HomeMy WebLinkAboutAgenda - City Council - 07/18/2022AGENDA
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, July 18, 2022
1.Pledge of Allegiance (6:30 PM)
2.Instructions on exiting building in case of emergency and review of technology options –Andrew Bolduc – Deputy Manager (6:31 – 6:32 PM)
3.Agenda Review: Additions, deletions, or changes in order of agenda items (6:32 – 6:33 PM)
4.Comments and questions from the public not related to the agenda (6:33 – 6:37 PM)
5.Announcements and City Manager’s Report (6:37 – 6:45 PM)
6.Consent Agenda: (6:45 – 6:50 PM)
A.*** Consider and Sign DisbursementsB.*** Approve lease renewal with the Poon Trust, LLC for Parking for City Hall and
authorize City Manager to executeC.*** Receive preliminary June financials reportD.*** Minor amendment utility rate resolution
7. Opportunity for Councilors and the public to share information and resources on ClimateChange – City Council (6:50 – 7:00 PM)
8.***Public Hearing: Correction to Land Development Regulation amendment #LDR-22-02 –Paul Conner, Director of Planning and Zoning ***Warned for 7:00 PM (7:00 – 7:15 PM)
9.Possible action on Correction to Land Development Regulation amendment #LDR-22-02 –Paul Conner, Director of Planning and Zoning (7:15 – 7:20 PM)
10.***Receive update and report from Green Mountain Transit – Jon Moore, General Manager
(7:20 – 7:50 PM)
11.***Consider sending a letter of concern regarding the temporary basing of F-35s fromFlorida’s Eglin Air Force Base. – City Council (7:50 – 8:15 PM)
12.***Receive a presentation on a possible Chittenden County Communications Union Districtto improve broadband access – Andrew Bolduc, Deputy City Manager, Regina Mahony,
CCRPC (8:15 – 8:45 PM)
13.***Review and possibly approve Declaration of Inclusion – Andrew Bolduc, Deputy CityManager (8:45 – 9:00 PM)
14.Reports from Councilors on Committee assignments (9:00 – 9:15 PM)
15.Other Business (9:15 – 9:20 PM)
16. Adjourn (9:20 PM)
Respectfully Submitted:
Jessie Baker City Manager
*** Attachments Included
Champlain Water District
Check/Voucher Register - Check Report by Fund
From 7/19/2022 Through 7/19/2022
Check Date Check Number Vendor Name Invoice Description Check Amount Invoice Number
7/19/2022 4435 Ferguson Waterworks #576 Brass Order 732.52 1086033-2
7/19/2022 4436 Masterson & Son Excavation, LLC 15 Baycrest Dr - Water Break 8,372.42 5743
7/19/2022 4437 South Burlington Sewer Department June 2022 Sewer Billings 362,901.09 SBSEWER-063022
7/19/2022 4438 South Burlington Stormwater Department June 2022 Stormwater Fees 185,142.24 SBSTORM-063022
7/19/2022 4439 Nicole Barossi Duplicate Pymt Refund on Acct 8886 187.31 BAROSSIREFUND070622
7/19/2022 4440 E.J. Prescott Marking Paint 88.90 6042124
7/19/2022 4441 Abigail Flynn Duplicate Pymt Refund on Acct 5076 249.51 FLYNNREFUND070622
7/19/2022 4442 Liam Kinney Duplicate Pymt Refund on Acct 5113 219.10 KINNEYREFUND070622
7/19/2022 4443 Myung & Heather Lee Refund Overpymt on Acct 5956 144.62 LEEREFUND071222
Total 70 - South Burlington Water
Department
558,037.71
Report Total 558,037.71
70 - South Burlington Water Department
SOUTH BURLINGTON CITY COUNCIL
Page: 1
MEMORANDUM
TO: South Burlington City Council FROM: Colin McNeil, City Attorney DATE: July 18, 2022 City Council Meeting RE: 180 Market Street - Parking Lease ______________________________________________________________________________
Background
Attached in your materials please find a 7-year parking lease agreement that represents the end result of negotiations between management and the Poon Trust, LLC, owners of 155 Market
Street. This agreement is essentially a renewal of the one-year lease agreement you approved last
year, an agreement that expired on June 30, 2022. Differences include an increase in rent the City is obligated to pay in exchange for a much longer lease term. This Agreement also includes a provision allowing for a modification or termination of the agreement if Poon Trust, LLC takes measurable steps to significantly redevelop their property. This lease agreement secures parking
needs for 180 Market Street at a reasonable rate for several years.
General terms of this lease are as follows:
•Term - 7-year lease term with a provision allowing for the potential adjustment of lease
terms if significant steps are taken to redevelop the property with a minimum 30,000 sq. feetof development.
•Premises – The same 40 parking spaces the City has leased since July 1, 2021. These
parking spaces are located in the north-east corner of the property and are lined in green.
•Cost - $3 per space per day for a total cost of $48,300 annually. A quarter of this amountwill be paid on or before December 30 and the balance will be paid on or before June 30 ofeach year the lease is in effect.
•Maintenance – The Trust is responsible for maintenance. Per the City’s request, the Citywill continue to be responsible for snow-plowing and de-icing the leased area.
Recommended Action
Approve consent item in order to authorize the City Manager to execute the 7-year Lease Agreement with Poon Trust, LLC.
Page 1 of 8
LEASE AGREEMENT
This Lease Agreement (the “Lease”) dated as of the date the last party signs below is made by
and between the Poon Trust, LLC, a Vermont limited liability company with its principal place
of business in Burlington, Vermont (the “Trust”), and the City of South Burlington, a Vermont
municipality located in the County of Chittenden and State of Vermont (the “City”). Each is a
“Party” and they are referred to collectively as the “Parties.”
Recitals
A.The Trust owns, operates and maintains a 2.0-acre, more or less, parcel of land on the
southerly side of Market Street located at 155 Market Street (FKA 5 Market Street),
South Burlington, Vermont (the “Property”), which is adequate and available for parking
of vehicles.
B.The City is the owner of a 0.62-acre, more or less, parcel of land on the northerly side of
Market Street immediately across Market Street from the Property (“180 Market Street”)
upon which lies the South Burlington City Hall and the South Burlington Public Library
(the “Municipal Building”), and requires additional parking located nearby to 180 Market
Street.
C.The Trust is willing to make some of the parking spaces currently located on the Property
available for a shared parking area for the Municipal Building located on 180 Market
Street.
D.The City has an interest in providing a public parking area in close proximity to 180
Market Street.
Agreement
In consideration of the premises and the mutual covenants and agreements herein set forth, in
reliance on the representations and warranties contained herein, the Parties hereby agree as
follows:
1.Premises. The Trust does hereby demise, let, rent and lease unto the City, and the City
hereby hires and rents from the Trust, the easterly portion of the Property, specifically, parking
areas that include forty (40) parking spaces (the “Leased Premises”), as more particularly
depicted within the red-scalloped outline on a plan attached hereto as Exhibit A and made a part
hereof (the “Plan”), together with the right of the City, its agents, invitees, licensees, guests and
members of the public, in common with the Trust and others, to cross and re-cross the access
driveway located easterly of the Leased Premises (the “Driveway”), other parking areas located
on the Property and, for pedestrians only, the green spaces along the Property’s frontage on
Market Street, between the Leased Premises and the Driveway and along the outer perimeter of
the Property, for the purposes of ingress and egress to and from the Leased Premises.
Page 2 of 8
2.Term of Lease. This Lease shall be effective for seven (7) years beginning on July 1,
2022 and ending on June 30, 2029 (the “Term”).
a.Should the Owner decide to redevelop the Property by adding a minimum of 30,000
square feet of development and take significant initial steps toward this redevelopment
(i.e. seek financing, initiate development plans, or initiate permitting, etc.) (“New
Development”), the Owner shall notify the City in writing as soon as possible.
b.Upon receipt of such notice of New Development by the City, both parties shall work
together to accommodate public parking on the site as may be feasible to preserve the
City’s ability utilize the Property to address its parking needs in accordance with the
terms of this Agreement and accommodate New Development. Such accommodation
may include an agreement to:
1)Relocate the leased parking spaces on the Property;
2)terminate this Lease Agreement upon terms agreeable to the parties including,
but not limited to, providing the City with a sufficient period of time to secure
alternative parking (minimum six months);
3)adjust the number of public spaces available and corresponding
reduction/increase of the Lease Rent; and/or
4)temporary relocation of public parking offsite.
3.Use of Leased Premises.
a.The City shall have the right to access, use and operate the Leased Premises for forty (40)
parking spaces for the general public, including without limitation the City’s employees,
agents, invitees, licensees, guests and members of the public, except all construction
related vehicles. The City shall have 24-hour access to and from and use of the Leased
Premises seven days a week.
b.The City shall be responsible for signage, enforcement of and if appropriate, charging
and collecting any fees (at the sole discretion of the City) for the use of the parking
spaces leased by the City.
4.Additional Pedestrian Access. The City shall have the right to construct, install, maintain
and repair a permanent improvement, specifically, a stairway, in or near the easterly/
southeasterly corners of both the Leased Premises and the Property to provide a pedestrian
access to and from the Leased Premises and the Market Street Right-of-Way. If, at the
expiration of the Term or the termination of the Lease, whichever is applicable, the Trust
provides to the City written notice no fewer than thirty (30) days before said expiration or
termination, that the Trust requests removal of the stairway, then the City shall remove the
stairway, weather permitting, prior to vacating the Leased Premises.
Page 3 of 8
5.Rent.
a.The City shall pay to the Trust, as rent, $3 per space per day of the Term that the City
hires and rents the Leased Premises (or Three Dollars and Zero Cents for each day
that the City hires and rents each parking space).
b.The total rent for each year of the Term (July 1 – June 30, “Lease Year”) shall be
$43,800 (the “Lease Rent”). One quarter of the total annual Lease Rent shall be paid
on or before December 30 of each Lease Year and the balance of the total annual
Lease Rent shall be paid on or before June 30 of each Lease Year.
6.Maintenance of Leased Premises.
a.The Trust shall maintain the Leased Premises, together with the Driveway, other
parking areas located on the Property, all landscaping on the Property and the green
spaces along the Property’s frontage on Market Street, between the Leased Premises
and the Driveway and along the outer perimeter of the Property, in good and lighted
condition, with the exception of snow plowing and removal and de-icing.
b.The City shall be responsible for snow plowing and removal and for de-icing the
Leased Premises and the Driveway to the Leased Premises and the stairway
referenced in Paragraph 4, above, which shall not be considered maintenance.
c.If the City determines, in its reasonable discretion, that the Leased Premises and/or
the access to the Leased Premises are not maintained in good and lighted condition,
then the City may take whatever actions or steps that, in its sole discretion, the City
deems necessary or prudent to restore the Leased Premises and/or the Driveway to
good and lighted condition. The Trust agrees that the City may deduct from the rent,
as described in Paragraph 5, above, any costs the City incurs to restore the Leased
Premises and/or the Driveway to good and lighted condition.
d.The City acknowledges that the Trust may enter into a separate agreement for
maintenance of the Property and the Trust acknowledges that the City could provide
services, materials and equipment for maintenance and/or repair of the Property with
City resources and that, in that instance, the costs of these services, materials and
equipment shall be credited towards, or deducted from, future rent installments.
