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HomeMy WebLinkAboutAgenda - City Council - 03/11/2013 ,.. .:: soli" t VERMONT AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall Conference Room 575 Dorset Street SOUTH BURLINGTON, VERMONT Special Meeting 5:15 P.M. Monday, March 11, 2013 Consider entering executive session to discuss personnel, contract negotiations and litigation. Organizational & Special Meeting 6:15 P.M. Monday, March 11, 2013 1. Election of City Council officers (City Manager presiding): • Chair • Vice Chair • Clerk 2. Agenda Review: Additions, deletions or changes in order of agenda items. 3. Comments and questions from the public not related to the agenda. 4. Announcements and City Manager's Report. A. William Stuono resignation from Planning Commission and Development Review Board. B. *** Inform Council about National Kids to Park Day on Saturday. May 18th 5. Consent Agenda: A. *** Sign Disbursement 6. Discuss and possibly decide any issues concerning recent Public Records Request. 7. ***Set dates &time for regular meeting being held March 2013- Feb. 2014. Please come prepared to discuss dates/times and date unavailability. 8. ***Annual appointments,( motion to specify length of appointment), to be made by majority vote of City Council pursuant to City Charter, Chapter 13, Section 301 (2).[A list to be appointed is attached. Any Officer/position you choose not to appoint will continue as a "holdover" until re-appointment or replaced.] 9. Designate Official Paper of Record (Currently The Other Paper). 10. Designate Official Depositories (Currently Merchants Bank). 11. Discuss whether to appoint a Council Representative to the following committees, and if yes, into what position (Chair, member, liaison, etc.). Discuss whether to appoint someone other than or in addition to a Councilor to the following committees and if yes, into what position. • IZ Committees (SusAg, Open Space, Form Based Code, Affordable Housing) 12. ***Appoint a Town Service Officer, which will assist residents in the community with Reach Up, Food assistance and health care programs. 13. ***Appoint Council Rep to Pension Advisory Committee (see Council approved PAC Resolution). 14. ***Appoint a City Health Officer. (Justin Rabidoux, Public Works Director, currently holds this appointment; this is a three-year term). 15. Discuss and possibly approve the Collective Bargaining Agreement between the City and the City of South Burlington Career Firefighters' Association (Bob Rusten, Interim City Manager). 16. Discuss and possible approve a one-year extension to RHR Smith and Company contract to audit the City of South Burlington financial statements for fiscal year 2013. 17. Discuss training for City Council. 18. Discuss setting a date for Council to determine its priorities. 19. *** Review&Approve Council Meeting Procedures. 20. Review and confirm interim city manager interview schedule. 21. Other Business: A. Items held from the Consent Agenda B. Bike Rack—items Council may wish to place on a future agenda: i. Traffic Lights and sequencing. ii. City Street Lights (adequacy/number) at various locations. iii. Dorset Park Solar Array. iv. Advertising logos or names on City Property v. Taser Policy C. Other? 22. Consider entering executive session for discussion of personnel matters, negotiations, real estate and litigation. 23. Adjourn Respectfully Submitted: [4„ Bob Rusten, Interim City Manager ***Attachments Included South Burlington City Council Meeting Participation Guidelines City Council meetings are the only time we have to discuss and decide on City matters. We want to be as open and informal as possible; but Council meetings are not town meetings. In an effort to conduct orderly and efficient meetings, we kindly request your cooperation and compliance with the following guidelines. 1. Please be respectful of each other(Council members, staff, and the public). 2 Please raise your hand to be recognized by the Chair. Once recognized please state your name and address. 3 Please address the Chair and not other members of the public, staff, or presenters. 4. Please abide by any time limits that have been set. Time limits will be used to insure everyone is heard and there is sufficient time for the Council to conduct all the business on the agenda. 5. The Chair will make a reasonable effort to allow everyone to speak once before speakers address the Council a second time. 6. The Chair may ask that discussion be limited to the Councilors once the public input has been heard. 7. Please do not interrupt when others are speaking. 8. Please do not repeat the points made by others, except to briefly say whether you agree or disagree with others views. 9. Please use the outside hallway for side conversations. It is difficult to hear speaker remarks when there are other conversations occurring. SOUt . . i V£::RM©N7 AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall 575 Dorset Street SOUTH BURLINGTON, VERMONT Executive Session 5:00 p.m. Monday, March 11, 2013 Consider entering executive session for discussion of personnel matters, negotiations, real estate and litigation. Items to discuss in Executive Session: 1. Discuss Sandy Miller's Public Records Request. Review his communication and Bob Rusten's attorney advised responses. Issues to discuss include process to comply with request as well as whether to charge him for complying with request. Bob Fletcher will be at meeting. We also have an open meeting agenda item on this subject. j 2. Discuss auditor contract 3. Discuss TA with Firefighters I /, SOUTH BURLINGTON CITY COUNCIL AGREED-UPON PROCEDURES r da - December 2012 To assist in accomplishing City business, we agree to the following guidelines. A. Regarding City Councilor conduct at City meetings, we will 1. Not interrupt whomever is speaking 2. Refrain from side conversations and remarks 3. Speak only once on a topic until all other Councilors have had the opportunity to speak 4. Use motions, and seconds for all action items prior to voting 5. Empower the Chair to rule on all procedural matters unless over-ruled by a majority of the Council 6. Make all decisions by majority vote 7. Refrain from using cell phones (voice or text) during meetings B. Regarding City Councilor conduct outside of meetings, we will 1. Maintain confidentiality on all matters discussed in executive session Contact the City Manager and Deputy City Manager only on matters needing clarification Refrain from contacting other City staff 4. Refrain from tasking any City staffer .e Refrain from contacting any appointed officials to include, the City attorneys and auditors C. Regarding City Council Agendas, 1. The Chair and City Manager prepare it 2. At the end of each meeting, Councilors may suggest items for subsequent meetings. These will be placed on a subsequent agenda provided that they are approved by a majority of the Council 3. No new items will be introduced or added to the agenda on the day of the meeting (unless they are urgent and time sensitive) 4. Written copies of any issue/proposal/resolution, etc., will be provided to each Councilor at least a day in advance of the meeting D. Regarding the location of meetings 1. City Council meetings will continue to be held in City Hall 2. Town forums—not City Council meetings—will be held at area schools on area-relevant topics E. Regarding public participation guidelines at City meetings (see attached) F. Regarding the relationship to City boards, commissions, committees, liaisons 1. Joint sessions with the Development Review Board should occur annually 2. Joint sessions with the Planning Commission should occur at least semi- annually 3. Representatives of these groups are expected to be present at City Council meetings when items in their area are discussed 4. Annual 4r '""`rg orts are required from all Cityappointed4`p q groups- ' 5. Routine attendance at City Council meetings are expected from all appointed liaisons and representatives 6. The current appointment process/criteria/qualifications will be evaluated during the next appointment cycle G. Regarding interacting with the media, responding to residents, and the use of social media 1. The City Manager or the Chair will be our official spokespersons with the media and residents 2. The use of print and social media will be discussed as part of our communications priority H. Regarding the evaluation of the City Manager • We will develop a process and time frame I. Regarding fiscal responsibility • We will make every effort to have money budgeted before authorizing expenditures Print Online Calendar Page 1 of 1 7,.:. c-,s4 ---8-;✓4 Windcats 2013 January February March SuMolTu'We`Th Fr 'Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa .._ _. 1 2 3 411— 1111 1 2 6 7 8 9 10 11 12 33 4 5 61 7 8 9 3 4 5 6 7 8 9�� m 13 14 15 16 17 18 19 10 11 12 13 14 15 16 10 11 12 13 0 5 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 4 8 27 28 29 30 31 �. _-- apl ttr� , 1 April May June Su Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo�Tu'Wei Th Fr Sa lei _ 1 2 3 4 5' 6 1 2 3 4 1 7 8 9 10 11 12 13 5 6 7 8? 9 10 11 2 3 4 5 6 7 8 14 15, 16 17 18 19 20 12 13 14 15 161 17 18 9 10 11 12 13 14 15 211 22 23 24 25 26 27 19 20 21 22 231 24 25 16 17 18 19 20 21 22 28 29 30' 26 27 28i 29 30< 31 23 24 25 26 27 28 29 j 301 July August September Su Mo Tu We Thl Fr ci Su MoTTu We Th Fr :Sa Su IMo Tu'We Th Fr 'Sa 1 2 3 4' 5 6 1 2 3 1 2 3 4 5 61 7 7: 8 9 10 11 12= 13 4 5 6 7 8 9 10 8' 91 10 11 12 13 14 14 E 16 17 18 19 20 11 12 13 14 15 16 17 15 16 17 18 19 20 21 gams 24 26 18: 19 20` 21' 22 23 24 22 23 24 25 26 27 28 28 29' 30III ID 1111 25 26 27 28 29 30 31 29 30 1 October November December Su Mo,Tu We Th Fr Sa Su Mo;Tu We Th , Fr Sa Su Mo Tu We Th` Fr Sa E 1 2 3: 4 5 1 2 1 2 3 4 5 6 7 6` 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9' 10 11 12- 13. 14 13 14 15 16 17 18 19 10 11 12; 13 14 15 16 15 16 17 18 19 20 21 20, 21 22 ,23 24 25 26 17° 18 19120 21 22" 23 22 23 24 25 26 27 28 27 28 29' 30 31 24 251 261 27 28 29 30 29 30 talMilhnlikiLsen Ci it G IT[2 5 eIosd http://calendarlabs.com/print-online-calendar.php?y=2013&m=0&v=year&wc=00&h=0&c= 3/7/2013 Print Online Calendar Page 1 of 1 2014 JanuaryFebruary March Su Mo Tu Th' Fr Sa Su Mo Tu We Th Fr Sa Su'Mo Tu We Th Fr Sa 1 2 3' 4 1 1 51 6 7" 8., 9 10 11 2 3 4` 5 6 7 8 2 3- 4 5 6- 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14, 15 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16, 17 18 19, 20 21 22 16 17 18 19 20 21 22 26 27, 28 29 30 31 23 24 25 26 27 28 .. _ 23 24 25 26 27 28 29 30 31 April May June _ Su I Mo J Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 1 ..� 1 � �. 1 2 3 1 2 3 4 5 6 7 __ 6 7! 81 9 10 11 12 4 5, 6... 71 8 9 10 8_ 9 10 11 12 13 14 13 14 15 16 17 181 19 111 12 13 14 15 16 17 15 16 17 18 19' 20 21 20 21 22 23, 24 251 26 18 19 20 21 22 23 24 22 23 24 25` 26 27 28 F 27 28 29 30 25, 26 27 28 29 30 31 29 30 i i l July August September Su Mo Tu We Th Fr Sa Su Mo Tu,We'Th, Fr Sa Su I Mo Tu Wei Th Fr Sa I 1 21 3 4 5 I I 11 2 1 2 3 4� 5 6 6 7 81 9 10 11 12 3 4 5 _ 6, 7 8 9 7. 8: 9 10 11 12 13 13' 14 15 16 17 18 19 10 11 12 13 14 15, 16 14 15 16 17 18 19 20 20 21 22 23 24' 251 26 17 18 19 20 21 22i 23 21 22 23 24 25 26 27 , 27 28 29 30 31 24' 25 26 27 28 29, 30 28 29 30 311 October November December i Su Mo Tu We Th ram Su Mo:Tu We Th Fr i Sa Su Mo Tu We'Th Fr Sa 1 2 4 ' 1 . , 1 1 2 3 4- 5 6 5 6 7 8 9 10 2 3 4 5 ._ 6€ 7 8 7 8 9 10 11 12 13 12 13 14' 15 16j 17 18 9 10 11 12 13 14 15 14 15 16 17 18. 19 20 19 20 21 22=113 16 17 18 19 20 21: 22 21 22 23 24 25 261 27 26 28 29 30' 31 23 24 25 26 27 28 29 28 29 30 31 11111111111111111111111 30 I edisisliimar 0/4fyikteS lids http://calendarlabs.com/print-online-calendar.php?y=2014&m=0&v=year&wc=00&h=0&c= 3/7/2013 Li15flUN r March 11, 2013 To: Chair and City Council, Re: Annual appointments to be made by majority vote of City Council pursuant to City Charter, Charpter 13, Section 301 (2). Attached is a copy fo the City Charter, Chapter 13, Section 301 (2) that requires the following appointments be made annually by the City Council: Position Incumbent City Treasurer Bob Rusten �(op City Attorney Stitzel, Page & Fletcher—P rn �ht Zoning Administrator Ray Belair Unlit+LAS_ Asst. Zoning Administrator Cathyann LaRose Pi 13. First Constable Deputy Captain Paul Edwards Second Constable Sgt. Andrew Chaulk Grand Juror Bob Rusten City Agent & Trustee of Public Funds Bob Rusten All the incumbents are willing to serve another year. Please make appointments as required by City Charter. Sincerely. uob Rusten Interim City Manage The Vermont Statutes Online Page 1 of 1 § 13-301. Officers; general provisions The officers of the City of South Burlington shall be those provided by law for towns, except as otherwise provided by this charter. The officers shall have all the powers and duties necessary to carry out the provisions of this charter as well as those provided by law. The offices of fence viewer, weigher of coal, and inspector of lumber shall be abolished. (1) The officers of the South Burlington school district shall continue to be those provided by law for school or school districts; provided, however, that the school directors shall hold no other school district or city office with the exception of the board of civil authority, the board of abatement, and as provided otherwise in this charter. When a vacancy occurs on the Board of School Directors, the remaining members of the Board may fill the vacancy until the next annual meeting when the school district shall fill the vacancy. (2) The council by majority vote of all its members shall appoint annually the city treasurer, whose office shall be no longer elective and the city attorney, zoning administrator, auditor, first and second constable, grand juror, city agent, and Trustee of Public Funds. http://www.leg.state.vt.us/statutes/fullchapter.cfm?Title=24APP... 2/29/2012 ff A RESOLUTION OF THE CITY OF SOUTH BURLINGTON R-2011-06 ESTABLISHING A CITY PENSION FUND INVESTMENT STRATEGY PROCESS WHEREAS,the City of South Burlington Retirement Income Plan establishes a Pension Advisory Committee with membership including a representative of each of the four City collective bargaining units, a member of the City Council,the City and Assistant City Manager (or designees),the City Treasurer and one South Burlington property owner with financial or pension experience; and WHEREAS,it is in the best interest of the City of South Burlington to have a pension fund investment strategy designed to achieve the long-term health and stability of the City's pension fund and for the City Council to establish a decision-making process on how best to invest our pension funds; and, WHEREAS,the City Manager recommends the following provisions of such a process be approved by City Council; • The Pension Advisory Committee will be trained to be sufficiently knowledgeable to appropriately advise on a pension fund investment strategy designed to achieve the long-term health and stability of the pension fund ;and, • The Pension Advisory Committee will meet with the City's Pension Investment Manager as needed to have up-to-date and relevant information upon which to make reasoned investment strategy recommendations; and • The Retirement Income Plan identifies the need for a Pension Administrator who shall be the City Manager and who shall also fulfill all the Plan's requirement of the Board of Trustees; and, • The Pension Administrator is also a member of the Pension Advisory Committee; and • The best practice is to have a collaborative and transparent decision-making process for determining the pension investment strategy. BE IT RESOLVED, City Council hereby determines that the Pension Advisory Committee will recommend to the Pension Administrator, based on information supplied by the Pension Investment Manager, a strategy as to pension fund investments. If the Pension Advisory Committee and the Administrator can not agree on an investment strategy,representatives of the Committee,chosen by the Committee, and the Administrator will meet with City Council who will then make a final decision as to the investment strategy. 27g2it.,,,e Dated this 2-? day of February, 2011. Ma k Boucher, C air Sandra Dooley,Vice Chair James Kn pp rk Meaghan mery Frank Murray i ) i National Kids to Parks Day: Saturday, May 18, 2013 A Proclamation WHEREAS, May 18th, 2013 is the third National Kids to Parks Day organized and launched by the National Park Trust; and WHEREAS, National Kids to Parks Day empowers kids and encourages families to get outdoors and visit America's parks; and WHEREAS, it is important to introduce a new generation to our nation's parks because of the decline in Park attendance over the last decades; and WHEREAS,we should encourage children to lead a more active lifestyle to combat the issues of childhood obesity, diabetes mellitus, hypertension and hypercholesterolemia; and WHEREAS, National Kids to Parks Day is open to all children and adults across the country to encourage a large and diverse group of participants; and WHEREAS, National Kids to Parks Day will broaden children's appreciation for nature and the outdoors; and NOW THEREFORE, (I/WE) of(City/Town) (State) do hereby proclaim to participate in National Kids to Parks Day. (I/WE) urge residents of(city) to make time May 18th, 2013 to take the children in their lives to a neighborhood, state or national park. Dated this day of(Month) 2013 (Name of body approving proclamation) By r 03/08/13 City of South Burlington Accounts Payable Page 1 11:41 am Check Warrant Report # cingalls Unpaid Invoices For Check Acct l(GENERAL FUND) From / / To 03/11/13 Purchase Discount Amount Check Check Vendor Invoice Invoice Description Amount Amount Paid Number Date A'& I A & I CLEANING SERVICE INC 3250 FEBRUARY CLEANING-SEWER 480.00 0.00 . /--/-- A & I A & I CLEANING SERVICE INC 3249 FEBRUARY CLEANING - PW 960.00 0.00 . /--/-- A C S AFFILIATED COMPUTER SERVICES I 880193 JANUARY 20/20 SYSTEM 1932.00 0.00 . /--/ A C S AFFILIATED COMPUTER SERVICES I 880194 ADD INDEXING SERVICE 630.00 0.00 . /--/-- AIRGAS AIRGAS USA, LLC 9013193354 OXYGEN 160.62 0.00 . /__/__ ARBORWEAR ARBORWEAR 131403 UNIFORMS LAMBERT 225.00 0.00 . /--/__ BERGE BERGERON PROTECTIVE CLOTHING L 134618 RUBBER BOOTS 176.42 0.00 . /--/-- BIBENS BIBENS ACE 764913/3 PLANT SUPPLIES 51.96 0.00 . /-_/__ BIBENS BIBENS ACE 765038/3 BATTERIES 13.99 0.00 . /--/-_ e BBBENS BIBENS ACE 765082/3 MISC. SUPPLIES 31.91 0.00 . /__/-- RIBENS BIBENS ACE 765045/3 CO DETECTOR 4.50 0.00 . /_-/-_ ±B IS SIRENS ACE 764989/3 CO DETECTOR 71.98 0.00 . /-_/_- L. BIBEtS SIRENS ACE 764774/3 FASTENERS 9.12 0.00 . /-_/-- BIBENS SIRENS ACE 763887/3 REFUND - PVC PIPE -36.02 0.00 . /--/-- Bg.UF,qypPR BLUEPRINTS ETC, INC 177634 PLANS - CITY HALL IMPROV 69.60 0.00 . /-_/_- `BRI':Y1'OL BRISTOL HARBOR INN 1232013 HOTEL GUEST STAY 836.20 0.00 . /__/__ BUCNRUR BUCKHURST FISH & JACQUEMART IN 03055.00E-3 TRAFFIC REVIEWS 215.00 0.00 /--/-- BU LE DI BURLINGTON DIESEL FUEL PUMP SV 12673 ENGINE SENSOR VALVE 269.83 0.00 . /--/__ BURLDI BURLINGTON DIESEL FUEL PUMP SV 12681 OIL COOLER 933.56 0.00 . /--/-- BURI+'FR BURLINGTON FREE PRESS 4843441 SUMMER CAMP GUIDES 475.00 0.00 . /-_/_- B.US'_:,A BUS PARTS WAREHOUSE IN00462621 DOOR HOLDER 116.24 0.00 . /__/_- CARGIL CARGILL INC - SALT DIVISION 2901008664 DEICER SALT 6993.90 0.00 . /--/-- CAROUE CARQUEST AUTO PARTS 11141-29531 OIL 25.25 0.51 . /__/_- CARQUE CARQUEST AUTO PARTS 11141-28946 MIRROR 67.96 1.36 /--/-_ CARQUE CARQUEST AUTO PARTS 11138-28542 SPOTLIGHT 50.98 1.02 /--/__ CARUE CARQUEST AUTO PARTS 11141-29346 OIL FILTER 39.44 0.79 /--/-- S CARQUE CARQUEST AUTO PARTS 11141-29733 AIR FILTER 25.67 0.51 . /--/-_ CA* 7E CARQUEST AUTO PARTS 11141-29620 VEHICLE PARTS 351.10 7.02 . /--/-- CARQUE CARQUEST AUTO PARTS 11138-28726 GAUGE 16.71 0.33 /__/__ CARQLJE CARQUEST AUTO PARTS 11138-28900 OIL FILTER 2.62 0.05 . /--/ CARQUE CARQUEST AUTO PARTS 11141-29812 ANTI-RUST GLOSS 7.88 0.16 /--/_- CARQUE CARQUEST AUTO PARTS 11138-28732 RETURN - VEHICLE PARTS -65.71 -1.31 . /-_/__ CARQUE CARQUEST AUTO PARTS 11138-28903 RETURN-VEHICLE PARTS -44.93 -0.90 /--/-_ CARQE CARQUEST AUTO PARTS 11138-28908 OIL FILTER 9.20 0.18 . /--/__ CARQUE CARQUEST AUTO PARTS 11138-28928 ANTI FREEZE-SPECIAL ORDE 399.00 7.98 /--/-_ CARQUE CARQUEST AUTO PARTS 11141-30096 OIL/AIR FILTER 21.25 0.43 . /__/-- CARQUE CARQUEST AUTO PARTS 11141-30101 FLEET OIL 63.45 1.27 . /__/_- CENTRLEQ CENTRAL EQUIPMENT LLC 1009267 SPRAY BARS 1751.88 0.00 /__/__ CHAMCO CHAMPLAIN COLLEGE 02262013 CAREER & INTERN FAIR 50.00 0.00 . /__/_- CHARLE CHARLEBOIS INC IC62565 RADIATOR PARTS 49.81 0.00 . /__/_- CHARLI CHARLEBOIS TRUCK PARTS INC 1230560051 SWIVEL ELBOW 4.68 0.00 . /--/__ CHARLI CHARLEBOIS TRUCK PARTS INC 1230640053 KING PINS 126.23 0.00 . /__/__ CHITRE CHITTENDEN COUNTY REGIONAL PLA 3645 MEMBERSHIP -WATERSHED PR 83.33 0.00 . /--/__ CHITRS CHITTENDEN COUNTY REGIONAL SOL IVC019571 BIOSOLIDS - JANUARY 15170.21 0.00 . /--/-- CLARKS CLARK'S TRUCK CENTER 319082 BUS PARTS 37.87 0.00 . /-_/__ CLARKS CLARK'S TRUCK CENTER 319199 SWITCH 11.84 0.00 . /--/-- CLARKS CLARK'S TRUCK CENTER CM319253 CORE RETURN -31.20 0.00 . /-_/-_ CLARKS CLARK'S TRUCK CENTER 319253 REM KIT 67.42 0.00 /--/__ CLARKS CLARK'S TRUCK CENTER 318984 TUBE - BUS 481.61 0.00 . /--/-- CLARKS CLARK'S TRUCE CENTER 318974 FASTENER 73.70 0.00 /--/-- 03/08/13 City of South Burlington Accounts Payable Page 2 11:41 