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Home My WebLink AboutAgenda - City Council - 04/21/2008 s susuNorat � Ye4'► °'`� %. City of South Burlington !j�� 575 DORSET STREET tWial i 61,. " SOUTH BURLINGTON, VERMONT 05403 TEL. (802) 846-4107 °. FAX (802) 846-4101 �� CITY MANAGER ByF�A TOWN M's�� CHARLES E. HAFTER AGENDA SOUTH BURLINGTON CITY COUNCIL CITY HALL CONFERENCE ROOM 575 DORSET STREET SOUTH BURLINGTON,VERMONT Regular Meeting 7:00 P.M. Monday, April 21, 2008 1)Comments and Questions from the public(not related to the Agenda). 2)Announcements and City Manager's Report. * 3)Public Hearing on Public Nuisance Ordinance; Second Reading of same. * 4)Consideration of approval of Vermont WARN, Mutual Aid Agreement for Water and Wastewater Utilities;Jay Nadeau, General Manager, South Burlington Water District. * 5)Review and approve minutes from regular City Council meeting held on April 7,2008. 6)Sign disbursement orders. * 7)Consideration of entertainment license application from:American Cancer Society, Make Strides Against Breast Cancer Walk. * 8)Reconvene as Liquor Control Board to consider Liquor Licenses for: Renewals: Nothing But Noodles, 150 Dorset St. Ste. 340. 9)Adjourn Respectfully Submitted: Char a Halter City ager a er CITY COUNCIL 7 APRIL 2008 The South Burlington City Council held a regular meeting on Monday,7 April 2008, at 6:15 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: C. Smith, Chair; M. Boucher, S. Dooley, S. Magowan, D. O'Rourke Also Present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; D. Kinville, City Clerk; J. B. Hinds, Director of Planning&Zoning; R. Kay, B. McDonald, D. Boyce, M. Beaudin, C. Shaw, Planning Commission; M. Flaherty, B. Searles, Burlington Int'1 Airport; S. Audette, B.Nedde, L. Bresee, J. Kirk, D. Marrier, C. Rody 1. Executive Session: Mr. Boucher moved the Council meet in executive session to discuss real property acquisition. Ms. Dooley seconded. Motion passed unanimously. Regular Session: 2. Comments & Questions from the Audience,not related to Agenda Items: No issues were raised. 3. Announcements & City Manager's Report: Mr. Hafter: The Public Hearing on the proposed 2008-09 City and School budgets will be held on Thursday 10 April, 7 p.m. The City tax rate is down 6.3 cents because of the local option sales tax. This saves the average home owner$200,most of which disappears because of Act 60 and 68. Mr. Hafter read from an article entitled"Pilfering of Education Fund Continues,"which noted that taxpayers have to pay $1,600,000 because of siphoning off of the Education Fund. There is a proposal before the State Senate that local police would have to pay to house incapacitated persons. A"local concerns"meeting regarding the proposed 3rd lane in from of Staples Plaza will be held at the 5 May Council meeting. A meeting will be held on 8 April, 4:30 p.m.,regarding public education about the SAFER grant ballot item. A meeting regarding traffic modeling in connection with the proposed Exit 12B will be held at the MPO, 16 April, 9 a.m. Ms. Dooley: Noted that at the last Steering Committee meeting it was revealed that South Burlington is now a"receiving community"and will get education money back from the CITY COUNCIL 7 APRIL 2008 PAGE 2 State.(Note: This means that the Ed Fund payment to the South Burlington School District plus individual rebates are greater than the Educational State-Wide Property taxes paid by South Burlington property owners.) 4. Review of Burlington International Airport Noise Compatibility Update: Mr. Flaherty noted that the Airport Commission is very favorable to South Burlington as to what to do with the noise abatement program. He added that the Airport has no interest in or use for anything on the west side of Airport Parkway. Mr. Flaherty also stressed that the Airport is trying to rectify previous communication problems. Mr. Searles said that the Burlington Airport is one of 450 airports in the country, all of which are heavily regulated on issues which include noise. The FAA has established a voluntary plan to mitigate noise so that it does not impact people's lives. The Airport is currently making changes to move aircraft away from fences. They are also allowed to purchase homes if they fall within certain noise limits and if homeowners voluntarily come to ask that the Airport buy their homes. The home purchase plan is currently being updated so that homes in the 65 decibel range can now be purchased (the limit used to be 70 decibels). In talks with the Planning Department, several issues arose, including: a. which homes to purchase b. in what order homes should be purchased c. what happens after houses are removed Mr. Searles said the good news is that the federal government has said they will allow the Airport to engage in land use planning and will pay for 95% of that planning. The first step is to get the document approved. After that, there can be time take for land use planning. Mr. Searles noted that the Airport is a major economic piece for the area. The Airport wants to make the plan work to allow people to participate in the program,but they also recognize that the boundary between the Airport and the community is important. Ms. Dooley cited the existing program, Section 3.16, which addresses "voluntary minimization." She said it appears that this hasn't happened. Section 3.17 says that military training would occur away from the Airport, but that hasn't happened either. She asked why there hasn't been an investment in soundproofing. Mr. Searles acknowledged that no decision have been made to put"non-natural" soundproofing in place. With regard to military training, he noted that this is not administered by the Airport and suggested questions be addressed to the Air National Guard. Mr. Flaherty CITY COUNCIL 7 APRIL 2008 PAGE 3 added that when the feds say it is not appropriate to live in a 65 decibel zone, you have to tear those houses down. Mr. Magowan noted that the report indicates that the City of Burlington has chosen not to put money into soundproofing. Mr. Searles said he doesn't know why that decision was made. Mr. Flaherty said that even with soundproofing you still have the noise. Mr. Hafter said it could still be an option for someone who doesn't want to move because they can't find an appropriate place to live. Mr. Smith noted that in a real estate market, where demand and supply are not equal, the context of the program changes. Mr. Boucher added that the buy-up program is removing a huge portion of the affordable housing stock in the city. Mr. Hafter said "voluntary"becomes a question when the Airport buys up three homes on a street and only one is left. Mr. Searles noted that in the past,the Airport didn't have people lined up at its doors to buy their homes. He stressed that they are aware of what is going on and that's why they agreed to put things on hold and do some planning. Mr. Magowan said he is most concerned with the lack of trust in the relationship. He said he understands there are several contracts for sale with homeowners in the 65 decibel area. Mr. Searles said the current year's program is still on-going. Mr. Flaherty added that the only homes being bought are those where talks have already been going on, about 7 or 8 homes. Mr. Boucher asked how they can buy homes in the 65-decibel area if that plan hasn't been approved yet. Mr. Searles said the plan has been approved, but the 65 decibel line hasn't been drawn. Ms. Dooley asked if any consideration has been given to spending some of the money available on soundproofing. Mr. Searles said he doesn't believe so. He offered to find out the history of that issue. Mr. Smith asked how long the study will take. Mr. Searles said 6 months or more would be an estimate. Mr. Hafter stressed the need for public participation in that study. Mr. Smith said it feels like the city is"in a box." There is a street in question that will either be included or excluded, and the Council feels it is being "bad"to someone, whatever it does. He asked if the study can be done in 3 months. Mr. Searles said they want a"good sound study." He added that there have been no offers and no appraisals. Mr. Boucher said some people think they have offers. Mr. Searles said there is nothing on paper with a number. Mr. Kirk said the people on his street don't want to be held up by a study. They want to move and get on with their lives. Another neighbor said 6-9 months is not acceptable. CITY COUNCIL 7 APRIL 2008 PAGE 4 Ms. Marrier said her mother lives on White Street, and the noise level has increased greatly. She asked if a copy of the draft report is available to citizens. Mr. Hafter said he has can provide one. Mr. Smith added that the City Council didn't know that document existed until 3 days ago. Ms. Hinds stressed that the Planning Department needs something they can read. The print is very small and barely readable. Mr. Smith asked how to push this forward to help residents but also be fair to others in the 65 decibel range. Ms. Dooley asked if it is a"first come first serve" basis or some other criteria. Mr. Searles said they haven't had to worry about that in the past. Mr. Kirk noted that everyone on Picard Circle wants to move. Mr. Magowan cited a serious communication issue with the Council hearing of different conversations. He said he drove to Picard Circle and sat there for a while. He felt it is not a livable place. He stressed that the Council gets pressure from the taxpayers, and there needs to be a logical expansion of the program. He added that the "humanized boundary"either is or isn't a boundary. Mr. Searles agreed that once the program is approved, any reference to anything outside that boundary should be removed. Mr. Magowan said if a home isn't livable, it isn't"affordable." The program will give people a chance to live somewhere livable. He felt the Council needs to be more active with the Airport on issues such as that and would like the Airport to say, "Pay attention to this." Mr. Smith said the question for him is whether there will be determination that any home in the 65 decibel range is not livable. That could mean 100-150 homes. He said the Airport can't buy 150 homes tomorrow, so how do you create a"queuing" line. Mr. Boucher added the concern with a homeowner who may just fall outside the line and asks, "What about us?" Mr. Kirk noted that Bob McEwing said that the "humanized boundary"was just randomly drawn. Mr. Hafter added that one problem the city has to address is that the 65 decibel line is just a line and doesn't take into account neighborhoods. Mr. Smith said that's a bigger issue to him than affordable housing...that and what happens to property once the houses are bought. Mr. McDonald asked if there has been a survey of the number of people who want to sell. Mr. Searles said the Airport knows who has come to them. Mr. Hafter noted there have been people from as far out as Myers Court. CITY COUNCIL 7 APRIL 2008 PAGE 5 Ms. Rody asked who would want to buy a house in that area once the report is published. She felt there will be no buyers but the Airport. Mr. Audette stressed the need for everyone to have the facts clear. He noted that people get worked up when there are comments on both sides that aren't clear. Mr. Kay noted that the City of Burlington has an ordinance that for every house that is torn down, one has to be built. He asked if South Burlington can do that. Mr. Hafter said if you required an affordable house to be built to replace an affordable house, it would slow the purchase process down. Ms. Hinds suggested the City Council and Airport work on a short-term plan for Picard Circle in order to help the Airport get the report done. Mr. Magowan said that would be fine if there aren't other people out there who think they should be first. Ms. Hinds asked if there could also be a short-term plan to include some fencing and landscaping to prevent further problems when houses come down. Both the City and Airport agreed to sit down and work on a plan within the next 30 days. 5. Report from Consultant on Proposed Police Station Site Feasibility and Concept Design: Mr. Halter introduced the consultants who were hired by the City to do a site study on property owned by the city and to so a site concept. The presentation was given to the Police Facility Committee, which thought it was excellent. Ms. Arnold reviewed the process for the study. She noted that in January borings were done to locate ledge. This helped to decide where to site the building. They also looked at utilities and did a traffic study. Mr. Nedde referred to an ortho photo and indicated the Calkins property and other land owned by the city. He showed an area of exposed ledge and indicated that they found ledge from 2 feet to 13 feet. Some of the utilities would require removal of ledge as will some of the building. Mr. Nedde said the next phase will quantify that ledge amount. No permit would be required to disturb the Class 3 wetland. The traffic study considered queuing lanes for cars and found that the proposed curb cuts are outside of the queuing limit. Mr. Nedde showed the location of curb cuts on several alternative plans and indicated the preferred location. CITY COUNCIL 7 APRIL 2008 PAGE 6 An option to push the building to the east was considered,but it was felt that would begin to encroach on the residential neighborhood. The site layout would include 36 parking spaces in front of the building and 78 in the rear(including an impound lot). There would be a 20" water main in front of the project. There is already