Councilor. • At the end of Councilor questions, applicants have the opportunity to ask questions of Council. • Given the number of interviews to be conducted, we would like to "average"five (S) minutes per interview-we do recognize some interviews may exceed five minutes and others last less than five minutes. Applicants are asked to be succinct in their responses to questions. Question applicants will be asked are: 1. Please explain why your background or education or interests has led you to apply for the 2. Have you ever served on a South Burlington or other community's committee in a similar(or different) capacity? 3. [For DRB applicants only] Can you given an instance of a situation where you had a preconceived opinion about an issue and changed your mind about it? 4. As this position involves working with a group of fellow citizens, what do you like most(and least), about working with a small group of people? 5. Council follow-up questions? _ -- - --, , :, .!r , .. i.J ., 1,,,,.-„,,,I1P11 „IA ! , ' c,.. - • NI - ,-,h•),7 Or,,,-'''''' ' '''-- -;4 --e" ,ter q,',,,sr. -,":,e,t-,t1,, `— ' MAY' c®?Uiimw , ..The Cragr `Svuth,Hur1ingtcta IN 'is seeking applicants f&ioopentngs on iiiifoltetving city boards,commissions and committees: •11 CITY CHARTER COMMITTEE:(Ctne7year term)Advises City:Counciil on City Charter;recommends amencimer4 asrequired. Meets as necessary. • CORRECTIONAL FACILITY LIAISON:(One,3-year,term),Revews activity at the-South Burlington Correctional facility. Meets:6..times'a year.•» • DESIGN REVIEW COMMITTEE:(Two-3-year terms)Develops standards for designof-development,for'consideration by thet '€ommission; advises Development Review,Boardon propofiar hitE e,sigrOistricts. Meets once a month. _ - ,,;;s; ~ .. • DEVELOPMENT REVIEW BOARD:(Two 3=year terms&2 years, remainig on a 3-year term)Reviews and makes P 3i_ , .., development proposals for commercial and • G(;4'a 7 , ill.t n Tuesday evenings twice a month;occasionally m= ••% F -, b Wes. • ENERGY COMMITTEE:(Two 1-year terms Sr c`'°,-t.,1'i • ',.11- • 3-year term)Assists the City in addressing the X/•lz q '• efficiency affordable:energy,and essen our reliance o o �, .• energy resources. Meets once a montivoccasion p * 3@ ham.` . working groups. '� % i ; x� •'LIBRARY BOARD:(Three 3-yea1 ter"tns&J.year rrei' o , "a•' term,&2 years rem sn„g 0i is 3-year )Works Closely With Cit rCouLncil and Cary Adrxtrrrrsprai}oi tp irianage ary. • NATURAL RESOLIRQ tCOMM1(Three- � c studies and manaketnept r tural•resources mttllg.Ci psp s_ strategies and policies to Planning Commission. Meetio -a'mont - • oecasionai r oo€sg€ten witkz king groups. ..' t r,t ,, .4 •,PENSION AIaVIS0RY trR/vItiifI TEE:(One i-year ' Burlington Retirement IncoineePlan(SBRIP)investmelCt � documents and makes recommendations to City r ab { lit •PLANNING COMMISSION (One 4-year term&Tw9-4-30aris) ' Drafts long range plans and land use regulations for coriside'tation'by City Councils undertake;specialsticjies en,land use issues.Meets,twice a month; occasioeall.ymore.often ar _ � elprojectassig ents: 1 =2 a •ci.>>, • RECREA,TION=PATTI COMMITTEE:,(One 3-year term&1-year remaining on a 3-year term)Oversees the general operation of the City's ,rec reaiionpath system,which includes paved paths trails and sidewalks. Advisesthe City Council of operational heeds and Dev oRment Review, Board future development plans foi the path-.network e€ts do ird L. Mondayof evei Ynontir t'< - Reeir CREATION E ® 8 a EE (ThreM.4 1 with,Recreation&Pa v" ,..,•!,q; review current pro m = bin it additional oppo " a "a every other most t " & x: • RED ROCKS PARK CO I i ,_,,llai� . tez�or �S 'Recreation&Parks Directo �� ,t peri tb,_&e''`•i '• t ' hocks Park: Meets 2.3 time - 1;n" "�-asotr:wwalleia`f#hepark-ant_ a post evaluation ,_. ! $REP TO BLIMIstafiERIAIRPORT C Mt ISSION (2 years . remaining on a 4-year term)'Oversees opera)ionof the Burlington International Airport,plus servers on committees assigned bythe Commission. The Rep rs a conduit to the City and City Council and serves: `as a voting mj nber-for the City~"tie Commissiorrnieetsithe:third Monday- . :of every'month. ", Interested residents should fill out a Board,`Commission Committee Application;find the application on our websit f stop by the, ity,Manager's.office to pick up an application, i All applications wl10e c4u b.,)11 2,9�?©Vi,.'r. '�` s Attn:City Manage7 s�bfhhe „ � 575 Dorset Street „ $,f, «. , �'_., ,A,r, i, South Burlmgtonf Y�,j 0 ,,, . a ,i: ..,, _ � *- or by email to ileda@s,burC,coi southburXijn� t+' Interviews will be-conducted b the Cl c y �%rGounFJl.on June 4-.&f8. Thank you forjou interett*o 7 Op,tu'fellyw_citizens. • g e - a q � � g \ \\} a ID i \ \ 2\\ / } 0 o 3 \/3 A. i % § \\/ S £ CO an 3 g C \ - § \ \ 0 co 2 /& 2 m CO 0 0 1 o k � 3 N.) CD ° 2 f ; E cn � / = « n 0 3 w co M ■ 3 < § 3 o u) / \ 02 o 71 R / \ / co2 § / { co) k / k 0 E g 0 / I 7 c E ( 0 § 2 \ E $ 5 k Co TT ± o { z7 ° m [\ �\ \\ // up g ƒ {\ (\} *� \ ` z _ m v ! 0 Q | a. ) # 2 7 \ \ e m § a 3 ( ( -n 0 f f 2 # R ■ ; \ 3 [ COo ) ( § a. , § } i ( \ . e °/ § / C CD CD § DC DC --I - g. ° k \ ) 7 ) D W ) ) 9 CO k ¢ } (Fi k ; 6. ( ƒ -9 4. \ \ • rnso k E \ Cl) S 0. 00 ; ; @ & \ \ 7 / 2 m (I) m /! ( w /_! ° ( \ I § C \ \2 [\ ( o\ } }_ CD x. 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( 0 \ o ( ( k n / _ - 2 2 ) \ m. % o 2 ( ± } 2. / \ . o e e =/ ( ( w CD CO ) / ° ] ) } } ) } \ ) J _ CO / ( ƒ 2 ( 3 R g2 Z \ K I ° + / q / \ / 2 ( I2 7 co -03 } m / , CO : 3 3 CO CD E/ { 7 \ _ o e ( [ ®^o o- \ 2\= G®® c ^ °& � ` „ & \ ( \ } \ ( / \»/ \(\} (32 % z : = e 3 ` ° c /\} (g _ ) (22 40 south., VERMONT AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall Conference Room 575 Dorset Street SOUTH BURLINGTON, VERMONT Executive Session 6:00 P.M. Monday, May 6, 2013 Consider entering Executive Session to discuss personnel, contract negotiations and litigation where premature general public knowledge would clearly place the municipality at a substantial disadvantage. Please make sure to say in open session who you are inviting into the Executive Session (other than Councilors). Please provide to the CM office via email (jladd@sburl.com & cingalls(a�sburl.com ) who made the motion to going into Executive Session and who seconded it. And who (if any) were invited into the Executive Session. 1. ***Discuss Maille Appeal 2. Discuss Ambulance Fees 3. Discuss Sandy Miller's benefits and provide update. 4. Discuss Claire Solar Project 5. ***Discuss considering authorizing the Interim City Manager to enter into contract negotiations with a consultant for the Open Space Study. Res I ubmitted: Kevin Dorn, Interim City anager ***Attachments Included South Burlington City Council Meeting Participation Guidelines City Council meetings are the only time we have to discuss and decide on City matters. We want to be as open and informal as possible; but Council meetings are not town meetings. In an effort to conduct orderly and efficient meetings,we kindly request your cooperation and compliance with the following guidelines. 1. Please be respectful of each other(Council members,staff, and the public). 