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HomeMy WebLinkAboutAgenda - City Council - 12/07/2009 64 AA south ,r, '— Charles E. Hafter, City Manager AGENDA SOUTH BURLINGTON CITY COUNCIL CITY RALL CONFERENCE ROOM 575 Dorset Street SOUTH BURLINGTON, VERMONT Regular Meeting 7:00pm Monday Dec. 7 . 2009 1) Comments and Questions from the public (not related to the Agenda). 2) Announcements and City Manager's Report. * 3) Consideration of items related to purchase of 19 Gregory Dr: 1. Consideration of approval of Declaration for 19 Gregory Drive, A Condominium 2. Consideration of approval of Fit-Up Agreement 3. Consideration of $7,200,000 Bond Anticipation Note for the purchase and renovation of 19 Gregory Drive * 4) 158 FW's Security Improvements-Relocation of National Guard Avenue; Adam T. Rice, P.E., Lt Col, VTANG * 5) Public Hearing on proposed Amendments to the Land Development Regulations; Request to continue hearing to next meeting. * 6) Discussion of draft ballot item permitting use of existing Open Space levy for stewardship expenses * 7) Consideration for Capital Equipment Refunding Notes for the Department of Public Works. * 8) Review and approve minutes from regular & special meetings held Nov16 & 23, 2009. 9) Sign disbursement orders * 10) Consider entering into executive session to discuss contract negotiations 11) Adjourn Respectfully Submitted: C_D Charles Hafter, City Manager 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com south II.AirloTton Charles E. Hefter, City Manager December 4, 2009 Chair and City Council South Burlington, VT 05403 Re: 158 FW's Security Improvements- Relocation of National Guard Avenue; Adam T. Rice, P.E., Lt Col, VTANG To All Members: Officers of the Vermont Air Guard will be present to discuss the proposed relocation of National Guard Avenue for security reasons. The Air Guard has finished their extensive environmental work and has chosen a preferred alternative realignment. The Air Guard has allowed the City to work closely in this process and we agree that the preferred alignment is the best option. We also agree that the work is necessary for security reasons and will be a net benefit to the City. The City staff has consistently reminded the Air Guard that a dangerous situation exists at the corner of Airport Parkway/Ethan Allen Drive/and Shamrock Road. The federal government built the Helicopter repair facility without making any improvements to the intersection, something any private developer would have been required to do. The Air Guard expects to eventually undertake more development work than just realign the road and we would, once again,require any private developer to fix this intersection as a condition of their project approval. In another matter,though less important,the City would like to have the Air Guard surface Poor Farm Road past the relocated road as traffic will increase. The response of the Air Guard has been consistent,that the project funds only apply to their specific project and that they cannot be used off-site. While the Air Guard does not formally need development approval for this project,they do want the City to accept ownership of the new road. Please note the Air Guard traffic study is from 2005,prior to the Helicopter facility being occupied. How far to pursue the interest in South Burlington's safety project is a Council matter. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com It does strike staff as ironic that in every development project related to the Airport, on either side of the property, we are always told that there will be no new traffic as a result of any development. Yet,traffic increases. We appreciate the Air Guard's willingness to brief the Council and work with the local community. We have had excellent relations and I am sure they will continue. Chuck Hafter City Manager I DEPARTMENT OF THE AIR FORCE AT F 158TH FIGHTER WING (ACC) rott\INS ' � SOUTH BURLINGTON VERMONT B�174TE5 OF n° 03 December 2009 Colonel Douglas E. Fick Commander, 158th Fighter Wing Vermont Air National Guard 105 NCO Drive South Burlington, VT 05403-5873 Mark L. Boucher, Chairman City Council City of South Burlington 575 Dorset Street South Burlington, VT 05403 Dear Mr. Boucher The Vermont Air National Guard(VTANG)and the 158th Fighter Wing(158 FW)in So Burlington Vermont are proposing security improvements to our installation. A Draft Environmental Impact Statement(EIS) is ongoing and analyzes the potential environmental impacts associated with realignment of a portion of National Guard Avenue and construction of a new Main Gate, as well as other associated projects, at the Fighter Wing. The City of South Burlington has been consistently supportive of the military and of 158 FW. This community helped foster the development of the VTANG as well as the 158 FW over the years. This support is and has been deeply appreciated. Like you, our members live and work in this community and care about its future. Forty one of our current, as well as many retired,members are South Burlington residents. We are all part of this community. As an organization,we provide mutual aid and training to fire,police,bomb squads and emergency medical technicians. With over 300 annual emergency responses,more than 3/4 are for off base mutual aid,ranging from structural fires,to automobile accidents to medical calls from nearby residential areas. We work with local, state and federal law enforcement organizations to share intelligence on illegal drug and alien activity along our Canadian border. Beyond our federal wartime mission, we are prepared to assist all communities in Vermont at the direction of the Governor,to recover from natural disasters,pandemic emergencies, civil unrest and attacks on the homeland. We are a significant economic contributer for the community,with over$53 million in payrolls for fiscal year 2009, and nearly$20 million in purchases, construction and maintenance, hotels,meals and other non-payroll expenditures. We are environmental stewards of our installation and what we have impacted, taking responsibility and positive steps to restore the installation and surrounding areas and clean up pollution from past practices that are no longer acceptable. In short, we are here for our community in many ways. Specific to the project: The newly proposed construction includes realignment of National Guard Avenue; construction of a new Main Gate; Security Forces facility and Security Forces facility parking lot; and, construction of an internal roadway loop that would service the Petroleum, Oils, and Lubricants (POL)portion of the installation. The proposed project remedies findings in vulnerability assessments specific to the 158 Fighter Wing installation. By implementing the preferred alternative,mission-critical resources and personnel would be better protected from potential external threats. The proposed action would also enhance ground safety in general and overall efficiency of operations at the installation in support of the 158 Fighter Wing mission. This alternative could potentially impact sensitive buried cultural resources. The potential impact is being addressed in the EIS process and through consultation with affected State and Federal agencies and the interested Native American tribes. If approved,the proposed action would take place over the next several years. With regard to unit operations and employment levels, for the implementation of the Proposed Action there would be no change in aircraft, aircraft flying hours, or unit staffing levels. It should be noted,the preferred alternative would improve the safety of the roadway by: 1) eliminating the 90 degree curve on the existing National Guard Avenue as it has been cited as a causal or related effect contributing to vehicle mishaps in that area, 2) eliminating the 90 degree curve would also reduce the potential for a vehicle breaching the installation perimeter fence in that area, 3) eliminating safety concerns to drivers and pedestrians in the area associated with vehicle mishaps as a result of stacked vehicles and limited visibility approaching the existing Main Gate, and 4)reducing the potential for vehicle mishaps involving hazardous material as POL trucks would no longer access the POL facility via NCO Drive, and therefore would not be at risk on the steep incline during inclement weather. We have worked closely with your former Public Works Director, Mr. Bruce Hoar,.on the preliminary design. The proposed road relocation will comply with your construction standards to include bike lanes. Mr. Hoar states our project will increase traffic through the existing intersection of Lime Kiln Road,Airport Parkway,Ethan Allen Drive and National Guard Road. We respectfully disagree. A traffic analysis prepared by Lamoureux and Dickinson Consulting Engineers in August 2005, attached, states that"given the low traffic volumes on National Guard Avenue,the analyses indicate the proposed road will have sufficient capacity following relocation." The analysis recommends only minor improvements to site distance by cutting down vegetation and side slopes and relocating a stop sign at the intersection of National Guard Avenue and Mountian View Boulevard. There was no indication that improving this section of National Guard Road would increase traffic or impact the intersection of Lime Kiln Road,Airport Parkway, Ethan Allen Drive, and National Guard Road. While we agree there are improvements needed to a poorly designed intersection, we do not agree that this project adds to that problem. The VTANG is not able to address that intersection as part of this project. Furthermore, we are unable to contribute to paving of the gravel section of National Guard Avenue to the Williston Town line beyond our project limits. A federal legal interest is required to authorize and appropriate military construction funds for a project. We do not have that legal interest, therefore, it would be illegal for us to provide funds. We do acknowledge there is a section of National Guard Avenue for which the City does not have adequate legal right-of-way. We will assist in any way we can in bringing the parties together to rectify this,however, it is and has been a matter between Shelburne Shipyard (the owner) and the City of South Burlington to resolve legally. Your support of this project is critical to the future of the Vermont Air National Guard and its mission. We respectfully request the City Council approve the VTANG's preferred alternative on its merits,without conditions by which we cannot legally abide. I look forward to discussing this further on 7 December at your Council Meeting. Sincerely, /9 DOU AS •. FICK, Colonel, VTANG 158 ' C. ander Enclosures 1. Site map of alternatives considered 2. Traffic Study by Lamoureux and Dickinson Lanioureeu x Dickinson 14 Morse Drive Engineer , Mc, Tel(802)878-4450 Fax(802)878.3135 Essex Junction,VT't554 2 Email:mail@LDengineer ng August 17,2005, Mike Burke,P.E. Krebs&Lansing 161 Main Street Colchester,VT 05446 RE: National Guard Avenue South Burlington, Vermont Dear Mike: As requested our office has completed a traffic impact analysis for the proposed realignment of National Guard Avenue and relocation of the Vermont Air National Guard(YTANG)entrance. Background Traffic Volumes Turning movement counts were completed on May 17,2005 from 3 p.m.-6 p.m.and May 18,2005 from 7a.m.-9 a.m.. A copy of the observed peak hour volumes is attached. Capacity Analyses For traffic studies such as this,the design hour volume of the highway is used to determine its capacity and corresponding level of service. The design hour volume(DHV) is defined as the 30th highest hour of traffic volumes which occur annually. Data from VTrans CTC station D-040 in Colchester was used to factor the data to a design hour volume. The methodology used to evaluate traffic congestion is outlined in the Highway Capacity Manual' (HCM). The HCM uses"level of service"to define traffic congestion. There are six levels of service, ranging from A to F,with A being little or no delay and F being unacceptable delay. The existing intersection is a two-way stop controlled intersection. Capacity analyses show levels of service in the A to B range for all approaches at the existing National Guard Avenue/NCO Drive/Country Club Road intersection for the year 2011. Converting this 4-way intersection to two 3-way intersections can only provide an improvement to a 4-way intersection that is already experiencing an excellent level of service. Highiuty Capactr Mvtuz4 Transportation Research Board, 1997 Civil Environmental Transportation Planning Landscape Architecture Land Surveying • Mike Burke, P.E. August 17,2005 Page 2 Currently there is a stop sign for vehicles traveling westbound on.National Guard Avenue at the intersection of Mountain View Boulevard. Given the change in traffic patterns resulting from relocation of the VTANG entrance, this,stop sign should be relocated to the Mountain View Boulevard approach of that intersection. Intersection Sight Distances The existing speed limit on National Guard Avenue is 25 mph. We recommend designing the new National Guard Avenue.VTANG intersection for a speed of 35 mph, which requires a minimum intersection sight distance of 390 ft. Sight distance limiting factors at the proposed intersection are likely to be vegetation and possible side slopes along the south side of the road. Summary The above information has been provided to form an opinion of the potential traffic impacts resulting from relocation of National Guard Avenue and relocation of the VTANG entrance. Given the low traffic volumes on National Guard Avenue,the analyses indicate the proposed road will have sufficient capacity following relocation. We recommend that vegetation and any side slopes along the south side of National Guard Avenue be cut back to provide a minimum intersection sight distance of 390 ft. We further recommend that the stop sign on National Guard Avenue at the Mountain View Boulevard intersection be relocated to the Mountain View Boulevard approach. With proper sight distances, geometries, lighting and traffic control devices(stop signs,pavement markings,etc),there is no reason to believe that the new relocated National Guard Avenue and the new National Guard Avenue-/VTANG intersection would experience safety problems. Should you have arty questions or if we may be of additional assistance,please contact our office. Sincerely, Patricia Coburn,P.E. t.2005,4104I\.Bake 8 1505:wpd 3 � j)1F5j '4. fix, I :; ')iIt{` t i'1 ie(11 Turning Movement Count Raw Data National Guard Avenue Relocation AM Peak Hour(7:00-8:00) May 18, 2005 Country Club Drive 34 1 0 le 4, NI 4 71 1 National Guard Avenue 26 4. 