The URL can be used to link to this page

Home My WebLink AboutAgenda - City Council - 10/19/2015 AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall Conference Room 575 Dorset Street SOUTH BURLINGTON, VERMONT Regular Session 6:30 P.M. October 19, 2015 1. Agenda Review: Additions, deletions or changes in order of agenda items. (6:30 – 6:32 PM) 2. Comments and questions from the public not related to the agenda. (6:32 – 6:42 PM) 3. Announcements and City Manager’s Report. (6:42 – 6:52 PM) 4. Consent Agenda: (6:52 – 6:54 PM) A. *** Sign Disbursements B. *** Approve Minutes for October 5, Council Meeting 5. *** September Financials Tom Hubbard (6:54 – 7:00 PM) 6. *** Second Reading and Public Hearing on proposed amendments to the City of South Burlington Backyard Chicken Ordinance (7:00 – 7:15) Jim Barlow THIS HEARING HAS BEEN PUBLICLY NOTICED. THE TIME CANNOT CHANGE. 7. *** Second Reading and Public Hearing on proposed amendments to the City of South Burlington Ordinance Regarding Licensure and Regulation of Circuses, Carnivals and Other Shows (7:15 - 7:30) Jim Barlow THIS HEARING HAS BEEN PUBLICLY NOTICED. THE TIME CANNOT CHANGE. 8. *** Second Reading and Public Hearing on proposed amendments to the City of South Burlington Ordinance Regulating Conduct in South Burlington Parks (7:30 – 7:45) Jim Barlow THIS HEARING HAS BEEN PUBLICLY NOTICED. THE TIME CANNOT CHANGE. 9. *** Second Reading and Public Hearing on proposed amendments to City of South Burlington Public Indecency Ordinance (7:45 – 8:00) Jim Barlow THIS HEARING HAS BEEN PUBLICLY NOTICED. THE TIME CANNOT CHANGE. 10. *** Second Reading and Public Hearing on proposed amendments to City of South Burlington Public Nuisance Ordinance (8:00 – 8:15) Jim Barlow THIS HEARING HAS BEEN PUBLICLY NOTICED. THE TIME CANNOT CHANGE. 11. Human Resources Investment Plan (HRIP) City Management recommendations – Tom Hubbard (8:15 – 8:35 PM) 12. Fiscal Year 2017 Budget development guidance – Tom Hubbard (8:35 – 9:00 PM) 13. Council discussion on Public Forum on Parking Issues. (9:00 – 9:10 PM) 14. Council discussion of topics raised at Steering Committee meeting. (9:10 – 9:25 PM) 15. Other Business: (9:25 – 9:30 PM) A. Items held from the Consent Agenda 16. Adjourn (9:30 PM) Respectfully Submitted: Kevin Dorn Kevin Dorn, City Manager *** Attachments Included Issues raised by Councilors or the public that have not been on a prior meeting agenda: 1. Policy regarding landscaping City-owned land and request from Hadley Road. 2. Cost of development/cost of open space. 3. Airport noise survey 4. Crosswalk issues generally and on Kennedy Drive 5. Evaluate water billing and rate structure Issues that have been discussed by the Council where further action is pending: 1. East Terrace neighborhood conversion of housing into rental units. 2. Street light policy. 3. Committee reorganization. 4. Encouraging litter removal by businesses and the public. South Burlington City Council Meeting Participation Guidelines City Council meetings are the only time we have to discuss and decide on City matters. We want to be as open and informal as possible; but Council meetings are not town meetings. In an effort to conduct orderly and efficient meetings, we kindly request your cooperation and compliance with the following guidelines. 1. Please be respectful of each other (Council members, staff, and the public). 2. Please raise your hand to be recognized by the Chair. Once recognized please state your name and address. 3. Please address the Chair and not other members of the public, staff, or presenters. 4. Please abide by any time limits that have been set. Time limits will be used to insure everyone is heard and there is sufficient time for the Council to conduct all the business on the agenda. 5. The Chair will make a reasonable effort to allow everyone to speak once before speakers address the Council a second time. 6. The Chair may ask that discussion be limited to the Councilors once the public input has been heard. 7. Please do not interrupt when others are speaking. 8. Please do not repeat the points made by others, except to briefly say whether you agree or disagree with others views. 9. Please use the outside hallway for side conversations. It is difficult to hear speaker remarks when there are other conversations occurring. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. Expenditure Report-September, 2015 General Fund Year-to-Date % Budget FY 2016 Account Budget Expenditures Expended $ (+/-) Paid September Total CITY COUNCIL $289,386.05 $67,801.33 23.43% $221,584.72 $38,381.33 Total ADMINISTRATIVE INSURANCE $3,723,740.48 $918,983.98 24.68% $2,804,756.50 $393,210.36 Total CITY MANAGER $579,821.77 $105,943.30 18.27% $473,878.47 $34,106.27 Total LEGAL, ACCOUNTING, ACTUARY $256,608.60 $65,341.77 25.46% $191,266.83 $46,176.87 Total ADMINISTRATIVE SERVICES $715,970.75 $126,598.33 17.68% $589,372.42 $87,934.37 Total INFORMATION TECHNOLOGY $105,744.15 $32,440.66 30.68% $73,303.49 $12,029.11 Total CITY CLERK $231,661.10 $48,569.12 20.97% $183,091.98 $21,188.22 Total ASSESSING/TAX/FINANCE $238,069.76 $56,740.37 23.83% $181,329.39 $15,319.66 Total PLANNING/DESIGN REVIEW $316,139.44 $55,342.05 17.51% $260,797.39 $21,806.06 Total OPERATING TRANSFERS OUT $543,700.00 $543,700.00 100.00% $0.00 $0.00 Total GENERAL GOVERNMENT EXP. $7,000,842.10 $2,021,460.91 28.87% $4,979,381.19 $670,152.25 Total FIRE DEPARTMENT $2,492,657.04 $647,309.89 25.97% $1,845,347.15 $208,458.70 Total AMBULANCE $715,713.27 $172,162.35 24.05% $543,550.92 $76,676.58 Total POLICE DEPARTMENT $4,626,630.00 $941,263.67 20.34% $3,685,366.33 $366,545.52 Total PUBLIC SAFETY $7,835,000.31 $1,760,735.91 70.36% $6,074,264.40 $651,680.80 Total OPERATING TRANSFERS OUT $692,489.06 $615,929.00 88.94% $76,560.06 $0.00 Total HIGHWAY DEPARTMENT $2,204,753.91 $386,582.38 17.53% $1,818,171.53 $154,189.50 Total RECREATION ADMINISTRATION $250,384.98 $69,678.55 27.83% $180,706.43 $30,682.30 Total PROGRAMS $48,730.00 $17,655.56 36.23% $31,074.44 $4,670.37 Total FACILITIES $91,017.74 $15,088.11 16.58% $75,929.63 $2,453.05 Total LEISURE ARTS $3,600.00 $0.00 0.00% $3,600.00 $0.00 Total SPECIAL ACTIVITIES $118,300.00 $7,594.39 6.42% $110,705.61 $7,323.07 Total COMMUNITY LIBRARY $451,707.42 $78,247.21 17.32% $373,460.21 $31,884.36 Total CAPITAL/PARK MAINTENANCE $207,780.79 $58,039.05 27.93% $149,741.74 $18,643.49 Total CULTURE AND RECREATION $1,171,520.93 $246,302.87 21.02% $925,218.06 $95,656.64 Total OTHER OPERATING ENTITIES $668,025.00 $319,447.22 47.82% $348,577.78 $217,101.61 Total CURRENT PRINCIPAL $796,512.00 $533,589.00 66.99% $262,923.00 $533,589.00 Total CURRENT INTEREST $784,001.93 $151,740.28 19.35% $632,261.65 $151,740.28 Total All Funds $21,153,145.24 $6,035,787.57 28.53% $15,117,357.67 $2,474,110.08 Expenditure Report-September, 2015 General Fund Year-to-Date % Budget FY 2016 Account Budget Expenditures Expended $ (+/-) Paid September GENERAL GOVERNMENT EXP. CITY COUNCIL General Expenses $1,500.00 $541.33 36.09% $958.67 $541.33 Housing Trust $50,000.00 $0.00 0.00% $50,000.00 $0.00 Designated Reserve $155,724.05 $0.00 0.00% $155,724.05 $0.00 Advertising $1,000.00 $298.00 29.80% $702.00 $0.00 G.B.I.C. $5,000.00 $0.00 0.00% $5,000.00 $0.00 V.L.C.T. $19,982.00 $19,982.00 100.00% $0.00 $0.00 Chamber of Commerce $3,600.00 $0.00 0.00% $3,600.00 $0.00 Social Services $37,840.00 $37,840.00 100.00% $0.00 $37,840.00 CCTV-Clickable Meetings $5,000.00 $5,000.00 100.00% $0.00 $0.00 Councilors $5,480.00 $0.00 0.00% $5,480.00 $0.00 Liquor Control $300.00 $0.00 0.00% $300.00 $0.00 Front Porch Forum $3,960.00 $4,140.00 104.55% ($180.00) $0.00 Total CITY COUNCIL $289,386.05 $67,801.33 23.43% $221,584.72 $38,381.33 ADMINISTRATIVE INSURANCE Payment to Sickbank Fund $125,000.00 $0.00 0.00% $125,000.00 $0.00 Fringe Benefits $17,995.00 $8,080.36 44.90% $9,914.64 $552.38 FICA/Medicare $11,866.86 $0.00 0.00% $11,866.86 $0.00 Non-Taxable Fringe Benefi $0.00 $8,622.00 100.00% ($8,622.00) $4,572.00 Vision Plan $12,960.89 $2,966.15 22.89% $9,994.74 $987.18 Short Term Disability Pla $16,402.72 $3,685.44 22.47% $12,717.28 $1,228.48 Long Term Disability $1,560.00 $0.00 0.00% $1,560.00 $0.00 Group Health Insurance $1,575,261.28 $356,276.74 22.62% $1,218,984.54 $118,158.45 Health Sick Bank $71,000.00 $696.11 0.98% $70,303.89 $60.84 Group Life Insurance $14,208.00 $6,986.75 49.17% $7,221.25 $2,361.25 Group Dental Insurance $108,160.23 $27,084.21 25.04% $81,076.02 $9,156.43 Dental Sick Bank $0.00 $513.59 100.00% ($513.59) $513.59 Pension $640,155.72 $17,483.01 2.73% $622,672.71 $17,483.01 ICMA Match $136,571.49 $23,026.40 16.86% $113,545.09 $7,510.56 Workers Comp Insurance $541,615.93 $254,490.30 46.99% $287,125.63 $127,245.15 Property Insurance $406,362.36 $205,559.08 50.59% $200,803.28 $103,381.04 VLCT Unemployment Insuran $12,500.00 $2,327.37 18.62% $10,172.63 $0.00 Deductibles/Coinsurance $15,000.00 $1,186.47 7.91% $13,813.53 $0.00 Employee Payouts $17,120.00 $0.00 0.00% $17,120.00 $0.00 Total ADMINISTRATIVE INSURANCE $3,723,740.48 $918,983.98 24.68% $2,804,756.50 $393,210.36 CITY MANAGER City Mgr.Salaries-Perm. $418,786.43 $93,432.32 22.31% $325,354.11 $33,049.61 City Mgr.Salaries-Other $3,028.96 $0.00 0.00% $3,028.96 $0.00 Leave Time Turn-In $8,222.00 $0.00 0.00% $8,222.00 $0.00 FICA/Medicare $32,684.38 $7,532.32 23.05% $25,152.06 $2,712.86 Office Supplies $4,500.00 $1,439.18 31.98% $3,060.82 $1,088.23 Advertising $4,000.00 $126.00 3.15% $3,874.00 $0.00 Telephone $4,200.00 $1,451.00 34.55% $2,749.00 $787.40 Postage $3,900.00 $0.00 0.00% $3,900.00 $0.00 Dues and Subscriptions $3,500.00 $107.20 3.06% $3,392.80 $38.60 Printing $4,000.00 $893.52 22.34% $3,106.48 $461.38 Expenditure Report-September, 2015 General Fund Year-to-Date % Budget FY 2016 Account Budget Expenditures Expended $ (+/-) Paid September Consulting Fees $85,000.00 $184.50 0.22% $84,815.50 $184.50 Equip/Mntnce Contracts-So $0.00 $91.66 100.00% ($91.66) $91.66 Travel & Training $8,000.00 $685.60 8.57% $7,314.40 $264.03 Furniture $0.00 $0.00 0.00% $0.00 ($4,572.00) Total CITY MANAGER $579,821.77 $105,943.30 18.27% $473,878.47 $34,106.27 LEGAL, ACCOUNTING, ACTUARY FICA/Medicare $6,765.04 $0.00 0.00% $6,765.04 $0.00 Dues and Subscriptions $2,940.00 $490.00 16.67% $2,450.00 $245.00 Hiring-required testing $0.00 $183.00 100.00% ($183.00) $0.00 Payroll Processing Fees $18,800.00 $2,513.66 13.37% $16,286.34 $1,203.36 Appeals/Abatements $10,000.00 $13,279.50 132.80% ($3,279.50) $13,279.50 Gen Govt. Actuaries/Pensi $20,000.00 $0.00 0.00% $20,000.00 $0.00 Gen Govt. Audit/Accountin $22,000.00 $19,500.00 88.64% $2,500.00 $14,300.00 Legal/Labor/Suits $85,000.00 $265.00 0.31% $84,735.00 $0.00 Legal Costs $91,103.56 $29,110.61 31.95% $61,992.95 $17,149.01 Total LEGAL, ACCOUNTING, ACTUARY $256,608.60 $65,341.77 25.46% $191,266.83 $46,176.87 ADMINSTRATIVE SERVICES Muni Bld Cleaning Supplie $1,500.00 $230.00 15.33% $1,270.00 $230.00 Office Equipment Fees $9,000.00 $2,115.00 23.50% $6,885.00 $0.00 Muni Bld Cleaning Service $24,000.00 $5,801.58 24.17% $18,198.42 $3,623.11 City Hall Maintenance $25,000.00 $17,008.06 68.03% $7,991.94 $2,826.04 Contingency Fund-Infrastr $150,000.00 $423.64 0.28% $149,576.36 ($7,433.00) HVAC Maintenance $1,334.88 $0.00 0.00% $1,334.88 $0.00 Positive Pay Fee $800.00 $195.04 24.38% $604.96 $65.28 Electricity-City Hall $20,000.00 $2,252.12 11.26% $17,747.88 $1,684.17 Utilities-City Hall $24,000.00 $1,180.43 4.92% $22,819.57 $582.57 Street Lights $140,000.00 $19,758.09 14.11% $120,241.91 $11,293.20 Stormwater User Rent $289,981.44 $74,398.77 25.66% $215,582.67 $73,842.84 Urban Art Project Park $3,000.00 $0.00 0.00% $3,000.00 $0.00 Emergency Mgmt Center $1,500.00 $0.00 0.00% $1,500.00 $0.00 Generator Prevent Maint. $1,000.00 $0.00 0.00% $1,000.00 $0.00 Council/Board Secretary $8,827.30 $3,235.60 36.65% $5,591.70 $1,220.16 Support Staff $16,027.13 $0.00 0.00% $16,027.13 $0.00 Total ADMINISTRATIVE SERVICES $715,970.75 $126,598.33 17.68% $589,372.42 $87,934.37 INFORMATION TECHNOLOGY IT Staff $46,958.37 $10,221.92 21.77% $36,736.45 $3,524.80 FICA/Medicare $3,385.78 $780.46 23.05% $2,605.32 $269.16 Computer Software $12,000.00 $2,817.09 23.48% $9,182.91 $2,024.75 Assess digital integratio $5,000.00 $3,718.00 74.36% $1,282.00 $43.00 Computer Hardware $33,400.00 $13,413.61 40.16% $19,986.39 $5,332.68 IT Service $5,000.00 $1,489.58 29.79% $3,510.42 $834.72 Total INFORMATION TECHNOLOGY $105,744.15 $32,440.66 30.68% $73,303.49 $12,029.11 CITY CLERK City Clerk Salaries-Perm. $173,292.74 $37,652.98 21.73% $135,639.76 $14,543.61 Expenditure Report-September, 2015 General Fund Year-to-Date % Budget FY 2016 Account Budget Expenditures Expended $ (+/-) Paid September Leave Time Turn-In $5,620.00 $0.00 0.00% $5,620.00 $0.00 Overtime $1,000.00 $62.21 6.22% $937.79 $17.77 FICA/Medicare $13,180.36 $2,973.74 22.56% $10,206.62 $1,143.73 General Supplies $2,500.00 $720.58 28.82% $1,779.42 $568.01 Animal Control $5,570.00 $686.00 12.32% $4,884.00 $686.00 Election Expenses $7,250.00 $0.00 0.00% $7,250.00 $0.00 School Election Expenses $1,500.00 $0.00 0.00% $1,500.00 $0.00 Telephone $700.00 $59.66 8.52% $640.34 $19.94 Postage $2,200.00 $0.00 0.00% $2,200.00 $0.00 Dues and Subscriptions $300.00 $280.00 93.33% $20.00 $125.00 Printing $375.00 $0.00 0.00% $375.00 $0.00 Contractual Services $4,000.00 $3,123.50 78.09% $876.50 $3,123.50 Board of Civil Authority $2,200.00 $0.00 0.00% $2,200.00 $0.00 Election Workers $2,000.00 $0.00 0.00% $2,000.00 $0.00 BCA Appeals/Abatements $1,500.00 $0.00 0.00% $1,500.00 $0.00 Office Equip Maintenance $2,273.00 $1,655.14 72.82% $617.86 $91.66 Travel & Training $4,700.00 $984.94 20.96% $3,715.06 $620.06 Photocopier Lease Prin $1,500.00 $370.37 24.69% $1,129.63 $248.94 Total CITY CLERK $231,661.10 $48,569.12 20.97% $183,091.98 $21,188.22 ASSESSING/TAX Assessing/Tax Sal.