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Minutes - City Council - 11/21/2016
CITY COUNCIL 21 NOVEMBER 2016 The South Burlington City Council held a regular meeting on Monday, 21 November 2016, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: H. Riehle, Chair; P. Nowak, T. Chittenden, T. Barritt, M. Emery ALSO PRESENT: T. Hubbard, Deputy City Manager; A. Bolduc, City Attorney; Chief. D Brent, Fire Department; Chief T. Whipple, Police Department; J. Rabidoux, Public Works Director; I. Blanchard, Project Manager; M. Machar; P. Conner, Director of Planning & Zoning; M. Leugers, Recreation Director; A. Reed, Technology; J. Murray, Library Director; M. Mittag, R. Greco, J. Barlow 1. Agenda Review: Additions, deletions or changes in order of agenda items: No changes were made to the Agenda. 2. Comments & Questions from the public not related to the agenda: There were no comments or questions. 3. Announcements and City Manager’s Report: Council members reported on meetings and events they had attended. Mr. Hubbard: The city has met with Hickock & Boardman, the new property insurance provider. The most recent Pension Advisory Committee meeting went well. This has been a good year. The Auditor will present on 19 December. Staff is working hard on the budget. 4. Consent Agenda: a. Sign Disbursement b. Approve Minutes for 7 November and 14 November 2016 It was noted that on p. 5 of the 14 November minutes, the years in item “b” should be 2015 and 2016. It was noted on p. 4, second paragraph, the word “aviation” should read “avigation.” Ms. Emery moved to approve the Consent Agenda with the above amendments. Mr. Barritt seconded. Motion passed unanimously. 5. Council Review and Discussion of Proposed Ordinance Updates: Mr. Bolduc reviewed the history of updates to make ordinances more searchable and readable. Mr. Barlow noted the city’s “ad hoc” approach to ordinances, and said the aim now is to reduce the stack of papers to something “codifiable” and usable to the public and to attorneys. He explained the process of converting ordinances to an electronic form and how to proceed from there. a) Care/Control of Dogs & Cats Ordinance: Ms. Riehle questioned the need to investigate an issue within 7 days. Mr. Barlow said that is State law. He acknowledged problems with that timing (time for due notice, time for a pet owner to prepare a defense, etc.). He suggested keeping the 7 days as there is no penalty for taking longer. Ms. Emery asked how “restorative justice” works in this process. Mr. Barlow said the issuing office has discretion in these cases. b) Security Alarms: Ms. Emery asked about car alarms. Mr. Barlow said he would check with Chief Whipple to see if those should also apply. c) Tree Ordinance: Mr. Barlow suggested putting in a diagram to answer the concerns raised in writing by Mr. Chittenden. There can also be a reference to tree-related concerns in the Land Development Regulations. Mr. Barlow noted the city is not obligated to replace trees removed from the city right-of-way. Ms. Nowak noted she was asked by neighbors about trees that are city‐owned that are “precariously perched” near their homes. Mr. Barlow explained the possibility of city liability if there has been prior notice of the concern. d) Fire Prevention and Fire Safety: When the new ordinance is written, some points from the earlier ordinances will be rewritten. Mr. Barlow noted that some of Mr. Chittenden’s concerns had not been vetted yet with the fire Department. It was noted that the first reading of the new ordinances will be on 5 December. Two members of the local Boy Scout Troup were recognized. They explained that they were attending the meeting as part of a citizenship project. 6. Department Presentations on the Capital Improvement Plan: Ms. Blanchard explained that at this meeting, department heads would be presenting their requests for the Capital Improvement Plan (CIP). Ms. Machar noted the plan looks into projects 10 years out. It can be changed, depending on city needs. A public hearing has been warned for 5 December, 7 p.m. to see if the public proposes any changes. Some changes made to the Plan include: the proposed FY18 general fund sourced revenues have been increased by $775,000. The Plan includes Open Space and Natural Areas Task Force’s recommendations funded by open space debt proceeds. Facility stewardship has been moved from “Administration” to “Public Works” as Public Works oversees those projects. Ms. Nowak suggested a “key” for the budget, so the Council can know what has been moved where. Mr. Barritt asked where the $775,000 came from. Ms. Blanchard said some comes from a change in vehicles (Public Works), a slight increase in IT, a slight increase in Public Facilities, additional payment for bond debt, enhancements at Baycrest Park, and work at Veterans Park to expand electrical capacity. Ms. Blanchard said the funding source will be provided for each project. a) City Center: Ms. Blanchard noted a wide variety of funding sources including debt service, reserve contributions, and construction projects. b) Community Library: Ms. Murray said they are planning ahead for when the Bookmobile can no longer serve the community. They expect to receive a grant for a portion of that cost. This is in the 2020 budget with $60,000 coming from the general fund and $50,000 from fund-raising, grants, and contributions. The Bookmobile serves school age children during the summer in camps and in day cares. It also serves adult readers in residential facilities. The Bookmobile would also have carts which could be rolled into buildings. It would be air conditioned. Ms. Riehle asked how this would affect funding for a new Library. Ms. Murray said the timing isn’t good, and they hope the current Bookmobile can “chug along” for a while. The Library is also looking for a 19-hour position (now a 10 hour position). Ms. Emery suggested a little library in schools where camps are held or in senior homes. c) Police Department: Chief Whipple There are 2 marked cars for 2018 ($82,000) and $75,000 for communications/computers/electronics in FY2018. The technology lease ($18,000/year) will be paid off in 2019; after that, the Department will own the equipment. Chief Whipple noted the decreasing bond for the Police Station. Radio replacement has been removed from the next few years as it was all done this past year. There is $50,000 in FY20 and FY21 for dispatch equipment. But this could be reduced if a regional dispatch system is put in place. The Chief also explained the replacement process for weapons. Ms. Nowak asked the Chief to come back to the Council with any changes needed if the Legislature passes the legalization of marijuana. The Chief said they are beginning to get data from Colorado and will soon be able to get data from Massachusetts and Maine, all of which have legalized marijuana. Chief Whipple added that at present, only 3 officers are trained to know what drugs people may be on based on their appearance. There is nothing to tell officers what is a safe/unsafe amount of marijuana. Ms. Nowak asked who is funding Narcan. Chief Whipple said he didn’t know. He has been told that the Dept. of Health provides it free to the Department, but he didn’t know who funds the Health Dept. The Chief then explained present and future building maintenance issues. Mr. Hubbard explained how some of the rental money paid to the city is used for this purpose. d. Recreation & Parks Department: Ms. Leugers said Open Space and Impact fees are used for debt payment over the next 10 years. She noted facilities funding and the electrical upgrade at Veterans Park. Work will be done at Baycrest Park this year. They are looking for sponsorship to cover half of that cost. Mr. Barritt asked if there is a demand for the South Village soccer field. Ms. Leugers said “definitely.” There are not enough fields in the city to accommodate tournaments. Mr. Rabidoux noted that when South Village came on line there was a requirement for the land to be set aside for a soccer field. There have also been impact fees committed for that use. Mr. Conner added that in 2007, the City entered into an agreement with South Village that impact fees for South Village are kept for this soccer field. Mr. Barritt asked if there is adequate parking. Mr. Conner said there is the possibility of shared parking with the farm. Mr. Rabidoux then reviewed the history of the Dog Park and its present location at North Henry Court. He said there may be a need for an additional Dog Park elsewhere in the city. Overlook Park is showing its age, Mr. Rabidoux explained, and it has been moved into FY19 for a “facelift.” Ms. Riehle noted the trees that are growing up and blocking the view from that park. She noted the trees were provided for the residents to the west. She felt comfortable removing the city’s trees because the property owner’s trees have grown up. Mr. Rabidoux noted that the JC Park numbers are “placeholders.” The building will be coming down soon. Ms. Leugers said there may be a new master plan for the JC Park area. e. Fire/Ambulance: Chief Brent explained that most expenses are for equipment and vehicles. He noted a sum of $109,000 which is broken down as follows: for a pick-up truck ($32,000), turn-out gear ($32,000) and replacement of breathing air compressor ($45,000 used to fill air tanks). There are also funds for repayment “to self” for purchase of the pumper. Ms. Riehle asked if the city has trucks to fight a 5-story building fire. Chief Brent said it does. The problem is impediments between the truck and the building. He added he has seen no problems with buildings planned thus far for City Center as they are close to the road. In FY25, they will be replacing a fire truck. The $1,350,000 estimate is based on an industry average. Ms. Nowak asked if there are funds for a second story of the Shelburne Rd. Fire Station. Chief Brent said they hope to do that work this year. They have the money from impact fees. Regarding ambulance service, Chief Brent noted they will be asking for $32,000 in FY18 to replace a cardiac monitor. They will need to replace an ambulance in FY21 ($264,000). f. Technology: Mr. Reed noted that FY18 requests include hardware ($14,000), software ($15,000) and 3 servers ($20,000). Ms. Blanchard noted costs to build the second floor space at the Police Station and also money for banners and wayfinding. There is also a new item for Public Art beginning in 2020 ($20,000 a year). A Public Art Committee will provide suggestions. g. Public Works/Enterprise funds: Mr. Rabidoux noted that paving and vehicle replacement come from the General Fund. Paving costs go up about $25,000 a year through 2021. This year, they are looking to get a plow truck, a sidewalk plow and a loader truck. They will also look to add indoor storage. The item for facility stewardship was transferred from administration. It includes upgrades to City Hall restrooms and the large conference room. There will be a “pass‐through” source for signal control on Dorset and other streets, though this has to be shown in the CIP. Ms. Riehle asked if Public Works does anything for the Schools. Mr. Rabidoux said there is “normal mutual aid,” but no formal relationship. School plowing is contracted out. Mr. Rabidoux said he would need more staff if they had to do the school parking lots as they would have to be done at the same time as other city plowing. Ms. Riehle asked who plows Rt. 116. Mr. Rabidoux said the State. With regard to recreation paths, Mr. Rabidoux noted there are 2 projects set for FY18: the Allen Road shared use path ($51,000) and the Spear Street/Jug Handle shared use path ($26,000). In the next 2 years, the focus will be on Market Street. Some road improvement projects include: Hinesburg Rd/Tilley Drive sidewalk ($48,000) Intersection of Airport Parkway/Lime Kiln Road ($50,000) (Mr. Rabidoux noted the Air Guard is interested in helping with the work) Mr. Rabidoux noted the Williston Rd. project is 50% TIF eligible including the streetscape between Dorset St. and Patchen Road. The Airport Road Extension would begin in FY20. The aim is to get Airport traffic out of the residential neighborhood. With regard to sewer, Mr. Rabidoux said they have refocused where to put money. The focus will be on Bartlett Bay upgrade ($15,000,000 has been set as a placeholder) and disconnecting Hadley/Proctor people from the Burlington system to the Bartlett Bay Plant (approximately 8,000 gpd). Mr. Rabidoux stressed that to do nothing would cost the city $8,900,000 over 20 years. By switching to the Bartlett Bay system it will cost under $3,500,000. With regard to stormwater, Mr. Rabidoux identified money to comply with permits and funding for fleet replacement and projects. He noted that the State is very interested in the South Burlington model, and he felt there could be grant money available. Mr. Rabidoux anticipated that sewer and stormwater rates will be very consistent with what has been seen in the past. Mr. Hubbard then thanked Ms. Blanchard and Ms. Machar for compiling all the data and also the Department Heads for putting together the CIP. He noted that with everything seen tonight, the budget would be at 5.25%, and there is work to do to bring it down to the 3% the City Council has set as a guideline. Mr. Hubbard noted that the Grand List would be close to zero growth due to the Airport settlement. 7. Presentation on South Burlington Water Treatment Capacity: Mr. Rabidoux said there is good news on a lot of fronts since the last report in 2014. He reviewed the sharing arrangement with Colchester. He also noted they are presently using 1.77 million gallons per day, which means that 1.5 million gallons per day allotment is not being used. In addition, wastewater usage has been down in each of the last 3 years, either from conservation efforts or because of dryer weather. Nevertheless, 30,000 gpd is being added to the system each year because of development. Mr. Conner applauded the work of the Energy Committee in making people more conscious of conservation. Water use has been down 3% over the last 5 years. Mr. Rabidoux explained the driving factors for when a facility reaches capacity. Ms. Emery asked how someone gets in line for space at the Treatment Plant. Mr. Conner explained that a developer needs to get a pre-approval statement from Public Works that there is capacity. That information goes to the State as well. When the developer comes in to get building permits, all the fees have to be paid, including the allocation. The developer has 10 years in which to use that allocation; otherwise they lose it. Mr. Mittag expressed concern that there isn’t enough capacity reserved for City Center. He suggested adding more gpd to that reserve. Ms. Riehle noted that 150 gpd is currently reserved. Mr. Conner said this may be at 140,000 now because of City Center development that has occurred. Ms. Emery said she would prefer not to take usage out of the reserve but to keep the reserve intact. Mr. Rabidoux said they can do anything the Council instructs them to do. Ms. Nowak asked what the capacity could be for City Center. Mr. Conner said a “best guess” was 330 gpd inside the TIF District and 140 gpd outside the TIF district. Ms. Greco felt the city was doing a lot of guessing. If there is no downside to reserving capacity, she felt it should be increased. She said the city shouldn’t rely on Colchester not growing. Mr. Rabidoux noted Colchester hasn’t grown in 6 years, and he felt the past was the best predictor of the future. Members agreed to pursue a conversation about increasing the City Center reserve. 8. October Financials: Mr. Hubbard reported that 1/3 of the way through the budget, expenses are at 34% and revenues at 28%. Two-thirds of bond payments have been made as well as Workers Compensation payments. Enterprise funds are also in good shape. Ms. Emery said she would like to go to VEPC to see if some TIF fund could go to grants for local businesses to locate in the TIF district. Ms. Nowak noted that grants don’t last forever, and rents go up. She noted the many shops that have gone out of business in Williston because they couldn’t afford the rents. 5. Other Business: A. Items Held from Consent Agenda No items were held. Mr. Chittenden asked if UMall is added to the TIF district, would its value be based on the $90,000,000 estimate or the $50,000,000 value. Mr. Hubbard said the city’s assessment is in the $50,000,000s. As there was no further business to come before the Council, Mr. Chittenden moved to adjourn. Mr. Barritt seconded. Motion passed unanimously. The meeting was adjourned at 10:36 p.m. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. South Burlington Water Dept. Accounts Payable Check Register Date: 11/22/16 Date Check No. Paid To Memo Amount Paid 11/22/2016 3105 All Seasons Excavating 3,063.85 Date Voucher Number Reference Voucher Total Amount Paid 8/3/2016 VI-14147 29040 3,063.85 3,063.85 11/22/2016 3106 Century 21 Jack Associates 342.99 Date Voucher Number Reference Voucher Total Amount Paid 11/3/2016 VI-14146 REFUND OVERPYMT 342.99 342.99 11/22/2016 3107 Champlain Water District 120.18 Date Voucher Number Reference Voucher Total Amount Paid 10/31/2016 VI-14145 10-125(X) 120.18 120.18 11/22/2016 3108 E.J. Prescott, Inc. 58.11 Date Voucher Number Reference Voucher Total Amount Paid 11/4/2016 VI-14148 5170172 58.11 58.11 11/22/2016 3109 Engineers Construction Inc. 14,789.52 Date Voucher Number Reference Voucher Total Amount Paid 10/24/2016 VI-14144 25900 14,789.52 14,789.52 11/22/2016 3110 Stiles Company Inc. 1,513.00 Date Voucher Number Reference Voucher Total Amount Paid 10/31/2016 VI-14143 226182 1,513.00 1,513.00 Total Amount Paid: 19,887.65 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: November 17, 2016 Page 1 of 1 MEMORANDUM TO: South Burlington City Council CC: Kevin Dorn, City Manager, Donna Kinville, City Clerk, Trevor Whipple, Chief of Police FROM: Atty. Jim Barlow DATE: November 21, 2016 RE: Proposed Amendments to Care and Control of Dogs and Cats Ordinance Background Ownership, keeping, and licensing of dogs and cats is regulated through the South Burlington Care and Control of Dogs and Cats Ordinance (the “Dog and Cat Ordinance”). The Dog and Cat Ordinance was adopted on May 7, 1963. It was amended June 3, 1968, June 16, 1975, October 2, 1995, September 15, 1997, and June 20, 2011. A copy of the most recent Dog and Cat Ordinance is available on the City’s website. Proposed Amendments Several amendments to the Dog and Cat Ordinance are proposed. Most of these amendments are technical in nature and intended to accomplish the following: •Update penalties for violation of the Ordinance and align the enforcement provisions of the Ordinance with applicable statutes. •Authorize dismissal of a municipal complaint (i.e. ticket) upon the successful completion of a restorative justice program through the South Burlington Restorative Justice Center. •Standardize the Ordinance’s organization, formatting and font. Proposed amendments to Section 3 of the Ordinance address working farm dogs. These amendments reflect 2013 changes to Vermont statutes found at 20 V.S.A. §3549. Proposed deletions are indicated with strikethrough. Additions are indicated with underline. Non-substantive changes to organization, grammar, spelling, capitalization, and section titles are not specifically indicated. A copy of the Ordinance with the proposed amendments is attached. Recommendation It is requested that the City Council consider and discuss proposed amendments to the Dog and Cat Ordinance and give feedback to staff regarding the same. Staff proposes that the Dog and Cat Ordinance be placed on the City Council’s agenda for first reading at the Council’s meeting on December 5, 2016. Care and Control of Dogs and Cats Ordinance CARE AND CONTROL OF DOGS AND CATS ORDINANCE 2 City of South Burlington Ordinance COUNCIL DISCUSSION DRAFT 11.21.16 Table of Contents 1. Purpose and Authority ......................................................................................................... 3 2. General Definitions ............................................................................................................. 43 3. Disturbances and Nuisances................................................................................................. 3 4. Collar and License ................................................................................................................. 4 5. Humane Care of Dogs and Cats ........................................... Error! Bookmark not defined.5 6. Enforcement ........................................................................ Error! Bookmark not defined.5 7. Impoundment ...................................................................... Error! Bookmark not defined.5 8. Notice of Impoundment and Release from Impoundment ................................................. 5 9. Investigation of Vicous Dogs or Cats ................................... Error! Bookmark not defined.6 10. Civil Penalty; Waiver Fee ..................................................................................................... 6 11. Other Relief .......................................................................................................................... 6 12. Severability ........................................................................................................................... 6 CARE AND CONTROL OF DOGS AND CATS ORDINANCE 3 City of South Burlington Ordinance COUNCIL DISCUSSION DRAFT 11.21.16 The Council of the City of South Burlington hereby ordains: This ordinance replaces The South Burlington Ordinance for the Care and Control of Dogs and Cats adopted May 7, 1963, amended June 3, 1968, June 16, 1975, October 2, 1995 and September 15, 1997. 1. Purpose and Authority This Ordinance is adopted by the City Council of South Burlington under authority of 20 V.S.A. § 3549, 24 V.S.A. §§ 2291 (10) and 2291 (10), (14), & and (15), and 24 V.S.A. Chapter 59, and Section 104 the South Burlington City Charter. It is tThe purpose of this Ordinance to regulate the keeping of Dogs and Cats, to protect public health and safety and to protect the residents’ quiet enjoyment of their homes and properties. 2. General Definitions For purposes of this Ordinance, the following words and/or phrases shall apply The following terms and phrases, when used in this Ordinance, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Dog Means aAny member of the canine species and any wolf hybrid as described in 20 V.S.A. § 3541(8). Cat Means aAny member of the feline species. Owner Shall include aAny person or persons, firm association or corporation owning, keeping, or harboring a Dog or Cat. Running at Large Shall mean oOff the premises of the Owner, and not under the control of the Owner, a member of his/her immediate family, or an agent of the Owner, either by leash, cord, chain or otherwise within control of such person so that at all times the Dog or Cat can be prevented from causing any damage, disturbance or annoyance. Enforcement Official When used herein shall mean aAny constable, City Police Officer, Animal Control Officer, and or pound keeperor ; it shall also include any other individual specifically person designated by the City Council to enforce the provisions of this Ordinance. Pound Keeper Refers to the person or organization which enters into a Contract with the City. Vicious Dog or Cat Means aA Dog or Cat that attacks any person or causes any person to reasonably fear attack or bodily injury from such animal, unless the person is trespassing on the property of the Owner of the animal. The term shall also mean any animal Dog or Cat that, while Running at Large, attacks another domestic pet or domestic animal, as defined in 20 V.S.A. §§ 3541 (2) and (3). Payment Refers to that all fines and waivers for civil penalties must be paid in cash and a receipt will be immediately issued. Working Farm Dog A Dog that is bred or trained to herd or protect livestock or poultry or to protect crops and that is used for those purposes and that is so registered pursuant to 20 V.S.A. 3541(9). CARE AND CONTROL OF DOGS AND CATS ORDINANCE 4 City of South Burlington Ordinance COUNCIL DISCUSSION DRAFT 11.21.16 3. Disturbances and Nuisances An Owner of a Dog or Cat shall not allow, permit or suffer a Dog or Cat to create a nuisance. The following shall be deemed nuisances: (A) No dog or cat shall Running at Large in the City. (B) No dog or cat shall harass or attack other animals or people unless such animals or people are trespassing on the private property of the owner of the dog or cat. (CB) A female Dog or Cat in heat that is not in heat shall be confined to a building or other secured enclosure, except while under the direct control of the Owner. (DC) No person shall own, keep or harbor aA Dog or Cat which by frequent or long continued noise disturbs the quiet, comfort and repose of others. (ED) A Dog or Cat The person in control of a dog or cat that defecates in any public area or on the private property of another person and whose Owner does not shall immediately remove the fecal material and dispose of it in a sanitary manner. The provisions of this section pertaining to Running at Large and disturbing the quiet, comfort and repose of others shall not apply to a Working Farm Dog on property being farmed by the person who registered the Working Farm Dog and: (1) the Working Farm Dog is barking in order to herd or protect livestock or poultry or to protect crops; or (2) the Working Farm Dog is Running at Large in order to herd or protect livestock or poultry or to protect crops. 