The URL can be used to link to this page

Home My WebLink AboutMinutes - City Council - 02/19/2019 CITY COUNCIL 19 FEBRUARY 2019 The South Burlington City Council held a regular meeting on Tuesday, 19 February 2019, at 6:30 p.m. in the Conference Room, City Hall, 575 Dorset Street. Members Present: H. Riehle, Chair; M. Emery, T. Barritt, D. Kaufman Also Present: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; A. Bolduc, A. Lafferty, City Attorneys; S. Dory, Finance Officer; R. Smith, J. Quinn, D. Marshall, D. Kerwin, T. McGinley, R. & J. Morway, B. Britt, C. Frank, D. Farr 1. Instructions on exiting building in case of emergency: Mr. Dorn provided instructions on emergency evacuation of the building. 2. Agenda Review: Additions, deletions or changes in order of agenda items: Mr. Dorn asked to add to Other Business the scheduling of the organizational meeting following the March election Ms. Emery asked revisit the requested letter of support relating to the Brattleboro incident. 3. Possible executive session to receive legal advice from the City Attorney relating to possible legal claims involving the city: Mr. Barritt moved that the Council make a specific finding that premature general public knowledge of confidential attorney-client communications made for the purpose of providing professional legal services to the Council regarding possible legal challenges to proposed charter amendments to which the public body may be a party would clearly place the Council and the city at a substantial disadvantage. Ms. Emery seconded. Motion passed 4-0. Mr. Barritt then moved that having so found, the Council enter into executive session for the purpose of discussing the matter identified in the previous motion and to invite Messrs. Dorn, Hubbard and Bolduc to join the session. Ms. Emery seconded. Motion passed 4-0. The Council entered executive session at 6:42 p.m. and resumed open session at 7:01 p.m. 4. Comments and Questions from the public not related to the agenda: No issues were raised. 5. Announcements and City Manager’s Report: Council members reported on meetings and events they had attended in recent weeks. Ms. Riehle reported on three specific meetings, the first with the Superintendent of Schools and city attorneys regarding issues and challenges with stormwater resolution. The second meeting involved the Winooski City Manager and Mayor of Burlington regarding a proposed “internal survey” in Burlington regarding regionalization of the Airport. Ms. Riehle doubted there would be support for this. The Mayor did seem amenable to finding better ways for South Burlington and Winooski to be involved in some airport decisions. The third meeting was with Linda McGinnis regarding the cost analysis piece of Interim Zoning. A recent UVM study could be the basis for the IZ study. Mr. Dorn said he would reach out to UVM and Smart Growth Collaborative for advice. Mr. Dorn: Reached out to Col. Smith of VTANG. The Colonel and his environmental team will attend the 18 March City Council meeting. It is hoped that someone from the State can attend that night as well. Met with the regional dispatch team for an update. The consultant has been replaced with someone from the same company Met with Mr. Conner, Mr. Rabidoux and Mr. Hubbard with people from Bike Share. They are discussing electric bikes and scooters and will meet with the Bike-Ped Committee soon. The next Council meeting will be a joint meeting with the School Board at the Tuttle Middle School regarding budget presentations to the public. Mr. Barritt noted that he had heard a report on VPR of the need for regionalization for EMS services to outlying communities who cannot find the personnel to meet this need. 6. Report from Councilors on Committee Assignments: Ms. Riehle: Channel 17 will be asking the Legislature for a study on how to have public access when the money from Comcast is not there. Comcast income has gone down because people are using systems other than cable. Ms. Emery: The IZ Open Space Committee is putting together categories for assessing the value of land. They meet again on 19 February, 7 p.m. Mr. Barritt: The IZ TDR Committee has decided to produce a fact sheet and maps of where TDRs could go in the future. 7. Consent Agenda: A. Approve and Sign Disbursement B. Approve Minutes for 7 January 2019 and 28 January 2019 Mr. Kaufman moved to approve the Consent Agenda as presented. Ms. Emery seconded. Motion passed 4-0 8. Presentation of FY18 Audit: Mr. Smith said the financial condition of the city has improved by $40,000, which results in about enough money to run the city for 15 days in case of a funding emergency. Mr. Smith noted that the Recreation Fund continues to be “in the hole.” It is being monitored, and there are opportunities to correct this situation. The TIF situation is well within compliance. Mr. Smith noted the need for some “best practices” with purchase orders and also the need for more connection so the city gets paid (by the State) in a more timely manner. Mr. Smith noted a question of the amount being carried forward from year to year by the Public Works Department. He felt there could be better budgeting: if a project gets delayed, there should be a better process to address that. The same is true for Stormwater. Mr. Hubbard said that Mr. Rabidoux had explained that they got more efficiencies over a 2-year period. The intention is to get things done on a yearly basis. Ms. Emery asked about previous payroll issues. Mr. Smith said that problem was mostly resolved in 2018 9. Consider and possibly adopt rules and procedures for performing development review under the Interim Bylaws: Ms. Lafferty said these rules and procedures are required by law. She also noted two corrections in the document. Ms. Lafferty suggested the Council have a written decision draft before they make a decision. She noted that the DRB closes a hearing and then issues its decision within 45 days (required by law). The Council Chair can determine whether a site visit is needed. This can depend on the nature of an application and would be to see the existing conditions and how a proposal would fit and look. This should be done before a hearing is closed. Ms. Lafferty said the purpose of the public hearing is to give the applicant the opportunity to present the application and for the City Council to ask question and hear public comment. The Council must take into consideration the criteria enumerated in the IZ bylaw (e.g., Is this something that will fit going forward?). Ms. Lafferty noted that the standards of review are different for the DRB and City Council. The DRB looks at compliance with the Land Development Regulations (LDRs); the Council looks at whether the project is acceptable in light of IZ. Both bodies must approve the application for it to get a zoning permit. Mr. Barritt moved to adopt the rules and procedures with the amendments presented. Mr. Kaufman seconded. Motion passed 4-0. 10. Interim Bylaws: a. Public Hearing on proposed amendment to the Interim Bylaws to include approximately 15.4 additional acres of land in the Exempt Areas to which Interim Bylaws do not apply Ms. Emery moved to open the public hearing. Mr. Barritt seconded. Motion passed 4-0. It was noted that the amendment adds 2 parcels to the exempt lands. These were identified on a map provided to Council members. There was no public comment. Ms. Emery moved to close the public hearing. b. Possible Action to adopt proposed amendment to the Interim Bylaw: Mr. Barritt moved to approve the amendment to the Interim Bylaw to include approximately 15.4 additional acres of land in the Exempt Areas to which the Interim Bylaw does not apply. Mr. Kaufman seconded. Motion passed 4-0. c. Consider and possible approve appointment of public member to the TDR Interim Bylaw Committee: Ms. Riehle reminded members that Monica Ostby asked to become a member (as opposed to an alternate) of the Committee. There is also an application from Kelly Lynn Lord who has been attending all meetings. Mr. Barritt noted that Ms. Lord has sold her land but retained the development rights. Ms. Emery moved to appoint Monica Ostby and Kelly Lynn Lord to the Interim Zoning TDR Committee. Mr. Barritt seconded. Motion passed 4-0. d. Interim Zoning application #IZ-19-01 of Donald and Lois Kerwin to subdivide a 2.0 acre parcel developed with a single family dwelling into four lots ranging in size from 0.27 acres to 1.18 acres, and to construct a single family dwelling on each of the resulting undeveloped lots, 1420 Hinesburg Road: Mr. Marshall said that this is an “infill project,” and there is not much in the area in the way of natural resources. He showed the plan and identified the parcel of interest. He also showed where the three new lots would be. They would all have access on Highland Terrace. Mr. Marshall drew attention to the provided narrative indicating that this project has minimal impact. Mr. Kaufman noted 2 letters from neighbors stating concerns and objections. Mr. Kaufman said he didn’t understand the issues mentioned. Mr. Marshall said the letters come from residents north and south of the project. They are concerned with impact on their property. Mr. Marshall said nothing is being done right next to their properties, and the concerns are those which would be hashed out by the DRB. All the lots would use municipal sewer, which will create paying customers for that utility. Mr. Kerwin will hook onto the sewer system and abandon his private system. The three new lots will have driveways coming into Highland Terrace, avoiding access on Hinesburg Road. All the homes will be served by private wells. The state of Vermont deals with water supply issues and has attested that the application will not have an adverse impact on other residents. Mr. Kaufman asked if there would be any street lights. Mr. Marshall said there will not. Ms. Riehle suggested the Council get input from the Planning Commission as to whether this project will undermine their PUD revision plans. Mr. Kerwin noted that in the last 2 summers there have been 7 homes built on Highland Terrace, similar to what this project would do. He showed the location of the 7 homes. Mr. Barritt noted there is no sidewalk on Highland Terrace and suggested there may be time when residents petition for one. Mr. Barritt agreed to attend the next Planning Commission meeting to get their input regarding the PUD issue. Members felt they would have no objections if the Planning Commission has none. Ms. Emery then moved to continue IZ-19-01 to 7 March 2019. Mr. Kaufman seconded. Motion passed 4-0. 11. Report from Bike and Pedestrian Committee: Mr. Britt stressed that the Committee support the city’s Comprehensive Plan to make the city safe for bicycles and pedestrians and to reduce energy consumption. Safety is their first goal. Mr. Britt noted that pedestrian fatalities are up 35% in the U.S., and he cited the recent fatality on North Avenue in the City of Burlington. To address safety issues, the Committee made the following recommendations: a. The rectangular rapid flashing beacons should have 2 lights in each direction b. For a 2-way street, two lights should be mounted on each pole to face both directions c. Use funds from “Penny for Paths” to address this fix – the estimated cost is $50,000‐$60,000. d. Install a crossing light at Swift/Spear similar to the ones at Swift/Dorset. (Mr. Kaufman noted the “no right turn” sign at that corner should be up higher for better visibility). The “no right turn” light on Swift heading east should remain ON. e. There should be another “no right turn on red” on Spear Street heading north at the Swift/Spear intersection. f. Crosswalk and fog line striping should be done before June 1 each year. g. 3-5% of the paving budget should be for Rec Path and Sidewalk paving. Photos of streets with issues were shown. h. There should be a solid barrier separating the bike path from Dorset St. traffic (a photo was shown of the area where this is a safety concern with driving going onto the rec path. i. Support new rec paths. Mr. Britt then outlined the projects that the Committee is working on this year: a. Crosswalk projects on Williston Rd. between Hinesburg Road and Kennedy Drive b. A crosswalk at Kennedy Drive a West Twin Oaks c. Crosswalks on Hinesburg Road between Williston Rd. and Kennedy Drive at three locations (these were shown on the map). Ms. Emery said she didn’t understand the crosswalk locations which are not at intersections as these are not cleared in the winter. It was noted that crosswalk in front of the Gazebo was created at the request of residents. a. A sidewalk project on the west side of Airport Parkway to Berard Drive with bike lanes on either side of the road b. A sidewalk on the Spear St. jug handle through UVM property. Mr. Hubbard noted that the city wants to align the impact fee ordinances with the CIP. Messrs. Rabidoux and Conner are working on this. This would allow the adding of more projects. It was noted that SD Ireland is completing the road and bike path connecting South Village to Midland Avenue and to the Dorset Farms neighborhood. 