HomeMy WebLinkAboutAgenda - City Council - 08/18/2008 ��0"BWUNo*ot,4
` , City of South Burlington
�i� �����j� ii 575 DORSET STREET
r.�il� .t��, `i , SOUTH BURLINGTON, VERMONT 05403
�' TEL. (802) 846-4107
I •°b FAX (802) 846-4101
b•
•<'ByF°4 iowN 14°G'~ CAGER
HAR ES ECITY NHAFTER
AGENDA
SOUTH BURLINGTON CITY COUNCIL
CITY HALL CONFERENCE ROOM
575 DORSET STREET
SOUTH BURLINGTON, VERMONT
REGULAR SESSION 7:00PM Monday, Aug. 18, 2008
1) Comments and Questions from the public(not related to the Agenda).
2) Announcements and City Manager's Report.
* 3) Interviews for appointments to City Boards and Committees.
* 4) Continued consideration regarding chain-link fence on Kennedy Drive at Winding Brook.
* 5) Consideration of application for VTrans Enhancement Grant for LED"Mid-Block"Pedestrian Crossing safety
improvements; Bruce Hoar, Public Works Director.
6) Report on preliminary results of EPA Energy Challenge; Deb Sachs and EPA Consultants.
* 7) Consideration of purchase of Fire Truck(s); Information and Recommendation: Doug Brent, Fire Chief.
* 8) Discussion of issues related to the use of Conservation Fund.
* 9) Consideration of approval of Bio-solids Residuals Management Participation Agreement;Tom Moreau, General
Manager, Chittenden Solid Waste District.
* 10) Consideration of City Council Policy on Public Education Activities related to City-Focused Ballot Articles;
Councilor Sandra Dooley.
* 11) Reconsideration of action to return ROW on Green Tree Drive to private owners.
* 12) Consideration of appointment of voting delegate to Annual Business meeting at VLCT Town Fair.
* 13) Review agenda for Development Review Board meeting to be held on Tuesday,Aug. 19,2008.
* 14) Review and approve minutes from special®ular City Council meeting held on July 21,2008.
15) Sign disbursement orders
* 16) Consider entering Executive Session to discuss real property acquisition.
17) Adjourn
Respectfully Submitted: C_PI --P t
Charles Ha er,City Manager
Fes' City of South Burlington
fi� �lo_I��''�ki SOUTH BURLINGTON, VERMONT 05403
TEL. (802) 846-4107
FAX (802) 846-4101
.41ie7.0wN MPa° CITY MANAGER
CHARLES E. HAFTER
August 14, 2008
Chair and City Council
South Burlington, VT 05403
Re: Interviews for appointments to City Boards and Committees
To All Members:
Attached is a list of appointments needed to City Boards and Committees. Unless
specified, all terms are for three years. Keeping with past Council policy, only new
applicants have been invited to interview. The new applicants have their paperwork
attached and are:
✓Design Review Committee: Robin Lawson, 59 Floral Street
-'Red Rocks Committee: Yiota Ahladas, 3 Pavilion Avenue
Vacancies Remaining: Following this round of interviews, the following vacancies
remain and I will recruit applicants in the Other Paper: Planning Commission(replace
Tim Duff), Design Review Committee, the Natural Resources Committee and City
Charter Committee.
Also, following tradition, Council can deliberate on appointments in Executive Session.
All voting on appointments must be done in open session following the executive session.
Sincerely,
Chuck Halter
City Manager
t
2008/2009 Boards&Committee Appointments
Name Brd or Committee Looking for re-appointmen
Marcel Beaudin (3) Planning Commission yes
Tim Duff (4) Planning Commission Yes,but wants replacement soon
Judy Barron City Center Design Review Comm NO
John Zwick City Center Design Review Comm NO
Robin Lawson City Center Design Review Comm New applicant 'Arc,
Galye Quimby (3) DRB yes
Mark Behr (3) DRB yes
Laura DeMaroney Rec Comm&Leisure Arts yes
Joseph Hameline Rec Comm & Leisure Arts yes
Ken Mahl Rec Comm& Leisure Arts yes
Rosemary Perkett Rec Comm&Leisure Arts yes
Jed Lowy Red Rocks yes
Mary Jo Reale Red Rocks yes
Ethel Schuele Red Rocks yes
Yiota Ahladas Red Rocks New applicant
Bill Cimonetti Rec. Path yes
David Jacobowitz Rec. Path yes
Tim Barrett Lib. Brd of Trustees yes
Sandra Lindberg Lib. Brd of Trustees yes
Chris Cavin Winooski Valley Park Dist. yes
Russell Agne Natural Resource Comm Yes
Tim Barritt CRCF Liaison Comm yes
Maurice Cloutier CRCF Liaison Comm yes
William Cimonetti City Charter Comm Yes
Terry Sheahan City Charter Comm NO
August 10, 2008
Mr. Chuck Hafter
City Manager
575 Dorset Street
South Burlington, VT 05403
Dear Mr. Halter,
I was excited to see the announcement in The Other Paper for vacancies on the
City Center Design Review Committee.
I have been active in Vermont's Professional Building Community for the last
eight years, providing lighting expertise for many high profile projects. I worked closely
with former committee member Donna Leban of Light Space Design on the Winooski
Downtown Redevelopment Project and Gardner Kilcoyne Architects on the VSAC
Building. I regularly provided professional documentation to satisfy Act 250
requirements and attending Planning and Zoning meetings when my schedule permitted.
I have been a resident of South Burlington for over 10 years, having lived in the
surrounding communities before settling here to raise my family. I graduated with High
Honors from UVM's School of Agricultural and Resource Economics. Over the last 13
years I have successfully developed and managed two multimillion dollar markets in
Vermont. My professional network is well established among developers, realtors,
architects, engineers, contractors, wholesalers, retailers, facility managers, manufacturers
and trade associations.
Earlier this year I joined Smith Barney with the following goals:
• Come in off the road
• Spend more time with my family
• Take an active role in community affairs
• Provide more comprehensive value to my clients
• Capitalize on emerging market trends
I would like the opportunity to interview with the City Council to further elaborate on
how I can add value to the team and learn more about your expectations for this position.
Thank you in advance for your time and consideration. I look forward to hearing from
you.
Sincerely,
ambit/ 05(.7 GAlpsedi
Robin c C &awsan
59 Floral Street
South Burlington,Vermont 05403
(802)233-6783
rnlawson2@verizon.net
Professional Objective:
• Dynamic Business Professional looking for new challenge. 13 years experience in business development
opportunities in Vermont. Well established professional network.Especially talented in developing new
markets and territories. Strong background in sales,marketing,account management and customer service
with experience in advertising and public relations.Demonstrated ability to influence key decision makers.
Market Development Experience:
Swaney Lighting Associates 1999-2007
Business Development: •
Increased market penetration in Vermont for Lighting Fixture and Controls Manufacturers Rep Agency by
30%in first year due to previously established relationships and skills in courting new partnerships in
unfamiliar market. Identify key decision makers in all facets of construction industry to include
manufacturers,architects,engineers,contractors,wholesalers,retailers,facility owners/managers,
developers,trade associations and other industry affiliates. Identify individual market segment needs and
develop programs to provide consulting expertise and service unique to each segment.Build territory to
multimillion dollar level within 5 years.
Education and Training:Office Environments Business Design and Resource Center:*
Join forces with trade allies to design and build interactive case study on the impact of sustainable design
on the environment,facility performance,human performance,and fiscal performance.Develop and
deliver monthly educational seminars on all facets pertaining to High Performance Energy Efficient
Lighting Systems and financial incentives available from all sources.Receives 2005-2006 Governor's
award for Environmental Excellence in Education and Outreach.
Initiate relationships within Efficiency Vermont to support their goals and provide counsel on Lighting
Industry dynamics to help identify obstacles to EVT's penetration in resistant market sectors. Speak before
• Northeast Energy Efficiency Partnership's Commercial Lighting Working Group to elaborate on these
issues and make recommendations for successful marketing programs.
Program Development:*
Conceive,develop and implement a Green Stock and Design/Build program offering factory incentives to
• suppliers to bring Green Product into stock and to electricians to purchase them.Engage in aggressive
outreach efforts to promote the!Go Green! Program among industry affiliates including manufacturers,
developers,contractors,facilities,architects,engineers,State of Vermont,municipalities,schools and trade
associations.
Office Environments 1994-1998
Business Development:
Successfully develop Vermont territory for Contract Furniture Agent with no previous product/industry
knowledge to grossing over a million dollars in sales in less than three years.Establish key accounts.
Manage multiple large scale time critical projects,presenting and selling solutions to executive level
individuals and key decision makers.Handle contract development and management for State of Vermont
account. Negotiate with vendors to secure incentive programs.Establish and maintain relationships with
facility owners/managers,developers,architects,builders,brokers,designers,manufacturers,and freight
carriers.
Sales/Management Experience:
Gordon's Window Decor 1993-1994
Sales and Design Specialist:
Consult with clients to understand aesthetic and functional needs for window treatments.Utilize knowledge
of design elements and product performance to create solutions.Prepare recommendations and submit
proposal.Furnish detailed construction specifications to fabricators.Oversee production efforts and make
changes when necessary. Consistently achieve greater than 90%closure and satisfaction.
Chrysler Plymouth Dealership 1992-1993
Account Executive:
Sell,on average,ten to twelve vehicles per month by accurately interpreting client's needs and budgetary
considerations,demonstrating features/benefits of appropriate vehicle(s)and educating about financing
options.
Mary Kay Corporation 1992-1995
Independent Sales/Marketing Manager
Sell Mary Kay products to private clients grossing$25,000 annually through part-time sales.Plan and
develop marketing strategies for special events and holidays.Manage office operations and maintain
accurate records for tax purposes.Earn sales bonus and incentive awards. Achieve Star Consultant Status in
first three months.
Daffodil Corporation 1991-1992
Manager
Opened new outlet for established retail chain and created favorable impression in new market.Hired
trained and supervised staff in sales techniques,customer service,merchandising,inventory control,and
transaction procedures. Implemented personal marketing strategy to generate increased sales and repeat
business. Compiled sales reports and established future sales projections. Consistently achieved high sales
and won sales awards.Received Regional Sales Award.
Education:
Bachelor of Science, Small Business Management,University of Vermont 1990
*Outstanding Senior in Small Business Management,Agricultural and Resource Economics Award
*Scholastic Recognition in Agricultural Economics Award
*Internship:Paul Kaza Associates Advertising and Marketing
* Work/Study: University of Vermont Public Relations, Assistant to Editor of Alumni Magazine
Professional Associations:
Vermont Independent Electrical Engineers Association,Vermont Chapter American Institute of Architects,Vermont
Chapter American Society of Landscape Architects,Construction Specification Institute,Illuminating Engineering
Society of North America,Association of Facilities Engineers,Vermont Green Building Network
Professional Training:
Numerous factory sponsored training events covering all facets of electrical product sales including
manufacturing procedures,product performance,lamp and ballast technology,building automation systems
and lighting design software.
*Comprehensive Professional Portfolio available upon request
1 Hubbard
f: Yiota Ahladas [yahladas@ci.Burlington.vt.us]
Monday, June 02, 2008 8:47 PM
Tom Hubbard
_ict: RE: Red Rocks
'ne.doc
,B)
Dear Tom,
am writing to express my interest in being appointed to the Red Rocks Advisory Committee. I have attached
ny resume for your review.
I have been a resident of Queen City Park, and a steward of Red Rocks Park for over 20 years. I have a deep
love and respect for the incredible natural resource that Red Rocks is to our community. For two decades I have
walked daily in the park. I often find myself educating users about dog and bike policies, picking up unwanted
litter, extinguishing fires, and in general keeping a keen eye on the health and care of the plants and animals
who thrive in the park. The park has obviously seen a dramatic increase of usage as well as mis-sue over the
years and shows signs of erosion. I want to help keep it a vital healthy natural environment for all to enjoy and
see the Committee as a good vehicle to continue my love, care, and stewardship of the Park.
Sincerely,
Yiota Ahladas
Yiota Ahladas
Director
The Center for Community and Neighborhoods (CCAN)
125 College St.
Burlington, Vermont 05401
(802) 865-7168 Direct Line
(802) 865-7155 Front Desk
CCAN is a Division of the Community and Economic Development Office
(CEDO)
http://www.cedoburlington.org/neighborhoods/ccan_main.htm
What's New at CEDO: www.cedoburlington.org/what'snew.htm
\7't ask what the world needs. Ask what makes you come alive, and go do it; because what the world needs
jeople who have come alive."
cos\ward Thurman
_Hubbard" <thubbardCsburl.com> 05/29/08 1:43 PM>>>
iota
0 ' i
r
/
YIOTA AHLADAS
3 Pavilion Avenue, South Burlington, VT 05403
(H) 802- 658-5126/(M) 802- 355-0025
yahladas sa(a)yahoo.com
SUMMARY OF QUALIFICATIONS
Accomplished results-oriented professional, possessing superior leadership and
organizational skills with an extensive background in the following competencies:
• Public Administration & Policy Development • Fundraising & Grantmaking
• Media & Public Speaking • Sustainable Development
• Strategic Planning & Facilitation • Participatory Governance
• Leadership Training & Development • Program Development
PROFESSIONAL EXPERIENCE:
Assistant Director for Community Development, Community and Economic
Development Office, Burlington, VT/ 1995-Present (One Year Leave of Absence)
Founder/Director of Burlington's Center for Community and Neighborhoods. Key
responsibilities include: developing and managing policies, programs and staff;
identifying and securing financial resources; negotiating public/private collaborations;
maintaining positive media and public relations; and representing City's Administration
at the local, state, and federal level.
• Created the Center for Community and Neighborhoods that houses Burlington's
community development, community justice, and civic engagement programs. The
Center's programs have been nationally recognized and are integral to the City's
community and economic development efforts. Examples of programs developed
include: Community Justice Center, Burlington Neighborhood Project Grants
Program, Burlington AmeriCorp*VISTA Program, Burlington Literacy Initiative, Study
Circles on Racism, The Green Team, Parallel Justice Project and the Offender Re-
Entry Program.
• Assisted in creating the conceptual and policy framework for the City's sustainable
development efforts that have been recognized by the U.S. Conference of Mayors,
the International Association for Public Participation, and the International Council
for Local Environmental Initiatives.
• Centrally involved in development and implementation of federally designated Old
North End Enterprise Community (EC), a comprehensive strategic plan for the
physical, economic, and social revitalization of Burlington's Old North End; ranked
one of top 10 EC's by HUD in 1997; leveraged over $150 million dollars.
YIOTA AHLADAS Page 2
• Initiated and developed federally supported Community Outreach Partnership
Center (COPC) with the University of Vermont (UVM) to support community
leadership, affordable housing, and economic development; leveraged $1.4 million
dollar start-up; partnership sustained and institutionalized by UVM providing broad
spectrum of resources to City.
• Developed the Foundation for Civic Engagement, a 501c3 non-profit organization
that serves as a funding umbrella to Burlington's civic engagement initiatives.
• Assisted in development of Burlington Police Department's nationally recognized
"Hiring in the Spirit of Service Project" to recruit, hire, and train refugees, people of
color, and women on the Burlington Police Force.
International Eisenhower Fellowship and Consulting, 2005-2006
• Eisenhower Fellowships, Sustainable Development study tour to New Zealand and
South Africa.
• Strengthening Decentralization of Uganda Project, Uganda: Consultant/Trainer to
SDU/ARD for Capacity Building Project in Local Governments
• Imagine Hout Bay Sustainable Development Initiative, Hout Bay South Africa:
Consultant/Presenter on public process design for sustainable development plan.
Community Development Specialist, Community and Economic Development Office,
Burlington, VT/ 1989-1995
Responsible for implementation of broad range of community and neighborhood
development initiatives:
• Coordinated City's seven Neighborhood Planning Assemblies that address City
planning and development initiatives at the local level. Provided framework for
citizen involvement in the allocation of City resources and development of City
policies and plans.
• Assisted with planning and implementation of neighborhood development and
revitalization initiatives including commercial corridors.
• Managed City's $1.3 million Community Development Block Grant Program.
Annually awarded and administered over 40 grants that leveraged over $15 million
dollars for job creation, affordable housing, revitalization, and social services.
• Created and staffed City boards and councils, including Human Rights Council,
Human Services Council, Council on Refugees and Immigrants and City Council
committees.
• Managed City's 504/ADA Compliance for physical and programmatic accessibility.
Developed award-winning Disability Friendly Program with business community.
YIOTA AHLADAS Page 3
Director, Home Modification Program, Vermont Center for Independent Living,
Montpelier/ 1987-1989
Developed, managed and secured funding for statewide housing rehabilitation grant
program for handicapped accessibility improvements to low-income households.
Doubled program's service delivery in less than two years.
Special Projects Developer, Burlington Independence Incorporated & Vermont Center
for Independent Living / 1982-1987
• Conducted research, planning and development of Vermont's first independent
housing alternative for persons with severe physical disabilities. Secured resources,
partnerships, and legislation for innovative cooperative housing project.
• Provided technical assistance and training to state agencies, non-profit
organizations, and disability rights advocacy groups.
Consulting Affiliations: (Client list available upon request)
• Senior Associate, Global Communities Initiatives, 2006 to present
• Consultant, Associates in Rural Development, Burlington,VT, 2006 -present
• National Affiliate Trainer, Interaction Institute for Social Change (IISC), Boston, MA/
1996-Present
• National Trainer, Northwest Regional Educational Laboratory, Portland, OR
SIGNIFICANT AWARDS & HONORS:
• Eisenhower Fellowships, 2005
• Keep America Beautiful, National Graffiti Hurts Award, 2004
• United Way of Chittenden County, Community Impact Award, Study Circles on
Racism, 2003
• MetLife Foundation National Community Policing Partnership Award for the
Burlington Neighborhood Project, 2002
• Burlington AmeriCorp*VISTA Program, National Best Practices, 2002
• Kennedy School of Government Innovations Award, finalist for the Community
Justice Center, 2001
EDUCATION:
• Johnson State College, Johnson, VT. 1983
BA: Emphasis in Music and Cultural Studies
Graduated with Honors of High Distinction.
• Tufts University, Management Community Development, 1994.
`ntLINOTON,
a rF'P
6° '�~'s City of South Burlington
r + ,1o�vl 575 DORSET STREET
���/��`,�'! ;�,, SOUTH BURLINGTON, VERMONT 05403
�`4.— 11 ;;:, TEL. (802) 846-4107
^> 0mb FAX (802) 846-4101
L`' f)A 7oWN M ` yti
ey 'a CITY MANAGER
CHARLES E. HAFTER
August 14, 2008
Chair and City Council
South Burlington, VT 05403
Re: Discussion of issues related to the use of Conservation Fund
To All Members:
Following the City's fee simple purchase of the underlying Scott property and voter
approval of the use of the Conservation Fund to purchase land for intended recreation
use, several questions have arisen. Please discuss:
• Steve Stitzel will be present to discuss the legal ramifications of the City's
completion of the Scott purchase. The clear intent of the Council's purchase of
the property was to preserve the property in its natural state as open space. Does
the property retain a"conservation easement" and what impact does the two
remaining residential lots have regarding a"merger of property"? In essence, if a
problem does exist, what is the best way to guarantee perpetuity for the Scott
parcel as"open space conserved land".
• Does the Council wish to establish guidelines for the use of the Conservation
Fund? Should there be an allocation ratio between uses? Should there be a policy
framework to base expenditures upon, or does the nature of land,acquisition argue
for a case-by-case basis. If Council wishes a policy be developed, how should the
policy be developed and implemented?
You may have other questions in this area.
Sincerely,
f, 01)
Charles Ha ter
City Manager
DESCRIPTION OF WORKSHOPS AND MEETINGS
Sq 1 - ' s • -
he sc edulerin pted below ts''as o u is still sub rsject to Chang o tesfor
35"'F*244;101-, per."
il. .on workshops,please�vtsit: uit Weir site at www vlet org and be su e '�. �l�>u•u QQ a
�� sgrd Gurde at Town Fair'In adds.onto e workshops acid meetings liste• •w eta r
',c,M.f'.t .s- w .,. .-. x ,
'L'" " st2'� 888
ogram Guide will ha e details a o t ens anc other.entertainment exhib to oti
:"474,1W... .M#. %" i". .�;' ;� <.,.":x=£ °r>"'c�`��6.;.ve .t«'�-`; .*, "`Y- �'�t'x,�'' ��:.x =4-�+ck �?r.��� 'i" ...:°� ...
