HomeMy WebLinkAboutAgenda - City Council - 05/16/2022AGENDA
SOUTH BURLINGTON CITY COUNCIL
South Burlington City Hall
180 Market Street
SOUTH BURLINGTON, VERMONT
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Regular Session 6:30 P.M. Monday, May 16, 2022
1.Pledge of Allegiance (6:30 PM)
2.Instructions on exiting building in case of emergency and review of technology options –
Jessie Baker, City Manager (6:31 – 6:32 PM)
3.Agenda Review: Additions, deletions or changes in order of agenda items (6:33 – 6:34 PM)
4.Comments and questions from the public not related to the agenda (6:35 – 6:45 PM)
5.Announcements and City Manager’s Report (6:45 – 6:55 PM)
6.Consent Agenda: (6:55 – 7:00 PM)
A.*** Consider and Sign Disbursements
B.*** Approve minutes from April 18, 2022 and May 2,2022 City Council Meetings
C.*** Receive the April Financials
D.*** Approve the application for a Department of Libraries grant to increase the
inclusion and diversity of our collection
7.Opportunity for Councilors and the public to share information and resources on Climate
Change: (7:00 – 7:15 PM)
8.*** Receive an update from the Chittenden County Regional Planning Commission, on
recent efforts related to South Burlington and specifically the I-89 2050 Study – Charlie
Baker, Executive Director Chittenden County Regional Planning Commission (7:15 – 7:35
PM)
9.*** Approve appointments to the Chittenden County Regional Planning Commission's Board
of Directors, Transportation Advisory Committee, and Clean Water Advisory Committee –
Jessie Baker, City Manager (7:35 – 7:50 PM)
10.***Discussion on Veterans Park at Dorset Street - Holly Rees, Director Recreation & Parks
(7:50 – 8:10 PM)
11.*** Review and approval the final survey for public outreach on the use of ARPA funds –
Andrew Bolduc, Deputy City Manager (8:10 – 8:40 PM)
12.*** Approve lease of 577 Dorset Street to the South Burlington School District – Colin
McNeil, City Attorney (8:40 – 9:00 PM)
13.*** Discuss and possibly appoint Council Liaisons to Committees – Jessie Baker, City
Manager (9:00 – 9:20 PM)
14.Reports from Councilors on Committee assignments (9:20 – 9:30 PM)
15.Other Business (9:30 – 9:45 PM)
16.Consider entering executive session for the purpose of discussing land acquisition (9:45 –
10:15 PM)
17.Adjourn
Respectfully Submitted:
Jessie Baker
City Manager
*** Attachments Included
Champlain Water District
Check/Voucher Register - Check Report by Fund
From 5/17/2022 Through 5/17/2022
Check Date Check Number Vendor Name Invoice Description Check Amount Invoice Number
5/17/2022 4403 Champlain Water District - Retail Invoices 67,259.16 SBWD-385
5/17/2022 4404 Champlain Water District Invoices 1,581.69 SBWD-378
5/17/2022 Champlain Water District Water Consumption - April 2022 150,177.93 SBWDAPRILCONSUMPTION
5/17/2022 4405 Masterson & Son Excavation, LLC Water Break at 116 and Kennedy Drive 5,173.09 5644
5/17/2022 4406 South Burlington Sewer Department April 2022 Sewer Billings 252,619.81 SBSEWER-043022
5/17/2022 4407 South Burlington Stormwater Department April 2022 Stormwater Fees 255,431.63 SBSTORM 043022
5/17/2022 4408 Ti-Sales, Inc.Meters 388.88 INV0142970
Total 70 - South Burlington Water
Department
732,632.19
Report Total 732,632.19
70 - South Burlington Water Department
SOUTH BURLINGTON CITY COUNCIL
Page: 1
CITY COUNCIL 18 April 2022
The South Burlington City Council held a regular meeting on Monday,18 April 2022, at 6:30
p.m., in the Auditorium, 180 Market Street, and by Go to Meeting remote participation.
MEMBERS PRESENT: H. Riehle, Chair; M. Emery, Sen. T. Chittenden, M. Cota
ALSO PRESENT: J. Baker, City Manager; A. Bolduc, Deputy City Manager; D. Kinville, City Clerk; P.
Conner, Director of Planning & Zoning; B. Sirvis, D. Bugbee, R. Greco, D. Peters, C. Trombly
C. McQuillen
1. Instructions on exiting building in case of emergency and review of technology
option:
Ms. Baker provided instructions on emergency exit from the building and reviewed technology
options.
2.Additions, deletions or changes in the order of Agenda items:
Ms. Baker asked to add to the executive session a discussion of a potential property lease at 575
Dorset Street.
3.Comments and questions from the public not related to the agenda:
No issues were raised.
4.Announcements and City Manager’s Report:
Ms. Emery updated members on two bills in the State Legislature. S210 could establish a rental
registry, and S226 could provide ARPA funds for housing for the “missing middle” and would
allow City Center developments to happen without going to Act 250.
Ms. Baker: The next meeting of the I-89 study committee will be on 10 May, 6-8 p.m.
The city is in the process of transferring to Office 365. At one of the May
meetings the IT Director will walk the Council through the process.
Last week, the retirement of Police Lt. Jeff Martell was celebrated. The
Department anticipates promoting a new Lieutenant shortly.
Ms. Baker may be appointed to the Superintendent of Schools Search
Committee. If this occurs, she will keep the Council updated.
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18 APRIL 2022
PAGE 2
On 1 April, the Grand List values were frozen. Any changes will be presented
soon.
Surveyors are at work around Healthy Living for the next phase of Garden Street
and the bridge to the park.
May 7th is Green Up Day. Residents can pick up bags prior to that date at the City
Hall welcome desk.
Mr. Chittenden noted that Senate Bill S-726 was unanimously passed. It relates to Airport
governance. The cost of approximately $150,000 will come from ARPA funds and a $15,000
state match.
5.Consent Agenda:
a.Approve and Sign Disbursements
b.Annual Approval of the City’s Local Emergency Management Plan
c.Authorize the survey of Phase I and Phase II of the Garden Street Project as
outlined and authorize the City to provide notice of intent to survey to all
known abutting landowners pursuant to 19 V.S.A. Section 33
d.Approve a Resolution amending the Public Art Committee composition and
appoint Sophia Babbitt to the Committee
e.Resolution to amend the Climate Action Plan Task Force
Ms. Emery moved to approve the Consent Agenda as presented. Mr. Cota seconded. Motion
passed unanimously.
6.Pick the City’s Top Dog and First Feline:
Ms. Kinville said this is the 9th year of the awards which were instituted to draw attention to the
need to register pets. Last year’s total registrations were the highest ever, and as of 1 April this
year, registrations were even higher.
Ms. Kinville thanked Pet Food Warehouse and Guy’s Farm and Yard for their support of the
program over the years.
In the drawing that followed “Zoe,” a Golden Retriever owned by William Howard was chosen
First Dog, and “Ella,” owned by Roseann Geier was chosen as First Feline. Photos of the
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18 APRIL 2022
PAGE 3
winners will be hung near the Clerk’s Office and the winners will be recognized in an article in
The Other Paper.
7.(formerly #10): Opportunity for Councilors and the public to share information and
resources on Climate Change:
Ms. Riehle recalled an article about a community in England which is making the
growing/sharing of food a part of its culture. A side benefit of this is that food businesses have
been lured to the town.
Ms. Riehle also recalled a sad story from California where land has become so valuable that
people are buying it up and turning it into manufacturing plants and “gloating” about providing
jobs while they pave over some of the most fertile land in America.
Ms. Emery noted that Efficiency Vermont is offering subsidies, and that her home will be
changed from a gas water heater to a hybrid. She also noted that some neighbors have planted
a garden in their front yard as a “picking place” for the community, and that there is now talk of
a community garden.
Ms. Greco spoke of an article in the Sunday newspaper about species facing extinction. These
include butterflies, bees and some mammals that help to pollinate crops. She noted that more
than half of plants depend on wildlife to disperse their seeds. The article cited pesticides as one
cause of the extinction of these creatures.
8.Interviews with applicants for a mid-term appointment to the Development
Review Board:
The Council interviewed the following applicants:
a.John Sterns
b.Tyler Barnes
Ms. Riehle explained the process and said the Council will make an appointment following an
executive session later on the agenda.
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18 APRIL 2022
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9.Receive Common Roots’ Annual Update:
Ms. McQuillen thanked the city for the generous leases to Common Roots. She noted they are
now just over 50% self-sustaining. She then enumerated their 5 major programs:
a.The Farmstand, which is now growing organic food for over 500 families.
They have also set up a farm stand outside the Food Shelf from May through
November where people can pick up what they need.
b.The Farm to School now in its 14th year. During the pandemic they have been
designated as “essential personnel” because of this program
c.The Farm to Go program, the Middle School Chef after school 6-week activity
which helps the students produce balanced meals for their families.
d.Gatherings on the Land, a field trip program for people in various
communities to agricultural fields in South Burlington. There is also a
relationship with local businesses who, instead of competing with each other,
help each other. They are going to be dealing with the issue of farming
housing as it is impossible for farm workers to afford to live where they work
in the Southeast Quadrant.
e.Internship Program which numbered 142 internships in 2021.
Other Common Roots activities include the Farm to Fork Tuesday meals, the Farm at South
Village (which broke even for the first time last year), and a new program to provide food for the
Abnaki based on their food traditions.
Ms. McQuillen noted that they have had had conversations regarding drainage issues at
Wheeler. The flow from the upper part of the field has increased, and the water is impacting
the middle of the farm.
Ms. McQuillen then spoke to the possibility of offering space in community gardens to families
facing food insecurity and who are not experienced in growing food. She also noted that they
have been told by people at the Tech Center that they have what it takes to have a full year
CITY COUNCIL
18 APRIL 2022
PAGE 5
high school agriculture program. Wheeler house would have to be modified to be ADA
compliant. The Principal would do the planning and funding would come from the State
through the Tech Center.
Regarding the outdoor kitchen, Ms. McQuillen said it was paid for by Patagonia and made a
reality by volunteers and city employees. The biggest expense was getting electricity out there
($32,000). The revenue last year was $6500, and they have already made more than that this
year. They have asked to rent the Senior Center community room as a backup when there are
weather issues. Mr. Bolduc explained that the lease includes a 60%-40% split once the city’s
initial investment is recovered.
Mr. Cota noted that there will be up to $250,000 in grant money available for upgrades to
municipal buildings. Ms. Baker explained that is in partnership with Efficiency Vermont, and the
city is looking to use those funds for Wheeler House and Fire Station #2.
Ms. McQuillen noted that every year they hold events for the Police, Scouts, groups of Social
Workers, school retreats, etc. She hoped that when the city has catering needs, they will call on
Common Roots.
10.Receive a proposed amendment to the Official Map #OM-22-01 and possible
warning of a public hearing for 6 June 2022 of same:
Mr. Conner said the amendment is a “place holder” for how the bike/ped bridge would be
received on either side of the bridge. He showed a map of the area and indicated where the
bridge would connect to Dorset Street, Williston Road and Quarry Hill Road. The Planning
Commission held a public hearing and voted unanimously to submit this to the Council.
Sen. Chittenden asked if this forecloses the option to work with UMall. Mr. Conner said not at
all, and that staff has had preliminary conversations with the new owners of the Mall.
Sen. Chittenden then moved to warn a public hearing on Official Map amendment #OM-22-01
on 6 June 2022, at 7:00 p.m. Ms. Emery seconded, and the motion passed with all present
voting in favor.
Ms. Riehle asked if there has been any opposition yet. Mr. Conner said there hasn’t, but some
spaces are pretty tight, and it will be a matter of design/engineering.
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18 APRIL 2022
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11.Consider submittals for Congressional Directed Spending Request:
Mr. Bolduc said the city gets annual notices regarding “earmarks” for the appropriation bill.
Three requests were submitted last year, and Regional Dispatch was awarded $750,000. There
has now been discussion as to what to put forth this year. Projects should be “shovel-ready”
with available matching funds. The 3 projects being considered are City Center Park connection,
Garden Street/Williston Road connection, and energy efficiency upgrades at the Bartlett Bay
Treatment Plant.
Ms. Emery moved to approve the submittals for Congressional Directed Spending consideration
as presented. Sen. Chittenden seconded. Motion passed with all present voting in favor.
12.Per City’s Motor Vehicle and Traffic Ordinance, consider adopting a Resolution
establishing speed limits and sign placements throughout the city:
Mr. Bolduc said this is an ongoing effort to upgrade the Ordinance.
Sen. Chittenden noted that former Police Chief Whipple had said there is nothing on the books
regarding a speed limit on Kennedy Drive, and that has now been corrected.
Ms. Emery asked what triggers a stop sign. Ms. Baker explained that there is a warrant for that
which requires a traffic count.
Sen. Chittenden the moved to adopt the Resolution establishing speed limits and sign
placements as presented. Ms. Emery seconded. Motion passed with all present voting in favor.
Ms. Baker noted that this is a new process for her. She feels it gets the City Council into a “no-
win” position and recommended that when the Ordinance is updated it should be in
conjunction with the City Manager and Public Works department.
13.Discuss a set of proposed Bylaws for the City’s Statutory and Policy Advising
Committee:
Ms. Baker cited the need to put in place clear directions to facilitate important discussions. The
city has hundreds of volunteers on committees which involve hundreds of staff hours, and it is
important to give them direction as to how to operate. Ms. Baker then identified the proposed
changes:
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18 APRIL 2022
PAGE 7
a.The annual work plan is codified
b.There will be a staff liaison to every board/committee
c.The Council is in a liaison position for each advisory committee (not a voting
member) to work on an annual work plan and to help address concerns
Ms. Riehle said she felt all committees need to be retrained regarding the Open Meeting Law.
She also noted there was a time when the Council was trying to organize an orientation for all
committees. She wanted committee members to feel they can participate from the beginning.
Sen. Chittenden said the pandemic put a lot of this on hold. He liked the ideas that have been
put forward.
Ms. Baker said they will add the orientation and will find a time to bring it back to the Council
for adoption.
Ms. Emery asked for careful consideration so people don’t feel their concerns are not being
heard fairly.
Mr. Cota said he liked the idea of a Council liaison and also liked the idea of committee chairs
meeting together.
14. Discussion and possible adoption of the FY23 Policy Priorities and Strategies
Process:
Ms. Baker said FY23 will be heavy with updating the Comprehensive Plan. She drew attention
to the timetable which includes a Council retreat in June. She suggested they could kick-off the
Comprehensive Plan process that day as well.
Sen. Chittenden moved to adopt the FY23 Policy Priorities and Strategies Process as presented.
Ms. Emery seconded. Motion passed with all present voting in favor.
15.Convene as South Burlington Liquor Control Commission to consider the following:
Eco Bean and Greens, 1st Class Restaurant/Bar License; Higher Ground, 1t Class & 3rd Class
Restaurant/Bar License and Entertainment License; Parkway Diner, 1st. Class and 3rd Class
Restaurant/Bar License and Outdoor Consumption Permit
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18 APRIL 2022
PAGE 8
Sen Chittenden moved that the Council convene as Liquor Control Commission. Mr. Cota
seconded. Motion passed with all present voting in favor.
Sen. Chittenden moved to approve the Licenses as presented. Ms. Emery seconded. Motion
passed with all present voting in favor.
Sen. Chittenden moved to reconvene as City Council. Ms. Emery seconded. Motion passed
with all present voting in favor.
16.Executive Session:
Mr. Cota moved that the Council enter into executive session for the purpose of discussing real
estate transactions and evaluation and possible appointment of city commissioners or board
member and inviting Ms. Baker and Mr. Bolduc into the session. Ms. Emery seconded. Motion
passed with all present voting in favor. The Council entered executive session at 8:50 p.m. and
resumed open session at 8:56 p.m.
By a motion made and duly seconded, the Council appointed John Stern to fill the remaining
open term on the Development Review Board. The motion passed with all present voting in
favor.
17.Councilors’ Reports from Committee Assignments:
Ms. Riehle: Updated members on the Climate Task Force.
Ms. Emery: Update members on the public input session held by the Airport Rezoning Task
Force. She noted the Task Force next meeting will be 28 April at 7 p.m.
18.Other Business:
Sen. Chittenden requested that Green Mountain Power come before the Council to talk about
their future plans in South Burlington.
Ms. Emery reminded residents to be considerate with outdoor campfires.
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18 APRIL 2022
PAGE 9
As there was no further business to come before the Council Ms. Emery moved to adjourn.
Sen. Chittenden seconded. Motion passed unanimously. The meeting was adjourned at
9:01 p.m.
_________________________________
Clerk
CITY COUNCIL 2 MAY 2022
The South Burlington City Council held a regular meeting on Monday, 2 May 2022, at 6:30
p.m., in the Auditorium, 180 Market Street, and by Go to Meeting remote participation.
MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, Sen. T. Chittenden, M. Cota
ALSO PRESENT: J. Baker, City Manager; D. Kinville, City Clerk; P. Conner, Director of Planning &
Zoning; T. DiPietro, Public Works Director; M. Machar, Finance Officer; P. Taylor, M. O’Brien B.
Sirvis, R. Greco, J. Bellevance, J. Louisos, S. Dopp, J. Leas, C. Trombly, L. Kupferman, S. Dooley, A.
Jensen-Vargas
1. Instructions on exiting building in case of emergency and review of technology
option:
Ms. Baker provided instructions on emergency exit from the building and reviewed technology
options.
2.Additions, deletions or changes in the order of Agenda items:
Ms. Baker noted there were copies of some amendments to the Agenda.
3.Comments and questions from the public not related to the agenda:
Ms. Groeneveld asked the Council to be sure to treat people kindly and cited recent comments
made by one Council member about another member. She said that issues require solutions
and kindness, and everyone should feel safe and welcome.
4.Announcements and City Manager’s Report:
Council members spoke of meetings and events they had attended.
Ms. Baker: Noted that Chittenden County is rated high in reported COVID cases, and
members of the staff have been affected. She urged people to remain at home if they are sick.
The City is switching to a new email system. City IT personnel will help Council
members to make the switch.
Staff is considering how to integrate Policies and Strategies with the
Comprehensive Plan kickoff. The hope is to find a date when the most people can participate.
Staff is in the final stages of adopting the Red Rocks Park management plan.
CITY COUNCIL
2 MAY 2022
PAGE 2
Ashley will be leaving the city as of Friday as she has accepted a position in
Burlington as Director of Capital Projects. It will be hard to fill her shoes.
Public Works and CWD are beginning to explore water power expansion. This
will require a bond vote. A second tank at Dorset Street and one at the Auclair property are
being explored.
The city did not receive the Transportation Grant, and staff is now looking at a
way to expand the paving program. The entire budget is now devoted to Dorset St.
Committee openings have been posted, and applications are due by 25 May.