12. Ordinance Amendments: a. First Reading to consider proposed Parking Ordinance and proposed Motor Vehicle and Traffic Ordinance b. Potentially schedule a public hearing for 18 March 2019 for second reading of Ordinance and Proposed Parking Ordinance and proposed Motor Vehicle and Traffic Ordinance: Ms. Lafferty noted that the Parking and Motor Vehicle and Traffic Ordinances have been amended many times over the years in piecemeal fashion. They have different levels of enforcement by different bodies. This would adopt each ordinance as a replacement for the old one. Mr. Kaufman moved to schedule a second reading and public hearing for the Proposed Parking Ordinance and proposed Motor Vehicle and Traffic Ordinance on 18 March 2019. Mr. Barritt seconded. Motion passed 4-0. 13. January Financials: Mr. Hubbard reminded members that they had been sent midyear department head narratives. At 60% through the fiscal year, the city is in good shape. The Highway Department is over budget because the accrual is not in yet. They will continue to try to fill potholes until summer. 14. Liquor Control Board: a. Mill Market Deli – Second Class License b. Target Store #T‐3306 – Second Class License c. Walgreen’s #11526 (Farrell Street) – Second Class License Mr. Barritt moved the Council convene as Liquor Control Board. Mr. Kaufman seconded. Motion passed 4-0. Mr. Kaufman moved to approve the second class licenses for Mill Market Deli, Target Store #T‐3306 and Walgreen’s #11526 as presented. Ms. Emery seconded. Motion passed 4-0. Mr. Barritt moved to reconvene as City Council. Mr. Kaufman seconded. Motion passed 4-0. 15. Other Business: a. Items Held from Consent Agenda b. Other No items were held from the Consent Agenda. Members agreed to hold the Reorganization meeting on 7 March, 7 p.m. Ms. Riehle asked if members still want a retreat. Members agreed to make that decision after the upcoming election. Ms. Emery noted that a Legislative study group is working on issues related to the Brattleboro racial situation. States Attorney Donovan has said this is difficult because of First Amendment issues. Ms. Riehle said she will provide the language given by Monica Ostby to the 7 March meeting and member can decide then whether or not to issue a letter of support. Members agreed to add this to the 7 March agenda. As there was no further business to come before the Council, Mr. Barritt moved to adjourn. Mr. Kaufman seconded. Motion passed unanimously. The meeting was adjourned at 10:15 p.m. ________________________________ Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. South Burlington Water Dept. Accounts Payable Check Register Date: 02/20/19 Date Check No. Paid To Memo Amount Paid 2/20/2019 3515 Continental Utility Solutions, Inc. 18,360.00 Date Voucher Number Reference Voucher Total Amount Paid 10/31/2018 VI-14757 U23632 18,360.00 18,360.00 2/20/2019 3516 Champlain Water District 52,241.15 Date Voucher Number Reference Voucher Total Amount Paid 1/31/2019 VI-14751 SBWD-346 52,241.15 52,241.15 2/20/2019 3517 Office Essentials 401.00 Date Voucher Number Reference Voucher Total Amount Paid 2/11/2019 VI-14752 35881 360.14 360.14 2/1/2019 VI-14755 35851 40.86 40.86 2/20/2019 3518 Reprographics 67.50 Date Voucher Number Reference Voucher Total Amount Paid 1/30/2019 VI-14753 108647 67.50 67.50 2/20/2019 3519 City Of South Burlington 310,488.74 Date Voucher Number Reference Voucher Total Amount Paid 2/1/2019 VI-14749 JANUARY 310,488.74 310,488.74 2/20/2019 3520 City Of South Burlington 277,270.08 Date Voucher Number Reference Voucher Total Amount Paid 2/1/2019 VI-14750 JANUARY 277,270.08 277,270.08 2/20/2019 3521 Ti-Sales Inc. 1,114.68 Date Voucher Number Reference Voucher Total Amount Paid 2/5/2019 VI-14754 INV0101224 1,114.68 1,114.68 Total Amount Paid: 659,943.15 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: February 14, 2019 Page 1 of 1 CITY COUNCIL 7 JANUARY 2019 The South Burlington City Council held a regular meeting on Monday, 7 January 2019, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: H. Riehle, Chair; M. Emery, T. Barritt, T. Chittenden, D. Kaufman Also Present: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; A. Bolduc, City Attorney; D. Kinville, City Clerk; Chief S. Burke, Police Department; Chief T. Francis, Fire Department; P. Conner, Director of Planning & Zoning; I. Blanchard, Project Manager; S. Dory, Finance Officer; J. Rabidoux, Public Works Director; HJ. Reese, Recreation Director; C. Holm, Community Engagement; J. Murray, Librarian; S. Moore, Human Resources Director; F. Davis, L. McGinnis, other members of the Energy Committee 1. Instructions on exiting building in case of emergency: Mr. Dorn provided instructions on emergency evacuation of the building. 2. Agenda Review: Additions, deletions or changes in order of agenda items: No changes were made to the Agenda. 3. Comments and Questions from the public not related to the agenda: No issues were raised. 4. Announcements and City Manager’s Report: Council members reported on meetings and events they had attended in recent weeks. Mr. Dorn: Interim Zoning committees begin work tomorrow night involving a joint meeting with the Council and Planning Commission. The City Charter Committee meets Wednesday regarding a local option tax proposal. There will be a meeting tomorrow with Joe Esty regarding the unified dispatch program. There will be a meeting with the Snyder-Braverman people to see how City Center developments are going. On Thursday, Mr. Dorn and Ms. Blanchard will meet with a potential roof-top solar vendor. The Community Collaborative group met last week regarding mental health issues. There will be a “check-in” with the Community Health Council tomorrow. CITY COUNCIL 7 JANUARY 2019 PAGE 2 Mr. Dorn met with Linda McGinnis regarding energy efficiency and she was very positive about the city’s plan. Lou Bresee will join the team as Energy Director, 15 hours a week. A former Planning Department person has been hired to do Lou’s prior job of digitizing records. SSBA will hold its minter meeting on 15 January. The Rotary Honors Night will be held on 24 January, 5:30 p.m., at Trader Duke’s. Sarah Belavance and the Police Department’s K9 “Rushcanine officer” were featured in a Free Press article. 5. Consent Agenda: a. Approve and Sign Disbursement b. Review and resolve to file no objection to classification of project proposed at 7 Fayette Dr. as a de minimis modification of telecommunications facility under 30 V.S.A. Section 248a Mr. Barritt questioned whether there are other facilities present at the Fayette Drive site. Mr. Bolduc said Ms. Lafferty did a thorough study and said the project qualifies as a de minimis. Ms. Emery moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Motion passed unanimously. 6. Consider and possibly approve warning a public hearing for the Tuesday, January 22nd City Council Meeting to hear from the public on matters relating to a $525,000 Community Development program grant to support construction of the Allard Square Building: Mr. Dorn explained that this was a routine matter to comply with federal regulations. The city has received the funds and transmitted them to the Allard Square people. Ms. Emery moved to warn a public hearing for 22 January at 7 p.m. to hear from the public on matters related to the $525,000 Community Development program grant to support construction of the Allard Square Building. Mr. Chittenden seconded. Motion passed unanimously. 7. Consider and possibly approve warning two public hearings to consider charter amendments for a January 28, 2019 special Council meeting at 7 p.m. and February 4, 2019 regular Council meeting at 7:30 p.m. (NOTE: Council discussion of the actual CITY COUNCIL 7 JANUARY 2019 PAGE 3 charter change proposal will occur at a special meeting of the Council on Monday, 14 January 2019): Mr. Kaufman expressed concern that the 2 projects are tied together when one has a sound financial base and the other does not. Mr. Chittenden said he does not support the meetings because the City Charter Committee has not yet met. He said he is also not convinced about an 8% sales tax. He is OK with the 8% Rooms & Meals Tax because Burlington has already done this. Ms. Emery said she is also not decided but feels that there should be a public hearing about it. Mr. Kaufman said he has the same concerns as Mr. Chittenden but agrees with Ms. Emery about hearing from the public. Mr. Barritt said he understands Mr. Chittenden’s position but would like a good discussion. People he talked to were not overly rejecting of the added sales tax. Ms. Emery moved to warn two public hearings to consider charter amendments on January 28th at 7 p.m. and February 4th at 7:30 p.m. Mr. Kaufman seconded. Motion passed 4-1 with Mr. Chittenden opposing. 8. Interview and possible appointment to the Dog Park Committee: The Council interviewed Frank Davis for possible appointment to the Dog Park Committee. It was noted that two other people have expressed interest in serving on that Committee but have not yet submitted applications. Members agreed to delay making an appointment until the other possible candidates have had a chance to apply. 9. FY20 Budget Discussion with Department Managers and Staff: Mr. Hubbard noted the proposed budget results in a 2.84% tax rate increase. The General Fund budget is proposed at $24,500,000. With $16,000,000 to be raised by taxes. New positions being funded in the proposed budget include: a. 2 new firefighters (Mr. Hubbard noted this will decrease the amount spent on overtime and will also put less stress on firefighters b. IT support/succession for Al Reed who will be retiring in a year or so c. Additional staff hours at the Library CITY COUNCIL 7 JANUARY 2019 PAGE 4 d. $40,000 for a 1/3 to ½ time position for an Energy Coordinator. Part of this funding will come from the stewardship fund and part from Special Projects in the Planning Department budget. There is a 6% health care increase and a 6% pension increase. Workers Compensation is at 5.5% (set by the State). Mr. Hubbard noted that no contracts have yet been approved for the bargaining units. Funding for the Winooski Valley Park District is up a little. Green Mountain Transit is up $10,000. CCTV will potentially double to $10,000. Mr. Hubbard stressed that this is just a presentation of the General Fund budget proposal. The Enterprise accounts will be heard on next Monday’s agenda. The proposed tax increase will result in a $49/year increase for the average home owner and $34/year for the average condo owner. This does not include the extra 1 cent for paths approved by the voters. Department Managers then presented their budget information as follows: Community Engagement: Ms. Holm noted that some salaries had been moved to this account. Major budget elements include branding/outreach (including a portion of the SOBU Life Magazine and banners), Web Site contact, electronic communications to residents, and the digitizing of all records in Laser Fiche. Community Library: Ms. Murray said the major budget increase is for additional personnel hours to accommodate the increased Library traffic. They are now seeing 2,000 people per month and 163 more computer log-ins. It is no longer safe to have just 2 people there. City Clerk: Ms. Kinville noted that budget fluctuations from year to year result from the number of elections in those years. 