7.Licenses, Fees and Taxes. The Trust shall pay and discharge when due, all federal, state,
City, municipal and local taxes, assessments, rates, and license fees of whatever nature that are
or may be during the Initial Term levied, assessed, imposed, or charged on the Property and
Leased Premises and on all improvements now thereon or hereafter to be built or made thereon.
The City shall pay and discharge when due, all federal state, City, municipal and local taxes,
assessments, rates, and license fees of whatever nature that may be during the Initial Term
levied, assessed, imposed or charged on or against the income from the use and enjoyment of the
Leased Premises or improvements thereto along with any sales occurring at the Leased Premises.
No such payments shall be considered a payment of rent entitling the City to a credit under any
Page 4 of 8
other provision of this Lease. The failure to pay any such tax, assessment, rate or licensee fee,
the validity of which shall be contested in good faith and with reasonable promptness, and in
accordance with applicable law, shall not be interpreted as a violation of this covenant until such
contest shall have been abandoned or the time for objection or appeal has expired.
8.Casualty Insurance. The Trust shall insure the Leased Premises for loss, damage or
destruction by casualty and all causes of loss insurable under a Causes of Loss-Special Form
Policy, insuring an amount of not less than 100% of the full insurable value of the Leased
Premises and the permanent City improvements to the Leased Premises. The Trust shall pay the
cost of the premiums for such insurance. Within thirty (30) days following a written request
therefor, the Trust shall provide the City with an ACORD certificate of all policies required
herein, including an endorsement providing that such insurance shall not be canceled except after
thirty (30) days-notice in writing to the City, endorsed on the policy if (and only if) such
endorsement is commercially available without any additional premium. The City shall be
responsible for obtaining its own insurance on any equipment, fixtures, improvements and any
other property which have not assumed the nature of a permanent City improvement to the
Leased Premises.
9.Liability Insurance. Throughout the term of this Lease Agreement, and renewal, the
Trust and City shall, at their own expense, maintain a policy or policies of general liability
insurance in an amount not less than $1,000,000.00 for injury to or death of any one or more
persons in any single event, and not less than $1,000,000.00 for damage to or destruction of
property and personal injury. The City of South Burlington shall be named as an additional
insured on the Trust’s policy. Each Party shall deliver to the other a certificate evidencing that
such insurance coverage is in effect upon demand.
10.Indemnification – Trust Held Harmless. It is an express condition of this Lease that the
City shall indemnify, defend (with counsel satisfactory to Trust), and hold the Trust, its officers,
directors, shareholders, agents and employees, harmless from and against any and all claims,
debts, demands, liabilities, losses, costs, damages, expenses (including reasonable attorneys’
fees), judgments, penalties, fines, or causes of action of every kind or character, whether in law
or in equity, by reason of any death, injury or damage to any person or persons or damage or
destruction of property or loss of use thereof, whether it be the person or property of Trust, its
agents or employees, or of any third persons, arising from any negligent acts or omissions or
intentional misconduct by the City, its agents, officers, employees, invitees or guests.
11.Indemnification – City Held Harmless. It is an express condition of this Lease that the
Trust shall indemnify, defend (with counsel satisfactory to City), and hold City, its officers,
agents, employees, invitees and guests, harmless from and against any and all claims, debts,
demands, liabilities, losses, costs, damages, expenses (including reasonable attorneys’ fees),
judgments, penalties, fines, or causes of action of every kind or character, whether in law or in
equity, by reason of any death, injury or damage to any person or persons or damage or
destruction of property or loss of use thereof, whether it be the person or property of City, its
agents, officers, employees, invitees or guests, or of any third persons, arising from any negligent
acts or omissions or intentional misconduct by the Trust, its agents, officers, directors,
shareholders, or employees.
Page 5 of 8
12.Default, Remedies, Damages.
a.Each of the following shall constitute an Event of Default:
i.The City fails to pay rent as provided in Paragraph 5.
ii.The City or the Trust fail to maintain at all times the insurance required by this
Lease.
iii.The City or the Trust fail to comply with any agreement or requirement in this
Lease for a period of thirty (30) days after written notice from the other Party.
iv.The Trust fails to maintain the Leased Premises in a manner that can be utilized
by the City for the purposes outlined in this Lease.
b.For so long as an Event of Default by City shall exist and be continuing, the Trust may
give written notice to City specifying the Event of Default and stating that City’s rights to
the possession, use and occupancy of the Leased Premises under this Lease Agreement
shall expire and terminate on the date specified in such notice, which date shall be at least
ten (10) business days after the giving of notice, and upon the date so specified, all rights
of City under this Lease Agreement shall so expire and terminate.
c.For so long as an Event of Default by Trust shall exist and be continuing, City may give
written notice to the Trust specifying the Event of Default and declaring this Lease
Agreement expired and terminated on the date specified in such notice, which date shall
be at least ten (10) business days after the giving of notice and upon the date so specified,
all rights of the Trust under this Lease Agreement shall so expire and terminate.
d.Upon any termination of the Lease by the Trust, the City shall immediately vacate the
Leased Premises and surrender the same to the Trust in the same condition as received,
reasonable wear and tear excepted. In the event the City fails to so vacate and surrender
the Leased Premises, the City shall pay all costs reasonably incurred by the Trust in
requiring City to vacate, including reasonable attorneys’ fees and costs. Upon the
termination of this Lease Agreement, City will remove all goods and effects not the
property of Trust, at City’s expense. The City shall promptly repair any damage thereby
caused to the Leased Premises, reasonable wear and tear excepted, at City’s expense. At
the Trust’s option, any goods and effects not so removed shall be deemed abandoned by
City and thereupon shall become the sole property of Trust. In the event the City shall
fail or refuse to vacate the Leased Premises without breach of the peace after termination,
Trust shall also have all rights and remedies as may be available under applicable law at
the time of the occurrence of the Event of Default.
e.Upon any termination of the Lease by City, all rent shall be apportioned as of the date of
such termination and any rent paid for any period beyond said date shall immediately be
repaid to City. In the event the Trust fails to so reimburse City for rent and costs, Trust
shall pay all costs reasonably incurred by City in requiring Trust to reimburse, including
reasonable attorney’s fees and costs. The City shall also have all other rights and
remedies as may be available under applicable law at the time of the occurrence of the
Event of Default.
Page 6 of 8
13.Holdover. If City maintains possession of the Premises for any period after the
termination of this Lease ("Holdover Period"), City shall pay to Owner lease payment(s) during
the Holdover Period at a rate equal to the most recent rate preceding the Holdover Period.
Such holdover shall constitute a month-to-month extension of this Lease.
14.Assignment and Subletting. City shall not assign, sublet, subcontract, or otherwise
purport to transfer this Lease or any right, or obligation granted to or required of it by this Lease
without the prior written consent of the Trust. No such assignment or sublease shall serve to
release the City from any of its obligations, duties or responsibilities under this Lease unless the
Trust agrees to such release in writing. Any such sublease shall be in writing and promptly upon
the execution thereof, City shall furnish a copy to the Trust. Notwithstanding the foregoing, in
the event that the City is in default with respect to a loan obligation to a lender where such
default, pursuant to an agreement between the City and such lender, would permit such lender to
assign the Lease, the Lease may only be assigned by such lender with the prior written consent of
the Trust, which shall not be unreasonably withheld.
15.Non-Appropriations. In the event no funds are appropriated for this Lease Agreement, the
City of South Burlington has the right upon completion of any given fiscal year, to terminate this
contract without penalty, either in whole or in part.
16.Waiver. No waiver of breach/default by the City or the Trust of any of the terms,
covenants, or conditions hereof to be performed, kept and preserved by the City or Trust shall be
construed to be a waiver of any subsequent default. The acceptance of rent or the performance
of all or a part of this Lease by the Trust or the City for or during any period or periods after
breach/default of any of the terms, covenants and conditions herein contained to be performed,
kept and observed by the City or the Trust, shall not be deemed a waiver of any right on the part
of the City or the Trust to declare a default or cancel this Lease for a subsequent breach thereof.
17.Waiver of Subrogation. Trust and City hereby release the other and their officers,
directors, shareholders, agents and employees from any and all liability or responsibility (to the
other or anyone claiming through or under them by way of subrogation or otherwise) for any loss
or damage to property caused by any of the perils which are actually insured against under
standard policies of fire and casualty insurance (including extended coverage) in effect at the
time of the casualty occurrence or loss, even if such fire or other casualty shall have been caused
by the fault or negligence of the other Party, or anyone for whom such Party may be responsible.
Each Party shall request its insurer to issue policies of insurance that include such a waiver of
subrogation. If such policies shall not be obtainable, this Section shall have no effect. If such
policies shall at any time be unobtainable, but shall be subsequently obtainable, neither Party
shall be subsequently liable for a failure to obtain such insurance until a reasonable time after
notification thereof by the other.
18.Notice. Any notice or other communication to be given hereunder shall be in writing and
mailed or telecopied to such Party at the address or number set forth below:
If to Trust: Poon Trust, LLC
______________________
Page 7 of 8
______________________
If to City: City of South Burlington
ATTN: City Manager
180 Market St.
South Burlington, Vermont 05403
or to such other person, address or number as the Party entitled to such notice or communication
shall have specified by notice to the other Party given in accordance with the provisions of this
Section. Any such notice or other communication shall be deemed given: (i) if mailed, when
deposited in the mail, properly addressed and with postage prepaid; or (ii) if sent by telecopy,
when transmitted.
18.Severability; Governing Law; Entire Agreement; Integration; Captions. If any provision
of this Lease or portion of such provision or the application thereof to any person or
circumstance is held invalid, the remainder of the Lease (or the remainder of such provision) and
the application thereof to other persons or circumstances shall not be affected thereby. This
Lease shall be governed by and construed in accordance with Vermont law. The Parties consent
to and submit to in personam jurisdiction and venue in the State of Vermont, County of
Chittenden, and in the U.S. District Court for the District of Vermont. The Parties assert that
they have purposefully availed themselves of the benefits of the laws of the State of Vermont and
waive any objection to venue, and waive any plea of forum non conveniens. This Lease contains
the entire agreement and understanding by and between the Parties affecting the subject matter
hereof, superseding any and all previous agreements, written or oral, between said Parties and
affecting the same, and it may be modified or amended only in writing signed by both Parties.
