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Agenda - City Council - 04/17/2017
AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall Conference Room 575 Dorset Street SOUTH BURLINGTON, VERMONT Regular Session 6:30 P.M. Monday, April 17, 2017 1. Pledge of Allegiance (6:30 – 6:31 PM) 2. Directions on emergency evacuation procedures from conference room (6:31 – 6:32 PM) 3. Agenda Review: Additions, deletions or changes in order of agenda items. (6:32 – 6:33 PM) 4. Consider entering Executive Session to discuss an ongoing civil litigation matter. (6:33 – 6:50 PM) 5. Comments and questions from the public not related to the agenda. (6:50 – 7:00 PM) 6. ***Ordinance Codification Project – Second Reading of: (7:00 – 7:30 PM) a. Fire Prevention and Fire Safety Ordinance b. Ordinance to Regulate Parades and Public Events on City Streets c. Ordinance Regarding Private Use of Streets, Sidewalks, and Public Places d. Ordinance to Regulate Unmaintained Buildings 7. Announcements and City Manager’s Report. (7:30 – 7:43 PM) 8. Consent Agenda: (7:43 – 7:45 PM) a. *** Sign Disbursement b. *** Approve Minutes for February 6th and April 3rd. 9. Update on Public Safety Communications Project Chief Brent (7:45 – 8:00 PM) 10. ***City Center Update Ilona Blanchard (8:00 – 8:15 PM) a. Public Art Selection Committee Recommendation – Market Street 11. Presentation by Snyder/Braverman – overview of City Center project (8:15 – 8:35 PM) 12. Council Members’ committee assignment reports (8:35 – 8:55 PM) 13. General discussion on Council priorities (8:55 – 9:05 PM) 14. ***March Financials - Tom Hubbard (9:05 – 9:15 PM) 15. ***Consider convening as the South Burlington Liquor Control Board to consider the following applications: (9:15 – 9:25 PM) Chicken Charlie’s (1st class), Lakeview Bar & Grill (first class), Short Stop #104 a. (2nd class), Uno’s (1st class), Koto (1st class), Applebee’s (1st class), Doubletree Hotel b. (1st class), Holiday Inn (1st class), Jiffy Mart (2nd class), Sugarsnap (1st class) c. Pulcinella’s (1st class), Van Phan Billiards (1st class), Guild Tavern (1st class), Jiffy Mart (2nd class), Hannaford’s (2nd class) Quarry Hill Club (1st class), The Rotisserie (1st class), Shaw’s Beer & Wine (2nd class), Shelburne Road Variety (2nd class), Short Stop #105 (2nd class), Simon’s Store & Deli (2nd class), Starving Artist Café (1st class), Silver Palace (1st class), Sugarhouse Bar & Grill (1st class), Trader Joe’s #527 (2nd class), Waterfront Catering Group (1st class), Zen Garden (1st class), Smokey’s Low & Slow (1st class), Barnyard (1st class), Chipotle (1st class), Gracey’s (2nd class), Halyard Brewing (1st class), Healthy Living 1st & 2nd class), Higher Ground (1st class), Jolley Assoc. #146 (2nd class), Klinger’s Bread (2nd class), Moe’s Southwest Grill (1st class), Osaka Hana (1st class), Pauline’s Café (1st class). 16. Other Business (9:25 – 9:35 PM) 17. Items held from the Consent Agenda (9:35 – 9:40 PM) 18. Consider entering Executive Session to discuss real estate issues where premature disclosure may put the City in a competitive disadvantage. (9:40 – 10:00 PM) 19. Adjourn (10:00 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. Evaluate water billing and rate structure. 5. Citizen participation in democratic process. 6. Adoption of a building code. 7. Winter parking ban Issues that have been discussed by the Council where further action is pending: 1. East Terrace Neighborhood Forum and conversion of housing into rental units. 2. Street light policy. 3. Crosswalk issues generally and on Kennedy Drive and Williston Road. 4. Committee reorganization. 5. Encouraging litter removal by businesses and the public. 6. Wastewater plant capacity and allocation. 7. Sanctuary City designation. 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. SOUTH BURLINGTON, VERMONT Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. MEMORANDUM TO: South Burlington City Council FROM: Andrew Bolduc, Esq., City Attorney, Jim Barlow, Esq. DATE: 4/17/17 RE: Second Reading of Proposed Amendments to the Fire Prevention and Fire Safety Ordinance Background The Fire Prevention and Fire Safety Ordinance establishes fire safety regulations and protocols for the inspection of public buildings in South Burlington. It provides for City enforcement of the Vermont Fire and Building Safety Code by the South Burlington Fire Marshal. The Ordinance also sets forth requirements for the installation of smoke and carbon monoxide detectors and provides regulations for special events and festivals. The City Council adopted the Fire Prevention and Fire Safety Ordinance on March 18, 2013. The current Fire Prevention and Fire Safety Ordinance is available on the City’s website. Proposed Amendments Several changes to the Fire Prevention and Fire Safety Ordinance are proposed. Most of these amendments are technical in nature and intended to accomplish the following: • Standardize the Fire Prevention and Fire Safety Ordinance’s organization, formatting, and font. • Add a severability clause. • Authorize dismissal of a municipal complaint (i.e. ticket) upon the successful completion of a restorative justice program through the South Burlington Restorative Justice Center. • Delete terms not used in the Ordinance or otherwise not requiring definition. Provisions of the City’s current Ordinance to Establish and Maintain Fire Lanes are proposed for incorporation into the Fire Prevention and Fire Safety Ordinance at Section 32. Provisions of the City’s current Outside Burning Ordinance, with some clarifying changes, have been proposed for incorporation into the Fire Prevention and Safety Ordinance at Section 33. The current Ordinance to Establish and Maintain Fire Lanes and the current Outside Burning Ordinance City are proposed for repeal at Section 41. The following additional City ordinances are also proposed for repeal in Section 41: • Ordinance to Provide for the Inspection of Electrical Installations, adopted January 4, 1971. • Ordinance for the Control and Prevention of Fire, adopted December 21, 1970, amended November 6, 1972, and November 18, 1974. • Ordinance Relating to the Use of Fire Alarm Systems, adopted January 5, 1987. Each of these ordinances has been superseded by the Fire Prevention and Fire Safety Ordinance or the current Electrical Safety Ordinance. The City Council’s amendment regarding smoke detectors, as expressed at the First Reading held on March 20, 2017, has been added to Section 15(F). Proposed deletions are indicated with strikethrough. Additions are indicated with underline. Some non-substantive changes to the organization, grammar, spelling, capitalization, and section titles are not specifically indicated. A copy of the Ordinance with the proposed amendments is attached. Recommendation After conducting a public hearing, the City Council is requested to pass the proposed amendments to the Fire Prevention and Fire Safety Ordinance. Clean copies of the Ordinance will be available for Council members’ signatures at the meeting. Fire Prevention and Fire Safety Ordinance FIRE PREVENTION AND FIRE SAFETY ORDINANCE 2 City of South Burlington Ordinance Fire Safety Ordinance Second Reading Draft Mark-up amb.docx Table of Contents 1. Purpose and Authority ................................................................................................................. 4 2. General Definitions ...................................................................................................................... 4 3. Fire Code Adoption by Reference ................................................................................................. 5 4. Appointment of the Fire Marshal ................................................................................................. 5 5. Powers and Duties of the Fire Marshal ......................................................................................... 6 6. Revocation of Appointment ......................................................................................................... 6 7. Assistant Fire Marshal(s) .............................................................................................................. 6 8. Fire Marshal to Make Inspections of Buildings.............................................................................. 6 9. Fire Marshal to be Permitted Entry into Premises ........................................................................ 6 10. Refusal to Permit Entry ............................................................................................................ 6 11. Inspections ............................................................................................................................... 7 12. Construction Permits & Plan Review ........................................................................................ 8 13. Suspension and Revocation of Permits and Stop Work Orders.................................................. 9 14. Occupant Load Certificate ........................................................................................................ 9 15. Smoke Detectors ...................................................................................................................... 9 16. Carbon Monoxide (CO) Detectors ........................................................................................... 10 17. Standpipes Required .............................................................................................................. 11 18. Sprinkler Floor Control Valves Required ................................................................................. 11 19. Stairwell Identification ........................................................................................................... 11 20. Elevators ................................................................................................................................ 11 21. Compliance with Codes Required ........................................................................................... 11 22. Fire Alarm System Malfunctions ............................................................................................. 11 23. Damage to Fire Protection Systems and Equipment ............................................................... 12 24. Intentional False Alarms ......................................................................................................... 12 25. Master FACP Key .................................................................................................................... 12 26. Fire Department Access Key Vault .......................................................................................... 13 27. Radio Coverage in Structure and Buildings ............................................................................. 13 28. Testing ................................................................................................................................... 14 29. Amplification Systems Allowed............................................................................................... 14 30. Field Testing ........................................................................................................................... 15 31. Special Events/Festivals.......................................................................................................... 15 FIRE PREVENTION AND FIRE SAFETY ORDINANCE 3 City of South Burlington Ordinance Fire Safety Ordinance Second Reading Draft Mark-up amb.docx 32. Fire Lanes ............................................................................................................................... 15 33. Outside Burning ..................................................................................................................... 16 34. Reward for Information Resulting in Conviction of Persons Burning ....................................... 17 35. Removal of Fire Hazard .......................................................................................................... 17 36. Order to Evacuate .................................................................................................................. 17 37. Enforcement ......................................................................................................................... 17 38. Civil Penalty; Waiver Fee ........................................................................................................ 17 39. Other Relief............................................................................................................................ 18 40. Fees ....................................................................................................................................... 18 41. Ordinances Repealed ............................................................................................................. 18 42. Severability ............................................................................................................................ 19 The Council of the City of South Burlington hereby ordains: FIRE PREVENTION AND FIRE SAFETY ORDINANCE 4 City of South Burlington Ordinance Fire Safety Ordinance Second Reading Draft Mark-up amb.docx 1. Purpose and Authority It is the purpose of this Ordinance to reduce, and insofar as possible, eliminate the hazards to persons and property by fire and explosion within the City of South Burlington and thereby promote the public health, safety, welfare, and convenience. This Ordinance is enacted pursuant to the authority granted to the City under 20 V.S.A. §2736, 24 V.S.A. Chapter 59, and §13-103 Sections 103 and 104 of the South Burlington City Charter. As authorized by 20 V.S.A. §2736(a), the Commissioner of the Department of Public Safety has assigned responsibility to the City for enforcement of certain rules and standards adopted under 24 V.S.A. §2731(a) as described in a Cooperative Inspection and Plan Review Agreement between the State of Vermont and the City of South Burlington, dated ______, 2013. This Ordinance shall be a civil ordinance within the meaning of 24 V.S.A. § 1971Chapter 59. 