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HomeMy WebLinkAboutAgenda - City Council - 05/20/2024CITY COUNCIL MEETING AGENDA MAY 20, 2024 Participation Options In Person: 180 Market Street, Main Floor, Auditorium Assistive Listening Service Devices available upon request Electronically: https://meet.goto.com/SouthBurlingtonVT/citycouncilmeeting05-20-2024 You can also dial in using your phone (872) 240-3412 Access Code: 791-181-813 Regular Session 6:30 p.m. 1.Pledge of Allegiance (6:30 p.m.) 2.Instructions on exiting building in case of emergency and review of technology options – Jessie Baker, City Manager (6:31–6:32 p.m.) 3.Agenda Review: Additions, deletions or changes in order of agenda items (6:33–6:34 p.m.) 4.Comments and questions from the public not related to the agenda (6:35–6:45 p.m.) 5.Councilors’ Announcements and Reports on Committee assignments and City Manager’s Report (6:45–6:55 p.m.) 6.Consent Agenda: (6:55–7:00 p.m.) A.*** Consider and Sign Disbursements B.*** Receive the Third Quarter Financials C.*** Receive the April Financials D.*** Approve a clarification on the date of the Second Reading and Second Public Hearing to the proposed amendments to the Sign Ordinance 7.*** Participate in a facilitated conversation with Assembly Theory on how the City uses data and how the Council may want to receive data in the future to make policy decisions – Jessie Baker, City Manager, and Brian Lowe, Assembly Theory (7:00–8:00 p.m.) 8.*** Receive information on the Water Service Area, Sewer Service Area, and Act 47 Zoning District concepts and alignment – Paul Conner, Planning & Zoning Director, and Tom DiPietro, Public Works Director (8:00–8:30 p.m.) 9.*** Hold a Second First Reading of a Drinking Water Ordinance Update and possibly set a Public Hearing for July 15, 2024 at 7:00 – Tom DiPietro, Public Works Director, and Dave Wheeler, Water Resources Engineer (8:30–8:45 p.m.) 10.*** Receive an update from the Sextons Committee and provide direction to the Sextons and to staff – Sextons (8:45–9:15 p.m.) 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV 11. *** Discuss and approve appointments to the Chittenden County Regional Planning Commission Board, Transporation Advisory Committee, and Clean Water Advisory Committee – Jessie Baker, City Manager (9:15-9:30 p.m.) 12. *** Convene as Liquor Control Commission to consider the following applications for approval: Higher Ground, First Class Club License and Third Class Restaurant/Bar License; Zachary’s Pizza – South Burlington, First Class Restaurant/Bar License (9:30–9:35 p.m.) 13. Other Business (9:35–9:45 p.m.) 14. Consider entering into executive session pursuant to 1 V.S.A. §313(a) (1)(A) and (2) for the purpose of discussing contracts and the negotiation or securing of real estate purchase or lease options, specifically I-89 Bicycle and Pedestrian Bridge right-of-way acquisitions (9:45-10:05 p.m.) 15. Possible discussion of and grant of authorization to the City Treasurer to execute up to five payments for right-of-way acquisitions relating to the walk bike Bridge over I-89 (10:05-10:15 p.m.) 16. Consider entering into executive session for the purposes of discussing confidential attorney- client communications related to probable civil litigation to which the public body may be a party 1 V.S.A. 313(1)(E) and (F) (10:15-10:30 p.m.) 17. Adjourn (estimated 10:30 p.m.) Respectfully submitted: Jessie Baker City Manager ***Attachments included Note: All times are estimates Champlain Water District Check/Voucher Register - Check Report by Fund From 5/21/2024 Through 5/21/2024 Check Date Check Number Vendor Name Invoice Description Check Amount Invoice Number 5/21/2024 4756 Champlain Water District - Retail Retail to SBWD - April 2024 63,854.80 SBWD-409 5/21/2024 4757 Champlain Water District WS to SBWD - April 2024 330.20 SBWD-402 5/21/2024 Champlain Water District SBWD Water Consumption - April 2024 143,363.42 SBWDWTRCONSUMP 0424 5/21/2024 4758 E.J. Prescott Curb Stop 740.88 6313343 5/21/2024 E.J. Prescott Service Line Repair 525.25 6313774 5/21/2024 E.J. Prescott Repair Parts 1,428.83 6318561 5/21/2024 4759 MSK Engineers Project 1460-001 37,395.05 16690 5/21/2024 4760 Ti-Sales, Inc.Meter - UVM Farm 4,399.33 INV0169820 5/21/2024 Ti-Sales, Inc.Meter Gaskets 190.00 INV0169821 Total 70 - South Burlington Water Department 252,227.76 Report Total 252,227.76 70 - South Burlington Water Department SOUTH BURLINGTON CITY COUNCIL Date: 5/8/2024 10:44:36 AM Page: 1 QUARTERLY FINANCIAL REPORTING From: To: Subjects: Date: Martha Machar, Finance Director City Leadership Team South Burlington City Council Jessie Baker, City Manager FY24 Financial Report, Quarter Ended March 31, 2024 May 15, 2024 Q3 Summary FY24 financial reports for the period ending March 31, 2024, are attached. Only summary reports for the general fund budget are included. Detailed reports can be found in the Council SharePoint folder. I am pleased to share that overall, the general fund expenses and revenues through the end of the third quarter are on target. As we have completed three quarters of the fiscal year, this is a good time to check-in on what we anticipate for the remainder of the year. Expenses are at 70.67% which is consistent with prior years’ spending. Revenues on the other hand are at 91.26%. The significant increase in the revenue numbers is largely attributed to some of the budget lines out- performing conservative projections made in December 2022. Specifically, interest on investments and electrical inspection revenue lines have significantly outperformed projections. Q4 and End of FY24 Projections: Third quarter financials bring us our most effective forecast of what to expect by year-end. In order to help management make as informed Q4 fiscal discissions as possible, the department heads took a deeper dive into each budget line and forecast where we will be at year-end. At this point, assuming the same rate of spending and what the staff project will happen in the fourth quarter, we are projecting a surplus of $1.5M by the close of FY24. Some of the drivers for the projected surplus include wages and benefits savings from several unfilled positions city-wide as well as filling senior positions vacated because of retirement with beginning positions. On the revenue side, local option tax revenues continue to out-perform conservative projections made back in December 2022. Both fire and electrical inspection fees as well as ambulance billing services are out-performing projections. It is important to point out that the interest earned revenue line is currently at $691,000 more than what was budgeted. Although it is early to be certain, we are currently projecting $900,000 in unbudgeted revenue from interest income at year end. The FY25 budget has been adjusted and therefore this one-time should be assigned by e Council when we close the year in August. This is a preliminary analysis of what to expect, and the actuals will be provided at the close of the year. Per this projection, we are forecasting that the city will end this fiscal year with a $1.5M surplus as stated above. With surpluses coming out of the last fiscal years due to conservative budgeting after the pandemic, the City’s fund balance, which was below the minimum 8.33% or one month of operating expenditure, was funded and it is currently just under16.66%, or two months, target as recommended in the City’s fund balance policy. With this in mind, City management will work with department managers during the next few months on additional project fundings in Q4 as well as recommendations for Council consideration when we close out the fiscal year in August and dedicate surplus funds. Some of these items could include, but are not limited to: • Funding FY24 CIP cut projects • Adding to Fund balance • Allocating funds to the CIP Reserve Fund for needed preventative maintenance in city owned building • Reducing SB Pension Plan long term liability With this projected surplus, the City continues to be poised to be able to provide the high levels of community and government services the members of our community enjoy. Find below the financial narratives from department managers for the third quarter ending 3/31/2024. ADMINISTRATION: City Manager, Legal, Administration, Insurance & Finance Overall, expenses are on target as budgeted. For budget lines that are currently underspent, timing is a factor. Some invoices are only paid in the fourth quarter. The healthcare plan is running well. Our claims are under 74% of the FY24 projection at the end of the third quarter. Utilization of the resources for employee wellbeing, including the health center is better than industry standard. Workers compensation insurance is 26% over budget, this is because of the FY23 true-up/audit. We pay our workers compensation insurance premium based on estimated wages and the audit is done at the end of the year to true-up the actual wages to beginning of the year’s estimate. The audit has resulted in Travelers reimbursing the city for over payments in the past but FY23 audit indicated that the city underpaid by $92,000. This amount is paid and reflected in the total expenses. On the revenue side, lines that are currently showing zero revenues collected to-date are for interdepartmental or interfund transfers. These will be completed during the fourth quarter. Interest on investment income has more than doubled the projection at the close of the third quarter and this is largely due to the Federal rate increases. The City receives 80% of the Federal rates increase from our current financial institution, TD Bank, on the depository account. The Local Option Tax (LOT) revenues continue to come in higher than last fiscal year. Given the last three quarters’ receipts, the LOT revenue will outperform our projections. We are also projecting that the total eclipse over Vermont will have a positive impact on the next quarters’ LOT receipts. HUMAN RESOURCES: (Department Head: Daisy Brayton) OVERALL SUMMARY Provide a brief summary of how your department ended the quarter/year compared to budget projections In the 3rd quarter of FY24 our current expenditures are at 49.44%. Salaries are on track for the year at 71.87%. We have hired Acrisure (Hickock and Boardman) to conduct a Classification/Compensation analysis in the 4th quarter of FY24. Additionally, we have also hired Kristine Brines, from Paul, Frank and Collins to conduct two leadership trainings to include Reasonable Suspicion and Performance Management. KEY HIGHLIGHTS Showcase any highlights on major projects/accomplishments your department has done during the quarter/year, particularly those included in the year’s budget presentation to Council FY24 has been a busy year for design and implementation of NeoGov, our new applicant tracking system and on-boarding system. The City signed a contract with ADP to conduct an in- depth review and optimization audit of our payroll processing system. We are currently evaluating and updating leave accrual processes and programming within ADP. INDIVIDUAL BUDGET LINES: REVENUES AND EXPENSES Consider which surpluses and overages might “jump off the page” for a reader and provide a brief narrative/explanation for each Due to the negotiation of a new Marathon Health Clinic contract, we have a significant surplus in this budget line. In addition to a new partner joining the group to lower the cost per employee/belly button, we also saw significant savings due to no longer taking responsibility for the building lease and maintenance. CITY CLERK: (Department Head: Holly Rees) OVERALL SUMMARY Provide a brief summary of how your department ended the quarter/year compared to budget projections Expenditures are tracking at 76% which is aligned with where we should be at this point in the budget cycle while the Revenues are lagging behind at only 50%. This is due in large part to recording fees and research fees which are vulnerable to markets and interest rates. I anticipate being on track for Expenditures by the end of FY24 and project finishing the year around 70% of revenue collection. KEY HIGHLIGHTS Showcase any highlights on major projects/accomplishments your department has done during the quarter/year, particularly those included in the year’s budget presentation to Council The major highlight for this quarter was the Presidential Primary and Annual Town Meeting Election and subsequent School Budget Revote. INDIVIDUAL BUDGET LINES: REVENUES AND EXPENSES Consider which surpluses and overages might “jump off the page” for a reader and provide a brief narrative/explanation for each Revenues: Recording Fees: Land Record Recording fees ebb and flow depending on how many sales and refinances there are. Market factors dictate activity which correlates directly to revenues. Photocopy (Research) Fees: These are traditionally aligned with the Recording Fees such that less movement in the real estate market and steady interest rates mean less need to research and subsequent decline in anticipated fees. DMV: Due to changes in the DMV registration system, we are no longer providing Registration Renewals through the City Clerks Office as the DMV portal is now accessible to any computer user. Election Reimbursement: I have issued invoices for CWD and SBSD for $1,500 for their portion of the annual election costs and anticipate those revenues being reflected in Q4 as well as all expenses related to School Budget Revote(s) which are billed directly to the School District. Expenses: Election Expenses: We will likely overspend this line item with the School Revote(s); though those expenses will be billed directly to the School District so will off set with revenue. BCA: Invoices for Winter/Spring BCA meetings and Elections have been processed and will be reflected in Q4. Election Workers: Invoices for Election Workers for both the March and April election have been processed and will be reflected in Q4. Appeals and Abatements: There is need to have a Spring BCA meeting for the purpose of hearing the Abatement requests. To date this has been difficult as there are several BCA vacancies and we are awaiting news from the Governor as to his appointments. This will be a priority to schedule once these are filled and the third school budget revote is completed. IT: (Department Head: Nick Gingrow) OVERALL SUMMARY Provide a brief summary of how your department ended the quarter/year compared to budget projections We have had an extremely busy and successful quarter, after onboarding John Laframboise, our new Network Admin, we have gained significant traction on a number of projects including upgrading network switches, improving WiFi, and planning for new firewalls. We have numerous projects we are planning to implement in the final quarter which should wrap up our year close to budget, possibly going over slightly in Capital Projects. KEY HIGHLIGHTS Showcase any highlights on major projects/accomplishments your department has done during the quarter/year, particularly those included in the year’s budget presentation to Council We have upgraded the phone system at Fire Station 2, so now all city locations are on the same phone system. As part of this project we re-wired the entire building. We are planning on upgrading their main switch and WiFi in the coming months. Our backup phone system is in place and will be tested in the coming weeks. We have our new core switches for City Hall fully configured, they will be installed the first weekend in May. This will greatly improve network security and access control. We have worked with vendors to get new servers for the police department and public works. Initial setup has begun on both projects. The city-wide computer inventory has made huge progress and we have begun replacing the oldest hardware in all departments. INDIVIDUAL BUDGET LINES: REVENUES AND EXPENSES Consider which surpluses and overages might “jump off the page” for a reader and provide a brief narrative/explanation for each We are currently on-target with our current budget, due to onboarding we haven’t been able to get as much training as desired but both Bennett and John have attended regional day-long trainings. While our Capital Projects budget line appears a bit low we are going to be spending heavily in the final quarter on replacing old computers city-wide, as well as getting new switches at all locations in the city. PLANNING & ZONING: (Department Head: Paul Conner) OVERALL SUMMARY Provide a brief summary of how your department ended the quarter/year compared to budget projections The Planning & Zoning Department ended the third quarter at just under 60% of budget on both revenues and expenditures. Over the remaining three months of the year, expenditures are expected to track closely to the full budget on an overall basis while revenues will likely fall short in the area of development review. See below for more specific discussion. KEY HIGHLIGHTS Showcase any highlights on major projects/accomplishments your department has done during the quarter/year, particularly those included in the year’s budget presentation to Council Key Highlights to date in FY ’24: • City Plan 2024 adopted unanimously by Council in January; • Equity in Planning Outreach project began in February with Civic Brand as city consultant • Staff and the Planning Commission are actively working through amendments to Land Development Regulations to account for S.100/Act 47 • Draft amendments to the Water Ordinance (including water service area) and sign ordinance presented to City Council • Staff and the Planning Commission are preparing amendments to transportation demand management and to electric vehicle charging standards for new buildings • Planning Commission received presentation and provided staff guidance on preparing draft tree preservation standards associated with land development • Updates to Transportation Impact Fees are being prepared for presentation to Council by end of FY ’24 • Analysis and update to City Center Form Based Code underway with Greg Rabideau engaged as city consultant • Staff is closely engaged with the Active Transportation Plan and other planning efforts in DPW • The draft FY ’25 Chittenden County Regional Planning Commission Unified Planning Work Program has been released and funds each of the city’s proposed planning projects (approved by Council in January ’24) INDIVIDUAL BUDGET LINES: REVENUES AND EXPENSES Consider which surpluses and overages might “jump off the page” for a reader and provide a brief narrative/explanation for each Expenditures: Largely as anticipated. Public Meeting Advertising line was exceeded due to additional advertising of public input opportunities on the draft City Plan last summer and fall; we anticipate other lines that are presently well below budget, such as consulting, travel & training, and permitting software, to be expended Revenues: Zoning & Sign permits are tracking very close to the expected budget through 9 months; Development Review is well behind, however. The nature of projects that were submitted last fall and over the winter were such that there were several “sketch plans” of larger projects to come. Fees for this initial stage of review are lower than for other phases as applicants work through the high-level requirements of their projects. Related, projects in our area are somewhat cyclical in that there is a limited pool of both developers and engineers that prepare plans and projects. And as such with several large projects advancing from development review to permitting to construction towards construction over the past year the applicants’ focus reflect that progression. The Development Review line this year will likely be well below anticipated revenue; however we do expect that to pick back up in the coming months and into the next fiscal year. PHYSICAL PLANT: (Department Head: Greg Yandow) OVERALL SUMMARY Provide a brief summary of how your department ended the quarter/year compared to budget projections With the aging infrastructure across some City buildings, there will be more preventative maintenance needed. Fire, 575 and 577 Dorset, and Police will need more work in the future. KEY HIGHLIGHTS Showcase any highlights on major projects/accomplishments your department has done during the quarter/year, particularly those included in the year’s budget presentation to Council Completed the Police Station Dispatch renovations Keeping our city buildings clean and looking nice. I have had the honor of working with Josh, Mark, and Robert, 3 of the best staff cleaners in Chittenden County. They have made our city buildings shine! INDIVIDUAL BUDGET LINES: REVENUES AND EXPENSES Consider which surpluses and overages might “jump off the page” for a reader and provide a brief narrative/explanation for each Generator maintenance will be spent in June on maintenance. The Facilities Maintenance line has been overspent due to needed repairs. RECREATION & PARKS: (Department Head: Adam Matth) OVERALL SUMMARY Provide a brief summary of how your department ended the quarter/year compared to budget projections The Q3 numbers show us under budget or pacing as expected throughout the various line items Admin, Facilities and Senior Programs. Administration under budget pacing is heavily due to being short staff for multiple portions of the FY, down both a Director as well as Recreation Specialist. Programs are pacing at 76% after the quarter and should finish around 100%. Facilities are pacing under budget due to several CIP projects not hitting the expense report yet (Bleachers will be completed in May, Pavilion Roof Replacement will be completed in May, Dugout project will be completed in fall, Veterans Memorial Project RFQ is being drafted) as well as multiple line items being seasonal in nature which will pick up again as the weather warms up and parks open back up. Senior expenses are under budget as one of the larger events (spring brunch) has not been paid for yet. Facility improvements are going to be spent on multiple projects going forward (Jaycee Infield, Wind Screens, Soccer Goal Replacements, Field Top pers, Etc.) Revenues: Currently at 100% Expenses: Currently at 51% KEY HIGHLIGHTS Showcase any highlights on major projects/accomplishments your department has done during the quarter/year, particularly those included in the year’s budget presentation to Council Kicked off our Family Series (bingo ~250 attendance, paint nights ~50 attendance, spring art and crafts ~100 attendance). Hosted our Valentine Dance ~160 attendance, Skate Night ~325 attendance, and Egg Hunt ~800 attendance. Rolled out new programming including jiu jitsu and wrestling and running club. Completed our youth basketball (6 sessions), winter soccer sparks program (6 sessions), and swimming lessons (18 sessions). INDIVIDUAL BUDGET LINES: REVENUES AND EXPENSES Consider which surpluses and overages might “jump off the page” for a reader and provide a brief narrative/explanation for each Expenses:  Overtime: Due to the nature of the department being short staffed for the first half of the calendar year resulting in increased overtime. Park Salaries: 2nd half of this salary expense will pick up as parks begin to reopen with the weather. Capital Items: Bleacher Replacement – Project completed in May Red Rocks Pavilion – Project completed in May Dugout Project – Projected to be completed in Fall Veterans – Project RFQ being submitted. Senior Meal Cost:  This expense line item only has meals through January allocated which would project out to ~$11,000. Special Events: This expense line item is projected out over $30k Paint Nights, Bike Rodeo, Community Movies, Rec On The Go, Juneteenth, Pop Up Lunch/Snacks, National Yoga Day, Cornhole Tournament Youth Programs: With expenses from the winter/spring/summer program sessions and driver’s education this line item should project out to roughly $55k at the end of the year. Senior Events: Will project out to ~$7.5k with spring brunch expenses added. LIBRARY: (Department Head: Jennifer Murray) OVERALL SUMMARY Provide a brief summary of how your department ended the quarter/year compared to budget projections Library expenditures overall are at 67% at the end of the third quarter. The underspent lines are scheduled for higher payouts in the fourth quarter due to summer programming, an upcoming state training and bills coming due. KEY HIGHLIGHTS Showcase any highlights on major projects/accomplishments your department has done during the quarter/year, particularly those included in the year’s budget presentation to Council • The Winter Concert series was a success with only one concert postponed due to weather. Audiences were 60-120 people. • The My Vermont Eyes series with poet and professor Dr. Jolivet Anderson-Douoning included seven events about migration using spoken word and other hands-on arts experiences. • Music and poetry in the library living room during Illuminate Vermont was well attended, with a high of 70 people stopping by to listen to Dr. Jolivet. • Local musician, Lois Price, led a music history series, Modern Day Musiciennes. She has offered classes on different eras and subjects of classical music at the library for over two decades! • Hundreds of puzzles pass hands during a monthly puzzle swap. May will be the last one until after summer. • Collaboration with the Fair Housing committee led to a book discussion of Homelessness is a Housing Problem by Colburn and Albern. • We were selected by the Vermont Humanities Council to be one of the locations where Vermont Reads author, Malinda Lo, talked about her book, Last Night at the Telegraph Club, in person and virtually in the auditorium. • Elementary aged crafts and middle school cooking were prominent during winter and spring break weeks. • Registration for summer reading incentive programs for all ages will start in June. INDIVIDUAL BUDGET LINES: REVENUES AND EXPENSES Consider which surpluses and overages might “jump off the page” for a reader and provide a brief narrative/explanation for each Under spent lines are generally related to summer programming and supplies: Library supplies, Community Programs. Computer hardware is being ordered in the final quarter after an inventory. Postage is billed to the library at the end of the year. Travel and Training will be paid out for staff to attend the Vermont Library Association in May. Copier and printer use has risen this year. Revenues are high! We have received some small grants; more books have been lost and replaced; users from outside of South Burlington continue to discover us and to want to use our collections; Room rentals will continue to thrive as the need is so high; Copier/printer fees are higher than expected and offset the higher expenses. FIRE & AMBULANCE SERVICES: (Department Head: Steven Locke) OVERALL SUMMARY Provide a brief summary of how your department ended the quarter/year compared to budget projections The Fire Department finished the third quarter of FY24 in a strong position. Revenues for both prevention and ambulance transports are exceeding budget expectations. Projections anticipate totals revenues at the conclusion of the fiscal year will exceed budget by $300,000. Expenses for the Fire Department are trending on target. While several line items are exceeding budget estimates, the total expenses are approximately 71% at this point. KEY HIGHLIGHTS Showcase any highlights on major projects/accomplishments your department has done during the quarter/year, particularly those included in the year’s budget presentation to Council The Fire Department has been successful in filling all vacant positions, which helps to reduce the reliance on overtime to maintain minimum staffing. We have implemented computer aided dispatch software to move resources more efficiently. INDIVIDUAL BUDGET LINES: REVENUES AND EXPENSES Consider which surpluses and overages might “jump off the page” for a reader and provide a brief narrative/explanation for each Overtime Training – this line item is 310% expended. Primary reason is required training for all staff on new rope rescue techniques and boat operations. These needed to be conducted off duty, so employees compensated accordingly. Additionally, we supported four members who completed the Fire Officer program (required for promotional eligibility) and held recruit training in live fire at the State’s Fire Academy. Firefighter Clothing – several new employees required to be outfitted with structural fire protection clothing (pants, coat, boots, helmet, gloves, and hood). Complete package costs more than 5k per employee. This account will be overspent for some time to catch up. Airpack maintenance – we have had a couple units break and the costs to repair have been over 2k each. Vendor failed to provide a couple FY23 invoices before 8/30/23 so expense carried into FY24. Computer Contracts – This is 137% expended but is the one–time fee for records management system which is invoiced at the beginning of fiscal year. Telephone/Internet – During switch to the new phone vendor the existing provider increased rates by 300 percent. This has been addressed and going forward prices are within expectations. Oil. truck tires and fire inspector car/equipment are all over significantly by a percentage, but not much by dollars amounts. Normal one-time purchases to cover operational needs. Recruiting & Testing – Over budget due to entry level physicals for several new staff. POLICE: (Department Head: Shawn Burke) Overall Summary (provide a brief summary of how your department ended the quarter/year compared to budget projections): The Q3 data reflects anticipated expenses and revenue given the current operations. Key Highlights (showcase any highlights on major projects/accomplishments your department has done during the quarter/year, particularly those included in the year’s budget presentation to Council): The department spent a great deal of resources, namely staff time, in screening applicants to fill our ranks in three positions; police officer, dispatcher, and summer parks patrol. At this stage we have successfully hired two dispatch candidates, two police officer candidates, while one police applicant and four summer parks patrol candidates remain in background investigation. Individual Budget lines - Revenues and Expenses (consider which surpluses and overages might “jump off the page” for a reader, please provide a brief narrative/explanation for each): Revenues: As reported in Q2; The used car market has been strong; the sale of cruiser line confirms this market trend. SHARP / Off Duty Police – Officers have worked more voluntary overtime which is paid via grant or by outside contract, e.g. security at the mosque. Parking Tickets – greater than expected compliance with tickets issued for violations. Bullet proof vest grant – the FY 24 grant was awarded to the Department. Expenditures: Police Salaries – Overtime – This line is trending upward given our increasing vacancy rate. The department will offset this with line to a degree with adjustments from Mandatory Training – Overtime and BCI on Call budget lines in Q4. The department is actively working with finance to integrate payroll software applications which align with the budget lines eliminating the need for line these line adjustments in FY25. Traffic Unit Supplies / Traffic Safety Grant – As reported in Q2; The department has acquired the budgeted items; renewed the data capture contract for the speed detection trailer and investment in new radar technology for speed enforcement. Tires – As reported in Q2; The department purchased the snow tires needed for the fleet. Dues and Subscriptions – As reported in Q2; The department has paid for half of the subscriptions we rely on each year. Body Worn Cameras – As reported in Q2; The department paid the annual contract fee for the Axon suite of services; body worn cameras, cruiser cameras, cloud-based storage, electronic control weapons. Animal Control Contracts – Officers seized six dogs during the course of an animal neglect investigation in September. The dogs were held at our contract vendor while the Court adjudicated the forfeiture proceedings. In total, kennel costs for the six dogs amounted to over $11,000. The Court did impose restitution, the likelihood of that being collected is low. The department anticipates this line being over spent given our animal control officer contract obligations. Vehicle Repair – The department has identified growing fleet maintenance costs as a major fiscal challenge in FY 24. Data has identified five aging patrol vehicles which are driving a majority of the increase seen maintenance costs, in addition to inflation. The department is working with City Management on a vehicle replacement plan. PUBLIC WORKS – HIGHWAY: (Department Head: Tom DiPietro; Fund Manager: Adam Cate) OVERALL SUMMARY The Highway Expense budget for the third quarter of FY24 stands at 77.41% spent, largely in line with expectations. Revenue is significantly higher than budgeted due to receipt of $921,382 in grants related to the Dorset Street Signal Project included in the “Other Grants”. KEY HIGHLIGHTS Winter salt stands at 65.75% spent, representing a savings of $44,523. The diesel fuel line item is also likely to finish under budget. Both can be attributed to a light winter. DPW Garage Expansion continues through the Engineering phase of the project, with only 5.28% of the budgeted amount spent. This is a CIP project and remaining funds will roll over in FY25 as the project progresses. Highway Paving funds will roll over into FY25 to support Dorset Street Phase IV paving. INDIVIDUAL BUDGET LINES: REVENUES AND EXPENSES Office supplies and telephone/internet are higher than budgeted due to office renovations for additional staff and changing of phone provider. Vehicle Replacement appears underspent, but numerous vehicles have been purchased since the end of quarter 3. PUBLIC WORKS – WATER QUALITY: (Department Head: Tom DiPietro; Fund Manager: Bob Fischer) OVERALL SUMMARY Overall, Water Quality division expenditures stand at 51.6%. At this time, there are a few significant budget line items that have not been spent including the loan for Airport Parkway and work related to the Bartlett Bay wastewater facility refurbishment project. We expect these line items to be fully expended this fiscal year. If these costs are added to the total expenditures, the Water Quality division budget expenditures would be at 79%. The Water Quality division revenue budget stands at 66%. Colchester’s annual fee has not yet been recorded, so with the addition of this fee the revenue is at 78%. Due to continued growth in South Burlington, we anticipate finishing the year with slightly more revenue than projected due to receipt of connection fees beyond what was anticipated. KEY HIGHLIGHTS The Bartlett Bay wastewater treatment facility refurbishment project continues to progress. Final engineering work is underway by the City’s engineering consultant (Hoyle Tanner and Associates) with direction from Public Works and Water Quality staff. The Airport Parkway wastewater treatment solids handling project encountered delays due to contracting requirements with the state of Vermont. These issues were recently resolved and we expect to finalize an agreement with the project engineer (Aldrich and Elliott). The project is on schedule for construction in 2025. INDIVIDUAL BUDGET LINES: REVENUES AND EXPENSES Sewer Line Maint/Supplies is approximately $14,000 over budget due to emergency repairs to the Hinesburg Rd forcemain that failed during the December storm event. Safety is approximately $7,500 over budget due to gas meter repairs, hoists repairs after annual inspection and backflow preventors repairs after annual inspection. Landfill Engineering is approximately $16,000 over budget due to the specialized pump failing and a new pump being purchased, along with routine monitoring costs. PUBLIC WORKS – DRINKING WATER: (Department Head: Tom DiPietro; Fund Manager: Jay Nadeau) OVERALL SUMMARY The third quarter Drinking Water budget indicates net revenue exceeds expenditures by ~$93,000 going into the fourth quarter of the 2024 fiscal year. Revenue from Investment Interest, Service Work, and Connection and Allocation Fees are ahead of projections. Many projected Expenses occur in the third quarter of the fiscal year, like Debt Service payments and System Improvements, but so far other expenses are below projections. KEY HIGHLIGHTS The EPA required Lead Service Line Inventory program is well underway, with MSK Engineers and SBWD staff performing the required incoming service line observations. The meter upgrade program also continues and the upgrade to the radio read system is over 95% complete. INDIVIDUAL BUDGET LINES: REVENUES AND EXPENSES Investment Interest is considerably higher than anticipated thanks to banking rate increases. Service revenue is also higher than expected at this time. Water Supply permit fees and Water purchases are higher than projected and when compared to water sales revenue may indicate the possibility of unfound leaks. The System Improvements and Professional Service line items are under budget to date and have the potential to allow for repairs on the system during the fourth quarter, pending further review. PUBLIC WORKS – STORMWATER: (Department Head: Tom DiPietro; Fund Manager: Marisa Rorabaugh) OVERALL SUMMARY At the end of Q3, the stormwater division stands at 44.9% spent of the total expenditures budget. This is primarily due to low expenditures in the Stormwater Capital Projects line item, the Vehicles/Equipment line item and the Storm System Maintenance Materials line item. Significant expenses are expected to occur in Q4 as we move into the summer work season. Revenue for the stormwater division stands at 54.32% received at the end of Q3, primarily due to the Intergovernmental Revenue line item. Due to the timing of billing, the S/W User Fees line item stands at 66.34% collected, slightly behind where we would expect at the end of Q3. KEY HIGHLIGHTS The Stormwater Division was awarded two grants in Q3, a $600,000 VTrans Transportation Alternatives Program grant to design and construct replacements for two undersized culverts in the Butler Farms neighborhood, and a $44,000 VTrans Municipal Highway and Stormwater Program Grant for a scoping study for a Flow Restoration Plan project. This brings the total grant dollars awarded to the Stormwater Division in FY24 to approximately $1.6 million. The expenditures and reimbursements associated with these grants will be seen primarily in FY25 and beyond. INDIVIDUAL BUDGET LINES: REVENUES AND EXPENSES Capital Improvement Projects was 20.75% spent. Several large projects that were slated to go to construction this fiscal year are still working their way through permitting at the State level. Vehicles and Equipment was 35.17% spent. Payment for a new street sweeper will be processed in Q4. Storm System Maintenance Material was 13.18% spent. Several larger maintenance projects will be completed in Q4 when the weather allows. Intergovernmental Revenue stood at 21.52% collected. This is due to the timing of grant reimbursements. $255,000 in grant revenue associated with the Burlington Country Club gravel wetland was received in FY24 Q3. Additional grant reimbursement payments are expected in Q4. PUBLIC WORKS – PENNY FOR PATHS: (Department Head: Tom DiPietro; Fund Manager: Erica Quallen) OVERALL SUMMARY In Q3 of FY24, a total of $41,083.80 was spent from Fund 604 (Penny for Paths). These costs were primarily related to the completion of the two crosswalks on Williston Road at Pine Tree Terrace/Davis Parkway and near Elsom Parkway which were constructed by Don Weston Excavating and inspected by Greenman-Pederson, Inc. Two new efforts are underway and incurring costs which are the Allen Road Shared Use Path Scoping Study and right-of-way easement acquisition compensations for the Dorset Street Shared Use Path. KEY HIGHLIGHTS The final invoices for the Williston Road Crosswalks project were paid in FY24 Q3, as well as the reimbursement from the Vermont Agency Transportation (VTrans) grant which supported this project. The Allen Road Shared Use Path Scoping Study also began in FY24 and the first invoices for this project were paid in Q3 to Hoyle Tanner & Associates. This project has also received a grant from VTrans for $40,000 which will be paid out as a reimbursement upon project completion. INDIVIDUAL BUDGET LINES: REVENUES AND EXPENSES An Intergovernmental Revenue payment of $95,127.99 was made in FY24 Q3. This is the grant reimbursement for the Williston Road Crosswalks. This grant covered approximately 25% of the total design and construction costs. The first payment for easement acquisition from a property owner on Dorset Street for the shared use path between Old Cross Road and Sadie Lane was made in Q3. This payment was for $9,490 and is the first of multiple forthcoming easement compensations. PUBLIC WORKS – OPEN SPACE FUND: (Department Head: Tom DiPietro; Fund Manager: Erica Quallen) OVERALL SUMMARY In FY24 Q3, Fund 309 (Open Space Fund) was only used for land acquisition. The portion of the fund used for improvements in designated Open Space Areas was not spent during Q3. Projects in Red Rocks to improve trails and stormwater and at Hubbard Recreation & Natural Area to construct a shared use path are ongoing, but no invoices were issued or paid in Q3. KEY HIGHLIGHTS Design continued on the Red Rocks and Hubbard projects in Q3 as the consultants move through permitting and final designs on both projects. They are both expected to go to construction in 2025 and will be paid for using Open Space Funds. INDIVIDUAL BUDGET LINES: REVENUES AND EXPENSES There were no expenses related to Open Space improvements in Q3 of FY24. City of South Burlington General Ledger Expenditure Report - GENERAL FUND Current Year Period 9 Mar % Budget Unencumbered FY-23/24 MTD Account Budget Expenditures Expended Balance Pd 9 Mar GENERAL GOVERNMENT EXP. CITY COUNCIL $63,750.00 $61,269.62 96.11% $2,480.38 $49,259.96 HR & BENFITS ADMINISTRATI $896,056.52 $443,016.32 49.44% $453,040.20 $37,853.22 GF INSURANCE $682,365.73 $778,494.97 114.09% -$96,129.24 $267,382.90 CITY MANAGER $523,229.45 $276,685.14 52.88% $246,544.31 $32,992.41 LEGAL $366,115.31 $270,826.06 73.97% $95,289.25 $16,294.61 ADMINISTRATIVE SERVICES $1,242,115.17 $663,780.08 53.44% $578,335.09 $55,282.48 INFORMATION TECHNOLOGY $584,994.68 $355,602.12 60.79% $229,392.56 $46,697.61 CITY CLERK $464,169.43 $355,967.25 76.69% $108,202.18 $39,805.81 PHYSICAL PLANT $875,044.04 $617,245.01 70.54% $257,799.03 $71,868.19 ASSESSING/TAX/FINANCE $723,874.07 $516,631.77 71.37% $207,242.30 $46,373.08 ASSIGNED FUND BAL TRANSFER/SPENDING $0.00 $751,671.04 100.00% -$751,671.04 $664,657.02 PLANNING/DESIGN REVIEW $918,730.97 $509,934.10 55.50% $408,796.87 $63,563.96 TO CAPITAL/RESERVE FUNDS $933,200.00 $933,200.00 100.00% $0.00 $933,200.00 Total GENERAL GOVERNMENT EXP. $8,273,645.37 $6,534,323.48 78.98% $1,739,321.89 $2,326,044.45 PUBLIC SAFETY FIRE DEPARTMENT $5,994,396.69 $3,890,861.79 64.91% $2,103,534.90 $377,821.05 POLICE DEPARTMENT $7,255,230.46 $4,820,130.36 66.44% $2,435,100.10 $405,263.38 Total PUBLIC SAFETY $13,249,627.15 $8,708,962.82 65.73% $4,540,664.33 $783,084.43 STREETS & HIGHWAYS HIGHWAY DEPARTMENT $4,575,586.04 $3,542,079.65 77.41% $1,033,506.39 $281,942.47 Total STREETS & HIGHWAYS $4,575,586.04 $3,542,079.65 77.41% $1,033,506.39 $281,942.47 CULTURE AND RECREATION RECREATION ADMINISTRATION $527,613.70 $293,920.66 55.71% $233,693.04 $30,166.11 PROGRAMS $146,000.00 $111,967.57 76.69% $34,032.43 $19,965.34 FACILITIES $175,056.25 $30,682.12 17.53% $144,374.13 $1,905.01 SENIOR PROGRAMS $38,500.00 $15,382.42 39.95% $23,117.58 $623.13 PUBLIC LIBRARY $1,045,028.63 $700,284.51 67.01% $344,744.12 $69,059.97 CAPITAL/PARK MAINTENANCE $726,434.93 $395,388.57 54.43% $331,046.36 $33,020.02 Total CULTURE AND RECREATION $2,658,633.51 $1,547,625.85 58.21% $1,111,007.66 $154,739.58 OTHER OPERATING ENTITIES $937,809.97 $924,282.02 98.56% $13,527.95 $197,184.67 Total OTHER ENTITIES $937,809.97 $924,282.02 98.56% $13,527.95 $197,184.67 CURRENT PRINCIPAL BONDS $1,211,203.30 $625,021.00 51.60% $586,182.30 $0.00 CURRENT INTEREST BONDS $233,813.00 $124,188.59 53.11% $109,624.41 $0.00 Total GENERAL FUND 31,140,318.34$ 22,006,483.41$ 70.67% 9,133,834.93$ 3,742,995.60$ City of South Burlington General Ledger Expenditure Report - ENTERPRISE FUND/W.P.C. Current Year Period 9 Mar % Budget Unencumbered FY-23/24 MTD Account Budget Expenditures Expended Balance Pd 9 Mar W/POLLUTION CONTROL EXPS. Salaries-Permanent $700,693.02 $509,181.70 72.67% $191,511.32 $51,699.13 Payment to Highway-wages $278,354.89 $244,193.89 87.73% $34,161.00 $244,193.89 Leave Time Turn-In $7,000.00 $0.00 0.00% $7,000.00 $0.00 Salaries-Overtime $75,000.00 $62,607.06 83.48% $12,392.94 $5,663.47 Payment to Sick Bank Fund $6,677.02 $6,677.02 100.00% $0.00 $6,677.02 Payroll Service $1,692.27 $1,692.27 100.00% $0.00 $1,692.27 PAFO Certification $9,000.00 $7,973.56 88.60% $1,026.44 $807.64 Sick Bank Payouts $10,000.00 $0.00 0.00% $10,000.00 $0.00 Fringe Benefits $9,300.69 $300.00 3.23% $9,000.69 $0.00 FICA/Medicare $60,794.02 $45,234.44 74.41% $15,559.58 $4,495.48 Payment to Highway-FICA/M $33,289.64 $33,289.64 100.00% $0.00 $33,289.64 Vision Plan $779.69 $520.57 66.77% $259.12 $58.64 Disability Insurance $2,139.12 $1,808.00 84.52% $331.12 $226.00 Long Term Disability Insu $4,060.42 $2,615.84 64.42% $1,444.58 $326.98 Group Health Insurance $131,970.16 $101,270.68 76.74% $30,699.48 $8,249.03 Group Life Insurance $2,782.32 $608.00 21.85% $2,174.32 $76.00 Group Dental Insurance $7,409.53 $4,894.13 66.05% $2,515.40 $606.75 Pension $94,710.61 $55,532.25 58.63% $39,178.36 $0.00 ICMA Match $30,067.64 $17,199.57 57.20% $12,868.07 $1,907.58 Pension Note Payment $39,075.00 $39,075.00 100.00% $0.00 $39,075.00 Office Supplies $2,100.00 $1,208.67 57.56% $891.33 $0.00 Plant Supplies $125,000.00 $72,026.61 57.62% $52,973.39 $2,581.11 Polymer $120,000.00 $78,402.12 65.34% $41,597.88 $0.00 Sewer Line Maint/Supplies $27,000.00 $40,895.78 151.47% -$13,895.78 $250.00 Pumping Station Supplies $18,000.00 $16,182.68 89.90% $1,817.32 $0.00 Laboratory Supplies $14,500.00 $8,796.69 60.67% $5,703.31 $1,031.25 Caustic Soda and Lime $175,000.00 $114,065.44 65.18% $60,934.56 $11,632.50 Alum $280,000.00 $251,609.17 89.86% $28,390.83 $23,345.44 Water-Airport-B/B-Pump $1,800.00 $1,374.71 76.37% $425.29 $275.20 Generator Preventive Main $10,000.00 $1,699.59 17.00% $8,300.41 $0.00 Clothing Supplies $4,250.00 $2,680.40 63.07% $1,569.60 $0.00 Truck Parts $12,500.00 $9,445.03 75.56% $3,054.97 $3,145.90 Gas - Diesel Fuel - Oil $13,000.00 $15,724.93 120.96% -$2,724.93 $1,831.44 Fuel - Airport Parkway $65,000.00 $45,249.48 69.61% $19,750.52 $8,585.27 Fuel - Bartlett Bay $6,500.00 $4,042.50 62.19% $2,457.50 $1,358.06 Telephone and Alarms $6,500.00 $8,257.75 127.04% -$1,757.75 $673.21 Memberships/Dues $39,607.80 $19,072.14 48.15% $20,535.66 $0.00 Discharge Permits $15,000.00 $3,750.00 25.00% $11,250.00 $0.00 Workers Comp Insurance $18,729.67 $18,603.52 99.33% $126.15 $4,572.95 Property Insurance $61,598.06 $65,790.38 106.81% -$4,192.32 $16,291.41 Unemployment Insurance $933.57 $0.00 0.00% $933.57 $0.00 Safety $5,500.00 $12,970.06 235.82% -$7,470.06 $770.86 Billing Payment to CWD $73,000.00 $35,000.00 47.95% $38,000.00 $0.00 Soil/Sludge Management $140,000.00 $106,709.35 76.22% $33,290.65 $4,824.77 Landfill Fees $1,000.00 $0.00 0.00% $1,000.00 $0.00 Building Improvements $7,500.00 $991.89 13.23% $6,508.11 $0.00 Pumps Replacements $55,000.00 $30,560.25 55.56% $24,439.75 $10,160.25 Pumps Replacements $43,000.00 $15,440.75 35.91% $27,559.25 $500.48 Marathon Health ctr cost $22,031.39 $11,015.00 50.00% $11,016.39 $11,015.00 HVAC Maintenance $38,000.00 $29,487.57 77.60% $8,512.43 $0.00 Auditing $3,773.86 $3,773.86 100.00% $0.00 $3,773.86 Engineering/Consulting $18,000.00 $516.00 2.87% $17,484.00 $0.00 Landfill Engineering $17,500.00 $33,920.08 193.83% -$16,420.08 $0.00 Payment to SW for GIS $12,635.00 $12,635.00 100.00% $0.00 $12,635.00 Administrative Services $145,281.42 $138,000.00 94.99% $7,281.42 $138,000.00 Burlington Sewer Lines $2,000.00 $791.20 39.56% $1,208.80 $0.00 Travel & Training $6,500.00 $5,802.59 89.27% $697.41 $224.00 Utilities-Pumping Station $105,000.00 $73,364.96 69.87% $31,635.04 $9,521.92 Utilities--L/Fill Station $900.00 $0.00 0.00% $900.00 $0.00 Electric-Airport Parkway $210,000.00 $144,113.62 68.63% $65,886.38 $0.00 Electric-Bartlett Bay $150,000.00 $106,066.41 70.71% $43,933.59 $0.00 Replacement-Vehicles $290,000.00 $55,076.13 18.99% $234,923.87 $0.00 Pump Repairs $0.00 $21,261.00 100.00% -$21,261.00 $0.00 PMT to SW for Hadley Loan $73,648.00 $73,648.00 100.00% $0.00 $73,648.00 Bartlett Bay Upgrades $600,000.00 $105,071.50 17.51% $494,928.50 $0.00 Capital Projects - CIP $350,000.00 $14,825.70 4.24% $335,174.30 $0.00 Loan for Hadley Sewer $112,000.00 $111,786.54 99.81% $213.46 $0.00 Loan for Airport Parkway $970,000.00 $0.00 0.00% $970,000.00 $0.00 Total W/POLLUTION CONTROL EXPS. $5,974,084.81 $3,056,378.67 51.16%$2,917,706.14 $739,692.40 City of South Burlington General Ledger Expenditure Report - STORM WATER UTILITIES Current Year Period 9 Mar % Budget Unencumbered FY-23/24 MTD Account Budget Expenditures Expended Balance Pd 9 Mar S/WATER UTILITIES EXPS Salaries-Permanent $458,034.55 $375,753.23 82.04% $82,281.32 $39,338.49 Payment to Highway-Wages $78,215.00 $78,215.00 100.00% $0.00 $78,215.00 Salaries-Overtime $23,000.00 $18,259.07 79.39% $4,740.93 $1,004.46 Payment to Sick Bank Fund $5,900.62 $5,900.62 100.00% $0.00 $5,900.62 Payroll Service $1,480.75 $1,480.75 100.00% $0.00 $1,480.75 Fringe Benefits $6,387.00 $424.00 6.64% $5,963.00 $0.00 FICA/Medicare $36,799.14 $31,169.81 84.70% $5,629.33 $3,205.04 Vision Plan $631.39 $284.70 45.09% $346.69 $30.91 Disability Income Insuran $4,574.64 $3,868.83 84.57% $705.81 $483.60 Group Health Insurance $113,897.30 $89,556.70 78.63% $24,340.60 $6,813.68 Health Insurance FICA $459.00 $0.00 0.00% $459.00 $0.00 Group Life Insurance $1,906.98 $532.00 27.90% $1,374.98 $66.50 Group Dental Insurance $5,718.61 $4,592.48 80.31% $1,126.13 $574.06 Pension $88,872.21 $252,563.42 284.19% -$163,691.21 $0.00 ICMA Match $23,002.64 $21,080.76 91.64% $1,921.88 $2,302.93 Pension Note Payment $26,910.00 $26,910.00 100.00% $0.00 $26,910.00 Office Supplies $1,500.00 $2,854.93 190.33% -$1,354.93 $225.90 Small Equipment/Tools $3,000.00 $6,450.38 215.01% -$3,450.38 $110.55 Uniforms/Supplies $6,500.00 $4,847.45 74.58% $1,652.55 $795.17 Gasoline $2,500.00 $2,530.00 101.20% -$30.00 $153.11 Oil $275.00 $445.40 161.96% -$170.40 $113.24 Diesel Fuel $7,500.00 $8,923.42 118.98% -$1,423.42 $2,859.52 Permit Requirement-Educat $7,000.00 $7,000.00 100.00% $0.00 $0.00 Telephone $2,000.00 $1,380.52 69.03% $619.48 $53.97 Membership/Dues $600.00 $556.00 92.67% $44.00 $165.00 Discharge Permits Renewal $24,000.00 $14,776.00 61.57% $9,224.00 $0.00 Workers Comp Insurance $16,551.80 $16,440.31 99.33% $111.49 $4,041.21 Property Insurance $14,245.09 $15,214.82 106.81% -$969.73 $3,767.53 Unemployment Insurance $933.57 $0.00 0.00% $933.57 $0.00 GIS-Fees/Software $75,000.00 $12,374.06 16.50% $62,625.94 $0.00 Sediment & Depris Disposa $200.00 $0.00 0.00% $200.00 $0.00 Water Quality Monitoring $15,000.00 $10,706.79 71.38% $4,293.21 $0.00 Building/Grounds Maint $200.00 $0.00 0.00% $200.00 $0.00 Reimb Highway Benefit $33,289.64 $33,289.64 100.00% $0.00 $33,289.64 Marathon Health ctr cost $25,178.73 $12,589.89 50.00% $12,588.84 $12,589.89 Vehicle Maintenance $15,000.00 $17,707.97 118.05% -$2,707.97 $2,959.82 Storm System Maint Materi $100,000.00 $13,178.10 13.18% $86,821.90 $210.63 Printing $100.00 $0.00 0.00% $100.00 $0.00 Legal Services $20,000.00 $120.00 0.60% $19,880.00 $0.00 To GF-Audit and Actuary $4,287.21 $4,287.21 100.00% $0.00 $4,287.21 Engineering-Watershed $35,000.00 $0.00 0.00% $35,000.00 $0.00 Billing Payment CWD $73,000.00 $35,000.00 47.95% $38,000.00 $0.00 Office Furniture/Equipmen $1,000.00 $0.00 0.00% $1,000.00 $0.00 Office Equipment Maintena $2,500.00 $39.12 1.56% $2,460.88 $0.00 Equipment Rental $250.00 $0.00 0.00% $250.00 $0.00 Administrative Services $66,746.24 $66,746.24 100.00% $0.00 $66,746.24 Conference/Training Expen $8,000.00 $4,570.35 57.13% $3,429.65 $1,242.52 S/W Bldg Utilities $3,500.00 $2,604.31 74.41% $895.69 $560.09 Stormwater Pumps Electric $300.00 $196.20 65.40% $103.80 $25.09 Flow Restoration Plan Ana $5,000.00 $0.00 0.00% $5,000.00 $0.00 Vehicles/Equipment $745,000.00 $261,997.83 35.17% $483,002.17 $0.00 Stormwater Capital Projec $2,005,000.00 $415,995.18 20.75% $1,589,004.82 $17,039.71 Office Furniture/Equipmen $0.00 $179.94 100.00% -$179.94 $0.00 Total STORM WATER UTILITIES $4,195,947.11 $1,883,593.43 44.89% $2,312,353.68 $317,562.08 City of South Burlington General Ledger Revenue Report - GENERAL FUND Current Year Period 9 March Estimated Received % Budget Uncollected FY-23/24 MTD Account Revenue To Date Received Balance Pd 9 Mar TAX REVENUE TAX REVENUE 19,604,298.92$ (19,395,272.07)$ 98.93% 209,026.85$ (3,565,219.23)$ LOCAL OPTION TAXES 4,850,000.00$ (3,177,962.22)$ 65.52% 1,672,037.78$ -$ Total TAX REVENUE 24,454,298.92$ (22,573,234.29)$ 92.31% 1,881,064.63$ (3,565,219.23)$ INTEREST/PENALTY ON TAX 423,500.00$ (244,461.27)$ 57.72% 179,038.73$ (50,056.96)$ Other Health Services 267,346.40$ (53,349.17)$ 19.96% 213,997.23$ -$ CITY MANAGER 1,842,326.56$ (1,443,402.13)$ 78.35% 398,924.43$ (437,396.96)$ CITY CLERK 351,000.00$ (173,424.10)$ 49.41% 177,575.90$ (25,740.00)$ PLANNING 561,100.00$ (326,359.66)$ 58.16% 234,740.34$ (18,135.36)$ FIRE DEPARTMENT 799,000.00$ (750,497.16)$ 93.93% 48,502.84$ (27,253.07)$ AMBULANCE 990,000.00$ (880,858.17)$ 88.98% 109,141.83$ (100,282.04)$ POLICE DEPARTMENT 277,150.00$ (61,205.29)$ 22.08% 215,944.71$ (8,636.89)$ HIGHWAY DEPARTMENT 1,014,896.45$ (1,742,686.28)$ 71.71% (727,789.83)$ (414,422.71)$ Senior Programs 26,650.00$ (23,420.00)$ 87.88% 3,230.00$ (1,758.00)$ SPECIAL ACTIVITIES 125,000.00$ (128,913.05)$ 103.13% (3,913.05)$ (20,762.60)$ PUBLIC LIBRARY 8,050.00$ (15,318.42)$ 90.29% (7,268.42)$ (2,459.14)$ Department Total 6,686,019.41$ (5,843,894.70)$ 87.40% 842,124.71$ (1,106,903.73)$ Total GENERAL FUND 31,140,318.33$ (28,417,128.99)$ 91.26% 2,723,189.34$ (4,672,122.96)$ City of South Burlington General Ledger Revenue Report - ENTERPRISE FUND/W.P.C. Current Year Period 9 March Estimated Received % Budget Uncollected FY-23/24 MTD Account Revenue To Date Received Balance Pd 9 Mar CHARGES FOR SERVICES W.P.C. User Fees 4,113,150.00$ (3,166,065.47)$ 76.97% 947,084.53$ (402,280.69)$ Sewer Septage Revenue 23,000.00$ (22,310.00)$ 97.00% 690.00$ (3,190.50)$ Connection Fees 582,800.00$ (698,283.82)$ 119.82% (115,483.82)$ 15,164.84$ Enviromental Impact -$ (4,030.00)$ 100.00% (4,030.00)$ -$ Total CHARGES FOR SERVICES 4,718,950.00$ (3,890,689.29)$ 82.45% 828,260.71$ (390,306.35)$ BOND AND LOAN PROCEEDS Colchester A/P Pkwy Pm 742,310.00$ -$ 0.00% 742,310.00$ -$ Total BOND AND LOAN PROCEEDS 742,310.00$ -$ 0.00% 742,310.00$ -$ MISCELLANEOUS Miscellaneous Rev.-W.P 10,000.00$ (28,174.03)$ 281.74% (18,174.03)$ -$ Reserve Fund Transfer 502,824.79$ -$ 0.00% 502,824.79$ -$ Total MISCELLANEOUS 512,824.79$ (28,174.03)$ 5.49% 484,650.76$ -$ Total ENTERPRISE FUND/W.P.C. 5,974,084.79$ (3,918,863.32)$ 65.60% 2,055,221.47$ (390,306.35)$ City of South Burlington General Ledger Revenue Report - STORM WATER UTILITIES Current Year Period 9 March Estimated Received % Budget Uncollected FY-23/24 MTD Account Revenue To Date Received Balance Pd 9 Mar S/WATER UTILITIES REVENUE Intergovernmental Revenue 1,189,000.00$ (255,830.70)$ 21.52% 933,169.30$ (255,000.00)$ S/W User Fees - Water Bil 2,779,678.00$ (1,844,057.20)$ 66.34% 935,620.80$ (191,779.13)$ GIS Reimb From Other Fund 50,543.00$ (37,905.00)$ 25.00% 12,638.00$ (37,905.00)$ Pmts from other towns 40,000.00$ (4,320.98)$ 10.80% 35,679.02$ -$ Land Owner Payments -$ (59,019.80)$ 100.00% (59,019.80)$ -$ Stormwater Miscellaneous 30,000.00$ (4,639.17)$ 15.46% 25,360.83$ -$ Hadley Sewer Proj-Sewer f 73,000.00$ (73,648.00)$ 100.89% (648.00)$ (73,648.00)$ Reserve Transfer In 33,726.10$ -$ 0.00% 33,726.10$ -$ Total STORM WATER UTILITIES 4,195,947.10$ (2,279,420.85)$ 54.32% 1,916,526.25$ (558,332.13)$ Champlain Water District Statement of Revenues and Expenditures - Unposted Transactions Included In Report 70 - South Burlington Water Department 90 - South Burlington Water From 3/1/2024 Through 3/31/2024 CURRENT MONTH Year To Date Actual Original Total Budget $ - Original Remaining - Budget Percent Total Revenue Water Sales 4000 273,101.95 2,119,636.46 2,859,211.00 (25.87)% Interest Earned 4010 2,040.49 20,161.34 6,000.00 236.02% Private Hydrants / Sprinkler Systems 4035 2.19 45,107.42 44,500.00 1.36% Service Work 4036 4,415.36 31,447.19 14,000.00 124.62% Backflow Device Testing / Recording Fees 4037 157.50 397.50 1,200.00 (66.88)% Connection Fees - Operating 4040 3,750.00 56,250.00 108,000.00 (47.92)% Connection Fees - Capital 4041 2,500.00 37,500.00 30,000.00 25.00% Bond Payments - Connection/Allocation Fees 4042 15,300.00 381,984.10 30,000.00 1,173.28% Penalties 4050 702.98 19,963.06 20,000.00 (0.18)% Meter Sales 4053 0.00 9,413.15 16,000.00 (41.17)% Miscellaneous Revenue 4060 1,690.30 2,768.71 1,882.00 47.12% Grant Income 4075 0.00 0.00 174,000.00 (100.00)% South Burlington Sewer Department 4095 0.00 35,000.00 70,000.00 (50.00)% South Burlington Stormwater Department 4098 0.00 35,000.00 70,000.00 (50.00)% Water Bond Payment Revenue / Xfer from Capital 4200 0.00 140,861.49 281,722.99 (50.00)% Total Revenue 303,660.77 2,935,490.42 3,726,515.99 (21.23)% Total Revenue 303,660.77 2,935,490.42 3,726,515.99 (21.23)% Expenditures Supplies and Tools 5011 810.45 5,152.62 9,000.00 42.75% Postage 5012 78.20 14,527.48 16,000.00 9.20% Phones, Internet, Data, and Pagers 5013 0.00 0.00 500.00 100.00% Miscellaneous Expense 5017 0.00 319.06 2,000.00 84.05% General Insurance 5030 0.00 0.00 5,175.00 100.00% Consulting Services 5051 0.00 0.00 49,003.28 100.00% Management Fees 5052 11,977.00 107,793.00 143,725.00 25.00% Contractors 5054 0.00 27,950.71 130,772.00 78.63% Building Lease 5055 1,747.88 15,730.92 20,975.00 25.00% Legal 5060 0.00 0.00 1,500.00 100.00% Audit 5061 0.00 0.00 4,772.71 100.00% Public Outreach 5065 0.00 0.00 3,500.00 100.00% Principal on Long Term Debt 5070 0.00 0.00 94,980.00 100.00% Interest on Long Term Debt 5071 0.00 0.00 1,989.00 100.00% Water Purchase - CWD 5080 176,913.92 1,472,309.79 1,793,000.00 17.89% Water Supply Fees 5090 3,239.00 26,955.51 33,175.00 18.75% Capital Contribution - General 5100 0.00 260,015.50 520,031.00 50.00% Capital Transfer - Connection Fees 5105 17,800.00 419,484.10 60,000.00 (599.14)% Non-Bargaining Unit Salaries 5170 18,120.00 163,080.00 217,440.00 25.00% Bargaining Unit Salaries 5171 26,939.28 222,326.61 350,845.00 36.63% Date: 4/5/24 06:42:23 AM Page: 1 Champlain Water District Statement of Revenues and Expenditures - Unposted Transactions Included In Report 70 - South Burlington Water Department 90 - South Burlington Water From 3/1/2024 Through 3/31/2024 CURRENT MONTH Year To Date Actual Original Total Budget $ - Original Remaining - Budget Percent Total Overtime, Shift & Holiday 5172 390.46 6,831.22 13,000.00 47.45% Computer Network 5210 0.00 7,004.98 7,000.00 (0.07)% Software Maintenance 5220 0.00 0.00 12,685.00 100.00% Vehicle & Light Duty Equipment Maintenance 6400 2,345.68 21,111.12 28,148.00 25.00% Emergency On-Call Coverage 6700 250.00 2,250.00 2,800.00 19.64% Distribution Materials 6800 2,870.10 69,392.66 120,500.00 42.41% Distribution System Improvements 8502 0.00 0.00 84,000.00 100.00% Total Expenditures 263,481.97 2,842,235.28 3,726,515.99 23.73% Net Revenue Over Expenditures 40,178.80 93,255.14 0.00 0.00% Date: 4/5/24 06:42:23 AM Page: 2 Champlain Water District Balance Sheet - Unposted Transactions Included In Report 70 - South Burlington Water Department As of 3/31/2024 Current Year Assets Current Assets Cash & Cash Equivalents South Burlington Water Checking Account 1015 467,629.32 South Burlington Water Capital Reserve Account 1016 949,071.63 Total Cash & Cash Equivalents 1,416,700.95 Accounts Receivable AR import Balance 1101 Miscellaneous 250 225.00 Utility Billing 260 871,524.83 Unbilled Water 270 464,012.57 Total Accounts Receivable 1,335,762.40 Inventories Inventory 1200 53,572.54 Total Inventories 53,572.54 Total Current Assets 2,806,035.89 Long-term Assets Property & Equipment 3,588,742.36 Total Property & Equipment 3,588,742.36 Total Long-term Assets 3,588,742.36 Total Assets 6,394,778.25 Liabilities Short-term Liabilities Accounts Payable Accounts Payable 2000 837,873.36 Total Accounts Payable 837,873.36 Other Short-term Liabilities SB Stormwater Fees 2008 262,238.05 Total Other Short-term Liabilities 262,238.05 Total Short-term Liabilities 1,100,111.41 Long-term Liabilities Long-term Liabilities Bond Payable - SB Water Improvements 2701 285,315.27 Total Long-term Liabilities 285,315.27 Total Long-term Liabilities 285,315.27 Total Liabilities 1,385,426.68 Net Assets Beginning Net Assets Net Assets 4,617,084.24 Current YTD Net Income N/A 000 (1,727,369.13) Date: 4/5/24 06:43:36 AM Page: 1 Champlain Water District Balance Sheet - Unposted Transactions Included In Report 70 - South Burlington Water Department As of 3/31/2024 Current Year Retail Water 030 2,085,732.61 Bulk Water 040 33,903.85 Total Current YTD Net Income 392,267.33 Total Net Assets 5,009,351.57 Total Liabilities and Net Assets 6,394,778.25 Date: 4/5/24 06:43:36 AM Page: 2 City of South Burlington General Ledger Expenditure