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Agenda - City Council - 04/15/2019
AGENDA SOUTH BURLINGTON CITY COUNCIL South Burlington City Hall 575 Dorset Street SOUTH BURLINGTON, VERMONT Regular Session 6:30 P.M. Monday, April 15, 2019 1. Pledge of Allegiance. (6:30 – 6:31 PM) 2. Instructions on exiting building in case of emergency. Kevin Dorn (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 sessions to discuss pending litigation to which the city is a party, and, the negotiation and securing of real estate regarding the South Burlington Community Center. (6:33 – 7:03 PM) 5. Comments and questions from the public not related to the agenda. (7:03 – 7:13 PM) 6. Announcements and City Manager’s Report. (7:13 – 7:23 PM) 7. Council Committee Reports (7:23 – 7:28 PM) 8. Consent Agenda: (7:28 – 7:30 PM) A. *** Consider and Sign Disbursements B. *** Approve Grant Agreement with the Nature Conservancy for the conservation of the South Burlington portion of socalled “Ewing” parcel C. *** Approve applying to the State of Vermont for a grant to fund Electric Charging Stations at 180 Market Street and resolution in support of application D. *** Approve State Class 2 Paving Grant Application for Dorset Street E. *** Accept various existing stormwater permits under the City’s MS4 permit 9. Interim Zoning application #IZ-19-01 of Donald and Lois Kerwin to subdivide a 2.0 acre parcel developed with a single family dwelling into four lots ranging in size from 0.27 acres to 1.18 acres, and to construct a new single family dwelling on each of the resulting undeveloped lots, 1420 Hinesburg Road – continue Public Hearing. (Warned for 7:30 PM) [The applicant has requested this item be continued to a future meeting. Staff recommends May 6, 7:30 pm] (7:30 – 7:35 PM) 10. Top Dog and First Feline drawing - Donna Kinville, City Clerk (7:35 – 7:50 PM) 11. Update on status of installation of adaptive signal control systems on Dorset Street and Williston Road – Justin Rabidoux, (7:50 – 8:05 PM) 12. Winter Season recap and schedule/priority for paving- Justin Rabidoux (8:05 – 8:25 PM) 13. Consider and possibly approve additional funding for paving for FY20 – Tom Hubbard, Justin Rabidoux (8:25 – 8:40 PM) 14. Consider and possibly approve paving bid for FY20 - Justin Rabidoux (8:40 – 8:45 PM) 15. Consider and possibly approve the Local Emergency Management Plan (LEMP) - Terry Francis (8:45 – 9:00 PM) 16. March Financials Tom Hubbard (9:00 – 9:10 PM) 17. *** Consider convening as the South Burlington Liquor Control Commission to approve the following: (9:10 – 9:15 PM) REFER TO ATTACHMENT TO AGENDA 18. Other Business (9:15 – 9:25 PM) A. Event for DPW B. Domestic Violence events for October 19. Adjourn (9:25 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 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: 04/16/19 Date Check No. Paid To Memo Amount Paid 4/16/2019 3543 Champlain Water District 58,681.30 Date Voucher Number Reference Voucher Total Amount Paid 3/31/2019 VI-14796 SBWD-348 58,681.30 58,681.30 4/16/2019 3544 Champlain Water District 127,794.75 Date Voucher Number Reference Voucher Total Amount Paid 3/31/2019 VI-14794 MARCH 127,081.25 127,081.25 3/31/2019 VI-14795 SBWD-341 713.50 713.50 4/16/2019 3545 E.J. Prescott, Inc. 732.07 Date Voucher Number Reference Voucher Total Amount Paid 3/19/2019 VI-14788 5511026 653.47 653.47 3/19/2019 VI-14789 5510981 78.60 78.60 4/16/2019 3546 Endyne, Inc. 44.00 Date Voucher Number Reference Voucher Total Amount Paid 4/1/2019 VI-14797 293540 44.00 44.00 4/16/2019 3547 FirstLight Fiber 20.17 Date Voucher Number Reference Voucher Total Amount Paid 3/15/2019 VI-14787 5044692 20.17 20.17 4/16/2019 3548 Charles E. Jullian 90.50 Date Voucher Number Reference Voucher Total Amount Paid 3/27/2019 VI-14786 REFUND 90.50 90.50 4/16/2019 3549 Office Essentials 18.94 Date Voucher Number Reference Voucher Total Amount Paid 4/1/2019 VI-14793 35995 18.94 18.94 4/16/2019 3550 William Rublee 193.90 Date Voucher Number Reference Voucher Total Amount Paid 3/27/2019 VI-14790 REFUND 193.90 193.90 4/16/2019 3551 City Of South Burlington 324,799.12 Date Voucher Number Reference Voucher Total Amount Paid 4/2/2019 VI-14791 MARCH SEWER 324,799.12 324,799.12 4/16/2019 3552 City Of South Burlington 152,885.05 Date Voucher Number Reference Voucher Total Amount Paid 4/2/2019 VI-14792 MARCH STORMWATER 152,885.05 152,885.05 Printed: April 09, 2019 Page 1 of 2 South Burlington