4. Collar and License (A) Each Dog or Cat shall be licensed according to the laws of this State and shall wear a collar or harness with the current license attached. An animal Dog that is visiting from out of state must wear a collar or harness with a current license from its home state attached. (B) A Dog or Cat that is found without a collar or harness and license shall may be immediately impounded. under authority of 20 V.S.A. Chapters 193 and 194 with reference to section § 3806 and shall be managed under the provisions of that statute. (C) A Dog or Cat not licensed or properly inoculated by the due date April 1, may be seized or detained by thean Enforcement Official who is authorized and empowered to enter upon the premises and enter any structure to seize or detain a dog or cat. A Dog or Cat will be kept by the City, at the Owner’s expense, for a period of thirty (30) days to afford the Owner/keeper an opportunity to pay in full all fines, penalties, fees and costs of what so ever kind, and to obtain a license and/or inoculation. At the end of the thirty (30) days, if payment in full has not been received by the City, the Dog or Cat will be disposed of in a humane way or turned over to the Humane Society. (D) Pursuant to 24 V.S.A. Chapter 13-104(7) the City’s Charter gives the authority to adopt and enforce ordinances for the purpose of regulating and licensing the keeping of dogs or other pets. The fee for each dog license shall be $12.00 above the fee required by state statutes. The fee for each cat license shall be $3.00 above the fee required by state statutes. Under authority granted in Section 104(7) of the South Burlington City Charter, a $12.00 City Dog license fee and a $3.00 City Cat license fee shall be imposed in addition to any license fee imposed by Vermont statute. CARE AND CONTROL OF DOGS AND CATS ORDINANCE 5 City of South Burlington Ordinance COUNCIL DISCUSSION DRAFT 11.21.16 (E) Pursuant to 24 V.S.A. Chapter 13-104(7) the City’s Charter gives the authority to adopt and enforce ordinances for the purpose of regulating and licensing the keeping of dogs or other pets. Therefore the City will adopt late fees for those dog and cat owners who fail to register their dog or cat by the state imposed deadline of April 1st. A For Fiscal Year 2012 the late fee will be $10.00 in addition to the licensing fee. Beginning with July 1, 2012 the following late fees in addition to licensing fees, will be in effect: January 1 – April 1 $0 April 2 – April 30 $10 May 1 – December 31 $25 Under authority granted in Section 104(7) of the South Burlington City Charter, a $10.00 late licensing charge shall be imposed for Dogs and Cats licensed from April 2 to April 30. A $25.00 late licensing charge shall be imposed for Dogs and Cats licensed from May 1 to December 31. If a Dog or Cat is being registered due to the actions of thean Enforcement Official there will be a flat $50.00 fee imposed in addition to the licensing fee year round all other licensing fees and charges imposed. 5. Humane Care of Dogs and Cats All Dogs and Cats shall be furnished with clean and safe facilities sufficient to protect the animal and the public health. Any Dog or Cat determined by thean Enforcement Officials to be without such clean and safe facilities may be impounded. 6. Enforcement This is a civil ordinance and shall be enforced by an Enforcement Official in the Vermont Judicial Bureau in accordance with 24 V.S.A. §§ 1974a et seq. Each day the violation continues shall constitute a separate violation. A municipal complaint may, at the discretion of the Enforcement Official, be dismissed upon the successful completion of a restorative justice program through the South Burlington Community Justice Center. 7. Impoundment (A) Any Dog or Cat that is determined by an Enforcement Official to be a Vicious Dog or Cat which presents an imminent danger to people or other animals shall be immediately impounded. (B) Any Dog or Cat that is apprehended for a third or subsequent violation of any provision of this Ordinance shall be impounded. (C) Any Dog or Cat that is apprehended for Running at Large where the Owner cannot be found may be impounded. 8. Notice of Impoundment and Release from Impoundment (A) The officer An Enforcement Official who impounds a Dog or Cat shall, within 48 hours, give notice to the Owner thereof. , either personally, by telephone call, or by written notice at the owner’s dwelling. Such notice shall inform the Owner of the nature of the violations, the location of the animal and the steps that are necessary to have the animal returned to the Owner. CARE AND CONTROL OF DOGS AND CATS ORDINANCE 6 City of South Burlington Ordinance COUNCIL DISCUSSION DRAFT 11.21.16 (B) If the Owner of an impounded Dog or Cat cannot be located the Dog or Cat may be released to the Humane Society. (CB) If an impounded Dog or Cat has no license or other identification, the person who impounds Enforcement Official it shall proceed under the provisions of 20 V.S.A. § 3806. A refundable cash bond in the amount of seventy-four dollars ($74) Eighty-Five Dollars ($85.00) may be paid by the Owner in lieu of the license fee which includes late fine if the city clerk’s office is not open or the animal Dog or Cat needs requires vaccination prior to licensing. This cash bond shall be returned to the Owner upon proper licensing of the animal, after determining license fee amount and late fee owed. Failure to license the Dog or Cat within five (5) days shall cause forfeiture of the cash bond and the Owner shall be subject to all penalties provided for by this Ordinance. (DC) An Iimpounded Dog or Cat animals shall be released to the Owner only after payment of all penalties and impoundment fees and after remedial action by the Owner. Remedial action shall include but is not limited to such actions as providing a collar and current license and providing a plan for compliance with the provisions of this Ordinance and with State law. (ED) An “appropriate complaint” shall be deemed to have been made when a person verbally gives the City Police Department an Enforcement Official a full description of the Dog or Cat, including breed (if known), size, color, and other distinguishing features which description must be is sufficient for an Enforcement Official to make a proper identification. If such description is insufficient for proper identification, no dog or cat shall be impounded. The person who made such complaint shall file in writing with the Police DepartmentEnforcement Official a form furnished by the City setting forth his/her name, address, phone number, description of the Dog or Cat, and circumstances under which the Dog or Cat was believed to be in violation of this Ordinance. If no written complaint is filed, the City, at its option, may release the dog or cat and charge the complainant with any impoundment fees or boarding fees which may be due. (FE) In addition to the impoundment fees charged herein, there shall be a boarding charge as set by impoundment facility for a per day charge or fraction thereof during which the Dog or Cat is impounded. A Dog or Cat that is impounded and that is kept overnight shall be charged the per day boarding fee. (GF) The City Council is hereby empowered to increase the impoundment fees provided for in this section by appropriate resolution. The City Council may make such increases in said fees and charges as they deem appropriate and necessary. 9. Investigation of Vicious Dog or Cats per 20 V.S.A. § 3546 (A) When a Dog or Cat has bitten a person while the Dog or Cat is off the premises of the Owner or keeper, and the person bitten requires medical attention for the attack, such person may file a written complaint with an Enforcement Official or the City’s Health Officialer. The complaint shall contain the time, date and place where the attack occurred, the name and address of the victim or victims, and any other facts that may assist the legislative body City Council in conducting its investigation. (B) The legislative bodyCity ,Council, within seven (7) days from receipt of the complaint, shall investigate the charges and hold a hearing on the matter. If the Owner of the Dog or Cat which is the subject of the complaint can be ascertained with due diligence, said Owner shall be provided with a written notice of the time, date and place of hearing and the facts of the complaint. (C) If the Dog or Cat is found to have bitten the victim without provocation, the municipal officials City Council shall make such order for the protection of persons as the facts and circumstances of the case CARE AND CONTROL OF DOGS AND CATS ORDINANCE 7 City of South Burlington Ordinance COUNCIL DISCUSSION DRAFT 11.21.16 may require, including, without limitation, that the Dog or Cat is disposed of in a humane way, muzzled, chained, or confined. The order shall be sent by certified mail, return receipt requested. A person who, after receiving notice, fails to comply with the terms of the order shall be subject to the penalties provided in 20 V.S.A § 3550. (D) The procedures provided in this section shall only apply if the Dog or Cat is not a rabies suspect. If a member of the legislative bodyCity Council or an Enforcement Official determines that the animal is a rabies suspect, the provision of Subchapter 5 of Title 20 Chapter 193, Vermont Statutes Annotated and the rules of the Vermont Department of Health shall apply. 10. Civil Penaltyies; Waiver Fee and Costs (Sections 4, 8 & 103, 4 & 5) An Enforcement Official is authorized to recover civil penalties in the following amounts for each violation of Section 3, 4 or 5: First Offense: $50.00 Second Offense: $100.00 Third Offense: $200.00 Fourth and Subsequent Offenses $300.00 An Enforcement Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: First Offense: $25.00 Second Offense: $50.00 Third Offense: $100.00 Fourth and Subsequent Offenses $200.00 Offenses shall be determined on a rolling twelve (12) month basis. (A) First offense $5025.00 full penalty/$215.00 waiver penalty (B) Second offense $10050.00 full penalty/$5025.00 waiver penalty within a 12 month rolling basis (C) Third offense $200150.00 full penalty/$10075.00 wWaiver penalty within a 12 month rolling basis (D) Subsequent offense $3200.00 full penalty/$2100.00 waiver penalty within a 12 month rolling basis 11. Other Laws Relief This Ordinance is in addition to all other ordinances of the City of South Burlington and all applicable laws of the State of Vermont. If Vermont statutes change regarding any section of this Ordinance then Statutes rule until this Ordinance can be modified to conform. In addition to impoundment and the enforcement procedures available before the Judicial Bureau, the City Manager is authorized to commence a civil action to obtain injunctive relief and other appropriate relief, or to pursue any other remedy authorized by law. CARE AND CONTROL OF DOGS AND CATS ORDINANCE 8 City of South Burlington Ordinance COUNCIL DISCUSSION DRAFT 11.21.16 12. Severability If any section of this Ordinance is held by a court of competent jurisdiction to be invalid, such finding shall not invalidate any other part of this Ordinance. 13. Effective Date This Ordinance shall become effective July 1, 2011. If a petition is filed under 24 V.S.A. § 1973, that statute shall govern the taking effect of this Ordinance. Adopted at South Burlington, Vermont this _____ day of __________________, 2016, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _________________________________ Helen Riehle, Chair _________________________________ Meaghan Emery, Vice-Chair _________________________________ Tim Barritt, Clerk _________________________________ Thomas Chittenden _________________________________ Pat Nowak Received and recorded this ______ day of _____________________, 2016. _________________________________ Donna Kinville, City Clerk MEMORANDUM TO: South Burlington City Council CC: Kevin Dorn, City Manager, Trevor Whipple, Chief of Police FROM: Atty. Jim Barlow DATE: November 21, 2016 RE: Proposed Amendments to Security Alarm Ordinance and the Resolution Enacting Registration Regulations and Fees for the Security Alarm Ordinance Background Installation, registration, and operation of security alarms are regulated under the South Burlington Security Alarm Ordinance (the “Security Alarm Ordinance”). Fees for registering security alarms and for reimbursement of City expenses incurred in responding to false alarms are set in the Resolution Enacting Registration Regulations and Fees for the Security Alarm Ordinance (the “Resolution”). The Security Alarm Ordinance was adopted on September 15, 1975. It was amended May 17, 1993 and October 16, 2006. The Resolution was adopted on October 16, 2006. The current Security Alarm Ordinance and Resolution are available on the City’s website. Proposed Amendments Several amendments to the Security Alarm Ordinance and the Resolution are proposed. Most of these amendments are technical in nature and intended to accomplish the following: Update penalties for violation of the Ordinance and align the enforcement provisions of the Ordinance with applicable statutes. Authorize dismissal of a municipal complaint (i.e. ticket) upon the successful completion of a restorative justice program through the South Burlington Restorative Justice Center. Standardize the Ordinance’s organization, formatting and font. Add a severability clause to the Ordinance. Proposed amendments to Section 2 of the Ordinance clarify that the Ordinance does not apply to fire alarms, which are regulated under the City’s Fire Prevention and Fire Safety Ordinance. A definition for the term “Answering Service” is deleted. The term is not used in the Ordinance. A definition for “Elevator Car Emergency Signaling Devices” has been added. Under proposed Section 7 of the Ordinance, Elevator Car Emergency Signaling Devices that automatically dial directly to the Police Department to are prohibited unless approved in writing by the Police Chief. Section 10 (B) has been moved to the Ordinance from the Resolution. Proposed deletions are indicated with strikethrough. Additions are indicated with underline. Non-substantive changes to organization, grammar, spelling, capitalization, and section titles are not specifically indicated. Copies of the Ordinance and the Resolution with the proposed amendments are attached. Recommendation It is requested that the City Council consider and discuss proposed amendments to the Ordinance and Resolution and give feedback to staff regarding the same. Staff proposes that the Ordinance and Resolution be placed on the City Council’s agenda for first reading at the appropriate Council meeting. Security Alarm Ordinance SECURITY ALARM ORDINANCE 2 City of South Burlington Ordinance Council Discussion Draft 11.21.16 Table of Contents 1. Purpose and Authority ...................................................................................................................... 3 2. General Definitions ........................................................................................................................... 3 3. Registration of Security Alarm Systems ............................................................................................ 4 4. Responsibility to Prevent False Alarms ............................................................................................. 5 5. Reporting False Alarms; Appeals and Fees ....................................................................................... 5 6. Prohibited Security Alarm Systems ................................................................................................... 6 7. Enforcement ..................................................................................................................................... 6 8. Civil Penalty; Waiver Fee ................................................................................................................... 7 9. Other Relief ....................................................................................................................................... 8 10. Severability ........................................................................................................................................ 8 SECURITY ALARM ORDINANCE 3 City of South Burlington Ordinance Council Discussion Draft 11.21.16 The Council of the City of South Burlington hereby ordains: The City of South Burlington Security Alarm Ordinance first adopted on September 15, 1975 and amended in its entirety on May 17, 1993 is hereby amended in its entirety as follows: 1. Purpose and Authority Recent years have witnessed an increase in the use of security alarm systems within businesses and residences in the City of South Burlington. When appropriate alarm systems are properly installed and maintained, and their presence is made known to designated officials, they provide valuable assistance to local law enforcement and emergency service personnel in the performance of their duties and deter criminal activity in the community. The installation of such systems and their frequent activation for other than their intended purpose significantly interferes with the efficient provision of law enforcement and emergency services in the community and for this reason jeopardizes the public health, safety and welfare. This Ordinance is adopted by the City Council of South Burlington under authority conferred by 24 V.S.A. § 2291(14) and Section 103 of the City Charter. It is the express The purpose of this Ordinance is to einsure that all sSecurity Alarm Systems installed in the City of South Burlington are disclosed to appropriate officials and are properly maintained and used so that such systems will promote the public health, safety and welfare. This Ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. 2. General Definitions For purposes of this ordinance, the following words and/or phrases shall applyThe following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Security Alarm System Any assembly of equipment, mechanical, electrical, or battery operated, arranged to signal the occurrence of an emergency requiring immediate attention and to which the Police Department is expected to respond. Security Alarm Systems do not include fire alarms intended to emit sound and/or transmit signals or messages when activated because of smoke, heat, fire, or sprinkler water flow. Alarm System Coordinator A person employed within the Police Department who is designated by the Chief of Police and is responsible for discharging duties as specified in this Ordinance. Answering Service A service with trained employees, in attendance at all times, who receive alarm notifications or prerecorded voice messages from automatic dialing devices reporting an emergency at a stated location, and who have the duty to relay immediately by live voice any such emergency message over a phone line to the Police or Fire Department. Audible Alarm Any device, bell, horn, or siren which is attached to the interior and/or exterior of a building, structure, or facility and emits a warning signal which is audible outside the building, structure, or facility and is designed to attract attention when activated by a criminal act or other emergency requiring Police Department response. SECURITY ALARM ORDINANCE 4 City of South Burlington Ordinance Council Discussion Draft 11.21.16 Automatic Dialing Device A device which is connected to a telephone line and is programmed to transmit a signal by a voice coded message that indicates that an emergency condition exists and the need for an emergency response is required. Central Station A protective system or group of such systems operated privately for customers by a person, firm, or corporation which accepts recorded messages from Automatic Dialing Devices at a central location having operators and guards in attendance at all times who have the duty to take appropriate action upon receipt of a signal or message, including the relaying of messages to the communications center of the Police or Fire Department. Elevator Car Emergency Signaling Device A device installed in an elevator car that, upon activation of a push button, initiates a call for help and establishes two-way communications. False Alarm An alarm activated in the absence of an emergency, whether willfully or by inadvertence, negligence, or an unintentional act, including the malfunction or unannounced testing of the Security Alarm System, to which the Police Department responds. The intentional activation of a Holdup Alarm for other than its intended purpose is also a False Alarm. Multiple alarms received by the Police Department within a reasonable period of time before the system can be deactivated shall be considered a single alarm. Alarms that occur for the following reasons are excluded from this definition: testing or repairing of telephone or electrical lines or equipment outside the premises; natural disasters such as an earthquake, major flood or other severe weather event; an attempted illegal entry of which there is visible evidence; a crime in progress; or, in the case of an actual medical emergency the activation of an intrusion detection alarm to summon any emergency response personnel. Alarms that occur within thirty (30) days of an initial Security Alarm System registration are also excluded. Holdup Alarm An alarm generated by the manual activation of a device intended to signal a robbery or other crime in progress. Owner A person who owns real property as identified in the City land records. Tenant A person who leases or occupies real property with the consent of the Owner. 