WEDNESDAY, OCTOBER 1
9:00 VLCT Municipal Golf Tournament, Green Mountain National Golf Course
3:00 VLCT Board of Directors Meeting
3:00 VLCT UI Board of Directors Meeting
6:00-9:00 Local Government Dinner, Killington Grand Hotel
THURSDAY, OCTOBER 2
MORNING WORKSHOPS AND MEETINGS
8:00-11:00 Meet and Greet at the Conversation Cafe sponsored by the Chittenden Bank
Enjoy a continental breakfast and share experiences with your peers.
8:00-12:00 Health screenings, chair massage and bone density screenings
Sponsored by VLCT PACIF &Health Trusts
Participants in the VLCT Health Trust CIGNA plans may also receive a free flu shot(non members pay
$20.00) subject to availability,and complete their Health Risk Assessment Survey on-line.
9:00-10:00 Concurrent Sessions
Current Developments in Payroll Issues
Learn what is a qualified tax benefit under the recently passed legislation for volunteer firefighters and
other emergency workers, and how to handle payments to senior citizens, planning and other board of-
ficials. Stipends, reimbursements and benefits, including property tax exemptions, may have payroll tax
implications. We will discuss the taxability of cash and non-cash income, tax deferred annuities and health
insurance premiums. Recordkeeping hints and who to contact for help for any payroll or reporting issues
will be included in this session.
Fran Reina,FSLG,Specialist, U.S. Internal Revenue Service
Candidates Forum
VLCT is hosting a debate among the candidates for the office of Governor. Candidates have been invited to attend.
PILOT (Payment in Lieu of Taxes)
Are you interested in hearing a panelist of State and local officials explain how the determinations are made
for funding in the Governor's, House and Senate PILOT proposals? What towns have enacted Local Op-
tion taxes? Are new communities anticipated to participate in this upcoming year? How much stability can
PILOT communities depend on? Should special funding be awarded for communities who house"guests"
of the correctional system as recently proposed by the Mayor of the City of Barre? Are there other "special"
needs that the State should be reimbursing over and above the"normal"services provided by a PILOT com-
munity? This past year, more General Fund pieces were taken from the"pot" of PILOT monies. What does
the future hold in this regard? How do we direct our legislative representatives? More details on this session
will be provided in the Program Guide.
(Continued on next page)
,.
DESCRIPTION OF WORKSHOPS AND MEETINGS CONTINUED
Vt.Association of Chiefs of Police General Membership Meeting
10:00-10:30 Free time to visit the Exhibit Hall
10:30-12:00 Concurrent Sessions
PACIF and Unemployment Trusts Annual Meeting
Come hear about your Trusts' performance over the last year,elect new officers and review financial reports.
Building a Better Highway Budget
The continued decline in federal and state transportation revenues, coupled with aging transportation infra-
structure throughout the state, has resulted in a situation that is straining municipal highway budgets and
revenue sources (the property tax) to the breaking point. With the budget-building process looming for local
officials, this session is designed to help communities get the most road and bridge"bang" for the local "buck"
through multi-year highway and bridge plans,a focus on the economics of preventative maintenance, alterna-
tive technologies and materials, and Yankee ingenuity.
Speaker to be Announced
The Most Effective Advocate for Local Government:You
Through the years, one truth remains constant: the most effective lobbyists for the needs of local government
in the legislature are local officials. Discover your legislative voice!You can be an effective advocate for your
community and a more active presence on behalf of local government in the Statehouse.
Karen Horn,VLCT Director of Public Policy and Advocacy,and Trevor Lashua,VLCT Senior Associate
for Advocacy and Information
The Community"2-Way Radio": How Local Government Officials Can Improve their Dialogue with
Citizens—and Ultimately their Results
Sometimes the relationship between town officials and citizens is adversarial,with both sides pushing and
pulling in opposite directions. But it doesn't have to be that way. This session focuses on using open, consis-
tent, and clear communication to avoid or mitigate those situations,while creating or enhancing the trust
citizens have in local government. Find out how to "sell" policies and priorities (particularly budgets), practice
"active listening," establish forums for consistent, reliable communication,and how to communicate in emer-
gency situations.
Speaker to be Announced
Middlebury's Response to the Train Derailment—What Worked,What Didn't
In October 2007 Middlebury had a large train derailment in the middle of town. Sixteen cars carrying a vari-
ety of liquids, including gasoline,were on their sides on the banks of the Otter Creek. During this session you
will hear responders talk about the resulting effect on the community, the Town's resources and the state and
railway disaster response organizations. Come find out what worked and what didn't in case a disaster like this
occurs in your community.
Tentative Speakers:Tom Hanley,Middlebury Police Chief;Dave Shaw,Middlebury Fire Dept.Asst.
Chief;Representative from Addison County Local Emergency Planning Committee (LEPC)
Practical Security and Backup Strategies
The workshop will address basic data security and reasonable steps town officials can take to protect and ar-
chive town data. This will be aimed at offices with very few PCs and no on-staff IT resources.
Jim Burke,VLCT Director of Information Technology
12:15-2:15 Annual Turkey Dinner and Awards Presentation
2:15 VLCT Grand Raffle and Vendor Raffle Winners Announced
Grand Raffle Sponsors:
Northeast Delta Dental (Continued on next page)
Merchants Bank
DESCRIPTION OF WORKSHOPS AND MEETINGS CONTINUED
Al I ERNOON WORKSHOPS AND MEETINGS
2:30-4:30 VLCT Annual Meeting
VLCT's municipal legislative policy is discussed and adopted by the membership at this meeting. One voting
delegate per member city or town should participate. All members are welcome to attend; non-members
may speak when recognized by the group in accordance with VLCT bylaws.
2:30-3:30 Concurrent Sessions
Celebrate the Arts in Your Community
Vermont is home to tremendous creative talent and our cities and towns know it! School festivals, the South
End Art Hop, Rockingham Arts and Museum Project (RAMP) and a variety of projects sponsored and funded
by the Arts Council enhance our communities every day. Successful collaborations abound that culturally
and economically sustain the arts in our communities. Come learn how, in the words of RAMP,you can
"revitalize the community by developing awareness of the arts, creating vitality in the community with the arts, and
demonstrate the arts favorable impact on the local economy"
Robert McBride, RAMP Executive Director,Additional Speakers to be Announced
Workers'Compensation 101 -"Think Like an Employer"
VLCT's professional Group Services staff will give a basic overview of how the workers' compensation system
works in Vermont. Learn how the system came about and who is covered by it, how to purchase insurance
and control costs, what to do when an accident happens, types of benefits for covered employees and what
municipalities can do to control workers' compensation costs.
Joe Damiata,VLCT Manager,Safety and Health Promotions;Darlene Bresett,VLCT Manager,Workers'
Compensation Claims
Roads &Rivers Workshop
In this workshop we will examine a flume model of a stream, and set up real life examples of conflicts that
occur in towns between managing our roads and rivers. We will set up and run demonstrations on the flume
to show the potential impacts and long-term effects of culvert installations and bank stabilization projects and
how to best manage roads to prevent damage from storm events and flooding. Discussion will focus on stream
processes, recommended road maintenance techniques, regulations involved with stream projects and poten-
tial funding sources for grants. This workshop is presented by the Better Backroads program in partnership
with the Vermont Agency of Natural Resources River Management Section.
Linda Boudette,Northern Vermont Resource Conservation and Development Council
Staci Pomeroy,Vermont Department of Environmental Conservation River Management Program
Vermont Recreation and Parks Association Roundtable
Anyone interested in the delivery of recreation services is encouraged to attend this roundtable discussion
hosted by the Vermont Recreation and Parks Association (VRPA). Members of the Executive Commit-
tee, who have years of collective professional experience,will be available to tell you about the Association
and the opportunities it provides, and help you solve your greatest recreation dilemmas. Come prepared to
share your administration, program, and facility challenges and success stories.
Members of the VRPA Executive Committee
What Your Town Needs To Know About Complying With the Americans with Disabilities Act
Did you know that all towns must comply with the Americans with Disabilities Act (ADA) and there is no
such thing as a "grandfather clause" in the ADA? Find out what, as an employer or town official,your rights
and responsibilities are under the ADA.
Kim Brittenham,Vermont Council on Independent Living
SAFE JOURNEY HOME!
•
riTO: Vermont Selectboards and City Councils
'. FROM: William Perkins,VLCT Board of Directors
i'►� I
RE: Voting Delegates at the VLCT Annual Business Meeting
VERMONT LEAGUE
CmEs&TowNs
89 Main Street,Suite 4 Aspart of TOWN FAIR theg
Montpelier,Vermont Vermont League of Cities and Towns will
05602-2948 hold its annual business meeting at the Killington Grand Hotel in the
Northstar I Room starting at 2:30 p.m.,Thursday,October 2,2008.
Tel.: (802)229-9111
Fax: -(802)229-2211 To assure that all VLCT-member cities and towns are properly represented
e-mail: and able to participate in the development of the 2009 Vermont Municipal
info@vlct.org Policy (the Legislative Platform of the Vermont League of Cities and Towns)
and the election of League officers, we are asking you as your municipality's
web: legislative body to designate one official from your town as a VOTING
www.vlct.org
DELEGATE for the meeting. This designation will assure that each town is
heard from and gets only one vote.
Your assistance in informing us of your decision prior to the meeting by
completing and returning the enclosed form will expedite this. However,
designations can be made on the date of TOWN FAIR at the VLCT
Information Booth.
Designated delegates can pick up their credentials card at the VLCT
Information Booth in the registration area at the Snowshed Base Lodge after
they go through the registration line.
ONLY DELEGATES WILL BE ALLOWED TO VOTE AT THE
ANNUAL BUSINESS MEETING!
July 2008
Enclosure
Sponsor ofi
VLCT Health Trust,Inc.
VLCT Municipal Assistance
Center
VLCT Property and Casualty
Intermunicipal Fund,Inc.
VLCT Unemployment
Insurance Trust,Inc.
SERVING AND STRENGTHENING VERMONT LOCAL GOVERNMENTS
Development Review Board Agenda
August 19, 2008
10. Site plan application#SP-08-71 of William&Nancy Seidel to convert the use of a
4432 sq. ft. GFA building from auto service and repair to indoor recreation and tavern
uses,35 San Remo Drive.
11. Sketch plan#SD-08-42 of the South Burlington School District for a planned unit
development for an educational facility complex. The amendment consists of
constructing a 33 foot high accessory structure (broadcast booth), 550 Dorset Street.
12. Design Review Application#DR-08-07 of Patrick Malone seeking design review
approval for the following exterior modifications within the City Center Design
Review District: 1) extending the outdoor display area, 2) adding a temporary storage
area,3) adding bollard parking spots, 4) adding two bike racks,and 5) adding two
seasonal picnic tables, 222 Dorset Street.
13. Site plan application#SP-08-67 of Patrick Malone to amend a previously approved
plan consisting of a 33,733 sq. ft. GFA building with 31,951 sq. ft. (including
mezzanine) of retail food establishment use and 2382 sq. ft. of short-order restaurant
use. The amendment consists of: 1) the addition of extended outdoor display areas, 2)
adding a temporary storage area, 3) adding bollard parking stops, 4) adding two (2)
bike racks, and 5) adding two (2) seasonal picnic tables, 222 Dorset Street.
14. Site plan application#SP-08-68 of HVM Corp, Inc. to amend a previously approved
plan for an 8000 sq. ft. GFA building with 4000 sq. ft. of general office use and 4000
sq. ft. of medical office use. The amendment consists of expanding the parking lot,
150 Kennedy Drive.
15. Final plat application#SD-08-37 of East Mountain View LLC to amend a previously
approved plan for a 24, 400 sq. ft. 2 story medical office building. The amendment
consists of revising the location of a shared water line easement, 1100 Hinesburg Rd.
16. Appeal#AO-08-14 of Century Partners, LP appealing the decision of the
Administrative Officer to deny Certificate of Occupancy#CO-08-26, 2 Market St.
Respe y ubmitted
on J. Belair
Administrative Officer
- 2 -
F
Ntif
southimilington
PLANNING & ZONING
SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD
AGENDA
Tuesday, August 19, 2008 Regular Meeting 7:30pm
City Hall Conference Room, 575 Dorset Street
1. Other Business/Announcements.
2. Minutes of July 15, 2008 and August 5, 2008.
3. Preliminary plat application#SD-08-39 of Pizzagalli Properties,LLC for a planned
unit development to subdivide a 14.54 acre parcel into three (3) lots of 5.73 acres (lot
#6), 7.8 acres (lot#7), and 1.01 acres (lot#8), 47 Tilley Drive.
4. Final plat application#SD-08-40 of Pizzagalli Properties, LLC to amend a previously
approved planned unit development consisting of 54,324 sq. ft. (49,000 sq. ft. usable)
medical office building. The amendment consists of constructing a 1700 sq. ft. single
story addition to house an MRI machine, 192 Tilley Drive.
5. Sketch plan application#SD-08-38 of Shepard Brogna Gardner Essex,LLC for a
planed unit development consisting of: 1) subdividing a 3.5 acre parcel developed
with a cemetery into two (2)lots of 2.03 acres (lot#1) and 1.47 acres (lot#2), and 2)
developing lot#1 with seven (7) dwelling units in three (3) buildings, 200 Patchen
Road.
6. Sketch plan application#SD-08-41 of Marie Dubois to subdivide a 4.9 acre parcel into
two lots of 4.11 acres and 0.48 acres and add the 0.48 acre parcel to the adjoining 5.30
acre parcel to create a 5.78 acre parcel, 1405 Hinesburg Road.
7. Continued final plat application#SD-08-34 of Dorset Street Associates LLC & G&A
Associates, LLC, to amend a planned unit development consisting of 149 residential
units. The amendment consists of: 1) adding 30 acres to the project area, 2)
constructing 79 single family dwellings, and 3) constructing 30 multi-family dwelling
units, 1530 Dorset Street.
8. Design Review Application#DR-08-09 of South Burlington Realty Co. seeking to
obtain a new master signage permit for the property in the Dorset Street/City Center
Design District. The master signage permit would establish the design scheme for the
freestanding and wall signs on the property, 60 San Remo Drive.
9. Design Review Application#DR-08-08 of William& Nancy Seidel seeking design
review approval to convert the use of a 4432 sq. ft. GFA building from auto service
and repair to indoor recreation and tavern uses, within the City Center Design Review
District,35 San Remo Drive.
Memorandum
EXECUTIVE SESSION
August 14, 2008
To: Chair and City Council
From: Chuck Hafter, City Manager
Re: Consider entering Executive Session to discuss real property acquisition
b
The council will discuss the two property acquisitions currently in process: Pi ,
1. Leduc Farm: Mark Boucher will bring you up-to-date on these discussions. 1()
2. Marceau Homestead: Chris Smith will bring you up-to-date on these discussions.
I understand that an agreement on the price has been reached based on the
Council's offer of$885,000 from the last meeting. I have included several aerial
maps of the property for further information. I have also included a preliminary
estimate of the costs to get development activities on the site for recreation use as
requested by Council.
The Open Space Fund currently has a balance of$278,285 and will have a
balance of approximately $563,000 at the end of this fiscal year in June 2009.
It is growing by $265,000 (plus interest) each year. Recreation Impact Fees are
approximately $132,000.
o?)
Ldi
--- e On
pviivri4 ())n
Short-Term Plan would provide access road,parking, and two field spaces as noted above, ready for game play.
A Master Plan for the area would be critical, and might consider additional playing fields to include a Babe Ruth Baseball
field and other dedicated and multi-use fields, open field space for larger events, tot playground, large picnic pavilion which
could be rented out for family gatherings, recreation path connections, scenic overlook from highest ridge of property,
bathroom facilities, maintenance storage building, and court spaces for basketball and/or tennis, bocce, and volleyball.
MARCEAU PROPERTY
Option A-Entrance from Cider Mill II Project
Gravel entry road and parking, surface drainage $ 55,000
(1)Multi-purpose regulation playing field $ 90,000
(1) Little League regulation field $129,000
Sub-Total $274,000
Engineering $ 25,000
Project Contingency- 15% $ 41,100
Permitting-Act 250- 10% $ 27,400
Sub-Total $ 93,500
Total Proposed Project-Option A $367,500
Option B-Entrance from Hinesburg Road
This would include cost of parking lot and extended access road $160,980
Field costs remain unchanged $219,000
Sub-Total $379,980
Engineering $ 25,000
Project Contingency- 15% $ 56,997
Permitting- 10% $ 37,998
Sub-Total $119,995Y1) / (PP)
ITotal Proposed Project-Option B $499,975 Kis) 0
Marceau Farms
le
, ,......„
i,' 1.
1
, VAN SICKLEN RD
.
,.
f
t.}'
/ i ( •:
till
2 ^H
Go- ial z
rn
,03
G
4 1t A
, kyyt[x 3d /3
SRAESURN ST
O 4
3 °t
rq
TP
tea.,r i
t4{
d
o14
s. HIDDENM �
N Feet
0 200 400 600 800 1,000 Tax parcel boundaries are approximate.
Elr Wetlands--S. Burlington delineation
No EmuTax parcels South Ber ne ton o
"' tou BurIIn t es 5
0 0.05 0.1 0.15 0.2 0.25 ,,, c,
Miles SBPWGISTech>C:\GISData\Projects\marceaufarms.mxd
•
-- SurroundingAreaMarceau Farms
, ,,,,, • .
. .
,,. , .••• . ,
•
, ; ., . , .
, ,,,, .
•
, •‘• ,, . .
. , .,, , .
„. , . .. _ ; ,,
, , „
, ; , . . . . ,, .
•
, , , _ ,
: , , -..• , .
..p...„ ... . ..., ....... , , .
__
. . . ., ,
Ili
zri ,
_ per; ^s-
E . s
- �'.
t .
i
1 " r6+c+`M*rw.nFEnw w.. r we.wrswe.Casz rrM.' . 1 itl",;f-
e
3.
I Y
•
,
>,
4. > 1
ll.
parcels
w
w
t m ,
ill I
•
11
1.
Oit
Tax parcels South Burlington Accuracy of the information presented is determined
city boundary by its sources.
Wetlands—S. Burlington delineation Errors and omissions may exist.
Perennial streams
Wetlands—VT State InventoryQuestions of on-the-ground location should be resolved
Intermittent streams by site inspections and/or survey by a licensed surveyor.
Wetlands—US National Inventory Artificial flow line
uil ?, ;'�
411)
Stormwater(Sernces G�w>og�
0 250 500 750 1,000 ' 0 0.05 0.1 0.15 0.2 0.25 eUc
Feet Miles
SBPWGISTech>C:\GISSData\Projects\marceaufarmsoverview.mxd
Proposed Project Structure Outline
Leduc Farm Protection
8/18/08
This document is to outline a range of proposed partnership and project structures to be
conceptually approved by both the Town of Shelburne,the City of South Burlington and VHCB
so that the Vermont Land Trust can move to a purchase and sale contract on the LeDuc Farm. It
needs to be stressed that this is not an approval of the final structure, but rather an approval of
some sidebars from which VLT can work to close a final structure with the Leducs.
Resource Values
• 143.6 acre farm— 84.6 in S. Burlington
• 96 tillable acres, 18 acres of prime soil
• Abuts Shelburne Pond Natural Area and conserved Maille farm in Shelburne
• Abuts conserved Scott property owned by S. Burlington
• Provides wildlife corridor, visual integrity in this open landscape, will allow construction
of public trail linking the open space in the two towns
• Appraised total value $1,955,000—includes 101 TDRs appraised at $1,420,000 to
$1,495,000
Project Finances
• $1,955,000 capital costs
• $6,000 easement monitoring endowment
• Associated project costs for acquisition and reselling, including staff costs unknown but
estimated at $60,000 - $70,000
• All of the non-capital costs will be raised by VLT through a mix of standard VHCB grant
associated costs, reselling costs will be part of the selling price, and local private
donations through fundraising.
Projected Capital Income
VHCB $400 1 1
S. Burlington Conservation Fund 5004,000?
Shelburne Conservation Fund 250,000
Sale of Property for Ag use 250,000
Total income $1,400,000
Capital Funding Gap $555,000
(appraised value—total income)
• We know Leducs have verbal commitments for all the TDRs but they will not generate
cash in the deal for 2+years probably after permits complete
• We've learned that Shelburne does not want to invest in TDRs but will commit$250,000
to the project generally rather than specifically allocated to Shelburne land. That
allocation would still be ideal, but they gave us flexibility to match sources of money to
their best use for completing the entire project. Shelburne will not invest in TDRs in
another town.
• The value of the two S. Burlington parcels as two large residential lots purchased by one
person planning to resell a lot was $545,000. This leaves a theoretical residual value of
TDRs of$950,000.
• We have not tested the Leducs interest in providing "seller financing"by owning some of
the TDRs past closing on the rest of the farm. However it may be the only way for them
to realize long term a high price for the farm than the current appraised value so it might
be attractive as long as there was substantial cash at closing also involved.