Water Dept. Accounts Payable Check Register Date: 04/16/19 Date Check No. Paid To Memo Amount Paid Total Amount Paid: 665,259.80 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: April 09, 2019 Page 2 of 2 Grant Agreement Between the City of South Burlington And The Nature Conservancy For Shelburne Pond (Ewing Lee project) I. This Grant Agreement is made and entered into by and between the City of South Burlington and The Nature Conservancy (TNC). II. This Agreement becomes effective when it is signed by both parties, and remains in effect until all terms and conditions have been satisfied. III. Subject to the terms of this Agreement, the City of South Burlington shall provide to TNC a grant in the amount of twenty thousand dollars ($20,000) for the acquisition of the Ewing Lee tract as identified in Exhibit A. IV. The Nature Conservancy shall forward draft conveyance and easement documents for this transaction to Paul Conner, Director of Planning and Zoning, prior to closing, evidencing that the property will be permanently conserved with limited uses including some passive recreation for the public. V. Payment of the funds awarded under this Agreement will be made upon written request of TNC, provided that TNC has submitted documentation satisfactory to the City of South Burlington, as identified above, evidencing compliance with this Agreement. VI. Failure to comply with all or any part of this Agreement shall be the basis for termination of said Agreement by the City of South Burlington, though any termination notice shall include a reasonable opportunity for TNC to respond and/or remedy such non-compliance. VII. This Agreement shall be governed by the laws of the State of Vermont. VIII. Signatories The City of South Burlington has executed this Agreement by its duly authorized agent on the ___day of ______________, 2019. City of South Burlington By: ______________________________ Title:________________________ The Nature Conservancy has executed this Agreement by its duly authorized agent on the ___ day of ______________, 2019. The Nature Conservancy By: ____________________________ Title:__________________________ Project Summary: This project involves the purchase and permanent conservation of the 48.1-acre Ewing Lee tract, located in the Town of Shelburne (approx. 38.6 acres) and the City of South Burlington (approx. 9.5 acres), Chittenden County, Vermont and as further identified on Exhibit A. Grant Conditions: 1. Grant funds shall solely be used for acquisition of the Ewing Lee property by The Nature Conservancy. 2. At or after closing, the Ewing Lee property shall be encumbered by a perpetual conservation easement to be held by The Nature Conservancy and the Vermont Housing and Conservation Board. 4. Proposed conveyance documents shall be sent to the Director of Planning and Zoning prior to closing with a written request for disbursement of funds. 5. Passive recreational use over a portion of the property by the public shall be permitted within any encumbrance. 6. A parking area shall be provided in the general vicinity of the property to allow access for passive use of the property. SouthBurlington Shelburne Williston VCGI UVM Exhibit A: Ewing Lee Conservation Project 0 190 380 570 76095Feet R – 2019 - A RESOLUTION FOR THE ELECTRICAL VEHICLE SUPPLY EQUIPMENT GRANT PROGRAM WHEREAS, the City of South Burlington is applying for funding as provided for in the FY 2019 Budget Act and may receive an award of funds under said provisions; and WHEREAS, the South Burlington Energy Committee supports an application for funds and has worked with the City staff to develop an application for grant funding to install electric vehicle chargers in the Community Center at 180 Market Street (Library, Senior Center, and City Hall) parking lot; and WHEREAS, the South Burlington Planning Commission recommends applying for said Grant (signature: Jessica Louisos, Planning Commission Chair, ____________________________________ ); and WHEREAS, the Department of Housing and Community Development may offer a Grant Agreement to the City of South Burlington for said funding; and WHEREAS, The City Council has secured local funds for the match portion of the electric vehicle charging station (one of six chargers) as part of the 180 Market Street 2018 debt authorization. Now, THEREFORE, BE IT RESOLVED 1. That the City Council of South Burlington approves of entering into and agreeing to the requirements and obligations of this grant program including a commitment to match funds of 15% of total project cost; 2a. That Kevin Dorn, City Manager, is hereby designated to serve as the Municipal/Authorizing Official (M/AO) and to execute the Grant Agreement and other such Documents as may be necessary to secure these funds. 