-Perm. $203,350.93 $44,085.11 21.68% $159,265.82 $15,328.00 Overtime $200.00 $158.04 79.02% $41.96 $0.00 FICA/Medicare $15,556.35 $3,561.67 22.90% $11,994.68 $1,232.48 Office Supplies $1,834.10 $846.35 46.15% $987.75 $675.34 Tax Sales Advertising $1,936.50 $0.00 0.00% $1,936.50 $0.00 Telephone $301.88 $25.71 8.52% $276.17 $8.59 Postage $5,500.00 $3,067.00 55.76% $2,433.00 $0.00 Dues and Memberships $590.00 $240.00 40.68% $350.00 $0.00 Printing $3,500.00 $3,481.49 99.47% $18.51 $0.00 NEMRC/APEX $1,300.00 $625.00 48.08% $675.00 ($1,924.75) Travel & Training $4,000.00 $650.00 16.25% $3,350.00 $0.00 Total ASSESSING/TAX $238,069.76 $56,740.37 23.83% $181,329.39 $15,319.66 PLANNING/DESIGN REVIEW Planning Salaries-Perm. $224,088.78 $47,284.18 21.10% $176,804.60 $16,886.41 Planning Salaries-Other $7,444.09 $0.00 0.00% $7,444.09 $0.00 Leave Time Turn-In $3,000.00 $0.00 0.00% $3,000.00 $0.00 Overtime $6,300.00 $876.75 13.92% $5,423.25 $315.93 FICA/Medicare $17,706.57 $3,648.36 20.60% $14,058.21 $1,304.05 Office Supplies $4,000.00 $83.70 2.09% $3,916.30 $100.41 Public Meeting Advertisin $4,000.00 $1,488.60 37.22% $2,511.40 $1,415.40 Telephone $750.00 $63.91 8.52% $686.09 $21.36 Postage $1,250.00 $0.00 0.00% $1,250.00 $0.00 Dues and Subscriptions $1,200.00 $0.00 0.00% $1,200.00 $0.00 Document Printing $2,000.00 $0.00 0.00% $2,000.00 $0.00 Maps $500.00 $0.00 0.00% $500.00 $0.00 Consultants $27,000.00 $1,762.50 6.53% $25,237.50 $1,762.50 Committee Support $2,900.00 $0.00 0.00% $2,900.00 $0.00 PC/DRB Stipends $8,500.00 $0.00 0.00% $8,500.00 $0.00 Expenditure Report-September, 2015 General Fund Year-to-Date % Budget FY 2016 Account Budget Expenditures Expended $ (+/-) Paid September Travel & Training $5,500.00 $134.05 2.44% $5,365.95 $0.00 Total PLANNING/DESIGN REVIEW $316,139.44 $55,342.05 17.51% $260,797.39 $21,806.06 OPERATING TRANSFERS OUT Ambulance Department $155,000.00 $155,000.00 100.00% $0.00 $0.00 Fuel Pump Reserve Fund $8,200.00 $8,200.00 100.00% $0.00 $0.00 Open Space Reserve Fund $285,000.00 $285,000.00 100.00% $0.00 $0.00 Reappraisal Fund $95,500.00 $95,500.00 100.00% $0.00 $0.00 Total OPERATING TRANSFERS OUT $543,700.00 $543,700.00 100.00% $0.00 $0.00 Total GENERAL GOVERNMENT EXP. $7,000,842.10 $2,021,460.91 28.87% $4,979,381.19 $670,152.25 PUBLIC SAFETY FIRE DEPARTMENT Fire Salaries-Permanent $1,443,739.99 $276,825.72 19.17% $1,166,914.27 $95,283.27 Fire Salaries-On Call $2,500.00 $564.95 22.60% $1,935.05 $564.95 Holiday Pay $166,540.00 $58,436.07 35.09% $108,103.93 $30,289.52 Fair Labor Standard O/T $80,000.00 $1,550.04 1.94% $78,449.96 $147.72 F/D Overtime - Fill-In $65,000.00 $41,131.29 63.28% $23,868.71 $17,236.18 F/D Overtime - Training $35,000.00 $14,126.80 40.36% $20,873.20 $1,734.91 F/D Overtime - Emerg Call $7,000.00 $10,679.36 152.56% ($3,679.36) $4,740.92 Wellness/Fitness $10,500.00 $0.00 0.00% $10,500.00 $0.00 Fire-Off Duty Outside Emp $3,000.00 $1,080.00 36.00% $1,920.00 $120.00 FICA/Medicare $126,440.97 $32,072.30 25.37% $94,368.67 $11,800.96 Office Supplies $2,000.00 $1,180.30 59.02% $819.70 $500.16 Oxygen $0.00 $101.26 100.00% ($101.26) $101.26 Vaccinations-HEP $1,000.00 $0.00 0.00% $1,000.00 $0.00 REHAB Supplies $300.00 $57.40 19.13% $242.60 $14.95 Station Operating Supply $4,500.00 $1,131.41 25.14% $3,368.59 $1,046.14 Maintenance Tools $420.00 $75.92 18.08% $344.08 $51.92 Uniforms-Career $13,000.00 $10,786.42 82.97% $2,213.58 $10,786.42 Firefighting Clothing $6,000.00 $4,473.25 74.55% $1,526.75 $3,997.73 Vehicle Tools $1,000.00 $1,037.65 103.77% ($37.65) $666.88 Gas Chief's vehicle & rei $2,800.00 $668.26 23.87% $2,131.74 ($1,173.59) Diesel Fuel $29,000.00 $4,392.19 15.15% $24,607.81 $2,628.21 Oil $600.00 $0.00 0.00% $600.00 $0.00 Films and Books $1,100.00 $20.33 1.85% $1,079.67 $20.33 Fire Prevention Materials $3,000.00 $78.48 2.62% $2,921.52 $78.48 Fire Extinguishers $600.00 $0.00 0.00% $600.00 $0.00 Airpacks Maintenance $5,500.00 $198.02 3.60% $5,301.98 $198.02 Telephone $14,000.00 $3,753.09 26.81% $10,246.91 $2,485.38 Postage-Tool Shipping $450.00 $0.00 0.00% $450.00 $0.00 Dues and Subscriptions $1,350.00 $593.00 43.93% $757.00 $214.00 Contractural Services $0.00 $81.27 100.00% ($81.27) $81.27 Fire Station Maintenance $23,597.08 $5,189.99 21.99% $18,407.09 $3,614.47 Laundry and Bedding $900.00 $19.30 2.14% $880.70 $19.30 Radio Repair $2,500.00 $480.00 19.20% $2,020.00 $480.00 Vehicle Maintenance $8,000.00 $7,627.93 95.35% $372.07 $6,335.45 Vehicle Repair $13,000.00 $4,830.36 37.16% $8,169.64 $2,683.91 Equipment R & M $4,000.00 $941.30 23.53% $3,058.70 $941.30 Expenditure Report-September, 2015 General Fund Year-to-Date % Budget FY 2016 Account Budget Expenditures Expended $ (+/-) Paid September Truck Tires $6,000.00 $729.96 12.17% $5,270.04 $729.96 Computers Contract ACS $2,500.00 $2,484.77 99.39% $15.23 $91.67 Public Safety Equipment $155,000.00 $0.00 0.00% $155,000.00 $0.00 Conferences $1,500.00 $0.00 0.00% $1,500.00 $0.00 Training Schools $4,000.00 $434.33 10.86% $3,565.67 $260.00 Training - CPR/Other $0.00 $21.39 100.00% ($21.39) $21.39 Training Equipment $750.00 $0.00 0.00% $750.00 $0.00 Recruiting & Testing $1,000.00 $0.00 0.00% $1,000.00 $0.00 Fire Station #2 Heat/Elec $12,500.00 $3,153.50 25.23% $9,346.50 $2,067.69 Fire Safety Equipment $57,500.00 $0.00 0.00% $57,500.00 $0.00 F/D Furniture/Equipment $2,500.00 $0.00 0.00% $2,500.00 $0.00 Fire Truck Fit-Up $12,000.00 $0.00 0.00% $12,000.00 $0.00 Firefighting Equipment-ho $10,000.00 $7,908.47 79.08% $2,091.53 $7,597.57 Note on Quint Fire Truck $149,069.00 $148,393.81 99.55% $675.19 $0.00 Total FIRE DEPARTMENT $2,492,657.04 $647,309.89 25.97% $1,845,347.15 $208,458.70 AMBULANCE Permanent Salaries $360,495.52 $68,413.74 18.98% $292,081.78 $35,483.30 EMT Pay $79,426.41 $37,406.46 47.10% $42,019.95 $7,203.11 Holiday Pay $45,420.00 $14,615.03 32.18% $30,804.97 $9,375.90 Fair Labor Standard OT $32,547.06 $5,368.38 16.49% $27,178.68 $1,031.31 Overtime Fill-In $20,000.00 $8,409.35 42.05% $11,590.65 $3,428.82 Overtime - Training $15,000.00 $5,120.21 34.13% $9,879.79 $414.87 Overtime - Emergency Call $5,000.00 ($1,027.45) -20.55% $6,027.45 $1,728.40 Wellness $4,800.00 $0.00 0.00% $4,800.00 $0.00 FICA/MEDI $32,724.28 $9,727.24 29.72% $22,997.04 $4,232.53 Doctor Service Stipend $2,400.00 $0.00 0.00% $2,400.00 $0.00 Office Supplies $2,000.00 $206.36 10.32% $1,793.64 $0.00 Medical Supplies-Disposab $23,500.00 $7,229.81 30.77% $16,270.19 $3,838.72 Medical Supplies-Oxygen $4,000.00 $720.76 18.02% $3,279.24 $524.47 Medical Equipment Replace $5,000.00 $2,521.63 50.43% $2,478.37 $1,317.75 Uniforms-Career $7,000.00 $1,049.05 14.99% $5,950.95 $621.55 Diesel Fuel $7,800.00 $1,192.15 15.28% $6,607.85 $308.53 Training Films and Books $750.00 $335.20 44.69% $414.80 $335.20 Telephone $3,000.00 $1,409.30 46.98% $1,590.70 $939.92 Billing Postage $3,000.00 $0.00 0.00% $3,000.00 $0.00 Dues & Subscriptions $500.00 $120.00 24.00% $380.00 $0.00 Radio Repair $1,750.00 $0.00 0.00% $1,750.00 $0.00 Vehicle Maintenance $2,500.00 $3,517.50 140.70% ($1,017.50) $2,742.50 Vehicle Repair $3,000.00 $176.39 5.88% $2,823.61 $0.00 Equipment R&M $1,250.00 $330.76 26.46% $919.24 $330.76 Office Equip Maintenance $350.00 $91.67 26.19% $258.33 $91.67 Billing Software/Upgrades $4,000.00 $2,501.54 62.54% $1,498.46 $0.00 Med Equipment Maintenance $1,000.00 $0.00 0.00% $1,000.00 $0.00 Training Programs $6,000.00 $0.00 0.00% $6,000.00 $0.00 Training Equipment $500.00 $0.00 0.00% $500.00 $0.00 To Reserve Fund-Training $10,000.00 $0.00 0.00% $10,000.00 $0.00 EMS Patient Care Discript $31,000.00 $2,727.27 8.80% $28,272.73 $2,727.27 Total AMBULANCE $715,713.27 $172,162.35 24.05% $543,550.92 $76,676.58 Expenditure Report-September, 2015 General Fund Year-to-Date % Budget FY 2016 Account Budget Expenditures Expended $ (+/-) Paid September POLICE DEPARTMENT Police Salaries-Permanent $3,013,206.89 $618,231.29 20.52% $2,394,975.60 $224,743.75 Police Salaries-Other $0.00 $2,772.65 100.00% ($2,772.65) $842.02 Police Salaries-Overtime $220,000.00 $69,228.91 31.47% $150,771.09 $20,285.69 Holiday Pay $277,919.82 $53,236.47 19.16% $224,683.35 $19,240.40 Automatic Corporal $7,470.92 $0.00 0.00% $7,470.92 $0.00 Shift Differential $63,432.16 $11,595.09 18.28% $51,837.07 $3,817.72 Off-Duty Police Salary $22,000.00 $1,020.00 4.64% $20,980.00 $120.00 Fitness $27,300.00 $0.00 0.00% $27,300.00 $0.00 FICA/Medicare $256,432.16 $58,186.63 22.69% $198,245.53 $20,612.26 Office Supplies $11,000.00 $2,746.96 24.97% $8,253.04 $1,865.12 Range Supplies $12,800.00 $9,062.70 70.80% $3,737.30 $8,765.73 Radio Equipment-Supplies $800.00 $0.00 0.00% $800.00 $0.00 Investigative Supplies $8,120.00 $1,962.04 24.16% $6,157.96 $1,659.69 Youth Services Supplies $6,000.00 $0.00 0.00% $6,000.00 $0.00 Traffic Unit Supplies $2,000.00 $267.21 13.36% $1,732.79 $0.00 K-9 Supplies $4,000.00 $276.42 6.91% $3,723.58 $126.42 Janitorial Supplies $2,800.00 $981.96 35.07% $1,818.04 $306.52 Uniform Supplies $37,000.00 $7,855.24 21.23% $29,144.76 $3,293.15 Tires $10,200.00 $0.00 0.00% $10,200.00 $0.00 Gas and Oil $76,000.00 $11,711.95 15.41% $64,288.05 $5,135.76 Telephone $29,000.00 $4,615.34 15.91% $24,384.66 $1,187.64 Postage $2,800.00 $349.08 12.47% $2,450.92 $317.70 Dues and Subscriptions $2,300.00 $1,025.00 44.57% $1,275.00 $0.00 Towing Services $1,000.00 $175.00 17.50% $825.00 $175.00 Crime Prevention Supplies $4,500.00 $0.00 0.00% $4,500.00 $0.00 Building Repairs $3,500.00 $0.00 0.00% $3,500.00 $0.00 Building Maintenance $7,000.00 $3,229.26 46.13% $3,770.74 $470.26 3rd Floor Lease $24,526.90 $0.00 0.00% $24,526.90 $0.00 Uniform Cleaning $17,000.00 $1,912.50 11.25% $15,087.50 $941.50 Office Equip. Contract $5,000.00 $4,972.07 99.44% $27.93 $572.73 Generator Prevent Maint $700.00 $0.00 0.00% $700.00 $0.00 Radio Equip. Maintenance $11,000.00 $1,955.50 17.78% $9,044.50 $907.50 Vehicle Repair $44,000.00 $10,114.67 22.99% $33,885.33 $5,340.68 Computer Connections Syst $14,500.00 $2,000.00 13.79% $12,500.00 $2,000.00 Equipment Maintenance $3,000.00 $0.00 0.00% $3,000.00 $0.00 Records Management System $10,000.00 $0.00 0.00% $10,000.00 $0.00 Consulting Services $6,840.00 $1,200.00 17.54% $5,640.00 $1,200.00 Tower Lease $300.00 $300.00 100.00% $0.00 $300.00 Animal Control Contracts $7,901.15 $75.04 0.95% $7,826.11 $0.00 Conferences $6,600.00 $636.18 9.64% $5,963.82 $528.70 In-Service Training $25,000.00 $2,204.23 8.82% $22,795.77 $681.76 Recruiting & Testing $2,500.00 $50.00 2.00% $2,450.00 $50.00 Tuition Reimbursement $3,400.00 $0.00 0.00% $3,400.00 $0.00 Electric-Police Dept. $36,000.00 $5,607.17 15.58% $30,392.83 $4,102.32 Heat/Hot Water $7,000.00 $289.52 4.14% $6,710.48 $240.91 Radio Installation Utilit $500.00 $26.70 5.34% $473.30 $26.70 Building Common Area Fees $50,000.00 $16,256.55 32.51% $33,743.45 $16,256.55 Cleaning/Building Service $34,200.00 $8,086.00 23.64% $26,114.00 $2,488.00 Vehicles and Equipment $49,000.00 $0.00 0.00% $49,000.00 $0.00 Radio Equipment $21,000.00 $0.00 0.00% $21,000.00 $0.00 Taser Replacement $9,080.00 $9,105.00 100.28% ($25.00) $0.00 Expenditure Report-September, 2015 General Fund Year-to-Date % Budget FY 2016 Account Budget Expenditures Expended $ (+/-) Paid September Police Computerization $129,000.00 $17,943.34 13.91% $111,056.66 $17,943.34 Total POLICE DEPARTMENT $4,626,630.00 $941,263.67 20.34% $3,685,366.33 $366,545.52 Total PUBLIC SAFETY $7,835,000.31 $1,760,735.91 22.47% $6,074,264.40 $651,680.80 OPERATING TRANSFERS OUT To undesignated reserve f $76,560.06 $0.00 0.00% $76,560.06 $0.00 To Capital Improvements $615,929.00 $615,929.00 100.00% $0.00 $0.00 Total OPERATING TRANSFERS OUT $692,489.06 $615,929.00 88.94% $76,560.06 $0.00 STREETS & HIGHWAYS HIGHWAY DEPARTMENT Highway Salaries-Perm. $704,617.86 $162,109.81 23.01% $542,508.05 $56,470.77 Highway Salaries-Overtime $26,823.08 $3,399.32 12.67% $23,423.76 $1,011.94 FICA/Medicare $53,225.42 $11,376.29 21.37% $41,849.13 $4,479.43 Office Supplies $2,000.00 $662.59 33.13% $1,337.41 $195.99 Traffic Light Supplies $22,500.00 $14,451.70 64.23% $8,048.30 $13,911.75 Sign Supplies $5,500.00 $3,123.29 56.79% $2,376.71 $2,200.99 City Highways Material $35,000.00 $5,505.21 15.73% $29,494.79 $3,975.57 Road Striping $12,000.00 $3,538.50 29.49% $8,461.50 $1,121.31 Winter Salt $110,000.00 $0.00 0.00% $110,000.00 $0.00 Winter Sand $700.00 $0.00 0.00% $700.00 $0.00 Winter Liquid Deicer Addi $15,000.00 $0.00 0.00% $15,000.00 $0.00 Building Supplies $1,750.00 $796.32 45.50% $953.68 $403.91 Uniforms $20,364.75 $3,803.46 18.68% $16,561.29 $1,719.61 Vehicle Repair Parts $85,000.00 $30,276.41 35.62% $54,723.59 $15,712.77 School Bus Parts $32,500.00 $24,766.10 76.20% $7,733.90 $9,925.48 Gasoline $27,500.00 $3,920.09 14.25% $23,579.91 $1,848.33 Oil $8,000.00 $731.12 9.14% $7,268.88 ($359.22) Diesel Fuel $65,000.00 ($378.00) -0.58% $65,378.00 $3,902.31 Diesel/Gasoline Non City $175,000.00 $21,019.85 12.01% $153,980.15 $10,576.92 Fuel Station Maintenance $0.00 $1,488.01 100.00% ($1,488.01) $1,488.01 Advertising $1,500.00 $1,500.00 100.00% $0.00 $0.00 Telephone/Internet $8,800.00 $2,419.08 27.49% $6,380.92 $942.93 Building Maintenance $30,000.00 $6,577.42 21.92% $23,422.58 $3,816.29 HVAC Maintenance $3,872.80 $869.00 22.44% $3,003.80 $869.00 Generator Prevent Maint $700.00 $0.00 0.00% $700.00 $0.00 Tree Care $8,000.00 $2,050.00 25.63% $5,950.00 $2,050.00 Consulting Services $20,000.00 $392.50 1.96% $19,607.50 $392.50 Equipment Rental/Purchase $2,500.00 $91.67 3.67% $2,408.33 $91.67 Office Equipment Maintnce $1,500.00 $473.88 31.59% $1,026.12 $0.00 Travel & Training $5,400.00 $477.00 8.83% $4,923.00 $54.00 Utilities - Garage $18,000.00 $3,028.44 16.82% $14,971.56 $1,520.65 Utilities-Garage Heat $17,000.00 $652.39 3.84% $16,347.61 $425.61 Traffic Lights $40,000.00 $4,462.28 11.16% $35,537.72 $2,100.33 Vehicle Replacement $60,000.00 $59,658.00 99.43% $342.00 $0.00 Highway Paving $575,000.00 $12,278.15 2.14% $562,721.85 $12,278.15 Curbs and Sidewalks $10,000.00 $1,062.50 10.63% $8,937.50 $1,062.50 Total HIGHWAY DEPARTMENT $2,204,753.91 $386,582.38 17.53% $1,818,171.53 $154,189.50 Expenditure Report-September, 2015 General Fund Year-to-Date % Budget FY 2016 Account Budget Expenditures Expended $ (+/-) Paid September Total STREETS & HIGHWAYS $2,204,753.91 $386,582.38 17.53% $1,818,171.53 $154,189.50 CULTURE AND RECREATION RECREATION ADMINISTRATION Rec.Admin.Salaries-Perm. $207,291.31 $48,849.23 23.57% $158,442.08 $17,215.59 Leave Time Turn-In $5,994.00 $652.07 10.88% $5,341.93 $652.07 Overtime $0.00 $2,558.29 100.00% ($2,558.29) $690.72 Taxable Fringe Benefits $0.00 $80.00 100.00% ($80.00) $80.00 FICA/Medicare $15,534.67 $4,032.25 25.96% $11,502.42 $1,449.85 Office Supplies $3,000.00 $1,065.51 35.52% $1,934.49 $653.14 Telephone $1,200.00 $450.45 37.54% $749.55 $229.55 Postage $550.00 $0.00 0.00% $550.00 $0.00 Dues and Subscriptions $1,075.00 $400.00 37.21% $675.00 $50.00 Scholarships $1,000.00 $0.00 0.00% $1,000.00 $0.00 Printing $3,800.00 $7,090.00 186.58% ($3,290.00) $7,025.00 Software/Printer Contract $4,000.00 $112.72 2.82% $3,887.28 $91.67 Travel & Training $3,400.00 $3,213.28 94.51% $186.72 $1,950.08 Lease Printer and Copier $3,540.00 $1,174.75 33.19% $2,365.25 $594.63 Total RECREATION ADMINISTRATION $250,384.98 $69,678.55 27.83% $180,706.43 $30,682.30 PROGRAMS Salaries-Programs $20,000.00 $7,340.97 36.70% $12,659.03 $2,516.10 FICA/Medicare $1,530.00 $513.39 33.55% $1,016.61 $50.83 General Supplies $14,000.00 $4,548.88 32.49% $9,451.12 $93.11 Advertising $2,200.00 $3,955.21 179.78% ($1,755.21) $1,926.23 Senior Programs $3,000.00 $0.00 0.00% $3,000.00 $0.00 Special Events $5,000.00 $1,297.11 25.94% $3,702.89 $84.10 School Use $3,000.00 $0.00 0.00% $3,000.00 $0.00 Total PROGRAMS $48,730.00 $17,655.56 36.23% $31,074.44 $4,670.37 FACILITIES Jaycee Park Salaries $0.00 $596.00 100.00% ($596.00) $596.00 Park Salaries $16,000.00 $8,837.77 55.24% $7,162.23 $0.00 FICA/Medicare $1,224.00 $783.83 64.04% $440.17 $49.17 Supplies $9,000.00 $2,786.77 30.96% $6,213.23 $309.28 Fuel-Gas $3,000.00 $249.95 8.33% $2,750.05 $162.93 Facilities Maintenance $2,393.74 $0.00 0.00% $2,393.74 $0.00 Recreation Path Committee $500.00 $0.00 0.00% $500.00 $0.00 Electric-Jaycee Park $1,600.00 $434.00 27.13% $1,166.00 $275.59 Electric-Dorset Park $2,000.00 $362.95 18.15% $1,637.05 $209.34 Electric-Overlook Park $400.00 $50.94 12.74% $349.06 $24.47 Utilities-Hockey/Skate $400.00 $78.01 19.50% $321.99 $36.78 Electric-Tennis Courts $500.00 $262.02 52.40% $237.98 $143.62 Facilities Improvements $32,000.00 $645.87 2.02% $31,354.13 $645.87 Capital Items $22,000.00 $0.00 0.00% $22,000.00 $0.00 Total FACILITIES $91,017.74 $15,088.11 16.58% $75,929.63 $2,453.05 LEISURE ARTS Expenditure Report-September, 2015 General Fund Year-to-Date % Budget FY 2016 Account Budget Expenditures Expended $ (+/-) Paid September Chorus Directors $3,600.00 $0.00 0.00% $3,600.00 $0.00 Total LEISURE ARTS $3,600.00 $0.00 0.00% $3,600.00 $0.00 SPECIAL ACTIVITIES Adult Programs $28,000.00 $0.00 0.00% $28,000.00 $0.00 Jazzercise of Shelburne $8,000.00 $0.00 0.00% $8,000.00 $0.00 Swim Lessons-Sport/Fit Ed $3,500.00 $0.00 0.00% $3,500.00 $0.00 Youth Programs $30,000.00 $1,875.00 6.25% $28,125.00 $1,875.00 Driver's Education $20,000.00 $0.00 0.00% $20,000.00 $0.00 Great Escape Tickets $15,000.00 $5,234.00 34.89% $9,766.00 $5,234.00 Afternoon Skiing-Middle S $12,000.00 $0.00 0.00% $12,000.00 $0.00 Telephone $1,800.00 $485.39 26.97% $1,314.61 $214.07 Total SPECIAL ACTIVITIES $118,300.00 $7,594.39 6.42% $110,705.61 $7,323.07 COMMUNITY LIBRARY Library Salaries $284,007.82 $59,291.75 20.88% $224,716.07 $21,504.70 FICA/Medicare $21,726.60 $4,664.85 21.47% $17,061.75 $1,685.72 Library Supplies $5,800.00 $1,485.70 25.62% $4,314.30 $371.97 Books - Adult $15,000.00 $4,204.25 28.03% $10,795.75 $2,134.48 Books - Children $7,550.00 $1,038.72 13.76% $6,511.28 $637.38 DVDs/CDs-Adult $4,500.00 $1,104.82 24.55% $3,395.18 $612.90 DVDs/CDs-Children $1,800.00 $130.31 7.24% $1,669.69 $113.83 Program Supplies-Arts/Cra $2,000.00 $250.31 