2019 will have only one election, but 2020 will have at least 3. The proposed budget includes an increase in pay for election workers. All workers will now receive minimum wage, and the presiding officers will receive $15.00 an hour. Ms. Kinville noted that worker’s’ salaries had not been increased since before she became City Clerk. CITY COUNCIL 7 JANUARY 2019 PAGE 5 Police Department: Chief Burke said the proposed budget includes a significant increase in fitness which more accurately reflects expenses. There are also increases in uniforms and supplies and munitions. Community outreach is reflected in its own line item now. There is also a subscription to IHMS, a physical therapy groups for body maintenance (how officers wear equipment, etc.). In-service training will be provided for officers up for promotion and also crisis negotiation training. The records management system will also see an increase. Human Resources: Ms. Moore said the Electronic SDS (Safety Data Sheets) Library will help to keep employees safe. The Department is “going green” with payroll. All benefits vendors will be merged together and managed by ADP for more efficiency. There is an on-line training portal which includes a learning management system, applicants’ tracking system, and on-boarding portal for new hires. Public Works: Mr. Rabidoux noted a $20,000 increase in winter salt (reflective of actual cost and an increase in cost). There is also $40,000 for a garage bay expansion (a CIP project). About $50,000 worth of ash trees will be removed as part of a 7-year program to replant them with other species due to the Emerald Ash Bore infestation. Some of the work will be done in-house. The Facilities Stewardship Fund has been reduced to help support the new Energy Manager position. Recreation and Parks: Ms. Reese noted that dues and subscriptions are up to cover all staff. Training and travel are also up to allow 3 people to attend the State conference and 2 people to attend the national conference. There will be no gate fee at Red Rocks again this year. (Council members asked for an update on what has been done regarding park management and upkeep). Revenue increases are a result of an increase in adult courses and SOBU night out (vendors, sponsorships, etc.). Fire Department: CITY COUNCIL 7 JANUARY 2019 PAGE 6 Chief Francis said 2018 was the busiest year ever with 3700 calls. The Department is addressing the overtime issue with 2 new Firefighters. The Chief noted that December was a very hard month on his staff, including 5 attempted suicides. Time off is very important for people dealing with these incidents. The Chief also noted a change in the type of training required by the State including fire, specialized rescue, EMS and training for events where weapons are involved. That special training cannot be done during the regular work day because of the high volume of calls. The budget also includes uniforms for the increased staff, maintenance of Air Packs and radios (which are now off warranty), recruiting and testing, and fitness equipment. (Mr. Dorn thanked the people at Trader Dukes for donating 6 pieces of excellent fitness equipment.) Chief Francis noted that Engine #2 is now paid off. With regard to maintenance of other vehicles, the Chief noted that road hazards have taken a toll on wheels, which are very expensive to replace. The ambulance service saw 2100 transports to the hospital in 2018. 46% of those were 65 years of age or older, and 62% of those needed some sort of advanced care. The Chief noted there will be some changes coming with regard to Medicare and Medicaid services. These are still an unknown. Planning & Zoning: Mr. Conner said they are projecting a flat budget for next year. He explained the Laser Fiche project and noted that they are one of the companies doing data depository. What is proposed for the coming budget is step one of multiple steps which will ultimately involve human resources, assessors, etc. Ms. Emery said she would like to see an update on who people are and where they work. She also asked about legal expenses. Mr. Hubbard noted the savings resulting from the hiring of a second City Attorney, reducing the need to go out of house for many legal services. Mr. Dorn then updated the Council on action related to the Energy Committee request and noted staff has come up with a way to meet the expectation of the energy plan. Funds from the landfill solar project will be used for energy conservation projects. These will be off the ground by March 1. Ms. McGinnis thanked staff for acting so fast to put together a proposal and said this will be a great investment for the city. CITY COUNCIL 7 JANUARY 2019 PAGE 7 10. Consider and possibly approve FY20 Proposed General Fund Budget: Mr. Chittenden moved to approve the FY 20 proposed General Fund Budget as presented. Mr. Kaufman seconded. Members agreed to delay action on the motion until the Enterprise Fund budgets are presented on 14 January. 11. Councilor reports on Committee assignments: No reports were presented. 12. Other Business: a. Items Held from Consent Agenda b. Other No other business was presented. As there was no further business to come before the Council, Mr. Barritt moved to adjourn. Mr. Chittenden seconded. Motion passed unanimously. The meeting was adjourned at 9:55 p.m. ________________________________ Clerk SPECIAL CITY COUNCIL 28 JANUARY 2019 The South Burlington City Council held a special meeting on Monday, 28 January 2019, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: M. Emery, Acting Chair; T. Barritt, T. Chittenden, D. Kaufman Also Present: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; A Bolduc, City Attorney; 1. Instructions on exiting building in case of emergency: Mr. Dorn provided instructions on emergency evacuation of the building. 2. Consider entering Executive Session to receive legal advice on matters relating to collective bargaining and contracts: Mr. Barritt moved that the Council make a specific finding that premature general public knowledge of labor relations agreements with employees, collective bargaining; and, confidential attorney-client communications made for the purpose of providing professional legal services to the Council would clearly place the Council and the city at a substantial disadvantage. Mr. Chittenden seconded. Motion passed 4-0. Mr. Barritt then moved that having so found, the Council enter into executive session for the purpose of discussing the matters identified in the previous motion and to include Messrs. Dorn, Hubbard, and Bolduc in the executive session. Mr. Chittenden seconded. Motion passed 4-0. The Council entered executive session at 6:36 p.m. and resumed open session at 7:05 p.m. 3. Agenda Review: Additions, deletions or changes in order of agenda items: Ms. Emery asked to include in Other Business a follow-up to the request to increase the legal age for buying tobacco. 4. Convene Public Hearing to receive comments related to proposed charter amendments to be presented to South Burlington voters for consideration during the City Annual meeting scheduled for Tuesday, 5 March 2019: Mr. Kaufman moved to open the public hearing. Mr. Barritt seconded. Motion passed 3-1 with Mr. Chittenden opposing. Mr. Chittenden indicated his opposition to portions of the Charter amendments as the reason for his negative vote. Ms. Emery reviewed the history of the amendments, noting that there are currently 3 projects that could be funded by the additional local options taxes: an indoor recreation center, an arts center, and a pedestrian bridge over Route I-89. She also noted that the School Board will also be looking to address needs that would be funded by the property tax. In an effort not to SPECIAL CITY COUNCIL 28 JANUARY 2019 PAGE 2 overburden taxpayers, and because the proposed projects would benefit the community and areas outside the community, the Council has considered the added local option taxes. Ms. Emery noted that the charter change came from the City Charter Committee. The city has also come forward with a tax on short-term car rentals. One-half percent is thought to be a reasonable rate. The money from this tax would be used for highway infrastructure. Ms. Emery noted that if the voters pass these amendments, the Legislature will have to give its approval, and there is no guarantee that it would be passed or passed in this session. Mr. Kaufman stressed that the ballot item is just to get a feeling about public opinion. There is a long way to go before anything happens. Mr. Kaufman also noted that the Legislature is very reluctant to give up its taxing power to local communities. Mr. Chittenden asked if the City Charter Committee proposed the language. Mr. Dorn said staff did, but the Committee made significant changes. In addition, the Economic Development Committee endorsed all but the local option taxes. Mr. Chittenden said the idea of an arts center is so new it wasn’t included in Vince Bolduc’s survey. Mr. Chittenden felt the right place for such a center is Memorial Auditorium in Burlington. Mr. Kaufman stressed that the projects are not a package. Each one would be voted on by the public individually. He personally felt the arts center should proceed as the skating arenas did with private financing and the facility then given to the city. Mr. Barritt reviewed what the city budget covers and how the CIP works to address major needs such as fire trucks. In addition, there are worthy projects such as those being proposed for which there are no designated funding sources, and the question is how to pay for them. A local option tax is a way to do this. Mr. Barritt also noted that the city would not get the full amount of the tax as the state claims 30% of it. He also noted that the City of Burlington already has the extra 1% on rooms and meals. Mr. Barritt was concerned that the turnout for March elections is smaller than elections held in November, and there might not be a fair representation of public opinion. He also stressed that each project would have to be approved by the voters and would have its own price tag. Mr. Chittenden said he supports the added rooms/meals tax but not the added sales tax. Ms. Emery said that initially she opposed the local option tax, but then the Council heard from legislators that other communities are doing this. She also felt that the case was made for the 3 proposed projects and how they would benefit not only the city but the whole region. There is SPECIAL CITY COUNCIL 28 JANURY 2018 PAGE 3 no indoor recreation space in South Burlington. The Flynn Center has been an economic boon to Burlington. The pedestrian bridge will help people traveling by bicycle. In the long run, these projects will lead to economic development and improve the quality of life. Mr. Chittenden asked whether a project that arose unexpectedly could be covered under these proposals. Mr. Bolduc said that would be a Council decision. A member of the audience said she would be more in support of the taxes if they drove tourism. South Burlington will be hurt by Higher Ground leaving. She also felt an arena would benefit South Burlington. Mr. Kaufman noted the skating rinks bring a lot of business to the city, and an arts center would do that as well. There was no further public comment. Mr. Kaufman moved to close the public hearing. Mr. Barritt seconded. Motion passed 4-0. 5. Comments and Questions from the public not related to the agenda: No issues were raised. 6. Consent Agenda: A. Approve and Sign Disbursement Mr. Chittenden moved to approve the Consent Agenda as presented. Mr. Kaufman seconded. Motion passed 4-0. 