Loading...
HomeMy WebLinkAboutAgenda - City Council - 12/18/2017 AGENDA SOUTH BURLINGTON CITY COUNCIL South Burlington City Hall 575 Dorset Street SOUTH BURLINGTON, VERMONT Regular Session 6:30P.M. __ Monday, December 18, 2017 1. Pledge of Allegiance. (6:30 – 6:31 PM) 2. Instructions on exiting building in case of emergency. (6:31 – 6:32 PM) 3. Possible Executive Session upon making a specific finding that premature general public knowledge would clearly place the public body or a person involved at a substantial disadvantage to discuss: • Labor Relations Agreements with Employees, 2018, update; • Pending or Probable Civil Litigation, update; • Confidential Atty/Client Communications; • Negotiating or Securing of Real Estate Purchase Options; • The Appointment, Employment, or Evaluation of a Public Officer or Employee. (6:32 – 7:15 PM) 4. Agenda Review: Additions, deletions or changes in order of agenda items. (7:15 – 7:16 PM) 5. Comments and questions from the public not related to the agenda. (7:16 – 7:26 PM) 6. Announcements and City Manager’s report (7:26 – 7:30 PM) 7. Public Hearing – Ordinance Codification Project, Second Readings for repeal – Andrew Bolduc. (warned for 7:30 PM) (7:30 – 7:40 PM) (Ordinances attached to prior agenda) • Ordinance for the Control of Air Pollution – Dated 6/16/1969 • Ordinance to Control the Sanitary Landfill in South Burlington – Dated 11/19/1990 • Ordinance to Prohibit the Disposition of Ice and Snow in the Public Streets – Dated 4/5/1971 • Ordinance re: Solid Waste Dumping/Littering – Dated 9/5/1967 8. Announcements and City Manager’s Report. (Continued – 7:40 – 7:45 PM) 9. Consent Agenda: (7:45 – 7:47 PM) A. *** Sign Disbursement B. *** Approve South Pointe stormwater system acceptance and related easements. C. *** Approve Dorset Farms stormwater system acceptance and related easements. D. *** Approve minutes for December 4th. 10. Councilors’ reports from Committee assignments. 7:47 – 7:57 PM) 11. Presentation and discussion by representatives of the Board of Civil Authority related to notice of property taxes due – Peter Taylor. (7:57 – 8:17 PM) 12. ***Winooski Valley Park District presentation and assessment for FY19 ­ Nick Warner (8:17 – 8:32 PM). 13. Presentation by Champlain Housing Trust related to proposed construction of affordable housing in City Center, request for application for funding under the Vermont Community Development Program and possible warning of public hearing for such application. (8:32 – 8:47 PM) 14. FY ’17 Actuarial valuation of the pension plan – Erik Schait & Tracy Braun. (8:47 – 9:17 PM) 15. Update of amendments to Pension Plan document – Tom Hubbard. (9:17 – 9:27 PM) 16. Overview of Draft FY19 Budget ­ Tom Hubbard. (9:27 – 9:57 PM) 17. *** Discussion and possible approval of a Resolution for the Formation of a Union Municipal District and possible approval of a ballot item to present to the voters of South Burlington at the Annual Meeting on March 6, 2018 regarding the formation of a Union Municipal District to be known as the Chittenden County Public Safety Authority – Kevin Dorn. (9:57 – 10:07 PM) 18. Other Business: (10:07 – 10:09 PM) A. Items held from the Consent Agenda 19. Adjourn. (10:09 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. Cost of development/cost of open space. Issues that have been discussed by the Council where further action is pending: 1. Street light policy. 2. Airport noise survey. 3. Evaluate water billing and rate structure. South Burlington City Council Meeting Participation Guidelines City Council meetings are the only time we have to discuss and decide on City matters. We want to be as open and informal as possible; but Council meetings are not town meetings. In an effort to conduct orderly and efficient meetings, we kindly request your cooperation and compliance with the following guidelines. 1. Please be respectful of each other (Council members, staff, and the public). 2. Please raise your hand to be recognized by the Chair. Once recognized please state your name and address. 3. Please address the Chair and not other members of the public, staff, or presenters. 4. Please abide by any time limits that have been set. Time limits will be used to insure everyone is heard and there is sufficient time for the Council to conduct all the business on the agenda. 5. The Chair will make a reasonable effort to allow everyone to speak once before speakers address the Council a second time. 6. The Chair may ask that discussion be limited to the Councilors once the public input has been heard. 7. Please do not interrupt when others are speaking. 8. Please do not repeat the points made by others, except to briefly say whether you agree or disagree with others views. 9. Please use the outside hallway for side conversations. It is difficult to hear speaker remarks when there are other conversations occurring. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. South Burlington Water Dept. Accounts Payable Check Register Date: 12/19/17 Date Check No. Paid To Memo Amount Paid 12/19/2017 3304 South Burlington Ace 11.94 Date Voucher Number Reference Voucher Total Amount Paid 11/20/2017 VI-14426 804257/3 11.94 11.94 12/19/2017 3305 E.J. Prescott, Inc. 22.62 Date Voucher Number Reference Voucher Total Amount Paid 11/15/2017 VI-14429 5325991 22.62 22.62 12/19/2017 3306 Griffin & Griffin Excavating, Inc. 783.00 Date Voucher Number Reference Voucher Total Amount Paid 11/15/2017 VI-14430 8903 783.00 783.00 12/19/2017 3307 Ti-Sales Inc. 10,843.20 Date Voucher Number Reference Voucher Total Amount Paid 11/27/2017 VI-14427 INV0085729 4,093.20 4,093.20 11/27/2017 VI-14428 INV0085729 2,250.00 2,250.00 12/6/2017 VI-14431 INV0086123 4,500.00 4,500.00 Total Amount Paid: 11,660.76 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: December 14, 2017 Page 1 of 1 Memo To: South Burlington City Council From: Tom DiPietro, Deputy Director of Public Works CC: Kevin Dorn, City Manager Justin Rabidoux, Director of Public Works Date: December 14, 2017 Re: Acceptance of the South Pointe Stormwater System and Easements The South Burlington Stormwater Utility worked with the South Pointe Homeowners Association to evaluate and complete required maintenance of the stormwater detention ponds that serve this development. The South Pointe neighborhood is covered by State of Vermont stormwater permits (3443-INDS.R1 and 3443-INDS.1) issued to both the City and the Homeowners Associations. Now that required maintenance has been completed the system is eligible for City acceptance as described in section 7.1 of the City’s “Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems”. In order for the City to officially take over maintenance responsibility for this stormwater system the South Burlington City Council needs to accept new easements around the stormwater infrastructure. Attached to this memo please find copies of documents related to the proposed stormwater easements. Included with these documents are maps showing the location of the proposed easements. Also attached is a copy of the “Stormwater System MS4 Permit Coverage Agreement” signed by the President of the South Pointe Homeowners Association. This information has been reviewed and approved by the City’s outside legal counsel. Once approved by City Council, these documents will be signed by the City Manager and recorded in the South Burlington land records. I recommend that City Council vote to accept responsibility for the South Pointe stormwater system and accept conveyance of the easements necessary to access and maintain this system. If you have any questions, please contact me at (802) 658 – 7961 x6108 or tdipietro@sburl.com. Memo To: South Burlington City Council From: Tom DiPietro, Deputy Director of Public Works CC: Kevin Dorn, City Manager Justin Rabidoux, Director of Public Works Date: November 15, 2017 Re: Acceptance of Dorset Farms Stormwater System and Easements The South Burlington Stormwater Utility worked with the Dorset Farms Homeowners Association to evaluate and complete required maintenance of the stormwater detention ponds that serve the neighborhood. This development is covered by State of Vermont stormwater permit (3049-9010.R) issued to the both the City and the homeowners association. Now that required maintenance has been completed, the system is eligible for City acceptance as described in section 7.1 of the City’s “Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems”. In order for the City to officially take over maintenance responsibility for this stormwater system the South Burlington City Council needs to accept new easements around the stormwater infrastructure. Attached to this memo please find copies of easement documents and maps showing the location of proposed stormwater easements. Also attached is a copy of the “Stormwater System Acquisition Agreement” signed by the President of the Dorset Farms Homeowners Association. This information has been reviewed and approved by the City’s outside legal counsel. Once approved by Council, the City Manager will then sign these documents and they will be recorded in the land records. I recommend that City Council vote to accept responsibility for the Dorset Farms stormwater system and accept conveyance of the easements necessary to access and maintain this system. If you have any questions, please contact me at (802) 658 – 7961 x6108 or tdipietro@sburl.com. CITY COUNCIL 4 DECEMBER 2017 The South Burlington City Council held a regular meeting on Monday, 4 December 2017, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: H. Riehle, Chair; P. Nowak, T. Barritt, T. Chittenden Also Present: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; A. Bolduc, City Attorney; P. Conner, Director of Planning & Zoning; I. Blanchard, Project Manager; T. LeBlanc, Assessor; B. Nowak, B. Sirvis, C. Sargent 1. Instructions on exiting building in case of emergency: Mr. Dorn provided instructions on emergency evacuation of the building. 2. Agenda Review: Additions, deletions or changes in order of agenda items: Mr. Dorn noted that item #9 is being postponed as Mr. Rabidoux could not be present. Ms. Riehle asked to add a discussion as to what members would like her to bring up in her talks with Mayor Weinberger. 3. Comments and Questions from the public not related to the agenda: No issues were raised. 4. Announcements and City Manager’s Report: Council members reported on meetings and events they had attended in recent weeks. Mr. Dorn: Thanked Mr. Hubbard for keeping things going while he was on vacation. The Attorney General has signed off on the Union Municipal Agreement. It will come to the Council for approval on 18 December and will be on the March ballot for voter approval. The CCRPC Legislative Breakfast is on Tuesday, 12 December, 7:30 a.m., at Trader Duke’s. The newest canine officer, Rumble, has some medical issues with his legs and is being retired. His training officer is adopting him. The city will be looking to locate a new canine. Thanked those who have helped with the move of the Community Library to UMall. There will be a “soft opening” on Thursday. Reconstruction in the City Hall front hall is for a general greeting area. The Auclair property is still in negotiation. Mr. Conner is on that team and keeps staff apprised of where things stand. CITY COUNCIL 4 DECEMBER 2017 PAGE 2 5. Consent Agenda: a. Approve and Sign Disbursement b. Approve Minutes for 6 November and 20 November 2017 c. Approve filing for grant for construction of a new stormwater treatment practice near the intersection of Woodcrest Drive and Dean Street d. Approve filing for grant that would cover design and construction costs associated with retrofit of Kennedy Drive Pond 7 e. Approve Heatherfield Stormwater System Acceptance and related Easements Ms. Nowak moved to approve the consent Agenda as presented. Mr. Barritt seconded. Motion passed 4-0. 6. Update on relocation and process for establishing Dog Park: Mr. Barritt noted he had received one call and a few e-mails from unhappy dog owners. Ms. Nowak said she got one call from a dog owner who felt the site had gotten more use than the previous site at the Airport. One time, when there were 12 dogs there, she questioned their owners and found that only 3 came from South Burlington. She felt that area was too small for the number of dogs that were there. Mr. Dorn noted that Maggie Leugers is leading the effort to evaluate properties and potential restrictions. Mr. Barritt suggested staking out an area with temporary materials. Mr. Barritt also noted a person’s concern with taxi drivers parking there in the very early hours of the morning waiting for calls. He suggested the Police look into this. Ms. Nowak noted there are certain cab companies that are not part of the “queue.” Mr. Chittenden agreed with the need for more dog parks but felt it set a bad precedent to close the park so quickly. 7. Public Hearing and Potential Approval of Council Amendment for the Capital Improvement Plan: Mr. Hubbard said there have been very few changes to what the Council approved. Changes relate to changing the vote from March to November. Mr. Barritt moved to open the public hearing. Ms. Nowak seconded. Motion passed 4-0. Ms. Riehle asked for public comment. There was none. No issues were raised by the Council. CITY COUNCIL 4 DECEMBER 2017 PAGE 3 Ms. Nowak moved to close the public hearing. Mr. Barritt seconded. Motion passed 4-0. Mr. Barritt moved that the City Council amend the Capital Improvement Program by striking the 2017 FY 2018-2027 amendment in its entirety, and replaces it with the City’s Fiscal Year 2019- 2028 Capital Improvement Program. Ms. Nowak seconded. Motion passed 4-0. 8. Consider and approve Errors and Omissions Report from Grand List: Mr. LeBlanc explained that changes were made after the Grand List had been published. The changes need to be approved by 30 December 2017. Mr. Barritt asked about Lily Lane. Mr. LeBlanc said the process and valuation changes as soon as a property is bought. The valuation for Lily Lane hasn’t changed but the taxation has. Mr. Dorn noted this is part of the agreement with the City of Burlington. Mr. Barritt felt that as there were people living in the properties, there should be taxes paid. Mr. LeBlanc noted that the City recoups about 75% of taxes through the PILOT agreement. Ms. Nowak said they should find out of there has been any progress regarding purchase and movement of those homes. Mr. Chittenden noted there will be a loss of abut $250,000 to the State Education fund because of that tax agreement. Mr. LeBlanc noted that it is a struggle to get people to file the Homestead Declaration. He stressed that if they don’t file it, they will not receive any state payments. Members felt they wanted to hear from Mr. Taylor, Chair of the BCA, regarding issues raised by that Board related to the transferring of property and who gets the tax bill. Mr. Barritt moved to approve the Errors and Omissions report as presented. Mr. Nowak seconded. Motion passed 4-0. 9. General Discussion Regarding Consideration and Timing for a Commercial Reappraisal: Mr. LeBlanc explained the background and noted that when appraisals get below 80% of fair market value, the city has to do a reappraisal. This was last done in 2006, and things have worked out pretty well since then. Sales for living units have gone up in value, but commercial is lagging behind. CITY COUNCIL 4 DECEMBER 2017 PAGE 4 Mr. LeBlanc then explained the Coefficient of Dispersion (COD) which measures the equity between properties and noted that there is less equity in commercial properties. Reappraisal companies are booked out for several years, and the reappraisal process is very time consuming. The last appraisal took 2 years. Mr. Chittenden asked if there is a particular area of the city to focus on. Mr. LeBlanc said he didn’t think so. The problem is there are not a lot of sales to go by. Ms. Riehle said that to encourage business in South Burlington, taxes have to be fair. Mr. LeBlanc noted that in Burlington, commercial property is assessed at 120% of value. Mr. Barritt was concerned that doing a commercial reappraisal might dump more of a load on homeowners. Mr. Hubbard noted that there is enough money in the reappraisal fund to pay for a commercial reappraisal. Ms. Riehle felt the city should at least put out an RFP and then discuss whether doing the appraisal is worth it. Mr. Chittenden moved to direct the City Manager to develop an RFP for a commercial reappraisal. Mr. Barritt seconded. Motion passed 4-0. Mr. Chittenden said he would like to hear thoughts from SBBA. Mr. Dorn said he would reach out to them. 10. Ordinance Codification Project – First Reading Council review and potentially schedule a public hearing for a Second Reading for possible update, amendment and/or repeal of the following Ordinances: a. Ordinance Prohibiting Smoking in Places of Public Access b. Ordinance Relating to Procedure for Levying Special Assessments – Adopted 6/1/62 c. Ordinance Regulating the Construction of Sidewalk and Storm Drain on White Street Between Williston Road and Airport Parkway Establishing a Local Improvement District and Levying Special Assessments According to Benefits Conferred Upon the Property in Said District – Adopted 8/8/62 CITY COUNCIL 4 DECEMBER 2017 PAGE 5 d. Ordinance Regulating the Construction of Sidewalk and Storm Drain on Dorset Street Between the North Boundary Line of the Municipal Lot and the South Side of Williston Road – Adopted 8/26/63. Mr. Bolduc noted that hasn’t been an enforcement issue with the Smoking Prohibition ordinance. It now includes tobacco substitutes. Mr. Bolduc is recommending repeal of the other three ordinances as there is now new state legislation in place. Mr. Barritt moved that the Council amend the Ordinance Prohibiting Smoking in Places of Public Access and repeal the three ordinances as warned for tonight’s meeting relating to special assessments and cause a short and concise one-paragraph description of the effects to be published in The Other Paper together with notice of a second reading and public hearing to consider the same for final passage at 7:15 p.m. at the first regular City Council meeting in January, currently scheduled for January 2, 2018. Ms. Nowak seconded. Motion passed 4-0. 