2b. That Thomas Hubbard, Deputy City Manager, is hereby designated to serve as an alternate Municipal/ Authorizing Official (M/AO) and to execute the Grant Agreement and other such Documents as may be necessary to secure these funds. 2c. That Ilona Blanchard, Project Director, is hereby designated as the Grant Administrator, with the overall Administrative responsibility for the Electric Vehicle Supply Equipment grant activities related to the application, and subsequent Grant Agreement provisions. APPROVED this _____ day of ______________ , 2019. SOUTH BURLINGTON CITY COUNCIL __________________________________ ________________________________ Helen Riehle, Chair Meaghan Emery, Vice Chair __________________________________ ________________________________ Tim Barritt, Clerk Tom Chittenden __________________________________ Dave Kaufman City of South Burlington, Grant Request Form Prior to applying for a grant please complete this form and submit to Deputy City Manager. Please submit at least two weeks prior to City Council approval meeting. Extenuating circumstances which do not permit two weeks notice should be brought to the attention of the Deputy City Manager as soon as possible. Please attach actual grant application form – either blank or completed Ilona Blanchard April 11, 2019 Name and title of person completing this form (Project Manager) Date 1. Name/title of grant and submittal deadline date: Electric Vehicle Supply Equipment (EVSE) Grant Program, April 30, 2019 2. What specifically is the grant’s purpose? The State of Vermont wishes to expand the statewide network of electric vehicle charging stations (also called Electric Vehicle Supply Equipment, or EVSE) in accordance with the Vermont Beneficiary Mitigation Plan of the Volkswagen Environmental Mitigation Trust. This grant application will request 6 electric vehicle charging stations serving 12 parking spaces or points of service (2 per station). 3. What does the grant fund and not fund (be specific)? Funding may be used for the purchase of Level 2 or direct current fast-charge (DCFC) equipment for light-duty vehicles meeting the funding criteria. Funding may also support auxiliary costs, including: permitting, design, power connection, striping, on-site signage, warranty, software, internet connection, protective devices, and eligible installation costs. Funds may not be used to purchase or rent real-estate or pay for other capital costs (such as: construction of buildings, parking facilities, etc.), electricity costs, general operation and maintenance, or administrative costs incurred by the applicant. 4. Total Project Cost: a. Amount of grant: $75,000-$100,000. b. Is there a City match required, how much and in what fiscal year(s)? Yes, we are proposing a match of 15%, in FY 20. c. Are there other grants “tied into” or being used as a match for this grant of which are matching funds for this grant? This grant will leverage a basic charging station into multiple higher quality chargers within the Library/City Hall/Senior Center building budget. 5. From what budget line will match be paid, and is there unencumbered money to pay it? From the Library/City Hall/Senior Center project. 6. Is there a cost to the city upon grant conclusion, and if yes, please describe? Yes, the City will have to continue to pay cloud networking services for the equipment that allows the public to purchase the electricity and charge their vehicles. The City is proposing also to commit to providing electricity free of charge to users of the stations for one year, after which there will be a charge of a dollar per hour user fee. 7. Is grant for stand-alone project, and if no, how does grant fit into another project (describe in some detail)? This grant will leverage a basic charging station into multiple higher quality chargers within the Library/City Hall/Senior Center building budget. 8. Length of grant - will the grant cross fiscal year(s)? Yes. The City would apply in 2019, the award would be announced in 2019. The City would install all underground connections and might purchase equipment in 2019, but would not install until 2020. 