2. General Definitions Except as provided herein, the definitions contained in the Vermont Fire & Building Safety Code, as amended from time to time by the State of Vermont, Division of Fire Safety, and in the nationally recognized safety standards referenced therein, adopted by reference in Section 3 below, shall apply to this Ordinance. For the purpose of this Ordinance, the definitions contained in 20 V.S.A. §2730, including, without limitation, the definition of “public building,” shall also apply to this Ordinance. In addition, the following words, terms, and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaningthe following terms shall have the specific definitions set forth below: Authority Having Jurisdiction (AHJ) Those individuals responsible for enforcing the requirements of the Vermont Fire and Building Safety Code pursuant to a Cooperative Inspection and Plan Review Agreement between the State of Vermont and the City of South Burlington. City Shall mean the City of South Burlington City Council The legislative body of the City of South Burlington Cooperative Inspection and Plan Review Agreement The legal document that assigns responsibility for inspection and enforcement of the Vermont Fire and Building Safety Code to the City and its Fire Department. Deputy Fire Chief The individual appointed by the City Manager, in consultation with the Fire Chief, and with the consent of the City Council, to assist the Fire Chief in the management of the Fire Department and all of its functions. Dwelling Unit A building or portion thereof designed, used, constructed, or occupied as separate living quarters for one (1) household, which includes independent and exclusive cooking, sleeping, and sanitary facilities for a household, and direct access to the unit from the outside of the building or through a common hall. Unless the context indicates otherwise, this term may include single (one) family, two family, multi-family, townhouse or row-house dwellings. Emergency Vehicles Any fire truck or fire apparatus, police vehicle, ambulance, or rescue vehicle. Fire Chief The individual appointed by the City Manager, with the consent of the City Council, to manage the Fire Department and all of its functions. Fire Department The South Burlington Fire Department. FIRE PREVENTION AND FIRE SAFETY ORDINANCE 5 City of South Burlington Ordinance Fire Safety Ordinance Second Reading Draft Mark-up amb.docx Fire Marshal The individual appointed by the City Manager with the consent of the City Council, to manage the fire inspection and fire prevention functions of the Fire Department. IBC The International Building Code, a nationally recognized code that details the minimum requirements to which a building or structure shall be constructed, renovated, or altered. This code is adopted via legislative authority by state and municipal governments. National Fire Protection Association (NFPA) The organization that creates consensus documents that are nationally recognized and contain minimum-requirement fire prevention codes and standards for the protection of life and property. These requirements are adopted via legislative authority by state and municipal governments. Natural Material Any of the following, provided such material has not been painted, coated, treated or injected with preservatives, paint or oil: (a) trees and brush, including logs, trunks, branches limbs, roots and stumps; (b) lumber, including timber, logs, dimensional lumber or slabs; and, (c) leaves and garden waste. Natural Material does not include pallets, skids, plywood, particle board, chip board, or sawdust. Public Building The same meaning as defined in 20 V.S.A. §2730. Vermont Fire and Building Safety Code (Code) shall mean tThe comprehensive document comprised of state and nationally recognized codes and standards for public safety from fire, explosions, and dangerous substances, adopted by the State of Vermont pursuant to 20 V.S.A. Chapter 173. Qualified Firefighter A firefighter who has received training and instruction in the Code and its enforcement. 3. Fire Code Adoption by Reference (A) Except as otherwise provided herein, the Code, as amended from time to time by the State of Vermont, Division of Fire Safety, and all of the nationally recognized safety standards referenced therein, as amended from time to time by their promulgating authorities, and as further modified and amended by the Code, are hereby adopted by reference. (B) Specifically excluded from the above-referenced adoption by reference are any and all provisions of the Code pertaining to Boiler and Pressure Vessel Inspection (Code Section 6), Access Board Rules, and any and all provisions addressing electrical or plumbing rules and standards. (C) The provisions of this Ordinance shall not be construed to abrogate or annul the provisions of other ordinances or regulations or to impair private restrictions placed upon property. In the event there is a conflict between a provision of this Ordinance and a provision of any other ordinance or regulation of the City, the more restrictive provision shall apply. 4. Appointment of the Fire Marshal The South Burlington City Council shall appoint the Fire Marshal upon recommendation of the City Manager. Formatted: Font: Bold, Do not check spelling or grammar FIRE PREVENTION AND FIRE SAFETY ORDINANCE 6 City of South Burlington Ordinance Fire Safety Ordinance Second Reading Draft Mark-up amb.docx 5. Powers and Duties of the Fire Marshal The Fire Marshal shall have and exercise all the powers of an AHJ in making the inspections required in this chapter and shall report his or her findings to the Fire Chief. 6. Revocation of Appointment The City Manager may revoke the appointment of the Fire Marshal, for cause, at any time. 7. Assistant Fire Marshal(s) As needed, the City Manager, upon recommendation of the Fire Chief, may appoint any Qualified Firefighter(s) as Assistant Fire Marshal(s). All Assistant Fire Marshals shall be subject to the order and direction of the Fire Marshal in connection with the inspection of Public Buildings, review of plans, and other duties and functions undertaken pursuant to the Cooperative Inspection and Plan Review Agreement. The Fire Chief, Deputy Fire Chief, or Fire Marshal may revoke the appointment of an Assistant Fire Marshal at any time and without cause. 8. Fire Marshal to Make Inspections of Buildings As appropriate, the Fire Marshal or Assistant Fire Marshal shall make a careful inspection of any Public Buildings and premises within the City of South Burlington. Upon report of a citizen’s complaint or at the request of an AHJ shall inspect any building or premises complained of as being unsafe or hazardous, or containing unsafe or combustible material. 9. Fire Marshal to be Permitted Entry into Premises For the purpose of inspecting buildings and carrying out other responsibilities under this Ordinance, the Fire Marshal or Assistant Fire Marshal may, at all reasonable times, have access to and enter into any land, premises, and buildings in the City. However, prior to entering a one and two family dwelling, where the Dwelling Unit is wholly owner occupied, the Fire Marshal or Assistant Fire Marshal shall first obtain the consent of any owner of the dwelling. Where permission to enter is granted, the provisions of this Ordinance shall apply. Where permission to enter an owner-occupied one or two family dwelling is refused, the Fire Marshal or Assistant Fire Marshal shall seek a warrant or other authorization provided by law prior to entry, except in those instances where the Fire Marshal or Assistant Fire Marshal reasonably determines that an emergency situation exists. Upon request, the Fire Marshal or Assistant Fire Marshal, when making an inspection, shall provide the owner or occupant of such buildings or premises with proper identification. 10. Refusal to Permit Entry Except as provided above, no person shall refuse to allow the Fire Marshal or Assistant Fire Marshal to enter upon or into his or her premises or buildings, at a reasonable time, for the purpose of carrying out his or her responsibilities under this Ordinance. Furthermore, no person shall attempt to prevent any inspection required by this Ordinance, or obstruct such official in carrying out the provisions of this Ordinance. FIRE PREVENTION AND FIRE SAFETY ORDINANCE 7 City of South Burlington Ordinance Fire Safety Ordinance Second Reading Draft Mark-up amb.docx 11. Inspections (A) General Fire Inspections General fire inspections of Public Buildings shall be conducted by the Fire Marshal, Assistant Fire Marshal or other duly authorized personnel. (B) Violation Notices Upon finding any violation of the Code or other rules or standard adopted under this Ordinance, the Fire Marshal or Assistant Fire Marshal shall provide a written notice to the property or business owner or their designee, and a reasonable amount of time, as defined by the State Hazard Index, shall be provided for the violation(s) to be corrected. Nothing in this section shall preclude an issuing municipal official from issuing a municipal complaint, or the City from seeking criminal charges, or initiating any other legal actions authorized under this Ordinance or otherwise provided by law. (C) Re-inspection Fees There is no charge for the initial inspection or the first re-inspection if all violations are corrected. If the owner fails to correct the violations at the time of the first re-inspection, the owner shall be responsible for a re-inspection fee, as prescribed by the applicable fee schedule, for this and any subsequent re-inspections, due and payable at the beginning of the second or subsequent re-inspection. Until all fees are paid, the violations shall not be considered abated, and are subject to further penalties or legal action. Failure to pay the re-inspection fees in the time required is a violation of this Ordinance. (D) Time of Sale Inspection (1) Upon request by an owner, agent, attorney, or lender prior to the transfer of property, the Fire Marshal or Assistant Fire Marshal will conduct, subject to available resources, a “time of sale inspection” for a Public Building to insure a reasonable level of occupant safety prior to the sale of the property. Any such request for inspection shall be submitted in writing, and shall include any proposed closing date. (2) All violations identified during a time of sale inspection shall be corrected prior to occupancy of the property that has been transferred as a result of the sale. (3) Any party requesting a time of sale inspection shall pay the fees set forth in the applicable fee schedule. (4) The inspection fees shall apply to the property for the initial inspection and one (1) re- inspection. (5) Any additional re-inspections shall be subject to a re-inspection fee as prescribed in the fee schedule for each subsequent visit, prior to the commencement of the inspection. (6) A time of sale inspection shall be valid for the period of one (1) year from the date of inspection or for one (1) transfer of ownership, unless subsequent transfers of ownership are to an affiliated person or entity, in which case the inspection shall continue to be valid for one (1) year from the date of inspection. (E) Inspections for the Sale of Consumption of Alcohol (1) To the extent consistent with or as required by any rules of the State Liquor Control Board, any Public Building in which alcohol is offered to the public for consumption or sale shall have a valid fire safety inspection completed prior to the issuance of the state license. (2) Public Assembly Occupancy Load Certificates shall be required for all Public Buildings in which alcohol is served that have a total occupancy capacity of fifty (50) or more patrons and staff. FIRE PREVENTION AND FIRE SAFETY ORDINANCE 8 City of South Burlington Ordinance Fire Safety Ordinance Second Reading Draft Mark-up amb.docx (F) Lien All expenses, fees, costs, or charges assessed pursuant to this section shall also be a lien upon the real estate, which may be enforced in the same manner as a tax lien under 32 V.S.A. §5061 provided the lien is duly recorded in the office where the land records are kept. 12. Construction Permits & Plan Review (A) The owner of a Public Building, or a designated representative of the owner, shall obtain a construction permit before commencing any construction, addition, alteration, demolition, or the installation of fixed building equipment at the building site unless waived by the AHJ. (B) Additionally, all construction projects requiring installation of a fire alarm, fire suppression system, or other fire protection system shall require a separate permit prior to installation of the system. (C) To obtain a construction permit, an applicant shall provide legible construction documents related to the work and equipment under consideration. As appropriate, construction plans and documents shall be prepared by a registered design professional, stamped and signed, where required by 26 V.S.A. Chapters 3 and 20. Such plans shall otherwise comply with the requirements of Section 7 of the Code. Fire prevention, protection, and alarm system plans shall include a floor plan with device locations, a wiring riser diagram, a complete equipment list and specifications, the type of occupancy proposed, known hazards and /or unusual building features, and any other information required by the Code. (D) Without limiting any of the foregoing, project plans shall also be submitted to the Fire Marshal for approval prior to undertaking any of the following: (1) Whenever new equipment is installed in a Public Building; (2) Changes to places of assembly, including bars and restaurants; (3) Construction of tents or other temporary structures for public use over one thousand two hundred (1,200) square feet in size; (4) Construction or erection of grandstands or bleachers; and, (5) Any activity involving the use of hazardous processes, such as spraying flammable liquid, explosives storage, or manufacturing or flammable liquid storage. (E) The Fire Marshal shall review plans, make inspections, and issue a permit for the system within 30 days of plan submission, which period may, upon notification to the applicant, be extended. Plans for systems with contracted costs valued at less than twenty thousand dollars ($20,000) may be eligible for an expedited process. The Fire Marshal’s schedule shall dictate the availability of this service. Plans accepted for this expedited process will be reviewed within ten (10) business days. Plans may be approved, rejected or be required to be amended for compliance with this Ordinance and the Code. No plan shall be approved or permit issued unless all fees have been paid and all conditions satisfied. The period for review shall not commence until all required documents have been received by the Fire Marshal. (F) A tent permit shall be required for any tent larger than two hundred (200) square feet erected on public property or in the a public way. Any tent one thousand two hundred (1,200) square feet or larger, regardless of location, shall require a tent permit. FIRE PREVENTION AND FIRE SAFETY ORDINANCE 9 City of South Burlington Ordinance Fire Safety Ordinance Second Reading Draft Mark-up amb.docx 13. Suspension and Revocation of Permits and Stop Work Orders The Fire Marshal’s Office may suspend permits, issue a stop work order and/or order a property vacated where a threat to public safety or other exigent circumstance exist. Such permits may be revoked, and future permits denied, when an individual, partnership, firm, corporation, or other legal entity is convicted of multiple violations of the fFire cCode, ordinances, or otherwise demonstrates a pattern of incompetence. The failure to stop work when so ordered shall be a violation punishable pursuant the provisions of this Ordinance and applicable law, including 20 V.S.A. §2734, as amended from time to time. 14. Occupant Load Certificate (A) Annual Inspection On an annual basis, the Fire Marshal’s office shall inspect any occupancy or premises involved in the sale of alcohol and/or each place of assembly in the City to determine the maximum number of occupants that should be permitted at each location, as determined by the capacity and egress requirements of this Ordinance and the Code. For purposes of this section, a place of assembly is defined as a room or space, including all connected rooms or spaces, with a common means of egress, accommodating fifty (50) or more individuals, for civic, social, or amusement purposes, or for the consumption of food and drink. (B) Posting of Certificate Every occupancy or premises and place of assembly referenced above shall obtain a certificate from the Fire Marshal’s office stating the maximum number of occupants permitted at the site. The business and/or property owner shall be responsible for installing the certificate in a conspicuous public location at the site and shall be responsible for the proper maintenance of the certificate. 