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Agenda - City Council - 09/18/2023
AGENDA SOUTH BURLINGTON CITY COUNCIL South Burlington City Hall 180 Market Street SOUTH BURLINGTON, VERMONT Participation Options In Person: 180 Market Street - Auditorium - Main Floor Assistive Listening Service Devices Available upon request Electronically: https://meet.goto.com/SouthBurlingtonVT/citycouncil-09-18-2023 You can also dial in using your phone: +1 (571) 317-3122 Access Code: 614-680-029 Regular Session 6:30 P.M. Monday September 18, 2023 1.Pledge of Allegiance (6:30 PM) 2.Instructions on exiting building in case of emergency and review of technology options –Jessie Baker, City Manager (6:31 – 6:32 PM) 3.Agenda Review: Additions, deletions or changes in order of agenda items (6:33 – 6:34 PM) 4.Comments and questions from the public not related to the agenda (6:35 – 6:45 PM) 5. Councilors’ Announcements and Reports on Committee assignments and City Manager’s Report (6:45 – 6:55 PM) 6.Consent Agenda: (6:55 – 7:00 PM) A.*** Consider and Sign DisbursementsB.*** Approve minutes from July 17, 2023, August 7, 2023, August 21, 2023,September 5, 2023.C.*** Receive the FY23 June and Year End Financials and approve allocating $21,000to the Health Care Reserve FundD.*** Receive the FY24 August FinancialsE.*** Approve a traffic Impact Fee Credit request for Synder-Braverman, SP-23-011and SP-23-035, 225 Market Street, 267 Market Street, and 113 Garden StreetF.*** Designate Stitzel, Page, and Fletcher, P.C. as the City’s attorney for tax salecollectionG.*** Approve entering into an engineering contract to Hoyle, Tanner & Associates forthe upgrade of the Bartlett Bay Wastewater Treatment FacilityH.*** Approve a Pole Attachment License agreement with Green Mountain Power and the ERUV Committee of Burlington in a substantially similar form to what is attachedI.*** Approve a request to establish a new line of credit with SB Collins for FireApparatus fueling 7.Consider appointments to the Chittenden County Communications Union District and theWinooski Valley Parks District -– Jessie Baker, City Manager (7:00 – 7:30PM) 8. Introduce Deputy Police Chief Sean Briscoe – Shawn Burke, Police Chief (7:30 – 7:50 PM) 9. *** Receive the Charter Committee's report on governance and consider providing direction to the Committee and staff – Peter Taylor, Charter Committee Chair (7:50 – 8:40 PM) 10. *** Discuss the use of remaining American Recovery Plan Act (ARPA) funds and provide direction to staff -– Jessie Baker, City Manager (8:40 – 9:10 PM) 11. *** FY25 Budget: Receive FY25 projections and set budget goals – Martha Machar, Finance Director (9:10 – 9:40 PM) 12. Other Business (9:40 – 9:50 PM) 13. Adjourn (9:50 PM) Respectfully Submitted: Jessie Baker City Manager *** Attachments Included Champlain Water District Check/Voucher Register - Check Report by Fund From 9/19/2023 Through 9/19/2023 Check Date Check Number Vendor Name Invoice Description Check Amount Invoice Number 9/19/2023 4636 Aldrich & Elliott, PC Project 23022.002 3,072.00 81553 9/19/2023 4637 Amazon Capital Services Door Hangers 25.00 11JD-RY9M-WM7M 9/19/2023 4638 Champlain Water District - Retail Retail to SBWD August Invoice 54,104.39 SBWD-401 9/19/2023 4639 Champlain Water District August Wholesale Invoice to SBWD 561.34 SBWD-394 9/19/2023 Champlain Water District August 2023 Water Consumption 164,055.88 SBWD-WTRCONSUMP-0823 9/19/2023 4640 Margaret Holt Refund Overpymt on Account 7196 512.54 REFUND-HOLT 9/19/2023 4641 Office Essentials of Vermont Staples 2.98 39645 9/19/2023 4642 Ferguson Enterprises LLC #3326 Hydrant Nozzle 359.95 WW045338 9/19/2023 4643 Jeffrey Robbins Refund Overpymt on Account 1654 132.05 REFUND 1654-083023 9/19/2023 4644 City of South Burlington Pike Industries - Asphalt - Invoice 1242434 699.30 588-SBWD 9/19/2023 4645 South Burlington Sewer Department August 2023 Sewer Billings 281,745.65 SBSEWER-083123 9/19/2023 4646 South Burlington Stormwater Department August 2023 Stormwater Fees 187,130.00 SBSTORM-083123 Total 70 - South Burlington Water Department 692,401.08 Report Total 692,401.08 70 - South Burlington Water Department SOUTH BURLINGTON CITY COUNCIL Page: 1 CITY COUNCIL 17 JULY 2023 The South Burlington City Council held a regular meeting on Monday, 17 July 2023, at 6:30 p.m., in the Auditorium, 180 Market Street, and by Go to Meeting remote participation. MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, T. Barnes, A. Chalnick ALSO PRESENT: J. Baker, City Manager; Chief S. Locke, Deputy City Manager; T. DiPietro, Public Works Director; P. Conner, Director of Planning & Zoning; E. Quallen, Public Works Director of Capital Projects; A. Homen, J. & B. Britt, B. Sirvis, C. Larsen, S. Lowensohn, S. Dooley, H. Gagne, L. Smith, A. Chalnick, L. Marriott, M. Cota, M. Mittag, J.Mosley, D. Cummings, M. Simoneau, F. MacDonald, J. Cohen, L. Bailey, B. McMeehan, R. Greco, J. Brannu, R. Hall, Rep. N. Hyman, K. Moore, R. Doyle, A. Gross, S. Dopp, J. Louisos, A. Cousins, L. Yankowski 1. Instructions on exiting building in case of emergency and review of technology option: Ms. Baker provided instructions on emergency exit from the building and reviewed technology options. 2. Additions, deletions or changes in the order of Agenda items: Ms. Emery asked to add a discussion on Other Business about a recognition event for committee members who have stepped down. 3. Comments and questions from the public not related to the agenda: A member of the public spoke to the need to ban gas powered leaf blowers and edgers. She noted the Council may be reluctant to do this because of the inability to enforce an ordinance. She agreed that was not a good use of Police time, but the she felt it would give people more opportunity to speak to neighbors who were using the gas powered equipment. She noted this equipment is polluting and not essential. Electric powered equipment is not very expensive. She urged the Council to reconsider an ordinance. Ms. Emery said this could be a good topic for the “Councilors Corner.” Mr. Barritt noted he is doing the August column. Ms. Sirvis then spoke to the potential use of ARPA money. She felt the Council has lost touch with today’s needs by focusing on climate change. She suggested looking at nice apartments at reasonable rates. She urged the Council not to listen only to those who live in the Southeast Quadrant. Ms. Sirvis said that while climate change is real, so is the need for a place for CITY COUNCIL 17 JULY 2023 PAGE 2 children to play. She urged the Council not to drop the idea of a Recreation Center and to have a more balanced approach to today’s needs and future needs. Ms. Riehle spoke to the community’s good fortune to have escaped much of the recent flooding and to have been able to provide so much help to other communities. She felt the city has put rules in place that have had better consequences for residents. 4. Announcements and City Manager’s Report: Council members reported on recent meetings and events they had attended. Ms. Baker: Staff will be doing a walking tour of City Center prior to the 21 August meeting. The school impact fee goes into effect on 1 August 2023. In response to the recent flooding, Ms. Baker noted the infrastructure which helped protect the city from disaster. She also noted that city employees were dispatched to other parts of the state to help more affected communities. Public sweepers were sent to clear streets and roads. Water Quality personnel brought sludge to Montpelier to re-seed the bacteria in their Sewage Treatment Plant. A crew of 8 removed debris from the streets of Barre. And another crew pumped out basements in Waterbury. 5. Consent Agenda: a. Approve and Sign Disbursements b. Approve minutes from the 19 June 2023 and 26 June 2023 City Council meetings c. Approve the Energy Committee’s application for a Municipal Energy Resilience Program grant Ms. Emery moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Motion passed unanimously. 6. Interview and consider appointing a candidate to the Energy Committee: Ms. Riehle noted that Fred Kosnitzky has previously served on that committee. CITY COUNCIL 17 JULY 2023 PAGE 3 Mr. Barritt moved to appoint Fred Kosnitzky to the Energy Committee. Ms. Emery seconded. Motion passed unanimously. 7. Discussion of Hubbard Park path connectivity and materials, and provide direction to staff: Ms. Quallen showed a map of the project area and noted the path is just within the city-owned property. She then reviewed the history of the project. She showed the design done in May, which included a public art installation. Because there is now a 100-foot wetland buffer, there is now a new design. The southern end of the path would stay the same, but the parking area would now be curved slightly. It would have the same capacity. The pavement is the same planned surface. The path would be stabilized to a depth of 18 inches which would still be needed were the path to be gravel. Ms. Quallen noted that pavement remains accessible for a long time while gravel would require a lot of maintenance to keep it accessible. Pavement can also be plowed in winter while gravel cannot. The cost for pavement is $175,000. The cost for gravel would be $140,000. This does not include the parking area. Regarding stormwater, Ms. Quallen noted that this is still in design. There is a treatment area west of the proposed parking. They do not yet have a cost estimate. Mr. Barritt asked whether the cost of the path includes the part to get to the edge of South Pointe. Ms. Quallen said the cost includes only what is within the park. Ms. Emery asked if they have explored cement which is better with respect to heat. Ms. Quallen said they have not due to the cost. Mr. Mittag asked why a stormwater facility is needed in the park. Ms. Quallen said that with any new impervious, they need to account from runoff, and this crosses the State threshold for needing to treat stormwater. Mr. DiPietro said this is also because Bartlett Brook is impaired, and there have been washouts in the past. Mr. Mittag noted this is a very divisive issue, and he hoped a middle ground could be found. Public comments was then received as follows: CITY COUNCIL 17 JULY 2023 PAGE 4 J. Mosely (representing the Board of Pinnacle): Was concerned with pedestrian and bike accidents occurring because it is a shared use path. There are many older people in the neighborhood, and having a pedestrian only path would be safer for them. Ms. Riehle noted that all paths in the city are shared use. Resident: 100% in favor of the path. Cited the risks to cyclists on the road are far greater than to pedestrians on a mixed use path. Bike vs. car is the worst, and people are killed. There is also a need to stop burning fossil fuels, and one way to do that is to get out of cars and onto bikes. People don’t bike now because they are afraid of getting killed. M. Simoneau (Chair of Recreation & Parks Committee): The committee supports the parking are and paved path. City parks are for all people, and this park has been very underutilized. The committee would also like to see a venue for people to gather, which was in the original plan. F. MacDonald: Supported a paved path. He felt it completes a missing link. He would like it paved all the way to Parkside, and he believed there is a right-of-way that would allow that. He also supported retaining the existing grass area beside the proposed path so people can ski and snowshoe in winter. He supported a smaller parking area but did not support the viewing or artwork areas. D. Cummings: Alternate ways are needed to get people to work and to shopping, services, etc. This is a missing link to allow that. He is afraid to even walk with his grandchildren on the road. The path needs to be paved to be serviceable. He noted that the park name includes the word “recreation,” and you need to get there in order to recreate. He noted that developers are required to pave paths, so the city should pave its own path. Paving the path will not increase climate issues; it will reduce them by providing an additional way to get to Burlington. L. Norris: The main thing she had a problem with is wanting both open space and connectivity. This is a natural area. A paved parking lot is not natural. There are no bikes in Red Rocks Park. It would change the environment in Hubbard. 30 parking spaces is too many. Biking on Spear Street is not safe because of a length of 300 yards. She could not see paving a bike path because of 300 yards when there are other routes to use. H. Gagne (Chair of the Bike/Ped Committee): The path system is not just for South Burlington. There are connections for Hinesburg and Shelburne and other communities. This is part of a route to Burlington. She noted that for years she didn’t know it was a public park. She also CITY COUNCIL 17 JULY 2023 PAGE 5 noted there are 40 parking spaces at JC Park, so it wouldn’t be that big an area. She favored a paved path. J. Cohen: Keep the land as natural as possible. L. Bailey: She lives near JC Park, and it is great. She also has grandchildren who live near Hubbard, and she won’t let them on the road. She noted how muddy the area can be. People would enjoy it more with a paved path. B. McMeeken: He shares a boundary with the park. This is the first time he’s heard about stormwater treatment. His basement has been dry for 25 years, and he wants it to stay that way. He is a biker, and he is concerned about speed with electric bikes. He hoped that didn’t happen here. B. Britt: Lives near the Park and is also on the Bike/Ped Committee. He feels a shared use path is critical for vulnerable users. It provides a safe connection for neighbors to get together and for kids to see their friends without going onto Spear Street. The Park was purchased with Open Space funds; it is not conserved. It allows a paved path and parking. That is an equity issue to allow all people to use the park. He felt at least 10-15 parking spaces were needed as well as 3-4 benches nearby for people to put on snowshoes. He noted there was originally a plan for a wooden bridge near the woods; he suggested thinking about putting that back in. He noted that unpaved bike trails have been wiped out. J. Brannu: She cannot imagine this place degraded by lights and parking for 30 cars. Adding more impervious surface to the earth is wrong. Suggested studying how many more people would use the path to bike. R. Greco: Lives opposite the park and presented a petition of 121 signatures who also leave near the park. Hopes the Council would not disregard them. She predicted future disasters and said nature is the best ally. R. Doyle: Pinnacle and Four Sisters Road, where the people who signed the petition live, were once natural areas degraded to put in their developments. Just the pavement in front of their homes is more than would be affected by this bike path. And more water runs off Ms. Greco’s property than will run off this path. Favored a paved path. CITY COUNCIL 17 JULY 2023 PAGE 6 L. Marriott: Supports bike/ped infrastructure and would like to see more. She asked about a budget to provide maintenance. She noted she gets hit in the face by the Market Street trees when she bicycles there. L. Smith: Lives in Queen City Park, serves on the Planning Commission but spoke for himself. The path can be a great connector. Connecting all of South Burlington’s parks could rival Burlington’s system. It would be great to have benches throughout. Start small with parking, then grow as needed. C. Larson: Lives in Burlington, and it is very limited to where he can go in South Burlington. Favored a paved path. The best way to get cars off the road and reduce emissions. K. Moore: Would hate to see any impervious surface in this park. Supported the Dorset Street path over this one. South Village HOA: Fully supports a paved path for safe, alternate travel. Rep. N. Hyman: Didn’t see the need for a bike path here. Park should be for wildlife. A. Gross: Concerned that this could lead to massive things added in the future. Didn’t object to any of the proposals but opposes anything further. R. Hall: Questioned paving the parking areas. Can there by a path that is just mowed for people with dogs. Can further development be prevented. This ended the public comment session. Mr. Chalnick then said he originally opposed a paved path but has changed his mind. There is a goal to reduce emissions. To do that, people have to get out of their cars. There is no safe way to bike north; his wife and daughter don’t feels safe. It is too expensive to build a safe path on Spear Street. The proposed path is the vital path for safe riding into Burlington, and it needs to be usable 4 seasons. The path is so small, paving it will not have a negative ecological impact. The idea that it will is ridiculous. He added that he would like to see a mowed path beside the paved path. It also make sense to have some bridges. He did not see the need to pave the parking lot or to have lighting. He also would like to agree to a conservation easement on the rest of the parcel. CITY COUNCIL 17 JULY 2023 PAGE 7 Ms. Emery noted she was on the land with her parents, and her father fell. He had no place to sit, and he had to be helped back to the car. She agreed with Mr. Chalnick to have a paved path with a mowed path beside it. Without a paved path, people with walkers or in a wheelchair would have no access. This is a gem that should be available to everyone. She noted that out west there are paved parking areas near the largest sequoias in the world so people are not denied the right to see them. She would like to consider cement, even though it is more expensive. It lasts longer, and there is less maintenance over time. She would also want any lighting directed downward, possibly starting with no lighting and 15 parking spaces. Mr. Barnes said this is not an easy decision. He recognized Mr. Chalnick for having an open mind. He noted that his father has Parkinson’s, and it was heartbreaking to watch him try to navigate the ground in Wheeler Park. He was not OK with taking taxpayer money and not making the park accessible to everyone. He said it is markedly more dangerous to have bike lanes on roads, and it becomes even more dangerous when you add medians and bikers become less visible. Mr. Barnes also noted that research has shown that shared use paths are the way to go. He favored paving the path and being open to other mitigation. Mr. Barritt cited the importance of maintaining the path in winter and maintaining equity. He felt the city shouldn’t do anything until they have all the easements. Ms. Riehle reviewed what she sees as the Council’s consensus: a. Pave the path b. Look at cement for parking c. Provide benches, possibly wooden d. A mowed adjacent path e. Small parking area, expand if needed f. Split rail fence g. Pursue what it would take to conserve the rest of the park h. Work with neighbors to make it a connected path Mr. Chalnick raised the question of the width of the path. Mr. Barnes said the DOT standard is 10 feet. Ms. Dopp said she thinks there may be someone with an interest in pursuing a conservation easement. CITY COUNCIL 17 JULY 2023 PAGE 8 Ms. Baker said staff would like to bring back a proposal for lighting with very low lights to avoid safety issues. Ms. Emery then moved to give authority to city staff to go forward with the design, with benches, a mowed adjacent path, no viewing area or art installation, low lighting, parking for 18 vehicles with vegetation to shield homes from car lights, and having staff look into a potential conservation easement. Mr. Barritt seconded. Mr. Barritt asked that staff get an estimate as to what it will cost to do South Pointe. Ms. Quallen said they can do that. In the vote that followed, the motion passed unanimously. 8. Planning Commission Chair to brief the Council on the Comprehensive Plan: Ms. Louisos said the Commission was unanimously in calling the plan the “City Plan,” though “comprehensive” was still an option. Ms. Louisos stressed that the plan includes more than land use and the other requirements of State Statute. She showed the opening statement, which is very specific to climate change. She also showed the “guiding principles” section which replaces the 4 goals as a kind of summary page. There are still 4: Climate Resilient; Inclusive, Fair and Just; Thoughtful and Sustainable Built Environment; Collaborative and Engaged. Mr. Conner noted the plan is shorted than previous plans and gets to the key issues without being so descriptive. Ms. Louisos cited considerable public input including some upcoming “listening sessions” with the public. Following those sessions, the Commission will do additional editing. The official public hearing will be toward the end of August, and the plan will come to the Council in October for the Council’s public hearing process. Ms. Louisos noted there are some industrial/commercial areas which would include residential as a new use. There are also some small scale commercial uses which would be allowed in residential zones. She showed the land use maps from the current and proposed plans and noted an area where commercial with residential could happen. She also pointed out CITY COUNCIL 17 JULY 2023 PAGE 9 expanded green areas and an area on Williston Road where higher scale uses might be appropriate. Ms. Emery cited the importance of keeping equity as an equal concern with climate action. The plan needs to lift everyone; without the equity piece, she felt there cannot be climate action. If people don’t come to the parks, they will not understand the need to preserve that land. Ms. Riehle noted that housing is more challenging, and the options may be more limited. She also cited the need to include green space even on Williston Road with higher density housing. Mr. Chalnick asked why the piece along the waterfront is not green. Mr. Conner said there are some wetlands in that area, and the map doesn’t capture each wetland. There is also a stream through there. Mr. Chalnick said he thought the city should conserve that. Mr. Barnes said he was less concerned with specific plots of land. He was more concerned with the top priority. He noted that 50% of the city’s residents can’t afford to buy property in the city and asked how the guiding principles of the city’s plan reconciles that. He was concerned with the city becoming an exclusive community and driving people out. Ms. Riehle said that development cost is $750/square foot, and that can never be affordable. She appreciated the desire to build affordable housing all over the city, but she felt there wasn’t much the city can do about it. Mr. Barnes replied that the same thing could be said about climate change, but the Council isn’t throwing up its hands and saying there’s a limit to what we can do about that. Ms. Emery thought having residential in the Commercial/Industrial zones was a positive thing. Ms. Yankowski noted the City Plan is a guiding document. She noted she was born in South Burlington but is now concerned with being able to continue to afford to live in the city. Mr. Barnes questioned whether the Council is taking enough care to balance climate change with affordability of neighborhoods. He worried that there will be big bills coming up regarding the schools, climate change, etc., and there is a finite amount of income. He didn’t share the optimism that people will stay in South Burlington when their kids are through the school system. CITY COUNCIL 17 JULY 2023 PAGE 10 Ms. Louisos said it is the Planning Commission’s job between now and October to balance that. She felt they want to focus on areas adjacent to City Center Ms. Baker said that what she is hearing is that the Council is comfortable with climate change as an overriding concern, but they want to see other “balancing.” Mr. Smith said he agreed with Mr. Barnes. He said the within the plan the Commission does address equity, housing, etc., and perhaps there should be more emphasis early on. Both Mr. Barnes and Ms. Emery agreed. Mr. Barnes said he didn’t want to see “climate change at all costs.” 9. Receive an update on the development of Implementation Plans for the Climate Action Plan: Ms. Baker said the Transportation Plan is the furthest ahead. The Government Implementation Plan has been a very significant challenge in the past year. They received only one potential consultant response, which the city deemed “non-responsive.” Mr. Bresee and Mr. Atherton are going to write this plan and will be engaging all city leaders. The hope is to bring it as part of the FT25 budget. There is no funding yet for the Thermal Implementation Plan and it is yet to be written. 10. Discuss and consider taking action to direct the City Manager to work with the School Superintendent on the transfer of ownership of 577 Dorset Street to the School District: Ms. Baker said this item is a result of the recent Steering Committee meeting. She stressed that it will be a very detailed process and will involve a lot line adjustment. Ms. Emery moved to direct the City Manager to work with the School Superintendent on the transfer of ownership of 577 Dorset Street to the School District. Mr. Barnes seconded. Mr. Chalnick asked what is stored there. Mr. Baker said there needs to be a plan for that. The vault and server may need to remain in leased space, but not any office space. She added that there is a benefit to locating the Fire Prevention people there. Chief Locke indicated that they are looking at adding to the north end of the Fire Station. CITY COUNCIL 17 JULY 2023 PAGE 11 In the vote that followed, the motion passed unanimously. 11. Approve the FY24 Policy Priorities and Strategies and the Committee workplans: Ms. Baker said staff has integrated what was heard at the retreat. There are 2 major changes: priority for planning for 577 Dorset Street and rearranging Climate Action Plan items. Mr. Barritt moved to approve the FY24 Policy Priorities and Strategies and Committee workplans as presented. Ms. Riehle seconded. Mr. Chalnick asked to change “explore” green space option to a “must.” He also asked for weatherization requirements for rental properties. Ms. Emery said this is in the City Plan. Chief Locke said they should get the rental plan off the ground before adding complexity, and that would be outside the normal scope. Mr. Barnes said he trusts staff to do it right, and said you have to walk before you can run. In the vote that followed, the motion passed unanimously. 12. Convene as South Burlington Liquor Control Commission to consider the following: La Quinta Inn and Suites, 1st Class Hotel: Mr. Barritt moved that the Council convene as Liquor Control Commission. Ms. Emery seconded. Motion passed unanimously. Mr. Barritt moved to approve the LaQuinta Inn and Suites, 1st Class Hotel permit as presented. Ms. Emery seconded. Motion passed unanimously. Mr. Barritt moved to reconvene as City Council. Ms. Emery seconded. Motion passed unanimously. 13. Other Business: Mr. Barritt noted he has been getting emails regarding traffic on Dorset Street with not enough space in left turn lanes. Ms. Emery noted that Sandra Dooley has asked that the Council recognize John Simson for his many years of service to the City. Ms. Emery also noted that in the past people received CITY COUNCIL 17 JULY 2023 PAGE 12 plaques when they had served the city for many years. She suggested doing this for John and also for other former City Councilors and Committee members who step down. She suggested possibly having the awards at Sobu Night Out. Ms. Baker suggested the 24 August Sobu Night Out. She will check with Ms. Rees. As there was no further business to come before the Council Mr. Barritt moved to adjourn. Mr. Chalnick seconded. Motion passed unanimously. The meeting was adjourned at 11:00 p.m. _________________________________ Clerk CITY COUNCIL 7 AUGUST 2023 The South Burlington City Council held a regular meeting on Monday, 7 August 2023, at 6:30 p.m., in the Auditorium, 180 Market Street, and by Go to Meeting remote participation. MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, A. Chalnick ALSO PRESENT: J. Baker, City Manager; Chief S. Locke, Deputy City Manager; J. Murray, Librarian; S. Pape, Library Board of Directors; D. Bugbee, M. Mittag, B. Sirvis, R. Doyle, Rep. B. Cina, L. Bailey, L. Diamond, 1. Instructions on exiting building in case of emergency and review of technology option: Ms. Baker provided instructions on emergency exit from the building and reviewed technology options. 2. Additions, deletions or changes in the order of Agenda items: Ms. Emery asked to add to Other Business a discussion of post cards members received and a discussion of City Center housing design. Ms. Baker asked to add as Item 10B a Resolution honoring City Clerk Donna Kinville. 3. Comments and questions from the public not related to the agenda: Ms. Diamond spoke regarding a showing of the film “Abolition and Revolution” which will be hosted by the Library on 1 September from 6-8 p.m. She hoped Council members would attend to show their support. Mr. Mittag questioned the status of the conservation easement for the Wheeler Nature Park and asked why it has taken so long. Ms. Baker said it is being worked on. Mr. Mittag asked that it be on the top of the list. Rep. Cina thanked Ms. Diamond for her ongoing efforts to make things better for everyone. He said he hoped Burlington and South Burlington can show how to build housing with equity and to bring the most impacted people into the discussion when designing new neighborhoods. 4. Announcements and City Manager’s Report: Council members reported on meetings and events they had attended. CITY COUNCIL 7 AUGUST 2023 PAGE 2 Ms. Emery also spoke to the issue of people in City Center housing being intimidated because of their gender choice and of the need for the Council to listen to them. Ms. Emery also suggested that the empty China Palace building could be a good site for a child care facility. Ms. Baker: The City has received a Municipal Planning Grant to address housing equity. On 21 August, 4 p.m., the Council will have a walking tour of City Center. This will be warned as a meeting. The FY24 paving schedule has been completed. It will focus on Dorset St. Paving on Route 7 is ongoing, weather permitting. Signal work is on-going on Dorset Street. The site plan for Lot N on Market Street has gotten approval. There are 3 buildings, each 4 stories high, with first floor commercial and 210 rental housing units. This is a UVM investment. Meetings are ongoing with the School District regarding transfer of 575 Dorset Street. This is a very complex issue. The City hosted the State Treasurer last week along with bond bank representatives. Ms. Baker said she spoke to the group regarding workforce needs. The visitors also toured Beta. There have been number of car break-ins, and residents are urged to keep their cars locked. City Hall will be closed on Bennington Battle Day. Mr. Barritt noted traffic backing up on Williston Road where the repaving of the new Beta entrance is going on. Mr. Chalnick noted recent digging up of Spear Street which is a mess. Ms. Baker said the city is CITY COUNCIL 7 AUGUST 2023 PAGE 3 aware of this, and Mr. DiPietro is working with the developer to fix the road. 5. Consent Agenda: a. Approve and Sign Disbursements b. Approve Minutes from the 10 July Special City Council meeting and 17 July regular Council meeting c. Approve applications for 2023-2024 US Department of Transportation Discretionary Grant funds to support the Bike and Pedestrian bridge over I-89 d. Approve the allocation of up to $35,000 in ARPA dollars to fund placemaking and planning work to create a City Green” in City Center Mr. Chalnick asked to hold out the 17 June minutes. Ms. Emery asked about “Pride Parade.” Ms. Murray said this year they will be in the Pride Parade with a banner. Next year, they hope to have a “book cart drill team.” Mr. Barritt asked about the repair of the elevator. Ms. Baker said it has been functional for 5 days. The issue was a ribbon cable which had to be ordered. Ms. Emery moved to approve the Consent Agenda minus the 17 July minutes. Mr. Barritt seconded. Motion passed 4-0. 6. Introduce Andy Brumbaugh, Communication and Outreach Coordinator for the City: Ms. Baker introduced Mr. Brumbaugh and noted he has 20 years of experience in the TV industry and has won numerous awards from the Vermont Broadcasters’ Association. Mr. Brumbaugh said that everyone he has talked to has said “I have a long list of things for you”! 7. Receive the Library Board presentation on their Strategic Plan: Ms. Pape said the Library Board is the governing body of the Library and is there to support the staff. CITY COUNCIL 7 AUGUST 2023 PAGE 4 Ms. Murray reviewed the main categories of the Strategic Plan and said they are in keeping with all equity/inclusion priorities. They are also committed to addressing climate change. Being in the “Pride Parade” is part of that. Ms. Murray also noted that displays in the Library are reflective of different parts of the community. Mr. Pape said the plan is a 5-year plan, so they can see if the goals are being met. Ms. Emery asked if there is help for people with hearing, speaking and writing issues. Ms. Murray said all of the computers can be programmed to do that, and one is large print. She was not familiar with any equipment that deals with writing. The building also has hearing loops in various rooms. Mr. Barritt noted that CBS News did a story of a Florida high school next door to senior housing where the students went in and helped residents learn to use their phones. Ms. Emery noted that South Burlington’s Tech Club also does that. Ms. Murray said the Library has helped committees do a reading plan and has done programs at Allard Square, which they can do again. Ms. Baker said she appreciates the partnership between the Library and the City and noted that Ms. Murray is on the City’s Leadership Team. 8. Receive the Fire Department’s Strategic Plan: Chief Locke said this is also a 5-year plan with goals that are internally focused to address quality of life issues. Now that they are at full staffing, quality of life has improved. Ms. Baker stressed the importance of this as Firefighters are responding to public needs. Chief Locke said the Strategic Plan was a 3-day facilitated process which included a Mission Statement, Vision Statement, Core Values, and the identification of goals. The Chief then reviewed the Mission and Vision Statements, both of which stress professionalism and integrity. The 5 department goals are: a. Utilize technology to enhance employee well-being b. Create an environment that embraces employee satisfaction for members of the organization, resulting in increased career fulfillment and longevity CITY COUNCIL 7 AUGUST 2023 PAGE 5 c. Develop a comprehensive e staffing model to fulfill the needs of the community that aligns with national standards d. Create and implement a professional development program for all personnel e. Develop and implement a flexible and strategic model for alternative responses to substance abuse disorder, behavioral health and other high-frequency response types Chief Locke noted that 1/3 of his staff have less than one year on the job, so there is a lot of training. Mr. Chalnick asked if there are mental health professionals on staff. Chief Locke said they use the City’s team that is housed at the Police Department. Chief Locke noted that they are creating a document as to where their call volume comes from. He said Market Street has a very high volume of calls, some people calling every day. Ms. Emery asked if they ever see people sleeping on the street. The Chief said they do but not in the same spot. They will interact with these people when someone calls 911, often in a medical emergency, but the people often walk away. 9. Convene as South Burlington Liquor Control Commission to consider the following: Myer’s Wood Fired, Third Class Restaurant and Outside Consumption: Ms. Emery moved that the Council convene as Liquor Control Commission. Mr. Barritt seconded. Motion passed 4-0. Ms. Emery moved to approve the Third Class Restaurant and Outside Consumption permit for Myer’s Wood Fired, as presented. Mr. Barritt seconded. Motion passed 4-0. Ms. Emery moved to reconvene as City Council. Mr. Barritt seconded. Motion passed 4-0. 10. Consider a Resolution Honoring the Service of City Clerk Donna Kinville: Ms. Baker said she hoped the community will join the celebration of Ms. Kinville’s service on 17 August, 5 p.m., at Veterans’ Memorial Park. If there is rain, the ceremony will take place the following morning at City Hall. CITY COUNCIL 7 AUGUST 2023 PAGE 6 Mr. Barritt moved to approve the Resolution honoring Donna Kinville as presented. Ms. Emery seconded. Motion passed 4-0. 11. Other Business: It was noted that members had received post cards regarding traffic concerns on Midland Avenue. People feel there is speeding which is making the road unsafe. Mr. Barritt noted there is also a dangerous turn, and the streetscape is not very well designed. He added that the road is also very narrow. Ms. Riehle said she couldn’t drive fast there because of the narrowness. She also noted it is a new cut-through from Spear to Dorset Street. Mr. Barritt suggested this be given to Public Works to go through their evaluation process. Mr. Barritt noted that people in Cider Mill are also concerned with speeding and the new cut- through from Hinesburg Road to Dorset St. Ms. Riehle said the problem is where Nadeau Drive goes into Hinesburg Road. This concern was presented to the State, but they didn’t seem to be concerned. Regarding City Center architectural design, Ms. Emery hoped the Council could follow up on this concern. She was pleased to see balconies at Catamount Run. Ms. Riehle said she doesn’t share the concern with Market Street. Ms. Emery said she would like more variety. Ms. Baker said perhaps the walking tour will help. Ms. Riehle said “sameness” applies to other developments as well. She said 150 homes with only 3 designs makes things look alike. 12. Consider entering executive session for the purpose of discussing contracts and the negotiating or securing of real estate purchase or lease options: Mr. Barritt moved that the Council make a specific finding that premature general public knowledge of the Council’s discussion of real estate purchase or lease options would clearly place this public body at a substantial disadvantage. Ms. Emery seconded. Motion passed 4-0. Mr. Barritt then moved that the Board enter into Executive Session under V.S.A. Section 513(a)(1)(a) and 2 for the purpose of discussion contracts and the negotiating or securing of real estate purchase or lease options, inviting into the session Ms. Baker and Mr. McNeil. Ms. Emery seconded. Motion passed 4-0. The Council entered executive session at 8:15 p.m. CITY COUNCIL 7 AUGUST 2023 PAGE 7 Following the Executive Session, as there was no further business to come before the Council Mr. Barritt moved to adjourn. Ms. Emery seconded. Motion passed 4-0. The meeting was adjourned at p.m. _________________________________ Clerk CITY COUNCIL 21 AUGUST 2023 The South Burlington City Council held a regular meeting on Monday, 21 August 2023, at 6:30 p.m., in the Auditorium, 180 Market Street, and by Go to Meeting remote participation. MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, A. Chalnick ALSO PRESENT: J. Baker, City Manager; Chief S. Locke, Deputy City Manager; M. Machar, Finance Director; E. Quallen, Public Works Deputy Director of Capital Projects; Dr. T. Childs, C. McDonald, D. Peters, B. Sirvis, L. Williams, M. Mittag, E. Fitzgerald, D. Campbell, K. Bailey, R. Doyle, S. Dooley, N. Senecal, S. Conley, C. Moore, B. Britt, J. Stevens, A. Magyar, D. Austin, A. Overmaking, J. Asperte, C. Trombly, K. Sevilla 1. Instructions on exiting building in case of emergency and review of technology option: Ms. Baker provided instructions on emergency exit from the building and reviewed technology options. 2. Additions, deletions or changes in the order of Agenda items: No changes were made to the Agenda. 3. Comments and questions from the public not related to the agenda: Ms. Sevilla asked that the City consider revising its winter parking ban to mirror that of Burlington which institutes the ban only on nights when there is a snow event. 4. Announcements, Councilors Reports from Committee Assignments, and City Manager’s Report: Councilors reported on meetings and events they had attended in recent weeks, including an update on the noise abatement program from the Airport Commission. 20 homes are being sound-proofed now, and a grant has been received for about 50 homes in Phase 2 of the program to occur next summer. There will be a meeting at Chamberlin School on 14 September, 7 p.m., to update the community regarding the bike path and the noise abatement program. Ms. Riehle noted that Airport Director Nick Longo has asked to come to a Council meeting. CITY COUNCIL 21 AUGUST 2023 PAGE 2 Ms. Baker: In response to a question as to how the city is supporting the homeless, Ms. Baker said the biggest solution is housing for all, and the city is doing its fair share. Over 60 new homes will be added in the next few months. There is also coordination with health and substance abuse issues. The city is seeing an uptick in the use of City Hall spaces (e.g., the Library) and more calls regarding people in need. The former Ho Hum Motel is being converted to the housing for the homeless. The City Council did a walking tour of City Center and is considering possible changes to the Form Based Code. There was a lovely event on Thursday evening at Veterans’ Park to honor retiring City Clerk Donna Kinville and welcome new City Clerk Holly Rees. All land records are on-line now. The City is entering into an agreement to stake the Wheeler Nature Park boundary as part of the Conservation Easement process. Champlain Housing Trust and CVEO have asked South Burlington to join with them regarding a food shelf in Burlington. There will be a public hearing regarding that application. The city is advertising for available positions on committees. The hope is to hear applications on 18 September. There is an Intern working in the Library. Checkouts are up 23% (5,000 items a month), and over 10,000 Library Cards were issued last year. 5. Consent Agenda: a. Approve and Sign Disbursements b. Approve Minutes c. Receive the July Financials d. Authorize an application for a Building Communities grant for an ADA accessibility Project on behalf of Davis Studios e. Approve a Municipal Energy Resilience Program grant application for Station 2 and Wheeler House. CITY COUNCIL 21 AUGUST 2023 PAGE 3 Ms. Emery moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Motion passed 4-0. 6. Receive a Proposed Residential Rental Ordinance and information on space planning. Provide direction to staff: Chief Locke said fees were changed from what the Council saw the last time. Fees should cover annual expenses. There is an exclusion for farm businesses. Regarding space allocation to administer the program, Chief Locke said they had looked at adding onto the Fire Station, but the numbers have proven to be higher than anticipated. They are now looking for direction as to next steps. Chief Locke said there is concern with passing an Ordinance with no space available. Ms. Emery noted an email from Tom Getz regarding his concern with adding to the cost of building affordable housing. Mr. Getz said this could add $3000 a year per building and could affect applications for federal grants. He also noted how often affordable housing needs to be inspected. Ms. Riehle said new housing would not need to be inspected for 3 years. Chief Locke said Mr. Getz is not talking about safety inspections. He is proposing random inspections which, Chief Locke said, he opposes. He stressed that rental housing needs to be safe. He noted that with each round of inspections taking up to 3 years, it could be 5 years between inspections unless there are tenant complaints. Mr. Barritt said the main reason he supports an ordinance is to ensure that every unit is safe, that smoke detectors are hard-wired and interconnected. Mr. Chlanick said he is concerned that the ordinance is a little heavy-handed. He noted that renting space in homes is how some people pay for food and their own housing. He wanted to be sure the ordinance is not harming people. Chief Locke said they might want to differentiate between currently rented space and newly proposed rentals, except for health and safety inspections. Ms. Emery noted the ordinance gives people a year to “re-invent” themselves. She said the rentals are taking that housing off the market. There is no place for the workforce to live in the city. She felt the long-term rentals can help people make a living. She stressed the housing crisis and the need to respond to it. CITY COUNCIL 21 AUGUST 2023 PAGE 4 Mr. Conner noted that in March, per AirDNA, there were about 75 active short-term rentals in the city, 60 of which were considered “whole units” (45 single family homes, 15 in large buildings). 65% of those were available 90% of the year. Public comment was then heard as follows: J. Stevens: Burlington enacted legislation against out-of-staters buying homes for airbandbs. There are people in his neighborhood charging $4000.00 a week. They can afford fees, etc. There is an airbandb on either side of him, and he has been chastised by the occupants. They have lived there 25 years, and the last 2 years have changed. It is destroying community unity. A Magyar: A Burlington resident who was active in a “win-win” short term rental. An owner-occupied with rental rooms would not need inspections. There are women who cannot afford to live in their homes without renting rooms. In Burlington, it costs $80.00 to register. She suggested that for those that are not owner-occupied, there could be a nightly fee and the money could go to a housing trust. She also noted that with a short-term rental, she can get renters out; she can’t do that with a long-term rental. D. Sandy: Applauded the city for doing this. There are 2 airbandbs on her street; neither owner has ever lived in those houses. The summer has been a nightmare. Even though there are rules, the people just do what they want. She resents the intrusion into the neighborhood and said it is like living next to a hotel. She noted that in Stowe there can’t be airbandbs in certain parts of the town. She asked the Council to do what is right for neighborhoods. C. Moore: Can’t afford her home without short-term rentals. She asked that owner- occupied short-term rentals be allowed. Ms. Emery said that is allowed by this ordinance. Ms. Moore said she enjoys sharing her home because it is an historic home. A Overmaking: Has 2 short-term rentals, one in her home and one across the street which she uses for income. They both have hard-wired systems and have been inspected. She agrees with the rental registry, but it would be a financial blow to shut down her non-owner-occupied rental. That is how she can live in the city and care for her children. She has never had a complaint. She also employs people in the city to do yard work and cleaning. J. Asperte: A Colchester resident who owns a house in South Burlington, a duplex which she upgraded. It will take 5-7 years to recoup those expenses, then it will become a long-term CITY COUNCIL 21 AUGUST 2023 PAGE 5 rental. She recommends South Burlington restaurants to tenants. She asked that the non- owner-occupied short-term ban be eliminated. D. Campbell: Owns a short-term rental to help fund retirement. He approved of all the safety codes. Thought the registry could help people who are having problems with neighbors’ short- term rentals. He said most people follow the rules and need the income. The regulation would put him “out of business.” He felt the housing crisis can’t be solved “on our backs.” He would grandfather existing short-term rentals as a best solution. S. Dooley: Supports the registry and short-term rental regulations. She felt affordable housing should be exempt from the fees. She noted that Mr. Campbell spoke of “being put out of business,” but the house is a residential use, not zoned for a hotel. She also questioned whether the city should be taxing the property differently. Ms. Baker said it would be taxed at the “non-residential” rate. N. Senecal: Urged moving forward on the short-term rentals then getting data regarding long-term rentals. Asked if there is a way to create zoning as to where short-term rentals can go. C. Trombly: Noted that the Affordable Housing Committee discussed this at their most recent meeting. They noted that tenants are afraid to complain about safety and other issues because they’re afraid their leases won’t get renewed if they complain. The Committee favors exempting fees for affordable housing. Cindy: An East Terrace resident with a lot of long-term rentals. Said that airbandbs are a tourist industry and a “great entrepreneurial spirit.” They pay rooms and meals taxes. Mr. Barritt noted that Burlington has a vigorous rental registry at a cost of about $110/year to register. The value is health and safety. Every renter deserves that assurance. Ms. Emery said she fully supports the owner-occupied short-term rentals due to the housing crisis. She suggested a generous grace period, exempting affordable units and increasing fines to cover the shortfall, having a list of which buildings are inspected each year, coordinating with other agencies. Chief Locke said it is not possible to coordinate with other agencies. They would have to go to $160.00 to cover the loss from exempting affordable units. CITY COUNCCIL 21 AUGUST 2023 PAGE 6 Mr. Barritt suggested reducing the costs for affordable housing operated by groups such as Champlain Housing. He was OK with tweaking the ordinance along the way. Mr. Chalnick was opposed to people from out of state buying properties for airbandbs but felt the city needs more data before doing anything. The income would have to cover the costs. He agreed with reduced costs for affordable housing but didn’t feel zero was the right number. Mr. Riehle favored the intentions and purpose of the ordinance. Would like to see grandfathering of current owners until their property is sold. The home then would have to be owner-occupied. Totally supports all safety rules. Ms. Baker said staff will bring back a draft ordinance. 7. Review the FY23 General Fund surplus and consider making allocation decisions: Ms. Baker said there is a significant overage, mostly driven by revenues. Ms. Machar said there is over $2,000,000 surplus for the first time, about $900,000 of which is derived from local option taxes. Ms. Baker said that will be taken into account in the next budget. Ms. Machar said other overages come from electrical inspections and planning fees, mostly in City Center. The 0.2% interest rate at the beginning of the year is now at 4.2%. Staff is recommending some one-time spending items up to about $1,000,000 and putting the remainder in the fund balance. Ms. Riehle suggested increasing each of the Social Services allocations by $2,000. She also suggested additional funding for the Trinity Education Center and asked how much money they have raised independently. Dr. Childs said they have raised $38,000. She said she would do a full proposal so the Council can see the numbers. Ms. Machar suggest they go through the full budget process. Mr. Chalnick said he would like to see a sidewalk inventory and noted some sidewalks are in terrible shape (#3 on the proposed list). Mr. Barritt said some roads are very bad and cited Swift Street at the top of the hills. Ms. Machar said they can add that the road repair amount include sidewalks. CITY COUNCIL 21 AUGUST 2023 PAGE 7 Ms. Riehle asked where the city stands on line painting. Ms. Quallen said it is discussed weekly and is based on available equipment. They also cannot paint when it is raining, and this has been a very rainy year. Some larger roads are contracted out. Mr. Barritt then moved to approve the surplus allocation as present in Ms. Machar’s memo. Ms. Emery seconded. Motion passed 4-0. 8. Approve Resolution #2023-15 establishing speed limits on public streets and specifically establishing a School Zone at the Rick Marcotte Central School: Ms. Quallen noted the “school zone” signs are going up at Chamberlain School this week. Both Marcotte and Orchard Schools have been studied, including traffic volume, turning movements, geometric conditions, and safety concerns. The engineer recommends a “School Zone” on Market Street. This would reduce traffic speed to 20 mph at specified times which would be indicated by a blinking light. Only one of eight warrants for a stop sign was met, but in looking at potential traffic volume increase, they have decided on a 4-way stop at Market Street/School Drive in order to be proactive before things get worse. This will allow breaks for pedestrians to cross. The School Zone signs will cost $30,000.00. There was no indication of the need for a school zone at Orchard School as speeds are very low. There is an approval for $30,000 to study potential improvements at the Middle and High Schools which could be done at the same time to make it more cost effective. Mr. Barritt move that the Council approve Resolution #2023-15 establishing speed limits on public streets and specifically establishing a School Zone at the Rick Marcotte Central School as presented. Ms. Emery seconded. Motion passed 4-0. 9. Approve Resolution #2023-16 establishing stop intersections on public roads and highways and specifically establishing a four-way stop on Market Street and the driveway to the Rick Marcotte Central School and adding a stop sign at Mary Street and Market Street: Mr. Barritt moved to approve Resolution #2023-16 establishing stop intersections on public roads and highways and specifically establishing a four-way stop on Market Street and the CITY COUNCIL 21 AUGUST 2023 PAGE 8 driveway to the Rick Marcotte Central School and adding a stop sign at the stub of Mary Street and Market Street. Ms. Emery seconded. The motion passed 4-0. 10. Other Business: No other business was presented. As there was no further business to come before the Council Mr. Barritt moved to adjourn. Ms. Emery seconded. Motion passed unanimously. The meeting was adjourned at 9:51 p.m. _________________________________ Clerk CITY COUNCIL DRAFT MINUTES 5 SEPTEMBER 2023 The South Burlington City Council held a regular meeting on Monday, 5 September 2023, at 6:30 p.m., in the Auditorium, 180 Market Street, and by Go to Meeting remote participation. MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, T. Barnes, A. Chalnick ALSO PRESENT: J. Baker, City Manager; Chief S. Locke, Deputy City Manager; C. McNeil, City Attorney; P. Conner, Director of Planning & Zoning; M. Machar, Finance Director; T. DiPietro, Public Works Director; J. Nadeau, Water Superintendent; W. Elliott, D. Bugbee, M. Mittag, R. Doyle, L. Bailey, A. Demetrowitz, P. Dragon, R. Nehan 1. Instructions on exiting building in case of emergency and review of technology option: Ms. Baker provided instructions on emergency exit from the building and reviewed technology options. 2. Additions, deletions or changes in the order of Agenda items: No changes were made to the Agenda. 3. Comments and questions from the public not related to the agenda: Mr. Mittag asked for an update on the conservation easement for Wheeler Nature Park. Ms. Baker said the next step is to stake the property, and they are waiting a quote from the surveyors to do that. This is taking somewhat longer than anticipated because surveyors are involved with work as a result of the recent flooding in the State. Mr. Mittag said the Lake Champlain Land Trust may be interested in the Hubbard property. Ms. Baker said to have them contact her. 4. Announcements, Councilor’s Reports from Committee Work, and City Manager’s Report: Council members reported on meetings and events they had attended in recent weeks. Ms. Baker: Committee openings are being advertised. Applications are due by 13 September. The Dorset Street signal project is on-going. Ms. Baker thanked people for their patience. CITY COUNCIL 5 SEPTEMBER 2023 PAGE 2 The pride parade will be held on Sunday. All are invited to join. Thanked Mike Pieciak for speaking at the Police awards dinner. 5. Consent Agenda: a. Approve and Sign Disbursements b. Approve Vermont Community electric Vehicle Charger Program grant applications for Police Station and Public Works Ms. Emery moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Mr. Chalnick asked why there were only 4 chargers at the locations. Ms. Machar said 4 was the limit that could be applied for (4 at each location). Mr. Bresee said there are some reservations as to where these can be installed, so he suggested the city move slowly. In the vote that followed, the motion passed unanimously. 6 (formerly #13). FY25 Budget: Discuss and Approve the FY25 Budget Schedule: Ms. Machar noted the budget discussions will be in a line with discussions on the City Plan. She suggested the Council set a date for a budget retreat. She suggested Friday, 15 December either from 9 a.m.-1 p.m. or from Noon-4 p.m., with lunch provided. Members were OK with that. 6. Public Hearing on Champlain Housing Trust’s Vermont Community Development Program (VCDP) application to support Feeding Chittenden: Ms. Demetrowitz stated that the project will be located in Burlington’s Old North End at what was formerly known as the Chittenden Emergency Food Shelf. She noted that CHT manages the building. In recent years, the programs have grown tremendously and the demand has increased. Ms. Demetrowitz then introduced Paul Dragon and Rob Nehan to review the application. CITY COUNCIL 5 SEPTEMBER 2023 PAGE 3 Mr. Dragon said the proposed Community Resource Center used to be the VFW. They wanted to serve people experiencing homelessness, and the need to support the unsheltered would continue now at Feeding Chittenden. They have received some funding from the City of Burlington to increase the space and have completed renovations. They can now serve healthy meals daily from 9 to noon. In the past year, 2300 people were served with 26,000 visits recorded. 38,000 meals were provided as well as other services. People being served have a variety of issues including medical conditions, substance issues, mental health issues, etc. Mr. Nehan said that over 20,000 people in Chittenden County are experiencing food insecurity. The Feeding Chittenden facility employs 20 staff people who make and distribute food and teach various skills. There is also a food truck that goes throughout the county to serve food. There is a food pantry on site which serves 300 people a day and can meet special needs. They have also created an on-line market where people can order food and have it delivered to classrooms and home throughout the Champlain Valley. The project required a budget of $1,500,000.00 a year. Ms. Demetrowitz said that homelessness is a regional problem. The reason South Burlington is being asked to provide support for the program is that the City of Burlington cannot apply for VCDP funds. They are a CDBG entitlement community and funds from Burlington are provided directly from this funding pool at the City. The key is the building addition (she showed the plan). It will be expensive to build because of the tight urban site and contaminated soils issues. They are asking South Burlington to support the application. The grant would pay for any administrative time, City Attorney’s time, and the audit. Ms. Baker said VCDP funding is a very powerful tool which can bring in more funding in the community over time. The aim is to regularly access this funding for the community. The Public Hearing was opened. Public comment was then solicited. There was no public comment. Mr. Barritt moved to close the public hearing. Ms. Emery seconded. Motion passed unanimously. 7. Approve the City submitting a Vermont Community Development Program (VCDP) application on behalf of Champlain Housing Trust to support Feeding Chittenden: CITY COUNCIL 5 SEPTEMBER 2023 PAGE 4 Ms. Emery moved to approve the submission of the Vermont Community Development Program grant application on behalf of Champlain Housing Trust to support of Feeding Chittenden as presented. Mr. Barritt seconded. Motion passed unanimously. 8. Approve Resolution 2023-17 to make school zones in the City 25 mph in accordance with state statute: Mr. DiPietro noted that they had to change the proposed 20 mph to 25 because that is what the State allows. He thanked the Police Department for pointing this out. Ms. Baker added that the only way you can lower the speed limit to 20 mph is if it is in a designated downtown. Mr. Barritt moved to approve Resolution 2023-17 to make school zones in the City 25 mph in accordance with State statute. Ms. Emery seconded. Motion passed unanimously. 9. Receive a presentation on the recent Utility Rate Study and discuss next steps: Mr. DiPietro noted that there had not been a rate study for a long time, and with some major projects coming up they wanted to be sure there would be enough money to pay for them. This is also a good opportunity to modernize the ordinances. He then introduced Wayne Elliott of Aldrich and Elliott who did the rate study. Mr. Elliott began by reviewing the project study goals which including looking at how customers respond to rate increases, availability of billing resources, contractual rate obligations, the level of current and future costs and the impacts o rate changes on vulnerable populations. He then outlined the study’s objectives: a. Yields necessary revenue in a stable and predictable manner b. Minimizes unexpected changes to customer bills c. Discourages wastefulness d. Maintains simplicity e. Complies with State laws/statutes Mr. Elliott noted that at present the City charges only a usage rate and does not have a “base rate” or fixed fee. He also noted that in the past, rate increases have been held to under 3% which has not allowed the City to keep up with inflation and capital expenses. Mr. Elliott stressed that this is not sustainable in the long term. CITY COUNCIL 5 SEPTEMBER 2023 PAGE 5 The FY23 water rate is $36.21 per 1000 cu. Ft. The average customer uses 58,994 gallons/year which amounts to $290.40. This is one of the lowest rates in Vermont. CWD provides water and sells it at a wholesale rate. Their rate increases range from 3.4% to 9.5% annually, which puts the City behind. Since 41% of South Burlington customers pay the minimum, this is also a challenge. Mr. Elliott then outlined 4 options for dealing with these issues: A. Just bill for usage B. Create a fixed rate and usage charge C. Create different fixed rate for residential and commercial usage but keep the usage rate the same D. Create a fixed rate based on meter size (this is common in larger communities) The study is recommending going with the third option, having a non-residential fixed rate at twice the residential rate. The usage fee would be the same for all categories, and the minimum usage fee would still be based on 1000 cu. ft. Mr. Elliott then showed water rate projections for residential uses based on the recommendation. By FY26, the City should be able to cover the debt costs for capital projects. He also showed the same projections for non-residential customers. There is also a recommendation to phase in the increases, so they are easier for customers to manager. The study also recommends increasing the water allocation fee from $3.00/gallon to $9.59/gallon by FY26. This could be reduced if the City receives additional grants for the projects. There could also be a 50% reduction for affordable housing. There is no recommended change for the water connection fee. Mr. DiPietro noted that the City should be receiving a $500,000 grant from federal ARPA funds. Ms. Baker said the City is facing the challenge of becoming less competitive for these grants. The study includes recommendations for some updates to the Water Ordinance (terminology, etc.). CITY COUNCIL 5 SEPTEMBER 2023 PAGE 6 With regard to sewer rates, Mr. Elliott said the FY24 rate is $48.20 per cu. ft. The average residential customer pays $385.56/year, one of the lowest in the State. In the FY24 budget, the loan payment is $1,155,648 of which the Town of Colchester pays $742,310. Sewer rate alternatives were the same as for water, but the recommendation is to go with the first alternative with no changes in the rate structure because of the agreement with Colchester. The usage fee would be the same for all customers and there would be no fixed rate. The fee for FY24 is $14.57. The calculated fee should be $33.39 by FY27, but that is too high, so the recommendation is to lower it to remain competitive and to give a discount for affordable housing. In addition, if allocation fees come in well, the City could back down on the increases. There are no recommended changes for the sewer connection fee. Mr. Chalnick noted that 41% of customers would pay twice what they pay now for using less than 1000 cu. ft. He felt that was harsh. Mr. Elliott said that is a tough category, but he noted that other providers, such as cable TV charge for just the cost of service. The aim is to have people pay a fair share of fixed expenses. Mr. Chalnick said that still seems unfair to him. Ms. Emery said she would be open to having people who use less than 500 cu. ft. getting a rebate. Mr. Chalnick said that people who use more water should pay more. He suggested that if you use less than 500 cu. ft., you shouldn’t be charged the usage fee. Ms. Baker said staff can provide that analysis. Mr. Barritt said large multi-family units have no incentive to conserve water because the building gets only one bill. Mr. Elliott said that was why they included the option for the meter size, but that would put the burden onto an office building which does not use as much water. Mr. Barritt suggested that a building with 40 units pay 40 times the base rate. Mr. Elliott said that would be a huge increase and could affect the incentive for multi-family housing. Mr. Chalnick suggested just going back to the usage rate. He felt the base rate makes no sense or go to minimum usage. Mr. Elliott said increases will be greater for people at the lower end if there is no base rate. Mr. Barritt asked for the following data: the average cost per gallon for a single family home and for a multi- family unit. If it’s grossly inequitable, he would want to fix it. 10. Approve a development agreement with Joe Larkin to support the redevelopment of the Holiday Inn site: CITY COUNCIL 5 SEPTEMBER 2023 PAGE 7 Mr. Barritt moved that the Council meet in Executive Session for the purpose of discussing contracts. Ms. Emery seconded. Motion passed unanimously Upon returning from the Executive Session, Mr. Barritt moved to authorize the City Manager to execute a development agreement with Joe Larkin for the property at 1068 Williston Road in a form substantially like the draft provided. Ms. Emery seconded. Motion passed unanimously. 11. Approve the expansion of our Neighborhood Development Area to include the north side of Williston Road: Mr. Conner explained the 2 layers of development in City Center, one of which is the Neighborhood Development Area. The proposal is to extend that area to the northern and eastern extents of the Form Based Code area. This will help developers pay less for Act 250 or not have to go through Act 250 at all. Mr. Conner noted that agreements have to be renewed periodically, and the city is up for renewal in a few months. The proposal would add the Joe Larkin properties to the renewal. Ms. Emery moved to approve the submittal of the application to expand the Neighborhood Development Area to the north and the east within the City Center Form Based Code area as presented. Mr. Barritt seconded. Motion passed unanimously. Ms. Emery then moved to authorize the City Manager to enter into community investments agreements with Snyder-Braverman, Eastern Real Estate, and Larkin Realty in support of the upcoming New Town Center renewals in a form substantially similar to draft agreements presented in the City Council packet. Mr. Barritt seconded. Motion passed unanimously. 12. Review the City Charter in advance of receiving the Charter Committee’s report on September 18, 2023: Ms. Emery said she made the request because at the last City Charter Committee meeting a member of the public was concerned that residents’ voices are not equitably represented at the policy making tables. She also noted that in a public survey, many members of the public were looking for ways to gain more power. CITY COUNCIL 5 SEPTEMBER 2023 PAGE 8 Ms. Emery noted there is a provision in the Charter for neighborhood forums. She felt these forums are needed to bring issues to the City Council. She also felt it would be good for the City Charter Committee to look at this portion of the Charter. Ms. Riehle asked what the Committee would bring to the Council about this. Ms. Emery said there is a lack of knowledge about this option. She wanted the Committee to look at neighborhood forums with regard to their report. Ms. Riehle said it might be just as effective for the Council to have that discussion. She felt it was up to the Council to share with the community that this option is available and that the Council is very responsible to constituents. Ms. Baker stressed that there is a significant difference between access to government and governance. The City Charter Committee was tasked to look at governance, and the Council should let them present their findings. 13. Approve a Voting Delegate for the Vermont League of Cities and Towns Town Fair: Ms. Baker said the Town Fair will be held in South Burlington this year on 26 and 27 September, and the City would pay for Council members to attend. She will provide the agenda. Mr. Barritt moved to designate Jessie Baker as voting delegate for the Vermont League of Cities and Towns Town Fair. Ms. Emery seconded. Motion passed unanimously. 14. Other Business: Mr. Barritt noted a problem at Allen Road/Shelburne Road with temporary paint markings that have eliminated the right turn lane. He noted he contacted the person responsible for painting who said this is temporary. He suggested taking a picture of this and sending it to her. Ms. Emery suggested a public discussion regarding the winter parking ban. Ms. Baker said it is already on the 16 October agenda. 