7. Other Business: a. Items Held from Consent Agenda b. Other No items were held from the consent agenda. Ms. Emery noted that Alex McHenry had asked the city to put to the voters a non-binding referendum to encourage the Legislature to increase the age for purchasing tobacco products. The Council did vote in September to approve doing this. Mr. Dorn asked the City Attorney if there is time to get this on the ballot. Mr. Bolduc said there is not. Ms. Emery said the Council could advocate for this at the Legislative Breakfast. Mr. Chittenden suggested sending a letter to the city’s legislators. Mr. Dorn said he would try to work something up. SPECIAL CITY COUNCIL 28 JANUARY 2019 PAGE 4 Both Mr. Chittenden and Mr. Barritt thanked the Public Works Department for their efforts to fill in potholes. Mr. Kaufman noted the recent weather has been wreaking havoc on the roads, and the city will have to figure out how to manage this. As there was no further business to come before the Council, Mr. Chittenden moved to adjourn. Mr. Barritt seconded. Motion passed 4-0. The meeting was adjourned at 8:01 p.m. ________________________________ Clerk 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington City Council Kevin Dorn, City Manager FROM: Amanda S. E. Lafferty, Deputy City Attorney SUBJECT: Proposed City Council Rules of Procedure for Performing Development Review DATE: February 19, 2019 When performing development review of applications under the Interim Bylaws, the City Council is an “appropriate municipal panel” under the Vermont Planning and Development Act. An appropriate municipal panel is required to adopt rules of procedure. The proposed City Council Rules of Procedure for Performing Development Review are attached. Recommendation Staff recommends that the Council consider and discuss the proposed City Council Rules of Procedure for Performing Development Review, make any desired changes and adopt the City Council Rules of Procedure for Performing Development Review. Page 1 SOUTH BURLINGTON CITY COUNCIL Rules of Procedure for Performing Development Review Section I: Authority. The City Council of the City of South Burlington hereby adopts the following rules of procedure for performing development review (hereinafter referred to as these Rules) in accordance with 24 V.S.A. §§ 4415, 4461, 4464 and 1 V.S.A. § 312. Section II: Policy. These Rules are adopted to ensure consistent and fair treatment of applicants, interested persons, and other participants, orderly and efficient development review and public proceedings, and compliance with state and federal law, so that the public trust in municipal government will be preserved. Section III: Definitions. A. Words, terms and phrases specifically defined in the City of South Burlington Conflict of Interest and Ethics Policy for Elected and Appointed Officials, as revised from time to time, shall have the same meaning in these Rules unless another meaning is clearly indicated. B. "Council" means the City Council. C. "Council member" means a member of the City Council. D. “Deliberative session" means a private session of the Council to weigh, examine, and discuss the reasons for and against an act or decision, from which the public is excluded. A deliberative session does not require prior public notice or the taking of minutes and shall not include the taking of evidence or the arguments of parties. By motion and affirmative vote of a majority, the Council may enter deliberative session during a hearing to consider a matter before it. E. "Executive session" means a session of a public body from which the public is excluded, pursuant to 1 V.S.A. § 313. The Council may hold an executive session only after motion and affirmative vote of a majority during the course of an open meeting and only to consider the matters permitted by State law. The Council may not take binding action in executive session. F. "Public deliberations" means the weighing, examining, and discussing, in a public proceeding, the reasons for and against an act or decision, but expressly excludes the taking of evidence and the arguments of parties. Page 2 Section IV: Regular Officers. A. The Chair shall preside at all hearings and deliberations and decide all points of order or procedure. The Chair may administer oaths and may request the attendance of witnesses and the production of material germane to any issue under consideration. B. The Vice Chair shall assume the duties of the Chair whenever the Chair is absent, or at the Chair's request. The Clerk shall assume such duties whenever the Chair and the Vice Chair are absent, or at their request. C. It shall be the duty of all Council members to review the minutes and other official records of Council hearings and actions, and correct and ratify these when appropriate and necessary. D. The Clerk shall take minutes of all meetings, unless delegated to staff. Section V: Regular and Special Meetings. A. A quorum shall consist of a majority of the entire Council. B. Council members may attend and participate in a hearing by electronic or other available means without being physically present at the meeting location as long as such Council members can hear the conduct of the hearing and be heard throughout the hearing. 1. Each Council member who attends a hearing by electronic or other means shall identify him or herself when the meeting is convened. 2. Any vote of the Council that is not unanimous shall be taken by roll call. C. All hearings shall be open to the public, conducted as described in these Rules, unless the Council has entered either deliberative or executive session. D. The Chair shall rule on all questions of order or procedure and shall enforce these Rules pursuant to 1 V.S.A. § 312(h). Section VI: Public Hearings and Order of Business. Public hearings shall be conducted as quasi-judicial proceedings. Notice of public hearings shall be given in accordance with 24 V.S.A. § 4464(a), as amended. The Chair shall conduct the hearing in the following manner: A. Open the hearing by reading the warning of the hearing. B. Review the order of events, remind all present that the proceeding will be conducted in an orderly manner, and make copies of these Rules available. C. Request disclosure of conflicts of interest, including any ex parte communications. D. Review the definition of interested persons in 24 V.S.A. § 4465(b). Page 3 E. Explain that, pursuant to 24 V.S.A. § 4471(a), only an interested person who has participated in this proceeding may take an appeal of any decision issued on this matter. F. Ask all who believe they meet the definition of interested person to identify themselves and to provide contact information. The Council will not determine party status. As these Rules do not differentiate between persons with interested person status and those without, anyone seeking to participate in a proceeding may do so, subject to these Rules and those established by the Chair. Members of the public who are not interested persons may offer comment on an application, after recognition by the Chair. The Chair shall limit such public comment to three (3) minutes per speaker, unless by consent of a majority of the Council, the Council establishes a different time limit for that hearing. The Council shall apply consistent time limits per recognized speaker. G. Direct the applicant or his/her representative and all interested persons to step forward and take the following oath: I hereby swear that the evidence I give in the cause under consideration shall be the whole truth and nothing but the truth so help me God (or, under the pains and penalties of perjury). H. Accept written information presented to the Council. I. Invite the applicant or applicant's representative to present such application or proposal. J. Invite Council members to ask questions of the applicant or applicant's representative. K. Invite interested persons and members of the public to present their information or arguments regarding the application or proposal. L. Invite the applicant or applicant's representative to respond to information presented by others. M. Invite more questions or comments from Council members. N. Invite more questions from interested persons and members of the public. O. Allow final comments or questions from the applicant or applicant’s representative and/or from Council members. P. Upon motion and affirmative vote of a majority, the Chair shall either adjourn the hearing to a date and time certain, or end the proceeding by stating that the hearing on the matter is closed. Section VII: Site Visits. Site visits shall be open to the public, but shall not include the taking of evidence, the arguments of parties or any other ex parte communications. Site visits shall be held pursuant to the following conditions: Page 4 A. If, prior to a hearing, the Chair determines that a site visit will be necessary, the site visit shall be scheduled immediately prior to a public hearing. Public notice of such site visits shall be given in accordance with 24 V.S.A. § 4464(a). B. If necessary, the Council may recess a hearing to conduct a site visit at a property which is the subject of an application before the Council. C. If necessary, the Council may adjourn a hearing to a date and time certain to conduct a site visit at a property which is the subject of an application before the Council. D. The minutes of the proceeding shall reflect that the Council held a site visit, who attended the site visit, and the nature and duration of the site visit. Section VIII: Service List. Staff shall create a list of all individuals who participated in a hearing. The list shall include all those who offered, through oral or written testimony, evidence, comment and/or a statement of concern related to the matter that is the subject of the hearing. All decisions of the Council shall be mailed to those on the list. The list shall include: A. The names of those who participated in the proceedings. B. The nature and content of each such person’s participation. C. The mailing address of each of these persons. Section IX: Decisions. Council members who have not heard all testimony and reviewed all evidence submitted for a particular matter shall not participate in that proceeding or the decision on that matter. Absent Council members may participate if they have reviewed the video tapes or the audio tape(s) of the proceedings, and any evidence submitted. The following rules shall apply to voting on decisions: A. The Council need not adopt a written decision at or during an open meeting if such decision will be available for public inspection and copying. B. Motions shall be made in the affirmative. C. The Chair has the same voting rights as all Council members and may make motions. D. A motion and a second shall be required for a motion to have the floor. E. Each Council member who may participate in a decision and is present for the vote is expected to vote unless s/he has recused her or himself. Page 5 F. Abstentions are strongly discouraged and shall not count towards either the affirmative vote of a majority or the negative vote of the minority. G. For a motion to pass, it must receive the concurrence of a majority of the entire Council, regardless of how many Council members are present. See 1 V.S.A. § 172; 24 V.S.A. § 4461(a). H. The Council shall issue a written decision within 45 days of the close of the public hearing on a matter. Section X: Amendments. These Rules may be amended at any regular or special meeting by an affirmative vote of a majority, provided that each Council member has been presented with a written copy of the proposed amendment(s) at least 24 hours before the meeting at which the vote is taken. Adopted by the City Council on the 19th day of February 2019. _____________________________________________ Helen Riehle, Chair, City Council 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington City Council Kevin Dorn, City Manager FROM: Amanda S. E. Lafferty, Deputy City Attorney SUBJECT: Proposed Amendments to the Interim Zoning map of the Interim Bylaws DATE: February 19, 2019 The purpose of the public hearing is to consider and take public comments on a proposed amendment to the Interim Bylaws. Specifically, the proposal is to amend the Interim Zoning map to include approximately 15.4 additional acres of land in the Exempt Areas to which the Interim Bylaws do not apply. The proposed Interim Bylaws will affect two parcels of land depicted in pink highlight on the enclosed draft Interim Zoning map and described as follows: A. A lot of land consisting of 15 acres located on the westerly side of Hinesburg Road, known and designated as 1731 Hinesburg Road B. A lot of land consisting of approximately .37 acre located on the easterly side of Hinesburg Road almost directly across Hinesburg Road from the 15-acre lot, known and designated as 1650 Hinesburg Road 575 Dorset Street South Burlington, VT 05403 tel 802.846.4131 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington City Council Kevin Dorn, City Manager FROM: Paul Conner, AICP, Director of Planning & Zoning SUBJECT: Public Hearing Interim Zoning Application #IZ-19-01 (1420 Hinesburg Road) DATE: February 19, 2019 City Council meeting Donald and Lois Kerwin are requesting approval from the City Council to undertake a 4-lot subdivision at 1420 Hinesburg Road. This 2.0 acre lot is presently developed with a single family home on its own well and septic system. The request is to create three new singly family house lots that would face on to Highland Terrace and would be connected to City water & sewer lines along that street. Enclosed with your packet are the following materials: • Completed application form and applicant narrative • Site Plan showing the proposed 4-lot subdivision • Accompanying applicant narrative letter Also enclosed is a letter to City Council from neighbor Linda Farley. Staff deemed the application complete on January 24, 2019. Public notices were sent out in compliance with State Law. February 6, 2019 South Burlington City Council 575 Dorset Street South Burlington, VT 05403 Re: Interim Zoning Application#IZ-19-01, Donald and Lois Kerwin 1420 Hinesburg Road, South Burlington, Vermont To Whom it May Concern: Last week I drove by my neighbor's house and noticed a posting on a tree that said 'Notice of Development'. Because I was not informed by the Kerwins of their intent, I contacted Paul Connor in the