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HomeMy WebLinkAboutMinutes - City Council - 11/03/2014CITY COUNCIL 3 NOVEMBER 2014 The South Burlington City Council held a special meeting on Monday, 3 November 2014, at 6:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: P. Nowak, Chair; H. Riehle, C. Shaw, M. Emery, J. Simson Also Present: K. Dorn, City Manager; T., Hubbard,, Deputy City Manager; L. Bresee, B. Breslend, G. Calese, Jr., B. Nowak, R. Greco, B.Bull, L. Michaels, B. Pace, other residents Ms. Nowak welcomed new Council member John Simson. 1. Agenda Review: additions, deletions or changes in order of agenda items: No changes were made to the Agenda. 2. Comments & Questions from the public not related to the agenda: Ms. Greco: Thanked those who beautified the area around the Wheeler Homestead. Also thanked those for the work done on City Hall. Mr. Dorn noted that Tom Hubbard, Justin Rabidoux and Tom DiPietro were responsible for the City Hall project. Mr. Hubbard noted that a city logo will also be mounted on the front of the building Asked about a discussion regarding the City Center sewer allocation. Ms. Nowak said it will be on the next agenda. Expressed concern with the process of appointing the interim Council member and felt the interview should have been done in public. 3. Announcements and City Manager’s Report: Mr. Dorn: Advised that Betsy Terry will be the interim Recreation and Parks Director. He said she is one of the most knowledgeable recreation people in New England. She will start work on 24 November. The Task Force for master planning is being assembled and will hold its first meeting on Thursday from 6-8 pm. The impetus for this group was to match capital plans for the city and schools so they are not seeking funds at the same time. The proposal by Saxon Partners to purchase Central School will also be included in the discussions. Members of the administrative team met with Rotary people regarding a special event next summer to commemorate the 150th anniversary of the founding of South Burlington. On Thursday, he, Mr. Hubbard, Mr. Conner and Ms. Blanchard will be involved in a trade show at the Sheraton to do a presentation on the City Center. More than 30 towns have now passed the resolution to cap the state education property tax. Council members reported on meetings and events they had attended and athletic championships won by South Burlington teams. 4. Consent Agenda: A. Sign Disbursements B. Approve Minutes of 17 and 20 October 2014 C. Approve SIWRF (Stormwater Impaired Waters Restoration Fund) stormwater grant Ms. Riehle moved to approve the Consent Agenda as presented. Mr. Shaw seconded. Motion passed unanimously. 5. Review of Special Meeting Agenda 11/8 for Social Service Requests: The meeting will be held at 9 a.m. in the upstairs conference room. There are 15 applications (one organization did not submit a request this year). Each applicant will have 10 minutes to present the request. Last year, the Council allotted $36,300 and agreed to level fund that amount for the coming budget. Requests total $44,600. Following the presentations, the Council may decide on funding so it can become part of the budget. 6. Interview applicants for South Burlington Boards, Commissions and Committees: The Council interviewed Lou Bresee and Brian Breslend for the remainder of the term that is open on the Development Review Board. 7. Discuss and possibly take action on a proposal to make City and School proposed annual budgets and reports available to the public utilizing electronic distribution methods: Mr. Dorn drew attention to a note from the City Attorney. Mr. Dorn also noted this issue was raised by a community member who felt mailing the proposed budget city-wide was a poor use of funds. The City Charter simply says the budget has to be available to the public. The proposal is to send a post card to each household to tell people they can access budgets on-line or can come in for a hard copy at no charge. This same option is being presented to the School Board as well. Mr. Hubbard noted that the cost to mail the budget citywide is $8000 each for the city and school district. That money is budgeted for the upcoming budget. Members felt they would like to try the electronic method with appropriate notice to citizens in The Other Paper and by post card. Mr. Dorn noted the school district would have to agree or it can’t be done. Ms. Riehle moved to direct city and school staff to implement a process utilizing an electronic distribution method of the city and school budget preceded by advertisement in The Other Paper and by mailed post card. Mr. Simson seconded. Motion passed unanimously 8. Liquor Control Board: Mr. Shaw moved that the Council convene as Liquor Control Board. Mr. Simson seconded. Motion passed unanimously A. Special