No representation or agreement made before or after this Lease shall be valid or enforceable
unless in writing and signed by a representative of the City and the Trust. The captions and
number appearing herein are inserted only as a matter of convenience and are not intended to
define, limit, construe, or describe the scope or intent of any section or paragraph nor in any way
affect this Lease.
(signatures on following page)
Page 8 of 8
IN WITNESS WHEREOF, the Parties hereto, each by their respective Duly Authorized
Agents, have caused this instrument to be executed this ___ day of ______________, 2022.
Trust: POON TRUST, LLC
BY: _____________________________
Its Duly Authorized Agent
City: CITY OF SOUTH BURLINGTON
BY: ______________________________
Its Duly Authorized Agent
From: Martha Machar, Finance Officer
Andrew Bolduc, Deputy City Manager
To: South Burlington City Council
Subjects: FY22 Preliminary Financial Report, Year End June 30, 2022
Date: July 14, 2022
Q4 and End of FY22 Preliminary Summary Report:
This is an overview projection of FY22 year-end financials. The department-specific financial
narratives and a full end of year financial report will be provided to Council once the financial
books are closed in August. With a number of invoices still coming in for June, we are currently
projecting an end of FY22 surplus in-line with our Q3 projections, around $1.2M.
Some of the drivers for the projected surplus include savings from unfilled positions, health care
costs, as well as some delayed capital projects due to COVID-19 impacts. On the revenue side,
local option tax revenues and fire and electrical inspection fees significantly out-performed
conservative projections made back in December 2020. The City also received a $97K
reimbursement as a result of a workers’ compensation insurance audit as well as COVID-19
FEMA grant revenues.
Per this preliminary report, we are forecasting that this will be the second year in a row the city
ended the year with over a million-dollar surplus. From last year, the City’s fund balance is
currently in good position based on what is recommended in the City’s fund balance policy. With
this in mind, City management will be considering high inflation and COVID-19 impacts and
make pro-active decisions to address FY23 foreseen deficits as well as make one-time project
funding recommendations for Council consideration when we close out the fiscal year in August
and dedicate these surplus funds.
Some of these items include, but are not limited to:
•Planning and Zoning staff capacity
•Capital projects funding
•Reducing SB pension plan long term liability
•Trinity Education Center
•Contingency funding FY23 foreseen deficits:
o High inflation impacts
o 19 Gregory Drive lost lease revenue
104 Landfill Road, South Burlington, VT 05403 www.southburlingtonvt.gov tel 802.658.7961
Memo
To: South Burlington City Council
From: Thomas J. DiPietro Jr., Director of Public Works
Cc: Andrew Bolduc
Date: July 15, 2022
Re: Revision to Resolution on Utility Rates Passed by Council on July 11, 2022
Subsequent to City council approving a “Resolution Establishing The Fiscal Year 2023 Water, Sewer,
and Stormwater Rates and Connections Fees” at the July 11, 2022 meeting staff noticed a typo in the
document. The water connection rate was indicated per 1,000 cubic feet rather than per gallon. For
example, the original memo indicated the past water rate was $1.73 per 1,000 cubic feet of metered
water flow. That should have read $1.73 per gallon of metered water flow. The revised resolution
corrects this typo.
I recommend that council replace the previously approved resolution with the corrected version
attached to this memo.
CITY OF SOUTH BURLINGTON
A RESOLUTION ESTABLISHING THE FISCAL YEAR 2023 WATER, SEWER, AND STORMWATER RATES AND CONNECTION FEES
WHEREAS, it is necessary for the City of South Burlington to amend its current Water Rates, Water Connection Fees, Sewer Rates, Sewer Connection Fees, and Stormwater Rates; and,
WHEREAS, a sewer and water user fee is paid by all users of the water and sewer systems based upon their metered water usage; and,
WHEREAS, a stormwater fee is paid by the owners of all developed property in the city; and,
WHEREAS, the City has the authority to establish rates to defray costs of planning, design, construction, operations and maintenance of its water system; and,
WHEREAS, the total annual sewer charges received by all customers shall be sufficient for the
payment for the costs of operating, maintaining and repairing the sewer collection system and
plant facilities; and,
WHEREAS, the total annual revenue generated by stormwater user fees shall be sufficient to fund the City’s stormwater program; and,
WHEREAS, the City charges every person seeking to expand an existing Sewer capacity allocation, or building a facility requiring a new Sewer capacity allocation, a Connection Fee; and,
WHEREAS, Article VIII, Section 1 of the City of South Burlington Water Ordinance states,
"The rates shall be established by resolution at an open meeting of the Legislative Body"; and,
WHEREAS, Article IV, Section 1 of the City of South Burlington Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems authorizes the City
Council to set an annual Sewer Disposal Charge, and,
WHEREAS, Article VI, Section 6.1 of the City of South Burlington Sewerage and Stormwater Ordinance authorizes the City to assess an Equivalent Residential Unit (ERU) based stormwater fee; and,
WHEREAS, Article IV, Section 6.1(C) of the City of South Burlington Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems authorizes the City Council to establish by resolution the monthly rate for each ERU, and,
WHEREAS, the Fiscal Year 2023 budgets for Sewer and Water are based on the
increases in the Sewer and Water rates and Connection Fees as proposed herein; and,
WHEREAS, the Fiscal Year 2023 budget for Stormwater is based on the increase in Stormwater rate as proposed herein; and,
WHEREAS, the current Water Rate is $32.40 per 1,000 cubic feet of metered flow, the current water connection rate is $1.73 per 1,000 cubic feetgallon of new or increased daily demand, the current Sewer Rate is $43.64 per 1,000 cubic feet of metered water flow, the current Sewer Allocation Fee is $13.06 per gallon of new or increased daily demand, the current Sewer
Connection Fee is $63 ($50 Connection Fee and a $13 Digitization Fee), and the current
stormwater rate is $7.20 per ERU.
NOW, THEREFORE, BE IT RESOLVED the South Burlington City Council establishes the Water Rate at $33.37 per 1,000 cubic feet of metered flow, the Water Connection Fee at $2.05
per 1,000 cubic feetgallon of new or increased daily demand, the Sewer Rate at $44.49 per 1,000
cubic feet of metered water flow, the Sewer Allocation Fee at $13.45 per gallon of new or increased daily demand, the Sewer Connection Fee at $63 ($50 Connection Fee and a $13 Digitization Fee), and the stormwater rate at $7.32 per ERU.
FURTHER, BE IT RESOLVED, the terms of this Resolution shall be effective July 1, 2022.
APPROVED this day of July , 2022.
SOUTH BURLINGTON CITY COUNCIL
___________________________ _____________________________
Helen Riehle, Chair Tom Chittenden
___________________________ _____________________________
Meaghan Emery, Vice-Chair Matt Cota
___________________________
Tim Barritt, Clerk
180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sbvt.gov
MEMORANDUM
TO: South Burlington City Council
Jessie Baker, City Manager
FROM: Paul Conner, AICP, Director of Planning & Zoning
SUBJECT: Public Hearing: Correcting Omission from LDR amendment #LDR-22-02 – Site
Amenities
DATE: July 18, 2022 City Council Meeting
The City Council has warned a public hearing to add a document from the last round of amendments to the
Land Development Regulations was unintentionally omitted from the City Council’s packets at the first
reading and hearing. The missing piece was an amendment to Article 11B – Site Amenities and Civic Spaces.
The amendment, #LDR-22-02 – established site amenity requirements for new development and residential
conversions. The specific omitted section includes two sets of changes: (1) to assign applicability of the
various site amenity types to site plans city wide (expanding from the current Form Based Code and Urban
Design Overlay applicability) and (2) adding two new site amenity types.
This section – Article 11B – was included in the public hearing and approval by the Planning Commission, and
was included in the hearing notice for City Council but was physically absent from the package provided to
Council.
As of the writing of this memo, July 18th, no public comments have been received on this hearing.
Public Hearing Recommended motion: “I move to open a public hearing on a proposed amendment to
Article 11B, Site Amenities, of the Land Development Regulations, as part of LDR amendment #22-02.”
Following receipt of public input, the Council is invited to close the hearing.
And, subsequently, the Council is invited to consider a motion to adopt the amendment.
Adoption Recommended motion: “I move to adopt amendment to Article 11B, Site Amenities, of the Land
Development Regulations, as presented.”
180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sbvt.gov
PROPOSED AMENDMENTS to the SOUTH BURLINGTON
LAND DEVELOPMENT REGULATIONS
Public Hearing Monday, July 18, 2022 at 7:00 pm
PLEASE TAKE NOTICE that the City Council will hold a public hearing on Monday, July 18, 2022 at 7:00 PM to
consider amendments to the Land Development Regulations. The amendments affect all parts of the City
unless otherwise specified below. The hearing will be held in person and remotely via GoToMeeting.
Participation options:
•In Person: City Hall Auditorium, 180 Market Street
•Interactive Online: https://meet.goto.com/SouthBurlingtonVT/city-council-meeting07-18-2022
•Telephone: +1 (408) 650-3123; Access Code: 953-721-917
The purpose of the hearing is to consider the following:
A.LDR-22-02A: Establish applicability of Site Amenities requirements for subject to site plan review; add
additional allowable Site Amenity types (Article 11.B)
Copies of the proposed amendments are available for inspection at the Department of Planning & Zoning,
City Hall, 3rd Floor, 180 Market Street, and on the city website at www.sbvt.gov.
Helen Riehle, City Council Chair
June 30, 2022
ARTICLE 11.B Civic Space / Site Amenity Requirements
Type Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity
Outdoor Café/
Restaurant Seating
Sun Terrace Indoor Park/Atrium Courtyard Shared Garden Space Rain Garden Snippet/ Parklet Pedestrian Pass Streetfront Open Space Indoor/Outdoor Space Private Porch or
Balcony
Private Yard Space Enhanced or
Recreational
Wetlands/Stormwater
Treatment Area
Wooded Area
Applicability City Center
FBC District applicability
(where may be located)
All Transect Zones FBC
Districts (must be
associated with a
restaurant).
Buildings having 3 or more
stories in T4 and T5.
T4, T5 All Transect Zones. FBC
Districts
All Transect Zones FBC
districts.
All Transect Zones. FBC
districts
All Transect Zones FBC
districts; Parcels with land
within the Urban Design
Overlay District
T4, T5 All Transect Zones FBC districts T4, T5 T-3 and T3+ T-3 and T3+ Onsite in FBC T3 and
T3+ unless counting as off-
site open space for T4 and
T5 and meeting all of the
requirements and
limitations of 8.08E.