12.52% $1,749.69 $344.31 Blanchette Expenditures $14,000.00 $2,382.25 17.02% $11,617.75 $2,908.48 Blanchette/Subscriptions- $4,000.00 $1,509.43 37.74% $2,490.57 $0.00 Bookmobile Maintenance $1,000.00 $68.26 6.83% $931.74 $106.73 Postage $2,000.00 $0.00 0.00% $2,000.00 $0.00 Dues and Subscriptions $400.00 $40.45 10.11% $359.55 $40.45 Online & Print Subscripti $2,000.00 $0.00 0.00% $2,000.00 $0.00 School Use $62,500.00 $0.00 0.00% $62,500.00 $0.00 Community Programs $6,000.00 $1,500.00 25.00% $4,500.00 $875.00 Computer Operations $9,092.00 $50.74 0.56% $9,041.26 $367.55 Travel & Training $2,000.00 $8.57 0.43% $1,991.43 $0.00 Furniture $1,200.00 $0.00 0.00% $1,200.00 $0.00 Computer Improvements $2,900.00 $16.99 0.59% $2,883.01 $16.99 C/L Photocopier Lease Pri $2,231.00 $499.81 22.40% $1,731.19 $163.87 Total COMMUNITY LIBRARY $451,707.42 $78,247.21 17.32% $373,460.21 $31,884.36 CAPITAL/PARK MAINTENANCE Park Maint.Salaries-Perm. $170,117.14 $44,270.25 26.02% $125,846.89 $13,751.74 FICA/Medicare $12,863.65 $3,626.60 28.19% $9,237.05 $1,119.72 Park Supplies $21,000.00 $9,383.75 44.68% $11,616.25 $3,378.46 Cemetery Supplies $300.00 $0.00 0.00% $300.00 $0.00 Homestead at Wheeler Park $0.00 $268.45 100.00% ($268.45) $393.57 Veterans Memorial Park $3,500.00 $490.00 14.00% $3,010.00 $0.00 Total CAPITAL/PARK MAINTENANCE $207,780.79 $58,039.05 27.93% $149,741.74 $18,643.49 Total CULTURE AND RECREATION $1,171,520.93 $246,302.87 21.02% $925,218.06 $95,656.64 Expenditure Report-September, 2015 General Fund Year-to-Date % Budget FY 2016 Account Budget Expenditures Expended $ (+/-) Paid September OTHER OPERATING ENTITIES County Court $124,300.00 $131,945.22 106.15% ($7,645.22) $65,972.61 Winooski Valley Park $54,000.00 $0.00 0.00% $54,000.00 $0.00 C.C.T.A. $453,352.00 $151,129.00 33.34% $302,223.00 $151,129.00 Regional Planning $36,373.00 $36,373.00 100.00% $0.00 $0.00 Total OTHER OPERATING ENTITIES $668,025.00 $319,447.22 47.82% $348,577.78 $217,101.61 Total OTHER ENTITIES $668,025.00 $319,447.22 47.82% $348,577.78 $217,101.61 CURRENT PRINCIPAL, BONDS Public Works Facility $98,568.00 $98,568.00 100.00% $0.00 $98,568.00 Kennedy Dr Reconstrction $22,440.00 $22,508.00 100.30% ($68.00) $22,508.00 Lime Kiln Bridge $22,440.00 $22,508.00 100.30% ($68.00) $22,508.00 PENSION LIABILITY-PRINCIP $262,974.00 $0.00 0.00% $262,974.00 $0.00 F/D Building Improvements $30,090.00 $30,005.00 99.72% $85.00 $30,005.00 Police Headquarters $360,000.00 $360,000.00 100.00% $0.00 $360,000.00 Total CURRENT PRINCIPAL, BONDS $796,512.00 $533,589.00 66.99% $262,923.00 $533,589.00 CURRENT INTEREST, BONDS Public Works Facility $30,148.99 $16,408.61 54.43% $13,740.38 $16,408.61 Sewer Note-Police Fitup $69,568.30 $0.00 0.00% $69,568.30 $0.00 Kennedy Dr Recnstrction $10,182.15 $3,955.40 38.85% $6,226.75 $3,955.40 Lime Kiln Bridge $10,182.15 $3,955.40 38.85% $6,226.75 $3,955.40 PENSION LIABILITY-INTERES $397,975.00 $0.00 0.00% $397,975.00 $0.00 Sewer Note-Solar Array $13,000.00 $0.00 0.00% $13,000.00 $0.00 F/D Building Improvements $13,653.34 $5,272.87 38.62% $8,380.47 $5,272.87 Police Headquarters $239,292.00 $122,148.00 51.05% $117,144.00 $122,148.00 Total CURRENT INTEREST, BONDS $784,001.93 $151,740.28 19.35% $632,261.65 $151,740.28 Total GENERAL FUND $21,153,145.24 $6,035,787.57 28.53% $15,117,357.67 $2,474,110.08 Total All Funds $21,153,145.24 $6,035,787.57 28.53% $15,117,357.67 $2,474,110.08 Expenditure Report-September, 2015 Sewer Fund Year-to-Date % Budget FY 2016 Account Budget Expenditures Expended $ (+/-)Paid September W/POLLUTION CONTROL EXPS. Salaries-Permanent $413,474.41 $92,844.43 22.45% $320,629.98 $29,570.78 Payment to Highway-wages $280,000.29 $1,892.24 0.68% $278,108.05 $692.28 Salaries-Overtime $40,000.00 $6,038.08 15.10% $33,961.92 $1,995.37 Payroll Svc & Testing to $700.00 $0.00 0.00% $700.00 $0.00 PAFO Certification $9,000.00 $0.00 0.00% $9,000.00 $0.00 Sick Bank Payouts $10,000.00 $0.00 0.00% $10,000.00 $0.00 Fringe Benefits $600.00 $0.00 0.00% $600.00 $0.00 FICA/Medicare $30,158.05 $7,663.03 25.41% $22,495.02 $2,456.66 Payment to Highway-FICA/M $21,420.02 $0.00 0.00% $21,420.02 $0.00 Vision Plan $719.64 $168.78 23.45% $550.86 $56.26 Disability Income $1,515.36 $287.49 18.97% $1,227.87 $95.83 Long Term Disability Insu $0.00 $499.83 100.00% ($499.83) $166.61 Group Health Insurance $99,399.48 $21,295.34 21.42% $78,104.14 $8,536.07 Benefit Reimbursed to Hig $73,274.65 $0.00 0.00% $73,274.65 $0.00 Group Life Insurance $858.00 $286.65 33.41% $571.35 $95.55 Group Dental Insurance $4,905.99 $1,628.49 33.19% $3,277.50 $542.83 Pension $68,258.44 $10,153.81 14.88% $58,104.63 $10,153.81 ICMA Match $21,332.17 $2,231.51 10.46% $19,100.66 $790.72 Pension Payment to Highwa $81,640.00 $0.00 0.00% $81,640.00 $0.00 Pension Note Payment $38,675.00 $0.00 0.00% $38,675.00 $0.00 Office Supplies $1,500.00 $513.30 34.22% $986.70 $311.56 Plant Supplies $70,000.00 $21,179.82 30.26% $48,820.18 $2,754.07 Ferrous Chloride $500.00 $0.00 0.00% $500.00 $0.00 Polymer $68,000.00 $27,249.25 40.07% $40,750.75 $15,535.95 Sewer Line Maint/Supplies $15,000.00 $4,535.43 30.24% $10,464.57 $2,881.60 Pumping Station Supplies $22,500.00 $918.80 4.08% $21,581.20 $172.29 Laboratory Supplies $7,500.00 $3,242.96 43.24% $4,257.04 $1,385.87 Paint and Hardware $300.00 $0.00 0.00% $300.00 $0.00 Caustic Soda and Lime $60,000.00 $10,109.33 16.85% $49,890.67 $5,050.00 Alum $38,000.00 $18,113.51 47.67% $19,886.49 $10,427.26 Water-Airport-B/B-Pump $1,500.00 $223.07 14.87% $1,276.93 $195.53 Generator Preventive Main $4,000.00 $0.00 0.00% $4,000.00 $0.00 Clothing Supplies $3,600.00 $234.97 6.53% $3,365.03 $80.00 Truck Parts $7,000.00 $3,577.11 51.10% $3,422.89 $1,784.92 Gas - Diesel Fuel - Oil $17,000.00 $2,566.75 15.10% $14,433.25 $828.50 Fuel - Airport Parkway $50,000.00 $3,177.94 6.36% $46,822.06 $2,175.24 Fuel - Bartlett Bay $6,000.00 $139.45 2.32% $5,860.55 $75.72 Telephone and Alarms $5,500.00 $1,167.67 21.23% $4,332.33 $456.04 Postage $100.00 $9.80 9.80% $90.20 $9.80 Memberships/Dues $300.00 $0.00 0.00% $300.00 $0.00 Discharge Permits $8,000.00 $0.00 0.00% $8,000.00 $0.00 Workers Comp Insurance $20,168.72 $8,142.12 40.37% $12,026.60 $4,071.06 Property Insurance $55,114.04 $18,541.64 33.64% $36,572.40 $9,270.82 Unemployment Insurance $0.00 $310.32 100.00% ($310.32) $0.00 Safety $0.00 $53.68 100.00% ($53.68) $0.00 Billing Payment to CWD $40,550.00 $0.00 0.00% $40,550.00 $0.00 Soil/Sludge Management $100,000.00 $15,066.62 15.07% $84,933.38 $10,936.76 Discharge Water Testing $1,250.00 $200.00 16.00% $1,050.00 $75.00 Landfill Fees $4,000.00 $0.00 0.00% $4,000.00 $0.00 HVAC Maintenance $10,153.74 $481.00 4.74% $9,672.74 $481.00 Expenditure Report-September, 2015 Sewer Fund Year-to-Date % Budget FY 2016 Account Budget Expenditures Expended $ (+/-)Paid September To GF-Audit/Actuary $0.00 $304.60 100.00% ($304.60) $304.60 Auditing $6,214.00 $0.00 0.00% $6,214.00 $0.00 Engineering/Consulting $45,000.00 $12,214.00 27.14% $32,786.00 $4,345.00 Landfill Engineering $8,000.00 $2,303.00 28.79% $5,697.00 $0.00 PMT TO STORMWATER-GIS $4,000.00 $0.00 0.00% $4,000.00 $0.00 Office Equipment Contract $500.00 $91.67 18.33% $408.33 $91.67 Wireless Communication $500.00 $155.97 31.19% $344.03 $103.98 Administrative Services $150,335.71 $0.00 0.00% $150,335.71 $0.00 IT Service $3,500.00 $462.46 13.21% $3,037.54 $160.00 Burlington Sewer Lines $215,000.00 $120,082.36 55.85% $94,917.64 $120,082.36 Travel & Training $0.00 $433.75 100.00% ($433.75) $433.75 Utilities-Pumping Station $60,000.00 $9,681.21 16.14% $50,318.79 $3,957.13 Utilities--L/Fill Station $5,500.00 $0.00 0.00% $5,500.00 $0.00 Electric-Airport Parkway $175,000.00 $51,388.48 29.36% $123,611.52 $33,804.34 Electric-Bartlett Bay $115,000.00 $18,667.84 16.23% $96,332.16 $8,960.80 Replacement-Vehicles $250,000.00 $103,157.24 41.26% $146,842.76 $236.55 Building Improvements $7,500.00 $0.00 0.00% $7,500.00 $0.00 Pumps Replacements $70,000.00 $0.00 0.00% $70,000.00 $0.00 Pump Repairs $30,000.00 $15,882.22 52.94% $14,117.78 $10,012.95 Loan for Airport Parkway $1,272,059.74 $0.00 0.00% $1,272,059.74 $0.00 Bartlett Bay Bond Replace $245,000.00 $0.00 0.00% $245,000.00 $0.00 Xfer to Undesignated Rese $4,481.14 $0.00 0.00% $4,481.14 $0.00 Capital Improvements-CIP $335,000.00 $0.00 0.00% $335,000.00 $0.00 Total W/POLLUTION CONTROL EXPS. $4,816,058.59 $619,569.02 12.86% $4,196,489.57 $306,604.89 Total ENTERPRISE FUND/W.P.C. $4,816,058.59 $619,569.02 12.86% $4,196,489.57 $306,604.89 Total All Funds $4,816,058.59 $619,569.02 12.86% $4,196,489.57 $306,604.89 Expenditure Report-September, 2015 Stormwater Fund Year-to-Date % Budget FY 2016 Account Budget Expenditures Expended $ (+/-)aid September S/WATER UTILITIES EXPS Salaries-Permanent $327,310.72 $69,217.58 21.15% $258,093.14 $21,911.21 Leave Time Turn-In $3,000.00 $0.00 0.00% $3,000.00 $0.00 Salaries-Overtime $20,000.00 $756.69 3.78% $19,243.31 $398.19 Payroll Svc & Testing to $480.00 $0.00 0.00% $480.00 $0.00 Fringe Benefits $2,310.00 $300.00 12.99% $2,010.00 $0.00 FICA/Medicare $24,822.31 $6,159.05 24.81% $18,663.26 $2,126.09 Vision Plan $690.07 $92.04 13.34% $598.03 $30.68 Disability Income Insuran $3,570.40 $234.48 6.57% $3,335.92 $78.16 Group Health Insurance $76,692.00 $12,625.03 16.46% $64,066.97 $4,346.81 Reimburse to Highway Bene $9,125.00 $0.00 0.00% $9,125.00 $0.00 Health Insurance FICA $867.51 $0.00 0.00% $867.51 $0.00 Group Life Insurance $945.00 $242.55 25.67% $702.45 $80.85 Group Dental Insurance $5,409.66 $1,031.52 19.07% $4,378.14 $343.84 Pension $31,659.03 $0.00 0.00% $31,659.03 $0.00 ICMA Match $17,569.78 $3,237.76 18.43% $14,332.02 $1,153.60 Pension Note Payment $26,510.00 $0.00 0.00% $26,510.00 $0.00 Office Supplies $2,250.00 $847.57 37.67% $1,402.43 $416.86 Small Equipment/Tools $4,000.00 $287.95 7.20% $3,712.05 $287.95 Uniforms/Supplies $3,707.25 $954.61 25.75% $2,752.64 $218.74 Gasoline $4,500.00 $679.16 15.09% $3,820.84 $180.17 Oil $350.00 $25.52 7.29% $324.48 $20.72 Diesel Fuel $8,000.00 $1,782.63 22.28% $6,217.37 $876.05 Permit Requirement-Educat $12,700.00 $2,100.00 16.54% $10,600.00 $0.00 Telephone $2,400.00 $741.34 30.89% $1,658.66 $149.76 Postage $200.00 $16.99 8.50% $183.01 $16.99 Membership/Dues $400.00 $57.00 14.25% $343.00 $57.00 Discharge Permits Renewal $7,500.00 $270.40 3.61% $7,229.60 $0.00 Workers Comp Insurance $6,789.30 $2,094.64 30.85% $4,694.66 $1,047.32 Property Insurance $21,231.30 $2,260.08 10.65% $18,971.22 $1,130.04 Unemployment Insurance $2,000.00 $310.31 15.52% $1,689.69 $0.00 GIS-Fees/Software $12,000.00 $1,058.03 8.82% $10,941.97 $360.63 Sediment & Depris Disposa $750.00 $0.00 0.00% $750.00 $0.00 Water Quality Monitoring $10,000.00 $5,122.63 51.23% $4,877.37 $1,847.63 Building/Grounds Maint $1,500.00 $0.00 0.00% $1,500.00 $0.00 Vehicle Maintenance $7,500.00 $933.52 12.45% $6,566.48 $510.02 Storm System Maint Materi $60,000.00 $5,423.68 9.04% $54,576.32 $3,550.74 Printing $100.00 $155.55 155.55% ($55.55) $155.55 Legal Services $15,000.00 $1,283.25 8.56% $13,716.75 $1,283.25 To GF-Audit and Actuary $3,555.00 $0.00 0.00% $3,555.00 $0.00 Engineering-Watershed $28,000.00 $2,810.56 10.04% $25,189.44 $0.00 Engineering-Nghbrhd Asst $24,000.00 $11,114.90 46.31% $12,885.10 $11,114.90 Billing Payment CWD $40,550.00 $0.00 0.00% $40,550.00 $0.00 IT/Computer Support $0.00 $249.00 100.00% ($249.00) $0.00 Office Equipment Maintena $750.00 $91.67 12.22% $658.33 $91.67 Equipment Rental $1,500.00 $0.00 0.00% $1,500.00 $0.00 Administrative Services $134,391.55 $0.00 0.00% $134,391.55 $0.00 Conference/Training Expen $3,000.00 $14.99 0.50% $2,985.01 $14.99 S/W Bldg Utilities $3,500.00 $401.10 11.46% $3,098.90 $211.57 Stormwater Pumps Electric $480.00 $70.17 14.62% $409.83 $44.66 Vehicles/Equipment $200,000.00 $239,894.17 119.95% ($39,894.17) $0.00 Stormwater Capital Projec $643,000.00 $346,347.37 53.86% $296,652.63 $18,912.37 Office Furniture/Equipmen $1,000.00 $129.18 12.92% $870.82 $0.00 Project Notes Princ/Inter $100,000.00 $0.00 0.00% $100,000.00 $0.00 Expenditure Report-September, 2015 Stormwater Fund Year-to-Date % Budget FY 2016 Account Budget Expenditures Expended $ (+/-)aid September Flow Restoration Plan Ana $75,000.00 $18,888.88 25.19% $56,111.12 $18,888.88 Reimbursement to Highway $5,605.51 $0.00 0.00% $5,605.51 $0.00 Undesignated Reserve $178,678.17 $0.00 0.00% $178,678.17 $0.00 Total S/WATER UTILITIES EXPS $2,176,849.56 $740,313.55 34.01% $1,436,536.01 $91,857.89 Total STORM WATER UTILITIES $2,176,849.56 $740,313.55 34.01% $1,436,536.01 $91,857.89 Total All Funds $2,176,849.56 $740,313.55 34.01% $1,436,536.01 $91,857.89 Revenue Report-September, 2015 General Fund Estimated Received % Budget FY 2016 Account Revenue To Date Received $ (+/-)Received-September Total PROPERTY TAX REVENUE $13,383,284.33 ($4,583,354.11) 34.25% $8,799,930.22 ($138,742.18) Total LOCAL OPTION TAXES $3,661,405.84 ($393,590.64) 10.75% $3,267,815.20 $0.00 Total TAX REVENUE $17,044,690.17 ($4,976,944.75) 29.20% $12,067,745.42 ($138,742.18) Total INTEREST/PENALTY ON TAX $254,950.00 ($45,091.20) 17.69% $209,858.80 ($4,071.77) Total CITY MANAGER $468,885.26 ($1.00) 0.00% $468,884.26 $0.00 Total CITY CLERK $257,500.00 ($49,201.34) 19.11% $208,298.66 ($14,772.35) Total PLANNING & ZONING $321,700.00 ($117,150.16) 36.42% $204,549.84 ($15,640.74) Total FIRE DEPARTMENT $304,000.00 ($74,273.59) 24.43% $229,726.41 ($30,043.26) Total AMBULANCE $719,000.00 ($305,824.70) 42.53% $413,175.30 ($60,395.12) Total POLICE DEPARTMENT $455,169.34 ($32,938.95) 7.24% $422,230.39 ($19,132.79) Total PUBLIC SAFETY $1,478,169.34 ($413,037.24) 27.94% $1,065,132.10 ($109,571.17) Total HIGHWAY DEPARTMENT $1,099,065.47 ($156,246.46) 14.22% $942,819.01 ($52,057.68) Total RED ROCKS PARK $4,500.00 ($8,623.00) 191.62% ($4,123.00) ($1,064.00) Total FACILITIES $500.00 ($160.00) 32.00% $340.00 ($120.00) Total SPECIAL ACTIVITIES $192,000.00 ($33,044.00) 17.21% $158,956.00 ($12,642.00) Total RECREATION $197,000.00 ($41,827.00) 21.23% $155,173.00 ($13,826.00) Total COMMUNITY LIBRARY $31,185.00 ($20,169.40) 64.68% $11,015.60 ($823.99) Total GENERAL FUND $21,153,145.24 ($5,819,668.55) 27.51% $15,333,476.69 ($349,505.88) Revenue Report-September, 2015 General Fund Estimated Received % Budget FY 2016 MTD Account Revenue To Date Received $ (+/-)Received-September TAX REVENUE Tax, Current Budget $13,272,284.33 ($4,576,669.33) 34.48% $8,695,615.00 ($132,057.40) VT Payment in Lieu of Tax $40,000.00 ($6,684.78) 16.71% $33,315.22 ($6,684.78) Taxes, Reappraisal/ACT 60 $71,000.00 $0.00 0.00% $71,000.00 $0.00 Total TAX REVENUE $13,383,284.33 ($4,583,354.11) 34.25% $8,799,930.22 ($138,742.18) LOCAL OPTION TAXES Local Option Tax-Sales $2,683,090.12 ($290,897.74) 10.84% $2,392,192.38 $0.00 Local Option Tax-Rooms/Me $265,657.72 ($102,692.90) 38.66% $162,964.82 $0.00 Rooms/Meals - Fire Vehicl $352,658.00 $0.00 0.00% $352,658.00 $0.00 Rooms/Meals - P/D Hdqtrs $360,000.00 $0.00 0.00% $360,000.00 $0.00 Total LOCAL OPTION TAXES $3,661,405.84 ($393,590.64) 10.75% $3,267,815.20 $0.00 Total TAX REVENUE $17,044,690.17 ($4,976,944.75) 29.20% $12,067,745.42 ($138,742.18) INTEREST/PENALTY ON TAX Penalty, Current & Prior $125,000.00 ($33,540.91) 26.83% $91,459.09 $0.00 Interest, Current & Prior $35,000.00 ($10,108.38) 28.88% $24,891.62 ($2,629.86) Attorney Fees $2,500.00 ($1,441.91) 57.68% $1,058.09 ($1,441.91) Fee to Collect State Educ $76,000.00 $0.00 0.00% $76,000.00 $0.00 Current Use $16,000.00 $0.00 0.00% $16,000.00 $0.00 Per Parcel Payment Traini $450.00 $0.00 0.00% $450.00 $0.00 Total INTEREST/PENALTY ON TAX $254,950.00 ($45,091.20) 17.69% $209,858.80 ($4,071.77) CITY MANAGER Administrative Services-W $57,500.00 $0.00 0.00% $57,500.00 $0.00 Administrative Services-S $134,391.55 $0.00 0.00% $134,391.55 $0.00 Administrative Services-W $150,335.71 $0.00 0.00% $150,335.71 $0.00 From Sewer-Audit & Actuar $6,214.00 $0.00 0.00% $6,214.00 $0.00 From SW-Audit & Actuary $3,555.00 $0.00 0.00% $3,555.00 $0.00 Pension Liab Note-WPC $38,675.00 $0.00 0.00% $38,675.00 $0.00 Pension Liab Note-SW $26,510.00 $0.00 0.00% $26,510.00 $0.00 From Water-Audit $2,100.00 $0.00 0.00% $2,100.00 $0.00 Admin Svc Fee Fund 240 $31,424.00 $0.00 0.00% $31,424.00 $0.00 From WPC-Payroll, Testing $700.00 $0.00 0.00% $700.00 $0.00 From SW-Payroll, Testing $480.00 $0.00 0.00% $480.00 $0.00 Non-Profit Leases $0.00 ($1.00) 100.00% ($1.00) $0.00 Workers' Comp. Reimburse. $15,000.00 $0.00 0.00% $15,000.00 $0.00 Miscellaneous $2,000.00 $0.00 0.00% $2,000.00 $0.00 Total CITY MANAGER $468,885.26 ($1.00) 0.00% $468,884.26 $0.00 CITY CLERK Recording Fees $145,000.00 ($34,182.00) 23.57% $110,818.00 ($10,615.00) Photocopy Fees $25,000.00 ($6,016.20) 24.06% $18,983.80 ($1,556.50) Photocopies-Vital Records $6,000.00 ($1,575.00) 26.25% $4,425.00 ($378.00) Pet Licenses $28,000.00 ($1,120.00) 4.00% $26,880.00 ($168.00) Pet Control Fees $6,000.00 ($595.00) 9.92% $5,405.00 ($25.00) Revenue Report-September, 2015 General Fund Estimated Received % Budget FY 2016 MTD Account Revenue To Date Received $ (+/-)Received-September Beverage/Cabaret License $7,000.00 ($70.00) 1.00% $6,930.00 $0.00 Entertainment Permits $1,500.00 ($50.00) 3.33% $1,450.00 $0.00 Marriage Licenses $1,500.00 ($720.00) 48.00% $780.00 ($180.00) Green Mountain Passports $300.00 ($156.00) 52.00% $144.00 ($36.00) Motor Vehicle Renewals $1,000.00 ($273.00) 27.30% $727.00 ($60.00) School Reimburse-Election $1,200.00 $0.00 0.00% $1,200.00 $0.00 Interest on Investments $35,000.00 ($4,444.14) 12.70% $30,555.86 ($1,753.85) Total CITY CLERK $257,500.00 ($49,201.34) 19.11% $208,298.66 ($14,772.35) PLANNING Building & Sign Permits $212,500.00 ($97,121.12) 45.70% $115,378.88 ($9,752.14) Bianchi Ruling $8,000.00 ($3,294.00) 41.18% $4,706.00 ($852.00) Zoning and Planning $85,000.00 ($15,165.04) 17.84% $69,834.96 ($4,716.60) Sewer Inspection Fees $0.00 ($1,500.00) 100.00% ($1,500.00) ($250.00) Peddlers' Permits $1,200.00 ($70.00) 5.83% $1,130.00 ($70.00) Market Street Grant $15,000.00 $0.00 0.00% $15,000.00 $0.00 Total PLANNING $321,700.00 ($117,150.16) 36.42% $204,549.84 ($15,640.74) FIRE DEPARTMENT Outside Employment $4,000.00 $0.00 0.00% $4,000.00 $0.00 Fire Inspection Revenue $300,000.00 ($74,273.59) 24.76% $225,726.41 ($30,043.26) Total FIRE DEPARTMENT $304,000.00 ($74,273.59) 24.43% $229,726.41 ($30,043.26) AMBULANCE Tax Revenues $155,000.00 ($155,000.00) 100.00% $0.00 $0.00 Ambulance Service Billing $540,000.00 ($140,583.09) 26.03% $399,416.91 ($56,667.36) Williston Billing $18,000.00 ($4,313.00) 23.96% $13,687.00 ($1,245.15) Grand Isle Billing $6,000.00 ($1,878.61) 31.31% $4,121.39 ($682.61) Miscellaneous Income $0.00 ($4,050.00) 100.00% ($4,050.00) ($1,800.00) Total AMBULANCE $719,000.00 ($305,824.70) 42.53% $413,175.30 ($60,395.12) POLICE DEPARTMENT Vermont District Court $70,000.00 ($12,232.85) 17.48% $57,767.15 ($6,668.87) C.U.S.I. Overtime Grant $0.00 ($3,817.00) 100.00% ($3,817.00) ($3,817.00) Police Reports $7,500.00 ($2,262.00) 30.16% $5,238.00 ($867.00) Drug Task Force Grant $93,000.00 ($7,104.92) 7.64% $85,895.08 ($7,104.92) Parking Tickets $0.00 ($110.00) 100.00% ($110.00) ($25.00) Alarm Registrations $10,000.00 ($5,695.00) 56.95% $4,305.00 ($650.00) Alarm Fines $5,500.00 $0.00 0.00% $5,500.00 $0.00 Off Duty Police $30,000.00 ($1,656.44) 5.52% $28,343.56 $0.00 Bullet Proof Vest Grant $3,200.00 $0.00 0.00% $3,200.00 $0.00 COPS Grant $37,500.00 $0.00 0.00% $37,500.00 $0.00 Police Impact Fees $75,000.00 $0.00 0.00% $75,000.00 $0.00 3rd Floor Lease Revenue $103,469.34 $0.00 0.00% $103,469.34 $0.00 Miscellaneous - Police $0.00 ($60.74) 100.00% ($60.74) $0.00 Xfer In-Fund 207 $20,000.00 $0.00 0.00% $20,000.00 $0.00 Total POLICE DEPARTMENT $455,169.34 ($32,938.95) 7.24% $422,230.39 ($19,132.79) Revenue Report-September, 2015 General Fund Estimated Received % Budget FY 2016 MTD Account Revenue To Date Received $ (+/-)Received-September HIGHWAY DEPARTMENT Road Opening Permits $135,000.00 ($54,304.50) 40.23% $80,695.50 ($40,915.50) Overweight truck permits $1,700.00 ($80.00) 4.71% $1,620.00 ($15.00) Highway State Aid $212,000.00 ($78,342.29) 36.95% $133,657.71 $0.00 Fuel Pump Surcharge $1,000.00 ($1,041.76) 104.18% ($41.76) ($572.17) HazMat Facility Lease $18,800.00 ($835.18) 4.44% $17,964.82 $0.00 School Bus Parts Reimbure $32,500.00 ($1,212.44) 3.73% $31,287.56 ($402.11) School gas/diesel reimbur $175,000.00 ($15,749.58) 9.00% $159,250.42 ($8,872.80) School vehicle repair pay $19,000.00 $0.00 0.00% $19,000.00 $0.00 Salary Reimbursement-WPC $280,000.29 $0.00 0.00% $280,000.29 $0.00 FICA Reimbursement-WPC $21,420.02 $0.00 0.00% $21,420.02 $0.00 Pension Reimbursement-WPC $81,640.00 $0.00 0.00% $81,640.00 $0.00 Benefits Reimbursement-WP $73,274.65 $0.00 0.00% $73,274.65 $0.00 Salary Reimbursement-SW $5,605.51 $0.00 0.00% $5,605.51 $0.00 Benefits Reimbursement-SW $9,125.00 $0.00 0.00% $9,125.00 $0.00 Reimburse from Fund 265 $8,000.00 $0.00 0.00% $8,000.00 $0.00 Highway Impact Fee-RT 2 $5,000.00 $0.00 0.00% $5,000.00 $0.00 Hgwy Misc Revenue $20,000.00 ($4,680.71) 23.40% $15,319.29 ($1,280.10) Total HIGHWAY DEPARTMENT $1,099,065.47 ($156,246.46) 14.22% $942,819.01 ($52,057.68) RECREATION RED ROCKS PARK Red Rocks Gate Receipts $4,500.00 ($8,623.00) 191.62% ($4,123.00) ($1,064.00) Total RED ROCKS PARK $4,500.00 ($8,623.00) 191.62% ($4,123.00) ($1,064.00) FACILITIES J/C Park Rentals $500.00 ($160.00) 32.00% $340.00 ($120.00) Total FACILITIES $500.00 ($160.00) 32.00% $340.00 ($120.00) SPECIAL ACTIVITIES Great Escape Ticket Sales $15,000.00 ($5,234.00) 34.89% $9,766.00 ($455.00) Aternoon Skiing/Middle Sc $0.00 ($94.00) 100.00% ($94.00) ($94.00) Youth Programs $116,000.00 ($21,983.00) 18.95% $94,017.00 ($9,749.00) Adult Evening Classes $43,000.00 ($5,733.00) 13.33% $37,267.00 ($2,344.00) Recreation Impact Fees $18,000.00 $0.00 0.00% $18,000.00 $0.00 Total SPECIAL ACTIVITIES $192,000.00 ($33,044.00) 17.21% $158,956.00 ($12,642.00) Total RECREATION $197,000.00 ($41,827.00) 21.23% $155,173.00 ($13,826.00) COMMUNITY LIBRARY Library Lost Books $1,000.00 ($71.25) 7.13% $928.75 ($51.94) Fines and Fees $3,200.00 ($1,216.10) 38.00% $1,983.90 ($564.05) Non-Resident Fees $750.00 ($145.00) 19.33% $605.00 ($30.00) Blanchette Gift $18,000.00 ($18,100.00) 100.56% ($100.00) $0.00 Libriary Copies and Print $1,500.00 ($637.05) 42.47% $862.95 ($178.00) Xfer in-Fund 603 $6,735.00 $0.00 0.00% $6,735.00 $0.00 Revenue Report-September, 2015 General Fund Estimated Received % Budget FY 2016 MTD Account Revenue To Date Received $ (+/-)Received-September Total COMMUNITY LIBRARY $31,185.00 ($20,169.40) 64.68% $11,015.60 ($823.99) Total GENERAL FUND $21,153,145.24 ($5,819,668.55) 27.51% $15,333,476.69 ($349,505.88) Total All Funds $21,153,145.24 ($5,819,668.55) 27.51% $15,333,476.69 ($349,505.88) Revenue Report-September, 2015 Sewer Fund Estimated Received % Budget FY 2016 MTD Account Revenue To Date Received $ (+/-)Received-September WATER POLLUTION CONTROL CHARGES FOR SERVICES W.P.C. User Fees $3,371,929.29 ($868,136.15) 25.75% $2,503,793.14 ($317,821.52) W.P.C. Truck Charges $100,000.00 $0.00 0.00% $100,000.00 $0.00 Connection Fees $143,819.30 ($201,079.56) 139.81% ($57,260.26) ($9,866.46) Enviromental Impact $50,000.00 $0.00 0.00% $50,000.00 $0.00 Total CHARGES FOR SERVICES $3,665,748.59 ($1,069,215.71) 29.17% $2,596,532.88 ($327,687.98) BOND AND LOAN PROCEEDS State Revolving Fund $385,000.00 $0.00 0.00% $385,000.00 $0.00 Colchester A/P Pkwy Pmt $742,310.00 $0.00 0.00% $742,310.00 $0.00 GF Note Repay-Solar $13,000.00 $0.00 0.00% $13,000.00 $0.00 Total BOND AND LOAN PROCEEDS $1,140,310.00 $0.00 0.00% $1,140,310.00 $0.00 MISCELLANEOUS Miscellaneous Rev.-W.P.C. $10,000.00 ($1,195.23) 11.95% $8,804.77 $0.00 Total MISCELLANEOUS $10,000.00 ($1,195.23) 11.95% $8,804.77 $0.00 Total OPERATING TRANSFERS IN $4,816,058.59 ($1,070,410.94) 22.23% $3,745,647.65 ($327,687.98) Total ENTERPRISE FUND/W.P.C. $4,816,058.59 ($1,070,410.94) 22.23% $3,745,647.65 ($327,687.98) Total All Funds $4,816,058.59 ($1,070,410.94) 22.23% $3,745,647.65 ($327,687.98) Revenue Report-September, 2015 Stormwater Fund Estimated Received % Budget FY 2016 MTD Account Revenue To Date Received $ (+/-)Received-September S/WATER UTILITIES REVENUE Intergovernmental Revenue $0.00 $14,795.21 100.00% $14,795.21 $14,795.21 S/W User Fees - Water Bil $2,060,549.56 ($436,402.51) 21.18% $1,624,147.05 ($190,887.20) Payment from GF re: GIS $37,000.00 $0.00 0.00% $37,000.00 $0.00 State of VT Fee for Servi $50,000.00 $0.00 0.00% $50,000.00 $0.00 Land Owner Payments $29,300.00 $0.00 0.00% $29,300.00 $0.00 Homeowner's Assoc Fee $0.00 ($11,535.51) 100.00% ($11,535.51) $0.00 Total S/WATER UTILITIES REVENUE $2,176,849.56 ($433,142.81) 19.90% $1,743,706.75 ($176,091.99) Total STORM WATER UTILITIES $2,176,849.56 ($433,142.81) 19.90% $1,743,706.75 ($176,091.99) Total All Funds $2,176,849.56 ($433,142.81) 19.90% $1,743,706.75 ($176,091.99) 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington City Council Kevin Dorn, City Manager FROM: Jim Barlow, City Attorney SUBJECT: Second Reading and Public Hearing on Proposed Amendments to the South Burlington Backyard Chicken Ordinance DATE: October 19, 2015 On October 19, 2015 the Council will hold the second reading and public hearing on proposed amendments to the South Burlington Backyard Chicken Ordinance. The proposed amendments are technical in nature and intended to accomplish the following:  Standardize the penalties for violation of the Ordinance and align the enforcement provisions with applicable statutes. (Sections 13-15)  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. (Section 13)  Provide for establishment of permit fees by resolution of the City Council (Section 2)  Clarify that keeping backyard chickens for commercial production of chicken meat is prohibited (Section 5)  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. If the Council desires to pass the Ordinance amendments, then the Council may consider and pass the following motion: “I move that the City Council pass the proposed amendments to the South Burlington Backyard Chicken Ordinance.” A clean copy of the Backyard Chicken Ordinance, with the amendments, will be provided for the Council members’ signatures. Backyard Chicken Ordinance BACKYARD CHICKEN ORDINANCE 2 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 Table of Contents 1. Authority and Purpose ...................................................................................................................... 3 2. Permit Required................................................................................................................................. 3 3. Exceptions .......................................................................................................................................... 3 4. Number and Type of Chickens Allowed............................................................................................. 3 5. Non Commercial Use Only ................................................................................................................. 3 6. Enclosures .......................................................................................................................................... 3 7. Odor and Noise Impacts .................................................................................................................... 4 8. Waste Storage and Removal ............................................................................................................. 4 9. Lighting .............................................................................................................................................. 4 10. Predators, Rodents, Insects and Parasites ........................................................................................ 5 11. Feed and Water ................................................................................................................................. 5 12. Waste Storage and Removal ............................................................................................................. 5 13. Enforcement ...................................................................................................................................... 5 14. Civil Penalty; Waiver Fee ................................................................................................................... 5 15. Other Relief ....................................................................................................................................... 6 16. Severability ........................................................................................................................................ 6 BACKYARD CHICKEN ORDINANCE 3 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 The Council of the City of South Burlington hereby ordains: 1. Authority and Purpose This Ordinance is enacted by the City Council under the authority granted in 24 V.S.A. Section 2291(14) and the South Burlington City Charter. The purpose of this Ordinance is to provide standards for the keeping of domesticated chickens. It is intended to enable residents to keep a small number of female chickens on a noncommercial basis while creating standards and requirements that ensure that domesticated chickens do not adversely impact the neighborhood surrounding the property on which the chickens are kept. This Ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. 2. Permit Required An annual permit is required for the keeping of any domesticated chickens. The annual permit is personal to the permittee and may not be assigned. The fee for an annual permit to keep chickens is twenty dollars ($20.00). The fee for a renewal of an annual permit shall be ten dollars ($10.00). The fees to be paid for permits issued under this Ordinance shall be designated by resolution of the City Council. An applicant for a permit to keep chickens must demonstrate compliance with the criteria and standards in this Ordinance in order to obtain a permit. The application for a permit shall be submitted to the City Manager or his or her designee. 3. Exceptions “Agriculture” and/or “farming” practices and/or structures as defined by the Vermont State Statutes or Vermont Secretary of Agriculture shall be exempt from this Ordinance. Any use permitted as “Keeping of Livestock” under the South Burlington Land Development Regulations shall be exempt from this Ordinance. 4. Number and Type of Chickens Allowed The maximum number of chickens allowed is six (6) per lot regardless of how many dwelling units are on the lot. In the case of residential condominium buildings without individually-owned back yards, the maximum number of chickens allowed is six (6) per each such building. The maximum number of chickens allowed on land owned by a fire district is fifteen (15). Only female chickens are allowed. There is no restriction on chicken species. 5. Non Commercial Use Only Chickens shall be kept for personal use only; no person shall sell eggs or chicken meat or engage in chicken breeding or fertilizer production for commercial purposes. 