an electrical transformer on the north side of the project and an existing sewer manhole to connect to. The project could use the stormwater facility at the Cairns area which is sized to accommodate the additional flows. The police facility would utilize approximately 6 acres of the 100-acre parcel. In general, the study found the parcel very feasible for the Police Station. Mr. Hafter asked if using city-owned land would be enough of a cost savings to make the project cost feasible. Mr. Nedde noted there are utility and stormwater facilities at no cost on this property which wouldn't exist on another property. A proposed building concept was then presented. There is a grading from lower to higher which would minimize the amount of cut and fill needed. The front of the building could be at the low portion with the rear of the building 6 feet higher. The building would be about half the size of one of the hockey rinks and just about as high. The building would include a public area(conference room, etc.) and would become more secure as you move from front to back, with the prisoners' area in the rear. The layout for departments,rooms and furniture indicates that it will all fit within the 28,000 sq. ft. An attempt would be made to make the building look as "residential" as possible by use of a variety of materials. Several elevations were shown to indicate this. The next phase of the study will include more work on one of the elevations to be sure all the spaces are where the Police need them to be. Mr. O'Rourke noted that the Committee recommends building in conservation mitigation by conserving some areas of other City owned property. Mr. Nedde said the limit of disturbance is less than 4 acres. Committee members noted that the results of the study were more favorable than they had hoped for. Mr. Bresee stressed the need to show the public what the site looks like today and what it would look like if the proposed facility were built. Mr. Audette said that the way the building has been sited blends in with the rest of what is there. He was very encouraged to see it coming out so well. CITY COUNCIL 7 APRIL 2008 PAGE 7 Ms. Dooley asked why there is so much parking. A representative of the Police said there are 18 Police vehicles today, but they also have public use, training, etc. Mr. Bresee stressed the need to size the building for 15 years out. Committee members stressed that there is no much more being recommended than what is needed today, and no "fat" left to cut. A straw vote indicated that 4 of the 5 Councilors favored pursuing this site. Ms. Dooley was opposed. Mr. Kay asked if there was excess capacity that could house City offices. Mr. Hafter said no, or just possibly one or 2 offices. The proposal to use the Calkin site is planned to go on the September ballot. Council members thanked the Committee for its continuing hard work. 6. Consideration of First Reading of Amendment to Sign Ordinance re: Regulations on Signs in Residential Zoning Districts; Schedule public hearing for same: Ms. Hinds said that overall the Sign Ordinance is working very well. One issue that has arisen concerns signage for Rice High School and Timberland Medical Center,both of which are located in residential districts. Ms. Hinds felt the Ordinance re signs in residential districts shouldn't be "messed with,"but recommended providing an allowance for educational and medical office signage. Under this allowance, a free standing sign would be allowed for an accredited school in the R-4 district, up to 30 sq. ft. At Timberlane, which is a unique facility with many entrances, a master signage plan is proposed to include an additional free-standing sign at each curb cut. One of these would be 40 sq. ft. There could be a Directory Sign at each entrance. Ms. Hinds noted that there would not be a greater area of signage,just a greater number of signs. Ms. Hinds noted the sunset date for non-conforming signs is June, 2009. She said that free-standing signs are the worst of all and suggested making an immediate sunset date for those. Mr. O'Rourke noted he got an inquiry from the Children's School on Patchen Road which has the same signage problem. Ms. Hinds suggested including licensed pre- schools in the proposed change. CITY COUNCIL 7 APRIL 2008 PAGE 8 Mr. Magowan moved to waive the first reading and set a public hearing for 5 May 2008. Ms. Dooley seconded. Motion passed unanimously. 7. Consideration of Computerization of Land Records: Ms. Kinville said that following a great deal of research she is recommending that ACS install a turnkey system. There would be no cost to taxpayers. There would be a charge of$4.60 per document with an additional $1.50 possible addition for indexing. Mr. O'Rourke suggested checking the status of"uniform mortgage recording" in the Legislature. Ms. Kinville noted that ACS has volunteered to go back to 1968 and put everything into the system and tie it into the index system. The cost would be $200,000. This would make it possible for everything to be done on the web. Mr. Boucher moved to authorize the City Manager to sign the contract with ACS as determined by Mr. Hafter and the City Clerk. Mr. O'Rourke seconded. Motion passed unanimously. 8. Consideration of Approval of Warning for 20 May 2008 City Meeting: Mr. Magowan moved to approve the Warning as presented. Mr. O'Rourke seconded. Motion passed unanimously. 9. Request for Contribution to Vermont Convention Bureau to Support 2009- 10 USA National Triathlon Championship Festival: Members were in agreement to provide a contribution. 10. Consideration for a $580,000 grant anticipation loan for stormwater mitigation project: Mr. Hafter said the loan is at 2.77% for the first year. Mr. Magowan moved to approve the loan and related documents for stormwater mitigation as presented. Mr. O'Rourke seconded. Motion passed unanimously. 11. Minutes of 17 March 2008: , CITY COUNCIL 7 APRIL 2008 PAGE 9 Mr. O'Rourke moved to approve the Minutes of 17 March with typographical change as noted. Mr. Boucher seconded. Motion passed 4-0 with Mr. Magowan abstaining. 12. Sign Disbursement Orders: Disbursement Orders were signed. 13. Consideration of Entertainment Application From: Windjammer Restaurant, 1076 Williston Road,live entertainment; Sheraton,live entertainment: Mr. Magowan moved to approve the two entertainment applications as presented. Ms. Dooley seconded. Motion passed unanimously. • 14. Liquor Control Board: Mr. Magowan moved that the Council adjourn and reconvene as Liquor Control Board. Ms. Dooley seconded. Motion passed unanimously. Liquor license renewals were presented for the following: Shaws Beer&Wine Pulcinella's Marco's Pizza Sheraton Vermont Corp. Airport Grocery Vermont Soup Company Chittenden Cider Mill Champlain Farms Exxon-801 Williston Rd Champlain Farms-1800 Williston Rd Hannaford Food& Drug—Hannaford Dr. Jolley#107 Pizza Putt Maplefields GU Markets Spillane's Service Center Simon's Store & Deli Tommy's City Grill UNO's Short Stop#104 Applebee's Champlain School Apartments Partnership Klingers Doubletree Hotel Moe's Southwest Grill M.T. Bellies Pauline's Café & Restaurant Champlain Farms-1118 Williston Rd. Champlain Farms-1041 Shelburne Rd. Ground Round Restaurant Kinney Drug#55 Magic Hat Shelburne Road Variety Vermont National Country Club USAVE Beverage Waterfront Catering Group Windjammer Restaurant CITY COUNCIL 7 APRIL 2008 PAGE 10 Silver Palace Shortstop#105 Jiffy Mart One Flight Up Rotisserie Hooters Mr. Hafter said all applications are complete. Mr. Boucher moved to approve the liquor license applications as presented. Mr. O'Rourke seconded. Motion passed unanimously. Mr. Halter noted that the City Clerk had asked the State what information they wanted on the renewal application. They indicated that only violations in the last year should be indicated. When the Clerk told them that is not what the form said, they indication they will be changing the form next year. As there was no further business to come before the Council, the meeting was adjourned at 10:20 p.m. Clerk Liquor License's to review at City Council Meeting,April 21,2008 not on the agenda: Zen Garden, 7 Fayette Dr. Shelburne Rd. Exxon, 793 Shelburne Rd Orchid Restaurant, 5 Market St Outback Steakhouse, 150 Dorset St. 20 O% FIRST/SECOND CLASS LIQUOR LICENSE APPLICATION License Year: May 1st through April 30th of following year Please file application in duplicate Parch 't\i nc,s* Inc" Print Full Name of Person,Partnership,Corporation,Club or LLC 7 t c- &c c c Doing Business As-Trade Name _ 00\JC�_ Street and street number of premises covered by this application CL`c•V• �4�-c� \T asNc�3 Town or City&Zip Code J Telephone Number Mailing Address(if different from above) 14 FIRST CLASS ❑SECOND CLASS Fee for ANY FIRST class license paid to town/city $100.00/Fee to DLC $100.00 ® RESTAURANT Fee for ANY SECOND class license paid to town/city$50.00/Fee to DLC$50.00 ❑ HOTEL ❑ CABARET ❑ CLUB TO THE CONTROL COMMISSIONERS OF THE TOWN/CITY OF g-,n\•\c�- ,VERMONT Application is hereby made for a license to sell malt and vinous beverages under and in accordance with Title 7,Vermont Statutes Annotated,as amended,and certify that all statements,information and answers to questions herein contained are true;and in consideration of such license being granted do promise and agree to comply with all local and state laws; and to comply with all regulations made and promulgated by the Liquor Control Board. Upon hearing, the Liquor Control Board may, in its discretion, suspend or revoke such license whenever it may determine that the law or any regulations of the Liquor Control Board have been violated, or that any statement, information or answers herein contained are false. MISREPRESENTATION OF A MATERIAL FACT ON ANY LICENSE APPLICATION SHALL BE GROUNDS FOR SUSPENSION OR REVOCATION OF THE LICENSE,AFTER NOTICE AND HEARING. If this premise was previously licensed,please indicate name I/we are applying as: ❑ INDIVIDUAL ❑ LIMITED LIABILITY COMPANY ❑ PARTNERSHIP CORPORATION Please fill in name,address,social security number,date and place of birth of individual,partners,directors or members. LEGAL NAME STREET/CITY/STATE PLACE OF BIRTH —E e)knc. 1-'St i ��kp�r o, \Q _ SC ‘�js`C-y 4rtt> \}T cPG- F-‘30-V ;Ta\%ZQrl -R:,Loc n Are all of the above citizens of the UNITED STATES and residents of VERMONT? �C Yes f No (Note:Resident Alien is not considered a U.S. Citizen) If naturalized citizen,please complete the following: \o;\ \-,S N"V , \ 5105/ SUnc e \--\SU &)c.1'.n \ V °SAC \ s Name Court where naturalized(City/State/Zip) Date CORPORATE INFORMATION: If you have checked the box marked CORPORATION,please fill out this information for stockholders (attach sheet if necessary). LEGAL NAME STREET/CITY/STATE PLACE OF BIRTH L=1cs r`e 1-'ca') 86 (>c \P--(.- \c Sc -,`. ' w%cc`r \)7 1� \\e(N "C-Ok%. n. S6c\c `e \AS3 cfN•Ve•c; yV• ,..3<iCs‘ \\T tNX. Date of incorporation 1\103(x Is corporate charter now valid? `(e S • Corporate Federal Identification Number — ''11 \5 3 Have you registered your corporation and/or trade name with the Town/City Clerk? []' and/or Secretary of State? ❑ (as required by VSA Title 1141621,1623&1625). ALL APPLICANTS HAVE ANY OF THE APPLICANTS EVER BEEN CONVICTED OR PLED GUILTY TO ANY CRIMINAL OR MOTOR VEHICLE OFFENSE IN ANY COURT OF LAW (INCLUDING TRAFFIC TICKETS BY MAIL) n YES El NO If yes,please complete the following information: (attached sheet if necessary) Name Court/Traffic Bureau Offense Date Do any of the applicants hold any elective or appointive state,county,city,village/town office in Vermont? (See VSA,T.7, Ch.9,4223) 0 YES ® NO If yes,please complete the following information: Name Office Jurisdiction Please give name, title and date attended of manager, director,partner or individual who has attended a Liquor Control Licensee Education Seminar,as required by Education Regulation No.3: NAME: 1)n. .rl S TITLE: AAn.c,c�c�,-. DATE: 1f[ (If you have not attended an Education Seminar prior to making application,please contact the Liquor Control Investigator in your area regarding this mandatory training.) FOR ALL APPLICANTS:DESCRIPTION/LOCATION OF PREMISES (Section 4) Description of the premises to be licensed: / C',��• Does applicant own the premises described? +3o If not owned,does applicant lease the premises? Xe_c-, If leased,name and address of lessor who holds title to property: c, p�.Cstve.S i--G 11Ra ON-NE'. LA Are you making this application for the benefit of any other party? No FIRST CLASS APPLICANTS ONLY: No first class license may be issued without the following information. HEALTH LICENSE#: Food « • Lodging (if licensed as a Hotel) VERMONT TAX DEPARTMENT: Meals&Rooms Certificate/Business Account# 1--10- 5Sti 1\��F —O Business is devoted primarily to: (Circle one) FOOD(restaurant) ❑ENTERTAINMENT(cabaret) El HOTEL ❑CLUB If you are considering Outside Consumption service on decks, porches, cabanas, etc. you must complete an Outside Consumption Permit. Please request this form from your Town/City or from the Department of Liquor Control. Will applicant apply for a third class(spirituous liquor)license? ® Yes ❑ No CABARET APPLICANTS ONLY: Applicant hereby certifies that the sale of food shall be less in amount or volume than the sales of alcoholic beverages and the receipts from entertainment and dancing; if at any time this should not be the case, the applicant/licensee shall immediately notify the Department of Liquor Control of this fact. Signature of Individual,Partner,authorized agent of Corporation or LLC member ALL APPLICANTS MUST COMPLETE AND SIGN BELOW The applicant(s) understands and agrees that the Liquor Control Board may obtain criminal history record information from State and Federal repositories prior to acting on this application. I/We hereby certify, under pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan approved by the Commissioner of Taxes to pay any and all taxes due the State of Vermont as of the date of this application. (VSA,Title 32,43113). In accordance with 21 VSA,41378 (b) I/We certify,under pains and penalties of perjury,that I/We are in good standing with respect to or in full compliance with a plan to pay any and all contributions or payments in lieu of contributions due to the Department of Employment and Training. If applicant is applying as an individual: I hereby certify that I/We are not under an obligation to pay child support or that I/We are in good standing with respect to child support or am in full compliance with a plan to pay any and all child support payable under a support order. (VSA,Title 15,4795). Dated at aa*r E?c„r,'C\c\C`Al in the County of and State of !ram' , this I day of kri,\ ,20pg- Corporattions/Clubs: Signature of Authorized Agent Individuals/Partners: (All partners must sign) .o7krts,rl _ F (Title) Upon being satisfied that the conditions precedent to the granting of this license as provided in Title 7 of the Vermont Statutes Annotated, as amended, have been fully met by the applicant, the commissioners will endorse their recommendation on the back of the applications and transmit both copies to the Liquor Control Board for suitable action thereon,before any license may be granted. For the information of the Liquor Control Board, all applications shall carry the signature of each individual commissioner registering either approval or disapproval. Lease or title must be recorded in town or city before issuance of license.