event Permit: Magic Hat Special Events 18 November and 28 December B. Liquor License Approval: Junior’s Rustico first class license/outside consumption permit 2014 Ms. Riehle moved to approve the Special Event permit for Magic Hat special events as presented. Mr. Shaw seconded. Motion passed unanimously. Mr. Calese said that they are asking to be open 11 a.m. to Midnight on weekends and 11 a.m. to 11 p.m. on weekdays during warmer weather and half an hour earlier closing in the winter. Residents of the neighborhood where Junior’s Rustico is located expressed concern with the late hours and with early morning noise from dumpsters, etc. Mr. Calese said they are marketing to an “adult clientele” and have outdoor security. He said he would solve the early morning dumpster issues. Residents were also concerned that a “natural barrier” fencing was taken down because it was in bad repair and has not been replaced. They said attempts to discuss this with the property owners were unsuccessful. Council members asked Mr.Calese if he would talk with his landlord about putting in a fence or arba vitae on the berm. After discussion, Ms. Riehle moved to approve the first class license/outside consumption permit for Junior’s Rustico with closing hours of 10:30 on weekdays and 11:30 on weekends. Mr. Simson seconded. Motion passed 4-1 with Mr. Shaw voting against. Mr. Shaw moved to reconvene as City Council. Ms. Riehle seconded. Motion passed unanimously. 9. Other Business: Ms. Riehle said she was interested in an update from the Police Chief regarding excess military equipment. Ms. Riehle asked for an update on the Holmes Road issue. Mr. Dorn said there are 2 steps remaining. If it clears the Vermont Department of Transportation, it will move very fast. Ms. Emery asked about agreements with tenants for the Wheeler Building and whether the gardens will remain. Mr. Dorn said the leasing of the building will have no impact on the gardens. The building will remain a city building with some city functions there. 10. Consider entering executive session to discuss appointments to South Burlington Boards, Commission and Committees and to discuss contract issues where premature disclosure would put the City in a competitive disadvantage: Mr. Shaw moved that the Council meet in executive session to discuss appointments to boards, commission and committees and contract issues where premature disclosure would put the city in a competitive disadvantage. Further that Mr. Dorn and Mr. Hubbard be present at the executive session. Regular session would be resumed only to make appointment(s) and/or adjourn. Ms. Riehle seconded. Motion passed unanimously., Following the executive session, Ms. Riehle moved to appoint Brian Breslend to the remainder of the open term on the Development Review Board. Ms. Emery seconded. Motion passed unanimously. As there was no further business to come before the Council, Mr. Shaw moved to adjourn. Ms. Riehle seconded. Motion passed unanimously. The meeting was adjourned at 10:45 p.m. , Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. South Burlington Water Dept. Accounts Payable Check Register Date: 11/04/14 Date Check No. Paid To Memo Amount Paid 11/4/2014 2652 Avonda Air Systems 1,029.47 Date Voucher Number Reference Voucher Total Amount Paid 10/28/2014 VI-13510 REFUND 1,029.47 1,029.47 11/4/2014 2653 Champlain Water District 574.51 Date Voucher Number Reference Voucher Total Amount Paid 10/28/2014 VI-13511 REFUND RETAIL 574.51 574.51 11/4/2014 2654 Dorset Street Associates 107.10 Date Voucher Number Reference Voucher Total Amount Paid 10/28/2014 VI-13513 REFUND 107.10 107.10 11/4/2014 2655 E.J. Prescott, Inc. 539.82 Date Voucher Number Reference Voucher Total Amount Paid 10/20/2014 VI-13505 4872372 15.92 15.92 9/26/2014 VI-13506 4862101 523.90 523.90 11/4/2014 2656 Group Five Investors LLC 84.24 Date Voucher Number Reference Voucher Total Amount Paid 10/28/2014 VI-13509 REFUND 84.24 84.24 11/4/2014 2657 Joseph Miragali 177.47 Date Voucher Number Reference Voucher Total Amount Paid 10/28/2014 VI-13512 REFUND 177.47 177.47 11/4/2014 2658 Cary Moore 162.73 Date Voucher Number Reference Voucher Total Amount Paid 10/30/2014 VI-13518 REFUND OVERPYMT 162.73 162.73 11/4/2014 2659 Office Essentials 179.40 Date Voucher Number Reference Voucher Total Amount Paid 10/26/2014 VI-13504 30696 179.40 179.40 11/4/2014 2660 City Of South Burlington 277,254.47 Date Voucher Number Reference Voucher Total Amount Paid 10/30/2014 VI-13515 OCT SEWER 277,254.47 277,254.47 11/4/2014 2661 City Of South Burlington 167,581.48 Date Voucher Number Reference Voucher Total Amount Paid 10/30/2014 VI-13516 OCT STORMWATER 167,581.48 167,581.48 11/4/2014 2662 SoVerNet, Inc. 41.28 Date Voucher Number Reference Voucher Total Amount Paid 10/15/2014 VI-13508 3430318 41.28 41.28 Printed: October 30, 