9. Who will apply for grant (name/title)? Ilona Blanchard/Project Director 10. How much time will it take to complete grant application form? We will used the prior application (November as a base) so the estimate is approximately 20 hours as some of the questions have changed. 11. How likely is it that we will receive grant? Unclear, however, 180 Market Street checks many of the boxes in terms of the locational criteria that improve the ranking of potential sites for the grant. 12. Who will manage (project manager) grant and grant paperwork if approved (if different person than who is filling out this form), what are any grant compliance requirements, how much time will this take and how is that time available? Are there funds available in the grant to pay for our administrative costs? Can in-kind service be used as part of the City match? Ilona Blanchard will manage this grant. All costs and funding sources for the Library/City Hall/Senior Center are being closely tracked so this will not create an additional burden. Administrative costs are not eligible for reimbursement. 13. Describe grant payment process – method of cash flow: Reimbursement 14. Should a Council-appointed Committee, Board, or Commission review this request? If yes, please update status: This grant has been spearheaded by the Energy Committee. 15. In terms of priority, with 5 being highest and 1 being lowest, please rate this grant in terms of how it fits into your primary mission as approved by City Council and current projects to complete that mission: 5 ___________________________________ _______________________________ Reviewed by Deputy City Manager, Date If approved, grant money will be in this fund ____________________________________ _______________________________ Approved by City Manager, Date Not Approved By City Manager, Date ___________________________________________ ______________________________________ Approved By City Council, Date Not Approved By City Council, Date 2/17/11 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.SouthBurlingtonVT.gov TO: Kevin Dorn, City Manager FROM: Ilona Blanchard, Project Director SUBJECT: Approve applying to the State of Vermont for a grant to fund Electric Charging Stations at 180 Market Street and resolution in support of application DATE: April 11, 2019 BACKGROUND: The City has a second opportunity to apply for funding to install a bank of Level 2 electric vehicle charging station in the parking serving 180 Market Street – the library, senior center and city hall. Staff has followed up with the State grant administrators, the Energy Committee and Drive Electric Vermont in order to strategize on how to better position the City in the next round, expected to be the final round. This grant application will provide 12 parking spaces with facilities for charging. Specifically, the City is requesting funds for the installation of six charging stations (2 per station), the same as in the last round. There are 40 parking spaces planned to be located behind 180 Market Street. The spaces will be open to anyone from the general public charging their vehicle. In an effort make this application more attractive, two changes are proposed: 1) Municipalities are required to provide a 10% grant match. In order to increase the number of points the application may receive, the City is proposing a 15% match. Essentially, the City would fund the Background, Continued, Page 2 installation of one of the six chargers. This match is already a base part of the budget for the building as the design includes 1 charger serving two priority parking spaces in order to meet LEED requirements. 2) Extra points are provided for offering the electricity free of charge for the first year, and once that year is past, the City’s grant application proposes to set the initial fee to be $1 per hour, the average cost of electricity that is pulled by electric vehicles in an hour. This is the equivalent to paying $1.34 for a gallon of gasoline. It is the City Council’s prerogative to set public use fees, so this fee could be revisited as technology, etc. changed. Both the Planning Commission and the Energy Committee are in favor of this application. The Planning Commission has passed a motion in support and the Chair will sign the resolution that is attached. In January of 2019 there were 157 EVs registered in South Burlington (61 of which are all