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Agenda - City Council - 04/01/2013
v GENpA Y CpUNC11.. R`N/O Room e� Conference SOON city Nail 5DorsetStreVERMpN'( i1 2013 tronwhere 5?5 GT ON, A r d Ut►ga BURLIN Monde otat a SUSS antra\ SpuTH contract nek U�P.M. sOnne\, un\c►paUty tNe 6: er m u Session to dr1d \eapy p\a°e the to the EXec applicant. Sess;on EXecutrve wled9e w° are►evitm9 `ame lust sayurl.corn l Executive \der entering\pub\\c knO n Who you applicants&cis a11s d it. And Who C s ra Say `n.open sess`se don't use Sburl•c°�' Seconde p°mature gene Plea h° „ dvanke Sure to ce.via erna�l �.l a Session and y „applicaets d\sa a Counc�lorsl° ust s Please on (other e to the CM ot\on to o going to Esessioe (again, l ss next stepcs) Please made the m°into the EXecut�ve ce checks Discuss who Were invited manager referee any) city ma interim need more\nfo? et it2 results of nor w\11 you get sus? ,Z Discusses to look atmake a dec�eeded and hod 4,or consensus? • • Issues ready to make what rs rnajor\ty,at1 and who wi\\c°gh\re? • 1s re need ded\sl dec\sion of\etter of Oren and of\ette�e th\s? \How dy fo p\ete a c tero nd check as how City wr`epa heads? \f r n a compete background rf asked step with departrn • C\r1 SSA Public W°rks •• How to un answer 1O ap\an in d and Comm City Hall Idea Agreement re. �\brary Space Id wining Pgree 3. r Draft Collecfive Bargaining 4. Respectlay Subm►tte/d• Vc (-A usten,\stem City Manager Bob R Guidelines al as possible', Participation and inform erasion Council Meeting be as open nest your coop ents IncludedCity We want t We kindly request*** Attachments South Burlington City matters• meetings,decide on and efficient m only time we have aneffort t cocuss nduct orderly s are the meetings. In Council meeting are not town m. the publ10� name and address. City meetings following guidelines. staff,and but Council m with the embers, lease state your and compliance other(Council m recognized p respectful of each the Chair. Once is sufficient time respe6- presenters. is heard and there 1 please be to be recognized by public,staff,or hand hers of the P used to insure everyone please raise your of other mem its Will be second time. 2 Chair and n Time limits Council a its that have been set. speakers address the Please address the the agenda. before speak 3. time limits to speak once abide by any all the business on been heard. 4 please conduct allow everyone input has for the Council to ble effort t0 a once the public make a reasons to the Councilors ill mothers views. The Chair w be limited disagree with 5. that discussion agree or disa9 The Chair may ask whether you g there are other conversations when others are speaking. when 6. t to briefly say arks of interrupt w others,except esker rem please don points tirade by hear speaker� eat the It is difficult to Please do not rep conversations.8 hallway for side con 9 Please use the outside occurring. , l ...3Y...P.Sv,,,,n;-r V . pg-'.CITY COUNCIL BURLINGTON OOt'n SOUTH Hall Conference R City 575 Dorset Street SOUTH BURLINGTON,VERMONT p ri11 2013 Monda litigation. 6;00 P•M' contract negotiations and session to discuss personnel, Session p ril1 2013 Executive ntering executive Monda Consider 7:00P.M. agenda items. Session or changes in order of a9 Re ular deletions agenda. Additions, of related to the Agenda Review the Public n Facility Liaison 1 from and questions Chittenden Corrections 2 Comments Manager's Report. Manag Bill tmeyer from the Announcements and Citoy William Teg 3. ***Resignation A. Committee. Agenda.. Memorandum 4 Consent Ag ent &18 2013. Education Program March County Stormwater E as ** Sign Disbursement M 16, Tonal g 2018 property know A. *** Approve Me Chittenden Cou of Regional h 10,2013-March City-owned B. *** Approve period of corn plan for ea haying and growing of Understanding City and the City D. *** Approve for this y ent between the y Manager, Underwood. ainin9 Agreement Rusten, Interim City Collective Barg s Office Char rove the Employee Association (Bob( Clerk possibly approve Works Emp roved Committee. Disci Discuss and P Hall/Public of the voters approved City 5. City components ent Operations nd changes to South Burlington on the three House Government Council's position before the keys to the City Clerk's Off *** Discuss reparation of testimony regarding City Clerk) 6. es in p Resolution g �nville, crossing at H changes rove the (Donna K ownership of railroad and possibly approve Regulations ff on how to proceed with own Rules Personnel direct sta (Ilona Blanche ossibly for Market Street and p title concerns 7 *** Discuss to resolve Section Road in order Target Cross royal of a Resolution to *** Consider apP Manager search. B. ect Director). for City Prot Committee strategy 9. *** Review Blue Ribbon C Please raise your hand to be recognized by the Chair. Once recognized please state your namedim, 2 presenters. address. embers of the public, staff, or p one is heard Please address the Chair and not other m agenda. 3. Time limitsinelss on the insure eve q Please abide by any time limits that have been se � Bakers address the us and there is sufficient time for the Council to conduct all theto speak once before speakers 5 The Chair will make a reasonable effort to allow everyone public input has been heard. Council a second time. discussion be limited to the Councilors once the The Chair may ask that disagree with 6. others are speaking you agree or disag interrupt when whether 7 Please do not repeothers, except to briefly say 8. Please do not repeat the points made by others views. g Please use the outside hallway for side conversations. It is difficult to hear speaker remarks when there are other conversations occurring JLadd Bob Rusten From: Thursday, March 28, 2013 9:35 AM TSent: JLadd Subject:u FW: Resignation S For Monday's agenda. Bob Rusten Deputy City Manager City of South Burlington - • a Cityofficial or staff, or containing information relaisegmadelty Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received to or c Notice prepare Citybe inspected by any person upon request, unless otherwise business for usek in matterse concerning as public business, may business are by la to be regarded received esd which may P law. 1 you have received this message in error,please notify us immediately by return email. Thank you for your confidential by f cooperation. From: Bill Tegtmeyer[mail203 4 O PMail.com] Sent: Saturday, March 16, To: Bob Rusten; Martin Kenny; Rep. Helen Head; Senator Sally Fox Subject: Resignation Dear Mr. Rusten, must resign from the Chittenden Correnctional Facility commson ittee. I regret Committee. e. I i city It is with regret that I on moving out of state in April 2013 and will no longer be able to serve awhile. Perhaps it's usefulness is management has not found the time to meet with this Committee in quitetime with the average outdated,t but I believe anyti me City officials are able to meet with community a members willing to spend time to serve the city,they should be able to meet. It is due to a lack of City official's election. i that has brought about the divisiveness we saw in the recentt ehtir cicommunity.I hope future citizens of our commonty hank fure city management will see fit to meeting with citizen's interested in service you for the opportunity to serve our City. Very truly yours, William"Bill" Tegtmeyer 1 03/29/13 City of South Burlington Accounts Payable Page 1 cingalls Check Warrant Report # 11:39 am Unpaid Invoices For Check Acct 1(GENERAL FUND) From / / To 04/01/13 Purchase Discount Amount Check Check Vendor Invoice Invoice Description Amount Amount Paid Number Date A C S AFFILIATED COMPUTER SERVICES I 890642 ADD FULL SERVICE INDEXIN 706.50 0.00 /--/-- A C S AFFILIATED COMPUTER SERVICES I 890641 20/20 SYSTEM - FEB 2013 2166.60 0.00 /--/-- ADAMSN ADAMSON INDUSTRIES CORPORATION 115444 CHIEF'S VEHICLE PARTS 1019.20 0.00 /--/-- ALL ALL CYCLE WASTE INC AIRGAS AIRGAS USA, LLC 9907675659 LEASE RENEWAL 4/1-3/31/1 135.00 0.00 2129365 TRASH REMOVAL 83.96 0.00 /--/-- ALL ALL CYCLE WASTE INC 2129048 TRASH REMOVAL 226.04 0.00 /-_/_- ALL ALL CYCLE WASTE INC 2128939 TRASH REMOVAL 127.61 0.00 17321.31 0.00 /__/__/--/ AQU AQUA-AEROBIC SYSTEMS INC 994042 FILTER CLOTH SOCK /--/-- ASHERR ASHER, RUPESH 03/15/2013 REFUND - OVERPAID 1080.70 0.00 AT&T AT&T MOBILITY 973X03242013 FD MOBILE PHONES 176.12 0.00 /--/-- AUTO AUTO ELECTRIC INC. 23024 GROMMETTS 123.75 0.00 /--/- gpg;R HAHR SALES, INC. - 10231 CAMERA ASSEMBLY 242.33 0.00 . /__/_ BATES BATES & MURRAY INC S2013-6097 FIRE ALARM INSPECTION 300.00 0.00 /--/-- BATTERYPL BATTERY'S PLUS 1554 BATTERY 98.00 0.00 . /--/-- BENNETT BENNETT, CAROL 56106 YOGA INSTRUCTOR 504.00 0.00 /__/__ BIBENS BIBENS ACE 765441/3 MOVING SUPPLIES 29.35 0.00 /__/__ BIBENS BIBENS ACE 765305/3 BATTERIES 7.99 0.00 /--/ BIBENS BIBENS ACE 765254/3 RAIN GEAR - CAMERON 49.99 0.00 /__/__ SIRENS BIBENS ACE 765423/3 LINK CHAIN 3.49 0.00 /__/__ BIBENS BIBENS ACE 765460/3 BUILDING KEY 15.92 0.00 /--/-- _ SIRENS SIRENS ACE 765308/3 METAL SCREW & DRILL KIT 9.99 0.00 /__/- BIBENS BIBENS ACE 765425/3 CLOTHING - GEBO 37.59 0.00 /--/- BIBENS BIBENS ACE - 765252/3 TOILET SEAT 26.99 0.00 /__/_ BIBENS BIBENS ACE 765302/3 PUMPING STATION SUPPLY 5.78 0.00 /__/__ BIBENS BIBENS ACE 765334/3 SHOP SUPPLIES 8.07 0.00 /--/ _- 765374/3 FASTENERS 2.78 0.00 /__/ .- BIBENS BIBENS ACE 0.00 BORICKE BORICK, ERIN 03152013 REFUND - PAID TWICE 1823.77 0.00 28.74 0.00 /__/-- BOUND BOUND TREE MEDICAL, LLC 81032274 MEDICAL SUPPLIES 971.27 0.00 /__/__ /__/__ HOUND BOUND TREE MEDICAL, LLC 81029578 MEDICAL SUPPLIES /-_/- BURLC2 BURLINGTON CITY OF 03122013 CVRA B-RAT•T TOURNEY FEE 50,00 0.00 . HURLCO BURLINGTON CObAfUNCIATIONS 20135366 PUMP STATION REPAIRS 170.000.00 /__/__ CARQUE CARQUEST AUTO PARTS CARGIL CARGILL INC - SALT DIVISION 2901049286 DEICER SALT 7567.57 /__/__ 11141-31184 FILTERS 73.78 1.48 CARQUE CARQUEST AUTO PARTS 11138-30258 OIL FILTER 5.30 0.11 /__/__ CARQME CARQUEST AUTO PARTS 11141-31165 RETURN - ALTERNATOR -36.00 -0.72 05 0 CARQUE CARQUEST AUTO PARTS .24.8 /__/__ 11141-31272 OIL FILTER 29.58 0.59 2 0.50 /__/__ CARQUE CARQUEST AUTO PARTS 11141-31167 FUEL FILTERS /__/-_ CARQy7E CARQUEST AUTO PARTS 11141-31082 FITTINGS 2.64 /__/__ C,ARQLyE CARQUEST AUTO PARTS 11141-31162 OIL FILTER 7.14 0.14 CARQUE CARQUEST AUTO PARTS 11138-30029 AIR REGULATOR W/ GAUGE 19.94 0.40 /--/ CARQUE CARQUEST AUTO PARTS 11141-31028 ALTERNATOR 231.99 4.64 /--/-- CARQyTE CARQUEST AUTO PARTS 11141-30588 SEALER & UNDERCOAT 27.65 0.55 /--/- CARQUE CARQUEST AUTO PARTS 11138-29520 TRIM-PANEL 4.12 0.08 /--/-- CARQUE CARQUEST AUTO PARTS 11138-29603 MINI BULB 13.80 0.28 /--/-- CARQUE CARQUEST AUTO PARTS 11138-29606 SENSOR 24.91 0.50 • /--/-- CARQUE CARQUEST AUTO PARTS 11138-29463 BAIT JOINT -52.64 -1.05 • /--/-- CARQL7E CARQUEST AUTO PARTS 11141-30763 FITTINGS 13.28 0.27 • /--/ CARQUE CARQUEST AUTO PARTS 11138-29822 RUSTSHEILD 39.99 0.80 . /--/-- CARQUE CARQUEST AUTO PARTS 11141-30930 FILTERS 29.28 0.59 • /__/__ T.C AR £ CHARLEBOIS INC IC63255 BUS SWITCH 96.37 0.00 /__/__ 03/29/13 City of South Burlington Accounts Payable Page 2 11:39 am Check Warrant Report # cingalls Unpaid Invoices For Check Acct 1(GENERAL FUND) From / / To 04/01/13 Purchase Discount Amount Check Check Vendor Invoice Invoice Description Amount Amount Paid Number Date CHARLI CHARLEBOIS TRUCK PARTS INC 1230810054 KING PINS 24.46 0.00 /--/-- CHARLI CHARLEBOIS TRUCK PARTS INC 1230790029 GELA ENGINE 31.90 0.00 . /--/-- CHARLI CHARLEBOIS TRUCK PARTS INC 1230780059 HOSES 185.91 0.00 . /--/-- CHARLI CHARLEBOIS TRUCK PARTS INC 1230780053 VALVE KIT 242.01 0.00 . /--/-- CHARLI CHARLEBOIS TRUCK PARTS INC 1230790056 CAATN 91.80 0.00 . /--/-- CHARLI CHARLEBOIS TRUCK PARTS INC 1230720040 AIR DRIER 39.95 0.00 . /--/-- CHARLI CHARLEBOIS TRUCK PARTS INC 1230730033 VEHICLE PARTS 27.87 0.00 /--/-- CHARLI CHARLEBOIS TRUCK PARTS INC 1230730049 VEHICLE PARTS 5.00 0.00 . /--/-- CHARLI CHARLEBOIS TRUCK PARTS INC 1230710005 VEHICLE PARTS 8.43 0.00 . /--/-- CHARLI CHARLEBOIS TRUCK PARTS INC 1230740031 VALVE 45.47 0.00 . /--/-- CHARLI CHARLEBOIS TRUCK PARTS INC 1230770015 HOSES 42.88 0.00 . /--/-- CRARLI CHARLEBOIS TRUCK PARTS INC 1230770064 RETURN - LINKS -42.88 0.00 . /--/-- CHARLI CHARLEBOIS TRUCK PARTS INC 1230770050 FITTINGS 376.86 0.00 . /--/-- CHASE CHASE, JAMES & KATHERINE 03152013 REFUND - PAID TWICE 940.06 0.00 . /--/-- CHITRS CRITTENDEN COUNTY REGIONAL SOL IVC019633 BIOSOLIDS - FEBRUARY 201 13163.33 0.00 /--/-- CJNVT CJNVT 0007 30 LITTLE BOOK OF RJ 89.10 0.00 /--/-- CLARKS CLARK'S TRUCK CENTER 319386 MOTOR 388.04 0.00 . /--/-- CLARKS CLARK'S TRUCK CENTER CM319386 MOTOR -388.04 0.00 . /--/-- CLARKS CLARK'S TRUCK CENTER 320654 LIGHT 24.19 0.00 . /--/-- CLARKS CLARK'S TRUCK CENTER 320653 GLASS 213.46 0.00 . /--/- CLARKS CLARK'S TRUCK CENTER 320361 SENSOR 137.65 0.00 . /--/-- CLARKS CLARK'S TRUCK CENTER 51337 RECALIBRATION 3.89 0.00 . /--/-- CLARKS CLARK'S TRUCK CENTER 51346 BUS REPAIR 279.93 0.00 . /--/-- CLARKS CLARK'S TRUCK CENTER 320308 BUS PARTS 222.88 0.00 . /--/-- CLEAN WAT CLEAN WATER, INC. 5536 POLYMER 7800.75 0.00 . /--/-- COMCAST COMCAST 03210420PD13 P/D INTERNET 89.80 0.00 /--/- COMCAST COMCAST 03200419PD13 P/D INTERNET 151.90 0.00 . /'-/- COMCAST COMCAST 04010430H013 STATION#2 CABLE 124.48 0.00 . /--/- COMCAST COMCAST 03080407F13 EMERGENCY CTR @ LANDFILL 80.01 0.00 . /--/-- CRYSTAL CRYSTAL ROCK LLC 02282013 F/D BOTTLED WATER 66.40 0.00 . /--/-` CVCPAGING CENTRAL VERMONT COMMUNICATIONS 10278168 AIRTIME 11.25 0.00 . /--/-- D MFIR D & M FIRE & SAFETY EQUIPMENT 27065 ANNUAL INSPECTION 228.00 0.00 . /--/-- DE I,AGF DE LAGE LANDEN FINANCIAL SERVI 17262702 LIBRARY COPIER 163.87 0.00 . /--/-- DE LAGE DE LADE LANDEN FINANCIAL SERVI 17398198 2ND FLOOR COPIER 356.07 0.00 . /--/-- DEMERS DEMERS, TANYA 56129 REFUND - GIRLS TRACK 75.00 0.00 . /--/-- DENYSE DENYSE PERRY LLC 03.14.13 EASTWOOD CO164ONS MEDIAT 320.00 0.00 . /--/-- DIONS DION SECURITY, INC 44947 REKEY 156.90 0.00 . /--/-- DPW DPW - WASTEWATER 03142013 SEMI-ANNUAL BILLING 55391.84 0.00 . /--/-- DREHER DREHER DESIGN 02 CONSULTANT CODE & MAP 4628.00 0.00 . /--/-- EARLS EARL'S CYCLERY and FITNESS 152717 TUNE UP CLASS 115.00 0.00 . /--/-- ERIKSSONS ERIKSSON, SUSANNAH 56059 REFUND - CHEERLEADING 35.00 0.00 . /--/-- FARM THE FARM AT SOUTH VILLAGE, INC 345 FEBRUARY 2013 1210.19 0.00 . /--/-- FARM THE FARM AT SOUTH VILLAGE, INC 344 JANUARY 2013 449.13 0.00 . /--/-- FASTEN FASTENAL COMPANY VTBUR174375 LIGHTS HARDWARE 375.87 0.00 • /--/- FASTEN FASTENAL COMPANY VTBUR165708 GREASE 157.62 0.00 • /--/-- FE➢PUB FEDERAL PUBLISHING 42377 OSHA - EPA JOURNAL 278.50 0.00 • /--/-- FIREETC FIRE TECH & SAFETY OF NEW ENGL 131238 HOSE & SOCKET 349.60 0.00 . /--/-- FIREETC FIRE TECH & SAFETY OF NEW ENGL 131145 AIRPACK MAINTENANCE 833.36 0.00 . /--/-- FIREETC FIRE TECH & SAFETY OF NEW ENGL 131324 AIRPACK MAINTENANCE 349.20 0.00 • /--/- FISHER FISHER SCIENTIFIC COMPANY 7262756 LAB SUPPLIES - 58.94 0.00 . /--/-- 03/29/13 City of South Burlington Accounts Payable Page 3 11:39 am Check Warrant Report 8 cingalls Unpaid Invoices For Check Acct 1(GENERAL FUND) From / / To 04/01/13 Purchase Discount Amount Check Check Vendor Invoice Invoice Description Amount Amount Paid Number Date FISHER FISHER SCIENTIFIC COMPANY 6860060 LAB SUPPLIES 28.91 0.00 . /--/-- G & K SER G & K SERVICES 1295691850 UNIFORMS 91.00 0.00 . /--/-- G & K SER G & K SERVICES 1295689326 UNIFORMS 92.68 0.00 . /--/-- GALE GALE GROUP 98873566 BOOKS 110.66 0.00 . /--/-- GALE GALE GROUP 98889049 BOOKS 27.05 0.00 . /--/-- GALLS GALLS, LLC 466190 UNIFORMS 176.00 0.00 . /--/-- GOLD STAR GOLD STAR DOG TRAINING 121 DOG CLASS 1025.00 0.00 . /--/-- GOT THAT GOT THAT RENTAL & SALES, INC. 01-087815-01 MARKING PAINT 115.75 0.00 . /--/-- GRAHAME GRAHAM, EDNA 56049 REFUND - COLOR PENCIL 70.00 0.00 . /--/-- GRAIN GRAINGER INC 9084139246 EAR PLUGS 35.45 0.00 . /--/-- GRAIN GRAINGER INC 9086049203 WHEEL & ASSEMBLY 65.04 0.00 . /--/-- GREEPW GREEN MOUNTAIN POWER CORPORATI 47931MAR13 19 GREGORY DRIVE-POLICE 3700.60 0.00 . /--/-- GREEPW GREEN MOUNTAIN POWER CORPORATI 62761MAR13 VAN SICKLEN RD PUMP STAT 11.69 0.00 . /--/ GREEPW GREEN MOUNTAIN POWER CORPORATI 31855MAR13 MILL POND LN PUMP 156.70 0.00 . /--/-- GREEPW GREEN MOUNTAIN POWER CORPORATI 21094MAR13 DORSET ST PUMP STATION 74.76 0.00 . /--/-' GREEPW GREEN MOUNTAIN POWER CORPORATI 00040MAR13 911 DORSET ST PUMP STAT 12.38 0.00 . /--/-- GREEPW GREEN MOUNTAIN POWER CORPORATI 07961MAR13 LANDFILL PUMP STATION 489.26 0.00 . /--/- GREEPW GREEN MOUNTAIN POWER CORPORATI 11830MAR13 T/L DORSET/SWIFT-SOLAR 54.48 0.00 . /--/-- GREEPW GREEN MOUNTAIN POWER CORPORATI 18931MAR13 T/L DORSET/KENNEDY-SOLAR 121.08 0.00 . /--/-- GREEPW GREEN MOUNTAIN POWER CORPORATI 75731MAR13 702 T/L U MALL/ DORSET S 162.75 0.00 . /--/-- GREEPW GREEN MOUNTAIN POWER CORPORATI 90476MAR13 T/L WILLISTON RD/DORSET 33.65 0.00 . /--/-- GRERRS GREERS 717683 DRYCLEANING 38.55 0.00 . /--/-- GSM GSM ENTERPRISES, INC. 230306005 VEHICLE REPAIRS 2287.14 0.00 . /--/-- GSM GSM ENTERPRISES, INC. 230312004 VEHICLE REPAIRS 771.81 0.00 . /--/-- GSM GSM ENTERPRISES, INC. 230312003 VEHICLE REPAIRS 284.67 0.00 . /--/-- GSM GSM ENTERPRISES, INC. 230313001 VEHICLE REPAIRS 120.26 0.00 . /--/-- GSM GSM ENTERPRISES, INC. 230314003 VEHICLE REPAIRS 52.75 0.00 . /--/-- GSM GSM ENTERPRISES, INC. 230312002 VEHICLE REPAIRS 147.58 0.00 . /--/-- GUERRERO GUERRERO, LISA 56107 ZUMBA INSTRUCTOR 800.00 0.00 . /--/-- HANNAFD HANNAFORD CHARGE SALES 9748 PLANT SUPPLIES 14.17 0.00 . /--/-- HARVEST HARVEST EQUIPMENT EW00171 TOP SCREEN 11000.00 0.00 . /--/-- HATHAWAY HATHAWAY, JOAN 56050 REFUND - COLOR PENCIL 84.00 0.00 /--/-- HAUN HAUN SPECIALTY GASES, INC 8911176 OXYGEN 25.00 0.00 . /--/-- HAUN HAUN SPECIALTY GASES, INC 8926273 OXYGEN 25.00 0.00 . /--/-- HAUN HAUN SPECIALTY OaRES, INC 8918679 OXYGEN 32.00 0.00 . /--/- HOYLE HOYLE, TANNER & ASSOCIATES INC 0051421 PROJ -107814.00 GEN. CON 120.00 0.00 . /--/- HOYLE HOYLE, TANNER & ASSOCIATES INC 0051423 PROJ-107845.00 GIS SUPPO 1560.00 0.00 . /--/-- HOYLE HOYLE, TANNER & ASSOCIATES INC 0051424 PROJ 107852 MAYFAIR PARK 175.00 0.00 . /--/-- HOYLE HOYLE, TANNER & ASSOCIATES INC 0051287 PROJ-107834 AIRPORT PKWY 6490.00 0.00 . /--/-- HOYLE HOYLE, TANNER & ASSOCIATES INC 0051419 PROJ-107834 AIRPORT PKWY 1097.92 0.00 . /--/-- HOYLE HOYLE, TANNER & ASSOCIATES INC 0051289 PROJ-107848 VW INFRASTRU 660.00 0.00 /--/-- HOYLE HOYLE, TANNER & ASSOCIATES INC 0051286 PROJ-107838 APWWTF 192.50 0.00 . /--/-- HOYLE HOYLE, TANNER & ASSOCIATES INC 0051292 PROJ-107842 LANDFILL GRW 330.00 0.00 . /--/-- HOYLE HOYLE, TANNER & ASSOCIATES INC 0051422 PROJ-107842 GROUNDWATER 55.00 0.00 . /--/-- HUMANE HUMANE SOCIETY OF A19215768 INTAKE - RIDLEY 90.00 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 66364109 BOOKS 8.24 0.00 • /--/-- INGRAM INGRAM LIBRARY SERVICES 60538196 BOOKS 233.63 0.00 • /--/-- INGRAM INGRAM LIBRARY SERVICES 66363069 BOOKS 54.96 0.00 • /--/-- INGRAM INGRAM LIBRARY SERVICES 60540097 BOOKS 20.34 0.00 • /--/-- INGRAM INGRAM LIBRARY SERVICES 60540672 BOOKS 24.75 0.00 . /--/-- 03/29/13 City of South Burlington Accounts Payable Page 4 11:39 am Check Warrant Report # cingalls Unpaid Invoices For Check Acct 1(GENERAL FUND) From / / To 04/01/13 Purchase Discount Amount Check Check Vendor Invoice Invoice Description Amount Amount Paid Number Date INGRAM INGRAM LIBRARY SERVICES 60540100 BOOKS 14.82 0.00 . /-/-- INGRAM INGRAM LIBRARY SERVICES 60540098 BOOKS 23.64 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60540096 BOOKS 70.89 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60540666 BOOKS 86.24 0.00 /--/- INGRAM INGRAM LIBRARY SERVICES 60540668 BOOKS 28.03 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60540102 BOOKS 58.26 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60538169 BOOKS 274.31 0.00 /--/-- INGRAM INGRAM LIBRARY SERVICES 66362785 BOOKS 33.04 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60540669 BOOKS 15.90 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60540099 BOOKS 15.40 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60540101 BOOKS 14.82 0.00 . /-/-- INGRAM INGRAM LIBRARY SERVICES 60538170 BOOKS 416.83 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 66363066 BOOKS 7.67 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60540103 BOOKS 13.74 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 66364110 BOOKS 26.08 0.00 /--/-- INGRAM INGRAM LIBRARY SERVICES 60540671 BOOKS 8.25 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60540667 BOOKS 6.04 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60540670 BOOKS 4.70 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60540105 BOOKS 416.44 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 66362422 BOOKS 315.79 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 66363068 BOOKS 43.19 0.00 . /--/ INGRAM INGRAM LIBRARY SERVICES 66363067 BOOKS 2.35 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60540104 BOOKS 9.34 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60537480 BOOKS 352.06 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 66362421 BOOKS 86.39 0.00 . /--/-- INGRAM INGRAM LIBRARY SERVICES 60537481 BOOKS 103.81 0.00 . /--/-- J A PUMP J Sr A PUMP AND MOTOR SERVICES, 6892 PUMP AT LANDFILL 2341.94 0.00 . /--/-- J C J C IMAGE, INC. 00014463 SUPPLIES 200.00 0.00 . /--/-- J C J C IMAGE, INC. 00014482 UNIFORMS 209.90 0.00 . /--/-- KELLY KELLY ASSOCIATES FEBRUARY 13 FEBRUARY 2013 567.00 0.00 . /--/-- KELLY KELLY ASSOCIATES JANUARY 13 JANUARY 2013 567.00 0.00 . /--/-- KYNOCH KYNOCH, LYNN 56122 CHEERLEADING COACH 425.00 0.00 . /--/-- LAMOUR LAMOUREUX & DICKINSON 36514 STP 5200 (18) US RTE 2 1273.35 0.00 • /--/-- LAMOUR LAMOUREUX & DICKINSON 36346 SUS AG/FOOD SEC.ACTION 17605.30 0.00 • /--/-- LEDUCD LEDUC, DAYNA 56130 REFUND - GIRL'S TRACK 75.00 0.00 . /--/-- LENNY LENNY'S SHOE AND APPAREL 50650 UNIFORMS - LEBEAU 170.00 0.00 . /--/-- LENNY LENNY'S SHOE AND APPAREL CREDIT CREDIT BALANCE ON STMT -0.99 0.00 /--/-- LIMOGE LIMOGE & SONS GARAGE DOORS INC 40926TE FIRE - DOOR #1 REPAIR 287.95 0.00 . /--/-- LONDO LONDON, MIRIAM 56113 YOGA INSTRUCTOR 432.00 0.00 • /--/-- MCBRIDE MCBRIDE, MAEVE 56114 YOGA INSTRUCTOR 648.00 0.00 /--/-- MILTON MILTON RENTAL & SALES CENTER I 01-290882-01 MISC PARTS 28.00 0.00 . /--/-- MINUTEM MINUTEMAN TRUCKS, INC 961107 SWITCH 121.86 0.00 . /--/-- MORPHTR MORPHOTRAK INC 113343 LIVESCAN MAINTENANCE 4497.00 0.00 • /--/- NESTMA NESTMA 03262013 3 NON-MEMBER REGISTRATIO 135.00 0.00 • /--/-- NORTRAX NORTRAX EQUIPMENT COMPANY 725008 FILTERS 61.66 0.00 • /--/-- Or&3.SS OFFICE ESSENTIALS OF VERMONT 28314 TONER 51.99 0.00 • /--/-- OFFESS OFFICE ESSENTIALS OF VERMONT 28341 OFFICE SUPPLIES 20.89 0.00 . /--/-- ORKIN ORKIN EXTERMINATING COMPANY IN REC APR 13 REC -APR 13 SCHEDULE SER 125.27 0.00 . /--/-- ORKIN ORKIN EXTERMINATING COMPANY IN FIRE APR 13 APR SERVICE - FIRE DEPT. 192.50 0.00 • /--/-- ORKIN ORKIN EXTERMINATING COMPANY IN CH APR 13 C HALL APR 13 SCHEDULE S 140.52 0.00 . /--/-- 03/29/13 City of South Burlington Accounts Payable Page 5 11:39 am Check Warrant Report # cingalls Unpaid Invoices For Check Acct 1)GENERAL FUND) From / / To 04/01/13 Purchase Discount Amount Check Check Vendor Invoice Invoice Description Amount Amount Paid Number Date ORKIN ORKIN EXTERMINATING COMPANY IN 82234910 C HALL SERVICE 140.52 0.00 . /--/-- OTHER OTHER PAPER 4318 AD - REC CAMP 176.00 0.00 . /--/-- PIKE PIKE INDUSTRIES INC 690715 ASPHALT 208.75 0.00 . /--/-- PIKE PIKE INDUSTRIES INC 690233 ASPHALT 171.25 0.00 /--/-- PITHY PITNEY BOWES PURCHASE POWER 03172013 REFILL POSTAGE METER 200.00 0.00 . /--/-- PLACE PLACE SENSE 382 IZ-PATH TO SUSTAIN OUTRE 1040.00 0.00 /--/-- PLACE PLACE SENSE 384 IA-AFFORDABLE HOUSING ST 8293.63 0.00 . /--/-- POSEID POSEIDON AIR SYSTEMS 111209 AIRPACKS MAINTENANCE 92.80 0.00 . /--/-- PRIAC PRIAC IN-015262FEB PLAN FEES-FEB 2013 4413.13 0.00 /--/-- PVC PVC PROFESSIONAL VEHICLE CORP 23938 VEHICLE MAINTENANCE 65.00 0.00 . /--/-- QCSTEE QUEEN CITY STEEL COMPANY 195204 ROUND STEEL ROD 20.39 0.00 . /--/-- RADION RADIO NORTH GROUP INC 24130679 BATTERY 125.00 0.00 . /--/-- RADION RADIO NORTH GROUP INC 24130589 LICENSE/HOOKUP 275.00 0.00 . /--/-- RADION RADIO NORTH GROUP INC 24130585 PANAVISE 60.00 0.00 . /--/-- REPRO REPROGRAPHICS OF NEW ENGLAND I 70833 MANAGER'S OFFICE ENVELOP 252.66 0.00 /--/-- RICKST RICK'S TOWING & REPAIR INC 2505 TOWING 95.00 0.00 /--/-- ROGERSC ROGERS, CLAIRE 03262013 REFUND - OVERPAYMENT 88.84 0.00 . /--/-- ROGERW ROGER WILLIAMS UNIVERSITY 2759 MID MANAGEMENT COURSE 1500.00 0.00 . /--/-- SANEL SANEL AUTO PARTS INC 13RK5362 TRUCK MIRROR 92.53 0.00 . /--/-- SANEL SANEL AUTO PARTS INC 13RL1102 TRUCK MIRROR 92.53 0.00 . /--/-- SANEL SANEL AUTO PARTS INC 13RL2851 VEHICLE PARTS 56.21 0.00 . /--/-- SANEL SANEL AUTO PARTS INC 13RV7484 FUEL FILTERS 48.92 0.00 . /--/-- SANEL SANEL AUTO PARTS INC 13RV7496 CREDIT ON RETURN -12.95 0.00 . /--/-- SANEL SANEL AUTO PARTS INC 13RU1998 BELT 13.04 0.00 . /--/-- SANEL SANEL AUTO PARTS INC 13RU1843 BELT 12.95 0.00 . /--/-- SBCOLLINS SBCOLLINS, INC 215224 DIESEL FUEL 17203.30 0.00 . /--/-- SCHNEIDK SCHNEIDER, KEVIN 03262013 REFUND - TAXES PAID TWIC 2911.74 0.00 . /--/-- SECU SECURSHRED 139674 CITY HALL SHREDDING 22.50 0.00 . /--/-- SECU SECURSHRED 139152 PD SHREDDING 22.50 0.00 . /--/-- SEVEN SEVEN DAYS 124314 HAYES AVE SW - NOTICE 31.60 0.00 . /--/- SHARPEB SHARPE, BROOKE 56115 ZUMBA INSTRUCTOR 200.00 0.00 . /--/-- SHARPED SHARPE, DONNA 56115-2 ZUMBA INSTRUCTOR 200.00 0.00 . /--/-- SKOLNICK SKOLNICK, SUSAN 56051 REFUND - COLOR PENCIL 70.00 0.00 . /--/-- SMITHSUS SMITH, SUSAN 03192013 OVERPAID CAT LICENSE 9.00 0.00 . /--/-- SOTWAT SOUTH BURLINGTON WATER DEPARTM 4918JM13 HINESBURG RD PUMP STATIO 60.50 0.00 /--/-- SOTWAT SOUTH BURLINGTON WATER DEPARTM 7642JM13 MARKET ST 213.84 0.00 . /--/-- SOTWAT SOUTH BURLINGTON WATER DEPARTM 7643JM13 MUNICIPAL COMPLEX 712.80 0.00 . /--/-- SOTWAT SOUTH BURLINGTON WATER DEPARTM 7749JM13 DORSET ST 2619.54 0.00 • /--/-- SOTWAT SOUTH BURLINGTON WATER DEPARTM 7794JM13 DORSET ST 160.38 0.00 • /--/-- SOTWAT SOUTH BURLINGTON WATER DEPARTM 7789JM13 ROADS/PATHS/SIDEWALKS 59554.44 0.00 . /--/-- STA STATE OF VERMONT 4113-9010.R SW - TECHNOLOGY PARK 186.40 0.00 . /--/-- STA STATE OF VERMONT 3153-9010.R SW - STONE HOUSE VILLAGE 327.20 0.00 . /--/-- STANTEC STANTEC CONSULTING SERVICES IN 669185 OAK CREEK/BUTLER FARM SW 975.00 0.00 • /--/- STAPL STAPLES BUSINESS ADVANTAGE 8024869099 OFFICE SUPPLIES 156.06 0.00 • /--/-- STAPL STAPLES BUSINESS ADVANTAGE 8024869098 OFFICE SUPPLIES 12.12 0.00 • /--/-- STAPL STAPLES BUSINESS ADVANTAGE 8024869100 OFFICE SUPPLIES 32.78 0.00 • /--/-- STAPL STAPLES BUSINESS ADVANTAGE 8024630677 RETURN - BINDER -17.99 0.00 • /--/- STAPL STAPLES BUSINESS ADVANTAGE 8024869096 OFFICE SUPPLIES 71.92 0.00 • /--/-- STAPL STAPLES BUSINESS ADVANTAGE 8024775566 OFFICE SUPPLIES 181.59 0.00 • /--/-- STAPL STAPLES BUSINESS ADVANTAGE 8024869097 TONERS & MISC. SUPPLIES 615.15 0.00 . /--/-- 03/29/13 City of South Burlington Accounts Payable Page 6 11:39 am Check Warrant Report # cingalls Unpaid Invoices For Check Acct 1(GENERAL FUND) From / / To 04/01/13 Purchase Discount Amount Check Check Vendor Invoice Invoice Description Amount Amount Paid Number Date STITZ STITZEL, PAGE & FLETCHER, P.C. 22451 JANUARY 2013 29971.60 0.00 . /--/-- STONE STONE ENVIRONMENTAL INC 7943 PROJ 12-077 LDR REVIEW 1316.67 0.00 /--/-- TEAM EJP TEAM EJP SO BURLINGTON A103314 KNOW H2OW 6 35.00 0.00 . /--/-- TEAM EJP TEAM EJP SO BURLINGTON A103315 KNOW H2OW 6 35.00 0.00 . /--/-- TEAM EJP TEAM EJP SO BURLINGTON A103316 KNOW H2OW 6 35.00 0.00 . /--/-- TECHGROUP TECH GROUP 60636 EXCHANGE SERVER 225.00 0.00 . /--/-- TECHGROUP TECH GROUP 60587 NEMEC ACCESS FOR TREVOR 75.00 0.00 . /--/-- TELEDYNE TELEDYNE ISCO 019307 SW - SAMPLING EQUIPMENT 10150.49 0.00 . /--/-- TREMBLAYA TREMBLAY, MAUREEN 56033 REFUND - BOOTCAMP 72.00 0.00 . /--/-- TRUDELL TRUDELL CONSULTING ENGINEERS 25839 HAYES AVE STORMWATER 577.50 0.00 . /--/-- UNIFIRST UNIFIRST CORPORATION 036 1538544 MAT CLEANING 72.30 0.00 . /--/-- UPS UPS STORE #1107 001040 SHIPPING 53.13 0.00 . /--/-- VACUUMC VACUUM CITY & SEWING CENTER 13194 SUPPLIES 27.71 0.00 . /--/-- VER IZON VERIZON WIRELESS 9701682609 FD PHONES 114.37 0.00 . /--/-- VER IZON VERIZON WIRELESS 9701543985 I-PAD WIRELESS SERVICE 425.04 0.00 . /--/-_ VERGAS VERMONT GAS SYSTEMS INC 40515-9MAR13 GROUP INV. #11245 13122.77 0.00 /--/-- VERGAS VERMONT GAS SYSTEMS INC 190008-3M13 LANDFILL RD. - OFFICE 1756.66 0.00 . /--/-- VERGAS VERMONT GAS SYSTEMS INC 190006-7M13 208 LANDFILL - GARAGE 1508.03 0.00 . /--/-- VERTIR VERMONT TIRE & SERVICE INC 146893 TRUCK TIRES 535.48 0.00 /--/-- VERTIR VERMONT TIRE & SERVICE INC 146880 TIRES FOR HIGHWAY 192.47 0.00 /--/ VERTRO VERMONT TROPHY & ENGRAVING INC 58458 NAME PLATE 13.90 0.00 /--/__ VHV VERMONT HEATING & VENTILATING 41091A WWTP - AIRPORT PKWY 601.60 0.00 6 /--/__ VLCT PACI VLCT PACIF 03122013 Claim #20121075-G01 1999.61 0.00 . /--/-_ VMERS VMERS DB 2013-1D JAN-MAR 2013 WPC CONTRIB 7389.11 0.00 . /--/-- VMERS VMERS DB 2013-1E JAN-MAR 2013 CONTRIBUTIO 23917.10 0.00 . /__/-- WAHEEDW WABEED, WAGAR 56131 REFUND - GIRLS TRACK 75.00 0.00 . /--/-- WALLACEM WALLACE, MARJORIE 56052 REFUND - COLOR PENCIL 70.00 0.00 . /--/__ WATERFRNT WATERFRONT DIVING CENTER 42945 MISC. REPAIR 15.00 0.00 . /--/__ WILLARD WILLARD, AIMEE 56010 REFUND - CHEERLEADING 35.00 0.00 . /__/-- WINOOS WINOOSKI PRESS 11059 WARNING TICKETS 312.00 0.00 . /--/_- WOOD CR WOOD'S CRW CORPORATION 557560 OIL TANK CAP 30.21 0.00 . /--/-- 03/29/2013 City of South Burlington Accounts Payable Page 7 of 7 11:39 am Check Warrant Report # cingalls Unpaid Invoices For Check Acct 1(GENERAL FUND) From / / To 04/01/13 Purchase Discount Amount Check Check Vendor Invoice Invoice Description Amount Amount Paid Number Date Report Total 390,574.86 9.21 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 $ ***390,565.65 Let this be your order for the payments of these amounts. Rosanne Greco Chris Shaw Pat Nowak Helen Riehle Pam Mackenzie South Burlington Water Dept. Accounts Payable Check Register Date: 04/02/13 Date Check No. Paid To Memo Amount Paid 4/2/2013 2301 City Of South Burlington 281,756.28 Date Voucher Number Reference Voucher Total Amount Paid 3/27/2013 VI-13018 MARCH SEWER CHGS 281,756.28 281,756.28 4/2/2013 2302 City Of South Burlington 82,442.37 Date Voucher Number Reference Voucher Total Amount Paid 3/27/2013 VI-13017 MARCH STORMWATER 82,442.37 82,442.37 4/2/2013 2303 SoVerNet, Inc. 44.23 Date Voucher Number Reference Voucher Total Amount Paid 3/15/2013 VI-13020 3229029 44.23 44.23 4/2/2013 2304 Ti-Sales Inc. 1,201.50 Date Voucher Number Reference Voucher Total Amount Paid 3/20/2013 VI-13019 INV0022241 1,201.50 1,201.50 Total Amount Paid: 365,444.38 SOUTH BURLINGTON CITY COUNCIL Printed: March 27, 2013 Page 1 of 1 South Burlington City Council minutes Thursday, March 14, 2013 Attendees: Pam Mackenzie (Chair), Pat Nowak(Vice Chair), Chris Shaw(Clerk), Helen Riehle, Rosanne Greco 5:30pm—Meet in main conference room. Chris Shaw moved to enter executive session to interview applicants for interim city manager to include applicants. Helen Riehle seconded. Motion passed 4-0 (Nowak not yet arrived). Moved to upstairs conference room. 9:00pm—Chris Shaw moved to come out of Executive Session. Pat Nowak seconded. Motion passed 5-0. No actions were taken. Pat Nowak moved to adjourn, Chris Shaw seconded. Motion passed unanimously. South Burlington City Council minutes Saturday, March 16, 2013 Attendees: Pam Mackenzie (Chair), Pat Nowak(Vice Chair), Chris Shaw(Clerk), Helen Riehle, Rosanne Greco 1:00pm—Meet outside main conference room. Rosanne Greco moved to enter executive session to interview applicants for interim city manager to include applicatns. Helen Riehle seconded. Motion passed 5-0. Moved to-upstairs conference room. 2:45pm—Chris Shaw moved to come out of Executive Session. Pat Nowak seconded. Motion passed 5-0. No actions were taken. Pat Nowak moved to adjourn, Chris Shaw seconded. Motion passed unanimously. Respectfully submitted, Chris Shaw, Clerk From: Ibelterir(a�aol.com [mailto:jbelterjr(a aol.com] Sent: Wednesday, March 27, 2013 4:05 PM To: Paul Conner Subject: Agricultural Use of the Underwood property Hi Paul, As we discussed on the phone, I made an agreement last year with Pat Underwood Weaver to clean up and use their land to grow crops for our dairy farm here in South Burlington. I spent about$7000 and three to four weeks of work to bush hog and clean up all the small trees and bushes that had grown and overtaken the land in the last seven or eight years that the land hadn't been in production. In return I was going to be allowed to grow corn on the upper flat portion of the parcel. The hillside that can be seen from Spear street would remain hayland. I used all of the original Nowland farm for about twenty five years in the past before all the residential development. I would very much like to have the city maintain the agreement that was made before the land was sold. Thank you, John H. Belter Ethan Allen Farm TO THE SOUTH BURLINGTON CITY COUNCIL We are homeowners on Holmes Road Extension in South Burlington. We request the Council to ask City staff to resume efforts commenced last year, in accordance with Council's unanimous vote in late May or June 2012, to make the Holmes Road Ext. RR crossing "public". As we think you are aware, making the crossing public will put it on an equal footing with the RR crossing at Bartlett Bay Road. Doing so will resolve legal and other issues that have been raised and continue to affect us due to the stance of the Vermont AOT. AOT continues to claim without documentation that Holmes Road was a "farm crossing",1 that homeowners whose deeds provide for ingress and egress to Holmes Road do not have a legal right to cross the RR tracks, and that it will offer only non-permanent "license" agreements to those homeowners to give them legal access to their properties. The proposed "license" solution is not adequate because: • According to our information, access to insurance that the State requires is at best limited, even to groups of homeowners, and is likely to become more limited in the future 1 Please see the attached Jan. 9, 2013 email from Mr. DelaBruere of the Vermont AOT. • The Vermont Banking community has been consistent in its concerns about the legal access issue and its impact upon clear title, and many banks are likely to be unwilling to incur the risk of financing a resale or refinancing • We have come to understand that title insurance companies may offer insurance only to the extent that the agreement the State has offered. That is, once the agreement terminates, the title insurance coverage will not protect the homeowner. At least one of the title companies has taken the position that it will not issue a policy based on a license agreement, but only when the access is permanent and runs with the land • Many attorneys in Chittenden County will put an exception in a title policy, which may either scare off a buyer or provide leverage for a harder bargain; this problem would be eliminated if the Holmes Road crossing was public We also know from discussions with our representative in the General Assembly that a legislative response is complicated and problematic. Under the best of circumstances, it will take a substantial time to develop and will not offer us the same protections—either short or long term—that a "public" crossing provides. As things stood during the time the City was working towards a "public" crossing, the City Manager's office indicated that the City could add this crossing to the City's insurance policy at little or no cost. Further, based on engineering. studies, there were no infrastructure (road) upgrades needed. And as we think you'll recall, the road's owner, Mr. Farrell, had indicated a willingness to donate the small portion of road to needed to make the crossing public to South Burlington. It is our understanding that all of the problems we have described above having to do with access and insurance go away when the crossing becomes public, just as they appear not to be problems for those who own properties on the west side of the rail crossing at Bartlett Bay Road. We would urge council to request City staff to continue the work on this simple and elegant solution to these problems. We ask that this subject be added to the upcoming Council meeting agenda as soon as possible, if necessary. By: /S/ , on behalf of: Michael H. Lipson Jane Boisvert Adam Glaser and Adrienne Slusky Thomas and Kathy Easton Michael Weissman Terry and Sally Ryan Jeanette Whiting John and Karen Wolff David and Joan Boardman Michael and Marjorie Lipson Art and Genevieve Rideout RE: VT RR Crossings & Private Roads - Info/Update request From :Daniel Delabruere <Danel.Delabruere@state.vt.us> Wed, Jan 09, 2013 06:41 PM Subject : RE: VT RR Crossings & Private Roads - Info/Update request To :'Thomas R. and/or Kathleen H. Easton' <trekhe@comcast.net> Dear Mrs. Easton, Thank you for contacting the VTrans Rail section. I am the appropriate contact person for Railroad crossing questions. The State of Vermont manages crossing for all state owned rail property. We take the issue of crossing the railroad very seriously. The current status for roads like Holmes Road where the current legal crossing right is a "Farm Crossing",VTrans and Vermont Rail Systems have a private crossing agreement that is a conditional agreement allowing you to cross the railroad property.There are certain annual fees, insurance requirements and maintenance requirements that would be required with this agreement.This agreement would give you legal access across the railroad property. I would suggest to all home owners on Holmes Road, that they enter into this type of agreement and protective insurance as any incident that occurs without the legal right to cross or the proper insurance might expose them to some risk. VTrans has had some meetings to discuss this type of agreement however we did not take minutes to these meetings. At this time we are not making any changes to our agreement based on these meetings. I do not have any further meetings scheduled on this subject at this time. If you would like a copy of an agreement please let me know and I would be happy to provide one to you. Thank you for your interest. Dan Delabruere Rail Program Director State of Vermont-AOT PPAID- Rail Unit One National Life Drive Montpelier, VT 05633-5001 PH:(802)828-1331, Fax(802)828-2829 From: Thomas R. and/or Kathleen H. Easton [mailto:trekhe@comcast.net] Sent: Tuesday, January 08, 2013 1:11 PM To: Delabruere, Daniel Subject: VT RR Crossings & Private Roads - Info/Update request Dear Mr. Delabruere, I believe you are the appropriate State of Vermont official to contact regarding the below query. If I am incorrect,please advise and/or forward this message to whomever may better assist. I am seeking information regarding the current status of the Vermont Agency of Transportation vis a vis the statewide issue of railroad crossings and private roads. This is a subject of particular interest for our Holmes Road neighborhood in South Burlington and we would most appreciate an update. Residents would also be interested in reviewing past Minutes of AOT meetings at which this topic was considered, as well as Agendas and scheduling information for future meetings so that members of our community may be better involved in the process. If there are website links to readily access this information, please advise. Your assistance is greatly appreciated. Best regards, Kathy Easton Thomas R. and Kathleen H. Easton 101 Holmes Road South Burlington, VT 05403-7726 Home: (802) 497-0425 Kathy's Cell: (703) 475-0227 Tom's Cell: (703) 472-3236 Email: trekhe@comcast.net { t P southr,, ,on To: Bob Rusten,Temporary Interim City Manager • From: Ilona Blanchard, Project Director Subject: Market Street Preferred Cross Sections and Cross Street Locations Date: April 1, 2012 Background: Last Spring,the City Council approved the alignment for Market Street and authorized the Market Street Reconstruction project to proceed. Since then, the contract was amended, design public outreach and stakeholder coordination initiated, and data collection and analysis begun. This project is in design and requires approval of the preferred cross sections(please see attached Illustrations of Proposed Preferred Cross Sections for Market Street) and cross street locations to move to the next phase of design (geometry and materials such as paving, landscaping and site furniture). The project is being undertaken by a diverse set of consultants with specialized skills, VTrans, and the City, including Justin Rabidoux, Director of Public Works(the Local Municipal Manager), Paul Conner,Director of Planning and Zoning, and Tom DiPietro, Deputy Director of Public Works. Other resources have been accessed as required, for example,the Fire Department and the Form Based Codes consultants. Preferred cross sections, once approved, will set the target dimensions for the street site plan geometric layout. Site conditions, such as intersections, curves,transitions, and bridges will result in variations to the cross sections and this geometry is part of the next design phase. Once the preferred cross sections are approved, moving forward, and until constructed, changes may be made;however these may also incur associated costs. Potential cross street locations, once approved, will establish roadway elevations, stormwater flow lines, utility stubs and other plan elements. This does not require that these streets will be built in the future. It ensures that if they are built at these locations the main roadbed of Market Street will not need to be reconstructed due to utility cuts (a leading cause of roadway deterioration)or be regraded to accommodate future connections. Form Based Codes Committee Recommendations As part of the coordination process the Form Based Codes Committee(FBC) has been working since December to develop recommendations that will feed 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com Background, into the plan set. These include the locations of the cross streets,the location continued of the stormwater facilities, and the proposed land uses adjacent to Market Street. The FBC met on March 21 and voted to recommend potential future cross streets at Mary Street,the entrance to the Rick Marcotte Central School, approximately 400 feet to the east of the school driveway(Street A), and just to the west of the wetlands/Tributary 3 to the Potash Brook upland buffer. With set potential cross street locations, Market Street utilities and other infrastructure may be built to accommodate future street tie-ins without cutting into the roadway. The FBC also voted to recommend that stormwater treatment ponds be located south of Market Street and closer to the wetland buffer, further from Street A. The FBC has been consistent in messy map drawing discussions placing retail blocks at the western end and less intensive uses at the eastern end of the street. As they have not made a formal recommendation, no proposal regarding the adjacent land uses has been presented for the Council to consider taking