11. Councilors’ reports from Committee Assignments: Mr. Chittenden advised that CCTA toured the Berlin facility this morning to see if it is worth $1,000,000 to upgrade a facility that is in a flood plain. CCTA is also petitioning to officially change its name to Green Mountain Transit. Ms. Nowak said she would like more information on communities to get service but don’t pay for it. Mr. Chittenden said they are looking for a budget survey as to what it would look like if all communities paid. 12. Council discussion of survey data regarding the Noise Compatibility Programs for residents living in proximity of the Airport: Mr. Dorn noted that Ms. Emery and Ms. Holm worked on the survey which was dispersed as much as possible. As of today, there have been 100+ responses, and the site is still open. He directed attention to the results. Members agreed to keep the site open to generate more comments. CITY COUNCIL 4 DECEMBER 2017 PAGE 6 Ms. Nowak suggested having the Energy Committee come in and talk about what they are trying to put together to get high energy efficiency along with sound mitigation. 13. Discussion regarding restricting access to several roads including Picard Circle and Kirby Road Extension, and Council discussion regarding ways to influence recommendations with the City of Burlington regarding decisions that directly affect our community: Mr. Dorn drew attention to a line of jersey barriers that the Airport has put at the entrance to the former dog park. Ms. Nowak noted receiving a call from someone who has seen cars out there late in the evening which they felt involved drug deals. She was OK with the barriers if it would prevent such activity. Mr. Dorn said he has been to the site more than a dozen times and has never found evidence of drug use. He has asked the Police Chief to step up surveillance of the area, and after three weeks, there has been no report of unusual activity there. Mr. Dorn noted the city has a statutory obligation to keep roads open. Mr. Barritt said he would do nothing. Ms. Riehle was OK with the barriers on Airport property. She was against a chain link fence across the road. She also had no interest in ceding this property to the Airport without getting something for it. Ms. Riehle noted that Ms. Emery had suggested looking into a dog park at Picard Circle. Ms. Nowak said the FAA has said that is not an “airport use” which is why the dog park was thrown out of the previous airport location. She suggested looking into some sort of “swap.” Ms. Riehle was opposed to closing the 2 roads. Other members agreed. Ms. Riehle then asked what the Council supports in the way of conversations with the City of Burlington and City of Winooski. She said she will raise the issue regarding taxi cabs idling at JC Park and also how South Burlington gets more of a say without full governance. Mr. Chittenden noted that the Airport direction has accused him of being “untruthful” but has yet to provide any specifics. CITY COUNCIL 4 DECEMBER 2017 PAGE 7 Mr. Barritt felt there should be a specific request for any rezoning. Ms. Nowak said the city wants recommendations from its advisory committee to go to the FAA. Mr. Dorn said he was told that airport staff decided what goes to the FAA. Ms. Riehle suggested saying to Mayor Weinberger that the City Council’s bottom line is to have real input and the power to say what is the best recommendation for the citizens of South Burlington. Mr. Barritt said individual residents represent their own interests. There needs to be representation of the city’s interests. Mr. Chittenden said the Airport Commission should be what it was intended to be before its power was taken away from them and they were made only ‘advisory.’ Ms. Sargent felt the meetings that were held at Chamberlin School provided a personal touch which was better than written information. She felt there should be another such meeting when there is something to share. Mr. Chittenden said he would push back on the Airport saying they want to hear from the people, not the governing body. The people elect the Council to represent them. Ms. Riehle added that there are noise mitigations that are not “personal,” such as berms. Individuals might not know about these options. She felt the political arm of a community should be able to advocate for its citizens. Ms. Sargent cited the distrust that citizens have for the Airport and the Burlington Mayor. 14. October Financials: Mr. Hubbard reported that 33% into the fiscal year, revenues are at 28% of projections and expenditures at 32%. Local option tax money will be reflected in the November report. It is on target. The city is asking for more specific information on the local option money (e.g., specific businesses, etc.). Enterprise funds are in good shape. The FY19 budget is taking shape. Mr. Hubbard said he hoped to give the Council a draft at its next meeting. The hope is to have the audit at that meeting as well as actuaries. There will be a dedicated budget meeting in January. CITY COUNCIL 4 DECEMBER 2017 PAGE 8 Mr. Barritt asked if there was any impact on the budget from the furniture and equipment for the Library. Mr. Hubbard said there was not; that came from the City Center reserve fund. 15. Liquor Control Board: Mr. Barritt moved that the Council convene as Liquor Control Board. Ms. Nowak seconded. Motion passed 4-0. Members considered a first class license request from Dave’s Cosmic Subs Vermont. Ms. Nowak moved to approve the first class license for Dave’s Cosmic Subs Vermont as presented. Mr. Barritt seconded. Motion passed 4-0. Mr. Barritt moved to reconvene as City Council. Ms. Nowak seconded. Motion passed 4-0. 16. Other Business: a. Items Held from Consent Agenda b. Other No other business was presented. As there was no further business to come before the Council, Mr. Chittenden moved to adjourn. Mr. Barritt seconded. Motion passed unanimously. The meeting was adjourned at 9:42 p.m. ________________________________ Clerk WINOOSKI VALLEY PARK DISTRICT FY2019 OPERATING BUDGET (July 1, 201 - June 30, 2019) Operating Revenue Actual Budgeted Proposed % Change from FY2017 FY2018 FY2019 Previous FY 1. Municipal Support from Member Towns $303,130.00 $319,725.00 $319,725.00 0.0% 2. Interest $111.66 $175.00 $175.00 0.0% 3. Caretaker House Rental $15,082.00 $15,600.00 $15,600.00 0.0% 4. Facility Rentals $10,684.57 $15,950.00 $21,500.00 34.8% 5. Programs $20,316.64 $16,900.00 $22,050.00 30.5% 6. General Income $50.00 $2,000.00 $500.00 -75.0% 7. Prior Year Refunds $0.00 $0.00 $0.00 0.0% Total Operating Revenue $349,374.87 $370,350.00 $379,550.00 2.5% Operating Expenses Actual Budgeted Proposed % Changed from FY2017 FY2018 FY2019 Previous FY Employee Salaries 1. A. Staff Salaries - Year Round $153,130.36 $153,545.00 $161,775.00 5.4% 1. B. Staff Salaries - Temporary $54,247.86 $83,344.00 $77,475.00 -7.0% Subtotal Salaries $207,378.22 $236,889.00 $239,250.00 1.0% Employee Benefits 2. FICA $15,157.82 $15,048.00 $16,000.00 6.3% 3. Workers Compensation $5,593.00 $5,250.00 $6,000.00 14.3% 4. Unemployment Insurance $5,624.00 $5,000.00 $6,000.00 20.0% 5. Dental Insurance $1,719.23 $1,750.00 $1,850.00 5.7% 6. Health Insurance $25,616.44 $32,600.00 $26,000.00 -20.2% 7. Retirement $6,825.57 $5,388.00 $7,500.00 39.2% Subtotal Benefits $60,536.06 $65,036.00 $63,350.00 -2.6% Park Expenses 8. Programs $1,740.93 $2,500.00 $2,500.00 0.0% 9. Liability/Fire Insurance $12,174.00 $13,000.00 $13,250.00 1.9% 10. Travel/Auto $4,036.76 $3,050.00 $5,000.00 63.9% 11. Utilities $9,258.32 $4,800.00 $12,000.00 150.0% 12. Buildings Maintenance $5,403.09 $8,000.00 $8,000.00 0.0% 13. Parks Maintenance $8,794.58 $12,550.00 $12,550.00 0.0% 14. Snow Removal/Sanding $560.00 $1,400.00 $1,400.00 0.0% 15. Contracted Work $5,346.32 $12,000.00 $12,000.00 0.0% 16. Rubbish Removal $1,097.25 $1,150.00 $1,150.00 0.0% Subtotal Park Expenses $48,411.25 $58,450.00 $67,850.00 16.1% Actual Budgeted Proposed % Change from FY2017 FY2018 FY2019 Previous FY Office Expenses 17. Phone, Email, Internet, and Fax $3,715.73 $3,800.00 $3,000.00 -21.1% 18. Postage $365.41 $125.00 $350.00 180.0% 19. Supplies $2,498.18 $2,050.00 $1,500.00 -26.8% 20. Copies $741.77 $550.00 $750.00 36.4% 21. Newspaper $371.30 $350.00 $200.00 -42.9% 22. Employee Trainings $492.08 $400.00 $450.00 12.5% 23. Membership $120.00 $300.00 $200.00 -33.3% Subtotal Office Expenses $8,304.47 $7,575.00 $6,450.00 -14.9% Publicity Expenses 24. Events $515.00 $600.00 $600.00 0.0% 25. Printing/Advertising/Exhibits $1,180.00 $1,000.00 $1,200.00 20.0% 26. Conferences $494.32 $450.00 $500.00 11.1% Subtotal Publicity $2,189.32 $2,050.00 $2,300.00 12.2% Other 27. Legal Services $35.00 $35.00 0.0% 28. Capital Improvement Program $165.00 $165.00 0.0% 29. Operating Reserve Fund $100.00 $100.00 0.0% 30. Audit Fund $50.00 $50.00 0.0% Subtotal Other $0.00 $350.00 $350.00 0.0% Total Operating Expenses $326,819.32 $370,350.00 $379,550.00 2.5% WINOOSKI VALLEY PARK DISTRICT: MUNICIPAL FAIR SHARE ANALYSIS FY2018 VS. FY2019 WVPD Member Town Town Pop. FY18 Town Pop. FY19 % of Pop. FY18 % of Pop. FY19 Equalized Grand List 2016 Equalized Grand List 2017 % Eq. Mun. Prop. Values for FY18 % Eq. Mun. Prop. Values for FY19 Sum of %’s FY18: Sum of %’s FY19: Fair Share FY18 Fair Share FY19 FY 2018 FUNDING REQUESTS FY 2019 FUNDING REQUESTS Burlington 42,452 42,260 35.0% 34.9% $42,433,560 $44,365,230 28.5% 28.8% 63.5% 63.7% 31.8% 31.8% $101,673 $101,673 Colchester 17,383 17,319 14.3% 14.2% $21,093,970 $22,026,060 14.1% 14.3% 28.4% 28.5% 14.2% 14.2% $45,401 $45,401 Essex 20,946 21,199 17.3% 17.4% $25,208,090 $25,933,470 17.0% 16.8% 34.3% 34.2% 17.1% 17.1% $54,673 $54,673 Jericho 5,082 5,053 4.2% 4.2% $5,964,470 $6,356,590 4.0% 4.1% 8.2% 8.3% 4.1% 4.2% $13,109 $13,428 South Burlington 18,791 18,971 15.5% 15.6% $30,129,570 $30,318,410 20.2% 19.7% 35.7% 35.3% 17.9% 17.7% $57,231 $56,592 Williston 9,409 9,578 7.8% 7.9% $18,215,130 $19,098,270 12.2% 12.4% 20.0% 20.3% 10.0% 10.1% $31,972 $32,292 Winooski 7,193 7,128 5.9% 5.8% $6,039,500 $6,049,870 4.0% 3.9% 9.9% 9.7% 4.9% 4.9% $15,666 $15,666 TOTALS 121,256 121,508 100% 100% $149,084,290 $154,147,900 100.0% 100% 200% 200% 100% 100% $319,725 $319,725 Notes:  Population data is from US Census Bureau, using latest figures available  Equalized Grand Lists use latest available data from the Vermont Department of Taxes Winooski Valley Park District Ethan Allen Homestead Burlington, Vermont 05408 Tel: (802) 863-5744 Email: info@wvpd.org www.WVPD.org Fax: (802) 865-0647 Winooski Valley Park District Nick Warner Annual Report: July 1, 2016 – June 30, 2017 Executive Director The Winooski Valley Park District’s mission is to plan, acquire, and manage lands and waters within the boundaries of its member municipalities for purposes of conservation, preservation of natural areas, establishment of parks, and resource- based education and recreation. WVPD’s 1,750 acre portfolio features over 13 miles of shoreline and offers 25 miles of trails in 18 parks throughout the Winooski River Valley. In South Burlington, this includes Muddy Brook Park, Muddy Brook Wetland Reserve, Winooski Gorge, and Valley Ridge. The Town of South Burlington has been a supporting member for 46 years, and Dave Crawford is South Burlington’s representative Please visit www.wvpd.org for trail maps and to learn more, or stop by WVPD’s headquarters at the Ethan Allen Homestead in Burlington. In South Burlington this past year, the WVPD:  continued to finalize the property and easement transfers that will result in the expansion of Valley Ridge into a 24-acre park with a new trail system;  performed general maintenance of trails at Winooski Gorge, Muddy Brook, Muddy Brook Wetland Reserve  planned a Trees for Streams planting with Winooski Natural Resources Conservation District (WNRCD) for Spring 2018 at Muddy Brook Wetland Reserve;  worked with volunteers from South Burlington High School (a group of incoming freshman led by seniors) on a riparian habitat restoration project at Colchester Pond where 300 pants and shrubs were planted over two acres;  established a fee-for-service contract with South Burlington completing a 30’ bridge at Wheeler Natural Area and a run of timberframe steps, ramps and handrails on bridges and boardwalks, conducted a Red Rocks Trail assessment, supervised a YCC crew, and installed new fencing in Red Rocks parking area. New Park Acquisition: WVPD has obtained a purchase option on the Rivers End Marina property at the Winooski river mouth, and is working with several conservation groups, Lake Champlain Land Trust, and the Burlington Conservation Board on the purchase.  Environmental Education: The WVPD’s Americorps Environmental Educator met with 692 people including 473 children (includes people from all of the WVPD’s member towns), and served as the activities and curriculum coordinator, and head counselor for the S.O.L.E. Camp (Sustainable Outdoor Leadership Education Camp). The camp ran eight full weeks in the summer of 2017, with over 60 campers attending. The camp will continue in summer 2018 and has emerged as a highly popular and successful Visit the WVPD’s Parks: Colchester Pond Natural Area Delta Park Derway Island Nature Preserve Donohue Sea Caves Essex Overlook Park Ethan Allen Homestead Heineberg Wetlands Macrae Farm Park Mayes Landing Muddy Brook Park Muddy Brook Wetland Reserve Old Mill Park Riverwalk Trail Salmon Hole Park Winooski Gorge Wolcott Family Natural Area Woodside Park Valley Ridge program. At the 31st Annual Conservation Field Day, WVPD had over 300 students attend, with 28 professionals leading engaging workshops. WVPD’s Educator and Programs Director continued educational offerings to afterschool enrichment programs in several schools within WVPD member’s towns. WVPD also hosted numerous school, college, youth and civic groups visiting the parks. Champlain College continues its’ multifaceted partnership with WVPD, including a full class conducting and reporting on a marketing project, and a communications intern working directly for WVPD.  Financial Sustainability: Over the past three fiscal years, WVPD staff has increased the leveraged resources that help keep costs low for member towns. In FY17/18, a Pilot Project commenced providing fee-for-service project services for the City of South Burlington as a means to create new revenues. Volunteers from local schools and community organizations also contribute nearly 1,000 hours of labor annually to various WVPD parks and help complete projects such as removing invasive plant species, picking up trash, assisting with programs and events, and repairing trails. WVPD has received additional grants from the Department of Environmental Conservation to hire a greeter at Colchester Pond to help monitor for invasive aquatic plants; trails funding for the construction of a trail system at Wolcott Family Natural Area in Colchester; expanded a lease for the Burlington Forest Pre-School at the Ethan Allen Homestead; ran the S.O.L.E Camp and Winter Wonders Vacation Camp programs at capacity; and renegotiated its’ contract with L.L. Bean Outdoor Discovery School which provides fly fishing instruction and special programs at the Ethan Allen Homestead and other parks.  Activities for Residents, and Tourists: WVPD’s 18 regional parks offer nature trails, scenic overlooks and wildlife viewing, hiking trails, picnic facilities, cross-country skiing and snowshoeing trails, canoe/kayak launches, fishing accesses, and public garden plots. The Ethan Allen Homestead Museum (a partner organization) provides tours of Ethan and Fanny Allen’s 1787 restored farmhouse, historic lectures, programs and hosts special events such as Citizenship Ceremonies, historic talks, fundraisers, and historic re-enactments.  