Report - GENERAL FUND Current Year Period 10 April % Budget Unencumbered FY-23/24 MTD Account Budget Expenditures Expended Balance Pd 10 Apr GENERAL GOVERNMENT EXP. CITY COUNCIL 63,750.00$ 65,064.16$ 102.06% $ 3,794.54 (1.314.16) $ HR & BENFITS ADMINISTRATI 896,056.52$ 491,730.82$ 54.88%404,325.70$ 48,714.50$ GF INSURANCE 682,365.73$ 778,840.97$ 114.14%(96,475.24)$ 346.00$ CITY MANAGER 523,229.45$ 311,508.79$ 211,720.6654.54% $ 34,823.65$ Total LEGAL 366,115.31$ 306,134.92$ 83.62%59,980.39$ 35,308.86$ ADMINISTRATIVE SERVICES 1,242,115.17$ 804,514.29$ 64.77%437,600.88$ 140,734.21$ INFORMATION TECHNOLOGY 584,994.68$ 434,153.20$ 74.21%150,841.48$ 78,551.08$ CITY CLERK 464,169.43$ 401,221.98$ 86.44%62,947.45$ 45,254.73$ PHYSICAL PLANT 875,044.04$ 680,716.96$ 77.79%194,327.08$ 63,471.95$ ASSESSING/TAX/FINANCE 723,874.07$ 1,572,112.64$ 217.18%(848,238.57)$ 303,809.83$ PLANNING/DESIGN REVIEW 918,730.97$ 572,252.37$ 62.29%346,478.60$ 62,318.27$ TO CAPITAL/RESERVE FUNDS 933,200.00$ 933,200.00$ 100.00%-$ -$ Total GENERAL GOVERNMENT EXP.8,273,645.37$ 7,351,451.10$ 88.85%922,194.27$ 817,127.62$ PUBLIC SAFETY FIRE DEPARTMENT 5,994,396.69$ 4,324,594.27$ 72.14%1,669,802.42$ 433,732.48$ AMBULANCE -$ 913.58$ 100.00%(913.58)$ 913.58$ POLICE DEPARTMENT 7,255,230.46$ 5,268,685.14$ 72.62%1,986,545.32$ 448,554.78$ OPERATING TRANSFERS OUT -$ (2,029.33)$ 100.00%2,029.33$ -$ Total PUBLIC SAFETY 13,249,627.15$ 9,592,163.66$ 72.40%3,657,463.49$ 883,200.84$ STREETS & HIGHWAYS HIGHWAY DEPARTMENT 4,575,586.04$ 4,035,185.91$ 88.19%540,400.13$ 493,106.26$ Total STREETS & HIGHWAYS 4,575,586.04$ 4,035,185.91$ 88.19%540,400.13$ 493,106.26$ % Budget Unencumbered FY-23/24 MTD Account Budget Expenditures Expended Balance Pd 10 Apr CULTURE AND RECREATION RECREATION ADMINISTRATION 527,613.70$ 332,617.34$ 63.04%194,996.36$ 38,696.68$ PROGRAMS 146,000.00$ 118,158.51$ 80.93%27,841.49$ 6,190.94$ RED ROCKS PARK -$ 91.50$ 100.00%(91.50)$ 91.50$ FACILITIES 175,056.25$ 31,592.42$ 18.05%143,463.83$ 910.30$ SENIOR PROGRAMS 38,500.00$ 16,049.87$ 41.69%22,450.13$ 667.45$ SPECIAL ACTIVITIES -$ 39.99$ 100.00%(39.99)$ 39.99$ PUBLIC LIBRARY 1,045,028.63$ 791,266.00$ 75.72%253,762.63$ 90,981.49$ CAPITAL/PARK MAINTENANCE 726,434.93$ 439,590.52$ 60.51%286,844.41$ 44,201.95$ Total CULTURE AND RECREATION 2,658,633.51$ 1,729,406.15$ 65.05%929,227.36$ 181,780.30$ OTHER ENTITIES OTHER OPERATING ENTITIES 937,809.97$ 929,282.02$ 99.09%8,527.95$ 5,000.00$ Total OTHER ENTITIES 937,809.97$ 929,282.02$ 99.09%8,527.95$ 5,000.00$ CURRENT PRINCIPAL BONDS 1,211,203.30$ 1,211,244.59$ 100.00%(41.29)$ 586,223.59$ CURRENT INTEREST BONDS 233,813.00$ 226,622.29$ 96.92%7,190.71$ 102,433.70$ Total GENERAL FUND 31,140,318.34$ 25,075,355.72$ 80.52%6,064,962.62$ 3,068,872.31$ City of South Burlington General Ledger Expenditure Report - ENTERPRISE FUND/W.P.C. Current Year Period 10 April % Budget Unencumbered FY-23/24 MTD Account Budget Expenditures Expended Balance Pd 10 Apr W/POLLUTION CONTROL EXPS. Salaries-Permanent 700,693.02$ 561,775.83$ 80.17%138,917.19$ 52,594.13$ Payment to Highway-wages 278,354.89$ 244,193.89$ 87.73%34,161.00$ -$ Leave Time Turn-In 7,000.00$ -$ 0.00%7,000.00$ -$ Salaries-Overtime 75,000.00$ 69,684.10$ 92.91%5,315.90$ 7,077.04$ Payment to Sick Bank Fund 6,677.02$ 6,677.02$ 100.00%-$ -$ Payroll Service 1,692.27$ 1,692.27$ 100.00%-$ -$ PAFO Certification 9,000.00$ 8,850.44$ 98.34%149.56$ 876.88$ Sick Bank Payouts 10,000.00$ -$ 0.00%10,000.00$ -$ Fringe Benefits 9,300.69$ 300.00$ 3.23%9,000.69$ -$ FICA/Medicare 60,794.02$ 49,911.83$ 82.10%10,882.19$ 4,677.39$ Payment to Highway-FICA/M 33,289.64$ 33,289.64$ 100.00%-$ -$ Vision Plan 779.69$ 579.21$ 74.29%200.48$ 58.64$ Disability Insurance 2,139.12$ 2,034.00$ 95.09%105.12$ 226.00$ Long Term Disability Insu 4,060.42$ 2,942.82$ 72.48%1,117.60$ 326.98$ Group Health Insurance 131,970.16$ 106,739.50$ 80.88%25,230.66$ 5,468.82$ Group Life Insurance 2,782.32$ 684.00$ 24.58%2,098.32$ 76.00$ Group Dental Insurance 7,409.53$ 5,500.88$ 74.24%1,908.65$ 606.75$ Pension 94,710.61$ 81,983.63$ 86.56%12,726.98$ 26,451.38$ ICMA Match 30,067.64$ 19,107.15$ 63.55%10,960.49$ 1,907.58$ Pension Note Payment 39,075.00$ 39,075.00$ 100.00%-$ -$ Office Supplies 2,100.00$ 1,986.75$ 94.61%113.25$ 778.08$ Plant Supplies 125,000.00$ 92,167.80$ 73.73%32,832.20$ 20,141.19$ Polymer 120,000.00$ 78,402.12$ 65.34%41,597.88$ -$ Sewer Line Maint/Supplies 27,000.00$ 40,895.78$ 151.47%(13,895.78)$ -$ Pumping Station Supplies 18,000.00$ 16,182.68$ 89.90%1,817.32$ -$ Laboratory Supplies 14,500.00$ 11,796.46$ 81.35%2,703.54$ 2,999.77$ Caustic Soda and Lime 175,000.00$ 137,330.44$ 78.47%37,669.56$ 23,265.00$ % Budget Unencumbered FY-23/24 MTD Account Budget Expenditures Expended Balance Pd 10 Apr Alum 280,000.00$ 277,370.55$ 99.06%2,629.45$ 25,761.38$ Water-Airport-B/B-Pump 1,800.00$ 2,054.32$ 114.13%(254.32)$ 679.61$ Generator Preventive Main 10,000.00$ 6,007.85$ 60.08%3,992.15$ 4,308.26$ Clothing Supplies 4,250.00$ 2,680.40$ 63.07%1,569.60$ -$ Truck Parts 12,500.00$ 17,334.84$ 138.68%(4,834.84)$ 7,889.81$ Gas - Diesel Fuel - Oil 13,000.00$ 17,911.52$ 137.78%(4,911.52)$ 2,186.59$ Fuel - Airport Parkway 65,000.00$ 60,941.30$ 93.76%4,058.70$ 15,691.82$ Fuel - Bartlett Bay 6,500.00$ 6,137.25$ 94.42%362.75$ 2,094.75$ Telephone and Alarms 6,500.00$ 9,144.19$ 140.68%(2,644.19)$ 886.44$ Memberships/Dues 39,607.80$ 20,357.14$ 51.40%19,250.66$ 1,285.00$ Discharge Permits 15,000.00$ 3,750.00$ 25.00%11,250.00$ -$ Workers Comp Insurance 18,729.67$ 18,603.52$ 99.33%126.15$ -$ Property Insurance 61,598.06$ 65,790.38$ 106.81%(4,192.32)$ -$ Unemployment Insurance 933.57$ -$ 0.00%933.57$ -$ Safety 5,500.00$ 17,098.45$ 310.88%(11,598.45)$ 4,128.39$ Billing Payment to CWD 73,000.00$ 35,000.00$ 47.95%38,000.00$ -$ Soil/Sludge Management 140,000.00$ 126,584.55$ 90.42%13,415.45$ 19,875.20$ Landfill Fees 1,000.00$ -$ 0.00%1,000.00$ -$ Building Improvements 7,500.00$ 991.89$ 13.23%6,508.11$ -$ Pumps Replacements 55,000.00$ 30,560.25$ 55.56%24,439.75$ -$ Pumps Replacements 43,000.00$ 16,190.75$ 37.65%26,809.25$ 750.00$ Marathon Health ctr cost 22,031.39$ 11,015.00$ 50.00%11,016.39$ -$ HVAC Maintenance 38,000.00$ 29,772.57$ 78.35%8,227.43$ 285.00$ Auditing 3,773.86$ 3,773.86$ 100.00%-$ -$ Engineering/Consulting 18,000.00$ 516.00$ 2.87%17,484.00$ -$ Landfill Engineering 17,500.00$ 33,920.08$ 193.83%(16,420.08)$ -$ Payment to SW for GIS 12,635.00$ 12,635.00$ 100.00%-$ -$ Administrative Services 145,281.42$ 138,000.00$ 94.99%7,281.42$ -$ Burlington Sewer Lines 2,000.00$ 791.20$ 39.56%1,208.80$ -$ Travel & Training 6,500.00$ 6,417.59$ 98.73%82.41$ 615.00$ Utilities-Pumping Station 105,000.00$ 83,277.69$ 79.31%21,722.31$ 9,912.73$ % Budget Unencumbered FY-23/24 MTD Account Budget Expenditures Expended Balance Pd 10 Apr Utilities--L/Fill Station 900.00$ -$ 0.00%900.00$ -$ Electric-Airport Parkway 210,000.00$ 144,113.62$ 68.63%65,886.38$ -$ Electric-Bartlett Bay 150,000.00$ 117,139.91$ 78.09%32,860.09$ 11,073.50$ Replacement-Vehicles 290,000.00$ 55,076.13$ 18.99%234,923.87$ -$ Pump Repairs -$ 21,261.00$ 100.00%(21,261.00)$ -$ PMT to SW for Hadley Loan 73,648.00$ 73,648.00$ 100.00%-$ -$ Bartlett Bay Upgrades 600,000.00$ 111,079.50$ 18.51%488,920.50$ 6,008.00$ Capital Projects - CIP 350,000.00$ 14,825.70$ 4.24%335,174.30$ -$ Loan for Hadley Sewer 112,000.00$ 111,786.54$ 99.81%213.46$ -$ Loan for Airport Parkway 970,000.00$ -$ 0.00%970,000.00$ -$ Total ENTERPRISE FUND/W.P.C.5,974,084.81$ 3,317,341.78$ 55.53%2,656,743.03$ 260,963.11$ City of South Burlington General Ledger Expenditure Report - STORM WATER UTILITIES Current Year Period 10 April % Budget Unencumbered FY-23/24 MTD Account Budget Expenditures Expended Balance Pd 10 Apr S/WATER UTILITIES EXPS Salaries-Permanent 458,034.55$ 414,417.83$ 90.48%43,616.72$ 38,664.60$ Payment to Highway-Wages 78,215.00$ 78,215.00$ 100.00%-$ -$ Salaries-Overtime 23,000.00$ 23,136.71$ 100.59%(136.71)$ 4,877.64$ Payment to Sick Bank Fund 5,900.62$ 5,900.62$ 100.00%-$ -$ Payroll Service 1,480.75$ 1,480.75$ 100.00%-$ -$ Fringe Benefits 6,387.00$ 424.00$ 6.64%5,963.00$ -$ FICA/Medicare 36,799.14$ 34,594.97$ 94.01%2,204.17$ 3,425.16$ Vision Plan 631.39$ 315.61$ 49.99%315.78$ 30.91$ Disability Income Insuran 4,574.64$ 4,352.43$ 95.14%222.21$ 483.60$ Group Health Insurance 113,897.30$ 93,970.91$ 82.50%19,926.39$ 4,414.21$ Health Insurance FICA 459.00$ -$ 0.00%459.00$ -$ Group Life Insurance 1,906.98$ 598.50$ 31.38%1,308.48$ 66.50$ Group Dental Insurance 5,718.61$ 5,166.54$ 90.35%552.07$ 574.06$ Pension 88,872.21$ 263,545.99$ 296.54%(174,673.78)$ 10,982.57$ ICMA Match 23,002.64$ 23,377.20$ 101.63%(374.56)$ 2,296.44$ Pension Note Payment 26,910.00$ 26,910.00$ 100.00%-$ -$ Office Supplies 1,500.00$ 2,869.32$ 191.29%(1,369.32)$ 14.39$ Small Equipment/Tools 3,000.00$ 6,887.08$ 229.57%(3,887.08)$ 436.70$ Uniforms/Supplies 6,500.00$ 5,131.20$ 78.94%1,368.80$ 283.75$ Gasoline 2,500.00$ 2,626.09$ 105.04%(126.09)$ 96.09$ Oil 275.00$ 445.40$ 161.96%(170.40)$ -$ Diesel Fuel 7,500.00$ 10,488.85$ 139.85%(2,988.85)$ 1,565.43$ Permit Requirement-Educat 7,000.00$ 7,287.76$ 104.11%(287.76)$ 287.76$ Telephone 2,000.00$ 1,840.97$ 92.05%159.03$ 460.45$ Membership/Dues 600.00$ 556.00$ 92.67%44.00$ -$ Discharge Permits Renewal 24,000.00$ 17,176.00$ 71.57%6,824.00$ 2,400.00$ Workers Comp Insurance 16,551.80$ 16,440.31$ 99.33%111.49$ -$ % Budget Unencumbered FY-23/24 MTD Account Budget Expenditures Expended Balance Pd 10 Apr Property Insurance 14,245.09$ 15,214.82$ 106.81%(969.73)$ -$ Unemployment Insurance 933.57$ -$ 0.00%933.57$ -$ GIS-Fees/Software 75,000.00$ 12,374.06$ 16.50%62,625.94$ -$ Sediment & Depris Disposa 200.00$ -$ 0.00%200.00$ -$ Water Quality Monitoring 15,000.00$ 14,760.94$ 98.41%239.06$ 4,054.15$ Building/Grounds Maint 200.00$ -$ 0.00%200.00$ -$ Reimb Highway Benefit 33,289.64$ 33,289.64$ 100.00%-$ -$ Marathon Health ctr cost 25,178.73$ 12,589.89$ 50.00%12,588.84$ -$ Vehicle Maintenance 15,000.00$ 20,549.39$ 137.00%(5,549.39)$ 2,841.42$ Storm System Maint Materi 100,000.00$ 13,178.10$ 13.18%86,821.90$ -$ Printing 100.00$ -$ 0.00%100.00$ -$ Legal Services 20,000.00$ 120.00$ 0.60%19,880.00$ -$ To GF-Audit and Actuary 4,287.21$ 4,287.21$ 100.00%-$ -$ Engineering-Watershed 35,000.00$ -$ 0.00%35,000.00$ -$ Billing Payment CWD 73,000.00$ 35,000.00$ 47.95%38,000.00$ -$ Office Furniture/Equipmen 1,000.00$ -$ 0.00%1,000.00$ -$ Office Equipment Maintena 2,500.00$ 39.12$ 1.56%2,460.88$ -$ Equipment Rental 250.00$ -$ 0.00%250.00$ -$ Administrative Services 66,746.24$ 66,746.24$ 100.00%-$ -$ Conference/Training Expen 8,000.00$ 4,570.35$ 57.13%3,429.65$ -$ S/W Bldg Utilities 3,500.00$ 3,511.39$ 100.33%(11.39)$ 907.08$ Stormwater Pumps Electric 300.00$ 220.57$ 73.52%79.43$ 24.37$ Flow Restoration Plan Ana 5,000.00$ -$ 0.00%5,000.00$ -$ Vehicles/Equipment 745,000.00$ 267,289.27$ 35.88%477,710.73$ 5,291.44$ Stormwater Capital Projec 2,005,000.00$ 421,997.66$ 21.05%1,583,002.34$ 6,002.48$ Office Furniture/Equipmen -$ 618.94$ 100.00%(618.94)$ 439.00$ Total STORM WATER UTILITIES 4,195,947.11$ 1,974,513.63$ 47.06%2,221,433.48$ 90,920.20$ City of South Burlington General Ledger Revenue Report - GENERAL FUND Current Year Period 10 April Estimated Received % Budget Uncollected FY-23/24 MTD Account Revenue To Date Received Balance Pd 10 Apr TAX REVENUE TAX REVENUE 19,604,298.92$ (19,427,210.31)$ 99.10%177,088.61$ (31,938.24)$ LOCAL OPTION TAXES 4,850,000.00$ (3,177,962.22)$ 65.52%1,672,037.78$ -$ Total TAX REVENUE 24,454,298.92$ (22,605,172.53)$ 92.44%1,849,126.39$ (31,938.24)$ INTEREST/PENALTY ON TAX 423,500.00$ (248,066.32)$ 58.58%175,433.68$ (3,605.05)$ Other Health Services 267,346.40$ (77,269.82)$ 28.90%190,076.58$ (23,920.65)$ CITY MANAGER 1,842,326.56$ (1,473,555.13)$ 79.98%368,771.43$ (30,153.00)$ CITY CLERK 351,000.00$ (204,455.94)$ 58.25%146,544.06$ (31,031.84)$ PLANNING 561,100.00$ (367,650.60)$ 65.52%193,449.40$ (41,290.94)$ FIRE DEPARTMENT 799,000.00$ (798,418.08)$ 99.93%581.92$ (47,920.92)$ AMBULANCE 990,000.00$ (880,676.48)$ 88.96%109,323.52$ 181.69$ POLICE DEPARTMENT 277,150.00$ (70,221.16)$ 25.34%206,928.84$ (9,015.87)$ HIGHWAY DEPARTMENT 1,014,896.45$ (1,779,128.22)$ 75.30%(764,231.77)$ (36,441.94)$ Senior Programs 26,650.00$ (29,519.00)$ 10.77%(2,869.00)$ (6,099.00)$ SPECIAL ACTIVITIES 125,000.00$ (147,381.05)$ 17.90%(22,381.05)$ (18,468.00)$ PUBLIC LIBRARY 8,050.00$ (17,012.66)$ 11.34%(8,962.66)$ (1,694.24)$ Total GENERAL FUND 31,140,318.33$ (28,698,526.99)$ 92.16%2,441,791.34$ (281,398.00)$ City of South Burlington General Ledger Revenue Report - ENTERPRISE FUND/W.P.C. Current Year Period 10 April Estimated Received % Budget Uncollected FY-23/24 MTD Account Revenue To Date Received Balance Pd 10 Apr CHARGES FOR SERVICES W.P.C. User Fees 4,113,150.00$ (3,166,065.47)$ 76.97%947,084.53$ -$ Sewer Septage Revenue 23,000.00$ (22,310.00)$ 97.00%690.00$ -$ Connection Fees 582,800.00$ (705,868.20)$ 121.12%(123,068.20)$ (7,584.38)$ Enviromental Impact -$ (12,325.00)$ 100.00%(12,325.00)$ (8,295.00)$ Total CHARGES FOR SERVICES 4,718,950.00$ (3,906,568.67)$ 82.78%812,381.33$ (15,879.38)$ BOND AND LOAN PROCEEDS Colchester A/P Pkwy Pm 742,310.00$ (742,310.00)$ 100.00%-$ (742,310.00)$ Total BOND AND LOAN PROCEEDS 742,310.00$ (742,310.00)$ 100.00%-$ (742,310.00)$ MISCELLANEOUS Miscellaneous Rev.-W.P 10,000.00$ (28,174.03)$ 281.74%(18,174.03)$ -$ Reserve Fund Transfer 502,824.79$ -$ 0.00%502,824.79$ -$ Total MISCELLANEOUS 512,824.79$ (28,174.03)$ 5.49%484,650.76$ -$ Total ENTERPRISE FUND/W.P.C.5,974,084.79$ (4,677,052.70)$ 78.29%1,297,032.09$ (758,189.38)$ City of South Burlington General Ledger Revenue Report - STORM WATER UTILITIES Current Year Period 10 April Estimated Received % Budget Uncollected FY-23/24 MTD Account Revenue To Date Received Balance Pd 10 Apr S/WATER UTILITIES REVENUE Intergovernmental Revenue 1,189,000.00$ (255,830.70)$ 21.52%933,169.30$ -$ S/W User Fees - Water Bil 2,779,678.00$ (1,844,057.20)$ 66.34%935,620.80$ -$ GIS Reimb From Other Fund 50,543.00$ (37,905.00)$ 75.00%12,638.00$ -$ Pmts from other towns 40,000.00$ (4,320.98)$ 10.80%35,679.02$ -$ Land Owner Payments -$ (59,019.80)$ 100.00%(59,019.80)$ -$ Stormwater Miscellaneous 30,000.00$ (4,639.17)$ 15.46%25,360.83$ -$ Hadley Sewer Proj-Sewer f 73,000.00$ (73,648.00)$ 100.89%(648.00)$ -$ Reserve Transfer In 33,726.10$ -$ 0.00%33,726.10$ -$ Total STORM WATER UTILITIES 4,195,947.10$ (2,279,420.85)$ 54.32%1,916,526.25$ -$ Champlain Water District Statement of Revenues and Expenditures - Unposted Transactions Included In Report 70 - South Burlington Water Department 90 - South Burlington Water From 4/1/2024 Through 4/30/2024 CURRENT MONTH Year To Date Actual Original Total Budget $ - Original Remaining - Budget Percent Total Revenue Water Sales 4000 208,399.31 2,328,035.77 2,859,211.00 (18.58)% Interest Earned 4010 2,648.35 22,809.69 6,000.00 280.16% Private Hydrants / Sprinkler Systems 4035 0.00 45,107.42 44,500.00 1.36% Service Work 4036 1,665.00 33,112.19 14,000.00 136.52% Backflow Device Testing / Recording Fees 4037 157.50 555.00 1,200.00 (53.75)% Connection Fees - Operating 4040 3,750.00 60,000.00 108,000.00 (44.44)% Connection Fees - Capital 4041 2,500.00 40,000.00 30,000.00 33.33% Bond Payments - Connection/Allocation Fees 4042 11,100.00 393,084.10 30,000.00 1,210.28% Penalties 4050 3,125.72 23,088.78 20,000.00 15.44% Meter Sales 4053 2,266.88 11,680.03 16,000.00 (27.00)% Miscellaneous Revenue 4060 0.00 2,768.71 1,882.00 47.12% Grant Income 4075 0.00 0.00 174,000.00 (100.00)% South Burlington Sewer Department 4095 0.00 35,000.00 70,000.00 (50.00)% South Burlington Stormwater Department 4098 0.00 35,000.00 70,000.00 (50.00)% Water Bond Payment Revenue / Xfer from Capital 4200 0.00 140,861.49 281,722.99 (50.00)% Total Revenue 235,612.76 3,171,103.18 3,726,515.99 (14.90)% Total Revenue 235,612.76 3,171,103.18 3,726,515.99 (14.90)% Expenditures Supplies and Tools 5011 317.62 5,470.24 9,000.00 39.22% Postage 5012 78.20 14,605.68 16,000.00 8.71% Phones, Internet, Data, and Pagers 5013 0.00 0.00 500.00 100.00% Miscellaneous Expense 5017 0.00 319.06 2,000.00 84.05% General Insurance 5030 0.00 0.00 5,175.00 100.00% Consulting Services 5051 0.00 0.00 49,003.28 100.00% Management Fees 5052 11,977.00 119,770.00 143,725.00 16.67% Contractors 5054 0.00 27,950.71 130,772.00 78.63% Building Lease 5055 1,747.88 17,478.80 20,975.00 16.67% Legal 5060 0.00 0.00 1,500.00 100.00% Audit 5061 0.00 0.00 4,772.71 100.00% Public Outreach 5065 0.00 0.00 3,500.00 100.00% Principal on Long Term Debt 5070 0.00 0.00 94,980.00 100.00% Interest on Long Term Debt 5071 0.00 0.00 1,989.00 100.00% Water Purchase - CWD 5080 140,785.87 1,613,095.66 1,793,000.00 10.03% Water Supply Fees 5090 2,577.55 29,533.06 33,175.00 10.98% Capital Contribution - General 5100 0.00 260,015.50 520,031.00 50.00% Capital Transfer - Connection Fees 5105 13,600.00 433,084.10 60,000.00 (621.81)% Non-Bargaining Unit Salaries 5170 18,120.00 181,200.00 217,440.00 16.67% Bargaining Unit Salaries 5171 26,937.77 249,264.38 350,845.00 28.95% Date: 5/6/24 12:06:16 PM Page: 1 Champlain Water District Statement of Revenues and Expenditures - Unposted Transactions Included In Report 70 - South Burlington Water Department 90 - South Burlington Water From 4/1/2024 Through 4/30/2024 CURRENT MONTH Year To Date Actual Original Total Budget $ - Original Remaining - Budget Percent Total Overtime, Shift & Holiday 5172 2,611.51 9,442.73 13,000.00 27.36% Computer Network 5210 0.00 7,004.98 7,000.00 (0.07)% Software Maintenance 5220 0.00 0.00 12,685.00 100.00% Vehicle & Light Duty Equipment Maintenance 6400 2,345.68 23,456.80 28,148.00 16.67% Emergency On-Call Coverage 6700 250.00 2,500.00 2,800.00 10.71% Distribution Materials 6800 747.17 70,139.83 120,500.00 41.79% Distribution System Improvements 8502 0.00 0.00 84,000.00 100.00% Total Expenditures 222,096.25 3,064,331.53 3,726,515.99 17.77% Net Revenue Over Expenditures 13,516.51 106,771.65 0.00 0.00% Date: 5/6/24 12:06:16 PM Page: 2 Champlain Water District Balance Sheet - Unposted Transactions Included In Report 70 - South Burlington Water Department As of 4/30/2024 Current Year Assets Current Assets Cash & Cash Equivalents South Burlington Water Checking Account 1015 600,744.92 South Burlington Water Capital Reserve Account 1016 940,509.06 Total Cash & Cash Equivalents 1,541,253.98 Accounts Receivable AR import Balance 1101 Miscellaneous 250 2,376.50 Utility Billing 260 615,264.96 Unbilled Water 270 464,012.57 Total Accounts Receivable 1,081,654.03 Inventories Inventory 1200 53,572.54 Total Inventories 53,572.54 Total Current Assets 2,676,480.55 Long-term Assets Property & Equipment 3,588,742.36 Total Property & Equipment 3,588,742.36 Total Long-term Assets 3,588,742.36 Total Assets 6,265,222.91 Liabilities Short-term Liabilities Accounts Payable Accounts Payable 2000 818,859.44 Total Accounts Payable 818,859.44 Other Short-term Liabilities SB Stormwater Fees 2008 150,942.69 Total Other Short-term Liabilities 150,942.69 Total Short-term Liabilities 969,802.13 Long-term Liabilities Long-term Liabilities Bond Payable - SB Water Improvements 2701 285,315.27 Total Long-term Liabilities 285,315.27 Total Long-term Liabilities 285,315.27 Total Liabilities 1,255,117.40 Net Assets Beginning Net Assets Net Assets 4,617,084.24 Current YTD Net Income N/A 000 (1,935,014.50) Date: 5/6/24 12:07:46 PM Page: 1 Champlain Water District Balance Sheet - Unposted Transactions Included In Report 70 - South Burlington Water Department As of 4/30/2024 Current Year Retail Water 030 2,294,131.92 Bulk Water 040 33,903.85 Total Current YTD Net Income 393,021.27 Total Net Assets 5,010,105.51 Total Liabilities and Net Assets 6,265,222.91 Date: 5/6/24 12:07:46 PM Page: 2 MEMORANDUM TO: Jessie Baker, City Manager South Burlington City Council FROM: Paul Conner, Director of Planning & Zoning Jared Pellerin, Deputy City Attorney SUBJECT: Correction to Warning of Draft Sign Ordinance Amendment Second Public Hearing DATE: May 20, 2024, City Council meeting There was a minor error in the warning for the Council’s second public hearing on the draft Sign Ordinance as read and approved at your last meeting. The date of the second public hearing was proposed and approved as “June 7, 2024 at 7 pm.” That is not a regular Council meeting date. Staff recommends that the Council revise its motion through the consent agenda as follows: “I move to consider further amendments to the City’s Sign Ordinance, as presented in the staff memo accompanying the May 6, 2024 hearing and cause all said amendments to be publicly warned and set for public hearing on June 3, 2024 at 7pm.” 1 To: South Burlington City Council From: Brian Lowe, Assembly Theory LLC Date: May 14, 2024 Subject: Data Strategy Roadmap: Overview, Goals, and Questions for Council This memo provides an overview of the Data Strategy Roadmap project and potential discussion topics with the South Burlington City Council for their feedback on May 20. What is a Data Strategy? A data strategy is a long-term plan for identifying, collecting, using, sharing, and managing data in a way that reFlects the goals of an organization. This often means leveraging data to assess operational or policy decisions or systems and focusing the organization on progressively more impactful decisions. Implementing a data strategy can be a cultural change or a codiFication of work already underway. The discussion with the Council will focus on the policy domain. Data strategies should be practical documents able to evolve with a City team. While there are important foundational components – i.e., identiFied, accessible data, relevant goals, clear roles, established metrics for evaluating progress – goals will (and should) change over time, new data will be introduced, and partners will change. Importantly, the data at the center of the strategy is often collected in phases and depends on the goals. A process generally follows two paths: First, identifying data necessary to evaluate and advance goals. Second, following up on questions raised by that data. Foundation for a Data Strategy: • Compelling vision & goals • Operating principles & structure • Clear Roles • Phased Data • Established Metrics (tracking goals) Data Strategy Components: • Identify relevant data • Collect relevant data • Analyze & use relevant data • Share data and Findings • Manage data in accessible way Context from the South Burlington Team The South Burlington team has outlined a vision for a data strategy that (i) advances overall City goals, (ii) enhances communication with the community and Council, (iii) understands the story of City growth and its impacts, (iv) identiFies areas where the team can focus its attention for greatest impact (i.e., costs, equity, energy savings), and (v) tracks outcomes. Schedule & Related Element Following input from the Council and City leadership, the goal is to provide an initial draft of the Data Strategy Roadmap to City leadership in early June. A related goal is to help Fill the open Data/GIS Analyst position within the City, which means supporting that hiring process as well as building a Roadmap that could be a useful tool to the person stepping into that role. 2 Possible Discussion Topics with the City Council This memo proposes a focused discussion with the Council on what metrics would help Councilors evaluate policy decisions most effectively over time Policy Decisions: There are several major policy discussions underway at the Council level, like those related to housing, climate change, and affordability. What kind of data would help you evaluate policy decisions in those areas most effectively, in terms of what to prioritize or the impact decisions could potentially have? A lot of important work along these lines has also been done in the 2024 Municipal Plan. To make this less abstract, take as an example discussions around climate change. Are there measures that would help you evaluate one possible intervention or policy change in general or relative to another? For example, it could be helpful to assess an impact like potential for reduced GHG emissions alongside the cost and time required for an intervention (especially if there are limits to the number of interventions you can effectively make). For reference, Appendix A consolidates current Council data requests related to housing, climate change, and affordability. Appendix A also highlights a couple related metrics established in the 2024 Municipal Plan. Ultimately, developing a data strategy should help orient policy decisions and day-to-day City operations toward the high-level results that you want to see in South Burlington. Those high-level results could include things like improved service provision, efFiciencies (cost or time-savings), clearer priorities within existing resources, or risk mitigation. Thank you. 3 Appendix A Potential Phase 1 Metrics - Policy Level Topic Potential Metric Frequency Notes Demographics Population by Age Group Last 5 decades Last decade by annual Population Growth Annual, over time Housing Renter vice Owner Occupied Annual, over time New Housing Permits Issued Annual, over time # "new" affordable homes Annual, over time 1000 by 2035 goal # "new" homes at 80% AMI Annual, over time 750 by 2035 goal Vacancy rate Annual, over time 5% goal Housing growth rate Annual, over time 1.5% - 2% goal Employment Top 15 Employers Annual, over time New / Closing business Annual, over time Sqft business space Annual, over time Workforce Participation Annual, over time Unemployment Annual, over time Wage by Industry Annual, over time City Taxes Grand List growth Annual, over time Tax Revenue by source Annual, over time Commercial vice Res. Grand List value Annual, over time City Revenue by source Annual, over time Tax burden by median residential Annual, over time per $1000 or other? Tax burden by commercial metric Annual, over time per $1000 or other? Climate Homes weatherized Annual, over time Goal: 600/year thru 2030 Homes electrified Annual, over time Goal: 360/year thru 2030 Vehicle miles traveled Annual, over time Goal: Annual 2.5% reduction Commercial sqft electrified Annual, over time Goal: 8% per year thru 2030 Renewable energy generation Annual, over time Goal: 31 - 56k MWh by 2030 South Burlington Data Strategy Roadmap Introduction South Burlington Data StrategyU.S. Department of the Treasury & U.S. Navy Reserve Geospatial Intelligence Energy Finance Sanctions & Macroeconomic Policy Consultant Operations – Data – Innovation AI Integration Project Management Facilitation Relevant Work City of Burlington Chief Innovation Officer & Chief of Staff City Operations, Finance Innovation, IT Department “BTVStat” – Data Strategy + CI COVID response (fusion team) Compelling Goals What are you trying to achieve and why? Clear Principles and Roles How you want the process to work & who is responsible for what Established Metrics Clarity on the data needed & outcomes tracked What is a Data Strategy? Long-term plan for using data to advance the goals of an organization Identify Identify the data you need to advance your goal – what you have, where it is, what is missing. 01. Collect Start to aggregate the data you have in a logical way. Start thinking about what applications you might want to use in the future as you begin to collect data. 02. Analyze & Use With some data and a few clear goals, what can you learn (what story can you tell)? 03. Share How do you transmit what you have learned within the organization and/or out to the public? 04. Store & Manage As an organization – where are you storing data, who has access, and how is it managed? 05. So What? All of this depends on clear organizational goals…that can change… 06. Building a Data Strategy… Phased Data Collection •Not all data can be collected all the time •Goal Dependent •Data collection follows two paths – •Data to evaluate goals •Additional questions generated by the data •Burlington Fire example South Burlington Goals TO HELP ANSWER QUESTIONS THAT CITY COUNCIL ASKS ABOUT POLICY PRIORITIES OR FUTURE GOALS TO ANSWER QUESTIONS YOU WANT ANSWERS TO ABOUT OPERATIONS OR POLICY CHOICES TO HELP TELL A STORY OF COMMUNITY CHANGE (AND HOW THAT WILL IMPACT FUTURE OPERATIONS) TO FOCUS IN WAYS THAT GENERATE THE HIGHEST POTENTIAL IMPACT Finding AnalystInput for DSR Getting Going!Drafting the DSR Addressing internal needs and hiring excellent candidate Clarity on Goals and corresponding Phase 1 Data requirements Implementing the strategy Capturing and refining all the inputs into a clear guiding document Schedule & Other Elements Data Strategy Roadmap Timeline Design Development Data / GIS Discussion April May June July Kickoff & Evaluation City & Council Inputs First Draft Revise/Submit Re-Advertise Position Hiring Process Understand Need & Revise JD Council Discussion Outcome and Policy Measures Most Useful to Councilors What kind of data would help you evaluate policy decisions most effectively? Policy Measures THANK YOU Brian Lowe Assembly Theory, LLC brian@assemblytheoryvt.com 1 MEMORANDUM TO: Jessie Baker, City Manager South Burlington City Council FROM: Paul Conner, Director of Planning & Zoning Tom DiPietro, Director of Public Works SUBJECT: Water Service Area, Sewer Service Area, & Act 47 Zoning Alignment DATE: May 20, 2024, City Council meeting Last month, staff provided the Council with an overview of the proposed amendments to the Water Ordinance including a draft “Water Service Area” intended to both update the Ordinance generally and begin work to implement Vermont Act 47 (the “HOME Act”). This memo, and discussion with Council, provides an overview of how several City tools are proposed to be aligned to advance the City’s policy objectives and comply with the HOME Act. Staff has prepared a Home Act Interact Map Viewer for the Council and community to use to see how three City regulations –the Land Development Regulations (LDRs), the Water Ordinance, and the Ordinance Regulating Stormwater and Sanitary Sewer (Sewer Ordinance)– are proposed to align and implement the 2024 City Plan. The App is open to the public and users are welcome to zoom in, zoom out, navigate around the City, and turn the various data layers on and off to see how (and why) the boundaries are (proposed to be) established and interface with one another. Council is invited to spend some time with the App in advance of the meeting; staff will also walk the Council through the findings and proposals at the meeting. Following the presentation, the Council is invited to discuss, pose questions, and provide direction to staff. Procedurally, the three subject regulations are each on slightly separate tracks and have separate responsible parties. Our objective is to maintain policy alignment: • The Water Ordinance, which is the Council’s responsibility, is on the Council’s 5/20 agenda for review and possible action to warn a public hearing for next month • The Sewer Ordinance, also under the purview of Council, is planned for a first reading by Council next month. 