HomeMy WebLinkAboutAgenda - City Council - 06/19/2023
AGENDA
SOUTH BURLINGTON CITY COUNCIL
South Burlington City Hall
180 Market Street
SOUTH BURLINGTON, VERMONT
Participation Options
In Person: 180 Market Street - Auditorium - Main Floor
Assistive Listening Service Devices Available upon request
Electronically: https://meet.goto.com/SouthBurlingtonVT/citycouncil-06-19-2023
You can also dial in using your phone. +1 (571) 317-3122 Access Code: 460-621-029
Regular Session 6:00 P.M. Monday June 19, 2023
1. Pledge of Allegiance (6:00 PM)
2. Instructions on exiting building in case of emergency and review of technology options –
Jessie Baker, City Manager (6:01 – 6:02 PM)
3. Agenda Review: Additions, deletions or changes in order of agenda items (6:03 – 6:04 PM)
4. Comments and questions from the public not related to the agenda (6:04 – 6:09 PM)
5. Councilors’ Announcements and Reports on Committee assignments and City Manager’s
Report (6:09 – 6:14 PM)
6. Consent Agenda: (6:14 – 6:15 PM)
A. *** Consider and Sign Disbursements
B. *** May Financials
C. *** Appoint Paul Conner and Kelsey Peterson to the Chittenden County Regional
Planning Commission's Planning Advisory Committee as representative and
alternate respectively
D. ***Approve the lease agreement with Chittenden Solid Waste District to continue the
use of City-owned land to operate the Environmental Depot, the Pump Station
agreement, and authorize the City Manager to execute the related documents
E. *** Approve Resolution #2023-10 to expand the Bicycle and Pedestrian Committee
to ten members by adding one new 3-year seat
F. *** Approve Resolution #2023-11 to expand the City Charter Committee to eight
members by adding one new 3-year seat
G. *** Appoint candidates to all boards and committees as presented
H. Appoint Michael Scanlan to serve as the South Burlington Commissioner to the
Green Mountain Transit Board
7. *** Discuss the City's approach to Ash Trees and provide direction to staff – Council
Request and Tom DiPietro, Public Works Director (6:15 – 6:30 PM)
8. Juneteenth Acknowledgement and Celebration (6:30 – 8:30 PM)
Poetry by Major Jackson, Music by Rachel Ambaye, a Polyvocal Reading by
Frederick H. Tuttle Middle School and South Burlington High School students of
Frederick Douglass’ 1852 speech “What to the Slave Is the Fourth of July?”, and
an opportunity for the community to share perspectives on Juneteenth.
9. Adjourn (8:30 PM)
Light refreshments to follow the program in the City Hall Gallery
Respectfully Submitted:
Jessie Baker
City Manager
*** Attachments Included
Champlain Water District
Check/Voucher Register - Check Report by Fund
From 6/20/2023 Through 6/20/2023
Check Date Check Number Vendor Name Invoice Description Check Amount Invoice Number
6/20/2023
4583 Aldrich & Elliott, PC Project 22025.001 - Water and Sewer
Rates
1,392.60 81351
6/20/2023 4584 Amazon Capital Services Blank Manila Shipping Tags 51.95 16NJ-PM6Q-CGTQ
6/20/2023 4585 Champlain Water District - Retail May 2023 SBWD to Retail 55,100.69 SBWD-398
6/20/2023 4586 Champlain Water District Shelburne Water Consumption Mistakenly
Deposited into SBWD instead of Wholesale
38,076.05 SB TO CWD
6/20/2023 Champlain Water District May 2023 Wholesale to SBWD 260.38 SBWD-391
6/20/2023 Champlain Water District Water Consumption - SBWD - May 2023 146,107.64 SBWDCONSUMP-053123
6/20/2023 4587 E.J. Prescott Curb Stop Repair Parts 351.74 6174130
6/20/2023 E.J. Prescott Curb Stop Repair 189.22 6175382
6/20/2023 E.J. Prescott Blue Spray Paint 180.67 6176806
6/20/2023 E.J. Prescott Valve Parts 72.77 6178112
6/20/2023 E.J. Prescott Valve Box and Cold Patch 211.30 6178301
6/20/2023 4588 Office Essentials of Vermont Envelopes 1,059.80 39460
6/20/2023 4589 City of South Burlington FY23 Audit Fee 2,554.71 544
6/20/2023 4590 South Burlington Sewer Department May 2023 Sewer Billings 240,919.95 SBSEWER-053123
6/20/2023 4591 South Burlington Stormwater Department May 2023 Stormwater Fees 182,441.24 SBSTORM-053123
Total 70 - South Burlington Water
Department
668,970.71
Report Total 668,970.71
70 - South Burlington Water Department
SOUTH BURLINGTON CITY COUNCIL
Page: 1
City of South Burlington General Ledger
Expenditure Report - GENERAL FUND
Current Year Period 11 May
% Budget Unencumbered FY-22/23 MTD
Account Budget Expenditures Expended Balance Pd 11 May
GENERAL GOVERNMENT EXP.
CITY COUNCIL 149,798.00$ 130,884.11$ 87.37%18,913.89$ 2,000.00$
ADMINISTRATIVE INSURANCE 6,032,914.38$ 5,605,302.15$ 92.91%427,612.23$ 274,546.36$
CITY MANAGER 472,491.78$ 310,133.22$ 65.64%162,358.56$ 20,224.32$
LEGAL/ACCOUNTING ACTUARY 348,960.87$ 275,395.54$ 78.92%73,565.33$ 19,627.58$
ADMINISTRATIVE SERVICES 990,075.74$ 696,416.61$ 70.34%293,659.13$ 24,953.46$
INFORMATION TECHNOLOGY 397,768.47$ 349,235.45$ 87.80%48,533.02$ 23,326.94$
CITY CLERK 285,901.23$ 265,875.12$ 93.00%20,026.11$ 24,020.49$
PHYSICAL PLANT 434,004.36$ 414,681.67$ 95.55%19,322.69$ 66,785.46$
ASSESSING/TAX/FINANCE 403,043.52$ 342,865.32$ 85.07%60,178.20$ 34,933.28$
PLANNING/DESIGN REVIEW 563,713.28$ 397,003.06$ 70.43%166,710.22$ 38,639.99$
OPERATING TRANSFERS OUT 808,200.00$ 808,200.00$ 100.00%-$ -$
Total GENERAL GOVERNMENT EXP.10,886,871.63$ 9,595,992.25$ 88.14%1,290,879.38$ 529,057.88$
PUBLIC SAFETY
FIRE DEPARTMENT 3,698,663.25$ 3,513,884.84$ 95.00%184,778.41$ 289,294.96$
AMBULANCE 522,650.00$ 163,947.84$ 31.37%358,702.16$ 8,587.87$
POLICE DEPARTMENT 5,760,136.24$ 4,462,643.80$ 77.47%1,297,492.44$ 412,972.93$
Total PUBLIC SAFETY 9,981,449.49$ 8,140,476.48$ 81.56%1,840,973.01$ 710,855.76$
STREETS & HIGHWAYS
HIGHWAY DEPARTMENT 3,346,938.68$ 3,039,844.30$ 90.82%307,094.38$ 358,317.91$
Total STREETS & HIGHWAYS 3,346,938.68$ 3,039,844.30$ 90.82%307,094.38$ 358,317.91$
CULTURE AND RECREATION
RECREATION ADMINISTRATION 359,516.74$ 306,047.79$ 85.13%53,468.95$ 25,506.90$
% Budget Unencumbered FY-22/23 MTD
Account Budget Expenditures Expended Balance Pd 11 May
PROGRAMS 50,000.00$ 31,512.64$ 63.03%18,487.36$ 1,312.42$
RED ROCKS PARK 14,924.80$ 8,603.83$ 57.65%6,320.97$ 35.28$
FACILITIES 139,150.00$ 73,025.86$ 52.48%66,124.14$ 9,356.41$
SENIOR PROGRAMS 33,311.57$ 22,472.44$ 67.46%10,839.13$ 1,541.91$
SPECIAL ACTIVITIES 101,500.00$ 90,437.86$ 89.10%11,062.14$ 20,936.15$
PUBLIC LIBRARY 866,629.70$ 728,383.31$ 84.05%138,246.39$ 63,165.83$
CAPITAL/PARK MAINTENANCE 399,642.54$ 343,163.53$ 85.87%56,479.01$ 38,774.41$
Total CULTURE AND RECREATION 1,964,675.35$ 1,603,647.26$ 81.62%361,028.09$ 160,629.31$
OTHER ENTITIES
OTHER OPERATING ENTITIES 791,250.11$ 803,918.00$ 101.60%(12,667.89)$ -$
Total OTHER ENTITIES 791,250.11$ 803,918.00$ 101.60%(12,667.89)$ -$
CURRENT PRINCIPAL BONDS 1,211,203.30$ 1,211,244.59$ 100.00%(41.29)$ -$
CURRENT INTEREST BONDS 279,090.00$ 269,217.96$ 96.46%9,872.04$ -$
Total GENERAL FUND 28,461,478.56$ 24,664,340.84$ 86.66%3,797,137.72$ 1,758,860.86$
City of South Burlington General Ledger
Expenditure Report - ENTERPRISE FUND/W.P.C.