Programs Offered by Others at WVPD Parks: Many school groups, local Colleges and Universities, summer camps, and scout groups visit WVPD’s parks as part of their curriculum. WVPD parks have also been the subject of numerous collegiate and post-graduate studies. The Burlington Area Community Gardens, the Vermont Community Garden Network, Visiting Nurses Association and New Farms for New Americans lead educational gardening programs at WVPD’s Ethan Allen Homestead. People need natural areas to stay in touch with the local landscapes that sustain them. In turn, natural areas need protection and management to assure people and wildlife can peacefully coexist. In an era of forest decline and water quality challenges, WVPD will continue to prioritize high value conservation properties for acquisition and management. South Burlington’s annual support makes it possible for thousands of Vermonters and tourists to explore our ecologically-diverse system of natural areas embedded within the most developed county in Vermont. Thank You! Winooski Valley Park District Ethan Allen Homestead Burlington, Vermont 05408 Tel: (802) 863-5744 info@wvpd.org www.wvpd.org Fax: (802) 865-0647 Kevin Dorn, City Manager South Burlington City Hall 575 Dorset Street South Burlington, VT 05403 10/3/17 Dear Mr. Dorn, Thank you very much for the city’s support of the Winooski Valley Park District’s (WVPD) operations this year. As you may know, most of WVPD’s operating budget comes from its seven municipal members in the form of dues, based on each member community’s relative population and the equalized property tax grand list. WVPD is requesting a total of $56,592 for FY 2019 from South Burlington. This slight decrease is due to the annual recalculation of the funding formula, and changes in the equalized grand lists and populations of member towns. WVPD will continue to seek new revenues that reduce the reliance on municipal shares for operations. And staff members will continue to work as hard as possible to multiply the dollars that South Burlington provides by motivating volunteers to help steward the parks, soliciting donations, and by writing grants. WVPD also expands its services to the community through partnerships with community organizations including the Vermont Community Garden Network, the Association of Africans Living in Vermont, the Visiting Nurses Association, and the Ethan Allen Homestead Museum. Our proposed operating budget (attached) includes notes to explain the rationale and assumptions behind different line items. Please do not hesitate to contact me if you have any questions. Thank you for your continued support. The WVPD would not exist without its member municipalities! Respectfully submitted, Nick Warner Executive Director cc: David Crawford Visit the WVPD’s Parks: Colchester Pond Natural Area Delta Park Derway Island Nature Preserve Donohue Sea Caves Essex Overlook Park Ethan Allen Homestead Heineberg Wetlands Macrae Farm Park Mayes Landing Muddy Brook Park Muddy Brook Wetland Reserve Old Mill Park Riverwalk Trail Salmon Hole Park Winooski Gorge Wolcott Family Natural Area Woodside Park Valley Ridge 1 WINOOSKI VALLEY PARK DISTRICT FY2019 BUDGET BUDGET OVERVIEW This budget supports the FY2019 (July 1, 2018 – June 30, 2019) operations of the Winooski Valley Park District (WVPD), an incorporated Vermont municipality and 501(c)(3) non-profit supported primarily by annual allocations from seven member towns: Burlington, Colchester, Essex, Jericho, South Burlington, Williston, and Winooski. WVPD owns and operates 18 properties on over 1,750 acres, managed for conservation and passive recreation, with its operations governed by a Board of Trustees. The Winooski Valley Park District’s mission is to plan, acquire, and manage lands and waters within the boundaries of its member municipalities in the Winooski River Valley for purposes of conservation, preservation of natural areas, establishment of parks, and resource-based education and recreation. New/Adjusted Budget Line Items WVPD has made some adjustments to the format of the budget as follows: 1) combine farm field, classroom, and picnic shelter rentals for ‘Facility Rentals’ income; 2) redefine ‘Miscellaneous’ as ‘General’ income; 3) combine camp and education program revenues; 4) separate out full-time and seasonal/temporary salaries; 5) add a Program Expense line item; 6) redefine ‘Computer/Office Supplies’ as ‘Supplies’ and; 7) combine the costs for general maintenance and utilities for the Education Center under ‘Buildings Maintenance’. These changes reflect the shift towards tracking program income, a more standardized nomenclature, and ease of communicating the budget relative to operations. Revenue Streams: WVPD’s largest source of operating revenue derives from annual formulaic payments from member municipalities. In the past three years, WVPD has increased the percentage of revenues garnered from programs, events and lease income which has kept municipal costs level from FY2018 into FY2019. Ethan Allen Homestead Museum: WVPD owns the Ethan Allen Homestead property and buildings on the 294-acre campus in Burlington’s Intervale. This includes the Historic Allen house and Hill-Brownell Education Center which houses the Ethan Allen Homestead Museum, two classrooms, office space, and a ‘Tavern’ room for programming and events. An independent non- 2 profit runs the Museum under an operations agreement providing lease and utility income to WVPD. Grant Revenues: Grant income is utilized for projects and programs, and is not relied upon for operating expenses. These revenues are generally offset by the costs of the projects, often with an in-kind match of labor/materials. Some indirect and administrative costs are built in to support WVPD’s operating budget. Typically WVPD applies for grants supporting trail construction, facility upgrades, safety equipment, and to support educational programs. Grants are aggressively pursued to offset any large projects/expenditures whenever possible. Debts/Loans: Outside of the use of a credit card (which is paid off monthly), WVPD carries no mortgages or loans, nor has any liens against any property. FY2019 BUDGET NOTES (by budget category) 1. Municipal Support of Operations from Member Towns Dues from member municipalities are based on the most current available data for 1) Population and 2) Equalized Municipal Property Tax Grand List. These two variables are given equal weight in a formula that determines the portion asked of each municipality. As an inter-municipal form of government, the WVPD has been supported by its member municipalities for the last 45 years. Elected officials signed an Agreement to create an inter-municipal conservation district in 1972. After that, a majority of voters from each member community voted to formalize town membership in the WVPD. The FY2019 budget is the third WVPD consecutive budget to utilize new revenues to accommodate increased costs. The operations budget in FY2019 is 2.5% higher than FY2018; however WVPD is requesting level funding from member towns for FY2019. WVPD continues to seek new and enhanced revenue streams to increase the percentage of the budget supported by these revenues. 3 2. Interest Income High interest rates are pursued when possible by investing in FDIC insured Certificates of Deposits. However, in recent years these rates have been very low. 3. Caretaker House Rentals/Rebates Two on-site caretakers provide site security and rental income at the Colchester Pond Natural Area and the Ethan Allen Homestead. Each caretaker house yields $7,800 per year for rent, a below market rate. In exchange for this lower rent, each caretaker is generally available on weekends and after office hours to educate park visitors about park rules, open and close the park entrance gate year-round at dawn and dusk, monitor parking lot use, shovel snow for pedestrian access to information boards and fire hydrants, manage the picnic shelter at the Ethan Allen Homestead, and monitor the WVPD’s other parks throughout the winter when the WVPD’s seasonal maintenance crew is laid off. Caretakers are paid in pretax dollars at $8/hour in the form of a rental rebate for additional services above and beyond routine services, as they arise. These expenses are included as a parks maintenance expense. 4. Facilities Rentals This includes rental income from leasing Farm Fields, lease income from the Ethan Allen Homestead Museum and Burlington Forest Preschool, classroom and meeting space rentals in the Education Center at the Ethan Allen Homestead, and picnic shelter rentals at the Ethan Allen Homestead. In FY2019, there will be increased classroom space leased by the Burlington Forest Preschool. Farm Fields: The WVPD owns and leases farm fields at Colchester Pond in Colchester, the Ethan Allen Homestead in Burlington, and Muddy Brook Park in South Burlington. An additional farm field is managed for free in exchange for services at the Macrae Farm in Colchester. The first three farm fields are leased to dairy farmers in a “break even” operation, where rental income is used to maintain the health of the soil. The benefit to the public is a scenic vista and full pedestrian access to the fields. The farm roads and bridges are maintained by the farmers and are used by the public. These acres are kept open and fertile, and could easily be converted to food production at a later date. 4 Ethan Allen Homestead Museum: Per an operations agreement, the Museum provides a yearly lease payment for space in the Hill-Brownell Education Center at the Ethan Allen Homestead based on a sliding scale formula. Rental of Education Center/Picnic Shelter/Pre-School: There are two classrooms in the Hill-Brownell Education Center at the Ethan Allen Homestead. One of the classrooms continues to be rented out to the Burlington Forest Pre-School, which has expanded to full-year operation. The second Education Center classroom is used for the Sustainable Outdoor Leadership Education – S.O.L.E. Camp for eight weeks during the summer months, and other WVPD education programs during the school year. Starting in fall 2018, Forest Pre- School will lease the second classroom during the school eyar to expand their operations. When available, the space is also occasionally used by the L.L. Bean Outdoor Discovery School program, and is rented out for other programmatic use. Rental rates are $20/hour, $120/day, or $550/week. It is mostly used by non-profit organizations. The Ethan Allen Homestead’s open air picnic shelter tends to be reserved during most summer and early autumn weekends. Rental rates are as follows:  Non-Special Events*: $75.00 refundable damage deposit required. Small Groups (35 people or less) Half day (4 hours or less) $35 Full day $70 Large Groups (36-65 people) Half day (4 hours or less) $65 Full Day $125 *Non-special events may be subjected to impact fees on a case-by-case basis as determined by the WVPD.  Special Events: $150.00 refundable damage deposit required. Flat rate of $300, plus impact fees (see below). Special events are defined as any event, regardless of the number of people attending, that will be serving catered food and/or alcoholic beverages served by a licensed vendor, and/or require additional equipment/amenities, including, but not limited to, catering service equipment, food trucks, port-o-lets, recreational structures/equipment, etc. Impact Fees: Sliding scale starting at $100 for additional amenities such as, but not limited to, caterers, food trucks, port-o-lets, recreational equipment, etc. Additional charges for each additional amenity after first. 5 Group sizes influence income so if smaller groups predominate, projected revenues may be overestimated. This figure does not account for operating expenses such as administration, electricity, water, and trash removal, which can amount to as much as 50% of the income for a smaller group rental, depending on their usage. 5. Program Revenues This includes revenues from registration of the Sustainable Outdoor Leadership Education (S.O.L.E.) and February vacation day camps, along with other education programs including school field trips and afterschool enrichment programs offered by WVPD. S.O.L.E. Camp and the February vacation camp provide conservation and environmental educational programming in a day camp setting to children ages 6-9 year olds. S.O.L.E. Camp will operate its fifth year in 2018, and runs eight weeks during the summer. 6. General Income This includes nominal donations. It also includes fees paid by L.L. Bean on a user basis for the use of Ethan Allen Park for fly fishing clinics, special events and programs. 7. Prior Year Refunds None expected. OPERATING EXPENSES (vendors were contacted about expense projections where noted): 1. A. Staff Salaries – Year Round WVPD has 3 full-time, year-round positions; Executive Director, Park Superintendent, and Programs Director. B. Staff Salaries – Temporary WVPD hosts an AmeriCorps Member to serve as Environmental Educator and Resource Specialist sponsored through the Vermont Housing and Conservation Board AmeriCorps Program that currently serves for a full-time (1700 hours), 11-month service term. WVPD provides 45% of the Members living allowance. The Member serves a critical role in planning and leading WVPD’s various education programs and camps. 6 WVPD hires 3 seasonal employees to maintain the parks April – October. They receive a $330 incentive for staying through the end of the season. WVPD also hires up to 3 seasonal camp counselors for the S.O.L.E. Camp. WVPD’s gate tender at Delta Park in Colchester receives $75/month to open and close the park gates, and 2 caretakers receive rental rebate of $8/hour. 2. FICA This is calculated as 7.65% of salaries per federal law. 3. Workers Compensation This is covered through the Vermont League of Cities and Towns (VLCT) and is dependent on VLCT classifications and rates. It is anticipated to remain relatively stable for FY2019, as VLCT has already indicated that at most there will be a small single digit increase. 4. Unemployment Insurance This is covered by the Vermont League of Cities and Towns. It is also anticipated to remain stable for FY2019. 5. Dental Insurance WVPD provides dental insurance through the Vermont League of Cities and Towns for permanent, for full-time staff. There is a slight increase in rates anticipated for FY2018. 6. Health Insurance WVPD offers the Blue Cross Blue Shield menu from Vermont Health Connect. Each Full Time Year-Round employee is offered $667 per month for single coverage, $1,018 per month for two-person coverage, or $1,285 per month for family coverage. A $1,200 per year incentive is provided for Full Time Year-Round employees who opt to be covered by a partner’s health insurance instead of the WVPD’s insurance, and WVPD’s Full Time Temporary employees are offered $30 per month. With few employees covered, a change in one individual’s coverage status (i.e., from one person to two person coverage) can dramatically increase this line item. 7 Insurance rates have increased, however one WVPD staffer has removed himself and his family from coverage, creating some savings for WVPD. 7. Retirement WVPD has a 457 plan (similar to a 401K) through the State of Vermont. Maintenance and administrative costs to the WVPD are minimal. Contributions by employees must be voluntary, by law. Assets are the property of the employee. The total contribution by WVPD for the Programs Director and the Parks Superintendent is 3% of their salary, for an anticipated total of $2,600. An annual contribution of 5.125% of salary is made to the Vermont Municipal Employees Retirement System for the Executive Director. The total contribution by the WVPD is anticipated to be $3,000. 8. Programs Level funded from FY2018. This reflects the expenses directly offset by revenues from the camp and education programs. 9. Liability/Fire Insurance Slight increase form FY2018. Coverage is provided by the Vermont League of Cities and Towns. This line item includes a mandatory $700 management fee. 10. Travel/Auto Increased from FY2018 due to actual need and increase in miles driven. WVPD owns a 2003 Ford pickup truck and a 2002 Dodge van, both in good condition. This category includes preventative maintenance for those vehicles. Employees who use their personal vehicles for WVPD’s business are reimbursed for mileage at the federal rate. WVPD is enrolling in the Federal Surplus program, and is actively seeking a replacement van sometime in the next 2 years at vastly reduced cost or as a donation. 11. Utilities An increase anticipated in FY2019 due to increased use of the Education Center and potential increased fuel costs. WVPD will maximize the use of wood heat for its office 8 in an effort to reduce costs. On-site caretakers pay for their own utilities, except for City water in Burlington for the Ethan Allen Homestead Caretaker House. 