15. Smoke Detectors Each and every building or structure where people routinely sleep, including owner-occupied one and two family residences, shall meet the following requirements for smoke detectors/alarms: (A) Smoke detectors/alarms shall be installed in the following, areas: (1) In every sleeping room or area; (2) Outside every sleeping room or area in the immediate vicinity of the sleeping room or area; and (3) On all levels of the building or structure, includes basements but excluding crawl spaces and unfinished attics. (4) Notwithstanding the above installation locations, detectors/alarms shall not be located within kitchens or garages or in other spaces where temperatures can fall below forty (40) degrees F (four (4) degrees C) 40°F (4°C) or exceed one hundred (100) degrees F (thirty-eight (38) degrees C) 100°F (38°C). Detectors/alarms shall not, unless specifically listed for the application, be located closer than three (3) feet (0.9m) (3’) horizontally from: (a) The door to a kitchen;. (b) The door to a bathroom containing a tub or shower.; or FIRE PREVENTION AND FIRE SAFETY ORDINANCE 10 City of South Burlington Ordinance Fire Safety Ordinance Second Reading Draft Mark-up amb.docx (c) The supply registers of a forced air heating or cooling system or the immediate airflow from those registers. (B) Smoke detectors/alarms shall be the photoelectric-only type and shall receive their operating power from the building or structure’s electrical system (A/C) and from a battery (D/C) when the building electrical system power is interrupted. (C) Smoke detectors/alarms within each dwelling or rooming unit shall be interconnected so smoke detected by one smoke detector will sound the alarms of all detectors within that dwelling or rooming unit. (D) Smoke detectors/alarms shall be approved or listed by a nationally recognized testing or listing agency for the purposes for which they are intended. (E) Smoke detectors/alarms shall be properly installed and shall be maintained in good working condition. (F) Wireless interconnected smoke alarms shall be acceptable in wholly owner-occupied one and two family residences (i.e., residences with no non-family occupants). Smoke detectors/alarms shall be interconnected by hard wiring, except that wireless interconnected smoke detectors shall be allowed in wholly-owner occupied one family residences. In an existing wholly owner occupied, single family home that is not rented in part or in whole, built prior to January 1, 1994, and with no significant remodel or renovation to the dwelling after January 1, 1994, battery operated, wirelessly interconnected, photo smoke alarms are allowed. Placement and location of the photo smoke alarms shall comply with Section 16 (A) – (E). Effective date: Unless an extension is granted by the South Burlington Fire Marshal’s Office, the provisions of this section shall take effect on January 2, 2014 or at the time of any transfer of ownership, if such transfer is completed prior to January 2, 2014. 16. Carbon Monoxide (CO) Detectors (A) Carbon monoxide detectors which are UL 2034 listed or approved by a nationally recognized independent testing laboratory shall be installed in all new and existing buildings in which people routinely sleep, including where people rent accommodations whether for overnight or for a longer term, condominiums, multiple unit dwellings, and other occupancies in which there are rooms or spaces in which sleeping is permitted, including single and two family owner-occupied houses and premises. Such installation shall be in the vicinity of the sleeping areas and on every floor of the dwelling, installed in accordance with the manufacturer’s instructions and state law. (B) CO alarms within each dwelling or rooming unit shall be interconnected so that CO detected by one (1) CO detector sounds the alarms of all CO detectors within that dwelling or rooming unit. (C) The owner of all existing buildings in which people sleep, including where people rent accommodations whether for overnight or for a longer term, condominiums, or multiple unit dwellings, after the effective date of this section, shall install either a combination smoke detector/carbon monoxide detector device or a combination system providing smoke and carbon monoxide detection and alarm. Such installation shall be in the vicinity of the sleeping areas and on every floor of the dwelling, installed in accordance with the manufacturer’s instructions and state law. Formatted: Indent: Left: 0.5", First line: 0" Formatted: No underline, Underline color: Auto Formatted: No underline, Underline color: Auto Formatted: No underline, Underline color: Auto Formatted: No underline, Underline color: Auto Formatted: No underline, Underline color: Auto Formatted: No underline, Underline color: Auto Formatted: No underline, Underline color: Auto Formatted: No underline, Underline color: Auto FIRE PREVENTION AND FIRE SAFETY ORDINANCE 11 City of South Burlington Ordinance Fire Safety Ordinance Second Reading Draft Mark-up amb.docx (D) The seller of a residential dwelling transferred by sale or exchange shall certify to the buyer that the dwelling is provided with the carbon monoxide detectors required in subsection (A). This certification shall be signed and dated by the seller and filed in the City’s Land Records at the time of recording the transfer. If the buyer notifies the seller within ten (10) days by certified mail from the date of conveyance that the dwelling lacks a carbon monoxide detector or that the detector is not operable, the seller shall comply with this section within ten days of notification. 17. Standpipes Required All new buildings having three (3) floors or more and/or having ten thousand (10,000) net square feet per floor, shall have a minimum of a Class I, manual wet standpipe installed for firefighter use. 18. Sprinkler Floor Control Valves Required All new buildings having an NFPA compliant sprinkler system, and three (3) floors or more and/or having four thousand (4,000) net square feet per floor, shall have sprinkler zone control valves that allow immediate access to control/shutoff sprinklers discharging during a fire within the compartment. These zone control valves shall be clearly labeled. 19. Stairwell Identification All new and existing building shall have stairwell marking denoting floor served and geographical location within the building and comply with the marking standard found in NFPA 1. 20. Elevators The following standards shall be met on all elevators installed or permitted after the effective date of this Ordinance: (A) Dimension. All new elevator installations shall comply with the applicable elevator code adopted by the State of Vermont. Notwithstanding the applicable code adopted by the State, elevators shall have minimum interior finished dimensions of eight feet (8’) by four feet (4’) and have an unrestricted door opening of not less than four feet (4’). (B) In existing elevator banks, the stretcher compliant elevator(s) shall be marked by a three-inch (3”) retro-reflective star of life on the latch side of the elevator lobby door frame. 21. Compliance with Codes Required (A) All fire protection, prevention, and alarm systems shall comply with the Vermont Fire and Building Safety Code, in effect at the time of installation. (B) In the event there is a conflict between the provisions of the Code adopted by reference in this section and the provisions of this Ordinance, the more restrictive standard shall apply. 22. Fire Alarm System Malfunctions (A) Malfunction. For the purposes of this section, a malfunction is defined as the failure of a fire alarm system to operate in the normal or usual manner due to improper installation or maintenance, Formatted: Font: Bold FIRE PREVENTION AND FIRE SAFETY ORDINANCE 12 City of South Burlington Ordinance Fire Safety Ordinance Second Reading Draft Mark-up amb.docx mechanical defect(s) in the system, or that results in the transmittal of a false alarm signal to the South Burlington Fire Department during maintenance or construction. (B) Response Fee. A response charge as prescribed in the applicable fee schedule shall be imposed for a false alarm due to a system malfunction. (C) If a false alarm is generated through no negligence of the owner, the response fees may be waived by the Fire Chief, Deputy Fire Chief, or City Manager for due cause. The owner shall provide a written waiver request to the Fire Chief or Deputy Fire Chief within fifteen (15) days of the billing date, with an explanation of the basis for the requested waiver. The Fire Chief, Deputy Fire Chief, or City Manager will review and approve or disapprove the request within five (5) business days from the date of request receipt and notify the requesting party in writing. 23. Damage to Fire Protection Systems and Equipment No person shall destroy, deface, or in any way damage any fire protection or life safety system, or any part thereof, so as to prevent or delay its the proper or timely use of fire protection systems, fire department connections or hydrants. 24. Intentional False Alarms (A) Any intentional misuse of a fire protection system that results in a false fire alarm from a property shall be a violation of this Ordinance and subject to all fines, penalties, and other remedies available to the City by law. Such intentional misuse of a fire protection system may also be subject to criminal prosecution under applicable statutes of the State of Vermont. In addition, the property owner may be held responsible for all costs to the City incurred in responding to such alarm. (B) Alarms generated by contractors performing work or testing alarm systems shall be deemed an intentional false alarm unless the contractor first notifies Fire Department dispatch of the date and time when such work or testing will occur. (C) No person shall intentionally report, or cause to be reported, a false alarm. Any intentional report of a false alarm shall be a violation of this Ordinance and subject to all fines, penalties, and other remedies available to the City by law. Such false report may also be subject to criminal prosecution under applicable statues of the State of Vermont. In addition, the offending party may be held responsible for all costs to the City incurred in responding to such false report. 25. Master FACP Key (A) All buildings having a fire alarm system shall utilize a CAT 30 lock assembly to secure the main fire alarm panel. Any proprietary remote Aannunciator keys that are part of the FACP-UL listing for the remote annunciator shall be kept in the required Fire Department Key vault. (B) Existing fire alarm control panels and remote annunciator access keys shall be converted to this standard within one (1) year of the effective date of this Ordinance during the required annual test and inspection performed by a third party on the owner’s behalf. FIRE PREVENTION AND FIRE SAFETY ORDINANCE 13 City of South Burlington Ordinance Fire Safety Ordinance Second Reading Draft Mark-up amb.docx 26. Fire Department Access Key Vault (A) All buildings having a fire protection system(s) shall be required to install key boxes. Existing buildings not currently in compliance shall comply with this requirement within one year of the effective date of this Ordinance. (B) The building owner shall be required to install in the key box all master keys to offices, electrical rooms, elevator equipment, and all keys needed to reset the fire alarm system. (C) If requested by the Fire Department, building owners shall be required to supply additional sets of keys as needed by the Fire Department to allow more than one (1) team of firefighters to have access to areas of the building. (D) If requested by the Fire Department, more than one (1) key vault may be required to facilitate multiple points of entry in large facilities. (E) The key vault shall be mounted on the pull side of the Fire Department access door, within three feet (3’) horizontally of the door, at a vertical height of five feet (5’) as measured from the access door threshold. (F) There shall be a minimum of two (2) complete sets of access keys stored in the key vault. The property owner shall be responsible for providing the master keys and shall update the access key in the vault when the locks are changed. (G) As the key vault capacity is limited, the owners shall key all locks to a master core assembly of their choosing. 