4 53 National Guard Avenue 95 Si 18 ft ell PI 12 0 3 NCO Drive PM Peak Hour(3:45-4:45) May 17,2005 Country Club Drive 18 1 1 W 41 28 National Guard Avenue 48 4 +. 32 National Guard Avenue 15 Si 0 21 I 162 1 17 NCO Drive f . f '""' -, co ti 0 y s ,, -.ilf itithwip.1111:' ,,,..*.V.7- 1,7:--'' #40 A di4 ,„ , . , 414 : ,.: - ,,-.. ..,_.:,,,....t, ,3.-,.:.,- .ria.....pir' 0., ,,,,_, , ' '(1 171 '1 fl,Ilk ./-4 tiel.-}.=7; , ',4'., ,'.. s.,P. tt§P 4 0 i it i§. -°, i , )c,_., . , \ 1, t i ...t7.4y00,11:4"\ -'--'1,Al" ';',14', -, ''' 1. I/ ilp 3,, , \* 3 i . s. I. ' - . ... I/ t 1 P l r *I9I (/. � / r ° ir$ 31 ' 1 Yeli ; �i a t, ?d`I a Z \I 3 1►ono o � x a mO l 1 / m a ` , {f i t ! �`it g a ac q. D O `a Q1, 4 O a.a'' • � 1 �i .` /;1"I$ !-/la'! '° �\IlI - , /,,a" rs;k4i. cI.--z5 1i,( i„:I: I(' Ietg ,:.:, '--:-.::i4,t,'.-.‘:f,,„,/l_ofS".,,„'4 n 1N rti, t c.. t k o Q c,e o m 1 ti �N a 044 II itiroovoft* SOUthbUrlingtOn Charles E. Hatter, City Manager December 4, 2009 Chair and City Council South Burlington, VT 05403 • Re: Discussion of draft item to permit use of existing Open Space levy for stewardship expenses To All Members: To help move the conversation forward, I have drafted the proposed language regarding the use of Open Space tax levy funds for stewardship purposes. If Council can agree on language we can begin the formal process to include this on the March ballot. A public hearing will be necessary. Use of Funds Shall the City Council have the authority to appropriate, on an annual-basis, up to 5% of the existing Open Space property tax levy for stewardship (maintenance and conservation activities) on City owned open space in South Burlington? Please discuss. Sincerely, Chuck Halter City Manager 575 Dorset Street South. Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com MEMORANDUM EXECUTIVE SESSION To: Chair and City Council From: Chuck Hafter, City Manageie, Re: Consider entering into executive session to discuss contract negotiations The Water Pollution Control Association and the City Hall/Public Works Department Association have ratified the proposed two-year contracts negotiated between the City and their Associations. The contracts will run from July 1, 2009 until June 30, 2011. I will bring these contracts to you for approval on Monday night. Unfortunately,the Associations just ratified the agreements on Thursday night(City HallfPW)or this morning(WPC) so I do not have final copies yet. There are not many significant changes to the contracts this year; I will have copies for you to review in executive session. If you are not comfortable approving them at that time,there is no real harm in waiting until the next meeting (except our employees would like their retro's before Christmas if possible.) I do recommend the Council approve these contracts and they are in line with our budget projections. I expect to have the Fire Association to you very shortly. All three contracts will have the same salary increases (1.375%) and benefits. The Police contract is not up until next year. INISTRATIVE OFFICER'S ABM REPORT ��N er 2009 ��N COST mb �cT ,aôS11V° a 670,44 �' 6 � units �141 000 $650, S amity Delhi n l4 units) $166,960 p 12 Singlefamily Dwelling & Plterat\ons $11 600 4 No l Pddit�ons $900 1 'Residential es`dent�a Non-Residential Budding s & Plterat�ons $10 000 Shed 0 12 Non-RRees`dent�ai Pdd't�o 4g�i'2�6 1 Non �3,2Z 10 Fences 1 Demoiit�on 1 Non.C arable 35,g82 3 YTD t247 20aa ' COS"( � G�NS�RVG�Io�39,00 a ov ember 2008 $4,g gp'S5 0 N 6 ns & Piteratlons � RMITS sident�al Pa alto & pJterat`ons �5,�g2'�00 P4 Non-Rest aenntlal Pdd�twns 2 Non-Res 7 Sheds �54�13 4 8 Al 2008 bleb $50,936,08 ` Saxa Sub �t d, Resp fu1 -._,. aymon d J. Belau drninistrafive O �cer P v L s 44, south PLANNING & ZONING MEMORANDUM TO: South Burlington City Council & City Manager FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Draft Land Development Regulations Approved by Planning Commission DATE: November 2, 2009 City Council meeting The Planning Commission voted on September 29`h to approve a series of amendments to the Land Development Regulations and forward them to the City Council for consideration. The amendments consist of a number of disparate items that had been collected over the course of the past year. The vote by the planning commission to approve the amendments was unanimous on all items. Below is a brief description of each of the proposed amendments. The letters correspond to each of the items in the enclosed draft amendment. Attached as well is a brief summary report describing the relationship between the proposed amendments and the City's Comprehensive Plan, as required by State law. I recommend the City Council proceed by holding a Public Hearing to consider the adoption of these amendments. A. Bartlett Bay Stormwater Overlay District Boundary This amendment to the Overlay District Map would adjust the Bartlett Bay Stormwater Overlay District to better reflect the actual hydrology and topography of the area. Last fall, we enacted a series of changes to our Stormwater Management regulations, encouraging Low Impact Development Techniques and requiring greater analysis of current and anticipated water flow. The map amendment would complement these changes. B. Design Review Overlay District Boundaries This amendment to the Overlay District Map would resolve an inconsistency between the underlying "Central" zoning districts and the design review overlays. Over the years, the City has made a series of amendments to the Central District map, but we have not matched those amendments with adjustments to the Design Overlay. The result is that several parcels zoned "Central" are not subject to Design Review. These map amendments would ensure that all areas zoned "central" would also be subject to design review criteria that were established for each of the central districts. The proposed 1 amendments also include an exemption for all properties less than 15,000 square feet in size, and for municipally operated educational facilities. These exemptions would allow single family home owners, and the School District, to make additions/renovations without being subject to design review. However, if and when redevelopment takes place in the area, new projects would be subject to this review. � C. Homes in the SEQ-Natural Resource Protection fkfk75 te.�iewtt rCI -H 7 This amendment would clarify that a property in the SEQ-NRP district that is less than 15 acres in size (and which has not been subdivided since 1992) may have one house built upon it. This has been our interpretation of the regulations since their adoption back in 2006, but the language could be far clearer. It also states that an existing house in the SEQ-NRP may be replaced, either on the same footprint or in a less-intrusive area on the property. This is not at all clear under the current regulations. D. Location of Parking on a parcel ML ( �13e-tfJ A CO-( -r 4 p St.bt 6i In light of the Supreme Court's decision onJAM Golf last year, whi h struck certaiii g P elements of our old regulations due to a lack of"specific standards", we've been going through the LDRs to identify similar problems. This proposed amendment gives the DRB more specific standards to apply in determining when an exception can be made to the requirement that parking be placed to the side or rear of buildings. Furthermore, it limits the amount of parking that can be placed to the sides of a building where there are multiple buildings on a lot, to implement the City's goal of fostering greater pedestrian activity and having buildings, not parking, be the primary activity along roads. E. Parking Standards for Assisted Living This amendment would create a separate parking standard for "Assisted Living" Facility. The term is clearly and separately defined in the Definitions chapter of the LDRs, but under the parking standards chapter, it is coupled together with "Congregate Housing." The principal difference between these uses is the fact that Assisted Living Facilities receive licensure from the State of Vermont as care facilities. Typically, residents in these types of facilities do not have vehicles of their own. Based upon research from the Institute of Traffic Engineers "Parking Generation" manual, and a survey completed of an Assisted Living Facility in Shelburne, a parking standard of 0.6 parking spaces per dwelling unit of Assisted Living, rather than the 1.2 spaces per unit plus 1 space for every 4 units that is used for Congregate Housing is recommended. The end result of this change will be to ensure that we do not require areas to be created for parking. F. New use: Pet Grooming The amendment would create a new use that recognizes that pet grooming is a separate use from pet day cares and kennels. Pet grooming has no medium or long-term accommodations and no outdoor exercise areas. The use would be permitted where other service-type uses, such as barber shops, are permitted. G. Outdoor Exercise Areas for Animals This amendment would attach standards for the design and operation of outdoor exercise areas for commercial pet day cares and kennels, establishing hours of use for the exercise areas as well as screening requirements. 2 H. Gated driveways and roads This amendment would ensure that no driveways serving more than one dwelling unit, or public/private roads be gated. We have not had much trouble with this in the past, but in the interest of public safety and overall community benefit, this would be a positive pre-emptive step to make sure we do not have issues in the future. I. Outdoor Storage and Display This amendment would clarify the difference between outdoor storage and outdoor display, with accompanying definitions. J. Accessory Structures This amendment would permit accessory structure of up to 25' in height where the structure is located at least 30' from all property lines, he structure has a pitched roof, and the subject property is at least one (1) acre in size. Where the accessory structure is proposed to be taller than the principal structure, it would be subject to conditional use review. It would also allow accessory structures to be heated, an unenforceable prohibition under the current regulations. The purpose of this amendment is to allow for some greater flexibility for property owners in limited circumstances. K. Structures in the Residential 4 District This amendment would clarify that no structure in the R4 district may contain more than 4 dwelling units. At present, there are no limitations on the number of housing units in a structure in this district, only a maximum number of units per acre (4, plus any affordability bonus). I expect we will be looking at the standards for this district as a whole in greater depth in the near future, but this is a minor amendment that is worth pursuing in the short term. L. Exterior Lighting The proposed amendment clarifies that energy efficient lighting is permitted and encouraged. M. Self-Storage in the Commercial-Industrial District This amendment would permit self storage facilities in the CI district, but ONLY as an accessory use and not occupying more than 20% of the gross floor area of the principal use. In addition, the self storage units would need to be accessed via an internal entrance and would only be accessible during business hours with an employee on site. N. Child Care Facilities This amendment would require child care homes serving more than six full-time students to be subject to site plan review. Last fall, when we amended the LDRs with respect to child care homes and facilities, the PC had towards the end of the process decided that it would be preferable to have child care homes be subject to site plan review. The Council adopted the amendments without this change, but asked that the change be re-submitted. 3 ^ 7 O. Minor Lot Line Adjustments This amendment would allow adjustments to parcel boundaries to be approved administratively, so long as there are no new lots created, no non-conformities are created, and prior municipal approvals are not violated. At present, all lot line adjustments must be reviewed by the Development Review Board. P. Additional Technical Corrections • May Not versus Shall Not: Staff has reviewed the LDRs and identified all of the places where the word "may not" is used when it really was intended to be "shall not." For example, "Dead end streets may shall not exceed 200 feet in length." By making these fixes, we "may" avoid unnecessary legal problems in the future. (note: in some cases, the language is part of a `regulating plan' which is recommendation rather than a requirement. However, changing "may not" to "shall not" remains an important clarification. • Outdoor Storage vs. Outside Storage. At present, our regulations refer to both outdoor and outside storage. Staff proposes the LDRs be clarified by only using the term "outdoor storage," which is defined. • Free-Standing Signs. The amendment removes the requirement that free-standing sign locations be shown on site plans. This change is at the request of our attorneys, who have advised us to keep this separate because signs are subject to a completely separate city ordinance. • Affordable Housing: The amendment clarifies unclear language regarding the number of units that need to be affordable where there is an uneven number of units proposed. • Off-Street Parking: The amendment clarifies that the DRB may apply a 25% parking waiver to both public and private parking facilities. • Retaining Walls. The amendment classifies retaining walls as separate from other `accessory structures.' As accessory structures, they could not be placed in the front yard and were limited in number. Retaining walls over 8' in height would require an engineer's evaluation. • Animal hospital/veterinary hospital. This amendment clarifies the terms used in the regulations. 4 201 0 VLCT ,,,.„,...„.... Z .0 ..0. .... ,. r ,Ft- . 0, / 1 m'a t „,,...2: r- a .... 1 XI A t , t o P3 li I.-iii-- 1 F.4 I I l m v* �#� *5 V) :i ..-.----- ...-r.,::,,:ily.41.(14-%,4,-.., T - •- );_ ,;.-'' Published by the t- VERMONT LEAGUE OF a _ 4 CITIES AND TOWNS ' f,.