15. Executive Session: Mr. Barritt moved that the Council make a finding that premature public knowledge of labor relations agreements and specifically the collective bargaining agreement with the South CITY COUNCIL 5 SEPTEMBER 2023 PAGE 9 Burlington Career Fire Fighters Association Local 3671 would clearly put the city at a substantial disadvantage. Ms. Emery seconded. Motion passed unanimously. Mr. Barritt then moved that having so found, the Council meet in executive session to discuss collective the bargaining agreement with the South Burlington Career Fire Fighters Association Local 3671, inviting into the session Ms. Baker, Chief Locke, and Mr. McNeil. Ms. Emery seconded. Motion passed unanimously. As there was no further business to come before the Council Mr. Barritt moved to adjourn. Ms. Emery seconded. Motion passed unanimously. The meeting was adjourned at 10:25 p.m. _________________________________ Clerk MEMORANDUM TO: South Burlington City Council Jessie Baker, City Manager FROM: Martha Machar, Finance Director DATE: September 15, 2023 RE: End of Year Financials - FY23 City Budget ____________________________________________________________________________ Overview As projected and presented to Council during the second regular Council meeting in August, this is the second year the city will be closing its fiscal year with a surplus of over $2M. The uncertainty and realities caused by the COVID-19 pandemic had dramatic impacts on forecasted and actual City revenues. With the pandemic uncertainties during FY23 budget process, revenues, especially local option tax, interest income, and permit and inspections fees, were very conservatively estimated based on assumptions in late 2021. As you will see below, and in the end of year financial reports attached, actuals have well outperformed projections. With last year’s surplus, the City was able to meet one of its long-term fiscal goals of maintaining at least a minimum fund balance reserve covering 30-days’ worth of city operational expenses. Because of this investment, the city’s fund balance is in a much healthier position than it has ever been. During August 21st Council meeting, the Council approved management recommendations to make one-time funding from FY23 surplus to fund multiple projects. The management is also projecting a number of unfunded projects that may require fund balance allocations midyear. Some of these items include, but are not limited to: Closing costs related to 577 Dorset Street transfer to School District Rental Registry one-time implementation costs Implementation of City Center traffic study and mitigation FY23 Analysis Critical FY23 Revenue Surpluses Amount Over Budget Local Option Tax (Room & Meals plus Sales & Use) $ 906,951.21 Fire & Electrical Inspection fees $ 856,420.57 Interest Earned Income* $ 764,729.16 Ambulance billing services $ 257,888.02 Planning and Zoning permit fees $ 185,653.41 Total $ 2,971,642.37 *Interest on the general fund depository account At the end of the fiscal year, the share of the City’s deficits was offset by unprecedented increases in some of the revenues, outlined above, to maintained a projected surplus of over $2M. Total projected FY23 Surplus: $2,391,943 August 21st Council approved Allocations TEC/Infinite Youth Center $ 13,000.00 Neogov First year implementation $ 14,028.60 ADP Optimization process $ 10,000.00 Paving Projects $ 200,000.00 Dorset Street School zone engineering study $ 30,000.00 Marcotte School Zone Implementation $ 30,000.00 Dorset Street signal project additional funding $ 130,000.00 Additional funding for dispatch center upgrades $ 250,000.00 Funding for FY24 Illuminate VT (April 2024 event) $ 100,000.00 Indoor Recreation Center FY20 design expenses $ 164,135.63 Bike/Ped Bridge grant consultants $ 50,000.00 Additional funding for the approved social services agencies $ 16,000.00 kitchen & bathroom renovation at Fire Department Station 2 $ 100,000.00 $ 1,107,164.23 Net surplus projected to be added to fund balance $1,284,779.48 You will find below one additional FY23 surplus allocation request for your consideration. Recommendation – Approve adding additional funds to Health Care Reserve fund. During the close of FY21, Council established the Health Care Reserve Fund. The reserve fund and the required amount was a recommendation from the City’s health care consultant after the city’s decision to join the captive health care plan. As a reminder, the fund serves two distinct purposes for the captive. The first is to maintain adequate Incurred But Not Reported (IBNR) or “tail coverage” to ensure sufficient reserve funds are available were the City to ever leave the captive model. The second was to set-aside contingency funds in surplus years in order to self- insure against future health insurance increases or years with a high number of claims. Due to cost increases, the City’s consultant is recommending that the City add additional funds to the IBNR reserve. The IBNR reserve was initially funded at $148K, increased to $175K at the close of FY22 and is now being recommended to increase to $196K: “When factoring medical and prescription drug payment patterns we would expect the lag to pay claims to be equivalent to 1 month of claims. That equates to 8.33% of annual paid claims. If the budget can handle the increase to $196,000 it would be more conservative to set the IBNR reserve at this level.” Management is recommending that Council follow our consultant’s recommendation and add $21,000 of FY23 surplus to the Health Care Reserve Fund. Motion: to approve adding $21,000 of FY23 surplus funds to Health Care Reserve. Through many years of careful planning, the City has grown its fund balance from less than $100,000 to where it sits now at approximately $2,872.337. This represents around 11 percent of the FY24 general operating budget. For your reference, the City’s General Fund Balance Policy adopted pursuant to City auditor recommendations, states as follows: “It is the intent of the City to maintain a minimum balance of one month, 8.33%, of operating expenditures. The targeted balance is 2 months or 16.66%, and the maximum balance is not to exceed 25% of the operating expenditures, so long as cash flow needs are met and lowest point cash flow is not less than one payroll and one warrant, combined. Any amount in excess of 25% is to be appropriated as assigned fund balance or other fund balance categories as outlined below. The City Council may recommend transfers to the City that would reduce the balance below 25%, but no transfers shall be made that would reduce the balance to less than 8.33%. In the event that the unassigned fund balance drops below the minimum level, the City will develop a plan, implemented through the annual budgetary process, to bring the balance to the targeted level over a period of no more than three (3) years." Based upon this policy and the FY24 budget values: FY24 Operating Budget $ 25,034,292.06 8.33% Minimum Balance $ 2,085,356.53 16.66% Target Balance $ 4,170,713.06 25% cap for Fund balance $ 6,258,573.02 With the remainder of the FY23 estimated surplus going into the fund balance, the city fund balance is very close to meeting the target, at 16.52%. FY23 Estimated fund balance beginning fund balance $ 2,872,337.20 FY23 Estimated surplus $ 2,391,943.00 Estimated FY23 fund balance 6/30/23 $ 5,264,280.20 Fund balance as a percent of General Fund 21.03% 8/18/23 management surplus funding recommendations $ 1,107,164.23 9/18/2023 management surplus funding recommendations $21,000.00 Estimated FY23 fund balance‐net of recommendations $ 4,136,115.97 Fund balance as a percent of General Fund 16.52% From: Martha Machar, Finance Director City Leadership Team To: South Burlington City Council Jessie Baker, City Manager Subjects: FY23 Financial Report, Year End June 30, 2023 Date: September 15, 2023 Q4 and End of FY23 Summary Please find FY23 financial summary reports for the period ending June 30, 2023, attached in your packets. The full line-item report can be found in the Council box. Overall, FY23 revenues outperformed budget projections, coming in at 8.10% more than the budget. Expenses on the other hand are on target, at 99.69%. The huge increased in the revenue numbers is largely attributed to local option tax revenues, ambulance billing service, planning and zoning permit fees, interest earned income, and fire and electrical inspection fees that significantly out-performed conservative projections made back in December 2021. Department-specific financial narratives for the fourth quarter ending 6/30/2023 follow this memo. CITY MANAGER/ADMINISTRATION/HR/INSURANCE/FINANCE/IT Overall, the expenses were on target for these departments’ budgets. For the IT budget, the Computer Hardware is overspent. This is due to price increases across the board for IT hardware and also the different needs of City staff across all departments. FY23 health claims came in higher than projected. This is in large part driven by huge claims activities during the year and also the greater than expected hospital increases that were approved by the Green Mountain Care Board last year. In spite of the larger claims, our healthcare plan is running well. Utilization of the resources for employee wellbeing, including the health center is continuing to be better than the industry standard. DEPARTMENT: Facilities Overall Summary (provide a brief summary of how your department ended the quarter/year compared to budget projections): Facilities ended the year mostly in the red. This was due to aging infrastructures within the city. Items connected to supply chains, and material goods costs rose 10 to 25%. HVAC (Filters, mechanical units and cost were higher than that! Key Highlights (showcase any highlights on major projects/accomplishments your department has done during the quarter/year, particularly those included in the year’s budget presentation to Council): Facilities acting as the GC along with Lou Breese, DPW saved the city approximately 61K constructing the new replacement bathrooms at Dorset Park. Facilities also acted as GC when rebuilding the Hinesburg Road pumpstation and installation of a new 150 kW generator. Please look at the building the next time you drive by it. Special thanks to Katie Barritt, who repainted the outside damaged area, matching the building perfectly. Individual Budget lines - Revenues and Expenses (consider which surpluses and overages might “jump off the page” for a reader, please provide a brief narrative/explanation for each): Building Maintenance – overspent by $17 K due to aging infrastructure within the city (fire station 1, police station, DPW and 577 changes to the building caused by rental. Materials cost averaged 15% above projected. Window caulking and insulation in the records and BCI areas of Police Dept. HVAC – Overspent budget line by almost $30 K off cycle replacement and repairs to roof top units accounted for approximately 15 K of the overspend alone, and that was just at DPW. Replacement of a steam radiator at Wheeler house. Issues with 575/577 staying at comfortable temperatures. Increase in the cost of filters. Electricity - Overspent budget line by $25,000+ 180 Market Street City Hall didn’t generate enough solar to cover the projected difference (Down for 6+ weeks with reengineering/designing and reinstallation) of rooftop array by Sun Commons. Rate increase by GMP Facilities Cleaning Service – Overspent budget line by $21,750 due to increase of contracts by vendors (Inflation) and an increase in the cost of goods. In the “24” budget cycle we canceled contracts and hired our own inhouse. Gives us better cleaning, coverage, and quality control. DEPARTMENT: - CLERK’S OFFICE Overall Summary (provide a brief summary of how your department ended the quarter/year compared to budget projections): Revenues: Budgeted $383,100 and collected $272,041 Expenses: Budgeted $285,901 and expensed $313,174 Key Highlights (showcase any highlights on major projects/accomplishments your department has done during the quarter/year, particularly those included in the year’s budget presentation to Council): Vital Records: The significance of the change in accessibility to Vital Records at the State Level should be underscored. We are seeing multiple visitors a day from the DMV for birth certificates and processing between 30-100 copies of death certificates to support local funeral homes. The inviting atmosphere, close proximity and ease of accessibility is very appealing to all Chittenden County residents who are choosing to come to the South Burlington City Clerk’s Office over their own municipality. Staffing: The vacancy of the Deputy City Clerk created a short staffing scenario which was filled several times without long term success. This combined with a retiring Clerk has meant busy times in the Clerk’s Office. After Deb Woodwards departure, we were thrilled to promote Pam Correia to the Deputy Clerk position. Holly Rees came to join the City Clerks Office in May; shadowing Donna until her retirement. These changes created some additional expenses in the Salary line item. The position of Assistant City Clerk remains open. Individual Budget lines - Revenues and Expenses (consider which surpluses and overages might “jump off the page” for a reader, please provide a brief narrative/explanation for each): Revenue: Recording fees/photocopy fees: is way underbudget as the federal government raised interest rates 7 times during the fiscal year!! This stopped those people who would have refinanced, bought new homes or done home improvements. Photocopy-Vital Records is over budget as we have an increase in vital records copies due to DMV being down the street and sending people here as well as a 3rd funeral home has used us several times for their death certificates. Pet Licenses and Pet Control Fees and Beverage Licenses- are overbudget due to more people registering their pets. When we instituted the higher late fees was an attempt to get people to register their pets. Prior to that the late fees were so low that people were waiting until they got caught to register their pets. Expenses: General Expenses: is overbudget due to needing to go back and print off all the prior minutes to store in the vault. This is a project that was on hold last year due to the busy election cycle. This was done with the knowledge of Steve Locke as copying, heavier paper and folders needed to be purchased. Election Expenses- is underbudget as we were able to put some of the expense of the new voting district into last year’s budget. With the new district creation being so close to the beginning of the new fiscal year, we needed to preorder some election supplies to ensure that they would arrive in time for the August election. Travel & Training – is under budget due to the city clerk not attending a few conferences prior to her retirement. Photocopier lease – overbudget due to the buyout of the second copier needed in the clerk’s office. DEPARTMENT: PLANNING & ZONING Overall Summary (provide a brief summary of how your department ended the quarter/year compared to budget projections): Overall, the P&Z department was under projected expanses (principally due to a special project being pushed out, and also otherwise slightly under budget overall), and far exceeded (by nearly $200,000) projected revenues, due largely to zoning permits for several significant projects. As noted in prior year, revenues within any 12-month period can be variable year to year, even within an otherwise stable permitting & growth environment. A large project whose permits are submitted at the end of one fiscal year vs the start of another can have a significant effect on the general fund revenue line items. The effects of the pandemic, which delayed and then saw pent- up demand has influenced figures the past 3 years. The City’s partnerships in City Center have also seen significant development over the past handful of years, resulting in a much higher-than average annual new home construction compared with our historic trends. Key Highlights (showcase any highlights on major projects/accomplishments your department has done during the quarter/year, particularly those included in the year’s budget presentation to Council): On the permitting / development review side: FY ‘23 saw several large projects advance through to zoning permits and construction. This included two 47-home buildings at O’Brien Hillside by Summit Properties, a 120-home building on Garden Street (with associated child care and a café), 3 mixed use buildings on Market Street (lot B) that together include 161 homes and over 20,000 s.f. of non-residential space; conversion of the Ho Hum motel to 20 apartments, a Beta Hangar, and several other significant and smaller projects. Projects that advanced through the permitting process and began construction also included O’Brien Eastview neighborhood, to include 155 homes, parks, open space, and nearly 20 lots for future mixed use development; Market Street Lot N (south side of Market Street) to include 3 buildings of mixed uses; Cider Mill II neighborhood (known as Edgewood), and preliminary concepts for a master plan at Larkin Terrace along Shelburne Road. On the planning side, the City undertook preparation of the 2024 City Plan, the city’s municipal development plan, including meetings with all departments, committees, community outreach forums and polls, and preparation of the draft plan for adoption in 2023/24. The department also assisted the Planning Commission and City Council to advance zoning changes including the expansion of the Transfer of Development Rights program and adjustments to districts along Shelburne Road, and initiated several community planning programs. Individual Budget lines - Revenues and Expenses (consider which surpluses and overages might “jump off the page” for a reader, please provide a brief narrative/explanation for each): Expenses: Most lines are as anticipated. The City did not advance the “special project” budgeted, which is move to a digital permitting and development review work flow software. That project remains a high priority. Revenues: As noted above, zoning permit revenues far exceeded projections. The other major line, for development review, was slightly below budget. That line is for DRB & Administrative reviews of future projects. The figures there represent closer to our historic average, which we anticipate in the coming years to be reflected in a (closer to) average annual housing construction in the coming years, following our historically high figures of the land couple of years. DEPARTMENT: -_RECREATION AND PARKS Overall Summary (provide a brief summary of how your department ended the quarter/year compared to budget projections): Both Revenues and Expenses tracked well. Below is a snapshot of the overall breakdowns. Revenues: 88.54% Senior Programs; 65% Special Activities 93% Expenses: Tracking at 99.6% Administrative: 95.59% Programs: 75.7% Red Rocks:75.7% Facilities: 90% Senior Programs: 88.07% Special Activities: 97.57% Key Highlights (showcase any highlights on major projects/accomplishments your department has done during the quarter/year, particularly those included in the year’s budget presentation to Council): Programs: Youth Fall Soccer- 250 Agility-10 Track and Field-45 Tykes Track and Field-30 Youth Swim Lessons- 50 Youth Soccer Sparks-50 ( times 3 seasons)= 150 Basketball- 250 Spring Lacrosse- 200 Drivers Education- 3 seasons of 20 attendees each Summer Camp- 15 successful camps supporting 250 participants Adult Community Garden Plots- 30+ Open Gym Programs- combined average weekly attendance of 70 Community Chorus- 50 participants per season Summer Camp- 15 successful camps supporting 250 participants Seniors Weekly Wed and Friday meals – average attendance 35 Bone Builders 3 x per week- average attendance 20 Weekly Bingo- 30 Spring Brunch-60 Summer BBQ-60 Events: Over 20 Community Engagement Events Family Skate Nite Community Carving Halloween Spooktacular SB Nite Out (10) Valentine Dance Family Bingo Al Getler- Ventriloquist Illuminate Vermont Spark the Park Senior Holiday Meal Senior Lights Tour Kites in the Park Chalk the Walk Nite Hike (2) Weed Warrior (3) Green Up Day Tykes Turf Time Touch A Truck April Stools Day Music in the Park Projects: Vet Memorial Bathroom Rehabilitation completed Szymanki Pickleball Courts Completed Wheeler Dog Park Installed Veterans Memorial Pitching Mounds and Home Plates rehabbed Skinned Jaycee Softball Field Other: Senior Center Rentals are Booming: Weekly Thursday Morning SB Rotary Rental Weekly Jazzercise Rentals Baby Showers (2) Home Owners Association Graduation Parties Funerals Individual Budget lines - Revenues and Expenses (consider which surpluses and overages might “jump off the page” for a reader, please provide a brief narrative/explanation for each): Revenues: Senior Programs: Senior Programs:14%- Most of the programming the Senior Center does is free although there are nominal supply costs for some programming. Donations: 3.75% There is a specialty fund to support the collection of donations to the Senior Center. This line item has been eliminated in the next budget. Room Rentals: 148%- As referenced above, this reflects the high desire of the community to utilize the Senior Center space for varied gatherings. Special Activities: Youth Programs-128%- GREAT NEWS! Adult Evening Classes - 20% Minimal revenues due to limited indoor space. Ski and Ride- 0% The School District runs this program. No expense or revenue. Expenses: Administrative: Overtime: 152%- Due to heavy workflow of seasonal holiday programs and staff shortage Scholarships: 5% - Scholarships were provided by discounting program revenues as needed Printing: 0% We are no longer doing a hard copy brochure; this is a savings. Programs: School Usage: 0% - There is no longer a flat fee for school use. This has changed to $25/hour for evening and weekend gym time from program expenses. Red Rocks: Supplies: 3%- No swim line or buoy replacements needed this year Clothing: 0%- Returning staff- no new clothing needed Facilities: Vehicles Maintenance: 198%- Due to aging vehicles that require heavy service. Facility Improvements: 14%- There wasn’t staff to support some of the facility project improvements that we traditionally complete. DPW remains down a Parks Maintenance Staff. Senior Programs: Supplies: 222%- Given the success of the Senior Center, there have been more supplies needed than planned for. We will prepared for this continued growth in future budgets. Marketing: 37%- Hoping to coordinate with the new Communication Director for the City to fully spend this line item in the future to support broader marketing of the Senior Center. Special Activities: Swim Lessons- 341%- This equals the revenues on the other side of the balance sheet. Great news that so many residents are learning the essential safety skills of swimming. Special Events: 152%- Expensed more than planned to ensure a full menu of year round community engagement opportunities. Adult Programs: 18% -Limited space to run programs reflects limited expenses. Ski Programs:0% -School District runs this program. No expense or revenue. DEPARTMENT: - LIBRARY Overall Summary (provide a brief summary of how your department ended the quarter/year compared to budget projections): The second year in the new building happily brought in more people, reflecting the diversity of our population and that of the area. Staff were busy assisting the public at all three public service desks; constant use has been a goal since moving in. Ideal minimum staffing was increased to 4 people given the size of the space and the unexpected interactions that sometimes occur and require staff support. The Library budget was on target as a whole, only 3% unencumbered, most of which was due to staff vacancies. Key Highlights (showcase any highlights on major projects/accomplishments your department has done during the quarter/year, particularly those included in the year’s budget presentation to Council): Use of the Library was up substantially, including meeting room and auditorium usage totaling almost 1500 reservations, circulation up by 23%, computer use up by 85%, door count up by 32% and program attendance also up by 32%. Use of the self-checkout machines was promoted and increased. Storytimes were bringing in up to 60 people despite adding a 2nd session. Total library card holders as of July was 10, 295, up by 16%. 5% of those are non- residents which is also reflected in revenue. IT found a consultant to use for certain programs and training which enhances the use of The Studio and the Auditorim. Revenue for all rooms was up. Support for online and print subscriptions allowed us to add Mango, a language learning program. Individual Budget lines - Revenues and Expenses (consider which surpluses and overages might “jump off the page” for a reader, please provide a brief narrative/explanation for each): Library Collections balanced each other out as we saw in the fourth quarter that we had outstanding orders for adult books so we spent less on other materials. Program supplies for summer were offset in part by the Community Programs line. We had hoped to get a donation from the Friends for the supplies which didn’t arrive in time, leading to overspending there. Online and Print subscriptions will continue to be a line that grows to accommodate digital resources like Mango Languages, Consumer Reports, and our share of the statewide curated databases. Computer program fees also continued to rise as we purchased services with annual contracts. Children’s DVDs/CDs funds will in future go towards Libby for ebooks and eaudio books. This year it offset other overages. Postage relates to general mail, inter-library loan to libraries that can’t get courier services, lost item notices. More libraries were able to join the courier and postage was down. Computer software offset computer hardware ad computer program fees. Photocopier and printer fees went through the roof as more people used those services than in our first year here. Revenue also went up from public use. Popularity of summer reading increased staff printing for that program. As noted above, room reservations were up and many people rented the Auditorium. Others used library rooms for more than the free two hours. DEPARTMENT: - FIRE DEPARTMENT Overall Summary (provide a brief summary of how your department ended the quarter/year compared to budget projections): The Fire Department ended the fiscal year with revenues exceeding expenditures by approximately $700,000. The revenues for FY23 were very robust, which allowed the department to catch up on some long outstanding projects. Key Highlights (showcase any highlights on major projects/accomplishments your department has done during the quarter/year, particularly those included in the year’s budget presentation to Council): The Department had several accomplishments in FY23 including filling all vacant positions, adding a Deputy Chief, ordering a new ambulance and engine, replacing two administrative vehicles, several updates to the station and the development of a strategic plan. Overtime to maintain minimum staffing during FY23 totaled 9,106 hours compared to 5,771 hours in FY22. Emergency call volume for the fiscal year was 8% higher than the previous fiscal year. Individual Budget lines - Revenues and Expenses (consider which surpluses and overages might “jump off the page” for a reader, please provide a brief narrative/explanation for each): Revenues Revenues for both prevention/permit applications and ambulance transports exceeded our budget projections. Ambulance revenues are strong due to increased call volume, an adjustment in rates earlier this fiscal year and a solid billing agent. Prevention revenues are high due to several permit applications being received for building located in city center, Beta and O’Brien Farms. Expenses Overtime & Training Overtime – these accounts are over due to several vacancies and the need to maintain minimum staffing. The training overtime overage is primarily due to recruit training and staff involvement in the strategic planning process. Vehicle Repair – It has been challenging to keep our aging fleet in service. Several repairs required the outsourcing of the repairs. Firefighter Clothing – A miscommunication between the previous administration and a now retired captain resulted in more personal protective clothing (PPE) being ordered than was budgeted. While unfortunate, the PPE was needed as much of it was at end of life. Given the strong revenues, this will not be a problem to manage. Firefighting Equipment – While this appears to be an overage; it is not. Council approved approximately $60,000 in additional purchases with carryover funds. These expenses are being charged to this line item. Diesel Fuel & Gasoline – Primarily a product of increased cost per gallon. Uniforms – Replaced most uniform components as we implemented a new policy requiring consistency amongst the staff. One time cost to implement. DEPARTMENT: - POLICE DEPARTMENT Overall Summary (provide a brief summary of how your department ended the quarter/year compared to budget projections): The department ended the year under budget which can be largely attributed to staff attrition and vacant positions. The revenues for the department were also under projections with two outliers; sale of cruisers and police impact fees had abnormal increases this fiscal year. Key Highlights (showcase any highlights on major projects/accomplishments your department has done during the quarter/year, particularly those included in the year’s budget presentation to Council): The department fully implemented the proposed body worn camera program with integrated cruiser camera technology. This capacity has been extremely valuable from several perspectives; transparency with the community, evidence capture, opportunities to learn from reviewing video, and digital evidence management. The department deployed two hybrid police cruisers and we look forward to examining the fuel consumption data from Lou Bresee. The proposed dispatch console project evolved into a full dispatch retrofit project. This project will be carried out in FY 24 with the Council approved budget surplus allocation. Individual Budget lines - Revenues and Expenses (consider which surpluses and overages might “jump off the page” for a reader, please provide a brief narrative/explanation for each): Overtime – As stated in previous budget narratives, the patrol division has been on 12 hour shifts which has those employees working a mandatory four-hours of overtime each pay period. This schedule also demands officers to satisfy their annual training hours off shift and on overtime. Towing – The department has investigated an unprecedented number of stolen car incidents. These stolen vehicles have largely been used in the commission of other crimes in the area prior to their recovery. As part of the investigative process these cars are towed o police headquarters for forensic processing and search. Building Repairs – Overage here is attributed to the upfit of the vacant space at 19 Gregory Drive in preparation for a new tenant. Vehicle Repair – Staff analysis has found a 20% increase in the cost of parts FY 22 to FY 23 in addition to unplanned expenses related to collision damage, e.g. insurance deductible payments. Recruiting & Testing – The department had to undertake the onerous task of filling police officer vacancies. In all, the department hired eight police officers in FY 23 and suspended or discontinued the hiring process for six other candidates. This process requires a polygraph examination which represents nearly $4,000 of the $6,501.50 spent. Vehicles & Equipment – The department was authorized to replace a police cruiser lost in a collision. It’s notable, the collision involved a suspect in a stolen car intentionally ramming a police cruiser while fleeing the scene of a detention. DEPARTMENT: - PUBLIC WORKS - HIGHWAY Overall Summary (provide a brief summary of how your department ended the quarter/year compared to budget projections): Highway division expenses for FY23 are generally in line with projections. The overall budget is represented as having spent $3,420,641.57 or 102.2% of the approved budget. However, that figure is impacted by the fact that the Highway Paving line item was overspent using funds rolled over from FY22 and a State Highway grant. Highway division revenue was $1,394,855.38, which is 103.1% of the budgeted value. Key Highlights (showcase any highlights on major projects/accomplishments your department has done during the quarter/year, particularly those included in the year’s budget presentation to Council): Winter weather operations went smoothly. We experienced no major equipment failures. The price of wear items like plow cutting edges, parts and tires remains extremely high compared to previous years. We added a 2023 Ford F600 plow truck with wing and salter to our fleet. It arrived so late in the winter and the shortage of staff did not allow it to be put into service this year. We also replaced the Engineering Technician’s 2013 F150 with a 2023 F150. The Dorset Street Signals project is underway. Construction began in the 4th quarter of FY23 and will extend through the second quarter of FY24. The majority of project expenses will be incurred in FY24 due to construction sequencing (i.e. the most expensive equipment will be installed towards the end of the construction period). Individual Budget lines - Revenues and Expenses (consider which surpluses and overages might “jump off the page” for a reader, please provide a brief narrative/explanation for each): The salt line item is slightly over budget due to the nature of storms this winter and the increase in salt prices from previous years. Oil, diesel, gas and utilities are all over budget due to increased prices. All hard goods purchased increased in price. The highway paving line item appears to be overspent, but that is because funds were rolled over from FY22 and we received a grant to cover an increase in spending. The Bike/Ped maintenance line item is over budget. The cost to repair a section of path from Cedar Glen to Szymanski Park exceeded the line item, but was completed at a reduced cost due to our ability to pair it with other work and eliminate mobilization / demobilization costs that are typically part of a construction contract. The road striping line item is underspent because the contractor retained did not complete the work they were contracted for in FY23. This work will get completed in FY24.. In FY23, the highway division purchased an electric walk behind line striper to replace an older gas-powered unit. This unit does not enable us to paint “long lines” (e.g. double yellow or fog lines), but allows us to complete smaller painting projects like stop bars and crosswalks. The diesel and gasoline line items are overspent due to an increase in fuel costs since the budget was prepared and approved. See Click Fix line item is a misnomer and actually represents the annual cost of Asset Essentials Work order software. The label and the actual software costs have been corrected in the FY24 budget. Residents can report issues with infrastructure using a form on the DPW web site. DEPARTMENT: - PUBLIC WORKS – WATER QUALITY Overall Summary (provide a brief summary of how your department ended the quarter/year compared to budget projections): Overall, the Wastewater Enterprise Fund was net positive by $125,493 in FY23. Wastewater Enterprise Fund FY23 expenses came in at $5,723,948, which is above the budgeted amount of $5,074,577. There were two events (and offsetting revenue) that contributed to the budget overage at 112.8%. A vehicle collided with the Hinesburg Road pumpstation. Repairs were paid for by the driver’s insurance and cost ~$117,000. In addition, a power surge at the Bartlett Bay wastewater treatment facility damaged equipment that was covered by insurance. This accounted for another ~$60,000. Wastewater Enterprise Fund FY23 revenues finished the year at $5,849,441. This is above the project value of $5,072,732 by 115.3%. Additional revenue came from connection and allocation fees charged to new development. Key Highlights (showcase any highlights on major projects/accomplishments your department has done during the quarter/year, particularly those included in the year’s budget presentation to Council): A bond vote for the 25-year reconditioning of the Bartlet Bay Wastewater Treatment Facility, four pumpstations, and the addition of improved solids handling at the Airport Parkway Facility for $34 million was approved by voters on Town Meeting Day 2023. A Federal/State grant for an industrial user survey was prepared by Water Quality staff and received $199,000 in funding. Completion of this survey is a new requirement under the Federal operating permits. Work will begin in FY24. A Federal/State grant for security improvements at both of the City’s wastewater treatment facilities and our two largest pump stations was prepared by Water Quality staff and funded for $66,000. The project has received initial approval and a final grant agreement is pending. Council approved a $300,000 transfer of reserves to repair the damaged and out of service Airport Parkway Facility influent barscreen and grit chamber. Work was completed by PC Construction, which included bypass pumping. Both have been returned to full operation. The Hinesburg pumpstation (built in 1965) is the largest pumpstation in the system pumping approximately 1,000,0000 gallons per day. New pumps were installed in FY21 and FY22 under a factory demonstration project that included one of the three pumps being free and the other two at reduced cost. After a private vehicle crashed into the building in FY23 all new electrical panels, electronics and controls, water service, a new larger generator (installed outside the building) and transfer switch were all installed. This work was paid for by the vehicle’s insurance carrier. The decorative painting that was damaged in the crash was repaired by South Burlington volunteers who have painted several Water Quality buildings, control panels, etc. A rebuild of the disabled microturbine was completed under the factory maintenance contract and the unit was put back into service producing electricity from methane generated in the digester at our Airport Parkway facility. The majority of the Spear Street pump station was rebuilt. The controls were completely replaced including a new control panel, VFDs, and all electronics. During a routine inspection, Water Quality staff observed that Potash Brook had eroded / shifted and exposed the nearby forcemain that brings wastewater from the Queen City neighborhood to the gravity system on Fayette Road. The forcemain was visible underwater in the stream, but undamaged. A new forcemain was installed out of the stream and there was no discharge of wastewater to the stream. The streambank was armored to prevent future shifting towards wastewater infrastructure. A new tanker truck was purchased and put into service. The old tanker had repeated mechanical issues, which was causing significant unanticipated expenses when we had to hire a private hauler. The Vermont National pumpstation received new valves and a used pump from the Hinesburg pumpstation. The Timberlane pumpstation had a generator fire. The generator was reconditioned and a new fuel pump was also installed. The City had no permit violations in FY23 despite some significant events and rainfall. Individual Budget lines - Revenues and Expenses (consider which surpluses and overages might “jump off the page” for a reader, please provide a brief narrative/explanation for each): Pumping Station/Supplies: 786% of budget. Numerous unanticipated expenses fell within this line item including: the Queen City Park neighborhood forcemain relocation, repair of a separate forcemain break that occurred in Queen City Park at the south end of Central Avenue, and repair of the Hinesburg Road pumpstation after it was struck by a vehicle. $25,000 budgeted/$196,574 expended. Chemical costs increased dramatically in FY23 causing overages in related line items. Costs have stabilized for FY24. Polymer: 159% of budget. Polymer costs increased in FY 23 from $1.95 a pound to $2.32 a pound. $100,000 budgeted / $159,556 expended. Alum: 151% of budget. Alum costs increased from $381 to $567 / dry ton at Airport Parkway, and from $2.62 to $3.79 a gallon at the Bartlett Bay facility (two different chemicals). $180,000 budgeted / $271,044 expended. Caustic: 170% of budget. Caustic costs increased from $2.73 to $4.77 per gallon. $120,000 budgeted / $204,131 expended. Generator Preventive Maintenance: 260% of budget. A fire at the Timberlane pumpstation generator caused this line item to go over budget. $10,000 budgeted / $26,042 expended. Increased fuel prices in FY23 caused overages totaling $33,939 across several line items: Gas: 196% of budget. Fuel – Airport Parkway: 136% of budget. Fuel – Bartlett Bay: 113.9% of budget Safety: 650% of budget. Failure of the gas detection controls system at the Airport Parkway Facility Anaerobic generators had to be repaired. $5,000 budgeted / $32,487 expended. Replacement Vehicles: 139% of budget. Purchase of new tanker truck two fiscal years early due to failure and repair of the old truck. $220,000 budgeted / $306,094 expended. Continued expansion of the South Burlington housing stock was the main driver for increased revenues. Connection fees finished the year at 230% of the budgeted amount. $500,000 budgeted / $1,147,457 received. DEPARTMENT: - PUBLIC WORKS – DRINKING WATER Overall Summary (provide a brief summary of how your department ended the quarter/year compared to budget projections): The Water Department’s FY23 expenditures came in at $3,316,058.54, which is ~8.51% over the budgeted value of $3,056,039.00. Final revenues came in at $3,300,245.53, which is ~7.99% over the approved budget value of $3,056,039.00. Expenditures were $15,815.06 over revenues. Key Highlights (showcase any highlights on major projects/accomplishments your department has done during the quarter/year, particularly those included in the year’s budget presentation to Council): Completed upgrade of the City’s large water meters. Meters larger than 1-1/2” were replaced if they were older than a predetermined age. They were upgraded to the new radio read system. This ensures reading reliability and better accuracy. These meters make up a small portion of users, but account for a large portion of water sales. Replaced or installed approximately 20 new main line gate valves and 5 fire hydrants in the city. The Water Department dealt with several large water leaks at the end of the fiscal year, most of which were related to aging infrastructure and soil conditions. The Water Department continues to review plans as they come in to ensure water infrastructure is constructed to defined specifications and expectations to garner the longest life expectancy possible for the City’s water customers. Projects included the Holiday Inn redevelopment, O’Brien Farms, BETA, and numerous single commercial and residential building projects. Individual Budget lines - Revenues and Expenses (consider which surpluses and overages might “jump off the page” for a reader, please provide a brief narrative/explanation for each): Water sales ended 2.04% lower than the budgeted amount. Water sales are subject to fluctuations in user patterns (ex. COVID activities) and the weather. Water sales also account for approximately 85% of the annual operating budget. Connection fee revenue was up due to new development and increased connection fees. Much of the connection fee revenue is deposited into capital reserves. The Contractors line item was over budget by 42.71% due to the water main breaks that occurred during the month of June, and valve replacements completed prior to street paving. Distribution Materials were over budget by 6.48% due to cost increases attributable to supply chain, raw material cost increases, and unexpected material needs due to valve replacement and main break repairs. DEPARTMENT: - PUBLIC WORKS – STORMWATER Overall Summary (provide a brief summary of how your department ended the quarter/year compared to budget projections): The stormwater services division ended FY23 having spent $3,290,903.61 or 74.5% of the total $4,420,196.57 FY23 budget. The primary reason that expenditures came in below projections is due to capital projects. It was anticipated that up to nine projects could break ground in FY23, but only three projects incurred construction costs in this fiscal year. This was due to minor delays in the final design and permitting process, as well as some projects still in search of opportunities for grant funding. Stormwater revenue is at 79.5% or $3,506,060.94 received at the end of the 4th quarter of FY23. The FY23 budget assumed a large transfer in from capital reserves to cover capital project costs that were not spent in FY22. This transfer was not necessary since some capital projects were delayed, and the total revenue collected was slightly more than the total expenditures. Key Highlights (showcase any highlights on major projects/accomplishments your department has done during the quarter/year, particularly those included in the year’s budget presentation to Council): Construction of the Kennedy Drive Pond 2 project was awarded to Dirt Tech. Ground broke in FY23, with estimated construction completion in October 2023. Upon construction completion, a final reimbursement request to Vtrans will be made. The City received a grant of $253,616.00 for this project. Two new employees started in the stormwater division and are now managing 17 of the City’s stormwater projects. The City finished construction of the Burlington Country Club Gravel Wetland and Lindenwood Stormwater project this in the fourth quarter of FY23. Final grant reimbursement requests were made, with reimbursements received in the fourth quarter of FY23. Individual Budget lines - Revenues and Expenses (consider which surpluses and overages might “jump off the page” for a reader, please provide a brief narrative/explanation for each): The stormwater system maintenance line item is overspent by $58,396.04. This is due to the repair of stormwater infrastructure related to multiple sinkholes. One large sinkhole off of Clover Street required extensive repair. The diesel fuel line item was 225% spent. This is due to the fact that the price of diesel fuel increased from the time the budget was developed/approved. The vehicle maintenance line item is overspent by $16,330.30. This is due to unanticipated spending on replacement parts for stormwater vehicles including: sweeper brooms, mower repair, parts for the vactor truck, and parts for a segmented plow that reduces the amount of salt necessary to maintain safe driving conditions. Salaries ended the year at ~85% spent. This is due to vacancies within the department for a portion of the fiscal year. The Vehicles/Equipment line item is underspent by $326,285.62. A street sweeper that was scheduled for purchase is on backorder. This purchase will instead occur FY24. Stormwater Capital projects has finished the year under budget by $899,893.48, as multiple projects did not get to construction due to minor delays in the final design and permitting processes. Office supplies, office furniture/equipment, uniforms and supplies, small equipment/tools, and membership/dues all finished the year over budget. This is due to hiring several new staff to the stormwater division within this fiscal year. GIS-Fees/Software finished the year over spent by $25,370.12 due to the need for consultant assistance to maintain the City’s GIS data and processes. The City did not have a GIS technician position in this fiscal year, and existing staff were only partially able to fill the gap in GIS need. The Legal Services line item was under spent by $19,565.87. Note that additional legal services were incurred but were paid for under the Capital Projects line item as they related directly to capital projects in progress. Revenue from Payments from Other Towns was only ~20% spent. This was due to South Burlington staff providing fewer stormwater services than anticipated to Shelburne in FY23. The $99,752.54 extra intergovernmental revenue collected can be attributed to grant reimbursements that were budgeted for FY22 being received in FY23. Revenue from the Reserve Transfer In line item ended the year at 0% received. This was because, due to the minor delays in capital improvement projects, the revenue received from the other line items was slightly more than the expenditures, meaning a transfer from the reserve was not necessary. DEPARTMENT: - PUBLIC WORKS – PENNY FOR PATHS Overall Summary (provide a brief summary of how your department ended the quarter/year compared to budget projections): Penny for Paths ended FY23 having spent $181,918.41 ($52,774.56 occurred in Q4), which was well under the $384,000 allocated for FY23. This is primarily due to construction phase costs for the Williston Road Pedestrian Crossing being incurred during FY24 instead of FY23. Key Highlights (showcase any highlights on major projects/accomplishments your department has done during the quarter/year, particularly those included in the year’s budget presentation to Council): Construction of the Williston Road Pedestrian Crosswalks project was awarded to Don Weston Excavating. Construction will be complete by the end of October 2024. Upon construction completion, a reimbursement request to VTrans for the awarded grant total of $110,000 will be submitted. This grant will cover roughly 30% of construction costs. Individual Budget lines - Revenues and Expenses (consider which surpluses and overages might “jump off the page” for a reader, please provide a brief narrative/explanation for each): The largest expense in the fourth quarter of FY23 was $24,604.50 paid to Hoyle Tanner & Associates to complete the conceptual design and estimate of the Spear Street Shared Use Path project. This project is progressing with a slightly higher budget than originally anticipated due to changes from the original layout from the scoping study. The second largest expense in the fourth quarter of FY23 was $10,300 for the purchase of two Rectangular Rapid Flashing Beacons (RRFBs) to be installed at a new crosswalk across Patchen Road at Jaycee Park. This work is planned for in the CIP and will be completed by the highway division in the second quarter of FY24. As the Williston Road Pedestrian Crosswalks project moves through construction, the invoices received will be larger to pay for contractor services and materials. DEPARTMENT: -PUBLIC WORKS – OPEN SPACE FUND Overall Summary (provide a brief summary of how your department ended the quarter/year compared to budget projections): The Open Space Fund ended FY23 having spent $33,767.31 ($13,429.88 occurred in Q4), which was well under the $310,000 allocated for the fiscal year in the FY23 CIP. The Wheeler Nature Park did not undergo the anticipated construction which was budgeted for $200,000 of CIP funds. Additionally, the Red Rocks improvements will occur in FY24 (permitting was completed in Q4), rather than FY23. Key Highlights (showcase any highlights on major projects/accomplishments your department has done during the quarter/year, particularly those included in the year’s budget presentation to Council): The Hubbard Recreation and Natural Area underwent an extended public outreach process during Q4 and has been adjusted based on City Council direction. It has now been scaled down significantly and will be constructed for less than the anticipated $325,000 (pending updated estimate) which will be spent in FY24. Based on these adjustments, the consultant team has been reconfigured to now involve only one primary consultant for design which simplifies the project and funds management. Individual Budget lines - Revenues and Expenses (consider which surpluses and overages might “jump off the page” for a reader, please provide a brief narrative/explanation for each): As mentioned above, the most notable piece of the Open Space Fund’s FY23 expenses is that they are much lower than planned. This occurred for the reasons outlined above. Projects have surpassed multiple hurdles and are expected to return to a higher level of progress in FY24. City of South Burlington General Ledger Revenue Report - GENERAL FUND Previous Year Period 12 June Estimated Received % Budget Uncollected Account Revenue To Date Received Balance TAX REVENUE TAX REVENUE 18,202,812.57$ (18,261,082.40)$ 100.32%(58,269.83)$ LOCAL OPTION TAXES 4,033,388.90$ (4,940,340.11)$ 122.49%(906,951.21)$ Total TAX REVENUE 22,236,201.47$ (23,201,422.51)$ 104.34%(965,221.04)$ INTEREST/PENALTY ON TAX 379,000.00$ (371,282.66)$ 97.96%7,717.34$ Other Health Services 247,346.40$ (181,845.02)$ 73.52%65,501.38$ CITY MANAGER 1,463,078.08$ (1,736,190.86)$ 118.67%(273,112.78)$ CITY CLERK 383,100.00$ (272,041.55)$ 71.01%111,058.45$ PLANNING 383,100.00$ (576,978.41)$ 150.61%(193,878.41)$ FIRE DEPARTMENT 489,000.00$ (1,185,733.73)$ 242.48%(696,733.73)$ ELECTRICAL INSPECTION 65,000.00$ (216,584.52)$ 333.21%(151,584.52)$ AMBULANCE 721,000.00$ (978,138.02)$ 135.66%(257,138.02)$ POLICE DEPARTMENT 517,997.24$ (440,054.32)$ 84.95%77,942.92$ HIGHWAY DEPARTMENT 1,394,855.38$ (1,438,605.87)$ 103.14%(43,750.49)$ Senior Programs 26,500.00$ (17,328.00)$ 65.39%9,172.00$ SPECIAL ACTIVITIES 145,000.00$ (134,511.58)$ 92.77%10,488.42$ PUBLIC LIBRARY 10,300.00$ (15,560.66)$ 151.07%(5,260.66)$ Total GENERAL FUND 28,461,478.57$ (30,766,277.71)$ 108.10%(2,304,799.14)$ City of South Burlington General Ledger Revenue Report - ENTERPRISE FUND/W.P.C. Previous Year Period 12 June Estimated Received % Budget Uncollected Account Revenue To Date Received Balance WATER POLLUTION CONTROL CHARGES FOR SERVICES W.P.C. User Fees 3,783,418.00$ (3,761,917.41)$ 99.43%21,500.59$ Sewer Septage Revenue 25,000.00$ -$ 0.00%25,000.00$ Connection Fees 500,000.00$ (1,147,457.40)$ 229.49%(647,457.40)$ Enviromental Impact -$ (17,490.00)$ 100.00%(17,490.00)$ Total CHARGES FOR SERVICES 4,308,418.00$ (4,926,864.81)$ 114.35%(618,446.81)$ BOND AND LOAN PROCEEDS Colchester A/P Pkwy Pm 742,310.00$ (742,310.00)$ 100.00%-$ GF Note Repay-Solar 12,004.68$ (12,005.00)$ 100.00%(0.32)$ Total BOND AND LOAN PROCEEDS 754,314.68$ (754,315.00)$ 100.00%(0.32)$ MISCELLANEOUS Miscellaneous Rev.-W.P 10,000.00$ (168,261.27)$ 682.61%(158,261.27)$ Total MISCELLANEOUS 10,000.00$ (168,261.27)$ 682.61%(158,261.27)$ Total ENTERPRISE FUND/W.P.C.5,072,732.68$ (5,849,441.08)$ 115.31%(776,708.40)$ City of South Burlington General Ledger Revenue Report - STORM WATER UTILITIES Previous Year Period 12 June Estimated Received % Budget Uncollected Account Revenue To Date Received Balance S/WATER UTILITIES REVENUE Intergovernmental Revenue 826,506.98$ (926,259.52)$ 112.07%(99,752.54)$ S/W User Fees - Water Bil 2,707,767.59$ (2,403,078.85)$ 88.75%304,688.74$ Pmts from other towns 40,000.00$ (7,929.95)$ 19.82%32,070.05$ Land Owner Payments 100,000.00$ (82,143.62)$ 82.14%17,856.38$ Stormwater Miscellaneous 30,000.00$ (13,000.00)$ 43.33%17,000.00$ Hadley Sewer Proj-Sewer f 73,000.00$ (73,649.00)$ 100.89%(649.00)$ Reserve Transfer In 635,778.00$ -$ 0.00%635,778.00$ Total S/WATER UTILITIES REVENUE 4,413,052.57$ (3,506,060.94)$ 79.45%906,991.63$ City of South Burlington General Ledger Expenditure Report - GENERAL FUND Previous Year Period 12 June % Budget Unencumbered Account Budget Expenditures Expended Balance GENERAL GOVERNMENT EXP. CITY COUNCIL 149,798.00$ 145,750.86$ 97.30%4,047.14$ ADMINISTRATIVE INSURANCE 6,032,914.38$ 6,431,718.99$ 106.61%(398,804.61)$ CITY MANAGER 472,491.78$ 369,297.28$ 78.16%103,194.50$ Wages & Benefits 223,348.87$ 227,571.17$ 101.89%(4,222.30)$ Total LEGAL/ACCOUNTING ACTUARY 348,960.87$ 316,337.59$ 90.65%32,623.28$ ADMINISTRATIVE SERVICES 990,075.74$ 999,046.67$ 100.91%(8,970.93)$ INFORMATION TECHNOLOGY 397,768.47$ 403,270.81$ 101.38%(5,502.34)$ CITY CLERK 285,901.23$ 313,173.91$ 109.54%(27,272.68)$ PHYSICAL PLANT 434,004.36$ 516,659.60$ 119.04%(82,655.24)$ ASSESSING/TAX/FINANCE 403,043.52$ 406,825.27$ 100.94%(3,781.75)$ PLANNING/DESIGN REVIEW 563,713.28$ 473,870.47$ 84.06%89,842.81$ TO CAPITAL/RESERVE FUNDS 808,200.00$ 808,200.00$ 100.00%-$ Total GENERAL GOVERNMENT EXP.10,886,871.63$ 11,184,151.45$ 102.73%(297,279.82)$ PUBLIC SAFETY FIRE DEPARTMENT 3,698,663.25$ 4,109,133.35$ 111.10%(410,470.10)$ AMBULANCE 522,650.00$ 222,956.57$ 42.66%299,693.43$ POLICE DEPARTMENT 5,760,136.24$ 5,182,741.68$ 89.98%577,394.56$ Total PUBLIC SAFETY 9,981,449.49$ 9,514,831.60$ 95.33%466,617.89$ STREETS & HIGHWAYS HIGHWAY DEPARTMENT 3,346,938.68$ 3,455,997.54$ 103.26%(109,058.86)$ Total STREETS & HIGHWAYS 3,346,938.68$ 3,455,997.54$ 103.26%(109,058.86)$ % Budget Unencumbered Account Budget Expenditures Expended Balance CULTURE AND RECREATION RECREATION ADMINISTRATIO 359,516.74$ 343,661.46$ 95.59%15,855.28$ PROGRAMS 50,000.00$ 37,846.70$ 75.69%12,153.30$ RED ROCKS PARK 14,924.80$ 11,301.20$ 75.72%3,623.60$ FACILITIES 139,150.00$ 125,277.11$ 90.03%13,872.89$ SENIOR PROGRAMS 33,311.57$ 28,005.72$ 84.07%5,305.85$ SPECIAL ACTIVITIES 101,500.00$ 99,035.34$ 97.57%2,464.66$ PUBLIC LIBRARY 866,629.70$ 840,346.65$ 96.97%26,283.05$ CAPITAL/PARK MAINTENANCE 399,642.54$ 449,498.68$ 112.48%(49,856.14)$ Total CULTURE AND RECREATION 1,964,675.35$ 1,934,972.86$ 98.49%29,702.49$ OTHER ENTITIES OTHER OPERATING ENTITIES 791,250.11$ 803,918.00$ 101.60%(12,667.89)$ Total OTHER ENTITIES 791,250.11$ 803,918.00$ 101.60%(12,667.89)$ CURRENT PRINCIPAL BONDS 1,211,203.30$ 1,211,244.59$ 100.00%(41.29)$ CURRENT INTEREST BONDS 279,090.00$ 269,217.96$ 96.46%9,872.04$ Total GENERAL FUND 28,461,478.56$ 28,374,334.00$ 99.69%87,144.56$ City of South Burlington General Ledger Expenditure Report - ENTERPRISE FUND/W.P.C. Previous Year Period 12 June % Budget Unencumbered Account Budget Expenditures Expended Balance W/POLLUTION CONTROL EXPS. Salaries-Permanent 672,300.45$ 711,938.32$ 105.90%(39,637.87)$ Payment to Highway-wages 250,000.00$ 250,000.00$ 100.00%-$ Leave Time Turn-In 7,000.00$ -$ 0.00%7,000.00$ Salaries-Overtime 50,000.00$ 77,466.20$ 154.93%(27,466.20)$ Payment to Sick Bank Fund 6,677.02$ 6,677.02$ 100.00%-$ Payroll Service 1,796.41$ 1,796.41$ 100.00%-$ PAFO Certification 29,065.71$ 11,350.98$ 39.05%17,714.73$ Sick Bank Payouts 10,000.00$ -$ 0.00%10,000.00$ Fringe Benefits 4,135.00$ 600.00$ 14.51%3,535.00$ FICA/Medicare 58,780.01$ 62,312.65$ 106.01%(3,532.64)$ Payment to Highway-FICA/M 33,420.18$ 33,420.18$ 100.00%-$ Vision Plan 2,829.21$ 701.45$ 24.79%2,127.76$ Disability Insurance 2,175.17$ 6,817.62$ 313.43%(4,642.45)$ Long Term Disability Insu 4,148.39$ -$ 0.00%4,148.39$ Group Health Insurance 196,366.10$ 133,948.30$ 68.21%62,417.80$ Group Life Insurance 2,829.21$ 941.03$ 33.26%1,888.18$ Group Dental Insurance 7,893.29$ 7,087.00$ 89.79%806.29$ Pension 85,733.42$ 88,883.13$ 103.67%(3,149.71)$ ICMA Match 29,065.71$ 23,303.55$ 80.18%5,762.16$ Pension Note Payment 39,075.00$ 39,075.00$ 100.00%-$ Office Supplies 2,000.00$ 2,179.84$ 108.99%(179.84)$ Plant Supplies 120,000.00$ 108,807.20$ 90.67%11,192.80$ Polymer 100,000.00$ 159,556.16$ 159.56%(59,556.16)$ Sewer Line Maint/Supplies 25,000.00$ 36,060.44$ 144.24%(11,060.44)$ Pumping Station Supplies 25,000.00$ 196,573.65$ 786.29%(171,573.65)$ Laboratory Supplies 13,000.00$ 14,298.91$ 109.99%(1,298.91)$ Caustic Soda and Lime 120,000.00$ 204,121.27$ 170.10%(84,121.27)$ Alum 180,000.00$ 276,141.30$ 153.41%(96,141.30)$ % Budget Unencumbered Account Budget Expenditures Expended Balance Water-Airport-B/B-Pump 1,600.00$ 2,575.88$ 160.99%(975.88)$ Generator Preventive Main 10,000.00$ 26,042.13$ 260.42%(16,042.13)$ Clothing Supplies 4,250.00$ 4,441.78$ 104.51%(191.78)$ Truck Parts 12,500.00$ 12,802.58$ 102.42%(302.58)$ Gas - Diesel Fuel - Oil 12,000.00$ 23,608.56$ 196.74%(11,608.56)$ Fuel - Airport Parkway 60,000.00$ 81,497.60$ 135.83%(21,497.60)$ Fuel - Bartlett Bay 6,000.00$ 6,832.14$ 113.87%(832.14)$ Telephone and Alarms 6,500.00$ 11,139.49$ 171.38%(4,639.49)$ Memberships/Dues 20,000.00$ 4,737.50$ 23.69%15,262.50$ Discharge Permits 15,000.00$ 13,650.00$ 91.00%1,350.00$ Workers Comp Insurance 22,127.75$ 25,264.78$ 114.18%(3,137.03)$ Property Insurance 70,040.34$ 65,938.48$ 94.14%4,101.86$ Unemployment Insurance 902.00$ -$ 0.00%902.00$ Safety 5,000.00$ 32,487.21$ 649.74%(27,487.21)$ Billing Payment to CWD 69,342.00$ 69,342.00$ 100.00%-$ Soil/Sludge Management 135,000.00$ 171,425.97$ 126.98%(36,425.97)$ Landfill Fees 1,000.00$ -$ 0.00%1,000.00$ HVAC Maintenance 35,000.00$ 44,613.11$ 127.47%(9,613.11)$ Auditing 4,246.55$ 4,246.55$ 100.00%-$ Engineering/Consulting 15,000.00$ 15,275.87$ 101.84%(275.87)$ Landfill Engineering 17,500.00$ 31,358.56$ 179.19%(13,858.56)$ Administrative Services 149,344.05$ 149,344.05$ 100.00%-$ Burlington Sewer Lines 5,000.00$ 1,890.61$ 37.81%3,109.39$ Travel & Training 6,000.00$ 4,164.07$ 69.40%1,835.93$ Utilities-Pumping Station 105,000.00$ 103,345.82$ 98.42%1,654.18$ Electric-Airport Parkway 200,000.00$ 231,431.04$ 115.72%(31,431.04)$ Electric-Bartlett Bay 145,000.00$ 157,821.25$ 108.84%(12,821.25)$ Replacement-Vehicles 220,000.00$ 306,093.84$ 139.13%(86,093.84)$ Building Improvements 2,500.00$ 1,492.38$ 59.70%1,007.62$ Pumps Replacements 50,000.00$ 52,138.16$ 104.28%(2,138.16)$ Pump Repairs 40,000.00$ 54,189.35$ 135.47%(14,189.35)$ PMT to SW for Hadley Loan 73,000.00$ 73,649.00$ 100.89%(649.00)$ % Budget Unencumbered Account Budget Expenditures Expended Balance Airport Pkwy Upgrade/Expn -$ 299,997.00$ 100.00%(299,997.00)$ Bartlett Bay Upgrades 400,000.00$ 73,254.75$ 18.31%326,745.25$ Hadley Sewer Project 111,786.54$ 111,786.54$ 100.00%-$ Loan for Airport Parkway 965,647.23$ 969,731.16$ 100.42%(4,083.93)$ Capital Improvements-CIP -$ 41,726.75$ 100.00%(41,726.75)$ Total W/POLLUTION CONTROL EXPS.5,074,576.74$ 5,733,393.57$ 112.98%(658,816.83)$ City of South Burlington General Ledger Expenditure Report - STORM WATER UTILITIES Previous Year Period 12 June % Budget Unencumbered Account Budget Expenditures Expended Balance S/WATER UTILITIES EXPS Salaries-Permanent 545,117.10$ 462,009.36$ 84.75%83,107.74$ Payment to Highway-Wages 78,215.00$ 78,215.00$ 100.00%-$ Salaries-Overtime 23,000.00$ 11,079.06$ 48.17%11,920.94$ Payment to Sick Bank Fund 5,392.16$ 5,392.16$ 100.00%-$ Payroll Service 1,347.31$ 1,347.31$ 100.00%-$ Fringe Benefits 7,238.00$ 300.00$ 4.14%6,938.00$ FICA/Medicare 43,460.96$ 38,185.48$ 87.86%5,275.48$ Vision Plan 582.94$ 461.61$ 79.19%121.33$ Disability Income Insuran 4,878.93$ 5,914.97$ 121.23%(1,036.04)$ Group Health Insurance 153,953.83$ 304,275.65$ 197.64%(150,321.82)$ Health Insurance FICA 2,080.03$ -$ 0.00%2,080.03$ Group Life Insurance 2,360.28$ 815.97$ 34.57%1,544.31$ Group Dental Insurance 5,930.59$ 5,323.36$ 89.76%607.23$ Pension 93,238.50$ 93,238.50$ 100.00%-$ ICMA Match 27,189.96$ 30,404.51$ 111.82%(3,214.55)$ Pension Note Payment 26,910.00$ 26,910.00$ 100.00%-$ Office Supplies 1,000.00$ 2,392.39$ 239.24%(1,392.39)$ Small Equipment/Tools 2,000.00$ 3,025.88$ 151.29%(1,025.88)$ Uniforms/Supplies 6,500.00$ 7,611.61$ 117.10%(1,111.61)$ Vehicle Parts -$ 679.98$ 100.00%(679.98)$ Gasoline 2,250.00$ 3,645.12$ 162.01%(1,395.12)$ Oil 250.00$ 289.56$ 115.82%(39.56)$ Diesel Fuel 4,500.00$ 10,131.26$ 225.14%(5,631.26)$ Permit Requirement-Educat 7,000.00$ 6,308.95$ 90.13%691.05$ Telephone 2,000.00$ 2,783.49$ 139.17%(783.49)$ Membership/Dues 300.00$ 661.00$ 220.33%(361.00)$ Discharge Permits Renewal 18,000.00$ 20,884.50$ 116.03%(2,884.50)$ Workers Comp Insurance 19,554.75$ 20,188.20$ 103.24%(633.45)$ % Budget Unencumbered Account Budget Expenditures Expended Balance Property Insurance 16,197.44$ 14,670.73$ 90.57%1,526.71$ Unemployment Insurance 902.00$ -$ 0.00%902.00$ GIS-Fees/Software 50,000.00$ 75,370.12$ 150.74%(25,370.12)$ Sediment & Depris Disposa 200.00$ -$ 0.00%200.00$ Water Quality Monitoring 15,000.00$ 23,770.01$ 158.47%(8,770.01)$ Building/Grounds Maint 200.00$ 149.99$ 75.00%50.01$ Vehicle Maintenance 5,000.00$ 21,330.30$ 426.61%(16,330.30)$ Storm System Maint Materi 55,000.00$ 113,396.04$ 206.17%(58,396.04)$ Printing 100.00$ -$ 0.00%100.00$ Legal Services 20,000.00$ 343.13$ 1.72%19,656.87$ To GF-Audit and Actuary 6,180.66$ 6,180.66$ 100.00%-$ Engineering-Watershed 40,000.00$ -$ 0.00%40,000.00$ Billing Payment CWD 69,342.00$ 69,342.00$ 100.00%-$ Office Equipment Maintena 2,500.00$ 2,128.43$ 85.14%371.57$ Equipment Rental 250.00$ -$ 0.00%250.00$ Administrative Services 102,103.95$ 102,103.95$ 100.00%-$ Conference/Training Expen 8,000.00$ 6,479.00$ 80.99%1,521.00$ S/W Bldg Utilities 3,250.00$ 4,305.72$ 132.48%(1,055.72)$ Stormwater Pumps Electric 300.00$ 271.19$ 90.40%28.81$ Vehicles/Equipment 421,000.00$ 94,714.38$ 22.50%326,285.62$ Stormwater Capital Projec 2,481,000.00$ 1,583,378.51$ 63.82%897,621.49$ Office Furniture/Equipmen 1,000.00$ 1,564.19$ 156.42%(564.19)$ Flow Restoration Plan Ana 5,000.00$ -$ 0.00%5,000.00$ Reim to Highway-Benefit 33,420.18$ 33,420.18$ 100.00%-$ Total S/WATER UTILITIES EXPS 4,420,196.57$ 3,295,393.41$ 74.55%1,124,803.16$ City of South Burlington General Ledger Revenue Report - GENERAL FUND Current Year Period 2 August Estimated Received % Budget Uncollected FY-23/24 MTD Account Revenue To Date Received Balance Pd 2 Aug TAX REVENUE TAX REVENUE 19,604,298.92$ (7,896,904.80)$ 40.28%11,707,394.12$ (7,896,904.80)$ LOCAL OPTION TAXES 4,850,000.00$ (448,891.47)$ 9.26%4,401,108.53$ -$ Total TAX REVENUE 24,454,298.92$ (8,345,796.27)$ 34.13%16,108,502.65$ (7,896,904.80)$ INTEREST/PENALTY ON TAX 423,500.00$ (92,525.10)$ 21.85%330,974.90$ (90,237.83)$ Other Health Services 267,346.40$ -$ 0.00%267,346.40$ -$ CITY MANAGER 1,842,326.56$ (224,072.87)$ 12.16%1,618,253.69$ (129,114.67)$ CITY CLERK 351,000.00$ (36,502.93)$ 10.40%314,497.07$ (10,805.00)$ PLANNING 561,100.00$ (54,423.10)$ 9.70%506,676.90$ (28,653.40)$ FIRE DEPARTMENT 799,000.00$ (443,414.55)$ 55.50%355,585.45$ (388,696.90)$ AMBULANCE 990,000.00$ (180,196.28)$ 18.20%809,803.72$ (114,511.64)$ POLICE DEPARTMENT 277,150.00$ (7,030.20)$ 2.54%270,119.80$ (1,810.50)$ HIGHWAY DEPARTMENT 1,014,896.45$ (233,147.31)$ 22.97%781,749.14$ (76,707.76)$ Senior Programs 26,650.00$ (2,644.00)$ 9.92%24,006.00$ (1,325.00)$ SPECIAL ACTIVITIES 125,000.00$ (34,929.00)$ 27.94%90,071.00$ (10,407.00)$ PUBLIC LIBRARY 8,050.00$ (2,868.57)$ 35.63%5,181.43$ (1,955.63)$ Total GENERAL FUND 31,140,318.33$ (9,657,550.18)$ 31.01%21,482,768.15$ (8,751,130.13)$ City of South Burlington General Ledger Revenue Report - ENTERPRISE FUND/W.P.C. Current Year Period 2 August Estimated Received % Budget Uncollected FY-23/24 MTD Account Revenue To Date Received Balance Pd 2 Aug WATER POLLUTION CONTROL CHARGES FOR SERVICES W.P.C. User Fees 4,113,150.00$ (631,976.63)$ 15.36%3,481,173.37$ (281,745.65)$ Sewer Septage Revenue 23,000.00$ -$ 0.00%23,000.00$ -$ Connection Fees 582,800.00$ (80,109.86)$ 13.75%502,690.14$ (27,231.92)$ Enviromental Impact -$ (753.00)$ 00.00%(753.00)$ (753.00)$ Total CHARGES FOR SERVICES 4,718,950.00$ (712,839.49)$ 15.11%4,006,110.51$ (309,730.57)$ BOND AND LOAN PROCEEDS Colchester A/P Pkwy Pm 742,310.00$ -$ 0.00%742,310.00$ -$ Total BOND AND LOAN PROCEEDS 742,310.00$ -$ 0.00%742,310.00$ -$ MISCELLANEOUS Miscellaneous Rev.