27. Radio Coverage in Structure and Buildings (A) General. Except as otherwise provided herein, no individual, partnership, corporation, or other legal entity shall maintain, own, erect, or construct any building or structure (or cause the same to be done) which is used for commercial, multi-family, or institutional use, in whole or in part, which fails to support adequate radio coverage to the Fire Department. (B) For purpose of this section, adequate radio coverage shall include all of the following: (1) A minimum signal strength of – 101 Dbm available in ninety-five percent (95%) of the area of each floor of the building when transmitted from the public safety radio communications system; and (2) A minimum signal strength of – 101 Dbm received at the public safety radio communications system when transmitted from ninety-five percent (95%) of the area of each floor of the building, via portable radio with public safety microphone. (C) Channel Performance Criterion (CPC). CPC is the minimum performance level in a faded channel, per TSB-88, clause 4.2 TSB-88 is a “Telecommunications Systems Bulletin” published by the TIA, Telecommunication Industry Association. The performance level is rated using “Delivered Audio Quality.” Industry standard DAQ definitions are shown in Table 1, below. A DAQ level of 3 is the minimum performance level which shall be attainable by public safety radio systems in ninety-five percent (95%) of the area of each floor of a building subject to this chapter. Table 1 – DAQ (DELIVERED AUDIO QUALITY DEFINITIONS) FIRE PREVENTION AND FIRE SAFETY ORDINANCE 14 City of South Burlington Ordinance Fire Safety Ordinance Second Reading Draft Mark-up amb.docx Subjective Performance Description: (1) Unusable, speech present but unreadable. (2) Understandable with considerable effort. Frequent repetition due to noise/distortion. (3) Speech understandable with slight effort. Occasional repetition required due to noise/distortion. (4) Speech understandable with repetition only rarely required. Some noise/distortion. (5) Speech easily understood. Occasional noise/distortion. (6) Speech easily understood. Infrequent noise/distortion. (7) Speech clearly understood. (D) The frequency range must support the Fire Department radio frequencies from the communications base stations and the public safety radio communications base stations. (E) The Fire Department may alter necessary frequencies or signal strengths due to changes in technical specification for public safety radio requirements. In such event, any frequency changes shall be reported to the City Council and approved as amendments to this Ordinance as soon as is practicable. 28. Testing (A) Initial Tests. Officials of the Fire Department or their designees shall perform initial radio coverage tests. A certificate of occupancy shall not be issued to any new structure if the building fails to comply with this section. (B) Annual Tests. Fire Department personnel or their designees shall thereafter conduct annual radio coverage tests. 29. Emergency Services Radio Amplification Systems Allowed (A) Buildings and structures which cannot independently support the required level of radio coverage shall be equipped with any of the following in order to achieve the required adequate radio coverage: a radiating cable system or an internal multiple antenna system with or without FCC type-accepted signal booster amplifiers, as needed. If any part of the installed system or systems contains an electrically powered component, the system shall be capable of operating on an independent battery and/or generator system for a period of at least twelve (12) hours without external power input. Any battery system employed shall automatically recharge in the presence of an external power input. (B) The installation of equipment as indicated above shall not have a detrimental effect on the operation of the public safety radio system. (C) In the event that a signal booster is employed, it shall be fully encased within a dust and water resistant case. Formatted: Font: Bold Formatted: Font: Bold FIRE PREVENTION AND FIRE SAFETY ORDINANCE 15 City of South Burlington Ordinance Fire Safety Ordinance Second Reading Draft Mark-up amb.docx 30. Field Testing The Fire Department, after providing reasonable notice to the owner or his or her representative, shall have the right to enter onto the property to conduct field testing to determine whether the required level of radio coverage is present. 31. Special Events/Festivals (A) The promoter of any special event or festival or, in the absence of any promoter, the owner of the land on which any special event or festival is to be conducted, shall notify the Fire Department of the event or festival at least ten (10) business days in advance of the event or festival. Such promoter or owner shall comply with the requirements of this Ordinance and such other requirements as the Fire Marshal shall impose, including maintenance of adequate fire lanes and the location and size of all fire lanes, booths, stages, and other structures and equipment. The South Burlington Fire Department is charged with sole responsibility of for providing fire protection and EMS coverage for such events in the City. (B) Any special event or festival with an attendance of one thousand (1,000) persons or more shall be required to provide South Burlington Fire/EMS Department personnel specially and exclusively assigned to the event. The promoter of the event or owner of the land involved shall be responsible for the reasonable costs of this additional coverage. The number of firefighters/EMTs and the time required for staffing shall be set by the Fire Department based on an assessment of the event and the location, weather, time, traffic impact, availability of alcohol, history of the event, or other identifiable safety factors, taking into account the requirements of the adopted fire codes and the SFPE Fire Protection Handbook. The promoter or owner shall secure a signed staffing agreement with the Fire Marshal or designee, not less than seven (7) business days prior to the event. (C) The Fire Chief, or his/her designee may request the immediate assistance of any City department or agency with which the City has a local or mutual aid agreement to assist in the abating or mitigating of any unsafe condition. All City departments and officials shall respond in an expeditious manner when called upon by the Fire Chief. (D) All costs to abate or mitigate the hazard shall be borne by the property owner. 32. Fire Lanes (A) Fire lanes may be established on any public or private parking lot or other area adjacent to buildings which are open to public use or in areas where congestion from any cause, or obstruction by parked vehicles might impede quick access by Emergency Vehicles. The fire lanes or fire zones so established shall be available for use by the Fire Department, its firemen and equipment, or any other Emergency Vehicle. (B) The owners of such property, as directed by the Fire Chief, shall cause to be posted and/or marked upon the ground the proper control signs for the fire zone or fire lane, and all signs and ground markings and their location shall first be approved by the Fire Chief or his/her designee. (C) No vehicles, except an Emergency Vehicle, as herein defined, shall be parked in the fire lane or fire zone at any time nor shall any vehicle be operated to as to impede an Emergency Vehicle in its use of said areas. Formatted: Normal Formatted: No underline, Underline color: Auto Formatted: No underline, Underline color: Auto Formatted: No underline, Underline color: Auto Formatted: Do not check spelling or grammar FIRE PREVENTION AND FIRE SAFETY ORDINANCE 16 City of South Burlington Ordinance Fire Safety Ordinance Second Reading Draft Mark-up amb.docx (D) Any member of the Police Department may cause to be towed to a convenient public garage, any vehicle parked in violation of this Ordinance. The owner of any vehicle towed to a public garage under the provisions of this Ordinance shall be responsible for paying all towing charges, storage charges, or other expenses incurred in moving the vehicle, except that the charge of towing and storage of each vehicle shall not exceed an amount established by resolution of the City Council. 33. Outside Burning (A) Burning Permit Required. A burning permit issued by the Fire Chief or his/her designee shall be required for any outside fire, except that a burning permit shall not be required for campfires thirty inches (30”) or less in diameter, outdoor grills, free-standing fireplaces, or commercial fire pits and fireplaces for recreation or preparation of food. Failure to obtain a burning permit or to abide by any condition of the Permit shall be a violation of this Ordinance. All burning permits shall be subject to the following general conditions and any special conditions written on the permit: (1) The Permit shall be valid only for the place and time stated on the permit. (2) The person holding the permit must at all times have sufficient help, water and tools present to control the fire. (3) Fires shall be kindled in a garden or cleared space no less than fifty feet (50’) from any building or structure. (4) The fire may not be left unattended until entirely extinguished. (5) Only Natural Materials may be burned, and any wood or woody material shall be three inches (3”) or less in diameter. (6) No gasoline, kerosene, diesel fuel, fuel oil, or other flammable liquid or material may be used to ignite the fire. (B) All outside fires shall be attended at all times and shall only be kindled at such times and under such conditions as will enable the party kindling the fire to keep the fire under control and prevent the fire from creating a public nuisance or hazard. (C) Any outside fire kindled without a required Burning Permit or any outside fire that, in the opinion of the Fire Chief or his/her designee, presents a public nuisance or hazard may be extinguished by the Fire Department. (D) Outside fires kindled for the purposes of recreation or preparation of food shall be confined to devices or appliances designed for such purposes. Such devices and appliances shall be used no less than ten feet (10’) from any structure or overhanging roof or porch. Campfires not contained in a device or appliance designed for such purpose shall be no less than twenty-five feet (25’) from any structure or combustible material. (E) The use of outdoor incinerators, including any burn barrel or other article, machine, equipment or contrivance, structure or part of a structure used primarily to dispose of waste by burning is prohibited. This prohibition shall not apply to the incineration of Solid Waste at any facility regulated by the State of Vermont and having and complying with all necessary permits in accordance with all applicable laws, rules and regulations, including all air quality permits. (F) The State of Vermont, Division of Fire Safety requires the following: Formatted: No underline, Underline color: Auto Formatted: No underline, Underline color: Auto Formatted: Underline color: Auto Formatted: Normal Formatted: Font: Bold Formatted: Normal, Indent: Left: 0.5" Formatted: Normal Formatted: Do not check spelling or grammar FIRE PREVENTION AND FIRE SAFETY ORDINANCE 17 City of South Burlington Ordinance Fire Safety Ordinance Second Reading Draft Mark-up amb.docx NFPA 1, Section 10.11.7. For other than one and two family dwellings, no hibachi, gas fired grill, charcoal grill, or other similar devices used for cooking, heating, or any other purpose, shall be used or kindled on any balcony or under any overhanging portion or within 10 feet of any structure. Listed electric ranges, grills, or similar electrical apparatus shall be permitted. 34. Reward for Information Resulting in Conviction of Persons Burning The City Council may offer a reward of not more than one thousand dollars ($1,000.00) for information which shall result in the detection and conviction of any person guilty of the illegal burning of property in the City. 35. Removal of Fire Hazard (A) The Fire Chief or his/her designee may direct the owner or occupant of any building or premises to abate any unsafe condition, move to a place of safety, or remove any unsafe or combustible materials which in his or her opinion shall expose the building or the surrounding or adjacent buildings or property to unnecessary hazard. The Fire Chief or his/her designee may also direct an owner or occupant to clear away from his building or premises debris or other materials resulting from fire, windstorm or other catastrophe within a reasonable time after the occurrence of such fire, storm or catastrophe. Failure to comply with a direction of the Fire Chief or his/her designee shall be a violation of this Ordinance. (B) The Fire Chief or his/her designee may request the immediate assistance of any City department or agency with which the City has a local or mutual aid agreement to assist in the abating or mitigating of any unsafe condition. All City departments and officials shall respond in an expeditious manner when called upon by the Fire Chief. (C) All costs to abate or mitigate the hazard shall be borne by the property owner. 36. Order to Evacuate (A) The Fire Chief or his/her designee may direct any owner or occupant of any building, land or premises to move to a place of safety during a fire or other emergency. (B) Failure to comply with this order shall be a violation of this Ordinance. 37. Enforcement and Penalties Any person who violates a provision of this civil oOrdinance shall be subject to a civil penalty of up to $800 per day for each day that such violation continues. Firefighters and police officers of the City of South Burlington shall be authorized to act as Issuing Municipal Officials to issue and pursue before the Judicial Bureau or other appropriate judicial body a municipal complaint. A municipal complaint may, at the discretion of the Issuing Municipal Official, be dismissed upon the successful completion of a restorative justice program before the South Burlington Community Justice Center. 38. Civil Penalty; Waiver Fee An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation: Formatted: Normal, Indent: Left: 0.5" Formatted: No underline, Underline color: Auto, Pattern:Clear Formatted: Heading 2,Section Heading FIRE PREVENTION AND FIRE SAFETY ORDINANCE 18 City of South Burlington Ordinance Fire Safety Ordinance Second Reading Draft Mark-up amb.docx (A) Civil Penalties: First Offense $200 Second Offense $400 Third Offense $600 Fourth Offense and subsequent offenses $800 (AB) Waiver Fees – An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: First Offense $100 Second Offense $200 Third Offense $300 Fourth Offense and subsequent offenses $400 Offenses shall be counted on an annual basis in conjunction with the calendar year. 39. Other Relief In addition to the recovery of civil penalties provided for above, the City may seek to enforce this Ordinance by an appropriate action for injunctive relief. Further, nothing herein shall be construed to limit other rights, remedies or penalties available by law, including under Chapter 173 of Title 20, V.S.A. 40. Fees All fees to be paid to the City under this Ordinance, including but not limited to fees for permits, plan review and inspections, shall be as prescribed in the applicable fee schedule (Schedule A, attached hereto), which may be amended from time to time by majority vote of the City Council. 