12. Buildings Maintenance Overall, WVPD’s 10 buildings* have been kept in good condition. More maintenance to the buildings is being done by WVPD’s seasonal crew as preventative maintenance instead of being contracted out as repairs. Even with more wear on the trails, increased park use, and more structures to maintain, it is estimated that level funding from FY2018 can be sustained. *Building Inventory: a. Ethan Allen Homestead (6 structures total): 1 historic structure (Ethan and Fanny Allen’s restored farmhouse), 1 caretaker residence, 1 picnic shelter, 1 outhouse, 1 administrative building (the WVPD office, public restrooms, and maintenance garage), and 1 large barn (converted to offices, classrooms, exhibit space, and public restrooms). b. Colchester Pond Natural Area (4 structures total): 1 caretaker house (historically significant), 1 detached garage/workshop, 1 milk house, and 1 barn. 13. Parks Maintenance Level funded from FY2018. Vandalism is the single biggest factor that could unpredictably drive up this expense. Flooding also has a substantial impact on this expense. This category covers materials and equipment for work performed by WVPD’s seasonal crew who maintain its 18 parks. This work includes mowing lawns, maintaining 28 miles of trail, picking up litter, building and installing park signs, picnic tables, foot bridges, fences, beaver baffles, gates, water bars, benches, canoe access stairs, and informational boards. 14. Snow Removal Level funded from FY2018. Two parks require snow removal and sanding – Ethan Allen Homestead in Burlington and Colchester Pond in Colchester. 9 15. Contracted Work Level funded from FY2018. This line item includes routine work that must be done by a professional because it requires equipment or expertise beyond that possessed by WVPD staff, for example: a. Hazardous Tree Removal: Removal of dead, standing trees that cannot be safely removed in-house. Heavy duty equipment is often required when the tree is close to a structure. b. Routine Services: This includes services for WVPD’s fire extinguishers, 3 furnaces, 2 septic tanks, 1 office woodstove, 1 vault toilet, 4 overhead doors, 2 vehicles, 1 water filtration system, 1 alarm system, and 1 sprinkler system. c. IT Budget: Computer network maintenance, updates, and recommendations on new hardware and software purchases. d. Park Signs: Fabrication of one new park entrance sign per year at $1,000. e. Bookkeeping: WVPD retains a professional bookkeeper to prepare bills for payment, to update WVPD accounting system, and help prepare for audits. f. Accounting: Preparation of the Form 990 and a compilation or review by an accountant. 16. Rubbish Removal Level funded from FY2018. Illegal dumping can cause this expense to jump unexpectedly. This expense mainly covers garbage pickup by WVPD’s crew at its 18 parks. It also includes office rubbish and recycling. 17. Telephone/Email/Internet/Fax Decrease from FY2018. WVPD has replaced internet and phone service with Burlington Telecom which reduces costs, and is eliminating one of the cell phones used as a backup due to redundancy. 18. Postage Increased from FY2018 based on actual costs and need. 19. Supplies Decreased from FY2018. This line item covered supplies for the printer, fax, and copy machine, which are now greatly reduced due to a new machine with a lower cost 10 maintenance contract covered in the “copies” line item. It also includes items for events that are not covered by outside sources. WVPD will seek grant funds and/or donations to upgrade the overall computer system in FY2019. 20. Copies Increased from FY2018. This covers the cost in a yearly service contract for the copy machine. This category also includes the cost of color and/or oversized copies. 21. Newspapers Decreased from FY2018. Subscription to the Burlington Free Press will be reduced to digital, with subscription to the Williston Observer maintained. 22. Employee Trainings Slight increase from FY2018. This provides funding for employees to learn new skills and complete voluntary trainings. 23. Membership Decreased from FY2018. Memberships are retained for the Vermont Trails and Greenways Council, Vermont Statewide Environmental Education Program, and the Vermont Recreation and Parks Association –all organizations directly related to WVPD’s programs and activities. 24. Events Level funded from FY2018. This includes fees for exhibit booths, distribution of event posters, general supplies, volunteer enrichment events, and supplies for the annual Conservation Field Day. 25. Printing/Advertising/Exhibits Slight increase from FY2018 based on actual need. 26. Conferences Slight increase from FY2018. WVPD staff participates in multiple professional development trainings in order to expand and build increased quality into programming 11 and events. In addition, mandatory attendance of conferences is a condition of some grant sources which often translates directly into enhanced revenues for WVPD. 27. Legal Services The WVPD mostly engages pro-bono legal counsel each year, this amount reflects the need for recording fees and other small expenses. Legal fees related to land acquisition are covered by grants or capital expense. 28. Capital Improvement Program Transfer* This money is transferred to a separate capital improvement program fund to provide a stream of revenue for major repairs to buildings, the purchase of major equipment, and/or the scheduled upkeep of a concrete dam at Colchester Pond. 29. Operating Reserve Fund* This fund was established in 2001 to offset any unforeseeable shortfalls in the operating budget. Eligible uses include 1) an increase in routine, essential expenditure beyond amounts budgeted for the year, 2) a decrease in grant income budgeted to supplement operations, 3) mechanical failure of essential equipment, or 4) extensive damage to essential park facilities. 30. Audit Fund This line item builds resources for regular audits. Annual financial reviews are conducted with full audits completed every five years. *Four sources fund the Capital Improvement Program and the Operating Reserve Fund: 1) Staff finding reductions in actual expenses compared to those proposed, 2) dedicated grants that allow the limited use of their funds for routine operating expenses, and 3) salary savings due to employees taking unpaid leave and 4) year-end operating surpluses. December 14, 2018 MEMO TO: South Burlington City Council FROM: Kevin Dorn, City Manager RE: Union Municipal District Agreement On Monday night I will present the Council with a resolution and proposed ballot language that would place the question of South Burlington’s support for the establishment of a Union Municipal District to be referred to as the Chittenden County Public Safety Authority (CCPSA) before the voters at the Annual Meeting in March. This memo will provide background on this Agreement, related documents and a staff recommendation to support your consideration. For over 50 years, public safety and municipal leaders in Chittenden County have considered, discussed and advocated for the formation of a unified, county-wide 911/call taking, or unified dispatch service, for public safety. For whatever the reasons over the many years the affected communities have never been able to pull together and get this done. Currently there are at least seven, independent, municipally-based dispatch services for public safety in Chittenden County. One of these dispatch units – Shelburne, also serves as a 911 call taking service know as a Public Safety Answering Point (PSAP). In South Burlington we operate our dispatch service out of the Police Department providing support for both police and fire/ambulance services. Burlington, Winooski, Essex, Colchester (with contracted services dispatching for Milton), Shelburne (operating as the PSAP and also dispatching for communities in Addison and Grand Isle Counties ) and Williston (which receives dispatch services from the State Police for police services and contracts with Shelburne for fire dispatch) also provide some level of dispatching services. By way of background currently when you have an emergency and dial 911 the call goes to your locally designated PSAP, and if those operators are busy, to another PSAP elsewhere in the State. The 911 call taker takes down information related to your emergency and then connects you to the local dispatch operator serving your community. The 911 center then makes the hand-off to the local dispatcher. You provide additional information to the local dispatcher and the appropriate responding department is notified and either police, fire, or ambulance services or a combination thereof are dispatched. Clearly this system is not optimal from an efficiency standpoint and can be significantly improved if the communities consolidate 911 call taking and dispatch into one service. Statistics show that on average, we can save 71 seconds per call in our response times with consolidated 911/dispatch. MEMO TO COUNCIL December 14, 2017 Page 2 Furthermore, if modern technology in Computer Aided Dispatch (CAD) is employed dispatchers will be able to more clearly identify the closest available emergency resource to respond rather than spending time calling around locating a service that is currently available. This happens reasonably frequently – particularly with ambulance services. Also, due to the smaller size of some of the dispatching municipalities (all dispatch centers other than Burlington) there are times during the day when only one dispatcher is on duty. A single dispatcher could be overwhelmed by a major emergency or be unable to fulfill his/her duties should a medical or other problem come upon them during their shift. Best practice would be to have two or more dispatchers on duty 24/7/365 to ensure redundancy and security. This redundancy can be achieved through consolidating dispatch services. Lastly, given the small size and specialized nature of dispatch services within communities there is very little by way of career growth that can occur for a dispatcher. With a consolidated dispatch operation there will be more opportunity for dispatchers to advance in their careers as well as creating more opportunities for training. To address these concerns, City/Town managers got together over a year ago to discuss how we could resurrect the discussion over consolidated dispatch which has been going off and on for decades. We determined that should we chose to go forward the most appropriate governance structure available to us under statute would be the formation of a Union Municipal District (UMD). Examples of UMDs in our region include the Chittenden Solid Waste District and Green Mountain Transit. UMDs provide the governance vehicle that allows separate communities to come together to share a service – like dispatch. The first step toward establishing a UMD is the formation of a “Joint Survey Committee.” The legislative bodies of the eight communities did that by appointing a representative to that Committee. In our case you appointed me to represent South Burlington. The purpose of the Joint Survey Committee has been to develop a UMD “Agreement” which will serve as the governing document --- like a charter. We have been working on the Agreement with the support of legal counsel and finalized it back in October. The Agreement was then sent to the Attorney General who has the authority to review it and determine whether or not it is consistent with State statute. Attorney General Donovan has made that determination and has signed off on the Agreement. The next step is for the legislative bodies in the eight communities to consider whether or not to take the Agreement to the voters for approval. That question is on the agenda for you this Monday night. Assuming your support the question of whether or not South Burlington should sign the Agreement for the formation of a Union Municipal District and become a member municipality will go to the voters in March. If the voters approve the question South Burlington becomes a member of the UMD/Chittenden County Public Safety Authority. That is not the end of the issue for the Council, however. Assuming support from the voters the Council will then consider the Memorandum of Understanding on Cost Sharing (MOU). The MOU specifies how member communities make payments into the UMD in order to sustain its operations. MEMO TO COUNCIL December 14, 2017 Page 3 Once membership has been approved by each community’s voters and the MOU approved by the legislative bodies the Authority’s Board of Directors will meet and begin to establish the needed dispatch infrastructure and technology and hire personnel. The location we have identified for the CCPSA is 19 Gregory Drive, our PD building. The Authority will not be housed within our PD, but in other office space within the part of the building still owned by Bobby Miller. Clearly, once the Authority is established one of the most important issues to be resolved is the standing of current municipal dispatchers in the new organization. Resolution of this issue is very complex and fraught with issues involving contracts and differing union representation among municipalities. To speak of it further in this memo risks potential claims of unfair labor practices. I will say that all of the mangers are highly sensitive to the concerns and interests of our dispatch staffs and will make decisions with those issues in mind. Should everything go smoothly we could see the transfer of dispatch services, probably one community at a time, by this time next Fall/Winter. Attached to this memo is the signed agreement, the proposed resolution, the proposed ballot language and the statements of support from multiple police/fire/ambulance chiefs including Doug and Trevor. RECOMMENDATION: Approve the resolution to warn for action at the March 2018 Annual Meeting the question whether the City of South Burlington shall sign the agreement for formation of a union municipal district to be known as the Chittenden County Public Safety Authority, for the purpose of providing regional emergency dispatch, said question to be voted on by Australian ballot, and, approve the proposed ballot language. 1 AGREEMENT TO CREATE THE CHITTENDEN COUNTY PUBLIC SAFETY AUTHORITY This Agreement for the formation of a union municipal district, to be known as the “Chittenden County Public Safety Authority,” is authorized by 24 V.S.A., Chapter 121, and is by and among those municipalities, listed below, that approve the same by action of their respective voters, as provided in 24 V.S.A. § 4863: Burlington, Colchester, Essex, Milton, Shelburne, South Burlington, Williston, and Winooski. WHEREAS, 24 V.S.A., Chapter 121, provides that the legislative branch of two or more Vermont municipalities may, by agreement, create a joint municipal survey committee to plan for the strengthening of local governments and to promote plans for more efficient and economical operation of local government services within the participating municipalities; and WHEREAS, a joint municipal survey committee, so created, may, pursuant to 24 V.S.A. § 4832, “make surveys and studies and conduct research programs to enable municipalities to make the most efficient use of their powers by cooperation with other municipalities on a basis of mutual advantage, and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of municipalities;” and WHEREAS, 24 V.S.A. § 4861 provides that a joint survey committee may approve the creation of a union municipal district and, upon so doing, shall prepare an agreement for the formation of the district and file a copy with the legislative body, planning commission, and clerk of each participating municipality; and WHEREAS, a joint municipal survey committee, created to plan, study and recommend solutions for an affordable, integrated, and efficient system of cooperative public safety support, specialty and communications services -- and first having sought the consent of the respective legislative bodies of the potential municipal members of the Chittenden County Public Safety Authority -- has approved the creation of a union municipal district to provide public safety dispatch and support services to its Members and others; and WHEREAS, 24 V.S.A. § 4802, requires submission of a proposed agreement to form a union municipal district to appropriate governmental authorities, including the attorney general, who must approve the same, prior to submission to the voters for approval or rejection; and 2 WHEREAS, under 24 V.S.A. § 4883(d), where three or more municipalities are involved in the voting, an affirmative Australian ballot vote by the voters of at least two potential member municipalities is required to enter into an agreement for the formation of a union municipal district, unless the agreement as proposed expressly provides that specific participating municipalities or a minimum number of participating municipalities approve the agreement; and WHEREAS, by the terms hereof, the Chittenden County Public Safety Authority shall be formed only if the voters in three or more municipalities approve this Agreement; NOW, THEREFORE, upon approval of this Agreement by the attorney general and the voters of the required number of municipalities, as referenced above, it is hereby agreed as follows: 1. Name. A union municipal district, known as the CHITTENDEN COUNTY PUBLIC SAFETY AUTHORITY (hereafter “CCPSA” or the “Authority”), shall be formed and become a body politic and corporate, with the powers incident to a public corporation under the laws of the State of Vermont, and with such other powers, duties and responsibilities as are set forth in this Agreement. 