2. Please raise your hand to be recognized by the Chair. Once recognized please state your name and address. 3. Please address the Chair and not other members of the public,staff,or presenters. 4. Please abide by any time limits that have been set. Time limits will be used to insure everyone is heard and there is sufficient time for the Council to conduct all the business on the agenda. 5. The Chair will make a reasonable effort to allow everyone to speak once before speakers address the Council a second time. 6. The Chair may ask that discussion be limited to the Councilors once the public input has been heard. 7. Please do not interrupt when others are speaking. 8. Please do not repeat the points made by others,except to briefly say whether you agree or disagree with others views. 9. Please use the outside hallway for side conversations. It is difficult to hear speaker remarks when there are other conversations occurring. southburtington PLANNING & ZONING CONDIFENTIAL MEMORANDUM TO: South Burlington Interim City Manager&City Council FROM: Paul Conner, Director of Planning&Zoning SUBJECT: Consideration of Authorizing City Attorney to represent the City in Maille Airport Appeal to the Supreme Court DATE: May 6, 2013 City Council executive session Resident George Maille has appealed the Environmental Court's decision to uphold the issuance of 54 demolition house permits to the Airport to the Supreme Court. The City Council needs to determine whether it will authorize the City Attorney to represent the City in the appeal. Brief background: In February 2012, the Airport submitted zoning applications for the removal/demolition of 54 vacant homes near the Airport.The Airport is the owner and applied for the permits.The City's Administrative Officer reviewed the applications carefully and ultimately approved the permits pursuant to the Land Development Regulations.The Administrative Officer's decisions were appealed by a resident, Mr. George Maille, in March 2012. All parties agreed to have the appeals heard as a single case. The city's Development Review Board heard the appeal and ruled to uphold the decision of the Administrative Officer. Mr. Maille subsequently appealed the DRB's decision to the Environmental Court. This spring, the Environmental Court ruled Mr. Maille's appeal.The Court stated "We conclude that under the LDR, BTV's permit applications require only a zoning permit and that the demolition or removal of the 54 homes at issue in this case is permitted in the R-4 District and need not undergo site plan review.This Decision concludes the pending appeal." This decision upheld the determinations of the Administrative Officer and of the Development Review Board that the permits should be issued. Last month, the Council reviewed its options found no reason to appeal the decision on its own. Now the Council must decide whether to represent the City in this appeal before the Supreme Court. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com N • 4 00k4.4 south art not on PLANNING & ZONING MEMORANDUM TO: Sandy Miller, City Manager FROM: Cathyann LaRose, City Planner SUBJECT: Interim Zoning: Open Space Working Group DATE: December 17, 2012 City Council Meeting Background: In October, the City Council asked the South Burlington Natural Resources Committee (NRC) to serve as one of the four Committees working towards changes during the Interim Zoning period. As staff liaison to the NRC, I have continued as primary staff liaison to the new working group. The Group began discussions on October 4th with a dialogue of the goals of their work. They agreed to meet two times per month, and seek additional input from other committees, notably the South Burlington Planning Commission, Recreation and Leisure Arts Committee, and South Burlington Land Trust. Proposed Work Plan: The group discussed several potential products, ranging from updates to the Open Space Strategy (produced in 2002), updates to the Comprehensive Plan, and a policy/guidance document for City land acquisition. While they felt that each product was with merit, members ultimately felt that the most urgent need, over the next several months, included updates to the Land Development Regulations (LDRs). The proposed scope of the updates includes: 1. Evaluation of natural resources outside of the Southeast Quadrant (SEQ), including wildlife corridors, surface water corridors, and identification and protection of discreet unique natural resources; 2. Re-assessment and possible additions to scenic view corridors; 3. Development of open space requirements within PUDs; and, 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com 4. Completion of project to develop site-specific natural resource conservation standards. Following the completion of these projects, the group recommends work on the other products discussed and listed above. Budget and Consultant: The group unanimously recommends that Staff communicate with existing consultants to determine whether they may add these tasks as revisions to their contracts: where necessary, additional personnel may need to be added to the consultant team. Doing so would save significant staff resources and allow the work of the Open Space Committee to "catch up" to the timing of the other three IZ committees. Cost estimates will be developed following communication with potential consultants. In anticipation of this project, however, staff presented a possible budget of $30,000 for the completion of studies related to Open Space IZ work. Group Members The group respectfully recommends that the following members be officially appointed to the Interim Zoning Open Space Committee: • Peter Jones, Chair of NRC • Patrick Clemins, NRC Member • Russell Agne, NRC Member • Betty Milizia, NRC Member • Laurel Williams, NRC Member • Mark Dupois, NRC Member • Jonathan Miller, NRC Member • Barbara Benton, Planning Commission Member (approved by the Commission 11/13) • South Burlington Land Trust Representative- Patricia Allen • South Burlington Recreation and Leisure Arts Committee Rep- Jennifer Kochman (discussed at the RLAC meeting 11/13) • Helen Riehle, City Councilor The group respectfully asks the Steering Committee for feedback and guidance on the proposed work products, consulting options, and committee roster. 