Onsite in FBC T3 and T3+ unless
counting as off-site open space
for T4 and T5 and meeting all of
the requirements and limitations
of 8.08E.
Site Plan applicability
outside City Center FBC
District
All Site Plans All Site Plans All Site Plans All Site Plans All Site Plans All Site Plans All Site Plans All Site Plans
Description & Service
Intent
An open-air seating area
provided by a restaurant
located on the subject or
adjoining property,
where restaurant
patrons can eat or drink
Accessible and open area on
upper story with seating and
gathering amenities.
Interior open space
where at least one wall
facing the street consists
entirely of glass.
Common Open Space
area on a portion of a lot.
Land set aside and
maintained for
production of food to be
used primarily for
participating gardeners.
A shallow depression planted
with native plants that
captures rainwater runoff from
impervious urban areas.
Small sitting area clearly
intended to provide
welcoming respite between
or adjacent to buildings. May
serve general public,
employees, residents, or
customers.
Narrow pedestrian right
of ways that cut through
blocks in residential
and/or commercial
areas.
Liner open space area to
secondary streets, as permitted
per the Regulations.
Indoor common area
with direct access to a
ground or upper-level
outdoor space. For
residential uses.
Private porch balcony for
use by residents of an
individual dwelling unit.
Private yard space
associated with a
residential unit.
An existing wetland buffer
or new stormwater
treatment area which
offers public amenities
that exceed those
minimally necessary for
water resource
management.
Naturally occurring area with
predominance of canopy trees
with enhancement and public
access.
Size Minimum 100 sq. ft. 500-3,000 sq.ft; total area shall
not count as more than 50% of
the minimum required
qualifying open space.
Minimum area 1,500
sq.ft. Minimum ceiling
height 20'. Area to be
counted as qualifying
open space shall not
exceed twice the area of
the glass wall.
5,000-20,000 sq. ft. Minimum 400 square
feet. Encouraged to
serve at least 20% of
units in multifamily
developments.
Maximum size of 3,500 sf;
shall not count as more than
50% of minimum required
qualifying open space.
600-4,000 sq. ft. 8' minimum width; 24'
maximum width.
50' minimum depth from closest
public street line; or if private, 50'
minimum depth from edge of
pavement or sidewalk as
applicable.
Minimum 300 sq. ft.
indoors and 600 sq. ft.
total.
Minimum 6' depth and 8'
width. The total area
may not count as more
than 50% of the
minimum required
qualifying Site Amenity
area.
As directed by minimum
requirements.
Shall include the land of
the improvement (such as
enhanced path, viewing
platform, etc) and 50 feet
to either side; total area
shall not count as more
than 50% of minimum
required qualifying open
space.
2,500 sq. ft. minimum; Shall
include the land of the
improvement (such as enhanced
path, viewing platform, etc) and
no more than 50 feet to either
side; total area shall not count as
more than 50% of the minimum
required qualifying open space.
Location & Access Highly visible, directly
adjacent to public right of way. See additional
public realm standards
below.
Second floor or above.
Encourage location in places which have spectacular views.
Accessible directly from the
sidewalk or public corridors.
For T5 Non-Residential, must
provide adequate signage
about location and accessibility
in hallways and elevators.
Building interior adjacent
to sidewalk or public open space. Direct
access from street level.
Provide several
entrances to make the
space available and
inviting to the general
public.
Physically defined by
surrounding buildings on three or four sides.
May not be located in
any class wetland or wetland buffer. Shall
have proper drainage.
The garden should be
positioned near a runoff source like a downspout,
driveway or sump pump to
capture rainwater runoff and
stop the water from reaching
the sewer system.
Must be directly adjacent to
public right of way and sidewalk or operable building
entry. Applicants are
encouraged to consider
lighting and safety in design.
No vehicular traffic. Must
connect two public streets. Storefronts and
restaurants are highly
encouraged to access
the pedestrian pass.
Must be immediately adjacent to
qualifying secondary street. See Chapter 8 for additional
regulations. Must be on each
side of roadway, unless a
complying building is located on
the opposite side.
Available for use by
residents of a building.
Directly adjacent to and
accessible to at least one entry of the associated
dwelling unit.
Must be visible to public
or tenants and users of building. Direct pedestrian
access from adjacent
public street type.
Must be accessible, at minimum,
by residents, tenants, or customers of site. Must be onsite.
Offsite wooded areas shall not be
considered qualifying open space
even where the LDR permit open
space to be located off-site.
Seating*, Tables, Etc. Seating material shall be
of moderate to high
quality in order for café
space to be considered
qualifying open space.
One seating space for every 50
sq.ft. of terrace area.
Provide one seat for
every 100 sq.ft. of floor
area, one table for every
400 sq.ft. of floor area.
At least one half of
seating to consist of
movable chairs.
One seating space for
each 500 sq.ft. of
courtyard area, with a
minimum of 10 seating
spaces.
None required. The space must serve as a
visual amenity which can be
enjoyed through paths or
seating. Adjacent seating,
proportionate with the size of
the garden and number of
users, intended to enhance
the garden is required and can
be counted as part of the
required open space.
Seating must be the main
focus of the space. Seating
must be present year-round
and composed of high
quality materials. Fixed
seating is required unless the
applicant demonstrates that
moveable seating will meet
the stated goals of the type.
One seating space for
each 150 sq.ft.
Seating is encouraged, but there
shall be no minimum
requirement.
Must be appropriately
furnished to meet service
intent.
No requirements. No requirements. If functional for sitting and
viewing, seating can be
ledges, benches, and/or
stairs.
Light enhancement expected.
Must include improvements,
including cleared paths and
benches.
Landscaping, Design-For optional separated
seating areas, use
planting boxes of
interesting patterns of
plants, open fences of
less than 3 feet in height,
or decorative and
moveable bollards with
decorative chain connectors.
Terrace may take one of the
following forms: complex
architectural setting which may
include art works; flower
garden; space with trees and
other planting. Planted roofs
are permitted provided area is
also a functional seating space.
Provide attractive paving
material to create
interesting patterns. Use
rich plant material.
Incorporate sculpture
and/or water feature.
If paved, area shall be
amended throughout
with substantial planted
areas or large planters of
trees and lush greenery.
If grassed, area should
be articulated at
perimeter with lush
greenery.
Must have adequate
planting soils, tested for
pH balance, drainage,
nutrients, etc. (proof
provided prior to
Certificate of
Occupancy). Where they
are inadequate, soils
shall be amended for more suitable farming.
Shall have water service
directly to gardens.
Raised planters or other
semi-permanent
infrastructure
encouraged.
Deep rooted native plants and
grasses.
Landscaping shall also be a
primary component of the
space. Because the space is
inherently small, it shall be
carefully landscaped in a
higher proportion than larger
spaces. Landscaping should
not interfere with seating, but
instead complement it. Spaces should appear warm
and inviting and permanent
rather than temporary.
If paved, area shall
provide trees or large
potted plants at no more
than 50 foot intervals. If
grassed, area shall be
accented with
intermittent trees or
public art.
Slight, gentle, and undulating
berms from 1-3 feet in height are
encouraged to block views of
parking areas. Ever-green
landscaping is required. Include
canopy trees whose branches
are above the average visual line
of sight, located throughout the
space, with no more than 40 feet between any two such trees or
between a tree and the street or
parking area. Landscaping
should aim to distract from
parking beyond, but should not
create dense walls of shrubbery
or trees. Artwork is also highly
encouraged.
Landscaping and seating
must be appropriately
designed to meet service
intent.
No requirements. No requirements.
Landscaping, lawns or
planned seating/dining
areas (patios and decks)
are encouraged.
LID techniques; no
fencing permitted.
Majority of area must be covered
with canopy trees. Light
enhancement expected. Must
include cleared paths, benches,
and/or other amenities.
Commercial Services,
Food
May serve as seating
area for adjacent
restaurant/food service,
or be space provided for
Dependent on Transect, may
possibly be used up to 100%
for commercial food services.
See Table 8-1.
30% of area may be
used for restaurant
seating taking up no
more than 30% of the
Not permitted Not permitted. Not permitted. Permitted 40% of area may be
used for restaurant
seating.
Not permitted.Not permitted.Not permitted.Not permitted. Not permitted. Not permitted.
Sunlight and Wind Sunlight encouraged to
most of the occupied
area at lunchtime.
No requirements No requirements except
as noted for street
façade to be wall of
Sunlight to sitting areas
for most of day.
Full sunlight. Appropriate to the plant
species selection.
No requirements No requirements. No requirements. No requirements. Exterior to building. Appropriate to the plant
species selection.
No requirements
Other Plan shall be established
and submitted to ensure
continual use and
maintenance of the gardens, whether by
residents, association,
property owner or
property manager.
See LID language for
additional standards.
Bicycle parking may be
permitted within these areas;
however, the space
dedicated to bicycle parking shall not count towards
meeting the open space
requirements.
Separate travelled way from
parking areas; shall create
pedestrian environment.
Must be located on
applicant-owned property.
Notes:
Seating dimensions:*Required dimensions
for one seating space or
one seat are as follows:
Height: 12" to 36"; ideally 17";
must allow user to bend knees
and have feet below knees
Depth: 14" one-sided; 30-
36" double-sided
Materials All products installed in qualifying open spaces shall be of high quality materials
intended to be used for commercial application.
South Burlington Land Development Regulations
ARTICLE 11.B Civic Space / Site Amenity Requirements
Type Civic Space Civic Space Civic Space Civic Space Civic Space; Site Amenity Civic Space; Site Amenity Civic Space; Site Amenity Civic Space; Site Amenity Civic Space; Site Amenity
Neighborhood Park Greenway Green Square Plaza Pocket Park Pocket Plaza Playground Community Garden
City Center FBC
District applicability
(where may be located)
T3, T3+, T4 T3, T3+, T4 T3, T3+, T4 T4, T5 T4, T5 All Transect Zones T4, T5 All Transect Zones All Transect Zones
Site Plan applicability
outside City Center
FBC District
All Site Plans All Site Plans All Site Plans All Site Plans All Site Plans
Subdivision / PUD
Applicability outside
City Center FBC
All Subdivisions / PUD Types All Subdivisions / PUD Types All Subdivisions / PUD Types TND PUD (8+DU/A), NCD,
IRD, General PUD, All Non-
PUD Subdivisions
NCD, IRD--Mixed Use,
General PUD, All Non-PUD
Subdivisions
All Subdivisions / PUD Types NCD, IRD--Mixed Use,
General PUD, All Non-PUD
Subdivisions
All Subdivisions / PUD Types All Subdivisions / PUD Types
Description Informal, primarily natural
green space managed for
passive unstructured
recreation, limited structured
recreation, and community
gatherings, events
Linear, informal, primarily
natural green space that
typically borders and may
incorporate a natural feature
such as a riparian or habitat
corridor, or a connecting
recreation or pedestrian path
Informal but well-defined
natural and landscaped green
space, designed and
managed for passive,
unstructured recreation,
limited structured recreation,
social interaction, and
neighborhood gatherings,
events
Formal, well-defined and
landscaped, outdoor living
space designed and managed
for passive, unstructured
recreation, limited structured
recreation, social interaction,
and neighborhood gatherings,
events
Formal, well-defined,
landscaped and hardscaped
outdoor living space,
designed and managed for
foot traffic, social interaction,
civic and commercial
activities and events, and use
by adjoining businesses
A small, landscaped green
space, designed and
managed as an outdoor living
"room" for more limited
passive recreation and social
interaction.
