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HomeMy WebLinkAboutAgenda - City Council - 04/02/2018 AGENDA SOUTH BURLINGTON CITY COUNCIL South Burlington City Hall 575 Dorset Street SOUTH BURLINGTON, VERMONT Regular Session 6:30 P.M.Monday, April 2, 2018 1. Pledge of Allegiance. (6:30 – 6:31 PM) 2. Instructions to exit the building in case of emergency (6:31 – 6:32 PM) 3. Agenda Review: Additions, deletions or changes in order of agenda items. (6:32 – 6:33 PM) 4. Possible Executive Session to receive legal guidance on matters involving real estate. (6:33 – 7:13 PM) 5. Comments and questions from the public not related to the agenda. (7:13 – 7:23 PM) 6. Top Dog and First Feline Contest Winners Drawing – Donna Kinville (7:23 – 7:30 PM) 7. ***Council re-consideration and possible approval of Garden Street Preferred Street Typical. Kevin Dorn (7:30 – 7:40 PM) 8. *** Council action to cure a failure to properly warn a November 20, 2017 City Council vote to close the Jaycee Park Dog Park by providing proper warning for possible action on closing the Jaycee Park Dog Park at a future Council meeting on a date to be determined. (7:40 – 8:00 PM) 9. Continued Public Hearing on possible amendments to the Land Development Regulations, Jessica Louisos, Planning Commission Chair and Paul Conner, Director of Planning & Zoning (8:00 – 8:30 pm) a. Establish housing preservation and replacement standards in certain zoning districts b. Modify the City Center Form Based Code, including building placement standards; buffer strip requirements; prohibited exterior materials and replacement of existing siding; open space and landscaping; accessory structures; and building envelope standards in the T3/T3+, T4, and T5 Districts c. Modifications to height standards in the C1-R12, C1-R15, and C1-Auto Districts and removal of minor rooftop apparatus from height requirements in all districts d. Establishment of an Urban Design Overlay District within portions of the C1-R12, C1-R15, and C1-Auto Districts e. Modifications to Bicycle Parking standards f. Minor technical corrections 10. Consider possible adoption of draft Land Development Regulations – Paul Conner (8:30 – 8:40 PM) 11. Council review and possible action to endorse the Community Outreach mental health partnership between six Chittenden County communities and Howard Mental Health. Kevin Dorn (8:40 – 9:10 PM) 12. Announcements and City Manager’s Report. (9:10 – 9:20 PM) 13. Councilor’s reports from Committee assignments. (9:20 – 9:30 PM) 14. Consent Agenda: (9:30 – 9:32 PM) A. ***Sign Disbursements B. ***Approve Minutes for March 19th C. ***Award Hadley Road Area Infrastructure Improvements Project Contract to GW Tatro D. ***Approve Chittenden County MS4 Stormwater Program Agreement Amendments (Held over from 3/19 Consent Agenda) E. ***Approve a resolution authorizing the City Manager to negotiate and sign a contract with CLD | FUSS & O'NEILL to design and engineer the Williston Road Streetscape Project (STP BP17(9)) 15. Consider convening as the South Burlington Liquor Control Board to approve the following applications: (9:32 – 9:37 PM): ***Applebees(1st Class) Bourne’s (2nd Class) Bueno Y Sano (1st Class) CVS (2nd Class) Charlie’s on Fire (1st Class) Eagles Club (1st Class) 802 Cocktails (1st Class) Gracey’s Liquor (2nd Class) Gracey’s Store (2nd Class) Halyard Brewing (1st Class) Hannaford Dorset St (2nd Class) Hannaford (2nd Class) Higher Ground (1st Class) Homewood Suites (1st Class) Independent Brewers (2nd Class) Jiffy Mart Kennedy (2nd Class) Jiffy Mart Williston (2nd Class) Jolley Shelburne Rd. (2nd Class) Jolley Shelburne North (2nd Class) Jolley Shelburne South (2nd Class) Klinger’s (2nd Class) Magic Hat (1st Class) Old Post (1st Class) Osaka Hana (1st Class) Pauline’s (1st Class) Pour House (1st Class) Quarry Hill Club (1st Class) Shaw’s (2nd Class) Shelburne Rd. Variety (2nd Class) Silver Palace (1st Class) Skinny Pancake (1st Class) Smokey’s Low n Slow (1st Class) Uno’s (1st Class) Vt. Pool & Bar (1st Class) Zachary’s (1st Class) Zen Garden (1st Class) Champlain Farm’s Williston Rd. (2nd Class) Champlain Farms Exxon (2nd Class) Champlain Farms So. Burl. (2nd Class) Green Mtn. Suites (1st Class) Guild Tavern (1st Class) Holiday Inn (1st Class) Jolley Williston Rd. (2nd Class) Kinney Drugs (2nd Class) Maplefields Williston Rd. (2nd Class) Maplefields Airport (2nd Class) Mill Market (2nd Class) Sugarsnap (1st Class) Trader Duke’s (1st Class) Trader Joe’s (2nd Class) Walgreen’s (2nd Class) Cheese Traders (2nd Class) Chipotle (1st Class) Doubletree (1st Class) Farmers and Foragers (1st Class) Koto (1st Class) Lakeview Bar & Grill (1st Class) Moe’s (1st Class) Moose Lodge #1618 (1st Class) Olive Garden (1st Class) Outback (1st Class) Price Chopper Hinesburg Rd. (2nd Class) Pulcinella’s (1st Class) Simon’s Store (2nd Class) Starving Artist Café (1st Class) Tavern II (1st Class) Vt. Nat’l. Country Club #3944­1 (1st Class) Vt. Nat’l Country Club #3944­2 (1st Class) Vt. Nat’l Country Club #3944-3 (2nd Class) Waterfront Catering (1st Class) Windjammer (1st Class) Marco’s (1st Class) Rotisserie (1st Class) 16. Other Business: (9:37 – 9:43 PM) A. Items held from the Consent Agenda. 17. Adjourn. (9:43 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. Cost of development/cost of open space. Issues that have been discussed by the Council where further action is pending: 1. Street light policy. 2. Airport noise survey. 3. Evaluate water billing and rate structure. 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 no 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: 04/03/18 Date Check No. Paid To Memo Amount Paid 4/3/2018 3347 Burlington Communications 238.50 Date Voucher Number Reference Voucher Total Amount Paid 3/19/2018 VI-14486 20180455 238.50 238.50 4/3/2018 3348 E.J. Prescott, Inc. 827.70 Date Voucher Number Reference Voucher Total Amount Paid 3/15/2018 VI-14484 5354038 735.66 735.66 3/15/2018 VI-14485 5357584 21.18 21.18 3/21/2018 VI-14490 5359118 70.86 70.86 4/3/2018 3349 Ferguson Waterworks #590 415.50 Date Voucher Number Reference Voucher Total Amount Paid 3/7/2018 VI-14480 0807026 415.50 415.50 4/3/2018 3350 FirstLight Fiber 40.48 Date Voucher Number Reference Voucher Total Amount Paid 3/15/2018 VI-14491 4026696 40.48 40.48 4/3/2018 3351 Office Essentials 959.60 Date Voucher Number Reference Voucher Total Amount Paid 3/19/2018 VI-14488 34878 959.60 959.60 4/3/2018 3352 City Of So. Burlington 15,000.00 Date Voucher Number Reference Voucher Total Amount Paid 3/19/2018 VI-14489 GIS & INSPECTION 15,000.00 15,000.00 4/3/2018 3353 Ti-Sales Inc. 8,733.50 Date Voucher Number Reference Voucher Total Amount Paid 3/8/2018 VI-14481 INV0088799 6,750.00 6,750.00 3/6/2018 VI-14482 INV0088716 1,257.60 1,257.60 1/9/2018 VI-14487 INV0086948 725.90 725.90 4/3/2018 3354 UVM Physical Plant 417.89 Date Voucher Number Reference Voucher Total Amount Paid 3/20/2018 VI-14483 REFUND 417.89 417.89 Printed: March 28, 2018 Page 1 of 2 South Burlington Water Dept. Accounts Payable Check Register Date: 04/03/18 Date Check No. Paid To Memo Amount Paid Total Amount Paid: 26,633.17 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: March 28, 2018 Page 2 of 2 CITY COUNCIL 19 MARCH 2018 The South Burlington City Council held a regular meeting on Monday, 19 March 2018, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: H. Riehle, Chair; M. Emery, T. Barritt, T. Chittenden Also Present: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; A. Bolduc, City Attorney; P. Conner, Director of Planning & Zoning; M. Ostby, Planning Commission; M. Leugers, H. Baker, Recreation Committee; J. Murray, Community Librarian; B. Milizia, M. Mittag, C. Schultz, T. Myer, C. Deblasio, M. Simoneau, J. Simson, C. Sargent, J. Leas, B. Dousevivz, E. Lee, S. Dopp, D. Pollack-Bruce, D. Roy, D. Ruhe 1. Instructions on exiting building in case of emergency: Mr. Dorn provided instructions on emergency evacuation of the building. 