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Home My WebLink AboutAgenda - City Council - 03/18/2013 ati southburlirtatert v£ftM0NI AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall Conference Room 575 Dorset Street SOUTH BURLINGTON, VERMONT Executive Session 5:15 P.M. Monday, March 18, 2013 Consider entering executive session to discuss personnel, contract negotiations and litigation. Regular Session 6:00P.M. Monday, March 18, 2013 1. Agenda Review: Additions, deletions or changes in order of agenda items. 2. Comments and questions from the public not related to the agenda. 3. Announcements and City Manager's Report. A. *'" Community Gardeners at Wheeler Homestead 4. Consent Agenda: A. *** Sign Disbursement B. *** Approve Minutes for February 19&26`h C. ***Weatherization Proclamation (Energy Committee). D. *** Consider approval the following Annual Event Permits:. • Sheraton Burlington Hotel, Live Entertainment 5. *** Public Hearing of Land Development Regulations. Second reading of the same. (Paul Conner, Planning &Zoning Director). 6. Return from Public Hearing to discuss Council action on the Land Development Regulations. 7. *** Public Hearing of Fire Ordinance. Second reading of the same. (Terry Francis, Deputy Fire Chief). 8. Return from Public Hearing to discuss Council action on Fire Ordinance. 9. Discuss status of Interim Zoning Application#IZ-12-06, John Larkin, 40 unit PUD (phase 1 of 71 unit project), 201 Allen Road, and consider whether to rescind decision to reopen hearing on Application #IZ-12-06. If Council does not rescind decision then set date for new hearing (Amanda Lafferty, City Attorney). 10. If Council votes to rescind decision to reopen hearing on Application#IZ-12-06, then Council proceeds with deliberative session on Interim Zoning Application#IZ-12-06, John Larkin, 40 unit PUD (phase 1 of 71 unit project), 201 Allen Road : Deliberative sessions are not open to public comment). [Note: Deliberations will be in open session unless due to a legal issue it is voted by Council to deliberate in closed session] A. Interim Zoning Application#IZ-12-06, John Larkin, 40 unit PUD (phase 1 of 71 unit project), 201 Allen Road. 11. ***Interview candidates for the Planning Commission and DRB. 12. *** Discuss Signage at the Police Department. (Paul Conner, Director of Planning &Zoning) 13. ***Public Hearing on Interim Zoning Application: (Applicants&Councilors) A. #IZ-13-01, Perkins Smith Design Build for Conditional use review to construct a 768 square ft. two-story addition to a single family dwelling, 15 Mayfair Street. 14. Discuss Council's position on the three components of the voters approved Clerk's Office Charter changes so as to testify before the House Government Operations Committee. 15. Discuss and consider possible approval of a Resolution for staff and keys in the City Clerk's Office. 16. *** Discuss and consider possible approval of a full road closure for a State culvert replacement on RT 116 (Hinesburg Rd.) (Justin Rabidoux, Director of Public Works). 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. 18. Discuss what Council would like to be the role of the Forms Base Code consultant in assessing future Interim Zoning applications and appoint the Chair of the Form Base Code Committee. 19. Discuss whether to have each Interim Zoning Committee giving a progress report to Council, what date for these reports and what specifics Council would like included in the reports. 20. Discuss ideas concerning a Blue Ribbon Hiring Committee for the City Manager position, creating a charge for such a committee and appointing Lisa Ventrisss as its Chair. 21. *** Discuss and consider possible approval of modifications to previously Council approved Pension Advisory Committee Resolution and make any appoint based on approved modifications to the Resolution. 22. *** Discuss and consider possible approval of the modified Council Meeting Procedures. 23. Convene as the Liquor Control Board to approve the following Liquor Licenses: *Rite Aid# 10318 *Hudson News *Queen City Coins Inc *Skinny Pancake@Airport *Walgreen's *Zen Garden *Bourne's Service Ctr *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 CC Pour House Holiday Inn 24, Other Business: A. Items held from the Consent Agenda B. Bike Rack—items Council may wish to place on a future agenda: i. Traffic Lights and sequencing. ii. City Street Lights (adequacy/number) at various locations. iii. Dorset Park Solar Array. iv. Advertising logos or names on City Property v. Taser Policy vi. East Terrance Ordinance vii. School District Food Grant C. Other? 25. Consider entering executive session for discussion of personnel matters, negotiations, real estate and litigation. 26. Adjourn Respectfully Submitted: f/r (l,S Bob Rusten, Interim City Manager ***Attachments Included South Burlington City Council Meeting Participation Guidelines City Council meetings are the only time we have to discuss and decide on City matters. We want to be as open and informal as possible; but Council meetings are not town meetings. In an effort to conduct orderly and efficient meetings, we kindly request your cooperation and compliance with the following guidelines. 1. Please be respectful of each other(Council members, staff, and the public). 2, Please raise your hand to be recognized by the Chair. Once recognized please state your name and address. 3. Please address the Chair and not other members of the public, staff, or presenters. 4, Please abide by any time limits that have been set. Time limits will be used to insure everyone is heard and there is sufficient time for the Council to conduct all the business on the agenda. 5. The Chair will make a reasonable effort to allow everyone to speak once before speakers address the Council a second time. 6. The Chair may ask that discussion be limited to the Councilors once the public input has been heard. 7. Please do not interrupt when others are speaking. 8. Please do not repeat the points made by others, except to briefly say whether you agree or disagree with others views. 9. Please use the outside hallway for side conversations. It is difficult to hear speaker remarks when there are other conversations occurring. Public Sign- In March 18, 2013 City Council Meeting Please Print Name Name Name 1 :.)i ) t; \J 18� t ' O44- 35 2 i l ct r1 W e't .Qd 19 36 3 , '4 ,ja, �/ 20 '�`'� 37 4 -S0,i1 Qo1i7 21 38 5 ' '`� r 22 39 6 � 23 40 24 41 8 6;;s 4- i2 25 42 9 n i.. r6,.,. 26 43 1 C,SSIC01 igil&IS 27 44 1 Ltzteff ,y VV,IuzjFr 28 45 12,,,6a,i_cLkCi;142f 29 46 13 Act,pkey iteivoLt, 30 47 14 Cit'1;16., ( (case, . 31 48 15 e 4. 32 49 16 ,y L. J 1,��v^ / 33 50 17LACI-t-Oei-- k1�( l 34 51 I I ' } } 4 Iot • tp if' •A soot . 0 PLANNING & ZONING MEMORANDUM TO: South Burlington Interim City Manager FROM: Cathyann LaRose, City Planner 0 SUBJECT: South Burlington Community Gardens at Wheeler Homestead DATE: March 18, 2013 City Council meeting Brief History: In decades past, the City of South Burlington has offered garden space to members of the South Burlington community, most recently located at the Homestead parcel within Wheeler Nature Park. From 2005-2012, the National Gardening Association (NGA) managed many aspects of the community gardens, including plot applications and assignments, collection of plot usage fees, tilling of soil, and provision of water. In 2009, 35 individuals worked 28 plots that measured 30'x20'. Net acreage under cultivation was 16,800 sf. In 2011 16 plots were eliminated by NGA and turned to turf. On the remaining acreage, 36 plots (20'x20') were offered. Approximately one- third of these were on soil that community gardener members believe to be un-farmable. In 2012, 48 individuals worked 36 plots (20'x20') offered in a different configuration. Net acreage under cultivation was 14,600 sf. Spring 2013 Proposals: As the NGA is no longer a lessee of the site, the South Burlington Community Gardeners, represented by a small committee of 3 gardeners, has asked the City to take over some management and responsibility for opening the gardens again to the community. City staff has met with the Gardeners to understand their desires and needs for the 2013 growing season. The SBCG have asked for usage of 42 plots to serve approximately 56 gardeners, plus 12 new "cutting" beds for annual flowers. Net acreage under cultivation would be 16,300 sf. The group has also asked for an expansion of the existing outdoor water line to serve both existing and new plots and for the communal use of a small, walk-behind tiller for a period of one week. Gardeners will supply their own hand tools. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.corn The Departments of Public Works and Recreation would coordinate to oversee membership and operations logistics. Public Works will be responsible for the tiller rental. Liability insurance is in place. Options and Estimates: 1. Till existing lands- the Public Works Department has stated that they believe that the tilling can be done using the City's tractor and would take a day and a half. Expended costs would be approximately $200 and would include soil testing. 2. To expand the existing gardens to the size requested, and return to the part of the lawn area to the 2009 garden locations, would require the installation of an in-ground waterline with posts and spigots, estimated at $415 in expended costs. 3. Additional costs include the rental of a walk-behind tiller, noted above in a request from the SB Community Garden Group, at a fee of approximately $200 per week (one week needed) and a communal wheel barrow at a cost of approximately $100. In summary, the outlay cost of all improvements requested this year would be approximately $915. Soft costs would likely include staff time to ready the plots and install water lines (approximately 30 man-hours), lawn care, compost management, fuel costs, financial management, and membership oversight. Garden members have historically paid annual dues of $50/plot/season. 42 plots, under this due structure, would generate $2100. Staff respectfully recommends the creation of a reserve fund for revenue which exceeds the expenditures related to hard costs, to cover future needs for the community gardens or other estimated soft costs. A final decision date on this should be no later than April 15, 2013. Interim City Manager's Plan for 2013: a. Move gardens to 2009 site and expand as requested b. Charge the $50/plot/season fee c. Use revenue to pay for any hard costs (rent tiller, buy wheelbarrow materials, etc.) d. Charge a 20% administrative fee to total revenue for City's "soft" costs e. Put remainder into a Council-approved Reserve Fund for future garden needs 2 CITY COUNCIL 19 FEBRUARY 2013 The South Burlington City Council held a regular meeting on Tuesday, 19 February 2012, at 4:30 p.m., in the Conference Room, City Hall,575 Dorset St. Members Present: R. Greco, Chair; S. Dooley, P. Engels, P. Mackenzie Also Present: R. Rusten, Interim City Manager; D. Kinville, City Clerk; S. Stitzel, R. Fletcher, City Attorneys; Chief D. Brent, Fire Department; K. Murray, Planner; J. Rabidoux, Director of Public Works, P. Taylor, Board of Civil Authority; C. Shaw, P. & B. Nowak, G. Maille, A. Clift, M. Cimoneau, B. Cimonetti Executive Session: Ms. Dooley moved that the Council meet in executive session to discuss personnel matters, negotiations, real estate and litigation. Mr. Engels seconded. Motion passed unanimously. Regular Session: Ms. Dooley moved that the Council exit executive session. Ms. Mackenzie seconded. Motion passed unanimously. 1. Agenda Review: No changes were made to the agenda. 2. Comments & Questions from the Audience, not related to agenda items: Mr. Maille: Raised the issue of getting an expert opinion on noise data collected by the Airport. Without this, the Council and citizens can't take action on the data because it will be "aged." Also reminded that Council that he had asked about forming a regulatory Board in relation to the Airport(under 5VSA17). The Board would have the authority of a quasi- judicial board such as the DRB. 3. Announcements and Interim City Manager's Report: Mr. Rusten: Reported the resignation of Chris Cole from the Planning Commission for personal reason. Other members: Reported on meetings attended, including the visioning sessions. CITY COUNCIL 19 FEBRUARY 2013 PAGE 2 4. Consent Agenda: A. Sign Disbursements B. Approval of Minutes of 4 and 6 February 2013 C. Financials for the month of January Members requested that all items be removed from the consent agenda. 5. Discuss Status of Charter Amendments Approved on 6 November 2012 and Possibly Determine Action on Same: Mr. Stitzel explained that although the City Council warned and held all public hearings required for the proposed amendments, because of the unusual circumstance of the amendments being printed on the State ballot, the warning for the amendments, which should have been posted between late September and early October, was not posted. The Legislature has the authority to waive such defects, and they are prepared to do so. Mr. Stitzel said that certificates and documentation have been prepared, and he asked the Council for authorization to submit these and to ask the Legislature to approve the Charter amendments. Ms. Dooley moved to ask the City Attorney to submit the Certificate for the two Charter amendments that were approved by voters on 6 November 2012, and to indicate that the City Council supports the will of the voters. Ms. Mackenzie seconded. Motion passed 4- 0. Ms. Kinville noted that the warning process needs to be revised because the existing timing requires that ballots be available to the public before the warning period. 6. Status of Appeal of City of Burlington regarding 2012-2013 tax assessment on properties at Burlington International Airport: Mr.. Fletcher reviewed the history of the appeal of the $73,920,800.00 assessment. He noted that last week, the City of Burlington filed an appeal of the Board of Civil Authority's determination that the values were correct. If the Court rules in favor of the City of Burlington, the City of South Burlington would have to repay taxes with penalties. 7. Discussion and Possibly Approve the Collective Bargaining Agreement between the City of South Burlington and the South Burlington Police Officers Association: CITY COUNCIL 19 FEBRUARY 2012 PAGE 3 Mr. Rusten outlined the terms of the agreement and asked the Council to approve it subject to an agreement on retroactive pay from 1 July 2012. Mr. Engels moved to approve the agreement with the Police Officers Association with the understanding that there will be an agreement regarding retroactive pay. Ms. Dooley seconded. Motion passed 4-0. 8. Discussion and Possible Approval of the Resolution Regarding the Increasing of Certain Fees and Charges: Mr. Rusten reviewed the areas of increased fees: ambulance service, road opening fees, and off-duty Fire Department work. Ms. Mackenzie moved to approve the Resolution Regarding the Increasing of Fees and Charges. Ms. Dooley seconded. Motion passed 4-0. 9. Interim Zoning Deliberative Session: A. Interim Zoning Application #IZ-12-13, Queen City, LLC, amendment to PUD to add two new dwelling units, 428-434 Shelburne Road: Ms. Dooley moved to approve IZ-12-13, Queen City, LLC, per the draft decision. Ms. Mackenzie seconded. Motion passed 4-0. 10. Discuss and Consider Approval of the Resolution Regarding the Taking of Minutes and the Recording of the City Council Meetings: Members reviewed the resolution indicating that all City Council meetings will be recorded and recordings will be available to the public within 5 days of the meeting. Written minutes will contain only what is required by law. Any change to a prior meeting's minutes will be made on the prior minutes. Mr. Engels moved to approve the resolution as presented. Ms. Mackenzie seconded with a request to see how to make this process ADA compliant. Motion passed 4-0. 11. Discuss and Approve Any Plans to Inform the Public Concerning the Proposed FY2014 City Budgets and Pre-Town Meeting Plans: Ms. Greco agreed to prepare something for Front Page Forum and the Free Press. Members agreed to a "Please Vote" ad. CITY COUNCIL 19 FEBRUARY 2013 PAGE 4 12. Authorize the Interim City Manager to Determine Which Law Firm to Enter into an Agreement With Regarding the MS4 Appeal: Ms. Dooley moved to authorize the Interim City Manager to determine a law firm to enter into an agreement with regarding the city's MS4 appeal. Ms. Mackenzie seconded. Motion passed 4-0. 13. Discuss and Possibly Decide upon the Interim City Manager Appointment Process: Five applications have been received. Members agreed to finalize questions and then talk with candidates next week. 14. Discuss and Possibly Modify the Current Library Trustee Membership: It was noted that Mr. Rusten's appointment was temporary because of low membership. It was agreed that with his current work load and increased membership on the Board, Mr. Rusten no longer needs to serve in this capacity. Ms. Mackenzie moved to "unappoint"Mr. Rusten from the Library Trustees. Mr. Engels seconded. Motion passed 4-0. 15. Discuss and Possibly Approve Disbursing of Money as Specified in the Resolution to create an Interim Zoning Reserve Fund: Mr. Rusten reviewed the history and asked for authorization to disburse the funds. Mr. Engels moved to approve disbursing of$75,000.00 to pay for expenses related to Interim Zoning. Ms. Dooley seconded. Motion passed 4-0. 16. Discuss and Possibly Approve Appointment Process to Fill Position on Planning Commission Due to Announced Resignation: Members agreed to advertise this position and the vacancies on the Library Board and DRB and also to look at those who had expressed interest during the summer. 17. Discuss and Possibly Set a Date for A Special Meeting the Week of February 25, 2013 to Deliberate Remaining IZ Applications as Well as Other Issues: Members agreed to meet on 26 February, at a time to be determined. CITY COUNCIL 19 FEBRUARY 2013 PAGE 5 18. Other Business: A. Items held from Consent Agenda: 1. Disbursements: Ms. Mackenzie questioned whether disbursements regarding the departure of the City Manager are being done in public so costs are understood. Mr. Rusten said Mr. Miller will be paid the $117,500 yearly salary minus taxes plus a check for his last payday. Some benefits are being negotiated. Mr. Cimonetti asked that a gross amount be made public prior to the March 5th vote on the proposed budget. Ms. Dooley moved to approve disbursements as presented. Ms. Mackenzie seconded. Motion passed 4-0. 2. Minutes of 4 and 6 February 2013: In the Minutes of 4 February, p. 4, it was noted that Rob Halpert is the member of Scott Cameron's law firm who had been consulted regarding the MS4 appeal. In the Minutes of 6 February, p. 2, Item #3. The name of Mr. Lees should be changed to Mr. Blais. Ms. Mackenzie moved to approve the Minutes of 4 and 6 February as amended. Ms. Dooley seconded. Motion passed 4-0. 3. Financials: Ms. Dooley questioned the $46,000 expenditure under Natural Resources Committee. Mr. Rusten explained that this item is covered by a grant. Ms. Dooley moved to approve the financials as presented. Ms. Mackenzie seconded. Motion passed 4-0. b. Bike Rack No action was taken on bike rack items. CITY COUNCIL 19 FEBRUARY 2013 PAGE 6 C. Other Business: Members agreed to put the airport noise study raised by Mr. Maille on a future agenda and agreed tentatively to the 18 March agenda. The also agreed to put the Intercept Facility and the Hinesburg Road issue raised by Mr. Rabidoux on that agenda as well as Police Station signage. 19. Executive Session: Ms. Dooley moved the Council meet in executive session to discuss personnel matters, litigation, negotiations and real estate, and to resume regular session only for the purpose of adjournment. 20. Regular Session: As there was no further business to come before the Council, Ms. Dooley moved to adjourn. Ms. Mackenzie seconded. Motion passed unanimously. The meeting was adjourned. Clerk CITY COUNCIL 26 FEBRUARY 2013 The South Burlington City Council held a special meeting on Tuesday,26 February 2013, at 4:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: R. Greco, Chair; S. Dooley, P. Engels, P. Mackenzie Also Present: R. Rusten, Interim Acting City Manager; P. Conner, Director of Planning & Zoning; K. Murray, Planner; Chief D. Brent, Deputy Chief T. Francis, Fire Department; A. Lafferty, City Attorney; B. Cimonetti, M. Simoneau, R. Kay, P. Nowak, B. Bull 1. Agenda Review: No changes were made to the Agenda. 2. Comments & Questions from the Audience, not related to Agenda items: Mr. Cimonetti read a letter expressing concern regarding the final settlement with the former City Manager. He asked that there be a meeting prior to the budget vote at which all the details of the settlement are presented to the public. 3. City Council to Ratify & Confirm decision to purchase, under section 13- 103(b) of the City Charter, 60.7 +/- acres of property, known as Marie Underwood Revocable Trust, utilizing the City's Open Space Fund: Mr. Conner reviewed how the Open Space Fund works and explained the history of this property. He noted that the Natural Resources Committee matrix was used to help determine the value of the land. Following staff discussions with the land owner, the land was appraised. Plans for the property are to be decided. Mr. Rusten noted that following this purchase, there will be $50,000 left in the Open Space account, and after three years, that amount will have increased to about $200,000. Mr. Rusten also noted that the city's purchase of the property means about $4,000-5,000 of lost tax revenue. Mr. Engels then moved to ratify and confirm the decision to purchase +/-60.7 acres of property known as Marie Underwood Revocable Trust, including an initial payment of $1,000,000. Ms. Dooley seconded. The motion passed 4-0. 4. Council to Consider Settlement Agreement and Consent Decree for JAM Golf, LLC, and Highlands Development Co., LLC, Master Plan litigation stipulated judgment order for JAM Golf, LLC, Long Drive subdivision, litigation, and the associated anticipated land exchange: CITY COUNCIL 26 FEBRUARY 2013 PAGE 2 Ms. Lafferty said this is a follow-up to the city vote in which voters authorized the transfer of land at the corner of Dorset Street and Dorset Park land. This will settle two pieces of Environmental Court litigation. Ms. Dooley moved to approve the settlement agreement, consent decree and the five exhibits as presented and to authorize the Chair to sign the Agreement. Ms. Mackenzie seconded. Motion passed 4-0. 5. Interim Zoning- Deliberative Session: A. Closed Public hearing: Interim Zoning Application #IZ-12-06, John Larkin, 40 unit PUD (phase 1 of 71 unit project),201 Allen Road: Members considered whether to reopen the hearing because of new information about agricultural soils and possible consultation with the form based codes consultant. Mr. Engels moved to reopen the hearing specifically for the form based codes consultant to come in regarding implications for form based codes and soils. Ms. Greco seconded. Motion passed 3-1 with Ms. Mackenzie voting against. b. Closed Public Hearing: Interim Zoning Application #IZ-12-14, Pizzagalli Properties, LLC; raze existing Liberty Inn Suites and construct 32,000 sq. ft. general office building and parking, 462 Shelburne Road: Mr. Engels moved to approve IZ-12-14 subject to the provisions in the draft Findings. Ms. Mackenzie seconded. Motion passed 4-0. 6. First Reading of Fire Ordinance,with scheduling of Public Hearing: Mr. Engels moved to waive the reading. Ms. Dooley seconded. Motion passed 4-0. Deputy Chief Francis indicated that the Fire Ordinance had not been updated since 1970, and there have been a number of changes made by the State which the city needs to adhere to. In some instances, the city's Ordinance is more restrictive than the State's. There is also a new fee schedule which is the same as that of the City of Burlington. Mr. Engels moved to set a public hearing for 18 March 2013. Ms. Dooley seconded. Motion passed 4-0. CITY COUNCIL 26 FEBRUARY 2013 PAGE 3 7. Council to Discuss the Date for the First City Council meeting after March Town Meeting: Members agreed to hold the first Council meeting after the March Town Meeting on 11 March 2013, with an executive session at 5 p.m. and a regular session at 6 p.m. There will be no regular City Council meeting on 4 March. 