am Check Warrant Report # cingalls Unpaid Invoices For Check Acct 1(GENERAL FUND) From / / To 03/11/13 Purchase Discount Amount Check Check Vendor Invoice Invoice Description Amount Amount Paid Number Date CLARKS CLARK'S TRUCK CENTER CM318861 RETURN CORE -154,00 0.00 CLARKS CLARK'S TRUCK CENTER 51327 BUS REPAIR 7.78 0.00 /_-/_- CLARKS CLARK'S TRUCK CENTER 319845 BUS PART 67.76 0.00 . /__/__ COMCAST COMCAST 03010331PW13 HIGHWAY/DPW 107.00 0.00 . /__/__ COMCAST COMCAST 03010331F13 STATION #1 INTERNET/CABL 170.43 0.00 . /--/-- DAUMW DAUM, WES 03052013 ELECTIONS 3/5/13 37.50 0.00 . /__/_- DELARICH DELARICHELIERE, LINDA L 03052013 ELECTIONS 3/5/13 75.00 0.00 /__/__ DEMCO DEMCO INC 4886641 SUPPLIES 65.78 0.00 DESLAURIE DESLAURIER, MARGARET 03052013 ELECTION 3/5/13 37.50 0.00 /__/__ ;DOLLS DOLAN, SUSAN 55629 REFUND - BABYSITTING 95.00 0.00 FAS{EN FASTENAL COMPANY VTBUR173682 WASHERS 5.12 0.00 /__/_- ' .4TZPATC FITZPATRICK, CHARLENE 55628 REFUND - REC VACA 46.00 0.00 -/-7/-- FOLEY FOLEY DISTRIBUTING CORP 101598 LAUNDRY DETERGENT 66.99 0.00 FOLEY FOLEY DISTRIBUTING CORP 101597 CLEANING PRODUCTS 567.29 0.00 . .,:�5 & K SER G & K SERVICES 1295681737 UNIFORMS 91.00 0.00 /__/__ G:°&`K SER G & K SERVICES 1295664263 UNIFORMS 91.00 0.00 . /--/-- G & K SEE G & K SERVICES 1295686792 UNIFORMS 97.52 0.00 . GAU'j'HIERM GAUTHIER, MARY 03052013 ELECTIONS 3/5/13 37.50 0.00 /__/__ GRAIN GRAINGER INC 9068154740 LIGHT BULBS 22.36 0.00 .GRAIN GRAINGER INC 9070577052 BULB FOR CAUTION LIGHT 10.76 0.00 . /__/__ GRAIN GRAINGER INC 9075475492 PUMPING STATION SUPPLIES 112.35 0.00 . GRAIN GRAINGER INC 9077623875 FUSE BLOCK 25.40 0.00 /__/_- C GRAN GRAINGER INC 9077623867 FUSE BLOCK 2.54 0.00 . GEE PW GREEN MOUNTAIN POWER CORPORATI 455140FEB13 LAUREL HILL DR STORM STA 21.18 0.00 GREEPW GREEN MOUNTAIN POWER CORPORATI 785961FEB13 STREETLIGHTS 11349.93 0.00 /--/-_ GREEPW GREEN MOUNTAIN POWER CORPORATI 106961FEB13 REC DEPARTMENT 592.20 0.00 . /__/__ GREEPW GREEN MOUNTAIN POWER CORPORATI 519950FEB13 HOLMES ROAD 396.92 0.00 GREEPW GREEN MOUNTAIN POWER CORPORATI 885961FEB13 PUMP STATIONS 4965.15 0.00 GREEPW GREEN MOUNTAIN POWER CORPORATI 006961FEB13 TRAFFIC LIGHTS 2658.07 0.00 HACH HACH COMPANY 8175706 PHOSPHATE 244.00 0.00 . /__/__ ` HANNAFD HANNAFORD CHARGE SALES 7214 DISTILLED WATER 30.96 0.00 HAUN HAUN SPECIALTY GASES, INC 8887436 OXYGEN 25.00 0.00 . /__/__ HAUN HAUN SPECIALTY GASES, INC 8894912 OXYGEN 27.50 0.00 /--/-- HAUN HAUN SPECIALTY GASES, INC 0463904 OXYGEN 81.67 0.00 . /__/__ HAUN HAUN SPECIALTY GASES, INC 8902933 OXYGEN 34.00 0.00 HERITAGEF HERITAGE FORD 877338 VEHICLE PARTS 765.53 0.00 HEP, TAGEF HERITAGE FORD 877338CM CORE CREDIT -150.00 0.00 /__/_- HERTAGEF HERITAGE FORD 877534 VEHICLE PARTS 44.41 0.00 . /--/-- 4 ,HOYLE HOYLE, TANNER & ASSOCIATES INC 0051293 GIS SUPPORT - 107845.00 3142.50 0.00 HOYLE HOYLE, TANNER & ASSOCIATES INC 0051294 CITY HALL STMWTR IMPROVE 1142.50 0.00 HOYLE HOYLE, TANNER & ASSOCIATES INC 0051291 GENERAL CONSULTING 350.00 0.00 /--/-- INGRAM INGRAM LIBRARY SERVICES 60532730 BOOKS 13.75 0.00 /--/-- INGRAM INGRAM LIBRARY SERVICES 60532727 BOOKS 163.72 0.00 INGRAM INGRAM LIBRARY SERVICES 60532731 BOOKS 297.47 0.00 INGRAM INGRAM LIBRARY SERVICES 60532732 BOOKS 289.15 0.00 /--/-- INGRAM INGRAM LIBRARY SERVICES 60532729 BOOKS 5.88 0.00 . /__/_- INGRAM INGRAM LIBRARY SERVICES 60532728 BOOKS 10.42 0.00 INTSTB INTERSTATE BATTERIES 190320100112 BATTERIES 147.60 0.00 . /--/__ IRISHAND IRISH, ANDREA 03052013 ELECTIONS 3/5/13 37.50 0.00 . /__/-- IRISHANN IRISH, ANN P 03052013 ELECTIONS 3/5/13 75.00 0.00 . /__/__ 03/08/13 City of South Burlington Accounts Payable Page 3 11:41 am Check Warrant Report # cingalls Unpaid Invoices For Check Acct 1(GENERAL FUND) From / / To 03/11/13 Purchase Discount Amount Check Check Vendor Invoice Invoice Description Amount Amount Paid Number Date J C J C IMAGE, INC. 00011691 EMBROIDERED JACKETS 115.96 0.00 /__/__ JANITECH JANITECH INC 30200 MARCH CLEANING -CITY HAL 1100.00 0.00 /__/_- JAZ JAZZERCISE FEB 2013 JAZZERCISE INSTRUCTOR 380.00 0.00 L H S L H S ASSOCIATES INC 39848 BALLOT PRINTING 1861.05 0.00 . /__/__ LAPLANTE LAPLANTE, HILLARY 55614 REFUND - LIL'TYKES 55.00 0.00 . /__/__ LUCKY LUCKY'S TRAILER SALES, INC 153279 WOODCHIPPER PART 1.20 0.00 /--/-- LUCKY LUCKY'S TRAILER SALES, INC 153278 W00DCHIPPER PART 4.32 0.00 . /--/-- LUCKYPUP LUCKY PUPPIES DOG DAYCARE & B0 13941 IMPOUNDS #13SB002187 115.00 0.00 . /--/-- MACHIA MACHIA, MARILYN 03052013 ELECTIONS 3/5/13 37.50 0.00 . /--/-- MARSH MARSHALL TIRE GROUP INC 26378 ALIGNMENT 99.95 0.00 . /__/__ MAYOIARDT MAYNARD, TONI ANN 55772 REFUND - FIELD HOCKEY 115.00 0.00 /__/__ 14 MCCARE MCGUIRE, SANDRA 55654 REFUND - BABYSITTING 95.00 0.00 . /__/__ MERR CKS MERRICK, SUSIE 02202013 PACT DINNER /DIALOGUE 117.49 0.00 /__/__ ME 2RICKS MERRICK, SUSIE 03042013 PACT TOWN MEETING POTLUC 118.11 0.00 /__/__ MURRAYMA MURRAY, MARY ANNE 03052013 ELECTIONS 3/5/13 37.50 0.00 . /-_/-_ NAFIR NATIONAL FIRE PROTECTION ASSOC 02212013 CFI CERTIFICATION PROGRA 1020.00 0.00 /__/-- r" NORTHH NORTHEAST HANDLING SYSTEMS INC 4257 ANNUAL INSPECTION -CRANE 215.00 0.00 . /__/__ NORTRAX NORTRAX EQUIPMENT COMPANY 708350 WIPER BLADES 46.10 0.00 . /__/__ OFFENV OFFICE ENVIRONMENTS INC 42838 SHELVES - LIBRARY 414.00 0.00 . /_-/__ OFFESS OFFICE ESSENTIALS OF VERMONT 27993 ROLODEX 34.68 0.00 . - /__/__ ORFES ORFE, CAROL 03052013 ELECTIONS 75.00 0.00 /__/-- OTHER OTHER PAPER 4283 AD - REC CAMP 126.00 0.00 P P.. ' P & P SEPTIC SERVICE INC 99014 ETHAN ALLEN DR - 41 LOAD 16400.00 0.00 a PET.,.`N PET FOOD WAREHOUSE LTD 3-056237 DOG FOOD 41.21 0.00 . /__/__ PIK.E 1 PIKE INDUSTRIES INC 689736 ASPHALT 512.50 0.00 . /_-/__ ' P015104ELL POLSINELLO FUELS INC 427278 REPAIRS 91.30 0.00 . /__/__ ,PRATTSMIT PRATT & SMITH, INC 4824 HINESBURG RD PUMP 65.00 0.00 . /__/__ PVC +, PVC PROFESSIONAL VEHICLE CORP 23901 VEHICLE REPAIR 65.00 0.00 . /__/-- QUIZNOS ' QUIZNOS 01001 ELECTION LUNCHES 133.98 0.00 . /-_/__ RADION RADIO NORTH GROUP INC 24130515 ANTENNA KIT 205.00 0.00 . /__/__ RADION RADIO NORTH GROUP INC 24130584 ANTENNA 1122.00 0.00 . /__/__ REM: R.E.M. DEVELOPMENT COMPANY, LL 02192013 CHANGING FRIG. IN LOCKER 150.00 0.00 . /__/__ REM.,:- R.E.M. DEVELOPMENT COMPANY, LL 02132013 JANUARY COMMON AREA 3715.39 0.00 . /_-/__ REYNOL REYNOLDS AND SON INC 3192812 CYLINDER 381.00 0.00 . /__/__ REYNOL REYNOLDS AND SON INC 3193249 BATTERY ASSEMBLY 146.00 0.00 . /:_/_- REYNOL REYNOLDS AND SON INC 3193531 VEHICLE TOOLS 83.83 0.00 . /__/__ ROGERW ROGER WILLIAMS UNIVERSITY 2720 FIELD TRAINING & EVAL. 525.00 0.00 . /__/__ ROUSET ROUSE TIRE SALES 30048587 BUS TIRE 373.63 0.00 . /__/__ ROUSET ROUSE TIRE SALES 30048515 TRUCK FLAT REPAIR 30.00 0.00 . /__/-_ RUSSEL RUSSELL SUPPLY 1478119-01 MATERIALS 42.58 0.00 . /__/_- SAINTGERM ST. GERMAIN, MICHEL 03052013 ELECTIONS 3/5/13 75.00 0.00 . /--/-- SANEL SANEL AUTO PARTS INC 13RK5362 TRUCK MIRROR 92.53 0.00 . /--/-- SANEL SANEL AUTO PARTS INC 13RL1102 TRUCK MIRROR 92.53 0.00 . /--/-- SANEL SANEL AUTO PARTS INC 13RL2851 VEHICLE PARTS 56.21 0.00 . / /__ SANEL SANEL AUTO PARTS INC 13RK8308 SILICONE SPRAY 28.96 0.00 . /__/__ SANEL SANEL AUTO PARTS INC 13RL2834 RETURN - WIPER BLADES -17.68 0.00 . /__/__ SBCOLLINS SBCOLLINS, INC 214427 DIESEL FUEL 18897.10 0.00 SBCOLLINS SBCOLLINS, INC 214426 UNLEADED FUEL 10555.02 0.00 . /__/__ SECU SECURSHRED 137879 CITY HALL - SHREDDING 22.50 0.00 . /--/-- SEVEN SEVEN DAYS 123771 EMPLOYMENT AD - REC 288.00 0.00 . /-_/-_ 03/08/13 City of South Burlington Accounts Payable Page 4 11:41 am Check Warrant Report #. cingalls Unpaid Invoices For Check ACCt l(GENERAL FUND) From / / To 03/11/13 Purchase Discount Amount Check Check Vendor Invoice Invoice Description Amount Amount Paid Number Date SIGNAL SIGNALS RYG,INC 449 STREET LIGHT REPAIRS 1159.54 0.00 SIGNAL SIGNALS RYG,INC 446 TRAFFIC SIGNAL REPAIRS 1695.50 0.00 SIGNAL SIGNALS RYG,INC 450 TRAFFIC LIGHT REPAIR 903.70 0.00 SMALL SMALL ENGINE CO. INC. 052361 CHAIN BAW MAINTENANCE 75.11 0.00 SOTWAT SOUTH BURLINGTON WATER DEPARTM 7721DE/FEH13 AIRPORT PKWY 2138.40 0.00 SOTWAT SOUTH BURLINGTON WATER DEPARTM 7638DE/FEB13 4 CENTRAL AVENUE 302.94 0.00 SOTWAT SOUTH BURLINGTON WATER DEPARTM 4359DE/FEB13 O'BRIEN CENTER 302.94 0.00 SOTWAT SOUTH BURLINGTON WATER DEPARTM 4412DE/FEB13 HIGHWAY GARAGE 1888.92 0.00 SOTWAT SOUTH BURLINGTON WATER DEPARTM 3713DE/FEB13 AIRPORT PARKWAY 24.86 0.00 SOTRJAT SOUTH BURLINGTON WATER DEPARTM 3712DE/FEB13 AIRPORT PARKWAY 630.74 0.00 SOTWAT SOUTH BURLINGTON WATER DEPARTM 4360DE/FEB13 WILLISTON RD PMPNG STAT' 60.50 0.00 §OTWAT SOUTH BURLINGTON WATER DEPARTM 8214DE/FEB13 WATER 24.86 0.00 '.'SOTT{TAT SOUTH BURLINGTON WATER DEPARTM 8194DE/FEB13 AIRPORT PKWY 24.86 0.00 SOTWAT SOUTH BURLINGTON WATER DEPARTM 8189DE/FEB13 AIRPORT PKWY 32.32 0.00 SOTWAT SOUTH BURLINGTON WATER DEPARTM 8215DE/FEB13 WATER -203.85 0.00 'ST.A STATE OF VERMONT WW13042 AIRPORT PKWY WWTF 5327.40 0.00 ;STANTEC STANTEC CONSULTING SERVICES IN 663738 OAK CREEK/BUTLER FARM 845.00 0.00 STAJL STAPLES BUSINESS ADVANTAGE 8024775569 OFFICE SUPPLIES 130.96 0.00 TAAHOOK TAILHOOK TOWING, LLC 6016 TOWING 142.50 0.00 TECHGROUP TECH GROUP 35334 BULK HOUR LABOR 6750.00 0.00 TECHGROUP TECH GROUP 35339 NETWORK UPDATES 26477.00 0.00 ..`.TECHGROUP TECH GROUP 60003 COMPUTER BACKUP & RECOVE 2330.00 0.00 .THORPEB THORPE, BETH 03052013 ELECTION 3/5/13 37.50 0.00 TWINST CED - TWIN STATE 8124-749122 BOX OF BULBS 74.70 0.00 TWI ST CED - TWIN STATE ,N4 8124-752450 EMERGENCY BATTERY 13.70 0.00 /__/__ UNIFIRST UNIFIRST CORPORATION 036 1535964 MAT CLEANING - CITY HALL 72.30 0.00 4,-_'"- ZON VERIZON WIRELESS 2873660366 CELL PHONE - JUSTIN 107.47 0.00 ON VERIZON WIRELESS 9700178105 REC PHONES 148.47 0.00 '-"-KE VT BICYCLE & PEDESTRIAN COALIT 2013 MEMBERSHIP 35.00 0.00 RCUS VERMONT CUSTOM SHEET METAL COM 16770 WELD SCHOOL BUS DOOR 50.00 0.00 ERSFS VERMONT FISH AND WILDLIFE JAN2013 LICENSES 135.00 0.00 , R VERMONT TIRE & SERVICE INC 146147 FLAT REPAIR 30.00 0.00 VERMONT HEATING & VENTILATING 41171 INSPECT UNIT-BARTLETT BA 2579.09 0.00 I G VIKING-CIVES (USA) 4451578 DUMP TRUCK BODY 10250.00 0.00 VMCTA 04172013 CLERK TRAINING 50.00 0.00 WEF - WATER ENVIRONMENT FEDERA 02192013 MEMBERSHIP RENEWAL 77.00 0.00 6. E WOOD, ELIZABETH 03052013 ELECTIONS 3/5/13 37.50 0.00 ZEP SALES & SERVICE 9000136013 PLANT SUPPLIES 40.48 0.00 i 03/08/2013 City of South Burlington Accounts Payable Page 5 of 5 11:41 am Check Warrant Report # cingalls Unpaid Invoices For Check Acct 1(GENERAL FUND) From / / To 03/11/13 Purchase Discount Amount Check Check Vendor Invoice Invoice Description P Amount Amount Paid Number Date Report Total 187,075.51 19.40 0.00 SOUTH BURLINGTON CITY COUNCIL To the Treasurer of CITY OF SOUTH BURLINGTON, We Hereby certify that there is due to the several persons whose names are listed hereon the sum against each name and that there are good and sufficient vouchers supporting the payments aggregating $ ***187,056.11 Let this be your order for the payments of these amounts. Rosanne Greco Sandra Dooley Paul Engels Helen Riehle Pam Mackenzie South Burlington Water Dept. Accounts Payable Check Register Date: 03/05/13 Date Check No. Paid To Memo Amount Paid 3/5/2013 2280 Champlain Water District 50,400.85 Date Voucher Number Reference Voucher Total Amount Paid 2/15/2013 VI-12998 FOR BULK MAIL PERMIT 1,800.00 1,800.00 2/28/2013 VI-13003 SBWD-274 48,600.85 48,600.85 3/5/2013 2281 Champlain Water District 78,932.83 Date Voucher Number Reference Voucher Total Amount Paid 2/28/2013 VI-13001 FEBRUARY CONSUMPTION 78,932.83 78,932.83 3/5/2013 2282 E.J. Prescott, Inc. 269.96 Date Voucher Number Reference Voucher Total Amount Paid 2/4/2013 VI-12991 4635899 120.96 120.96 2/6/2013 VI-12992 4636597 149.00 149.00 3/5/2013 2283 Ferguson Waterworks#590 679.50 Date Voucher Number Reference Voucher Total Amount Paid 2/15/2013 VI-13002 0331728 679.50 679.50 3/5/2013 2284 Independent Pipe&Supply 63.94 Date Voucher Number Reference Voucher Total Amount Paid 2/4/2013 VI-12993 998432 63.94 63.94 3/5/2013 2285 City Of So. Burlington 199,863.81 Date Voucher Number Reference Voucher Total Amount Paid 2/12/2013 VI-12994 AUDIT&ADMIN FEE 44,740.00 44,740.00 2/12/2013 VI-12995 VLCT 3,808.92 3,808.92 2/12/2013 VI-12996 DEBT 150,221.14 150,221.14 2/12/2013 VI-12997 LEGAL 1,093.75 1,093.75 3/5/2013 2286 City Of South Burlington 221,703.94 Date Voucher Number Reference Voucher Total Amount Paid 2/28/2013 VI-13005 FEBRUARY SEWER 221,703.94 221,703.94 3/5/2013 2287 City Of South Burlington 74,801.69 Date Voucher Number Reference Voucher Total Amount Paid 2/28/2013 VI-13004 FEBRUARY STORMWATER 74,801.69 74,801.69 3/5/2013 2288 SoVerNet, Inc. 49.89 Date Voucher Number Reference Voucher Total Amount Paid 2/15/2013 VI-12999 3216812 49.89 49.89 3/5/2013 2289 Joyce E. Stutler 202.72 Date Voucher Number Reference Voucher Total Amount Paid 2/19/2013 VI-13000 FEBRUARY MAILINGS 202.72 202.72 Printed: February 27, 2013 Page 1 of 2 South Burlington Water Dept. Accounts Payable Check Register Date: 03/05/13 Date Check No. Paid To Memo Amount Paid Total Amount Paid: 626,969.13 SOUTH BURLINGTON CITY COUNCIL Printed: February 27, 2013 Page 2 of 2 VERMONT Department for Children and Families Agency of Human Services Economic Services Division 103 South Main Street (fax) 802-769-2186 Waterbury,VT 05671-1201 www.dc£state.vt.us MEMO TO: Chairman,Boardpf Selectman FROM: Rictard Giddin s,Depufy Commissioner DATE: February 20,2013 SUBJECT: Town Service Officer Appointments in accordance with 33 V.S.A. §2102 The term of office of your present Town Service Officer expires on April 14,2013. Vermont law provides for the appointment for a Town Service Officer by the Selectmen for each town on or before April 15th of each year. The role of the Town Service Officers is helping needy Vermonters to obtain the assistance they may be eligible for through our Division such as Reach Up, 3SqVT(Food assistance)and health care programs. Once you have appointed your new TSO and submitted their information to us,we will update our list of Town Service Officers. I'd like to suggest that you give serious consideration to the following when you consider persons for this appointment: > Does the candidate really know the people of your community? > Is the candidate available to assist members of your community in accessing needed services? > Can the candidate be depended upon to maintain in complete confidence(as required by law)the names of people who are receiving assistance? • To ensure continued availability of a Town Service Officer to assist needy individuals in your community,please provide the name, address,and telephone number of the person named to fill the position as soon as possible. Because the law allows an appointed town service officer to serve simultaneously for more than one town, you might consider making arrangements to share a town officer with an adjacent town. In addition, a selectman may be a town service officer and is expected to act on behalf of the town service officer in his or her absence. Please complete the attached form even if you appoint your current Town Service Officer to a subsequent term and return it by March 29, 2013. If you do not respond by that date,the Town Service Officer currently listed for your town will remain on file in our records and may get telephone calls. Thank you for your assistance. /sa Enclosure How do' es someone become town service officer? What would be his or her duties? Either the selectboard or the Commissioner of Social Welfare may appoint a service officer.A person may serve more than one town simultaneously, so there is no requirement that your town's service officer be a resident of town.A selectperson may act on behalf of the service officer in his or her absence. 33 V.S.A. § 2102(a). The service officer may be an agent for the Department of Social Welfare, as described in 33 V.S.A. § 2102(b).More frequently,they will provide emergency services or support services to people in need. Under the statutes the service officer may find him or herself investigating an applicant's situation,furnishing transportation to remove the person out of state,providing relief for a person"found in a place other than a house,hospital or jail,"or making burial arrangements for a transient who happened to die while in town. Unofficially,many service officers probably act as good samaritans who see a problem and provide or arrange for whatever help is needed. They can be important but unsung town officers. VLCT News,April 2001 33 V.S.A. §2102.Town service officer,appointment,duties,compensation (a)On or before April 15 of each year the selectmen shall appoint a town service officer and notify the commissioner of their appointment.A town service officer may be appointed to serve simultaneously more than one town.A selectman may be a town service officer. The commissioner shall give him a certificate of appointment and contract for his or her compensation. If the selectmen fail to appoint a town service officer the commissioner may do so. In the absence of the town service officer any selectman may act in his or her behalf. Successors of a retired, dismissed, deceased,or removed town service officer shall be immediately appointed by the selectmen of the town under the same procedures as the original appointment. (b)The duties of town service officers are to receive applications for assistance,to investigate, make determinations of eligibility for general assistance, grant from funds advanced to him or her for emergency general assistance and to perform other duties, including such investigations, under the welfare code as the commissioner may direct.(Added 1967, No. 147, § 7; amended 1971,No. 176 (Adj. Sess.), § 2.) SERVICE OFFICER Roles and Responsibilities The town service officer is charged with assisting individuals within the town who require emergency food, fuel or shelter assistance.This official is called upon only when the Vermont Department of Social Welfare is closed on the weekends and after office hours.At these times,the service officer helps individuals in need to obtain the necessary goods and services until the Department of Social Welfare is open. 33 V.S.A. § 2102 et seq. In some communities, the town service officer acts as an advocate for the poor, informing them of social programs that may be available to them and helping them navigate the confusing social welfare system. In other communities, the town service officer is inactive, and is rarely, if ever, called upon to respond to an emergency situation during the weekend or after business hours when state offices are closed. • The town service officer does not have to be a resident of the town and may serve more than one community. As a practical matter, in most towns the service officer is a member of the selectboard. In addition, if a service officer is absent,any selectboard member may act on his or her behalf. • The town service officer receives applications for assistance, investigates to determine eligibility, grants funds advanced to him or her for emergency general assistance, and performs such other duties, including investigations, as the state commissioner of social welfare may direct.33 V.S.A. § 2102. • When an individual contacts the service officer for assistance,the officer must determine if the individual is eligible, and then notify the district social welfare director of his or her findings. Eligibility requirements may be obtained by contacting the Vermont Department of Social Welfare at 800-287-0589. However, if a service officer has reason to believe that an individual who is applying for or receiving assistance came into the state for the purpose of receiving general assistance,the service officer may find that applicant or recipient ineligible for general assistance. 33 V.S.A. § 2107. • The town service officer may provide relief to individuals who may be homeless or who are transients, so long as that individual is not found in a home, hospital or jail. 33 V.S.A. § 2112. • If a person, including a transient, dies and no one comes forward to make funeral arrangements, the social welfare officer or town service officer may be required to make the appropriate burial arrangements. 33 V.S.A. § 2111. VERMONT Department for Children and Families Agency of Human Services Economic Services Division 103 South Main Street (fax) 802-769-2186 Waterbury,VT 05671-1201 www.dcfstatextus . _ TOWN SERVICE OFFICER APPOINTMENT FOR 2013 The following person has been appointed Town Service Officer in for the period April 15,2013,through April 14, 2014: Town/City • Name Address E-mail address Work phone no. Home phone no. Selectboard Member Date Selectboard Member Date • Selectboard Member Date Please return this form to the address below:. — - Afsar Sultana Department for Children and Families Economic Services Division 103 South Main Street Waterbury, VT 05671-1201 • • HEALTH OFFICER Roles and Responsibilities The local health officer is a hybrid position. Although the selectboard recommends an individual for appointment to the position and works with the individual on local health problems, the local health officer is appointed by the state commissioner of health. 18 V.S.A. § 601. In addition, although the health officer is paid by the town, he or she is considered a state employee for purposes of liability insurance coverage and state laws that protect public employees. 