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HomeMy WebLinkAboutAgenda - City Council - 12/19/2016 AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall Conference Room 575 Dorset Street SOUTH BURLINGTON, VERMONT Regular Session 6:30 P.M. Monday, December 19, 2016 1. Pledge of Allegiance (6:30 – 6:31 PM) 2. Agenda Review: Additions, deletions or changes in order of agenda items. (6:31 – 6:32 PM) 3. Comments and questions from the public not related to the agenda. (6:32 – 6:42 PM) 4. Announcements and City Manager’s Report. (6:42 – 6:57 PM) 5. Consent Agenda: (6:57 – 7:00 PM) A. *** Sign Disbursement B. *** Approve Minutes for December 5th. C. ***Declaration of Official Intent to Reimburse Certain Expenditures Related to the TIF District Projects from Proceeds of Indebtedness D. ***Update to the Energy Prize Reserve Fund resolution to expand the purpose so that the fund may serve as an Energy Committee Reserve Fund 6. Council chair response to citizen complaint from December 5th meeting. (7:00 – 7:05 PM) 7. FY16 Audit presentation ­ Ron Smith, Auditor (7:05 – 7:35 PM) 8. *** Continued discussion of Burlington International Airport Noise Mitigation and consideration and possible approval of Council resolutions on noise mitigation programs, (7:35 – 8:20 PM) 9. FY’18 Draft Budget Overview ­ Tom Hubbard (8:20 – 8:35 PM) 10. Council review and possible approval of Amendments to Capital Improvement Plan – Ton Hubbard (8:35 – 8:50 PM) 11. ***November Financials ­ Tom Hubbard (8:50 – 8:55 PM) 12. Other Business: (8:55 – 9:00 PM) A. Items held from the Consent Agenda 13. Possible Executive Session to consider real estate contracts. (9:00 – 9:30 PM) 14. Adjourn (9:30 PM) Respectfully Submitted: Kevin Dorn Kevin Dorn, City Manager *** Attachments Included Issues raised by Councilors or the public that have not been on a prior meeting agenda: 1. Policy regarding landscaping City-owned land and request from Hadley Road. 2. Cost of development/cost of open space. 3. Airport noise survey. 4. Evaluate water billing and rate structure. 5. Citizen participation in democratic process. 6. Adoption of a building code. Issues that have been discussed by the Council where further action is pending: 1. East Terrace Neighborhood Forum and conversion of housing into rental units. 2. Street light policy. 3. Crosswalk issues generally and on Kennedy Drive and Williston Road. 4. Committee reorganization. 5. Encouraging litter removal by businesses and the public. 6. Wastewater plant capacity and allocation. 7. Sanctuary City designation. 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. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. South Burlington Water Dept. Accounts Payable Check Register Date: 12/20/16 Date Check No. Paid To Memo Amount Paid 12/20/2016 3122 Champlain Water District 43,479.04 Date Voucher Number Reference Voucher Total Amount Paid 11/30/2016 VI-14163 SBWD-320 43,479.04 43,479.04 12/20/2016 3123 Champlain Water District 96,421.19 Date Voucher Number Reference Voucher Total Amount Paid 11/30/2016 VI-14161 SBWD-313 78.21 78.21 11/30/2016 VI-14162 NOVEMBER 96,270.87 96,270.87 11/30/2016 VI-14164 10-125(Y) 72.11 72.11 12/20/2016 3124 City Of South Burlington 280,976.22 Date Voucher Number Reference Voucher Total Amount Paid 11/30/2016 VI-14165 NOVEMBER SEWER 280,976.22 280,976.22 12/20/2016 3125 City Of South Burlington 87,695.58 Date Voucher Number Reference Voucher Total Amount Paid 11/30/2016 VI-14166 NOVEMBER STORMWATER 87,695.58 87,695.58 Total Amount Paid: 508,572.03 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: December 15, 2016 Page 1 of 1 Attestation of Declaration Page 1 of 2 DECLARATION OF OFFICIAL INTENT OF THE CITY OF SOUTH BURLINGTON TO REIMBURSE CERTAIN EXPENDITURES FROM PROCEEDS OF INDEBTEDNESS WHEREAS, the City of South Burlington, Vermont (the “Issuer”) intends to construct bicycle and pedestrian facilities incident to the development of the Issuer’s City Center Tax Increment Financing District (the “Project”); and WHEREAS, the Issuer expects to pay certain capital expenditures (the “Reimbursement Expenditures”) in connection with the Project prior to the issuance of indebtedness for the purpose of financing costs associated with the Project on a long-term basis; WHEREAS, the Issuer reasonably expects that for that part of the Project consisting of acquisition, design and construction costs, debt obligations in an amount not expected to exceed $12,000,000 (twelve million dollars) will be issued and that certain of the proceeds of such debt obligations will be used to reimburse the Reimbursement Expenditures; and WHEREAS, the Issuer declares its reasonable official intent to reimburse prior expenditures for the above-described part of the Project with proceeds of a subsequent borrowing: NOW THEREFORE, the Issuer