�J i � ),�vrl/ ,Vermont, -T'/ 7'' �n/Ci �' Date APPROVED DISAPPROVED Approved/Disapproved by Board of Control Commissioners of- e City or own(circle one)o r / att/ Total Membership members present Attest, City or Town Clerk TOWN OR CITY CLERK SHALL MAIL BOTH COPIES OF APPLICATION DIRECTLY TO THE DEPARTMENT OF LIQUOR CONTROL, GREEN MOUNTAIN DRIVE, DRAWER 20, MONTPELIER, VERMONT 05620-4501. If application is disapproved,local control commissioners shall notify the applicant by letter. No formal action taken by any agency or authority of any town board of selectmen or city board of aldermen on a first or second class application shall be considered binding except as taken or made at an open public meeting. VSA Title 14312. NOTICE: After local action, all new applications are investigated by the Enforcement and Licensing Division prior to approval/disapproval of the license by the Liquor Control Board. SECTION 5111 AND 5121 OF THE INTERNAL REVENUE CODE OF 1954 REQUIRE EVERY RETAIL DEALER IN ALCOHOLIC BEVERAGES TO FILE A FORM ANNUALLY AND PAY A SPECIAL TAX IN CONNECTION WITH SUCH SALES ACTIVITY. FOR FURTHER INFORMATION,CONTACT: THE BUREAU OF ALCOHOL,TOBACCO&FIREARMS (513) 684-2979 DEPARTMENT OF THE TREASURY 550 MAIN STREET,CINCINNATI,OH 45202 2008 LIQUOR LICENSE RENEWAL APPLICATION 1765-001-SECN-01 SECOND CLASS LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 1 Fee: $100.00 of which License Year Beginning May 1, 2008 ending April 30, 2009 $50.00 is paid to town/city $50.00 is paid to DLC Town: 04065 - SOUTH BURLINGTON FILE APPLICATION IN DUPLICATE MISREPRESENTATION OF A MATERIAL FACT ON ANY LICENSE APPLICATION SHALL BE GROUNDS FOR SUSPENSION OR REVOCATION OF THE LICENSE, AFTER NOTICE AND HEARING 'Applicant: Review all of the information presented on this form, indicating any changes in the spaces provided. Applicant: Hoechner, Ernest, Jr. Doing Business As: Shelburne Road Exxon Mailing Address: 793 Shelburne Road 793 Shelburne Road South Burlington VT 05403 South Burlington VT 05403 CGrr/_7 Telephone: (802) 865-4853 -D Description of Premises: Lessor: '�o Grocery store and service station located in a 1 story brick building Ernest & Priscilla Hoechner 9 situated on southwest corner of Queen City Park Rd. and Shelburne Rd., 22 Imperial Drive designated as 793 Shelburne Rd., in the City of South Burlington, VT. South Burlington VT 05403 Last Enforcement Seminar: 10/10/2007 ATTACH AN ADDITIONAL SHEET TO THIS APPLICATION NOTING ANY NECESSARY CORRECTIONS OR CHANGES AND UPDATES THAT HAVE OCCURRED DURING THE PAST YEAR. Name Address Town/City State Zip Code Individual 1. Hoechner, Ernest, Jr. 66 Twin Oaks South Burlington VT 05403 Social Security Date of Number Birth Place of Birth 1. On File On File Bronxville, NY Was any person not born in the United States? Yes ✓No If naturalized citizen, please complete the following information: Name Court Where Naturalized Location (City/State/Zip Code) Date Has any person been convicted or pleaded guilty to any criminal or motor vehicle offense in any court of law (including traffic tickets by mail)? Yes vfNo If yes, please attach the following information: Individual's name, court/traffic bureau, offense and date Does any person hold any elective or appointive state, county, city, village or town office in Vermont (See VSA, T.7, Ch.9, Sec. 223)? Yes r/No If yes, please complete the following information: Name Office Jurisdiction ALL APPLICANTS MUST COMPLETE AND SIGN The applicant understands and agrees that the Liquor Control Board may obtain criminal history record information from State and Federal record repositories. • I/We hereby certify, under the pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan approved by the Commissioner of Taxes to pay any and all taxes due the State of Vermont as of the date of this application. (VSA, Title 32, Section 3113) •I/We hereby certify that I/We are not under an obligation to pay child support or that I/We are in good standing with respect to child support or are in full compliance with a plan to pay any and all child support payable under a support order. (VSA, Title 15, Section 795) In accordance with 21 VSA, Section 1378(b), I/We certify, under pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan to pay any and all contributions or payments in lieu of contributions due to the Department of Employment and Training. I/We have registered the trade name of these premises with the Secretary of State. Continued on next page 2008 LIQUOR LICENSE RENEWAL APPLICATION 1765-001-SECN-01 SECOND CLASS LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 2 I/We hereby certify that the information in this application is true and complete. Dated at St.). , in the county of -''1,1rt'gas»+q , and State of 4/...A.A.A.,..etr this 1%1— day of F E 6 ' Signature of authorized agent Signature of individual or partners of corporation, company, club or association (Title) Are'you making this application for the benefit of any other party? _Yes NI/I'No Upon being satisfied that the conditions precedent to the granting of this license as provided in Title 7 of the Vermont Statutes Annotated, as amended, have been fully met by the applicant, the commissioners will endorse their recommendation on the back of the applications and transmit both copies to the Liquor Control Board for suitable action thereon, before any license may be granted. For the information of the Liquor Control Control Board, all applications shall carry the signature of each individual commissioner registering either approval or disapproval. Lease or title must be recorded in town or city before issuance of license. -- II��,,,,�� 6 lI AP�UD-tE3UdI, Vermont, 5 JAPPROVED DISAPPROVED ttr Approved by Board 'of Control Commissioners of e City or Town of �l/ z Total Membership 3 , members present Attest, Q, Town Clerk TOWN OR CITY CLERK SHALL MAIL BOTH COPIES OF APPROVED APPLICATIONS DIRECTLY TO: • DEPARTMENT OF LIQUOR CONTROL GREEN MOUNTAIN DRIVE, DRAWER 20 MONTPELIER, VT 05620-4501 If application is disapproved, local control commissioners shall notify the applicant by letter. • No format action taken by any agency or authority of any town board of selectmen or city board of aldermen on a first or • second class license application shall be considered binding except as taken or made at an open public meeting. VSA T-1,Sec.312 • 2008 LIQUOR LICENSE RENEWAL APPLICATION 3072-001-1RST-01 FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 1 Fee: $200.00 of which License Year Beginning May 1, 2008 ending April 30, 2009 $100.00 is-paid to town/city $100.00' is paid to DLC Town: 04065 - SOUTH BURLINGTON FILE APPLICATION IN DUPLICATE MISREPRESENTATION OF A MATERIAL FACT ON ANY LICENSE APPLICATION SHALL BE GROUNDS FOR SUSPENSION OR REVOCATION OF THE LICENSE, AFTER NOTICE AND HEARING Applicant: Review all of the information presented on this form, indicating any changes in the spaces provided. Applicant: Ming's, Incorporated Doing Business As: Orchid Restaurant Mailing Address: 5 Market Street 5 Market Street South Burlington VT 05403 South Burlington VT 05403 Telephone: (802) 658-3626 Description of Premises: Premises: XX Owned _Leased A restaurant located in a one story steel and wood frame building approximately 9600 square feet in size and located on the southerly side of Corporate Way, opposite University Mall and designated as 5 Market Street in the city of South Burlington, Vermont. Last Enforcement Seminar: 01/24/2007 Date of Incorporation: 07/01/1990 State of Charter: Vermont Currently Valid Charter: Yes Federal ID Number: 03-0326448 Majority of Directors are US Citizens: Yes VT Residents: Yes ATTACH AN ADDITIONAL SHEET TO THIS APPLICATION NOTING ANY NECESSARY CORRECTIONS OR CHANGES AND UPDATES THAT HAVE OCCURRED DURING THE PAST YEAR. Corporation Name Address Town/City State Zip Code Director 1. Poon, Lai 151 Hayes So. Burlington VT Director 2. Poon, Brenda Lee 151 Hayes South Burlington VT 05403 Stockholder 3. Poon, Yiu 14 Brookwood Drive South Burlington VT 05403 Stockholder 4. Cheung, Hap M. 14 Brookwood Drive South Burlington VT 05403 Social Security Date of Number Birth Place of Birth 1. On File On File China 2. On File On File Macao • 3. On File On File China 4. On File On File China Was any director not born in the United States? `- Yes No If naturalized citizen, please complete the following information: Name Court Where Naturalized Location (City/State/Zip Code) Date Poon, Lai United States District Court Burlington Vt 10/17/1994 Poon, Brenda Lee Burlington District Court Burlington VT 05401 09/23/1991 Has any director or stockholder been convicted or plead9d guilty to any criminal or motor vehicle offense in any court of law (including traffic tickets by mail)? _Yes ` No If yes, please attach the following information: Individual's name, court/traffic bureau, offense and date Does any director or stockholder of the corporation hold anyctive or appointive state, county, city, village or town office in Vermont (See VSA, T.7, Ch.9, Sec. 223)? Yes _No If yes, please complete the following information: Name Office Jurisdiction Vt. Dept. of Health Food License No.: 0801 Vt. Dept. of Health Lodging No.: Vt. Tax Dept. Meals & Rooms Cert./Acct. No.: 104348 Outside Consumption Permit?: Yes XX No Disclosure of Non-profit Organization?: _Yes XXNo Amusement Machine Permit?: _Yes XX No Continued on next page , 2008 LIQUOR LICENSE RENEWAL APPLICATION 3072-001-1RST-01 FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 2 ALL APPLICANTS MUST COMPLETE AND SIGN The applicant understands and agrees that the Liquor Control Board may obtain criminal history record information from State and Federal record repositories. I/We hereby certify, under the pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan approved by the Commissioner of Taxes to pay any and all taxes due the State of Vermont as of the date of this application. (VSA, Title 32, Section 3113) I/We hereby certify that I/We are not under an obligation to pay child support or that I/We are in good standing with respect to child support or are in full compliance with a plan to pay any and all child support payable under a support order. (VSA, Title 15, Section 795) In accordance with 21 VSA, Section 1378(b), I/We certify, under pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan to pay any and all contributions or payments in lieu of contributions due to the Department of Employment and Training. I/We have registered the trade name of these premises with the Secretary of State. I/We h reby certify that the in rmation in this : a0n f (i(/�,��e/YU/ 14. ;, and State of VQPitY/0//- this d day of 000 Signature of auth ized agent Signature of individual or partners of corporation, company, club or association (Title) Are you making this application for the benefit of any other party? _Yes (4 No WILL APPLICANT APPLY FOR A THIRD CLASS (SPIRITUOUS LIQUOR) LICENSE? ,"Yes No Upon being satisfied that the conditions precedent to the granting of this license as provided in Title 7 of the Vermont Statutes Annotated, as amended, have been fully met by the applicant, the commissioners will endorse their recommendation on the back of the applications and transmit both copies to the Liquor Control Board for suitable action thereon, before any license may be granted. For the information of the Liquor Control Control Board, all applications shall carry the signature of each individual commissioner registering either approval or disapproval. Lease or title must be recorded in town or city before issuance ,olfvlicense.7��/► 1� //� J0•7YVA ', yr , Vermont, ZG 1)12�yi ,�� APPROVED 11 , DISAPPROVED Approved by Board of Control Commissioners of - City o Town of Total Membership , members present Attest, _ `h .