3. Registration of Security Alarm Systems (A) No person shall install or use a sSecurity Alarm System in any property in the City unless the Owner of such property has filed a properly completed Security Alarm System registration form with the Police Department. An Security Alarm System registration shall be valid from the date of filing through March 31st of each year. (B) On or before March 31st of each year the Owner of any property in the City in which there is an Security Alarm System shall file a properly completed Security Alarm System registration form with the Police Department. SECURITY ALARM ORDINANCE 5 City of South Burlington Ordinance Council Discussion Draft 11.21.16 (C) The Owner of any property in which an Security Alarm System is in use shall be responsible for providing the Police Department information to enable immediate contact of the Owner or other person designated by the Owner in the event the Department receives an alarm from the Owner’s property. (D) An Owner may authorize a Tenant to register and use an Security Alarm System under the provisions of this Ordinance by executing and filing with the Department an Owner authorization form. The Owner shall provide the Tenant a copy of the authorization. An Owner authorization form filed with the Department shall remain in effect until the Owner withdraws it or conveys the property to a new Owner. Except as otherwise provided herein, once an Owner files an Owner’s authorization form with the Department and provides a copy of the authorization to a Tenant: (1) The Owner’s Tenant(s) shall be responsible for compliance with this Ordinance; and (2) The Owner shall not be responsible for a Tenant’s non-compliance with this Ordinance. (E) Security Alarm System registration forms shall be confidential records and shall only be disclosed to law enforcement and public safety personnel needing access to such forms. (F) The City Council shall by resolution establish reasonable fees and regulations for the registration of Security Alarm Systems. (G) The City’s registration of Security Alarm Systems under this Ordinance shall not constitute a representation or affirmative commitment by the City that it will be better able to respond to emergency situations on the premises of any property Owner. Nor does any such registration constitute a representation by the City that the Security Alarm Systems selected and installed by the property Owner are suitable or appropriate for the intended purpose. 4. Owner/User Responsibilityies to Prevent False Alarms (A) An Owner of property in which an Security Alarm System is installed shall be responsible for maintaining the system in proper operating condition. The Owner shall notify the Department prior to performing any system maintenance or tests that could result in False Alarms. (B) Users of property in which Security Alarm Systems are installed shall be responsible for taking those actions that are required to prevent the occurrence of False Alarms when they are present at the property. They shall not intentionally or negligently activate or trigger any Security Alarm System on the property or allow the activation of said system except for its intended purpose. Any person who activates any Security Alarm System or allows its activation for other than its intended purpose, shall promptly notify the Department by calling 658-1050. (C) Owners and users of property in which Security Alarm Systems are installed shall promptly notify the Police Department if they believe that a False Alarm has occurred. 5. Reporting False Alarms,; Appeals and Fees (A) If a Police Officer responding to an alarm at a property in which an Security Alarm System is installed determines that the alarm is a False Alarm, he/she shall notify the Alarm System Coordinator of such determination, in writing or by completing an incident report.. SECURITY ALARM ORDINANCE 6 City of South Burlington Ordinance Council Discussion Draft 11.21.16 (B) Within seven (7) days of receipt of a report of False Alarm, the Alarm System Coordinator shall mail, by first class mail, to the Owner of the property written notice of the False Alarm, along with a statement of any fee due the City for responding to the False Alarm. (C) An Owner who receives notice of a False Alarm may appeal the Police Officer’s determination to the Police Chief by filing a written notice of appeal with the Alarm System Coordinator within seven (7) days of the date of mailing of the notice of False Alarm. The notice of appeal must set forth specific facts establishing that the alarm was not a False Alarm. If requested in the notice of appeal, the Police Chief will meet with the Owner before rendering a decision. The Police Chief shall, within fifteen (15) days of receipt of a notice of appeal, issue a written decision and mail a copy to the Owner by first class mail. (D) An Owner who disagrees with the decision of the Police Chief may appeal the Police Chief’s decision to the City Manager by filing a written notice of appeal with the City Manager within seven (7) days of the date of mailing of the Police Chief’s decision. The notice of appeal must set forth specific points of disagreement with the Police Chief’s decision. If requested in the notice of appeal, the City Manager will meet with the Owner before rendering a decision. The City Manager shall, within fifteen (15) days of receipt of a notice of appeal, issue a written decision and mail a copy to the Owner by first class mail. The City Manager’s decision shall be final. (E) The City Council shall, by resolution, establish a schedule of fees to be paid to reimburse the City for responses to False Alarms. 6. Prohibited Security Alarm Systems (A) No person shall install or use an Security Alarm System that has an internal Audible Alarm that is not equipped with a timing mechanism that disengages the Audible Alarm after a maximum of ten (10) minutes. (B) No person shall install or use an Security Alarm System that has an external Audible Alarm. (C) No personal shall install or use an Security Alarm System that uses an Automatic Dialing Device to transmit recorded messages directly to the Police Department unless approved in writing by the Police Chief for special or extraordinary circumstances. 7. Elevator Car Emergency Signaling Devices No person shall install an Elevator Car Emergency Signaling Device that automatically dials directly to the Police Department to establish two-way communication unless approved in writing by the Police Chief for special or extraordinary circumstances. 8. Enforcement and Penalties (A) This Ordinance shall constitute a civil ordinance. (B) The following shall constitute violations of this Ordinance: (1) Failure to register an Security Alarm System as required by Section 3; (2) Failure to maintain an Security Alarm System in proper working order as required by Section 4; SECURITY ALARM ORDINANCE 7 City of South Burlington Ordinance Council Discussion Draft 11.21.16 (3) Failure to take actions necessary to prevent the occurrence of False Alarms on a frequent basis as required by Section 4; (4) Failure to pay False Alarm fees imposed under Section 5; and (5) Installation of a prohibited Security Alarm System as set forth in Section 6. (B) Any person who violates a provision of this Ordinance shall be subject to a civil penalty of up to $800 per day for each day that such violation continues. Police Officers of the City of South Burlington shall be authorized to act as Issuing Municipal Officials to issue and pursue before the Judicial Bureau a municipal complaint. Each day the violation continues shall constitute a separate violation. A municipal complaint may, at the discretion of the Issuing Municipal Official, be dismissed upon the successful completion of a restorative justice program through the South Burlington Community Justice Center. 9. Civil Penalty; Waiver Fee An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation: First offense $100 Second offense $200 Third offense $400 Fourth offense $600 Fifth and subsequent offenses $800 An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: First Offense $50 Second offense $150 Third offense $300 Fourth offense $500 Fifth and subsequent offenses $700 (D) Waiver fees An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: First Offense $50 Second Offense $125 Third Offense $200 Fourth Offense $275 Fifth and Subsequent Offense $350 Offenses will be counted on an annual basis in conjunction with the registration periods. SECURITY ALARM ORDINANCE 8 City of South Burlington Ordinance Council Discussion Draft 11.21.16 (E) Civil penalties First Offense $100 Second Offense $200 Third Offense $300 Fourth Offense $400 Fifth and Subsequent Offenses $500 10. Other Relief (A) In addition to recovery of civil penalties provided for above enforcement procedures available before the Judicial Bureau, the City Manager may seek to enforce this Ordinance by an appropriate action is authorized to commence a civil action to obtain for injunctive and other appropriate relief, including, without limitation, deactivation or removal of an Security Alarm System. (B) The City may discontinue response to a property for failure to comply with, or to pay any fees or charges due the City under this Ordinance. If reasonably possible, prior to any discontinuation of response services, the City will provide the Owner written notice of said discontinuation by mailing notice to the address which appears on the most current registration at least ten (10) days prior to the date of discontinuation. Owner shall hold the City harmless from any and all damage or injury resulting from the discontinuance of response service arising from failure to comply with, or to pay any fees or charges due the City under this Ordinance. In addition, Owner agrees to indemnify and hold City harmless from any and all damage or injury resulting from the failure to respond or delayed response for alarm activations. 11. Severability In the event that any section, subsection or portion of this Ordinance shall be declared by any competent court to be invalid for any reason, such decision shall not be deemed to affect the validity of any other section, subsection or portion of this Ordinance. Adopted at South Burlington, Vermont this _____ day of __________________, 2016, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _________________________________ Helen Riehle, Chair _________________________________ Meaghan Emery, Vice-Chair SECURITY ALARM ORDINANCE 9 City of South Burlington Ordinance Council Discussion Draft 11.21.16 _________________________________ Tim Barritt, Clerk _________________________________ Thomas Chittenden _________________________________ Pat Nowak Received and recorded this ______ day of _____________________, 2016. _________________________________ Donna Kinville, City Clerk CITY OF SOUTH BURLINGTON POLICE DEPARTMENT RESOLUTION ENACTING REGISTRATION REGULATIONS AND FEES FOR THE SECURITY ALARM ORDINANCE 1. Owners, or Tenant if appropriate authorization is in place, shall complete all supplied registration/permit paperwork as deemed appropriate by the Police Department. 2. Owner, or Tenant if appropriate authorization is in place, shall promptly notify the South Burlington Police Department of any change in the information contained in the permit application form on file with the Police Department. 3. Pursuant to Section 3(F) of the South Burlington Security Alarm Ordinance Owners, or Tenant if appropriate authorization is in place, shall be responsible for an initial registration fee based upon the following schedule: (A) First time registration shall be in the amount of $45.00. The initial registration period will cover the months remaining in the current year. (B) Every year after the initial year, Owners shall be responsible for an annual registration fee of $30.00 to cover administrative fees for the maintenance of alarm records. (C) Registration fees will cover the registration period between April 1 and March 31 of each year. 4. Pursuant to Section 5(E) of the South Burlington Security Alarm Ordinance, Owners shall reimburse the City for its response to any False Alarms in accordance with the following schedule: (a) The first two (2) False Alarms within a registration period – warning/no charge. (b) Three (3) – five (5) False Alarms within a registration period - $30 per False Alarm. (c) Six (6) – eight (8) False Alarms within a registration period - $50 per False Alarm, plus a written explanation of cause to the Alarm System Coordinator. (d) Nine (9) or more False Alarms shall be billed at $100 per False Alarm during the registration period. In addition, pursuant to Section 10(B) of the South Burlington Security Alarm Ordinance notice shall be served to the Owner and Tenant, by first class mail, that the City intends to discontinue response for repeated False Alarms until such time that the Owner and/or Tenant submit, in writing, to the Chief of Police that problems with the alarm have been rectified. 5. City reserves the right to discontinue responding services to Owner’s property for Owner’s failure to comply with, or to pay any charges due the City pursuant to, these rules. City further reserves the right to discontinue responding services when in its discretion it is appropriate and necessary to discontinue services. If reasonably possible, prior to any discontinuation of response service, City agrees to provide Owner written notice of said discontinuation by mailing notice to the address which appears on the most current registration at least ten (10) days prior to the date of discontinuation. 6. Owner agrees to indemnify and hold City harmless from any and all damage or injury resulting from the discontinuance of response service. In addition, Owner agrees to indemnify and hold City harmless from any and all damage or injury resulting from the failure to respond or delayed response for alarm activations. 7. City may change these rules at any time provided that City shall, ten (10) days prior to such change, send Owner a copy of the changed rules by first class mail to the address appearing on the most resent registration filed with the City. Adopted at South Burlington, Vermont this _____ day of __________________, 2016, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _________________________________ Helen Riehle, Chair _________________________________ Meaghan Emery, Vice-Chair _________________________________ Tim Barritt, Clerk _________________________________ Thomas Chittenden _________________________________ Pat Nowak Received and recorded this ______ day of _____________________, 2016. _________________________________ Donna Kinville, City Clerk MEMORANDUM TO: South Burlington City Council CC: Kevin Dorn, City Manager; Craig Lambert, City Arborist; Justin Rabidoux, Director of Public Works FROM: Atty. Jim Barlow DATE: November 21, 2016 RE: Proposed Amendments to the South Burlington Tree Ordinance Background The South Burlington Tree Ordinance regulates planting, maintenance, protection, and removal of trees and shrubs on public streets, parks, and City-owned properties. The Tree Ordinance also establishes the office of City Arborist and provides for the formation of a City Tree Board. The Tree Ordinance was passed by the City Council on November 17, 2008. A copy of the current Tree Ordinance is available on the City’s website. Proposed Amendments Several amendments to the Tree Ordinance are proposed. Most of these amendments are technical in nature and intended to accomplish the following: Clarify the definition of a City Tree and remove from the definition those trees and shrubs located within City-held easements (e.g., drainage easements) and within state highway rights of way (e.g., Rt. 7 and 116). Clarify the City’s duty with respect to removal of City Trees presenting a risk of bodily injury or property damage. Update penalties for violation of the Ordinance and align the enforcement provisions of the Ordinance with applicable statutes. Authorize dismissal of a municipal complaint (i.e. ticket) upon the successful completion of a restorative justice program through the South Burlington Restorative Justice Center. Standardize the Ordinance’s organization, formatting and font. Proposed deletions are indicated with strikethrough. Additions are indicated with underline. Non-substantive changes to organization, grammar, spelling, capitalization, and section titles are not specifically indicated. A copy of the Ordinance with the proposed amendments is attached. Recommendation It is requested that the City Council consider and discuss proposed amendments to the Tree Ordinance and give feedback to staff regarding the same. Staff proposes that the Tree Ordinance be placed on the City Council’s agenda for first reading at the next appropriate Council meeting. Tree Ordinance TREE ORDINANCE 2 City of South Burlington Ordinance City Council Discussion Draft 11.21.16 Table of Contents 1. Purpose and Authority ...................................................................................................................... 3 2. General Definitions ........................................................................................................................... 3 3. Functions of City Arborist and City Tree Board ................................................................................. 4 4. Protection of City Trees .................................................................................................................... 4 5. Removal of City Trees ....................................................................................................................... 5 6. Obstruction of Streets and Sidewalks ............................................................................................... 6 7. Dead, Diseased, or Injured Trees on Private Property ...................................................................... 6 8. Appeals .............................................................................................................................................. 6 9. Enforcement ..................................................................................................................................... 7 10. Civil Penalty; Waiver Fee ............................................................................................................... 7 11. Other Relief ................................................................................................................................... 8 12. Severability .................................................................................................................................... 8 TREE ORDINANCE 3 City of South Burlington Ordinance City Council Discussion Draft 11.21.16 The Council of the City of South Burlington hereby ordains: 1. Purpose and Authority It is the purpose of this Ordinance to promote and protect the public health, safety and general welfare of the citizens of the City of South Burlington (“City”) by providing for the regulation of planting, maintenance, protection, and removal of trees and shrubs on public streets, parks, and city-owned properties. This Ordinance also establishes the office of City Arborist in the Department of Public Works and provides for the formation of a City Tree Board. This Ordinance is enacted by the City Council under the authority of 24 V.S.A. § 2291(3) and Section 104 the South Burlington City Charter. This Ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. 2. General Definitions The following terms shall have the meanings ascribed to them in this section: The following terms and phrases, when used in this Ordinance, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Arboricultural Specifications and Standards of Practice A manual developed and maintained by the City Arborist and the City Tree Board that contains the standards and specifications for the planting, maintenance, protection and removal of all City Trees and shrubs. Caliper The diameter in inches of a tree trunk that is taken six (6) inches above the ground for up to and including four (4) inch caliper size, and twelve (12) inches above the ground for larger sizes. City Tree All trees and shrubs for which any part of the trunk at Diameter Breast Height (DBH) is located in any public street, park, right of way, or easement, or other public place within the City limits, including but not limited to State of Vermont right-of-ways managed or maintained by the City. Any tree and shrub for which any part of the trunk at four feet, six inches from the finished grade at the base of the tree or shrub is located in any City-owned property, City park, or City highway, street or right of way. Critical Root Zone The area around the trunk of a tree circumscribed by a radius of one (1) foot per inch of DBH. DBH (Diameter Breast Height) Diameter Breast Height (DBH) The diameter of tree trunks measured at a height of four (4) feet six (6) inches from the finished grade at the base of the tree. Drip Line An imaginary vertical line which extends from the outermost branches of a tree’s canopy to the ground. Property Line The outer edge of a street or highway right of way (ROW). Topping The severe cutting back of limbs to stubs within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. TREE ORDINANCE 4 City of South Burlington Ordinance City Council Discussion Draft 11.21.16 3. Functions of City Arborist and City Tree Board (A) The office of City Arborist is hereby established in the Department of Public Works. The City Arborist shall have the authority to issue or deny permits for planting, maintenance, removal, pruning and protection of City Trees as authorized. It shall also be his or her duty to supervise or inspect all work done under a permit issued in accordance with the terms of this Ordinance (B) The City Arborist, in consultation with and approval by the City Tree Board, shall have the authority to adopt a manual of Arboricultural Specifications and Standards of Practice. These regulations shall govern specific practices and protocols for the planting, maintenance, removal, pruning, and protection of all City Trees and shall include a list of approved street and park tree species. (C) It shall be a violation of this Ordinance for any person to prevent, delay or interfere with the City Arborist or his agents in the execution or enforcement of any of the provisions of this Ordinance. (D) The purpose of the City Tree Board shall be to work in cooperation with the City Arborist to promote responsible planting, maintenance and care of trees on public property City Trees and to educate the citizens of South Burlington about the benefits and requirements of the City’s tree resource. Unless the City Council otherwise prescribes, the City Natural Resource Committee shall serve as the City Tree Board. 4. Protection of City Trees (A) Unless specifically authorized in writing by the City Arborist, no person or agency shall do anything reasonably likely to harm a City Tree, including but not limited to the following acts which are prohibited to any part of a City Tree: cutting, carving, transplant, removal, piercing, tying, girdling, Topping, burning, charring, poisoning, painting, marking, contacting with a harmful substance, or attaching any foreign object (such as but not limited to rope, wire, nails, posters). (B) No person shall conduct any land development or construction activity below, at, or above grade within the Critical Root Zone of any City Tree, including but not limited to a prohibition of the following: placing a structure, excavation, laying a drive, walkway, or impervious surface, laying utility pipes or conduits. (C) All construction, excavation maintenance or other site work conducted within five (5) feet or less of the perimeter of the Critical Root Zone of a City Tree shall require the prior erection of a fence, frame, box, or other like barrier not less than four (4) feet 4’ high around the perimeter of the Critical Root Zone. All activity, equipment, and material shall be kept outside the barrier. (D) No person shall deposit, place, store, or maintain upon the Critical Root Zone of any City Tree any stone, brick, sand, concrete, or other materials which may impede the free passage of water, air, and fertilizer to the roots of said tree. (E) Upon good cause shown, the City Arborist may alter or waive the foregoing restrictions. (F) This Ordinance shall not govern any emergency activity immediately necessary to prevent, treat or minimize bodily injury or property damage. This Ordinance also shall not prohibit a person from removing a City Tree that obstructs access to such person’s primary residence or business property, provided that actions taken shall be the minimum necessary to afford such access and shall be carried out TREE ORDINANCE 5 City of South Burlington Ordinance City Council Discussion Draft 11.21.16 so as to minimize damage to City Trees. Notice of any such activity affecting a City Tree shall be given to the City Arborist as soon as reasonably practicable, and within three (3) calendar days of commencing such activity at the latest. 