Current Year Period 11 May
% Budget Unencumbered FY-22/23 MTD
Account Budget Expenditures Expended Balance Pd 11 May
W/POLLUTION CONTROL EXPS.
Salaries-Permanent 672,300.45$ 612,949.31$ 91.17%59,351.14$ 48,333.10$
Payment to Highway-wages 250,000.00$ 250,000.00$ 100.00%-$ -$
Leave Time Turn-In 7,000.00$ -$ 0.00%7,000.00$ -$
Salaries-Overtime 50,000.00$ 64,148.57$ 128.30%(14,148.57)$ 4,957.29$
Payment to Sick Bank Fund 6,677.02$ 6,677.02$ 100.00%-$ -$
Payroll Service 1,796.41$ 1,796.41$ 100.00%-$ -$
PAFO Certification 29,065.71$ 9,816.44$ 33.77%19,249.27$ 876.88$
Sick Bank Payouts 10,000.00$ -$ 0.00%10,000.00$ -$
Fringe Benefits 4,135.00$ 600.00$ 14.51%3,535.00$ -$
FICA/Medicare 58,780.01$ 53,361.56$ 90.78%5,418.45$ 4,199.35$
Payment to Highway-FICA/M 33,420.18$ 33,420.18$ 100.00%-$ -$
Vision Plan 2,829.21$ 640.61$ 22.64%2,188.60$ 60.84$
Disability Insurance 2,175.17$ 5,720.98$ 263.01%(3,545.81)$ 548.32$
Long Term Disability Insu 4,148.39$ -$ 0.00%4,148.39$ -$
Group Health Insurance 196,366.10$ 92,591.04$ 47.15%103,775.06$ 18,749.25$
Group Life Insurance 2,829.21$ 789.03$ 27.89%2,040.18$ 76.00$
Group Dental Insurance 7,893.29$ 5,953.76$ 75.43%1,939.53$ 566.62$
Pension 85,733.42$ 65,245.62$ 76.10%20,487.80$ -$
ICMA Match 29,065.71$ 20,475.14$ 70.44%8,590.57$ 1,810.26$
Pension Note Payment 39,075.00$ 39,075.00$ 100.00%-$ -$
Office Supplies 2,000.00$ 2,052.45$ 102.62%(52.45)$ 500.22$
Plant Supplies 120,000.00$ 98,434.45$ 82.03%21,565.55$ 4,072.95$
Polymer 100,000.00$ 114,863.31$ 114.86%(14,863.31)$ 49,092.61$
Sewer Line Maint/Supplies 25,000.00$ 35,079.71$ 140.32%(10,079.71)$ -$
Pumping Station Supplies 25,000.00$ 86,722.38$ 346.89%(61,722.38)$ 5,817.04$
Laboratory Supplies 13,000.00$ 11,164.75$ 85.88%1,835.25$ 1,566.15$
Caustic Soda and Lime 120,000.00$ 179,951.27$ 149.96%(59,951.27)$ 33,882.97$
Alum 180,000.00$ 227,938.82$ 126.63%(47,938.82)$ 33,132.23$
% Budget Unencumbered FY-22/23 MTD
Account Budget Expenditures Expended Balance Pd 11 May
Water-Airport-B/B-Pump 1,600.00$ 1,510.05$ 94.38%89.95$ 86.76$
Generator Preventive Main 10,000.00$ 4,062.22$ 40.62%5,937.78$ -$
Clothing Supplies 4,250.00$ 3,676.69$ 86.51%573.31$ 810.74$
Truck Parts 12,500.00$ 11,429.55$ 91.44%1,070.45$ 2,242.48$
Gas - Diesel Fuel - Oil 12,000.00$ 22,286.64$ 185.72%(10,286.64)$ 2,096.78$
Fuel - Airport Parkway 60,000.00$ 75,975.49$ 126.63%(15,975.49)$ 14,229.44$
Fuel - Bartlett Bay 6,000.00$ 6,729.17$ 112.15%(729.17)$ 1,061.77$
Telephone and Alarms 6,500.00$ 8,120.14$ 124.93%(1,620.14)$ 1,724.85$
Memberships/Dues 20,000.00$ 3,410.50$ 17.05%16,589.50$ 120.00$
Discharge Permits 15,000.00$ 3,750.00$ 25.00%11,250.00$ -$
Workers Comp Insurance 22,127.75$ 25,264.78$ 114.18%(3,137.03)$ -$
Property Insurance 70,040.34$ 65,938.48$ 94.14%4,101.86$ 2,500.00$
Unemployment Insurance 902.00$ -$ 0.00%902.00$ -$
Safety 5,000.00$ 31,639.89$ 632.80%(26,639.89)$ 264.00$
Billing Payment to CWD 69,342.00$ 34,671.00$ 50.00%34,671.00$ -$
Soil/Sludge Management 135,000.00$ 146,070.97$ 108.20%(11,070.97)$ 25,391.94$
Landfill Fees 1,000.00$ -$ 0.00%1,000.00$ -$
HVAC Maintenance 35,000.00$ 39,300.81$ 112.29%(4,300.81)$ 4,218.18$
Auditing 4,246.55$ 4,246.55$ 100.00%-$ -$
Engineering/Consulting 15,000.00$ 15,275.87$ 101.84%(275.87)$ -$
Landfill Engineering 17,500.00$ 27,371.81$ 156.41%(9,871.81)$ -$
Administrative Services 149,344.05$ 149,344.05$ 100.00%-$ -$
Burlington Sewer Lines 5,000.00$ 1,338.59$ 26.77%3,661.41$ -$
Travel & Training 6,000.00$ 3,668.07$ 61.13%2,331.93$ 455.00$
Utilities-Pumping Station 105,000.00$ 84,407.78$ 80.39%20,592.22$ 9,424.81$
Electric-Airport Parkway 200,000.00$ 187,321.78$ 93.66%12,678.22$ 21,008.43$
Electric-Bartlett Bay 145,000.00$ 134,479.46$ 92.74%10,520.54$ 11,802.10$
Replacement-Vehicles 220,000.00$ 298,055.43$ 135.48%(78,055.43)$ -$
Building Improvements 2,500.00$ 1,416.44$ 56.66%1,083.56$ -$
Pumps Replacements 50,000.00$ 51,458.04$ 102.92%(1,458.04)$ 6,085.00$
Pump Repairs 40,000.00$ 47,188.35$ 117.97%(7,188.35)$ -$
PMT to SW for Hadley Loan 73,000.00$ 73,649.00$ 100.89%(649.00)$ -$
% Budget Unencumbered FY-22/23 MTD
Account Budget Expenditures Expended Balance Pd 11 May
Airport Pkwy Upgrade/Expn -$ 299,997.00$ 100.00%(299,997.00)$ -$
Bartlett Bay Upgrades 400,000.00$ 64,651.75$ 16.16%335,348.25$ 247.50$
Hadley Sewer Project 111,786.54$ 111,786.54$ 100.00%-$ -$
Loan for Airport Parkway 965,647.23$ 969,731.16$ 100.42%(4,083.93)$ 969,731.16$
Capital Improvements-CIP -$ 40,772.06$ 100.00%(40,772.06)$ 4,479.53$
Total W/POLLUTION CONTROL EXPS.5,074,576.74$ 5,069,463.92$ 99.90%5,112.82$ 1,286,222.55$
City of South Burlington General Ledger
Expenditure Report - STORM WATER UTILITIES
Current Year Period 11 May
% Budget Unencumbered FY-22/23 MTD
Account Budget Expenditures Expended Balance Pd 11 May
S/WATER UTILITIES EXPS
Salaries-Permanent 545,117.10$ 392,585.32$ 72.02%152,531.78$ 31,691.53$
Payment to Highway-Wages 78,215.00$ 78,215.00$ 100.00%-$ -$
