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Agenda - City Council - 03/19/2018
AGENDA SOUTH BURLINGTON CITY COUNCIL South Burlington City Hall 575 Dorset Street SOUTH BURLINGTON, VERMONT Regular Session 6:30 P.M. Monday, March 19, 2018 1. Pledge of Allegiance. (6:30 – 6:31 PM) 2. Instructions to exit the building in case of emergency (6:31 – 6:32 PM) 3. Possible Executive Session to discuss legal issues related to current and proposed restrictions on land use at the Wheeler Nature Park as well as a potential purchase of property utilizing funds from the City’s Open Space Fund. (6:32 – 7:10 PM) 4. Comments and questions from the public not related to the agenda. (7:10 – 7:20 PM) 5. Announcements and City Manager’s Report. (7:20 – 7:30 PM) 6. ***Public Hearing, Second Reading and possible adoption of amendments to the City’s Public Nuisance Ordinance – Andrew Bolduc (7:30 – 7:45 PM) 7. Library Grant Application Jennifer Murray (7:45 – 7:55 PM) 8. Consent Agenda: (7:55 – 8:00 PM) A. Sign Disbursements B. ***Approve Minutes for February 20th, March 5th and March 7th C. ***Approve & Authorize Council Chair to Execute Quitclaim Deed for Conveyance of City “Lease Land” Interest at A1 Stonehedge Drive D. ***Approve Chittenden County MS4 Stormwater Program Agreement Amendments E. ***Approve Hadley/Proctor Neighborhood Sewer Project State Revolving Loan Application – Construction Phase 9. ***Public Hearing on possible amendments to the Land Development Regulations, Jessica Louisos, Planning Commission Chair and Paul Conner, Director of Planning & Zoning (8:00 – 8:30 pm) a. Establish housing preservation and replacement standards in certain zoning districts b. Modify the City Center Form Based Code, including building placement standards; buffer strip requirements; prohibited exterior materials and replacement of existing siding; open space and landscaping; accessory structures; and building envelope standards in the T3/T3+, T4, and T5 Districts c. Modifications to height standards in the C1-R12, C1-R15, and C1-Auto Districts and removal of minor rooftop apparatus from height requirements in all districts d. Establishment of an Urban Design Overlay District within portions of the C1-R12, C1-R15, and C1-Auto Districts e. Modifications to Bicycle Parking standards f. Minor technical corrections 10. Consider possible adoption of draft Land Development Regulations – Paul Conner (8:30 – 8:40 PM) 11. Councilor’s reports from Committee assignments. (8:40 – 8:50 PM) 12. Presentation on Underwood Master Plan Holly Baker & SE Group, 45 minutes (8:50 – 9:30 PM) 13. Consider and possibly amend decision related to the Jaycee Park Dog Park. (9:30 – 9:40 PM) 14. ***February Financials Tom Hubbard (9:40 – 9:45 PM) 15. *** Consider and possibly approve providing Chair authority to sign Union Municipal District Agreement authorized by the voters on March 6, 2018. – Kevin Dorn (9:45 – 9:50 PM) 16. *** Consider and possibly authorize City Manager to send a Letter of Intent to the Superintendent of Schools and Chair of the School Board relating to the transfer of land at the south end of the Marcotte Central School Parking Lot property to the City for the use in construction of a Community Center and the transfer of a small parcel of land to the City on the east side of the Marcotte Central School property needed to construct Garden Street and the construction of a new, guaranteed and permanent entrance to the Marcotte Central School property. – Kevin Dorn (9:50 – 10:00 PM) 17. Other Business: (10:00 – 10:05 PM) A. Items held from the Consent Agenda. Adjourn. (10:05 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 no 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. Public Nuisance Ordinance NUISANCE ORDINANCE 2 City of South Burlington Ordinance Table of Contents 1. Purpose and Authority ......................................................................................................... 3 2. General Definitions ............................................................................................................... 3 3. Excessive Noise ..................................................................................................................... 3 4. Urination and Defecation in Streets ..................................................................................... 5 5. Defacing Buildings, Structures and Signs ............................................................................. 5 6. Improper Use of Privately Controlled Waste Containers ..................................................... 5 7. Enforcement ......................................................................................................................... 5 8. Civil Penalty; Waiver Fee ...................................................................................................... 5 9. Other Relief .......................................................................................................................... 6 10. Severability ........................................................................................................................... 6 NUISANCE ORDINANCE 3 City of South Burlington Ordinance The Council of the City of South Burlington hereby ordains: 1. Purpose and Authority This Ordinance is enacted pursuant to the authority granted to the City to promote the public health, safety, welfare, and convenience contained in 24 V.S.A. Section 2291, and Section 104 of the South Burlington City Charter. It is the purpose of this Ordinance to preserve the public health, safety, and welfare by prohibiting general nuisance behavior which is unreasonable or unsuitable for a particular time and place, and which, consequently, is detrimental to the peace and good order of the community. It is the goal of this Ordinance to allow all persons of South Burlington to peacefully coexist in a manner which is mutually respectful of the interests and rights of each other. Typically, nuisance behavior disrupts the public peace and affects the quality of life within the community. This Ordinance shall be a civil ordinance within the meaning of 24 V.S.A. Chapter 59. 2. General Definitions The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: City The City of South Burlington and/or its duly authorized agents or employees. Person Any natural person, corporation, municipality, the state of Vermont, or any department, agency or subdivision of the state, and any partnership, unincorporated association or other legal entity. Public place A place where a governmental entity has title to or which the public or a substantial group of persons has access, including but not limited to any street, highway, parking lot, plaza, transportation structure, facility or vehicle, school place of amusement, park, playground or sidewalk or to the doorways and entrances to buildings or dwellings, or grounds enclosing them thereupon. 3. Excessive Noise (A) The purpose of this section is to preserve the public health, safety, and welfare by prohibiting excessive and disturbing noise and to prevent noise which is prolonged or unsuitable for the time and place and which is detrimental to the peace and good order of the community. It is the goal of this section to allow all persons of our city to peacefully coexist in a manner which is mutually respectful of the interests and rights of others. (B) General Prohibition. It shall be unlawful for any person to make or cause to be made any loud or unreasonable noise. Noise shall be deemed to be unreasonable when it disturbs, injures or endangers the peace or health of a person or when it endangers the health, safety or welfare of the community. Any such noise shall be considered to be a noise disturbance and a public nuisance. (C) Express Prohibitions. The following acts, which enumeration shall not be deemed to be exclusive, are declared to be noise disturbances: (1) Operating or permitting the use or operation of any musical instrument, radio, television, phonograph, or other device for the production or reproduction of sound in such a manner as to be plainly audible through walls or floors between units within the same building, from another property or from the street between the hours of 10:00 p.m. and 7:00 a.m. or in such a manner as to unreasonably disturb the peace, quiet or comfort of the public. NUISANCE ORDINANCE 4 City of South Burlington Ordinance (2) The operation or permitting the operation of any radio, stereo or other sound amplification equipment from a motor vehicle that is audible at twenty-five (25) feet from such vehicle. The term “motor vehicle” shall mean any car, truck or motorcycle. (3) Notwithstanding section (3)(B), it shall be unlawful for any person who is participating in a party or other social event to actively make unreasonably loud noise. A “party or other social event” is defined as a gathering upon the premises of one or more persons not residing at the premises. Unreasonably loud noise is noise that unreasonably interferes with the peace or health of members of the public or is plainly audible between the hours of 10:00 p.m. and 7:00 a.m. through the walls between units within the same building, from another property or from the street. It shall also be unlawful for any resident of a premises under his or her control to allow a party or other social event occurring in or about the premises to produce unreasonably loud noise. There is a rebuttable presumption that all residents of the premises have allowed such party or other social event to occur in or about the premises. All residents of the premises are responsible for such unreasonable noise made, each having joint and several liability. (4) Operating or permitting or directing the operation of any power equipment or machinery outdoors between the hours of 9:00 p.m. and 7:00 a.m., except in emergency situations or by permission of the City Manager. (5) Noise resulting from the excavation, demolition, erection, construction, alteration or repair of any premises or structure between the hours of 9:00 p.m. and 7:00 a.m., except in emergency situations or by permission of the City Manager. (6) The use of loudspeakers or other sound amplification equipment upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or site. (7) Persons keeping or harboring any dog or cat which by frequent or long continued noise unreasonably disturbs the comfort or reposepeace or health of persons in the vicinity and is plainly audible between the hours of 8:00 p.m. and 7:00 a.m.. (8) Noise related to trash pick-up and removal between the hours of 8:00 p.m. and 6:00 a.m. (DC) Noise from the following sources shall be exempt from the prohibitions specified herein: (1) All safety signals and warning devices or any other device used to alert persons to any emergency or used during the conduct of emergency work, including, but not limited to, police, fire and rescue vehicle sirens. (2) The repair and maintenance of municipal facilities, services or public utilities when such work must be accomplished outside daytime hours. (3) Snow removal equipment operated within the manufacturer’s specifications and in proper operating condition. (4) Musical, recreational and athletic events conducted by and on the site of a school, educational institution, park, or recreational area. (5) Events and activities conducted by or permitted by the City. Persons operating an event or activity under authority of an entertainment permit, parade/street event permit, or parks special use permit shall comply with all conditions of such permits or licenses with respect to noise control issues. NUISANCE ORDINANCE 5 City of South Burlington Ordinance (6) Construction or repair work which must be done to address an emergency health or safety concern and that cannot be accomplished during daytime hours and which is not work which includes normal maintenance and repair. (7) Any other specific function as approved by the City Manager. (8) Noise from a permitted use in an applicable zoning district of the City’s Land Development Regulations provided it complies with the Regulations’ specific performance standards for that district. (D) The City may notify the owner of any property upon which a violation of this section has occurred and a person has been issued a municipal complaint pursuant thereto that such complaint has been issued. 4. Urination and Defecation No person shall urinate or defecate on any street, in a park or other public place, except in facilities specifically provided for this purpose. Such practice is hereby declared to be a public nuisance. 5. Defacing Buildings, Structures and Signs Defacing buildings, structures and signs prohibited. No person shall apply or cause to be applied any paint, varnish, lead, crayon, wax, ink, dye or other indelible substance, nor shall any person carve, chisel or write any figure or letter on the exterior or interior walls or on the windows of any building or structure or deface any sign without having first secured authority from the owner of such building or his duly authorized agent to do so. Such practice is hereby declared to be a public nuisance. 6. Improper Use of Privately Controlled Waste Containers The dumping of household, construction, or other forms of waste in privately controlled waste containers shall be a violation of this section. 7. Enforcement (A) Any person who violates a provision of this Ordinance shall be subject to a civil penalty of up to $800 for each violation. Each day the violation continues shall constitute a separate offense. Police Officers of the City of South Burlington shall be authorized to act as Issuing Municipal Officials to issue and pursue before the Judicial Bureau a municipal complaint. A municipal complaint may, at the discretion of the Issuing Official, be dismissed or a civil penalty or waiver fee may be reduced, upon the successful completion of a reparative justice program through the South Burlington Community Justice Center . 8. Civil Penalty; Waiver Fee An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation: First offense $160 Second offense $320 NUISANCE ORDINANCE 6 City of South Burlington Ordinance Third offense $480 Fourth offense $640 Fifth and subsequent offenses $800 An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: First offense $100 Second offense $250 Third offense $400 Fourth offense $550 Fifth and subsequent offenses $700 9. Other Relief In addition to the enforcement procedures available before the Judicial Bureau, the City Manager is authorized to commence a civil action to obtain injunctive relief and other appropriate relief, or to pursue any other remedy authorized by law. 10. Severability If any portion of this Ordinance is held to be invalid by a court of competent jurisdiction, such finding shall not invalidate any other part of this Ordinance. [THIS SPACE INTENTIONALLY LEFT BLANK] Adopted at South Burlington, Vermont, this 19th day of October, 2015, and to be effective upon adoption. NUISANCE ORDINANCE 7 City of South Burlington Ordinance Adopted at South Burlington, Vermont this _____ day of __________________, 2018, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _________________________________ Helen Riehle, Chair _________________________________ Meaghan Emery, Vice-Chair _________________________________ Tim Barritt, Clerk _________________________________ Thomas Chittenden _________________________________ Pat Nowak Received and recorded this ______ day of _____________________, 2018. _________________________________ Donna Kinville, City Clerk SOUTH BURLINGTON CITY COUNCIL _____________________________________ ___________________________________ Pat Nowak, Chair Meaghan Emery _____________________________________ ____________________________________ Chris Shaw, Vice-Chair Thomas Chittenden NUISANCE ORDINANCE 8 City of South Burlington Ordinance _____________________________________ Helen Riehle, Clerk Received and recorded this ______ day of ________________________, 2015. _____________________________________ Donna Kinville, City Clerk South Burlington Water Dept. Accounts Payable Check Register Date: 03/20/18 Date Check No. Paid To Memo Amount Paid 3/20/2018 3340 All Seasons Excavating 8,198.33 Date Voucher Number Reference Voucher Total Amount Paid 2/21/2018 VI-14479 29607 8,198.33 8,198.33 3/20/2018 3341 Emin Bakiu 115.43 Date Voucher Number Reference Voucher Total Amount Paid 3/6/2018 VI-14476 REFUND 115.43 115.43 3/20/2018 3342 Champlain Water District 55,223.04 Date Voucher Number Reference Voucher Total Amount Paid 2/28/2018 VI-14473 SBWD-335 55,223.04 55,223.04 3/20/2018 3343 Michael Paige 94.99 Date Voucher Number Reference Voucher Total Amount Paid 3/6/2018 VI-14477 REFUND 94.99 94.99 3/20/2018 3344 Lawrence Parent 6.15 Date Voucher Number Reference Voucher Total Amount Paid 3/5/2018 VI-14478 REFUND 6.15 6.15 3/20/2018 3345 City Of South Burlington 220,588.92 Date Voucher Number Reference Voucher Total Amount Paid 3/6/2018 VI-14474 FEBRUARY SEWER 220,588.92 220,588.92 3/20/2018 3346 City Of South Burlington 98,703.52 Date Voucher Number Reference Voucher Total Amount Paid 3/6/2018 VI-14475 FEBRUARY STORMWATER 98,703.52 98,703.52 Total Amount Paid: 382,930.38 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: March 15, 2018 Page 1 of 1 CITY COUNCIL 20 FEBRUARY 2018 The South Burlington City Council held a regular meeting on Tuesday, 20 February 2018, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: H. Riehle, Chair; M. Emery, T. Barritt, T. Chittenden Also Present: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; A Bolduc, City Attorney; D. Rugh, Attorney; C. Baker, CCRPC; R. Smith, Auditor; M. Mittag, W. Dodge, J. Myers, M. Cassella, C. Young, M. Ostby, 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: Members agreed to add the following to Other Business: a. Discussion of the process for hiring a new Police Chief b. Discussion regarding the noise survey c. Discussion on how the Council might provide leadership in 2 areas 3. Possibly enter Executive Session to discuss legal and personnel matters to include appointments to South Burlington Boards, Committees and Commissions: Mr. Barritt moved that the Council make a specific finding that premature general public knowledge of a discussion and update with the City Manager on labor relations negotiations with employees and confidential attorney-client communications made for the purpose of providing professional legal services to this Council would clearly place the City at a substantial disadvantage. Ms. Emery seconded. Motion passed 4-0. Mr. Barritt then moved that the Council enter into executive session for the purpose of discussion labor relations agreements with employees, CBA update; confidential Attorney/Client communications; and the appointment, employment or evaluation of a public officer or employee and to invite the City Manager, Deputy City Manager, and City Attorney into the session with the Council. Ms. Emery seconded. Motion passed 4-0. The Council entered executive session at 6:38 p.m. and resumed open session at 7:12 p.m. 4. Comments and Questions from the public not related to the agenda: No issues were raised. 5. Announcements and City Manager’s Report: Council members reported on meetings and events they had attended in recent weeks. CITY COUNCIL 20 FEBRUARY 2018 PAGE 2 Mr. Dorn: Acknowledged the assistance of Mr. Rabidoux, Ms. Blanchard and Ms. LaRose at the SBBA event. A date for a Council meeting with SBBA is still pending. Last week, Mr. Rabidoux led a tour of City Hall Park. A tremendous amount of work has been done there. Police Chief Whipple is at the White House for an award ceremony for a Medal of Valor recipient. The Chief serves on a national committee to select that recipient. 6. Councilors Reports from Committee Assignments: Mr. Chittenden invited members to channel any questions regarding Green Mountain Transit through him. Ms. Riehle asked about future plans for Tilley Drive and concern that the number of South Burlington trips does not equate with the amount the city pays to GMT. She noted that people now have to take a bus downtown for a transfer to the bus to Tilley Drive. She suggested that Mr. Chittenden bring back to the GMT Board that the city is looking for some “creativity,” and that the Medical Center needs to be a part of that conversation. 7. Public Hearing: Second Reading and possible adoption of amendments to the City’s Public Nuisance Ordinance: Ms. Emery moved to open the public hearing. Mr. Barritt seconded. Motion passed 4-0. Mr. Bolduc explained that the amendments clarify what constitutes a public nuisance. It also expands the hours when trash pick-up is a public nuisance from 8 p.m. to 6 a.m. to 8 p.m. to 7 a.m., and exempts noise from a permitted use in an applicable zoning district of the city’s Land Development Regulations with certain criteria. Ms. Emery said she had thought the expanded hours were for everything, not only from trash collection. Mr. Bolduc said he didn’t recall the Council every wanted a blanket 7 a.m. Mr. Chittenden said the Council voted only to move the amendments forward to a public hearing. He also noted that trash haulers want 6 a.m. because of traffic issues and that Tom Moreau has suggested having that discussion along with a discussion of a single-hauler system. CITY COUNCIL 20 FEBRUARY 2018 PAGE 3 Mr. Myers said the one hour in the morning is huge to haulers. It gives them a 2+ hour advantage over traffic concerns. He expressed concern for the safety of his drivers being out twice a day in heavy traffic. They also have to be at the dumping site by 3:30 p.m., and the extra hour could jeopardize that as well. He felt the added hour could also add to costs as they would have to hire more people. He noted that it is rare that they get even 3 calls a year regarding noise. Mr. Cassella agreed with Mr. Myers and noted that in most cities trash is picked up at midnight. He didn’t feel that putting drivers at risk is good for the community or the drivers. The pickup process would take more time, put more trucks on the road, put more carbon emissions into the air, etc. Mr. Chittenden asked whether there is a form of consolidated service where there could be more efficiency. Mr. Barritt said he would like to have that discussion, but it is not on this agenda. Ms. Ostby noted that children are walking to school at 7 a.m., often when it is not fully light out, and having more trucks on the road could be a risk to the kids. There was no other public comment. Ms. Emery moved to close the public hearing. Mr. Barritt seconded. Motion passed 4-0. Mr. Emery suggested removing the trash collection from the 7 a.m. time frame but to leave the other noise sources at 7 a.m. Other members supported that change. Mr. Bolduc suggested 19 March for another hearing on the amendments. Ms. Emery moved to warn a public hearing for a second reading of amendments to the City’s Public Nuisance Ordinance for 19 March 2018, 7:30 p.m. Mr. Chittenden seconded. Motion passed 4-0. 8. Consent Agenda: a. Sign Disbursements b. Approve Minutes for 4, 16 and 24 January and 5 February 2018 c. Approve Negotiation and Execution of Park Signage Contract with Design Signs, Inc. CITY COUNCIL 20 FEBRUARY 2018 PAGE 4 d. Approve Stormwater Grant Application for Construction of Pinnacle at Spear Pond MO5 Retrofit: Ms. Emery noted the due date on the grant application had passed. Mr. Dorn said he assumed Mr. DiPietro had made arrangements so the application would be timely with the State. Ms. Emery moved to approve the Consent Agenda as presented. Mr. Chittenden seconded. Motion passed 4-0. 9. Presentation and discussion of FY17 Audit: Mr. Smith reported that the City improved its financial position in FY2017. He is still concerned that there be a 30-day reserve balance. That would amount to $1,800,000. The current reserve is half of that amount. The city’s financial security and bond rating depend on that reserve. He noted that the city does have healthy utility departments to borrow from in an emergency (such as happened 6 years ago). He stressed that they should stay away from the restricted fund for such borrowing. He also cited that funds from impact fees and other dedicated funding which eases the rush to get to the $1,800,000 figure quickly, but there is still the need to work toward that figure. Mr. Smith noted there are still some unfunded obligations including about $700,000 for retirement benefits (the amount left on the bond). He felt the growth in the pension will one day take care of that obligation. Mr. Smith also noted that when management letters were sent regarding a payroll issue, management responded very quickly to mitigate the concern. Mr. Smith then addressed the question of “complacency” with continuing to use the same auditors. He noted that GFOA has said that if a company has safety in place, using the same auditors is not an issue. Mr. Smith noted that his company rotates auditors every 2 years. He also stressed that municipal auditing is very specialized and that his firm does over 500 municipalities. He serves on the “Yellow Book” advisory committee and is to be the recipient of a national award this spring. This would be their 8th year of working for South Burlington, and he has served some of his clients for over 20 years. CITY COUNCIL 20 FEBRUARY 2018 PAGE 5 Ms. Emery noted that the city spends more than it takes in. Mr. Smith said this is a typical problem. Ms. Emery said she would like to see fine details on new initiatives such as mental health, dispatch, etc. Mr. Smith said they can add that information. Mr. Chittenden asked if there is much flexibility in property tax collection in other communities. Mr. Smith said he sees a lot of discount programs. He did not feel that now is the time for South Burlington to consider that; however, it should be a future goal. 10. Receive and discuss petition related to reopening of the South Burlington Dog Park located at J C Park: Residents presented a petition with 273 signatures to reopen the JC Park Dog Park. They said they heard no noise complaints when they canvassed the neighborhood. They could not understand what caused the closure. They felt that having the dog park there brings a closer community, but also recognized that a dog park “will not be the quietest place in town.” Ms. Riehle said there is a need for more than one dog park in the city. She noted that the Airport suddenly closed the dog park that had been on Airport property and the city tried to find a place quickly. She said she did not particularly favor the JC Park location, but it was land that the city controls and there was a need to move the fencing from the Airport location to a new location before winter. Ms. Emery said that JC Park was always intended to be a temporary site. Not all neighbors were satisfied with the location, and it evoked confrontations between neighbors. Mr. Chittenden said more dog parks are needed and suggested the focus now be on finding those locations that will work. He did not feel JC Park should have been closed before another site was identified. Ms. Riehle cited the need to come up with guidelines for dog parks including size, proximity to residences, etc. City-owned land could then be identified to see what would work. Ms. Young, who serves on the committee to come up with those guidelines said she could find not reference to JC Park being a “temporary” site. She stressed that they want JC Park reopened until a new site is identified. CITY COUNCIL 20 FEBRURY 2018 PAGE 6 Mr. Chittenden said he was willing to make that motion, but he did not feel it would pass. One of the neighbors said that only person complained and that she lives next door to him and she never heard a lot of noise. Mr. Barritt said he drove to the park one Saturday morning and felt there was considerable noise from barking dogs. Ms. Emery said the Council made a mistake in putting a “non-essential” dog park in a location which caused rancor between neighboring residents.. A resident asked why the Airport threw the city out of the dog park located at the Airport. Ms. Riehle explained that the FAA has said that any land acquired with FAA money must be used only for airport-related activity, and the dog park did not fit that requirement. Mr. Dorn stressed that this is the second time the city has been thrown out of a dog park, first by UVM and then by the Airport. The city wants to cite a dog park on city-owned land so that cannot happen again. Council members urged the committee to come up with guidelines so the process of siting new dog parks can proceed. 11. Receive and discuss report related to current land use restrictions on the Wheeler Homestead and Park property: Mr. Rugh noted that the property is 98 acres, not including the 22 acres that were just added or the 25 acres to the northwest. The city’s practice since 1990 has been to use that land for recreation. Since then, practice has been to go to the voters if the city wanted to use the land for some other purpose than recreation (e.g., police station). Mr. Rugh said that aside from that practice, there are 14.4 acres east of the Homestead and south of Swift St. that have been set aside in perpetuity as mitigation for prime ag soils (tied into the 25 acres north of Oak Creek Village at Fox Run Lane). No buildings or structures can be on that land but with permission of the District Commission there could be rec paths or a picnic area. There can be no motor vehicles, no fill and no grading, and nothing that could negatively impact the use of that land for agriculture. CITY COUNCIL 20 FEBRUARY 2018 PAGE 7 Mr. Rugh also noted that the city just accepted a permit condition for 7 acres of offsite mitigation for the JAM Golf development just to the east of the 14.4 acres. There are now much stricter restrictions on that land and it can be used only for farming (under Act 250). It must be brush-hogged every 2 years, if the land remains fallow. Mr. Rugh said it appears there are 47 acres of prime agricultural soils remaining on the parcel. The 22 acre piece the city recently acquired has no legal restrictions. However, when the golf course development was built, the developer relied on those 22 acres as “open space” for the development. It would require mitigation if there were some uses proposed for that land. Ms. Emery asked if a blanket policy to keep the land in perpetuity desirable. Mr. Rugh said that depends on whether you are a conservationist or a developer. Mr. Bolduc noted there are other land characteristics that might inhibit development. Mr. Rugh cited wetlands which, if they are Class 2, would be hard to develop, and if they are Class 3, would require mitigation. Ms. Riehle suggested an executive session to get some more legal advice. Mr. Rugh noted there are some restrictions that might preclude putting some of that property into a conservation easement. 