2 JLadd From: Cathyann LaRose Sent: Thursday, May 02, 2013 10:47 AM To: JLadd Cc: Bob Rusten; Kevin Dorn; Paul Conner Subject: Council Agenda for May 6th: Open Space Project Proposal Attachments: Open Space Group Memo Steering Committee Dec 17.pdf To City Manager's Office; Consistent with what the Council approved in late 2012 (see attached memo dated December 17, 2012 which was approved as part of the consent agenda on said evening), Planning Staff sole-sourced a Request for Proposal for Open Space study to augment the goals of the Interim Zoning period in South Burlington.The Open Space Committee received a proposal from Front Porch Community Planning and Design, a consultant already contracted as part of the Affordable Housing Committee.The Open Space Committee appointed a sub-committee to review the proposal and provide feedback.That feedback and changes have been incorporated in a final draft proposal which is to be voted on by the Open Space Committee at its meeting tonight and can be forwarded to you immediately after. Staff recommendation: Staff respectfully recommends that the Proposal be presented to the City Council for its May 6th meeting. Staff recommends that the Council motion be to authorize the City Manager to enter into contract negotiations with the consultant. Staff notes that, per previous discussions with City Council and the City Manager's office,the work done under this proposal would extend into the first quarter of FY14; and that a reserve fund be set up such that the fees are charged to FY13 as anticipated. I am available to answer any additional questions. Respectfully, Cathy Cathyann LaRose, AICP City Planner 4 City of South Burlington 575 Dorset Street South Burlington,VT 50403 802.846.4106 clarose@sburl.com www.sburl.com i Notice-Under Vermont's Public Records Act,all e-mail,e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business,concerning a City official or staff,or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request,unless otherwise made confidential by law.If you have received this message in error,please notify us immediately by return email. Thank you for your cooperation. 2 May 6 Agenda Items Exec Session: 1. Maille Appeal �r►b( r � << * an 's 05l e- Consent: Na►fe Solo r 1. Sign Disbursements 2. Minute Approval- March 4, 26, April 15 3. Resolution to Create a Community Garden Reserve Fund 4. Updated Resolution for Issuance of Payment for Special Circumstances 5. Resolution to Create a Reserve Fund for Capital Improvement Program(CIP) Skarn wo -J2A 6c4t vi-L Agenda Items: • 1. Presentation to Paul Engels �2. Red Rocks Park Management Study Presentation 3. CSWD Presentation from Paul Stabler 4. IZ-Deliberative Session: IZ # 13-02 Malone Dorset Street Properties, LLC (Trader Joe's) . Search Process for City Manager 6. Police Station Solar Array 7. Discussion of procedure for making appointments to City Boards, Commissions & Committees le,idd + ems. rocalio-L61 CuLI u t-Q-u_) /YIP' cuss ['r�nc� ��' -± - bid CC- ec 40 gitle_Sliet eh -6 17/1-"C (QCOrCi 4e) faif-e6 CC 4014iscuiyo m� al (vim .e s_eci rch of hr vs fluas AJ 1 9 Id JLadd From: Celine Ingalls Sent: Tuesday, April 23, 2013 2:49 PM To: JLadd Subject: Paul Engels on May 6th agenda Janice— I just talked to Paul Engels and he is available to go to the May 6th City Council meeting. Thanks, Celine 1 1Ladd From: Tom Hubbard Sent: Wednesday, May 01, 2013 12:30 PM To: J Ladd Subject: Red Rocks info for Council packet Attachments: RRP Management Study 5 1 13.pdf; Memo to Council regarding RRP Management Study.doc; ExecSumm.pdf Hi Janice Please find attached the information on the Red Rocks Park Management Study and cover letter from Chair of the Committee. As an alternative to sending the 8M full report, here is the link to the study as an option: www.uvm.edu/^'smazowit/RRPManagementStudy.pdf Thank you, Tom south Thomas Hubbard, CPRP Director of Recreation& Parks South Burlington Recreation&Parks 575 Dorset St, South Burlington, VT 05403 (P) 802-846-4108 .,. (F) 802-846-4101 Stay Connected with Us! www.sburlrecdept.com https://twitter.com/sburlrec www.facebook.com/SouthBurlingtonRec www.sburlrecdept.com/erec_newsletter.php Notice- Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request,unless otherwise made confidential by law.If you have received this message in error,please notify us immediately by return email. Thank you for your cooperation. 1 JLadd From: Kevin Dorn Sent: Monday, April 22, 2013 9:22 AM To: 'Paul Stabler' Cc: Pam Mackenzie; Bob Rusten Subject: RE: South Burlington's Representative to the Chittenden Solid Waste District Hi Paul—thank you so much for introducing yourself. The City Council has begun to have conversations about appointments to various boards and commissions and they have an interest in getting a report from you regarding the CSWD. We would tentatively like to have you on the Council agenda for their May 6th meeting. Please let me know if you are available that evening. Thanks for your service. Kevin Dorn Interim City Manager 802-846-4107(Office) Notice- Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error,please notify us immediately by return email. Thank you for your cooperation. From: Paul Stabler [mailto:pcstabler@gmail.com] Sent: Monday, April 22, 2013 8:56 AM To: Kevin Dorn Subject: South Burlington's Representative to the Chittenden Solid Waste District Hello Kevin, Please allow me to introduce myself. I am a So. Burlington resident and I currently serve as the city's representative to the Chittenden Solid Waste District's (CSWD) Board of Commissioners. I also currently serve as the Chair of the CSWD Board. I would be very pleased to continue to serve as South Burlington's representative and would be honored if the City Council chose to re-appoint me. My current term expires at the end of May. I would be happy to attend a City Council meeting anytime before the end of May to discuss this position and answer any questions that the Council might have for me. Please let me know if you or the Council would like me to attend a meeting. Best regards, - Paul Stabler i JLadd From: Ilona Blanchard Sent: Friday, April 19, 2013 10:44 AM To: Kevin Dorn Cc: Trevor Whipple; Donald Cummings (d.r.cummings@att.net); Bob Rusten;JLadd; Paul Conner;Justin Rabidoux Subject: Police Station Solar Array Proposal - Group Net Metering LOI Attachments: Letter of Intent_net metering credit agreement_Encore_SB PD_2013_0419.pdf; South Burlington_Encore_Net Metered Solar Array Cvr Ltr_Summary_FAQ_2013_0419.pdf • Categories: Interview Good morning— Attached is the letter of intent for a group net metering agreement to build and operate a solar array on the roof of the police station. Intention is for this to go on the City Council agenda Monday, May 6 with a project cover memo. Next steps to the LOI would include an agreement negotiation and signature,following which allow 6 weeks for delivery of product to the site, and then several weeks for construction and commission. Trevor—does the condominium board review the LOI and the agreement prior to Council or just the agreement? Ilona face book ILONA BLANCHARD, AICP Project Director t 802-846-4123 f 801-846-4101 Sala 1 1 ; ' iblanchard@sburl.com www.sburl.com 575 Dorset Street I South Burlington, Vermont 05403 Notice- Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email.Thank you for your cooperation. 