Salaries-Overtime 23,000.00$ 10,115.92$ 43.98%12,884.08$ -$
Payment to Sick Bank Fund 5,392.16$ 5,392.16$ 100.00%-$ -$
Payroll Service 1,347.31$ 1,347.31$ 100.00%-$ -$
Fringe Benefits 7,238.00$ -$ 0.00%7,238.00$ -$
FICA/Medicare 43,460.96$ 32,513.12$ 74.81%10,947.84$ 2,589.57$
Vision Plan 582.94$ 417.62$ 71.64%165.32$ 43.99$
Disability Income Insuran 4,878.93$ 4,952.91$ 101.52%(73.98)$ 481.03$
Group Health Insurance 153,953.83$ 254,262.86$ 165.16%(100,309.03)$ 7,279.62$
Health Insurance FICA 2,080.03$ -$ 0.00%2,080.03$ -$
Group Life Insurance 2,360.28$ 682.97$ 28.94%1,677.31$ 66.50$
Group Dental Insurance 5,930.59$ 4,403.80$ 74.26%1,526.79$ 459.78$
Pension 93,238.50$ 93,238.50$ 100.00%-$ -$
ICMA Match 27,189.96$ 27,021.19$ 99.38%168.77$ 2,942.56$
Pension Note Payment 26,910.00$ 26,910.00$ 100.00%-$ -$
Office Supplies 1,000.00$ 1,628.13$ 162.81%(628.13)$ 123.13$
Small Equipment/Tools 2,000.00$ 2,274.95$ 113.75%(274.95)$ 621.65$
Uniforms/Supplies 6,500.00$ 5,301.44$ 81.56%1,198.56$ 412.68$
Vehicle Parts -$ 679.98$ 100.00%(679.98)$ 679.98$
Gasoline 2,250.00$ 3,324.28$ 147.75%(1,074.28)$ 229.52$
Oil 250.00$ 289.56$ 115.82%(39.56)$ 29.67$
Diesel Fuel 4,500.00$ 9,801.36$ 217.81%(5,301.36)$ 142.30$
Permit Requirement-Educat 7,000.00$ 6,000.00$ 85.71%1,000.00$ -$
Telephone 2,000.00$ 1,975.12$ 98.76%24.88$ 416.63$
Membership/Dues 300.00$ 661.00$ 220.33%(361.00)$ -$
Discharge Permits Renewal 18,000.00$ 20,884.50$ 116.03%(2,884.50)$ 1,988.93$
Workers Comp Insurance 19,554.75$ 20,188.20$ 103.24%(633.45)$ -$
% Budget Unencumbered FY-22/23 MTD
Account Budget Expenditures Expended Balance Pd 11 May
Property Insurance 16,197.44$ 14,670.73$ 90.57%1,526.71$ -$
Unemployment Insurance 902.00$ -$ 0.00%902.00$ -$
GIS-Fees/Software 50,000.00$ 70,872.45$ 141.74%(20,872.45)$ 32,536.52$
Sediment & Depris Disposa 200.00$ -$ 0.00%200.00$ -$
Water Quality Monitoring 15,000.00$ 13,681.20$ 91.21%1,318.80$ -$
Building/Grounds Maint 200.00$ 149.99$ 75.00%50.01$ -$
Vehicle Maintenance 5,000.00$ 17,901.24$ 358.02%(12,901.24)$ 5,009.48$
Storm System Maint Materi 55,000.00$ 111,109.28$ 202.02%(56,109.28)$ 877.15$
Printing 100.00$ -$ 0.00%100.00$ -$
Legal Services 20,000.00$ 343.13$ 1.72%19,656.87$ -$
To GF-Audit and Actuary 6,180.66$ 6,180.66$ 100.00%-$ -$
Engineering-Watershed 40,000.00$ -$ 0.00%40,000.00$ -$
Billing Payment CWD 69,342.00$ 34,671.00$ 50.00%34,671.00$ -$
Office Equipment Maintena 2,500.00$ 2,116.20$ 84.65%383.80$ 143.24$
Equipment Rental 250.00$ -$ 0.00%250.00$ -$
Administrative Services 102,103.95$ 102,103.95$ 100.00%-$ -$
Conference/Training Expen 8,000.00$ 6,399.00$ 79.99%1,601.00$ 530.89$
S/W Bldg Utilities 3,250.00$ 4,273.51$ 131.49%(1,023.51)$ 277.14$
Stormwater Pumps Electric 300.00$ 220.05$ 73.35%79.95$ 23.72$
Vehicles/Equipment 421,000.00$ 89,088.01$ 21.16%331,911.99$ 4,127.99$
Stormwater Capital Projec 2,481,000.00$ 1,300,252.58$ 52.41%1,180,747.42$ 105,692.77$
Office Furniture/Equipmen 1,000.00$ 1,564.19$ 156.42%(564.19)$ -$
Flow Restoration Plan Ana 5,000.00$ -$ 0.00%5,000.00$ -$
Reim to Highway-Benefit 33,420.18$ 33,420.18$ 100.00%-$ -$
Total S/WATER UTILITIES EXPS 4,420,196.57$ 2,814,084.55$ 63.66%1,606,112.02$ 199,417.97$
Total STORM WATER UTILITIES 4,420,196.57$ 2,814,084.55$ 63.66%1,606,112.02$ 199,417.97$
City of South Burlington General Ledger
Revenue Report - GENERAL FUND
Current Year Period 11 May
Estimated Received % Budget Uncollected FY-22/23 MTD
Account Revenue To Date Received Balance Pd 11 May
TAX REVENUE
TAX REVENUE 18,202,812.57$ (17,741,924.76)$ 97.47%460,887.81$ 52,084.84$
LOCAL OPTION TAXES 4,033,388.90$ (4,154,780.04)$ 103.01%(121,391.14)$ (1,114,768.19)$
Total TAX REVENUE 22,236,201.47$ (21,896,704.80)$ 98.47%339,496.67$ (1,062,683.35)$
INTEREST/PENALTY ON TAX 379,000.00$ (254,906.48)$ 67.26%124,093.52$ (2,859.64)$
Other Health Services 247,346.40$ (170,385.75)$ 68.89%76,960.65$ (8,140.00)$
CITY MANAGER 1,463,078.08$ (1,201,212.04)$ 82.10%261,866.04$ (97,284.41)$
CITY CLERK 383,100.00$ (247,589.55)$ 64.63%135,510.45$ (25,910.00)$
PLANNING 383,100.00$ (497,080.39)$ 129.75%(113,980.39)$ (23,202.29)$
FIRE DEPARTMENT 489,000.00$ (1,084,500.11)$ 221.78%(595,500.11)$ (4,295.25)$
ELECTRICAL INSPECTION 65,000.00$ (206,365.02)$ 317.48%(141,365.02)$ (3,819.00)$
AMBULANCE 721,000.00$ (874,866.94)$ 121.34%(153,866.94)$ (82,518.56)$
POLICE DEPARTMENT 517,997.24$ (439,306.37)$ 84.81%78,690.87$ (60,244.32)$
HIGHWAY DEPARTMENT 1,394,855.38$ (1,280,406.74)$ 91.79%114,448.64$ (129,229.09)$
Senior Programs 26,500.00$ (15,364.00)$ 57.98%11,136.00$ (1,524.00)$
PUBLIC LIBRARY 10,300.00$ (14,676.76)$ 142.49%(4,376.76)$ (1,784.16)$
SPECIAL ACTIVITIES 145,000.00$ (129,062.08)$ 89.01%15,937.92$ (4,382.00)$
Total RECREATION 6,225,277.10$ (6,415,722.23)$ 84.21%(190,445.13)$ (445,192.72)$
Total GENERAL FUND 28,461,478.57$ (28,312,427.03)$ 99.48%149,051.54$ (1,507,876.07)$
City of South Burlington General Ledger
Revenue Report - ENTERPRISE FUND/W.P.C.