2. Agenda Review: Additions, deletions or changes in order of agenda items: Ms. Emery asked to add to Other Business discussion on the mental health initiative, and a possible planning session with the public regarding prioritizing initiatives. She also noted that with regard to item #10, in order to reopen a policy decision, according to Roberts Rules it has to be one of the members who voted in favor of the item who puts it back on an agenda. Ms. Riehle said the reason it is on the agenda is not reopen the dog park, it is a question of taking the gates off to open that part of the park to the public again. 3. Possible Executive Session to discuss legal issues related to current and proposed restrictions on land use at the Wheeler Nature Park as well as a potential purchase of property utilizing funds from the City’s Open Space Fund: Mr. Barritt moved that the Council enter executive session to discuss legal issues related to restrictions on land use at Wheeler Nature Park and potential purchase of property utilizing funds from the Open Space fund and to include the City Manager, Deputy City Manager, Director of Planning & Zoning, and Attorney David Ruhe in the session. Mr. Chittenden seconded. Motion passed 4-0. Members entered executive session at 6:44 p.m. and resumed regular session at 7:36 p.m. Ms. Riehle then advised that there will be 2 separate executive session meetings with two committees, one on 2 April with Wheeler Park Easement Committee and the other on 28 March during the regular meeting regarding the Auclair property. There will probably be no action taken following those meetings. 4. (previously Item #6): Public Hearing: Second Reading of and possible adoption of amendments to the City’s Public Nuisance Ordinance: CITY COUNCIL 19 MARCH 2018 PAGE 2 Mr. Bolduc explained the changes made following the first hearing on the amendments. Restrictions on trash haulers were removed from the Ordinance. It was noted that comment was received from a member of the public regarding people who work nights and are disturbed in the mornings by dogs barking uncontrollably. This is covered under dog/cat regulations, not by this ordinance. Mr. Barritt noted that the majority of people who contacted him wanted the trash collection hours to begin at 7 a.m. Ms. Emery moved to open the public hearing. Mr. Chittenden seconded. Motion passed 4-0. Mr. Schultz said he understood the trash people wanting to get work done early. This is not bad in winter when windows are closed, but there should at least be quiet when windows are open in warmer weather. He also noted that sometimes haulers are there before 6 a.m. Mr. Myer said he supports 7 a.m. for trash haulers. He said he has been awakened at 4:30 a.m. by the haulers. With the windows open, he can hear dumpsters from properties half a mile away. Mr. Chittenden said the city is “out of step,” and needs a consolidated service. He suggested getting haulers to the table to deal with larger issues and possibilities. This would eliminate having 5 different haulers going down one street. Mr. Barritt noted that haulers said they base their collection hours on the closing of the transfer station at 4 p.m. Ms. Riehle noted that one of the haulers runs the transfer station and suggested the closing hour could be changed. Mr. Schultz felt the police should be ticketing haulers who are violating the collection hours. Ms. Diblasio said she is confused as to why more noise from dogs is being allowed during the day. She is a nearby business owner, and the incessant barking of dogs disrupts her workplace. They are 270 feet from the source, and it is still very loud and disruptive. She felt they shouldn’t have to “go through hoops” to get this addressed. She questioned why there is an exemption for a “permitted use.” CITY COUNCIL 19 MARCH 2018 PAGE 3 Mr. Senecal, who owns the property between the 2 properties in question, said the fence built by the dog care business is not protecting anything. He is hesitant to put up a building on his land because it is so close to the dog care place. Mr. Dousevicz, developer of Rye Circle, said the dog care place impacts the marketability of the housing project he is building nearby. He has complained to police and animal control people, but nothing happens. He felt the Ordinance needs “more teeth.” Police feel their hands are tied. Ms. Lee, whose nearby office faces north, said she can’t have windows open, and they hear the dogs even in winter with the windows closed. Ms. Ostby suggested a time schedule when the dogs could be let out for a while. Mr. Bolduc noted that the intent was when it came to uses to put regulations under Planning & Zoning. Under the performance standards, Mr. Belair is currently investigating the situation. Mr. Bolduc read the passage from “performance standards.” Ms. Milizia noted she is on the committee looking at Dog Park options. She noted there are no codes as to how many dogs can be outside at once. She also noted there are several “dog businesses” in the city. Ms. Emery then moved to close the public hearing. Mr. Chittenden seconded. Motion passed 4-0. Ms. Emery moved to rewarn this item for a second reading on 16 April 2018, 7:30 p.m. Mr. Chittenden seconded. Motion passed 4-0. 