declares: Section 1. The Issuer finds and determines that the foregoing recitals are true and correct, and that all of the capital expenditures covered by this Resolution were or will be made not earlier than 60 days prior to the date of this Resolution. Section 2. This declaration is made solely for the purposes of establishing compliance with the requirements of Section 1.150-2 of the Treasury Regulations. This declaration does not bind the Issuer to make any expenditure, incur any indebtedness, or proceed with the Project. Section 3. The Issuer hereby declares its official intent to use proceeds of indebtedness to reimburse itself for Reimbursement Expenditures, within 18 months of either the date of the first expenditure of funds by Issuer for such Project or the date that such Project is placed in service, whichever is later (but in no event more than three years after the date of the original expenditure of Issuer funds for such Project), and to allocate an amount not to exceed $4,000,000 (four million dollars) of the proceeds thereof to reimburse itself for its expenditures in connection with the Project. Section 4. The Issuer’s debt obligations for the aforementioned purpose will not be “private activity bonds” within the meaning of Section 141 of the Internal Revenue Code Attestation of Declaration Page 2 of 2 of 1986. Section 5. All prior actions of the officials and agents of Issuer that are in conformity with the purpose and intent of this Resolution and in furtherance of the Project shall be and the same hereby are in all respects ratified, approved and confirmed. Section 6. All other resolutions of the legislative body of the Issuer, or parts of resolutions, inconsistent with this Resolution are hereby repealed to the extent of such inconsistency. Section 7. It is hereby found that all discussions and deliberations of the legislative body of the Issuer leading to the adoption of this Resolution occurred at one or more meetings of the legislative body conducted pursuant to public notice and open to public attendance. Section 8. This declaration shall take effect from and after its adoption. The undersigned, City Clerk of the Issuer, hereby certifies that the foregoing is a full, true and correct copy of the declaration of the legislative body of said Issuer duly made at a meeting thereof held on December 19, 2015, and that said declaration has not been amended, modified or revoked. __________________ Donna Kinville, City Clerk Date 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com REGULAR SESSION To: Kevin Dorn, City Manager From: Ilona Blanchard, Project Director Subject: Declaration of Official Intent of the City of South Burlington to Reimburse Certain Expenditures from Proceeds of Indebtedness Date: December 16, 2016 Background: The City is currently expending funds for soft costs related to bicycle and pedestrian facilities at Exit 14. This project is eligible for the use of tax increment financing using TIF revenues generated by the City Center TIF District. CCRPC is undertaking scoping for this project at the moment, and the City is incurring costs to provide the required match to cover the cost of the project consultants as well as covering some outreach costs. The use of a reimbursement resolution would allow the City to reimburse itself for these costs, and any future costs to advance the project with bond proceeds. This Notice of Official Intent (the ‘reimbursement declaration’) will allow TIF District revenues to be reserved for other purposes such as servicing debt or if advisable, they may also be used to make direct payments for soft costs. It provides the City with more flexibility when considering what to fund from which source at what time. The Internal Revenue Code provides that an issuer may use the proceeds of its tax exempt bonds and notes to reimburse itself for previously advanced project costs only if there is in the record a notice of intent to do so. Once adopted, the Notice of Official Intent permits an issuer to look back 60 days from the date of adoption to identify eligible reimbursable advances. Looking forward, the issuer has up to eighteen months (which may be extended to three years in some circumstances) to identify reimbursable project advances. Adopting the Notice of Official Intent doesn’t commit the City or the City Council to spend any funds or provide any authority to the City to do so. Its purpose is to keep open the possibility of using proceeds of tax exempt obligations to effect a reimbursement of advances previously made by the City for the TIF initiative. This Notice of Intent addresses reimbursement using future bond proceeds under federal tax law. Attachments: • Declaration of Official Intent of the City of South Burlington to Reimburse Certain Expenditures from Proceeds of Indebtedness • City Clerk’s Attestation of Declaration Recommendation: Consider approving the declaration Declaration 2016 - Page 1 of 2 DECLARATION OF OFFICIAL INTENT OF THE CITY OF SOUTH BURLINGTON TO REIMBURSE CERTAIN EXPENDITURES FROM PROCEEDS OF INDEBTEDNESS WHEREAS, the City of South Burlington, Vermont (the “Issuer”) intends to construct bicycle and pedestrian facilities incident to the development of the Issuer’s City Center Tax Increment Financing District (the “Project”); and WHEREAS, the Issuer expects to pay certain capital expenditures (the “Reimbursement Expenditures”) in connection with the Project prior to the issuance of indebtedness for the purpose of financing costs associated with the Project on a long-term basis; WHEREAS, the Issuer reasonably expects that for that part of the Project consisting of acquisition, design and construction costs, debt obligations in an amount not expected to exceed $12,000,000 (twelve million dollars) will be issued and that certain of the proceeds of such debt obligations will be used to reimburse the Reimbursement Expenditures; and WHEREAS, the Issuer declares its reasonable official intent to reimburse prior expenditures for the above-described part of the Project with proceeds of a subsequent borrowing: NOW THEREFORE, the Issuer declares: Section 1. The Issuer finds and determines that the foregoing recitals are true and correct, and that all of the capital expenditures covered by this Resolution were or will be made not earlier than 60 days prior to the date of this Resolution. Section 2. This declaration is made solely for the purposes of establishing compliance with the requirements of Section 1.150-2 of the Treasury Regulations. This declaration does not bind the Issuer to make any expenditure, incur any indebtedness, or proceed with the Project. Section 3. The Issuer hereby declares its official intent to use proceeds of indebtedness to reimburse itself for Reimbursement Expenditures, within 18 months of either the date of the first expenditure of funds by Issuer for such Project or the date that such Project is placed in service, whichever is later (but in no event more than three years after the date of the original expenditure of Issuer funds for such Project), and to allocate an amount not to exceed $4,000,000 (four million dollars) of the proceeds thereof to reimburse itself for its expenditures in connection with the Project. Section 4. The Issuer’s debt obligations for the aforementioned purpose will not Declaration 2016 - Page 2 of 2 be “private activity bonds” within the meaning of Section 141 of the Internal Revenue Code of 1986. Section 5. All prior actions of the officials and agents of Issuer that are in conformity with the purpose and intent of this Resolution and in furtherance of the Project shall be and the same hereby are in all respects ratified, approved and confirmed. Section 6. All other resolutions of the legislative body of the Issuer, or parts of resolutions, inconsistent with this Resolution are hereby repealed to the extent of such inconsistency. Section 7. It is hereby found that all discussions and deliberations of the legislative body of the Issuer leading to the adoption of this Resolution occurred at one or more meetings of the legislative body conducted pursuant to public notice and open to public attendance. Section 8. This declaration shall take effect from and after its adoption. DECLARED this ____ day of ______________, 2016. SOUTH BURLINGTON CITY COUNCIL __________________________ ________________________ Helen Riehle, Chair Meaghan Emery, Vice Chair __________________________ ________________________ Tim Barritt, Clerk Pat Nowak ____________________________ Tom Chittenden 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com To: Kevin Dorn, City Manager From: Ilona Blanchard, Project Director Subject: Energy Committee – Special Reserve Fund Date: December 16, 2016 Background: The Energy Committee was established by a City Council resolution in 2011 to promote energy conservation, energy efficiency, and the use of renewable energy resources among the City’s residents, businesses and in municipal affairs. The resolution establishing the committee also charges it with assisting the City in addressing certain goals expressed in the Comprehensive Plan, such as promoting energy efficiency, affordable energy, and decreasing reliance (per capita) on non-renewable energy resources. In 2014, the City Council created a special reserve fund for the specific and narrow purposes of holding and expending grant and donated funds to further the activities of the Committee in the pursuit of the Georgetown University Energy Prize. This competition is now winding down. The Energy Committee continues to engage in activities to further the charges laid out in their establishment