41. Ordinances Repealed The following City ordinances are hereby repealed in their entirety: (A) Ordinance to Provide for the Inspection of Electrical Installations, adopted January 4, 1971. (B) Ordinance for the Control and Prevention of Fire, adopted December 21, 1970, as amended November 6, 1972, and November 18, 1974. (C) Ordinance to Establish and Maintain Fire Lanes, adopted March 21, 1977. (D) Ordinance Relating to the Use of Fire Alarm Systems, adopted January 5, 1987. (E) Outside Burning Ordinance, adopted September 7, 2010. Formatted: Do not check spelling or grammar Formatted: Heading 2,Section Heading Formatted: Heading 2,Section Heading Formatted: Font: Italic, Do not check spelling or grammar Formatted: Font: Italic, Do not check spelling or grammar Formatted: Normal Formatted: Font: Italic FIRE PREVENTION AND FIRE SAFETY ORDINANCE 19 City of South Burlington Ordinance Fire Safety Ordinance Second Reading Draft Mark-up amb.docx 42. Severability If any portion of this Ordinance is held to be invalid by a court of competent jurisdiction, such finding shall not invalidate any other part of this Ordinance. Adopted at South Burlington, Vermont this _____ day of __________________, 2017, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _________________________________ Helen Riehle, Chair _________________________________ Meaghan Emery, Vice-Chair _________________________________ Tim Barritt, Clerk _________________________________ Thomas Chittenden _________________________________ Pat Nowak Received and recorded this ______ day of _____________________, 2017. _________________________________ Donna Kinville, City Clerk FIRE PREVENTION AND FIRE SAFETY ORDINANCE 20 City of South Burlington Ordinance Fire Safety Ordinance Second Reading Draft Mark-up amb.docx MEMORANDUM TO: South Burlington City Council FROM: Andrew Bolduc, Esq., City Attorney, Jim Barlow, Esq. DATE: 4/17/17 RE: Second Reading of Proposed Amendments to the Ordinance to Regulate Parades and Public Events on City Streets Background Parades, gatherings, marches, races, and other uses of City streets are licensed and regulated under the South Burlington Ordinance to Regulate Parades and Public Events on City Streets (the “Parade Ordinance”). The City Council adopted the Parade Ordinance on June 17, 1991. Proposed Amendments As part of the City’s ordinance update project, several amendments to the Parade Ordinance are proposed. Most of these amendments are technical in nature and intended to accomplish the following: • Update penalties for violation of the Ordinance and align the enforcement provisions of the Ordinance with applicable statutes. • Authorize dismissal of a municipal complaint (i.e. ticket) upon the successful completion of a restorative justice program through the South Burlington Restorative Justice Center. • Standardize the Ordinance’s organization, formatting, and font. • Proposed amendments to Section 1 explain the purpose of the Ordinance. Proposed deletions are indicated with strikethrough. Additions are indicated with underline. Some non-substantive changes to organization, grammar, spelling, capitalization, and section titles may not be specifically indicated. A copy of the Ordinance with the proposed amendments is attached. Recommendation After conducting a public hearing, the City Council is requested to pass the proposed amendments to the Parade Ordinance. Clean copies of the Ordinance will be available for Council members’ signatures at the meeting. Ordinance to Regulate Parades and Public Events on City Streets ORDINANCE TO REGULATE PARADES AND PUBLIC EVENTS ON CITY STREETS 2 City of South Burlington Ordinance Parade Ordinance Second Reading Mark-up jb 4.5.17 Table of Contents 1. Purpose and Authority ...................................................................................................................... 3 2. Permit Requirement ......................................................................................................................... 3 3. Application ........................................................................................................................................ 3 4. Approval Standards ........................................................................................................................... 3 5. Approval Conditions .......................................................................................................................... 3 6. Exemption ......................................................................................................................................... 4 7. Enforcement ..................................................................................................................................... 4 8. Civil Penalty; Waiver Fee ................................................................................................................... 4 9. Other Relief ....................................................................................................................................... 5 10. Severability ....................................................................................................................................... 5 ORDINANCE TO REGULATE PARADES AND PUBLIC EVENTS ON CITY STREETS 3 City of South Burlington Ordinance Parade Ordinance Second Reading Mark-up jb 4.5.17 The Council of the City of South Burlington hereby ordains: 1. Purpose and Authority This Ordinance is adopted by the City Council of South Burlington under authority conferred by 24 V.S.A. §2291 and Sections 103 and 104 of the City Charter. It is the purpose of this Ordinance to regulate the use of City highways for the protection of the public health, safety, welfare, and convenience, and to maintain safe and efficient pedestrian and automotive traffic movement. This Ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. 2. Permit Requirement No group of persons containing ten (10) or more persons or vehicles, may parade, gather, demonstrate, race (by foot or vehicle) or march through, within, or across the traveled portion of any roadway or sound any musical instrument or sound amplification device while so parading, gathering, demonstrating, racing, or marching without the prior written approval of the City Manager. 3. Application Application for a parade permit shall be made to the City Manager, on a form approved by the City Council. The application shall be filed with the City Manager at least two (2) weeks ten (10) business days prior to the scheduled parade, which application shall be accompanied by payment of a permit application fee. of $10.00. The City Manager may waive the notice requirement of this subsection when in his/her judgment extenuating and unusual circumstances exist and strict adherence to the notice requirement would work a hardship on the applicant. The City Council shall set the parade permit application fee by resolution as the City Council, from time to time, deems appropriate. 4. Approval Standards The City Manager shall approve the parade permit application and grant a parade permit unless he/she shall find and determine: (A) Another parade or public event has been previously scheduled for the time requested; or (B) The parade is requested for a time or place which would result in severe traffic congestion or interfere with the quiet of a neighborhood during normal sleeping hours.; or (C) The request fails to comply with the requirements of other City ordinances then in effect. 5. Approval Conditions (A) In acting upon such parade permit application, the City Manager shall take into consideration recommendations made by the Police Chief, Highway Director of Public Works, Fire Chief, and City Health Officer with respect to traffic control, street and sidewalk use, marshalling and dispersal areas, event times, crowd control, sanitation, emergency services, and protection of persons and property. In granting a parade permit, the City Manager may impose conditions thereto, including but not limited to: (1) Time and route of march, ORDINANCE TO REGULATE PARADES AND PUBLIC EVENTS ON CITY STREETS 4 City of South Burlington Ordinance Parade Ordinance Second Reading Mark-up jb 4.5.17 (2) Marshalling and dispersal areas, (3) Sanitation, (4) Provision of public notice through publication, (5) The manner by which the route will be marked, if at all, (6) Such other conditions as are necessary to protect public safety and welfare and to minimize the parade’s effect on pedestrian and vehicular traffic. (B) In addition to the conditions which may be imposed under subsection (aA) hereof, the City Manager may impose as a condition to granting a parade permit application the hiring of additional police officers for crowd control, traffic control and protection of persons and property, the cost of which shall be borne by the parade applicant and shall be charged at the customary rate of pay for City pPolice oOfficers, which charges shall be paid in advance or secured through a bond payable to the City. 6. Exemption The provisions of this section relating to a parade permit application fee shall not apply in the case of parades involving and sponsored by a local school, and may be waived for parades honoring and observing Memorial Day, Veteran’s Day, Bicentennial Celebration, and Independence Day. 7. Enforcement 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. South Burlington Police Officers 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. 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: ORDINANCE TO REGULATE PARADES AND PUBLIC EVENTS ON CITY STREETS 5 City of South Burlington Ordinance Parade Ordinance Second Reading Mark-up jb 4.5.17 First Offense $100 Second Offense $250 Third Offense $400 Fourth Offense $550 Fifth and subsequent Offenses $700 9. 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) A parade permit may be revoked by the City Manager without reimbursement of any fee for: (i) misrepresentation on an application; (ii) violation of the provisions of this Ordinance or other City ordinances; 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 Clerk of the Council within ten (10) business days of such revocation. 10. Severability Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part held to be invalid. Adopted at South Burlington, Vermont this _____ day of __________________, 2017, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _________________________________ Helen Riehle, Chair _________________________________ Meaghan Emery, Vice-Chair _________________________________ Tim Barritt, Clerk _________________________________ Thomas Chittenden ORDINANCE TO REGULATE PARADES AND PUBLIC EVENTS ON CITY STREETS 6 City of South Burlington Ordinance Parade Ordinance Second Reading Mark-up jb 4.5.17 _________________________________ Pat Nowak Received and recorded this ______ day of _____________________, 2017. _________________________________ Donna Kinville, City Clerk MEMORANDUM TO: South Burlington City Council FROM: Andrew Bolduc, Esq., City Attorney, Jim Barlow, Esq. DATE: 4/17/17 RE: Second Reading of Proposed Amendments to the Ordinance Regarding Private Use of Streets, Sidewalks, and Public Places Background The placement of bicycle racks, tables, chairs, vending machines and other structures in City rights-of-way, sidewalks, streets, and public spaces is licensed and regulated under the South Burlington Ordinance Regarding Private Use of Streets, Sidewalks, and Public Places (the “Streets Ordinance”). The City Council adopted the Streets Ordinance on June 2, 1998. Proposed Amendments As part of the City’s ordinance update project, several amendments to the Streets Ordinance are proposed. Most of these changes are technical in nature and intended to accomplish the following: • Update penalties for violation of the Ordinance and align the enforcement provisions of the Ordinance with applicable statutes. • Authorize dismissal of a municipal complaint (i.e. ticket) upon the successful completion of a restorative justice program through the South Burlington Restorative Justice Center. • Standardize the Ordinance’s organization, formatting, and font. Proposed deletions are indicated with strikethrough. Additions are indicated with underline. Some non-substantive changes to the organization, grammar, spelling, capitalization, and section titles may not be specifically indicated. A copy of the Ordinance with the proposed amendments is attached. Recommendation After conducting a public hearing, the City Council is requested to pass the proposed amendments to the Ordinance Regarding Private Use of Streets, Sidewalks, and Public Places. Clean copies of the Ordinance will be available for Council members’ signatures at the meeting. Ordinance Regarding Private Use of Streets, Sidewalks, and Public Places ORDINANCE REGARDING PRIVATE USE OF STREETS, SIDEWALKS, AND PUBLIC SPACES 2 City of South Burlington Ordinance Streets Sidewalks and Public Spaces Ordinance Second Reading Mark-up jb 4.5.17 Table of Contents 1. Purpose and Authority ...................................................................................................................... 3 2. General Definitions ........................................................................................................................... 3 3. Private Use of Public Streets, Sidewalks, and Public Spaces ............................................................ 3 4. Enforcement ..................................................................................................................................... 3 5. Civil Penalty; Waiver Fee ................................................................................................................... 4 6. Other Relief ....................................................................................................................................... 4 7. Severability ........................................................................................................................................ 4 ORDINANCE REGARDING PRIVATE USE OF STREETS, SIDEWALKS, AND PUBLIC SPACES 3 City of South Burlington Ordinance Streets Sidewalks and Public Spaces Ordinance Second Reading Mark-up jb 4.5.17 The Council of the City of South Burlington hereby ordains: 1. Purpose and Authority It is the purpose of this oOrdinance to regulate the placement and use of private structures on streets and sidewalks and other public spaces in the City of South Burlington. This oOrdinance 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. §2291 and Sections 103 and 104 of the South Burlington City Charter. This oOrdinance 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: Structure Any assembly of goods and materials intended for temporary or permanent use or occupancy, including but not limited to bicycle racks, tables, chairs, access ramps, rails, partitions and vending machines. 3. Private Use of Public Streets, Sidewalks, and Public Spaces No person shall place, erect or maintain any structure within any public right-of-way, sidewalk, street, or public space within the City of South Burlington without a permit therefor issued by the City Council Manager. The City Council shall set the permit fee by resolution as the City Council, from time to time, deems appropriate. 