Current Year Period 11 May
Estimated Received % Budget Uncollected FY-22/23 MTD
Account Revenue To Date Received Balance Pd 11 May
CHARGES FOR SERVICES
W.P.C. User Fees 3,783,418.00 (3,387,747.72) 89.54%395,670.28 (240,919.95)
Sewer Septage Revenue 25,000.00 $- 0.00%25,000.00 $-
Connection Fees 500,000.00 (1,137,810.66) 227.56%(637,810.66) (13,104.74)
Enviromental Impact $- (16,493.00) 100.00%(16,493.00) (794.00)
Total CHARGES FOR SERVICES 4,308,418.00 (4,542,051.38) 105.42%(233,633.38) (254,818.69)
BOND AND LOAN PROCEEDS
Colchester A/P Pkwy Pm 742,310.00 (742,310.00) 100.00%$- $-
GF Note Repay-Solar 12,004.68 (12,005.00) 100.00%(0.32) $-
Total BOND AND LOAN PROCEEDS 754,314.68 (754,315.00) 100.00%(0.32) $-
MISCELLANEOUS
Miscellaneous Rev.-W.P 10,000.00 (154,320.22) 543.20%(144,320.22) (80,695.00)
Total MISCELLANEOUS 10,000.00 (154,320.22) 543.20%(144,320.22) (80,695.00)
Total ENTERPRISE FUND/W.P.C.5,072,732.68 (5,450,686.60) 107.45%(377,953.92) (335,513.69)
City of South Burlington General Ledger
Revenue Report - STORM WATER UTILITIES
Current Year Period 11 May
Estimated Received % Budget Uncollected FY-22/23 MTD
Account Revenue To Date Received Balance Pd 11 May
S/WATER UTILITIES REVENUE
Intergovernmental Revenue 826,506.98 (370,644.57) 44.84%455,862.41 (16,000.00)
S/W User Fees - Water Bil 2,707,767.59 (2,219,080.78) 81.95%488,686.81 (182,441.24)
Pmts from other towns 40,000.00 (7,929.95) 19.82%32,070.05 $-
Land Owner Payments 100,000.00 (82,143.62) 82.14%17,856.38 $-
Stormwater Miscellaneous 30,000.00 - 0.00%30,000.00 $-
Hadley Sewer Proj-Sewer f 73,000.00 (73,649.00) 100.89%(649.00) $-
Reserve Transfer In 635,778.00 - 0.00%635,778.00 $-
Total S/WATER UTILITIES REVENUE $4,413,052.57 (2,753,447.92) 62.39%1,659,604.65 (198,441.24)
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This will inform you that at our meeting of_______________________ we voted to appoint the following
as our representatives to the Chittenden County Regional Planning Commission
V
3ODQQLQJ$GYLVRU\&RPPLWWHH for a term of two years commencing July 1, 20 and ending June 30, 202.
3$& Representative: Name:_____________________________________
Address: ___________________________________
_____________________________________
Home Phone: _____________________ Work Phone: _____________________
Email: ___________________________ Fax number: _____________________
Alternate Representative: Name: _____________________________________
Address: ___________________________________
________________________________
Home Phone: _____________________ Work Phone: _________________
Email: ___________________________ Fax number: _________________
%HVW5HJDUGV,
________________________________
Signature
________________________________
Name and Title
________________________________
Municipality
110 West Canal Street, Suite 202
Winooski, VT 05404-2109
802-846-4490
www.ccrpcvt.org
June 19, 2023
Paul Conner
180 Market Street
South Burlington, VT 05403
802-846-4106
pconner@southburlingtonvt.gov
Kelsey Peterson
180 Market Street
kpeterson@southburlingtonvt.gov
South Burlington, VT 05403
802-846-4106
Helen Riehle, City Council Chair
City of South Burlington
MEMORANDUM
TO: South Burlington City Council
FROM: City Attorney’s Office
RE: CSWD Environmental Depot and Pump Station Leases
DATE: For June 19, 2023 meeting of the City Council
For your consideration are renewals of the leases the City of South Burlington (“City”) has with
the Chittenden Solid Waste District (“CSWD”) for an Environmental Depot at 1011 Airport
Parkway and a pump station adjacent to the Environmental Depot.
Overview
The original Environmental Depot Lease was entered into between the City and CSWD in 2003
and it expired on December 31, 2022. The Parties have continued to honor the lease through to
the effective date of the renewed Lease (June 1, 2023). The Lease allows CSWD to operate the
Environmental Depot on City owned property at 1011 Airport Parkway. The renewed lease
would continue the term of the Lease to December 31, 2028 and CSWD would have the option
to extend the lease for four successive periods of five years each. The lease terms including the
payment of rent and pilot remain essentially unchanged from the original lease entered into in
2003. Rent will continue to increase annually on July 1 based on the percentage of CPI each
year and the pilot will be based on the annual tax rate.
The Pump Station Lease was originally entered between the City and CSWD in 2004. The lease
relates to a sewage pump station and associated equipment (“Pump Station”) owned by CSWD
and installed for the purpose of servicing CSWD’s Environmental Depot. The City leases the
Pump Station in order to maintain it and to access its electrical service so the City can provide
power to an adjacent City-owned drain and pump station servicing the City’s landfill. Pursuant
to the Lease, the City has access to the electrical service, will maintain the pump station, will pay
for electrical usage, and pay $1.00 to CSWD annually. With the Lease Extension, the term will
be extended to December 31, 2028 and the City will have the option of extending the term for
four successive period of five years each. All other terms of the original Pump Station Lease will
remain in effect.
Recommendation
City Administration recommends that the City Council approve the Amended and Restated
Environmental Depot Lease Agreement and the Extension of Pump Station Lease Agreement.
City Administration also requests that you authorize the City Manager to execute both of these
agreements on behalf of the City.
AMENDED AND RESTATED LEASE AGREEMENT
This AMENDED AND RESTATED LEASE AGREEMENT (“Lease”) made effective as
of the 1st day of June, 2023 (the “Effective Date”), is by and between the CHITTENDEN SOLID
WASTE DISTRICT, a union municipal district duly organized under the laws of Vermont,
having an address of 19 Gregory Drive, Suite 204, South Burlington, Vermont 05403 (“District”)
and the CITY OF SOUTH BURLINGTON, a municipal corporation duly organized under the
laws of the State of Vermont, having an address of 180 Market Street, South Burlington,
Vermont 05403 (the “City” or “South Burlington”).
WHEREAS, South Burlington and the District entered into a lease agreement dated April
19, 1993, whereby South Burlington leased the District land for the purpose of constructing and
operating a Biosolids Processing Facility.
WHEREAS, the Biosolids Processing Facility was constructed and operated for a period
of time before being shut down and permanently closed, leaving the District with an unused
building located on the land leased from South Burlington;
WHEREAS, the District and the City terminated such prior lease for the Biosolids
Processing Facility and simultaneously entered into a new Lease Agreement dated as of January
1, 2003, and amended by Amendment to Lease Agreement dated on or about May 1, 2015, to
allow the District to operate a collection and waste management processing facility, primarily to
collect and manage household hazardous waste;
WHEREAS, such Lease Agreement has terminated and the District and the City desire to
amend and restate such lease to extend the term of such Lease Agreement and make other
modifications to such lease.
NOW THEREFORE, the District and South Burlington, for good and valuable
consideration, the receipt and sufficiency of which are both hereby acknowledged, agree as
follows:
1. Agreement to Lease. South Burlington hereby leases to the District, and the
District hereby takes and rents from South Burlington, the Leased Premises (as such term is
defined herein), upon, in accordance with, and subject to the terms and conditions hereinafter set
forth.