Saturday (7 May) is Green Up Day. Residents can pick up bags at City Hall and
drop off filled bags at Public Works.
Last Saturday featured both Tyke Baseball and a Senior Center Brunch.
5.Consent Agenda:
a.Approve and Sign Disbursements
b.Approve Minutes from 7 February, 7 March and 4 April 2022 City Council
Meetings
c.Receive report from staff on Veterans Park at Dorset Street
Ms. Riehle noted that Veterans Park issues will be on an upcoming agenda.
Ms. Emery moved to approve the Consent Agenda as presented. Sen. Chittenden seconded.
Motion passed unanimously.
6.Receive an Update from the Cemetery Sextons:
Mr. Taylor reminded the Council that the Council is the Cemetery Commission (by State Law);
the Sextons are in charge of maintenance.
Mr. Taylor then showed photos of the 2 cemeteries. He noted that a person has been doing
“ground sonar” to determine where there are no unmarked graves. There are also clean-up
plans for the Shelburne Road cemetery on 9 July which will include headstone cleaning in
conjunction
CITY COUNCIL
2 MAY 2022
PAGE 3
with the Vermont Old Cemetery Association (VOCA).
Ms. Kinville then reviewed items identified in 2019 for the Sextons to address. These include:
accurate listing of all resting souls, grave stone realignment and repair, fencing, lot pricing, and
beautification (e.g., benches). Ms. Kinville noted there is no accurate list of resting souls.
Shelburne Road fencing needs addressing, and Eldridge has one section of fencing down due to
an automobile accident. The Sextons are looking to create a reflection are with benches, etc.
Ms. Kinville noted that when the City of Burlington still owned the Eldridge Cemetery, indigent
residents were buried with no records. Partial sonar has verified some open areas.
Ms. Kinville then showed a comparison of South Burlington lot prices with those of nearby
municipalities. The Sextons are recommending prices be increased to $500 for residents and
$700 to non-residents. There is also a possibility of smaller plots for urn burials.
Mr. Taylor showed a photo of the broken fencing at Eldridge and said it should be replaced with
the same kind of fencing and a barrier to prevent it from being hit again. He noted that this is
the area where soldiers from the War of 1812 are buried. He also noted that the Airport took
down some fencing. Ms. Riehle said she would talk with them again. Mr. Taylor noted the city
should check to be sure it received insurance money from the accident that took down some of
the fencing. Ms. Emery felt the City should put up the fencing. Sen. Chittenden noted that the
fencing is a requirement of State Law.
Ms. O’Brien noted that due to wet conditions at Shelburne Road, the cemetery is difficult to
use, and there is question as to whether it should be for urns only with a reflection area. Ms.
Kinville showed a picture of the swale area and indicated a possible reflection site. Mr. Taylor
said it could be a very beautiful spot.
7.Public Hearing on Proposed Amendments to Land Development Regulations (LDR-
22-01, LDR-22-02, LDR-22-03, LDR-22-04):
Sen. Chittenden moved to open the public hearing. Ms. Emery seconded. Motion passed
unanimously.
Mr. Conner noted these are the amendments that the Council warned last month. No
additional public comments have been received. Mr. Conner also noted the Council had made
some amendments, and the Planning Commission updated its report to reflect that.
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2 MAY 2022
PAGE 4
Ms. Louisos summarized the amendments, noting that they create a General PUD type for areas
that didn’t yet have a PUD type. The Commission also considered some site amenities similar to
those in the Form Based Code area (e.g., small parks) and set standards for site plan review.
Public comment was then solicited. There were no public comments.
Ms. Emery said she received an email with concern as to whether a park lot could be located
where homes used to be. Mr. Conner explained that the land in question is still zone R-4.
Mr. Cota asked if there is discretion for the DRB to work with developers regarding amenities.
Mr. Conner said there are many amenities that can be applied, which allows for discretion. Ms.
Louisos said that some of the areas involved are very close to parks, and up to 50% of an
amenity can be applied to an off-site amenity.
Mr. Cota asked whether commercial properties now have a PUD type. Mr. Conner said they do.
Mr. Cota then asked about a security area that is on the fence where the regulations call for a
parking lot to be. He asked how someone would comply with that. Mr. Conner explained that
any commercial project is an amendment to a site plan. Whether it amends a Master Plan
depends of the nature of the Master Plan. Any application is subject to the regulations in place
at that time. Mr. Conner stressed that no new Master Plan has yet been applied for under the
new regulations. He added that if a building is part of the security fence, an applicant can build
parking in front of that building.
Ms. Emery then moved to close the public hearing. Mr. Barritt seconded. Motion passed
unanimously.
8.Possible action to approve amendments to Land Development Regulations
following the public hearing:
Ms. Emery moved to approve the proposed amendments to the Land Development Regulations
#LDR-22-01, LDR-22-02, LDR-22-03 and LDR-22-04 as warned. Mr. Cota seconded. Motion
passed unanimously.
9.Discuss the Status of Beta’s permitting and Legislative Bill H736 regarding
municipal zoning, parking and the Airport:
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2 MAY 2022
PAGE 5
Ms. Baker said this is a South Burlington success story with a cutting edge company wanting to
expand into the city. When there were issues, people worked quickly to address them. This
included special hearings to take more testimony from Beta on 25 April, and ultimate DRB
approval. Regarding Legislative Bill H736, language was ultimately removed so there were no
unintended consequences to the Chamberlin neighborhood.
Ms. Riehle commended the Planning & Zoning Department which wrote a decision in 24 hours
when this could typically take 45 days. Time was of the essence, and Ms. Riehle commended
the Department on behalf of the City Council and cited the very dedicated employees who
serve the city. Mr. Cota added praise for the work of Development Review Planner Marla
Keene.
Ms. Emery noted that some members of the Planning Commission were directly contacted by
members of the Transportation Committee whom she thanked for their effort.
Sen. Chittenden noted that H736 has passed the House but not yet the State Senate. There
have been many versions, and language is now coming back to the Senate and will then go to
the Governor.
Mr. Barritt noted that everyone understood the importance of this project and its ability to
reduce pollution and noise. He felt that new doors are opening, and that ultimately the project
was approved locally.
Mr. Cota cited the “embarrassment of talent” in South Burlington and suggested that the city
should have a lobbyist in Montpelier as the City of Burlington does. He said that is how
legislation gets developed. Ms. Emery felt the local legislators were the city’s lobbyists. Sen.
Chittenden felt that the multiple voices made the issue unnecessarily complex.
Mr. Klugo, representing Beta, asked what the process is for going back and having the design as
submitted be approved. Mr. Conner explained that the current application was approved by the
DRB. Any new application could be submitted under the new regulations just adopted. The
approved application would have to lapse or be amended, which is the standard practice. Mr.
Conner stressed that what the DRB approved was an amended application that complied with
the regulations in effect at that time. The DRB did not approve an application under the
amendments approved by the Council at this meeting.
CITY COUNCIL
2 MAY 2022
PAGE 6
Ms. Greco asked how the State got involved. Ms. Baker explained that the Governor can get
involved because what was being applied for was good for the state to meet its climate change
goals. Sen. Chittenden noted that the original language was very broad, and he suggested less
broad language and said he felt the language wasn’t needed at all. Ms. Riehle noted that she
had served in both houses of the State Legislature, and said that she would be very rich if she
had a dollar for every time language in a bill was changed or people changed their minds. She
cited the need to compromise.
10.Approve the Bylaws for Committees Established by the South Burlington City
Council:
Ms. Baker cited her surprise at how many committees there are and how they operate under
separate rules. The Bylaws provide for annual training for committees, appointment process for
City Council liaisons, the ability of the Planning Commission to appoint sub-committees, and a
section on conduct.
Mr. Cota moved to approve the Bylaws for Committees as presented. Mr. Barritt seconded.
Motion passed unanimously.
Ms. Riehle said these Bylaws will be very helpful as the Council makes its next round of
appointments.
11.Affordable Housing Committee and Housing Trust Fund to present their
recommendations on using ARPA funding to incentivize the development of
affordable housing:
Mr. Trombly reviewed the Committee’s work to narrow down an RFP process. Realizing how
fast the money needs to be used, they utilized existing channels. They also looked at how other
communities had used their ARPA funds. The recommendation they came up with was
unanimously approved by the Committee.
Some of the elements of the RFP are:
a.All proposals have to have a minimum percentage of affordability
b.The developer must have provided this type of housing previously
c.The developer must be able to provide the project within the timeline
d.The applicant can strengthen an application in a number of ways:
CITY COUNCIL
2 MAY 2022
PAGE 7
1.Exceeding the inclusionary requirement
2.Providing home ownership (not just rental)
3.Going beyond the energy efficiency requirement
4.Providing a mix that includes 2 and 3 bedroom units
5.Providing more than one housing type
6.Demonstrating how they will use the ARPA funds
The developer will also have to indicate what kind of outreach they will use.
Ms. Riehle said she thought the plan would be for exclusively affordable housing, not a mix. Mr.
Kupferman said they wanted to encourage a developer who wasn’t going to include affordable
housing to do so and to provide a chance for other developers to provide more affordability. He
stressed that $1,000,000 won’t build a whole significant project. Ms. Riehle noted Habitat for
Humanity provides 100% affordability and ownership at less than $1,000,000. Mr. Kupferman
said this proposal does not preclude Habitat.
Ms. Emery felt that 15% affordable units was too low. Mr. Trombly said they wanted to
encourage a wide range of applications, things no one had thought of. Ms. Emery said they
should think higher and bigger, such as a Habitat or Cathedral Square. Mr. Trombly said the
ARPA money wouldn’t be the only funding source. The $1,000,000 is being added to get
affordable housing. Mr. Kupferman noted that based on time constraints, if a project isn’t in the
pipeline now, it wouldn’t be able to apply now.
Ms. Riehle said she was disappointed they weren’t asking for net zero. She noted Habitat’s
annual heating bill is $300., which is affordable. She also wanted the ARPA money to have a
lasting impact on the community, and she had envisioned it going to affordable owner-occupied
units all over the city. Mr. Kupferman said their thought was not to make it so difficult that
nobody applies, which is why they said “close to net zero.” Mr. Trombly stressed that an
application that ticked off multiple criteria would rise to the top.
Mr. Barritt said the city won’t see any applicants unless a developer already has a design and
sees they can get some money from the city. He also stressed that land is so expensive that you
are never going to get those smaller buildings.
Ms. Dooley said she spoke with the Executive Director of Habitat and asked if they had ever
built a net zero house. He said they had built one and “would never do it again.” The cost is
prohibitive and not worth it because you are taking money away from building more homes.
CITY COUNCIL
2 MAY 2022
PAGE 8
Ms. Dooley also noted she had sent the Habitat Director the Committee’s proposal and he was
“thrilled.”
Ms. Jensen-Vargas said she loved the Habitat model but noted it does not create a “generational
model” (i.e., passing the property on to your kids to give them a “leg up”). She said the
Committee hoped the proposed model could reach out to new Americans and the most
disadvantaged people to build generational wealth. Ms. Dooley reminded the Council that State
law requires that an “affordable” unit remain perpetually affordable.
Mr. Barritt then moved to approve the recommendations of the Affordable Housing Committee
and Housing Trust Fund as presented. Mr. Cota seconded. Motion passed unanimously.
12.Review the Quarter 3 Financial Report:
Ms. Machar reported that spending is at 60% of the budgeted projection, and revenues are at
90%. There are some things not yet paid for, but at present things are looking good for the year
end. The local option taxes have come in higher than anticipated. There will also be a savings
from a console that is now not needed.
Ms. Emery asked if there is any impact due to inflation. Ms. Machar said the biggest impact is
on utilities and capital projects with costs much higher than anticipated. Ms. Baker said it
would be good to think about how to use any surplus to address some of the inflationary costs.
Sen. Chittenden said this was the best prepared report he had seen in 8 years. Ms. Baker
credited Ms. Machar for presenting the information and developing the report.
Mr. Barritt asked if there have been any ‘bites’ on 19 Gregory Drive. Ms. Baker said there have
been initial conversations. The property is now vacant and is a challenging site. Some FY22
dollars will be used for painting, etc. Ms. Baker also noted the market is flooded at this time.
13.Discuss the FY22 Community Services Funding allocations:
Ms. Machar directed attention to the chart of what had been done in the past 5 years. Staff’s
recommendation is to use the $15,500 as it has been used in the past year. Ms. Riehle noted a
request from Dr. Childs for $13,000 for the Youth Center and that the city had given them
$11,000 last year. Ms. Machar said that came from the surplus.
CITY COUNCIL
2 MAY 2022
PAGE 9
Ms. Riehle moved to approve the Distribution of Community Services Funding as recommended
by staff. Mr. Barritt seconded. Motion passed unanimously.
14.Convene as South Burlington Liquor Control Commission to consider the following:
Gonzo’s Indoor Golf Club, 1st Class & 3rd Class Restaurant/Bar License; Waffle
Chalet (renewal), 1st Class Restaurant/Bar License:
Ms. Emery moved to convene as Liquor Control Commission. Mr. Barritt seconded. Motion
passed unanimously.
Ms. Emery moved to approve the liquor licenses as presented. Mr. Barritt seconded. Motion
passed unanimously.
Mr. Cota moved to reconvene as City Council. Mr. Barritt seconded. Motion passed
unanimously.
15.Councilors’ Reports from Committee Assignments:
Ms. Emery: At the final meeting of the Airport Rezoning Task Force, members voted
unanimously to deny the Airport’s rezoning request because it was not in line with the City’s
Comprehensive Plan. The request and Task Force recommendation will now go to the Planning
Commission. If the vote to deny the request, it will not come to the City Council; otherwise the
Council will see it. Ms. Emery cited the excellent job done by Kelsey Peterson and consultant
Brandy Saxton.
Ms. Riehle: The Climate Task Force members wanted to send interim recommendations to
the Council related to building requirements, but the determination was to wait for a more
formal process. The Task Force has not yet received updated emission numbers for the city, so
it has not yet set new goals.
Ms. Riehle: The scheduled Airport Commission meeting was cancelled.
Mr. Cota: On 17 May, GMT will decide whether to continue zero fares. The time to
advocate is now. Fare boxes would have to be updated and there is no budget for this. They
would have to come up with a new way to collect fares or continue with zero fares.
CITY COUNCIL
2 MAY 2022
PAGE 10
16.Other Business:
Mr. Barritt asked to get some work done on Dorset Street to address pothole, etc. Ms. Baker
said this can be done.
17.Consider entering executive session for the purpose of discussing labor relations
agreements with employees:
Mr. Barritt moved that the Council make a specific finding that premature general public
knowledge of the Council’s discussions regarding the negotiation of labor agreements with City
employees would clearly place the public body at a substantial disadvantage. Ms. Emery
seconded. Motion passed unanimously.
Mr. Barritt then moved that the Council enter executive session for the purpose of discussing
the negotiation of labor agreements with City Employees inviting Ms. Baker and Mr. McNeil into
the session. Ms. Emery seconded. Motion passed unanimously.
The Council entered into executive session at 10:12 p.m. and resumed open session at 10:35
p.m.
As there was no further business to come before the Council Mr. Barritt moved to adjourn.
Ms. Emery seconded. Motion passed unanimously. The meeting was adjourned at 10:35 p.m.
_________________________________
Clerk
City of South Burlington General Ledger
Expenditure Report - GENERAL FUND
Current Year Period 10 April
% Budget Unencumbered FY-21/22 MTD
Account Budget Expenditures Expended Balance Pd 10 Apr
GENERAL GOVERNMENT EXP.
CITY COUNCIL $136,690.00 $73,893.19 54.06% $62,796.81 $0.00
ADMINISTRATIVE INSURANCE $5,660,585.96 $3,567,769.56 63.03% $2,092,816.40 $290,235.84
CITY MANAGER $450,292.08 $364,484.83 80.94% $85,807.25 $2,263.13
LEGAL/ACCOUNTING ACTUARY $319,463.83 $225,528.71 70.60% $93,935.12 $16,590.18
ADMINISTRATIVE SERVICES $1,130,930.19 $834,032.04 73.75% $296,898.15 $124,401.91
INFORMATION TECHNOLOGY $271,001.01 $222,509.43 82.11% $48,491.58 $21,057.00
CITY CLERK $261,237.66 $199,291.06 76.29% $61,946.60 $17,098.45
ASSESSING/TAX/FINANCE $303,082.50 $256,177.25 84.52% $46,905.25 $20,581.78
PLANNING/DESIGN REVIEW $402,954.07 $340,485.61 84.50% $62,468.46 $33,852.96
OPERATING TRANSFERS OUT $784,940.00 $629,940.00 80.25% $155,000.00 $0.00
Total GENERAL GOVERNMENT EXP.$9,721,177.30 $6,714,111.68 69.07% $3,007,065.62 $526,081.25
PUBLIC SAFETY
FIRE DEPARTMENT $3,389,789.16 $2,791,594.25 82.35% $598,194.91 $242,773.65
ELECTRICAL INSPECTIONS $1,450.00 $0.00 0.00% $1,450.00 $0.00
AMBULANCE $202,900.00 $85,200.78 41.99% $117,699.22 $8,724.99
POLICE DEPARTMENT $5,273,261.62 $4,032,311.58 76.47% $1,240,950.04 $419,774.86
OPERATING TRANSFERS OUT $872,000.00 $861,202.73 98.76% $10,797.27 -$160.66
Total PUBLIC SAFETY $9,739,400.78 $7,770,309.34 79.78% $1,969,091.44 $671,112.84
STREETS & HIGHWAYS
HIGHWAY DEPARTMENT $3,221,317.45 $2,356,907.90 73.17% $864,409.55 $160,733.51
Total STREETS & HIGHWAYS $3,221,317.45 $2,356,907.90 73.17% $864,409.55 $160,733.51
CULTURE AND RECREATION
RECREATION ADMINISTRATION $362,721.68 $244,281.38 67.35% $118,440.30 $29,208.81
PROGRAMS $23,000.00 $5,971.37 25.96% $17,028.63 $763.44
RED ROCKS PARK $11,000.25 $9,374.67 85.22% $1,625.58 $34.40
FACILITIES $76,400.00 $15,492.55 20.28% $60,907.45 $1,453.47
SENIOR PROGRAMS $32,500.00 $19,683.75 60.57% $12,816.25 $5,680.68
SPECIAL ACTIVITIES $137,100.00 $39,514.40 28.82% $97,585.60 $2,168.54
PUBLIC LIBRARY $814,254.67 $600,596.61 73.76% $213,658.06 $91,212.29
CAPITAL/PARK MAINTENANCE $312,503.02 $245,035.96 78.41% $67,467.06 $25,004.61
SoBu Night Out $27,000.00 $21,463.84 79.50% $5,536.16 $0.00
Telephone $2,400.00 $813.18 33.88% $1,586.82 $91.05
Total CULTURE AND RECREATION $1,798,879.62 $1,202,227.71 66.83% $596,651.91 $155,617.29
Total OTHER OPERATING ENTITIES $763,543.49 $773,738.56 101.34% -$10,195.07 $176,157.00
CURRENT PRINCIPAL BONDS $1,020,386.32 $1,211,244.59 118.70% -$190,858.27 $586,223.59
CURRENT INTEREST BONDS $480,971.59 $305,984.85 63.62% $174,986.74 $145,488.11
Total GENERAL FUND $26,745,676.55 $20,334,524.63 76.03% $6,411,151.92 $2,421,413.59
City of South Burlington General Ledger
Expenditure Report - ENTERPRISE FUND/W.P.C.