12. Briefing and discussion regarding CCRPC ECOS Plan: Mr. Shaw, the City’s representative to CCRPC, noted a public hearing tomorrow on the ECOS plan (the regional plan for the county) at 6 p.m. in Winooski. The plan is on the website. A second public hearing will be held on 16 May with 20 June set for adoption of the plan. Mr. Baker reviewed the top 10 Actions for the 5-year duration of the new plan as follows: a. Support multi-modal development b. Invest in the transportation system c. Support housing development d. Assist municipalities with enhanced energy planning e. Implement the Lake Champlain TMDL program to help clean up the Lake f. Emergency management (regional dispatch) g. Support population health h. Monitor advancement of autonomous vehicles CITY COUNCIL 20 FEBRUARY 2018 PAGE 8 i. Coordinate with municipalities on ECOS Annual Report j. Support workforce development Mr. Baker noted the plan is largely the same as the 2113 plan with updates and some reorganization. They have also updated the Metropolitan Transit Plan (MTP) and the Community Economic Development Strategy, which are now part of the ECOS package. There is a new Enhanced Energy package which includes homes using less energy and having growth go into areas planned for growth (near services) to reduce traffic and energy needs. Mr. Baker noted the State mandate that 90% of energy be from renewable sources by 2050. This means that 90% of cars would need to be electric by that date. Mr. Baker felt this was not realistic if gas prices continue to be cheaper than renewable sources of energy. Regarding traffic, Mr. Shaw noted the number of people living outside Chittenden County and commuting into Chittenden County has increased. In addition, the number of people over age 60 has increased while the number of people in the “young family” age range has not. Thirteen percent of Vermonters age 20-24 are unemployed and looking for work compared to the rest of the population. Seven percent for Vermonters are “underemployed.” Forty percent of high school graduates do not go on to further education. Ms. Emery felt it would make more sense to have a regional bike path system. Mr. Baker said they try to look at where there are gaps, but government structure in Vermont relies on communities to make those decisions. He noted that 70% of funding goes to maintaining the transportation system. Mr. Chittenden felt they need to look at license plates to determine assessment for tolls. Mr. Baker noted the potential for Interstate/interchange improvement but added this would take a long time. It is very much a South Burlington issue. Ms. Emery expressed the need to bring families back to the city. She noted how hard it is to find family housing. Mr. Baker said that it was also a consequence of lack of employment opportunities that provide for promotions, which was a state-wide problem, not only South Burlington's. Ms. Riehle said South Burlington is a “pass-through” community, and the city is left with having to keep roads maintained without financial recognition by the State. CITY COUNCIL 20 FEBRUARY 2018 PAGE 9 13. New Cingular Wireless Request for a License Agreement for “Small Cell” Wireless Installations on City Land: Mr. Bolduc said the agreement would be for 10 years with an automatic renewal. The city would receive $250 a year rent for each location. Mr. Dodge then explained that they are looking at 3 sites in the city: the light pole near the Fire Station, a pole near the Vitamin Shoppe, and a pole at 400 Dorset Street. He explained the different types of cell sites. These would be basically small sites that would cover a radius of about 150 feet and would take a signal from a macro site and boost it. Mr. Dodge showed photographs of what the installations would look like. There would be no ground disturbance. He also explained the legal process and the need for an agreement to use a municipal pole. There would be no change to the poles. Mr. Dodge said these installations will improve things on Dorset Street. They are also working on some sites with Green Mountain Power poles. The installations will deal with the period when a lot of people are using their phones at the same time. Mr. Barritt suggested painting the equipment the same color as the pole. Mr. Dodge said that can be discussed. Mr. Dorn asked if it is anticipated there could be more city poles involved. Mr. Dodge said the agreement says there could be more. Mr. Dodge added that they will post a $5000 bond and they will do all the “make ready” work and provide insurance and indemnification to the city. Mr. Chittenden moved that the Council authorize the City Manager to negotiate and enter into a license agreement or agreements with New Cingular Wireless at the proposed three locations in and owned by the City. Mr. Barritt seconded. Motion passed 4-0. 14. Discussion and possible action related to Council appointments to South Burlington Boards, Committees and Commissions: Ms. Emery moved to make the following appointments: CITY COUNCIL 20 FEBRUARY 2018 PAGE 10 Ian Squirrell ………………….. Housing Trust Fund Committee Daniel Seff ……………………. City Charter Committee Brian Sullivan ………………. Development Review Board Jonathan Pence …………… Parks Committee Mr. Barritt seconded. Motion passed 4-0. 15. January Financials: Mr. Hubbard reported that 58% through the year, expenses are at 56% of budget and revenues are at 53%. Most operating transfers and vehicle purchases have been made. Due to the weather, they are well into the salt budget and overtime budgets. All bond payments have been made. Building and sign permits are where they should be, and fire inspections are already higher than last year. 16. Acknowledge receipt from the Planning Commission of draft amendment to the Land Development Regulations and accompanying Report. Consider warning public hearing on draft amendments to the Land Development Regulations: Ms. Ostby explained an issue that came up in the Planning Commission public hearing regarding 8-foot vs. 5-foot setbacks in the Form Based Code area. The Planning Commission was split on the issue and agreed to let the Council hear both sides. Mr. Barritt moved to warn a public hearing on draft amendments to the Land Development Regulations for 19 March, 8 p.m. Mr. Chittenden seconded. Motion passed 4-0. 17. Other Business: a. Ms. Emery noted that the son of a couple she knows contacted her and sent her application information for the Police Chief position in South Burlington, unsure about his eligibility. The ad for the position requires that applicants be Vermont police officers with Level 3 certification. She asked why Mr. Dorn had limited the pool to Vermont police officers.. She felt it is important to have the hiring of a police chief to be a public process and the public should be invited to indicate the qualities they would want to have in their new police chief. She noted that CITY COUNCIL 20 FEBRUARY 2018 PAGE 11 she did not want the city to turn away anyone who was qualified. Mr. Dorn said they are requiring a pool of Vermonters that are already certified to be a police chief in the State. Because of the available pool of such officers, it was not felt that there is a need to go outside the state. He stressed that you cannot serve as a police chief in Vermont without Level 3 certification. Mr. Dorn also stressed that the police chief works for him, and under the City Charter, it is his job to hire that person. He will not delegate that responsibility. Ms. Emery said she was concerned with “transparency” and felt the public has to be involved. Mr. Dorn expressed willingness to discuss in executive session the qualities he is looking for in a new police chief. He stressed that this is an elite position in the state and there are highly qualified candidates in the state. Members agreed to hold their reorganization meeting on 7 March at 6:30 with an executive session to follow at which time Mr. Dorn will discuss the qualifications for the police chief position. b. Ms. Riehle said that she and Ms. Emery have been working with Mr. Conner on a survey of what people want in the way of noise abatement. There is a question as to whether teachers/school personnel should also be involved in the survey. Mr. Chittenden cited the need to be sure respondents are actually residents of the Chamberlin area. Mr. Barritt suggested a code system to get that assurance. Mr. Dorn will contact a survey group to see what they recommend. As there was no further business to come before the Council, Mr. Chittenden moved to adjourn. Ms. Emery seconded. Motion passed unanimously. The meeting was adjourned at 11:50 p.m. ________________________________ Clerk PRE-TOWN MEETING 5 MARCH 2018 The South Burlington City Council and South Burlington School Board held a pre-Town Meeting public informational hearing on Monday, 5 March 2018, at 7:00 p.m. in the Frederick Tuttle Middle School, 500 Dorset Street. MEMBERS PRESENT: City Council: H. Riehle, Chair; T. Chittenden, M. Emery, T. Barritt; School Board: E. Fitzgerald, Chair; M. Lalonde, B. Burkhardt, A. McHenry ALSO PRESENT: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; D. Young, Superintendent of Schools, J. Aubin, School District; D. Kinville, City Clerk; A. Bolduc, City Attorney; P. Conner, Director of Planning & Zoning; J. Rabidoux, Public Works Director; I. Blanchard, Project Manager; Chief T. Whipple, Police Department; Chief D. Brent, Fire Department; S. Dory, C. Ingalls, City Manager’s Office; C. Holm, Public Information Officer; J. Murray, Librarian; Rep. A. Pugh, M. Kuperman, J. Kochman, T. Riehle, S. Dopp, other members of the public 1. Presentation of proposed School budget for FY 2018-2019: Supt. Young reviewed the components of the School budget as follows: a. Proposed expenditures – an increase of .85% b. Estimated revenues - negligible change c. Yield set by Vermont AOE – a decrease of 3.13% d. Equalized pupils – an increase of 3.97% (the Superintendent explained the difference between equalized and seated students e. Common level of appraisal – negligible change Supt. Young noted that unlike the rest of the state, the number of equalized pupils has increased 5.5% in recent years. He also noted that net spending per equalized pupil will decrease by 2.75% in the coming year, from $15,401 to $14,977. New budget items for FY 19 include: a. 2 contingent teachers ($160,000) b. Board Certified Behavioral Analyst ($60,000) c. Pavement repair at High School and Middle School ($50,000) d. Other Personnel and Facilities expenses ($122,500) PRE-TOWN MEETING 5 MARCH 2018 PAGE 2 Supt. Young explained that the district will be going for a $950,000, 20-year bond to address such needs as restrooms, storage and a team room at Munson Field, Library reconfiguration at the High School, fire alarm upgrades, key/exterior door upgrades. The Superintendent also explained that a bond is the best way to spread out the cost over a long period of time and to achieve “intergenerational equity.” Notable budget items include the following: a. A decrease of $561,405 due to the new health plan b. A decrease of $20,000 in electrical expenses due to the solar array at the landfill c. Funding for security ($258,000) d. Library repurposing ($150,000) e. There will be no new money going into the capital reserve fund. The balance will remain at $300,000. In the future, the hope is to build on this amount. The estimate is for 190 tuition students (this number could be more), 175 at the High School and 15 at the Middle School. Supt. Young said the proposed budget will result in a yearly increase of $71.00 for the average condo and $104 for the average single-family home. Anyone below the $147,000 income level will be entitled to income sensitivity. The Superintendent added that the hope is that any changes made by the Legislature will result in lowering the proposed tax rate increase. Supt. Young then reviewed some student outcomes including: a. The top-ranked Vermont school (by U.S. News and World Report) b. Ranked #1 Best Public High School in Vermont (by Niche.com) c. About 79% of High School graduates continue their education d. There is 80% co-curricular participation e. The graduation rate for 2015-16 was 93.36%. f. Standardized test scores are among the highest in the state. A member of the public asked what taxpayers are now paying on bonds. Mr. Aubin said there are 2 very small bonds. PRE-TOWN MEETING 5 MARCH 2018 PAGE 3 A resident asked about future use of bonds. Supt. Young reminded the public that they are running 60-year old buildings, and have trouble keeping up with the needs. Some buildings have 50-year old windows. He added that the hope is to get to a point where the State would help maintain buildings. 2. Presentation of Proposed City budget for FY2018-2019: Ms. Riehle reviewed the budgeting process noting that the Council had asked for a 3% increase cap. The budget presented to the Council was at 3.44%. The Council then heard from departments as to the restraints the 3.44% budget would impose on them. The Council then identified several critical items to add including additional funds for paving, striping of bike lanes, winter fire coats, and some reserves. This increased the percentage to 3.84%. Ms. Riehle also noted that the Grand List grew only ¾ of a percent in the past year, and that increase was “gobbled up” by a 12% increase in health insurance, a pension increase, and the potential from 3 union negotiations this year. Mr. Hubbard then reviewed the budget as follows: Total General Fund Expenditures ……………….. $23,686,098 General Fund Revenues ……………………………… 8,413,924 General Fund Tax Levy ……………………………….. 15,272,174 Proposed Tax Rate Increase ……………………….. 3.84% The total Grand List value is $29,736,718. Major considerations for this budget included: City Council guidance Maintaining the current level of services Meeting contractual obligations Supporting the Capital Improvement Plan Supporting annual assessments and “other entities” (e.g., County Court) Key components of the budget increase include: Grand List growth of ¾% PRE-TOWN MEETING 5 MARCH 2018 PAGE 4 Significant requests/projects in the CIP Pension contribution increase ($290,000) Health insurance increase of 12% ($218,000) Projected agreements with 3 bargaining units Reduction in revenue items Projects that were not funded included: Some projects in the CIP Stabilization fund (should be at $1,700,000 but is now at $1,300,000) Full recommended funding for the stewardship plan No new staff positions One Police cruiser and fit-up In addition, Public Works fleet replacement was reduced by $105,000, Social Services was cut by $25,000, the designated reserve fund was reduced by $100,000, the City Center reserve fund was reduced by $110,000, and the projections for fire inspection revenues were reduced. The proposed budget will result in an increase for the average condo of $43.96 for the year and for the average single-family home an increase of $63.86. In addition, the total increase for water, sewer and stormwater will be $16.77 for the year. Mr. Dorn then asked the Public Works Director to explain one of the ballot items. Mr. Rabidoux noted that the city has been paying the City of Burlington for sewer service for about 100 South Burlington homes. Burlington’s sewer rate recently increased substantially, and the cost this year would have been $240,000. The proposed bond will allow the city to reroute the sewage from those 100 homes to the Bartlett Bay Treatment Plant. The cost will be shared by all sewer rate payers at approximately $60,000 a year less than currently being paid to the City of Burlington. Mr. Dorn then asked the Police and Fire Chiefs to explain the second ballot item. Chief Whipple explained that Article 4 will allow the City Council to consider joining a Union Municipal district for emergency dispatch. Currently, South Burlington has just one dispatcher on duty at a time. With consolidation, there could be multiple dispatchers in a room to handle multiple calls and to better serve in case of a catastrophic situation. There will also be the potential for personal advancement for the dispatchers which they currently do not have. PRE-TOWN MEETING 5 MARCHE 2018 PAGE 5 Chief Brent added that time is the critical factor. He noted that the same technology is being used by E-911 today as was used in 1993. A unified district 911 center could reduce response time by 71 seconds, about 25% off the current response time. Mr. Dorn said there will also be new technology that will be able to view all available equipment to send the closest available equipment. A resident asked if this is supported by officers. Mr. Dorn said 18 Chiefs in Chittenden County have endorsed the regional dispatch center. A resident noted the recent test in Burlington of what 110 decibels (from F-35s) would sound like. Those providing the test were arrested for violating the city’s noise ordinance. Ms. Riehle said the City is making an effort to work with the FAA regarding the components of noise mitigation. Ms. Emery added that the FAA has agreed to produce a new noise exposure map relative to the F-35s so the city will have accurate data. She also noted the South Burlington’s noise ordinance does not cover aircraft or airport related noise. A resident thanked Police and Fire Chiefs for their work. He also noted that South Burlington is ranked #2 in a ranking of “safe communities” in the country. He didn’t see a gain from collaborating with 7 other cities on dispatch. As there was no further public comment and no further business to come before the Council and School Board, the meeting was adjourned at 8:23 p.m. _________________________________ CITY COUNCIL 7 MARCH 2018 The South Burlington City Council held a regular meeting on Monday, 7 March 2018, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: H. Riehle, Chair; P. Nowak (via phone), M. Emery, T. Barritt, T. Chittenden Also Present: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; D. Kinville, City Clerk; P. Taylor, J. Dinklage, Burlington Deputy Police Chief S. Burke 1. Election of City Council Officers: Mr. Dorn presided over the election of a City Council Chair. He opened the floor for nominations. Ms. Nowak nominated Ms. Riehle. Ms. Emery seconded. There were no further nominations, and Ms. Riehle was elected unanimously. Ms. Riehle presided over the remainder of the meeting. She thanked the Council for their support and said she will try her hardest to be fair, to be sure different opinions are heard, to work toward compromise, and to keep things civil. She felt incorporating public dialog into meetings has been helpful. She emphasized good process, making good decisions, and doing the best for the city. Ms. Riehle then asked for nominations for Vice Chair. Mr. Chittenden nominated Mr. Barritt. Ms. Nowak seconded. Mr. Barritt declined the nomination. Mr. Barritt then nominated Ms. Emery. Ms. Riehle seconded. Ms. Nowak nominated Mr. Chittenden who declined the nomination. In the vote that followed, Ms. Emery was elected by a vote of 4-1. Mr. Chittenden then nominated Mr. Barritt for Clerk. Ms. Emery seconded. There were no further nominations, and Mr. Barritt was elected unanimously. 2. Set dates and time for regular meetings: Members agreed to continue meeting on the first and third Mondays of the month at 6:30 p.m., except when holidays occur on those Mondays in which case the meeting will be the next day. 3. Annual Appointments (motion to specify length of appointment) to be made by majority vote of City Council pursuant to City Charter, Chapter 13, Section 301(2): Ms. Riehle read the list of one-year appointments as follows: CITY COUNCIL 7 MARCH 2018 PAGE 2 City Treasurer …………………………………… Tom Hubbard City Attorney ……………………………………. Andrew Bolduc Zoning Administrator ……………………….. Ray Belair Asst. Zoning Administrator ………………. Cathyann LaRose Asst. Zoning Administrator ………………. Marla Keene First Constable …………………………………. Deputy Chief Paul Edwards Second Constable …………………………….. Corporal Kevin Grealis Grand Juror ………………………………………. Kevin Dorn City Agent & Trustee of Public Funds… Kevin Dorn Code Enforcement Officer ……………….. Ray Belair Asst. Code Enforcement Officer ……….. Cathyann LaRose Asst. Code Enforcement Officer ……….. Marla Keene Telecommunications Officer ……………. Ray Belair Asst. Telecommunications Officer ……. Marla Keene Emergency Management Director …… Doug Brent Health Officer ………………………………….. Justin Rabidoux Ms. Emery moved to approve the one-year appointments as presented. Mr. Barritt seconded. Motion passed unanimously. 4. Designate Official Paper of Record: Ms. Emery moved to designate The Other Paper as the Official Paper of Record. Mr. Chittenden seconded. Motion passed unanimously. 5. Designate Official Depositories: Ms. Emery moved to designate the Community Bank as Official Depository. Mr. Barritt seconded. Motion passed unanimously. 6. Appoint Council Representative to the Pension Advisory Committee: Ms. Emery moved to appoint Ms. Nowak as Council Representative to the Pension Advisory Committee. Mr. Barritt seconded. Motion passed unanimously. Mr. Dorn then introduced Burlington Deputy Police Chief Shawn Burke as the future South Burlington Police Chief and invited Deputy Chief Burke to address the Council. CITY COUNCIL 7 MARCH 2018 PAGE 3 Deputy Chief Burke said he has served the Burlington Police Department for 21 years, holding every role a Police officer can have. He has done extensive work on drug issues and has the added perspective from a wife who is a nurse. In transitioning from drug enforcement to the “general crimes,” unit, he was the lead on a number of high-profile cases and understands the impact of crimes. In 2008, he was promoted to uniform Sargent where he worked on a number of high liability, high risk cases. He then went back to the drug unit and often worked with South Burlington officers from 2010-2012. He was promoted to Lieutenant in 2012 where he had to lead officers in the field. In 2014, he began to chart a course for his future, returning to college to finish a Bachelor’s Degree and attending the FBI National Academy. He returned to Burlington in 2015 and was chosen to serve in the Detective Bureau in 2016 as Deputy Chief of Operations where he has served ever since. His work has included serving as public information officer and working on strategic design for the Burlington Police Department. Deputy Chief Burke said he has a strong desire to serve and to police, and he does not want to leave Chittenden County. He noted that the structure of the South Burlington Police Department is similar to Burlington’s and that South Burlington is a city that cares about its Police Force and the quality of life of its residents. This suits his personality and what he has been trained for. Ms. Emery asked what he would envision for the South Burlington Police Force. Deputy Chief Burke cited the number of vacancies in the Department and also the need to use crime data to focus on underlying problems Ms. Emery asked about gun laws and situations where police could intervene and remove weapons. Deputy Chief Burke said this is a complex issue. The Legislature can empower Police to seize weapons, but there is a need for adequate storage. There is also the issue of being able to adequately search and get all weapons which can lead to liability issues if officers don’t have the ability to do a full search. He added that there needs to be a discussion of bail issues, particularly in domestic abuse cases. Ms. Nowak asked if there are advantages and/or disadvantages of coming to a so closely related community. Deputy Chief Burke said the officers of both communities attended the same academy and operate under the same laws. Systems are county-based. One disadvantage is scaling down to about half of what exists in Burlington CITY COUNCIL 7 MARCH 2018 PAGE 4 Mr. Chittenden asked if Deputy Chief Burke had any thoughts on part-time police officers to control budgets. Deputy chief Burke said the do use some part-time officers in Burlington, but they are all former Burlington police officers. Any part-time officer should be fully certified. Mr. Riehle asked what drew Deputy Chief Burke to police work. He replied that his father was a New York State police officer, and that influence was always there. He attended Vermont Technical Collage to study agricultural industry but had a strong desire to serve communities. His first job was in the Town of Woodstock which put him through the Police Academy when he agreed to stay there for 2 years. He knew then that it was his chosen career. He then applied and was hired by Burlington. Ms. Emery asked about an approach to ethnic disparity. Deputy Chief Burke spoke of the traffic stop study which began to shine a light on policing. What got his attention were the outcomes; the search rate was higher and less efficient. He noted that Dr. Brian March has trained officers across the state on “implicit bias.” He also noted that he himself has served on several boards regarding this issue. He said awareness is the key, and that it is the same in housing, schools, etc. Ms. Emery asked about the use of force, noting that the use of tasers is controversial. She asked what kind of procedure/methodology Deputy Chief Burke would put forth. He replied that “policy is great,” but training is where you see the difference. He stressed that you cannot act out of fear and that you should not induce a problem by being there. He cited the need to balance the response to people in crisis, isolating and containing the person without harm to others. He felt that using these guidelines they are now seeing better outcomes. He stressed that an officer who wants to use force is no longer working in his department. Deputy Chief Burke noted that Mr. Dorn had spoken about an “overlap period” where both long and short-term plans could be formulated. 7. Approve and sign disbursements: Ms. Emery moved to approve and sign disbursements as presented. Mr. Chittenden seconded. Motion passed unanimously. 8. Consider and possibly approve issuing a Request for Proposals for the Appointment of City Auditor: CITY COUNCIL 7 MARCH 2018 PAGE 5 Ms. Riehle noted that she asked Mr. Dorn to put together different kinds of agreements that the city has with different entities and the timeframes for each. Mr. Dorn suggested putting this into the work plan so the Council is reminded in a timely way. Mr. Chittenden said the current Auditor has been doing a great job. He also cited an article by a person who is an expert in the auditor process and best practices and felt it would be a “healthy process” to go through an RFP to look for a “new set of eyes.” Mr. Hubbard cited the need to be sure any candidate can do both the city and school district and the TIF audit. He would want to get a good pool (last time, they sent out 11 RFPs and got back only two responses). The consensus of the Council was to move forward with an RFP. 9. Other Business: No other business was presented. 10. Discussion of future hiring practice guidelines for certain senior department managers: Ms. Emery said that when asked about the police chief selection process by the public, she didn't know what the process would be for hiring the police chief. In some cities, it is an elaborate process, and in some a less elaborate process. She felt it was important for there to be some public outreach in the case of Police and Fire Chiefs to get a sense of “the public culture” so that there could be a process that includes members of the community in addition to the manager. She felt that the current Police Chief did an excellent job last spring as “our moral leader,” giving the community a sense of security. She felt it would be worthwhile to have a process for finalists to meet with a body of citizens including City Councilors, school people, business owners, those who work with domestic violence, etc. Mr. Barritt said police departments have come under a lot of scrutiny in recent years particularly with opioid and race issues. He felt police are getting the message that their job is public safety and dealing with people who need to be contained. Mr. Barritt also noted that sometimes he favors people who have come up through the system and noted that sometimes communities go through “gyrations” to bring in people from the outside, often at great cost. CITY COUNCIL 7 MARCH 2018 PAGE 6 Mr. Dinklage spoke in favor of a strong City Manager form of government and felt that South Burlington’s system works very well while a neighboring community “gets all tied up.” He strongly supported the current system and did not see the need for change. He felt that hearing from Deputy Police Chief Burke tonight was good. Mr. Chittenden agreed with Mr. Dinklage and was fine with the selection of Sean Burke. He added that he had spoken with Chuck Hafter who had confirmed that there had been a committee when Chief Whipple was hired. He also felt the city should follow the dictates of the City Charter. Ms. Riehle felt there is an opportunity for a dialog with the community to hear how people might feel. She did not favor the panel idea. Ms. Nowak said the City Manager has the authority to hire the city’s Police Chief. She did not think there was a need for a broad-based candidate search. Mr. Dorn said that in the 5 years he has been City Manager, he has worked hard to keep the Council informed of what he is doing. Every hire is different. Every job situation is different. There can’t be a “cookie-cutter approach.” He reminded the Council that he came to them in December and told them that Chief Whipple was going to retire. At that time, he said that rather than take resumes, he wanted to go out and find the best people. There was no opposition from the Council. Using this process, Mr. Dorn said he spoke with three people at the pinnacle of their careers and selected Deputy Chief Burke as the best. He added that candidates may not want it to be known that they were rejected by South Burlington. Mr. Chittenden said he reached out to 6 community leaders, all of whom said Mr. Dorn used the right process. He added that he had complete confidence in Mr. Dorn. Ms. Emery said she found Deputy Chief Burke to meet all the reasons for hiring. She added that she hadn’t understood that there would not be a public process similar to what was used when Mr. Hafter hired the current Police Chief. Ms. Riehle noted that having candidates state publicly that they are being interviewed for a new job could destroy their existing careers. People may not want that to be known. Mr. Dorn said the important thing is that the person who is hired should succeed. That is what everyone wants. CITY COUNCIL 7 MARCH 2018 PAGE 7 Mr. Chittenden suggested this issue might be discussed with the City Charter Committee. Mr. Taylor commented that it was disappointing that Channel 17 was not at this meeting to hear from the new Chief. Ms. Riehle said he will be introduced at an upcoming Council meeting. As there was no further business to come before the Council, Mr. Barritt moved to adjourn. Ms. Emery seconded. Motion passed unanimously. The meeting was adjourned at 8:35 p.m. ________________________________ Clerk Page 1 of 2 MEMORANDUM TO: South Burlington City Council FROM: Andrew Bolduc, Esq., South Burlington City Attorney DATE: 3/19/18 RE: Leased “Glebe” Lands at A1 Stonehedge Background As you may recall, back in June, 2017, the City received its first request in a number of years from an attorney representing the seller of 61 Proctor Ave to quitclaim City “leased” or “glebe” land.1 As mentioned at that time, buyer’s title insurance companies statewide have increasingly required sellers to obtain a quitclaim deed from municipalities releasing this interest prior to transfer.2 The City has received another request from an attorney representing the sellers of a residential parcel at A1 Stonehedge. As mentioned during the previous request, these lands may have some value to the City so the council must weigh retaining the City’s potential residual rights in these lands against the possible difficulties to homeowners trying to sell their property who have been paying full property taxes for many years. Conclusion If the Council desires to proceed with the course previously taken at 61 Proctor Ave, approve the consent item as is and authorize the Council Chair to execute the attached quitclaim deed that has undergone a legal review. As this was the second such request recently, total staff time was less than an hour and because the City holds these lands in a fiduciary capacity, and the parties have otherwise agreed, the City will not incur the expense of the warning and notice requirements of 24 V.S.A. § 1061. 1 A detailed analysis of this land interest was in Council packets for the July 5, 2017 meeting. 