-W.P 10,000.00$ (28,174.03)$ 81.74%(18,174.03)$ -$ Reserve Fund Transfer 502,824.79$ -$ 0.00%502,824.79$ -$ Total MISCELLANEOUS 512,824.79$ (28,174.03)$ 5.49%484,650.76$ -$ Total ENTERPRISE FUND/W.P.C.5,974,084.79$ (741,013.52)$ 12.40%5,233,071.27$ (309,730.57)$ City of South Burlington General Ledger Revenue Report - STORM WATER UTILITIES Current Year Period 2 August Estimated Received % Budget Uncollected FY-23/24 MTD Account Revenue To Date Received Balance Pd 2 Aug S/WATER UTILITIES REVENUE Intergovernmental Revenue 1,189,000.00$ (830.70)$ 0.07%1,188,169.30$ -$ S/W User Fees - Water Bil 2,779,678.00$ (426,034.64)$ 15.33%2,353,643.36$ (187,130.00)$ GIS Reimb From Other Fund 50,543.00$ -$ 0.00%50,543.00$ -$ Pmts from other towns 40,000.00$ (4,320.98)$ 10.80%35,679.02$ -$ Stormwater Miscellaneous 30,000.00$ -$ 0.00%30,000.00$ -$ Hadley Sewer Proj-Sewer f 73,000.00$ -$ 0.00%73,000.00$ -$ Reserve Transfer In 33,726.10$ -$ 0.00%33,726.10$ -$ Total S/WATER UTILITIES REVENUE 4,195,947.10$ (431,186.32)$ 10.28%3,764,760.78$ (187,130.00)$ City of South Burlington General Ledger Expenditure Report - GENERAL FUND Current Year Period 2 August % Budget Unencumbered FY-23/24 MTD Account Budget Expenditures Expended Balance Pd 2 Aug GENERAL GOVERNMENT EXP. CITY COUNCIL 63,750.00$ -$ 0.00%63,750.00$ -$ ADMINISTRATIVE INSURANCE 896,056.52$ 82,862.46$ 9.25%813,194.06$ 38,958.61$ GF INSURANCE 682,365.73$ 177,580.31$ 26.02%504,785.42$ -$ CITY MANAGER 523,229.45$ 39,829.18$ 7.61%483,400.27$ 20,420.61$ Wages & Benefits 304,615.31$ 36,481.69$ 11.98%268,133.62$ 19,222.02$ Total LEGAL/ACCOUNTING ACTUARY 366,115.31$ 37,128.32$ 10.14%328,986.99$ 19,868.65$ ADMINISTRATIVE SERVICES 1,242,115.17$ 93,022.43$ 7.49%1,149,092.74$ 46,542.77$ INFORMATION TECHNOLOGY 584,994.68$ 46,741.84$ 7.99%538,252.84$ 22,783.16$ CITY CLERK 464,169.43$ 97,725.41$ 21.05%366,444.02$ 61,417.28$ PHYSICAL PLANT 875,044.04$ 86,489.86$ 9.88%788,554.18$ 45,100.38$ ASSESSING/TAX/FINANCE 723,874.07$ 101,130.10$ 13.97%622,743.97$ 42,218.62$ PLANNING/DESIGN REVIEW 918,730.97$ 80,813.46$ 8.80%837,917.51$ 44,383.86$ TO CAPITAL/RESERVE FUNDS 933,200.00$ -$ 0.00%933,200.00$ -$ Total GENERAL GOVERNMENT EXP.8,273,645.37$ 843,323.37$ 10.19%7,430,322.00$ 341,693.94$ PUBLIC SAFETY FIRE DEPARTMENT 5,994,396.69$ 580,012.97$ 9.68%5,414,383.72$ 296,860.24$ POLICE DEPARTMENT 7,255,230.46$ 831,042.16$ 11.45%6,424,188.30$ 394,071.03$ Total PUBLIC SAFETY 13,249,627.15$ 1,411,055.13$ 10.65%11,838,572.02$ 690,127.33$ STREETS & HIGHWAYS HIGHWAY DEPARTMENT 4,575,586.04$ 907,406.48$ 19.83%3,668,179.56$ 750,884.76$ Total STREETS & HIGHWAYS 4,575,586.04$ 907,406.48$ 19.83%3,668,179.56$ 750,884.76$ % Budget Unencumbered FY-23/24 MTD Account Budget Expenditures Expended Balance Pd 2 Aug CULTURE AND RECREATION RECREATION ADMINISTRATIO 527,613.70$ 36,539.30$ 6.93%491,074.40$ 18,742.60$ PROGRAMS 146,000.00$ 23,134.33$ 15.85%122,865.67$ 520.24$ FACILITIES 175,056.25$ 8,896.14$ 5.08%166,160.11$ 7,301.38$ SENIOR PROGRAMS 38,500.00$ 2,504.54$ 6.51%35,995.46$ 147.03$ SPECIAL ACTIVITIES -$ 3,515.55$ 00.00%(3,515.55)$ 255.55$ PUBLIC LIBRARY 1,045,028.63$ 116,479.36$ 11.15%928,549.27$ 63,698.18$ CAPITAL/PARK MAINTENANCE 726,434.93$ 84,683.13$ 11.66%641,751.80$ 40,598.05$ Total CULTURE AND RECREATION 2,658,633.51$ 275,752.35$ 10.37%2,382,881.16$ 128,515.95$ OTHER ENTITIES OTHER OPERATING ENTITIES 937,809.97$ 374,154.18$ 39.90%563,655.79$ 197,184.68$ Total OTHER ENTITIES 937,809.97$ 374,154.18$ 39.90%563,655.79$ 197,184.68$ CURRENT PRINCIPAL BONDS 1,211,203.30$ -$ 0.00%1,211,203.30$ -$ CURRENT INTEREST BONDS 233,813.00$ -$ 0.00%233,813.00$ -$ Total GENERAL FUND 31,140,318.34$ 3,811,691.51$ 12.24%27,328,626.83$ 2,108,406.66$ City of South Burlington General Ledger Expenditure Report - ENTERPRISE FUND/W.P.C. Current Year Period 2 August % Budget Unencumbered FY-23/24 MTD Account Budget Expenditures Expended Balance Pd 2 Aug W/POLLUTION CONTROL EXPS. Salaries-Permanent 700,693.02$ 87,829.40$ 12.53%612,863.62$ 48,747.78$ Payment to Highway-wages 278,354.89$ -$ 0.00%278,354.89$ -$ Leave Time Turn-In 7,000.00$ -$ 0.00%7,000.00$ -$ Salaries-Overtime 75,000.00$ 14,913.83$ 19.89%60,086.17$ 8,626.41$ Payment to Sick Bank Fund 6,677.02$ -$ 0.00%6,677.02$ -$ Payroll Service 1,692.27$ -$ 0.00%1,692.27$ -$ PAFO Certification 9,000.00$ 1,535.44$ 17.06%7,464.56$ 877.78$ Sick Bank Payouts 10,000.00$ -$ 0.00%10,000.00$ -$ Fringe Benefits 9,300.69$ 300.00$ 3.23%9,000.69$ -$ FICA/Medicare 60,794.02$ 8,307.01$ 13.66%52,487.01$ 4,618.21$ Payment to Highway-FICA/M 33,289.64$ -$ 0.00%33,289.64$ -$ Vision Plan 779.69$ 113.22$ 14.52%666.47$ (6.26)$ Disability Insurance 2,139.12$ 226.00$ 10.57%1,913.12$ -$ Long Term Disability Insu 4,060.42$ 326.98$ 8.05%3,733.44$ -$ Group Health Insurance 131,970.16$ 13,148.34$ 9.96%118,821.82$ 3,062.37$ Group Life Insurance 2,782.32$ 76.00$ 2.73%2,706.32$ -$ Group Dental Insurance 7,409.53$ 646.88$ 8.73%6,762.65$ -$ Pension 94,710.61$ -$ 0.00%94,710.61$ -$ ICMA Match 30,067.64$ 3,007.87$ 10.00%27,059.77$ 1,730.04$ Pension Note Payment 39,075.00$ -$ 0.00%39,075.00$ -$ Office Supplies 2,100.00$ 171.30$ 8.16%1,928.70$ -$ Plant Supplies 125,000.00$ 960.27$ 0.77%124,039.73$ 185.74$ Polymer 120,000.00$ -$ 0.00%120,000.00$ -$ Sewer Line Maint/Supplies 27,000.00$ -$ 0.00%27,000.00$ -$ Pumping Station Supplies 18,000.00$ 1,340.00$ 7.44%16,660.00$ -$ Laboratory Supplies 14,500.00$ 1,148.60$ 7.92%13,351.40$ 341.96$ Caustic Soda and Lime 175,000.00$ 12,892.48$ 7.37%162,107.52$ 1,259.98$ Alum 280,000.00$ 38,829.34$ 13.87%241,170.66$ 12,920.50$ % Budget Unencumbered FY-23/24 MTD Account Budget Expenditures Expended Balance Pd 2 Aug Water-Airport-B/B-Pump 1,800.00$ -$ 0.00%1,800.00$ -$ Generator Preventive Main 10,000.00$ 306.00$ 3.06%9,694.00$ 306.00$ Clothing Supplies 4,250.00$ 233.94$ 5.50%4,016.06$ -$ Truck Parts 12,500.00$ 379.00$ 3.03%12,121.00$ 241.29$ Gas - Diesel Fuel - Oil 13,000.00$ 3,304.01$ 25.42%9,695.99$ 2,283.68$ Fuel - Airport Parkway 65,000.00$ 4,880.48$ 7.51%60,119.52$ -$ Fuel - Bartlett Bay 6,500.00$ 54.60$ 0.84%6,445.40$ -$ Telephone and Alarms 6,500.00$ 1,551.45$ 23.87%4,948.55$ 1,385.81$ Memberships/Dues 39,607.80$ 35,985.87$ 90.86%3,621.93$ 480.00$ Discharge Permits 15,000.00$ -$ 0.00%15,000.00$ -$ Workers Comp Insurance 18,729.67$ 4,867.08$ 25.99%13,862.59$ -$ Property Insurance 61,598.06$ 18,948.48$ 30.76%42,649.58$ -$ Unemployment Insurance 933.57$ -$ 0.00%933.57$ -$ Safety 5,500.00$ 3,512.30$ 63.86%1,987.70$ -$ Billing Payment to CWD 73,000.00$ -$ 0.00%73,000.00$ -$ Soil/Sludge Management 140,000.00$ 12,749.53$ 9.11%127,250.47$ 7,602.98$ Landfill Fees 1,000.00$ -$ 0.00%1,000.00$ -$ Building Improvements 7,500.00$ -$ 0.00%7,500.00$ -$ Pumps Replacements 55,000.00$ -$ 0.00%55,000.00$ -$ Pumps Replacements 43,000.00$ -$ 0.00%43,000.00$ -$ Marathon Health ctr cost 22,031.39$ -$ 0.00%22,031.39$ -$ HVAC Maintenance 38,000.00$ 4,765.00$ 12.54%33,235.00$ -$ Auditing 3,773.86$ -$ 0.00%3,773.86$ -$ Engineering/Consulting 18,000.00$ 516.00$ 2.87%17,484.00$ 516.00$ Landfill Engineering 17,500.00$ -$ 0.00%17,500.00$ -$ Payment to SW for GIS 12,635.00$ -$ 0.00%12,635.00$ -$ Administrative Services 145,281.42$ -$ 0.00%145,281.42$ -$ Burlington Sewer Lines 2,000.00$ -$ 0.00%2,000.00$ -$ Travel & Training 6,500.00$ -$ 0.00%6,500.00$ -$ Utilities-Pumping Station 105,000.00$ 7,330.63$ 6.98%97,669.37$ 7,235.45$ Utilities--L/Fill Station 900.00$ -$ 0.00%900.00$ -$ Electric-Airport Parkway 210,000.00$ -$ 0.00%210,000.00$ -$ % Budget Unencumbered FY-23/24 MTD Account Budget Expenditures Expended Balance Pd 2 Aug Electric-Bartlett Bay 150,000.00$ -$ 0.00%150,000.00$ -$ Replacement-Vehicles 290,000.00$ 15,134.12$ 5.22%274,865.88$ -$ PMT to SW for Hadley Loan 73,648.00$ -$ 0.00%73,648.00$ -$ Bartlett Bay Upgrades 600,000.00$ -$ 0.00%600,000.00$ -$ Capital Projects - CIP 350,000.00$ 904.36$ 0.26%349,095.64$ 904.36$ Loan for Hadley Sewer 112,000.00$ -$ 0.00%112,000.00$ -$ Loan for Airport Parkway 970,000.00$ -$ 0.00%970,000.00$ -$ Total W/POLLUTION CONTROL EXPS.5,974,084.81$ 301,195.81$ 5.04%5,672,889.00$ 103,320.08$ City of South Burlington General Ledger Expenditure Report - STORM WATER UTILITIES Current Year Period 2 August % Budget Unencumbered FY-23/24 MTD Account Budget Expenditures Expended Balance Pd 2 Aug S/WATER UTILITIES EXPS Salaries-Permanent 458,034.55$ 67,864.77$ 14.82%390,169.78$ 39,188.71$ Payment to Highway-Wages 78,215.00$ -$ 0.00%78,215.00$ -$ Salaries-Overtime 23,000.00$ 2,946.06$ 12.81%20,053.94$ 704.12$ Payment to Sick Bank Fund 5,900.62$ -$ 0.00%5,900.62$ -$ Payroll Service 1,480.75$ -$ 0.00%1,480.75$ -$ Fringe Benefits 6,387.00$ 300.00$ 4.70%6,087.00$ -$ FICA/Medicare 36,799.14$ 5,635.91$ 15.32%31,163.23$ 3,141.69$ Vision Plan 631.39$ 70.52$ 11.17%560.87$ (4.38)$ Disability Income Insuran 4,574.64$ 483.61$ 10.57%4,091.03$ -$ Group Health Insurance 113,897.30$ 10,737.32$ 9.43%103,159.98$ 2,337.32$ Health Insurance FICA 459.00$ -$ 0.00%459.00$ -$ Group Life Insurance 1,906.98$ 66.50$ 3.49%1,840.48$ -$ Group Dental Insurance 5,718.61$ 574.06$ 10.04%5,144.55$ -$ Pension 88,872.21$ -$ 0.00%88,872.21$ -$ ICMA Match 23,002.64$ 3,924.31$ 17.06%19,078.33$ 2,192.19$ Pension Note Payment 26,910.00$ -$ 0.00%26,910.00$ -$ Office Supplies 1,500.00$ 500.96$ 33.40%999.04$ 39.67$ Small Equipment/Tools 3,000.00$ 1,240.54$ 41.35%1,759.46$ 736.31$ Uniforms/Supplies 6,500.00$ 1,180.34$ 18.16%5,319.66$ 267.46$ Gasoline 2,500.00$ 179.06$ 7.16%2,320.94$ 179.06$ Oil 275.00$ 53.76$ 19.55%221.24$ -$ Diesel Fuel 7,500.00$ 849.40$ 11.33%6,650.60$ 527.45$ Permit Requirement-Educat 7,000.00$ -$ 0.00%7,000.00$ -$ Telephone 2,000.00$ 343.44$ 17.17%1,656.56$ 337.66$ Membership/Dues 600.00$ -$ 0.00%600.00$ -$ Discharge Permits Renewal 24,000.00$ -$ 0.00%24,000.00$ -$ Workers Comp Insurance 16,551.80$ 4,301.14$ 25.99%12,250.66$ -$ Property Insurance 14,245.09$ 4,381.99$ 30.76%9,863.10$ -$ % Budget Unencumbered FY-23/24 MTD Account Budget Expenditures Expended Balance Pd 2 Aug Unemployment Insurance 933.57$ -$ 0.00%933.57$ -$ GIS-Fees/Software 75,000.00$ 5,978.00$ 7.97%69,022.00$ 2,989.00$ Sediment & Depris Disposa 200.00$ -$ 0.00%200.00$ -$ Water Quality Monitoring 15,000.00$ 4,098.08$ 27.32%10,901.92$ 4,098.08$ Building/Grounds Maint 200.00$ -$ 0.00%200.00$ -$ Reimb Highway Benefit 33,289.64$ -$ 0.00%33,289.64$ -$ Marathon Health ctr cost 25,178.73$ -$ 0.00%25,178.73$ -$ Vehicle Maintenance 15,000.00$ 6,435.09$ 42.90%8,564.91$ 1,540.31$ Storm System Maint Materi 100,000.00$ 2,137.06$ 2.14%97,862.94$ 2,137.06$ Printing 100.00$ -$ 0.00%100.00$ -$ Legal Services 20,000.00$ -$ 0.00%20,000.00$ -$ To GF-Audit and Actuary 4,287.21$ -$ 0.00%4,287.21$ -$ Engineering-Watershed 35,000.00$ -$ 0.00%35,000.00$ -$ Billing Payment CWD 73,000.00$ -$ 0.00%73,000.00$ -$ Office Furniture/Equipmen 1,000.00$ -$ 0.00%1,000.00$ -$ Office Equipment Maintena 2,500.00$ -$ 0.00%2,500.00$ -$ Equipment Rental 250.00$ -$ 0.00%250.00$ -$ Administrative Services 66,746.24$ -$ 0.00%66,746.24$ -$ Conference/Training Expen 8,000.00$ -$ 0.00%8,000.00$ -$ S/W Bldg Utilities 3,500.00$ 211.14$ 6.03%3,288.86$ -$ Stormwater Pumps Electric 300.00$ 23.00$ 7.67%277.00$ 23.00$ Flow Restoration Plan Ana 5,000.00$ -$ 0.00%5,000.00$ -$ Vehicles/Equipment 745,000.00$ -$ 0.00%745,000.00$ -$ Stormwater Capital Projec 2,005,000.00$ 75,371.32$ 3.76%1,929,628.68$ 34,413.25$ Total S/WATER UTILITIES EXPS 4,195,947.11$ 199,887.38$ 4.76%3,996,059.73$ 94,847.96$ 180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sbvt.gov MEMORANDUM TO: Jessie Baker, City Manager South Burlington City Council FROM: Paul Conner, Director of Planning & Zoning & Acting Administrative Officer SUBJECT: Road Impact Fee In-Kind Credit requests for 225 Market Street, 267 Market Street, and 113 Garden Street (SP-23-011 and SP-23-035) DATE: September 18, 2023 City Council meeting Chris Snyder have submitted the attached request for issuance of an in-kind credit for Road Impact Fees ascribed to three buildings whose primary vehicular entrances are on Garden Street. These include: • 225 Market Street, a 4-story mixed use building consisting of 62 dwelling units and 13,500 s.f. of first- floor non-residential uses • 237 Market Street, a 4-story, mixed use building consisting of 75 dwelling units and 13,500 s.f. of first- floor non-residential uses • 113 Garden Street, a 4-story residential building consisting of 50 dwelling units. Together, these three building comprise City Center LLC’s “Block A / Lot N”, on the south side of Market Street west of Garden Street. Eligibility: The City’s Impact Fee Ordinance authorizes the City Council to issue credit as follows: Section 8. Credits for "In-Kind" Contributions. A. "In-Kind" contribution shall mean provision, by a person subject to payment of an impact fee, of land or equipment or construction of facilities that are included in the impact fee analyses and computations, and which are included in or consistent with the City's Comprehensive Plan. B. Upon recommendation of the Development Review Board or Administrative Officer, the City Council may approve a credit against any impact fee levied under this ordinance for the value of "In-Kind" contributions. The amount of credit for an "In-Kind" contribution shall be based on the actual cost to the person requesting the credit of providing or creating the facilities. The Development Review Board or Administrative Officer shall indicate the basis on which the amount of credit is determined. The amount of credit for an "In-Kind" contribution shall not exceed the total amount of the impact fee for that type of facility which would otherwise be levied on the proposed development. Details of request: Applicant is seeking credit for construction of the north section of Garden Street for the three buildings listed above. Calculation of vehicles trips per unit are prescribed by formula in the in Impact Fee Ordinance. For non- residential uses, the application provided a compilation of possible land uses that may occupy the approved 2 non-residential space. Site Plan #SP-23-011 approved 247 PM Peak hour non-residential trips based on the analysis provided by the applicant. These figures may be adjusted at the time of occupancy. As presented in the attached request from Chris Snyder, the applicant is seeking credits equal to $283,967.46 for projects approved under SP-23-011 and amended by SP-23-035. Recommendation Upon review of the letter provided by Chris Snyder and the findings of SP-23-011 and SP-23-035, the Administrative Officer find the request to be consistent with the Ordinance and recommends issuance of a credit of $283,967.46, less any adjustments applied for payment of future or past tax payments pursuant to tables RD- 4 and RD-5 of the Ordinance. This recommendation applies only to the development approved by SP-23-011 and amended by SP-23-035. MEMO TO:Jesse Baker, City ManagerPaul Conner, Director of Planning & Zoning CC:Tim McKenzie – South Burlington City Center, LLC FROM:Chris Snyder – Snyder-Braverman Development Company, LLC DATE:September 14, 2023 RE:Credit for in-kind contribution - Road Improvement Impact FeeProposed mixed use and multi-family buildings267 Market Street – Building A1225 Market Street – Building A2113 Garden Street – Building A3 In accordance with Section 8 of the South Burlington Impact Fee Ordinance, we are requesting City Council approval of an in-kind contribution for the construction of Garden Street, therebyeliminating the Road Improvement Impact Fee for the buildings to be constructed at 225 MarketStreet, 267 Market Street, and 113 Garden Street. Site Plan Application #SP-23-011 approved construction of Buildings A1, A2, & A3. Buildings A1& A2 are mixed used, with commercial uses planned for street level along Market Street andGarden Street. Building A3 will be only multi-family residential. The approval of Site Plan Application #SP-23-011 included a recommendation from theAdministrative Officer that the City Council approve a credit against the Road ImprovementImpact Fee. Site Plan Application #SP-23-035 was subsequently issued, amending the priorapproval by reducing the total number of dwelling units in Building A1. The following summarizes the projects where in-kind contributions were previously approved, along with the subdivision of the Garden Street right of way. Site Plan application #SP-20-030 for the construction of a 43 unit residential building at324 Garden Street was approved by the Administrative Officer on November 2, 2020. o Decision #16 states that the Administrative Officer estimates that the building willgenerate twenty (20) vehicle trip ends during the P.M. peak hour. Site Plan application #SP-18-18 for the construction of a 60 unit residential building at310 Market Street was approved by the Administrative Officer on August 10, 2018. o The findings note that Garden Street will be constructed in phases as approved in decision #SD-18-23. The application must post a bond for the estimatedconstruction cost of the segment of Garden Street north of Market Street, plus a15% contingency (excluding street trees). The estimated construction cost wasapproved by the Director of Public Works in an email dated June 25, 2018. o Decision #4 states that prior to issuance of a zoning permit, the applicant mustpost a bond for the construction of each phase of Garden Street (north segment)as indicated below: Phase 1 $473,800 Phase 2 $387,550 Phase 3 $103,500 o Decision #13 states that the Administrative Officer estimates that the building willgenerate twenty seven (27) vehicle trip ends during the P.M. peak hour. o Construction of Garden Street (north segment) is substantially complete,although all components of phase 3 are not yet finished. Garden Street – north segment: Preliminary and Final Plat application #SD-18-13 wasapproved by the Development Review Board on June 7, 2018. The application consisted of subdividing a parcel into 5 lots, and adjusting a boundary line between apreviously conveyed right of way and a pre-existing sixth lot. o Garden Street is a planned street as shown on the Official City Map o Decision 16 outlined the approved phased construction of Garden Street, north ofMarket Street. o Decision 18 required that a bond be posted for the construction of Garden Street,in accordance with the phased construction, plus a 15% contingency. Garden Street – south segment: Preliminary and Final Plat application #SD-19-24 wasapproved by the Development Review Board on October 28, 2019. The applicationconsisted of subdividing a parcel into 6 lots, including the right of way for Garden Street south of Market Street. o Garden Street is a planned street as shown on the Official City Map o Decision 11 & 12 outlines the phased construction of Garden Street, south ofMarket Street. o In accordance with Decision 11.e. a bond having a value of $1,748,000 ($1,520,000 construction cost plus 15% contingency) was provided for theconstruction of Garden Street, south of Market Street. Site Plan application #SP-21-036A for the construction of a 61 unit residential building at303 Market Street was approved by the Administrative Officer on January 31, 2022. o Decision 19 states that the Administrative Officer estimates that the building willgenerate twenty eight (28) vehicle trip ends during the P.M. peak hour. Site Plan application #SP-21-036A for the construction of a 61 unit residential building at303 Market Street was approved by the Administrative Officer on January 31, 2022. o Decision 19 states that the Administrative Officer estimates that the building willgenerate twenty eight (28) vehicle trip ends during the P.M. peak hour. Site Plan application #SP-22-050 for the construction of a mixed use building (120 unitresidential units, 1,800 SF fast casual restaurant & 5,000 SF day care) at 112 Garden Street was approved by the Administrative Officer on October 24, 2022. o Decision #23 states that the Administrative Officer estimates that the building willgenerate one hundred fifteen (115) vehicle trip ends during the P.M. peak hour. Note that this estimate reflects the reduction for pass-by trips associated with daycare uses allowed by the Impact Fee Ordinance. Site Plan application #SP-22-060 for the construction of mixed use Building B1 (73residential units & 11,322 s.f. of commercial space), mixed use Building B2 (62 residential units & 11,353 s.f. of commercial space), and multi-family Building B3 (26residential units) to be constructed at 268 Market Street, 224 Market Street, and 339Garden Street was approved by the Administrative Officer on February 7, 2023. o Decision #9 states that the Administrative Officer estimates that the threebuildings combined will generate one hundred seventy eight (178) vehicle tripends during the P.M. peak hour. Note that this estimate reflects trip generationfor the commercial spaces based upon potential uses. The actual commercialuses may result in higher or lower trip generation. The following summarizes the projects that are the subject of the proposed in-kind contribution credit request. Site Plan application #SP-23-011, amend by Site Plan application #SP-23-035, for theconstruction of mixed use Building A1 (75 residential units & 13,500 s.f. of commercialspace), mixed use Building A2 (62 residential units & 13,500 s.f. of commercial space), and multi-family Building A3 (50 residential units) to be constructed at 267 Market Street,225 Market Street, and 113 Garden Street was approved by the Administrative Officeron July 20, 2023. o Decision #9 (#SP-23-011) states that the Administrative Officer estimates thatthe three buildings combined will generate two hundred forty seven (247) vehicletrip ends during the P.M. peak hour. o Note that this estimate reflects trip generation for the commercial spaces basedupon potential uses. The actual commercial uses may result in higher or lowertrip generation. The total credit for the in-kind contribution, as well as the previously approved and proposedRoad Improvement Impact Fee reductions are summarized below: Total in-kind contribution credit Garden Street (north segment)$ 964,850.00 Garden Street (south segment)$ 1,520,000.00 Total in-kind contribution credit $ 2,484,850.00 GARDEN STREET (NORTH)Road Improvement Impact Fee Reductions City Councilapproval Total in-kind contribution credit $ 964,850.00 #SP-18-18 / 310 Market Street60 unit multi-family buildingImpact fee = $602.36 per MF unit ($ 36,141.60)09/04/2018 #SP-20-030 / 324 Garden Street43 unit multi-family buildingImpact fee = $623.23 per MF unit ($ 26,798.89)02/16/2021 #SP-22-060 Building B1 – 268 Market Street Impact fee = $635.76 per MF unit (73) 56 commercial trips x $999.86/trip Building B2 – 224 Market Street Impact fee = $635.76 per MF unit (62 units) 57 commercial trips x $999.86/trip Building B3 – 339 Garden Street Impact fee = $635.76 per MF unit (26 units) ($ 46,410.48)($ 55,992.16) ($ 39,417.12)($ 56,992.02) ($ 16,529.76) 02/21/2023 Total Road Improvement Impact Fee Reductions ($278,282.03) Unused in-kind contribution credit $ 686,567.97 GARDEN STREET (SOUTH)Road Improvement Impact Fee Reductions City Council approval Total in-kind contribution credit $ 1,520,000.00 #SP-21-036A / 303 Market Street 61 unit multi-family buildingImpact fee = $629.62 per MF unit ($ 34,406.82)11/07/2022 #SP-22-050 / 112 Garden StreetMixed use building Impact fee = $635.76 per MF unit (120 units)Impact fee = $24,996.50 for 1,800 sf restaurant ($999.86/trip x 25 peak hour trips) Impact fee = $38,994.54 for 5,000 sf day care ($999.86/trip x 39 peak hour trips) ($ 140,282.24) 11/07/2022 #SP-23-011 & #SP-23-035Building A1 – 267 Market Street Impact fee = $641.66 per MF unit (75 units) 82 commercial trips x $999.86/tripBuilding A2 – 225 Market Street Impact fee = $641.66 per MF unit (62 units) 82 commercial trips x $999.86/tripBuilding A3 – 113 Garden Street Impact fee = $641.66 per MF unit (50 units) ($ 48,124.50)($ 81,988.52) * ($ 39,782.92)($ 81,988.52) * ($ 32,083.00) REQUESTPENDING Total Road Improvement Impact Fee Reductions ($458,656.52) Unused in-kind contribution credit $ 1,061,343.48 * The impact fee shown above for commercial uses does not reflect any credits for pastor future tax payments. The actual impact fee and applicable in-kind contribution creditfor commercial uses will be determined at the time of a zoning permit application. Thein-kind contribution credit will not exceed the amount approved above without seekingadditional future approval from the City Council. We reserve the right to request approval to apply the unused in-kind contribution against RoadImprovement Impact Fees for future development in City Center. City Council Consent Agenda Item REQUEST FOR DESIGNATION OF ATTORNEY FOR TAX SALE COLLECTION (All fees reimbursed to the City once sale is final) In accordance with 32 VSA § 5258, the South Burlington City Council hereby authorizes the South Burlington Tax Department to contract with Stitzel, Page & Fletcher, P.C. as the City’s attorneys for tax sale collection for the 2022-2023 and previous tax years. _______________________________ ______________ Helen Riehle, Chair Date 180 Market Street, South Burlington, VT 05403 tel 802.658.7961 fax 802.658.7976 www.southburlingtonvt.gov Physical Address: 104 Landfill Road, South Burlington, VT 05403 To: South Burlington City Council From: Tom DiPietro, Director of Public Works Cc: Jessie Baker, City Manager Date: September 8, 2023 Re: Award of Bartlett Bay Wastewater Treatment Facility Final Engineering Contract South Burlington’s Bartlett Bay Wastewater Treatment Facility was originally constructed in 1970. It was last upgraded in 1999. Treatment facilities require refurbishment and reconstruction every 20 to 25 years to repair and replace failing and obsolete equipment. The City recently worked with Hoyle Tanner & Associates (HTA) to complete a Preliminary Engineering Report (PER) for the facility. The PER evaluated all components of the facility and made specific recommendations for the work that needs to be completed in the upcoming reconstruction project. HTA was originally selected for wastewater projects through a qualifications based selection process conducted in 2021. After careful consideration, the City would like to continue working with HTA as we move into the final engineering phase of the project. Included with this memo is a contract and scope of work for final engineering and related services. This document has been reviewed by department of public works staff, the City attorney, and staff at the Vermont Department of Environmental Conservation. Funding for this project will be paid for using capital funds previously approved in the wastewater budget. The wastewater budget contains sufficient funds to cover the entire cost of the proposed contract. However, the City is actively working with the State of Vermont to obtain a Clean Water State Revolving Fund (CW SRF) loan to cover the costs of engineering and construction associated with this project. Documents related to the loan, and any loan subsidy (i.e. grant) that is available, will be presented to council at a future meeting. Action: I recommend that council make a motion to approve entering into a contract with Hoyle, Tanner & Associates for completion of final engineering for upgrade of the Bartlett Bay Wastewater Treatment Facility. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. Copyright © 2014: National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above. This Agreement has been prepared for use with EJCDC® C-700, Standard General Conditions of the Construction Contract, 2013 Edition. Their provisions are interrelated, and a change in one may necessitate a change in the other. For guidance on the completion and use of this Agreement, see EJCDC® E-001, Commentary on the EJCDC Engineering Services Agreements, 2013 Edition. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TABLE OF CONTENTS Page ARTICLE 1 – SERVICES OF ENGINEER 1 1.01 Scope 1 1.02 Appearances 1 1.03 Public Relations 2 ARTICLE 2 – OWNER’S RESPONSIBILITIES 2 2.01 General 2 ARTICLE 3 – SCHEDULE FOR RENDERING SERVICES 2 3.01 Commencement 2 3.02 Time for Completion 3 ARTICLE 4 – INVOICES AND PAYMENTS 4 4.01 Invoices 4 4.02 Payments 4 ARTICLE 5 – OPINIONS OF COST 4 5.01 Opinions of Probable Construction Cost 4 5.02 Designing to Construction Cost Limit 5 5.03 Opinions of Total Project Costs 5 ARTICLE 6 – GENERAL CONSIDERATIONS 5 6.01 Standards of Performance 5 6.02 Additions or Deletions. 8 6.03 Design Without Construction Phase Services 9 6.04 Inspection of Documents 9 6.05 Use of Documents 9 6.06 Electronic Transmittals 10 6.07 Insurance 10 6.08 Suspension and Termination 12 6.09 Controlling Law 13 6.10 Successors, Assigns, and Beneficiaries 14 6.11 Dispute Resolution 14 6.12 Environmental Condition of Site 14 6.13 Indemnification and Mutual Waiver 15 6.14 Records Retention 16 6.15 Miscellaneous Provisions 16 ARTICLE 7 – DEFINITIONS 17 7.01 Defined Terms 17 ARTICLE 8 – EXHIBITS AND SPECIAL PROVISIONS 21 8.01 Exhibits Included: 21 8.02 Total Agreement 22 8.03 Designated Representatives 22 8.04 Engineer's Certifications 22 8.05 Federal Requirements 22 EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES Owner and Engineer further agree as follows: ARTICLE 1 – SERVICES OF ENGINEER 1.01 Scope A. Engineer shall provide, or cause to be provided, the services set forth herein and in Exhibit A. 1.02 Appearances A. Engineer shall provide appropriate representation at design conferences, public gatherings and hearings, and appearances before any legislative body, commission, board, or court, to justify, explain and defend its services under this Agreement. The Engineer shall make available any liaison or representatives that Owner deems necessary for the furtherance of the services set forth in Exhibit A to participate in conferences with the Owner, ay any reasonable time, concerning interpretation and evaluation of all aspects or matters covered under this Agreement. B. Engineer further agrees to participate in meetings with Owner, the State of Vermont, and other interested or affected participants, for the purpose of review or resolution of any conflicts pertaining to the Agreement. C. If and when requested by the Owner, Engineer, or an appropriate representative, shall prepare and appear as a witness for any litigation concerning any relevant project or related Agreement, on behalf of Owner. Engineer shall be compensated in accordance with this Agreement. THIS IS AN AGREEMENT effective as of [ ] (“Effective Date”) between City of South Burlington, Vermont (“Owner”) and Hoyle, Tanner & Associates, Inc. (Hoyle Tanner) (“Engineer”). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: Bartlett Bay Wastewater Treatment Facility (WWTF) Predesign and Final Design ("Project"). Other terms used in this Agreement are defined in Article 7. Engineer's services under this Agreement are generally identified as follows: Engineering Final Design Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 1.03 Public Relations A. Whenever it is necessary to perform work in the field, particularly with respect to reconnaissance, Engineer will endeavor to maintain good relations with the public and any affected property owners and/or tenants. Personnel employed by or representing Engineer and Consultants shall conduct themselves with propriety. Engineer agrees to inform the Owner and property owners and/or tenants, in a timely manner, if there is need for entering upon private property in order to provide the services described in Exhibit A. The Engineer agrees that any work will be done with minimum damage to the land and disturbance to the affected property owners and/or tenants. Upon request of the Engineer, the Owner shall furnish a letter of introduction to property owners soliciting their cooperation. In no way does this paragraph absolve the Owner or the Engineer from obtaining required permissions to enter onto private property as required by law. ARTICLE 2 – OWNER’S RESPONSIBILITIES 2.01 General A. Owner shall have the responsibilities set forth herein and in Exhibit B. B. Owner shall pay Engineer as set forth in Article 4 and Exhibit C. C. Owner shall be responsible for all requirements and instructions that it furnishes to Engineer pursuant to this Agreement, and for the accuracy and completeness of all programs, reports, data, and other information furnished by Owner to Engineer pursuant to this Agreement. Engineer may use and rely upon such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement, subject to any express limitations or reservations applicable to the furnished items. D. Owner shall give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of: 1. any development that affects the scope or time of performance of Engineer’s services; 2. the presence at the Site of any Constituent of Concern; or 3. any relevant, material defect or nonconformance in: (a) Engineer’s services, (b) the Work, (c) the performance of any Constructor, or (d) Owner’s performance of its responsibilities under this Agreement. ARTICLE 3 – SCHEDULE FOR RENDERING SERVICES 3.01 Commencement A. Engineer is authorized to begin rendering services as of the Effective Date. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 3.02 Time for Completion A. Engineer shall complete its obligations in accordance with Exhibit A. within a reasonable time. Specific periods of time for rendering services, or specific dates by which services are to be completed as , are provided in Exhibit A, and are hereby agreed to be reasonable. B. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer’s services is impaired, or Engineer’s services are delayed or suspended, then with the written approval of the City, the time for completion of Engineer’s services, and the rates and amounts of Engineer’s compensation, may shall be adjusted equitably. C. If Owner authorizes changes in the scope, extent, or character of the Project or Engineer’s services, then the time for completion of Engineer’s services, and the rates and amounts of Engineer’s compensation, may shall be adjusted equitably. D. Owner shall make decisions and carry out its other responsibilities in a timely manner so as not to delay the Engineer’s performance of its services. E. No charges or claims for damages shall be made by Engineer or Consultant against Owner for delays or hindrances, regardless of the cause, during the provision of any services pursuant to this Agreement. F. During the term of the Agreement, Engineer will make monthly progress reports indicating the tasks completed through the date of the report. The Engineer shall link the monthly progress reports to the periods of time for rendering services or specific dates by which services are to be completed as provided in Exhibit A. The report shall indicate any matters that have or are anticipated to adversely affect the completion of tasks in accordance with Exhibit A. The Owner reserves the right to require that Engineer prepare revised Exhibit A in the event that a specific task is not completed as scheduled. The extensions by the Owner must be in writing, and will only be granted for reasonably excusable delays beyond the control of the Engineer and without any fault or negligence on the part of Engineer. G. All Documents or materials prepared or collected by the Engineer or any Consultant pursuant to this Agreement shall be subject to review and formal written approval by the Owner. The Engineer shall promptly respond to all Owner inquiries and comments regarding the services provided by Engineer in accordance with this Agreement. Formal written approval by the Owner shall not relieve the Engineer of its professional obligation to identify and timely correct any defects or errors in its work at its own expense. H. If Engineer fails, through its own fault, to complete the performance required in this Agreement within the time set forth, as duly adjusted, then Owner shall be entitled, as its sole remedy, to the recovery of direct damages, if any, resulting from such failure. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 ARTICLE 4 – INVOICES AND PAYMENTS 4.01 Invoices A. Preparation and Submittal of Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and the terms of Exhibit C. Engineer shall submit its invoices to Owner on a monthly basis. Invoices are due and payable within 45 days of receipt. Invoices will include a breakdown of services provided. 4.02 Payments A. Application to Interest and Principal: Payment will be credited first to any interest owed to Engineer and then to principal. B. Failure to Pay: If Owner fails to make any payment due Engineer for services and expenses within 30 45 days after receipt of Engineer’s invoice, then: 1. amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day; and 2. Engineer may, after giving seven twenty-one days written notice to Owner, suspend services under this Agreement until Owner has paid in full all amounts due for services, expenses, and other related charges. Owner waives any and all claims against Engineer for any such suspension. C. Disputed Invoices: If Owner disputes an invoice, either as to amount or entitlement, then Owner shall promptly advise Engineer in writing of the specific basis for doing so, may withhold only that portion so disputed, and must pay the undisputed portion subject to the terms of Paragraph 4.01. D. Sales or Use Taxes: If after the Effective Date any governmental entity takes a legislative action that imposes additional sales or use taxes on Engineer’s services or compensation under this Agreement, then Engineer may invoice such additional sales or use taxes for reimbursement by Owner. Owner shall reimburse Engineer for the cost of such invoiced additional sales or use taxes; such reimbursement shall be in addition to the compensation to which Engineer is entitled under the terms of Exhibit C. ARTICLE 5 – OPINIONS OF COST 5.01 Opinions of Probable Construction Cost A. Engineer’s opinions (if any) of probable Construction Cost are to be made on the basis of Engineer’s experience, qualifications, and general familiarity with the construction industry. However, because Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors’ methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Engineer. If Owner requires greater assurance as to probable Construction Cost, then Owner agrees to obtain an independent cost estimate. Opinions of Probable Cost and any revisions thereof should reflect compliance with EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 American Iron & Steel requirements mandated by Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A – Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statues mandating domestic preference. 5.02 Designing to Construction Cost Limit A. If a Construction Cost limit is established between Owner and Engineer, such Construction Cost limit and a statement of Engineer’s rights and responsibilities with respect thereto will be specifically set forth in Exhibit F to this Agreement. 5.03 Opinions of Total Project Costs A. The services, if any, of Engineer with respect to Total Project Costs shall be limited to assisting the Owner in tabulating the various categories that comprise Total Project Costs. Engineer assumes no responsibility for the accuracy of any opinions of Total Project Costs. Opinions of Total Cost and any revisions thereof should reflect compliance with American Iron & Steel requirements mandated by Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A – Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statues mandating domestic preference. ARTICLE 6 – GENERAL CONSIDERATIONS 6.01 Standards of Performance A. Standard of Care: The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the standards currently observed by a competent practitioner of Engineer’s profession. All services of whatever nature that Engineer delivers to Owner pursuant to this agreement shall be prepared in a professional manner and conform to the standards of quality normally observed by a competent person currently practicing in Engineer’s profession and such services shall be provided in accordance with Exhibit A. care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with any services performed or furnished by Engineer. B. Technical Accuracy: Owner shall not be responsible for discovering deficiencies in the technical accuracy of Engineer’s services. Engineer shall correct deficiencies in technical accuracy without additional compensation, unless such corrective action is directly attributable to deficiencies in Owner-furnished information. C. Consultants: With the written authorization of Owner, Engineer may retain such Consultants as Engineer deems necessary to assist in the performance or furnishing of the services, subject to reasonable, timely, and substantive objections by Owner. Engineer shall assign only competent and qualified personnel and Consultants to perform the services required under this Agreement. Prior to any such performance, Engineer shall notify Owner in writing of any changes to the approved personnel or Consultants. The Owner shall have the right to approve or disapprove of the Engineer’s personnel or Consultants assigned by Engineer to perform services under this Agreement and, at any EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 time during the term of this Agreement, to required removal by Engineer of any such personnel or Consultant on the grounds of misconduct, negligence, or failure or refusal to perform in accordance with the standard required under Paragraph 6.01.A. In the event that Owner, at any time during the term of this Agreement desires the removal of any such personnel or Consultant, Engineer shall remove such person immediately upon written notice from Owner requiring the removal of such person or Consultant. D. Reliance on Others: Subject to the standard of care set forth in Paragraph 6.01.A, Engineer and its Consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. E. Conflict of Interest: While this Agreement is in force and effect, the Engineer, including any of its employees, agents, and Consultants, shall accept no services nor perform any services that would constitute a conflict of interest for or with the Owner. Engineer shall immediately notify the Owner whenever the Engineer, including any of its employees, agents, and its Consultants, discovers a situation which may constitute or appear to constitute such a conflict of interest for or with the Owner. Except with the approval of the Owner, during the life of the Agreement, the Engineer shall not employ personnel on the payroll of the Owner who are directly involved with the awarding, administration, monitoring, or performance of the Agreement or any portion of the Project that is the subject of the Agreement or any person so involved within one (1) year of termination of employment with the Owner. The Engineer warrants that no company or person has been employed or retained, other than a bona fide employee working solely for the Engineer, to solicit the Owner or secure this Agreement, and that no company or person has been paid or has an agreement with the Engineer to be paid, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the Owner’s award or making of the Agreement. For breach or violation of this warranty, the Owner shall have the right to annul the Agreement, without liability to the Owner, and to regain all costs incurred by the Owner in the performance of the Agreement. F. Compliance with Laws and Regulations, and Policies and Procedures: 1. Engineer and Owner shall comply with applicable Laws and Regulations. 2. Engineer shall comply with any and all policies, procedures, and instructions of Owner that are applicable to Engineer's performance of services under this Agreement and that Owner provides to Engineer in writing, subject to the standard of care set forth in Paragraph 6.01.A, and to the extent compliance is not inconsistent with professional practice requirements. 3. This Agreement is based on Laws and Regulations and Owner-provided written policies and procedures as of the Effective Date. The following may be the basis for modifications to Owner’s responsibilities or to Engineer’s scope of services, times of performance, or compensation: EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 a. changes after the Effective Date to Laws and Regulations; b. the receipt by Engineer after the Effective Date of Owner-provided written policies and procedures; c. changes after the Effective Date to Owner-provided written policies or procedures. G. Engineer shall not be required to sign any document, no matter by whom requested, that would result in the Engineer having to certify, guarantee, or warrant the existence of conditions whose existence the Engineer cannot ascertain. Owner agrees not to make resolution of any dispute with the Engineer or payment of any amount due to the Engineer in any way contingent upon the Engineer signing any such document. H. The general conditions for any construction contract documents prepared hereunder are to be EJCDC® C-700 “Standard General Conditions of the Construction Contract” (2013 Edition), prepared by the Engineers Joint Contract Documents Committee, unless expressly indicated otherwise in Exhibit J or elsewhere in this Agreement. I. Engineer shall not at any time supervise, direct, control, or have authority over any Constructor’s work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, or the safety precautions and programs incident thereto, for security or safety at the Site, nor for any failure of a Constructor to comply with Laws and Regulations applicable to that Constructor’s furnishing and performing of its work. Engineer shall not be responsible for the acts or omissions of any Constructor. J. Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor’s, failure to furnish and perform the Work in accordance with the Construction Contract Documents. K. Engineer shall not be responsible for any decision made regarding the Construction Contract Documents, or any application, interpretation, clarification, or modification of the Construction Contract Documents, other than those made by Engineer or its Consultants. L. Engineer is not required to provide and does not have any responsibility for surety bonding or insurance-related advice, recommendations, counseling, or research, or enforcement of construction insurance or surety bonding requirements. M. Engineer’s services do not include providing legal advice or representation. N. Engineer’s services do not include (1) serving as a “municipal advisor” for purposes of the registration requirements of Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) or the municipal advisor registration rules issued by the Securities and Exchange Commission, or (2) advising Owner, or any municipal entity or other person or entity, regarding municipal financial products or the issuance of municipal securities, including advice with respect to the structure, timing, terms, or other similar matters concerning such products or issuances. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 O. While at the Site, Engineer, its Consultants, and their employees and representatives shall comply with the applicable requirements of Contractor's and Owner's safety programs of which Engineer has been informed in writing. P. Relationship to the Owner. The Engineer shall act as an independent contractor and not as an employee of the Owner. The Engineer shall have responsibility for general supervision of Engineer’s employees and its Consultants and shall be solely responsible for all procedures, methods of analysis, interpretation, conclusions and contents of work performed under this Agreement. The Engineer shall be responsible for all costs and expenses incurred relative to the Engineer, employees of the Engineer, and Consultants, in connection with this agreement, including, without limitation, payment of salaries, fringe benefit contributions, payroll taxes, withholding taxes and other taxes or levies, office overhead expenses, telephone and other telecommunication expenses. Furthermore, except as the Owner may otherwise specify in writing, Engineer, Engineer’s personnel and Consultants, shall have NO AUTHORITY, express or implied, to act on behalf of the Owner in any capacity whatsoever as agent. Engineer, Engineer’s personnel and Consultants shall have NO AUTHORITY, express or implied to bind the Owner to any obligations whatsoever. Q. Equipment and Facilities. Engineer shall, at its own cost and expense, furnish all equipment and facilities that may be required in providing services pursuant to this Agreement. R. Non-Discrimination. The Engineer shall not discriminate against a Consultant, employee, or applicant for employment because of race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity, place of birth, crime victim status, age or against a qualified individual with a disability. 6.02 Additions or Deletions. A. The Owner may, upon written notice, and without invalidating the Agreement, require changes to, additions to, or deletions from Exhibit A prior to the completion of this Agreement by means of an amendment. Subject to the terms and conditions set forth in this Agreement, any amendments of this nature shall be executed under the appropriate fee established in Exhibit C based on the adjusted quantity or type of tasks or services required, except that any claim for extensions of time caused thereby shall be made prior to the time such amendment is made. The Owner reserves the right to audit the records of the Engineer related to any adjustments to the quantity or type of tasks or services required. B. Any such adjusted tasks or services shall be subject, in all other respects, to the terms and conditions of this Agreement. C. Engineer shall not be compensated for services outside the scope of Exhibit A unless prior to the commencement of such services: (a) Engineer specifically identifies the services that it believes are outside the scope of Exhibit A and notifies the Owner in writing regarding the same, and Owner agrees that such services are outside the scope of Exhibit A; (b) Engineer estimates the additional compensation required for these additional services; and (c) Owner, after receiving notice from Engineer, approves in writing a Supplemental Agreement specifying the additional services and amount of compensation EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 therefor. Owner shall have not obligation whatsoever under this Agreement or any Supplemental Agreement unless and until this Agreement or any Supplemental Agreement is approved by the Owner in accordance with this Sub-Paragraph 6.02.C. 6.03 Design Without Construction Phase Services A. Engineer shall be responsible only for those Construction Phase services expressly required of Engineer in Exhibit A, Paragraph A1.05. With the exception of such expressly required services, Engineer shall have no design, Shop Drawing review, or other obligations during construction, and Owner assumes all responsibility for the application and interpretation of the Construction Contract Documents, review and response to Contractor claims, Construction Contract administration, processing of Change Orders and submittals, revisions to the Construction Contract Documents during construction, construction observation and review, review of Contractor’s payment applications, and all other necessary Construction Phase administrative, engineering, and professional services. Owner waives all claims against the Engineer that may be connected in any way to Construction Phase administrative, engineering, or professional services except for those services that are expressly required of Engineer in Exhibit A. 6.04 Inspection of Documents A. The Owner shall, at all times, have access to the plans, studies, data sheets, surveys, survey notes, subsoil information, drawings tracings, estimates, specifications, proposals, diagrams, calculations, electronic data media (“EDM”) and other materials prepared or collected by the Engineer or any Consultants pursuant to this Agreement, hereafter referred to as “Instruments of Professional Service”, for the purpose of inspection, accounting, and auditing. Engineer and any Consultant shall provide whatever access the Owner deems necessary to accomplish any such inspection, accounting, or auditing. 6.05 Use of Documents A. Subject to receipt by Engineer of full payment due and owing for services relating to preparation of the Documents, Engineer agrees that the Documents shall become the property of the Owner as they are prepared or developed or collected pursuant to this Agreement. The Engineer agrees that neither Engineer nor any sub-consultant shall disclose any Documents, or discuss the same with anyone, without the prior written authorization of the Owner provided, however that the Engineer is authorized to disclose, where relevant, any such Documents to its Consultants and vice versa. The Engineer and any Consultant shall surrender to the Owner upon demand at any time any Documents that have been prepared or developed or collected by the Engineer pursuant to this Agreement. Upon completion of the work, in full, these Documents will be appropriately endorsed by the Engineer or appropriate Consultant and surrendered to the Owner. Data and intellectual property rights to any Documents or developed or collected pursuant to this Agreement are reserved to the Owner and shall not be copyrighted by the Engineer or any Consultant at any time without written approval of the Owner. No publications or publicity of the services provided to the Owner, in part or in total, shall be made without the written approval of the Owner.All Documents are instruments of service, and Engineer shall retain an ownership and property interest therein (including the copyright and the right of reuse at the discretion of the Engineer) whether or not the Project is completed. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 B. If Engineer is required to prepare or furnish Drawings or Specifications under this Agreement, Engineer shall deliver to Owner at least a digital version and one original printed record version of such Drawings and Specifications, signed and sealed according to applicable Laws and Regulations. C. Owner may make and retain copies of Documents for information and reference in connection with the use of the Documents on the Project. Engineer grants Owner a limited license to use the Documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment due and owing for all services relating to preparation of the Documents, and subject to the following limitations: (1) Owner acknowledges that the such Documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer.; (2) Aany such use or reuse, or any modification of the Documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner’s sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and Consultants.; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from any use, reuse, or modification of the Documents without written verification, completion, or adaptation by Engineer.; and (4) Ssuch limited license to Owner shall not create any rights in third parties. D. If Engineer at Owner’s request verifies the suitability of the Documents, completes them, or adapts the Documents for extensions of the Project or for any other purpose other than those contemplated by this Agreement, then Owner shall compensate Engineer at rates or in an amount to be agreed upon by Owner and Engineer. 6.06 Electronic Transmittals A. Owner and Engineer may transmit, and shall accept, Project-related correspondence, Documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website, in accordance with a mutually agreeable protocol. B. If this Agreement does not establish protocols for electronic or digital transmittals, then Owner and Engineer shall may jointly develop such protocols. C. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient’s use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols. 6.07 Insurance A. Engineer shall procure and maintain insurance as set forth in Exhibit G on a primary and non-contributory basis. Engineer shall cause Owner to be listed as an additional insured on any applicable general liability and excess insurance policy carried by Engineer. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 B. Owner shall procure and maintain insurance as set forth in Exhibit G. Owner shall provide proof of coverage of this insurance to Engineer and to Consultants upon request. C. Owner shall require Contractor to purchase and maintain policies of insurance covering workers' compensation, general liability, motor vehicle damage and injuries, and other insurance necessary to protect Owner's and Engineer's interests in the Project. Owner shall require Contractor to cause Engineer and its Consultants to be listed as additional insureds with respect to such liability insurance purchased and maintained by Contractor for the Project. D. Engineer shall each deliver to the other certificates of insurance evidencing the coverages indicated in Exhibit G. Such certificates shall be furnished prior to commencement of Engineer’s services and at renewals thereafter during the life of the Agreement. E. All policies of property insurance relating to the Project, including but not limited to any builder’s risk policy, shall allow for waiver of subrogation rights and contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any insured thereunder or against Engineer or its Consultants. Owner and Engineer waive all rights against each other, Contractor, the Consultants, and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by any builder’s risk policy and any other property insurance relating to the Project. Owner and Engineer shall take appropriate measures in other Project-related contracts to secure waivers of rights consistent with those set forth in this paragraph. F. All policies of insurance shall contain a provision or endorsement that the coverage afforded will not be canceled or reduced in limits by endorsement, and that renewal will not be refused, until at least 3010 days prior written notice has been given to the primary insured. Upon receipt of such notice, the receiving party shall promptly forward a copy of the notice to the other party to this Agreement. G. Consultants. The Engineer shall require and verify that all Consultants maintain appropriate levels of insurance respective to the services they provide. Engineer shall ensure that the Owner is an additional insured on insurance required from Consultants and provide a copy of each Certificate of Insurance to the City for their records. H. Primary Coverage. For any claims related to this Agreement, the Engineer’s and Consultant’s coverage shall be the primary and non-contributory insurance in respect to the Owner, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the Owner shall be excess of the Engineer’s and Consultant’s insurance and shall not contribute with Engineer’s and Consultant’s insurance until limits are fully exhausted. I. Acceptability of Insurers. Any insurance required by this Agreement is to be placed with insurers with a current A.M. Best’s rating of no less than A-VII. J. Deductibles and Self-Insurance Retentions. Any deductibles or self-insurance retentions must be declared to and approved by the Owner. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 K. Claims Made Policies. If any of the required policies provide coverage on a claims-made basis: (1) The retroactive date must be shown and must be before the date of this Agreement; (2) Insurance must be maintained and evidence of insurance must be provided for at least five years after completion or termination of this Agreement, and; (3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy with a retroactive date prior to the date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five years after the completion or termination of this Agreement. L. At any time, Owner may request that Engineer or its Consultants, at Owner’s sole expense, provide additional insurance coverage, increased limits, or revised deductibles that are more protective than those specified in Exhibit G. If so requested by Owner, and if commercially available, Engineer shall obtain and shall require its Consultants to obtain such additional insurance coverage, different limits, or revised deductibles for such periods of time as requested by Owner, and Exhibit G will be supplemented to incorporate these requirements. 6.08 Suspension and Termination A. Suspension: 1. By Owner: Owner may suspend the Project for up to 90 days upon seven days written notice to Engineer. 2. By Engineer: Engineer may, after giving twenty-one days written notice to Owner, suspend services under this Agreement if Owner has failed to pay Engineer for invoiced services and expenses, as set forth in Paragraph 4.02.B, or in response to the presence of Constituents of Concern at the Site, as set forth in Paragraph 6.10.D. B. Termination: The obligation to provide further services under this Agreement may be terminated: 1. For cause, a. by either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. b. by Engineer: 1) upon seven twenty-one days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer’s responsibilities as a licensed professional; or 2) upon seven twenty-one days written notice if the Engineer’s services for the Project are delayed or suspended for more than 180 90 days for reasons beyond Engineer’s control, or as the result of the presence at the Site of undisclosed Constituents of Concern, as set forth in Paragraph 6.10.D. 3) Engineer shall have no liability to Owner on account of such termination. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 c. by Owner: If, through any cause, the Engineer shall breach any of the terms of this Agreement, the Owner shall have the right to terminate the Agreement by giving twenty-one (21) days written notice to Engineer. d. Notwithstanding the foregoing, this Agreement will not terminate under Paragraph 6.06.B.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience, by Owner effective upon Engineer’s receipt of notice from Owner. C. Effective Date of Termination: The terminating party under Paragraph 6.06.B may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. D. Payments Upon Termination: 1. In the event of any termination under Paragraph 6.06.B(1)(a) and (b) and (2), Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all Reimbursable Expenses incurred through the effective date of termination. Such compensation shall be the sole and exclusive remedy of the Engineer for termination of this Agreement by the Owner and Engineer shall not be entitled to claims for lost profits or any other damages or expenses. Upon making such payment, Owner shall have ownership of those Documents paid for and provided to Owner, the limited right to the use of Documents, at Owner’s sole risk, subject to the provisions of Paragraph 6.03. 2. In the event of any termination by Owner for breach under Paragraph 6.06.B(1)(c), termination shall be without further compensation, claim or remedy to Engineer. In the event of termination by Owner for convenience or by Engineer for cause, Engineer shall be entitled, in addition to invoicing for those items identified in Paragraph 6.06.D.1, to invoice Owner and receive payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer’s Consultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Exhibit C. 6.09 Controlling Law A. This Agreement is to be governed by the Laws and Regulations of the state of Vermont. in which the Project is located. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 B. [Note to User: If necessary, modify this provision to identify a specific controlling jurisdiction if other than the state where the Project is located; if multiple states are involved; or to identify controlling jurisdictions other than a state, such as a U.S. territory, commonwealth, or tribal jurisdiction/domestic dependent nation.] 6.10 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 6.1008.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, money that is due or may become due) in this Agreement without the written consent of the other party, except to the extent that any assignment, subletting, or transfer is mandated by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Constructor, other third-party individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 3. Owner agrees that the substance of the provisions of this Paragraph 6.1008.C shall appear in the Construction Contract Documents. 6.11 Dispute Resolution A. Owner and Engineer agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice prior to invoking the procedures of Exhibit H or other provisions of this Agreement, or exercising their rights at law. B. If the parties fail to resolve a dispute through negotiation under Paragraph 6.09.A, then either or both may invoke the procedures of Exhibit H. If Exhibit H is not included, or if no dispute resolution method is specified in Exhibit H, then the parties may exercise their rights at law. 6.12 Environmental Condition of Site A. Owner represents to Engineer that as of the Effective Date to the best of Owner’s knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at or adjacent to the Site. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 B. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1) Owner and (2) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. C. It is acknowledged by both parties that Engineer’s scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an undisclosed Constituent of Concern, then Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. D. If investigative or remedial action, or other professional services, are necessary with respect to undisclosed Constituents of Concern, or if investigative or remedial action beyond that reasonably contemplated is needed to address a disclosed or known Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until such portion of the Project is no longer affected. E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer’s services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement and receiving compensation for services performed up through the effective date of the termination with all Documents, or drafts thereof, becoming the property of Owner in accordance with Section 6.05.Afor cause on seven days notice. F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall not be required to become an "owner," “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer’s activities under this Agreement. 6.13 Indemnification and Mutual Waiver A. Indemnification by Engineer: To the fullest extent permitted by Laws and Regulations, Engineer shall indemnify and hold harmless Owner, and Owner’s officers, directors, members, partners, agents, consultants, and employees, from losses, damages, and judgments (including reasonable consultants’ and attorneys’ fees and expenses) arising from third-party claims or actions relating to the Project, provided that any such claim, action, loss, damages, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Engineer or Engineer’s officers, directors, members, partners, agents, employees, or Consultants. This indemnification provision is subject to and limited by the provisions, if any, agreed to by Owner and Engineer in Exhibit I, “Limitations of Liability." B. Indemnification by Owner: Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants as required by Laws and Regulations but only to the extent caused by any negligent act or omission of EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 Owner or Owner’s officers, directors, members, partners, agents, employees, or its consultants and to the extent (if any) required in Exhibit I, “Limitations of Liability.” C. Environmental Indemnification: To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from all claims, costs, losses, damages, actions, and judgments (including reasonable consultants’ and attorneys fees and expenses) caused by, arising out of, relating to, or resulting from an undisclosed or unknown Constituent of Concern at, on, or under the Site, provided that (1) any such claim, cost, loss, damages, action, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (2) nothing in this paragraph shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful misconduct. D. No Defense Obligation: The indemnification commitments in this Agreement do not include a defense obligation by the indemnitor unless such obligation is expressly stated. E. Percentage Share of Negligence: To the fullest extent permitted by Laws and Regulations, a party’s total liability to the other party and anyone claiming by, through, or under the other party for any cost, loss, or damages caused in part by the negligence of the party and in part by the negligence of the other party or any other negligent entity or individual, shall not exceed the percentage share that the party’s negligence bears to the total negligence of Owner, Engineer, and all other negligent entities and individuals. F. Mutual Waiver: To the fullest extent permitted by Laws and Regulations, Owner and Engineer waive against each other, and the other’s employees, officers, directors, members, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to this Agreement or the Project, from any cause or causes. 6.14 Records Retention A. Engineer shall maintain on file in legible form, for a period of five years following completion or termination of its services, all Documents, records (including cost records), and design calculations related to Engineer’s services or pertinent to Engineer’s performance under this Agreement. Upon Owner’s request, Engineer shall provide a copy of any such item to Owner at cost. 6.15 Miscellaneous Provisions A. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. B. Survival: All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 C. Severability: Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Engineer, which agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. D. Waiver: A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. E. Accrual of Claims: To the fullest extent permitted by Laws and Regulations, all causes of action arising under this Agreement shall be deemed to have accrued, and all statutory periods of limitation shall commence, no later than the date of Substantial Completion. ARTICLE 7 – DEFINITIONS 7.01 Defined Terms A. Wherever used in this Agreement (including the Exhibits hereto) terms (including the singular and plural forms) printed with initial capital letters have the meanings indicated in the text above, in the exhibits, or in the following definitions: 1. Addenda—Written or graphic instruments issued prior to the opening of bids which clarify, correct, or change the bidding requirements or the proposed Construction Contract Documents. 2. Additional Services—The services to be performed for or furnished to Owner by Engineer in accordance with Part 2 of Exhibit A of this Agreement. 3. Agreement—This written contract for professional services between Owner and Engineer, including all exhibits identified in Paragraph 8.01 and any duly executed amendments. 4. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Construction Contract. 5. Basic Services—The services to be performed for or furnished to Owner by Engineer in accordance with Part 1 of Exhibit A of this Agreement. 6. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work =or an adjustment in the Construction Contract Price or the Construction Contract Times, or other revision to the Construction Contract, issued on or after the effective date of the Construction Contract. 7. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth in the Construction Contract, seeking an adjustment in Construction Contract Price or Construction Contract Times, or both; EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 contesting an initial decision by Engineer concerning the requirements of the Construction Contract Documents or the acceptability of Work under the Construction Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Construction Contract. 8. Constituent of Concern—Asbestos, petroleum, radioactive material, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, State, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 9. Construction Contract—The entire and integrated written contract between the Owner and Contractor concerning the Work. 10. Construction Contract Documents—Those items designated as “Contract Documents” in the Construction Contract, and which together comprise the Construction Contract. 11. Construction Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Construction Contract Documents. 12. Construction Contract Times—The number of days or the dates by which Contractor shall: (a) achieve milestones, if any, in the Construction Contract; (b) achieve Substantial Completion; and (c) complete the Work. 13. Construction Cost—The cost to Owner of the construction of those portions of the entire Project designed or specified by or for Engineer under this Agreement, including construction labor, services, materials, equipment, insurance, and bonding costs, and allowances for contingencies. Construction Cost does not include costs of services of Engineer or other design professionals and consultants; cost of land or rights-of-way, or compensation for damages to property; Owner’s costs for legal, accounting, insurance counseling, or auditing services; interest or financing charges incurred in connection with the Project; or the cost of other services to be provided by others to Owner. Construction Cost is one of the items comprising Total Project Costs. 14. Constructor—Any person or entity (not including the Engineer, its employees, agents, representatives, and Consultants), performing or supporting construction activities relating to the Project, including but not limited to Contractors, Subcontractors, Suppliers, Owner’s work forces, utility companies, other contractors, construction managers, testing firms, shippers, and truckers, and the employees, agents, and representatives of any or all of them. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 15. Consultants—Individuals or entities having a contract with Engineer to furnish services with respect to this Project as Engineer’s independent professional associates and consultants; subcontractors; or vendors. 16. Contractor—The entity or individual with which Owner enters into a Construction Contract. 