5. Removal of City Trees (A) No personal shall plant, spray, fertilize, prune, cut, remove, replace or otherwise disturb any City Tree without first obtaining a permit from the City Arborist. All work for which such permission is granted shall be performed in accordance with the Arboricultural Specifications and Standards of Practice adopted pursuant to this Ordinance. (B) Permission for removal of City Trees shall require the permittee to provide suitable replacements. The value of existing City Trees is to be calculated on a DBH inch-by-inch replacement basis. Replacements shall be at least 2” Caliper, nursery grown stock. For example, if an 18” DBH City Tree is removed, the City Arborist shall require replacement with nine 2” Caliper trees. The City Arborist may exercise discretion to require larger than 2” Caliper replacements, to reduce the number of required replacements, and to waive the replacement of City Trees required by this provision. Exercise of discretion shall be guided by the characteristics of the tree(s) removed, including: status as ornamental or shade; age and health; location; species. (C) In cases where replacement is required, the permittee shall either: (1) Arrange for suitable replacements and completion of all necessary work to plant replacements in accordance with the Arboricultural Specifications and Standards of Practice and subject to the City Arborist’s approval of trees, planting methods, and completion of work; or (2) Compensate the City with monetary payment in an amount the City Arborist estimates to equal the cost of replacement including purchase, planting, maintenance, and related expenses. Funds paid to the City under this provision shall be exclusively used to defray the cost of replacement trees or to otherwise further the purpose of this Ordinance. (D) Replacement trees shall be made available for inspection by the City Arborist prior to planting. A permittee shall warrant the health of all replacement trees for a period of two-years after planting and shall provide further replacements in the event of death or disease. (E) City Trees removed due to being in poor, dead, or diseased condition, which condition must be assessed and validated by the City Arborist, shall not require replacement. (F) The City shall strive to prevent city trees from posing an unreasonable risk of property damage or bodily injury. In assessing and, if appropriate, mitigating such risks, In the consideration of the removal of City Trees, the City Arborist shall exercise his judgement and discretion and all decisions by the City Arborist shall be final. Factors to be considered for both assessment and, if appropriate, mitigation should include but not be limited to: relative likelihood and gravity of potential harm property damage or bodily injury costs of monitoring, assessing, remediation, and removing trees (including allocation of human resources, supplies, and equipment); and environmental impacts. The USDA Forest Service tree risk evaluation form (revised version for New England) shallmay be consulted in assessing potential risk. This provision shall not apply to City Trees located in areas that are primarily in a natural state. TREE ORDINANCE 6 City of South Burlington Ordinance City Council Discussion Draft 11.21.16 (G) Upon good cause shown, including but not limited to protecting city property or public health, the City Arborist may alter or waive the foregoing restrictions. 6. Obstruction of Streets and Sidewalks (A) It shall be the duty of any person owning real property bordering on a public street, sidewalk, recreational path, or other public right of way ROW to ensure the trees, shrubs, and other plantings on that property are maintained in a manner that will not obstruct: street lights from illuminating street level; the passage or visibility of vehicles or pedestrians; vision of traffic signs and signals; or the view of any intersection. (B) Should any person owning real property fail to comply with the above provision, the City Arborist shall order the owner to correct such a violation within twenty-one (21) calendar days of issuance of written notice. The order required herein shall be served by mailing a copy to the last known address of the property owner. (C) To the extent this section is violated by virtue of a portion of a tree, shrub, or other planting which has a Drip Line extending into the City’s right of way ROW, the City may prune back such portion extending into the right of way ROW. 7. Dead, Diseased, or Injured Trees on Private Property (A) It shall be the duty of any person owning real property bordering on a public street, sidewalk, recreational path, or other public right of way ROW to ensure trees that are dead, diseased, or injured do not pose an unreasonable risk of property damage or bodily injury occurring within such public right of way ROW. (B) Should any person owning real property fail to comply with the above provision, the City Arborist shall order the owner to correct such a violation within twenty-one (21) calendar days of issuance of written notice. The order required herein shall be served by mailing a copy to the last known address of the property owner. (C) The City Arborist, upon advance notice of at least three days, may enter upon land of property owners to take action with regard to insect or disease pest infestations. 8. Appeals (A) Any person aggrieved by an action or decision of the City Arborist may, within twenty- one (21) calendar days from the date of receipt of notice of such action or decision, deliver to the City Arborist at the Department of Public Works a request in writing for review by the City Tree Board. The City Tree Board shall offer such person the opportunity to be heard and present evidence and shall issue findings and conclusions. Three (3) members of the City Tree Board must be present to constitute a quorum. By a majority vote of the members present, the City Tree Board shall affirm, modify or reverse an action appealed. A tie vote shall be an affirmance of the decision from which the appeal is taken. The board shall give written notice of its decision no later than forty-five (45) days after the date of the hearing. (B) The decision of the City Tree Board shall be final, subject to appeal under V.R.C.P. 74. TREE ORDINANCE 7 City of South Burlington Ordinance City Council Discussion Draft 11.21.16 9. Administration and Enforcement (A) Any person who violates a provision of this civil Ordinance shall be subject to a civil penalty of up to $5800 per day for each day that such violation continues. The City Arborist shall be authorized to act as Issuing Municipal Official to issue and pursue before the Judicial Bureau a municipal complaint. Each day the violation continues shall constitute a separate violation. A municipal complaint may, at the discretion of the Issuing Municipal Official, be dismissed upon the successful completion of a restorative justice program before the South Burlington Community Justice Center. The City Arborist shall issue a written warning for a violation of this Ordinance before issuing a municipal complaint for a first offense of this Ordinance in any calendar year. 10. Civil Penalty; Waiver Fee An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation: First offense $160 Second offense $320 Third offense $480 Fourth offense $640 Fifth and subsequent offenses $800 An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amounts, for any person who declines to contest a municipal complaint and pays the waiver fee: First offense $100 Second offense $250 Third offense $400 Fourth offense $550 Fifth and subsequent offenses $700 (B) Waiver Fees An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pay the waiver fee: First Offense $25 Second Offense $50 Third Offense $75 Fourth Offense $100 Fifth Offense $125 Sixth Offense $150 Seventh Offense $175 Eighth Offense $200 Ninth Offense $275 Tenth Offense $350 TREE ORDINANCE 8 City of South Burlington Ordinance City Council Discussion Draft 11.21.16 Offenses shall be counted on a calendar year basis. (C) Civil Enforcement An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation: First Offense $50 Second Offense $100 Third Offense $150 Fourth Offense $200 Fifth Offense $250 Sixth Offense $300 Seventh Offense $350 Eighth Offense $400 Ninth Offense $450 Tenth Offense $500 Offenses shall be counted on a calendar year basis. An Issuing Municipal Official is further authorized to pursue injunctive remedies in the Judicial Bureau as may be provided by statute. (D) Other Procedures 11. Other Relief In addition to the enforcement procedures available before the Judicial Bureau, the City Manager is authorized to commence a civil action in Superior Court to obtain injunctive and other appropriate relief. and to pursue any other remedy authorized by law. 102. Severability Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof other than the part held to be invalid. Adopted at South Burlington, Vermont this _____ day of __________________, 2016, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL TREE ORDINANCE 9 City of South Burlington Ordinance City Council Discussion Draft 11.21.16 _________________________________ Helen Riehle, Chair _________________________________ Meaghan Emery, Vice-Chair _________________________________ Tim Barritt, Clerk _________________________________ Thomas Chittenden _________________________________ Pat Nowak Received and recorded this ______ day of _____________________, 2016. _________________________________ Donna Kinville, City Clerk MEMORANDUM TO: South Burlington City Council CC: Kevin Dorn, City Manager; Doug Brent, Fire Chief; Terry Francis, Asst. Chief FROM: Atty. Jim Barlow DATE: November 21, 2016 RE: Proposed Amendments to the Fire Prevention and Fire Safety Ordinance Background The Fire Prevention and Fire Safety Ordinance establishes fire safety regulations and protocols for the inspection of public buildings in South Burlington. It provides for City enforcement of the Vermont Fire and Building Safety Code by the South Burlington Fire Marshal. Among other things, the Ordinance also sets forth requirements for the installation of smoke and carbon monoxide detectors and provides regulations for special events and festivals. The Fire Prevention and Fire Safety Ordinance was adopted on March 18, 2013. The current Fire Prevention and Fire Safety Ordinance is available on the City’s website. Proposed Amendments Several amendments to the Fire Prevention and Fire Safety Ordinance are proposed. Most of these amendments are technical in nature and intended to accomplish the following: Standardize the Fire Prevention and Fire Safety Ordinance’s organization, formatting, and font. Add a severability clause. Authorize dismissal of a municipal complaint (i.e. ticket) upon the successful completion of a restorative justice program through the South Burlington Restorative Justice Center. Delete terms not used in the Ordinance or otherwise not requiring definition. Provisions of the City’s current Ordinance to Establish and Maintain Fire Lanes are proposed for incorporation into the Fire Prevention and Fire Safety Ordinance at Section 32. Provisions of the City’s current Outside Burning Ordinance, with some clarifying changes, have been proposed for incorporation into the Fire Prevention and Safety Ordinance at Section 33. The current Ordinance to Establish and Maintain Fire Lanes and the current Outside Burning Ordinance City are proposed for repeal at Section 41. The following additional City ordinances are also proposed for repeal in Section 41: Ordinance to Provide for the Inspection of Electrical Installations, adopted January 4, 1971. Ordinance for the Control and Prevention of Fire, adopted December 21, 1970, amended November 6, 1972, and November 18, 1974. Ordinance Relating to the Use of Fire Alarm Systems, adopted January 5, 1987. Each of these ordinances has been superseded by the Fire Prevention and Fire Safety Ordinance or the current Electrical Safety Ordinance. Proposed deletions are indicated with strikethrough. Additions are indicated with underline. Non-substantive changes to the organization, grammar, spelling, capitalization, and section titles are not specifically indicated. A copy of the Ordinance with the proposed amendments is attached. Recommendation It is requested that the City Council consider and discuss proposed amendments to the Ordinance and give feedback to staff regarding the same. Staff proposes that the Ordinance be placed on the City Council’s agenda for first reading at the appropriate Council meeting. Fire Prevention and Fire Safety Ordinance FIRE PREVENTION AND FIRE SAFETY ORDINANCE 2 City of South Burlington Ordinance Council Discussion Draft 11.21.16 Table of Contents Table of Contents ...................................................................................................................................... 2 1. Purpose and Authority ...................................................................................................................... 4 2. General Definitions ........................................................................................................................... 4 3. Fire Code Adoption by Reference ..................................................................................................... 5 4. Appointment of the Fire Marshal ..................................................................................................... 6 5. Powers and Duties of the Fire Marshal ............................................................................................. 6 6. Revocation of Appointment .............................................................................................................. 6 7. Assistant Fire Marshal(s) ................................................................................................................... 6 8. Fire Marshal to Make Inspections of Buildings ................................................................................. 6 9. Fire Marshal to be Permitted Entry into Premises ........................................................................... 6 10. Refusal to Permit Entry ................................................................................................................. 7 11. Inspections .................................................................................................................................... 7 12. Construction Permits & Plan Review ............................................................................................ 8 13. Suspension and Revocation of Permits and Stop Work Orders .................................................... 9 14. Occupant Load Certificate ............................................................................................................. 9 15. Smoke Detectors ........................................................................................................................... 9 16. Carbon Monoxide (CO) Detectors ............................................................................................... 10 17. Standpipes Required ................................................................................................................... 11 18. Sprinkler Floor Control Valves Required ..................................................................................... 11 19. Stairwell Identification ................................................................................................................ 11 20. Elevators...................................................................................................................................... 11 21. Compliance with Codes Required ............................................................................................... 11 22. Fire Alarm System Malfunctions ................................................................................................. 12 23. Damage to Fire Protection Systems and Equipment .................................................................. 12 24. Intentional False Alarms ............................................................................................................. 12 25. Master FACP Key ......................................................................................................................... 12 26. Fire Department Access Key Vault .............................................................................................. 13 27. Radio Coverage in Structure and Buildings ................................................................................. 13 28. Testing ......................................................................................................................................... 14 29. Amplification Systems Allowed ................................................................................................... 14 30. Field Testing ................................................................................................................................ 15 FIRE PREVENTION AND FIRE SAFETY ORDINANCE 3 City of South Burlington Ordinance Council Discussion Draft 11.21.16 31. Special Events/Festivals .............................................................................................................. 15 32. Fire Lanes .................................................................................................................................... 15 33. Outside Burning .......................................................................................................................... 16 34. Reward for Information Resulting in Conviction of Persons Burning ......................................... 17 35. Removal of Fire Hazard ............................................................................................................... 17 36. Order to Evacuate ....................................................................................................................... 17 37. Enforcement ............................................................................................................................... 17 38. Civil Penalty; Waiver Fee ............................................................................................................. 18 39. Other Relief ................................................................................................................................. 18 40. Fees ............................................................................................................................................. 18 41. Ordinances Repealed .................................................................................................................. 18 42. Severability .................................................................................................................................. 19 FIRE PREVENTION AND FIRE SAFETY ORDINANCE 4 City of South Burlington Ordinance Council Discussion Draft 11.21.16 The Council of the City of South Burlington hereby ordains: 1. Purpose and Authority It is the purpose of this Ordinance to reduce and insofar as possible, eliminate the hazards to persons and property by fire and explosion within the City of South Burlington and thereby promote the public health, safety, welfare and convenience. This Ordinance is enacted pursuant to the authority granted to the City under 20 V.S.A. §2736, 24 V.S.A. Chapter 59, and §13-103 Sections 103 and 104 of the South Burlington City Charter. As authorized by 20 V.S.A. §2736(a), the Commissioner of the Department of Public Safety has assigned responsibility to the City for enforcement of certain rules and standards adopted under 24 V.S.A. §2731(a) as described in a Cooperative Inspection and Plan Review Agreement between the State of Vermont and the City of South Burlington, dated ______, 2013. This Ordinance shall be a civil ordinance within the meaning of 24 V.S.A. § 1971Chapter 59. 2. General Definitions Except as provided herein, the definitions contained in the Vermont Fire & Building Safety Code, as amended from time to time by the State of Vermont, Division of Fire Safety, and in the nationally recognized safety standards referenced therein, adopted by reference in Section 3 below, shall apply to this Ordinance. For the purpose of this Ordinance, the definitions contained in 20 V.S.A. §2730, including, without limitation, the definition of “public building,” shall also apply to this Ordinance. In addition, the following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaningthe following terms shall have the specific definitions set forth below: Authority Having Jurisdiction (AHJ) Those individuals responsible for enforcing the requirements of the Vermont Fire and Safety Code pursuant to a Cooperative Inspection and Plan Review Agreement between the State of Vermont and the City of South Burlington. City Shall mean the City of South Burlington City Council The legislative body of the City of South Burlington Cooperative Inspection and Plan Review Agreement The legal document that assigns responsibility for inspection and enforcement of the Vermont Fire and Building Safety Code to the City and its Fire Department. Deputy Fire Chief The individual appointed by the City Manager, in consultation with the Fire Chief, and with the consent of the City Council, to assist the Fire Chief in the management of the Fire Department and all of its functions. Dwelling Unit A building or portion thereof designed, used, constructed or occupied as separate living quarters for one (1) household which includes independent and exclusive cooking, sleeping, and sanitary facilities for a household, and direct access to the unit from the outside of the building or through a common hall. Unless the context indicates otherwise, this term may include single (one) family, two family, multi-family, townhouse or row-house dwellings. Emergency Vehicles Any fire truck or fire apparatus, police vehicle, ambulance, or rescue vehicle. FIRE PREVENTION AND FIRE SAFETY ORDINANCE 5 City of South Burlington Ordinance Council Discussion Draft 11.21.16 Fire Chief The individual appointed by the City Manager, with the consent of the City Council, to manage the Fire Department and all of its functions. Fire Department The South Burlington Fire Department. Fire Marshal The individual appointed by the City Manager with the consent of the City Council, to manage the fire inspection and fire prevention functions of the Fire Department. IBC The International Building Code, a nationally recognized code that details the minimum requirements to which a building or structure shall be constructed, renovated, or altered. This code is adopted via legislative authority by state and municipal governments. National Fire Protection Association (NFPA), the organization that creates consensus documents that are nationally recognized and contain minimum-requirement fire prevention codes and standards for the protection of life and property. These requirements are adopted via legislative authority by state and municipal governments. Natural Material Any of the following, provided such material has not been painted, coated, treated or injected with preservatives, paint or oil: (a) trees and brush, including logs, trunks, branches limbs, roots and stumps; (b) lumber, including timber, logs, dimensional lumber or slabs; and, (c) leaves and garden waste. Natural Material does not include pallets, skids, plywood, particle board, chip board or sawdust. Public Building The same meaning as defined in 20 V.S.A. § 2730. Vermont Fire and Building Safety Code (Code) shall mean tThe comprehensive document comprised of state and nationally recognized codes and standards for public safety from fire, explosions, and dangerous substances, adopted by the State of Vermont pursuant to 20 V.S.A., Chapter 173. Qualified Firefighter A firefighter who has received training and instruction in the Code and its enforcement. 