resolution and has been applying for and receiving grant funding as well as soliciting donations for these purposes. At this time, due to the need of the committee for a repository to hold and track funds designated for use by the committee and expenditures for these designated uses it is advisable to expand the purposes of the existing reserve fund so that it may continue to meet the needs of the Committee and the City. Attachments: • Resolution to Expand the Purpose of the Energy Prize Reserve Fund • Approved 2014 Resolution to Create a Special Reserve Fund for the City of South Burlington • Approved 2011 Resolution Establishing a Council Appointed Energy Committee Recommendation Consider approving the Resolution Resolution 2016 – RESOLUTION TO EXPAND THE PURPOSE OF THE ENERGY PRIZE RESERVE FUND Whereas, the City Charter, section 13-310 (7) states, “The city council and the school board, by their own actions, may establish reserve funds to pay for public improvements, replacement of equipment, and planned or unplanned operating expenditures. Monies to be deposited in any fund shall be included in a city or school district budget and shall not be excluded in calculating the net cost of operation pursuant to subsection 1309(a) of this chapter. Reserve funds shall be kept in separate accounts and invested in the same manner as other public funds. The city council and the school board may, from time to time, expend monies in those funds for purposes for which they were established without voter approval.”; and, Whereas, the City of South Burlington, led by the Energy Committee, has been participating in a national energy competition, the Georgetown University Energy Prize; and Whereas, a special reserve fund called the Energy Prize Reserve Fund was created by the City Council in October of 2014 for the purpose to hold funds over multiple years donated, raised or allocated for the designated use of competing in and achieving the goals of the Georgetown University Energy Prize; and, Whereas, while the Georgetown University Energy Prize competition almost complete, the Energy Committee continues to raise funds related to energy initiatives in conformance with the City Council charge to the committee; and Whereas, for these funds to be seamlessly held and expenditures made with these funds seamlessly accounted for over multiple years a Special Reserve Fund is needed into which monies may be deposited and expended. Now, Therefore, Be it Resolved, that the City Council of the City of South Burlington hereby expands the purposes for which all money placed into the Energy Prize Reserve Fund may be disbursed to include furthering initiatives consistent with City Council charge to the Energy Committee. Dated this __ day of December, 2016. ____________________ ____________________ Helen Riehle, Chair Meaghan Emery, Vice Chair ___________________________ ____________________ Tim Barritt, Clerk Pat Nowak ___________________________ Tom Chittenden A RESOLUTION OF THE CITY OF SOUTH BURLINGTON ESTABLISHING A CITY COUNCIL APPOINTED ENERGY COMMITTEE WHEREAS, the mission of the South Burlington Energy Committee is to promote energy conservation, energy efficiency, and the use of renewable energy resources amo~g the City's residents, businesses, and in municipal affairs; and R-2011-28 WHEREAS, the Committee will assist the City in addressing certain goals expressed in the Comprehensive Plan, such as promoting energy efficiency, affordable energy, and decreasing reliance (per capita) on non-renewable energy resources; and WHEREAS, the Committee may consist of up to_:}___ members serving staggered terms; and hi WHEREAS, the Committee shall be responsible for electing officers; and I WHEREAS, this Committee falls under the auspices of the Planning & Zoning Department and is staffed accordingly; and WHEREAS, the Committee may undertake studies, programs, or events in the advancement of its mission but shall seek City Council approval prior to engaging the City in outside programs or studies involving significant financial, staff, or representational commitments. NOW, THEREFORE, BE IT RESOLVED by action of the South Burlington City Council the Energy Committee is hereby designated as an officially recognized Committee and has been deemed to be in the best interest of the City. Datedthis .204 dayofJ"....