17. Documents—Data, reports, Drawings, Specifications, Record Drawings, building information models, civil integrated management models, and other deliverables, whether in printed or electronic format, provided or furnished in appropriate phases by Engineer to Owner pursuant to this Agreement. 18. Drawings—That part of the Construction Contract Documents that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date—The date indicated in this Agreement on which it becomes effective, but if no such date is indicated, the date on which this Agreement is signed and delivered by the last of the parties to sign and deliver. 20. Engineer—The individual or entity named as such in this Agreement. 21. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Construction Contract Price or the Construction Contract Times. 22. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 23. Owner—The individual or entity named as such in this Agreement and for which Engineer's services are to be performed. Unless indicated otherwise, this is the same individual or entity that will enter into any Construction Contracts concerning the Project. 24. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the services to be performed or furnished by Engineer under this Agreement are a part. 25. Record Drawings—Drawings depicting the completed Project, or a specific portion of the completed Project, prepared by Engineer as an Additional Service and based on Contractor's record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications, as delivered to Engineer and annotated by Contractor to show changes made during construction. 26. Reimbursable Expenses—The expenses incurred directly by Engineer in connection with the performing or furnishing of Basic Services and Additional Services for the Project. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20 27. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site during the Construction Phase. As used herein, the term Resident Project Representative or "RPR" includes any assistants or field staff of Resident Project Representative. The duties and responsibilities of the Resident Project Representative, if any, are as set forth in Exhibit D. 28. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 29. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Construction Contract Documents. 30. Site—Lands or areas to be indicated in the Construction Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands furnished by Owner which are designated for the use of Contractor. 31. Specifications—The part of the Construction Contract Documents that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 32. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. 33. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Construction Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof. 34. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. 35. Total Project Costs—The total cost of planning, studying, designing, constructing, testing, commissioning, and start-up of the Project, including Construction Cost and all other Project labor, services, materials, equipment, insurance, and bonding costs, allowances for contingencies, and the total costs of services of Engineer or other design professionals and consultants, together with such other Project-related costs that Owner furnishes for inclusion, including but not limited to cost of land, rights-of-way, compensation for damages to properties, Owner’s costs for legal, accounting, insurance counseling, and auditing services, interest and financing charges incurred in connection with the Project, and the cost of other services to be provided by others to Owner. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 21 36. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Construction Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Construction Contract Documents. 37. Work Change Directive—A written directive to Contractor issued on or after the effective date of the Construction Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. 38. Agency – The Vermont Department of Environmental Conservation (VT DEC). The Rural Utilities Service or any designated representative of Rural Utilities Service, including USDA, Rural Development. B. Day: 1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. ARTICLE 8 – EXHIBITS AND SPECIAL PROVISIONS 8.01 Exhibits Included: A. Exhibit A, Engineer’s Services. B. Exhibit B, Owner’s Responsibilities. C. Exhibit C, Payments to Engineer for Services and Reimbursable Expenses. D. Exhibit D, Duties, Responsibilities and Limitations of Authority of Resident Project Representative. Not Used in Original Agreement E. Exhibit E, Notice of Acceptability of Work. Not Used in Original Agreement F. Exhibit F, Construction Cost Limit. Not Used in Original Agreement G. Exhibit G, Insurance. H. Exhibit H, Dispute Resolution. I. Exhibit I, Limitations of Liability. J. Exhibit J, Special Provisions. K. Exhibit K, Amendment to Owner-Engineer Agreement. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 22 8.02 Total Agreement A. This Agreement, (together with the exhibits included above) constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a written instrument duly executed by both parties. Amendments should be based whenever possible on the format of Exhibit K to this Agreement. 8.03 Designated Representatives A. With the execution of this Agreement, Engineer and Owner shall designate specific individuals to act as Engineer’s and Owner’s representatives with respect to the services to be performed or furnished by Engineer and responsibilities of Owner under this Agreement. Such an individual shall have authority to transmit instructions, receive information, and render decisions relative to this Agreement on behalf of the respective party whom the individual represents. 8.04 Engineer's Certifications A. Engineer certifies that it has not engaged in corrupt, fraudulent, or coercive practices in competing for or in executing the Agreement. For the purposes of this Paragraph 8.04: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the selection process or in the Agreement execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the selection process or the execution of the Agreement to the detriment of Owner, or (b) to deprive Owner of the benefits of free and open competition; 3. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the selection process or affect the execution of the Agreement. 8.05 Federal Requirements A. Agency Concurrence. Signature of a duly authorized representative of the Agency in the space provided on the signature page of the EJCDC form E-500 hereof does not constitute a commitment to provide financial assistance or payments hereunder but does signify that this Agreement conforms to Agency’s applicable requirements. This Agreement shall not be effective unless the Funding Agency’s designated representative concurs. No amendment to the Agreement shall be effective unless the Funding Agency’s designated representative concurs. B. Audit and Access to Records. Owner, Agency, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Engineer which are pertinent to the Agreement, for the purpose of making audits, examinations, excerpts, and transcriptions. Engineer shall maintain all required records for three years after final payment is made and all other pending matters are closed. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 23 C. Restrictions on Lobbying. Engineer and each Consultant shall comply with “Restrictions on Lobbying” if they are recipients of engineering services contracts and subcontracts that exceed $100,000 at any tier. If applicable, Engineer must complete a certification form on lobbying activities related to a specific Federal loan or grant that is a funding source for this Agreement. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other applicable award. Each tier shall disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Certifications and disclosures are forwarded from tier to tier up to the Owner. Necessary certification and disclosure forms shall be provided by Owner. D. Suspension and Debarment. Engineer certifies, by signing this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for disbarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency. Engineer will not contract with any Consultant for this project if it or its principals is presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or Agency. Necessary certification forms shall be provided by the Owner. The Engineer will complete and submit a form AD-1048, “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – lower tier transactions,” to the Owner who will forward it to the Agency USDA, Rural Development processing office. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 24 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner: City of South Burlington, Vermont Engineer: Hoyle, Tanner & Associates, Inc. By: [ ] By: Print name: [ Jessie Baker ] Print name: Jon Olin, PE Title: [ City Manager ] Title: Senior Project Manager Date Signed: [ ] Date Signed: September 7, 2023 Engineer License or Firm's Certificate No. (if required): [ ] State of: [ ] Address for Owner’s receipt of notices: Address for Engineer’s receipt of notices: City Hall 125 College St., Suite 4 180 Market Street Burlington, VT 05401 South Burlington, VT 05403 Designated Representative (Paragraph 8.03.A): Designated Representative (Paragraph 8.03.A): [ Tom DiPietro ] Jon Olin, PE Title: [ Director of Public Works ] Title: Project Manager Phone Number: [ ] Phone Number: 802-489-7364 E-Mail Address: tdipietro@southburlingtonvt.gov E-Mail Address: jolin@hoyletanner.com Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is EXHIBIT A, consisting of [ 19 ] pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated [ 9/7/2023 ]. Engineer’s Services Article 1 of the Agreement is supplemented to include the following agreement of the parties. Engineer shall provide Basic and Additional Services as set forth below. PART 1 – BASIC SERVICES A1.01 Study and Report Phase Not Used A. Engineer shall: 1. Consult with Owner to define and clarify Owner’s requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations, and identify available data, information, reports, facilities plans, and site evaluations. a. If Owner has already identified one or more potential solutions to meet its Project requirements, then proceed with the study and evaluation of such potential solutions: [ ] [List the specific potential solutions here.] b. If Owner has not identified specific potential solutions for study and evaluation, then assist Owner in determining whether Owner’s requirements, and available data, reports, plans, and evaluations, point to a single potential solution for Engineer’s study and evaluation, or are such that it will be necessary for Engineer to identify, study, and evaluate multiple potential solutions. In addition, Engineer must identify, study, and evaluate multiple potential alternative solutions potentially available to Owner, unless Owner and Engineer mutually agree with Agency concurrence that only one feasible solution exists. The number of alternative solutions should be appropriate to the specific project as concurred in by the Agency. c. If it is necessary for Engineer to identify, study, and evaluate multiple potential solutions, then identify [ ] [insert specific number] alternative solutions potentially available to Owner, unless Owner and Engineer mutually agree that some other specific number of alternatives should be identified, studied, and evaluated. 2. Identify potential solution(s) to meet Owner’s Project requirements, as needed. 3. Study and evaluate the potential solution(s) to meet Owner’s Project requirements. 4. Visit the Site, or potential Project sites, to review existing conditions and facilities, unless such visits are not necessary or applicable to meeting the objectives of the Study and Report Phase. Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 5. Advise Owner of any need for Owner to obtain, furnish, or otherwise make available to Engineer additional Project-related data and information, for Engineer’s use in the study and evaluation of potential solution(s) to Owner’s Project requirements, and preparation of a related report. 6. After consultation with Owner, recommend to Owner the solution(s) which in Engineer’s judgment meet Owner’s requirements for the Project. 7. Identify, consult with, and analyze requirements of governmental authorities having jurisdiction to approve the portions of the Project to be designed or specified by Engineer, including but not limited to mitigating measures identified in an environmental assessment for the Project. 8. Prepare a report (the “Report”) which will, as appropriate, contain schematic layouts, sketches, and conceptual design criteria with appropriate exhibits to indicate the agreed-to requirements, considerations involved, and Engineer’s recommended solution(s). For each recommended solution Engineer will provide the following, which will be separately itemized: opinion of probable Construction Cost; proposed allowances for contingencies; the estimated total costs of design, professional, and related services to be provided by Engineer and its Consultants; and, on the basis of information furnished by Owner, a tabulation of other items and services included within the definition of Total Project Costs. The Report mentioned in paragraph 1.01.A.8 of Exhibit A to the Agreement is the Preliminary Engineering Report as defined in RUS Bulletin 1780-2. This document must meet customary professional standards as required by 7 CFR 1780.55. The Report must be concurred in by the Agency. 9. Advise Owner of any need for Owner to provide data or services of the types described in Exhibit B, for use in Project design, or in preparation for Contractor selection and construction. 10. When mutually agreed and approved by the Agency, assist Owner in evaluating the possible use of building information modeling; civil integrated management; geotechnical baselining of subsurface site conditions; innovative design, contracting, or procurement strategies; or other strategies, technologies, or techniques for assisting in the design, construction, and operation of Owner’s facilities. The subject matter of this paragraph shall be referred to in Exhibit A and B as “Project Strategies, Technologies, and Techniques.” 11. If requested to do so by Owner, assist Owner in identifying opportunities for enhancing the sustainability of the Project, and pursuant to Owner’s instructions plan for the inclusion of sustainable features in the design. 12. Use ASCE 38, “Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data” as a means to advise the Owner on a recommended scope of work and procedure for the identification and mapping of existing utilities. 13. Develop a scope of work and survey limits for any topographic and other surveys necessary for design. Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 14. Perform or provide the following other Study and Report Phase tasks or deliverables: [ ] [List any such tasks or deliverables here.] Provide an Environmental Report as defined in 7 CFR 1970. The Environmental Report must be concurred in by the Agency. 15. Furnish [ ] review copies of the Report and any other Study and Report Phase deliverables to Owner within [ ] days of the Effective Date and review it with Owner. Within [ ] days of receipt, Owner shall submit to Engineer any comments regarding the furnished items. 16. Revise the Report and any other Study and Report Phase deliverables in response to Owner’s comments, as appropriate, and furnish [ ] copies of the revised Report and any other Study and Report Phase deliverables to the Owner within [ ] days of receipt of Owner’s comments. Revise the Report and any other Study and Report Phase deliverables in response to Owner’s and Agency’s comments, as appropriate, and furnish three (3) written copies and one (1) electronic copy of the revised Report and any other Study and Report Phase deliverables to the Owner within [fill in with # of days] days of receipt of Owner’s and Agency’s comments. B. Engineer’s services under the Study and Report Phase will be considered complete on the date when Engineer has delivered to Owner the revised Report and any other Study and Report Phase deliverables. A1.02 Preliminary Design Phase Not Used A. After acceptance by Owner and concurrence by Agency of the Report and any other Study and Report Phase deliverables; selection by Owner of a recommended solution; issuance by Owner of any instructions of for use of Project Strategies, Technologies, and Techniques, or for inclusion of sustainable features in the design; and indication by Owner of any specific modifications or changes in the scope, extent, character, or design requirements of the Project desired by Owner, (1) Engineer and Owner shall discuss and resolve any necessary revisions to Engineer’s compensation (through application of the provisions regarding Additional Services, or otherwise), or the time for completion of Engineer’s services, resulting from the selected solution, related Project Strategies, Technologies, or Techniques, sustainable design instructions, or specific modifications to the Project, and (2) upon written authorization from Owner, Engineer shall: 1. Prepare Preliminary Design Phase documents consisting of final design criteria, preliminary drawings, outline specifications, and written descriptions of the Project. 2. In preparing the Preliminary Design Phase documents, use any specific applicable Project Strategies, Technologies, and Techniques authorized by Owner and Agency during or following the Study and Report Phase, and include sustainable features, as appropriate, pursuant to Owner’s instructions. 3. Provide necessary field surveys and topographic and utility mapping for Engineer’s design purposes. Comply with the scope of work and procedure for the identification and mapping of existing utilities selected and authorized by Owner pursuant to advice from Engineer based on ASCE 38, “Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data,” as set forth in Paragraph A1.01.A.12 above. If no such scope of work and procedure for utility mapping has been selected and authorized, Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 then at a minimum the utility mapping will include Engineer contacting utility owners and obtaining available information. 4. Visit the Site as needed to prepare the Preliminary Design Phase documents. 5. Advise Owner if additional reports, data, information, or services of the types described in Exhibit B are necessary and assist Owner in obtaining such reports, data, information, or services. 6. Continue to assist Owner with Project Strategies, Technologies, and Techniques that Owner has chosen to implement. 7. Based on the information contained in the Preliminary Design Phase documents, prepare a revised opinion of probable Construction Cost, and assist Owner in tabulating the various cost categories which comprise Total Project Costs. 8. Obtain and review Owner’s instructions regarding Owner’s procurement of construction services (including instructions regarding advertisements for bids, instructions to bidders, and requests for proposals, as applicable), Owner’s construction contract practices and requirements, insurance and bonding requirements, electronic transmittals during construction, and other information necessary for the finalization of Owner’s bidding-related documents (or requests for proposals or other construction procurement documents), and Construction Contract Documents. Also obtain and review copies of Owner’s design and construction standards, Owner’s standard forms, general conditions (if other than EJCDC® C-700, Standard General Conditions of the Construction Contract, 2013 Edition), supplementary conditions, text, and related documents or content for Engineer to include in the draft bidding-related documents (or requests for proposals or other construction procurement documents), and in the draft Construction Contract Documents, when applicable. Engineer must also incorporate all Agency regulations, forms, and design and construction standards applicable to the project in development of the documents indicated in this Article. [Note to User: Some owners prefer to handle the preparation of bidding (procurement) and construction contract documents with little or no involvement by the Engineer (other than with respect to Engineer’s preparation or furnishing of the Drawings, Specifications, and other design and technical documents), relying either on Owner’s in- house staff and legal counsel for such services, or on third-parties such as a construction manager. When such is the case, the task item above, and related items in the Final Design Phase (Paragraph A1.03 below) and in Exhibit B, Owner’s Responsibilities, should be modified to fit the requirements of the specific project.] 9. Perform or provide the following other Preliminary Design Phase tasks or deliverables: [ ] [List any such tasks or deliverables here.] 10. Furnish [ ] review copies of the Preliminary Design Phase documents, opinion of probable Construction Cost, and any other Preliminary Design Phase deliverables to Owner within [ ] days of authorization to proceed with this phase, and review them with Owner. Within [ ] days of receipt, Owner shall submit to Engineer any comments regarding the furnished items. Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 11. Revise the Preliminary Design Phase documents, opinion of probable Construction Cost, and any other Preliminary Design Phase deliverables in response to Owner’s comments, as appropriate, and furnish to Owner [ ] copies of the revised Preliminary Design Phase documents, revised opinion of probable Construction Cost, and any other deliverables within [ ] days after receipt of Owner’s comments. B. Engineer’s services under the Preliminary Design Phase will be considered complete on the date when Engineer has delivered to Owner the revised Preliminary Design Phase documents, revised opinion of probable Construction Cost, and any other Preliminary Design Phase deliverables. A1.03 Final Design Phase A. After acceptance by Owner of the Preliminary Design Phase documents, revised opinion of probable Construction Cost as determined in the Preliminary Design Phase, and any other Preliminary Design Phase deliverables, subject to any Owner-directed modifications or changes in the scope, extent, character, or design requirements of or for the Project, and upon written authorization from Owner, Engineer shall: 1. Prepare final Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. 2. Visit the Site as needed to assist in preparing the final Drawings and Specifications. 3. Provide technical criteria, written descriptions, and design data for Owner’s use in filing applications for permits from or approvals of governmental authorities having jurisdiction to review or approve the final design; assist Owner in consultations with such authorities; and revise the Drawings and Specifications in response to directives from such authorities, as appropriate. 4. Advise Owner of any recommended adjustments to the opinion of probable Construction Cost. 5. After consultation with Owner, include in the Construction Contract Documents any specific protocols for the transmittal of Project-related correspondence, documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website. Any such protocols shall be applicable to transmittals between and among Owner, Engineer, and Contractor during the Construction Phase and Post-Construction Phase, and unless agreed otherwise shall supersede any conflicting protocols previously established for transmittals between Owner and Engineer. 6. Assist Owner in assembling known reports and drawings of Site conditions, and in identifying the technical data contained in such reports and drawings upon which bidders or other prospective contractors may rely. 7. In addition to preparing the final Drawings and Specifications, assemble drafts of other Construction Contract Documents based on specific instructions and contract forms, text, or content received from Owner. Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 8. Prepare or assemble draft bidding-related documents (or requests for proposals or other construction procurement documents), based on the specific bidding or procurement- related instructions and forms, text, or content received from Owner. 9. Perform or provide the following other Final Design Phase tasks or deliverables: [ See Exhibit J ] [List any such tasks or deliverables here.] The Engineer shall identify the building codes and accessibility standards used in the design and indicate them on the drawings and specification and certify that the final drawings and specifications comply with those standards. 10. Furnish for review by Owner, its legal counsel and Agency, and other advisors, [ 1 hardcopy, 1 electronic ] copies of the final Drawings and Specifications, assembled drafts of other Construction Contract Documents, the draft bidding-related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables, within [ 560 ] days of authorization to proceed with the Final Design Phase, and review them with Owner. Within [ 21 ] days of receipt, Owner shall submit to Engineer any comments regarding the furnished items, and any instructions for revisions. 11. Revise the final Drawings and Specifications, assembled drafts of other Construction Contract Documents, the draft bidding-related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables in accordance with comments and instructions from the Owner, as appropriate, and submit [ 1 hardcopy, 1 electronic ] final copies of such documents to Owner within [ 9045 ] days after receipt of Owner’s comments and instructions. 12. Provide the Owner and Agency with a written certification that the final Drawings and Specifications, other assembled construction Contract Documents, bidding-related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables comply with all requirements of Agency. Use the Engineer’s Construction Certifications (Exhibit A, Attachment 6) for this purpose.” 13. Services required to determine and certify that to the best of the Engineer’s knowledge and belief all iron and steel products referenced in engineering analysis, the Plans, Specifications, and Bidding Documents requiring design revisions are either produced in the United States or are the subject of an approved waiver; and services required to determine to the best of the engineer’s knowledge and belief that approved substitutes, equals, and all iron and steel products proposed in the Plans, Specifications, and Bidding Documents are either produced in the United States or are the subject of an approved waiver under AIS. B. Engineer’s services under the Final Design Phase will be considered complete on the date when Engineer has delivered to Owner the final Drawings and Specifications, other assembled Construction Contract Documents, bidding-related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables. and all final design phase deliverables have been approved and accepted by Owner. Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 C. In the event that the Work designed or specified by Engineer is to be performed or furnished under more than one prime contract, or if Engineer’s services are to be separately sequenced with the work of one or more prime Contractors (such as in the case of fast-tracking), Owner and Engineer shall, prior to commencement of the Final Design Phase, develop a schedule for performance of Engineer’s services during the Final Design, Bidding or Negotiating, Construction, and Post-Construction Phases in order to sequence and coordinate properly such services as are applicable to the work under such separate prime contracts. This schedule is to be prepared and included in or become an amendment to Exhibit A whether or not the work under such contracts is to proceed concurrently. D. The number of prime contracts for Work designed or specified by Engineer upon which the Engineer’s compensation has been established under this Agreement is [ 1 ]. If more prime contracts are awarded, Engineer shall be entitled to an equitable increase in its compensation under this Agreement. A1.04 Bidding or Negotiating Phase Not Used A. After acceptance by Owner of the final Drawings and Specifications, other Construction Contract Documents, bidding-related documents (or requests for proposals or other construction procurement documents), and the most recent opinion of probable Construction Cost as determined in the Final Design Phase, and upon written authorization by Owner to proceed, Engineer shall: 1. Assist Owner in advertising for and obtaining bids or proposals for the Work, assist Owner in issuing assembled design, contract, and bidding-related documents (or requests for proposals or other construction procurement documents) to prospective contractors, and, where applicable, maintain a record of prospective contractors to which documents have been issued, attend pre-bid conferences, if any, and receive and process contractor deposits or charges for the issued documents. 2. Prepare and issue Addenda as appropriate to clarify, correct, or change the issued documents. Obtain Agency concurrence on any Addenda that modify the Bidding Documents. Obtain prior concurrence where possible. 3. Provide information or assistance needed by Owner in the course of any review of proposals or negotiations with prospective contractors. 4. Consult with Owner as to the qualifications of prospective contractors. 5. Consult with Owner as to the qualifications of ubcontractors, suppliers, and other individuals and entities proposed by prospective contractors, for those portions of the Work as to which review of qualifications is required by the issued documents. 6. a. If the issued documents require, the Engineer shall evaluate and determine the acceptability of "or equals" and substitute materials and equipment proposed by prospective contractors, provided that such proposals are allowed by the bidding- related documents (or requests for proposals or other construction procurement documents) prior to award of contracts for the Work. Services under this paragraph Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 are subject to the provisions of Paragraph A2.02.A.2 of this Exhibit A. The Engineer shall evaluate and determine the acceptability of “or equals” and substitute materials and equipment proposed by prospective contractors prior to award of contracts for the Work. Engineer shall issue a bid addendum for any and all approved “or equals” and substitutes. Review of substitutes and “or equals” shall be in accordance with the General Conditions of the Construction Contract and applicable Agency regulations. Services under this paragraph are subject to the provisions of Paragraph A2.02.A.2 of this Exhibit. b. Services required to determine and certify that to the best of the Engineer’s knowledge and belief all iron and steel products referenced in Bid Addenda requiring design revisions are either produced in the United States or are subject of an approved waiver. 7. Attend the bid opening, prepare bid tabulation sheets to meet Owner’s schedule, and assist Owner in evaluating bids or proposals, assembling final contracts for the Work for execution by Owner and Contractor, and in issuing notices of award of such contracts. 8. If Owner engages in negotiations with bidders or proposers, assist Owner with respect to technical and engineering issues that arise during the negotiations. 9. Perform or provide the following other Bidding or Negotiating Phase tasks or deliverables: [ ] [List any such tasks or deliverables here.] Upon award of the Construction Contract, the Engineer shall furnish to Owner five executed copied of the Contract Documents and one electronic copy of the signed documents, including Drawings and Specifications.” 10. Provide copies of Manufacturers’ Certifications to the Bidders on any brand name iron and steel products specified as sole-source in the Plans, Specifications and Bidding Documents. Manufacturers’ Certifications are to be included in the Bidding Documents and must be kept in the Engineer’s project file on-site during construction. 11. Provide copies of Manufacturers’ Certifications to the Contractor on any brand name iron and steel products specified as sole-source in the Plans, Specifications and Bidding Documents including any Bid Addenda and Change Orders. Manufacturers’ Certifications must be kept in the Engineer’s project file and on-site during construction. B. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective contractors (except as may be required if Exhibit F is a part of this Agreement). A1.05 Construction Phase Not Used A. Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from Owner, Engineer shall: 1. General Administration of Construction Contract: Consult with Owner and act as Owner’s representative as provided in the Construction Contract. The extent and limitations of the duties, responsibilities, and authority of Engineer shall be as assigned Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 in EJCDC® C-700, Standard General Conditions of the Construction Contract (2013 Edition), prepared by the Engineers Joint Contract Documents Committee, or other construction general conditions specified in this Agreement. If Owner, or Owner and Contractor, modify the duties, responsibilities, and authority of Engineer in the Construction Contract, or modify other terms of the Construction Contract having a direct bearing on Engineer, then Owner shall compensate Engineer for any related increases in the cost to provide Construction Phase services. Engineer shall not be required to furnish or perform services contrary to Engineer’s responsibilities as a licensed professional. All of Owner’s instructions to Contractor will be issued through Engineer, which shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and the Construction Contract except as otherwise provided in writing. 2. Resident Project Representative (RPR): Provide the services of an RPR at the Site to assist the Engineer and to provide more extensive observation of Contractor’s work. Duties, responsibilities, and authority of the RPR are as set forth in Exhibit D. The furnishing of such RPR’s services will not limit, extend, or modify Engineer’s responsibilities or authority except as expressly set forth in Exhibit D. [If Engineer will not be providing the services of an RPR, then delete this Paragraph 2 by inserting the word “DELETED” after the paragraph title, and do not include Exhibit D as part of the Agreement.] 3. Selection of Independent Testing Laboratory: Assist Owner in the selection of an independent testing laboratory to perform the services identified in Exhibit B, Paragraph B2.01. 4. Pre-Construction Conference: Participate in and chair a pre-construction conference prior to commencement of Work at the Site. 5. Electronic Transmittal Protocols: If the Construction Contract Documents do not specify protocols for the transmittal of Project-related correspondence, documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website, then together with Owner and Contractor jointly develop such protocols for transmittals between and among Owner, Contractor, and Engineer during the Construction Phase and Post-Construction Phase. 6. Original Documents: If requested by Owner to do so, Maintain and safeguard during the Construction Phase at least one original printed record version of the Construction Contract Documents, including Drawings and Specifications signed and sealed by Engineer and other design professionals in accordance with applicable Laws and Regulations. Throughout the Construction Phase, make such original printed record version of the Construction Contract Documents available to Contractor and Owner for review. 7. Schedules: Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to Engineer, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. 8. Baselines and Benchmarks: As appropriate, establish baselines and benchmarks for locating the Work which in Engineer’s judgment are necessary to enable Contractor to proceed. Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 9. Visits to Site and Observation of Construction: In connection with observations of Contractor’s Work while it is in progress: a. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, to observe as an experienced and qualified design professional the progress of Contractor’s executed Work. Such visits and observations by Engineer, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of the Work or to involve detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Construction Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer’s exercise of professional judgment, as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and observations, Engineer will determine in general if the Work is proceeding in accordance with the Construction Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. b. The purpose of Engineer’s visits to the Site, and representation by the Resident Project Representative, if any, at the Site, will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of Engineer’s efforts as an experienced and qualified design professional, to provide for Owner a greater degree of confidence that the completed Work will conform in general to the Construction Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Construction Contract Documents. Engineer shall not, during such visits or as a result of such observations of the Work, supervise, direct, or have control over the Work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, for security or safety at the Site, for safety precautions and programs incident to any Constructor’s work in progress, for the coordination of the Constructors’ work or schedules, nor for any failure of any Constructor to comply with Laws and Regulations applicable to furnishing and performing of its work. Accordingly, Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor’s failure to furnish or perform the Work, or any portion of the Work, in accordance with the Construction Contract Documents. c. The visits described in Article A1.05.A.9.a shall be at least monthly and the Engineer shall documents all visits to the project with copies furnished to the Owner and Agency. 10. Defective Work: Reject Work if, on the basis of Engineer’s observations, Engineer believes that such Work is defective under the terms and standards set forth in the Construction Contract Documents. Provide recommendations to Owner regarding whether Contractor should correct such Work or remove and replace such Work, or whether Owner should consider accepting such Work as provided in the Construction Contract Documents. Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 11. Compatibility with Design Concept: If Engineer has express knowledge that a specific part of the Work that is not defective under the terms and standards set forth in the Construction Contract Documents is nonetheless not compatible with the design concept of the completed Project as a functioning whole, then inform Owner of such incompatibility, and provide recommendations for addressing such Work. 12. Clarifications and Interpretations: Accept from Contractor and Owner submittal of all matters in question concerning the requirements of the Construction Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Construction Contract Documents. With reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Construction Contract Documents. 13. Non-reviewable Matters: If a submitted matter in question concerns the Engineer’s performance of its duties and obligations, or terms and conditions of the Construction Contract Documents that do not involve (1) the performance or acceptability of the Work under the Construction Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer will not provide a decision or interpretation. 14. Field Orders: Subject to any limitations in the Construction Contract Documents, Engineer may prepare and issue Field Orders requiring minor changes in the Work. 15. Change Orders and Work Change Directives: Recommend Change Orders and Work Change Directives to Owner, as appropriate, and prepare Change Orders and Work Change Directives as required. 16. Differing Site Conditions: Respond to any notice from Contractor of differing site conditions, including conditions relating to underground facilities such as utilities, and hazardous environmental conditions. Promptly conduct reviews and prepare findings, conclusions, and recommendations for Owner’s use. 17. Shop Drawings, Samples, and Other Submittals: Review and approve or take other appropriate action with respect to Shop Drawings, Samples, and other required Contractor submittals, including Applications for payment, to ensure compliance with AIS. Any iron and steel products included in any submittals by the General Contractor, must include a Manufacturers’ Certification letter to verify the products were produced in the United States. Copies of Manufacturers’ Certifications must be kept in the Engineer’s project file and on-site during construction. In the event the Engineer requires an item to be sole-source, the Engineer must furnish the Manufacturers’ Certification to the Contractor for said item. Review and approve or take other appropriate action with respect to Shop Drawings, Samples, and other required Contractor submittals, but only for conformance with the information given in the Construction Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Construction Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 and programs incident thereto. Engineer shall meet any Contractor’s submittal schedule that Engineer has accepted. 18. Substitutes and “Or-equal”: Evaluate and determine the acceptability of substitute or “or-equal” materials and equipment proposed by Contractor, but subject to the provisions of Paragraph A2.02.A.2 of this Exhibit A. Review of substitutes and “or equals” shall be in accordance with the General Conditions of the Contract and applicable Agency regulations. Prior to approval of any substitute “or equal” review Manufacturers’ Certification s provided by the Contractor to verify the product(s) meet AIS requirements. Manufacturers’ Certifications must be kept in the Engineer’s project file and on-site during construction to ensure compliance with AIS. 19. Inspections and Tests: a. Receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Construction Contract Documents. Engineer’s review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Construction Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Construction Contract Documents. Engineer shall be entitled to rely on the results of such inspections and tests. b. As deemed reasonably necessary, request that Contractor uncover Work that is to be inspected, tested, or approved. c. Pursuant to the terms of the Construction Contract, require special inspections or testing of the Work, whether or not the Work is fabricated, installed, or completed. d. Receive and review all Manufacturers’ Certifications for materials required to comply with AIS. Manufacturers’ Certifications must be kept in the Engineer’ project file and on-site during construction. 20. Change Proposals and Claims: (a) Review and respond to Change Proposals. Review each duly submitted Change Proposal from Contractor and, within 30 days after receipt of the Contractor’s supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer will not resolve the Change Proposal. (b) Provide information or data to Owner regarding engineering or technical matters pertaining to Claims. Review Change Proposals to ensure compliance with AIS. 21. Applications for Payment: Based on Engineer’s observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer recommends Contractor be paid. Recommend reductions in payment (set-offs) based on the provisions for set-offs Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 stated in the Construction Contract. Such recommendations of payment will be in writing and will constitute Engineer’s representation to Owner, based on such observations and review, that, to the best of Engineer’s knowledge, information and belief, Contractor’s Work has progressed to the point indicated, the Work is generally in accordance with the Construction Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Construction Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. In the case of unit price Work, Engineer’s recommendations of payment will include final determinations of quantities and classifications of the Work (subject to any subsequent adjustments allowed by the Construction Contract Documents). b. By recommending payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor’s Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor’s Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control the Work, or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor’s compliance with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the money paid to Contractor by Owner; to determine that title to any portion of the Work, including materials or equipment, has passed to Owner free and clear of any liens, claims, security interests, or encumbrances; or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. 22. Contractor’s Completion Documents: Receive from Contractor, review, and transmit to Owner maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Construction Contract Documents, certificates of inspection, tests and approvals, and Shop Drawings, Samples, and other data approved as provided under Paragraph A1.05.A.17. Receive from Contractor, review, and transmit to Owner the annotated record documents which are to be assembled by Contractor in accordance with the Construction Contract Documents to obtain final payment. The extent of Engineer’s review of record documents shall be to check that Contractor has submitted all pages. Receive from Contractor and review the annotated record documents which are to be assembled by Contractor in accordance with the construction Contract Documents to obtain final payment. The Engineer shall prepare Record Drawings and furnish such Record Drawings to Owner. 23. Substantial Completion: Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 Contractor, visit the Site to review the Work and determine the status of completion. Follow the procedures in the Construction Contract regarding the preliminary certificate of Substantial Completion, punch list of items to be completed, Owner’s objections, notice to Contractor, and issuance of a final certificate of Substantial Completion. Assist Owner regarding any remaining engineering or technical matters affecting Owner’s use or occupancy of the Work following Substantial Completion. 24. Other Tasks: Perform or provide the following other Construction Phase tasks or deliverables: [ ] [List any such tasks or deliverables here.] a. Upon Substantial Completion, the Engineer shall provide a copy of the Certificate of Substantial Completion to the Agency. 25. Final Notice of Acceptability of the Work: Conduct a final visit to the Project to determine if the Work is complete and acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice to Owner and Contractor in the form attached hereto as Exhibit E (“Notice of Acceptability of Work”) that the Work is acceptable (subject to the provisions of the Notice and Paragraph A1.05.A.21.b) to the best of Engineer’s knowledge, information, and belief, and based on the extent of the services provided by Engineer under this Agreement. a. Obtain the Contractors’ Certification letter and copies of Manufacturers’ Certifications from the Contractor for all American Iron and Steel products used in the project. Upon Substantial Completion, provide copies of Contractors’ and Manufacturers’ Certifications to the Owner and a copy of Contractor’s Certification to the Agency. 26. Standards for Certain Construction-Phase Decisions: Engineer will render decisions regarding the requirements of the Construction Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth in the Construction Contract for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. B. Duration of Construction Phase: The Construction Phase will commence with the execution of the first Construction Contract for the Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractors. If the Project involves more than one prime contract as indicated in Paragraph A1.03.D, then Construction Phase services may be rendered at different times in respect to the separate contracts. Subject to the provisions of Article 3, Engineer shall be entitled to an equitable increase in compensation if Construction Phase services (including Resident Project Representative services, if any) are required after the original date for completion and readiness for final payment of Contractor as set forth in the Construction Contract. A1.06 Post-Construction Phase Not Used A. Upon written authorization from Owner during the Post-Construction Phase, Engineer shall: Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 1. Together with Owner, visit the Project to observe any apparent defects in the Work, make recommendations as to replacement or correction of defective Work, if any, or the need to repair of any damage to the Site or adjacent areas, and assist Owner in consultations and discussions with Contractor concerning correction of any such defective Work and any needed repairs. 2. Together with Owner, visit the Project within one month before the end of the Construction Contract’s correction period to ascertain whether any portion of the Work or the repair of any damage to the Site or adjacent areas is defective and therefore subject to correction by Contractor. 3. Perform or provide the following other Post-Construction Phase tasks or deliverables: [ ] [List any such tasks or deliverables here.] B. The Post-Construction Phase services may commence during the Construction Phase and, if not otherwise modified in this Exhibit A, will terminate twelve months after the commencement of the Construction Contract’s correction period. PART 2 – ADDITIONAL SERVICES A2.01 Additional Services Requiring Owner’s Written Authorization A. If authorized in writing by Owner, Engineer shall provide Additional Services of the types listed below. These services are not included as part of Basic Services and will be paid for by Owner as indicated in Exhibit C. 1. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Project; preparation or review of environmental assessments and impact statements not including preparation of the Environmental Report defined under Basic Services; review and evaluation of the effects on the design requirements for the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 2. Services to make measured drawings of existing conditions or facilities, to conduct tests or investigations of existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others. 3. Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specified by Engineer, or the Project’s design requirements, including, but not limited to, changes in size, complexity, Owner’s schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Construction Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date or are due to any other causes beyond Engineer’s control. 4. Services resulting from Owner’s request to evaluate additional Study and Report Phase alternative solutions beyond those agreed to in Paragraph A1.01.A.1 and 2. , but only if Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 the Owner’s request is made after completion of the Study and Report Phase.Services required as a result of Owner’s providing incomplete or incorrect Project information to Engineer. 5. Providing renderings or models for Owner’s use, including services in support of building information modeling or civil integrated management. 6. Undertaking investigations and studies including, but not limited to: a. detailed consideration of operations, maintenance, and overhead expenses; b. the preparation of feasibility studies (such as those that include projections of output capacity, utility project rates, project market demand, or project revenues) and cash flow analyses, provided that such services are based on the engineering and technical aspects of the Project, and do not include rendering advice regarding municipal financial products or the issuance of municipal securities; c. preparation of appraisals; d. evaluating processes available for licensing, and assisting Owner in obtaining process licensing; e. detailed quantity surveys of materials, equipment, and labor; and f. audits or inventories required in connection with construction performed or furnished by Owner. 7. Furnishing services of Consultants for other than Basic Services. 8. Providing data or services of the types described in Exhibit B, when Owner retains Engineer to provide such data or services instead of Owner furnishing the same. 9. Providing the following services: a. Services attributable to more prime construction contracts than specified in Paragraph A1.03.D. b. Services to arrange for performance of construction services for Owner by contractors other than the principal prime Contractor, and administering Owner’s contract for such services. 10. Services during out-of-town travel required of Engineer, other than for visits to the Site or Owner’s office or attending meetings as required in Basic Services (Part 1 of Exhibit A). 11. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructibility review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other documents as a result of such review processes. Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 12. Preparing additional bidding-related documents (or requests for proposals or other construction procurement documents) or Construction Contract Documents for alternate bids or cost estimates requested by Owner for the Work or a portion thereof. 13. Assistance in connection with bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services, except when such assistance is required to complete services required by Paragraph 5.02.A and Exhibit F. 14. Preparing conformed Construction Contract Documents that incorporate and integrate the content of all Addenda and any amendments negotiated by Owner and Contractor. 15. Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor, but only if such services increase the total quantity of services to be performed in the Construction Phase, rather than merely shifting performance of such services to a later date. 16. Deleted Preparing Record Drawings, and furnishing such Record Drawings to Owner. 17. Supplementing Record Drawings with information regarding the completed Project, Site, and immediately adjacent areas obtained from field observations, Owner, utility companies, and other reliable sources. 18. Conducting surveys, investigations, and field measurements to verify the accuracy of Record Drawing content obtained from Contractor, Owner, utility companies, and other sources; revise and supplement Record Drawings as needed. 19. Preparation of operation, maintenance, and staffing manuals. 20. Protracted or extensive assistance in refining and adjusting of Project equipment and systems (such as initial startup, testing, and balancing). 21. Assistance to Owner in training Owner’s staff to operate and maintain Project equipment and systems. 22. Assistance to Owner in developing systems and procedures for (a) control of the operation and maintenance of Project equipment and systems, and (b) related recordkeeping. 23. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration, lien or bond claim, or other legal or administrative proceeding involving the Project. 24. Overtime work requiring higher than regular rates. 25. Providing construction surveys and staking to enable Contractor to perform its work other than as required under Paragraph A1.05.A.8; any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 26. Providing more extensive services required to enable Engineer to issue notices or certifications requested by Owner. Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 27. Extensive services required during any correction period, or with respect to monitoring Contractor’s compliance with warranties and guarantees called for in the Construction Contract (except as agreed to under Basic Services). 28. Other additional services performed or furnished by Engineer not otherwise provided for in this Agreement. A2.02 Additional Services Not Requiring Owner’s Written Authorization Engineer shall advise Owner that Engineer is commencing to perform or furnish the Additional Services of the types listed below. For such Additional Services, Engineer need not request or obtain specific advance written authorization from Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice to cease from Owner. 29. Services in connection with Work Change Directives and Change Orders to reflect changes requested by Owner. 30. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than “or equal” items; services after the award of the Construction Contract in evaluating and determining the acceptability of a proposed "or equal" or substitution which is found to be inappropriate for the Project; evaluation and determination of an excessive number of proposed "or equals" or substitutions, whether proposed before or after award of the Construction Contract. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than “or equal” items; evaluation and determination of an excessive number of proposed “or equals” or substitutes, whether proposed before or after award of the construction Contract. 31. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages. 32. Additional or extended services arising from (a) the presence at the Site of any undisclosed or unknown Constituent of Concern or items of historical or cultural significance, (b) emergencies or acts of God endangering the Work, (c) damage to the Work by fire or other causes during construction, (d) a significant amount of defective, neglected, or delayed Work, (e) acceleration of the progress schedule involving services beyond normal working hours, or (f) default by Contractor. 33. Services (other than Basic Services during the Post-Construction Phase) in connection with any partial utilization of the Work by Owner prior to Substantial Completion. 34. Evaluating unreasonable or frivolous requests for interpretation or information (RFIs), Change Proposals, or other demands from Contractor or others in connection with the Work, or an excessive number of RFIs, Change Proposals, or demands. 35. Reviewing a Shop Drawing or other Contractor submittal more than three times, as a result of repeated inadequate submissions by Contractor. 36. While at the Site, compliance by Engineer and its staff with those terms of Owner's or Contractor's safety program provided to Engineer subsequent to the Effective Date that Exhibit A – Engineer’s Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 exceed those normally required of engineering personnel by federal, State, or local safety authorities for similar construction sites. Exhibit B – Owner's Responsibilities EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is EXHIBIT B, consisting of [ 4 ] pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated [ 9/7/2023 ]. Owner’s Responsibilities Article 2 of the Agreement is supplemented to include the following agreement of the parties. B2.01 In addition to other responsibilities of Owner as set forth in this Agreement, Owner shall at its expense: A. Provide Engineer with all criteria and full information as to Owner’s requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations. B. Give instructions to Engineer regarding Owner’s procurement of construction services (including instructions regarding advertisements for bids, instructions to bidders, and requests for proposals, as applicable), Owner’s construction contract practices and requirements, insurance and bonding requirements, electronic transmittals during construction, and other information necessary for the finalization of Owner’s bidding-related documents (or requests for proposals or other construction procurement documents), and Construction Contract Documents. Furnish copies (or give specific directions requesting Engineer to use copies already in Engineer’s possession) of all design and construction standards, Owner’s standard forms, general conditions (if other than EJCDC® C-700, Standard General Conditions of the Construction Contract, 2013 Edition), supplementary conditions, text, and related documents and content for Engineer to include in the draft bidding-related documents (or requests for proposals or other construction procurement documents), and draft Construction Contract Documents, when applicable. Owner shall have responsibility for the final content of (1) such bidding-related documents (or requests for proposals or other construction procurement documents), and (2) those portions of any Construction Contract other than the design (as set forth in the Drawings, Specifications, or otherwise), and other engineering or technical matters; and Owner shall seek the advice of Owner’s legal counsel, risk managers, and insurance advisors with respect to the drafting and content of such documents. C. Furnish to Engineer any other available information pertinent to the Project including reports and data relative to previous designs, construction, or investigation at or adjacent to the Site. D. Following Engineer’s assessment of initially-available Project information and data and upon Engineer’s request, obtain, furnish, or otherwise make available (if necessary through title searches, or retention of specialists or consultants) such additional Project-related information and data as is reasonably required to enable Engineer to complete its Basic and Additional Services. Such additional information or data would generally include the following: 1. Property descriptions. 2. Zoning, deed, and other land use restrictions. Exhibit B – Owner's Responsibilities EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 3. Utility and topographic mapping and surveys. 4. Property, boundary, easement, right-of-way, and other special surveys or data, including establishing relevant reference points. 5. Explorations and tests of subsurface conditions at or adjacent to the Site; geotechnical reports and investigations; drawings of physical conditions relating to existing surface or subsurface structures at the Site; hydrographic surveys, laboratory tests and inspections of samples, materials, and equipment; with appropriate professional interpretation of such information or data. 6. Environmental assessments, audits, investigations, and impact statements, and other relevant environmental, historical, or cultural studies relevant to the Project, the Site, and adjacent areas. 7. Data or consultations as required for the Project but not otherwise identified in this Agreement. E. Arrange for safe access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform services under the Agreement. F. Recognizing and acknowledging that Engineer's services and expertise do not include the following services, provide, as required for the Project: 1. Accounting, bond and financial advisory (including, if applicable, “municipal advisor” services as described in Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) and the municipal advisor registration rules issued by the Securities and Exchange Commission), independent cost estimating, and insurance counseling services. 2. Legal services with regard to issues pertaining to the Project as Owner requires, Contractor raises, or Engineer reasonably requests. 3. Such auditing services as Owner requires to ascertain how or for what purpose Contractor has used the money paid. G. Provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of samples, materials, and equipment required by the Construction Contract Documents (other than those required to be furnished or arranged by Contractor), or to evaluate the performance of materials, equipment, and facilities of Owner, prior to their incorporation into the Work with appropriate professional interpretation thereof. Provide Engineer with the findings and reports generated by testing laboratories, including findings and reports obtained from or through Contractor. H. Provide reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all phases of the Project designed or specified by Engineer and such reviews, approvals, and consents from others as may be necessary for completion of each phase of the Project. Exhibit B – Owner's Responsibilities EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 I. Advise Engineer of the identity and scope of services of any independent consultants employed by Owner to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value engineering, and constructibility review. J. If Owner designates a construction manager or an individual or entity other than, or in addition to, Engineer to represent Owner at the Site, define and set forth as an attachment to this Exhibit B the duties, responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and authority of Engineer. K. If more than one prime contract is to be awarded for the Work designed or specified by Engineer, then designate a person or entity to have authority and responsibility for coordinating the activities among the various prime Contractors, and define and set forth the duties, responsibilities, and limitations of authority of such individual or entity and the relation thereof to the duties, responsibilities, and authority of Engineer as an attachment to this Exhibit B that is to be mutually agreed upon and made a part of this Agreement before such services begin. L. Inform Engineer in writing of any specific requirements of safety or security programs that are applicable to Engineer, as a visitor to the Site. M. Examine all alternative solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Engineer (including obtaining advice of an attorney, risk manager, insurance counselor, financial/municipal advisor, and other advisors or consultants as Owner deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. N. Inform Engineer regarding any need for assistance in evaluating the possible use of Project Strategies, Technologies, and Techniques, as defined in Exhibit A. O. Advise Engineer as to whether Engineer’s assistance is requested in identifying opportunities for enhancing the sustainability of the Project. P. Place and pay for advertisement for Bids in appropriate publications. Q. Furnish to Engineer data as to Owner’s anticipated costs for services to be provided by others (including, but not limited to, accounting, bond and financial, independent cost estimating, insurance counseling, and legal advice) for Owner so that Engineer may assist Owner in collating the various cost categories which comprise Total Project Costs. R. Attend and participate in the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job related meetings, and Site visits to determine Substantial Completion and readiness of the completed Work for final payment. S. Authorize Engineer to provide Additional Services as set forth in Part 2 of Exhibit A of the Agreement, as required. T. Perform or provide the following: [ ] [List any other Owner responsibilities here.] Exhibit B – Owner's Responsibilities EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 B2.02 Owners are ultimately responsible for compliance with Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A – Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statues mandating domestic preferences and will be responsible for the following: A. Sign loan resolutions, grant agreements and letters of intent to meet conditions which include American Iron and Steel language, accepting American Iron and Steel requirements in those documents and in the latter of conditions. B. Sign change orders (i.e. C-941 of EJCDC) and partial payment estimates (i.e. C-620 of EJCDC) and thereby acknowledge responsibility for compliance with American Iron and Steel requirements. C. Obtain the certification letters from the Engineer upon Substantial Completion of the project and maintain this documentation for the life of the loan. D. Where the Owner directly procures American Iron and Steel products, 1. Include American Iron and Steel clauses in the procurement contracts; 2. Obtain Manufacturers’ Certifications; and 3. Provide copies to Engineers and Contractors. Exhibit C –Compensation Packet BC-1: Basic Services (other than RPR) – Lump Sum Method of Payment EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is EXHIBIT C, consisting of [ 2 ] pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated [ 9/7/2023 ]. Payments to Engineer for Services and Reimbursable Expenses COMPENSATION PACKET BC-1: Basic Services – Lump Sum Article 2 of the Agreement is supplemented to include the following agreement of the parties: ARTICLE 2 – OWNER’S RESPONSIBILITIES C2.01 Compensation for Basic Services (other than Resident Project Representative) – Lump Sum Method of Payment A. Owner shall pay Engineer for Basic Services set forth in Exhibit A, except for services of Engineer’s Resident Project Representative, if any, as follows: 1. A Lump Sum amount of $[ 954,400 ] based on the following estimated distribution of compensation: a. Study and Report Phase $[ 0 ] b. Preliminary Design Phase $[ 0 ] c. Final Design Phase $[ 954,400 ] d. Bidding and Negotiating Phase $[ 0 ] e. Construction Phase $[ 0 ] f. Post-Construction Phase $[ 0 ] 2. Engineer may alter the distribution of compensation between individual phases noted herein to be consistent with services actually rendered, but shall not exceed the total Lump Sum amount unless approved in writing by the Owner and Agency. 3. The Lump Sum includes compensation for Engineer’s services and services of Engineer’s Consultants, if any. Appropriate amounts have been incorporated in the Lump Sum to account for labor costs, overhead, profit, expenses (other than any expressly allowed Reimbursable Expenses), and Consultant charges. 4. In addition to the Lump Sum, Engineer is also entitled to reimbursement from Owner for the following Reimbursable Expenses (see Appendix 1 for rates or charges): [ None ] [List any such expenses here, or indicate “None.” If “None” then the reference to Appendix 1 may be deleted.] . 