5. (formerly #9): Public Hearing on possible amendments to the Land Development Regulations: a. Establish housing preservation and replacement standards in certain zoning districts b. Modify the City Center Form Based Code, including building placement standards; buffer strip requirements; prohibited exterior materials and replacement of existing siding; open space and landscaping; accessory structures; and building envelope standards in the T3/T3+, T4, and T5 districts CITY COUNCIL 19 MARCH 2018 PAGE 4 c. Modifications to height standards in the C1-R12, C1-R15, and C1-Auto Districts and removal of minor rooftop apparatus from height requirements in all districts d. Establishment of an Urban Design Overlay District within portions of the C1-R12, C1-R15, and C1-Audo Districts e. Modifications to Bicycle Parking standards f. Minor Technical corrections Ms. Emery moved to open the public hearing. Mr. Barritt seconded. Motion passed 4-0. Ms. Ostby provided an overview of the proposed amendments as follows: The housing preservation amendment requires that for each dwelling removed, a comparable unit must replace it or there must be a financial contribution. The developer can build on the same parcel, build on a separate parcel or contribute to the Housing Trust Fund. Ms. Emery said her main concern was that single-family homes could be replaced by multi- family buildings and that multi-family buildings result in a “different population.” She also noted that land values are different in different parts of the city. She suggested that those who chose the financial contribution option would pay the difference in land value. She also felt that if a multi-unit building was taken down, it should be replaced by a percentage of single- family homes. Ms. Ostby noted that the Planning Commission is scheduled to have a discussion regarding “cottage housing,” etc. Mr. Conner said that certain zoning districts are exempt from this amendment, specifically those which do not currently permit housing but where a few houses still exist. He stressed that the Airport neighborhood is not exempt with the exception of the 39 homes from the 2016 agreements plus 4 homes that have been in of the eligibility areas but whose owners have not yet chosen to sell. Ms. Riehle asked if there is language to prevent another Airport buyout. Mr. Conner said the language names the specific grants and exempted properties. Ms. Emery said she could foresee that when the F-35s arrive the Council will have its hands full with people wanting buyouts. Mr. Barritt asked if this would have affected the Larkin apartments being torn down. Mr. Conner said that was technically an “extended stay hotel” and would not have been affected; CITY COUNCIL 19 MARCH 2018 PAGE 5 however, 61 units are being built to replace the 60 units from that building which would meet the standard if it had applied. Mr. Barritt asked if this amendment is enforceable with the FAA buyout program. Mr. Bolduc said it is. Mr. Chittenden felt this makes sense and that the Airport could come up with the money if it wants to take down homes. Mr. Simson, Chair of the Affordable Housing Committee, said a similar regulation has been in force in Burlington for a long time and it has discouraged tearing down housing. He said the Committee tried to draft an ordinance that would be fair to homeowners and to the city. He said the hope is that in the future there will be enough money to actually building some housing, including single family homes. Mr. Conner noted there are some properties in mixed use neighborhoods that could have housing in some buildings. In addition, some housing could come down so an adjacent house could have a larger yard. Someone could also buy a house to remove it so their existing house would have a better view. Mr. Leas spoke against any exemptions. He felt it was hard to resist people asking for their homes to be bought out. He said the Airport has put 1000 homes in a terrible noise zone. Were they to be taken down, the money from those homes would give the Housing Trust Fund $2,600,000. He said that if South Burlington doesn’t get that money, it would be like writing a check to Burlington to $2,600,000. He also noted that Burlington and the Airport not only took down the houses, they got the land. Ms. Riehle noted most of the 39 homes have been purchased already. She questioned whether the city could now go back and say “you owe us.” Mr. Bolduc said there could a risk if they are not exempted. Mr. Chittenden asked if there is an appeal process in the regulation. Mr. Conner said that would put the DRB in a very difficult position. There is no specific appeal process other than the appeal of the permit. Ms. Ostby added that the exemptions were put in to avoid problems for people whose homes are to be bought. CITY COUNCIL 19 MARCH 2018 PAGE 6 Ms. Riehle suggested getting a legal opinion on eliminating the exemptions for Airport properties vs. keeping them in. With regard to the other amendments, Ms. Riehle asked why stucco is not an acceptable building material. Mr. Conner noted that is not new. What is new is that it would not be allowed on any side of the building not only the street side. This applies only to the Form Based Code District, and it was felt that stucco could lead to “bad design.” It is OK elsewhere in the city. Ms. Ostby then explained the issue of 5’ vs. 8’ setbacks. The original rule was 8 feet with a buffer. The developer of the Market St. homes was concerned with the 8 feet because it could impact the porches. Mr. Conner noted that the homes already built have a 5-foot setback/buffer. Staff has been working with that property owner to see what solutions exist. Members agreed to continue the entire package of amendments to the next meeting. Mr. Chittenden moved to continue the LDR amendments to 2 April 2018 at 8:00 p.m. Ms. Emery seconded. Motion passed 4-0. 6. (formerly #7): Library Grant Application: Ms. Murray said the intent is to apply for a federal grant from the National Endowment for the Humanities. The grant is for “infrastructure to support the humanities.” Ms. Murray noted that a lot of their programs meet that qualification and would continue to do that. The grant is for $400,000 and requires a 3-to-1 match which Ms. Murray felt they could meet. The grant is also specifically for “capital costs.” Mr. Chittenden moved to support the Library Grant Application as presented. Mr. Barritt seconded. Motion passed 4-0. 7. (formerly #8): Consent Agenda: a. Sign Disbursements b. Approve Minutes for 20 February, 5 March and 7 March c. Approve & Authorize Council Chair to Execute Quitclaim Deed for Conveyance of City “Lease Land” Interest at A1 Stonehedge Drive d. Approve Chittenden County MS4 Stormwater Program Agreement Amendments CITY COUNCIL 19 MARCH 2018 PAGE 7 e. Approve Hadley/Proctor Neighborhood Sewer Project State Revolving Loan Application – Construction Phase Question arose with regard to item D and members agreed to remove it from the Consent Agenda to get more information from the Stormwater Superintendent. Ms. Emery moved to approve Consent Agenda items a, b, c, and e as presented. Mr. Chittenden seconded. Motion passed 4-0. 8. (formerly #4): Comments & Questions from the public not related to agenda items: No issues were raised. 