HomeMy WebLinkAboutAgenda - City Council - 01/20/2009 , ®
south
Charles E. Hefter, City Manager
AGENDA
SOUTH BURLINGTON CITY COUNCIL
CHAMBERLAIN SCHOOL
262 ilhit&St-Peet
SOUTH BURLINGTON, VERMONT
Regular Session 7:00pm Tuesday, Jan. 20, 2009
1) Comments and Questions from the public (not related to the Agenda).
2) Announcements and City Manager's Report.
3) Update from Lauren-Glen Devitian, Executive Director on Channel 17 activities; Public comment
on use of Channel 17 (on TV and on-line)
* 4) Continued discussion with Burlington International Airport on Land-Reuse Plan and Property
Acquisition Schedule.
* 5) Conduct First of Two Public Hearings on Comprehensive City Charter Amendments.
* 6) Consideration of approval of Annual Warning of March 3, 2009 Annual City Meeting.
* 7) Public Comment on action to allocate $225,000 from the Rooms and Meals Reserve Fund to the
2009 budget to pay for additional emergency repairs to City Hall per Council Policy.
* 8) Consideration for a refunding $400,000 Grant Application Loan for Potash Brook Restoration
Project.
* 9) Review agenda for Development Review Board meeting to be held Tuesday, Jan. 20, 2009.
* 10) Review and approve minutes from special City Council meeting held Dec. 22, 2008.
* 11) Review and approve minutes from regular City Council meeting held Jan. 5, 2009.
12) Sign disbursement orders.
�3) Con ider enter n'ing Execu Ive Session to discuss real property acquisition.
14) Adjourn
Respectfully Submitted: QJ)
Charles Haft , City Manager
575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com
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Colchester 318 3.57 00:02:51 71.70% 36.79%
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SB:Public Hearing on Waterfront Access 28 23 00:01:18 100.00% 32.14% $0.04
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SB:Sen.Sanders:Need for Economic 24 20 00:01:47 0.00% 8.33% $10.10
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SB: Burton Snowboards Protest 10-24-2008 23 15 00:03:56 100.00% 47.83% $0.00
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PLANNING & ZONING
AGENDA
South Burlington Development Review Board
Tuesday, January 20, 2009 7:30pm Regular Meeting
Public Works Building, 2nd Floor Conference Room, 104 Landfill Road, South Burlington
1. Other business/announcements.
2. Minutes of January 6, 2009.
3. Consent agenda:
a. Design Review Application DR-08-15 of Charles Deslauriers seeking to obtain a new master
signage permit for a 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, 401 Dorset Street (formerly Hawthorne Suites).
4. Final plat application #SD-07-64 of Allen Road Land Co for a planned unit development consisting of 30
dwelling units in four (4) buildings, with an existing single family dwelling to remain, off 725 Hinesburg
Road in the City. This is a remand from the Environmental Court Docket No. 35-2-08 Vtec and the
proceedings will be limited in scope in accordance with the Court's Entry Order issued December 26,
2008.
5. Continued sketch plan application #SD-08-12 of Allen Road Land Company for a planned unit
development consisting of 30 multi-family dwelling units in four (4) buildings, with two (2) existing single
family dwellings, 725 Hinesburg Road and 18 Derby Circle.
6. Prelimina y plat application #SD-OS-65 &iiaal_plat_application_#LSD-Q8-66-of-Kir-by-Road-Partners,-L-L-C
for a planned unit development consisting of constructing six (6) single family dwellings on a 1.34 acre
parcel developed with a single family dwelling, 68 Kirby Road.
7. Continued conditional use application #CU-08-06 of City of Burlington/Burlington International Airport to
utilize approximately 2.5 acres for overflow airport parking for up to 500 vehicles (commercial parking
use), Valley Road.
8. Continued site plan application #SP-08-106 of the City of Burlington/Burlington International Airport to
utilize approximately 2.5 acres for overflow parking for up to 500 vehicles (commercial parking use),
Valley Road.
9. Site plan application #SP-08-120 of Wesco, Inc. to amend a previously approved plan for an 832 sq. ft.
convenience store with gas sales (4 fueling positions). The amendment consists of: 1) razing the
existing 832 sq. ft. convenience store and 2) constructing a 1632 sq. ft. building consisting of
convenience store use with deli, 1041 Shelburne Road (Champlain Farms).
10. Site plan application #SP-08-119 of LNP, Inc. to: 1) construct a 26,280 sq. ft. GFA building, and 2) seek
approval for an umbrella approval for multiple uses, 27-31 Commerce Avenue.
11. Site plan application #SP-08-117 of South Village Communities, LLC for a 12 unit multi-family dwelling,
64 Aiken St.
12. Preliminary plat application #SD-08-60 & final plat application #SD-08-61 of South Village
Communities, LLC to amend a previously approved planned unit development of Phase 1 consisting of
156 residential units and a 100-student educational facility, of a 334 residential unit project. The
amendment consists of: 1) subdividing a 1.05 acre lot (lot 4) into two (2) lots of 0.53 acres (lot 4A) and
0.52 acres (lot 4B), 64 & 96 Aiken Street, and 2) increasing lot coverage waiver from 65% to 75%, 1840
Spear Street.
13. Preliminary plat application #SD-08-63 and final plat application #SD-08-64 of South Village .
Communities, LLC to amend a previously approved planned unit development of Phase 1 consisting of
156 residential units and a 100-student educational facility, of a 334 residential unit project. The
amendment consists of subdividing lot #19 developed with a two (2) family dwelling into two (2) lots, 24
& 28 W. Fisher Lane.
Respectf Submitted,
A
4 R 4/Bel r
Administrative Officer
- 2 -
south „tiding
VERMONT
January 20, 2009
Chair and City Council
South Burlington, VT 05403
Re: Public comment on action to allocate $225,000 from the Rooms and Meals Reserve
Fund to the 2009 budget to pay for additional emergency repairs to City Hall per Council
Policy.
To all Members:
In July 2008, Council established a Capital Reserve Fund with the proceeds from the
local option rooms and meals tax. This resolution established a procedure to allocate
funds from this reserve if council identifies an expenditure not included in the annual
budget that cannot reasonably be deferred to the next annual meeting. The process
requires notification and public comment.
In October 2008, in accordance with this process, the Council approved $125,000
expenditure for emergency repairs to City Hall, including roof and interior walls damaged
by leaks.
In December 2008, the Council scheduled for this meeting, a public comment period for
allocation of additional Capital Reserve Funds for expanded emergency repairs to City
Hail for mold remediation, and additional exterior/ interior wall restoration.
Please solicit public comment on the allocation of an additional $225,000 for these
emergency repairs. Following comments, you may approve the transfer by motion.
Sincerely,
Denis Gravelin
Assistant City Manager
E
i
* 0
fF: RESOLUTION
ESTABLISHING RESERVE FUND FOR ROOMS, ,
MEALS AND ALCOHOLIC BEVERAGE TAX REVENUES
WHEREAS, Pursuant to Section
City ofSouth. Burlington is authorizedo tt, of its charter, tho.
. ' t_ nsa ticns __, the ty to impose a tax. on those
transactions
andnG ons, peals andalcoholic
WHEREAS su cc a
the Cl C inc may, �_n itsdiscretion,m of �e C� sCome ors al
revenues 1es received .from the above-said tax in cdeposit reserver 1
the purchase 'land nr v
C= bu_-dings t cn/reccnstructcr_r Ly, � �-
- `S and -. .—.`Gsl..-.�._ic l_l.are,
NOW THEREFORE, BE IT RESOLVED b h i
ere^ • establishedreserve / e --
Council teat there_s hereby ..a ese ve fund, to he , known as the Land
:-: Purchase and Construction Reserve Fund,' and that the City Council
cc authorized i-.0 expend monies' _d 1
construct reconstructCitybuildings- fund ,to aso Purchase land to
��a=�'-gs and �_�rastruc�ure,
AND BE IT FURTHER RESOLVED that the Ci-,7,7Council,- es in the un_d for- the- above-stated .purposes by. occluding
.: p oposed experdi ores in the annual C ty oudget or, in the event
-- e _ cy_ in es an exne na,ture not inclund in :be annual
budget that cannot reasonablv be deferred until the :next:-annual"
meeting, by ado v_n d
- _. - -t c _ %� a b'1P Ck a� l t'ura vnl r `�-� .�� ra
�;;-A .. -_ d ubl i i notice;
meeting_ _- i .� :n _=as _ fit-teen
AND✓BE IT FURTHER
RESOLVED __ the -T e
the G that _ _ � � �u s received
ea x ie
otherwise� . e � be deposited in such fund unless
u�_1
directed _ the City Council .