action on today. Public Outreach and Coordination The public outreach plan that was discussed with Council last spring included substantial public outreach during the project design stage. Based on this plan, the team coordinated with the FBC staff and consultant to align the public outreach schedules. A"blank slate"approach was selected in order to allow broad public input to lead the design. The design workshops were delayed in order to hold the project kick-off workshop during the Community Visioning Week so that the design could also be informed by that week's discussions. In January, a letter was sent to all committees, inviting them to the public workshops and offering to meet with them at their convenience. Three design workshops were held. These workshops were advertised in The Other Paper, where the project press release was published in full, and each workshop was covered by a reporter. Workshop notices were also posted on Front Porch Forum, Facebook and on the City website. WCAX also produced and aired a news segment on the project prior to the last workshop. The first design workshop solicited input on a variety of topics to help understand community's interest in the character, use and function of Market Street. An exercise"Talking with Dots"collected additional information on attendee preferences. Reactions and thoughts regarding a series of options were solicited at Design Workshop#2, subsequently online, and in a public display. These are available online. Based on feedback regarding a desire for café seating, interest in accommodating a variety of users, and a safe slow speed street,these were narrowed down to a draft final, presented at the third workshop. Meetings or phone conversations were held with stakeholders and service providers as well as agencies that will be reviewing the project, including South Burlington Realty and other property owners,the Fire Department, Public Works,Local Motion, Chittenden County Transportation Authority (CCTA),the South Burlington School District, and the Vermont Agency of Transportation(VTrans) and this will continue throughout the process. The approval of the Council at key junctures, design workshop collected input, stakeholder coordination, and additional public feedback will be used to create a detailed Market Street construction plan set to submit for permitting. Draft Final Cross Sections, Community Input and Modifiations A set of draft final cross sections for the reconstruction of Market Street were presented at Design Workshop#3 at the beginning of March. These draft final cross sections accommodated the many current and expected users of Market Street within the right-of-way. On the whole,the draft final cross sections received very positive public feedback. In response to comments and additional consultation with agencies,the bicycle accommodations,travel lanes, sidewalks and site furniture zones were redesigned as follows: Retail block bicycle accommodations. Property owners and owner representatives expressed a concern that bicyclists are too fast for the downtown street section, and did not belong in an environment with pedestrians, retail and restaurants. While the Form Based Codes Committee has not formally discussed how bicycles should be accommodated on Market Street, one member feels that the FBC should determine the design or the project should wait until the committee has completed their process. Very positive comments were received from the chairs of the Planning Commission and Recreation and Leisure Arts Committee which also did not formally discuss the project, although the Rec and Leisure Arts chair expressed concern about cafe seating immediately adjacent to the cycle track. The Recreation Path Committee did not provide formal comments during the process although they did provide comments last year recommending a shared use path throughout, and since then, one member has expressed the view that bicycles should have specific accommodations along Market Street in the retail section. This was the only committee that requested a meeting with staff on the project. Unfortunately the evening requested coincided with Pre-Town Meeting, and could not be accommodated. A representative is expected to provide comments at the Council meeting. Chittenden County Regional Planning Commission transportation staff reviewed the draft final and commented that"it looks good"and they had no specific comments. All comments were treated similarly,but examples of notable residents that expressed unqualified support for a continuous facility along the length of Market Street included Rep. Helen Head, former Development Review Board Chair John Dinklage and former Rec Path Committee Chair Lou Bresee. Others did not feel bicycles needed to be or should be accommodated in the retail section, although the modification has allayed these concerns among key stakeholders. The State of Vermont Complete Street law provides clear guidance that in the design of Market Street bicyclists are users which need to be accommodated. South Burlington Realty representatives suggested that the street level separated track be changed to a shared use path at grade with the sidewalk, narrowed, and distinguished by a change in sidewalk paving material in order that bicyclists feel more like guests in a pedestrian environment. This suggestion was incorporated into the design presented for consideration. This creates more cues to bicyclists to travel at a slow pace and the expectation that pedestrians will share the area. It also creates opportunities for this space to be flexibly used as a spillover pedestrian area during events by removing the tripping hazard of curbs. The pathway occupies less width than the accommodation presented in the draft final, and this width was reallocated to the sidewalks. Given this modification, South Burlington Realty no longer has serious reservations to the preferred cross sections as modified and stated that in light of the Complete Streets requirements,this is one of the better possible alternatives.This accommodation was also acceptable to representatives of the cyclist community. Paul Dreher,the consultant to the FBC,has reviewed the modified cross section and is confident it will support the growth of a downtown as envisioned. Travel lanes. Comments were also received from several parties regarding the width of the travel lanes for motorized vehicles. Travel lanes were narrowed in the retail block and reallocated in the eastern block cross sections to increase the traffic calming effect by bringing parked cars and opposing lane traffic closer to drivers. Narrower lanes also reduce the time that pedestrians need to cross the street. Transit accommodation on Market Street places a constraint on how narrow lanes may be designed; as buses are substantially wider than other vehicles with the exception of fire trucks(see detailed discussion of Market Street Preferred Cross Sections for more details). Sidewalk and furniture/amenity zone. Concerns were expressed, especially by property owners,that the sidewalks adjacent to retail should be larger. The additional space gained by modifications to the bicycle accommodation and the travel lanes in the retail blocks has been reallocated to the streetscape on both sides of the street. Both sides of the sidewalks will accommodate café seating in the right-of-way. The north side streetscape is proposed at 16 feet: nine foot thru-walks, seven foot sidewalk/amenity zone, while the south side streetscape is proposed at twenty-six feet: nine foot thru-walks, seven foot sidewalk/amenity zone, eight foot shared use path,two foot curb offset.Note that while the amenity zone target is seven feet,the extent to which this area looks and functions like a sidewalk will be discussed in the next design phase (materials-paving, landscaping, and site furniture). Parking. Comments were received suggesting both more and less parking, angled parking, and parking in the middle of the street; however no modifications were made. On-street parking has been linked to higher sales volume in retail stores;therefore, parking on both sides of the street is shown in the retail section. Options with wider/angled parking were seen as problematic by reviewing agencies and reduced opportunities for café seating or otherwise reduced the quality of the space to preclude other users. The center angled option provides an equal amount of parking to parallel parking. Alternative Options In the course of the design workshops,many non-cyclist community coments supported a bicycle accommodation. Others requested a facility separate from pedestrians and moving vehicles. Conversations with staff at the Rick Marcotte Central School note approximately 12 students currently bike to school via Market Street,mainly from Dorset Street. A separated bicycle accommodation is consistent with efforts to reduce traffic congestion, parking demand, and obesity,because they appeal to a substantially larger segment of the population than non-separated facilities. However, as several key stakeholders expressed strong concerns, alternatives such as no accommodation were explored. This project does not qualify for an exemption from the Vermont State law on complete streets, ruling out"no accommodation"as a viable alternative. This is because the cost of incorporating Complete Streets principles is not "disproportionate to the need or probable use". A connected, shared use path is a category of facility that attracts a high percentage of users—the"risk- adverse"—who would not bicycle under other conditions, and is the highest category of need. VTrans guidance on the law is to provide accommodations in downtown areas: "...one key factor to consider is the land use context in which the project is located. Pedestrian,bicycle, and transit use is heavily dependent on the types and density of land uses adjacent to a roadway. There are two extremes of land use that should lead to clear decisions about whether there is a need or probable use...One end of the spectrum is what would be characterized as urban(i.e. village center, growth center, or downtown),where the development density is high,there is a mix of land uses and the buildings are in close proximity to the street. In an urban land use,there is more of a focus on pedestrian and bicyclist activity and the streets must work for all users..." Accommodations exist on a continuum from attracting"risk-adverse" such as women, families, seniors etc., (the largest number of potential users)to only attracting"high-risk"bicyclists, such as commuters(the smallest number potential users). A shared use path would attract at the high end of the continuum, while a shared travel lane is at the very low end, less than 5%of the population. An on-street bicycle lane would be in the middle of the accommodation continuum. This is not a recommended alternative and would reduce roadway friction important in traffic calming by widening the roadway. Such a facility would also serve a smaller number of potential users, as it would place them adjacent to moving vehicles. At the lowest end of the continuum would be shared travel lanes.Vermont Design Standards require shared travel lane widths to be a minimum 13 feet width. This alternative is also not recommended as such a width is consistent with higher speed roads and reduces roadway friction. It would not achieve the traffic calming or pedestrian street crossing distance shortening effects consistent with the community interest in a walkable downtown, and it would only appeal with cyclists that are comfortable with "taking the road", high-risk cyclists. Next Steps When target typical cross sections are approved, work will begin on material options and laying out the geometry of the roadway. Public outreach and stakeholder meetings will occur throughout this next phase of the design process prior to Council review. The project team will continue to work closely with groups such as the Form Based Codes Committee and the Recreation Path Committee to ensure consistency and coordination of efforts. The FBC is also expected to take an action related to land use options adjacent to Market Street shortly and once this occurs, their recommendation will be brought to the City Council for approval. Attachments: • Illustrations of Proposed Preferred Cross Sections for Market Street (Note that people,buildings, trees,paving, etc. is illustrative and in order to provide scale only) o Section: Retail Block o Plan: Retail Block o Section: Eastern End o Plan: Eastern End • Design Discussion: Proposed Market Street Preferred Cross Sections • Most Recent Messy Map Illustrating Form Based Codes Recommended Cross Streets • Resolution Recommendation: Approve Resolution i \ ,_ 3NIl'M'O'b.9 ._._-___,__ 1 ik a Q w o K ems. �w „ s , ASP ' "t 0 1- .u3 '+a"" �� W Q W ♦ 07 � CL J Z W ' �JQY U- , <'' Q Q m O.a iv W 1 r u. ED co 3N112i31N3�ab0i 110P- g J♦ JLLI Z j Q a f. as Y v0 J i co'44.t y �. r`W J J W „ Q o_ W co ♦ ..3NI1 MO2I.08 * Y a Q= �` z " O7'1' 1-w UQ W a owis IF1NU 11 E k mu g� O .i• ir0 1 i . ", ,i!,4ii„:„4.:,,,,,:ilis,,,, ...fir,-,,: - ..:"."_,,,Lf,„-,g iii! i iffikolitivx. tit; ,,,, ., 1 .,,,,,:„.14 i i K Z , iii! 4 RA c ":,„ ii, „„,„.. . 11 .14 pit7lii. .1 w1 -11N-w.,liki ! 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F , .•;,,r.,,'): ,.-44 ..".11 itlipaii'L • ' ' . worloilit ..;: `-� ..,:.. sae i :'j rl ikiiik. . 7';,:*11,740.4;if,';'::,:,:31 ;"iiiKlitt 0 ,-40010r—'.71 ' 'rt.1 A NrArmiNki., . ...litnig T r 1 Lbpl 3ECTtontur 1 WIHo sitl, o .111i.t':W*i , s erro : ":: g 4tlyt,4iplil4' c h Design Discussion: Proposed Market Street Preferred Cross Sections The recommended preferred cross sections represent a balanced approach with an emphasis on pedestrians in retail blocks and a shady tree lined street at the eastern end of Market Street. The proposed preferred cross sections provide accommodations for pedestrians, vehicles, directional non- motorized users(such as bicyclists, skateboarders, and baby stroller joggers), and parking. The preferred dimensions support cafe seating, visiting, window shopping,exhibits, and other uses within the public right-of- way. This cross section features a streetscape well-buffered by on-street parking, calmer traffic, on-site stormwater infiltration and opportunities for green swaths of trees at the east end. Bump-outs simultaneously increase pedestrian safety and build-in opportunities for locating public art, additional cafe seating or landscaping, exploration and learning. The preferred cross sections will be used as the target widths throughout the length of Market Street, as conditions permit. The recommended dimensions accommodate all users safely and creatively meeting the State Complete Streets law while supporting the growth of a sociable and engaging downtown. Travel lanes preferred accommodation: 11 foot wide travel lanes in each direction. The design intent is to create narrow lanes in order to calm and slow traffic by creating"friction"and to make street crossing safer and more comfortable for pedestrians and other non-motorized modes. The shorter width reduces crossing distances and the exposure time for people crossing to vehicles and the delay time for cars waiting to proceed at crosswalks. The main constraint on the width of the lanes is the planned future transit service along Market Street. A Chittenden County Transit Authority(CCTA) bus is 8.5 feet wide. Mirrors may add an additional two feet of width for a potential total of 10.5 feet. Currently transit service is every 15 minutes along the Williston/UMall route during peak hours. Due to the limited margin for error on the part of bus drivers and other motorists, 11 feet is the minimum recommended width to accommodate transit. Sidewalks-Walkway preferred accommodation: retail blocks(western end)—9 foot wide walkway on each edge of the right-of-way. Eastern end/wetland blocks —6 foot wide sidewalks on the outer edge of the right of way lane in each direction. The design intent on retail blocks is to provide ample width for passing,meeting and greeting while positioning pedestrian thru-traffic (people) closer to existing and future building storefronts in support of a healthy and sociable retail environment. The design intent on the eastern end/wetland blocks is to provide space for walking,passing, and talking in a more natural, green setting. Sidewalks-Amenity/Landscaping preferred accommodation: retail blocks(western end)—7 foot wide sidewalk/hardscape area. Eastern end/wetland blocks—8-10 foot landscaped strip. The design intent in retail blocks is to create a flexible pedestrian space that extends the sidewalk and which adds comfort to the street such as shade in the summer. It can be used for visiting, café seating,resting, meandering, and to offset shoppers from travel lanes. In the retail blocks the bulk of this area will be paved (hardscape) with initially sparse street furniture such as trees, light poles, benches, and bicycle parking. This area is intended to be flexible to accommodate a variety of uses and objects that add identity, character, and interest which in other locations would block the right-of-way. During the materials design phase, landscaping, rain water collection, storage and infiltration in this area may also be explored. Over the lifetime of the street, this area may become permanently and temporarily furnished with café seating, a-frame signs, plantings, exhibitions, and kiosks among other items. In the eastern/wetland blocks the design intent is to create a landscape buffer planted with trees that soften the right-of-way and capture and store rain water running off adjacent paved surfaces. Parking preferred accommodation: retail blocks(western end)—8 foot wide parking lane between the curb and the travel lane, both sides. Eastern end/wetland blocks—8 foot wide parking lane between the curb and south travel lane. The design intent is to create a physical buffer between vehicles traveling on Market Street and pedestrians, bicyclists and other non-motorists; allow visitors, shoppers and others to park their cars close to their destination; and to slow traffic by creating"friction" (parked cars and cars pulling into parking spots). This parking lane is a shared vehicle/pedestrian space. As such,the eight foot width will accommodate a person standing beside their car. Shared use path preferred accommodation -retail blocks(western end)—8 foot wide shared direction path at grade with the sidewalk, on one side only between the site furniture zone and the curb. Eastern end/wetland blocks—between landscaped strips, a 10-foot wide bi-directional path on one side only. The design intent on retail blocks is to accommodate directional modes such as bicycles at slow speeds. By placing the shared use path at grade with the streetscape,this area may be used as a sidewalk spillover or seating area during festivals and other events which draw many pedestrians. This pathway is an additional buffer that places pedestrians further from on-street traffic. This pathway will connect to the shared use path on Dorset Street(also at grade with the sidewalk) and extends the City's overall system. On the eastern end/wetland blocks, the design intent is a relaxed bicycling, skating, and scootering facility lined by trees on both sides. Bump outs. Bump outs do not have a preferred typical width but can extend the safe,walkable area into parking lanes as they are generally curbed and at grade with the sidewalk. The design intent is to narrow the roadway crossing distance and calm traffic. Bump-outs will be located with adjacent to intersection and mid-block crosswalks. The Form Based Codes recommended intersections are every 200-400 feet through the retail block section. 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I . ir, ,,,, , , , , N , .16.,_..,. .„.. , _ . , - , \ Dj1', . , , \\��000„iv .�_® ,,,z-, ... . ,, ‘ili Z i 0 41,IE, i---„ Illinag 4,,,:\ � a. .� CO R-2013- RESOLUTION A RESOLUTION APPROVING THE MARKET STREET RECONSTRUCTION PROJECT PREFERRED CROSS SECTIONS AND POTENTIAL CROSS STREET LOCATIONS WHEREAS, in 2004 and 2005 the City of South Burlington was awarded Federal funding to reconstruct Market Street,in 2010 the Environmental Assessment was accepted,and in 2012 the City committed to completing the roadway reconstruction project or returning funds expended to date;and, WHEREAS,extensive outreach has been conducted with broad participation from the public— including three workshops,two public displays, and online updates—resulting in hundreds of comments from diverse stakeholders; and, WHEREAS,Market Street is envisioned as an active street that serves a cross section of residents and visitors with the western end supporting retail establishments and the eastern end supporting lower intensity uses in proximity to environmentally sensitive wetlands;and, WHEREAS,the Vermont Agency of Transportation,as administrator of the Federal funds,retains final review authority of the design, WHEREAS,the State of Vermont has a Complete Streets law that requires consideration of all users and modes of travel, WHEREAS,the Form Based Codes Committee has made a formal recommendation regarding the location of potential future cross streets. NOW, THEREFORE, BE IT RESOLVED that the South Burlington City Council hereby approves the Market Street preferred cross sections and potential cross street locations as follows: 1. Retail Block Preferred Cross Section: Two 16-foot wide sidewalks including the site furniture zone, one eight-foot wide shared use path at grade with the sidewalk, offset two feet from the south curb,two eight-foot wide parking lanes and two 11- foot wide travel lanes; and 2. Eastern Block Preferred Cross Section: Two six-foot wide sidewalks and one ten- foot wide bicycle path buffered from the roadway by eight-to ten-foot wide landscape strips, one eight-foot wide parking lane, and two 11-foot wide travel lanes. 