8. Council to Approve Special Event Permit, Magic Hat, March 17,2013: Ms. Dooley moved to approve the Special Event Permit for Magic Hat as presented. Ms. Mackenzie seconded. Motion passed 4-0. Ms. Mackenzie moved to adjourn. Ms. Dooley seconded. Motion passed 4-0. The meeting was adjourned at 6:40 p.m. Clerk SOUTH BURLINGTON,VERMONT CITY COUNCIL PROCLAMATION ENCOURAGING RESIDENTS TO TAKE PART IN HOME WEATHERIZATION OPPORTUNITIES WHEREAS, Efficiency Vermont, in partnership with Vermont Energy and Climate Action Network (VECAN), is spearheading a year-long effort to increase the number of comprehensive home energy efficiency improvements; and WHEREAS, the year-long effort is called Vermont Home Energy Challenge; and WHEREAS, under the Challenge, the City will compete with other communities in our region to see which can get the most homes weatherized during 2013; and WHEREAS,the Challenge is designed to mobilize many more Vermonters to take action and help Vermont reach its statewide goal of 25%energy savings in 80,000 homes by the year 2020; and WHEREAS, Efficiency Vermont and VECAN are conducting training and providing guidance and marketing materials to support this campaign; and WHEREAS, Goal six of South Burlington's draft Comprehensive Plan is to reduce energy consumption and increase renewable energy production; and WHEREAS, participation in the Home Energy Challenge will help South Burlington residents reduce home energy consumption by educating residents about and facilitating home energy audits and weatherization; and WHEREAS, Goal one of South Burlington's draft 2012 Comprehensive Plan is to ensure that South Burlington is an affordable place to live; and WHEREAS, reducing home energy consumption makes housing more affordable; and WHEREAS, Objective 20 of South Burlington's draft 2012 Comprehensive Plan is to achieve a reduction of 20% in carbon dioxide-equivalent emissions from 2009 levels by 2020; and WHEREAS, reducing home energy consumption reduces carbon dioxide-equivalent emissions; and WHEREAS, South Burlington has an active Energy Committee that has been engaged in working with condominium owners to weatherize homes. NOW, THEREFORE,THE SOUTH BURLINGTON CITY COUNCIL DOES HEREBY PROCLAIM that the City of South Burlington is participating in the 2013 Vermont Home Energy Challenge under the leadership of the Energy Committee and encourages homeowners to take part in home weatherization opportunities to reduce energy use. APPROVED this day of 2013. SOUTH BURLINGTON CITY COUNCIL Pam Mackenzie, Chair Pat Nowak, Vice Chair Chris Shaw, Clerk Rosanne Greco Helen Riehle � / � ^ / /L. N�~� � South m� 0~ � { ��m� �m ��mmm vu��m�� ' - � ook , City Clerk's Office � ^~' DwxoaX7nxJle' City Clerk K4ardY18, 3Ol3 The following 2013 Entertainment License was approved by the South Burlington City Council after review by the City Police, Fire and Tax departments. � Business nameDescription Sheraton Burlington Hotel Annual Entertainment Permit Pam Mackenzie Chair Pat Nowak Vice Chair � Chris Shaw Clerk Rosanne Greco Councilor HelenRieh/e Councilor � \ ^ | / 575 Dorset Street South Budio[ton'VTO54O3 802-840'4186 dkinWNe@mbur| uom / � ' e ctr s VERMONT ,#� ENTERTAINMENT LICENSE APPLICATION Type of Application Annual Penult Date of Application: Z- (4\ 1\C. ❑ Special Event Permit Naive of Establishment: 1r. "° \ " \\"_ Address of Establishment: 1 is Name Owner: e_ /i'? Address of Owner: t34a D v p_c\ 0 Name of Operator: c.c V , t / m Address of Operator: t U Complete Description of Show: Date(s) of Show and Hour(s) of Operation: Date(s): t j Hours s Security Provisions: _ 6 ( As applicant,I have read and understand the provision of the South Burlington Ordinance Regarding Licensure of Regulation of Circuses, Carnivals and Other Shows. I also understand that only the specific type of entertainment applied for in this license is permitted and that additional types of entertainment will require an additional application. Applicant's Signature: t1 , '",.� Date: �, Entertainment License Application South Burlington City Council Action: 1. Verification of license fee: (See Section 6 or Ordinance) City Manager 2. Verification of approval standards: (See Section 4 of Ordinance) Council Chair 3. Application of License has been Approved Disapproved by South Burlington City Council On , 20 4. Special Conditions attached to License(See Section 5 of Ordinance). South Burlington City Council Chair Date south!mrli gtor PLANNING & ZONING MEMORANDUM TO: South Burlington City Council & City Manager FROM: South Burlington Planning Commission Paul Conner, Director of Planning & Zoning SUBJECT: Public Hearing& Second Reading of Draft Land Development Regulations approved by Planning Commission DATE: March 18, 2013 City Council meeting Overview The City Council on February 4`"held a first reading and voted to warn a public hearing for March 18th on the enclosed amendments to the Land Development Regulations.This followed a public hearing and vote by the Planning Commission to submit the amendments to the City Council for consideration in January, and prior discussion and review during the fall of 2012. Below is a brief description of each of the proposed amendments.The numbers correspond to each of the items in the enclosed draft amendment. Attached as well is a brief summary report describing the relationship between the proposed amendments and the City's Comprehensive Plan, as required by State law. NOTE: At the recommendation of the City Attorney,staff is recommending an additional change not included in prior drafts of the amendments.The recommended additional change is to remove references to residency requirements for members of the Planning Commission and Development Review Board. The City Attorney has provided staff with an opinion that the State Statutes do not give municipalities the authority to include such requirements in their zoning ordinances. While the change is not"significant", it is the City Attorney's recommendation that the public hearing be continued for a period of 14 days to allow for public comment on the additional amendment.The proposed changes are as follows: • Remove the following from Section 17.07(B):All members of the Planning Commission shall be residents of the City of South Burlington. • Remove the following from Section 17.08(B):All members of the Development Review Board shall be residents of the City of South Burlington. Recommendation: Staff recommends the City Council hold the public hearing. If the Council wishes to make the recommended change above,the public hearing should then be continued for at least 14 days. If the Council wishes to make additional more"significant"changes to the amendments, it should direct staff to warn a new hearing on the proposed changes. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com Summary of Amendments 1. Housing Types requirements in the SEQ Brief Summary: Amendment would replace recommendation for a mix of housing"types"with a mix of housing"styles"in the Southeast Quadrant. Functional change: The DRB presently interprets the standard as requiring variety in the number of housing units in a building, and in the design of the buildings within a development.Under the amendment,there would be a clearer definition of the variety of design of buildings,and no requirement for a variety in the number of housing units in a building within a development. 2. PUDs on Small Lots/Lot Frontage requirements Brief Summary: Amendment would prohibit PUDs on lots of less than 2 acres in the following low- density residential districts: Residential-1, Residential-l-Lakeview,Residential-2, Residential-4, and Lakeshore Neighborhood, unless otherwise required by the bylaws. Amendment would also require a minimum lot width of 50' at the street in those same zoning districts. Functional change: PUDs are presently allowable in all areas, allowing for more than one principal building on a lot, and flexibility in development standards. At present there is no requirement for a lot to have a minimum width at the street(frontage). Under the amendment,PUDs would be prohibited on lots of less than 2 acres in lower-density zoning districts,and a minimum of 50'lot width would be required. This would limit"back-lot"development,and remove small clusters of homes on these lots. 3. New use category: Cannabis Dispensaries Brief Summary: This amendment would create a new land use category to permit and specify the permissible location of cannabis dispensaries in the city, as authorized under State Law. The new use would include two sub-uses: Cannabis dispensary(dispensing only).Use permitted within the following Districts: Industrial- Commercial(IC) and Industrial-Open Space(IO). Cannabis dispensary(cultivation only).Use permitted within the following districts: Commercial- 1-Residential-1 2, Commercial-1-Residential-1 5, Commercial-l-Auto, Commercial-1-Air, Central District-1,Central District-2, Central District-3, Central District-4, Allen Road, Swift Street, Commercial-2, and Industrial-Commercial(the same districts as permit retail and retail services) Functional change: This new land use is not presently defined with the regulations, but may be permissible. The addition of this use category would specifically define the land use as it is defined in state statute, and specify districts in which it is permitted.The language would also specify, as is stated under state law,that such dispensaries shall not be located within 1,000' of a pre-existing school or child care facility. 4. Planning Commission membership and duties Brief Summary: Amendment LDRs to be consistent with the City Charter. (see also note on page 1) Functional Change: None,except to ensure consistency. 2 5. Temporary Uses Brief Summary: Amendment would clarify that temporary events&tents can be undertaken by any organization for broad purposes. [Such events can take place up to twice a year,for four days each, without receipt of a zoning permit.This portion of the regulation is not proposed to be changed] Functional change: Technically, at present,the allowance for two(2)outdoor events per year with tents applies ONLY to businesses for"outdoor sales events". The amendment would clarify that non- profits and other property owners could hold such events, and that they need not be for outdoor sales. Note:this amendment was under development prior to the joint Council-Commission meeting. 6. Indoor Vehicle Storage in the Mixed Industrial-Commercial District Brief summary: Amendment would allow a minor portion of buildings in this district, up to 10,000 sq ft,to be used for seasonal vehicle storage. Functional Change: A minor portion of an industrial building could be used for long-term vehicle storage. The definition for the use specifies the nature of long-term storage, as opposed to commercial parking. 7. Seasonal Mobile Food Units Brief Summary: Would amend the review process of re-approval of existing seasonal mobile food units, streamlining the steps required of the applicant assuming no changes in operations and no prior problems. Functional Change: would allow for administrative re-approval of previously-approved seasonal mobile food units. 8. Interstate Highway Overlay Brief summary: Amendment would allow pre-existing buildings within the Interstate Overlay Zoning District to changes uses to any use allowed in the underlying zoning district. The amendment would also exempt pre-existing single-and two-family homes(of which there are a handful along Oakwood Drive)from the district. Functional Change: At present, all pre-existing buildings in the Interstate Overlay District are non- conforming AND all uses within such buildings are non-conforming.No expansions to the buildings or changes the uses within them are permitted. Under the amendment, buildings would not be able to be expanded, but the uses within them could change to any permitted within the underlying zoning district. Regarding pre-existing single-and two-family homes, at present no expansions,deck additions, or new accessory structures are permitted. This amendment would allow for these additions as elsewhere in the neighborhood. 3 Thu 3/14/2013 4:16 PM Paul & Bob: We have been asked about the validity of Development Review Board ("DRB") and Planning Commission ("PC") residency requirements set forth in the SBLDR. See SBLDR § 17.07(B) (All members of the PC shall be residents of the City of South Burlington); 17.08(B) (All members of the DRB shall be residents of the City of South Burlington). Existing Vermont statutes address the make-up of a DRB and PC. 24 V.S.A. 4322 provides that "[a]t least a majority of the members of a planning commission shall be residents of the municipality." The statute is properly read to allow non- residents to be members of a municipality's PC, while the SBLDR states that non- residents cannot be on the PC. Therefore, the PC residency requirement in the SBLDR is inconsistent with the statute and invalid. There is no similar residency provision in statute for a DRB. See 24 V.S.A. 4460(b) (appointment of ZBA or DRB members, with minimum panel size requirement but no residency provisions). However, the lack of a residency provision in statute for a DRB does not mean a municipality is free to restrict DRB membership to residents. Vermont law generally states that a municipality has only those powers and functions expressly granted to it by the Legislature, and there is a presumption against finding power granted beyond what is expressly stated. The statute authorizing municipalities to adopt land use regulations does not suggest authority to adopt residency requirements for membership on a DRB, PC, or Zoning Board of Adjustment. Thus, our opinion is that a residency requirement for DRB and PC membership must be in a municipality's charter to be valid. This approach has been taken by other municipalities. See, e.g., City of Burlington Charter, 24 V.S.A. Appendix, § 3- 130("any person appointed to serve as a member of any city commission must, except as otherwise specifically provided for herein, be a legal voter of the city at all times during his or her term of office"). The South Burlington Charter is silent as to prerequisites for appointment to the DRB and PC. See 24 V.S.A. Appendix, § 13- 307. The final question is what procedures are required to modify the SBLDR to delete the residency requirements for the PC and DRB. 24 V.S.A. 4442(b) states: (b) Amendment of proposal. The legislative body may make minor changes to the proposed bylaw, amendment, or repeal, but shall not do so less than 14 days prior to the final public hearing. If the legislative body at any time makes substantial changes in the concept, meaning, or extent of the proposed bylaw, amendment, or repeal, it shall warn a new public hearing or hearings under subsection (a) of this section. If any part of the proposal is changed, the legislative body at least 10 days prior to the hearing shall file a copy of the changed proposal with the clerk of the municipality and with the planning commission. The planning commission shall amend the report prepared pursuant to subsection 4441(c) of this title to reflect the changes made by the legislative body and shall submit that amended report to the legislative body at or prior to the public hearing. Our opinion is that the deletion from the SBLDRs of the residency requirement cannot be deemed a "substantial change" based on the opinion that the provision is invalid —i.e. "void" — as unauthorized by statute. Put another way, the proposed changes the City Council would make may be characterized as simply making the SBLDRs compliant with Vermont statutes. There would be no change in substantive land use regulations. We thus believe it appropriate to classify the changes to 17.07 and 17.08 to delete the residency requirements as "minor changes." Unfortunately the statute still requires a particular process to be observed for a "minor change": If the City Council makes the change at a hearing on the proposed amendments, then, in order to satisfy the "final hearing" requirement, it must continue the hearing for 14 days before closing the hearing on the proposed amendments. As you know, the Council must then adopt the amendments at a meeting which takes place after such final hearing. Thank you for the opportunity to review this issue. Please contact me to discuss this analysis or if we may otherwise be of further service. Best wishes, John John H. Klesch Stitzel, Page & Fletcher, P.C. 171 Battery Street P.O. Box 1507 Burlington, VT 05402-1507 Telephone: 802-660-2555 Fax: 802-660-2552 iklesch@firmspf.com Website: www.firmspf.com City of South Burlington Draft Land Development Regulation Amendments Approved by the Planning Commission 1-8-2013 Warned for City Council Public Hearing March 18,2013 Draft Amendments to Land Development Regulations Key to amendments: Proposed additions are bold and underlined Proposed deletions have a line through them NOTES FOR CLARITY ARE IN SMALL CAPITAL LETTERS 1. HOUSING "TYPE" STANDARDS IN THE SOUTHEAST QUADRANT 9.08 SEQ-NRT and SEQ-NR Subdistricts; Specific Stand rd 4-4 C. Residential Design Mix of Housing Types Styles. A mix o h fs t-yp tyles (i.e. ranch, cape cod, colonial, etc.), sizes, and affordability is encoura • yvithh neighborhoods and developments. Housing types These should be mixc•w thin blocks, along the street, and within neighborhoods rather than corn artmentalized intro sections of near-identical units. housing types. ' 9.09 SEQ-VR Subdistrict, Specific Standard, C. Residential Design (5) Mix of Housing Types Styles, minfhousing types styles (i.e. ranch, cape cod, colonial, etc.), sizes,and affordability is encouraged within neighborhoods and developments. Housing,types These should be mixed within blocks, along the street, and within neighborhoods rather than compartmentalized into sections of near-identical units. housing-types. 2. PUD LIMITS ON SMALL PARCELS / MIN ROAD FRONTAGE 3.05 Lots C. Road Frontage. In order to promote infill development while protecting the character of existing neighborhoods, no lot shall be created without a minimum of 50-ft of frontage on a public road in the following districts: R1, Rl-LV, R2, R4, and LN C D. Pre-existing small lots... 1 City of South Burlington Draft Land Development Regulation Amendments Approved by the Planning Commission 1-8-2013 Warned for City Council Public Hearing March 18,2013 D E. Corner lots... 15.02 Authority Required Review 15.02 C. Elective PUD Review. In all districts of the City, any applicant for site plan, conditional use and/or subdivision review, or any other application for land development requiring action by the Development Review Board, may request review pursuant to the PUD process and regulations, except for parcels of land less than two (2) acres inthe following districts: RI, RI-LV, R2, R4, and LN. 4-4 3. CANNABIS DISPENSARIES PREPARED BY: STAFF,BASED ON 10-9-2012 PC MEETIN 2.02 Specific Definitions Cannabis Dispensary: a nonprofit entity registered under section 18 VSA 4474e which acquires, possesses, cultivates, manufactures;transfers, transports, supplies, sells, or dispenses marijuana, marijuana-infused products, and marijuana-related supplies and educational material`'fo or to a registered.patient who has designated it as his or her center and to his or her registered caregiver for the registered patient's use for symptom relief. A dispensary shall not be located within 1000 feet of the property line of a preexisting public or private school or licensed or regulated child care facility. Cannabis Dispensary`(dispensin. u nly) A portion of a cannabis dispensary providing marijuana for symptom relief to registered patients. Cannabis Dispensary(cultivation only): A portion of a cannabis dispensary where the marijuana is cultivated. CHANGES TO TABLE OF USES: NEW USE: Cannabis dispensary (dispensing only). Use permitted within the following districts: C l-R 12, Cl-R15, Cl-Auto, Cl-Air, CD-1, CD-2, CD-3, CD-4, SW, C2, IC-TO. NEW USE: Cannabis dispensary (cultivation only). Use permitted within the following Districts: Industrial-Commercial (IC) and Industrial-Open Space (IO). 2 City of South Burlington Draft Land Development Regulation Amendments Approved by the Planning Commission 1-8-2013 Warned for City Council Public Hearing March 18,2013 4. PLANNING COMMISSION MEMBERSHIP, TERMS, DUTIES 17.07 Planning Commission A. Authorization. The City of South Burlington City Council shall ap Rijn a Planning Commission. B. Members and Terms of Office. Membership and Terms of Office for the Planning Commission are set forth in the City Charter,24 V.S.A. Apt 13-701 - • - - - All members shall be appointed by the City Council All member may be compensate .an reimbursed by the City of South Burlington for nece ary and r #sonable expense embers of the Planning Commission shall be residents of J of So urlington. • members of th • „ of r 9) members, no • Any member may be removed at ark time by a a animous ' e of the City Council.-may appointment to fill a vacancy steal . If a member relocates to another municipality before his her termf office expir-ss, ch member shall be replaced. D. Procedural Rules. se lannrng a 1n �� ion shall elect its chairman and a clerk. The Planning Commission shall keep a;record o it resolutions, transactions, and findings of fact, which shall be maintained as a publrecrd of the municipality. The Planning Commission shall adopt by majority vote of those mernrs=present and voting such rules as it deems necessary and appropriate for the performance of itsfunctions. E. Powers and Duties. The planning commission shall exercise all powers and duties as provided for in.the City Charter, 24 V.S.A. App. § 13-702. (1) P Y t1;R C t� f S th B 1' ot l consideration by the City Council and t ndmerts Development Act Title 21, Part 2, Chapter 117, subchapter 5. (2) Prepare and present to the City Council proposed bylaws and make 1 t + +1- C•+ •1 J r r vet forth in subchapter 6-of th ti o ea chµ»Ρ+ 3 City of South Burlington Draft Land Development Regulation Amendments Approved by the Planning Commission 1-8-2013 Warned for City Council Public Hearing March 18,2013 (3) Administer bylaws adopted under subchapter 6 of the abovementioned chapter, except to the extent that those functions are performed by the City of South Burlington Development Review Board. ('1) Order capacity studies and make recommendations on matters of land urban beautification and design improvements, historic and scenic preservation, the ati. o f o µ the ue, t ,-,t of« abl0 0 nu etl.,n o+ecti Data .,tL,ered by the 1aa i„g „ +h + 1 t to the geographic information system established under*V 20 shall be (5) Prepare and present a recommended capital budgend program for a period of as set forth under section 110/a of Title 21 (6) Hold public meetings. • information as relates to the work o be planning e•mmission. (8) In performance of its functions, enter uppn land mqe examinations and surveys. (9) Participate in a regional planning program. (10) Retain staff and consultant u , Lance in carrying out 4tsuties and powers. (11) Undertake comprehensive p tultOncluding relate• •reliminary planning and engineering studies. 24, Chapter 117. 5. TEMPORARY STRUCTURES & SES 3.08 Temporary Structures'and Uses E. Temporary Uses Exempt fromReview. The following uses are permitted without requiring review under this section provided such uses do not exceed the stated limits of this subsection:Uses which exceed the stated limits shall be considered to be permanent uses and, as such, are restricted by other portions of these regulations. (4) Outdoor sales events held by a business, organization, or resident on the same lot for'no more than four (4) consecutive days, two (2) times per calendar year. 6. INDOOR VEHICLE STORAGE IN MIXED INDUSTRIAL- COMMERCIAL APPENDIX C 4 City of South Burlington Draft Land Development Regulation Amendments Approved by the Planning Commission 1-8-2013 Warned for City Council Public Hearing March 18,2013 PERMITTED AS ACCESORY USE IN IC DISTRICT: Indoor vehicle storage, maximum 10,000 square feet (TO BE LABELLED AS P-ACC) 2.02 Specific Definitions: Indoor vehicle storage. Indoor facility used to store motor vehicles, such as cars, pick-up trucks, RVs, motor cycles, snowmobiles and boats, but not including aircraft or any vehicle requiring a CDL operator's license. Vehicle storage is typically seasonal, and vehicles are not typically accessible to their owners during the storage period. 7. SEASONAL MOBILE FOOD UNITS 13.22 Seasonal Mobile Food Units Seasonal mobile food units shall be subject to site planl'eview byehe Developmen eview Board and the following requirements: A. A proposed seasonal mobile food unit shall provideeviOnce of a valid Commercial Caterer License from the Vermo artment of Heal s B. A seasonal mobile food unit may had II, ary outdoor s wing for a maximum of sixteen(16) people. Temporary outdoor seat' 11 be pleed directly on the ground with no foundation or underlying structure. C. A seasonal mobile fooci'Llinq shall not b 1ermitted to-operate between the hours of 9:00 pm and 7:00 , March 30. E,D. A seasonal mobile food 't, and any a sociated seating and accessory items such as dumpsters shall be remo ' o he property at the expiry of its permit under these regulations. E. A seasonal mobile food d unit all be exempt from landscaping requirements under these regulations. F. Prior to approval of a zoning permit or renewal, a written recommendation shall be sought frorri_the South Burlington Police Department, South Burlington Fire Department, and South Burlington Department of Public Works. Said permit or renewal may be denied, if vehicular access to the property is likely to, or has, created unsafe vehicular or pedestrian traffic conditions adjacent to the property. - G. A zoning permit for a seasonal mobile food unit shall be valid for a maximum of two seven (7) months, from April 1 to October 31, after which time it expires. After the completion of the fir rr r 5 City of South Burlington Draft Land Development Regulation Amendments Approved by the Planning Commission 1-8-2013 Warned for City Council Public Hearing March 18,2013 17 H. A seasonal mobile food unit zoning permit may be renewed in subsequent calendar years at the request of the applicant. The administrative officer shall approve the renewal upon finding that all aspects of the permit and these requirements regulations have been met and in the previous year's operation of the seasonal mobile food unit to date. No such renewal shall be issued if no zoning permit was issued in the previous calendar year. J I. Any modifications to an approved site plan shall require an amendment as required by these Regulations. J K. A seasonal mobile food unit shall be exempt from Section 10 , Traf is Overlay District, of these regulations. 