3. Fire Code Adoption by Reference (A) Except as otherwise provided herein, the Code, as amended from time to time by the State of Vermont, Division of Fire Safety, and all of the nationally recognized safety standards referenced therein, as amended from time to time by their promulgating authorities, and as further modified and amended by the Code, are hereby adopted by reference. (B) Specifically excluded from the above-referenced adoption by reference are any and all provisions of the Code pertaining to Boiler and Pressure Vessel Inspection (Code Section 6), Access Board Rules, and any and all provisions addressing electrical or plumbing rules and standards. (C) The provisions of this Ordinance shall not be construed to abrogate or annual the provisions of other ordinances or regulations or to impair private restrictions placed upon property. In the event there is a conflict between a provision of this Ordinance and a provision of any other ordinance or regulation of the City, the more restrictive provision shall apply. FIRE PREVENTION AND FIRE SAFETY ORDINANCE 6 City of South Burlington Ordinance Council Discussion Draft 11.21.16 4. Appointment of the Fire Marshal The South Burlington City Council shall appoint the Fire Marshal upon recommendation of the City Manager. 5. Powers and Duties of the Fire Marshal The Fire Marshal shall have and exercise all the powers of an AHJ in making the inspections required in this chapter and shall report his or her findings to the Fire Chief. 6. Revocation of Appointment The City Manager may revoke the appointment of the Fire Marshal, for cause, at any time. 7. Assistant Fire Marshal(s) As needed, the City Manager, upon recommendation of the Fire Chief, may appoint any Qualified Firefighter(s) as Assistant Fire Marshal(s). All Assistant Fire Marshals shall be subject to the order and direction of the Fire Marshal in connection with the inspection of Public Buildings, review of plans, and other duties and functions undertaken pursuant to the Cooperative Inspection and Plan Review Agreement. The Fire Chief, Deputy Fire Chief or Fire Marshal may revoke the appointment of an Assistant Fire Marshal at any time and without cause. 8. Fire Marshal to Make Inspections of Buildings As appropriate, the Fire Marshal or Assistant Fire Marshal shall make a careful inspection of any Public Buildings and premises within the City of South Burlington. Upon report of a citizen’s complaint or at the request of an AHJ shall inspect any building or premises complained of as being unsafe or hazardous, or containing unsafe or combustible material. 9. Fire Marshal to be Permitted Entry into Premises For the purpose of inspecting buildings and carrying out other responsibilities under this Ordinance, the Fire Marshal or Assistant Fire Marshal may, at all reasonable times, have access to and enter into any land, premises, and buildings in the City. However, prior to entering a one and two family dwelling, where the Dwelling Unit is wholly owner occupied, the Fire Marshal or Assistant Fire Marshal shall first obtain the consent of any owner of the dwelling. Where permission to enter is granted, the provisions of this Ordinance shall apply. Where permission to enter an owner-occupied one or two family dwelling is refused, the Fire Marshal or Assistant Fire Marshal shall seek a warrant or other authorization provided by law prior to entry, except in those instances where the Fire Marshal or Assistant Fire Marshal reasonably determines that an emergency situation exists. Upon request, the Fire Marshal or Assistant Fire Marshal, when making an inspection, shall provide the owner or occupant of such buildings or premises with proper identification. FIRE PREVENTION AND FIRE SAFETY ORDINANCE 7 City of South Burlington Ordinance Council Discussion Draft 11.21.16 10. Refusal to Permit Entry Except as provided above, no person shall refuse to allow the Fire Marshal or Assistant Fire Marshal to enter upon or into his or her premises or buildings, at a reasonable time, for the purpose of carrying out his or her responsibilities under this Ordinance. Furthermore, no personal shall attempt to prevent any inspection required by this Ordinance, or obstruct such official in carrying out the provisions of this Ordinance. 11. Inspections (A) General Fire Inspections General fire inspections of Public Buildings shall be conducted by the Fire Marshal, Assistant Fire Marshal or other duly authorized personnel. (B) Violation Notices Upon finding any violation of the Code or other rules or standard adopted under this Ordinance, the Fire Marshal or Assistant Fire Marshal shall provide a written notice to the property or business owner or their designee, and a reasonable amount of time, as defined by the State Hazard Index, shall be provided for the violation(s) to be corrected. Nothing in this section shall preclude an issuing municipal official from issuing a municipal complaint, or the City from seeking criminal charges, or initiating any other legal actions authorized under this Ordinance or otherwise provided by law. (C) Re-inspection Fees There is no charge for the initial inspection or the first re-inspection if all violations are corrected. If the owner fails to correct the violations at the time of the first re-inspection, the owner shall be responsible for a re-inspection fee, as prescribed by the applicable fee schedule, for this and any subsequent re-inspections, due and payable at the beginning of the second or subsequent re-inspection. Until all fees are paid, the violations shall not be considered abated, and are subject to further penalties or legal action. Failure to pay the re-inspection fees in the time required is a violation of this Ordinance. (D) Time of Sale Inspection (1) Upon request by an owner, agent, attorney or lender prior to the transfer of property, the Fire Marshal or Assistant Fire Marshal will conduct, subject to available resources, a “time of sale inspection” for a Public Building to insure a reasonable level of occupant safety prior to the sale of the property. Any such request for inspection shall be submitted in writing, and shall include any proposed closing date. (2) All violations identified during a time of sale inspection shall be corrected prior to occupancy of the property that has been transferred as a result of the sale. (3) Any party requesting a time of sale inspection shall pay the fees set forth in the applicable fee schedule. (4) The inspection fee shall apply to the property for the initial inspection and one re- inspection. (5) Any additional re-inspections shall be subject to a re-inspection fee as prescribed in the fee schedule for each subsequent visit, prior to the commencement of the inspection. (6) A time of sale inspection shall be valid for the period of one year from the date of inspection or for one transfer of ownership, unless subsequent transfers of ownership are to an FIRE PREVENTION AND FIRE SAFETY ORDINANCE 8 City of South Burlington Ordinance Council Discussion Draft 11.21.16 affiliated person or entity, in which case the inspection shall continue to be valid for one year from the date of inspection. (E) Inspections for the Sale of Consumption of Alcohol (1) To the extent consistent with or as required by any rules of the State Liquor Control Board, any Public Building in which alcohol is offered to the public for consumption or sale shall have a valid fire safety inspection completed prior to the issuance of the state license. (2) Public Assembly Occupancy Load Certificates shall be required for all Public Buildings in which alcohol is served that have a total occupancy capacity of 50 or more patrons and staff. (F) Lien All expenses, fees, costs or charges assessed pursuant to this section shall also be a lien upon the real estate, which may be enforced in the same manner as a tax lien under 32 V.S.A. § 5061 provided the lien is duly recorded in the office where the land records are kept. 12. Construction Permits & Plan Review (A) The owner of a Public Building, or a designated representative of the owner, shall obtain a construction permit before commencing any construction, addition, alteration, demolition or the installation of fixed building equipment at the building site unless waived by the AHJ. (B) Additionally, all construction projects requiring installation of a fire alarm, fire suppression system, or other fire protection system shall require a separate permit prior to installation of the system. (C) To obtain a construction permit, an applicant shall provide legible construction documents related to the work and equipment under consideration. As appropriate, construction plans and documents shall be prepared by a registered design professional, stamped and signed, where required by 26 V.S.A. Chapters 3 and 20. Such plans shall otherwise comply with the requirements of Section 7 of the Code. Fire prevention, protection, and alarm system plans shall include a floor plan with device locations, a wiring riser diagram, a complete equipment list and specifications, the type of occupancy proposed, known hazards and /or unusual building features, and any other information required by the Code. (D) Without limiting any of the foregoing, project plans shall also be submitted to the Fire Marshal for approval prior to undertaking any of the following: (1) Whenever new equipment is installed in a Public Building; (2) Changes to places of assembly, including bars and restaurants; (3) Construction of tents or other temporary structures for public use over 1,200 square feet in size; (4) Construction or erection of grandstands or bleachers; (5) Any activity involving the use of hazardous processes, such as spraying flammable liquid, explosives storage or manufacturing or flammable liquid storage. (E) The Fire Marshal shall review plans, make inspections, and issue a permit for the system within 30 days of plan submission, which period may, upon notification to the applicant, be extended. Plans for systems with contracted costs valued at less than twenty thousand dollars ($20,000) may be eligible for an expedited process. The Fire Marshal’s schedule shall dictate the availability of this service. Plans accepted for this expedited process will be reviewed within ten (10) business days. Plans may be approved, rejected or be required to be amended for compliance with this Ordinance and the Code. No plan shall be approved or permit issued unless all fees have been FIRE PREVENTION AND FIRE SAFETY ORDINANCE 9 City of South Burlington Ordinance Council Discussion Draft 11.21.16 paid and all conditions satisfied. The period for review shall not commence until all required documents have been received by the Fire Marshal. (F) A tent permit shall be required for any tent larger than two hundred (200) square feet erected on public property or in the public way. Any tent one thousand two hundred (1,200) square feet or larger, regardless of location, shall require a tent permit. 13. Suspension and Revocation of Permits and Stop Work Orders The Fire Marshal’s Office may suspend permits, issue a stop work order and/or order a property vacated where a threat to public safety or other exigent circumstance exist. Such permits may be revoked and future permits denied when an individual, partnership, firm, corporation, or other legal entity is convicted of multiple violations of the fire code, ordinances, or otherwise demonstrates a pattern of incompetence. The failure to stop work when so ordered shall be a violation punishable pursuant the provisions of this Ordinance and applicable law, including 20 V.S.A. § 2734, as amended from time to time. 14. Occupant Load Certificate (A) Annual Inspection: On an annual basis, the Fire Marshal’s office shall inspect any occupancy or premises involved in the sale of alcohol and/or each place of assembly in the City to determine the maximum number of occupants that should be permitted at each location as determined by the capacity and egress requirements of this Ordinance and the Code. For purposes of this section, a place of assembly is defined as a room or space, including all connected rooms or spaces with a common means of egress, accommodating fifty (50) or more individuals, for civic, social or amusement purposes or for the consumption of food and drink. (B) Posting of Certificate: Every occupancy or premises and place of assembly referenced above obtain a certificate from the Fire Marshal’s office stating the maximum number of occupants permitted at the site. The business and/or property owner shall be responsible for installing the certificate in a conspicuous public location at the site and shall be responsible for the proper maintenance of the certificate. 15. Smoke Detectors Each and every building or structure where people routinely sleep, including owner-occupied one and two family residences, shall meet the following requirements for smoke detectors/alarms: (A) Smoke detectors/alarms shall be installed in the following, areas: (1) In every sleeping room or area; (2) Outside every sleeping room or area in the immediate vicinity of the sleeping room or area; and (3) On all levels of the building or structure, includes basements but excluding crawl spaces and unfinished attics. (4) Notwithstanding the above installation locations, detectors/alarms shall not be located within kitchens or garages or in other spaces where temperatures can fall below forty (40) degrees F (four (4) degrees C) or exceed one hundred (100) degrees F (thirty-eight (38) degrees C). FIRE PREVENTION AND FIRE SAFETY ORDINANCE 10 City of South Burlington Ordinance Council Discussion Draft 11.21.16 Detectors/alarms shall not, unless specifically listed for the application, be located closer than three (3) feet (0.9m) horizontally from: (a) The door to a kitchen. (b) The door to a bathroom containing a tub or shower. (c) The supply registers of a forced air heating or cooling system or the immediate airflow from those registers. (B) Smoke detectors/alarms shall receive their operating power from the building or structure’s electrical system (A/C) and from a battery (D/C) when the building electrical system power is interrupted. (C) Smoke detectors/alarms within each dwelling or rooming unit shall be interconnected so smoke detected by one smoke detector will sound the alarms of all detectors within that dwelling or rooming unit. (D) Smoke detectors/alarms shall be approved or listed by a nationally recognized testing or listing agency for the purposes for which they are intended. (E) Smoke detectors/alarms shall be properly installed and shall be maintained in good working condition. (F) Wireless interconnected smoke alarms shall be acceptable in wholly owner-occupied one and two family residences (i.e., residences with no non-family occupants). Effective date: Unless an extension is granted by the South Burlington Fire Marshal’s Office, the provisions of this section shall take effect on January 2, 2014 or at the time of any transfer of ownership, if such transfer is completed prior to January 2, 2014. 16. Carbon Monoxide (CO) Detectors (A) Carbon monoxide detectors which are UL 2034 listed or approved by a nationally recognized independent testing laboratory shall be installed in all new and existing buildings in which people routinely sleep, including where people rent accommodations whether for overnight or for a longer term, condominiums, multiple unit dwelling, and other occupancies in which there are rooms or spaces in which sleeping is permitted, including single and two family owner-occupied houses and premises. Such installation shall be in the vicinity of the sleeping areas and on every floor of the dwelling, installed in accordance with the manufacturer’s instructions and state law. (B) CO alarms within each dwelling or rooming unit shall be interconnected so that CO detected by one CO detector sounds the alarms of all CO detectors within that dwelling or rooming unit. (C) The owner of all existing buildings in which people sleep, including where people rent accommodations whether for overnight or for a longer term, condominiums, or multiple unit dwelling, after the effective date of this section, shall install either a combination smoke detector/carbon monoxide detector device or a combination system providing smoke and carbon monoxide detection and alarm. Such installation shall be in the vicinity of the sleeping areas and on every floor of the dwelling, installed in accordance with the manufacturer’s instructions and state law. FIRE PREVENTION AND FIRE SAFETY ORDINANCE 11 City of South Burlington Ordinance Council Discussion Draft 11.21.16 (D) The seller of a residential dwelling transferred by sale or exchange shall certify to the buyer that the dwelling is provided with the carbon monoxide detectors required in subsection (A). This certification shall be signed and dated by the seller and filed in the City’s Land Records at the time of recording the transfer. If the buyer notifies the seller within ten days by certified mail from the date of conveyance that the dwelling lacks a carbon monoxide detector or that the detector is not operable, the seller shall comply with this section within ten days of notification. 17. Standpipes Required All new buildings having three floors or more and/or having 10,000 net square feet per floor, shall have a minimum of a Class I, manual wet standpipe installed for firefighter use. 18. Sprinkler Floor Control Valves Required All new buildings having an NFPA compliant sprinkler system, and three floors or more and/or having 4,000 net square feet per floor, shall have sprinkler zone control valves that allow immediate access to control/shutoff sprinklers discharging during a fire within the compartment. These zone control valves shall be clearly labeled. 19. Stairwell Identification All new and existing building shall have stairwell marking denoting floor served and geographical location within the building and comply with the marking standard found in NFPA 1. 20. Elevators The following standards shall be met on all elevators installed or permitted after the effective date of this Ordinance: (A) Dimension. All new elevator installations shall comply with the applicable elevator code adopted by the State of Vermont. Notwithstanding the applicable code adopted by the State, elevators shall have minimum interior finished dimensions of eight feet by four feet and have an unrestricted door opening of not less than four feet. (B) In existing elevator banks, the stretcher compliant elevator(s) shall be marked by a 3” retro- reflective star of life on the latch side of the elevator lobby door frame. 21. Compliance with Codes Required (A) All fire protection, prevention, and alarm systems shall comply with the Vermont Fire and Building Safety Code, in effect at the time of installation. (B) In the event there is a conflict between the provisions of the Code adopted by reference in this section and the provisions of this Ordinance, the more restrictive standard shall apply. FIRE PREVENTION AND FIRE SAFETY ORDINANCE 12 City of South Burlington Ordinance Council Discussion Draft 11.21.16 22. Fire Alarm System Malfunctions (A) Malfunction. For the purposes of this section, a malfunction is defined as the failure of a fire alarm system to operate in the normal or usual manner due to improper installation or maintenance, mechanical defect(s) in the system, or that results in the transmittal of a false alarm signal to the South Burlington Fire Department during maintenance or construction. (B) Response Fee. A response charge as prescribed in the applicable fee schedule shall be imposed for a false alarm due to a system malfunction. (C) If a false alarm is generated through no negligence of the owner, the response fees may be waived by the Fire Chief, Deputy Fire Chief, or City Manager for due cause. The owner shall provide a written waiver request to the Fire Chief or Deputy Fire Chief within fifteen (15) days of the billing date, with an explanation of the basis for the requested waiver. The Fire Chief, Deputy Fire Chief, or City Manager will review and approve or disapprove the request within five (5) business days from the date of request receipt and notify the requesting party in writing. 23. Damage to Fire Protection Systems and Equipment No person shall destroy, deface or in any way damage any fire protection or life safety system, or any part thereof so as to prevent or delay its proper or timely use of fire protection systems, fire department connections or hydrants. 24. Intentional False Alarms (A) Any intentional misuse of a fire protection system that results in a false fire alarm from a property shall be a violation of this Ordinance and subject to all fines, penalties, and other remedies available to the City by law. Such intentional misuse of a fire protection system may also be subject to criminal prosecution under applicable statutes of the State of Vermont. In addition, the property owner may be held responsible for all costs to the City incurred in responding to such alarm. (B) Alarms generated by contractors performing work or testing alarm systems shall be deemed an intentional false alarm unless the contractor first notifies Fire Department dispatch of the date and time when such work or testing will occur. (C) No person shall intentionally report or cause to be reported a false alarm. Any intentional report of a false alarm shall be a violation of this Ordinance and subject to all fines, penalties and other remedies available to the City by law. Such false report may also be subject to criminal prosecution under applicable statues of the State of Vermont. In addition, the offending party may be held responsible for all costs to the City incurred in responding to such false report. 25. Master FACP Key (A) All buildings having a fire alarm system shall utilize a CAT 30 lock assembly to secure the main fire alarm panel. Any proprietary remote Annunciator keys that are part of the FACP-UL listing for the remote annunciator, shall be kept in the required FD Key vault. FIRE PREVENTION AND FIRE SAFETY ORDINANCE 13 City of South Burlington Ordinance Council Discussion Draft 11.21.16 (B) Existing fire alarm control panels and remote annunciator access keys shall be converted to this standard within one year of the effective date of this Ordinance during the required annual test and inspection performed by a third party on the owner’s behalf. 26. Fire Department Access Key Vault (A) All buildings having a fire protection system(s) shall be required to install key boxes. Existing buildings not currently in compliance shall comply with this requirement within one year of the effective date of this Ordinance. (B) The building owner shall be required to install in the key box all master keys to offices, electrical rooms, elevator equipment and all keys needed to reset fire alarm system. (C) If requested by the Fire Department, building owners shall be required to supply additional sets of keys as needed by the Fire Department to allow more than one team of firefighters to have access to areas of the building. (D) If requested by the Fire Department, more than one key vault may be required to facilitate multiple points of entry in large facilities. (E) The key vault shall be mounted on the pull side of the Fire Department access door, within three feet (3’) horizontally of the door, at a vertical height of five feet (5’) as measured from the access door threshold. (F) There shall be a minimum of two complete sets of access keys stored in the key vault. The property owner shall be responsible for providing the master keys and shall update the access key in the vault when the locks are changed. (G) As the key vault capacity is limited, the owners shall key all locks to a master core assembly of their choosing. 