�; bed at. South B r1 a `f
i ngton,;- Vermonr_, this /-- day of July,
2 . 8 . —
itS , .
h s mit.
:. CITY C,,LERK'S OFFICE
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Dona S. Kinv�ille, City Clerk
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January 20, 2009
Chair and City Council
South Burlington, VT 05403
Re: Conduct First of Two Public Hearings on Comprehensive City Charter Amendments
To all Members:
Please hold the warned Public Hearing on the comprehensive City Charter Amendments
as presented to you in June 2008 from the City Charter Review Committee. Attached
are the detailed amendments drafted by the City Attorney along with the published public
hearing notice.
The second Public Hearing is scheduled for Monday January 26th
Sincerely,
Denis Gravelin
Assistant City Manager
NOTICE OF PUBLIC HEARINGS
ON PROPOSED CITY CHARTER AMENDMENTS
CITY OF SOUTH BURLINGTON
The Council of the City of South Burlington hereby gives notice that public
hearings will be held on January 20th, 2009 and January 26th, 2009, both hearings to
begin at 7:00 PM and to be held at the South Burlington City Hall at 575 Dorset Street to
consider proposed amendments to the charter for the City of South Burlington.
PROPOSED CITY CHARTER AMENDMENTS
Shall the voters amend the following sections of the City Charter:
Subchapter I. Power of the City
Section 13-103. Powers of the City
Section 13-105. Ordinances; enforcement; adoption
Section 13-107. Further consideration; final passage
Section 13-110. Annual City Report
Subchapter III. Officers
Section 13-301. Officers; general provisions
Section 13-305. Meetings
Section 13-307. Appointments
Section 13-310. Powers and Duties
Subchapter V. City Meetings
Section 13-502. Time of Holding
Section 13-504. Polling Places
Section 13-506. Petition for enactment of ordinance; special meeting
Subchapter Xl. Steering Committee
Section 13-1102. Powers and Duties
Subchapter XIII. Budget
Section 13-1303. Preparation and submission
Section 13-1303. City and school district annual meeting
warning and budget
Section 13-1304. Amount to be raised by taxation
Section 13-1306. Departmental budget
Section 13-1309. Net Cost of Operations
Subchapter XV. Taxation
Section 13-1502. Penalty
Subchapter XVII. Personnel
Section 13-1703. Prohibitions
Subchapter XIX. Assessment
Section 13-1903. Reappraisal of taxable property
Section 13-1904. Appraisal of unimproved land approved for
commercial or industrial development
Amend the Charter throughout to change gender specific terms to gender neutral
terms.
The complete text of the proposed amendments is available for review on the City's Web
Site, www.sburl.com. and at the City Offices at 575 Dorset Street during normal
business hours.
Dated at South Burlington, Vermont this 16th day of December, 2008.
CITY OF SOUTH BURLINGTON
S/ Charles E. Hafter, City Manager
Received and posted this 16th day of December, 2008.
S/ Donna Kinville, City Clerk
Proposed City Charter Amendments
Subchapter I . Power of the City
§ 103 . Powers of the city
(a) The city shall have all the powers granted to towns and
municipal corporations by the constitution and laws of this
state together with all the implied powers necessary to carry
into execution all the powers granted; it may enact ordinances
not inconsistent with the constitution and laws of the state of
Vermont or with this charter, and impoac pcnaltica for violation
thereof not in excess of a fins of $100 . 00, togcthcr with the
costs of procccution, or imprisonment for not more than sixty
days, or both.
(c) In this charter no mention of a particular power shall
be not construed to be exclusive or to restrict the scope of the
powers which the city would have if the particular power were
not mentioned.
§ 105 . Ordinances; enforcement; adoption
(b) Ordinance-making authority granted to the city by this
charter and general law shall be exercised pursuant to the
provisions of sections 106 through 109 of this subchapter
charter.
§ 107 . Further consideration; final passage
After such hearing, the Council may finally pass such
ordinance with or without amendment, except that if the council
makes an amendment it shall cause a short concise one-paragraph
description of the effects of the amended ordinance, including a
concise description of the proposed amendments to be published
at least once together with a notice of the time and place of a
public hearing at which such amended ordinance will be further
considered, which publication shall be at least three days one
week prior to the public hearing. . . .
§ 110 . Annual city report
1
The annual city report shall be made available and noticed to
the legal voters of the City and School District at the earliest
time following the fiscal year, but not later than March 1st
days aftcr thc cnd of thc fiscal year.
Subchapter III . Officers; general provisions
§ 301 . Officers; general provisions
The officers of the city of South Burlington shall be those
provided by law for towns, except as otherwise provided by this
charter. Such officers shall have all the powers and duties
necessary to carry out the provisions of this charter as well as
those provided by law. The offices of fence viewer, firc wardcn,
weigher of coal and inspector of lumber shall be abolished.
(a) The officers of the South Burlington school district
shall continue to be those provided by law for school or school
districts; provided, however, that the school directors shall
hold no other school district or city office with the exception
of the Board of Civil Authority, Board of Abatement and cxccpt
as provided otherwise in this charter. When a vacancy occurs on
the board of school directors, the remaining members of the
board may fill the vacancy until the next annual meeting when
the school district shall fill the vacancy by vote .
§ 305 . Meetings
(e) As appropriate, City Council shall strive to meet
twice a year in each elementary school within the School
District .
§ 307 . Appointments
(b) In making any appointment under this section; notice of
the position or positions to be filled shall be published in a
daily newspaper of general circulation within the city, or by
electronic means, at least 15 days prior to the appointment .
2
§ 310 . Powers and duties
(7 ) The City Council and School Board, by their own
actions, may establish reserve funds to pay for public
improvements, replacement of equipment and planned or unplanned
operating expenditures . Monies to be deposited in any fund
shall be included in a City or School District budget and shall
not be excluded in calculating the net cost of operation
pursuant to § 13 . 1309 (a) . Reserve funds shall be kept in
separate accounts and invested in the same manner as other
public funds . The City Council and School Board may, from time
to time, expend monies in such funds for such purposes for which
they were established without voter approval .
(8) Neighborhood Forums
(a) Whenever the City Council or the School
Board (either individually being the convening board) shall
determine that there has been a sufficient showing of
interest or need to suggest that a public forum should be
conducted in a neighborhood or neighborhoods within the
city on a matter of public interest or concern, the
convening board may, in its discretion, issue a call for a
Neighborhood Forum. The convening board may make such a
determination on the request of an interested citizen or
citizens, or on its own motion.
(b) Promptly upon such a determination, the convening
board shall describe the neighborhood or neighborhoods
having a community of interest in the issue at hand,
specify a date, time, and place for a Neighborhood Forum,
describe the issues to be considered, and appoint any
suitable person as a temporary chair to convene the
meeting, and issue a public warning of the meeting. The
convening board shall further specify the objective or
objectives of the meeting, such as (1) to share information
with the residents of the specified community, (2) to
solicit information and/or opinions, (3) to permit the
residents to make recommendations relating to the issues,
or (4) to serve some other appropriate objective . The
temporary chair shall begin the meeting as warned and shall
assist the meeting in the election of a meeting chair.
3
Subchapter V. City Meetings
§ 502 . Time of holding
(a) The annual city meetings of the city and the South
Burlington school district for the election of officers,
the voting on the budgets, and any other business included
in the warnings for said meetings, shall be on a date
established and held on the third Tucsday in May, unlcss
othcrwioc legally warned by the council .
§ 504 . Polling places
In any annual or special city or school district
meeting, for the purpose of the election of officers and
the voting on all questions to be decided by Australian
ballot, there shall be additional polling places which
shall be the polling places designated for the election of
representatives to the General Assembly of ift each
representative district. The check list for each polling
place shall be composed of those voters residing in that
representative district . The votes cast shall be separately
counted in the manner provided in the election of
representatives to the General Assembly. Except as provided
in this section, the conduct of such meeting shall conform
to the requirements where applicable, set forth in Chapters
51 and 55 19, cubchaptcr 2 of Title 17, V. S .A.