8. INTERSTATE HIGHWAY OVERLA 10.04 Interstate Highway Overlay District (IHO ... C. Use Standards. (1) No building of any kind, in • tructure of �,i struction such as parking facilities or lots, or tennis co ,-4,!, shall be permitted within the district, except as specifically . • d in thi ,= tion. Any use or structure granted approval win the Inte .te Highway Overlay District shall be subject to the specific provisions of this s tion. (2) The following structures and mfr ructure uses shall generally be allowed in the IHO district subject toy••4`onal use approval by the Development Review Board + t a +t, t, t; (a) Agriculture,Horticulture, at a `� o , t t' + a a the run u;s+„ ,.+ (b).. ��Public recreation paths (c) Roadways or access drives for purposes of accessing a preexisting or approved structure within the IHO district and no other reasonable provisions for access can be made. (d) Utility lines, including power,telephone, cable, sewer and water. (e) Stormwater treatment facilities and maintenance thereof, including necessary removal of vegetation and dredging. (f) Research and educational activities provided any building or structure, including parking lots or facilities, is located outside the IHO district. (g) Hydro-electric power generation (h) Municipal buildings, subject to the provisions of Section 10.03(D)below. 6 City of South Burlington Draft Land Development Regulation Amendments Approved by the Planning Commission 1-8-2013 Warned for City Council Public Hearing March 18,2013 (3) Use of nonconforming structures. Nonconforming structures within the IHO district may used for any land use allowed within the underlying zoning district, in accordance with Table C-1, Table of Uses. (3 4) Encroachment of other uses into the IHO district. The encroachment of land uses allowed in the underlying zoning district into the IHO district may be allowed by the Development Review Board as a conditional use under certain circumstances as provided below, and provided the area of encroachmentR.i. screened from view by existing or proposed landscaping and/or topography (a) The encroachment is necessary to rectify a natgtal catastrophe or for the protection of the public health, safety or welfare; (b) The encroachment is necessary for the poses of .fviding for or improving public facilities; OR ; (c) The encroachment is necessary to •rovi 1e,safe access q arcel on which a use has been approved by the DRB is ses w -re there is no fe ay j• <` alternative to the encroachment. D. Encroachment of municipal buildings in the IHO • . In portions of the IHO district where the underlying zoning district is MU-Municipal, the it. •pment Review Board may allow the encroachment of municipal face as a conditiona ub.-ct to the following standards and criteria: 'F (1) Accessory uses not directly relate s an• -ssential to the functioning of the municipal building shall not been} ttedawtl; the IHO district. (2) A finding is made by the DRB t1 he propped municipal building cannot be located outside`the tiO district b ause the following criteria are met: (a) The use must,occur in clos r .mity to another preexisting municipal building;AND (b) There is> areasonably raa ticable alternative location for the municipal building, withrs ; -xistminvestment in the site a consideration for the practicability of alternative locations; AND (c) The encroac s pis the minimum necessary to operate the proposed municipal,building. (3) The maximum extentof the encroachment shall be no more than fifteen (15) feet into the IHO district. (E). Exemption for lots with existing single or two-family dwellings. A lot containing an existing single or two-family dwelling, as of the effective date of these regulations, shall be exempt from the provisions of this Section 10.04. Notwithstanding this exemption, no additional dwelling units or new principal structures shall be permitted on such lots. Figure 10-1 Interstate Highway Overlay District 7 City of South Burlington Draft La nd Development Regulation Amendments Approved by the Planning Commission 1-8-mg Warned for City Co ma Public Hearing March 1sz g .�. I } \ r �\ \ g / LI._..�. .� . w.. . � ^ 1r 1��\ \ © �� \ \ ~ �� : , • - 8 • 6104 southburtington PLANNING & ZONING South Burlington Planning Commission Proposed Land Development Regulation Amendment Report Public Hearing Scheduled for January 8, 2013 In accordance with 24 V.S.A. §4441(c), the South Burlington Planning Commission has prepared the following report regarding the proposed amendment to the city's Land Development Regulations. Brief Description of the Proposed Amendments The South Burlington Planning Commission will hold a public hearing on January 8, 2013 in the City Hall Conference Room, 575 Dorset Street, South Burlington, VT to consider the following amendment to the South Burlington Land Development Regulations: 1. Revise "mix of housing type" standards in the Southeast Quadrant to focus on style of building; 2. Prohibit elective Planned Unit Development review on lots of less than two (2) acres in the R1, R1-LV, R2, R4, and LN zoning districts; 3. Require a minimum road frontage of 50' on lots in the R1, R1-LV, R2, R4, and LN zoning districts; 4. Permit cannabis dispensaries (dispensing only) in the C1-R12, C1-R15, C1-Auto, C1-Air, CD-1, CD-2, CD-3, CD-4, SW, C2, and IC-TO zoning districts; 5. Permit cannabis dispensaries (cultivation only) in the IC and 10 zoning districts; 6. Amend Planning Commission terms and duties to be consistent with the City Charter; 7. Amend Temporary Uses Exempt from review to include all organizations and residents, and include outdoor events, not only outdoor "sales" events; 8. Adjust re-approval process for previously-approved Seasonal Mobile Food Units to allow for administrative re-approval; 9. Allow for changes of use to all those allowed within the underlying zoning district for pre-existing buildings within the Interstate Overlay District; and, 10. Create a new use category for "indoor vehicle storage" permitted as an accessory use in the Mixed Industrial-Commercial District 11. Technical corrections related to the above amendments. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com Findings Concerning the Proposed Amendment The proposed amendments have been considered by the Planning Commission for their consistency with the text, goals, and objectives of the City of South Burlington's Comprehensive Plan, last adopted March 9, 2011. For each of the amendments, the Commission has addressed the following as enumerated under 24 VSA 4441(c): "...The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal: (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. (2) Is compatible with the proposed future land uses and densities of the municipal plan. (3) Carries out, as applicable, any specific proposals for any planned community facilities." 1. Revise "mix of housing type" standards in the Southeast Quadrant to focus on style of building; (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing The proposed amendment advances the Plan's recommendation to have different types of housing, defined as styles. The amendment continues to allow for a variety of housing types, defined as single-family, duplex, and multi-family housing, but does not specify whether these are recommended to be mixed within individual developments. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendments are not anticipated to affect future land uses or densities. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments are not anticipated to affect planned community facilities. 2. Prohibit elective Planned Unit Development review on lots of less than two (2) acres in the R1, R1-LV, R2, R4, and LN zoning districts; (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing The proposed amendments advance goals of protecting existing neighborhoods from incompatible development. The amendment may affect the ability for some small 2 properties to build a second house in the rear or side of an existing house, or for small- lot "cottage housing" to be built as a PUD. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendments are not anticipated to affect future land uses or densities. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments are not anticipated to affect planned community facilities. 3. Require a minimum road frontage of 50' on lots in the R1, R1-LV, R2, R4, and LN zoning districts; (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing The proposed amendments advance goals of protecting existing neighborhoods from incompatible development. The amendment may affect the ability for some small properties to build a second house in the rear or side of an existing house, or for small- lot "cottage housing" to be built as a PUD. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendments are not anticipated to affect future land uses or densities. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments are not anticipated to affect planned community facilities. 4. Permit cannabis dispensaries (dispensing only) in the C1-R12, C1-R15, C1-Auto, C1-Air, CD-1, CD-2, CD-3, CD-4, SW, C2, and IC-TO zoning districts; (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing The proposed amendments are consistent with the Plan's goals of providing for diverse land uses and needs within the community. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendments are not anticipated to affect future land uses or densities. 3 (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments are not anticipated to affect planned community facilities. 5. Permit cannabis dispensaries (cultivation only) in the IC and 10 zoning districts; (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing The proposed amendments are consistent with the Plan's goals of providing for diverse land uses and needs within the community. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendments are not anticipated to affect future land uses or densities. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments are not anticipated to affect planned community facilities. 6. Allow for changes of use to all those allowed within the underlying zoning district for pre- existing buildings within the Interstate Overlay District; (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing The proposed amendments are consistent with the goals of the Comprehensive Plan to allow for orderly development and use of properties. The amendment may allow in some instances for housing to located in buildings that previously did not permit them. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendments are not anticipated to affect future land uses or densities. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments are not anticipated to affect planned community facilities. 7. Amend Planning Commission terms and duties to be consistent with the City Charter; 8. Amend Temporary Uses Exempt from review to include all organizations and residents, and include outdoor events, not only outdoor "sales" events; 4 9. Adjust re-approval process for previously-approved Seasonal Mobile Food Units to allow for administrative re-approval; 10. Create a new use category for "indoor vehicle storage" permitted as an accessory use in the Mixed Industrial-Commercial District 11. Technical corrections related to the above amendments. For each of the above five (5) amendments, the proposed minor changes are consistent with the Comprehensive Plan, have no anticipated effect on housing availability, are compatible with uses and densities in the Plan, and have no anticipated effect on planned communities facilities. 5 City of South Burlington Fire Prevention and Fire Safety Ordinance Section 1. Authority This ordinance is enacted pursuant to the authority granted to the City under 20 V.S.A. § 2736, 24 V.S.A. Chapter 59, and § 13-103 of the South Burlington City Charter. As authorized by 20 V.S.A. § 2736(a), the Commissioner of the Department of Public Safety has assigned responsibility to the City for enforcement of certain rules and standards adopted under 24 V.S.A. § 2731(a), as described in a Cooperative Inspection and Plan Review Agreement between the State of Vermont and the City of South Burlington, dated , 2013. This ordinance shall be a civil ordinance within the meaning of 24 V.S.A. § 1971. Section 2. Purpose This ordinance is intended to reduce, and insofar as possible, eliminate the hazards to persons and property by fire and explosion within the City of South Burlington and,thereby, promote the public health, safety, welfare and convenience. Section 3. Definitions Except as provided herein, the definitions contained in the Vermont Fire&Building Safety Code, as amended from time to time by the State of Vermont, Division of Fire Safety, and in the nationally recognized safety standards referenced therein, adopted by reference in Section 4, below, shall apply to this ordinance. For the purpose of this ordinance,the definitions contained in 20 V.S.A. § 2730, including, without limitation, the definition of"public building," shall also apply to this ordinance. In addition, the following terms shall have the specific definitions set forth below: Authority Having Jurisdiction shall mean those individuals responsible for enforcing the requirements of the Vermont Fire and Safety Code pursuant to a Cooperative Inspection and Plan Review Agreement between the State of Vermont and the City of South Burlington. City shall mean the City of South Burlington. City Council shall mean the legislative body of the City of South Burlington. Cooperative Inspection and Plan Review Agreement shall mean the legal document that assigns responsibility for inspection and enforcement of the Vermont Fire and Building Safety Code to the City and its Fire Department. Deputy Fire Chief shall mean the individual appointed by the City Manager, in consultation with the Fire Chief, and with the consent of the City Council,to assist the Fire Chief in the management of the Fire Department and all of its functions. Dwelling Unit shall mean a building or portion thereof designed, used, constructed or occupied as separate living quarters for one (1) household which includes independent and exclusive cooking, sleeping, and sanitary facilities for a household, and direct access to the unit from the outside of the building or through a common hall. Useless the context indicates otherwise,this term may include single(one) family,two family, multi-family,townhouse or row-house dwellings. Fire Chief shall mean the individual appointed by the City Manager,with the consent of the City Council,to manage the Fire Department and all of its functions. Fire Department shall mean the South Burlington Fire Department. Fire Marshal shall mean the individual appointed by the City Manager with the consent of the City Council,to manage the fire inspection and fire prevention functions of the Fire Department. IBC shall mean the International Building Code, a nationally recognized code that details the minimum requirements to which a building or structure shall be constructed,renovated, or altered. This code is adopted via legislative authority by state and municipal governments. NFPA shall mean the National Fire Protection Association,the organization that creates consensus documents that are nationally recognized and contain minimum-requirement fire prevention codes and standards for the protection of life and property. These requirements are adopted via legislative authority by state and municipal governments. Public Building shall have the same meaning as defined in 20 V.S.A. §2730. Vermont Fire& Building Safety Code(the"Code") shall mean the comprehensive document comprised of state and nationally recognized codes and standards for public safety from fire, explosions, and dangerous substances, adopted by the State of Vermont pursuant to 20 V.S.A., Chapter 173. Qualified Firefighter shall mean a firefighter who has received training and instruction in the Code and its enforcement. Section 4. Fire Code Adoption by Reference (a)Except as otherwise provided herein,the Code, as amended from time to time by the State of Vermont, Division of Fire Safety, and all of the nationally recognized safety standards referenced therein, as amended from time to time by their promulgating authorities, and as further modified and amended by the Code, are hereby adopted by reference. (b)Specifically excluded from the above-referenced adoption by reference are any and all provisions of the Code pertaining to Boiler and Pressure Vessel Inspection(Code Section 6), Access Board Rules, and any and all provisions addressing electrical or plumbing rules and standards. (c) The provisions of this ordinance shall not be construed to abrogate or annual the provisions of other ordinances or regulations or to impair private restrictions placed upon property. In the event there is a conflict between a provision of this ordinance and a provision of any other ordinance or regulation of the City,the more restrictive provision shall apply. Section 5. Appointment of the Fire Marshal The South Burlington City Council shall appoint the Fire Marshal upon recommendation of the City Manager. Section 6. Powers and duties of the Fire Marshal The Fire Marshal shall have and exercise all the powers of an AHJ in making the inspections required in this chapter and shall report his or her findings to the Fire Chief. Section 7. Revocation of appointment The City Manager may revoke the appointment of the Fire Marshal,for cause,at any time. Section 8. Assistant Fire Marshal(s) As needed,the City Manager,upon recommendation of the Fire Chief,may appoint any qualified firefighters as Assistant Fire Marshal(s). All Assistant Fire Marshals shall be subject to the order and direction of the Fire Marshal in connection with the inspection of public buildings,review of plans,and other duties and functions undertaken pursuant to the Cooperative Inspection and Plan Review Agreement. The Fire Chief,Deputy Fire Chief or Fire Marshal may revoke the appoint of an Assistant Fire Marshal at any time and without cause. Section 9. Fire Marshal to make inspections of buildings: As appropriate, the Fire Marshal or Assistant Fire Marshal shall make a careful inspection of any public buildings and premises within the City of South Burlington. Upon report of a citizen's complaint or at the request of an AHJ shall inspect any building or premises complained of as being unsafe or hazardous,or containing unsafe or combustible material. Section 10. Fire Marshal to be permitted entry into premises For the purpose of inspecting buildings and carrying out other responsibilities under this ordinance,the Fire Marshal or Assistant Fire Marshal may,at all reasonable times,have access to and enter into any land,premises,and buildings in the City. However,prior to entering a one and two family dwelling,where the dwelling unit is wholly owner occupied,the Fire Marshal or Assistant Fire Marshal shall first obtain the consent of any owner of the dwelling. Where permission to enter is granted,the provisions of this ordinance shall apply. Where permission to enter an owner-occupied one or two family dwelling is refused,the Fire Marshal or Assistant Fire Marshal shall seek a warrant or other authorization provided by law prior to entry,except in those instances where the Fire Marshal or Assistant Fire Marshal reasonably determines that an emergency situation exists. Upon request,the Fire Marshal or Assistant Fire Marshall,when making an inspection,shall provide the owner or occupant of such buildings or premises with proper identification. Section 11. Refusal to permit entry Except as provided above, no person shall refuse to allow the Fire Marshal or Assistant Fire Marshal to enter upon or into his premises or buildings, at a reasonable time, for the purpose of carrying out his or her responsibilities under this ordinance. Furthermore,no person shall attempt to prevent any inspection required by this ordinance, or obstruct such official in carrying out the provisions of this ordinance. Section 12. Inspections (a) General Fire Inspections: General fire inspections of public buildings shall be conducted by the Fire Marshal, Assistant Fire Marshal or other duly authorized personnel. (b) Violation Notices: Upon finding any violation of the Code or other rules or standard adopted under this ordinance,the Fire Marshal or Assistant Fire Marshal shall provide a written notice to the property or business owner or their designee, and a reasonable amount of time, as defined by the State Hazard Index, shall be provided for the violation(s)to be corrected.Nothing in this section shall preclude an issuing municipal official from issuing a municipal complaint, or the City from seeking criminal charges, or initiating any other legal actions authorized under this ordinance or otherwise provided by law. (c)Re-inspection Fees: There is no charge for the initial inspection or the first re-inspection if all violations are corrected. If the owner fails to correct the violations at the time of the first re-inspection, the owner shall be responsible for a re-inspection fee, as prescribed by the applicable fee schedule, for this and any subsequent re- inspections, due and payable at the beginning of the second or subsequent re-inspection. Until all fees are paid,the violations shall not be considered abated, and are subject to further penalties or legal action. Failure to pay the re-inspection fees in the time required is a violation of this ordinance. (d)Time of Sale Inspection: (1) Upon request by an owner, agent, attorney or lender prior to the transfer of property, the Fire Marshal or Assistant Fire Marshal will conduct, subject to available resources, a "time of sale inspection" for a public building to insure a reasonable level of occupant safety prior to the sale of the property. Any such request for inspection shall be submitted in writing, and shall include any proposed closing date. (2) All violations identified during a time of sale inspection shall be corrected prior to occupancy of the property that has been transferred as a result of the sale. (3)Any party requesting a time of sale inspection shall pay the fees set forth in the applicable fee schedule. (4)The inspection fee shall apply to the property for the initial inspection and one re- inspection. (5)Any additional re-inspections shall be subject to a re-inspection fee as prescribed in the fee schedule for each subsequent visit,prior to the commencement of the inspection. (6) A time of sale inspection shall be valid for the period of one year from the date of inspection or for one transfer of ownership, unless subsequent transfers of ownership are to an affiliated person or entity, in which case the inspection shall continue to be valid for one year from the date of inspection. (e) Inspections for the Sale or Consumption of Alcohol: To the extent consistent with or as required by any rules of the State Liquor Control Board, any public building in which alcohol is offered to the public for consumption or sale shall have a valid fire safety inspection completed prior to the issuance of the State license. (f) Public Assembly Occupancy Load Certificates shall be required for all public buildings in which alcohol is served that have a total occupancy capacity of 50 or more patrons and staff (d) Lien All expenses, fees, costs or charges assessed pursuant to this section shall also be a lien upon the real estate,which may be enforced in the same manner as a tax lien under 32 V.S.A. § 5061 provided the lien is duly recorded in the office where the land records are kept. Section 13. Construction Permits&Plan Review (a) The owner of a public building, or a designated representative of the owner, shall obtain a construction permit before commencing any construction, addition, alteration, demolition or the installation of fixed building equipment at the building site unless waived by the AHJ. (b) Additionally, all construction projects requiring installation of a fire alarm, fire suppression system, or other fire protection system shall require a separate permit prior to installation of the system. (c) To obtain a construction permit an applicant shall provide legible construction documents related to the work and equipment under consideration. As appropriate, construction plans and documents shall be prepared by a registered design professional, stamped and signed, where required by 26 V.S.A. Chapters 3 and 20. Such plans shall otherwise comply with the requirements of Section 7 of the Code. Fire prevention, protection, and alarm system plans shall include a floor plan with device locations, a wiring riser diagram, a complete equipment list and specifications, the