�,- Serving and Strengthening Vermont Local Governments =.,._ PREAMBLE Federal, state, and local levels of government must cooperate in order to deliver services effectively and efficiently. Local governments need sufficient revenues to provide essential services to their citizens. Local governments are able to fulfill their responsibilities when state and federal laws, policies and programs allow municipalities to solve their problems and meet their needs. Local governments must be given the authority necessary to govern.To these ends the federal and state governments must: • fund mandates; • reverse the trend of pre-empting local government actions; • assure that local government may enact innovative legislative measures without seeking state legislative approval; • halt the shift of requirements and unfunded mandates to the local level as a result of changing federal and state priorities and declining budgets; • guarantee transparency in state and federal revenue raising and expenditure practices; and • provide all municipalities the opportunity to raise revenues from sources other than the municipal property tax. We who administer, legislate, and raise revenues at the local level believe that our service to the citizenry is most in tune with the needs of the community because we are accessible. • 2010 VLCT MUNICIPAL POLICY PRIORITIES r�,�iy �'�� -0."Y�F L �4 �� / .,,, 4 ^+sue , f j - - 4 We ask that the Vermont Legislature and state government, as well as the Vermont Congressional delegation,join with the Vermont League of Cities and Towns to strengthen and streamline the administrative, fiscal, and policy relationship among the three levels of government. Where this Municipal Policy is silent on a public policy issue affecting municipal government, it shall be the position of the Vermont League of Cities and Towns to support provision of authority, autonomy, and resources to cities and towns. In all their actions, the Congress, state legislature and administration must assure that neither their obligations nor budget shortfalls are shifted to local governments. J r; a i .;.--- 1 ,,2 III • ;4 • y4 tr.'a'ay•ikt.. t Please visit www.vlct.org to view the 2010 VLCT Municipal Policy in its entirety. 2010 VLCT MUNICIPAL POLICY PRIORITIES 1 LEGISLATIVE PRIORITIES I z _ y`ate .F.:.. y`W .e,...L •r I'�. r tig r. 4 4 1 Local governments are partners with the state and nation- al governments in providing for the welfare of Vermont cit- izens. Neither the state nor national government has the wherewithal to provide all services that communities and their inhabitants need in the 21st century. In this stressed economy, local government officials need to be equal part- ners when decisions are made that affect the future effective- ness and viability of all Vermonters and their government. Recognizing the difficulties inherent in the worst national economy in eighty years and the overwhelming need to fos- ter a healthy Vermont economy and environment,VLCT calls on the Vermont Legislature and administration as well as our Congressional delegation to: ✓ Refrain from passing unfunded mandates.Any obliga- tion imposed on local governments should be accompa- nied by sustainable state funding. ✓ Provide local governments the authority and flexibility to enact creative and cost effective solutions,such as lo- cal option taxes,to local problems. ✓ Maintain the General Fund as the source of funding for the teachers retirement program. ✓ Maintain Town Highway Aid payments for funding the successful Class 2 and Town Highway Structures grant programs. 2 2010 VLCT MUNICIPAL POLICY PRIORITIES ✓ Eliminate transfer of Transportation Fund dollars to the General Fund. ✓ Reduce Medicaid cost shifts and refrain from merging association and individual insurance markets until the federal government delivers a quality, affordable, and accessible health care option. ✓ Meet state obligations to provide full staffing of De- partment of Corrections parole and probation officers to insure the public safety. ✓ Provide local government officials the authority, incen- tives and financial resources to manage growth and land use within their municipalities' borders. ✓ Provide for significantly greater local management of transportation projects. ✓ Provide local governments the authority and funding to implement provisions of the Clean Water Act through locally appropriate watershed plans, stormwater man- agement provisions and bylaws. ✓ Give municipalities the authority and technical support to implement local alternative energy initiatives. 201 0 VLCT MUNICIPAL POLICY PRIORITIES 3 ABOUT THE LEAGUE Founded in 1967, the Vermont League of Cities and Towns (VLCT) is a voluntary membership organization that pro- vides services to Vermont's municipalities.All 246 cities and towns in Vermont are currently members,as are an addition- al 147 associate member villages,counties, regional planning agencies and housing authorities. VLCT offers a variety of services to members, including mu- nicipal assistance,group insurance programs, data and publi- cations,training and advocacy. VLCT BOARD OF DIRECTORS PRESIDENT Alison Kaiser Sanford Miller Town Clerk, Stowe Manager, Milton Honorable Bob Kiss VICE-PRESIDENT Mayor, Burlington Hunter Rieseberg Manager, Hartford Tammy Legacy Town Clerk, Roxbury IMMEDIATE PAST PRESIDENT Bill Shepeluk Honorable Chris Louras Municipal Manager, Waterbury Mayor, Rutland City Jared Cadwell Eric Osgood Selectperson, Fayston Selectperson,Johnson William Fraser Bob Rusten City Manager, Montpelier Manager, Wilmington Sandra Harris Roland (Ted) Simmons Town Clerk, Vernon Selectboard Chair, Orwell 4 2010 VLCT MUNICIPAL POLICY PRIORITIES VLCT ADVOCACY STAFF STEVE JEFFREY, P EXECUTIVE DIRECTOR AND fi .��� I - �a SECRETARY TO THE BOARD g 1 Steve is in his 32nd year at r , -' VLCT. His areas of exper 'Y I use include tax policy, ed- A _,/t ucational issues that influ- ; ence municipal budgets,and 4. municipal self-governance. y`u_ _ , Email, sjeffrey@vlct.org. .."=-�" -"; KAREN HORN, _ DIRECTOR, PUBLIC h/ POLICY AND ADVOCACY Karen has worked on mu nicipal issues for VLCT for 23 years. Her areas of ex- pertise include environ- mental regulations (includ- ing stormwater),capital budgets, land use, employ- j ee/employer matters, trans- portation,and public safety. Email,khorn@vlct.org. r r' , DATES TO REMEMBER FEBRUARY 24, 2010 VLC;1 Local Government Day in the Legislature. OCTOBER 7, 2010 VLCT Town Fair and Annual Meeting. 2010 VLCT MUNICIPAL POLICY PRIORITIES 5 0 7-174 (,II fI VERMONT LEAGUE °F CITIES&TOWNS Serving and Strengthening Vermont Local Governments Tel.: (802) 229-9111 Fax: (802) 229-2211 Email: info@vlct.org Web: vwvw.vlct.org 89 Main Street, Suite 4, Montpelier, VT 05602-2948 • • 10 •• I { JOSEPNBLINDA /- N. 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O t I -1 bi I: - - t • - '^ Y/ ' _. of 91f * i t 1 t i t t ._._. i tf)i - { f 11 1" j ii x; Z� aiI! w rI t;. — _1 .- a)F�-ia I _.,,s :iNin I I • 11 to if a II I I x a I ii al �Ij ( I I '; ;:1 j • II I ! , If bI ,. ::= I al ilj y Yk Gk. .. 1 • "� CITY COUNCIL 16 NOVEMBER 2009 The South Burlington City Council held a regular meeting on Monday, 16 November 2009, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: M. Boucher, Chair; S. Dooley, M. Emery, J. Knapp Also Present: C. Hailer, City Manager; D. Gravelin, Assistant City Manager; P. Plumeau, B. Worthen, S. Dopp, B. Stuono, M. Young, L. Menendez, M. Ambusk, J. Caron 1. Comments & Questions from the Audience, not related to Agenda items: No issues were raised. 2. Announcements & City Manager's Report: Ms. Emery: Channel 17 has passed its budget. Preparations are underway for the first neighborhood forum which will take place in January. Ms. Dooley: On 3 November, Mr. Hailer, Mr. Conner& Ms. Dooley met with UVM people. The major priority UVM has is the third lane in front of Staples Plaza. Funding is also being sought for an off bound lane from I-89 (southbound) into the UVM parking lot at the Sheraton. Mr. Hailer noted that financing has not yet been discussed. Received a call from Jared Wood of Burlington who feels maintenance work needs to be done at Red Rocks Park. He also sent her an article regarding opportunities for funding for rec paths. Mr. Hailer: Distributed the proposed 2010-2011 city budget. The first work session will be on 23 November at 6:30 p.m., followed by a second session on 3 December, also at 6:30 p.m. There is no proposed tax increase except for the debt service for the new Police Station approved by the voters. Mr. Hafter is recommending using money from the local option sales tax reserve to address the $405,414 deficit. The total tax increase for an average home in South Burlington would be $10.00. The City Charter Committee will meet on 17 November, 5 p.m. to discuss 2 potential charter amendments. The Air Guard will meet tomorrow at the High School regarding relocation of Air Guard Road in order to get it away from all fuel tanks. The Steering Committee will meet on Thursday, 6 p.m., in the Middle School CITY COUNCIL 16 NOVEMBER 2009 PAGE 2 Library. VLCT will discuss its legislative priorities on 1 December, 9 a.m., at South Burlington City Hall. Mr. Boucher: The committee for hiring a new Public Works Superintendent met today. There are 6 or 8 viable candidates. Interview will be set up. The Purchase& Sales agreement for 19 Gregory Drive was signed last week. 3. Presentation of Dorset Park Natural Area (Calkins) Resource Inventory& Management Recommendations: Ms. Menendez reviewed the history of the LANDS Stewardship Program which involves projects using college students with experience in natural resource inventorying, mapping, etc. Ms. Menendez then showed a 1937 aerial photo of the Calkins area, showing the land which was then primarily used for farming. A 2004 aerial photo was very similar, but forest land has now expanded. To begin the project, the property was divided into 5 "management areas": 1. Core forest area(mostly sugar maples)with rich plant life 2. Peripheral forest area, more dense, scrubbier(cedars and buckthorn) 3. Shrub land - with lots of species 4. Grassland -prime visiting area for people 5. Wetlands - important for the filtering of storm water runoff One group focused on hydrology. Their recommendations include: careful monitoring and restriction on ATV use, monitoring phosphorus pollution levels, looking at areas of erosion and doing restorative work, if needed. Non-native species,mainly Hitchcock sedge, were identified. Recommendations for dealing with these species include creating a management plan and involving the community. Ms. Menendez indicated some high priority control areas where buckthorn is staring to encroach into sugar maple stands. Recommendations regarding wildlife (e.g.,birds,bees, etc.) include mowing and brush- hogging for grassland birds. CITY COUNCIL 16 NOVEMBER 2009 PAGE 3 Ms. Menendez said trails are a great way to navigate the property. The group suggests upgrading the trails map and providing educational signs. They also recommend removing hazards such as snags and not allowing trails through the wetlands. There are indications where people have forged their own trails. These don't seem to have had a negative impact. Other recommendations include an entrance/welcome sign, signs requesting people to stay on the trails, and a"carry-in/carry-out"policy for trash. They also feel there should be no bicycles on the property, but bikes should be allowed to go around the property. Mr. Conner said this was an amazing partnership. The City is looking at ways to implement many of the recommendations. He noted that one of the interns involved in the project grew up in South Burlington and now attends Mt. Holyoke. She was very excited to be studying property here. Ms. Ambusk also thanked the group for their work. She noted the area has gotten a lot of focus in recent years and the hope is to come up with a plan that will work for everyone. Mr. Hafter thanked the South Burlington Land Trust which helped to pay to make this a complete project. 4. Update on Airport Activities & Issues: Mr. Plumeau reported on Airport news including: 1. About a 10%decrease in the number of flights and enplanements from the previous year 2. A potential for additional flights to Florida,New York City and Washington, D.C. in the near term. There is also an effort to get flights back to Boston 3. Canadians comprise 30-40%of Airport customers The approximate location of the Living Wall was showed on an overhead photo. A potential Greyhound bus station and cell phone waiting area were also indicated. The design for the Living Wall has been finalized and the Act 250 permit was recently received. It has not yet gone out to bid and probably won't be built until next year. The Airport has FAA approval for 20 purchases of homes in this fiscal year. Four offers have been extended so far this year. They are awaiting FAA approval of FY 2011 funding. Regarding potential intercity Greyhound bus service, it was noted that there is a desire to provide express bus service to and from Montreal. Recent discussions with Greyhound CITY COUNCIL 16 NOVEMBER 2009 PAGE 4 have provided the opportunity to build on existing intercity bus service for expanded Montreal/Airport routes. Greyhound would move from its Pine St. location to the Airport. Mr. Boucher expressed concern about the "fit"of a bus station at the Airport from the point of view of traffic. Mr. Worthen felt this could mean less traffic into the Airport. He noted that the Airport did a survey of 400-500 Canadians at the Airport. 80% said they would be very interested in using the bus if it were competitive price-wise, had good scheduling, and got them right to the door. Ms. Dooley said she had no problem with Montreal service. She did have an issue with moving the bus station to the Airport. She noted that Greyhound has discontinued service to New York. Mr. Worthen felt it might mean fewer trip ends to the Airport. Mr. Boucher disagreed. Mr. Plumeau noted that the 4 other Airport Commissioners would like to move forward with this. It has not been discussed with the Burlington City Council as yet. Mr. Worthen noted that the Greyhound lease on Pine St. expires in April, and Greyhound will not be renewing it. Mr. Halter noted that a bus terminal would not be permitted in the Airport under South Burlington zoning. Mr. Conner said it would be allowed in other districts. Mr. Plumeau reviewed plans for the expansion of the Airport parking garage. The project will add two levels to accommodate existing demand and forecasted growth. A financing strategy is being worked on. The project is awaiting updated parking demand information. The next DRB hearing is scheduled for 1 December. Phased construction is being considered. Mr. Young noted that the proposed height of the garage is 70 feet which he felt was very out of character with the neighborhood. Mr. Conner suggested Mr. Young bring that concern to the DRB. Mr. Plumeau said several sites are being considered for the cell phone waiting area. This would allow people to wait in their cars for passengers flying into the Airport instead of having to continuously circle around. Mr. Plumeau also noted that stimulus money is being used to upgrade taxiways. Ms. Caron, a new South Burlington resident of Mayfair Park, said she is disappointed at CITY COUNCIL 16 NOVEMBER 2009 PAGE 5 the amount of Airport noise, especially late at night. She said the noise seems to be from propeller plans. Ms. Emery said there is a lot of engine testing at that time, and it needs to be reported to the Airport. Mr. Plumeau said there are almost no commercial operations from midnight to 5 a.m. The Air Guard is the only one who operates during night hours. Mr. Hafter added there are agreements that engines will not be run at 2 or 3 a.m. Mr. Worthen advised that Airport Management met with Tom Hubbard and the Dog Park Committee and have identified 2 potential areas for a dog park. 5. Consideration of Approval of Recommendation from the City Services Funding Committee on Allocation of Social Services Funding for FY2010: Ms. Dooley reported that last year's allocations were reduced by 15%. She noted that information was received from all who were funded in FY2009 as well as the"special needs" fund administered by the City Manager. Ms. Emery asked to restore the full amount to Women Helping Battered Women as more incidents occur during hard economic times. Ms. Dooley said funding was based on the amount of services in South Burlington. Mr. Young felt it was terrible to reduce any funding to the Food Shelf. Ms. Dooley then moved to approve the unanimous recommendation of the Social Services Funding Committee for FY2010. Mr. Knapp seconded. Motion passed 3-0 with Mr. Boucher abstaining. 