2. Purpose. The purpose of the CCPSA is to provide its members with an affordable, integrated, efficient system of public safety communications services. To that end, the Authority seeks to protect public health, safety and welfare, provide sufficient qualified and trained communications staff to support and facilitate rapid responses by public safety personnel when emergency situations arise, and otherwise meet the dispatch needs of its Members and the public. To improve response times, the Authority intends to operate as a “Public Safety Answering Point,” as defined by the Vermont Enhanced 9-1-1 Board. 3. Duration. CCPSA shall be established as of the effective date of the affirmative vote to enter into this Agreement by the requisite number of municipalities and continue to exist in perpetuity unless dissolved by its members pursuant to 24 V.S.A. § 4863 and the provisions hereof. 3 4. Powers. (a) The CCPSA shall possess, pursuant to the provisions of 24 V.S.A., Chapter 121, and other applicable provisions of state law, all of the power and authority available to or vested in a union municipal district, including all powers, rights, privileges and immunities incident to public corporations, together with all powers reasonably implied in or incident to the exercise of those powers. The authority granted to the CCPSA by this Agreement is supplementary to any other powers heretofore or hereafter granted by statute for the same or similar purposes. (b) In furtherance of its purposes, the Authority shall have full power to hold and keep invested, or expend for its purposes, such monies as are appropriated to it by its member municipalities, to establish and adopt budgets, to borrow money and issue evidence of indebtedness, to establish sinking funds, to charge members for services, to establish capital reserve funds, to accept gifts, grants, and bequests, to make payments in lieu of taxes, to contract with banks, insurance companies and other financial institutions, as well as with host communities, private businesses, non-profit corporations and other governments for the provision of services or otherwise. Nothing herein shall be construed to limit the Authority’s power to receive, invest and use fiscal resources to advance the purposes of this Agreement in the same manner and to the same extent that such powers could be exercised by any of its member municipalities pursuant to law. The foregoing sentence includes the power to borrow money and issue evidence of indebtedness as provided by 24 V.S.A. chapter 53 (indebtedness) and other provisions of law authorizing general obligations or revenue debt, including applicable provisions of 10 V.S.A. chapter 12 (Vermont Economic Development Authority) and 24 V.S.A. chapter 119 (Municipal Bond Bank). 5. Definitions. As used in this Agreement: (a) "Board" means the Board of Directors of the Chittenden County Public Safety Authority. (b) “CCPSA” or "Authority" means the Chittenden County Public Safety Authority, a union municipal district. (c) “Director” means the designated or duly appointed representative of a Member, or the duly appointed representative of the Contracting Municipalities, described herein. The Directors shall sit on the Board of the CCPSA, represent the Members 4 or Contracting Municipalities, and collectively have authority over and responsibility for the conduct and operations of the CCPSA. (d) "Members" means those municipalities whose admission to and participation in the Authority has been authorized pursuant to Section 22 of this Agreement. (e) “Contracting Municipalities” means those municipalities or public safety agencies that have not been admitted to this Authority pursuant to Section 22 of this Agreement, but that have contracted for public safety communications services with the Authority. (f) "Person" means any natural person, corporation, municipality, the State of Vermont or any department, agency or subdivision of the state, and any partnership, unincorporated association, or other legal entity. 6. Board of Directors. (a) All power and authority of the CCPSA shall be exercised by the Board, acting by majority vote of the Directors. Meetings of the Board shall be subject to the requirements of the Vermont Open Meeting Law and a quorum of the Board shall exist when more than fifty percent of the Directors are in attendance. (b) Composition; Delegation. Each member of the Authority shall be represented by a Director. Each Director shall be the municipal manager or in the absence of a manager form of government, the mayor of the Member, or the municipal manager or mayoral designee. In the absence of a municipal manager or mayor, the legislative body of each Member shall appoint a qualified person to serve as a Director. Each Director, acting through the Board and subject to the limitations set forth herein, shall have full power and authority to make decisions and take action to ensure the effective provision of public safety dispatch and support services within the region covered by CCPSA without seeking further authorization from the legislative body of the specific municipality that he or she represents. (c) Contracting Municipalities; Director. The Directors of the member municipalities shall solicit nominations for and appoint an independent Director to represent all Contracting Municipalities, if any, served by the Authority. Once appointed, the Director for the Contracting Municipalities shall have sole authority to represent the Contracting Municipalities as a member of the Board. The process and terms of such appointment, and the scope of the authority of the Director for the Contracting Municipalities shall be delineated in the CCPSA’s Bylaws. 5 (d) Oath of office. All Directors shall take an oath of office substantially similar to the oath taken by public officials under 12 V.S.A. § 5813. Such oath may be administered by any person authorized by law to administer oaths and shall be taken by each Director during the Board’s annual organizational meeting or, if a Director is not present during the organizational meeting, prior to the first meeting in which he or she seeks to participate as a Director. (e) The Authority shall reimburse Directors for expenses as the Board shall, in its discretion, determine. (f) The Board shall establish, adopt, and adhere to a written Ethics and Conflict of Interest Policy. 7. Organizational meeting. (a) Annually, on the first Wednesday in April, or on such other date in April as is duly noticed to Members by posting at the Members’ municipal offices at least seven (7) calendar days in advance, the Board shall hold its organizational meeting at a time and place designated by the Board Chair. The aforementioned notice and posting requirements shall be in addition to any other requirements set forth in the Vermont Open Meeting Law. (b) At the organizational meeting, the Board shall elect from among its Membership a Chair and a Vice Chair, each of whom shall hold office for one year or until a successor is duly elected and qualified. No Director shall be elected Chair for more than three consecutive terms unless he or she receives the affirmative vote of at least a majority of the Members of the Board plus at least one additional member. 8. Resignation; Vacancy. (a) A Director may resign at any time by notice to the Chair of the Authority and to the appointing authority of the Member that he or she represents or to the Contracting Municipalities, as the case may be. A Director who is a municipal manager shall resign as a Director if he or she is no longer employed by the municipality that he or she represents or, if a mayor, if he or she is not re-elected. The foregoing sentence shall also apply to designees of a municipal manager or mayor in the circumstances described above. (b) When, for any reason, there is a vacancy on the Board the appointing authority of the Member whose seat is vacant shall, within 45 days, appoint a new Director whose eligibility is defined in subsection 6(b). The appointment shall be made by 6 official action of the appointing authority of the Member, and if done by the legislative body, evidenced in its approved minutes. In all cases, appointments shall be certified by the chair or vice chair of the legislative body of the Member to the Secretary of the Authority. 9. Officers. The officers of the Authority shall be the Chair and the Vice Chair of the Board, the Secretary of the Authority, and the Treasurer of the Authority. There may also be an assistant secretary and an assistant treasurer, as provided below. The Chair of the Board shall have the same duties and authority as the chair of a municipal legislative body under Vermont law. In the Chair’s absence, the Vice Chair shall fulfill the duties and responsibility of, and have the same authority as, the Chair. 10. Secretary. (a) The Secretary of the Authority shall be appointed by the Board and may be a Director. The Secretary, with the approval of the Board, may appoint an assistant secretary, who shall not be a Director. The Secretary or the Board may withdraw any appointment to the position of assistant secretary at any time. The Secretary shall serve at the Board’s pleasure and shall perform all of the duties and functions described in the CCPSA Bylaws, including, without limitation, the following: (1) The Secretary shall have charge and custody of the public records of the Authority and its seal. (2) The Secretary shall take the minutes of the Authority, in conformance with the Vermont Open Meeting Law, and shall prepare and cause to be posted and published, as required by the Open Meeting Law, all warnings of meetings of the Authority. (3) Following approval by the Board, the Secretary shall cause the annual report of the Authority to be distributed to the legislative bodies of the Members. The Secretary shall prepare, produce and, as appropriate, distribute any other reports or documents required by the laws of the State of Vermont, including the Vermont Public Records Act, and/or resolutions or rules of the Board. (4) Such other duties and responsibilities as assigned to the Secretary by the Board. 7 11. Treasurer. (a) The Treasurer of the Authority shall be appointed by the Board and may be a Director. In the absence of the Treasurer, the functions of Treasurer shall fall to Secretary, then Vice Chair, then Chair. The Treasurer shall keep an account of moneys, bonds, notes, and evidences of debt paid or delivered to him or her, and of moneys paid out by the CCPSA. On at least a monthly basis, the Treasurer shall review the accounts of the CCPSA, and shall have the authority to approve disbursal of all payments of the Authority, and report to the Board on each review at the next meeting of the Board, including the total amount of each warrant approved with individual vendor payments, and notations of any payments not approved. The Treasurer, with the approval of the Board, may appoint an assistant treasurer, who shall not be a Director. The Treasurer or the Board may withdraw any appointment to the position of assistant treasurer at any time. The Treasurer shall serve at the Board’s pleasure and shall, as applicable, perform all of the duties and functions incident to the office of treasurer of a body politic and corporate, as described in the CCPSA Bylaws and Vermont law. (b) The Treasurer shall have the custody of the funds of the Authority and shall be the disbursing officer of the Authority. The Treasurer or assistant treasurer shall sign, make, or endorse in the name of the Authority all checks and orders for the payment of monies and pay out and disburse the same. Board Members or CCPSA staff with check signing or fund disbursement authority shall be bonded or similarly insured. 12. Administrative Personnel. The Board may appoint a Public Safety Communications Director who shall have the authority to employ other personnel as necessary for the conduct of the business of the Authority. The Public Safety Communications Director shall serve at the Board’s pleasure and subject to such rules, policies and requirements as the Board may establish. 13. Audit. The Board shall cause an audit or outside review of its financial records to be performed annually by an independent professional accounting firm or a certified public accountant, either directly or, if financial records and statement development is performed by another governmental entity for the Authority, through contract with another governmental entity. The audit, upon completion, shall be shared with the legislative bodies of the Members. 8 14. Committees. The Board shall have the authority to establish any and all committees as it may deem necessary, including committees with Membership other than Directors. The Board shall establish an advisory committee comprised of the Members’ public safety chiefs or their designees. The Board shall define the mission, term, authority, and appointment process for any committee prior to its establishment. 15. Fiscal year. The fiscal year of the Authority shall commence on July 1 and end on June 30 of each year. 16. Budget appropriation and assessment. (a) For the first two years of each new Member’s participation in the Authority as a recipient of dispatch services, the Board may vote to allow an alternative budget process which shall substitute for steps (b), (c) and (d), below, as follows: the budget, subject to the approval of the Board, may consist of any funding made available to the Authority from Members and other sources, including but not limited to funding new Members had budgeted to operate their own separate dispatch services, in addition to any funds made available through steps (b), (c), and (d). The details of this process are set forth in Appendix A. (b) Proposed budget. (1) Annually on or before the first Monday in October, the Board shall prepare a budget for the Authority for the next fiscal year, which shall include an estimate of the revenue of the Authority from fees and other sources, revenues from each member’s assessment, and expenses for the next fiscal year, including operating and planning expenses, debt service, payments due on long-term contracts, payments due to any sinking funds for the retirement of indebtedness, payments due to any capital reserve funds, debt service reserve funds, operating reserve funds, and payments due to any other funds established by the Authority. The budget shall be in such form as deemed most useful and desirable by the Board, and shall be so arranged to show budgeted income and expenditures for the upcoming and current fiscal year and budgeted and estimated or actual income and expenditures from the preceding two fiscal years. (2) The Board shall warn an informational meeting of the voters of the Members on or before the second Friday in October each year for the purpose of presenting the 9 proposed budget and inviting discussion thereon. The informational meeting shall be held within the boundaries of one of the Members and shall be warned by a notice published in a newspaper of general circulation serving each Member at least 10 calendar days prior to the meeting. The notice shall contain a summary of the proposed budget, including the specific amount proposed as the Authority’s total expenses, and instruction on where a copy of the full budget may be inspected. The legislative body of each Member shall be sent a copy of the notice, together with a copy of the full proposed budget at least 10 calendar days prior to such meeting. (c) Approval of Proposed Budget. (1) Following the informational meeting provided for in subsection (b)(2), above, and no later than the first Monday in November, the Board shall review the proposed budget in light of comments received at the meeting, and shall thereupon vote on the proposed budget to be presented to the legislative bodies of each Member for approval or disapproval pursuant to subsection (c)(2), below, with or without changes. (2) Within 30 days of the endorsement of the proposed budget by the Board, the legislative body of each Member shall act to approve or disapprove the proposed budget. The budget shall be approved if affirmatively voted by a majority of the legislative bodies of the Members and the Director for the Contracting Municipalities, whose vote on the proposed budget shall be included for the purpose of determining whether an affirmative vote of a majority has been achieved. Each Member and the Director representing the Contracting Municipalities shall be entitled to one vote. (3) Notwithstanding subsection (c)(2), above, if the budget for a future fiscal year is proposed to increase more than one and one half percent (1.5%) in excess of the Consumer Price Index for Urban Areas (CPI-U), or a successor index, over the current fiscal year budget, voting on the budget shall be weighted as follows: There shall be 100 votes with 51 votes constituting a majority. Votes shall be allocated to each Member and the Director representing the Contracting Municipalities according to their two year average call volume allocation in FY 2018, three year average call volume allocation in FY 2019 and thereafter until the long term contribution funding formula is implemented, in which case the 100 votes shall be allocated on the same basis as the long term contribution formula, as set forth in Appendix A. The Director representing the Contracting Municipalities shall vote the shares of all of the Contracting Municipalities together. 