§ 506. Petition for enactment of ordinance; special meeting
(a) Subject to the provisions of section 505, voters
electors of the city may at any time petition in the same
manner as in section 505 for the enactment of any proposed
lawful ordinance by filing such petition, including the
text of such ordinance, with the city clerk. The council
shall call a special city meeting to be held within 45 days
of the date of such filing, unless prior to such meeting
such ordinance shall be enacted by the council . The warning
for such meeting shall include a short concise one-
paragraph description of the effects of the proposed
ordinance and shall provide for an aye and nay vote as to
its enactment . The warning shall also include reference to
4
a place within the city where copies of the entire text of
the proposed ordinance may be examined. Such ordinance
shall take effect on the 10th day after the conclusion of
such meeting provided that the electors as qualified in
section 505, constituting a majority of those voting
thereon, shall have voted in the affirmative.
Subchapter XI . Steering Committee
§ 1102 . Powers and duties
(a) The Steering Committee shall hold public meetings
on the City and School district budgets as set forth in
this charter. The committee shall review proposed programs
to be implemented by the city and the school district in
the next fiscal year or for future years, and may inquire
into and review any matters of financial interest to the
city and the school district .
(b) The Steering Committee shall hold at least one
regular meeting in each calendar quarter. Notice of any
regular or special meeting, including a general statement
of the purpose thereof, shall be placed in a daily
newspaper of general circulation within the city, or by
electronic means, at least seven days prior to the date for
such meeting.
(d) Any expenses of the Steering Committee shall be
approved by the Steering Committee council and the board of
school dircctors, the cost to be divided equally between
the city and the South Burlington school district .
Subchapter XIII . Budget
§ 1302 . Preparation and submission
(c) The council shall fix the time and place for
holding a public hearing on the budgets for the city and
the school district, and shall give notice of such hearing
at least 10 days prior thereto in a daily newspaper of
general circulation in the city, or by electronic means .
5
Said hearing shall be held not less than 40 days nor more
than 60 days prior to the date of the annual city and
school district meeting. The council shall then review the
city budget and approve it for submission to the voters,
with or without change and in the same manner the board of
school directors shall review its budget and approve it for
submission to the voters, with or without change.
§ 1303 . City and school district annual meeting warning and
budget
The proposed budgets of the city and school district
shall be distributed to the legal voters of the city and
school district at least 10 days before the public hearing
on said budgets . The warnings for the annual city and
school district meeting shall be published in a daily
newspaper having general circulation within the city, or by
electronic means, at least 10 days before the date of such
annual meetings and the proposed budgets for the city and
school district shall likewise be published.
§ 1304 . Amount to be raised by taxation
(c) If the budget for the city or school district is
not adopted by the voters at the special meeting provided
for in subsection (b) of this section, the city council or
school board shall adopt a budget with the net cost of
operations pursuant to Section 13-1309 limited to the
amount of the net cost of operations in the preceding tax
year' s budget .
§ 1306. Departmental budget
The budget for all departments shall include all
proposed expenditures, and the council and board of school
directors shall make a gross appropriation for each
department for the ensuing fiscal year. The gross
appropriation for each department of the city and school
district shall not be exceeded except for consent of the
council and board of directors, respectively, subject to
the provisions of section 1308 .
§ 1309 . Net Cost of Operations
6
(a) Net cost of operations shall be defined as the
gross budget of the city or school district less the
following deductions as defined in subsections (b) through
(f) of this section if such items appear in the gross
budget :
(7) Payments assessed against the city or schools
by other public bodies or quasi-public bodies such as the
Chittenden County transit authority, Winooski valley park
district, and Chittenden County Court, Regional Planning
Commission and Metropolitan Planning Organization.
Subchapter XV. Taxation
§ 1502 . Penalty
A late charge of eight percent (8%) will be added to
any tax not paid on or before the dates specified in
Section 1501 of this subchapter Chartcr. In addition,
interest at the rate of one percent (1%) per month will be
added to any tax not paid on or before it' s due date, for
each month or fraction thereof after the date on which the
tax payment was due.
Subchapter XVII . Personnel
§ 1703 . Ethical Guideline Prohibition3
City Council will further define business conduct and
ethics in an approved guideline document to include at
least the following:
(b) No person appointed in the administration service
of the city, under the city manager, shall continue in such
position after becoming a candidate for nomination or
election to any South Burlington public office, nor shall
he--make any contribution to the campaign funds on behalf of
any candidate for city office. IIc Such person may not take
any part in the management of any political party, except
7
by the ordinary exercise of his the right as a citizen to
belong to a political party, to express his opinions, and
to vote .
Subchapter XIX. Assessment
§ 1903 . Reappraisal of taxable property
(a) Had Land Development regulations in effect for
the preceding 12 months which required the issuance of a
permit for the construction of any new structure, the
change in use of any structure or land, or the renovation
of any existing structure involving an estimated cost as
determined by definition in the Land Development
Regulations of ovcr $1, 000 . 00 .
(b) Had Land Development regulations in effect for
the preceding 12 months which required the approval of the
Planning Commission for the division of any parcel of land
into two or more parcels for purposes of sale, lease or
other conveyance, and provided further that the Department
has :
(1) Physically inspected all property for which a
zoning permit or subdivision approval has been issued.
(2) Pursuant to state regulation and industry
standards, developed a method approved by the City Council
for determining the fair market value of all property in
the City as of April 1st of the subject year. This method
must be:
§ 1904 . Appraisal of unimproved land approved for
commercial or industrial development
(c) As of April 1 next following the date of issuance
of a zoning permit under the City of South Burlington Land
Development Regulations authorizing construction of a
building or buildings for commercial or industrial
purposes, the assessor shall determine the appraisal value
of the land benefited by said permit, taking into account
all factors required under general law, including any
8
permit or approval or any improvements not previously
considered pursuant to subsections (a) and (b) of this
section. If the permit holder has not taken action to
initiate the authorized construction within six ( 6) months
of the date of issuance of the zoning permit and the zoning
permit has expired, or if the zoning permit has been
appealed to the Vermont Environmental Court, the assessor
shall not consider the land to be benefited by said permit .
Amend the Charter throughout to change gender specific
terms to gender neutral terms .
9
Letter of Intent
Marcy Marceau and Alexandre M. Bird,
Trustees of the March Marceau
and Alexandre M. Bird Joint Trust
Re: Purchase of Property at 1545 Hinesburg Road,
South Burlington, Vermont
Dear Trustees :
I am writing on behalf of the City of South Burlington,
acting through its City Council, to confirm the City' s intent to
purchase the above referenced property for a total purchase price
of $850, 000 . Enclosed with this letter is a check in the amount
of $50, 000, provided as a refundable deposit toward the purchase
price . The terms for completion of this purchase are generally
set forth in the attached Purchase and Sale Agreement, draft
dated January 20, 2009 . Please note particularly the two
requirements set forth in paragraphs 12 .a and 12 .b, both of
which the City understands are acceptable to you.
Within seven (7) days of delivery of this Letter of Intent,
the City commits to complete negotiation of the terms in the
attached Purchase and Sale Agreement and execute the agreement.
The City further commits to complete this purchase within sixty
(60) days of the date of this letter. If you are in agreement
with the terms set forth in this letter, please sign on the space
provided below and return the signed copy to Charles Hafter, City
Manager, at 575 Dorset Street, South Burlington, Vermont 05403 .
Sincerely,
Chris Smith, Chair
DRAFT January 20, 2009
PURCHASE AND SALE AGREEMENT
THIS AGREEMENT is made and entered into this day of
January, 2009.
1 . Parties
Marcy Marceau, and Alexandre M. Bird, Trustees of the Marcy
Marceau and Alexandre M. Bird Joint Trust u/t/a dated July 24,
2007 (hereinafter referred to as the Seller) agrees to sell and
City of South Burlington, a Vermont municipality (hereinafter
referred to as the Buyer or Purchaser) , agrees to buy upon the
terms hereinafter set forth, the property described in Paragraph
2 hereof.
2 . Descri >tion of Subject Pro :oerty
Being a lot of land containing 45 acres, more or less, situated
on the westerly side of Hinesburg Road and commonly known as
1545 Hinesburg Road, together with all buildings thereon, which
said parcel is described as Parcel A in a Warranty Deed from J.
Edward Marceau, Jr. and Jacqueline L. Marceau to Jacqueline L.