27. Radio Coverage in Structure and Buildings (A) General. Except as otherwise provided herein, no individual, partnership, corporation, or other legal entity shall maintain, own, erect or construct any building or structure (or cause the same to be done) which is used for commercial, multi-family, or institutional use, in whole or in part, which fails to support adequate radio coverage to the Fire Department. (B) For purpose of this section, adequate radio coverage shall include all of the following: (1) A minimum signal strength of – 101 Dbm available in ninety-five percent of the area of each floor of the building when transmitted from the public safety radio communications system; and (2) A minimum signal strength of – 101 Dbm received at the public safety radio communications system when transmitted from ninety-five percent of the area of each floor of the building, via portable radio with public safety microphone. (C) Channel Performance Criterion (CPC). CPC is the minimum performance level in a faded channel, per TSB-88, clause 4.2 TSB-88 is a “Telecommunications Systems Bulletin” published by the TIA, Telecommunication Industry Association. The performance level is rated using “Delivered Audio Quality.” Industry standard DAQ definitions are shown in Table 1, below. A DAQ level of 3 is the minimum FIRE PREVENTION AND FIRE SAFETY ORDINANCE 14 City of South Burlington Ordinance Council Discussion Draft 11.21.16 performance level which shall be attainable by public safety radio systems in ninety-five percent of the area of each floor of a building subject to this chapter. Table 1 – DAQ (DELIVERED AUDIO QUALITY DEFINITIONS) Subjective Performance Description: (1) Unusable, speech present but unreadable. (2) Understandable with considerable effort. Frequent repetition due to noise/distortion. (3) Speech understandable with slight effort. Occasional repetition required due to noise/distortion. (4) Speech understandable with repetition only rarely required. Some noise/distortion. (5) Speech easily understood. Occasional noise/distortion. (6) Speech easily understood. Infrequent noise/distortion. (7) Speech clearly understood. (D) The frequency range must support the Fire Department radio frequencies from the communications base stations, and the public safety radio communications base stations. (E) The Fire Department may alter necessary frequencies or signal strengths due to changes in technical specification for public safety radio requirements. In such event, any frequency changes shall be reported to the City Council and approved as amendments to this Ordinance as soon as is practicable. 28. Testing (A) Initial Tests. Officials of the Fire Department or their designees shall perform initial radio coverage tests. A certificate of occupancy shall not be issued to any new structure if the building fails to comply with this section. (B) Annual Tests. Fire Department personnel or their designees shall thereafter conduct annual radio coverage tests. 29. Emergency Services Radio Amplification Systems Allowed (A) Buildings and structures which cannot independently support the required level of radio coverage shall be equipped with any of the following in order to achieve the required adequate radio coverage: a radiating cable system or an internal multiple antenna system with or without FCC type-accepted signal booster amplifiers as needed. If any part of the installed system or systems contains an electrically powered component, the system shall be capable of operating on an independent battery and/or generator system for a period of at least twelve hours without external power input. Any battery system employed shall automatically recharge in the presence of an external power input. (B) The installation of equipment as indicated above shall not have a detrimental effect on the operation of the public safety radio system. (C) In the event that a signal booster is employed it shall be fully encased within a dust and water resistant case. FIRE PREVENTION AND FIRE SAFETY ORDINANCE 15 City of South Burlington Ordinance Council Discussion Draft 11.21.16 30. Field Testing The Fire Department, after providing reasonable notice to the owner or his or her representative, shall have the right to enter onto the property to conduct field testing to determine whether the required level of radio coverage is present. 31. Special Events/Festivals (A) The promoter of any special event or festival or, in the absence of any promoter, the owner of the land on which any special event or festival is to be conducted, shall notify the Fire Department of the event or festival at least ten (10) business days in advance of the event or festival. Such promoter or owner shall comply with the requirements of this Ordinance and such other requirements as the Fire Marshal shall impose, including maintenance of adequate fire lanes and the location and size of all fire lanes, booths, stages, and other structures and equipment. The South Burlington Fire Department is charged with sole responsibility of providing fire protection and EMS coverage for such events in the City. (B) Any special event or festival with an attendance of 1,000 persons or more shall be required to provide South Burlington Fire/EMS personnel specially and exclusively assigned to the event. The promoter of the event or owner of the land involved shall be responsible for the reasonable costs of this additional coverage. The number of firefighters/EMTs and the time required for staffing shall be set by the Fire Department based on an assessment of the event and the location, weather, time, traffic impact, availability of alcohol, history of the event, or other identifiable safety factors, taking into account the requirements of the adopted fire codes and the SFPE Fire Protection Handbook. The promoter or owner shall secure a signed staffing agreement with the Fire Marshal or designee not less than seven (7) business days prior to the event. (C) The Fire Chief or his/her designee may request the immediate assistance of any City department or agency with which the City has a local or mutual aid agreement to assist in the abating or mitigating of any unsafe condition. All City departments and officials shall respond in an expeditious manner when called upon by the Fire Chief. (D) All costs to abate or mitigate the hazard shall be borne by the property owner. 32. Fire Lanes (A) Fire lanes may be established on any public or private parking lot or other area adjacent to buildings which are open to public use or in areas where congestions from any cause or obstruction by parked vehicles might impede quick access by Emergency Vehicles. The fire lanes or fire zones so established shall be available for use of the Fire Department, its men and equipment, or any other Emergency Vehicle. (B) The owners of such property, as directed by the Fire Chief, shall cause to be posted and/or marked upon the ground the proper control signs for the fire zone or fire lane, and all signs and ground markings and their location shall first be approved by the Fire Chief or his/her designee. (C) No vehicles, except an Emergency Vehicle, as herein defined, shall be parked within the fire lane or fire zone at any time nor shall any vehicle be operated to as to impede an Emergency Vehicle in its use of said areas. FIRE PREVENTION AND FIRE SAFETY ORDINANCE 16 City of South Burlington Ordinance Council Discussion Draft 11.21.16 (D) Any member of the Police Department may cause to be towed to a convenient public garage any vehicle parked in violation of this Ordinance. The owner of any vehicle towed to a public garage under the provisions of this Ordinance shall be responsible for paying all towing charges, storage charges or other expenses incurred in moving the vehicle, except that the charge of towing and storage of each vehicle shall not exceed an amount established by resolution of the City Council. 33. Outside Burning (A) Burning Permit Required. A Burning Permit issued by the Fire Chief or his/her designee shall be required for any outside fire, except that a Burning Permit shall not be required for campfires thirty inches (30”) or less in diameter, outdoor grills, free-standing fireplaces, or commercial fire pits and fireplaces for recreation or preparation of food. Failure to obtain a Burning Permit or to abide by any condition of the Permit shall be a violation of this Ordinance. All Burning Permits shall be subject to the following general conditions and any special conditions written on the Permit: (1) The Permit shall be valid only for the place and time stated on the Permit. (2) The person holding the Permit must at all times have sufficient help, water and tools present to control the fire. (3) Fires shall be kindled in a garden or cleared space no less than fifty feet (50’) from any building or structure. (4) The fire may not be left unattended until entirely extinguished. (5) Only Natural Materials may be burned and any wood or woody material shall be three inches (3”) or less in diameter. (6) No gasoline, kerosene, diesel fuel, fuel oil, or other flammable liquid or material may be used to ignite the fire. (B) All outside fires shall be attended at all times and shall only be kindled at such times and under such conditions as will enable the party kindling the fire to keep the fire under control and prevent the fire from creating a public nuisance or hazard. (C) Any outside fire kindled without a required Burning Permit or any outside fire that, in the opinion of the Fire Chief or his/her designee, presents a public nuisance or hazard may be extinguished by the Fire Department. (D) Outside fires kindled for the purposes of recreation or preparation of food shall be confined to devices or appliances designed for such purposes. Such devices and appliances shall be used no less than ten (10) feet from any structure or overhanging roof or porch. Campfires not contained in a device or appliance designed for such purpose shall be no less than twenty-five feet (25’) from any structure or combustible material. (E) The use of outdoor incinerators, including any burn barrel or other article, machine, equipment or contrivance, structure or part of a structure used primarily to dispose of waste by burning is prohibited. This prohibition shall not apply to the incineration of Solid Waste at any facility regulated by the State of Vermont and having and complying with all necessary permits in accordance with all applicable laws, rules and regulations, including all air quality permits. (F) The State of Vermont, Division of Fire Safety requires the following: FIRE PREVENTION AND FIRE SAFETY ORDINANCE 17 City of South Burlington Ordinance Council Discussion Draft 11.21.16 NFPA 1, Section 10.11.7. For other than one and two family dwellings, no hibachi, gas fired grill, charcoal grill, or other similar devices used for cooking, heating, or any other purpose, shall be used or kindled on any balcony or under any overhanging portion or within 10 feet of any structure. Listed electric ranges, grills, or similar electrical apparatus shall be permitted. 34. Reward for Information Resulting in Conviction of Persons Burning The City Council may offer a reward of not more than one thousand dollars ($1,000.00) for information which shall result in the detection and conviction of any person guilty of the illegal burning of property in the City. 35. Removal of Fire Hazard (A) The Fire Chief or his/her designee may direct the owner or occupant of any building or premises to abate any unsafe condition, move to a place of safety, remove any unsafe or combustible materials which in his or her opinion shall expose the building or the surrounding or adjacent buildings or property to unnecessary hazard. The Fire Chief or his/her designee may also direct an owner or occupant to clear away from his building or premises debris or other materials resulting from fire, windstorm or other catastrophe within a reasonable time after the occurrence of such fire, storm or catastrophe. Failure to comply with a direction of the Fire Chief or his/her designee shall be a violation of this Ordinance. (B) The Fire Chief or his designee may request the immediate assistance of any City department or agency with which the City has a local or mutual aid agreement to assist in the abating or mitigating of any unsafe condition. All City departments and officials shall respond in an expeditious manner when called upon by the Fire Chief. (C) All costs to abate or mitigate the hazard shall be borne by the property owner. 36. Order to Evacuate (A) The Fire Chief or his/her designee may direct any owner or occupant of any building, land or premises to move to a place of safety during a fire or other emergency. (B) Failure to comply with this order shall be a violation of this Ordinance. 37. Enforcement and Penalties Any person who violates a provision of this civil ordinance shall be subject to a civil penalty of up to $800 per day for each day that such violation continues. Each day the violation continues shall constitute a separate violation. Firefighters and police officers of the City of South Burlington shall be authorized to act as Issuing Municipal Officials to issue and pursue before the Judicial Bureau or other appropriate judicial body a municipal complaint. A municipal complaint may, at the discretion of the Issuing Municipal Official, be dismissed upon the successful completion of a restorative justice program before the South Burlington Community Justice Center. FIRE PREVENTION AND FIRE SAFETY ORDINANCE 18 City of South Burlington Ordinance Council Discussion Draft 11.21.16 38. Civil Penalty; Waiver Fee (A) Waiver Fees – An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fees: First Offense $100 Second Offense $200 Third Offense $300 Fourth Offense and subsequent Offenses $400 Offenses shall be counted on an annual basis in conjunction with the calendar year. (B) Civil Penalties: First Offense $200 Second Offense $400 Third Offense $600 Fourth Offense and subsequent Offenses $800 Offenses will be counted on an annual basis in conjunction with the calendar year. 39. Other Relief In addition to the recovery of civil penalties provided for above, the City may seek to enforce this Ordinance by an appropriate action for injunctive relief. Further, nothing herein shall be construed to limit other rights, remedies or penalties available by law, including under Chapter 173 of Title 20, V.S.A. 40. Fees All fees to be paid to the City under this Ordinance, including but not limited to fees for permits, plan review and inspections, shall be as prescribed in the applicable fee schedule (Schedule A, attached hereto), which may be amended from time to time by majority vote of the City Council. 41. Ordinances Repealed The following City ordinances are hereby repealed in their entirety: (A) Ordinance to Provide for the Inspection of Electrical Installations, adopted January 4, 1971. (B) Ordinance for the Control and Prevention of Fire, adopted December 21, 1970, as amended November 6, 1972 and November 18, 1974. (C) Ordinance to Establish and Maintain Fire Lanes, adopted March 21, 1977. (D) Ordinance Relating to the Use of Fire Alarm Systems, adopted January 5, 1987. (E) Outside Burning Ordinance, adopted September 7, 2010. FIRE PREVENTION AND FIRE SAFETY ORDINANCE 19 City of South Burlington Ordinance Council Discussion Draft 11.21.16 42. Severability If any portion of this Ordinance is held to be invalid by a court of competent jurisdiction, such finding shall not invalidate any other part of this Ordinance. Adopted at South Burlington, Vermont this _____ day of __________________, 2016, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _________________________________ Helen Riehle, Chair _________________________________ Meaghan Emery, Vice-Chair _________________________________ Tim Barritt, Clerk _________________________________ Thomas Chittenden _________________________________ Pat Nowak Received and recorded this ______ day of _____________________, 2016. _________________________________ Donna Kinville, City Clerk FIRE PREVENTION AND FIRE SAFETY ORDINANCE 20 City of South Burlington Ordinance Council Discussion Draft 11.21.16 South Burlington Fire Prevention and Fire Safety Ordinance Fee Schedule Schedule A Note: With the exception of civil penalties resulting from a municipal complaint, all payments due under the South Burlington Fire Prevention and Fire Safety Ordinance shall be made to the City of South Burlington and are payable by check, money order, or credit card. Waiver penalties and fines assessed as a result of a municipal complaint shall be paid in accordance with applicable Judicial Bureau procedures. Fees The Fire Marshal’s Office shall receive the following fees for construction permit plan review, inspections, re-inspections and other matters under the City’s Fire Prevention and Fire Safety Ordinance: Construction Permit Plan Review: $8.50/$1,000 of the total valuation of the construction work proposed to be done for all buildings. In no event shall the permit plan review fee exceed $300,000 nor be less than $50. Specialty Suppression System: $11.00/$1,000 of the total cost (parts & labor) of the specialty suppression system. Hood Suppression Systems: $40.00/$1,000 of the total cost (parts & labor) of the hood suppression system. Sprinkler Plan Review: $18.00/$1,000 of the total cost (parts & labor) of the sprinkler system. Standpipe System: $33.00/$1,000 of the total cost (parts & labor of the standpipe system. Fire Pump: $7.00/$1,000 of the total cost (parts & labor) of the fire pump system. Fire Alarm Systems: $31.00/$1,000 of the total cost (parts & labor) of the fire alarm system. Tent Permit Fees: Tents installed in public areas, with a tent foot print of 200-1199 square feet are subject to a fee of $50. Any tent with a tent foot print of 1200 square feet or greater shall be subject to a fee of $165. Time of Sale Inspections: Any party requesting a time of sale inspection for residential or commercial properties shall pay the following fees: (1) For buildings containing one or two Dwelling Units, a fee of $125. (2) An additional charge of $50 for each unit over the second unit in the building. (3) The person requesting the inspection shall prior to, or at the commencement of the inspection, shall make payment in either a check or money order payable to the City. (4) The inspection fee shall apply to the property for the initial inspection and one (1) re-inspection. (5) Any additional re-inspections shall be subject to a seventy-five dollar ($75.00) re- inspection fee for each subsequent visit, payable prior to the commencement of the inspection. FIRE PREVENTION AND FIRE SAFETY ORDINANCE 21 City of South Burlington Ordinance Council Discussion Draft 11.21.16 Permit or Plan Amendments (A) Construction Permit Plan Amendment. The fee for the review of an amendment to a construction permit plan shall be as prescribed above, per amendment, for Construction Permit Plan Review plus 1% of any increase in the net cost of the final constructed costs of the system. (B) Specialty Suppression System Plan Amendment. The fee for the review of an amendment to a specialty suppression system plan shall be as prescribed above, per amendment, for Specialty Suppression System Plan Review plus 1% of any increase in the net cost of the final contracted cost of the system. (C) Hood Suppression System Plan Amendment. The fee for the review of an amendment to a hood suppression system plan shall be as prescribed above, per amendment, for Hood Suppression System Plan Review plus 4% of any increase in the net cost of the final contracted cost of the system. (D) Fire Sprinkler Plan Amendment. The fee for the review of an amendment to a fire sprinkler system plan shall be as prescribed above, per amendment, for Fire Sprinkler System Plan Review plus 2% of any increase in the net cost of the final contracted cost of the system. Exception: Residential sprinkler systems (NFPA 13R) installed in residential properties of less than five (5) units shall have this fee waived unless an expedited permit is requested. (E) Fire Alarm System Plan Amendment. The fee for the review of an amendment to fire alarm system plan shall be as prescribed above, per amendment, for a Fire Alarm System Plan Review plus 3% of any increase in the net cost of the final contracted cost of the system. (F) Standpipe System Plan Amendment. The fee for the review of an amendment to a standpipe system plan shall be as prescribed above, per amendment, for a Standpipe System Plan Review, plus 3% of any increase in the net cost of the final contracted cost of the system. (G) Fire Pump System Plan Amendment. The fee for the review of an amendment to a fire pump system plan shall be as prescribed above, per amendment, for a Fire Pump System Plan Review, plus 1% of any increase in the net cost of the final contracted cost of the system. (H) In addition to the foregoing amendment fees, including any percentage increases, any permit or plan requiring an amendment shall be charged a minimum administrative fee of $50. Phased-Installation Inspection Fees An additional fee of 12% of the total fire protection system cost shall be charged when a permittee requests to phase in necessary components of a fire protection system and inspections are required to be conducted for each phase. Re-inspection Fees FIRE PREVENTION AND FIRE SAFETY ORDINANCE 22 City of South Burlington Ordinance Council Discussion Draft 11.21.16 A fee for failure of the first: re-test/re-inspection or subsequent inspection, the witnessing a second or subsequent retest of any fire protection, prevention, or alarm system or the re-inspection of a system or any part thereof beyond the rough-in inspection and the final inspection shall be charged at a rate of seventy-five dollars ($75.00) per hour per inspector. This fee shall be paid by installing owner/contractor prior to any re-inspection/retest. Expedited Permit Fee Some permits may be eligible for an expedited process. The Fire Marshal’s schedule shall dictate the availability of this service. Plans for systems with contracted costs valued at less than twenty thousand dollars ($20,000.00) may be reviewed and approved on an expedited basis within ten (10) business days for a special fee of one hundred fifty dollars ($150.00) per hour paid in addition to all other applicable permitting fees. The minimum expedited fee shall be three hundred dollars ($300.00). Response Fee Any violation of the Ordinance resulting from a false report response shall be subject to a response fee of $500 for each Fire Department response, in addition to any other applicable fines or fees. Any violation of the Ordinance resulting from a false alarm report will all be subject to the following fees, in addition to any other applicable fines or fees. First incident in a calendar year: $150 Second incident in a calendar year: $300 Third and subsequent incidents in a calendar year: $500 Place of Assembly Fee A biannual fee of two hundred forty dollars ($240.00) shall be charged to each place of assembly by the Fire Department for the cost of the inspection and certificate program. Occupancy load certificates issued during the billing cycle shall be pro-rated. Physical changes within a place of assembly that change the posted occupancy rating shall require the issuance of a new certificate and shall require a new fee to be paid. The fee shall be due on July 1, 2013, and biannually on the first day of July thereafter. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com To: Kevin Dorn, City Manager From: Martha Machar, Deputy Finance Officer Ilona Blanchard, Project Director Subject: Draft FY2018-2027 Capital Improvement Program: Department Presentations Date: November 18, 2016 Background: The City Council will be holding a public hearing on the draft FY 2018 – FY 2027 Capital Improvement Program (CIP) on December 5, 2016. This draft is proposed to replace the existing FY2017-2026 CIP as the City’s adopted Capital Improvement Program. This proposed CIP adds FY 2027 and incorporates proposed changes due to new information or priorities. The City department heads also solicited comments from City committees last summer while preparing their portion of the program. The CIP reflect cost estimates and information available in the summer of 2016. Capital Improvement Program History A Capital Improvement Program (CIP) is a tool used to improve coordination in the timing of major projects, plan for capital replacement and future major maintenance costs, and reduce fluctuations in the tax rate. The attached draft CIP reflects the following potential capital expenditures: 1) Forecasted costs related to maintaining South Burlington’s current level of service through refreshing, rebuilding and replacing existing capital equipment and infrastructure including costs such as paving roadways, replacing vehicles and costly items such as cars and emergency apparatus, and upgrades to existing sewer treatment plants. 2) Estimated spending related to building public infrastructure that will result in a new downtown - City Center – including only projects eligible for TIF District financing such as new roadways, streetscapes and bridges, structured parking, parks, municipal facilities, wetland mitigation and stormwater management systems. 