electric), 1,072 in Chittenden County (446 all electric), and 2,985 in Vermont (1,010 all electric). Electric vehicle ownership in South Burlington increased by 28% last year and has the second most ownership in Vermont by municipality (Burlington having 222 EVs). RECOMMENDATION: Consider approval of the attached resolution and grant request form. ATTACHMENTS: A resolution for the Electrical Vehicle Supply Equipment Grant Program Grant Request Form ADDITIONAL The application is due April 30, 2019. Background, Continued, Page 3 CONSIDERATION City Of South Burlington, Grant Request Form Prior to applying for a grant please complete this form and submit to Assistant City Manager.. Please submit at least two weeks prior to City Council approval meeting. Extenuating circumstances which do not permit two weeks notice should be brought to the attention of the Assistant City Manager as soon as possible. Please attach actual grant application form – either blank or completed __Justin Rabidoux, Director of Public Works_ 4/10/19________ Name and title of person completing this form (Project Manager) Date 1. Name/title of grant and submittal deadline date: State of Vermont Class 2 Paving Grant due May 3. 2. What specifically is the grant’s purpose? To help offset the cost of repaving locally-owned Class 2 state highways. In this case, an FY’20 paving project on Dorset Street from Foulsham Hollow Road to at least Cider Mill Drive, hopefully to our southerly border with Shelburne, pending grant funding and final bid results. 3. What does the grant fund and not fund (be specific)? It will fund up to 80% of a project’s associated paving costs, including pavement, pavement markings, traffic control, etc. 4. Total Project Cost: $180,000 a. Amount of grant: $144,000 (80%) b. Is there a City match required, how much and in what fiscal year(s)? $36,000 (20%). Budgeted in FY’20. c. Are there other grants “tied into” or being used as a match for this grant of which are matching funds for this grant? No 5. From what budget line will match be paid, and is there unencumbered money to pay it? 100-12-7000-82.00, Highway Paving. Yes. 6. Is there a cost to the city upon grant conclusion, and if yes, please describe? Probably a couple hours of paperwork in the immediate and then potentially a couple of hours down the road if the State decides to audit the City and this project is pulled. 7. Is grant for stand alone project, and if no, how does grant fit into another project (describe in some detail)? Yes. 8. Length of grant - will the grant cross fiscal year(s)? It’s for FY’20. 9. Who will apply for grant (name/title)? Justin Rabidoux, Director of Public Works 10. How much time will it take to complete grant application form? 30 minutes 11. How likely is it that we will receive grant? Very likely, we have never been denied this grant request in my nine years with the City. 12. Who will manage (project manager) grant and grant paperwork if approved (if different person than who is filling out this form), what are any grant compliance requirements, how much time will this take and how is that time available? Are there funds available in the grant to pay for our administrative costs? Can in-kind service be used as part of the City match? Justin Rabidoux. There is a Project Closeout Form that must be completed and sent to the state with accompanying invoices from the contractor who performed the work. 13. Describe grant payment process – method of cash flow: It’s a reimbursement grant. Normally takes six to eight weeks to receive this type of reimbursement from VTrans. 14. Should a Council-appointed Committee, Board , or Commission review this request? No. If yes, please update status: 15. In terms of priority, with 5 being highest and 1 being lowest, please rate this grant in terms of how it fits into your primary mission as approved by City Council and current projects to complete that mission: 5. It involved the repaving of a major city road and given the associated grant dollars it would be a great grant for the city to obtain. ___________________________________ _______________________________ Reviewed by Asst. City Manager, Date If approved, grant money will be in this fund ____________________________________ _______________________________ Approved by City Manager, Date Not Approved By City Manager, Date ___________________________________________ ______________________________________ Approved By City Council, Date Not Approved By City Council, Date 2/17/11 Procedure Regarding Grant Request Form 1) No City of South Burlington staff member or volunteer shall apply for a grant without completing and receiving approval of the attached Form. 2) All Form questions must be answered – if you need assistance on financial questions please contact the Assistant City Manager (846-4112). 