2014 Page 1 of 2 South Burlington Water Dept. Accounts Payable Check Register Date: 11/04/14 Date Check No. Paid To Memo Amount Paid 11/4/2014 2663 Joyce E. Stutler 183.32 Date Voucher Number Reference Voucher Total Amount Paid 10/21/2014 VI-13507 355189 183.32 183.32 11/4/2014 2664 Timothy Terrien 440.33 Date Voucher Number Reference Voucher Total Amount Paid 10/30/2014 VI-13519 REFUND SEWER 440.33 440.33 11/4/2014 2665 U.S. Postal Service 3,000.00 Date Voucher Number Reference Voucher Total Amount Paid 10/28/2014 VI-13514 REPLENISH BULK MAIL 3,000.00 3,000.00 Total Amount Paid: 451,355.62 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: October 30, 2014 Page 2 of 2 SPECIAL CITY COUNCIL 17 OCTOBER 2014 The South Burlington City Council held a special meeting on Friday, 17 October 2014, at 6:30 p.m. in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT – P. Nowak, Acting Chair; H. Riehle, C. Shaw, M. Emery ALSO PRESENT – K. Dorn, City Manager; T. Hubbard, Deputy City Manager; B. Nowak, T. Riehle, S. Dooley, J. Kearns Prior to addressing the agenda, Ms. Nowak thanked departing City Council Chair Pam Mackenzie for her years of service and wished her well in her new venture. 1. Agenda Review: Additions, deletions or changes in order of agenda items: No changes were made to the agenda. 2. Comments and questions from the public not related to the Agenda: No issues were raised. 3. Discuss and possibly decide process to appoint an interim City Council members to serve until such time as the voters elect a permanent replacement to complete the unexpired remainder of the term for the current open seat on the Council: a. Legal requirements from Charter b. Role of Council c. Process Mr. Dorn directed attention to a copy of a section from the City Charter indicating that when a vacancy occurs on the Council, the remaining Council members may fill that vacancy until the next election when the voters shall fill the vacancy. He said the decision on how to proceed is up to the Council Ms. Nowak asked each Councilor how they feel about the situation. Ms. Emery: Felt that there are important issues coming up (e.g., budget, legal action with the City of Burlington, etc.) would benefit from a full Council. She also felt the replacement should be someone who has previously been on the Council and could quickly come up to speed. She also preferred someone who would not be interested in running for the position in the next election. Mr. Shaw : Felt pretty much the same except that he felt he wouldn’t discount a State Representative filling the temporary position. SPECIAL CITY COUNCIL, 17 OCTOBER 2014 Ms. Riehle: Was comfortable with the 4 remaining Councilors going forward but agreed with the opinions of Ms. Emery and Mr. Shaw about any temporary replacement. Ms. Nowak: Felt there are people in the community who would be reliable, credible candidates that the remaining Council members would be comfortable with. She was also not opposed to the 4 remaining Councilors going forward. Ms. Nowak noted that Ms. Mackenzie was also the city’s representative to the Regional Planning Commission. She suggested Mr. Shaw, who was 1st alternate, assume that role and Ms. Dooley, who was 2nd alternate become 1st alternate. Members agreed to this arrangement. Ms. Nowak then suggested that members come to Monday night’s meeting with names that they would consider for the open seat. Mr. Dorn said there is an item on the Agenda that will allow for that. Ms. Nowak stressed that she felt the 4 remaining Councilors all have the best interests of the city at heart and would want someone with the skills, talents, integrity and fairness to fill the open position. Members agreed not to talk with any potential candidate before Monday’s meeting. They also agreed to send to Mr. Dorn a list of questions/criteria that any candidate would have to respond to (e.g., willingness not to run in the March election, not being out of town for any significant time during the winter, etc.). The list of questions/criteria decided upon will be shared with the community. Members also said they would decide on Monday whether there would be an interview of the potential candidate by the entire Council. Members then addressed the issue of who would serve as Chair if Ms. Nowak could not attend a meeting. Mr. Dorn will check on this with the City Attorney. 4. Other Business: No issues were raised. As there was no further business to come before the Council, Mr. Shaw moved to adjourn. Ms. Riehle seconded. Motion passed unanimously. The meeting was adjourned at 7:30 p.m. __________________________________, Clerk CITY COUNCIL 20 OCTOBER 2014 The South Burlington City Council held a regular meeting on Monday, 20 October 2014, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: P. Nowak, Chair; H. Riehle, C. Shaw, M. Emery ALSO PRESENT: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; Baker, Chittenden County Regional Planning Commission; L. Michaels, K. Epstein, D. Cummings, T. Ryan, R. Greco, S. Fahim, E. Tufano, M. Gruppi, other residents of 16 Harbor View Road 1. Agenda Review: Additions, deletions, or changes in order of agenda items: No changes were made to the Agenda. 