A small, formally landscaped
and hardscaped outdoor area
or "room," designed and
managed for foot traffic,
social interaction, and limited
civic and commercial
activities
Open space designed and
equipped for children; may be
included in other open/civic
space types
Open space consisting of a
grouping of garden plots for
use by neighborhood
residents; may be included in
other open/civic space types
Service Area Intended to serve multiple
neighborhoods located within
walking or biking distance (1/2
mile) of the park. Typically
located between adjoining
neighborhoods. May also
serve as a buffer area
between incompatible
development
Intended to serve and
connect multiple
neighborhoods, open space
areas, public facilities, and
mixed use centers, as part of
the City's planned open space
and recreation path network.
Typically located within
edge/buffer areas; may serve
as a buffer area between
incompatible development
Intended as the focal point of
a residential or mixed use
neighborhood that serves to
enhance neighborhood
identity and character, and
accommodates neighborhood
gatherings and events.
Typically centrally located to
the area (streets, blocks) it
serves
Intended to serve as a focal
point, and outdoor living
space, in a more urban,
higher density residential or
mixed use neighborhood.
Typically centrally located to
the area (streets and blocks)
it serves; may also front civic
buildings
Intended to serve adjacent
sites on a street or block face
within a more densely
developed commercial or
mixed use area. Typically
located at a street
intersection, but may also be
located midblock.
Intended to serve the
immediate area (street, block)
within walking distance (1/4
mile), including adjoining
residences and businesses.
Typically located mid-block, or
on a street corner. Especially
suited for infill development in
neighborhoods that lack open
space.
More urban version of a
pocket park; intended to
serve the immediate area
(street, block) within walking
distance (1/4 mile), including
adjoining residences and
businesses. Typically located
mid-block, or on a street
corner.
May be a type of civic space,
feature within a civic space,
or a building amenity.
May be a type of civic space,
feature within a civic space,
or a building amenity.
Typical Features Paths, trails, trees, ballfields,
playground, dog park, play
area, community garden,
small accessory structures,
seating; may include a small
farm in appropriate context;
may include limited onsite
parking.
Recreation path, trail, trees,
small accessory structures,
water fountains, seating
areas, overlooks; vehicle
parking limited to access
points/trail heads
Paths, trails, seating areas,
trees, gardens, public art,
small accessory structures;
no onsite parking
Formally arranged paths,
trees, gardens, seating areas,
public art, fountains, small
accessory structures, no
onsite parking
Seating areas, vendor areas,
public art, fountains,
ornamental trees, planters,
small accessory
structures/buildings; no onsite
parking
Path, seating area, trees,
gardens, community garden
playground, public art, small
accessory structure; no onsite
parking
Seating area, vendor area,
public art, fountain,
ornamental trees, planters,
small accessory structures;
no onsite parking
Playground equipment,
fountains, small accessory
structure (e.g., shelter),
seating area
Garden plots, accessory
facilities/structures (e.g.,
water source, equipment
shed); limited/no parking
Lot Size Minimum: 3 acres Maximum:
None
Minimum Width: 50 FT
No minimum length or overall
size; but must be designed to
serve the entire development,
and to connect to the existing
or planned path or open
space network in the vicinity
of the project
Minimum: 20,000 SF
Maximum: 120,000 SF
Minimum: 20,000 SF
Maximum: 80,000 SF
Minimum: 20,000 SF
Maximum: 60,000 SF
Minimum: 2,000 SF
Maximum: 20,000 SF
Minimum: 2,000 SF
Maximum: 20,000 SF
Minimum: 2,000 SF as a Civic
Space; 1,500 SF as a Site
Amenity
Minimum: 5,000 SF as a Civic
Space
Lot Coverage 0% Min, 30% max 0% Min, 30% max 0% Min, 20% max 0% Min, 30% max 60% min, 100% max 0% min, 50% max 60% min, 100% max
Frontage Independent of building
frontage; typically fronts on at
least one public street; and
may be accessed via one or
more streets, recreation, or
pedestrian paths.
Independent of building
frontage or bordering streets,
but a street may serve as a
boundary. Typically accessed
via intersecting streets,
recreation, or pedestrian
paths. In developed areas,
maybe spatially defined by
landscaping or attractive
fencing.
Typically has frontage on two
or more streets with adjacent
buildings and main building
entrances facing the Green.
Civic building lots, where
present, also border and front
on the Green.
Typically has frontage on one
or more streets, with adjacent
buildings and main building
entrances facing the Square.
Civic building lots, where
present, typically also border
and front on the Square.
Typically has frontage on one
or two streets, with adjacent
buildings that front on or
have public entrances facing
the Plaza. Prominent civic
buildings, where present, may
also front on the Plaza.
Typically has frontage on one
or two streets; and may be
spatially separated from
adjoining properties by
attractive fencing and
landscaping that define the
space.
Typically has frontage on one
or two streets, and is defined
and enclosed by adjacent
building facades, with
compatible architectural
elements, such as low walls,
screening, or fencing and
landscaping that define the
space.
If a Ccivic Sspace, must be
accessible from public street
If a Ccivic Sspace, must be
accessible from public street
Other:May also serve as a feature
within a different applicable
Civic Space
(1) See "Shared Garden
Space" for the Site Amenity
version of this use. (2) may
also serve as a feature with a
different applicable Civic
Space
Notes:
Neighborhood Civic Spaces may include or incorporate stormwater management practices. Any such practice must be designed to service the description and service intent of the applicable service space type and complement the features. The Board may exclude stormwater practices from the
calculation of minimum civic space requirements where it finds the practices to be excessive to the primary purpose of the civic space type
South Burlington Land Development Regulations
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
South Burlington Planning Commission
Proposed Land Development Regulations
Amendment & Adoption Report
Planning Commission Public Hearing Tuesday, March 22, 2022, 7:00 pm
In accordance with 24 V.S.A. §4441, the South Burlington Planning Commission has prepared the
following report regarding the proposed amendments and adoption of the City’s Land Development
Regulations.
Outline of the Proposed Overall Amendments
The South Burlington Planning Commission will hold a public hearing on March 22, 2022 at 7:00 pm, in
person and via Zoom electronic platform, to consider the following amendments to the South Burlington
Land Development Regulations:
A.LDR-22-01: Establish a General Planned Unit Development Type for new PUDs and amendments to
existing PUDs
B.LDR-22-02: Establish Site Amenity requirements for new development, expansions, or residential
conversions subject to site plan review; add additional allowable Site Amenity types, and allow
partial credit to Site Amenity and Civic Space requirements for nearby publicly-accessible civic
spaces & parks
C.LDR-22-03: Augment Site Plan review standards of Relationship of Structures to the Site, and of
Relationship of Structures and Site and to Adjoining Area.
D.LDR-22-04: Minor and technical amendments to include:
•Adjust Master Plan applicability for single-user lots
•Definitions updates and corrections
Brief Description and Findings Concerning the Proposed Amendments
A.LDR-22-01: Establish a General Planned Unit Development Type for new PUDs and
amendments to existing PUDs
Brief Description of the Proposed Amendment
This amendment would create a “General Planned Unit Development” Type to accompany the
existing “Traditional Neighborhood” and “Conservation” PUD types.
2
The General PUD would be permissible in zoning districts where the other two PUD types are not
available as options and for minor amendments to pre-existing PUDs approved under prior
regulations.
The General PUD would allow the Development Review Board to vary site plan, subdivision, and
other dimensional and design standards of the Land Development Regulations in order to better
achieve stated goals enumerated therein based on the needs of the site. The Development Review
Board may, for identified purposes, permit modifications to lot sizes, arrangement of buildings and
lots, building setbacks and heights, and re-allocation of density within the PUD. The General PUD
does not authorize increases in lot coverage, development density not otherwise allowed in the
Regulations, additional land uses, modification to the Environmental Protection Standards, or non-
dimensional / design standards such as inclusionary zoning or energy codes.
Findings Concerning the Proposed Amendments
The proposed amendments have been reviewed by the Planning Commission in the context of the
text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 1,
2016. The Commission has addressed the following as enumerated under 24 VSA 4441(c):
“…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall
include a statement of purpose as required for notice under section 4444 of this title, and shall include
findings regarding how the proposal:
1.Conforms with or furthers the goals and policies contained in the municipal plan, including the
effect of the proposal on the availability of safe and affordable housing.
The proposed General PUD is intended support the land use pattern envisioned through the
2016 Comprehensive Plan. The General PUD uses the City’s subdivision, site plan, zoning district
and general standards as the default and provides some flexibility in their application to meet
site-specific needs. A context assessment of the surrounding areas is required and provides
direction in the application of the standards. The General PUD will allow for site design and
layout that supports infill development, including housing, in difficult sites and where the
Development Review Board finds the intent of the Regulations are met. Relevant Comprehensive
Plan Objectives & Strategies:
Objective 3. Foster the creation and retention of a housing stock that is balanced in size and target income
level, is representative of the needs of households of central Chittenden County, and maintains an efficient
use of land for use by future generations.
Objective 5. Build and reinforce diverse, walkable neighborhoods that offer a good quality of life by
designing and locating new and renovated housing in a context-sensitive manner that will facilitate
development of a high-density, City Center, mixed used transit corridors, and compact residential
neighborhoods.
Objective 6. Continue to be an economic hub for the region consistent with the land use goals of the city.
Objective 16: Build and reinforce diverse, accessible neighborhoods that offer a good quality of life by
designing and locating new and renovated development in a context-sensitive manner.
3
Objective 31. Conserve, restore and enhance biological diversity within the City, through careful site
planning and development that is designed to avoid adverse impacts to critical wildlife resources, and that
incorporates significant natural areas, communities and wildlife habitats as conserved open space.
Objective 39: The majority of all new development will occur within the Shelburne Road, Williston Road,
and Kennedy Drive Corridors, and other areas within the Transit service area.
Strategy 8. Explore innovative land development regulations that allow for a range of residential building
and neighborhood types, including but not limited to cottage housing, clustered housing and infill
residential development.