3) As a rule the Form needs to be submitted to the Assistant City Manager at least two (2) weeks before the City Council Meeting where the application will be reviewed. Exceptions can be made especially when the funding source(s) do not provide sufficient lead time 4) Attach any supporting documentation to the Form. 5) Assistant City Manager will review Form for accuracy and completeness – Assistant City Manager does not approve or reject application. 6) After being reviewed if the Form is complete the Assistant City Manager will submit form to City Manager for approval or rejection. 7) City Manager may request meeting with applicant for clarification. 8) City Manager will determine whether to approve or reject the application and have the project manager informed of the decision. Project manager can request a meeting with City Manager prior to Form being reviewed by Council. 9) Whether Form is approved or rejected by City Manager the Form will be reviewed by the City Council. Project manager will be given the opportunity to discuss Form with Council. 10) Council will make final decision as to whether to approve or reject grant application. Council will also have to formally approve accepting the grant itself if/when it is awarded. 11) If Council approves Form the project manager will be expected to use his/her Form responses to guide the actual grant application. 12) Project manager will update Assistant City Manager in writing as to grant writing, submittal, approval, and implementation progress. 13) If grant is accepted by granting authority project manager will submit to Assistant City Manager and Deputy Finance Officer a monthly progress report on grant implementation and financials – upon request of project manager report time frame can be modified by Assistant City Manager based on actual grant conditions. 14) Deputy Finance Officer will maintain a spread sheet of all grants that tracks grant progress related to financials. 15) Grant spread sheet will be included in yearly Budget Book. 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: April 10, 2019 Re: City Acceptance of Residential Stormwater Permits Under MS4 Section 7.1 of the City’s “Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems” describes a process by which exclusively residential properties can improve their stormwater systems and turn them over to the City. Once improvements are complete and these systems are accepted by City Council, the stormwater superintendent can then work with the State of Vermont Department of Environmental Conservation (the stormwater permitting agency) to take these existing permits and include them under the City’s MS4 Permit authorization. This process provides the properties with valid State stormwater permit coverage. The following properties or neighborhoods have completed all required steps in Sections 7.1(A) through 7.1(D) of the City Ordinance, are eligible to transfer their stormwater permits to the City, and have agreed to the City covering the discharge from their stormwater systems under its MS4 Permit: 1. Quarry Ridge – State of Vermont Permit Number 1-1257 2. Harbor Heights - State of Vermont Permit Number 6294-9030 3. Valley Ridge - State of Vermont Permit Number 3301-9010 4. Village at Dorset Park - State of Vermont Permit Number 1-0647 5. White Rocks – State of Vermont Permit Number 4124-9010.R I certify that all of the above properties or neighborhoods have met the required conditions specified in the Ordinance and that it is in the best interest of the City, and residents, for the City to accept transfer of their stormwater permits and to provide MS4 Permit coverage for these neighborhoods’ stormwater systems. Legal agreements related to MS4 Permit coverage have been reviewed and approved by the City’s outside legal counsel. I recommend that Council votes to accept the transfer of these stormwater permits to the City and to formally provide MS4 Permit coverage for these systems. If you have any questions, please contact me at (802) 658 – 7961 x6108 or tdipietro@sburl.com.