9. (formerly #12): Presentation on Underwood Plan: Ms. Baker reviewed the history of the purchase of the Underwood property and the creation of a task force and Master Planning group. She then introduced the consultants who have worked on the planning process. Mr. Pollack-Bruce reviewed the public process they employed and noted that the major program elements the public wanted were: a. Low-key development b. Focus on the natural c. Sustainability d. Multi-generational e. Low-impact development The three major themes were: a. Agriculture b. Natural resources c. Recreation Guiding principles included: a. Food production CITY COUNCIL 19 MARCH 2018 PAGE 8 b. Gateway to recreation c. Connection to the rec path system d. A primary structure e. Diversity of trail forms Mr. Pollack-Bruce showed a map of where these uses could be located and also photos of the views from the site. He noted that the site has every layer of protection the city can provide. Mr. Pollack-Bruce then reviewed in more detail the program elements: a. Community agriculture, including raised beds/community gardens, traditional community garden plots, a wildflower garden, support facilities b. Passive Recreation, including walking paths, picnic tables, a shade structure, seating for sunset viewing c. Active Recreation, including non-programmed field space, a natural play- ground, treehouse, pump track d. Event Facility, including uses for a kids’ camp, classes, concerts, private events (e.g., weddings, family reunions), lawn and outdoor terrace/patio e. Natural Resources including habitat protection, invasive species removal, defined meadow areas, and stormwater improvements f. Support facilities, including parking, an access road, restrooms, signage, public art, lighting, drinking fountain, bike racks Mr. Pollack-Bruce showed a proposed plan for the location of various facilities and uses. He cited the potential for a staging area for cross-country skiing, which would involve the securing of an easement. There is enough parking to accommodate 150 people on the site. There was some concern about noise from neighbors but they generally supported events of a reasonable size with guidelines. Regarding bike path connections, Mr. Pollack-Bruce should the locations and where there would be a paved path through the property. He also indicated the sidewalk and bike path crosswalk. Mr. Roy then showed the floor plan for the event barn and storage shed. He also showed sketches for the potential buildings. Buildings would be heated in the winter. It was noted that the primary priority was for views first solar second, but there could be some of each. CITY COUNCIL 19 MARCH 2018 PAGE 9 Some of the themes from public feedback included: a. Overwhelming support for the concept with some funding already donated b. Importance of rec path connections c. The windiness of the site d. Water catchment alternatives e. Net zero goal f. Dog policy g. Undergrounding of power and low lighting h. A crosswalk from Pheasant Way with sidewalk on both sides Mr. Pollack-Bruce then reviewed potential costs on a phasing basis: Phase I: including access, passive recreation, habitat protection, parking lot, walking paths, benches, stormwater treatment, a tree buffer between the 2 homes Cost Estimate: $720,000-$880,000 Phase 2: including gardening, pump track, play areas, community garden, paths, view area with pergola, garden/farm shed with restrooms Cost Estimate: Site work - $936,000-$1,144,000 Buildings - $85,000-$104,000 Phase 3: including event facility, completed entrance drive, patio/terrace, lighting, treehouse Cost Estimate: Site work - $813,000-$994,000 Buildings - $870,000-$1,027,000 Ms. Leugers noted there have already been donations for the bike path and benches. Ms. Riehle commended the effort and noted it has been years in the making and will take years to complete. CITY COUNCIL 19 MARCH 2018 PAGE 10 10. (formerly #14): February Financials: Mr. Hubbard reported that with the fiscal year 2/3 complete, the general fund is at 60% of expenses and 62% of revenues. Fire inspections are at 52%. Ambulance service is on target. The final payment has been made for the communications upgrade. The salt budget has been overspent due weather incidents. Fortunately, the city was able to get more salt. Enterprise funds are on target. Ms. Emery asked about “police salaries other.” Mr. Hubbard will get that information. 11. (formerly #15) Consider and possibly approve providing Chair authority to sign Union Municipal District Agreement authorized by voters on 6 March 2018: Mr. Dorn said the next step will be for the Council to approve the MOU which will stipulate the costs. This is the interim step. Mr. Chittenden moved to approve giving the Chair authority to sign the Union Municipal District Agreement authorized by voters on 6 March 2018. Mr. Barritt seconded. Motion passed 4-0. Ms. Riehle asked about the time frame. Mr. Dorn said the goal is to have at least 2 communities working by the end of the year. He will provide monthly briefings to the Council on progress. 12. (formerly #16): Consider and possibly authorize City Manager to send a Letter of Intent to the Superintendent of Schools and Chair of the School Board relating to the transfer of land at the south end of the Marcotte Central School Parking Lot property to the city for the use in construction of a Community Center and the transfer of a small parcel of land to the City on the east side of the Marcotte Central School property needed to construct Garden Street and the construction of a new, guaranteed and permanent entrance to the Marcotte Central School property: Mr. Dorn directed attention to the drafted letter. He said it is the same concept as the letter sent last summer minus space for an Arts Center. It would give the city land behind a Community Center and would give the school a permanent access to Market Street and probably Mary Street. CITY COUNCIL 19 MARCH 2018 PAGE 11 Ms. Riehle noted this is not on the School Board’s “high priority list,” but it is on Wednesday’s meeting agenda. A possible outcome may be “we don’t have time to take it up.” Mr. Dorn stressed the need to get clarity soon if the city intends to go to the voters in November. Mr. Chittenden moved to support the Letter of Intent as presented. Ms. Emery seconded. Motion passed 4-0. 13. (formerly #5): Announcements and City Manager’s Report: Council members reported on meetings and events they had attended in recent weeks. Mr. Dorn: The roundtable meeting with SBBA will be on Tuesday, 7 a.m. Has spent a lot of time with incoming Police Chief Burk at meetings with different groups. The four mental health people have passed all the background checks. They are now meeting different department leadership people. It is expected there will be some service available by the end of the month. Ms. Emery asked how this would be paid for. She had heard it would be from using the funds for unfilled FTEs from the Police Department. She said the Council has to approve that. She also didn’t feel South Burlington should pay up to 5 times more than other communities. Mr. Dorn said the Charter authorizes him to make that decision. Mr. Chittenden said those are good questions but not at the end of a meeting where it hasn’t been warned. Ms. Riehle said the Council had received a number of updates from the City Manager and that they should not have thought it would be free. Ms. Riehle said a full discussion of the Mental Health Collaborative MOU and program including budget materials will be presented at the next meeting. There were also discussions with Chief Whipple about the need and the impact of mental health issues on the Police. Ms. Emery said she wanted to have the whole picture in front of her and expected the cost to be “front and center.” CITY COUNCIL 19 MARCH 2018 PAGE 12 14. (formerly #11): Councilors’ reports from Committee assignments: Mr. Chittenden said there is a possible reduction in the city’s assessment from Green Mountain Transit. 