2 The City is currently working to put together an inventory of these lands within its borders as there has been some proposed legislation this year to either eliminate this interest altogether or give municipalities the choice to keep them, if desired, by January 1, 2020. QUIT CLAIM DEED KNOW ALL PERSONS BY THESE PRESENTS that the, City of South Burlington, a Vermont municipality with principal place of business in the City of South Burlington, in the County of Chittenden, and State of Vermont, Grantor, in consideration of ten or more dollars and other good and valuable consideration paid to its full satisfaction by Kelsey Jane Lea and Nicholas B. Mead, Grantees, have REMISED, RELEASED, and FOREVER QUITCLAIMED unto the said Grantees, Kelsey Jane Lea and Nicholas B. Mead, and their heirs and assigns, all right and title which it or its successors and assigns have in, and to a certain parcel of land in the City of South Burlington, County of Chittenden and State of Vermont, described as follows, viz.: Being the fee interest held by the Grantor, together with the retained rights or residual rights as lessor, including any right of reversion or right of repossession pursuant to the terms of such lease relative to property owned by the Grantees, Kelsey Jane Lea and Nicholas B. Mead, located at A1 Stonehedge Drive, South Burlington, Vermont, and being further described as follows: Being all and the same lands and premises conveyed to Kelsey Jane Lea and Nicholas B. Mead by Rebecca M. Marsh dated December 18, 2015 and recorded in Book 1301, Page 286 of the City of South Burlington Land Records, and being more particularly described therein as follows: “Being Apartment No. 1 in Cluster A of the Stonehedge Condominium (the "Apartment") as numbered and further described and depicted in the Declaration and the plans filed therewith, together with an undivided interest in the Common Area and Facilities and Limited Common Areas and Facilities as set forth in the Declaration. The property of the Stonehedge Condominium (Cluster A) consists of a certain parcel of land together with all buildings and improvements now or hereafter located thereon, and all easements, rights and appurtenances now or hereafter belonging thereto in the City of South Burlington in the County of Chittenden and State of Vermont, more particularly described as follows, viz: A piece or parcel of land with all buildings, structures and improvements thereon, located on Stonehedge Drive, so-called, and being all of Cluster A as shown and set forth on a plan of land entitled "Stonehedge Condominiums, Cluster A", dated October, 1980, recorded in Volume 153, Page 107 of the Land Records of the City of South Burlington. Being a portion of the lands and premises conveyed to Glenwood Corp, pursuant to a deed, dated August 17, 1978, of Burlington Savings Bank, recorded in Volume 142, Page 454 of the Land Records of the City of South Burlington. Said lands and premises are subject to an Agreement and Declaration of Covenants, Easements, Charges and Liens, dated September 24, 1979 recorded in Volume 154 Page 313 of the Land Records of the City of South Burlington, and may be subject to existing easements in favor of Green Mountain Power Corporation, dated September 24, 1973, and October 13, 1978, respectively, of the Land Records of the City of South Burlington; and may be subject to an easement in favor of Vermont Gas Systems Inc. dated October 18, 1978 recorded in Volume 143, Page 362 of the Land Records of the City of South Burlington. The Grantor, for so long as it owns any Apartment in the Condominium, reserves the right, from time to time, to install and construct, and to maintain, repair and replace, water, sewer, telephone and electric lines and services in the area designated as Common Areas and Facilities as defined in the Declaration for the benefit of the Condominium and other lands, including lands of the Grantor. This conveyance is made subject to the provisions of the Vermont Condominium Ownership Act (Title 27, Vermont Statutes Annotated Chapter 15 section 1301-1329, as amended). The Apartment may be used for residential purposes and is subject to restrictions, rules and regulations set forth in the Declaration or incorporated therein by reference, in the Bylaws of the Stonehedge Condominium Association (Cluster A), annexed thereto and to any administrative rules and regulations adopted there under. all as each may from time to time by [sic] duly changed or amended and at! of which are incorporated herein by reference to the same extent as if they were set forth at length. Also included herein is an easement for ingress and egress over and through Stonehedge Drive and Cedar Glen Road as set forth in the Plat of Lands recorded in Map Volume 153, Page 3 of the Land Records of the City of South Burlington until such time as said roads are accepted as public streets by the City of South Burlington. The PERCENTAGE OF UNDIVIDED INTEREST in the Common Areas and Facilities and in the Limited Common Areas and Facilities hereby conveyed which shall be appurtenant to the Apartment and the Grantee for all purposes is 12.18 percent.” Reference is hereby made to the above instruments and to their records, and to all deeds and records therein referred with all the privileges and appurtenances thereto, in further aid of this description. To have and to hold all right and title in and to said quitclaimed premises, with all the privileges and appurtenances thereof, to the said Grantees, Kelsey Jane Lea and Nicholas B. Mead, and their heirs and assigns forever. The purpose of this Quitclaim Deed is to convey, release and eliminate any and all rights, title and interest of the City of South Burlington to the herein described premises pursuant to any perpetual lease, or so-called "glebe interests" affecting said property. And furthermore, in making this conveyance, Grantor, City of South Burlington, is acting under its authority as set forth in 24 V.S.A. Section 2406. In witness whereof, the City of South Burlington hereunto causes its hand and seal this ______ day of March, 2018. CITY OF SOUTH BURLINGTON ______________________________ By: ___________________________ STATE OF VERMONT COUNTY OF CHITTENDEN, ss At South Burlington, this ________ day of March, 2018, personally appeared ______________________ duly authorized agent of the City of South Burlington, and acknowledged this instrument, by him/her sealed and subscribed, to be his/her free act and deed, and the free act and deed of the City of South Burlington. Before me: _____________________________ Notary Public Commission expires: February 10, 2019 MEMORANDUM To: Municipal Separate Storm Sewer System (MS4) permittees From: Charlie Baker, CCRPC Executive Director Date: February 21, 2017 Re: Proposed minor amendment to Regional Stormwater Agreement In 2016, the Legislature approved, and the Governor signed H.249, an act relating to intermunicipal services. This law (24 V.S.A. § 4345b) allows for municipalities to contract with their regional planning commission for the provision of services after the RPC amends its bylaws to authorize it to enter into intermunicipal service agreements and the agreement is approved by each municipal legislative body that wants to participate in the service. In the spring of 2017, the twelve MS4 permittees in Chittenden County formally adopted an agreement that merged the Regional Stormwater Education Program (RSEP) and the Chittenden County Stream Team (CCST), two regional efforts for which CCRPC has acted as the Lead Agency. Participation in this agreement helps your municipality to meet Minimum Measure #1 (Public Education & Outreach) and Minimum Measure #2 (Public Participation & Involvement) of your MS4 permit. The agreement became effective July 1, 2017 and the combined effort has been implementing the “Rethink Runoff” campaign with dues paid by the MS4 permittees to the CCRPC which then subcontracts out the needed marketing and public engagement activities to qualified entities. Recently, we noticed however that the executed agreement is in conflict with 24 V.S.A. § 4345b(f)(2) because it precludes the CCRPC from charging for indirect costs. That section of statute specifically notes: “A commission shall not use municipal funds or grants provided for regional planning services under this chapter to cover the costs of providing services under any service agreement under this section.” Because the original agreement precluded the charging of indirect costs, CCRPC has been subsidizing this intermunicipal service agreement with other funds. Attached is an edited version of the Regional Stormwater Agreement proposing a minor change to be clear that CCRPC will not be subsidizing this work consistent with state statute. After municipal review, we would like to have this amended agreement executed by all parties prior to July 1, 2018. Please contact me or Dan Albrecht with any questions or concerns. Thank you. 110 West Canal Street, Suite 202 Winooski, VT 05404-2109 802-846-4490 www.ccrpcvt.org CHITTENDEN COUNTY MS4 STORMWATER PROGRAM AGREEMENT EFFECTIVE July 1, 2017 Proposed amendment effective July 1, 2018, see Section 6.c. Invoices Preamble This Stormwater Program Agreement (“Agreement”) is entered into by and between a group of Municipal Separate Storm Sewer System (“MS4”) permittees (“MS4 Permittees”) and the Chittenden County Regional Planning Commission (“CCRPC”) to operate an MS4 Stormwater Program (“Program”) that conforms with and satisfies the relevant requirements of both Minimum Control Measure One (Public Outreach and Education) and Minimum Control Measure Two (Public Involvement and Participation) of the Phase II NPDES Permit issued by the Vermont Department of Environmental Conservation (“DEC”) on December 2012 through General Permit 3-9014 (“MS4 Permit”), as these requirements may be continued, renewed, amended, or otherwise modified during the term of this Agreement. 1. Prior Agreements – Effective July 1, 2017, this Agreement a. supersedes an MOU signed by the CCRPC and twelve MS4 permittees, effective March 10, 2013 through March 9, 2018, governing the operation of a Regional Stormwater Education Program to satisfy the relevant requirements of Minimum Control Measure One (Public Outreach and Education), and b. supersedes an MOU signed by the CCRPC and eleven MS4 permittees, effective July 1, 2011 through June 30, 2016, and an amendment to this MOU extending its effective date through June 30, 2017, governing the operation of a Regional Stormwater Public Involvement and Participation Program to satisfy the relevant requirements of Minimum Control Measure Two (Public Involvement and Participation). 2. Service Agreement – This Agreement constitutes a service agreement pursuant to 24 V.S.A. § 4345b (Intermunicipal Service Agreements). 3. Definitions—For purposes of this Agreement, the term “MS4 Permittees” includes the Vermont Agency of Transportation, which on December 28, 2016 became eligible for coverage under General Permit 3-9007 for Stormwater Discharges from the State Transportation Separate Storm Sewer System (TS4). 4. Parties – The following are the parties to this Agreement: a. MS4 Permittees – the undersigned MS4 Permittees, and b. CCRPC – the undersigned regional planning commission. 5. MS4 Steering Committee a. Composition – The Members of the Steering Committee shall consist of one representative from each of the signatory MS4 Permittees to this Agreement. Another MS4 permittee may request Chittenden County MS4 Stormwater Program Agreement, draft FY19 amendment Page 2 of 8 to join this Agreement if approved by a two-thirds vote of the Members. The Members shall be appointed either by the governing bodies of their municipalities at publicly warned meetings or, if a Member representing an MS4 Permittee is non-municipal agency, via a process consistent with that agency’s policies. At its first meeting, the Steering Committee shall elect a Chair by a majority vote. The Chair shall serve until such time as the Chair resigns or the Steering Committee elects a new Chair. b. Duties – The Steering Committee shall direct the CCRPC on the development and performance of Program Services in particular and on all other matters bearing on the administration of this Agreement. All actions of the Steering Committee shall be by majority vote unless otherwise specified in this Agreement. c. Organization of Meetings – The Steering Committee shall meet on a quarterly basis at a minimum. The CCRPC shall provide Steering Committee Members with reasonable notice of meetings. Notice shall include a meeting agenda and draft meeting minutes. In addition, the CCRPC shall post notice of Steering Committee meetings on its website and on the Program website. 6. CCRPC a. Duties – The CCRPC shall: 1) Administer this Agreement and agreements with contractors (including executing contracts approved by the Steering Committee, receiving and disbursing funds, and monitoring the provision of services) for the benefit of the MS4 Permittees. 2) Provide other services contributing to the operation of the Program (including, but not limited to, social media management, public relations, grant writing, creating and managing a Program website, organizing meetings as set forth in Section 4.c, above, etc.) as directed by the Steering Committee; and at a level consistent with each year’s Program Budget as described in Section 8.b, below. 3) Provide a quarterly budget report to the Steering Committee detailing expenses the CCRPC incurred and the payments it has received. 4) Pay contractors and vendors for charges consistent with the relevant contract, using funds from the Program Budget, as defined in Section 8, below. 5) Upon approval of the Steering Committee or its designee, reimburse itself for personnel and other expenses for charges consistent with its duties, using funds from the Program Budget. 6) Consult with the Steering Committee prior to authorizing any contractor activities or charges outside the scope of work of a contract. 7) Notify the Steering Committee when 75% of the annual budget (as defined in Section 8, below) for an individual category of expenses (e.g., contractors, CCRPC fees, advertising, etc.) is reached. When these levels are reached, subsequent expenditures by the CCRPC in that category shall be reviewed and approved by the Steering Committee Chair in advance. Chittenden County MS4 Stormwater Program Agreement, draft FY19 amendment Page 3 of 8 8) At the request of the Steering Committee, assign any or all contracts that the CCRPC has entered into pursuant to this Agreement to the MS4 Permittees who are signatories to this Agreement at the time or to another contractor of the Steering Committee’s choosing. 9) Comply with all applicable federal, state, and local laws, including Burlington’s Livable Wage Ordinance as applicable. b. Compensation – Through the Program Budget, the MS4 Permittees shall compensate the CCRPC for the actual costs of performing its duties defined in Section 5.a, above; provided, however, that the CCRPC shall not be entitled to compensation that would exceed ten percent (10%) of the Program Budget as specified in Section 8.b, below, without the prior approval of a majority of the Steering Committee. c. Invoices – The CCRPC shall invoice the Program to cover personnel charges, mileage reimbursement, and other direct expenses necessary to perform its duties. Personnel charges for CCRPC staff shall be calculated at a rate of salary plus fringe plus CCRPC’s applicable indirect rate as required by 24 V.S.A. § 4345b. The CCRPC shall not charge the Program an Indirect Rate. As set forth in Section 5.b, above, upon approval of the Steering Committee or its designee, the CCRPC may reimburse itself for charges consistent with its duties, using funds from the Program Budget. 7. Selection of Contractors a. The CCRPC, in consultation with the Steering Committee, shall competitively bid for contract(s) for Program services that collectively satisfy the requirements for Minimum Control Measure One (Public Outreach and Education) and Minimum Control Measure Two (Public Involvement and Participation) of the Phase II NPDES Permit then in effect. The parties to the contracts shall be the contractors and the CCRPC. All contracts shall require the contractor to indemnify and hold harmless the MS4 Permittees from any claims related to the contract and to procure and maintain liability insurance for all services performed under the contract. b. All contracts shall be awarded based on qualifications, price, and the ability of the entity to provide services that meet the relevant MS4 Permit requirements. The selection of contractors shall comply with the procurement policy of the CCRPC and with applicable state and federal procurement laws and procedures. c. Contracts shall generally be 1 to 5 years in length and shall include, but not be limited to, a Maximum Limiting Amount and the right of the CCRPC to 1) cancel a contract if services are not being adequately provided, 2) specify that payments to contractors shall be made only for services rendered, 3) specify the annual scope of work and budget as approved by the Steering Committee, 4) allow a contract extension if desired, and 5) assign the contract to the MS4 Permittees that are signatories to this Agreement at the time of the assignment or to a contractor of the Steering Committee’s choosing. d. Contracting for services under this Agreement shall comply with the Fair Employment Act and Americans with Disabilities Act: the CCRPC shall comply with the requirement of Title 21 V.S.A Chapter 5, Subchapter 6, relating to fair employment practices, to the full extent applicable. The Chittenden County MS4 Stormwater Program Agreement, draft FY19 amendment Page 4 of 8 CCRPC shall also ensure, to the full extent required by the Americans with Disabilities Act of 1990, that qualified individuals with disabilities receive equitable access to the services, programs, and activities provided by the Steering Committee under this Agreement. This provision shall also be included in all contracts and subcontracts executed under this Agreement. e. The CCRPC and the Steering Committee recognize the important contribution and vital impact which small businesses have on the State’s economy. In this regard, the CCRPC shall ensure a free and open bidding process that affords all businesses equal access and opportunity to compete, except under circumstances where competitive bidding may not be practicable and is not required by applicable procurement policies. The CCRPC and the Steering Committee also recognize the existence of businesses owned by minorities and women, and the CCRPC shall make a good faith effort to encourage these firms to compete for contracts involving state or federal funds and comply with applicable law relating to civil rights and disadvantaged business enterprises. 8. Program Services – The Steering Committee, assisted by the CCRPC and its contractors, shall implement a unified Program that satisfies the relevant requirements of Minimum Control Measure One (Public Education and Outreach) and Minimum Control Measure Two (Public Involvement and Participation) of the MS4 Permit. The Program Content for each Program Year shall be as defined in writing by a majority of the Steering Committee. The Program Year shall be the State of Vermont’s fiscal year. The Program Content shall implement the following deliverables: a. Public Education and Outreach – Elements shall include, at a minimum: 1) operating the Program’s website, www.smartwaterways.org, or its equivalent; and 2) advertising in various media. b. Public Involvement and Participation – Elements shall include, at a minimum: 1) operating the Program’s website, www.ccstreamteam.org, or its equivalent; 2) hosting and/or organizing workshops, projects, and other events to engage the public; and 3) recruiting volunteers to support projects, promote events, and/or engage the public. c. End of MS4 permit year annual reporting – Elements shall include preparation of a narrative report 25 business days prior to the MS4 Permittees’ reporting deadline to DEC. Chittenden County MS4 Stormwater Program Agreement, draft FY19 amendment Page 5 of 8 9. Program Dues, Budget, Costs, and Payments a. Dues 1) For State Fiscal Year, FY18, July 2017-June 2018, the annual dues for each of the undersigned MS4 Permittees shall be $5,500. 2) For the following fiscal years, the annual dues shall be set by a two-thirds majority by October 15th of the preceding calendar year. In the absence of agreement, the dues shall remain at $5,500. 3) The CCRPC shall invoice each MS4 Permittee on or about July 1st of each year with payment to the CCRPC due 30 days later. 4) All Members shall pay equal dues. b. Program Budget 1) The annual Program Budget shall consist of the sum of the annual payments for each Program Year made by MS4 Permittees, plus any funds from other sources made available to the Program by majority vote of the Steering Committee. 2) Prior to the start of each Program Year, the Steering Committee shall adopt a Program Budget governing expenditures for the subsequent Program Year. Budget categories shall include, but not be limited to: CCRPC Duties, Contractual Services, and Expenses. 3) Once the Program Year starts, a majority of the Steering Committee may amend the Program Budget as needed, for example to reflect any surplus or deficits from the prior Program Year, receipt of new sources of funds, or a desired change in the Program Budget, subject to Section 8.a, above. 4) In the event that costs are less than anticipated or that grants or other funding sources become available, a majority of the voting Members of the Steering Committee may decide to reduce each Member’s payment by an equal amount or to credit all or part of the following Program Year assessment to each MS4 Permittee. c. Maximum Annual Costs and Payments – Except as otherwise provided by this section, each MS4 Permittee shall within 30 days of receipt of an invoice make a single annual dues payment, as provided by Section 8.a, above. d. Other Funds – Any funds made available to the Program shall be dedicated to reducing the annual costs of each MS4 Permittee participating in the Program, except as a majority of the voting Members of the Steering Committee may decide. e. Excess Funds – Any funds remaining at the end of a Program Year shall be carried over to the next Program Year, unless a majority of the voting Members of the Steering Committee decides otherwise. Chittenden County MS4 Stormwater Program Agreement, draft FY19 amendment Page 6 of 8 f. Non-appropriation – The obligations of each MS4 Permittee to make payments under this Agreement shall constitute a current expense of the MS4 Permittee and shall not in any way be construed to be a debt of the MS4 Permittee in contravention of any applicable constitutional or statutory limitation or requirement, or the MS4 Permittee’s charter or articles of incorporation; nor shall anything contained in this Agreement constitute a pledge of the credit or tax revenues, funds, or monies of the MS4 Permittee. The decision whether or not to budget and appropriate funds during each fiscal year of the MS4 Permittee is within the discretion of the governing body of the MS4 Permittee. The obligations of a MS4 Permittee under the Agreement are subject to annual appropriations by the governing body of the MS4 Permittee, except as provided by Section 12 of this Agreement. An MS4 Permittee cannot choose to not appropriate funds and then withdraw in a manner that shifts prior contractual obligations on to the others. Non- appropriation will be considered withdrawal and must be prospective in fairness to all signatories as per Section 13. 10. Contract Approval – All CCRPC contracts shall be conditioned upon approval by a majority of the voting Members of the Steering Committee and shall be consistent with Section 6, above. 11. Termination of CCRPC – The CCRPC on its own or the Steering Committee by a majority vote of its full Membership may elect to terminate the CCRPC’s future participation in this Agreement by providing 90 days’ written notice to the other. In the event of termination under this section, the CCRPC shall continue to administer and comply with each existing contract, and the MS4 Permittees shall continue to reimburse the CCRPC from the Program Budget for the actual costs of administering and complying with each contract, as provided by this Agreement, unless and until the CCRPC assigns the contract pursuant to Sections 5.a.8 and 6.c of this Agreement. 12. Termination of Agreement a. This Agreement shall become null and void with no further obligation of the parties if: 1) Two-thirds of the Members of the Steering Committee vote to end participation, or 2) DEC determines that the Program outlined in this Agreement does not meet the relevant requirements for Minimum Control Measure One (Public Education and Outreach) or Minimum Control Measure Two (Public Involvement and Participation), and the parties to this Agreement are unable to craft a Program to satisfy DEC. b. In the event of termination, any funds remaining in the Program Budget (after payment of obligations to vendors or to satisfy debts) shall be reimbursed to the MS4 Permittees with each MS4 Permittee receiving a share proportional to the number of MS4 Permittees at the time of termination. For example, if there are twelve MS4 Permittees at the time of termination, each MS4 Permittee shall receive a 1/12th share. 13. Withdrawal of Member – An MS4 Permittee may withdrawal from participation in this Agreement only at the end of a state fiscal year. If an MS4 Permittee wishes to withdrawal from participation, it shall provide at least 90 days’ notice to the other MS4 Permittees and the CCRPC. After withdrawal, a MS4 Permittee shall remain responsible for its share of the costs of contracts that the Steering Committee approved prior to the effective date of the withdrawal. Chittenden County MS4 Stormwater Program Agreement, draft FY19 amendment Page 7 of 8 14. Effective Date and Duration of Agreement – The effective date of this Agreement shall be July 1, 2017, and this Agreement shall terminate June 30, 2022. 15. Amendment – This Agreement may be amended only upon unanimous action of all the Members. 16. Counterparts – This Agreement may be executed in multiple counterparts, each of which is deemed an original and all of which constitute one and the same document. Each such counterpart may be a facsimile or PDF copy, and such facsimile or PDF copy shall be deemed an original. 17. Public Records – Any and all records submitted to the CCRPC or MS4 Permittees - including Bids, Proposals, Qualifications, Contracts, etc.-- whether electronic, paper, or otherwise recorded, are subject to the Vermont Public Records Act. Signature of CCRPC ____________________________________________________________ __________ Christopher D. Roy, Board Chair, Chittenden County Regional Planning Commission Date Signatures of Members ___________________________________________________________ __________ Name Title The Burlington International Airport Date ___________________________________________________________ __________ Name Title The City of Burlington Date ___________________________________________________________ __________ Name Title The Town of Colchester Date _________________________________________________ __________ __________ Name Title The Town of Essex Date ____________________________________________________________ __________ Name Title The Village of Essex Junction Date ____________________________________________________________ __________ Name Title The Town of Milton Date Chittenden County MS4 Stormwater Program Agreement, draft FY19 amendment Page 8 of 8 ____________________________________________________________ __________ Name Title The Town of Shelburne Date ____________________________________________________________ __________ Name Title The City of South Burlington Date ____________________________________________________________ __________ Name Title Vermont Agency of Transportation Date ______________________________________________________________ __________ Name Title The University of Vermont Date ______________________________________________________________ __________ Name Title The Town of Williston Date ______________________________________________________________ __________ Name Title The City of Winooski Date 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: Kevin Dorn, City Manager South Burlington City Council FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Public Hearing on draft amendments to the Land Development Regulations and possible adoption of same DATE: March 19, 2018 City Council meeting The City Council last month warned a public hearing on the enclosed draft amendments to the Land Development Regulations. Below is a brief summary of each of the amendments. For a complete analysis, please see the enclosed South Burlington Planning Commission Proposed Land Development Regulations Amendment and Adoption Report, approved February 13, 2018. Also enclosed are the draft amendments as approved by the Planning Commission and warned for public hearing by the Council. The proposed amendments were closely reviewed by the Planning Commission prior to their holding of a public hearing. Further, in the case of the Housing Preservation Standards and the modifications to the Bicycle Parking Standards, respectively, the Affordable Housing Committee and Bicycle & Pedestrian Committee were involved in the development of the regulations and provided their recommendations and/or proposed language to the Commission. At Monday’s Public Hearing, staff and the Planning Commission’s Chair, Jessica Louisos, can provide an overview of the development and language contained within each of the proposed amendments. Summary of Proposed Amendments A. Establish housing preservation standards in certain zoning districts; Applicability: Residential 1, Residential 1-PRD, Residential 1-Lakeshore, Residential 1-Lakeview, Residential 2, Residential 4, Residential 7, Residential 7-Neighborhood Commercial, Residential 12, Lakeshore Neighborhood, Queen City Park, SEQ-Natural Resource Protection, SEQ-Neighborhood Residential, SEQ-Neighborhood Residential North, SEQ-Neighborhood Residential Transition, SEQ-Village Residential, SEQ-Village Commercial, Commercial 1-Residential 12, Commercial 1-Residential 15, Commercial 1-AUTO, Commercial 1-Limited Retail, Allen Road, and Commercial 2 Districts; Brief explanation of the proposed bylaw: The proposed amendment would require the preservation of housing in the City of South Burlington. For each dwelling unit removed in the applicable zoning districts, a replacement dwelling 2 unit or financial contribution to the City’s affordable housing trust fund be made with the goal of preserving workforce and affordable homes in the City. Any replacement dwelling unit built on a parcel that is different from the origin parcel would need to include an affordability component or be sold or rented for equal or lower cost than the building that was removed. B. Modifications to the City Center Form Based Code Applicability: City Center Form Based Code District Brief explanation of the proposed bylaw The proposed amendment would make a series of minor modifications to the City Center Form Based Code. Specifically: • Allow accessory structures of up to 500 s.f. to be located on a site in locations other than along street frontages; • Clarifications to buffer strip requirements between T4 districts and R4 / R7 districts; • Allow for the replacement of pre-existing vinyl siding on a building with new vinyl siding • Apply the list of prohibited exterior materials on buildings to all sides, not only those facing streets, public rights-of-0way, and park spaces; • Clarify allowance for off-site placement of open space in the T4 District; • Allow for pre-approval of open space in a multi-phased project; • Allow for off-site use of landscaping budget where open space is to be located off-site • Clarifications to T3 and T3+ District purpose statement • Allowance for additional building types in the T3 and T3+ districts on small lots • Modify upper-story balcony requirements in the T3 and T3+ Districts • Clarifications of measurement of T4 and T5 District glazing standards; C. Modifications to height standards in the C1-R12, C1-R15, and C1-Auto Districts and removal of minor rooftop apparatus from height calculations Applicability: C1-R12, C1-R15, and C1-Auto District for height standards, all districts for calculation of minor rooftop apparatus Brief explanation of the proposed bylaw The proposed amendment would modify the height standards in three Zoning districts: the C1-R12, C1-R15, and C1-Auto. Specifically: • Increase maximum height in the districts from 40 feet to five stories and remove associated height waiver provisions; • Specify that no building shall be more than 1 story taller than the shortest building on adjacent lands in the Residential 4 District, except where separation exists beyond 75 feet; 3 The amendments would also remove minor rooftop apparatus from the calculation of heights. D. Establishment of an Urban Design Overlay District within portions of the C1-R12, C1-R15, and C1- Auto Districts; Applicability: Portions of C1-R12, C1-R15, and C1-Auto Districts along Williston Road and Shelburne Road Brief explanation of the proposed bylaw The proposed amendment would create a new overlay zone, the Urban Design Overlay District. This district would generally include properties that front on Shelburne Road as well as a small area of land surrounding the Williston Road/Kennedy Drive intersection. The amendment’s stated purpose is to reflect a design which fosters accessibility in the area. More specifically, the amendment: • Requires entries on the façade of the building served by the primary road in the corridor. This entry is to be regulated as a focal point of the front façade and be an easily recognizable feature of the building, served by a walkway; • Requires a minimum amount of glazing on the principal public façade; • Reduce minimum building setbacks from the road right of way; • Establish ‘nodes’ of activity at designated corridors; • Clarify landscaping requirements for properties in the district, particularly where they abut a residential zoning district. E. Modifications to Bicycle Parking standards Applicability: Citywide Brief explanation of the proposed bylaw These minor amendments clarify existing requirements in the design of bike parking facilities, including short term and long-term bike parking. New provisions are included which allow for limited inclusion of pre-existing bike racks in meeting new standards. F. Minor technical corrections Applicability: Citywide Brief explanation of the proposed bylaw Several minor typographic, numbering, and clarifying changes are proposed throughout the document. 