Planning and Zoning Office for further information and instructions on how to declare my objection to the above proposed building project. I also observed the above notice in the South Burlington Other Paper. I still have not as of the date of this letter, received any notice from the Kerwins. I have lived at 1416 Hinesburg Road since 1985 and have enjoyed my home, yard, pool and privacy until 2017 when the lot to the north of me was sold to a developer who constructed one additional house on Hinesburg Road and two more on Highland Terrace. My only objection to that project was that the existing tree line remain so that I could still enjoy my privacy. I was informed that there were no plans to removed said trees and so I had no objection. But, with the sub-division of three lots on Highland Terrace and three future residences to be built, my privacy would be invaded. I would request that the Council consider that at least an 8 foot fence be erected or mature trees at that height be planted along the property line of the new houses so I may continue to maintain my present privacy and enjoyment of my home and yard. Respectfully, Linda F. Farley 1416 Hinesburg Road South Burlington, VT 05403 864-6959 South Burlington Bike & Pedestrian Committee 1.Support the City’s 2016 Comprehensive Plan vision that calls for a “bicycle and pedestrian-friendly [City], with [a] safe transportation infrastructure” and “emphasizing sustainability… [by] reducing energy consumption city-wide...” 2.Oversee the general safety and operation of the city’s many recreational paths and other infrastructure devoted to alternate transportation including recreational paths, bicycle lanes, sidewalks, crosswalks and field & forest trails 3.Advise the City Council of operational needs and future development plans for the path network Mission Safety is Job #1 •The Committee continues to work to close the gaps in our bicycle and pedestrian infrastructure to make such travel safer. •The Committee has provided the DPW with a priority listing of roads that are in need of fog line stripping in priority order •The Committee has recently started providing the DPW with listings of recreation path maintenance needs including locations of the path system needing repaving, crack filler, brush & tree overgrowth clearing and pothole & tree root repair. •It is also providing locations of malfunctioning RRFBs and crosswalks needing painting •The Committee is working with the Planning Dept. on Street Type Standards Bicycle & Pedestrian Committee (SBBPC) Safety and Policy Recommendations for City Council Adoption #1 – Warning Lights Should Face All Directions on Every RRFB Pole •Rectangular Rapid Flashing Beacons (RRFBs) are more effective if they have warning lights that face all directions of approaching traffic •For a two-way street, two lights mounted on each pole to face both directions •Cost to update existing RRFBs between $50,000 and $60,000 •Use Penny for Path funds to fix this safety issue #2 – Pedestrian Controlled Crossing Lights at Swift and Spear •Install a crossing light similar to the ones that are at the intersection of Swift and Dorset •While the crossing light is lit “white” to cross, traffic in all directions including “Right on Red” should stop. •2018 CCRPC scoping study found that "...it would not harm the [vehicle] wait time measurably to put a pedestrian controlled crossing light on the southbound side of Spear at the intersection." #2 – Pedestrian Controlled Crossing Lights at Swift and Spear •The “Do Not Turn (Right)” light on Swift Street heading eastbound should remain on. •Another “Do Not Turn (Right)” light should be installed on Spear Street heading northbound. #3 – Crosswalk and fog (white) line striping should be painted by no later than June 1st of each year. •Paint in spring so ready for the busy summer bicycle and pedestrian season •Fog lines were not re-painted in 2018 excluding those painted in connection with 2018 repaving projects •City Council voted additional $10,000 for FY 2019 budget to help the City catch up on such striping Midland & Dorset Crosswalk Williston Rd – the difference striping makes ! #3 – Crosswalk and fog (white) line striping should be painted by no later than June 1st of each year. •Consistent with what the neighboring towns of Shelburne and Burlington do •Perhaps done through a multi-municipality painting contract to reduce the cost •At the end of 2017, the SBBPC provided DPW a comprehensive priority list of those roads that are in need of striping Spear St. South Burlington Spear St. Shelburne Farrell Street - Throughout #3 – Additional Striping Need Examples Airport Parkway near Pizza Putt #4 – Carve Out 3-5% of Paving Budget for Rec Path & Sidewalk Repaving •A portion of City’s repaving budget should be use to re-pave section(s) of the current recreation path system and/or City sidewalks •Such spending is not expected to be needed every year. •Parts of the existing recreation path system are showing their age and need to be replaced before they become dangerous and help to cause an accident. •These areas will be identified by the SBBPC and communicated to the DPW on an ongoing basis. •A current list of such areas was provided to the DPW in January 2019 Sunken Path at Stonehedge entering Szymanski Park Major Cracks on Midland Ave Recreation Path Cracking and Water Problems on Nowland Farm Rec Path #4 – Paving Budget #5 – Put a Solid Barrier separating the Bike Path from Dorset St. from Songbird Rd. past Grandview Dr. to entrance driveway of 1 Kennedy Dr. #5 – Put a Solid Barrier separating the Bike Path from Dorset St. It is currently common for northbound vehicles to use the recreation path as an additional travel lane in this area. This is making it extremely dangerous for bicyclists and pedestrian many of whom are children headed to school or Veterans Memorial park. Grandview Dr. #6 – As Penny for Paths funds begin to be used in FY 2020 to support new recreation paths and other bicycle and pedestrian safety projects, the committee recommends: A.The Committee serves in an advisory role for allocations of Penny for Paths funds. B.The Committee shall have access to view all transactions that impact the Penny for Paths separate account. C.The City shall provide an Annual Report to the Committee each July 30th as to the use of funds throughout the prior calendar year. The SBBPC expects the City to use recreation impact fees and other sources of funding prior to using Penny for Paths funds and that the SBBPC priority projects list is used as a guideline as to the projects that should get funded with Penny for Paths tax proceeds. Closing the Gaps Update Crosswalk Projects in Process Crosswalks presently being scoped by Toole Design: ●Three possible crosswalk locations on Williston Rd. between Hinesburg and Kennedy including at Davis Pkwy, Elsom Pkwy and Mills Ave. ●Crosswalk across Kennedy Dr. at West Twin Oaks Terrace ●Crosswalks on Hinesburg Rd. between Williston Rd. and Kennedy Dr. at Ruth St., Wright CT and Prouty Pkwy as part of rec path scoping In Addition: ●Crosswalk on Lime Kiln Rd. to allow residents of apartment buildings to cross street to get to Winooski Gorge Park, other neighbors, etc. Sidewalk Projects in Process •Sidewalk on west side of Airport Parkway from Kirby Rd. to Berard Dr. (+) accompanied by bike lanes on each side of Airport Parkway •Previously scoped •Contract for engineering services in process •Sidewalk at Spear Street jug handle near UVM connecting present crosswalk on Spear Street to crosswalk at East Terrace •UVM & the City is working on an agreement to allow the City to construct and maintain infrastructure associated with a sidewalk •Contract for engineering services in process Recreation Paths in Progress •Upper Allen Road connecting the South Village path system to the Baycrest path system •Previously scoped •Contract for engineering services in process •Remaining ROW is needed Recreation Paths in Progress •Dorset Street between Old Cross Rd. and Sadie Lane •Previously scoped •City considering applying for 2019 VTrans grant - third time may be the charm •Expect a few ROW issues •Committee would like to proceed with Engineering study in 2019 using Recreation Impact Fees designated in FY 2019 CIP Additional Rec Path Scoping Projects in Process •Spear Street from Swift Street to the U.S. Forest Service building •Fayette Drive to Queen City Parkway •Lower Allen Road from Baycrest Path near Allenwood/Pillsbury senior Community to Route 7 (May end up being a sidewalk) •Hinesburg Road between Williston Road and Kennedy Drive to connect to existing paths leading to City Center, City Center Park and Central School Other Bicycle Related Activity •Following the repaving of Kimball Ave last fall, the DPW reduced the width of the driving lane to 10 feet allowing for wider, safer bike lanes to be striped. •S.D. Ireland hopes to complete the road and rec path connecting South Village to Midland Ave. and the Dorset Farms neighborhood this spring South Burlington Bicycle & Pedestrian Committee (SBBPC) Safety and Policy Recommendations for City Council Adoption The SBBPC respectfully submits the following safety and policy recommendations for City Council adoption: Recommendation 1: All Rectangular Rapid Flashing Beacons (RRFBs) should have warning lights mounted on poles such that the lights face all directions of approaching traffic. For a two-way street, this would require that lights on each pole be mounted to face two directions. For one-way streets, lights on each pole need only face one direction. Any newly purchased light bars should include pedestrian verification. [First communicated to City Staff on 09/12/2015] Figure 1: RRFB Figure 2: RRFB signals should face all directions of approaching traffic Discussion: The RRFB's in SB presently only have one beacon per pole. Increased visibility is important for safety. Signal lights facing all directions of approaching traffic is consistent with how RRFBs are installed in other cities and towns in Vermont, and is important for maintaining traffic consistency expectations. Since South Burlington was an early adopter of RRFBs, this was not the practice when the City’s first RRFBs were installed. The cost to update the City’s current RRFBs has been estimated by the DPW to be between $50,000 and $60,000, which has been the impediment to date. Now that Penny for Path funds are available, the SBBPC recommends that this expenditure be made as soon as practical. Recommendation 2: A pedestrian-controlled crossing light should be installed at the crosswalk at the intersection of Swift and Spear. While the crossing light is lit “white” to cross, traffic in all directions should stop. The “Do Not Turn (Right)” light on Swift Street heading eastbound should remain on and another “Do Not Turn (Right)” light should be installed on Spear Street heading northbound. [First communicated to City Staff on 09/12/2015] Discussion: Until the summer of 2018, a RRFB was installed at this crosswalk. It was ineffective because the beacons faced only one direction of traffic, and the junction of the roads is not 90-degrees thereby making it hard for drivers to see the one flashing beacon. The City removed the RRFB in the summer of 2018 leaving this heavily trafficked crosswalk without a signal. The next closest signal for crossing Spear Street is at Nowland Farm Rd to the south and UVM to the north. A 2018 CCRPC scoping study found that "...it would not harm the [vehicle] wait time measurably to put a pedestrian controlled crossing light on the southbound side of Spear at the intersection." The DPW had planned to install such a crossing light in November 2018, but snow came early this year. This light should be a priority in spring 2018. The SBBPC believes the DPW already has the equipment/funds to implement this recommendation. Recommendation 3: Crosswalk and fog (white) line striping on roads should be painted by no later than June 1st of each year. Exceptions may be made if the road is scheduled for repaving during the current calendar year season. [A variant of this recommendation was first communicated to City Staff on 09/12/2015] Discussion: Fog lines were not re-painted in 2018 excluding those that were painted in connection with 2018 repaving projects. City Council voted to add $10,000 to the staff proposed FY 2019 budget for striping to help the City catch up on such striping. In order to have the lines in place for the busy summer bicycle and pedestrian season, the lines need to be done in the spring. This is consistent with what the neighboring towns of Shelburne and Burlington do. Perhaps this can be done