„ a , Town Clerk TOWN OR CITY CLERK SHALL MAIL BOTH COPIES OF APPROVED APPLICATIONS DIRECTLY TO: DEPARTMENT OF LIQUOR CONTROL GREEN MOUNTAIN DRIVE, DRAWER 20 MONTPELIER, VT 05620-4501 If application is disapproved, local control commissioners shall notify the applicant by letter. No formal action taken by any agency or authority of any town board of selectmen or city board of aldermen on a first or second class license application shall be considered binding except as taken or made at an open public meeting. VSA T-1,Sec.312 A 2008 LIQUOR LICENSE RENEWAL APPLICATION 4362-001-1RST-01 FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 1 Fee: $200.00 of which License Year Beginning May 1, 2008 ending April 30, 2009 $100.00 is paid to town/city $100.00 is paid to DLC Town: 04065 - SOUTH BURLINGTON FILE APPLICATION IN DUPLICATE MISREPRESENTATION OF A MATERIAL FACT ON ANY LICENSE APPLICATION SHALL BE GROUNDS FOR SUSPENSION OR REVOCATION OF THE LICENSE, AFTER NOTICE AND HEARING Applicant: Review all of the information presented on this form, indicating any changes in the spaces provided. Applicant: OSSIVT, LLC Doing Business As: Outback Steakhouse Mailing Address: 150 Dorset Street 150 Dorset Street • South Burlington VT 05403 South Burlington VT 05403 Telephone: (802) 862-0003 Description of Premises: Lessor: A restaurant approximately 6500 square feet in size and located in a Dorset Square Associates one story steel and cement structure located in the Blue Mall and 1350 Shelburne Road designated as 150 Dorset Street in the city of South Burlington, Vt. Suite 200 So. Burlington Vt 05403 Last Enforcement Seminar: 10/27/2006 Filed Articles of Organization: Yes Date Filed: 06/05/2000 Federal ID Number: 03-0367169 Majority of Members are US Citizens: Yes VT Residents: Yes ATTACH AN ADDITIONAL SHEET TO THIS APPLICATION NOTING ANY NECESSARY CORRECTIONS OR CHANGES AND UPDATES THAT HAVE OCCURRED DURING THE PAST YEAR. Limited Liability Company Name Address Town/City State Zip Code Member 1. Doremus, Peter 112 Lake Street Burlington VT 05401 N. Reo Street Member 2. Outback/Empire-I, Limited Part Suite 200 Tampa FL 33609 Member 3. Gorman, Derek 94 Old Plump Road Jericho VT 05465 Social Security Date of Number Birth Place of Birth 1. On File On File New York 2. 3. On File On File Was any person not born in the United States? Yes X No If naturalized citizen, please complete the following information: Name Court Where Naturalized Location (City/State/Zip Code) Date Has any person been convicted or pleaded guilty to any criminal or motor vehicle offense in any court of law (including traffic tickets by mail)? Yes X_No If yes, please attach the following information: Individual's name, court/traffic bureau, offense and date Does any person hold any elective or appointive state, county, city, village or town office in Vermont (See VSA, T.7, Ch.9, Sec. 223)? Yes No If yes, please complete the following information: Name Office Jurisdiction vt. Dept. of Health Food License No.: 12421 Vt. Dept. of Health Lodging No.: Vt. Tax Dept. Meals & Rooms Cert./Acct. No.: 2233601 Outside Consumption Permit?: XX Yes _No Are there any changes to this Outside Consumption area?: Yes )( No (If yes, attach necessary information) Front porch completely enclosed by rail to the left and right of front entrance. 12 p.m. to 12 p.m. June 6 to closing date. Disclosure of Non-profit Organization?: _Yes XXNo Amusement Machine Permit?: Yes XX No Continued on next page 2008 LIQUOR LICENSE RENEWAL APPLICATION 4362-001-1RST-01 FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 2 ALL APPLICANTS MUST COMPLETE AND SIGN The applicant understands and agrees that the Liquor Control Board may obtain criminal history record information from State and Federal record repositories. I/We hereby certify, under the pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan approved by the Commissioner of Taxes to pay any and all taxes due the State of Vermont as of the date of this application. (VSA, Title 32, Section 3113) I/We hereby certify that I/We are not under an obligation to pay child support or that I/We are in good standing with respect to child support or are in full compliance with a plan to pay any and all child support payable under a support order. (VSA, Title 15, Section 795) In accordance with 21 VSA, Section 1378(b), I/We certify, under pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan to pay any and all contributions or payments in lieu of contributions due to the Department of Employment and Training. I/We have registered the trade name of these premises with the Secretary of State. I/We hereby certify that the information in this application is true and complete. Dated at 110 96CSC s t44,!tw4 811rk. �in the county of ��h and State of V this 'F11 day of '("LascV-,- 2001 Signature of authorized agent Signature of individual or partners of corporation, company, club or association ° elGiL, A 600,4„ (Title) Are you making this application for the benefit of any other party? _Yes Y No WILL APPLICANT APPLY FOR A THIRD CLASS (SPIRITUOUS LIQUOR) LICENSE? Yes AC No • Upon being satisfied that the conditions precedent to the granting of this license as provided in Title 7 of the Vermont Statutes Annotated, as amended, have been fully met by the applicant, the commissioners will endorse their recommendation on the back of the applications and transmit both copies to the Liquor Control Board for suitable action thereon, before any license may be granted. For the information of the Liquor Control Control Board, all applications shall carry the signature of each individual commissioner registering either approval or disapproval. Lease or title must be recorded in town or city before issuance of license. _AdAr4q.)114,1 611?)krmont, / 410 APPROVED DISAPPROVED Approved by Board of Control Commissioners of 40111,0 r Town of'— ''`'' L2 Y'1/ Total Membership ' members present Attest, e'...e+ 4012 , Town Clerk TOWN OR CITY CLERK SHALL MAIL BOTH COPIES OF APPROVED APPLICATIONS DIRECTLY TO: DEPARTMENT OF LIQUOR CONTROL GREEN MOUNTAIN DRIVE, DRAWER 20 MONTPELIER, VT 05620-4501 If application is disapproved, local control commissioners shall notify the applicant by letter. No formal action taken by any agency or authority of any town board of selectmen or city board of aldermen on a first or second class license application shall be considered binding except as taken or made at an open public meeting. VSA T-1,Sec.312 V 'Y CITY OF SOUTH BURLINGTON PUBLIC NUISANCE ORDINANCE • The Council of the City of South Burlington hereby ordains: Section 1. Authority. This ordinance is enacted pursuant to the authority granted to the City to promote the public health, safety,welfare, and convenience contained in 24 V.S:A. §2291, and §104 of the South Burlington City Charter. This ordinance shall be a civil ordinance within the meaning of 24 V.S.A. Chapter 59. Section 2. General Definitions. As used in this ordinance: "City" shall mean the City of South Burlington and/or its duly authorized agents or employees. "Person" shall mean any natural person, corporation, municipality, the state of Vermont, or any department, agency or subdivision of the state, and any partnership, unincorporated association or other legal entity. "Public place" shall mean a place where a governmental entity has title to or which the public or a substantial group of persons has access, including but not limited to any street, highway, parking lot, plaza, transportation structure, facility or vehicle, school, place of amusement, park, playground or sidewalk or to the doorways and entrances to buildings or dwellings, or grounds enclosing them thereupon Section 3. Purpose. It is the purpose of this ordinance to preserve the public health, safety, and welfare by prohibiting general nuisance behavior which is unreasonable or unsuitable for a particular time and place, and which, consequently, is detrimental to the peace and good order of the community. It is the goal of this ordinance to allow all persons of South Burlington to peacefully coexist in a manner which is mutually respectful of the interests and rights of each other. Typically, nuisance behavior disrupts the public peace and affects the quality of life within the community. Section 4. Excessive Noise. A. Purpose. The purpose of this section is to preserve the public health, safety, and welfare by prohibiting excessive and disturbing noise and to prevent noise which is prolonged or unsuitable for the time and place and which is detrimental to the peace and good order of the community. It is the goal of this section to allow all persons of our city to peacefully coexist in a manner which is mutually respectful of the interests and rights of others. B. Prohibited noise offenses. 1. General prohibition. It shall be unlawful for any person to make or cause to be made any loud or unreasonable noise. Noise shall be deemed to be unreasonable when it disturbs, injures or endangers the peace or health of two or more unrelated people or when it endangers the health, safety or welfare of the community. Any such noise shall be considered to be a noise disturbance and a public nuisance. 2. Express prohibitions. The following acts, which enumeration shall not be deemed to be exclusive, are declared to be noise disturbances: a. Radios, television sets, musical instruments, phonographs and similar devices. Operating or permitting the use or operation of any musical instrument, radio, television, phonograph, or other device for the production or reproduction of sound in such a manner as to be plainly audible through walls or floors between units within the same building, from another property or from the street between the hours of 10:00 p.m. and 7:00 a.m. or in such a manner as to unreasonably disturb the peace, quiet or comfort of the public. b. Motor vehicle sound equipment. The operation or permitting the operation of any radio, stereo or other sound amplification equipment from a motor vehicle that is audible at twenty-five (25) feet from such vehicle. The term "motor vehicle" shall mean any • car, truck or motorcycle. c. Parties and other social events. Notwithstanding section (B)(1), it shall be unlawful for any person who is participating in a party or other social event to actively make unreasonably loud noise. A "party or other social event" is defined as a gathering upon the premises of one or more persons not residing at the premises. Unreasonably loud noise is noise that unreasonably interferes with the peace or health of members of the public or is plainly audible between the hours of 10:00 p.m. and 7:00 a.m. through the walls between units within the same building, from another property or from the street. It shall also be unlawful for any person of a premises under his or her control to allow a party or other social event occurring in or about the premises to produce unreasonably loud noise. There is a rebuttable presumption that all persons of the premises have allowed such party or other social event to occur in or about the premises. All persons of the premises are responsible for such unreasonable noise made, each having joint and several liability. d. Machinery. Operating or permitting or directing the operation of any power equipment or machinery outdoors between the hours of 9:00 p.m. and 7:00 a.m., except in emergency situations or by permission of the City Manager. v a e. Construction noise. Noise resulting from the excavation, demolition, erection, construction, alteration or repair of any premises or structure between the hours of 9:00 p.m. and 7:00 a.m., except in emergency situations or by permission of the City Manager. f. Loudspeakers. The use of loudspeakers or other sound amplification equipment upon the public streets for the purpose of commercial • advertising or attracting the attention of the public to any building or site. g. Dog Barking. Persons keeping or harboring any dog or cat which by frequent or Iong continued noise disturbs the comfort or repose of persons in the vicinity. • h. Trash Removal. Noise related to trash pick-up and'removal between the hours of 8:00 pm and 6:00 a.m. C. Exemptions. Noise from the following sources shall be exempt from the prohibitions specified herein: I. All safety signals and warning devices or any other device used to alert persons to any emergency or used during the conduct of emergency work, including, but not limited to, police, fire and rescue vehicle sirens. 2. The repair and maintenance of municipal facilities, services or public utilities. when such work must be accomplished outside daytime hours. 3. Snow removal equipment operated within the manufacturer's specifications and in proper operating condition. 4. Musical, recreational and athletic events conducted by and on the site of a school, educational institution, park, or recreational area. 5. Events and activities conducted by or permitted by the City. Persons operating an event or activity under authority of an entertainment permit, parade/street event permit, or parks special use permit shall comply with all conditions of such permits or licenses with respect to noise control issues. 6. Construction or repair work which must be done to address an emergency _ health or safety concern and that cannot be accomplished during daytime hours and which is not work which includes normal maintenance and repair. 7. Any other specific function as approved by the City Manager D. Enforcement. 