Bottom Line
• Need to know amount S. Burlington would leave in the project as a grant.
• Need to know if that would increase if it was to purchase and own TDRs, and if so what
is the maximum.
• Can it be a mix of grant and ownership?
• The final deal structure will be approved by all parties before anyone is obligated, but the
expectation is that if the structure is within the articulated sidebars without undue risk
that the approval should reasonably predictable.
1 7
1S-- 3 --
Appraisal Analysis
Acres Value per Acre / /��
South Burlington Value 84.5 1,495,000 17,692 6�
Shelburne Value 46.6 460,000 9,871
Total Value 131.1 1,955,000 14,912 D
AA. \ 3/6 1, ,,,--O
Acreage Contribution ------ 6 v
(0°1 ►
Shelburne 46.6 270,000 err 1
Price Per Acre 5,794 151
South Burlington 84.5 489,592 IA
per Acre
Total Shelburne So Burlington
Total Sources
VLT 400,000 3,051
Sale of Property for Ag Use 200,000 1,526
South Burlington Contribution 489,592 3,734 5,794
Shelburne Contribution 270,000 2,059 5,794
Total 1,359,592 10,371 , 12)
Additional Funds Necessary 595,408 f
Available Asset 101 Transferable Development Rights
5,872 per Development Right
CITY OF SOUTH BURLINGTON
ENTERTAINMENT LICENSE APPLICATION
ape of Ap lication
❑ Annual Permit
Special Event Permit
Date of Application: GP oe
Name of Establishment:
Address of Establishment: /�
5-Gc ?r,r/
Name and Address of Owner:
Name and Address of Operator:
- 1
Complete Description of Show:
�.,, ate �.., S'��
Date(s) of Show and Hour(s) of Operator:
Date s SP
Hour s
Security Provisions :
Reell Yle
As applicant, i have read and understand the provision of the
South Burlington Ordinance Regarding Licensure of Regulation of
Circuses, Carnivals and Other Shows . I that
the specific type of entertainment appliedso forninrthisdlicenseni
permitted and that additional types is
ert inment will require
an additional application.
Sign
South Burlington City Council Action::_
1 . Verification of license fee:
(See Section 6 of Ordinance) City Manager
2 . Verication of approval standards:
(See Section 4 of Ordinance) Council Chair
3 . Application of License has been approved/disapproved by
South Burlington City Council on , q>C�_•
4 . Special Conditions attached to License (See Section 5 of
Ordinance) .
v e • `..
South Burlington City Council Chair
Date
Appraisal Analysis
Acres Value per Acre
South Burlington Value 84.5 1,495,000 17,692
Shelburne Value 46.6 460,000 9,871
Total Value 131.1 1,955,000 14,912
Acreage Contribution
Shelburne 46.6 270,000
Price Per Acre 5,794
South Burlington 84.5 489,592
per Acre
Total Shelburne So Burlington
Total Sources
VLT 400,000 3,051
Sale of Property for Ag Use 200,000 1,526
South Burlington Contribution 489,592 3,734 5,794
Shelburne Contribution 270,000 2,059 5,794
Total 1,359,592 10,371
Additional Funds Necessary 595,408
Available Asset 101 Transferable Development Rights
5,872 per Development Right
411111111111*"1:1114::
8. City of South Burlington
; 575 DORSET STREET
�Ll , SOUTH BURLINGTON VERMONT 05403
TEL. (802) 846-4107
_— e`aFAX (802) 846-4101
`'B 4� CITY MANAGER
CHARLES E. HAFTER
August 13, 2008
Chair and City Council
South Burlington, VT 05403
Re: Continued consideration regarding chain-link fence on Kennedy Drive at Winding
Brook
To All Members:
Attached is further communications from Ms. Lorraine P. Berkett, Ph.D., regarding her
request to have the City improve the chain-link fence installed around the storm water
retention pond on Kennedy Drive adjacent to the Winding Brook Condominiums.
At the last meeting, the Council informally agreed to have the City install arborvitaes
around the fence to minimize the aesthetic impacts. The cost of the improvement was
estimated at $2600 dollars. As an alternative, the Council offered Ms. Berkett the
opportunity to meet with her Condominium Association to see if they desired a different
solution, to which the City would contribute $2600 in lieu of planting the landscaping.
Ms. Berkett has proposed another option as described in her letter. I have asked Bruce
Hoar to cost out her proposal and his memorandum is attached. The estimated cost is
$6650 to $8000.
Sincerely,
LLt- WI�
Chuck Hafter
City Manager
Date: August 8, 2008
To: Chuck Hafter, Chris Smith, Sandra Dooley, Stephen Magowan, Mark
Boucher, Meaghan Emery
Re: A "Compromise Option" Regarding the City's Industrial,
Chain-Link Fence at the Main Residential Entrance to the Winding Brook
Community
From: Lorraine P. Berkett, Ph.D., 8 Winding Brook Drive
Thank you for allowing me to submit to you at the last City Council Meeting on July 21,
2008, a letter from the Board of the Winding Brook (WB) Homeowners' Association to
the City Council of South Burlington and a petition signed by WB residents requesting
the immediate replacement of the City's industrial fence at the main entrance of the
Winding Brook residential community.
Since there was no vote by the Council endorsing the option of planting 6-8 ft Arborvitae
around the fence put forth by City Manager Hafter, I assume the Council is still
considering the most appropriate action given that the Arborvitae option would not
address the central issue which is that the industrial, chain-link fence, which is the same
type of fence used around the sewage treatment facility at the Chittenden Solid Waste
Depot on Airport Parkway, is not appropriate for the main residential entrance of a
community of eighty-four homes. As cited at the Council meeting, there is precedent in
high visual impact areas in the City, both on private and public land, to use a different
type of fence (e.g., approx. 192 linear feet of fence was constructed at the Marcotte
School on Williston Road and the security fence recently constructed at the storm water
pond at the Chittenden Correctional Facility on Farrell). Every time one of the
proposed arborvitae gets sick or dies, the issue of the fence will continue to emerge.
Given the WB Homeowners have already contributed over $6,000 to the City for storm
water pond issues and most likely will not be willing to give the City more money to
construct an appropriate fence on City land to rectify a mistake made by the City, there
is interest on the WB Board for the following potential "Compromise Option":
Compromise Option: The City would (1) replace 15 panels ( -150 linear ft) along
Kennedy Drive with the same security fence used at the Marcotte School; (2)
completely remove the gate and remaining fence along Winding Brook Drive (a private
road); and (3) plant a few evergreen trees (-5-6 trees) at the edge along Winding
Brook Drive.
The above compromise option would resolve the main issue of the existence of the
industrial fence for good. It tremendously cuts the City's cost of replacing the whole
fence. It addresses the safety issue along the bike path that was stated at the Council
Meeting of July 21 as the reason for the fence. [Note: With a few evergreen trees
planted along Winding Brook Dr. (a private road), there would not be a safety issue in
that the area would be similar to the other side of the WB road where the Potash Brook
comes out from under it.] Furthermore, there is precedent for having a storm water
pond not totally surrounded by a fence, i.e., the storm water pond just down the street,
on Kennedy Drive, west of the Manor Woods Condominiums.
Please let me know if the Council is willing to support this compromise by August 13
and I will bring it to the WB Board at their next meeting on August 14 so that a
resolution can be finalized at the next City Council meeting
Thank you for your efforts in maintaining the high standards of the City's residential
areas.
In Page l of l
Subject: Fence
From: "Bruce Hoar" <bhoar@sburl.com>
To: "Chuck Halter" <chafter@sburl.com>
Chuck,
Here are numbers for the fence: $21 to$30/ft @ 150'=$3150 or$4500 not installed. Installed would probably be
another$1500 for labor. Also in the letter we are ask to remove fence along a private road. The fence may face
a private road but it is on city property and I would not recommend removing the fence around the area. The cost
for the trees would remain around the same number of$2000. So the total for her proposed compromise could
be$6650 on the low side and $8000 on the high side. Just a question haven't we already offered a compromise?
Bruce K. Hoar
Director
South Burlington Public Works
575 Dorset Street
South Burlington,VT 05403
802-658-7961
bhoar@sburl.com
No virus found in this incoming message.
Checked by AVG - http://www.avg.com
Version: 8. 0.138 / Virus Database: 270.6.1/1608 - Release Date: 8/12/2008 4:59 PM
Printed for Charles Hafter<chafter@sburl.com> 8/13/2008
LED Mid-Block Crosswalk
Grant
Grant through the Transportation
Enhancement Program
What is the Transportation Enhancement Grant?
• The grant offers communities • There are twelve different
opportunities to expand activities that can be funded
transportation choices. under the program.
• Activities include safe • They range from Facilities and
pedestrian and bicycle facilities Historic Preservation to Scenic
• Eligible applicants include Easements and activities for
municipalities,state agencies, Pedestrians and Rehabilitation
not-for-profit organizations and of Historic Transportation
federal agencies. Building or Facilities
• Activities that can be funded • The grant does require a
include funds for planning, match from the community and
preliminary engineering, we will talk about that latter.
property acquisition,
construction and safety
activities for Pedestrians.
Grant for LED Mid-Block Crossing Enhancements
• What are Mid-Block Crossing? • How many Mid-Block Crossing in
Mid-Block crossing are crossing the City?
that are not controlled by any There are 29 Mid-Block Crossing
other means of traffic control in the city.
devices other then Pedestrian Airport Drive 3
Crosswalk Signs.Traffic signals at White Street 1
intersections or intersections that Airport Parkway I
are Stop sign controlled are Patchen Road 1
examples of protected crossings. spear street
Dorset Street 5
• Farrell Street s
East Terrace 2
Swift Street 1
1 + Harbor Yew Rd. 1
Brand Farm Drive 1
Deer field Dr. 1
e..mwvT,.nraa,.i
1
Examples of Mid-Block Crossing in South Burlington
_.::x
444.0,
.11ot Street
VeTle Arcot Da. PAil•ne
Examples of Mid-Block Crossing in South Burlington
Owri a ra.e. Faro!!ShM
c •
1
Spar i o.wraie Spar Slow
Methods employed already to enhance existing Mid-Block Crossings
Painted Raised Crosswalks Yellow Green High Intensity Sign
with post insert
2
Methods employed already to enhance existing Mid-Block Crossings
Bulb Outs State Signage
•
Why LED Mid-Block Crossing?
• LED Mid-Block Crosswalk • St.Petersburg has around 13
Signage and Lighting is a fairly of these type of crosswalks in
new concept. place.
• The idea is to have some type of • Other areas that have a few of
lighting that will make the these are Washington D.C.
crosswalk more obvious to the
traveling public. Cambridge,Massachusetts is
• The two areas of the country that in the process of installing at
have the most of these types of one.
crosswalks are Boulder Colorado • The following are results from
and St.Petersburg Florida. Boulder for some of the
• Boulder has been using this intersections where this
treatment for over 10 years.They treatment was installed.
have over 30 crosswalks in place
and has been a leader in this
technology.
Table of Results from Boulder,Colorado
Table A:Compliance Results-Pedestrian actuated flashing signs
1 Vahkle Whale Yield Ytld
year VOkaua t3 Melt CO9%oa11ae.Cdrnalapo Patent
Looa008 f aab6•a 7 awls)) ta25% J ulerasou
P N tnao1.'Str . 00/01 19000 L. 70 , ta% met .f10
L 7.
oarygi n 11 a ten 0i/01 I 39.000 ' 530 ' 15% 71% *340%
&oewRY6PkMera OINI 39.000 l 530 fa% 71% .310Y
re1SOy
11/01
&oedae51 lCSpee1 01r02 j 13.000 j 00 0% 78% !MOM,
Peed wad daa•`Shmt O1N2 1 19,000 i 10 0% yt I yty0fe
07w
Wf/03
robots dWaken 0510I 23,000 }... Iro 11% 54e. I 4390%:
,.a en yi:Nawod 09iO3 17000 50 a% 90%... l.900%..,
_pprmn a t.CenterSent 0fi05 2a,t100 t 10 1% 55% I IMo%
_Cy_yvn a'19,S5/0 021M 1 24 000 00 ..._10% 55% ,f N50%
&oaenayu I Veel /0 I a3,000 tm 42% o7'tt •BOX....j
Canyon&tog Street 02/05 19000 i No Data ! No Data No Oats I No
Many d the daly traffic volumes have been estimated from peak-hour tumklg
movement counts and should be considered approximations.
•Data collection has not yet occurred.
3
Type of LED Crosswalk Equipment applying for
• There are at least three • Under this grant we are
different manufactures of this applying for signs that are
type of solar powered push button activated so they
equipment. are only active while there is
• However the only real someone at the crosswalk.
difference is between a sign • Following are examples of the
that has a constant flash or is two types of signs that are
push button activated. push button activated.
• Boulders experience is that
the traveling public becomes
complacent with constant flash
signs much the same way as
with static signs.
What Mid-Block Crossing would get LED Signage?
• Under this Grant we are applying • It is clear that this type of
to install Mid-Block LED signage will make a Mid-Block
enhancements at all of our Crosswalks safer for all who
crossings. use them.
• Why install at all crossings?
The Manual for Traffic Control
Devices does have a section for
Pedestrian crossing.The
warrants have the criteria for
when Traffic Control Signals
should be instated.Traffic
Control signals are just that,tights
that are at intersections.The LED
lights are the color of warning
lights.Warning lights are already
in use in some locations.
•
F x
P
)
•
as
LED Rapid Flash Style
4
",,,
\/ 1::,-,;,:',,,, '1:;4:::::,,,,.„.,,,,,./
. ''' ''„ ',,,,,' ,
\ ,,/
LED Bordered Sign
fCrosples o w LafcExam LEDSiCkaawkW.ssm—Evknance dSigns
t
rn rr..w aa.w..�
L
h
1 Fn Sion Gros
8 bvarctd Warnim sntem Lavoui
5
Amount of Grant
• Equipment for 29 crossing • Total Request of Grant
26 @$6240=$162,240 $236,117
3(§$11330=$33,990 • City Match at 20%
Misc.Materials=$3922 $47223
Labor and equipment for • 10%cash as per grant
installation=$15,950 requirement=$23,611
Contingency=$20,015
• 10%labor and equipment
Summary
• This Grant is for the improvement of all residents of the city. But it is
not just the residents that will benefit. All the visitors that come to
the city will also. Making walking and biking safer and more
enjoyable in the city hopefully will encourage more people to use
walking and biking as alternative mode of transportation. It has
been proved that LED Crosswalk sign significantly increase the
safety at these locations and enhance the walk/bike commute.
6
�l�M BULIMryp",rfq
City of South Burlington
/f +%i, �II;1 575 DORSET STREET
[�`(;��is 4.ki`i ,� SOUTH BURLINGTON VERMONT 05403
TEL. (802) 846-4107
44,1 e°a FAX (802) 846-4101
a•`
48heo Pa11111° CITY MANAGER
"'°"" st 14, 2008
CHARLES E. HAFTER
Chair and City Council
South Burlington, VT 05403
Re: Consideration of approval of Bio-solids Residuals Management Participation
Agreement; Tom Moreau, General Manager, Chittenden Solid Waste District
To All Members:
At the budget workshops last spring, staff informed Council that the contract for the
disposal of bio-solids(sludge)was ending this summer and that the Government of
Quebec did not appear to have any interest in issuing a new license to the landowner to
continue agricultural re-use. The Chittenden Solid Waste District(CSWD)was
developing alternatives for continued disposal and negotiating a contract to that effect.
Attached is the proposed Residuals Management Participation Agreement between the
District and Chittenden County municipalities. It must be approved by City Council to
be implemented for South Burlington's sludge disposal. The cover letter from Mr.
Moreau is a good summary of the Agreement. Given the alternatives available, and the
City's lack of interest in going it alone and establishing our own independent program,
the Agreement appears to be the best available alternative and a good job by the CSWD.
I have made several comments to Tom especially seeking to have the amount of sludge
that can be used for agronomic utilization increased, should that opportunity become
available. I also want to be sure that if our new Airport Plant produces a Class A sludge,
that we can market that product separately. Gene Forbes, our consulting engineer with
Hoyle Tanner is reviewing the document and may have further comments by Monday
night.
The bottom line is that the City could ultimately be facing a worse case scenario of a
13.3%increase in the wet ton rate plus any additional fuel adjustments. Given
permitting, testing and disposal costs in this area, the increase is not out of line.
Please approve the agreement.
Sinc ely
Charles after
City Manage
CHITTENDEN SOLID WASTE DISTRICT
CSWD1021 Redmond Road • Williston,VT 05495-7729
802.872.8100 • Fax:802-878-5787 • Web:www.cswd.net
MEMORANDUM
To: Governing Select Boards, Councils, and Trustees of Member Municipalities with
Biosolids Participation Agreements with CSWD
CC. Town and Village Managers and Wastewater Treatment Superintendants
From: Tom Moreau
• Date: August 6, 2008
Ref: New Residuals Management Participation Agreement
Attached please find a copy of a new proposed Residuals Management Participation Agreement between
CSWD and your municipality. Our proposed agreement closely follows an agreement between CSWD
and New England Organics (also attached)that gives us three (3) options to manage wastewater
treatment plant sludge (aka. biosolids) in Chittenden County:
1. A landfill option for—$81.59 per wet ton (made up of four components, one of which is variable
with fuel cost).
2. An agronomic utilization option for—$66.91 per wet ton plus an annual fee up to $6,500 (made
up of four components, one of which is variable with fuel cost).
3. A compost option in Chateauguay,New York for—$86.49 per wet ton plus the debt service on
$985,000 start-up fee (made up of five components, two of which are variable with fuel cost).
The cost for all three options have a fuel transportation variable that can change monthly according to
the price of diesel fuel. Additionally, certain other costs will go up annually as per a CPI inflator. It is
anticipated most participating member municipalities will choose either option 1- landfill or option 2-
agronomic utilization due to the high cost and commitment for the compost option. A substantial
majority of member municipalities would have to commit to the composting option before it can be
pursued.
This proposed agreement follows 10-year agreements between CSWD and participating member
municipalities and between CSWD and New England Organics that expires on August 31, 2008. The
term of the proposed agreement is 5 years with a cancellation provision anytime with a 2.5 year notice.
This proposed agreement will be extended automatically for another 3 years unless a one-year notice is
implemented.
The total cost for landfill disposal last year under the previous contract was $72.80 per wet ton. Under
this agreement, we will need to additionally pay the VeiinontSolid Waste Franchise Fee at $6.00 per
wet ton for material going to a landfill. The remaining increase from last year to this year is due to the
rising fuel prices and general inflation.
OVER --�
CSWD, on behalf of all the member participating municipalities, will soon issue a Request for Proposals
(RFP) to engineering firms to study and recommend the best alternative to handle the county's biosolids
over the next 10 to 20 years. The member municipalities will be very involved in the evaluation and
selection process over the next few years.
Please let me know if you have any questions or requests for clarifications.
DRAFT—August 6, 2008
• Municipality:
RESIDUALS MANAGEMENT
PARTICIPATION AGREEMENT
This RESIDUALS MANAGEMENT PARTICIPATION AGREEMENT ("Agreement") dated as
of August , 2008, is made by and among the CHITTENDEN SOLID WASTE DISTRICT (the
"District"), and the member municipality of the District the name of which is set forth on the
signature page of this Agreement (individually, a "Participant"; and, together with the other
municipalities entering into similar participation agreements with the District, collectively,
referred to as the"Participants").
WHEREAS, the District and the Participant previously entered in a Residuals Management
Participation Agreement, dated as of June , 1998 (as amended, the "Prior Agreement");
WHEREAS. the District will enter, or has entered into, a new Residuals Management Service
Agreement with New England Waste Services of ME, Inc.. (d/bila New England Organics) and a
wholly owned subsidiary of Casella Waste Systems. Inc. ("New England Organics") for the
management of Residuals from the wastewater treatment plants from the District's member
municipalities (the "New England Organics Contact"); and
WHEREAS, the Participant and the District desire to enter into this Agreement, which shall
supersede the Prior Agreement, to have the District manage the Residuals produced from the
Participant's wastewater treatment Plant(s) as set forth herein.
NOW THEREFORE, in consideration of the mutual obligations undertaken herein, and for other
good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree
as follows:
1. Management of Residuals
1.1. The Participant shall provide to the District all Residuals generated or produced at
all of the Participant's municipal wastewater treatment plant(s) (the "Plant(s)")
and the District shall manage • such Residuals as set forth herein.
1:2. The District shall accept Residuals, subject to the terms of this Agreement, the
New England Organics Contract (Exhibit A to this Agreement), and all applicable
laws, rules, regulations and permits. All Residuals shall meet the standards set
forth in the New England Organics Contract and shall be managed and disposed
of b.- the District pursuant to the New England Organics Contract. In the event
the Residuals do not meet the standard under the -New England Organics Contract
or constitute "Non-Conforming Waste- as specified therein. the District shall not
he responsible for managing such non-conforming Residuals.