through a multi-municipality painting contract to reduce the cost. At the end of 2017, the SBBPC provided DPW a comprehensive priority list of those roads that are in need of striping. The cost of road striping is a maintenance item and is not to be funded from the Penny for Paths revenue. Recommendation 4: Three to five percent (3-5%) of every year’s paving budget should be dedicated to repaving a section(s) of the current recreation path system and/or City sidewalks as needed. Such spending is not expected to be needed every year. [First communicated to City Staff on 11/09/2018] Discussion: Parts of the existing recreation path system are showing their age and need to be replaced before they become dangerous and help to cause an accident. These areas will be identified by the SBBPC and communicated to the DPW on an ongoing basis. A current list of such areas was provided to the DPW in January 2019. Recommendation 5: On Dorset Street, from Faith United Church and Songbird Lane up until the section where the recreation path is raised and separated from the street, a solid barrier (e.g., curb or fence) should be erected that separates Dorset Street from the recreation path. It is currently common for northbound vehicles to use the recreation path as an additional travel lane in this area. This is making it extremely dangerous for bicyclists and pedestrians (many of whom are children heading to school or Veterans Memorial Park). Discussion: The Committee first made this recommendation in September 2015. The City installed white bollards in this area in July 2016 (where chain link fencing was not already there) to keep cars from using the recreation path as an additional driving lane. The bollards work well for several months of the year. However, from late fall to early spring, the City removes the bollards to accommodate plowing. This area has seen an increase in both vehicular and bike/pedestrian use, and a solid barrier needs to be installed to keep cyclists and pedestrians safe year round. Recommendation 6: As the Penny for Paths funds begins to be used in FY 2020 to support new recreation path and other bicycle and pedestrian safety projects, the Committee recommends that: A. The SBBPC serves as an advisory role for the allocation of Penny for Paths funds. However, the SBBPC expects the City to use recreation impact fees and other sources of funding when available prior to using Penny for Paths funds and that the SBBPC priority projects list is used as a guideline as to the projects that should get funded with Penny for Paths tax proceeds. B. The SBBPC shall have quarterly access to view all transactions that impact the Penny for Paths separate account. C. The City shall provide a report to the Committee each year by July 31st as to the receipt and use of Penny for Paths funds throughout the prior City fiscal year. Discussion: The SBBPC is simply looking to fulfill its stewardship role over the Penny for Paths funds as it devised and recommended the related ballot initiatives to the City Council and voters. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington City Council Kevin Dorn, City Manager FROM: Amanda S. E. Lafferty, Deputy City Attorney SUBJECT: First Reading for Proposed Parking Ordinance First Reading for Proposed Motor Vehicle and Traffic Ordinance DATE: February 19, 2019 Background The operation and use of vehicles, including parking, in the City of South Burlington is regulated under the South Burlington Motor Vehicle and Traffic Regulation Ordinance (the “Motor Vehicle Ordinance”). The Motor Vehicle Ordinance was adopted on April 28, 1958 and has since been amended at least 18 times. A copy of the current Motor Vehicle Ordinance is available on the City’s website. Proposed Ordinances Staff proposes repeal of the existing Motor Vehicle Ordinance regulating and adoption of an ordinance regulating operation and use of motor vehicles other than parking and an ordinance regulating parking only. State law requires different enforcement methods for each. The proposed Parking Ordinance is intended to accomplish the following: • Establish general parking prohibitions in the City. (Sections 2 and 3) • Authorize the City Council, through adoption of a resolution, to establish specific locations on City streets and highways where parking is prohibited. (Section 2(N)) 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com • Establish a uniform schedule of fines (i.e., parking tickets) for violation of the Parking Ordinance. (Section 4) • Establish an administrative process for appeal of parking tickets. An administrative appeal process for parking tickets is required by 4 V.S.A. § 32(c)(11) in order for the City to bring a civil enforcement action in Vermont Superior Court, as required by 24 V.S.A. § 1974a(e)(1). (Section 5) • Authorize the removal of vehicles parked in violation of the Parking Ordinance. Require a record of vehicles removed and notice of the removal if a vehicle is not claimed in ten days. Create a process for appeal of vehicle removals to the Chief of Police, whose determination on the appeal will be final. Authorize the Council, through adoption of a resolution, to establish charges for the towing and storing of removed vehicles. (Section 6) The proposed Motor Vehicle and Traffic Ordinance is intended to include the required and prohibited actions in the ordinance and to permit the Council to provide and amend information, such as locations, by resolution. In addition, this proposed ordinance permits civil enforcement in the Judicial Bureau. Copies of the proposed Parking Ordinance and the proposed Motor Vehicle and Traffic Ordinance are attached. Staff expects to develop the proposed resolutions contemplated in each ordinance before final passage. Recommendation Staff recommends that the Council consider and discuss proposed amendments to the proposed Parking Ordinance and the proposed Motor Vehicle and Traffic Ordinance and give feedback to Staff regarding the same. Staff proposes that the Council warn a public heairng for a Second Reading of both ordinances for March 18, 2019. Motor Vehicle and Traffic Ordinance MOTOR VEHICLE AND TRAFFIC ORDINANCE 2 City of South Burlington Ordinance Table of Contents 1. Purpose and Authority ..................................................................................................................... 3 2. Definitions ........................................................................................................................................ 3 3. Speed Regulations ............................................................................................................................ 3 4. Stop Intersections ............................................................................................................................ 3 5. Yield Intersections ............................................................................................................................ 3 6. Traffic Control Signals ...................................................................................................................... 3 7. Flashing Signals ................................................................................................................................ 4 8. One Way Streets .............................................................................................................................. 4 9. Right Turn Only Intersections .......................................................................................................... 4 10. Civil Penalties; Waiver Fee; Enforcement ........................................................................................ 4 11. Severability....................................................................................................................................... 4 12. Repeal .............................................................................................................................................. 5 MOTOR VEHICLE AND TRAFFIC ORDINANCE 3 City of South Burlington Ordinance The Council of the City of South Burlington hereby ordains: 1. Purpose and Authority This Motor Vehicle and Traffic Ordinance is enacted by the City Council to promote the public health, safety and welfare of City residents under the authority it is granted to regulate the operation and use of motor vehicles as set forth in 19 V.S.A. section 304, 23 V.S.A. sections 1007 and 1008, 24 V.S.A. section 2291(1), (4), and (5) and Sections 103 and 104 of the South Burlington City Charter. This Ordinance establishes special traffic regulations on public roads or highways in the City of South Burlington and shall constitute a civil ordinance within the meaning of 24 V.S.A. chapter 59. 2. Definitions The definitions set forth in 23 V.S.A. section 4 are incorporated herein by reference. 3. Speed Regulations The City Council shall establish, by appropriate resolution, speed limits on City public roads and highways and upon doing so shall cause suitable “Speed Limit” signs to be installed. Speed limits established by the City Council shall be in effect when so posted. 4. Stop Intersections The City Council shall designate, by appropriate resolution, stop intersections and upon doing so shall cause a suitable “Stop” sign to be installed at the intersection. When a stop sign is so installed, a motor vehicle operator approaching the stop sign shall operate the vehicle in the manner required by 23 V.S.A. section 1048(b). 5. Yield Intersections The City Council shall designate, by appropriate resolution, yield intersections and upon doing so shall cause a suitable “Yield” sign to be installed at the intersections. When a yield sign is so installed, an operator approaching the yield sign shall operate the motor vehicle in the manner required by 23 V.S.A. section 1048(c). 6. Traffic Control Signals The City Council shall designate, by appropriate resolution, intersections and other locations on City public roads and highways to be controlled by traffic-control signals and upon doing so shall cause a traffic-control signal to be installed at the intersection or other location. When a traffic-control signal is so installed, an operator approaching the traffic-control signal shall operate the motor vehicle in the manner required by 23 V.S.A. section 1022. MOTOR VEHICLE AND TRAFFIC ORDINANCE 4 City of South Burlington Ordinance 7. Flashing Signals The City Council shall designate, by appropriate resolution, intersections and other locations on City public roads and highways to be controlled by flashing signals and upon doing so shall cause a flashing signal to be installed at the intersection or other specified location. When a flashing signal is so installed, an operator approaching the traffic-control signal shall operate the motor vehicle in the manner required by 23 V.S.A. section 1024. 8. One-Way Streets The City Council shall designate, by appropriate resolution, any public road or highway for one- way traffic and establish the direction of traffic and upon doing so shall cause a suitable “One- Way” sign to be installed. When a one-way sign is so installed, an operator shall operate the motor vehicle only in the direction designated. 9. Right Turn Only Intersections The City Council shall designate, by appropriate resolution, intersections where only right turns are allowed and upon doing so shall cause a suitable “Right Turn Only” sign to be installed. When such a sign is so installed, an operator shall operate the motor vehicle only in the direction designated. 10. Civil Penalties; Waiver Fee; Enforcement (A) Any violation of a provision of this Ordinance which constitutes a traffic violation as defined by 23 V.S.A. section 2302, shall be prosecuted pursuant to 23 V.S.A. chapter 24, and such violator will be subject to the procedures, provisions and penalties set forth therein. Waiver penalties for violation of this Ordinance shall be those determined by the Judicial Bureau under 4 V.S.A. section 1102(d). (B) Police officers of the City of South Burlington and any other law enforcement officer shall be authorized to issue and pursue before the Judicial Bureau a civil violation complaint. A civil violation complaint may, at the discretion of the issuing officer, be dismissed or a civil penalty or waiver fee may be reduced, upon the successful completion of a reparative justice program through the South Burlington Community Justice Center. 