2 • LDR amendments are the responsibility of the Planning Commission until advanced to Council; amendments are under development by the Commission and are anticipated to come to Council, following the Commission’s public hearing and action, in July. The HOME Act in Brief The Legislature, in the 2023 Session, passed the HOME Act, aka S.100 or Act 47. Most of the Act took effect in June 2023. The HOME Act aimed to increase the housing supply and reduce barriers to entry to different forms of housing statewide through changes to the enabling laws governing municipal zoning. Key provisions of the Act include: • Residential zoning in all areas served by municipal water and sewer must allow at least five (5) dwelling units per acre. • Duplex homes have the same or less restrictive dimensional standards than single family homes on the same lot. • In all areas served by municipal water and sewer, multi-unit buildings of up to 4 dwelling units must be allowed in the same zoning districts as single family homes. • Limitations on review and appeal criteria for multi-family housing where they are allowed; required allowances for emergency shelters; enabling administrative review of subdivision applications; and limitation on parking for residential uses. In South Burlington, the HOME Act resulted in several lower-scale zoning districts that allowed between one and 4 dwelling units per acre having their “base” density increase, and in duplexes, which were allowed in (most of) the same districts but at different densities than single family homes, being treated the same. The 2024 BE Home Act, recently passed by the House and Senate and awaiting action by the Governor, takes some of this a step further; staff is tracking these for the Planning Commission. South Burlington Policy Guidance & Alignment The City has three regulations that are directly affected/connected to this issue, as noted above: the Land Development Regulations, the Water Ordinance, and the Sewer Ordinance Overlaying all of these is the 2024 City Plan, which the Council adopted in January of this year. The Plan provides policy direction on both the planned uses of land within the City (residential, commercial, mixed, and conservation) and the planned scale of the built environment in these areas. In broad terms, existing and planned neighborhood, mixed-use, and business areas are intended to be thoughtful, compact, pedestrian-focused built environments with a supportive transportation system and access to park space, while conservation areas are intended to be support thriving ecosystems, agriculture and forestry uses, natural resource conservation, and allowances for very low scale housing. In recent years, the Planning Commission and City Council undertook a significant effort overhauling the LDRs and updating the City’s Environmental 3 Protection Standards (Article 12) to make clear where future development and redevelopment is allowed and prohibited. Staff’s strong recommendation, from when the HOME Act was first under consideration by Legislature in early 2023 to today, has been for the City to take this opportunity to implement the Act in a way that both aligns our various regulations and implements the vision of the City Plan. Doing so is both the most defensible way to make sure that we’re complying with the Act and implementing our adopted policies. Service Areas in the Water and Sewer Ordinances The South Burlington Water and Sewer Ordinances do not presently include “Service Areas” in the way the Home Act alludes to. The historic focus of both ordinances has largely been on public health and safety1. Under the present ordinances, new development is required to connect to the City’s systems to benefit overall public health when the parcel or building is within 200’ of existing infrastructure, and there is no prohibition of expansions to either municipal system commensurate with new development. The Home Act draws a bright line between areas served and not served by municipal water and sewer, as noted above. In order to both comply with the Act and implement the City Plan, therefore, staff is recommending the Council adopt Service Areas within the Water Ordinance that define the legal outer boundaries of where development is allowed to connect to the municipal system. Outside of that area, as proposed, NO new connections would be permitted except as specifically authorized in the Ordinance or through an amendment to the Ordinance itself. Mapping the draft Water Service Area and Sewer Service Area With the above as background, staff prepared the first drafts of the Water Service Area and Sewer Service Area for Council’s consideration. Staff prepared these drafts by applying the following steps, in order: • Step 1: Begin with City-wide Map. Much of South Burlington is already served by municipal Water and Sewer, so beginning with the full geography and then removing areas not to be served was a logical approach. • Step 2: Remove land within the current Natural Resources Protection (NRP) Zoning District. This zoning district is principally geared towards conservation and working lands, with very limited allowances for housing. By removing the NRP from the Water & Sewer service areas, the handful of homes allowed under the zoning may still be built but would need to be on private wells/septic systems. 1 Note: The Water and Sewer Ordinances include a “City Center” reserve area. This is a specific set-aside of capacity within the system, which is required for the City’s New Town Center (and TIF) designation. These are both proposed to be updated and aligned in these 2024 updates as well but are not the focus of this Act 47 / HOME Act presentation. 4 • Step 3: Remove State/Federally mapped River Corridors and 100-year floodplains and South Burlington Habitat Blocks and Connectors2, which do not allow for new residential development. • Step 4: Remove undeveloped land above 430’ in elevation from the Water Service Area3 • Step 5: Make minor map adjustments resulting from gaps and oddities in the mapping for clear policy. Connected Zoning Map Changes: To ensure consistency between the Water and Sewer Service Areas and the Land Development Regulations, to implement the 2024 City Plan, and to comply with the requirements of the Home Act, some changes to zoning district boundaries are needed. Specifically: o Habitat Block Boundaries. The City’s Habitat Block Overlay Zoning District identifies 26 areas with contiguous forested & transitional forest blocks. Commercial and residential development is generally prohibited within this District. The LDRs, however, allow a developer of a property with over 70% coverage by Habitat Blocks, habitat connectors, and/or regulated hazards to designate a development area in a Habitat Block or Connector up to 30% of the parcel. That 30% designation is essentially a “floating zone” that is currently identified through the development review process. Staff has reviewed this standard considers that the “floating” nature of this 30% may not be consistent with the requirements of the HOME Act. The Planning Commission reviewed this subject earlier this winter and identified ~15 affected properties. After consideration, their proposal is to to replace this “floating zone” with a specially-identified portion of each property that would designated as a development area and be removed from the Habitat Block Overlay District. The net result would be no change in development/conservation potential on these properties, only clarity of location. o Conservation PUDs. In 2022, the City Council adopted several new types of Planned Unit Developments (PUDs). The Conservation PUD was designed to integrate housing and conservation in developments on parcels over 4 acres. It was made optional in several zoning districts throughout the city and mandatory within the Southeast Quadrant’s neighborhood districts (SEQ-Neighborhood Residential and SEQ-Neighborhood Residential Transition). It requires at least 70% of the land area of the parcel be permanently conserved and enables transfer of development density from the conservation area to the development area. With the passage of the HOME Act, this tool no longer functions in the same way. In a Conservation PUD as written, the maximum allowable density in the development area was 6 homes per acre – very close to the five now granted automatically under the HOME Act. 2 See discussion below about adjustments to the Habitat Block Overlay District boundaries. 3 See separate discussion of the Water Ordinance and associated standards of service 5 Effectively, allowing transfer of density would create areas with much higher density than the City’s stated goals for density and scale in these areas. The Planning Commission considered a few different ways of addressing this. Retaining the Conservation PUD essentially as is with a higher density cap was dismissed as inconsistent with the newly-adopted City Plan, counter to their objective of having the regulations be more predictable and transparent, and inconsistent with simplified calculation of density based on building types and lot sizes. The Commission asked staff to look more precisely at the specific affected parcels. Staff found 15-20 parcels affected by the Conservation PUD and identified whether the boundary of the Natural Resource Protection (NRP) district should be modified to incorporate contiguous open/forested lands or not. o Recreation & Parks Districts. The Commission has identified several parcels in the City where the City has either purchased or received an irrevocable offer of dedication of land for park space. The Planning Commission is proposing to change the designation of these parcels from their current zoning to Recreation and Parks District. Staff analyzed the effect of these changes. In total, including adjusting zoning to match land that has been acquired by, given done, or conserved within the City, the net land zoned / required for conservation increases by 56 acres (0.5% of the 10,600 acres total in the City). Excluding these areas that have been acquired by, given done, or conserved within the City, the net land zoned / required for conservation decreases by 34 acres (0.3% of the 10,600 acres total in the City). Staff recommendation Staff recommends that the Council do the following: 1. Receive the presentation and pose questions as appropriate 2. Welcome public feedback, keeping in mind that the community will have a formal opportunity to weigh in during public hearings on each of the affected Regulations 3. Provide staff guidance on the boundaries of the Water and Sewer Service Areas. 4. Provide staff and the Planning Commission feedback on the approach for related draft zoning district boundary changes. MEMORANDUM To: South Burlington City Council From: Dave Wheeler, Water Resources Engineer CC: Jessie Baker, City Manager Tom DiPietro, Director of Public Works Paul Conner, Director of Planning & Zoning Date: May 14, 2024 Re: Update to the South Burlington Water Ordinance The South Burlington Department of Public Works, Department of Planning and Zoning, and Legal Department have prepared an update to the City’s Water Ordinance. The City’s water ordinance deϐines how our drinking water utility is managed and used. The current Water Ordinance was last updated in 2002. Revisions proposed in the attached draft include:  Updates to improve clarity and modernize the deϐinitions, language, and formatting used throughout the document.  Updates to technical standards for remote radio meter reading, prohibition of booster pumps, and various other speciϐications for infrastructure construction and maintenance.  Deϐining the City’s water service area, as part of the City’s implementation of the recently passed Act 47. The mapped service area is intended to be aligned with the City Plan and Land Development Regulations and to represent the geographic extent to which future connections are allowed in the City and reϐlect the physical limitations of the system.  Updates to language pertaining to water allocation fees and the water fee structure, including the addition of a base rate to the fee schedule. Proposed revisions will provide City Council with the ability to establish a base rate in the fee schedule at a future date. No base rate is established by approval of proposed changes.  Updates to the City Center Service Area, including providing a map that aligns with the city’s New Town Center designation and re-establishing a reserve of 250,000 gallons per day from the system for the exclusive use in this part of the city. The process for updating a City ordinance is deϐined in the City Charter. The ϐirst step in the process is a ϐirst reading of the ordinance. Tonight’s meeting 5/20 will serve this purpose. 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4112 | WWW.SOUTHBURLINGTONVT.GOV Subsequent to the ϐirst reading and after vote by Council, the City must hold a second reading / public hearing on the ordinance. This will be scheduled at a future council meeting. During this time the draft ordinance will be posted for viewing and notice published. Staff recommends that Council review the draft, provide any feedback and direction to staff, and if applicable make a motion to hold a second reading and public hearing on the ordinance. Proposed Motion: Option #1 - If the Council wishes to move the proposed amendments to a second reading and public hearing: “Move to pass the proposed amendments to the South Burlington Water System Ordinance at ϐirst reading and warn said amendments for second reading and public hearing on July 15, 2024 at 7:00 pm.” Option #2 – If the Council wishes to engage in further discussion and consideration of the proposed amendments prior to setting a public hearing: No motion / action required. Chapter 38 UTILITIES* **** Article III. Water System Division 1. Generally Sec. 38-48. Definitions. Sec. 38-49. Abbreviations. Sec. 38-50. Water department rates and fees. Sec. 38-51. Hydrant use permit application. Secs. 38-52—38-701. Reserved. Division 2. Extension, Modification and Maintenance of City and CWD Water Mains Sec. 38-72. Required Connections; Prohibited Extensions; Modifications Sec. 38-72. Constructing, connecting water main requires prior approvalPermits to construct. Sec. 38-73. Water main standards and requirementsconstruction. Sec. 38-74. Testing and disinfection of pipeline. Sec. 38-75. Excavation work requires prior approvalWork initiation. Sec. 38-76. Modifications or connections to water main requires prior approvalWork modifications. Sec. 38-77. Maintenance of wWater main smaintenance. Sec. 38-78. Maintenance of hHydrant maintenances. *Charter references—Power to acquire real and personal property for utilities, § 13-103; water department, § 13-2001; board of water commissioners, § 13-2004. State law references—Water regulations, 10 V.S.A. § 1671 et seq.; water and wastewater system permits, 10 V.S.A. § 1971 et seq.; authority to regulate the location, etc., of utility poles, wires, etc., 24 V.S.A. § 229(6); authority to regulate sewage capacity to users, etc., 24 V.S.A. § 2291(22); water systems, 24 V.S.A. § 3301 et seq.; water mains and sewers, 24 V.S.A. § 3401 et seq.; sewage systems, 24 V.S.A. § 3501 et seq.; uniform water and sewer disconnect procedure, 24 V.S.A. § 5143 et seq. CD38:2 SOUTH BURLINGTON CITY CODE Sec. 38-79. Connecting to Champlain Water District transmission pipelines. Sec. 38-80. Private water mains and hydrants. Secs. 38-81—38-103. Reserved. Division 3. Building Water Service Connections Sec. 38-104. Permit requiredApplication for service. Sec. 38-105. ApplicationsCWD Connections. Sec. 38-106. Service connection requirementss. Sec. 38-107. Service connection installationWater meters. Sec. 38-108. Testing; defectsInternal piping. Sec. 38-109. Water service maintenance and repairOwnership responsibilities. Sec. 38-110. Loss or damage to meter or equipmentLoss or damage of equipment. Sec. 38-111. Private water systemsPrivate individual systems. Sec. 38-112. On-site wellsProperties required to connect. Sec. 38-113. Water supply must be protected prior to service connectionCross connection control and backflow prevention. Sec. 38-114. Seasonal water service. Sec. 38-115. Meter test ingfee. Sec. 38-116. Excavations for building water service connections. Sec. 38- 1167. Water allocation. Secs. 38-1178—38-147. Reserved. Division 4. Use of Public Water Supply System Sec. 38-148. Primary use. Sec. 38-149. Auxiliary use of fire hydrants. Sec. 38-150. Hydrant use; permits. Sec. 38-151. Water supplyDepartment rights in an emergency. Sec. 38-152. Liability. City not responsible for injury, loss, or damage. Sec. 38-153. Water quality emergency; notification. Sec. 38-154. Exemption from sewer charges as it relates to pool filling and lawn watering. Sec. 38-155. Private Maintenance of private hydrants and fire servicessprinkler systems. Secs. 38-156—38-178. Reserved. Division 5. Protection from Damage Sec. 38-179. Tampering with public water system prohibitedIntentional damage. Sec. 38-180. Repair or replacement costs. Sec. 38-181. Obstruction of water distribution system CD38:3 prohibitedInterference. Sec. 38-182. Contamination of public water supply unlawful. Sec. 38-183. Permit required forUnauthorized fire hydrant use. Sec. 38-184. Wasteful consumption prohibited. Sec. Sec. Sec. 38-185. 38-186 38-187 ViolationWater conservation. Waterline mark out. Protection from freezing. Secs. 38-186188—38-208. Reserved. CD38:4 UTILITIES Division 6. Powers and Authority of Inspectors Sec. 38-209. Inspection by superintendent of properties; powers and authority; disconnec- tion of serviceRight to access. Sec. 38-210. IndemnificationSafety. Sec. 38-211. Inspection by superintendent of private properties; entry and subsequent work on easementEntry onto easement properties. Sec. 38-212. Authority to inquire into any processes affecting safe, potable water. Authority to inquire into any processes affecting safe, potable water. Secs. 38-2143—38-232. Reserved. Division 7. Penalties Sec. 38-233. Civil penalties; waiver fees. Sec. 38-234. Violations. Sec. 38- 2345. City has right to institute civil action. Sec. 38- 2356. Notice of violation; correction. Secs. 38-2367—38-265. Reserved. Division 8. Rates and fees Sec. 38-266. Authority to establish rates. Sec. 38-267. Service application, connection and initiationNew connection fee. Sec. 38-268. Hydrant use fees. Sec. 38-269. Water usage feeMinimum customer fees. Sec. 38-270. Shut-off and turn-on feesFees for turning water on/off. Sec. 38-271. Sinking fundExcess revenue. Sec. 38-272. Water charge invoice; delinquencyBilling cycles. Sec. 38-273. Applicants responsible for payment of billsWater charges. Sec. 38-274. Sprinkler line annual feeFire sprinkler systems. Sec. 38-275. Rate and fee schedule review. Sec. 38-276. Residential and serviceCWD water application fee. Sec. 38-277. Final water readings. Sec. Sec. Sec. 38-278. 38-279. 38-280. Lien priorityCurb stop operation fee. Lien priority. Abatement. Secs. 38-28179—38-304. Reserved. CD38:5 Division 9. Disconnection Policy Sec. 38-305. Purpose. Sec. 38-306. Reconnections requested outside normal working hours. Sec. 38-307. Reconnection rates. Secs. 38-308—38-319. Reserved. CD38:6 UTILITIES § 38-48 **** ARTICLE III. WATER SYSTEM DIVISION 1. GENERALLY Sec. 38-48. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned Water Service Line means a water service line that serves a building that is demolished and no building or zoning permits for a new building are pending, or, when a new meter service line has been installed to serve a building and use of the old service line has been discontinued. Allocation means a commitment, issued to an applicant pursuant to these Rules, of a certain number of gallons per day (gpd) from the water distribution system’s reserve water storage capacity for use in connection with a land development project. Allocation Fees shall be established by the city council and shall be due in accordance with this Ordinance. Approved means accepted by the city water department as meeting an applicable specification stated or cited in this article. CD38:7 § 38-48 SOUTH BURLINGTON CITY CODE Backflow means: (1) A flow condition, induced by a differential in pressure, that causes the flow of water or other liquid into the distribution system of a potable water supply, from any source or sources other than its intended source. (2) The backing up of water through a conduit or channel in the direction opposite to normal flow. Backflow preventer means a device or means designed to prevent backflow. Air gap means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or pipe or faucet supplying water to a tank, plumbing fixture, or other device and the level rim of said vessel. An approved air gap shall be at least double the diameter of the supply pipe, measured vertically above the top of the overflow rim of the vessel; and in no case less than one inch. Double check valve assembly means an assembly of two independently operating approved check valves with tightly closing shut-off valves on each end of the check valves, plus properly located test cocks for the testing of each check valve. To be approved, these devices must be readily accessible for in-line testing and maintenance. Reduced pressure principle deviceBackflow Prevention Assembly Type means any effective assembly used to prevent backflow into a potable water system. The type of assembly shall be based on the existing or potential degree of hazard and backflow condition. The types of backflow prevention assemblies are:: (1) Air Gap (AG) (2) Atmospheric Vacuum Breaker Backsiphonage Prevention Assembly (AVB) (3) Double Check Valve Backflow Prevention Assembly (DCV) (4) Double Check- Detector Backflow Prevention Assembly (DCVD) (5) Dual Check (DC) (6) Pressure Vacuum Breaker Backsiphonage Prevention Assembly (PVB) (7) Reduced Pressure Principal Backflow Prevention Assembly (RPZ) CD38:8 (8) Reduced Pressure Principal-Detector Backflow Prevention Assembly (RPZD) (9) Spill-Resistant Pressure Vacuum Breaker Backsiphonage Prevention Assembly (SVB) (1) An assembly of two independently acting approved check valves together with a hydraulically operating, mechanically independent pressure relief valve located between the check valves and at the same time below the first check valve. The unit shall include properly located test cocks and tightly closing shut-off valves at each end of the assembly. The assembly shall operate to maintain the pressure on the public water supply side of the device. At cessation of normal flow the pressure between the two check valves shall be less than the pressure on the public water supply side of the device. (2) In case of leakage of either of the check valves, the differential relief valve shall operate to maintain the reduced pressure in the zone between the check valves by discharging to the atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere. To be approved, these CD38:9 UTILITIES § 38-48 devices must be readily accessible for in-line testing and maintenance and be installed in a location where no part of the device will be submerged. Bedroom means any room within a building or structure that is permitted, used, or serves as sleeping quarters. Capacity Allocation means (a decision of) Reserve Capacity set forth to commit a specified amount of water capacity (measured in gallons per day as described herein) to a specific area or areas or specific project. Capital Improvement means significant improvement to public infrastructure having a purchase, lease or construction cost of more than $5,000 and expected working life of more than five (5) years. Cellar stop means the valve installed on the service pipe after it enters the building and before the water meter, owned by the Owner of the building. May also be called ball valve,, service gate valve, main valve, or angle valve. Change of Use means the modification of a use of a building or land, or the replacement of a use of a building or land with another use or uses, or the addition of a use or uses to a building or land, or the cessation of a use or uses of a building or land. Chapter 21 means the most current version of the State of Vermont Environmental Protection Rules, Chapter 21 - Vermont Water Supply Rule. EPR Chapter 21 applies to all Public Water Systems in Vermont. For clarification purposes, EPR Chapter 1-Wastewater System and Potable Water Supply Rules, are for non-public water systems. City Center service area means that area of the city located in the Central District I New Town Centerzoning district, as designated approved by the State of Vermont DesignationDowntown Board Program city zoning regulations presently in effect or hereafter amended. Commercial or industrial unit means a single commercial or industrial unit, whether rented or owned by the business or occupant, which has independent ingress and egress or has common ingress or egress with other units within a building or structure, but with separate commercial or industrial facilities. Examples may include, but are not be limited to, CD38:10 stores located in shopping centers or separate office or condominium units within a single building or structure. A commercial or industrial unit is for use for other than residential purposes. Committed Reserve Design Capacity means the total amount of proposed development water flow (gallons per day, gpd) for all projects/ buildings approved by the City and the State of Vermont for to the water system, but not yet consuming water at the time of calculation. Completed construction means, for a single building, completion of all foundation, framing, siding, roofs and improvements, or for subdivision development, the completion of all buildings on all buildings on all lots. Connection fee means a onetime fee imposed on applicants for the city’s cost to fund upgrades, capital improvements and extensions of the water system in order to maintain capacity for new connections. Said fee is to be paid to the department prior to connecting to the water systemtwo-part fee comprised of a connection fee and a water initiation fee imposed on applicants for the city's cost of performing, supplying materials, supervising, inspecting and administering a connection to the water system, including any water service extension, upgrade of a water service, or for any portion of these activities. Contaminant Conservation Notice or Order means a notice issued by the CWD or city, based on the determination that customary and usual water use will exceed the supply available or compromise fire protection for the time specified in the notice or orderany physical, chemical, biological, or radiological substance or matter in water. Contaminant means any physical, chemical, biological, or radiological substance or matter in water. Contamination means an impairment of the quality of water which creates an actual hazard to the public health through poisoning or through the spread of disease by sewerage, industrial fluids, waste, etc.. CD38:11 § 38-48 SOUTH BURLINGTON CITY CODE Corporation stop (corporation) means a valve for joining a service pipe to a street water main. It is usually owned and operated by the city when within the City right-of-way. It cannot be operated from the surface. Cross connection means any physical connection or arrangement between two otherwise separate piping systems; one of which contains potable water, and the other, water or liquid of unknown or questionable safety, steam, gases or chemicals whereby there may be a flow from one system to the other. Curb stop means the valve that normally terminates the city's portion of the service line normally located at the highway right-of-way or public water main right-of-way and to which the building's service line is connected to provide water service to the user. It can be operated from the surface. Department means the city water department. For the purposes of this article, the terms "department" and "city water department" are interchange- able. Design Capacity (or Permitted Capacity) means the monthly average daily flow that the City is permitted. Development means the construction of improvements on a tract of land for any purpose, including, but not limited to, residential, commercial, industrial, manufacturing, farming, educational, medical, charitable, civic, recreational, and religious uses. Development water flow means the estimated flow calculated using Table A2-1- Unitized Average Day Flows, as shown in EPR Chapter 21 latest edition, as promulgated at the time a water allocation letter is requested. The City does not accept historical meter data from another property as an alternative method for determining this flowestimated flow calculated using flow quantities, adopted as rules by the state, as promulgated at the time a water allocation letter is requested. Director means the Director of South Burlington Public Works. Disconnection means the deliberate interruption by the department of water service to the user. Disinfectant means any substance, including, but not limited to, chlorine, chlorine dioxide, chloramines, and ozone added to water in any part of the treatment or distribution process, that is intended to kill or inactivate pathogenic microorganisms and potential pathogens. Distribution Department. The Distribution Department of the Champlain CD38:12 Water District is responsible for the administration and operation of the City of South Burlington water department and acting as the South Burlington Water Department. At the time of this ordinance approval the Champlain Water District is under a service agreement to act as the Distribution Department. District means the legislative body of the Champlain Water District or its appointed representatives. Easement means the authorization of a property owner for the use by another or for a specified purpose, of any designated part of theirhis property. Excavation means the removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances, or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged. Failed System means any private water treatment system, such as a traditional well system, that no longer effectively supplies Potable Water. Fire flow means the rate of flow, usually expressed in gallons per minute that can be delivered from a water distribution system at a specified residual pressure for firefighting purposes. CD38:13 UTILITIES § 38-48 Fire service means the water service provided to a user for fire protection systems or equipment installed on the property of the user, such as a sprinkler system. First-come, first-served basis means the review of complete plans and applications or requests for approval of a project in the order in which they were received