18 V.S.A. §§ 602,624. The local health officer performs an important function for the town. He or she is the individual a citizen may call to complain of unsafe conditions in rental housing or on public or private property, or to report a septic failure, or an animal that might be rabid. The health officer must investigate all complaints and has extensive authority to take emergency abatement steps and may enforce any state health regulations and local health ordinances in his or her town. • The health officer serves an appointment of three years, and until a successor is appointed. 18 V.S.A. § 605. Upon written request of the local board of health, the state commissioner of health may appoint one or more deputy health officers for a town. 18 V.S.A. § 601(a). • The health officer serves as the executive officer and secretary of the local board of health, which is made up of the selectboard (or city council)plus the health officer. 18 V.S.A. §§ 604, 605. The local board of health is responsible to make and enforce rules and regulations for the prevention, removal or destruction of public health hazards, and the mitigation of public health risks. These rules must be approved by the state commissioner of health. 18 V.S.A. § 613(a). • The local health officer must inspect all schools and public buildings. 18 V.S.A. § 608. • In the enforcement of its rules and health policies, the health officer and local board of health may call upon law enforcement officers for assistance. An officer who refuses to render assistance when so requested shall be fined up to $200. 18 V.S.A. § 617. • The health officer may go before the state commissioner of health or the selectboard to obtain a health order, or in certain situations, has the authority to issue an emergency health order to prevent or abate an imminent and substantial health hazard or risk. 18 V.S.A. §§ 126, 127. J For more information about the roles and responsibilities of the health officer or local health board,please consult the Vermont Department of Health's Environmental Health Handbook for Town Health Officers, available at your local Health Department district office,or VLCT's Handbook for Vermont Selectboards,Chapter IV,Section B. VLCT Handbook for Vermont Town Officers, 1999 Vermont Department of Health 3 Duties • Investigate possible public health hazards and risks within the municipality • Prevent, remove or destroy any such hazards and to mitigate significant public health risks • Take steps necessary to enforce orders issued 18 VSA § 602 RHR SMITH &COMPANY Certified Public Accountants Proven Expertise and Integrity March 1, 2013 Bob Rusten, Interim City Manager City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Dear Mr. Rusten: We are pleased to confirm our understanding of the services we are to provide the City of South Burlington for the year ended June 30, 2013. We will audit the financial statements of the governmental activities, business type activities, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements of the City of South Burlington as of and for the year ended June 30, 2013. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to accompany the basic financial statements of the City of South Burlington. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board which considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic or historical context. As part of our engagement, we will apply certain limited procedures to the City of South Burlington's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1. Management's Discussion and Analysis We have also been engaged to report on supplementary information other than RSI that accompanies the City of South Burlington's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America and will provide an opinion on it in relation to the financial statements 3 Old Orchard Road,Buxton,Maine 04093 Tel: (800)300-7708 (207)929-4606 Fax: (207) 929-4609 www.rhrsmith.com City of South Burlington Page 2 of 8 as a whole. 1. Schedule of expenditures of federal awards. Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the first paragraph when considered in relation to the basic financial statements taken as a whole. The objective also includes reporting on • Internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts or grant agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. • Internal control related to major programs and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A-133, Audits of States, Local Governments, and Non- Profit Organizations. The reports on internal control and compliance will each include a statement that the report is intended solely for the information and use of management, the body or individuals charged with governance, others within the entity's specific legislative or regulatory bodies, federal awarding agencies, and if applicable, pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of OMB Circular A-133, and will include tests of accounting records, a determination of major program(s) in accordance with OMB Circular A-133, and other procedures we consider necessary to enable us to express such opinions and to render the required reports. If our opinions on the financial statements or the Single Audit compliance opinions are other than unqualified (unmodified), we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as representations contained therein. Management is also responsible for identifying government award programs and understanding and complying with the compliance requirements, and for preparation of the schedule of expenditures of federal awards in accordance with the requirements of OMB Circular A-133. As part of the audit, we will assist with preparation of your financial statements, schedule of expenditures of federal awards, and related notes. You are responsible for making all management decisions and performing all management functions relating to the financial statements, schedule of expenditures of federal awards, and related notes and for accepting full responsibility for such decisions. You will be required to acknowledge in the written representation letter our assistance City of South Burlington Page 3 of 8 with preparation of the financial statements and schedule of expenditures of federal awards and that you have reviewed and approved the financial statements, schedule of expenditures of federal awards, and related notes prior to their issuance and have accepted responsibility for them. Further, you are required to designate an individual with suitable skill, knowledge, or experience to oversee any nonaudit services we provide; and for evaluating the adequacy and results of those services and accepting responsibility for them. Management is responsible for establishing and maintaining effective internal controls, including internal controls over compliance, and for evaluating and monitoring ongoing activities, to help ensure that appropriate goals and objectives are met and that there is reasonable assurance that government programs are administered in compliance with compliance requirements. You are also responsible for the selection and application of accounting principles; for the fair presentation in the financial statements of the respective financial position of the governmental activities, business-type activities, each major fund, and the aggregate remaining fund information of the City of South Burlington and the respective changes in financial position and, where applicable, cash flows in conformity with U.S. generally accepted accounting principles; and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is also responsible for making all financial records and related information available to us and for ensuring that management is reliable and financial information is reliable and properly recorded. You are responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) additional information that we may request for purpose of the audit, and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. Your responsibilities also include identifying significant vendor relationships in which the vendor has the responsibility for program compliance and for the accuracy and completeness of that information. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud or illegal acts affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants. Additionally, as required by OMB Circular A-133, it is management's responsibility to follow up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. The summary schedule of prior audit findings should be available for our review upon request. You are responsible for the preparation of the schedule of expenditures of federal awards in conformity with OMB Circular A-133. You agree to include our report on the schedule of expenditures of federal awards in any document that contains and indicates that we have reported on the schedule of expenditures of federal awards. You also agree to include the audited financial statements with any presentation of the schedule of expenditures of federal awards that includes our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (a) you are responsible for the presentation of the schedule of expenditures of federal awards in accordance with City of South Burlington Page 4 of 8 OMB Circular A-133; (b) that you believe the schedule of expenditures of federal awards, including its form and content, is fairly presented in accordance with OMB Circular A-133; (c) that the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changes, the reasons for such changes); and (d) you have disclosed to us any significant assumption or interpretations underlying the measurement or presentation of the supplementary information. You are also responsible for the preparation of the supplementary information, which we have been engaged to report on, in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (a) you are responsible for the presentation of supplementary information in accordance with GAAP; (b) that you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (c) that the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changes, the reasons for such changes); and (d) you have disclosed to us any significant assumption or interpretations underlying the measurement or presentation of the supplementary information. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective,actions, for the report, and for the timing and format for providing that information. Audit Procedures—General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because of the inherent limitation of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that material or noncompliance misstatements may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or major programs. However, we will inform the appropriate level of management of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential, and of any City of South Burlington Page 5 of 8 material abuse that comes to our attention. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Audit Procedures—Internal Controls Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. As required by OMB Circular A-133, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB Circular A-133. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards, Government Auditing Standards, and OMB Circular A-133. Audit Procedures—Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City of South Burlington's compliance with provisions of applicable laws and regulations contracts and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. OMB Circular A-133 requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs. Our procedures will consist of tests of transactions and other applicable procedures described in the OMB Circular A-133 Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the major programs of the City of South Burlington. The purpose of those procedures will be to City of South Burlington Page 6 of 8 express an opinion on the compliance of the City of South Burlington with requirements applicable to each of its major programs in our report on compliance issued pursuant to OMB Circular A-133. Audit Engagement Administration, Fees,and Other We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any invoices selected by us for testing. At the conclusion of the engagement, we will complete the appropriate sections of the electronic Data Collection Form that summarize our audit findings and submit it to the designated federal clearinghouse. The clearinghouse will provide by email a notification that the form has been submitted to City of South Burlington; however, it is management's responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors' reports, and a corrective action plan) to the designated federal clearinghouse and, if appropriate, to pass-through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors' reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audits. At the conclusion of the engagement, we will provide information to management as to the process for submitting the required information. The audit documentation for this engagement is the property of RHR Smith & Company and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to the oversight agency or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of RHR Smith & Company personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release or for any additional period requested by the federal oversight agency. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. Ronald H.R. Smith is the engagement partner and is responsible for supervising the engagement and signing reports or authorizing another individual to sign them. Our fee for these services will be at our standard hourly rates plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses, will not exceed $20,000, broken down as follows: June 30, 2013 Municipal Audit and Single Audit: $20,000 Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 30 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report(s). You will be obligated to compensate us for all time expended and to reimburse us for all City of South Burlington Page 7 of 8 out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2011 peer review report accompanies this letter. We appreciate the opportunity to be of service to the City of South Burlington and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very Best,(� RHR Smith & Company, CPAs RESPONSE: This letter correctly sets forth the understanding of the City of South Burlington. By: Title: Date: City of South Burlington Page 8 of 8 Bruce D. Norling, CPA, P.C. System Review Report May 25, 2012 To the Owner RHR Smith&Company, CPAs and the Peer Review Committee of the NEPR We have reviewed the system of quality control for the accounting and auditing practice of RHR Smith & Company, CPAs in effect for the year ended September 30, 2011. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants. The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Our responsibility is to express an opinion on the design of the system of quality control and the firm's compliance therewith based on our review. The nature, objectives, scope, limitations of, and the procedures performed in a System Review are described in the standards at www.aicpa.org/prsummary. As required by the standards, engagements selected for review included engagements performed under the Government Auditing Standards. In our opinion, the system of quality control for the accounting and auditing practice of RHR Smith & Company, CPAs in effect for the year ended September 30, 2011, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass, pass with deficiency(ies) or fail. RHR Smith&Company, CPAs has received a peer review rating of pass. Bruce D. Norling, CPA, P. C. 410 Boston Post Road, #24 • Sudbury, MA • (978) 443-9114 lQ Sanford Miller 752 Terrace Drive Williston, VT 05495 February 25, 2013 Via e-mail Mr. Robert Rusten Temporary Interim City Manager South Burlington City Hall 575 Dorset Street South Burlington, VT 05403 Dear Bob: I am requesting the production of certain public records and documents, as more specifically detailed herein pursuant to the Vermont Public Records Act("hereinafter"PRA"), 1 VSA Chapter 5, §§315 et seq. I am writing to you because I have reason to believe that as Temporary Interim Manager for the City of South Burlington("City") you are the custodian of the public documents and records I would like to review. If I am incorrect, and you are not the custodian of some or all of the records sought herein, I ask that you forward this request to the appropriate person in the organization and so advise me. As used herein the terms "public documents", "public records", "documents", and "records" mean any written or recorded information, regardless of physical form or characteristics, which were produced or acquired in the course of public agency business. The terms include, but are not limited to, any and all electronic and/or digital communications transmitted over or through the email system or servers maintained by the City of South Burlington, whether originating form a private source or not. In the event you (or such other Custodian as may be identified) withholds any public record or document pursuant to one or more of the exemptions provided in 1 VSA §317(c) you shall so certify in writing. Such certification shall identify the records withheld and the basis for the denial. A record shall be produced for inspection or a certification shall be made that a record is exempt within three business days of receipt of this request, unless otherwise provided in subdivision (5) of 1 VSA §318(a). The certification shall include the asserted statutory basis for denial and a brief statement of the reasons and supporting facts for denial. 1 In the event you determine that a record or document contains both public and confidential information as defined by the PRA I ask that you redact the confidential information and provide the document in that form. As used herein, the term "City Councilors"means the members of the City Council of the City of South Burlington as of January 28, 2013. Please produce the following public records and documents: 1. Complete copies, including attachments, of all "City Manager Notes"provided by Sandy Miller to members of the City Council in their City Council packets during the term of his employment as City Manager. 2. Complete copies, including attachments, of any and all "City Manager Updates"provided by Sandy Miller to members of the City Council in their City Council packets during the term of his employment as City Manager. 3. Copies of any and all documents or records referenced, reviewed or relied on in any way by any Member or Members of the City Council (either individually or as a group) in the course of evaluating Sandy Miller's job performance for the period ending January 31, 2013. 4. Records of all communications between two (2) or more Members of the City Council in which Sandy Miller was discussed or referenced in any way, including but not limited to electronic messages and information exchanged through media such as email,twitter, text messages and the like, during the period beginning February 1, 2012 through February 11, 2013. 5. Records which document or reference any decision by the City Council of South Burlington to place City Manager Sandy Miller on a leave of absence, as well as any and all records which document the implementation of that decision. 6. Records which document or reference any and all decisions by the City Council of South Burlington to relieve City Manager Sandy Miller of his official duties, as well as any and all records which document the implementation of that decision. 7. Records which document or reference any and all decisions by the City Council of South Burlington to terminate City Manager Sandy Miller. 8. Records which relate in any way to any decision by the City Council of South Burlington to terminate City Manager Sandy Miller's access to the interne, email and computers system maintained by the City of South Burlington prior to his termination on February 5, 2013, as well as any and all records which document the implementation of that decision. 2 9. Records of any and all communications between any employee (or any group of employees) of the City of South Burlington and any Member of the City Council of South Burlington during the period October 1, 2011 through February 11, 2013 which relate in any way to Sandy Miller. 10. Records of any and all communications between any citizen(or any group of citizens) and any Member of the City Council of South Burlington during the period February 1, 2012 through February 11, 2013 which mentions, refers or relates to City Manager Sandy Miller in any way. 11. Copies of the work sheets used to record Council priorities during the work session conducted by Steve Jeffrey in 2012. 12. Copies of any and all notes taken by each member of the City Council during any executive session of the City Council during the time period February 1, 2012 through February 11, 2013. 13. All records which contain directives or instructions to any third party (including but not limited to employees or contractors of the City of South Burlington) by a member or member of the Council with regard to: a. Relieving City Manager Miller from his official duties; and b. Terminating City Manager Miller's access to the computer email system and servers maintained by the City of South Burlington. 