10 (4) In the event that the legislative body of a Member or the Director representing the Contracting Municipalities fails to approve a proposed budget, the legislative body or Director shall file with the Board a written statement identifying those specific budget items to which objection is made and any modifications sought. Failure to file such a written statement of objections within 30 days of disapproval by the legislative body or a Member or the Director representing the Contracting Municipalities shall be deemed approval of the budget. Failure by the legislative body of a Member or the Director representing the Contracting Municipalities to act to approve or disapprove the budget within the 30 day period referenced in (c)(2), above, shall likewise be deemed approval of the budget. (5) If the annual budget for any fiscal year is for any reason not approved as of the beginning of that fiscal year, the District shall implement a budget, and levy assessments according to Section 17, whereby the expenses, net of member assessments, do not exceed those for the immediately preceding fiscal year until a new budget is approved. (6) Notwithstanding any disapproval of the proposed budget by failure to obtain a majority of affirmative votes from the legislative bodies of the Members and the Director representing Contracting Municipalities, the Authority shall be obligated to pay the principal of and interest on bonds, notes, and other evidence of indebtedness of the District and to satisfy any other obligations relating thereto and to pay obligations under any long-term contracts. To the extent provided by the terms of such bonds, notes, or other evidence of indebtedness, or long-term contracts, each member municipality shall be obligated to pay its share of such indebtedness and obligations under long-term contracts, but only after CCPSA first uses all undesignated fund balances to satisfy such indebtedness and obligations. Unless otherwise provided in a cost sharing formula ratified by all Members, a municipality's share of indebtedness shall be determined by the Board and shall be in an amount proportionate to the actual or estimated calls for service generated by that municipality as determined by the Board. (d) Budget adoption, appropriations, and assessment. (1) Annually on or before the third Monday in December, the Board shall vote to adopt the budget approved by majority vote of the member legislative bodies and the Contracting Municipalities Director. Prior to such vote, the Board shall have authority to amend the budget on its own motion or in response to a written statement of objections filed pursuant to subsection (c)(4), above. 11 (1) Once a budget is adopted, the Board shall notify the Members within 15 days and assess each member for its share of the sums so appropriated, less revenues anticipated from the Members and other sources, and adopt a schedule designating when such assessments are due and payable by the Members. (2) The Members shall include the Authority's assessment as a separate line item on their annual budgets so as to disclose each Member’s financial contribution to the Authority. (3) After adoption of the budget for the ensuing fiscal year, the Authority shall deliver to each Member an invoice for its share of the net cost of operating the Authority, with payments due on September 1 and November 1 of each year. 17. Cost-sharing formula. (a) The Authority shall have a Memorandum of Understanding (MOU) that defines cost-sharing among member municipalities. The MOU is attached to and made a part of this Agreement as Appendix A. (b) Following the creation of CCPSA, the MOU shall be signed by the chair of the legislative body for each Member (hereafter referred to as “ratification”) following approval by the legislative body, prior to that Member receiving service. (c) If a Member does not ratify the cost sharing formula at its initial opportunity, that member shall not receive services from the Authority, nor shall Section 20 apply to the Member, until such time as that Member ratifies the MOU as described above. (d) If a Member does not ratify the MOU within 24 months of request by the Authority, the Member shall lose voting rights on the Board, until such time as it ratifies the MOU; if a Member does not ratify the MOU within four years of voting to become a member, the Member shall cease to be a Member and shall be required to rejoin the Authority under sections 22(b) and 22(c). (e) A process for amending the MOU shall be defined in the MOU. 18. Non Payment or Disputes. (a) Non Payment (1) If any Member shall fail to pay when due any assessment against it by the Authority, it shall incur, as a penalty, such additional charge as the Board 12 determines to be reasonable. The Board may adopt a schedule of charges that includes penalty assessments for non-payment. However, no such charge shall exceed five percent of any unpaid assessment plus interest. Interest shall be charged at a rate equal to one percent per month or fraction thereof, for the first three months, and thereafter one and one-half percent per month or fraction thereof, from the due date of the assessment. (2) Payment in arrears over 60 days shall be grounds for suspension or termination of service to a Member. Prior to suspending or terminating service, the Authority shall provide a delinquent Member at least 30 days advanced written notice, via certified mail. (b) Disputes (1) As further described below, disputes between Members and CCPSA shall be settled by way of the following process and in the following order of precedence: a) the Public Safety Communications Director; b) the CCPSA Board; c) negotiation, d) mediation; and e) arbitration. (2) Should a Member dispute its assessment, it shall pay its assessed amount as outlined in this Agreement and in Appendix A. Any changes in the assessment made as a result of settlement of the dispute shall be remedied by including funding necessary for reimbursement in the next budget process, subject to the timeline described in Section 16, above. (3) All claims or disputes arising out of or related to this Agreement or any assessment or action of the Authority or any action of a Member or its Director shall first be referred to the Public Safety Communications Director for resolution. Any decision or action of the Public Safety Communications Director may be appealed by the aggrieved party to the Board, by written notice of appeal filed with the Director within 30 days of the date of decision. Failure to appeal a decision of the Public Safety Communications Director within 30 days of the date of decision shall render the Director’s decision final and binding. (4) In the event of a timely appeal to the Board, applicable provisions of the Municipal Administrative Procedures Act, 24 V.S.A., Chapter 36, for the conduct of a contested hearing, shall apply. Appeals from a final decision of the Board shall be taken by written notice of appeal filed with the Board within 30 days of the date that a final decision is rendered. Such appeals shall proceed as provided in subsection (b)(5), below. Failure to appeal a decision of the Board within 30 days of the date of decision shall render the Board’s decision final and binding. 13 (5) In the event of a timely appeal from a final decision of the Board, the parties involved in the dispute, which may include the Board or its representative, shall first negotiate in good faith in an effort to resolve their differences. Should negotiations fail, any party may give notice to the other party (or parties) of intent to require mediation. The claim or dispute shall thereafter be mediated within sixty (60) days of said notice using such mediation procedures as the parties may agree upon. Should mediation fail, the dispute shall be decided by binding arbitration, held in Chittenden County, Vermont, by a single arbitrator to be mutually determined by the parties. In the event that the parties are unable to agree on an arbitrator, then each party shall select a single arbitrator and together those two arbitrators shall select a third arbitrator, who together shall constitute an arbitration panel to hear and decide the matter in dispute. The Vermont Arbitration Act, 12 V.S.A., Chapter 192, shall apply to any arbitration between the parties. Should any claim or dispute be resolved through arbitration, the arbitrator shall have discretion to award the substantially prevailing party, in addition to any other remedy, recovery of its costs and fees, including reasonable attorney fees, to be paid by the non-prevailing party or parties. 19. Limitations of appropriations. (a) Appropriations made by the Board through the budget process, as defined in section 16 of this Agreement shall be expended only for funding allocated for items outlined in the budget; however, by majority vote of Directors, the budget may be amended from time to time to transfer funds between or among such budget items. (b) The amount of any deficit at the end of each fiscal year shall be included in the next proposed operating budget and paid out of the appropriations for that budget year. Any unencumbered balance may be placed in a designated fund balance, reserve fund, used for cash flow to avoid short term borrowing and cover expected operating expenses (to the extent they are anticipated to be incurred and paid prior to payments received from municipal Members), or returned to the Members, at the exclusive option and discretion of the Board. 20. Assessment. (a) The cost of debt service or of payments under a long-term contract shall be included in the annual budget of the Authority, and shall be allocated among the Members as provided in section 17 of this Agreement for the calculation of the annual budget assessment. 14 (b) The applicable provisions of 24 V.S.A. chapter 53 (indebtedness) or other enabling law under which debt is incurred or long-term contracts authorized shall apply to the issuance of bonds or other evidence of indebtedness by the Authority and for that purpose the Authority shall be deemed a "municipal corporation," the Board shall be deemed a "legislative branch," and the Treasurer shall be deemed a "municipal treasurer" within the meaning of that chapter. (c) Bonds or other evidence of indebtedness and long-term capital contracts shall be signed by the Treasurer and Chair of the Board. 21. Withdrawal of a municipality. (a) Withdrawal prior to bonding by the Authority Subject to the provisions of subsection (a)(1) of this section and the requirements of 24 V.S.A. § 4863, a Member may vote to withdraw from this Agreement in the same manner as it votes to adopt the Agreement if one year has elapsed since the Authority has become a body politic and corporate and the Authority has not voted to bond or otherwise borrow for construction and improvements. (1) The “financial obligations” of a withdrawing Member, as used in 24 V.S.A. § 4863, shall include a proportionate share of all ongoing costs and assessments of the Authority, including all costs arising under long term contracts, until the withdrawing Member has entered into a written agreement satisfactory to the Authority Board, and in a form acceptable to the Authority’s counsel, that at a minimum obligates the withdrawing Member as follows: (i) to pay its budgeted assessment for the first full fiscal year following the vote of withdrawal; (ii) to pay its proportionate share, based upon its assessment for the next full fiscal year following its withdrawal vote, of the defense costs and any money damages judgment rendered in legal action brought against the Authority arising or accruing in any year during which it was a Member of the Authority, to the extent that those costs and damages are not otherwise covered by insurance or liability indemnification; (iii) to pay its share, based upon its assessment for the next full fiscal year following its withdrawal, of all unbudgeted costs and expenses of the Authority arising out of the activities of the Authority during the withdrawing Member's term of Membership which have not been otherwise allocated to the Member through the 15 budgeting and assessment process, regardless of when such costs and expenses may be discovered; and (iv) to pay all of these additional costs in installments at such times and in such amounts as required by the Board or, at the option of the withdrawing Member, in a lump sum. (2) Nothing herein shall be construed to limit the authority of the CCPSA and the withdrawing Member to enter into an agreement containing such other terms and conditions for the settlement of the withdrawing Member’s financial obligations as are otherwise reasonable and consistent with law. (b) Withdrawal after bonding by the Authority. (1) As provided in 24 V.S.A. § 4863, Members are prohibited from voting to withdraw from the Authority after the Authority has voted to bond for construction and improvements. Notwithstanding this prohibition, Members may vote to “Withdraw from Receiving Service” from CCPSA following a bond vote. A Member that affirmatively votes to Withdraw from Receiving Service shall enter into a written agreement consistent with subsection 21(a)(1)(i)-(iv) and, additionally, such Member shall: (i) continue to pay its share of all debts incurred by the Authority for the remaining terms of all bonds and capital contracts in existence at the time when the vote to withdraw was taken (although its share of debt or capital contract costs may be paid in a lump sum at the request of the Member); (ii) lose voting rights on the Board immediately following the approved vote of Withdrawal from Receiving Service; and (iii) cease to be responsible for liabilities or responsibilities related to operations after completion of the steps outlined under subsection 21(a). (2 ) After all requirements under subsections 21(a) and 21(b)(1) have been satisfied, the Member that has authorized and obtained an approved Withdrawal from Receiving Service vote shall have to no further obligations to the Authority. 22. Admission of municipalities. (a) Provided their respective legislative bodies approve this Agreement and vote to warn an annual or special meeting to enter into an agreement for the formation of the Authority, the municipalities of Burlington, Colchester, Essex, Milton, 16 Shelburne, South Burlington, Williston and Winooski shall hold citizen votes on initial Membership on Town Meeting Day 2018. Membership shall be determined by a majority of voters in each municipality. The Authority shall be created if and only if voters in three (3) or more of these municipalities approve Membership. After this initial opportunity, new Members shall only be admitted through the process outlined in section (b) below. (b) The Board, following the affirmative vote of at least two-thirds of the Member legislative bodies, may authorize the inclusion of additional Member municipalities in the Authority upon such terms and conditions as it shall deem to be fair, reasonable, and in the best interests of the Authority, and additionally subject to the ratification of the MOU as outlined in Section 17. (c) Any Board-authorized additional Member municipality shall comply thereafter with the approval procedures specified in 24 V.S.A., Chapter 121, as applicable. If a majority of the Directors of the Board authorize an additional Member municipality, and those voters present and voting at a duly warned meeting of such municipality vote to approve this Agreement and the terms and conditions for admission, the Secretary of the Authority shall confirm the result of the vote with the clerk of that municipality, by receipt of certification or other appropriate means, and thereafter the municipality shall be a Member. 