by the department. Functioning System means any private water treatment system, such as a traditional well system, that effectively provides a source of potable water. water service area is provided from tanks on Dorset Street. This area drinking waterHydrant, private, means a hydrant not constructed by the city or within the city public right-of-way, nor on city property or within an easement owned by the city, or a hydrant that has not been accepted by the superintendent or council. Hydrant, public, means a hydrant installed by the city within public rights-of-way, on city property or within an easement owned by the city, or installed by a person other than the city, which has been offered to and accepted by the city, which acceptance is documented by action of the superintendent or council. Individual booster pump station means a booster pump system that is owned and operated by the individual service connection, without any oversite or control from the South Burlington water department. Industrial fluids system means any fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration which would constitute a health, system, pollution or plumbing hazard if introduced into an approved water supply. This may include, but not be limited to: polluted or contaminated used waters; all types of process waters originating from the public potable water system which may deteriorate in sanitary quality; chemicals in fluid form; plating acids and alkalis, circulated cooling waters connected to an open cooling tower and/or cooling waters that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters such as from wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, etc.; oils, gases, glycerineglycerin, paraffins, caustic and acid solutions and other liquid and gaseous fluids used industrially, for other processes, or firefighting purposes. CD38:14 Independent Water Meter means a water meter that measures water that is not discharged into the sanitary sewer system. Possible uses include lawn irrigation system meters, cooling tower meters, and designated pool filling meters. Indirect Connection means any change in the structure currently being served through an existing connection which will result in additional dwelling units, or in the case of non-residential and tax-exempt space, where such change will result in additional building square footage or an increase in meter size, or the addition of a fire service. Irrigation system means a network of piping designed to distribute water on or towards plant life to promote growth. water service area is provided from tanks located on Harbor Ridge Road. This are drinking water Manifold means a pipe fitting with numerous branches to convey fluids between a large pipe and several small pipes or to permit choice of diverting flow from one of several sources or to one of several discharge points. Pathogenic means causing or capable of causing disease. CD38:15 § 38-48 SOUTH BURLINGTON CITY CODE Pathogenic means causing or capable of causing disease. Peak demand means the maximum momentary load placed on a water system. Permit means a written document issued by the city South Burlington water Water department Department pursuant to this article giving designated persons permission to operate and/or construct, alter, renovate or connect to or draw water from the city water system. Permit to Operate means a permit issued to the city for the operation of the municipal water system by the State of Vermont Department of Environmental Conservation. Person, customer or user means an individual, partnership, association, syndicate, company, firm, trust, corporation, government corporation, municipal corporation, institution, department, division, bureau, agency or any entity recognized by law requesting or being provided water or fire protection from the city. Pollution means a condition representing the presence of nonpotable, harmful, or objectionable materials in water. Potable water means water free from impurities in amounts sufficient to cause disease or harmful physiological effects, with the bacteriological, chemical, physical and radiological quality conforming to applicable regula- tions and standards of the Safe Drinking Water Act administered by the state water supply division. Premises means any land and building thereon. Private street means any road, lane, or way, intended for vehicular access purpose, which serves a subdivisionmore than two lots, and is neither owned nor maintained by the city. Private streets and hence, private water mains and appurtenances shall be marked as such on final plats. The planning commission, per the city's subdivision regulations, may adopt a street as private. Property owner or owner means any full or part Owner, joint Owner, tenant in common, tenant in partnership, joint tenant or tenant in the entirety with legal title to the whole or part of a structure or parcel of landmeans that person or user identified as owner of a property by recorded deed. CD38:16 Public water system means any system or combination of systems owned or controlled by a person, that provides drinking water through pipes or other constructed conveyances to the public and that has at least fifteen (15) service connections used by year-round residents or regularly serves at least 25 year-round residents. For the purposes of this Ordinance, a Public Water System shall also mean a water system in which all Owners of abutting properties have equal rights, and is controlled by public entitya water system in which all owners of abutting properties have equal rights, and is controlled by public entity. Residential means water consumption consistent with common household activities. Reserve Design Capacity means the permitted water capacity, as identified in the city’s permit to operate, minus the System Water Flow during the preceding 12 months. Retail department. The retail division of the Champlain Water District is responsible for the administration and operation of the retail water system owned by the city. Sampling means the act or technique of selecting a representative part of the water supply for testing and analysis. CD38:17 UTILITIES § 38-48 Service connection or service or service line means each single water pipeline, which provides water to an individual residential living unit, a commercial unit or an industrial unit from the public water system, is a service connection. The service connection shall start at the corporation stop or tap at the main water line and extend inside the building to the water meter. The applicant, to department standards, shall construct the service connection on new constructionAll service connections shall be constructed in accordance with Department approved standards. Once installed, the responsibility for maintenance and repairs on the service connection is split at the curb stop or tapping valve between the owner/applicant and the department. The department has the responsibility for maintenance from the city owned main line up to and including the curb stop which is normally located at the edge of the city right-of-way or tapping valve. The owner/applicant has responsibility for maintenance and repairs from beyond the downstream side of the curb stop or tapping valve, including the downstream connection to and inside the building with the exception ofexcept for the meter. Standard methods means methods for examination of water and wastewater published jointly by the American Public Health Association, the American Water Works Association or the Water Pollution Control Federation or successor organizations. Street Right-of-Way means any public right-of-way set aside for public travel which is accepted or eligible for to be accepted for maintenance by the City of South Burlington, the State of Vermont, or a bordering Vermont City or Town if so authorized; or has been dedicated for public travel by the recording of a plat or subdivision which has been approved or is subsequently approved by the City of South Burlington; or has otherwise been established as a public street prior to the adoption of the South Burlington land development regulations. Subdivision means a tract of land, owned or controlled by a person, which has been partitioned or is intended to be divided for the purpose of sale or lease into two or more lots. The term "subdivision" includes any development of a parcel of land such as a commercial or industrial complex, residential project, or combination. multi-family project, planned unit development, or planned residential development. Substantial Change means a permanent increase or decrease in the water use volume from an existing, or proposed development or building connection. CD38:18 Superintendent means the administrative director of the South Burlington Water Department. When the Champlain Water District serves as the City’s water department this refers to the retail distribution director or superintendent of the Champlain Water District, or his their authorized representative. System Water Flow means the city’s portion of the water passing through the city’s water distribution system as measured at the CWD owned master meter vaults, in gallons per day (gpd) on a monthly average daily flow basis for the preceding twelve (12) months. Tapping sleeves means a split sleeve used in making a wet connection where a single branch line is to be tapped into a water main under pressure. All taps over two-inches (2”) require a tapping sleeve and valve. Traverse means to cross via an easement through, or to pass within a city right-of-way along the edge of, the property in question. Uncommitted Reserve Design Capacity means the portion of the reserve design capacity remaining after subtracting committed reserve design capacity. Utility Easement means an approved easement of sufficient width shall be provided in locations acceptable to the city so as to serve both the proposed subdivision and existing and anticipated development outside the subdivision, typically twenty (20) feet centered over the water main. Valve boxes means a metal box set over a valve and rising to the ground surface, to allow access to the operating nut for opening and closing the valve. A cover is usually provided at the surface to keep out dirt and debris. Water main means a pipeline used for the transmission of water to hydrants and service connections, together with such appurtenant facilities as are necessary for the proper operation of the main. City water main means a water main constructed by the city within public rights-of-way, on city property or within an easement owned by the CD38:19 § 38-48 SOUTH BURLINGTON CITY CODE city, or a water main constructed by a person other than the city which has been offered to and accepted by the city, which acceptance is documented by action of the superintendent or council. Any other water main in the city which is not a city water main or CWD water main shall be deemed a private main for the purpose of this article and considered an extension of the City water system. CWD water main (transmission main) means a water main owned and controlled by the Champlain Water District (CWD). Water distribution/supply system (water works) means any publicly owned water system operated as a public utility under a valid state permit to supply water for domestic purposes. The term "water supply system" includes all sources, facilities and appurtenances between the source and the point of delivery such as valves, pumps, pipes, conduits, tanks, receptacles, fixtures, equipment and appurtenances used to produce, convey, treat or store potable water for public consumption or use. Water service area (service area) means the area served by or planned to be served by the publicly owned water distribution system, as shown on the water service area map, located in Appendix A of this ordinance. High Service Area, means the geographical area within the water service area of the city, where water is provided from tanks on Dorset Street. This service area can provide drinking water to a building with a first- floor elevation at or below 430 feet in elevation. Main Service Area, means the geographical area within the water service area of the city, where water is provided from tanks located on Harbor Ridge Road. This service area can provide drinking water to a building with a first-floor elevation at or below 260 feet in elevation. Wet tap (tap) means a connection made to a main that is pressurized. Working days means Monday through Friday, excluding legal holidays. (Ord. of 11-4-2002, art. I, § 1) Sec. 38-49. Abbreviations. For the purpose of this article, the following abbreviations shall have the meaning ascribed to them under this section. References to standards of the CD38:20 following organizations shall refer to the latest edition of it. ANSI means American National Standards Institute. ASME means American Society of Mechanical Engineers. ASTM means American Society of Testing and Materials. AWWA means American Water Works Association. CWD means the Champlain Water District. DRB means the development review board of the city. DWGPD means the Drinking Water Groundwater Protection Division of the VT DECVermont Department of Environmental Conservation. GMWEA means the Green Mountain Water Environment Association, Inc. NPC means National Plumbing Code. NeRWA means the Northeast Rural Water Association. NEWWA means New England Water Works Association, a section of AWWA. CD38:21 UTILITIES NFPA means National Fire Protection Association. SBWD means South Burlington Water Department. VRWA means Vermont Rural Water Association. (Ord. of 11-4-2002, art. I, § 2) Sec. 38-50. Water department rates and fees. All water department rates and fees are adopted by majority vote of the city council and are on file in the city clerk's office. (Ord. of 11-4-2002, app. I) Sec. 38-51. Hydrant use permit application. The city water department's hydrant use permit application is available in the city clerk's office. (Ord. of 11-4-2002, app. II) Secs. 38-52—38-701. Reserved. DIVISION 2. EXTENSION, MODIFICATION AND MAINTENANCE OF CITY AND CWD WATER MAINS Sec. 38-71. Required Connections; Prohibited Extensions; Modifications 1. Required Extensions and Connections. All property owners located within the water service area shall be required to connect to the public water system, or a property owner may be allowed to connect to an adjacent municipal water system at the discretion of the superintendent. 2. Prohibited Connections and Extensions. Connections to and extensions of the public water system proposed to serve development located outside the water service area are prohibited. a. Connections to and extensions of existing water system infrastructure extending to adjacent municipalities are subject to the provisions of the Ordinance Regulating Use of The Town of CD38:22 Shelburne Water System. 3. Changes to Water Service Area within the City of South Burlington to match approved changes to habitat block and habitat connectors under the Land Development Regulations. The City Council, may by resolution approve a change to the boundaries of the water service area, subject to the following limitations: a. Such change may only take place upon request by a property owner that has received final approval for a habitat block and habitat connector modification under the South Burlington Land Development Regulations. b. The change must exactly match the geography of the approved habitat block and habitat connector modification. c. Upon approval by the City Council, the Water Service Area shall be modified as follows: areas approved under the Land Development Regulations be removed from the habitat block and connector shall be added to the water service area and areas approved under the Land Development Regulations to be added to the habitat block and habitat connector shall be removed from the water service area. 4. All other changes to Water Service Area within the City of South Burlington. Any change to the water service area within the City of South Burlington, except those approved under Section 38-71.3, shall require amendment of this Ordinance. Sec. 38-72. Constructing, connecting water main requires prior approvalPermits to construct. NoIt shall be unlawful to construct a water main, service or appurtenance that is to be connected to a city water main, without the prior, written approval of the superintendent. The department shall review plans of all proposed water system construction to ensure compliance with department approved specifications. Any materials and equipment used will meet the most recent version of the “City of South Burlington Department of Public Works Standards and Specifications”, henceforth the DPW Standards. The city is responsible for the distribution of water from the Champlain Water District (CWD) transmission mains or storage facilities to the tap. For that reason, the city regulates water distribution main and service line construction, installation, and maintenance. CD38:23 To comply with Vermont DEC Drinking Water and Groundwater Protection Division (DWGPD), permit to construct requirements, the department shall review and comment on plans for a proposed project to ensure plans meet the CWD specificationsDPWCity Standards. The department will provide letters to a project’s developer stating whether or not the water system has the ability to provide the quantity, quality and pressures to serve the project, after further evaluation as determined by the city. The owner shall repair or replace as required, promptly and without charge, all work, and materials, or parts thereof, which fail to meet the above guarantee during the required warranty period. Any testing, inspections, or certifications required by the State of Vermont and/or the department in relation to the new water system infrastructure will be conducted by or under the supervision of the Professional Engineer responsible for the project. All applicable tests, inspection, record drawings, and certification results shall be supplied to the department. Water shall only be provided upon satisfaction of all applicable State and local standards and upon authorization by the department. The water system shall be responsible for providing water at adequate quantity and quality in accordance with State regulations and the water system’s existing permit to operate. Upon authorization by the department, authorized service to new users shall be covered under and subject to the terms of the water system’s permit to operate. person shall construct a water main that is to be connected to a city water main without the prior written approval of the superintendent. All property owners located within the water service area shall be required to connect to the public water system, or a property owner may be allowed to connect to an adjacent municipal water system at the discretion of the superintendent. (Ord. of 11-4-2002, art. II, § 1) Sec. 38-73. Water mmain construction standards and requirements. Any water main which is to be connected to a city water main or provide water from the city’s water distribution system shall be constructed in accordance with the following standards and requirements: (1) All municipal water extensions, extended for the purpose of development shall be a minimum pipe size of eight-inch (8”) diameter unless waived by the superintendent, and shall be extended to the farthest boundary line of the development property CD38:24 within the city or water system right-of-way or an easement providing for future extension of the system. The superintendent may require the installation of a pipe size larger than that necessary for a development for just cause and at no cost to the cityMinimum pipe size shall be eight-inch, unless the superintendent grants written approval for use of a smaller pipe size. The superintendent may require the installation of a larger pipe size. If the superintendent requires a pipe larger than that necessary for a development, then the city shall reimburse the person or developer installing the water main for the difference in cost of material between the eight-inch and the larger pipe. CD38:25 § 38-73 SOUTH BURLINGTON CITY CODE (2) Water mains shall be located within the right-of-way limits of public highways in the city, unless the superintendent city grants written approval for locations of a water main on other property owned by the city or within an easement granted to the city. Where a water main is to be located in an easement, and will be owned by the city, the easement shall: a. Be perpetual in duration; b. Be of sufficient width to accommodate the water main and reasonably needed or anticipated appurtenant facilities, typically twenty (20) feet wide centered over the pipeline as constructed; c. Be of adequate scope to allow the perpetual repair, replacement, operation and use of the water main and appurtenant facilities located within the easement; d. Be sufficiently restrictive to prevent the installation or construc- tion of improvements within the limits of the easement, including landscaping improvements, that would place an unreasonable burden on the city when exercising its rights under the easement; d.e. Be defined geographically independent of another utility’s easement limit, regardless of whether or not the city easement overlaps with another utility’s easement; e.f. Extend across the entire property of the property to be served to enable continuation of the main across adjoining property; and f.g. Act as a bill of sale to convey the water main and appurtenance facilities located in the easement to the city. (3) The city’s water system or extension of the city’s water system shall not be extended beyond the boundaries of the City without a formal request for such extension from the city council of the municipality in which service is to be provided and approved as such request by the city council and the CWD board of water commissioners.When a water main is extended to serve a specific property, the property owner shall be responsible for constructing the main to the property's furthest property line to allow for continuation to adjoining properties. (3) CD38:26 (4) The city will not be required to render service where normal system pressures may be expected to fall below thirty-five (35) pounds per square inch (psi) at the first-floor elevation of homes or businesses. a. Main Service Area: To provide water service at a static pressure of 35 psi during critical water tank operating levels in the main service area, the city will only render service to buildings with a first-floor elevation at or below 260 feet in elevation. b. High Service Area: To provide water service at a static pressure of 35 psi during critical water tank operating levels in the high service area, the city will only render service to buildings with a first-floor elevation at or below 430 feet in elevation. (5) In areas where a static water pressure of 35 psi cannot be achieved, privately owned booster pump stations shall not be used to increase the pressure served to the minimum 35 psi. (6) Individual booster pump stations shall not be allowed for any individual service connection unless installation is approved in writing by the Department and VT DEC DWGPD, and includes a properly sized and located air gap, and conforms to VT DEC DWGPD guidelines. (4)(7) Persons designing and constructing water mains shall use the most recent version of the "Specifications and Details for the Installation of Water Lines and Appurtenances for All Water Systems Owned by the Champlain Water District, the City of South Burlington, Colchester Fire District #1, and the Village of Jericho." Looping of water lines shall be a design requirement wherever feasible. (5)(8) Except in cases of emergency, or Unless otherwise approved by the superintendent in writing, no extensions of water mains or services shall be installed all water main construction work shall be performed between April 1 and November 15 and April 1. (6) A water main shall not be placed in service until the superintendent issues written authorization of such action. Such authorization will CD38:27 UTILITIES § 38-76 (9) not be issued until, at a minimum, the superintendent has been provided written certification from a professional engineer licensed in the state that the water main and appurtenant facilities: a. Have been constructed in accordance with approved plans and required standards, comply with the CWD specificationsCityDPW Standards; and b. Have been inspected and tested with results that demonstrate compliance with applicable standards; and. b.c. Record drawings as stated in the CWD sSpecifications CityDPW Standards have been provided. (Ord. of 11-4-2002, art. II, § 2) Sec. 38-74. Testing and disinfection of pipeline. (a) All water mains shall be constructed, tested and disinfected in accordance with the CWD sSspecificationsCityDPW Standards. noted in section 38-73. The test pressure for all mains shall be minimum of 200 psi; or 150 percent of working pressure, whichever is greater. (b) All costs for all water, materials, equipment and labor to perform the required installation, testing and disinfections of the pipeline shall be borne by the contractor. (c) From the date the new system is placed into service, for one yearuntil the water main has been accepted by the city, the developer/contractor will be responsible for any necessary repairs or correc- tions. (Ord. of 11-4-2002, art. II, § 3) Sec. 38-75. Excavation work requires prior approvalWork Initiation. No person shall initiate excavation work within the limits of any city or the Champlain Water District (CWD) water main easement without the prior written approval of the superintendent. (Ord. of 11-4-2002, art. II, § 4) Sec. 38-76. Work Modifications or connections to water main requires prior approval. No person shall perform any work or make any modifications or connec- CD38:28 tions to a city or CWD water main without the prior written approval of the superintendent. No person shall operate any valves that are connected to the city’s water mains unless done in the presence and/or under the direction of department personnel. (Ord. of 11-4-2002, art. II, § 5) CD38:29 § 38-77 SOUTH BURLINGTON CITY CODE Sec. 38-77. Maintenance of wWater main smaintenance. The department shall be responsible for the maintenance of all city water mains. The department shall oversee the maintenance of private water mains at current rates for labor and material that shall be billed to the private water main owner. (Ord. of 11-4-2002, art. II, § 6) Sec. 38-78. Maintenance of hHydrants maintenance. (a) The department shall be responsible for the maintenance of all hydrants in the city. (b) To maintain control of the quality of water as required by State and Federal regulations, and the operability of all fire hydrants within the city, the owner of a private hydrant(s) shall agree to a fire hydrant maintenance agreement with the department. Said agreement shall run with the land and shall be binding on all assigns, grantees, successors and/or heirs of the owner/applicant. (c) The department shall provide routine service, including flushing, lubricating, flow testing, painting, pumping and leak detection, to private hydrants for this a fee. (d) If a privately-owned fire hydrant is found to be inoperable and/or in need of repair, the department shall notify the owner and the South Burlington Fire Department in writing of the required repairs. All required repairs shall be made by the Owner within 60 days of the notice to the owner. (e) In the event weather conditions prevent the required repairs to be made within such 60-day period, a reasonable additional time shall be allowed. (f) If the required repairs have not been made within the time specified herein, the department or its agents may make the required repairs and the owner shall reimburse the Department for the cost of such work. (g) Any bill which remains unpaid for the period of 30 calendar days or greater shall result in a lien against the owner’s land and shall be subject to collection in the same manner as real property taxes. (b) Each private hydrant shall be assessed a private hydrant fee. (c) The department shall provide routine service, including flushing, lubricating, flow testing, painting, pumping and leak detection, to CD38:30 private hydrants for such fee. (d) Work beyond routine labor and material shall be performed at current rates for labor and material and billed to the hydrant owner. (Ord. of 11-4-2002, art. II, § 7) Sec. 38-79. Connecting to Champlain Water District transmission pipelines. Persons wishing to connect to or tap a water line owned by the CWD must contact the superintendentresponsible person in charge of said CWD lines at CWD. Approval may only be granted if the property cannot otherwise be connected to a distribution main and reasonable justification is provided. (Ord. of 11-4-2002, art. II, § 8) Sec. 38-80. Private water mains and hydrants. (a) The department shall not maintain any water lines that have not formally been accepted by the city as stated in section 38-73, except in subdivisions that are designed to department specifications and are intended to be accepted, as defined in subsection (e) of this section, or unless the owner has entered into an annual maintenance contract with the department, as outlined in subsection (f) of this section. (b) All water lines and appurtenances not located in the city right-of-way or public grounds shall be considered private pursuant to this article and other city ordinances. (c) All water mains and appurtenances located within an area so designated as restricted or private by the developer shall be considered private.. CD38:31 UTILITIES § 38-104 (d) Water lines, hydrants, and appurtenances installed at the request of a property owner in a location that does not directly benefit the city none was planned or intended shall be considered private, unless waived by the council. (e) All water mains and appurtenances in new developments which have not had final inspections by the department, or are still under warranty by the contractor, though not subject to a private system maintenance feen annual fee, are liable for all other fees or charges if services are requested by the developer, until such time as the lines are deeded over and accepted by the city, pursuant to this article and other city ordinances. During such time as the water mains and appurtenances are still under warranty and have not been transferred to the city no operation of the water main or its appurtenances may take place without the Department’s approval, and only then under the supervision of the Department. (e)(f) A Private System Maintenance Fee may be established or revised from time to time by the Council to assess charges to properties that