1
.
1.3. The District will contract, or subcontract, for the management and disposal of
Residuals. Residuals will be disposed of at a landfill Facility (as defined in the
New England Organics Contract) or managed by Agronomic Utilization, the
Compost Option or other means as provided in the New England Organics
Contract. The District shall use its reasonable business efforts to have all
Residuals that are Acceptable Residuals be beneficially utilized in a cost effective
manner but the District shall not be obligated to provide for beneficial reuse of
any minimum tonnage of Residuals.
1.4. The Participant shall allow the District, and its agents, upon not less than two
days' notice, access to the Plants and all books and records relating to, or
applicable to, the Plants in order to perform this Agreement and the New England
Organics Contract.
1.5. The District may reject Residuals that are Non-Conforming Waste, or that do not
meet the Quality Standard.
1.6. In the event that New England Organics is unable to manage or otherwise provide
for disposal of Residuals under the New England Organics Contract, but the New
England Organics Contract has not othenvise terminated, the District may dispose
of such Residuals at an alternative facility or treatment process on a temporary
basis not to exceed 6 months as may be designated by the District. If an alternate
facility or treatment process is designated by the District, then the applicable Fees
(as detailed in Sections 5, 6 and 7) may be adjusted by the District to fully cover
the costs of such alternative facility or process.
1.7. If an alternate facility or treatment process is designated by the District due to a
termination of the New England Organics Contract, and, as a result, the sum of
the applicable Fees are increased, then the Participant shall have the right to
terminate participation in this Agreement. Any such termination shall be on not
less than thirty (30) days' written notice to the District. Any such termination
shall not affect the Participant's obligations or liabilities to the District arising
prior to the effective date of such termination.
2. Residuals Quality, Testing and Archiving; Changes in Residuals Generated
2.1. Upon the request of the District, the Participant shall provide all information to
the District relative to current and proposed Plant wastewater treatment processes,
including the use or proposed use of chemicals or additives, which might
materially affect the quality of the Residuals. •
2.2. The Participant, at its expense, shall test all Residuals as required by the District,
the New England Organics Contract and.as otherwise required by applicable law,
regulation and permits. The Participant shall provide all test analyses and results
which the Participant obtains. whether or not such tests are required by this
Agreement. to the District within ten (10) days after the Participant's receipt. and
within ten 010) after the District's request, to any third-party which the District
specifies. Upon request, the District shall provide copies of the test analyses and
results received from other Participants to the Participant.
2.3. If the Participant seeks to have the Residuals managed by Agronomic Utilization
or the Compost Option as provided in the New England Organics Contract, the
Participant shall be required to take representative proportional samples of all
Residuals removed for such disposal and all such Residuals shall comply with the
criteria outlined in section 1.1.2 of the New England Organics Contract and the
specific criteria identified in Exhibit D. The Participant shall properly label and
preserve samples until such time that the residual samples are:
a. Tested/Analyzed, and
b. The results are submitted to the District, and
c. The District notifies Participant that the sample may be discarded.
2.4. Upon the District's request, the Participant shall promptly provide a representative
sample of Residuals.
2.5 A Participant must obtain the consent of the District prior to accepting, processing
or dewatering Residuals from (i) another municipality which does not have a
participation agreement with the District or (ii) a private entity. The foregoing
shall not limit the Participant from treating wastewater from commercial and
residential users within the municipality, landfill leachate, or septage, collected
and treated through the Participant's normal wastewater treatment facilities.
2.5.1 As a condition to issuing any required consent, the District may require
test results for all parameters contained in the New England Organics Contract on
both representative historical and current samples of the material proposed for
acceptance. Upon receipt of all test results reasonably required by the District,
the District shall provide either its approval or disapproval within three business
days after receipt of all such required test results. Failure to provide disapproval
within such period shall be deemed to be consent.
2.5.2 The generator of Residuals without a Participation Agreement shall also
be subject to the Residuals Quality, Testing and Archiving requirements as
contained in this Section 2. The Participant shall bear full responsibility for
resulting Residuals quality delivered to the District.
3. Residuals Quality & Quality Standard
3.1. All Residuals to be managed by the District shall meet the Quality Standard. If
the Residuals delivered by or on behalf of a Participant do not meet the Quality
Standard and therefore constitute Non-Conforming Waste, then the District shall
notify the Participant. and the Participant shall have the option. or:
(i) having the District process or dispose of such Residuals. in which case the
Participant shall pay the District for all costs and expenses of processing and
treatment of such Residuals to compensate the District for all costs and expenses
of handling, processing and disposing of such Residuals, or
(ii) rejecting the delivery, in which case the Participant shall be required to
dispose of the rejected Residuals in another manner, subject to all applicable laws •
and regulations. The District may reject the delivery of any Non-Conforming
Waste notwithstanding the prior removal of such Residuals from the Plant(s).
3.2. The District will use its reasonable efforts to identify the particular Plant(s) that
are the source of Non-Conforming Waste and shall promptly notify the
Participants of the source and cause for such Non-Conforming Waste.
3.3 If the Participant discovers that Residuals constitute Non-Conforming Waste, the
Participant shall immediately give the District notice thereof, together with a
description of:
• (a) the Residuals affected, dates of generation, quantity of residuals affected,
method and location of dewatering, dates of shipment,
(b) relevant and material laboratory analyses with sampling and archiving
methods,
(c) any known or suspected cause,
(d) any known or suspected hazards or dangers arising from the
Nonconformity,
(e) the specific known or suspected nonconformity,
(f) suggested handling and disposal, and
(g) corrective action that the Participant is taking or intends to take or cause to
be taken to prevent the generation of such Non-Conforming Waste.
3.4. Any subsequent sampling and analyses costs of Participant's Residuals to verify
results of earlier testing will be at the Participant's expense.
3.5. The cost of any special sampling or analysis of other Residuals blended with the
Participant's Non-Conforming Waste prior to delivery to New England Organics
shall be borne by the Participant delivering the•Non-Conforming Waste to New
England Organics.
3.6. The cost of any special sampling made with the Participant's Non-Conforming
Waste shall be borne by the Participant delivering the Non-Conforming Waste to
New England Organics.
3.7. Any modifications to the definition of the Quality Standard must be agreed upon
b� both parties and shall require an amendment to this Agreement.
•
4. Compost Option
4:1 The New England Organics Contract provides an option for the District to seek to
have Residuals managed through composting. In the event that the District and
Participant elect to pursue the Compost Option set forth in Section 1.1.3 of the
New England Organics Contract, the parties shall in good faith negotiate an
amendment to this Agreement to provide for the fees, terms, and conditions for
- the composting of Residuals in compliance with the New England Organics
Contract and as required by applicable laws, permits and regulations.
5. Processing Fees for Residuals
5.1. The Participants shall pay a Disposal Processing Fee per wet ton for the disposal
and management of Residuals at the Facility as set forth in Section 1.1.1 of the
New England Organics Contract. The Disposal Processing Fee shall be the sum
•
of(1) the per wet ton rate charged the District under the New England Organics
Contract: plus (2) the Transportation Fuel Charge charged the District under the
New England Organics Contract: plus (3) the Vermont State Franchise Tax; plus
(4) the District capital and administrative expense rate. The Disposal Processing
Fee shall be paid for each wet ton of Residuals generated from the Plant(s). The
Transportation Fuel Charge will be calculated monthly as set forth in the New
England Organics Contract. The Districts capital and administrative expense rate
will be set annually by the District Board of Commissioners and may not exceed
I 0% of the per ton rate established under the New England Organics Contract.
The District's capital and administrative expense rate shall be based upon the
District's costs and expenses, including administrative expenses, of managing
biosolids and Residuals for the Participants. The District's initial capital and
administrative expense rate as of July 1, 2008 is $5.26 per ton but may change
during the term of this Agreement. The District shall provide each Participant
with documentation evidencing the determination of the capital and
administrative expenses.
5.2. If a Participant certifies in writing that their Residuals meet all applicable
standards and requirements for Agronomic Utilization, as set forth in section
1.1.2. of the New England Organics Contract, such Residuals are available for
Agronomic Utilization, and New England Organics have secured the necessary
permits, then the Processing Fee will be:
5.2.1. The sum of (1) the New England Organics Contract rate for Agronomic
Utilization; plus (2) the Transportation Fuel Charge charged the District
uncle; the Nea England Oruanics Contract: plus (3) the Agronomic
Utilization Anal\sis & 1 cstinu annual Cap up to S6.500 per year: plus (4)
the District capital and administrative expense rate. for the amount of the
Participants Residuals that are actually sent to agronomic sites under the
New England Organics Contract.
This rate is subject to an aggregate twenty percent (20%) contractual limit
per operating year contained in section 1.1.2 of the New England Organics
Contract. In the event such twenty percent (20%) limit is reached, the
District shall equitably pro rate such rate among all Participants who
certify that the Residuals from their Plant(s) meet Agronomic Utilization
standards.
•
5.3. All Processing Fees shall be due and payable within 20 days of the date of the
District's invoice. The District may alter these fees upon prior written notice to
the Participants provided that the wet ton rate shall not exceed 1115%] of the rate,
per wet ton, due under the New England Organics Contract.
6. Rate Adjustments
6.1. The Participants acknowledge that pursuant to Section 2.4 of the New England
Organics Contract, certain Rate Adjustments (as defined in the New England
Organics Contract) may be made subject to the District's approval. The District
shall provide the Participants written notice of any proposed Rate Adjustment,
together with reasonable justification therefore in order to seek approval of the
proposed Rate Adjustment from the Participants. If a majority (based on average
historic tonnage of Residuals produced at the Plants) of the Participants 'and the
District accept the proposed Rate Adjustment then such Rate Adjustment shall go
into effect and apply to all Participants. The Participants acknowledge that if such
a majority of the Participants rejects a proposed Rate Adjustment. the New
England Organics Contract may terminate in accordance with its terms.
6.2. The District will adjust all Rates hereunder annually (excluding any rates for
transportation or fuel), on the anniversary date of this Agreement, at a rate equal
to the most recent annual percentage increase in the Consumer Price Index for All
Urban Consumers (CPI-U), all items, "Northeast Urban Size B/C —All Items Less
Energy", as published by the United States Department of Labor, Bureau of Labor
Statistics, or a successor index. The Participants shall not have the right to reject
the consumer price index adjustment as set forth in this Section 6.2.
6.3. The Participants further acknowledge that due to the combining of Residuals
from the Plants of some or all of the Participants, it may not be possible or
economically practicable for the District to determine which wastewater treatment
• Plant or Plants are the cause of the increased costs due to Residuals being Non-
Conforming Waste. Accordingly, to the extent, if any, that the Costs are not
covered by the Fees collected under Section 5 of this Agreement, the District shall
calculate each Participant's Pro Rata Share based upon (a) the Participant's total
number of wet tons of Residuals that may be part of such Non-Conforming Waste
divided by (b) the total number of wet tons of Residuals from all Participants that
may constitute such Non-Conforming Waste. The Participants shall be obligated
to pay to the District their Pro Rata Share for all Costs not covered by any
Processing Fee. Such amount shall be due within 60 days after receipt of an
invoice from the District. The obligation of the Participants hereunder shall not
6
limit or impair the member municipalities' responsibilities or obligations under
the Charter.
7. Other Fees
7.1. The Participant shall pay, in addition to any Processing Fee, any Demurrage fees
imposed under the New England Organics Contract to the extent caused by the
Participant relating to collection of Residuals at the Participant's temporary or
permanent dewatering facility(s). Demurrage charges are at the current rate of
$98.04 per hour that New England Organics must wait in excess of 40 minutes to
load trailers at Participant's facilities or depart the Participant's facilities.
7.2. A charge.will be made for the Minimum Load as follows. If in any month the
average load weight is less than 27.63 tons, the Participant shall pay to the
District, as invoiced, a surcharge to be calculated as follows: Surcharge = (actual
number of loads per month - theoretical number of loads per month) X
$287.44/load. [NOTE: The Theoretical Number of Loads = total tons removed
per month ± 27.63 tons (or 23 tons in the case of (Shelburne), which shall be
calculated separately from all other plants)] Notwithstanding the foregoing, the
Participant shall not be responsible for a Minimum Load charge to the extent the
inability to meet a Minimum Load is the result of the District providing a trailer
that is not capable of holding a Minimum Load.
7.3. The Participant shall pay, in addition to any Processing Fee, any additional taxes
levied or imposed on the District for Residuals managed under the New England
Organics Contract. Such taxes shall be equitably apportioned by the District per
wet ton of Residuals from all Plants managed by the District for the Participants.
7.4 In the event (i) the New England Organics Contract is terminated and (ii) the
District has extended the term of this Agreement under Section 9.2 hereof and is
providing alternative disposal or treatment facilities for the Participant's
Residuals, the wet ton rate for Processing Fees for the managing and disposal of
Residuals shall be established by the District and shall be the sum of(1) the actual
wet ton rate for such alternative disposal or treatment facility, plus (2) the
District's capital and administrative expense rate, which rate shall be not more
than 15%o of the total per wet ton rate including fees and taxes paid for the
alternative disposal or treatment or Residuals. The Processing Fee shall be paid
for each wet ton of Residuals generated from the Plant(s). The Processing Fee
shall be due and payable within 20 days of the date of the District's invoice.
8. Regulations; Operation; Books and Records
8.1. The Participant shall assist and cooperate with the District in enforcing the
District's regulations and rules concerning Residuals. The current rules arc set
forth in Exhibit C. The District may amend Exhibit C with the prior appro'
the Participants. such approval to not be unreasonably withheld or dela\ed.
8.2 The District will be responsible for the enforcement of District adopted
ordinances and regulations. The Participant shall also assist and cooperate with
the District in compliance with the terms of the New England Organics Contract
and any and all permits, licenses and approvals for performance of the New
England Organics Contract.
8.3 The District and the Participant shall keep adequate books, records and other
documentation consistent with applicable regulatory requirements and in
accordance with generally accepted accounting practices, pertaining to
performance of the services required by this Agreement, including, without
limitation, correspondence, instructions, plans, receipts, vouchers, sampling
methods, analytical results and other memoranda.
9. Term
9.1. The term of this Agreement (the "Tend") shall commence on the date of this
Agreement and shall continue in effect until the expiration or termination of the
New England Organics Contract, subject to Section 9.2 below.
9.2 In the event the New England Organics Contract is terminated, the District may,
upon notice to the Participant, extend the term of this Agreement for such period
of time that the District has secured alternative disposal or treatment facilities for
Residuals. In the event the District so extends the term of this Agreement, the
Participant shall have the option, upon not less than thirty (30) days' written
notice to the District, to terminate its participation under this Agreement. Any
such termination shall not affect the Participant's obligations or liabilities to the
District arising prior to the effective date of such termination.
9.3. The Participant is obligated to use its good faith efforts to have all Residuals
generated at the Plant(s)meet the Quality Standard. In the event that, despite such
good faith efforts, the Residuals generated from the Plant(s) fail to meet the
Quality Standard, and after blending with Residuals from the Plants of other
Participants, is still Non-Confonning Waste when delivered to New England
Organics under the New England Organics Contract, the Participant does not
correct such failure within six months, either the District or the Participant may,
upon written notice, remove the Plant or Plants(s) as the case may be from
participation under this Agreement. Upon such removal, neither the District nor
the Participant shall thereafter have any further obligation with respect to
Residuals generated from such Plant (or Plants, as the case may be). Any such
removal shall not affect any liability or obligation of the Participant arising prior
•
to such removal. In the event the Participant is removed from participation under
this Agreement, it shall reimburse the District for its share of capital expenses
incurred prior to the date of termination. Such capital expenses, and the
Participants share. shall be deterrui cd h`. the District and set forth in a schedule
of capital expenses.
9.4.• Any obligation for the payment of money, under Sections 5, 6, 7, 9, 10, or 14 of
this Agreement shall survive termination of this Agreement and shall remain in
full force and effect until discharged, satisfied, or specifically waived in writing.
10. Default
10.1 If any Participant fails to timely pay any amount due hereunder, or fails to timely
perform any other obligation required hereunder, or seeks relief from creditors
under any bankruptcy or insolvency law, or if any creditor of any Participant files
a petition against such Participant under any bankruptcy or insolvency law, then
such Participant shall be in default under this Agreement and the District shall be
able to pursue all available remedies at law or in equity against such Participant.
Without limiting the foregoing, upon any such default, the District may terminate
the Participant's rights under this Agreement. All such remedies shall be
cumulative. Any defaulting Participant shall be liable to the District for the
District's costs of collection, including but not limited to reasonable attorneys'
fees and any damages for which the District may be found liable under the New
England Organics Contract.
10.2 If any Participant defaults under this Agreement by not delivering all of their
Acceptable Residuals designated in Section 1 of this Agreement, then such
defaulting Participant shall be liable, and the District shall have the right to collect
damages from such defaulting party. Such damages shall include all lost revenues
and Processing Fees and penalties and increased costs that would be due and
payable under the New England Organics Contract. Such damages to be based
upon the losses and damages based upon the difference between the amount of
Residuals to be delivered under this Agreement and the amount actually
delivered. The default fee shall be due within 60 days after receipt of an invoice
from the District. Past due payments shall be assessed a monthly late fee charge
equivalent to 1% of the overdue payment.
11. General
11.1 In connection with the performance of all work and service hereunder, the District
and the Participant agree to comply with all federal, state and local laws and
ordinances and all lawful orders, rules and regulations of any constituted
authority, applicable to their respective obligations hereunder, including but not
limited to, social security and income tax withholding laws, unemployment
compensation laws, environment, safety and health laws. In the performance of
this Agreement, the District and the Participant shall not engage in any conduct or
practice which violates applicable law, order or regulation prohibiting
discrimination against any person by reason of race, religion, national origin, sex,
sexual orientation. age. handicapped condition or veteran's status.
11 .2 The District and the Participant agree to comply with all United States and
Canadian federal_ provincial. state or local laws. rules and regulations applicable
to their respective obligations hereunder or in connection herewith. including. but
not limited to. the applicable requirements of the.federal Solid Waste Disposal •
9
Act ("SWDA"), the Toxic Substances Control Act ("TSCA"), the Comprehensive
Environmental Response, Compensation and Liability Act ("CERCLA"), the
Environmental Protection Agency Rule Part 503, Vermont Department of
Transportation rules, the Occupational Safety and Health Act ("OSHA"), and the
Vermont Occupational Safety and Health Act ("VOSHA"), all as may be
amended from time to time, and regulations promulgated and policies issued
pursuant to SWDA, TSCA, CERCLA and OSHA and VOSHA. The District shall
notify the Participant if it becomes aware of any changes in law that will affect
the Participant's disposal and processing of Residuals under this Agreement.
12. Termination of Prior Agreement
12.1. Upon the effective date of this Agreement, the Prior Agreement shall terminate
and be superseded by this Agreement.
13. Hazardous Waste
13.1. Nothing in this Agreement shall obligate the District to handle any Hazardous
Waste in any manner. If Residuals are determined to be Hazardous Waste after
removal from the Plants and prior to land application,,the District shall suggest
disposal options, but the District shall have no obligation to handle such material,
and, unless otherwise agreed in writing, the Participant shall immediately collect
and handle such material in accordance with all applicable laws, rules and
regulations.
14. Indemnification
14.1. The Participant hereby agrees to indemnify and hold the District hannless from
any and all loss, damages, suits, penalties, costs, liabilities and expenses
(including, but not limited to, reasonable investigation and legal expenses) arising
out of any claim for loss of or damage to property, including the District's
property, and injuries to or death of persons, including the District's employees,
to the extent caused by or resulting from; (i) the Participant's negligence or
willful misconduct; or (ii) the Participant's provision to the District of Non-
Conforming Waste or(iii) any breach of this Agreement by the Participant.
14.2. The District hereby agrees to indemnify and hold the Participant harmless from
any and all loss, damages, suits, penalties, costs, liabilities and expenses
(including, but not limited to, reasonable investigation and legal expenses) arising
out of any claim for loss of or damage to property, including the District's
property. and injuries to or death of persons, including the District's employees.
to the extent caused by or resulting from; (i) the District's negligence or willful
misconduct; or (ii) the District's breach of this Agreement. The foregoing shall
not be construed to he a iluaranty by the District of an oblik._'ations of Ne\\
Eniiland Organics under the Nevv Enuland Organics Contract.