3. Potential Cross Street Locations: at Mary Street, at the entrance to the Rick Marcotte Central School, at Street A(approximately 400 feet to the east of the school driveway), and immediately west of the upland and wetland buffer/stormwater ponds associated with Tributary 3. APPROVED this day of April,2013. SOUTH BURLINGTON CITY COUNCIL Pam Mackenzie,Chair Pat Nowak,Vice Chair Chris Shaw,Clerk Rosanne Greco Helen Riehle From: Lisa Ventriss To: SB City Council Interim City Manager Date: March 15, 2013 Re: Draft- Search Committee Process for SB City Manager Listed below is a draft outline of a recommended plan of action to recruit, interview and put forth final candidates for the Council to select from for the next City Manager of South Burlington. Thank you for the opportunity to lead this search. 1. Develop realistic timeline - in consultation with Council and Staff Input- What do we want in a City Manager (use current Job description) Department Heads/Staff Community Representatives VLCT School Board and their leaders Business Community Council 2. Recruitment Search Team - assembled from folks listed above- 5 total? Develop Budget for outreach/Staff/Council Submission criteria (resume, cover letter, references, sent to blind email acct?) Identify outreach targets Formulate advertisement Submit ad and set deadline for response 3. Process Develop interview questions Develop rating criteria Review and filter initial responses Thanks but "no thanks" letters to those who do not fulfill submission criteria Phone interviews Face to Face interviews with Search Team (Background checks start here?) Selected candidates interview with Department heads Staff Community References Final interviews with Council This is a draft process, I will be at the Council meeting 3/18 to discuss any additions, deletions, amendments. Thank you again for the opportunity to work with you. Lisa Ventriss I4 r DRAFT FOR DISCUSSION ONLY : MARCH 29 , 2013 CITY OF SOUTH BURLINGTON POLICY REGARDING ACCESS TO PUBLIC RECORDS Custodians of public records in the City of South Burlington shall allow public access to records under their control in accordance with the Vermont Public Records Act ( "Act" herein) , 1 V. S .A. Sections 315-318 . For purposes of the Act , each City department head shall be deemed the custodian of records maintained by their department regardless of which City department created the record. The office of the city manager shall be deemed a city department. Custodians of public records shall allow the inspection and copying of public records during the normal business hours of the department , subject to such reasonable rules and procedures which they establish to maintain the integrity and security of the records under their control and minimize disruption of department operations . Those requesting copies of records shall generally be provided "paper" copies and shall be charged the per page rate established by the Office of the Vermont Secretary of State . Requests for copies in a medium other than paper shall be addressed in accordance with the Act . If the time required to locate and/or copy a public record exceeds thirty minutes of City staff time, custodians shall have discretion to charge for such time at the rate established by the Office of the Vermont Secretary of State . If the time required to locate and/or copy a public record exceeds one hour of City staff time, custodians shall charge for such time at the rate established by the Office of the Vermont Secretary of State . Matters not addressed in this policy shall be handled in the manner required by the Act . In the event of a conflict between any provision of this policy and the Act, the Act shall control . This policy shall be conspicuously posted in each City department . south 1. PLANNING & ZONING MEMORANDUM. TO: South Burlington Interim City Manager FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Claire Solar Project Update and Hearing Schedule DATE: March 26, 2013 City Council meeting This morning the Public Service Board (PSB) set its initial schedule of review of the Claire Solar Partners proposed "solar farm" at 1545 Hinesburg Road. Key dates are: April 24th: PSB Public Hearing and Site Visit (time and location TBD) May 1st: Deadline for parties — including the City of South Burlington - to file for Intervenor Status Background: Claire Solar Partners has proposed a 2.2 megawatt "solar farm" consisting of—350 solar trackers at 1545 Hinesburg Road, to the west of the existing apple orchard on the property. As the project is connecting to the electrical grid, it is reviewed by the Public Service Board and is exempt from local zoning and subdivision regulations. The project is similar in scale to the existing "solar farm" off Dubois Drive, with the exception that no perimeter fence is proposed. Last fall, the South Burlington Planning Commission held a public hearing on the proposed project, pursuant to State Law, based upon a pre-application submittal. At the time, the project did include a fence. The Planning Commission provided a letter of input as allowed under State Law, to the PSB and applicant. The applicant filed its full application in early February. Along with their submittal was a letter to the Planning Commission, which indicates how the applicant has addressed some of the concerns raised. Actions & Options: The City Council has several options for how to proceed regarding this project: 1. The Council may file for "party status." This officially puts the City on the mailing list of all exhibits, etc. There is no committeemen with such a filing. 2. The Council may file for"Intervenor Status." Assuming the request is approved, this allows the city to be a full participant along with other parties that may (and likely will) 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com choose to provide testimony, including the Department of Public Service, Agency of Natural Resources, Agency of Agriculture, and Applicant. This would likely involve the preparation and review of testimony, stipulations to testimony, and/or legal filings by the City Attorney. The parties this morning agreed that should the Council wish to submit a motion earlier than May 1st, that responses by other parties would be complete within a week of that time, and the PSB would then rule. 3. As an alternative or supplement to "Intervenor Status", the Council may appoint a designee to participate in the April 24th public hearing, providing input to the hearing office at that time. 4. In speaking with the applicants, they have offered to attend and participate in a presentation and discussion with the City Council, outside of the official PSB process. A possible date for this would be the April 15th Council meeting, giving the Council background on the project and time to determine whether to file for Intervenor Status. Attachments: 1. Applicant Letter to Planning Commission and project summary 2. Planning Commission Input letter 2 tom ' �•"l M I LLAST Z , / s*' d Y' y sa ,^, Lttd r.,., . , � -• ;,a r'a -:- H �. -` ",y,,: ;;''% 'Sd ,` ,cif 5 ",R • • `' `,,,• F', fix' - ,,,,;C"444'.• is I, •-- rW„. ;,,,', . �; T, ;'''ram' •;7;,i 1. ` ' ;rKYfdXfXS;;',,,`,� &` s 53;" ' ;§ l%c r/„r;. „ry Mq° ,'E,•,•- i,,^E,s ",°" ."^�.:',Ha``�',' a''N - i t P- w u=- ,, .- .. *."4.,., ,,4?.7>,sut�.„, .;,y•"• 'sir '4r ,'.;a...r,,,,'>'�`r.'. 'A ; ,� , aa'e'':a. 'ai " 4 E_P.4$"E • a^ems y:• . . r •,§; 1 ^a`` .. 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L -1' `�" January 31,2013 South Burlington Planning Commission South Burlington Natural Resources Committee South Burlington Land Trust c/o Paul Conner,AICP Director of Planning&Zoning 575 Dorset Street South Burlington,VT 05403 Re: Claire Solar Partners,LLC proposed solar electric generation facility at 1545 Hinesburg Road,South Burlington,Vermont Dear Members of the South Burlington Planning Commission,Natural Resources Committee,and South Burlington Land Trust Board: Claire Solar Partners,LLC appreciates the concerns you have expressed about our proposed solar electric generation facility. The Planning Commission's concerns were detailed in a letter dated September 20,2012. The City also forwarded comments from the South Burlington Natural Resources Committee and the South Burlington Land Trust. The central concern identified by all was the Project's potential impact on a wildlife corridor. We take your concerns very seriously and have consulted with experts about them. We worked with Jeff Parsons of Arrowwood Environmental and Mike Buscher of T.J. Boyle and Associates. \Ve also discussed the Project with the Vermont Audubon Society. Our conversations led to changes to the Project that we are confident-will preserve and protect the wildlife corridor. We hope these changes will satisfy your concerns. We first asked Mike Buscher to develop a robust plan of native vegetation that would improve areas for wildlife passage in and around the Project. Please see the attached rendering and planting details from T.J.Boyle and Associates. Mr. Buscher has proposed vegetative buffers on the north,south, and western sides of the arrays. Most importantly for the wildlife corridor, the plan proposes to augment vegetation on both sides of the wetland. We then asked Jeff Parsons to review Mr. Buscher's proposal and offer his opinion about the Project's impact on the wildlife corridor. Mr. Parsons agreed with the robust planting plan proposed by Mr. Buscher,and Claire Solar has adopted it. Mr. Parsons also explained that the proposed fence surrounding the array should be eliminated,in order to allow free passage of wildlife to continue. Claire Solar agreed to remove the fence. Mr. Parsons then concluded that the project would not adversely impact the wildlife corridor,based on a number of factors in addition to the planting and the removal of the fence: The Project is to be sited largely in the center of the parcel,leaving the wetland,wetland buffer,and wildlife corridor largely preserved;the land underneath the solar trackers will be allowed to re-vegetate naturally after the project is installed;the solar trackers will be quiet at night;hutnan presence will be scarce after construction;and no new roads will be created within the array. Please see the attached Memorandum from•Jeff Parsons. The Project will result in better cover for wildlife movement than does the current agricultural use. \Ve sincerely hope that these measures satisfy your concerns about the wildlife buffer. Please let us know if you have any questions. We intend to file a Petition for a Certificate of Public Good in the near future that incorporates these changes to the Project, but look forward to continuing this conversation with you as well. Sincerely, Patrick Michael Claire Solar Partners,LLC End. 4840-7227-5474,v. I 2 0160, 011 south PLANNING & ZONING September 20, 2012 Sue Hudson, Clerk Vermont Public Service Board • 112 State Street Montpelier, VT 05620-2701 Claire Solar Partners, LLC c/o Downs Rachlin Martin, PLLC Courthouse Plaza, 199 Main Street, PO Box 190 Burlington, VT 05402-0190 Re: Comments re: Claire Solar Partners pre-application for 350-375 pole mounted solar arrays, 1545 Hinesburg Road, South Burlington Dear Ms. Hudson&Representatives of Claire Solar Partners, LLC, In August the City of South Burlington received a 45-day pre-application notification of a proposed Certificate of Public Good from PSB for a pole-mounted photovoltaic installation at 1545 Hinesburg Road. Pursuant to 30 VSA §248(f), the City's Planning Commission held a public hearing and met with the applicant on September 11th. The hearing was announced in the local newspaper and posted in four places in the municipality. Following this hearing, the Planning Commission voted to submit the following comments to the applicant and Public Service Board in accordance with 30 VSA §248 (b)(1) in advance of the required timeline. On September 17, 2012, the Planning Commission voted to submit a letter with the following general comments towards the project: 1. OVERALL SUITABILITY OF LOCATION OF PROPOSED SOLAR FARM It is the Planning Commission's position that the proposed project is not consistent with the city's policies for land development in this area and therefore does not support the proposal at this time. Specifically, the use of all or part of this parcel for large-scale, intensive solar tracker installation is not compatible with the city's land use policies for this area. The Commission bases its position on policies within the South Burlington Comprehensive Plan and Land Development Regulations: 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com A. Comprehensive Plan (i) Southeast Quadrant Planning Area The property is located within the City's Southeast Quadrant(SEQ)planning area,an area which includes the largest concentration of natural resource and open space lands.The SEQ has the following as its goal statement: It is a goal of this City to support a planned strategy for land conservation and neighborhood development in the Southeast Quadrant that preserves areas of ecological significance, creates a cohesive and publicly accessible open space system, and encourages neighborhood development patterns, including street systems, that create walkable neighborhoods, a range of housing choices, and a strong sense of place. It is a further goal of this City to create a small, appropriately-scaled and designed neighborhood service center in the SEQ, and a circulation system that balances automobile transportation with bicycle,pedestrian and transit modes in a safe, integrated system. (Comprehensive Plan, p. 54) The Southeast Quadrant(SEQ) is marked by the presence of three (3) distinct north-south wildlife corridors, of which the subject property is located within the central one. The natural resources setting of this part of the City is described as follows: The SEQ's natural resources are among the City's finest environmental assets. Marked by a pair of distinct north-south ridges between Spear and Dorset Streets, and between Dorset Street and Hinesburg Road, the SEQ also contains the headwaters of Shelburne Pond, Monroe Brook, Bartlett Brook and Potash Brook, and a large swath of the Muddy Brook basin. These resources,particularly the natural communities, were documented in the 2004 report "Wildlife and Natural Communities Assessment of the Southeast Quadrant, South Burlington, Vermont"by Arrowwood Environmental(the "SEQ Assessment'). (Comprehensive Plan p.55) To promote the continued existence of these resources, the Plan includes the following relevant goals for the Southeast Quadrant Planning Area: 1. Preserve areas of Ecological Significance as identified in the SEQ Concept Plan 2. Create a cohesive open space system, including substantial areas and resources with public access, serving multiple objectives: 3. Protect land for wildlife habitat and a network of open lands, both public and private; 4. Protect environmentally sensitive lands as identified in the SEQ Concept Plan; 5. Maintain opportunities for traditional and emerging forms of agriculture that can be complementary with a growing city, and help support continued productivity of South Burlington's lands; (Comprehensive Plan p.74) Page 2 (ii) Plan Specific to the Subject Parcel The property in question is located within and adjacent to an identified wildlife corridor within the South Burlington Comprehensive Plan and its supporting documentation, including the Wildlife and Natural Communities Assessment of the Southeast Quadrant, South Burlington, Vermont completed by Arrowwood Environmental in 2005 and South Burlington Open Space Strategy, completed by TJ Boyle and Associates in 2002. Specifically, the western half of the subject property is located with the"Golf course woodlands, wetlands, and fields"area of the Assessment and within conservation"Area" #12 of the Strategy. Based on these studies, the Comprehensive Plan includes the following among its implementation recommendations: Ecology and Environment. 7.4 Adopt measures in the LDRs and SEQ zoning map to ensure that open spaces in all developments affecting secondary natural areas be designed in a manner to ensure continued connectivity between other open spaces and the preservation of"stepping stone"or other pockets of important wildlife habitat. (Comprehensive Plan p.79) B. Land Development Regulations The property in question is located entirely within the Southeast Quadrant (SEQ)Zoning District, and more specifically, within the SEQ-Natural Resources Protection(SEQ-NRP) zoning sub-district (See attached zoning map). (i) Southeast Quadrant Zoning District: The overall Southeast Quadrant zoning district, and its five sub-districts, are intended to implement the goals and objectives of the Comprehensive Plan. The Southeast Quadrant Zoning District includes the following as its purpose statement: 9.01 Purpose A Southeast Quadrant District(SEQ) is hereby formed in order to encourage open space preservation, scenic view and natural resource protection, wildlife habitat preservation, continued agriculture, and well planned residential use in the area of the City known as the Southeast Quadrant. The natural features, visual character and scenic views offered in this area have long been recognized as very special and unique resources in the City and worthy of protection. The design and layout of buildings and lots in a manner that in the judgment of the Development Review Board will best create neighborhoods and a related network of open spaces consistent with the Comprehensive Plan for the Southeast Quadrant shall be encouraged Any uses not expressly permitted are hereby prohibited, except those which are allowed as conditional uses. (Land Development Regulations, 9- 1). As noted above,this zoning district includes five (5) subdistricts. These sub-districts are intended to function in a complementary manner, with approximately half of the land located within the Natural Resources Protection(SEQ-NRP) subdistrict, intended to focus on the open space, scenic view, agricultural, and natural resource features of the Page 3 overall district, and the remaining half in four other subdistricts intended to support well- planned residential uses within the Quadrant. (ii) SEQ-Natural Resources Protection Sub-District The subject property is located almost entirely within the SEQ-Natural Resources Protection subdistrict, with only the northeast corner located in a development subdistrict intended for well-planned neighborhoods. The SEQ-Natural Resources Protection sub-district permits only extremely limited development aside from agriculture and forestry practices, and prohibits the majority of such development where properties have been subdivided since 1992 (See Article IX of the LDRs). The subject parcel was subdivided in 1996. Also of note is the presence of a wetland complex on the western portion of the property that serves as part of the reason for the zoning designation as well as having its own standards for setbacks of wetlands(50 feet for Class II and Class II) and streams (100 feet for permanent streams). Therefore, while the proposed project is clearly exempt from local regulation in accordance with 24 VSA §4413, the proposed intensive, large-scale solar tracker development at this location is not consistent with the municipal policy for development in this area. C. Interim Zoning Bylaw In February 2012, the City Council adopted an Interim Zoning Bylaw that prohibits certain types of development, including subdivisions, new planned unit developments and site plans, and significant expansions of existing structures across many zoning districts in the city, including the Natural Resource Protection District.The purposes of the Bylaw are to provide the City with the time to address certain key issues related to land development, notably Open Space, Sustainable Agriculture, Affordable Housing, and the potential use of Form Based Codes. Therefore, while the proposed project is clearly exempt from local regulation in accordance with 24 VSA §4413, the proposed intensive, large-scale solar tracker development at this location may not be consistent with the purposes of this bylaw. D. Proactive Actions Taken by the City to conserve this corridor The City of South Burlington has been active in its efforts to retain this important north- south wildlife and open space corridor. In addition to coordinated land acquisitions to the south in partnership with the Town of Shelburne and Vermont Land Trust,the City is engaged in a longstanding legal settlement that last year resulted in a citizen vote to authorize the City Council to undertake a land swap to take ownership and conserve—21 acres of land in a north-south orientation to the northwest of the subject parcel. Page 4 2. SOLAR POWER GENERATION IN GENERAL The Planning Commission would like to note and state its support for solar power generation, in appropriate locations. We must clearly state that we do not consider this to be an appropriate location. The parcel is almost entirely within our Natural Resources Protection (NRP) sub-district. The intent and goal for this sub-district is to promote open space and agricultural operations. The Commission has reviewed and provided input on multiple applications for solar power generation and has in each case reviewed the projects on their own merits. The Commission has expressed its support through either detailed comments on specific areas of concern, or deciding not to provide input, on applications throughout the city. Comments included herein, therefore, reflect specific concerns raised by this project and this location, and are consistent with the City's general and broad support for solar power generation. Enclosed with this letter from are additional letters of input submitted to the Planning Commission during this time-period. The following is an excerpt from a letter submitted by the chair of the South Burlington Natural Resources Committee, Peter Jones. The Commission firmly supports this position. There is a great need for more solar power generation, but having it installed on our ever decreasing green fields is not the way to go. There are many[commercial and residential] roofs in South Burlington where solar generation can be installed. If this is the way we move forward, as opposed to green field development, then we get a win win situation for everybody involved:green fields preserved AND electricity produced. (letter excerpt, Peter Jones, 17 September 2012. Square brackets added by the Commission). Should you have any questions, please feel free to contact me. Sincerely, /7?"