Ongoing Activity 1: Continue to refine the City’s Land Development Regulations to promote the Plan’s goals
and objectives.
Ongoing Activity 15: Continue to encourage and consider incentivizing neighborhoods that use a mix of
housing types and integrate different types next to each other, rather than creating monoculture of one
type of housing.
2.Is compatible with the proposed future land uses and densities of the municipal plan.
The proposed amendments allow the DRB to vary dimensional and design standards within a
General PUD. They do not, however, alter the proposed or allowed land uses or densities
identified in the Comprehensive Plan.
3.Carries out, as applicable, any specific proposals for any planned community facilities.
The proposed amendments do not affect any specific proposals for planned community facilities.
B.LDR-22-02: Establish Site Amenity requirements for new development, expansions, or
residential conversions subject to site plan review; add additional allowable Site Amenity
types, and allow partial credit to Site Amenity and Civic Space requirements for nearby
publicly-accessible civic spaces & parks
Brief Description of the Proposed Amendment
This amendment would establish a common minimum requirement for new development or
residential conversions to include Site Amenities (private or common outdoor spaces for use by
residents/employees/visitors). Minimum amounts are 6% of non-residential building area or
between 60 and 100 s.f. per dwelling unit (depending on building size); both figures are drawn from
similar standards existing within the City Center Form Based Code. Site Amenity types are based on
those created for the City Center Form Based Code. Two additional types are proposed: indoor-
outdoor common area, and private balcony/porch.
The amendment would allow a Park or Civic Space that is located within 500 feet to count towards
50% of the minimum requirement if that distance is a safe, walkable connection.
4
The amendment would also create allowances related to minimum Civic Space associated with
major subdivisions. The minimum Civic Space requirement is proposed to be allowed to be off-site,
with 500 feet (safe & walkable) where the parcel to be subdivided is 6 areas in size or less.
Findings Concerning the Proposed Amendments
The proposed amendments have been reviewed by the Planning Commission in the context of the
text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February
1, 2016. The Commission has addressed the following as enumerated under 24 VSA 4441(c):
“…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and
shall include a statement of purpose as required for notice under section 4444 of this title, and shall
include findings regarding how the proposal:
1.Conforms with or furthers the goals and policies contained in the municipal plan, including the
effect of the proposal on the availability of safe and affordable housing.
The proposed amendments are identified in multiple places in the 2016 Comprehensive Plan.
Specific Goals and Objectives furthered by these amendments:
Objective 5. Build and reinforce diverse, walkable neighborhoods that offer a good quality of life by
designing and locating new and renovated housing in a context-sensitive manner that will facilitate
development of a high-density, City Center, mixed-used transit corridors, and compact residential
neighborhoods.
Objective 14. Seek a livable balance between public, commercial, and civic activity and private tranquility
and promote the health, peace, and well-being of residents in their daily lives.
Objective 15. For all new development, public and private, consider accessibility for users of differing ages
and physical abilities
Objective 16. Build and reinforce diverse, accessible neighborhoods that offer a good quality of life by
designing and locating new and renovated development in a context-sensitive manner.
Objective 30. Proactively plan for a network of interconnected and contiguous open spaces to conserve and
accommodate ecological resources, active and passive recreation land, civic spaces, scenic views and vistas,
forests and productive farmland and primary agricultural soils.
Strategy 35. Take into account the quality of life of residents, employees, and visitors in the development of
City policies, plans, projects, and regulations.
Strategy 68. Redefine open space in new developments such that usable, quality open space shall be
required. Qualifying open space should include civic spaces, recreation, wildlife habitat, and usable
agricultural lands.
Ongoing Action 11. Continue to build and reinforce diverse, walkable neighborhoods that offer a good
quality of life by designing and locating new and renovated housing in a context-sensitive manner.
5
Safe, immediate access to outdoor spaces – private or shared – supports affordability by assuring that all
residents are able to access the outdoors without having to own a car or use other forms of transportation.
Further, the establishment of site amenities does not require a reduction in density. Additionally, most
new housing in the past decade or more has included such amenities.
2.Is compatible with the proposed future land uses and densities of the municipal plan.
The Planning Commission finds the proposed amendment to be compatible with the proposed
future land uses and densities of the Comprehensive Plan.
3.Carries out, as applicable, any specific proposals for any planned community facilities.
The proposed amendments do not affect any specific proposals for planned community facilities.
C.LDR-22-03: Augment Site Plan review standards of Relationship of Structures to the Site,
and of Relationship of Structures and Site and to Adjoining Area.
Brief Description of the Proposed Amendment
The proposed amendments would provide direction to applicants and the Development Review
Board on applying these standards. This includes direction in consideration of Street Frontage,
Building Placement and Orientation, Contract of Scale, Pedestrian Orientation, Pattern & Rhythm,
Architectural Features, and Privacy.
Findings Concerning the Proposed Amendments
The proposed amendments have been reviewed by the Planning Commission in the context of the
text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February
1, 2016. The Commission has addressed the following as enumerated under 24 VSA 4441(c):
“…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and
shall include a statement of purpose as required for notice under section 4444 of this title, and shall
include findings regarding how the proposal:
1.Conforms with or furthers the goals and policies contained in the municipal plan, including the
effect of the proposal on the availability of safe and affordable housing.
The proposed amendments provide greater clarity to applicants and the DRB on application of
the existing standards in the Regulations. The proposed amendments do not directly impact the
availability of safe and affordable housing. However, the amendments will foster more context-
sensitive design in new development, which in turn supports walkability and, indirectly, overall
safety of environments through greater pedestrian use.
Specific Goals and Objectives furthered by these amendments:
6
Objective 5. Build and reinforce diverse, walkable neighborhoods that offer a good quality of life by
designing and locating new and renovated housing in a context-sensitive manner that will facilitate
development of a high-density, City Center, mixed used transit corridors, and compact residential
neighborhoods.
Objective 16: Build and reinforce diverse, accessible neighborhoods that offer a good quality of life by
designing and locating new and renovated development in a context-sensitive manner.
Strategy 35. Take into account the quality of life of residents, employees, and visitors in the development of
City policies, plans, projects, and regulations.
2.Is compatible with the proposed future land uses and densities of the municipal plan.
The Planning Commission finds the proposed amendment to be compatible with the proposed
future land uses and densities of the Comprehensive Plan.
3.Carries out, as applicable, any specific proposals for any planned community facilities.
The proposed amendments do not affect any specific proposals for planned community facilities.
D.LDR-22-04 Minor and technical amendments to include:
•Adjust Master Plan applicability for single-user lots
•Definitions updates and corrections
Brief Description of the Proposed Amendment
The amendments listed above represent minor adjustments to the regulations that promote
consistency in approach, policy, and organization within the Land Development Regulations.
Findings Concerning the Proposed Amendments
The proposed amendments have been reviewed by the Planning Commission in the context of the
text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February
1, 2016. The Commission has addressed the following as enumerated under 24 VSA 4441(c):
“…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and
shall include a statement of purpose as required for notice under section 4444 of this title, and shall
include findings regarding how the proposal:
1.Conforms with or furthers the goals and policies contained in the municipal plan, including the
effect of the proposal on the availability of safe and affordable housing.
The Comprehensive Plan supports consistency and streamlining of regulations.
Strategy 15. Conduct a comprehensive analysis of City regulations relating to permitting with an eye
toward ways to eliminate outdated or duplicative requirements and to further streamline the process of
7
obtaining needed permits with a specific focus on improving predictability of the process. Move as much of
the permitting process online as is viable to improve customer access and service.
2.Is compatible with the proposed future land uses and densities of the municipal plan.
The Planning Commission finds the proposed amendment to be compatible with the proposed
future land uses and densities of the Comprehensive Plan.
3.Carries out, as applicable, any specific proposals for any planned community facilities.
The Planning Commission finds the proposed amendment will not have any impact on planned
community facilities.
Green Mountain Transit Overview
South Burlington City Council
July 18, 2022
Who We Are
•1973: Chittenden County Transportation Authority (CCTA) wascreated as the state’s first and only transit authority.
•Municipal Corporation with a legislatively approved charter (24 App. V.S.A. ch.801)
•2016: CCTA and the Green Mountain Transit Agency (GMTA)combined and were renamed the Green Mountain Transit Authority.
•GMT provides service in six counties; Chittenden, Washington, Franklin, GrandIsle, Lamoille and Orange.
•Directed by a thirteen-member Board of Commissioners
•Councilor Cota represents S.B.
•180 employees, 160 revenue vehicles, 950 bus stops
Our Mission
The mission of GMT is to promote and operate, safe, convenient, accessible, innovative and sustainable public transportation services in northwest and central Vermont that reduce congestion and pollution,
encourage transit orientated development and enhance quality of life
for all.
Services Provided
•GMT provides multiple types of mobility services:
•Fixed route (city bus)
•Commuter (LINKS)
•Demand response
•Americans with Disabilities Act (ADA)
•Elders & Disabled (E&D)
•Non-Emergency Medicaid Transportation (NEMT)
•Weekly grocery shopping trips
•Seasonal tourism service
•Micro-transit
Ridership Data
South Burlington Fixed Route Services•Williston (#1) Route:
•Highest ridership route: 370K boardings YTD
•Connects downtown Burlington, UVM, Umall & Taft Corners•Highest service levels: 7 days/week, 20-minute base weekday service, PM service until 11:40pm (Mon.–Sat.)
•Airport (#11) Route:
•62K boardings YTD
•Connects downtown Burlington, UVM Medical Ctr., Dorset/Kennedy & Airport
•New service to the Downtown Transit Center•Service 7 days/week, 45-minute service, PM service to 11:40 PM (Mon.-Sat.)
•Shelburne (#6) Route:
•Third highest ridership route: 227K boardings YTD
•Connects downtown Burlington to Shelburne via Shelburne Road
•Farrell Street is the busiest stop on the route•Service 7 days/week, 20-minute peak hour service, PM service until 11:20 PM (Mon.-Sat.)
•Commuter Service: Montpelier, Middlebury & Hinesburg
GMT FY23 Revenue Sources
FY23 Urban Budget Summary
•$16M budget
•Originally planned 5% reduction of total Chittenden County service hours
•The GMT Board voted to avoid most reductions in FY23
•Planned reduction to 30-minute peak hour service on route #6 was avoided
•Thanks to T-bill funding GMT will remain zero-fare for all FY23
•Cost Pressures:
•ADA Program
•Fuel budgeted at $2.75/gal, average price of $4.77/gal in Q4
•330K annual gallons
•Wages/benefits
•Fare revenue
•$750K anticipated local match deficit in FY24
South Burlington Programs & Funding•FY23 Fixed Route Assessment: $331K
•4% increase from FY22
•FY23 ADA Assessment: $205K•1.2% decrease from FY22•Based on 50% (per GMT Charter) of the projected ADA program costs allocated bylast completed FY of actual ridership % by GMT member community.