6. Continued discussion on City Manager Selection Process: Mr. Halter distributed information from VLCT including a search timeline and proposed advertisement. He also gave members an enumeration of the City Manager's powers and duties as outlined in the City Charter. Members briefly discussed the make-up of the committee. 7. Review Development Review Board Agenda for meeting of 17 November 2009: No issues were raised. CITY COUNCIL 16 NOVEMBER 2009 PAGE 6 8. Review and Approve Minutes of 2 November 2009: It was noted that on p. 2, the resolution was presented to Mme. Louchart. On p. 6, paragraph 2, the first sentence should end with the words"regarding traffic among other things" Ms. Emery moved to approve the Minutes of 2 November as amended. Ms. Dooley seconded. Motion passed unanimously. 9. Sign Disbursement Orders: Disbursement Orders were signed. As there was no further business to come the Council, the meeting was adjourned at 9:25 p.m. Clerk CITY COUNCIL BUDGET WORK SESSION 23 NOVEMBER 2009 The South Burlington City Council held a budget work session on Monday,23 November 2009, at 6:30 p.m.,in the Conference Room, City Hall,575 Dorset St. Members Present: M. Boucher, Chair; S. Dooley, M. Emery, J. Knapp, F. Murray Also Present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; Chief D. Brent, Fire Department; B. Hoar, Public Works Superintendent; T. DiPietro, Stormwater Superintendent; J. Nadeau, CWD; M. Young 1. Budget Overview: Mr. Hafter said that he gave department heads guidelines that included no tax increase except for what voters had approved. Cuts were made mostly in the capital area. Mr. Hafter noted that this is not sustainable in the long run. Mr. Hafter also noted that some figures will be estimates because some entities (e.g., County Courthouse) are just starting on their budgeting process. In preparing a very tight budget, there are 3 options: A. Cut programs (Mr. Hafter said there will not be any large scale cuts without impacting essential city services) B. Cut personnel (some possible cuts have been identified and will be discussed in executive session. Mr. Hafter indicated that he did not recommend cutting personnel) C. Use some of the local option sales tax surplus - Mr. Hafter indicated that he recommended using approximately$400,000 of this money to offset any budget increase not approved by the voters. Mr. Hafter also noted that the city actual sales tax and rooms and meals tax receipts are over what was projected. The total increase in the operating budget is 2.85%. This includes the SAFER grant money approved by the voters. The budget as proposed does not include using any of the room &meals tax money for road paving. Mr. Hafter indicated that he does recommend doing this. Mr. Boucher said he was concerned that in the future, if sales tax money can't be used, the taxpayers will get"whacked." Mr. Hafter said that in the future, the economy will get better. The grand list is up only .66% this year, and that should improve. He felt this was a good year to use the sales tax reserve money. Mr. Hafter noted there is actually a 1.2% decrease in the health insurance costs; however, the budget is more because of underestimating last year. CITY COUNCIL BUDGET WORK SESSION 23 NOVEMBER 2009 PAGE 2 2. Budget Review by Department: A. City Council: There will be no increase in City Council salaries. Mr. Boucher noted the city doesn't budget any money to maintain city-owned natural areas. He recommended using money from the Open Space fund for that purpose and for some signage. He noted that voter approval would be required to do this. Other members felt this makes sense. B. City Manager: Salaries in the City Manager's budget have been decreased to reflect the new City Manager hire. C. Fire Department/Ambulance: Chief Brent distributed a graph showing emergency services provided since 2004. He noted that the more growth that occurs in the city, the more calls the Fire Department receives. The Chief also distributed a list of possible cuts and his recommendations in regard to those cuts. He explained the increase in costs, specifically the"outfitting"of a firefighter. Some of the Department's gear is near the end of its 10-year lifetime and cannot be certified after that time. This includes turn-out gear and breathing apparatuses. Mr. Hafter recommended going to the voters for this gear next year. Chief Brent then explained the capital expense budget, which includes payment for the newest fire truck. The Chief said his "supplemental"budget requests include funding for hose replacement. There are no hoses in reserve, and 3 trucks don't have minimum equipment. He showed some couplings and explained their problems. Chief Brent said he feels that as of 1 July 2010,they should begin the process to buy a new ambulance. The existing ambulance cost$54,000, and the Chief estimated they could get about$10,000 for it. Mr. Boucher questioned whether more money should be put into the reserve account. Mr. Murray noted that interest rates will probably be going up in the future. Chief Brent said he believes ambulance rates should go up a little. He will come back to the Council to discuss this. The Depaitment continues to enjoy a very good rate of CITY COUNCIL BUDGET WORKSHOP 23 NOVEMBER 2009 PAGE 3 payment from residents, insurance, and Medicare. Mr. Halter added that feedback from the public is also excellent. D. Public Works/Parks: Mr. Hafter and the Council thanked Mr. Hoar for his service to the city. Mr. Hoar indicated there are not a lot of changes to the proposed budget. He felt they are cut back as far as possible without affecting services. He stressed the need to add more funding to the paving program. Mr. Hoar felt the idea of a revenue fund for money to replace equipment is excellent. He stressed that their equipment is not cheap - a$60,000 truck that was purchased 5 years ago would now cost over$100,000. With regard to specific projects, Mr. Hoar noted that San Remo Drive is set to go to bid. The LED crossings will also go to bid and will be installed in the spring. Mr. Hoar then explained how utilities are charged for cutting into city roads. He stressed that at some point, you can't keep putting asphalt on top of asphalt. He cited Spear St. as an example of the need for more extensive work. E. Storm Water: Mr. DiPietro said the Storm Water budget has no increases. They do plan to apply for grants for specific projects. The capital budget includes a 1-ton truck(which was approved in 2008 but wasn't purchased). It also includes a scanner/copier for all of Public Works. Mr. DiPietro then reviewed specific projects. Mr. Halter noted that the Storm Water utility has the city so much ahead, and it was an excellent move to establish it. F. Water: Mr. Hailer reviewed the history of the city's Water Department. He said the current arrangement with CWD is very successful and has held down costs over the years. Mr. Nadeau said CWD serves all of Chittenden County except Burlington and Colchester Fire District#2. They have contracted with South Burlington since 1979. CITY COUNCIL BUDGET WORK SESSION 23 NOVEMBER 2009 PAGE 4 CWD maintains 945 hydrants in South Burlington as well as 5700 water meters and 95 miles of pipe. He indicated that the infrastructure is not getting any younger and represents only a very small percentage of the budget. This year, they will be directing money to replacement of the White St. water line. The estimated cost is $600,000 of which$300,000 will come from capital reserve. There is also an anticipated 3-4% increase in rates from CWD. Additional funds were added to hydrant replacement. Mr. Nadeau stressed that if infrastructure isn't maintained, it will fail. Under a new Vermont law, as of 1 January 2010, all service line brass must have no more than .25%lead. This will increase costs by 5-10%. Mr. Nadeau noted there are a record number of people who are not paying their water bills. Mr. Hafter directed attention to a chart comparing South Burlington's utility user rates to the rest of the county. He noted that South Burlington will be the cheapest by the end of the year. In looking at what might be cut in order to reduce the budget, Mr.Nadeau indicated: A. Hydrant replacement B. Distribution system replacement C. Water Meter replacement He did not recommend any of these. G. General Ledger, Payroll: Mr. Gravelin said the budget includes additional money for computer services (anti-virus protection, etc.). He noted that a new tape back-up is needed. Mr. Gravelin also indicated he the City and School District will be getting together to see if there are some services they can share. H.Assessing& Tax Department: Mr. Gravelin noted that reappraisal costs will be paid off the year after next. He also noted that the additional help in the Tax Department has worked out extremely well. CITY COUNCIL BUDGET WORK SESSION 23 NOVEMBER 2009 PAGE 5 Ms. Dooley suggested checking into the CCTV"clickable meeting agenda." She felt there will be a cost for this that is not included in the proposed budget. As there was no further business to come before the Council, the meeting was adjourned at 8:45 p.m. Clerk ' r t tiovi S trintairlinOt011 VERMONT December 7, 2009 Chair and City Council City of South Burlington South Burlington, VT 05403 RE: Consideration for Capital Equipment Refunding Notes for the Department of Public Works To all Members: Please approve the attached capital equipment refunding notes as follows: Highway Division: Intl 7 Yard Dump Truck ($111,330) (3rd yr of 5) $ 66,798 John Deere Highway Loader ($139,038) (3rd yr of 5) $ 83,422 Trackless Sidewalk Machine ($90,508) (3rd yr of 5) $ 54,304 These notes are structured on a planned equipment replacement schedule and are approved in the current FY budget, and bear interest at a rate of 2.4%. Sincerely, Denis Gravelin Assistant City Manager % �••1//'1/d • rri '• ♦7 Ri ''iV rr i ♦�i i �'.'1r* '� ' .�1 // .+i( r/r," ., i� 1 I . Q 1 yy •� / c 1 'i .i .,'• r . . s 06.E s eli s ' 11111 i�/�':. C� 1 1 ��y r�:.. r/...'" . �i� 6Y/.,:.:., - 'P r/p°,� 1 1� : �z.�l 1 .z3 g,•.i�,.till/ll i. �< _'91 / wuw �\11 11/.,uuuwuuuuuuyp,..\11 q// uuiei ia� H' °per/ woui ii �\11 II/�/ iwuiwuu r� 1N ql /r:uw�..'.�n 11 II r ni.: . -.\lam 1 1\//,...,., ,�y.uu / '� ��y t / nuuminuw \p I/ �a\1N111 +`� i' 'ems I �j s jj / \ �- '' ' '� A .f1;-Ig 0. _ CITY OF SOUTH BURLI G ON _� ,; \\". 1 1 % ,.\\ ! CAPITAL EQUIPMENT REFUNDING NOTE////,�� '- �� $83,422.00 /�� Burlington,Vermont N December 15,2009 �,1 3`�\\' 4j////%ST On the 14th day of December 2010 for value received,the City of South Burlington promises ~`�� to pay People's United Bank d/b/a Chittenden Bank the principal sum of: -;: `a 3 /iAt �� ********EIGHTY THREE THOUSAND FOUR HUNDRED TWENTY TWO DOLLARS ********* , r to, P , 4 `t:'l with interest at the rate of 2 40%per annum(the "Exempt Rate"), with principal and interest payable in ii �E ' `_� lawful money of the United States at the Main Office of People's United Bank d/b/a Chittenden Bank in '�'� _,E the Cityof Burlington, Vermont. The rate of interest payable hereunder is subject to recalculation and a \\ chi �/ I g � p Y J ���\\\\g�e 'y ' _ - payment of a higher rate, retroactive to the date hereof, upon the happening of any event specified in , ,i' 43, VI \\ paragraph (3) of the Resolution of the City of South Burlington dated December 7, 2009, the terms of ��//j/ s �� which are incorporated herein by reference thereto. Further, this note and all sums of money due T; Syr 2 hereunder shall be due and payable at the option of the holder hereof upon the happening of any event i! �' specified in paragraph(3)of said Resolution. C `/ Principal and interest may be prepaid by the Issuer of this note, in whole or in part prior to the cw,,;;A ,, 0above maturity date,without a penalty being assessed,with prior notification being given to the bank. F 117////, \�, r , This note for $83,422.00 is issued to refund a borrowing originally issued for$139,038.00 on �•'' December 21, 2007, which was issued to purchase a highway loader. This borrowing has been ���, '' E// authorized by a vote of the City Council of the City of South Burlington at a meeting thereof duly , \\��%• I \f\ala: noticed,called and held on December 7,2009. Interest on this note will be payable at maturity. ��� It is hereby certified and recited that all acts, conditions, and things required to be done ' N i). precedent to and in the issuance of this note have been done, have happened, and have been performed , �' ////// in regular and due form as required by law, and that the full faith and credit of said City of South 4 \\\\\' T ., "r'N Burlington are hereby irrevocably pledged for payment of this note. ' (( I Dated: December 15,2009 �� = ':' CITY COUNCIL �� 1. v // , x reri',MA',,) rr // .. i \:_11:'/A,� Treasurer By All or a Majority Thereof \\\V`\ � �� ft3 x A- ` � ����1//ice ,- /1 11\\\\� / l' oF4,W.,......:T.,...,i_/._P__ .'-:7 i\,,,,":....-.--" z.17--.).____,""',....-e•..-\..4. ',,cMvil•l----p,-.,\...-.. .'.4-.,„'0. .,(7.,..7%":•7,-,..—.--- OM---77.:.,N_.__,_- o-_„'r e:-(-7..,,,./,"_.—.... -4..1v,jr<1,ci ff/ se ...