1 JLadd From: Kimberly Murray Sent: Monday, April 29, 2013 1:59 PM To: Kevin Dorn Cc: Bob Rusten;JLadd; Paul Conner Subject: IZ Council Agenda item for 5/6 Attachments: Interim Zoning Schedule & NotesMarch2013Fwd.pdf Hello, Please find an updated 2013 IZ status sheet. Please add the following to the Council's regular agenda for 5/6: 1. Interim Zoning-Deliberative Session: (City Council-Deliberative session on applications closed or presently before the City Council. Deliberative sessions are not open to public comment). [Note: Deliberations will be in open session unless due to a legal issue it is voted by Council to deliberate in closed session] a. Interim Zoning Application #IZ-13-02, Malone Dorset Street Properties, LLC (Trader Joe's)to amend a previously approved planned unit development consisting of a 33,733 sq. ft. gfa building with 31,351 sq. ft. (including mezzanine) of retail food establishment use and 2,382 sq. ft. of short-order restaurant use. The amendment consists of: 1) razing three (3) single family dwellings, 2) constructing a 12,800 sq. ft. building for retail food use, and 3) constructing a 2- story 14,000 sq. ft. building consisting of 7,000 sq. ft. of retail and/or short-order restaurant use and 7,000 sq. ft .of general office use, 192, 196, 200, and 222 Dorset Street. Draft decision and memo to follow likely on Thurs. 5/2. Heads up: Upcoming Council meeting warned Public Hearing for 5/20: IZ-13-03 Larkin Hotel amendment, 5 Dorset St. Thanks, K i,049-eYLy KIMBERLY L. MURRAY, AICP Development Coordinator `, t 802-846-4131 f 801-846-4101 kmurrav@)sburl.com www.sburl.corn 575 Dorset Street I South Burlington, Vermont 05403 1 TO: South Burlington City Councilors Mackenzie, Chair; Greco; Nowak; Riehle; and Shaw FROM: Lisa Ventriss and Bob Rusten, Deputy City Manager DATE: May 1, 2013 RE: Search Process, SB City Manager Thank you for the opportunity to provide you with additional information to inform your decision- making regarding the search process for South Burlington's next city manager. Prior to the development of this work product we met to discuss our charge and agreed on two key goals that would guide our efforts.They are: Primary Goal: To hire a South Burlington City Manager with the technical skills and the ability to function effectively within the City's culture, so that he/she can successfully assist the City to identify where it wants to be, and then facilitate all administrative processes to reach its goals. Secondary Goal:To garner community support from a sufficiently varied group of constituencies regarding whom to hire as City Manager, so as to build a broad base of support for the City Manager in achieving the primary goal. Attached please find a matrix detailing four basic models of a search process: • Head hunter-led; • Vermont League of Cities and Towns—led; • Council-led; and, • Citizen-led committee Within any one of these models Council can determine at what point(s) it can involve itself and/or other groupings. However, regardless of the eventual process that the City Council selects,we want to make clear that there are four components of the search effort that the Council, alone, will ultimately be responsible for approving: • Selection Criteria; • Composition of Search Committee (constituencies and actual appointees); • Budget; and, • Selection of the City Manager. We look forward to discussing with you, the goals that guided us throughout the process, as well as the various pros and cons of these models at the May 6th meeting. We would encourage the Council to use whatever ends up being the final goal(s) as the guide in determining which selection process model Council chooses to use. Attachment JLadd From: Ilona Blanchard Sent: Tuesday, April 30, 2013 4:04 PM To: J Ladd Cc: Kevin Dorn Subject: May 6 Agenda Categories: Interview Good afternoon— I have one item for the May 6 agenda—the LOI for the Police Station Solar Array. fao ILONA BLANCHARD, AICP '0,. Project Director 4 t 802-846-4123 f 801-846-4101 SOUth ;. ilanchard@sburl.com www.sburl.com 575 Dorset Street I South Burlington, Vermont 05403 Notice- Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. 1 JLadd From: Paul Conner Sent: Wednesday, May 01, 2013 9:50 AM To: Kevin Dorn; Bob Rusten Cc: JLadd Subject: Executive session item: Maillie Appeal Attachments: Council confidential memo Maille appeal 5-6-2013.doc; Council confidential memo Maille appeal 5-6-2013.pdf Categories: Interview Attached is a staff memo regarding the Maille Appeal for Executive Session. Also, below is the proposed language for the public session. As with Timberlake, this could be on the consent agenda. "I move that the City Council direct Stitzel, Page & Fletcher, P.C. to represent the City of South Burlington in George A. Maille Jr.'s appeal before the Vermont Supreme Court." Paul Conner, AICP, MCIP Director of Planning &Zoning City of South Burlington South Burlington,VT 05403 pconner@sburl.com www.sburl.com www.sbpathtosustainability.com (802) 846-4106 24 4 0 Notice- Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error,please notify us immediately by return email. Thank you for your cooperation. CITY COUNCIL 15 APRIL 2013 The South Burlington City Council held a regular meeting on Monday, 15 April 2013, at 7:00 p.m.,in the Conference Room, City Hall, 575 Dorset St. Members Present: P. Mackenzie, Chair; R. Greco,H. Riehle,P.Nowak, C. Shaw Also Present: K. Dorn, Interim City Manager; R. Rusten,Deputy City Manager;D. Kinville, City Clerk; Chief T. Whipple,Police Department; J.Rabidoux,Head of Public Works Department; M. Lyons,Assessor's Office; P. Conner, Director of Planning& Zoning; J. Louisos, T. Harrington, S. Quest,Planning Commission; I Blanchard,K. Murray,Planners; T. Barritt,DRB; S. Dooley, S. Dopp,B. Cimonetti, M. Simoneau, L. Michael,D. White, P. Simon,P.Malone,B. Goldberg, L. Flower, C. Abelfeld,M. Mittag, B. Bull,T. Miller, P. Hart, J. Timecki,D. Goldsmith,J. Hand, J.Larkin,D. Cummings, L. Williams, G. Sprol, T. Moore, J.Kochman, R.Neuer, E. Robenstein 1. Executive Session: Mr. Shaw moved the Board meet in executive session to discuss personnel, contract negotiations, and litigation. Ms Greco seconded. Motion passed unanimously. Regular Session: A moment of silence was observed for the victims of the Boston Marathon tragedy. 1.Acknowledgement of former Councilor Sandra Dooley: Ms. Dooley was acknowledged with a plaque and plaudits from Council members. 2. Agenda Review: No changes were made to the Agenda. 3. Comments and Questions from the Audience not related to Agenda items: Ms. Robenstein expressed concern with the placing of solar panels in Dorset Park. 4. Announcements and City Manager's Report: A. Introduction of New Interim City Manager: Interim City Manager Kevin Dorn was introduced. CITY COUNCIL 15 APRIL 2013 PAGE 2 B. Bore Samples for Market Street: Mr.Dom explained the process for test borings in support of the storm water application for Market Street. Council members reviewed meetings and the Rotary Club event(honoring the Police Department)they had attended. Chief Whipple spoke regarding Community in Addiction Teams. Ms.Mackenzie advised that the City received notice of a public hearing regarding the Claire Solar Project, 24 April, 7 p.m., in the High School Cafeteria. 5. Consent Agenda: A. Sign Disbursement B. Approve Minutes of 1 April and 9 April 2013 C. Approve Grant Request Form Bullet Proof Vests D. Approve Grant Request Form Library Technology E.Approve Special Event Permit: 1. Lund Ride for Children, 11 May 2013 2. Magic Hat Outdoor Concert, 18 May 2013 3.Vermont Friends of Safe Passage, 12 May 2013 4.Palace 9 Theatre,28 April 2013 Ms.Nowak moved to approve the Consent Agenda as presented. Ms. Riehle seconded. Motion passed unanimously. 