14. Documents received by any member of the South Burlington City Council from any citizen or group of citizens of the City of South Burlington relating in any way to Sandy Miller, including but not limited to his performance as City Manager, during the period Octoberl, 2011 through February 11, 2013. 15. All documents reviewed or relied on by City Councilor Rosanne Greco to support the positions and statements attributed to her in the document entitled "South Burlington City Council, City Manager Evaluation"dated January 26, 2013. 16. All documents reviewed or relied on by City Councilor Helen Riehle to support the positions and statements attributed to her in the document entitled"South Burlington City Council, City Manager Evaluation"dated January 26, 2013. 17. All documents reviewed or relied on by City Councilor Sandra Dooley to support the positions and statements attributed to her in the document entitled "South Burlington City Council, City Manager Evaluation"dated January 26, 2013. 3 18. All documents reviewed or relied on by City Councilor Paul Engels to support the positions and statements attributed to her in the document entitled"South Burlington City Council, City Manager Evaluation" dated January 26, 2013. 19. All documents reviewed or relied on by City Councilor Pam Mackenzie to support the positions and statements attributed to her in the document entitled"South Burlington City Council, City Manager Evaluation"dated January 26, 2013. 20. All documents transmitted or exchanged between any member of the City Council and any member of the media(including but not limited to print, on-line and television media) during the period January 1, 2012 through February 22, 2013. 21. All emails and other documents between City Manager Miller and members of the City Council during the term of his tenure as City manager. 22. All emails and other documents between members of the City Council and other persons (including but not limited to South Burlington staff members, contractors, and interested citizens)related in any way to the adoption of Interim Zoning or the decision to adopt Interim Zoning. To the extent feasible I request that the documents and records requested herein be provided in electronic format. Best personal regards, /s/Sanford"Sandy"Miller 4 February 28, 2013 VIA ELECTRONIC and FIRST CLASS MAIL Sanford I. Miller 752 Terrace Drive Williston, VT 05495 RE: Public Records Act Request Dear Sandy: On the afternoon of Monday, February 25, 2013, you e-mailed to me, as Custodian of the City records, a request pursuant to the Access to Public Records Act to inspect certain materials you believe to be public records or public documents. That request was received by me on Tuesday, February 26. We have begun our efforts to evaluate and prepare a formal response to your request. I have also shared your request with legal counsel. However, your request implicates a significant volume of separate and distinct materials not all of which are located at City Hall or on City property. These materials need to be collected, if possible, and examined to determine whether they are or are not subject to public inspection. Also, I will consult with legal counsel to help inform my decisions about whether the requested materials are or are not subject to inspection. These are "unusual circumstances" under the Act justifying an extension of the applicable timelines. Under advice from our legal counsel I am hereby extending the timelines under the Act as permitted; I does not anticipate making any of the requested materials available for your inspection any earlier than Monday, March 11, 2013. Additionally, you are aware that the City is entitled to be compensated for time required (after the first 30 minutes) to search for, identify, collect and to process materials in connection with a PRA request and the costs of producing responsive materials. The City intends to track its time in connection with your request and to the cost of producing non-exempt materials responsive to your request. If you wish to modify or withdraw your request, please advise me of that decision as soon as possible. Sincerely, Bob Rusten, Interim City Manager Sanford Miller 752 Terrace Dr. Williston, VT 05495 March 1, 2013 RE: Public Records Act Request— Sent Via E-mail Bob Rusten Temporary Interim City Manager City of South Burlington Dear Bob: Thank you for your letter of February 28, 2013. I recognize that the Vermont Public Records Act allows a municipality or other public entity, in certain cases,to recover some of the cost of complying with a public records request. However, I do not agree that South Burlington is "entitled"to do so in this case. To my knowledge, South Burlington has never levied charges against any other person who has made a public records request. If South Burlington has levied such charges can you give me any examples of when time has been charged for such an inquiry? Additionally, can you provide a copy of the City's schedule of charges and indicate where such schedules are posted, as required by 1 VSA §316(e)? Most of the documents I requested clearly fit within the definition of`public records or documents" and do not require review or analysis; they merely require that someone copy them. I am willing to come to City Hall to pick the documents up when they are available. The documents which may require review and analysis are most likely to be the emails authored by members of the city council. Those emails may well contain evidence that City Councilors violated the public meeting laws when I was removed from my role as City Manager,placed on paid leave, and excluded from access to electronic files and documents. Thus, I find it disturbing, albeit not surprising, that the City Council is attempting to intimidate and dissuade me from pursuing evidence of its wrongdoing by threatening to charge me for the cost of these public records. Please understand that I do not blame you personally for this state of affairs. I understand that you are simply the messenger. Nevertheless,please convey to the Council my sincere belief that its attempt to punish and retaliate against me for simply seeking the truth about what happened will, in the end, reflect poorly on them and the City. Per 1 VSA §316(b)please provide me with an estimate of the anticipated costs prior to continuing with any search/review related to my public records request. Additionally, please acknowledge receipt of this e-mail by reply. Thank you. Sincerely, /s/Sandy Miller March 5, 2013 VIA ELECTRONIC and FIRST CLASS MAIL Sanford I. Miller 752 Terrace Drive Williston, VT 05495 RE: Public Records Act Request Dear Sandy: By this letter, and following advice from our legal counsel, I am acknowledging your request that we provide an estimate of the costs to search for and review, and make available to you non-exempt"public records" responsive to your request "prior to continuing with any search/review related to my public records request". The effort to generate such an estimate has begun. Based on your letter (quoted above) we understand that the timelines for responding to your records request are suspended until the cost estimates are provided to you. I am told that the City has recently levied charges for a PRA request when the requested material was so comprehensive that considerable time and effort was devoted to identifying, locating, collecting, and reviewing potentially responsive materials, and when the number of disclosed materials was quite voluminous. I will discuss your March 1st letter with the City Council. Tentatively, Council has a meeting scheduled for March 11, 2013. I will let you know after that date the results of the Council's discussion. The City, not having adopted its own fee schedule, relies on the schedule promulgated by the Secretary of State. A copy of that schedule is available on-line at the Secretary's webpage. Sincerely, Bob Rusten, Interim City Manager COLLECTIVE BARGAINING AGREEMENT .....:.......... .. .................._........ .. .............................._._.... . .................................. .. ..................... between THE CITY OF SOUTH BURLIx; x ICI, T and .,,.,: THE SOUTH BURLINGTONC ER FIREFIGHTERS' ASS :: I = 7 ON LOCAL 3671 , INTERN A TI % A L ASSOCIATION OF FIRE FI .x ' R , AFL-CIO EFFECTIVE DATES: 7/1/2012-6/30/2015 TABLE OF CONTENTS ARTICLE DESCRIPTION PAGE Preamble 2 1 Recognition 3 2 Non-Discrimination 3 3 Dues Deduction 3 4 Association Business and Officers 3 5 Management's Rights 4 6 Employees' Rights 7 Grievances, Arbitration & Investigations 8 Hours of Work 9 Compensation 10 Overtime - 13 11 Holidays 15 12 Leave Time 16 13 Training and Education 20 14 Uniforms and Equipment 22 15 Insurance and Retirement 23 16 Promotional Process 25 17 Health and Safety ``'" ' 27 18 Miscellaneous - 29 19 Prior Benefits & . ion of Rights 30 Signature Page 31 ADDENDUM DESCR.r ON 1An�;3 si- of Compression Steps and Pay Grids; Compression e• :..::::::..:. • ... 2 a"' +I- Resume APPENDIX D SCRIPTION A Job Descriptions B Work Schedule Smoking Statement Overtime Schedule City Rules and Regulations 1 CITY OF SOUTH BURLINGTON CAREER FIREFIGHTERS ASSOCIATION IAFF LOCAL 3671 This Agreement is made and entered into by the City of South Burlington, Vermont (hereinafter referred to as the City) through its representatives duly authorized to act for said City, and the South Burlington Career Firefighters' Association IAFF LOCAL 3671 (hereinafter referred to as the Association or Union) through its representatives duly authorized to act on behalf of said Association. The City and the Association ag.:-e as follows. PREAMBLE It is the purpose of this Agreement to achieve and maintain har • ni.l`':; `ations between the City and the Association without interruption or i = ` e with the operations of the City; to prevent interruption of services; t or fair, equitable and peaceful adjustment of differences which may arise. . d ablish mutually agreeable standards of wages, hours, and other conditioof - ployment for employees covered by this Agreement. The City, through its Manager, the Manager's i -si. -rr, the City Council, or any Council Member, shall not negotiate with, nor make ind - ` agreements with employees or groups of employees cover by this Agreem 2 ARTICLE 1 RECOGNITION A. The City hereby recognizes the Association as the exclusive bargaining agent for all uniformed positions of the South Burlington, Vermont Fire Department including the rank of captain and below, who has completed their initial probationary period, in accordance with the Vermont State Labor Relations Certification dated May 18, 1992. B. Whenever the term "employee", "firefighter", "swing firefighter", "senior firefighter", "lieutenant", or "captain" appears herein it is understood that it refers to regular full-time.,;. employees of the City and are persons covered under this Agreement. C. To differentiate between shift employees and daytime employees, wheneverf,"shift employee" appears herein, it refers to a regular schedule of 53 hours plus 3 A o -rtime per week. Whenever the term "administrative employee" appears herein, it ref- -aular schedule of 40 hours per week. ARTICLE 2 NON-DISCRIMINATIO No employee covered by this Agreement shall be discr.Fi;,. edx-' ainst by the City or the Association on the basis of race, creed, national ori..- a sexual orientation, age, disability, political affiliation, Association activity or up.. , the Association. RTI E; 3 D DE 1. CTION A. The City agrees to deduct an x...o t e.x al to Association dues, as are determined by the Association, from the pay of e .lo =:::signing a dues deduction authorization form. B. Said deductions will b- `+`re b e City from the weekly pay of employees and will be remitted weekly by the City to - account designated in writing by the Association. C. Regardless of e brsh p status, all employees who benefit from the items negotiated under this Agr- sh I be subject to paying costs to the Association related to negotiating. ARTICLE 4 - ASSOCIATION BUSINESS AND OFFICERS A. The ' ssociation agrees to provide a list of its officers to the City, and to notify them of any changes. B. The City shall make every reasonable effort that the duties of the Association's negotiating team be arranged so that they may attend collective bargaining sessions without loss of pay or benefits. 3 C. The City recognizes that due to the conditions of employment, i.e. working hours, it hereby grants the Association the right to conduct business on the premises of a fire station within the City for the purpose of meetings as deemed necessary by the Association, with prior knowledge of such meetings made known to the Fire Chief. Absent the permission of the Fire Chief, meetings will be held outside of scheduled work hours, i.e., 8 a.m.-4 p.m. (excluding lunch). D. With the permission of the Fire Chief, employees on duty shall be permitted time for the purpose of conducting Association business. E. The City agrees to provide the Association with copies of departmental job description below the rank of Chief (Appendix A), pay scales of all uniformed positions below the r- ;- of Chief (Addendum la-c), one (1) bound copy of this contract for its official files, seve '') r ;.ies of this contract (one for each shift and each Executive Board member), and one 1 e : tro c copy of this contract for each employee covered under this Agreement. F. Space shall be provided in the fire stations for bulletin boards, which m- Ej`-i,_s-• by the Association for the purpose of posting notices of meetings and any other s ',;-cx 'that may be of interest to its members. ARTICLE 5 MANAGEMENT'S RI :-T`°" x 40. A. Except as specifically limited by an express provi- • qi Agreement, the City reserves and retains all rights granted by law, including the t ity' rter adopted February 1, 1971, and customarily belonging to or exercised by publi ma ` -- R ent. Such rights include, but are not limited to, the following: • To determine the mission, . d•-t, ann policy of the Fire Department • To determine the organi -do if t' - Fire Department, the number of employees, the work functions, and th. to no` sy for performing them • To determine the n,,,_q be ` pes, and grades of positions of employees assigned to a work project, t.:4 a uty, or to any location, task, vehicle, building, or station To determine t e eth•.s, means, and personnel by which the Fire Department operations .re to b- •-rried on • To manage ect employees of the Fire Department • To m.:.*tain d improve orderly procedures and the efficiency of operations • To e, -.mite and assign employees To te'° sorrily reassign employees and to detail employees to other shifts and other ...................... • ` -`"'+ .th two weeks' notice • •-termine the equipment to be used in the performance of duty, provided such e ipment is fire rated and tested, and to determine uniforms to be worn in the erformance of duty To determine the policies affecting the firing, promotion, and retention of employees, consistent with the specific provisions of this Agreement. • To establish qualifications for ability to perform work, including mental health qualifications • To take whatever actions may be necessary to carry out its responsibilities in situations of emergency 4 B. Except as expressly provided by a specific written provision of this Agreement, the exercise of the aforementioned rights shall be final and binding and shall not be subject to the grievance provisions of this Agreement. The failure to exercise any management rights shall not be deemed a waiver. If reasonably possible, prior to the exercise of any management right under this Article the Fire Chief shall provide the Association written notice of such intended exercise of a claimed management right. The Association shall be entitled to file a grievance in accordance with the Agreement to obtain a determination whether the requested exercise of a management right is within the scope of any provision of the Agreement. ARTICLE 6 EMPLOYEES' RIGHTS A. Employees have and shall be protected in the exercise of the right, freely d?t1Qut fear of penalty or reprisal, to join and assist the Association, freedom to participat,- i e nagement of the Association and acting for the Association in any official capacity, in .in e right to present Association views and positions to the public. B. Any employee who is eligible to join the Association shall hay- ---'choice of doing so. C. Any employee shall be given and have access to their own a_-rs.; nel file at reasonable times during normal office hours. D. New employees shall have a twelve-month prob do -:;.:.y -riod. After six months the employee may be represented by IAFF except in t x casi of a termination hearing. E. Seniority shall be defined as follows: 1. Departmental Seniority: length .';;ti, - ,•f continuous full-time service as an employee of the Fire Department starting width-'' day of work. a. Departmental senior will `= used in determining salary placement and promotions, but willFo b- - sole determining factor for promotions. b. An employer•. ho is `-nsferred or promoted out of the bargaining unit shall contin e t• - :-e departmental seniority. c. Dep- R- -I eniority shall prevail with regard to scheduled overtime, vacation : e, "-II other leave time, and layoffs. 2:::4aa =• Unit Seniority: length of full-time continuous service in the Fire Department as mt* b-- of the Association bargaining unit. . If an employee is transferred or promoted outside the bargaining unit, the employee will continue to accrue bargaining unit seniority during the transfer/promotional probationary period in the event said employee returns to the bargaining unit during that time. Once said employee's probationary period is over, all bargaining unit seniority is forfeited. b. In the event of a reduction in the staffing level of the bargaining unit, the occupant of an eliminated position shall be eligible to fill any other bargaining unit position for which such employee is qualified and where such employee has greater seniority. 5 3. All leaves of absence granted by the City shall be considered part of an employee's continuous service, not to exceed a period of one year. 4. The City will post a departmental seniority list and a bargaining unit seniority list in the Fire Department no later than August 1 of each year. 5. Bargaining unit seniority shall be based on the present status of departmental seniority as it now stands, pursuant to Article 6, Employee Rights, Section E, Seniority, Subsection 1, and Departmental Seniority, of this Agreement. F. Discipline and Discharge 1. An employee who has completed the probationary period and becomes a e u ful'- time employee shall not be disciplined, suspended or discharged except f j e. Just cause is defined as described in the Personnel Rules and Regulations th Ci nder Article X Section 10.1 (Dated February, 2009). 2. Before a discharge or suspension the employee affected sha + i- ed with a written copy of the charges against him/her. A concurrent coed o th, harges will be furnished to the Association if the employee so desires n.x: m:- ing with the City Manager or his designee, at which time the charge il;:.- slained. 3. Investigative interviews shall be conducted in a - •.=nce + ith Article 7, Section K. When, during the course of an investigative r ':;;;;. , e City believes that an employee's job is in jeopardy, the City will so i or z employee. Employees so requesting shall have the right to representatio o the Association, providing that no such investigative interview shall be de :_;• for an unreasonable time agreed upon by both parties because the Associati;' r-presentation was not available. Article 7, Section K shall prevail for invest.ations. 4. When an employee is sub.ect o • - ...Unary action, every effort will be made by the City to interview the employee i =;,;son without loss of pay or benefits. 5. Corrective disciplin acti._, hall be followed as a matter of policy as outlined in the Personnel Rules and`"e•`;; .tions of the City under Article X, Section 10.2 (Dated February, 2009) - Disciplina tern- ives. When, in the supervisor's judgment, employee performance, :Y: itu ", •rk habits or personal conduct at any time fall below a suitable level, the s + - iso -hall inform the employee promptly and specifically of such lapses and give cou ar4;;;.ssistance. If appropriate and justified, a reasonable period of time for impro a be allowed before initiating disciplinary action. In some instances, a spe is ci ent may justify severe disciplinary action in and of itself. However, the action to pends on the seriousness of the incident and the whole pattern of the rem 's past performance and conduct. G. Ems .yees covered under this Agreement shall have the right to seek and accept employment during off-duty hours, so long as it does not interfere with their responsibilities as an employee of the South Burlington Fire Department. H. Employees shall have the right to reside outside the City limits of South Burlington. I. Employees shall have the right to waive the two (2) week notice by Management for reassignment and/or detail to other shifts/duties. 6 ARTICLE 7 GRIEVANCE, ARBITRATION & INVESTIGATION PROCEDURES A. Any grievance or dispute which may arise between parties regarding the application, meaning or interpretation of this Agreement, or a claim that the City has taken disciplinary action without just cause, shall be settled in the following manner unless an alternate procedure is agreed upon by the parties. 