Marceau dated May 21, 1980, and of record in Book 163, Pages
29-30 of the City of South Burlington Land Records as follows :
PARCEL A. A parcel of land with all buildings thereon
situated on the westerly side of Hinesburg Road, the
dwelling house thereon being known and designated as 1545
Hinesburg Road, being all and the same land and premises
conveyed to the within Grantors by Warranty Deed of
Christian B. and Hazel G. Hoskam, dated May 21, 1970 and
recorded in Volume 94 at Pages 265-8 ofthe City of South
Burlington Land Records . Said parcel contains 45 acres,
more or less .
3. Title - Deed
Seller shall convey the property at the closing to the
Buyer by Warranty Deed in fee simple with good and marketable
title, free and clear of all liens and encumbrances, except an
Assignment and Transfer by and between Jacqueline L. Marceau and
John Larkin, Inc. dated August 31, 2001 and recorded in Volume
631 at page 467 of the City of South Burlington Land Records .
In the event Seller is unable to convey title as aforesaid,
Seller must, within a reasonable period of time, attempt to
remedy any title defects. In the even that said defects cannot
be corrected or remedied within a reasonable period of time,
Buyer may, at its option, receive back any deposits paid, and
Buyer and Seller shall be under no further obligations to one
- 1 -
DRAFT January 20, 2009
another hereunder or Buyer may elect to close this transaction
notwithstanding said defects . Seller shall use its best efforts
to correct title defects .
4 . Purchase Price
Total purchase price for the property is $850, 000. 00, which
shall be paid as follows :
a. $50, 000 payable herewith (the deposit) , receipt
of which is hereby acknowledged to be credited to the purchase
price in the event of closing.
b. $800, 000 at the time of closing as provided
herein.
5. Time for Closing; Delivery of Deed
Said deed is to be delivered within 15 days from the date
that all contingencies identified in paragraph 12 below have
been met but no later than March 31, 2009, unless otherwise
agreed upon in writing, time being of the essence. At the
closing, Seller shall execute and deliver to Buyer, against
payment of the purchase price, a good and sufficient Warranty
Deed to the property.
6. Possession of Property
Possession of the property is to be delivered at the time
of delivery of the deed subject to Seller' s right to remove
personal property from the dwelling on the property for a period
of ninety (90) days following the closing.
7 . Adiustments, Prorations and Closing Costs
Real estate taxes and other assessments shall be prorated
as of the closing. If applicable, Buyer shall pay any Vermont
Land Gains Tax and shall be responsible for preparation of
Vermont Land Gains withholding tax form and Vermont Land Gains
return if required, which Seller agrees to execute. If
applicable, Buyer shall pay the Vermont Property Transfer Tax.
Buyer shall also pay Seller' s reasonable attorneys' fees
incurred in connection with the closing.
8 . Deposits
The deposit made hereunder shall be held in an interest
bearing escrow account by Seller' s attorney.
9. Default and Remedies
- 2 -
DRAFT January 20, 2009
Except as otherwise set forth in this Agreement, in the
event that Buyer fails to close hereunder for a reason other
than the default of Seller, Seller may retain the deposit as
full and complete liquidated damages or pursue any other remedy
provided by law or equity. In the event that Seller shall
default, Buyer shall have the option to (a) terminate this
contract without further recourse and receive back any deposits
paid under this Agreement, or (b) pursue any other remedy
provided by law or equity including the remedy of specific
performance .
10 . Brokerage; Contracts
Seller shall pay any broker or finder commission with
respect to this transaction.
11 . Representations and Warranties of Seller
Seller represents and warrants to Buyer that:
a. Seller shall allow Buyer or its agents to conduct
such inspection of the property as Buyer deems reasonably
necessary for the purpose of completing this transaction.
b. Seller warrants and represents to the Buyer that
to the best of its knowledge no hazardous waste other than
herbicides, pesticides, fertilizers and similar products used in
accepted agricultural practices has been dumped or placed upon
the property. The Seller agrees that the Buyer may have
prepared, at Buyer' s expense, a Phase I and Phase II
Environmental Assessment to confirm the aforementioned warranty
and representations. Buyer may perform, at its sole expense,
any additional tests and/or inspections it considers necessary
to confirm the aforementioned warranty and representations.
Buyer agrees that any such testing or inspection under this
section will be non-destructive and further agrees to correct,
at Buyer' s own expense, any damage done to the property as a
result of such testing. In the event that Buyer discovers that
the property is now or has been a hazardous waste dumping site
or hazardous waste has leached into or on said property, Buyer
may at Buyer' s option declare this contract null and void and
have returned to it forthwith its deposit.
12 . Conditions Precedent to Buyer' s Obligation to Close
The obligation of Buyer to close is subject to satisfaction
at or before closing of all the following conditions :
a. John Larkin, Inc. shall have been properly
notified of this transaction and the time for exercise of its
- 3 -
DRAFT January 20, 2009
rights under the Right of First Refusal Agreement by and between
Jacqueline L. Marceau and John Larkin, Inc. dated August 31,
2001 and recorded in Volume 518 at page 378 of the City of South
Burlington Land Records shall have expired with such rights not
being exercised or shall have been released by a properly
executed written release.
b. Buyer shall have received the consent set forth
in an Assignment and Transfer by and between Jacqueline L.
Marceau and John Larkin, Inc. dated August 31, 2001 and recorded
in Volume 631 at page 467 of the City of South Burlington Land
Records, if required, to allow use of the property for outdoor
recreation purposes, including installation of recreation fields
and related improvements generally as shown on a plan entitled,
"Concept Plan, Marceau Property", dated May 17, 2007 and
prepared by Krebs and Lansing Consulting Engineers, Inc.
attached as Exhibit A.
c. At the time required for closing, there are no
suits or claims pending in any court of competent jurisdiction
that seek to enjoin or this transaction or void this Agreement.
d. At the time required for closing, the South
Burlington City Clerk shall not have received a petition signed
by 5% of the City' s voters asking that this transaction not
occur without voter approval . If such petition has been
received, and the South Burlington City Council decides, in the
reasonable exercise of its discretion, to conduct the requested
vote, the time for closing shall be extended to the date of the
vote and thereafter until the result of such vote becomes final .
13. Recording a of Aqreement
This Agreement shall not be recorded without the mutual
consent of the parties hereto, which consent shall not be
unreasonably withheld. In the event this Agreement or a
memorandum thereof, is recorded, the Buyer shall place in escrow
with the Seller a release of this Agreement in the event this
Agreement shall become null and void, which release shall be
held in escrow by the Seller' s attorney.
14 . Construction of Agreement
This Agreement, to be construed under the laws of the State
of Vermont, sets forth the entire agreement of the parties, and
may only be amended by written instrument signed by both
parties . This Agreement is binding upon and inures to the
benefit of the parties hereto, their respective heirs,
successors and assigns, and may be canceled, modified or amended
only by a writing executed by the parties hereto or their legal
- 4 -
DRAFT January 20, 2009
representatives. All of the Buyer' s rights hereunder may be
assigned. All notices, demands and other communications
hereunder shall be in writing and shall be deemed to have been
duly given on the date of service if served personally, or three
days after the date of mailing if sent by first class mail,
postage prepaid, addressed as follows:
To Seller: Chuck Hafter, City Manager
575 Dorset Street
South Burlington, VT 05403
To Buyer: Marcy Marceau
54 Steele Road
Sharon, VT 05065
Either party may change their address for the purposes of
this paragraph by giving the other party notice of the new
address in the manner described herein. If any provision of
this Agreement is determined to be invalid or unenforceable, it
shall not affect the validity and enforcement of the remaining
provisions hereof. In the event either party is required to
seek judicial action to enforce the terms of this Agreement, the
prevailing party shall be entitled to costs, including
reasonable attorney' s fees .
IN WITNESS WHEREOF, Seller and Buyer have signed and sealed
this Agreement as of the date first above written.
WITNESSES :
STATE OF VERMONT
. ss .
COUNTY OF CHITTENDEN)
At on the day of
2009, personally appeared
acknowledged this instrument by sealed and subscribed, to
be free act and deed.
Before me,
Notary Public
My Commission Expires:
STATE OF VERMONT
- 5 -
DRAFT January 20, 2009
. ss.
COUNTY OF CHITTENDEN)
At on the day of
2009, personally appeared
acknowledged this instrument by sealed and subscribed, to
be free act and deed.