6.Public Hearing: Interim Zoning Application,#IZ-12-02,Malone Dorset Street Properties,LLC, (Trader Joe's)to amend a previously approved planned unit development consisting of a 33,733 sq.ft. gfa building with 31,351 sq.ft. (including mezzanine) of retail food establishment use and 2,382 sq.ft of short order restaurant use. The amendment consists of: 1) razing three single family dwellings, 2) constructing a 12,800 sq. ft. building for retail food use, and 3) constructing a 2- story, 14,000 sq. ft. building consisting of 7,000 sq. ft. of retail and/or short-order restaurant use and 7,000 sq. ft. of general office use, 192, 196,200 and 222 Dorset Street: Mr. Shaw moved to open the pubic hearing. Ms.Nowak seconded. Motion passed unanimously. CITY COUNCIL 15 APRIL 2013 PAGE 3 Mr. White and Mr. Simon presented the plan to amend the Healthy Living development by adding a Trader Joe's and a second building (with no identified tenant). Members of the audience spoke in support of the project. The Council felt it needed advice with regard to a decision as to whether to require this developer to build the road connection to the adjacent property. Following discussion,Ms.Nowak moved to close the public hearing. Mr. Shaw seconded. The motion passed 3-2 with Ms. Greco and Ms. Riehle voting against. 7.Public Hearing of Land Development Regulations. Hearing on Council- amended amendments to LDRs: Ms. Greco moved to open the pubic hearing. Ms. Riehle seconded. Motion passed unanimously. Members reviewed amendments to the LDRs regarding cannabis dispensing, road frontage, and PUD requirements. Following discussion, Ms. Riehle moved to close the pubic hearing. Mr. Shaw seconded. Motion passed unanimously. Ms. Riehle then moved to adopt the land development regulations as presented. Ms. Greco seconded. Motion passed 3-2 with Ms.Nowak and Ms.Mackenzie voting against. 9. Possibly Award Contract to Ti-SALES to install Water Meters: Mr. Rabidoux reviewed the history. He noted that staff recommends awarding the contract in the amount of$353,613.69 to Ti-SALES. Ms. Riehle moved to award the contract to Ti-SALES as presented. Ms.Nowak seconded. Motion passed unanimously. 10.Hear from Developer of Claire Solar Farm,City committee representatives and citizens regarding Council's intervenor status position regarding the Solar Farm. Council to determine what position it will take, or what additional information it needs: Ms. Mackenzie reviewed the history. Mr. Hand then presented an overview of the project and the timeline and application process. CITY COUNCIL 15 APRIL 2013 PAGE 4 The Council then heard from members of the Planning Commission, Open Space/Natural Resources Committee,Energy Committee,Recreation and Leisure Arts Committee, South Burlington Land Trust,Development Review Board, and individual citizens. Following discussion,the Council directed the Interim City Manager and Director of Planning& Zoning to draft a letter expressing its concerns,including: A.the need for more local input B. LDR issues C. the city's previous contributions to solar power when there was a process to allow the city to say"where" D. the city has contributed enough to solar energy E. if the Public Service Board moves forward,that they honor the conditions negotiated between the developer and the Planning Commission. 11. Discuss the role the Council wants the Form Based Codes Committee and its consultants to play regarding other city projects such as Market Street. Discuss how Council wants the Form Based Codes Committee to interact and communicate with other city committees and city staff. Council to determine responsibility and authority of staff,Form Based Codes Committee and its consultants,and other city committees on projects not initiated or primarily directed by the Form Based Codes Committee. Council to also Identify Budgetary Implications of its Discussions: Mr.Rusten outlined the issues of activity going on without an organizational structure and cited the need for the Council to decide what they want everyone to be doing. Ms. Mackenzie asked the Form Based Codes Committee and the Market Street project people to work together on issues while the Council works on a protocol. She also asked Mr. Rusten to identify points with specific examples of where Council leadership is needed. 12. Discuss Letter from House Government Operations Committee that states they will not pass out of committee the City's 2 Charter change bills. Discuss how Council wants to address the impact of these 2 Charter changes not being made this year: Mr. Rusten reviewed short term and long term issues and how these are being addressed. 12.Liquor Control Board: Ms. Greco moved the Council meet as Liquor Control Board. Ms.Nowak seconded. CITY COUNCIL 15 APRIL 2013 PAGE 5 Motion passed unanimously. Liquor License renewals were presented from the following establishments: Hannaford Food &Drug Simon's Store&Deli Independent Brewer(Magic Hat) Gracey's Store Shelburne Road Variety Wooden Spoon Bistro Hannaford Food&Drug Pauline's Café Jiffy Mart Klinger's Bread Doubletree Hotel Pulcinella's Kinney Drugs Interstate Shell Healthy Living Moose Lodge#1618 Jolley Store#107 Champlain Farms Applebees Guild& Company Steakhouse Higher Ground Moe's Maple field's @ the Airport Pizza Putt Gonzo's Indoor Golf Ms. Greco indicated she would recuse herself with regard to Klinger's Bread due to a potential conflict of interest. Ms.Nowak then moved to approve all the Liquor License renewals with the exception of Klinger's Bread. Mr. Shaw seconded. Motion passed unanimously. Ms.Nowak then moved to approve the Liquor License renewal for Klinger's Bread. Mr. Shaw seconded. Motion passed 4-0. Ms.Nowak moved to return to City Council. Mr. Shaw seconded. Motion passed unanimously 14. Other Business: A. Items held from the Consent Agenda No items were withheld. b. Bike Rack-items Council may wish to place on a future agenda 1. Traffic Lights & sequencing 2. City Street Lights (adequacy/number) at various locations 3.Dorset Park Solar Array 4.Advertising logos or names on City property 5.Taser Policy CITY COUNCIL 15 APRIL 2013 PAGE 6 6.East Terrace Ordinance 7 Policy regarding landscaping City-owned land and Request from Hadley Road 8. Council-approved Minutes Resolution No action was taken on Bike Rack items. C. Other: No other issues were raised. As there was no further business to come before the Council,the meeting was adjourned at 12:20 a.m. (16 April 2013). Clerk PRE TOWN MEETING 4 MARCH 2013 The City of South Burlington held a pre-Town Meeting on Monday,4 March 2013, at 7:00 p.m., in the Cafeteria of the Frederick H.Tuttle Middle School,Dorset St. City Council Members Present: R. Greco, Chair; S. Dooley,P. Engels,P. Mackenzie, H. Riehle School Board Members Present: M. Lalonde, Chair; R. Cassidy,E. Fitzgerald,D. Bugbee, J. Beatty Also Present: R. Rusten, Interim City Manager; D. Young, Superintendent of Schools; D. Kinville, City Clerk; P. Conner,Director of Planning&Zoning; J. Rabidoux,Director Department of Public Works; Chief T. Whipple,Police Department; Chief D. Brent,Fire Department; J. Ladd, City Manager's Office; W. Goodrich, J. Stewart, School District; members of PACT,P.Nowak, C. Shaw,M. Emery,P. Taylor, G. Maille,B. Cimonetti, S. Dopp,B. Goldberg, other members of the public and press. 