1. STEP 1: The Association Representative, with or without the aggrieved employee, shall present the grievance in writing to the Chief of the Fire Department or his designee hin seven days of the date of the grievance or his knowledge of its occurrence. The r— hief or his designee shall attempt to adjust the matter and shall respond in writing t•` +e - Association Representative within seven days of the presentation of the gri= 2. STEP 2: If the grievance has not been settled in a manner satisfacte ` ,•' ` _ -employee, it shall be presented in writing to the City Manager or his designee wi"'`'; s=:. (7) days of the Step 1 response. The City Manager or his designee shall hal h_ on the grievance. If any employee is required or requested by the Cit `°'-sent at such a hearing they shall be paid at their normal rate of pay. Empl r ''-ntitled to be represented at all such hearings by an Association Repr-y_ to nd/or legal counsel. The City Manager or his designee shall give his answe i i within seven (7) days after receipt of the Step 2 grievance. 3. STEP 3: If the grievance has not been settle, in 'te. , the Association employee may request in writing, within seven (7) days of the -tep esponse, a hearing before the City Council. Said hearing may be public, or in -.ec : :.. `session, at the employee's election. In the absence of an employee, the Associatik` `j►- request an executive session to be held within fourteen (14) days of receivin•:.he Sty . 3 appeal. The City Council agrees to provide an answer in writing within seven .x .-y. a er said hearing. 4. STEP 4: If the grievance i-:x..of -ettl d in Step 3, the Association or employee may request arbitration. Writtei oti ust be given of the intent to arbitrate within fifteen (15) days after the reply of tr_'C ; Council is due, as set forth in Step 3. B. Arbitrable issues ar- only th e which meet each and all of the following tests: 1. The issue:-lust hve gone through the grievance procedure outlined in this Agreement. 2. All time its %x thin the grievance procedure itself must have been observed, unless exte utual consent of the parties. is Cie of arbitration shall be the threshold issue to be decided by the arbitrator. C. Th '' ;,.:llowing are specifically defined as being non-arbitrable. 1. Salary adjustments except grievances claiming improper application to individuals at established rates. 2. The exercise by the City of any of its functions as set forth in Article 5, Management's Rights, except grievances regarding just cause for suspension, demotion, discipline or discharges or promotion, as well as disputes between the parties as to the meaning or application of specific provisions of other Articles of this Agreement. 7 D. If the Association desires to submit an issue to arbitration, it shall forward to the Chairman of the City Council, with a copy to the City Manager, a written notice of intent to arbitrate. This notice shall state the matter at issue and shall state in what respect the Agreement has been violated by reference to the specific provision(s) relied upon. The notice shall also stipulate the nature of relief or remedy sought. E. Within fourteen (14) days after the date of delivery of the foregoing notice the parties will ask the American Arbitration Association to submit a list of seven (7) arbitrators. Representatives of the City and the Association shall determine by lot the order of elimination and thereafter each shall, in that order, alternately strike from the list three (3) names each and the seventh ( ,;;h) and remaining name shall become the arbitrator. Nothing herein shall prevent the parti- from agreeing on an impartial person without going through the aforementioned process. F. After the Arbitrator has been picked by the aforementioned procedure; he s e ith all members present, hear the evidence of both parties, and render a decision o tl G. A separate Arbitrator shall be appointed to hear each grievance that ha.''__-e appealed to arbitration unless the parties agree in writing to present more than o '-; = "' e to the same Arbitrator. H. The time limits specified here may be extended by mutua o e a• the parties or by the Arbitrator. Failure by the Association to meet the time limi sp_';;,.fi-d shall result in the grievance being declared null and void. Failure by the , me the time limits specified shall automatically move the grievance to the next step. If o c u: ion of a hearing is agreed to, five (5) days' notice of any continued hearing will b:; gi tR`the parties. I. The Arbitrator shall agree to render a decisio .; in hirty (30) days after the completion of taking evidence. J. Each party shall bear the expense ; ' ' -•resentatives and witnesses. The fees and expenses of the Arbitrator shall be bo e sally by both parties. K. Employee Investigation Pr ures To ensure that depa e I investigations involving an employee covered under this contract, where a F-:+••lai could result in any disciplinary action, except verbal reprimand of said emplo -, : "' ' ducted in a manner that is conducive to all parties involved, the following ru hall '- adhered to: 1. The:;:: :_• e ployee shall be notified of the allegations and advised of his/her right to Uni' r-° resentation. The employee may waive their right to Union representation with eF + ` e to the City and the Union President. There shall be privilege between the e p ;;: - and their Union representative. ihen an employee is the subject of a departmental investigation, the Union President or designee shall be advised prior to any investigative questioning of the employee. 3. When an employee is to be interviewed as a witness in an investigation of another employee, the Union President or designee shall be advised prior to the investigative questioning of an employee as part of a departmental investigation. Witnesses may request confidentiality and their names shall be omitted from any material supplied to the employee or the Association. 8 4. All investigations shall occur in a timely fashion as to limit disruption of the work environment. Employees shall have up to (48) hours to obtain Union representation and/or legal counsel. Said representation and/or counsel shall be available at all times during an interview unless waived in writing by the employee. 5. An employee shall in no way interfere with or attempt to influence an investigation. 6. The subject employee and the Union shall be entitled to request a report on the status of the investigation once every thirty (30) days from the start of the investigation. The City shall provide such report within three (3) working days of such request. 7. An employee shall be entitled to transcripts of taped statements (or be entitled .''' ;;..ten to the tapes if the statements are untranscribed) and copies of written statements - ior t '' Re completion of an internal investigation so that the particular employee woul•;;;-,,;:- opportunity to respond to the statements. 8. Upon completion of any investigation that results in disciplinary act ,..." ;- ployee shall receive a copy of the final report. The Union President shall Iso 'e a copy of the final report if the employee is represented by the Union. The fi►. all contain all findings of the investigation, including but not limited to any R;i itt_+ pe recorded material facts of the matter. 9. Article 6, Section F and Article 7 shall be used for - F. •``°:.i'°`ne and discharge of an employee. The employee shall have all the rights ,;. _-.. for grievance of any discipline or discharge due to an investigation. 10. Investigations shall be conducted by t e Fi ` y . -f or an outside agency. 11. If there is a possibility of criminal chargresulting from an investigation, employees shall be provided Garrity Warning x ' ARTICLE 8 --::. HOURS OF WORK A.(1) The shift employ-e work`' le will consist of twenty-one (21) consecutive days. Employees will work a = -,;..led one hundred sixty eight (168) hours during each twenty-one (21) day cycle on .3 sch=.ul_ providing twenty-four (24) consecutive hours of work, followed by forty-eight (48 ••n--::-cut.` e hours of time off, for an average of fifty-six (56) hours per week. A.(2) The F :`;:;_.' _=-tive employee work schedule will consist of Monday thru Friday, 40 hours per we- B Puri -:'periods of full compliment, the normal shift employee's work day will consist of one (1 sh °;;.•f a twenty-four (24) hour duration with the tour of duty beginning at 08:00 hours on a daily b-sis. A shift of nine (9) personnel will normally consist of one (1) Captain and five (5) Firefighters assigned to Station 1 and one (1) Lieutenant and two (2) Firefighters assigned to Station 2. All Shifts will remain at a minimum of eight (8) personnel at all times. All three shifts will be allowed to have a maximum of one (1) employee on vacation or compensatory leave time in order to ensure eight (8) personnel on duty at all times. 9 B.(2) The administrative employee's normal workweek shall consist of forty (40) hours, Monday through Friday. The actual time worked can be flexible at the discretion of the Chief, to fill the 40 hours per week. The administrative employee shall not be counted toward the minimum staffing levels set forth in Article 8 B(1). C. Hours worked shall include all time spent in departmental matters including training time, departmental committees, vacation time, sick time, personal leave, bereavement leave, educational leave, military leave, court time and compensatory time. D. All leave time taken counts as time worked. E. Exchange Time (Shift Swapping) 1. Employees will be permitted to substitute for one another during assign i . Advance approval of any such exchange of time shall be given by the F. i r the shift supervisor. Individuals who make such exchanges of time shall beco r o ible for all duties required on the new shift as if originally scheduled. All exchang f e shall be limited to a maximum of three (3) shifts (72 hours) owed to any . e. Employees that are substituting for another employee will be considered on ..::.- y:-n vered under all City benefits and insurance. 2. Should an employee terminate their employment e:.:.: er' +IuE arily or involuntarily, the City shall not be held liable for any time owed to th:: - .lo --e by any other employee. 3. Administrative employee is not eligible for = ch +- ime. F. Light Duty Assignments 1. Establishment Employees on light duty assign -r, not be counted toward the minimum staffing levels as per Article 8 of th.: - ent. These positions shall be filled by employees whose prognosis has be -term ed by a physician that said employee is expected to fully recover and returF • ful fighting duties or other normal duties as per the job descriptions and pro io •f this agreement 2. Type and ` •rk The light = y a •nments shall be limited to that which is medically appropriate and which contra• - i. a eaningful way to the city. The light duty assignment shall be performed in a 4 o► wor week. Management shall make every effort to be flexible in scheduling the 4 • week to accommodate employee issues. Se_e gth of Light Duty Assignment At least 24 hours prior to the commencement of light duty, the city will communicate to the Union and employee the details as to the start of the light duty assignment including location, duties and hours of light duty. 4. Employee's Eligibility for Light Duty An employee who is injured, and/or unable to perform his / her normal fire fighting duties may be assigned a light duty assignment upon examination and report by a physician that said employee is capable of performing light duty. The Union and the City shall mutually 10 agree upon the physician that will perform the employee's examination. Light duty assignments shall be as follows: a) When an employee is injured and/or unable to perform his/her normal fire fighting duties and the cause of his/her inability to perform the normal firefighting duties is work-related, light duty shall be implemented as follows: • If the light duty to be performed is within the typical functions of the fire department then the employee shall be required to perform the medically approved light duty. • If the light duty to be performed is not within the typical functions of the fire department then the employee and the Union shall have to agree to the .t d assignment. If the employee agrees to the medically approved ligh` assignment, Union agreement shall not be unreasonably withhe' b) An employee that is unable to perform his/her full duties as a iLL `g ; off-duty injury or illness may voluntarily choose to accept and perfo ` illy approved light duty assignment. The nature of the assignment as et date when the light duty assignment will start shall be mutually agre= u• iween the City and the employee. All other conditions of the light duty,^ t shall be pursuant to this agreement. An employee shall not suffer an ,,;`~ o impact for not volunteering to work light duty. 5. Compensation 149 An employee who completes a 40-hour p 0 hour p 44,0 ,L duty assignment will receive com ensation and benefits as if said em I erformin their re ular and assi ned duties prior to the injury. If an empee co letes a workweek less than 40 hours, the remainder of the 40 hours can bF eme ted by sick leave at the employee's request. 6. Return to Full Duty Once an employee has --e e,, ally cleared by the mutually agreed upon physician to return to full duty, sai- - •lo shall return to the rank/ position /shift to which said employee was a led p - to the injury, unless while on light duty assignment, said employee has ' h . mooted. G. The repre e ativ- ) from the Association to the Professional Fire Fighters of Vermont shall be allowe• -= - .• meetings of the Career Association as part of their assigned duties as long as ade a ift coverage is available. ex e of the work schedule is appended to this Agreement (Appendix B). No e' ployee shall work more than 72 hours consecutively. An employee may work more than 72 consecutive hours only upon the approval of the Chief or shift leader, in the Chief's absence. ARTICLE 9 COMPENSATION A. Salaries 11 1. For the duration of this contract, Association employees are to be compensated in accordance with Addendum No. 1 to this contract. Compensation reflected in Addendum No. 1 is based on the step compression schedule in Addendum No.1. The adjustment will be calculated from the rate in Addendum No. 1. In the event that an employee's retroactive calculation shows a refund due to the bonus provision in Article 9 Section A.2, the City shall not require reimbursement. Addendum No. ; will reflect a 2% pay increase that will tak : Effective July 1, 2012, all employees covered under this agreement shall receive a cast of living (COLA) wage increase of 2%. Effective July 1, 2013, all employees covere. der this agreement shall receive a cost of living (COLA) wage increase of 3%. Effe. e 1: 2014, all employees covered under this agreement shall receive a cost of living ( ' . ........._._ ................. wage increase of 4%. These increases shall be applied to the pay grid as developed by the City and the Union no later than 60 days prior to the e "eck' e lary increase for each year. 2. For the duration of this agreement, employees shall progress = + ,' t 'e step longevity of the pay plan as listed in Addendum No. 1 of this agreeme "rio':t. adjustments being made, the City will produce a detailed summary of the ste. - `' ea of service of each employee covered in this agreement, which will be reviee• •y`` :• Union President. 3. Employees who have exceeded the City's pay p yo `R step 25 shall receive an additional 3.5% wage supplement above step 2 a a lump sum in the first pay period in December of each year to which it a lie . T shift employee's wage supplement will be calculated using 53 regular s t ree overtime hours. The administrative employees wage suppleme ..;;; I e calculated using regular 40 hours. 4. All payments for time worked shAwe by t. ect deposit to any banking institutions accepting ACH /wire deposits. '- my 1, 2014, employees covered under this agreement shall be paid bi-wee to implementation of bi-weekly pay, the Union and the City shall agree on pre i plementation. If significant patterns of payroll problems are occurring • • to th- tart date, management will delay implementation until the problems are res B. Temporary Service ` ;;; Hig r Rank .......... 1. An empl' i-e sh ,: hold the rank of Senior Firefighter to assume the responsibilities of the Lieut- +-nt ;;;: tation No. 2. 2. If we"-- isna an officer on-duty at Station No. 2 on the day of the shift, a Senior .-fie.,ter ill assume the responsibilities of the Lieutenant at Station No. 2. The shift • -per shall assign a Senior Firefighter to this position if more than one Senior efi. ter is on duty. 3. If no officer is on duty the day of a shift, an officer shall be hired to fill in as the Shift Commander. C. Regular Rate of Pay 1. The hourly rate for shift employee is based on the employee's salary for a single 21-day work cycle divided by 159 hours. 2. The hourly rate for an administrative employee's is based on the employee's salary 12 for a single week divided by 40 hours. 3. Pay grades shall be as follows: Firefighter Grade 10 Senior Firefighter Grade 11 Lieutenant Grade 12 Fire Captain Grade 13 4. Weekly compensation shall consist of 53 hours paid at the employee's regular ra :- •f pay and 3 hours at the employee's overtime rate for shift employees. D. An employee called into work outside the regular scheduled shift shall be pai•;. * - -ri•d of not less than the following minimums 1. Non-emergency call-back 4 hours 2. Court time 2 hour 3. Department meetings, committee meetings, training and fire prevention 4. Emergency calls rs E. Mileage Reimbursement 1. Employees shall be reimbursed for mile : . •-n they are traveling to and from any authorized function or training sessio outsi je t e City of South Burlington when using their personal vehicle if a City vehicle c.; n wt be • ovided. 2. Mileage shall be reimburs . a the e established by the I.R.S. F. E.M.T. Certification 1. All employees who are - ified Emergency Medical Technician - Basic (EMT-B) shall receive an additio ;'= ' 0 per week compensation and will be included in base calculations for sick leave nkv='ime and retirement compensation relating to overtime. Employees hired after °.:;;x: 21,16 shall not receive the additional EMT-B compensation. 2. All -.; -s shall maintain EMT-B certification as a requirement of employment. ti -"July 1, 2006, all employees who are certified Emergency Medical Technician — nter`=.,:=+late (EMT-I) shall be compensated above the employee's base salary by an sou t of 4%. This shall be in addition to the EMT-B compensation and included in the e •loyee's overtime rate, and retirement compensation relating to overtime. This 4% shall not be included in the pension calculations, except relating to overtime. 4. EMT-I certification shall be voluntary, so long as no less than 60% of the shift employees, based upon staffing levels as of July 1, 2006 (i.e. 13 of 21 employees), are EMT-I certified. This shall be based on seniority in descending order, starting with the employee highest on the seniority list that is EMT-I certified. 5. Employees hired after July 1, 2006 shall obtain the EMT-I certification within 18 months from date of hire, provided the employee is given the opportunity to receive the certification 13 training and be compensated for the training in accordance to Article 9, Section D.3. Employees hired after July 1, 2006 shall maintain their EMT-I certification until they reach the rank of Lieutenant. Any employee hired after this date, who has reached the rank of Lieutenant may keep their EMT-I certification if so desired. 6. Any employee who completes EMT-Intermediate training and who terminates employment within 2 years of certification shall reimburse the City for tuition cost. The amount reimbursed to the City shall be prorated based upon length of service after certification: 0-6 months — 100% 6-12 months — 75% 12-18 months — 50% 18-24 months —25% 7. During the term of this agreement, if the City chooses to increase the o S service provided, either party may request an opener on the aspects t A. -ement that are affected, to include, but not be limited to, implementation, compen ;on```raining, and deployment. 8. Upon implementation of the City providing a paramedic- e e, any employee that practices as an Emergency Medical Technician — Para di ( -P) shall be compensated above the employee's base salary by a a un f 6%. Effective July 1, 2012, any employee that practices as an EMT— P A41 be mpensated above the employee's base salary by an amount of 8%. T s : -``in addition to the EMT-B compensation and included in the employee's 4veF'' e''"ate, and retirement compensation relating to overtime. This percentage shall not x-::.inc 'ded in the pension calculations, except relating to overtime. vr 9. Once an employee is certified a EMT P, the certification shall be maintained so long as six (6) shift employees are ce s EMT-P's. If more than six (6) shift employees are certified as EMT-P's, an employ m equest to relinquish their EMT-P certification based upon seniority. The • .n seniority will receive first right to relinquish their certification as an EMT-P. y em loyee who wishes to exercise this right, shall do so with an agreement among ,- ba ing unit members. This agreement will then be forwarded to the City. 10. Any emplo e ` „.mpletes EMT-Paramedic training at City expense and who, within four (4) yea iaf ce 'k cation, terminates employment with the City or relinquishes their EMT-P cs.. ica' . shall reimburse the City for the City's tuition cost. The amount reimb -d * th- City shall be prorated based upon length of service after certification, as foil...: ....... .... 