6. Enclosures (A) Chickens must be kept in an enclosure, chicken tractor, or fenced area (chicken pen) at all times during daylight hours. Enclosures must be clean, dry, and odor-free, kept in a neat and sanitary condition at all times, in a manner that will not disturb the use or enjoyment of neighboring lots due to noise, odor or other adverse impact. The chicken pen must provide adequate sun and shade and must BACKYARD CHICKEN ORDINANCE 4 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 be impermeable to rodents, wild birds, and predators, including dogs and cats. It shall be constructed with sturdy wire fencing buried at least 12” in the ground or securely wrapped on all sides and the bottom. The pen must be covered with wire, aviary netting, or solid roofing. (B) Chickens shall be secured within a henhouse during non-daylight hours. The structure shall be enclosed on all sides and shall have a roof and doors. Access doors must be able to be shut and locked at night. Opening windows and vents must be covered with predator and birdproof wire of less than one (1) inch openings. The use of scrap, waste board, sheet metal, or similar materials is prohibited. The henhouse must be well-maintained. (C) Henhouses, enclosures, chicken tractors, and fenced areas shall be kept no less than twenty (20) feet from all property lines. This requirement may be reduced to five (5) feet from a property line with written approval from the neighboring property owner. Such written approval must be granted no greater than thirty (30) days prior to submittal of an application under this Ordinance. Henhouses shall not exceed thirty (30) square feet in size and may be located within a structure approved through the Land Development Regulations or be freestanding. (D) Henhouses, enclosures, chicken tractors, and fenced areas located on land owned by a fire district shall be kept no less than thirty (30) feet from all property lines. This requirement may be reduced to ten (10) feet from a property line with written approval from the neighboring property owner. Such written approval must be granted no greater than thirty (30) days prior to submittal of an application under this Ordinance. Henhouses located on land owned by a fire district shall not exceed seventy (70) square feet in size and may be located within a structure approved through the Land Development Regulations or be freestanding. (E) Henhouses, enclosures, chicken tractors and fenced areas shall only be located in rear yards if a primary residence exists on the property. For a corner lot or other property where no rear yard exists, these facilities shall be not be located any closer to a public street than the primary residence. Henhouses are not allowed to be located in any part of a home. 7. Odor and Noise Impacts Odors from chickens, chicken manure, or other chicken-related substances shall not be perceptible at the property boundaries. Perceptible noise from chickens shall not be loud enough at the property boundaries to disturb persons of reasonable sensitivity. 8. Waste Storage and Removal Provision must be made for the storage and removal of chicken manure. All stored manure shall be covered by a fully enclosed container or compost bin. No more than one, twenty (20) gallon container of manure shall be stored on any one property housing chickens. All other manure shall be removed. In addition, the henhouse, chicken pen and surrounding area must be kept free from trash and accumulated droppings. Uneaten feed shall be removed in a timely manner. 9. Lighting Only motion-activated lighting may be used to light the exterior of the henhouse. BACKYARD CHICKEN ORDINANCE 5 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 10. Predators, Rodents, Insects and Parasites The property owner and/or chicken owner shall take all necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites that may result in unhealthy conditions to human habitation may be removed by the City, through the Animal Control Officer, or any other designee, and the cost of the same shall be borne by the property owner and/or chicken owner. 11. Feed and Water Chickens must be provided with access to feed and clean water at all times; such feed and water shall be unavailable to rodents, wild birds and predators. 12. Waste Storage and Removal Provision must be made for the storage and removal of chicken manure. All stored manure shall be covered by a fully enclosed container or compost bin. No more than one, twenty (20) gallon container of manure shall be stored on any one property housing chickens. All other manure shall be removed. In addition, the henhouse, chicken pen and surrounding area must be kept free from trash and accumulated droppings. Uneaten feed shall be removed in a timely manner. 13. Enforcement Each violation of this ordinance shall be subject to a $25.00 fine; each day a violation continues shall constitute a separate offense. The city shall retain the right to inspect any property to determine whether a violation has been corrected. Any person who violates a provision of this Ordinance or who violates any condition of a permit issued hereunder shall be subject to a civil penalty of up to $800 per day for each day that such violation continues. The South Burlington Code Officer and the Animal Control Officer shall be authorized to act as Issuing Municipal Officials to issue and pursue before the Judicial Bureau 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 through the South Burlington Community Justice Center. 14. 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 BACKYARD CHICKEN ORDINANCE 6 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 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 $100 Second offense $250 Third offense $400 Fourth offense $550 Fifth and subsequent offenses $700 15. Other Relief Any violation of this ordinance may be enforceable by injunction or other action available at law. (A) In addition to the enforcement procedures available before the Judicial Bureau, the City Manager is authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue any other remedy authorized by law. (B) A permit may be revoked without reimbursement of any fee for: (i) misrepresentations on an application; (ii) violation of the provisions of this Ordinance or other City of South Burlington regulations, and failure to correct said violation upon re-inspection; or, (iii) where there is a risk to public health or safety. Any revocation or suspension pursuant to this section may be appealed to the City Council by filing a notice thereof with the secretary of the Council within ten (10) days of such revocation or suspension. (C) In addition to the penalty stated in Sec. 111, Section 14 any violation of the provisions of this Ordinance shall be grounds for an order from the City to remove the chickens and the chicken-related structures. The Health Officer or Animal Control Officer may order the removal of the chickens upon a determination that the chickens pose a health risk. If a chicken dies, it must be disposed of promptly in a sanitary manner. 16. 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. [THIS SPACE INTENTIONALLY LEFT BLANK] BACKYARD CHICKEN ORDINANCE 7 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 Adopted at South Burlington, Vermont this _______ day of _______________, 2015, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _________________________________ ______________________________ Pat Nowak, Chair Meaghan Emery __________________________________ ______________________________ Chris Shaw, Vice Chair Thomas Chittenden __________________________________ Helen Riehle, Clerk Received and recorded this ______ day of ________, 2015. ______________________________ Donna Kinville, City Clerk 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington City Council Kevin Dorn, City Manager FROM: Jim Barlow, City Attorney SUBJECT: Second Reading and Public Hearing on Proposed Amendments to the South Burlington Ordinance Regarding Licensure and Regulation of Circuses, Carnivals and Other Shows DATE: October 19, 2015 On October 19, 2015 the Council will hold the second reading and public hearing on proposed amendments to the South Burlington Ordinance Regarding Licensure and Regulation of Circuses, Carnivals and Other Shows. The proposed amendments are technical in nature and intended to accomplish the following:  Authorize the City Manager to revoke an entertainment license and allow for appeal of that revocation to the City Council. (Section 11(B))  Standardize the penalties for violation of the Ordinance and align the enforcement provisions of the Ordinance with applicable statutes. (Sections 9-11)  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. (Section 9)  Provide for establishment of license fees by resolution of the City Council (Section 7)  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. If the Council desires to pass the Ordinance amendments, then the Council may consider and pass the following motion: “I move that the City Council pass the proposed amendments to the 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com South Burlington Ordinance Regarding Licensure and Regulation of Circuses, Carnivals and Other Shows.” A clean copy of the Ordinance, with the amendments, will be provided for Council members’ signatures. Ordinance Regarding Licensure and Regulation of Circuses, Carnivals and Other Shows ENTERTAINMENT ORDINANCE 2 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 Table of Contents 1. Purpose and Authority ......................................................................................................... 3 2. Definitions ............................................................................................................................ 3 3. Regulation of Shows ............................................................................................................. 3 4. Application for License ......................................................................................................... 3 5. Approval Standards .............................................................................................................. 4 6. Approval Conditions ............................................................................................................. 4 7. License Fee ........................................................................................................................... 5 8. Exemptions ........................................................................................................................... 5 9. Enforcement ......................................................................................................................... 5 10. Civil Penalty; Waiver Fee ...................................................................................................... 5 11. Other Relief .......................................................................................................................... 6 12. Severability ........................................................................................................................... 6 ENTERTAINMENT ORDINANCE 3 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 The Council of the City of South Burlington hereby ordains: 1. Purpose and Authority This Ordinance is enacted by the City Council to promote the public health, safety and welfare of the City under the authority it is granted to regulate public entertainment activities set forth in 24 V.S.A. Section 2291 and Section 104 of the South Burlington City Charter. This Ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. 2. Definitions 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 meaning: Show. Any circus, carnival, menagerie, street show or itinerant show. “Show” shall also mean any form of live entertainment or performance open to the public such as, but not limited to, concerts, plays, dances with live music or a disc jockey, dance reviews, clowns, magicians, or comedians. 3. Regulation of Shows (A) No show shall be conducted in the City of South Burlington unless a license has been obtained from the City Manager, nor shall any show be conducted in violation of the provisions of this Ordinance. (B) A license issued under this Ordinance shall be effective on issuance and shall remain in effect until midnight on the next occurring April 30th unless the City Manager provides for expiration on an earlier date. A license which expires on April 30 shall remain in effect beyond April 30 if the holder of the license applies for a new license before April 30 and the application for new license is pending before the City Council on April 30. 4. Application for License (A) An application for a license under the provisions of this Ordinance shall be filed with the City Manager at least twenty-one (21) days before the date set for the opening of the show. (B) Such application shall include: (1) The name of the owner and operator. (2) A site plan indicating location, and distance from the nearest residences, fire hydrants, state and local highways, overhead electrical and telephone wires, entrances and exits to shopping centers and other public places. (3) The intended hours of operation, and the number of days that the show will be conducted. (4) Description of the show, including a list of each item of proposed exhibit or entertainment. ENTERTAINMENT ORDINANCE 4 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 (5) Any other information required by the City Council or the City Manager. 5. Approval Standards Prior to the issuance of any license under this ordinance, the City Manager shall determine that the proposed show satisfies the following standards: (1) The proposed show is in conformance with any applicable City ordinances including the South Burlington Land Development Regulations; (2) The proposed show will not result in undue adverse traffic congestion and unsafe conditions regarding the use of public roads. (3) The proposed show will not present or create a threat to the safety of persons or property because of fire, explosion or other hazard. (4) The proposed show will not create unhealthy conditions regarding water supply, sewage disposal or solid waste disposal. (5) The proposed show will not interfere with the use of neighboring property for its customary use by the creation of noise, dust, noxious odors, lighting or other activities which extend beyond the boundary of the activity. (6) The proposed show will not overburden the public infrastructure of the City. Special attention shall be given to the cumulative impacts of other activities which may be occurring at the same time. (7) The proposed show will not have an adverse effect on public health, safety, welfare and convenience of the inhabitants of the City. 6. Approval Conditions When issuing a license under this ordinance, the City Manager may attach such reasonable conditions as the City Manager may deem appropriate to mitigate or eliminate any impacts reviewable under the Approval Standards set forth above. Such conditions may include but are not limited to: (1) Establishing specific hours for the proposed show. (2) Establishing noise limits. (3) Requiring the provision of traffic control personnel at no cost to the City. ENTERTAINMENT ORDINANCE 5 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 (4) Requiring the provision of crowd control and medical personnel at no cost to the City. (5) Requiring the provision of firefighting equipment and personnel at no cost to the City. (6) Requiring the posting of security bonds or escrow accounts to ensure compliance with applicable ordinances and license conditions. (7) Requiring that trash and litter on public streets attributable to the proposed activity be collected and removed at no cost to the City. (8) Restricting or prohibiting the consumption of alcoholic beverages in connection with any regulated activity. (9) Prohibiting the sale of admission or seating tickets in excess of the established capacity of the event area. 7. License Fee The fees to be paid for licenses issued under this Ordinance shall be designated by resolution of the City Council. The fee for any license shall be $25.00 which shall be paid at the time of filing the application. 8. Exemptions Activities conducted by schools licensed by the State Department of Education and/or churches, on school or church grounds, are exempt from the requirement to obtain a license and pay a permit fee. 9. Enforcement Any person who violates a provision of this civil ordinance or who violates any condition of a license issued hereunder 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. 