2. Comments & Questions from the public not related to the Agenda: Ms. Tufano and Ms. Gruppi addressed the Council on behalf of residents of 16 Harbor View Road. They are concerned with a safety issue as they pull out of the residence onto the road. Because of the curve in the road and the hill, the visibility is not good, and other drivers come up the hill too fast. They suggested prohibiting on-street parking to allow for a clear view of the road and also possible speed bumps, signage and/or painted lines on the road. Mr. Ryan addressed the Council on the issue of the penalty for late filing of the homestead declaration. Ms. Nowak noted that state legislation allowed the Council to reduce the automatic 8% penalty to 2%. Mr. Shaw added that it wasn’t in the Council’s power to refund money people had already paid as a penalty because that money does not come to the city. Mr. Ryan said the state was charging only $15.00. He felt 2% was still way out of line. Mr. Ryan also felt that 8% penalty per quarter was too high for late filing of taxes when some towns charge only 8% at the end of the year. Ms. Greco asked that public comment regarding the City Center sewer allocation be included the next time this issue is heard by the Council. 3. Announcements and City Manager’s Report: Mr. Dorn: About 20 more communities have signed onto the same property tax resolution that the City Council passed, and at least 10 more have it on their agendas. Work is progressing on the Master Planning charge, task force, etc. CITY COUNCIL, 20 OCTOBER 2014, PAGE 2 A couple of community-based organizations are interested in leasing the Wheeler building. It is important to have someone in there in the winter. The tenants would pay utility costs. Council members reported on meetings and events they had attended. 4. Consent Agenda: a. Sign Disbursement b. Approve Minutes for 6 October Council meeting c. Accept Quarry Hill Road as a City street Mr. Shaw noted a correction to the spelling of a speaker’s name to Ms. Damm. Ms. Emery moved to approve the Consent Agenda with the above correction. Ms. Riehle seconded. Motion passed unanimously. 5. September Financial Report: Mr. Hubbard noted that revenues from both fire inspection and building and sign permits are up. Overtime for Police and Fire continues to be high. The hope is that Fire Department overtime will level off with the hiring of the new swing person. The Police Department has just graduated one person from the Academy and two more will finish up in the spring. Enterprise funds are in good shape. The cost for stormwater improvements at City Hall was $227,000. 6. Report from Chittenden County Regional Planning Commission: Mr. Baker reviewed the history of the CCRPC. He thanked the city for the representative it sense to their Board. He also provided a brief review of funding. Mr. Baker then directed attention to a list of local projects that have gone through the CCRPC and also some regional projects. He noted that the Exit 14 project is almost done for this year. Federal funding requires a “public participation plan,” and Mr. Baker said CCRPC is getting mor organized for this. Mr. Baker noted that as part of the contract with the Agency of Commerce, they were asked to discuss with communities expenses/purchases whose costs might be shared. There will be a questionnaire on this in the near future. CITY COUNCIL, 20 OCTOBER 2014, PAGE 3 CCRPC is working on river maps to deal with the issue of erosion. They will be encouraging municipalities to adhere to these maps. CCRPC will also be trying something new to engage with legislators at a legislative breakfast. Ms. Riehle asked if there has been any conversation about dealing with ebola. Mr. Baker said there has not. There is an emergency management planner, and the Department of Health is the lead on that. CCRPC can do outreach, if asked. Ms. Nowak thanked Mr. Baker for the project planning grants it they have provided for the city. Mr. Dorn noted that his team works almost daily with CCRPC, and he thanked them for the “collaborative tone.” Mr. Baker said the staff is great to work with. 7. Georgetown University Energy Prize Program Plan: Mr. Cummings said the goal of the plan is to promote: conservation, energy efficiency, and the use of renewable energy, which is exactly what the Georgetown prize wants to accomplish. He stressed that it is up to the whole city to win the prize. Mr. Cummings then outlined the structure for the program, including “champions” for each program area, team leaders for specific program, a volunteer coordinator, fundraising coordinator, and treasurer. He explained that the most important criteria for the prize is competition performance; other criteria include innovation, potential for replication, and likely future performance. There are 8 program areas: 1) overall awareness (outreach, marketing, education); 2) reducing residential electricity use; 3) reducing residential natural gas use; 4) reducing municipal electricity and natural gas use; 5) schools; 6) municipal planning & energy efficiency; 7) municipal photovoltaic generation; 8) residential photovoltaic generation. The next steps will include final details, recruitment of more volunteers and project leaders, beginning to implement projects, updating the Comprehensive Plan and Land Development Regulations, encouraging energy-smart habits, etc. Ms. Riehle asked what the Council can do to support this application. Mr. Cummings asked that the Council approve the plan and continue with its energy efficiency projects (LED lights, HVAC upgrades, etc.). Ms. Nowak asked how they would engage renters. Mr. Cummings said that is a challenging area, but they have started talking with one large landlord as to how the program could help CITY COUNCIL, 20 OCTOBER 2014, PAGE 4 him. He added that the real question is how to make the building of buildings more energy efficient and to make people interested in doing this. Ms. Riehle moved to approve the submission as presented with the understanding that there will be some typographical corrections and one addition. Ms. Emery seconded. Motion passed unanimously. Mr. Epstein asked for 10 minutes or so on Council agendas once a month. Members were OK with this. 8. Interview Applicants for South Burlington Boards, Commissions and Committees: The Council interviewed Shima Fahim for appointment to the Development Review Board. 9. Convene as the South Burlington Liquor Control Board to approve the following: a. Special Event Permit: Whistle Pig Whiskey (Sheraton, 5 November 2014): Ms. Riehle moved that the Council convene as Liquor Control Board. Ms. Emery seconded. Motion passed unanimously. Ms. Riehle moved to approve the Special Event Permit for Whistle Pig Whiskey at the Sheraton on 5 November 2014 as presented. Ms. Emery seconded. Motion passed unanimously. 10. Act as Liquor Control Board to Consider and Possibly Approve a Resolution Authorizing the City Manager to Review and Approve DLC Request to Cater Permits: Mr. Dorn explained that sometimes the requests come in at the last minute for an event before the next City Council meeting (this could involve catering for a funeral, for example). It is a “customer service thing.” The application would still get the same review from fire, police, etc. The Resolution would just allow the City Manager to give an approval. Ms. Emery moved to approve the Resolution authorizing the City Manager to review and approve DLC Request to Cater permits. Ms. Riehle seconded. Motion passed unanimously. Ms. Riehle then moved to reconvene as City Council. Mr. Shaw seconded. Motion passed unanimously. 11. Other Business: No issues were raised. CITY COUNCIL, 20 O0CTOBER 2014, PAGE 5 12. Possible Executive Session to Consider Appointment to fill the open seat on the South Burlington City Council and other City Boards, Commissions and Committees: Members agreed to consider in open session the questions to be asked of a potential candidate for the City Council seat. They then reviewed the list of potential questions submitted by members. The final agreed upon list of question areas was as follows: 1. Interest 2. Time to devote to the position 3. Agreement not to run for the position in the March election 4. What the candidate feels the major issues are 5. Any conflict of interest 6. Candidate’s assessment of his/her strengths 7. Familiarity with budgeting 8. Familiarity with basic information regarding Airport issues 9. Knowledge of how the City Council functions 10. Familiarity with form based codes 11. Familiarity with energy issues 12. Familiarity with affordable housing issues Mr. Shaw then moved that the Council meet in executive session to discuss appointments to the City Council and other City Boards, Commissions and Committees, premature disclosure of which could put the city at a disadvantage. Further that the City Manager and Deputy City Manager be invited to attend the executive session, and that the only business to follow the executive session will be to adjourn the meeting. Ms. Riehle seconded. Motion passed unanimously. As there was no further business to come before the Council, Mr. Shaw moved to adjourn. Ms. Riehle Seconded. Motion passed unanimously. The meeting was adjourned at 9:30 p.m. _______________________________, Clerk Memo To: South