1. First offense. A first offense of any provision of this section by a person during any twenty-four-month period shall be deemed a civil ordinance violation and shall be punishable by a penalty of a minimum fine of two hundred dollars ($200.00)to a maximum fine of five hundred dollars ($500.00), which may, at the discretion of the prosecuting official, be waived in whole or in part upon the successful completion of a City approved restorative or reparative justice program or other community service. The waiver penalty for a first offense of any provision of this section by a person during any twenty-four (24) month period shall be a fine of two hundred • dollars ($200.00). 2. Second offenses. A second offense during a twenty-four (24) month period shall be deemed to be a civil offense and shall be punishable by a minimum fine of three hundred dollars($300.00)to a maximum fine of five hundred dollars ($500.00) which may, at the discretion of the prosecuting official, be waived in whole or in part upon the successful completion of a City approved restorative or reparative justice program or other community service. The waiver penalty shall be a fine of three hundred dollars ($300.00). 3. The third and any subsequent offense within a twenty-four(24) month period shall be deemed a civil offense and shall be punishable by a fine of five hundred dollars ($500.00). 4. Any law enforcement officer or authorized municipal official may issue a municipal complaint ticket for offenses of the noise control ordinance. State law references: Noise in the nighttime, 13 V.S.A. § 1022; Disorderly conduct, 13 V.S.A. § 1026. Section 5. Urination and defecation in streets. A. No person shall urinate or defecate on any street, in a park or other public place, except in facilities specifically provided for this purpose. Such practice is hereby declared to be a public nuisance. B. Enforcement. 1. First offense. A first offense of any provision of this section by a person during any twenty-four-month period shall be deemed a civil ordinance violation and shall be punishable by a penalty of a minimum fine of fifty dollars ($50.00)to a maximum fine of five hundred dollars ($500.00). The waiver penalty for a first offense of any provision of this section by a person shall be a fine of fifty dollars ($50.00). 2. Second offenses. A second offense during a twelve (12) month period shall be deemed to be a civil offense and shall be punishable by a minimum fine of one hundred dollars ($100.00)to a maximum fine of five hundred dollars ($500.00). The waiver penalty shall be a fine of one hundred dollars ($100.00). 3. The third and any subsequent offense within a twelve (12) month period shall be deemed to be a civil offense and shall be punishable by a minimum fine of two hundred dollars ($200.00)to a maximum fine of five hundred dollars ($500.00). The waiver penalty shall be a fine of two hundred dollars ($200.00). Section 6. - Defacing buildings, structures and signs. A. Defacing buildings, structures and signs prohibited. No person shall apply or cause to be applied any paint, varnish, lead, crayon, wax, ink, dye or other indelible substance, nor shall any person carve, chisel or write any figure or letter on the exterior or interior walls or on the windows of any building or structure or deface any sign without having first secured authority from the owner of such building or his duly authorized agent to do so. Such practice is hereby declared to be a public nuisance. B. Enforcement. 1. First offense. A first offense of any provision of this section by a person during any twenty-four-month period shall be deemed a civil ordinance violation and shall be punishable by a penalty of a minimum fine of fifty dollars ($50.00)to a maximum fine of five hundred dollars ($500.00), which may, at the discretion of the prosecuting official, be waived in whole or in part upon the successful completion of a City approved restorative or reparative justice program or other community service. The waiver penalty for a first offense of any provision of this section by a person shall be a fine of fifty dollars ($50.00). 2. Second offenses. A second offense during a twelve (12) month period shall be deemed to be a civil offense and shall be punishable by a minimum fine of one hundred dollars ($100.00)to a maximum fine of five hundred dollars ($500.00). The waiver penalty shall be a fine of one hundred dollars ($100.00). 3. The third and any subsequent offense within a twelve (12) month period shall be deemed to be a civil offense and shall be punishable by a minimum fine of two hundred dollars ($200.00)to a maximum fine of five hundred dollars ($500.00). The waiver penalty shall be a fine of two hundred dollars ($200.00). Section 7. Improper Use of Privately Controlled Waste Containers. A. The dumping of household, construction, or other forms of waste in privately controlled waste containers shall be a violation of this section. B. Enforcement. 1. First offense. A first offense of any provision of this section by a person during any twenty-four-month period shall be deemed a civil ordinance violation and shall be punishable by a penalty of a minimum fine of fifty dollars ($50.00)to a maximum fine of five hundred dollars ($500.00). The waiver penalty for a first offense of any provision of this section by a person shall be a fine of fifty dollars ($fl).00). • 2. Second offenses. A second offense during a twelve (12) month period shall be deemed to be a civil offense and shall be punishable by a minimum fine of one hundred dollars ($100.00)to a maximum fine of five hundred dollars ($500.00). The waiver penalty shall be a fine of one hundred dollars ($100.00). . 3. The third and any subsequent offense within a twelve (12) month period shall be deemed to be a civil offense and shall be punishable by a minimum fine of two hundred dollars ($200.00)to a maximum fine of five hundred dollars ($500.00). The waiver penalty shall be a fine of two hundred dollars ($200.00). Section 8. Other Relief. In addition to the enforcement procedures available before the Judicial Bureau, the City, through the City Manager or City Attorney, is authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue any other remedy authorized by law to enforce this Ordinance. ADOPTED at South Burlington, Vermont, this day of , 2008, and to be effective upon adoption_ SOUTH BURLINGTON CITY COUNCIL Received and Recorded, this day of , 2008. City Clerk son07-001 publ icnui sanceordDRAFT3.doc .44 11 BURLIN°r°N 4 4* ~• City of South Burlington /+ ! 11g Li ,,, 575 DORSET STREET rOt/j'��AtiotiiioI��'`% ��`� SOUTH BURLINGTON VERMONT 05403 _ TEL. (802) 846-4107 1° `~ FAX (802) 846-4101 r" �e M CITY MANAGER G8yE04 rBwR M>a6�ti CHARLES E. HAFTER To The Other Paper: On May 20th, the voters of South Burlington will have a unique opportunity to grow the essential first responder service of our City's Fire Department in a cost-effective way so that the Department can better meet the needs of our growing city. We urge voters to join with us to vote"Yes" on Question 3 on our ballot to approve the City's acceptance of a federal Department of Homeland Security"SAFER" grant, to use a small portion of our sales taxes revenue to support our Fire Department the next nine years, and to use a gradually increasing but small amount of property taxes (never exceeding roughly 1.3 cents per$100 assessed value) over that same period in order to allow us to add 6 firefighters immediately to our force of first responders. Our City's growth is outstripping our Fire Department's ability to provide effective service to our growing population in a manner that is safe for our residents and for our firefighters. We have witnessed first hand how challenging the current structure is for our Department. It seems that every time a call comes in, within minutes a second call occurs. Our current shifts only allow for two firefighters per fire truck at Dorset Street and Shelburne Road. If we approve this budget program your City Council has brought forward for your approval, we can increase that to three firefighters per fire truck. The current staffing is not adequate for our City of 17,243, a great many of whom are senior citizens. In addition to responding to calls from our residents, our Fire Department must also deal with emergencies on the nearby highway, in our stores and on our local roads. They must care for the residents of the City and for our visitors. Current staffing does not allow for the Department to respond in a way that is healthy or safe for the Department members. Imagine the following scenario. The firefighters are asked to respond to a fire alarm at a multiple family dwelling, while simultaneously a person calls complaining of chest pains. The two firefighters at the fire call must carry about a hundred pounds of equipment in and out of the structure while waiting for additional help to arrive. Now imagine this happening two or three times in a morning. We are overworking the members of our Fire Department and, in as sense, taking advantage of their devotion to duty. We can improve this situation without"breaking the bank." The payment plan developed by the City Manager and approved by the City Council by a unanimous 5 —0 vote will allow the City to add 6 firefighters immediately at a reasonable cost to the taxpayers of the City. Here's how it works in a nutshell. We can use the city funds to leverage to acquire the $682,000 federal grant. The payment program takes place from the year 2008—2009 through 2017—2018. During that period we begin by using about $75,000 of sales tax(out of more than $1.5 million annually we collect now). The most sales tax we project to use is $141,888 in 2012— 2013. From 2009—2010 to 2017—2018, we also will use a small amount of property tax. This begins at two-tenths of a cent per $100 of value - - this is a bill of$6 for a $300,000 home. In 2017-2018 this rises to 1.3 cents per$100 of value or $39 for a $300,000 home. And that is it! We are able to accomplish this because of the SAFER grant offered by the federal government to enable cities like ours to grow their first responder forces in an efficient manner. One complaint of government in general (at the local, state and federal level) is that it does not plan ahead. This budget item represents sensible and careful planning. By judicious usage of a small portion of our sales tax and small increments of our property tax, we are able to grow our Fire Department to a size that is proportionate and appropriate to our City. We believe this fairly serves both our residents and our first responders. Please vote"YES" on Question 3 on May 20. 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' II = r •' III rrr G i ,mot"'.. • IUD -kk lerkrie, 2O7 Mutual Aid A WARN provides a forum for establishing and maintain- ing emergency contacts (Utilities Helping Utilities) A WARN provides access to specialized resources needed to respond to emergencies at water and wastewater systems Submitted by: Rick Kenney, A WARN can facilitate training that specifically focuses on Director, Green Mountain Environment Association the exchange of resources during an emergency or drill. 4. Why is a WARN important? Mutual aid agreements are nothing new.We've all seen them Utility resources are specialized. in operation, a convoy of power company utility trucks car- Utilities must be self-sufficient tying transformers and poles heading to assist another corn- Utilities pang in time of need, a fire department fighting a major fire must fill the gap before the arrival of government aid. with assistance from other fire departments.Long ago,organ- 5. What does a WARN program provide a utility? izations such as these recognized that their resources were limited and they could not do it alone during major emer- Access to specialized,certified,and knowledgeable utility gencies. Electric utilities and fire departments require trained personnel personnel and special equipment and materials in order to Access to heavy equipment,•tools and supplies used by operate properly.Furthermore, public health and well-being . utilities during normal events. are contingent on how well these organizations respond to an emergency and restore normal operations. 6. What are the benefits of a WARN? There is no cost to participate. Does this sound familiar?It should.How important to public WARN is like investing in a no cost insurance policy to health and well-being is clean drinking water and waste- access resources when needed. water collection and treatment? How specialized are water and wastewater systems? How much training is required to WARN increases emergency preparedness and coor- operate,maintain,and repair water and wastewater systems? dination. Could a water or wastewater system do it alone? ' WARN enhances access to specialized resources. WARN provides a.single agreement to access resources Enter: statewide. Water and Wastewater Agency Response Network (WARN) WARN expedites arrival of aid (don't have to work out the administrative items;the agreements and WARN protocols So what exactly is WARN? The following are FAQs from the work them out in advance for you). website of WARN Central.http://wwwwatersc.org/warnhtml WARM agreement contains indemnification and worker's 1. What is Mutual Aid/Assistance? compensation provisions to protect participating utilities and provide reimbursement protocols. Mutual Aid/Assistance is one agency helping another based on a written agreement.The assistance is provided • 7 How does a utility get assistance during an emergency? across jurisdictional boundaries in the event of an Currently,each WARN system works differently depending emergency. on previous agreements. 