„ r / +III, , y , //I 1^` �wu / / lI 1 - /i �� �� 1 I } /° r / 1\ mnnnn //p Il\ mmn Rn mmumm�mo , .,L:/1'1 __}:t °I .;r,.11, - °j/ g �1�1 �3...�- /'/ 11� /qd - �;\:. �/ b M 71i w7i�":'//h d1\�.. :a': ' pl t '\i it :•. °/r/ 11� CITY OF SOUTH BURLINGTON RESOLUTION CAPITAL EQUIPMENT REFUNDING BORROWING WHEREAS,the City Council of the City of South Burlington are authorized and empowered to borrow money on the credit of the City of South Burlington for purposes of making certain capital equipment purchases, and WHEREAS,the City of South Burlington has an outstanding debt at the People's United Bank d/b/a Chittenden Bank for$111,230.00 payable December 15,2009,and WHEREAS,the City Council of the City of South Burlington finds it expedient and in the best interest of the City of South Burlington to borrow the sum of$83,422.00 to refund the outstanding indebtedness by issuing a refunding note for $83,422.00, and WHEREAS,the City Council has been and is now providing essential governmental services and funds are needed to meet accruing costs of the same; THEREFORE,BE IT RESOLVED that the City Council of the City of South Burlington for and in behalf of said City of South Burlington issue a refunding note for$83,422.00 from the People's United Bank d/b/a Chittenden Bank,the said loan to be evidenced by a promissory note for$83,422.00 to be signed on behalf of said City of South Burlington by its City Council and dated December 15,2009 payable to People's United Bank d/b/a Chittenden Bank on the 14th day of December 2010,with interest at the rate of 2.40%per annum. BE IT FURTHER RESOLVED,that said evidence of debt when issued and delivered pursuant to this Resolution shall be a valid and binding general obligation of the City of South Burlington,payable according to the terms and tenor thereof from unlimited ad valorem taxes duly assessed on the grand list of taxable property in said City,as established by law; and WE,the said City Council and Treasurer of the City of South Burlington,hereby certify that we are the duly chosen, qualified and acting officers as undersigned,that the note is issued pursuant to authority,that no proceeding relating thereto has been taken other than as shown in the foregoing recital,that no such authority or action has been amended or repealed, and that there is no litigation threatened or pending in any state or federal court of competent jurisdiction seeking to enjoin either the issuance of the above described note or the expenditures being financed by the proceeds of the same. WE further certify that no litigation is pending or threatened affecting the validity of the note or the apportionment and assessment of taxes to pay the same when due,that neither the corporate existence nor the boundaries of the City of South Burlington,nor the title of any of us to our respective offices,is being questioned or contested. WE further certify that this borrowing of$83,422.00 is for the purpose of refunding a borrowing originally issued for $139,038.00 on December 21,2007,which was issued to purchase a highway loader. FURTHER,we hereby certify to and covenant with People's United Bank d/b/a Chittenden Bank,its successors and assigns,including specifically the transferees,assignees,holders and owners of the above-described note,that: (1) No proceeds of the note(including investment proceeds thereof)will be used(directly or indirectly)in any trade or business carried on by any person other than the City of South Burlington,nor used to make or fmance loans to any person. (2) The City of South Burlington will file when and as required with the Treasury Department or the Internal Revenue Service information returns relating to the issuance of the note and all other obligations of the City of South Burlington. (3) The interest charged to and payable by the City of South Burlington under the note shall be recalculated at the rate of 5.56%, and paid to the holder thereof in any one of the following events: (a) It shall be determined that the interest paid under said note, or any part thereof, is included in the gross income to the holder thereof for federal tax purposes. (b) There shall be any breach by the City of South Burlington of any covenant set forth in paragraphs(1)-(3)hereof. WE further certify that we are the duly chosen,qualified and acting officers of the City of South Burlington as indicated below,and we acknowledge that the foregoing action was taken at a meeting duly noticed,called and held on December 7,2009,whereat we were present and voting affirmatively. Dated: December 7,2009 CITY COUNCIL Treasurer By All or a Majority Thereof The foregoing signatures are true and genuine. Attest: Clerk /1° /rlr/ll°�'-�� i .�4 vq_'.:, �rrr`'AA ys N�i :;, /.'.i.r 1j�..rr`�* y,'F_:R� r,�,. . R:w�2 y a R -1` +Illlll iiti:;i ,t * rl%-e,'. `1011 rq '� v .;.\%r 1 r r\.r',s. ..;ENO 1 l ;- 1 rr'. . ..,\�NI 44,i.:',:�:...�y-..4 4W0,..;; .-. lPl�a4.0 °� \ '0 l Uy \ / -wu numu \% 1/"- ig \N y/ uuuuwunuu \1 y/y.- mµ i \\. .1//- uniumw i"\''\\N y ''° �'� t ;lilt "ya�yt"f�ts"m i ar CITY OF SOUTH BURLINGTON vv� .a �\\ CAPITAL EQUIPMENT REFUNDING NOTE 1/�/ \ J $54 304.00 •) z e%// Burlington,Vermont ��` N �% • December 15,2009 On the 14th day of December 2010 for value received,the City of South Burlington promises i ' - �/) to pay People's United Bank d/b/a Chittenden Bank the principal sum of: - ` j %//ri � 1\\��, `.* ***************FIFTY FOUR THOUSAND THREE HUNDRED FOUR DOLLARS ************ with interest at the rate of 2.40%per annum(the "Exempt Rate"),with principal and interest payable in 'r 2� j i, lawful money of the United States at the Main Office of People's United Bank d/b/a Chittenden Bank in t ��//ii the City of Burlington, Vermont. The rate of interest payable hereunder is subject to recalculation and l I�, ,.' payment of a higher rate, retroactive to the date hereof, upon the happening of any event specified in � \\� l ; cv e \\\14 paragraph (3) of the Resolution of the City of South Burlington dated December 7, 2009, the terms of :,pi isE l . ��' which are incorporated herein by reference thereto. Further, this note and all sums of money due A hereunder shall be due and payable at the option of the holder hereof upon the happening of any event �. � r ��j� specified in paragraph(3)of said Resolution. `� 4Wi ,E Principal and interest may be prepaid by the Issuer of this note, in whole or in part prior to the 01 = , above maturity ,wi thout a penalty assessed,wi th prior notification being given to the bank. 1/�/�% This note for $54 304.00 is issued to refund a borrowing originally issued for $90,508.00 on December 21,2007, which was issued to purchase a trackless sidewalk plow. This borrowing has been �u / � �� vvv c '(�✓✓, authorized by a vote of the City Council of the City of South Burlington at a meeting thereof duly \� "'"' .I ' noticed,called and held on December 7,2009. Interest on this note will be payable renewal at maturity. G ' ,i It is hereby certified and recited that all acts, conditions, and things required to be done ,W- 0% i) precedent to and in the issuance of this note have been done,have happened, and have been performed . %/�lI'' in regular and due form as required by law, and that the full faith and credit of said City of South \\�\\ C Burlington are herebyirrevocablypledged for payment of this ��.I ' 9 g p g p Ym s note. . —.,,5\ t,, :� Dated: December 15,2009 CITY COUNCIL N i / ,.: r , l 7,4L.,‘\ r lit44 b.-...= \ l tr, \ =r- ' lt Treasurer By All or a Majority Thereof \\\/' ' elr VI f '"0 g af e 52 is&i3:swisiomed 4-.0."'S 1:1-t le---' : .:\ --III \_� �t� i , \ � 4 �I j -� \� �� �\\ i� � \ � , "fir \� . // �� 4 / ` I-1* \ // 1 1\.9\ w-li r °/llr/ I I�IN it - /I 111\4 n /\/' N1\ \nrum //° \iATIM44°. \ / \ .�� Y. d nm. tI .:' dl Ht. .•:i6°o ,4 •:°;r ..1.. tgo • ,--. / I 1\\ ... nr /llr IAj` i.0 Et /Ir, 1\�':7, 11 ..m. •�..� 9,0. �:•..' • _,�,� —- - 91 :t 1 .: ° r ..;...1' I1 � N �r � N / � rgrlmi �, CITY OF SOUTH BURLINGTON RESOLUTION CAPITAL EQUIPMENT REFUNDING BORROWING WHEREAS,the City Council of the City of South Burlington are authorized and empowered to borrow money on the credit of the City of South Burlington for purposes of making certain capital equipment purchases,and WHEREAS,the City of South Burlington has an outstanding debt at the People's United Bank d/b/a Chittenden Bank for$72,406.00 payable December 15,2009,and WHEREAS,the City Council of the City of South Burlington finds it expedient and in the best interest of the City of South Burlington to borrow the sum of$54,304.00 to refund the outstanding indebtedness by issuing a refunding note for $54,304.00,and WHEREAS,the City Council has been and is now providing essential governmental services and funds are needed to meet accruing costs of the same; THEREFORE,BE IT RESOLVED that the City Council of the City of South Burlington for and in behalf of said City of South Burlington issue a refunding note for$54,304.00 from the People's United Bank d/b/a Chittenden Bank,the said loan to be evidenced by a promissory note for$54,304.00 to be signed on behalf of said City of South Burlington by its City Council and dated December 15,2009 payable to People's United Bank d/b/a Chittenden Bank on the 14th day of December 2010,with interest at the rate of 2.40%per annum. BE IT FURTHER RESOLVED,that said evidence of debt when issued and delivered pursuant to this Resolution shall be a valid and binding general obligation of the City of South Burlington,payable according to the terms and tenor thereof from unlimited ad valorem taxes duly assessed on the grand list of taxable property in said City,as established by law; and WE,the said City Council and Treasurer of the City of South Burlington,hereby certify that we are the duly chosen, qualified and acting officers as undersigned,that the note is issued pursuant to authority,that no proceeding relating thereto has been taken other than as shown in the foregoing recital,that no such authority or action has been amended or repealed, and that there is no litigation threatened or pending in any state or federal court of competent jurisdiction seeking to enjoin either the issuance of the above described note or the expenditures being financed by the proceeds of the same. WE further certify that no litigation is pending or threatened affecting the validity of the note or the apportionment and assessment of taxes to pay the same when due,that neither the corporate existence nor the boundaries of the City of South Burlington,nor the title of any of us to our respective offices,is being questioned or contested. WE further certify that this borrowing of$54,304.00 is for the purpose of refunding a borrowing originally issued for $90,508.00 on December 21,2007,which was issued to purchase a trackless sidewalk plow. FURTHER,we hereby certify to and covenant with People's United Bank d/b/a Chittenden Bank,its successors and assigns,including specifically the transferees,assignees,holders and owners of the above-described note,that: (1) No proceeds of the note(including investment proceeds thereof)will be used(directly or indirectly)in any trade or business carried on by any person other than the City of South Burlington,nor used to make or finance loans to any person. (2) The City of South Burlington will file when and as required with the Treasury Department or the Internal Revenue Service information returns relating to the issuance of the note and all other obligations of the City of South Burlington. (3) The interest charged to and payable by the City of South Burlington under the note shall be recalculated at the rate of 5.56%,and paid to the holder thereof in any one of the following events: (a) It shall be determined that the interest paid under said note,or any part thereof, is included in the gross income to the holder thereof for federal tax purposes. (b) There shall be any breach by the City of South Burlington of any covenant set forth in paragraphs(l)-(3)hereof. WE further certify that we are the duly chosen, qualified and acting officers of the City of South Burlington as indicated below,and we acknowledge that the foregoing action was taken at a meeting duly noticed,called and held on December 7,2009,whereat we were present and voting affirmatively. Dated: December 7,2009 CITY COUNCIL Treasurer By All or a Majority Thereof The foregoing signatures are true and genuine. Attest: Clerk //`: ,, V rl' r > ti,. I .r 1 ••/ Orr ; •/ ,: i,N•'I rj ••,r . C'4' y fi♦/ ^y • lllllbl ✓p "4 1 r � .,.: `y �rl/r� .yN r� -�` .:�1 r �� h, b/p4;40--- i.`�r ..;yl , /�� '- 'N 1 OS r'r w 1 r, �uuwuw� NI Ili"4-- 11 11l/ uuuiw \/1 Q/—uuwm '''' \1 I/ r oui— \,mr wuuuuw`I 11 ii/ eoiuuu L�' N, I rr/° ii,,NHII rr�\ N / // u iuuuum IN1111 _ CITY OF SOUTH BURLINGTON r\ A /` \1 ` CAPITAL EQUIPMENT REFUNDING NOTE I,'Il///// x (r.ssi % , $66,798.00 i rs // ! Burlington,Vermont 111\\ a° ' December 15,2009 e \\, / e") On the 14th day of December 2010 for value received,the City of South Burlington promises ' \` i A to pay People's United Bank d/b/a Chittenden Bank the principal sum of: '(el ********** SIXTY SIX THOUSAND SEVEN HUNDRED NINETY EIGHT DOLLARS ********** e \\‘ a1 with interest at the rate of 2.40%per annum(the "Exempt Rate"), with principal and interest payable in (ice 0 lawful money of the United States at the Main Office of People's United Bank d/b/a Chittenden Bank in k the City of Burlington, Vermont. The rate of interest payable hereunder is to recalculationr\\\ /� P y subject and I�\\��� 1 ,_ ., . payment of a higher rate, retroactive to the date hereof, upon the happening of any event specified in a '' �/ \\III paragraph(3) of the Resolution of the City of South Burlington dated December 7, 2009, the terms of ` € \• which are incorporated herein by reference thereto. Further, this note and all sums of money due `�I/,�� hereunder shall be due and payable at the option of the holder hereof upon the happening of any event l- .. �� 4"ii)`' specified inparagraph(3)of said Resolution. J �C✓� Principal and interest may be prepaid by the Issuer of this note, in whole or in part prior to the 0,. "�s1 1 r above maturity date,without a penalty being assessed,with prior notification being given to the bank. '////,i` a �) J� This note for $66,798.00 is issued to refund a borrowing originally issued for$111,330.00 on j ,'-it / / December 21, 2007, which was issued to purchase a 2008 Dump Truck. This borrowinghas been ,. . • \\ � authorized by a vote of the City Council of the City of South Burlington at a meeting thereof duly �\�; /' \\, noticed,called and held on December 7,2009. Interest on this note will be payable renewal at maturity. 