type of occupancy proposed, known hazards and/or unusual building features, and any other information required by the Code. (d) Without limiting any of the foregoing, project plans shall also be submitted to the Fire Marshal for approval prior to undertaking any of the following: i. Whenever new equipment is installed in a public building; ii. Changes to a places of assembly, including bars and restaurants; iii. Construction of tents or other temporary structures for public use over 1,200 square feet in size; iv. Construction or erection of grandstands or bleachers; v. Any activity involving the use of hazardous processes, such as spraying flammable liquid, explosives storage or manufacturing or flammable liquid storage. (e) The Fire Marshal shall review plans, make inspections, and issue a permit for the system within 30 days of plan submission,which period may, upon notification to the applicant, be extended. Plans for systems with contracted costs valued at less than twenty thousand dollars ($20,000) may be eligible for an expedited process. The Fire Marshal's schedule shall dictate the availability of this service. Plans accepted for this expedited process will be reviewed within ten (10) business days. Plans may be approved, rejected or be required to be amended for compliance with this Ordinance and the Code. No plan shall be approved or permit issued unless all fees have been paid and all conditions satisfied. The period for review shall not commence until all required documents have been received by the Fire Marshal. (f) A tent permit shall be required for any tent larger than two hundred(200) square feet erected on public property or in the public way. Any tent one thousand two hundred (1,200) square feet or larger,regardless of location,shall require a tent permit. Section 14. Suspension and Revocation of Permits and Stop Work Orders The Fire Marshal's Office may suspend permits, issue a stop work order and/or order a property vacated where a threat to public safety or other exigent circumstance exist. Such permits may be revoked and future permits denied when a individual, partnership, firm, corporation, or other legal entity is convicted of multiple violations of the fire code, ordinances, or otherwise demonstrates a pattern of incompetence. The failure to stop work when so ordered shall be a violation punishable pursuant the provisions of this ordinance and applicable law, including 20 V.S.A. § 2734, as amended from time to time. Section 15. Occupant load certificate (a) Annual inspection. On an annual basis, the Fire Marshal's office shall inspect any occupancy or premises involved in the sale of alcohol and/or each place of assembly in the City to determine the maximum number of occupants that should be permitted at each location as determined by the capacity and egress requirements of this ordinance and the Code. For purposes of this section, a place of assembly is defined as a room or space, including all connected rooms or spaces with a common means of egress, accommodating fifty (50) or more individuals, for civic, social or amusement purposes or for the consumption of food and drink. (b) Posting of certificate. Every occupancy or premises and place of assembly referenced above obtain a certificate from the Fire Marshal's office stating the maximum number of occupants permitted at the site. The business and/or property owner shall be responsible for installing the certificate in a conspicuous public location at the site and shall be responsible for the proper maintenance of the certificate. Section 16. Smoke Detectors Each and every building or structure where people routinely sleep, including owner- occupied one and two family residences, shall meet the following requirements for smoke detectors/alarms: (1) Smoke detectors/alarms shall be installed in the following, areas: a. In every sleeping room or area; b. Outside every sleeping room or area in the immediate vicinity of the sleeping room or area; and c. On all levels of the building or structure, includes basements but excluding crawl spaces and unfinished attics. d. Notwithstanding the above installation locations, detectors/alarms shall not be located within kitchens or garages or in other spaces where temperatures can fall below forty(40) degrees F (four(4) degrees C) or exceed one hundred(100) degrees F (thirty-eight(38) degrees C). Detectors/alarms shall not, unless specifically listed for the application, be located closer than three(3) feet(0.9 m) horizontally from: 1. The door to a kitchen. 2. The door to a bathroom containing a tub or shower. 3. The supply registers of a forced air heating or cooling system or the immediate airflow from those registers. (2) Smoke detectors/alarms shall receive their operating power from the building or structure's electrical system (A/C)and from a battery(D/C)when the building electrical system power is interrupted. (3) Smoke detectors/alarms within each dwelling or rooming unit shall be interconnected so smoke detected by one smoke detector will sound the alarms of all detectors within that dwelling or rooming unit. (4) Smoke detectors/alarms shall be approved or listed by a nationally recognize testing or listing agency for the purposes for which they are intended. (5) Smoke detectors/alarms shall be properly installed and shall be maintained in good working condition. (6) Wireless interconnected smoke alarms shall be acceptable in wholly owner-occupied one and two family residences (i.e.,residences with no non-family occupants). Effective date: Unless an extension is granted by the South Burlington Fire Marshal's Office,the provisions of this section shall take effect on January 2, 2014 or at the time of any transfer of ownership, if such transfer is completed prior to January 2, 2014. Section 17. Carbon monoxide(CO) detectors (a) Carbon monoxide detectors which are UL 2034 listed or approved by a nationally recognized independent testing laboratory shall be installed in all new and existing buildings in which people routinely sleep, including where people rent accommodations whether for overnight or for a longer term, condominiums, multiple unit dwelling, and other occupancies in which there are rooms or spaces in which sleeping is permitted, including single and two family owner-occupied houses and premises. Such installation shall be in the vicinity of the sleeping areas and on every floor of the dwelling, installed in accordance with the manufacturer's instructions and state law. (b) CO alarms within each dwelling or rooming unit shall be interconnected so that CO detected by one CO detector sounds the alarms of all CO detectors within that dwelling or rooming unit. (c) The owner of all existing buildings in which people sleep, including where people rent accommodations whether for overnight or for a longer term, condominiums, or multiple unit dwelling, after the effective date of this section, shall install either a combination smoke detector/carbon monoxide detector device or a combination system providing smoke and carbon monoxide detection and alarm. Such installation shall be in the vicinity of the sleeping areas and on every floor of the dwelling, installed in accordance with the manufacturer's instructions and state law. (d) The seller of a residential dwelling transferred by sale or exchange shall certify to the buyer that the dwelling is provided with the carbon monoxide detectors required in subsection (a). This certification shall be signed and dated by the seller and filed in the City's Land Records at the time of recording the transfer. If the buyer notifies the seller within ten days by certified mail from the date of conveyance that the dwelling lacks a carbon monoxide detector or that the detector is not operable,the seller shall comply with this section within ten days of notification. Section 18. Standpipes Required All new buildings having three floors or more and/or having 10,000 net square feet per floor, shall have a minimum of a Class I,manual wet standpipe installed for firefighter use. Section 19. Sprinkler Floor Control Valves required All new buildings having an NFPA compliant sprinkler system, and three floors or more and/or having 4000 net square feet per floor, shall have sprinkler zone control valves that allow immediate access to control/shutoff sprinklers discharging during a fire within the compartment. These zone control valves shall be clearly labeled. Section 20. Stairwell Identification All new and existing building shall have stairwell marking denoting floor served and geographical location within the building and comply with the marking standard found in NFPA 1. Section 21.Elevators The following standards shall be met on all elevators installed or permitted after the effective date of this ordinance: j (1)Dimension: All new elevator installations shall comply with the applicable elevator code adopted by the State of Vermont. Notwithstanding the applicable code adopted by the State, elevators shall have minimum interior finished dimensions of eight feet by four feet and have an unrestricted door opening of not less than four feet. (2)In existing elevator banks,the stretcher compliant elevator(s) shall be marked by a 3" retro-reflective star of life on the latch side of the elevator lobby door frame. Section 22.Compliance with codes required: (a) All fire protection, prevention, and alarm systems shall comply with the Vermont Fire and Building Safety Code,in effect at the time of installation. (b) In the event there is a conflict between the provisions of the Code adopted by reference in this section and the provisions of this ordinance,the more restrictive standard shall apply. Section 23.Fire Alarm System Malfunctions: (a) Defined. For the purposes of this section, a malfunction is defined as the failure of a fire alarm system to operate in the normal or usual manner due to improper installation or maintenance, mechanical defect(s) in the system, or that results in the transmittal of a false alarm signal to the South Burlington Fire Department during maintenance or construction. (b) Response Fee. A response charge as prescribed in the applicable fee schedule shall be imposed for a false alarm due to a system malfunction. (c) If a false alarm is generated through no negligence of the owner, the response fees may be waived by the Fire Chief,Deputy Fire Chief, or City Manager for due cause.The owner shall provide a written waiver request to the Fire Chief or Deputy Fire Chief within fifteen (15) days of the billing date, with an explanation of the basis for the requested waiver. The Fire Chief,Deputy Fire Chief,or City Manager will review and approve or disapprove the request within five(5) business days from the date of request receipt and notify the requesting party in writing. Section 24.Damage to Fire Protection Systems and Equipment: No person shall destroy, deface or in any way damage any fire protection or life safety system, or any part thereof so as to prevent or delay its proper or timely use of, fire protection systems, fire department connections or hydrants. Section 25.Intentional False Alarms: (a) Any intentional misuse of a fire protection system that results in a false fire alarm from a property shall be a violation of this ordinance and subject to all fines, penalties and other remedies available to the City by law. Such intentional misuse of a fire protection system may also be subject to criminal prosecution under applicable statutes of the State of Vermont. In addition, the property owner may be held responsible for all costs to the City incurred in responding to such alarm. (b) Alarms generated by contractors performing work or testing alarm systems shall be deemed an intentional false alarm unless the contractor first notifies Fire Department dispatch of the date and time when such work or testing will occur. (c) No person shall intentionally report or cause to be reported a false alarm. Any intentional report of a false alarm shall be a violation of this ordinance and subject to all fines, penalties and other remedies available to the City by law. Such false report may also be subject to criminal prosecution under applicable statutes of the State of Vermont. In addition, the offending party may be held responsible for all costs to the City incurred in responding to such false report. Section 26. Master FACP Key: (a)All buildings having a fire alarm system shall utilize a CAT 30 lock assembly to secure the main fire alarm panel.Any proprietary remote Annunciator keys that are part of the FACP-UL listing for the remote annunciator,shall be kept in the required FD Key vault. (b) Existing fire alarm control panels and remote annunciator access keys shall be converted to this standard within one year of the effective date of this ordinance during the required annual test and inspection performed by a third party on the owner's behalf. Section 27. Fire Department Access Key Vault: (a) All buildings having a fire protection system(s) shall be required to install key boxes. Existing buildings not currently in compliance shall comply with this requirement within one year of the effective date of this ordinance. (b) The building owner shall be required to install in the key box all master keys to offices, electrical rooms,elevator equipment and all keys needed to reset fire alarm system. (c) If requested by the Fire Department, building owners shall be required to supply additional sets of keys as needed by the Fire Department to allow more than one team of firefighters to have access to areas of the building. (d) If requested by the Fire Department, more than one key vault may be required to facilitate multiple points of entry in large facilities. (e) The key vault shall be mounted on the pull side of the Fire Department access door, within three feet(3') horizontally of the door, at a vertical height of five feet(5') as measured from the access door threshold. (f) There shall be a minimum of two complete sets of access key stored in the key vault.The property owner shall be responsible for providing the master keys and shall update the access key in the vault when the locks are changed. (g) As the key vault capacity is limited,the owners shall key all locks to a master core assembly of their choosing. Section 28. Radio Coverage in Structure and Buildings. (a) General. Except as otherwise provided herein, no individual,partnership, corporation, or other legal entity shall maintain, own, erect or construct any building or structure (or cause the same to be done)which is used for commercial, multi-family, or institutional use, in whole or in part, which fails to support adequate radio coverage to the Fire Department. (b) For purposes of this section, adequate radio coverage shall include all of the following: A.A minimum signal strength of-101 Dbm available in ninety-five percent of the area of each floor of the building when transmitted from the public safety radio communications system;and B. A minimum signal strength of-101 Dbm received at the public safety radio communications system when transmitted from ninety-five percent of the area of each floor of the building,via portable radio with public safety microphone. (c)Channel Performance Criterion(CPC). CPC is the minimum performance level in a faded channel, per TSB-88, clause 4.2. TSB-88 is a "Telecommunications Systems Bulletin" published by the TIA, Telecommunications Industry Association. The performance level is rated using "Delivered Audio Quality." Industry standard DAQ definitions are shown in Table 1,below. A DAQ level of 3 is the minimum performance level which shall be attainable by public safety radio systems in ninety-five percent of the area of each floor of a building subject to this chapter. Table 1 -DELIVERED AUDIO QUALITY DEFINITIONS DAQ- Delivered Audio Quality Subjective Performance Description: 1 Unusable, speech present but unreadable. 2 Understandable with considerable effort.Frequent repetition due to noise/distortion. 3 Speech understandable with slight effort. Occasional repetition required due to noise/distortion. 4 Speech understandable with repetition only rarely required. Some noise/distortion. 5 Speech easily understood. Occasional noise/distortion. 6 Speech easily understood. Infrequent noise/distortion 7 Speech clearly understood (d) The frequency range must support the fire department radio frequencies from the communications base stations, and the public safety radio communications base stations. (e)The fire department may alter necessary frequencies or signal strengths due to changes in technical specification for public safety radio requirements. In such event, any frequency changes shall be reported to the City Council and approved as amendments to this ordinance as soon as is practicable. Section 29. Testing: (a) Initial Tests. Officials of the Fire Department or their designees shall perform initial radio coverage tests. A certificate of occupancy shall not be issued to any new structure if the building fails to comply with this section. (b)Annual Tests. Fire department personnel or their designees shall thereafter conduct annual radio coverage tests. Section 30.Amplification systems allowed (a) Buildings and structures which cannot independently support the required level of radio coverage shall be equipped with any of the following in order to achieve the required adequate radio coverage: a radiating cable system or an internal multiple antenna system with or without FCC type-accepted signal booster amplifiers as needed. If any part of the installed system or systems contains an electrically powered component,the system shall be capable of operating on an independent battery and/or generator system for a period of at least twelve hours without external power input. Any battery system employed shall automatically recharge in the presence of an external power input. (b)The installation of equipment as indicated above shall not have a detrimental effect on the operation of the public safety radio system. (c) In the event that a signal booster is employed it shall be fully encased within a dust and water resistant case. Section 31. Field testing The Fire Department, after providing reasonable notice to the owner or his or her representative, shall have the right to enter onto the property to conduct field testing to determine whether the required level of radio coverage is present. Section 32. Special events/festivals. The promoter of any special event or festival or, in the absence of any promoter,the owner of the land on which any special event or festival is to be conducted shall notify the Fire Department of the event or festival at least ten (10)business days in advance of the event or festival, Such promoter or owner shall comply with the requirements of this ordinance and such other requirements as the Fire Marshal shall impose, including maintenance of adequate fire lanes and the location and size of all fire lanes, booths, stages, and other structures and equipment. The South Burlington Fire Department is charged with sole responsibility of providing fire protection and EMS coverage for such events in the City. (a) Any special event or festival with an attendance of 1,000 persons or more shall be required to provide South Burlington Fire/EMS personnel specially and exclusively assigned to the event. The promoter of the event or owner of the land involved shall be responsible for the reasonable costs of this additional coverage. The number of firefighters/EMTs and the time required for staffing shall be set by the Fire Department based on an assessment of the event and the location,weather,time, traffic impact, availability of alcohol, history of the event, or other identifiable safety factors,taking into account the requirements of the adopted fire codes and the SFPE Fire Protection Handbook. The promoter or owner shall secure a signed staffing agreement with the Fire Marshal or designee not less than seven(7)business days prior to the event. (b) Depending on the type of special event or festival, and taking into account the factors listed in subsection (a)of this section,the Fire Marshal may require fire and/or EMS coverage even if attendance is projected to be less than 1000 persons. Section 33.Reward for information resulting in conviction of persons burning property The City Council may offer a reward of not more than one thousand dollars($1,000.00) for information which shall result in the detection and conviction of any person guilty of the illegal burning of property in the city. Section 34.Removal of fire hazard: (a)The Fire Chief or his designee may direct the owner or occupant of any building or premises to abate any unsafe condition, move to a place of safety, remove any unsafe or combustible materials which in his or her opinion shall expose the building or the surrounding or adjacent buildings or property to unnecessary hazard. The Fire Chief or his designee may also direct an owner or occupant to clear away from his building or premises debris or other materials resulting from fire, windstorm or other catastrophe within a reasonable time after the occurrence of such fire, storm or catastrophe. Failure to comply with a direction of the Fire Chief or his designee shall be a violation of this ordinance. (b)The Fire Chief or his designee may request the immediate assistance of any city department or agency with which the City has an local or mutual aid agreement to assist in the abating or mitigating of any unsafe condition. All City departments and officials shall respond in an expeditious manner when called upon by the Fire Chief. (c) All costs to abate or mitigate the hazard shall be borne by the property owner. Section 35. Order to Evacuate: (a) The Fire Chief or his designee may direct any owner or occupant of any building, land or premises to move to a place of safety during a fire or other emergency. (b) Failure to comply with this order shall be a violation of this ordinance. Section 36.Enforcement and Penalties Any person who violates a provision of this civil ordinance shall be subject to a civil penalty of up to $800 per day for each day that such violation continues. Firefighters and police officers of the City of South Burlington shall be authorized to act as Issuing Municipal Officials to issue and pursue before the Judicial Bureau or other appropriate judicial body a municipal complaint. (a) Waiver Fees—An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fees: First Offense- $100 Second Offense- $200 Third Offense - $300 Fourth Offense and Subsequent Offense - $400 Offenses will be counted on an annual basis in conjunction with the calendar year. (b) Civil Penalties First Offense- $200 Second Offense- $400 Third Offense - $600 Fourth Offense - $800 Offenses will be counted on an annual basis in conjunction with the calendar year. (c) In addition to the recovery of civil penalties provided for above,the City may seek to enforce this ordinance by an appropriate action for injunctive relief. Further, nothing herein shall be construed to limit other rights,remedies or penalties available by law, including under Chapter 173 of Title 20,V.S.A. Section 37. Fees All fees to be paid to the City under this ordinance, including but not limited to fees for permits, plan review and inspections, shall be as prescribed in the applicable fee schedule (Schedule A, attached hereto), which may be amended from time to time by majority vote of the City Council. Adopted this day of , 2013. SOUTH BURLINGTON CITY COUNCIL South Burlington Fire Prevention and Fire Safety Ordinance Fee Schedule Schedule A Note: With the exception of civil penalties resulting from a municipal complaint, all payments due under the South Burlington Fire Prevention and Fire Safety Ordinance shall be made to the City of South Burlington and are payable by check, money order, or credit card. Waiver penalties and fines assessed as a result of a municipal complaint shall be paid in accordance with applicable Judicial Bureau procedures. Fees: (a)The Fire Marshal's Office shall receive the following fees for construction permit plan review, inspections, re-inspections and other matters under the City's Fire Prevention and Fire Safety Ordinance: Construction Permit Plan Review: $8.50/$1000 of the total valuation of the construction work proposed to be done for all buildings. In no event shall the permit plan review fee exceed $300,000 nor be less than$50. Specialty Suppression system: $11/$1000 of the total cost(parts& labor) of the specialty suppression system. Hood suppression systems: $40/$1000 of the total cost(parts & labor) of the hood suppression system. Sprinkler plan review: $18/$1000 of the total cost(parts& labor) of sprinkler system. Standpipe system: $33/$1000 of the total cost(parts& labor)of the standpipe system. Fire pump: $7/$1000 of the total cost(parts& labor)of the fire pump system. Fire Alarm systems: $31/$1000 of the total cost(parts& labor)of the fire alarm system. Tent Permit fees: Tents installed in public areas,with a tent foot print of 200-1199 square feet are subject to a fee of$50. Any tent with a tent foot print of 1200 square feet or greater shall be subject to a fee of$165. Time of Sale Inspections: Any party requesting a time of sale inspection for residential or commercial properties shall pay the following fees: 1. For buildings containing one or two dwelling units, a fee of$125. 