Before me,
Notary Public
My Commission Expires:
WITNESSES : CITY OF SOUTH BURLINGTON
By:
Its duly authorized agent
STATE OF VERMONT
ss .
COUNTY OF CHITTENDEN)
At on the day of
2009, personally appeared , duly
authorized agent of the City of South Burlington.
, and he
acknowledged this instrument by him, sealed and subscribed, to
be his free act and deed, and the free act and deed of the City
of South Burlington.
Before me,
Notary Public
My Commission Expires:
son09-002-1.re<
6
Letter of Intent
Marcy Marceau and Alexandre M. Bird,
Trustees of the March Marceau
and Alexandre M. Bird Joint Trust
Re : Purchase of Property at 1545 Hinesburg Road,
South Burlington, Vermont
Dear Trustees :
I am writing on behalf of the City of South Burlington,
acting through its City Council, to confirm the City' s intent to
purchase the above referenced property for a total purchase price
of $850, 000 . Enclosed with this letter is a check in the amount
of $50, 000, provided as a refundable deposit toward the purchase
price. The terms for completion of this purchase are generally
set forth in the attached Purchase and Sale Agreement, draft
dated January 20, 2009 . Please note particularly the two
requirements set forth in paragraphs 12 . a and 12 .b, both of
which the City understands are acceptable to you.
Within seven (7) days of delivery of this Letter of Intent,
the City commits to complete negotiation of the terms in the
attached Purchase and Sale Agreement and execute the agreement .
The City further commits to complete this purchase within sixty
( 60) days of the date of this letter . If you are in agreement
with the terms set forth in this letter, please sign on the space
provided below and return the signed copy to Charles Hafter, City
Manager, at 575 Dorset Street, South Burlington, Vermont 05403 .
Sincerely,
Chris Smith, Chair
DRAFT January 20, 2009
PURCHASE AND SALE AGREEMENT
THIS AGREEMENT is made and entered into this day of
January, 2009.
1. Parties
Marcy Marceau, and Alexandre M. Bird, Trustees of the Marcy
Marceau and Alexandre M. Bird Joint Trust u/t/a dated July 24,
2007 (hereinafter referred to as the Seller) agrees to sell and
City of South Burlington, a Vermont municipality (hereinafter
referred to as the Buyer or Purchaser) , agrees to buy upon the
terms hereinafter set forth, the property described in Paragraph
2 hereof.
2 . ,Description of Subject Property
Being a lot of land containing 45 acres, more or less, situated
on the westerly side of Hinesburg Road and commonly known as
1545 Hinesburg Road, together with all buildings thereon, which
said parcel is described as Parcel A in a Warranty Deed from J.
Edward Marceau, Jr. and Jacqueline L. Marceau to Jacqueline L.
Marceau dated May 21, 1980, and of record in Book 163, Pages
29-30 of the City of South Burlington Land Records as follows:
PARCEL A. A parcel of land with all buildings thereon
situated on the westerly side of Hinesburg Road, the
dwelling house thereon being known and designated as 1545
Hinesburg Road, being all and the same land and premises
conveyed to the within Grantors by Warranty Deed of
Christian B. and Hazel G. Hoskam, dated May 21, 1970 and
recorded in Volume 94 at Pages 265-8 ofthe City of South
Burlington Land Records . Said parcel contains 45 acres,
more or less.
3. Title Deed
Seller shall convey the property at the closing to the
Buyer by Warranty Deed in fee simple with good and marketable
title, free and clear of all liens and encumbrances, except an
Assignment and Transfer by and between Jacqueline L. Marceau and
John Larkin, Inc. dated August 31, 2001 and recorded in Volume
631 at page 467 of the City of South Burlington Land Records.
In the event Seller is unable to convey title as aforesaid,
Seller must, within a reasonable period of time, attempt to
remedy any title defects . In the even that said defects cannot
be corrected or remedied within a reasonable period of time,
Buyer may, at its option, receive back any deposits paid, and
Buyer and Seller shall be under no further obligations to one
- 1 -
DRAFT January 20, 2009
another hereunder or Buyer may elect to close this transaction
notwithstanding said defects. Seller shall use its best efforts
to correct title defects.
4 . Purchase Price
Total purchase price for the property is $850, 000. 00, which
shall be paid as follows:
a. $50, 000 payable herewith (the deposit) , receipt
of which is hereby acknowledged to be credited to the purchase
price in the event of closing.
b. $800, 000 at the time of closing as provided
herein.
5. Time for Closing; Deliver•„ of Deed
Said deed is to be delivered within 15 days from the date
that all contingencies identified in paragraph 12 below have
been met but no later than March 31, 2009, unless otherwise
agreed upon in writing, time being of the essence. At the
closing, Seller shall execute and deliver to Buyer, against
payment of the purchase price, a good and sufficient Warranty
Deed to the property.
6 Possession of Property
Possession of the property is to be delivered at the time
of delivery of the deed subject to Seller's right to remove
personal property from the dwelling on the property for a period
of ninety (90) days following the closing.
7 . Adjustments, Prorations and Closing Costs
Real estate taxes and other assessments shall be prorated
as of the closing. If applicable, Buyer shall pay any Vermont
Land Gains Tax and shall be responsible for preparation of
Vermont Land Gains withholding tax form and Vermont Land Gains
return if required, which Seller agrees to execute. If
applicable, Buyer shall pay the Vermont Property Transfer Tax.
Buyer shall also pay Seller' s reasonable attorneys' fees
incurred in connection with the closing.
8. Deposits
The deposit made hereunder shall be held in an interest
bearing escrow account by Seller's attorney.
9. Default and Remedies
2
DRAFT January 20, 2009
Except as otherwise set forth in this Agreement, in the
event that Buyer fails to close hereunder for a reason other
than the default of Seller, Seller may retain the deposit as
full and complete liquidated damages or pursue any other remedy
provided by law or equity. In the event that Seller shall
default, Buyer shall have the option to (a) terminate this
contract without further recourse and receive back any deposits
paid under this Agreement, or (b) pursue any other remedy
provided by law or equity including the remedy of specific
performance.
10. .Brokerage; Contracts
Seller shall pay any broker or finder commission with
respect to this transaction.
11 . Representations and Warranties of Seller
Seller represents and warrants to Buyer that:
a. Seller shall allow Buyer or its agents to conduct
such inspection of the property as Buyer deems reasonably
necessary for the purpose of completing this transaction.
b. Seller warrants and represents to the Buyer that
to the best of its knowledge no hazardous waste other than
herbicides, pesticides, fertilizers and similar products used in
accepted agricultural practices has been dumped or placed upon
the property. The Seller agrees that the Buyer may have
prepared, at Buyer' s expense, a Phase I and Phase II
Environmental Assessment to confirm the aforementioned warranty
and representations. Buyer may perform, at its sole expense,
any additional tests and/or inspections it considers necessary
to confirm the aforementioned warranty and representations.
Buyer agrees that any such testing or inspection under this
section will be non-destructive and further agrees to correct,
at Buyer' s own expense, any damage done to the property as a
result of such, testing. In the event that Buyer discovers that
the property is now or has been a hazardous waste dumping site
or hazardous waste has leached into or on said property, Buyer
may at Buyer's option declare this contract null and void and
have returned to it forthwith its deposit.
12 Conditions Precedent to Buyer' s Obligation to Close
The obligation of Buyer to close is subject to satisfaction
at or before closing of all the following conditions:
a. John Larkin, Inc. shall have been properly
notified of this transaction and the time for exercise of its
- 3 -
DRAFT January 20, 2009
rights under the Right of First Refusal Agreement by and between
Jacqueline L. Marceau and John Larkin, Inc. dated August 31,
2001 and recorded in Volume 518 at page 378 of the City of South
Burlington Land Records shall have expired with such rights not
being exercised or shall have been released by a properly
executed written release.
b. Buyer shall have received the consent set forth
in an Assignment and Transfer by and between Jacqueline L.