2. What is a WARN? Initial access may be made directly to other members or A Water and Wastewater Agency Response Network is a through an identified coordination point. network of utilities helping utilities to respond to and As a result of the contact, WARN members are able to recover from emergencies. match the equipment, skilled labor, and other resources Participation is voluntary. needed with resources other members have available by querying a database, calling members, or using an inter- There is no obligation to respond. net message board to locate those resources. There is no cost to participate. Each WARN also provides facilitation in collecting damage assessment and locating resources as needed. 3. What is the purpose of a WARN? A WARN establishes an agreement and protocols for Public utilities may also access other resources through local, state, and federal agencies. sharing resources among water and wastewater utilities statewide. (continued on page 6) 5 Mutual Aid (Utilities Helping Utilities) ration of an emergency,:saving critical time in response. (continued from page 5) Statewide programs do not include private utilities, WARN agreements do. For aid to cross state lines, a presidential declaration is 8. Are member utilities required to respond and send usually required; WARN agreements do not have that resources? limitation,but require coordination with state emergency There is no obligation to respond. management. 9. What happens if a utility sends resources and needs 14. Is help available for disasters other than hurricanes? them back? WARN is available in all types of emergencies. Under no circumstances should a utility send resources WARN members can receive assistance anytime their if it impacts their ability to manage daily operations or system needs emergency assistance. response to its own emergency. It is up to the lending utility to determine what resources 15. Who should be involved in helping develop a WARN? to send. Utility owner/operators Resources remain under the authority of the sending Professional association representation utility, and as such can be recalled any time. State water and wastewater primacy agency (State 10. What happens if equipment on loan is damaged or health, environmental protection, etc.) stolen? State emergency management and/or homeland security • This may depend on your state's mutual aid/assistance agency agreement; the lending utility is typically responsible to US EPA region representation have insurance in case this happens. 16. What help is available to form a WARN? 11. Are mutual aid and assistance activities eligible for AWWA has published a White Paper FEMA reimbursement? AWWA will be holding workshops across the country It is important to understand how the FEMA programs EPA can help with post workshop remote support on a work and understand how they apply to mutual case by case basis, depending on available funding and aid/assistance in advance; Some key considerations for the specific needs of the program.Support could include FEMA reimbursement include: facilitation of meetings and workshops, administrative The assistance is requested by the Applicant; support, and answer technical questions. The work performed is directly related to the disaster and is otherwise eligible for FEMA assistance; 17. What about setting up an interstate mutual aid The entity can provide documentation of rates and pay- program? ment for services, if requested; and Currently the Emergency Management Assistance The agreement is written and was in effect prior to the Compact (EMAC) is being used by all fifty states to share disaster. aid across state lines. The water sector will be working with the administrators of EMAC to ensure that it can be 12. Will a utility be reimbursed for the use of their used effectively for the water sector. resources? California and Florida are two examples of states with a This depends upon the terms that the lending and bor- WARN agreement in place. Many other states are at various rowing utilities agree upon. stages of development towards a WARN agreement. In some cases during a federally declared disaster,FEMA may provide reimbursement for equipment, fuel, and As for New England, a seminar was held on May 17, 2007 personnel used in a disaster. that was sponsored by AWWA and NEWWA and funded by EPA. 13. How is WARN different from a statewide mutual aid program? A steering committee for Vermont has been formed. The Statewide mutual aid/assistance agreements frequently committee is seeking additional members.Anyone inter- require a declaration of a "local emergency" to activate ested can contact Rick Kenney -at Hartford Water the agreement,WARN agreements do not require decla- Department(802)295-5579,or Rkenney@hartford-vt.org. 6 Utilities HelpingUtilities : An Action Plan for Mutual Aid and Assistance Networks for Water and Wastewater Utilities www.NationalWARN.org A Water and Wastewater Agency Response Network(WARN)is a network of utilities helping other utilities to respond to and recover from emergencies. The purpose of a WARN is to provide a method whereby water/wastewater utilities that have sustained or anticipate damages from natural or human-caused incidents can provide and receive emergency aid and assistance in the form of personnel, equipment,materials, and other associated services as necessary from other water/wastewater utilities.The objective is to provide rapid,short-term deployment of emergency services to restore the critical operations of the affected water/wastewater utility. The backbone of the WARN concept is the Mutual Aid and Assistance Agreement.It is in the Mutual Aid and Assistance Agreement where provisions for network activation, reimbursement, liability and other issues are mutually agreed upon by participating utilities. Participation is voluntary,there is no obligation to respond, and there is no direct cost to become a member of the network. The WARN framework provides a forum for establishing and maintaining emergency contacts, providing expedited access to specialized resources needed to respond to and recovery from emergencies that disrupt water/wastewater utilities,and facilitating training that specifically focuses on the exchange of resources during an emergency. Events such as 9/11,the 1994 Northridge earthquake,the 1997 Red River flood,and more recently Hurricanes Katrina and Rita identified a need for water and wastewater utilities to create intrastate mutual aid and assistance programs because: • utilities require specialized resources to sustain operations; • government response agencies and other critical infrastructure rely on water supplies; • utilities must provide their own support in the immediate aftermath of an incident as state and federal resources will not likely be available or deployed for up to 72 hours; • large events impact regional areas, making response from adjacent utilities impractical; • disasters impact utility employees and their families creating greater need for relief; • agreements must be established and in place prior to an incident for federal reimbursement eligibility; and • engagement in mutual aid/assistance supports Department of Homeland Security requirements for compliance with the National Incident Management System (NIMS) The growth in WARNs as shown on the enclosed maps is due to many utilities wanting to increase their preparedness and overall resiliency of the communities they serve. For more information on WARNs, contact Kevin Morley of the American Water Works Association at(202) 628-8303 or via email at krnorley@awwa.org. r , Utilities Helping Utilities (4/1/06) rt1 41/14h. nrOlrtf Utilities Helping Utilities (3/24/08) Agreement t VWWA R N (Vermont Water/Wastewater Agency Response Network) District Map icN ®= 37 rm rw..ur 1'1 _'r.r.:. t q,'m ana qfi- $ tea. sppfhti B a a ate. ;::.. 0( rit r - .. , .. n , a i �tn 1 TAT l aC41r .,s,. 'x J ylR sr S. ,' 1`e 4- a JlX }fir f 3i� :/ IM.11:. 6 IA \4 Pa TT +V { Ii r, ,: r _, lra r*` 1. a wn'w-, i' `- ,iy 7 Rom'• ^�/I� . •. ..,,:,,P.r. -t•-.,- 7 •,+fti,„..,-* - , (-15.' -'41,,, Za..,101--: 7 ii. , 1. _ ,. „,. ....., . ,.. ,!.. .m . . , t CFD .1141410T3 ii...4. = .1 q,. ""'meta ,"dttl., m f ey. O,w F:7,:.ti CJ .' , 4 w..v,r, 1 / yi .=r }4 Ia4C y . ".'ti. L —� - !II.." r su1I.txa . 0 Yi i a :''`.ern sww• i7/ f �f�?.. ms., r t Ip fir» r., 'iroot. �Ij . Mr ws • i> ^4,10u am "'�"' • ,,q, wet __ tr< asp �i r� w.o , V i ar wl4. ..j C:./ ' `tag.AD ii /' ."„gyp_ • ,N� w e' + v4- Vermont Intrastate Mutual Aid and Assistance Agreement For Water and Waste Water Utilities* March 18, 2008 This Agreement is made and entered into by public and private Water and Wastewater Utilities that have, by executing this Agreement, manifested their intent to participate in an Intrastate Program for Mutual Aid and Assistance. ARTICLE I. PURPOSE Recognizing that emergencies may require aid or assistance in the form of personnel, equipment, and supplies from outside the area of impact, the signatory utilities hereby establish an Intrastate Program for Mutual Aid and Assistance. Through the Mutual Aid and Assistance Program, Members coordinate response activities and share resources during emergencies. This Agreement sets forth the procedures and standards for the administration of the Intrastate Mutual Aid and Assistance Program. ARTICLE II. DEFINITIONS A) Authorized Official —An employee or officer of a Member utility that is authorized to: 1. Request assistance; 2. Offer assistance; 3. Refuse to offer assistance, or 4. Withdraw assistance under this Agreement. B) Emergency-A natural or human caused event or circumstance causing, or imminently threatening to cause loss of life, injury to person or property, human suffering or financial loss, and includes, but is not limited to, fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of oil or hazardous material, contamination, utility or transportation emergencies, disease, blight, infestation, civil disturbance, riot, intentional acts, sabotage, and war that is, or is or could reasonably be beyond the capability of the services, personnel, equipment, and facilities of a Mutual Aid and Assistance Program Member to fully manage and mitigate internally. C) Member-Any public or private Water or Wastewater Utility that manifests intent to participate in the Mutual Aid and Assistance Program by executing this Agreement. D) Associate Member—Any non utility participant, approved by the Statewide Steering Committee, that provides a support role for the WARN program, for example State Department of Public Health, or associations,who are members of the Regional or State Steering Committees and do not officially sign the WARN agreement. E) Damaged Member-A Member who requests aid or assistance under the Mutual Aid and Assistance Program. - 1 — *This program and Agreement is developed to address National Incident Management System(NIMS)requirements, assuring eligibility for federal grants through the Department of Homeland Security,or FEMA cost reimbursements. Also, the Agreement is designed to be consistent with the requirements of the Emergency Management Assistance Compact(EMAC)should Vermont's Mutual Aid Program evolve into an Interstate status. Vermont Intrastate Mutual Aid and Assis nce Agreement For Water and Waste Water Utilities* March 18, 2008 F) Assisting Member-A Member that responds to a request for aid or assistance under the Mutual Aid and Assistance Program. G) Non-Responding Member—A Member ornder the Mssociateut aerl A d and Ass stanceber that does not rProgram aid or assistance during a Period of Assistance u H Confidential Information—Any document shared with any signatory ;notes,try of this Agreement Bement that is marked confidential, including but not limited to any P mail which relates to the system vulnerabilities of a Member or Associate Member. I) Period of Assistance -A specified period of time when an Assisting Member supplies depart Damaged Member.The period commences when personnel, equipment, cility offal from an Assisting Member's facility and ends when the resources return urn their The specified to portal). All protections identified in the agreement apply during this Period of Assistance may occur during response to or recovery from an emergency, as previously defined. proach to J) National Incident Managementsm nun fo m procesS) -A ses and procedustandardized res for incident management and response thatsets emergency response operations. K) FEMA-"FEMA" means the Federal Emergency Management Agency. es" is the L) Schedule of Equipment Rates -The Sanddecoule�ery directorate af Equipment npplicable totmajor disasters est rates published by FEMA under the response and emergencies. ARTICLE Ill. ADMINISTRATION The Mutual Aid and Assistance Program shall u e teering t administered ions of the stateuEach eg t Statewide n shal sprovide Committee comprised of representatives from fo 9 one wastewater representative, one water representative,local one representative at large. The coordination of the Mutual Aid and responsibility of the regional representatives is toprovideThe designated regions are Assistance Program before, during, and after an D'S ec9s of the State of Vermont, which are ency.consistent with the four existing Public Safety/Troop shown on the attached "VtWARN District Map". Each group of regional representatives shall meet idas a dedeto addrespMutual Aid and and Assistance Program issues, and to review mutualpre P procedures. A spokesperson for each regional group represents their Committee shall