4 Procedures, Next Steps & Recommendation: 1. The City Council is invited first to open the public hearing. A recommended motion would be “I move to open the Public Hearing on the proposed amendments to the Land Development Regulations” 2. During the Public Hearing, staff and the Planning Commission chair will be prepared to provide an overview of the amendments and their development at the Council’s request 3. Following any staff / Commission Chair summary, the Council may invite the public to share any comments, questions, or recommendations. As or the writing of this memo, no written input has been received by staff to the City Council. 4. Councilors are welcome and encouraged to pose any questions at this time. 5. The Council may then choose to close the Public Hearing. A recommended motion would be “I move to close the Public Hearing on the proposed amendments to the Land Development Regulations. 6. Following closure of the Public Hearing, the Council may take any of several actions: a. It may choose to adopt the draft amendments as proposed. If that is the case, a recommended motion would be “I move to adopt the proposed amendments to the Land Development Regulations as presented.” b. It may choose to make specific changes to the draft amendments. In that instance, the Council must warn a new public hearing on the modified amendments and file copies to the Planning Commission and City Clerk. If this is the case, a recommended motion would be: “I move to make the following proposed modifications to the draft Land Development Regulations […insert modifications here], to warn a public hearing on the amendments for [insert date and time here], and to file a copy of the proposed modifications to the City Clerk and Planning Commission.” c. It may choose to further consider modifications to the amendments. In that instance, the Council may take up the amendments at a future meeting and then follow the procedures laid out above under “b”. Recommendation: If the Council is satisfied with the amendments as presented, staff recommends that the amendment be adopted at this meeting. Amendments would become fully effective 21 days following adoption. cc: Planning Commission 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com PROPOSED AMENDMENTS to the SOUTH BURLINGTON LAND DEVELOPMENT REGULATIONS Public Hearing Monday, March 19, 2018 at 8:00 pm PLEASE TAKE NOTICE that the South Burlington City Council will hold a public hearing on Monday, March 19, 2018 at 8:00 PM in the City Hall Conference Room, 575 Dorset Street, South Burlington, Vermont to consider amendments to the South Burlington Land Development Regulations. The amendments affect all parts of the City. The purpose of the hearing is to consider the following: A. Establish housing preservation standards in the following zoning districts: Residential 1, Residential 1-PRD, Residential 1-Lakeshore, Residential 1-Lakeview, Residential 2, Residential 4, Residential 7, Residential 7-Neighborhood Commercial, Residential 12, Lakeshore Neighborhood, Queen City Park, SEQ-Natural Resource Protection, SEQ-Neighborhood Residential, SEQ-Neighborhood Residential North, SEQ-Neighborhood Residential Transition, SEQ-Village Residential, SEQ-Village Commercial, Commercial 1-Residential 12, Commercial 1-Residential 15, Commercial 1-AUTO, Commercial 1-Limited Retail, Allen Road, and Commercial 2; B. Modifications to the City Center Form Based Code, including building placement standards; buffer strip requirements; prohibited exterior materials and replacement of existing siding; off-site placement of open space in the T4 District; accessory structures; pre-approval of open space; off- site landscaping; T3 and T3+ District purpose statement, entrances, balconies, and buildings on small pre-existing lots; T4 and T5 District glazing standards; C. Modifications to height standards in the C1-R12, C1-R15, and C1-Auto Districts and removal of minor rootftop apparatus from height calculations; D. Establishment of an Urban Design Overlay District within portions of the C1-R12, C1-R15, and C1- Auto Districts; E. Modifications to Bicycle Parking standards; and, F. Minor technical corrections. Sections included in the amendments to the Land Development Regulations: 2.02 Specific Definitions 3.07 Height of Structures 8.03 Land Development and Building Placement 8.06 Special Standards 8.07 Prohibited Materials 8.08 Open Space Requirements 8.11 Nonconformities 8.12 City Center T3 and T3+ Neighborhood Building Envelope Standards 8.13 T-4 Urban Multi-Use Building Envelope Standards 8.14 T-5 Building Envelope Standards 10.06 Urban Design Overlay District (UDO) [new] 13.14 Bicycle Parking and Storage 18.01 Inclusionary Zoning 18.03 Housing Preservation [new] Appendix C: Dimensional Standards Appendix H: Pre-Existing Dwelling units exempt from housing preservation per section 18.03(c)(5) [new] Map 4: Overlay Districts Copies of the proposed amendments are available for inspection at the Department of Planning & Zoning, City Hall, 2nd Floor, 575 Dorset Street, South Burlington, between 8:00 AM and 4:30 PM Monday through Friday except holidays, and on the city website at www.sburl.com/planning. Helen Riehle, City Council Chair March 1, 2018 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com Draft Amendments to the South Burlington Land Development Regulations Key to amendments: Additions in red underline Deletions in red strikethrough Notes for Uses in SMALL CAPS I. ESTABLISH HOUSING PRESERVATION STANDARDS 18.03 Housing Preservation A. Purpose. The intent of this Section is to achieve one or more of these goals: (1) To promote the health, safety and general welfare of the community by preserving existing housing stock in residential neighborhoods, particularly the supply of affordable and moderately- priced homes through the use of housing retention requirements as referenced in South Burlington’s 2016 Comprehensive Plan; (2) To reduce and mitigate the demolition and conversion to nonresidential use or nonuse of residential structures, and to maintain housing that meets the needs of all economic groups within the City particularly for those of low and moderate income; (3) To meet the specific mandates of 24 V.S.A. Section 4302(11) related to housing opportunities for safe and affordable housing for all Vermonters and to meet the needs of the diverse social and income groups in each Vermont community; (4) To support the retention of housing units in the City; (5) To promote the health safety and welfare of the community by preserving the residential character of neighborhoods; and, (6) To offset the loss of housing by requiring replacement of housing units with new construction, conversion of nonresidential to residential use or a contribution to the City of South Burlington Housing Trust Fund. B. Applicability. Except as otherwise provided in sub-section C (Exemptions), this Section 18.03 of these Regulations is applicable to the loss, demolition or conversion to a nonresidential use or nonuse (for example a vacant lot) of any dwelling unit in the City. This includes without limitation any of the following: (1) any dwelling unit that is demolished, removed, or declared unfit for habitation pursuant to any order, decision or other action of the City or State that is caused by unreasonable neglect or deferred maintenance of an existing or prior owner(s); (2) any dwelling unit that is demolished or removed pursuant to any municipal, State or Federal program, including any air traffic or airport noise mitigation and compatibility program; and/or, draftpage 1 (3) the loss, demolition or conversion to nonresidential use or non-use of any other form of permanent housing, including but not limited to housing units contained within a housing facility that is permitted as a congregate care facility, except group homes, residential care facilities, or skilled nursing facilities as defined in these Regulations. C. Exemptions. This Section shall not be applicable to: (1) The redevelopment of a dwelling unit or any other form of permanent housing, including but not limited to housing units contained within a housing facility that is permitted as a congregate care facility, within a two (2) year period. Any applicant for a demolition permit seeking to avail themselves of this exemption shall be required to obtain a Certificate of Occupancy within two (2) years of the date of issuance of the demolition permit thereby demonstrating redevelopment of the dwelling unit and restoration of the residential use on the same parcel. (2) Any dwelling unit ordered demolished or declared unfit for habitation because of damage caused by civil commotion, malicious mischief, vandalism, natural disaster, fire, flood or other causes beyond the owner’s control. (3) Dwelling units existing in the following zoning districts: City Center Form Based Code, Industrial – Open Space, Mixed Industrial & Commercial, Swift Street, Institutional-Agricultural, Parks & Recreation, Municipal, Commercial 1-AIR, Airport, and Airport-Industrial. (4) The conversion of a duplex to a single-family home. (5) As of the initial effective date of this Section, any dwelling units: (a) For which the Burlington International Airport / City of Burlington has obtained Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant funding approval for the acquisition, demolition or removal pursuant to the FAA’s Part 150 Noise Compatibility Program. This includes the dwelling units identified in FAA AIP grant numbers, AIP-94, AIP-105, and AIP-109 whether or not these dwelling units have been purchased or removed as of January 1, 2018. (b) Indicated on the 2009 Burlington International Airport Part 150 Noise Inventory and Re- Use Plan “Proposed Property Acquisition Program” map, Figure 4: Detailed Acquisition Plan, dated April 23, 2009. See Appendix H for a complete listing of properties by address. (6) The removal of accessory dwelling units. D. Approval. Notwithstanding any other provision of these Regulations and unless otherwise exempt under sub-section C of this Section, no dwelling unit shall be removed, demolished, or converted to a nonresidential use or nonuse, without receipt of a zoning permit in accordance with this Section. In addition to any other submission requirements in these Regulations, the applicant shall submit as part of a zoning permit application under this Section: (1) A statement certifying the number of dwelling units to be demolished or converted to nonresidential use and the number of bedrooms existing within each of these units; (2) A demonstration of compliance with tenant or occupant notice and relocation provisions of applicable state and federal law; and (3) A demonstration of compliance with sub-section E, F and G (if applicable) of this Section. E. Housing replacement requirement. In addition to any other requirements for approval under these Regulations, approval of the zoning permit referred to in Sub-section D above requires the draftpage 2 replacement of each dwelling unit that is to be removed, demolished, or converted to nonresidential use or nonuse with a replacement dwelling unit. Any dwelling unit approved under Section 18.01 or 18.02 shall not qualify as a replacement dwelling unit. This replacement requirement may be satisfied in one of the following ways: (1) Construction of a new dwelling unit in accordance with sub-section F of this Section; (2) The conversion of a non-residential building to residential use in accordance with sub-section F of this Section; or, (3) Contribution to the Housing Trust Fund. Payment to the City of South Burlington’s Housing Trust Fund for each dwelling unit that is removed, demolished, or converted to nonresidential uses or nonuse in an amount equal to twenty-five percent (25%) of the higher of (1) the most recent assed valuation the premises as modified by the CLA (Common Level of Appraisal) or (2) the most recent sales price of the premises. F. Replacement Dwelling Unit Requirement. In addition to the foregoing, all replacement dwelling units built pursuant to this Section must meet the following requirements: (1) Each replacement dwelling unit shall have at least the same number of bedrooms as the dwelling unit being replaced; (2) Each replacement dwelling unit must be located within the City of South Burlington; (3) Each replacement dwelling unit must receive a Certificate of Occupancy within eighteen (18) months of the date on which the zoning permit referenced in Sub-section D above is approved; (4) Each rental replacement dwelling unit(s) must be maintained either as a Group Home or as a leased “Affordable Housing” unit, as that term is defined in Article 2 of these Regulations to prospective occupants who are income eligible at the time they first lease the unit, for a period of not less than twenty (20) years from the date of first occupancy. (5) Each non-rental replacement dwelling unit(s) must be offered for sale either: (a) At or below the fair market value of the dwelling unit that was removed, demolished, or converted to nonresidential use or nonuse, as determined either (i) by an appraisal provided by the applicant, or (ii) by the City’s latest assessed value of the premises including the dwelling unit that was removed, demolished, or converted to nonresidential use or to nonuse; or (b) As an “Affordable Housing” unit, as that term is defined in Article 2 of these Regulations, to prospective purchaser/occupants who are income eligible at the time they purchase the unit. Any such unit shall be subject to a covenant restricting the sale of the dwelling unit for a twenty (20) year period to an owner/occupant who qualifies by income. (6) Income eligibility for replacement units described in this subsection shall be determined based on income guidelines, as adjusted for household size, published annually by the U.S. Department of Housing and Urban Development (HUD) for the Burlington-South Burlington Metropolitan Statistical Area (MSA), or on program-based income eligibility requirements established by a partnering housing organization. The income eligibility shall be determined using the most recent income guidelines available at the time a unit is available for occupancy. G. Performance Guaranty/Letter of Credit. When an applicant proposes to construct a new replacement dwelling unit or convert a non-residential building to a replacement residential unit, the applicant must post a performance guaranty in the form of a letter of credit, or other security acceptable to the City Attorney, in the amount equivalent to the amount the applicant would have been required to draftpage 3 contribute to the City of South Burlington’s Housing Trust Fund if the applicant had chosen that option pursuant to Sub-section E(3), above. Such a performance guaranty shall be valid for no more than two (2) years, after which the full amount due shall be provided to the City of South Burlington’s Housing Trust Fund if a replacement dwelling unit satisfying the conditions of this Section has not been granted a Certificate of Occupancy as a dwelling unit. H. Administration. The City of South Burlington Housing Authority, if any, or a bona fide qualified non- profit organization approved by the City of South Burlington following demonstration of its qualifications shall be responsible for the on-going administration of this section as well as for the promulgation of such rules and regulations as may be necessary to implement this section. The Housing Authority or non-profit organization will determine and implement eligibility priorities, continuing eligibility standards and enforcement, and rental and sales procedures. I. Violations. In the event of a violation of this Section, an enforcement action in accordance with Article 17 shall commence and the requirements of this Section shall apply in addition to any other remedies available to the City by law. 17.03 Certificates of Occupancy … B. Certificate of Occupancy Not Required. Certificates of occupancy shall not be required for single- family or two-family dwellings, except as specifically listed below: (1) Certificates of Occupancy are required for single and two family dwellings within the Floodplain Overlay (Zones A, AE, and A1-30) Subdistrict. (2) Certificates of Occupancy are required for inclusionary single and two-family dwellings within the City Center FBC District. (3) Certificates of Occupancy are required for dwelling units constructed in accordance with Section 18.03(C)(1) of these Regulations. (4) Certificates of Occupancy are required for replacement dwelling units built in accordance with Section 18.03 of these Regulations. draftpage 4 II. MODIFICATIONS TO THE CITY CENTER FORM BASED CODE 8.03 Land Development and Building Placement A. Land Development. No land development shall be permitted except in full compliance with the applicable Building Envelope Standards (BES) and this Article. See also Section 8.11, non-conformities. B. Building Placement. (1) All new buildings, and all additions to buildings, except as permitted in a T3 Cottage Court or as permitted under Section 8.11, Nonconformities, shall include at least one building façade located entirely within a Build-to-Zone, except as provided for below: (a) Buildings permitted in a T3 Cottage Court; (b) As permitted under Section 8.11, Nonconformities; or, (c) Accessory structures. draftpage 5 8.06 Special Standards … E. Buffer Strip. Where a Building Envelope Standard requires a Buffer Strip, it shall consist, at a minimum, of the following: the following: (1) A planted buffer not less than twenty (20) feet wide landscaped with dense evergreens and with options for other planting and fencing; OR, (2) A combination of alley, as defined within the Street Typologies of these Regulations, and a planted buffer not less than eight (8) feet wide landscaped with dense evergreens and with options for other planting and fencing. Any Buffer Strip required by a Building Envelope Standard shall consist, at a minimum, of a strip of land that is no less than twenty feet wide measured from the applicable lot line and shall include a screening buffer that is not less than eight (8) feet in width, measured from the applicable lot line, and planted with dense evergreens that are at least seven (7) feet in height at time of installation, and a separation buffer not less than twelve (12) feet wide measured from the edge of the screening buffer, in which no building shall be allowed. Where a vehicle turn-around or parking will be located adjacent to the screening buffer, then the screening buffer shall be supplemented as needed so as to be opaque year round. The Buffer Strip may include fencing to supplement the screening and/or separation buffers. F. Required Minimum Stories, Combined Stories. … (1) Combined stories. For each story in a building containing one or more stories with a floor-to- floor height that exceeds the maximum height allowed in the applicable Transect Zone/Zoning District, the number of stories shall be calculated by dividing the proposed floor-to-floor height by the number of feet equal to the maximum story height and rounding up to the next whole number. Example: a 20’ floor to ceiling height in a Transect Zone where whose maximum sooty story height is 14’ will count as two stories for the purposes of calculating the maximum allowable number of building stories in a Transect Zone. For the purposes of calculating the minimum number of building stories in a Transect Zone, however, combined stories shall not be considered to be more than one story. … I. Accessory Structures Accessory structures shall exceed neither 500 square feet in area, nor fifteen (15) feet in height. Accessory structures shall not be located between the street line and the front building line of any principal building, and shall be located a minimum of five (5) feet from all lot lines. There shall not be more than one accessory structure per principal building on the lot. The standards in Section 3.10(A- D) shall not apply in this district. 8.07 Prohibited Materials The following is a list of materials that are strictly forbidden as exterior finish materials in all Transect Zones, on all sides facing a street right-of-way, public right-of-way, pedestrian passages or public civic space, in all City Center districts: A. All types and form of vinyl siding or vinyl finishing products. draftpage 6 B. External Insulation and Finish System (EIFS) C. Stucco D. Plywood (excluding Marine Grade plywood) E. Chain-link fence F. T1-11 G. Concrete block, cinder block H. Tar paper I. Tyvek or equivalent 8.08 Open Space Requirements … Table 8-1 Open Space Requirements Transect Zone Residential/ Non- Residential Parcel Size Qualifying Open Space Required Additional Restrictions, Requirements, or Allowances Public Realm Requirement T5 Non- Residential All 5% of non-residential building gross floor area May locate qualifying open space off-site or purchase credits Whether on or off site, 100 % must be part of the public realm. Residential, Less than 10 Units All 100 Square Feet Per Unit May locate qualifying open space off-site pursuant to BES or purchase credits. No public realm requirement for residential component. Residential, 10-19 Units All 85 Square Feet Per Unit May locate qualifying open space off-site pursuant to BES or purchase credits. No public realm requirement for residential component. Residential, 20 or more Units All 60 Square Feet Per Unit May locate qualifying open space off-site pursuant to BES or purchase credits. No public realm requirement for residential component. T4 Non- Residential <20,000 SF 6% of non-residential building gross floor area May locate qualifying open space off-site or purchase credits. Whether on or off site, 75% must be part of the public realm. Non- Residential >20,000 SF 6% of non-residential building gross floor area Qualifying open Space must be located on site or within 150’ of the site and directly Whether on or off site, 75% must be part of the public realm. draftpage 7 accessible from the site. Residential, Less than 10 Units All 100 Square Feet Per Unit Qualifying open Space must be located on site or within 150’ of the site and directly accessible from the site; 50% or more must be commonly accessible to all tenants/residents. No public realm requirement for residential component. Residential, 10-19 Units All 85 Square Feet Per Unit Qualifying open Space must be located on site or within 150’ of the site and directly accessible from the site; 50% or more must be commonly accessible to all tenants/residents. No public realm requirement for residential component. Residential, 20 or more Units All 60 Square Feet Per Unit Qualifying open Space must be located on site or within 150’ of the site and directly accessible from the site; 50% or more must be commonly accessible to all tenants/residents. No public realm requirement for residential component. T3/T3+ Non- Residential All 6% of non-residential building gross floor area Qualifying open Space must be located on site. Minimum 30% must be part of the public realm. Residential, Less than 10 Units All 100 Square Feet Per Unit Qualifying open Space must be located on site. No public realm requirement for residential component. Residential, 10-19 Units All 100 Square Feet Per Unit Qualifying open Space must be located on site; 25% or more must be commonly accessible to all tenants/residents. No public realm requirement for residential component. draftpage 8 Residential, 20 or more Units All 90 Square Feet Per Unit Qualifying open Space must be located on site; 40% or more must be commonly accessible to all tenants/residents. No public realm requirement for residential component. … E. Locating Open Space Off-Site (1) Qualifying open space may be located off-site, or on a parcel other than the one where the subject use is located, in areas designated in Table 8-1. Designated off-site qualifying open space must be located within City Center FBC District boundaries and must meet the standards articulated herein. Designated off-site open space must qualify under the palette of options listed in Table 8-2. (2) Designated off-site qualifying open space shall be located on developable land. For the purposes of this section (8.08(D)), developable land is an area of land within the City Center FBC District that feasibly can be developed with residential uses or mixed uses in accordance with the Code as determined by the DRB. Developable land area shall not, except where otherwise specified, include: (a) Land area that is already substantially developed, including existing parks and dedicated, perpetual open space within such substantially developed portion; (b) Areas of contiguous land that are unsuitable for development because of topographic features or for environmental reasons, per chapter 12 of these regulations. (3) Wetlands and wetland buffers shall not be designated as off-site qualifying open space areas, unless the DRB makes a finding that the wetland and/or wetland buffer is improved and can be actively and explicitly used as a qualifying Open Space pursuant to this Article and Appendix F. In considering whether to make this finding, the DRB may wish to consider the reasonable and expected use of the wetland, and refer to the specifications for “Enhanced or Recreational Wetlands” in Appendix F of these Regulations. If the DRB makes such a finding, that wetland and/or wetland buffer shall not count as more than 50% of the minimum required qualifying open space. (4) Pre-approval of open space. An applicant that constructs a greater area of open space than the minimum required area may apply that additional open space that exceeds the minimum towards the required open space for a future building. In doing so, the applicant shall demonstrate with each such building that the off-site open space is qualifying for the proposed building in question. … G. Landscaping Requirements (1) Per Section 13.06(G), new development must meet a minimum landscaping budget equal to 3% of the first $250,000 of construction costs, 2% of the next $250,000, and 1% of remaining construction costs. This section requires that this investment be in trees and shrubs, and on-site. draftpage 9 (2) For the City Center FBC District, a portion of the minimum landscaping budget may be used for art, decorative hardscapes, or other publicallypublicly welcoming amenities, as detailed in Table 8-3 and Appendix F, and when located within the public realm as defined in these Regulations. (3) Off-site landscaping. Where Open Space is approved to be located off-site pursuant to Section 8.08(E), up to thirty (30) percent of the required landscaping budget may also be located off-site. In such instances, the total required landscape budget shall increase by fifteen (15) percent. 8.11 Nonconformities … A. Nonconforming Structures (1) Authority to Continue. Nonconforming structures may be continued provided conditions in this Section are met. (2) Repair and Alterations. Repair and alterations may be performed on any nonconforming structure, provided the comply with the Code and with the following: (a) When the total area of alterations to the primary building façade, or to the building façade that is parallel to and oriented to the street, exceeds 35% of the total areas of such building façade, the alterations shall comply with the Building Standards described in the BES applicable to the Transect Zone (excluding build-to-zone and story requirements). For the purposes of this subsection, window and window casing replacement, painting, adding or removal of siding, and other similar changes shall not be considered in this total area of alterations calculation considered alterations. For multi-tenant buildings, the standard shall apply separately for each tenant area where that tenant gross floor area exceeds 10,000 square feet. (a)(b) Repair and replacement of non-conforming exterior finish materials. Normal repair of non-conforming exterior finish materials listed in Section 8.07 shall be permitted. In-kind replacement of vinyl exterior finish materials with new vinyl finish materials shall also be permitted. Replacement of any other type of exterior finish materials listed as prohibited in Section 8.07 shall not be permitted. (b)(c) Structural alterations involving the replacement, relocation, removal, or other similar changes to more than 50% of all load bearing wall / pillar elements of a building shall require compliance with all standards within these Regulations. … Table 8-45 Extensions / Expansions Structure Size <1,000 SF GFA 1,001 – 2,500 SF GFA 2,501 – 5,000 SF GFA 5,001 – 10,000 SF GFA 10,001 – 20,000 SF GFA Percent Permitted 75% 35% 30% 25% 10% SEE THE END OF THIS DOCUMENT FOR PROPOSED AMENDMENTS TO THE T3/T3+, T4, AND T5 BUILDING ENVELOPE STANDARDS. draftpage 10 III. MODIFICATIONS TO HEIGHT STANDARDS IN THE C1-R12, C1-R15, AND C1-AUTO DISTRICTS AND REMOVAL OF MINOR ROOFTOP APPARATUS FROM HEIGHT CALCULATIONS IN ALL DISTRICTS; 2.02 Specific Definitions … Height. The vertical distance of a building measured from the average preconstruction grade level at the base of the building to the highest point of the roof if the roof is flat or mansard, or to the average level between the eaves and the highest point of the roof if the roof is of any other type. Height calculation of a building shall not include minor rooftop apparatus such as solar collectors, chimneys, spires, towers, elevator and mechanical penthouses, air conditioning equipment, water tanks, satellite dishes, radio and television antennas, and similar apparatus that projections, from the roof. For other rooftop apparatus such as spires, towers, water tanks, radio and television antennas, see except as set forth in Section 3.07 of these Regulations. Chimneys (as defined in these Regulations) for residential structures shall be exempt from the height limitations. Height of a structure that is not a building shall be measured from the average preconstruction grade level at the base of the structure to the highest point of the structure. 