5. The portion of the Lump Sum amount billed for Engineer’s services will be based upon Engineer’s estimate of the percentage of the total services actually completed during the Exhibit C –Compensation Packet BC-1: Basic Services (other than RPR) – Lump Sum Method of Payment EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 billing period. If any Reimbursable Expenses are expressly allowed, Engineer may also bill for any such Reimbursable Expenses incurred during the billing period. B. Period of Service: The compensation amount stipulated in Compensation Packet BC-1 is conditioned on a period of service not exceeding [ 18 ] months. If such period of service is extended, the compensation amount for Engineer's services shall be appropriately adjusted with concurrence of the Owner and Agency. Exhibit C –Compensation Packet BC-2: Basic Services (other than RPR) – Standard Hourly Rates Method of Payment. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is EXHIBIT C, consisting of [ 5 ] pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated [ 9/7/2023 ]. Payments to Engineer for Services and Reimbursable Expenses COMPENSATION PACKET BC-2: Basic Services – Standard Hourly Rates Article 2 of the Agreement is supplemented to include the following agreement of the parties: ARTICLE 2 – OWNER’S RESPONSIBILITIES C2.01 Compensation For Basic Services (other than Resident Project Representative) – Standard Hourly Rates Method of Payment A. Owner shall pay Engineer for Basic Services set forth in Exhibit A, except for services of Engineer’s Resident Project Representative, if any, as follows: 1. An amount equal to the cumulative hours charged to the Project by each class of Engineer’s personnel times Standard Hourly Rates for each applicable billing class for all services performed on the Project, plus Reimbursable Expenses and Engineer’s Consultants' charges, if any. 2. The Standard Hourly Rates charged by Engineer constitute full and complete compensation for Engineer’s services, including labor costs, overhead, and profit; the Standard Hourly Rates do not include Reimbursable Expenses or Engineer’s Consultants’ charges. 3. Engineer’s Reimbursable Expenses Schedule and Standard Hourly Rates are attached to this Exhibit C as Appendices 1 and 2. 4. The total compensation for services under Paragraph C2.01 is estimated to be $[ 32,400 ] based on the following estimated distribution of compensation: a. Study and Report Phase $[ 0 ] b. Preliminary Design Phase $[ 0 ] c. Final Design Phase $[ 32,400 ] d. Bidding or Negotiating Phase $[ 0 ] e. Construction Phase $[ 0 ] f. Post-Construction Phase $[ 0 ] 5. Engineer may alter the distribution of compensation between individual phases of the work noted herein to be consistent with services actually rendered, but shall not exceed Exhibit C –Compensation Packet BC-2: Basic Services (other than RPR) – Standard Hourly Rates Method of Payment. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 the total estimated compensation amount unless approved in writing by Owner and Agency. See also C2.03.C.2 below. 6. The total estimated compensation for Engineer’s services included in the breakdown by phases as noted in Paragraph C2.01.A.3 incorporates all labor, overhead, profit, Reimbursable Expenses, and Engineer’s Consultants' charges. 7. The amounts billed for Engineer’s services under Paragraph C2.01 will be based on the cumulative hours charged to the Project during the billing period by each class of Engineer’s employees times Standard Hourly Rates for each applicable billing class, plus Reimbursable Expenses and Engineer’s Consultants' charges. 8. The Standard Hourly Rates and Reimbursable Expenses Schedule will be adjusted annually (as of September 15th each calendar year) to reflect equitable changes in the compensation payable to Engineer. Changes will not be effective unless and until concurred in by the Owner and Agency. C2.02 Compensation For Reimbursable Expenses A. Owner shall pay Engineer for all Reimbursable Expenses at the rates set forth in Appendix 1 to this Exhibit C. B. Reimbursable Expenses include the expenses identified in Appendix 1 and the following: transportation (including mileage), lodging, and subsistence incidental thereto; providing and maintaining field office facilities including furnishings and utilities; toll telephone calls, mobile phone charges, and courier charges; reproduction of reports, Drawings, Specifications, bidding-related or other procurement documents, Construction Contract Documents, and similar Project-related items; and Consultants’ charges. In addition, if authorized in advance by Owner, Reimbursable Expenses will also include expenses incurred for the use of highly specialized equipment. C. The amounts payable to Engineer for Reimbursable Expenses will be the Project-related internal expenses actually incurred or allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to the Project, the latter multiplied by a factor of 1.05. C2.03 Other Provisions Concerning Payment A. Whenever Engineer is entitled to compensation for the charges of Engineer’s Consultants, those charges shall be the amounts billed by Engineer’s Consultants to Engineer times a factor of 1.10. B. Factors: The external Reimbursable Expenses and Engineer’s Consultants' factors include Engineer’s overhead and profit associated with Engineer’s responsibility for the administration of such services and costs. C. Estimated Compensation Amounts: Exhibit C –Compensation Packet BC-2: Basic Services (other than RPR) – Standard Hourly Rates Method of Payment. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 1. Engineer’s estimate of the amounts that will become payable for specified services are only estimates for planning purposes, are not binding on the parties, and are not the minimum or maximum amounts payable to Engineer under the Agreement. 2. When estimated compensation amounts have been stated herein and it subsequently becomes apparent to Engineer that the total compensation amount thus estimated will be exceeded, Engineer shall give Owner and Agency written notice thereof, allowing Owner to consider its options, including suspension or termination of Engineer's services for Owner's convenience. Upon notice, Owner and Engineer promptly shall review the matter of services remaining to be performed and compensation for such services. Owner shall either exercise its right to suspend or terminate Engineer's services for Owner's convenience, agree to such compensation exceeding said estimated amount, or agree to a reduction in the remaining services to be rendered by Engineer, so that total compensation for such services will not exceed said estimated amount when such services are completed. If Owner decides not to suspend the Engineer's services during the negotiations and Engineer exceeds the estimated amount before Owner and Engineer have agreed to an increase in the compensation due Engineer or a reduction in the remaining services, then Engineer shall be paid for all services rendered hereunder. D. To the extent necessary to verify Engineer’s charges and upon Owner’s timely request, Engineer shall make copies of such records available to Owner at no additional cost. Exhibit C – Compensation Packet AS-1: Additional Services – Standard Hourly Rates Method of Payment. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 COMPENSATION PACKET AS-1: Additional Services – Standard Hourly Rates Article 2 of the Agreement is supplemented to include the following agreement of the parties: C2.05 Compensation for Additional Services – Standard Hourly Rates Method of Payment A. Owner shall pay Engineer for Additional Services, if any, as follows: 1. General: For services of Engineer’s personnel engaged directly on the Project pursuant to Paragraph A2.01 or A2.02 of Exhibit A, except for services as a consultant or witness under Paragraph A2.01.A.20, (which if needed shall be separately negotiated based on the nature of the required consultation or testimony) an amount equal to the cumulative hours charged to the Project by each class of Engineer’s personnel times Standard Hourly Rates for each applicable billing class for all Additional Services performed on the Project, plus related Reimbursable Expenses and Engineer’s Consultant’s charges, if any. B. Compensation For Reimbursable Expenses: 1. For those Reimbursable Expenses that are not accounted for in the compensation for Basic Services under Paragraph C2.01 and are directly related to the provision of Additional Services, Owner shall pay Engineer at the rates set forth in Appendix 1 to this Exhibit C. 2. Reimbursable Expenses include the expenses identified in Appendix 1 and the following categories: transportation (including mileage), lodging, and subsistence incidental thereto; providing and maintaining field office facilities including furnishings and utilities; toll telephone calls, mobile phone charges, and courier charges; reproduction of reports, Drawings, Specifications, bidding-related or other procurement documents, Construction Contract Documents, and similar Project-related items; and Consultants’ charges. In addition, if authorized in advance by Owner, Reimbursable Expenses will also include expenses incurred for the use of highly specialized equipment. 3. The amounts payable to Engineer for Reimbursable Expenses, if any, will be the Additional Services-related internal expenses actually incurred or allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to such Additional Services, the latter multiplied by a factor of [ 1.05 ]. 4. The Reimbursable Expenses Schedule will be adjusted annually (as of [ July 1st of each calendar year]) to reflect equitable changes in the compensation payable to Engineer. Changes will not be effective unless and until concurred in by the Owner and Agency. C. Other Provisions Concerning Payment for Additional Services: 1. Whenever Engineer is entitled to compensation for the charges of Engineer’s Consultants, those charges shall be the amounts billed by Engineer’s Consultants to Engineer times a factor of [ 1.10 ]. Exhibit C – Compensation Packet AS-1: Additional Services – Standard Hourly Rates Method of Payment. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 2. Factors: The external Reimbursable Expenses and Engineer’s Consultant’s Factors include Engineer’s overhead and profit associated with Engineer’s responsibility for the administration of such services and costs. 3. To the extent necessary to verify Engineer’s charges and upon Owner’s timely request, Engineer shall make copies of such records available to Owner at cost at no cost. Exhibit C – Appendix 1: Reimbursable Expenses Schedule. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is Appendix 1 to EXHIBIT C, consisting of [ 1 ] pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated [ 9/7/2023 ]. Reimbursable Expenses Schedule Reimbursable Expenses are subject to review and adjustment per Exhibit C. Rates and charges for Reimbursable Expenses as of the date of the Agreement are: 8"x11" Copies/Impressions At cost Copies of Drawings At cost Mileage (auto) $0.625/mile Air Transportation at cost CAD Charge $ [ ]/hour Laboratory Testing at cost Health and Safety Level D $ [ ]/day Health and Safety Level C $ [ ]/day Meals and Lodging at cost Exhibit C – Appendix 2: Standard Hourly Rates Schedule. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is Appendix 2 to EXHIBIT C, consisting of [1] pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated [ 9/7/2023 ]. Standard Hourly Rates Schedule A. Standard Hourly Rates: 1. Standard Hourly Rates are set forth in this Appendix 2 to this Exhibit C and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non-project operating costs, and operating margin or profit. 2. The Standard Hourly Rates apply only as specified in Article C2. B. Schedule: Hourly rates for services performed on or after the date of the Agreement are: Reference Attached 2023 Hoyle Tanner Rate Sheet BILLING RATES AND CHARGES (Company Confidential) August 28, 2022 The following charge rates represent all Hoyle, Tanner & Associates, Inc. (Hoyle Tanner) overhead, taxes and profit, including rent, office overhead and accounting, social security, unemployment taxes, workers' compensation, liability insurance, as well as direct and fringe benefit compensation. The present charge rates for the different classifications of employees are as indicated below. Classification Rate/Hr. Classification Rate/Hr. Principal Engineer 250.00 CADD Tech Manager 147.00 Senior Technical Engineer 200.00 Senior CADD Designer 139.00 Technical Engineer 150.00 Senior CADD Technician 130.00 Senior Project Engineer 160.00 CADD Designer 113.00 Project Engineer 135.00 CADD Technician 113.00 Staff Engineer 118.00 Senior Construction Technician 158.00 Engineer 109.00 Construction Technician 110.00 Senior Project Manager 220.00 Technician 75.00 Project Manager 184.00 Senior Planner 175.00 Senior Resident Project Representative 158.00 Planner 95.00 Resident Project Representative 135.00 Land Acquisition Specialist 114.00 Senior Resident Engineer 135.00 Senior Administrative Professional 215.00 Resident Engineer 110.00 Administrative Professional 144.00 Senior Environmental Coordinator 178.00 Senior Project Assistant 112.00 Environmental Coordinator 113.00 Project Assistant 107.00 Public Outreach Coordinator 160.00 The above-quoted hourly rates are subject to adjustment under the following conditions: 1. Overtime wages paid to hourly employees at the specific request of the client, due to the Client's scheduling requirements. 2. Escalation in wages and salary costs due to normal "cost of living" increases, and merit raises due to increase in staff experience (annual review). 3. Litigation - Fees for court preparation, depositions, pretrial conferences and in court non-testimony time will be billed at two (2) times the normal billing rate. Fees for in-court testimony will be billed at three (3) times the normal billing rate. REIMBURSABLE EXPENSES - Reimbursable expenses are expenses incurred directly or indirectly in connection with the project such as, but not limited to, transportation, meals, lodging for travel, telephone, fax, postage, overnight deliveries, courier services, equipment rental, photographs and video supplies, testing and laboratory services, permit and other license fees, professional services, sales taxes, and the cost of reproductions beyond those normally required for coordination and information purposes. These expenses will be billed at cost plus a service charge of ten percent (10%), unless agreed to otherwise. OUTSIDE CONSULTANTS - Hoyle Tanner engages the specialized services of individual consultants or other companies to participate in a project, when considered necessary. The cost of outside consultants will be billed at cost plus an administration charge of ten percent (10%), unless agreed to otherwise. The billing rates and charges provided above are considered by Hoyle Tanner to be company confidential. This information, which you have requested, is being provided to you, the Client, for your consideration. You, the Client, agree that this information shall not be reproduced, divulged, or transmitted to other parties in any manner, in whole or in part, without the express written permission of Hoyle Tanner. Approved: ______________________________ Christopher R. Mulleavey, P.E. Date: August 28, 2022 President/CEO Exhibit G – Insurance. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is EXHIBIT G, consisting of [ 2 ] pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated [ 9/7/2023 ]. Insurance Paragraph 6.05 of the Agreement is supplemented to include the following agreement of the parties: G6.05 Insurance A. The limits of liability for the insurance required by Paragraph 6.05.A and 6.05.B of the Agreement are as follows: 1. By Engineer: a. Workers’ Compensation: Statutory b. Employer’s Liability -- 1) Bodily injury, each accident: $1,000,000 2) Bodily injury by disease, each employee: $1,000,000 3) Bodily injury/disease, aggregate: $1,000,000 c. General Liability -- 1) Each Occurrence (Bodily Injury and Property Damage): $1,000,000 2) General Aggregate: $2,000,000 d. Excess or Umbrella Liability -- 1) Per Occurrence: $10,000,000 2) General Aggregate: $10,000,000 e. Automobile Liability --Combined Single Limit (Bodily Injury and Property Damage): $1,000,000 f. Professional Liability – 1) Each Claim Made $5,000,000 2) Annual Aggregate $5,000,000 2. By Owner: a. Workers’ Compensation: Statutory b. Employer’s Liability -- Exhibit G – Insurance. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 1) Bodily injury, Each Accident $500,000 2) Bodily injury by Disease, Each Employee $500,000 3) Bodily injury/Disease, Aggregate $500,000 c. General Liability -- 1) General Aggregate: $2,000,000 2) Each Occurrence (Bodily Injury and Property Damage): $1,000,000 d. Excess Umbrella Liability 1) Per Occurrence: $9,000,000 2) General Aggregate: $9,000,000 e. Automobile Liability – Combined Single Limit (Bodily Injury and Property Damage): $1,000,000 f. Professional Liability – 1) Each Claim Made $1,000,000 2) Annual Aggregate $2,000,000 B. Additional Insureds: 1. The Owner shall be listed on Engineer’s general liability and excess policies as provided in Paragraph 6.07.A. 2. The Owner shall be listed on each Consultant’s insurance policies as provided in Paragraph 6.07.G. Exhibit H - Dispute Resolution. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is EXHIBIT H, consisting of [ 1 ] pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated [ 9/7/2023 ]. Dispute Resolution Paragraph 6.09 of the Agreement is supplemented to include the following agreement of the parties: H6.08 Dispute Resolution A. Mediation: Owner and Engineer agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement or the breach thereof (“Disputes”) to mediation by Michael Marks[here insert name of mediator, or mediation service]. Owner and Engineer agree to participate in the mediation process in good faith. The process shall be conducted on a confidential basis, and shall be completed within 120 days. If such mediation is unsuccessful in resolving a Dispute, then (1) the parties may mutually agree to a dispute resolution of their choice, or (2) either party may seek to have the Dispute resolved by a court of competent jurisdiction. Exhibit I - Limitations on Liability. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is EXHIBIT I, consisting of [ 1 ] pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated [ 9/7/2023 ]. Limitations of Liability Paragraph 6.11 of the Agreement is supplemented to include the following agreement of the parties: A. Limitation of Engineer’s Liability Engineer’s Liability Limited to Amount of Engineer’s Compensation: To the fullest extent permitted byLaws and Regulations, and notwithstanding any other provision of this Agreement, the total liability, in the aggregate, of Engineer and Engineer’s officers, directors, members, partners, agents, employees, and Consultants, to Owner and anyone claiming by, through, or under Owner for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from, or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract, indemnity obligations, or warranty express or implied of Engineer or Engineer’s officers, directors, members, partners, agents, employees, or Consultants shall not exceed the total compensation received by Engineer under this Agreement. B. Indemnification by Engineer: To the fullest extent permitted by Laws and Regulations, Engineer shall indemnify and hold harmless Owner and its officers, directors, members, partners, agents, employees, and its consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Engineer or Engineer’s officers, directors, members, partners, agents, employees, Consultants, or others retained by or under contract to the Engineer with respect to this Agreement or to the Project. C. Indemnification by Owner: To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or to injury to or Exhibit I - Limitations on Liability. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Owner or Owner’s officers, directors, members, partners, agents, employees, consultants, or others retained by or under contract to the Owner with respect to this Agreement or to the Project. Exhibit J - Special Provisions. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is EXHIBIT J, consisting of [ 19 ] pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated [ 9/7/2023 ]. Special Provisions Paragraph(s) [ ] of the Agreement is/are amended to include the following agreement(s) of the parties: Exhibit J Scope of Services Bartlett Bay WWTF Upgrade – Step II Predesign and Final Design Background To address effluent permit requirements, age-related needs and redundancy requirements, an upgrade of the Bartlett Bay WWTF is proposed. The following summarizes the elements of the recommended project as identified in the Preliminary Engineering Report: Liquid Stream Headworks: · 24” diameter influent sewer · 30” wide x 5’ deep influent channel · Stair screen with 3 mm (1/8-inch) bar spacings · Wash Compactor · By-pass channel with manual bar rack · New grit removal facilities, including: o 8’ diameter x 9’ deep vortex chamber o Grit pump o Grit classifier o Discharge chute to common screenings/grit dumpster · 24” diameter effluent line to Anaerobic Selectors · Headworks Building (30’ x 40’) rated for Class 1, Division I hazardous space, with a separate unclassified Electrical Room. · Provide ventilation for compliance with current NFPA 820 requirements. Biological Process · A2/O process and instrumentation modifications including: o New PLC Control Panel o Eight (8) DO Probes (one per aerobic zone) o Five (5) ORP Probes Exhibit J - Special Provisions. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 o Two (2) Ph meters (located in aerobic reactor 2) o Two (2) thermal mass flow meters, one for each blower station o Eight (8) modulating airflow control valves (one BFV for aerobic reactor) · Internal Mixed Liquor Recycle (IMLR) o Gravity flow via 10” diameter piping o Two (2) IMLR modulating valves o Two (2) magnetic flow meters · Compressed Gas Mixing System to provide complete mix for the following reactors: o Anaerobic reactors o 1st Stage – Anoxic zone o 2nd and 3rd Stages – Swing Zones o System includes: · Two (2) 20 HP rotary screw compressors (1 Duty, 1 Standby) · One (1) 240-gallon receiver tank · Master Control Panel and Valve Module Panel · Header piping and BioMix nozzles as required for each tank · Fine Bubble Aeration System Diffusers o 2nd and 3rd Stage – Swing Zones o 4th and 5th Stage – Aerobic Zones · Blowers o Blower Station 1 – 1,550 SCFM, 6.1 psi discharge (1 Duty, Common Standby) o Blower Station 2 – 1,500 SCFM, 9.3 psi discharge (1 Duty, Common Standby) · Sluice Gates o Replace four (4) 48” x 48” sluice gates and frames between 1st and 2nd stages o Replace one (1) 36” x 36” sluice gate between anaerobic and anoxic zones · Access platforms/grating/handrail gates to allow for save access to maintain electrically actuated valves and operate manually actuated valves and gates · Raise effluent weir elevation to address hydraulic constraints at peak hour flow · Tank cleaning, inspection, and if required, repair of damaged concrete. Exhibit J - Special Provisions. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 · Removal of grit and debris from existing anaerobic tank and common Oxic 1st stage and other process tankage. Intermediate Pumps: · Four (4) new screw centrifugal non-clog pumps (3 duty, 1 standby) · System capacity of 6,600 gpm @ 41’ TDH · VFDs with at least 50% turn-down capacity · Ultrasonic level control system, with backup float switch system · Back-up high-water float alarm switches in lower aeration tanks · Relocation of flow meter digital display to eye level · Replacement of suction and discharge piping gate valves Secondar Clarifiers and Pump House · Two (2) clarifier mechanism replacement packages including: o New drive unit & motor drive package o New center column, cage, and feed well o New sludge collection manifold and spiral scraper mechanisms o New Scum skimmer arm, supports, blades, scum flush o New FRP weirs, baffles, and density current baffles o New energy dissipating well (EDI) · Structural modifications to remove existing horizontal shelf · Two (2) RAS Pinch Valves and electric actuators · Two (2) WAS pumps (double disc style) and motors · One (1) WAS flow meter · Pump House Building Refurbishments o 4’ x 4’ Aluminum access hatch replacement o Pump house roof replacement o Energy efficient lighting o Pump House HVAC modifications Tertiary Filtration: · Three (3) AquaDisk Centertube Assemblies Exhibit J - Special Provisions. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 · Three (3) AquaDisk Drive Assemblies · Three (3) AquaDisk Backwash/Sludge Assemblies o Backwash shoe assembly o Backwash pumps o Backwash valves o Solids waste valves · Three (3) pressure transducer assemblies and float switches · One (1) AquaDisk Control Panel · Modifications to influent/effluent control weirs as needed to address hydraulic capacity · Demolition of existing equipment abandoned high pressure wash pumps, conduit, wire, and piping Filter Drain Pump Station · Wet well cleaning and concrete repair · New duplex submersible pumps and level controls UV System Replacement · New concrete UV channel: 26’ length x 5’ wide x 4’ deep o Upstream baffle for flow dissipation o FRP grating · Two (2) UV banks · Thirteen (13) modules per UV bank · Six (6) low-pressure amalgam lamps per module (156 total lamps, including redundancy) · Weighted gate automatic level controller · One (1) System Control Center · Two (2) Power Distribution Centers · Automatic cleaning system with one (1) hydraulic system center · Online UV transmittance controller and sensor for flow-based dosing · Water level sensor · Davit crane UV module lifting device · One (1) bridge crane and hoist for UV equipment removal/service Exhibit J - Special Provisions. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 Effluent Flow Measurement · New concrete effluent channel o Width x length to be determined based on control device selected o Location: downstream of UV channel, indoor or outdoor channel · Effluent flow measurement: o 4.5’ sharp-crested weir, or o 2’ Parshall flume · Replacement of the effluent flow meter o Ultrasonic level detector · Replacement of the effluent sampler Filter/UV Building Modifications · New 46’ long x 16’ wide building extension to the northern side of existing building for new UV and effluent channel. · Plant water tank downstream of UV channel · Plant water system (see PER Report for description and discussion) · New filter bypass slide gate · Bypass slide gates on existing UV channel · New replacement door · HVAC replacement · Plumbing fixture replacements · Energy efficient lighting · New finishes Chemical Feed and Storage · 18’ x 60’ single story building o 44’ x 16’ room for chemical storage and feed with double leaf access door to allow pallet delivery o 11 x 16’ room for electrical equipment to serve solids handling facilities and chemical storage and feed · Exterior chemical unloading panel with secondary containment · One (1) HDPE, sloped bottom, PAC Storage Tank, 6,250 gallon capacity · One (1) HDPE, sloped bottom PAC Day tank, 545 gallon capacity Exhibit J - Special Provisions. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 · One (1) plastic body, magnetic drive chemical transfer pump · One (1) PAC metering pump skid including: o Two (2) peristaltic metering pumps, 1.5-6.0 gph, discharge pressure up to 125 psi o Calibration column o Flushing connections o Pulsation dampener o Pressure relief valve o Back pressure control valve · One (1) NaOH metering pump skid including: o One (1) peristaltic metering pumps, 0.2 – 1.0 gph, discharge pressure up to 125 psi o Calibration column o Flushing connections o Pulsation dampener o Pressure relief valve o Back pressure control valve · Secondary containment · Potable water supply, tankless water heater, emergency eyewash/safety shower · HVAC to maintain chemical temperatures Plant Water: · One (1) pump skid consisting of o Three (3) variable speed vertical turbine pumps, 7.5 hp each o Design capacity 50-150 gpm @ 70psi pressure setpoint · One (1) control panel with integral VFDs · Climate controlled housing for pump skid, motors, control panel, and stilling well access · Stilling well, 3,600 gallon capacity Outfall: · 500 LF of 18” diameter HDPE DR 17 pipe, butt fusion welded · Two (2) 5’ diameter precast concrete sanitary manholes with 30” diameter cast iron covers Operations Building Exhibit J - Special Provisions. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 · 2000 sf (40’ w x 50’ l) · Main office · Kitchen/lunch room · Locker room with bathroom, shower, and laundry · Laboratory · Main electrical room with new MCC and Plant PLC · Storage room · Concrete slab on grade with frost wall foundation · CMU split face block construction · Metal standing seam roof Maintenance Garage · 2400 sf (40’ w x 80’ l) · Three (3) truck bays · Equipment storage area · Workshop area · Concrete slab on grade with frost wall foundation · Metal building construction Operations Building Sanitary Sewage Pump Station · 12” diameter SDR 35 PVC gravity sewer pipe · 4’ diameter precast concrete sanitary manholes with 30” diameter covers · 5’ diameter precast concrete wet well with aluminum access hatch · Duplex submersible pump system with level control system · 400 LF of 4” HDPE force main to influent manhole Site: · New security fence and entrance gate and security camera to be integrated into the City’s Mission system. · Minimum of 6 feet of clearance around outside of perimeter fence to allow for mowing. Currently the fence is embedded with trees, roots, etc. due to inability to mow outside of the fence. · New looped access road for sludge loading and chemical deliveries, and access to north side of aeration tanks. Exhibit J - Special Provisions. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 · Demolition and disposal of existing buildings and structures for new construction. Repurposing of the original clarifier building for DPW use will be noted as an option during final design. · New emergency back-up generator. · Improvements to site closed stormwater drainage system and new stormwater treatment practice to treat runoff from impervious surfaces. · Replacement of stream culvert · New yard hydrants · New site lighting · New yard process, plant water, and chemical piping where needed · New electrical and instrumentation conduit and wire where needed · Site restoration and landscaping Solids Stream · Two (2) covered, concrete sludge storage tanks o Capacity: 115,000 gallons each o Dimensions 28’ x 28’ x 20’ (L x W x SWD) o Freeboard = 2’ o Two (2) access hatches per tank o Pressure transducer level indication, high/low level float alarms · EnviroMix compressed gas mixing system o One (1) 10-hp rotary screw compressor, 44 cfm @ 104 psig o One (1) receiver tank, 120 gallons o 304SS header, drop legs, and BioMix nozzles o Sixteen (16) BioMix nozzles (per tank) o Master Control Panel for electrically actuated valves · One (1) Sludge Transfer Pumps o 100 GPM capacity @ 20-ft TDH o Flooded suction · Fiberglass foul air duct · Exterior sludge loading station with containment and wash down Exhibit J - Special Provisions. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 Solids Handling Solids handling at the WWTF will include hauling liquid sludge to Airport Parkway WWTF for processing and final disposal. Electrical & PLC/SCADA System Electrical Distribution Electrical Service: Retain the existing GMP primary electrical service, pad mounted transformer, and Square D 1200A main service circuit breaker. Install a neutral conductor between the existing GMP service transformer and the 1200A main electrical service circuit breaker to create a grounded 4 wire service in accordance with NEC requirements. Blower Building: Replace Blower Building MCC A with a 1200A freestanding low voltage switchboard. The proposed aeration tank blowers and selector compressors are supplied with VFDs on-board and only require a feed from a circuit breaker. The remainder of the distribution is comprised of feeders to the intermediate pump VFDs, and to other buildings. Retain existing 208/120V panel PPA. Replace the existing 30KVA transformer and the surge protector. Replace the intermediate pump VFDs. Clarifier Building: Retain existing MCC D. Upgrade starter units for clarifier drives and sludge pumps as required. Retain 208/120V panel. Replace transformer and surge protector. Filter Building: Replace existing Filter Building 480V panel PPFB. Install a neutral in the feeder from the Blower Building to create 277V for proposed UV Banks. Wire proposed UV system to the 480/277V panel to reduce the load on the 208/120V transformer and provide energy savings. Replace the existing 75KVA transformer with a 30KVA transformer. Replace the surge protector. New Headworks: Provide a 480/277V panel and surge protector, 208/120V transformer and panel. New Chemical Feed and Solids Handling: Both locations to be supplied from the new electrical room on the south end of the proposed Chemical Building. Provide a 480/277V panel and surge protector, 208/120V transformer and panel, and standalone VFDs for the sludge blowers. New Operations Building: Provide a 480/277V panel and surge protector, 208/120V transformer and main panel. Provide 208/120V sub panels in the lab/office and garage areas to provide additional circuit capacity. Install new underground feeders with spare conduits from the Blower Building distribution panel to each building. Generator and ATS Generator: Replace the existing generator with a 350KW outdoor diesel unit with weatherproof sound attenuated enclosure and base mounted fuel tank. Kohler Power Systems software was used to arrive at the recommendation for a 350KW generator. The electrical system was modeled using a non-controlled base load consisting of lighting, receptacle, and miscellaneous equipment, followed by sequential starting of the major process loads. Refer to Appendix K of the PER Report for the sizing report and single line diagram. Fuel Tank: A tank with 24-hour fuel capacity is recommended due to concerns with diesel fuel aging. The 24-hour rating is based on the fuel consumed when the engine is running at 100% rated load. A 24- hour Exhibit J - Special Provisions. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 capacity fuel cell would provide 48 hours of operation at the historical maximum demand of 171KW in 2019, and 65 hours of run time at the average demand of 129KW. Engine Fouling: To prevent engine fouling (wet stacking), a diesel generator should operate with a minimum 30% of its rated load capacity. Install a resistive load bank at the generator to increase the load during testing and exercising. Temporary Power: Install a docking station to permit the connection of a temporary generator in case the primary generator fails or requires servicing. Remote Alarms: Install a remote annunciator panel in the Operations Building to indicate generator status and alarms. Automatic Transfer Switch: Retain the ATS that was installed in 2022. Rewire it to the new generator and Blower Building distribution panel. Motor Controllers · Replace all VFDs. · Retain existing MCC motor starters at MCC D in the Clarifier Building. Upgrade components as required. · Install new standalone motor starters for process and building mechanical equipment. · New motor control centers should be provided instead of individual starters if the quantity of new starters at the location justifies it and/or to reduce the amount of physical space. Lighting · Replace all interior and exterior lighting with LED type. · Provide interior lighting controls including dimming and occupancy sensing as appropriate for each location. · Install battery powered exit and emergency lights at all locations. · Install flood lighting at aeration tank and clarifier bridges. Two head LED floods with photoelectric and motion sensors, mounted to a 1” conduit mast, is recommended as an economical alternative to large industrial flood lights. · Install wall mounted exterior lighting fixtures with photoelectric and motion sensors at each building entrance. Each light should have a switch inside the door that disables the automatic photo control. Lights that are switched off do not come on automatically at dusk unless motion is detected. · Install pole mounted site lighting at parking areas and along the plant driveways. Communications · Install underground conduits between the buildings for telephone and data communications wiring. Building Security and Fire Detection Exhibit J - Special Provisions. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 · Install a security alarm system with fire detection at the Operations Building. This location has the highest risk for burglary and fire. · Install a security alarm system with fire detection at the Operations Building. This location is the most critical to the Plant’s operation since it includes the electrical service equipment. Lightning Protection · Install a UL certified lightning protection system at each building for compliance with NFPA 820 and to provide additional protection from lightning induced surges. · The system should consist of roof mounted air terminals and a buried copper ground ring around the perimeter of the building. PLC/SCADA · Replace the existing PLC/SCADA system entirely. The new system should be comprised of new PLCs at each building connected by a fiber optic network. · Each PLC control panel should have a door mounted operator display panel for local viewing of process information. · Install a SCADA computer system consisting of two individual workstations, each with licensed SCADA software and remote access software for redundancy. · Internet connections should be provided with firewalls and virus protection. Two factor authentication should be used to control remote access. · Install a backup means to communicate the most critical PLC generated plant alarms off site in the event of an internet failure. Relay outputs from the PLC system should be wired directly to a cellular based alarm panel (Mission Communications), or an automatic telephone dialer. · Interface between the PLC system and control panels supplied by process equipment manufacturers should be hardwired I/O. Network connections to vendor supplied systems increases the risk of cyberattacks. They also require additional programming coordination between the two systems and can be a source of failure. Per the Owner’s request, the Engineer proposes to provide professional engineering services to prepare the Pre-Design and Final Design for the construction of the wastewater treatment facility upgrade as follows: 1. Pre-Design Services 1.1. Basis for Final Design · Amendment of the Bartlett Bay WWTF NPDES Discharge Permit is not required since this project will not increase the permitted flow, however, submittal of the Basis for Final Design in the Wastewater Program format is required. · The Basis for Final Design document will be prepared for review and approval. · One (1) meeting with Vermont DEC-WID is included. 1.2. Environmental Report Exhibit J - Special Provisions. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 Conduct field investigations, resource map reviews, and site observations. Complete the Vermont DEC WID Environmental Information Document and Environmental Report. The Environmental Report will include the following information: • Project Need • Project Purpose • Description of Project Scope and Design (as detailed in the PER) • Environmental Justice Considerations (impacts to a sensitive population) • Cultural, Historic, and Archaeological Resources Present • Land Use (planning, zoning, historic use) • Intergovernmental Review of Federal Programs • Wetlands, Floodplains, Coastal Zones, Wild & Scenic Rivers (potential impacts) • Fish and Wildlife and Endangered Species (potential Impacts) • Drinking Water& Groundwater Quality (potential impacts) • Air Quality, Noise and Emissions (potential impacts) • NEPA Related Considerations • Mitigation Measures and/or Alternative Plans of Action Hoyle Tanner will prepare the report and submit to VTDEC WID for their review and concurrence. We anticipate one, 2-hr. meeting to coordinate with DEC/ANR staff while completing the Environmental Review. Additionally, the scope will include developing estimates of green house gas (GHG) emissions associated with 1) hauling sludge to APWWTF and 2) pumping WAS to APWWTF. Estimates will be developed using approximate GHG emissions for the hauling vehicle and to produce the energy required for WAS pumping. 1.3. Wetland Classification and Delineation Services Wetland delineations and documentation. Delineation to be completed according to the methodology from the 1987 Corps of Engineers Wetland Delineation Manual and 2012 regional Supplement. The wetland boundary will be marked by a line of sequentially numbered WETLAND DELINEATION flags for survey and mapping by others. Field notes will be taken sufficient for documentation of the delineation and for assessment of wetland values & functions as required for a Vermont Wetland Permit. Documentation will include completion of Army Corps of Engineers Wetland Determination Data Forms and letter report, and submission to State of Vermont District Wetland Ecologist for concurrence. 1.4. Survey Survey consultant will perform the topographic survey for this project in accordance with the HTA Survey Scope of Services within the approximately 7-acre area delineated on the attached sketch.. It is assumed that facility operators will assist with access to sanitary structures, and with obtaining invert elevations/pipe diameters in those structures. All surveying activities will be conducted under the direction and supervision of a Vermont Licensed Land Surveyor. The survey will be expressed in U.S. Survey Feet, referenced vertically to NAVD 88, and horizontally to NAD 83 SPC (4400 VT). 1.5. Archaeological Resource Assessment The Archaeological Resource Assessment will entail the following tasks: Exhibit J - Special Provisions. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 · Compile project information including the project size, location, and description of proposed undertaking. · Review environmental information including soils, bedrock geology, topography, and hydrology. · Conduct a site visit to observe and photograph existing conditions, present land use, and any evidence of prior soil disturbance. · Consult the Vermont Division for Historic Preservation’s Online Resource Center (ORC) to identify known archeological sites, previous archeological surveys, and National Register listed and eligible properties and districts in the vicinity of the APE. · Examine historical maps and provide an interpretation of potential historic resources. · Photograph structures within the APE. · Assess the archeological sensitivity and potential and provide recommendations regarding Phase IB testing. The report will be prepared according to the Guidelines for Conducting Archeology in Vermont (2017). As appropriate, the report will contain text, tables, color maps and photographs. Hartgen will provide a PDF version of the draft report for the client’s review. The client will compile and submit all comments to Hartgen in a single submission. Hartgen will address one round of comments, making revisions to the report as appropriate. Hartgen will issue one hard copy and one PDF copy of the final report. 1.6. Explorations and Geotechnical Engineering Service Geotechnical Engineer will coordinate an exploration program consisting of test borings, perform soils laboratory testing and make a geotechnical evaluation of the subsurface findings relative to the foundation and earthwork associated with the proposed structures. Findings will be presented in a written report. Exploration & Testing: Based on our understanding of the proposed construction and the anticipated soil conditions, we plan to complete an exploration program consisting of up to eight test borings distributed as follows: · Headworks Building: One test boring to a depth of approximately 25 feet or refusal, whichever is shallower. · Filter Building: One test boring to a depth of approximately 25 feet or refusal, whichever is shallower. · Solids Handling Building: Two test borings to a depth of approximately 30 feet or refusal, whichever is shallower. · Operations Building and Maintenance Garage: Three test borings advanced to a depth of about 20 feet or refusal whichever is shallower. · Two test borings located along the alignments of proposed HDPE outfall piping at the northern and southern portions of the site, along the east property line. These two borings would be advanced to a depth of approximately 15 feet below ground surface, or refusal, whichever is shallower. The soils in the test borings will be sampled at 2- to 5-foot intervals using a split-spoon sampler and Standard Penetration Test (SPT) methods. If softer clays are encountered, Shelby Tube sampling will be attempted for lab sampling, and in-situ Vane Shear Tests will be performed to assess in-situ soil strength. S.W. Cole will observe and log the explorations. Exhibit J - Special Provisions. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 Geotechnical Engineer will pre-mark the site and notify Dig Safe to mark-out member utilities, using a dimensioned plan identifying the type and location of underground utilities and/or other manmade objects beneath the site. The Geotechnical Engineer will engage a private utility locator to locate underground utilities and/or other manmade objects in the immediate vicinity of proposed subsurface explorations. Neither Hoyle Tanner nor its subcontractors shall be responsible for any loss arising from damage to or contact with buried utilities and/or other manmade objects that were not brought to the attention of Hoyle Tanner and Geotechnical Engineer prior to commencement of Geotechnical Engineer’s exploration program. Soil samples obtained from the explorations will be returned to Geotechnical Engineer’s laboratory for testing. Laboratory testing may include gradations, Atterberg Limits, moisture contents and organic contents as needed to assist with classification. Geotechnical Analysis & Report: Following the subsurface exploration program and as pertinent design information becomes available, Geotechnical Engineer will evaluate the subsurface findings relative to foundation support of the proposed structures and outfall piping. Findings will be presented in a written geotechnical report including: · Summary of Subsurface Conditions (Soil, Bedrock as encountered & Groundwater) · Excavation and Dewatering Considerations · Recommendations for Site and Subgrade Preparation · Geotechnical Parameters for Shallow Foundations as appropriate • Frost Depth • Allowable Soil Bearing Capacity • Subgrade Modulus • Base Friction Factor • Estimated Post-Construction Settlement • Lateral Earth Pressures • Recommendations for Foundation Drainage · Recommendations for Ground Improvement, if necessary · Recommendations for Pile Foundations, if necessary · Seismic Site Classification (IBC 2015, N-Value Method) · Recommendations for Lateral Earth Pressure Coefficients · Recommendations for Fill, Backfill and Compaction · Suitability for Re-Use of Site Soils An exploration location plan (base plan provided by Hoyle Tanner), logs of the exploration and laboratory test results will be attached to the geotechnical report, which will be provided in reproducible portable document file (pdf) format. Geotechnical Engineer’s scope of work does not include: · one-dimensional consolidation, Atterberg Limits testing and consolidation-related settlement evaluation, if soft cohesive soils are encountered · Railroad Liability Insurance (typically required for work within 50 feet of the railroad tracks) Exhibit J - Special Provisions. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 2. Basic Services – Final Design 2.1. Preparation of Final Design Plans and Specifications The Engineer will make engineering investigations as necessary and will compile data as required for the design and drawings for the project. Drawings (plans), technical and construction specifications shall be prepared setting forth in sufficient detail the requirements for constructing the project. Specific tasks include final design, detailed construction drawings, specifications, and contract forms complete and ready for construction bids for the proposed wastewater treatment facility upgrade specified in the above background provided. The project shall be as approximately shown in the report entitled Preliminary Engineering Report dated January 30, 2023, as prepared by Hoyle, Tanner & Associates. A detailed description of the Recommended Project is provided in the above background information. This design shall include the following: · Use of existing designs, maps, soil borings, and other available information to the maximum extent feasible. · The technical specifications will be supplemented with the DEC/USDA Rural Development required “front-end” documents to make a set of construction contract documents suitable for public bidding purposes which may include: o Advertisement for Bids o Information for Bidders o Bid Form o Contract Form o General and Supplemental General Conditions o Special Conditions o Technical Specifications For the 30%, 60%, and 90% design review drafts, the sets of construction drawings, specifications, and the contract documents shall be provided by the Engineer as follows: · One (1) copy and PDF copy for the Owner · One (1) copy and PDF copy for review agencies Hoyle Tanner shall prepare documentation of the selection process for equipment and design decisions for elements of the project that potentially have significant impacts to energy usage and green house gas emissions. For the final design plans, contract documents and specifications (construction set) the Engineer will provide the following in addition to two (2) Owner’s copies: · One (1) copy and PDF copy to the FED 2.2. Engineer’s Opinion of Probable Construction Cost An opinion of probable construction cost and total project cost, based upon completed final drawings and specifications, will be furnished to the Owner and review agencies. 2.3. Preparation of Construction Phase Schedule Exhibit J - Special Provisions. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 A general schedule for the construction phase of the project will be furnished to the Owner and review agency. This schedule shall identify the following for which the construction contract work duration (continuous calendar days) is based: · Execution of the Notice to Proceed · Field work commencement · Field work seasonal stoppage/start-up (if applicable) · Substantial and/or Final Completion of Work 2.4. Design Meetings The Engineer will meet at reasonable and customary intervals to provide a close liaison with the Owner, the State of Vermont Department of Environmental Conservation (VTDEC) and other recognized authorities having jurisdiction regarding the engineering phases of the project. · Kick-off meeting · 30% review meeting · 60% review meeting · 90% review meeting 2.5. Structural Sub-Consultant’s Scope of Services · Structural design and detailing for new and existing structures: o New Headworks Building o New 2-Cell Solids Handling Structure with equipment room o New Operations and Electrical Building with Maintenance Garage o New Chemical Feed Building o UV Building addition and water pump room o Secondary Clarifiers – horizontal concrete shelf removal o Biological Process Building – concrete survey and repair detailing o Filter Treatment Structure – concrete survey and repair detailing o Platforms and Rails at Existing Aeration Tanks and Existing Clarifiers 2.6. Architectural Sub-Consultant’s Scope of Services · Code review for new structures. · Building envelope design and detailing for new and existing structures: o New Headworks Building. o Enlarge Filter Building. o New Operations Building and 3 bay maintenance garage. o New Chemical Feed and storage building. o New Blower building with new sludge tanks. · Specifications for CSI divisions 4 through 14. Exhibit J - Special Provisions. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 2.7. Mechanical Sub-Consultant’s Scope of Services · Heating and NFPA 820 compliant ventilation systems for the new headworks building. · Fuel gas system for the new headworks building. · Heating and ventilation systems for the UV expansion building. The ventilation system design will provide cooling and dehumidification of the space. · Replacement of heating and ventilation systems in the existing UV/filter building as required. · Plumbing and fuel gas systems for the filter/UV building. · Heating and NFPA 820 compliant ventilation systems for the new solids handling/chemical building. · Plumbing and fuel gas systems for the new solids handling/chemical building. · Heating, ventilating, and air conditioning systems for the new operations building. · Plumbing and fuel gas systems for the new operations building. · Heating system for the new maintenance garage. 2.8. Electrical Sub-Consultant’s Scope of Services · Design of electrical and controls systems for the new headworks building, new chemical feed building, and new operations building. · Install a neutral conductor between the existing GMP service transformer and the 1200a main electrical service breaker to create a grounded 4 wire service. · Replace Blower Building MCC A with a 1200A freestanding low voltage switchboard. Retain panel PPA. Replace 30 kVa transformer and intermediate pump VFDs. · Upgrade motor starters in the clarifier building as required for clarifier drives and sludge pumps. · Replace existing 480V panel PPFB in the Filter Building. Install a neutral in the feeder from the · Blower Building to create 277V for proposed UV banks. · Replace the existing generator with a 350 kW outdoor diesel unit with enclosure and base mounted fuel tank. The tank will be sized for a full load 24-hr operation. · Replace all interior and exterior lighting with LED type. Provide controls for dimming and occupancy as required. · Provide underground conduit for communication wiring. · Provide security and fire alarm systems for the Operations Building. · Provide NFPA 820 required lightning protection system for each building. Exhibit J - Special Provisions. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 2.9. Instrumentation and Control Sub-Consultant’s Scope of Services · Replace the existing PLC/SCADA. The new system will consist of new PLCs at each building connected by a fiber optic network. · Each PLC will have a door mounted operator display for local viewing. · Install a SCADA computer system with two individual workstations. · Provide backup means to communicate critical alarms from the PLC system. · Provide hardwired I/O connections between PLC and process equipment. 3. Special Services 3.1. Permitting Assistance A Department of Environmental Conservation & Natural Resources Board Project Review Sheet will be requested upon completion of the Environmental Information Document. A not to exceed budget has been identified for this task. The following permits are assumed to be required and are included in this scope of work: · Coordination with railroad · Department of Public Safety: The permit application will be prepared and submitted to obtain a State Construction Permit from the Division of Fire Safety. · Coordination of the Asbestos Lead Control Certification. Note, the City will contract services for asbestos and lead paint testing. Hoyle Tanner will assist the City in coordination with the testing company. The Certification shall be provided by the City-procured testing company. · Local Zoning Permit or Sign Off for Floodplains: review local zoning requirements for floodplains and demonstrate compliance for the proposed project. · City approval for the new Buildings City site plan approval may be required. The applications and exhibits will be prepared and submitted to the City Planning Department for review and approval. 3.2. Funding Assistance Provide assistance and coordination with funding agencies and with potential applications to new funding sources. A not to exceed budget has been identified for this task. 3.3. South Burlington Energy Committee Coordination Provide information to and coordination with the South Burlington Energy Committee as needed and upon request from the City. A not to exceed budget has been identified for this task. 4. Work Not Included in Scope The following tasks are not included in the scope of work and could be provided as “additional services”, if necessary, via future addendum: · Act 250 Permitting; · Stream Alteration Permitting; · Permitting assistance beyond tasks identified in the scope of work; · Design of additional project elements not identified in the recommended project as outlined in the Preliminary Engineering Report. Exhibit J - Special Provisions. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 · Construction Phase Engineering, including bid phase services, construction administration, construction inspection. Owner Responsibilities Your responsibilities under this agreement shall include: 1. Provide all available information as to the project requirements. 2. Provide access to the site(s). 3. Designate a contact person who can act with the Owner's authority regarding this project. 4. Complete careful, timely Deliverables reviews and provide comments during Deliverable meetings. 5. Attend critical meetings with the State and funding agencies if needed. END OF EXHIBIT J Exhibit K – Amendment to Owner-Engineer Agreement. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is EXHIBIT K, consisting of [ 2 ] pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated [ 9/7/2023 ]. AMENDMENT TO OWNER-ENGINEER AGREEMENT Amendment No. _____ The Effective Date of this Amendment is: ______. Background Data Effective Date of Owner-Engineer Agreement: Owner: Engineer: Project: Nature of Amendment: [Check those that are applicable and delete those that are inapplicable.] ____ Additional Services to be performed by Engineer ____ Modifications to services of Engineer ____ Modifications to responsibilities of Owner ____ Modifications of payment to Engineer ____ Modifications to time(s) for rendering services ____ Modifications to other terms and conditions of the Agreement Description of Modifications: Here describe the modifications, in as much specificity and detail as needed. Use an attachment if necessary. Agreement Summary: Original agreement amount: $_____________ Net change for prior amendments: $_____________ This amendment amount: $_____________ Adjusted Agreement amount: $_____________ Change in time for services (days or date, as applicable): ______ Exhibit K – Amendment to Owner-Engineer Agreement. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement, including those set forth in Exhibit C. Owner and Engineer hereby agree to modify the above-referenced Agreement as set forth in this Amendment. All provisions of the Agreement not modified by this or previous Amendments remain in effect. OWNER: ENGINEER: By: By: Print name: Print name: Title: Title: Date Signed: Date Signed: POLE ATTACHMENT LICENSE Green Mountain Power (“GMP”) and the City of South Burlington (“City”) hereby grant permission for ERUV Committee of Burlington, VT, Inc. (“ERUV VT”) to attach boundary markers, known as Lechi, and hereinafter referred to as the “Lechi Attachments” to certain utility poles owned by GMP in the City road and rights of way of South Burlington, Vermont. The poles to which ERUV VT may attach are depicted on the drawing designated as Exhibit “A”, attached hereto and made a part hereof. A detailed description of the Lechi Attachments, including, without limitation, all specifications reasonably requested by GMP, are depicted on the drawing designated as Exhibit “B”. This license to attach Lechi Attachments, hereinafter referred to as the “License,” is for the sole use, benefit and convenience of ERUV VT and is subject to the following terms and conditions: 1. The rights herein granted are in the nature of a revocable license, pursuant to which ERUV VT shall have the right to attach the Lechi Attachments to certain designated utility poles owned by GMP. Title to the Lechi Attachments themselves shall remain vested in ERUV VT. The presence of ERUV VT’s Lechi Attachments on the pole does not in any way vest in ERUV VT any right of ownership, possession, or control of the pole occupied, or other license or easement in the right of way in which the pole is located, regardless of the period of occupancy, however extended. 2. ERUV VT agrees that the permission herein granted shall in no way modify or restrict, and shall at all times be subject to, the existing rights of GMP to construct, relocate, operate and maintain its electric facilities attached to the said poles and of the City with respect to its roads and rights of way. 3. The permission granted to ERUV VT hereunder to attach its Lechi Attachments to GMP’s poles does not constitute a guarantee or representation that adequate space or conditions exist on such poles for the placement of ERUV VT’s Lechi Attachments. GMP will not be liable for any costs, expenses or other consequences incurred by ERUV VT or by any other person or entity as a result of the Lechi Attachments, including any delay in or inability to provide adequate space or conditions for such Lechi Attachments on such poles. In accepting this License, ERUV VT accepts said poles in their present condition as suitable for the use contemplated herein. 4. All Lechi Attachments shall be installed and maintained by ERUV VT, at its sole expense, through either a contract with GMP or by a contractor hired and paid for by ERUV VT and approved by GMP. ERUV VT on behalf of itself and any subcontractor agrees to comply with the National Electric Safety Code (“NESC”), the National Electrical Code, GMP’s standards and requirements, and any and all applicable laws, statutes and regulations, and ERUV VT shall at all times attach, maintain, remove, relocate and perform any other work with respect to its Lechi Attachments on GMP’s poles in a safe condition and in a manner reasonably satisfactory to GMP. ERUV VT agrees to obtain and maintain at its own expense any other necessary permits, if any, for the Lechi Attachments as contemplated in this License. 5. ERUV VT shall ensure that its Lechi Attachments will not interfere with third party attachments on GMP’s poles. 6. The parties do not contemplate any need to rearrange GMP or other facilities on the poles for the Lechi Attachments. In the event that is needed, the cost of any rearrangement of GMP’s facilities or any other work that may be necessary to accommodate ERUV VT’s Lechi Attachments shall be borne by ERUV VT. The cost of all such work shall be disclosed to ERUV VT in writing prior to GMP’s incurring same, and ERUV VT shall have ten (10) business days to opt-out of such costs. In the event ERUV VT timely opts out of any such costs, ERUV VT’s permission to attach the Lechi Attachment(s) related to such poles to which the costs applied shall be deemed automatically withdrawn, and GMP shall not be required to perform or otherwise proceed with such work on GMP’s facilities. 7. ERUV VT agrees to relocate any of its Lechi Attachments at its sole expense if at any time GMP or the City in their sole discretion determine that it is necessary to relocate any of the poles which are the subject of this License and requests such relocation. All such relocation activities shall be undertaken through either a contract with GMP or by a contractor hired and paid for by ERUV VT and approved by GMP. 8. GMP and the City agree that ERUV VT, upon prior written notice, may undertake removal of the Lechi attachments. ERUV VT will pay all expenses connected with such removal. Such removal shall be undertaken through either a contract with GMP or by a contractor hired and paid for by ERUV VT and approved by GMP. If ERUV VT removes all Lechi attachments contemplated under this License, this License shall then immediately terminate. 9. Notwithstanding any other provision in this License, in any event GMP or the City determine in their sole discretion that any or all of the Lechi Attachments must be removed due to any safety or emergency conditions, removal of such Lechi Attachments may occur without prior notice to ERUV VT. ERUV VT will pay all reasonable expenses connected with such removal. 10. Notwithstanding any provision herein, this License may be terminated by GMP and the City following X (X) days written notice to ERUV VT in the event that GMP and the City determine in their sole discretion that the Lechi Attachments must be removed due to operational or development considerations. 11. All activities of ERUV VT undertaken pursuant to this License shall be at the sole risk and expense of ERUV VT. 12. Nothing herein confers any rights whatsoever in ERUV VT, any user of the Lechi Attachments for traveling, or any other entity to occupy, travel over or use private property near, between, or adjacent to the poles subject to this License. ERUV VT will ensure any depiction of the Lechi Attachments traveling area clearly indicates that it extends only to public roads and public rights of way. 13. ERUV VT warrants that those using the Lechi Attachments for traveling in the vicinity of GMP facilities will not have reason or need to come into contact with such facilities. ERUV VT shall warn all persons working on or around or using the Lechi Attachments for any reason whom ERUV VT knows or should reasonably anticipate of the danger inherent in making contact with electrical facilities, electrical conductors and of the National Electrical Safety Code and regulations of the Occupational Safety and Health Administration regarding safety and maintaining distance from such facilities. 14. ERUV VT agrees to notify or have its approved contractor notify ___________ of GMP at __________________, telephone number _______________, email address __________________ at least two (2) days prior to commencing any activities contemplated under this License, and all notices to GMP shall be to this address. All notices to ERUV VT shall be addressed to _____________________, telephone number _______________, email address _____________________ . All notices to the City shall be addressed to _____________, telephone number ________________, email address ________________. 15. To the extent permitted by applicable law, ERUV VT shall and does hereby agree to indemnify and save harmless and defend GMP and the City from the payment of any sum or sums of money to any person whomever (including third persons, subcontractors, ERUV VT, Company, and agents and employees of them) on account of claims or suits growing out of injuries to persons including death, or damage to property including property of GMP or the City, in any way attributable to or arising out of the use of the Lechi Attachments and the above described poles by ERUV VT as provided in this License, including, but without limiting the generality of the foregoing, all liens, garnishments, attachments, claims, suits, judgments, costs, attorney’s fees, cost of investigation and of defense, and excepting only those situations where the injuries and damages claimed have been caused by reason of the sole negligence on the part of GMP or the City, their agents or employees. In the event of a claim or suit, GMP and the City, at their option, shall have the sole control of any defense or settlement of a claim against them. ERUV VT shall promptly make full payment to any claimant or judgment holder upon the settlement of any claim or final resolution of any suit. ERUV VT shall not have the right to settle any claim or suit without the prior written approval of GMP or the City, as applicable in accordance with the claim(s) or suit(s) presented. ERUV VT, having accepted the poles in their present condition and location, hereby agrees that if any claim arises due to the condition of the poles or the suitability of said poles for the use intended in this License, such shall not be deemed any negligence on the part of GMP or the City. 16. In no event shall the City or GMP be liable to ERUV VT for any interference with ERUV VT’s Lechi Attachments, and neither will be liable in any event to ERUV VT for any incidental, special or consequential damages. 17. Throughout the term of this License, ERUV VT shall maintain insurance coverage which is reasonably sufficient to protect against any claims arising from or related to this License. ERUV VT shall have the option of providing insurance coverage using one of the following methods: (1) ERUV VT can name GMP and the City as an additional insureds on an existing commercial policy for general liability with coverage of one million dollars ($1,000,000.00) per occurrence and in the aggregate for bodily injury and property damage; or (2) ERUV VT can purchase a commercial general liability policy with GMP and the City as beneficiaries with coverage of one million dollars ($1,000,000.00) per occurrence and in the aggregate for bodily injury and property damage. Under either option for providing insurance coverage, the insurance policy must state that the insurance company is waiving any right of subrogation against GMP and the City, and the limits of such coverage shall not limit the amount of indemnity ERUV VT may owe under this License. ERUV VT shall provide reasonably sufficient proof of insurance upon request. 18. ERUV VT’s failure to comply with any provision of this License shall be grounds for termination if not satisfactorily cured within X (X) days of notification of such failure. 19. ERUV VT shall remove, either through a contract with GMP or by a contractor approved by GMP, as ERUV VT may determine, all of its Lechi Attachments from GMP’s poles no later than ten (10) days after this License is terminated. If ERUV VT fails to remove all Lechi Attachments within ten (10) days after this License is terminated, then GMP shall be entitled to remove any remaining Lechi Attachments at ERUV VT’s sole cost and expense and without any liability therefor. 20. ERUV VT shall not assign any right or obligation under this License. 21. This License constitutes the full and complete agreement between the parties hereto and said parties shall not be bound by any statement, term or condition not herein expressed. Any alteration or amendment to this License must be in writing, executed by the parties hereto and by reference incorporated herein. 22. This License shall be governed by and construed in accordance with Vermont law and jurisdiction shall lie with the courts of the State of Vermont courts The parties waive any right to a jury trial for the adjudication of any disputes arising from the performance or non-performance of the obligations under this License. 