2. Leased Premises. The Leased Premises consist of approximately 3.2 acres of land
located behind the existing South Burlington Wastewater Treatment Plant and adjacent to South
Burlington’s existing landfill, at Airport Parkway, South Burlington, Vermont, being depicted on
the site plan attached hereto as Attachment A and made a part hereof, together with all easement
rights and rights-of-way over adjacent lands of South Burlington for purposes including, but not
limited to, access, water, sewer, and other utility easements and rights of-way.
2
3. Facility Description. CSWD will operate an Environmental Depot (“Depot”) on
the Leased Premises. This program will accept hazardous waste from households and very small
quantity generators (VSQGs, and also known as conditionally exempt generators or CEG).
The definition of VSQGS:
A Very Small Quantity Generator (VSQGs) is a business that:
(1) generates less than 220 pounds of hazardous waste in a calendar month; and
(2) generates less than 2.2 pounds of acutely hazardous waste in a calendar month;
and
(3) generates less than 220 pounds of any residue or contaminated soil, waste, or
other debris resulting from the cleanup of a discharge of any acutely hazardous waste in a
calendar month; and
(4) accumulate less than 2,200 pounds of hazardous waste, 2.2 pounds of acutely
hazardous waste, or 220 pounds of any residue or contaminated soil, waste, or other debris
resulting from the cleanup of a discharge of any acutely hazardous waste at any time.
CSWD will collect the material, sort it according to the physical properties/chemical
characteristics, store it in appropriate containers in an approved facility, pack the material for
transport, and have material transported to approved reuse, recycling, or disposal facilities. The
District will operate the Environmental Depot as stated in the “Environmental Depot Operations
Manual” (EDOM) - Appendix 1. The District will immediately notify in writing both the
Vermont Department of Environmental Conservation (DEC) and the South Burlington City
Manager of any changes to the EDOM. The changes will take effect thirty (30) days after
notification unless the changes are disapproved by either the Vermont DEC or by the South
Burlington City Manager or his/her designee.
CSWD may also accept at the Depot architectural paint, electronics covered in the
CSWD E-cycles program, and mercury-containing bulbs (such as fluorescent light bulbs).
4. Materials Accepted. CSWD will only accept those materials at the Environmental
Depot that are listed in the Vermont Agency of Natural Resources (ANR) Solid Waste
Management Certification for the Depot (sometimes referred to as a Vermont Act 78 Permit),
Attachment B as amended. The specific material types, the total weight of each material type,
and the maximum number of containers permitted under this agreement are found in Appendix 2
“Materials Collected.” Appendix 2 shall be the controlling document as to the materials
permitted. CSWD will not knowingly accept explosives, radioactive materials, sharps, or
needles or any medical waste at the Depot.
Any changes to the “Materials Collected” list will not occur unless preapproved by both
the Vermont DEC, if approval is required under applicable permits, and the South Burlington
City Manager.
3
5. Initial Term. The initial term of this Lease commenced on January 1, 2003
(“Commencement Date”) and, after several extension, terminated on December 31, 2022, with
the parties continuing such Lease term through the Effective Date (the “First Term”). The
District and South Burlington hereby extend the term of the Lease to December 31, 2028 (the
“Term”).
6. Extensions of Term. The District may, at its sole option, extend the Term of this
Lease for a minimum of four successive periods of five years each. The option to extend shall be
exercised automatically unless the District gives written notice to South Burlington not more
than twelve (12) months and not less than three (3) months prior to the expiration of the then
existing term that it no longer desires to extend and continue this Lease. Each extended term
shall be upon the same terms, covenants, and conditions, as provided in this Lease for the initial
term with the exception of rents and fees noted in section 7(a).
7. Rent and Fees.
(a) The District has paid rent through June 30, 2023. During the Term, the District
shall pay to South Burlington an annual fixed rent (“Rent”) at the rate of $16,367.08 per year,
payable in equal quarterly installments in the amount of $4,091.77, commencing as of the
Effective Date and continuing quarter-annually thereafter. Quarterly payments shall be due
September 1 (for the period July through September), November 1 (for the period October
through December), January 1 (for the period January through March), and April 1 (for the
period April through June).
The annual fixed rent will change annually on July 1 of each year that this Agreement is
in effect by the percentage increase in the annualized average (ending with the month of May) of
the Consumer Price Index for All Urban Consumers (CPI-U) all items, “Northeast Urban, Size
B/C”, published by the United States Department of Labor, Bureau of Labor Statistics.
(b) During the First Term, the District has paid to South Burlington an annual
Payment in Lieu of Taxes (“PILOT”), payable in advance on the same dates that Rent is due, in
equal quarterly installments, calculated annually as $3,000 multiplied by the South Burlington
combined City and School tax rate. Commencing on the Effective Date, the District shall
continue to make such PILOT to South Burlington, payable in advance on the same dates that
Rent is due, in equal quarterly installments, calculated annually as $3,000 multiplied by the
South Burlington combined City and State Education tax rate. As of the Effective Date, such tax
rate is $1.9176 resulting in current quarterly payments of $1,438.20, to be paid with the quarterly
installments of Rent.
8. Permits.
(a) The District will obtain and maintain all permits and approvals required for the
construction and operation of all improvements and modifications to the Leased Premises as
required by law.
4
(b) The District shall pay all permit application fees and applicable fees levied by
South Burlington in their normal course of business.
(c) South Burlington shall assist and support the District in obtaining permits and
approvals required for the construction and operation of all improvements and modifications to
the Leased Premises in compliance with permitted uses. If necessary, South Burlington, as the
land owner, shall be the applicant on applications for permits, and the District shall be co-
applicant. CSWD shall bear any and all permit application costs.
9. Traffic. Except as provided below, traffic at the facility will be limited to a 30-day
monthly average of forty (40) customer visits/day and one hundred thirty (130) customer visits
maximum per day. If either limit is exceeded, the District will notify the City. The City shall
have the option following its receipt of said notification to allow such increase in the traffic
limits or to request that the District make changes to the operations of the Environmental Depot
to alleviate traffic. The parties contemplate that such changes might include, by way of example
only, an alteration in operating hours, an increase in the use of the Rover or any other change that
will reduce the traffic. If the City requests changes to alleviate traffic, the District shall file a
plan with the City within sixty (60) days of receiving the request for changes. If the City does
not consent to the changes, which consent shall not be unreasonably withheld, the parties shall
submit the disputed traffic issues to an impartial arbitrator agreed to by the parties. If the parties
cannot agree to an arbitrator, they each shall choose an arbitrator and these arbitrators shall
choose a third arbitrator. These three arbitrators shall then hear the dispute. The parties shall split
the cost of arbitration. Prior to the arbitration hearing, the parties shall each notify the other of a
proposed plan to alleviate traffic. If the dispute is not resolved prior to the hearing, the parties
shall present their respective plans to the arbitrator or arbitration panel. The arbitrator or
arbitration panel shall be required to select the plan submitted by one of the parties, without
modification. The arbitrator or arbitration panel shall make such selection based on the following
criteria:
(a) The traffic limits established in this agreement and the impact of such traffic on
highway traffic existing at the commencement of this agreement;
(b) The extent to which traffic generated by the Depot at the time of the arbitration
has imposed an increased burden on highway traffic beyond that existing at the commencement
of this agreement; and
(c) The extent to which the plans submitted by the parties reduce the burden on
highway traffic created by the Depot to levels comparable to that existing at the commencement
of this agreement.
At each extension of term, the district may request that the traffic limits be increased in
direct proportion to the population in Chittenden County if the District can demonstrate that the
increased traffic will have no significant impact on adjacent neighborhoods streets. Upon
upgrade of the weight limitations on the Lime Kiln bridge, all trucks greater than 24,000 gross
vehicle weight will use that route as the sole route both to and from the Environmental Depot.
5
10. Repairs and Maintenance. The District shall, at its own cost and expense, at all
times maintain the Leased Premises in good order, repair, and condition; damage by fire or
casualty only exempted.