3.07 Height of Structures A. General Provisions. Structures in all districts shall comply with the height standards presented below in this section. Maximum allowable building heights are illustrated in Figure 3-1, Height of Structures. B. Stories. The requirements of Table C-2, Dimensional Standards, shall apply. (1) Where a roofline story is placed on a building ….. (2) In the R1, R1-Lakeview, R1-PRD, R1-Lakeview, R2, R4, R7, Lakeshore Neighborhood…. (3) In the C1-R12, C1-R15, and C1-Auto districts: a) No building shall be more than 1 story taller than the shortest building on an adjacent lot in the R4 District. However, for each 75’ of separation from said building in the R4, the proposal building may increase in height by 1 story, up to the allowable maximum height. (b) First story floor-to-floor height shall not exceed 20 feet. Upper stories shall not exceed 14 feet in floor-to-floor height. C. Maximum Height. Except as allowed below in this section 3.07, the requirements of Table C-2, Dimensional Standards, shall apply. (1) Where a structure has been approved as part of a Master Plan prior to January 9, 2012 with a height greater than that permitted in these Regulations, such approved maximum height shall remain in effect. D. Waiver of Height Requirements (1) Rooftop Apparatus. Rooftop apparatus, as defined under Heights in these Regulations, and steeples for places of worship that are taller than normal height limitations established in Table C-2 above may be approved by the Development Review Board as a conditional use subject to the provisions of Article 14, Conditional Uses. draftpage 11 (2) R12, IA, PR, MU, C1-R12, C1-R15 C1-Auto, C1-Air, C1-LR, AR, SW, IO, C2, Mixed IC, AIR, and AIR-IND Districts. (a) The Development Review Board may approve a structure with a height in excess of the limitations set forth in Table C-2. For each foot of additional height, all front and rear setbacks shall be increased by one (1) foot and all side setbacks shall be increased by one half (1/2) foot. (b) For structures proposed to exceed the maximum height for structures specified in Table C-2 as part of a planned unit development or master plan, the Development Review Board may waive the requirements of this section as long as the general objectives of the applicable zoning district are met. A request for approval of a taller structure shall include the submittal of a plan(s) showing the elevations and architectural design of the structure, pre-construction grade, post- construction grade, and height of the structure. Such plan shall demonstrate that the proposed building will not detract from scenic views from adjacent public roadways and other public rights- of-way. (c) Rooftop Apparatus. Rooftop apparatus, as defined under Heights in these Regulations, that are taller than normal height limitations established in Table C-2 may be approved by the Development Review Board as a conditional use subject to the provisions of Article 14, Conditional Uses. Such structures do not need to comply with the provisions of subsections (a) and (b) above. Appendix C Dimensional Standards Table C-2 draftpage 12 IV. ESTABLISHMENT OF AN URBAN DESIGN OVERLAY DISTRICT WITHIN PORTIONS OF THE C1-R12, C1-R15, AND C1-AUTO DISTRICTS; OVERLAY DISTRICTS FP, TR, SVP, IHO, TO, UDO 10.01 Flood Plain Overlay District 10.02 Traffic Overlay District 10.03 Scenic View Protection Overlay District 10.04 Interstate Highway Overlay District 10.05 Transit Overlay District 10.06 Urban Design Overlay District … 10.06 Urban Design Overlay District (UDO) A. Purpose. It is the purpose of the Urban Design Overlay District to recognize the impact of simple design principles and to reflect a design aesthetic that fosters accessibility and creates civic pride in the City’s most traveled areas and gateways, while furthering the stated goals of the City’s Comprehensive Plan. The Urban Design Overlay District aids in fulfilling the City’s vision for the Southwest quadrant, which is to enable infill and conversion development, encourage pedestrian movement, serve local and regional shopping and employment needs, and make use of existing public transportation. The City intends for the applicable areas to provide safe and inviting access to adjacent neighborhoods. B. Comprehensive Plan. This section implements the community desires established in the City’s Comprehensive Plan. Specifically, the Plan desires that new development will occur in subject corridors. The corridors subject to the Urban Design Overlay District are encouraged within the Plan to use public transportation services, inspire pedestrian movement, and foster effective transitions to adjacent residential areas. More specifically yet, the Plan advocates for the creation of one or more nodes of concentrated development and public activity in these areas. C. Boundaries & Applicability. This section shall be implemented in accordance with the geography(ies) shown on the Overlay Districts Map contained in these Regulations. (1) New construction. In the case of proposed expansions to existing buildings, only the portion of the building being added or rehabilitate per (2) below shall be subject to compliance with these standards. Portions of an existing building not being modified may remain as is, provided alterations do not increase the degree of nonconformity. (2) Substantial Rehabilitation (a) Authority to Continue. Nonconforming structures may be continued provided conditions in this Section are met. (b) Repairs and Alterations. Repairs and alterations may be performed on any nonconforming structure, provided they comply with the Code and with the following: (a) When the total area of alterations to the primary building façade, or to the building façade that is parallel to and oriented to the street, exceeds 35% of the total area of such building façade, the alterations shall comply with the entry and glazing standards of the applicable district / overlay district. For the purposes of this subsection, window and draftpage 13 window casing replacement, painting, adding or removal of siding, and other similar changes shall not be considered alterations. For multi-tenant buildings, the standard shall apply separately for each tenant area where that tenant gross floor area exceeds 10,000 square feet. (b) Structural alterations involving the replacement, relocation, removal, or other similar changes to more than 50% of all load bearing wall / pillar elements of a building must comply with all standards within these Regulations. (3) Nodes. These regulations recognize that some areas of a corridor serve or will serve as important connections, gateways, or areas of activity. As such, a more urban form is desired and, where noted, required and permitted. Site design and buildings within designated nodes shall provide a welcoming and safe street presence for all users. Nodes are listed as ‘primary’ and ‘secondary’, and are mapped and regulated accordingly. D. Standards. Except where noted herein, the dimensional standards, use, and other standards of the underlying Zoning District shall still apply. (1) Entries. Buildings on subject properties must have at least one entry facing the primary road in the corridor. Any such entry shall: (a) Be an operable entrance, as defined in these Regulations. (b) Serve, architecturally, as a principal entry. Front entries shall be a focal point of the front façade and shall be an easily recognizable feature of the building. Possibilities include accenting front entries with features such as awnings, porticos, overhangs, recesses/projections, decorative front doors and side lights, or emphasis through varied color or special materials. This requirement does not preclude additional principal entry doors. (c) Shall have a direct, separate walkway to the primary road. This walkway shall be at least eight (8) feet in width and may meander for design purposes, but must serve as a pedestrian-oriented access. (2) Glazing. Windows are key to the overall design of a building and the relationship between its exterior and interior. (d) For all properties in the Urban Overlay District, a minimum of 75% of glazing shall be transparent. (e) In non-residential uses, first story glazing shall have a minimum height of 7 vertical feet. (f) For residential uses, first story glazing shall have a minimum height of 5 vertical feet. (3) Dimensional Standards Height Minimum (Maximums per underlying zoning district) Glazing Features Setback from ROW Designated Primary Node 2 stories First stories: minimum of 60% glazing across the width of the building facade on primary street; 40% minimum glazing across width Must have significant architectural feature at Minimum 20 feet draftpage 14 of the façade facing the secondary street. corner of corner building. Designated Secondary Node Appearance of two stories. Buildings with a GFA of less than 6,000 SF may be one story. First stories shall have a minimum of 60% glazing across the width of the building facade on primary street; 40% minimum glazing across width of the façade facing the secondary street. Must have significant architectural feature at corner of corner building. Minimum 20 feet All other properties No height minimums First stories shall have a minimum of 40% glazing across the width of the building facade Minimum 20 feet (4) Building Stories, Heights, and Rooftop Apparatus. (a) Minimum stories of buildings within the Urban Design Overlay District are defined as per Article 2- Definitions and Section 8.06(F)(1) of these Regulations. (b) Section 8.06(G) of these regulations shall apply to rooftop elements of buildings within the Urban Design Overlay District. (5) Landscaping. Projects within the Urban Design Overlay District shall meet minimum landscaping requirements as per Section 13.06 of these Regulations. Projects are also subject to the following supplemental standards: (a) Landscaping which is required elsewhere in these Regulations to serve as a buffer between properties shall not count towards the minimum landscaping budget. (b) For lots with buildings which are set back 50 or more feet from the front lot line, at least 50% of the required landscaping shall be installed between the front building line and the front lot line. V. MODIFICATIONS TO BICYCLE PARKING STANDARDS; 13.14 Bicycle Parking and Storage A. Purpose. These standards for short term parking and long term storage of bicycles are intended to recognize and promote cycling as a viable means of transportation and recreation for residents, consumers, visitors, and employees. B. Short Term Bicycle Parking (1) Applicability. These standards apply to any application for development that requires site plan approval under Section 14.03 of the LDRs, and all applications for development of parcels located in the City Center Form Based Codes District. (a) In order to facilitate a reasonable nexus between land development and bicycle parking requirements, applications for development to which these standards apply on parcels with draftpage 15 existing development shall be permitted to phase in required short term bicycle parking as follows: (i) For the first application, the applicant shall propose and install at least 50% of the required number of bicycle parking spaces. (ii) Thereafter, any applications for development of the same parcel shall comply with all standards for Short Term Bicycle Parking. (b) Where pre-approved bicycle racks exist on the site at the time of application, they may be permitted to remain and count towards the minimum requirements of this Section provided: (i) They are compliant with 13.14 B(2)(d)(i) and 13.14(B)(2)(d)(iv) of these regulations; (ii) The bike frame can be attached in at least one place and the bike is supported to stay upright; (iii) The rack is not constructed of wood; (iv) Each space on a rack where a bicycle frame can be attached in at least one place and supported to stay upright shall be considered a bicycle parking space; (v) If parking is on the end or outside of a rack, the parking space must be clear of obstructions in compliance with Appendix G and not obstruct passageways. (2) Standards for bicycle parking spaces (bps). (a) The minimum number of bicycle parking spaces shall be as indicated on Table 13-10. (b) Bicycle parking shall utilize the ‘Inverted U’ style or as shown as acceptable in Appendix G. The rack may not be constructed of wood. (c) If an applicant wishes to install something different, any bps shall meet the following specifications: (i) Allow secure locking of the frame and wheel; (ii) Support a bicycle frame at two points of contact; (iii) Meet the intent of the examples provided in Appendix G. (d) Location & Serviceability. Each bps shall be: (i) Securely anchored to the ground and on a hard, stabilized surface of at least six feet in length and a width sufficient to satisfy the remainder of these regulations. and on a paved surface of at least 2x6 feet; (ii) Spaced to allow easy access to each bicycle. (iii) Spaced at least 24 inches sufficiently away from obstructions, including walls, doors, posts, columns or, landscaping, and at least 36 inches from other racks, in accordance with Appendix G. (iii) (iv) Easily accessible from the street or multi-use path and protected from motor vehicles; (iv) (v) Visible to passers-by and well-lit to promote usage and enhance security; especially in retrofitted areas, or where good visibility is not achievable, an applicant may be required to install directional signage. (v) (vi) Located at or nearby principal entrances where reasonably practicable, unless doing so compromises the other directives of this subsection, including visibility and accessibility. draftpage 16 (vi) (vii) Where existing vehicle parking is replaced with bicycle parking in accordance with Section 13.01, note 6, bicycle parking must still meet the standards herein and shall be safely separated from vehicle parking spaces using striping, bollards, islands or other similar measures deemed adequate by the reviewing party. (e) Bicycle parking serving buildings with multiple entrances shall be dispersed so that all principal entrances are served. (f) For office building use, up to 50% of short term bicycle parking requirements may be met by supplementing the (indoor) long term bicycle parking requirements with the required short term bicycle parking spaces. C. Long Term Bicycle Storage (1) Applicability. These standards apply to: (a) Construction of new mixed use or commercial buildings and any new residential building with more than 3 dwelling units; (b) Structural alterations involving the replacement, relocation, or removal of, or other similar changes to, more than 50% of all load bearing walls shall require compliance with all standards for long term bicycle storage. (c) Building additions of more than 5,000 gross square feet in area. (2) Standards (a) For Residential Buildings (i) Secure storage in bicycle locker, bicycle storage room or private enclosure outside of the private residence that protects entire bicycle, including components and accessories against theft and weather. (ii) Garages which are private to each unit may count towards parking requirements. (b) For Non-Residential Buildings (i) Secure storage in bicycle locker, bicycle storage room or enclosure that protects entire bicycle, including components and accessories against theft and weather, allows secure locking of the frame and wheel and supports a bicycle upright. (ii) Where indicated in Table 13-11, clothes lockers shall be lockable with the following minimum dimensions: minimum 12” wide, 18” deep, 36” high. Lockers do not need to be in same place as bicycle storage; (iii) Secure office space (private offices, common space with ability to lock bicycles, etc.) may account for up to 50% of the required indoor parking areas and lockers provided they are located on the ground floor of the building, accessible and of sufficient size; (iv) Shower and changing facilities dependent on the number of bicycles required to be stored and as indicated on Table 13-10. draftpage 17 Table 10. Bicycle Parking Requirements Type of Activity Short Term Bike Parking Long Term Bike Storage Residential buildings with more than 3 units 1 for every 10 units; minimum 41 1 for every unit Warehousing, contractor, and light industry 1 per 20k SF; minimum 2 2 per tenant Retail, restaurant, office, and all other 1 per 5k SF; minimum 4 50% of required short term bike parking spaces. Educational 1 space for each 20 students of planned capacity. For new buildings only, one space for each 20 employees. 1 May request waiver from minimum per building for buildings with less than 6 units if Development Review Board finds the need is adequately met for visitors. Table 11. Long Term parking – shower and changing room facility requirements Number of protected long term bicycle parking spaces Changing facility Unisex Showers Clothes Lockers 1-3 none none 1 4 - 9 12 12 3 For every 10 12 12 40% of LTB parking 2 if unisex, units available to any gender; otherwise provide one per gender VI. MINOR TECHNICAL CORRECTIONS 18.01 Inclusionary Zoning B. Applicability (1) Covered Development. Except as otherwise provided in this bylaw, the provisions of this section shall apply within the City Center Form Based Codes District to any development, notwithstanding any phasingincluding each phase of the development, that will result in the creation of twelve (12) or more total dwelling units through subdivision, new construction, or the conversion of an existing structure or structures from non-residential to residential use. For purposes of this requirement, two or more developments shall be aggregated and considered as one development subject to this section if: (a) The developments are located on abutting properties; and (b) The developments are owned or controlled by the same person; and (c) Either: (i) The developments will undergo subdivision, construction, or conversion of an existing structure or structures from non-residential to residential use within the same five-year period, which period shall be measured from the date a proper and complete application is first submitted, or draftpage 18 (ii) A master plan exists, as approved by the City, which includes two or more of the developments. C. Inclusionary Units (1) For covered development, at least five percent (5%) of the total dwelling units offered for rent or sale, including units offered for sale in fee simple, shared, condominium or cooperative ownership, shall be affordable to households having incomes no greater than 80% of the area median income (AMI) adjusted for household size. An additional five percent (5%) of the total dwelling units shall be affordable to households having incomes no greater than 100% of the AMI adjusted for household size. An additional five percent (5%) of the total dwelling units shall be affordable to households having incomes no greater than 120% of the AMI adjusted for household size. (a) Where the application of this formula results in a fractional dwelling unit, that fractional dwelling unit shall be rounded to the nearest whole number (fractions that are greater than n.00 but less than n.50 are rounded down; fractions that are greater than or equal to n.50 but less than n+1.00 are rounded up). (b) When the developer proposes to build at least 12 but fewer than 17 housing units, the requirement will be to include two (2) affordable dwelling units one of which shall be affordable to households whose incomes are no greater than 80% of AMI adjusted for household size and the other shall be affordable to households whose income is no greater than 100% of AMI adjusted for household size. (c) When the developer is required to build a number of affordable dwelling units where the number of affordable dwelling units calculated by multiplying the total number of units by 15% that is not evenly divisible by three, the first “remaining” dwelling unit must be affordable at the 80% AMI level adjusted for household size and, where applicable, the second “remaining” dwelling unit must be affordable at 100% AMI level adjusted for household size. Example: The developer is required to build 13 affordable dwelling units. Four dwelling units must be affordable at the 80% of AMI adjusted for household size, four dwelling units must be affordable at the 100% of AMI adjusted for household size; four dwelling units must be affordable at the 120% of AMI adjusted for household size; and the “remaining” dwelling unit must be affordable at the 80% AMI adjusted for household size. draftpage 19 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T3 -1 8.12 City Center T3 and T3+ Neighborhood Building Envelope Standards (A) Purpose Primary Building Façade Requirements Secondary Building Façade Requirements Supplemental (B) Lot Standards (1)Lot Dimensions (a)Lot size (b)Lot Width (2)Lot Occupation (a)Percentage of Lot Coverage (b)Units per acre (C) Building Standards (1) Building Types (a)Detached single family dwelling (b)Two-family dwelling (c )Multi-family housing (d)Detached mixed-use storefront (e)Cottage (f)Accessory Structure (g)Carriage House See note 5 (h)Small-Lot Multi Family dwelling See note 5 (2)Building Stories (a)Principal (b)Accessory (3)Floor-to-Ceiling Height (a)First story (b)Upper Stories (4)Build-to Zone See T3 & T3+ Figures (a)Primary Build-to-Zone 5' Min., 20' Max.5' Min., 30' Max. (b)Secondary Build-to-Zone 5' Min., 30' Max.5'. Min., 45' Max. (c )Side Setback, Principal Structure 8' Min., No Max.8' Min., No Max. (d)Rear Setback, Principal Structure 20' Min., No Max.not applicable (e)Side Setback, Accessory Structure 8' Min., No Max.8' Min., No Max. (f)Rear Setback, Accessory Structure 8' Min., No Max.not applicable (g)Setback from rear of Principal Structure for any Accessory Structures 10' Min., No Max.No closer to street than Principal Structure (5)Frontage See T3 & T3+ Figures (a)Frontage Buildout None None (b)Percentage of Frontage Buildout within the Primary Build- to-Zone 75% Min., No Max.No Min., No Max. (c )Percentage of Frontage Buildout within the Secondary Build-to-Zone 0% Min., 25% Max.No Min., No Max. (6)Entrances See Entrances Figure (a)Frequency of Public Entrances, non-residential first story use (b)Maximum distance between Public Entrances, non- residential first story use (c )Frequency of Operable Entrances, residential first story use Permitted Permitted Permitted Permitted Permitted None 70' Min., 120' Max. [150' Max if Cottage Court] (see note 3) 75% Max. 4 Units per acre Min. Permitted T-3 and T3+: A multi-use neighborhood with a street-oriented public realm that encourages medium-density, multi-use/multi-purpose built environment. Architectural character is residential in nature, with sloped roofs and front porches encouraged and first floor elevations typically raised above ground level. Typically detached / freestanding single or two-family residences, small-scale multi- family, corner stores, and small scale commercial uses. Pedestrian-oriented streets, but ultimately mode-neutral. Small front yards are encouraged. Parking (not including on-street parking) shall be away from the primary street. T3 and T3+ BES Standard 1.5 Min.; 2.5 Max. (T3), 3.5 Max. (T3+) 1 Max. 12' Max. 10' Max. Permitted Permitted 1 per unit Min. Not applicable 1 per unit Min., except as listed in Note 5 South Burlington Land Development Regulationsdraft page 20 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T3 -2 Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT3 and T3+ BES Standard (d)Maximum distance between Operable Entrances, residential first story use (e)Frequency of Public Entrances on first story for non- residential second story uses (f )Frequency of Public Entrances on first story for upper residential story use (7)Glazing See Glazing Figures (a)First Story Min. 30% of the length of the building, and Min. 3' in height Min. 15% of the length of the building, and Min 3' in height (b)First Story, percent of glazing required to be transparent 75% Min.75% Min. (c )Upper Stories Min. 25% of the length of the building, and Min. 3' in height Min. 12.5% of the length of the building, and Min 3' in height (d)Upper Stories, percent of glazing required to be transparent 75% Min.75% Min. (8)Building Breaks See Bldg Breaks Figure (a)Building Horizontal Façade Min. 1 every 24'Min. 1 every 36' (b)Single Span of Horizontal Facade Without a Break 24' Max.36' Max. (9)Garages (a) (b) (c ) (9)Supplemental Building Standards (a)Awnings, Stoops, Vestibules (b)All homes in residential subdivision (unless in cottage court configuration) shall face street (c)Subdivisions will not be designed or laid out in a manner that will result in placing the rear of homes next to streets. (d)Primary facades of homes shall face the street (e)Variation in building façade encouraged and blank walls strongly discouraged (f)To the extent possible, the narrow face of the building should be oriented to the street (D) Block and Street Standards (1)Blocks See Section 8.04 (a)Perimeter (b)Length See Note 3 (c ) (2)Street Types See Article 11 (a)Neighborhood Street (b)Neighborhood Street Narrow (c )Neighborhood Street / Bike Boulevard (e)Support Street (f)Market Street (g)Lane Required Garage doors facing an alley are permitted and highly encouraged Required 300' Min., 1,000' Max. Single block lengths greater than 500' shall include a publicly dedicated sidewalk, passage, or trail at least 8' in width that connects to another street. Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted Connection, Not a Street 4,000' Max. Notwithstanding (a) above, a single-car garage set back a minimum of 10' from the front façade of a Principal Building shall be permitted. Permitted, Qualifies as a Street not applicable 1 per upper story unit Min. 1 per 4 2 units (see notes 4 and 5) Garage doors shall be either (i) located at a minimum of a 90 degree angle to the street containing the primary building facade or (ii) set back a minimum of 10' from the rear of the Principal Building Encouraged Encouraged Encouraged Required South Burlington Land Development Regulationsdraft page 21 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T3 -3 Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT3 and T3+ BES Standard (h)Alley (i)Path (j)Pedestrian Pass (k)All other streets (3)Curb Cuts (a)On Market Street (b)All other streets (E ) Parking Standards (1)Parking Amount Requirements (a)Per Residential Unit See Note 4 (b)Per 1,000 gross s.f. Non-Residential See Note 4 (2) Location & Screening (a) (b) (c ) (d) (e) (f) (g) (h) (F) Supplemental District Standards (1)Where a T-3 Lot abuts a non-FBC District, the following standards shall apply: (a) A buffer strip shall be required See Section 18.02(B) (G) Streetscape Standards (1)General Standards (a) (b) (c )Proposed development shall comply with all requirement of Article 11 (2)Streetscape requirements (a)Benches (b)Bicycle Racks for at least 5 bikes (c )Street Tree Spacing, on center Notes (1) (2)Upper Story Glazing Shall comply with the following standards: (a) (3) (4)Public and Operable Entrances for Upper Story Units: (a) (b)For corner units, the balcony shall be required along the Primary Street (c )No units located entirely on the third story shall be permitted. (5) 400' Min. distance between curb cuts Permitted on lots existing as of March 24, 2016 which have less than 100' of frontage on an existing street and are less than 1/2 acre in area. A single such lot may contain either one carriage house or one small-lot multi-family dwelling Upper story glazing shall be a minimum of 30 percent of the façade on the primary building facade and 20% on secondary building facades. New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in height Parking under structures is encouraged Parking shall only be permitted in compliance with applicable BES standards Residential: all parking shall be located to the side or rear of buildings Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or flowering vegetation. Non-residential: all parking shall be on-site and located behind the Principal building All features proposed within an existing, proposed, or planned public ROW shall comply with requirements of the Department of Public Works. If a corner lot is 100’ or less in width along the street containing the primary building facade and greater than two (2) times that width in depth, the required frontage buildout on the BES shall be reduced by 50% on the street containing the secondary building facade. 