1. Reading of Ballot Articles: Mr. Engels moved to waive the reading of the Ballot articles. Ms. Riehle seconded. Motion passed unanimously. 2. Presentation of FY2014 School District Budget: Superintendent of Schools David Young presented the proposed FY2013 School District budget and responded to questions from the public. 3. Presentation of FY2014 City Budget: Interim City Manager Bob Rusten presented the proposed FY2014 City budget and responded to questions from the public. As there was no further business to come before the City Council and School Board,the meeting was adjourned at 8:00 p.m. Clerk Resolution to Create a Community Gardens Reserve Fund Whereas, the City Charter, section 13-310(7) states, "The city council and the school board, by their own actions, may establish reserve funds to pay for public improvements, replacement of equipment, and planned or unplanned operating expenditures. Monies to be deposited in any fund shall be included in a city or school district budget and shall not be excluded in calculating the net cost of operation pursuant to subsection 1309(a) of this chapter. Reserve funds shall be kept in separate accounts and invested in the same manner as other public funds.The city council and the school board may, from time to time, expend monies in those funds for purposes for which they were established without voter approval."; and, Whereas, the City of South Burlington has pledged support for the South Burlington Community Gardens; and, Whereas, the South Burlington Community Gardens is now a function of the City, and various City Departments are involved in working with the Community Gardens Advisory Board; and, Whereas, on a yearly basis the City intends to charge a fee for each garden plot and if that fee amount is to be increased by more than 10% in any given year the increase must be approved by the Council; and, Whereas, it is the desire of the South Burlington Community Gardens to have all collected funds to the City to be placed in the City Reserve Fund, to fund its operations; and, Whereas, the $2,070 currently held in a revenue account, which will continue to have minor fluctuation based on deposits and withdrawals, will be deposited into the reserve fund no later than June 1, 2013, to continue to fund Community Garden expenses; and, Whereas,the City shall be reimbursed out of the Reserve Fund for any"hard cost" expenses(equipment and materials) to support the gardens such as the cost to rent a tiller, buy a wheelbarrow, and for materials that the City will need to purchase to support the gardens; and, Whereas,the City will be reimbursed for all of its administrative costs to support the community gardens by yearly receiving from the Reserve Fund 20%of the gross revenues received from the garden plots fees; and Whereas, the Recreation Department will be charged as the custodian of the money and ensure its appropriate use and disbursement and present a report to the Community Gardens Advisory Board; and, Whereas, other than the costs identified in the Resolution, all expenditures must be for the support and improvement of the community gardens and will be made in consultation with the Community Gardens Advisory Board; and, Whereas, if the Recreation Department and the Community Gardens Advisory Board cannot reach agreement on an expenditure and that expenditure is more than $2,000 then the Council will be requested to approve or not approve the cost; and, Whereas, it is the intention of the City to continue to support the South Burlington Community Gardens; and, Now,Therefore, Be it Resolved, that the City Council hereby creates a Reserve Fund whose purpose is to secure and disburse these funds as deemed appropriate by the Recreation Department, with due diligence and oversight by the City: and, Furthermore, Be It Resolved, that all money placed in this Reserve Fund shall only be disbursed for the uses identified in this Resolution. Dated the 6th day of May, 2013 SOUTH BURLINGTON CITY COUNCIL Pam Mackenzie, Chair Chris Shaw, Clerk Pat Nowak, Vice Chair Helen Riehle Rosanne Greco A RESOLUTION OF THE CITY OF SOUTH BURLINGTON ESTABLISHING A POLICY FOR THE ISSUANCE OF PAYMENTS AND PROVIDING AN ORDERLY METHOD FOR MAKING PAYMENTS IN SPECIAL CIRCUMSTANCES WHEREAS,it is in the best interest of the City of South Burlington for the City Council to establish a policy for the issuance of checks on a regular and special basis; and, WHEREAS,the City Manager recommends the following provisions of such a policy be approved by City Council; • Invoices must be submitted to Accounts Payable within one week of receipt,regardless of due date; • In order to be approved for inclusion in an upcoming warrant, invoices should be submitted at a time established by the City Manager or Assistant City Manager(usually by the end of business Tuesday prior to a scheduled City Council meeting); • Payments are expected to be authorized by City Council at regular meetings and,when appropriate, at special meetings; and, • Payments are expected to be made on the day following approval at a City Council meeting; • Staff will make every effort to schedule City Council approvals"just in time"unless there is a discount given for early payment; and, WHEREAS,the City Manager further recommends the following additional policy provisions to address occasional unusual,unforeseen or emergency circumstances: • As specified in Title 24 Section 1623,the City Council of South Burlington hereby authorizes The City Council Vice Chair or City Council Clerk to "examine and allow claims against the City of South Burlington for city expenses and draw orders for such claims to the party entitled to payment" in between regular and special City Council meetings. • When it is believe by a city staff person that a payment need to be made outside of the normal process and time frames they must contact the City Manager or Assistant(Deputy) City Manager, either of whom will assess whether or not a special payment is needed; and, • In accordance with 24 V.S.A. 1623(1)the above-identified City Councilors shall be authorized to allow such special payments and approve orders for special payments. The orders for such special payments shall state definitely the purpose for which they are drawn and serve as full authority to the City Treasurer or Assistant City Treasurer to make the payments; and, • If the City Manager or Assistant(Deputy) City Manager determine a special payment is needed, they will themselves, or delegate to an appropriate staff person the responsibility to, contact the above-identified City Councilors with pertinent facts about the payment and seek Councilors' authorization to proceed with payment; and, • Councilors' may be contacted by phone, in-person or via e-mail to expedite the approval process; and, • The individual