15. Schedule of Exhibits
10
15.1. The following Exhibits are hereby included and incorporated as a part of this
Agreement:
Exhibit A — Residuals Management Agreement (between the District and New
England Organics)
Exhibit B - General Definitions
Exhibit C - Rules and Regulations
Exhibit D— Standards for Residuals for Agronomic Utilization
16. Miscellaneous Provisions
16.1. Notwithstanding anything to the contrary contained in this Agreement, neither
any Participant nor the District shall be liable for any failure or delay in
performance of any obligation, other than an obligation to pay money, under this
Agreement due to the occurrence of Force Majeure.
16.2. This Agreement may not be assigned by either party without the prior written
consent of the other party, except that. without the consent of the Participants. the
District may assign. pledge. or convey its interest hereunder as collateral security
for loans or other financing. This Agreement shall be binding upon and inure to
the benefit of the successors and assigns of the parties.
16.3. This Agreement may be amended only by written agreement duly executed by all
parties.
16.4. If any provision of this Agreement or the application of such provision shall be
determined to be invalid, illegal, or unenforceable, the remaining provisions of
this Agreement shall not be affected by such determination and shall be valid and
enforceable to the fullest extent permitted by law.
16.5. Captions and headings in this Agreement are for ease of reference only and do not
constitute a part of this Agreement. This Agreement and its construction shall be
governed by the laws of the State of Vermont.
16.6. The District and the Participants agree that from and after the date of execution of
this Agreement. each party will, upon the request of any other, execute and
deliver such other documents and instruments as may be reasonably required to
carry out the purpose and intent of this Agreement.
11
IN WITNESS WHEREOF, the District and the Participant have duly executed this Agreement
the day and year first above written.
In the Presence of: CHITTENDEN SOLID
WASTE DISTRICT
By:
Witness Name: Thomas Moreau
Title: General Manager
In the Presence of: PARTICIPANT:
By:
Witness Name:
Title:
EXHIBIT A
COPY OF NEW ENGLAND ORGANICS CONTRACT
EXHIBIT B
GENERAL DEFINITIONS
"Agreement" shall mean this Residuals Management Participation Agreement for Member
Municipalities, as the same may be amended or supplemented.
"Agronomic Utilization" shall have the meaning given in the New England Organics Contract.
"Charter" means the District's Charter, as enacted by the Vermont Legislature (Municipal Act
17, Acts of 1991), as amended.
"District" shall mean the Chittenden Solid Waste District, and its successors and assigns.
"Compost Option" shall have the meaning given in the New England Organics Contract.
"Cost" or "Costs" shall mean all expected and actual costs and expenses to be incurred by the
District in connection with the construction, planning, permitting, operation, and maintenance,
and performance of the New England Organics Contract.
"Fees" shall mean the sum of the Processing Fee as detailed in Section 5 of this Agreement.
"Force Majeure" shall have the meaning given in the New England Organics Contract.
"Hazardous Waste" shall have the meaning given in the New England Organics Contract.
"Non-Conforming Waste" shall have the same meaning as provided in Section 3.1 of the New
England Organics Contract.
"Participant" shall .mean any party (either a member municipality or other) which enters into a
Participation Agreement with the District which provides for the management of Residuals by
the District.
"Plant(s)" shall mean the Participant's wastewater treatment plant(s).
"Quality Standard" shall have the same meaning as provided in Section 3.1 of the New England
Organics Contract.
"Residuals" shall mean wastewater biosolids generated from treatment of water, wastewater, or
other wasted liquids at the Plant(s).
,, _ 14
EXHIBIT C
RULES AND REGULATIONS
These Rules and Regulations are subject to change upon approval from the District's Board of
Commissioners:
1) Laboratory Analysis & Testing
a) The Participant is responsible for the cost of all laboratory analysis of Residuals
(including sampling and sample shipment costs).
b) The Participant shall have all the required analyses performed as required by the Plants'
permits, all applicable laws and regulations for the uses contemplated in this Agreement
and those required by the New England Organics Contract.
c) The Participant shall insure the laboratory analyses are sensitive enough to comply with
the values contained in the New England Organics Contract. The Participant and the
District must be able to determine from the analytical results whether a sample meets or
exceeds the limits contained in Exhibit C of the New England Organics Contract.
d) The Participant shall furnish to the District a copy of all analytical results and quality
assurance for residuals managed under this Agreement within 5 business days of receipt
from the laboratory.
e) The Participant will reimburse the District for costs and laboratory analyses, groundwater
monitoring, and other testing required for obtaining and maintaining permits for
Agronomic Utilization up to the Agronomic Utilization Analysis & Testing Annual Cap
as set forth in Section 6 of the New England Organics Contract. Analyses or tests for the
purposes of Residuals management by Agronomic Utilization will not be performed
without the prior written consent of the Participant.
2) Notifications
a) The Participant shall use reasonable efforts to notify the District ninety (90) days in
advance of any change in treatment process at the Plant(s) that could materially affect the
quality of the Residuals.
b) The Participant shall notify the District in writing within 5 business days if the Participant
uses chlorination in the treatment process other than final effluent disinfection or cleaning
of final clarifier weirs.
c) The Participant shall immediately notify the District if they suspect higher than historical
amounts materials entering the Participant's wastewater treatment plant for:
i) any parameters contained in Exhibit C of the New England Organics Contract or
ii) any other potential toxin
• d) The Participant shall notify and receive permission from the District prior to accepting
any Residuals from municipalities or private entities not having a Participation
Agreement with the District.
e) A Participant who is responsible for dewatering Residuals and delivery directly to New
Ent± ndl shell prov idc. to both the District Lind \cvv hngland Organics.
schedule of trill loads anticipated to he removed by New Lngland Organics during_ .�
given week. by Wednesday of the proceeding week.
15
EXHIBIT D
SPECIFIC CRITERIA FOR AGRONOMIC UTILIZATION
[to come—see Exhibit C in New England Organics Contract]
16
RESIDUALS MANAGEMENT SERVICE AGREEMENT
This Agreement is made as of this day of July, 2008, by and between New
England Waste Services of ME, Inc., (d/b/a New England Organics) and a wholly owned
subsidiary of Casella Waste Systems, Inc ("Contractor") with an office at 135 Presumpscot
Street rl. Portland. ME 04103. and Chittenden Solid Waste District, a union municipal
district formed under the laws of the State of Vermont ("Customer") with an office at 1021
Redmond Road, Williston, Vermont 05495.
. RECITALS
WHEREAS, Customer's member municipalities operate the Plants, and, as a residual
by-product thereof such Plants generate approximately 14.500 wet tons per year of Residuals:
and
WHEREAS, the parties desire for Contractor to provide a comprehensive service for
the removal and disposition, and, to the extent provided herein, beneficial reuse, of said
Residuals on the terms and conditions set forth herein.
NOW, THEREFORE, for good and valuable consideration, the undersigned parties
agree as follows:
Each of the capitalized terms used in this Agreement_ unless otherwise expressly defined
in this Agreement. shall have the respective meanings as follows:
Customer: Chittenden Solid Waste District, a Vermont a union municipal district, and its
permitted successors and assigns.
Contractor: New England Waste Services of ME. Inc.. (dib/a New England Organics), and
its permitted successors and assigns.
Plants: The plants referred to in this Agreement are the wastewater treatment plants
that are owned and operated by member municipalities within the Chittenden
Solid Waste District, as follows: Burlington Main, Burlington North,
Burlington East. Essex Junction, Milton, Richmond, South Burlington —
Airport Parkway, South Burlington—Bartletts Bay. Shelburne, and Winooski.
Facility: The facility referred to in this Agreement is the Waste USA Landfill owned by
New England Waste Services of Vermont, Inc.. a wholly owned subsidiary of
Casella Waste Systems. Inc., and located in Coventry, Vermont.
Grasslands
Compost
1 acilit� l oc ompost F`«ility or .GC F mean the composfinL1 i�tcilit�
to c‘nmpost F� �����1id ;Illd ��'��-ned b', the Contractor and located in
Residuals: The materials referenced in this Agreement are wastewater biosolids generated
at the Plants.
Agronomic
Utilization: Agronomic Utilization means the beneficial use of the Residuals as a soil
amendment at farms or other locations, according to applicable laws and
regulations and permits specific to each location.
Sites: Sites are locations where Contractor provides the service of Agronomic
Utilization.
1. SERVICES
1.1. General. Contractor hereby agrees to collect Residuals at the Plants and remove
and transport the Residuals according to a schedule as set forth in Section 1.2 (the
`'Schedule"). Contractor will dispose of Residuals at the Facility, provide Agronomic
Utilization services, compost the Residuals at GCF, or manage the Residuals by other means,
all as described below:
1.1.1 . Disposal. Contractor will dispose of Residuals at the Facility. unless
Contractor manages Residuals by Agronomic Utilization (Article 1.1.2),
provides for disposal through and according to the Compost Option (Article
1.1.3) or by other Utilization Options (Article 1.1.4).
•
1.1.2. Agronomic Utilization. Contractor will use reasonable business efforts to
provide Agronomic Utilization, including farm fertilization and land
reclamation, for up to twenty percent (20%) of the total annual production of
Residuals. Agronomic Utilization is subject to receipt of all required permits
and requires that the Customer facilitate Contractor's Agronomic Utilization by
providing usual and customary support including: (i)providing Contractor with
at least nine (9) months advance notice of intent ("Notice of Intent of
Agronomic Utilization") to certify specific quantities of Residuals from
specific Plants as meeting the USEPA Chapter 40 CFR 503 requirements and
all applicable laws, regulations and permits, (ii) approving of all required
analyses and testing, (iii) providing Contractor timely and complete laboratory
analyses of Residuals as reasonably required for Contractors logistics and
operations and as required by applicable laws. permits and regulations, (iv)
acceptance of a Schedule (including dewatering schedule) that is compatible
with fanning schedules. farmer crop rotations, Site use requirements (including
field storage), and applicable laws, pen-nits and regulations, and' (v)
communication by Customer with regulatory officials and state policy-makers
in support or Contractor's efforts at perminine and implementing_'
tilization. In the ev ent that Customer does not prov ide Residuals for
Agronomic Ltilization. as stated in Customer's Notice of Intent of Acronomic
Utilization such that Contractor is unable to implement Agronomic Utilization
as intended, the "Agronomic Utilization Analysis & Testing Annual Cap" (see
Article 6) will not apply.
1.1.3. Composting Option. Contractor agrees, at the Customer's option and election, .
exercisable as set forth in this Section 1.1.3, to provide composting of the
Residuals by the Contractor (hereinafter the "Compost Option"). If the
Compost Option is exercised by Customer, Customer shall provide a minimum
of twelve thousand (12,000) wet tons of Residuals per year in reasonably
consistent monthly amounts and Contractor will transport the Residuals, and
compost a minimum of twelve thousand (12,000) wet tons of the Residuals at
the Grassland Compost Facility and market and distribute the resulting
compost product, under the following terms and conditions:
1.1.3.1. Exercising Option. Customer may provide to Contractor notice
that Customer is exercising the Compost Option at any time during the
term of this Agreement, provided that after March 1, 2009, Contractor
may accept or deny Customer's notice to exercise the Compost Option
by written notice to Customer given within thirty (30) days of
Contractor's receipt of Customers notice to exercise_ and provided that
the Compost Option will not be deemed to have been exercised unless
so accepted by Contractor.
1.1.3.2. Permitting Confirmation and Construction Upgrade. Prior to
acceptance of Customer's Residuals at the GCF, Contractor must obtain_
and shall use its commercially reasonable efforts to obtain, confirmation
of its plans from the NYDEC and must complete design and upgrade
construction. Upon receipt of the Customer's notice to exercise the
Compost Option, Contractor will proceed to notify the GCF permitting
authority, the New York Department of Conservation ("NYDEC") of
Contractor's intent to implement the GCF expansion pursuant to
existing permits. Upon confirmation from the NYDEC, Contractor will
use reasonable commercial efforts to proceed with design and complete
construction of the upgrade.
• 1.1.3.3. Start-up Fee and Acceptance of Residuals. Contractor will
notify Customer promptly upon confirmation of the GCF expansion and
construction plans from the NYDEC and upon completion of
construction and Contractor's readiness to accept Residuals at GCF.
Customer shall make payment of the Start-Up Fee to Contractor as
follows: (i) 50% of the Start-Up Fee within fifteen (15) days of
Contractor's commencement of construction at GCF. and (ii) 50% of the
Start-t;p Fec A\!thin lltteen ( 15) days of Lontractor s c0lllnlence111cnt cal
acceptance of Residuals for Composting at GCF at the B:rc Rate for
"Composting listed in Article ] .1 .
1.1.3.4. Disposal at the Facility. If Customer exercises the
Compost Option, Contractor may still utilize the Facility for disposal but
only as required in the case of emergencies, when maintenance or repair
restricts acceptance at the GCF, when Residuals would otherwise exceed
daily operating limits, or in the event that Residuals fail to meet the
quality standards contained in applicable regulations, laws, and permits
for acceptance at GCF.
1.1.3.5. Non-Conforming Waste. After start-up of composting
services at GCF, and in the event that any of Customer's Residuals are
properly determined by Contractor to be Non-Conforming Waste,
Customer will be required to pay a fixed cost fee, the `Composting
Fixed Cost Fee for Non-Conforming Waste". to cover Contractor's
fixed costs for every ton of Residuals classified as Non-Conforming
Waste, until such time as Customer's Residuals cease to be Non-
Conforming Waste or until Contractor is able to substitute equal
quantities of another wastewater biosolids, meeting the Quality Standard
and acceptable to Contractor, in place of the Customer's Residuals.
1.1.3.6. Compostint Term/Termination. Notwithstanding any
provisions contained herein, the Term of this Agreement shall be
extended for ten (10) years from the date Customer exercises the
. Compost Option, and may not be terminated pursuant to Articles 7.1 or
7.2 after such date. In the event that Customer chooses to terminate this
Agreement pursuant to Article 7.3 after exercising the Compost Option,
a fixed cost fee, the "Composting Fixed Cost Fee for Termination" will
be applied to all wet tons of Residuals not received by Contractor for
Composting, that would otherwise be produced by the Customer's
Plants (calculated as the difference between the actual number of wet
tons of Residuals delivered in any contract year and twelve thousand
tons) and are not received by Contractor for composting for the duration
of the remainder of the then existing term prior to such termination,
unless and until Contractor or Customer is able to substitute equal
quantities of another wastewater biosolids, meeting the Quality Standard
and acceptable to Contractor, in place of the Customer's Residuals.
1.1.3.7. Start-Up Fee Rebate. In the event that Customer terminates this
Agreement pursuant to Article 7.2 after exercising of the Compost
Option. Customer will be eligible for a rebate of the pro-rated portion of
the Start-Up Fee (hereinafter "Rebate") equal to l it e of the Start-Up
Fee for each year of composting service remaining after such
termination. provided that: (1) The ( or Customer is able to
substitute biosolids in wet tons ecjui\alert to the Residuals for receipt at
GCF as described above. and (i ) payment is made by the generator of
the substituted biosolids in an amount equal to 1/10`h of the Start-Up Fee
for each year, or portion thereof, of composting service remaining after
such termination.
1.1.4. Other Utilization Options. Contractor retains the option, but not the
obligation, to use the Residuals at the Base Rate for "Disposal, Other
Utilization" pursuant to Article 2.1, for purposes and in a manner other than
those specified above. Further, Contractor intends to research and evaluate
alternative recycling and/or beneficial uses for Residuals and will propose to
Customer those utilization options that receive Contractor's favorable
evaluation and meet Contractor's cost structure.
1.2. Residuals Removal Schedule. The Schedule for removal of Residuals shall be
prepared by Customer weekly, based upon the Plants' dewatering schedules and Contractor's
reasonable service capabilities, and approved by the Contractor and mutually agreed each
Wednesday for the following week. Customer will apply good faith efforts to accurately
prepare the Schedule. In the event of an unanticipated change in the Plants' dewatering
schedules, Contractor will use reasonable business efforts to accommodate any Customer
requested Schedule modifications to meet the dewatering schedules of the Plants upon 48
hours notice. Contractor will remove filled containers from the sludge bays at the Plants
pursuant to the Schedule. Unless otherwise mutually agreed. service is provided during
regular business hours 6AM-3PM Monday— Friday_ exclusive of holidays.
1.3. The Containers. Contractor will utilize 40-50 cubic yard capacity dump trailers
provided by and owned by the Customer (hereinafter "Containers"). Throughout the Term of
this Agreement. Contractor will lease (hereinafter "Trailer Lease") the Containers from the
Customer. and Customer will provide under such Trailer Lease an adequate number of
Containers in good, serviceable and safe condition ("Fit for Service") to enable the Contractor
to reasonably perform its responsibilities under the Agreement. In the event that the Customer
does not provide an adequate number of Containers for any reason, or if Containers are not Fit
for Service. the Contractor will lease substitute or additional trailers from another commercial
source or provide Contractor's own trailers for service as required hereunder. Both Contractor
and Customer agree to comply with the terms and conditions of the lease which is attached
hereto as Exhibit B. including any provision regarding repair and maintenance of the
Containers.
1.4. Loading and Minimum Load. Customer will load Containers evenly, to the
level specified by Contractor. All Container loads for all Plants, will be filled to a minimum
of 27.63 tons per load. except Shelburne plant which will be filled to a minimum of 23 tons
per load (collectively, the "Minimum Load"). At the discretion of the Contractor. the
Minimum Load quantities may be reduced to accommodate Contractor's operating
requirements. Customer is responsible for not exceeding the maXimum legal loads as
dtes1 '_natcd H. the .after L oIltraetor reme,.es a loaded Container trom a Plant.
Contractor vvlll position reply:eme 1 Container In the manner and at the location specified
1�'. the C usa mcr. ; hahility o ontalners tram the Customer.
1.5. Regulatory Responsibilities and Approvals. As the manager of the Residuals,
Contractor will provide itemized reports tracking the transportation and disposal or
Agronomic Utilization of all Residuals and Non-Conforming Waste (if any) and other
operations information regarding Contractors services as may be required to enable Customer
to prepare its regulatory reports and respond to.inquiries from regulatory agencies. Copies of
weight slips shall be 'delivered to the plants within 24 hours from the time of Residuals
removal. Contractor will use reasonable business efforts to obtain permits and approvals, as
required to fulfill its responsibilities pursuant to this Agreement, and service under this
Agreement is contingent upon receipt and maintenance of applicable permits and approvals.
Once obtained. Contractor will use reasonable business efforts to maintain such permits and
approvals. Contractor will promptly provide notice to Customer if it is unable to obtain or
maintain applicable permits. Contractor will provide to Customer copies of all permits
relevant to the performance of their obligations hereunder. As the generator of the Residuals.
Customer will provide Contractor with representative samples of the Residuals and
information about the production and/or waste treatment process generating the Residuals,
about the Residuals themselves, and about the Customer's operations, and Customer will
execute permit applications and other certifications, all as may be reasonably necessary in
order for Contractor to manage the Residuals as contemplated herein.
2. PRICER TERMS
2.1. Rates. This Agreement is subject to the following Rates (hereinafter "Rates")
2.1.1. Base Rates.
Disposal, Other Utilization: $64.00/wet ton
Disposal, Other Utilization
Transportation Fuel Charge: Calculated Monthly
[NOTE: Contractor will charge for transportation fuel for transporting Residuals
to the Facility for Disposal, Other Utilization as a separate rate, based upon the
average monthly price for diesel fuel reported in the month immediately prior to
Contractor's monthly billing ("Prior Month Index"), as set forth on the EIA
Retail On Highway Diesel Prices index for New England PADD lA (the
"Index"), which Index is attached hereto as Exhibit "A" and incorporated as a
part hereof. This charge will be calculated as follows: Transportation Fuel
Charge Prior Month Index X number of round trip gallons (fixed at 36
gallons) _ number of tons/load (fixed at 27.63 tons). For example. if the Prior
Month Index were $4.30 per gallon, the calculation would be as follows:
Transportation Fuel Charge = $4.30 X 36 ± 27.63 = $5.60/ton.]
k-)mpostin : S(5.6 \cI ton
Composting
Transportation Fuel Charge: Calculated Monthly
[NOTE: Contractor will charge for transportation fuel to transport Residuals to
the Grasslands Compost Facility for Composting as a separate rate, based upon
the average monthly price for diesel fuel listed in the month immediately prior
to Contractor's monthly billing ("Prior Month Index"), as set forth on the EIA
Retail On Highway Diesel Prices index for New England PADD IA (the
"Index"), which Index is attached hereto as Exhibit "A" and incorporated as a
part hereof. This charge will be calculated as follows: Composting
Transportation Fuel Charge = Prior Month Index X number of round trip
gallons (fixed at 49 gallons) _ number of tons/load (fixed at 27.63 tons). For
example, if the Prior Month Index were $4.30 per gallon, the calculation would
be as follows: Composting Transportation Fuel Charge = $4.30 X 49 ± 27.63 =
$7.63/ton.]