1 ` I///, It is hereby certified and recited that all acts, conditions, and things required to be done s 4i,J,) precedent to and in the issuance of this note have been done, have happened, and have been performed :- iii in regular and due form as required by law, and that the full faith and credit of said City of South ' \ \ f .l,/ ; Burlington are hereby irrevocably pledged for payment of this note. \\\:4F = I tit) Dated: December 15,2009 CITY COUNCIL , /// .'40-tv.: e-i,:11.;[ rit;.\\ 1 1,el"0\1 V; '/ Treasurer By All or a Majority Thereof \\�\ V NI 1 wmi im /xt �i \ tnon � hn �/* A V , N nnnna0 olg 41.7.7. ' • 0.,,e, e.,.,: ''N. ---.....A.,. r,.-. --,-A,-- 0-,-,:‘,:,,,, -......;:,,e-g--.- ----,-..--461.. . 1-74,e-cyl -.....A---- ,. \ r... m aN r..•.• ,;: .„•••. y�„ :;r/ 11IL . 1 :: ;/r�rn,1„ /„,p11 / 1 /„ 11111/ • ,= .. ,,, m ••r.r • CITY OF SOUTH BURLINGTON RESOLUTION CAPITAL EQUIPMENT REFUNDING BORROWING WHEREAS,the City Council of the City of South Burlington are authorized and empowered to borrow money on the credit of the City of South Burlington for purposes of making certain capital equipment purchases,and WHEREAS,the City of South Burlington has an outstanding debt at the People's United Bank d/b/a Chittenden Bank for$89,064.00 payable December 15,2009,and WHEREAS,the City Council of the City of South Burlington fmds it expedient and in the best interest of the City of South Burlington to borrow the sum of$66,798.00 to refund the outstanding indebtedness by issuing a refunding note for $66,798.00, and WHEREAS,the City Council has been and is now providing essential governmental services and funds are needed to meet accruing costs of the same; THEREFORE,BE IT RESOLVED that the City Council of the City of South Burlington for and in behalf of said City of South Burlington issue a refunding note for$66,798.00 from the People's United Bank d/b/a Chittenden Bank,the said loan to be evidenced by a promissory note for$66,798.00 to be signed on behalf of said City of South Burlington by its City Council and dated December 15,2009 payable to People's United Bank d/b/a Chittenden Bank on the 14th day of December 2010,with interest at the rate of 2.40%per annum. BE IT FURTHER RESOLVED,that said evidence of debt when issued and delivered pursuant to this Resolution shall be a valid and binding general obligation of the City of South Burlington,payable according to the terms and tenor thereof from unlimited ad valorem taxes duly assessed on the grand list of taxable property in said City,as established by law; and WE,the said City Council and Treasurer of the City of South Burlington,hereby certify that we are the duly chosen, qualified and acting officers as undersigned,that the note is issued pursuant to authority,that no proceeding relating thereto has been taken other than as shown in the foregoing recital,that no such authority or action has been amended or repealed, and that there is no litigation threatened or pending in any state or federal court of competent jurisdiction seeking to enjoin either the issuance of the above described note or the expenditures being fmanced by the proceeds of the same. WE further certify that no litigation is pending or threatened affecting the validity of the note or the apportionment and assessment of taxes to pay the same when due,that neither the corporate existence nor the boundaries of the City of South Burlington,nor the title of any of us to our respective offices,is being questioned or contested. WE further certify that this borrowing of$66,798.00 is for the purpose of refunding a borrowing originally issued for $111,330.00 on December 21,2007,which was issued to purchase a 2008 Dump Truck. FURTHER,we hereby certify to and covenant with People's United Bank d/b/a Chittenden Bank,its successors and assigns,including specifically the transferees,assignees,holders and owners of the above-described note,that: (1) No proceeds of the note(including investment proceeds thereof)will be used(directly or indirectly)in any trade or business carried on by any person other than the City of South Burlington,nor used to make or finance loans to any person. (2) The City of South Burlington will file when and as required with the Treasury Department or the Internal Revenue Service information returns relating to the issuance of the note and all other obligations of the City of South Burlington. (3) The interest charged to and payable by the City of South Burlington under the note shall be recalculated at the rate of 5.56%, and paid to the holder thereof in any one of the following events: (a) It shall be determined that the interest paid under said note, or any part thereof, is included in the gross income to the holder thereof for federal tax purposes. (b) There shall be any breach by the City of South Burlington of any covenant set forth in paragraphs(1)-(3)hereof. WE further certify that we are the duly chosen,qualified and acting officers of the City of South Burlington as indicated below,and we acknowledge that the foregoing action was taken at a meeting duly noticed,called and held on December 7,2009,whereat we were present and voting affirmatively. Dated: December 7,2009 CITY COUNCIL Treasurer By All or a Majority Thereof The foregoing signatures are true and genuine. Attest: Clerk AGREEMENT BETWEEN THE CITY OF SOUTH BURLINGTON, VERMONT AND WATER POLLUTION CONTROL EMPLOYEES ASSOCIATION (S.B.W.P.C.E.A.) LABOR CONTRACT July 1, 2009—June 30, 20092011. CITY OF SOUTH BURLINGTON AND SOUTH BURLINGTON WATER POLLUTION CONTROL EMPLOYEES ASSOCIATION AGREEMENT 1 07/01/06-09—06/30/0911 TABLE OF CONTENT Article I Recognition and Unit Description 3 Article II Management Rights 4 Article III Employees' Rights 5 Article IV Preservation of Present Terms and Conditions of Employment 5 Article V Stability of Agreement 5 Article VI Association of Officers 5 Article VII Association Dues 6 Article VIII Hours of Work 6 Article IX Overtime 6 Article X Pay Schedule 7 Article XI Holidays 8 Article XII Weekends 8 Article XIII Work Clothing and Special Equipment 8 Article XIV Vacation and Sick Time 9 Article XV Other Leaves of Absence 11 Article XVI Grievance Procedures 11 Article XVII Disciplinary Action and Layoff 12 Article XVIII Insurance and Retirement 12 Article XIX Pagers 13 Article XX Termination Procedures 14 Article XXI Miscellaneous 15 Article XXII Continuing Education 16 Article XXIII Duration of Agreement 17 2 THE CITY OF SOUTH BURLINGTON AND THE WATER POLLUTION CONTROL EMPLOYEES'ASSOCIATION AGREEMENT 7/01/06-09 - 6/30/0911 This agreement is made and entered into between the City of South Burlington,hereinafter referred to as the City,and the South Burlington Water Pollution Control Employees' Association,hereinafter referred to as the SBWPCEA,or the Association. WITNESSETH WHEREAS the well being of the employees covered by this agreement and the efficient and economic operation of the Water Pollution Control Department require that orderly and constructive relationships be maintained between the parties and, WHEREAS the participation of employees in the collective bargaining process contributes to the effective conduct of the public business and this department administration and, WHEREAS the parties to this agreement consider themselves mutually responsible to establish stable and meaningful relations based on this agreement, NOW THEREFORE in consideration of the mutual promises and agreements herein contained, the parties mutually agree as follows. ARTICLE I RECOGNITION AND UNIT DESCRIPTION Section 1 The City recognizes the collective bargaining unit of the SBWPCEA as the • exclusive bargaining agent for the purpose of collective bargaining relative to wages,hours,and other conditions of employment. The Collective Bargaining Unit is defined in an Order of Certification dated July 7,1986 issued by the Vermont Labor Relations Board in Docket No.8639. Section 2 It is understood by the parties hereto,that the Collective Bargaining Unit of the SBWPCEA shall act as exclusive bargaining agent for its members after the six- month probationary period. Section 3 The Municipal Employer and the covered SBWPCEA agree not to discriminate in any way against employees covered by this agreement. 3 ARTICLE II MANAGEMENT RIGHTS Section 1 It is understood and agreed by the parties hereto that the proper operation of wastewater disposal facilities in the City of South Burlington is necessary to the health,welfare and safety of the community. It is further understood and agreed that both Federal and State governmental entities have imposed requirements upon the City of South Burlington and may in the future modify these requirements or impose new requirements,all relating to the proper operation of the City's waste water disposal facilities. In light of these public and legal obligations,the bargaining unit recognizes the City's right to take all actions necessary to properly operate and maintain the City's waste water treatment facilities,which rights include: (1) The right to determine the specific work and duties which must be performed to maintain and operate the City's waste water disposal facilities; (2) The right to assign work and duties to employees and to supervise the accomplishment of such work and duties; (3) The right to establish a reasonable work schedule and to require overtime work when necessary; (4) The right to determine the number of employees to be employed to perform work and duties at the City's waste water disposal facilities and to establish job related criteria for hiring,retention,promotion,and reassignment of such employees; (5) The right to establish rules,procedures,policies and/or regulations relating to the use,maintenance and control of City property; (6) The right to establish rules,policies,procedures and/or regulations relating to personnel health and safety; (7) The right to accomplish such other functions and activities as are exclusively within the discretion of management and are not otherwise abridged by this agreement. Section 2 By entering into this agreement,the City of South Burlington does not relinquish any of the rights,powers,duties or responsibilities which it presently enjoys under the laws of the State of Vermont or the City of South Burlington Charter adopted February 1,1971 and thereafter amended. The City agrees to provide gong copy of said Charter and pertinent general laws with a copy of the agreement,with an electronic copy to each cads bargaining tin* unit member.memberc d. 4 ARTICLE III EMPLOYEES'RIGHTS Section 1 Employees have and shall be protected in the exercise of the right,without fear of penalty or reprisal,to join and assist the SBWPCEA. Section 2 Any employee who is eligible to join the SBWPCEA shall have the free choice of doing so,and shall not be discriminated against because of his/her choice. Section 3 The officers of the SBWPCEA(not to exceed two)shall be granted reasonable time off during working hours without loss of pay or benefits to investigate, process and settle complaints or grievances and for contract bargaining. ARTICLE IV PRESERVATION OF PRESENT TERMS AND CONDITIONS OF EMPLOYMENT Section 1 The parties hereto mutually agree that all terms and conditions of employment presently in effect shall remain in effect unless specifically abridged or modified by this agreement. Section 2 The parties hereto mutually agree that the City of South Burlington's Personnel Rules and Regulations presently in effect shall continue in effect for members of the bargaining unit except as abridged or modified by this agreement. Ne- amen im nt c i,a n l R l ,.,d Reg„iat e. P ti fc t i 7l 1 modified by this agreement. No amendment of said Personnel Rules and Regulations after the date of this agreement shall be binding upon the members of the bargaining unit until agreed to in writing by the bargaining unit. ARTICLE V STABILITY OF AGREEMENT Section 1 No amendment,alteration or variation of the term or provisions of the agreement shall bind the parties hereto unless executed in writing by said parties. Section 2 Any portion of the agreement found to be in conflict with any ordinance or statute now in effect or introduced at a later date will be null and void. However,all other portions of this agreement will remain in effect. Section 3 To provide a clear understanding of the contents of this agreement,the City agrees to provide a copy to each employee concerned. The City will have the agreement printed and distributed to each employee not later than sixty(60) days after ratification. Any amendments to the agreement will be copied and distributed under the same condition. ARTICLE VI 5 ASSOCIATION OFFICERS The SBWPCEA agrees to provide an up-to-date list of its officers to the City Manager. ARTICLE VII ASSOCIATION DUES The City agrees to deduct such dues as are determined by the Association from each employee signing a dues deduction form. ARTICLE VIII HOURS OF WORK Section 1 The work week for the Water Pollution Control Department shall commence on 0001 hours on Monday of each week and shall end at 0001 of the next following Monday. Section 2 The routine work schedule for each employee shall consist of 40 hours per work week divided among five tours of duty of 8.5 hours each. (Eight hours of work and thirty minutes for meal break.) Section 3 All employees shall be granted a thirty(30)minute meal period during each work day. The employee will be allowed this time in a clean environment. Section 4 Employees shall be granted a personal clean-up period of ten(10)minutes at the end of the work shift if clean-up is needed. Section 5 Employees will be allowed a reasonable flexible daily work schedule, provided that the flex time does not interfere with departmental operations with approval of the Department Head. ARTICLE IX OVERTIME Section 1 Overtime shall be defined as time worked in excess(40)hours in a single work week. Section 2 Overtime shall be paid at the rate of one and one-half times the regular rate of pay. Section 3 If an employee is called back to work after normal working hours,he/she will receive no less than four(4)hours'pay. If employee is charged out more than once within the 4-hour timeframe,he/she shall not be paid twice for the same 4 hours. Section 4 Except in emergencies an employee may decline the offer of overtime. Section 5 Scheduled overtime will be assigned on the basis of seniority. A list by seniority shall be posted indicating the rotation of overtime assignment. If an employee declines overtime work,the employee forfeits his/her right to overtime work until his/her name is again reached on the list. 6 Section 6 If an employee is placed on"stand-by"status which limits his/her off duty functioning he/she will be paid at his/her normal hourly rate.If called back to work,the rates in Section 2 will be applicable. This