seeking Council authorization shall document with e-mail responses or certify in writing that City Council Vice Chair or City Council Clerk has approved payment. Such documentation and certification shall be provided to all Councilors, City Manager, Assistant (Deputy) City Manager, City Treasurer, Assistant City Treasurer,the Finance Office (Accounts Payable) and other officials as appropriate in e-mail or other format as appropriate; and, • Upon documentation and certification as defined above, the City Treasurer or Assistant City Treasurer shall execute the proper documentation to issue payment; and, • The City Council shall be provided with a record of all special payments approved under this policy. BE IT RESOLVED, that this Resolution supersedes Resolution 2012-02 approved on January 3, 2012. BE IT FURTHER RESOLVED, City Council hereby authorizes the City Manager to enact this policy and make minor, non-substantive modifications as may be appropriate to improve the efficiency and effectiveness of City processes and procedures, and the terms of this Resolution shall be effective upon passage by City Council. Dated this 6th day of May, 2013. Pam Mackenzie, Chair Pat Nowak, Vice Chair Chris Shaw, Clerk Rosanne Greco Helen Riehle A RESOLUTION OF THE CITY OF SOUTH BURLINGTON ESTABLISHING A POLICY FOR THE ISSUANCE OF PAYMENTS AND PROVIDING AN ORDERLY METHOD FOR MAKING PAYMENTS IN SPECIAL CIRCUMSTANCES WHEREAS,it is in the best interest of the City of South Burlington for the City Council to establish a policy for the issuance of checks on a regular and special basis; and, WHEREAS,the City Manager recommends the following provisions of such a policy be approved by City Council; • Invoices must be submitted to Accounts Payable within one week of receipt, regardless of due date; • In order to be approved for inclusion in an upcoming warrant, invoices should be submitted at a time established by the City Manager or Assistant City Manager(usually by the end of business Tuesday prior to a scheduled City Council meeting); • Payments are expected to be authorized by City Council at regular meetings and, when appropriate, at special meetings; and, • Payments are expected to be made on the day following approval at a City Council meeting; • Staff will make every effort to schedule City Council approvals "just in time"unless there is a discount given for early payment; and, WHEREAS,the City Manager further recommends the following additional policy provisions to address occasional unusual, unforeseen or emergency circumstances: • As specified in Title 24 Section 1623,the City Council of South Burlington hereby authorizes Council members Paul Engels or Rosanne Greco to "examine and allow claims against the City of South Burlington for city expenses and draw orders for such claims to the party entitled to payment" in between regular and special City Council meetings. • When it is believe by a city staff person that a payment need to be made outside of the normal process and timeframes they must contact the City Manager or Assistant City Manager, either or whom will assess whether or not a special payment is needed; and, • In accordance with 24 V.S.A. 1623(1)the above-identified City Councilors shall be authorized to allow such special payments and approve orders for special payments. The orders for such special payments shall state definitely the purpose for which they are drawn and serve as full authority to the City Treasurer or Assistant City Treasurer to make the payments; and, • If the City Manager or Assistant City Manager determine a special payment is needed,they will themselves, or delegate to an appropriate staff person the responsibility to, contact the above-identified City Councilors with pertinent facts about the payment and seek Councilors' authorization to proceed with payment; and, • Councilors' may be contacted by phone, in-person or via e-mail to expedite the approval process; and, • The individual seeking Council authorization shall document with e-mail responses or certify in writing that Councilors Paul Engels or Rosanne Greco has approved payment. Such documentation and certification shall be provided to all Councilors, City Manager, Assistant City Manager, City Treasurer, Assistant City Treasurer, the Finance Office (Accounts Payable) and other officials as appropriate in e-mail or other format as appropriate; and, • Upon documentation and certification as defined above,the City Treasurer or Assistant City Treasurer shall execute the proper documentation to issue payment; and, • The City Council shall be provided with a record of all special payments approved under this policy. BE IT RESOLVED,that this Resolution supersedes Resolution 2011-03 approved on February 7, 2011. BE IT FURTHER RESOLVED, City Council hereby authorizes the City Manager to enact this policy and make minor, non-substantive modifications as may be appropriate to improve the efficiency and effectiveness of City processes and procedures, and the terms of this Resolution shall be effective upon passage by City Council. Dated this 3rd day of January, 2012, Sandra Dooley, Chair Meaghan Emery, Vice Chair Rosanne Greco, Clerk James Knapp Paul Engels Resolution to Create a Reserve Fund for the City of South Burlington Capital Improvement Program(CIP) and for Unanticipated Capital Expenditures Whereas,the City Charter, section 13-310 (7) states, "The city council and the school board,by their own actions, may establish reserve funds to pay for public improvements,replacement of equipment, and planned or unplanned operating expenditures. Monies to be deposited in any fund shall be included in a city or school district budget and shall not be excluded in calculating the net cost of operation pursuant to subsection 1309(a)of this chapter. Reserve funds shall be kept in separate accounts and invested in the same manner as other public funds. The city council and the school board may,from time to time, expend monies in those funds for purposes for which they were established without voter approval."; and, Whereas,the purpose of a Capital Program and Budget Program is to(a)to provide a multi-year financial plan for maintenance,replacement,and construction or acquisition of capital assets;(b)to serve as a fiscal tool to prepare for large expenditures and create tax rate consistency from year to year;(c)to plan for and develop facilities that best meet the needs of the citizens and staff consistent with the City's fiscal capacity and the Comprehensive Plan; and(d)to meet statutory requirements related to Impact Fees,Capital Improvement Programming,and Budgeting; and, Whereas,for purposes of the CIP, a Capital Expenditure is defined as any expenditure for land, land improvements, infrastructure,buildings, building improvements,vehicles, or equipment costing more than$10,000. Costs related to project pre-development such as studies, surveys, concept plans,designs,preliminary engineering,and engineering are to be included as capital expenditures. Expenditures related to all steps in the construction of Market Street and of City Center are