11 Property. All of the District’s buildings, structures, improvements, equipment,
fixtures, and other personal property of every kind in or upon the Leased Premises (“Property”)
shall remain the property of the District during the term of this Lease. At the end of the useful
life of the Property or upon termination or expiration of the Lease, the District may sell, remove,
or dispose of all Property from the Leased Premises unless other suitable arrangements are made
with South Burlington. At this time, upon request of South Burlington, the District shall return
the property to conditions that existed prior to the construction of the Biosolids Processing
Facility; reasonable wear and tear excepted.
12. Subletting and Assignment. Without South Burlington’s prior consent, the
District shall not assign or sublease its rights to the Leased Premises.
13. RESERVED.
14. Quiet Enjoyment. The District shall quietly have and enjoy the Leased Premises
during the term of this Lease.
15. Indemnification. The District indemnifies and holds South Burlington harmless
from and against all loss, cost, damage, liability, and expense, including reasonable attorneys’
fees, arising from injury or death of any person or damage to property resulting from or
attributable to the District’s use of the Leased Premises, including but not limited to injury or
death of any person or damage to property caused by environmental contamination, except for
loss, cost, damage, liability, or expense which results from negligent acts or omissions or willful
misconduct of South Burlington officers, employees, or agents. This indemnification shall
survive the termination of this Lease.
16. Insurance. The District shall keep in force at its expense comprehensive liability
insurance insuring the Leased Premises and the Property from an insurance company selected by
the District. At the District’s option, all or any part of such insurance may be maintained by the
District under insurance policies covering multiple properties. As a minimum, the District shall
provide, at its own cost and expense, throughout the term of this agreement, the following
insurance with insurers recognized by the State of Vermont as “ADMITTED” NON-SURPLUS
LINES insurers. Proof of coverage is to be provided by contract via industry standard certificates
of insurance.
(a) Commercial General Liability insurance covering all premises and operations
addressed within the Lease:
General Aggregate Limit $3,000,000
Products/Completed Operations $2,000,000
Personal Injury $2,000,000
Each Occurrence Limit $3,000,000
Fire Damage Liability $10,000,000
6
Liability coverage is to include (certification verification required):
(i) contract liability
(ii) aggregate limits of insurance (per project)
(b) Business Auto insurance covering all District owned, non-owned, and hired
vehicles, with minimum limits of liability of $2,000,000 combined single limit.
(c) Workers’ compensation insurance as required by Vermont statute.
17. Security. The District shall maintain all signs and gates, including the entrance
gate. The District shall secure the entrance gate and all buildings during hours the facility is
closed to the public. The District may use the scale located onsite for District business during
times when the facility is not open to the public.
18. Facility Log. The District shall maintain a log of any unusual events or violations
of procedures outlined in the Environmental Depot Operations Manual or the ANR Solid Waste
Management Certification (Act 78 permit) for the Depot. Such log will be available, as required
by law, for public inspection during normal business hours.
19. Events of Default. The following shall constitute Events of Default:
(a) The District fails to pay when due Rent or PILOT and such failure continues for a
period of ten (10) days after the date the District receives a notice from South Burlington
specifying such failure.
(b) The District fails to comply within thirty (30) days’ notice with any of the
District’s obligations in this Lease including violations of the procedures set out in the
Environmental Depot Operations Manual. If such default is susceptible to cure, the District may
request reasonable additional time as may be necessary to cure the default. Four (4) such failures
within any twelve-month period shall constitute immediate grounds for the default of this Lease.
(c) The District becomes insolvent or otherwise unable to pay its debts as they
become due; or a receiver, trustee, or other officer shall be appointed to take charge of all or any
substantial part of the assets of the District; or a petition is filed by or against the District under
any bankruptcy, insolvency, or other law relating to the relief or adjustment of indebtedness of
debtors and is not dismissed within ninety (90) days of the date of filing.
(d) The District is not in compliance with its Solid Waste Management Certification
from ANR for the Environmental Depot or the Environmental Depot Operations Manual after
receiving a “notice of alleged violation” and not rectifying the situation within thirty (30) days.
Medical Expense Limit $15,000
7
20.South Burlington Remedies. This Lease is made on the condition that if an Event
of Default occurs, South Burlington may immediately or at any time thereafter exercise one or
more of the following remedies, consecutively or simultaneously, without notice or demand:
(a) South Burlington may bring suit for damages or specific performance for the
collection of unpaid Rent, the PILOT, or other fees (less any amounts South Burlington may
receive upon reletting the Leased Premises) or the performance of any of the District’s
obligations, all either with or without entering into possession or terminating this Lease;
(b) For defaults listed in 19 (a), (b), or (c), South Burlington may give the District a
notice terminating this Lease on a date not less than thirty (30) business days after South
Burlington gives such notice, and upon such date this Lease shall terminate and all rights of the
District shall cease without further notice or lapse of time. Upon termination of this Lease, the
District shall surrender the Leased Premises to South Burlington. Upon surrender by the District,
South Burlington shall use reasonable efforts to mitigate the District’s losses.
(c) For default listed in 19 (b) or (d), South Burlington may have the District close
the facility to the public and accept no further material until Default described in 19 (b) or (d) is
rectified. Additionally, if the South Burlington Health Officer, within his or her professional
judgment, determines that conditions exist at the Environmental Depot that puts the community
at an unacceptable risk, then he or she may declare an emergency situation and have the District
cease accepting materials and properly dispose of certain materials creating the unacceptable
risk. The District shall have such rights of petition and appeal as provided under 18 V.S.A. § 127
and 128. The emergency order will be lifted when it is determined by the South Burlington
Health Officer or South Burlington Board of Health that the situation causing the risk is
corrected.
(d) South Burlington may exercise such other rights and remedies as it may have at
law or in equity including, but not limited to, placing a lien on the Leased Premises and Property.
21. Miscellaneous
(a)The District and South Burlington hereby agree to take or cause to be taken such
further actions and to execute, deliver, and record or cause to be executed, delivered, and
recorded such further documents and instruments as may be reasonably requested by the other in
order fully to effectuate the purposes, terms, and conditions of this Lease.
(b) This Agreement shall be governed by and construed in accordance with the laws
of the State of Vermont and may be canceled, modified, or amended only by a written instrument
executed by both the District and South Burlington.
(c) Any notice given hereunder shall be deemed duly given when mailed by
registered or certified mail, return receipt requested, postage and registration or certification
charges prepaid, addressed to the parties’ respective addresses stated on the first page hereof,
except that either party may by written notice to the other designate another address which shall
thereupon become the effective address of such party for the purposes of this clause.
8
(d) This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective successors and assigns.
(e) The headings for the various provisions of this Lease are used only as a matter of
convenience for reference and are not to be considered a part of this Lease or to be used in
determining the intent of the parties to this Lease.
(f) This Lease represents the entire agreement of the parties with respect to the
Leased Premises, and all prior offers, negotiations, and representations not herein expressly
contained shall be of no force and effect.
(g) This Lease shall be executed in recordable form and recorded, at the District’s
cost, in the City of South Burlington land records.
IN WITNESS WHEREOF, the parties hereto through their duly authorized agents have
executed this Lease Agreement as of the day and year first written above.
IN WITNESS WHEREOF CITY OF SOUTH BURLINGTON
By:
Jessie Baker, City Manager
IN WITNESS WHEREOF CHITTENDEN SOLID WASTE DISTRICT
By:
Sarah Reeves, Executive Director
STATE OF VERMONT
COUNTY OF CHITTENDEN, SS.
At South Burlington, in said County and State, this ____ day pf _________________, 2023,
personally appeared Jessie Baker, duly Authorized Agent of the City of South Burlington, and
she acknowledged this instrument by her signed to be her free act and deed and the free act and
deed of said City of South Burlington.
Before me, ___________________________
Notary Public
My commission expires:
9
STATE OF VERMONT
COUNTY OF CHITTENDEN, SS.
At South Burlington, in said County and State, this ____ day pf _________________, 2023,
personally appeared Sarah Reeves, duly Authorized Agent of the Chittenden Solid Waste
District, and she acknowledged this instrument by him signed to be her free act and deed and the
free act and deed of said District.