4. Enforcement Any person who violates a provision of this civil ordinance shall be subject to civil penalties as set forth below for each day that such violation continues. The City Manager of the City of South Burlington shall be authorized to act as the Issuing Municipal Official to issue and pursue before the Traffic and Municipal Ordinance Bureau a municipal complaint. 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 shall be authorized to act as the Issuing Municipal Official 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. 5. Waiver Fee The Issuing Municipal Official is authorized to recover a waiver fee of Fifty Dollars ($50.00) for a violation of Section 3 of this Ordinance for any person who declines to contest a municipal complaint and pays the waiver fee. 6. Civil Penalties The Issuing Municipal Official is authorized to recover a civil penalty of One Hundred Dollars ($100.00) for each violation of Section 2 of this Ordinance. ORDINANCE REGARDING PRIVATE USE OF STREETS, SIDEWALKS, AND PUBLIC SPACES 4 City of South Burlington Ordinance Streets Sidewalks and Public Spaces Ordinance Second Reading Mark-up jb 4.5.17 5. 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 6. 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) A permit issued hereunder may be revoked by the City Manager without reimbursement of any fee for: (i) misrepresentation on an application; (ii) violation of the provisions of this Ordinance or other City ordinances; 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 Clerk of the Council within ten (10) business days of such revocation. 7. Severability If any portion of this oOrdinance and amendments is held unconstitutional or invalid by a court of competent jurisdiction, the remainder of this oOrdinance shall not be affected. ORDINANCE REGARDING PRIVATE USE OF STREETS, SIDEWALKS, AND PUBLIC SPACES 5 City of South Burlington Ordinance Streets Sidewalks and Public Spaces Ordinance Second Reading Mark-up jb 4.5.17 Adopted at South Burlington, Vermont this _____ day of __________________, 2017, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _________________________________ Helen Riehle, Chair _________________________________ Meaghan Emery, Vice-Chair _________________________________ Tim Barritt, Clerk _________________________________ Thomas Chittenden _________________________________ Pat Nowak Received and recorded this ______ day of _____________________, 2017. _________________________________ Donna Kinville, City Clerk MEMORANDUM TO: South Burlington City Council FROM: Andrew Bolduc, Esq., City Attorney and Jim Barlow, Esq. DATE: 4/17/17 RE: Second Reading of Proposed Amendments to the Ordinance to Regulate Unmaintained Buildings. The restoration and removal of structures substantially damaged by fire or other catastrophic events are regulated under the Ordinance to Regulate Unmaintained Buildings (the “Building Ordinance”). The City Council adopted the Building Ordinance on January 3, 1994. Proposed Amendments As part of the City’s ordinance update project, several changes to the Building Ordinance are proposed. Most of these changes are technical in nature and intended to accomplish the following: • Update penalties for violation of the Ordinance and align the enforcement provisions of the Ordinance with applicable statutes. • Authorize dismissal of a municipal complaint (i.e. ticket) upon the successful completion of a restorative justice program through the South Burlington Restorative Justice Center. • Standardize the Ordinance’s organization, formatting, and font. Per the Council’s request, the title of this Ordinance has been changed to Ordinance to Regulate Damaged Buildings. The name change has been noted in the first section. Proposed deletions are indicated with strikethrough. Additions are indicated with underline. Some non-substantive changes to the organization, grammar, spelling, capitalization, and section titles may not be indicated specifically. A copy of the Ordinance with the proposed amendments is attached. Recommendation After conducting a public hearing, the City Council is requested to pass the proposed amendments to the Ordinance to Regulate Damaged Buildings. Clean copies of the Ordinance will be available for Council members’ signatures at the meeting. Ordinance to Regulate Unmaintained Damaged Buildings ORDINANCE TO REGULATE UNMAINTAINED DAMAGED BUILDINGS 2 City of South Burlington Ordinance Unmaintained Buildings Ordinance Second Reading Mark-up jb 4.7.17 Table of Contents 1. Purpose and Authority ................................................................................................................. 3 2. General Definitions ...................................................................................................................... 3 3. Prohibition ................................................................................................................................... 3 4. Enforcement ................................................................................................................................ 4 5. Civil Penalty; Waiver Fee .............................................................................................................. 4 6. Other Relief ................................................................................................................................. 4 7. Severability .................................................................................................................................. 5 ORDINANCE TO REGULATE UNMAINTAINED DAMAGED BUILDINGS 3 City of South Burlington Ordinance Unmaintained Buildings Ordinance Second Reading Mark-up jb 4.7.17 The Council of the City of South Burlington hereby ordains: 1. Title This Ordinance shall be known as the South Burlington Building Repair Ordinance. 21. Purpose and Authority This Ordinance was formerly titled “Ordinance to Regulate Unmaintained Buildings.” It is the purpose of this oOrdinance to require the restoration or the removal of any bBuilding that is substantially damaged by fire, storm, flooding, or other catastrophic event. The Council finds that bBuildings which are so damaged create unsafe and unhealthy conditions in the City if they are not restored or removed after such damage. This oOrdinance is enacted pursuant to the authority granted to the City under 20 V.S.A. Section 2291(13) and Sections 103 and 104 of the South Burlington City Charter. This Ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. 32. General Definitions The following terms shall have the specific definitions set forth below: 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: Building A structure located on land which contains a roof and is intended for use or occupancy by persons or animals. The term bBuilding as used in this oOrdinance shall not include a structure with a height of less than twelve (12) feet from the base of the bBuilding and a floor area of less than one hundred fifty (150) square feet. Substantial Loss of Use The practical inability to use or the actual non-use of over thirty percent (30%) of the area of the bBuilding. The calculation of such area shall not include the area in basements or attics of a bBuilding unless such area was in actual use prior to the loss of use. 43. Prohibition A person who is the owner of any bBuilding in the City of South Burlington shall within six (6) months of the date such bBuilding suffers a sSubstantial lLoss of uUse as a result of damage caused by fire, storm, flood, or other catastrophic event, either: (A) Commence work to restore the bBuilding to a condition reasonably suited to allow use of the bBuilding for its use prior to such loss or damage or another use approved under applicable City and State regulations; or (B) Commence work to restore a bBuilding unused prior to such loss or damage to a condition reasonably suited to allow use of the bBuilding for a use approved under applicable City and State regulations; or (C) Commence work to remove the bBuilding from the site and reclaim the site so that it is free of exposed excavation and debris. A person shall complete any work commenced under subparagraphs a, b, or c (A), (B), or (C) above within twelve (12) months of the date of commencing such work. ORDINANCE TO REGULATE UNMAINTAINED DAMAGED BUILDINGS 4 City of South Burlington Ordinance Unmaintained Buildings Ordinance Second Reading Mark-up jb 4.7.17 5. Enforcement (A) It shall constitute a violation of this Ordinance for any person to fail to comply with the requirements of Section 4 above. (B) A person found to be in violation of this Ordinance may be subject to a fine of up to $500.00. Each week that a violation continues shall constitute a separate offense and allow recovery of an additional fine of $500.00. (C) The City of South Burlington may enforce this Ordinance by seeking criminal enforcement, or by commencing an action for injunctive relief or any other action authorized by law. 4. Enforcement Any person who violates a provision of this Ordinance shall be subject to a civil penalty of up to $800 per day for each day that such violation continues. The South Burlington Code Officer Building Inspector shall be authorized to act as the Issuing Municipal Official to issue and pursue before the Judicial Bureau a municipal complaint. Each day the violation continues shall constitute a separate violation. A municipal complaint may, at the discretion of the Issuing Municipal Official, be dismissed upon the successful completion of a restorative justice program through the South Burlington Community Justice Center. 5. 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 6. 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 and other appropriate relief or to pursue any other remedy authorized by law. ORDINANCE TO REGULATE UNMAINTAINED DAMAGED BUILDINGS 5 City of South Burlington Ordinance Unmaintained Buildings Ordinance Second Reading Mark-up jb 4.7.17 7. Severability Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part held to be invalid. Adopted at South Burlington, Vermont this _____ day of __________________, 2017, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _________________________________ Helen Riehle, Chair _________________________________ Meaghan Emery, Vice-Chair _________________________________ Tim Barritt, Clerk _________________________________ Thomas Chittenden _________________________________ Pat Nowak Received and recorded this ______ day of _____________________, 2017. _________________________________ Donna Kinville, City Clerk South Burlington Water Dept. Accounts Payable Check Register Date: 04/18/17 Date Check No. Paid To Memo Amount Paid 4/18/2017 3170 Champlain Water District 55,880.43 Date Voucher Number Reference Voucher Total Amount Paid 3/31/2017 VI-14232 SBWD-324 55,880.43 55,880.43 4/18/2017 3171 Champlain Water District 115,170.56 Date Voucher Number Reference Voucher Total Amount Paid 3/31/2017 VI-14228 SBWD-317 290.83 290.83 3/31/2017 VI-14229 MARCH 114,879.73 114,879.73 4/18/2017 3172 E.J. Prescott, Inc. 819.98 Date Voucher Number Reference Voucher Total Amount Paid 3/30/2017 VI-14234 5210187 819.98 819.98 4/18/2017 3173 Frank W. Whitcomb Construction 287.88 Date Voucher Number Reference Voucher Total Amount Paid 3/23/2017 VI-14235 00676321 287.88 287.88 4/18/2017 3174 Office Essentials 31.17 Date Voucher Number Reference Voucher Total Amount Paid 4/10/2017 VI-14236 33822 31.17 31.17 4/18/2017 3175 City Of South Burlington 296,934.70 Date Voucher Number Reference Voucher Total Amount Paid 4/4/2017 VI-14230 MARCH SEWER 296,934.70 296,934.70 4/18/2017 3176 City Of South Burlington 189,269.43 Date Voucher Number Reference Voucher Total Amount Paid 4/4/2017 VI-14231 MARCH STORMWATER 189,269.43 189,269.43 4/18/2017 3177 So. Burlington Public Works 1,530.24 Date Voucher Number Reference Voucher Total Amount Paid 4/4/2017 VI-14233 WATER BREAK GRANDVIEW 1,530.24 1,530.24 Printed: April 12, 2017 Page 1 of 2 South Burlington Water Dept. Accounts Payable Check Register Date: 04/18/17 Date Check No. Paid To Memo Amount Paid Total Amount Paid: 659,924.39 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: April 12, 2017 Page 2 of 2 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com To: Kevin Dorn, City Manager From: Ilona Blanchard, Project Director Subject: Resolution to Commission Art for the Market Street Project Date: April 14, 2017 Background: In 2015, the City Council approved a resolution creating a Public Art Selection Committee (Committee). Since then the Committee has engaged in a competitive selection process for public art for the Market Street Project. The Committee issued a request for qualifications, reviewed the qualifications and solicited art proposals from three of the artists. Each artist selected developed a proposal, which was presented to the public selection committee. The Committee also solicited comments from the public and the project team. Attachments: • Resolution authorizing commissioning of artwork for the Market Street Project. Recommendation: Listen to the presentation and consider approving the resolution R-2017- RESOLUTION A RESOLUTION AUTHORIZING THE COMMISSIONING OF ART FOR MARKET STREET WHEREAS, the City of South Burlington, Vermont (“City”) recognizes the transformative power of art and importance of art in establishing identity in the public realm; and, WHEREAS, the City is authorized to use a combination of grants, impact fees, and Tax Increment Financing to build Market Street and the project is scheduled to begin in 2018; and, WHEREAS, the City Council has resolved that all public projects, excluding routine maintenance, in City Center would incorporate public art and to achieve this goal, 1% of the overall budget or $50,000 (fifty thousand dollars), whichever is less, would fund the acquisition and installation of the public art component; and WHEREAS, the Public Art Selection Committee has held a competitive selection process which included soliciting public input; and, WHEREAS, Tyler Vendituoli has submitted a proposal which best met the selection criteria, was well received by the public, and has been vetted as achievable by the project team; and WHEREAS, the Public Art Selection Committee on April 6, 2017 unanimously approved a motion to “Recommend to the City Council that they commission Tyler Vendituoli and his geese sculpture for the Market Street Project”. NOW, THEREFORE, BE IT RESOLVED that the South Burlington City Council hereby authorizes the City Manager to negotiate and execute a contract with Tyler Vendituoli to commission sculpture for the Market Street Reconstruction Project. APPROVED this _____ day of ________________. SOUTH BURLINGTON CITY COUNCIL __________________________________ ________________________________ Helen Riehle, Chair Meaghan Emery, Vice Chair __________________________________ ________________________________ Tim Barritt, Clerk Pat Nowak __________________________________ Tom Chittenden Revenue Report-March, 2017 General Fund Estimated Received % Budget FY 2017 Account Revenue To Date Received $ (+/-)Received-March Total PROPERTY TAX REVENUE $14,106,642.00 ($13,598,052.20)96.39%$508,589.80 ($3,425,244.27) Total LOCAL OPTION TAXES $3,665,276.49 ($2,302,550.66)62.82%$1,362,725.83 $0.00 Total TAX REVENUE $17,771,918.49 ($15,900,602.86)89.47%$1,871,315.63 ($3,425,244.27) Total INTEREST/PENALTY ON TAX $267,500.00 ($72,117.63)26.96%$195,382.37 ($35,373.28) Total CITY MANAGER $453,885.26 ($406,432.38)89.55%$47,452.88 ($388.58) Total CITY CLERK $252,300.00 ($148,784.48)58.97%$103,515.52 ($22,520.68) Total PLANNING & ZONING $349,200.00 ($179,769.29)51.48%$169,430.71 ($20,929.79) Total FIRE DEPARTMENT $479,000.00 ($2,020,440.44)421.80%($1,541,440.44)($10,170.62) Total ELECTRICAL INSPECTION $75,000.00 ($18,371.00)24.49%$56,629.00 ($2,285.00) Total AMBULANCE $738,000.00 ($637,043.18)86.32%$100,956.82 ($58,460.66) Total POLICE DEPARTMENT $526,969.34 ($195,693.06)37.14%$331,276.28 ($25,515.99) Total PUBLIC SAFETY $1,818,969.34 ($2,871,547.68)157.87%($1,052,578.34)($96,432.27) Total HIGHWAY DEPARTMENT $1,181,000.00 ($972,765.55)82.37%$208,234.45 ($18,859.15) Total RED ROCKS PARK $61,500.00 ($65,087.00)105.83%($3,587.00)$0.00 Total FACILITIES $1,000.00 ($40.00)4.00%$960.00 $0.00 Total SPECIAL ACTIVITIES $770,536.00 ($110,403.25)14.33%$660,132.75 ($13,632.00) Total RECREATION $833,036.00 ($175,530.25)21.07%$657,505.75 ($13,632.00) Total COMMUNITY LIBRARY $6,800.00 ($6,649.13)97.78%$150.87 ($560.53) Total GENERAL FUND $22,934,609.09 ($20,734,199.25)90.41%$2,200,409.84 ($3,633,940.55) Revenue Report-March, 2017 General Fund Estimated Received % Budget FY 2017 MTD Account Revenue To Date Received $ (+/-)Received-March TAX REVENUE Tax, Current Budget $13,995,642.00 ($13,374,978.98)95.57%$620,663.02 ($3,325,509.69) VT Payment in Lieu of Tax $40,000.00 ($158,456.22)396.14%($118,456.22)($35,117.58) Taxes, Reappraisal/ACT 60 $71,000.00 ($64,617.00)91.01%$6,383.00 ($64,617.00) Total TAX REVENUE $14,106,642.00 ($13,598,052.20)96.39%$508,589.80 ($3,425,244.27) LOCAL OPTION TAXES Local Option Tax-Sales $2,695,571.69 ($1,675,041.65)62.14%$1,020,530.04 $0.00 Local Option Tax-Rooms/Me $969,704.80 ($627,509.01)64.71%$342,195.79 $0.00 Total LOCAL OPTION TAXES $3,665,276.49 ($2,302,550.66)62.82%$1,362,725.83 $0.00 Total TAX REVENUE $17,771,918.49 ($15,900,602.86)89.47%$1,871,315.63 ($3,425,244.27) INTEREST/PENALTY ON TAX Penalty, Current & Prior $125,000.00 ($107,332.27)85.87%$17,667.73 ($29,516.82) Interest, Current & Prior $35,000.00 ($34,556.32)98.73%$443.68 ($5,856.46) Abatements/Write-offs $0.00 $70,562.57 100.00%$70,562.57 $0.00 Attorney Fees $2,500.00 ($791.61)31.66%$1,708.39 $0.00 Fee to Collect State Educ $90,000.00 $0.00 0.00%$90,000.00 $0.00 Current Use $15,000.00 $0.00 0.00%$15,000.00 $0.00 Total INTEREST/PENALTY ON TAX $267,500.00 ($72,117.63)26.96%$195,382.37 ($35,373.28) CITY MANAGER Administrative Services-W $57,500.00 ($57,500.00)100.00%$0.00 $0.00 Administrative Services-S $134,391.55 ($134,391.55)100.00%$0.00 $0.00 Administrative Services-W $150,335.71 ($150,335.71)100.00%$0.00 $0.00 From Sewer-Audit & Actuar $6,214.00 ($6,214.00)100.00%$0.00 $0.00 From SW-Audit & Actuary $3,555.00 ($3,555.00)100.00%$0.00 $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 ($2,100.00)100.00%$0.00 $0.00 Admin Svc Fee Fund 240 $31,424.00 ($31,424.00)100.00%$0.00 $0.00 From WPC-Payroll, Testing $700.00 ($700.00)100.00%$0.00 $0.00 From SW-Payroll, Testing $480.00 ($480.00)100.00%$0.00 $0.00 Solar Credits $0.00 ($8,189.82)100.00%($8,189.82)($388.58) Insurance Reimbursement $0.00 ($11,475.61)100.00%($11,475.61)$0.00 Revenue Report-March, 2017 General Fund Estimated Received % Budget FY 2017 MTD Account Revenue To Date Received $ (+/-)Received-March Miscellaneous $2,000.00 ($66.69)3.33%$1,933.31 $0.00 Total CITY MANAGER $453,885.26 ($406,432.38)89.55%$47,452.88 ($388.58) CITY CLERK Recording Fees $155,000.00 ($83,412.00)53.81%$71,588.00 ($7,833.00) Photocopy Fees $28,000.00 ($18,460.12)65.93%$9,539.88 ($1,775.15) Photocopies-Vital Records $5,000.00 ($4,113.00)82.26%$887.00 ($369.00) Pet Licenses $25,000.00 ($17,025.28)68.10%$7,974.72 ($8,118.57) Pet Control Fees $5,000.00 ($475.00)9.50%$4,525.00 $0.00 Beverage/Cabaret License $8,000.00 ($8,080.00)101.00%($80.00)($2,005.00) Entertainment Permits $1,000.00 ($125.00)12.50%$875.00 ($75.00) Marriage Licenses $1,500.00 ($1,070.00)71.33%$430.00 ($40.00) Green Mountain Passports $300.00 ($152.00)50.67%$148.00 ($4.00) Motor Vehicle Renewals $1,000.00 ($477.00)47.70%$523.00 ($39.00) School Reimburse-Election $1,500.00 $0.00 0.00%$1,500.00 $0.00 Interest on Investments $21,000.00 ($15,395.08)73.31%$5,604.92 ($2,261.96) Total CITY CLERK $252,300.00 ($148,784.48)58.97%$103,515.52 ($22,520.68) PLANNING Building & Sign Permits $250,000.00 ($103,893.41)41.56%$146,106.59 ($14,511.79) Bianchi Ruling $8,000.00 ($8,045.00)100.56%($45.00)($933.00) Zoning and Planning $87,500.00 ($65,730.88)75.12%$21,769.12 ($5,315.00) Sewer Inspection Fees $2,500.00 ($1,550.00)62.00%$950.00 ($100.00) Peddlers' Permits $1,200.00 ($550.00)45.83%$650.00 ($70.00) Total PLANNING $349,200.00 ($179,769.29)51.48%$169,430.71 ($20,929.79) FIRE DEPARTMENT Outside Employment $4,000.00 ($168.50)4.21%$3,831.50 $0.00 Fire Inspection Revenue $475,000.00 ($120,271.94)25.32%$354,728.06 ($10,170.62) Loan Proceeds $0.00 ($1,900,000.00)100.00%($1,900,000.00)$0.00 Total FIRE DEPARTMENT $479,000.00 ($2,020,440.44)421.80%($1,541,440.44)($10,170.62) ELECTRICAL INSPECTION Electrical Inspection-Rev $75,000.00 ($18,371.00)24.49%$56,629.00 ($2,285.00) Total ELECTRICAL INSPECTION $75,000.00 ($18,371.00)24.49%$56,629.00 ($2,285.00) Revenue Report-March, 2017 General Fund Estimated Received % Budget FY 2017 MTD Account Revenue To Date Received $ (+/-)Received-March AMBULANCE Tax Revenues $155,000.00 ($155,000.00)100.00%$0.00 $0.00 Ambulance Service Billing $565,000.00 ($469,134.17)83.03%$95,865.83 ($57,860.66) Grand Isle Billing $6,000.00 ($3,834.01)63.90%$2,165.99 $0.00 Miscellaneous Income $12,000.00 ($9,075.00)75.63%$2,925.00 ($600.00) Total AMBULANCE $738,000.00 ($637,043.18)86.32%$100,956.82 ($58,460.66) POLICE DEPARTMENT Vermont District Court $70,000.00 ($20,098.00)28.71%$49,902.00 ($2,407.50) Traffic Safety Grant $7,500.00 $0.00 0.00%$7,500.00 $0.00 Sale of Cruisers/Bequest $3,000.00 ($3,330.00)111.00%($330.00)$0.00 Police Reports $7,500.00 ($5,389.35)71.86%$2,110.65 ($355.35) I.C.A.C.$0.00 ($1,841.27)100.00%($1,841.27)($1,089.91) SHARP $0.00 ($9,354.14)100.00%($9,354.14)($2,061.58) Drug Task Force Grant $94,000.00 ($52,415.77)55.76%$41,584.23 ($8,105.39) Parking Tickets $0.00 ($65.00)100.00%($65.00)$0.00 Alarm Registrations $10,000.00 ($2,805.00)28.05%$7,195.00 ($1,290.00) Alarm Fines $3,000.00 ($100.00)3.33%$2,900.00 $0.00 Off Duty Police $30,000.00 ($2,853.94)9.51%$27,146.06 ($913.88) Bullet Proof Vest Grant $3,500.00 $0.00 0.00%$3,500.00 $0.00 COPS Grant $85,000.00 ($14,000.00)16.47%$71,000.00 $0.00 Police Impact Fees $110,000.00 $0.00 0.00%$110,000.00 $0.00 3rd Floor Lease Revenue $103,469.34 ($67,823.12)65.55%$35,646.22 ($8,477.89) Solar Credits $0.00 ($2,881.84)100.00%($2,881.84)($789.49) Miscellaneous - Police $0.00 ($12,735.63)100.00%($12,735.63)($25.00) Total POLICE DEPARTMENT $526,969.34 ($195,693.06)37.14%$331,276.28 ($25,515.99) HIGHWAY DEPARTMENT Road Opening Permits $120,000.00 ($57,065.00)47.55%$62,935.00 ($464.00) Overweight truck permits $1,700.00 ($1,055.00)62.06%$645.00 ($660.00) Highway State Aid $222,000.00 ($175,798.81)79.19%$46,201.19 $0.00 Fuel Pump Surcharge $5,800.00 ($4,288.79)73.94%$1,511.21 ($517.31) HazMat Facility Lease $26,000.00 ($21,517.78)82.76%$4,482.22 ($4,954.00) School Bus Parts Reimbure $32,500.00 ($34,607.73)106.49%($2,107.73)($2,194.66) School gas/diesel reimbur $175,000.00 ($68,014.23)38.87%$106,985.77 ($8,623.02) School vehicle repair pay $19,000.00 $0.00 0.00%$19,000.00 $0.00 Salary Reimbursement-WPC $269,000.00 ($269,000.00)100.00%$0.00 $0.00 Revenue Report-March, 2017 General Fund Estimated Received % Budget FY 2017 MTD Account Revenue To Date Received $ (+/-)Received-March FICA Reimbursement-WPC $22,000.00 ($22,000.00)100.00%$0.00 $0.00 Pension Reimbursement-WPC $82,000.00 ($82,000.00)100.00%$0.00 $0.00 Benefits Reimbursement-WP $75,000.00 ($75,000.00)100.00%$0.00 $0.00 Salary Reimbursement-SW $18,000.00 ($18,000.00)100.00%$0.00 $0.00 Benefits Reimbursement-SW $10,000.00 ($10,000.00)100.00%$0.00 $0.00 Reimburse from Fund 265 $8,000.00 ($8,000.00)100.00%$0.00 $0.00 Highway Impact Fee-RT 2 $75,000.00 ($75,000.00)100.00%$0.00 $0.00 Hgwy Misc Revenue $20,000.00 ($51,418.21)257.09%($31,418.21)($1,446.16) Total HIGHWAY DEPARTMENT $1,181,000.00 ($972,765.55)82.37%$208,234.45 ($18,859.15) RECREATION RED ROCKS PARK Red Rocks Gate Receipts $6,500.00 ($10,087.00)155.18%($3,587.00)$0.00 From Fund 240 $55,000.00 ($55,000.00)100.00%$0.00 $0.00 Total RED ROCKS PARK $61,500.00 ($65,087.00)105.83%($3,587.00)$0.00 FACILITIES J/C Park Rentals $1,000.00 ($40.00)4.00%$960.00 $0.00 Total FACILITIES $1,000.00 ($40.00)4.00%$960.00 $0.00 SPECIAL ACTIVITIES Great Escape Ticket Sales $17,500.00 ($8,448.00)48.27%$9,052.00 $0.00 Aternoon Skiing/Middle Sc $0.00 $0.00 0.00%$0.00 $8,455.00 Afternoon Skiing/Orchard $0.00 $0.00 0.00%$0.00 $1,100.00 Youth Programs $116,000.00 ($80,893.75)69.74%$35,106.25 ($20,536.00) Adult Evening Classes $43,000.00 ($18,561.50)43.17%$24,438.50 ($2,651.00) City Fest $0.00 ($2,500.00)100.00%($2,500.00)$0.00 Recreation Impact Fees $194,500.00 $0.00 0.00%$194,500.00 $0.00 Hinesburg Road Grant $39,000.00 $0.00 0.00%$39,000.00 $0.00 Debt Proceeds $212,000.00 $0.00 0.00%$212,000.00 $0.00 Xfer In-Fund 309 $148,536.00 $0.00 0.00%$148,536.00 $0.00 Total SPECIAL ACTIVITIES $770,536.00 ($110,403.25)14.33%$660,132.75 ($13,632.00) Total RECREATION $833,036.00 ($175,530.25)21.07%$657,505.75 ($13,632.00) COMMUNITY LIBRARY Revenue Report-March, 2017 General Fund Estimated Received % Budget FY 2017 MTD Account Revenue To Date Received $ (+/-)Received-March Grants $0.00 ($142.50)100.00%($142.50)$0.00 Library Lost Books $0.00 ($777.63)100.00%($777.63)($51.53) Fines and Fees $3,800.00 ($3,692.00)97.16%$108.00 ($317.00) Non-Resident Fees $700.00 ($510.00)72.86%$190.00 ($60.00) Libriary Copies and Print $1,800.00 ($1,527.00)84.83%$273.00 ($132.00) Bookmobile Donations $500.00 $0.00 0.00%$500.00 $0.00 Total COMMUNITY LIBRARY $6,800.00 ($6,649.13)97.78%$150.87 ($560.53) Total GENERAL FUND $22,934,609.09 ($20,734,199.25)90.41%$2,200,409.84 ($3,633,940.55) Total All Funds $22,934,609.09 ($20,734,199.25)90.41%$2,200,409.84 ($3,633,940.55) Revenue Report-March, 2017 Sewer Fund Estimated Received % Budget FY 2017 MTD Account Revenue To Date Received $ (+/-)Received-March WATER POLLUTION CONTROL CHARGES FOR SERVICES W.P.C. User Fees $3,421,385.21 ($1,878,650.08)54.91%$1,542,735.13 ($296,934.71) W.P.C. Truck Charges $25,000.00 ($19,236.00)76.94%$5,764.00 $0.00 Connection Fees $200,000.00 ($115,548.31)57.77%$84,451.69 ($5,134.66) Enviromental Impact $10,000.00 $0.00 0.00%$10,000.00 $0.00 Total CHARGES FOR SERVICES $3,656,385.21 ($2,013,434.39)55.07%$1,642,950.82 ($302,069.37) BOND AND LOAN PROCEEDS Colchester A/P Pkwy Pmt $742,310.00 $0.00 0.00%$742,310.00 $0.00 GF Note Repay-Solar $166,000.00 ($12,004.00)7.23%$153,996.00 $0.00 Total BOND AND LOAN PROCEEDS $908,310.00 ($12,004.00)1.32%$896,306.00 $0.00 MISCELLANEOUS Miscellaneous Rev.-W.P.C.$2,000.00 ($44,081.32)2204.07%($42,081.32)($179.65) Total MISCELLANEOUS $2,000.00 ($44,081.32)2204.07%($42,081.32)($179.65) Total OPERATING TRANSFERS IN $4,566,695.21 ($2,069,519.71)45.32%$2,497,175.50 ($302,249.02) Total ENTERPRISE FUND/W.P.C.$4,566,695.21 ($2,069,519.71)45.32%$2,497,175.50 ($302,249.02) Total All Funds $4,566,695.21 ($2,069,519.71)45.32%$2,497,175.50 ($302,249.02) Revenue Report-March, 2017 Stormwater Fund Estimated Received % Budget FY 2017 MTD Account Revenue To Date Received $ (+/-)Received-March S/WATER UTILITIES REVENUE Intergovernmental Revenue $0.00 ($22,301.83)100.00%($22,301.83)($1,000.00) S/W User Fees - Water Bil $2,133,412.09 ($1,238,519.64)58.05%$894,892.45 ($189,269.43) Credit Application Fees $500.00 $0.00 0.00%$500.00 $0.00 Systems Takeover App Fees $0.00 ($500.00)100.00%($500.00)$0.00 Payment from GF re: GIS $38,000.00 ($6,500.00)17.11%$31,500.00 ($6,500.00) State of VT Fee for Servi $50,000.00 ($3,198.75)6.40%$46,801.25 $0.00 SW Grants $0.00 ($12,043.00)100.00%($12,043.00)$0.00 Stormwater Miscellaneous $0.00 ($25.00)100.00%($25.00)$0.00 Reserve Transfer In $407,972.65 $0.00 0.00%$407,972.65 $0.00 Total S/WATER UTILITIES REVENUE $2,629,884.74 ($1,283,088.22)48.79%$1,346,796.52 ($196,769.43) Total STORM WATER UTILITIES $2,629,884.74 ($1,283,088.22)48.79%$1,346,796.52 ($196,769.43) Total All Funds $2,629,884.74 ($1,283,088.22)48.79%$1,346,796.52 ($196,769.43) Expenditure Report-March, 2017 General Fund Year-to-Date % Budget FY 2017 Account Budget Expenditures Expended $ (+/-)Paid March Total CITY COUNCIL $297,619.00 $137,668.95 46.26%$159,950.05 $0.00 Total ADMINISTRATIVE INSURANCE $4,142,868.80 $2,570,734.47 62.05%$1,572,134.33 $195,535.27 Total CITY MANAGER $563,986.69 $394,595.08 69.97%$169,391.61 $58,567.04 Total LEGAL, ACCOUNTING, ACTUARY $264,700.68 $199,305.81 75.29%$65,394.87 $24,069.55 Total ADMINISTRATIVE SERVICES $709,233.78 $423,173.74 59.67%$286,060.04 $30,956.22 Total INFORMATION TECHNOLOGY $120,237.39 $88,908.04 73.94%$31,329.35 $9,325.97 Total CITY CLERK $256,680.03 $174,002.27 67.79%$82,677.76 $26,836.46 Total ASSESSING/TAX/FINANCE $305,010.48 $226,992.39 74.42%$78,018.09 $29,249.17 Total PLANNING/DESIGN REVIEW $399,813.52 $258,422.25 64.64%$141,391.27 $38,110.61 Total OPERATING TRANSFERS OUT $469,200.00 $448,200.00 95.52%$21,000.00 $0.00 Total GENERAL GOVERNMENT EXP.