have multiple appurtenances including mains, services, gate valves, fire hydrant gate valves and blow offs in order to maintain the quality of water and pipe work integrity within the private system. The owner of private water appurtenances may enter into an annual maintenance contract with the department for the routine maintenance service of water main gate valves, fire service gate valves, and other appurtenances other than fire hydrants which are covered under other requirements in this ordinance. The routine maintenance service will include gate valve box cleaning, gate valve operation, and blow off operation in accordance with recommended maintenance practices. The owner shall indemnify the department from any loss or damage such as but not limited to leaking valves, pipes, or appurtenances or discolored water that may directly or indirectly be occasioned by the maintenance of the owner’s water valves and appurtenances, when maintenance is performed in accordance with established guidelines. It shall be the responsibility of the owner to repair or replace any appurtenance found to be defective, damaged or non- operational as part of the provided contracted maintenance service. (Ord. of 11-4-2002, art. II, § 9) Secs. 38-81—38-103. Reserved. CD38:32 DIVISION 3. BUILDING WATER SERVICE CONNECTIONS Sec. 38-104. Permit requiredApplication for Service. (a) No person shall initiate construction work to make a connection to a city or CWD water main without obtaining a permit from the department authorizing such connection. (b) Application for a permit shall be made on forms provided by the department and shall be supplemented by any plans, specifications or other information which the department deems necessary to review the applica- tion. Required application fees shall accompany applications, unless otherwise stated herein. (c) Any person proposing a new water allocation from the city’s water distribution system or a substantial change in the volume from the system shall notify the department at least 45 days prior to the proposed change or connection. (d) No such change or connection shall be made without written approval from the superintendent as required in this article. (e) The allocation request shall be supplemented by any plans, specifica- tions, or other information considered pertinent by the department. The applicant shall state fully and truly all the purposes for which water may be required and shall submit a new application prior to making any alterations in that purpose. No person shall use water from the city for purposes other than those stated in such application. (Ord. of 11-4-2002, art. III, § 1) CD38:33 § 38-105 SOUTH BURLINGTON CITY CODE Sec. 38-105. ApplicationsCWD Connections. The department shall act on applications for connections to CWD water mains in accordance with procedures established by the departmentCWD. Applicants seeking approval for such connections shall be subject to all applicable department CWD procedures, requirements and fees. (Ord. of 11-4-2002, art. III, § 2) Sec. 38-106. Service connections requirements. (a) Service connections to city water mains shall be subject to the following requirements: (1) All costs and expenses incidental to the installation and connection of the building water service connection from the water main to the building or structure shall be borne by the owner. The department owner shall perform all necessary excavation from the main to the curb stop and unless the department gives permission to allow excavation by others. The property owner/agent is responsible and must provide all neces- sary excavation from the curb stop to the building structure. The owner shall indemnify the department from any loss or damage that may directly or indirectly be occasioned caused by the installation of the water service connection. A new water service charge shall not pertain to the properties already serviced by the city unless an indirect connection is proposed. All work shall be performed by the owner at their cost and inspected by the department prior to connection. (2) A separate and independent corporation stop and curb stop with approved curb box shall be provided for every building. Where one building stands at the rear of another or on an interior lot and no water system is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the department may allow two services from a single corporation stop, providing each building has a separate curb stop and curb box. Use of an existing single corporation stop and service line may only be used when found on exam visual examination by the department, to be in satisfactory condition and meeting all requirements of this article. The burden of proof and all expenses incurred by the department to determine the condition and adequacy of the service line shall be borne by the owner of said service line. Where fire services are required, there shall be a separate domestic service line and shut off outside the CD38:34 building being served, in a department approved accessible location. (3) The size, depth, alignment, materials of construction of the building water service connection and the methods to be used in excavating, placing the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the CWD specificationsCityDPW Standards noted in division 2 of CD38:35 UTILITIES § 38-106 this article or other applicable rules and regulations of the depart- ment. In the absence of code specification provisions or in amplification thereof, the materials and procedures set forth in appropriate State codes, specifications of the National Plumbing Code, Ten States Standards for Water Main and AWWA Standards, all latest editions, shall apply. Furthermore, the following additional standards shall apply: a. New type "K" copper shall be used for all service lines up to and including two-inch diameter pipe from the corporation stop to the curb stop. No PVC may be used between the main and curb stop. b. Service connections over two inches shall require a tapping sleeve and valve. c. New service lines up to and including two one inch (1”)es shall be copper from the curb stop to the building, unless approved otherwise by the superintendent. 1-1/2” to 2” service lines shall be of a material as specified in the CWD specificationsCityDPW Standards. The department reserves the right to inspect all water service lines from the curb stop to the building. c.d. The department shall not be responsible or held accountable for locating any service line between the curb stop and building. Service line locating between the curb stop and building shall be at the discretion of the Department. d.e. All service connections shall be laid at a minimum depth of six feet (6’), unless specifically waived by the department. e.f. Service connection taps to the main water line shall only be performed by firms qualified to perform the service connection tap. The qualifications of a firm to perform this tap shall be determined by the department. All building service connections shall be installed in accordance with the guidelines outlined in the DPW Standards. The CWD Sspecifications noted in division 2 of this article contain additional guidelines for the installation of building service connections. (b) Prior to any service connection being made to the main water line, the superintendent, or his designee, shall be given at least two working days' notice in order that the work can be scheduled for inspection. CD38:36 (3) Prior to any service connection being made to the main water line, the superintendent, or their designee, shall be given at least two working days' notice in order that the work can be scheduled for inspection. (1)(4) All service connections will be made during normal workday hours and no connection shall be allowed on Friday, Saturday, Sunday or legal district city holidays. (2)(5) If the superintendent, or his their designee, has not been properly notified and the work has proceeded, the superintendent, or his their designee, may require the completed work to be uncovered for examination, at the owner's expense and/or be prepared to bear all repair costs if problems arise. (3) The property owner/agent shall agree, as a condition of receiving approval for connection to the department water system, to restore the CD38:37 § 38-106 SOUTH BURLINGTON CITY CODE street, sidewalk, curbs, electrical lines, grassed or open areas or other features to their original conditions after the installation of the said water line. (4)(6) The property owner/agent shall be responsible for obtaining all local and/or state permits required prior to any excavation. (7) Failure to comply with proper restoration of facilities may subject the property owner to penalties regardless of whether the installation was performed by the owner of the property or another party. (5)(8) Construction within the public right-of-way shall only be performed when appropriate permits have been obtained. Construction within the State Highway right-of-way may require a permit from the Agency of Transportation. New service connections will not be made between November 15 and April 1, without prior approval of the department. (Ord. of 11-4-2002, art. III, § 3) Sec. 38-107. Service connection installationWater meters. All fees and charges shall be paid in full before the connection to the city’s water distribution system. All meters shall be furnished by the water department and shall be installed to department specificationsCity Standards under the direction of the superintendent. The cost of installing meters shall be paid by the property owner. The water department shall not furnish water through any meter over which they do not have exclusive control. All service connections to city water mains shall have water meters that shall be installed as follows: (1) All buildings connected to the city’s -owned water distribution system shall be required to have meters installed. (2) All buildings connected to the city owned wastewater system that may not be connected to the city water distribution system shall be required to have city owned meters installed on the internal plumbing system per department requirements. Those customers shall not be charged water usage fees while connected to an individual well system. (3) When required, a meter may be set inside a meter vault (meter pit, meter box) to assure accurate measuring of all water passing CD38:38 through it. The meter vault shall be constructed in accordance with DPW Standards at the owner’s expense and located on the owner’s property in a location approved by the superintendent. The meter vault shall be owned and maintained by the owner, including all appurtenances except the water meter as defined herein. Access shall be provided to the department for meter inspections, reading, maintenance, and replacement. (1) (2)(4) The property owner of all buildings shall be required to perform all interior or exterior plumbing necessary to safely accommodate access to the required water meters, whether or not the plumbing is new or existing. Interior plumbing work shall be completed by or under the direct supervision of a licensed plumber. (5) The department will provide a meter with an outside reader in one of the following sizes for each structure.sized based on water usage demand information provided by the owner or their designee. In addition to the water meter, the department will provide the following parts at the owners expense and included in the water connection fee, for new meter installations: a. For 5/8”x3/4”, ¾”, and 1” meters: straight or angle valve and one meter tail piece (meter connection, spud), two gaskets. b. For 1-1/2” and 2” meters: meter flanges (mating flanges), two gaskets and bolt packs c. For meters larger than 2”: gaskets and bolt packs for each side of the meter. (3) Meter size will be determined by the department based on flow information supplied to them from the developer or engineer. Service Connection Meter Size Meter Size Operating Range 5/8" x 3/4" 1/2—20 gpm (standard residential) 3/4" x 3/4" 3/4—30 gpm 1" 1—50 gpm 11/2" 2—100 gpm CD38:39 2" 21/2—160 gpm (4)(6) In the event an owner desires additional meters within a structure after the department's city owned meter to further establish usage in addition to the stated requirements, it shall be the owner's responsibility to purchase, install, read and maintain these additional meters. The meters shall should be approved by the department prior to installation. CD38:40 UTILITIES § 38-108 (5)(7) In cases where the superintendent determines that it is not feasible or in the best interest of the city to install individual city owned meters for multiple units, the department may allow a single meter to serve multiple units. The number of city owned meters required shall be determined solely by the department. (6)(8) Additional city owned meters for the purpose of identifying specific commercial/ industrial flows due to the subdivision of an existing building may be installed if approved by the department. Where such additional meters are to be used by the department as a basis for billing, the department shall install the meters at the owner's expense at current connections fees. (7)(9) It is the responsibility of the department to fix, check or replace defective or non-working city owned water meters within the departmentcity. The depart- ment will provide any normal maintenance of meters without charge. It is the responsibility of the owner to provide the department access to the building, upon request by the department, to replace, fix or check the non-working meter. The owner shall take reasonable measures to protect the inside meter and outside reader from damage. Reasonable entry and a safe working space shall be provided around the meter for accessibility to remove, repair, install, wire, and read the meter. All meters shall be set horizontally and upright. Meters shall be set immediately inside the entry point of a building unless waived by the superintendent. New meters shall be set approximately 18” off the floor, and at least 6” off the wall. (8)(10) Each meter installed shall be controlled by a curb stop directly associated with the meter unless waived by the superintendent. Generally, domestic water service connections shall not be supplied from fire sprinkler service connections inside the building. Domestic water services shall have a separate and independent service line tapped on the sprinkler line outside the building with an independent outside shut off. (9)(11) Water users must connect all fixtures supplied with water on their premises through their city owned water meters in such a manner that all water used will be measured. No connections of any type are permitted on the buildings internal plumbing before the water meter. (12) Failure of a building owner to provide access to the city owned water CD38:41 meter for repairs, maintenance or upgrade, upon request by the department, shall be considered a violation of this article. (13) In the event any city owned water meter is removed from any premises at the request of the owner or for any reason, a reinstallation fee shall be charged by the department. (14) Should a city owned meter become inoperative between readings, upon investigation and discretion of the department, the owner shall be billed at the average amount of the preceding four quarters that the meter recorded correctly or as determined by the department. (15) During construction of any building, and before the installation of a permanent city owned meter, a contractor may apply to the department for temporary water service and the installation of a construction meter. The meter will be provided by the department prior to water service being turned on. The contractor applying for temporary water service is responsible for all charges for the installation/removal of the meter and the volume of water used during construction. (16) The department utilizes automatic meter reading (AMR) remote readers and radio read meters that enable the department to read city-owned water meters more efficiently and will allow for real time water usage reports for many customers. Customers are required to upgrade to an AMR reader or radio read meter and shall be assessed a remote reading fee, as determined by the city council, until their upgrade is complete. (17) Meter locations shall be readily accessible to the department for meter reading, testing, and maintenance without prior notice to the customer so long as such access is consistent with regular meter reading, testing, and maintenance activities. Failure to allow such access shall be considered a material failure to comply with this ordinance. (10) (Ord. of 11-4-2002, art. III, § 4) Sec. 38-108. Testing; defectsInternal piping. (a) The department may require appropriate tests and repairs be made to the pipes and appurtenances and the owner or theirhis agent, at their expense, shall furnish all necessary tools, labor, materials, and assistance for such tests and repairs and shall remove or repair any defective materials when so ordered by the department. CD38:42 § 38-108 SOUTH BURLINGTON CITY CODE (b) The department reserves the right to demand any unmetered use, whether intentional or unintentional, be corrected within a reasonable period of time. (c) The department may send an estimated bill for unmetered water to the owner. (d) Should the property have a change in use and either an increased or decreased water demand, the department shall install an appropriately sized water meter to accurately meter the change in use water flows, at the owner’s expense. The owner or their agent at their expense shall modify all necessary plumbing components to fit the new city owned water meter. (e) A pressure regulator and recommended associated plumbing devices, including any required backflow prevention devices, shall be installed after the water meter but before the first fixture in the building. (f) A cellar stop shall be installed before the city-owned water meter and a second valve installed on the opposite side of the meter so that the meter can be isolated. The owner shall be responsible for all costs associated with the purchase, installation and repair of such valves. No bypass lines shall be installed around the city-owned water meter without approval of the superintendent. (g) No new city-owned water meter shall be installed without a pressure regulator and approved backflow preventer. The full cost of those devices shall be the responsibility of the owner. Owners of buildings that do not currently have appropriate shutoff valves and pressure regulators are encouraged to install them. (c) (Ord. of 11-4-2002, art. III, § 5) Sec. 38-109. Water service maintenance and repairOwnership responsibilities. (a) The city owns and is responsible for maintenance and repair of water service connections from the city-owned main line up to and including the curb stop, and the city-owned water meter. Only a department employee may CD38:43 operate, repair, replace, remove, or modify these those items. The cost of and repairs to, or replacement of cellar stops, internal piping, backflow preventers, pressure regulators, and check valves shall be the responsibility of the property owner. The owner is responsible for the service line from the curb stop to the building and for all internal plumbing except for the city- owned water meter. (b) Once installed and accepted, that portion of the service line from the city-owned main to and including the curb stop shall be the responsibility of the city. All repairs and required replacements of the service line as determined by the superintendent from the city-owned water main to the curb stop are to be performed by the city or its designee, at the city’s expense, except that replacements of a water service line with a service pipe of a larger diameter shall be at the expense of the property owner. (c) All repairs and required replacements of the service line from a water main owned by others (private) to the curb stop or building shall be the responsibility of the owner of the property served by the service line. The city will neither perform the work nor pay for same. All charges associated with inspecting the repairs and replacements of private service lines shall be billed to the owner by the department. (a) In cases where the city owned water distribution main or service line, valve, valve box, or curb box is damaged, the party responsible for the damage shall be required to make repairs to the damaged line and shall be responsible for all costs associated with said repairs. (d) (b)(e) Water service lines that have only a tapping valve connected to a city-owned water main, controlling the flow of water through the line to the building shall only be owned and maintained by the department from the city-owned water main up to and including the tapping valve. All costs associated with the repair and maintenance beyond the tapping valve, including any downstream fittings, piping and valving, even if the line infrastructure is located within the city right-of-way, shall be borne by the owner. (c)(f) It shall be unlawful for any person other than those authorized by the superintendent to turn water on or off at the curb stop or gate valve. (d) It shall be unlawful to remove any seal or connecting pin from a valve, city-owned water meter, or appurtenance. CD38:44 (g) A cellar stop shall be installed before the meter and a second valve installed on the opposite side of the meter so that the meter can be isolated. The owner shall be responsible for all costs associated with the purchase and installation of such valves. No bypass lines shall be installed around the meter without approval of the superintendent. (e)(h) All abandoned water service connections shall be disconnected from the water main. Proper disconnection includes closing the corporation stop at the main, disconnecting the service line, and installing V-Bio Poly wrap around the service tap assembly and main. Abandonment of a water service connection controlled by a gate valve shall be done at the downstream side of the gate valve. The cost of said work to be borne by the property owner. (Ord. of 11-4-2002, art. III, § 6) CD38:45 UTILITIES § 38-112 Sec. 38-110. Loss or damage to meter orof equipment. In case of loss or damage to the city-owned water meter, remote reader, or equipment supplied by the city, the customer shall be liable for the costs of repair and/or replacement of the city-owned water meter, remote reader, or equipment. Such charges shall include the labor costs of removing, repairing or replacing the city-owned water meter, remote reader, or equipment. (Ord. of 11-4-2002, art. III, § 7) Sec. 38-111. Private water individual systems. (a) Customers with private individual water systems that are planning to connect to A private water system to which the customer has connected a city water service line shall first be disconnected before city water service begins, so that water from the private system cannot feed back into the city distribution system. (b) The department reserves the right to inspect premises at any time for compliance with this section. (c) The use of pumps at a customer's premises, which pumps are connected in any way to the city water service is prohibited except upon the prior written consent of the departmentas stated within this article. (d) In no instance shall any pump use be allowed to interfere with the qualityy of service to other city customers, and/or where the possibility of damage to piping of the city or other customers could occur. The use of any pump at a customer’s premises shall automatically require the installation of a backflow device, as stated within this article. (Ord. of 11-4-2002, art. III, § 8) Sec. 38-112. On-site wells. (a) On-site wells will not be permitted for new construction where the city water supply distribution system is reasonably available, unless waived by the superintendent. (b) The owner of any house, building, or property used for human occupancy, employment, recreation, or other purposes, situated within the city and abutting any street, alley, or right-of-way in which there is located CD38:46 city water, is hereby required, at his own expense, to connect such property to the city water main within 180 days of official notice to do so, unless specifically exempted from this provision by the council. Such notice may be given in the event of a situation that may affect the health of city residents. (Ord. of 11-4-2002, art. III, § 9) CD38:47 § 38-113 SOUTH BURLINGTON CITY CODE Sec. 38-113. Water supply must be protected prior to service connec- tionCross connection control and backflow prevention. (a) No water service connection to any premises shall be installed or maintained by the city water department unless the water supply is protected as required by the most recent version of the ordinance from which this article is derived and the rules and regulations for thethe ordinance for the control of cross connections within the city. (b) Service of water to any premises shall be discontinued by the superintendent if a required backflow prevention assembly is not installed, tested, and maintained, or if it is found that a backflow prevention assembly has been removed, bypassed, or if an unprotected cross connection exists on the premises. (c) Service will not be restored until such conditions or defects are corrected. (Ord. of 11-4-2002, art. III, § 10) Sec. 38-114. Seasonal water service. Seasonal water service shall be supplied primarily from April 15 to November 1, depending on frost conditions and weather. Seasonal water customers are responsible for winterizing their water service line. The department shall only install or remove the seasonal meter and turn water off or on at the curb stop when requested by the owner. Curb stops shall be accessible to the department per this article. (Ord. of 11-4-2002, art. III, § 11) Sec. 38-115. Meter testing fee. (a) A meter test fee shall be charged against the customer's account for those who request that their city owned water meter be removed and tested. The customer shall be informed of this fee prior to the removal of the meter for testing. (b) The customer shall not be charged for a meter test if the meter is found to be registering fast, outside of AWWA standards in all flow test conditions. (c) Notwithstanding this section, residential customers may request a meter test once every five years at no cost to the customer. (Ord. of 11-4-2002, art. III, § 12) CD38:48 Sec. 38-116. Excavations for building water service connections. All excavations for building water service connections shall be adequately guarded with barricades and lights so as to protect the public from hazard. Construction within the city right-of-way shall only be performed when CD38:49 UTILITIES § 38-117 appropriate permits have been obtained. Construction within the state highway right-of-way may require a permit from the state agency of transportation. Every effort shall be made to permit vehicular traffic at all times. (Ord. of 11-4-2002, art. III, § 13) Sec. 38-1167. Water allocation. (a) Ownership of capacity. (1) The city owns the water distribution system and utilizes the CWD- owned water storage system within the city, as defined in this ordinance and CWD policies. The city is obligated to comply with conditions put forth by the state department of environmental conservation drinking water and groundwater supplyprotection division as it relates to water distribution and water storage requirements. (2) The capacity of the city's water distribution and storage system is the property of the city. (2)(3) A property’s water allocation ceases to exist and is removed from the committed reserve design capacity list once the property is connected to the water system. Once connected, the property’s demand (or usage) becomes part of the water system’s average daily demand. Owners of an existing service connection that are proposing a change in use/demand can take the service connection’s average day usage from meter readings and base future usage demands and analysis and proposals on historical water usage plus the proposed requested allocation resulting from the proposed change of use. Typically, the last three years of metered usage will be used to calculate average day usage. (4) Capacity calculations shall include a reserve capacity of 250,000 gallons per day for the City Center service area, which amount may be reduced from time to time upon the granting of final allocations for development within the City Center service area. CD38:50 (3) City Center Service Area Map (b) Reserve capacity allocation. (1) All allocations to projects shall be based on the development water demandsflow calculation. Any differential between actual demands flow once connected and the calculated development water flow requested demands is not available for reallocation for another project or for project expansion. (2) Persons seeking an allocation of from the uncommitted reserve design capacity shall complete and receive the following two (2) approvals from the department. A project shall not become part of the water CD38:51 system’s committed reserve design capacity list until the following approvals have been obtained: apply to the department for a preliminary allocation on an authorized form. a. Ability to serve water determination and;Such application shall be accompanied by a calculation of the development water demand to be generated by the project/ development following Vermont Water Supply Rule requirements; b. Unless waived by the superintendent, all calculations over 1,000 gallons per day (gpd) shall be certified by a state-registered engineerFinal capacity allocation approval. CD38:52 § 38-117 SOUTH BURLINGTON CITY CODE (c) Ability to Serve Water DeterminationPreliminary allocation determination. (1) Applicants shall apply to the department for an ability to serve water determination on the appropriate form. Such application shall: • Be accompanied by a calculation of the development water flow to be generated by the project/development, • All calculations over 1,000 gallons per day (gpd) shall be certified by a Vermont registered Professional Engineer, unless waived by the superintendent. Allocations over 10,000 gpd will also require an ability to serve letter from the CWD wholesale department, • Include payment of preliminary capacity allocation fees if any, as set forth in the rate and fee schedule. • A projection of the time period for completion of the land development project, and if phased over more than one year, a projection as to the number of units to be connected to the water distribution system. (1)(2) Upon receipt of the application for an ability to serve water determination water allocation with supportive