23. Dissolution of the Authority. (a)(1) Upon the affirmative vote of Directors representing at least two-thirds of all votes entitled to be cast on behalf of all Members and comprising at least two-thirds of the Directors present, the Board may prepare a plan of dissolution for submission to the voters of the municipal Members of the Authority at meetings of the municipal Members of the Authority duly warned for such purposes. (2) If a majority of the municipal Members of the Authority, authorized by the actions of the voters of municipal Members of the Authority, vote to dissolve the Authority, the Authority shall cease to conduct its affairs except insofar as may be necessary to complete a plan of dissolution and to conclude its affairs. (3) The Board of Directors shall cause a notice of the plan of dissolution to be mailed to each known creditor of the Authority and to the Secretary of State. (b) The plan of dissolution shall be developed using the process outlined in section 21 of this Agreement, and in Appendix A, to the maximum extent feasible and at a minimum shall: 17 (1) identify and value all assets of the Authority; (2) identify all liabilities of the Authority, including contract obligation; (3) determine how the assets of the Authority shall be liquidated and how the liabilities and obligations of the Authority shall be paid, to include assessments against municipalities of the Authority; and (4) specify that any assets remaining after payment of all liabilities shall be apportioned and distributed among the Members according to the same basic formula used in apportioning the costs of the Authority to the Members. (c) When the plan of dissolution has been fully implemented, the Board shall certify that fact to the Members whereupon this Agreement and the Authority shall be terminated. 24. Amendment of the Authority Agreement. (a) This Agreement may be amended in whole or in part. Any proposed amendment shall first be adopted upon the affirmative vote of Directors representing at least two-thirds of all votes entitled to be cast on behalf of all Directors. Any meeting for the consideration of an amendment shall be warned by the delivery to each Director, at least fifteen (15) days prior to the date of the meeting, of a notice stating the time, place and date of such meeting and including a full text of the proposed amendment or amendments. (b) If such a proposed amendment is adopted by the Board, it shall then be submitted to the legislative bodies of all of the Members. Such proposed amendment shall become effective upon its adoption by a majority of the legislative bodies of the Members. Member legislative bodies that do not vote on a proposed amendment within sixty (60) days from receipt of the amendment from the Authority shall be deemed to have approved the amendment. (c) No amendment shall substantially impair the rights of the holders of any bonds, notes or other evidence of indebtedness or substantially affect any obligations under long-term contracts of the Authority then outstanding or in effect, or the rights of the Authority to procure the means for payment, continuation, or termination of such contracts. 18 25. Ratification. (a) This Agreement shall take effect upon the approval by the voters of three or more initially participating municipalities, at their annual meeting as outlined in Section 22. (b) The legislative bodies of the Members may transfer responsibility for public safety communications services in their respective communities as the CCPSA is prepared to assume responsibility for and operate such services and, once transferred, the Members shall cease independently providing public safety communications services, except to the extent approved by the Authority. Pursuant to the affirmative vote of the voters in each of the following municipalities on March 7, 2018, the Agreement to Create a Union Municipal District to be known as the “Chittenden County Public Safety Authority” is hereby approved, to consist of those municipalities executing this Agreement, together with any additional municipalities lawfully joining thereafter. ACKNOWLEDGEMENT OF ARBITRATION Applicable to All Parties to this Agreement I understand that this Agreement To Create the Chittenden County Public Safety Authority contains an agreement to arbitrate. After signing this document, I understand that the municipality for which I have been authorized to sign will not be able to bring a lawsuit concerning any dispute that may arise that is covered by the arbitration agreement, unless it involves a question of constitutional or civil rights. Instead, I agree, on behalf of the municipality for which I sign, to submit any such dispute to an impartial arbitrator, as provided herein. DATED at _________________ this ____ day of _____________, 2017. City of Burlington By: _______________________ Its duly authorized agent 19 DATED at _________________ this ____ day of _____________, 2017. Town of Colchester By: _______________________ Its duly authorized agent DATED at _________________ this ____ day of _____________, 2017. Town of Essex By: _______________________ Its duly authorized agent DATED at _________________ this ____ day of _____________, 2017. Town of Milton By: _______________________ Its duly authorized agent DATED at _________________ this ____ day of _____________, 2017. Town of Shelburne By: _______________________ Its duly authorized agent 20 DATED at _________________ this ____ day of _____________, 2017. City of South Burlington By: _______________________ Its duly authorized agent DATED at _________________ this ____ day of _____________, 2017. Town of Williston By: _______________________ Its duly authorized agent DATED at _________________ this ____ day of _____________, 2017. City of Winooski By: _______________________ Its duly authorized agent SIGNATURE PAGE FOR STATE OF VERMONT ATTORNEY GENERAL FOLLOWS Appendix A to Agreement to Create the Chittenden County Public Safety Authority MEMORANDUM OF UNDERSTANDING (MOU) ON COST SHARING A. Introduction. This Memorandum of Understanding (MOU), appended to the Agreement to Create the Chittenden County Public Safety Authority as Appendix A, describes the agreed cost- sharing mechanism among Members. Each Member shall separately ratify this MOU as a condition of receiving dispatch and other services from the Chittenden County Public Safety Authority (the “CCPSA”). Terms used in this MOU shall have the same meaning attributed to them in the Agreement. B. Initial Contributions. There is an Initial Contributions Phase which shall commence upon the effective date of the Agreement and continue until all Members have received dispatch service from CCPSA for two (2) full fiscal years. During the Initial Contribution Phase: (1) Member communities shall contribute those financial resources budgeted by their communities to provide dispatch operations, plus any additional funds a Member is willing to contribute for the benefit of CCPSA. (2) Since not all Members presently have separate and distinct dispatch budgets, the CCPSA budget during this Initial Contribution Phase shall be substantially comprised of discretionary contributions by Members. For Fiscal year, 2015-2016, these costs have been developed, agreed to and disclosed as Direct Costs of Dispatch by members of the Joint Survey Committee for the Chittenden County Public Safety Authority, on behalf of their member communities. (3) The Members anticipate that during this Initial Contribution Phase the CCPSA budget will grow annually at the approximate rate of dispatch budget growth in the Member municipalities. (4) It is further anticipated that for up to the first two years in which dispatch services are provided by CCPSA, costs will be funded from already approved municipal budgets. If all Members have not received service for two full years after the initial two year period of CCPSA dispatch service operations, subsequent initial funding shall be budgeted by the CCPSA Board in a manner such that any increase in a Member’s initial contribution in comparison to its current dispatch budget will be approximately equal to the average increase in Member municipal dispatch budgets generally. Any percentage increase shall be applied equally to all Members during the extended initial funding period. Appendix A Page 1 (5) Any deficits that accrue during the Initial Contributions Phase prior to the implementation of the Long Term Contributions shall be equitably apportioned among those Members to which CCPSA provided dispatch services during the Initial Contributions Phase. C. Long Term Contributions. 1) Contribution Formula After the Initial Contributions Phase (i.e., when all Members have received dispatch service from CCPSA for two (2) full fiscal years), the Long Term Contributions formula set forth below shall commence and continue unless and until modified by the Board. (a) Step 1: Following the first one (1) full fiscal year in which all Members have received dispatch service from CCPSA, determine net costs of the CCPSA, aggregating all CCPSA operating expenses, capital expenses, capital reserve contributions, grant revenues, public safety answering point (PSAP) revenues, contract revenues, excess initial contribution repayments and any CCPSA deficits or liabilities. (b) Step 2: Determine the three-year rolling average of calls for service in each Member community (regardless of whether the Member received service from CCPSA during that period) expressed as a percentage: i. “Calls for service” in member communities shall be defined as: Calls for any emergency service agency (including non-municipal agencies serving the community) in a community including police, fire, and rescue services. Calls for service shall be counted per agency responding, and not per incident, shall include agencies responding to mutual aid calls, and shall include any call that causes a public safety employee to take an action or expend agency resources, whether agency-initiated or citizen-initiated. ii. To avoid a charge back through the County tax, the Chittenden County Sheriff’s Department shall not pay for calls. (c) Step 3: Apportion Step 1 net costs based on Step 2 percentages, as defined above. For example: If the CCPSA’s net cost for a fiscal year after the Initial Contributions Phase is $3.1M and the three-year rolling average of calls totals 143,652, and the Town of Colchester has 16,373 average annual calls for service during the same time period, Colchester’s proportional share of the net costs would be 11.4%, or $353,328. 2) Reimbursement for Excess Initial Contributions Member communities that provide contributions toward startup and operating expenses beyond their base Initial Contributions (i.e., “excess initial contributions”), shall be entitled to reimbursement from those communities that did not make Excess Initial Contributions. Such reimbursement may occur over a five to ten year period, based on an individual Appendix A Page 2 Member community’s contributions and all Members’ shares, utilizing the steps described below. (a) Step 1: Determine aggregate Excess Initial Contributions of all Members. (1)Excess Initial Capital Contributions may include contributions of “capital equipment.” i.Capital equipment shall include, but is not limited to, the following: Computer aided dispatch software purchase and license fees, including alteration thereof to serve more than one member of regional dispatch in linking to 911; GIS; law enforcement records management; fire records management; station alerting; NCIC/VCIC and related databases; voice logging and recording systems; facility improvements; electrical, telecom or IT wiring; telecom equipment; furniture; servers and IT network infrastructure; radio equipment; PSAP equipment, including design or engineering costs related to any of the above. ii.To qualify for reimbursement under this section, the contributed capital equipment must have had more than a one year useful lifespan or a value greater than $5,000 at the time of purchase. Multiple single items contributed contemporaneously must have an aggregate value of more than $5,000. iii.Capital equipment contributions must have been made and the equipment must be in use by regional dispatch before long term funding contributions by Members are required. iv.Capital equipment purchased prior to July 1, 2017 shall not be eligible for contribution. All equipment purchased prior to such date which is usable and desired by CCPSA shall be contributed as a part of local dispatch transition at no charge or cost to CCPSA. (2) Qualifying excess contributions are contributions that exceed (1) the municipally budgeted operating costs or (2) assessments paid by the Member municipality as Initial Contributions. Such contributions may include, but are not limited to, funding earmarked for new CCPSA dispatch resources such as managers, trainers, an executive director, or IT staff or for specific operating costs such as rent, utilities, consulting and other related costs and fees. (3) Credit for making Excess Initial Contributions must be requested by the contributing Member within 90 days of the creation of CCPSA (if the contribution was made prior to the creation of CCPSA) or within the 60 days prior to the contribution, if it is made after the expenditure and following the creation of CCPSA. CCPSA’s Board shall consider such requests and provide written notice to the contributing Member regarding eligibility for reimbursement under this subsection within 60 days of such notice. In the event Appendix A Page 3 that a Member is aggrieved by a determination of the CCPSA Board regarding the eligibility of a contribution for reimbursement, the aggrieved Member may appeal to the Board within 30 days of the date of such notice. If an appeal is submitted, the Board shall hold a hearing on the appeal as provided in the Agreement. (b) Step 2: Allocate the aggregate Excess Initial Contributions among all Members based on a three year rolling average of call percentages to determine the first year’s net costs. (c) Step 3: Determine payback for, or contributions required to pay others back for Excess Initial Contributions based on actual contributions of such resources, as designated and acknowledged by the CCPSA Board. (d) Step 4: Combine formula funding with payback of excess initial contributions to determine net funding, and determine payback period such that reimbursement occurs over the shortest possible time without triggering the “Smoothing Formula,” described below. Reimbursement for Excess Initial Contributions shall be accomplished in ten years or less. 3)Smoothing Formula Notwithstanding the above, if the Long Term Contribution formula, after accounting for reimbursement for Excess Initial Contributions, will increase any Member’s contribution requirement (including operating and capital expenses) by 5% or more in the first year such formula is employed, the Members agree: (a) The Long Term Contribution formula shall be implemented over a period not to exceed six years; the goal being to implement the formula in as short a period as possible, so that the impact of the formula on any single Member community will increase its contributions by no more than 4.9% annually. (b) This Smoothing Formula shall only apply to Member communities for which CCPSA was providing all dispatch services in the year before the formula is implemented. (c) For all eligible communities, the following steps shall apply. i.Step 1: Determine whether net funding plus reimbursement of Excess Initial Contributions for the upcoming fiscal year will cause any Member community’s budgeted contribution to increase by 5% or more. ii.Step 2: If any Member community would pay an increase of 5% or more in the first year of transition from Initial Contribution to Long Term Contribution, to the extent reasonably practicable and consistent with the limitations set forth Appendix A Page 4 above, the Long Term Contribution formula shall be adjusted as needed to modify the year-over-year increase in budgeted contribution to no more than 4.9%. However, this Step shall not be implemented if it causes additional Member communities to incur an increase of more than 4.9%. iii.Step 3: When the Smoothing Formula may be implemented, calculate each affected Members’ adjusted funding obligations by: (a) Converting the increase in contribution to a dollar amount; (b) Determining the percentage of calls in all Member communities, excluding other Member communities subject to smoothing, by totaling calls in such communities. (c) Multiply the figure derived from (a) above by (b) above to determine the financial contribution of each non-smoothing Member community to the formula. (d) Add smoothing funding to net funding to obtain adjusted funding D. MOU Adoption and Amendment. (1) This MOU shall be approved by an affirmative vote of the majority of the CCPSA Board. (2) Each community wishing to be a Member shall, by action of its legislative body, ratify this MOU before the Member community may receive services from the CCPSA. (3) Following initial adoption and ratification, this MOU may be amended by an affirmative vote of the majority of the CCPSA board, subject to ratification by the legislative bodies of those Members who comprise said majority. All amendments or modifications to this MOU shall be in writing. Appendix A Page 5 RESOLUTION FOR FORMATION OF A UNION MUNICIPAL DISTRICT RESOLVED BY THE LEGISLATIVE BODY FOR THE [CITY/TOWN] of [__________________]: WHEREAS, for over 50 years, the concept of developing a consolidated system of regional emergency dispatch has been considered and discussed in Chittenden County communities; and WHEREAS, the present system of municipal emergency dispatch relies upon over seven separate dispatch centers, with limited staffing, and requires two-stage processing for emergency calls in six of those dispatch centers; and WHEREAS, two prior studies in 1995 and 2000 by the public safety chiefs and municipal