Marceau and John Larkin, Inc. dated August 31, 2001 and recorded
in Volume 631 at page 467 of the City of South Burlington Land
Records, if required, to allow use of the property for outdoor
recreation purposes, including installation of recreation fields
and related improvements generally as shown on a plan entitled,
"Concept Plan, Marceau Property", dated May 17, 2007 and
prepared by Krebs and Lansing Consulting Engineers, Inc.
attached as Exhibit A.
c. At the time required for closing, there are no
suits or claims pending in any court of competent jurisdiction
that seek to enjoin or this transaction or void this Agreement.
d. At the time required for closing, the South
Burlington City Clerk shall not have received a petition signed
by 5% of the City' s voters asking that this transaction not
occur without voter approval. If such petition has been
received, and the South Burlington City Council decides, in the
reasonable exercise of its discretion, to conduct the requested
vote, the time for closing shall be extended to the date of the
vote and thereafter until the result of such vote becomes final ,
13. Recordings of Agreement
This Agreement shall not be recorded without the mutual
consent of the parties hereto, which consent shall not be
unreasonably withheld. In the event this Agreement or a
memorandum thereof, is recorded, the Buyer shall place in escrow
with the Seller a release of this Agreement in the event this
Agreement shall become null and void, which release shall be
held in escrow by the Seller' s attorney.
14 . Construction of Agreement
.... .... .. .....
This Agreement, to be construed under the laws of the State
of Vermont, sets forth the entire agreement of the parties, and
may only be amended by written instrument signed by both
parties . This Agreement is binding upon and inures to the
benefit of the parties hereto, their respective heirs,
successors and assigns, and may be canceled, modified or amended
only by a writing executed by the parties hereto or their legal
- 4 -
DRAFT January 20, 2009
representatives. All of the Buyer' s rights hereunder may be
assigned. All notices, demands and other communications
hereunder shall be in writing and shall be deemed to have been
duly given on the date of service if served personally, or three
days after the date of mailing if sent by first class mail,
postage prepaid, addressed as follows:
To Seller: Chuck Hafter, City Manager
575 Dorset Street
South Burlington, VT 05403
To Buyer: Marcy Marceau
54 Steele Road
Sharon, VT 05065
Either party may change their address for the purposes of
this paragraph by giving the other party notice of the new
address in the manner described herein. If any provision of
this Agreement is determined to be invalid or unenforceable, it
shall not affect the validity and enforcement of the remaining
provisions hereof. In the event either party is required to
seek judicial action to enforce the terms of this Agreement, the
prevailing party shall be entitled to costs, including
reasonable attorney's fees,
IN WITNESS WHEREOF, Seller and Buyer have signed and sealed
this Agreement as of the date first above written.
WITNESSES:
STATE OF VERMONT
. ss.
COUNTY OF CHITTENDEN)
At on the day of
2009, personally appeared
acknowledged this instrument by sealed and subscribed, to
be free act and deed.
Before me,
Notary Public
My Commission Expires :
STATE OF VERMONT
5
DRAFT January 20, 2009
: ss .
COUNTY OF CHITTENDEN)
At on the day of ,
2009, personally app. _
ea-red.
acknowledged this instrument by sealed and-subscribed, to
be free act and deed.
Before me,
Notary Public
My Commission Expires:
WITNESSES : CITY OF SOUTH BURLINGTON
By:
Its duly authorized agent
STATE OF VERMONT
. ss.
COUNTY OF CHITTENDEN)
At on the day of ,
2009, personally appeared duly
authorized agent of the City of South Burlington. , and he
acknowledged this instrument by him, sealed and subscribed, to
be his free act and deed, and the free act and deed of the City
of South Burlington.
Before me,
Notary Public
My Commission Expires:
son09-002-1.ret;
_ 6 _
Questions for the public:
How do you use Channel 17? Do you watch it regularly, or just catch it while channel
surfing?
Do you watch events on-line?
If not, did you know that Channel 17 was available on-line?
If so, is the web site user-friendly? Explain.
What civic programs would you like to see covered?
How would you improve the service?
Questions for Lauren-Glenn Davitian:
Do you forecast that Comcast will continue to fund Channel 17 to adequate levels?
Has the movement to satellite tv(Directs and Dish)hurt the revenue coming to Channel
17? (given that the level of revenue is a percentage of Comcast gross receipts)
20 °S FIRST/SECOND CLASS LI
QUOR LICENSE APPLICATION
License Year: May 1st through April 30th of following year
Please file application in duplicate
J rkc 4< -
PritA141.1 Nam f Perso d'artnershi
i p; ;orporation, Club orL..C
Doing Business As Trade Name
/7�/D ii-- wait, 0P,2.
Stre ands eet nu er of remi s covered this a 1 ation
de A.r4
own ty'ZjpsCude 357
Telephone Number A t _ (D
Mailing Address (if different om above)
[FIRST CLASS ❑ SECOND CLASS
CYRESTAURANT
❑ 160TEL Fee for ANY FIRST class license paid to town/city$100.00/Fee to DLC$100.00
[gM
ABARET Fee for SECOND class license paid to town/city$50.00/Fee to DLC$50.00
❑ CLUB
TO THE CONTROL COMMISSIONERS OF THE TOWN/CITY OF 1, ERMONT
Application is hereby made for a license to sell malt and vinous beverages under and in accord e with Title 7, Vermont
Statutes Annotated, as amended, and certify that all statements, information and answers to questions herein contained are
true; and in consideration of such license being granted do promise and agree to comply with all local and state laws;and to
comply with all regulations made and promulgated by the Liquor Control Board. Upon hearing, the Liquor Control Board
may,in its discretion, suspend or revoke such license whenever it may determine that the law or any regulations of the Liquor
Control Board have been violated, or that any statement,information or answers herein contained are false.
MISREPRESENTATION OF A MATERIAL FACT ON ANY LICENSE APPLICATION SHALL BE GROUNDS FOR
SUSPENSION OR REVOCATION OF THE LICENSE,AFTER NOTICE AND HEARING
If this location was previously licensed, please indicate name /��f/ huheth l P
I/we are applying as:
❑ INDIVIDUAL ❑ LIMITED LIABILITY COMPANY
❑/PARTNERSHIP
Li/CORPORATION
Please fill name, address, social security number, date and place of birth of individual,partners, or directors or members.
LEGAL NAME STREET/CITY AND STATE PLACE OF BIRTH
�� .e��01- i 2ieh e fie„) ,� ,-,ram
Are all of the above citizens of the United States and residents of VERMONT? z/Yes No
(Note: Resident Alien is not considered a U.S. Citizen)
If naturalized citizen please fill out the following:
Name Court where naturalized/Location (City, State,/Zip) Date
CORPORATE INFORMATION
If you have checked the box marked CORPORATION, please fill out this information for stockholders (attach
sheet if necessary).
7L NAME STREET/CITY AyD STATE /� PL OF BIRTH-
i"÷//417.'el 5-3/Viet-:0‘
.//,‘,4
L
, ,_ , _
. .
L.
i Date of incorporation : Q=j -,e Is corporate charter now valid? /fix
Corporation Federal Identification Number 70 -47f.-- -0s
Have yoz/registered your corporation and/or trade name with the Town/City Clerk? e. and/or Seceretary of
State? e,S . (as required by VSA Title 11 1621,1623& 1625).
ALL APPLICANTS
HAVE ANY OF THE APPLICANTS EVER BEEN CONVICTED OR PLEAD GUILTY TO ANY CRIMINAL OR MOTOR
VEHICLE OFFENS IN ANY COURT OF LAW (INCLUDING TRAFFIC TICKETS BY MAIL)?
YES --f/— NO
If yes, please complete the following information: (attach sheet if necessary)
Name Court/Traffic Bureau Offense Date
Do any of the applicants hgld any elective or appointive state,county, city,village/town office in Vermont(See VSA,T. 7,Ch. 9,
§223)? Yes .No If yes,please Complete the following information:
Name Office - Jurisdiction
iPlease give name, title and date attended of Ina-nag �rr, ctor, partner or individual who has attended a Liquor Control
_License Education Seminar, as required'<Ed egula No. 3:
NAME: j 6
TITLE: f),eze'r--
DATE: 77 - dui -D7-.
(If you have not attended a Education Seminar prior to making application, please contact your Liquor Control Investigator
in your.area regarding this mandatory training.), .
FOR ALL APPLICANTS: DESCRIPTION/LOCATION OF PREMISES (Section 4)
Description of the premises to be licensed: xa/D `�/X�. 4ect ,ref
Does the applicant own premises described? ,1 If not owned, does applicant lease premises?
If leased,name and address of lessor who holds title of property:
1/as 4 ,0 7t- ce o,'vf` "ed
,9r®,c , /l 4s 0/
Are you making this application for the benefit of any other party? A/1,
FIRST CLASS APPLICANTS: No first class license may be issued without the following information.