15. Other Business: a. Ms. Emery said she wants to see all the costs for all projects laid out. She felt the Council has not gotten the full picture. Mr. Barritt disagreed and said the Council went through a prioritization process. He didn’t think they could get any more public in the process. Ms. Riehle added that the Council cannot expect to receive information on every future topic envisioned for the next 5 years prior to making decisions on some items. She agreed with Mr. Barritt that they have a full and structured process, although sometimes things come up “mid-stream” b. Regarding the gates at the former dog park, Mr. Barritt saw no conflict with the removal of some of the dog park fencing as well to ensure that visitors would not just block the gate entrance. He noted the ground is too frozen now to remove any fencing. Ms. Milizia felt that for safety purposes it was best not to have any fencing there at all in case a child got in there with a dog. As there was no further business to come before the Council, Mr. Chittenden moved to adjourn. Mr. Barritt seconded. Motion passed unanimously. The meeting was adjourned at 11:37 p.m. ________________________________ Clerk MEMORANDUM To: Municipal Separate Storm Sewer System (MS4) permittees From: Charlie Baker, CCRPC Executive Director Date: February 21, 2017 Re: Proposed minor amendment to Regional Stormwater Agreement In 2016, the Legislature approved, and the Governor signed H.249, an act relating to intermunicipal services. This law (24 V.S.A. § 4345b) allows for municipalities to contract with their regional planning commission for the provision of services after the RPC amends its bylaws to authorize it to enter into intermunicipal service agreements and the agreement is approved by each municipal legislative body that wants to participate in the service. In the spring of 2017, the twelve MS4 permittees in Chittenden County formally adopted an agreement that merged the Regional Stormwater Education Program (RSEP) and the Chittenden County Stream Team (CCST), two regional efforts for which CCRPC has acted as the Lead Agency. Participation in this agreement helps your municipality to meet Minimum Measure #1 (Public Education & Outreach) and Minimum Measure #2 (Public Participation & Involvement) of your MS4 permit. The agreement became effective July 1, 2017 and the combined effort has been implementing the “Rethink Runoff” campaign with dues paid by the MS4 permittees to the CCRPC which then subcontracts out the needed marketing and public engagement activities to qualified entities. Recently, we noticed however that the executed agreement is in conflict with 24 V.S.A. § 4345b(f)(2) because it precludes the CCRPC from charging for indirect costs. That section of statute specifically notes: “A commission shall not use municipal funds or grants provided for regional planning services under this chapter to cover the costs of providing services under any service agreement under this section.” Because the original agreement precluded the charging of indirect costs, CCRPC has been subsidizing this intermunicipal service agreement with other funds. Attached is an edited version of the Regional Stormwater Agreement proposing a minor change to be clear that CCRPC will not be subsidizing this work consistent with state statute. After municipal review, we would like to have this amended agreement executed by all parties prior to July 1, 2018. Please contact me or Dan Albrecht with any questions or concerns. Thank you. 110 West Canal Street, Suite 202 Winooski, VT 05404-2109 802-846-4490 www.ccrpcvt.org CHITTENDEN COUNTY MS4 STORMWATER PROGRAM AGREEMENT EFFECTIVE July 1, 2017 Proposed amendment effective July 1, 2018, see Section 6.c. Invoices Preamble This Stormwater Program Agreement (“Agreement”) is entered into by and between a group of Municipal Separate Storm Sewer System (“MS4”) permittees (“MS4 Permittees”) and the Chittenden County Regional Planning Commission (“CCRPC”) to operate an MS4 Stormwater Program (“Program”) that conforms with and satisfies the relevant requirements of both Minimum Control Measure One (Public Outreach and Education) and Minimum Control Measure Two (Public Involvement and Participation) of the Phase II NPDES Permit issued by the Vermont Department of Environmental Conservation (“DEC”) on December 2012 through General Permit 3-9014 (“MS4 Permit”), as these requirements may be continued, renewed, amended, or otherwise modified during the term of this Agreement. 1. Prior Agreements – Effective July 1, 2017, this Agreement a. supersedes an MOU signed by the CCRPC and twelve MS4 permittees, effective March 10, 2013 through March 9, 2018, governing the operation of a Regional Stormwater Education Program to satisfy the relevant requirements of Minimum Control Measure One (Public Outreach and Education), and b. supersedes an MOU signed by the CCRPC and eleven MS4 permittees, effective July 1, 2011 through June 30, 2016, and an amendment to this MOU extending its effective date through June 30, 2017, governing the operation of a Regional Stormwater Public Involvement and Participation Program to satisfy the relevant requirements of Minimum Control Measure Two (Public Involvement and Participation). 2. Service Agreement – This Agreement constitutes a service agreement pursuant to 24 V.S.A. § 4345b (Intermunicipal Service Agreements). 3. Definitions—For purposes of this Agreement, the term “MS4 Permittees” includes the Vermont Agency of Transportation, which on December 28, 2016 became eligible for coverage under General Permit 3-9007 for Stormwater Discharges from the State Transportation Separate Storm Sewer System (TS4). 4. Parties – The following are the parties to this Agreement: a. MS4 Permittees – the undersigned MS4 Permittees, and b. CCRPC – the undersigned regional planning commission. 