provision does not apply to Association members carrying pagers. ARTICLE IX OVERTIME(Continued) Section 7 If an employee's name is next on the list for scheduled overtime work,but that employee is scheduled for a work shift at that time,he/she will not forfeit his/her place on the list. The overtime will be offered to the next name on the list with the next opportunity for scheduled overtime being offered to the employee with the conflict described above. Section 8 An accounting of overtime worked will be made available upon request. ARTICLE X PAY SCHEDULE Section 1 For the 20062009/2007-2010 contract year,association employees are to be granted a 2.251.375%increase over the 20052008/20069 base salary plus a one- step increase equal to 1.5%for those not in step 20,retroactive to July 1, 20062009. For the 20072010/2008 2011 contract year,association employees are to be granted a 3.01.375%increase over the 20062009/2007-2010 base salary plus a one- step increase equal to 1.5%for those not in step 20,retroactive to July 1, 2007. For the 2008/2009 contract year,association employees arc to be granted a 3.25% these-not in-step-20: Section 2 Employees assigned to a higher position on a basis of eight hours shall receive the additional compensation due that position while occupying that position. Section 3 Longevity pay increases will be provided July 1 of each year. Employees with less than six months of service as of July 1 will receive their first longevity increase at the completion of six months of service. Section 4 Association members at step 20 of the City's pay plan receive a 3.5%longevity bonus in December of each year. If one of this group leaves the City's employ during the period of this contract,the increase will be prorated and will either be added to final pay(if the employee leaves before the December payment date)or subtracted from final pay(if the employee leaves after the December payment date). Section 5 The City agrees to pay an employee,in lieu of the City's health insurance benefit, an amount equal to 75%of the premium for single person coverage. Employee must provide proof of alternative health insurance coverage. Section 6 All payments for time worked shall be by direct deposit to any banking institutions accepting ACH/wire deposits 7 . . , f its job classification system. ARTICLE XI HOLIDAYS Section 1 The holidays observed by the Association will be as follows: New Year's Day Columbus Day Presidents'Day Veterans'Day Memorial Day Thanksgiving Day Independence Day Friday after Thanksgiving Bennington Battle Day Christmas Day Labor Day Personal Holiday(*) Martin Luther King Day (*)Personal Holiday will be cumulative. Section 2 Holiday Pay-all association members required to work a holiday as described in Section 1 shall be compensated eight hours of holiday pay at straight time, plus time worked at double their rate of pay. ARTICLE MI WEEKENDS Section 1 Weekend work schedules will be established at least 30 days prior to the beginning of each calendar year. This schedule will be posted at each treatment plant for review by department personnel. Section 2 This schedule will consist of only one(1)person per weekend. Deviation from the schedule will be agreed upon by both parties at least twenty four(24)hours prior to the beginning of a weekend. Section 3 Weekend work will consist of a six hour shift on Saturday and a six hour shift on Sunday. This work will be in addition to an employee's regularly scheduled work week. As overtime,weekend work will be paid at one and one-half times regular pay. Employees have the option to take this compensation either as compensatory time or as pay. Section 4 Any deviation from this schedule will be accomplished by the association. The individual scheduled to work a weekend will be responsible for ensuring that the schedule is covered.The Department Head will give final approval to these scheduling changes. ARTICLE XM WORK CLOTHING AND SPECIAL EQUIPMENT Section 1 Normal work clothing will continue to be at the discretion of the employee as long as the clothing is something that can be worn in the performance of the employee's daily work. 8 Section 2 The City will provide an annual clothing and footwear allowance of$600,which includes a.$125 allowance for footwear. ARTICLE XITT WORK CLOTHING AND SPECIAL EQUIPMENT(Continued) Section 3 Special equipment and special clothing will be provided by the City.Special equipment includes rubber boots,rain suits,hard hats,gloves,aprons,and other items needed for safety. These items are to be supplied and/or replaced as required. Section 4 These items are to be supplied and/or replaced as needed for safety reasons. ARTICLE XIV VACATION AND SICK TIME Section 1 Each permanent employee in a full time position shall be entitled to vacation as outlined as follows:Vacation time will be credited as earned according to the following schedule. Through the completion of three years of service,6 and 2/3 hours per month(10 days per year). First day of fourth year of employment through the completion of 9 years, 10 hours per month(15 days per year). First day of the 10th year of employment through the completion of 15 years, 13 and 1/3 hours per month(20 days per year). First day of the 16th year of employment and over, 16 and 2/3 hours per month(25 days per year). Employees who are earning 25 days per year will be entitled to cashing in up to 15 days of accumulated vacation time,annually. Section 2 Scheduling of vacation time shall be accomplished in the following manner: a.first week on the basis of seniority; b.all other weeks on a first come first served basis. Section 3 Sick time shall be awarded at the rate of 18.0 days per year,beginning January 1, 2004. Section 4 Paid sick leave shall be granted for the absence from duty for the following reasons: a.illness; b.bodily injury or disease; c.attendance upon members of the immediate family whose illness requires the care of such employee,not to exceed five(5)days per year, except with special prior approval of the department head. In case of denial of a request the first avenue of appeal shall be the City Manager. d.funeral of a friend or family member no covered under Article XV 9 Section 5 Unused sick leave may be accumulated from year to year,with no maximum amount. ARTICLE XIV VACATION AND SICK I1ME(Continued) Section 6 When an employee accumulates 100 or more sick leave days,he/she may exchange ten sick leave days for five vacation days or five days pay one time per fiscal year. An employee who accumulates fifty(50)or more sick leave days may exchange six sick leave days for three days'pay or three days'vacation. Section 7 Social Security and Workers'Compensation Association members shall be covered under the Social Security Act and the State Worker's Compensation provisions. Employees(full and part-time)are covered by worker's compensation insurance. If an employee suffers an injury or illness while in the line of duty a workers'compensation first report of injury form must be filed, with a supervisor's signature,in the city manager's office within 24-48 hours.Until the time that the worker's compensation claim is approved the employee may elect to be paid through sick leave or vacation time. Checks received from the workers'compensation carrier will then be endorsed over to the city to"buy back"sick or vacation leave. Eligible employees may elect to utilize sick time accruals for the 3-day legal waiting period not covered by the Workers'Compensation Act. If the employee receives payment for these three(3)days from the insurance carrier,the employee may endorse the check over to the City and the three(3)days will be credited back to the employee's sick leave bank. Any employee approved for worker's compensation coverage will receive from the City the difference between his/her normal net weekly pay and any benefits received through worker's compensation. The total compensation that the employee receives from the city and workers'compensation will not exceed the net wages that the employee would receive for a regular 40 hour work week. If the workers compensation check is equal to or greater than the employee's regular net wages,the employee may keep that check. The city will continue to pay medical,dental and life insurance for an employee on approved workers' compensation leave.The employee must make timely arrangements with the city to reimburse necessary deductions such as health insurance, pension,union dues,and ICMA contributions. These contributions will be made upon receipt of payment from the employee. An employee qualifying for worker's compensation after a period of 90 days will not accrue leave time including additional sick leave accruals,until the employee returns to work,although time on worker's compensation will count as time served for purposes of calculating employee benefits. 10 The parties recognize that the City makes its best forth efforts to provide full compensation for employees. Should later calculation determine a different amount,the City will reimburse the employee any amount due within 7 days of notification. The employee will reimburse the City amounts over paid within 7 days of notification. ARTICLE XV OTHER LEAVES OF ABSENCE Section 1 Leaves of absence without loss of pay or benefits shall be permitted for the following reasons: a. medical examinations for retirement or other purposes required by the City; b. attendance at educational programs required to maintain Operator Certification; c. attendance at Green Mountain Water Pollution Association meetings with the approval of the department head. Section 2 Bereavement leave with pay shall be granted to any employee as follows: a.Up to five days to any employee whose absence is caused by the death of a —member ef-the im ediate ou�-Lei_.:,.__._ sp �c�zrvrr-cauvnpattilei;dull uiparerrtJ; b.One additional day will be granted for travel if the funeral is out of Vermont. c.Employees may use sick leave for the funeral of a family member not mentioned herein Section 3 Military Leave shall be granted as outlined in the City Personnel Rules and Regulations. ARTICLE XVI GRIEVANCE PROCEDURES Any grievance or dispute which may arise between the parties regarding the application, meaning or interpretation of this agreement shall be settled in the following manner. Step 1 The Association representative,with or without the aggrieved employee,shall take up the grievance or dispute in writing with the employee's immediate supervisor within three working days of the date of the grievance or his knowledge of its occurrence. The supervisor and/or department head shall attempt to adjust the matter and shall respond to the representative within three working days. Step 2 If the grievance has not been settled in a manner satisfactory to the employee,it shall be presented in writing to the City Manager within three working days of the Step 1 process. The City Manager may hold a hearing on the grievance. Employees are entitled to be represented at all such hearings by an Association Representative and/or legal counsel. The City Manager shall give his/her answer in writing within five working days after receipt of the grievance. 11 Step 3 If the grievance has not been settled in Step 2,the employee may request in writing within 3 working days a hearing before the City Council.Said hearing may be public or in executive session at the employee's discretion. The City Council will provide an answer in writing within five working days after said hearing. ARTICLE XVII DISCIPLINARY ACTION AND LAYOFF Disciplinary action and layoff shall be provided for as outlined in the city Personnel Rules and Regulations. ARTICLE XVIII INSURANCE AND RETIREMENT Section 1 Life Insurance: The City will maintain a group life insurance program for the benefit or eligible employees. Upon retirement the benefit amount will be$10,000. Section 2 Medical and Dental Insurance: For the duration of this agreement,the City will offer the health insurance plan known as VLCT-I-IP 10/20,with prescription drug benefit plan Option C($50 deductible,$5/$10/$25)offered by CIGNA through the Vermont League of Cities TTo R rf isplan is_nodified,--or no.kmg_ex-offereclby-V LCT_nr CIGNA,_the City may substitute a plan with equivalent benefits at no increase cost to employees other than as provided herein. The Association shall have the right to participate in discussions dealing with a substitute plan,and shall have the right to grieve the issue of whether such successor plan provides equivalent benefits and employee costs. For the fiscal ye___ ending' one 30,2007 cEmployee contributions shall be equal to 10%of the premium for the type of plan selected by the employee(i.e.Single,2- person or family),except an employee's contribution shall not exceed the following percentages of the employee's base annual salary: 3 :Q%of base salary for employees electing a family plan,2.53_5%of annual base salary for employees electing a 2-person plan,and 1-52_0%of annual base salary for employees electing a single-person plan. The increase in insurance premiums for year 1 of the contract are retroactive to July 1,2006 2009 based on the increase in pay of 3.752.875%(1.5%step+ 2.-251.375%for those employees not in step 20;for those in step 20 insurance will be retroactive based on the 2.251.375%). of the premium for eacha , exceeding the following-percentages-of an n1ley e'-s-annual-bassesalsar-y.....€am,ilyplan•35%;-2- . ,4ngle person.plan 2.0%respectively: For fiscal year ending June 30,2009 employee contributions shall be equal to 10% o€the prenaicrm4er eac pe-of planrwith-contributions-not-exeeeElin the following-pertages-of-iiii-employee's annual base salary: family plan 4.0%,2 per son plan 3.5%and single person.plan 2.0?4,respectively. 