Current Year Period 10 April
% Budget Unencumbered FY-21/22 MTD
Account Budget Expenditures Expended Balance Pd 10 Apr
W/POLLUTION CONTROL EXPS.
Salaries-Permanent $597,791.71 $524,049.38 87.66% $73,742.33 $73,979.02
Payment to Highway-wages $280,454.00 $280,454.00 100.00% $0.00 $0.00
Leave Time Turn-In $7,976.39 $0.00 0.00% $7,976.39 $0.00
Salaries-Overtime $50,000.00 $64,282.26 128.56% -$14,282.26 $5,780.22
Payment to Sick Bank Fund $6,250.00 $6,250.00 100.00% $0.00 $0.00
Payroll Svc & Testing to $1,825.00 $1,825.00 100.00% $0.00 $0.00
PAFO Certification $11,400.00 $8,798.81 77.18% $2,601.19 $876.88
Sick Bank Payouts $10,000.00 $0.00 0.00% $10,000.00 $0.00
FICA/Medicare $51,803.36 $45,502.76 87.84% $6,300.60 $5,029.93
Payment to Highway-FICA/M $21,454.73 $21,454.73 100.00% $0.00 $0.00
Nontaxable Fringe Ben.$4,800.00 $300.00 6.25% $4,500.00 $0.00
Vision Plan $973.59 $568.60 58.40% $404.99 $56.75
Disability Income $2,009.01 $2,364.05 117.67% -$355.04 $0.00
Long Term Disability Insu $3,831.84 $0.00 0.00% $3,831.84 $0.00
Group Health Insurance $183,863.39 $62,169.29 33.81% $121,694.10 $23,064.08
Group Life Insurance $1,643.25 $676.85 41.19% $966.40 $0.00
Group Dental Insurance $9,126.27 $4,924.70 53.96% $4,201.57 $492.47
Pension $71,337.26 $60,675.94 85.06% $10,661.32 $18,684.73
ICMA Match $22,851.77 $17,727.50 77.58% $5,124.27 $1,702.00
Pension Note Payment $39,075.00 $39,075.00 100.00% $0.00 $0.00
Office Supplies $2,000.00 $2,440.27 122.01% -$440.27 $0.00
Plant Supplies $100,000.00 $104,956.62 104.96% -$4,956.62 $21,078.32
Polymer $75,000.00 $73,922.25 98.56% $1,077.75 $0.00
Sewer Line Maint/Supplies $30,000.00 $140,180.68 467.27% -$110,180.68 $21,759.27
Pumping Station Supplies $25,000.00 $20,642.93 82.57% $4,357.07 $285.92
Laboratory Supplies $11,500.00 $11,306.46 98.32% $193.54 $1,468.67
Caustic Soda and Lime $110,000.00 $80,126.69 72.84% $29,873.31 $14,358.53
Alum $125,000.00 $168,574.19 134.86% -$43,574.19 $13,027.88
Water-Airport-B/B-Pump $1,400.00 $1,331.64 95.12% $68.36 $77.76
Generator Preventive Main $8,000.00 $3,428.61 42.86% $4,571.39 $1,450.77
Clothing Supplies $3,750.00 $1,697.78 45.27% $2,052.22 $59.85
Truck Parts $7,500.00 $10,332.73 137.77% -$2,832.73 $37.32
Gas - Diesel Fuel - Oil $11,000.00 $15,022.34 136.57% -$4,022.34 $3,965.64
Fuel - Airport Parkway $55,000.00 $52,675.55 95.77% $2,324.45 $9,544.96
Fuel - Bartlett Bay $6,000.00 $7,005.22 116.75% -$1,005.22 $1,391.14
Telephone and Alarms $6,500.00 $5,619.16 86.45% $880.84 $560.27
Memberships/Dues $4,000.00 $995.00 24.88% $3,005.00 $0.00
Discharge Permits $15,000.00 $7,504.93 50.03% $7,495.07 $0.00
Workers Comp Insurance $37,101.47 $38,520.98 103.83% -$1,419.51 $0.00
Property Insurance $60,640.99 $63,660.48 104.98% -$3,019.49 $0.00
Unemployment Insurance $820.00 $0.00 0.00% $820.00 $0.00
Safety $5,000.00 $11,886.95 237.74% -$6,886.95 $1,355.55
Billing Payment to CWD $66,135.00 $33,067.50 50.00% $33,067.50 $0.00
Soil/Sludge Management $120,000.00 $114,578.95 95.48% $5,421.05 $10,859.41
Landfill Fees $2,000.00 $0.00 0.00% $2,000.00 $0.00
HVAC Maintenance $17,500.00 $28,892.23 165.10% -$11,392.23 $1,371.56
Auditing $6,214.00 $6,214.00 100.00% $0.00 $0.00
Engineering/Consulting $17,500.00 $29,992.01 171.38% -$12,492.01 $0.00
Landfill Engineering $15,000.00 $13,208.79 88.06% $1,791.21 $0.00
PMT TO STORMWATER-GIS $1,500.00 $0.00 0.00% $1,500.00 $0.00
Administrative Services $150,336.00 $150,336.00 100.00% $0.00 $0.00
Burlington Sewer Lines $0.00 $1,402.50 100.00% -$1,402.50 $0.00
Travel & Training $6,000.00 $6,267.13 104.45% -$267.13 $345.75
Utilities-Pumping Station $85,000.00 $75,821.22 89.20% $9,178.78 $9,018.97
Utilities--L/Fill Station $1,500.00 $824.03 54.94% $675.97 $0.00
Electric-Airport Parkway $190,000.00 $163,852.82 86.24% $26,147.18 $23,003.66
Electric-Bartlett Bay $120,000.00 $109,211.28 91.01% $10,788.72 $2,019.34
Replacement-Vehicles $40,000.00 $39,345.82 98.36% $654.18 $0.00
Building Improvements $5,000.00 $3,317.13 66.34% $1,682.87 $0.00
Pumps Replacements $50,000.00 $52,250.44 104.50% -$2,250.44 $5,012.84
Pump Repairs $40,000.00 $38,061.41 95.15% $1,938.59 $0.00
Sewer blockage Removal $50,000.00 $33,254.78 66.51% $16,745.22 $0.00
PMT to SW for Hadley Loan $73,000.00 $73,648.00 100.89% -$648.00 $0.00
Bartlett Bay Upgrades $400,000.00 $93,158.03 23.29% $306,841.97 $0.00
Loan for Hadley Sewer $173,235.58 $111,786.68 64.53% $61,448.90 $0.00
Loan for Airport Parkway $965,647.23 $0.00 0.00% $965,647.23 $0.00
Capital Improvements-CIP $260,000.00 $225,080.93 86.57% $34,919.07 $0.00
Total ENTERPRISE FUND/W.P.C.. 4934246.84 $3,366,502.01 68.23% $1,567,744.83 $271,719.46
Total All Funds $4,934,246.84 $3,366,502.01 68.23%$1,567,744.83 $271,719.46
City of South Burlington General Ledger
Expenditure Report - STORM WATER UTILITIES
Current Year Period 10 April
% Budget Unencumbered FY-21/22 MTD
Account Budget Expenditures Expended Balance Pd 10 Apr
S/WATER UTILITIES EXPS
Salaries-Permanent $535,755.79 $392,336.55 73.23% $143,419.24 $46,218.15
Payment to Highway-Wages $78,215.00 $78,215.00 100.00% $0.00 $0.00
Salaries-Overtime $23,000.00 $19,606.84 85.25% $3,393.16 $1,047.74
Payment to Sick Bank Fund $6,250.00 $6,250.00 100.00% $0.00 $0.00
Payroll Svc & Testing to $1,825.00 $1,825.00 100.00% $0.00 $0.00
FICA/Medicare $42,744.82 $33,393.17 78.12% $9,351.65 $3,890.29
Nontaxable Fringe Benefit $4,200.00 $300.00 7.14% $3,900.00 $0.00
Vision Plan $711.61 $312.30 43.89% $399.31 $31.23
Disability Income Insuran $5,566.44 $2,281.45 40.99% $3,284.99 $0.00
Group Health Insurance $144,151.53 $176,905.69 122.72% -$32,754.16 $46,163.86
Health Insurance FICA $1,119.96 $0.00 0.00% $1,119.96 $0.00
Group Life Insurance $1,417.89 $692.50 48.84% $725.39 $0.00
Group Dental Insurance $6,630.42 $3,051.04 46.02% $3,579.38 $314.14
Pension $77,649.74 $0.00 0.00% $77,649.74 $0.00
ICMA Match $26,603.23 $17,220.58 64.73% $9,382.65 $1,602.04
Pension Note Payment $26,910.00 $26,910.00 100.00% $0.00 $0.00
Office Supplies $1,000.00 $1,239.30 123.93% -$239.30 $0.00
Small Equipment/Tools $2,500.00 $1,577.25 63.09% $922.75 $0.00
Uniforms/Supplies $6,000.00 $3,004.02 50.07% $2,995.98 $93.96
Gasoline $2,500.00 $1,401.65 56.07% $1,098.35 $348.68
Oil $300.00 $219.26 73.09% $80.74 $132.60
Diesel Fuel $4,000.00 $4,848.27 121.21% -$848.27 $1,945.12
Permit Requirement-Educat $8,500.00 $6,000.00 70.59% $2,500.00 $0.00
Telephone $2,000.00 $1,397.49 69.87% $602.51 $85.35
Postage $50.00 $44.61 89.22% $5.39 $0.00
Membership/Dues $300.00 $213.00 71.00% $87.00 $45.00
Discharge Permits Renewal $18,000.00 $16,395.20 91.08% $1,604.80 $0.00
Workers Comp Insurance $23,921.76 $24,837.00 103.83% -$915.24 $0.00
Property Insurance $14,023.76 $14,721.12 104.97% -$697.36 $0.00
Unemployment Insurance $820.00 $0.00 0.00% $820.00 $0.00
GIS-Fees/Software $50,000.00 $34,900.16 69.80% $15,099.84 $7,307.09
Sediment & Depris Disposa $500.00 $0.00 0.00% $500.00 $0.00
Water Quality Monitoring $30,000.00 $3,138.42 10.46% $26,861.58 $0.00
Building/Grounds Maint $250.00 $0.00 0.00% $250.00 $0.00
Vehicle Maintenance $5,500.00 $9,104.68 165.54% -$3,604.68 $74.64
Storm System Maint Materi $55,000.00 $13,276.09 24.14% $41,723.91 $0.00
Printing $100.00 $30.00 30.00% $70.00 $0.00
Legal Services $5,000.00 $4,824.75 96.50% $175.25 $220.00
To GF-Audit and Actuary $3,555.00 $3,555.00 100.00% $0.00 $0.00
Engineering-Watershed $60,000.00 $3,253.75 5.42% $56,746.25 $0.00
Billing Payment CWD $66,135.00 $33,067.50 50.00% $33,067.50 $0.00
Office Equipment Maintena $2,000.00 $1,651.66 82.58% $348.34 $154.24
Equipment Rental $500.00 $0.00 0.00% $500.00 $0.00
Administrative Services $134,392.00 $134,761.75 100.28% -$369.75 $369.75
Conference/Training Expen $4,000.00 $924.38 23.11% $3,075.62 $0.00
S/W Bldg Utilities $3,000.00 $2,952.14 98.40% $47.86 $505.83
Stormwater Pumps Electric $300.00 $84.78 28.26% $215.22 $20.55
Vehicles/Equipment $200,000.00 $56,704.01 28.35% $143,295.99 $12,000.00
Stormwater Capital Projec $4,303,957.00 $3,378,659.79 78.50% $925,297.21 $70,214.08
Office Furniture/Equipmen $2,500.00 $1,360.70 54.43% $1,139.30 $0.00
Flow Restoration Plan Ana $7,500.00 $0.00 0.00% $7,500.00 $0.00
FICA Payment to Highway $18,773.00 $18,773.00 100.00% $0.00 $0.00
Total S/WATER UTILITIES EXPS $6,019,628.95 $4,536,220.85 75.36% $1,483,408.10 $192,784.34
Total STORM WATER UTILITIES $6,019,628.95 $4,536,220.85 75.36%$1,483,408.10 $192,784.34
City of South Burlington General Ledger
Revenue Report - GENERAL FUND
Current Year Period 10 April
Estimated Received % Budget Uncollected FY-21/22 MTD
Account Revenue To Date Received Balance Pd 10 Apr
TAX REVENUE
TAX REVENUE $17,693,404.56 -$17,219,869.60 97.32% $473,534.96 -$59,965.70
LOCAL OPTION TAXES $3,800,000.00 -$2,787,864.40 73.36% $1,012,135.60 $0.00
Total TAX REVENUE $21,493,404.56 -$20,007,734.00 93.09% $1,485,670.56 -$59,965.70
INTEREST/PENALTY ON TAX $357,300.00 -$274,719.30 76.89% $82,580.70 -$4,474.30
Other Health Services $0.00 -$231,770.05 100.00% -$231,770.05 -$12,222.88
CITY MANAGER $517,632.00 -$668,443.46 129.13% -$150,811.46 -$9,740.20
CITY CLERK $312,000.00 -$304,953.90 97.74% $7,046.10 -$34,106.20
PLANNING $353,100.00 -$480,473.37 136.07% -$127,373.37 -$66,053.48
FIRE DEPARTMENT $440,700.00 -$578,246.08 131.21% -$137,546.08 -$125,642.46
ELECTRICAL INSPECTION $70,000.00 -$38,538.94 55.06% $31,461.06 -$12,713.20
AMBULANCE $910,000.00 -$660,624.64 72.60% $249,375.36 -$93,527.66
POLICE DEPARTMENT $452,375.00 -$325,720.51 72.00% $126,654.49 -$54,795.22
HIGHWAY DEPARTMENT $1,550,386.00 -$1,062,183.08 68.51% $488,202.92 -$81,527.44
Senior Programs $36,500.00 -$7,182.00 19.68% $29,318.00 -$963.00
SPECIAL ACTIVITIES $207,600.00 -$115,370.57 55.57% $92,229.43 -$13,750.00
PUBLIC LIBRARY $44,679.00 -$6,181.40 13.84% $38,497.60 -$752.85
Total DEPARTMENTS $5,252,272.00 -$4,754,407.30 -90.52% $497,864.70 -$510,268.89
Total GENERAL FUND $26,745,676.56 -$24,762,141.30 92.58%$1,983,535.26 -$570,234.59
City of South Burlington General Ledger
Revenue Report - ENTERPRISE FUND/W.P.C.
Current Year Period 10 April
Estimated Received % Budget Uncollected FY-21/22 MTD
Account Revenue To Date Received Balance Pd 10 Apr
OPERATING TRANSFERS IN
Grant-FEMA Reimbursement $0.00 -$124,669.08 100.00% -$124,669.08 $0.00
CHARGES FOR SERVICES
W.P.C. User Fees $3,900,000.00 -$3,088,253.38 79.19% $811,746.62 -$252,619.81
W.P.C. Truck Charges $20,000.00 -$1,978.00 9.89% $18,022.00 $0.00
Connection Fees $200,000.00 -$650,016.20 325.01% -$450,016.20 -$153,414.91
Enviromental Impact $0.00 -$6,477.00 100.00% -$6,477.00 $0.00
Total CHARGES FOR SERVICES $4,120,000.00 -$3,746,724.58 90.94% $373,275.42 -$406,034.72
BOND AND LOAN PROCEEDS
Colchester A/P Pkwy Pmt $742,310.00 -$742,310.00 100.00% $0.00 $0.00
GF Note Repay-Solar $0.00 -$12,005.00 100.00% -$12,005.00 -$12,005.00
Total BOND AND LOAN PROCEEDS $742,310.00 -$754,315.00 101.62% -$12,005.00 -$12,005.00
MISCELLANEOUS
Miscellaneous Rev.-W.P.C $11,434.00 -$11,397.07 99.68% $36.93 -$2,058.67
Operating Transfer In $0.00 -$15,964.00 100.00% -$15,964.00 -$15,964.00
Total MISCELLANEOUS $11,434.00 -$27,361.07 239.30% -$15,927.07 -$18,022.67
Total ENTERPRISE FUND/W.P.C.$4,873,744.00 -$4,653,069.73 95.47% $220,674.27 -$436,062.39
City of South Burlington General Ledger
Revenue Report - STORM WATER UTILITIES
Current Year Period 10 April
Estimated Received % Budget Uncollected FY-21/22 MTD
Account Revenue Applied For To Date Received Balance Pd 10 Apr
S/WATER UTILITIES REVENUE
Intergovernmental Revenue $2,920,000.00 $0.00 -$1,541,876.25 52.80% $1,378,123.75 -$1,134,565.62
S/W User Fees - Water Bil $2,528,629.00 $0.00 -$2,033,558.26 80.42% $495,070.74 -$255,431.63
Payment from GF re: GIS $38,000.00 $0.00 -$18,000.00 47.37% $20,000.00 $0.00
Pmts from other towns $60,000.00 $0.00 -$19,640.41 32.73% $40,359.59 $0.00
Stormwater Miscellaneous $0.00 $0.00 -$180,595.73 100.00% -$180,595.73 $1,134,853.12
Hadley Sewer Proj-Sewer f $73,000.00 $0.00 -$73,648.00 100.89% -$648.00 $0.00
Reserve Transfer In $400,000.00 $0.00 $0.00 0.00% $400,000.00 $0.00
Operating Transfer in $0.00 $0.00 -$255,020.40 100.00% -$255,020.40 -$255,020.40
Total S/WATER UTILITIES REVENUE $6,019,629.00 $0.00 -$4,122,339.05 68.48% $1,897,289.95 -$510,164.53
Advisory Committee
Meeting #7
May 18th, 2022
Agenda
Project Overview
Chittenden County I-89 2050 Study
There is significant uncertainty about where people will live and how they will
travel in the future due to the COVID-19 pandemic, technology,
demographics, and other dynamics. We recognize that the I-89 Vision, Goals,
Objectives and implementation actions that will follow will need to be
reassessed periodically to ensure that they address the evolving situation.