•Total FY23 budgeted costs: $1.56M
•50% of budgeted costs: $780K
•7,731 S.B. resident trips in FY21 (26% of total ADA rides)
•10,023 rides in FY22 YTD (28% of total ADA rides)
•FY23 E&D Contribution: $2,625
•Match for weekly Hannaford Shopping Special•16 passengers per Tuesday•Service to Pillsbury Manor, The Pines and Country Park
FY24 Budget Considerations
•GMT will begin FY24 budgeting in coming months:
•Expect continued cost growth in the ADA program•Exploring ways to reduce volatility of ADA assessments
•Shift to origin and destination model to reflect regional program•Analyzing fixed-route assessment adjustments based on service changes (before andduring COVID-19)
•S.B. projected at ~4% increase for current service levels and ~14% increase for full-servicerestoration (Airport route and increased PM service)
•Combined projected assessment for S.B.:
•4% ($21K) for current service levels
•11% ($59K) for service restoration
•Additional non-federal funding will be needed to maintain service levels:•Highlights the needs identified in the CCRPC Transit Financing Study!
•Statewide non-federal funding source for transit
GMT Initiatives
•Fleet Electrification
•Two existing Battery-electric buses in service
•Partnered with VTrans on a federal grant application for six more BEB’s
•Transit Financing Study
•Reduce reliance on property taxes to fund the non-federal match for transit services
•Maximize the increase in federal funds
•Create a more sustainable revenue service to maintain and expand transit services.
•Micro-transit
•On-demand transit using app-based technology
•First mile/last mile and low-density applications (i.e Tilley Drive)
Questions & Contact
•Jon Moore, General Manager
•802-540-2527
•jmoore@ridegmt.com
Frank Kendall Secretary, United States Air Force
Dear Secretary Frank Kendall:
As the elected representatives of the city of South Burlington, VT, we wish to register our strong
objection to the training flights of Eglin AFB F-35s here at the base of the Vermont Air National
Guard between the dates of July 12 and July 28, 2022.
The fact that Mayor John B. Arnold, Jr. of the city of Valparaiso, neighbor to the Eglin AFB,
secured from federal court legal protection for the wellbeing of his residents brings home to us
here in the Burlington area the uneven delivery of justice and just how inconsistent judicial
decisions can be.
According to VTANG’s press release, “We’re happy to accommodate our active duty
counterparts from Florida,” said Col. Michael Blair, 158th Operations Group commander. “This
is a great opportunity to demonstrate interoperability within the total force.” We are disappointed
not to have directly received warning of this assignment at the time of the press release. As in so
many cases concerning VTANG, the local government of its host municipality is the last to
receive notification of decisions that have a significant impact on our residents. For much of the
civilian population living adjacent to our base and under the flightpath of the F-35s, please know
that the two weeks of training will disrupt a well-deserved, though brief respite while our
VTANG pilots are at Spangdahlem Air Base helping NATO troops with an air policing mission
in Europe.
We remain grateful for their service despite the inappropriate basing of the jets in a densely
populated area, as federal judges in Florida and elsewhere have determined and adjudicated.
Very truly yours,
__________________________ __________________________
Councilor Helen Riehle, Chair Councilor Meaghan Emery, Vice-Chair
__________________________ __________________________
Councilor Tim Barritt, Clerk Councilor Tom Chittenden
__________________________
Councilor Matt Cota
MEMORANDUM
TO: South Burlington City Council FROM: Andrew Bolduc, Deputy City Manager DATE: July 18, 2022 RE: Communication Union District – Chittenden County ______________________________________________________________________________
Background
A couple of months ago, the City Manager and I were at a Vermont City & Town Manager’s conference. In one of the seminars, Christine Hallquist of the Vermont Community Broadband
Board presented on Communication Union Districts (CUDs) and the status of regulatory efforts
from the legislative session. It quickly became apparent that the guidance provided to Chittenden County municipalities regarding the formation of a CUD in the County had changed with the latest round of legislation. Since that seminar, our regional partners, led by the CCRPC, Williston, and the Vermont Community Broadband Board, have coordinated efforts to possibly bring CUD
formation to the general election ballot in November.
Discussion
According to Vermont Department of Public Service data, less than 1% of South Burlington homes
are considered “underserved,” meaning, users experience maximum speeds of 4/1 (download/upload) Mbps. This “gap” in high-speed coverage is only around 6 residential sites out of 6,358 in the city. The majority of South Burlington residents are currently served through an extensive network of cable infrastructure routes. These routes provide users with 25/3 Mbps. However, there remains a minority of properties in the City served by high-speed fiber 100/100
Mbps.1
To illustrate the user-experience differences between these speeds, the following table outlines typical usage rates:
Activity Usage Required Recommended
Email 1 mbps 1 mbps
Web Browsing 3-5 mbps 5-10 mpbs
Social Media 3-5 mbps 10 mbps
Video Calls 3-5 mbps 10-20 mbps
HD Streaming 5-10 mbps 10-20 mbps
Online gaming 3-6 mbps 25-35 mbps
1 For additional local and regional data, visit the CCRPC map and tables at: https://ccrpc.maps.arcgis.com/apps/webappviewer/index.html?id=57464b7cad41460c8e1cf9bff4ed8d05
Relatively speaking, unlike many other regions of the state, Chittenden County has very few
pockets of underserved broadband access. The State’s efforts, particularly in funding, has therefore been focused primarily on those regions with larger pockets of 4/1 mbps, or unserved users. However, in seeking opportunities to close the last gaps of underserved residents, funding is now available for service providers to overbuild broadband infrastructure to only include 100/100 mbps
fiber. This means that providers will need to run fiber past South Burlington households that
currently have access to 25/3 to reach our few remaining underserved pockets.
As outlined in the CCRPC memo appended to this memo, a CUD provides a regional conduit for Federal and State broadband grant funds to pass through to a provider procured by the CUD who
can utilize that funding to augment their overall capital investment in the network that it will own
and manage. For example, under the Act 71 Broadband Construction Grant Program, the Vermont Community Broadband Board invites applications to finance broadband projects with service providers that achieve speeds of at least 100/100 mbps at all on-grid underserved and unserved locations. Eligible applicants for these funds are CUDs, small communications carriers, and
internet service providers working with CUDs. At this point in time, a Communications Union
District is the most viable solution to access federal funding for Broadband expansion in South Burlington.
Pursuant to 30 V.S.A. § 3051, in order to move forward with the formation of a CUD, either, two or
more municipalities must have its voters approve its formation, or, once a CUD is formed, the City
Council may join by application with the CUD board.
In order for the City to get a local ballot item on the general election ballot in November, the Council must warn the article no later than the August 15 Council meeting.
Recommendation
For this agenda item, Regina Mahoney of CCRPC and a representative from the Vermont Community Broadband Board will be available to answer any questions in greater depth as well as
share what they have heard from other regional legislative bodies they have been meeting with over
the past couple of weeks. Following this discussion, please let management know what additional information would be helpful in further considering this proposal at your next regular meeting on August 1st.
Page 1 of 4
MEMORANDUM
TO: Jessie Baker, South Burlington City Manager
FROM: Regina Mahony, CCRPC Planning Program Manager
DATE: 6/23/2022
RE: Broadband and Communications Union District
The Chittenden County Regional Planning Commission (CCRPC) has been coordinating efforts to expand high-
quality, high-speed and reliable internet access in the region. Due to the small percentage (4%) of unserved and
underserved households (approximately 1,991 out of 52,516 residential sites in the countyi) and the number of
existing service providers, we were hoping to be able to serve these households without establishing a
Communications Union District. We have unfortunately exhausted those efforts, and now feel that development
of a Communications Union District is necessary to achieve complete broadband coverage in the region. The
following memo is intended to provide information necessary for your Selectboard to understand the issue and
to provide an overview of a Communications Union District. This is most likely the best opportunity to access
public grant funds for broadband expansion, as the government infrastructure of a CUD is the required conduit
to be able to receive funds through the Vermont Community Broadband Board (VCBB) grant program. It is the
required fiscal vehicle to unlock these funds and deliver them to serve the local level in Vermont.
Communications Union Districts were established in Vermont Statute to address the need for bringing
broadband services to communities that are currently unserved or underserved. The formation of
Communications Union District enables communities to have representation and effect decision-making of the
District including planning, accessing available broadband funding, capacity building, with the goal of building
and managing infrastructure that will provide high-speed internet service.
Challenges
Broadband funds in Vermont are only available to serve the un- and underserved locations with broadband
service at speeds of at least 100/100 Mbps in accordance with Act 71. These locations are only 4% of the
residential sites in the region and less than 1% in South Burlington (6 residential sites out of 6,358 in South
Burlington)ii. Most residential sites in the region are served with cable service at speeds of 25/3 Mbps, and state
funds cannot be used to upgrade these locations. Fiber technology is needed to achieve speeds of at least
100/100 Mbps.
The un- and underserved locations have been physically challenging to serve, and without public oversight it’s
unlikely a private provider will serve these locations.
State broadband funding is distributed based on un- and underserved roadway miles. Comparatively Chittenden
County has a small portion of the available funding. There is the possibility that the Vermont Community
Broadband Board will reallocate this funding if there is no movement toward using it.
Can universal broadband service by achieved without a Communications Union District?
Maybe. The town is empowered to pass a revenue bond or pursue a loan from the Vermont Economic
Development Authority. For the VEDA loan, you will also be required to achieve speeds of 100/100 Mbps. Local
ARPA funds can also be used for broadband infrastructure.
110 West Canal Street, Suite 202
Winooski, Vermont 05404-2109
802-846-4490
www.ccrpcvt.org
Page 2 of 4
Most of our region is served by cable. One of the major providers of this service is Consolidated
Communications. It is understood that they will likely overbuild their cable network with fiber service eventually.
However, they will not likely extend this service to the un- and underserved locations without a requirement to
do so.
Also, determining the best service strategy and business plan municipality by municipality will likely be harder
than presenting a unified case for a region to work with provider(s). In addition, the region will likely be able to
create more competition and lure more potential providers by creating one organization to negotiate with.
Chittenden County has the most density in the state and that can be attractive to providers if we can ensure
them access to the state broadband funds.
Opportunity
The opportunity before the region is to establish a new Communications Union District (CUD) as a unit of
government to ensure the un- and underserved locations get broadband service at speeds of at least 100/100
Mbps; and by doing so enable locations currently served by cable to also have access to this high-speed
broadband service of fiber.