Composting
Operations Fuel Charge Calculated Monthly
[NOTE: Contractor will charge for fuel used in the composting process as a
separate rate, based upon the average monthly price for diesel fuel listed in the
month immediately prior to Contractor's monthly billing ("Prior Month Index").
as set forth on the EIA Retail On Highway Diesel Prices index for New England
PADD 1 A (the "Index"). which Index is attached hereto as Exhibit "A" and
incorporated as a part hereof. This charge will be calculated as follows:
Composting Operations Fuel Charge =Prior Month Index X number of gallons
per ton (fixed at 1.43 gallons). For example, if the Prior Month Index were
$4.30 per gallon, the calculation would be as follows: Composting Operations
Fuel Charge = $4.30 X 1.43 = $6.15/ton.]
Agronomic Utilization: $58.13/wet ton
Agronomic Utilization
Transportation Fuel Charge: Calculated Monthly
[NOTE: Contractor will charge for fuel used in transportation of Residuals to
agronomic Sites as 'a. separate rate, based upon the average monthly price for
diesel fuel listed in the month immediately prior to Contractor's monthly billing
("Prior Month Index"), as set forth on the EIA Retail On Highway Diesel Prices
index for New England PADD lA (the '`Index"), which Index is attached hereto
as Exhibit "A" and incorporated as a part hereof. This charge will be calculated
as follows: Agronomic Utilization Transportation Fuel Charge = Prior Month
Index IN number of round trip ealions (axed a; 2i, LILI1Ions) number of
tons load (fixed at 27.6 tons). For example. if the Prior Month Index \\ere
$4.30 per gallon, the calculation would be as follows: Agronomic Utilization
Transportation'Fuel Charge= $4.30 X 20 ± 27.63 =$3.11/ton.]
2.1.2. Total Solids Surcharge. A surcharge shall apply for all tons received at
GCF which are lower in total solids content than 18%. Percent solids shall be
determined based upon an average of the percent solids of representative
composite samples taken daily by Customer at the Plants, however, at
Contractor's request and expense, percent solids shall be determined by
independent laboratory analysis of such samples. The surcharge shall be at the
rate of$3.30 per percentage point, and shall be calculated to the 1/10`h of a
percentage point. The Total Solids Surcharge will be calculated and billed
monthly.
2.1.3. Fixed Cost Fees •
Composting Fixed Cost Fee for Non-Conforming Waste: 821.00iwet ton
Composting Fixed Cost Fee for Termination: $3.00 wet ton
2.1.4. Start-Up Fee for Composting at GCF: 8985.000
2.1.5. Agronomic Utilization Analysis & Testing Annual Cap: 86.500
2.1.6. Demurrage. Delays greater, than forty (40) minutes in loading or
departure at Customer's Plant(s). when Contractor does not cause such delays.
shall be billed at $98.04 per hour.
2.1.7. Minimum Load. A charge will be made for the Minimum Load as
follows. If in any month the average load weight is less than 27.63 tons, the
Customer shall pay to Contractor, as invoiced, a surcharge to be calculated as
follows: Surcharge = (actual number of loads per month — theoretical number
of loads per month) X $287.44/load. [NOTE: The Theoretical Number of
Loads = total tons removed per month - 27.63 tons (or 23 tons in the case of
(Shelburne), which shall be calculated separately from all other plants)]
2.1.8. Substitute or Additional Trailers. In the event that Contractor leases trailers
from a commercial source or provides its own trailers in order to provide
services hereunder as described in Article 1.3, and the Customer has not
otherwise agreed to provide additional Containers, Contractor will charge the
Customer at a fair and reasonable commercial lease rate quoted and/or invoiced
by an unaffiliated third party in writing plus 15%, provided that Contractor has
fulfilled its Container maintenance obligations pursuant to the Trailer Lease.
2.2. Payment Terms & Credit Approval. (_'antra,trr's pa\meni terms are yet
Thirty (30) days. Customer ailrees to make pa%n c:a at the ortice at C �.�nii:i,toi specified on
the invoice within thirty (30) days after the date of Contractor's invoice and receipt of
Contractor's back-up data. In the event Contractor has not received payment within thirty
(30) days after the date of invoice, Customer will be responsible for paying a late fee on the
unpaid balance. Such late fee shall be assessed monthly, beginning on the date of invoice, at
the maximum rate allowed by applicable law or 18% per year, whichever is less. No late fees
shall be due in the event that the Customer, in good faith, disputes any charge and provides
notice to the Contractor of such disputed charge.
2.3. Inflation. Contractor will adjust all Rates hereunder annually (excluding any rates
for transportation or fuel), on the anniversary date of this Agreement, at a rate equal to the
most recent annual percentage increase in the Consumer Price Index for All Urban Consumers
(CPI-U), all items. "Northeast Urban Size B-C — All Items Less Energy , as published by the
United States Department of Labor. Bureau of Labor Statistics, or a successor index.
2.4. Rate Adjustments.
2.4.1. Allowable Adjustments. Contractor may make the following adjustments
(hereinafter"Rate Adjustments") to partially or fully cover increases in costs of
Contractor's provision of services arising from any of. the following
occurrences (to the extent not resulting from the negligence or willful
misconduct of Contractor or Contractor's violation of any permit, law or
regulation): (i) receipt of Residuals which do not meet the Quality Standard or
any material change in the quality of Residuals, including extraordinary and
atypical odors not commonly associated with Residuals in general or Residuals
previously disposed of by the Contractor on behalf_of the Plants and the
Customer. (ii) material changes in any laws, ordinances, or regulatory .
requirements or guidelines or changes in interpretation or enforcement thereof,
excluding any changes in tax laws related to Contractor's business, (iii)
revocation, suspension, denial or modification of any permit, license or
approval. All such Rate Adjustments in this Article 2.4.1 _are subject to
Customer's approval.
2.4.2. Procedure for Rate Adjustment. Contractor shall provide Customer with
written notice delivered by certified mail of any such Rate Adjustments and the
effective date thereof. together with reasonable justification therefore. If
Custoiner does not reject such Rate Adjustment in writing within thirty (30)
days after Contractor first gives notice of such adjustment to Customer,
Customer will be deemed -to have approved such Rate Adjustment. provided.
however, the notice of such Rate Adjustment shall expressly state that it is
subject to acceptance unless rejected within thirty (30) days). If Customer
rejects such rate adjustment. Contractor shall have the right to terminate this
Agreement upon seven (7) days written notice. provided that Customer shall
not n,r, the l-i, itt ?Ile ons(ime;- nljustnlent described
b� . c. Nor'• Contlacter s notice to se terminate this Agreement.
ustoonler nm' e`:tend this A_reement at the Contractors adjusted rate for up
to six (6) months after Contractor's notice of the Rate Adjustment; provided,
Customer notifies Contractor in writing no more fifteen days (15) after
receiving Contractor's notice of the effective termination date, that Customer
desires to so extend this Agreement. Customer's notice shall state the period of
the extension.
2.5. Measurement. Contractor will weigh all Residuals on a certified scale at the
Contractor's Facility, the Plants or other convenient location [Note: demurrage charges will be
applicable in the event that utilization of such convenient scale causes Contractor delays of
greater than 15 minutes, including diversion from normal route and scaling time, and charges
for scale tickets will be passed through to Customer], and Contractor's weight slips obtained
at such scales shall be the basis for measurement and billing for Residuals managed under this
Agreement. Contractor shall deliver copies of weight slips to the plants within 24 hours from
the time of Residuals removal. Contractor will provide Customer with a scale report or
shipping report with individual scale/shipping records monthly via e-mail, regular mail or
overnight delivery. The scale report includes a complete listing of the data on all the
individual scale/shipping records. Contractor will promptly, within seven (7) days, report to
the customer overweight loads or loads that are greater than 20% below the Minimum Load
delivered to the Facility, as per Article 1.4 of this Agreement. Prior to removing Containers
loaded with Residuals from Customer's Plants, representatives of both Customer and
Contractor must sign a Shipping Record prepared by the Contractor to verify information
about the load contained therein, including the total volume of Residuals in cubic yards. If
certified scales are not available, the signed Shipping Records will be the basis for
measurement and billing for the Residuals managed under this Agreement. Contractor will
use an assumed density of one thousand six hundred (1,600) pounds per cubic yard of
Residuals. unless density is reasonably documented by the Contractor or Customer to differ by
more than five (5)percent.
2.6. Taxes and Fees. All rates herein are exclusive of taxes incurred by the
Contractor to perform this Agreement. Contractor represents that, to Contractor's actual
knowledge, as of this date, there are no such taxes that would be due from the Customer under
this Agreement, except the.Vermont State Franchise Tax.
2.7. Payment from Operating Revenues. Notwithstanding anything in this
Agreement to the contrary, the payment of amounts due the Contractor under Article 2
hereunder are to be paid out of the ordinary annual income and revenues of the Customer.
The Customer shall establish rates and charges to the owners and operators of the Plants
sufficient in time and amount to meet such obligations hereunder and use diligent efforts to
collect such amounts. The Customer represents that it expects to receive sufficient annual
income and revenues from the owners and operators of the Plants so as to be able to meet such
expected payment obligations to the Contractor. No provision of this Agreement shall be
construed or interpreted as creating a general obligation or other indebtedness of the Customer
o� ›uci. 1th111 the meaning of WI\ L1017stltutl0lnL11 OI- .•t11Ul01-V llllllt ltloOO AV hiCll
i i scribes sucl; obligation or indebtedness. Contractor may suspend services hereunder upon
thirty (3l)idays written notice to Customer if Customer fails to reasonably demonstrate within
). rri
•
such thirty (30) day period that Customer has or will have sufficient income and revenues set
forth above to pay amounts that will be due to Contractor for performance of services during
the ensuing six month period. Nothing in this Article shall prevent Contractor from
exercising the rights to teiittinate this Agreement or suspend services for Customer's failure to
pay Contractor as elsewhere provided in this Agreement.
3. RESIDUALS QUALITY & QUALITY STANDARD
3.1. Quality Standard. Customer warrants that the Residuals identified in this
Agreement and supplied to the Contractor are not classified as hazardous waste under United
States Environmental Protection Agency (USEPA) and/or any other applicable laws &
regulations, including but not limited to, state laws and regulations. The Residuals shall meet
the requirements of applicable law, regulation and permits for the uses contemplated in this
Agreement as demonstrated by any methods acceptable to authorities with jurisdiction. •
Customer will provide Residuals that are not frozen and are free, in all material respects, from
any trash or hazardous waste. The Residuals will have no free liquid, will pass the "Paint
Filter Test" as required by Vermont Department of Environmental Conservation for disposal,
and will have a minimum total solids concentration of greater than fifteen percent (15%).
Together, the above provisions of this Section 3.1 and Exhibit C of this contract constitute the
"Quality Standard.- All materials generated at the Plants that fail to meet this Quality
Standard shall be called "Non-Conforming Waste-. Contractor has the right to refuse any
Non-Conforming Waste. Customer shall use reasonable business efforts to generate and
provide to Contractor Residuals that meet the Quality Standard. If required under applicable
law. Customer shall provide Contractor with a Material Safety Data Sheet (MSDS)
referencing the Residuals. and Contractor will assist Customer in preparation of such MSDS.
3.2. Changes in Quality. Customer will use reasonable efforts to notify Contractor ninety
(90) days in advance of any change in treatment process at the Plants that could materially
affect the quality of the Residuals.
4. TITLE
4.1. Title to Residuals shall pass to Contractor when Contractor or its subcontractors
remove Residuals from the Plants. Title to and legal responsibility and liability for Non-
Conforming Waste shall, at all times, remain with Customer.
4.2. In the event that any of the practices or work performed by the Contractor further
governmental and/or non-governmental environmental policy such that offsets. credits, tax
effects and the like (hereinafter '`Environmental Credits") are applicable to, or may result
from, the performance of this Agreement, Contractor retains the right, title and benefit to such
Environmental Credits, and Customer will cooperate with Contractor in providing
documentation as may be reasonably necessary to obtain such Environmental Credits.
5. QUANTITIES
5.1. Customer is not obligated to provide a minimum quantity of Residuals to Contractor;
however, Customer will provide to the Contractor, and Contractor will manage pursuant to
this Agreement, all of the Residuals generated at the Plants (subject to the further provisions
of this Section 5.1 and Section 5.2 below). Notwithstanding the foregoing, Customer shall be
permitted, in sole discretion, to retain up to 150 wet tons of Residuals per year (the "Retained
Residuals") for purposes of development of new treatment and disposal technologies,
including, without limitation, dewatering •techniques and processes, achieving Class A
biosolids designation and other processes that could benefit Customer or the Plants; in
connection with such activities, the parties acknowledge that Customer may engage other
parties to handle, process and/or dispose of the Retained Residuals.
5.2. Contractor shall not be required to remove more than 145 wet tons per operating day.
580 wet tons per calendar week, 1,800 wet tons per calendar month, 17,000 wet tons per
calendar year, five full trailers per day or twenty full trailers per week. To the extent
Contractor refuses to remove any Residuals from the Plants. Customer shall he free to provide
the removal of such Residuals by any other means available.
6. LABORATORY ANALYSES & TESTING
6.1. Customer will pay for all laboratory analysis of Residuals (including sampling and
sample shipment costs) as required by applicable laws and regulations for the uses
contemplated in this Agreement. including those required by the Facility, Agronomic
Utilization. GCF (if the Compost Option is exercised) and Plants permits. Contractor and
Customer will promptly provide to each other all laboratory analyses and information which
they obtain about the Residuals and which is required for regulatory reporting or necessary to
implement their mutual obligations pursuant to this Agreement. Customer will reimburse
Contractor for costs of laboratory analyses, groundwater monitoring, and other testing
required for obtaining and Maintaining permits for Agronomic Utilization up to an annual
dollar limit (the "Agronomic Utilization Analysis & TestingAnnual Cap"). Contractor will
not conduct such analyses or tests for the purposes of Residuals management by Agronomic
Utilization without prior written approval by Customer. Customer will respond promptly to
Contractor's requests for such approval.
7. TERM, TERMINATION & SURVIVAL
7.1. Term & Routine Termination. The Initial Term of this Agreement shall be five
(5) years from the Effective Date, provided that either party may make notice of termination
that may be effective no sooner than two (2) years and six (6) months after such notice. At the
conclusion of the Initial Term, the term shall be automatically extended for additional three •
(3) year terms, unless either party provides written notice of non-extension to the other party
h� personal dell,. e` nress cclt:lled or rc_lstelc,!
least twelve ( 1 2) months prior to the expiration of the Initial Icoo or any subsequent
extension term.
7.2. Possibility of the Right of First Refusal for New Technology. During the term of
this Agreement, the Customer may decide to design, build, own, and operate new technologies
and/or equipment, including but not limited to anaerobic digestion systems, gasification
facility or a composting facility. for the management of its wastewater and/or Residuals (the
"Work"). Customer may elect to design, build and/or operate such equipment or technologies
on its own, or to pay a third party to do so. In the event that the Customer makes such a
decision to conduct the Work, then Customer may: i) provide Contractor with accurate
information regarding Customer's schedule to start-up operations of such new technology
and/or equipment and. ii) if the Customer decides to have the new technologies and systems
operated by a third party, then, at the same time. Customer may offer to Contractor the right of
first refusal to operate according to Customer's terms and;or according to the same pricing,
tern-is and conditions as those offered by a third party and acceptable to the Customer;
provided, however, that the Customer shall not be obligated to enter into any contract with the
Contractor if the Customer determines that (i) the Contractor does not have the experience,
financial capability, or qualifications to operate such new technologies and equipment, or (ii)
that the design and/or operation is proprietary and the facilities can only be operated by those
who have sufficient licenses and rights to use such technology, or (ii) the operation of such
technology is a component of a larger project for managing solid waste and the Customer has
determined to utilize the services of a third party for such project. If Contractor declines to
accept the rights of first refusal described above within ninety (90) days of the offer, then
Customer may terminate this Agreement upon at least two (2) years and six (6) months
written notice. It shall not be considered new technology and Work for purposes of this
Agreement if the Customer merely implements improvements to its existing facilities to
reduce the water content or quantity of Residuals. if such Residuals are managed in the same
manner as of the effective date of this Agreement.
7.3. Termination for Bankruptcy. Either party may terminate this Agreement by
giving written notice to the other party if the other party becomes. insolvent, makes an
assignment for the benefit of creditors, or a bankruptcy petition is filed by or against it (and
not stayed within 90 days).
7.4. Termination for Proposed Rate Adjustment. If Contractor increases the rates
hereunder pursuant to Subsection 2.4, and Customer rejects such rate increase pursuant
thereto. Contractor may terminate this Agreement at any time thereafter effective upon seven
(7) days written notice to Customer. However. if Contractor so terminates this Agreement.
then Customer may extend the Agreement at the increased rate as set forth in Section 2.4.
7.5. Termination for Breach of Agreement. Either party may cancel or terminate this
Agreement ("terminating party") as a result of the other party's failure to substantially perform
its obligations hereunder ("breaching party") provided that such failure continues for more
than thirty (30) days after the terminating party has notified the breaching party thereof in
1'liinn: proA ided. th,:t ''-here suc I.ti Uic dyes not involve paA mcnt of mone\ and
cannon reasonahl'. b curd .V-ithir such thirt_. I 30) period. the ten-mitLaine part\ may not
cancel or terminate ':f the bleachlnc' nail,: cures such tallure within such thirty
(30) day period, or within a mutually agreeable time period thereafter. If any payment
required to be made by Customer hereunder is past due, Contractor, in addition to all other
rights and remedies it may have, may suspend any or all services until all past due amounts are
paid.
7.6. Termination Due to ForceMajeure. Either party may terminate by giving ten (10)
days written notice to the other party claiming Force Majeure if the other party has failed to
substantially perform its obligations hereunder due to Force Majeure for a period of thirty(30)
consecutive days or more.
7.7. Effect of Termination on Payment. No termination of this Agreement shall
have any effect upon Contractor's right to receive payment under this Agreement for services
rendered prior to the effective date of such termination.
7.8. Survival. The provisions of Article (4) Title, Article (8.3) Audits, Article (11)
Indemnification, Article 10.2 Enn•ironmental Impairment Insurance, and Article (12) Non-
circumvention, Confidentiality & Intellectual Property of this Agreement shall survive the
termination of this Agreement without regard for the reason for termination.
8. COMPLIANCE WITH LAW AND RECORDKEEPING
8.1. Compliance. Contractor and Customer agree to comply with all applicable laws and
regulations during the performance of their respective responsibilities under this Agreement.
8.2. Records. Contractor and Customer shall keep adequate books, records and other
documentation consistent with applicable regulatory requirements and in accordance with
generally accepted accounting practices, pertaining to performance of the services required by
this Agreement, including, without limitation, correspondence, instructions, plans, receipts,
vouchers, and other memoranda.
8.3. Audits. Contractor agrees to permit, at all-reasonable times, duly authorized
representatives of Customer to inspect and have access to the books, records and
documentation referenced herein, which directly relate to the performance of this Agreement,
' for the purpose of auditing and verifying the performance of services pursuant to this
Agreement, the charges for such services, and the maintenance of records related to such
services. Such access by Customer's representatives shall include the right to discuss such
documentation with Contractor's personnel having knowledge of their contents and the right
to copy such documentation. Contractor and Customer shall preserve all documentation
pertaining to the services required by this Agreement for a period of three (3) years following
completion of the services rendered by Contractor to Customer to which the documentation
pertains or for any greater period of time required by law.
•
9. FORCE MAJEURE
9.1. Except for the obligation to pay for services rendered, neither party hereto shall be
liable for its failure to perform hereunder, in whole or in part, due to contingencies beyond its
reasonable control, including, but not limited to, strikes, riots, community opposition, war,
fire, acts of God, injunction, compliance with changes in any law, regulation or order of any
governmental body or any instrumentality thereof or with any changes in interpretation or the
manner of enforcement thereof, the revocation, suspension, denial or modification of any
permit, license or approval regarding transportation, processing, treatment, composting, land-
application, handling and/or disposal of Residuals ("Force Majeure"); provided, however, that
any party asserting Force Majeure shall give prompt written notice thereof to the other party
and shall act diligently to resume performance at the earliest practicable time.
•
10. INSURANCE; GUARANTY
10.1. Comprehensive Insurances. Contractor and Customer agree to furnish each other
upon request with certificates attesting to the existence of Worker's Compensation insurance
providing statutory benefits and comprehensive business automobile liability insurance
(including MCS 90 endorsement covering sudden pollution endorsement) and Commercial
General liability insurance_ naming the other party as additional insured and including bodily
injury. property damage. and contractual liability with policy limits of not less than
S 1.000.000 combined single limit. each occurrence. Contractor shall also carry such
insurance as may be required by law. With respect to trailers leased by Customer to
Contractor. Contractors Automobile liability policy will name Customer as additional
insuredloss payee.