2. An additional charge of$50 for each unit over the second unit in the building. 3. The person requesting the inspection shall prior to, or at the commencement of the inspection, shall make payment in either a check or money order payable to the City. 4. The inspection fee shall apply to the property for the initial inspection and one(1) re- inspection. 5. Any additional re-inspections shall be subject to a seventy five dollar($75)re-inspection fee for each subsequent visit, payable prior to the commencement of the inspection. Permit or Plan Amendments: (a) Construction Permit Plan Amendment. The fee for the review of an amendment to a construction permit plan shall be as prescribed above, per amendment, for Construction Permit Plan Review plus 1% of any increase in the net cost of the final contracted costs of the system (b) Specialty Suppression System Plan Amendment. The fee for the review of an amendment to a specialty suppression system plan shall be as prescribed shall be as prescribed above, per amendment, for Specialty Suppression System Plan Review plus 1% percent of any increase in the net cost of the final contracted cost of the system. (c) Hood Suppression System Plan Amendment. The fee for the review of an amendment to a hood suppression system plan shall be as prescribed above, per amendment, for Hood Suppression System Plan Review plus 4% of any increase in the net cost of the final contracted cost of the system. (d) Fire Sprinkler System Plan Amendment. The fee for the review of an amendment to a fire sprinkler system plan shall be as prescribed above, per amendment, for Fire Sprinkler System Plan Review plus 2%of any increase in the net cost of the final contracted cost of the system. Exception: Residential sprinkler systems (NFPA 13R) installed in residential properties of less than five (5) units shall have this fee waived unless an expedited permit is requested. (e) Fire Alarm System Plan Amendment. The fee for the review of an amendment to fire alarm system plan shall be as prescribed above, per amendment, for a Fire Alarm System Plan Review plus 3% of any increase in the net cost of the final contracted cost of the system. , (f) Standpipe System Plan Amendment. The fee for the review of an amendment to a standpipe system plan shall be as prescribed above, per amendment, for a Standpipe System Plan Review, plus 3% of any increase in the net cost of the final contracted cost of the system. (g) Fire Pump System Plan Amendment. The fee for the review of an amendment to a fire pump system plan shall be as prescribed above, per amendment, for a Fire Pump System Plan Review, plus 1% of any increase in the net cost of the final contracted cost of the system. (h) In addition to the foregoing amendment fees, including any percentage increases, any permit or plan requiring an amendment shall be charged a minimum administrative fee of $50. Phased-Installation Inspection Fees: An additional fee of 12%of the total fire protection system cost shall be charged when a permittee requests to phase in necessary components of a fire protection system and inspections are required to be conducted for each phase. Re-inspection fees: A fee for failure of the first: re-test/re-inspection or subsequent inspection, the witnessing a second or subsequent retest of any fire protection,prevention, or alarm system or the re-inspection of a system or any part thereof beyond the rough-in inspection and the final inspection shall be charged at a rate of seventy-five dollars($75.00) per hour per inspector. This fee shall be paid by installing owner/contractor prior to any re-inspection/retest. Expedited permit fee: Some permits may be eligible for an expedited process. The Fire Marshal's schedule shall dictate the availability of this service. Plans for systems with contracted costs valued at less than twenty thousand dollars ($20,000.00)may be reviewed and approved on an expedited basis within ten (10)business days for a special fee of one hundred fifty dollars ($150.00)per hour paid in addition to all other applicable permitting fees. The minimum expedited fee shall be three hundred dollars ($300). Response Fee: (a)Any violation of the ordinance resulting from a false report response shall be subject to a response fee of$500 for each Fire Department response, in addition to any other applicable fines or fees. Any violation of the ordinance resulting from a false alarm report all be subject to the following fees, in addition to any other applicable fines or fees. First incident in a calendar year: $150 Second incident in a calendar year: $300 Third and subsequent incidents in a calendar year: $500 Place of Assembly Fee: A biannual fee of two hundred forty dollars ($240.00) shall be charged to each place of assembly by the Fire Department for the cost of the inspection and certificate program. Occupancy load certificates issued during the billing cycle shall be pro-rated. Physical changes within a place of assembly that change the posted occupancy rating shall require the issuance of a new certificate and shall require a new fee to be paid. The fee shall be due on July 1, 2013, and biannually on the first day of July thereafter. ge ►-f3 ' i City of South Burlington,575 Dorset Street, 03 802-846-4107 Website:sburl.com Commission,Boards and Committee Application Form Note to applicants,including incumbents:After submitting a completed application to the City Manager's Office you will be required to attend a City Council meeting to be interviewed.You will be advised of the date and approximate time of the Council meeting when you will be interviewed and your application lea conside ered. Pcleariv Legal Full Name: Gretchen Calcagni Date of Birth:MIIMMINIO Other Names/Nicknames Used: Present Mailing Address:80 Bayberry Lane S.Burlington,VT 05403 How long at this Address? 7 months Legal residence:(if different from above)N7 Stonehedge Drive S. Burlington,VT 05403 Home Phone: Business Phone: Cell Phone: E-mail Current Employer: Optimal Energy,Inc, Years of Service: 6.5 months Employer Contact Person and Phone: Jeff Loiter,802-453-5100 x 18 Are you a legally registered voter in the City of South Burlington?Yes x No Position(Commission,Board or Committee)applying for:1) Planning Commission 2) Development Review Board 3) Term (Please provide your 1st, 2nd,&3rd choices) Please give detail stating why you want to serve in this capacity and list qualifications you have which you believe may be beneficial to the commission,committee or board you are applying to(please use back of form or attach additional sheets as needed). Please see attached sheet. Do you have any violations other than minor traffic violations?Have you ever been charged with,or convicted of,a criminal offense?If so,provide complete details(use back of form or attach additional sheets as needed). No, By signing here you acknowledge:All information provided is accurate and complete to the best of your ability;and,you understand the City Council has the authority to remove members appointed by them in accordance with the City Charter and Vermont State Statue,as applicable,for misrepresentation of any statement made on this application. Please sign here: 1/.,6ec4e,t CaBeagri Date: 03 / 11 / 2013 By signing here you understand a Criminal Convictions Records History will be obtained by the City of South Burlington Duly Authorized Agent from the Vermont Criminal Information Center,as permitted by law.Any and all confidential information(birth date,etc)will not be shared with any outside party and will be solely used by the City Manager's office. Date: 03 / 11 / 2013 Signature: �'ete%aOa/.api City Manager's Office Use Only • Application has been notified by h�one e-mail,etc) (;c e.kI or. to attend Council meeting on 3 / la //3 (date) Notification made by(staff perso �'y- Term of appointment(to-from) Voter registration verified by(staff person) Dat, ' /LL/� For incumbents-attendance during the past year has been(provide numerical information) l)pr 11WiiMliw*ft= oaggipqm4gra-t4-witi-?-;44o4441/0 Gretchen Calcagni 0/1111011/1111111111111111111111.) EDUCATION DUKE UNIVERSITY,Sanford School of Public Policy Durham,NC Master of Public Policy,May 2012 Relevant elective courses: Sustainable Cities and Urban Design,Land Use Planning,National Housing Policy,Modeling and Analysis for Environmental Sustainability(Fuqua School of Business) Masters Project:Household Willingness to Pay for Improved Energy Efficiency in the U.S.Rental Housing Market UNIVERSITY OF VIRGINIA Charlottesville,VA B.A. in Sociology with Highest Distinction,Minor in Psychology,May 2007 EXPERIENCE 2012-Present OPTIMAL ENERGY,INC. Bristol,VT Analyst • Research and analyze energy-efficient and renewable energy technology costs, energy savings and market penetrations as well as energy efficiency programs and strategies • Perform economic analysis,including cost-benefit analysis,of energy resources • Analyze the efficiency and renewable potential available from specific geographic areas • Provide research support for expert testimony Summer 2011 ROCKY MOUNTAIN INSTITUTE Boulder,CO Research and Consulting Intern,Buildings Team • Researched innovative affordable housing projects that utilized high levels of energy efficiency. • Interviewed Public Housing Authorities across the country to identify barriers to constructing energy efficient affordable housing. • Collaborated with Enterprise Green Communities to advance energy efficiency in affordable housing through a network of affordable housing stakeholders. 2009-2010 VERMONT HOUSING& CONSERVATION BOARD Montpelier,VT Grants Coordinator • Processed,documented,monitored and reported on funding awards for VHCB's affordable housing, land conservation,and historic preservation grants programs. • Drafted commitment letters and grant agreements between grantees and VHCB. • Oversaw special project funds,tracking and analyzing commitment statuses, and balances. 2008-2009 NORTEL GOVERNMENT SOLUTIONS South Burlington,VT Administrative Specialist,USCIS Academy,Department of Homeland Security • Contributed to development and implementation of administrative processes and standard operating procedures for U.S. Citizenship&Immigration Services training programs totaling$55 million. • Participated in weekly meetings with Academy management to provide briefing information, engage in trouble shooting,and clarify policy. 2007-2008 VERMONT HUMANITIES COUNCIL Montpelier,VT Program Assistant • Collaborated with scholars,speakers, facilitators,and organizations to manage and implement community education programs. • Coordinated grants program: drafted grant agreements,processed project disbursements,prepared grant reports,reviewed final evaluations,and resolved financial reporting issues. • Tracked and analyzed data for use in various reports and budget development. LEADERSHIP Board Member,Conservation Trust for North Carolina(Sanford School Board Leadership Initiative) Commission,Boards and Committee Application Form Cont. Gretchen Calcagni Please give detail stating why you want to serve in this capacity and list qualifications you have which you believe may be beneficial to the commission,committee or board you are applying to. I was fortunate enough to grow up in South Burlington and feel a strong connection to the city. As a member of South Burlington's Planning Commission or Development Review Board, I hope to give back to the community by ensuring that the city continues to thrive and offer a high quality of life to its residents for generations to come. Many complex land use planning issues are at the core of what will define South Burlington's future. I would like to be involved in the land use and development planning process in South Burlington to help guide decisions that meet community needs while safeguarding important natural resources. I believe my education, volunteer, and professional experiences give me the skills and knowledge to analyze various land use issues to inform discussions and develop successful policies. i moved back to South Burlington this past August after receiving my Master of Public Policy at Duke University. Prior to attending graduate school, I worked as the Grants Coordinator for the Vermont Housing and Conservation Board. The organization provides grants, loans and technical assistance to nonprofit organizations,municipalities and state agencies for the development of affordable housing and for the conservation of agricultural and recreational land, natural areas and historic properties in Vermont. While at VHCB, I developed an understanding of some of the development and land use considerations and challenges facing many parts of the State. Such issues include the need for adequate affordable housing as well as balancing Vermonters' interest in economic growth with a desire to preserve open landscapes. I also attended board meetings and became familiar with the way groups discuss and make decisions about land use and development. I gained additional experience with this group decision-making process as a nonvoting board member for the Conservation Trust of North Carolina while a student at Duke. Through my graduate program at Duke, I gained analytical, research,and communication skills that enable me to define and measure policy problems and to develop,evaluate,and implement solutions. In my current position as an Analyst with Optimal Energy, I use these skills to analyze quantitative and qualitative information to guide decision making in energy efficiency program planning and implementation. Also,as a masters student, I completed course work in land use planning, housing policy, as well as sustainable urban design. I developed an understanding of the key factors that shape and drive the way land is used as well as the environmental,social and cultural impacts of different land uses. Additionally, I gained a familiarity with concepts of sustainable development such as Form Based Codes,Smart Growth principles, and LEED for Neighborhood Development criteria. The skills and knowledge base I have acquired will allow me to analyze various land use policies in South Burlington and determine which options will best support the highest quality of life for both current and future residents. iW4 south;: " ngton PLANNING & ZONING MEMORANDUM TO: Bob Rusten, Interim City Manager FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Comparative Cost Estimates: Police Station signage DATE: March 18, 2013 Staff was recently requested to do a comparative analysis of options for improving signage leading to the South Burlington Police Station. Vermont Law (10 VSA 481-494) provides two (2) options for municipalities wishing to have "off- site" signage such as this. Staff recommends that under either scenario, 2-3 signs would be needed for improved "wayfinding" to the Police Station: eastbound on Williston Road, eastbound on Kimball Ave, and possibly northbound on Kennedy Drive. In any case, the costs per sign are scalable. Option 1: Official Business Direction Signs (OBDS). These signs are installed and maintained bythe Vermont 1._ n arile tir g � �� rr�� a�i}if Agency of Transportation in accordance with the App1,2chc statewide design and placement requirements. Post S{ ii Creations Option 2: Municipal Information & Guidance Signs (Municipal). Vermont Law allows for cities and towns to develop their own "uniform" sign package. Certain 4�' y/11111 N'rL •restrictions apply in terms of height and size, and the overall package must be approvedby Planning p g the local Commission & City Council. The City has such a sign package, portions of which have already been approved by the Commission and Council. Note that the sign to the right is not necessarily the final design. k 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.corn Cost Comparison (per sign): OBDS Municipal Initial Construction $175 $7001 Annual Maintenance Fees $100 $02 10-Year Cost $1,175 $700 Staff recommendation: With comparable costs over a 10-year time period (Municipal signs would last at least that long, and possibly significantly longer with new printing technologies), staff recommends the Option 2, Municipal Signs. This option would not only be more visible to the public seeking the Police Station, but would also reinforce the overall city banding effort AND allow for the flexibility of adding additional directional panels onto any sign that is erected. Note that a final design for the "Municipal" signs has not been completed yet. There may be some costs associated with finalizing this design, which would then be used city-wide. Includes post, post powder-coating, and 3 band signs.Assumes installation by DPW. 2 Except normal graffiti removal, etc. 2 i60,01 south Vtnr or:T MEMORANDUM TO: South Burlington City Council & Interim City Manager FROM: Kimberly L. Murray, Development Coordinator SUBJECT: Public Hearing Interim Zoning Application#IZ-13-01 (15 Mayfair Street) DATE: March 18, 2013 City Council meeting Tonight's public hearing is an application for a conditional use permit to construct a 768 square foot, two-story addition to a single family dwelling at 15 Mayfair Street located in the Residential 4 Zoning District. The addition replaces an existing carport and mudroom with a two story addition for a one car garage and two bedrooms with a net increase of 110 square feet to the footprint of the house. The applicant, Perkins Smith Design Build, has provided a site plan, elevations, and a narrative of how they believe they meet the Interim Zoning review criteria in accordance with the guidance prepared by the City Attorney. This application is before the Council as the addition is greater than 750 square feet and thus triggers conditional use review under the Interim Zoning Bylaw. Our understanding is a representative for the applicant, John Perkins, will be in attendance at the public hearing on Monday. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4131 fax 802.846.4101 www.sburl.com Interim Zoning Application#IZ-13-01 by Perkins Smith Design Build of Shelburne,Vt. This application represents a Two-story addition to the east side of the single-family residence of Derek Poirier and Jennie Lowell and is occupied by them and their three children.An existing carport and a mudroom have been removed.the net additional covered footprint is 110 square feet.All set-back requirements have been met;the east side setback was registered with the city by a Vermont-licensed civil engineer. The original house is approximately 55 years old.The addition and extensive renovations to the house include replacing all of the existing windows,exterior doors and heating system.All of the new construction and any of the existing house that is disturbed will be insulated to meet Vermont's current energy codes.As a result,the overall energy usage will be reduced from what it has been in the past. This is documented by the Home Energy Audit Report done by Perkins Smith as partners with Efficiency Vermont and Home Performance With Energy Star. When complete,this project will allow this family to remain in this safe, quiet and friendly neighborhood using 21st century technology to achieve a healthy and code-compliant home for the future. Part 02 This addition consists of a single-bay garage with two small bedrooms above.The bedrooms are a relocation of two existing bedrooms, and the garage is replacing a carport. Given this, it is clear that it shall not result in an undue adverse effect on any of the 6 criteria listed on page 4 section 6 of the Interim Bylaws adopted Feb. 21,2012. Considering the nature of this addition, it clearly overcomes the presumption that it will or could be contrary to any of the Land Development Regulations that the City ultimately adopts that implement the City's goals#1 through#5 on page 2 of the Interim Zoning Development Review Process document of May 18, 2012. 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" •. 11III6111.111I1• 411 `, 1 r ¢ TT& E ti V1 MEMO PUBLIC WORKS To: Bob Rusten,Interim City Manager From: Justin Rabidoux,Director Date: March 14,2013 Re: STP SCRP(8) State of Vermont Culvert Replacement Project—Rte 116,Hinesburg Road The State of Vermont Agency of Transportation(VTrans)is in the early stages of conceptual design for a project to replace the culvert under VT Route 116(Hinesburg Road).The culvert is located approximately 'A of a mile north of intersection with Kennedy Drive along Hinesburg Road,just by the brick sewer pump station.You may have noticed recent activity in the area as VTrans was conducting soil borings the week of March 11 th. This culvert's replacement has been contemplated for years; in 2007 the CCMPO conducted and issued a Final Scoping Report for the VT 116 Potash Brook Culvert.The Report's Purpose and Need Statement reads: "The existing culvert where Potash Brook flows under VT Route 116 has a short box culvert poured on the upstream end, and a 48"corrugated metal pipe (CMP)on the downstream end. The two pipes are connected by a natural cavern that has been periodically plugged by debris over the years.Even if the channel was cleared of debris, the downstream 48"CMP does not have sufficient capacity to meet the required 50-year design flow of the stream. Seasonal flooding upstream of the culvert has accelerated erosion of a neighborhood hiking path. Higher flows have even jeopardized properties sited above the 100-year flood elevation. The constriction of the stream at this point has a significant impact on the overall water quality of the stream. Potash Brook is an impaired water body according to the Vermont Agency of Natural Resources. Detaining water for periods of time also increases the water temperature jeopardizing certain aquatic species." The 2007 Report can be read in its entirety at the CCRPC's website at http://www.ccrpcvt.orJlibraryrscopima/VT]16CulvertScopinuReport_2007_pdf. VTrans is now in position to carry this project forward and has prepared the attached schedule showing the project's phases and funding though its construction year of FY 2016.This project will be entirely VTrans funded and managed. At issue for the City Council is how VTrans replaces the culvert.The Report identified a few alternatives, but it boils down to whether of not the project keeps one lane of traffic open or if it will be constructed on an accelerated schedule as a result of a full road closure. s/5 Ui;rset Street South 8L0hrgt ,r:. Vi t 40i tel 802.1:?8 ,'Q ,t fax 81i2 b`:Q :of(: www.sburi.com I'hy, _:.1 Ai ,If f°s . i ai. t i RCa(1 Sout00 Boo lir,gtt.n VTrans' project manager,Ken Upmal,will be at the City Council meeting to describe the project in more detail and to further discuss the pros and cons of a road closure versus maintaining one lane of traffic. Staff recommends City Council review the information and provide VTrans direction on the construction alternatives at this meeting or by a to be identified future date. b r1. a 0 0oaoo r 0P. �' O O O O O 00000 M M O N o � f7 Z Wo oNt o wog ui-, 8 a _� tNUU: ZLLcc m M rx O 00000 , O d o p o 0 0 0 o F �, c9 ¢ 0000 - 2 �,, p - t- W } Q wwaS ALL_. J4 Ow c a Crw dLL W S a g 0 0 0 10 �o �Q 0 p 8 q o LL 00000 o 0 0 0 0 }q (0 O O Orz cc) p W Y J tY Z� W0 W¢ (n Y Lit tn as a. 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VER ONT MEMORANDUM TO: South Burlington City Council & Interim City Manager FROM: Kimberly L. Murray, Development Coordinator SUBJECT: Paul Dreher Testimony for IZ-12-06 DATE: March 18,2013 City Council meeting Paul Dreher of Dreher Design is available to testify on Interim Zoning Application #IZ-12-06 related to applicability and incorporation of the form based code zoning tool. He cannot drive at night and has asked if his accommodations for the night could be reimbursed. He has not requested reimbursement for his time. Please advise staff if there are funds available and if not, how we should proceed. If funds are available, staff recommends scheduling the reopening of the application for the next available date after the 15 day warning period, and confirming the applicant and Mr. Dreher's availability. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4131 fax 802.846.4101 www.sburl.com 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 d 2 A RESOLUTION OF THE CITY OF SOUTH BURLINGTON ESTABLISHING A CITY PENSION FUND INVESTMENT STRATEGY PROCESS WHEREAS,the City of South Burlington Retirement Income Plan establishes a Pension Advisory Committee with membership including a representative of each of the four City collective bargaining units, a member of the City Council, the City and Assistant City Manager (or designees), the City Treasurer and ene two South Burlington property owners appointed by the City Council with financial or pension experience; and WHEREAS, it is in the best interest of the City of South Burlington to have a pension fund investment strategy designed to achieve the long-term health and stability of the City's pension fund and for the City Council to establish a decision-making process on how best to invest our pension funds; and, WHEREAS, the City Manager recommends the following provisions of such a process be approved by City Council; • The Pension Advisory Committee will be trained to be sufficiently knowledgeable to appropriately advise on a pension fund investment strategy designed to achieve the long-term health and stability of the pension fund ; and, • The Pension Advisory Committee will meet with the City's Pension Investment Manager as needed to have up-to-date and relevant information upon which to make reasoned investment strategy recommendations; and • The Retirement Income Plan identifies the need for a Pension Administrator who shall be the City Manager and who shall also fulfill all the Plan's requirement of the Board of Trustees; and, • The Pension Administrator is also a member of the Pension Advisory Committee; and • The best practice is to have a collaborative and transparent decision-making process for determining the pension investment strategy. BE IT RESOLVED, City Council hereby determines that the Pension Advisory Committee will recommend to the Pension Administrator, based on information supplied by the Pension Investment Manager, a strategy as to pension fund investments. If the Pension Advisory Committee and the Administrator can not agree on an investment strategy, representatives of the Committee, chosen by the Committee, and the Administrator will meet with City Council who will then make a final decision as to the investment strategy. APPROVED this eighteenth day of March, 2013. SOUTH BURLINGTON CITY COUNCIL Pam Mackenzie, Chair Pat Nowak, Vice Chair Chris Shaw, Clerk Rosanne Greco Helen Riehle SOUTH BURLINGTON CITY COUNCIL AGREED-UPON PROCEDURES Modifications Recommended on 3.11.2013 To assist in accomplishing City business, we agree to the following guidelines. A. Regarding City Councilor conduct at City meetings, we will 1 Not interrupt whomever is speaking 2. Refrain from side conversations and remarks 3. Speak only once on a topic until all other Councilors have had the opportunity to speak 4. Use motions, and seconds for all action items prior to voting 5, Empower the Chair to rule on all procedural matters unless over-ruled by a majority of the Council 6. Make all decisions by majority vote 7. Refrain from using cell phones (voice or text) during meetings B. Regarding City Councilor conduct outside of meetings, we will 1. Maintain confidentiality on all matters discussed in executive session 2. Contact the City Man 3. Refrain from contacting other City staff 4. Refrain from tasking any City staffer C. Regarding City Council Agendas, 1. The Chair and City Manager prepare it 2. At the end of each meeting, Councilors may suggest items for subsequent meetings. These will be placed on a subsequent agenda provided that they are approved by a majority of the Council 3. No new items will be introduced or added to the agenda on the day of the meeting (unless they are urgent and time sensitive) 4. Written copies of any issue/proposal/resolution, etc., will be provided to each Councilor at least a day in advance of the meeting D. Regarding the location of meetings 1. City Council meetings will continue to be held in City Hall 2. Town forums—not City Council meetings—will be held at area schools on area-relevant topics E. Regarding public participation guidelines at City meetings (see attached) F. Regarding the relationship to City boards, commissions, committees, liaisons 1. Joint sessions with the Development Review Board should occur annually 2. Joint sessions with the Planning Commission should occur at least semi- annually 3. Representatives of these groups are expected to be present at City Council meetings when items in their area are discussed 4. Annual written presentation required from all City Y a ppointed 5. Routine attendance at City Council meetings are expected from all appointed liaisons and representatives 6. The current appointment process/criteria/qualifications will be evaluated during the next appointment cycle G. Regarding interacting with the media, responding to residents, and the use of social media 1. The City Manager or the Chair will be our official spokespersons with the media and residents 2. The use of print and social media will be discussed as part of our communications priority H. Regarding the evaluation of the City Manager • We will develop a process and time frame I. Regarding fiscal responsibility • We will make every effort to have money budgeted before authorizing expenditures • City of SouthBurlington City Clerk's Office Donna Kinville, City Clerk March 18, 2013 The following 2013 first class, second class and tobacco licenses were approved by the South Burlington City Council after review by the City Police, Fire and Tax departments. Business name Description/license Rite Aid#10318 tobacco Hudson News Queen City Coins Inc tobacco tobacco Skinny Pancake @ Airport first class(pending-CO and inspections) Walgreen's second class/tobacco Zen Garden first class Bourne's Service Center Champlain Farms/1118 Williston Rd second class/tobacco second class/tobacco Champlain Farms/801 Williston Rd second class/tobacco Champlain Farms/1800 Williston Rd Chicken Charlie's second class/tobacco Chipotle Mexican Grill first class first class Eagles Order#793 Gracey's Liquor Store first class Green Mountain Suites Hotel second class/tobacco Cabaret K Mart#7039 Maplefield's second class Marco's Pizza second class/tobacco Olive Garden first class Osaka liana Inc first class Outback Steakhouse first class first class Short Stop#105 Silver Palace second class/tobacco Sugarsnap LLC first class Van Phan Sports Inc first classCabaret Windjammer Restaurant Vermont Sportsgrill first class s Sheraton Vermont Corp first class first class(2) Lakeview Bar&Grill/Lakeview House first class Vermont National CC Pour House first class(2) Holiday Inn first class first class 575 Dorset Street South Burlington.VT 05403 802-845-4'105 cfmrl;riiieti�`'sburi.eonn Pam Mackenzie Chair Pat Nowak Vice Chair Chris Shaw Clerk Rosanne Greco Councilor Helen Riehle Councilor 03%15J13 City of South Burlington Accounts Payable 02:23 pm Page 1 Check Warrant Report # Unpaid Invoices For Check Acct 1(GENERAL FUND) From / / To 03/18/13 cingalls Purchase Discount Amount Check Check Vendor Invoice invoice Description Amount Amount Paid Number Date ADVANCE ADVANCE AUTO PARTS COMMERCIAL 128730663 FILTER OIL 45.98 0.00 _ __ ALL ALL CYCLE WASTE INC 679760 PD DUMPSTER / -/ 29.07 0.00 BARNESC BARNES, CHRISTINE P041865 REIMBURSEMENT -LOST BOOR 27.50 0.00 /--/-- BARTOL BARTOL, PH.D., CURT R 02182013 EVALUATIONS / -/ 12s.00 0.00 __ BARTOL BARTOL, PH.D., CURT R 03052013 EVALUATION / -/ 15.00 0.00 /__/-- BCN TELE BCN TELECOM INC 21293177 TELEPHONE 143.71 0.00 /__/__BIBENS BIBENS ACE 765167/3 PLUMBING PARTS 6.37 0.00 /-_/__ BOUCHARDP BOUCHARD, PIERRE 55930 REFUND - BOOTCAMP 72.00 0.00 /__/__ BREADL BREAD LOAF CORPORATION 02282013 RENOVATIONS 199876.00 0.00 /__/__ BUS BUS PARTS WAREHOUSE IN00463411 BUS DOOR SWITCH 266.91 0.00 /__/__ BUSINESS BUSINESS CARD 0108-030713 BOA CREDIT CARD 5250.46 0.00 /__/__ CARQUE CARQUEST AUTO PARTS 11138-29271 FUEL FILTER 15.26 0.31 /__/__ CARQUE CARQUEST AUTO PARTS 11138-29316 BALL JOINTS 202.76 4.06 /__/__ CARQUE CARQUEST AUTO PARTS 11138-29368 BUS PARTS 68.26 1.37 /__/__ CARQUE CARQUEST AUTO PARTS 11138-29367 BRAKE PADS 74.75 1.50 /__/__ CARQUE CARQUEST AUTO PARTS 11138-29446 BALL JOINTS . 59.26 1.19 /__/__ CARQUE CARQUEST AUTO PARTS 11138-29447 BALL JOINT 52.64 1.05 /--/-- CARQUE CARQUEST AUTO PARTS 11141-30326 VEHICLE PARTS 25.86 0.52 /__/__ CARQUE CARQUEST AUTO PARTS 11141-30336 DISC BRAKE 6.70 0.13 /__/__ CARQUE CARQUEST AUTO PARTS 11138-29387 RETURN - FLANGE -77.81 -1,56 /__/__ CARQUE CARQUEST AUTO PARTS 11138-29369 VEHICLE PARTS 88.24 1.76 /__/__ CARQUE CARQUEST AUTO PARTS 11141-29608 RED FLARE 214,56 4.29 /__/_- CAROCE CARQUEST AUTO PARTS 11141-25615 MISC SUPPLIES 98.67 1.97 /__/__ CHAMBERN CHAMBER/AND, NANCY ELECTION13 ELECTION WORKER 3/5/13 24.50 0.00 • CHAMLANE CHAMPLAIN LANES 03102013 BOWLING & PIZZA /--/-- 573.16 0.00 /__/_- CHARLE CHARLEBOIS INC RC44384 VEHICLE REPAIRS - REIMBU 1669.27 0.00 _ __ CHARLI CHARLEBOIS TRUCK PARTS INC 1230700019 OIL , / -/ 91.88 0.00 /__/__ CLARKS CLARK'S TRUCK CENTER 319986 SOLENOID 131.24 0.00 /__/__ COMCAST COMCAST 03070406C13 CITY HALL INTERNET 136,90 0.00 /__/__ COMCAST COMCAST 0311-0410P13 P/D COVERT 37.48 0.00 /__/__CREATHAB CREATIVE HABITAT 462 PICTURES & FRAMES 683.64 0.00 /__/__ D MFIR D & M FIRE & SAFETY EQUIPMENT 27063 INSPECTION CHARGE . 30.00 0.00 /__/__ DR LAGE DE LAGS LANDEN FINANCIAL SERVI 16935316 CLERK COPIER 127.51 0.00 /__/__ DE LAGS DE /AGE LANDEN FINANCIAL SEAM 17262406 CLERK COPIER 121.43 0.00 /__/__ DEMCO DEMCO INC 4902642 SUPPLIES 110.98 0.00 /__/__ EDWARDST EDWARDS, THOMAS & DAWN REVOCAB 03122013 TAX REFUND 5399.96 0.00 /__/__ ENDRES ENDRES, ERIC HERMAN 04242013 FAMILY CONCERT 325.00 0,00 ESSEFREE ESSEX FREE LIBRARY 02222013 BOOR REIMBURSEMENT /--/-- 54.66 0.00 /__/_ GALE GALE GROUP 98768372 BOOKS 26.23 0.00 /__/__ GALE GALE GROUP 98790024 BOORS 51.64 0.00 /__/__ GALE GALE GROUP 98790011 BOOKS 26.23 0.00 /__/__ GALLS GALLS, LLC 434688 UNIPORM3 100.00 0.00 GLUCK GLuCK, BRGNDA 55931 /__/__ REFUND BOOTCAMP 72.00 0.00 _ _ GOT THAT GOT THAT RENTAL & SALES, INC. 01-087619-01 CHAINSAW & OIL / -/ 50.98 0.00 • /__/__ GOT THAT GOT THAT RENTAL & SALES, INC. 01-087699-01 GRADE STARES 63.00 0.00 /__/__ GREEPW GREEN MOUNTAIN POWER CORPORATI 059950F13 BARTLETT BAY 8570.39 0.00 /__/__ GSM GSM ENTERPRISES, INC. 230118002 VEHICLE REPAIRS 2274.60 0.00 /__/_... GSM GSM ENTERPRISES, INC. 230307008 SNOW TIRES 1910.40 0.00 GSM GSM ENTERPRISES, INC. 230307007 VEHICLE MAINTENANCE 130.50 0.00 /__/__ GSM GSM ENTERPRISES, INC. 230222003 VEHICLE MAINTENANCE 106.50 0.00 /__/_ 03/15/13 City of South Burlington Accounts Payable 02;23 pm Check Warrant Report # Page 2 Unpaid Invoices For Check Acct l(GENERAL FUND) From / / cingalls To 03/18/13 Vendor Purchase Discount Invoice Invoice Description Amount Check Check Amount Amount Paid GSM GSM E Number Date ENTERPRISES, INC. GSM 230218002 VEHICLE REPAIRS GSM ENTERPRISES, INC. 3933.57 0.00 230306001 OIL CHANGE /--/__ GSM GSM ENTERPRISES, INC. 54.58 0.00 230307002 - --.- _ OIL CHANGE _ ________ _ /__/__ GSM GSM ENTERPRISES, INC, 50.36 0.00 230307005 OIL CHANGE /--/-- GSM GSM ENTERPRISES, INC. 67.53 0.00 230301003 VEHICLE REPAIRS /--/__HARVARD HARVARD ASSOCIATES POLICE SCIE 02262013 979.64 0.00 HOMICIDE INVEST, SEMINAR 1300.00 / _/ HERITAGE? HERITAGE FORD 0,00 877685 GASKET / /__ HERITAGE? HERITAGE FORD 3.86 0.00 877686 VEHICLE PARTS /--/-- HERITAGE? HERITAGE FORD 19.28 0.00 877676 0 RING /__/__ HERITAGE? HERITAGE FORD 74.14 0.00 877683 OIL FILTER /--/-- HOLMESL HOLMES, LISA ELECTIONI3 ELECTION WORKER 3/5/13 9 75 0.00 IDENTI IDENTI-KIT SOLUTIONS 59.50 /--/-- 103436 0.00 INGRAM INGRAM LIBRARY SERVICES SOFTWARE - MONTHLY LIC. 34.00 /--/-- 66358660 0,00 INGRAM INGRAM LIBRARY SERVICES 34,35 0.00 60535582 BOORS /__/__ INGRAM INGRAM LIBRARY SERVICES 101.07 0.00 60535589 BOORS /__/__ INGRAM INGRAM LIBRARY SERVICES 100.44 0.00 60535585 BOORS /__/-_ INGRAM INGRAM LIBRARY SERVICES 42.89 0.00 60535588 BOOKS /-_/__ INGRAM INGRAM LIBRARY SERVICES 28.03 0.00 60537482 HOOKS /_-/_- INGRAM INGRAM LIBRARY SERVICES 133.04 0.00 60537478 BOORS /-_/-_ INGRAM INGRAM LIBRARY SERVICES 15.92 0.00 60537476 BOOK9 /__/__ INGRAM INGRAM LIBRARY SERVICES 13.72 0.00 60537474 BOORS /_-/__ INGRAM INGRAM LIBRARY SERVICES 14.82 0.00 66358658 BOOKS /__/__ INGRAM INGRAM LIBRARY SERVICES 22.00 0.00 66358661 BOORS /__/__ INGRAM INGRAM LIBRARY SERVICES 36.83 0.00 60535584 BOORS /__/__ INGRAM INGRAM LIBRARY SERVICES 14.27 0.00 60537479 BOORS /-_/__ INGRAM INGRAM LIBRARY SERVICES 23,67 0.00 60537477 BOOKS /__/__ INGRAM INGRAM LIBRARY SERVICES 31.46 0.00 66356659 BOOK9 /__/__ INGRAM INGRAM LIBRARY SERVICES 3.51 0.00 60535586 BOOKS /-_/__ INGRAM INGRAM LIBRARY SERVICES 2.94 0.00 60535583 BOORS /--/-- INGRAM INGRAM LIBRARY SERVICES 16.48 0.00 60537475 BOOKS /__/-_ INGRAM INGRAM LIBRARY SERVICES 10•99 0.00 60535587 BOORS /_-/_- IN3POLTEC INSTITUTE OF POLICE TECHNOLOGY 2201304600 TRAFFIC 43.41 0.00 0.00 INSPOLTEC INSTITUTE OF POLICE TECHNOLOGY 2201304599 TRAFFIC CRASH COURSE 650.00 / _/ INTASPE INTERNATIONAL ASSOCIATION FOR 96356 SE 650.0000 0.00 0.00 / -/ J C TRAINING - FITZGERALD 350. / _/ --- _ _------- /__/__ J C IMAGE, INC. 00014456 IINIFORM9 JANITECH JANITECH INC 115.96 0.00 30240 MARCH CLEANING & SUPPLIE /-"/-- ROCHMAN KOCHMAN, JENNIFER ELECTION13 ELECTION WORKER 3/5/13 3311.07 0.00 LAY LENNY'S SHOE AND APPAREL 31.50 0.00 53722 CLOTHING - CAMERON /--/-- 342.00 0.00 /--/__ LOWER LOWE'S LEVELS 1 LEVEL (3) COMMUNICATIONS LLC 25551130 TELEPHONE 640.43 0.00 902791 REPAIRS /--/__ LOWES LOWE'S 27.50 0.00 910443 REPAIR PARTS /--/-- LOWES LOWE'S 60.05 0.00 914199 REFUND - 9CTPP LIES /__/__ LOWES LOWE'S 155.50 0.00 914187 SUPPLIES /_-/-_ LOWES LOWE'S 155.50 0.00 914377 MATERIALS LED /--/-_LOWER LOWE'S 152.65 0.00 900001 SUPPLIES /--/-_ LOWES LOWE'S -164.30 0.00 914189D SUPPLIES /--/-- LOWES BUS LOWE'S BUSINESS ACCOUNT 147.73 0.00 14247 PLANT SUPPLIES /--/-- LOWER BUS LOWE'S BUSINESS ACCOUNT 135.27 0.00 __ 02785 PLANT SUPPLIES ----_�_- ------"- MACPHERSN MACPHERSpN, PAMELA -/--/-- ELECTION13 ELECTION WORKER 3/5/13 45.54 0.00 MCKEE MCKEE GIULIANI & CLEVELAND /--/-- 0228201311.18 0.00 UNDERWOOD PURCHASE 2611.18 / -/ 0.00 03/15/13 City of South Burlington Accounts Payable 02:23 pm Check Warrant Report # Page 3 Unpaid Invoices For Check Acct l(GENERAT, FUND) From / / Tocingnlle 03/18/13 Vendor Purchase Discount Invoice Invoice DescriptionAmount Check Check Amount Amount Paid Number Date NEMCIA NEW ENGLAND MUNICIPAL CLEARS' RINVILLE/13 ACADEMY D REGISTRATION NORTHLW NORTHEAST LAW ENFORCEMENT 500.00 0.00 NE0161-29 PRACTICAL HOMICIDE INVES 575.00 / -/ NORTHLW NORTHEAST LAW ENFORCEMENT 0,00 NE0161-28 PRACTICAL HOMICIDE TINES /--/-- NY CLEAN NEW PORK CLEANERS 575.00 0.00 02282013 FEBRUARY CLEANING /--/-- OFFESS OFFICE ESSENTIALS OF VERMONT720,00 0.00 28205 PDRcxASE ORDERS /--/-- OFFESS OFFICE ESSENTIALS OF VERMONT 1720,00 0.00 28269 FAX INKJET /--/-- OFFESS OFFICE ESSENTIALS OF VERMONT 26.06 0.00 28270 OFFICE SUPPLIES /--/-- OTHER OTHER PAPER 44.87 0.00 4281 AD - ANIMAL LICENSES /--/-- PEOPLES PEOPLE'S UNITED BANK 000,00 0.00 02282013 SEWER - BOND /--/-- PIKE PIKE INDUSTRIES INC 245000.00 0.00 690174 ASPHALT /--/_- PRINT PAINT TECH 210.00 0.00 2130139 LETTERHEAD & ENVELOPES. /--/-- RADIOS RADIO NORTH GROUP INC 581.25 0.00 24130579 RADIO REPAIR /--/-- AE[G A.E.M. DEVELOPMENT COMPANY, 225.00 0.00 LL 03082013 FEBRUARY COMMON FEES • /--/-- RYDERK RYDER, KAREN 5215.54 0.00 ELECTION13 ELECTION OFFICIAL /--/-- SAINMI SAINT MICHAEL'S COLLEGE 49,00 0.00 JAM03212013 CAREER JAM REGISTRATION • /__/-" SAVAS SAVAS, JEN 50,00 0.00 55932 REFUND - BOOTCAMp /--/-- SEWLY SEWLY TAILORING 72.00 0.00 0000002 JAN & FEB PD - ALTERATIO / -/-- SODTHW 30UTHWORTH-MYLTON INC 487.80 0.00 SERV1521B19 REPAIR FIRE TRUCK /--/-- ST JOHN ST, JOHN VIANNEY 220.69 0.00 03122013 RENT SPACE - PACT DINNER /--/-- STAPL STAPLES BUSINESS ADVANTAGE 150.06 0.00 8024775567 OFFICE SUPPLIES /--/-- STAPL STAPLES BUSINESS ADVANTAGE 224.065 0.00 8024700425 MISC SUPPLIES /--/-- STAPL STAPLES BUSINESS ADVANTAGE 252, 0.00 8024630682 SUPPLIES - MARKET ST. /__/__ STAPL STAPLES BUSINESS ADVANTAGE 8024556490 OFFICE SUPPLIES 52.42 0.00 STRATEGIC STRATEGIC TECHNOLOGY SERVICES 03042013 / -/ 66.88 0.00 UPSMANAGED CARE /__/__ UPS STORE #1107 555.00 0.00 11477 SHIPPING /--/-_ UPS UPS STORE #1107 46.04 0.00 11529 SHIPPING /--/-- VER IZON VERIZON WIRELESS 13.80 0.00 9700177401 PD - PHONES /--/-- VERLAKE VERMONT LAKE MONSTERS1198,43 0,00 6092 VOUCHERS /_-/_- VERSDH VERMONT DEPARTMENT OF HEALTH 210,00 0.00 03122013 id *10506 ENGRAVE CERT. /--/-- VHB VANAS VHB - VANASSE HANGEN BRUSTLIN 0159726 987.39 0.00 VILLOFEJ VILLAGE OF ESSEX MARKET ST. #51658.01 1187,39 /--/-_ JUNCTION P041861 0.00 WHIP PLE WHZPPLE, TREVOR HOOKS /--/__ 22.00 0.00 02192013 REPLENISH PETTY CASH /--/-- WORK WORK SAFE 363,50 0.00 42139 SIGN MATERIALS /--/-- 73.75 0.00 03/15/2013 City of South Burlington Accounts Payable 4 02:23 pm Check Warrant Report # Page 4 of s Unpaid Invoices For Check Acct l(GENERAL FOND) From cingall / / To 03/18/13 Vendor Purchase Discount Amount Check Invoice Invoice Description Amount Check Amount Paid Number Date Report Total 517,877.59 16.59 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 $ •**517,861.00 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: 03/19/13 Date Check No. Paid To Memo 3/19/2013 2294 Aldrich&Elliott, PC Amount Paid 228.50 Date Voucher Number Reference 3/7/2013 VI-13013 Voucher Total Amount Paid 74000 228.50 228.50 3/19/2013 2295 E.J.Prescott, Inc. 109.35 Date Voucher Number Reference Voucher Total Amount Paid 3/5/2013 VI-13011 4641363 109.35 109.35 3/19/2013 2296 Ferguson Waterworks#590 741.15 Date Voucher Number Reference Voucher Total Amount Paid 3/5/2013 VI-13012 0331733 741.15 741.15 3/19/2013 2297 Ti-Sales Inc. 619.33 Date Voucher Number Reference Voucher Total Amount Paid 3/5/2013 VI-13010 INV0021792 619.33 619.33 Total Amount Paid: 1,698.33 SOUTH BURLINGTON CITY COUNCIL Printed: March 15, 2013 Page 1 of 1 SOU" Oil ol I ton ` ._ AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall 575 Dorset Street SOUTH BURLINGTON, VERMONT Executive Session 5:15 p.m. Monday, March 18, 2013 Consider entering Executive Session to discuss personnel, contract negotiations and litigation where premature general public knowledge would clearly place the municipality at a substantial disadvantage. • Please make sure to say in open session who you are inviting into the Executive Session (other than Councilors). • Please provide to the CM office via email ( jladd(a�sburl.com & cingalls(a�sburl.com ) who made the motion to going into Executive Session and who seconded it. And who (if anyone other than Councilors) were invited into the Executive Session. • Make sure to adjourn the Executive Session and return to Open Session. Please provide CM office with who made the motion and seconded it, Items to discuss in Executive Session: 1. Discuss status and costs of Sandy Miller's Public Records Request. 2. 'Discuss Sandy Miller's benefits request. 3. Discuss status of University Mall appeal and lawsuit. 4. Discuss status of Katz & Berger lawsuit. 5 "Discuss interview questions and process for DRB/PC applicants. STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O.BOX 1507 BURLINGTON,VERMONT 05402-1507 TELEPHONE(802 660-2555) STEVEN F.STITZEL FAX(802 660-2552) DAVID W.}HIGH* PATTI R.PAGE WWW.FIRMSPF.COM ERIC G.DERRY** ROBERT E.FLETCHER RFLETCHER@FIRMSPF.COM DIANE M.SHERMAN JOSEPH S.McLEAN '(ALSO ADMITTED IN MD) AMANDA S.E_LAFFERTY '(ALSO ADMITTED IN NH) JOHN H.KIJ'SCH DINA L.ATWOOD CONFIDENTIAL ATTORNEY CLIENT COMMUNICATION PRIVILEGED ATTORNEY WORK PRODUCT March 15, 2013 Pamela Mackenzie, Chair South Burlington City Council City Hall 575 Dorset Street South Burlington, VT 05403 RE: Status of Issues concerning Sanford Miller Dear Pam: I am writing to apprise the City Council of the status of various issues pertaining to Mr. Miller and his prior employment by the City, and to recommend to City Council a course of action for addressing these issues. I will be at the Council's meeting on Monday, March 18, to discuss these issues in greater detail in executive session. There are three different "issues" that have been raised thus far by Mr. Miller. He has filed a public records act ("PRA") request, which we discussed last Monday. His counsel has requested that the 2012 evaluation by the Council be removed from Mr. Miller's personnel file and a certification given that all copies have been destroyed. And, his counsel has questioned the post-termination benefits that the City has offered to provide to Mr. Miller. I will briefly address each of these. PRA Request The work on the PRA request is continuing. We have obtained materials potentially responsive to discrete elements of the request and have "mined" the City's server for emails and related attachments in the accounts of individual councilors or have been provided with responsive materials directly by the councilors. We have also worked with several councilors on the identification and retrieval of email from non-City servers that may potentially be responsive to the Pamela Mackenzie, Chair South Burlington City Council March 15, 2013 Page 2 request. We expect to have the emails sent to or by Mr. Miller (which we anticipate to be quite voluminous) by the end of the day today. Once we have all the material and make a preliminary review, we will be better able to estimate the size of the eventual"production" and of the attendant costs. We will have that information for the Council when it meets on March 26. 2012 Evaluation The essential issue here is the contention that there was an agreed evaluative process that included discussions between the parties and consideration by the Council of the ICMA evaluation results. According to Mr. Miller's attorney, because the written evaluation was completed before these other inputs were obtained, the presence and maintenance of the evaluation in Mr. Miller's personnel file of the evaluation is unjustified and may create potential liability for the City. Mr. Miller's 2012 job performance was evaluated by the City Council. The result is a document comprised of individual written statements and individual and collective numerical evaluations. Comparable evaluations were undertaken at the end of 2010 and 2011. These earlier evaluations are similarly documented, and all three evaluations (2010, 2011 and 2012) are in Mr. Miller's City-maintained personnel file. Mr. Miller was given a copy of the 2012 written and numerical evaluation. The 2012 evaluation is a record of work undertaken by the City Council in the discharge of its official duties. It is an official City document that cannot intentionally or otherwise be destroyed. Mr. Miller's understanding of the evaluative process, or whether it was followed, do not override the City's legal obligations to maintain the evaluation as a public document. We recommend that we be instructed to communicate with Mr. Miller's counsel denying the request for removal and destruction of the evaluation. Benefits Issues Under the employment agreement between Mr. Miller and the City (the "Agreement") (copy attached), he could be terminated by the City for "no cause" at any time. When the City terminated Mr. Miller's employment, he became entitled to "a severance payment equal to twelve months' salary" payable within fourteen days of the effective date of termination. That payment was made. The Agreement also provides that if Mr. Miller was terminated for"no cause," the City would continue to provide (or reimburse Mr. Miller for the cost of) "benefits discussed Pamela Mackenzie, Chair South Burlington City Council March 15, 2013 Page 3 below in provision 15" for a period of twelve months. Provision 15 of the Agreement refers exclusively to sick leave accrual and limits—other provisions of the Agreement detail other benefits provided to Mr. Miller. For instance, there is a commitment to provide an annual contribution of 10% of his salary (provide he contributed at least 6%) to an ICMA 457b or 401a plan', the accrual of vacation time, health insurance coverage on the same terms as other employees, and the City agreed to pay the costs of ICMA and VTCMA membership dues and the reasonable costs of attending one ICMA and two VTCMA conferences annually. The City required Mr. Miller to obtain a cell phone, and agreed to pay a monthly stipend or allowance of$40; it also paid for a "data package" for an iPad owned by Mr. Miller. The City also agreed to provide to Mr. Miller benefits provided to employees in the City Hall bargaining unit not expressly covered in the Agreement. Mr. Miller and the City agreed to an addendum to his Agreement in March 2012 (the "Addendum"). The Addendum increased Mr. Miller's annual salary to $117,500.00 (effective July 2011), and authorized Mr. Miller to apply to attend the Harvard Kennedy School (or similar program) for senior executives in local or state government in 2013 or later with the City to pay the "program fee" (the tuition/regular charge for the program). The commitment to pay for attendance at the Kennedy School was "[to] further enhance the manager's performance and capabilities, which will provide a direct benefit to the City." Following Mr. Miller's termination, the City Council endorsed the following to address his benefits: —make retirement contributions to ICMA (already made) and to VMERS B. The VMERS B payment (9.5%) is not yet due (first installment is payable in April). — continuation of health, dental, vision, disability (short and long term) and eye care insurance through January 2014; —contribution to Mr. Miller's "health savings account" for 2013. Although for management level personnel, pursuant to a City Council resolution, contributions are made 50% in January, and 25% in each of May and September, the City administration accelerated the 2013 payments and made the second 50% contribution for Mr. Miller in February 2013, on his departure; and —the pay-out of accrued vacation days consistent with City practice. Mr. Miller also has a VMERS B retirement plan. Pamela Mackenzie, Chair South Burlington City Council March 15, 2013 Page 4 Accordingly, we communicated the foregoing to Mr. Miller and also communicated that the City would not: (1) continue to provide him with a cell phone "allowance"; (2) subsidize a data plan for his iPad; (3) reimburse him for attending ICMA or VTCMA conferences, workshops, etc., or (4) pay the cost of tuition at the Harvard Kennedy School. The response advised us that Mr. Miller took issue with some aspects of the City's position, but wasn't specific. When asked for clarification, Mr. Miller asked some questions, and asserted that he is entitled to some of the benefits "denied" him by the City. These issues discussed below. Mr. Miller has asked whether the City's VMERS B contribution will be based on all "compensation" paid to him in 2013, including his accrued vacation. I am advised by City administration that VMERS requires the inclusion of accrued vacation paid to an employee as "compensation." Consequently, the VMERS contribution in April (for 1'quarter 2013) related to Mr. Miller will be $13,455.41, which is 9.5% of the "compensation" paid to him. Mr. Miller asserts the City is obliged to maintain all insurance coverages through February 4, 2014 (not January 31, 2014 as the City endorsed). The present aggregate monthly cost for insurance premiums (provided to Mr. Miller) is approximately $1530. In 2014, the City estimates the monthly cost to be roughly $1680 (assuming a 10% premium increase). If the City Council wishes to move off the Jan. 31, date, our recommendation is to offer Mr. Miller four days of"premiums" ($239.80) at a projected total monthly premium of$1680. Concerning the HSA, Mr. Miller's attorney has erroneously claimed that the City makes 100% of its HSA contribution in January of each year, and, consequently, Mr. Miller expects the City to make a full (annual) HSA contribution for him in January 2014. In fact, HSA contributions for senior management personnel are made as described above. Therefore, Mr. Miller is not entitled to anything more than a 50% HSA contribution in January 2014. And, under the circumstances, it is reasonable to claim that Mr. Miller should only have a prorated share of the January HSA contribution, if that. It is Mr. Miller's opinion that the City is obligated under the Agreement to provide him with a cell phone allowance ($40 per month) through February 4, 2014. Mr. Miller asserts that the City is obligated to pay for his annual ICMA dues (already paid by the City) and VTCMA dues (already paid), and that it is obligated to reimburse him for the reasonable costs of attending one ICMA conference and two VTCMA conferences annually. Prior to his termination, Mr. Miller had not Pamela Mackenzie, Chair South Burlington City Council March 15, 2013 Page 5 attended either an ICMA or VTCMA conference in 2013. Under the Agreement, only ICMA/VTCMA events "related to the business of the City" were eligible for cost reimbursement. Implicitly, then, the City is not obligated to pay for conferences, seminars or annual events that were not related to City business. Inasmuch as Mr. Miller no longer works for the City, his attendance at such events cannot logically be "related to" the business of the City. Mr. Miller has submitted a request for reimbursement of vision-related expenses he incurred in 2012. There is a discrepancy between how such a request is handled under the City Hall CBA and a later City Council Resolution. Finally, it is Mr. Miller's position that the City is obligated to pay his "tuition and other regular charges" for attendance at the Kennedy School. Tuition (or program fees) are $12,000. Two aspects of this request warrant discussion. First, the City's commitment to Mr. Miller attending the Kennedy School was made on the express expectation that Mr. Miller's participation would"further enhance the manager's performance and capabilities, which will provide a direct benefit to the City." Under the current circumstances, no benefit will accrue to the City from his attendance. Second, Mr. Miller reads more into the Addendum than exists. Nowhere in the Addendum is there a suggestion, let alone a statement, that the City has an obligation to pay for "other regular charges" for Mr. Miller's attendance at the Kennedy School. In other words, there is no obligation to cover these related costs. Our recommendation is that the Council endorse the following responses to the questions and assertions, which we will communicate to Mr. Miller's counsel: 1. The City's April 2013 contribution to VMERS will be based upon all "compensation" paid to Mr. Miller, including the accrued vacation. 2. The City will provide insurance coverages through Jan. 31, 2014. 3. The City makes a contribution of 50% of the annual HSA amount for managerial employees in January. Under the circumstances, if the Council so chooses, the City will make a contribution on Mr. Miller's behalf in January 2014 prorated to reflect the period of the time in 2014 that Mr. Miller is entitled to benefits (35/365). 4. The City reaffirms that it is not obligated to provide Mr. Miller a monthly cell-phone allowance. Pamela Mackenzie, Chair South Burlington City Council March 15, 2013 Page 6 5. The City reaffirms that it is not obligated to reimburse Mr. Miller for attending an ICMA or two VTCMA conferences or to cover attendant expenses like travel, lodging, or meals for such events. 6. The City's treatment of the vision-related reimbursement request will be controlled by the City Council Resolution on the subject. 7. The City is not obligated to provide Mr. Miller the cost of tuition to attend the Kennedy School, nor is it obligated to pay any "other related charges." The expectation of a direct benefit to the City arising from such attendance will never be realized, making payment for such costs unnecessary. I fully expect that these responses will provide an opening for a dialogue between Mr. Miller and the City that can lead to a negotiated co 4 Sincerely, / Robert ./Fletc e son13.029 REF to CC 03152013 SMiller a a 0004 lout , quiff on VERMONT April ,20 , 2011 Re: Offer of Employment City Manager, South Burlington, Vermont Dear Sandy, I am writing on behalf of the South Burlington City Council to offer to you continued employment in the position of City Manager, as provided for in the City of South Burlington Charter. The specific terms of this offer are as follows: 1. Your salary for the period July 1, 2010-June 30, 2011 will be $107,500. Your salary for the period July 1, 2011-June 30, 2012 will be $110,000. 2. Through no fault of the City Council or you, the actual conditions of your job to date have required significantly greater time, effort, challenge, and stress than the conditions anticipated by both parties when you accepted the Council's offer of employment in March 2010. Consistent with these circumstances, the City Council acknowledges that your initial salary and compensation package represents "under compensation." In addition, the Council recognizes that, had these circumstances been known, you might not have accepted your job at the initial compensation level, if at all. It is Council's intent to provide you with a salary and compensation package consistent with South Burlington's position as the most populous Manager-managed, full service Vermont municipality, the level of complexity present in South Burlington's contemporary financial situation, and your performance. Given the demands of the South Burlington City Manager position, Council's goal is to offer you a salary and compensation package commensurate with that received by managers in comparable Vermont communities. This goal is subject to your continued performance at the level documented in the Council's evaluation of your performance, discussed with you on February 14, 2011. 3. The Council may terminate your employment at any time, without cause, upon such written notice as it deems appropriate. Upon termination under this provision, you will be provided a severance payment equal to nine (9) months' salary within fourteen (14) days of the effective date of your termination. Effective July 1, 2012, the severance payment shall be equal to twelve (12) months salary. The City will continue to provide you at no cost or reimburse you for the cost of benefits discussed below in provision 15 for a period of nine (9) months from the date of termination, provided that you will not accrue any leave days during the nine (9) month period. Effective July 1, 2012, the period for which benefits will be provided at no cost or for which you will be reimbursed shall be for a period twelve (12) months from the date of termination. 4. The Council may terminate your employment at any time for just cause, which term shall be defined in accordance with Vermont law taking into consideration the interests of the City. Prior to and in connection with termination under this provision, you will be provided all due process rights granted under the US and Vermont constitutions. 5. Consistent with §13-901 Appointment of the City' s Charter, the Council' s appointment of you to the position of City Manager is for an indefinite term. 6. The City will make an annual contribution to an ICMA 457b or 401a Deferred Compensation/Pension plan equal to 10% of your salary and subject to your making a contribution of not less than 6%. 7. You will be awarded five (5) weeks and two (2) days of vacation for the period July 1, 2010 through June 30, 2011; on each subsequent July 1st on which you continue to be the City's City Manager you will be awarded the same vacation. You may carry over no more than 65 days of unused vacation days from one fiscal year to the next. Should your employment with the City end prior to June 30th of any fiscal year, you will be entitled to a prorated amount for that year based on accrual of vacation at the rate of 2.25 days per month worked, less any vacation days used against that fiscal year' s 27-day vacation award. However, in no case will this result in a "negative" vacation- day accrual for that year. Prior Council approval is required for any single vacation over three (3) consecutive weeks in duration. 2 8. Dutiful performance of the responsibilities of City Manager routinely requires work beyond what can be accomplished within a conventional eight (8) hour workday or forty (40) hour workweek. Also, attendance at night meetings is an expected and required component of the City Manager's responsibilities, though attendance may, on limited occasions, be excused for significant cause, such as observance of religious holidays. The salary and other benefits provided in this offer constitute the full monetary compensation to be paid by the City for your performance of your required duties. It is expressly understood that additional compensation in the form of compensatory time will not be provided. Additionally, based on your performance during the period of July 1, 2010 through January 31, 2011, the Council recognizes that you devote significant time to City Manager responsibilities when not at the office, including during holidays, weekends, and vacations. Accordingly, notwithstanding the prohibition on accrual of additional compensation in the form of compensatory time, the Council authorizes your occasional taking part or an entire day off, without use of vacation time, when your job responsibilities have involved multiple extended work days within a relatively brief time period and notice is given to the City Council Chair and Vice-Chair. 9. You will be eligible to participate in the VLCT Health Trust-sponsored health insurance plan offered other City employees, on the same terms and conditions as other City employees. The Council will seriously consider any request by you to pursue implementation of a second health insurance plan through the VLCT Health Trust, provided the plan cost to the City is equal to or less than what is paid by the City for the current plan. 10. The City will pay your annual ICMA and VTCMA membership dues. It will also pay for the reasonable costs of your attendance at one ICMA and two VTCMA conferences annually, as well as for other conferences, seminars, luncheons which are related to the business of the municipality. Generally anticipated costs are those for conference registration, travel, lodging and meals. 11. The City will reimburse you for City-related travel you perform using your own vehicle. Reimbursement will be provided at a rate established by the Council for such travel performed by City employees. 12. You will, at your own expense, purchase a cell phone and maintain cell phone service through a provider doing 3 business in Vermont. You will make your cell phone number available to City Council members and all City department heads. The City will provide you a monthly cell phone "allowance" of $40. 13. The City will provide you a laptop computer for business and unrestricted personal use with a docking station and second monitor at your City office. You will adhere to any "ethical computer use policy" or its equivalent. 14. You may retain as your personal income any stipend or reimbursements you receive as a result of your appointment to any board established by the VLCT, VLCT Health Trust and related boards. You may not request reimbursement from the City for any expenses, including travel expenses, you incur as a result of your membership on any such board. 15. Your rate of sick leave accrual is 1.5 days per month worked. Unused sick leave accumulation is limited to a maximum of 75 days. 16. For one year following separation from employment as the City Manager of the City of South Burlington, you shall not enter into employment with any firm that is providing, has provided or begins to provide professional services (legal, accounting, actuarial, engineering, environmental or related fields) to the City, (1) at the time of separation, (2) at any time during the one year period prior to the date of separation or (3) at any time during the one year period following your separation. The Council may, in its discretion, waive the employment limitation for a firm first retained by the City during the one year period following the Manager's departure. 17. The Council has entered into and periodically renegotiates a Collective Bargaining Agreement with its City Hall bargaining unit, the most recent version being for the period July 1, 2009 - June 30, 2011 ("Bargaining Agreement") . Employees subject to the Bargaining Agreement are provided identified insurance, retirement and health club benefits. To the extent any specific benefit contained in the Bargaining Agreement is not provided for or addressed by this offer, it will be available to you on the same terms it is available to members of the bargaining unit. 18. On the date you accept this offer, it shall supersede in its entirety the offer made to you in a letter dated March 15, 2010 which was accepted by you on March 15, 2010. 4 In closing, I can say that the Council is pleased to make this offer and looks forward to continuing to work with you. Sin ely, Sandra Dooley, Chair South Burlington City Counci Meaghan Eery, Vice Chair 4..., .___ Rosanne Greco, Clerk es K PP Pain Engew 5 ACCEPTANCE OF OFFER I, Sanford Miller, have reviewed and hereby accept the offer of employment set forth above according to its stated terms and conditions. Accepted this ,211"' day of April, 2011. Sanford Miller 6 OJ2- 0,3 RESOLUTION ADOPTING ADDENDUM TO CITY MANAGER EMPLOYMENT CONTRACT At a meeting of the South Burlington City Council,duly warned,and held on March 5, 2012,the following Resolution was proposed and adopted by the City Council. WHEREAS,the City and Sanford Miller have heretofore entered into a contract of employment engaging Mr.Miller as the City Manager for the City of South Burlington,which was most recently amended and restated on April 25,2011;and, WHEREAS,the City Council has provided an evaluation of Mr.Miller's performance as City Manager through February 2,2012 and has provided the evaluations to Mr.Miller NOW THEREFORE,be it resolved that the City Council for South Burlington does hereby amend the contract of employment between Mr.Miller and the City as follows: 1. Current Year Salary Adjustment: Mr.Miller's salary shall be increased by the sum of Seven Thousand Five Hundred Dollars to an annual salary of One Hundred Seventeen Thousand Five Hundred Dollars($117,500.00)for the period from July 1,2011 to June 3o, 2012. The increase shall apply retroactively,with that portion of the increase that would have been paid for the period from July 1,2011 to March 5,2012 to be paid in a single lump sum payment not later than the next paycheck to be delivered to Mr.Miller. 2. Attendance at Kenney School of Management:To further enhance the manager's performance and capabilities,which will provide a direct benefit to the City,Mr.Miller is authorized to submit an application to and when accepted to enroll in the three week course offered to senior executives in local or state government at the Harvard Kennedy School or a similar program for local or state government leaders. The City will pay the tuition/regular charge for the program. At Mr.Miller's discretion,Mr. Miller may take a full week's vacation in the week preceding the program and one week's vacation following the course (for a total of two weeks—provided Mr.Miller has at least two weeks of accrued vacation time prior to the commencement of the program and with the understanding that this provision does not affect the formula for accrual of or increase vacation time assigned to Mr. Miller). Mr.Miller may submit his application for consideration for the program to be held in the summer of 2013 or later. Mr.Miller will also apply to ICMA for available fellowships to reduce the cost to the City for the program fees,however,if Mr. Miller does not receive a fellowship or grant,the City will pay the program fee. FURTHER RESOLVED,upon the adoption of this Resolution by a vote of at least a majority of the City Council approving this Resolution,this Resolution shall be deemed,without necessity of a further writing,to be an addendum to the current employment contract between Mr.Miller and the City of South Burlington,amending or supplementing only those provisions which are specifically addressed by the provisions of this Resolution. Except as specifically amended by this Resolution,all terms and provisions not amended shall remain in full force and effect. In the event of an apparent conflict between a term or provision of the current employment contract between Mr.Miller and the City of South Burlington and the provisions of this Addendum,the terms of this Addendum shall prevail. FURTHER RESOLVED,should Mr. Miller or the Council determine that a formal amendment to the contract of employment between Mr.Miller and the City of South Burlington is necessary, then the provisions of this Resolution shall be incorporated into an amendment,with the advice of counsel if necessary, and the then current Chair of the City Council is hereby authorized and directed to execute the amendment when it is prepared. A determination that an amendment to the contract is required shall have no effect on the validity or enforceability of the provisions of this Resolution,such amendment being only a formality. [SIGNATURE PAGE FOLLOWS] IN WITNESS OF THE ADOPTION OF THE RESOLUTION ADOPTING THE CITY MANAGER'S CONTRACT by the City Council of outh gton AN ADDENDUM nD��as March,2012,we have subscribed our names to these Resolutions indicatingour a Y of approval. Sandra Dooley,Chair Rosanne Greco, Clerk Meaghan En ,Vice Chair Paul Engels,Comic r aaP nc' 0 _"_ I accept the changes to my employment contract dated April 25, 2011 as amended by City Council March 5, 2012. Sanford I. Miller 3 IL I:4 I City of South Burlington,575 Dorset Street,VT 05403 802-846-4107 Website:sburl.com Commission,Boards and Committee Application Form Note to applicants,including incumbents:After submitting a completed application to the City Manager's Office you will be required to attend a City Council meeting to be interviewed.You will be advised of the date and approximate time of the Council meeting when you will be interviewed and your application considered. Please print clearly Legal Full Name: Gretchen Calcagni Date of Birth: • Other Names/Nicknames Used: Present Mailing Address:80 Bayberry Lane S.Burlington,VT 05403 How long at this Address? 7 months • Legal residence:(if different from above) N7 Stonehedge Drive S. Burlington,VT 05403 H&ine Phone: Business Phone: Cell Phone: E-mail 41111 Current Employer: Optimal Energy, Inc. Years of Service: 6.5 months Employer Contact Person and Phone: Jeff Loiter,802-453-5100 x 18 • Are you a legally registered voter in the City of South Burlington?Yes x No Position(Commission,Board or Committee)applying for:1) Planning Commission 2) Development Review Board 3) Term (Please provide your 1st, 2nd, &3rd choices) Please give detail stating why you want to serve in this capacity and list qualifications you have which you believe may be . beneficial to the commission,committee or board you are applying to(please use back of form or attach additional sheets as needed). •Please see attached sheet. Do you have any violations other than minor traffic violations?Have you ever been charged with,or convicted of,a criminal • offense?If so,provide complete details(use back of form or attach additional sheets as needed). Na. • • By signing here you acknowledge:All Information provided is accurate and complete to the best of your ability;and,you understand the City Council has the authority to remove members appointed by them in accordance with the City Charter and Vermont State Statue,as applicable,for misrepresentation of any statement made on this application. Please sign here: �',�te,4e,,nhayri Date: 03 / 11 / 2013 By signing here you understand a Criminal Convictions Records History will be obtained by the City of South Burlington Duly Authorized Agent from the Vermont Criminal Information Center,as permitted by law.Any and all confidential information(birth date,etc)will not be shared with any outside party and will be solely used by the City Manager's office. Signature: l�'ret4,4cs Ca/eap/ Date: 03 / 11 / 2013 City Manager's Office Use Only • Application has been notified by e-mail,etc) z,},1 Ors to attend Council meetingon3 Notification made by(staff ersoi CV- I� /d3 (date) P � � Term of appointment(to-from) � Voter registration verified by(staff person) Da e r/c / A"'4) rcr incum�ents-atter.oar cc curing the past year has been.;proviae numerscol ir:tor mati;n) fi)pr retchen Calcagni EDUCATION DUKE UNIVERSITY,Sanford School of Public Policy Durham NC Master of Public Policy,May 2012 ' Relevant elective courses: Sustainable Cities and Urban Design,Land Use Planning,National Housing Policy,Modeling and Analysis for Environmental Sustainability(Fuqua School of Business) Masters Project:Household Willingness to Pay for Improved Energy Efficiency in the U.S Rental Housing Market • UNIVERSITY OF VIRGINIA Charlottesville,VA B.A. in Sociology with Highest Distinction,Minor in Psychology,May 2007 EXPERIENCE 2012-Present OPTIMAL ENERGY,INC. Bristol,VT Analyst • Research and analyze energy-efficient and renewable energy technology costs, energy savings and market penetrations as well as energy efficiency programs and strategies • Perform economic analysis,including cost-benefit analysis,of energy resources • Analyze the efficiency and renewable potential available from specific geographic areas • Provide research support for expert testimony • Summer 2011 ROCKY MOUNTAIN INSTITUTE Research and Consulting Intern,Buildings Team Boulder, CO • Researched innovative affordable housing projects that utilized high levels of energy efficiency. • Interviewed Public Housing Authorities across the country to identify barriers to constructing energy efficient affordable housing. • Collaborated with Enterprise Green Communities to advance energy efficiency in affordable housing through a network of affordable housing stakeholders. ,2009-2010 VERMONT HOUSING&CONSERVATION BOARD Grants Coordinator Montpelier, VT • Processed,documented,monitored and reported on funding awards for VHCB's affordable housing, • land conservation,and historic preservation grants programs. • Drafted commitment letters and grant agreements between grantees and VHCB. • • Oversaw special project funds,tracking and analyzing commitment statuses, and balances. • 2008-2009 NORTEL GOVERNMENT SOLUTIONS South Burlington, VT Administrative Specialist,USCIS Academy,Department of Homeland Security • • Contributed to development and implementation of administrative processes and standard operating procedures for U.S. Citizenship&Immigration Services training programs totaling$55 million. • Participated in weekly meetings with Academy management to provide briefing information, engage in trouble shooting,and clarify policy. 