HEALTH LICENSE # : Food Lodging (if licensed as a Hotel)
VERMONT TAX DEPARTMENT: Meals & Rooms Certificate/Business Account#
Business is devoted pri arily to: (Circle one)
FOOD estattrant) ‘fr-/ ENTERTAINMENT (cabaret) HOTEL CLUB
• If you are considering Outside Consumption service on decks, porches, cabanas, etc. you must complete an
Outside Consumption Permit. Please request this form from your Town/City or from the Department of Liquor
Control.
Will applicant apply for a third class (spirituous liquor) license? Yes No
CABARET APPLICANTS ONLY:
Applicant hereby certifies that the sale of food shall be less in amount or volume than the sales of alcoholic bev-
erages and the receipts from entertaining and dancing; if at any time this should not be the case, the
applicant/licensee shall immediately notify the Department of Liquor Control of this fact.
Signature of Individual, Partner, or authorized agent of Corporation.
ALL APPLICANTS MUST COMPLETE AND SIGN BELOW
The applicant(s) understands and agrees that the Liquor Control Board may obtain criminal history
record information from State and Federal repositories prior to acting on this application.
I/We hereby certify, under pains and penalties of perjury, that I/We are in good standing with respect to
or in full compliance with a plan approved by the Commissioner of Taxes to pay any and all taxes due the State
of Vermont as of the date of this application. (VSA, Title 32, §3113).
In accordance with 21 VSA, §1378 (b) I/We certify, under pains and penalties of perjury, that I/We are in
good standing with respect to or in full compliance with a plan to pay any and all contributions or payments in
lieu of contributions due to the Department of Employment and Training.
If applying as an individual :I/We hereby certify that I/We are not under an obligation to pay child support or
that I/We are in good standing with respect to child support or am in full compliance with a plan to pay any and
all child support payable under a support order. (VSA, Title 15, §795)
Dated at -e7.� —� in the County of �„ and State of G% d-X/
this Zo day of �d—/,- , , 20 d
orat. Club : Si ture of Authorized Agent Individuals/Partners Signature (All partners must sign)
/ r
7 K/---------'
(Title)
Upon being satisfied that the conditions precedent to the granting of the license as provided in Title 7 of the
Vermont Statutes Annotated, as amended, have been fully met by the applicant, the commissioners will endorse
their recommendation on the back of the applications and transmit both copies to the Liquor Control Board for
suitable action thereon, before any license may be granted. For the information of the Liquor Control Board, all
applications shall carry the signature of each individual commissioner registering either approval or disapproval.
Lease or title must be recorded in town or city before issuance of license.
". or 1 rV ✓ermont, J /(0 O
n/City Date
APPROVED DISAPPROVED
Approved by Board of Control Commissioners of e City o Town (circle one) ofr -JOrl/ ' \
Total Membership members present
Attest,
City or Clerk
TOWN OR CITY CLERK SHALL MAIL BOTH COPIES OF APPLICATIONS DIRECTLY TO THE
DEPARTMENT OF LIQUOR CONTROL, GREEN MOUNTAIN DRIVE, DRAWER 20, MONTPELIER,
VERMONT 05620-4501. If application is disapproved, local control commissioners shall notify the applicant by
letter.
No formal action taken by any agency or authority of any town board of selectmen or city board of aldermen on a
first or second class application shall be considered binding except as taken or made at an open public meeting.
VSA Title 1 §312.
NOTICE: After local action, all new applications are investigated by the Enforcement and Licensing Division
prior to approval/disapproval of the license by the Liquor Control Board.
SECTION 5111 AND 5121 OF THE INTERNAL REVENUE CODE OF 1954 REQUIRE EVERY RETAIL
DEALER IN ALCOHOLIC BEVERAGES TO FILE A FORM ANNUALLY AND PAY A SPECIAL TAX
IN CONNECTION WITH SUCH SALES ACTIVITY. FOR FURTHER INFORMATION, CONTACT
THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS (TTB) (513) 684-2979
DEPARTMENT OF THE TREASURY
550 MAIN STREET, CINCINNATI, OH 45202
IF,
south
Charles E. Hatter, City Manager
Memorandum
January 15, 2009
To: Chair and City Council
From: Chuck Hafter, City Manager 6,4\
Re: Tax Value of properties scheduled to be acquired by Burlington International Airport
Attached is a listing of properties to be acquired by BIA, in accordance with the phasing
plan described at the January 5, 2009 meeting. The spread sheet includes street address,
parcel id, land and building values, total value and (for each phase) total tax revenue lost
to the City based on the value of the buildings to be torn down.
The numbers are based on the assumptions that the land value remains on the tax rolls,
the value of the homes do not increase prior to airport purchase and the tax rate remains
at 2009 levels. Obviously, some of these variables will change, but the data gives you a
good starting point of information.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com
City of South Burlington
Analysis of Proposed Airport Property Acquisition Program
Parcel ID Land Building Total
2009 Acquisitions Airport Pkwy 0020-00120 $ 66,700 $ 200,300 $ 267,000
Dumont Ave 0590-00061 $ 69,900 $ 161,100 $ 231,000
0590-00076 $ 69,400 $ 136,600 $ 206,000
Picard Cir 1335-00004 $ 34,800 $ 192,200 $ 227,000
1335-00006 $ 34,800 $ 192,200 $ 227,000
1335-00008 $ 35,000 $ 190,500 $ 225,500
1335-00010 $ 35,000 $ 213,200 $ 248,200
1335-00012 $ 69,200 $ 180,700 $ 249,900
White St 1800-00400 $ 65,700 $ 156,000 $ 221,700
$ 480,500 $ 1,622,800 $ 2,103,300
Annual Tax @ 1.757 $ 28,513
Phase 12010-2012 Air
port Dr 0010-01141 $ 58,500 $ 95,300 $ 153,800
0010-01153 $ 58,500 $ 224,900 $ 283,400
0010-01155 $ 59,400 $ 138,100 $ 197,500
0010-01223 $ 77,600 $ 86,100 $ 163,700
0010-01227 $ 70,000 $ 145,600 $ 215,600
0010-01253 $ 58,600 $ 112,300 $ 170,900
0010-01261 $ 60,400 $ 175,700 $ 236,100
0010-01371 $ 58,400 $ 148,300 $ 206,700
0010-01379 $ 58,400 $ 106,900 $ 165,300
0010-01383 $ 58,400 $ 138,300 1 $ 196,700
0010-01387 $ 58,400 $ 114,800 $ 173,200
Airport Pkwy 0020-200-2 $ 68,500 $ 204,800 $ 273,300
Delaware St 0550-00004 $ 69,000 $ 152,600 $ 221,600
Dumont Ave 0590-00025 $ 69,500 $ 125,100 $ 194,600
0590-00031 $ 69,500 $ 126,700 $ 196,200
0590-00037 $ 69,500 $ 119,400 $ 188,900
0590-00038 $ 68,900 $ 136,700 $ 205,600
0590-00044 $ 68,900 $ 116,300 $ 185,200
0590-00057 $ 70,400 $ 130,800 $ 201,200
0590-00060 $ 69,300 $ 132,900 $ 202,200
0590-00064 $ 68,900 $ 183,100 $ 252,000
0590-00068 $ 69,500 $ 170,100 $ 239,600
0590-00072 $ 69,900 $ 118,700 $ 188,600
0590-00073 $ 68,900 $ 173,200 $ 242,100
0590-00077 $ 68,900 $ 147,600 $ 216,500
0590-50524 $ 70,700 $ 227,500 $ 298,200
Elizabeth St 0620-00003 $ 69,200 $ 138,400 $ 207,600
Ledoux Terr 1020-00002 $ 68,900 $ 114,700 $ 183,600
Maryland St 1130-00005 $ 68,700 $ 138,700 $ 207,400
1130-00007 $ 68,900 $ 189,400 $ 258,300
$ 1,992,600 $ 4,333,000 $ 6,325,600