Burlington City Council From: Tom DiPietro, Deputy Director of Public Works CC: Kevin Dorn, City Manager Justin Rabidoux, Director of Public Works Date: October 30, 2014 Re: SWIRF Grant Funding for Mayfair Park Drainage Improvements The City recently completed construction of drainage improvements in the Mayfair Park neighborhood. These improvements included installation of an underground stormwater treatment device (a swirl separator) and perforated drainage pipe. Prior to the start of construction, South Burlington Department of Public Works (DPW) staff discussed the project with State of Vermont Department of Environmental Conservation (DEC) staff. It was agreed that the project would qualify for the DEC’s Stormwater Impaired Restoration Fund (SWIRF) program and receive the $36,024.42 in grant funding that is available for the Potash Brook watershed. At the time, DEC staff indicted that no application materials were necessary and that only staff approval was necessary for the City to access these funds. It was later determined that an application would in fact be necessary for the City to access this funding source. Included with this memo, please find a copy of the SWIRF application to be submitted to DEC so that the City can obtain $36,024.42 in grant funding for the Mayfair Park Drainage Improvements that were completed this summer. The application requires City Council to approve the submission of this application at public hearing and sign the application. Included with this memo, please find a copy of the aforementioned application for your review, approval, and signature. The application also authorizes Tom DiPietro, Deputy Director of Public Works, to act as the City’s authorized representative regarding the grant funding. If you have any questions, please contact me at (802) 658 – 7961 x108 or tdipietro@sburl.com. STATE OF VERMONT AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION FINANCIAL ASSISTANCE PROGRAM FOR STORMWATER MANAGEMENT - - - STORMWATER IMPAIRED RESTORATION FUND - - - Title 10 V.S.A., Chapter 47, Section 1264b APPLICATION FOR FINANCIAL ASSISTANCE - CONSTRUCTION SECTION I: Request for Construction Grant Project No. STW-017 (For State Use) The City of South Burlington (municipality name) in accord with the provisions of Vermont Statutes Annotated hereby makes application to the Vermont Department of Environmental Conservation for State financial assistance in the amount of $36,024.42 under the provisions of Title 10 V.S.A., Chapter 47, Sections 1264b. The above funds are requested to assist in the cost of the planning and/or construction of a stormwater swirl separator and associated drainage pipe described in detail in Section IV of this application. The City of South Burlington City Council as governing body of the applicant hereby agrees: (a) That if a State grant or loan is made, the applicant will pay the remaining costs of the approved project less Federal grants/loans and/or other funds, if any; (b) That the project will be constructed in strict accord with the drawings and specifications approved by the Department of Environmental Conservation; (c) To provide and maintain competent and adequate engineering supervision and inspection of the project to insure that the construction conforms with the approved drawings and specifications; (d) That it will submit to the Department of Environmental Conservation such documents and information related to this project as it may require; (e) That the construction contract will provide that the representatives of the Department of Environmental Conservation will have access to the work wherever it is in preparation or progress and that the contractor and/or municipality will provide proper facilities for such access and inspection; (f) That adequate accounting and fiscal records shall be maintained to reflect the receipt and expenditure of funds for the purpose of this project and all funds, however provided, for the payment of the cost of the project, shall be deposited promptly upon receipt thereof in a separate checking account, and these funds shall be expended only for costs of the project; (g) To provide regular, proper, and efficient operation and maintenance of the approved project in accord with standards established by the Department after completion thereof; (h) That it will comply with all state requirements for construction management, including, but not limited to, approval from the Department prior to advertising for bids for construction, approval prior to award of bids, approval of change orders, and performance of a final inspection by the Department; and (i) That it will submit to the Department for audit documentation of all project costs and expenditures when requested. The City of South Burlington City Council as governing body of the applicant hereby authorizes