Vision Statement
The 2050 Vision for the I-89 Corridor through Chittenden County is an interstate
system (mainline and interchanges) that is safe, resilient, and provides for reliable and
efficient movement of people and goods in support of state, regional, and municipal
plans and goals.
Chittenden County I-89 2050 Study
Goals
•Safety: Enhance safety along the I-89 Study Corridor and areas
surrounding adjacent interchanges for all users.
•Livable, Sustainable and Healthy Communities: Promote compact,
smart growth that supports livable, affordable, vibrant, and healthy
communities.
•Mobility & Efficiency: Improve the efficiency and reliability of the I-89
Corridor and Adjacent Interchanges for all users.
•Environmental Stewardship & Resilience: Establish a resilient I-89
Corridor that minimizes environmental impacts associated with the
transportation system.
•Economic Access & Vitality:Improve economic access and vitality in
Chittenden County.
•System Preservation: Preserve and improve the condition and
performance of the I-89 Corridor.
Summer 2019 Summer 2019 –Winter 2020 Fall 2019 –Summer 2020 Summer 2020 –Spring 2021 Summer 2021 –Spring 2022 Spring 2022 Summer 2022
Public Input
Corridor “Bundle”
Overview
Developing & Evaluating I-89 Corridor “Bundles”
INTERCHANGE
EVALUATIONSafety, ITS,
Transit,
Bike/Ped,
HOV
Lanes,
Additional
Lanes
Round 1
Screening
Round 2
Screening
1.Corridor Assessment
Identify potential
recommendations based on
stakeholder input and
technical evaluation
CORRIDOR EVALUATION
Developing & Evaluating I-89 Corridor “Bundles”
INTERCHANGE
EVALUATIONSafety, ITS,
Transit,
Bike/Ped,
HOV
Lanes,
Additional
Lanes
Round 1
Screening
Round 2
Screening
1.Corridor Assessment
Identify potential
recommendations based on
stakeholder input and
technical evaluation
2.Bundle Evaluation
Assemble and evaluate
“bundles” of multimodal
improvements
Five Bundles Identified & Advanced
into Implementation Plan
1.2050 Base
2.TDM
3.TDM + Exit 14 DDI
4.TDM + Exit 14 DDI + Exit 12B
5.TDM + Exit 14 DDI + Exit 13 SPDI
CORRIDOR EVALUATION
Developing & Evaluating I-89 Corridor “Bundles”
INTERCHANGE
EVALUATIONSafety, ITS,
Transit,
Bike/Ped,
HOV
Lanes,
Additional
Lanes
Round 1
Screening
Round 2
Screening
Implementation
Plan & Final
Report
1.Corridor Assessment
Identify potential
recommendations based on
stakeholder input and
technical evaluation
2.Bundle Evaluation
Assemble and evaluate
“bundles” of multimodal
improvements
3.Implementation Plan
Develop Implementation Plan
with monitoring & project
triggers for major capital
improvements
Five Bundles Identified & Advanced
into Implementation Plan
1.2050 Base
2.TDM
3.TDM + Exit 14 DDI
4.TDM + Exit 14 DDI + Exit 12B
5.TDM + Exit 14 DDI + Exit 13 SPDI
CORRIDOR EVALUATION
Overview of Corridor “Bundles”
▪Bundle 1 (2050 Base)
–TIP and MTP projects included
–MTP assumed 90% of household growth in existing
centers, significant bike/ped, transit investments, increased
participation in TDM programs, and electrification of 90%
of light vehicle fleet
Overview of Corridor “Bundles”
▪Bundle 1 (2050 Base)
–TIP and MTP projects included
–MTP assumed 90% of household growth in existing centers, significant bike/ped, transit investments,
increased participation in TDM programs, and electrification of 90% of light vehicle fleet
▪Bundle 2 (Transportation Demand Management)
–2050 Base + Additional TDM, Walk, Bike, Transit &
Telecommute Measures
–TDM Focus Group identified package of TDM measures
•Could reduce VMT by up to ~20%
Strategic Model Evaluation
Selected the low
Vehicle Miles Traveled
(VMT) Scenario
Overview of Corridor “Bundles”
▪Bundle 1 (2050 Base)
–TIP and MTP projects included
–MTP assumed 90% of household growth in existing
centers, significant bike/ped, transit, and TDM investment
▪Bundle 2 (Transportation Demand Management)
–2050 Base + Additional TDM & Telecommute Measures
–TDM Focus Group identified package of TDM measures
•Up to ~20% reduction in VMT
▪Bundle 3 (Exit 14 Diverging Diamond Interchange)
–Bundle 2 + Exit 14 DDI
Exit 14 DDI
Overview of Corridor “Bundles”
▪Bundle 1 (2050 Base)
–TIP and MTP projects included
–MTP assumed 90% of household growth in existing
centers, significant bike/ped, transit, and TDM investment
▪Bundle 2 (Transportation Demand Management)
–2050 Base + Additional TDM & Telecommute Measures
–TDM Focus Group identified package of TDM measures
•Up to ~20% reduction in VMT
▪Bundle 3 (Exit 14 Diverging Diamond Interchange)
–Bundle 2 + Exit 14 DDI
▪Bundle 4 (Exit 14 DDI + Exit 12B)
–Bundle 3 + Exit 12B
Exit 12B
Overview of Corridor “Bundles”
▪Bundle 1 (2050 Base)
–TIP and MTP projects included
–MTP assumed 90% of household growth in existing
centers, significant bike/ped, transit, and TDM investment
▪Bundle 2 (Transportation Demand Management)
–2050 Base + Additional TDM & Telecommute Measures
–TDM Focus Group identified package of TDM measures
•Up to ~20% reduction in VMT
▪Bundle 3 (Exit 14 Diverging Diamond Interchange)
–Bundle 2 + Exit 14 DDI
▪Bundle 4 (Exit 14 DDI + Exit 12B)
–Bundle 3 + Exit 12B
▪Bundle 5 (Exit 14 DDI + Exit 13 Single Point
Diamond Interchange)
–Bundle 3 + Exit 13 SPDI
Exit 13 SPDI
Comparing Bundles: 2050 PM Peak Hour Volume/Capacity Ratio
2050 Base -PM Peak 2050 Bundle 2 -PM Peak (w/ TDM Measures)
2050 PMv/c Ratio 2050 PM
v/c Ratio
Comparing Bundles: 2050 PM Peak Hour Volume/Capacity Ratio
2050 Bundle 3: Exit 14 DDI + Full TDM 2050 Bundle 3: Exit 14 DDI
2050 PM
v/c Ratio
2050 PMv/c Ratio
2050 No Build 2050 Base Bundle 2 Bundle 3 Bundle 4 Bundle 5
Metric TIP Only
MTP
(except I-89
placeholders)
TDM +
Telework Exit 14 DDI
Exit 14 DDI +
Exit 12B
Exit 14 DDI +
Exit 13 SPDI
Model Wide
VMT 5,397,421 5,197,692 4,189,124 5,154,464 5,169,913 5,158,763
Fuel Consumption / GHG Emissions 42,167 40,607 32,728 40,269 40,390 40,303
Exit 14 Volume
Total Trips through Exit 14 interchange (vpd)55,092 51,823 42,258 47,181 42,619 38,069
I-89 & I-189 Mainline
Miles of I-89 with v/c > 0.9 PM Peak Hour 1.34 1.34 0 1.34 1.34 1.34
Segment Exit 14-15 Exit 14-15 Exit 14-15 Exit 14-15 Exit 14-15
Miles of I-189 with v/c > 0.9 PM Peak Hour 0.28 0.28 0 0.28 0.28 0
Segment E of Shelburne Rd E of Shelburne Rd E of Shelburne Rd E of Shelburne Rd
Change in Volume on Arterial Corridors (vpd)
Williston Road (east of Dorset St)29,326 25,826 22,334 24,571 20,445 22,624
Change vs. 2050 Base -14%-5%-21%-12%
Dorset Street (south of Williston Road)24,760 20,715 16,978 19,042 17,286 14,301
Change vs. 2050 Base -18%-8%-17%-31%
Winooski Main Street Bridge over Winooski River 44,380 38,338 32,288 38,535 37,985 37,716
Change vs. 2050 Base -16%1%-1%-2%
Lime Kiln Road 12,374 12,523 10,067 12,576 11,778 12,034
Change vs. 2050 Base -20%0%-6%-4%
Bundle Evaluation Observations
1.VMT estimated to increase 28%from 2020 to 2050 No Build (4.2M > 5.4M)
2.TDM, Bike/Ped, and Transit Elements of MTP reduce 2050 VMT by 4%
3.Bundle 2 reduces VMT another 20%compared to 2050 Base (brings regional VMT down to 2020 levels)
4.Both Exit 12B and the Exit 13 SPDI reduce volumes through Exit 14 (18%and 27%, respectively) compared with the 2050 Base
5.Both Exit 12B and the Exit 13 SPDI reduce volumes along Williston Road and Dorset Street compared with the 2050 Base
32
4
5
Implementation Plan
Overview
Implementation Plan Overview
▪The Implementation Plan provides a
framework for implementing the
recommendations from the I-89 2050 Study.
▪For each recommendation, the
Implementation Plan identifies:
–Corridor Recommendations
–Timeframe (Short, Medium, Long)
–Evaluation Metrics / Triggers
–Cost Estimate
–Implementing Lead/Partners
–Next Steps
▪The Implementation Plan also identifies the need
for a Corridor Monitoring Committee to evaluate
data, trends, and triggers on an annual basis.
Example Recommendation
Relocate Exit 14 Northbound Off-Ramp & Signal
•Description: Relocate Exit 14 NB off-ramp signal
away from Dorset Street
•Timeframe: Medium Term (6-10 years)
•Project Trigger: Complete Exit 14 Scoping Study
•Cost Estimate: $1,000,000
•Implementing Agency: VTrans
Implementation Plan: Short Term Actions (1-5 Years)
▪Convene I-89 Corridor Monitoring Committee Periodically to Review Data and Triggers
▪Develop a Plan to Advance & Monitor Identified TDM Measures
–Increase teleworking by 50%
–Double trips made by bicycle
–Triple transit services and improve frequencies
–Double participation in TDM program
–Increase cost of parking
–Mileage-based user fee
▪Complete Exit 14 Supplemental Scoping Study
–Initiate Supplemental Scoping Study to select a preferred alternative for Exit 14
▪Monitor Electric Vehicle Market Penetration
–Coordinate with VTrans and VEIC
▪Implement Mileage-Based Fee
–Track implementation of a mileage-based user fee for electric vehicles
▪Install Traffic Count Loops on Interchange Ramps
–To assist with corridor data collection, monitoring
Implementation Plan: Medium Term Actions (6-15 years)
▪Changeable Message Boards
–Install in both directions between each interchange
▪TDM Plan Implementation
–Work with partners to implement TDM measures
▪Interchange Ramp Geometric Improvements
–Safety & Operational Changes at Exit 14 Ramps (pending
results of Exit 14 Scoping Study)
•Reduce radii at existing ramps to improve bike/ped safety
•Relocate Exit 14 northbound off-ramp & signal
–Various additional interchange ramp merge, acceleration,
and deceleration lane improvements
▪Construct Additional Park & Ride and Multimodal
Transit Intercept Facilities along I-89
–Regional Park & Ride Study Currently Underway
▪Exit 12B / Exit 13 Environmental Impact Statement
–Initiate NEPA process for Interchange Evaluation (if
triggers met)
Ramp Geometric Evaluation
Relocated Exit 14 NB Off-Ramp
Implementation Plan: Medium Term Actions (6-15 years)
▪Changeable Message Boards
–Install in both directions between each interchange
▪TDM Plan Implementation
–Work with partners to implement TDM measures
▪Interchange Ramp Geometric Improvements
–Safety & Operational Changes at Exit 14 Ramps (pending
results of Exit 14 Scoping Study)
•Reduce radii at existing ramps to improve safety
•Relocate Exit 14 northbound off-ramp & signal
–Various additional interchange ramp merge, acceleration, and
deceleration lane improvements
▪Construct Additional Park & Ride and Multimodal
Transit Intercept Facilities along I-89
–Regional Park & Ride Study Currently Underway
▪Exit 12B / Exit 13 Environmental Impact Statement
–Initiate NEPA process for Interchange Evaluation (if triggers
met)
EIS Triggers
Exit 12B / Exit 13 Environmental Impact
Statement
1.Complete TDM Evaluation
2.Complete Exit 14 Scoping Study
3.Congestion: Williston Rd/Dorset St
intersection v/c > 0.9 for 2+ hours
4.Safety: Actual / Critical Crash Rate > 1.0
during previous 2 years
Implementation Plan: Long Term Actions (15+ Years)
▪Interchange Ramp Geometric Improvements
–Interchange ramp merge, acceleration, and
deceleration lane improvements at Exits 11 & 13
(requires bridge widening)
EXAMPLE: Exit 11 Northbound On-Ramp Acceleration Lane
Implementation Plan: Long Term Actions (15+ Years)
▪Interchange Ramp Geometric Improvements
–Various interchange ramp merge, acceleration, and
deceleration lane improvements (requires bridge
widening)
▪I-89 Mainline Environmental Impact
Statement (EIS)
–Conduct an EIS to identify alternatives to alleviate
capacity constraints on the I-89 Mainline (if triggers
met)
EIS Triggers
I-89 Mainline Environmental Impact Statement
1.Volume: Segment AADT trend > 70,000 within 15 years
2.Capacity: Peak hour segment v/c trend exceeds 0.9 for 2+
hours within 15 years
3.Safety: Segment Actual / Critical Crash Rate > 1.0
4.Reliability: Level of Travel Time Reliability < 90%
Requested Motion #1
Approve the I-89 Corridor Implementation Plan to
Guide Investments along I-89 in Chittenden County
through 2050.
Implementation Plan: Monitoring & Triggering
▪From the Study’s Vision Statement:
We recognize that the I-89 Vision, Goals, Objectives
and implementation actions will need to be monitored
and reassessed periodically to ensure that they
address the evolving situation.
▪Establish a Corridor Monitoring Committee to
assist the CCRPC & VTrans to review data, trends,
and triggers periodically.
▪Committee to review:
–Transportation Demand Management Implementation
–Traffic Volumes Trends
–Crash Data Trends
–Interstate Reliability Trends
–Mode Shift Trends
Requested Motion #2
Approve the formation of the I-89 Corridor Monitoring
Committee to meet periodically to review the status of
the Implementation Plan including updated metrics,
project triggers, and advise CCRPC & VTrans on project
implementation.
Next Steps
Stay Connected!
Web: www.envision89.com
Twitter: @envision89
Facebook: Envision89
Thank you for all of your
time, effort, and energy
over the last three years!
Next Steps
▪Advisory Committee Meeting #7 |Today
▪Final Report |Summer 2022
April 29, 2022
Jessie Baker
South Burlington City Manager
575 Dorset Street
South Burlington, VT 05403
Dear Jessie:
According to the bylaws of the Chittenden County Regional Planning Commission, the term of the
representatives and alternates will be for two years beginning July 1. Communities whose beginning
letter falls between L-Z shall appoint a representative in odd numbered fiscal years (FY23).
We are requesting that you have your legislative body take action to appoint/reappoint a
representative and an alternate to the following three committees for a term of two years beginning
July 1, 2022 through June 30, 2024.
1.CCRPC Board of Representatives
2.CCRPC Transportation Advisory Committee
3.CCRPC Clean Water Advisory Committee
The CCRPC strives for diversity and equity in our representation, and we encourage municipalities to
consider CCRPC Board and committee members and alternates who represent our increasingly diverse
populations.
We ask that you complete the included appointment form and submit it via email to
evaughn@ccrpcvt.org by May 31, 2022.
Thank you for your assistance in this matter.
Sincerely,
Emma Vaughn
Communications Manager
Attachment
cc: Current CCRPC Board Representative: Chris Shaw
Current CCRPC Board Alternate: Meaghan Emery
Helen Riehle, Chair, South Burlington City Council
110 West Canal Street, Suite 202
Winooski, VT 05404-2109
802-846-4490
www.ccrpcvt.org
To: Chittenden County Regional Planning Commission
This will inform you that at our meeting of ______________________________ we voted to appoint the following as
our representatives to the three committees below for a term of two years commencing July 1, 202Ϯ and ending June
30, 202ϰ:
1.Board of Directors
Representative:Name:____________________________ Address:_______________________________
Address Cont.:____________________________________________________________
Home Phone:_________________________ Work Phone:_________________________
Email:___________________________________________________________________
Alternate Representative: Name:____________________________ Address:_______________________________
Address Cont.:____________________________________________________________
Home Phone:_________________________ Work Phone:_________________________
Email:___________________________________________________________________
2. Transportation Advisory Committee
Representative:Name:____________________________ Address:_______________________________
Address Cont.:____________________________________________________________
Home Phone:_________________________ Work Phone:_________________________
Email:___________________________________________________________________
Alternate Representative: Name:____________________________ Address:_______________________________
Address Cont.:____________________________________________________________
Home Phone:_________________________ Work Phone:_________________________
Email:___________________________________________________________________
3. Clean Water Advisory Committee
Representative:Name:____________________________ Address:_______________________________
Address Cont.:____________________________________________________________
Home Phone:_________________________ Work Phone:_________________________
Email:___________________________________________________________________
Alternate Representative: Name:____________________________ Address:_______________________________
Address Cont.:____________________________________________________________
Home Phone:_________________________ Work Phone:_________________________
Email:___________________________________________________________________
Sincerely,
________________________________
Signature
________________________________
Name and Title
________________________________
Municipality
the South Burlington City Council
Chris Shaw
Can be reached at 180 Market Street, South Burlington, VT 05403
jshaw5226@aol.com
Meaghan Emery 180 Market Street
South Burlington, VT 05403
(802) 264-9636
memery@southburlingtonvt.gov
Tom DiPietro 104 Landfill Road
South Burlington, VT 05403
(802) 658-7961
tdipietro@southburlingtonvt.gov
Adam Cate 104 Landfill Road
South Burlington, VT 05403
(802) 658-7961
acate@SouthBurlingtonVT.gov
Dave Wheeler 104 Landfill Road
South Burlington, VT 05403
(802) 658-7961
dwheeler@southburlingtonvt.gov
Christine Gingras 104 Landfill Road
South Burlington, VT 05403
(802) 658-7961
ChristinCGingras@southburlingtonvt.gov
Helen Riehle, Council Chair
City of South Burlington
Memo
To: Jessie Baker, City Manager
From: Adam Cate, Deputy Director of Public Works
Holly Rees, Recreation and Parks Director
Re: Veteran’s Memorial Park Baseball Field Conditions
Date: April 25, 2022
As you may remember, the last Recreation and Parks budget presentation to City Council on December
6 included two pages of deferred maintenance in the parks that would need to addressed in upcoming
budget cycles to safely maintain our current inventory of amenities. At that point, some discussion was
given as to the need to potentially bond for these improvements, though the conversation was
appropriately deferred to the upcoming FY24 Policy, Priorities and Planning process.