5. MS4 Steering Committee a. Composition – The Members of the Steering Committee shall consist of one representative from each of the signatory MS4 Permittees to this Agreement. Another MS4 permittee may request Chittenden County MS4 Stormwater Program Agreement, draft FY19 amendment Page 2 of 8 to join this Agreement if approved by a two-thirds vote of the Members. The Members shall be appointed either by the governing bodies of their municipalities at publicly warned meetings or, if a Member representing an MS4 Permittee is non-municipal agency, via a process consistent with that agency’s policies. At its first meeting, the Steering Committee shall elect a Chair by a majority vote. The Chair shall serve until such time as the Chair resigns or the Steering Committee elects a new Chair. b. Duties – The Steering Committee shall direct the CCRPC on the development and performance of Program Services in particular and on all other matters bearing on the administration of this Agreement. All actions of the Steering Committee shall be by majority vote unless otherwise specified in this Agreement. c. Organization of Meetings – The Steering Committee shall meet on a quarterly basis at a minimum. The CCRPC shall provide Steering Committee Members with reasonable notice of meetings. Notice shall include a meeting agenda and draft meeting minutes. In addition, the CCRPC shall post notice of Steering Committee meetings on its website and on the Program website. 6. CCRPC a. Duties – The CCRPC shall: 1) Administer this Agreement and agreements with contractors (including executing contracts approved by the Steering Committee, receiving and disbursing funds, and monitoring the provision of services) for the benefit of the MS4 Permittees. 2) Provide other services contributing to the operation of the Program (including, but not limited to, social media management, public relations, grant writing, creating and managing a Program website, organizing meetings as set forth in Section 4.c, above, etc.) as directed by the Steering Committee; and at a level consistent with each year’s Program Budget as described in Section 8.b, below. 3) Provide a quarterly budget report to the Steering Committee detailing expenses the CCRPC incurred and the payments it has received. 4) Pay contractors and vendors for charges consistent with the relevant contract, using funds from the Program Budget, as defined in Section 8, below. 5) Upon approval of the Steering Committee or its designee, reimburse itself for personnel and other expenses for charges consistent with its duties, using funds from the Program Budget. 6) Consult with the Steering Committee prior to authorizing any contractor activities or charges outside the scope of work of a contract. 7) Notify the Steering Committee when 75% of the annual budget (as defined in Section 8, below) for an individual category of expenses (e.g., contractors, CCRPC fees, advertising, etc.) is reached. When these levels are reached, subsequent expenditures by the CCRPC in that category shall be reviewed and approved by the Steering Committee Chair in advance. Chittenden County MS4 Stormwater Program Agreement, draft FY19 amendment Page 3 of 8 8) At the request of the Steering Committee, assign any or all contracts that the CCRPC has entered into pursuant to this Agreement to the MS4 Permittees who are signatories to this Agreement at the time or to another contractor of the Steering Committee’s choosing. 9) Comply with all applicable federal, state, and local laws, including Burlington’s Livable Wage Ordinance as applicable. b. Compensation – Through the Program Budget, the MS4 Permittees shall compensate the CCRPC for the actual costs of performing its duties defined in Section 5.a, above; provided, however, that the CCRPC shall not be entitled to compensation that would exceed ten percent (10%) of the Program Budget as specified in Section 8.b, below, without the prior approval of a majority of the Steering Committee. c. Invoices – The CCRPC shall invoice the Program to cover personnel charges, mileage reimbursement, and other direct expenses necessary to perform its duties. Personnel charges for CCRPC staff shall be calculated at a rate of salary plus fringe plus CCRPC’s applicable indirect rate as required by 24 V.S.A. § 4345b. The CCRPC shall not charge the Program an Indirect Rate. As set forth in Section 5.b, above, upon approval of the Steering Committee or its designee, the CCRPC may reimburse itself for charges consistent with its duties, using funds from the Program Budget. 7. Selection of Contractors a. The CCRPC, in consultation with the Steering Committee, shall competitively bid for contract(s) for Program services that collectively satisfy the requirements for Minimum Control Measure One (Public Outreach and Education) and Minimum Control Measure Two (Public Involvement and Participation) of the Phase II NPDES Permit then in effect. The parties to the contracts shall be the contractors and the CCRPC. All contracts shall require the contractor to indemnify and hold harmless the MS4 Permittees from any claims related to the contract and to procure and maintain liability insurance for all services performed under the contract. b. All contracts shall be awarded based on qualifications, price, and the ability of the entity to provide services that meet the relevant MS4 Permit requirements. The selection of contractors shall comply with the procurement policy of the CCRPC and with applicable state and federal procurement laws and procedures. c. Contracts shall generally be 1 to 5 years in length and shall include, but not be limited to, a Maximum Limiting Amount and the right of the CCRPC to 1) cancel a contract if services are not being adequately provided, 2) specify that payments to contractors shall be made only for services rendered, 3) specify the annual scope of work and budget as approved by the Steering Committee, 4) allow a contract extension if desired, and 5) assign the contract to the MS4 Permittees that are signatories to this Agreement at the time of the assignment or to a contractor of the Steering Committee’s choosing. d. Contracting for services under this Agreement shall comply with the Fair Employment Act and Americans with Disabilities Act: the CCRPC shall comply with the requirement of Title 21 V.S.A Chapter 5, Subchapter 6, relating to fair employment practices, to the full extent applicable. The Chittenden County MS4 Stormwater Program Agreement, draft FY19 amendment Page 4 of 8 CCRPC shall also ensure, to the full extent required by the Americans with Disabilities Act of 1990, that qualified individuals with disabilities receive equitable access to the services, programs, and activities provided by the Steering Committee under this Agreement. This provision shall also be included in all contracts and subcontracts executed under this Agreement. e. The CCRPC and the Steering Committee recognize the important contribution and vital impact which small businesses have on the State’s economy. In this regard, the CCRPC shall ensure a free and open bidding process that affords all businesses equal access and opportunity to compete, except under circumstances where competitive bidding may not be practicable and is not required by applicable procurement policies. The CCRPC and the Steering Committee also recognize the existence of businesses owned by minorities and women, and the CCRPC shall make a good faith effort to encourage these firms to compete for contracts involving state or federal funds and comply with applicable law relating to civil rights and disadvantaged business enterprises. 