11. Severability In the event that any section, subsection or portion of this Ordinance shall be declared by any competent court to be invalid for any reason, such decision shall not be deemed to affect the validity of any other section, subsection or portion of this Ordinance. MOTOR VEHICLE AND TRAFFIC ORDINANCE 5 City of South Burlington Ordinance 12. Repeal The Motor Vehicle and Traffic Regulation Ordinance of the City of South Burlington adopted April 28, 1958 and as amended from time to time thereafter, is hereby repealed. Adopted at South Burlington, Vermont, this ___ day of ________________________, 2019, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _____________________________________ ___________________________________ Helen Riehle, Chair Thomas Chittenden _____________________________________ ____________________________________ Meaghan Emery, Vice-Chair Dave Kaufman _____________________________________ Tim Barritt, Clerk Received and recorded this ______ day of ________________________, 2019. _____________________________________ Donna Kinville, City Clerk Parking Ordinance PARKING ORDINANCE 2 City of South Burlington Ordinance Table of Contents 1. Purpose and Authority ......................................................................................................... 3 2. Parking Prohibition ............................................................................................................... 3 3. Unregistered Motor Vehicles and Unattached Trailers ....................................................... 4 4. Parking Tickets; Penalty ........................................................................................................ 4 5. Administrative Appeal and Enforcement of Parking Tickets................................................ 5 6. Removal of Unlawfully Parked Vehicles ............................................................................... 5 7. Definitions .............................................................................................................................. 6 8. Severability ........................................................................................................................... 7 9. Repeal…………………………………………………………………………………………………………………………………………..7 PARKING ORDINANCE 3 City of South Burlington Ordinance The Council of the City of South Burlington hereby ordains: 1. Purpose and Authority This Parking Ordinance is enacted by the City Council to promote the public health, safety and welfare of City residents under the authority it is granted to regulate parking of vehicles as set forth in 4 V.S.A. section 32, 19 V.S.A. section 304, 20 V.S.A. section 2904, 23 V.S.A. sections 1008 and 1753, 24 V.S.A. section 2291, and Sections 103 and 104 of the South Burlington City Charter. This Ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. chapter 59. Parking any vehicle in violation of this Ordinance is hereby declared to be a public nuisance. 2. Parking Prohibition Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a law enforcement officer or official traffic-control device, no person shall park a motor vehicle: (A) On the roadway side of any vehicle stopped or parked at the edge or curb of a street; (B) On a sidewalk or so as to interfere with pedestrian use or maintenance of a sidewalk; (C) Within fifty (50) feet of an intersection; (D) On any crosswalk; (E) Alongside or opposite any road excavation when parking would obstruct traffic; (F) Upon any bridge or other elevated structure; (G) Upon any railroad tracks or within fifty (50) feet of the nearest rail of a railroad crossing; (H) Within fifteen (15) feet of a fire hydrant; (I) Within thirty (30) feet upon the approach to any flashing signal, stop sign, or traffic control light located at the side of a roadway; (J) In front of a public or private driveway; (K) In any space specified as reserved for a bus stop; (L) Within twenty (20) feet of the driveway entrance to any fire station and on the side of a public road or highway opposite and within seventy-five (75) feet of the entrance to any fire station; (M) On any public road or highway, or portion thereof, designated by order of the Director of Public Works as a place where parking is temporarily prohibited because of road or highway construction, repair or maintenance; PARKING ORDINANCE 4 City of South Burlington Ordinance (N) On any public road or highway, or portion thereof, the City Council designates by resolution as a place where parking is prohibited and indicated as such by “No Parking” signs; (O) On any public road or highway for a period of more than seventy-two (72) consecutive hours in the same location; (P) On any public road or highway for the purpose of selling or renting the same or for the purpose of displaying or advertising the same for sale or rent; (Q) So as to interfere with the plowing or removal of snow; (R) On any public road or highway between the hours of 12 o’clock midnight and 8 o’clock a.m. during the period from December 1 of each year to April 1 of the following year; (S) In a space designated as parking for persons with disabilities except when the motor vehicle is equipped with a valid handicapped registration plates or properly displayed handicap permit from the Vermont Department of Motor Vehicles in accordance with 23 V.S.A. section 304a, or as otherwise provided by the law of the State in which the vehicle is registered, and an occupant is a person with a disability. 3. Unregistered Motor Vehicles and Unattached Trailers In addition to the prohibitions set forth in Section 2, no person shall park an unregistered motor vehicle, or a camper, recreation vehicle, travel trailer or unattached trailer on any public road or highway for a period of more than twelve (12) consecutive hours. As used herein, an unattached trailer shall mean a vehicle without motive power designed to be drawn by a motor vehicle that is not attached to a motor vehicle. 4. Parking Tickets; Penalty Any City law enforcement officer may issue a parking ticket for any vehicle parked in violation of Sections 2 or 3 of this Ordinance, which shall set forth the penalty to be paid for such violation. Parking ticket penalties shall be paid to the South Burlington Police Department. The Police Department shall maintain copies of all issued parking tickets. The penalties for violations of any provision of Sections 2 or 3 of this Ordinance shall be: Section First Offense Second Offense Third Offense Fourth and Subsequent Offenses 2(A)-(Q) $15 $25 $50 $100 2(R) $25 $50 $100 $200 2(S) $50 $100 $200 $400 3 $15 $25 $50 $100 PARKING ORDINANCE 5 City of South Burlington Ordinance Offenses shall be counted on a calendar year basis. A late payment fee of $10.00 shall be imposed for each parking ticket not paid within twenty (20) calendar days of the date of issuance. 5. Administrative Appeal and Enforcement of Parking Tickets Within fifteen (15) calendar days of the date a parking ticket is issued, a person receiving a parking ticket may appeal the violation by submitting a written statement of appeal to the Chief of Police. The written statement shall state the facts supporting the appeal and an explanation of why such ticket is believed to be unlawful. Within fifteen (15) calendar days of the date s/he received a written statement of appeal, the Chief of Police, or his or her designee, will review the statement and shall issue by mailing to the address provided in the written statement a brief written decision on the appeal, which shall be final. If, after exhausting this administrative appeal process, the violator has not paid any penalty assessed for violation of this Ordinance, the City Attorney, at the direction of the City Council, may institute an action on behalf of the City against the violator in accordance with Rule 80.9 of the Vermont Rules of Civil Procedure. 6. Removal of Unlawfully Parked Vehicles (A) Removal. In addition to issuance of a parking ticket under Section 4 of this Ordinance, City law enforcement officers are authorized to remove vehicles parked in violation of Sections 2 or 3 this Ordinance at the expense of the owner of the vehicle. (B) Record of Removed Vehicles. The Police Department and the owner of any garage to which a vehicle is removed shall keep a record of each vehicle so removed by manufacturer’s trade name or make, registration number or Vehicle Identification Number, registered owner if the vehicle bears a Vermont registration, such other descriptive matter as may be necessary to identify the vehicle, and the name and address of any claimant thereof. In addition, the Police Department shall keep a record showing the date of such removal, the place to which the vehicle is removed, and reason for such removal. All such records shall be open to public inspection pursuant to the Vermont Public Records Act. (C) Notice of Removal. If a removed vehicle is not reclaimed within ten (10) calendar days of the date of removal, the Police Department shall send written notice by certified mail, return receipt requested, to the last known address of the registered owner of such vehicle, if such vehicle is registered. If the vehicle is not registered, the Police Department shall cause the notice to be published in a newspaper of general circulation in the City within twenty (20) calendar days of the date of removal. The notice required by this section shall contain the following: PARKING ORDINANCE 6 City of South Burlington Ordinance (1) A description of the vehicle; (2) Statement of the circumstances requiring removal; (3) Statement of the procedure to reclaim the vehicle; and, (4) Statement of appeal rights. (D) Appeal of Removal. Prior to, or within three (3) calendar days of reclaiming a vehicle, the owner of a vehicle removed pursuant this Ordinance may make a written request for a hearing before the Chief of Police. The written request shall contain a statement of the facts supporting the appeal and an explanation of why such removal is believed to be unlawful. The Chief of Police, or his/her designee, shall conduct a summary hearing at which the vehicle owner may present relevant evidence. Within twenty-four (24) hours of the conclusion of the hearing, the Chief of Police, or his/her designee, shall issue by mailing to the address provided in the written statement a brief written decision on the appeal, which shall be final. (E) Recovery of Vehicle. Before the owner of a vehicle removed pursuant to this Ordinance shall be permitted to reclaim the motor vehicle, the owner shall: (1) Furnish satisfactory evidence to the Police Department or the owner or person in charge of the garage of his/her identity and of his/her ownership of the vehicle; (2) Pay to the Police Department all charges for violation of this Ordinance and all charges for mailing and/or publication of the required notice; (3) Pay to the owner or person in charge of the garage all charges for removing said vehicle and all charges for the storing and parking thereof; (4) Sign a written receipt acknowledging delivery of said vehicle. (F) Charges for Removal. The City Council shall, from time to time, by resolution, establish reasonable charges for the towing and storing of vehicles removed pursuant to Section 6 of this Ordinance. (G) Lien on Vehicle. All charges for towing and storage of vehicles imposed pursuant to Section 6 of this Ordinance shall become a lien upon the vehicle removed and such lien may be foreclosed in accordance with the procedure provided in the law for foreclosure of artisan’s liens. (H) Charges not a Penalty. No charges made or incurred under Section 6 of this Ordinance shall be considered a fine, penalty or forfeiture. The removal and storage of any vehicle under this Ordinance shall not be a bar to the institution and prosecution of civil action against the owner or operator of such vehicle. 7. Definitions The definitions of public set forth in 23 V.S.A. section 4 are incorporated herein by reference. PARKING ORDINANCE 7 City of South Burlington Ordinance 8. Severability In the event that any section, subsection or portion of this Ordinance shall be declared by any competent court to be invalid for any reason, such decision shall not be deemed to affect the validity of any other section, subsection or portion of this Ordinance. 