2007-2008 VERMONT HUMANITIES COUNCIL Program Assistant Montpelier,VT • Collaborated with scholars, speakers, facilitators, and organizations to manage and implement community education programs. • Coordinated grants program: drafted grant agreements,processed project disbursements,prepared grant reports,reviewed final evaluations,and resolved financial reporting issues. • Tracked and analyzed data for use in various reports and budget development. A: _ card Member, Cc ,: at:en Tr..st for Norl Carolina(Sanford School Board Leadership Commission, Boards and Committee Application Form Cont. Gretchen Calcagni Please give detail stating why you want to serve in this capacity and list qualifications you have which you believe may be beneficial to the commission,committee or board you are applying to. I was fortunate enough to grow up in South Burlington and feel a strong connection to the city. As a member of South Burlington's Planning Commission or Development Review Board, I hope to give back to the community by ensuring that the city continues to thrive and offer a high quality of life to its residents for generations to come. Many complex land use planning issues I are at the core of what will define South Burlington's future. I would like to be involved in the land use and development planning process in South Burlington to help guide decisions that y : meet community needs while safeguarding important natural resources. I believe my education, 4 { volunteer, and professional experiences give me the skills and knowledge to analyze various land use issues to inform discussions and develop successful policies. I moved back to South Burlington this past August after receiving my Master of Public Policy at . Duke University. Prior to attending graduate school, I worked as the Grants Coordinator for the Vermont Housing and Conservation Board. The organization provides grants, loans and technical assistance to nonprofit organizations,municipalities and state agencies for the development of affordable housing and for the conservation of agricultural and recreational land, natural areas and historic properties in Vermont. While at VHCB, I developed an understanding of some of the development and land use considerations and challenges facing many parts of the State. Such issues include the need for adequate affordable housing as well as balancing Vermonters' interest in economic growth with a desire to preserve open landscapes. I also attended board meetings and became familiar with the way groups discuss and make decisions about land use and development. I gained additional experience with this group decision-making process as a nonvoting board member for the Conservation Trust of North Carolina while a student at Duke. Through my graduate program at Duke, I gained analytical, research, and communication skills that enable me to define and measure policy problems and to develop,evaluate,and implement solutions. In my current position as an Analyst with Optimal Energy, I use these skills to analyze quantitative and qualitative information to guide decision making in energy efficiency program planning and implementation. Also,as a masters student, I completed course work in land use planning, housing policy, as well as sustainable urban design. I developed an understanding of the key factors that shape and drive the way land is used as well as the environmental,social and cultural impacts of different land uses. Additionally, I gained a familiarity with concepts of sustainable development such as Form Based Codes,Smart Growth principles, and LEED for Neighborhood Development criteria. The skills and knowledge base I have acquired will allow me to analyze various land use policies in South Burlington and determine which options will best support the highest quality of life for both current and future residents. -) as 6 v_ co O N Lo N- W H O Z • a) a) U U O O - t U U 11 L_1 ''AA L LL ui 0 EL te W I O 0 I- Z_ O 0 a co a W LU W LLJ H z z O a O a > LLI I-- W 0 I— F" C mal , U C U co Tu C U CU 0 za� a CI) O U �! aci L U C.) m 2 COm CD 0 i c c a) a) ILI F- _I .c ` g. c ` c to M a3 (� tf N VS LC)ZN R. N? _ c O -r cCD I cO >' 0) >' C O F. M a) N CO a) N a- a) N A a) N O H a) � a 1- 1- U)I' z1 o' aj a aj I W r 1 CO C Used for 2011-2012 Applicants' Interviews Questions and Guidelines for SB Applicants' Interviews Prepared based on Councilors input(6/6/11) • It is suggested that each applicant be asked all questions by the same Councilor. This may be the Chair, Vice-Chair or a rotation involving all Councilors to be determined at the time of the interview. • All common questions can be asked of each applicant before there would be follow-up by any Councilor. • At the end of Councilor questions, applicants have the opportunity to ask questions of Council. • Given the number of interviews to be conducted, we would like to"average"five (S) minutes per interview-we do recognize some interviews may exceed five minutes and others last less than five minutes. Applicants are asked to be succinct in their responses to questions. Question applicants will be asked are: 1. Please explain why your background or education or interests has led you to apply for the 2. Have you ever served on a South Burlington or other community's committee in a similar(or different) capacity? 3. [For DRB applicants only] Can you given an instance of a situation where you had a preconceived opinion about an issue and changed your mind about it? 4. As this position involves working with a group of fellow citizens, what do you like most(and least), about working with a small group of people? 5. Council follow-up questions? JLadd From: Bob Rusten Sent: Thursday, March 14, 2013 7:36 AM To: jladd@sburl.com Subject: for 3/18 agenda Attachments: Council Memo Community Gardens (3).doc Categories: Interview HI Janice. Attachment for item under Manager's report. Did you get a chance to review the language I sent to you yesterday? Also, I figured that under the agenda that after each Public Hearing (LDRs and Fire) shouldn't we have an agenda item for Council to review and determine whether to approve, amend or hold a further public hearing? Thanks. Bob Rusten Deputy City Manager City of South Burlington Notice- Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error,please notes us immediately by return email. Thank you for your cooperation. 2_ 4)3)iG ge -n5 el f lie. Ot'G . cck d 4.e4. /77 771u_ aame- 1 JLadd From: Celine Ingalls Sent: Friday, March 08, 2013 11:32 AM To: JLadd; Bob Rusten Subject: FW: National Kids to Parks Day 2013 Attachments: KTP_Proclamation (1).doc; SavetheDateCard.pdf Categories: Interview Hi Bob & Janice, Please see the email below and let me know if you would like me to do anything more with it. More information is attached. Thanks, Celine From: Grace Lee [mailto:grace.lee@Darktrust.org] Sent: Friday, March 08, 2013 10:58 AM To: Celine Ingalls Subject: National Kids to Parks Day 2013 We are excited to celebrate our 3rd annual National Kids to Park Day on Saturday, May 18, 2013 and invite your city to join us for this national movement that engages children with parks, nature, and healthy outdoor play. Last year we had 260 mayors from 45 states and Washington D.C. participate. Our goal this year is to get all 50 states involved! Cities and towns across the country have already pledged to participate by proclaiming May 18th as National Kids to Parks Day. Attached you will find a proclamation template. Please consider proclaiming May 18th as National Kids to Park Day in your community and showcase the great outdoor recreation activities available for your residents! Once we receive news that you will sign a proclamation, we will send you a link to an electronic toolkit full of free resources including press release and poster templates. You can even email your proclamation to me to save postage. •Also consider hosting or co-branding a kid-friendly event at one of your parks that weekend. Our online event search will help direct families in your community to details about your event! A copy of the proclamation can be emailed to grace.lee(a parktrust.org or mailed to: Grace Lee National Park Trust 401 E. Jefferson Street Suite 203 Rockville, MD 20850 Thank you for your participation. Together we will get hundreds of thousands of children outdoors for a national day of play! As Buddy Bison says, "Explore outdoors, the parks are yours!" Grace Lee Executive Director National Park Trust i Selected as "one of the best" by the Catalogue for Philanthropy 401 East Jefferson Street, Suite 203 Rockville, MD 20850 301-279-7275, ext. 14 301-279-7211, fax www.parktrust.org 2 JLadd From: Bob Rusten Sent: Friday, March 01, 2013 11:17 AM To: jladd@sburl.com; Bob Rusten (brusten@sburl.com) (brusten@sburl.com) Subject: 3/11 and 3/18 agenda Possible items 3/11 Organizational meeting Set date for reopened public hearing IZ 12-06 Firefighters CBA One-year extension to audit contract Disbursements 3/18 George Maille—noise abatement George Maille—regional airport Signage at PD Justin's two items What Council wants to do at Homestead at Wheeler Park LDR Public Hearing Fire Ordinance Public Hearing Interviews for Planning Commission and DRB Discuss and possible approval of Council strategy in regards to Homes Road and the Railroad crossing issue. Blanchette Fund paperwork—consent agenda When to schedule next legislative breakfast Police Impact Fee Ordinance Disbursements February Financials ((hi,fr Bob Rusten Deputy City Manager City of South Burlington Notice- Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error,please notes us immediately by return email. Thank you for your cooperation. 1 a. ae City of South Burlington 41144 City Clerk's Office ,( Donna Kinville, City Clerk c�� s SPECIAL EVENT(ENTERTAINMENT) OR CATERING PERMIT 41( 1)69. Z-)' gp° FULL NAME OF PERSON, PARTNERSHIP OR CORPORATION: A)(/).in mai-Moi-l'iet.61-Z25) ricji4.e' CONTACT PHONE NUMBER OR E-MAIL: a r vie ..5 .p 1:6 . ADDRESS: --- 0a.P' - rnf, rn DATE RECEIVED BY CLERK'S OFFICE: feltl , 4W/ . D0 POLICE APPROVED: DATE:FIRE APPROVED: f DATE: ') J4 � i'S ZONING APPROVED: /, DATE: Pgt— 0 RECREATION APPROVED: J--- DATE: HIGHWAY/HEALTH DEPT APPROVED: ,O.K.,./'�,,//. DATE: I' + 1 CITY COUNCIL DATE: DATE SENT TO MONTPELIER: ra I� f. , 746 VERMONT PERMIT APPLICATION FOR USE OF PUBLIC STREETS Date of Application: I 1 1 S") (.1 Application#: Name of Group Requesting Permit: ]k t 1I+4 4. SQ-k'Q S`,S Contact Person with Group: Group Name: • Contact Person: 1)to Address: _4.01 4 - Phone#: Home: ' VB S' Cell: TA- ' S Description of Event(including Route,Time, Date): CA,{s,G` b t_ _� ,t,`,"AO -1 a laA-- N+11 , Estimated Number of Participants: I)S., Marshalling and Dispersal Areas in South Burlington: J CX} ` + Vei\IIn O,r Sanitation Provided: `} �1/AkadLA Public Notice Provided: Route Marking Proposed: Public Safety Provided: V..i.R; Liability Insurance Provided: Y Signature of Applicant: Z' —"` Date: ) ( / 4et"i! ® National Multiple Sclerosis Society Greater New England Chapter Ms.Roseanne Greco January 14,2013 Chair S.Burlington City Council 575 Dorset St. S.Burlington,VT. 05403 Dear Ms. Greco, We will be holding our 2013 Green Mountain Getaway MS Bike Ride on August 3r3 and 4th,2013.This two day, 150 mile ride attracts 200 participants who take part to raise funds for Multiple Sclerosis.Multiple Sclerosis is a disease that has hit Vermont especially hard.Nearly 1 in every 400 Vermont residents has MS,a per capita rate that is about 70%higher than the nation as a whole.The funds we raise through special events such as the Green Mountain Getaway pay for our programs and services,in addition to funding research for a cure. Each day the ride will start and finish at the University of Vermont(Burlington) campus,where the riders will also overnight on Saturday.We respectfully ask permission from the City of South Burlington to use city roads for our annual two day event. Our cyclists will be passing through town on Saturday and Sunday between 8am—4pm. I have included route cue sheets for your review,and we will thoroughly mark the route and have police details where appropiate.Please let me know if there are additional steps,permits or permissions I must take to assure approval for the event. We operate a support team consisting of medical personnel,bicycle mechanics,and amateur(HAM)radio operators. Our lead HAM radio operator monitors all emergency radio frequencies,so that we can close or redirect our route should that become necessary. If we can have your permission,please fax or return one signed copy of this letter to me.Please feel free to call or email me if you have any questions or concerns.Thank you for your consideration and for your support.We greatly appreciate it. Best Regarps; Drew Davis Logistics Manager NMSS Greater New England Chapter (w)781-693-5158 (f)781-890-2089 Drew.davis ra)n ms s.org *Signature: *Date: *Printed Name: C1A First Avenue Waltham MA 02451 tel +1 800 344 4867 fax 1 781 890 2089 www. - newengland.org 1 ® DATE(MMIDDlY1'YY) A CERTIFICATE OF LIABILITY INSURANCE 12127/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: MARSH USA,INC. PHONE FAX 445 SOUTH STREET (A/C.No.Ext): I(A/C,No): MORRISTOWN,NJ 07960-6454 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# 123456-Stand-12-13 WALTH INSURER A:Federal Insurance Company 20281 INSURED INSURER e:Great Northern Insurance Company 120303 NATIONAL MULTIPLE SCLEROSIS SOCIETY ACE Property&Casualty Insurance Company 20699 GREATER NEW ENGLAND CHAPTER INSURER C: 101A FIRST AVENUE,STE 6 INSURER D:Employers Insurance Company Of Wausau 121458 WALTHAM,MA 02451 I INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-006353278-02 REVISION NUMBER:2 I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDLISUBR I POLICY EFF POLICY EXP INSR I TYPE OF INSURANCE POLICY NUMBER '(MM/DDIYYYY) (MM/DDIYYYY) LIMITS LAR' I INSR I WYD 13583-33-49 12/31/2012 12/31/2013 A iGENERAL LIABILITY EACH OCCURRENCE $ 1'000'000 X DAMAGE TO RENTED 1,000,000 COMMERCIAL GENERAL LIABILITY I PREMISES(Ea occurrence) 1$ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 1 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1 j POLICY I j jFC07 TI LOC $ B I AUTOMOBILE LIABILITY (12)7353-02-37 !12/31/2012 12/31/2013 COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X I ANY AUTO , BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ 'I AUTOS ,AUTOS X NON-OWNED PROPERTY DAMAGE $ , HIRED AUTOS x AUTOS I (Per accident) Comp/Coll Deductible $ 1,000 C X .UMBRELLA LIAB 1 X OCCUR IM00552835 022 12/31/2012 12/31/2013 ' EACH OCCURRENCE i$ 5,000,000 I EXCESS LIAB CLAIMS-MADE ' AGGREGATE $ 5,000,000 I'. DED RETENTIONS $ D I WORKERS COMPENSATION WCC-Z91-451053-012 12/31/2012 12/31/2013 1 X I WC ST I AT IOT AND EMPLOYERS'LIABILITY YIN ER 1,000,000 I ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N NIA I 1,000,000 I(Mandatory in NH) I E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 I DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ I I I 1 I DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE:MS 150 THE CITY OF SOUTH BURLINGTON IS ADDED AS ADDITIONAL INSURED EXCLUDING WORKERS'COMPENSATION AND EMPLOYERS'LIABILITY POLICY. CERTIFICATE HOLDER CANCELLATION CITY OF SOUTH BURLINGTON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN:LAURA KIMBALL THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 575 DORSET ST. ACCORDANCE WITH THE POLICY PROVISIONS. SOUTH BURLINGTON,VT 05403 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee _34.o-'.A- - ''&^^-Ce-' , ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 2013 Bike MS Green Mountain Getaway - Saturday 50 mile Net Control: 781-697-9058 Miles Direction Description Go Town: PD 0.0 R South on Spear St 6.9 S. Burlington 6.9 R Irish Hill Rd 1.6 Shelburne 8.5 S Cross Rt. 7 onto Bostwick Rd 1.8 PD 10.3 BL Road turns left and becomes Greenbush Rd. 3.5 13.8 S Rest Stop-Old Lantern Inn 5.9 Charlotte 19.7 BR Route 7- Stay on shoulder 1.4 21.1 L Little Chicago Rd. 0.9 Ferrisburgh 22.0 L Botsford Rd -ROUTE SPLIT- 50 goes Left 2.1 24.1 S Becomes Comfort Hill Rd -caution steep downhill 0.4 24.5 L Water St. - up short STEEP hill 0.1 Vergennes 24.6 I R Main St. - Rt. 22A 0.4 25.0 R Panton Rd. 0.3 25.3 S IRest Stop -Goodrich Plant 0.3 • 25.6 L !Main St. - Rt. 22A-ROUTE SPLIT- 50 goes Left 0.3 25.9 L Water St. 0.3 26.2 R Comfort Hill Rd. 2.3 28.5 R Little Chicago Rd. 0.9 Ferrisburgh 29.4 L Rt. 7 4.2 33.6 R Old Hollow Rd 0.5 34.1 L Mount Philo Rd 0.4 34.5 BR Spear St. 7.4 Charlotte 41.9 S Rest Stop-East Charlotte 10.0 I 51.9 L Finish at UVM S. Burlington FINISH Finish Line- Congratulations! You made it! Route closes at 4:30PM L=Left, R=Right,X=Cross, S=Straight, B=Bear,@=at 2013 Bike MS Green Mountain Getaway - Saturday 80 mile Net Control: 781-697-9058 Miles I Direction r Description Go Town: , 0.0 R !South on Spear St 6.9 S. Burlington 6.9 R IIrish Hill Rd 1.6 1 Shelburne 8.5 S Cross Rt. 7 onto Bostwick Rd , 1.8 10.3 BL Road turns left and becomes Greenbush Rd, 3.5 13.8 1 S Rest Stop - Old Lantern inn 5.9 Charlotte 19.7 BR Route 7 - Stay on shoulder 1.4 21.1 L Little Chicago Rd. 0.9 Ferrisburgh 22.0 L Botsford Rd - ROUTE SPLIT- 75 goes Left 2.1 24.1 S Becomes Comfort Hill Rd - caution steep downhill 0.4 24.5 L Water St. - up short STEEP hill 0.1 Vergennes 24.6 , R I Main St. - Rt. 22A I 0.4 , 25.0 I R Panton Rd. 0.3 I 25.3 S I Rest Stop - Goodrich Plant 4.0 29.3 I BL Onto Jersey St. - ROUTE SPLIT- 75 Bears Left 0.5 Panton 29.8 R Pease Rd. 0.9 . 30.7 L Lake St. 5.9 36.6 S Rt. 17 1.9 Addison 38.5 R Cross Champlain Bridge 0.7 39.2 R Rest Stop - LUNCH - Crown Point State Historic Area Crown Point 39.2 I L Cross Champlain Bridge 0.7 39.9 ; L Rt. 17 - ROUTE SPLIT- 75 goes Left 2.2 42.1 BR On Rt. 17 2.2 44.3 S 'Onto Jersey St. 1.1 45.4 ' R Goodrich Rd. - There is 0.8 miles of unpaved road 1.1 46.5 L Onto Jersey St. 3.7 Panton 50.2 R Panton Rd. 3.9 54.1 S Rest Stop - Goodrich Plant 0.3 Vergennes 54.4 L Main St. - Rt. 22A 0.3 54.7 _i^ L Water St. _ 0.3 55.0 ' R Comfort Hill Rd. 2.: 57.3 I1 R Little Chicago Rd. 0.9 Ferrisburgh E 58.2 I L Rt. 7 4.2 62.4 R Old Hollow Rd 0.5 62.9 L Mount Philo Rd 0.4 63.3 BR Spear St. 7.4 Charlotte I 70.7 S Rest Stop - East Charlotte 10.0 80.7 L I Finish at UVM S. Burlington FINISH !Finish Line - Congratulations! You made it! Route closes at 4:30PM L=Left, R=Right, X=Cross, S=Straight, B=Bear, @=at 2013 Bike MS Green Mountain Getaway - Saturday 100 mile Net Control: 781-697-9058 Miles Direction Description Go Town: PD 0.0 R South on Spear St 6.9 S. Burlington 6.9 R Irish Hill Rd 1.6 Shelburne 8.5 S Cross Rt. 7 onto Bostwick Rd 1.8 PD 10.3 BL Road turns left and becomes Greenbush Rd. 3.5 13.8 S Rest Stop-Old Lantern Inn 5.9 Charlotte 19.7 BR Route 7-Stay on shoulder 1.4 21.1 R Little Chicago Rd. 0.9 Ferrisburgh 22.0 R Hawkins Rd -ROUTE SPLIT- 100 goes Right 3.2 25.2 L Sand Hill Rd 6.7 31.9 S Water St.-up short STEEP hill 0.1 Vergennes 32.0 R Main St. -Rt. 22A 0.4 32.4 R Panton Rd. 0.3 32.7 S Rest Stop-Goodrich Plant 1.2 33.9 R Basin Harbor Rd. -ROUTE SPLIT- 100 goes Right 4.4 38.3 L Button Bay Rd 4.0 42.3 S Onto Jersey Rd. 0.5 Panton 42.8 R Pease Rd. 0.9 43.7 L Lake St. 5.9 49.6 S Rt. 17 1.9 Addison 51.5 R Cross Champlain Bridge 0.7 52.2 R Rest Stop-LUNCH-Crown Point State Historic Area Crown Point 52.2 L Cross Champlain Bridge 0.7 52.9 R Rt. 125-ROUTE SPLIT- 100 goes Right 3.6 56.5 L Basin Harbor Rd. 1.4 57.9 Becomes Jersey St. 3.3 61.2 BR On Rt. 17 2.2 63.4 S Onto Jersey St. 1.1 64.5 R Goodrich Rd. -There is 0.8 miles of unpaved road 1.1 65.6 L Onto Jersey St. 3.7 Panton 69.3 R Panton Rd. 3.9 73.2 S Rest Stop-Goodrich Plant 0.3 Vergennes 73.5 L Main St. -Rt.22A 0.3 73.8 L Water St. 0.3 74.1 R Comfort Hill Rd. 2.3 76.4 R Little Chicago Rd. 0.9 Ferrisburgh 77.3 L Rt. 7 4.2 81.5 R Old Hollow Rd 0.5 82.0 L Mount Philo Rd 0.4 82.4 BR Spear St. 5.3 Charlotte 87.7 S Rest Stop-East Charlotte 10.7 98.4 L Finish at UVM S. Burlington FINISH Finish Line-Congratulations!You made it! Route closes at 4:30PM L=Left, R=Right,X=Cross,S=Straight, B=Bear,@=at 2013 Bike MS Green Mountain Getaway - Sunday 45 mile Net Control: 781-697-9058 I Miles Direction I Description Go Town: PD 0.0 R South on Spear St 2.0 S. Burlington 2.0 L Swift St. - stay on the road 0.6 2.6 R Dorset St. 3.9 I 6.5 L Shelburne Falls Rd. 5.5 Shelburne 12.0 S Cross Rt 116 at traffic light on CVU Rd. 0.6 Hinesburg 12.6 BR Rest Stop -CVU S On Richmond Rd. 6.0 Richmond 18.6 L East Hill Rd. (Fays Corner) -ROUTE SPLIT-45 goes Left 0.4 19.0 R East Hill Rd. 1.6 20.6 R South Rd. 1.3 Williston 21.9 L Oak Hill Rd. 6.9 28.8 S Richmond Rd. 0.6 . 29.4 R Commerce St. 0.3 29.7 1 L Rt 116 0.4 Hinesburg 30.1 R Charlotte - Hinesburg Rd 0.1 30.2 R Rest Stop - Hinesburg Town Hall Parking Lot 4.2 34.4 I R Spear St. 9.6 Charlotte 44.0 L Finish at UVM S. Burlington FINISH Finish Line- Congratulations! You made it! Route closes at 4:30PM Note: Eliminating the Williston loop yields a 28 mile loop but only one rest stop would be available in Hinesburg. L=Left, R=Right,X=Cross, S=Straight, B=Bear,@=at 2013 Bike MS Green Mountain Getaway - Sunday 75 mile Net Control: 781-697-9058 Miles Direction Description Go Town: PD 0.0 R South on Spear St 2.0 S. Burlington 2.0 L Swift St. -stay on the road 0.6 2.6 R Dorset St. 3.9 6.5 L Shelburne Falls Rd. 5.5 Shelburne I 12.0 S Cross Rt 116 at traffic light on CVU Rd. 0.6 Hinesburg 12.6 I BR Rest Stop- CVU S On Richmond Rd. 6.0 Richmond 18.6 R Hinesburg Rd. at Fays Corner-ROUTE SPLIT- 75 goes Right 1.5 Richmond 20.1 R Huntington Rd. -toughest climb of the day 5.6 25.7 S Rest Stop- Huntington 6.0 Huntington 31.7 S Hanksville 2.5 34.2 1 R Rt 17 2.3 Starksboro 36.5 _ S Top of`ill 4.7 41.2 L IRt 116 3.3 Bristol 5 I 'Rest Stop- LUNCH - Bristol Green -ROUTE SPLIT- 75 goes Right R North St 8.9 53.4 R Tyler Bridge Rd. at Monkton Ridge 3.1 Monkton 56.5 L Rt 116 4.3 Hinesburg 60.8 L Charlotte - Hinesburg Rd 0.1 60.9 R Rest Stop- Hinesburg Town Hall Parking Lot 4.2 65.1 R Spear St. 9.6 Charlotte I 74.7 L Finish at UVM S. Burlington 1 j FINISH Finish Line-Congratulations!You made it! 11 Route closes at 4:30PM L=Left, R=Right,X=Cross, S=Straight, B=Bear, @=at 2013 Bike MS Green Mountain Getaway - Sunday 100 mile Net Control: 781-697-9058 Miles Direction Description Go Town: 0.0 R South on Spear St 2.0 S. Burlington 2.0 L Swift St. - stay on the road 0.6 2.6 R Dorset St. 3.9 6.5 L Shelburne Falls Rd. 5.5 Shelburne I 12.0 S Cross Rt 116 at traffic light on CVU Rd. 0.6 Hinesburg I 12.6 BR Rest Stop - CVU S On Richmond Rd. 6.0 18.6 R Hinesburg Rd. at Fays Corner- ROUTE SPLIT- 100 goes Right r 1.5 Richmond 20.1 R Huntington Rd. -toughest climb of the day 5.6 25.7 S Rest Stop - Huntington 6.0 Huntington 31.7 S Hanksville 2.5 34.2 R Rt 17 2.3 Starksboro 36.5 S Top of hill _ 4.7 41.2 I L Rt 116 3.3 Bristol i 44.5 Rest Stop - Bristol Green - ROUTE SPLIT- 100 cont. straight Continue west on Rt. 116 0.9 45.4 L On Rt. 116 at blinking red light 2.1 47.5 R River Rd 0.8 Middlebury 48.3 L Munger St. 4.2 52.5 R Painter Rd. 2.7 55.2 BR Seminary St. - up hill 1.2 56.4 R High St. -No street sign 0.4 I 56.8 1 R Rt, 7 2.4 59.2 I R River Rd 4.3 New Haven 63.5 S New Haven Mills 0.8 64.3 S Rt 116 1.5 Bristol 65.8 R Hewitt Rd 0.9 66.7 L Lovers Lane 0.5 67.2 R Rt 17 0.9 68.1 L Rest Stop - LUNCH - Bristol Green S North St _ _ 8.9 77.0 R Tyler Bridge Rd. at Monkton Ridge 3,1 Monkton 80.1 L Rt 116 4.3 Hinesburg 84,4 1 L Charlotte - Hinesburg Rd 0.1 84.5 R Rest Stop - Hinesburg Town Hall Parking Lot 4.2 88.7 R Spear St. 9.6 Charlotte 98.3 L Finish at UVM S. Burlington FINISH Finish Line- Congratulations! You made it! Route closes at 4:30PM L=Left, R=Right, X=Cross, S=Straight, B=Bear, @=at Laura From: Justin Rabidoux Sent: Tuesday,January 29, 2013 10:02 AM To: Laura Subject: RE:Aug 3-4, 2013 event OK with me. From: Laura Sent:Tuesday, January 29, 2013 9:41 AM To: ray; Trevor Whipple; Justin Rabidoux; Doug Brent Subject: Aug 3-4, 2013 event Hello- This event is for MS Society bike ride this summer. Let me know if there are any issues. Thanks- Laura 64 if, gran fir Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 Ikimball@sburl.com Notice-Under Vermont's Public Records Act,all e-mail,e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business,concerning a City official or staff,or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request,unless otherwise made confidential by law.If you have received this message in error,please notify us immediately by return email Thank you for your cooperation. 1 Laura From: ray Sent: Wednesday, January 30, 2013 11:02 AM To: Laura Subject: RE:Aug 3-4, 2013 event No zoning issues. Ray Belau. Administrative Officer City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 802-846-4106 www.sburl.com Notice-Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff,or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error,please notify us immediately by return email. Thank you for your cooperation. From: Laura Sent:Tuesday,January 29, 2013 9:41 AM To: ray; Trevor Whipple; Justin Rabidoux; Doug Brent Subject: Aug 3-4, 2013 event Hello- This event is for MS Society bike ride this summer. Let me know if there are any issues. Thanks- Laura Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 lkimball@sburl.com 1 Laura From: Terry Francis Sent: Thursday, February 14, 2013 1:49 PM To: Laura Subject: RE: National MS Society bike ride Laura: Don't see any issues. Nice to see someone be early in-processing for permits. From: Laura Sent: Thursday, February 14, 2013 10:15 AM To: Terry Francis Subject: National MS Society bike ride Terry- This event is August 3-4, 2013. Let me know if there are any issues. Thanks- Laura •rap Or • Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 lkimball@sburl.com Notice-Under Vermont's Public Records Act,all e-mail,e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business,concerning a City official or staff,or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request,unless otherwise made confidential by law.If you have received this message in error,please notify us immediately by return email Thank you for your cooperation. 1