Before me, ___________________________
Notary Public
My commission expires:
10
List of Attachments
Attachment A Site Plan
Attachment B Solid Waste Management Certification (Act 78 Permit)
Appendix 1 Environmental Depot Operations Manual
Appendix 2 Materials Collected
1
EXTENSION OF PUMP STATION LEASE AGREEMENT
This Extension of Pump Station Lease Agreement (the “Agreement”) , entered into as of
the ___ day of June, 2023 is by and between the CHITTENDEN SOLID WASTE DISTRICT, a
union municipal district duly organized under the laws of Vermont, having an address of 19
Gregory Drive, Suite 204, South Burlington, Vermont 05403 (“District”) and the CITY OF SOUTH
BURLINGTON, a municipal corporation duly organized under the laws of the State of Vermont,
having an address of 180 Market Street , South Burlington, Vermont 05403 (“South Burlington”).
WHEREAS, the District and South Burlington entered into the Pump Station Lease
Agreement dated as of December 21, 2004 (the “Pump Station Lease Agreement”);
WHEREAS, the Pump Station Lease Agreement provides for the leasing by the District to
South Burlington of certain land and premises consisting of a curtain drain and pump station near
the Environmental Depot owned and operated by the District at property the District leases from
South Burlington at 1011 Airport Parkway, South Burlington Vermont;
WHEREAS, the District and South Burlington are simultaneously entering into an Amended
and Restated Lease Agreement for the property used by the District for the Environmental Depot
(the “Environmental Depot Lease”) for an extended term; and
WHEREAS, the District and South Burlington intend to continue the Pump Station Lease
Agreement.
NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. Extension and Continuation of Lease Term. The District and South Burlington
agree to continue and extend the term of the Pump Station Lease Agreement on the same terms and
conditions as in the original Pump Station Lease Agreement. The term is hereby extended to
December 31, 2028 (the “Term”).
2. Extension of Term. South Burlington may, at its sole option, extend the Term for a
minimum of four successive periods of five years each. The option to extend shall be exercised
automatically unless South Burlington gives written notice to the District not more than twelve (12)
months and not less than three (3) months prior to the expiration of the then existing term that it no
longer desires to extend and continue the Term of the Pump Station Lease Agreement. Each
extended term shall be upon the same terms, covenants, and conditions, as provided in the Pump
Station Lease Agreement. Upon the expiration or termination of the Environmental Depot Lease,
the Pump Station Lease Agreement shall terminate.
3. Rent and Covenants. Payment of rent and the covenants and obligations of South
Burlington under the Pump Station Lease Agreement shall continue in full force and effect.
2
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the
date first written above.
CHITTENDEN SOLID WASTE DISTRICT
BY:
Executive Director
CITY OF SOUTH BURLINGTON
BY:
City Manager
STATE OF VERMONT
COUNTY OF CHITTENDEN, SS.
At South Burlington, in said County and State, this ____ day of _________________, 2023,
personally appeared Sarah Reeves, duly Authorized Agent of the Chittenden Solid Waste District,
and she acknowledged this instrument by her signed to be her free act and deed and the free act and
deed of said Chittenden Solid Waste District.
Before me, ___________________________
Notary Public
My commission expires:
Commission No.:
STATE OF VERMONT
COUNTY OF CHITTENDEN, SS.
At South Burlington, in said County and State, this ____ day of _________________, 2023,
personally appeared Jessie Baker, duly Authorized Agent of the City of South Burlington, and she
acknowledged this instrument by her signed to be her free act and deed and the free act and deed of
said City of South Burlington.
Before me, ___________________________
Notary Public
My commission expires:
Commission No.:
8871979_1:04341-00006
R-2023-10
City Council Resolution Amending the Composition
of the Bicycle and Pedestrian Committee
June 19, 2023
WHEREAS the City of South Burlington last updated the composition and purpose of the Bicycle
and Pedestrian Committee on December 19, 2022; and
WHEREAS the City Council received many applications to serve on the Bicycle and
Pedestrian Committee in May of 2023; and
WHEREAS the City Council is interested in hearing from a variety of voices and
community perspectives through the Bicycle and Pedestrian Committee.
NOW, THEREFORE, BE IT RESOLVED that the South Burlington City Council
hereby amends the Bicycle and Pedestrian Committee composition to add one additional
member to serve for a three-year term. This will result in a total Committee composition of
ten members.
APPROVED this 19th day of June, 2023
SOUTH BURLINGTON CITY COUNCIL
__________________________________ ________________________________
Helen Riehle, Chair Meaghan Emery, Vice Chair
__________________________________ ________________________________
Tim Barritt, Clerk Tyler Barnes
__________________________________
Andrew Chalnick
R-2023-11
City Council Resolution Amending the
Composition of the Charter Committee
June 19, 2023
WHEREAS the City of South Burlington last updated the composition and purpose of the Charter
Committee on February 22, 2022; and
WHEREAS the City Council received several applications to serve on the Charter
Committee in May of 2023; and
WHEREAS the City Council is interested in hearing from a variety of voices and
community perspectives through the Charter Committee.
NOW, THEREFORE, BE IT RESOLVED that the South Burlington City Council
hereby amends the Charter Committee composition to add one additional member to serve
for a three-year term. This will result in a total Committee composition of eight members.
APPROVED this 19th day of June, 2023
SOUTH BURLINGTON CITY COUNCIL
__________________________________ ________________________________
Helen Riehle, Chair Meaghan Emery, Vice Chair
__________________________________ ________________________________
Tim Barritt, Clerk Tyler Barnes
__________________________________
Andrew Chalnick
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
To: South Burlington City Council
From: Jessie Baker, City Manager
Date: June 16, 2023
Re: FY24 Board and Committee Appointments
In May the Council convened as two Subcommittees to interview candidates for policy committees and
the full Council interviewed candidates for the Planning Commission and Development Review Board. As
discussed, please approve the following appointments for FY24.
Committee Appointment Term
Affordable Housing
Noah Hyman 1 year
Vince Bolduc 3 year
Chris Trombly 3 year
Nora Senecal 3 year
Bicycle & Pedestrian
Dana Farr 3 year
Nic Anderson 3 year
Mark E Pasanen 3 year
Ken Burkman 3 year
City Charter
Elizabeth Fitzgerald 3 year
Paul Engels 3 year
Common Area for Dogs
Elan Curran 3 year
Jason Smith 3 year
Development Review Board
Quin Mann 4 year
Economic Development
Michael Scanlan 1 year
Energy
Samuel Lipschutz 3 year
Housing Trust Fund
Anastasios Zois 3 year
Library Board
Anne Gilson Lalonde 3 year
Margery Vagt 3 year
Theresa Joan Eirmann 3 year
Natural Resource
Julian Keenan 3 year
Christine Badalamenti Smith 3 year
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Memo
To: South Burlington City Council
From: Thomas J. DiPietro Jr., Director of Public Works
Cc: Jessie Baker, City Manager
Date: June 16, 2023
Re: Ash Tree Management in South Burlington
The City of South Burlington has over 6,000 street trees (note: this value does not include trees
outside of City owned road right-of-ways, in City parks, or on other City owned property). All of
these trees are managed by a single City arborist. As of our most recent inventory, 581 of these
street trees (~10%) are ash trees. Ash trees across the nation are under threat from the
Emerald Ash Borer (EAB). The EAB larvae do damage by burrowing into the tree, which cuts off
the nutrient flow up and down the trunk, as well as girdling branches, eventually killing the
entire tree.
For FY24, Council approved a budget that includes $50,000 for ash tree replacement and
$10,000 for tree maintenance. The South Burlington Department of Public Works (DPW) also
applied for and received a grant for $12,000 for interplanting new trees (i.e. planting trees
between existing ash trees) in order to preserve the tree canopy. This grant requires a match of
$12,000, which will be paid for using ARPA funds. The total funding available for ash tree
management efforts in FY24 is $74,000. The City’s Natural Resource & Conservation Committee
(NRCC) requested an additional $50,000 in ARPA funding to support ash tree management, but
no decision on ARPA funding has yet been made. The current (FY23) budget included $50,000
total for ash tree replacement and tree maintenance.