8. Program Services – The Steering Committee, assisted by the CCRPC and its contractors, shall implement a unified Program that satisfies the relevant requirements of Minimum Control Measure One (Public Education and Outreach) and Minimum Control Measure Two (Public Involvement and Participation) of the MS4 Permit. The Program Content for each Program Year shall be as defined in writing by a majority of the Steering Committee. The Program Year shall be the State of Vermont’s fiscal year. The Program Content shall implement the following deliverables: a. Public Education and Outreach – Elements shall include, at a minimum: 1) operating the Program’s website, www.smartwaterways.org, or its equivalent; and 2) advertising in various media. b. Public Involvement and Participation – Elements shall include, at a minimum: 1) operating the Program’s website, www.ccstreamteam.org, or its equivalent; 2) hosting and/or organizing workshops, projects, and other events to engage the public; and 3) recruiting volunteers to support projects, promote events, and/or engage the public. c. End of MS4 permit year annual reporting – Elements shall include preparation of a narrative report 25 business days prior to the MS4 Permittees’ reporting deadline to DEC. Chittenden County MS4 Stormwater Program Agreement, draft FY19 amendment Page 5 of 8 9. Program Dues, Budget, Costs, and Payments a. Dues 1) For State Fiscal Year, FY18, July 2017-June 2018, the annual dues for each of the undersigned MS4 Permittees shall be $5,500. 2) For the following fiscal years, the annual dues shall be set by a two-thirds majority by October 15th of the preceding calendar year. In the absence of agreement, the dues shall remain at $5,500. 3) The CCRPC shall invoice each MS4 Permittee on or about July 1st of each year with payment to the CCRPC due 30 days later. 4) All Members shall pay equal dues. b. Program Budget 1) The annual Program Budget shall consist of the sum of the annual payments for each Program Year made by MS4 Permittees, plus any funds from other sources made available to the Program by majority vote of the Steering Committee. 2) Prior to the start of each Program Year, the Steering Committee shall adopt a Program Budget governing expenditures for the subsequent Program Year. Budget categories shall include, but not be limited to: CCRPC Duties, Contractual Services, and Expenses. 3) Once the Program Year starts, a majority of the Steering Committee may amend the Program Budget as needed, for example to reflect any surplus or deficits from the prior Program Year, receipt of new sources of funds, or a desired change in the Program Budget, subject to Section 8.a, above. 4) In the event that costs are less than anticipated or that grants or other funding sources become available, a majority of the voting Members of the Steering Committee may decide to reduce each Member’s payment by an equal amount or to credit all or part of the following Program Year assessment to each MS4 Permittee. c. Maximum Annual Costs and Payments – Except as otherwise provided by this section, each MS4 Permittee shall within 30 days of receipt of an invoice make a single annual dues payment, as provided by Section 8.a, above. d. Other Funds – Any funds made available to the Program shall be dedicated to reducing the annual costs of each MS4 Permittee participating in the Program, except as a majority of the voting Members of the Steering Committee may decide. e. Excess Funds – Any funds remaining at the end of a Program Year shall be carried over to the next Program Year, unless a majority of the voting Members of the Steering Committee decides otherwise. Chittenden County MS4 Stormwater Program Agreement, draft FY19 amendment Page 6 of 8 f. Non-appropriation – The obligations of each MS4 Permittee to make payments under this Agreement shall constitute a current expense of the MS4 Permittee and shall not in any way be construed to be a debt of the MS4 Permittee in contravention of any applicable constitutional or statutory limitation or requirement, or the MS4 Permittee’s charter or articles of incorporation; nor shall anything contained in this Agreement constitute a pledge of the credit or tax revenues, funds, or monies of the MS4 Permittee. The decision whether or not to budget and appropriate funds during each fiscal year of the MS4 Permittee is within the discretion of the governing body of the MS4 Permittee. The obligations of a MS4 Permittee under the Agreement are subject to annual appropriations by the governing body of the MS4 Permittee, except as provided by Section 12 of this Agreement. An MS4 Permittee cannot choose to not appropriate funds and then withdraw in a manner that shifts prior contractual obligations on to the others. Non- appropriation will be considered withdrawal and must be prospective in fairness to all signatories as per Section 13. 10. Contract Approval – All CCRPC contracts shall be conditioned upon approval by a majority of the voting Members of the Steering Committee and shall be consistent with Section 6, above. 11. Termination of CCRPC – The CCRPC on its own or the Steering Committee by a majority vote of its full Membership may elect to terminate the CCRPC’s future participation in this Agreement by providing 90 days’ written notice to the other. In the event of termination under this section, the CCRPC shall continue to administer and comply with each existing contract, and the MS4 Permittees shall continue to reimburse the CCRPC from the Program Budget for the actual costs of administering and complying with each contract, as provided by this Agreement, unless and until the CCRPC assigns the contract pursuant to Sections 5.a.8 and 6.c of this Agreement. 12. Termination of Agreement a. This Agreement shall become null and void with no further obligation of the parties if: 1) Two-thirds of the Members of the Steering Committee vote to end participation, or 2) DEC determines that the Program outlined in this Agreement does not meet the relevant requirements for Minimum Control Measure One (Public Education and Outreach) or Minimum Control Measure Two (Public Involvement and Participation), and the parties to this Agreement are unable to craft a Program to satisfy DEC. b. In the event of termination, any funds remaining in the Program Budget (after payment of obligations to vendors or to satisfy debts) shall be reimbursed to the MS4 Permittees with each MS4 Permittee receiving a share proportional to the number of MS4 Permittees at the time of termination. For example, if there are twelve MS4 Permittees at the time of termination, each MS4 Permittee shall receive a 1/12th share. 