documents, the superintendent shall make a preliminary determination regarding allocation of uncommitted reserve capacity. The superintendent ntendent shall issue award an ability to serve water determination preliminary allocation upon making affirmative findings that there is sufficient uncommitted reserve capacity, including the City Center reserve capacity, as of the date of the application to accommodate the development water supply demand for the proposed development without exceeding the water system’s permitted capacity or impacting the current water system users. (2)(3) An ability to serve water preliminary determination by the superintendent superintendent for allocation capacity shall not constitute a binding commitment of capacity to the applicant and may be revoked by the superintendent before a final allocation of capacity is granted if uncommitted reserve capacity ceases to be available. An ability to serve water preliminary determination may be used by the applicant to document that as of the date the ability CD38:53 to serve water determination was obtained, the a proposed development has sufficient water capacity available to proceed through the development review process. (d) Final capacity allocation. (1) An applicant who holds an ability to serve water determination preliminary allocation of capacity may apply for a final applicationcapacity allocation, upon occurrence ofafter having obtained the following: a. Obtained sSite plan, conditional use and/or variance approvals, if such approvals are the only approvals except a zoning permit, required for the proposed development under city zoning and subdivisions regulations then in effect; b. Obtained fFinal approval for a subdivision, planned unit develop- ment or planned residential development if such approvals are the only approvals, except a zoning permit, required for the proposed development under city zoning and subdivision regulations then in effect; c. A zoning permit if that is the only approval Obtained all approvals required under subsections (d)(1)a and b of this section, if such approvals are required for the proposed development under city zoning and subdivision regulations then in effect; or d. Does not require any approvals under city zoning and subdivision regulations then in effect. CD38:54 UTILITIES § 38-147 (2) Upon receipt of an application for a final allocation, the superintendent shall grant a final allocation approval upon determination that the applicant has an ability to serve water determination preliminary allocation which has not been revoked and that there is sufficient uncommitted reserve capacity is available for the develop- ment and that the proposed use . (2) A grant of the water final allocation complies with the allocation priorities and principales and is not in conflict with any other enactment adopted by the city. (3) Final capacity allocation approval shall constitute a binding commitment of water capacity to the applicant subject to the applicant's compliance imposed on such allocation. The final allocation shall specify the allowed volume and any other characteristics determined appropriate by the superintendent. (4) The final capacity allocation is not transferable to any other person or development, except a legally binding successor in interest of the development for which the allocation has been granted. Final capacity allocation shall run with the land and the specific land development plans referenced in the applications and shall be binding upon and inure to the benefit of said lands, their heirs, successors, and assigns until the allocation’s expiration date. (4)(5) Once the final capacity allocation approval has been obtained and the appropriate fees have been paid, the project’s construction of the connection and if necessary, the municipal water extension, may proceed. The construction of the connection and, if necessary, the municipal water extension, must be overseen by a Vermont registered professional engineer to ensure compliance with the plans and specifications and good construction practice in a manner acceptable to the city and in conformance with approved specifications. (e) Expiration of allocation. (1) A preliminary capacity allocation and the associated ability to serve determination shall expire 2 years from the date of allocation, if the applicant has failed to apply for final capacity allocation approval. (1)(2) A final capacity allocation shall expire on the first to occur of the allfollowing eventsdate that any approval required for grant of the final CD38:55 allocation expires, unless prior to such date the the applicant has obtained a zoning permit for the development and initiated the action for which the allocation zoning permit has been granted has commenced drawing water:. • Subsection (e)(1) of this section notwithstanding, for developments which anThe applicant has failed to apply for obtained a portion of the required zoning permit(s) prior to the allocation’s expiration date; • , Any applicable zoning permits have expired; (2)• the remaining portion of the final allocation shall expire five Five years from the date of issuance of the final allocation, unless extended as provided belowthe final allocation is granted, for any development that requires any approval under the city zoning or subdivision regulations, or two years from the date the final allocation is granted, for any development that does not require approval under city zoning or subdivision regulations;. (3)• The applicant may apply to the superintendent to extend the capacity allocation for one a period of either five years or two years respectively (based on the above) from the date of expiration of the final allocation. The superintendent may approve of the requested extension if the project’s proposed use of the water allocation continues to comply with the allocation priorities and principales and is not in conflict with any other enactment adopted by the city. (4)• Upon expiration of the final allocation or any portion thereof, the remaining capacity shall revert to the city and there shall be no refund of fees paid. (f) Project review and approval. The department shall strive to review and approve projects on a first-come, first-served basis. However, the department retains the right to review applications on other than a first-come, first- served basis if the department deems such action is in the city's best interest. (Ord. of 11-4-2002, art. III, § 14) Secs. 38-1178—38-147. Reserved. CD38:56 § 38-148 SOUTH BURLINGTON CITY CODE DIVISION 4. USE OF PUBLIC WATER SUPPLY SYSTEM Sec. 38-148. Primary use. The primary use of the public water supply system shall be for the supply of potable water to all connected users for residential, commercial, institutional, agricultural and industrial consumption and fire protection for structures within the area served by the distribution system. (Ord. of 11-4-2002, art. IV, § 1) Sec. 38-149. Auxiliary use of fire hydrants. (a) Auxiliary use of the public water system, such as using hydrants to fill swimming pools and the like, shall only be permitted when such uses are approved by the department and not in conflict with the primary uses under section 38-148. (b) Flooding ice rinks from hydrants is not permitted as an auxiliary use. (Ord. of 11-4-2002, art. IV, § 2) Sec. 38-150. Hydrant use; permits. (a) Except for hydrant use by fire departments in fighting fires or practicing for firefighting, or department use, all of the hydrants in the city shall require prior approval and issuance of a hydrant use permit. The fee schedule is as set forth in division 8 of this articleby the city council. The applicant shall be responsible for providing the all necessary hoses. The department shall be responsible for attaching and disconnecting hydrant nozzle gate valves, water meters and backflow devices as required. Water drawn from any fire hydrant shall be considered non-potable and therefore not normally used for human consumption without further treatmentrecommended testing. (b) Hydrant permit holders shall be financially responsible for the damage to any hydrant, meter, gate valve, or backflow device, caused by the permit holder or their agent's failure to protect said equipment during use. The hydrant use permit holder shall also be financially responsible for the loss of said equipment and for property damage associated with use of the fire hydrant. CD38:57 (Ord. of 11-4-2002, art. IV, § 3) CD38:58 UTILITIES § 38-153 Sec. 38-151. Water supplyDepartment rights in an emergency. In the event of an emergency, the department shall have the right to: (1) Temporarily cut off the water supply in order to make necessary repairs, connections, etc. While it is the intention to give notice in advance of planned work that may necessitate interruption of the supply, notice is to be considered a courtesy only, and not a requirement on the part of the city. In the case of a break in a pipeline, water may be shut off without notice to perform emergency repairs. (2) Reserve sufficient supply of water at all times in storage tanks to provide for fires or other emergencies, and restrict and regulate the quantity of water used by customers in case of scarcity or whenever the public welfare may require such restriction or regulation. (3) Prescribe any temporary regulations as necessitated by emergency conditions. (4) Deny requests for new connections and uses until sufficient reserve capacity is available. (3)(5) In the event that a break or leak develops on a customer owned service line, the customer shall be responsible for the repair. If the customer refuses or fails to make necessary repairs to a broken or leaking service line within 24 hours, water service shall be terminated until such repairs are made. The water service may be terminated as a result of a break or leak in any service line at any time when it is determined by the superintendent that a significant amount of water is being lost, the potential for property damage exists, or health and safety is threatened. (Ord. of 11-4-2002, art. IV, § 4) Sec. 38-152. City not responsible for injury, loss, or damageLiability. (a) While it is the intention to give reasonable notice in advance of any work which must be done that will necessitate interruption of the supply, such notice is considered a courtesy only, and not a requirement of the department. Failure of a tenant or customer to receive notice of interruption of service shall entail no liability on the part of the department or its employees. Customers should install all appliances and equipment CD38:59 connected with the water system in such a manner that damage will not occur if the water is shut off without notice. (b) The city shall not be liable for any injury, loss or damage of whatever nature occasioned by the failure to maintain a constant uniform pressure within the water mains, leakage of hydrants, pipes, or other appurtenances or for damages occasioned by or growing out of a stoppage of said water by frost or other causes, by any interruption of the supply of water outside of the control of the city except for willful default or negligence on its part, or for damage occasioned by or growing out of an insufficient supply of the same, or for accident or damage of any kind caused by or growing out of the use or failure of said water. (a)(c) The city shall not be liable for any loss, cost of damage or expense to any person and/or property resulting from the use or presence of municipal water service or appurtenance located on the customer’s premises. (b)(d) The city shall not be responsible for damage caused by dirty water, which may be occasioned by the cleaning of pipes, water main breaks, repairs or installations, or the opening and closing of gate valves or hydrants, when said work is done with reasonable care on the part of the department. (Ord. of 11-4-2002, art. IV, §§ 5, 6) Sec. 38-153. Water quality emergency; notification. (a) In case of a water quality emergency, the department, in accordance with ERP Chapter 21 water supply rules, shall notify the consumer immediately. CD38:60 § 38-153 SOUTH BURLINGTON CITY CODE (b) The department is ultimately responsible for water quality to the last tap on the municipal system. The term "last tap" means the last point on the system where water enters into a building and is registered at a city owned water meter. (c) Credit shall not be issued for the minimal use of water that is not fit for consumption by human or animal. (d) Water quality notices shall be lifted only after the requirements of the water supply rule of Chapter 21 have been achieved. (Ord. of 11-4-2002, art. IV, § 7) Sec. 38-154. Exemption from sewer charges as it relates to pool filling and lawn watering. (a) Independent water meters. Any homeowner may request the installa- tion installation of an independent water meter that will be exempt from sewer charges. This city owned water meter may be installed by the SBWD after all criteria are met regarding its installation. After its installation no sewer charge will be assessed to any water used through this meter. The homeowner shall be responsible for all other charges associated with the meter, including minimum billing fees charged to the account whether the meter is active or not. (b) Definition of an independent water meter. For purposes of this policy, the term "independent water meter" means one that measures water that is not discharged into the sanitary sewer system. Possible uses include lawn irrigation system meters, and designated pool filling meters. (c)(b) Criteria for installation of independent meters. All requirements regard- ing water meters as stated in this article shall apply. This city owned water meter shall be installed before the existing domestic water house meter so that no usage recorded through it is also recorded through the house domestic water meter. In addition, each independent residential meter shall have a minimum Watts Series 007dual check backflow prevention device, or approved equal, installed immediately after the independent meter. The line supplied by this meter shall have no connections to any part of the house plumbing or waste system; it shall only supply an outside spigot or irrigation system that was initially part of the applicationapplied for. The owner shall provide access to the SBWD, upon request, to test, replace, fix or inspect the independent meter. Installation of independent meters in other than residential settings shall be at the discretion of the superintendent. CD38:61 (d)(c) Pool filling. Property owners shall be encouraged to fill swimming pools from house spigots and not from hydrants whenever possible. Property owners shall be exempt from sewer charges when installing and filling a new pool or when replacing a liner that requires complete filling of the pool from CD38:62 UTILITIES § 38-154 the tap by. The property owner must notifynotifying the department no less than two working days in advance prior to filling the pool. Upon notification, a department employee will visit the property to determine the size of the pool. The department employee shall use standard pool filling quantity formulas to determine how much water will be needed. That amount shall then be credited from sewer charges at the next billing. This exemption from sewer charges shall not apply to topping off pools, or for leaks. If it is determined that it is not feasible to fill a swimming pool from a house spigot and a nearby hydrant is available for this use, then the property owner may fill from that hydrant, provided: (1) The hydrant shall only be used to fill a new pool or when filling a pool that has had a new liner installed. Topping off a pool from a hydrant shall not be permitted. (2) The department shall be notified no less than two working days prior to the pool filling. (3) The property owner shall be responsible for paying the current fire hydrant user fee in advance in addition to the current water rate for all water that passes through the hydrant meter. (4) The hydrant must be in a location so that the hose line does not cross any roads or drives in order to reach the pool. (5) The property owner shall be responsible for obtaining all hoses necessary to extend from the hydrant to the swimming pool. (6) The pool filling shall only take place between 8:00 a.m. and 2:30 p.m. (7) The property owner shall be responsible for all property damage incurred with the use of the hydrant for pool filling. (8) The department shall not be held responsible for any discolored (rusty) water discharged into the pool. If the above criteria can be met, then the department shall install a hydrant nozzle gate valve, hydrant meter and backflow prevention device with a two-inch male nipple (IPS). to the hydrant. The department shall flush the hydrant until the water appears satisfactory, close the hydrant nozzle gate valve and take a start reading from the hydrant meter. The property owner or pool company representative shall connect all hoses and open the hydrant nozzle gate valve to fill the pool. At the completion of the filling, the property owner or pool company representa- tive shall close the hydrant nozzle gate valve, disconnect the hose, and notify CD38:63 § 38-154 SOUTH BURLINGTON CITY CODE the department that the pool filling is complete. The department shall close the hydrant and take a final reading on the hydrant meter to determine actual usage for the pool filling. The property owner shall then be billed for the amount of water used metered during the pool filling process. (Ord. of 11-4-2002, art. IV, § 8) Sec. 38-155. Maintenance of Pprivate hydrants and fire sprinkler systemsservices. (a) The department maintains a listing on file of so-called private hydrants and fire services. Private water mains, and businesses within the city water distribution system with fire hydrants, or sprinkler services are billed annually. (b) The private hydrant charge is imposed in order to defer costs associ- atedassociated with the routine maintenance and testing costs incurred by the department; similar to a service contract. Costs associated with damages and charges outside of routine maintenance are billed to the private hydrant owner. The fire service charge relates to potential unmetered water use through a fire sprinkler system. (c) The fire service and private hydrant charge shall be established or revised from time to time by resolution of the city council. (Ord. of 11-4-2002, art. IV, § 9) Secs. 38-156—38-178. Reserved. Consent to ordinance. (a) This ordinance shall constitute a part of the contract between each User and the city. Each user of the city’s water distribution system shall be bound by this ordinance and all subsequent changes and amendments thereto. The user’s application for water service or, in the case of existing connected properties, the user’s use of the water distribution system, shall be considered the user’s consent to be bound by this ordinance. (b) Failure to know the information provided within this ordinance will not excuse the user from the consequences of neglect of this ordinance. (c) Whether or not a signed application for water service is made by the customer and accepted by the department, the rendering of service by the department and its use by the customer, shall be deemed a contract between the parties, subject to all provisions applicable to service as stated CD38:64 herein. Secs. 38-157—38-178. Reserved. DIVISION 5. PROTECTION FROM DAMAGE Sec. 38-179. Tampering with public water system prohibitedIntentional damage. (a) No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is part of the public water distribution system. (b) Any person violating subsection (a) of this section shall be subject to immediate arrest under the charge of unlawful mischief as set forth in 13 V.S.A. § 3701. (c) Any person violating this division, on conviction thereof, shall be fined a maximum amount allowed under state statute for each violation. (Ord. of 11-4-2002, art. V, § 1) CD38:65 UTILITIES § 38-184 Sec. 38-180. Repair or replacement costs. Actual repair or replacement costs shall be charged to the owner or operator of any motor vehicle which shall causes such damage to any fire hydrant, blow off, curb stop, or appurtenance. Hydrants, valves, curb stops, and standpipes shall not be tampered with or opened or closed by any person except department employees or authorized persons. (Ord. of 11-4-2002, art. V, § 2) Sec. 38-181. Obstruction of water distribution system prohibitedInterference. No person shall remove, carry off, or in any way, injure, interfere, meddle with any water tank, hydrant, fire plug, standpipe, valve, valve box, valve cover, curb stop, curb box, pipe, tool, apparatus, meter, reader, fixture, building, machinery or fence belonging to the city. No person shall by any means or obstruct access to any curb stop, gate valve, water main, water service, hyranthydrant, valves, curb stops, fire hydrants, or other appurtenances belonging to within the city water distribu- tion system. No fire hydrant shall have access obstructed by placing or permitting snow, debris, landscape plantings, building material, or other obstructions on or about a hydrant. (Ord. of 11-4-2002, art. V, § 3) Sec. 38-182. Contamination of public water supply unlawful. It shall be unlawful to cause or have caused the deliberate or unintentional contamination of publicly owned water mains or the water supply. (Ord. of 11-4-2002, art. V, § 4) Sec. 38-183. Permit required forUnauthorized fire hydrant use. No unauthorized use of any fire hydrant within the city shall be permitted. Any person or firm found to be in violation of this section may not be granted a hydrant permit within the city in the future. Any person or firm found to be in violation of this section shall be charged for a minimum water use fee and the hydrant hook-on fee and all civil or criminal penalties allowed. (Ord. of 11-4-2002, art. V, § 5) Sec. 38-184. Wasteful consumption prohibited. CD38:66 No person shall permit water from the water system to run to waste through any fixture for any purpose that causes wasteful consumption without the prior approval of the superintendent. The department shall restrain and prevent any and all waste of water to that end and may, when necessary, turn off water or take such other action as, in its judgment, appears proper. (Ord. of 11-4-2002, art. V, § 6) CD38:67 § 38-185 SOUTH BURLINGTON CITY CODE Sec. 38-185. ViolationWater Conservation. It shall be a violation of this article for any customer to violate a city conservation notice or order. Upon a finding by the city, CWD, DWGWPD, or the Vermont Department of Health that there exists an actual, potential or anticipated threat to the potability, sufficiency, quality, quantity or integrity of the public water supply system, including its tributaries and sources, the city may direct one or more of the following water conservation measures for all consumers of the water supply: 1) A voluntary conservation request seeking the restriction, curtailment or cessation of non-essential water use, including but not limited to, motor vehicle washing, lawn, garden and landscaping watering, street and exterior building cleaning, filling swimming pools, agricultural irrigation, and industrial processing. 2) A prohibition against watering yards and vegetation, washing motor vehicles and mobile equipment, cleaning outdoor surfaces and buildings, operating ornamental fountains and water-consuming displays and the filling or topping off of swimming pools. This prohibition shall not apply to commercial enterprises or watering of food crop trees. 3) An emergency water conservation notice prohibiting the use of water for any activity specified under subsection (1) hereof, and/or limiting the quantity of water to be used on any premises directly or indirectly connected to the city’s water system. 4) A mandatory water conservation order prohibiting the use of water for any purpose other than to prevent an immediate and serious health hazard. Notice of any water conservation measure adopted herein shall be disseminated immediately through the local media and local electronic sites. In addition, such notice may be served upon the occupants of all commercial and industrial premises connected directly or indirectly to the city’s water distribution system. (Ord. of 11-4-2002, art. V, § 7) CD38:68 Secs. 38-186—38-208. ReservedWaterline mark out. (a) Except in cases of emergency, an owner or permittee shall notify the department at least seven days before the start of any water line work in order to allow ample time for the department to mark out it’s owned buried utilities, if any, in the area of the work. It shall be the responsibility of the owner or permittee to coordinate with all other utilities affected by the work and to provide notification to “Dig Safe” and/or other utility locating services as required by Vermont Law. The department marks out only the locatable water utilities belonging to the city. The department does not mark out telephone, electric, cable TV, or any other pipes, cables or conduits. (b) The department shall not be responsible or held accountable for locating any water lines the city does not own. Service line locating between the curb stop and building shall be at the discretion of the department. Secs. 38-187. Protection from freezing. (c) When, in the opinion of the superintendent, extended cold weather increases the risk of a water main or service line freezing, the superintendent may authorize or request certain users to let water run to minimize such risk. The department shall keep a list of such users. When authorized, the water and sewer bill for that usage period will be adjusted to reflect the amount of water estimated to have been used for the purpose of freeze-up prevention. (d) Water users who have experienced service line freezing may request the superintendent for authorization to let the water run as noted above. (e) No adjustment of billing will be made for water left running to prevent freezing of any pipes other than the water service line. Secs. 38-188—38-208. Reserved. DIVISION 6. POWERS AND AUTHORITY OF INSPECTORS* Sec. 38-209. Inspection by superintendent of properties; powers and authority; disconnection of serviceRight to access. (a) The superintendent and other duly authorized employees of the CD38:69 department bearing proper credentials and identification shall be permitted to enter all properties containing a city owned water meter with fair notice to the building owner, resident or occupant, at a reasonable hour, for the purposes of inspection, meter reading, replacement or repair, observation, measurement, sampling, and testing and maintenance in accordance with the provisions of this article. (b) If a property owner, resident or occupant denies the superintendent or other duly authorized employees of the department access after reasonable notice has been provided to the property owner, resident or occupant, the superintendent may direct disconnection on 48 hours' written notice to the owner, resident or occupant. Once water service has been disconnected, it will not be restored until access has been provided and the department has been paid all applicable charges. (Ord. of 11-4-2002, art. VI, § 1) Sec. 38-210. IndemnificationSafety. While performing the necessary work on private properties referred to in section 38-209, the superintendent or duly authorized employees of the department shall observe all safety rules applicable to the premises established by the owner or tenant, and the owner or tenant shall be held harmless for injury or death to the department employees. The department employees and the department shall indemnify the owner or tenant against liability claims and demands for injury or property damage, except as may be caused by *State law reference—Uniform water and sewer disconnection regulations, 24 V.S.A. § 5141 et seq. CD38:70 UTILITIES § 38-233 negligence or failure of the owner or tenant to maintain safe premises or conditions, including conduct of agents or employees of the owner or agent, as applicable. (Ord. of 11-4-2002, art. VI, § 2) Sec. 38-211. Inspection by superintendent of private properties; entry and subsequent work on easementEntry onto easement properties. The superintendent and other duly authorized employees of the depart- ment bearing proper credentials and identification shall be permitted to enter all private properties through which the city water department holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, calibration and maintenance of any portion of the water works lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the easement pertaining to the private property involved. Failure to allow such access shall be considered a material failure to comply with this ordinance. (Ord. of 11-4-2002, art. VI, § 3) Sec. 38-212. Authority to inquire into any processes affecting safe, potable water. The department shall have the authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other uses beyond the water meter or backflow prevention device that may have a direct bearing on providing safe, potable water to its users. It shall be the duty of every person supplied water by the city to answer inquiries made by the department or its agents in regard to quantity, purposes and manner in which the water is used on the premises to the extent that such use may have a direct bearing on providing safe, potable water to users of the City’s water supply. (Ord. of 11-4-2002, art. VI, § 4) Secs. 38-213—38-232. Reserved. Secs. 38-213—38-232. Reserved. CD38:71 DIVISION 7. PENALTIES Sec. 38-233. Civil penalties; waiver fees. (a) Any violation of this article, except as set forth in section 38-234, may be pursued as a civil violation utilizing the civil ordinance enforcement procedures set forth in 24 V.S.A. § 1974aChapter 59.. Any person who violates a provision of this ordinance or who violates any condition of a permit issued hereunder shall be subject to a civil penalty of up to $800 per day for each day that such violation continues. Any law enforcement officer or the director of public works, city engineer, or water department superintendent may act as an issuing municipal Official and issue and pursue before the judicial bureau a municipal complaint for any violation of any provisions of this ordinance. (b) Each day a violation continues shall be considered a new violation. (c) An issuing municipal official is authorized to recover civil penalties in the following amounts for each violation: CD38:72 § 38-233 SOUTH BURLINGTON CITY CODE Civil Penalties - Water System First offense $2050.00 Second offense $40075.00 Third offense $60150.00 Fourth offense and subsequent offenses $8300.00 Fifth offense and subsequent offenses $500.00 