0 to 12 months - 100% 12+ to 24 months - 75% 24+ to 36 months - 50% 36+ to 48 months - 25% 48+ months - 0% 11. EMT-P Training (a) Except as provided in sub-section (c) below, any employee who begins but does not complete EMT-Paramedic training shall reimburse the City for the City's tuition cost. 14 (b) Any employee who experiences an illness and/or injury while enrolled in the EMT-P training may continue to participate in the training if said employee has medical clearance. (c) Any employee who cannot complete the EMT-P training course due to an unanticipated event that requires the employee to take extended leave or terminate employment with the City, or an injury and/or illness resulting in the inability to complete the course, shall not, except as provided in sub-section (d) below, be required to reimburse the City for the City's tuition cost. (d) An employee who has once failed to complete the course because of leave, il • or injury shall be required to complete the course at the next available IREMS rin• following the employee's return from leave or recovery from illness or injury. employee chooses not to participate in the next class offering, or if the e o participates in the class but fails to complete it, the employee shall rei t ity for its tuition costs unless reimbursement is excused under sub-secti c e. 12. In any case in which an employee is obligated to reimburs-_ timeframe for reimbursement will be determined between the employe- Ins h ity. Any reimbursement received by the City, shall be placed in a g=' in= item allocated to pay for the tuition of another employee to attend EMT-P 13. The City and the Union agree to regularly revi-' ;; ::: medic program. Careful consideration will be given to expenses, reven n4 ;;• blic benefits and costs of paramedic service. 14. Vft-m� op and agree upon a Firc ion prr toe pl6yees pr . So long that EMT-P service is provided by ;o South urlington Fire Department, the City shall place at least $10,000 annuall' .g �ar edic Training Fund" (or similarly designated restricted fund). G. Division Coordinators 1. The positions of Fire P ;--ntion Coordinator, Fire Training Coordinator, and Emergency Medical Services _ oordinator will be filled using the following procedure: a. <• ee overed under this agreement will be eligible to apply to direct the o•==..atio ''_ if one of the above listed divisions. b'_A II interested personnel shall submit a cover letter and current Resume to the Chief. . The above listed positions will be posted on the bulletin board for a period of 10 working days. Each position will be posted and filled separately and filled within a one-week time frame of the closing of the position. d. The process will include an interview with the Fire Chief along with a review of the candidates resume. The Positions will be a two-year appointment. Eligible candidates will only be able to fill one position at a time. Candidates will be eligible to reapply for a position after their current appointment expires. e. The City will post the durations of appointment for these positions along with the seniority list in the Fire Department no later than August 1 of each year. 15 2. Candidates selected to a position will be compensated by a $1,500.00 base salary increase to the employee's current base salary for the duration of the promotion. 3. Administrative employee is not eligible to hold the position of division coordinator. ARTICLE 10 OVERTIME A. Overtime shall be paid at time and one-half of the employee's regular hourly rate, for 94,work performed in excess of the employee's regular work schedule. Effective July 1, 2013 employee is `ordered-in to work in excess of the employee's regular work schedul,. nt with Section D of the Article, said employee shall be paid at time and one-half o' ,:: _ N s regular rate, plus one-half the time worked in compensatory time. Compense-`a0,. - o ee worked x 1.5) + Compensatory Time (hours worked x 0.5). y ours B. All shift overtime shall only be made available to employees covered un Agreement. The Fire Chief shall not reschedule his or her normal hours of work e of the administrative employee, so as to avoid the payment of overtime C. For the purpose of the yearly fire prevention open house" ,-lhall receive C. If a firefighter is needed or required to stand by a "'s- ial event, all employees covered under this agreement will be given preferece ` 'e coverage. Employees will be compensated at $35 per hour for a minimum o _3 h• x : overage will be selected using the special event overtime list prepared by the Assc . . (See Appendix D). . All overtime for the purpose of shift .v-rage all be distributed and rotated on an equal basis. First, in order of seniority, the : sx.;_, ng here the last canvass stopped and proceeding until an employee is contacted, or in t e c ::- that an employee was unable to be reached during the last canvass, startin. + " - ;, id employee. Two overtime lists shall be used (Appendix D) and maintained by the Ci ::. •=:;;he purpose of distributing overtime. One list shall be for the purpose of distributing ov- '...e in cess of 12 hours, the other list shall be for the purpose of distributing overtime belo 1 `'';• rs. Both lists shall be available at all times for inspection by the Association. :::::::::::::. 1. If the e x;,-e c not be reached or if the employee is scheduled to work, that person will not I. -.,ther -•sition on the overtime list(s) should overtime become available again. 2. e• in emergency situations, the employee may decline the offer to work overtime. In 9 ..;,:ertime work, the employee forfeits his/her right to overtime work until their name 's re d again on the overtime list(s). 3. an employee is on any approved leave, swap and/or training time as described in Article 12 of this Agreement, said employee can be called for overtime. Said employee may refuse the overtime without forfeiting his/her position on the overtime list(s). Leave time is inclusive of the approved shift off as well as the two (2) days prior to said shift and the two (2) days after said shift. 4. For the purpose of hiring an administrative employee for overtime shift coverage, said employee shall only be eligible for overtime shift coverage during the hours other than those described in Article 8, Section A(2) of the current contract. The administrative employee may be eligible for overtime shift coverage during the hours described in Article 16 8, Section A(2) if said employee is on approved, scheduled vacation or compensatory time, or on a recognized City holiday. 5. The following procedure will be followed to fill overtime availabilities: a. All overtime hiring will be the responsibility of the shift officer at Station #1. b. Hiring shall begin with the top most empty block, furthest to the left of the appropriate overtime list ( "Above 12 hours", " 12 Hours and below", "Special Events"). Proceed through the list from top to bottom, left to right. New hires, 'II be added to the bottom of the lists based on seniority and be blocked out to t • -.0 ht as far as the current employee furthest to the right. c. The officer shall fill in a block with the following information: date s` t being offered, (W) for employee worked or (R) for employee refused or ployee ordered, officer's initials, and number of hours offered. An offi w ';;,x `ial any "white-outs" within a block. d. In the event that the list is exhausted (all employee of e offer and/or are on approved leave as described above and in Artic 1 t Agreement) with respect to a 24-hour shift, the overtime will be off 1 - our shifts to personnel using the "12 Hours and Below" list. The ove e hired in the same manner as described in Section 5(b) above. The fir e to accept the overtime will have the choice of which 12-hour shift to ,4. e second employee to accept will be scheduled for the other 12-hour shift' Of shall attempt to hire two 12-hour shifts prior to ordering an employee in to ;•;;.; e. An "Order-In" box is establi hed in hich each employee has a card assigned to them. The cards were origi II lac- in the box based upon seniority, with the most senior in back. The:.ir ar in the box represents the employee first to be ordered in to cover ov=: i -. I n officer cannot contact the first employee in the "Order-In" box, the • lc- , + I continue to attempt to contact the next employee(s). When an employ: - •rdered in, their card will be placed as the last card in the back of the box. Th= •-te o e shift being ordered in for coverage as well as the officer's initials shall be writ •,on the card. New hires will have their cards placed in the front of the box. f. E ees fill be able to indicate if they do or do not wish to be contacted during ap ve ve for overtime offerings. If an employee wishes to be contacted, it will so in the same manner as above and not be given a refusal in their block if th employee does not accept the overtime. .•. An employee who is an elected official of Local 3671 will not receive a refusal for overtime if the employee is scheduled to be on Union business representing Local 3671 on the day of the overtime offering. Compensatory time 1. Employees shall have the option of accepting compensatory time in lieu of cash payment which will accumulate at the rate of one and one-half hours for each hour of overtime worked. 2. No employee may accrue more than 240 hours' compensatory time as per Article 4, Section 4.4, c-3 of the City's Personnel Rules and Regulations (Dated February, 2009). 17 . Shift Change 1. Should an emergency call be received between 0700 and 0800 hours, and the employee coming on duty responds to the call or is present at the station, the employee shall be compensated for one (1) hour of overtime pay. 2. Should an emergency call be received prior to 0800 hours and last beyond 0801 hours, the shift going off duty shall be compensated with a minimum of one (1) hour overtime. 3. Should an employee be relieved of duty by an oncoming employee prior to 0800 hours, the employee coming on duty assumes all the responsibilities as if their shift ha Ire • started. Should the employee going off duty return for an emergency call, it shall tr-=ted as if that employee's shift had ended, and they shall be compensated in a o with Article 9, Section D of this contract. . Except when on vacation or utilizing compensatory time, an employee r t rk at least one shift in a week to be eligible for payment of overtime that week. If th- ` - f is out sick for the entire workweek, s/he will be compensated for 56 hours at the I e- s regular rate of pay. ARTICLE 1 HOLIDA A. Regular Holidays ............ 1. Shift employees required to work in a s duled holiday by virtue of a regularly scheduled shift (24 hours on duty, •ours iff duty) shall be compensated for 24 hours of pay at their hourly rate, and 24 R•u of '.ditional holiday pay at time-and-one-half. Employees off duty shall be 2orn 6-ns- -d for 18 hours of additional holiday pay at their hourly rate. From July 1, , fec< -, ,nd e Day, Labor Day, Veterans Day, and Christmas Day. Effective June 30, ' loyees off duty shall be compensated for 24 hours of additional holiday - : lieu of 18 hours, at their hourly rate for the following holidays: Independenc-'''gaye nington Battle Day, Labor Day, Columbus Day, Veterans Day, and Thanksgiv.F: ` -y, 2. Fo ___:: _ ses holidays begin at 8:00 a.m. on the actual holiday and end at 8:00 a.m. th • to •:. • day. . If -,,; ~mployee is called in to work a full shift on a holiday that is listed in this agreement, - employee will be compensated at the rate of two times their hourly rate plus the on-duty hi day pay of 24 hours (at time-and-one-half) of additional pay. If an employee is called in to work overtime shift coverage on a holiday that is listed in this agreement for a duration of less than 24 hours, the employee will be compensated at the rate of two times their hourly rate for the time worked plus the holiday pay of 18 hours + 0.75 x# of hours worked - i.e. if an employee works 8 hours of overtime on a holiday, the employee would be compensated for 8 hours at two times their hourly rate plus the holiday pay of 18 hours + 0.75 x 8 = 18 + 6 = 24 hours of holiday pay at the employee's hourly rate. 4. If an employee is called in for an emergency call on a holiday that is listed in this agreement the employee will be compensated at a rate of two times their regular hourly 18 rate. 5. The administrative employee will receive 8 hours of holiday pay and 8 bonus hours at their hourly rate. If the administrative employee is called in on a holiday between 0800 and 1600 hours, said employee will trade hour(s) worked (at the rate of a shift employee) for bonus hour(s). 6. The administrative employee will receive the holiday on the actual day that is listed in this agreement if the holiday falls on a weekday. If this holiday falls on a weekend, the administrative employee shall take the holiday as follows: If the holiday is on Satur. , the employee will take the holiday on the Friday prior to the holiday. If the holiday is 3:` - Sunday, the employee will take the holiday on the Monday after the holiday. SOUTH BURLINGTON FIRE DEPARTMENT PAID HOLIDAYS • January 1 New Year's Day • February 22 Washington's Birthday • May 30 Memorial Day • July 4 Independence Day • August 16 Bennington Battle • September Labor Day/1st o • October 12 Columbus D y • November 11 Veterans' D • November Thanks.,L•f••... ay/4th Thursday • November Friday aft 'x anksgiving • December 25 n tmas'aay • 12th Holiday ed ith Vacation Days--Cumulative B. Personal Holidays 1. No employee is en °`_ to `; e a personal holiday until he/she has been in the City's service for 30 days. 2. Personal h' 3a' • ,..,••,4`:. be accumulated from year to year. In such a case, the time shall be added t•°' `:-. ems vacation time. C. Religio -sb ays 10 . -es who wish to observe religious holidays that fall on a normal work shift shall uses?-F of the following: vacation, compensatory time, personal holiday or personal leave. ARTICLE 12 LEAVE TIME A. Vacation 1. Shift employees shall accrue vacation time according to the following schedule based on 24 hours per day. 19 Through the completion of three years of service, 10 hours per month. • 1st day of the fourth year through the completion of ten years of service, 16 hours per on month. • 1st day of the eleventh year through the completion of seventeen years, 20 hours per month. • 1st day of the eighteenth year and over, 26 hours per month. Administrative employees shall accrue vacation: • 1st day of the 6th year through the completion of ten years of service, 10 f z urs per on month. • 1st day of the eleventh year through the completion of seventeen ye 13` hours per month. • • 1st day of the eighteenth year and over, 16 2/3 hours per mon .• 2. The employee's first 2 weeks of vacation for the year may be in se iv.:;:at . • ervals and will be granted by seniority, by shift, and submitted between Nov=a+be - d November 30 for the upcoming year. All vacation time granted after this shal _e`'•::;;"' °:irst come, first served basis. Requests for vacation time shall be approved f.;,;;r- :c -4 in writing by the Fire Chief within 5 calendar days of receipt of the request. If t - it=i;;, -f or his/her designee fails to respond in writing within said time, the request s ;; _ti`� .eclusively deemed approved. 14, 3. A single vacation day may be taken on a sc ."'''T;•ift holiday. However, that day will not be charged as a vacation day. Holiday Pa hal at the off-duty holiday rate. 4. Employees shall have the right to choos11-`cx;-tarting and ending day of their vacation taken in intervals of one week or mo.- at a e. 5. Employees may elect to turn + v ' _-ti•` time for pay with the approval of the City Manager. A maximum of 1214 o ' s m y' be considered in a fiscal year. All time turned in shall be paid on an hour f• ho -sis. 6. No more than 600-'• ;s of %'-cation leave may be carried over from one accrual year to the next (July 1 to June 36 7. Probation-4 -m oy-es shall be eligible for vacation during their probationary period after com•I -ti````;six `'•) months of service with the City. 8. Abe, ,°;'` - e to sick leave or military leave shall have no affect on vacation time alr s -duled and approved. To facilitate scheduling, a minimum of two months' ce •tice of military leave will be provided to the Fire Chief unless there are mer cy circumstances. 9. Ingle vacation days / hours may be taken with the approval of the Fire Chief or shift supervisor, provided another employee does not have approved vacation and/or compensatory leave time scheduled. B. Sick Leave 1. Sick leave may be taken by an employee during an illness, to recover from a bodily injury, to avoid exposure of fellow employees to a communicable disease, to attend medical and dental appointments, or when needed to care for a member of the immediate family who is ill. For this benefit, a member of the immediate family is defined as a spouse, civil 20 union partner, parents, or dependent child, or any dependent relative living in the same household. 2. Sick leave is credited as earned at the rate of 33 hours per month for shift employees. Sick leave will be credited at the end of each month worked. There is no limit on accumulation of sick leave. For employees hired after July 1, 2012, sick leave shall be credited as earned at the rate of 24 hours per month for shift employees. Sick leave is credited as earned at the rate of 12 hours per month for the administrative employee. 3. Use of sick leave for a shift employee to care for a member of the immediate farrf is limited to 3 days (72 hours). Use of sick leave for an administrative employee to R: - for a member of the immediate family is limited to 3 days (24 hours). 4. Employees with 15 years or more of service may exchange 480 hours s -si"°_ leave plus 48 additional sick leave hours per each year of service beyond 15 yea ' re arly retirement in the year of retirement. Employees will receive one week a,. each each 120 hours allowed under this section. C. Bereavement Leave 1. Same as Personnel Rules and Regulations (Dated FF :;; , `y `109), Section 6.2 E. D. Jury Duty 1. Same as Personnel Rules and Regulations ' •ateb ebruary, 2009), Section 6.2 F. E. Military Leave =` 1. Same as Personnel Rules and 'eg::latio (Dated February, 2009), Section 6.2 G. 2. The calculation of Military ays. City pay and resulting reimbursement if appropriate shall be as fol;F�._ws • Military Ba- c -y o• y used • Exclud-.. : Hous' a allowance, Subsistence allowance, Enlisted allowance, Grade allowani '•ily separation allowance, Hazard Duty, Hostile Fire pay and other si ar al`+w.nces • io reimbursable to City: o ealth Benefits (if remaining under City plan) City Public Safety Pension contribution = o ICMA (if applicable and optional) o Union Dues (unless waived by the IAFF or Local) A timeframe for reimbursement will be determined between the employee and the City. • If an employee is deployed and his / her dependant(s) cannot receive health insurance coverage for their current physicians through Tricare, the City will cover 50% of the employee's health care contributions. Employees have the option to keep dependants with the City's health care or transfer onto Tricare at the employee's expense. 3. Employees may use their vacation and/or compensatory leave time towards military 21 leave for attendance to UTA/ drill weekends without any loss of pay from the City. The use of vacation and/or compensatory leave time for military leave shall not effect another employee's ability to use approved leave time. F. Parental and Family Leave 1. Same as Personnel Rules and Regulations (Dated February, 2009), Section 6.2 H. G. Personal Leave 1. Employees are entitled to 24 hours per year for personal affairs, but may not b- accumulated from year to year. 2. Personal leave may be taken in minimum two (2) hour increments. Not t a g, personal leave may be used in any one-half hour time increment if Ove 's incurred due to the Personal Leave. 3. Personal leave shall start July 1 and run until June 30. 4. Personal leave and/or vacation time may be split at the • s io f the employee for time off to be equal to 24 hours or less. H. Compensatory time will be taken only when another • a e="'does not have approved vacation and/or compensatory leave time scheduled s compensatory time will be at the reasonable discretion of the shift supervisor. I. Employees (full and part-time) are covered a x * ker's compensation insurance. If an employee suffers an injury or illness in the line •Trdu , the employee should provide notice to the City Manager's office as soon as :ctical ter the occurrence and thereafter file the appropriate worker's compensation '. s. Until the time that the worker's compensation claim is approved the, p`r e may elect to be paid through sick leave or vacation time. Checks received workers' compensation carrier will then be endorsed over to the city to ack' ick or vacation leave. • Eligible employees may e -ct"`j ti ize sick time accruals for the 3-calendar-day legal waiting period not covered by .