13. Withdrawal of Member – An MS4 Permittee may withdrawal from participation in this Agreement only at the end of a state fiscal year. If an MS4 Permittee wishes to withdrawal from participation, it shall provide at least 90 days’ notice to the other MS4 Permittees and the CCRPC. After withdrawal, a MS4 Permittee shall remain responsible for its share of the costs of contracts that the Steering Committee approved prior to the effective date of the withdrawal. Chittenden County MS4 Stormwater Program Agreement, draft FY19 amendment Page 7 of 8 14. Effective Date and Duration of Agreement – The effective date of this Agreement shall be July 1, 2017, and this Agreement shall terminate June 30, 2022. 15. Amendment – This Agreement may be amended only upon unanimous action of all the Members. 16. Counterparts – This Agreement may be executed in multiple counterparts, each of which is deemed an original and all of which constitute one and the same document. Each such counterpart may be a facsimile or PDF copy, and such facsimile or PDF copy shall be deemed an original. 17. Public Records – Any and all records submitted to the CCRPC or MS4 Permittees - including Bids, Proposals, Qualifications, Contracts, etc.-- whether electronic, paper, or otherwise recorded, are subject to the Vermont Public Records Act. Signature of CCRPC ____________________________________________________________ __________ Christopher D. Roy, Board Chair, Chittenden County Regional Planning Commission Date Signatures of Members ___________________________________________________________ __________ Name Title The Burlington International Airport Date ___________________________________________________________ __________ Name Title The City of Burlington Date ___________________________________________________________ __________ Name Title The Town of Colchester Date _________________________________________________ __________ __________ Name Title The Town of Essex Date ____________________________________________________________ __________ Name Title The Village of Essex Junction Date ____________________________________________________________ __________ Name Title The Town of Milton Date Chittenden County MS4 Stormwater Program Agreement, draft FY19 amendment Page 8 of 8 ____________________________________________________________ __________ Name Title The Town of Shelburne Date ____________________________________________________________ __________ Name Title The City of South Burlington Date ____________________________________________________________ __________ Name Title Vermont Agency of Transportation Date ______________________________________________________________ __________ Name Title The University of Vermont Date ______________________________________________________________ __________ Name Title The Town of Williston Date ______________________________________________________________ __________ Name Title The City of Winooski Date Hi Justin, See if this is enough detail: The dues for each of the 12 members is the same at $5,500, so each MS4s contribution is 8.3% of the overall dues. The estimated indirect costs of $3,250 represent 4.7% of the overall budget of $68,911. Each of the 12 members’ share of the indirect cost is $271. RETHINK RUNOFF BUDGET, FY19 As approved CCRPC Albrecht, (100 hrs @~$50/hr) Salary& Fringe $5,000 Allowance for Indirect Rate (est. 65%) $3,250 Web hosting, domain regis $361 Incidentals 300 Survey set aside, per annum $3,000 sub-total>>> $11,911 Advertising July 1 - Sept 15, 2018 $10,000 April 1 - June 30, 2019 $15,000 sub-total>>> $25,000 Tally Ho (@$100/hr) Reports; content updates; $4,000 New Creative $1,000 Web Updates $1,000 Ad production/placement $2,000 Design for Stream Team $1,000 sub-total>>> $9,000 Stream Team Operations (vendor t.b.d) Admin $3,000 Outreach $8,000 Project Development & Implementation $8,400 Promo Items $500 Project Supplies $500 Stream Team Advertising $800 Mileage $500 Refreshments $300 Contractual $1,000 sub-total>>> $23,000 ESTIMATED FY19 EXPENSES >>>>>>>>>>>>>>> $68,911 Dues: 12 x $5,500 $66,000 Estimated FY18 surplus $3,500 ESTIMATED FY19 INCOME >>>>>>>>>>>>>>> $69,500 Charlie Baker Executive Director 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com To: Kevin Dorn, City Manager From: Ashley Parker, Project Manager Subject: Authorization to Negotiate and Contract for Williston Road Streetscape (STP BP17(9)) Date: April 2, 2018 Background: In November of 2017, the City accepted a federal grant of $800,000 to design and construct a buffered bicycle and pedestrian facility (Williston Road Streetscape) on the south side of Williston Road. This facility will continue the adjacent streetscape between White Street and Hinesburg Road currently in engineering and extend those facilities west to Dorset Street. In December 2017, the City identified a design consultant using the Vermont Agency of Transportation (VTrans) At-the-Ready consultant selection process. A request for a proposal for the project was prepared, approved by VTrans, and provided to CLD ǀ Fuss & O’Neill engineering firm. CLD ǀ Fuss & O’Neill subsequently submitted a proposal that for preliminary engineering services that met the timeframe and scope requested and which is within the project’s budget for an amount of $230,000. VTrans has also reviewed the proposal and found it to be satisfactory. The attached resolution authorizes the City to enter into and sign an agreement with the recommended design consultant, CLD ǀ Fuss & O’Neill, for a contract to design the Williston Road Cycle Track & Pedestrian Improvements project (STP BP17(9)). Attachments: A resolution authorizing the City Manager to negotiate and execute a contract with CLD ǀ Fuss & O’Neill to provide design services for the Williston Road Cycle Track & Pedestrian Improvements project (STP BP17(9)). R-2018- RESOLUTION A RESOLUTION DIRECTING THE CITY MANAGER TO NEGOTIATE AND SIGN A CONTRACT WITH CLD ǀ FUSS & O’NEILL TO DESIGN & ENGINEER THE WILLISTON ROAD STREETSCAPE PROJECT (STP BP17(9)) WHEREAS, the Council authorized the City Manager to sign Agreement #CA0517 with the State of Vermont for grant funding for the design and construction of a streetscape on the south side of Williston Road on November 20, 2017; and, WHEREAS, the City utilized the Vermont Agency of Transportation (“VTrans”) At-the-Ready consultant process to identify a design consultant to work on the Williston Road Cycle Track & Pedestrian Improvements Project; and, WHEREAS, in accordance with the VTrans At-the-Ready process, a proposal was requested from CLD ǀ Fuss & O’Neill; and, WHEREAS, the proposal from CLD ǀ Fuss & O’Neill’s meets the City’s needs and budget for the design contract for the Williston Road Cycle Track & Pedestrian Improvements project. NOW, THEREFORE, BE IT RESOLVED that the South Burlington City Council hereby authorizes the City Manager to negotiate and execute a contract with CLD ǀ Fuss & O’Neill as required to design the Williston Road Streetscape project. APPROVED this _____ day of April, 2018. SOUTH BURLINGTON CITY COUNCIL __________________________________ ________________________________ Helen Riehle, Chair Meaghan Emery, Vice Chair __________________________________ ________________________________ Tim Barritt, Clerk Pat Nowak __________________________________ Tom Chittenden