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. 10. Civil Penalty; Waiver Fee An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation: ENTERTAINMENT ORDINANCE 6 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 First offense $160 Second offense $320 Third offense $480 Fourth offense $640 Fifth and subsequent offenses $800 Offenses shall be counted on a calendar year basis. 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 $100 Second offense $250 Third offense $400 Fourth offense $550 Fifth and subsequent offenses $700 Offenses shall be counted on a calendar year basis. 11. Other Relief (A) In addition to the enforcement procedures available before the Judicial Bureau, the City Manager is authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue any other remedy authorized by law. (B) Any license issued under this Ordinance may be revoked by the City Council Manager, for just cause, after notice to the license holder and provision of an opportunity for a hearing before the City Council Manager. Any revocation pursuant to this section may be appealed to the City Council by filing a notice thereof with the Clerk of the Council within ten (10) days of such revocation. 12. Severability Any part or provision of this ordinance shall be considered severable and the invalidity of any part or section will not be held to invalidate any other part or provision of the ordinance. Section 14. Repeal of Prior Ordinances, Existing Licenses This ordinance repeals and replaces any prior Ordinance Regarding Licensure and Regulation of Circuses, Carnivals and Other Shows, and any amendment thereto, in force at the time this ordinance takes effect. However, any existing license issued by the City Council under the Ordinance Regarding Licensure and Regulation of Circuses, Carnivals and Other Shows repealed hereby, shall remain in force and effect until April 30, 2015, unless the City Council has provided ENTERTAINMENT ORDINANCE 7 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 for expiration of the license on an earlier date under Section 2(b) or unless said license is revoked by the City Council under Section 2(c). Adopted at South Burlington, Vermont this _______ day of _______________, 2015, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _________________________________ ______________________________ Pat Nowak, Chair Meaghan Emery __________________________________ ______________________________ Chris Shaw, Vice Chair Thomas Chittenden __________________________________ Helen Riehle, Clerk Received and recorded this ______ day of ________, 2015. ______________________________ Donna Kinville, City Clerk 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington City Council Kevin Dorn, City Manager FROM: Jim Barlow, City Attorney SUBJECT: Second Reading and Public Hearing on Proposed Amendments to the Ordinance Regulating Conduct in South Burlington Parks DATE: October 19, 2015 On October 19, 2015 the Council will hold the second reading and public hearing on proposed amendments to the Ordinance Regulating Conduct in South Burlington Parks. Most of the proposed amendments are technical in nature and intended to accomplish the following:  Standardize the 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.  Authorize the Director of Recreation and Parks to revoke permits and provide for appeal of that revocation to the City Council.  Standardize the Ordinance’s organization, formatting and font. Proposed amendments to section 13 and 16(D) authorize the Director of Recreation and Parks to establish closed areas within City parks and provide that a person who enters the closed area of a park will be liable to the City for expenses incurred by the City to provide rescue, medical or other services to such person for circumstances or injuries which result from entrance into, or use of, the closed area. Proposed deletions are indicated with strikethrough. Additions are indicated with underline. Non-substantive changes to organization, grammar, spelling, capitalization, and section titles 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com are not specifically indicated. A copy of the Ordinance with the proposed amendments is attached. If the Council desires to pass the Ordinance amendments, then the Council may consider and pass the following motion: “I move that the City Council pass the proposed amendments to the Ordinance Regulating Conduct in South Burlington Parks.” A clean copy of the Ordinance, with the amendments, will be provided for Council members’ signatures. Ordinance Regulating Conduct in South Burlington Parks PARKS ORDINANCE 2 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 Table of Contents 1. Purpose and Authority ......................................................................................................... 3 2. Definitions ............................................................................................................................ 3 3. General Provisions ................................................................................................................ 3 4. Conduct ................................................................................................................................ 3 5. Camping; Boating; Fishing; Bathing ...................................................................................... 4 6. Fires ...................................................................................................................................... 4 7. Refuse ................................................................................................................................... 4 8. Traffic .................................................................................................................................... 4 9. Recreation Path .................................................................................................................... 5 10. Animals; Plants; Wildlife ....................................................................................................... 6 11. Hours and Fees ..................................................................................................................... 6 12. Permit System ...................................................................................................................... 6 13. Closed Areas ......................................................................................................................... 7 14. Enforcement ......................................................................................................................... 7 15. Civil Penalty; Waiver Fee ...................................................................................................... 8 16. Other Relief .......................................................................................................................... 8 17. Severability ........................................................................................................................... 9 PARKS ORDINANCE 3 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 The Council of the City of South Burlington hereby ordains: 1. Purpose and Authority This Ordinance is enacted by the City Council pursuant to authority it is granted under 24 V.S.A. Chapter 67, 24 V.S.A. Section 2291, and Section 104 of the South Burlington City Charter. The purpose of this Ordinance is to ensure all citizens of South Burlington that the parks of the City will be clean, safe and enjoyable places for people to engage in the recreation pursuits of their choice. This Ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. 2. Definitions 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 meaning: Park All recreation facilities and lands regarding which the City of South Burlington holds a legal interest for open space and recreation use, whether such lands are developed or undeveloped. “Park” includes, but is not limited to, playgrounds, open spaces, conservation areas, recreation and bicycle paths, trails, beaches, pathways, as well as public parks. “Park” shall also include property regarding which the South Burlington School District holds a legal interest at such time as the District provides the City Council with written authority to regulate conduct on such property and the Council by resolution accepts said authority. Recreation and bicycle paths shall not include roadways identified by the City as “bicycle routes” where a bicycle path or lane is not specifically defined on such roadway. 3. General Provisions (A) City Parks will be operated, maintained and supervised by the South Burlington Recreation Department. (B) Visitors use the South Burlington Parks at their own risk. The City is not responsible for theft, personal injury, property damage or any other loss. Such losses, however, should be reported to the City Recreation and Police Departments. 4. Conduct (A) It shall be unlawful to post bills, cut, deface, write upon, remove or destroy any tree, shrub, rock, signs, buildings, tables, benches, fireplaces, grills or other structures or equipment, facilities or park property, or appurtenances whatsoever. (B) No person shall engage or participate in, aid, form, or organize any assembly or group, or make speeches, or conduct programs of entertainment in any City Park unless a permit has been issued pursuant to Section 12 hereof and said permit is carried by the person directing or leading such activity. This subdivision does not apply to educational activities of students under school direction, or to government agency activity within the scope of the functions of such agency. (C) No person shall disturb the peace, endanger the public safety, use obscene or profane language or prevent the use of City Parks by others. PARKS ORDINANCE 4 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 (D) Drinking of alcoholic beverages in City Parks is strictly forbidden, unless the individual is a member of a group that has been issued a permit by the Recreation Department pursuant to Section 12 hereof, and such permit specifically sanctions the drinking of alcoholic beverages. (E) Firearms of any description, air rifles, gas weapons, slingshots, bows and arrows, firecrackers, and explosives are prohibited and shall not be displayed or discharged in City Parks. Firework displays may be permitted by permit. 5. Camping; Boating; Fishing; Bathing (A) Overnight camping is prohibited unless such activity is confined to areas specifically designated by the Recreation Department for that purpose. (B) Boating and fishing are not permitted in any area designated for swimming use. (C) Bathing and swimming are allowed only in areas designated, and all persons swimming or bathing do so at their own risk. Changing clothes except in bathhouses provided by the Recreation Department is prohibited. Use of inflatable or other types of swimming aids is prohibited except in areas designated for such purpose by the Recreation Department. 6. Fires (A) Fires shall be built only in outdoor fireplaces provided by the City or in grills in designated picnic areas. There will be no fires on the trail system. (B) Portable stoves may be used only in designated picnic areas. Such stoves, when in use, shall be placed on charcoal grills or outdoor fireplaces, and not upon the ground, adjacent woods, refuse receptacles, picnic tables or benches. (C) Fires shall not be left unattended. 7. Refuse (A) Refuse, rubbish, garbage or other trash of any nature shall not be left in City Parks except in receptacles where provided. (B) No glass containers are permitted within Park boundaries. (C) No person shall pollute the waters of any City Park through the deposit of any foreign material therein. 8. Traffic (A) Pedestrians have the right of way on all Park roads. (B) All persons driving motorized vehicles shall obey all traffic signs and directions of Park employees and shall park only in areas designated for that purpose. (C) The speed limit on all Park roads is 15 M.P.H. unless otherwise designated. (D) Where an entrance gate and attendant’s booth has been provided at any City Park, operators of motor vehicles entering such Parks shall pay the requested fee and retain the ticket received from the attendant as a receipt. PARKS ORDINANCE 5 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 (E) Motor vehicles, including motorcycles and motorbikes, are prohibited on foot trails and other areas other than on roads maintained for public vehicular traffic. Bicycles may be used only on designated trails at designated times. (F) All-terrain vehicles (ATV) and snowmobiles are not permitted within the boundaries of City Parks, except within areas designated for such use by the City Recreation Department. 9. Recreation Path (A) All motorized vehicles of every kind and description are prohibited from driving on the South Burlington Recreation Path, except as follows: (1) Emergency response vehicles and authorized City maintenance and enforcement vehicles; (2) Vehicles crossing the path at designated crossing points such as intersections and driveways; (3) Vehicles traveling on Lindenwood Drive, to the extent necessary to avoid potential conflicts with other vehicles; and (4) Motorized wheelchairs. (B) Skateboards and horses are prohibited from the Recreation Path. (C) Racing of bicycles is prohibited on the recreation path, unless approved by the Director of the Recreation and Parks Department. (D) Pedestrians have the right of way on the Recreation Path. (E) Users of the recreation path shall observe and obey the following rules: (1) All users shall stay to the right side of the path except when passing. (2) Passing shall be done on the left of the person(s) being passed. Users shall warn others prior to passing them by announcing “passing to your left” or some other suitable warning. (3) Users shall travel single file when necessary for safety. (4) Users shall obey all applicable traffic rules and regulations, including coming to a complete stop at all stop signs. (5) Bicyclists shall stop at all stop signs, and shall walk their bicycles in any area posted for walking only. (6) All users shall travel only at such speeds and in such a manner as is safe under the circumstances, including current weather conditions and the condition of the path surface. (F) All dogs must be leashed on a maximum 6’ leash. Dog droppings feces shall be removed from the Recreation Path and the right-of-way by the person responsible for the dog. (G) No person shall have use of the Recreation Path for commercial purposes unless first receiving the express approval of the City Council. (H) No person shall litter on or adjacent to the Recreation Path. PARKS ORDINANCE 6 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 (I) Violations of Section 7(a) shall carry a maximum fine of no more than $500 for each violation, each violation shall constitute a separate offense. Other violations are enforced under Section 10(a) of this Ordinance. 10. Animals; Plants; Wildlife (A) Except where prohibited under Subsection (E) below, domestic animals are permitted within the City Park boundaries when under the control of the owner. (B) Horseback riding is prohibited within City Parks, except in areas specifically designated for such purpose by the Recreation Department. (C) Within the boundaries of any Park, trees, shrubs, flowers, ferns, or other plants shall not be lifted or picked by park visitors. No stones, rocks, birds or animals shall be removed. Removal of bark from trees by any means whatsoever is prohibited. Cutting and removal of firewood is prohibited unless specifically authorized in writing by the Recreation Director of Recreation and Parks or City Manager. Axes, hatchets, shovels, chainsaws, picks, handsaws, and all other tools used to dig, cut or build are specifically prohibited within City Parks except where expressly authorized by way of a permit issued pursuant to Section 12. (D) No person shall disturb or injure any animal within the confines of a City Park, nor disturb any animal habitat. (E) Domestic animals shall be prohibited at all times from the beach area at Red Rocks Park and the adjoining water of Lake Champlain. Dogs must be under owner control by a leash no longer than six feet (6’) at all times when in Red Rocks Park, Dorset Park, or on recreation or bicycle paths. 