50' Max. average As determined by DPW 1 Min. per 300' frontage All second story units facing a Street shall have a balcony of at least 6' in depth or a rooftop patio for the entire width of the building façade along the Street. For a lot or property to be developed or improved, lot width requirements shall be met. New construction resulting in additional non-residential gross floor area or residential units shall meet T3 and T3+ Parking Standards New parking is allowed in the side yard Parking spaces may be leased from the city or a private landowner 70' Min. distance between curb cuts 1 Min, 3 Max. 4 2 spaces Min. Permitted Connection, Not a Street Permitted Connection, Not a Street Permitted, Qualifies as a Street Prohibited South Burlington Land Development Regulationsdraft page 22 Carriage House Building Type Description Lot and building placement Lot frontage Maximum 100' Lot depth N/A Lot area Maximum 1/2 acre Units & Scale Dwelling units Maximum of 2 Building footprint Maximum 60% of footprint of principal structure Building area Maximum 60% of area of principal structure Building Placement Principal Building Principal building on lot must meet T3 Frontage requirements Build-to-zone Front facade must be at or behind the rear of the principal building Rear setback Per T3 standards of principal buildings Side setback Per T3 standards of principal buildings Parking location Per T3 standards Open Space Per T3 standards Other Per T3 standards Narrow-Lot multi-family building Description Lot and building placement Lot frontage Maximum 100' Lot depth N/A Lot area Maximum 1/2 acre Units & Scale Dwelling units Maximum of 6 Frontage buildout Minimum 50% A second building either attached to or detached from the primary house and commonly used for storage of vehicles and household items. The carriage house may also be used for up to two additional dwellings units. Multi-family building on a narrow lot. Front of building has a strong street presence and building is oriented towards the street. Appearance of the building from the street is of a single-family or small multi-family building. Additional units may be side or rear-accessed, up to maximum allowable.draftpage 23 Building Placement Build-to-zone Per T3 standards Rear setback Per T3 standards Side setback Per T3 standards Parking location Garages shall not face street except if blocked from view by building Open Space Per T3 standards Other Front porch A covered front porch of at least 10' in width and 7' in depth is required Front doors At least one operable entry shall face the street Other standards Per T3 draftpage 24 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T4-1 8.13 T-4 Urban Multi-Use Building Envelope Standards (A) Purpose Primary Building Façade Requirements Secondary Building Façade Requirements Supplemental (B) Lot Standards (1)Lot Dimensions (a)Lot size (b)Lot Width (2)Lot Occupation (a)Percentage of Lot Coverage (b)Units per acre (C) Building Standards (1) Building Types (a)All Types (2)Building Stories (a)Principal (b)Accessory (3)Floor-to-Floor Height (a)First story (b)Upper Stories (4)Build-to-Zone See T4 Figures (a)Primary Build-to-Zone 0' Min., 12' Max.0' Min., 18' Max. (b)Secondary Build-to-Zone 0' Min., 24' Max.0'. Min., 36' Max. (5)Frontage See T4 Figures (a)Frontage Buildout , Primary Streets 70% Min.70% Min. (Note 1) (b)Frontage Buildout , Secondary Streets 70% Min. within 80' of Primary Street, 50% Min. elsewhere 70% Min. within 80' of Primary Street, 50% Min. elsewhere (Note 1) (b)Percentage of Frontage Buildout within the Primary Build- to-Zone 75% Min.100% Max. (c )Percentage of Frontage Buildout within the Secondary Build-to-Zone 0% Min., 25% Max.100% Max. (6)Entrances See Entrances Figure (a)Average frequency of Public Entrances, non-residential first story use 36' Max.54' Max. (b)Maximum distance between Public Entrances, non- residential first story use 46' Max.72' Max. (c )Average Frequency of Operable Entrances, residential first story use 36' Max.54' Max. (d)Maximum distance between Operable Entrances, residential first story use 46' Max.72' Max. (7)Glazing See Glazing Figure (a)First Story Min. 40% of the Width of the Building, and Min. 7.5' in Height Min. 20% of the Width of the Building, and Min 7.5' in Height (b)First Story, percent of glazing required to be transparent 75% Min.75% Min. (c )Upper Stories (d)Upper Stories, percent of glazing required to be transparent None None None Permitted 2 Min., 4 Max. 1 Max. T4 BES Standard Generally a multi-use, mixed use dense downtown built environment, typical of areas adjacent to and supportive of main street(s). Housing, retail, and other commercial uses are typical; parking facilities are also allowed. The built environment can be a mix of freestanding buildings and shared wall buildings. T-4 is multimodal oriented with an emphasis on medium foot traffic pedestrianism. Parking (not including on-street parking) shall be away (or hidden) from the street. None 24' Max. 14' Max See Note 2 See Note 2 South Burlington Land Development Regulationsdraft page 25 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T4-2 Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT4 BES Standard (8) Building Breaks See Bldg Breaks Figure (a)Building Horizontal Façade Min. 3 every 80'Min. 3 every 80' (b)Single Span of Horizontal Facade Without a Break 48' Max.48' Max. (9)Supplemental Building Standards (a)Awnings, Stoops, Vestibules (D) Block and Street Standards (1)Blocks See Section 8.04 (a)Perimeter (b)Length (2)Street & Connection Types See Article 11 (a)Neighborhood Street Narrow (b )Neighborhood Street (c)Private commercial way (d)Support Street (e)Commercial Street (f)Avenue (g)Commercial Boulevard (h)Destination Street (i)Market Street and Garden Street (j)Path (k)Pedestrian Pass (l)Alley (m) All other street types (4)Curb Cuts (not including street intersections) (a)On Market Street (b) On Garden Street (b)All other streets (E ) Parking Standards (1)Parking Amount Requirements (a)Per Residential Unit (b)Per 1,000 gross s.f. Non-Residential (2) Location & Screening (a) (b) (c ) (d) (e ) (f) (g) (3) Off-Site Parking (F) Supplemental District Standards (1)Where a T-4 Lot abuts the R4 or R7 Zoning District, the following standards shall apply: (a) A buffer strip shall be required See Section 8.06(E) (b) (c ) Permitted, Qualifies as a Street (a) Off-site parking within 600’ may be used to meet parking requirements for Residential uses. 400' Min. distance between curb cuts 400' Min. distance between curb cuts Permitted, Qualifies as a Street 100' Min. distance between curb cuts Permitted Connection, Not a Street Permitted Connection, Not a Street Permitted, Qualifies as a Street Prohibited The third story of any building shall be set back a minimum of twelve feet (12’) from the rear building line; and, The fourth story of any building shall be set back a minimum of twenty-four feet (24’) from the rear building line. No parking spaces required for ground floor tenants/ uses less than 5,000 sq. ft. New construction resulting in additional non-residential gross floor area or residential units shall meet T- 4 Parking Standards New surface parking shall be set back from the primary street a minimum of 25' Parking spaces may be leased from the city or a private landowner New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in height Parking under structures is encouraged 2 spaces Min. 300' Min., 700' Max. Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Encouraged 2 spaces Max. Permitted, Qualifies as a Street Permitted, Qualifies as a Street 2,800' Max. (b) Off-site parking within 1200’ may be used to meet parking requirements for non-Residential uses. (c) Shared parking may be used to meet parking requirements (See Article 13). Parking shall only be permitted in compliance with applicable BES standards for building frontage Permitted, Qualifies as a Street Permitted Connection, Not a Street South Burlington Land Development Regulationsdraft page 26 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T4-3 Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT4 BES Standard (d) (e ) (2) (a) (b) (c) (d) (e)Such building shall comply with all other provisions of these Regulations. (3) (a) (b) (G) Streetscape Standards (1)General Standards (a) (b) (c ) (d)Proposed development shall comply with all requirement of Article 11 (2)Streetscape requirements (a)Benches (b) Bicycle Parking Racks for at least 5 bikes (c )Street Tree Spacing, on center Notes (1) (2)Upper Story Glazing Shall comply with the following standards: (d) Glazing on upper stories shall not be flush with building surface material and shall be recessed a minimum of 3 inches, except for bay windows and storefronts. (e) Upper story windows/glazing (not doors) shall be no closer than 30 inches to building corners (excluding bay windows and storefronts). (b) 80% of glazing on upper stories shall be taller than wide (c) The required percentage shall be achieved by multiple openings. Windows may be ganged horizontally if each grouping (maximum five per group) is separated by a mullion, column, pier or wall section that is at least 7 inches wide. Along Secondary Streets, parking structures within the build-to-zone that do not meet entrance and/or glazing standards are permitted and shall count towards Frontage Buildout requirements, provided that a minimum of 0.5% of the construction cost is used for original artwork installed on or in front of the building façade facing said street. Along Secondary Streets, a Streetfront Open Space, as defined within these Regulations, shall count towards Frontage Buildout requirements. 2 Min. per 100' frontage Permitted 1 Min. per 100' frontage May be used to meet short-term requirements of 13.14 50' Max. average (a) Upper story glazing shall be a minimum of 30 percent of the façade area below the roofline on the primary building facade and 20% on secondary building facades. If a corner lot is 100’ or less in width along the street containing the primary building facade and greater than two (2) times that width in depth, the required frontage buildout on the BES shall be reduced by 50% on the street containing the secondary building facade. Such building shall have a frontage greater than 100' and a footprint greater than 10,000 square feet; Such building shall have a maximum footprint of 3,500 square feet; and, Such building shall comply with all other provisions of these Regulations. No new single-story building shall be permitted within one thousand (1,000) linear feet in any direction from any existing single-story building approved under this subsection; Large Single Story Principal Buildings. New large single-story principal buildings shall be permitted subject to the following requirements: Such building shall be a minimum of 24' in height and shall have the appearance of two or more stories; Such building shall have entries at a frequency of every 50' or less and shall have a maximum distance between entries of 60'; and, Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or flowering vegetation. All features proposed within an existing, proposed, or planned public ROW shall comply with requirements of the Department of Public Works. Small Single Story Principal Buildings. New small single-story principal buildings shall be permitted subject to the following requirements: All streetscape features must be consistent within a project and be compatible with adjacent features erected following adoption of this Code. South Burlington Land Development Regulationsdraft page 27 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T5-1 8.14 T-5 Building Envelope Standards (A) Purpose Primary Building Façade Requirements Secondary Building Façade Requirements Supplemental (B) Lot Standards (1)Lot Dimensions (a)Lot size (b)Lot Width (2)Lot Occupation (a)Percentage of Lot Coverage (b)Units per acre (C) Building Standards (1) Building Types (a)All Types (2)Building Stories (a)Principal (b)Accessory (3)Floor-to-Floor Height (a)First story (b)Upper Stories (4)Build-to-Zone See T5 Figures (a)Primary Build-to-Zone 0' Min., 6' Max.0' Min., 9' Max. (b)Secondary Build-to-Zone 0' Min., 24' Max.0'. Min., 36' Max. (5)Frontage See T5 Figures (a)Frontage Buildout 85% Min.85% Min. (Note 1) (b)Percentage of Frontage Buildout within the Primary Build- to-Zone 75% Min.50% Min. (c )Percentage of Frontage Buildout within the Secondary Build-to-Zone 0% Min., 25% Max.50% Max. (6)Entrances See Entrances Figure (a)Average frequency of Public Entrances, non-residential first story use 30' Max.45' Max. (b)Maximum distance between Public Entrances, non- residential first story use 40' Max.60' Max. (c )Average Frequency of Operable Entrances, residential first story use (d)Maximum distance between Operable Entrances, residential first story use (7)Glazing See Glazing Figure (a)First Story Min. 80% of the Width of the Building, and Min. 7.5' in Height Min. 40% of the Width of the Building, and Min 7.5' in Height (b)First Story, percent of glazing required to be transparent 75% Min.75% Min. (c )Upper Stories (d)Upper Stories, percent of glazing required to be transparent (8) Building Breaks See Note 3 & Bldg Breaks Figure 1 Max. T5 BES Standard Permitted 2 Min., 6 Max. 14' Min., 20' Max. 10' Min., 14' Max. not applicable not applicable See Note 2 See Note 2 Emphasis is on Market Street with high volume foot traffic. Create a street-oriented public realm that encourages a dense downtown, multi-use/multi-purpose built environment. Retail and other commercial uses must be on the ground floor, with and mixed uses permitted above. Parking (not including on-street parking) shall be away (or hidden) from the street. None None None None South Burlington Land Development Regulationsdraft page 28 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T5-2 Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT5 BES Standard (a)Building Horizontal Façade Min. 3 every 80'Min. 3 every 80' (b)Single Span of Horizontal Facade Without a Break Recommend every 24- 48 feet; 60' Max. Recommend every 24- 48 feet; 60' Max. (9)Supplemental Building Standards (a)Awnings, Stoops, Vestibules (D) Block and Street Standards (1)Blocks See Section 8.04 (a)Perimeter (b)Length (2)Street and Connection types See Article 11 (a)Destination Street (b)Support Street (c )Neighborhood Street Narrow (d)Market Street & Garden Street (e)Path (f)Alley (b)Pedestrian Pass (h)All other street types (3)Curb Cuts (a)On Market Street (b) On Garden Street (c)All other streets (E ) Parking Standards (1)Parking Amount Requirements (a)Per Residential Unit (b)Per 1,000 gross s.f. Non-Residential (2) Location & Screening (a) (b) (c ) (d) (e) (f) (g) (3) Off-Site Parking (F) Supplemental District Standards (1)Upper Story setbacks (a) (b) (G) Streetscape Standards (1) General Standards Permitted Connection, Not a Street Permitted Connection, Not a Street Permitted Connection, Not a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street 1,600' Max. 400' Max. No parking spaces required for ground floor tenants/ uses less than 5,000 sq. ft. (a) Off-site parking within 600’ may be used to meet parking requirements for Residential uses. (b) Off-site parking within 1200’ may be used to meet parking requirements for non-Residential uses. (c) Shared parking may be used to meet parking requirements (See Article 13). All stories above the fourth story of any building shall be set back a minimum of twelve feet (12’) from the primary and secondary building facades. All stories above the fifth story of any building shall be set back a minimum of twelve feet (12’) from all Alleys. Parking under structures is encouraged Parking shall only be permitted in compliance with applicable BES standards for Frontage Buildout New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in height New construction resulting in additional non-residential gross floor area or residential units shall meet T-5 Parking Standards New surface parking shall be set back from the primary street a minimum of 25' Parking spaces may be leased from the city or a private landowner 2 spaces Max. 2 spaces Min. Encouraged Prohibited Prohibited Prohibited 100' Min. distance between curb cuts South Burlington Land Development Regulationsdraft page 29 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T5-3 Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT5 BES Standard (a) (b) (c ) (d)Proposed development shall comply with all requirement of Article 11 (2)Streetscape requirements (a) Benches (b)Bicycle Parking or Rack Spaces (c )Street Tree Spacing, on center Notes (1) (2)Upper Story Glazing Shall comply with the following standards: If a corner lot is 100’ or less in width along the street containing the primary building facade and (a) Upper story glazing shall be a minimum of 30 percent of the façade area below the roofline on the primary building facade and 20% on secondary building facades. (b) 80% of glazing on upper stories shall be taller than wide (c) The required percentage shall be achieved by multiple openings. Windows may be ganged horizontally if each grouping (maximum five per group) is separated by a mullion, column, pier or wall section that is at least 7 inches wide. All streetscape features must be consistent within a project and be compatible with adjacent features erected following adoption of this Code. (d) Glazing on upper stories shall not be flush with building surface material and shall be recessed a minimum of 3 inches, except for bay windows and storefronts. (e) Upper story windows/glazing (not doors) shall be no closer than 30 inches to building corners (excluding All features proposed within an existing, proposed, or planned public ROW shall comply with 1 Min. per 50' frontage Permitted 20 Min. per 100' frontage May be used to meet short-term requirements of 13.14 30' Max. average Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or flowering vegetation. South Burlington Land Development Regulationsdraft page 30 Appendix G Bicycle Parking Examples Acceptable Not Acceptable INVERTED U SERIES/CORRAL Post & Ring INVERTED U Bike lockers Vertical Two-Tier Graphics used with permission. Credit: AssociaƟon of Pedestrian and Bicycle Professionals, EssenƟals of Bike Parking, 2015 draftpage 31 1 If measured between center points of u/hoop 2 If measured between outside edges of bracket Where more than one rack is to be placed perpendicular to the parking stall side lines, addiƟonal space is needed. This may come from: Combining two exisƟng parking spaces CreaƟng a dedicated parking space at least 11 feet wide UƟlizing, for required access space only, the reserved space adjacent to handicap accessible parking. Reserving and marking a space at least 2 feet in width‐ and as long as the parking space‐ adjacent to the bike parking space. Where bicycle parking is immediately adjacent to vehicle parking, yellow bollards or rubber curb stops shall be used. All distances listed as minimums. Bicycle Parking in Standard Vehicle Parking Spaces 18’ 9’ 24” 30” 301” 392” 24” 72” 30” 30” 60” draftpage 32 Bicycle Parking Dimensions 24” 30” 30”1 39”2 24” 30”1 39”2 30” 30” 24” 30” 1 If measured between center points of u/hoop 2 If measured between outside edges of bracket All distances listed as minimums. 3030” draftpage 33 §¨¦189 R1-PRD R1-L R1- L V Ü 0 0.25 0.50.125 Miles February 13, 2018 Planning Commission Public HearingUrban Design Overlay District South Burlington, Vermont Urban Design Overlay District Nodes Primary Secondary draftpage 34 §¨¦89 R1-PRDÜ00.25 0.50.125 Miles February 13, 2018 Planning Commission Public HearingUrban Design Overlay District South Burlington, Vermont Urban Design Overlay District Nodes Primary Secondary draftpage 35 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com South Burlington Planning Commission Proposed Land Development Regulations Amendment & Adoption Report In accordance with 24 V.S.A. §4441, the South Burlington Planning Commission has prepared the following report regarding the proposed amendments and adoption of the City’s Land Development Regulations. Outline of the Proposed Overall Amendments The South Burlington Planning Commission held a public hearing on Tuesday, February 13, 2018 at 7:00 pm, in the City Hall Conference Room, 575 Dorset Street, South Burlington, VT to consider the following amendments to the South Burlington Land Development Regulations: A. Establish housing preservation standards in the following zoning districts: Residential 1, Residential 1-PRD, Residential 1-Lakeshore, Residential 1-Lakeview, Residential 2, Residential 4, Residential 7, Residential 7-Neighborhood Commercial, Residential 12, Lakeshore Neighborhood, Queen City Park, SEQ-Natural Resource Protection, SEQ-Neighborhood Residential, SEQ- Neighborhood Residential North, SEQ-Neighborhood Residential Transition, SEQ-Village Residential, SEQ-Village Commercial, Commercial 1-Residential 12, Commercial 1-Residential 15, Commercial 1-AUTO, Commercial 1-Limited Retail, Allen Road, and Commercial 2; B. Modifications to the City Center Form Based Code, including building placement standards; buffer strip requirements; prohibited exterior materials and replacement of existing siding; off- site placement of open space in the T4 District; accessory structures; pre-approval of open space; off-site landscaping; T3 and T3+ District purpose statement, entrances, balconies, and buildings on small pre-existing lots; T4 and T5 District glazing standards; C. Modifications to height standards in the C1-R12, C1-R15, and C1-Auto Districts and removal of minor rootftop apparatus from height calculations; D. Establishment of an Urban Design Overlay District within portions of the C1-R12, C1-R15, and C1- Auto Districts; E. Modifications to Bicycle Parking standards; and, F. Minor technical corrections. Following the public hearing, the Planning Commission approved the amendments and the accompanying Report. 2 Brief Description and Findings Concerning the Proposed Amendments The proposed amendments have been considered by the Planning Commission for their consistency with the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 2, 2016. For each of the amendments, the Commission has addressed the following as enumerated under 24 VSA 4441(c): “…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal: (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. (2) Is compatible with the proposed future land uses and densities of the municipal plan. (3) Carries out, as applicable, any specific proposals for any planned community facilities.” A. Establish a housing preservation requirement that requires replacement of removed dwelling units in certain districts Brief explanation of the proposed bylaw The proposed amendment would require the preservation of housing in the City of South Burlington. For each dwelling unit removed in the applicable zoning districts, a replacement dwelling unit or financial contribution to the City’s affordable housing trust fund be made with the goal of preserving workforce and affordable homes in the City. Any replacement dwelling unit built on a parcel that is different from the origin parcel would need to include an affordability component or be sold or rented for equal or lower cost than the building that was removed. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing The proposed amendments implement the goals and policies of the City’s 2016 Comprehensive Plan, and are specifically focused on the availability of safe and affordable housing. Among these goals & policies: • Goals: “Be affordable, with housing for people of all incomes, lifestyles, and stages of life” (p. 1-1) • Goal: “Keep unique features, and maintain or enhance the quality of life of existing neighborhoods” (p. 1-1) • Objective 3. “Foster the creation and retention of a housing stock that is balanced in size and target income level, is representative of the needs of households of central Chittenden County, and maintain an efficient use of land for use by future generations” (p. 2-16) • Objective 4. “Support the retention of existing and construction of new affordable and moderate-income housing, emphasizing both smaller single family homes and apartments, to meet demand within the regional housing market.” (p. 2-16) 3 • Strategy 4. “Implement a variety of tools and programs to foster innovative approaches to preserving and increasing the City’s supply of affordable and moderate income housing. Potential tools should be explored and could include form-based codes that would allow a variety of residential and mixed use building types, transferable development rights, neighborhood preservation overlay districts, household definition regulations, inclusionary zoning, bonuses and incentives, waivers and expedited review processes, and/or a housing retention ordinance.” (p. 2-16) • Strategy 6. “Promote the preservation of existing housing stock in residential neighborhoods, particularly the supply of affordable and moderately-priced homes.” (p. 2- 16). The Comprehensive Plan also points to the City’s 2013 “Path to Affordability” Affordable Housing Report as an additional resource in this area. The Report includes a detailed analysis of the City’s current and future demographics, housing stock, overall affordability, and provides an assessment of current and prospective tools to address identified housing needs. The Report notes that the cost of construction of new housing leaves an affordability gap for young families and recommends tools to retain existing housing stock as a means to meet demand in this sector of the population. The Report includes specific recommendations to pursue housing retention / preservation regulations and also included several of the housing goals, objectives, and strategies that are in the 2016 Comprehensive Plan. The proposed amendment provides multiple alternatives for how housing is to be retained in the community. These include: • Rebuild a dwelling unit on the subject parcel. A dwelling unit that is removed can be replaced with a new dwelling unit on the same parcel. • Build a dwelling unit on a separate parcel. A dwelling unit that is removed can be replaced with a new dwelling unit, on a different parcel, so long as the new dwelling unit serves as a group home, meets an affordability requirement for a specified period of time, or is offered for sale at or below the fair market value of the unit that removed. • Make a contribution to the City’s Affordable Housing Trust Fund. A dwelling unit that is removed can be mitigated through a contribution to the City’s Affordable Housing Trust Fund. The amount of the contribution was established based on an assessment of the down payment assistance that has been demonstrated as needed for affordable, shared equity housing programs to be functional in the region. Supporting documentation has been provided via letter from Champlain Housing Trust and via email from the Vermont Housing and Conservation Board. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendment would not alter future land uses or densities as envisioned in the City’s Comprehensive Plan. Housing may be retained and any replacement housing would be constructed pursuant to the densities and future land uses established in the current regulations. 4 (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendment would not impact any specific proposals for planned community facilities. B. Modifications to the City Center Form Based Code Brief explanation of the proposed bylaw The proposed amendment would make a series of minor modifications to the City Center Form Based Code. Specifically: • Allow accessory structures of up to 500 s.f. to be located on a site in locations other than along street frontages; • Clarifications to buffer strip requirements between T4 districts and R4 / R7 districts; • Allow for the replacement of pre-existing vinyl siding on a building with new vinyl siding • Apply the list of prohibited exterior materials on buildings to all sides, not only those facing streets, public rights-of-0way, and park spaces; • Clarify allowance for off-site placement of open space in the T4 District; • Allow for pre-approval of open space in a multi-phased project; • Allow for off-site use of landscaping budget where open space is to be located off-site • Clarifications to T3 and T3+ District purpose statement • Allowance for additional building types in the T3 and T3+ districts on small lots • Modify upper-story balcony requirements in the T3 and T3+ Districts • Clarifications of measurement of T4 and T5 District glazing standards; (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The proposed amendments to the Form Based Code closely align with the goals of the City’s Comprehensive Plan. The amendments are relatively minor in nature, but each are consistent with the objectives presented below. “The vision for the Central District is to effectively blend existing neighborhoods, commercial areas, natural areas, underdeveloped properties, and undeveloped lands into the true downtown of South Burlington. Th is downtown will provide increased connectivity through new cross streets; support an integrated mix of housing, retail, and employment; and be a primary focus point for compact, walkable development within the City.” (P. 3-9) “Objective 40. Create a cohesive, diverse, dynamic, and people-oriented City Center with a strong identity and ‘sense of place’ that incorporates harmonious design, an appropriate mix of residential and non-residential uses and public amenities that complement adjoining neighborhoods.” “Strategy 102. Use design review and/or form-based coding to promote the development of aesthetically pleasing, pedestrian-focused and highly functional environments.” 5 “Strategy 4. Implement a variety of tools and programs to foster innovating approaches to preserving and increasing the City’s supply of affordable and moderate income housing, including…. inclusionary zoning…” “Strategy 5. Increase the supply of safe and affordable housing by allowing higher- density, mixed use and mixed-income development with City Center and transit corridors, allowing multi-unit housing within transitional zones between residential neighborhoods and commercial / industrial uses.” The proposed amendments advance the availability of safe and affordable housing by allowing for greater flexibility in the development of small lots in the T3 and T3+ Districts. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The majority of the amendments listed above are minor in nature and would not impact future land uses or densities. The allowance for greater flexibility in small lots in the T3 and T3+ district, however, is consistent with the Comprehensive Plan’s designation of this area as “medium to higher intensity, mixed use”, transitioning to “lower intensity, principally residential.” (3) Carries out, as applicable, any specific proposals for any planned community facilities.” The proposed amendment would not impact any specific proposals for planned community facilities. C. Modifications to height standards in the C1-R12, C1-R15, and C1-Auto Districts and removal of minor rootftop apparatus from height calculations; Brief explanation of the proposed bylaw The proposed amendment would modify the height standards in three South Burlington Zoning districts: the C1-R12, C1-R15, and C1-Auto. Specifically: • Increase maximum height in the districts from 40 feet to five stories and remove associate4d height waiver provisions; • Specify that no building shall be more than 1 story taller than the shortest building on adjacent lands in the Residential 4 District, except where separation exists beyond 75 feet; The amendments would also remove minor rooftop apparatus from the calculation of heights. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The proposed amendment seeks to align the stated goals of the Plan with the effective developability of the parcels in these zones. Current height standards limit the density of housing in areas designated for growth. Furthermore, the zoning districts included in this 6 amendment lie within established transportation corridors. Affordability of housing is often reliant on increased density and a reduction in living expenses, including the costs of transportation. Increased building heights in this corridor, and by extension density, will result in an increase in safe and affordable housing options. Each of the affected zoning districts are located within the Medium-to-Higher Intensity – Mixed Use Future Land Use District in the 2016 Comprehensive Plan. The district is described as follows: “These lands are intended to be the most compact and most intensely developed in the City and support employment. Residential densities are higher than other designations, as a matter of allowance and as a goal. Housing options are varied but focus primarily on multi-family dwellings. Uses should be mixed within the block, and mixed within buildings wherever possible. Infrastructure is efficient, and transportation is emphasized towards pedestrians and cyclists and provision of large scale non-shared parking should be discouraged. Open space are part of the public realm. Building heights, lot coverages, and other building dimensions are higher than other future land use areas.” (p. 3-7) The proposed amendment also affirmatively advances the following objectives and strategies for housing and for this district generally: “Objective 5. Build and reinforce diverse, walkable neighborhoods that offers a good quality of by designing and locating new and renovated housing in a context-sensitive manner that will facilities the development of a high-density City Center, mixed use transit corridors, and compact residential neighborhoods” (p. 2-16)” “Strategy 5. Increase the supple of safe and affordable rental housing by allowing higher- density, mixed use and mixed income development within City Center and transit corridors, allowing multi-unit housing within transitional zones between residential neighborhoods and commercial/industrial land uses.” (p. 2-16) “Objective 39. The majority of new development will occur within the Shelburne Road, Williston Road, and Kennedy Drive Corridors, and other areas within the Transit service area.” (p. 3-4) “East of Victory Drive, land uses are planned to include a mix of residential (on the north side) and non-residential (on the south side. East of Mills Ave, non-residential uses are programmed for both sides of the road. In all of these areas, development should create inviting spaces for residents in nearby neighborhoods to walk to services along Williston Road.” (p. 3-16) “Objective 54. Promote higher-density, mixed use development and redevelopment along Shelburne Road and foster effective transitions to adjacent residential areas.” (p. 3-28) (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendment seeks to align the stated goals of the Plan with the effective developability of the parcels in these zones. Current height standards are directly limiting 7 the density of housing in this corridor; the stated density goals are restrained by building height limitations and the achievable densities fall below the stated goals. Where densities remain achievable, they are too often accomplished with wider buildings that become more land-consumptive and exacerbate issues associated with increased impervious coverage. As described above, the proposed amendment is compatible with the proposed future land uses and densities of the 2016 Comprehensive Plan. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendment would not impact any specific proposals for planned community facilities. D. Establishment of an Urban Design Overlay District within portions of the C1-R12, C1-R15, and C1-Auto Districts; Brief explanation of the proposed bylaw The proposed amendment would create a new overlay zone, the Urban Design Overlay District. This district would generally include properties that front on Shelburne Road as well as a small area of land surrounding the Williston Road/Kennedy Drive intersection. The amendment’s stated purpose is to reflect a design which fosters accessibility in the area. More specifically, the amendment: • Requires entries on the façade of the building served by the primary road in the corridor. This entry is to be regulated as a focal point of the front façade and be an easily recognizable feature of the building, served by a walkway; • Requires a minimum amount of glazing on the principal public façade; • Reduce minimum building setbacks from the road right of way; • Establish ‘nodes’ of activity at designated corridors; • Clarify landscaping requirements for properties in the district, particularly where they abut a residential zoning district. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The stated purpose of the overlay district includes the following language: This Overlay aids the City’s vision for the Southwest quadrant, which is to enable infill and conversion development, encourage pedestrian movement, serve local and regional shopping and employment needs, and make use of existing public transportation. The City strongly envisions that the quadrant will also provide safe and inviting access to adjacent neighborhoods. This infill development, carefully crafted with pedestrian principles and aesthetic consideration, will lead to an increase in new housing that is affordable and will also 8 create more opportunities and a better place for adjacent established neighborhoods that account for a large portion of the City’s most affordable family housing. Each of the affected area are located within the Medium-to-Higher Intensity – Mixed Use Future Land Use District in the 2016 Comprehensive Plan. The district is described as follows: “These lands are intended to be the most compact and most intensely developed in the City and support employment. Residential densities are higher than other designations, as a matter of allowance and as a goal. Housing options are varied but focus primarily on multi-family dwellings. Uses should be mixed within the block, and mixed within buildings wherever possible. Infrastructure is efficient, and transportation is emphasized towards pedestrians and cyclists and provision of large scale non-shared parking should be discouraged. Open space are part of the public realm. Building heights, lot coverages, and other building dimensions are higher than other future land use areas.” (p. 3-7) The proposed amendment also affirmatively advances the following objectives and strategies for housing and for this district generally: “Objective 5. Build and reinforce diverse, walkable neighborhoods that offers a good quality of by designing and locating new and renovated housing in a context-sensitive manner that will facilities the development of a high-density City Center, mixed use transit corridors, and compact residential neighborhoods” (p. 2-16)” “Strategy 5. Increase the supple of safe and affordable rental housing by allowing higher- density, mixed use and mixed income development within City Center and transit corridors, allowing multi-unit housing within transitional zones between residential neighborhoods and commercial/industrial land uses.” (p. 2-16) “Design Review / Form Based Codes. The City has successfully implemented several design review districts within its City Center and is in 2015 working to an evolution to an adopted Form Based Code. This effort has proved successful and it is a concept that is proposed to be explored in other areas of the City. It is in the interest of the City to improve its appearance in order to enhance quality of life for the City’s residents, businesses, and visitors.” (pp. 2-48 – 2-49). “Context-sensitive site design. The City should also encourage the retention of historic landscapes and structures and the restoration of other. The use of additional alternatives to achieve improved aesthetics should be explored, such as requiring variable setbacks, the use of high quality traditional building materials, and locating parking to the rear pf commercial establishments. It has been a trend in many sectors of the retail area to construct cheap structural shells that are easily changed to accommodate market fluctuations. The City should work with the development community to identify tools to improve the quality of life within the City and help foster a true sense of community.” (p. 2-49) 9 “Objective 39. The majority of new development will occur within the Shelburne Road, Williston Road, and Kennedy Drive Corridors, and other areas within the Transit service area.” (p. 3-4) “East of Victory Drive, land uses are planned to include a mix of residential (on the north side) and non-residential (on the south side. East of Mills Ave, non-residential uses are programmed for both sides of the road. In all of these areas, development should create inviting spaces for residents in nearby neighborhoods to walk to services along Williston Road.” (p. 3-16) “Objective 54. Promote higher-density, mixed use development and redevelopment along Shelburne Road and foster effective transitions to adjacent residential areas.” (p. 3-28) (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendment implements the community desires established in the City’s Comprehensive Plan. Specifically, the Plan desires that new development will occur in subject corridors. The corridors subject to the Urban Design Overlay District are encouraged within the Plan to use public transportation services, inspire pedestrian movement, and foster effective transitions to adjacent residential areas. More specifically yet, the Plan advocates for the creation of one or more nodes of concentrated development and public activity in these areas. As described above, the proposed amendment is compatible with the proposed future land uses and densities of the 2016 Comprehensive Plan. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendment would not impact any specific proposals for planned community facilities. E. Modifications to Bicycle Parking standards Brief explanation of the proposed bylaw These minor amendments clarify existing requirements in the design of bike parking facilities, including short term and long-term bike parking. New provisions are included which allow for limited inclusion of pre-existing bike racks in meeting new standards. Location of Amendments in the LDRs: Chapter 13.14 Supplemental Regulations; Appendix G. Analysis & Findings per 24 VSA 4441(c): (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing 10 While the provision of these “end-of-trip” bicycle facilities support the availability of safe and affordable housing by assuring that residents have places to keep bicycles and reduce dependence of vehicle ownership, the included amendments are technical in nature and do not impact the municipal plan or the availability of safe and affordable housing. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendments are not anticipated to affect future land uses or densities. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments are not anticipated to affect planned community facilities. F. Minor Technical Corrections Brief explanation of the proposed bylaw Several minor typographic, numbering, and clarifying changes are proposed throughout the document. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The amendments are technical in nature and do not impact the municipal plan or the availability of safe and affordable housing. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The amendments are technical in nature and do not impact future land uses or densities as discussed in the municipal plan. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The amendments are technical in nature and do not impact specific proposals for any planned community facilities. Revenue Report-February, 2018 General Fund Estimated Received % Budget FY 2018 Account Revenue To Date Received $ (+/-)Received-February Total PROPERTY TAX REVENUE $14,635,417.79 ($10,009,283.74)68.39%$4,626,134.05 ($1,133,015.06) Total LOCAL OPTION TAXES $3,696,658.00 ($2,319,081.45)62.73%$1,377,576.55 ($972,746.00) Total TAX REVENUE $18,332,075.79 ($12,328,365.19)67.25%$6,003,710.60 ($2,105,761.06) Total INTEREST/PENALTY ON TAX $278,800.00 ($67,219.34)24.11%$211,580.66 ($2,235.74) Total CITY MANAGER $443,886.00 ($351,990.72)79.30%$91,895.28 $31,424.00 Total CITY CLERK $225,000.00 ($124,973.86)55.54%$100,026.14 ($17,042.33) Total PLANNING & ZONING $357,700.00 ($236,732.79)66.18%$120,967.21 ($23,028.20) Total FIRE DEPARTMENT $479,000.00 ($247,516.26)51.67%$231,483.74 ($11,603.65) Total ELECTRICAL INSPECTION $75,000.00 ($21,156.00)28.21%$53,844.00 ($5,155.00) Total AMBULANCE $748,000.00 ($489,871.14)65.49%$258,128.86 ($53,730.86) Total POLICE DEPARTMENT $472,188.00 ($133,804.49)28.34%$338,383.51 ($3,679.17) Total PUBLIC SAFETY $1,774,188.00 ($892,347.89)50.30%$881,840.11 ($74,168.68) Total HIGHWAY DEPARTMENT $1,969,769.65 ($836,080.42)42.45%$1,133,689.23 ($13,726.62) Total RED ROCKS PARK $11,000.00 ($9,497.00)86.34%$1,503.00 $0.00 Total FACILITIES $35,000.00 $0.00 0.00%$35,000.00 $0.00 Total SPECIAL ACTIVITIES $713,272.32 ($109,084.18)15.29%$604,188.14 ($16,246.00) Total RECREATION $759,272.32 ($118,581.18)15.62%$640,691.14 ($16,246.00) Total COMMUNITY LIBRARY $25,871.67 ($5,365.10)20.74%$20,506.57 ($962.16) Total GENERAL FUND $24,166,563.43 ($14,961,656.49)61.91%$9,204,906.94 ($2,221,746.79) Revenue Report-February, 2018 General Fund Estimated Received % Budget FY 2018 MTD Account Revenue To Date Received $ (+/-)Received-February TAX REVENUE Tax, Current Budget $14,411,417.79 ($9,930,543.28)68.91%$4,480,874.51 ($1,133,015.06) VT Payment in Lieu of Tax $153,000.00 ($78,740.46)51.46%$74,259.54 $0.00 Taxes, Reappraisal/ACT 60 $71,000.00 $0.00 0.00%$71,000.00 $0.00 Total TAX REVENUE $14,635,417.79 ($10,009,283.74)68.39%$4,626,134.05 ($1,133,015.06) LOCAL OPTION TAXES Local Option Tax-Sales $2,749,000.00 ($1,683,289.72)61.23%$1,065,710.28 ($731,703.60) Local Option Tax-Rooms/Me $947,658.00 ($635,791.73)67.09%$311,866.27 ($241,042.40) Total LOCAL OPTION TAXES $3,696,658.00 ($2,319,081.45)62.73%$1,377,576.55 ($972,746.00) Total TAX REVENUE $18,332,075.79 ($12,328,365.19)67.25%$6,003,710.60 ($2,105,761.06) INTEREST/PENALTY ON TAX Penalty, Current & Prior $125,000.00 ($87,750.84)70.20%$37,249.16 $0.00 Interest, Current & Prior $42,000.00 ($32,079.37)76.38%$9,920.63 ($2,235.74) Abatements/Write-offs $0.00 $58,977.63 100.00%$58,977.63 $0.00 Attorney Fees $2,500.00 ($6,366.76)254.67%($3,866.76)$0.00 Fee to Collect State Educ $93,300.00 $0.00 0.00%$93,300.00 $0.00 Current Use $16,000.00 $0.00 0.00%$16,000.00 $0.00 Total INTEREST/PENALTY ON TAX $278,800.00 ($67,219.34)24.11%$211,580.66 ($2,235.74) CITY MANAGER Administrative Services-W $47,500.00 ($47,500.00)100.00%$0.00 $0.00 Estimated Received % Budget FY 2018 MTD Account Revenue To Date Received $ (+/-)Received-February Administrative Services-S $134,392.00 ($134,392.00)100.00%$0.00 $0.00 Administrative Services-W $150,336.00 ($150,336.00)100.00%$0.00 $0.00 From Sewer-Audit & Actuar $6,214.00 ($6,214.00)100.00%$0.00 $0.00 From SW-Audit & Actuary $3,555.00 ($3,555.00)100.00%$0.00 $0.00 Pension Liab Note-WPC $38,675.00 $0.00 0.00%$38,675.00 $0.00 Pension Liab Note-SW $26,510.00 $0.00 0.00%$26,510.00 $0.00 From Water-Audit $2,100.00 $0.00 0.00%$2,100.00 $0.00 Admin Svc Fee Fund 240 $31,424.00 $0.00 0.00%$31,424.00 $31,424.00 From WPC-Payroll, Testing $700.00 ($700.00)100.00%$0.00 $0.00 From SW-Payroll, Testing $480.00 ($480.00)100.00%$0.00 $0.00 Solar Credits $0.00 ($8,375.03)100.00%($8,375.03)$0.00 CIGNA/VLCT Insur Rebate $0.00 ($25.69)100.00%($25.69)$0.00 Miscellaneous $2,000.00 ($413.00)20.65%$1,587.00 $0.00 Total CITY MANAGER $443,886.00 ($351,990.72)79.30%$91,895.28 $31,424.00 CITY CLERK Recording Fees $135,000.00 ($76,874.00)56.94%$58,126.00 ($7,251.00) Photocopy Fees $26,000.00 ($16,064.60)61.79%$9,935.40 ($1,795.80) Photocopies-Vital Records $5,000.00 ($2,124.00)42.48%$2,876.00 ($261.00) Pet Licenses $22,000.00 ($8,842.57)40.19%$13,157.43 ($4,021.00) Pet Control Fees $4,000.00 ($735.00)18.38%$3,265.00 $0.00 Beverage/Cabaret License $8,200.00 ($5,915.00)72.13%$2,285.00 ($2,335.00) Entertainment Permits $1,000.00 ($10.00)1.00%$990.00 $0.00 Marriage Licenses $1,500.00 ($680.00)45.33%$820.00 ($50.00) Green Mountain Passports $300.00 ($182.00)60.67%$118.00 ($4.00) Motor Vehicle Renewals $1,000.00 ($351.00)35.10%$649.00 ($30.00) Interest on Investments $21,000.00 ($13,195.69)62.84%$7,804.31 ($1,294.53) Total CITY CLERK $225,000.00 ($124,973.86)55.54%$100,026.14 ($17,042.33) Estimated Received % Budget FY 2018 MTD Account Revenue To Date Received $ (+/-)Received-February PLANNING Building & Sign Permits $250,000.00 ($167,837.29)67.13%$82,162.71 ($18,477.20) Bianchi Ruling $9,000.00 ($9,336.00)103.73%($336.00)($753.00) Zoning and Planning $95,000.00 ($57,249.50)60.26%$37,750.50 ($3,548.00) Sewer Inspection Fees $2,500.00 ($1,750.00)70.00%$750.00 ($250.00) Peddlers' Permits $1,200.00 ($560.00)46.67%$640.00 $0.00 Total PLANNING $357,700.00 ($236,732.79)66.18%$120,967.21 ($23,028.20) FIRE DEPARTMENT Outside Employment $4,000.00 ($407.00)10.18%$3,593.00 ($243.50) Fire Inspection Revenue $475,000.00 ($247,109.26)52.02%$227,890.74 ($11,360.15) Total FIRE DEPARTMENT $479,000.00 ($247,516.26)51.67%$231,483.74 ($11,603.65) ELECTRICAL INSPECTION Electrical Inspection-Rev $75,000.00 ($21,156.00)28.21%$53,844.00 ($5,155.00) Total ELECTRICAL INSPECTION $75,000.00 ($21,156.00)28.21%$53,844.00 ($5,155.00) AMBULANCE Tax Revenues $155,000.00 ($155,000.00)100.00%$0.00 $0.00 Ambulance Service Billing $575,000.00 ($326,257.77)56.74%$248,742.23 ($53,279.71) Grand Isle Billing $6,000.00 ($3,872.50)64.54%$2,127.50 ($451.15) Miscellaneous Income $12,000.00 ($4,740.87)39.51%$7,259.13 $0.00 Total AMBULANCE $748,000.00 ($489,871.14)65.49%$258,128.86 ($53,730.86) POLICE DEPARTMENT Vermont District Court $60,000.00 ($10,331.06)17.22%$49,668.94 ($700.50) Traffic Safety Grant $7,500.00 $0.00 0.00%$7,500.00 $0.00 Estimated Received % Budget FY 2018 MTD Account Revenue To Date Received $ (+/-)Received-February Sale of Cruisers/Bequest $3,000.00 ($2,780.00)92.67%$220.00 $0.00 Police Reports $7,500.00 ($3,607.00)48.09%$3,893.00 ($290.00) I.C.A.C.$2,000.00 ($1,828.60)91.43%$171.40 $0.00 SHARP $0.00 ($21,270.43)100.00%($21,270.43)$0.00 Drug Task Force Grant $115,000.00 $0.00 0.00%$115,000.00 $0.00 Parking Tickets $0.00 ($215.00)100.00%($215.00)($10.00) Alarm Registrations $12,000.00 ($7,380.00)61.50%$4,620.00 ($1,170.00) Alarm Fines $2,500.00 ($790.00)31.60%$1,710.00 ($120.00) Off Duty Police $20,000.00 ($28,162.98)140.81%($8,162.98)($1,253.17) Bullet Proof Vest Grant $3,500.00 $0.00 0.00%$3,500.00 $0.00 COPS Grant $2,500.00 $0.00 0.00%$2,500.00 $0.00 Police Impact Fees $110,000.00 $0.00 0.00%$110,000.00 $0.00 3rd Floor Lease Revenue $101,688.00 ($51,143.10)50.29%$50,544.90 $0.00 Solar Credits $0.00 ($3,466.65)100.00%($3,466.65)$0.00 Miscellaneous - Police $5,000.00 ($2,829.67)56.59%$2,170.33 ($135.50) Xfer In-Fund 207 $20,000.00 $0.00 0.00%$20,000.00 $0.00 Total POLICE DEPARTMENT $472,188.00 ($133,804.49)28.34%$338,383.51 ($3,679.17) HIGHWAY DEPARTMENT Road Opening Permits $110,000.00 ($48,385.00)43.99%$61,615.00 ($700.00) Overweight truck permits $2,500.00 ($405.00)16.20%$2,095.00 ($235.00) Highway State Aid $225,000.00 ($127,203.26)56.53%$97,796.74 $0.00 Class II Paving Grant $771,000.00 $0.00 0.00%$771,000.00 $0.00 Fuel Pump Surcharge $6,000.00 ($3,870.20)64.50%$2,129.80 ($389.83) HazMat Facility Lease $24,000.00 ($17,300.95)72.09%$6,699.05 $0.00 School Bus Parts Reimbure $32,500.00 ($26,267.08)80.82%$6,232.92 ($2,828.65) School gas/diesel reimbur $150,000.00 ($70,431.78)46.95%$79,568.22 ($8,723.56) School vehicle repair pay $10,000.00 $0.00 0.00%$10,000.00 $0.00 Salary Reimbursement-WPC $280,543.46 ($280,543.46)100.00%$0.00 $0.00 FICA Reimbursement-WPC $22,944.08 ($22,944.08)100.00%$0.00 $0.00 Estimated Received % Budget FY 2018 MTD Account Revenue To Date Received $ (+/-)Received-February Pension Reimbursement-WPC $85,518.82 ($85,518.82)100.00%$0.00 $0.00 Benefits Reimbursement-WP $78,218.44 ($78,218.44)100.00%$0.00 $0.00 Salary Reimbursement-SW $18,772.43 ($18,772.43)100.00%$0.00 $0.00 Benefits Reimbursement-SW $10,429.12 ($10,429.12)100.00%$0.00 $0.00 Reimburse from Fund 265 $8,343.30 ($8,343.30)100.00%$0.00 $0.00 Highway Impact Fee-RT 2 $104,000.00 $0.00 0.00%$104,000.00 $0.00 Hgwy Misc Revenue $30,000.00 ($37,447.50)124.83%($7,447.50)($849.58) Total HIGHWAY DEPARTMENT $1,969,769.65 ($836,080.42)42.45%$1,133,689.23 ($13,726.62) RECREATION RED ROCKS PARK Red Rocks Gate Receipts $11,000.00 ($9,497.00)86.34%$1,503.00 $0.00 Total RED ROCKS PARK $11,000.00 ($9,497.00)86.34%$1,503.00 $0.00 FACILITIES J/C Park Rentals $35,000.00 $0.00 0.00%$35,000.00 $0.00 Total FACILITIES $35,000.00 $0.00 0.00%$35,000.00 $0.00 SPECIAL ACTIVITIES Great Escape Ticket Sales $6,545.00 ($6,321.00)96.58%$224.00 $0.00 Aternoon Skiing/Middle Sc $0.00 ($10,590.00)100.00%($10,590.00)$0.00 Youth Programs $98,000.00 ($63,239.00)64.53%$34,761.00 ($13,304.00) Adult Evening Classes $41,000.00 ($14,241.00)34.73%$26,759.00 ($2,942.00) City Fest $0.00 ($7,173.18)100.00%($7,173.18)$0.00 Recreation Impact Fees $181,866.00 $0.00 0.00%$181,866.00 $0.00 Debt Proceeds $246,500.00 $0.00 0.00%$246,500.00 $0.00 Xfer In-Fund 309 $139,361.32 $0.00 0.00%$139,361.32 $0.00 Bikes and Bites $0.00 ($7,520.00)100.00%($7,520.00)$0.00 Estimated Received % Budget FY 2018 MTD Account Revenue To Date Received $ (+/-)Received-February Total SPECIAL ACTIVITIES $713,272.32 ($109,084.18)15.29%$604,188.14 ($16,246.00) Total RECREATION $759,272.32 ($118,581.18)15.62%$640,691.14 ($16,246.00) COMMUNITY LIBRARY Grants $0.00 ($635.00)100.00%($635.00)$0.00 Library Lost Books $1,200.00 ($352.48)29.37%$847.52 ($218.31) Fines and Fees $3,800.00 ($2,249.40)59.19%$1,550.60 ($253.00) Non-Resident Fees $700.00 ($690.00)98.57%$10.00 ($350.00) Libriary Copies and Print $2,200.00 ($1,438.22)65.37%$761.78 ($140.85) Xfer in-Fund 603 $14,971.67 $0.00 0.00%$14,971.67 $0.00 Blanchette Gift Trsf In $3,000.00 $0.00 0.00%$3,000.00 $0.00 Total COMMUNITY LIBRARY $25,871.67 ($5,365.10)20.74%$20,506.57 ($962.16) Total GENERAL FUND $24,166,563.43 ($14,961,656.49)61.91%$9,204,906.94 ($2,221,746.79) Total All Funds $24,166,563.43 ($14,961,656.49)61.91%$9,204,906.94 ($2,221,746.79) Revenue Report-February, 2018 Sewer Fund Estimated Received % Budget FY 2018 MTD Account Revenue To Date Received $ (+/-)Received-February WATER POLLUTION CONTROL CHARGES FOR SERVICES W.P.C. User Fees $3,500,000.00 ($2,368,990.60)67.69%$1,131,009.40 ($220,588.92) W.P.C. Truck Charges $10,000.00 ($4,006.62)40.07%$5,993.38 $0.00 Connection Fees $300,000.00 ($203,211.54)67.74%$96,788.46 ($9,875.29) Total CHARGES FOR SERVICES $3,810,000.00 ($2,576,208.76)67.62%$1,233,791.24 ($230,464.21) BOND AND LOAN PROCEEDS Colchester A/P Pkwy Pmt $742,310.00 $0.00 0.00%$742,310.00 $0.00 GF Note Repay-Solar $166,000.00 $0.00 0.00%$166,000.00 $0.00 Total BOND AND LOAN PROCEEDS $908,310.00 $0.00 0.00%$908,310.00 $0.00 MISCELLANEOUS Miscellaneous Rev.-W.P.C.$4,000.00 ($217.50)5.44%$3,782.50 $0.00 Total MISCELLANEOUS $4,000.00 ($217.50)5.44%$3,782.50 $0.00 Total OPERATING TRANSFERS IN $4,722,310.00 ($2,576,426.26)54.56%$2,145,883.74 ($230,464.21) Total ENTERPRISE FUND/W.P.C.$4,722,310.00 ($2,576,426.26)54.56%$2,145,883.74 ($230,464.21) Total All Funds $4,722,310.00 ($2,576,426.26)54.56%$2,145,883.74 ($230,464.21) Revenue Report-February, 2018 Stormwater Fund Estimated Received % Budget FY 2018 MTD Account Revenue To Date Received $ (+/-)Received-February S/WATER UTILITIES REVENUE Intergovernmental Revenue $80,000.00 $0.00 0.00%$80,000.00 $0.00 S/W User Fees - Water Bil $2,066,764.00 ($1,340,247.91)64.85%$726,516.09 ($98,703.52) Payment from GF re: GIS $38,000.00 $0.00 0.00%$38,000.00 $0.00 SW Grants $940,000.00 ($944,241.94)100.45%($4,241.94)$0.00 Stormwater Miscellaneous $1,000.00 ($107,555.09)10755.51%($106,555.09)$0.00 Total S/WATER UTILITIES REVENUE $3,125,764.00 ($2,392,044.94)76.53%$733,719.06 ($98,703.52) Total STORM WATER UTILITIES $3,125,764.00 ($2,392,044.94)76.53%$733,719.06 ($98,703.52) Total All Funds $3,125,764.00 ($2,392,044.94)76.53%$733,719.06 ($98,703.52) Expenditure Report-February, 2018 General Fund Year-to-Date % Budget FY 2018 Account Budget Expenditures Expended $ (+/-)Paid February Total CITY COUNCIL $296,399.00 $120,534.00 40.67%$175,865.00 $26,928.00 Total ADMINISTRATIVE INSURANCE $4,079,643.05 $2,327,943.63 57.06%$1,751,699.42 $36,695.72 Total CITY MANAGER $633,992.30 $392,172.15 61.86%$241,820.15 $53,184.63 Total LEGAL, ACCOUNTING, ACTUARY $271,386.17 $209,142.48 77.06%$62,243.69 $26,832.83 Total ADMINISTRATIVE SERVICES $720,993.10 $410,942.11 57.00%$310,050.99 $19,050.04 Total INFORMATION TECHNOLOGY $122,739.40 $77,880.87 63.45%$44,858.53 $6,937.63 Total CITY CLERK $251,734.18 $140,718.47 55.90%$111,015.71 $16,790.86 Total ASSESSING/TAX/FINANCE $313,713.59 $202,227.59 64.46%$111,486.00 $24,768.24 Total PLANNING/DESIGN REVIEW $414,356.90 $234,289.60 56.54%$180,067.30 $25,194.49 Total OPERATING TRANSFERS OUT $469,200.00 $448,200.00 100.00%$0.00 $561.84 Total GENERAL GOVERNMENT EXP.$7,574,157.69 $4,564,050.90 60.26%$2,989,106.79 $236,944.28 Total FIRE DEPARTMENT $2,659,158.75 $1,861,863.57 70.02%$797,295.18 $259,839.55 Total ELECTRICAL INSPECTIONS $2,700.00 $1,905.19 70.56%$794.81 $281.11 Total AMBULANCE $746,933.26 $590,936.40 79.12%$155,996.86 $68,378.74 Total POLICE DEPARTMENT $4,921,066.57 $2,855,382.18 58.02%$2,065,684.39 $323,954.44 Total PUBLIC SAFETY $8,329,858.58 $5,310,087.34 63.75%$3,019,771.24 $652,453.84 Total OPERATING TRANSFERS OUT $860,000.00 $875,317.73 99.36%$5,682.27 ($1,855.35) Total HIGHWAY DEPARTMENT $3,372,871.58 $1,782,421.88 52.85%$1,590,449.70 $282,166.02 Total RECREATION ADMINISTRATION $341,167.09 $234,474.13 68.73%$106,692.96 $17,262.59 Total PROGRAMS $30,500.00 $14,846.00 48.68%$15,654.00 $9,438.67 Total RED ROCKS PARK $19,963.00 $10,707.77 53.64%$9,255.23 $0.00 Year-to-Date % Budget FY 2018 Account Budget Expenditures Expended $ (+/-)Paid February Total FACILITIES $641,107.50 $10,669.76 1.66%$630,437.74 $0.00 Total LEISURE ARTS $3,600.00 $3,600.00 100.00%$0.00 ($75.00) Total SPECIAL ACTIVITIES $116,300.00 $115,279.67 257.57%$1,020.33 ($6,258.27) Total COMMUNITY LIBRARY $488,379.12 $249,604.60 51.11%$238,774.52 $21,755.03 Total CAPITAL/PARK MAINTENANCE $235,327.87 $147,321.87 62.60%$88,006.00 ($6,059.65) Total CULTURE AND RECREATION $1,876,344.58 $786,503.80 41.92%$1,089,840.78 $36,063.37 Total OTHER OPERATING ENTITIES $683,764.00 $475,131.51 69.49%$208,632.49 $0.00 Total CURRENT PRINCIPAL $861,966.00 $723,589.00 83.95%$138,377.00 $0.00 Total CURRENT INTEREST $607,601.00 $105,623.18 17.38%$501,977.82 $0.00 Total All Funds $24,166,563.43 $14,622,725.34 60.51%$9,543,838.09 $1,205,772.16 Expenditure Report-February, 2018 General Fund Year-to-Date % Budget FY 2018 Account Budget Expenditures Expended $ (+/-)Paid February GENERAL GOVERNMENT EXP. CITY COUNCIL General Expenses $2,500.00 $2,452.00 98.08%$48.00 $1,031.00 Housing Trust $50,000.00 $0.00 0.00%$50,000.00 $0.00 Designated Reserve $150,000.00 $0.00 0.00%$150,000.00 $0.00 Advertising $3,000.00 $2,860.00 95.33%$140.00 $126.00 G.B.I.C.$5,000.00 $5,000.00 100.00%$0.00 $0.00 V.L.C.T.$21,344.00 $42,782.00 200.44%($21,438.00)$21,391.00 Chamber of Commerce $4,035.00 $3,600.00 89.22%$435.00 $0.00 Social Services $40,600.00 $39,300.00 96.80%$1,300.00 $0.00 CCTV-Clickable Meetings $10,000.00 $10,000.00 100.00%$0.00 $0.00 Councilors $5,480.00 $5,480.00 100.00%$0.00 $0.00 Liquor Control $300.00 $300.00 100.00%$0.00 $0.00 Front Porch Forum $4,140.00 $8,760.00 211.59%($4,620.00)$4,380.00 Total CITY COUNCIL $296,399.00 $120,534.00 40.67%$175,865.00 $26,928.00 ADMINISTRATIVE INSURANCE Salaries $116,684.39 $73,451.31 62.95%$43,233.08 $7,727.23 Payment to Sickbank Fund $125,000.00 $125,000.00 100.00%$0.00 $0.00 ADP Timeclock Charge $2,400.00 $0.00 0.00%$2,400.00 $0.00 Fringe Benefits $18,975.00 $12,279.94 64.72%$6,695.06 $2,378.34 FICA/Medicare $8,926.36 $5,773.49 64.68%$3,152.87 $643.21 Non-Taxable Fringe Benefi $0.00 $0.00 0.00%$0.00 ($529.00) Vision Plan $14,233.25 $8,373.42 58.83%$5,859.83 $1,019.29 Short Term Disability Pla $28,985.20 $12,607.36 43.50%$16,377.84 $0.00 Group Health Insurance $1,854,765.00 $1,295,215.07 69.83%$559,549.93 $13,520.93 Year-to-Date % Budget FY 2018 Account Budget Expenditures Expended $ (+/-)Paid February Bank - Benefits $18,000.00 $21,746.81 120.82%($3,746.81)$419.85 Group Life Insurance $16,718.00 $25,729.04 153.90%($9,011.04)$0.00 Group Dental Insurance $116,422.60 $81,410.07 69.93%$35,012.53 $0.00 Dental Sick Bank $0.00 $0.00 0.00%$0.00 ($380.47) Pension $1,043,549.25 $76,734.13 7.35%$966,815.12 $0.00 ICMA Match $148,221.00 $121,269.35 81.82%$26,951.65 $11,896.34 Workers Comp Insurance $341,445.00 $265,046.09 77.62%$76,398.91 $0.00 Property Insurance $206,818.00 $194,322.17 93.96%$12,495.83 $0.00 VLCT Unemployment Insuran $8,500.00 $6,485.38 76.30%$2,014.62 $0.00 Deductibles/Coinsurance $10,000.00 $2,500.00 25.00%$7,500.00 $0.00 Total ADMINISTRATIVE INSURANCE $4,079,643.05 $2,327,943.63 57.06%$1,751,699.42 $36,695.72 CITY MANAGER City Mgr.Salaries-Perm.$503,905.71 $301,912.79 59.91%$201,992.92 $40,872.25 Leave Time Turn-In $4,437.80 $0.00 0.00%$4,437.80 $0.00 FICA/Medicare $38,548.79 $23,527.57 61.03%$15,021.22 $3,233.69 Office Supplies $4,600.00 $1,382.47 30.05%$3,217.53 $70.19 Advertising $10,000.00 $8,312.30 83.12%$1,687.70 $1,165.00 Telephone $2,500.00 $1,933.26 77.33%$566.74 $272.61 Postage $1,500.00 $1,474.55 98.30%$25.45 $1,474.55 Dues and Subscriptions $2,500.00 $2,602.60 104.10%($102.60)$133.97 Printing $3,000.00 $191.95 6.40%$2,808.05 $0.00 Consulting Fees $55,000.00 $47,706.45 86.74%$7,293.55 $5,484.01 Travel & Training $8,000.00 $3,128.21 39.10%$4,871.79 $478.36 Total CITY MANAGER $633,992.30 $392,172.15 61.86%$241,820.15 $53,184.63 LEGAL, ACCOUNTING, ACTUARY FICA/Medicare $7,339.89 $285.58 3.89%$7,054.31 $0.00 Dues and Subscriptions $4,100.00 $3,183.26 77.64%$916.74 $376.52 Year-to-Date % Budget FY 2018 Account Budget Expenditures Expended $ (+/-)Paid February Hiring-required testing $1,000.00 $639.50 63.95%$360.50 $0.00 Payroll Processing Fees $20,000.00 $13,392.13 66.96%$6,607.87 $2,041.88 Appeals/Abatements $10,000.00 $7,646.24 76.46%$2,353.76 $597.96 Gen Govt. Actuaries/Pensi $22,000.00 $22,150.00 100.68%($150.00)$0.00 Gen Govt. Audit/Accountin $26,000.00 $24,400.00 93.85%$1,600.00 $4,900.00 Legal/Labor/Suits $85,000.00 $74,913.95 88.13%$10,086.05 $10,941.77 Legal Costs $95,946.28 $62,531.82 65.17%$33,414.46 $7,974.70 Total LEGAL, ACCOUNTING, ACTUARY $271,386.17 $209,142.48 77.06%$62,243.69 $26,832.83 ADMINISTRATIVE SERVICES Muni Bld Cleaning Supplie $1,500.00 $996.24 66.42%$503.76 $0.00 Vehicle - Maintenance $2,500.00 $1,688.49 67.54%$811.51 $122.10 Office Equipment Fees $12,000.00 $5,712.35 47.60%$6,287.65 $20.00 Muni Bld Cleaning Service $27,000.00 $18,901.47 70.01%$8,098.53 $387.91 City Hall Maintenance $20,000.00 $14,418.26 72.09%$5,581.74 $0.00 Contingency Fund-Infrastr $140,000.00 $93,677.88 66.91%$46,322.12 $17,096.77 HVAC Maintenance $1,450.00 $1,250.50 86.24%$199.50 $336.00 Positive Pay Fee $800.00 $511.80 63.98%$288.20 $61.72 Electricity-City Hall $30,000.00 $17,099.09 57.00%$12,900.91 $0.00 Utilities-City Hall $20,000.00 $8,697.19 43.49%$11,302.81 $0.00 Street Lights $142,000.00 $84,015.28 59.17%$57,984.72 $98.68 Stormwater User Rent $306,000.00 $155,803.41 50.92%$150,196.59 $0.00 Urban Art Project Park $1,500.00 $0.00 0.00%$1,500.00 $0.00 Emergency Mgmt Center $1,500.00 $0.00 0.00%$1,500.00 $0.00 Generator Prevent Maint.$1,500.00 $604.00 40.27%$896.00 $0.00 Council/Board Secretary $13,243.10 $7,566.15 57.13%$5,676.95 $926.86 Total ADMINISTRATIVE SERVICES $720,993.10 $410,942.11 57.00%$310,050.99 $19,050.04 INFORMATION TECHNOLOGY Year-to-Date % Budget FY 2018 Account Budget Expenditures Expended $ (+/-)Paid February IT Staff $56,422.40 $38,526.60 68.28%$17,895.80 $4,675.20 FICA/Medicare $4,317.00 $3,024.72 70.07%$1,292.28 $375.63 Computer Software $20,700.00 $12,915.52 62.39%$7,784.48 $518.87 IT Utility Services $17,800.00 $7,380.97 41.47%$10,419.03 $450.00 Computer Hardware $18,500.00 $14,791.81 79.96%$3,708.19 $626.68 IT Service $5,000.00 $1,241.25 24.83%$3,758.75 $291.25 Total INFORMATION TECHNOLOGY $122,739.40 $77,880.87 63.45%$44,858.53 $6,937.63 CITY CLERK City Clerk Salaries-Perm.$197,276.81 $116,959.99 59.29%$80,316.82 $13,574.00 Leave Time Turn-In $3,055.37 $0.00 0.00%$3,055.37 $0.00 Overtime $1,000.00 $295.97 29.60%$704.03 $0.00 FICA/Medicare $15,402.00 $9,513.20 61.77%$5,888.80 $1,240.72 General Supplies $2,500.00 $1,195.88 47.84%$1,304.12 $154.46 Animal Control $4,700.00 $2,403.80 51.14%$2,296.20 $876.00 Election Expenses $8,500.00 $156.95 1.85%$8,343.05 $0.00 Telephone $400.00 $113.72 28.43%$286.28 $16.42 Postage $1,500.00 $0.00 0.00%$1,500.00 $0.00 Dues and Subscriptions $350.00 $160.00 45.71%$190.00 $0.00 Printing $350.00 $198.76 56.79%$151.24 $0.00 Contractual Services $4,000.00 $4,000.00 100.00%$0.00 $0.00 Board of Civil Authority $2,000.00 $0.00 0.00%$2,000.00 $0.00 Election Workers $2,500.00 $0.00 0.00%$2,500.00 $0.00 BCA Appeals/Abatements $500.00 $0.00 0.00%$500.00 $0.00 Office Equip Maintenance $2,000.00 $2,356.28 117.81%($356.28)$805.26 Travel & Training $4,200.00 $3,239.92 77.14%$960.08 $0.00 Photocopier Lease Prin $1,500.00 $124.00 8.27%$1,376.00 $124.00 Total CITY CLERK $251,734.18 $140,718.47 55.90%$111,015.71 $16,790.86 Year-to-Date % Budget FY 2018 Account Budget Expenditures Expended $ (+/-)Paid February ASSESSING/TAX Assessing/Tax Sal.-Perm.$273,955.59 $173,520.88 63.34%$100,434.71 $21,072.02 Overtime $0.00 $699.59 100.00%($699.59)$0.00 FICA/Medicare $20,958.00 $14,646.47 69.88%$6,311.53 $1,771.07 Office Supplies $1,900.00 $1,150.69 60.56%$749.31 $119.91 Tax Sales Advertising $500.00 $0.00 0.00%$500.00 $0.00 Telephone $300.00 $150.14 50.05%$149.86 $21.68 Postage $6,500.00 $2,835.84 43.63%$3,664.16 $0.00 Dues and Memberships $750.00 $190.00 25.33%$560.00 $0.00 Printing $3,500.00 $4,475.96 127.88%($975.96)$0.00 NEMRC/APEX $1,350.00 $2,753.92 203.99%($1,403.92)$1,376.96 Travel & Training $4,000.00 $1,804.10 45.10%$2,195.90 $406.60 Total ASSESSING/TAX $313,713.59 $202,227.59 64.46%$111,486.00 $24,768.24 PLANNING/DESIGN REVIEW Planning Salaries-Perm.