As the playing season is now upon us, we wanted to provide some reference for why field conditions are
a challenge, a proposed plan for improvement and a time line of communication with the SBLL user
group who are active in advocating for these needed improvements.
Challenging Conditions:
Heavy Soils:
The Park is constructed on clay and backfill. These types of soil/materials do not drain
well. The Park was not built with any drainage in the fields. There are catch basins
located throughout the Park that drain off some of the water but don’t address the
standing water on playing surfaces. Staff recommends having a contractor that
specializes in field drainage make some recommendations on a solution.
Irrigation:
A fully functional irrigation system traditionally helps support a softer infield, however, a
break in the line last year mixed with supply chain delays, contributed to dry conditions
for the entirety of the baseball season. The part has since been replaced and water will
be turned on this week now that the ground is fully thawed from the winter.
Drainage:
Swales have been designed to move water throughout the park and the City’s
storm water team works to ensure all catch basins are clear of debris and fully
functional, however, staff have highlighted areas of ballfield playing areas that are
problematically wet and will submit the map to the contractor(s) as their initial point of
reference during their evaluation period.
Roles and Responsibilities:
Just as it is DPW’s job to fix potholes, so too is it the job of our seasonal staff to
prepare the fields and prep them for play. There have been offers from
coaches to help clean up the ball fields and prepare them for use, but without the
proper training and expertise, this leaves the fields vulnerable. As a Recreation and
Parks Department, it is our mission to ensure that the entire community has equitable
access to our facilities. We plan for the care of our amenities through our full time
and seasonal maintenance staff. Experience has shown that improper care of the fields
leads to worsening difficult conditions; creating more unanticipated and unnecessary
work for our scheduled staff who do their best to create usable and safe play spaces for
all.
Plan for Improvement:
Routine Maintenance:
Staff:
A seasonal full-time staff member is contracted from April 1-Oct 30 to maintain all
athletic fields and does so in concert with the full time DPW Parks Staff. This same
individual has been maintaining the ballfields for more than the 12 years. He takes
great pride in them and does a good job bringing them up to the best condition
possible given the circumstances. Ball fields are mowed, raked, dragged, painted and
chalked for each scheduled game. Any addition work done specifically to ball fields has
largely been of the routine maintenance type.
Supplies:
We use an infield mix that is a specific ballfield mix used by many local baseball fields
including SBHS; we traditionally share in bulk ordering of the materials to save on costs.
Fencing:
Two years ago, Middlebury fence came and removed many posts that had concrete
footings which the frost had pushed up, which raised the height of the fence. They
replaced with longer posts with no footings in an effort to eliminate the frost issue. We
will evaluate the fencing each spring and highlight any additional posts that have moved
and plan for their replacement; ideally in the subsequent fiscal year.
Clean Up/Green Up Day:
While the spring weather is always a challenge and unpredictable, it makes sense to try
to collaborate on an event that would support player participate to clean up and green
up the ball fields. Similar to Green Up Day, we could pick up trash on and around the
ballfields, clean out dugouts (removing gum and graffiti) as well as testing the hoses and
ensuring storage sheds are cleaned, organized and well stocked for the season.
Additionally, we could have our seasonal staff member in attendance to do a coaches
training on how to use the supplies; setting the expectation of what to do and not to do
when you arrive and leave a field. Historically, in all sports, user groups are eager to play
on fields that simply aren’t ready; creating unsafe conditions for players and long-term
damage to the play surfaces. An educational opportunity like this could have great
benefits for all. The challenge to this, is in scheduling such an event that allows for lead
time ahead of game schedule but also accounts for the wet April conditions. A
recommendation for the future is to not schedule games ahead of May 1st, which would
give some time to plan for and include a Clean Up/Green Up prep day.
FY23 CIP: Projects approved to start this coming July
Skinning of the Softball Field and Jaycee ($25K)
Funds to support rebuilding of the mounds at Veterans Memorial Baseball Fields ($10K)
Potential Projects for FY24 CIP:
Irrigation system upgrade $50K
Athletic Field Improvements $200K
Parking Lot Paving $100K
Dug Out Replacement $35K
Replacement Fencing for Backstops $ awaiting quote from Middlebury Fence Company
Parks Master Plan:
As we move through the next steps with Priorities and Strategies for FY24, the need for a
Parks Master Plan will being rising to the top of the Recreation and Parks Committee’s
proposed project list. This important work would give us a road map of existing parks,
their conditions and sustainable maintenance needs, as well as provide guidance for
future park planning and development. No specific money in the historic CIP’s has been
earmarked for ball fields and this opportunity could address some of the bigger
maintenance issues for this park, and others, moving forward.
Communication Time Line:
Summer 2021
Irrigation system was in disrepair last season as a there was piece on back order with supply
chain issues. Recreation and Parks staff met with Baseball Board President and Field
Maintenance Representative to discuss dry field conditions and also drainage issues. The two
parties agreed that the Recreation and Parks Department would contact a field expert to
come assess all the fields at Veteran’s Memorial and create a spreadsheet of what needed to be
done to get them to ideal playing conditions.
Fall 2021
Recreation and Parks Department Staff met with Matt Thomas (Thomas Fields Solutions of NY)
on site to review the user concerns and to complete an audit of our fields. In late October Matt
gave us pricing for all total projects to support building out future years of the CIP as the current
FY23 was taking on previous years of deferred projects due to COVID. Being respectful to needs
and historic requests, the projects selected for the FY23 project were; (1) The skinning of the
Softball Field and Jaycee and (2) Funds to support rebuilding of the mounds at Veterans
Memorial Baseball Fields to be fully funded in the FY23 CIP.
December 2021
In December Holly presented to City Council the projects for FY23 CIP as well as the need to
support deferred maintenance for all parks (inclusive of aforementioned Vet Memorial Baseball
field improvements) City Council discussed the need for a potential future bond to catch up on
the deferred maintenance to be determined at a later date.
Winter 2022
In January the Recreation and Parks Department learned that there was new SBLL Board
President and made arrangements in February to meet. In Mid-February Recreation and Parks
Department Staff met with new President and the Board Field Maintenance Rep to review
needs and confirmed the project list with funding needs and the timeline for project
completion: indicating that we would work with the SBLL board and its members in the early
fall 2022 to strategize their support for advocacy with upcoming budget and commit to any
fundraising goals if needed.
Spring 2022
In March the City received an email from a Baseball Board member asking to move up CIP items
and also evaluate storm water issues at Vet Memorial Park. In April, I discussed the need for
storm water systems to be reviewed at Vet Memorial Park with Tom DiPietro. Tom agreed to
check the systems to ensure catch basins were clear and functioning properly. In late April,
I met with both Tom DiPietro and Adam Cate to discuss recent drainage at Vet Memorial Park
on the baseball fields; highlighting particular areas of need so Adam could evaluate what could
be done inhouse vs the need to bid out a contract. This map is in the process of being reviewed.
Memo
To: Jessie Baker, City Manager
From: Holly Rees, Recreation and Parks Director
Date: May 12, 2022
Re: Veteran’s Memorial Park Baseball Field Updates
There has been progress in some areas of concern with the Veteran’s Memorial Park baseball fields. Below
is a list of updates from my last memo, a reminder of the CIP projects associated with the fields approved
for FY23, and a listing of projects and associated costs needed to bring the fields up to optimal conditions. I
will request funding for these projects ($379,219) as part of the FY24 CIP.
1)UPDATES:
Irrigation update: Irrigation is now fully functional. The system is triggered by a humidity meter to call for
water as needed during the over night hours. This is to allow for both maintenance and play to be
scheduled during the day. Grounds keepers can call for the irrigation system if needed during the day and
additionally hoses that connect to the irrigation water source on each field can be used to water down the
infield by coaches as needed.
Action to Improve Mounds: While a full rehabilitation of the three pitching mounds at Veteran’s Memorial
is planned in FY23; a group of Little League parents have offered to fortify the mounds now to promote
safe play for the season.
Drainage/Water: A member of the stormwater team has cleaned out adjacent catch basins to ensure
proper function, however this does not help with the overall standing water issues on the field. When the
fields where built, there was not underdrainage conceptualized as part of that project. This combined with
the heavy soils contributes to the sometimes-wet conditions that prevent safe play. We have identified the
compromised athletic surface areas and are working with a contractor to get a quote for installation of
drainage.
Bathrooms: Veteran’s Memorial Bathrooms are currently functional. There is a CIP Project that has begun
permitting for the installation of a new bathroom facility installation this summer. Part of this proposed
plan, in addition to doubling the rest room capacity, imagines room for cold storage at the park. As this
new amenity comes on-line, we will work with SBLL to see what storage needs we might be able to
accommodate for them on-site at the park. They currently pay to lease an off-site storage facility, as their
historic arrangement with SBFD to meet storage needs ended several years ago.
Snack Shack Removal: We are in the process of removing the defunct “snack shack” that SBLL no longer
has the capacity to upgrade or manage. Wet field conditions and unstable trailer structure have made this
a difficult endeavor; but we are working through our staff resources to get the trailer stable and moved as
soon as possible. The removal of this will help to beautify the park. We are hopeful to have some time over
the winter to revitalize this trailer and make it road worthy again to bring to events such as Saturday
morning soccer to serve hot chocolate out of.
2)APPROVED FY23 CIP PROJECTS FOR BALLFIELDS AT VETERANS MEMORIAL
Total Cost of Pitching Mound Upgrades: $9,194
Babe Ruth $3,350.00
Includes field mapping, layout and elevations. Complete clay brick install, pitcher mound
and home plate surround. Establish proper elevations and orientation of home plate and
the pitcher’s rubber. Establish proper slop of pitchers’ mound.
Little League $5,844 ($2,922 each)
Includes field mapping and elevations. Complete clay brick install, pitchers’ mound and
home plate surround. Establish proper elevations and orientation of home plate and
the pitchers rubber. Establish proper slop of pitchers’ mound.
3)COST OF ADDITIONAL IMPROVEMENTS FOR OPTIMAL PLAY: $379,219 *doesn’t include drainage
Back Stop Fencing: $76,263.00
Babe Ruth Field – 38,168.66
180’ wide (varying from 9’-11’ from post to post)
18’ high (6’ from horizontal post to horizontal post)
Little League 1 – 19,047.18
40’ wide (varying from 9’-10’ from post to post)
16’ high (6’ from horizontal post to horizontal post for 2 sections, then last 4’ angled at 45⁰)
Little League 2 – 19,047.18
40’ wide (varying from 9’-10’ from post to post)
16’ high (6’ from horizontal post to horizontal post for 2 sections, then last 4’ angled at 45⁰)
Dug Outs: $105,000 total cost ($35,000 per set)
The dug outs were constructed years ago in conjunction with South Burlington Little League and
through a contract with the Burlington Technical School. As these dug outs age, they are showing
signs of wear and tear as well as structural water damage. Though fresh pain has been applied as
needed and shingle repair when required, the time to preplace has arrived. At Vet Memorial there
are three sets of dug outs; a total of 6 needing replacement.
Irrigation Upgrades: $50,000
Assessment of and upgrades to our 15+ year old irrigation system on all baseball fields and two
designated soccer fields.
Parking Lot: $100,000
Repaving the southern parking lot at Veterans Memorial Park; which provides access for most
baseball field use.
Field Upgrades: $38,956
Babe Ruth Field $31,476
Re-Sod Infield $18,600
Remove existing sod from infield and slightly into foul territory. Establish proper
layout and elevations. Test and amend existing soil. Import soil as needed to laser
grade subgrade. Install new athletic sod in entire infield and into the foul territory
and outfield transition. Lightly roll and fertilize. Parks staff will be responsible for
aiding in irrigation.
Basic Infield Re-Habilitation $ $3,609
Establish proper layout and elevations. Paint proper layout lines. Remove
unwanted grass and weeds Basic grading of existing infield mix.
Advanced Infield Re-Habilitation $5,032
Upon completion of basic; import customer provided infield mix onto infield.
scarify existing infield mix. Build basepaths. Laser grade skinned portions of infield
mix. Roll edges for a smooth transition.
New Bases Installed- $1,058
Includes proper layout, new breakaway base set and foundations.
Materials $4,235
(Sunset infield mix - 55 tons at $77.00/ton)
Little League Field- $7,480 ($3,740 each)
Re-Sod Path from Mound- $2,682
Establish proper layout and elevations, knife edge lines. Square existing path, shim with
soil as needed. Test and amend existing soil. Place up to 600 sq ft of sod as needed. De-
thatch, verticutt and overseed existing infield turf with seed to match newly laid sod.
Will naturally blend over following months.
New Bases Installed- $1,058
Includes proper layout, new breakaway base set and foundations.
Drainage: *Still Awaiting Quote
MEMORANDUM
TO: South Burlington City Council FROM: Andrew Bolduc, Deputy City Manager DATE: May 16, 2022 City Council Meeting RE: American Rescue Plan Act (ARPA) Funds – Community Outreach/Survey ______________________________________________________________________________
Background
At the February 22, 2022 regular City Council meeting, the Council held a discussion on its primary goals and value statements related to the expenditure of the City’s remaining American Rescue Plan
Act (ARPA) funds. As a reminder, including the “at least” $1m set aside for affordable housing
initiatives, the City has around $3.1m unallocated and/or unspent remaining. The City’s deadline to decide what to fund is December 31, 2024 and December 31, 2026 to spend. At that meeting, Council identified the following priorities:
•Maximizing Community Impact – “Biggest bang for our buck”
•Affordability – At least $1m for affordable housing
•Green & Clean – Fund further City climate initiatives
•Community Outreach – What great ideas have we not yet considered?
As later discussed at the March 21, 2022 Council meeting, the next focus will center around community outreach initiatives running through the summer months with a final staff report on
results in September. Attached in your packets please find a draft survey which, following your feedback, we will plan to widely publicize and post live on the City website later this week. You may note a few questions related to the City’s comprehensive plan. After a number of conversations with City Planning Staff, these questions are meant to both help “prime the pump” for additional upcoming Comprehensive Plan community outreach, as well as help frame the ARPA
questions with previously identified community goals and priorities.
Staff is also continuing to build a schedule of in-person outreach which will include staff and volunteers available in-person to further market the survey and provide additional engagement opportunities and feedback on both the ARPA questions and Comprehensive Plan updates. These
will include events such as: a Library-sponsored listening session later this summer; tabling at SoBu Food Truck Pick Up; SoBu Nite Out, and, an upcoming Seniors Lunch.
Discussion
Please review the attached survey and provide feedback, amendments, edits, etc. prior to distribution. What other questions or data points might be helpful to you to help reach final funding decisions this fall?
City of South Burlington ARPA Spending Survey Questions
The City of South Burlington has received approximately $5.6 million in federal economic relief funding through the American Rescue Plan Act of 2021. The purpose of these ARPA funds is to provide communities with the resources needed to:
•Fight the pandemic and support families and business struggling with its public health andeconomic impacts;
•Maintain vital public services;
•Build a strong, resilient, and equitable recovery by making investments that support long-term growth and opportunity.
To date, the City has allocated approximately $2.6m of these funds for various purposes such as
funding emergent capital needs in public safety, improving cyber security, and returning the City’s workforce. With a deadline to allocate the remaining $3m by the end of 2024 to spend by 2026, the City is seeking your input on how this money should best be spent to benefit the South Burlington Community.
Along with this once-in-a-generation funding opportunity, the City is also preparing to update its
long range Comprehensive Plan, which expires in 2024.
Question 1a
Through an extended multi-year process culminating in 2016, residents and neighbors then
identified four impassioned priorities, plans, and aspirations of the South Burlington community. These are:
•Affordable & Community Strong – Creating a robust sense of place and opportunity for
our residents and visitors.
•Walkable – Bicycle and pedestrian friendly with safe transportation infrastructure.
•Green & Clean – Emphasizing sustainability for long-term viability of a clean and green
South Burlington.
•Opportunity Oriented – Being a supportive and engaged member of the larger regional andstatewide community.
[For more specifics on these goals, click here:]
Now six years later, do you feel these remain the core priorities in this community?
[ ] Yes
[ ] No
Question 1b
If no, what should be changed, or included that is not reflected in this list?
___________________________________
Question 2
Over the past six years, how successful do you feel the City of South Burlington has been in addressing those four priorities, plans, and aspirations?
[ ] Very Successful [ ] Somewhat Successful [ ] Somewhat Unsuccessful [ ] Very Unsuccessful
[ ] Unsure/Prefer not to say
Question 3
Noting the more specific goals of each of these categories, with $100 of your municipal tax dollars
today, if you had to divide a portion into each priority, how would you like to see those dollars spent?
Affordable & Community Strong: ______/$100
Walkable: ______/$100
Green & Clean: ______/$100 Opportunity Oriented: ______/$100
Question 4
The American Rescue Plan Act identified six key purposes for use of this federal funding, these are:
•Responding to Public Health Concerns Raised by the Pandemic
•Responding to Negative Economic Impacts of the Pandemic
•Providing Services to Communities Disproportionately Impacted by COVID
•Providing Premium Pay to Essential Workers
•Improving Water, Sewer, and Broadband Infrastructure
How would you prioritize these purposes for South Burlington? Use “1” for the most important and “5” for the least important. Use the other numbers for middle ranks too.
Responding to Public Health Concerns Raised by the Pandemic: [ ] Responding to Negative Economic Impacts of the Pandemic: [ ] Providing Services to Communities Disproportionately Impacted by COVID [ ]
Providing Premium Pay to Essential Workers [ ]
Improving Water, Sewer, and Broadband Infrastructure [ ]
Question 5
The City has identified a number of potential projects eligible for these new ARPA funds. These
City projects are currently either unfunded or partially funded and we list them in no particular order. Reading them one by one, how important do you consider each of these projects to be for our community? Circle the appropriate number.
Very important = 1
Somewhat Important = 2
Not at all important = 3
Neighborhood improvement grants 1 2 3
Improve transportation services through micro-transit initiatives 1 2 3
Investing in child care centers to support working residents 1 2 3
Tourism and economic events funding 1 2 3
Public art assessment 1 2 3
Partial funding for a South Burlington indoor recreational facility 1 2 3
Additional funding to support affordable housing development 1 2 3
Diversity, equity and inclusion to ensure
equitable access to City government services
1 2 3
Provide loans/grants to businesses to offset costs
associated with retaining essential workers
1 2 3
Water and wastewater infrastructure
improvements
1 2 3
Stormwater mitigation projects 1 2 3
Improved online and remote access to government services such as land records and permitting
1 2 3
Improving City sidewalks & recreation paths 1 2 3
Additional funding for City Center projects such as the I-89 bike/pedestrian bridge 1 2 3
Fund deferred maintenance in City Parks 1 2 3
Question 6
Do you have any other ideas on how YOU would like to see this once in-a-generation funding spent
to support the community? Please explain.