10.2. Environmental Impairment Insurance. Contractor also agrees to furnish, upon
request, certificates attesting to the existence of environmental impairment insurance
applicable to bodily injury; property damage, including loss of use of damaged property or of
property that has not been physically injured; cleanup costs; and defense, including costs and
expenses incurred in the investigation, defense, or settlement of claims. The policy of
insurance affording this required coverage shall be written in an amount of at least S1,000,000
per loss with an annual aggregate of at least S2.000,000 and by an insurer reasonably
acceptable to Customer. If coverage of environmental impairment insurance is written on a
claims-made basis, the Contractor warrants that any retroactive date applicable to coverage
under the policy precedes the effective date of this Agreement. and that continuous coverage
will be maintained or an extended discovery period will be exercised for a period of three (3)
years beginning from the time that work under the Agreement is completed. Such obligation
shall survive termination of the Agreement.
10.3. Guaranty. Contractor's parent corporation. Casella Waste Systems. Inc._ has
guaranteed the obligations of Contractor under this Agreement pursuant to separate instrument
of guaraniv
11. INDEMNIFICATION
11.1. Indemnity by Contractor. Contractor will indemnify and hold Customer and its
member municipalities harmless from any and all loss, damages, suits, penalties, costs,
liabilities and expenses (including, but not limited to, reasonable investigation and legal
expenses) arising out of any claim for loss of or damage to property, including Customer's
property, and injuries to or death of persons, including Customer's employees and employees
of. third parties operating the Plants, to the extent caused by or resulting from; (i) the
negligence or willful misconduct of Contractor, its agents, subcontractors or employees; or(ii)
Contractor's breach of this Agreement. This Section 11.1 shall be inapplicable to the extent
that the loss, damages, suits, penalties, costs, liabilities and/or expenses result from the
Customer's provision to Contractor of Nonconforming Waste. In any instance in which
Customer claims indemnity under this Section 11.1. Contractor shall have the right, but not
the duty- to defend Customer in (and control the defense of) any litigation arising out of the
occurrence from which Customer claims that Contractor's indemnity obligation exists.
11.2. Indemnity by Customer. Customer hereby agrees to indemnify and hold
Contractor, and any third party handler, treater, utilization site or disposer. harmless from any
and all loss, damages. suits, penalties, costs, liabilities and expenses (including, but not
limited to, reasonable investigation and legal expenses) arising out of any claim for loss of or
damage to property. including Contractor's property, and injuries to or death of persons.
including Contractor's employees, to the extent caused by or resulting from: (i) Customer's
negligence or willful misconduct; or (ii) Customer's provision to Contractor of
Nonconforming Waste or any other breach of this Agreement by Customer. In any instance in
which Contractor claims indemnity under this Section 1 1.2. Customer shall have the right, but
not the duty, to defend Contractor in (and control the defense of) any litigation arising out of
the occurrence from which Contractor claims that Customer's indemnity obligation exists.
11.3. Special and Consequential Damages. Notwithstanding the provisions of
Section 11.1 and 11.2, neither Customer nor Contractor shall be liable for any special or
consequential damages sustained by the other in connection with their respective performance
or non-performance under this Agreement.
12. NON-CIRCUMVENTION , CONFIDENTIALITY AND INTELLECTUAL
PROPERTY
12.1. Upon termination of this Agreement (except solely due to breach by Contractor or
termination pursuant to Section 7.3. 7.4. 7.5 or 7.6). and provided Contractor is not then in
material breach of its obligations hereunder. Customer agrees that it shall not, directly or
indirectly, induce any manager. operator, lessee, or owner of Used Sites to accept Residuals
from Customer for Agronomic Utilization or other beneficial utilization, for a period of one
(1) year from such termination. "Used Sites" shall mean sites used, or permitted, or for which
applications were submitted which are administratively complete (or equivalent), by
Contractor or its representatives, to receive Residuals under this Agreement for Agronomic
Utilization or other beneficial utilization. The period of time set forth above in this Article
shall be extended for a period equal to the time any litigation instituted by Contractor to
enforce the provisions hereof remains pending. If the provisions of this Article are violated,
in whole or in part, Contractor shall be entitled, without prejudice to any other remedies
Contractor may have at law or in equity. to a temporary restraining order or preliminary
injunction to restrain and enjoin Customer from such violation. In the event that the
provisions of this Article should ever be deemed to exceed the scope of business, time or
geographic Limitations permitted by applicable law, then such provisions shall be and are
hereby reformed to the maximum scope. time or geographic limitations permitted by such
applicable law. •
12.2. During the term of this Agreement. it may be necessary or desirable for the parties to
exchange -Confidential" or propriety information as is required for each to perform its
obligations hereunder, including but not limited to identification of Contractor's customer list.
Each party agrees to use only for the intended purposes and to maintain in confidence any
information designated herein or later in writing as "Confidential" by the other party during the
term of this Agreement, subject to limitations of applicable law and for a period of three years
after termination of this Agreement. The standard of care for protecting such information,
imposed on the party receiving such information, will be that degree of care the receiving party
uses to prevent disclosure, publication or dissemination of its own confidential or proprietary
information. However, obligations of confidentiality shall not apply to any information to the
extent it is (a) in the public domain, (b) learned from a third party not in breach of any
confidentiality obligation. (c) already known without restriction by the party receiving it at the
time of disclosure, or (d)required by court or regulatory order to be disclosed.
12.3. Any and all inventions. improvements, techniques, methods, designs. processes,
procedures and,or works of authorship developed, conceived. conceptualized, produced,
described ormade by Contractor or its employees_ agents or subcontractors in connection with
or related to the performance of Contractor's services under this Agreement (collectively,
"Contractor's Intellectual Property"). whether or not patentable or copyrightable, shall at all
times be and remain the sole and exclusive property of Contractor. and Contractor shall have
and retain all I I_'nis and pm i eees vner::hip therein and thereto. 1neludinu. without
limitation. the I-I",1ts 1i` Elie patent or ii":kternark applications Cl`p%riC_'ht reillstrations. to
license. scL transfer or ci`o' no all of the Conti-actor's s Intellectual Pronem or
any right or interest therein to any other person, firm or entity, and to receive and retain any
and all fees, proceeds or other consideration attributable to any such license, assignment, sale,
transfer or conveyance, provided that, during the Term of this Agreement, Contractor shall
license to Customer all of the Contractor's Intellectual Property on a non-exclusive basis for
use in performance of this Agreement without any additional charge, compensation or
consideration therefor.
13. ASSIGNMENT
13.1. This Agreement is assignable only with the written consent of both parties and shall be
binding upon and inure to the benefit of the parties hereto and their respective successors and
assigns: provided, that such consent shall not be unreasonably withheld, nor required in the
event of(i) assignment to an affiliate or subsidiary of Contractor, so long as the Contractor's
parent corporation. Casella Waste Systems, Inc., continues to guarantee the obligations of
Contractor. or (ii) assignument by Customer solely for the purpose of financing the Plants.
14. NOTICES
14.1. General Notices. Notices of conditions or situations affecting services hereunder
shall be given verbally or in writing or by e-mail (subject to return confirmation of receipt)
between designated operating personnel of Customer and Contractor. All other notices shall
be given in writing to the parties at their respective addresses shown above, either by personal
delivery or certified mail, return receipt requested._ and in the case of Contractor, to the
attention of the General Manager.
14.2. Indemnification. With respect to any claim for indemnification, the party
claiming a right to indemnity shall (i) give written notice thereof within a reasonable period
following, the event or occurrence as to which the right to indemnification is or may be
asserted and (ii) allow the other party(including its employees, agents and counsel) reasonable
access to any of its employees, property and records for the purpose of conducting an
investigation of such claim and for the purpose of obtaining statements, photographs, and
chemical analysis and taking such other steps as may be necessary to preserve evidence of the
occurrence on which the claim is based. If the party claiming a right to indemnity denies the
other party reasonable access as set forth above, the party claiming a right to indemnity shall
assume sole responsibility for the claim for which indemnification is sought and shall not be
entitled to indemnity.
15. GOVERNING LAW
15.1. This Agreement shall be governed and construed by the laws of the State of Vermont.
16. SEVERABILITY
•
16.1. If any of the provisions of this Agreement or any portion thereof, or the application
thereof, to any particular person or circumstance, is held to be invalid by a Court of competent
jurisdiction, or arbitrator, the remainder of this Agreement, including the remainder of any
such provision, and the applications thereof, shall not be adversely affected thereby.
17. INDEPENDENT CONTRACTOR
17.1. Contractor's relationship with Customer under this Agreement shall be that of an
independent contractor. The employees, procedures. equipment and facilities used by the
Contractor shall at all times, be under its exclusive direction and control. Nothing in this
Agreement shall be construed to designate the Contractor, or any of its employees, agents or
subcontractors, as employees, agents, joint ventures or partners of Customer.
18. ENTIRE AGREEMENT
18.1. This Agreement together with the Trailer Lease constitute the entire understanding
between the parties hereto. and cancels and supersedes all prior negotiations, representations,
understandings and agreements, either written or oral. with respect to the subject matter
hereof. No changes, alterations or modifications to this Agreement will be effective unless in
writing and signed by both parties
19. EFFECTIVE DATE
19.1. This Agreement shall become effective as of July 1. 2008 (the "Effective Date"),
provided that the Customer receives the approval of this Agreement from its member
communities that operate Plants. In the event that the Customer does not obtain such approval
by August 31, 2008, either the Customer or the Contractor may, upon notice sent within 10
days of such date, terminate this Agreement or, if agreed to• by the Customer and the
Contractor in writing. may remove from the scope of this Agreement those Plants for which
the Customer has not obtained the approval by such respective member municipality.
•
Executed and agreed as of the day and year last written below.
CONTRACTOR CUSTOMER
NEW ENGLAND WASTE CHITTENDEN SOLID WASTE
SERVICES OF ME,INC., DISTRICT
d/b/a NEW ENGLAND ORGANICS
By: By:
Name: _Brian Oliver Name: Thomas Moreau
Title: _Vice President Title: General Manager
Date: Date:
Exhibit A
The Prior Month Index Price can be located on the internet at:
http://tonto.eia.doe.qov/ooq/info/wohdp/diesel.asp
EXHIBIT B
Trailer Lease
EXHIBIT C
Table of Standards for Disposal Facility, Grasslands Compost Facility and
Agronomic Utilization
•
DRAFT August 5, 2008
EXHIBIT C
SUMMARY REFERENCE TABLES
Table 1 .
Residuals Standards and Requirements
•
Vermont Land
Parameter Application Waste USA Landfill
(mg/kg unless noted)*2
Arsenic 41' N/A
Cadmium 25 N/A
Chromium 1000 N/A
Copper 1000 N/A
Lead 300' N/A
Mercury 10 N/A
Molybdenum 75 N/A
Nickel 200 N:A
Selenium I 100' N.A
Zinc 2500 N/A
VOC NA N A
SVOC N A N/A
Pesticides:PCB's N/A N/A
Antimony N/A N/A
Beryllium N/A N/A
Silver N/A N/A
Thallium N/A N/A
Cyanide N/A N/A
TCLP (See Table 2 which
follows) Non-hazardous Non-hazardous
Paint Filter Test N/A No free liquid
PCB 10 j N/A
NOTES:
I Bri;�a it L S Fedcra1 (_ I R 5i i_ �t:uuiard�.
\I,� �rial mu>[ meei NSRI' >>iJ
Tables for guidance only not a comprchensiv e list of current reallatory rcjuirements
DRAFT August 5, 2008
Table 2
(Landfill Option)
Toxicity Characteristics Leaching Procedure: Methods and Regulatory Limits
Approved Method (SW-846 Method 1311)
PARAMETER EPA
REGULATORY
LIMIT
mg/1
METALS:
Arsenic (As) 5.0
Barium(Ba) 100.0
Cadmium(Cd) 1.0
Chromium(Cr) 5.0
Lead(Pb) 5.0
Mercury(Hg) 0.2
Selenium(Se) 1.0
Silver(Ag) 5.0 •
VOLATILE ORGANIC COMPOUNDS:
Benzene 0.5
Carbon Tetrachloride 0.5
Chlorobenzene I00.0
Chloroform 6.0
1-2 Dichloroethane 0.5
1-1 Dichloroethylene 0.7
Methyl ethyl ketone(MEK) 200.0
Tetrachloroethylene 0.7
Trichloroethylene 0.5
Vinyl Chloride 0.2
SEMI-VOLATILE ORGANIC COMPOUNDS:
mono, ortho, &proprio Cresol 200.0
1-4 Dichlorobenzene 7.5
2-4 Dinitrotoluene 0.13
Hexachloro 1-3 Butadiene 0.5
Hexachlorobenzene 0.13
Hexachloroethane 3.0
Nitrobenzene 2.0
Pentachlorophenol 100.0
Pyridine 5.0
2-4-5 Trichlorophenol 400.0
2-4-6 Trichlorophenol 2.0
Tables for guidance only not a comprchen.si v e list of current re H irements
•
DRAFT August 5, 2008
Table 3
Test Methods and Testing Frequency
PARAMETER PREFERRED METHOD FREQUENCY"'
MACRONUTRIENTS:
Total Kjeldahl Nitrogen(TKN) SM-4500-Norg VT SWM Guidelines. 2007 or 6 NYCRR
Subpart 360
Ammonia SM-4500-NH3 VT SWM Guidelines.2007 or 6 NYCRR
Subpart 360
Nitrate/Nitrite SM-4500-NO3 VT SWM Guidelines.2007 or 6 NYCRR
Subpart 360
Total Phosphorous. SM-4500-P VT SWM Guidelines. 2007 or 6 NYCRR
Subpart 360
Total Potassium SW-7610 VT SWM Guidelines.2007 or 6 NYCRR
Subpart 360
Available Phosphorus AOAC 2.050 VT SWM Guidelines.2007
MICRONUTRIENTS:
Calcium SW-7140 For agronomic use—test at same frequency as
VT macornutients
Magnesium SW-7450 For agronomic use—test at same frequency as
V macornutients
Chloride S\V-9056 For agronomic use—test at same frequency as
VT macomutients
ORGANICS:
Volatile Organic Compounds SW-8260B 6 NYCRR Subpart 360
Semi-Volatile Compounds SW-8270C 6 NYCRR Subpart 360
Pesticides SW-80S1 6 NYCRR Subpart 360
PCB's SW-80S2 VT SWM Guidelines. 2007 or 6 NYCRR
Subpart 360-5.5.2003
OTHER:
%dry solids CLF 4F OR EPA 160.3 or SM VT SWM Guidelines. 2007 or 6 NYCRR
2540G Subpart 360-5.5,2003.
%volatile solids EPA 160.4 or SM 2540G 6 NYCRR Subpart 360
Cyanide Sw-9010D 6 NYCRR Subpart 360
pH S\V-9045C VT SWAT Guidelines:2007 or 6 NYCRR
Subpart 360-5.5, 2003
METALS:
Antimony SW-7041 6 NYCRR Subpart 360
Arsenic SW-7060A VT SWM Guidelines.2007 or 6 NYCRR
Subpart 360
Beryllium SW-7091 6 NYCRR Subpart 360
Cadmium S\1-7130 VT SVv"1\1 Guidelines. 2007 or 6 NYCRR
Subpart 360
Chromium SW-7100 VT SWM Guidelines. 2007 or 6 NYCRR
Subpart 360
Copper SW-7210 VT SWM Guidelines. 2007 or 6 NYCRR
Le,ri ! S\Vv1Guidelines. 01 ;; NYCRR
l Lt Hcs for LIui lance onl% -- not :! conTrcnensiv e cU! ;l'. !-cLl:::ltory requirements
DRAFT August 5, 2008
Mercury ` SW-7471A ' VT SWM Guidelines,2007 or-6 NYCRR
Subpart 360 •
Molybdenum SW-7481 VT SWM Guidelines, 2007 or 6 NYCRR
Subpart 360
Nickel SW-7520 VT SWM Guidelines.2007 or 6 NYCRR
Subpart 360
Selenium SW-7740 7740 VT SWM Guidelines. 2007 or 6 NYCRR
Subpart 360
Silver SW-7760A 6 NYCRR Subpart 360
Thallium SW-7841 6 NYCRR Subpart 360
Zinc SW-7950 VT SWM Guidelines. 2.007 or 6 NYCRR
Subpart 360
ADDITIONAL TESTING:
Landfill Option
TCLP 3 SW-1311 VT SWM Guidelines, 2007 or Once
every 2 OP Yrs, Per Plant'
NOTES: •
1. When Residuals from one plant are dewatered at another Plant. testing is required for beneficial use only at
the Plant conducting the dewaterino. Frequency is dependent on flow and or production at each plant.
2. Frequency may also affected by the NPDES requirements of each Plant.
3. CONTRACTOR Policy and Landfill requirement.
EPA= EPA600/4-79-020. Methods for Chemical Analysis of Water and Wastes, USEPA,
Cincinnati, Ohio, March 1983
SM = Standard Methods for the Examination of Water and Wastewater, 18th edition, 1992
SW= SW-846 Test Methods for Evaluating Solid Waste, USEPA, third edition. 1986
AOA= Official Methods of Analysis of the Association of Official Analytical Chemists, l 4tt'
edition. 1984
CLP= USEPA CLP Statement of Work for Inorganics, ILMO3.0
•
ablc› t0r ruiJ:in e 01 . not ,; comprehcnsiv c list of current re«ulaton requirements
iliftlifIt
UWIIN°r°N rfq
a°�� City of South Burlington
`4 "11575 DORSET STREETr'witi1 � ���� SOUTH BURLINGTON, VERMONT 05403
TEL. (802) 846-4107
-� *`e FAX (802) 846-4101
� ti
% CITY MANAGER
sNep4 rows M'a�� CHARLES E. RAFTER
August 13, 2008
Chair and City Council
South Burlington, VT 05403
Re: Consideration of City Council Policy on Public Education Activities related to City-
focused Ballot Articles; Councilor Sandra Dooley
To All Members:
City Councilor Sandra Dooley has prepared a draft policy to provide guidance to Council
and staff for the conduct of public education activities related to City-focused ballot
items. A copy is attached.
Please discuss this policy matter. You may adopt this policy by majority vote following
your discussion.
Sincerely,
Charles er
City Manager
F//i ,DQ/9rr
EPA Municipal Energy Challenge
Energy Consumption Useful Data for Benchmarking Buildings/Facilities
South Burlington,VT.
(July 2008 Site Visits,Data Collection and Staff Interviews)
Number of Year(s) Number
Number Occupancy Year Number Operatg %Area
Buildings Emps. Occupants/ Rate(%)ib Built Renovations #PCs Servers Desktops Hrsiwk/c Bldg S.F. Heated %Area A/C
Day la /Additions (Laptops)
Municipal
Complex
(Administrative) 20 50 100% 1981 2005 25 2 25 55 5,818 97 97
Municipal 1988, 1993,
Complex(Police) 28 68 100% 1981 2003, 2005 20 9 20(4) 168 5,662 97 97
Municipal
Complex
(Fire/Rescue) 7 5 97% 1970 1980, 2006 8 1 6(2) 168 12,175 95 97
Fire Station II 3 2 93% 1989 No 1 0 1 168 2,500 50 40
Dept Pub.Wks.
Office 26 31 100% 2001 No 7 1 5 50 12,648 100 100
Dept Pub. Wks.
Garage 3.75 5 100% 2001 No 2 0 1(1) 50 7,440 100 0
Dept Pub. Wks.