-11 Paul Conner, AICP Director of Planning&Zoning cc: Jeannie McCrumb, Agency of Natural Resources Jessica Louisos, Chair, South Burlington Planning Commission Sandy Miller, City Manager, South Burlington Rosanne Greco, Chair, City Council encl: Area map, developed by City of South Burlington South Burlington Official Zoning Map Letters of input provided to the South Burlington Planning Commission Page 5 , Zoning Map F _ South Burlington, Vermont Effective February 8, 2011ei a f igi*: r i Disclaimer: � The accuracy of information presented is determined by -f o114,":71-1 'k'r < its sources.Errors and omissions may exist. - Questions of on-the-ground location can be resolved q by site inspections and/or surveys by registered surveyor. 4 This map is not sufficient for delineation of features _ t t �� ', on-the-ground.This map identifies the presence of features, and may indicate relationships between features,but is not �. , a replacement for surveyed information or engineering studies. ,t 44/50 Sources: 1 qilkirE tses ,� Zoning boundaries per City Council approvals effective February 8,min. •"•. �. 4 4 • u v eon Parcel boundaries-City of South Burlington. 5 t'\e� `�Ef ;3 I Surface Water-zoo3 1:S000 Vermont Hydrography Dataset,VCGI. _4.11�./i� �, " .. . �,s.. .,,,v i' Note: p ii ``/_ +d', �„e dtmm.. 4 Parcel line data is provided for informational purposes only. At `,/�/l ��. The City reserves the right to update the Official Zoning Map /'� �>e, to with new parcel data as it becomes available. tE ir PP r*'1;ef 'N •i b 4:-.,, ,.....„,, .,,,,... „ a ,,,3 l .� 9 4 vo 7 ! ..► l ,.�� A- Quo 4,...Feet _ .. 4• f rttitili tag �j►�\ d"'A l t-• )�tA „mot x. �{ i+ 1.il>Ara� :71a Alg 4 ir Rt-PRD k ,R .r �.._ 4 q '44, r� s...c linim ., .. ..,,„. : :4,111 Rt� ��g. � t = 0 3Wx. it..,ta{^ tti i, x r g 0r 'w :nI A .. - ; � .� � tom, _ ! YZoning Districts "�.,.. 1 =�.a Residential District •'` '� � 'w.' s ResidentialI .�,� .�,° e j//Residential 1-Lakeview Commercial District - - - _. ' Residential 2 t®Commercial 1-Residential 12 Residential 4 :•:•:•: Commercial 1-Limited Retail Other Districts 1=11 VW Residential 7 Commercial 1-Residential 15 -Municipal some Residential 7- -Commercial 1-Airport <M Neighborhood Commercial -Park&Recreation HES i Residential 12 -Commercial 1-Automobile ® y Institutional&Agricultural-North City boundary -Lakeshore Neighborhood -Commercial 2 Institutional&Agricultural-South ri Taxparcels 1111 Swift Street ,f/Queen City ParkInterstate Highway Overlay �„--- Stream/River 11111 Allen Road Central District Southeast Quadrant Subdistricts i Lakes/Ponds Iltri Central District I Industrial and Airport District - Natural Resource Protection-NRP ►aoo", Ilig -Mixed Industrial&Commerical - Neighborhood Residential-NR Central District 2 g Central District 3 -Airport -Neighborhood Residential-Transition-NR-T Central District 4 FM Airport Industrial - Village Commercial-VC )(�(" Industrial&Open Space - Village Residential-VR Februonj t7,aott September 17,2012 Sent to Paul Conner, Director of Planning&Zoning Re:Solar Project PC meeting&input tonight [received via email] Hi Paul, Thank you for making sure we all knew about the meeting tonight. I may get there at the late end if my previous engagement ends in time. I am disappointed in not being able to be there for both the site visits. Fortunately, I have already visited the Dubois Drive solar farm and have been to the 1545 Hinesburg Road site, as well. But it would be good to hear where the proposed solar farm would be sited, as this could make a real difference, though from studying the plans, it looks like the fence surrounding the solar farm would be the proverbial "cork in the bottle" in terms of the corridor to the North. It looks like Mark will be attending tonight, which is great. Thanks for this Mark. From what I have been able to pick up from the rest of the NRC is that they are not very familiar with the Southeast Quadrant(SEQ)zoning regs, and thus are not in a position to pick up on all of the history of the regs as they stand. What I would say, on behalf of the NRC, if all of the other members agree, is that the NRC embraces solar power development, but not just anywhere. There is a huge need to produce electricity from non-fossil fuel sources, and there is a huge need to be able to make sure that we conserve electricity at the same time. Together,this will reduce our need for burning fossil fuels. There is a great need for more solar power generation, but having it installed on our ever decreasing green fields is not the way to go. There are many roofs in South Burlington where solar generation can be installed. If this is the way we move forward, as opposed to green field development,then we get a win win situation for everybody involved: green fields preserved AND electricity produced. The location of the 1545 Hinesburg Road solar farm proposal is troubling for South Burlington because it will effectively cut off one of the three North-South wildlife corridors in the SEQ (Muddy Brook corridor,the one between Spear and Dorset streets, and this one). The one in question would be blocked by the solar development and nullify one of the powerful reasons for the land swap that was passed in a special election last year by the South Burlington voters. This is also very important for the members of the NRC, as it will see the Wheeler Nature Park effectively become an island in the middle of development. The planned fence around the solar panels would be the last straw. The NRC has worked tirelessly on a management plan for the Wheeler Nature Park over the last three years, and this would have a major impact on what we envisioned for this important South Burlington-owned property. The precedent that would be set by this proposed solar farm development going forward could be catastrophic to the SEQ zoning regs, in that landowners would realize that the best use of their land (and greatest return on investment with programs like SPEED)would be to invest in solar energy generation. Once developers realize that South Burlington does not have the power to refuse a permit for solar farms, due to the Public Service Board having the authority to override local regulations, much of the SEQ could be buried under solar farms. The City is really working hard through its Comprehensive Plan in getting its planning in order to reduce energy demand, as is the South Burlington Energy Committee to reach out to as many property owners as possible to reduce energy consumption. Residents and the South Burlington Administration have worked hard to put workable regulations in place to protect open space within the City's borders. It would be a real shame if, in the end, the City's green fields were overrun by solar panels and trackers. This case could set a real precedent. Roofs are where solar panels belong, and we certainly have enough roofs in this City to generate solar electricity! Unless anybody on the NRC objects, please pass this along to the Planning Commission as the opinion of the NRC. Mark might learn some details that I am not aware of at tonight's meeting. If he does, he is free to add to the discussion. I hope this helps, Paul, and thanks for the opportunity to address this proposed development. If you have any questions, please do not hesitate to contact me. All the best, Peter Jones Chair, Natural Resources Committee September 17, 2012 Sent to Paul Conner, Director of Planning&Zoning Re: Solar Project PC meeting& input tonight [received via email] Hi Paul, I'd like to say that Peter's comments completely represent my feelings about the matter. Thank you, Laurel Williams Members, Natural Resources Committee September 17,2012 Sent to Paul Conner, Director of Planning&Zoning Re: Solar Project PC meeting& input tonight [received via email] Paul, I have read Peter Jones' statement re the proposed solar project. I share his thoughtful view on conservation of energy, loss of green spaces and wildlife corridors. I strongly endorse the perspective he articulates. Sorry I am unable to attend the Solar Project PC meeting and input tonight. Russ Agne September 17,2012 Sent to Paul Conner, Director of Planning&Zoning Re: Solar Project PC meeting& input tonight [received via email] You can sign me onto Peter's statement as well. Pat Clemins (7.4 doh, SO.BURLINGTON LAND TRUST POSITION ON CLAIRE SOLAR PARTNERS PROJECT The SBLT Board has significant concerns about the proposal for a large solar"farm" behind the Chittenden Cider Mill neighborhood,on part of the former Marceau property at 1545 Hinesburg Rd.This parcel of land is zoned NRP(Natural Resource Protection).The purpose of setting aside NRP lands is,just as the title states,to provide a safe zone for the protection of natural resources(wildlife corridors and habitat, unimpeded waterways and areas where birds, animals,wildflowers etc. may thrive). While the SBLT generally supports solar energy in areas that are not zoned for open space and natural resource protection,development of this scale has no place in the NRP-districts. Industrial-scale, commercial solar(or wind) installations constitute development,just as industrial buildings or housing would. The fencing that would surround the 350+solar trackers would dramatically and significantly impede the existing wildlife corridor. This Planning Commission has just recently successfully worked with a neighboring developer to relocate some homes to protect the wildlife corridor directly adjacent to this area. Permitting this industrial-scale solar farm to proceed would contradict this action and the legislative intent of the South Burlington City Council when it enacted the NRP zoning. Furthermore, as past Planning Commissions and City Consultants have recognized,there is aesthetic value to this land, which enjoys unparalleled views, especially to the west and from nearby neighborhoods. We ask(implore)the So. Burlington Planning Commission and the City Council to enact a new LDR provision at their earliest opportunity to prohibit industrial-scale solar and wind installation in NRP- zoned areas.The provision should exclude homeowners and working farms in NRP areas,which may have these installations for their own use. If there are any incentives or encouragements which may be given by the City to encourage the siting of solar panels on existing commercial/industrial buildings, these should be pursued. For example, a great number of solar panels could be installed on all those flat-roofed buildings off Hinesburg Rd., at Tech Park and other locations around the city.There they sit in the broad sun, unimpeded by vegetation and solar energy production could be available for an income for local businesses or for their internal use.All new construction in So. Burlington should be sited and built to maximize solar energy capture.The LDR's should be reviewed and updated to stress this. Thank you for considering our thoughts. Board Members of the So. Burlington Land Trust • 4 obtrcatat 16111111 southburlington PLANNING & ZONING September 20, 2012 Sue Hudson, Clerk Vermont Public Service Board 112 State Street Montpelier, VT 05620-2701 Claire Solar Partners, LLC c/o Downs Rachlin Martin, PLLC Courthouse Plaza, 199 Main Street, PO Box 190 Burlington, VT 05402-0190 Re: Comments re: Claire Solar Partners pre-application for 350-375 pole mounted solar arrays, 1545 Hinesburg Road, South Burlington Dear Ms. Hudson &Representatives of Claire Solar Partners, LLC, In August the City of South Burlington received a 45-day pre-application notification of a proposed Certificate of Public Good from PSB for a pole-mounted photovoltaic installation at 1545 Hinesburg Road. Pursuant to 30 VSA §248(f), the City's Planning Commission held a public hearing and met with the applicant on September 11th. The hearing was announced in the local newspaper and posted in four places in the municipality. Following this hearing, the Planning Commission voted to submit the following comments to the applicant and Public Service Board in accordance with 30 VSA §248 (b)(1) in advance of the required timeline. On September 17, 2012, the Planning Commission voted to submit a letter with the following general comments towards the project: 1. OVERALL SUITABILITY OF LOCATION OF PROPOSED SOLAR FARM It is the Planning Commission's position that the proposed project is not consistent with the city's policies for land development in this area and therefore does not support the proposal at this time. Specifically, the use of all or part of this parcel for large-scale, intensive solar tracker installation is not compatible with the city's land use policies for this area. The Commission bases its position on policies within the South Burlington Comprehensive Plan and Land Development Regulations: 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com A. Comprehensive Plan (i) Southeast Quadrant Planning Area The property is located within the City's Southeast Quadrant(SEQ)planning area,an area which includes the largest concentration of natural resource and open space lands.The SEQ has the following as its goal statement: It is a goal of this City to support a planned strategy for land conservation and neighborhood development in the Southeast Quadrant that preserves areas of ecological significance, creates a cohesive and publicly accessible open space system, and encourages neighborhood development patterns, including street systems, that create walkable neighborhoods, a range of housing choices, and a strong sense of place. It is a further goal of this City to create a small, appropriately-scaled and designed neighborhood service center in the SEQ, and a circulation system that balances automobile transportation with bicycle,pedestrian and transit modes in a safe, integrated system. (Comprehensive Plan, p. 54) The Southeast Quadrant(SEQ) is marked by the presence of three (3) distinct north-south wildlife corridors, of which the subject property is located within the central one. The natural resources setting of this part of the City is described as follows: The SEQ's natural resources are among the City's finest environmental assets. Marked by a pair of distinct north-south ridges between Spear and Dorset Streets, and between Dorset Street and Hinesburg Road, the SEQ also contains the headwaters of Shelburne Pond, Monroe Brook, Bartlett Brook and Potash Brook, and a large swath of the Muddy Brook basin. These resources,particularly the natural communities, were documented in the 2004 report "Wildlife and Natural Communities Assessment of the Southeast Quadrant, South Burlington, Vermont"by Arrowwood Environmental(the "SEQ Assessment'). (Comprehensive Plan p.55) To promote the continued existence of these resources, the Plan includes the following relevant goals for the Southeast Quadrant Planning Area: 1. Preserve areas of Ecological Significance as identified in the SEQ Concept Plan 2. Create a cohesive open space system, including substantial areas and resources with public access, serving multiple objectives: 3. Protect land for wildlife habitat and a network of open lands, both public and private; 4. Protect environmentally sensitive lands as identified in the SEQ Concept Plan; 5. Maintain opportunities for traditional and emerging forms of agriculture that can be complementary with a growing city, and help support continued productivity of South Burlington's lands; (Comprehensive Plan p.74) Page 2 (ii) Plan Specific to the Subject Parcel The property in question is located within and adjacent to an identified wildlife corridor within the South Burlington Comprehensive Plan and its supporting documentation, including the Wildlife and Natural Communities Assessment of the Southeast Quadrant, South Burlington, Vermont completed by Arrowwood Environmental in 2005 and South Burlington Open Space Strategy,completed by TJ Boyle and Associates in 2002. Specifically, the western half of the subject property is located with the"Golf course woodlands, wetlands, and fields"area of the Assessment and within conservation"Area" #12 of the Strategy. Based on these studies, the Comprehensive Plan includes the following among its implementation recommendations: Ecology and Environment. 7.4 Adopt measures in the LDRs and SEQ zoning map to ensure that open spaces in all developments affecting secondary natural areas be designed in a manner to ensure continued connectivity between other open spaces and the preservation of"stepping stone"or other pockets of important wildlife habitat. (Comprehensive Plan p.79) B. Land Development Regulations The property in question is located entirely within the Southeast Quadrant (SEQ)Zoning District, and more specifically, within the SEQ-Natural Resources Protection(SEQ-NRP) zoning sub-district (See attached zoning map). ji) Southeast Quadrant Zoning District: The overall Southeast Quadrant zoning district, and its five sub-districts, are intended to implement the goals and objectives of the Comprehensive Plan. The Southeast Quadrant Zoning District includes the following as its purpose statement: 9.01 Purpose A Southeast Quadrant District (SEQ) is hereby formed in order to encourage open space preservation, scenic view and natural resource protection, wildlife habitat preservation, continued agriculture, and well planned residential use in the area of the City known as the Southeast Quadrant. The natural features, visual character and scenic views offered in this area have long been recognized as very special and unique resources in the City and worthy of protection. The design and layout of buildings and lots in a manner that in the judgment of the Development Review Board will best create neighborhoods and a related network of open spaces consistent with the Comprehensive Plan for the Southeast Quadrant shall be encouraged. Any uses not expressly permitted are hereby prohibited, except those which are allowed as conditional uses. (Land Development Regulations, 9- 1). As noted above,this zoning district includes five (5) subdistricts. These sub-districts are intended to function in a complementary manner, with approximately half of the land located within the Natural Resources Protection(SEQ-NRP) subdistrict, intended to focus on the open space, scenic view, agricultural, and natural resource features of the Page 3 overall district, and the remaining half in four other subdistricts intended to support well- planned residential uses within the Quadrant. (ij) SEQ-Natural Resources Protection Sub-District The subject property is located almost entirely within the SEQ-Natural Resources Protection subdistrict, with only the northeast corner located in a development subdistrict intended for well-planned neighborhoods. The SEQ-Natural Resources Protection sub-district permits only extremely limited development aside from agriculture and forestry practices, and prohibits the majority of such development where properties have been subdivided since 1992 (See Article IX of the LDRs). The subject parcel was subdivided in 1996. Also of note is the presence of a wetland complex on the western portion of the property that serves as part of the reason for the zoning designation as well as having its own standards for setbacks of wetlands(50 feet for Class II and Class II) and streams(100 feet for permanent streams). Therefore, while the proposed project is clearly exempt from local regulation in accordance with 24 VSA §4413,the proposed intensive, large-scale solar tracker development at this location is not consistent with the municipal policy for development in this area. C. Interim Zoning Bylaw In February 2012, the City Council adopted an Interim Zoning Bylaw that prohibits certain types of development, including subdivisions, new planned unit developments and site plans, and significant expansions of existing structures across many zoning districts in the city, including the Natural Resource Protection District. The purposes of the Bylaw are to provide the City with the time to address certain key issues related to land development, notably Open Space, Sustainable Agriculture, Affordable Housing, and the potential use of Form Based Codes. Therefore, while the proposed project is clearly exempt from local regulation in accordance with 24 VSA §4413, the proposed intensive, large-scale solar tracker development at this location may not be consistent with the purposes of this bylaw. D. Proactive Actions Taken by the City to conserve this corridor The City of South Burlington has been active in its efforts to retain this important north- south wildlife and open space corridor. In addition to coordinated land acquisitions to the south in partnership with the Town of Shelburne and Vermont Land Trust,the City is engaged in a longstanding legal settlement that last year resulted in a citizen vote to authorize the City Council to undertake a land swap to take ownership and conserve- 21 acres of land in a north-south orientation to the northwest of the subject parcel. Page 4 2. SOLAR POWER GENERATION IN GENERAL The Planning Commission would like to note and state its support for solar power generation, in appropriate locations. We must clearly state that we do not consider this to be an appropriate location. The parcel is almost entirely within our Natural Resources Protection (NRP) sub-district. The intent and goal for this sub-district is to promote open space and agricultural operations. The Commission has reviewed and provided input on multiple applications for solar power generation and has in each case reviewed the projects on their own merits. The Commission has expressed its support through either detailed comments on specific areas of concern, or deciding not to provide input, on applications throughout the city. Comments included herein, therefore, reflect specific concerns raised by this project and this location, and are consistent with the City's general and broad support for solar power generation. Enclosed with this letter from are additional letters of input submitted to the Planning Commission during this time-period. The following is an excerpt from a letter submitted by the chair of the South Burlington Natural Resources Committee, Peter Jones. The Commission firmly supports this position. There is a great need for more solar power generation, but having it installed on our ever decreasing green fields is not the way to go. There are many[commercial and residential] roofs in South Burlington where solar generation can be installed. If this is the way we move forward, as opposed to green field development, then we get a win win situation for everybody involved:green fields preserved AND electricity produced. (letter excerpt,Peter Jones, 17 September 2012. Square brackets added by the Commission). Should you have any questions, please feel free to contact me. Sincerely, /F1,1,4 Paul Conner, AICP Director of Planning&Zoning cc: Jeannie McCrumb, Agency of Natural Resources Jessica Louisos, Chair, South Burlington Planning Commission Sandy Miller, City Manager, South Burlington Rosanne Greco, Chair, City Council encl: Area map, developed by City of South Burlington South Burlington Official Zoning Map Letters of input provided to the South Burlington Planning Commission Page 5 ., -x - < gf »xw '.