_________________________________
Question 7
If the entire $3m was simplified down to $100, where would you like to see $100 of City ARPA funds spent?
Neighborhood improvement grants: ______/$100 Improve transportation services through micro-transit initiatives: ______/$100 Investing in child care centers to support working residents: ______/$100 Tourism and economic events funding: ______/$100
Public art cultural assessment: ______/$100
Partial funding for a South Burlington Indoor Recreation Facility ______/$100 Additional funding to support affordable housing development: ______/$100 Diversity, Equity and Inclusion initiatives to ensure equitable access to City government services: ______/$100
Provide loans/grants to businesses to offset costs associated with retaining
essential workers: ______/$100 Water and wastewater infrastructure improvements: ______/$100 Stormwater mitigation projects: ______/$100 Improved online and remote access to government services such as land records
and permitting: ______/$100
Improving City sidewalks & recreation paths: ______/$100 Additional funding for City Center projects such as the I-89 bike/pedestrian bridge: ______/$100 Fund deferred maintenance in City Parks: ______/$100
Other _______________________ : ______/$100
Question 8 (demographic questions)
Please identify your affiliation to South Burlington (can choose more than one)
Resident: [ ] Property Owner: [ ] Work in South Burlington: [ ]
Business Owner: [ ]
Visitor: [ ]
Location: please select the area that most closely matches where you live
South East Quadrant: [ ]
Kennedy Drive / City Center / Quarry Hill: [ ] Chamberlin/Mayfair Park/Lime Kiln: [ ] Shelburne Road / Lakeshore/Orchard: [ ]
Outside South Burlington [ ]
Personal Identification
Gender
Male: [ ] Female: [ ] Non-binary: [ ]
Prefer not to say: [ ]
Ethnicity
Caucasian: [ ]
Black/African-American: [ ]
Latino or Hispanic: [ ] Asian: [ ] Native American: [ ] Pacific Islander: [ ]
Two or More: [ ]
Other/Unknown: [ ] Prefer not to say: [ ]
Age
15-30 [ ] 31-45 [ ] 46-60 [ ] 61-75 [ ]
76+[ ]
Prefer not to say [ ]
Education
Some high school [ ]
High school/GED [ ] Bachelor’s degree [ ] Graduate degree or higher [ ]
1
LEASE AGREEMENT
This Lease Agreement (the “Lease”) dated as of the date the last party signs below
is made by and between the City of South Burlington, a Vermont municipality
located in the County of Chittenden and State of Vermont (the “Landlord”) and the
South Burlington School District, a Vermont municipality in the County of
Chittenden and State of Vermont (the “Tenant”). Each is a “party” and they are
collectively referred to as the “parties”.
In consideration of the premises and the mutual covenants and agreements herein
set forth, and in reliance on the representations and warranties contained herein,
the parties hereby agree as follows:
1.Premises. Landlord does hereby demise, let, rent and lease unto the Tenant,
and the Tenant hereby hires and rents from the Landlord, a 1.42-acre, more or less,
portion of a 4.5-acre, more or less, parcel of land located at 577 Dorset Street, South
Burlington, Vermont, (the “Property”) including the former City Hall building
thereon, being a two-story building approximately 19,300 square feet in area
(“Building”), and associated parking areas to the east, south and west of the
Building (the “Leased Premises” or “Premises”, as more particularly depicted on the
a plan attached hereto as Exhibit A and made a part hereof (the “Plan”), together
with the right of Tenant, its agents, invitees, licensees, business visitors, and
guests, in common with Landlord and others, to cross and re-cross the driveways,
parking lots, walkways, hallways, corridors and other public spaces on the Property
for the purpose of ingress and egress to and from the Premises.
2.Term of Lease. This Lease Agreement shall be effective as of the date of
execution by both parties, provided, however, the initial term shall be for a period of
three (3) years commencing on the Commencement Date, as hereafter defined, and
expiring on the day before the third anniversary of the Commencement Date (the
“Initial Term”). The parties will acknowledge the Commencement Date in writing.
Provided Tenant is not then in default of the terms and conditions hereunder,
Tenant shall have the option to extend the term of this Lease for two terms of three
(3) years each (each, an “Extension Term”) consistent with the terms and conditions
set forth herein by providing Landlord with written notice of its intention to extend
the term of this Lease delivered at least one hundred eighty (180) days prior to the
expiration of the then current term. The Initial Term and the Extension Terms are
collectively referred to herein as the “Term”.
3.Use of Premises Tenant may use the Premises for School District purposes
and uses authorized by the School District (including subsidiary uses use such as
study areas, break rooms, kitchen areas, meeting rooms and other uses compatible
with and complimentary to the use of the Premises for School District purposes and
primarily as educational administrative office space) and for no other purposes
2
without Landlord’s prior written consent, which consent shall not be unreasonably
withheld or delayed. Tenant shall, at its expense, obtain and maintain all federal,
state and municipal permits and approvals necessary for Tenant to use the
Premises for such purposes that are not otherwise the duty of Landlord as owner of
the Property, and shall be required to comply with all conditions of such permits
and approvals that relate to its ongoing use and operation of the Premises. Tenant
will operate the Premises and Tenant’s business in a manner consistent with the
character and quality of the Premises. Tenant shall keep the Premises in a neat,
clean and safe condition excluding a casualty or property damage attributable to
unusual weather, war, circumstances beyond the reasonable control or expectation
of Tenant, vandalism, etc. Tenant shall have 24-hour access to the Premises seven
days a week.
4.Rent; Additional Rent
a.Base Annual Rent. During the Term and any Extension Terms,
Tenant agrees to pay to Landlord at the address specified in Section 4(b), or at such
other location as Landlord may hereafter designate in writing, Base Annual Rent
for the Leased Premises of Ten Dollars and Zero Cents ($10.00).
b.Manner of Payment. Base Annual Rent and all other sums payable
under this Lease shall be paid without notice or demand, and the obligations and
liabilities of Tenant under this Lease shall in no way be released, discharged or
otherwise affected (except as otherwise expressly provided in this Lease herein or
by operation of Vermont law) by reason of any occurrence whatsoever. Each
installment of Base Annual Rent shall be due and payable in advance, on each
anniversary of the Commencement Date, time being of the essence. The first
payment of Base Annual Rent shall be due and payable on or before the
Commencement Date. Rent for any period of less than a full month shall be
equitably prorated. Rent shall be delivered to Landlord at the address set forth in
Section 29 of this Lease.
c.Late Payment. If Tenant shall fail to pay rent when rent is due and
payable, such failure may be cause for an Event of Default in accordance with this
Lease. Further, if Tenant shall fail to pay rent within ten (10) days from the date
due, such unpaid amounts shall bear interest from the due date to the date of
payment at the rate of three percent (3%) per annum.
d.No Accord and Satisfaction. No payment by Tenant or receipt by
Landlord of a lesser amount than any rents or sums herein stipulated shall be
deemed to be other than an account of the earliest stipulated rents or sums, nor
shall any endorsement or statement on any check or any letter accompanying any
check or payment as rent or any sums be deemed an accord and satisfaction, and
Landlord may accept such check or payment without prejudice to Landlord's right
3
to recover the balance of such rent or pursue any other remedy in this Lease
provided.
5.Security Deposit. Intentionally Omitted.
6.Condition of Premises. Landlord shall deliver the Premises to Tenant on the
Commencement Date in its current “As Is” condition. Tenant has inspected the
Premises and accepts it in “As Is” condition. Tenant shall be responsible for the
making of all alterations to the Premises or Property which are or become necessary
for its use of the building as educational administrative offices, and Tenant shall
comply with the requirements of this Lease with respect to all such alterations.
7.Termination. On the expiration date or earlier termination of the Term,
Tenant shall: (a) immediately vacate the Premises and surrender the same to
Landlord, and remove all of its personal property, equipment and trade fixtures
from the Premises and the Property; (b) repair all damage, other than reasonable
wear and tear, to the Premises and the fixtures and personal property of Landlord
located on the Premises caused by Tenant’s removal of its personal property,
equipment and trade fixtures; and (c) at the option of Tenant, in consultation with
the Landlord either: (i) abandon all improvements, alterations and modifications
made by Tenant to the Leased Premises prior to the date of termination (e.g.,
lighting fixtures, plumbing fixtures, interior walls), in which event such
improvements, alterations and modifications shall be and become, without further
action on the part of Tenant, the property of Landlord, free and clear of all claims by
Tenant and any person claiming by, through or under Tenant; or (ii) remove said
improvements, alterations and modifications and repair any damage to the
Premises or Property caused thereby; provided, however, Tenant shall not be
required to remove those improvements, alterations or modifications which were
specifically approved by Landlord in writing so long as such approval was not
conditioned on the removal of such improvements, alterations or modifications on
the termination date of the Term.
Each party’s indemnities and/or covenants set forth under Section 22 and Section
26 shall survive the termination or expiration of this Lease.
8.Option to Purchase.
a.Tenant shall have the option to purchase the Building or the Building
with a portion of the Property to be agreed upon by the Parties (“Purchase
Property”) by giving written notice thereof to Landlord at any time during the Term
of this Lease. In addition to the purchase terms outlined below, the purchase price
shall be Ten Dollars and Zero Cents ($10.00). Upon receipt of the notice of intent to
purchase, the City and the Tenant shall meet and confer within thirty (30) days of
such receipt for the purpose of reaching agreement on the property to be sold. If the
4
Parties agree that Tenant will purchase a portion of the Property in addition to the
Building, such portion to be purchased will based upon an analysis of the Parties
needs, the use of the Property, the configuration of the Property, and the
requirements of the City’s ordinances relating to land development and the division
of property at the time Tenant elects to pursue the option to purchase. If the
Parties agree that Tenant will purchase the Building only, the Parties shall
negotiate and reach agreement(s) upon such other necessary instrument(s) securing
Tenant ingress and egress and sufficient area for parking.
b.If Tenant exercises the foregoing purchase option, Landlord shall
convey the Purchase Property to Tenant, or its designee, in a manner agreeable to
the Parties. Tenant shall be responsible for obtaining all zoning, land use and any
other government approvals necessary to purchase the Purchase Property. Closing
shall occur within sixty (60) days of Tenant receiving all zoning, land use and any
other government approvals necessary to purchase the Purchase Property and such
approvals becoming final at a mutually agreed upon location. Tenant shall be
responsible for all costs associated with the closing, including attorney’s fees, if any,
and transfer taxes, if any, payable with respect to any conveyance hereunder and
Landlord shall be responsible for Vermont land gains tax, if any, which may be
payable in connection with such conveyance.
c.If Tenant exercises the foregoing purchase option, the instrument(s)
conveying the Purchase Property shall require Tenant to use and maintain the
Purchase Property for School District purposes and contain a reversionary interest
in favor of Landlord if Tenant ceases use the Purchase Property as such or ever
desires to divest itself of the Premises.
d.Upon exercise of the foregoing purchase option and transfer of
ownership of the Purchase Property to Tenant, this Lease Agreement and all other
obligations of Landlord, unless otherwise stated herein or in the terms of purchase,
shall immediately terminate and be of no further effect.
9.Tenant’s Utilities. Tenant shall pay for the water, sewer, stormwater,
electricity, natural gas, telephone, internet and trash removal services that serve
the Leased Premises and any other services used, rendered or supplied upon or in
connection with the Leased Premises. Tenant shall ensure that the utilities used by
or supplied to the Leased Premises are in Tenant’s name and separately metered,
unless otherwise agreed by Landlord and Tenant, and shall pay all such separately
metered charges for telephone, internet including, without limitation, connection
fees or costs charged for the supply of such services. Tenant shall sort trash and
recyclables as required by applicable laws and ordinances, and shall deposit all of
its trash and recycling in such areas and receptacles designated by Landlord for
such purposes. In the event Tenant fails to comply with the requirements of this
provision (such as by failing to dispose of its trash or recycling), then Landlord
5
reserves the right to fulfill Tenant’s obligations and all costs incurred by Landlord
in connection therewith shall be paid by Tenant. Landlord shall not be liable for the
failure of water supply, wastewater disposal, gas, electricity, telephone, internet or
any other service, or for any damage to property occasioned by the breakage,
leakage or obstruction of any pipes or other leakage in or about the Leased
Premises, unless caused by the negligence or misconduct of Landlord, its employees,
agents or contractors.
For those utilities that cannot reasonably be separately metered and put in
Tenant’s name, Tenant shall reimburse Landlord for a proportionate share of the
cost of such utilities derived from the square footage of the Building utilized by
Tenant. The proportionate share shall be determined by calculating the total
square footage of the Building minus the square footage of the Building utilized by
Landlord and converting that to a percentage. The percentage of the Building
utilized by Tenant shall then be applied to the cost of utilities incurred by Landlord
to establish Tenant’s proportionate share. Such reimbursement shall be remitted to
Landlord within 30 days of receipt of an invoice for such cost from Landlord or as
otherwise agreed by the Parties.
10.Property Insurance. Landlord will insure the Building against loss by fire
and other perils included in special form in an amount equal to 100% of the
replacement cost of the building by policies which shall include standard extended
coverage endorsements specifically including: replacement cost valuation, business
income for rental income, ordinance or law, and earthquake and flood. Upon
demand by Tenant, Landlord shall deliver to Tenant certificates of such insurance
coverage evidencing that such coverage is actually in effect and shall remain in
effect for the Term. Tenant shall be responsible for maintaining any and all
insurance upon Tenant’s property in and upon the Leased Premises and the value of
any Tenant improvements to the Leased Premises, and Landlord shall not be held
responsible for any damage thereto except as provided under this Lease.
Tenant shall reimburse Landlord for a proportionate share of the cost of insurance
incurred by Landlord pursuant to the requirements of this Paragraph 10. The
proportionate share shall be determined by calculating the total square footage of
the Building minus the square footage of the Building utilized by Landlord and
converting that to a percentage. The percentage of the Building utilized by Tenant
shall then be applied to the cost of insurance incurred by Landlord to establish
Tenant’s proportionate share. Such reimbursement shall be remitted to Landlord
within 30 days of receipt of an invoice for such cost from Landlord or as otherwise
agreed by the Parties.
All policies of property insurance required to be carried by either party under this
Section 10 shall include a clause or endorsement whereby such party’s insurer
6
waives all right of subrogation, and all rights based upon an assignment from its
insured, against the other party, its board members, elected and appointed officials,
directors, managers, employees, agents, licensees and invitees, except in the case of
willful or wanton misconduct by either Landlord or Tenant; this provision shall not
release either party from liability for any damage caused by such party which
exceeds such insurance coverage or which is not reimbursable by Landlord’s or
Tenant’s insurer.
11.Liability Insurance. Tenant, at Tenant’s own cost and expense, shall
maintain a policy or policies of insurance insuring Tenant against all claims or
demands for Combined Single Limit (personal injuries to or death of any person,
and damage to or destruction or loss of property), which may or may be claimed to
have occurred on the Leased Premises or in the vicinity of the same with a limit of
insurance of Ten Million Dollars and Zero Cents ($10,000,000.00) which can be met
with a combination of primary general liability and umbrella/excess liability
policies. All policies required to be carried by Tenant under this section shall be
primary and non-contributory and shall list the Landlord as an additional insured
and include a clause or endorsement whereby such party’s insurer waives all right
of subrogation, and all rights based upon an assignment from its insured, against
the other party, its board members, elected and appointed officials, directors,
managers, employees, agents, licensees and invitees, except in the case of willful or
wanton misconduct by either Landlord or Tenant; this provision shall not release
either party from liability for any damage caused by such party which exceeds such
insurance coverage or which is not reimbursable by Landlord’s or Tenant’s insurer.
Landlord, at Landlord’s own cost and expense, shall maintain a policy or policies of
liability insurance insuring Landlord against all claims or demands for personal
injuries to or death of any person, and damage to or destruction or loss of property,
which may or may be claimed to have occurred on the Property or in the vicinity of
the same arising from Landlord’s use of the Premises. Such policies shall cover
such risks and be in an amount not less than One Million Dollars and Zero Cents
($1,000,000.00) Combined Single Limit (“CSL”) per occurrence and Two Million
Dollars and Zero Cents ($2,000,000.00) in the aggregate along with an umbrella
coverage limit of at least Five Million Dollars and Zero Cents ($5,000,000.00). Upon
demand by Tenant, Landlord shall deliver to Tenant certificates of such insurance
coverage evidencing that such coverage is actually in effect, which certificates shall
name Tenant as an additional insured if Landlord exercises its right to occupy a
portion of the Leased Premises pursuant to Section 18, below.
12.Holding Over. If Tenant remains in possession of the Premises or any part
thereof, after expiration of the Term or after the termination of this Lease, no
extension of this Lease shall result therefrom unless Landlord agrees in writing to
such possession and Landlord and Tenant agree in writing to the terms and
conditions of such extension. If Landlord shall not consent to Tenant remaining in
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possession of the Premises or any part thereof after the expiration of the Term
hereof or after the termination of this Lease for default or if Landlord and Tenant
cannot agree in writing to the terms and conditions of extension, including
agreement as to rents for any extension term, then Tenant shall be a tenant at will
for the period from the date of expiration of the Term or the termination of this
Lease until the day Tenant surrenders possession of the Premises and Tenant
hereby agrees that such tenancy at will shall be upon all the same terms,
conditions, and covenants of this Lease. If Landlord must take legal action to evict
or eject Tenant who is holding over or to collect the holdover amount as set forth in
this provision, each party shall bear its own attorneys’ fees, costs and expenses
related thereto, including any mediation related thereto.