$7,529,350.37 $4,922,003.00 65.37%$2,607,347.37 $412,650.29 Total FIRE DEPARTMENT $2,585,104.94 $2,205,207.21 85.30%$379,897.73 $241,208.27 Total ELECTRICAL INSPECTIONS $2,450.00 $1,558.26 63.60%$891.74 $547.42 Total AMBULANCE $674,682.90 $658,880.27 97.66%$15,802.63 $87,262.47 Total POLICE DEPARTMENT $4,865,039.03 $3,218,443.68 66.15%$1,646,595.35 $412,977.16 Total PUBLIC SAFETY $8,127,276.87 $6,084,089.42 74.86%$2,043,187.45 $741,995.32 Total OPERATING TRANSFERS OUT $735,000.00 $735,000.00 100.00%$0.00 $0.00 Total HIGHWAY DEPARTMENT $2,464,532.83 $1,384,011.97 56.16%$1,080,520.86 $160,360.66 Total RECREATION ADMINISTRATION $317,845.62 $211,809.93 66.64%$106,035.69 $26,300.08 Total PROGRAMS $26,200.00 $15,211.38 58.06%$10,988.62 $1,494.98 Total RED ROCKS PARK $16,453.60 $13,314.09 80.92%$3,139.51 $1,035.03 Year-to-Date % Budget FY 2017 Account Budget Expenditures Expended $ (+/-)Paid March Total FACILITIES $657,120.99 $7,804.49 1.19%$649,316.50 $413.33 Total LEISURE ARTS $3,600.00 $0.00 0.00%$3,600.00 $0.00 Total SPECIAL ACTIVITIES $118,219.00 $81,686.91 69.10%$36,532.09 $12,540.94 Total COMMUNITY LIBRARY $463,376.59 $278,818.70 60.17%$184,557.89 $46,048.13 Total CAPITAL/PARK MAINTENANCE $223,266.01 $172,469.28 77.25%$50,796.73 $20,942.26 Total CULTURE AND RECREATION $1,826,081.81 $781,114.78 42.78%$1,044,967.03 $108,774.75 Total OTHER OPERATING ENTITIES $693,048.00 $698,593.49 100.80%($5,545.49)$155,173.67 Total CURRENT PRINCIPAL $796,512.00 $533,588.99 66.99%$262,923.01 ($0.01) Total CURRENT INTEREST $762,807.55 $216,455.47 28.38%$546,352.08 $136,894.71 Total All Funds $22,934,609.43 $15,354,857.12 66.95%$7,579,752.31 $1,715,849.39 Expenditure Report-March, 2017 General Fund Year-to-Date % Budget FY 2017 EOY Account Budget Expenditures Expended $ (+/-)Paid March Balance FIRE DEPARTMENT Fire Salaries-Permanent $1,599,725.44 $1,077,772.15 67.37%$521,953.29 $168,189.53 Holiday Pay $141,225.35 $177,574.24 125.74%($36,348.89)$25,153.92 Fair Labor Standard O/T $107,995.86 $30,771.85 28.49%$77,224.01 $154.44 F/D Overtime - Fill-In $120,000.00 $139,754.58 116.46%($19,754.58)$12,637.78 F/D Overtime - Training $35,000.00 $18,263.74 52.18%$16,736.26 $1,799.84 F/D Overtime - Emerg Call $7,000.00 $4,525.27 64.65%$2,474.73 $1,575.69 Wellness/Fitness $7,000.00 $10,875.00 155.36%($3,875.00)$0.00 Fire-Off Duty Outside Emp $3,000.00 $160.00 5.33%$2,840.00 $0.00 New Employee Training $7,500.00 $0.00 0.00%$7,500.00 $0.00 FICA/Medicare $161,638.29 $116,538.37 72.10%$45,099.92 $16,714.06 Office Supplies $2,000.00 $1,803.56 90.18%$196.44 $0.00 Vaccinations-HEP $1,000.00 $0.00 0.00%$1,000.00 $0.00 REHAB Supplies $300.00 $150.16 50.05%$149.84 $0.00 Station Operating Supply $4,500.00 $935.09 20.78%$3,564.91 $49.01 Maintenance Tools $420.00 $65.78 15.66%$354.22 $0.00 Uniforms-Career $13,400.00 $13,831.57 103.22%($431.57)$0.00 Firefighting Clothing $9,600.00 $7,975.05 83.07%$1,624.95 $381.39 Vehicle Tools $1,000.00 $84.74 8.47%$915.26 $0.00 Gas Chief's vehicle & rei $2,800.00 $1,523.81 54.42%$1,276.19 $198.49 Diesel Fuel $22,000.00 $10,552.77 47.97%$11,447.23 $1,289.26 Oil $600.00 $0.00 0.00%$600.00 $0.00 Films and Books $1,100.00 $18.85 1.71%$1,081.15 $18.85 Fire Prevention Materials $3,000.00 $1,311.81 43.73%$1,688.19 $0.00 Fire Extinguishers $600.00 $166.00 27.67%$434.00 $0.00 Airpacks Maintenance $4,500.00 $1,436.99 31.93%$3,063.01 $0.00 Telephone $14,000.00 $7,173.04 51.24%$6,826.96 $1,349.98 Postage-Tool Shipping $450.00 $152.92 33.98%$297.08 $0.00 Dues and Subscriptions $1,350.00 $986.50 73.07%$363.50 $150.00 Fire Station Maintenance $14,000.00 $16,086.07 114.90%($2,086.07)$823.56 Laundry and Bedding $900.00 $73.25 8.14%$826.75 $64.95 Radio Repair $2,500.00 $1,988.50 79.54%$511.50 $0.00 Vehicle Maintenance $16,000.00 $11,764.95 73.53%$4,235.05 $383.01 Vehicle Repair $26,000.00 $4,585.36 17.64%$21,414.64 $2,009.14 Expenditure Report-March, 2017 General Fund Year-to-Date % Budget FY 2017 EOY Account Budget Expenditures Expended $ (+/-)Paid March Balance Equipment R & M $7,500.00 $3,041.36 40.55%$4,458.64 $34.37 Truck Tires $6,000.00 $2,547.88 42.46%$3,452.12 $0.00 Computers Contract ACS $4,500.00 $2,587.79 57.51%$1,912.21 $7.48 Public Safety Equipment $35,000.00 $36,163.01 103.32%($1,163.01)$0.00 Conferences $1,500.00 $294.00 19.60%$1,206.00 $0.00 Training Schools $4,000.00 $4,141.49 103.54%($141.49)$606.25 Training Equipment $750.00 $139.40 18.59%$610.60 $0.00 Recruiting & Testing $1,000.00 $924.50 92.45%$75.50 $0.00 Fire Station #2 Heat/Elec $12,500.00 $13,465.81 107.73%($965.81)$1,797.29 Fire Safety Equipment $12,000.00 $0.00 0.00%$12,000.00 $0.00 F/D Furniture/Equipment $2,500.00 $0.00 0.00%$2,500.00 $0.00 Inspector Car/Equipment $250.00 $0.00 0.00%$250.00 $0.00 Firefighting Equipment-ho $12,500.00 $0.00 0.00%$12,500.00 $0.00 Public Safety Communicati $0.00 $330,000.00 100.00%($330,000.00)$0.00 Note on Quint Fire Truck $153,000.00 $153,000.00 100.00%$0.00 $5,819.98 Total FIRE DEPARTMENT $2,585,104.94 $2,205,207.21 85.30%$379,897.73 $241,208.27 $0.00 ELECTRICAL INSPECTIONS Uniforms-Electrical Insp $500.00 $424.30 84.86%$75.70 $307.00 Vehicle-Gas and Repairs $1,200.00 $680.31 56.69%$519.69 $99.87 Dues and Subscriptions $250.00 $453.65 181.46%($203.65)$140.55 Training Costs $500.00 $0.00 0.00%$500.00 $0.00 Total ELECTRICAL INSPECTIONS $2,450.00 $1,558.26 63.60%$891.74 $547.42 $0.00 AMBULANCE Permanent Salaries $370,779.19 $360,107.60 97.12%$10,671.59 $54,846.90 EMT Pay $80,861.09 $64,639.40 79.94%$16,221.69 $9,918.00 Holiday Pay $33,672.38 $52,858.39 156.98%($19,186.01)$5,764.70 Fair Labor Standard OT $25,749.47 $26,929.26 104.58%($1,179.79)$3,384.18 Overtime Fill-In $20,000.00 $38,857.57 194.29%($18,857.57)$2,391.50 Overtime - Training $15,000.00 $5,764.64 38.43%$9,235.36 $188.38 Overtime - Emergency Call $5,000.00 $991.83 19.84%$4,008.17 $72.72 Expenditure Report-March, 2017 General Fund Year-to-Date % Budget FY 2017 EOY Account Budget Expenditures Expended $ (+/-)Paid March Balance Wellness $1,000.00 $3,485.00 348.50%($2,485.00)$0.00 FICA/MEDI $37,970.77 $39,931.65 105.16%($1,960.88)$5,420.19 Office Supplies $2,000.00 $790.08 39.50%$1,209.92 $87.96 Medical Supplies-Disposab $23,500.00 $18,016.67 76.67%$5,483.33 $1,665.94 Medical Supplies-Oxygen $4,000.00 $1,894.96 47.37%$2,105.04 $158.31 Medical Equipment Replace $5,000.00 $9,252.84 185.06%($4,252.84)$1,222.07 Uniforms-Career $7,000.00 $8,188.71 116.98%($1,188.71)$307.00 Diesel Fuel $7,800.00 $3,333.09 42.73%$4,466.91 $386.50 Training Films and Books $750.00 $0.00 0.00%$750.00 $0.00 Telephone $3,000.00 $3,881.84 129.39%($881.84)$583.54 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 $691.81 27.67%$1,808.19 $32.29 Vehicle Repair $3,000.00 $659.38 21.98%$2,340.62 $32.29 Equipment R&M $1,250.00 $802.42 64.19%$447.58 $0.00 Office Equip Maintenance $350.00 $511.81 146.23%($161.81)$0.00 Billing Software/Upgrades $4,000.00 $4,045.05 101.13%($45.05)$780.00 Med Equipment Maintenance $1,000.00 $3,048.27 304.83%($2,048.27)$0.00 Training Programs $3,750.00 $78.00 2.08%$3,672.00 $20.00 Training Equipment $500.00 $0.00 0.00%$500.00 $0.00 To Reserve Fund-Training $10,000.00 $10,000.00 100.00%$0.00 $0.00 Total AMBULANCE $674,682.90 $658,880.27 97.66%$15,802.63 $87,262.47 $0.00 Expenditure Report-March, 2017 Sewer Fund Year-to-Date % Budget FY 2017 Account Budget Expenditures Expended $ (+/-)Paid March W/POLLUTION CONTROL EXPS. Salaries-Permanent $463,664.09 $317,310.31 68.44%$146,353.78 $40,682.58 Payment to Highway-wages $269,000.00 $271,896.01 101.08%($2,896.01)$1,142.25 Leave Time Turn-In $6,715.91 $0.00 0.00%$6,715.91 $0.00 Salaries-Overtime $36,028.29 $35,318.85 98.03%$709.44 $3,005.05 Payroll Svc & Testing to $724.50 $700.00 96.62%$24.50 $0.00 PAFO Certification $9,000.00 $0.00 0.00%$9,000.00 $0.00 Sick Bank Payouts $10,127.56 $0.00 0.00%$10,127.56 $0.00 Fringe Benefits $1,675.00 $241.70 14.43%$1,433.30 $0.00 FICA/Medicare $35,353.40 $27,941.49 79.03%$7,411.91 $3,416.86 Payment to Highway-FICA/M $22,000.00 $22,000.00 100.00%$0.00 $0.00 Vision Plan $832.74 $608.91 73.12%$223.83 $64.93 Disability Income $1,609.80 $862.47 53.58%$747.33 $95.83 Long Term Disability Insu $2,827.50 $3,611.07 127.71%($783.57)$401.23 Group Health Insurance $109,198.27 $70,983.77 65.00%$38,214.50 $7,653.33 Benefit Reimbursed to Hig $75,000.00 $75,000.00 100.00%$0.00 $0.00 Group Life Insurance $1,001.25 $1,915.74 191.33%($914.49)$212.86 Group Dental Insurance $5,411.73 $5,434.06 100.41%($22.33)$647.72 Pension $78,705.61 $25,574.02 32.49%$53,131.59 $0.00 ICMA Match $16,258.34 $12,022.98 73.95%$4,235.36 $1,589.56 Pension Payment to Highwa $82,000.00 $82,000.00 100.00%$0.00 $0.00 Pension Note Payment $38,675.00 $0.00 0.00%$38,675.00 $0.00 Office Supplies $1,000.00 $1,340.89 134.09%($340.89)$0.00 Plant Supplies $85,000.00 $62,269.27 73.26%$22,730.73 $2,323.70 Ferrous Chloride $500.00 $0.00 0.00%$500.00 $0.00 Polymer $95,000.00 $51,914.69 54.65%$43,085.31 $0.00 Sewer Line Maint/Supplies $15,000.00 $4,375.41 29.17%$10,624.59 $2,146.16 Year-to-Date % Budget FY 2017 Account Budget Expenditures Expended $ (+/-)Paid March Pumping Station Supplies $20,000.00 $13,699.45 68.50%$6,300.55 $0.00 Laboratory Supplies $10,000.00 $5,524.45 55.24%$4,475.55 $528.22 Caustic Soda and Lime $55,000.00 $56,773.65 103.22%($1,773.65)$4,784.25 Alum $70,000.00 $61,222.76 87.46%$8,777.24 $2,707.78 Water-Airport-B/B-Pump $1,750.00 $845.61 48.32%$904.39 $199.51 Generator Preventive Main $5,000.00 $6,680.00 133.60%($1,680.00)$0.00 Clothing Supplies $4,594.02 $1,993.62 43.40%$2,600.40 $0.00 Truck Parts $6,000.00 $6,990.19 116.50%($990.19)$7.03 Gas - Diesel Fuel - Oil $14,500.00 $6,429.62 44.34%$8,070.38 $844.64 Fuel - Airport Parkway $50,000.00 $35,932.47 71.86%$14,067.53 $6,983.01 Fuel - Bartlett Bay $5,500.00 $3,245.86 59.02%$2,254.14 $1,119.99 Advertising $0.00 $167.20 100.00%($167.20)$0.00 Telephone and Alarms $5,500.00 $5,055.57 91.92%$444.43 $2,010.74 Postage $100.00 $35.22 35.22%$64.78 $0.00 Memberships/Dues $750.00 $564.00 75.20%$186.00 $0.00 Discharge Permits $20,000.00 $13,650.00 68.25%$6,350.00 $0.00 Workers Comp Insurance $16,458.94 $11,204.34 68.07%$5,254.60 $0.00 Property Insurance $42,007.00 $28,097.54 66.89%$13,909.46 $0.00 Unemployment Insurance $966.81 $1,036.78 107.24%($69.97)$214.20 Safety $5,000.00 $8,039.74 160.79%($3,039.74)$591.60 Billing Payment to CWD $37,000.00 $23,022.50 62.22%$13,977.50 $0.00 Soil/Sludge Management $145,000.00 $83,352.76 57.48%$61,647.24 $9,199.89 Discharge Water Testing $1,250.00 $470.00 37.60%$780.00 $0.00 Landfill Fees $5,000.00 $675.00 13.50%$4,325.00 $0.00 HVAC Maintenance $10,500.00 $7,417.34 70.64%$3,082.66 $7,417.34 Auditing $6,214.00 $6,214.00 100.00%$0.00 $0.00 Engineering/Consulting $50,000.00 $65,009.75 130.02%($15,009.75)$9,380.50 Landfill Engineering $10,000.00 $15,938.30 159.38%($5,938.30)$0.00 PMT TO STORMWATER-GIS $4,000.00 $4,000.00 100.00%$0.00 $4,000.00 Office Equipment Contract $1,500.00 $0.00 0.00%$1,500.00 $0.00 Wireless Communication $2,400.00 $1,312.07 54.67%$1,087.93 $180.86 Year-to-Date % Budget FY 2017 Account Budget Expenditures Expended $ (+/-)Paid March Administrative Services $150,335.71 $150,335.71 100.00%$0.00 $0.00 Burlington Sewer Lines $217,500.00 $0.00 0.00%$217,500.00 $0.00 Travel & Training $3,000.00 $1,542.92 51.43%$1,457.08 $0.00 Hinesburg Rd Pumping Dsgn $12,500.00 $0.00 0.00%$12,500.00 $0.00 Utilities-Pumping Station $58,000.00 $37,706.86 65.01%$20,293.14 $6,291.80 Utilities--L/Fill Station $5,000.00 $1,446.98 28.94%$3,553.02 $0.00 Electric-Airport Parkway $210,000.00 $124,348.21 59.21%$85,651.79 $14,744.27 Electric-Bartlett Bay $115,000.00 $70,919.20 61.67%$44,080.80 $9,079.10 Building Improvements $5,000.00 $8,008.63 160.17%($3,008.63)$1,420.68 Pumps Replacements $35,000.00 $39,937.42 114.11%($4,937.42)$4,671.89 Pump Repairs $25,000.00 $33,361.45 133.45%($8,361.45)$0.00 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 $245,000.00 100.00%$0.00 $245,000.00 Scope BTV/SB Sewer $45,000.00 $11,000.13 24.44%$33,999.87 $0.00 Capital Improvements-CIP $100,000.00 $0.00 0.00%$100,000.00 $0.00 Total W/POLLUTION CONTROL EXPS.$4,566,695.21 $2,271,528.94 49.74%$2,295,166.27 $394,759.36 Total ENTERPRISE FUND/W.P.C.$4,566,695.21 $2,271,528.94 49.74%$2,295,166.27 $394,759.36 Total All Funds $4,566,695.21 $2,271,528.94 49.74%$2,295,166.27 $394,759.36 Expenditure Report-March, 2017 Stormwater Fund Year-to-Date % Budget FY 2017 Account Budget Expenditures Expended $ (+/-)Paid March S/WATER UTILITIES EXPS Salaries-Permanent $418,385.30 $296,443.24 70.85%$121,942.06 $41,182.61 Leave Time Turn-In $3,000.00 $0.00 0.00%$3,000.00 $0.00 Salaries-Overtime $20,000.00 $8,018.42 40.09%$11,981.58 $2,042.97 Payroll Svc & Testing to $480.00 $480.00 100.00%$0.00 $0.00 Fringe Benefits $3,575.00 $10.60 0.30%$3,564.40 $0.00 FICA/Medicare $33,147.74 $25,475.23 76.85%$7,672.51 $3,562.56 Vision Plan $802.12 $383.64 47.83%$418.48 $39.90 Disability Income Insuran $2,026.08 $703.44 34.72%$1,322.64 $78.16 Group Health Insurance $84,999.99 $44,826.46 52.74%$40,173.53 $5,346.81 Reimburse to Highway Bene $9,125.00 $10,000.00 109.59%($875.00)$0.00 Group Life Insurance $1,001.25 $1,255.41 125.38%($254.16)$139.49 Group Dental Insurance $6,299.13 $3,846.57 61.07%$2,452.56 $387.67 Pension $40,082.45 $0.00 0.00%$40,082.45 $0.00 ICMA Match $22,548.84 $14,264.96 63.26%$8,283.88 $1,861.37 Pension Note Payment $26,510.00 $0.00 0.00%$26,510.00 $0.00 Office Supplies $2,250.00 $2,038.40 90.60%$211.60 $0.00 Small Equipment/Tools $4,000.00 $1,515.84 37.90%$2,484.16 $0.00 Uniforms/Supplies $5,270.30 $3,883.05 73.68%$1,387.25 $322.52 Gasoline $4,500.00 $1,792.55 39.83%$2,707.45 $223.90 Oil $350.00 $42.39 12.11%$307.61 $0.00 Diesel Fuel $8,000.00 $2,737.88 34.22%$5,262.12 $369.45 Permit Requirement-Educat $10,900.00 $7,780.00 71.38%$3,120.00 $0.00 Telephone $2,400.00 $1,669.04 69.54%$730.96 $373.25 Postage $200.00 $124.28 62.14%$75.72 $0.00 Membership/Dues $600.00 $213.00 35.50%$387.00 $0.00 Discharge Permits Renewal $21,500.00 $29,310.40 136.33%($7,810.40)$0.00 Year-to-Date % Budget FY 2017 Account Budget Expenditures Expended $ (+/-)Paid March Workers Comp Insurance $9,000.00 $3,737.60 41.53%$5,262.40 $0.00 Property Insurance $5,305.00 $5,543.97 104.50%($238.97)$0.00 Unemployment Insurance $2,000.00 $1,519.25 75.96%$480.75 $443.11 GIS-Fees/Software $12,000.00 $7,317.25 60.98%$4,682.75 $7,022.35 Sediment & Depris Disposa $750.00 $20.49 2.73%$729.51 $0.00 Water Quality Monitoring $35,000.00 $30,992.00 88.55%$4,008.00 $0.00 Building/Grounds Maint $1,600.00 $0.00 0.00%$1,600.00 $0.00 Vehicle Maintenance $7,500.00 $4,379.79 58.40%$3,120.21 $301.15 Storm System Maint Materi $60,000.00 $11,687.64 19.48%$48,312.36 $4.33 Printing $100.00 $0.00 0.00%$100.00 $0.00 Legal Services $15,000.00 $6,003.77 40.03%$8,996.23 $208.00 To GF-Audit and Actuary $3,555.00 $3,555.00 100.00%$0.00 $0.00 Engineering-Nghbrhd Asst $24,000.00 $517.50 2.16%$23,482.50 $0.00 Billing Payment CWD $43,000.00 $23,022.50 53.54%$19,977.50 $0.00 Office Equipment Maintena $750.00 $0.00 0.00%$750.00 $0.00 Equipment Rental $1,500.00 $488.89 32.59%$1,011.11 $0.00 Administrative Services $134,391.55 $134,391.55 100.00%$0.00 $0.00 Conference/Training Expen $4,250.00 $2,244.10 52.80%$2,005.90 $0.00 S/W Bldg Utilities $3,750.00 $2,301.60 61.38%$1,448.40 $481.54 Stormwater Pumps Electric $480.00 $164.11 34.19%$315.89 $20.00 Vehicles/Equipment $200,000.00 $0.00 0.00%$200,000.00 $0.00 Stormwater Capital Projec $1,300,000.00 $94,820.50 7.29%$1,205,179.50 $1,659.35 Office Furniture/Equipmen $1,000.00 $771.78 77.18%$228.22 $771.78 Flow Restoration Plan Ana $15,000.00 $21,938.08 146.25%($6,938.08)$0.00 Reimbursement to Highway $18,000.00 $18,000.00 100.00%$0.00 $0.00 Total S/WATER UTILITIES EXPS $2,629,884.75 $830,232.17 31.57%$1,799,652.58 $66,842.27 Total STORM WATER UTILITIES $2,629,884.75 $830,232.17 31.57%$1,799,652.58 $66,842.27 Total All Funds $2,629,884.75 $830,232.17 31.57%$1,799,652.58 $66,842.27