3) Projects (generally related to transportation and parks) that are included in impact fee ordinances, requested by committees or the community, or shown in long range plans or studies that improve the level of service such as reconstructing Spear Street, adding sidewalks to Hinesburg Road and expanding recreation fields. A CIP is a road map to guide budget preparation based on an estimate of future projects and costs consistent with current City priorities and fiscal outlook. The CIP incorporates Council priorities; committee recommendations which are solicited annually; adopted plans and ongoing projects; and equipment and facility maintenance, replacement and upgrade needs. As a financial planning tool, the CIP responds to the estimated fiscal capacity for each year going forward. It is not a static document and changes from year to year. The first year (FY18) of the FY2018-27 CIP will be incorporated into the City’s 2017-2018 budget for approval in March. Attachments: • Draft Summary Pages – Capital Improvement Program FY2018-2027 • Public Hearing Draft Capital Improvement Program for FY2018-2027 Recommendation Listen to the Presentations, provide any feedback. FY 2018-2027 CAPITAL IMPROVEMENT PROGRAM I.GENERAL FUND Overview of Totaled Expenditure Costs & Funding Sources (Revenue) summed by Type Overview broken out by Department/Service Area of Totaled Expenditure Costs & Funding Sources summed by Type CIP Projects (Expenditures) Listed by Department/Service Area or Category & Cost Per Year Individual Project Detail Sheets Highways/Parks Fire Department Ambulance Police Department Recreation and Parks Recreation Paths Road and Sidewalk Improvements Administration Library City Center II.SEWER FUND III.STORMWATER FUND A Capital Improvement Program is a tool used to improve coordination in the timing of major projects, plan for capital replacement and major maintenance costs, and reduce fluctuations in the tax rate. A program is not a budget, but a road map to guide budget preparation based on an estimate of future projects and costs consistent with City priorities and fiscal outlook. The Capital Improvement Program is prepared yearly during the budget process but is adopted after the approval of the budget. A summary of the Capital Improvement Program (CIP) for FY18-27 is included in the annual budget book. City of South Burlington Capital Improvement Program FY 2018-2027 PUBLIC HEARING DRAFT 11/18/2016 I.GENERAL FUND City of South Burlington Capital Improvement Program FY 2018-2027 PUBLIC HEARING DRAFT 11/18/2016 OVERVIEW OF GENERAL FUND CAPITAL IMPROVEMENT PROGRAM EXPENDITURES TOTALED BY EXPENDITURE COSTS AND FUNDING SOURCE GENERAL FUND CAPITAL IMPROVEMENT PROGRAM OVERVIEW: SUMMARY FINANCIALS (in $1,000)FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total: Costs Subtotaled: Studies, Design, Eng., Inspection, GC, Legal 2,121 4,779 3,102 3,943 2,328 749 1,088 575 10 10 18,704 Land/ROW/Easement Acquisition 77 - 394 292 - - - - - - 763 Construction 5,234 18,195 22,543 19,615 7,668 15,107 7,189 6,794 1,035 260 103,639 Furniture & Equipment 693 1,393 3,639 2,342 3,312 1,180 1,402 2,012 590 300 16,862 Bond Payment Obligations (aggregate)1,007 985 962 939 819 800 781 761 463 440 7,958 Debt Payments 139 139 139 139 139 139 139 139 139 139 1,394 Future Note Repayment - WPC 260 260 107 - - - - - - - 626 City Center Bond Anticipated Repayment - 264 777 991 1,010 1,055 1,284 1,284 1,284 1,284 9,231 TIF District Debt Anticipated Repayment 103 1,102 2,140 2,699 4,070 4,070 4,070 4,070 4,070 4,070 30,464 To City Center Reserve Fund 860 860 860 860 860 860 860 860 860 860 8,600 Total CIP Costs:10,493 27,977 34,664 31,820 20,206 23,961 16,813 16,494 8,451 7,363 198,241 Funding Sources Subtotaled: General Fund (sourced from Property Taxes)3,099 3,374 3,092 3,554 3,705 3,160 3,493 4,112 2,397 1,326 31,314 CIP Reserve Fund 180 224 632 797 807 847 1,081 1,023 1,023 1,023 7,638 Fire Reserve Fund - - - - - - - - - - - EMS Reserve Fund - - - - - - - - - - - Grant/Donation/Developer 2,862 5,900 9,071 11,076 2,661 9,540 3,550 - - - 44,660 Secured Debt Proceeds 247 155 73 21 58 746 - - - - 1,300 Anticipated Debt Proceeds 579 3,548 7,009 2,905 658 3,337 2,846 - - - 20,882 Fire Impact Fee - - - - - - - - - - - Highway Impact Fee 370 - 146 279 445 150 150 - - - 1,540 Recreation Impact Fee 182 756 562 309 75 - - - - - 1,883 Public Facility Impact Fee - 40 145 194 203 208 203 260 260 260 1,774 Police Impact Fee 110 110 110 110 110 110 110 110 97 80 1,057 TIF District Financing - Proceeds 1,858 11,963 11,079 9,172 6,790 1,190 706 6,315 - - 49,073 Trade-In Generated Revenues 3 4 3 3 4 3 4 4 4 4 36 Other - Open Space, Rents, etc.901 801 601 700 619 599 599 599 599 599 6,620 TIF District Revenues (Increment)103 1,102 2,140 2,699 4,070 4,070 4,070 4,070 4,070 4,070 30,464 Total CIP Revenues 10,493 27,977 34,664 31,820 20,206 23,961 16,813 16,494 8,451 7,363 198,241 This page totals all General Fund capital expenditure (CE) costs by summed by cost types and funding sources annually. Information reflected on this page includes bond payments for prior capital projects. The City makes cash payments for maintenance and replacement in lieu of debt where possible in order to preserve debt capacity to undertake larger City priorities, i.e. the envisioned City Center. The General Fund has three reserve funds related to capital projects and equiptment and vehicle purchase: the CIP Reserve Fund, for City Center expenditures. Costs below fall into three categories: project related (studies, property rights, construction, furniture & equipment), debt (payment on financing) and funding reserve funds (CIP, Fire/Ambulance, Facilities). NOTE that this is a program of planned expenditures and revenues and all costs are estimated and time tables are tenative and subject to change. GENERAL FUND - HIGHWAY/PARKS CAPITAL IMPROVEMENT PROGRAM EXPENDITURES TOTALED BY EXPENDITURE COSTS AND FUNDING SOURCE Department Contact:Justin Rabidoux SUMMARY FINANCIALS (in $1,000)FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total: Costs Subtotaled: Studies, Design, Eng., Inspection, GC, Legal 85 10 10 35 10 10 10 10 10 10 200 Land/ROW/Easement Acquisition - - - - - - - - - - - Construction 1,540 795 765 841 865 1,140 915 940 965 190 8,956 Furniture & Equipment 350 350 310 250 300 250 300 300 - - 2,410 Bond Obligations Total CIP Costs:1,975 1,155 1,085 1,126 1,175 1,400 1,225 1,250 975 200 11,566 Funding Sources Subtotaled: General Fund 1,150 1,155 1,085 1,075 1,125 1,350 1,175 1,200 925 150 10,390 - Grant/Donation/Developer 742 - - - - - - - - - 742 Secured Bond - - - - - - - - - - - Anticipated Bond - - - - - - - - - - - Highway Impact Fee 83 - - - - - - - - - 83 Trade-In Generated Revenues - - - - - - - - - - - Other - - - 51 50 50 50 50 50 50 351 Total Funding Sources:1,975 1,155 1,085 1,126 1,175 1,400 1,225 1,250 975 200 11,566 The Highway/Parks CIP includes identified maintenance needs throughout the City for general operations and maintenance such as paving, fleet replacement, a garage and salt/sand shed expansion, replacement of fuel pumps, etc. CIP PROJECTS OVERVIEW: City of South Burlington Capital Improvement Program FY 2018-2027 PUBLIC HEARING DRAFT 11/18/2016 GENERAL FUND HIGHWAY/PARKS OVERVIEW BY EXPENDITURE CIP PROJECTS OVERVIEW:Total Estimated Revenues: Total Estimated Savings: Department Contact:Justin Rabidoux Changes from FY 2016-2027 CIP: SUMMARY CIP EXPENDITURES (in $1,000)FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total: Paving 575 600 625 650 675 700 725 750 775 - 6,075 Fleet Replacement 350 350 310 250 300 250 300 300 - - 2,410 Salt/Sand Storage Shed Expansion - - - - - - - - - - - Garage Expansion 125 80 - - - - - - - - 205 Fueling System Replacement - - - 25 - 250 - - - - 275 Facility Stewardship 100 125 150 201 200 200 200 200 200 200 1,776 Adaptive Signal Control 825 - - - - - - - - - 825 TOTAL ESTIMATED CIP EXPENDITURES:1,975 1,155 1,085 1,126 1,175 1,400 1,225 1,250 975 200 11,566 0 The HIGHWAY/PARKS CIP includes identified maintenance needs to keep current levels of service throughout the City. These include general operations and highway maintenance such as paving, fleet replacement, a garage and salt/sand expansion, and the replacement of fuel pumps. 0 City of South Burlington Capital Improvement Program FY 2018-2027 PUBLIC HEARING DRAFT 11/18/2016 GENERAL FUND - FIRE DEPARTMENT CAPITAL IMPROVEMENT PROGRAM EXPENDITURES TOTALED BY EXPENDITURE COSTS AND FUNDING SOURCE Department Contact:Doug Brent SUMMARY FINANCIALS (in $1,000)FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total: Costs Subtotaled: Studies, Design, Eng., Inspection, GC, Legal - - - - - - - - - - - Land/ROW/Easement Acquisition - - - - - - - - - - - Construction - - - - - - - - - - - Furniture & Equipment 77 121 36 369 740 52 764 1,394 12 - 3,564 Debt Repayment - - - - - - - - - - - Debt Repayment (WPC Note for Pumper)153 153 - - - - - - - - 306 To Fire/Ambulance Reserve Fund - - - - - - - - - - - Total CIP Costs:230 274 36 369 740 52 764 1,394 12 - 3,870 Funding Sources Subtotaled: General Fund 230 274 36 369 740 52 764 1,394 12 - 3,870 Fire Reserve Fund - - - - - - - - - - - Grant/Donation/Developer - - - - - - - - - - - Secured Bond - - - - - - - - - - - Anticipated Bond - - - - - - - - - - - Fire Impact Fee - - - - - - - - - - - Trade-In Generated Revenues - - - - - - - - - - - Other - - - - - - - - - - - Total Funding Sources:230 274 36 369 740 52 764 1,394 12 - 3,870 The ten-year projection of capital expenditures for the Fire Department includes replacement costs for all rolling stock, replacement of equipment and gear. FIRE DEPARTMENT CIP PROJECTS OVERVIEW: City of South Burlington Capital Improvement Program FY 2018-2027 PUBLIC HEARING DRAFT 11/18/2016 GENERAL FUND FIRE DEPARTMENT OVERVIEW BY EXPENDITURE CIP PROJECTS OVERVIEW:Total Estimated Revenues: Total Estimated Savings: Department Contact:Doug Brent Changes from FY 16-26 CIP: SUMMARY CIP EXPENDITURES (in $1,000)FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total: Equipment 77 82 36 10 - 52 34 44 - - 334 Vehicle Replacement 153 192 - 359 740 - 730 1,350 12 - 3,536 - - - - - - - - - - - TOTAL ESTIMATED CIP EXPENDITURES:230 274 36 369 740 52 764 1,394 12 - 3,870 0 FIRE DEPARTMENT: Vehicle and equiptment replacement schedule and cost estimates for all rolling stock and major equiptment assigned to Fire Department and building improvementsThis excludes note payments and transfers to Reserve Funds (see Costs and Funding Summary). 0 Updated cost estimates/pricing City of South Burlington Capital Improvement Program FY 2018-2027 PUBLIC HEARING DRAFT 11/18/2016 GENERAL FUND - AMBULANCE CAPITAL IMPROVEMENT PROGRAM EXPENDITURES TOTALED BY EXPENDITURE COSTS AND FUNDING SOURCE Department Contact:Doug Brent SUMMARY FINANCIALS (in $1,000)FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total: Costs Subtotaled: Studies, Design, Eng., Inspection, GC, Legal - - - - - - - - - 0 - Land/ROW/Easement Acquisition - - - - - - - - - - - Construction - - - - - - - - - - - Furniture & Equipment 32 - 35 264 55 - - - 275 - 661 Total CIP Costs:32 - 35 264 55 - - - 275 - 661 Funding Sources Subtotaled: General Fund 32 - 35 264 55 - - - 275 - 661 Ambulance Reserve Fund - - - - - - - - - - - Grant/Donation/Developer - - - - - - - - - - - Bond_Existing - - - - - - - - - - - Bond_Future - - - - - - - - - - - - - - - - - - - - - - Trade-In Generated Revenues - - - - - - - - - - - Other - - - - - - - - - - - Total Funding Sources:32 - 35 264 55 - - - 275 - 661 Vehicle, equipment replacement schedule and cost estimations for all rolling stock assigned to Emergency Medical Services Division. AMBULANCE CIP PROJECTS OVERVIEW: City of South Burlington Capital Improvement Program FY 2018-2027 PUBLIC HEARING DRAFT 11/18/2016 GENERAL FUND AMBULANCE OVERVIEW BY EXPENDITURE CIP PROJECTS OVERVIEW:Total Estimated Revenues: Total Estimated Savings: Department Contact:Doug Brent Changes from FY 16 - 26 CIP: SUMMARY CIP EXPENDITURES (in $1,000)FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total: Vehicles - - - 264 - - - - 275 - 539 EMS Equiptment 32 - 35 - 55 - - - - - 122 TOTAL ESTIMATED CIP EXPENDITURES:32 - 35 264 55 - - - 275 - 661 AMBULANCE: Vehicle replacement schedule and cost estimations for all rolling stock and major equiptment assigned to Emergency Medical Services Division City of South Burlington Capital Improvement Program FY 2018-2027 PUBLIC HEARING DRAFT 11/18/2016 GENERAL FUND - POLICE DEPARTMENT CAPITAL IMPROVEMENT PROGRAM EXPENDITURES TOTALED BY EXPENDITURE COSTS AND FUNDING SOURCE Department Contact:Trevor Whipple SUMMARY FINANCIALS (in $1,000)FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total: Estimated Costs Subtotaled: Studies, Design, Engineering, Inspection, GC, Legal - - - - - - - - - - - Land/ROW/Easement Acquisition - - - - - - - - - - - Construction - 20 20 50 50 50 50 50 50 50 390 Furniture & Equipment 157 270 325 408 432 339 269 265 222 225 2,912 Current Bond Obligations 576 563 550 536 521 506 490 473 457 440 5,112 Total CIP Costs:733 853 895 994 1,003 895 809 788 729 715 8,414 Funding Sources Subtotaled: General Fund (sourced from Property Taxes)260 379 422 471 479 372 285 264 218 221 3,371 - - - Grant/Donation/Developer - - - - - - - - - - - Secured Bond - - - - - - - - - - - Anticipated Bond - - - - - - - - - - - - - - - Police Impact Fee 110 110 110 110 110 110 110 110 97 80 1,057 - Trade-In Generated Revenues 3 4 3 3 4 3 4 4 4 4 36 Other - Rooms & Meals Tax 360 360 360 410 410 410 410 410 410 410 3,950 Total Funding:733 853 895 994 1,003 895 809 788 729 715 8,414 The Police Department capital improvement program is almost entirely equipment replacement. Projections have been made to take into account the normal life cycle of the more expensive equipment utilized in police operations. Funds are designated for anticipated building repairs and improvements. POLICE CIP PROJECTS OVERVIEW: City of South Burlington Capital Improvement Program FY 2018-2027 PUBLIC HEARING DRAFT 11/18/2016 GENERAL FUND POLICE DEPARTMENT OVERVIEW BY EXPENDITURE CIP PROJECTS OVERVIEW:Total Estimated Revenues: Total Estimated Savings: Department Contact:Trevor Whipple Changes from FY 2016-2027 CIP: SUMMARY CIP EXPENDITURES (in $1,000)FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total: Police Station Financing Debt Service 576 563 550 536 521 506 490 473 457 440 5,112 Vehicle Replacement 82 184 185 141 173 144 188 189 144 147 1,577 Building Stewardship Fund - 20 20 50 50 50 50 50 50 50 390 Taser/Handgun Replacement - - - - 35 40 - - - - 75 Security and Building Access Equiptment - - - 145 - - - - - - 145 Dispatch Equipment - - 50 50 - - - - - - 100 Communications, Computers, Electronics 75 86 90 72 224 155 81 76 78 78 1,015 TOTAL ESTIMATED CIP EXPENDITURES:733 853 895 994 1,003 895 809 788 729 715 8,414 0 The POLICE DEPARTMENT capital improvement program is almost entirely equipment replacement. Projections have been made to take in to account the normal life cycle of the more expensive equipment utilized in police operations. Funds are designated for anticipated building repairs and improvements. 0 City of South Burlington Capital Improvement Program FY 2018-2027 PUBLIC HEARING DRAFT 11/18/2016 GENERAL FUND - RECREATION AND PARKS DEPARTMENT CAPITAL IMPROVEMENT PROGRAM EXPENDITURES TOTALED BY EXPENDITURE COSTS AND FUNDING SOURCE Department Contact:Maggie Leugers SUMMARY FINANCIALS (in $1,000)FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total: Estimated Costs Subtotaled: Studies, Design, Engineering, Inspection, GC, Legal 70 50 - - - - - - - - 120 Land/ROW/Easement Acquisition - - - - - - - - - - - Construction 371 482 248 98 683 1,363 29 34 - - 3,308 Furniture & Equipment 13 21 23 21 13 205 - - - - 296 Bond Obligations - Debt Payment 139 139 139 139 139 139 139 139 139 139 1,394 - - - - Total CIP Costs:593 692 410 258 835 1,707 168 173 139 139 5,117 Funding Sources Subtotaled: General Fund (sourced from Property Taxes)68 173 73 23 38 78 29 34 - - 516 Grant/Donation/Developer 35 50 - - 125 569 - - - - 779 Secured Debt Proceeds (Open Space Projects Fund)247 155 73 21 58 746 - - - - 1,300 Anticipated Debt Proceeds - - - - 425 175 - - - - 600 - Recreation Impact Fee 105 175 125 75 50 - - - - - 530 Trade-In Generated Revenues - - - - - - - - - - - Open Space Funds 139 139 139 139 139 139 139 139 139 139 1,394 Total Funding Sources 593 692 410 258 835 1,707 168 173 139 139 5,117 The Recreation & Parks Department is responsible for planning for future active and passive recreational needs for the community, including the purchase and development of additional land for parks, and expanding and improving facilities and equipment. RECREATION & PARKS PROJECTS OVERVIEW: City of South Burlington Capital Improvement Program FY 2018-2027 PUBLIC HEARING DRAFT 11/18/2016 GENERAL FUND RECREATION AND PARKS OVERVIEW BY EXPENDITURE RECREATION AND PARKS CIP PROJECTS OVERVIEW:Total Estimated Revenues: Total Estimated Savings: Department Contact:Maggie Leugers Changes from FY 2016-2027 CIP: SUMMARY CIP EXPENDITURES (in $1,000)FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total: Underwood Property 50 - - - 100 85 - - - - 235 Internal Parks Signage & Wayfinding 9 8 8 6 8 - - - - - 39 Facilities 33 23 23 23 28 28 29 34 - - 221 South Village Soccer Field - 175 125 - - - - - - - 300 Overlook Park - 75 - - - - - - - - 75 Jaycee Park Master Plan/O'Brien Center - 50 - - 500 250 - - - - 800 Red Rocks Improvements 84 84 - - - 1,200 - - - - 1,368 Veteran Memorial Park Electrical Upgrade 35 75 50 - - - - - - - 160 Wheeler Homestead Upgrades 2 13 15 15 5 5 - - - - 55 Wheeler Nature Park 52 - - 75 50 - - - - - 177 Bay Crest Park Playground/Site Improvements 65 - - - 5 - - - - - 70 Dog Park 75 - - - - - - - - - 75 WVPD Construction & Oversight 50 50 50 - - - - - - - 150 Open Space Debt Payment 139 139 139 139 139 139 139 139 139 139 1,394 TOTAL ESTIMATED CIP EXPENDITURES:593 692 410 258 835 1,707 168 173 139 139 5,117 0 The Recreation & Parks Department is responsible for planning for future active and passive recreational needs for the community, including the purchase and development of additional land for parks, expanding and improving facilities and equipment. 0 Signage and Wayfinding includes expenditures which had not been programmed last year, park upgrades and improvements have been added. City of South Burlington Capital Improvement Program FY 2018-2027 PUBLIC HEARING DRAFT 11/18/2016 GENERAL FUND - RECREATION PATHS CAPITAL IMPROVEMENT PROGRAM EXPENDITURES TOTALED BY EXPENDITURE COSTS AND FUNDING SOURCE Department Contact:Justin Rabidoux - Public Works SUMMARY FINANCIALS (in $1,000)FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total: Estimated Costs Subtotaled: Studies, Design, Eng., Inspection, GC, Legal Land/ROW/Easement Acquisition 77 - 394 292 - - - - - - 763 Construction - - - 15 - - - - - - 15 Furniture & Equipment - 558 753 961 1,682 250 - - - - 4,204 - - - - - - - - - - - Total CIP Costs:77 558 1,147 1,268 1,682 250 - - - - 4,982 Funding Sources Subtotaled: General Fund (sourced from Property Taxes)- - - - - 50 - - - - 50 - - Grant/Donation/Developer - - 710 1,134 1,657 200 - - - - 3,701 Bond_Existing - - - - - - - - - - - Bond_Future - - - - - - - - - - - - Highway Impact Fee - - - - - - - - - - - Recreation Impact Fee 77 558 437 134 25 - - - - - 1,230 - - - Trade-In Generated Revenues - - - - - - - - - - - Other - - - - - - - - - - - Total Funding Sources:77 558 1,147 1,268 1,682 250 - - - - 4,982 The Recreation Path projects respond to identified needs to build bicycle and pedestrian infrastructure to extend or connect existing facilities. CCRP recently scoped the Allen Road recreation path, Spear Street Jug Handle Recreation Path, Airport Drive/Prakway Path to Lime Kiln Road, and the Dorset Street Recreation Path between Old Cross Road and Autumn Hill Road. RECREATION PATHS CIP PROJECTS OVERVIEW: City of South Burlington Capital Improvement Program FY 2018-2027 PUBLIC HEARING DRAFT 11/18/2016 GENERAL FUND RECREATION PATHS OVERVIEW BY EXPENDITURE RECREATION PATH CIP PROJECTS OVERVIEW:Total Estimated Revenues: Total Estimated Savings: Department Contact:Justin Rabidoux Changes from FY 2016-2027 CIP: SUMMARY CIP EXPENDITURES (in $1,000)FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total: Kimball Avenue Shared Use Path - - 165 759 396 - - - - - 1,320 Allen Rd. Shared Use Path 51 - 185 - - - - - - - 236 Spear Street Jug Handle Shared Use Path 26 - 104 - - - - - - - 130 S. Dorset Street Shared Use Path - - 104 104 830 - - - - - 1,038 Shelburne Road Ped/Bike Facilities - - 58 289 231 - - - - - 578 Joy Drive - Bike/Ped Facilities - - 17 76 25 - - - - - 118 Airport Drive/Parkway Shared Use Path to Lime Kiln Road - - 186 - - - - - - - 186 Vale to Spear/Swift Streets Path - 558 - - - - - - - - 558 Holiday Inn to Patchen Road; parallel to Williston Road - - 279 - - - - - - - 279 Sidewalk on north side of White St: Patchen to Airport Dr - - 50 40 200 250 - - - - 540 - TOTAL ESTIMATED CIP EXPENDITURES:77 558 1,147 1,268 1,682 250 - - - - 4,982 0 The RECREATION PATH related CIP projects address identified needs in the City's bicycle and pedestrian infrastructure. Bicycle and pedestrian related projects are also located within the Roadways and Sidewalks and City Center portions of the CIP. These projects are new infrastructure that extend or connect existing facilities. Chittenden County Regional Planning Commission will have undertaken scoping on behalf of the City in FY15 for Allen Road recreation path, Spear Street Jug Handle Recreation Path, Airport Drive/Prakway Path to Lime Kiln Road, and the Dorset Street Recreation Path between Old Cross Road and north of Autumn Hill Road. 0 none City of South Burlington Capital Improvement Program FY 2018-2027 PUBLIC HEARING DRAFT 11/18/2016 GENERAL FUND - ROAD AND SIDEWALK IMPROVEMENTS CAPITAL IMPROVEMENT PROGRAM EXPENDITURES TOTALED BY EXPENDITURE COSTS AND FUNDING SOURCE Department Contact:Justin Rabidoux - Public Works SUMMARY FINANCIALS (in $1,000)FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total: Costs Subtotaled: Studies, Design, Eng., Inspection, GC, Legal 50 106 385 765 1,144 400 400 - - - 3,250 Land/ROW/Easement Acquisition - - - - - - - - - - - Construction 48 200 895 142 200 11,117 3,300 - - - 15,902 Furniture & Equipment - - - - - - - - - - - Current Bond Obligations Total CIP Costs:98 306 1,280 907 1,344 11,517 3,700 - - - 19,152 Funding Sources Subtotaled: General Fund (sourced from Property Taxes)- 33 37 - - - - - - - 70 - - - Grant_Donation_Developer Contribution 77 50 1,097 428 879 8,771 3,550 - - - 14,851 Bond_Existing - - - - - - - - - - - Anticipated Bond - - - - - 2,596 - - - - 2,596 - Highway Impact Fee 21 - 146 279 445 150 150 - - - 1,191 Recreation Impact Fee - 23 - 100 - - - - - - 123 - - - Trade-In Generated Revenues - - - - - - - - - - - Other - 200 - 100 20 - - - - - 320 Total Funding Sources:98 306 1,280 907 1,344 11,517 3,700 - - - 19,152 The ROAD and SIDEWALK related CIP projects (not including City Center which are presented seperately) address identified needs to augment or reconstruct the City's Roadway and Sidewalk inventory. It includes short, mid and long range projects generated by transportation studies or development plans. See also Recreation Path and City Center portion of the CIP for additional bicycle and pedestrian related infrastructure. SIDEWALK AND ROADS PROJECTS OVERVIEW: City of South Burlington Capital Improvement Program FY 2018-2027 PUBLIC HEARING DRAFT 11/18/2016 GENERAL FUND ROAD AND SIDEWALK IMPROVEMENTS OVERVIEW BY EXPENDITURE ROAD AND SIDEWALK IMPROVEMENTS CIP PROJECTS OVERVIEW:Total Estimated Revenues: Total Estimated Savings: Department Contact:Justin Rabidoux Changes from FY 2016-2027 CIP: SUMMARY CIP EXPENDITURES (in $1,000)FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total: Hinesburg/Tilley Sidewalk 48 - - - - - - - - - 48 Williston Road Access Management - - - - - - - - - - - Intersection Improvements Airport Parkway-Lime Kiln 50 200 - - - - - - - - 250 Allen Rd. Sidewalks - 33 167 142 - - - - - - 342 Shelburne Rd Crosswalk Imp - 23 93 - - - - - - - 116 Connect Tilley to Community Drive - 50 300 - - - - - - - 350 Van Sicklen-Route 116 Intersection - - 420 - - - - - - - 420 Spear Street Reconstruction - - - 315 325 2,596 - - - - 3,236 Williston Road Improvements - - - 100 369 4,221 - - - - 4,690 Airport Drive Extension - - 300 300 600 4,400 3,400 - - - 9,000 Kimball Avenue/Community Drive Roundabouts - - - 50 50 300 300 - - - 700 - TOTAL ESTIMATED CIP EXPENDITURES:98 306 1,280 907 1,344 11,517 3,700 - - - 19,152 0 The ROAD and SIDEWALK IMPROVEMENTS CIP projects (not including City Center which are presented seperately) address identified facility needs in the City's Roadway and Sidewalk infrastructure. It also includes many long range projects related to transportation studies. See also Recreation Path and City Center portion of the CIP for roadway, bicycle and pedestrian related infrastructure. 