13.Alterations.
a.Except as hereinafter expressly provided, Tenant shall not make or
permit to be made any alterations, additions, changes or improvements in or to the
structural elements or the mechanical systems of the Leased Premises or any part
thereof without first obtaining the written consent of Landlord thereto (which
consent Landlord agrees not to unreasonably withhold, provided Tenant has fully
complied with each and every term, covenant and condition in this Lease and, with
respect to such alterations, additions, changes or improvements, has provided
Landlord with such liability insurance policies and/or surety bonds as Landlord may
reasonably request).
b.Before requesting Landlord’s consent, Tenant shall submit to Landlord
detailed plans and specifications of such proposed alterations, changes, additions or
improvements, which may be retained by Landlord. Landlord shall be entitled to
withhold its consent to any such alterations, additions, changes, or improvements,
until such time as Tenant provides Landlord with reasonable evidence of the
approval of such alterations, additions, changes or improvements by any and all
municipal, state, federal or other governmental or other authorities, offices and
departments now existing or hereafter created having jurisdiction over the
Premises, and of the Vermont Department of Public Safety, Division of Fire Safety
or other like body, which approvals Tenant shall obtain at its own cost and expense.
c.Landlord, its architect, agents and employees, shall, upon reasonable
notice, have the right to enter upon the Leased Premises in a reasonable manner
and at all reasonable times during the course of any such alterations, additions,
changes or improvements for the purpose of inspection and of finding out whether
such work conforms to the approved plans and specifications and with the
agreements herein contained.
d.Any and all alterations, additions, improvements and changes made by
Tenant at any time and all governmental approvals therefor shall immediately be
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and become the property of Landlord without any payment therefor by Landlord;
provided, however, that it is expressly understood and agreed that any trade
fixtures or other fixtures added by Tenant (other than those which are required by
the terms of this Lease to be provided by Tenant as a result of its obligation to
repair or replace property furnished by Landlord) shall remain the property of
Tenant and may be removed by Tenant, at Tenant’s expense and election, upon the
expiration or earlier termination of this Lease, provided that any damage caused
thereby is immediately repaired by Tenant.
e.Tenant, at its own cost and expense, will cause any and all mechanics’
liens and perfections of the same which may be filed against the Leased Premises to
be paid and satisfied within thirty (30) days after Landlord shall send to Tenant
written notice by registered mail of the filing of any notice thereof against the
Premises or the owner, for or claiming to be for labor or materials alleged to be
furnished or to be charged by or for Tenant at the Leased Premises, or will bond
such mechanics’ liens and use its best efforts to have such liens discharged by an
order of a court of competent jurisdiction within said thirty (30) day period.
f.Any alterations, improvements or other work once begun must be
prosecuted with reasonable diligence to completion and, subject to the provisions of
Subsection 13(e), above, be paid for by Tenant in full, free and clear of liens or
encumbrances against the Leased Premises or Landlord, and must be performed in
all respects in accordance with law and in a good and workmanlike manner.
14.Repairs, Replacements.
a.Landlord shall be responsible for maintaining, repairing and replacing
the exterior and structural and mechanical system components of the Premises.
Landlord shall also be responsible for maintaining in a reasonable state of repair
and in a clean and sanitary condition any portions of the Property outside the
Premises. Landlord shall be responsible for maintaining, repairing and replacing
the plumbing lines located outside of the building on the Premises that provides
service to the Premises, the main electrical service within and the incoming feeder
to said building, and the main heating system serving said building, including
interior ducts and vents, provided Tenant shall be responsible for all repairs or
replacements thereof to the extent that the need for any repairs or replacements are
caused by the negligent acts or omissions of Tenant, its employees, students, agents
or contractors.
Following a meaningful consultation with Tenant prior to the decision being made
by Landlord whether to perform work in accordance with this Section 14(a), where
the need and cost for the proposed work shall be discussed with Tenant, Tenant
shall reimburse Landlord for all costs associated with all such maintenance, repair,
or replacement referenced in this Section 14(a) on a proportionate basis based on
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the square footage of the Building utilized by Tenant. Tenant’s proportionate share
shall be determined by calculating the total square footage of the Building minus
the square footage of the Building utilized by Landlord and converting that to a
percentage. The percentage of the Building utilized by Tenant shall then be applied
to the cost of maintenance, repair, or replacement incurred by Landlord to establish
Tenant’s proportionate share. Such reimbursement shall be remitted to Landlord
within 30 days of receipt of an invoice for such cost from Landlord or as otherwise
agreed by the Parties.
The pre-work meaningful consultation described in the paragraph above shall
not be required where work is performed by Landlord in an emergency situation. In
such situations, Tenant shall be responsible for reimbursing Landlord for the
proportionate costs of the work done following an after-the-fact consultation
meeting between Landlord and Tenant where information relating to the emergency
situation and the work performed shall be provided and discussed and Landlord
shall demonstrate the necessity and appropriateness of the work completed.
b.Tenant shall be responsible for all maintenance, repairs and
replacements of the interior portions of the Leased Premises, including without
limitation all non-load-bearing walls and non-structural elements, including all
floor coverings, drop ceilings, doors, windows, and glass, and shall perform all
maintenance and repairs as may be reasonably required to place, keep and
maintain the same in good order and state of repair, reasonable wear and tear
excepted. Tenant shall also be responsible to maintain, repair and replace all
lightbulbs, ballasts and light fixtures within the Premises at its expense. The
Tenant shall, at its own expense, keep and maintain the Premises and every part
thereof, in good order and repair and in a clean and sanitary condition at all times,
reasonable wear and tear excepted. Tenant shall perform regular snowplowing and
landscaping of the Premises at its sole expense. Tenant shall remove, store and
dispose of all trash and litter in a manner that does not attract pests to the Property
and does not pollute the soil at or stormwater runoff from the Property. Tenant
agrees to maintain a minimum temperature of at least 55 degrees Fahrenheit
within the Premises at all times. Tenant will be responsible for any repairs caused
by Tenant's negligent failure to maintain the temperature in the Premises as
specified above. Landlord has the right, after notice at least twenty-four (24) hours
in advance to Tenant to inspect the Leased Premises in a reasonable manner, at
reasonable times. Any defect or deficiency noted as a result of such inspection shall
be reported to Tenant and, provided such defect or deficiency is Tenant’s
responsibility as specified herein, unless the same is corrected and remedied within
a reasonable time by Tenant, Landlord shall have the right to correct and remedy
the same, and Tenant shall be responsible to reimburse Landlord therefor, once the
necessity to make the repair in the time and manner chosen by Landlord is
established to the reasonable satisfaction of Tenant.
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15.Parties to Comply with Laws, etc. Both parties shall at their own cost and
expense comply with any and all laws, statutes, ordinances, rules and regulations
affecting the Leased Premises and Property and their use thereof. The parties shall
further so comply with each and every rule, order and requirement of any federal,
state, municipal, legislative, executive, judicial or other governmental body,
commissioner or officer or of any bureau or department thereof, whether now
existing or hereafter created, having jurisdiction over, in the case of the Tenant, the
Leased Premises, and in the case of the Landlord, the Property, or any part thereof,
or exercising any power relative thereto or to the owners, tenants or occupants
thereof, of which they are aware.
16.No Waiver. The failure of either party to insist in any one or more instances
upon the strict performance of any of the terms, covenants, conditions and
agreements of this Lease, or to exercise any option herein conferred, shall not be
considered as waiving or relinquishing for the future any such terms, covenants or
conditions, agreements or options, but the same shall continue and shall remain in
full force and effect. Landlord’s receipt of any rent or any part thereof, whether the
rent be that specifically reserved or that which may become payable under any of
the covenants herein contained, and whether the same be received from Tenant or
from any one claiming under or through Tenant or otherwise shall not be deemed to
operate as a waiver of the rights of Landlord to enforce the payment of rent or
charges of any kind previously due or which may thereafter become due, or the right
to terminate this Lease and to recover possession of the Premises by summary
proceedings or otherwise, as Landlord may deem proper, or to exercise any of the
rights or remedies reserved to Landlord hereunder or which Landlord may have at
law, in equity or otherwise.
17.Landlord’s Right of Access. With exception of the area of the Premises
utilized by the South Burlington Recreation Department and the City Vault, which
the City may access at any time at its convenience and without notice, after notice
at least twenty-four (24) hours in advance to Tenant, Landlord or Landlord’s agents
shall have the right to enter the Premises in a reasonable manner during Tenant’s
normal business hours to examine the same, to show them to prospective
purchasers and, within the last six months of the Term, to show them to prospective
lessees.
18.South Burlington Recreation Department. If requested by Landlord, Tenant
agrees to allow the South Burlington Recreation Department to remain in its
current location on the Premises during the Term of this Lease. In that event
Landlord and Tenant shall prorate charges and expenses for water, sewer,
stormwater, electricity, natural gas, telephone, internet and trash removal services
that serve the Leased Premises and any other services used, rendered or supplied
upon or in connection with the Leased Premises based on the area of the Recreation
Department’s and Tenant’s respective use of the Premises measured in square feet
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(total square footage of the Premises currently utilized by the Recreation
Department at the time of execution of this lease, including the square footage of
the hallway leading to the Fire Department is approximately 2,732 square feet).
Landlord shall be solely responsible for any insurance coverage, liability and any
costs and expenses due to the presence of the Recreation Department on the
Premises. Landlord may enter upon the Premises to perform snowplowing and
related winter maintenance, as needed, so that Landlord may access that portion of
the building utilized by the South Burlington Recreation Department at all times,
including Saturdays and Sundays.
19.City Clerk Vault. The Parties agree that the vault in the former City Clerk’s
office (“Vault”) shall continue to be utilized exclusively by the City Clerk for the
duration of the Term. Landlord shall access the Vault via a separate private
entrance and Landlord shall not be required to provide notice to Tenant prior to
accessing the Vault. Landlord and Tenant shall prorate any charges and expenses
for utilities or other services used, rendered or supplied upon or in connection with
the Leased Premises based on the area of the Vault, measured in square feet (total
square footage of the Premises currently utilized by the City Clerk Vault at the time
of execution of this lease is approximately 440 square feet). Landlord shall be solely
responsible for any insurance coverage, liability and any costs and expenses due to
the presence and use of the Vault.
19.Assignment, Subletting. Except as otherwise provided in this Section 19,
neither Tenant, nor Tenant’s legal representatives or successors in interest shall
assign this Lease, by operation of law or otherwise, or sublet the whole or any part
of the Leased Premises. Without limitation, the term “assign” as used herein, shall
include: (i) an assignment of a part interest in this Lease or a part interest in the
Premises; and (ii) any transaction the effect of which is directly or indirectly to
transfer to any third party the benefits of this Lease. Landlord agrees to Tenant’s
assignment of its rights under this Lease to a public entity that is Tenant’s
successor and which governs public elementary, middle and high school education
in the City of South Burlington.
If Landlord sells or transfers title to the Property during the Term, such sale or
transfer shall be subject to this Lease, meaning that the Lease shall remain in force
and effect and the transferee of the Property shall succeed to the interests of the
Landlord named herein.
20.Damage or Destruction. In the event that the Premises shall be destroyed or
damaged by fire, flood, lightning, wind storm, ice storm, terrorist act, or any similar
or other occurrence or peril beyond Landlord’s control, the following terms and
conditions shall apply:
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a.If any portion of the Premises or the building thereon affecting
Tenant’s use of the Premises is damaged by fire or other casualty, Tenant shall give
Landlord written notice of such casualty promptly after Tenant becomes aware of
such casualty. If, in the reasonable opinion of Tenant, the damage or destruction
renders the remainder of the Premises unsuitable for the conduct of Tenant’s
business for the purposes set forth in Section 3, Tenant may give written notice to
that effect to Landlord, whereupon Landlord may, at its election, terminate this
Lease. If Landlord elects not to terminate this Lease, then, within thirty (30) days
after Tenant gives Landlord written notice of such casualty or Landlord otherwise
becomes aware of such casualty, Landlord shall reasonably estimate, and give
Tenant written notice of, the period commencing with the date of such notice (the
“Restoration Period”) that Landlord anticipates will be reasonably required to
perform the restoration work which is the responsibility of Landlord as provided
below. If Landlord reasonably estimates that the Restoration Period will be longer
than ninety (90) days, then either Landlord or Tenant may terminate this Lease by
giving to the other written notice of termination within ten (10) days after Landlord
gives Tenant written notice of such estimate. Such notice of termination shall be
effective on the date thereof, and if Tenant is then occupying the Premises, Tenant
shall thereafter have a reasonable period of time in which to vacate the Premises. If
(a) Landlord reasonably estimates that the Restoration Period will be ninety (90)
days or shorter, or (b) Landlord reasonably estimates that the Restoration Period
will be longer than ninety (90) days but neither Landlord nor Tenant exercises its
right to terminate this Lease as set forth above, then this Lease shall not terminate;
and in such event, Landlord shall with reasonable dispatch, repair or rebuild so
much of the Premises and/or the building thereon to substantially their condition
immediately prior to the casualty (subject, however, to Applicable Laws then in
existence), and Tenant shall concurrently (to the extent practical and consistent
with good construction practices) (x) repair and restore so much of the Premises as
were constructed by Tenant or are the responsibility of Tenant under this Lease and
(y) repair and restore its fixtures and personal property. Tenant’s obligation to pay
rent shall equitably and proportionately abate with respect to the damaged portions
of the Premises from the date of damage until restoration is sufficiently complete to
enable Tenant to recommence its use and occupancy of the Premises for the
purposes specified in this Lease.
b.If, pursuant to the foregoing paragraph, Landlord is required to restore
the Premises and/or the building thereon and Landlord fails to substantially
complete such restoration within sixty (60) days after the end of the Restoration
Period (subject to extension for delays described in below), then Tenant shall have
the right to terminate this Lease upon thirty (30) days prior written notice to
Landlord. If Landlord fails to substantially complete such restoration work within
such thirty (30) day period, then this Lease shall terminate as of such thirtieth
(30th) day.
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c.Landlord shall not be responsible for any delay in commencement of
restoration which may result from delays in adjustment or collection of insurance
proceeds. Notwithstanding any other provisions to the contrary, Landlord shall not
be obligated to commence repair or restoration work prior to receipt of sufficient
insurance proceeds, nor shall Landlord be required to expend sums in excess of “net
recovered insurance proceeds”. The term “net recovered insurance proceeds” shall
mean the amount of any insurance proceeds actually recovered by Landlord, less
the cost of obtaining the same (including attorneys’ fees and appraisal fees) and less
the amount thereof required to be paid to a mortgagee or ground lessor.
d.If this Lease is not terminated in accordance with the foregoing
provisions, the rent required to be paid hereunder shall abate in proportion to that
part of the Premises that is rendered unfit for occupancy bears to the whole of the
Premises.
21.Eminent Domain. If, at any time during the Term of this Lease, title to a
substantial portion of the Premises (meaning thereby so much as shall render the
remaining portion substantially unusable by Tenant for the purposes set forth in
Section 3) shall be taken by exercise of the right to condemnation or eminent
domain or by agreement between Landlord and those authorized to exercise such
right (all such proceedings being collectively referred to as a “Taking”), this Lease
shall terminate and expire on the date of such Taking and rent shall be apportioned
and paid to the date of such Taking. Except as expressly set forth below, any award
for the value of the Premises, land, buildings and improvements, and loss of rent
from Tenant, shall belong to Landlord, and Tenant shall not be entitled to share in
any such award. To the extent such compensation award or recovery to Tenant does
not diminish the amount of the compensation award or recovery otherwise
awardable to Landlord, Tenant shall have the right to claim and recover from the
condemning authority, but not from Landlord, such compensation as may be
separately awarded or recoverable by Tenant in Tenant’s own right on account of
any and all damage to Tenant’s business by reason of any condemnation, for and on
account of any cost or loss to which Tenant might be put in relocating its business or
removing Tenant’s merchandise, furniture, fixtures and equipment from the
Premises, for any cost or loss to Tenant’s improvements, or for loss of the value, if
any, of Tenant’s leasehold interest at the time of the Taking. If the title to less than
a “substantial portion” of the Premises shall be taken in condemnation so that the
business conducted on said Premises can be continued without material diminution,
this Lease shall continue in full force and effect. If the Taking does not amount to a
substantial portion but does materially adversely affect Tenant’s ability to conduct
its business, the rent from and after the date of the vesting of title in the condemnor
shall be equitably adjusted to reflect the diminished value of the Premises to
Tenant as a direct result of the condemnation.
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22.Indemnity. To the extent permitted by law, each party shall indemnify,
defend and save harmless the other party from and against any and all liability,
claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings,
actions and causes of action of every kind and nature, including costs and
reasonable attorneys’ fees, suffered or incurred as a result of any breach by the
party, its board members, elected and appointed officials, managers, agents,
students, servants, employees, visitors or licensees of any covenant or condition of
this Lease, or as a result of the party’s use or occupancy of the Leased Premises or
ownership of the Property, or the negligence or willful misconduct of the party, its
agents, students, servants, employees, visitors or licensees; provided, however, that
it is understood and agreed that the obligations of each party hereunder shall not
extend to the negligence or willful misconduct of the other party, its board
members, elected and appointed officials, managers, employees, agents, students, or
representatives.
23.Events of Default, Remedies, Damages.
a.Each of the following shall constitute an “Event of Default” under this
Lease:
i.Tenant shall fail to pay when and as due any Base Annual Rent
payable under this Lease, and such default shall continue for a period of ten
(10) days after Landlord delivers written notice of such default to Tenant; or
ii.Tenant or Landlord shall fail to perform or comply with any of
the agreements, terms, covenants or conditions in this Lease, other than
those referred to in Subsection 23(a)(i), for a period of thirty (30) days after
notice from either Landlord to Tenant or Tenant to Landlord, as the case may
be, specifying the items in default, or in the case of a default or contingency
which cannot with due diligence be cured within said thirty (30) day period,
Tenant or Landlord, as the case may be, shall fail to commence within said
thirty (30) day period the steps necessary to cure the same and thereafter to
prosecute the curing of such default with due diligence (it being understood
that the time of Tenant or Landlord within which to cure shall be extended
for such period as may be necessary to complete the same with reasonable
due diligence); or
iii.Tenant shall file a voluntary petition in bankruptcy or shall be
adjudicated as bankrupt or insolvent, or a receiver or trustee shall be
appointed of all or substantially all of the property of Tenant or Tenant shall
make any assignment for the benefit of Tenant’s creditors, or Tenant shall
vacate the Premises.
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b.For so long as an Event of Default shall exist and be continuing after
the expiration of the applicable cure period as described above, Landlord or Tenant,
as the case may be, may give written notice to the other party specifying the Event
of Default and stating that this Lease shall expire and terminate on the date
specified in such notice, which date shall be at least twenty-one (21) days after the
giving of notice, and upon the date so specified, all rights of the parties under this
Lease shall so expire and terminate. Upon termination in accordance with the
foregoing provisions, Tenant shall promptly vacate the Premises and surrender the
same to Landlord in the same condition as received, reasonable wear and tear
excepted, and shall remove all of Tenant’s effects therefrom, and Landlord may
forthwith reenter the Premises and repossess itself thereof (including, without
limitation, by changing the locks to the Premises) and remove all persons and
effects therefrom. At Landlord’s option, any goods and effects not so removed shall
be deemed abandoned by Tenant and thereupon shall become the sole property of
Landlord. In the event Tenant fails to so vacate and surrender the Premises,
Tenant shall pay all costs reasonably incurred by Landlord in requiring Tenant to
vacate, including reasonable attorneys’ fees and disbursements if it is established
and adjudged that Tenant’s refusal to vacate the Leased Premises was justified and
excused by Landlord’s conduct, or its failure to perform its obligations hereunder.