�.; r He,.H ;g• ^�u. ,' ' `_"" z • yr' „ F S N ' \: R Yam' :' 4 _ ., Fes- vii- .` 3. M '. "y i,"'' ,' y «, ,, '`.:x' .- •`V,,,%,a —, :t hy' - 4 i"0,1," •'" " 0,-„,', * ` '0,14,0 "4".'.''.=416v "s t*,- -.6-:-.24+, '',.....1 ,!,,,.., ''',,,,tr==='.„"/ ' "',.'*":14-:".. 'iv-- =. .Ab < �- rt ' 1, :g. ' -. ,a ' B'42•S 12 \ t, � : !rf -0?1. „. `. ,ztrz a ';• ` zok. y i ,.. ;mi =« _ .. �_" lt: d• ;y'� R , '" • ! - " '=. 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'` ! by site inspections and/or surveys by registered surveyor. w; a This map is not sufficient for delineation of features .� " - ; "x �,;� �? on-the-ground.This map identifies the presence of features, . .�,., and may indicate relationships between features,but is not , `-?, '' a replacement for surveyed information or engineering studies. 4,,,�. - ;+Sources: W41. -` a.'Zoning boundaries per City Council approvals effective February 8,2n11. �, .�13 zou Parcel boundaries.-City of South Burlington. g a Surface Water-zoo3 t:5000 Vermont Hydrography Dataset,VCGI. . t, ,11 "�` t_allote: y � _ � 70tte •r��, �(et y � __ w ,'4R-.Pal line data is provided for informational purposes onl. 11 "!! 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AI� V r` _ 7 z Commercial District {- -- Ef _._,4 Residential 1-Lakeview1771 a, :: :I Residential 2 Commercial 1-Residential 12 Residential 4 Commercial 1-Limited Retail Other Districts "x a Residential 7 !!!! Commercial 1-Residential 15 1111.Municipal iziliio.+1. Residential 7- Commercial 1-Ai -Park&Recreation piii Neighborhood Commercial Residential 12 -Commercial 1-Automobile ®institutional&Agricultural-North IV City boundary �1,o*.1/ Lakeshore Neighborhood - Commercial 2 ._,.:�."-,-:'` Institutional&Agricultural-South Tax parcels /i'✓Queen City Park ID Swift Street Interstate Highway Overlay Nti.-- Stream/River Allen Road Southeast Quadrant Subdistricts S Lakes/Ponds Central District Pk Central District 1 Industrial and Airport District - Natural Resource Protection-NRP -Mixed Industrial&Commerical SIN NeighborhoodResidential-NE ®Central District 2 MECentral District 3 -Airport ®Neighborhood Residential-Transition-NR-T __� Central District 4 Airport Industrial - Village Commercial-VC ,,,,-}c- Industrial&Open Space - Village Residential-VR February i�,xo» September 17,2012 Sent to Paul Conner, Director of Planning&Zoning Re: Solar Project PC meeting& input tonight [received via email] Hi Paul, Thank you for making sure we all knew about the meeting tonight. I may get there at the late end if my previous engagement ends in time. I am disappointed in not being able to be there for both the site visits. Fortunately, I have already visited the Dubois Drive solar farm and have been to the 1545 Hinesburg Road site, as well. But it would be good to hear where the proposed solar farm would be sited, as this could make a real difference, though from studying the plans, it looks like the fence surrounding the solar farm would be the proverbial "cork in the bottle" in terms of the corridor to the North. It looks like Mark will be attending tonight, which is great. Thanks for this Mark. From what I have been able to pick up from the rest of the NRC is that they are not very familiar with the Southeast Quadrant(SEQ)zoning regs, and thus are not in a position to pick up on all of the history of the regs as they stand. What I would say, on behalf of the NRC, if all of the other members agree, is that the NRC embraces solar power development, but not just anywhere. There is a huge need to produce electricity from non-fossil fuel sources, and there is a huge need to be able to make sure that we conserve electricity at the same time. Together,this will reduce our need for burning fossil fuels. There is a great need for more solar power generation, but having it installed on our ever decreasing green fields is not the way to go. There are many roofs in South Burlington where solar generation can be installed. If this is the way we move forward, as opposed to green field development,then we get a win win situation for everybody involved: green fields preserved AND electricity produced. The location of the 1545 Hinesburg Road solar farm proposal is troubling for South Burlington because it will effectively cut off one of the three North-South wildlife corridors in the SEQ (Muddy Brook corridor,the one between Spear and Dorset streets, and this one). The one in question would be blocked by the solar development and nullify one of the powerful reasons for the land swap that was passed in a special election last year by the South Burlington voters. This is also very important for the members of the NRC, as it will see the Wheeler Nature Park effectively become an island in the middle of development. The planned fence around the solar panels would be the last straw. The NRC has worked tirelessly on a management plan for the Wheeler Nature Park over the last three years, and this would have a major impact on what we envisioned for this important South Burlington-owned property. The precedent that would be set by this proposed solar farm development going forward could be catastrophic to the SEQ zoning regs, in that landowners would realize that the best use of their land(and greatest return on investment with programs like SPEED)would be to invest in solar energy generation. Once developers realize that South Burlington does not have the power to refuse a permit for solar farms, due to the Public Service Board having the authority to override local regulations, much of the SEQ could be buried under solar farms. The City is really working hard through its Comprehensive Plan in getting its planning in order to reduce energy demand, as is the South Burlington Energy Committee to reach out to as many property owners as possible to reduce energy consumption. Residents and the South Burlington Administration have worked hard to put workable regulations in place to protect open space within the City's borders. It would be a real shame if, in the end,the City's green fields were overrun by solar panels and trackers. This case could set a real precedent. Roofs are where solar panels belong, and we certainly have enough roofs in this City to generate solar electricity! Unless anybody on the NRC objects, please pass this along to the Planning Commission as the opinion of the NRC. Mark might learn some details that I am not aware of at tonight's meeting. If he does, he is free to add to the discussion. I hope this helps, Paul, and thanks for the opportunity to address this proposed development. If you have any questions, please do not hesitate to contact me. All the best, Peter Jones Chair,Natural Resources Committee September 17,2012 Sent to Paul Conner, Director of Planning&Zoning Re: Solar Project PC meeting& input tonight [received via email] Hi Paul, I'd like to say that Peter's comments completely represent my feelings about the matter.Thank you, Laurel Williams Members, Natural Resources Committee September 17,2012 Sent to Paul Conner, Director of Planning&Zoning Re: Solar Project PC meeting& input tonight [received via email] Paul, I have read Peter Jones' statement re the proposed solar project. I share his thoughtful view on conservation of energy, loss of green spaces and wildlife corridors. I strongly endorse the perspective he articulates. Sorry I am unable to attend the Solar Project PC meeting and input tonight. Russ Agne September 17, 2012 Sent to Paul Conner, Director of Planning&Zoning Re: Solar Project PC meeting& input tonight [received via email] You can sign me onto Peter's statement as well. Pat Clemins SO.BURLINGTON LAND TRUST POSITION ON CLAIRE SOLAR PARTNERS PROJECT The SBLT Board has significant concerns about the proposal for a large solar"farm" behind the Chittenden Cider Mill neighborhood,on part of the former Marceau property at 1545 Hinesburg Rd.This parcel of land is zoned NRP (Natural Resource Protection).The purpose of setting aside NRP lands is,just as the title states,to provide a safe zone for the protection of natural resources(wildlife corridors and habitat, unimpeded waterways and areas where birds,animals,wildflowers etc. may thrive). While the SBLT generally supports solar energy in areas that are not zoned for open space and natural resource protection, development of this scale has no place in the NRP-districts. Industrial-scale, commercial solar(or wind) installations constitute development,just as industrial buildings or housing would. The fencing that would surround the 350+solar trackers would dramatically and significantly impede the existing wildlife corridor. This Planning Commission has just recently successfully worked with a neighboring developer to relocate some homes to protect the wildlife corridor directly adjacent to this area. Permitting this industrial-scale solar farm to proceed would contradict this action and the legislative intent of the South Burlington City Council when it enacted the NRP zoning. Furthermore, as past Planning Commissions and City Consultants have recognized,there is aesthetic value to this land, which enjoys unparalleled views, especially to the west and from nearby neighborhoods. We ask(implore)the So. Burlington Planning Commission and the City Council to enact a new LDR provision at their earliest opportunity to prohibit industrial-scale solar and wind installation in NRP- zoned areas.The provision should exclude homeowners and working farms in NRP areas,which may have these installations for their own use. If there are any incentives or encouragements which may be given by the City to encourage the siting of solar panels on existing commercial/industrial buildings, these should be pursued. For example, a great number of solar panels could be installed on all those flat-roofed buildings off Hinesburg Rd., at Tech Park and other locations around the city.There they sit in the broad sun, unimpeded by vegetation and solar energy production could be available for an income for local businesses or for their internal use.All new construction in So. Burlington should be sited and built to maximize solar energy capture.The LDR's should be reviewed and updated to stress this. Thank you for considering our thoughts. Board Members of the So. Burlington Land Trust • ARROVWVOOD ENVIRONMENTAL 950 BERT WHITE ROAD HUNTINGTON.VT 05462 (802)434.7276 FAX:(802)434-2102 TO: Rebecca Boucher, Dunkiel Saunders Elliott Raubvogel &Hand FROM: Jeffrey Parsons, Consulting Ecologist SUBJECT: Wildlife Corridor at the Claire Solar Partners Facility, South Burlington DATE: January 30,2013 I was retained by Claire Solar Partners, LLC to assess the potential impact of a proposed solar project on a wildlife corridor in South Burlington,Vermont, To do so, I reviewed the project plans of Claire Solar Partners, LLC,and Arrowwood Environmental's previous work regarding wildlife habitat and wildlife corridors in the Southeast Quadrant. I reviewed a September 20, 2012 letter expressing the South Burlington Planning • Commission's concerns about the proposed project. I also conducted a site investigation at the proposed project site on January 21, 2013. I am familiar with the area because of work I performed with Arrowwood Environmental for the City of South Burlington in 2005. The work resulted in a document entitled Wildlife and Natural Communities Assessment of the Southeast Quadrant, South Burlington. As part of that work, we identified three wildlife corridors that run north-to- south in the City; the middle of those three corridors passes, in part, along the west side of the project parcel. It is my opinion that the proposed solar project will not adversely impact the wildlife corridor. This is based on a number of factors. The current condition of the majority of the parcel is a hay/corn field that provides limited cover for wildlife the majority of the year. The wildlife corridor passes along the west side of the parcel,and includes a wetland area and a wetland buffer. The solar project is to be sited largely in the center of the parcel, leaving the wetland, wetland buffer and wildlife corridor largely preserved. The applicant proposes to surround most of the array (the north, west and south sides) with a vegetative buffer. The wildlife corridor is not thickly vegetated,and the applicant plans to supplement that with a robust planting of an array of native species of vegetation that support-wildlife. Underneath the solar array, the applicant plans to allow the land to re-vegetate naturally. All of these steps will provide an equal or greater amount of cover • for wildlife(and wildlife movements) than is presently provided by agricultural use. The applicant has also dropped the initial plans to surround the array with a fence that might inhibit wildlife passage. Although a small number of solar trackers will fall within the wetland buffer,at dusk the trackers will "face up,"parallel to the ground, and remain dormant and quiet until • morning. This is significant because it is likely that wildlife sensitive to the presence of humans and artificial noise, (e.g. bobcat) move through this area during the cover of darkness. After construction, the land under the solar trackers will not be mowed but will instead be allowed to re-vegetate naturally. Also after construction, visits to the project site will be only as needed; project monitoring and operation can and will be conducted remotely. No new roads will be created within the array. The project access route will make use of an existing curbeut, driveway,and dirt track over the adjoining parcel on Hinesburg Road,immediately to the east.The access route may require some improvement, such as the addition of gravel, but the road surface will be allowed to grass over and re-vegetate after construction. 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I i n kt. os . \\ 10, City of out Burlington ao City Clerk's Office Donna Kinville, City Clerk April 1, 2013 The following first class,second class, outside consumption and tobacco licenses were approved by the South Burlington Liquor Control Board after review by the city Police, Fire and Tax departments. Business name Description/License Franny 0's first class/outside consumption/Entertainment The Rotisserie first class Short Stop#104 second class/tobacco Uno's first class Zachary's Pizza first class Shaw's second class Price Chopper#228 second class Koto first class(x 2 new owner-mid year) Jolley #146 second class Grand Buffet first class Waterfront Catering Group first class Leisure World second class Cheese Traders second class U Save Beverage second class Aviation Deli & Fine foods LLC second class/tobacco Mill & Market Deli second class Pam Mackenzie Chair Pat Nowak Vice Chair Chris Shaw Rosanne Greco Helen Riehle 575 Dorset Strut South Burlington,VT 05403 502-846-4105 5kinville©sburi.com o ., southburlingtonn PLANNING & ZONING April 2, 2013 Governor's Commission on Renewable Energy Siting Dear Commissioners, The City of South Burlington has had the opportunity to a d partici 'n several applications for renewable energy facilities over the p few years. Notably, t . y is host to one of the first 2.2 megawatt solar arrays in the State, I small olar sites, and bines. Based on its experience, as well as a review of the draft eport published by the Siting Commission, the South Burlington City Council (Planning Co ion) offers the following recommendations as possible amendme • Vermont's ener ' g laws: 1. Municipal Siting Policy Consideration. 0 t. should in de a provision that states that when there is a valid municipal po y o - - • ewable energy generation facilities, such a po - Id be signific. regarde• he review of applications; 2. "Acceptable ► 'pal Siti olicy" Defini n: 30 VSA§248 should include guidelines for what constitutes . d mu ipal renewabl: ergy siting policy in order for it to be given significant consider. - -• .c. '•n review process. , Such a policy should repr- • •rehe slannin: . - each to accommodating the energy supply needs a •ciated wl omm. 's long range planning development plans As part of this 'vision,technic. istanc. • - eloping and revising such a policy should be made a .le to municip. -s; 3. Thresh. •ased Notif tion and Siting Policy Consideration: 30 VSA §248 should include one or mo •reshot- above which municipalities are notified of pending applications and given th- • nity to comment, and above which a municipal siting policy is given significant cons ration. Such thresholds should be based on a combination of project capacity (Kw) a d project area (acreage affected); 4. Statewide Application Review Criteria: 30 VSA§248 should include statewide criteria for the review of applications. Specifically GIS mapping results (see Options Report) as well as site specific and "corridor" considerations (pertaining to, for example,wildlife habitats) should be included; 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com 5. Expanded Cost-Benefit Analysis Criteria: 30 VSA§248 should include review criteria that consider all costs and benefits of a proposal, including impacts on natural resources as well as the loss of the contribution to addressing climate change and other benefits of the facility if is not approved; and, 6. Simplified Process for Low-impact Projects: 30 VSA§248 should allow for a simplified review process to incentivize projects that are located in desired areas according the valid municipal renewable energy siting policy, have little or no effect •• natural resources, or that serve community planning objectives. This includes instal • at are integrated with compatible site uses, including rooftop solar installati. .nd multiple use multiple objective site designs. Should you have any questions, please feel free to contac S. th Burli . , Department of Planning &Zoning. Thank you for your consideration, Sincerely, South Burlington City Council (Planning Com . cc: Vermont House Commit • al Resource :nd Energy Vermont Senate Corn• •ee on N. al Resources d Energy Representatives Kuser Head gh, and Sena •x Pam Mackenzie, City Coun. ,ai' Bob Rusten, • Man. 2 sant ....._........ ................... V N H V N Resolution to establish the South Burlington Development Review Board as a five (5) member board until further notice WHEREAS, on November 3, 1998, the voters of South Burlington approved a proposed charter change terminating the existence of the Zoning Board of Adjustment and establishing a Development Review Board; and, WHEREAS, during the subsequent Legislative Session, the Charter changes were approved and signed into law; and, WHEREAS, 24 VSA 4460(b) provides, in part, as follows: "If the legislative body of a municipality creates a development review board to perform all development review functions under this chapter, that board shall consist of not fewer than five nor more than nine persons, as the legislative body determines, appointed by the legislative body;" and, WHEREAS, in 1999, the South Burlington City Council appointed seven (7) members to the Development Review Board and has strived to maintain a seven member board since that time; and, WHEREAS, in the winter of 2013, the Development Review Board had one member pass away and one member resign, leaving the Board with five (5) active members; and, WHEREAS, four (4) members of a seven (7) member board are required to constitute a quorum and to exercise joint authority; and, WHEREAS, the City Council is actively seeking qualified candidates to serve on the Development Review Board, with the intent to have a membership of seven (7) persons; and, WHEREAS, the normal functions of the Development Review Board are presently impaired by the four (4)-person quorum and joint authority requirements referenced above; and WHEREAS, the business of the Development Review Board is too important to allow such impairment to exist while the search for qualified candidates for service on the Board continues; NOW, THEREFORE, this day of April 2013, the City Council HEREBY RESOLVES, pursuant to its authority under the Charter and 24 V.S.A. § 4460(b): That until further action is taken by this Council, the City's Development Review Board shall consist of five (5) members. Pam Mackenzie, Chair Pat Nowak, Vice-Chair Chris Shaw, Clerk Helen Riehle Rosanne Greco 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com Resolution for Accessing the Clerk's Office After-Hours WHEREAS,the City of South Burlington recognizes the City Clerk, by state statue, is the official record keeper of the City and also recognizes the importance of the records contained in the clerk's office; and, WHEREAS, the City of South Burlington recognizes the importance of arranging work to be done in the Clerk's office during office hours. However in the event of an emergency it may be necessary for access to the clerk's office after hours and, WHEREAS,the City Clerk's office is an office which both citizens and researchers rely on for the use of the documents contained therein on a daily basis; and Whereas,the Office used by the City Clerk is legally the property of the City of South Burlington; and WHEREAS,the City of South Burlington recognizes that the City Clerk is the one who is responsible for the protection of records contained in the Clerk's Office and that the City of South Burlington is responsible for the actual office area. NOW,THEREFORE, BE IT RESOLVED that the City Council of The City of South Burlington propose that the City Clerk shall be responsible for granting after-hours access, except in an emergency where repairs within the office space need to be made, by passing this resolution. 1) The City Clerk shall be the person responsible for the master key and the locks of the Clerk's office. 2) All City Clerk Office employees will be given keys to the Clerk's Office by the Clerk and they shall not make copies of the keys. This key shall not be borrowed or loaned out by the Clerk's Office Staff. 3) The City Clerk shall provide an "emergency" key whose access shall be controlled by the City Clerk by: a. The City Clerk shall place the key in a lock box which is password protected with a password assigned by the Clerk. This lock box shall have an audit trail which shall be accessible by the Clerk of whom and when the key was accessed. b. Before issuing a passcode, each person must sign an agreement in which they acknowledge the responsibility of using the key. This agreement shall stipulate that they are not to give their passcode out to anyone for use. c. This lockbox shall be purchased and maintained by the City Clerk through the Clerk's special funds. d. The Clerk shall assign a passcode to the City Manager,Assistant City Manager, Fire Chief and Police Chief unless the privilege is abused and it shall then be brought before the City Council. e. In the event of an emergency, the Clerk shall be notified immediately by phone. 4) For any work done at City Hall every attempt shall be made to perform the work during"office hours" and the clerk shall be notified in advance as soon as possible but no later than 24 hours prior to ensure that the office is accessible by the citizens and researchers of the land records. The Clerk shall be notified in advance of any work that is necessary to be performed outside of office hours with at least 24 hour notice. APPROVED this first day of April, 2013. SOUTH BURLINGTON CITY COUNCIL Pam Mackenzie, Chair Pat Nowak,Vice Chair Chris Shaw, Clerk Rosanne Greco Helen Riehle Donna Kinville,City Clerk § 13-301 . Officers; general provisions The officers of the City of South Burlington shall be those provided' by law for towns, except as otherwise provided by this charter. The officers shall have all the powers and duties necessary to carry out the provisions of this charter as well as those provided by law. The offices of fence viewer, weigher of coal , and inspector of lumber shall be abolished. Subsections (1) , (2) and (3) remain unchanged (4) The city clerk shall be elected to a three-year term with , and duties gianted under general State law, iiic ludiiiy appuinLlncnt aid mailaye<<«ni. of all �i.affof the cicrk' s (a) The city council and the city clerk shall, from time to time, agree upon procedures for hiring, disciplining and terminating employees whom the city clerk authorizes to discharge the duties of the city clerk. Such agreement shall control over any other policies or ordinances adopted by the council or any other agreements between the council and other parties . Such agreement may only be changed by mutual agreement of the city council and the city clerk. The—staff of Lhe i ity clerk, if thy qualify, shall Le nmndLeis of the rovisions �Cyaiding hiring, disciplining and firing. (b) The city council and city clerk shall, from time to time, agree upon the space in a city controlled building that will be allocated to the city clerk for the discharge of the city clerk' s duties . The city council and the city clerk shall also agree upon the terms and conditions under which city employees or their designees may access such space when it is not open to the public . Such agreement may only be changed by mutual agreement of the city council and the city clerk. arc clerk' s--of f i'.- ±iicluding uffice hours. LP' Amendment to The City of South Burlington,Vermont Personnel Rules and Regulations,Revised February 2009 It is the understanding of the parties below that, as a result of the City Election held on November 6,2012, the Personnel Policies for the City of South Burlington shall be amended to include the following provisions. These provisions shall apply only to employees in the City Clerk's Office, and shall riot be changed without the approval of the City Clerk. The City Hall and Public Works Employees Association are in agreement that this amendment does not impact the terms and conditions of their Collective Bargaining Agreement and therefore the amendment below is not subject to their approval. Hiring: a. Clerk advertises and directly receives resumes for open position(s). b. Clerk decides whom to interview and shows list to City Manager to review for legal issues(such as discrimination). Copies of all resumes shall be forwarded to the City Manager(or designee)upon request. c. Clerk interviews candidates. d. Clerk discusses recommended candidate(s)with the City Manager and Clerk may arrange an interview between City Manager and candidate If City Manager sees no legal reason not to hire candidate—clerk completes the process through the background checks with the assistance from the city's human resource person If Clerk and City Manager do not agree based on legal reasons, the issue will be brought before the City Council for their decision in executive session.If City Council does not agree with Clerk decision based on legal reasons,the Clerk may choose another candidate from the pool of applicants or re-start the process. Discipline and Discharge a. Prior to suspension or discharge of employee of City Clerk's office,the Clerk shall report to the City Manager and the City Attorney the written proof as to the reasons for the Clerk planning on suspending or terminating the employee. The City Manager if necessary shall review the information submitted to review the legality of the suspension or termination and may ask for the advice of the City Attorney and get a decision to the City Clerk within 2 business days. If City Manager does not respond within two weeks of it being forwarded to him/her,Clerk can institute discipline. The Clerk shall have the authority to place the employee on paid leave up while awaiting the City Manager's response. b. Employee grievances must be filed with the City Clerk and heard only by the City Council who shall review the legality or other issues of substance regarding the discipline. Dated at South Burlington,Vermont this—day of April 2013 Pam Mackenzie,Chair Donna Kinville, City Clerk Pat Nowak,Vice Chair Martha Lyons,President SBCH&PWEA Chris Shaw,Clerk Rosanne Greco Helen Riehle CHITTENDEN COUNTY REGIONAL STORMWATER EDUCATION PROGRAM MEMORANDUM OF UNDERSTANDING FOR THE PERIOD MARCH 10, 2013THROUGH MARCH 9, 2018 This Memorandum of Understanding("MOU")establishes an agreement among the Parties(as specified in Section 1)for a group of Municipal Separate Storm Sewer Systems ("MS4s")to contract to operate a Regional Stormwater Education Program ("Program")that conforms with and satisfies the relevant requirements regarding Minimum Control Measure One ("Public Education and Outreach") of the Phase II NPDES Permit for Program Years 2013--2018), as established in General Permit 3-9014(2012) (MS4 Permit") as continued or renewed by the Vermont Department of Environmental Conservation ("VTDEC"). 1. Parties to the MOU—The parties to this agreement are: a. MS4s—the undersigned municipalities and other entities and any other MS4 that may execute this agreement following approval of that MS4's inclusion as a party to this MOU by a 2/3`ds majority of the voting members of the Steering Committee and b. Lead Agency—the Chittenden County Regional Planning Commission ("CCRPC"),unless a majority of the Steering Committee favors a different lead agency or the CCRPC no longer wishes to act as the Lead Agency. 2. Steering Committee a. Composition—The voting members of the Steering Committee shall consist of one representative from each of the MS4s who are signatory to this Agreement as designated by each MS4. The voting members may, by a 2/3`ds majority vote, invite one or more other organizations to each appoint a representative to serve as a new member, a non-voting member or as an advisory member of the Steering Committee. Such organizations may include, but not be limited to,the Lake Champlain Committee,the Champlain Water District,the Chittenden Solid Waste District, other MS4s,or other municipalities. b. Duties—The voting members of the Steering Committee shall advise the Lead Agency on the development and performance of Program Services and on matters bearing on the administration of this agreement. The Steering Committee will endeavor to meet, quarterly or more often as needed. 3. Lead Agency a. Duties—The Lead Agency will provide Administrative Services in terms of administering this MOU and agreements with contractors(including executing contracts, receiving and disbursing funds, and monitoring the provision of services)on behalf of the MS4s.The Lead Agency shall not provide services related to this program for entities outside of the MS4 signatories. Additional coordination shall be only at the direction of the Steering Committee or its chair. The Lead Agency may also provide ether Non-Administrative services(including, but not limited to, public education and outreach activities, public relations, grant writing,web site editing,etc.)as Regional Stormwater Education Program,MOU,Program Years,2013-2018 directed by the Steering Committee and at a level consistent with each year's Program Budget as described in Section 6.a.The Lead Agency is not a guarantor that services will be performed. b. Compensation—The MS4s agree to compensate the Lead Agency for the actual costs of performing Administrative and Non-Administrative duties defined in Section 3.a.Compensation shall be for hourly wages,appropriate overhead and expenses. Compensation for Administrative Duties shall not exceed ten (10%) percent of the Program Budget as specified in Section 6 without prior approval of a simple majority of the Steering Committee present at the time of the vote or by email response. Personnel costs for Lead Agency staff engaged in Administrative or Non-Administrative Duties shall be calculated at a rate of salary plus fringe. The Lead Agency shall submit invoices no more frequently than monthly. Invoices shall provide a description of work tasks completed by the Lead Agency for that billing period with sufficient detail to the satisfaction of the steering committee. 4. Selection of Contractors—In general,the Steering Committee shall competitively bid for contract(s) for Program Services that collectively satisfy the requirements for Minimum Control Measure One ("Public Education and Outreach")of the Phase II NPDES Permit for Program Years 2013—2018 as established by the MS4 Permit and as defined in Section 5. All contracts shall be awarded based on qualifications, price, and the ability of the entity to provide services that meet the relevant MS4 Permit requirements. However, upon consent of the majority of the voting members of the Steering Committee present,the RSEP may waive the bid process for select contracts. Contracts may be up to 5 years in length and shall include, but not be limited to, language specifying the right of the RSEP to cancel a contract if services are not being adequately provided and language specifying that payments to contractors shall be made only for services rendered. 5. Program Services—The Steering Committee, assisted by the Lead Agency and contractors,will implement a media advertising campaign and provide stormwater education services that satisfy the requirements of Minimum Control Measure One("Public Education and Outreach")of the Phase II NPDES Permit for Program Years 2013—2018), as established by the MS4 Permit, in accordance with Section 5.a.. a. Program Content —The Program Content for each Program Year will be as defined in the Communications Plan for that year as approved by a majority of the Steering Committee.Annual Program elements will include, at a minimum: 1) operation of the Program's website, www.smartwaterways.org or its equivalent,2)the hosting of occasional educational seminars open to the public concerning stormwater pollution prevention and related topics, and 3) advertisements in various media. 6. Program Budget,Costs,and Payments a. Program Budget 1) The annual Program Budget shall consist of the sum of the annual$5,000 payments for a given Program Year made by participating MS4s plus any Public Participation payment as described below in Sections 6b and 6c, respectively. 2) Prior to March 1st of every year,the Steering Committee shall adopt a Program Budget governing expenditures for the subsequent program year. Budget categories shall include, but not be limited to: Lead Agency Administrative Duties, Lead Agency Non-Administrative Duties, Media Advertising Purchases, Media Marketing Consulting Services,and Other Contractual Services. Regional Stormwater Education Program,MOU,Program Years,2013-2018 b. Participating MS4 Maximum Annual Costs and Payments—Except as otherwise provided for in this section or in section 12c, each MS4 that is a party to this MOU shall by July 30 of each program year make a single annual payment of$5,000 to pay for Program Services(as defined in Section 5)and Lead Agency services(as defined in Section-3.a.). In the event that costs are less than anticipated or that grants or other funding sources become available,a majority of the voting members of the Steering Committee may decide to reduce each MS4's payment by an equal amount.The Steering Committee may require additional dues from new members joining after March 9,2013 to help defray program development costs incurred since the Program's inception. c. Public Participation Payments—Any payments made by an MS4(regardless of whether or not the MS4 is a Party to this MOU)to the Lead Agency as a part of compliance with Section 4.2.2.1 of the MS4 Permit(governing payments in lieu of undertaking specific Public Involvement/Participation Activities)shall pay for Program Services as defined in Section 5. d. Other Funds—Any funds made available to the Program other than Participating MS4 Costs and Payments (pursuant to Section 6.b.)or Public Participation Payments (pursuant to Section 6.c.) shall be dedicated to reducing the annual costs of each MS4 participating in the Program,except as a majority of the voting members of the Steering Committee may decide. e. Excess Funds—Any funds remaining at the end of a Program Year, less any earmarked set aside funds(such as survey funds, etc), shall be carried over to the next Program Year, unless a 2/3`ds majority of the voting members of the Steering Committee decides otherwise. Following the payment for all Program Services and Lead Agency services at the end of Program Year 2018, any funds remaining shall be carried forward for successive years where program services continue under successive agreements. Any funds refunded to the MS4s participating in this MOU shall be refunded based upon a prorated portion depending upon the number of months of participation by that MS4,except that any additional payments made by a member beyond its$5,000 annual payments shall be first refunded in full,except for payments made in lieu of performance of Minimum Measure#2. f. In-Kind Services —Program Services (as defined in Section 5)that are provided by a member may be used to offset the Participating MS4 Costs and Payment of that member by such amount as may be determined by a majority of the voting members of the Steering Committee. 7. Contracts Required—All contracts with Contractors to provide Program Services shall be conditioned upon approval by a 2/3`ds majority of the voting members of the Steering Committee. 8. Withdrawal Prohibited—No MS4 that is a party to this MOU may withdraw from this MOU, except for early termination as defined in Section 9 of this MOU. Early termination of a signatory may be considered by the Steering Committee with 12 months' notice of withdrawal for cause and with a 2/3`ds majority approval of the voting members of the Steering Committee 9. Early Termination—This MOU shall become null and void with no further obligation of the parties if: a. a majority of the voting members of the Steering Committee does not approve one or more contracts for the provision of Program Services within 90 days after execution of this MOU or Regional Stormwater Education Program,MOU,Program Years,2013-2018 b. VTDEC determines that the Program outlined in this MOU does not meet the requirements for minimum control measure#1 ("Public Education and Outreach") of the Phase II NPDES Permit for Programs Years 2013—2018) and the parties to this MOU are unable to craft a Program to satisfy VTDEC. c. alternate contractual arrangements for MM1 compliance are developed and a vote to dissolve this MOU is approved by a 2/3`ds majority approval of the voting members of the Steering Committee. 10. Automatic Termination—This MOU will terminate at the end of Program Year 2018. 11. Amendment—Unless a specific section of this MOU provides otherwise,this MOU may be amended only upon the unanimous consent of all of the Parties. 12. Adding New MS4 Entities—New MS4 entities shall be allowed to become party to this MOU with a 2/3`ds majority approval of the voting members of the Steering Committee. The new party agrees to: a. pay for costs directly associated with re-evaluation and reconfiguration of the Program's existing Communications Plan to ensure that planned media advertising purchases appropriately cover the geographic area served by their MS4, unless waived by a 2/3`ds majority approval of the voting members of the Steering Committee. The new MS4 shall coordinate this work with the Lead Agency and RSEP Chair using existing RESP program contractors. b. The new MS4 obtains approval from the permitting agency indicating that their participation in the established Program would satisfy their requirements under minimum control measure#1 ("Public Education and Outreach") of the Phase II NPDES Permit for Programs Years 2013— 2018) c. The new MS4 makes five additional annual payments of$500.00 to the Program in recognition of Program development costs incurred since the program's inception. 