23. All notices or communications hereunder shall be sent in writing delivered either personally or by email, facsimile, mail, courier, or similar reliable means of dispatch, addressed as set forth in this License. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals and this License has become effective this ____ day of ______, 2023. Green Mountain Power By: ________________________________ Title: ________________________________ Date: ________________________________ City of South Burlington By: ________________________________ Title: ________________________________ Date: ________________________________ ERUV Committee of Burlington, VT, Inc. By: ________________________________ Title: ________________________________ Date: ________________________________ EXHIBIT A MAP OF LOCATIONS Description of Lechi Attachments South Burlington Fire Department 575 Dorset Street South Burlington, VT 05403 (802) 846-4110 Fax (802) 846-4125 To: Jessie Baker, City Manager City Council From: Lou Bresee, Energy Projects Manager Steven A. Locke, Fire Chief RE: Fuel Cards for Fire Apparatus Date September 11, 2023 Currently the fire apparatus housed at Station 2 on Holmes Road travel to the fueling station adjacent to Public Works on Landfill Road for fuel approximately every day and one half. It is proposed to provide fuel fleet cards, so that the apparatus can be refueled at a nearby station on Shelburne Road. The plan is to have one card assigned to each vehicle that may have use for it. The best station to use is the Mobile station on the corner of Allen Road because of the easy entrance and exit for large vehicles. This Mobile station is operated by SB Collins, the same firm that supplies fuel at the Public Works site. The two locations do not use the same accounting system at SB Collins, so we have been requested to establish a new account to implement the use of the fuel cards. The advantages of this action are as follows: • The time involved by the crew for refueling each day will be reduced by at least ½ hour. • The crew and vehicle will stay in the desired service area. • Fuel savings per year will be approximately 1,226 gallons and $4,905. • Green House Gas savings will be approximately 12.5 mtCO2e. Thank you in advance for your anticipated support. We look forward to answering any questions you may have. 1 South Burlington City Charter Committee Recommendations to the City Council September 18, 2023 City Council’s Direction to the Charter Committee As part of the South Burlington City Council’s Fiscal Year 2022 Policy Priorities and Strategies, the Council identified consideration of “charter changes related to governance” as a priority. The Council passed a resolution on February 22, 2022, convening the Charter Committee to consider updates to the City’s municipal charter. The resolution stated that the Council wanted “to explore governance structures to ensure that voices are equitably represented at policy making tables.” It also sought to be sure the South Burlington School Board was represented in the governance discussions. The Council then requested that the School Board appoint two of its members to the Charter Committee. The Council charged the Charter Committee with considering governance models and language updates to the city charter. It directed the committee to “engage in a community feedback process” to “solicit feedback from South Burlington residents on governance models.” The Council asked that the committee finish its work by July 2023. Overview of Charter Change Process In order to amend the City Charter, the Charter Committee first sends any recommended changes to the City Council. The Council can approve, amend, or reject the recommendations, which, if approved, then go before the South Burlington voters. If the voters approve the recommendations, the changes then go to the State Legislature for a vote and, if approved, to the Governor for signature. Charter Changes Considered The Charter Committee considered different options for Chief Executive of the City: A City Council/City Manager system (currently the South Burlington model) A City Council/City Manager system with a policy or “weak” mayor who serves as City Council Chair but has no executive function An administrative or “strong” mayor system where the mayor is the CEO of the city The Committee also considered the composition of the City Council and the School Board. Section 13.302 of the City Charter limits City Council and School Board membership to 5 members each. The Committee looked into whether that number is still viable for each body or whether it should be increased for one or both. In addition, the Committee studied the question of whether the City's voters should continue to elect City Councilors and School Board Directors at large or whether it would recommend moving to a “ward” or district system or a hybrid system of some elected at large and some elected by ward. 2 After a brief discussion of increasing the number of members of the City Planning Commission from 7 to 9 the Committee asked the Planning Commission to assess this idea. It did so, voting 5 to 1 with one abstention to maintain the status quo and stay with 7 members. Those in the majority felt that 9 members could be unwieldy and “counterproductive.” Council Liaison Emery brought the issue back to the City Council to see if they wanted the Charter Committee to continue pursuing it, and she reported that the Council saw no reason to counteract the Planning Commission’s decision to remain at 7 members. This topic was then tabled with no further action by the Charter Committee. The notion of electing members to the Planning Commission versus appointments by the City Council as a means to improve equitable representation was brought up in various community forums. The Charter Committee did not discuss this issue. The Committee also looked at language changes to make the charter gender neutral. However, the legislature had already modernized the charter’s language in 2021 without the city’s involvement, requiring no action by the Committee. Charter Committee Process Interviews on governance structure The Charter Committee interviewed four Vermont experts on different forms of city governance: Montpelier City Manager Bill Fraser on the council/manager form of government (12 October 2022) Winooski Mayor Kristine Lott on the policy/“weak” mayor form of government (12 October 2022) Rutland Mayor David Allaire on the administrative/“strong” mayor form of government (9 November 2022) South Burlington City Council Chair Helen Riehle on the council/manager form of government (14 December 2022) Committee members asked these individuals a variety of questions related to their specific position, including: How long they had served in the position What qualifications they felt were needed to serve in the position Their thoughts on the various forms of governance the committee was considering (pros and cons) Their thoughts on the best size for City Councils Their thoughts on the use of political affiliations in campaigning for office How each described their management practice and their role (or not) as “face of the city” Their thoughts on at-large vs ward systems The hours they committed to their city position and the salaries or stipends they were paid 3 The cost of campaigning Any additional thoughts on city government structure Their thoughts and comments can be reviewed in the Charter Committee meeting minutes. List of pros and cons The Committee worked hard creating and rewriting a list of possible advantages/pros and disadvantages/cons for each possible charter change, including the status quo. That chart appears at the end of this recommendation. Community outreach – survey, forums, other meetings The Committee engaged in community outreach to determine the views of South Burlington citizens on the governance structures we were considering. It deliberated on the questions we were trying to answer and developed a community survey that allowed votes for the different options as well as the opportunity to provide open-ended responses. City Manager Jessie Baker developed a document with a message from the Charter Committee, the Committee’s list of pros and cons, and a link to the survey. See https://www.southburlingtonvt.gov/government/city_committees_boards/2023_city_charter_com munity_feedback.php. The survey was publicized in the online City News newsletter, three editions of the Other Paper, and Front Porch Forum emails. Fliers were posted at City Hall to encourage people to take the survey. The South Burlington Business Association advertised our desire for feedback and our survey at one of their membership meetings. Jessie Baker collated the community survey results, which were posted on the above website. The committee held two community forums, Wednesday, May 10 and Thursday, May 25, from 7-9 p.m. in the City Hall auditorium. The forums were recorded and the videos appear on the website given above. Committee members also spoke with parents at PTO meetings and with members at a Rotary meeting. At each of the meetings, the committee chair encouraged attendees to share the survey and their own thoughts on the governance structures with their neighbors after the meeting. Review of public input and feedback Forums May 10, 2022 and May 25, 2022 - Brief review of comments made: Concern of using legislative districts as wards because legislative districts may not be current in the actual distribution of the City population, demographics, and diversity and they will change every ten years due to the census Wards vs at-large representation (this was a topic of significant and diverse discussion) Possibility of electing Planning Commission members was raised 4 Support for a non-partisan system was a consistent theme. Residents expressed concern over having elections involving political party candidates. (This concern was consistent at hearings, in forums and in survey responses.) At the May 10 meeting, in a straw vote ½ attendees favored wards and ½ at-large representations The Chair of the Board of Civil Authority requested expansion of the size of the BCA if possible. This was based on his perspective that the BCA members would support this expansion. Concern that expanding the School Board may not generate a sufficient number of candidates The concept of Ranked Choice voting in various formats was mentioned The Mayor form of government was not supported by the majority of commentors The possibility of elections in November with larger voter turnout was expressed Minutes from the public input sessions are attached to the agendas for the June 22 meeting of the Charter Committee. Survey There were 175 responses to the Charter Committee survey. Ninety-eight percent of the respondents were South Burlington residents from a variety of districts though not in equal numbers (24% from CHI-8, 17% from CHI-9, 14% from CHI-10, 16% from CHI-11, 27% from CHI-12). Eighteen percent of respondents said they had attended a community meeting on the charter issues. Eighty-five percent said they had reviewed the Committee’s spreadsheet of pros and cons. Seventy-seven percent of respondents did not have children in the city’s schools. (Note: the survey was not designed or intended to be a statistically valid survey.) For the Chief Executive question, 64% preferred the City Manager form of government, 19% wanted to see an executive mayor, and 17% favored a policy mayor. For City Council, 54% preferred a City Council of 5 members and 46% wanted to increase that number. For those wanting to increase the number, many comments suggested 7 councilors, while a few mentioned 8, 9, or 10. Regarding voting districts for City Council, 37% favored continuing to vote at large, 33% favored electing members from the five legislative districts, and 30% favored a combination of at large and districts. For School Board, 60% favored the current number of School Board Directors and 40% preferred increasing that number. For those wanting to increase the number, many comments suggested 7 School Board members, while a few mentioned 10. Regarding voting districts for School Board, 52% favored voting for School Board Directors at large, 24% preferred election by legislative districts, and 24% preferred a combination of at large and districts. Many respondents provided written comments in their survey responses. These comments were consistent with input from the hearings. The survey results and written comments can be found at the link at the end of this report. 5 Comments at Regular Committee Meetings Many of those who attended the Committee’s regular meetings advocated in favor of a ward system. They argued that election by wards would lead to broader participation by South Burlington citizens and ensure that the Council is more responsive to the concerns of all citizens. Though it would not guarantee diversity, these commenters believed that election by district would make it more likely for all citizens to have a voice at the City Council. South Burlington resident Dan Albrecht prepared a handout for the Committee with demographic information on each of the census tracts. The handout also showed South Burlington’s legislative districts overlaid with a map of single-unit and multi-unit housing in the city. Dan suggested South Burlington could draw our own voting districts without difficulty. He distributed another handout to the Committee showing the demographics of South Burlington’s four census districts with data from the 2020 census, highlighting the different median incomes and rates of poverty in the districts. The comments of members of the public can be reviewed in the Charter Committee meeting minutes. Recommendations of the Charter Committee Chief Executive The Committee unanimously recommends that there be no change to the City’s chief executive structure. Based on public feedback, the Committee found that South Burlington citizens did not want to make a change from the current form of government. In the survey, 64% preferred the City Manager form of government. A City Manager is a professional, neutral administrator who provides continuity to City operations, and a City Councilor elected by the Council to be Chair serves many of the same functions as a policy mayor. City Council With a unanimous vote, the Committee recommends an increase in the number of City Councilors. An increase could increase demographic representation, allow councilors to mentor newer members, permit more Councilors to have discussions without violating the open meeting law, and enable retention of more institutional memory when there is turnover in the Council. In the survey, 54% preferred a City Council of 5 members and 46% wanted to increase that number, close to the same. Should the City Council agree to an expansion of the number of Councilors, the Charter Committee would be interested in exploring the appropriate number. The Committee could not reach a consensus on whether councilors should be elected by district, at large, or some combination of the two (five by district and two at large, for example). Regarding voting districts for City Council, in our survey, 37% favored continuing to vote at large, 33% favored electing members from the five legislative districts, and 30% favored a combination of at large and districts. The Committee takes this to mean that 37% favored the current system and 63% favored an option other than the current system. Many comments suggested that the wards should be different from the legislative districts. We recommend that 6 the City Council further consider the possibility of voting for councilors by wards, but the Committee did not agree on whether to recommend the change. Some felt that diverse representation could be encouraged by the use of wards. Four out of five City Councilors currently live in the city’s Southeast Quadrant, and moving to voting by wards would mean that different areas of the city are represented on the council. Many people do not feel represented in city government and a ward system could lead to increased accountability and representation, as well as a more inclusive government with diverse ideas. A ward system could also lead to lower costs for campaigns, and the Committee has heard that large campaigns may become very expensive. Some believe that the council should put a ward system on the ballot for the voters to choose. Moving to wards with an expanded number of council members would involve a great deal of consideration, particularly if the boundaries of the wards differ from the legislative district boundaries. Issues would include the number of wards and geographic considerations, the frequency of revising ward boundaries when population shifts occur, and polling locations and staffing. Others felt that a change to wards was unnecessary because all councilors represent the entire community and understand issues facing all citizens in South Burlington. Councilors from different wards may be too interested in their own ward’s issues, rather than considering what is best for the entire city. That may lead to “horse trading” in the city council. Further, it may be difficult to find candidates in each ward who are willing to serve. Some comments expressed concern about using legislative districts for city elections because they are subject to change every ten years, with input and recommendations by the City Board of Civil Authority but ultimately determined by the legislature. The consensus in the Committee, however, is that, if wards were used, it would be too confusing for voters for the city to create different wards, distinct from the legislative districts. It is also unclear who would draw these new wards. In addition, city-created wards would likely have to change periodically too, due to new data and ultimately approved by the Legislature. School Board With a unanimous vote, the Committee recommends an increase in the number of School Board Directors. At their August 2, 2023 meeting, all current School Board Directors spoke in favor of expanding the Board. The Committee had also heard from past School Board Directors in favor of an increase. While 60% of survey respondents favored the current number of School Board Directors, only a quarter of total respondents had children in the South Burlington schools. The School Board works in committees that, among other responsibilities, negotiate with teachers, administrators, and staff, and five people is not enough to do that work without it being a substantial burden. The addition of more Directors could increase engagement and involve diverse perspectives, and allow more Directors to have discussions without violating the open meeting laws. The Committee does not recommend a particular number of Directors, though 6 to 8 were most frequently mentioned in the survey and forums. With a unanimous vote, the Committee recommends that South Burlington continue electing School Board Directors at large. At their August 2, 2023 meeting, all current School Board Directors spoke in favor of having at-large elections for the Board. In the survey, 52% 7 favored voting for School Board Directors at large, 24% preferred election by legislative districts, and 24% preferred a combination of at large and districts. The Committee takes this to mean that 52% favored the current system and 48% favored an option other than the current system. Directors all represent a single school district with a state-mandated curriculum and most school issues are not localized. Additional Items The Committee discussed other means of addressing concerns about under-representation of certain areas or demographics in city government. This is not a comprehensive list of ideas to further enhance equitable representation. The Committee was unable to analyze these complex options in detail during the time available. One option was alternative election methods such as ranked-choice voting or instant runoff voting. Another creative option might be, if a two-year term and a three-year term were on the ballot, the top vote-getter could have the three-year seat and the individual with the second most votes could have the two-year seat. The Committee believes these options should or could receive further consideration. Another option could be a form of public campaign financing or spending cap to reduce spending and the influence of money in local elections and level the playing field for candidates. However, the City Attorney advised the Committee that this would be very difficult to do at a city level. Finally, the Committee notes that the public raised several issues in our forums and survey that were beyond the Committee’s charge, such as whether the Planning Commission should be elected. The Committee suggests that the City Council review the survey responses to our final, open-ended question for community feedback on this process and other, unrelated topics. Appreciation The Charter Committee thanks City Manager Jessie Baker for her truly invaluable assistance with this process and City Attorney Colin McNeil for his good counsel throughout. We appreciate Sue Alenick’s clear minutes of our meetings, including the public forums. The Committee also acknowledges Councilor Meaghan Emery, our Council Liaison. Charter Committee Members Peter Taylor, Chair Wendell Coleman Chuck Hafter, Vice Chair Paul Engels Donna Kinville, Clerk Elizabeth Fitzgerald Kate Bailey Carter Higgins Travia Childs Anne LaLonde 8 Attachments: Charter Committee Pros/Cons document Charter Committee handout seeking public feedback (attached to Jessie’s May 3 email to the committee) Dan Albrecht’s one-page handout on Demographics of South Burlington’s 4 Census Districts Elizabeth Fitzgerald’s letter on behalf of former School Board Directors Link to synopsis of survey data (including all written comments as shared by the community) Minutes of July 12 Charter Committee meeting South Burlington Charter Committee Evaluation of Possible Governance Structures April 12, 2023 Key Questions Options Pros/Advantages Cons/Disadvantages Chief Executive? Strong/ Administrative Mayor (no City Manager) Elected Clear leader with recognized authority who sets theCity’s policy vision and moves policy forwardClear point of contact for constituent concernsCity resident elected by the City’s votersSpokesperson for the City, including representing itsinterests in Montpelier and with the VT FederaldelegationCeremonial head of the CityHires own staff, which encourages innovationMayoral system easy for citizens to understandCandidates would be limited to City residents and maynot have professional qualificationsCity Manager position would be eliminatedGovernance could be seen as partisan or overlypoliticalVeto power could cause conflicts with council oroverride council’s decisions Full‐time job could be a barrier to entry for potentialcandidatesCitywide campaign could be expensive, anotherbarrier for candidatesCampaign donations may raise suspicion of favoritismin later policy decisionsCampaign could encourage or allow endorsement byCity employees or employee groups, which couldconflict with City policyHires own staff, which could be done for reasons otherthan professional abilityCould become entrenched as an incumbent, difficultto vote outCity Manager (no Mayor) Appointed Selected based on professional qualifications, such asexpertise, professional experienceNeutral, non‐political decisionmakerProvides continuity to City operationsRuns day‐to‐day operation of City so elected officialscan focus on policy mattersStays current on managerial and financial issuesthrough continual education and professionaldevelopmentHires and fires professional staff and protects themfrom political influenceAvailable for citizen concernsCouncil can remove manager for poor performancePotentially not connected to communityHas unelected authority and may not respect Council’srole as policymaker or implement the Council’spoliciesMay use the position to try to manipulate and controlthe Council and may form ‘favorites’ with CouncilorsCity Manager system difficult for citizens tounderstandCouncil’s ability to remove manager could incurexpense due to employment contract1 South Burlington Charter Committee Evaluation of Possible Governance Structures April 12, 2023 Key Questions Options Pros/Advantages Cons/Disadvantages Political Leader? “Weak”/Policy Mayor (with City Manager) Elected Clear, recognizable leader of the CityClear point of contact for constituent concernsCity resident elected by the City’s votersSpokesperson and ceremonial head for the CityCan help bring consensus to Council as active chairSupported by a professional City Manager and canprovide support and guidance to ManagerCan be a part‐time position so more potentialcandidates may be able and willing to runMayoral system easy for citizens to understandPotential for conflicts between Policy Mayor andCouncil; Council may not support Policy MayorPosition has little statutory powerMayor may not accept limited role and may try to actas an Administrative MayorCitywide campaign could be expensive, a barrier formany candidatesCity Manager may have less authority to act for theCityMay not always be available for citizen concerns ifpart‐time positionNature of position may be confusing to citizensCouncil Chair (with City Manager) Elected as Councilor; chosen by fellow Councilors to be chair Works to build consensus, encourages collaboration,and listens to all councilorsMay be more of a “team spirit” than a system with aseparate mayorCity resident elected by the City’s votersCan be replaced every year by other CouncilorsProvides many of the same services as a Policy MayorSupported by a professional City Manager and canprovide support and guidance to ManagerNot elected as Chair by City residentsUnclear who is the spokesperson for the CityLess of a clear point of contact for residents than witha MayorNature of the role may be confusing to votersChair may lack sufficient political influence in lobbying,obtaining grants, etc.Potential for Chair conflict with Manager2 South Burlington Charter Committee Evaluation of Possible Governance Structures April 12, 2023 Key Questions Options Pros/Advantages Cons/Disadvantages Council Composition? 5 Councilors Easier to find candidates to serveEasier to hold more efficient meetings, havecooperation and team buildingEasier to arrange meetings that all Councilors canattendEasier communication with the City Manager and theresidentsIf legislative district (ward) based, voting logistics aresimpler if just one Councilor per district (ward)Less expensive for City to pay fewer stipendsMay represent fewer perspectivesToo much work for each CouncilorMore difficult to get a quorumOnly takes three Councilors to dismiss the cityManagerMore than 5 Councilors More perspectives will be representedMay mean greater expertise, different skill sets incouncilSpreads out the work of the council to more peopleand may allow for extra activities such assubcommitteesCouncilors will be able to miss meetings or recusethemselves when necessary and there will still be aquorumMore difficult to reach consensus; more voices couldlead to more conflict or factionsDeliberations could get bogged down with moreCouncilors, possibly leading to less efficient meetingsDifficult to find more candidates to runAdding subcommittees could take up more ofCouncilors’ time and create additional staff workMore expensive for City to pay more stipends andincrease staff support and time commitment3 South Burlington Charter Committee Evaluation of Possible Governance Structures April 12, 2023 Key Questions Options Pros/Advantages Cons/Disadvantages Geographic Representation? For School Board and City Council Elected at large All councilors have a city‐wide perspectiveMore people will be eligible to run for a council seatResidents from any legislative district (ward) can reachout to any councilor for assistanceVoting logistics for at‐large (city‐wide) election aresimpler for residents and the Clerk’s officeMay be unrepresentative of the entire City due toinequitable geographic representationDifficult for councilors to represent all residents of theCity rather than just those in their legislative district(ward)Running for city‐wide office may be expensive andtime‐consumingElected by legislative district (ward) Residents more engaged with their Councilor at aneighborhood levelLegislative districts (wards) could correspond toexisting legislative districts with simpler votinglogistics, if only 5 CouncilorsFamiliarity with localized issuesMore affordable and less time consuming forcandidates to campaign in their legislative district(ward)Smaller candidate pool may encourage morecandidatesAssuming the 5 legislative boundaries determine thedistricts (wards), it’s easier to have 5 or 10 Councilors(one or two from each district). It may be lessconfusing for voters than a mixture of geographicrepresentation.Potential to lose city‐wide perspective and, to bereelected, Councilors may have to prioritize their ownlegislative district (ward)May be difficult to find a candidate to run in eachlegislative district (ward)Smaller candidate pool may lead to more candidatesrunning unopposed, so possibly less voter choiceSome potential candidates (including currentcouncilors) may not be able to serveConfusing to voters to have one Councilor perlegislative district (ward) plus more at‐large, if over 5CouncilorsIf legislative boundaries determine wards, theLegislature (not the City) determines the districts(wards); redistricting every 10 years could causeconfusionIf the number of Councilors is between 5 and 10 it mayconfuse voters to have one per legislative district(ward) plus one or more at large.4 South Burlington Charter Committee Evaluation of Possible Governance Structures April 12, 2023 Key Questions Options Pros/Advantages Cons/Disadvantages South Burlington Board of School Directors Composition? 5 Directors Easier to find candidates to serveEasier to hold more efficient meetings, havecooperation and team buildingEasier to arrange meetings that all Directors canattendEasier communication with the Superintendent andthe residentsIf legislative district (ward) based, voting logistics aresimpler if just one Director per district (ward)Less expensive for City to pay fewer stipendsMay represent fewer perspectivesMembers often work on multiple committees andbargaining groups which creates a high workloadMore difficult to get a quorumOnly takes three Directors to dismiss theSuperintendentMore than 5 Directors More perspectives will be representedMay mean greater expertise, different skill sets inSchool BoardSpreads out the work of the Directors to more peopleand may allow for extra activities such as moresubcommitteesDirectors will be able to miss meetings or recusethemselves when necessary and there will still be aquorumMore contacts for the public and more outreach to thecommunityMore difficult to reach consensus; more voices couldlead to more conflict or factionsDeliberations could get bogged down with moreDirectors, possibly leading to less efficient meetingsDifficult to find more candidates to runMore subcommittees could take up more of Directors’time and create additional staff workMore expensive for School to pay more stipends andincrease staff support and time commitment5 2023 City Charter Community Feedback • Should South Burlington have a Mayor? • Should South Burlington expand its City Council and/or School Board? • Should South Burlington elect City Councilors and/or School Directors by District? Or should they run City-Wide/at-Large? Learn more and provide feedback! • Learn about the advantages and disadvantages of governance models: �nyurl.com/sbgovproscons • Learn about the Charter Commitee’s efforts to date: �nyurl.com/sbgov • Complete a survey on possible governance structures for South Burlington: �nyurl.com/sbgovsurvey • And par�cipate in upcoming community forums! o May 10, 2023 from 7:00 to 9:00 PM in the Auditorium at 180 Market Street o May 25, 2023 from 7:00 to 9:00 PM in the Auditorium at 180 Market Street What is a city charter and why talk about it now? In Vermont a charter is State law that outlines how a city or town is governed. It lays out the organization, powers, duties and functions of city or town government. The South Burlington City Council has directed the City Charter Committee to consider possible governance structures for the City. The Charter Committee has embarked on a one-year project to compare various forms of city government, seek public input, and respond with recommendations to the Council in September of 2023. For any recommendations to become part of the City Charter, the City Council must approve them, the City voters must vote to approve the Council’s final version, the State Legislature must vote to amend the Charter, and the Governor must sign that bill into law. How is South Burlington currently organized? South Burlington has 20,282 residents and is the 2nd largest city in the state of Vermont. • The City has five members on its Council, each elected at large by all registered voters. • The City’s Chief Executive Officer is the City Manager who is hired by and serves at the pleasure of the City Council. • The City has five members on its School Board, each elected at large by all registered voters. • The City consists of five Legislative Districts each having approximately 3,500 to 4,000 residents. Learn more here: �nyurl.com/sbgov November 2, 2022 As former members of the South Burlington School Board, we are writing to encourage and support the expansion of elected Board membership from five to seven members. We are aware that the City Council is also considering this organizational change and believe that expanding representation on the School Board and Council reflects the growth in our city and the increasingly complex needs that demand time and attention, diverse expertise, community input, and taxpayer support. The chart below documents the Districts and Supervisory Unions (SUs) that make up Chittenden County public schools. The average number of Board members across these seven organizations is just over 9 people. Even if you exclude the SUs from the calculation the average board members is about 7 members. The large SU’s are comprised of several towns, which elect school board representatives for their respective populations. These are larger Boards which represent unique geographic interests. Though South Burlington is not as geographically diverse, the increasing enrollment and required taxpayer‐approved budget support a broader base of representation, as evidenced below with over eight board members as a comparative target DISTRICT/SU ENROLLMENT 2022‐23 BUDGET (3) # BOARD MEMBERS (4) NO. FACILITIES Burlington 3260 (1) $98 MN 12 9 Essex Westford (SU) 4143 (2) 86 MN 10 9 Chittenden East (SU) 2600 52 MN 15 8 Chittenden South (SU) 3877 89 MN 12 5‐6 Colchester 2100 48 MN 5 5 Winooski 800 21 MN 5 2 South Burlington 2600 58 MN 5 5 Chittenden Cty. Avg. 2,768 $64.6 MN 9.1 Avg without SUs 2,190 $56.3 MN 6.8 (1) May need to be adjusted for some of 256 Tech Ctr. Students (2) Adjusted for 357 Tech Ctr. Students (3) Annual Operating Budget (excludes Bonds…) (4) Excludes student members Then, there is the work of the Board. We want to encourage people to volunteer for Board service and recognize that the minimum number of warned meetings alone can be 30‐40/year. In the period between the last election in March of this year and the prior year, there were 40 warned meetings. The full Board was not available for 35% of those meetings, with only 3‐4 members present. This has the potential to limit the work the Board can accomplish and result in tied votes on motions, which would fail as a result and stall board efforts. This is exacerbated when Board members may have to recuse themselves from voting due to conflicts of interest, as may be the case with the current Board regarding collective bargaining contracts. Expanding the number of Board seats would enhance some critical mass of Board attendance, discussion of issues, and ultimately, action. Adding staggered terms for the newly added members would encourage effective onboarding of new Board members and continuity of decision‐making capacity related to matters before the Board at the time of election.. Boards around the state often work through sub‐committees, which reflect their unique interests and may align with their professional and life experience. This structure allows “deeper dives” in such areas as a) Community Engagement, b)Finance, Facilities, and Operations, c) Policy and Governance, d) Diversity, Equity, and Inclusion, and e) Personnel and Curriculum, , without violating the open meeting law. These sub‐committees would have responsibility to report to the full Board with information and/or recommendations for Board action. Of course, other sub‐committees are formed on more of a short‐ term basis, at the discretion of the Board and with Administrative support. An expanded Board would allow full participation in this sub‐committee work without unduly taxing the same elected representatives repeatedly. This would, hopefully, encourage broader community participation in running for election and re‐election to the Board. The challenges facing school boards across the state are many. By way of example, the funding formula for public education based on weighted pupils has changed and will directly impact the resources available to the South Burlington school district; special education grant funding has changed; three of our facilities are overcrowded resulting in short‐term fixes costing millions of dollars; learning losses and social‐emotional needs associated with COVID affect many of our students; staff are stretched thin on a daily basis; healthcare costs are expected to increase by almost 13%; and one‐time ESSER funds are expiring. This is an opportunity to shore up community oversight and representation over one of South Burlington’s vital assets, it’s public school system. The reputation of the school district is what has attracted many of our burgeoning population to South Burlington, and it is what keeps families here long after their children have grown. We urge you to recommend an increase of the School Board to seven members. Thank you. Julie Beatty Rich Cassidy Diane Bugbee Elizabeth Fitzgerald Bridget Burkhardt Patrick Leduc Governance Structures - South Burlington Charter Committee 1 / 41 98.29%172 1.71%3 Q1 Do you live in South Burlington? Answered: 175 Skipped: 0 TOTAL 175 0%10%20%30%40%50%60%70%80%90%100% Yes No ANSWER CHOICES RESPONSES Yes No Governance Structures - South Burlington Charter Committee 2 / 41 1.72%3 24.14%42 16.67%29 14.37%25 16.09%28 27.01%47 Q2 The Charter Committee is trying to get input from across the city. To that end, please share the voting district you live in. You can find a map of the voting districts here. Answered: 174 Skipped: 1 TOTAL 174 0%10%20%30%40%50%60%70%80%90%100% None of the above CHI-8 – Voting at City Hall... CHI-9 – Voting at the Middl... CHI-10 – Voting at... CHI-11 – Voting at th... CHI-12 – Voting at... ANSWER CHOICES RESPONSES None of the above CHI-8 – Voting at City Hall and the Senior Center CHI-9 – Voting at the Middle School CHI-10 – Voting at Chamberlain School CHI-11 – Voting at the Middle School CHI-12 – Voting at Orchard School Governance Structures - South Burlington Charter Committee 3 / 41 76.57%134 5.14%9 4.57%8 4.57%8 9.14%16 7.43%13 Q3 Do you currently have children in the South Burlington schools or attend the South Burlington public schools? Click all that apply. Answered: 175 Skipped: 0 Total Respondents: 175 0%10%20%30%40%50%60%70%80%90%100% No Gertrude Chamberlin... Orchard School Rick Marcotte Central School Tuttle Middle School High School ANSWER CHOICES RESPONSES No Gertrude Chamberlin School Orchard School Rick Marcotte Central School Tuttle Middle School High School Governance Structures - South Burlington Charter Committee 4 / 41 18.29%32 81.71%143 Q4 Did you attend a community meeting on this topic? Answered: 175 Skipped: 0 TOTAL 175 0%10%20%30%40%50%60%70%80%90%100% Yes No ANSWER CHOICES RESPONSES Yes No Governance Structures - South Burlington Charter Committee 5 / 41 84.57%148 15.43%27 Q5 Have you reviewed the Charter Committee’s spreadsheet of advantages and disadvantages, linked above? Answered: 175 Skipped: 0 TOTAL 175 0%10%20%30%40%50%60%70%80%90%100% Yes No ANSWER CHOICES RESPONSES Yes No Governance Structures - South Burlington Charter Committee 6 / 41 63.98%103 18.63%30 17.39%28 Q6 Executive Leadership - Do you prefer: Answered: 161 Skipped: 14 TOTAL 161 0%10%20%30%40%50%60%70%80%90%100% A City Manager appointed by... An elected Administrati... An elected Policy Mayor... ANSWER CHOICES RESPONSES A City Manager appointed by the City Council (current structure) An elected Administrative or Executive Mayor such as in the City of Burlington (CEO of the City) An elected Policy Mayor such as in the City of Montpelier or Winooski (serves as Chair of City Council), along with an appointed City Manager Governance Structures - South Burlington Charter Committee 7 / 41 Q7 Executive Leadership – Why did you make this selection? Answered: 131 Skipped: 44 #RESPONSES DATE 1 Less politics, more simple management responsibilities 6/13/2023 3:13 PM 2 i believe elected mayor best represents constituents.6/13/2023 1:48 PM 3 I do not see my preference among the choices. I would like to see a city manager with a clearly administrative job description, qualifications and annual review process for nominations and election. The current structure comes the closest to this. 6/13/2023 10:40 AM 4 I want the professional skill set of a manager, and the public accountability of an at large mayor. 6/12/2023 10:52 PM 5 Experienced and has relevant expertise 6/12/2023 10:06 PM 6 A City Manager will give us greater competence in running the city. The City Council can fire them if not competent. The City Council can direct policy. 6/12/2023 7:52 PM 7 I do not want our city governance more politicized than it already is. Though Mayors are generally not drawn into polarizing political fights, the City Manager structure avoids the whole problem, as they serve at the behest of the council. 6/12/2023 7:41 PM 8 I have not been made aware that the current system is broken. It seems to work well enough. I am opposed to "reform" and "improvement" merely for the sake of "reform" and "improvement." If it ain't broke, don't fix it. 6/12/2023 6:14 PM 9 Tired of current politics 6/12/2023 4:59 PM 10 I no longer have any faith in local government. They have lost the trust of many. Hopefully we could vote them out if need be under the policy mayor model 6/12/2023 4:11 PM 11 combines advantages of city manager system with elected mayor who provides policy leadership 6/12/2023 2:52 PM 12 We need a new structure. A business leader 6/12/2023 2:37 PM 13 Important to have someone driving a vision for the City, independent of the City Council.6/12/2023 2:31 PM 14 I've lived in cities with Mayors in the past, it is HIGHLY political, and a money game. People with means give to the elections instead of supporting nonprofits and services. Once a mayor is in, they buffer themselves with their own staff and are difficult to unseat, even when ineffective. The amount of money spent on city council and school board elections is already questionable for the size of our city. 6/12/2023 2:18 PM 15 I would support this option because of fewer politics & more consistency in managing the city, but ONLY IF the City Manager quickly implements the Council’s policies (Kevin didn’t, e.g., he didn’t have departments consider climate crisis effects in their daily spending & operational decision-making). 6/12/2023 2:11 PM 16 Works for me 6/12/2023 2:01 PM 17 South Burlington has become a large enough city to need an elected leader rather than an appointed on by the council 6/12/2023 1:29 PM 18 To be in synch w/Montpelier 6/12/2023 1:21 PM 19 if we have a mayor it will just create more red tape/ the current structure works just fine 6/12/2023 12:53 PM 20 Seems to be the most non-partisan option 6/12/2023 12:37 PM 21 Diffusion of power.6/12/2023 12:12 PM 22 Takes politics out of the decision.6/12/2023 12:05 PM Governance Structures - South Burlington Charter Committee 8 / 41 23 Management of the city should be by a professionally trained person, not the result of politics that may influence city decisions. 6/12/2023 11:54 AM 24 As the second largest city and growing, it is time to consider a mayor, however much of SOBU’s growth has come from qualified and knowledge city managers and the that structure - success of city center growth while Burlington which can be more ‘mercurial’ in long term decisions and has a giant hole in the ground are stark examples that come to mind 6/12/2023 11:02 AM 25 Likely more representative.6/12/2023 10:57 AM 26 Balance 6/12/2023 10:54 AM 27 Current process is working well 6/12/2023 10:51 AM 28 Non partisan 6/12/2023 10:38 AM 29 Keep p;o0litice out of the mis!!!6/12/2023 10:29 AM 30 We're quite a bit smaller than Burlington in terms of population. A City Manager seems to work for now. 6/12/2023 10:25 AM 31 the current system seems to work.6/12/2023 10:22 AM 32 More accountability to voters 6/12/2023 10:18 AM 33 seemed the least of evils 6/12/2023 10:11 AM 34 I like not having conflict (partisan or otherwise) between the Chief Executive and the City Council. 6/12/2023 9:16 AM 35 An elected official is important to counterbalance the uniparty, such as Governor Scott balances the uniparty in Montpelier. 6/12/2023 7:39 AM 36 Because I believe we need a better representative of the residents of the town.6/11/2023 7:29 PM 37 better representation of townsfolk, elected by people vs council 6/11/2023 7:22 PM 38 Accountability 6/11/2023 7:20 PM 39 South Burlington does not need to have a large bureaucracy. We do not need more taxes to pay more salaries. We do not need more layers, more rules, etc. we do not need to be a shining part of Chittenden county and not such separatists. We need more community not more government. 6/11/2023 6:47 PM 40 Given the types of decisions an executive needs to make regarding personnel, planning, policy (affordable housing, policing, etc.), I think it helps to have a professional as an executive. 6/11/2023 5:56 PM 41 We are large enough to need a CEO level leader 6/11/2023 3:06 PM 42 I think that political power needs to be split up. A single body tends to become too group oriented 6/11/2023 7:00 AM 43 I like having an elected point person for policy. South Burlington is large enough, we really need an appointed City Manager with professional qualifications. 6/10/2023 4:02 PM 44 To carry out projects and programs take time and stability is needed at the top to see through projects and programs to completion. 6/10/2023 9:13 AM 45 Given the growth that SoBu is experiencing, and that we are the 2nd largest municipality in the State (I think), I believe we should have an elected Executive to oversee all of our City operations. 6/10/2023 8:58 AM 46 Has the least political overtones 6/9/2023 10:17 PM 47 It clearly divides policy from administrative functions.6/9/2023 9:18 PM 48 Having an appointed person means they will be more qualified. They will not be politically motivated. 6/9/2023 8:26 PM 49 Less political. Like current system.6/9/2023 8:16 PM 50 Although South Burlington is large by Vermont standards it is small compared to cities in most New England states. I believe that the current City Manager structure has served us well and 6/9/2023 6:45 PM Governance Structures - South Burlington Charter Committee 9 / 41 should continue to do so. A mayoral system would result in a loss of continuity in overseeing the growth of the community and politicize the position. 51 It currently working just fine 6/9/2023 5:58 PM 52 It is eficient and the City can find the best candidate which is not always the case with an elected official. 6/9/2023 5:42 PM 53 They would have a broader idea of what is going on in the community 6/9/2023 5:40 PM 54 Non-partisan professionalism (hopefully)6/9/2023 5:35 PM 55 Has generally worked well for SB currently and in the past; alternatives have the potential to become too partisan 6/9/2023 5:24 PM 56 It would promote a better synergy when setting policy and its practical execution. The city manager is hired based on relevant skill sets and experience and provides continuity during election cycles. While a Policy Mayor is helpful in driving policy, the presence of a city manager is a stabilizing force, perhaps less tempted by “politics” than a sitting mayor. 6/9/2023 5:13 PM 57 We do not need more politics in our system. The City Council are elected officials and should be trusted to hire a capable operator to run the city -- not a politician who may or may not have real-world work experience running a business. 6/5/2023 10:45 AM 58 Allows voter personal choice 6/1/2023 7:40 PM 59 Not political. No apparent advantage for having a mayor over current system.6/1/2023 2:34 PM 60 I simply like our current structure, and I believe in neither a strong nor weak mayor. It’s an additional “layer” of governance that could lead to gridlock. 6/1/2023 7:42 AM 61 Existing system works here. And, concerned that electing the executive will weaken Council and eventually erode performance of Council. 5/30/2023 11:37 AM 62 I have no strong opinion about this question but the City Manager has for the most part worked well for SB. 5/30/2023 9:35 AM 63 While the City certainly needs leadership, I am doubtful, especially based on the quality of out current City Council, that we would be lucky enough to find a mayor who (1) is a good leader, and (2) be representative of, and have the confidence of, the whole City. 5/28/2023 1:44 PM 64 Having previously lived in Burlington, I find its administrative mayor has consolidated too much power. Better for the balance of power to reside in the council. 5/27/2023 10:22 PM 65 Testing 5/26/2023 12:33 PM 66 Having both best serves the needs of a growing city the mayor can represent the city in Montpelier and DC while the CM can run the day to day operations. 5/25/2023 7:12 PM 67 I like how things are run now. I don't think a mayor would be an efficient change.5/25/2023 5:37 PM 68 I'm satisfied with the current Administrative City Manager / City Council structure.5/25/2023 10:12 AM 69 Good middle ground.5/25/2023 6:01 AM 70 I think the current system works well and do not see the need for a change 5/24/2023 10:05 PM 71 I believe that this form of leadership offers South Burlington the focused expertise of a professional in public administration, which is vital in a growing and complex city like ours. I am also concerned that a Policy Mayor and professional City Manager would have a tendency to clash. 5/24/2023 9:31 PM 72 I am between Policy Mayor and City Manager. Elected mayor does not appeal. I support any option that promotes communication and collaboration between leaders and staff who run South Burlington 5/24/2023 5:33 PM 73 I like our current City Manager.5/24/2023 2:54 PM 74 I felt the pros outweighed the cons for our current system. I have not liked what I have seen happening in either Burlington or Winooski in past years. 5/23/2023 8:46 PM 75 neutral, non-political decision maker with expertise in city governance.5/23/2023 7:51 PM Governance Structures - South Burlington Charter Committee 10 / 41 76 Nothing wrong with current system. I’d rather have someone competent than local. I’d rather have a neutral party running day to day operations than someone who owes political favors. 5/23/2023 7:03 PM 77 The elected mayor is directly responsible to the citizens 5/23/2023 5:46 PM 78 It seems to be a more straightforward way to run the city, compared to having a council.5/23/2023 4:59 PM 79 We do not need any more politicians in our community rubber stamping all the building! The schools are over populated and the city continues to cause more problems than helping to find a solution! 5/23/2023 4:22 PM 80 It is currently working well 5/23/2023 2:32 PM 81 I believe that this role will be less politicized than an elected mayor. I feel our history with managers has been satisfactory. 5/23/2023 9:18 AM 82 Keep the politics out of leadership.5/23/2023 5:35 AM 83 Because it works well. More democratic and more competent governance. Having a mayor would make the process pf governing more political and less collaborative. My experience living in town with mayor: high probability of mayor having no relevant experience (or worse, no experience and lazy, just seeking title), high probability of making elections even uglier. Why fix what is not broken? If people want more districts to have representation, then people from those districts need to run for office. If no one from a particular district runs, of course no one from that district will get elected. 5/22/2023 8:56 PM 84 I trust the council and like then choosing their leader.5/22/2023 7:09 PM 85 More accountability and better visibility 5/22/2023 4:51 PM 86 Past city managers have been blind to the schools needs. Our schools are at over capacity and yet these past City Managers supported a rubber stamp to developers. A politically inclined Mayor will cow tow to developers and make our schools worse off then they are now by saddling tax payers with the school problems. All this while non resident developers enjoy the spoils of taking advantage of South Burlington. 5/22/2023 1:12 PM 87 Prefer professional expertise & objectivity over political posturing & influence/infusion of money into decisions. 5/19/2023 9:20 AM 88 City has many services which require professional staff that is competatively hired by a city manager. 5/18/2023 1:48 PM 89 Saw the system work very effectively in Falls Church City, VA (pop 14,658), which has a very high quality of living environment, excellent school system (International Baccalaureate program), and good services. 5/17/2023 9:29 PM 90 I don't think we should be adding more veto points. We need to get things done and adding yet another layer of administration seems to get in the way of that. 5/17/2023 2:32 PM 91 I believe it strikes an effective compromise between the current system and a Burlington-style system (in that it will be easier to avoid a situation where the mayor ends up at war with the council), will give the city a stronger sense of identity as an actual city, and will allow voters to have more direct control over the city's policy direction rather than having an unelected manager. 5/17/2023 2:28 PM 92 There should be more accountability for decisions made that effect the city 5/16/2023 7:53 PM 93 Professional, skilled, consistent leader over time 5/16/2023 10:41 AM 94 Gut feeling.5/11/2023 7:50 PM 95 It seems to be a good mix of the 2 options 5/11/2023 5:20 PM 96 I think the current system is working very well. I get the sense that the City Manager is professional rather than political, which is how it should be. 5/9/2023 5:39 PM 97 Less opportunity for politics to get in the way of the actually managing the town. Elected officials will not result in people with the necessary background and training and will make it easier for ideologues to take over. 5/9/2023 5:30 PM 98 “Selected based on qualifications”5/9/2023 10:23 AM Governance Structures - South Burlington Charter Committee 11 / 41 99 It seems to be working well. I would worry that adding an elected mayor would bring the political battles of Burlington to South Burlington. 5/9/2023 8:32 AM 100 You need balance of thought. That’s what a council provides.5/9/2023 7:58 AM 101 The advantage of having a council and a manager is that you have a governance structure that is run by a concern us of volunteers - not by a career politician who is only concerned with keeping their job. Why change that? 5/9/2023 7:41 AM 102 Not partisan political. Could live with Montpelier/Winooski model 5/9/2023 7:33 AM 103 I look at Burlington and the issues they're having with city politics, and I look at South Burlington and don't see that. I see no need to add a mayor and complicate leadership. The current structure works just fine. Don't try to fix what isn't broken. 5/9/2023 7:30 AM 104 Prefer professional City Manager rather than accepting whatever skills, or lack thereof the elected Mayor may bring. Don't think SB is large enough to warrant separately elected Mayor. I think an elected full-time "strong" Mayor would be a terrible idea. Current City Council President could adopt title of Mayor for ceremonial purposes, if that was desired, while keeping current selection process (this process was used in previous community I lived in in NJ and worked well.) 5/8/2023 7:58 PM 105 Too much potential for politics and conflict with Mayoral structure 5/8/2023 1:40 PM 106 It works 5/8/2023 8:59 AM 107 Brings career professionalism to the role 5/5/2023 7:14 PM 108 A good executive leader is not necessarily a good campaigner. The city councilors have done a great job over the years hiring and firing city managers, and I would like to let them continue that. Let the executive focus on running the city, not on campaigning. It gives them job stability, and helps the city run smoothly. Teams can build trust with a leader they know will stick around for a while. 5/5/2023 2:08 PM 109 Provides ability to hire the best possible person and eliminates politics 5/5/2023 10:02 AM 110 Having a Policy mayor to help rally public support for the goals of the city council while having a qualified city manager would make the possibility of goals being met greater. 5/4/2023 8:40 PM 111 The city seems to run very well from my perspective.5/4/2023 8:07 PM 112 I think this has worked well for the city and I dont see the benefits of changing the structure 5/4/2023 7:00 PM 113 I think it has worked well in the towns you reference. It seems a traditional Mayor brings more politics to the table. 5/4/2023 3:20 PM 114 SB is big enough, it needs an accountable executive 5/4/2023 12:42 PM 115 It makes sense to have an election and have that person run the city. Of they people don't like it they don't get reelected. 5/3/2023 10:09 PM 116 Electing a mayor creates better checks and balances in the government system.5/3/2023 6:13 PM 117 None of the above 5/3/2023 5:29 PM 118 The City Manager was not approved by the electorate and should not be making policy 5/3/2023 5:25 PM 119 I find that elected folks do not manage very well and are too invested in reelection. Burlington structure is a disaster. 5/3/2023 5:12 PM 120 I think the current structure works well and is balanced 5/3/2023 4:30 PM 121 I prefer not to have excessive power in a position held by one individual.5/1/2023 12:19 PM 122 More accountability and more qualified.4/29/2023 12:33 PM 123 Representation from my area of the city.4/28/2023 12:06 PM 124 You have a greater chance of hiring a more qualified person to lead the city than electing just anyone as the Mayor. Also, the unfair and unbalance campaign financing that occurs in So. Burlington would not come into play if a city manager is hired. Our city should look into publicly 4/28/2023 10:29 AM Governance Structures - South Burlington Charter Committee 12 / 41 financing city council elections so that wealthy residents and business leaders don't continue to have an unfair influence on our city elections. 125 Accountable to residents. Determined by voters.4/28/2023 9:32 AM 126 We need leadership that is elected by the taxpayers for accountability 4/27/2023 4:55 PM 127 We need solid clear knowledge based leadership right now and not an institutional change at the top. 4/27/2023 3:59 PM 128 Less political 4/27/2023 3:55 PM 129 larger pool with credentials to select a City Manager from. No politics involved 4/27/2023 3:21 PM 130 All councilors and the council elected chair is "at-large", I fail to see how a Policy Mayor would provide more impactful representation than a council chair 4/27/2023 3:14 PM 131 While our city is large and growing, I do not know that it warrants a change in governance structure. The current structure of a city council provides collaborative representation and that council provides oversight/supervision to the City Manager. I believe this to be a sufficient structure and do not see a compelling reason to change it. 4/27/2023 3:09 PM Governance Structures - South Burlington Charter Committee 13 / 41 54.09%86 45.91%73 Q8 City Council Composition – Do you prefer: Answered: 159 Skipped: 16 TOTAL 159 0%10%20%30%40%50%60%70%80%90%100% A Council with five members... A Council with more than fi... ANSWER CHOICES RESPONSES A Council with five members (current structure) A Council with more than five members Governance Structures - South Burlington Charter Committee 14 / 41 Q9 If more than five, how many City Councilors do you recommend? Answered: 76 Skipped: 99 #RESPONSES DATE 1 Two members per district.6/13/2023 10:45 AM 2 6 or 8 if there is an elected mayor. 7 or 9 if the mayor or council chair is elected by the councilors each year. 6/12/2023 10:56 PM 3 9 6/12/2023 10:06 PM 4 7 6/12/2023 4:59 PM 5 7 6/12/2023 4:13 PM 6 10. 2 from each ward 6/12/2023 2:55 PM 7 8 6/12/2023 2:38 PM 8 Seven 6/12/2023 2:19 PM 9 Seven 6/12/2023 1:22 PM 10 10 6/12/2023 12:13 PM 11 Odd number preferred, no more than 7. But would be happy with remaining at 5 as well.6/12/2023 11:58 AM 12 7 6/12/2023 11:05 AM 13 I think slightly more representation is needed but growth to 7 only to move into the change 6/12/2023 11:04 AM 14 7 6/12/2023 10:58 AM 15 7 6/12/2023 10:38 AM 16 7 6/12/2023 10:30 AM 17 maybe 7 6/12/2023 10:12 AM 18 While I indicated more than five, I do not feel strongly about the size of the City Council. I do not find major objections with the current size of five. 6/12/2023 9:21 AM 19 9 6/12/2023 7:40 AM 20 7 6/11/2023 8:23 PM 21 9 6/11/2023 7:32 PM 22 7-8 6/11/2023 7:24 PM 23 Need to ensure the council is open and more representative of diversity but not of it means higher payroll. How about community reps that rotate on an annual basis? 6/11/2023 6:51 PM 24 Seven.6/11/2023 6:01 PM 25 10, 2 from each ward, plus admin (mayor and other) are needed in order to run a city this size 6/11/2023 3:17 PM 26 8. Most people think and odd number is necessary, but this is not true. Whatever the number, it takes a majority of those precent to pass a motion. 8 members works much better with the open meeting law. It still protects the necessity of not letting decisions be made in secret "meeting" out of the public eye, but at the same time allows up to 4 members discuss an issue and not have to go into board meetings stone cold. Humans are social animals an need contact to work well. 6/11/2023 7:13 AM 27 na 6/10/2023 4:04 PM 28 7 6/10/2023 9:14 AM Governance Structures - South Burlington Charter Committee 15 / 41 29 8 6/10/2023 8:51 AM 30 7 6/9/2023 5:40 PM 31 Seven: 5 in a ward system and 2 at large.6/9/2023 5:37 PM 32 7 6/9/2023 5:27 PM 33 5 is enough. Boards are challenging enough as they are, more than 5 invites more room for "taking up air time" and avoiding consensus. 6/5/2023 10:47 AM 34 I do not perceive any reduction for the workload of a councilor just because more seats are added. A councilor still needs to do just as much work if they wish to represent the entire community and if the what to understand all issues. 6/1/2023 2:47 PM 35 7 6/1/2023 7:44 AM 36 seven 5/30/2023 9:36 AM 37 7 5/30/2023 12:32 AM 38 7-10. A larger council would allow for ad hoc subcommittees concerning important topics.5/28/2023 1:53 PM 39 Ten. Allows more of a diversity of opinions and more people to do the work.5/27/2023 10:25 PM 40 9 5/25/2023 7:14 PM 41 Not a strong preference. Would consider 5 from each district plus 2 or 4 at large members. Would like to keep it to an odd number. 5/24/2023 5:35 PM 42 10 5/24/2023 2:56 PM 43 7 5/23/2023 8:56 PM 44 7; 5 wards and 2 at large 5/23/2023 7:53 PM 45 One representative for each legislative district 5/23/2023 5:48 PM 46 We need more voices on the city council looking out for the school district. If you keep up the reckless building we will have the worst schools in the state and NO ONE will want to move here! Is that what you all want? 5/23/2023 4:24 PM 47 7 5/23/2023 2:40 PM 48 Unsure.5/23/2023 9:19 AM 49 7 5/21/2023 11:53 AM 50 Prefer to have an odd number to prevent deadlocks. Research on maximum size for effective committees is 5-7; however such small numbers result in work overload & time constraints. I would suggest 2 per current district and 1 (or 3) city wide to insure a balance of perspectives & reduce the potential of deadlocks and/or political alliances to sway decisions. 5/19/2023 9:41 AM 51 Seven. Two at large and 5 by Leg. District 5/18/2023 1:51 PM 52 Seven (7)5/18/2023 11:07 AM 53 Seven members. Maintain an odd number for voting purposes, but hopefully broaden the tent a bit. 5/17/2023 9:41 PM 54 not more than 7 5/16/2023 10:44 AM 55 Not sure yet. Would have to do an evaluation of possible districts. 5 and maybe a couple more. The current at large system is Not working for many parts of our City. 5/11/2023 7:57 PM 56 7?5/11/2023 7:30 PM 57 5 seems to be about right 5/9/2023 5:43 PM 58 I would increase to 7 members. I think increasing the number of members would give the council more capacity and flexibility. However, the 5 member council seems to be working fairly well now, so this isn’t a strong opinion. 5/9/2023 8:37 AM Governance Structures - South Burlington Charter Committee 16 / 41 59 No more than five. How would they ever get anything done?5/9/2023 7:44 AM 60 Seven 5/9/2023 7:43 AM 61 5 seems perfectly reasonable for the size of the community.5/8/2023 7:58 PM 62 7 5/8/2023 11:18 AM 63 8 5/5/2023 8:15 PM 64 7 5/5/2023 2:13 PM 65 7-9 5/5/2023 10:04 AM 66 7 5/4/2023 7:01 PM 67 Seven feels good to me. As we have grown this will get it back to where we had been in terms of councilors per voter. 5/4/2023 3:21 PM 68 7 5/3/2023 10:10 PM 69 Five is fine if they represent the districts; would support a couple at large members also.5/3/2023 6:17 PM 70 At least 9 5/3/2023 5:14 PM 71 Seven, five for each ward, two elected at-large.5/1/2023 7:25 PM 72 5 4/28/2023 12:10 PM 73 One for each ward. If more than 5 wards are needed, then the council should have more than 5 members (total number of members always been an odd number). 4/28/2023 10:35 AM 74 8 4/28/2023 9:34 AM 75 7 4/27/2023 5:53 PM 76 7 the City is growing and with only 5 I do think all are represented 4/27/2023 3:23 PM Governance Structures - South Burlington Charter Committee 17 / 41 37.34%59 32.91%52 29.75%47 Q10 City Council Districts – Do you prefer: Answered: 158 Skipped: 17 TOTAL 158 0%10%20%30%40%50%60%70%80%90%100% A Council with members elec... A Council with members elec... A Council with members elec... ANSWER CHOICES RESPONSES A Council with members elected at large (current structure) A Council with members elected only from the 5 legislative districts (wards) A Council with members elected from the 5 legislative districts (wards) and the remainder elected at large Governance Structures - South Burlington Charter Committee 18 / 41 Q11 City Council - Why did you make these selections? Answered: 132 Skipped: 43 #RESPONSES DATE 1 Most qualified from the whole city 6/13/2023 3:14 PM 2 fair representation with less cost to tax payers 6/13/2023 1:49 PM 3 To expand representation across the city and create a more diverse city council.6/13/2023 10:45 AM 4 I would prefer either 2 per ward, with fewer wards, with only a mayor elected at large. Or more wards with one from each. 6/12/2023 10:56 PM 5 Better diversity of opinions 6/12/2023 10:06 PM 6 Each council person can bring the perspective of their constituents, one rich area of the city doesn't dominate. I don't mind that SEQ will have a smaller population as it is a voting district shared with the neighboring city, therefore a larger voice on City Council. 6/12/2023 7:55 PM 7 This will confine highly polarizing political city enclaves to one representative, assuring a diversity of viewpoints on the council. It also allows for political party politics to get involved in the city council races (in an official capacity in the sense of going through the primary process, presumably). Political party endorsements and funding will become more important as South Burlington grows, and it will inevitably grow. 6/12/2023 7:44 PM 8 Same rationale as regards the Executive. Is it broken? Doesn't seem to be. Then there's no need to fix it. 6/12/2023 6:16 PM 9 The current makeup represents a small group of citizens.6/12/2023 4:13 PM 10 No section of the city should be unrepresented while another section has double or triple representation. 6/12/2023 2:55 PM 11 Need a more diverse input 6/12/2023 2:38 PM 12 Creates closer ties with the wards and its issues.6/12/2023 2:32 PM 13 may be hard to have candidates from all 5 districts 6/12/2023 2:19 PM 14 I don’t know if we have a large enough population to have district voting. However, if we stay with the current structure, it’s very important that funds be available for people with low incomes so they can effectively compete in running for office. 6/12/2023 2:19 PM 15 Works for me 6/12/2023 2:02 PM 16 Council elected by wards. But ward quantity based on best representation, so if more wards than 5 needed, add wards. 6/12/2023 1:53 PM 17 I think with the expansion of the city areas like the Airport area are being forgotten and left behind. Having an elected official from the ward will help to focuses on the needs of that area and incorporate that focus into the greater city plan. 6/12/2023 1:32 PM 18 i THINK EVERY AREA OF THE CITY SHOULD BE SPECIFICALLY REPRESENTED 6/12/2023 1:07 PM 19 does it really atter where in sb they live we all live in sb wouldnt we all want whats best for sb therefore keep as is 6/12/2023 12:54 PM 20 most fair way to have individuals compete 6/12/2023 12:38 PM 21 More representative as economic classes diverge, which seems to be the trend.6/12/2023 12:14 PM 22 Prefer just 5. But if we are to go to 10, a mixed Council maintains the benefits of local input, complimented with a city-wide perspective. 6/12/2023 12:13 PM 23 Would like to see more direct representation tied to various areas of the city, not all officials 6/12/2023 11:58 AM Governance Structures - South Burlington Charter Committee 19 / 41 from just one or two areas. 