In the event Tenant shall fail or refuse to vacate the Premises without breach of the
peace after termination, Landlord may obtain a court order for the payment of rent
into court in accordance with the terms of 12 V.S.A. § 4853a. Landlord or Tenant,
as the case may be, shall have all other rights and remedies as may be available
under applicable law at the time of the occurrence of the Event of Default. In all
instances where either Landlord or Tenant takes action to enforce the terms of this
Lease, each party shall bear their own attorneys’ and witness fees, costs and
expenses related thereto.
24.Signs. Tenant shall not install or display any sign, logo or advertising
medium on the outside of the Premises or any other portion of the Property or the
building thereon unless Landlord shall have given its prior consent to the sign,
display or advertising medium, which consent shall not be unreasonably withheld,
conditioned or delayed; after obtaining Landlord’s consent to Tenant’s sign design,
Tenant must obtain all necessary permits and approvals for the proposed sign,
display or advertising medium from all government authorities and agencies with
or claiming jurisdiction over the Premises prior to installation or display.
25.Broker Commissions. Neither party shall have an obligation to pay any real
estate commissions to any agents or brokers claiming by or through the other, and
each party agrees, to the extent permitted by law, to indemnify and hold harmless
the other for all claims or demands of any other real estate agent or broker claiming
by, through, or under such party. This indemnification shall also include payment
of costs and attorneys’ fees incurred by a party in defense of a claim for such real
estate commissions or fees.
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26.Environmental Covenants.
a.Tenant hereby agrees that all operations or activities upon, or any use
or occupancy of the Property, or any portion thereof, by Tenant, its elected and
appointed officials, board members, managers, and their respective agents,
servants, employees, representatives and contractors (collectively, “Tenant
Affiliates”), throughout the Term of this Lease, shall be in all respects in compliance
with all Applicable Law then governing or in any way relating to the generation,
handling, manufacturing, treatment, storage, use, transportation, release, spillage,
leakage, dumping, discharge or disposal of any Hazardous Material.
b.In the event Tenant, or Tenant’s Affiliates, fail to comply with any
Applicable Law or other requirements regarding protection of the environment,
public health, or safety, Tenant further agrees to indemnify, defend and hold
Landlord harmless from any and all claims, actions, administrative proceedings
(including informal proceedings), judgments, damages, punitive damages, penalties,
fines, costs, liabilities, interest or losses, including reasonable attorneys' fees and
expenses, consultant fees, and expert fees, together with all other costs and
expenses of any kind or nature that arise during or after the Term of this Lease,
directly or indirectly, from or in connection with the release or suspected release of
any Hazardous Material in or into the air, soil, surface water or groundwater at, on,
about, under or within the Property, or any portion of either thereof directly
attributable to the acts or omissions of Tenant or Tenant Affiliates, PROVIDED
that such Hazardous Materials were brought onto or introduced to the Property by
the Tenant or Tenant Affiliates. In all other instances, Tenant shall incur no
liability whatsoever for any such claims, actions, administrative proceedings
(including informal proceedings), judgments, damages, punitive damages, penalties,
fines, costs, liabilities, interest or losses, including reasonable attorneys' fees and
expenses, consultant fees, and expert fees, and all other costs and expenses of any
kind or nature whatsoever.
c.In the event any investigation or monitoring of site conditions or any
clean-up, containment, restoration, removal or other remedial work (collectively, the
“Remedial Work”) is required under any Applicable Law, by any judicial order, or by
any governmental entity as the result of release or suspected release of any
Hazardous Material by Tenant or Tenant Affiliates, then, at Landlord’s option,
either Tenant shall perform or cause to be performed the Remedial Work in
compliance with such Applicable Law or Landlord may cause the Remedial Work to
be performed and Tenant shall reimburse Landlord within ten (10) days of demand
therefor. All Remedial Work performed by Tenant shall be performed by one or
more contractors, selected by Tenant, and under the supervision of a consulting
engineer selected by Tenant. All costs and expenses of such Remedial Work shall be
paid by Tenant, including, without limitation, the charges of such contractor(s), the
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consulting engineer, and Landlord's reasonable attorneys' fees and costs incurred in
connection with monitoring or review of such Remedial Work. Nothing in this
Subsection shall affect any of Landlord’s rights (or Tenant’s obligations) pursuant to
the other provisions of this Paragraph 26 above or elsewhere in this Lease.
d.Landlord hereby agrees and warrants for itself and its assignees,
agents, employees, and tenants, and their respective elected and appointed officials,
board members, managers, and their respective agents, servants, employees,
representatives and contractors (collectively “Landlord Affiliates”) that the Property
and Leased Premises contain no Hazardous Material and that Landlord and
Landlord Affiliates currently comply with Applicable Laws as they relate to the
Property and will continue to comply with Applicable Laws throughout the Term of
the Lease. In the event Landlord or Landlord’s Affiliates fail to comply with any
Applicable Law or other requirements regarding protection of the environment,
public health, or safety, Landlord further agrees to indemnify, defend and hold
Tenant harmless from any and all claims, actions, administrative proceedings
(including informal proceedings), judgments, damages, punitive damages, penalties,
fines, costs, liabilities, interest or losses, including reasonable attorneys' fees and
expenses, consultant fees, and expert fees, together with all other costs and
expenses of any kind or nature that arise during or after the Term of this Lease,
directly or indirectly, from or in connection with the presence, suspected presence,
release or suspected release of any Hazardous Material in or into the air, soil,
surface water or groundwater at, on, about, under or within the Property, or any
portion of either thereof as a result of such failure by Landlord or Landlord
Affiliates.
e.As used herein, the term “Hazardous Material” means any hazardous
or toxic substance, material or waste which is or becomes, during the Term of this
Lease, regulated by any local governmental authority, the State of Vermont or the
United States Government, including, without limitation, any material or substance
which is (i) defined or listed as a hazardous waste, extremely hazardous waste,
restricted hazardous waste, hazardous substance or hazardous material under any
Applicable Law, (ii) petroleum, petroleum by-products, PCB, toxic, noxious or
radioactive substances, methane, volatile hydrocarbons or industrial solvents, or
(iii) asbestos.
f.“Applicable Laws” or “Applicable Law” means any and all federal, state
and local laws, statutes, codes, rules, regulations, orders, conditions or ordinances
imposed or established by any governmental entity, agency or division or any court
of competent jurisdiction relative or otherwise applicable to the zoning or
environmental condition of the Property or the Premises, construction, leasing or
use of the same or any building thereon, now or promulgated during the Term of
this Lease, affecting the Property or the Premises, and those governing the use,
clean-up storage, treatment, transportation, manufacture, refinement, handling,
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production, or disposal of Hazardous Materials including, without limitation: (i) the
Comprehensive Environmental Response, Compensation and Liability Act of 1980
(42 U.S.C. §9601, et seq.) as amended by the Superfund Amendments and
Reauthorization Act; (ii) the Hazardous and Solid Waste Amendments of 1984 (42
U.S.C. §6991 et seq.); (iii) the Hazardous Materials Transportation Act (49 U.S.C.
§5101 et seq.); (iv) the Resource Conservation and Recovery Act of 1976, (42 U.S.C.
§6901 et seq.); and (v) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.);
and any amendments thereto and any regulations adopted and publications
promulgated pursuant thereto, or any other similar federal, state, or local
environmental laws, ordinances, rules, or regulations whether now or enacted
during the Term of this Lease.
27.Memorandum of Lease. The parties expressly agree that within thirty (30)
days of the Commencement Date they shall execute a short-form notice of lease
complying with the terms of 27 V.S.A. §341(c) which may be recorded by either
Landlord or Tenant.
28.Quiet Enjoyment. Except as provided in Section 18, above, upon payment by
the Tenant of the rents herein provided for, and upon the observance and
performance of all of the agreements, covenants, terms and conditions on Tenant’s
part to be observed and performed, Tenant shall peaceably and quietly hold and
enjoy the Premises for the lease Term without hindrance or interruption by
Landlord or Landlord’s agents, or anyone claiming contrary to Landlord, subject,
nevertheless, to the terms and conditions of this Lease and subject to Landlord’s
reserved rights, all of which are hereby consented to by Tenant, which is the
exclusive right to use, convey and/or lease rooftop space, exterior building space, air
and subsurface rights and the sidewalks and other exterior areas of the Property
exclusive of the Premises in a manner that does not conflict with or unduly burden
Tenant’s use of the Premises as described in Section 3. Landlord may exercise any
or all of the foregoing rights without being deemed to be guilty of an eviction, actual
or constructive, or a disturbance or interruption of the business of Tenant or of
Tenant’s use or occupancy of the Premises. Neither Party shall commit or suffer to
be committed any waste upon the Premises or any nuisance or other act or thing
which may disturb the quiet enjoyment of any other occupant in the Property.
29.Notices. All notices, approvals, disapprovals or elections required or
permitted to be given under this Agreement shall be in writing and shall be (i)
delivered personally; (ii) mailed by certified or registered mail, return receipt
requested; (iii) sent by email transmission; (iv) sent by facsimile transmission; or (v)
sent by Federal Express or other professional carrier, to the parties at the addresses
listed below or at such other addresses as shall be designated by Landlord or
Tenant in writing. Except as expressly set forth in this Lease, notices shall be
deemed given upon delivery or tender of delivery to the intended recipient; provided
that notice sent by email or facsimile shall only be deemed received when both
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(a)the sender has electronic confirmation that it was sent to all parties (and has
retained a printed confirmation of the delivery to the applicable fax number or
email address) and (b) at least one addressee entitled to notice under this Section 29
for the applicable party has acknowledged receipt of the transmission. Copies of
notices are for informational purposes only, and a failure to give or receive copies of
any notice shall not be deemed a failure to give notice:
If to Landlord: Jessie Baker
City Manager
City of South Burlington
180 Market Street
South Burlington, VT 05403
Phone: (802) 846-4107
E-mail: jbaker@southburlingtonvt.gov
With a copy to:
Colin McNeil, Esq.
City Attorney
City of South Burlington
180 Market Street St.
South Burlington, VT 05403
Phone: (802) 846-4107
E-mail: cmcneil@southburlingtonvt.gov
If to Tenant: David Young
Superintendent
South Burlington School District
500 Dorset Street
South Burlington, VT 05465
Phone: (802) 652-7250
Email: dyoung@sbschools.net
With a copy to:
30.Disclaimer for Security. Tenant acknowledges that neither the Property nor
the Premises are furnished with a security system, other than cameras placed in
certain locations, and Tenant shall be responsible, at its own cost and expense and
at its option, for installing a security system and or other security measures for the
protection of the Premises and Tenant’s personal property stored therein. Landlord
shall not be held liable for any loss or damage to Tenant’s personal property,
fixtures or fit-up by reason of failure to provide adequate security or ineffectiveness
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of security measures undertaken. Tenant acknowledges that Landlord is not an
insurer and Tenant assumes all risk of loss to its personal property, fixtures and fit-
up, and further acknowledge that neither Landlord nor its agents have made any
representation or warranty, nor has Tenant relied upon any representation or
warranty, express or implied, including any warranty of merchantability or fitness
for any particular purpose relative to any security measures recommended or
undertaken.
31.Successors and Assigns. All the terms and conditions of this Lease shall be
binding upon and shall inure to the benefit of the legal representatives, successors
and permitted assigns of the parties hereto. The term “Landlord” means only the
owner of the Leased Premises for the time, and upon any transfer of title to the
Leased Premises, the transferor shall automatically be relieved of all further
liability under this Lease, and the transferee shall automatically be and become
responsible for all obligations of Landlord hereunder.
32.Landlord Not Personally Liable. It is specifically understood and agreed that
there shall be absolutely no personal liability on the part of any mortgagee or
individual who is at any time the “landlord” hereunder, or on the part of the
members of any corporation, limited liability company, firm, partnership or joint
venture who is at any time the “landlord” hereunder with respect to any of the
terms, covenants and conditions of this Lease, and that Tenant shall look solely to
the equity of Landlord or such successor in interest in the Premises for the
satisfaction of each and every remedy of Tenant in the event of any breach by
Landlord or by Landlord’s successor of any of the terms, covenants and conditions of
this Lease to be performed by Landlord.
33.Authorization and Binding Effect of Agreement. The execution, delivery and
performance of this Lease and each other document or instrument required to be
delivered pursuant hereto by Tenant and Landlord have been duly authorized by
their respective legislative bodies, and they have taken all action required by law to
authorize the execution, delivery, and consummation of this Lease. This Lease and
each other document or instrument required to be delivered pursuant hereto is the
legal, valid and binding obligation of Tenant and Landlord and is enforceable
against Tenant and Landlord in accordance with its respective terms; subject, as to
enforcement only, to bankruptcy, insolvency, reorganization, moratorium or similar
laws at the time in effect affecting the enforceability of the rights of creditors
generally. Tenant’s entry into and performance under this Lease will not violate or be
in conflict with any provision of Tenant’s governing documents or charter, or any other
agreement or instrument to which Tenant is a party or by which Tenant is bound, or
any judgment, decree, order, statute, rule, law or regulation applicable to Tenant.
34.Entire Agreement, Applicable Law. This Lease with any exhibits and riders
attached hereto contains the entire agreement of the parties and no
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representations, inducements, promises or agreements not embodied herein shall be
of any force or effect, unless the same are in writing and signed by or on behalf of
the party to be charged. The captions of particular Sections are inserted as a
matter of convenience only and are in no way to affect or define the scope or intent
of this Lease or any provision thereof. This Lease shall be governed by and
interpreted in accordance with the laws of the State of Vermont.
35.Modification to Property. Provided that Landlord shall not modify the
Property in a manner that reduces or obstructs the existing parking and paved
areas of the Property that are used in connection with the operation of Tenant’s
business or in a manner that otherwise materially adversely affects the operation of
Tenant’s existing business operations and provided Landlord gives Tenant
advanced written notice and an opportunity to consult with Landlord regarding the
following, Landlord shall have the right, in its sole discretion, at all times, and from
time to time throughout the Term or any extension thereof, without incurring any
liability to Tenant and without it constituting an eviction, to: construct or
reconstruct new and additional buildings, structures, or improvements on the
Property, exclusive of the Premises; expand, improve or alter the parking areas on
the Property; make changes and additions to the utilities serving the Property; add
additional real property to the Property; and/or replace existing signage with
common signage that serves both the Premises and any additional improvements
constructed on the Property. Provided Tenant was provided advanced notice and an
opportunity to consult with Landlord, Tenant agrees not to contest, appear as an
adverse party, or in any other manner oppose or appeal, any application made by
Landlord, or its designated agents or employees (“Landlord Affiliates”) to any
governmental or municipal entity, board, commission or officer for improvements,
alterations or expansion of or to the Property exclusive of the Premises, including
without limitation, any application made by Landlord or Landlord Affiliates to the
municipal zoning administrator, the municipal Development Review Board, the
District Environmental Commission, or any other municipal or state regulatory
body.
36.Consent to Jurisdiction; Waiver of Jury Trial. INITIATING SUIT, ACTION
OR PROCEEDING OR TAKING SUCH ACTION IN ANY OTHER JURISDICTION
SHALL IN NO EVENT CONSTITUTE A WAIVER OF THE AGREEMENT
CONTAINED HEREIN THAT THE LAWS OF THE STATE OF VERMONT SHALL
GOVERN THE RIGHTS AND OBLIGATIONS OF THE TENANT AND THE
LANDLORD HEREUNDER OR THE SUBMISSION HEREIN BY THE TENANT
TO PERSONAL JURISDICTION WITHIN THE STATE OF VERMONT. TO THE
EXTENT ALLOWED BY LAW, THE PARTIES HERETO WAIVE ALL RIGHTS TO
TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING BROUGHT TO
INTERPRET OR ENFORCE THIS AGREEMENT. This waiver shall not apply to
any future litigation between the Parties relating to any other matter.
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IN WITNESS WHEREOF, the parties herein have executed this Lease as of the day
and year written below.
Signature Page to Follow
23
LANDLORD
CITY OF SOUTH BURLINGTON
By: _________________________________________
______________________, City Manager
and Duly Authorized Agent
STATE OF VERMONT
COUNTY OF CHITTENDEN, SS.
At __________________ in said County, this ____ day of ______________, 20___,
personally appeared ______________________________, City Manager and Duly
Authorized Agent of the CITY OF SOUTH BURLINGTON, and he/she
acknowledged this instrument, by him/her signed, to be his/her free act and deed
and the free act and deed of the CITY OF SOUTH BURLINGTON.
Before me, _______________________________
Notary Public
My Commission Expires:
TENANT
SOUTH BURLINGTON SCHOOL DISTRICT
By: _________________________________________
______________________, School Board Chair
and Duly Authorized Agent
STATE OF VERMONT
COUNTY OF CHITTENDEN, SS.
At __________________ in said County, this ____ day of ______________, 20___,
personally appeared ______________________________, School Board Chair and Duly
Authorized Agent of the SOUTH BURLINGTON SCHOOL DISTRICT, and he/she
acknowledged this instrument, by him/her signed, to be his/her free act and deed
and the free act and deed of the SOUTH BURLINGTON SCHOOL DISTRICT.
Before me, _______________________________
Notary Public
My Commission Expires:
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EXHIBIT A
Site Plan To Be Inserted
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
To: South Burlington City Council
From: Jessie Baker, City Manager
Date: May 13, 2022
Re: Appointing Council Liaisons to Committees
On May 2, 2022, the Council approved a set of “Bylaws for Committees Established by the South
Burlington City Council.” These included appointing Council Liaisons to each Policy Advisory Committee
and Task Force. As adopted, Council Liaisons shall:
•Be appointed by a majority vote of the Council to each Policy Advisory Committee and Task
Force established by the Council
o The only Statutory Committee supported by a Council Liaison is the Planning
Commission for which the Council Chair will always serve as the Council Liaison
•Not vote as part of the public body unless specifically appointed with that ability
•Work with the Staff Liaison and Chair to guide the body’s work to ensure it is aligned with the
Council policy goals and aligned to the annual Policy Priorities & Strategies
•Support the Chair in bringing items of the Committee to the Council
•The Council Liaisons are not expected to attend every public meeting. However, to the
extent they do, they are tasked with speaking on behalf of the Council and providing
direction in accordance with Council approved direction.
Committee or Board Type Staff Liaison Council Liaison
Affordable Housing Policy Advisory Jessie/Kelsey
Bicycle & Pedestrian Policy Advisory TBD
City Charter Policy Advisory Jessie/Colin
Climate Action Plan Task Force Task Force Paul
Common Area for Dogs Policy Advisory Holly
Economic Development Policy Advisory Jessie/Ilona
Energy Policy Advisory Ilona/Lou
Housing Trust Fund Policy Advisory Jessie
Natural Resource & Conservation Policy Advisory TBD
Pension Advisory Policy Advisory Andrew Tim Barritt
Planning Commission Statutory Paul Helen Riehle
Public Art Policy Advisory Ilona
Recreation & Park Policy Advisory Holly
Please discuss, and when ready, appoint Council Liaisons for FY23.