11. Hours and Fees (A) City Parks, including roads and parking areas, shall be open only during the times indicated at park entrances or as otherwise established by the Recreation Department. (B) Cars and other types of motor vehicles left in City Parks after hours, or in unauthorized areas will be towed away at the owner’s expense. (C) Reasonable fees may be assessed by the Recreation Department for the entry of vehicles onto Park lands and for the use of City Parks by individuals. The Recreation Department Director of Recreation and Parks shall establish a schedule of such fees and post said schedule at Park entrances. 12. Permit System (A) A permit must be obtained through the system outlined in this section before any person engages in the activity described in Sections 2.B. 4(B),(D),(E) and 10(C). (B) Application shall be made to the Recreation Department prior to the proposed activity date. (C) Application shall be made on a form provided by the Recreation Director of Recreation and Parks, specifying the name, address, and phone number of the applicant, the name of the sponsoring organization, if any, the date and the type of proposed activity, the Park which has been requested, the estimated attendance, and the hours during which the activity is to be conducted. PARKS ORDINANCE 7 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 (D) The Recreation Director of Recreation and Parks or his or her designee shall issue a permit if the applicant’s use will not materially interfere with the enjoyment and use of City Parks by the general public based on consideration of whether the applicant’s activity: (1) Will detract from residents’ entitlement to recreation opportunities (2) Will unreasonably infringe on public health, safety or welfare (3) Will conflict with facilities reserved for other uses (4) Will interfere with traffic or burden policy services (5) Is likely to cause personal or property injury, incite violence, crime, or disorderly conduct (6) Is for the primary purpose of advertising products, goods or events, or for purely private profit (E) The Recreation Director of Recreation and Parks may impose reasonable conditions upon the issuance of a permit. (F) A fee may be imposed by the Recreation Director of Recreation and Parks as a condition to the issuance of a permit in relation to fund raising activity or for the purpose of defraying the costs of cleanup, either before or after the proposed activity. (G) As a condition of the issuance of a permit, the Recreation Director of Recreation and Parks may, at his or her discretion, require the posting of a bond to cover possible damages to any City property and may require the individual or group to have in attendance a law enforcement officer. (H) The Recreation Director of Recreation and Parks shall act on an application within five business days of the receipt thereof. Denial of an application shall be accompanied by a statement of reasons for such denial. An applicant may appeal the action of the Recreation Director to the City Manager or City Council. (I) Any permit is revocable for violation of this Ordinance or for breach of the conditions attached to the permit. 13. Closed Areas Any area of any Park may be declared closed to the public by the Director of Recreation and Parks at any time for any interval of time. When so closed, the Director shall cause notice to be posted at the entrances to said Park and at the closed area so as to notify the public that the area of the Park is closed. A person shall not enter, pass through, or remain in the closed area of any Park except with the written permission of the Director. 14. Enforcement (A) Any person who violates a provision of this Ordinance or who violates any condition of a permit issued hereunder shall be subject to a civil penalty of up to $800 for each violation. Any person who violates any of the provisions of the civil ordinance shall be subject to a civil penalty of up to $500 for each violation. Each day the violation continues shall constitute a separate offense. The Director of Recreation and Parks, Police Officers, Animal Control Officers and Park Attendants of the City of South Burlington shall be authorized to act as Issuing Municipal Officials to issue and pursue before the Traffic PARKS ORDINANCE 8 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 and Municipal Ordinance Judicial Bureau 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 through the South Burlington Community Justice Center. 15. Civil Penalty; Waiver Fee An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation: First offense $50 $160 Second offense $75 $320 Third offense $150 $480 Fourth offense $300 $640 Fifth and subsequent offenses $500 $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 $20 $100 Second offense $40 $250 Third offense $80 $400 Fourth offense $160 $550 Fifth and subsequent offenses $350 $700 Offenses shall be counted on a calendar year basis. 16. Other Relief (A) In addition to the enforcement procedures available before the Traffic and Municipal Ordinance 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. Council on behalf of the City of South Burlington may seek to enjoin any violation of this Ordinance or request any other relief available under the laws of the State of Vermont by instituting an appropriate action in Superior Court. (B) Park attendants Issuing Municipal Officials shall have the authority to eject from the Park any person acting in violation of any provisions of this Article Ordinance or in violation of any permit issued pursuant to this Article Ordinance. (C) A permit issued under this Ordinance may be revoked by the Director of Recreation and Parks without reimbursement of any fee for: (i) misrepresentations on an application; (ii) violation of the provisions of this Ordinance or other City of South Burlington regulation; or, (iii) where there is a risk to public health or safety. Any revocation pursuant to this section may be appealed to the City Council by filing a notice thereof with the secretary of the Council within ten (10) days of such revocation. PARKS ORDINANCE 9 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 (D) In addition to the enforcement procedures available before the Judicial Bureau, a person who enters the closed area of any Park shall be liable to the City of South Burlington for expenses incurred by the City to provide rescue, medical or other services to such person for circumstances or injuries which result from entrance into, or use of, the closed area. 14. Authority (A) This ordinance is enacted by the City Council pursuant to authority it is granted under 24 V.S.A. Section 2291 and Section 104 of the South Burlington City Charter. This ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. 17. 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 _______________, 2015, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _________________________________ ______________________________ Pat Nowak, Chair Meaghan Emery __________________________________ ______________________________ Chris Shaw, Vice Chair Thomas Chittenden __________________________________ Helen Riehle, Clerk Received and recorded this ______ day of ________, 2015. ______________________________ Donna Kinville, City Clerk 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington City Council Kevin Dorn, City Manager FROM: Jim Barlow, City Attorney SUBJECT: Second Reading and Public Hearing on Proposed Amendments to the South Burlington Public Indecency Ordinance DATE: October 19, 2015 On October 19, 2015 the Council will hold the second reading and public hearing on proposed amendments to the South Burlington Public Indecency Ordinance. The proposed amendments are intended to accomplish the following:  Standardize the penalties for violation of the Ordinance and align the enforcement provisions with applicable statutes. (Sections 4-5)  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. (Section 4)  Establish that the showing of the female breast or any portion of the nipple in the act of breastfeeding an infant child does not constitute nudity under the Ordinance. (Section 2)  Include a severability clause (Section 7)  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. If the Council desires to pass the Ordinance amendments, then the Council may consider and pass the following motion: “I move that the City Council pass the proposed amendments to the 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com South Burlington Public Indecency Ordinance.” A clean copy of the Ordinance, with the amendments, will be provided for Council members’ signatures. Public Indecency Ordinance PUBLIC INDECENCY ORDINANCE 2 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 Table of Contents 1. Purpose and Authority ......................................................................................................... 3 2. General Definitions ............................................................................................................... 3 3. Public Indecency ................................................................................................................... 3 4. Enforcement ......................................................................................................................... 3 5. Civil Penalty; Waiver Fee ...................................................................................................... 4 6. Other Relief .......................................................................................................................... 4 7. Severability ........................................................................................................................... 4 PUBLIC INDECENCY ORDINANCE 3 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 The Council of the City of South Burlington hereby ordains: 1. Purpose and Authority This Ordinance is enacted pursuant to the authority granted the City to promote the public health, safety, welfare, and convenience contained in 24 V.S.A. Section 2291, and Section 104 of the South Burlington City Charter. It is the purpose of this Ordinance to regulate public indecency, including public nudity, which is deemed to be a public nuisance. This Ordinance shall be a civil ordinance within the meaning of 24 V.S.A. Chapter 59. 2. General Definitions 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 meaning: Nudity The showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion of the nipple, or the depiction of covered male genitals in a discernibly turgid state. The showing of the female breast or any portion of the nipple in the act of breastfeeding an infant child does not constitute nudity. 3. Public Indecency (A) No person shall knowingly or intentionally in a public place: (1) engage in sexual intercourse; (2) appear in a state of nudity; (3) fondle his/her genitals; or (4) fondle the genitals of another person. (B) No person who owns, leases or controls property shall knowingly allow any person to engage in the conduct described in subparagraph (A) above at any time such property is open to the public. 4. 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 for each violation. Each day the violation continues shall constitute a separate offense. Police Officers of the City of South Burlington shall be authorized to act as Issuing Municipal Officials to issue and pursue before the Traffic and Municipal Ordinance Judicial Bureau a municipal complaint. A municipal complaint may, at the discretion of the Issuing Municipal Official, be dismissed upon the successful completion of a reparative justice program through the South Burlington Community Justice Center. PUBLIC INDECENCY ORDINANCE 4 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 5. Civil Penalty; Waiver Fee An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation: First offense $100 160 Second offense $200 320 Third offense $300 480 Fourth offense $400 640 Fifth and subsequent offenses $500 800 Offenses shall be counted on a calendar year basis. 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 $50 100 Second offense $125 250 Third offense $200 400 Fourth offense $275 550 Fifth and subsequent offenses $350 700 Offenses shall be counted on a calendar year basis. 6. Other Relief In addition to the enforcement procedures available before the Traffic and Municipal Ordinance Judicial Bureau, the City Manager is authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue any other remedy authorized by law. 7. 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. [THIS SPACE INTENTIONALLY LEFT BLANK] PUBLIC INDECENCY ORDINANCE 5 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 Adopted at South Burlington, Vermont, this ______ day of ____________________, 2015, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _____________________________________ ___________________________________ Pat Nowak, Chair Meaghan Emery _____________________________________ ____________________________________ Chris Shaw, Vice-Chair Thomas Chittenden _____________________________________ Helen Riehle, Clerk Received and recorded this ______ day of ________________________, 2015. _____________________________________ Donna Kinville, City Clerk 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington City Council Kevin Dorn, City Manager FROM: Jim Barlow, City Attorney SUBJECT: Second Reading and Public Hearing on Proposed Amendments to the South Burlington Public Nuisance Ordinance DATE: October 19, 2015 On October 19, 2015 the Council will hold the second reading and public hearing on proposed amendments to the South Burlington Public Nuisance Ordinance. The proposed amendments are intended to accomplish the following:  Remove the two call requirement for noise complaints to be addressed by the South Burlington Police Department during the 7 AM to 10 PM hours. (Section 3(B))  Clarify language to allow a municipal complaint (i.e. ticket) be issued to each resident where a party or social event producing unreasonably loud noise is held. (Section 3(B)(3))  Authorize dismissal of a municipal complaint upon the successful completion of a restorative justice program through the South Burlington Restorative Justice Center. (Section 7)  Provide for notification of the landlord if a noise violation occurs (Section 3(D)).  Standardize the penalties for violation of the Ordinance and align the enforcement provisions with applicable statutes. (Sections 8-10)  Standardize the Ordinance’s organization, formatting and font.  Add a severability clause. 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. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com If the Council desires to pass the Ordinance amendments, then the Council may consider and pass the following motion: “I move that the City Council pass the proposed amendments to the South Burlington Public Nuisance Ordinance.” A clean copy of the Ordinance, with the amendments, will be provided for Council members’ signatures. Public Nuisance Ordinance NUISANCE ORDINANCE 2 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 Table of Contents 1. Purpose and Authority ......................................................................................................... 