Offenses shall be counted on a calendar-year basis. (d) In such civil proceedings, an issuing municipal official is authorized to recover a waiver fee, in lieu of civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: Waiver Fees - Water System First offense $1020.00 Second offense $2040.00 Third offense $3080.00 Fourth offense and subsequent offenses $40160.00 Fifth offense and subsequent offenses $350.00 Offenses shall be counted on a calendar-year basis. (Ord. of 11-4-2002, art. VII, § 1) Sec. 38-234. Violations. Any violation of the sections set forth below may be pursued as a criminal violation utilizing the criminal ordinance enforcement procedure set forth in 24 V.S.A. § 1974: (1) Sections 38-75 and 38-76. (2) Sections 38-104, 38-111 and 38-113. (3) Section 38-150. (4) Section 38-182. (Ord. of 11-4-2002, art. VII, § 2) Sec. 38-2354. City has right to institute civil action. In addition to the enforcement authority set forth above, the city shall have the right to institute civil action which it deems appropriate to obtain injunctive or monetary relief. (Ord. of 11-4-2002, art. VII, § 3) CD38:73 UTILITIES § 38-267 Sec. 38-236235. Notice of violation; correction. The department shall, when in its discretion time allows, provide any person found to be violating any provision of this article with written notice stating the nature of the violation and providing a reasonable time period for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, correct the violation. (Ord. of 11-4-2002, art. VII, § 4) Secs. 38-237236—38-265. Reserved. DIVISION 8. RATES AND FEES Sec. 38-266. Authority to establish rates. (a) The city council shall have the authority to establish rates, including service initiation fees, allocation fees, fire suppression fees, water turn on/off fees, connection fees, hydrant use fees, user fees, turn-on/shut-off fees, remote reading fee, and other similar fees to defray the costs of planning, design, construction, operation and maintenance of the system. (b) The rates shall be established by resolution at an open meeting of the city council and are shown in the adopted rate and fee schedule. (Ord. of 11-4-2002, art. VIII, § 1) Sec. 38-267. Service application, connection and initiationNew Connection fee. (a) All new users shall pay an allocation and service connection fee after at the time of submittal of the application for water serviceability to serve water determination and final water capacity allocation approvals have been obtained, but prior to construction to connect to the water system. (a)(b) An applicant having a development project involving a single use or unit shall pay one hundred percent (100%) of all connection fees after final allocation approval and before any connection is made to the water distribution system. An applicant having a development project involving multiple dwellings shall pay a connection fee and water allocation fee at the time of request for a water meter. (b)(c) The water service application connection fee is a two-part one- CD38:74 time charge implemented to defray the costs of administering and monitoring the new connection. fee comprised of a service connection fee and a water service initiation fee. (c)(d) The service connection fee defrays the city's water system’s past, current and future costs, both direct and indirect, of providing potable water and water for fire protection to the customer. (d)(e) The water service initiationallocation fee covers defrays the city’s costs of replacement of existing infrastructure and construction of new infrastructure required to increase the system’s capacity. Other infrastructure assessment fees may be added to recover system investments as authorized by the city council.tapping the water main based on time and material. (e)(f) See rate and fee information in section 38-50. (Ord. of 11-4-2002, art. VIII, § 2) CD38:75 § 38-268 SOUTH BURLINGTON CITY CODE Sec. 38-268. Hydrant use fees. (a) In conjunction with the approved use of any hydrant within the city water distribution system A hydrant use fee shall be paid by all users (not including the fire department while fighting or practicing the fighting of fires) for use of any hydrant within the city's distribution system at the time of submittal for the application forapplicants shall pay a hydrant use fee to the department. (b) The hydrant fee schedule is on file in the city clerk's office. (c) In addition to payment of the hydrant use fee, the applicant shall be responsible for payment of normal userusage fees for all water taken from the hydrant, either as measured at the meter or a minimum or determined usage charge, whichever is applicable. (d) All hydrant use must be completed during normal department working hours so as to allow adequate time for shut down and retrieval of the meter. (e) Hydrant use in excess of the standard one-day period may be approved by the superintendent if such use is determined not to be in conflict with any provision of this article. (f) Any outstanding balance due for water charges from a requesting individual or firmperson shall be paid in full prior to connecting a hydrant meter to any hydrant within the city. (Ord. of 11-4-2002, art. VIII, § 3) Sec. 38-269. Water usageMinimum customer fees. A user fee shall be paid by all users of the department city water system that include a base rate and usage fee based upon the multiplied product of their metered water usage, and a minimum water rate per 1,000 cubic feet as set by the city council, except as set forth in subsection (1) or (2) of this section, and as shown in the rate and fee schedule on file in the city clerk's office: (1) There shall be a minimum water usage fee for each individual account, the equivalent of 1,000a minimum usage quantity in cubic feet per billing cycle, which shall be set by the city council. a. The minimum use fee includes: • Capital costs, variable costs, and costs of service: those expenses directly associated with serving customers, CD38:76 irrespective of the amount of water used, that include meter reading, billing, accounting and collecting of expenses, maintenance and capital costs related to meters, services, and system investments. These costs also include fire protection costs for hydrant maintenance, water supply and use of hydrants for fire protection afforded to all usersreflects the fact that all users of the system receive some level of fire protection in addition to the benefit of potable water use. This charge is also based in part of the significant portion of water system expenses that are independent of actual customer usage. a.• Also included are costs for the operation and maintenance expenses associated with water systems, including supply, treatment, distribution, and demand. b. This fee is payable whether or not water is physically turned on or off to the facility at the meter during part or all of the billing CD38:77 UTILITIES § 38-271 period, provided the service connection is physically connected to the main line. Water service termination at the curb stop needs to be arranged with the department in order to not be responsible for at least thea minimum quarterly bill. No abatement of water rates will be allowed by reason of disuse, diminished use, or vacancy of premises without proper notice to the department, and the termination of water at the curb stop. (2) Any account that has been finalized between regular billing cycle readings shall be billed for the larger of: the actual metered usage, the estimated usage, or the minimum charge for the billing period, when 30 days or more have occurred since the last reading. For readings less than 30 days apart, no water usage charge shall be applied, unless actual usage is 1,000 cubic feet or moregreater than the minimum usage quantity established by council. (2)(3) In the event that a water meter has been misread to records, or otherwise records the consumption of an amount of water which is different than the actual amount of water consumed, the department shall recover the monies due for the actual amount of water consumed. The department shall correct any errors made by the department immediately upon detection, and adjustment shall be made accordingly upon the authority of the city manager. The department shall keep a record of any adjustment for the correction of errors. In the event of overcharging, a refund shall be paid to the customer who paid the bill. If the current customer who was not the customer at the time the overcharging/undercharging was made, the city manager shall cause such adjustment as necessary for fairness and equity. (Ord. of 11-4-2002, art. VIII, § 4) Sec. 38-270. Shut-off and turn-on feesFees for turning water on/off. (a) There shall be water shut-off and turn-on fees as determined by the city council for turning on and shutting off water at the curb stop or fire sprinkler valve. (b) These fees shall be charged in all cases, except when it is determined that there is an emergency problem with the service connection between the city owned water main and water meter. curb stop and the main line or a problem with the meter or meter connection fittings. (c) Fees for services associated with delinquency disconnects shall be the CD38:78 maximum allowed under 24 V.S.A. ch. 129, Uniform Water and Sewer Disconnect. (d) The owner of the property is responsible for all problems between the city owned curb stop (not including the curb stopdefined herein) and the building water meter with exception of the city owned water meter itself, which is the department's responsibility. (e) When multiple service calls are required for a single repair, each call shall be billed individually. (f) These fees are shown in the rate and fee schedule on file in the city clerk's office. (Ord. of 11-4-2002, art. VIII, § 5) Sec. 38-271. Sinking fundExcess revenue. Excess revenues may be placed into: (a) a sinking fund, accessible for use in paying off existing water system debt, or (b) Into a capital reserve fund which can be used to pay the cost of improvements toon the water system related construction improvements, or debt retirement. The city council may create one or more dedicated funds under Vermont statues annotated to finance major rehabilitation, major maintenance and costs of upgrading the city’s water distribution system, and for the accumulation of funds to be used to match federal funds pursuant to said statutes. The fund balance of such a dedicated fund shall not exceed the estimated costs of the purposes for which the fund was established and shall be maintained in deposits insured by the United States of America or an agency of the United States. Withdrawals shall be made only for the purposes for which the fund was established. The dedicated fund shall meet the requirements set out for eligibility in the state’s revolving loan fund, as applicable. (Ord. of 11-4-2002, art. VIII, § 6) CD38:79 § 38-272 SOUTH BURLINGTON CITY CODE Sec. 38-272. Water charge invoice; delinquencyBilling cycles. (a) Water charges will be invoiced quarterly to residential and commercial accounts. Water charges shall be payable on or before the 30th day following the date of the invoice or a later date as shown on the invoice. In the event that such charge is not paid when due, interest of 1 percent shall be imposed by the department per month after the first 30 days of delinquency and monthly thereafter until the invoice is paid. If any account shall remain delinquent, the department may also take action that is consistent with the provisions of 24 V.S.A. ch. 129, Uniform Water and Sewer Disconnect, as presently constituted and as amended from time to time, to obtain payment of delinquent charges or to discontinue water service. Such charges shall be a lien upon the real estate as provided in 24 V.S.A. § 3306 and 32 V.S.A. § 5061. (b) New water connections made during a billing period shall be billed on the following basis: The billing shall include a base rate and will be the larger of the actual metered billing, the estimated usage, or the minimum charge for the billing period. (Ord. of 11-4-2002, art. VIII, § 7) State law reference—Uniform water and sewer disconnection regulations, 24 V.S.A. § 5141 et seq. Sec. 38-273. Applicants responsible for payment of billsWater charges. (a) In consideration of water service supplied by the departmentcity, all applicants agree to be responsible for payment of all bills rendered for all water used by the applicantowner, customer their tenants, successors in tenancy or in ownership, and all other operations at the specified location, unless and until proper notice is given to the department of termination of service on a specific date. The applicant shall agree to abide by all rules and regulations established by the department, consistent with enforcement of the provisions of this article. (b) All water charges will be billed to the owner of record of the facility served, unless waived by the department. Upon written request, the department may provide billing to the owner of record water bills for all tenants within the facility provided each tenant has an individual metertenant within the facility of record. Although another person may pay the service rate, the owner of the premises shall be held responsible for such fees. In the event the tenant fails to pay all charges on a timely basis, the landlord will be solely responsible for all future and delinquent charges. CD38:80 Each time a bad check is received for payment of a CD38:81 UTILITIES § 38-278 water bill the account shall be charged that amount as listed in the rate and fee schedule on file in the city clerk's office in addition to any other penalties. It shall be the responsibility of the Owner to notify the department of any change in ownership of the property. Failure to receive a bill caused by others does not relieve the customer of the obligation for payment or payments of penalties for late payment. (c) There will be a fee for interim or final bills requested due to a change of owners or tenants as listed in the rate and fee schedule on file in the city clerk's office. This fee is in addition to any charges owed for metered water. (Ord. of 11-4-2002, art. VIII, § 8) Sec. 38-274. Fire Ssprinkler line annual feesystems. Each structure served by a fire suppression system (sprinklers) shall pay an annual fee for each sprinkler line serving a building based upon fees established by the city council.ed by the public water main. The fee is shown in the rate and fee schedule on file in the city clerk's office. (Ord. of 11-4-2002, art. VIII, § 9) Sec. 38-275. Rate and fee schedule review. The rates and fees referred to in section 38-50 may be reviewed and updated by the city council on an as-needed basis. (Ord. of 11-4-2002, art. VIII, § 10) Sec. 38-276. Residential and serviceCWD water application fee. The department residential and commercial service application fee shall be assessed to each building that has applied for a tap to a CWD-owned transmission main, in addition to any connection charges levied by the CWD. In addition, all other rates and fees shall apply according to this article. (Ord. of 11-4-2002, art. VIII, § 11) Sec. 38-277. Final water readings. In the case of new construction, the department shall read the water meter at the time of closing. The department shall read the water meter for real estate transfers when requested by either party for their real estate closing. This reading shall be used as the final reading and will include new property owner information as required by the department. for real estate transfers involving the new premises, when the information is requested by either party for their real estate closing. (Ord. of 11-4-2002, art. VIII, § 12) CD38:82 Sec. 38-278. Lien priorityCurb stop operation fee. A customer may request that the department operate the curb stop instead of the cellar stop when performing meter maintenance and upgrades, and disconnections. Such request shall be made in writing and be valid through the end of the then-current calendar year. Any customer that requests such curb stop operation shall pay a fee as determined by the city council, per occurrence. Sec. 38-279. Lien priority. By accepting water service from the city, the customer, theirhis transferees, successors, and assignees, together with any record lien holders of customer, agree that a lien applied by the department city shall have priority over all liens, except real estate tax liens. A change of tenants or owners will not relieve the premises from such lien. (Ord. of 11-4-2002, art. VIII, § 13) Sec. 38-280. Abatement. For good cause shown, the city manager may abate any bill and/or fees charged herein. The manager, or their designated agent, will review in private session with the person requesting abatement that person’s need for abatement. The manager may abate any bill and/or fees by decision in writing because of financial hardship and inability to pay only or may set up an installment payment schedule. In the event of a default in the installment payment schedule, water service may be terminated upon the terms and conditions provided herein. CD38:83 § 38-279 SOUTH BURLINGTON CITY CODE Secs. 38-28179—38-304. Reserved. DIVISION 9. DISCONNECTION POLICY* Sec. 38-305. Purpose. This water service disconnection policy outlines the water department's conditions of termination and pertinent regulations and allows for the disconnection of water or sewer services, or both, as a delinquency collection procedure for water or sewer delinquencies. (Ord. of 11-4-2002, art. IX) Under the uniform water and disconnect, 24 V.S.A., Chapter 129, water accounts which are not paid within thirty (30) days of the bill’s receipt or postmark date, whichever is greater in time, become delinquent and may be disconnected. Disconnections are subject to certain restrictions as specified in the Vermont Statutes. Before disconnection can occur, the customer must be given notice of delinquency and advised of the possibility of having its service interrupted. The notice must meet the requirements stipulated in 24 V.S.A, Chapter 129. (Ord. of 11-4-2002, art. IX) Sec. 38-306. Reconnections requested outside normal working hours. It is the policy of the department that reconnections requested outside normal working hours shall only be made in special circumstances and in compliance with 24 V.S.A. § 5141 et seq., as determined by the superintendent or the city manager. (Ord. of 11-4-2002, art. IX) Sec. 38-307. Reconnection rates. Water that is disconnected pursuant to 24 V.S.A. ch. 129 shall be reconnected at the following rates: Reconnection Rates CD38:84 Collection trips (trip maximum, regardless of number) $25.00 Reconnection: Normal hours (7:00 a.m. to 3:30 p.m.) $25.00 Overtime (after 3:30 p.m., weekends, holidays) $37.50 (Ord. of 11-4-2002, art. IX) Secs. 38-308—38-319. Reserved. *State law reference—Uniform water and sewer disconnection regulations, 24 V.S.A. § 5141 et seq. Water Ordinance Proposed Updates to the South Burlington Water Ordinance May 20, 2024 City Water Ordinance •First Established in 1978 •Most Recently Updated in 2002 •Staff have been tracking changes for 20 years •Updates to Ordinance first presented to council in April •Many updates were minor changes to language, clarifications, technical update or corrections, and modernizing the ordinance •More significant changes highlighted in this presentation Overview of Significant Changes •Water Service Area •Booster Pump Policy •Water Meter Policy •City Center Service Area •Expanded Fee Structure Water Service Area As previously presented: •New buildings in mapped service area must connect, unless exempt •No new connections allowed outside the mapped service area •Establishes clear interpretations of Vermont Act 47 Booster Pump Policy •State regulations require that the City provide 35 psi at critical water tank operating levels •In areas where 35 psi cannot be provided, booster pumps shall not be used to increase pressure to meet standard •Individual Booster Pump Station prohibited without written approval by VT DEC Water Meter Policy •Cost of installation paid by property owner •City takes over ownership of meter •Automatic Meter Reading •South Burlington is nearly finished updating all water meters to remote readers and radio read meters. •Fee assessed to properties that require manual meter reading •Water meters to be installed according to City Standards •Accurate size water meter required, based on use •Added language for temporary meters during construction City Center Service Area •Added City Center Service Area Map •Reserve capacity of 250,000 gallons per day set aside for City Center Service Area •Establishing a reserve capacity is necessary for our “New Town Center” Designation Updated Rates & Fees •Civil Penalties and Waiver Fees made to be consistent with the fees for other City ordinance violations: Updated Rates & Fees •Added language to better define Allocation Fee •User Fee section updated to allow council the option of establishing a Base Rate and Usage Fee •Proposed changes to the ordinance do not impose a base rate. •The language added provides Council with the option of establishing a Base Rate in the future. •The Base Rate can be adjusted via resolution, but will remain $0.00 until established by Council. •Billing is currently done on a Usage Fee only. •City Council can now set a minimum water use quantity in the rate and fee schedule (currently 1,000 cf) •Currently 41% of customers use less than 1,000 cf of water per billing quarter Next Steps •Timeline: •First Reading: Tonight's meeting can serve as the first reading. Council is requested to review the draft, provide feedback or direction to staff, and if applicable make a motion to hold a second reading and public hearing. •Second Reading: The City must hold a second reading and public hearing. If the Council wishes to move the proposed amendments to a second reading and public hearing, this will be scheduled for a future City Council meeting. During this time the draft ordinance will be posted for viewing and notice published. 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV • • • South Burlington Sextons Annual Report for 2024 Donna Kinville, Chair Peter Taylor, Vice Chair John Simson* Jason Kirchick* * Thanks to Maureen O’Brien and Chris Thrane for their service. SB Sextons: Appointed Members (Summer 2023):•Donna Kinville•Peter Taylor•John Simson•Jason Kirchick SB Cemetery Commission: SB Cemetery Commission (De Facto): •Tim Barritt •Andrew Chalnick •Elizabeth Fitzgerald •Michael Scanlan •Laurie Smith A sexton is an officer … charged with the maintenance of … the surrounding graveyard. Origin of the name: Derive from the Medieval Latin word sacristanus meaning "custodian of sacred objects". "Sexton" represents the popular development of the word via the Old French "Segrestein". https://en.wikipedia.org/wiki/Sexton_(office) The town selectboard has control and oversight over the town’s public burial grounds unless the town has voted to elect cemetery commissioners. 18 V.S.A. § 5367. Digging Deep; Revised October 2017. Published by Vermont Secretary of State Jim Condos https://www.sec.state.vt.us/media/886632/digging -deep-2017.pdf Become an Advisory Committee With the limited references in state statue defining the roles of Sextons vs. Cemetery Commission, we are asking to become an advisory committee for the City. This will help us more clearly understand our roles as sextons. We see the role of an advisory committee to be: To advise and assist the Cemetery Commission (City Council) and City Employees with the operation, restoration, maintenance and preservation of South Burlington Cemeterie The City of South Burlington shall be responsible for the cost of regular maintenance and any improvements approved by the Cemetery Commission Partially completed and still in plans to complete Completed 0 1 2 3 4 5 6 Park Benches - part of strategic planning? Rules and regulations/deed Improve Fencing Calibrate lot prices with neighboring municipalities Formal plots map & inventory Shelburne Rd Brush Clearing Headstone cleaning & repair Sonar cemeteries Timeline of projects Long Term projects (most already in progress) Comparison of lot prices to our neighboring municipalities We did a comparison of South Burlington’s lot sizes verses other neighboring municipalities and found that: 1)Our lot size is consistent with other municipalities with a lot size of 3 ½ feet by 10 feet. 2)Our lot prices could be raised. The Sexton’s recommend an increase in the lot price from $400 up to $500 for residents and $600 up to $700 for non-residents. In comparison, Burlington is $700 for residents and $1,200 for non-residents and Essex’s website shows $600. All neighboring munipalities were very close in their lot prices. Therefore, we proposed back in 2022 that South Burlington’s lot prices be approved to the following and hope to get approval tonight to increase the fees: Residents: $500.00 Non-Residents: $700.00 1) To become an advisory committee to the City. 2) Approve fee increase for lot sales. 3) Allocate up to $1,000 for the cleaning and repair of stones in Eldredge cemetery to be completed by early fall. 4) Consider increasing the number of sextons to 5. What we hope to accomplish tonight In order to complete future projects, we will need to come back to ask in the future for the following: •To allocate money to do a formal plat map of each cemetery and anaylsis of how to maximize the number of plots per cemetery. •To do an inventory of those who are buried in the cemeteries and those plots which are sold and currently unoccupied. •To approve the Rules and Regulations which includes the deed to each plot. •To incorporate the cemeteries into City’s stragic plan. April 17, 2024 Jessie Baker South Burlington City Manager 575 Dorset Street South Burlington, VT 05403 Dear Jessie: According to the bylaws of the Chittenden County Regional Planning Commission, the term of the representatives and alternates will be for two years beginning July 1. Communities whose beginning letter falls between L-Z shall appoint a representative in odd numbered fiscal years (FY25). We are requesting that you have your legislative body take action to appoint/reappoint a representative and an alternate to the following three committees for a term of two years beginning July 1, 2024 through June 30, 2026. 1.CCRPC Board of Representatives 2.CCRPC Transportation Advisory Committee 3.CCRPC Clean Water Advisory Committee The CCRPC strives for diversity and equity in our representation, and we encourage municipalities to consider CCRPC Board and committee members and alternates who represent our increasingly diverse populations. We ask that you complete the included appointment form and submit it via email to evaughn@ccrpcvt.org by May 31, 2024. Thank you for your assistance in this matter. Sincerely, Emma Vaughn Communications Manager Attachment cc: Current CCRPC Board Representative: Chris Shaw Current CCRPC Board Alternate: Meaghan Emery Tim Barritt, Chair, South Burlington City Council 110 West Canal Street, Suite 202 Winooski, VT 05404-2109 802-846-4490 www.ccrpcvt.org 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV • • • • 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV • • To: ŵŵĂsĂƵŐŚŶ͕ŽŵŵƵŶŝĐĂƚŝŽŶƐDĂŶĂŐĞƌ͕Chittenden County Regional Planning Commission This will inform you that at our meeting of ______________________________ we voted to appoint the following as our representatives to the three committees below for a term of two years commencing July 1, 202ϰand ending June 30, 202ϲ: 1.Board of Directors Representative:Name:____________________________ Address:_______________________________ Address Cont.:____________________________________________________________ Home Phone:_________________________ Work Phone:_________________________ Email:___________________________________________________________________ Alternate Representative: Name:____________________________ Address:_______________________________ Address Cont.:____________________________________________________________ Home Phone:_________________________ Work Phone:_________________________ Email:___________________________________________________________________ 2. Transportation Advisory Committee Representative:Name:____________________________ Address:_______________________________ Address Cont.:____________________________________________________________ Home Phone:_________________________ Work Phone:_________________________ Email:___________________________________________________________________ Alternate Representative: Name:____________________________ Address:_______________________________ Address Cont.:____________________________________________________________ Home Phone:_________________________ Work Phone:_________________________ Email:___________________________________________________________________ 3. Clean Water Advisory Committee Representative:Name:____________________________ Address:_______________________________ Address Cont.:____________________________________________________________ Home Phone:_________________________ Work Phone:_________________________ Email:___________________________________________________________________ Alternate Representative: Name:____________________________ Address:_______________________________ Address Cont.:____________________________________________________________ Home Phone:_________________________ Work Phone:_________________________ Email:___________________________________________________________________ ________________________________ Municipality the South Burlington City Council on May 20, 2024 Chris Shaw Address and phone on file with CCRPC jshaw@5226@aol.com Tom DiPietro 104 Landfill Road South Burlington, VT 05403 802-658-7961 tdipietro@southburlingtonvt.gov Erica Quallen 104 Landfill Road South Burlington, VT 05403 802-658-7961 equallen@southburlingtonvt.gov Dave Wheeler 104 Landfill Road South Burlington, VT 05403 802-658-7961 Marisa Rorabaugh 104 Landfill Road South Burlington, VT 05403 802-658-7961 MRorabaugh@southburlingtonvt.gov Sincerely, ________________________________ Signature __________Mike Scanlan, Council Chair______________________ Name and Title South Burlington 180 Market St South Burlington, VT 05403 802-846-4105 May 20, 2024 The following 2024 First and Third Class Licenses were approved by the South Burlington Liquor Control Board after review by the City tax, fire and police departments: NAME DESCRIPTION Higher Ground First Class Club License and Third Class Restaurant/Bar License Zachary’s Pizza – South Burlington First Class Restaurant/Bar License SOUTH BURLINGTON LIQUOR CONTROL BOARD _______ ______ Mike Scanlan Laurie Smith ______ _______ Tim Barritt Elizabeth Fitzgerald _______ Andrew Chalnick