9. Repeal The Motor Vehicle and Traffic Regulation Ordinance of the City of South Burlington adopted April 28, 1958 and as amended from time to time thereafter, is hereby repealed. Adopted at South Burlington, Vermont, this ___ day of ________________________, 2019, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _____________________________________ ___________________________________ Helen Riehle, Chair Thomas Chittenden _____________________________________ ____________________________________ Meaghan Emery, Vice-Chair Dave Kaufman _____________________________________ Tim Barritt, Clerk Received and recorded this ______ day of ________________________, 2019. _____________________________________Donna Kinville, City Clerk Revenue Report-January, 2019 General Fund Estimated Received % Budget FY 2019 Account Revenue To Date Received $ (+/-)Received-January Total PROPERTY TAX REVENUE $15,507,174.00 ($11,074,662.05)71.42%$4,432,511.95 ($73,155.13) Total LOCAL OPTION TAXES $3,697,658.00 ($1,493,984.02)40.40%$2,203,673.98 $0.00 Total TAX REVENUE $19,204,832.00 ($12,568,646.07)65.45%$6,636,185.93 ($73,155.13) Total INTEREST/PENALTY ON TAX $265,000.00 ($184,452.99)69.60%$80,547.01 ($5,771.28) Total CITY MANAGER $412,462.00 ($349,115.05)84.64%$63,346.95 $0.00 Total CITY CLERK $224,400.00 ($104,859.70)46.73%$119,540.30 ($15,519.08) Total PLANNING & ZONING $383,700.00 ($189,765.79)49.46%$193,934.21 ($7,676.17) Total FIRE DEPARTMENT $510,000.00 ($412,284.24)80.84%$97,715.76 ($14,177.17) Total ELECTRICAL INSPECTION $50,000.00 ($22,301.52)44.60%$27,698.48 ($2,285.00) Total AMBULANCE $773,000.00 ($578,961.89)74.90%$194,038.11 ($62,300.68) Total POLICE DEPARTMENT $490,588.00 ($172,242.07)35.11%$318,345.93 ($29,205.71) Total PUBLIC SAFETY $1,823,588.00 ($1,185,789.72)65.03%$637,798.28 ($107,968.56) Total HIGHWAY DEPARTMENT $1,169,176.00 ($948,433.39)81.12%$220,742.61 ($73,426.95) Total RED ROCKS PARK $13,000.00 $0.00 0.00%$13,000.00 $0.00 Total FACILITIES $10,000.00 ($886.00)8.86%$9,114.00 $0.00 Total SPECIAL ACTIVITIES $172,200.00 ($104,768.05)60.84%$67,431.95 ($11,906.45) Total RECREATION $195,200.00 ($105,654.05)54.13%$89,545.95 ($11,906.45) Total COMMUNITY LIBRARY $7,740.00 ($2,617.30)33.82%$5,122.70 $30.57 Total GENERAL FUND $23,686,098.00 ($15,639,334.06)66.03%$8,046,763.94 ($295,393.05) Revenue Report-January, 2019 General Fund Estimated Received % Budget FY 2019 MTD Account Revenue To Date Received $ (+/-)Received-January TAX REVENUE Tax, Current Budget $15,272,174.00 ($10,923,695.73)71.53%$4,348,478.27 ($73,155.13) VT Payment in Lieu of Tax $170,000.00 ($150,966.32)88.80%$19,033.68 $0.00 Taxes, Reappraisal/ACT 60 $65,000.00 $0.00 0.00%$65,000.00 $0.00 Total TAX REVENUE $15,507,174.00 ($11,074,662.05)71.42%$4,432,511.95 ($73,155.13) LOCAL OPTION TAXES Local Option Tax-Sales $2,750,000.00 ($1,091,966.16)39.71%$1,658,033.84 $0.00 Local Option Tax-Rooms/Me $947,658.00 ($402,017.86)42.42%$545,640.14 $0.00 Total LOCAL OPTION TAXES $3,697,658.00 ($1,493,984.02)40.40%$2,203,673.98 $0.00 Total TAX REVENUE $19,204,832.00 ($12,568,646.07)65.45%$6,636,185.93 ($73,155.13) INTEREST/PENALTY ON TAX Penalty, Current & Prior $110,000.00 ($116,250.42)105.68%($6,250.42)$98.62 Interest, Current & Prior $45,000.00 ($50,339.13)111.86%($5,339.13)($4,243.15) Attorney Fees $1,000.00 ($3,091.44)309.14%($2,091.44)($1,626.75) Fee to Collect State Educ $93,000.00 $0.00 0.00%$93,000.00 $0.00 Current Use $16,000.00 ($14,772.00)92.33%$1,228.00 $0.00 Total INTEREST/PENALTY ON TAX $265,000.00 ($184,452.99)69.60%$80,547.01 ($5,771.28) CITY MANAGER Administrative Services-W $47,500.00 ($47,500.00)100.00%$0.00 $0.00 Administrative Services-S $134,392.00 ($134,392.00)100.00%$0.00 $0.00 Revenue Report-January, 2019 General Fund Estimated Received % Budget FY 2019 MTD Account Revenue To Date Received $ (+/-)Received-January Administrative Services-W $150,336.00 ($150,336.00)100.00%$0.00 $0.00 From Sewer-Audit & Actuar $6,214.00 ($6,214.00)100.00%$0.00 $0.00 From SW-Audit & Actuary $3,555.00 ($3,555.00)100.00%$0.00 $0.00 Pension Liab Note-WPC $38,675.00 $0.00 0.00%$38,675.00 $0.00 Pension Liab Note-SW $26,510.00 $0.00 0.00%$26,510.00 $0.00 From Water-Audit $2,100.00 $0.00 0.00%$2,100.00 $0.00 From WPC-Payroll, Testing $700.00 $0.00 0.00%$700.00 $0.00 From SW-Payroll, Testing $480.00 $0.00 0.00%$480.00 $0.00 Solar Credits $0.00 ($4,576.05)100.00%($4,576.05)$0.00 Miscellaneous $2,000.00 ($2,542.00)127.10%($542.00)$0.00 Total CITY MANAGER $412,462.00 ($349,115.05)84.64%$63,346.95 $0.00 CITY CLERK Recording Fees $135,000.00 ($64,412.00)47.71%$70,588.00 ($7,077.00) Photocopy Fees $26,000.00 ($11,599.14)44.61%$14,400.86 ($1,267.50) Photocopies-Vital Records $5,300.00 ($2,421.00)45.68%$2,879.00 ($297.00) Pet Control Fees $2,000.00 ($550.00)27.50%$1,450.00 $0.00 Beverage/Cabaret License $9,000.00 ($3,515.00)39.06%$5,485.00 ($3,145.00) Entertainment Permits $0.00 ($50.00)100.00%($50.00)$0.00 Marriage Licenses $1,500.00 ($920.00)61.33%$580.00 ($40.00) Green Mountain Passports $300.00 ($184.00)61.33%$116.00 $0.00 Motor Vehicle Renewals $800.00 ($257.00)32.13%$543.00 ($18.00) School Reimburse-Election $1,500.00 $0.00 0.00%$1,500.00 $0.00 Interest on Investments $21,000.00 ($17,423.06)82.97%$3,576.94 ($1,484.58) Total CITY CLERK $224,400.00 ($104,859.70)46.73%$119,540.30 ($15,519.08) PLANNING Revenue Report-January, 2019 General Fund Estimated Received % Budget FY 2019 MTD Account Revenue To Date Received $ (+/-)Received-January Building & Sign Permits $250,000.00 ($128,978.05)51.59%$121,021.95 ($3,355.97) Bianchi Ruling $10,000.00 ($7,635.00)76.35%$2,365.00 ($624.00) Zoning and Planning $95,000.00 ($50,612.74)53.28%$44,387.26 ($3,696.20) Sewer Inspection Fees $2,500.00 ($1,750.00)70.00%$750.00 $0.00 Peddlers' Permits $1,200.00 ($790.00)65.83%$410.00 $0.00 Solar Credits-Transfer In $25,000.00 $0.00 0.00%$25,000.00 $0.00 Total PLANNING $383,700.00 ($189,765.79)49.46%$193,934.21 ($7,676.17) FIRE DEPARTMENT Outside Employment $4,000.00 ($1,424.75)35.62%$2,575.25 $0.00 Misc.Revenue-Fire Dept.$0.00 ($1,459.60)100.00%($1,459.60)($600.00) Fire Inspection Revenue $390,000.00 ($293,399.89)75.23%$96,600.11 ($13,577.17) Fire Impact Fees-Fund Tru $116,000.00 ($116,000.00)100.00%$0.00 $0.00 Total FIRE DEPARTMENT $510,000.00 ($412,284.24)80.84%$97,715.76 ($14,177.17) ELECTRICAL INSPECTION Electrical Inspection-Rev $50,000.00 ($22,301.52)44.60%$27,698.48 ($2,285.00) Total ELECTRICAL INSPECTION $50,000.00 ($22,301.52)44.60%$27,698.48 ($2,285.00) AMBULANCE Tax Revenues $155,000.00 ($155,000.00)100.00%$0.00 $0.00 Ambulance Service Billing $600,000.00 ($418,390.32)69.73%$181,609.68 ($62,004.92) Grand Isle Billing $6,000.00 ($2,901.79)48.36%$3,098.21 ($295.76) Miscellaneous Income $12,000.00 ($2,669.78)22.25%$9,330.22 $0.00 Total AMBULANCE $773,000.00 ($578,961.89)74.90%$194,038.11 ($62,300.68) Revenue Report-January, 2019 General Fund Estimated Received % Budget FY 2019 MTD Account Revenue To Date Received $ (+/-)Received-January POLICE DEPARTMENT Vermont District Court $50,000.00 ($5,017.50)10.04%$44,982.50 ($265.50) Traffic Safety Grant $5,000.00 $0.00 0.00%$5,000.00 $0.00 Sale of Cruisers/Bequest $4,000.00 ($6,540.00)163.50%($2,540.00)$0.00 Police Reports $7,500.00 ($2,116.49)28.22%$5,383.51 ($28.35) I.C.A.C.$3,500.00 ($2,254.54)64.42%$1,245.46 $0.00 SHARP $34,000.00 ($9,496.33)27.93%$24,503.67 $0.00 Drug Task Force Grant $115,000.00 ($65,277.24)56.76%$49,722.76 ($17,672.19) Parking Tickets $0.00 ($3,309.59)100.00%($3,309.59)($20.00) Alarm Registrations $10,000.00 ($7,095.00)70.95%$2,905.00 ($1,065.00) Alarm Fines $2,500.00 ($3,080.00)123.20%($580.00)($870.00) Off Duty Police $10,000.00 ($1,493.14)14.93%$8,506.86 $0.00 Bullet Proof Vest Grant $2,400.00 $0.00 0.00%$2,400.00 $0.00 Police Impact Fees $95,000.00 $0.00 0.00%$95,000.00 $0.00 3rd Floor Lease Revenue $101,688.00 ($60,064.69)59.07%$41,623.31 ($8,580.67) Solar Credits $0.00 ($2,674.35)100.00%($2,674.35)$0.00 Miscellaneous - Police $8,000.00 ($3,823.20)47.79%$4,176.80 ($704.00) Xfer In-Fund 207 $42,000.00 $0.00 0.00%$42,000.00 $0.00 Total POLICE DEPARTMENT $490,588.00 ($172,242.07)35.11%$318,345.93 ($29,205.71) HIGHWAY DEPARTMENT Road Opening Permits $95,000.00 ($123,239.00)129.73%($28,239.00)($325.00) Overweight truck permits $2,000.00 ($95.00)4.75%$1,905.00 ($30.00) Highway State Aid $225,000.00 ($175,993.57)78.22%$49,006.43 ($48,795.24) Fuel Pump Surcharge $6,000.00 ($3,446.77)57.45%$2,553.23 ($720.62) HazMat Facility Lease $24,000.00 ($15,569.10)64.87%$8,430.90 ($5,189.70) School Bus Parts Reimbure $32,500.00 ($18,135.84)55.80%$14,364.16 ($1,037.94) Revenue Report-January, 2019 General Fund Estimated Received % Budget FY 2019 MTD Account Revenue To Date Received $ (+/-)Received-January School gas/diesel reimbur $125,000.00 ($69,876.05)55.90%$55,123.95 ($13,844.69) Salary Reimbursement-WPC $280,454.00 ($280,454.00)100.00%$0.00 $0.00 FICA Reimbursement-WPC $22,944.00 ($22,944.00)100.00%$0.00 $0.00 Pension Reimbursement-WPC $85,518.00 ($85,518.00)100.00%$0.00 $0.00 Benefits Reimbursement-WP $78,215.00 ($78,215.00)100.00%$0.00 $0.00 Salary Reimbursement-SW $18,773.00 ($18,773.00)100.00%$0.00 $0.00 Benefits Reimbursement-SW $10,429.00 ($10,429.00)100.00%$0.00 $0.00 Reimburse from Fund 265 $8,343.00 ($8,343.00)100.00%$0.00 $0.00 Highway Impact Fee-RT 2 $85,000.00 $0.00 0.00%$85,000.00 $0.00 Hgwy Misc Revenue $70,000.00 ($37,402.06)53.43%$32,597.94 ($3,483.76) Total HIGHWAY DEPARTMENT $1,169,176.00 ($948,433.39)81.12%$220,742.61 ($73,426.95) RECREATION RED ROCKS PARK Red Rocks Gate Receipts $13,000.00 $0.00 0.00%$13,000.00 $0.00 Total RED ROCKS PARK $13,000.00 $0.00 0.00%$13,000.00 $0.00 FACILITIES Donations $10,000.00 ($886.00)8.86%$9,114.00 $0.00 Total FACILITIES $10,000.00 ($886.00)8.86%$9,114.00 $0.00 SPECIAL ACTIVITIES Great Escape Ticket Sales $6,500.00 ($7,488.00)115.20%($988.00)$0.00 Aternoon Skiing/Middle Sc $14,450.00 ($1,715.00)11.87%$12,735.00 $0.00 Youth Programs $60,000.00 ($50,087.50)83.48%$9,912.50 ($8,402.00) Adult Evening Classes $22,000.00 ($15,632.55)71.06%$6,367.45 ($3,504.45) Revenue Report-January, 2019 General Fund Estimated Received % Budget FY 2019 MTD Account Revenue To Date Received $ (+/-)Received-January Community Programs $17,000.00 $0.00 0.00%$17,000.00 $0.00 SoBu Night Out $27,000.00 ($7,720.00)28.59%$19,280.00 $0.00 Mornin Joe with Fido $800.00 $0.00 0.00%$800.00 $0.00 Driver's Education $24,450.00 ($22,125.00)90.49%$2,325.00 $0.00 Total SPECIAL ACTIVITIES $172,200.00 ($104,768.05)60.84%$67,431.95 ($11,906.45) Total RECREATION $195,200.00 ($105,654.05)54.13%$89,545.95 ($11,906.45) COMMUNITY LIBRARY Grants $140.00 $0.00 0.00%$140.00 $0.00 Library Lost Books $900.00 ($248.61)27.62%$651.39 $30.57 Fines and Fees $3,800.00 ($699.89)18.42%$3,100.11 $0.00 Non-Resident Fees $700.00 ($550.00)78.57%$150.00 $0.00 Libriary Copies and Print $2,200.00 ($883.80)40.17%$1,316.20 $0.00 LIBRARY MISCELLANEOUS $0.00 ($235.00)100.00%($235.00)$0.00 Total COMMUNITY LIBRARY $7,740.00 ($2,617.30)33.82%$5,122.70 $30.57 Total GENERAL FUND $23,686,098.00 ($15,639,334.06)66.03%$8,046,763.94 ($295,393.05) Total All Funds $23,686,098.00 ($15,639,334.06)66.03%$8,046,763.94 ($295,393.05) Revenue Report-January, 2019 Sewer Fund Estimated Received % Budget FY 2019 MTD Account Revenue To Date Received $ (+/-)Received-January CHARGES FOR SERVICES W.P.C. User Fees $3,550,000.00 ($2,211,055.79)62.28%$1,338,944.21 ($310,488.74) W.P.C. Truck Charges $20,000.00 ($65,320.50)326.60%($45,320.50)($61,445.50) Connection Fees $300,000.00 ($342,726.56)114.24%($42,726.56)($84.00) Total CHARGES FOR SERVICES $3,870,000.00 ($2,619,102.85)67.68%$1,250,897.15 ($372,018.24) BOND AND LOAN PROCEEDS Colchester A/P Pkwy Pmt $742,310.00 $0.00 0.00%$742,310.00 $0.00 Notes and Bond Proceeds $1,895,000.00 $0.00 0.00%$1,895,000.00 $0.00 GF Note Repay-Solar $0.00 ($12,005.00)100.00%($12,005.00)$0.00 Total BOND AND LOAN PROCEEDS $2,637,310.00 ($12,005.00)0.46%$2,625,305.00 $0.00 MISCELLANEOUS Miscellaneous Rev.-W.P.C.$5,000.00 ($144.53)2.89%$4,855.47 $0.00 Total MISCELLANEOUS $5,000.00 ($144.53)2.89%$4,855.47 $0.00 Total OPERATING TRANSFERS IN $6,512,310.00 ($2,631,252.38)40.40%$3,881,057.62 ($372,018.24) Total ENTERPRISE FUND/W.P.C.$6,512,310.00 ($2,631,252.38)40.40%$3,881,057.62 ($372,018.24) Total All Funds $6,512,310.00 ($2,631,252.38)40.40%$3,881,057.62 ($372,018.24) Revenue Report-January, 2019 General Fund Estimated Received % Budget FY 2019 Account Revenue To Date Received $ (+/-)Received-January S/WATER UTILITIES REVENUE Intergovernmental Revenue $50,000.00 ($197,051.86)394.10%($147,051.86)$0.00 S/W User Fees - Water Bil $2,219,804.00 ($1,464,149.11)65.96%$755,654.89 ($277,270.08) Credit Application Fees $500.00 $0.00 0.00%$500.00 $0.00 Payment from GF re: GIS $38,000.00 ($17,510.00)46.08%$20,490.00 $0.00 SW Grants $250,000.00 ($40,000.00)16.00%$210,000.00 $0.00 Land Owner Payments $0.00 ($93,172.00)100.00%($93,172.00)$0.00 Stormwater Miscellaneous $1,000.00 ($1,200.00)120.00%($200.00)$0.00 Total S/WATER UTILITIES REVENUE $2,559,304.00 ($1,813,082.97)70.84%$746,221.03 ($277,270.08) Total STORM WATER UTILITIES $2,559,304.00 ($1,813,082.97)70.84%$746,221.03 ($277,270.08) Total All Funds $2,559,304.00 ($1,813,082.97)70.84%$746,221.03 ($277,270.08)