3 2. General Definitions ............................................................................................................... 3 3. Excessive Noise ..................................................................................................................... 3 4. Urination and Defecation in Streets ..................................................................................... 5 5. Defacing Buildings, Structures and Signs ............................................................................. 6 6. Improper Use of Privately Controlled Waste Containers ..................................................... 6 7. Enforcement ......................................................................................................................... 7 8. Civil Penalty; Waiver Fee ...................................................................................................... 7 9. Other Relief .......................................................................................................................... 8 10. Severability ........................................................................................................................... 8 NUISANCE ORDINANCE 3 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 The Council of the City of South Burlington hereby ordains: 1. Purpose and Authority This Ordinance is enacted pursuant to the authority granted to the City to promote the public health, safety, welfare, and convenience contained in 24 V.S.A. Section 2291, and Section 104 of the South Burlington City Charter. It is the purpose of this Ordinance to preserve the public health, safety, and welfare by prohibiting general nuisance behavior which is unreasonable or unsuitable for a particular time and place, and which, consequently, is detrimental to the peace and good order of the community. It is the goal of this Ordinance to allow all persons of South Burlington to peacefully coexist in a manner which is mutually respectful of the interests and rights of each other. Typically, nuisance behavior disrupts the public peace and affects the quality of life within the community. This Ordinance shall be a civil ordinance within the meaning of 24 V.S.A. Chapter 59. 2. General Definitions 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 meaning: City The City of South Burlington and/or its duly authorized agents or employees. Person Any natural person, corporation, municipality, the state of Vermont, or any department, agency or subdivision of the state, and any partnership, unincorporated association or other legal entity. Public place A place where a governmental entity has title to or which the public or a substantial group of persons has access, including but not limited to any street, highway, parking lot, plaza, transportation structure, facility or vehicle, school place of amusement, park, playground or sidewalk or to the doorways and entrances to buildings or dwellings, or grounds enclosing them thereupon. 3. Excessive Noise (A) The purpose of this section is to preserve the public health, safety, and welfare by prohibiting excessive and disturbing noise and to prevent noise which is prolonged or unsuitable for the time and place and which is detrimental to the peace and good order of the community. It is the goal of this section to allow all persons of our city to peacefully coexist in a manner which is mutually respectful of the interests and rights of others. (B) General Prohibition. It shall be unlawful for any person to make or cause to be made any loud or unreasonable noise. Noise shall be deemed to be unreasonable when it disturbs, injures or endangers the peace or health of two or more unrelated people a person or when it endangers the health, safety or welfare of the community. Any such noise shall be considered to be a noise disturbance and a public nuisance. (C) Express Prohibitions. The following acts, which enumeration shall not be deemed to be exclusive, are declared to be noise disturbances: (1) Operating or permitting the use or operation of any musical instrument, radio, television, phonograph, or other device for the production or reproduction of sound in such a manner as to be plainly audible through walls or floors between units within the same building, NUISANCE ORDINANCE 4 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 from another property or from the street between the hours of 10:00 p.m. and 7:00 a.m. or in such a manner as to unreasonably disturb the peace, quiet or comfort of the public. (2) The operation or permitting the operation of any radio, stereo or other sound amplification equipment from a motor vehicle that is audible at twenty-five (25) feet from such vehicle. The term “motor vehicle” shall mean any car, truck or motorcycle. (3) Notwithstanding section (A3)(1B), it shall be unlawful for any person who is participating in a party or other social event to actively make unreasonably loud noise. A “party or other social event” is defined as a gathering upon the premises of one or more persons not residing at the premises. Unreasonably loud noise is noise that unreasonably interferes with the peace or health of members of the public or is plainly audible between the hours of 10:00 p.m. and 7:00 a.m. through the walls between units within the same building, from another property or from the street. It shall also be unlawful for any person resident of a premises under his or her control to allow a party or other social event occurring in or about the premises to produce unreasonably loud noise. There is a rebuttable presumption that all persons residents of the premises have allowed such party or other social event to occur in or about the premises. All persons residents of the premises are responsible for such unreasonable noise made, each having joint and several liability. (4) Operating or permitting or directing the operation of any power equipment or machinery outdoors between the hours of 9:00 p.m. and 7:00 a.m., except in emergency situations or by permission of the City Manager. (5) Noise resulting from the excavation, demolition, erection, construction, alteration or repair of any premises or structure between the hours of 9:00 p.m. and 7:00 a.m., except in emergency situations or by permission of the City Manager. (6) The use of loudspeakers or other sound amplification equipment upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or site. (7) Persons keeping or harboring any dog or cat which by frequent or long continued noise disturbs the comfort or repose of persons in the vicinity. (8) Noise related to trash pick-up and removal between the hours of 8:00 p.m. and 6:00 a.m. (C) Noise from the following sources shall be exempt from the prohibitions specified herein: (1) All safety signals and warning devices or any other device used to alert persons to any emergency or used during the conduct of emergency work, including, but not limited to, police, fire and rescue vehicle sirens. (2) The repair and maintenance of municipal facilities, services or public utilities when such work must be accomplished outside daytime hours. (3) Snow removal equipment operated within the manufacturer’s specifications and in proper operating condition. (4) Musical, recreational and athletic events conducted by and on the site of a school, educational institution, park, or recreational area. NUISANCE ORDINANCE 5 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 (5) Events and activities conducted by or permitted by the City. Persons operating an event or activity under authority of an entertainment permit, parade/street event permit, or parks special use permit shall comply with all conditions of such permits or licenses with respect to noise control issues. (6) Construction or repair work which must be done to address an emergency health or safety concern and that cannot be accomplished during daytime hours and which is not work which includes normal maintenance and repair. (7) Any other specific function as approved by the City Manager. (D) The City may notify the owner of any property upon which a violation of this section has occurred and a person has been issued a municipal complaint pursuant thereto that such complaint has been issued. (C) Enforcement. (1) First offense. A first offense of any provision of this section by a person during any twenty-four-month period shall be deemed a civil ordinance violation and shall be punishable by a penalty of a minimum fine of two hundred dollars ($200.00) to a maximum fine of five hundred dollars ($500.00), which may, at the discretion of the prosecuting official, be waived in whole or in part upon the successful completion of a City approved restorative or reparative justice program or other community service. The waiver penalty for a first offense of any provision of this section by a person during any twenty-four (24) month period shall be a fine of two hundred dollars ($200.00). (2) Second offenses. A second offense during a twenty-four (24) month period shall be deemed to be a civil offense and shall be punishable by a minimum fine of three hundred dollars ($300.00) to a maximum fine of five hundred dollars ($500.00) which may, at the discretion of the prosecuting official, be waived in whole or in part upon the successful completion of a City approved restorative or reparative justice program or other community service. The waiver penalty shall be a fine of three hundred dollars ($300.00). (3) The third and any subsequent offense within a twenty-four (24) month period shall be deemed a civil offense and shall be punishable by a fine of five hundred dollars ($500.00). (4) Any law enforcement officer or authorized municipal official may issue a municipal complaint ticket for offenses of the noise control ordinance. State law references: Noise in the nighttime, 13 V.S.A. § 1022; Disorderly conduct, 13 V.S.A. § 1026. 4. Urination and Defecation in Streets No person shall urinate or defecate on any street, in a park or other public place, except in facilities specifically provided for this purpose. Such practice is hereby declared to be a public nuisance. (B) Enforcement. (1) First offense. A first offense of any provision of this section by a person during any twenty-four (24) month period shall be deemed a civil ordinance violation and shall be NUISANCE ORDINANCE 6 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 punishable by a penalty of a minimum fine of fifty dollars ($50.00) to a maximum fine of five hundred dollars ($500.00). The waiver penalty for a first offense of any provision of this section by a person shall be a fine of fifty dollars ($50.00). (2) Second offenses. A second offense during a twelve (12) month period shall be deemed to be a civil offense and shall be punishable by a minimum fine of one hundred dollars ($100.00) to a maximum fine of five hundred dollars ($500.00). The waiver penalty shall be a fine of one hundred dollars ($100.00). (3) The third and any subsequent offense within a twelve (12) month period shall be deemed to be a civil offense and shall be punishable by a minimum fine of two hundred dollars ($200.00) to a maximum fine of five eight hundred dollars ($5 800.00). The waiver penalty shall be a fine of two hundred dollars ($200.00). 5. Defacing Buildings, Structures and Signs Defacing buildings, structures and signs prohibited. No person shall apply or cause to be applied any paint, varnish, lead, crayon, wax, ink, dye or other indelible substance, nor shall any person carve, chisel or write any figure or letter on the exterior or interior walls or on the windows of any building or structure or deface any sign without having first secured authority from the owner of such building or his duly authorized agent to do so. Such practice is hereby declared to be a public nuisance. (B) Enforcement. (1) First offense. A first offense of any provision of this section by a person during any twenty-four (24) month period shall be deemed a civil ordinance violation and shall be punishable by a penalty of a minimum fine of fifty dollars ($50.00) to a maximum fine of five hundred dollars ($500.00), which may, at the discretion of the prosecuting official, be waived in whole or in part upon the successful completion of a City approved restorative or reparative justice program or other community service. The waiver penalty for a first offense of any provision of this section by a person shall be a fine of fifty dollars ($50.00). (2) Second offense. A second offense during a twelve (12) month period shall be deemed to be a civil offense and shall be punishable by a minimum fine of one hundred dollars ($100.00) to a maximum fine of five hundred dollars ($500.00). The waiver penalty shall be a fine of one hundred dollars ($100.00). (3) The third and any subsequent offense within a twelve (12) month period shall be deemed to be a civil offense and shall be punishable by a minimum fine of two hundred dollars ($200.00) to a maximum fine of five eight hundred dollars ($5800.00). The waiver penalty shall be a fine of two hundred dollars ($200.00). 6. Improper Use of Privately Controlled Waste Containers The dumping of household, construction, or other forms of waste in privately controlled waste containers shall be a violation of this section. (B) Enforcement. (1) First offense. A first offense of any provision of this section by a person during any twenty-four (24) month period shall be deemed a civil ordinance violation and shall be punishable by a penalty of a minimum fine of fifty dollars ($50.00) to a maximum fine of five NUISANCE ORDINANCE 7 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 hundred dollars ($500.00). The waiver penalty for a first offense of any provision of this section by a person shall be a fine of fifty dollars ($50.00). (2) Second offense. A second offense during a twelve (12) month period shall be deemed to be a civil offense and shall be punishable by a minimum fine of one hundred dollars ($100.00) to a maximum fine of five hundred dollars ($500.00). The waiver penalty shall be a fine of one hundred dollars ($100.00). (3) The third and any subsequent offense with a twelve (12) month period shall be deemed to be a civil offense and shall be punishable by a minimum fine of two hundred dollars ($200.00) to a maximum fine of five hundred dollars ($500.00). The waiver penalty shall be a fine of two hundred dollars ($200.00). 7. Enforcement (A) Any person who violates a provision of this Ordinance shall be subject to a civil penalty of up to $800 for each violation. Each day the violation continues shall constitute a separate offense. 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. Civil penalties A municipal complaint may, at the discretion of the Issuing Official, be waived in whole or in part dismissed or a civil penalty or waiver fee may be reduced, upon the successful completion of a City-approved restorative or reparative justice program through the South Burlington Community Justice Center or other community service. 8. 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 amount, 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 NUISANCE ORDINANCE 8 City of South Burlington Ordinance SECOND READING DRAFT 10/19/2015 9. Other Relief In addition to 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. 10. 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 ____________________, 2015, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _____________________________________ ___________________________________ Pat Nowak, Chair Meaghan Emery _____________________________________ ____________________________________ Chris Shaw, Vice-Chair Thomas Chittenden _____________________________________ Helen Riehle, Clerk Received and recorded this ______ day of ________________________, 2015. _____________________________________ Donna Kinville, City Clerk