0 The Hinesburg Road Sidewalk is anticipated to begin design in the summer of 2016 (earlier then previously listed). City of South Burlington Capital Improvement Program FY 2018-2027 PUBLIC HEARING DRAFT 11/18/2016 GENERAL FUND - ADMINISTRATION CAPITAL IMPROVEMENT PROGRAM EXPENDITURES TOTALED BY EXPENDITURE COSTS AND FUNDING SOURCE Department Contact:Varies, see indiv sheets SUMMARY FINANCIALS (in $1,000)FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total: Estimated Costs Subtotaled: Studies, Design, Engineering, Inspection, GC, Legal - - - - - - - - - - - Land/ROW/Easement Acquisition - - - - - - - - - - - Construction - - 20 20 20 20 20 20 20 20 160 Furniture & Equipment 64 74 47 69 90 84 69 53 81 75 706 - Anticipated Debt Repayment - Debt Repayment - 19 Gregory Fit UP 107 107 107 - - - - - - - 320 Public Art - - - - - - - - - - - Total CIP Costs:171 181 174 89 110 104 89 73 101 95 1,186 Funding Sources Subtotaled: General Fund 69 79 72 89 110 104 89 73 101 95 880 - - - - - - - - - - - Grant_Donation_Developer Contribution - - - - - - - - - - - Bond_Existing - - Bond_Future - - - - - - - - - - - - - - Trade-In Generated Revenues - - - - - - - - - - - 19 Gregory Drive Lease Payment 102 102 102 - - - - - - - 305 Total Funding Sources 171 181 174 89 110 104 89 73 101 95 1,186 CIP PROJECTS OVERVIEW: The Administration portion of the CIP includes the expenses for the fit-up of 19 Gregory, IT costs (excluding Police Station and Library costs which are serviced seperately), City-wide signage and wayfinding, and the Antennae Tower, which serves cross departmental public safety needs. City of South Burlington Capital Improvement Program FY 2018-2027 PUBLIC HEARING DRAFT 11/18/2016 GENERAL FUND ADMINISTRATION OVERVIEW BY EXPENDITURE CIP PROJECTS OVERVIEW:Total Estimated Revenues: Total Estimated Savings: Department Contact: Changes from FY 2016-2027 CIP: SUMMARY CIP EXPENDITURES (in $1,000)FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total: Signage & Wayfinding 15 15 15 15 15 15 15 15 15 15 150 Fit-Up of 2nd Story of 19 Gregory Drive 107 107 107 - - - - - - - 320 Communications Equiptment - 15 - - 25 17 - - - 0 57 IT Hardware 14 14 15 15 15 16 16 16 17 17 155 Servers 20 14 - 21 16 16 17 - 26 19 149 Software 15 16 17 18 19 20 21 22 23 24 195 Public Art - - 20 20 20 20 20 20 20 20 160 TOTAL ESTIMATED CIP EXPENDITURES:171 181 174 89 110 104 89 73 101 95 1,186 ADMINISTRATION includes capital projects related to City Hall. Includes CIP expenditures related to IT, fit-up of 19 Gregory Drive. City of South Burlington Capital Improvement Program FY 2018-2027 PUBLIC HEARING DRAFT 11/18/2016 GENERAL FUND - ONGOING BOND OBLIGATIONS CAPITAL IMPROVEMENT PROGRAM EXPENDITURES TOTALED BY EXPENDITURE COSTS AND FUNDING SOURCE CIP PROJECT:Ongoing Bond Obligations Department Contact: City Manager's Office - Tom Hubbard FINANCIALS (in $1,000)FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total: Estimated Costs: Studies, Design, Engineering, Inspection, GC, Legal - Land/ROW/Easement Acquisition - Construction - Furniture & Equipment - Bond Obligations 431 422 413 403 299 295 291 287 6 2,846 TOTAL ESTIMATED COSTS:431 422 413 403 299 295 291 287 6 - 2,846 Funding Sources: General Fund (sourced from Property Taxes)431 422 413 403 299 295 291 287 6 - 2,846 - Grant/Donation/Developer Contribution - Bond_Existing - Bond_Future - - - - - Trade-In Generated Revenues - Other - TOTAL FUNDING SOURCES:431 422 413 403 299 295 291 287 6 - 2,846 Includes all bond obligations for which there are no other sources of funding. This includes the Public Works Facility (2000), Emergency Communications (2003), Dorset Street Fire Station Improvements (2004), Kennedy Drive (2004), Lime Kiln Bridge Replacement (2004). It excludes the Police Station which has funding sourced from impact fees and local option tax and is shown within the Police Department portion of the Capital Improvement Program. City of South Burlington Capital Improvement Program FY 2018-2027 PUBLIC HEARING DRAFT 11/18/2016 GENERAL FUND - LIBRARY CAPITAL IMPROVEMENT PROGRAM EXPENDITURES TOTALED BY EXPENDITURE COSTS AND FUNDING SOURCE Department Contact:Library-Jennifer Murray SUMMARY FINANCIALS (in $1,000)FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total: Estimated Costs Subtotaled: Studies, Design, Engineering, Inspection, GC, Legal - - - - - - - - - - - Land/ROW/Easement Acquisition - - - - - - - - - - - Construction - - - - - - - - - - - Furniture & Equipment - - 110 - - - - - - - 110 - - - - - - - - - - - - - - - - Total CIP Costs:- - 110 - - - - - - - 110 Funding Sources Subtotaled: General Fund - - 60 - - - - - - - 60 - - - - - - - - - - Grant_Donation_Developer Contribution - - 50 - - - - - - - 50 Bond_Existing - Bond_Future - - - Trade-In Generated Revenues - 19 Gregory Drive Lease Payment - Total Funding Sources - - 110 - - - - - - - 110 Replace the Bookmobile in order to coninue providing library materials to summer camps and special events, and begin delivery to housing for older adults. CIP PROJECTS OVERVIEW: City of South Burlington Capital Improvement Program FY 2018-2027 PUBLIC HEARING DRAFT 11/18/2016 GENERAL FUND LIBRARY OVERVIEW BY EXPENDITURE CIP PROJECTS OVERVIEW:Total Estimated Revenues: Total Estimated Savings: Department Contact: Changes from FY 2016-2027 CIP: SUMMARY CIP EXPENDITURES (in $1,000)FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total: Bookmobile replacement - - 110 - - - - - - - 110 - TOTAL ESTIMATED CIP EXPENDITURES:- - 110 - - - - - - - 110 library -Replace the Bookmobile in order to coninue providing library materials to summer camps and special events, and begin delivery to housing for older adults. City of South Burlington Capital Improvement Program FY 2018-2027 PUBLIC HEARING DRAFT 11/18/2016 GENERAL FUND - CITY CENTER CAPITAL IMPROVEMENT PROGRAM EXPENDITURES TOTALED BY EXPENDITURE COSTS AND FUNDING SOURCE CITY CENTER CIP PROJECTS OVERVIEW: Department Contact: SUMMARY FINANCIALS (in $1,000)Prior Years FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 Reserve (ten- years): Project - all years: Financing (ten-years): Estimated Costs Subtotaled: Studies, Design, Eng., Insp., GC, Legal 2,998 1,916 4,613 2,707 3,143 1,174 339 678 565 - - 18,131 Construction 492 3,275 16,698 20,595 18,449 5,850 1,417 2,875 5,750 - - 75,401 Furniture & Equipment - - - 2,000 - - - - - - - 2,000 City Debt Service - - 264 777 991 1,010 1,055 1,284 1,284 1,284 1,284 9,231 TIF District Debt Service - 103 1,102 2,140 2,699 4,070 4,070 4,070 4,070 4,070 4,070 30,464 To City Center CIP Reserve Fund 2,211 860 860 860 860 860 860 860 860 860 860 10,811 Total Project Costs (Estimated):3,490 5,191 21,311 25,302 21,591 7,024 1,756 3,553 6,315 - - 10,811 95,532 39,696 Funding Sources Subtotaled: General Fund 2,211 860 860 860 860 860 860 860 860 860 860 10,811 City Center CIP Reserve Fund 15 180 224 632 797 807 847 1,081 1,023 1,023 1,023 195 7,458 Grant, Capital Campaign, Developer Contribution 1,458 2,008 5,800 7,214 9,514 - - - - - - 25,994 City Debt Proceeds 170 579 3,548 7,009 2,905 233 566 2,846 - - - 17,857 Highway Impact Fee 904 266 - - - - - - - - - 1,170 Recreation Impact Fee 113 - - - - - - - - - - 113 - Public Facility Impact Fee - - 40 145 194 203 208 203 260 260 260 1,774 - TIF District Financing Proceeds 830 1,858 11,963 11,079 9,172 6,790 1,190 706 6,315 - - 49,903 Other - 300 - - - - - - - - - 300 TIF District Revenues (Increment)- 103 1,102 2,140 2,699 4,070 4,070 4,070 4,070 4,070 4,070 30,464 Total Project Funding:6,061 5,191 21,311 25,302 21,591 7,024 1,756 3,553 6,315 - - 95,532 Total Debt Service:- 103 1,366 2,917 3,690 5,080 5,125 5,354 5,354 5,354 5,354 39,696 Total Reserve Funding Sourced From General Fund:860 860 860 860 860 860 860 860 860 860 10,811 Summary of costs and expenditures for TIF District elibible capital City Center projects including stormwater/wetland impact mitigation. FY18 Funding includes construction of City Center Park Phase 1 and Market Street, continued design for Garden Street and project definition for the Library, Williston Road Streetscape, and pedstrian bridge over I-89 which are to be funded from the City Center CIP Reserve Fund. Project use a combination of TIF Financing, Reserve Funds, Impact fees and anticipated or secured debt. Some grants are included for Market Street (secured) and the pedstrian bridge over I-89 (unsecured). Capital campaigns would also be required for building projects.City Manager's Office/Ilona Blanchard City of South Burlington Capital Improvement Program FY 2018-2027 PUBLIC HEARING DRAFT 11/18/2016 GENERAL FUND CITY CENTER OVERVIEW BY EXPENDITURE CITY CENTER PROJECTS OVERVIEW:Total Estimated Revenues: Total Estimated Savings: Department Contact: Ilona Blanchard Changes from FY 2016-2027 CIP: SUMMARY CIP EXPENDITURES (in $1,000)Prior Years FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total: Market Street 1,400 1,975 3,950 1,981 - - - - - - - 9,306 Garden Street 716 327 3,963 1,400 - 2,695 - - - - - 9,100 City Center Park 785 603 - - - 330 987 - - - - 2,705 Community Recreation Center 9 180 1,494 8,092 7,850 - - - - - - 17,626 City Hall 6 - - - - 259 629 3,163 - - - 4,057 Public Library 460 1,256 5,170 7,448 - - - - - - - 14,334 Williston Road Streetscape 93 321 2,165 1,318 - - - - - - - 3,897 City Center - Parking Garage - - - 170 2,750 2,750 - 390 6,315 - - 12,375 Urban Park & Festival Streets - 300 3,249 813 - - - - - - - 4,362 Stormwater & Wetland Mitigation - - 120 1,100 1,100 990 140 - - - - 3,450 Pedestrian/Bicycle Access at I-89 Exit 14 20 230 1,200 2,979 9,891 - - - - - - 14,320 PROJECT TOTAL EXPENDITURES:3,490 5,191 21,311 25,302 21,591 7,024 1,756 3,553 6,315 - - 95,532 FY 18-27 (Future) Estimated Spending Total:92,042 See City Center Grand Total For Reserve Fund Transfers from the General Fund ($860,000 annually). 0 CITY CENTER: Expenditures are proposed in FY2018 for construction of Market Street (the only project committed to for construction) and City Center Park Phase 1, for design of Garden Street and a Public Library. Intial design work is proposed for the Williston Road Streetscape, a pedestrian/bicycle improvement at exit 14, recreation facilities, and an urban park. Funding is a mixture of reserve funds, impact fees, grants, capital campaigns, and debt proceeds backed by TIF District increment, reserve funds, and impact fees. See the Grand Total CIP page for fund source breakdown. 0 Projects have been rescheduled to correspond with best estimates on available funding and constructability. City of South Burlington Capital Improvement Program FY 2018-2027 PUBLIC HEARING DRAFT 11/18/2016 II.SEWER City of South Burlington Capital Improvement Program FY 2018-2027 PUBLIC HEARING DRAFT 11/18/2016 SEWER CAPITAL IMPROVEMENT PROGRAM EXPENDITURES AGGREGATED BY COSTS AND FUNDING SOURCE CIP PROJECTS OVERVIEW: Department Contact: SUMMARY FINANCIALS (in $1,000)FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total: Costs Subtotaled: Current Bond Payments 1,517 1,517 1,517 1,272 1,272 1,272 1,272 1,272 1,272 1,272 13,456 Studies, Design, Eng., Inspection, GC, Legal 90 140 65 200 300 150 - - - 0 945 Land/ROW/Easement Acquisition 25 25 - - - - - - - - 50 Construction - 1,500 1,900 1,500 220 5,230 12,175 2,175 - - 24,700 Furniture & Equipment (Fleet Purchase)160 65 - - 70 135 80 - 75 - 585 Revolving Loan Repayment (New BB)295 270 245 245 245 245 245 245 245 0 2,280 Total CIP Costs:2,087 3,517 3,727 3,217 2,107 7,032 13,772 3,692 1,592 1,272 42,016 Funding Sources Subtotaled: Colchester portion of Airport Parkway Bond 742 742 742 742 742 742 742 742 742 742 7,423 State Revolving Loan Fund 25 1,500 1,900 1,500 320 2,380 12,175 2,175 - 21,975 Sewer Fund (Raised by Fees)1,320 1,275 1,085 975 1,045 3,910 855 775 850 530 12,618 Total Funding Sources:2,087 3,517 3,727 3,217 2,107 7,032 13,772 3,692 1,592 1,272 42,016 Sewer Capital Expenditures are replacement and maintenance based to keep levels of service consistant, improve the quality of service or reduce maintenance costs from year to year. Capital Expenditures related to Barlett Bay upgrades may include a capacity expansion to meet future demand increases. Justin Rabidoux | Public Works City of South Burlington Capital Improvement Program FY 2018-2027 PUBLIC HEARING DRAFT 11/18/2016 SEWER CAPITAL IMPROVEMENT PROGRAM EXPENDITURE (BY PROJECT) CIP PROJECTS OVERVIEW: Department Contact:Justin Rabidoux Changes from FY 16 SUMMARY CIP EXPENDITURES (in $1,000)FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total: Fleet Replacement 160 65 - - 70 135 80 - 75 - 585 Airport Parkeway Outfall - - - - 220 230 - - - - 450 Bartlett Bay Updgrade 40 40 40 200 200 5,000 10,000 - - - 15,520 Sewer Pump Station SCADA Replacement - - - - - - - - - - - Hinesburg Rd. PS and Dorset St. FM - - - - 100 150 1,675 1,675 - - 3,600 Hadley Area Sewer Divert to BB 370 1,895 1,995 245 245 245 245 245 245 - 5,730 Lane Press Pump Station & Force Main - - - 1,500 - - - - - - 1,500 BBWWTF Phosphorous Limits Study - - 25 - - - - - - - 25 Inflow & Infiltration Reduction - - 150 - - - - - - - 150 Gravity Sleeves - - - - - - 500 500 - - 1,000 - TOTAL ESTIMATED CIP EXPENDITURES:570 2,000 2,210 1,945 835 5,760 12,500 2,420 320 - 28,560 Sewer Capital Expenditures are replacement and maintenance based to keep levels of service consistant, improve service quality or reduce maintenance costs from year to year. Capital Expenditures related to Barlett Bay upgrades may include a capacity expansion to meet future demand increases. None City of South Burlington Capital Improvement Program FY 2018-2027 PUBLIC HEARING DRAFT 11/18/2016 III.STORMWATER City of South Burlington Capital Improvement Program FY 2018-2027 PUBLIC HEARING DRAFT 11/18/2016 STORMWATER CAPITAL IMPROVEMENT PROGRAM EXPENDITURES AGGREGATED BY COSTS AND FUNDING SOURCE CIP PROJECTS OVERVIEW:Department Contact: SUMMARY FINANCIALS (in $1,000)FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total: Costs Subtotaled: Current Note - Studies, Design, Eng., Inspection, GC, Legal - - - - - - - - - - - Land/ROW/Easement Acquisition - - - - - - - - - - - Construction 659 737 833 941 1,063 1,213 1,382 1,576 2,047 2,000 12,451 Furniture & Equipment 160 - - 56 4 306 254 - - - 780 To Reserve Fund 200 110 110 110 110 110 254 150 200 200 1,554 Total Storm Water CIP Costs:1,019 847 943 1,107 1,177 1,629 1,890 1,726 2,247 2,200 14,785 Funding Sources Subtotaled: Reserve Fund 160 - - 56 4 366 254 150 200 200 1,390 Grant_Donation_Developer Contribution 45 45 45 45 45 45 45 45 45 - 404 TIF District Financing - - - - - - - - - - - Trade-In Generated Revenues - - - - - - - - - - - Other-Shelburne Intermunicipal Agreement 80 80 80 80 80 80 80 80 80 80 800 Stormwater Fund (Raised by Stormwater Fees)734 722 818 926 1,048 1,138 1,511 1,451 1,922 1,920 12,191 Total Identified Stormwater Funding Sources:1,019 847 943 1,107 1,177 1,629 1,890 1,726 2,247 2,200 14,785 The Stormwater CIP includes upgrades to the Stormwater management capacity of the City, specialized fleet vehicles used in maintenance operations, and City Center environmental projects (stormwater facilities and wetland mitigation). Funding is a mix of Stormwater Fund (raised by fees), reserve funds, grants and special assessments, and projected TIF District Financing. Justin Rabidoux City of South Burlington Capital Improvement Program FY 2018-2027 PUBLIC HEARING DRAFT 11/18/2016 STORMWATER CAPITAL IMPROVEMENT PROGRAM EXPENDITURE (BY PROJECT) CIP PROJECTS OVERVIEW: Department Contact:Justin Rabidoux Changes from FY 16 CIP: SUMMARY CIP EXPENDITURES (in $1,000)FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total: Fleet Replacement *360 110 110 166 114 416 508 150 200 200 2,334 Stormwater Projects 659 737 833 941 1,063 1,213 1,382 1,576 2,047 2,000 12,451 - TOTAL ESTIMATED CIP EXPENDITURES:1,019 847 943 1,107 1,177 1,629 1,890 1,726 2,247 2,200 14,785 *Excludes transfers to the Fleet Reserve Fund. The Stormwater CIP includes upgrades to the Stormwater management capacity of the City, specialized fleet vehicles used in maintenance operations, and City Center environmental projects (stormwater facilities and wetland mitigation). Funding is a mix of Stormwater Fund (raised by fees), reserve funds, grants and special assessments, and projected TIF District Financing. None City of South Burlington Capital Improvement Program FY 2018-2027 PUBLIC HEARING DRAFT 11/18/2016 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: Kevin Dorn, City Manager South Burlington City Council FROM: Paul Conner, Director of Planning & Zoning Justin Rabidoux, Director of Public Works SUBJECT: Airport Parkway Wastewater Treatment Plant Capacity & Planning Update DATE: November 21, 2016 City Council meeting Staff was invited to provide you with information on capacity, usage, and trends associated with the Airport Parkway Wastewater Treatment Facility (AP). Introduction and Current Status The City’s AP facility is permitted by the State of Vermont as a shared 3.3 million gallon-per-day (MGD) wastewater treatment facility. Of that 3.3 MGD, Colchester owns and is entitled to up to 1.0 MGD. Through a 1992 agreement that was amended in 2013 after the AP upgrade and capacity expansion project, Colchester contributes $740,000 annually to the upgrade project’s annual $1,200,000 debt payments in return for their guaranteed 1.0 MGD capacity. The City continuously tracks wastewater flows and charts it on a daily, monthly, and annual basis for monitoring and permitting purposes. Reliable data in this format dates back to 2001. We also have the ability to track the amount coming from Colchester and review monthly flow levels. In 2016, the average annual flow for AP has been 1.77 MGD. Of that, 1.47 is from South Burlington and 0.3 is from Colchester. Said another way, the total unused capacity for the plant is presently 1.53 MGD. This is a larger number than reported to Council at their February 3, 2014 meeting, which bodes well for our capacity to handle future growth. 0.5 0.7 0.9 1.1 1.3 1.5 1.7 1.9 2.1 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 APWWTF Annual Average Daily MGD 2 Trends, Observations, and Plant Capacity Outlook Looking at a 15-year history of data, the plant has seen an average annual increase in flows of approximately 30,000 gallons per day (GPD), or 1.96% of the current capacity. Of this, about 25,000 is from South Burlington and 5,000 is from Colchester. As with any other long term trend, there are ups and downs within this figure. The chart shows a drop in usage in each of the last three years, in spite of new development in the City. What accounts for growth and drops in wastewater flows year to year? - The single most significant factor in wastewater flows is the number of users. The City’s 25,000 GPD average annual increase over the past tracks pretty closely to the number of housing units added annually in the community (~100-120 to the AP sewer district), combined with new commercial development. - Year to year, rainfall amount also influence the trend. Some amount of rainfall seeps into the treatment system. High rainfall years can bend a year upwards, while low rainfall years (such as 2016) can bend usage downwards - The arc of growth can be bent downwards as a result of conservation measures. We know, for instance, that water use in South Burlington is down 2.8% over the past five years. Low-flow shower heads, more efficient toilets, the public’s focus on general utility conservation measures, and lower lawn watering or car washing can be contributors. What is the long-term trend, and when might the plant reach capacity? Our best estimate for the long-term trend is that usage will continue to increase at a similar rate as it has over the past 15 years. If we look at this as a straight line of 30,000 GPD increase annually, the plant would reach a flow capacity in 2066. South Burlington’s portion of that total capacity (2.3 MGD), using its share of the straight line, would be met around 2049. There are more aggressive ways of looking at this same data, such as an annual percentage increase; under a 1.9% average annual growth, total capacity would be reached around 2049 and South Burlington’s share would be reached around 2039. Under either scenario there appears to be ample hydraulic capacity for at least the next two decades. What factors might affect long-term capacity use? It is staff’s assessment that for the most part, individual development projects are NOT often major drivers of the long-term wastewater use in the City. And so while there are some large projects on the horizon such as the O’Brien Brothers proposal on Old Farm Road, South Village Phase III and Cider Mill Phase II, a look at historical development patterns in South Burlington reveals similarly large projects have always occurred dating back to the 70s and 80s. On the whole, these have tended to even out to a relatively balanced average amount of development in the City. Past large projects have included Cider Mill I, Farrell Street, Quarry Hill Road, Juniper Drive, the Golf Course, and South Village Phase I. There are some factors that may alter historical trends, though: - On the reduction side, continued conservation efforts. The City’s Energy Committee, combined with new technologies, appears to have made a dent in the average water 3 use per household. Continued focused efforts in this area could reveal even more savings. Any such efforts can help to push out the capacity years. - On the increase side, City Center. The community’s efforts to incentivize construction in City Center may lead, at least for a time, to above-average development rates in the City. This could arc the trend upwards. That said, the area’s market absorption rate could result in other housing projects being pushed back a few years if City Center attracts available home buyers/renters in the near future. Conclusions and Next Steps Based on our analysis of current data and trends over the past 15 years, staff is pleased to provide a positive outlook regarding the Airport Parkway Wastewater Treatment Plant’s ongoing capacity. It appears at this time that the need for any capacity upgrades are well into the future, beyond our present capital budgeting timeframe and after the current debt from the AP project retires in 2032. That does not mean to suggest that conservation efforts should be ignored. To the contrary, the great efforts of the Energy Committee and many others have tangible impacts on a daily basis, as the annual operational costs of the plant are driven largely by usage. Every gallon not used is money saved for all ratepayers. A note about phosphorous (P) It is staff’s assessment that in the future, total wastewater flows will actually play a secondary role in determining a plant’s capacity from a regulatory permitting standpoint. Rather, effluent pollutant levels are likely to be a principal factor. Here too, we have very positive news to share. At AP, the P discharge levels have consistently dropped over the past three years due to focused optimization efforts and we are now well below the plant’s permit limit of 0.20 mg/L permitted level (nearly half, in fact). This is good news on two fronts. First, the health of Lake Champlain, and secondly the future of the plant in terms of future permit regulations. * Solid blue line are the actual measured P levels over the last 15 years at AP * Red line represents State permitted limits * Dotted line represents the plant’s trend over 15 years 0.00 0.10 0.20 0.30 0.40 0.50 0.60 0.70 0.80 0.90 1.00 AP Effluent Phosphorus (mg/L)