13. Counterparts—This MOU may be executed in multiple counterparts,each of which is deemed an original and all of which constitute one and the same document. Each such counterpart may be a facsimile copy and such facsimile copy shall be deemed an original. Signature of Lead Agency Charles Baker, Executive Director Date Chittenden County Regional Planning Commission Regional Stormwater Education Program,MOU,Program Years,2013-2018 Signatures of Members Gene Richards, Interim Director of Aviation Date Burlington International Airport Steven Goodkind, Director of Public Works Date The City of Burlington Department of Public Works Bryan K. Osborne, Director of Public Works Date The Town of Colchester Dennis E. Lutz, PE, Public Works Dir./Town Engineer Date The Town of Essex Authorized Signer Date The Village of Essex Junction Brian M. Palaia,Town Manager Date The Town of Milton Dean Pierce, Director of Planning and Zoning Date The Town of Shelburne Bob Rusten, Interim Temporary City Manager Date The City of South Burlington Brian Searles,Secretary of Transportation Date The Vermont Agency of Transportation Linda Seavey, Director, Campus Planning Services Date The University of Vermont Richard McGuire,Town Manager Date The Town of Williston Katherine Decarreau,City Manager Date The City of Winooski Regional Stormwater Education Program,MOU,Program Years,2013-2018 F' CITY COUNCIL 18 MARCH 2013 The South Burlington City Council held a regular meeting on Monday, 18 March 2013, at 5:00 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: B.Rusten, Interim City Manager; A. Lafferty, City Attorney; P. Conner, Director of Planning and Zoning; K. Murray,Planner; Chief D. Brent,Deputy Chief T. Francis, Fire Deparhiient; J. Louisos, S. Quest,Planning Commission; J.Rabidoux, Public Works Department Head; K. Upmall,B. Kipp,Vermont Agency of Transportation; S. Dopp,B. Bull, G. Maille,Mr. Higley, S. Dooley,M. Mittag, Ms. Dunn, G. Calcagni, L. Michael,J.Perkins, L. Ventriss 1. Executive Session: Ms. Riehle moved that the Council meet in executive session to discuss personnel, contract negotiations, and litigation executive session to include the Interim City Manager and Director of Planning and Zoning. Ms.Nowak seconded. Motion passed 4- 0. Following the executive session, Me. Greco moved to exit executive session. Ms. Riehle seconded. Motion passed unanimously. Regular Session: 1.Agenda Review: Mr. Rusten noted that items#14, 15, and 21 were deleted. 2. Comments and Questions from the Audience, not related to the Agenda: Mr. Higley expressed concern with remarks made by members of the public at the last meeting. 3. Announcements and City Manager's Report: Mr. Rusten: Updated members on issues regarding the Community Gardeners and the former National Gardening properties. Ms. Greco: Reviewed meetings she had attended. She noted that the School District is looking for city endorsement for a PEP grant they are applying for. Ms. Mackenzie: Advised that the Council is working quickly to get an Interim City Manager on board. CITY COUNCIL 18 MARCH 2913 PAGE 2 4. Consent Agenda: A. Sign Disbursement B. approve Minutes of 19 and 26 February C.Weatherization Proclamation D. Consider approval of the following Annual Event Permits: Sheraton Burlington Hotel,Live Entertainment Ms. Greco moved to approve the Consent Agenda as presented. Ms. Riehle seconded. Motion passed unanimously. 5. Public Hearing of Land Development Regulations, second reading of the same: Ms. Greco moved to open the public hearing. Ms. Riehle seconded. Motion passed unanimously. Members briefly discussed residency requirements for DRB and Planning Commission members. There was no public comment. Ms. Greco moved to close the public hearing. Ms. Riehle seconded. Motion passed unanimously. 6.Discuss Council Action on the Land Development Regulations: Ms. Greco moved to amend the draft LDR amendments to remove language regarding residency requirements for Planning Commission and DRB members. Ms.Nowak seconded. Motion passed unanimously. Ms.Nowak moved to set the second public hearing for 15 April 2013, 7 p.m. Mr. Shaw seconded. Motion passed unanimously. 7.Public Hearing of Fire Ordinance, second reading of same: Ms. Greco moved to open the public hearing. Ms.Riehle seconded. Motion passed unanimously. Deputy Chief Francis noted receipt of questions regarding the Ordinance from John Jaeger and addressed the issues he had raised. CITY COUNCIL 18 MARCH 2013 PAGE 3 The Fire Department will reach out to condo owners to make them aware of new regulations. There was no pubic comment. Ms. Greco moved to close the public hearing. Ms. Riehle seconded. Motion passed unanimously. S. Council Action on Fire Ordinance: Ms. Greco moved to approve the Fire Ordinance as presented and to direct the Interim City Manager to sign the agreement with the State. Ms. Riehle seconded. Motion passed unanimously. 9. Discuss Status of IZ-12-06,John Larkin,40 unit PUD (phase I of 71 unit project), 201 Allen Road, and consider whether to rescind decision to reopen hearing on Application IZ-12-06: Ms. Lafferty reviewed the Council's options. Ms.Nowak then moved to rescind the prior decision of the City Council to reopen application IZ-12-06. Mr. Shaw seconded. The motion passed 3-2 with Ms. Greco and Ms. Riehle voting against. 10.If Council votes to rescind decision to reopen hearing on Application#IZ- 12-06, deliberative session on Interim Zoning Application#IZ-12-06,John Larkin, 40 unit PUD (phase 1 of 71 unit project),201 Allen Road: Mr. Shaw moved to enter deliberative session regarding IZ-12-06. Ms.Nowak seconded. Motion passed unanimously. Ms. Murray gave members the findings of fact. Ms.Nowak moved to approve the findings of fact regarding IZ-12-06 as drafted. Mr. Shaw seconded. Motion passed 4-1 with Ms. Greco voting against. 11. Interview Candidates for Planning Commission and DRB: The Council interviewed Gretchen Calcagno for appointment to either the Planning Commission or DRB. CITY COUNCIL 18 MARCH 2013 PAGE 4 12.Discuss Signage at Police Department: Mr. Conner reviewed signage options. Mr. Rusten noted there is no money in the FY13 budget for this,but there is money in the FY14 budget. Ms. Riehle moved to move forward with the design for Police Station signage with funding to come in FY14. Ms.Nowak seconded. Motion passed unanimously. 13. Public Hearing on Interim Zoning Application: A. #IZ-13-01, Perkins Smith Design Build for Conditional use review to construct a 768 sq. ft. two-story addition to single family dwelling, 15 Mayfair Street: Mr. Perkins reviewed the application for remodeling the home. Ms. Greco then moved to close the hearing and go into a deliberative session. Members agreed to have Ms. Murray draft a decision. 16.Discuss and Consider Possible Approval of a Full Road Closure for a State Culvert Replacement on Route 116: Mr. Rabidoux and members of the Vermont Agency of Transportation presented information road closing options for a project scheduled for 2016. Ms. Greco moved to support limited road closure in between one-lane traffic in conjunction with state culvert replacement. Ms. Riehle seconded. Motion passed unanimously. 17.Discuss how Council wishes to proceed with the issues of Noise Abatement at the Burlington International Airport and the creation of a regional Airport: Mr. Maille reviewed the history of noise abatement issues and requested an independent analysis of data gathered by the Airport. CITY COUNCIL 18 MARCH 2013 PAGE 5 18.Discuss what the Council would like to be the role of the Form Based Code Consultant in assessing future Interim Zoning applications and appoint the Chair of the Form Based Code Committee: Ms. Greco reviewed the history of this item. 19.Discuss whether to have each Interim Zoning Committee give a progress report to Council,what date for these reports, and what specifics Council would like included in the reports: Members agreed to meet jointly with the Planning Commission on 26 March to address committee reports and to invite committee chairs to report at that time. Mr. Shaw then moved to appoint Mike Simoneau as Chair of the Form Based Codes Committee. Ms.Nowak seconded. Motion passed 3-2 with Ms. Greco and Ms. Riehle voting against. 20.Discuss ideas concerning a Blue Ribbon Hiring Committee for the City Manager position creating a charge for such a committee and appointing Lisa Ventriss as its Chair: Members discussed option and agreed to delay action. 22.Discuss and Consider possible approval of the Modified Council Meeting Procedures: Ms. Mackenzie moved to approve the modified Council Meeting Procedures as presented. Ms. Greco seconded. Motion passed unanimously. 23. Liquor Control Board: Ms. Riehle moved that the Council meet as Liquor Control Board. Ms.Nowak seconded. Motion passed unanimously. The following liquor licenses were presented for approval: Rite Aid#10318 Hudson News Queen City Coins, Inc. Skinny Pancake @ Airport Walgreen's Zen Garden CITY COUNCIL 18 MARCH 2013 PAGE 6 Bourne's Service Center Champlain Farms/1118 Williston Rd. Champlain Farms/801 Williston Rd. Champlain Farms/1800 Williston Rd. Chicken Charlie's Chipotle Mexican Grill Eagles Order#793 Gracey's Liquor Store Green Mountain Suites Hotel Kmart#7039 Maplefield's Marco's Pizza Olive Garden Osaka Hana, Inc. Outback Steakhouse Short Stop#105 Silver Palace Sugarsnap, LLC Van Phan Sports, Inc. Windjammer Restaurant Vermont Sportsgrill Sheraton Vermont Corp. Lakeview Bar& Grill/Lakeview House Vermont National Country Club Pour House Holiday Inn Mr. Rusten noted that the approval for Skinny Pancake is for 19 March-30 April 2013. They will present another application for the coming year. Ms. Nowak moved to approve the liquor licenses as presented,noting that the Skinny Pancake approval is for 19 March-30 April 2013. Ms. Greco seconded. Motion passed unanimously. Ms. Greco moved to return to regular session. Ms. Riehle seconded. Motion passed unanimously. 24. Other Business: A.PEP Grant: This item was added to the bike rack. B.Bike Rack- items Council may wish to place on a future agenda A.Traffic Lights & sequencing B. City Street Lights (adequacy/number) at various locations C.Dorset Park Solar Array D.Advertising logos or names on City Property E.Taser Policy F.East Terrace Ordinance G.School District Food Grant C. Other CITY COUNCIL 18 MARCH 2013 PAGE 7 No other action was taken. 25. Consider going into executive session for discussion of personnel matters, negotiations, real estate and litigation: Ms. Greco moved to go into executive session to discuss personnel with the intention of making an appointment following the executive session. Ms.Nowak seconded. Motion passed unanimously. Following the executive session, Ms. Greco moved to exit executive session. Ms. Riehle seconded. Motion passed unanimously. Ms. Greco moved to appoint Gretchen Calcagni to the Planning Commission for the remainder of a 4-year term ending June 2015. Ms. Riehle seconded. Motion passed unanimously. Ms. Riehle then moved to adjourn. Mr. Shaw seconded. Motion passed unanimously, and the meeting was adjourned at 10:16 p.m. Clerk TENTATIVE AGREEMENT The City of South Burlington and the South Burlington City Hall and Public Works Employees Association herein tentatively agree to the following changes to the collective bargaining agreement by and between the City and the Association,subject to ratification by their respective bodies.The representatives of the parties agree to recommend these tentative agreements be ratified for inclusion in a successor Agreement between the parties to commence retroactive to July 1,2012. 1. Duration:Three year contract 7/1/12(retroactive to July 1,2012)to 6/30/15 2. Wage increase— a -pr-Opefiaii step-pl&xs COLA Increases:FY 2013 2.0%,FY 2014 2.5%,FY 2015 3% steps in each year b. FY 2013 COLA retroactive to 7/1/12 3. Health Insurance , The City will offer all members enrollment in the VLCT HD/HP 2250/4500 Plan. The City will pay 100%of the annual premium. Members who elect to participate in this plan shall establish a Health Savings Account(HSA)at a financial institution of the members'choice unless they are prohibited by law from doing so. Any member prohibited from establishing an HSA,may establish a Flexible Spending Account (FSA)with the City. r l ' r 201 ,Tthe City shall deposit into each members'account,on or before the 15t'-day-ef—January-2044,January 15th of each year of this agreement,one hundred percent(100%)of the following amounts: For Calendar Year 2013 $1,250 for members electing a single person plan $2,500 for members electing a two person plan $2,000 for members electing a family plan For Calendar Year 2014 $1,100 for members electing a single person plan $2,250 for members electing a two person plan $1,750 for members electing a family plan For Calendar Year 2015 $925 for members electing a single person plan $1,925 for members electing a two person plan $1,350 for members electing a family plan 1 Pro-rated City contributions to HSA accounts for employees hired during the course of a .--- Formatted:Indent:Left: 0.25" calendar year will be determined based on the MOU between the parties and attached hereto as Appendixl "Revised Health Insurance Scenarios and Indemnity Plan Option"memo dated November 2"d,2011. Only bargaining unit members who participate in the City's health insurance coverage plan agree to participate in the confidential health assessment and health screening as provided by the health insurance carrier. 4. Employees hired after July 1,2013 to go into VMERS B 5. Divisional Work: MOU re:Labor Management to discuss with no contract reopener(Police format). 6. Payroll every two weeks: MOU re:Labor Management to discuss with no contract reopener(Police format) 7. If training ends early such that a member is able to return to duty more than two hours before the end of the shift the member shall report back to duty and their shift. 8. Reorganize structure of agreement 9. Section I,Article VI Holidays N.1 The 13 holidays observed by the SBCH&PWEA shall be as follows: New Year's Day Labor Day Martin Luther King Jr.Day Columbus Day Presidents'Day Veteran's Day Arcieeay Thanksgiving Day Memorial Day Friday following Thanksgiving Independence Day Christmas Day Bennington Battle Day Cumulative/Floating Holiday **Observed by City Hall Employees only 10. Section II,Article B 2 a. B.1 ,The City will furnish at its expense an appropriate water cooler for employees. 11.Section III,Article II a. D.1 Each employee required to wear a uniform shall be given the option once percalendar year to continue to receive such uniforms from the City,and to have the uniforms cleaned at City expense consistent with past practice.In lieu of thatoption,employees will have the option of receiving a uniform allowance in theamount of$437$500 per calendar year,and shall be responsible for the purchase andcleaning of their own uniforms.Uniforms purchased shall be consistent with those provided by the uniform company.In addition,the City shall provide eachemployee protective clothing,winter bib/coveralls,and a winter coat (replaced asneeded)consistent with past practice.The City will also provide winter boots at acost not to exceed$-1-5 $200per employee and safety boots at a cost not to exceed$185$200per employee.Winter boots will be replaced every three(3)years or as needed.Winter coats will be provided on an as needed basis at a maximum cost of$4-35$150. 12.Section III,Article III a. F.3 The work week shall commence at 12:00 midnight on Saturday and continue through to 12:00 midnight on the following Saturday. The work day shall commence at 12:00 midnight and continue through the following 12:00 midnight. A normal work day shall consist of eight(8)hours commencing at 7:00 AM and ending at 3:30 PM with a lunch period from 12:00 noon to 12:30 PM unless otherwise agreed between the City and the Association. The City may require other hours of work for certain specific jobs,such as traffic hazards and sewer treatment. Work th t'" `'''" .wife required by the City and to beperformed on weekends or after normal day hours as set forth herein and which are not subject to overtime shall be compensated at a hourly differential of$.50 per hour. 13.Eliminate language in Article X111 regarding payments made through payroll withholding to health clubs,i.e.the third sentence.Otherwise,paragraph remains same 14.Update list of she positions that are excluded from the i&het-ineludeil-in collective bargaining unit. 3 Dated at South Burlington.Vermont this—day of March 2013 Bob Rustin Interim City Manager Dated at South Burlington,Vermont this day of March 2013 Martha Lyons,President SBCH&PWEA In addition to the tentative agreements set forth gree to an abameve,the ndment enp toies fu theirCBA rther in reference to recommend employees in the City Clerk's Office empleyees covered by the Contract. As per the City Election vote taken on November 6,2012,it is agreed that the parties will recommend ratification of the following provisions will apply applicable to employees of the Clerk's office. All provisions of the Contract between the City and Association shall continue to apply to eligible employees of the Clerk's Office unless changed by a specific provision below. The collective bargaining agreement by and between the City of South Burlington and the South Burlington City Hall&Public Works Employees Association is hereby amended by adding the following to Section I,Article V,Subsection M.7,which shall be applicable solely to employees in the City Clerk's Office: SECTION I,ARTICLE V,Subsection M.7 Discipline and Discharge Verbal warnings shall be done by the Clerk and placed in personnel file per union contract Written warnings shall be done by the Clerk and placed in personnel file per union contract Notice ofSuspension shall be given the employee by the Clerk.The Clerk may place an employee on paid until the suspension is approved by the City Manager or City Attorney. Employee grievances shall be filed with the City Clerk at the Step 2 level of the Grievance Procedure set for in the CBA.Appeal of the Clerk's decision shall godirectly to the City Council. 4 Dated at South Burlington,Vermont this day of March 2013 Bob Rustin,Interim City Manager+ Martha Lyons,President SBCH&PWEA Donna Kinville,City Clerk 5 JLadd From: Bob Rusten Sent: Monday, March 18, 2013 7:52 AM To: JLadd Subject: FW: Resignation Please put on 3/26 agenda. Bob Rusten Deputy City Manager City of South Burlington received or Notice- Under Vermont's Public Records Act, all e-mail, e-mail attachments ocial or staff, o as well as �cont er copies information relating toC City prepared for use in matters concerning City business, concerning tY business are likely to be regarded as public records which ermay be inspected by any person upon or,please notify us immediately by return email. Thank youise for your confidential by law. If you have received this message cooperation. From: Bill Tegtmeyer [mailtn:hillteg©nmail.com] Sent: Saturday, March 16, 2013 4:0 PM Helen Head; Senator Sally Fox To: Bob Rusten; Martin Kenny; Rep. Subject: Resignation Dear Mr. Rusten, g Liason ommittee. I will It is with regret that I must resign from the Chittenden Correnctional Facility omm tteeCI regret that the city moving out of state in April 2013 and will no longer be able to serve management has not found the time to meet with this Committee ri couite�i�le.memberspwilling to spend time g anytime Cityofficials are able to meet w outdated,the city, I believe to serve city,they should be able to meet. It is due to a lack of ity saw in in there recent city election.the I hope citizens of our community that has brought about the divisiveness itmanagement will see fit to meeting with citizen's interested in service to their community. Thank future c y mana g you for the opportunity to serve our City. Very truly yours, William "Bill" Tegtmeyer 1 ILONA BLANCHARD, AICP Project Director t 802-846-4123 • f 801-846-4101 SOSOU . 4r , iblanchard@sburl.com www.sburl.com 575 Dorset Street I South Burlington, Vermont 05403 Notic e - 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, ass public records woncerning a hich h be inspected by any person official oror staff, or containing information relating to City business are likely to be regarded upon request, unless otherwise made confidential by law. wf ou have received this message in error, please notify us immediately by return email.Thank you for your cooperation. 2 JLadd From: Bob Rusten Sent: Wednesday, March 20, 2013 2:07 PM To: Ilona Blanchard Cr: JLadd Subject: RE: April 1 Categories: Interview A Resolution wo uld be helpful for in that way we know where to lay our hands on the Council approval. Thanks. Bob Rusten Deputy City Manager City of South Burlington er copies Notice- Under Vermont's Public Records Act, all mQr�ning a City official or staff, oail attachments as well as �containing�f rmatiodocumenn receive relating tod rCity prepared for use in matters concerning City business, once 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: Ilona Blanchard Sent: Wednesday, March 20, 2013 2:06 PM To: Bob Rusten Cc: JLadd Subject: April 1 A reminder that the City Council will need to consider approving a target cross section for Market Street, a step needed to allow the project to proceed. I may or may not have additional information for them to consider approving from the FBC, if not I will need a second date (I will still use April 1)for them to consider the cross street locations and approximate land use limits. I will be providing a memo which includes the needed Council directionlanguaget to Count I s move war appandal, an image is fo fthe ient. cross section. I can also provide a resolution, but as long as the minutes rThanks, Ilona Ilona facebook •