12 The City will provide short-term disability insurance. Section 3 Retirement Program: The City's defined benefit retirement program will include coverage of Association members. ARTICLE XVIII INSURANCE AND RETIREMENT(Continued) Effective 7/1/7,the City will provide the following improvements to the plan: • Highest 3-year total compensation(gross pay,pager pay,scheduled and unscheduled overtime,and PAFO incentive. • Retirement Health Insurance: At age 60,an employee taking early retirement may choose to either 1)exchange unused sick leave for cash as currently constituted in this contract or 2)establish a bank of the total value of unused sick leave at time of retirement,with the value determined by the total number of sick leave hours times the employee's hourly rate at the time of retirement. The bank may be used to purchase health insurance for the employee's continued coverage until the employee reaches 65 or becomes eligible for Medicare,at which time the single Medicaid supplement of the City's plan may be purchased. The sick leave bank will pay for only the single-premium coverage;however, an employee may elect to pay the City the incremental premium for spouse or family coverage. During` e ter f thi t,the City will solicit interest from the Municipal Employees 17 tir 4 c 4 (VN fE S) The City will provide a 5.5%of base salary contribution(on a weekly basis)to the ICMA Section 457 Deferred Compensation Plan which must be matched by the employee. The City Manager will approve the use of the same match on other similar retirement programs which meet IRS requirements. If an employee • chooses not to participate in this program through a match,the City is not required to provide the matched funding in any other manner. Section 4 Employees with 15 or more years of service may exchange 160 hours of sick leave plus 16 additional hours per year of service beyond 15 years toward early retirement,OR an employee may exchange 24 hours per year of service to be 1 credited toward a medical insurance bank which will be used to pay the cost of // monthly health insurance premiums. ARTICLE XIX PAGERS The Department Head shall establish a standby list of employees willing to work standby based on seniority.Each week,running from Monday noon until the following Monday noon,the person at the top of the list shall carry a pager.The employee carrying the pager shall choose between two methods of compensation:1) $275 per week up to the date of the agreement,$301) per week thereafter through Tune 30,2011, or 2)compensatory time at the rate of 1.5:1 for 8 13 hours. If the compensatory time method is selected,the earned time must be taken within one year of incurrence. The employee should be available at all times and maintain an off-hours personal condition so as to be able to effectively respond to all calls. If an employee fails to respond to an alarm,the following action will be taken: -1st failure—warning; -2nd failure--loss of$2 5-stipend;, ARTICLE XIX PAGERS(Continued) The three failures to respond must occur within a six-month period.In the event of an equipment failure the above action will not be enforced. Payment for standby responses shall be in addition to the stipend and in accordance with terms and conditions covered in this agreement. ARTICLE XX TERMINATION PROCEDURES Section 1 Voluntary Termination/Non-retirement Employees are required to give two weeks'notice of their resignation. The date of termination will be the last day on which the employee actually works for the City. At the time of termination,employees shall be provided a lump sum payment for the following benefits accrued through the date of termination: vacation,personal holiday,and compensatory leave time. Employees terminating prior to completion of six months of employment will not be paid for any leave time. Employees will be notified of their eligibility to elect to continue medical and dental insurance under COBRA(Consolidated Omnibus Budget Reconciliation Act of 1985). Under COBRA provisions,voluntarily terminating employees and their dependents may remain in the City's group health and dental plans for COBRA's statutory periods,but must pay their own premiums. Employees have 60 days to decide whether to continue benefits under COBRA. However,if the decision is made to continue coverage the terminated employee must reimburse the City for premiums paid on behalf of him/her and/or any dependents from the date of termination. Section 2 Voluntary Termination/Retirement Employees are required to give four weeks'notice of their retirement. The date of retirement will be the last day actually worked for the City. Retiring employees will be paid for all vacation,personal holiday,and compensatory leave time accrued to the point of retirement in one of the following ways: 1)lump sum at the time of retirement; 2)lump sum in the year following the date of retirement; 3)half at the date of retirement,half in the year following retirement. Options 2 and 3 are offered to alleviate income tax burdens in the year of retirement. Retiring employees selecting option 2 or 3 will be required to waive in writing all benefits associated 14 with City employment except as'described below.Retiring employees will remain on the City's health and dental insurance plans at the City's expense for a period of time equal to the accrued vacation and personal holiday accrued to the point of retirement. Sick leave accumulation will be paid in accordance with section 7.2,subsection d)of the City's personnel rules and regulations.Extended health and dental coverage at the City's expense will be prolonged by the sick leave payout period. Once the City's obligation to pay medical coverage is met,retired employees may remain in the City's group plans under COBRA provisions. ARTICLE XXI MISCELLANEOUS Section 1 Notice of all job openings within the City shall be posted at both treatment plants. Section 2 Salary agreements that result from a signed contract shall be reflected in the pay checks in-twoas soon as-possible but not later than 4 weeks from date of agreement. Section 3 Space shall be provided at both treatment plants for posting of Association notices. Section 4 A job description of each position will be provided for each SBWPCEA employee. Section 5 A safety committee shall be appointed consisting of two members of the Association and one member of supervisory personnel. Section 6 All references to City Personnel Rules and Regulations shall refer to said regulations as they are now constituted or may be hereafter amended. Section 7 Association members may join any physical fitness club in the Chittenden County area if the club is approved by the city manager. Any employee joining said club for said year will be entitled to a payment of$200 which shall be reimbursement for a portion of the employee's annual membership dues. At the end of each year of membership the employee will present any attendance records normally maintained by the club to the city manager. Section 8 The City will reimburse the employee the cost of replacing lost or damaged property,provided such property is lost or damaged while performing their duties. Personal property is defined as that which is normally and customarily carried,worn,or used on one's person while performing one's duties,with the exception of cell phones Cell phones used by on-call employees and the Bartlett Bay operator will qualify,while on duty. Maximum reimbursement will not exceed two hundred fifty dollars($250)per incident. Section 9 Incentive Policy: Pollution Abatement Facilities Operator(PAFO)Certification: Pursuant to the Vermont Agency of Natural Resources-Department of Environmental Conservation's PAFO certification program,and upon member's 15 receipt and maintaining a plant operator's certification of Grade#4DM or#5DM, the City will pay each member holding such certification: Grade#4DM: $150 per month Grade#5DM: $200 per month This payment will be included for the purposes of calculating overtime rate and pension compensation. ARTICLE XXII CONTINUING EDUCATION Section 1 Training will be made available to members of the Association to meet the needs of the Water Pollution Control Department as determined by the department head and the city manager. Such training will include course work required to maintain professional certifications as well as specialized courses needed to meet the work requirements of the department. Section 2 The City will reimburse an employee in the bargaining unit for courses successfully completed as part of a program to obtain an Associate's Degree or higher where the employee is enrolled in a degree-producing program or for the successful completion of a course in a WPC-related subject approved for credit for an Associate's Degree or higher. Reimbursement shall be subject to the following criteria. • Successful completion of a course shall mean a"C"or its equivalent,or better. • Reimbursement shall be provided for not more than two courses per semester,or a maximum of four courses per fiscal year per member. The City Manager may approve more. • Reimbursement for each course shall be paid at the rate of 50%of the per-credit-hour tuition cost charged by the institution up to 50%of the in-state credit-hour tuition cost charged by the University of Vermont for comparable courses. Employees who leave the employment of the City shall be responsible for re- paying the City for tuition reimbursement moneys paid to them within a period of 12 months from the date of completion of the last class for which reimbursement was made. The amount owed the City shall be pro-rated in the following manner. • The entire amount is refundable if the employee leaves within 6 months from the last day of class for which reimbursement was made. • The amount is pro-rated from 6 months+1 day to 12 months;i.e.,if$300 is paid and the employee leaves 8 months later,he/she owes the City$100 (8/12=2/3,2/3 of$300 is$200;$300-$200=$100). Employees shall be compensated for all classroom time when attending mandatory education or training courses. Travel to and from training shall be paid at the rate as determined by the IRS Mileage Reimbursement Rate. 16 ARTICLE)0CRI DURATION OF AGREEMENT This agreement shall remain in effect from July 1,2006 2009 through June 30,20092011. South Burlington Water Pollution Control Department South Burlington City Council: Employees'Association: Steve Crosby Fortin .• 1 Formatted:Font:Bold Charles Hafter,City ManaXer -• Formatted:Font Book Antigua,11 SBYYP.c City of South Burlington 1Pt,B01d On behalf of the South Burlington,City,Council 1 Formatted:Font:Book Antigua, s Bold Chris Smith,Chair „ 1 Formatted:Font:Book Antigua,11 pt,Bold si Formatted:Indent:Left: 3,Right: I-0.69" Mark Boucher Formatted:Font:Book Antigua, Bold Formatted:Font:Book Antigua,11 t pt,Bold Steve Magowan Daniel O'Rourke Sandra Dooley December 7,2009 Date 17 MEMORANDUM EXECUTIVE SESSION To: Chair and City Council From: Chuck Hafter, City Managere__C Re: Consider entering into executive session to discuss contract negotiations The Water Pollution Control Association and the City Hall/Public Works Department Association have ratified the proposed two-year contracts negotiated between the City and their Associations. The contracts will run from July 1, 2009 until June 30,2011. I will bring these contracts to you for approval on Monday night. Unfortunately,the Associations just ratified the agreements on Thursday night(City Hall/PW)or this morning(WPC) so I do not have final copies yet. There are not many significant changes to the contracts this year; I will have copies for you to review in executive session. If you are not comfortable approving them at that time,there is no real harm in waiting until the next meeting(except our employees would like their retro's before Christmas if possible.) I do recommend the Council approve these contracts and they are in line with our budget projections. I expect to have the Fire Association to you very shortly. All three contracts will have the same salary increases (1.375%)and benefits. The Police contract is not up until next year. 'iS ' to VERMONT December 7, 2009 Chair and City Council City of South Burlington South Burlington, VT 05403 RE: Consideration for Capital Equipment Refunding Notes for the Department of Public Works To all Members: Please approve the attached capital equipment refunding notes as follows: Highway Division: Intl 7 Yard Dump Truck ($111,330) (3rd yr of 5) $ 66,798 John Deere Highway Loader ($139,038) (3rd yr of 5) $ 83,422 Trackless Sidewalk Machine ($90,508) (3rd yr of 5) $ 54,304 These notes are structured on a planned equipment replacement schedule and are approved in the current FY budget, and bear interest at a rate of 2.4°/0. Sincerely, 1).„, ,4, - l!J/_► Denis Gravelin Assistant City Manager . r t v afv;,coep STEM REPLACEMENT PROJECT MEDALLION F2500 If you find one of these tags, s repairs have been made. I i.„iY^=PJJ Determining Model - F2500 Distinctive Shape I' t , Medallion C 1 Look for AWWA Starburst Pattern ;." ,,, kAWWW'z"A' Determining Year 4-digit cast year is located on rear of the hydrant above the break flange Target Years 2002—2003—2004 Contains Calcium Acetate Replacement Kit Grease Tubes Current Repair Tubes Clow Valve Company previously supplied grease r-GLOW�� ," in repair tubes that contains calcium acetate. ,. ,(,,AN, The tubes are white with either blue lettering that -�- 1 -- states Diamond FM Grease 2 EP or black lettering .gyp. that states Clow Medallion Lubricant. These tubes can be exchanged at no cost by PEr,4w. X FCt2:LirA91F .. ift.00.ali as Grew contacting the Clow Sales Department. ..4 irk• s --, " (800) 829-2569 - F Clow Valve Company - 902 South 2nd Street - Oskaloosa,IA 52577 - www.clowvalve.com SAFETY NOTICE #4 November 18, 2009 Clow seeks immediate fixes for fire hydrants in Vermont NOTE: Please read and forward this important notice to other responsible parties immediately. On July 14, 2009, Clow Valve Company employees found inoperable fire hydrants in Oskaloosa,--Iowa; the upper stem assemblies were corroded. Today, it is possible that a number of fire hydrants in your community are similarly inoperable, and this imminent risk increases over time. Medallion and F2500 fire hydrants with cast years of 2002, 2003, and 2004 located in Vermont require immediate attention. Calcium acetate found in the grease of these hydrants causes corrosion over time, rendering the hydrants inoperable. Clow Valve Company is committed to finding and replacing the upper stem of each hydrant affected. We have located and replaced approximately 70,000 of approximately 113,000 fire hydrants affected nationwide. We need your attention to this urgent matter today. A contractor will be provided free of charge to perform the replacement or a labor allowance along with free parts for each stem returned. Please act now by visiting www.clowvalve.com for more information or call 800-829-2569 to schedule your replacement today. This is Clow-Valve Company's fourth Safety Notice on this issue since 2006. See back of this document for details to determine if your hydrants have been repaired. Note also that affected fire hydrants may have been installed in your community after our initial notification in 2006 as hydrants sold to distributors can remain on hand for some time. Again, please join our commitment to public and employee safety by helping us locate all affected hydrants in Vermont. Visit www.clowvalve.com and call 800-829-2569 today. Mike Vore National Sales Manager Clow Valve Company - 902 South 2°d Street - Oskaloosa,IA 52577 - www.clowvalve.com 24780