-,2011. ~ ~ Sandra Dooley, Chai~ hAAajf/LA ~ Meagha meiy, Vicechair r-P~ .... ~ ~reco;Cierk Resolution on Airport Noise Modelling First draft for City Council Review December 19, 2016 City of South Burlington- DRAFT Resolution on Airport Noise Modelling Whereas the City of South Burlington is centrally located in Chittenden County, is home to over 18,000 residents, and has a thriving daytime population of over 25,000 residents, employees, students, and visitors, and; Whereas South Burlington is home to the Burlington International Airport (Airport), an important contributor to the local, regional, and statewide economy, and; Whereas the Airport, owned and operated by the City of Burlington, proudly serves as a joint use airport and hosts the Vermont Air National Guard and Vermont National Guard, and; Whereas the South Burlington City Council has a strong and clear commitment supporting a high quality of life for residents in the vicinity of the Airport, and; Whereas in 1990, the Airport prepared its first Federal Aviation Administrative (FAA) Part 150 Noise Study, has periodically updated its component Noise Exposure Maps and Noise Compatibility Plans through present day, and is required to do so approximately every five years or when there is a significant change in airport operations, and; Whereas the FAA’s Noise Exposure Maps include the modelling of weighted day-night average noise levels (dnl) for surrounding areas and the display of 65+, 70+, and 75+ dnl contour lines, and; Whereas through the FAA Noise Compatibly Plan’s volunteer home acquisition program, the Airport has acquired residential properties with Airport Improvement funds since 1985, and; Whereas the 2006 Noise Exposure Maps identified 115 homes within the 65-70 dnl contour, many of which have since been purchased by the Airport, and; Whereas updated Noise Exposure Maps were released in late 2015 reflective of current (as of the release of the maps) operations at the Airport and using an updated model, identifying 961 homes within the 65+ dnl contours, and; Whereas the United State Air Force (USAF) in September 2013 completed an Environmental Impact Statement (EIS) on the possible basing of 18 or 24 F-35A aircraft at the Airport, which included expected noise impacts of the Airport with the new Aircraft; Whereas the United States Air Force has announced the arrival of the F-35A aircraft at the Airport in 2019, and; Whereas the methodologies for modelling noise impacts on surrounding areas differ materially between the USAF and FAA, and; Whereas the location of the 65+, 70+, and 75+ dnl contours within a community can have significant impacts on the Noise Compatibly Options available to homeowners and property owners, and; Whereas thorough and effective decision-making about land use at the local and regional level relies on the availability of the most up-to-date data possible, and; Resolution on Airport Noise Modelling First draft for City Council Review December 19, 2016 Whereas the City of South Burlington has participated in the Airport’s ongoing planning efforts, provided formal feedback on various plans, and engaged in its recently-formed sound mitigation committee, and; Whereas the City of South Burlington, in partnership with the Chittenden County Regional Planning Commission and State of Vermont, has recently completed a neighborhood plan engaging citizens in the neighborhoods adjacent to the airport area on their vision for the future, and; Whereas the Airport and FAA have anticipated commencing a full update to the Noise Exposure Maps for the Airport in FY 2019, following the arrival of the F-35A aircraft, which would likely be complete in 2020 or 2021, and; Whereas the City of South Burlington supports this full Noise Exposure Map update as scheduled, but also underscores the need for individuals and the community to obtain an understanding of the likely impacts of F-35A basing more immediately in order to make informed decisions that will have long-term effects on the community, and; Whereas the South Burlington City Council is keenly aware of the impacts that past home acquisitions have had on the neighborhoods surrounding the Airport and is committed to having the best information available for all parties to make well-informed decisions in the future, NOW therefore let it be resolved that the City Council of the City of South Burlington: Requests that the Federal Aviation Administration, fund and authorize the preparation of one or more updated scenarios of the Noise Exposure Map model incorporating data and known anticipated operations of the F-35A aircraft in the first quarter of calendar year 2017, and; Acknowledges that any such model scenario would not be a substitute for the full Noise Exposure Map presently in effect or for its planned 2019 update, and that it would be intended for planning purposes only. Motion made by ______________________ and seconded by ______________________. Motion ________________ by a vote of ________ to __________ this Monday, December 19, 2016. _______________________________ _______________________________ Helen Riehle, Chair Tom Chittenden, Councilor _______________________________ _______________________________ Meaghan Emery, Vice-Chair Pat Nowak, Councilor _______________________________ Tim Barritt, Clerk