Thomas J. DiPietor Jr., Deputy Director of Public Works to act as the authorized representative of the applicant for the purpose of furnishing to the State of Vermont such information, data and documents pertaining to the application for a grant as may be required, and otherwise to act as the authorized representative of the applicant in connection with this project. The engineering consultant CANNOT function as the Authorized Representative. Done this day of , 20____. Signature of Governing Body: I, the undersigned, the duly qualified and acting _______________ of the _________________________, hereby certify that the above action was formally taken by the governing body at a meeting held on the ______ day of _____________, 20____, and is duly recorded in my office. Signature of Officer (Print or Type Name and Title of Officer) SECTION II: Site and Permits A. Authority to Construct and to Bond 1) Attach or include the following documents: A copy of a legal warning for the meeting called to vote on the authorization to bond for and/or construct this stormwater management project, as applicable. 2) A copy of the recorded vote on the articles pertinent to the project. 3) A certification by the municipal clerk that the documents in the above sections are true copies. B. Site Information 1) If the project site(s) has/have been acquired, provide the following information if such data has not been previously submitted. (a) Attach a legal description of the site(s). (b) Attach a legal opinion as to the precise interest in the site(s) which has/have been acquired. 2) If all lands, easements and rights-of-way required for project construction have been acquired, attach a legal opinion to that extent. 3) If the required interests in the necessary lands have not been acquired, state the nature and extent of interests in lands, easements and rights-of-way which will be acquired, and indicate the proposed method and the time required for acquisition. Also refer to applicable legal requirements and authority. C. Compliance with the Land Use and Development Act, Title 10 V.S.A., Chapter 151. Submit if not previously submitted. 1) If the municipality has received the necessary permit for the project, attach a copy. 2) If a "write-off" letter advising that no permit is required has been received, attach a copy. 3) If procedures to acquire a permit have been initiated, note here the date the request was filed with the Environmental District Commission _____________________. SECTION III: Project Financing A. Funds to be made available for project Date Available Cash $179,350 July 1, 2014 General Obligation Bonds _______________ ________________ Revenue Bonds _______________ ________________ State Aid Under _________ $36,024.42 July 1, 2014 Under _________ _______________ ________________ Federal Aid Under _________ _______________ ________________ Under _________ _______________ ________________ Other (Specify) _______________ _______________ ________________ _______________ _______________ ________________ TOTAL $215,374.42 C. Funds to be made available annually for operation and maintenance of the proposed system. Maintenance $ 65,000 (The stormwater utility budget has a line item for maintenance of the City’s stormwater infrastructure. $65,000 is the value for the current fiscal year). TOTAL $65,000 SECTION IV. Engineering Information A. Description of the Project The project includes installation of a stormwater swirl separator and approximately 1,300 linear feet of associated perforated drainage pipe. B.1. Construction Cost Estimates Attach engineer's estimates consistent with the following construction costs including a line item breakdown of units eligible and ineligible for Federal and State aid. If previously submitted, additional copies are not required. B.2. Project Cost Summary – A separate project cost summary may be attached in lieu of this form: PROJECT COST SUMMARY Total Cost Eligible Cost Eligible Cost for Federal Aid for State Aid A. Construction Contract #1 $ 179,350 ____________ $36,024.42 Contract #2 ___________ ____________ ___________ Equipment ___________ ____________ ___________ Small Purchases ___________ ____________ ___________ Subtotal $ 179,350 ____________ $36,024.42 B. Preliminary Technical Services* Preliminary Eng $ 15,450 ____________ ___________ Environmental Assessment ___________ ____________ ___________ Testing/Survey/Boring ___________ ____________ ___________ Other ___________ ____________ ___________ Subtotal $ 15,450 ____________ ___________ * Preliminary engineering costs should be submitted to the Division of Facilities and Engineering under a separate stormwater impaired waters restoration fund preliminary planning application. C. Final Design Technical Services Final Design Eng $ 30,400 ____________ ___________ Testing/Survey/Boring ___________ ____________ ___________ Easements ___________ ____________ ___________ Other (permitting) $ 5,000 ____________ ___________ Subtotal $ 35,400 ____________ ___________ D. Construction Phase Technical Services Basic Engineering $ ___________ ____________ ___________ Resident Inspection ___________ ____________ ___________ Testing/Survey/Boring ___________ ____________ ___________ O & M Manual* ___________ ____________ ___________ Record Drawings ___________ ____________ ___________ Other____________ ___________ ____________ ___________ Subtotal $ 0 ____________ ___________ * The Water Quality Division, Stormwater Section will determine if an O&M Manual is required for the specific project. E. Land/ Legal/ Miscellaneous Legal Expenses $ ___________ ____________ ___________ Fiscal (Interest) ___________ ____________ ___________ Administrative ___________ ____________ ___________ Land Acquisition ___________ ____________ ___________ Miscellaneous ___________ ____________ ___________ Other_____________ ___________ ____________ ___________ Contingency ___________ ____________ ___________ Subtotal $ 0 ____________ ___________ TOTAL $ 230,200 ____________ $36,024.42 Date of This Estimate: October 14, 2014 Prepared by Tom DiPietro ENR Index ____________ D. Project Construction Schedule 1. Project will be advertised for bid in July 2014 2. Contracts will be awarded within 14 days after bid openings. 3. Project will be completed within 90 days after contract award. E. Engineering Services 1. Name and Address of Applicant's Consulting Engineer. Hoyle, Tanner, and Associates (Attn: Mike Schramm), 125 College Street, Burlington, Vt 05401. Phone: (802) 860-1331 2. Proposed Staffing for Resident Engineering and Inspection. Hoyle, Tanner, and Associates, Mike Schramm. 3. Submit draft copies of agreements for all engineering services during the construction phase. I, Thomas J. DiPietro Jr, Deputy Director of Public Works, Authorized Representative on behalf of the South Burlington City Council, the governing body of the City of South Burlington, hereby certify that the foregoing information is true and correct to the best of my knowledge. _________________________________ Authorized Representative Date Address: 104 Landfill Road, South Burlington, VT 05403 Phone: (802) 658-7961 Fax: (802) 658-7976 - - - - - - - - - - - - (Department Use Only) The project as described in this application is eligible for the subject funding _____________________. The project is located in the following watershed ____________________________________________. Additional notes to FED _______________________________________________________________. WQD Reviewers Initials __________ Date: _____________ From: Jim Barlow   Sent: Friday, October 24, 2014 3:57 PM  To: Kevin Dorn  Cc: Tom Hubbard  Subject: The annual reports and proposed budgets    Kevin,     Each year, the annual City and School District reports and proposed budgets are mailed to City  residents.   The City charter does not require mailing but allows notice to be give of the availability of  the reports and proposed budgets.      In this regard, section 1303 of the City Charter provides, “The proposed budgets of the City and School  District shall be made available to the legal voters of the City and School District at least 20 days before  the annual City and School District meeting. Not more than 40 nor less than 30 days prior to the annual  City and School District meeting, notice shall be published in a newspaper having general circulation  within the City, informing voters of the date of a public hearing on the budgets and availability of the  warnings for the annual City and School District meetings, the proposed City and School District budgets,  and the City and School District annual reports.”   Section 110 also provides, “The annual City report  shall be made available to the legal voters of the City and School District not later than 20 days prior to  the annual City and School District meeting.”      In my opinion, it would be legally sufficient for the City and School District to give notice of the  availability of the annual reports and proposed budgets by the notice published in a newspaper under  Section 1303 and by a postcard mailed to City voters.    The annual reports and proposed budgets could  then be “made available” to the voters in electronic form on the City website and in printed form at the  City office (perhaps printed from the website or in the traditional, bound format),   It could also be sent  electronically to voters requesting an electronic copy via e‐mail.        I hope that this helps.  Let me know if you have any additional questions.     Jim    James W. Barlow  City Attorney  City of South Burlington  575 Dorset St, South Burlington, VT 05403  jbarlow@sburl.com  (P) 802‐383‐1781    (F) 802‐846‐4101