meetragn .'nuallyntln addition to erests on the Statewide Committee. The Statewide Steering the Statewide Committee also welcomes representing the interests of the Members, representatives from other organizations that mahave a le to playagement, inV the Mutual lAid Water and Assistance Program, e.g., public health, emergency o rship of Association, GMWEA, NEWWA, American Water Works ev review,�update, and consol'dateeemeergency the Chair, the Statewide Committee members shall response activities for the Mutual Aid and Assistance Program. *This program and Agreement is developed to addresse Department of l Incident Mana Sec gementitY, orFEMA cost System t eS)requir ments, assuring eligibility for federal grants through the p to he consistent with the requirements of the Emergency Management Assistance . . _._ ,_s _ ,fo*fah sR Vermont Intrastate Mutual Aid and Assistance Agreement For Water and rWaste a s 2W$Water Utilities* ARTICLE IV. PROCEDURES coordination with the regional representatives, emergency management, and the public health In operational and planning procedures system of the state, the Statewide Committee shall develop for the Mu tual Aid and Assistance Program. These procedures shall be updated at least annually and updated as needed by the Statewide Steering Committee. ARTICLE V. RE UESTS FOR ASSISTANCE Responsibility: Members shall identify an Authorized n ed Official ource l and information that; may provide contactbe Member p 24-hour access; and main available informationothe includingCommittee. from utility for mutual aid and assistance response.he Statewide Steerin information shall f be updated annually or when changes occur and provided for Assistance: In the event of an Emergency, a Member's Authorized Official may RequestMember. Requests for assistance can be madere adest mutual aid and assistance W from a participating for assistance shallipne directedad to orallyor in writing. When made orally, the request for personnel, equipment, and supplies shall be prepared in writing as soon as practicable. Requests the Authori zed Official of the participating Member. Specific protocols for requesting aid shall be provided in the required procedures (Article IV). Responseo e to a Reque st for Assistance: Members of agreement are not obledated t al spondt to a request. After a respond, receiveshr a requestfor assistance,aiabletothe senf of a shallrc inform,mstanes s her or not to respond, whether resources are available IAuthor'zedsRepre or if other circumstances whet would hinder response. FollDamaged the r evaluation,whe theer is type of available the soon as possible, the Damaged Member whether it will raseanMember about the typ willing and able to o provide es assistance, arrival time Member shall e of such assistance. resources and the approximate E s Agr eme does not Discretion of Assisting Member's Authorized Official: xecation of thi receives a t request for create any duty to respond to a request for assistance. When as to whether nn ,ce the Authorized Official shall have sole and absolute responsediscretion Authorizedornt Member'so reasspond, or the availability of resources to be usedin uch decisions on the availability of resources shall be final. ARTICLE VI. ASSISTING MEMBER PERSONNEL NIMS: W providing roviding assistance under this Agreement, the Damaged aged Utilityilnt and te Assisting Utility shall be organized and shall function under the National hile em loyees so provided may be under the s control of the Damaged Memberrvision of the Assisting , the Member's employees Control: W P come under the direction and Assisting Department of HomelandManagement n FEMA cost MS)requirements, *This program and Agreement is developed to the address National Incident MSecurity,anagement Systeml ) Assistance assuring Agreement for federal grand ts thro be ugh requirements of the Compact the AgMAC)should Vermont'sMutual Aid Program nsistent with eevolve into an Interstate status.y Compact(EMAC) Vermont Intrastate Mutual Aid and Assistance Agreement For Water and Waste Water Utilities* March 18, 2008 consistent with the NIMS Incident Command System to address the needs identified by the Damaged Member. The Damaged Member's Authorized Official shall coordinate response activities with the designated supervisor(s) of the Assisting Member(s). The Assisting Member's designated supervisor(s) must keep accurate records of work performed by personnel during the specified Period of Assistance. Food and Shelter: Whenever practical, Assisting Member personnel must be self sufficient for up to 72 hours. When possible, the Damaged Member shall supply reasonable food and shelter for Assisting Member personnel. If the Damaged Member is unable to provide food and shelter for assisting personnel, the Assisting Member's designated supervisor is authorized to secure the resources necessary to meet the needs of its personnel. Except as provided below, the cost for such resources must not exceed the State per Diem rates for that area. To the extent Food and Shelter costs exceed the State per Diem rates for the area, the Assisting Member must demonstrate that the additional costs were reasonable and necessary under the circumstances. Unless otherwise agreed to in writing, the Damaged Member remains responsible for reimbursing the Assisting Member for all reasonable and necessary costs associated with providing food and shelter, if such resources are not provided. Communication: The Damaged Member shall provide Assisting Member personnel with radio equipment as available, or radio frequency information to program existing radios, in order to facilitate communications with local responders and utility personnel. Status: Unless otherwise provided by law, the Assisting Member's officers and employees retain the same privileges, immunities, rights, duties, and benefits as provided in their respective jurisdictions. Licenses and Permits: To the extent permitted by law, Assisting Member personnel who hold licenses, certificates, or permits evidencing professional, mechanical, or other skills shall be allowed to carry out activities and tasks relevant and related to their respective credentials during the specified Period of Assistance. Right to Withdraw: The Assisting Member's Authorized Official retains the right to withdraw some or all of its resources at any time for any reason in the Assisting Member's sole and absolute discretion. Notice of intention to withdraw must be communicated to the Damaged Member's Authorized Official as soon as is practicable under the circumstances. ARTICLE VII. COST REIMBURSEMENT The Damaged Member shall reimburse the Assisting Member for each of the following categories of costs incurred while providing aid and assistance during the specified Period of Assistance as agreed to in whole or in part by both parties; provided, that any Assisting Member may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the Damaged Member without charge or cost. *This program and Agreement is developed to address National Incident Management System(NIMS)requirements, assuring eligibility for federal grants through the Department of Homeland Security, or FEMA cost reimbursements. Also, the Agreement is designed to be consistent with the requirements of the Emergency Management Assistance Compact(EMAC)should Vermont's Mutual Aid Program evolve into an Interstate status. Vermont Intrastate Mutual Aid and Assistance Agreement For Water and Waste Water Utilities * March the Damaged Member for personnel specified Period of Assistance. Assisting Member c Personnel:incurred The for worknerdu during the reimbursed by Ass their employment Member personnelosts incurrd work performed to the terms providedmustn keep orthercosts shall be employment. The AssistingMember designated supervisor(s) accurate other records of e k Y personnel during the specified Period Assistance. records s Member work performed theby p Member must consider all personnel Damaged reimbursement to Assisting includingcosts, salaries or hourly wages, costs for fringe benefits, and indirect costs• r for the use of Member Equipment: of Assistance, including, but not limited to, reasonable l rental The Damaged Member shall reimburse the Assisting n �unloadir►g equipment duringl, a specified Period orderoa d and lea i g Member in good working equip all fuel, lubrication, maintenance, transportation, rat to soon as is. practicable icbleequipment sh be returned e the Assisting errant Ageum, for as practicable and reasonable under the circumstances.M 9 s a minimum, rates for equipmentMember uses rates different from those in the FEMA the A) use must be e If an Assisting Emergency Management such rates in writing Schedule of Equipment Rates. the Assisting Member must provide Schedule of Equipment to supplyingup, equipment. Mutual agreement on which rates are usede must Damaged Member prior Reimbursement for equip be reached prior to dispatch of the equipment. r e in writing mustof equipment elwhile its equipment l FEMA Schedule of Equipment RatesC be developed based on actual referenced on the Member must lease a piece recovery of costs. If Assisting is ' d Damaged Member shall reimburse Assisting Member for such rental costs. kind or being repairs in Supplies: The Damaged Member must reimburse the Assisting Memberberrin kind or le Materials and mplus handling charges, for use of expendable supplies.actual replacement cost, to the Assisting MemberDamaged m in a Assisting Member must not charge direct fees charges to the Damage The Member for other supplies and reusable items that are r to e condition. Reusable supplies that are returned est the MemberArsemegt with lean, damage-free for purposes damage must be treated as expendable suppliesprovide an itemized bill to the Damaged Member Member Member while r bill g assistance Damaged this fo Payment Period: The Assisting the Assisting days Ar all expenses incurred byrequest additional Member must send the itemizsdn bill m later ay n ninety (90) not Agreement. The Damaged Member shallt following the end of the Period of Assistance. The Ass and Damaged Member must pay the bill in full on unreasonablyer time withindwhich to such request.itemized Damagedrequest orfor withhold consentMember shall not forty-fifth (45th) day following the billing Thel Danamaged may additionalr before theYthat all payment shall occurt periods of dimo consentnn which tor pay the, provided, however, ed unreasonably withhold such request, later than one year after the date a final itemized bill is submitted to the Damaged Member.e access to not representatives shall authorized books, documents, notes, reports, papers and records which are directly Records: Each Assisting Member and their dulyof a cost bill or making a a Damaged Member's of reviewing the accuracy pertinet to maintenance,his Agreement for the purposes becks, documents, notes, reports, or regulatory audit. Each Damaged and their duly authorized financial,representatives iesshallMember's to this Agreement for the purposes of reviewing papers and recordswhich are directly p Assisting papers and r 5 nf l incident Management n FEMA cost MS)requirements, and Agreement is developed to address National Incident MSecurity,anagement Systema Management Assistance *Th prgram g a g Alo,assuringhAgreementeity for is federaldesignedgra tots through the twith Department Vermont's Mutual Aid Program evolve into an Interstate status. Also, the be consistent with the requirements of the Emergency -,,.,,., pt�EMAC)should Vermont Intrastate Mutual Aid and Assistance Utilities* For Water and Waste Water March 18, 2008 the accuracy of a cost bill or making a financial, maintenance, or regulatory audit. Such records shall be maintained for at least three (3)years or longer where required by law. ARTICLE VIII. DISPUTES If any controversy or claim arises out of, oAgreement,relates to, the disputing on Members shall first of the Agreement,attemplt to but not limited to, alleged breach of the geement be resolve the dispute by negotiation, followed eriby mediation an Arbitrationnd finally Association.IlAnyscourt of competent in accordance with the Rules of the jurisdiction may enter the judgment rendered by the arbitrators as final judgment that is binding on the parties. ARTICLE IX. DAMAGED MEMBER'S DUTY TO INDEMNIFY hold harmless, the The Damaged Member shall assume the defense from all claims, loss, damaged injury, and liability of Assisting Member, its officers and employees, every kind, nature, and description, directly or indirectly arising from Assisting Member's work during a specified Period of Assistance. The scope of the d aoed Membet r's o duty to indemnify from, of includes, but is not limited to, suits arising equipment or supplies on loan to the Damaged Member, or faulty workmanship or other negligent acts, errors, or omissions by Damaged Member or the Assisting Member personnel. The Damaged Member's duty to indemnify is subject to, and shall be applied consistent with, the conditions set forth in Article X. ARTICLE X. SIGNATORY INDEMNIFICATION In the event of a liability, claim, demand, action, or proceeding of whatever kind or nature arising out of a specified Period of Assistance, the Members who receive and provide assistance shall have a duty to defend, indemnify, save and hold harmless m, action, demand,lnor pg eoceeding of mbers, their officers, agents, and employees from any liability, whatever kind or nature arising out of a Period of Assistance. ARTICLE XI. WORKER'S COMPENSATION CLAIMS The Assisting Member is responsible for providing I The Damaged