24 I don’t have a strong opinion on this issue to want overall changes made 6/12/2023 11:04 AM 25 Feels like better representation would be the result.6/12/2023 10:58 AM 26 Representation 6/12/2023 10:55 AM 27 Would like all districts to be represented 6/12/2023 10:38 AM 28 distribution of votes 6/12/2023 10:30 AM 29 While the idea of City Council coming from various districts seems like a good idea, for whatever reason (such as education, energy, money, time), the City Council currently has difficulty fielding candidates from more than 1-2 districts. Also, a City Councilor coming from the SEQ shouldn't necessarily be disqualified for helping citizens in the Chamberlain School area. 6/12/2023 10:28 AM 30 Seems the fairest with districts giving voice to location within the system but the view of a majority of voters as well. 6/12/2023 10:25 AM 31 Better representation of geographical diversity in SB 6/12/2023 10:19 AM 32 seems fair 6/12/2023 10:12 AM 33 I do not believe the results of the current at-large system are producing a one-person, one-vote fair representation. The folks that live in the SEQ, effectively, have a one-person, three or four votes representation, depending on the issue. 6/12/2023 9:21 AM 34 Representation for the 5 legislative districts is the better balance.6/12/2023 7:40 AM 35 We need more diverse representation 6/11/2023 7:32 PM 36 Same as above-better represenation 6/11/2023 7:24 PM 37 Accountability 6/11/2023 7:22 PM 38 We need to think differently about city leadership and not just mimic others 6/11/2023 6:51 PM 39 I think five can be too small a number if there are absences or recusals that affect the ability to meet quorum requirements. I support have representatives for geographical areas as the needs may be different in each district and to ensure a potentially broader discussion. If there are disparities in the population of each district, efforts can be made for an additional representative from the district or a combined two districts (see the Burlington model). 6/11/2023 6:01 PM 40 Ward specific elections will help with decision making. More councilors will help get things done 6/11/2023 3:17 PM 41 This option gives all areas of the city equal representation. I think it should be 2 councilors from each ward. That will bring more ideas to the table and works even better than 8 with the open meeting law. Also, there should be little difficulty in getting a quorum the vast majority of the time. 6/11/2023 7:13 AM 42 We don't have broad representation in City Councl currently, it seems like a ward system could improve this. This doesn't help with the cost of running for council, this could be a barrier for many candidates who are otherwise well qualified. 6/10/2023 4:04 PM 43 Better representation, and more representation from different socioeconomic backgrounds.6/10/2023 9:14 AM 44 Each ward has it's on challenges/issues, some very unique. Having councilors elected on a Ward basis would allow residents to elect someone who understands these challenges unique to their ward. 6/10/2023 9:01 AM 45 Residents of the legislative districts should have a voice on the Council 6/9/2023 10:18 PM 46 Because it gives more equitable representation to each area of the city and decreases cost of running for office. 6/9/2023 9:19 PM 47 Having too many cooks in the kitchen make it difficult to get things done. South Burlington is not that large, and I think our counselors do a good job representing all parts of the city. 6/9/2023 8:28 PM 48 More focused.6/9/2023 8:17 PM Governance Structures - South Burlington Charter Committee 20 / 41 49 I can't comment on the workload of the Council and whether having more Council members would be beneficial. However, I am opposed to a ward structure that would inevitably politicize the community, pitting one ward against another. 6/9/2023 6:46 PM 50 We currently have 5 talented members and don’t need to change what is currently working well 6/9/2023 6:16 PM 51 Councilors should serve the entire city and be elected based on their merits and their ability to do what is good for the entire City, not just for a district/ward. 6/9/2023 5:44 PM 52 Right-size workload, and represent a more diverse, representative cross-section of SB 6/9/2023 5:37 PM 53 There are some issues which may be more fairly represented by ward representatives and this structure doesn't throw out everything which has worked well but leans toward more inclusive representation. 6/9/2023 5:27 PM 54 The current structure works well.6/9/2023 5:14 PM 55 Better representation, but also allows for election at large should the ward positions not be able to be filled. 6/5/2023 10:47 AM 56 better community representation 6/1/2023 7:41 PM 57 I am concerned that the City may not find competent, interested and dedicated councilors from each district. I know that some folks do not believe they are well represented with only having at large councilors and they blame the cost of running for the City Council as the reason that candidates in some districts do not have the funds to run for office. Based on personal experience, any candidate that wants to serve should be able to go house to house and request citizens to contribute to their campaign even if it is $25 from households in their districts or at large. If a candidate is already involved in the community and committees, etc., then they should have the network and reputation to raise funds. I do not want a councilor whose only reason to be on the Council is that they were to only one to run in their district. 6/1/2023 2:47 PM 58 I don’t at all like dividing us into “wards” beyond for voting. We are all South Burlington citizens. There is far too much division in the world today. 6/1/2023 7:44 AM 59 The difficulty recruiting strong candidates from each district may erode quality of Council. Electing council by district may fragment South Burlington, pitting one legislative district against another. 5/30/2023 11:40 AM 60 I don't think at large members work for the city any more given the very distinct parts of the city that need representation. 5/30/2023 9:36 AM 61 The City currently suffers from income inequality which is reflected in the composition of the City Council and, more importantly, in City policy. Any “at large” members would likely result the continuation in the policy arena with, as now, one area of the City dominating the rest. Therefore, perhaps five districts with two members elected from each district would be my first preference, or 7-10 districts designed around neighborhoods each with its own representative. 5/28/2023 1:53 PM 62 Our City is diverse, and the wealthiest residents are currently the best represented on council. We need to make sure each part of the city is properly represented. 5/27/2023 10:25 PM 63 Testing 5/26/2023 12:33 PM 64 Each area of the city should have representation with the at large members expanding the pool of potential candidates 5/25/2023 7:14 PM 65 I think it keeps things efficient with five members. But I would not be opposed to more than five if more councillors are needed to get work done. 5/25/2023 5:41 PM 66 I'm satisfied with the current structure.5/25/2023 10:13 AM 67 City is Not big enough for more wards to make sense.5/25/2023 6:02 AM 68 I think it will be difficult to get, from each district, committed, informed candidates who understand the whole city's challenges, if that were the structure. 5/24/2023 10:10 PM 69 Legislative districts are the most reflective division of city neighborhoods interests and needs. Those interests and needs are not accounted for when a disproportionate number of Councilors are elected from only one or two districts. 5/24/2023 9:33 PM 70 I like the appeal of ensuring broad neighborhood representation, although given how small 5/24/2023 5:35 PM Governance Structures - South Burlington Charter Committee 21 / 41 South Burlington is, I don't know it will make a difference. Maybe it will make for an easier avenue for someone to get involved. I support the choice that offers the most opportunity for collaboration and communication. 71 Want councilors elected by districts. There are five districts so must have five or ten. Prefer ten but five is ok. 5/24/2023 2:56 PM 72 I think distrcts should be represented equally at the very least. There will be meetings when not all will be in attendance. 5/23/2023 8:56 PM 73 equal representation from across all 5 legislative districts and a few extras for greater mix of discussion. 5/23/2023 7:53 PM 74 At large candidates are not beholden to represent the citizens in the ward 5/23/2023 5:48 PM 75 I think a larger council would create more difficulty coming to a consensus and electing members at large seems to have been fine so far. 5/23/2023 5:00 PM 76 I think it is good for councilors' interest to be for all South Burlington residents and not just their districts. 5/23/2023 2:40 PM 77 All districts may not have candidates or qualified candidates 5/23/2023 1:33 PM 78 I do not think the current structure properly represents all areas of the city, especially the Chamberlin neighborhood where I reside. 5/23/2023 9:19 AM 79 It works well now. Please don't change this.5/23/2023 5:36 AM 80 Because we have a highly educated, highly dedicated, exceptionally competent council as it is, and 5 is a number that is neither too large nor too small for the group to function smoothly. More than 5 would probably delay decision making and potentially create more division. 5 is the sweet spot. 5/22/2023 8:58 PM 81 I think balanced representation from our districts would better represent our community and don't feel the need for more than 5 councilors. 5/22/2023 7:10 PM 82 May result in more qualified individuals 5/22/2023 4:52 PM 83 More members equals more disagreements and nothing gets done. Just look at congress 5/22/2023 1:12 PM 84 We do not need to follow the legislative districts. Fewer representative councilors or at-large all. Just to get at least a few from an area other than SEQ! We do need representation from those who live in "less-privileged" areas. 5/21/2023 11:53 AM 85 Prefer to have an odd number to prevent deadlocks. Research on maximum size for effective committees is 5-7; however such small numbers result in work overload & time constraints. I would suggest 2 per current district and 1 (or 3) city wide to insure a balance of perspectives & reduce the potential of deadlocks and/or political alliances to sway decisions. 5/19/2023 9:41 AM 86 Best combination using existing Leg. boundries to elect 5 and 2 at large to provide 7. 7 will better cover Council tasks. 5/18/2023 1:51 PM 87 It makes sense to have more members to share the vast responsibilities for outside meetings 5/18/2023 11:07 AM 88 Again, I saw a seven member city council work very effectively in Falls Church, which reasonably well reflected the diversity in the community and its different neighborhoods. The seven Council Members are elected at-large for four-year terms and are not affiliated with any national political party and are elected on odd-numbered years for staggered terns. The Council members elect from among themselves a Mayor and Vice Mayor for a two-year term. 5/17/2023 9:41 PM 89 Prefer 4 ward elections with a mayor elected at large 5/17/2023 2:37 PM 90 Wards are a terrible idea and would only make our city's NIMBY problem worse. The bigger the political districts, the broader the perspective of each council member. 5/17/2023 2:33 PM 91 I will note that since Chittenden-8 contains part of Williston, the ward boundaries would probably have to be slightly different than the legislative boundaries if all of the wards are to have approximately the same population in the interest of one person, one vote. 5/17/2023 2:29 PM 92 It would be good to have a representative from your own ward 5/16/2023 7:55 PM 93 Problem: the 5 districts are really 4 1/2; so that 1/2 gets half the residents per its councilor.5/16/2023 10:44 AM Governance Structures - South Burlington Charter Committee 22 / 41 However: I would have one councilor who would connect more closely with our district and its neighborhoods; plus the at-large who would reflect all of us. 94 No at large is fair to much of our city at this time.5/11/2023 7:57 PM 95 I think it’s important to have a diverse group of councilors serving our city. However, I don’t want them to lose sight of the whole city, so I also would like to see councilors elected at large. I also feel there are a few councilors who are doing a great job, and I wouldn’t want to see them excluded because they live in the same area. 5/11/2023 5:22 PM 96 City council is not an easy job, with almost no compensation, so I wonder if you would even find candidates willing to serve from different districts. 5/9/2023 5:43 PM 97 Going to the wards system results in councilors having to only appeal to a much smaller part of the electorate. Narrowing the constituency like that results in decisions that only benefit fewer and fewer members of the community. 5/9/2023 5:32 PM 98 Splitting into wards is unnecessary 5/9/2023 10:25 AM 99 If the city council remains 5 members, I think having those members represent their geographical areas is good. Closer ties to constituents is a positive. If the council increases above 5 members I think having some elected at large also makes sense as I appreciate the benefits of members with a city wide perspective to help balance and compromise among the needs of different geographical areas of the city. 5/9/2023 8:37 AM 100 A ward system won’t change the composition of the council. It will only get the richest people from those wards. If you want to get more people to run, change what’s asked of the council. It takes 10 hours a week minimum to be a hood councilor. Name a single parent with that kind of time. 5/9/2023 8:01 AM 101 I want more diversity on the council. But a ward system will NOT accomplish this. We have a homogenous body because what we ask of the council cannot be done by people with jobs, or who are struggling to make ends meet. A ward system doesn’t solve that problem - it only makes it easier for individuals like Paul Engles - retired people who live in a ward with a lot of working class people - to get elected. 5/9/2023 7:44 AM 102 South Burlington already is too divided. Lack of councilors from certain area has as much to do with voter turnout & individuals not being willing to run. This last election was so expensive because two issue “camps” (not geographical) were vying to have their perspective on the council. 5/9/2023 7:43 AM 103 It seems to me every part of the city should have equal representation 5/9/2023 7:31 AM 104 SB doesn't seem large enough to warrant wards; especially given typical voter turnout. I see little advantage to going this route and think it would divide the City rather than make things better. 5/8/2023 7:58 PM 105 Broader perspectives 5/8/2023 11:18 AM 106 It works 5/8/2023 9:00 AM 107 Assurance of qualified people from across the City vs. maybe having to settle for a less qualified candidate(s) just to satisfy the district allocations 5/5/2023 7:16 PM 108 It will help ensure the council has representatives from across the city, while not restricting every representative to a small area of the city. Wards can help councilors build relationships with their constituents and reduce the barrier to entry, while at-large is an opportunity for people who have the means and desire to campaign to and represent a larger group. It seems like a good balance between the options. 5/5/2023 2:13 PM 109 I feel a greater number would provide more diverse voices and share work load.5/5/2023 10:04 AM 110 I think we should only change one thing at a time. Move to a policy mayor/city manager system first and add more council members later if needed. 5/4/2023 8:41 PM 111 The city council seems to work well with the current structure 5/4/2023 8:09 PM 112 I would like yo see broader representation of the board to help divide work and keep fresh perspectives 5/4/2023 7:01 PM 113 I think councilors fro the legislative districts will know more about the hyper-local issues but 5/4/2023 3:21 PM Governance Structures - South Burlington Charter Committee 23 / 41 the at large can also add some more city-wide perspectives. 114 Too many councilors is a mess, just look to Burlington. And having geographic representation is important as our community grows more diverse. I don't think being almost solely represented by the McMansion elite is good for anyone. 5/4/2023 12:43 PM 115 Better to represent the town 5/3/2023 10:10 PM 116 It’s important that are councilors represent their respective districts. I see the makeup and needs of the districts changing in the future. 5/3/2023 6:17 PM 117 Each ward or district may have needs not shared by the others.5/3/2023 5:30 PM 118 More diversity.5/3/2023 5:14 PM 119 I feel that the council needs to be balanced and representative of all areas of the city. Electing members from the 5 legislative districts allows opportunity for that. 5/3/2023 4:31 PM 120 Four of the five current councilors, and two former councilors, all reside in one ward that makes up less than 25% of the city's population. 5/1/2023 7:25 PM 121 I would like to see ward-specific councilors as I feel the current citywide setup diminishes the perspectives of parts of the city. 5/1/2023 12:21 PM 122 Have seen no indication that the present structure is not working effectively.4/29/2023 12:33 PM 123 To have a representative from my part of my the city.4/28/2023 12:10 PM 124 Better representation for each district, and a more balanced Council.4/28/2023 10:35 AM 125 A City Council member can represent the wishes of his neighbors.4/28/2023 9:34 AM 126 Unbalanced representation with current city council 4/27/2023 5:53 PM 127 Leadership needs to be elected by the taxpayers 4/27/2023 4:56 PM 128 Stability and equality and fairness.4/27/2023 4:00 PM 129 Better representation 4/27/2023 3:56 PM 130 council members need to look at what is best for the whole city, not what is best for their section of town so they may get re-elected 4/27/2023 3:23 PM 131 While I don't love how the council can swing to be more representative of one area of the City, as has occurred in recent years, I feel the elected obligation to serve to all districts as a whole is important for South Burlington. Also, in the current process, the opinion of the electorate should balance out any district over-representation, if in the end it fails to address the concerns of all residents. 4/27/2023 3:18 PM 132 First, I do not believe that a larger council or municipal board necessarily equates to better representation. It is the role of elected officials to "do the work" of engaging with their entire constituency, and then make the best decisions they can with the entirety of the information they receive. A bigger council does not mean better work. In regards to representation at large or from wards: In general, I believe that a municipal board that is functioning well does not have members who are there solely to make decisions based on their ward. I believe each member of the council should represent the entire city. That would imply an at-large structure is appropriate. That said: I know that our current council is largely representative of only a small portion of our city that represents a certain demographic. I do think that it may instill more trust in the council to make that membership more fully representative of the city. I still believe, though, that once a council member is on the council, their collective job is to represent ALL of us. 4/27/2023 3:14 PM Governance Structures - South Burlington Charter Committee 24 / 41 60.39%93 39.61%61 Q12 School Board Composition – Do you prefer: Answered: 154 Skipped: 21 TOTAL 154 0%10%20%30%40%50%60%70%80%90%100% A School Board with five... A School Board with more th... ANSWER CHOICES RESPONSES A School Board with five members (current structure) A School Board with more than five members Governance Structures - South Burlington Charter Committee 25 / 41 Q13 If more than five, how many School Board members do you recommend? Answered: 66 Skipped: 109 #RESPONSES DATE 1 6 - 9 6/12/2023 10:59 PM 2 7 6/12/2023 4:15 PM 3 10 6/12/2023 2:56 PM 4 10 6/12/2023 2:39 PM 5 seven 6/12/2023 2:20 PM 6 Seven 6/12/2023 1:23 PM 7 7 6/12/2023 12:15 PM 8 10 6/12/2023 12:13 PM 9 Maximum 7 6/12/2023 11:59 AM 10 It has been difficult to find 5 people who stay on the board it seems for the last few years, more board members would make that more difficult 6/12/2023 11:05 AM 11 7 6/12/2023 10:58 AM 12 Hard to find even 5 to serve 6/12/2023 10:31 AM 13 With the rapid turnover of School Board members, often with less than one term or just one term, not sure that having more Members is manageable. Sounds like a good idea. 6/12/2023 10:29 AM 14 7 6/12/2023 10:19 AM 15 7 6/12/2023 10:12 AM 16 Seven 6/12/2023 9:26 AM 17 9 6/12/2023 7:41 AM 18 8 6/11/2023 7:23 PM 19 7 but they must have to dedicate a minimum of 25 hours within the schools and with teachers 6/11/2023 6:54 PM 20 Seven. Given the issues facing school districts, I think having additional members would help with the work load. 6/11/2023 6:03 PM 21 At least eight, for the open meeting law advantages explained above. If from wards, ten, again as explained above. 6/11/2023 7:20 AM 22 seven 6/9/2023 9:21 PM 23 Seven.6/9/2023 6:54 PM 24 7 6/9/2023 6:03 PM 25 Seven: five in a ward system and two at-large.6/9/2023 5:37 PM 26 7 6/9/2023 5:28 PM 27 I would recommend nine members to help share the workload.6/1/2023 2:52 PM 28 7 6/1/2023 7:50 AM 29 seven 5/30/2023 9:37 AM Governance Structures - South Burlington Charter Committee 26 / 41 30 Same as City Council and for the same reasons.5/28/2023 2:01 PM 31 Ten. I like more opinions, more diversity & more people to share the work.5/27/2023 10:27 PM 32 Testing 5/26/2023 12:34 PM 33 7 5/25/2023 7:14 PM 34 n/a 5/25/2023 10:14 AM 35 Consider 7 members.5/24/2023 5:36 PM 36 10 5/24/2023 2:58 PM 37 7 5/23/2023 8:56 PM 38 7 5/23/2023 7:54 PM 39 We need the city and schools to get on the same page!!! The schools age the draw to our community but it will not continue if we do it slow down the building and concentrate on the infrastructure of schools, police and fire!!!! Our school budget is at a minimum and we cannot meet the needs of our students and families without more of a focus on the schools. The schools are our heartbeat and that heartbeat is getting softer and softer!!!!!! 5/23/2023 4:27 PM 40 7 5/23/2023 2:42 PM 41 I prefer 5. Many school board members run unopposed currently 5/23/2023 1:35 PM 42 Unsure.5/23/2023 9:20 AM 43 7 5/23/2023 5:36 AM 44 7 5/21/2023 11:54 AM 45 10-13 members per above commentary 5/19/2023 9:42 AM 46 7. Same configuation as CC 5/18/2023 1:53 PM 47 Seven (7)5/18/2023 12:43 PM 48 Seven to broaden the tent.5/17/2023 9:47 PM 49 Not sure. But there needs to be more diversity of thought in the school board so it is not a monopoly 5/16/2023 7:56 PM 50 At least 7 5/11/2023 7:30 PM 51 I would like to keep the 5 current school board members, but add at least 3 more who are knowledgeable about and able to make good decisions to serve only in matters related to facilities. 5/9/2023 5:47 PM 52 I would match it to the city council to keep consistency and reduce confusion,5/9/2023 8:38 AM 53 Why more? What’s the problem we’re trying to solve?!?5/9/2023 7:48 AM 54 Seven 5/9/2023 7:46 AM 55 7 5/8/2023 11:19 AM 56 7-9 5/5/2023 10:05 AM 57 7 5/4/2023 8:44 PM 58 9 5/4/2023 7:03 PM 59 7 5/3/2023 10:10 PM 60 7 5/3/2023 6:22 PM 61 Ten (10); two from each ward 5/3/2023 5:34 PM 62 As many as are interested 5/3/2023 5:17 PM 63 Seven, same composition as council (wards + two at-large).5/1/2023 7:25 PM Governance Structures - South Burlington Charter Committee 27 / 41 64 7 4/27/2023 6:23 PM 65 7 4/27/2023 5:54 PM 66 7 the City is growing and needs more diversity on boards 4/27/2023 3:24 PM Governance Structures - South Burlington Charter Committee 28 / 41 52.56%82 23.72%37 23.72%37 Q14 School Board – Do you prefer: Answered: 156 Skipped: 19 TOTAL 156 0%10%20%30%40%50%60%70%80%90%100% A School Board with members... A School Board with members... A School Board with members... ANSWER CHOICES RESPONSES A School Board with members elected at large (current structure) A School Board with members elected only from the 5 legislative districts (wards) A School Board with members elected from the 5 legislative districts (wards) and the remainder elected at large Governance Structures - South Burlington Charter Committee 29 / 41 Q15 School Board – Why did you make these selections? Answered: 113 Skipped: 62 #RESPONSES DATE 1 most qualified from the whole city 6/13/2023 3:14 PM 2 fair representation 6/13/2023 1:49 PM 3 Honestly, I'd prefer 2 members from each elementary school district, and any more being at large. 6/12/2023 10:59 PM 4 During the time my three children attended middle school and high school, I saw it was difficult to find quality people willing to serve as School Board Directors. 6/12/2023 7:56 PM 5 My biggest concern with the School Board seats is *filling them.* We have a very hard time fielding qualified candidates. It may be easier if we use the party primary process to help filter here too. 6/12/2023 7:47 PM 6 Same as previous.6/12/2023 6:16 PM 7 The schools are a mess. They represent a small number of citizens but have control because of the current system 6/12/2023 4:15 PM 8 every section of the city should have equal representation 6/12/2023 2:56 PM 9 Our schools are suffering. I am an SB and was proud to move back to SB to raise my kids. Unfortunately, our experience has been horrendous to the point that my youngest will be finishing at a different school. 6/12/2023 2:39 PM 10 Creates tighter relationship with the wards and their issues.6/12/2023 2:34 PM 11 If the legislative districts coincide with individual elementary schools, then having one representative per district could help represent/address local issues. 6/12/2023 2:21 PM 12 same concern as city council 6/12/2023 2:20 PM 13 Each ward has it's own needs and wants.6/12/2023 1:33 PM 14 because no matter where they live they would hopefully want whats best for sb so does it really matter where in sb. 6/12/2023 12:55 PM 15 Most fair way for competition 6/12/2023 12:38 PM 16 Balance between better neighborhood representation and city-wide view; also, more members = easier quorum. 6/12/2023 12:15 PM 17 Prefer just 5. But if we are to go to 10, a mixed Board maintains the benefits of local input, complimented with a city-wide perspective. 6/12/2023 12:13 PM 18 Better representation from different parts of the city.6/12/2023 11:59 AM 19 It feels like it would be better representation.6/12/2023 10:58 AM 20 The city has one school system.6/12/2023 10:56 AM 21 Representative 6/12/2023 10:39 AM 22 Same reasons as with City Councilors 6/12/2023 10:29 AM 23 It is hard to find people willing to run and then serve. The current system seems to get the best results. 6/12/2023 10:27 AM 24 Need more people on schoolboard 6/12/2023 10:19 AM 25 fair 6/12/2023 10:12 AM Governance Structures - South Burlington Charter Committee 30 / 41 26 The board has so many meetings, in addition to the regular board meetings, makes the time commitment required with a five-member board more burdensome that that required of a City Councilor. I believe there should be more School Board members to make the time commitment less and want the members to represent districts to produce a one-person, one- vote representation of residents on all parts of the city. 6/12/2023 9:26 AM 27 Elected representatives from our legislative districts are the better balance.6/12/2023 7:41 AM 28 Accountability 6/11/2023 7:23 PM 29 School board representation should require members to participate within the school and listen to the teachers and have a minimum investment in the school of 25 hours within the first six months of serving. School boards are not, especially effective because they take political views and views of parents and do not fully represent what is best for the children which they must also listen to teachers and observe and celebrate the accomplishments not just criticize. 6/11/2023 6:54 PM 30 I think the third model would help create a more diverse school board. Doing so would help focus on the needs of special needs students and minority population students. 6/11/2023 6:03 PM 31 Local representation 6/11/2023 3:18 PM 32 As explained above, I think this should give all areas of the city representation, and two from each ward gives a council that can very effectively work within the open meeting law. 6/11/2023 7:20 AM 33 I think we need broader representation in the school board.6/10/2023 4:04 PM 34 Better representation 6/10/2023 9:15 AM 35 I think our schools share most of the same challenges/issues, so an at-large election seems appropriate. 6/10/2023 9:02 AM 36 See response to prior question.6/9/2023 10:19 PM 37 Again each district would get better representation on the board.6/9/2023 9:21 PM 38 Same reason as counselors.6/9/2023 8:29 PM 39 School issues are not particularly localized.6/9/2023 8:19 PM 40 I am a former School Board member and appreciate the work that goes with the position. Inevitably, some board members contribute more than others. Expanding the board would allow for a more reasonable distribution of the workload than currently exists. On the other hand I don't think that electing board members from 5 wards would yield a sufficient number of qualified candidates. I believe that the needs of the various districts are well-served by considering the school system as a whole. 6/9/2023 6:54 PM 41 All the districts would have a voice in decisions etc..6/9/2023 6:03 PM 42 This structure seems to work well.6/9/2023 5:45 PM 43 Right-size workload, and represent a more diverse, representative cross-section of SB 6/9/2023 5:37 PM 44 Agree with past Board members recommendations.6/9/2023 5:28 PM 45 This is a structure I trust and have had the most experience with in various towns. I’m happy with what we have. 6/9/2023 5:17 PM 46 *The school board is a tough board to fill...it's thankless, payless work and they are dealing with really big issues now. Let's not limit their ability to serve. 6/5/2023 10:48 AM 47 Abstain 6/1/2023 7:42 PM 48 Getting qualified candidates to run for the school board at large already is hard enough. Furthermore, having five from the legislative districts does not link them to the location of the schools. 6/1/2023 2:52 PM 49 Once again, I truly believe all of the citizens in South Burlington should be able to vote for all school board members. The number of board members should be increased as a function of work load and institutional knowledge. A larger board allows its tasks (e.g, negotiations, addressing aging buildings and overcrowding) to be dealt with far more easily and efficiently. It would also allow for greater institutional knowledge and far more members to not so often be subject to frequent voting. 6/1/2023 7:50 AM Governance Structures - South Burlington Charter Committee 31 / 41 50 Some Board seats have been filled in election with no competitor. This suggests expanding number is would make worse the problem of recruiting candidates. The same reason applies to preferring at large district where there is larger pool to draw from. 5/30/2023 11:44 AM 51 At large for school board makes sense to me since their focus is entirely on school issues 5/30/2023 9:37 AM 52 Asterisk- Consider more districts from different neighborhoods with likely different needs, each with its own member. SBHS has long had a culture where attitudes towards students depended on “whether you turned right or turned left when driving out of the parking lot onto Dorset Street. A more representative school board might, over time, work to ameliorate that culture. More study would be helpful to ascertain whether, and to what extent, this is still a problem. 5/28/2023 2:01 PM 53 Need better representation of every ward.5/27/2023 10:27 PM 54 Testing 5/26/2023 12:34 PM 55 Same as city council reasoning.5/25/2023 7:14 PM 56 It seems that five member is more efficient to get things done. Would like to know more if electing from different wards would be good to get more diverse perspectives. 5/25/2023 5:44 PM 57 My preference is a city-wide pool of candidates.5/25/2023 10:14 AM 58 See no issues at this time 5/25/2023 6:03 AM 59 Same concerns as with councilors elected by district.5/24/2023 10:12 PM 60 I am not knowledgeable enough to recommend a change in the current structure. I will point out that current elementary school districting in South Burlington does not correspond with legislative districts and I question whether that kind of geographic distribution is possible. 5/24/2023 9:34 PM 61 I like the appeal of ensuring broad neighborhood representation, although given how small South Burlington is, I don't know it will make a difference. Maybe it will make for an easier avenue for someone to get involved. I support the choice that offers the most opportunity for collaboration and communication. 5/24/2023 5:36 PM 62 Mirrors the City Council.5/24/2023 2:58 PM 63 There will be times when not all members will be at important meetings. Extra at large members help that situation. 5/23/2023 8:56 PM 64 same reason as city council.5/23/2023 7:54 PM 65 I prefer representation from each ward 5/23/2023 5:49 PM 66 Honestly, I don't really pay attention to the school board because I don't have children.5/23/2023 5:01 PM 67 Again, I think it is good for the school board members to represent all South Burlington residents and not just their districts. 5/23/2023 2:42 PM 68 Currently board members run unopposed. We may not have anyone running for seats if done by district 5/23/2023 1:35 PM 69 Same as my reasoning for City Council.5/23/2023 9:20 AM 70 More perspectives, spread out the work load.5/23/2023 5:36 AM 71 If people from certain districts are under-represented, is it because no one from those districts ran for office? People must be engaged in the process and be willing to run if they want to be represented. 5/22/2023 9:00 PM 72 Indifferent 5/22/2023 4:53 PM 73 As per above commentary.5/19/2023 9:42 AM 74 Keep uniformity of election configuration to avoid confusion 5/18/2023 1:53 PM 75 Better representation 5/18/2023 12:43 PM 76 Adding additional voices will broaden the perspective on education and different needs and expectations. Also a student representative, if it is not now the case, should join the Board at all public meetings and participates in discussions but not vote. 5/17/2023 9:47 PM Governance Structures - South Burlington Charter Committee 32 / 41 77 Same as before. Localism can go too far. Wards are localism too far.5/17/2023 2:34 PM 78 Same problem as before with the ward boundaries needing to be different than the legislative districts to ensure that the wards are approximately equal in population. 5/17/2023 2:31 PM 79 At least each ward should have representatives as well as more opinions so the opinion of the group is not monolithic 5/16/2023 7:56 PM 80 Closer connection to voters and to particular needs of the local schools 5/16/2023 10:45 AM 81 Again, I think it’s important to have all neighborhoods represented. At the same time, I want members to be engaged with the whole city, so I like the idea of a mix of the 2 ideas. 5/11/2023 5:23 PM 82 School board members often seem to represent a narrow set of interests that almost never seem to deal with facilities. This is why our facilities are suffering from lack of budget and attention. 5/9/2023 5:47 PM 83 Enlarging the school board will make it too unwieldy and not able to respond to community needs quickly enough. 5/9/2023 5:33 PM 84 Again, unnecessary 5/9/2023 10:25 AM 85 Same reasons as the city council. I think matching them up makes sense from a consistency perspective. 5/9/2023 8:38 AM 86 Same reason. A ward structure or more board members won’t make the board more diverse.5/9/2023 8:01 AM 87 A ward structure Will not change the composition of the board, or increase diversity. If you want fiversity of thought, make it easier (or possible) for lower income people to participate on the board - the time commitment alone prevents almost anyone from applying, let alone a single parent. 5/9/2023 7:48 AM 88 To be consistent with city council & the work is too much for 5. Wards don’t conform to elementary school locations 5/9/2023 7:46 AM 89 See previous comments about equal representation 5/9/2023 7:31 AM 90 Same comments as above for Council 5/8/2023 7:58 PM 91 Broader perspectives 5/8/2023 11:19 AM 92 School decisions and policy are community-wide issues, not tied to districts 5/5/2023 7:17 PM 93 I think the school issues are less local than the city issues, so the school board should remain all at-large. We have one high school and one middle school, so all kids, no matter where they live, attend the same school. If we have multiple schools (besides elementary) in the future, I could see this question being raised again. 5/5/2023 2:15 PM 94 Same reasons as council- sharing work load, especially the contract negotiations and greater diversity of views 5/5/2023 10:05 AM 95 This would ensure each voting district has a voice and hopefully increase the diversity of the school board. 7 members would lessen workload for each school board member. 5/4/2023 8:44 PM 96 I would like to see more members on the board to help spread out the work the board takes on. I would also like to allow more community represented on the board. 5/4/2023 7:03 PM 97 It is more difficult to get candidates for school board so I think leaving it as it is works best.5/4/2023 3:22 PM 98 There's no hope for public education, I don't give the School Board much thought. The Unions dominate everything with no regard to the taxpayer. 5/4/2023 12:44 PM 99 Brings greater diversity and representation to the board.5/3/2023 6:22 PM 100 Board members need to meet the educational needs of the parents and students without getting involved and bogged down in political correctness and politics. 5/3/2023 5:34 PM 101 Diversity to include, seniors, people with disabilities, people of many colors and opinions 5/3/2023 5:17 PM 102 Similar to City Council, this would allow for a wider span of representation throughout the geography of the community 5/3/2023 4:32 PM Governance Structures - South Burlington Charter Committee 33 / 41 103 Same reasoning as city council -- more representative.5/1/2023 12:21 PM 104 No compelling evidence that districts are necessary.4/29/2023 12:34 PM 105 More balance representation.4/28/2023 10:36 AM 106 Acceptable as it exists.4/28/2023 9:35 AM 107 To represent all community members 4/27/2023 5:54 PM 108 Accountability 4/27/2023 4:56 PM 109 Mirrors the new Council configuration.4/27/2023 4:01 PM 110 Better representation 4/27/2023 3:56 PM 111 School Board members need to think district wide, not just about one school 4/27/2023 3:24 PM 112 I am not sure how to balance it. But, it would be nice to have an equal distribution of school board members representing the three elementary school districts. If the elementary school districts merge, as they inevitably should, than this is much less important. 4/27/2023 3:20 PM 113 Exact same answer as earlier: Larger boards do not equate to better representation and in fact can become bogged down and unwieldy. I also know that if we required school board members to be elected from each ward, we risk having vacancies go unfilled. Unlike city council, school boards are notoriously hard to fill, and requiring representation from each ward may only make that harder. Once the board is elected its job is to gather input from all of the city, regardless of where they reside. 4/27/2023 3:15 PM Governance Structures - South Burlington Charter Committee 34 / 41 Q16 Is there anything else you'd like to share with the Charter Committee? Answered: 73 Skipped: 102 #RESPONSES DATE 1 Less regulations and more freedom to build and prosper will help all citizens 6/13/2023 3:15 PM 2 While I think wards can help diversify representation. I'm not convinced the legislative boundaries are the best ones for our city. Four wards: a south east and south west ward, along with either a city center and center periphery ward, or an old neighorhoods and transitional ward, could achieve a better diversity of members and constituent concerns. 6/12/2023 11:08 PM 3 Thank you for asking!6/12/2023 7:47 PM 4 Shopping on Market Street!!!!6/12/2023 6:44 PM 5 It is unclear to me what is motivating this discussion. If there are genuine structural problems with South Burlington city government, we need to have a full public process of defining them and proposing solutions specific to them. Otherwise, it's mere undirected tinkering, and nothing good will come of it. Why are we talking about a mayor? Expanding the Council? Expanding the School Board? Etc. Why does anyone think any of these steps may be needed? No idea. The resolution on the Charter Committee is totally vague, considering change merely for the sake of considering change Tinkering with a functional government structure without clear motivation, that is to say in a vacuum, is worse than dangerous. 6/12/2023 6:24 PM 6 I do not feel the current government is up front with folks. They are constantly looking for ways to spend money on projects that are not needed. Every year a tax increase is absurd. The unions own the management team 6/12/2023 4:18 PM 7 Invite the mayors of Winooski, Montpelier, and Burlington to attend and provide recommendations about value of city manager and an elected mayor. 6/12/2023 2:59 PM 8 Need more student involvement including students who serve different pop groups (technical education) 6/12/2023 2:40 PM 9 Thanks for your hard work!6/12/2023 2:34 PM 10 Thank you for all the thought and work you have put into this issue.6/12/2023 2:22 PM 11 The city manager / council chair relationship is interesting. I've seen a lot of success with co- directors lately. 6/12/2023 2:21 PM 12 Disappointed with lack of shops/restaurants/pubs on Market St. Also, might need a traffic light at the intersection of Market and Rte 116 6/12/2023 1:25 PM 13 dont fix things that aren't broken.6/12/2023 12:56 PM 14 This change should not be taken lightly and I hope you continue to ask for resident feedback as this proceeds through the various steps to a decision. 6/12/2023 12:01 PM 15 Eliminate the Local Option Sales Tax. With the state keeping 30%, it's a bad deal for city residents. 6/12/2023 10:58 AM 16 In general, the City (City and Schools) seems less accessible than in the past. Maybe this is due to Covid, security issues, etc. Thanks to Sandy Dooley for sending out an email reminder to fill out the survey. 6/12/2023 10:30 AM 17 DRB committee. Should hey be appointed or elected?6/12/2023 10:29 AM 18 I don't want to see our city become so twisted in its governance as has Burlington 6/12/2023 10:13 AM 19 I suggest that you extend the deadline for participation in this survey to June 30.6/12/2023 9:27 AM 20 No 6/11/2023 7:23 PM Governance Structures - South Burlington Charter Committee 35 / 41 21 Please do not be duplicative of other structures. This is an opportunity to be creative and imaginative and think of the future. 6/11/2023 6:54 PM 22 Running the ad in the zither Paper was a good idea!6/11/2023 3:19 PM 23 I would like to again emphasize that the common idea that boards or councils need to have an odd number of members does not stand up to scrutiny, and an even number is more advantageous when considering the open meeting law. Vermont has a great open meeting law, and municipalities should organize themselves to take full advantage all of its parts. 6/11/2023 7:29 AM 24 I value diversity of voices on city councel, changing the structure may help this. I think the economics behind running for council is also an important factor that is not being addressed with these changes. 6/10/2023 4:06 PM 25 Thank you for your work.6/9/2023 8:30 PM 26 Not in favor of larger councils or school boards. More members makes it harder to make decisions and reach consensus. 6/9/2023 8:20 PM 27 No.6/9/2023 6:54 PM 28 I'd like the Charter Committee to keep the status quo which has served the residents of South Burlington well. Councilors serving the community "at large" provide what is best for the entire community. 6/9/2023 5:49 PM 29 The SEQ is over-represented in SB, and it shows in the decisions being made.6/9/2023 5:40 PM 30 No 6/1/2023 7:42 PM 31 I do not agree with moving Councilor elections to November as I believe their election may get lost in the mix with all the Statewide and Federal elections. I'm open to rank choice voting if no candidate is elected with at least 50.1% of the votes. Thank you for all the work performed by the Committee and the helpful public meetings. 6/1/2023 2:59 PM 32 I so appreciate that South Burlington runs fairly smoothly at present. I also LOVE that a City Clerk is elected. Donna Kinville is a true representative of us residents and is relatively independent. 6/1/2023 7:53 AM 33 There is no mention of whether residents and voters would prefer partisan elected officials or not. At least give folks the choice and ask the question if partisan or party oriented candidates are preferable or not. 5/30/2023 9:39 AM 34 The City governance needs to be more representative for the reasons stated above. Since the Planning Commission is also a major policy making body, responsible for creating the Comprehensive Plan and the LDRs, it should also be elected on the same basis as the City Council and the School Board. Currently the membership on the Planning Commission is carefully curated by the City Council majority resulting in the rejecting from membership of great talent and skills as well as a greater diversity (beyond merely race). 5/28/2023 2:11 PM 35 I would like all elections to be conducted using Instant Runoff Voting or the equivalent.5/27/2023 10:28 PM 36 Testing 5/26/2023 12:34 PM 37 Great job. Thank you 5/25/2023 7:15 PM 38 Need to understand tax implications of different options. At the end of the day for most the vote will come down to cost / taxes. 5/25/2023 6:04 AM 39 Thank you for reaching out for citizen input and considering these changes.5/24/2023 9:35 PM 40 If it is within the Charter Committee's juristiction, I would support moving to rank-choice voting for any election the City has control over. 5/24/2023 5:36 PM 41 Please make the City Council representative of all sections of the city.5/24/2023 2:59 PM 42 appreciate the work and for asking good questions 5/23/2023 7:54 PM 43 The message I want you to hear is that the schools are struggling due to population increases as a result of the careless rubber stamping of all building in south Burlington! I moved here for the schools but I would not at this point I my life! I also moved here for the open space and farm land but you all keep building and building! It is irresponsible and your need to take a 5/23/2023 4:30 PM Governance Structures - South Burlington Charter Committee 36 / 41 stand to stop it so that we can be out thriving community again! Also SoBu is a stupid name!! We are south Burlington, not some midwestern honky tonk! 44 I do not think that the city's structure and the school's should be linked 5/23/2023 1:35 PM 45 Thank you for doing this important work.5/23/2023 9:20 AM 46 I believe we should keep things as they are. Our city government functions extremely well. I strongly disagree with the proposals to change the system. If people feel under-represented, the solution is to become involved by running for office or volunteering in some other capacity (committees, etc). Creating a system where each district has to be represented by a councilor, for example, is no guarantee that people from each district will run. 5/22/2023 9:03 PM 47 Thank you for doing this important work 5/22/2023 7:12 PM 48 Past city managers have been blind to the schools needs. Our schools are at over capacity and yet these past City Managers supported a rubber stamp to developers. A politically inclined Mayor will cow tow to developers and make our schools worse off then they are now by saddling tax payers with the school problems. All this while non resident developers enjoy the spoils of taking advantage of South Burlington. 5/22/2023 1:13 PM 49 Thank you for your work.5/21/2023 11:54 AM 50 I would encourage the consideration of term limits and limiting campaign contributions so decisions are based on values & policies, not political or personal agendas. 5/19/2023 9:45 AM 51 I am not sure change is really demanded by circumstances. However if change we must, my recommendations are stated above. 5/18/2023 1:55 PM 52 The information provided for this discussion was well outlined and thorough.5/18/2023 12:45 PM 53 With only 20% of the SB population voting and only approximately 200 plus residents attending the comprehensive plan discussion sessions for City Plan 2024, it may be constructive for SB to emulate the efforts of Arlington, VA to cultivate a more diverse and representative group at the table. https://www.arlingtonva.us/Government/Projects/Arlington-Neighborhoods- Program/College 5/17/2023 10:05 PM 54 I think that elected leaders should have the power to make policy effectively and then be held accountable by voters at the next election. We don't want to make it impossible to govern. 5/17/2023 2:35 PM 55 I'm extremely glad to see this conversation taking place!5/17/2023 2:32 PM 56 In addition to structure, it would be worth exploring the kinds of events or opportunities for leaders to connect with residents. Town meetings, neighborhood gatherings, etc. 5/16/2023 10:47 AM 57 I appreciate that someone is thinking about this, but with so many more pressing concerns, I'd leave well enough alone. 5/9/2023 5:48 PM 58 Please consider going to a public funding system for local campaigns. Seattle has a system called democracy vouchers that South Burlington should consider. 5/9/2023 5:35 PM 59 Thank you for soliciting feedback like this! It’s much easier to work into a schedule than attending a forum. 5/9/2023 8:39 AM 60 Please don’t move to a ward system. It only benefits those who didn’t win the last election.5/9/2023 7:49 AM 61 Only how strongly I feel that the city does not need a mayor!5/9/2023 7:32 AM 62 Not everyone is as progressive as council 5/8/2023 9:00 AM 63 Thanks for taking the time to look at these options!5/5/2023 2:15 PM 64 Thank you for your thoughtful efforts 5/5/2023 10:06 AM 65 Thanks for taking this on. It is good to keep our eyes on not only where the city is right now but where it will be in the next few years as it continues to grow. 5/4/2023 3:23 PM 66 This is important and a big deal but just keep it moving and make a decision is a timely manner 5/3/2023 10:11 PM 67 It is imperative that the City Manager does not have unlimited authority and law enforcement abilities and decision making. 5/3/2023 7:25 PM Governance Structures - South Burlington Charter Committee 37 / 41 68 I think it’s important that as our community grows and changes that we have representation from all the districts and those of varying economic backgrounds. 5/3/2023 6:24 PM 69 No, except thank you for your work.4/29/2023 12:35 PM 70 Outlaw political campaign signs on public property in the city, which would force candidates to hold more public forms and go out and meet and engage with residents more often (more money = more campaign signs = unfair advantage for candidates with less campaign financing). This would also get residents to learn more about what candidates believe in, and reduce the amount of votes candidates get based on who has the most signs up. It would also reduce the unsightly visual pollution that all these signs cause on public property. This new sign policy could be coupled with public financing of City campaigns. There's no reason why each candidate needs more than $1000 to run a campaign, if they hold more public forums, and go door to door more often. 4/28/2023 10:50 AM 71 Market Street is a Housing Street! Where are the stores, or places to bring people to our City Center? Aside from the City Hall/Library building, the new buildings are huge, ugly, and housing units. Once again, residents were sold a “Bill of Goods” when funding was approved. 4/28/2023 9:39 AM 72 Yes you neglected to mention the possible configuration of 10 Councilors from five wards. I think we should take these changes one at a time and the most important is equality through a ward system that will end the SEQ oligarchy. 4/27/2023 4:05 PM 73 the city needs to figure out how to get a wider range of diversity on council and school board so all feel they are being represented 4/27/2023 3:26 PM CITY CHARTER COMMITTEE 12 JULY 2023 The South Burlington City Charter Committee held a meeting on Wednesday, 12 July 2023, at 4:00 p.m., in Conference Room 201, City Hall, 180 Market Street. MEMBERS PRESENT: P. Taylor, Chair; A. Lalonde, D. Kinville, P. Engels, K. Bailey, C. Hafter, E. Fitzgerald ALSO PRESENT: J. Baker, City Manager, C. McNeil, City Attorney; M. Emery, D. Albrecht, S. Dooley, R. Doyle, B. Minier, C. McDonald, W. Coleman, L. Bailey, T. Bailey, M. Simoneau 1. Welcome and Introductions: Mr. Taylor welcomed Elizabeth Fitzgerald as a voting member appointed by the City Council. 2. Agenda Review No changes were made to the agenda. 3. Comments & Questions from the public not related to the Agenda: No issues were raised. 4. Approve Minutes from the 22 June 2023: Ms. Kinville noted that on p. 2, she did not attend the Rotary meeting. She also corrected the spelling of her name on p. 1. Mr. Lalonde moved to approve the Minutes of 22 June 2023 as amended. Ms. Kinville seconded. Motion passed with all present voting in favor. 5. Discussion and possible action on the number of School Board members: Ms. Bailey said there is a School Board meeting coming up at which she will add an update to the Agenda. Mr. Taylor said the Charter Committee can come up with a decision, and if the School Board has another idea, the Committee can listen to that. Ms. Fitzgerald said she spoke with former School Board members who favored expansion of the Board due to the workload and the potential for conflicts with specific topics. Ms. Fitzgerald CITY CHARTER COMMITTEE 12 JULY 2023 PAGE 2 also felt it would be good to have a recommendation from the current School Board prior to creating a final report from this committee. Ms. Lalonde noted that in the survey, 60% of responders favored remaining at 5 members and 40% favored increasing that number. She also cited some increased interest in being on the School Board. Mr. Hafter expressed concern with people with “different agendas” trying to be on school boards. Mr. Coleman said that 8 members has worked on the boards where he has served. Mr. Doyle said there weren’t a lot of parents of school children responding to the survey. Ms. Dooley felt it was an immense amount of work for just 5 people. Mr. Taylor suggested members take a vote as to whether to increase the number of members of the School Board with the understanding they will consider the School Board's response. Ms. Fitzgerald moved that the City Charter Committee recommend the expansion of the membership on the School Board with the understanding that the Committee will reconsider based on the School Board’s response. Ms. Lalonde seconded. The motion passed with all present voting in favor. Members questioned whether to recommend a number or leave that up to the Council and School Board. Ms. Fitzgerald suggested looking for a recommendation from the School Board. Members agreed the number would not necessarily have to be the same for both boards. 6. Discussion and possible action on the number of City Councilors: It was noted that in the survey 54% of responders favored leaving the Council at 5 members. 46% favored having more than 5. Ms. Kinville noted that if there are more members on the City Council that would also increase the number of people on the Board of Civil Authority who are available to help at elections. Ms. Lalonde said she would favor expansion to get more diversity of representation. CITY CHARTER COMMITTEE 12 JULY 2023 PAGE 3 Mr. Hafter said he has worked with 3, 5, and 7 member Councils. 5 and 7 work well. Ms. Fitzgerald said that while 5 works well, the issue she sees is geographic representation. She questioned whether it would be possible to get a more diverse representation with more members. She saw an opportunity to foster knowledge for new members. Ms. Kate Bailey said she would favor expansion. Ms. Linda Bailey said the demographic issue is the big need. She would favor more members as long as voting is not at large. She also noted how daunting and expensive it is to run for the City Council now. Mr. Coleman said it is a lot of work, and it would be good to have more people to do it. Ms. Dooley felt it would be good to get more people involved in the work of the city. She cited that added work of Councilors who serve as liaisons to other city committees. Mr. Doyle said South Burlington is a large municipality, and smaller communities have more Councilors. He noted that in order to interview candidates for committee appointments, the Council had to work in subgroups. Mr. Simoneau said he supported expansion of the Council. Mr. Albrecht said the most important reason for expansion is the growing community. Mr. Bailey said it is hard to think outside the box the city is in. He felt the issue is be more representative. He favored 10 Council members elected from 5 districts with 2 at large. Mr. Engels noted that only 3 members of the current City Council have “institutional memory.” Ms. Emery said that Council membership is not a burden for her. She said the Chicago ward system is corrupt. She felt 7 members wouldn’t evoke a lot of competition, and competition is good. She felt with 7 members you could get people with ulterior motives. Mr. Engels moved that the City Charter Committee recommend the expansion of the number of City Councilors. Ms. Lalonde seconded. Motion passed 5-1 with Mr. Hafter opposing and the Chair not voting. CITY CHARTER COMMITTEE 12 JULY 2023 PAGE 4 7. Discussion and possible action on wards or districts for the School Board: Mr. Fitzgerald noted that in the survey, 53% favored voting at large and 48% favored another method. She personally favored at large and noted that finding new talent will require a community effort. She added that anything that goes to the Legislature should have a solid rationale, and she hadn’t heard that yet. Ms. Kate Bailey did not favor a ward system. She felt there hadn’t been an updated conversation as yet. Mr. Doyle asked whether the Committee has looked at where past and present School Board members live. Ms. Lalonde showed a map indicating this. Mr. Engels noted that the School Board does not have the same “big money” problem the City Council has had. Mr. Bailey said a more representative system is better and favored a ward system as more representative. Ms. Dooley said she would support a ward system for the City Council; she was not sure about the School Board. She didn’t feel they would have to be the same. Ms. Emery suggested having people running from all districts but voting at large. Mr. Hafter said he worked under such a system, and the intent was not to have diversity. Mr. Minier said he could see the value of having people from different parts of the city. Housing is different. Transportation is different. He said the value of wards for both City Council and School Board, more for the Council. Ms. Kate Bailey then moved that the Committee recommend maintaining at large voting for the School Board. Ms. Fitzgerald seconded. Motion passed with all present voting in favor. 8. Discussion and possible action on wards or districts for the City Council: It was noted that in the survey, 37.3% favored voting at large, 32.9% favored legislative districts only, and 29.75% favored 5 legislative districts and the remainder at large. Mr. Engels noted that only 37% percent of responders wanted to keep all voting at large. CITY CHARTER COMMITTEE 12 JULY 2023 PAGE 5 Ms. Kinville said she favored at large because of the costs and the potential change of Legislative districts every 10 years. She also noted there could be years when a ward wasn’t voting for a City Councilor, and voters might not understand that. Ms. Fitzgerald said it was clear from the survey that neighborhoods want to be heard from. She questioned whether there is a different way to accomplish that. She felt the Committee cannot ignore the survey results. Mr. Hafter noted that now he gets to vote for 5 City Councilors; with a ward system, he would vote for only one. He thought there might be other ways to get diversity. He also noted that not every Legislative district is entirely in South Burlington. Ms. Kate Bailey acknowledged the survey results. She felt people deserved a change. She was open to the ward question being put to the voters though she was not convinced that a geographic difference would guarantee diversity. She also would like to look at electing the Planning Commission and Development Review Board and at ranked choice voting. Ms. Lalonde said you can never guarantee diversity. She was not worried about voting districts changing. She asked if everything is fine, why is the Committee having this discussion. She thought 5 districts and 3 at large would be interesting. Mr. Engels favored a ward system. He noted that 4 of the 5 current Council members come from the Southeast Quadrant (SEQ). If the Council goes to a 7 person board, that could be 6 of the 7 from the SEQ. He noted that South Burlington is the second largest city in the State, but he did not see a corrupt Chicago atmosphere in the city. Ms. Emery said you don’t have to spend close to $20,000 to be elected, just talk to people, door to door, and be honest. She said she prefers neighborhood forums instead of voting by wards. She felt wards would create a situation in which people “seem to be bought.” Ms. Kate Bailey moved that rather than having the Committee make a recommendation at this meeting, they recommend the City Council further consider changes to the Council by studying a ward system, ranked voting system, election of a Planning Commission and Development Review Board and other representation for neighborhoods. There was no second to this motion. CITY CHARTER COMMITTEE 12 JULY 2023 PAGE 6 Ms. Kinville asked whether the State, through the city’s charter, allow the restriction of campaign spending. Mr. McNeil said he would have to research that before providing an answer. Ms. Fitzgerald said she felt there should be further City Council consideration of wards. She was not sure about the rest of Ms. Bailey’s motion. Mr. Engels asked if there is support on the City Council for wards. Ms. Emery said “not that I know.” Ms. Linda Bailey said wards are important, and South Burlington is not Chicago. Different areas of the city have different incomes and different issues. Mr. Tom Bailey thought Ms. Kinville was jumping ahead. If you want a more representative form of government, you have to go to a ward system. He urged the Committee to look to the future. Mr. Doyle did not feel Ms. Emery’s comments regarding Chicago were appropriate here. He noted that many communities in Vermont have wards. The larger a voting district is, the more it favors money, and it is a form of disenfranchisement. He felt a ward of partial ward system was essential. Mr. Albrecht handed out demographic information. He cited the city’s growing populations, and the knowledge of where that growth is occurring. He said the city is not monocultural. He also cited the need to be responsive and prepared for the future by making government more open to people. He acknowledged that wards don’t guarantee diversity, but he felt that he is now being taxed without representation.. Mr. Coleman said ranked voting could positively influence many items on the table now. Ms. Dooley rejected the “if it ain’t broken don’t fix it” notion. She said she comes from the “how to make it better” point for view. She said that people’s comments on feeling not represented really touch her. She noted that “diversity” permeates the City’s Comprehensive Plan, and it should permeate city government as well. She added that she contacts representatives that don’t technically represent her, and she has never been told not to contact them. She knows Burlington City Council people who listen to people from other districts then vote on what is best for the whole city. CITY CHARTER COMMITTEE 12 JULY 2023 PAGE 7 Ms. Kate Bailey said the conversation needs to continue. She said she would leave a decision up to the voters. Mr. Minier agreed with Ms. Bailey. Ms. Emery said the city is professionally run. The City Council reviews what the professional staff provides to it. She felt there was a nice balance and didn’t the Council “being the engine.” She thought South Burlington was very well run. Mr. Minier said he felt you would get “more Meaghan Emerys” through a ward system. Mr. Hafter then moved that on the question of whether the city should elect City Councilors through a ward system, the Committee report that it could not reach a consensus. Mr. Engels seconded. Mr. Engels questioned why this is being kept from the voters. Ms. Kate Bailey was concerned that if the Committee didn’t make it clear they want the conversation to continue, it won’t. She asked to amend the motion to include the following words after the word “consensus”: “…on whether to keep the status quo or amend the system.” Ms. Lalonde seconded that amendment. In the vote that followed the amended motion passed with all present voting in favor. 9. Discussion of other items for possible consideration: public campaign financing, ranked choice voting, or other ideas: Mr. Taylor recommended including those items with no recommendation, stating that they were a part of the discussion. Mr. Hafter asked to include non-citizen voting. Mr. Engels asked to include having all candidates on one ballot and having the top 2 elected. Ms. Emery said it is hard to get people to run in areas with entry level housing. She didn’t think it was feasible. 10. Discussion of the final report to Council and timeline: Mr. Taylor suggested trying to draft a report in August. CITY CHARTER COMMITTEE 12 JULY 2023 PAGE 8 Ms. Baker asked if the Committee wanted the City Attorney to draft language on expanding the boards for the next meeting. She said they could leave an actual number blank. Mr. McNeil said the draft would have to include the terms as well. Mr. Taylor said it may be a little early for language. 11. Other Business: The next meetings will be on 9 August and 13 September. As there was no further business to come before the Committee, Mr. Engels moved to adjourn. Ms. Fitzgerald seconded. Motion passed unanimously. The meeting adjourned at 6:05 p.m. 180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov To: South Burlington City Council From: Jessie Baker, City Manager Martha Machar, Finance Director Date: September 14, 2023 Re: American Rescue Plan Act (ARPA) Next Steps The remaining unallocated funds from the ARPA award are $1,951,853. ARPA funds are kept in a separate interest‐bearing bank account. To date, the interest earned on ARPA revenues totals $203,830. This brings the total unallocated ARPA revenues balance to $2,155683. In order to support the Council’s discussion of the award of the remaining ARPA funds, information is provided below on the status of the ARPA award, the timelines, and the data collected from the community. As a reminder, the City of South Burlington received a total allocation of $5,654,533.00. Under the Act, these funds must be allocated by December 31, 2024 and expended by December 31, 2026. As we took these funds as “lost revenue” they can be used for any municipal purpose. Council Approved ARPA Allocations to Date Additional Discussions to Date: Since FY22, the Council has had the following discussions: On June 6, 2022 the Council approved a community engagement process to collect feedback on the use of the remaining ARPA funds. On September 6, 2022 the Council allocated $1M of ARPA funds to three affordable housing projects recommended by the Affordable Housing Committee. 180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov Also at the September 6, 2022 meeting, the Council received the community survey data and discussed the findings. At that meeting, the Council requested to hear from the Committees on their recommendations. At a Special Meeting of the City Council on November 30, 2022, Committees were invited to present their recommendations for using ARPA funds to the Council. At the January 3, 2023 Council meeting, the decision was made to hold on future decisions of the use of the remaining ARPA funds until the new Council was seated after Town Meeting Day. At the April 17, 2023 and May 1, 2023 Council meetings, the Council continued conversations about how to allocate the funds. Attachments Included Community Survey Results from September 2022 Committee Recommendations from November 2022 Matrix as previously provided to the Council 2023 High‐level ideas and options See full list of submittals from the Committees including the matrix previously provided. Support future procurement of a downtown “city green.” Mirror the affordable housing commitment and issue an RFP to support childcare expansion. Create a “business grant program” to incentivize the type of businesses the community wants to see in City Center. Support staff resources to implement the Climate Action Plan with our residents. Support capital resources to implement the Climate Action Plan. Council Action: Provide direction to staff on areas for further investigation, financial modeling, or timing. American Rescue Plan Act (ARPA) Survey Results Andrew Bolduc, Deputy City Manager South Burlington City Council Regular Meeting September 6, 2022 Background •Final Council Survey Approval: June 6 •Survey Live: June 16 •Survey Closed: August 26 •351 Responses o City News o City Website o Other Paper o WCAX story o Event pamphlets Who did we hear from? •Affiliation Ethnicity o Residents –95% (327) o Property Owners –62% (211) o Work in South Burlington –21% (71) o Business Owners –8% (29) •Gender o Female –56.3% (192) o Male –36% (123) o Non-binary –2% (7) o Prefer not to say –5.6% (19) •Age o 15-30 –6% (21) o 31-45 –30% (103) o 46-60 –22.5% (77) o 61-75 –31.3% (107) o 76+ -6% (21) Responses Caucasian 81.82%279 Black/African- American 0.29%1 Latino or Hispanic 1.47%5 Asian 0.59%2 Native American 1.17%4 Pacific Islander 0.00%0 Two or more 0.59%2 Other/Unknown 0.59%2 Prefer not to say 13.49%46 Respondent Location South East Quadrant 33% Kennedy Drive / City Center / Quarry Hill 24% Chamberlin / Mayfair Park / Lime Kiln 18% Shelburne Road / Lakeshore / Orchard 24% Outside South Burlington 1% Education Level 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% High school/GED Bachelor's degree Graduate degree or higherRESPONSES EDUCATION Survey 2020 Census Who did we not hear from? •2020 SB Census Over 65:18.5% •Survey Over 61:37.3% •Ethnicity Responses 2020 Census Caucasian 81.82%83.0% Black/African-American 0.29%3.1% Latino or Hispanic 1.47% Asian 0.59%6.7% Native American 1.17%0.1% Pacific Islander 0.00%0.0% Two or more 0.59%5.8% Other/Unknown 0.59%1.2% Prefer not to say 13.49% Q1: COVID-19 has impacted our daily lives in many ways. In which of the following ways you have been most impacted by the pandemic? 