A Communications Union District (CUD) is formed by two or more municipalities for the purpose of building
communications infrastructure under the authority of 30 V.S.A § 3051. According to the legislation creating
Communications Union Districts, to create a new CUD, two or more towns or cities must approve its formation
through a town-wide vote, not a selectboard vote, and appoint delegates. See 30 V.S.A. Chapter 82 generally
regarding the laws regarding CUDs, and specifically 30 V.S.A. 3051 regarding formation of a CUD. After the initial
formation of the CUD other municipalities can become members with a vote of the Selectboard.
There is the opportunity to add a local question to the November General Election ballot this year. A
municipality interested in this would need to notify the Office of the Secretary of State of this request by August
9th to gain permission to add the question onto that ballot. The Town could also call a special meeting by
following the legal requirements for a November timeline. This option would incur the costs for a local election
including ballots.
It is important that the region move on this quickly because the VCBB may reallocate the broadband funds for
the Chittenden County municipalities to other regions if a good faith effort is not made toward using these funds
in the region by November. ARPA and the Infrastructure Bill provide for a limited amount of time to complete a
project. Everyone, across the country is working on this and providers are looking for opportunities to work on
larger projects covering multiple communities. The longer the delay in aggregating the remaining Vermont
communities that are not members of a CUD, the more likely others will get ahead of our region in
line. Consultants, contractors, suppliers and internet service providers (ISPs) will be at capacity. As a result, the
VCBB will likely begin obligating funds to projects that are underway and can be completed in time if there is no
real movement by November.
To move the Chittenden County CUD forward it will require at least two municipalities to have the formation
question approved at a special town meeting this calendar year to establish the new government that others in
the county can then join. Preliminary interest was also expressed by representatives from the Town of Essex,
and City of South Burlington for further discussion by their local governing bodies. The Westford Selectboard has
taken a position of supporting a CUD to date. Milton has joined a CUD in Franklin County.
Page 3 of 4
For more information, here are frequently asked questions about CUDs:
What is the purpose of forming a Communications Union District?
The purpose of a CUD is to aggregate demand and create a single point of contact to negotiate with providers.
By working together, the towns are more likely to attract a provider and leverage financial resources. No
provider is interested in working with a single town, but many are looking for groups of towns to achieve the
scale necessary to justify a project. There are additional benefits listed in the graphic below.
Why Create a
Communications
Union District?
Aggregate Demand –Mixing dense and less dense towns makes the project
more attractive to providers / AND MORE NEGOTIATING POWER.
Entire region can benefit –Eliminates cherry picking by requiring universal
service across a region regardless of density.
Funders are familiar with Municipal Districts
Efficiency - Network design, construction, and operation can all be more
efficient when planned from the onset
Town boundaries are irrelevant –Roads, topography, and settlement
patterns are more important
Risk Mitigation –Individual towns are not on the hook
Additional Funding Opportunities –Easier access to federal and state grants
and loans that require providing services to those least served.
Public Accountability
CUDs may plan, contract, build, and manage the infrastructure that will provide high speed internet. At present,
there is little desire to establish a CUD in Chittenden County that owns and maintains the infrastructure. The
hope is the main function of the CUD would be to deliver public funds to the providers to build the network, and
to provide public oversight to ensure broadband service to the un- and underserved locations at speeds of at
least 100/100 Mbps in accordance with Act 71. This may change as unforeseen opportunities may arise as a
Chittenden County CUD is developed.
To be eligible for funding, a new CUD would be required to a) have an Act 71 compliant business plan (which the
state is helping to fund); b) Complete a universal service plan; c) Submit a full application for funding that meets
the Vermont Community Broadband Board’s (VCBBs) outside plan design standards; and d) Demonstrate that it
has the capacity to oversee and complete the project.
How is the CUD governance handled?
By statute, the district is governed by a Governing Board made up of one representative, and one or more
alternates, from every member municipality. Each municipality gets one vote on CUD decisions, with majority
ruling in most cases. The CUD can establish an Executive Committee that could be delegated certain powers.
Page 4 of 4
How can a municipality join the district?
Once the CUD is formed by two towns voting favorably via a town meeting vote, other municipalities can join
through vote by the governing body at any time. The CUD would then vote to accept the member municipality.
Can a municipality withdraw from the CUD?
A municipality can withdraw through the same means in which they joined the CUD. All assets in the
municipality that are built by the CUD remain an asset of the CUD. Customers within that municipality can still
receive internet services.
What’s the cost to be a part of the CUD? What’s the risk to the taxpayer and municipalities?
There are no direct costs to the taxpayer or the municipality. A CUD may ask a municipality to provide space for
a communications plant used to store fiber optic cable, electronics and other assets required to operate the
network.
Membership in a CUD poses no financial risk to the municipality or individual taxpayers, by state statute,
meaning taxpayer dollars will not be used and if the CUD fails no liability falls to the member municipalities or
taxpayers. The state statute (specifically – § 3056. Limitations; taxes; indebtedness and § 3083. Dissolution)
make it quite clear that the taxpayer and municipalities may not be held liable in any way for the debts of the
CUD. All fiber assets and built infrastructure of the CUD are liable to seizure. (30 V.S.A. Chapter 82; see web
address below).
More information about CUDs can also be found on the Department of Public Service Website.
i The best available broadband data from the Vermont Department of Public Service has a total of 52,516 “residential sites”.
This is not the same as the number of households – there is a total of 66,106 households in Chittenden County according to
the U.S. Census Bureau: 2019 American Community Survey 5-year estimates (Table B25003).
ii See CCRPC’s broadband map and table for more information: Broadband in Chittenden County (arcgis.com)
MEMORANDUM
TO: South Burlington City Council FROM: Andrew Bolduc, Deputy City Manager DATE: July 18, 2022 RE: South Burlington - Declaration of Inclusion ______________________________________________________________________________
Background
At the April 4, 2022 regular council meeting, Bob Harnish of Pittsford and Al Wakefield of Mendon provided an overview of their Declaration of Inclusion Project and inquired whether the
City was interested in passing the same or a similar declaration in South Burlington. A number of
communities throughout Vermont have adopted either the form declaration statement, or amended and tailored a version of the statement for their communities.
At the June 6, 2022 regular council meeting, the City Manager presented a draft declaration for
Council’s consideration and review. This draft was generated through the joint work of a cross-
department group of city employees who earlier this year expressed interest in taking a collaborative role in addressing equity, bias, and systemic racism in our government systems. Rather than adopting the Project document outright, this group felt that further tailoring the document to the priorities made for a much stronger declaration.
During the June meeting, the Council suggested an edit to the third paragraph to more closely mirror the list in the second paragraph. There was also discussion around whether using the term “race” in the document would serve to perpetuate a societal construct. A number of years ago, French lawmakers removed the term from any existing legislation for this purpose.
Recommendation & Possible Action
Following Council’s meeting, the city-staff equity group met and reviewed the Council’s
discussion, made the edits in the second paragraph, and discussed whether or not it would endorse
removing the term “race” from the document. The group agreed that race is a societal construct and that we are all “one human race.” However, it expressed concern that not identifying the term, while well intentioned, might leave an impression of a form of ideological color-blindness. This ideology can hinder the purposes behind anti-racism as it can ignore the realities of systemic racism
and may leave people without the language to discuss race and examine their own biases. The
group also cited that the term race is currently used in our federal equal protection documents and equal opportunity employer disclaimers.
In your materials attached for your consideration, amendment, or approval is the amended
Declaration with the edits in the third paragraph. Also in your materials is the original Declaration
provided by the VT Declaration Project.
South Burlington City Council
Declaration of Inclusion
The South Burlington City Council recognizes that our community is strongest, most connected,
and best served when trust is held between city government and the community; when all feel
they can participate in policy making and municipal programming; when all have equitable
access to city services; and when all believe that their leaders are actively working to breakdown
hundreds of years of systematic racism. More civic engagement, community connection, and
mutual trust is critical as we rise to the challenges South Burlington, Vermont, our nation, and
the world face today.
To that end, the South Burlington City Council condemns racism, sexism, classism, ableism,
ageism, religious intolerance, and homophobia, in all its forms. We welcome all persons,
regardless of race, color, religion, national origin, sex, gender identity or expression, age, or
physical and/or mental capabilities, to participate in governance, and we will make every effort
to provide a safe and welcoming community for all.
The South Burlington City Council stands with our community and commits to being more
visible, vocal, and supportive in our efforts to ensure equity and racial justice, and to directly
address systemic and overt racism, sexism, classism, ableism, ageism, religious intolerance,
homophobia, and implicit bias. We will work together with the City Manager and City staff, to
ensure all of our actions, policies, and operation procedures reflect this commitment.
As leaders, the South Burlington City Council commits to strengthen the trust in our community
by employing City staff team members who reflect the community we serve as well as bring
values of integrity, compassion and respect for all individuals, and demonstrate these values
every day.
The City Council recognizes that a Declaration of Inclusion is only the first step towards
addressing the impacts from centuries of historic systems that have marginalized many members
of our community. This work will take dedicated anti-racist initiatives that we bring into our
everyday decision making. What follows are concrete ways that we are addressing these issues
in the coming months and years. We will continue to add to this list in the future.
DEDICATED STAFF. The City Manager has formed a cross-departmental working group of
city staff members who will provide input, vet initiatives, and provide recommendations to both
the City Manager and City Council.
PARTNERSHIPS. The Council commits to forming new partnerships that will amplify all of
our efforts and help effect real change.
REPRESENTATION. The Council strongly encourages all persons, regardless of race, color,
religion, national origin, sex, gender identity or expression, age, or physical and/or mental
capabilities, to apply for staff, committee, and elected positions. We will work to implement
new ways to broaden and enhance our recruitment.
EDUCATION. The Council commits to investing in additional staff and Council/committee
training around topics related to implicit bias, racism, classism, ableism, ageism, religious
intolerance, homophobia, and implicit bias at the municipal level. We will share these resources
with the public as available.
COMMUNICATIONS. The Council commits to including all voices, perspectives, languages,
and imagery in our messaging and publications.
Dated this ______ day of __________, 2022.
SOUTH BURLINGTON CITY COUNCIL
___________________________ _____________________________
Helen Riehle, Chair Tom Chittenden
___________________________ _____________________________
Meaghan Emery, Vice-Chair Matt Cota
___________________________
Tim Barritt, Clerk
Declaration of Inclusion
Town of , Vermont
The Town of condemns racism and welcomes all persons, regardless of
race, color, religion, national origin, sex, gender identity or expression, age, or disability, and
wants everyone to feel safe and welcome in our community.
As a town, we formally condemn all discrimination in all of its forms, commit to fair and equal
treatment of everyone in our community, and will strive to ensure all of our actions, policies, and
operating procedures reflect this commitment.
The Town of has and will continue to be a place where individuals can live
freely and express their opinions.
By the Selectboard on 2022.