Memberl�s responsible for n benefits and administering worker's compensation for its employees. providing worker's compensation benefits and administering worker's compensation for its employees *This program and Agreement is developed to address 6 of HomelandentManaSecugement nr FEMA coNIMS)requirements, Also fors federalgrantsto thrconh theDepartment Also, the Agreement is designed mo t s be Mutual Aid Program evolve into an Interstate status. Management Assistance Compact(EMAC)should Vermont Intrastate Mutual Aid and Assistance Agreement For Water and Waste Water Utilities* March 18, 2008 ARTICLE XII. NOTICE A Member who becomes aware of a claim or suit that in any way, directly or indirectly, contingently or otherwise, affects or might affect other Members of this Agreement shall provide prompt and timely notice to the Members who may be affected by the suit or claim. Each Member reserves the right to participate in the defense of such claims or suits as necessary to protect its own interests. ARTICLE XIII. INSURANCE Members of this Agreement shall maintain an insurance policy or maintain a self insurance program that covers activities that it may undertake by virtue of membership in the Mutual Aid and Assistance Program. ARTICLE XIV. CONFIDENTIAL INFORMATION To the extent provided by law, any Member or Associate Member shall maintain in the strictest confidence and shall take all reasonable steps necessary to prevent the disclosure of any Confidential Information disclosed under this Agreement. If any Member, Associate Member, third party or other entity requests or demands, by subpoena or otherwise, that a Member or Associate Member disclose any Confidential Information disclosed under this Agreement, the Member or Associate Member shall immediately notify the owner of the Confidential Information and shall take all reasonable steps necessary to prevent the disclosure of any Confidential Information by asserting all applicable rights and privileges with respect to such information and shall cooperate fully in any judicial or administrative proceeding relating thereto. ARTICLE XV. EFFECTIVE DATE This Agreement shall be effective after the Water and Wastewater Utility's authorized representative executes the Agreement and the applicable Regional Group receives the Agreement. The Regional Group shall maintain a list of all Members in the respective region. The Statewide Committee Chair shall maintain a master list of all members of the Mutual Aid and Assistance Program. ARTICLE XVI. WITHDRAWAL A Member may withdraw from this Agreement by providing written notice of its intent to withdraw to the applicable Regional Group and the Statewide Chair. Withdrawal takes effect 60 days after the appropriate officials receive notice. Withdrawal from this Agreement shall in no way affect a - 7 — *This program and Agreement is developed to address National Incident Management System(NIMS)requirements, assuring eligibility for federal grants through the Department of Homeland Security,or FEMA cost reimbursements. Also, the Agreement is designed to be consistent with the requirements of the Emergency Management Assistance Compact(EMAC)should Vermont's Mutual Aid Program evolve into an Interstate status. Vermont Intrastate Mutual Aid and Assistance Agreement For Water and Waste Water Utilities* March 18, 2008 Damaged Member's duty to reimburse an Assisting Member for cost incurred during a Period of Assistance,which duty shall survive such withdrawal. ARTICLE XVII. MODIFICATION No provision of this Agreement may be modified, altered, or rescinded by individual parties to the Agreement. Modifications to this Agreement may be due to programmatic operational changes to support the agreement, legislative action, creation of an interstate aid and assistance agreement, or other developments. Modifications require a simple majority vote of Members within each region and a unanimous agreement between the regions. The Statewide Committee Chair must provide written notice to all Members of approved modifications to this Agreement. Approved modifications take effect 60 days after the date upon which notice is sent to the Members. ARTICLE XVIII. SEVERABILITY The parties agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. ARTICLE XIX. PRIOR AGREEMENTS This Agreement supersedes all prior Agreements between Members to the extent that such prior Agreements are inconsistent with this Agreement. ARTICLE XX. PROHIBITION ON THIRD PARTIES AND ASSIGNMENT OF RIGHTS/DUTIES This Agreement is for the sole benefit of the Members and no person or entity must have any rights under this Agreement as a third-party beneficiary. Assignments of benefits and delegations of duties created by this Agreement are prohibited and must be without effect. ARTICLE XXI. INTRASTATE AND INTERSTATE MUTUAL AID AND ASSISTANCE PROGRAMS To the extent practicable, Members of this Agreement shall participate in Mutual Aid and Assistance activities conducted under the State of Vermont Intrastate Mutual Aid and Assistance Program and the Interstate Emergency Management Assistance Compact(EMAC). Members may - 8— *This program and Agreement is developed to address National Incident Management System(NIMS)requirements, assuring eligibility for federal grants through the Department of Homeland Security, or FEMA cost reimbursements. Also,the Agreement is designed to be consistent with the requirements of the Emergency Management Assistance Compact(EMAC)should Vermont's Mutual Aid Program evolve into an Interstate status. Vermont Intrastate Mutual Aid and Assistance Agreement For Water and Waste Water Utilities* March 18, 2008 voluntarily agree to participate in an interstate Mutual Aid and Assistance Program for water and wastewater utilities through this Agreement if such a Program were established. Now, therefore in consideration of the covenants and obligations set forth in this Agreement, the Water and Wastewater Utility listed here manifests its intent to be a Member of the Intrastate Mutual Aid and Assistance Program for Water and Wastewater Utilities by executing this Agreement on this day of 2008. Water/Wastewater Utility: By: Please Print Name: By: Please Print Name: *This program and Agreement is developed to address National Incident Management System(NIMS)requirements, assuring eligibility for federal grants through the Department of Homeland Security,or FEMA cost reimbursements. Also,the Agreement is designed to be consistent with the requirements of the Emergency Management Assistance Compact(EMAC)should Vermont's Mutual Aid Program evolve into an Interstate status. Vermont Intrastate Mutual Aid and Assistance Agreement For Water and Waste Water Utilities* March 18, 2008 VT WARN Member Contact Data Member Utility Name: System ID #: WSID#: PWSID#: Address: Phone Number: County located in: Contact#1 Name: Title: Office Phone#: Mobile Phone#: Pager#: Email address: Contact#2 Name: Title: Office Phone#: Mobile Phone#: Pager#: Email address: 7 , Contact#3 Name: Title: Office Phone#: Mobile Phone#: Pager#: Email address: - 10 — *This program and Agreement is developed to address National Incident Management System(NIMS)requirements, assuring eligibility for federal grants through the Department of Homeland Security,or FEMA cost reimbursements. Also,the Agreement is designed to be consistent with the requirements of the Emergency Management Assistance Compact(EMAC)should Vermont's Mutual Aid Program evolve into an Interstate status. City of South Burlington ' A l � 1 iVI 575 DORSET STREET �t n� U��I'-tis, SOUTH BURLINGTON VERMONT 05403 TEL. (802) 846-4107 '�''>�� •`b FAX (802) 846-4101 �'�'� CITY MANAGER QyFa�TOWN M'ap� CHARLES E. HAFTER To The Other Paper: On May 20`h, the voters of South Burlington will have a unique opportunity to grow the essential first responder service of our City's Fire Department in a cost-effective way so that the Department can better meet the needs of our growing city. We urge voters to join with us to vote"Yes" on Question 3 on our ballot to approve the City's acceptance of a federal Department of Homeland Security "SAFER" grant, to use a small portion of our sales taxes revenue to support our Fire Department the next nine years, and to use a gradually increasing but small amount of property taxes (never exceeding roughly 1.3 cents per $100 assessed value) over that same period in order to allow us to add 6 firefighters immediately to our force of first responders. Our City's growth is outstripping our Fire Department's ability to provide effective service to our growing population in a manner that is safe for our residents and for our firefighters. We have witnessed first hand how challenging the current structure is for our Department. It seems that every time a call comes in, within minutes a second call occurs. Our current shifts only allow for two firefighters per fire truck at Dorset Street and Shelburne Road. If we approve this budget program your City Council has brought forward for your approval, we can increase that to three firefighters per fire truck. The current staffing is not adequate for our City of 17,243, a great many of whom are senior citizens. In addition to responding to calls from our residents, our Fire Department must also deal with emergencies on the nearby highway, in our stores and on our local roads. They must care for the residents of the City and for our visitors. Current staffing does not allow for the Department to respond in a way that is healthy or safe for the Department members. Imagine the following scenario. The firefighters are asked to respond to a fire alarm at a multiple family dwelling, while simultaneously a person calls complaining of chest pains. The two firefighters at the fire call must carry about a hundred pounds of equipment in and out of the structure while waiting for additional help to arrive. Now imagine this happening two or three times in a morning. We are overworking the members of our Fire Department and, in as sense, taking advantage of their devotion to duty. We can improve this situation without"breaking the bank." The payment plan developed by the City Manager and approved by the City Council by a unanimous 5 —0 SBNCP08 April 21, 2008 "The airport will annually provide a prospective proposal for land acquisition under the NCP that conforms with the voluntary intent to participate by individual property owners and the land-use plan developed and agreed to by the airport and the City of South Burlington. The airport will defer to the City concerning objections to elements of the proposal as submitted". Progress on Study • The airport is proposing to treat the land that remains from the removal of homes on Picard Circle with a combination of natural plantings and constructed natural barriers (berms) etc. as soon as the homes are removed. The airport will employ the services of a landscape architect to produce a specific plan for the property. This work should be completed within a maximum timeline of 60 days. • A proposal has been made to the FAA to include the land-use study for the NCP program as an element of the Airport Master Plan. This is likely to be approved making the study eligible for 95%federal funding on July 1, 2008. • On May 5, the Master Plan consultant, Campbell and Paris, will visit the airport to begin the Master Planning process and will be briefed on the need for the land use plan and the desire of the airport and the city to make this an early deliverable. The City will be advised of the timing of the discussion of the land-use planning component so that a representative can attend the meeting. • We are considering a 6 month time frame for the land use planning process and a completion time before the end of the calendar year, 2008. This will be a public process and the results will be presented to the City of South Burlington Planning Commission and City Council. • The City of South Burlington will be invited to participate fully in the land-use planning component to whatever extent it considers appropriate including the establishment of an advisory committee.. vote will allow the City to add 6 firefighters immediately at a reasonable cost to the taxpayers of the City. Here's how it works in a nutshell. We can use the city funds to leverage to acquire the $682,000 federal grant. The payment program takes place from the year 2008 —2009 through 2017—2018. During that period we begin by using about $75,000 of sales tax (out of more than $1.5 million annually we collect now). The most sales tax we project to use is $141,888 in 2012 — 2013. From 2009—2010 to 2017—2018, we also will use a small amount of property tax. This begins at two-tenths of a cent per $100 of value - -this is a bill of$6 for a $300,000 home. In 2017-2018 this rises to 1.3 cents per$100 of value or $39 for a $300,000 home. And that is it! We are able to accomplish this because of the SAFER grant offered by the federal government to enable cities like ours to grow their first responder forces in an efficient manner. One complaint of government in general (at the local, state and federal level) is that it does not plan ahead. This budget item represents sensible and careful planning. By judicious usage of a small portion of our sales tax and small increments of our property tax, we are able to grow our Fire Department to a size that is proportionate and appropriate to our City. We believe this fairly serves both our residents and our first responders. Please vote"YES" on Question 3 on May 20. Chris Smith, on behalf of the South Burlington City Council Council Chair