In the last two years, DPW has presented to City council regarding ash trees on the following
dates and with the following outcomes:
• August 17, 2021 – Council voted to review the Montpelier policy.
• September 7, 2021 – Council approved maintaining the City’s current removal and
replacement approach.
• August 1, 2022 – The Council received a recommendation from the Natural
Resources and Conservation Committee. No action was taken.
• January 3, 2023 – Approved a grant application to fun planting of new street streets
to offset the removal of Ash trees to include allocating $20,000 of ARPA funds as
grant match.
At the June 5, 2023 meeting, City Council discussed ash trees under the “Other Business” agenda
item. At this time, implementation of an ash tree treatment program was discussed. An ash tree
treatment program would include injection of ash trees with Emamectin Benzoate. Once
injected into the tree, Emamectin Benzoate moves into the leaves and cambium before being
consumed by the adult and larvae emerald ash borers. This treatment method requires re-
injection of trees every three years.
2
Due to the increased labor and management costs associated with an ash tree treatment
program, and because ash trees typically only make up a small percentage of municipal street
tree inventories, the majority of municipalities across the nation have implemented ash tree
replacement programs. Some have decided to replace ash trees, and also implement a selective
treatment program whereby significant ash trees within their municipality are treated to
protect them from the effects of the EAB. This typically involves large / significant trees in parks,
or along downtown / commercial streets. The largest treatment program in Vermont that City
staff are aware of is in the City of Rutland. Rutland has identified ~100 ash trees for treatment.
This program is managed by municipal staff (an arborist and an assistant arborist).
If council would like to establish an ash tree treatment program the next step would be to
develop a process to determine which trees get treated and which trees get replaced. Some of
the City’s existing ash trees are in poor health, have not grown well in their current location, or
have structural issues that would not warrant additional investment. This would likely require
an updated assessment of the current ash tree inventory. If the number of trees to be treated is
small (e.g. 100 or less), it may be possible for the City arborist to implement an “in-house”
treatment program. If the number of trees to be treated is large it would be necessary to hire a
contractor to complete this work.
Since ash tree treatment costs would be on-going, Council would need to fund this work for the
long term under the “Tree Care” line item in the highway division budget. Allocating funding
from the City’s Capital Improvement Plan (CIP) or ARPA would be helpful in getting this
program started, but these are “one time” dollars that are not intended for on-going
investments / maintenance. Depending upon the size of the program, the City would need to
significantly increase the amount currently budgeted for tree care (depending on the size of the
program, it may need to triple or quadruple this budget in some years). Council should consider
whether it is fiscally responsible to increase the tree maintenance budget by this amount in
order to maintain ~10% of the City’s street trees.
If an ash tree treatment program will be developed, Council should also consider the workload
increase associated with a treatment program. The City has a single arborist who is responsible
for management of the 6,000+ street trees in the city and trees in parks and other City owned
properties. Any strategy for ash tree treatment would need to consider the time required for
City staff to manage the program.
Another factor for consideration is that some residents and committees have previously
expressed a desire to ban the use of herbicides and pesticides on City owned property. Any
proposed treatment program requires the regular use of a pesticide (treatment consists of
injection with Emamectin Benzoate). Council should weigh the request to use pesticides on ash
trees against the desire that some have voiced in objection to the City’s use of pesticides and
herbicides.
Lastly, no management plan should prevent the City arborist from determining that any
individual tree needs to be removed due to safety or disease related concerns.
To: The South Burlington City Council From: Natural Resources and Conservation Committee
Re: Ash Tree Hybrid Management Plan Date: June 14, 2023
Cc: Dave Wheeler Craig Lambert GOAL
Our goal remains to give the City time to coordinate and stagger an Ash tree replacement plan in light of the Ash borer devastation that is now been discovered in our City. No one wants the City to get caught with the need to remove 600 Ash trees in a very short period of time. We believe our hybrid plan will allow the City to continue to cut down
and replace existing trees over the next few years 20 or 30 years.
THE HYBRID PLAN
The Hybrid Plan is really the only viable option for Ash tree management because:
* Once an Ash tree is infected, it will soon become brittle and dangerous to remove. Waiting for this to happen will dramatically increase the cost of removing and replacing trees, risk the health and safety of City staff, and leave many neighborhood without
meaningful tree canopy.
* It allows the City to “buy” time to remove and replace trees on a gradual schedule, spreading out funding and contracted services.
* Treating a tree with a 15” diameter (average size in our City) will cost about $120.00
and last three years.
• With about 600 treatable Ash trees to be infested by the Ash Borer, we could treat
480 of those trees over a three-year period. Over the following three-year period
we could then treat 360 trees, and remove/replace another 120 trees. We could continue until, after 15 years, all of the Ash trees have been replaced.
ADDITIONAL INFORMATION
1. The treatment with Emamectin Benzoate has been used for over 20 years in a number of municipalities, is safe and does not harm people, animals. The timing of any treatment
needs to be coordinated with the flowering period of an Ash tree to protect those insects
that pollinate the tree. 2. The treatment is very effective over time when administered by a licensed specialist and an arborist, done every three years.
3. It is assumed that any treatment of the trees would be contracted out just as a plan to replace trees. We fully understand staffing is an issue and contracting these services is the only logical solution.
4. Certainly the hybrid or any plan should be a multi-year plan. That makes sense,
budget wise and for a sensible treatment schedule or a cut down and replacement schedule. 5. Our research shows that when you contract out a tree service company to do the work
and that contract covers 600 trees over many years, the cost is much, much cheaper than a
small amount of trees in a shorter period of time. The price on the memo from the NRCC represents that lower cost. Obviously it would be wise to lock in a price when a contract is signed.
6. The City should decide what neighborhoods and trees should be treated or removed
first. There are no issues of “equity” here because the work simply needs to be scheduled where the most Ash trees are growing. Private property owners should have no say with city trees in the ROW on any street.
7. Record keeping should be very easy as other cities have tagged trees and kept a
spreadsheet. The system is there to use. Also, the contracted company can do that work for you, once you make a determination of what trees and when etc. 8. Anytime the City arborist determines a tree needs to come down and be replaced, that
should always be the call of the city.
November 16, 2022
TO: South Burlington City Council, City Manager Baker
From: Natural Resources and Conservation Committee
RE: recommendations for additional ARPA funding for 2 Conservation
related topics: Treescape maintenance and preparing the Open Space
Plan
1)While there are different opinions as to the treatment or removal of ash
trees, the Committee recommends that City Council allocate $50,000
of ARPA funds in order to maintain the City Treescape. The city’s CIP
will fund the removal and replacement of street trees, ash trees in
parks and forests are still vulnerable. With funding from ARPA, the city
could offset the loss of these trees by planting additional trees or could
hire a contractor to treat select ash trees in forests with an insecticide,
with the goal of keeping the trees alive long enough for a new method
using parasitoid wasps currently under study to become available.
The Committee has met several times with DPW Director Tom DiPietro
and City arborist Craig Lambert to discuss the City’s plans to remove
ash trees from select neighborhoods in anticipation of the emerald ash
borer infestation. We recommend ARPA funds be added to the yearly
City budget for treescape maintenance and be used at the discretion of
the City arborist whether for purchasing new trees as replacements or
for selectively treating Ash trees of note.
2)The NRCC is in the early stages of creating an Open Space Plan, as
directed by our charge from Council. No one on the committee feels
that they have the skills to facilitate the development of a significant
document like this. We request that $25,000 of ARPA funds to hire a
contractor/facilitator to help the committee organize ideas and hold at
least 2 public input meetings. The committee would like to gather
public input early in the process to help shape the plan’s vision and
goals. We feel that this is important so that the plan will reflect the
community’s values about land conservation. We then hope the
facilitator will help us incorporate the input we receive into the final
Open Space Plan. The NRCC anticipates doing this work in 2023 and
2024. We anticipate that the funds could be used for a consultant to do
outreach and advertising for public participation, convening meetings
with the technical requirements for hybrid meetings, and follow up
drafting of relevant input into the plan.