HomeMy WebLinkAboutAgenda - City Council - 12/07/2009 64 AA
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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
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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
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4 71 1
National Guard Avenue 26 4. 4 53 National Guard Avenue
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NCO Drive
PM Peak Hour(3:45-4:45)
May 17,2005
Country Club Drive
18 1 1
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28
National Guard Avenue 48 4 +. 32 National Guard Avenue
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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.
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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
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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
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T - •- );_ ,;.-'' Published by the
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' f,.�,- Serving and Strengthening
Vermont Local Governments
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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
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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
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Please visit www.vlct.org to view the 2010 VLCT
Municipal Policy in its entirety.
2010 VLCT MUNICIPAL POLICY PRIORITIES 1
LEGISLATIVE PRIORITIES
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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
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- �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
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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
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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
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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
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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
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`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.
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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
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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
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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
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_ 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.:
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1,el"0\1
V; '/ Treasurer By All or a Majority Thereof \\�\ V
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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