executives determined that regional dispatch was viable and worthwhile to pursue in Chittenden County; and WHEREAS, recognition that shortcomings exist in the present municipal emergency dispatch system, municipal budget pressures, technology changes, and potential changes in the State dispatching model, has led to renewed interest in and efforts to provide Chittenden County with a regionalized approach to emergency dispatch; and WHEREAS, the Chittenden County Regional Planning Commission (CCRPC), working cooperatively with communities in Chittenden County, has studied operational and governance models for regional emergency dispatch; and WHEREAS, the primary goal of the involved municipalities is to develop a consolidated, efficient, highly- effective system of emergency dispatch, that utilizes a collaborative governance model, such that most or all of the county can be served by a combined E-911 call-taking/emergency dispatch agency; and WHEREAS, Vermont law provides that the legislative branch of two or more municipalities may, by agreement, create a joint municipal survey committee to plan for the strengthening of local governments and to promote plans for more efficient and economical operation of local government services within the participating municipalities; and WHEREAS, Vermont law further provides that a Joint Survey Committee may approve the creation of a union municipal district and, upon so doing, must prepare an agreement for the formation of the district and file a copy with the legislative body, planning commission, and clerk of each participating municipality; and WHEREAS, community leaders and legal counsel from eight Chittenden County municipalities -- Burlington, Colchester, Essex, Milton, Shelburne, South Burlington, Williston and Winooski – and CCRPC worked together to develop an agreement to create a Union Municipal District to be known as the “Chittenden County Public Safety Authority;” and WHEREAS, the above-referenced agreement was unanimously approved by the members of the Joint Survey Committee, approved by the Attorney General and supported by the municipal legislative bodies in each participating community before it may be considered by the voters during the March 2018 election; and WHEREAS, upon approval by the municipal legislative bodies, the voters shall, by Australian ballot, be asked to vote on the question of accepting the agreement for the formation of a union municipal district to be known as the Chittenden County Public Safety Authority; and WHEREAS, if the voters in three or more communities ultimately approve the agreement, the Chittenden County Public Safety Authority will be formed; NOW THEREFORE, BE IT RESOLVED that the legislative body for the [City/Town] of [________________] does hereby consent and determine to warn for action at the March 2018 Town Meeting the question whether the [City/Town] of ______ shall sign the agreement for formation of a union municipal district to be known as the Chittenden County Public Safety Authority, the purpose of providing regional emergency dispatch, said question to be voted on by Australian ballot. DATED AT ___________________________, Vermont, this _____ day of _________________, 2017. _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ page revised 12/7/17 Sample (Required) Ballot Language “Shall the ___________ [name of municipality] enter into an agreement for the formation of a union municipal district to be known as the Chittenden County Public Safety Authority, for the purpose of providing regional emergency dispatch?” The vote shall be by Australian ballot as provided in Chapter 55 of Title 17. page revised 12/7/17 RESOLUTION A RESOLUTION FOR THE FORMATION OF A UNION MUNICIPAL DISTRICT WHEREAS, for over 50 years, the concept of developing a consolidated system of regional emergency dispatch has been considered and discussed in Chittenden County communities; and WHEREAS, the present system of municipal emergency dispatch relies upon over seven separate dispatch centers, with limited staffing, and requires two-stage processing for emergency calls in six of those dispatch centers; and WHEREAS, two prior studies in 1995 and 2000 by the public safety chiefs and municipal executives determined that regional dispatch was viable and worthwhile to pursue in Chittenden County; and WHEREAS, recognition that shortcomings exist in the present municipal emergency dispatch system, municipal budget pressures, technology changes, and potential changes in the State dispatching model, has led to renewed interest in and efforts to provide Chittenden County with a regionalized approach to emergency dispatch; and WHEREAS, the Chittenden County Regional Planning Commission (CCRPC), working cooperatively with communities in Chittenden County, has studied operational and governance models for regional emergency dispatch; and WHEREAS, the primary goal of the involved municipalities is to develop a consolidated, efficient, highly- effective system of emergency dispatch, that utilizes a collaborative governance model, such that most or all of the county can be served by a combined E-911 call-taking/emergency dispatch agency; and WHEREAS, Vermont law provides that the legislative branch of two or more municipalities may, by agreement, create a joint municipal survey committee to plan for the strengthening of local governments and to promote plans for more efficient and economical operation of local government services within the participating municipalities; and WHEREAS, Vermont law further provides that a Joint Survey Committee may approve the creation of a union municipal district and, upon so doing, must prepare an agreement for the formation of the district and file a copy with the legislative body, planning commission, and clerk of each participating municipality; and WHEREAS, at the February 6, 2017 regular City Council meeting, the City appointed Kevin Dorn, South Burlington City Manager, to serve on the Joint Survey Committee; and WHEREAS, community leaders, Joint Survey Committee members, and legal counsel from eight Chittenden County municipalities -- Burlington, Colchester, Essex, Milton, Shelburne, South Burlington, Williston and Winooski – and CCRPC worked together to develop an agreement to create a Union Municipal District to be known as the “Chittenden County Public Safety Authority;” and WHEREAS, the above-referenced agreement was unanimously approved by the members of the Joint Survey Committee, approved by the Attorney General and supported by the municipal legislative bodies in each participating community before it may be considered by the voters during the March 2018 election; and WHEREAS, upon approval by the municipal legislative bodies, the voters shall, by Australian ballot, be asked to vote on the question of accepting the agreement for the formation of a union municipal district to be known as the Chittenden County Public Safety Authority; and WHEREAS, if the voters in three or more communities ultimately approve the agreement, the Chittenden County Public Safety Authority will be formed; NOW THEREFORE, BE IT RESOLVED that the City Council does hereby consent and determine to warn for action at the March 2018 Annual Meeting the question whether the City of South Burlington shall sign the agreement for formation of a union municipal district to be known as the Chittenden County Public Safety Authority, for the purpose of providing regional emergency dispatch, said question to be voted on by Australian ballot. APPROVED THIS day of , 2017. SOUTH BURLINGTON CITY COUNCIL Helen Riehle, Chair Meaghan Emery, Vice Chair Tim Barritt, Clerk Pat Nowak Thomas Chittenden Proposed Ballot Language to be approved by South Burlington City Council; “Shall the City of South Burlington enter into an agreement for the formation of a union municipal district to be known as the Chittenden County Public Safety Authority, for the purpose of providing regional emergency dispatch?” The vote shall be by Australian ballot as provided in Chapter 55 of Title 17. TO: Mayor Weinberger FROM: Chief Brandon del Pozo DATE: November 14, 2017 SUBJECT: Chittenden County Public Safety Authority The Burlington Police Department supports the regional dispatch initiative known as the Chittenden County Public Safety Authority. This will shave 70-80 seconds off Burlington Police and Fire’s response to 911 calls by removing the current step of calls being answered and then relayed through current 911 centers, known as “rolldown.” Additionally, regional dispatch will allow neighboring departments to better provide mutual aid in critical incidents. By locating dispatch in one center, challenges with staffing will be reduced. There will be better support and consistent supervision for dispatchers. Dispatchers will also benefit from more professional development and advancement opportunities, which will help address staffing retention. The Burlington Police Department supports placing the agreement to form the Chittenden County Public Safety Authority on the Burlington Town Meeting Ballot and recommends its approval by Burlington Voters. ________________ Brandon del Pozo Chief of Police PO BOX 2091 COLCHESTER VT 05449 November 2, 2017 Nadine Scibek Selectboard Members, The Colchester Center Volunteer Fire Company supports the proposal to create a regional dispatch entity known as the Chittenden County Public Safety Authority. This proposal follows eighteen months of recent work and has been discussed since 1967. This has been looked at for many years and Fire has supported this cause each time the process has come up. CCVFC is looking for an improvement in our current situation for dispatching system. We are not confident that the current system meets the requirements that Fire and Rescue need to be safe. We see the points listed below as valuable for the needs of providing better response and safety to our communities. • Reduce response time in virtually every 911 call by avoiding a transfer to local dispatch saving about 70 seconds per call • Improve cross jurisdictional mutual aid-which happens every day for rescue and frequently for fire • Increase minimum staffing levels allowing more dispatchers to resource multiple emergencies in a single community • Provide dispatchers with more support, training opportunities, and advancement prospects within the field of dispatch • Provide dedicated oversight to fire and EMS calls, increasing responder safety As Chief, I have been involved with and briefed on this process. Colchester Center Volunteer Fire Company both supports the placement of the agreement on the ballot and recommends approval thereof by Town voters. Thanks for your consideration. Sincerely, Michael Chmielewski Colchester Technical Rescue Town of Colchester 687 Blakely Rd. Colchester, VT 05446 Emergency: 911 Fax: (802) 264-0749 Phone: (802) 264-5590 October 12, 2017 Colchester Selectboard 781 Blakely Rd. Colchester, Vermont 05446 Colchester Selectboard and Colchester Technical Rescue Members: Colchester Technical Rescue supports the proposal to create a regional dispatch entity known as the Chittenden County Public Safety Authority. This proposal follows eighteen months of recent work and has been discussed since 1967. Two prior studies, in 1995 and 2000 determined that regional dispatch was viable and worthwhile. Regional dispatch, especially when combined with a regional public safety answering point is worthwhile because it can: · Reduce response time in virtually every 911 call by avoiding a transfer to local dispatch saving about 70 seconds per call · Improve cross jurisdictional mutual aid-which happens every day for rescue · Increase minimum staffing at any given time allowing more dispatchers to resource multiple emergencies in a single community · Provide dedicated oversight to fire and EMS calls, increasing responder safety As Chief, I have been involved with this process. While much work remains, the next step is to ask Select boards and Councils to allow the agreement to be placed on our local Town Meeting ballot. Colchester Technical Rescue both supports the placement of the agreement on the ballot and recommends approval thereof by Town voters. Thanks for your consideration. Sincerely, Michael Cannon Chief, Colchester Technical Rescue 1 TOWN OF MILTON, VERMONT 05468-3205 Dept. of Public Safety • 43 Bombardier Road • 802-893-6655 • FAX: 893-1005 November 16, 2017 Re: Support for Chittenden County Dispatch Center To Whom It May Concern: The Town of Milton public safety services support efforts to consolidate Chittenden County dispatch centers. The benefits to citizens throughout our county, and in Milton, are clear. Improved staffing, decreased connection times, and increased interoperability are important goals that are impossible to reach without dispatch consolidation. Throughout the survey process, the Town of Milton has watched carefully to ensure any consolidation maintains or improves operations from their current level, protects tax payers, and meets the county’s public safety goals. With these principles in mind, I offer our full support to improvements that should come with the implementation of a regional dispatch center. Sincerely, Taylor F.J. Yeates Public Safety Director Town of Milton From: Chief Jennifer Morrison [mailto:jennifer.morrison@colchesterpdvt.org] Sent: Tuesday, November 14, 2017 8:52 AM To: Aaron Frank Subject: FW: CCLEE letter to support regional dispatch 2017.docx Aaron – Al Buck is the Chief of Richmond PD. From: "Buck, Alan" <Alan.Buck@vermont.gov> Date: November 13, 2017 at 6:05:15 PM EST To: Trevor Whipple <twhipple@southburlingtonpolice.org> Subject: RE: CCLEE letter to support regional dispatch 2017.docx I can support this in concept. Get Outlook for Android October 30th, 2017 Shelburne Select Board Joe Colangelo, Town Manager Shelburne, Vt. 05482 Joe and Select Board, The Shelburne Fire Department supports the proposal to create a regional dispatch entity. Regional dispatch is worthwhile because it can; Improve the mutual aid response with our neighboring departments which Shelburne, as well as many other volunteer departments, relies on in various situations. Provide a dedicated dispatch element to Fire to increase responder’s safety. Reduce the requests by IC for additional resources, allowing IC to focus on the incident they are responding to. As Chief, I have been involved with an updated on the progress of this process, and, with the proper input from the agencies involved, feel that regional dispatch will be a positive move for the fire service. The Shelburne Fire Department feels the Select Board should give this proposal consideration. Respectfully, Jerry Ouimet Chief Shelburne Volunteer Fire Department From: Foley, Patrick T. [mailto:Patrick.Foley@vermont.gov] Sent: Tuesday, November 14, 2017 11:38 AM To: Chief Jennifer Morrison Subject: RE: CCLEE letter to support regional dispatch 2017.docx Yes I support the regional dispatch. From: Chief Jennifer Morrison [mailto:jennifer.morrison@colchesterpdvt.org] Sent: Tuesday, November 14, 2017 11:36 AM To: Foley, Patrick T. <Patrick.Foley@vermont.gov> Subject: FW: CCLEE letter to support regional dispatch 2017.docx Hi Pat, Can you clarify that this means you are supportive of continuing to pursue regional dispatch? I presume that is what you meant, but don’t want to put words in your mouth!!! Thanks, Jen From: Rick Hebert Sent: Tuesday, November 14, 2017 8:15 AM To: Chief Jennifer Morrison Subject: Support of Regional Dispatch Chief Morrison, Please accept this email as my confirmation that the Winooski Police Department supports the concept of a Regional Dispatch Center. I understand that there are specific details that aren't available to municipalities as of today's date. The City of Winooski is committed to becoming a working partner to make this project a reality. I look forward to working with the group in the future. Respectfully, Rick Hebert Rick Hebert Chief of Police Winooski Police Department 27 West Allen St Winooski, VT 05404 Tel - 802-655-0221 X 18 Fax - 802-655-6427 11/14/2017 Dawn Francis Town Manager Town of Colchester 781 Blakely Road Colchester, VT 05446 Dear Ms. Francis: Please accept this letter as the Chamber’s endorsement of the concept of creating a regional dispatch service for the eight participating Chittenden County communities. The work that your group has done in outlining the efficiencies and increased public safety that will accompany a regional model is unquestionable. Public safety, be it police, fire, rescue or other first responders, is of critical importance to the business community. It not only protects our business property but, more importantly, it supports the type of community that we want for our employees and their families. We would be grateful if you let us know how we might further support your efforts. To close, please accept our gratitude and extend our thanks to the team that has worked on this. It is a practical solution to a problem that has been recognized for quite a while. We appreciate the political will that is behind this solution. Sincerely, Thomas W. Torti President