- ork-rs' Compensation Act. If the employee receives payment for these three (3) da fro " insurance carrier, the employee may endorse the check over to the City and the. ` :-e (3 says will be credited back to the employee's sick leave bank. Any emplo - ro ed for worker's compensation coverage will receive from the City the differen b-: een his/her normal net weekly pay and any benefits received through worker's comp he total compensation that the employee receives from the city and workers' co 4.en will not exceed the net wages that the employee would receive for a regular 56- h 4 u``'`::.ork eek. 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 22 time on worker's compensation will count as time served for purposes of calculating employee benefits. 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. J. Under normal circumstances, Union members are expected to use best efforts to schedule personal appointments for off-duty days. ARTICLE 13 TRAINING AND EDUCATION A. The City seeks to promote training and education of employees to impr '"` t`'':;.uality of service rendered on behalf of the City and to prepare employees for -: ; nee` -nt within the City's service. 1. All training required to fulfill the employees' job descri. o s - •e made available during the employee's assigned shift. In the event of a _ E • o -e on leave time or scheduling restrictions of on-shift training, training r . :_ ed `; ulfill job descriptions may be scheduled during daytime hours, with the emplo -e 77= x-x ompensated per Article 9, Section D.3. 2. The City shall provide specialty training ;;;- r `_ ''rescue, confined space rescue, cold water rescue, etc). Provisions will be mad*: F ployees participating in this training will not be required to respond to emer•;- cies. 3. All employees shall receive -• a ` •.•rtunity of attendance to outside training. An evaluation of both the empl.:::;_- d t e training curriculum may be necessary to determine who shall attend a trainin• • be -`-- best benefit to both the employee and the Fire Department. 4. If an outside tr. ing co e is a benchmark set forth for the promotional process, the priority disburs-m-:_ s, -;;.;:: e training shall be based on seniority of the employee(s) preparing fo 'rom• ion. 5. The _ %rovide live fire training for each shift, at a minimum, on all even number year , g in 2014. This training shall be held at a Vermont Fire Academy live fire tr ' INC ' ity, or equivalent that is in compliance with NFPA 1403. On all odd number b inning in 2013, the City shall provide training that is a hands-on alternative to live e utions, to include, but not be limited to, advanced fire behavior, LP gas fire • ol,etc. B. Employees shall be compensated at their overtime rate or equivalent compensatory time for hours spent during off-duty time when participating in scheduled in-house training. C. Employees shall be compensated for all classroom time when attending mandatory educational or training courses. Employees scheduled to be on duty during such training shall not be charged leave time. If the course is one full day, the employee's lunch shall be paid for by the City. When the course is more than one day and outside a 75-mile radius of the City, lodging and meals shall be paid for by the City. Travel time for mandatory training outside 23 Chittenden County will be paid through financial remuneration. D. Employees attending non-mandatory training courses shall be compensated for all classroom time. Meals and lodging may or may not be paid by the City, depending upon the approval of the Fire Chief and availability of training funds. Travel time for non-mandatory training outside Chittenden County will be compensated through compensatory time. E. The City shall attempt to make employees aware of all required training and standards imposed as policy by the department or mandated by law. All instructional programs or testing procedures imposed to meet the criteria of the policy or applicable law shall be provided '::. the City without loss of pay or cost to the employee. Off-duty employees shall be compen- -d at their overtime rate for time spent in meeting the necessary requirements. F. When employees have opportunities to instruct fire, E.M.S., or public safety es;%`" ey shall be permitted to do so as long as adequate shift coverage is provided - i ; o== of incur any overtime. If adequate coverage is not provided, employees shall be - •vv i.:.to nstruct if the commitment has already been made, in which event the City shall find` ":;:.,.b=x itute employee. G. Higher Education: 1. The Fire Department shall encourage all reasonab ;;se`-se;_erment programs. The City encourages participation of employees in approves 131 courses. Applicants for these courses will be selected on the basis of s=- ••ri 2. Subject to the limitations set forth in sub•ar.'`' ;;:.•R #4 below, the City will reimburse an employee in the bargaining unit for course ° ::: -ssfully completed as part of a program to obtain an Associate's Degree or higher whe t e employee is enrolled in a degree- producing program and the course • isentifi-d on a program of courses to be filed with the Fire Chief which, if successfully Fo`" f e o. by the employee will result in the granting of an Associate's Degree or higher 3. Subject to the limitatios`<:;;-t fort in subparagraph #4 below, the City will reimburse an employee in the barg- " • g u r or the successful completion of a course in a Fire Science related subject appro ed ` , .credit for an Associate's Degree or higher. A determination by the City Manager - co rse is not in a Fire Science related subject shall be final. 4. Reimbu e -nt fi courses completed pursuant to subparagraphs #3 and #4 above shall be .ect" he following: . Successful completion of a course shall mean a Grade of"C" or its equivalent, r better. b. Reimbursement shall be provided for not more than two (2) courses per semester or a maximum of four (4) courses per fiscal year per member. The City Manager may approve more. c. 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. 5. If the employee leaves the employment of the City of South Burlington, they shall be responsible for re-paying the City for tuition reimbursement monies paid to them within a period of 12 months from the date of completion of the last class for which reimbursement 24 was made. The amount owed to the City shall be pro-rated in the following manner: a. The entire amount is refunded if the employee leaves within six (6) months from the last day of class for which reimbursement was made. b. The amount is pro-rated from six (6) months + one (1) day to 12 months (1 Year) - i.e. $300 is paid, if the employee leaves 8 months later, he/she owes the City $100 (8/12 x $300 = $200, $300 - $200 = $100). H. The City shall institute a provide the opportunity for employees to attend NFPA 1021 jike Officer I & II training program and deliver it in house. The training program will be c ,C . - d so Nat- attendees are eligible for Pro Board Testing and Certification at the completio a >e This training program shall be provided to employees on a seniority basis. . the Fire Chief shall detcrn-dn44 th=_,ranne.r-_4E_a dates, t,m=C n!ng shall be offered. If this Fire Officer I & II training is offered during an empl e -duty day, said employee(s) will receive compensatory time as compensation for his i g. ARTICLE 14 UNIFORMS AND EQUIP A. Employees will be reimbursed up to $200 towards ,;,: e```.; '` -se of one (1) pair of footwear per year. Footwear will be purchased on an as-ne. e•.:xa.- ` and must meet minimum ANSI standards for protective footwear. B. The City shall repair or replace items that th- _= ment specifically and expressly (in writing) authorizes employees to wear a which';;-,re damaged or destroyed while an employee is properly engaged in the performan f 's her duties. The City also will pay the cost of lost or damaged personal property for e to covered under this Agreement, provided such property is lost or damaged whil mi g work duties. Personal property is defined as that property which is normally an.°-; sto ily carried, worn, or used on one's person while performing their duties. C. The City shall furni ,;• and th, eafter maintain at no cost to the employee, all respiratory apparatus, alarm g ar. '` ; -s, gloves, helmets, protective coats, night hitches, and other protective equip t ass necessary to preserve and protect the health and safety of the employees. Al c u.pment shall meet all applicable O.S.H.A. or N.F.P.A. standards. D. Unifor shall be supplied and sewn on prior to the employee receiving issued unifor tc s shall be the accepted Fire Department patch and the employee's current ley-: 4f if' ation for emergency medical service. Should an employee advance to a higher - f ce ication the City agrees to purchase and pay the cost of having said employee's patch==; hanged. E. Replacement of all standard issue uniform items will be on an as-needed basis. In July of each year employees will be asked what items need to be replaced in order to maintain the standard issue. F. All employees covered under this contract will be supplied with the following standard issue items: • 4 Uniform Shirts 25 • 4 Uniform Trousers • 4 Uniform Polo Shirts • 3 SBFD T-Shirts • 2 SBFD Turtlenecks • 1 SBFD Sweatshirt • 1 Uniform Jacket • 1 Set of Collar Pins • 1 Name Badge • 2 Uniform Badges All uniform alterations will be paid for at no cost to the employee. G. All equipment and uniforms issued to employees by the City shall be limited :- :::yen on duty, at department functions or official department business. ARTICLE 15 INSURANCE AND RETIREME A. The City will furnish life insurance in an amount equal to t t e '' ::•a base annual earnings rounded to the nearest $1,000. Such insurance shall have a im m benefit of $50,000 with double indemnity for accidental death for any cause to . •- ` 5 n Association member is killed in the line of duty the benefit will be $100,000. B. Health Insurance: 1. i ornmencing January 1, 2011. he City "`l fer all members enrollment in the VLCT HD/HP 2250/4500Plan. The Cit ill pa 00% of the annual premium. Members who elect to participate in this pla tablish a Health Savings Account (HSA) at a financial institution of the me be ' oice unless they are prohibited by law from doing so. Any member prohib. a tablishing an HSA may establish a Flexible Spending Account (F' with e City and will receive an annual stipend of$200.00 payable on Januar,: 1 thx* or before the 15th of January, for 2U1 1 and 2012 tor each calendar year, th- ;sh.`I deposit into each member's HSA account, one hundred percent (100%,..f the ' ounts below. Calendar Year 2013 $1,250 for members electing a single person plan $2,500 for members electing a two-person plan $2,000 for members electing a family plan Calendar Year 2014 $1,100 for members electing a single person plan $2,250 for members electing a two-person plan $1,750 for members electing a family plan Calendar Year 2015 $925 for members electing a single person plan $1,925 for members electing a two-person plan $1,350 for members electing a family plan If this plan becomes no longer available, an equivalent plan will be provided at no additional 26 cost to the employee except herein described. The Association shall be given the opportunity to participate in any discussions dealing with successor plans. The Association may grieve as to the equivalency of any successor plans. Each year, the City of South Burlington will evaluate multiple health insurance proposals to assess cost against benefits. This evaluation will be shared with the Union. Vision Plan: The City provides a vision plan for which the City pays 90% of the premium and the members shall pay 10%. From time to time the City may substitute a new vision plan with equivalent benefits. 2. If in any year of this agreement, the renewal premium increase is greater th- 0°0, either party may request an opener on healthcare contributions and/or salar compensation. 3. If an employee who had opted out of the health insurance offered 14, , ® is opting into the health insurance offered by the City as a result of loss of ov m sewhere, the City will pay 100% of the monthly health insurance premium b- e. Q $ agreement. The City's contributions to the employee's HSA will be pro-ratE ,-- . - to number of full months remaining in the calendar year as the City had r -. , n ie opt out payment since the beginning of the year. If the opt in takes plc, , 8,, ii3 '' eek of January 1st, before opt out payments have been made, the Cit\' w e full HSA contribution and pay the full premium per this agreement. 4. If an employee changes their insurance pla ' fr. one-person plan to a two-person or family plan, the City will pay 100% of the rn^ - Ith insurance premium per this agreement. If this occurs after March 31 t` endar year, the City's share of the HSA contribution will be pro-rated based • the m•er of months remaining in the calendar year and the effective date of cha s e cov rage. Such pro-rated payment shall be made to the employee's HSA at the e i •r-I tical time following the effective date of the change. 5. If an employee chan -ir insurance plan from a two-person plan to a family plan, the City will continue top :; °o the monthly health insurance premium per this agreement. The City wilt ,. require said employee to return the difference in HSA contributions to th ilk 6. If an er 44 o -e is red prior to March 31st of a calendar year, said employee shall receive t ' > iII HSA contribution. If an employee is hired after March 31st of a calendar year, HSA contribution shall be pro-rated based upon the number of months rer the calendar year. nployee changes their insurance plan from a family plan to a two-person plan, the , . pay 100% of the monthly health insurance premium per this agreement. If this s after March 31st of a calendar year, the City's share of the HSA contribution will be pro-rated based on the number of months remaining in the calendar year and the effective date of change in coverage. Such pro-rated payment shall be made to the employee's HSA at the earliest practical time following the effective date of the change. 8. If an employee changes their insurance plan from a two-person plan to a one-person plan, the City will pay 100% of the monthly health insurance premium per this agreement. The City will not require said employee to return the difference in HSA contributions to the City. 27 9. Employees hired after March 31st of a calendar year may, in lieu of the HDHP 2250/4500 plan, choose to enroll in an indemnity plan, currently OAP 10/20, such that the City's contribution to the premium shall not exceed what the City would have paid if the employee enrolled in the HDHP 2250/4500 premium plus the City's contribution toward a HSA based on this agreement, with the employee responsible for all other costs. C. The City will provide a Northeast Delta Dental Plan or equivalent, with usual and customary payments and no deductible to be paid by the employee. D. Bargaining unit members who can show proof of medical coverage other than throu • the City shall have the option of refusing medical coverage provided by the City, and in c .t a -nt shall be reimbursed by the City in cash an amount of$115.00 per week. E. In the event an employee dies accidentally in the line of duty, (line of dut ;;'a wcl `' - but is not limited to, work being compensated either by pay or comp-time, while s• di''• to or returning from an off-duty emergency call, either driving to or from or atten ' :. a " aining school either at the station or away from the station) the city will continue m- z ;; 'rts ance coverage ...::::::.... on the employee's family. Such coverage will remain in effect on ° e oyee's children until they are 18 (eighteen) years old or, if in college, until the insur c= rri s age limit is reached. Coverage of the employee's spouse will continue until age o li ill or Medicare is reached. This coverage will be at the city's expense, the employee' fa I be responsible for the employee's weekly contribution. This same benefit will ' :=% ten d to the family of any firefighter who had opted out of the City's health pla t '`'% of death. If the employee is not a member of the City's health plan, upon request a thz°'' *o ' e, the City will provide similar coverage from another plan. F. The City will provide a defined benef •rogra with the following provisions: • Normal Retirement Age g ye :__ (reduced to 50 using the formula below) • Early retirement Age k;years • % Benefit at Early Retire-+ 50% • Benefit Factor .025 Compensation Factor ;. Average of highest three years of Base Salary (53 +3 overtime). • Years of Service" ''"" ;;; Cap at 25 years, actual employment • Pension F. ula ;: Compensation Factor times .025 times Years of Service • COLA 3% per year until Social Security The N. :: :::.irement Age shall be lowered using the following schedule: Qualified Overtime Normal Retirement Age (maximum compensation) 07/51/05 54 10% /01/06 54 10% 07/01/07 53 10% 07/01/08 53 10% 07/01/09 52 25% 07/01/10 51 25% 07/01/11 50 25% Retirement benefit shall be calculated using the base salary plus the percentage of the base in overtime as stated above. Benefit Offset: 28 Years of Service at Age 55 or on June 30, 2002 % of Social Security Offset 25 Years or less 50% 26 45% 27 40% 28 35% 29 30% 30 or more 25% Benefit offset is calculated on City earnings only and will be calculated at the time of the first Social Security payment and will remain constant. Employees who wish to sep , :te city and outside wages are responsible for determining outside earnings and So Security impact. Employees receiving City defined benefit pension benefits ar- -spo` •le to notify the City when they begin receiving Social Security benefits and pro -=.:x;- t;;.er documentation in order to calculate the SSA offset. The employee shall b`I_ se the City any amounts retroactive to the date of the first Social Security benefit. =x - • • ee who does not report SSA benefits within 90 days of starting these benefits gal burse the City retroactively, plus a 10% penalty on the retroactive amount. • Full Vesting 7 years • Employee Contribution 6.5% of Adjusted ( % x •° rs straight)+ % of overtime (a maximum of 25% of the employees base sala ''" 'e e worked will be included in the final calculation for determining the employees reti - : en''' ::-E-fit. Employees will contribute via payroll deduction on a weekly basis 6.5% of ove -: :.: . d to the South Burlington Retirement Income Plan. Employee overtime coru i -; and the total amount of overtime that will be included in the retirement calculation will _►e c-r+ey at 25% of the employees annual base salary.) • Retirement Health/Dental Benefits Un'`�` *:::sic leave may be turned in at retirement and (Including Medicare gap) cre• -d%`'o a sick leave bank to pay the cost of ' insu ce. Sick leave bank will be established by ultiplying hours of accrued sick leave at the time of -tirement, times the employee's final hourly compensation. Monthly sick leave accrual is 33 hours per month. G. Employees may sche• a'f ,ontr''' tions to either of the ICMA—RC or IAFF Financial Corporation 457 plans at their ;* ion. Employees will be entitled to transfer 457 plan assets to the plan of choice w .::; ; •enalty. H. Employees - e'`x;sin• e sick leave bank must join the City's health plan at the January or July partici•: on e closest to retirement, if not already enrolled. Employee's surviving spouse s .> _: ;..:e the same health and dental benefits, from the balance of the employee's sick bar . E •loyees who receive retirement health insurance through the use of the sick leav=: ' ' a • are enrolled in the HD/HP 2250/4500 plan, may utilize the funds in their sick le.- banF ly if they qualify for a Health Savings Account. Retired Employees will be re p•`' _ ible for 100% of the premium and deductible. Employees who exercise this option will be equired to complete a City HSA or FSA deposit form and notify the City in writing of any changes. For calendar year 2011 Retired Employees that are not eligible for an HSA will be allowed to enroll in the HP 10/20 C plan and utilize their sick leave bank to pay for 100% of the annual premium. I. For employees hired after July 1, 2001, only years of service in the Police or Fire Department will count towards fire pension benefits. J. • _ 29 after 3/31/1 1 f { rth d . Prior to the expiration of this agreement, Labor and Management shall collaborate to discuss the history and purposes of the benefit offset discussed in Article 15, Section F, its costs to covered employees and the impact on the pension system if the offset were eliminated ARTICLE 16 PROMOTIONAL PROCESS A. When a promotional opportunity occurs within the Fire Department, it shall be posted •n the Association bulletin boards. All qualified employees shall have an equal opportunity to-:;,•ply for said position. B. The employee selected for the position shall serve the appropriate probatio- seri.. of 6 months. If a candidate does not successfully complete the probationary per.- -n F'at candidate will be returned to their previous position. Nothing contained he n al -xclude the employee from exercising their right to the grievance procedures of this ag .:; . t. C. .:::: ...:. All promotions will be made from within the Fire Department's R ar ;;er f. The following is a description of the promotional process to fill all Career Staff . ` ,ion .I vacancies in the South Burlington Fire Department. 