considered capital expenditures under this Resolution, as are repairs to capital infrastructure that were unanticipated and are necessary,and for which money had not been budgeted in the fiscal year that the repair is required. Yearly and more frequent maintenance costs of capital infrastructure are operational and not capital expenditures; and, Whereas,for the CIP to function a Reserve Fund is needed into which money is allocated and from which money is expended; and, Whereas,there may become a need for an emergency repair to capital infrastructure with emergency being defined as, "a situation or condition that occurred without warning,that is detrimental to or a threat to life,health or safety,and/or waiting more than 3 days to repair would create an additional cost"; and, Whereas, in addition to any General Fund revenue approved by the voters to be allocated to the Reserve Fund Section 13- 1307 of the City Charter authorizes the City Council during the last three months of a fiscal year to transfer any unencumbered appropriations from one department to another. Now,Therefore,Be it Resolved,that the City Council hereby creates a Reserve Fund and into which all voter-approved Capital Improvement General Fund revenue and City Council-approved General Fund transfers will be allocated; and, Furthermore, Be It Further Resolved,that all money placed in this Reserve Fund shall only be disbursed for the expenditures identified in this Resolution. With the exception of emergency repairs as identified in this Resolution, expenditures from the balance of this Reserve Fund may only be made with the approval of a basic majority of the South Burlington City Council at an officially Warned City Council meeting and recorded in minutes. In the case of an emergency repair to capital infrastructure,the City Manager shall have the authority with notification to the City Council to expend up to $25,000 from this fund without prior City Council approval. Dated this 6th day of May, 2013. Pam Mackenzie, Chair Pat Nowak, Vice Chair Chris Shaw, Clerk Rosanne Greco Helen Riehle Interim Zoning Applications Status as of 4/29/2013 FOR INTERNAL USE ONLY Interim Zoning Application Status Total number of applications: 17 Approved: 12 Denied: 3 In-process: 2 (IZ-13-02-Trader Joe's, 192, 196,200, and 222 Dorset St.) (IZ-13-03-Larkin Hotel, 5 Dorset Street) The following are applications heard since March 2013. Interim Zoning#IZ-12-06 John Larkin, 40 unit PUD(phase I of 71 unit project), 201 Allen Road. June 11, 2012: Initial Public Hearing Hearing notes:Applicant requested continuance. Council continued immediately to August 20th. No deliberations approved. August 20, 2012:Continued hearing(6 pm) Hearing Notes: Applicant gave testimony. Council did not request additional information. September 4,2012 Deliberations(8 pm) Deliberation Notes: Deleted September 18, 2012: Continued Public Hearing Hearing Notes: Applicant did not show. Hearing continued to Oct.22nd. October 1,2012: Deliberations(5 pm) Notes: Council reviewed draft decision, questioned Comp Plan reference, directed staff to discuss with City Attorney. October 22, 2012: Continued Public Hearing Hearing Notes: Applicant given more time to submit additional material. November 19, 2012: Continued Public Hearing Hearing Notes: Additional testimony given on adding SF units and units under$239,000. Hearing continued with deliberations to 12/17. December 3,2012: Deliberations(5pm) Notes: Deleted December 17, 2012: Continued Public Hearing Hearing Notes:Applicant agreed to continue hearing to January 7,2013 per Council request. Hearing continued with deliberations to 1/7/13. January 7,2013: Continued Public Hearing Hearing Notes: Council received soil maps, need more time to review. Hearing continued to 2/4/13 with deliberations. February 4, 2013: Continued Public Hearing Hearing Notes: Testimony received. Hearing closed. Council has 45 days to issue decision(March 21,2013) Open Deliberation Notes: Council directed staff to draft decision in the affirmative and go through notes to draft condition regarding the price and number of the affordable units. Council noted no application to FBC. February 26, 2013: Open Deliberations Deliberation Notes: Motion carried to reopen hearing based on applicibility to FBC and sustainable agriculture. P. Engels asked for Paul Dreher to testify and R.Greco asked for SusAg Task Force draft action plan and soil maps within report to be reviewed by Council. Next hearing date pending after Town Meeting. Page 1 of 2 Interim Zoning Applications Status as of 4/29/2013 FOR INTERNAL USE ONLY March 18,2013: Council Meeting Notes: Council voted to rescind the motion to reopen the hearing, Pat made motion,Chris second.3-2 to rescind with Helen and Rosanne nays. Deliberation Notes: Council issued written decision 4-1 (Rosanne)with conditions on housing and open space. March 18,2013-City Council issued written decision. IZ-12-06 approved. Interim Zoning#IZ-13-01 Perkins Smith Design Build for conditional use review to construct a 768 sq.ft. 2-story addition to a single family dwelling, 15 Mayfair Street. March 18,2013: Initial Public Hearing Hearing Notes: Testimony received. Council closed hearing. Council has 45 days to issue decision(May 2, 2013) Deliberation Notes: Council directed staff to draft an approval. March 26,2013: Deliberations March 26,2013-City Council issued written decision. IZ-13-01 application approved. Interim Zoning#IZ-13-02 Malone Dorset Street Properties, LLC to amend a previously approved planned unit development consisting of a 33,733 sq. ft. gfa building with 31,351 sq. ft. (including mezzanine)of retail food establishment use and 2,382 sq. ft.of short-order restaurant use.The amendment consists of: 1) razing three(3)single family dwellings, 2)constructing a 12,800 sq. ft. building for retail food use,and 3) constructing a 2-story 14,000 sq. ft. building consisting of 7,000 sq.ft. of retail and/or short-order restaurant use and 7,000 sq.ft.of general office use, 192,196,200, and 222 Dorset Street. April 15, 2013: Initial Public Hearing Hearing Notes: Testimony taken. Council closed the hearing. Council has 45 days to issue a decision(May 30, 2013). Deliberation Notes: Council directed staff to draft approval to neither include or exclude the road connection and leave it up to the DRB. May 6, 2013: Deliberations Interim Zoning#IZ-13-03 Larkin Family to amend a previously approved planned unit development consisting of: 1)a 275 seat standard restaurant, 2)a 71 room hotel (Comfort Suites),and 3)an 89 room hotel(University Inn).The amendment consists of revising the previously approved plan under#IZ-12-11 to raze the 89 room hotel and replacing it with a new 89 room extended stay hotel.The specific revisions consist of the following: 1)adding a sports court, 2)adding a chiller pad&HVAC unit,3) adding&revising the building mounted lights,4) adjusting the plant numbers&locations on the landscaping plan,and 5) revising the class III wetland limit per the 2013 delineation, 5 Dorset Street. May 20, 2013: Initial Public Hearing Hearing Notes: Page 2 of 2