$298,489.90 $188,509.73 63.15%$109,980.17 $22,960.02 Overtime $6,300.00 $2,535.44 40.25%$3,764.56 $303.11 FICA/Medicare $23,317.00 $15,077.87 64.66%$8,239.13 $1,873.62 Office Supplies $3,000.00 $2,069.49 68.98%$930.51 $42.50 Public Meeting Advertisin $4,000.00 $1,668.80 41.72%$2,331.20 $0.00 Telephone $350.00 $79.60 22.74%$270.40 $11.49 Postage $1,000.00 $0.00 0.00%$1,000.00 $0.00 Dues and Subscriptions $1,500.00 $0.00 0.00%$1,500.00 $0.00 Document Printing $2,000.00 $1,004.21 50.21%$995.79 $0.00 Consultants $55,000.00 $12,626.59 22.96%$42,373.41 $0.00 Committee Support $2,900.00 $204.92 7.07%$2,695.08 $0.00 Payment for GIS Services $2,500.00 $0.00 0.00%$2,500.00 $0.00 PC/DRB Stipends $8,500.00 $8,610.41 101.30%($110.41)$0.00 Travel & Training $5,500.00 $1,902.54 34.59%$3,597.46 $3.75 Year-to-Date % Budget FY 2018 Account Budget Expenditures Expended $ (+/-)Paid February Total PLANNING/DESIGN REVIEW $414,356.90 $234,289.60 56.54%$180,067.30 $25,194.49 OPERATING TRANSFERS OUT Ambulance Department $155,000.00 $155,000.00 100.00%$0.00 $0.00 Fuel Pump Reserve Fund $8,200.00 $8,200.00 100.00%$0.00 $0.00 Open Space Reserve Fund $285,000.00 $285,000.00 100.00%$0.00 $0.00 To undesignated reserve f $0.00 $0.00 0.00%$0.00 $561.84 Total OPERATING TRANSFERS OUT $448,200.00 $448,200.00 100.00%$0.00 $561.84 Total GENERAL GOVERNMENT EXP.$7,553,157.69 $4,564,050.90 60.43%$2,989,106.79 $236,944.28 PUBLIC SAFETY FIRE DEPARTMENT Fire Salaries-Permanent $1,639,591.27 $944,203.72 57.59%$695,387.55 $104,839.70 Holiday Pay $166,540.00 $177,666.18 106.68%($11,126.18)$8,694.30 Fair Labor Standard O/T $118,544.88 $3,235.59 2.73%$115,309.29 $0.00 F/D Overtime - Fill-In $120,000.00 $198,091.50 165.08%($78,091.50)$32,031.28 F/D Overtime - Training $39,500.00 $33,162.34 83.96%$6,337.66 $4,408.47 F/D Overtime - Emerg Call $7,000.00 $2,668.49 38.12%$4,331.51 $249.38 Wellness/Fitness $7,000.00 $4,900.00 70.00%$2,100.00 $0.00 Fire-Off Duty Outside Emp $3,000.00 $820.00 27.33%$2,180.00 $0.00 Payment to Sick Bank Fund $3,600.00 $0.00 0.00%$3,600.00 $0.00 New Employee Training $7,500.00 $0.00 0.00%$7,500.00 $0.00 FICA/Medicare $167,362.60 $110,806.13 66.21%$56,556.47 $12,084.79 Office Supplies $2,000.00 $1,017.49 50.87%$982.51 $113.96 Oxygen $0.00 $0.00 0.00%$0.00 ($38.84) Medical Equipment $0.00 $0.00 0.00%$0.00 ($43.49) Vaccinations-HEP $1,000.00 $0.00 0.00%$1,000.00 $0.00 REHAB Supplies $300.00 $59.63 19.88%$240.37 $0.00 Station Operating Supply $4,500.00 $625.38 13.90%$3,874.62 $23.54 Year-to-Date % Budget FY 2018 Account Budget Expenditures Expended $ (+/-)Paid February Maintenance Tools $420.00 $76.13 18.13%$343.87 $0.00 Uniforms-Career $19,000.00 $18,848.01 99.20%$151.99 $174.00 Firefighting Clothing $12,000.00 $7,577.75 63.15%$4,422.25 $517.00 Vehicle Tools $1,000.00 $170.05 17.01%$829.95 $0.00 Gas Chief's vehicle & rei $3,200.00 $1,300.97 40.66%$1,899.03 $166.46 Diesel Fuel $18,000.00 $10,952.16 60.85%$7,047.84 $1,581.25 Oil $600.00 $0.00 0.00%$600.00 $0.00 Films and Books $1,000.00 $238.32 23.83%$761.68 $0.00 Fire Prevention Materials $2,500.00 $358.63 14.35%$2,141.37 $0.00 Fire Extinguishers $600.00 $360.00 60.00%$240.00 $0.00 Airpacks Maintenance $4,500.00 $3,894.51 86.54%$605.49 $1,342.54 Telephone $14,000.00 $7,125.91 50.90%$6,874.09 $459.72 Postage-Tool Shipping $450.00 $253.32 56.29%$196.68 $41.58 Dues and Subscriptions $1,500.00 $312.70 20.85%$1,187.30 $18.85 Contractural Services $0.00 $0.00 0.00%$0.00 ($1,137.50) Fire Station Maintenance $14,000.00 $10,625.43 75.90%$3,374.57 $1,179.11 HVAC Maintenance $0.00 $3,410.00 100.00%($3,410.00)$2,508.00 Laundry and Bedding $900.00 $0.00 0.00%$900.00 $0.00 Radio Repair $1,500.00 $0.00 0.00%$1,500.00 $0.00 Vehicle Maintenance $16,000.00 $7,618.02 47.61%$8,381.98 $188.53 Vehicle Repair $20,000.00 $32,379.62 161.90%($12,379.62)$5,775.44 Equipment R & M $7,500.00 $3,372.62 44.97%$4,127.38 $639.95 Truck Tires $5,200.00 $4,174.64 80.28%$1,025.36 $0.00 Computers Contract ACS $4,500.00 $2,402.79 53.40%$2,097.21 $0.00 Public Safety Equipment $0.00 $2,147.35 100.00%($2,147.35)$0.00 Conferences $1,000.00 $151.94 15.19%$848.06 $0.00 Training Schools $7,600.00 $3,319.34 43.68%$4,280.66 $112.74 Training Equipment $750.00 $1,365.79 182.11%($615.79)$511.40 Recruiting & Testing $1,000.00 $3,507.85 350.79%($2,507.85)$857.50 Fire Station #2 Heat/Elec $12,500.00 $11,202.91 89.62%$1,297.09 $177.89 Fire Safety Equipment $32,000.00 $0.00 0.00%$32,000.00 $0.00 Year-to-Date % Budget FY 2018 Account Budget Expenditures Expended $ (+/-)Paid February F/D Furniture/Equipment $2,500.00 $0.00 0.00%$2,500.00 $0.00 Firefighting Equipment-ho $12,500.00 $12,098.36 96.79%$401.64 $0.00 Public Safety Communicati $0.00 $82,500.00 100.00%($82,500.00)$82,500.00 Note on Quint Fire Truck $153,000.00 $152,862.00 99.91%$138.00 ($138.00) Copier $500.00 $0.00 0.00%$500.00 $0.00 Total FIRE DEPARTMENT $2,659,158.75 $1,861,863.57 70.02%$797,295.18 $259,839.55 ELECTRICAL INSPECTIONS Uniforms-Electrical Insp $500.00 $79.98 16.00%$420.02 $0.00 Vehicle-Gas and Repairs $1,200.00 $1,525.22 127.10%($325.22)$81.12 Dues and Subscriptions $250.00 $0.00 0.00%$250.00 $0.00 Training Costs $500.00 $100.00 20.00%$400.00 $0.00 Equipment Purchase $250.00 $199.99 80.00%$50.01 $199.99 Total ELECTRICAL INSPECTIONS $2,700.00 $1,905.19 70.56%$794.81 $281.11 AMBULANCE Permanent Salaries $381,171.16 $291,873.99 76.57%$89,297.17 $38,394.33 EMT Pay $84,602.52 $48,252.38 57.03%$36,350.14 $5,576.98 Holiday Pay $45,420.00 $49,816.73 109.68%($4,396.73)$964.98 Fair Labor Standard OT $29,180.74 $16,902.24 57.92%$12,278.50 $2,260.68 Overtime Fill-In $25,000.00 $50,182.94 200.73%($25,182.94)$11,824.79 Overtime - Training $12,000.00 $8,266.85 68.89%$3,733.15 $1,402.77 Overtime - Emergency Call $5,000.00 $728.50 14.57%$4,271.50 $229.56 Wellness $1,500.00 $1,515.00 101.00%($15.00)$0.00 FICA/MEDI $39,908.84 $34,032.80 85.28%$5,876.04 $4,443.64 Office Supplies $2,000.00 $77.98 3.90%$1,922.02 $0.00 Medical Supplies-Disposab $28,800.00 $29,916.29 103.88%($1,116.29)$313.48 Medical Supplies-Oxygen $3,500.00 $1,417.71 40.51%$2,082.29 $159.73 Medical Equipment Replace $6,500.00 $3,315.85 51.01%$3,184.15 $1,821.96 Year-to-Date % Budget FY 2018 Account Budget Expenditures Expended $ (+/-)Paid February Uniforms-Career $6,000.00 $4,437.47 73.96%$1,562.53 $0.00 Diesel Fuel $6,500.00 $3,380.04 52.00%$3,119.96 $520.18 Training Films and Books $750.00 $205.00 27.33%$545.00 $0.00 Telephone $5,000.00 $3,665.93 73.32%$1,334.07 $98.51 Billing Postage $2,000.00 $0.00 0.00%$2,000.00 $0.00 Dues & Subscriptions $500.00 $120.00 24.00%$380.00 $0.00 Radio Repair $1,000.00 $63.75 6.38%$936.25 $63.75 Vehicle Maintenance $2,500.00 $133.72 5.35%$2,366.28 $0.00 Vehicle Repair $3,000.00 $2,052.84 68.43%$947.16 $303.40 Equipment R&M $1,250.00 $51.21 4.10%$1,198.79 $0.00 Office Equip Maintenance $350.00 $249.70 71.34%$100.30 $0.00 Billing Software/Upgrades $4,000.00 $4,056.63 101.42%($56.63)$0.00 Med Equipment Maintenance $1,000.00 $0.00 0.00%$1,000.00 $0.00 Training Programs $6,000.00 $7,410.00 123.50%($1,410.00)$0.00 Training Equipment $500.00 $110.85 22.17%$389.15 $0.00 To Reserve Fund-Training $10,000.00 $0.00 0.00%$10,000.00 $0.00 EMS Patient Care Discript $32,000.00 $28,700.00 89.69%$3,300.00 $0.00 Total AMBULANCE $746,933.26 $590,936.40 79.12%$155,996.86 $68,378.74 POLICE DEPARTMENT Police Salaries-Permanent $3,199,305.83 $1,806,682.22 56.47%$1,392,623.61 $227,850.30 Police Salaries-Other $15,000.00 $34,554.07 230.36%($19,554.07)$4,018.00 Police Salaries-Overtime $319,930.58 $186,099.09 58.17%$133,831.49 $28,324.11 Holiday Pay $182,271.43 $156,796.20 86.02%$25,475.23 $3,829.84 Shift Differential $63,432.16 $29,737.76 46.88%$33,694.40 $3,774.11 Off-Duty Police Salary $20,000.00 $20,170.00 100.85%($170.00)$360.00 Fitness $6,000.00 $3,900.00 65.00%$2,100.00 $0.00 FICA/Medicare $294,826.57 $174,107.19 59.05%$120,719.38 $20,876.54 Office Supplies $10,500.00 $5,661.94 53.92%$4,838.06 $660.19 Range Supplies $12,000.00 $11,770.31 98.09%$229.69 $0.00 Year-to-Date % Budget FY 2018 Account Budget Expenditures Expended $ (+/-)Paid February Radio Equipment-Supplies $300.00 $0.00 0.00%$300.00 $0.00 Investigative Supplies $8,120.00 $2,512.08 30.94%$5,607.92 $783.87 Youth Services Supplies $5,000.00 $1,603.61 32.07%$3,396.39 $0.00 Traffic Unit Supplies $2,000.00 $1,138.38 56.92%$861.62 $0.00 K-9 Supplies $4,000.00 $3,318.57 82.96%$681.43 $61.10 Janitorial Supplies $3,200.00 $1,945.10 60.78%$1,254.90 $245.57 Uniform Supplies $35,000.00 $21,405.71 61.16%$13,594.29 $9,872.45 Tires $9,800.00 $3,045.56 31.08%$6,754.44 $0.00 Gas and Oil $70,000.00 $31,994.96 45.71%$38,005.04 $5,084.05 Telephone $32,000.00 $20,442.00 63.88%$11,558.00 $1,511.19 Postage $2,200.00 $1,081.45 49.16%$1,118.55 $21.80 Dues and Subscriptions $2,100.00 $839.90 40.00%$1,260.10 $0.00 Towing Services $1,000.00 $0.00 0.00%$1,000.00 $0.00 Crime Prevention Supplies $4,500.00 $2,645.60 58.79%$1,854.40 $0.00 Building Maintenance $11,000.00 $4,066.40 36.97%$6,933.60 $0.00 3rd Floor Lease $135,100.00 $6,076.31 4.50%$129,023.69 $758.00 Uniform Cleaning $15,000.00 $7,191.85 47.95%$7,808.15 $1,359.50 Office Equip. Contract $6,000.00 $6,759.76 112.66%($759.76)$0.00 Generator Prevent Maint $800.00 $759.00 94.88%$41.00 $0.00 Radio Equip. Maintenance $2,000.00 $268.50 13.43%$1,731.50 $173.50 Vehicle Repair $48,000.00 $34,298.36 71.45%$13,701.64 $2,621.90 Computer Connections Syst $14,000.00 $6,785.25 48.47%$7,214.75 $0.00 Equipment Maintenance $2,000.00 $0.00 0.00%$2,000.00 $0.00 Records Management System $7,600.00 $6,590.00 86.71%$1,010.00 $0.00 Consulting Services $15,000.00 $10,312.50 68.75%$4,687.50 $2,300.00 IT/Computer Contractor/So $5,000.00 $0.00 0.00%$5,000.00 $0.00 Animal Control Contracts $24,900.00 $11,479.30 46.10%$13,420.70 $1,718.75 Conferences $6,000.00 $677.55 11.29%$5,322.45 $219.64 In-Service Training $28,500.00 $19,186.61 67.32%$9,313.39 $1,885.99 Recruiting & Testing $4,000.00 $2,571.00 64.28%$1,429.00 $126.00 Tuition Reimbursement $3,800.00 $0.00 0.00%$3,800.00 $0.00 Year-to-Date % Budget FY 2018 Account Budget Expenditures Expended $ (+/-)Paid February Electric-Police Dept.$50,000.00 $35,423.85 70.85%$14,576.15 $0.00 Heat/Hot Water $6,500.00 $1,332.72 20.50%$5,167.28 $0.00 Radio Installation Utilit $500.00 $0.00 0.00%$500.00 $0.00 Building Common Area Fees $60,000.00 $43,163.01 71.94%$16,836.99 $283.06 Cleaning/Building Service $34,200.00 $21,561.00 63.04%$12,639.00 $2,695.00 Vehicles and Equipment $82,000.00 $69,599.50 84.88%$12,400.50 $0.00 Vehicle Equipment $18,000.00 $0.00 0.00%$18,000.00 $0.00 Taser Replacement $0.00 $1,363.04 100.00%($1,363.04)$0.00 Police Computerization $38,680.00 $44,464.97 114.96%($5,784.97)$2,539.98 Total POLICE DEPARTMENT $4,921,066.57 $2,855,382.18 58.02%$2,065,684.39 $323,954.44 Total PUBLIC SAFETY $8,329,858.58 $5,310,087.34 63.75%$3,019,771.24 $652,453.84 OPERATING TRANSFERS OUT To undesignated reserve f $21,000.00 $15,317.73 72.94%$5,682.27 ($1,855.35) To Capital Improvements $860,000.00 $860,000.00 100.00%$0.00 $0.00 Total OPERATING TRANSFERS OUT $881,000.00 $875,317.73 99.36%$5,682.27 ($1,855.35) STREETS & HIGHWAYS HIGHWAY DEPARTMENT Highway Salaries-Perm.$692,158.58 $516,647.98 74.64%$175,510.60 $62,680.45 Highway Salaries-Overtime $25,000.00 $20,453.50 81.81%$4,546.50 $2,750.21 FICA/Medicare $54,863.00 $44,501.43 81.11%$10,361.57 $5,349.19 Drug/Alcohol/Phys.Testing $0.00 $89.00 100.00%($89.00)$0.00 Office Supplies $1,750.00 $626.32 35.79%$1,123.68 $0.00 Traffic Light Supplies $30,000.00 $18,276.67 60.92%$11,723.33 $69.30 Sign Supplies $7,500.00 $2,859.18 38.12%$4,640.82 $403.05 City Highways Material $32,500.00 $23,051.77 70.93%$9,448.23 $1,013.77 Road Striping $10,000.00 $3,321.09 33.21%$6,678.91 $0.00 Year-to-Date % Budget FY 2018 Account Budget Expenditures Expended $ (+/-)Paid February Winter Salt $100,000.00 $107,416.71 107.42%($7,416.71)$15,668.93 Winter Sand $300.00 $0.00 0.00%$300.00 $0.00 Winter Liquid Deicer Addi $12,500.00 $8,916.93 71.34%$3,583.07 $0.00 Building Supplies $1,500.00 $1,329.16 88.61%$170.84 $0.00 Uniforms $21,000.00 $11,341.45 54.01%$9,658.55 $621.64 Vehicle Repair Parts $85,000.00 $57,083.48 67.16%$27,916.52 $5,539.58 School Bus Parts $32,500.00 $22,786.23 70.11%$9,713.77 $2,211.26 Gasoline $22,500.00 $8,454.26 37.57%$14,045.74 ($1,396.82) Oil $7,000.00 $4,957.85 70.83%$2,042.15 ($163.85) Diesel Fuel $25,000.00 $21,459.85 85.84%$3,540.15 $342.58 Diesel/Gasoline Non City $150,000.00 $85,042.91 56.70%$64,957.09 $9,962.97 Fuel Station Maintenance $1,500.00 $431.50 28.77%$1,068.50 $200.50 Advertising $1,500.00 $1,500.00 100.00%$0.00 $0.00 Telephone/Internet $8,800.00 $3,716.81 42.24%$5,083.19 $438.86 Building Maintenance $32,500.00 $18,223.99 56.07%$14,276.01 $1,862.07 HVAC Maintenance $3,750.00 $2,225.86 59.36%$1,524.14 $0.00 Generator Prevent Maint $1,000.00 $4,375.44 437.54%($3,375.44)$0.00 Tree Care $7,500.00 $4,019.76 53.60%$3,480.24 $132.00 Consulting Services $20,000.00 $5,405.27 27.03%$14,594.73 $0.00 Equipment Rental/Purchase $1,750.00 $0.00 0.00%$1,750.00 $0.00 Office Equipment Maintnce $2,000.00 $792.14 39.61%$1,207.86 $0.00 Travel & Training $6,500.00 $7,318.14 112.59%($818.14)$971.00 Utilities - Garage $18,500.00 $10,795.41 58.35%$7,704.59 $0.00 Utilities-Garage Heat $15,000.00 $6,041.25 40.28%$8,958.75 $0.00 Traffic Lights $31,000.00 $13,385.48 43.18%$17,614.52 $0.00 Vehicle Replacement $253,000.00 $379,823.87 150.13%($126,823.87)$173,509.33 Highway Paving $575,000.00 $349,221.55 60.73%$225,778.45 $0.00 Curbs and Sidewalks $7,500.00 $1,285.09 17.13%$6,214.91 $0.00 Special Projects $1,075,000.00 $15,244.55 1.42%$1,059,755.45 $4,650.00 Spc Prjcts/C Beautifictn $0.00 $0.00 0.00%$0.00 ($4,650.00) Year-to-Date % Budget FY 2018 Account Budget Expenditures Expended $ (+/-)Paid February Total HIGHWAY DEPARTMENT $3,372,871.58 $1,782,421.88 52.85%$1,590,449.70 $282,166.02 Total STREETS & HIGHWAYS $3,372,871.58 $1,782,421.88 52.85%$1,590,449.70 $282,166.02 CULTURE AND RECREATION RECREATION ADMINISTRATION Rec.Admin.Salaries-Perm.$283,246.09 $195,008.24 68.85%$88,237.85 $15,721.64 Leave Time Turn-In $6,000.00 $0.00 0.00%$6,000.00 $0.00 FICA/Medicare $22,128.00 $15,972.88 72.18%$6,155.12 $1,283.55 Office Supplies $3,000.00 $1,992.74 66.42%$1,007.26 $99.70 Telephone $1,200.00 $1,309.33 109.11%($109.33)$128.70 Postage $350.00 $0.00 0.00%$350.00 $0.00 Dues and Subscriptions $1,343.00 $1,530.00 113.92%($187.00)$0.00 Scholarships $1,000.00 ($90.00)-9.00%$1,090.00 ($10.00) Printing $10,000.00 $7,568.00 75.68%$2,432.00 $39.00 Software/Printer Contract $4,400.00 $4,401.13 100.03%($1.13)$0.00 Travel & Training $5,000.00 $4,439.29 88.79%$560.71 $0.00 Lease Printer and Copier $3,500.00 $2,342.52 66.93%$1,157.48 $0.00 Total RECREATION ADMINISTRATION $341,167.09 $234,474.13 68.73%$106,692.96 $17,262.59 PROGRAMS General Supplies $11,200.00 $2,570.86 22.95%$8,629.14 $32.68 Advertising $5,000.00 $944.00 18.88%$4,056.00 $348.00 Senior Programs $3,500.00 $1,614.93 46.14%$1,885.07 $113.73 Special Events $7,800.00 $9,716.21 124.57%($1,916.21)$8,944.26 School Use $3,000.00 $0.00 0.00%$3,000.00 $0.00 Total PROGRAMS $30,500.00 $14,846.00 48.68%$15,654.00 $9,438.67 RED ROCKS PARK Year-to-Date % Budget FY 2018 Account Budget Expenditures Expended $ (+/-)Paid February Red Rocks Park Salaries $16,500.00 $8,954.18 54.27%$7,545.82 $0.00 FICA/Medicare $1,263.00 $738.72 58.49%$524.28 $0.00 General Supplies $500.00 $124.39 24.88%$375.61 $0.00 Printing $1,000.00 $741.78 74.18%$258.22 $0.00 Utilities $700.00 $148.70 21.24%$551.30 $0.00 Total RED ROCKS PARK $19,963.00 $10,707.77 53.64%$9,255.23 $0.00 FACILITIES Park Salaries $3,000.00 $0.00 0.00%$3,000.00 $0.00 FICA/Medicare $229.50 $0.00 0.00%$229.50 $0.00 Supplies $9,000.00 $6,260.80 69.56%$2,739.20 $0.00 Fuel-Gas $1,500.00 $758.28 50.55%$741.72 $0.00 Facilities Maintenance $2,400.00 $504.40 21.02%$1,895.60 $0.00 Recreation Path Committee $0.00 $354.60 100.00%($354.60)$0.00 Electric-Jaycee Park $1,600.00 $1,080.19 67.51%$519.81 $0.00 Electric-Dorset Park $1,500.00 $1,386.97 92.46%$113.03 $0.00 Electric-Overlook Park $350.00 $148.56 42.45%$201.44 $0.00 Electric-Tennis Courts $550.00 $175.96 31.99%$374.04 $0.00 Capital Projects $125,112.00 $0.00 0.00%$125,112.00 $0.00 Capital Items $77,000.00 $0.00 0.00%$77,000.00 $0.00 Facilities Improvements $172,366.00 $0.00 0.00%$172,366.00 $0.00 Capital Items $246,500.00 $0.00 0.00%$246,500.00 $0.00 Total FACILITIES $641,107.50 $10,669.76 1.66%$630,437.74 $0.00 LEISURE ARTS Senior Club Contract $0.00 $0.00 0.00%$0.00 ($75.00) Chorus Directors $3,600.00 $3,600.00 100.00%$0.00 $0.00 Total LEISURE ARTS $3,600.00 $3,600.00 100.00%$0.00 ($75.00) Year-to-Date % Budget FY 2018 Account Budget Expenditures Expended $ (+/-)Paid February SPECIAL ACTIVITIES Salaries $0.00 $8,809.07 100.00%($8,809.07)$1,387.88 FICA/MEDI $0.00 $726.76 100.00%($726.76)$114.50 Adult Programs $33,500.00 $4,495.85 13.42%$29,004.15 $286.00 Special Events $0.00 $0.00 0.00%$0.00 ($8,264.56) Youth Programs $25,000.00 $12,930.87 51.72%$12,069.13 $217.91 Driver's Education $19,000.00 $11,700.00 61.58%$7,300.00 $0.00 Great Escape Tickets $6,500.00 $8,590.00 132.15%($2,090.00)$0.00 Afternoon Skiing-Middle S $10,000.00 $10,590.00 105.90%($590.00)$0.00 City Fest $20,000.00 $32,325.60 161.63%($12,325.60)$0.00 Bikes and Bites $0.00 $25,111.52 100.00%($25,111.52)$0.00 Telephone $2,300.00 $0.00 0.00%$2,300.00 $0.00 Total SPECIAL ACTIVITIES $116,300.00 $115,279.67 257.57%$1,020.33 ($6,258.27) COMMUNITY LIBRARY Library Salaries $329,489.12 $189,605.98 57.55%$139,883.14 $19,558.53 FICA/Medicare $25,340.00 $15,084.92 59.53%$10,255.08 $1,619.39 Library Supplies $5,800.00 $2,546.72 43.91%$3,253.28 ($703.21) Books - Adult $18,000.00 $5,401.86 30.01%$12,598.14 ($810.75) Books - Children $9,550.00 $942.44 9.87%$8,607.56 $0.00 DVDs/CDs-Adult $5,500.00 $2,501.04 45.47%$2,998.96 $0.00 DVDs/CDs-Children $2,300.00 $353.26 15.36%$1,946.74 $0.00 Program Supplies-Arts/Cra $2,000.00 $205.41 10.27%$1,794.59 $0.00 Bookmobile Maintenance $500.00 $18.44 3.69%$481.56 $0.00 Postage $600.00 $236.36 39.39%$363.64 $236.36 Dues and Subscriptions $800.00 $1,255.91 156.99%($455.91)$135.00 Online & Print Subscripti $9,000.00 $4,807.14 53.41%$4,192.86 $553.09 School Use $61,100.00 $13,875.00 22.71%$47,225.00 $0.00 Community Programs $6,000.00 $2,783.43 46.39%$3,216.57 $930.00 Year-to-Date % Budget FY 2018 Account Budget Expenditures Expended $ (+/-)Paid February Repair/Maintenance Librar $1,400.00 $487.50 34.82%$912.50 $0.00 Printing $0.00 $92.00 100.00%($92.00)$0.00 Computer Operations $3,000.00 $3,000.00 100.00%$0.00 $0.00 Travel & Training $2,800.00 $1,400.00 50.00%$1,400.00 $0.00 Computer Improvements $2,400.00 $3,922.35 163.43%($1,522.35)$0.00 C/L Photocopier Lease Pri $2,800.00 $1,084.84 38.74%$1,715.16 $236.62 Total COMMUNITY LIBRARY $488,379.12 $249,604.60 51.11%$238,774.52 $21,755.03 CAPITAL/PARK MAINTENANCE Park Maint.Salaries-Perm.$176,600.87 $118,137.42 66.90%$58,463.45 ($6,453.38) Parks Salaries Other $14,250.00 $0.00 0.00%$14,250.00 $0.00 Park Maint.Sal.-Overtime $1,000.00 $4,288.51 428.85%($3,288.51)$355.94 FICA/Medicare $14,677.00 $9,755.79 66.47%$4,921.21 ($384.71) Park Supplies $28,500.00 $13,376.20 46.93%$15,123.80 $439.11 Cemetery Supplies $300.00 $0.00 0.00%$300.00 $0.00 Homestead at Wheeler Park $0.00 $1,763.95 100.00%($1,763.95)($16.61) Total CAPITAL/PARK MAINTENANCE $235,327.87 $147,321.87 62.60%$88,006.00 ($6,059.65) Total CULTURE AND RECREATION $1,876,344.58 $786,503.80 41.92%$1,089,840.78 $36,063.37 OTHER OPERATING ENTITIES County Court $143,000.00 $140,828.85 98.48%$2,171.15 $0.00 Winooski Valley Park $57,231.00 $0.00 0.00%$57,231.00 $0.00 C.C.T.A.$447,693.00 $298,462.66 66.67%$149,230.34 $0.00 Regional Planning $35,840.00 $35,840.00 100.00%$0.00 $0.00 Total OTHER OPERATING ENTITIES $683,764.00 $475,131.51 69.49%$208,632.49 $0.00 CURRENT PRINCIPAL BONDS Year-to-Date % Budget FY 2018 Account Budget Expenditures Expended $ (+/-)Paid February Public Works Facility $98,568.00 $98,568.00 100.00%$0.00 $0.00 Kennedy Dr Reconstrction $22,508.00 $22,508.00 100.00%$0.00 $0.00 Lime Kiln Bridge $22,508.00 $22,508.00 100.00%$0.00 $0.00 PENSION LIABILITY-PRINCIP $328,377.00 $0.00 0.00%$328,377.00 $0.00 F/D Building Improvements $30,005.00 $30,005.00 100.00%$0.00 $0.00 Police Headquarters $360,000.00 $360,000.00 100.00%$0.00 $0.00 Communication Equip-CB $0.00 $190,000.00 100.00%($190,000.00)$0.00 Total CURRENT PRINCIPAL BONDS $861,966.00 $723,589.00 83.95%$138,377.00 $0.00 CURRENT INTEREST BONDS Public Works Facility $19,343.00 ($16,832.35)-87.02%$36,175.35 $0.00 Kennedy Dr Recnstrction $8,167.00 $2,913.81 35.68%$5,253.19 $0.00 Lime Kiln Bridge $8,167.00 $2,913.81 35.68%$5,253.19 $0.00 PENSION LIABILITY-INTERES $332,572.00 $0.00 0.00%$332,572.00 $0.00 Sewer Note-Solar Array $12,005.00 $0.00 0.00%$12,005.00 $0.00 F/D Building Improvements $10,951.00 $3,884.35 35.47%$7,066.65 $0.00 Emergency Center $0.00 ($514.54)100.00%$514.54 $0.00 Police Headquarters $216,396.00 $78,522.02 36.29%$137,873.98 $0.00 Parkland 1992 $0.00 ($1,732.99)100.00%$1,732.99 $0.00 Communication Equip-CB $0.00 $36,469.07 100.00%($36,469.07)$0.00 Total CURRENT INTEREST BONDS $607,601.00 $105,623.18 17.38%$501,977.82 $0.00 Total GENERAL FUND $24,166,563.43 $14,622,725.34 60.51%$9,543,838.09 $1,205,772.16 Total All Funds $24,166,563.43 $14,622,725.34 60.51%$9,543,838.09 $1,205,772.16 Expenditure Report-February, 2018 Sewer Fund Year-to-Date % Budget FY 2018 Account Budget Expenditures Expended $ (+/-)Paid February W/POLLUTION CONTROL EXPS. Salaries-Permanent $485,988.50 $343,558.80 70.69%$142,429.70 $38,641.49 Payment to Highway-wages $280,543.46 $287,731.57 102.56%($7,188.11)$876.88 Leave Time Turn-In $6,950.96 $0.00 0.00%$6,950.96 $0.00 Salaries-Overtime $37,289.28 $13,597.75 36.47%$23,691.53 $274.77 Payment to Sick Bank Fund $5,000.00 $0.00 0.00%$5,000.00 $0.00 Payroll Svc & Testing to $2,250.00 $700.00 31.11%$1,550.00 $0.00 PAFO Certification $9,000.00 $0.00 0.00%$9,000.00 $0.00 Sick Bank Payouts $10,000.00 $0.00 0.00%$10,000.00 $0.00 Fringe Benefits $1,700.00 $328.00 19.29%$1,372.00 $0.00 FICA/Medicare $38,383.00 $28,627.80 74.58%$9,755.20 $3,174.34 Payment to Highway-FICA/M $22,944.08 $22,944.08 100.00%$0.00 $0.00 Vision Plan $911.04 $682.42 74.91%$228.62 $86.39 Disability Income $1,785.36 $766.64 42.94%$1,018.72 $0.00 Long Term Disability Insu $3,315.00 $3,209.84 96.83%$105.16 $0.00 Group Health Insurance $129,178.12 $79,103.33 61.24%$50,074.79 $414.00 Benefit Reimbursed to Hig $78,218.44 $78,218.44 100.00%$0.00 $0.00 Group Life Insurance $1,011.00 $1,702.88 168.44%($691.88)$0.00 Group Dental Insurance $6,096.36 $5,654.33 92.75%$442.03 $0.00 Pension $79,419.22 $32,065.17 40.37%$47,354.05 $0.00 ICMA Match $18,138.94 $11,182.28 61.65%$6,956.66 $1,404.78 Pension Payment to Highwa $85,518.83 $85,518.82 100.00%$0.01 $0.00 Pension Note Payment $38,675.00 $0.00 0.00%$38,675.00 $0.00 Office Supplies $1,250.00 $1,680.83 134.47%($430.83)$28.77 Plant Supplies $85,000.00 $65,539.74 77.11%$19,460.26 $3,374.01 Ferrous Chloride $200.00 $0.00 0.00%$200.00 $0.00 Polymer $95,000.00 $36,694.50 38.63%$58,305.50 $0.00 Year-to-Date % Budget FY 2018 Account Budget Expenditures Expended $ (+/-)Paid February Sewer Line Maint/Supplies $10,000.00 $3,871.76 38.72%$6,128.24 $0.00 Pumping Station Supplies $22,500.00 $21,792.44 96.86%$707.56 $0.00 Laboratory Supplies $12,000.00 $6,875.54 57.30%$5,124.46 $91.78 Caustic Soda and Lime $58,000.00 $41,044.90 70.77%$16,955.10 $0.00 Alum $90,000.00 $48,984.94 54.43%$41,015.06 $7,107.23 Water-Airport-B/B-Pump $1,750.00 $661.65 37.81%$1,088.35 $0.00 Generator Preventive Main $6,000.00 $13,255.80 220.93%($7,255.80)$752.54 Clothing Supplies $3,500.00 $1,870.56 53.44%$1,629.44 $149.00 Truck Parts $6,500.00 $8,570.02 131.85%($2,070.02)$61.17 Gas - Diesel Fuel - Oil $12,000.00 $9,860.35 82.17%$2,139.65 $407.50 Fuel - Airport Parkway $45,000.00 $28,070.58 62.38%$16,929.42 $0.00 Fuel - Bartlett Bay $5,000.00 $2,357.11 47.14%$2,642.89 $0.00 Telephone and Alarms $5,600.00 $2,128.27 38.00%$3,471.73 $236.99 Postage $50.00 $12.11 24.22%$37.89 $0.00 Memberships/Dues $650.00 $0.00 0.00%$650.00 $0.00 Discharge Permits $15,000.00 $2,803.71 18.69%$12,196.29 $0.00 Workers Comp Insurance $17,100.00 $10,260.98 60.01%$6,839.02 $0.00 Property Insurance $45,000.00 $27,912.71 62.03%$17,087.29 $0.00 Unemployment Insurance $1,500.00 $803.40 53.56%$696.60 $0.00 Safety $10,000.00 $4,290.62 42.91%$5,709.38 $452.00 Billing Payment to CWD $37,000.00 $24,665.00 66.66%$12,335.00 $0.00 Soil/Sludge Management $135,000.00 $62,768.54 46.50%$72,231.46 $9,669.98 Discharge Water Testing $1,200.00 $0.00 0.00%$1,200.00 $0.00 Landfill Fees $4,000.00 $0.00 0.00%$4,000.00 $0.00 HVAC Maintenance $12,500.00 $6,720.20 53.76%$5,779.80 $0.00 To GF-Audit/Actuary $0.00 $6,214.00 100.00%($6,214.00)$0.00 Auditing $6,214.00 $0.00 0.00%$6,214.00 $0.00 Engineering/Consulting $75,000.00 $5,835.00 7.78%$69,165.00 $0.00 Landfill Engineering $12,500.00 $6,305.13 50.44%$6,194.87 $0.00 PMT TO STORMWATER-GIS $4,000.00 $0.00 0.00%$4,000.00 $0.00 Office Equipment Contract $1,000.00 $0.00 0.00%$1,000.00 $0.00 Year-to-Date % Budget FY 2018 Account Budget Expenditures Expended $ (+/-)Paid February Wireless Communication $1,500.00 $1,313.96 87.60%$186.04 $228.80 Administrative Services $150,336.00 $150,336.00 100.00%$0.00 $0.00 IT Service $4,500.00 $0.00 0.00%$4,500.00 $0.00 Burlington Sewer Lines $240,000.00 $109,091.79 45.45%$130,908.21 $109,091.79 Travel & Training $4,500.00 $2,811.90 62.49%$1,688.10 $1,272.90 Hinesburg Rd Pumping Dsgn $5,000.00 $0.00 0.00%$5,000.00 $0.00 Utilities-Pumping Station $59,000.00 $39,573.39 67.07%$19,426.61 $0.00 Utilities--L/Fill Station $4,500.00 $1,218.76 27.08%$3,281.24 $0.00 Electric-Airport Parkway $200,000.00 $101,236.80 50.62%$98,763.20 $0.00 Electric-Bartlett Bay $110,000.00 $60,758.85 55.24%$49,241.15 $0.00 Replacement-Vehicles $268,000.00 $172,246.67 64.27%$95,753.33 $98,609.34 Building Improvements $7,500.00 $1,669.69 22.26%$5,830.31 $0.00 Pumps Replacements $40,000.00 $11,609.53 29.02%$28,390.47 $2,309.50 Pump Repairs $30,000.00 $26,984.33 89.95%$3,015.67 $0.00 Loan for Airport Parkway $1,272,059.00 $0.00 0.00%$1,272,059.00 $0.00 Bartlett Bay Bond Replace $245,000.00 $0.00 0.00%$245,000.00 $0.00 Scope BTV/SB Sewer $75,000.00 $157,177.81 209.57%($82,177.81)$323.96 Capital Improvements-CIP $50,000.00 $0.00 0.00%$50,000.00 $0.00 Total W/POLLUTION CONTROL EXPS.$4,946,225.59 $2,283,472.02 46.17%$2,662,753.57 $279,039.91 Total ENTERPRISE FUND/W.P.C.$4,946,225.59 $2,283,472.02 46.17%$2,662,753.57 $279,039.91 Total All Funds $4,946,225.59 $2,283,472.02 46.17%$2,662,753.57 $279,039.91 Expenditure Report-February, 2018 Stormwater Fund Year-to-Date % Budget FY 2018 Account Budget Expenditures Expended $ (+/-)Paid February S/WATER UTILITIES EXPS Salaries-Permanent $431,262.83 $256,089.60 59.38%$175,173.23 $33,282.37 Leave Time Turn-In $3,000.00 $0.00 0.00%$3,000.00 $0.00 Salaries-Overtime $20,000.00 $8,018.68 40.09%$11,981.32 $1,134.76 Payroll Svc & Testing to $880.00 $480.00 54.55%$400.00 $0.00 Fringe Benefits $3,600.00 $342.40 9.51%$3,257.60 $0.00 FICA/Medicare $34,664.66 $21,947.77 63.31%$12,716.89 $2,893.56 Vision Plan $798.98 $291.54 36.49%$507.44 $35.29 Disability Income Insuran $1,975.26 $625.28 31.66%$1,349.98 $0.00 Group Health Insurance $89,546.13 $73,515.75 82.10%$16,030.38 $1,246.20 Reimburse to Highway Bene $10,429.13 $10,429.12 100.00%$0.01 $0.00 Group Life Insurance $893.25 $1,115.92 124.93%($222.67)$0.00 Group Dental Insurance $6,281.72 $2,813.32 44.79%$3,468.40 $0.00 Pension $37,031.53 $0.00 0.00%$37,031.53 $0.00 ICMA Match $23,641.09 $11,186.75 47.32%$12,454.34 $1,504.74 Pension Note Payment $26,510.00 $0.00 0.00%$26,510.00 $0.00 Office Supplies $1,750.00 $1,184.46 67.68%$565.54 $257.05 Small Equipment/Tools $3,000.00 $180.95 6.03%$2,819.05 $0.00 Uniforms/Supplies $4,500.00 $4,670.83 103.80%($170.83)$362.18 Vehicle Parts $0.00 ($18.93)100.00%$18.93 $0.00 Gasoline $3,000.00 $2,041.65 68.06%$958.35 $299.18 Oil $350.00 $275.87 78.82%$74.13 $0.00 Diesel Fuel $6,000.00 $3,063.38 51.06%$2,936.62 $277.26 Permit Requirement-Educat $10,500.00 $8,230.78 78.39%$2,269.22 $0.00 Advertising-Public Relati $0.00 $783.00 100.00%($783.00)$0.00 Telephone $2,250.00 $1,057.96 47.02%$1,192.04 $140.75 Postage $125.00 $30.59 24.47%$94.41 $0.00 Year-to-Date % Budget FY 2018 Account Budget Expenditures Expended $ (+/-)Paid February Membership/Dues $400.00 $745.00 186.25%($345.00)$0.00 Discharge Permits Renewal $21,500.00 $1,060.00 4.93%$20,440.00 $0.00 Workers Comp Insurance $5,100.00 $4,465.93 87.57%$634.07 $0.00 Property Insurance $12,300.00 $9,396.90 76.40%$2,903.10 $0.00 Unemployment Insurance $2,000.00 $1,386.22 69.31%$613.78 $0.00 GIS-Fees/Software $11,500.00 $0.00 0.00%$11,500.00 $0.00 Sediment & Depris Disposa $1,000.00 $250.00 25.00%$750.00 $0.00 Water Quality Monitoring $35,000.00 $4,713.20 13.47%$30,286.80 $0.00 Building/Grounds Maint $1,500.00 $0.00 0.00%$1,500.00 $0.00 Vehicle Maintenance $6,500.00 $6,260.63 96.32%$239.37 $0.00 Storm System Maint Materi $45,000.00 $13,293.17 29.54%$31,706.83 $0.00 Printing $200.00 $34.12 17.06%$165.88 $0.00 Legal Services $17,500.00 $5,456.48 31.18%$12,043.52 $1,156.77 To GF-Audit and Actuary $3,555.00 $3,555.00 100.00%$0.00 $0.00 Engineering-Watershed $60,000.00 $9,056.23 15.09%$50,943.77 $1,346.45 Engineering-Inventory SW $0.00 $820.00 100.00%($820.00)$0.00 Engineering-Nghbrhd Asst $0.00 $38,835.10 100.00%($38,835.10)$0.00 Billing Payment CWD $43,000.00 $24,665.00 57.36%$18,335.00 $0.00 Office Equipment Maintena $600.00 $0.00 0.00%$600.00 $0.00 Equipment Rental $1,000.00 $0.00 0.00%$1,000.00 $0.00 Administrative Services $134,392.00 $134,392.00 100.00%$0.00 $0.00 Conference/Training Expen $5,000.00 $2,962.50 59.25%$2,037.50 $948.60 S/W Bldg Utilities $3,500.00 $1,867.53 53.36%$1,632.47 $0.00 Stormwater Pumps Electric $300.00 $142.57 47.52%$157.43 $0.00 Vehicles/Equipment $200,000.00 $172,246.66 86.12%$27,753.34 $98,609.33 Stormwater Capital Projec $1,685,000.00 $2,641,844.53 156.79%($956,844.53)$26,712.19 Office Furniture/Equipmen $1,000.00 $0.00 0.00%$1,000.00 $0.00 Flow Restoration Plan Ana $15,000.00 $1,670.00 11.13%$13,330.00 $0.00 Reimbursement to Highway $18,772.43 $18,772.43 100.00%$0.00 $0.00 Total S/WATER UTILITIES EXPS $3,052,609.01 $3,506,247.87 114.86%($453,638.86)$170,206.68 Year-to-Date % Budget FY 2018 Account Budget Expenditures Expended $ (+/-)Paid February Total STORM WATER UTILITIES $3,052,609.01 $3,506,247.87 114.86%($453,638.86)$170,206.68 Total All Funds $3,052,609.01 $3,506,247.87 114.86%($453,638.86)$170,206.68 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 WILLISTON RD W H IT E S T V IL L A G E G R E E N D RMARY STMIDAS DRMARKET ST Document Path: \\pwserver\GISdata\CityManagersOffice\SchoolDistrictLandSwap\Map_updatedrequest.mxd March 9th, 2018, City of South Burlington South Burlington Parcel Lines Potential School District Land Transfer Proposed Development Parcels Potential Transfer RAMP DOWNRAMP UP UP LOBBY INFO STAFF MULTI-PURPOSE RMCITY CLERK FICTION AUDITORIUM LIBRARY TEENS TEENS STUDYDIG ITAL LABDOWN UP NON-FICTION CHILDRENS STAFF MAKER STUDY STAFF TW EEN SACTIVITY RM CITY MANAGEMENT MEETING RM MEETING RM MEETING RM open to below ROOF TERRACE BELOW open to below DOWN EMPLOYEE PLANNING & ZONING DESIGN FEATURES: - Urban plaza at corner - Vertical wood sun shading screen - Lobby Cafe - First floor City Clerk & Auditorium - First floor Multi-Purpose room with kitchenette - Seating areas with fireplaces - Large Second Floor Children’s Library with roof terrace - Skylights - Level 3 roof terrace - Third Floor Reading Room with roof terrace A BIRDSEYE VIEW FROM CORNER OF MARKET STREET & SCHOOL DRIVEWAY CCONCEPT IMAGES SOUTH BURLINGTON LIBRARY + CITY HALL OPTION B - URBAN OASIS B DESIGN INFO: - 3 Stories - ±50,000 sq ft (above grade) Corner Urban Plaza Solar Array 3rd Floor Library Reading Room w/Roof Terrace Views to Playing Fields Main Building Entry Children’s Library Roof Terrace Vertical Wood Sun Shading Screen Storytime Living Room Space w/ Fireplace Roof Terrace off of Children’s Library Mark e t S t r e e t School DrivewayCBA : Library : Shared Meeting : City Hall : Core/Service : Library Circ. Desk LEVEL 3 LEVEL 2 LEVEL 1 North STREET VIEW FROM MARKET STREET LOOKING EAST STREET VIEW FROM MARKET STREET LOOKING NORTH 3rd Floor Reading Room Loft Shared Meeting Rooms (8-10 People) Living Room Space w/ Fireplace Urban Plaza Friends of the Library Book Shop Study Rooms (2-4 People) Roof Terrace Drop Off Skylights to Library Meeting Rooms(10-12 People) Seating Area MARCH 2018