1. Announcement/Qualifications —Within 15 cale :- s s a position becoming available a test announcement/qualifications wi +- .t'::._-. at both Stations for a period of 15 additional days. A written notice of intent d -` : e to apply for the process will be required within 5 calendar days of the en. of th`< ; x..:.: ing process. If no applicant meets the time periods listed, then both the city and t ` :;q'.n can to waive the time periods, provided that both parties agree. The entire p ocessill .e complete within 65 days of vacancy. 2. Testing Criteria: Senior Firefight•_ o Ca • -te ,;.4:st have 4 years of consecutive service with the South :urlingt•'' : areer Fire Department and shall be eligible for testing up to 3 prior to the 4th year of service. • B ;` c marks: NIMS IS 100/200 & IS 700; Tactics and Strategy (>12 ho rs) or equivalent; VT Firefighter II for employees covered under this ontract that were hired after July 1, 2006. . 0 Skill Assessment: Candidate will review, discuss, and recite SOP's and Rules & Regulations with Chief and off-shift Captain o Report Writing: Candidate will take fire incident and/or EMS incident facts and assemble them into a written report on the computer. o Incident Arrival Reporting: Candidate will be shown several pictures and using a radio will be asked to make a verbal incident arrival report outlining visible conditions. Lieutenant o Candidate must hold Senior Firefighter rank with the South Burlington Career Fire Department and shall be eligible for testing at every opening. o All employees hired after July 5, 2004 must hold the rank of Senior Firefighter with the South Burlington Career Fire Department for at least two (2) years to be eligible for testing. 30 o Benchmarks: Introductory Leadership Training Class (12 hours); Effective Jan. 1, 2014 candidates must hold a NFPA 1021 Fire Officer I certification o Training Presentation: Candidate will be given a training topic of the Chief's choice with 24 hours to prepare a 5-minute training presentation before oral review board participants. o Written Exam: Nationally Validated Exam o Oral Board: See section 2.B. below. Captain o Candidate must hold Lieutenant rank with the South Burlingt• • Career Fire Department for at least 2 years and shall bee ,-; -._► r testing at every opening. o Benchmarks: Introductory Management Training Cla F s) Effective Jan. 1, 2014 candidates must hold a NFP f'✓ Officer II certification o Written Exam: Nationally Validated Exam o Oral Board: See section 2.B. below. o Administrative Project: Candidate will b= -s" • t•'put together a budget/purchasing research project a: : s;-..f.-t, by the Chief. o Operating Procedure Project: Can''--te • be asked to develop a written standard operating procey '' -; _.yecified by the Chief. 3. Promotion Ranking: A ranking score will be 'eter'`_ -d by a four (4) part process: a. Written Exam - 45 points. Thr' :- +! will be a Nationally Validated Fire Service Exam, such as the Interns Tonal '-rs•nnel Management Association. A copy of the study materials will de a ailable at both Fire Stations. A copy of the reading list will be m- ,e it le to all candidates and posted with the announcement. b. Oral Board ` _.oints. The Oral Board will consist of three (3) raters. __xty O``' ial • A M -gement Professional •11.r ' ; outside Career Fire Officer o al Loard will last no longer than 30 minutes. The oral board will not be are the written test scores. The board will be given a copy of the idate's resumes on the day of the interview. . Resume: 10 Points • Applicant will submit resume with information pertinent to the position being applied for. See Addendum 2 for sample resume and complete point explanations. • A maximum of six (6) points shall be given to the resume, with one (1) point for each of the following categories: spelling, grammar, format, presentation; and a maximum of two (2) points for accuracy of information. A single error in any of the categories will result in a one (1) point loss for that category. • A maximum of four (4) points shall be given for Formal Education and Professional Military Education. These points shall be distributed as 31 follows: • Military (Min. grade of E-5), any career field = 0.5 • Military (Min. grade of E-5), firefighter (48 months) = 1.5 • Associates Degree = 1.0 • Associates Degree (fire specific) = 2.0 • Bachelors Degree = 2.0 • Bachelors Degree (fire specific) = 3.0 • Graduate Degree = 3.0 • Graduate Degree (fire specific) = 4 • All points are non-cumulative, with a maximum of ten (10) pa. s` awarded for the resume portion of the process. d. Time in Service: up to 10 Points One half of a point for each year of service as a Car 4 yee with the fire department. 4. Selection Phase: • A Promotional Test will be given when a va an` oc rs. The Results of the test will be valid for 6 months from the compl-44 of t' - process. At the conclusion of the process, the Association will be gi .:_w = = outlining start and end of the 6- month time frame. • All scores will be kept confidential • All Time limits may be extended`.." =+u ual agreement of the parties. • At the conclusion of the process 'v; a andidate will be given his/her ranking. • The Chief will have the .,.ti• of s`- ecting from the top two candidates. • Selection Phase: Th-;to ' o 2) ranked candidates will be presented to the Fire Chief for selection.;;.Th Ch`` s final selection must be approved by the City Manager, as re. ire. :;the City Charter. ARTICLE 17 HEALTH AND SAFETY A. Upon requ , Cit shall provide to each employee hepatitis vaccination and follow-up antibodies test, clu g Hepatitis C testing, at no cost to the employee. B. No :fitlsta .ng any provision of the law to the contrary, it shall be presumed that any em• -y== wh contracts HIV, the AIDS virus, all forms of Hepatitis, Tuberculosis, or any other c. ..ctib - irus has done so as the result of a work-related incident or event, provided there is an ex'.x; gig log or record(s) or events which support such a presumption. C. Upon request of either party a Safety Committee will be assembled which shall consist of one member of the Association and the Fire Chief. It shall be the purpose of this committee to examine ways in which to improve the safety of working conditions and equipment and to review new equipment that is available and make suggestions in this regard. D. Medical Evaluation Questionnaires: A Medical Evaluation Questionnaire for the purposes of wearing a respirator will be completed by the Association membership. A physician will be selected to review the questionnaires, which physician will be determined by agreement by both parties. If an employee fails the initial 32 evaluation the employee will remain at his/her current rank and pay and remain at his/her current schedule, for the period of three months. Subsequently, after three months the opportunity for a second medical evaluation will be available. All medical evaluations will be kept confidential. E. If a fire employee is deemed unable to wear a respirator, the individual would cease employment with the City as a firefighter due to his medical condition. The employee would be notified of all subsequent openings within the City for which they are trainable or qualified. In the event the employee returns to the City as an employee he or she would retain their salary level and longevity, and they would fit into the new position step plan. F. SCBA Face-piece Seal Protection: ;.:. Whereas the City is required to comply with VOSHA laws regarding respirator , h- ollowing standards shall be adhered to relative to Face-piece Seal Protection: 1910. thru 1910.134(g)(1)(ii). The City shall not permit respirators with tight-fitting fa i o be worn by employees who have: Facial hair that comes between the sealing rfa a face-piece and the face, or facial hair that interferes with valve function; or any : o at interferes with the face-to-face-piece seal or valve function. If an employee we-; cE.. r- a glasses or goggles, or other personal protective equipment, the City shall s•x:- t :t such equipment is worn in a manner that does not interfere with the seal of the i - to the face of the user. For all tight fitting respirators, the employer shall ensure ;;;:e ees perform a user seal check each time they put on the respirator using the pro " - . Appendix B-1 of VOSHA standards or procedures recommended by the resp' "• ` .Tpufacturer that the employer demonstrates are as effective as those in Appendi x B- OSHA standards. Employees shall follow manufacturers recomm= `°:;gin for the Scott 4.5 SCBA provided by the City for use by employees shall not be w' n whe' conditions prevent a good face to face-piece seal. Such conditions may include, b rti•t li ited to: growth of beards, sideburns, a skull cap that projects under the face-pie o'° ;- .'.le pieces on glasses. Also, the absence of one or both dentures can seriously ef t to fi " f the face-piece. Use of the respirator without a good face to face-piece seal re... - the duration of use and/or expose the user to the atmosphere the respirator i e"': ed to protect against. G. Annual Fit Test: The City will provid=. an' =`x:- BA mask fit testing, using Quantitative Fit Testing method. If the employee fails t rit tes he employee will continue his/her normal work schedule until a properly fitted :s ;;;;; found for the employee, without loss of his/her rank, pay, and current position. H. Eff- xtiv ,.J. dary 1, 2011, employees covered under this Agreement shall only be sup- i '4 b; ranking senior fire fighters and fire officers covered under this agreement (Sr. Fire -r, Lir tenant, Captain, and Administrative Captain) and will not be supervised by non- bargai g unit employees. The only exception to this is the Fire Chief and any future full time fire officer positions. ARTICLE 18 HEALTH AND WELLNESS A. All employees covered under this agreement shall participate in the yearly health screening offered by the City. This health screening shall remain confidential, and only proof of participation shall be provided to the City. The City will make every effort to schedule these 33 screenings in the fire station(s) and accommodate multiple shift schedules. B. All employees covered under this agreement shall participate in the yearly Health Risk Assessment offered by the City and their health insurance provider. This assessment shall remain confidential, and only proof of participation shall be provided to the City. C. Fitness Testing Program This section sets forth the standard for the South Burlington Fire Department Fitness Testing Program. The standard for the receipt of compensation for a fire department employee " I be based on the scales and standards set forth by the American Council on Exercise (AC. .s accepted by the International Association of Fire Fighters (IAFF) and International A •sac' of Fire Chiefs (IAFC). 1. All employees hired before 07/01/2012 are encouraged to participat- . t►- testing program. All employees hired after 07/01/2012 are required t -s- ully complete the fitness test once annually. 2. Testing shall be conducted twice per fiscal year with app, x (6) months between testing. 3. The minimum standard fo r passing will be a scc �:::: a e (healthy) or higher in all of the following categories: 10 1. Cardiovascular test (1 1/2 mile run, 1 IT.' i i iinute step test, bicycle test) 2. Maximum pushups per minute 3. Maximum sit ups per minute 4. Body Fat testing using caliper- ..._ 5. Maximum Bench Press, b_ -d • 6. Sit and Reach Flexibility t : the box Successful completion of testing at a standard above the minimum standard shall be encouraged a►.+ o •ensated in accordance with Section C.4 of this Article. 4. Compensation .r succ- ful completion of the fitness testing shall be as follows: H > ly / verage: $325.00 L .ove Average: $400.00 it: $475.00 5 m*lo -s hired before 07/01/2012 who do not successfully complete their semi-annual t- .t - the fitness test are encouraged to seek assistance from the Fitness Coordinator, oth. fitness professional, and may reattempt the test once within three (3) months of the f_. -. attempt. Compensation for the successful reattempt shall be in accordance with Section 4 above. No compensation shall be given to employees who seek off-duty assistance from a fitness professional. 6. Employees hired after 07/01/2012 are required to successfully complete the fitness test once annually, but shall be allowed to participate in, and receive compensation for successful completion of, the testing process twice in a fiscal year if said employee successfully completes the fitness test on their first attempt. 7. If an employee hired after 07/01/2012 does not pass the fitness test on their first attempt, 34 said employee shall work with the department fitness coordinator to develop a plan of action to achieve a passing result within three (3) months of the first attempt. If the second attempt is also unsuccessful, said employee shall have a third attempt to successfully complete the fitness test within three (3) months of the second attempt. There shall be no compensation for successful reattempts and no compensation shall be given to employees who seek off-duty assistance from a fitness professional. 8. The records for the testing and the testing procedure will be conducted and kept by the South Burlington Fire Department Fitness Coordinator and/or his designee or a person deemed appropriate by the Chief and Union. After each test period, the Fitnes Coordinator shall provide a list of those employees eligible for this compensatic .t nn.^, 9. The City and the Union shall work together to encourage and promote .,;,_,,:: participation in the fitness testing process. ARTICLE 19 MISCELLANEOUS A. This Agreement shall remain in force until such time as a sillies -greement is signed by the parties. B. During the period of this contract the Association agree to participate in the present employee evaluation system. At the concl io icipation the association may unilaterally withdraw from the process or institute c nge to the process to accommodate their particular employment needs and circumstanc:-:::.,,:_, C. Firefighters hired after September 1, ::•96, s' 7:11 not engage in smoking cigarettes, cigars, pipes, using smokeless tobacco, or a ;;ot '-r tobacco products on or off duty, and shall sign a written statement attesting to this. ..e " •e, dix C. D. All facilities, property, vehic. ; an. '< : ergency incidents will be tobacco free. E. Fitnes Testing Pry^rc standard for the S Testing Pro . icon Council on - L^..^C_.-., =„m I nni +inn of Ciro Chief (l FC) "(:>'‘ 1 . 8. M um-pushups per minutc 9. Maximum sit ups per minutc I M ximi im Bench press h sed nn �ei�__Q9eight I`) Cif nd Reach Flexibility test i sing the boox 35 deemed appropriate by the Chief and Union. Fire Department cmploycoc f oss s a lords sew a ove shall T��� ARTICLE 19 PRIOR BENEFITS AND PRESERVATION OF RIGHTS A. This Agreement and the Personnel Rules and Regulations of the City of South Bd ngto (Dated February, 2009), which are incorporated herein (Appendix E), embod : x:' a.nd complete understanding of the parties as to the terms and conditions of th p ment covered by this Agreement. However, the parties acknowledge that they practices which have been employed in the past or are presently observed within e rtment which were not previously discussed or considered during the dev m this Agreement. To the extent that any of these practices or personn- r e inconsistent with the terms of the Agreement, the Agreement shall prevail. , 36 Signature Page CITY OF SOUTH BURLINGTON, VT THE SOUTH BURLINGTON CAREER FIREFIGHTERS'ASSOCIATION IAFF LOCAL 3671 AGREEMENT 7/01/2012 — 6/30/2015 For the South Burlington Career Firefighters' Association For the City of South B • on Christopher L Corbin, President Rosanne Gre Troy Porter, Vice President 'a F i a. °enzie Pat Nowak Helen Riehle Chris Shaw Date."'x is XXth day of March, 2013 at City of South Burlington, County of Chittenden, Vermont. 37 JLadd From: Bob Rusten Sent: Tuesday, March 05, 2013 3:08 PM To: jladd@sburl.com Subject: FW: 3 /11 and 3/18 agenda Possible items 3/11 Organizational meeting Set date for reopened public hearing IZ 12-06 Firefighters CBA One-year extension to audit contract Disbursements City Council training ideas 'pads and software Public Records Request—don't put on agenda as of yet but we may need to do so 3/18 George Maille—noise abatement George Maille—regional airport Signage at PD Justin's two items What Council wants to do at Homestead at Wheeler Park LDR Public Hearing Fire Ordinance Public Hearing Interviews for Planning Commission and DRB Discuss and possible approval of Council strategy in regards to Homes Road and the Railroad crossing issue. Blanchette Fund paperwork—consent agenda When to schedule next legislative breakfast Police Impact Fee Ordinance Disbursements February Financials Charging PRRs HomeShare Vermont's Bob Rusten Deputy City Manager City of South Burlington Notice- Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made 1 JLadd From: Bob Rusten Sent: Friday, March 01, 2013 11:17 AM To: jladd@sburl.com; Bob Rusten (brusten@sburl.com) (brusten@sburl.com) Subject: 3 /11 and 3/18 agenda Possible items 3/11 Organizational meeting Set date for reopened public hearing IZ 12-06 Firefighters CBA One-year extension to audit contract Disbursements 3/18 George Maille—noise abatement George Maille—regional airport Signage at PD Justin's two items What Council wants to do at Homestead at Wheeler Park LDR Public Hearing Fire Ordinance Public Hearing Interviews for Planning Commission and DRB Discuss and possible approval of Council strategy in regards to Homes Road and the Railroad crossing issue. Blanchette Fund paperwork—consent agenda When to schedule next legislative breakfast Police Impact Fee Ordinance Disbursements February Financials Bob Rusten Deputy City Manager City of South Burlington Notice- Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error,please notify us immediately by return email. Thank you for your cooperation. 1 (--.)b B . , lt\ml )C(1(\t-f)u-- , __..) 1 I 0492' e'' . --At :02_,.. � .. 'Z'') 71-0-_,___________ --------\- it ' \...., 1-1---- 4\ ___._:..r.__.$ I. Burlington International Airport. (Bob Fletcher, City At 7. Discuss and possibly approve the Collective Bargaini of South Burlington Police Officers' Association (Bob !-HL/ opining 6 .-hua&,ttiP a(Q g9114o 8. *** Discuss and possible approval of the Resolution F and Charges (Bob Rusten, Interim City Manager). 9. Interim Zoning-Deliberative Session: (City Council-D presently before the City Council. Deliberative sessi n , Deliberations will be in open session unless due to a deliberate in closed session] M a. Interim Zoning Application # IZ-12-13, Quee new dwelling units, 428-434 Shelburne Roar decision. 10. *** Discuss and consider approval of the Resolution Recording of City Council Meetings (Bob Rusten, In JLadd From: Bob Rusten Sent: Thursday, February 21, 2013 7:44 AM To: R Greco; Helen Riehle (hriehle@sburl.com); Pam Mackenzie; Sandy Dooley (sdooley@sburl.com); pengels@sburl.com Cc: jladd@sburl.com Subject: FW: South Burlington, turn off your lights for Earth Hour on March 23rd Please see below. At your March 6th Council meeting a Councilor can request as to whether to put this on the March 18th agenda. Bob Rusten Deputy City Manager City of South Burlington Notice- Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. Original Message From: World Wildlife Fund [mailto:ecommentsc wwfus.org] On Behalf Of Richard Musty Sent: Thursday, February 21, 2013 7:37 AM To: Sandy Miller Subject: South Burlington, turn off your lights for Earth Hour on March 23rd Feb 21, 2013 Mr. Sanford Miller 575 Dorset Street South Burlington,VT 05403-6260 Dear Mr. Miller, On Saturday, March 23, at 8:30 p.m., thousands of cities around the world will go dark for one hour during Earth Hour, WWF's annual campaign to raise awareness of the environmental challenges we all face, such as climate change. As a resident of South Burlington, I am turning out my lights and I urge our community to take part in Earth Hour. Here's how: 1. Turn off all non-essential lights in and around our government buildings 2. Promote the event and encourage landmarks and businesses in our community to join in. Participating for one hour during Earth Hour is only the first step. In addition to that symbolic event,our city can gain recognition for its efforts on climate change through the Earth Hour City Challenge. 1 Our towns and cities are already facing the staggering costs of weather driven to extremes by climate change, and the resulting power outages, flooded roadways, shuttered businesses, and damaged homes are becoming more and more frequent. Many cities across America understand these risks and are taking practical measures to prepare. Our city must do the same. With this letter I challenge our city to first take part in Earth Hour and then to participate in WWF's Earth Hour City Challenge! I hope you help protect my family and fellow residents by preparing for the increasingly extreme weather our community faces. Learn more at http://worldwildlife.org/earthhour. Sincerely, Dr. Richard Musty 55 Elsom Pkwy South Burlington,VT 05403-6606 (802) 865-0970 2