Storage 0 N/A N/A 2001 No 0 0 0 45 10,000 100 0
Wastewater
Treatment Plant
(Airport Parkway) 5 5 33% 1960 1986, 1990 4 0 1 168 13,127 100 13
Wastewater
Treatment Plant
(Bartlett's Bay) 1 1 28% 1960 1984, 1996 1 0 1 168 6,728 100 7
NOTES: Staff Interviews and site visit summary notes(refer to excel sheet 3)
/a Number of Occupants Per Day--is the sum of number of employees plus the daily average of walk-ins, meetings, special events
/b The"Occupancy Rate"refers to the proportion of operating hours per week the building is occupied including special functions and meetings
/c Operating hours per week:
The total number of hours per week that a particular space is in operation excluding hours when the facility is occupied only by maintenance,
security or other support personnel. For facilities with a schedule that varies during the year, "operating hours/week"refers to the total weekly
hours for the schedule most often followed. Note:A 24-hour computer center operates 168 hours per week. Office space operation time
averages 65 hours per week, rather than 40 hours per week. Operating hours per week must be 30 or greater but not more than 168.
g //( 7kA~'-
Average Annual Energy Consumption by Building and Facility 2007—So. Burlington,Vermont
Baseline Usage Usage at Baseline Usage Usage at 10% Current Source
Electricity and Consumption 10%Target Electricity and Target Energy Use
Fuels/a by Facility Reduction Fuels Reduction Intensity(EUI)"' Estimated Savings
Building/Facility (kBtu/year) (%of Total) (kBtu/year) (kWh/year) (kWh/year) (kBtu/sq.ft./yr) -10%Target($)
Municipal Complex 2,191,519 15% 1,972,367 641,792 577,613 113 $ 6,799
Fire Station II 513,853 3% 462,468 150,483 135,434 307 $ 985
Public Works 1,697,525 11% 1,527,773 497,124 447,412 121.2 $ 3,295
Wastewater Airport Pkwy 5,890,341 40% 5,301,307 1,725,001 1,552,501 10.3 $ 2,186
Wastewater Bartlett Bay 4,535,993 31% 4,082,394 1,328,377 1,195,539 20.5 $ 11,637
TOTAL Avg.Annual Energy
Use&Target Reduc. 14,829,231 100% 13,346,309 4,342,777 3,908,499 $ 24,902
Notes:
/a Baseline Usage refers to average annual electricity and fuel use for the same time period
/b Site energy refers to the amount of heat energy and electricity consumed onsite. Source Energy represents the total amount
of raw energy used to operate the building. For Current Source(or National Average)Energy Use Intensity refer to glossary terms below.
National Average Source Energy Use Intensity(EUI)
For a building with a rating, this defines the source energy intensity(kBtu/Sq.Ft.)this facility would consume if it had a national
energy performance rating of 50, the rating associated with average performance. For a building not eligible for a rating,
this defines the national average source EUI calculated in kBtu/sqft as a weighted average across all buildings of a similar type.
National Average Site Energy Use Intensity(EUI)
For a building with a rating,this defines the site energy intensity(kBtu/Sq.Ft.)this facility would consume if it had a national
energy performance rating of 50, the rating associated with average performance. For a building not eligible for a rating,this
defines the national average site EUI calculated in kBtu/sqft as a weighted average across all buildings of a similar type.
DRAFT
City of South Burlington, Vermont, City Council (City)
Policy on Public Education Activities
Related to City-focused Ballot Articles
Rationale: Vigorous and open debate among citizens on public policy matters
encourages them to participate in the democratic process and thereby strengthens it.
Context: From time to time, policy matters are brought to the citizens of South
Burlington for decision-making via an article on a City ballot. In some cases, the process
that results in placement of an article on a City ballot is initiated by a vote of the City
Council. In others, the process that results in placement of an article on a City ballot is
initiated by citizens through preparation of a petition and obtaining, at a minimum, the
number of signatures required by the City charter for such a petition.
Purpose: It is the purpose of this policy to establish ground rules to guide the actions,
relative to public policy matters related to an article that will or is anticipated to appear
on a City ballot, of City Councilors, City employees (when acting in their capacity as
City employees), and City residents who, as appointees of the City Council, have been
involved in the development of the article placed or anticipated to be placed on a City
ballot
Polite:
Regarding an(anticipated) article whose inclusion on a Cites ballot does not involve a
petition of City residents seeking the inclusion of such an article
The individuals specified under"Purpose" shall promote vigorous and open debate of
�bertl^positions on the article by taking reasonable steps to ensure that both positions on
the article are communicated to City residents via the City's website, The Other Paper
and/or any subsequent publication directed to the residents of South Burlington, other
print coverage of South Burlington governmental activities related to the(anticipated)
article, the South Burlington neighborhoods that participate in the Front Porch Forum
and/or any subsequent electronic medium directed toward South Burlington residents,
presentations to groups of South Burlington residents intended to provide information
about the (anticipated) article, and any other media coverage of the(anticipated) article..
When all City Councilors take the same position on an article or anticipated article, the
Council Chair and City Manager, working together, shall make a good faith effort to
identify residents who support the other position on the particular(anticipated) article and
encourage their participation in the development of written materials relating to the
(anticipated) article and in presentations made to groups of South Burlington residents or
via other media intended to provide information about the(anticipated) article.
When all City Councilors do not take the same position on an(anticipated) article, the
City Council Chair or designee, the Councilors taking the minority position, and City
Manager, working together, shall make a good faith effort to identify additional residents
who support the minority position on the particular(anticipated) article and encourage
their participation in the development of written materials relating to the(anticipated)
article and in presentations made to groups of South Burlington residents or via other
media intended to provide information about the(anticipated) article. The City
Councilor's and/or others taking the minority position shall have the opportunity to
participate in all presentations made to groups of South Burlington residents or via other -n
•
media intended to provide information about the (anticipated) article.
Regarding an article whose inclusion on a City ballot involves a petition of City residents
seeking the inclusion of such an article
Irrespective of the positions of the City Councilors on the(anticipated) article, the
Council Chair and City Manager, working together, shall make a good faith effort to
identify the resident/s who have led the petition effort and encourage them to apply this
policy to their activities relating to the(anticipated) article by seeking to identify
residents who support the other position on the particular(anticipated) article and
encouraging their participation in the development of written materials relating to the
(anticipated) article and in presentations made to groups of South Burlington residents or
via other media intended to provide information about the(anticipated) article.
Dissemination of Policy:
Within 15 days of its adoption and continuing as long as it remains City policy, this
policy on public education activities related to city-focused ballot articles shall be posted
on the City's website or subsequent electronic mechanism by which the City conveys
information with interested parties and on a bulletin board in the City of South
Burlington's public library. In addition, within 15 days of its adoption, this policy shall
be transmitted electronically to The Other Paper,the Burlington Free Press, and/or any
subsequent publication providing comparable coverage of the City of South Burlington's
governmental affairs; and the Front Porch Forum and/or any subsequent electronic
medium directed toward South Burlington residents. In addition, annually within 30 days
of the anniversary of its original effective date, this policy shall again be transmitted
electronically to The Other Paper, the Burlington Free Press, and/or any subsequent
publication providing comparable coverage of the City of South Burlington's
governmental affairs; and the Front Porch Forum and/or any subsequent electronic °
medium directed toward South Burlington residents. ~?
Date of City Council vote:
Number voting in favor:
Number voting in opposition:
Effective date of policy:
+�soUtM BURLINCrOk 4,f4
°A City of South Burlington
11��,1 ii//'I 575 DORSET STREET
[fit +�,�IiAigh:9( ' i t SOUTH BURLINGTON, VERMONT 05403
__ TEL. (802) 846-4107
1_�6 ma FAX (802) 846-4101
st,ByfD'1 70WN M... MAAGER
CHA'RLES TY ENHAFTER
August 13, 2008
City Council
South Burlington
Vermont
RE: Reconsideration of action to return ROW on Green Tree Drive to private owners
To All Members:
At the July meeting I recommended to Council that a 60' public right-of-way at the
cul-de-sac on Green Tree Drive be returned to private owners. I reported that the City
had no need for the ROW. Council approved my request.
The following day I heard from Bill Szymanski that the ROW served as a rear access
to his property which fronts on Williston Rd. The ROW was designed to provide access
for his farm implements, including tractors, which he still uses.(see attached map and
original documentation) Bill was City Manager of South Burlington at the time of the
creation of the ROW and did not participate in the process.
In light of Bill's information. I did not start the advertising process to transfer the
easement back to adjacent owners. I recommend that you reverse the decision and
allow the ROW to continue. I have spoken with the private landowner who made the
original request and they understood and have no objections to Council reconsideration.
Sincerely,
C_1-AV---
Charles Hafter
City Manager
cc6-21-04.6
N V
H a
w M
w
N
2
U QQ
C ON
O
ru rr. .F co ,...O
Q
Q
OH ON a
mOU ..
mOU I
o ._o .,
k a�
0
o? o0
mac'
^o
GREGORY DRIVE
m
PALMER COURT D
1 � 'p Z
x
w
o.
or
100
04
00 m0 o
• U k -0714°
N M il
t
� l C ^ oS
IU 'V `5, •
1
N J
._- -i b og� o.-. 3 o my �\ (a1 �‘ g
y
� . _ OW..- .-
. _._.._- r
•
ID
F n ? :il' 1 G7War 00 r
era moo
nOU (\\„
% (
n00
OM
mhU
"O a�
ML.
4 k A r
oOb O
-0500
m
-on xa p•^
— — _-_____ MATCH SHEET 28 �« �l�D°�
M y
7
helpful but an easement would be necessary from Anne Byrnes
and/or owner of the 32 Helen Avenue property .
Circulation and parking have not changed and are adequate except
that Chief Goddette prefers a wider aisle ( 30 feet ) in the rear
of the building .
Landscaping : The plan exceeds the minimum requirement . It
includes austrian pine , crab and shrubs as well as existing
landscaping.
Other : The plans show small patio for a sitting area in the back
yard . Earlier stipulations concerning the location of utilties
will still apply.
1 c?4 ) INVRES 200 SHUNPIKE ROAD
INVREST proposes to subdivide a 29 . 6 acre parcel of land into 13
Industrial-Commercial lots . The property is located on the south-
east corner of Shunpike Road. ( See enclosed map. )
The smallest lot is 1 . 1 acre . The largest is 3 . 7 acres . The
minimum lot size is 40 , 000 square feet .
A new road ( 60 foot right-of-way) serves these lots and connects
to Gregory Drive . A second cul de sac will be constructed off of
this through road. Large street trees should be planted along
the public streets , 60 feet on center .
Water services will be brought in from Shunpike Road and will
connect to those on Gregory Drive . Sewer services will also tie
in to Shunpike Road.
A number of the lots abut the R4 District on Shunpike Road. A 65
foot rear and side yard building setback from these property
lines is required . Extra screening may be required at site plan
review. However , it may be preferable to require screening at
this subdivision in order to have a consistent landscaping plan .
The property also abuts Muddy Brook . The setback shall be 100
feet from the center line or 100 feet from a contour 8 feet from
the low water mark , whichever is larger.
Lots #1 and #13 should have their curb cuts on the extended
Gregory Drive and not from Shun ike .
60 foot right-of-way should be shown for a uture extension
into the Szymanski property to the north which is also zoned
Industrial-Commercial and has poor access to Williston Road.
All legal documents for streets , sewer and water lines should be
prepared for the City Attorney' s review, prior to Final Plat .
New mylars for the relocated Gregory Drive extension must also be
y va c
recor
Bill Szymansk . will not be commenting on these plans due t
i_ o a
conflict of interest . An independent engineer wilt review the
plans at a later date .
J
5 . GOLDBERG, 6 LIME ROCK ROAD
•
Enclosed is a let from Mr . an Goldbe ng a .
month exte sio to he sit plan approval granted in ugust .
There is proble wi this extension. All previous
stipulations should remain.
•
4
r,„ ,„.....1 , .
PLANNING COMMISSION
5 January 1988
page -7
4._241lic Hearing: Final Plat application Green Tree
.,mark ` or 13-lot industrial-commercial subdivisior�i
- he northeast corner of Kimball Avenue and Shunpike
Road (new- application due to 'failure to record plans before
deadline)
Mr. Trudell indicated the trail is still not staked out
by the Natural Resources Committee.
Members questioned the status of Gregory Drive. Mrs. Lafleur
will check on this.
Mrs. Hurd moved the PlanningCommission approve the final
?lat application of Green Tree Park, Inc, for a 13 lot
industrial-commercial subdivision 29.46 acres at the north-
east corner of Kimball Avenue and Shunpike Road as depicted
on a 12 page set of plans, page one- entitled "Subdivision
Plat of Green Tree Park, Shunpike Road, South Burlington,
Vermont" prepared by Trudell Consulting Engineers, Inc,
last revised 7/19/87 with the following stipulations:
40°A landscaping bond for street trues and the landscaping
- ong the western boundary as shown onthe plans shall
be posted- prior to permit. - The amount shall be determined
by the City Planner.
----- --- - A- -sewer allocation of 5200 gpd is made and each lot
shall receive -an allocation from this amount-:--.--The -$2.50
per gallon fee shall be paid prior to permit;
3. The applicant shall submit plans to the Water Department
for approval prior to permit. -
4. The applicant shall be responsible for building Gregory
Drive as a through road from the existing end in Gregory
& Daughters Industrial Park. A bond shall be posted for
this prior to permit in an amount determined by the City
Engineer. It shall be constructed to City standards with14
32 feet of pavement, curbs and a sidewalk on one side.
_—
5. All legal documents for street dedications and deeds,
the r.o.w. to the Szymanski property, drainage and other
easements and the pedestrian trails shall be submitted
tto the City Attorney within 90 days.
6. The pedestrian trail easement shall be shown on the
final plat after approval by the Natural Resources Committee.
7. Plan #SP-1 shall correctly label Shunpike Road.
� /l i61 'n$
6o /»Nfi3$/c)1) j JQ v
(
I
f r
1
g'f /g DRAFT
Average Annual Energy Consumption as Municipal
Percent of Total by Facility(2006-2008) Complex(inc.
South Burlington,Vermont Police/Fire)
15%
Wastewater Fire Station II
Bartlett Bay k:; 3%
fir,
31% 1W
Public Works
11%
Total Average Energy Use All Facilities
Wastewater (Natural Gas&Electric)
Airport Pkwy
40% 14,829,231 kBtu/year
4,342,777 kWh/year
Average Annual Energy Savings at 10%
Target Energy Reduction—So. Burlington,VT
$14,000
$12,000 $11,637
•7, $10,000
w $8,000 $6,799
.g $6,000
E $4,000 $3,295
�—� 186
w $2,000 7, $985 1
,
$ ,
DRgrr
EPA Municipal Energy Challenge—August 2008--Site Visit and Staff Interviews
South Burlington, Vermont
Municipal Complex 575 Dorset Street-23,655 sq.ft. (Administration, Police and Fire Station One)
Administrative Offices: Built in 1981 occupies approximately 5,818 sq.ft or 25 percent of total building space. Poor building design, "value engineering"
and deferred maintenance has caused significant building problems including inadequate roof and site drainage, indoor flooding from storm events,
mold/mildew, roof leaks, poor insulation and resulting indoor environmental quality problems for the administrative and police spaces. Central heating
and cooling, currently served by two natural gas fired roof units, have 8 regulated zones. No programmable thermostats are in use. Staff is instructed
(by a note)to maintain conference room thermostat to keep the temperature up to avoid pipes freezing in the winter(lack of insulation or water damaged
insulation). Pipes run across the ceiling to the back of the building. Solar panels(installed when building was constructed)are being removed with roof
renovation. Conference room ceiling tiles, walls damaged by water and thermostat should be replaced.A modern programmable thermostat with wall
insulation and a repaired roof could improve energy efficiency. Retained plumbing for solar PV presents an opportunity to plan, design and apply for
State Clean Energy funds for a modernized renewable energy system. (Interviewed City Manager Hafter, Gloria Yandow, and Dennis Gravelin)
City Clerk vault not heated (electric space heater used in winter months)downstairs seems to be inconsistently heated as selected staff in City Clerks
office are too hot or too cold at times. (Interviewed City Clerk staff)
Current renovation plans include roof repairs, roof insulation and addressing the Butler Style Roof drainage such that water during storm events doesn't
enter the building. Old fridge in second floor kitchen should be replaced with an energy star appliance.Two apartment-sized fridges on first floor and one
full-sized fridge in Senior's kitchen should be replaced with an Energy Star model to save energy. City Hall pays 43%of the fuel costs with Police and
Fire responsible for 25% and 32% of the fuel bills, respectively.
Police Department: Located in the center of the Municipal Building Complex accounts for approximately 5,662 sq.ft. or 24%of the total space and 25
percent of the fuel bill.The police department of 24 employees operates 24/7 with the second floor mainly administrative and detective services and the
first floor dispatch, temporary holding, kitchen, showers and office space.This department has a significant space shortage for its operation and staffing
levels.There is inadequate storage for equipment, materials, no showers gender bathrooms, vehicles and people. The deteriorating building and lack of
space inadequate for operations. Plans for a new police station are in the initial scoping process. Pending voter outcome, at minimum, the existing space
should be completely renovated to provide an adequate and safe working environment regardless of what public office occupies the existing space.
Lights in the police space are on 100%of the time and selected spaces(in part-time use)could benefit from occupancy sensors. Windowless offices
and poor lighting conditions necessitate interior lights to be on (though lights were extinguished in server and dark rooms upon site visit). Police garage
uses an electric heater(which should be replaced with a modern more efficient unit). There is virtually no wall insulation remaining in the building due to
water problems. Mold remediation efforts are underway, though the first step is to fix the leaky roof. Interim energy efficiency measures, police station
could explore replacement of old fridge and removal or discouragement in use of individual office fridges. Explore use of vending misers for the multiple
(non-parishable)vending machines in the Department lunch room. Behavior changes and reminders to conserve energy could be encouraged by
leadership. Bathrooms equipped with low flow showerheads should be checked. Additional suggestions: swapping out T12 to T8; address server room
temperature levels; getting rid of electric garage heaters; install occupancy sensors. Make some policy state. (Interviewed Fire Chief and Corporal Todd
Shepard)
Fire Station One: Located on the north side, Fire Station One accounts for 52%of the overall building space and is responsible for 32% of fuel bill.
Seven(including 3 administrative)staff Fire Station One and three staff Fire Station II.With the recent addition and kitchen renovation, the facility is
equipped with modern appliances and day lighting features(i.e., passive and task lighting to reduce power demand).There are no programmable
thermostats. (Interviewed Fire Chief and Chiefs Assistant)
C//, DX/Tr--
EPA Municipal Energy Challenge—August 2008--Site Visit and Staff Interviews
South Burlington, Vermont
Fire Station Two: Located on Holmes Road of Route 7/Shelburne Road. Staff Interview and site visit completed.
Department of Public Works: Located on Landfill Road (off Patchen Road) is a 30,088 sq.ft.facility including offices, garage and vehicle storage
garage. This is a relatively new facility developed in 2001. Public Works is responsible for streets and roadways, signs, storm water services, and
vehicle maintenance.Aside from Public Works, the offices house the Emergency Operations Center for South Burlington. Occasionally, emergency
service training takes place in a dedicated classroom containing an advanced communications system. The large conference room in the main office
has become an attractive meeting place for City Departments and other groups during and after normal business hours(50 hour work week). Building
occupancy varies as field work demands. Only a small proportion of staff work indoors full time.
In general energy conservation is practiced by staff with lights turned off when room not in use. Vehicle storage garage is kept to a minimum
temperature. Lights are rarely used in the storage garage. Though the large windows located on the south southwest side of the building provide plenty
of light, the main entrance, stairwell, and map rooms get very warm during summer months and very cold in winter months. Installing thermal shades or
blinds might help reduce heating and cooling loads. ). Soda machine could use a vending miser or consider getting rid of in favor of using the existing
kitchen appliances(i.e., refrigerator). Interviewed Bruce Hoar and Karen Plantier.
Wastewater Facilities: South Burlington operates two waste water facilities located on Airport Parkway and Bartlett's Bay. Total floor area heated is
13,127 sq.ft. and 6,728 sq.ft., respectively. Several improvements have been made since the plants were first brought on line in 1960. Interviewed Steve
Crosby.
Bartlett's Bay Facility staff recently won recognition from the Environmental Protection Agency Region One on March 5, 2008 for exceptional
work in operating and maintaining the plant. This department also maintains 28 pumping stations.
Airport Parkway Facility, is South Burlington's central facility is approved and on schedule for an systems upgrade by 2010. Current plans
include a co-generation facility with methane recovery, advanced blowers and phosphorus removal. This project is key to meeting more than a
10 percent reduction in energy use. The proposed payback is 2-3 years. This project will save money on a net basis and improve the
environment as well.
t:-- -
,
. t
AI
•."-- *011lim
ill'
• 4,
-•
.--
I
..C,'•.,: (---
. g
=.-,--. ,..,--. ... ....
4 ., ...
....
,...,-,
,-----
•••
......
— - ..--114....n......6.0,„.....
...)
,... ,
Ilmm..
...
,mwm•
g eI.
00
Oar. . ..... _
: ;.•
4
'''• 1 'Qt.
. a _ •
..a
._ ....-- .
aif
•,, M.12!
--g
: (,M'-?'''..'''•.°.'". --.4ff.
I
'—.
0
• .1 _,_.,
..-
-, —-
1 19
' • lc--'' —17''''.,. ;:::, '''' ' —t:-''!'''r''''''' AMMO/'' .04
.g..:..
'.
L
• 4
•N t • . _ • _ '-,-;.sti,,, , .., _ .-i..,..., . ' .-,_
_. r E
.. :.
. ,..- I 1 11E1111111M"
....f.,
i ....N..........„.
41Peli'
AIM'e -......„
Items which could be cut
Light tower - $8,000
Cord reel - $2,200
Foam system - $12,000