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% 90.00% Financially Socially / Loss of Social Connection Personal Health Access to Services Other (please specify) Q1: Selected Responses -Other •“Housing vulnerability” •“Challenges scheduling mental health services or appointments with doctors” •“Engagement with professional community” •“Access to entertainment, shopping, local businesses” •“Able to more safely bike with less roadway traffic” •“Spent more time recreating outdoors” •“Inability to travel” Q2: In a few words, describe how the pandemic has most affected you and your family Q3: COVID forced a number of changes in the way we live, work, and play. What, if any, of these changes would you like to see continue into the future? Q4: ARPA identified six key purposes for use of this federal funding. How would you prioritize the importance of these purposes for South Burlington? “1” most important “5” is least Q5: The City has identified a number of projects eligible for these once-in-a-generation federal funds. How important do you consider each of these to be for our community? Q5: The City has identified a number of projects eligible for these once-in-a-generation federal funds. How important do you consider each of these to be for our community? Q5: The City has identified a number of projects eligible for these once-in-a-generation federal funds. How important do you consider each of these to be for our community? Q6: Do you have any other ideas on how YOU would like to see this once in-a-generation funding spent to support the community? Q6: Do you have any other ideas on how YOU would like to see this once in-a-generation funding spent to support the community? •Selected unique responses: o “Noise mitigation along I-189 & I-89” o “Noise mitigation along BTV” o “Arboretum/botanical garden at Wheeler Homestead” o “State-of-the-art playground in City Center” o “Reparations” o “More benches along high-use stretches of City rec paths” o “Mountain bike trail” o “Skate park” o “Transform abandoned Pier One retail space into “SAVVY AIR” virus- scrubbed arboretum with air filtration and light therapy” o “Solar pavilion workspace amenity in a city park.” o “Improve sidewalk at White Street bus stop” o “Housing Trust Fund to develop a land bank for affordable housing” Q6: Do you have any other ideas on how YOU would like to see this once in-a-generation funding spent to support the community? Q7: Rank the following options for spending the City’s ARPA funds, 1 (highest) to 13 (lowest) priority? Q7: Rank the following options for spending the City’s ARPA funds, 1 (highest) to 13 (lowest) priority? Q7: Rank the following options for spending the City’s ARPA funds, 1 (highest) to 13 (lowest) priority? Summary Trends •COVID impacts: Dire need for increased access to childcare services •COVID impacts: Isolation & increased use of green & recreational spaces •Broad range of responses •While it did not rank highly overall in prioritization, overwhelming individual feedback on the desire for improvement and development of community recreation spaces •Concerns with aging school district infrastructure Next Steps •Council value statements 3/21: o Transformational “one-time” investments o Biggest “bang for our buck” o Community engagement in decision making process •What ideas haven’t we thought of? •Question 1 –Any additional outreach? •Question 2 –Based on data, any changes in value statements? •Question 3 –What transformational projects do you see in this data? Are there investment areas or categories you would like staff to provide additional information and recommendations? •Question 4 –Timeline. Part of FY24 budget process? Hold any portion of funds for future decision making? South Burlington Recreation and Parks Committee 180 Market Street South Burlington, VT 05403 www.SouthBurlingtonVT.gov MEMORANDUM TO: Helen Riehle, Chair of South Burlington City Council FROM: Mike Simoneau, Acting Chair of South Burlington Recreation and Parks Committee Oliver Pierson, Recreation and Parks Committee Member CC: Jessie Baker, South Burlington City Manager Holly Rees, Recreation Director DATE: November 1, 2022 RE: Recreation and Parks Committee Recommendations for Use of ARPA Funding The purpose of this memo is to request that the City Council approve use of $1.565M of ARPA Funding for a transformational investment in South Burlington’s Recreation and Parks Services and Infrastructure that will significantly improve the overall quality of the user experience, address challenges created by the pandemic (including increased use and social isolation), resolve longstanding deferred maintenance, bring South Burlington’s infrastructure onto a level of quality commensurate with neighboring towns, and increase access to our parks in an equitable manner. The City of South Burlington has received about $5.6 million in federal economic relief funding through the American Rescue Plan Act (ARPA) of 2021. The funding provided under ARPA provides a unique opportunity for state and local governments to make strategic investments in long‐lived assets and build a stronger, more equitable economy as the country recovers. According to the US Department of the Treasury, ARPA funds can be used to address negative economic impacts caused by the pandemic, and cities have broad flexibility to decide how to use this funding to meet the needs of their communities, providing South Burlington with a unique opportunity to improve services in key eligible sectors. To provide City Leadership with guidance on how best to use the ARPA Funds, a survey was conducted and over 350 responses were received. Many respondents clearly highlighted the importance of outdoor recreational opportunities as both an important coping strategy during the pandemic and a priority for the use of these ARPA funds. For example: In response to question #1 on how they have been most impacted by the pandemic, 80% of respondents cited Socially / Loss of Social Connection, an issue that our committee believes can be partially addressed via transformational investments that improve access to and equitable use of parks and recreational infrastructure and services. In response to question #5 asking respondents to rate eligible projects, investments in Recreation and Parks infrastructure we listed as the fifth and eight “very important” priorities. In response to question #6 asking respondents how they would like to see this once in‐a‐ generation funding spent to support the community, the top response from 40 people was Recreation Spaces and the second response from 22 people was Bike / Ped Infrastructure. Also, in response to question #6, the top three project specific responses were Park Improvements, a Community Pool, and a Recreation Center respectively A key summary trend identified in the survey was that COVID lead to increased use of green and recreational spaces Collectively, these results show broad support for use of ARPA funds to support investments in improving Recreation and Parks infrastructure and services in South Burlington, preferably in a manner that addresses the social isolation and loss of connection challenges identified in the memo and increases access to parks in an equitable manner. The mission of the Recreation and Parks Department is to create and support dynamic public spaces and programs which grow, inspire, and create inclusive social interactions through land and people. This mission has been hampered by inadequate investment in maintenance of existing park facilities over the last twenty years, and the increased use of these facilities during the pandemic has exacerbated issues created by many years of maintenance deferrals and under investment. The lack of a “regular funding resource” or specific funding allocation to the Recreation and Parks Department has further limited the Department’s ability to proactively address these challenges and respond to needs and opportunities created by the pandemic. The Recreation and Parks Committee is therefore proposing a strategic investment in improving the accessibility, quality, and safety of the City’s Recreation and Parks Infrastructure, as well as improving the diversity and range of the programs they support. We believe that that the ARPA funds provide an important opportunity for the City to correct deficiencies and bring conditions up to par in places that people have sought refuge in during the pandemic and continue to utilize for their personal well‐being. The Committee believes that if the City doesn’t take this opportunity to address longstanding deferred maintenance challenges with these once‐in‐a‐generation ARPA funds, it will be extremely difficult to find funding for this work in the future, and the suboptimal conditions in our parks and recreational facilities will persist or worsen at a time when the community is increasing use of these facilities. Specifically, the Committee proposes the following investments: 1. Parks Master Plan: The SB Parks System needs to inventory and assess our current assets, identify maintenance needs, and plan for additional facility growth identified via an existing gap analysis and meet our goal of a park with ¼ mile of every residence. In addition, it is essential that we prepare for the future, highlighting additional desired parks, lands, and amenities to provide for our growing community and ensure that diversity and equity considerations are fully integrated into our planning efforts. a. Estimated Cost is $150,000. 2. Transformative Package of Deferred Maintenance on SB Parks: To improve access, safety, usability, and quality of our existing Recreation and Parks facilities, the Committee strongly recommends a significant investment in deferred maintenance at two sites, Veterans Memorial Park and Red Rocks Park. The package, estimated at $1.415 million, includes: a. Veterans Memorial Park Projects (Total Requested Amount is $815,000): Regrowing each of the Soccer Fields, $150,000 Creation of additional soccer field $100,000 Bandshell ceiling beam replacement and lighting installation, $45,000 Basketball Court Renovation, $50,000 Replacing/Upgrading Irrigation to all sport fields, $100,000 Paving‐ South Parking Area from Bathrooms to Entry way, $100,000 Creation of Onsite Storage Facilities, $120,000 Electric Mower, $20,000 Baseball field backstop replacements, $25,000 Full replacement of Baseball Dug Out Sets, $105,000 b. Red Rocks Park Projects: Creation/Renovation of New Bathhouse Facility, $600,000 The Recreation and Parks Committee is mindful of existing ARPA guidance to avoid using these funds in a manner that will create new staffing burdens and/or an ongoing financial commitment for the city, such as for support to the construction of an indoor recreational facility. Rather, this proposal envisions a set of ARPA‐funded activities to improve recreational offerings in South Burlington that can be handled via existing staff and contracts without creating any unsustainable or overly demanding staff burdens. Additionally, the Recreation and Parks Committee is aware that staff capacity to implement these projects is finite, and we therefore propose taking advantage of the entire allowable use period for APRA funds by spreading out the proposed construction and maintenance over three fiscal years, as described in the table below. Timeline of Proposed Investments with ARPA Funds in SB Parks Facilities Funding Item FY24 FY25 FY26 Parks Master Plan $150,000 Regrowing each of the soccer fields $50,000 $50,000 $50,000 Creation of additional soccer field $100,000 Bandshell ceiling beam and lighting $45,000 Basketball court renovation $50,000 Replacing/upgrading irrigation for sport fields $30,000 $70,000 Paving in south parking $100,000 Creation of Onsite Storage Facilities $120,000 Electric Mower $20,000 Baseball field backstop replacements $25,000 Full replacement of Baseball Dugout Sets $35,000 $35,000 $35,000 New bath house facility at Red Rocks $400,000 $200,000 TOTAL $525,000 $755,000 $285,000 Note: Grand Total cost across all three years is $1,565,000. South Burlington Cultural Plan – ARPA Recommendation from the Public Art Committee Approved unanimously by the Public Art Committee August 30, 2022 During Covid, arts organizations were often the first to close and last to reopen and they are still not back to delivering many pre-pandemic programs. Artists lost all opportunities for public engagement with their work and are still struggling while juggling multiple jobs to continue living in our city. A South Burlington Cultural Plan will identify our cultural assets, articulate a vision and action plan for strengthening our creative economy, and position it to grow. A plan is essential to understand how we can support the needs and aspirations of our creative and cultural sector. An RFP will be developed to engage consultants to work with the Public Art Committee (PAC) to define a cultural plan that includes working with artists, organizations, libraries, schools, parks, and the community. The plan will encourage the creation, appreciation, and understanding of the arts to nurture a vibrant inclusive community, foster artistic excellence, and bring people together for powerful shared experiences that inspire a creative exchange of ideas. The arts touch people’s lives in profound ways, providing enrichment for everyone – children to seniors, stimulating creativity and innovation, and enhancing and strengthening our overall community. A plan can also be integrated into all facets of local government to advance broader objectives in the areas of economic prosperity, social equity, the environment, and cultural vitality. As the Vermont Art Council’s Action Plan for Vermont’s Creative Sector states: ● Creativity is essential to the cultural and economic vitality of Vermont. ● Arts, culture, and creativity are just as essential to Vermont’s future as roads, bridges, and broadband. ● Theaters, museums, libraries, parks, and community centers are essential for creative activity. The consultants and PAC will convene stakeholder artists and arts organizations in focus groups, take public testimony, and research how other cities support cultural engagement. Lessons will be drawn from The Creative City Network of Canada and plans from Bennington (VT), Chicago (IL), Chattanooga (TN), Portland (ME), and other municipalities. Surveys and asset mapping will identify South Burlington creative sector enterprises and compare them to state numbers. In 2018, data indicated that 41,000 Vermonters were employed in the creative sector, representing 9.3% of all Vermont jobs in 2018. (Source: Mt. Auburn Associates Report, Assessing Vermont’s Creative Sector, December 2019) Timeline for completion of a proposed plan to present to the City Council is projected to be one year from the approval of the use of the funds and hiring of consultant(s) to work with the PAC, with an estimated cost of $50,000. In the development of this cultural plan, mission, values, operational and financial possibilities, and strategies will be developed and refined with the community as to how South Burlington can: ● Provide the widest variety of opportunities for artists and arts organizations in all disciplines to thrive and build capacity. ● Provide quality, diverse arts and cultural opportunities in all South Burlington neighborhoods for shared artistic expression, inspiring participation in the creation, understanding, and appreciation of the arts. ● Collaborate across artists and arts organizations, community partners, schools, libraries, recreation departments, and businesses in pursuit of richer cultural experiences. ● Explore opportunities to access tax credits and other permit or funding benefits available in the City’s two State Designated areas (New Town Center and Neighborhood Development Area) to support infrastructure rehabilitation, accessibility upgrades as well as new cultural facilities. ● Explore grant programs to directly support local artists and arts organizations. ● Identify and prioritize locations, areas, and other opportunities for new and temporary public art. NOTE: The Vermont League of Cities and Towns reports creative industries often kickstart local economies. Strengthening this sector will help make our city more resilient and a place that more people will want to visit and live. Its suggestions for the use of ARPA funds includes: ● Investment in community-driven creative projects. ● Revitalize downtown areas and created artful spaces. ● Improve and/or increase digital capacity. ● Direct assistance. ● Improvement for disaster recovery and resilience. The outline for the development of a South Burlington Cultural Plan is congruent with these suggestions and align with quality-of-life objectives and strategies outlined in South Burlington’s Comprehensive Plan. November 16, 2022 TO: South Burlington City Council, City Manager Baker From: Natural Resources and Conservation Committee RE: recommendations for additional ARPA funding for 2 Conservation related topics: Treescape maintenance and preparing the Open Space Plan 1) While there are different opinions as to the treatment or removal of ash trees, the Committee recommends that City Council allocate $50,000 of ARPA funds in order to maintain the City Treescape. The city’s CIP will fund the removal and replacement of street trees, ash trees in parks and forests are still vulnerable. With funding from ARPA, the city could offset the loss of these trees by planting additional trees or could hire a contractor to treat select ash trees in forests with an insecticide, with the goal of keeping the trees alive long enough for a new method using parasitoid wasps currently under study to become available. The Committee has met several times with DPW Director Tom DiPietro and City arborist Craig Lambert to discuss the City’s plans to remove ash trees from select neighborhoods in anticipation of the emerald ash borer infestation. We recommend ARPA funds be added to the yearly City budget for treescape maintenance and be used at the discretion of the City arborist whether for purchasing new trees as replacements or for selectively treating Ash trees of note. 2) The NRCC is in the early stages of creating an Open Space Plan, as directed by our charge from Council. No one on the committee feels that they have the skills to facilitate the development of a significant document like this. We request that $25,000 of ARPA funds to hire a contractor/facilitator to help the committee organize ideas and hold at least 2 public input meetings. The committee would like to gather public input early in the process to help shape the plan’s vision and goals. We feel that this is important so that the plan will reflect the community’s values about land conservation. We then hope the facilitator will help us incorporate the input we receive into the final Open Space Plan. The NRCC anticipates doing this work in 2023 and 2024. We anticipate that the funds could be used for a consultant to do outreach and advertising for public participation, convening meetings with the technical requirements for hybrid meetings, and follow up drafting of relevant input into the plan. 1 1 South Burlington Public Library with South Burlington Recreation and Parks ARPA Bookvan Proposal November 30, 2022 ARPA Project Request The Library Board of Trustees requests consideration for a $160,000.00 grant to purchase and fit up an electric panel van to best transport reading and recreation around the community. We will fundraise to pay for limited new books once the bookvan is on the road, and work with the Friends of the Library to add donated books to the collection. This project will require a part time staff person in FY 24 to handle the library collections and programs, plus volunteers. The Recreation piece will use existing staff. Overview Many residents of South Burlington are unable to get to 180 Market Street for library services. Fragile older adults may not leave their homes. Young children may be in childcare from 8:00 am to 6:00 pm. Some individuals and families may only have one vehicle that is used by someone else in the family to get to work. Others have transportation but need us to go to them to invite them to 180 Market Street. In order to 2 2 share books and a love of reading with these members of our community, the South Burlington Public Library will hire a part time employee and use volunteers to institute a bookvan program which will visit child care centers, senior residences and neighborhoods in South Burlington. We will share the van with the Recreation Department, which will use existing and seasonal summer staff to schedule weekly activites at various locations to support impromptu recreation play. Goals ➢ Bring high quality books to homes, child care centers and senior residences ➢ Help people overcome transportation barriers to getting to the library ➢ Schedule and publicize stops that will include engagement options for multiple age ranges ➢ Serve as an outreach tool to provide services to underserved populations ➢ Spark enthusiasm and interest in reading for childcare providers ➢ Provide outreach programming such as storytimes, storytelling, and book discussion groups ➢ Disburse information about City of South Burlington services and programs, including those presented by the Library and Recreation and Parks Sites Served & Services Offered Based on our values of diversity, inclusion and equity, the bookvan is designed to go to locations we have identified as places where people may not or cannot get to the library and may not take advantage of recreational programs. 3 3 1. Catching kids in childcare Monthly visits from October to May to South Burlington’s child care centers and home daycares, on a rotating basis, from 10:00am-12:00pm. Carts are brought into each classroom, where each child picks one book, and a bag of books is left for class use. Books are checked out for the month and returned on the next visit, at which point carts are rotated and another cart is brought. Depending on the site’s interest, storytime or storytelling can be incorporated. 2. Bringing the library to our older adults Monthly visits from October to May to the four senior living establishments in South Burlington, one residence per week between 1:00-3:00pm. Carts are brought into the lobby/living area for residents to browse. Books are checked out for the month and returned on the next visit, at which point carts are rotated and another cart is brought. If residents have specific requests, holds can be placed and brought at the next visit. Library cards can be given if needed. Users will learn about library services and about programs offered at the Senior Center. 3. Making Community Connections Currently the Recreation and Parks Department coordinates with CHT (Chittenden Housing Trust) to do a summer visit to each of their properties; meeting the residents where they are. We would continue to do these as well as broaden the outreach to other congregate housing communities. The Library will join us, giving children and adults the opportunity to choose books from book carts that will be placed outside the bookvan, as well as sign up for a library cards. 4. Rec On The Go! 4 4 Through the use of current full time and seasonal summer staff, the Recreation and Parks Department would utilize this resource to schedule weekly activities at various locations to support impromptu recreation play. A full calendar of these opportunities would be published and available in advance to the community and would include engagement options for multiple age ranges and varied locations. 5. Pop-Ups in the Parks We would utilize current staff to support evening and weekend pop up events for residents throughout the year in all of our parks and open spaces. We would utilize full time staff as the primary resource for this, but also supplement with interns from UVM who are interested in community healthy, wellness, physical education, recreation and tourism etc. Collection Development Policy The Bookvan’s collection development policy aligns with that of the South Burlington Public Library’s overall goal in collection development: to meet the informational, educational, and recreational needs of the community. This policy is intended to provide guidance for the evaluation, selection and deselection of materials and define the scope and standards of the collection. The end result will be a well-balanced collection that reflects factors including, but not limited to our community’s varying economic, racial, ethnic, and educational backgrounds, within the limits of our budget. This policy will be reviewed annually and will reflect changes in our community. The Bookvan will carry popular fiction and nonfiction materials. Juvenile fiction, early readers and picture books will be purchased new and used. Adult best sellers and new releases will be kept current through the use of a leasing program. Other adult fiction 5 5 and nonfiction will be borrowed from the library’s main collection or donated by the Friends of the Library. MEMORANDUM TO: Helen Riehle, Chair of South Burlington City Council FROM: Tim Perrin, Chair of South Burlington Energy Committee CC: Jessie Baker, South Burlington City Manager DATE: September 1, 2022 SUBJECT: Energy Committee Recommendations for ARPA Funding The City has received about $5.6 million in federal economic relief funding through the American Rescue Plan Act (ARPA) of 2021. These funds were awarded to: ● Fight the pandemic and support families and businesses struggling with the impacts ● Maintain public services ● Build a strong, resilient, and equitable recovery This funding presents a unique opportunity to transform aspects of South Burlington’s infrastructure and services to align with the City’s climate goals, drive the transition to a more equitable and sustainable energy economy, and improve the resilience of our community. The Energy Committee would like to submit these recommendations and examples for how ARPA funding can be utilized in the most impactful ways for our energy systems and climate utilizing current technologies in high-visibility projects. Support the electrification of heating systems and vehicles ⮚ We recommend ARPA funding be used to hire a partner organization to develop educational materials, conduct outreach and community engagement activities, and accelerate heat pump deployment across South Burlington. ICLEI Local Governments for Sustainability has determined that 10% of South Burlington’s housing stock needs to be transitioned off fossil fuels each year to hit our greenhouse gas reduction targets. Estimated cost = $100K. ⮚ The City should consider purchasing at least one electric ride-on lawnmower for Public Works to use and promote as a technology demonstration. All types of lawn equipment now have electrified options and the City can help validate performance and stimulate adoption by households and businesses across the community. Estimated cost = $35K. ⮚ To help promote the transition to electrified lawn equipment, funding could be applied to buy back existing gas-fired equipment from income-qualified households as an incentive for early retirement of legacy lawn mowers, weed wackers, and leaf blowers. Estimated cost = $250K. ⮚ To help promote the transition to electric vehicles across the city, offering grants to businesses, affordable housing, and institutions to invest in electric vehicle charging infrastructure on their property. Estimated cost = $500K. Reduce barriers to utilizing mass transit ⮚ Vermont’s weather can serve as a major deterrent to the utilization of mass transit, as most bus stops do not provide adequate protection from the rain, snow, and wind. We encourage the City to buy and install small shelters or simple covered areas for all the bus stops in South Burlington. Offering this refuge from the elements can help increase bus ridership with a nominal investment by the community. This project has been discussed with Green Mountain Transit leadership and they are supportive of the concept and open to a partnership. Details of the partnership would need to be finalized once this project receives approval from the City Council. Estimated cost = $200K for (5) shelters. ⮚ While mass transit can be an attractive option for individuals who live close to a bus route, many have to travel inconvenient distances to access a bus stop. ARPA funding could be utilized to bring on a consultant to assess pathways for increasing access to public transit. Many communities are exploring micro-transit using smaller vehicles like vans to help accommodate more customized service for individuals who do not live near a bus stop. The City can invest in a pilot to better understand the role that micro-transit services can play as a more sustainable transportation option for community members. Estimated cost = $500K. Create more pedestrian and bike-friendly transportation options ⮚ Accelerate the timeline of the "Penny for Paths" project plan to build more bike & pedestrian paths and sidewalks. This will give people more options for how to get around South Burlington safely and conveniently without a car. The result will be reduced traffic, reduced emissions, reduced noise, improved health, and better personal connections between people as they see each other on the path and sidewalk system. Estimated cost would be determined in coordination with the Bicycle & Pedestrian Committee. ⮚ Add sidewalk or multi-use paths in targeted areas across the city to better accommodate pedestrians & cyclists and provide faster and safer bike travel to locations across the community. Connecting the separated sidewalks on Hinesburg Road between Tilley Drive and Rye Meadows and extending the multi-use path on Williston Road to Kennedy Drive are two examples. Estimated cost would be determined in coordination with the Bicycle & Pedestrian Committee. ⮚ Partner with appropriate organization(s) and subsidize the purchase of electric bikes and any necessary charging equipment income-qualified households to accommodate local transportation needs. Estimated cost = $35K. Support formulation of the budgeted implementation program plan for the South Burlington Climate Action Plan ⮚ Hire a consulting firm to follow up on the Climate Action Plan and subsequent implementation plan to create a fully-fledged budgeted program. This would include identifying funding sources, methods, and timelines to obtain funding. This plan would be to the level of detail of administrative and overhead cost budget for the city and the salaries of the program management unit. Estimated cost = $100K. Energy Committee Recommendations for ARPA FundingNovember 30, 2022 11/30/2022 South Burlington Energy Committee RecommendationSupport the beneficial electrification of heating systems & vehiclesRecommendation Estimated Cost Alignment with SB PrioritiesCommunity engagement to accelerate heat pump deployment$100K Affordable & Community StrongGreen & CleanPurchase an electric ride‐on lawnmower for DPW $35K Green & CleanBuyback program for existing gas‐fired lawn equipment $250K Affordable & Community StrongGreen & CleanGrants for electric vehicle charging infrastructure $500K Affordable & Community StrongGreen & CleanOpportunity Oriented 11/30/2022 South Burlington Energy Committee RecommendationReduce barriers to utilizing mass transitRecommendation Estimated Cost Alignment with SB PrioritiesInstall small shelters for bus stops $200K Affordable & Community StrongWalkableGreen & CleanDevelop micro‐transit services $500K Affordable & Community StrongGreen & CleanOpportunity Oriented 11/30/2022 South Burlington Energy Committee RecommendationCreate more pedestrian & bike‐friendly transportation optionsRecommendation Estimated Cost Alignment with SB PrioritiesAccelerate “Penny for Paths” project plan Bike/Ped Committee ConsultationAffordable & Community StrongWalkableGreen & CleanAdd sidewalk or multi‐use paths in targeted areas across communityBike/Ped Committee ConsultationAffordable & Community StrongWalkableGreen & CleanSubsidize the purchase of electric bikes & charging equipment$35K Affordable & Community StrongWalkableGreen & Clean 11/30/2022 South Burlington Energy Committee RecommendationSupport development of implementation program plan for Climate Action PlanRecommendation Estimated Cost Alignment with SB PrioritiesHire outside firm to create a fully‐fledged budgeted program$100K Affordable & Community StrongWalkableGreen & CleanOpportunity Oriented From:Michael Biama To:Jessie Baker Cc:jrbipad@gmail.com Subject:"EXTERNAL"Updated & Revised Recommendations for ARPA Funds Date:Tuesday, November 22, 2022 10:38:30 AM This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Dear City Council Members, During its most recent public meeting, The Economic Development Committee spent some additional time discussing the most effective use of the City’s remaining ARPA funds. The result of this discussion was that the Economic Development Committee would like to revise its top three recommendations for areas of support, as well as propose some specific ways in which the money could be used to impact these areas. These recommendations are included below for your consideration. Ranked in Order of Priority: 1. Child Care a. Establishing a grant program that existing operators could use to expand program capacity. b. Establishing a grant program that existing operators could use to provide bonuses to educators working in regulated childcare programs, assisting in employee retention. 2. Support Local Businesses a. Establishment of a Revolving Loan Fund. Revolving loan funds exist in other municipalities around the State and have been highly successful in assisting local businesses in times of need. With interest rates rising quite rapidly, this could be an effective use of ARPA funds that would allow struggling businesses to access low-cost capital. Assuming this is a feasible use for the ARPA funds, it would be a great way to establish a program that could benefit the City for many years to come. 3. Water, Sewer, Stormwater Infrastructure a. Supporting the stormwater division as they continue to help address the implementation of the new general stormwater permit (9050) would be an excellent use of ARPA funds. The city has already taken a leadership role in helping non- conforming property owners design systems that will meet the new state requirements. However, the implementation of the systems that are currently being designed, and the cost associated with their construction, is still a big unknown. Establishment of a general stormwater fund to address the new 9050 permits requirements would be a great use of ARPA funds as well. Please reach out to the Chair or any of the members of the Economic Development Committee should you have any questions regarding these recommendations. Thank you for your time and consideration. Sincerely, Economic Development Committee Committee Common Area For Dogs 180 Market Street South Burlington, VT 05403 www.SouthBurlingtonVT.gov MEMORANDUM TO: Helen Riehle, Chair of So Burlington City Council FROM: Betty Milizia, Chair of So Burlington Committee on Common Areas for Dogs. CC: Jessie Baker, South Burlington City Manager Holly Rees, South Burlington Recreation & Park Director Matt Cota, South Burlington City Council Liaison to the CCAD Members, Committee on Common Areas for Dogs DATE: November 21, 2022 RE: Committee on Common Areas for Dogs Requests for Use of ARPA funding South Burlington is in an exciting time of transformation. If anything, positive came out of COVID, it was the time we spent examining what is most important in our lives. The South Burlington COVID survey asked: “HOW HAS COVID‐19 IMPACTED ON YOU?” It is striking that 80% of people reported the loss of connection and physical isolation from others as having had the most profound impact on them, even though, people adjusted to working, attending classes, worshiping, celebrating birthdays, socializing and even receiving healthcare, remotely. We shopped online and ordered over the phone. Other studies also showed that people living alone, experienced more isolation, depression, anxiety or ability to cope. But, for those living with pet companions, the impact was lessened by the ability to have physical contact with another living being. Pet adoptions rose by 30%. The Human Society of Chittenden County reported a 50% increase in adoptions in 1 year. Pet companions gave people purpose, routine and a way to have a physical connection. People with dogs, had a reason to be outdoors for fresh air, exercise and socialize “in‐person”. If there was a dog park nearby, they walked and their dogs could exercise. Everyone could socialize. Those without a park, sought them out and drove. All community members deserve to participate and enjoy community life safely and with minimal interference from others, both people and dogs. Meeting the needs of dogs, reduces the negative perceptions and challenges of their presence. Presently, their public lives are governed by restrictive leash laws that prohibit them from being off‐leash to get essential “play” or exercise, except in a dog park, if they can find one. There are approximately, 3500 dogs living in South Burlington. Many more visit, daily. The newly opened 1 acre, Wheeler Dog Park, is already becoming a “destination” dog park, drawing people and dogs from all over the county. Our other small “neighborhood” dog park on Farrell St is in disrepair, it can’t serve the needs of the hundreds of dogs living nearby. The lack of space and sanitation infrastructure in the city, relegates dogs to being seen as interlopers and nuisances and their guardians as irresponsible and law breakers. South Burlington’s pursuit to be transformative and meet the needs of our community and the region are exciting. The type and location of housing and planned public space will dictate the type of infrastructure needed, not necessarily the number of dogs here. Will we need destination or neighborhood dog parks? Will neighborhoods and public spaces have common areas? Will concentrated housing have pet relief areas? The following is the list of projects, timeframes and costs for use of ARPA funds. Current needs: • Complete Wheeler Dog Park (FY ’24) • Refurbish Farrell Dog Park (FY ’24) • Identify and install sanitation resources, as soon as possible. (FY ’24) • Develop master plan for 3 new dog parks/runs (FY ’25) o City Ctr “neighborhood” (walk <15 min) (FY ’25) o SW district “neighborhood” (walk<15min) (FY ’26) o NE district “destination” (walk< 35 min, short drive +/‐ 1 mile) (FY ’26) • Comprehensive Plan needs to be more supportive of a growing pet population. o Guidelines for new developments and redevelopment, should provide more livable spaces and support the wellbeing of all users. Require large compact multi‐unit housing to have sanitation amenities. Require all large single/condo developments to include a “neighborhood” dog park or contribute to a dog park fund for city to develop. Install sanitation amenities on city owned open space/ entrances to parks and trailheads. Proposed ARPA Funds request to develop SB Dog Parks & Common Areas Infrastructure Funding Item FY24 FY25 FY26 Determine possible options to expand area and improve accessibility in Wheeler Dog Park 16,000 Purchase/ install 16 dog waste bag dispensers (citywide) $300=tax/ dispenser 15,000 Add amenities to Wheeler Dog Park: water, shade, seating 10,000 10,000 Complete refurbishment of Farrell Dog Park 60,000 Add amenities to Farrell Dog Park: water, seating, play structures 10,000 Dog Parks Master plan to select new locations for additional dog parks/runs 60,000 Construct new dog park/run (NE district) 100,000 Construct new dog park/run (SW district) 60,000 Construct new dog park (City Ctr district) 100,000 TOTAL 101,000 180,000 160,000 Note: Grand Total cost across all three years is. $441,000 The Committee on Common Areas for Dogs is aware that project timeframes may interfere with staff priorities. However, we emphasize the reality that addressing a number of these projects have been delayed for years and will only create more challenges and issues, if they are delayed further. We hope you will take this fact into consideration. And again, are grateful for the opportunity to participate in this process. Memorandum To: South Burlington City Council Cc: Jessie Baker, City Manager Erica Quallen, Bicycle/Pedestrian Committee Staff Liaison From: South Burlington Bicycle and Pedestrian Committee (SBPC) Date: November 22,2022 Re: Bicycle and Pedestrian Committee ARPA funding request Dear Council Members, I’m writing on behalf of the SBPC to submit our request for project to be paid for with ARPA funding. Proposed Project: Scope, design and replace 5 ‘ shared use path into 10’ shard use path along Hinesburg Road/Rt 116 between Kennedy Drive and Williston Road. The current paving is in serious disrepair, and is too narrow for two-way use. Please see attached map. Cost: Total cost is 1.3 million, with about half of this anticipated to be covered by grants. Any portion of this would be welcome, and we could potentially start the project sooner than the FY 24-26 noted on our current CIP. Please see attached CIP plan for further details. Rationale: This project addresses negative economic impacts on families and small businesses, by allowing residents better access to shops and services of Market Street and Dorset Street, and the plaza at the end of Hinesburg road- without need for a car or expensive gasoline. It would also connect students to Central School, Tuttle Middle School and the High School. The latter two schools via Greenway between Willison Road, Mayfair park and Prouty Parkway. This would serve community members living in the neighborhoods immediately adjacent to Hinesburg Road, as well as those living along Kennedy Drive, in the O’Brien Development, and along the Greenway from Mayfair Park and Williston Road. Summary: We think this project would serve many households and businesses in City Center along with enhancing recreation opportunities and fostering a more pedestrian friendly culture. Respectfully submitted on behalf of the BPC, Havaleh Gagne Chair, Bicycle and Pedestrian Committee PROJECT:Hinesburg Road Shared Use PathJUSTIFICATION: Operational Impacts:DEPARTMENT: Bicycle/PedestrianCONTACT: Erica QuallenFINANCIALS (in $1,000)FY24 FY25 FY26 FY27 FY28 FY29 FY30 FY31 FY32 FY33Total:Estimated Costs:Studies, Design, Eng, Inspection, GC, Legal 75 10 85 Land/ROW/Easement Acquisition10 10 Construction500 750 1,250 ‐ ‐ ‐ ‐ ‐ ‐ ‐ Total Estimated Costs:‐ ‐ 75 520 750 ‐ ‐ ‐ ‐ ‐ 1,345 Funding Sources:General Fund‐ Secured Grants‐ Anticipated Grants400 500 900 Penny for Path Debt Proceeds 75 100 150 325 Recreation Impact Fee‐ Highway Impact Fee20 100 120 Developer Contributions‐ ‐ ‐ ‐ Total Estimated Funding:‐ ‐ 75 520 750 ‐ ‐ ‐ ‐ ‐ 1,345 DESCRIPTION: Scope, design, and replace existing 5' sidewalk with 10' shared use path on Hinesburg Rd between Williston Rd and Kennedy DrImprove pedestrian and bicyle safety on Hinesburg Rd and make connection between future shared use path on Williston Rd and existing shared use path on Kennedy DrEstimated Annual Operating Cost:FINANCIALS COMMENT:Estimated Revenue Per Year:STATUS: Not started.Winter snow removal, periodic repavingChange to workload by requiring large plow for path, rather than sidewalk but in the vicinity of currently paved pathsN/A 1 ARPA PROPOSAL Affordable Housing Committee November 22, 2022 Committee Members Janet Bellavance Leslie Black-Plumeau Vince Bolduc Sandra Dooley – Vice-chair Tom Getz Emily Holt-Gosselin Ariel Jensen-Vargas Darriyln Peters John Simson Chris Trombly - Chair Executive Summary The Affordable Housing Committee was tasked to provide recommendations on the spend down of the remaining ARPA funds and give consideration of the community ARPA survey as well as the city council’s desire for recommendations that would deliver transformational change and the biggest bang for its buck. The Affordable Housing Committee requests that the City Council fund one-time expenses for two of our FY2023 priorities by using a portion of the remaining ARPA funds. The use of the funds is consistent with the program's intent by providing an equitable recovery and saving the general fund in FY2024. 1/ Housing Needs Assessment & Opportunities Up to $100,000 2/ RFP for Child Care Grant City Council Discretion 3/ ADU Grant Program $225,000 The motion for the proposal was passed unanimously. Thank you for your consideration. Christopher Trombly Chair, Affordable Housing Committee 2 Housing Needs Assessment and Opportunities Background A housing needs assessment is a critical planning tool for identifying local policy solutions for a community’s most urgent needs. It involves using data and local voices to identify gaps between a community's existing housing stock and the current and future needs of residents. It is ideal to update a town's housing needs assessment every 5-10 years, due to ongoing changes that affect the demand for and supply of housing, such as population demographics, impacts on housing quality, changing state and federal resources and housing market fluctuations. The last South Burlington housing needs assessment was conducted almost 10 years ago The housing section of the municipal plan should provide current information and guidance regarding local housing needs, including how much housing is needed in the community and regulations proposed to meet local needs. The Housing Needs Assessment will provide the needed data for the City to set sustainable targets, types, locations and goals for housing growth in South Burlington. South Burlington has experienced unprecedented changes in the last five years, including the groundbreaking of the City Center, the COVID-19 pandemic, and efforts to establish federal state and local goals regarding climate change. Action recommended We recommend that the South Burlington City Council task the Affordable Housing Committee with developing a scope of work and an RFP for hiring a consultant to conduct this assessment. We recommend that the South Burlington City Council budget up to $100,000 to pay an external consultant to conduct and prepare a report about the housing needs assessment and highlight opportunities to increase housing affordability. Data obtained through City, state, and Census Bureau sources, including on the Vermont Housing Data Website, by the consultant, will be used to analyze the current conditions of South Burlington housing market and assess future housing needs. The types of data analysis to be conducted by the consultant will include, but will not be limited to, availability, affordability, and future needs for owner homes, rental housing, and perpetually affordable housing. Both raw data and the results of the data analysis will be provided to the South Burlington Affordable Housing Committee in a written report or similar format. The consultant will review this document with the Affordable Housing Committee at a regular Affordable Housing Committee meeting. This document will include data, data analysis, and recommended implementation measures to address identified housing challenges in the city of South Burlington. 3 Housing Needs Assessment and Opportunities (continued) Model scope of work outline Demographic, geographic and economic data review The consultant will gather and analyze information through city, state and Census Bureau data sets regarding population, households, housing and employment including, but not limited to, historical and population growth trends, demographic data, household data, and employment data. Housing Stock, Trends and Projections This will include information about new residential units, types of building permits issued, trends across the City and estimated rental and owner home vacancy rates. Market Analysis The Consultant will study residential real estate trends of all types of housing, including an analysis of past residential sales prices, length of time on the market, and other relevant real estate metrics. As part of the market analysis, a survey of community stakeholders and residents, particularly of underserved communities, would be preferred to hear their voices in the final report. City housing levers Review of land development regulations and other city requirements that affect housing affordability and availability. Areas of specific interest are: • Planning and Zoning Regulations Analysis • Density • Impact Fees • Parking Requirements • Landscaping Requirements • Energy Efficiency Requirements • Inclusionary Requirements • State and City Designations (Downtowns, NDAs, Transit Overlay Districts, etc.) • Planning and Zoning Process Analysis • Staffing • Average Time To Review and Approve Applications • Staff and DRB Discretion / Waiver Regulations • Intangibles (attitude, availability, collaborative vs. adversarial) Implementation Strategies and Recommendations The Consultant will develop recommendations for specific types, rates, and other housing needs based on the data review, projections, market analysis, and regulation review. 4 RFP for Childcare Proposal The Affordable Housing Committee recognizes the overwhelming support in the Community APRA survey identifying Childcare as the highest priority to spend the remaining ARPA funds. We recommend that the City Council earmark some of the remaining ARPA funds to initiate an RFP process, similar to the affordable housing program, to seek requests from the Child Care community, who can most effectively deliver this assistance to the community with the highest impact. While childcare is not within the scope of the Affordable Housing Committee, members have expressed an interest in participating in helping accomplish this objective. Childcare also indirectly supports other high priorities reflected in the survey: addressing income disparities, local business support, and racial disparities. 5 Accessory Dwelling Unit Incentive Program The Affordable Housing Committee proposes that the City Council provide $225,000 from the ARPA allocation to launch a grant program to incentivize the construction of 15 Accessory Dwelling Units (ADUs) in the City. Grants could be used for detailed design and construction. It would serve as a demonstration program to add rental units to the housing stock and create publicity and interest for City homeowners going forward. Grants could be up to $15,000 each. ADUs approved under the program would involve interior renovations and small additions to an existing house footprint. It is anticipated that ADUs developed would average 500 to 750 square feet and would cost $60,000 to $125,000. Homeowners would be invited to submit an application including preliminary design, a budget and financing plans. Prior to launching the program, the City will develop educational materials, including how to be a landlord, sourcing designs, financing and finding a contractor. Programs of this kind already exist in Montpelier and elsewhere in the US and model educational materials would be available for adaptation. The program would require that the City’s grant be for “early money” such as detailed design, material purchase, and foundation work to ensure that it is spent within the parameters of the ARPA timing requirements. Proof of firm financing would be required before a grant is made and guarantees confirmed that the resulting housing unit would be a long-term rental with a one- year or more lease and a long-term commitment by the owner. Although the program is only likely to deliver 15 affordable rental housing units, it could be easily and quickly implemented compared to alternatives. Under inclusionary zoning, it would require 100 units of multi-family housing to equal the number of affordable units we expect this program to complete. Such development in our City would take many months before construction and months to complete. All ADU development contemplated would be within existing neighborhoods and comply with our Land Development Regulations by right. Another significant benefit to homeowners is the opportunity to receive additional income from rent. We know that there are many homeowners in the City who are struggling financially. If they can afford to access this program with financing plus a City grant, the added income will help long term. It has been suggested that grants be restricted to homeowners at or below median income. Although desirable, such a requirement might stifle the program because few lower-income households would want the burden of debt or be unable to obtain a home equity loan large enough to complete an ADU. We believe most applicants will choose to remain in their current house and rent the ADU. By definition, a 500 to 750 sq ft home will be affordable to households in need of housing. The Affordable Housing Committee is prepared to research and develop the information packet for prospective applicants. Champlain Housing Trust can be approached about helping with administration. ARPA MatrixUpdated: 3/28/23Requested byAffordable Housing Committee Complete a Housing Needs and Opportunities Assessment$100,000 NYAffordable Housing Committee Support child care Council Discretion NA YAffordable Housing Committee Launch an ADU grant program $225,000 NYBicycle & Pedestrian Committee Scope, design, and replace the 5' shared use path into a 10' shared used path along Hinesburg Road/Rt 116 between Kennedy Drive and Williston Road$1,345,000 YNCommon Area for Dogs Committee Expand Wheeler Dog Park $16,000 NYCommon Area for Dogs Committee Purchase 16 dog waste bag dispensers $15,000 NYCommon Area for Dogs Committee Add amenities (water, shade, seating) to Wheeler $20,000 NYCommon Area for Dogs Committee Farrell Dog Park Improvements $70,000 NYCommon Area for Dogs Committee Complete a Dog Master Plan $60,000 NYCommon Area for Dogs Committee Construct a new dog park/run (NE) $100,000 NYCommon Area for Dogs Committee Construct a new dog park/run (SW) $60,000 NYCommon Area for Dogs Committee Construct a new dog park/run (City Center) $100,000 NYEconomic Development Support child care ‐ grant program to existing operators to expand capacity and support employeesCouncil Discretion NA YEconomic Development Establish a Revolving Loan Fund to support local businessesCouncil Discretion NA YEconomic Development Fund Stormwater Division to assist private property owners with the new General Stormwater Permit (9050) requirementsCouncil Discretion NA NEnergy Committee Consultant to help accelerate heat pump deployment $100,000 NYIdea/Project Funding Requested Staff verified amount (Y, N, NA)Require new staff work, support, process (Y, N, N/A) ARPA MatrixUpdated: 3/28/23Requested by Idea/Project Funding Requested Staff verified amount (Y, N, NA)Require new staff work, support, process (Y, N, N/A)Energy Committee Purchase one electric ride‐on lawnmower for DPW $35,000 NYEnergy Committee Buy‐back gas‐fired equipment from income qualified households$250,000 NA YEnergy Committee Grants for ev charging infrastructure on non‐city property$500,000 NA YEnergy Committee Buy and install 5 bus shelters $200,000 NYEnergy Committee Hire consultant to assess pathways for increasing access to public transportation and/or pilot micro‐transit$500,000 NYEnergy Committee Accelerate timeline for Penny for Paths projects Council Discretion NA YEnergy Committee Add sidewalk and multi‐use paths (eg Hinesburg Rd between Tilley Dr and Rye Meadows and path on Williston Rd to Kennedy Drive)Council Discretion NA YEnergy Committee Subsidize the purchase of electric bikes and charging equipment to income‐qualified households$35,000 NYEnergy Committee Hire a consultant to build an CAP Implementation Plan $100,000 YYLibrary Board of Trustees Purchase of a Bookvan $160,000 YYNatural Resources & Conservation CommitteeMaintain Treescape (planting new or treating Ash trees)$50,000 NA NNatural Resources & Conservation CommitteeDevelop an Open Space Plan $25,000 NYPlanning Commission Support housing development or redevelopment Council Discretion ‐ 1/3 of available fundingNA Y ARPA MatrixUpdated: 3/28/23Requested by Idea/Project Funding Requested Staff verified amount (Y, N, NA)Require new staff work, support, process (Y, N, N/A)Planning Commission Expand City‐owned open space Council Discretion ‐ 1/3 of available fundingNA YPlanning Commission Fund implementation of the CAP Council Discretion NA YPlanning Commission Acquire additional city‐owned open space or conservation areasCouncil Discretion NA YPlanning Commission Allocate funds to support child care Council Discretion NA YPublic Art Committee Develop a Cultural Plan $50,000 NYRecreation & Parks Committee Parks Master Plan $150,000 NYRecreation & Parks Committee Veterans Memorial Park ‐ Deferred Maintenance $815,000 NYRecreation & Parks Committee Red Rocks ‐ New Bathhouse $600,000 NYTOTAL$5,681,000 plus Council Discretion MEMORANDUM TO: South Burlington City Council FROM: Martha Machar, Finance Director Jessie Baker, City Manager DATE: September 15, 2023 RE: FY25 Budget Goals ______________________________________________________________________________ Background At the prior City Council meeting, Council approved the FY25 budget schedule. The City Leadership Team has begun to put together its budget draft which will occur over the next couple of months. As we collectively work to bring forward recommendations that meet the Council’s priorities, there are several key questions that face us this budget year. • How do we keep up with the City’s growth by investing in core municipal services? • How do we bridge the gap between our maintenance needs for the City’s facilities, parks, sidewalks/recreation paths, pump stations, and highway infrastructure and current tax capacity? • How do we build into the budget investments in other priority areas such as those identified in the approved Climate Action Plan? To begin to think about answering these questions, below you will find some historic background data, cost and revenue projections, FY24 investment review and FY25 management priority recommendations. Informational Data Tax Rate History FY20 FY21 FY22 FY23 FY24 Tax Rate ($) $0.5427 $0.5542 $0.43501 $0.4660 $0.49162 Increase (%) 6.75% 2.12% -21.51% 7.13% 5.49% 1 City-wide reappraisal. The budget book proposed rate increase was 0.98%. 2 Operational municipal tax rate without the “pennies for” levied is $0.4712 Historic General Fund Budget & Amount Raised Through Property Taxes FY19 FY20 FY21 FY22 FY23 FY24 Total GF Expenditures $23,686,098 $24,566,750 $26,599,754 $26,745,677 $28,461,478 $31,140,318 Property Tax Revenue $16,003,934 $16,431,849 $16,988,422 $17,398,405 $17,962,813 $19,388,299 Property tax revenue increases (%) 8.57% 2.67% 3.39% 2.41% 3.24% 7.94% FY24 General Fund Expenditures by Department (%) Administration (Insurance, Manager, Legal, IT, Physical Plant, Finance), 16.05% Capital Reserves, 3.00% City Council, 0.20% Debt Service, 4.64% City Clerk, 1.49% Fire and Ambulance, 19.25% HR & Benefits Administration, 2.88%Public Library, 3.36% Planning and Zoning, 2.95% Police, 23.30% Social Service & Other Entities, 3.01% Public Works, 17.03% Recreation and Parks, 2.85% FY 24 General Fund Budget Expenditures Summary FY 24 General Fund Revenue Sources Regional Municipal Tax Rates Grand List FY 24 Tax Rate FY24 Amount Raised by Taxation Williston $21,281,804 0.3391 $7,417,643 South Burlington $41,477,188 0.4916 $19,388,299 Shelburne $16,479,001 0.4955 $8,165,658 Colchester $22,634,367 0.6080 $13,761,411 Richmond $4,830,494 0.7484 $3,614,902 Burlington $56,544,085 0.7523 $42,538,059 Winooski $5,350,708 1.3275 $7,103,065 Property Tax, 62.26%Ambulance Services Billing, 3.18% Local Option Tax, … Recreation and Parks, 0.49% ARPA Grant Funds, 2.36% Police, … Planning and Zoning, … Fire & Electrical … Public Works, …Clerk, 1.13%Other, 6.49% FY 24 General Fund Budget Revenues Summary Projected Expenses & Revenues – General Fund Operations In order to maintain FY24 operation levels, a number of increases must be assumed for the FY25 budget projections. Below you will find an overview of the projections for the general fund budget. To aligned with the budget format, projections are prepared by three budget categories: wages and benefits, operating, and capital budget. Projected increases under each of the budget categories are driven by different varying factors. As a reminder, the Council considered a two-year budget plan with FY24 budget and a number of the FY25 projected increases are part of that two-year plan. Please know that, outside of the fixed salary adjustments, many of these forecasted numbers are very preliminary. These figures will continue to be refined during budget development over the next couple of months as new data becomes available. FY25 Revenues projection The main funding source for the general fund budget is property tax revenues. While it is too early to project growth on the Grand List, we are conservatively projecting 1% growth for the FY25 budget. Below are the projection numbers assuming a 1% growth on the tax base. One Cent and 1% increase in the Tax Rate At the present tax rate, 1% Grand List growth, or an approximately $41M increase in total taxable property values, will raise $203,901.86. The average growth for the city’s Grand List is 1.21% over the past twelve years. With the very conservative estimate of 1% Grand List growth in FY25, it is estimated $0.01 on the tax rate would raise approximately $418,919.60. A 1% tax rate increase would raise approximately $205,940.87, 3% approximately $617,822.62, and 5% approximately $1,029704.37. In addition to the growth on the tax base, other projected revenue increases include permit and inspections fees, local option taxes, ambulance billing service revenues, and interest earned income. FY25 expense projections by budget categories Wages and Benefits: Generally, the increase in the wages and benefits amount is a result of step and cost-of-living adjustments (COLA) agreed to in each of the three collective bargaining agreements (CBAs). Two of the city’s CBAs settled FY25 rates in 2022 contracts and negotiations for one union are underway. The City’s CBAs also settled the compensation rates for FY25 based on the August-August CPI Northeast Region for 2023. This was released on September 13th at 2.8%. In the CBAs, this is bracketed for employees at the rate of at least 1% but no more than 3.5% for City Hall & Public Works employees, at least 1.5% but no more than 3.5% for the Police Union. The current Fire Union contract extends through June 30, 2024. As the August-August CPI Northeast Region for 2023 rate is in the middle of the CBA brackets for Police and City Hall & Public Works employees, the COLA increases are set at 2.8%. FY25 increase in the wages and benefits amount also includes the cost for the restored positions and the remaining 50% cost related to standing up a second ambulance. These positions were considered as part of the two-year capacity building plan. The capacity building plan as presented during FY24 budget process is included in the table below. This plan addresses the public safety capacity needed to meet the community’s expectations on response, restore specialized assignments, and do adequate succession planning for the future. The management is currently in the process of implementing these plans and our public safety departments are seeing positive results. Operating Budget: We are assuming maintaining FY24 operation levels with a minimum increase in utilities and general repairs. This minimum increase is to account for inflation. Other areas with increases in the operating budget are contracted services such as workers’ compensation and property and liability insurance premiums. Capital Budget: The FY25 projected capital budget is the amount per the approved 10-year capital improvement plan (CIP) the Council amended in January 2023. This budget category is currently projected to increase more than 50% over the FY24 budget. There is room, however, for management to make adjustments and bring down costs under this budget category. You will also notice an offsetting ARPA revenue under the capital budget, this is as approved during FY24 budget process. To provide a little history on ARPA funding for capital projects, during FY22 budget, the City’s capital projects and expenditures funding through the general fund was reduced from $2.9M in FY21 to $2.55M in FY22. In the FY23 budget, we began to re-fund CIP through an incremental increase of general fund funding, $2.69M, as well as leveraging $722,000 in ARPA funds to meet critical one-time capital needs such as new ambulance and dispatch consoles. Last year, the Council approved a step-down approach to smooth tax impacts from year-to-year to avoid a fiscal cliff when ARPA funding runs out. The projected FY25 ARPA revenue for capital projects is 50% of the FY23 approved CIP ARPA funding. ARPA and CIP (approved allocations in red) ARPA GF Impact FY23 $722,000 (100%) $0 FY24 $541,500 (75%) $180,500 FY25 $361,000 (50%) $180,500 FY26 $180,500 (25%) $180,500 FY27 $0 $180,500 Total additional ARPA $1,083,000 FY25 Expenses and Revenue Projections-General Fund Budget Projected Expenditures FY24 Approved Budget Projected FY25 Budget Increases Wages and benefits Employees’ Salaries & FICA $ 13,303,954.79 $ 14,144,411.67 $ (840,456.88) Retirement plans (VMERS/City Plan/457) $ 2,248,988.20 $ 2,503,907.45 $ (254,919.25) Insurance Coverages $ 2,465,328.36 $ 2,681,957.95 $ (216,629.59) Sub-total $ 18,018,271.35 $ 19,330,277.07 $ (1,312,005.72) Operation-Assumed level funding most of the operating budget lines Workers' Comp-10% $ 348,023.32 $ 382,825.65 $ (34,802.33) Property & Liability Insurance- 4% $ 301,687.41 $ 313,754.91 $ (12,067.50) Utilities and general repairs $ (100,000.00) Sub-total $ 649,710.73 $ 696,580.56 $ (146,869.83) Capital Budget Per Last year's approved CIP $ 2,812,000.00 $ 4,328,000.00 $ (1,516,000.00) ARPA Revenue Offset (Council approved step-down approach) 50% of the of the original amt $ 361,000.00 Sub-total $ (1,155,000.00) Total Expenditures $ (2,613,875.55) Projected Revenues Grand List (1%) $ 203,901.86 Local Option Tax-6% $ 4,850,000.00 $ 5,141,000.00 $ 291,000.00 ARPA Revenues (step down on restored 3 positions) $ 114,363.04 $ 114,363.04 Planning & Zoning Permit Fees-5% $ 400,000.00 $ 420,000.00 $ 20,000.00 Fire and Electrical Inspection- 5% $ 790,000.00 $ 829,500.00 $ 39,500.00 Ambulance Billing-15% $ 989,000.00 $ 1,140,000.00 $ 151,000.00 Interest Earned $ 250,000.00 $ 840,000.00 $ 590,000.00 Total Revenues $ 7,279,000.00 $ 8,334,813.04 $ 1,409,764.90 Total Net $ (1,204,110.65) As a conservative initial projection, it will cost an estimated $1,204,440.65 to implement the second year of the FY24 approved capital projects and capacity building and also maintain present levels of city operations. This represents an approximate 5.85% increase to the operational tax rate. As stated above, this reflects our baseline FY25 projections. It’s important to note what is not reflected yet in these projections. That includes: • Leadership Team requests reflecting additional needs and emerging issues • Implementation of a Rental Registry and related costs • Implementation of the City Center traffic study recommendations and mitigation costs • Operations costs related to staffing that will be needed to implement the approved Climate Action Plan • Capital infrastructure costs for projects required to implement the approved Climate Action Plan Enterprise Funds As with general fund operations and CIP needs, the City’s three enterprise funds are seeing similar cost increase stressors. This includes a growing number of deferred and unmet capital needs underbudgeted or unaccounted for in the City’s capital planning. While the utility rate discussions are currently ongoing, the actual rate increases will be determined by the capital needs, needed resources to maintain current infrastructures, and the staffing requirements to support the operations. FY24 Successes & Management Budget Priority Recommendations for FY25 FY24 Investments Supporting Fire & EMS services through investments in administration – The FY23 budget included $50,000 in general fund and $50,000 in ARPA dollars to support Fire/EMS Department needs. The management used this funding to bring in a new Fire Chief. The Deputy Fire Chief was also brough on earlier this year to provide more administrative support as the Fire Chief now also serves as Deputy City Manager. These investments have increased administrative capacity and will continue to yield improved service delivery dividends in the coming years. Police Department – The FY24 budget supported the Police Department by investing in building needed capacity and restoring positions to meet the recommendation per the 2020 analysis. Meeting the department recommended capacity of 40 sworn officers and 10 civilians is critical in providing timely responses and meeting community’s expectations as the city continues to grow. These actions also pave the way to reinstating specialized positions and doing needed succession planning. The management has filled one of the critical positions by hiring the Police Deputy Chief to provide more administrative support. Policy and Data Analyst/GIS – Restoring this position was also one of the biggest investments made in FY24. This position remains to be filled but once we have the right person, it will assist the Leadership Team in making informed data driven decisions. This position is now fully embedded into the FY25 budget. FY25 Management Priority Funding Recommendations 1) Invest in core municipal services that have been historically underfunded, systems that need to be modernized, or where growth and community expectations have outpaced municipal investment. a. Bridging the gap to meet unmet maintenance needs in the City’s parks, streets, sidewalks, and facilities b. Further investments in the modernization of core systems such as in communications, and the City’s financial systems c. Plan for and continue to build adequate tax capacity to meet the City CIP needs 2) Successfully plan for the upcoming water tank project bond vote. Final Questions As you review the management proposal, please also consider the following questions and provide your guidance to the Leadership Team. • Are there any new initiatives or programs you would like us to consider building into a proposed budget? • Are there current tax rate goals for FY25? • Provide guidance on implementing Council’s policy goals outlined in the Climate Action Plan