Annual Tax @ 1.757 $ 76,131
City of South Burlington
Analysis of Proposed Airport Property Acquisition Program
Parcel ID Land Building Total
Phase II 2013-2015 Airport Dr 0010-01083 $ 58,700 $ 173,700 $ 232,400
0010-01085 $ 58,800 $ 142,400 $ 201,200
0010-01089 $ 58,800 $ 133,300 $ 192,100
0010-01181 $ 58,400 $ 105,300 $ 163,700
0010-01185 $ 58,500 $ 142,600 $ 201,100
0010-01195 $ 58,400 $ 88,800 $ 147,200
0010-01233 $ 59,500 $ 119,600 $ 179,100
0010-01265 $ 59,500 $ 116,900 $ 176,400
0010-01371 $ 58,400 $ 148,300 $ 206,700
0010-01375 $ 68,700 $ 108,200 $ 176,900
0010-10791 $ 59,000 $ 173,800 $ 232,800
Delaware St 0550-00001 $ 68,600 $ 152,300 $ 220,900
0550-00002 $ 69,000 $ 170,400 $ 239,400
0550-00003 $ 68,600 $ 104,900 $ 173,500
0550-00005 $ 68,800 $ 145,700 $ 214,500
Delaware St 0590-00011 $ 68,400 $ 148,000 $ 216,400
Dumont Ave 0590-00065 $ 70,100 $ 126,400 $ 196,500
0590-00069 $ 70,600 $ 129,100 $ 199,700
Elizabeth St 0620-00001 $ 69,200 $ 149,700 $ 218,900
0620-00006 $ 68,600 $ 155,600 $ 224,200
Ledoux Terr 1020-00006 $ 68,900 $ 148,500 $ 217,400
1020-00008 $ 68,900 $ 144,000 $ 212,900
1020-00012 $ 70,400 $ 139,100 $ 209,500
Maryland St 1130-00001 $ 70,100 $ 217,200 $ 287,300
1130-00003 $ 68,900 $ 163,600 $ 232,500
1130-00010 $ 70,100 $ 193,100 $ 263,200
1130-00013 $ 68,900 $ 185,600 $ 254,500
Pump Lane 1408-00087 $ 70,200 $ 202,500 $ 272,700
White Street 1800-00390 $ 63,700 $ 151,000 $ 214,700
1800-00397 $ 65,400 $ 228,600 $ 294,000
1800-00405 $ 62,900 $ - $ 62,900
1800-00420 $ 62,000 $ 259,100 $ 321,100
1800-00441 $ 64,100 $ 163,900 $ 228,000
1800-00448 $ 62,100 $ 148,000 $ 210,100
1800-00449 $ 61,800 $ 120,000 $ 181,800
1800-00451 $ 62,100 $ 166,100 $ 228,200
_ $ 2,339,100 $ 5,365,300 $ 7,704,400
Annual Tax @ 1.757 $ 94,268
City of South Burlington
Analysis of Proposed Airport Property Acquisition Program
Parcel ID Land Building Total
Phase Ill 2016-2018 Airport Pkwy 0020-00098 $ 69,300 $ 132,700 $ 202,000
0020-00104 $ 69,300 $ 136,600 $ 205,900
0020-00110 $ 66,700 $ 163,300 $ 230,000
0020-00121 $ 69,200 $ 134,300 $ 203,500
0020-00127 $ 65,800 $ 130,500 $ 196,300
0020-00165 $ 72,900 $ 224,100 $ 297,000
0020-00184 $ 71,200 $ 150,600 $ 221,800
0020-00196 $ 71,700 $ 269,400 $ 341,100
0020-00221 $ 68,400 $ 205,500 $ 273,900
0020-00223 $ 68,900 $ 234,700 $ 303,600
0020-00225 $ 68,900 $ 284,400 $ 353,300
0020-00615 $ 110,000 $ 223,600 $ 333,600
0620-00005 $ 69,200 $ 180,100 $ 249,300
Ledoux Terr 1020-20-22 $ 68,700 $ 178,500 $ 247,200
Maryland St 1130-00017 $ 69,400 $ 176,800 $ 246,200
1130-00023 $ 69,500 $ 191,400 $ 260,900
North Henry Ct 1221-00038 $ 69,200 $ 129,400 $ 198,600
1221-00053 $ 68,900 $ 180,100 $ 249,000
1221-00054 $ 70,100 $ 189,900 $ 260,000
Patrick St 1300-00001 $ 69,400 $ 147,200 $ 216,600
1300-00002 $ 69,400 $ 143,200 $ 212,600
1300-00003 $ 69,500 $ 128,200 $ 197,700
1300-00004 $ 69,200 $ 126,100 $ 195,300
1300-00006 $ 69,200 $ 129,200 $ 198,400
South Henry Ct 1585-00011 $ 68,800 $ 171,200 $ 240,000
1585-00021 $ 68,800 $ 178,100 $ 246,900
1585-00035 $ 70,400 $ 135,600 $ 206,000
1585-00049 $ 69,800 $ 135,400 $ 205,200
$ 1,981,800 $ 4,810,100 $ 6,791,900
Annual Tax @ 1.757 $ 84,513
j Phase IV 2019+ Kirby Road 0990-00110 $ 75,100 $ 156,000 $ 231,100
0990-114-6 $ 81,700 $ 221,000 $ 302,700
0990-00141 $ 69,700 $ 202,400 $ 272,100
0990-00161 $ 69,700 $ 200,200 $ 269,900
0990-00171 $ 69,600 $ 153,600 $ 223,200
0990-00181 $ 75,400 $ 99,900 $ 175,300
0990-00191 $ 68,900 $ 147,500 $ 216,400
0990-00195 $ 69,000 $ 115,900 $ 184,900
0990-00199 $ 69,400 $ 114,900 $ 184,300
North Henry Ct 1221-00039 $ 69,200 $ 149,700 $ _ 218,900
1221-00025 $ 69,200 $ 116,200 $ 185,400
1221-00015 $ 69,200 $ 206,900 $ 276,100
1221-00024 $ 69,100 $ 127,800 $ 196,900
1221-00010 _ $ 68,900 $ 141,300 $ 210,200
$ 994,100 $ 2,153,300 I $ 3,147,400
Annual Tax @ 1.757 $ 37,833
Total Phases $ 7,788,100 $ 18,284,500 $ 26,072,600
1 Annual Tax @ 1.757 $ 321,259
Stealing The American Dream
The City of Burlington owns & operates the Burlington International Airport for a
profit. Using noise as an excuse, Burlington International Airport has purchased 113
single family "starter homes" in So Burlington, and plans to take 110 more over the next
ten years. "Re-use areas" will become available for Airport development to compete with
our existing businesses, hotels, & stores.
These purchases are made possible by a Federal Noise Abatement program that
provides the City of Burlington"free money"to expand. This program is "voluntary", but
when the houses next to yours are either boarded up or quickly knocked flat& hauled
away, the notion that"no one is being forced to sell their home" is ridiculous.
The Airport is bounded to the north& east by the Winooski River. To the south, US
RT 2 borders the Airport property. The only direction the airport can expand is westward,
into So Burlington's Airport neighborhood, an aging collection of working class single
family homes built on the same flat, sandy ground the Airport is built on.
We are told to "sacrifice for the greater good of the community". The Airport expands
while using our roads, depopulating our schools, enjoying our Police & Fire protection, &
polluting our yards &homes with noise.
For 10 of the past 12 years, the Airport has enjoyed the financial benefit of a"Tax
Stabilization Agreement", negotiated behind closed doors by the So Burlington City
Council (as provided for in the City Charter). Assessed at $21 million for tax purposes,
the Airport paid taxes on only $11 million in assessed property value.
This is where the numbers don't add up. 100 starter homes at $200,000 each totals $20
million. Another 100 homes over the next 10 years brings the property value lost to
airport expansion to $40 million over 20 years. Remember,this does not include the
Airport's existing property assessed 15 years ago at$21 million (consider the value of the
other 23 houses to be equal to the assessed value of the vacant lots).
On several occasions since reappraisal, I have stopped by the City Tax Office to
inquire what the Airport is paying in property taxes. I have not been able to get an
answer. Under the current system, the City Charter allows back room deals to be made to
reduce the Airport's tax burden with little or no explanation to the public.
It is reasonable to insist that this negotiating process should immediately become
completely transparent. The property tax assessment on the Burlington International
Airport should be public record, & should list every piece of real estate held by the City
of Burlington, Burlington Community Land Trust, GBIC, & all other Municipal and
County entities on behalf of the Airport.
The Airport's plan includes promoting "a variety of housing types". Clusters of condo
style homes on shared land fits Burlington's template, not the needs of Chittenden
County's struggling young families, who have 223 fewer affordable starter homes to
choose from.
The American Dream of owning our own homes on our own land is being stolen from
us by the City of Burlington using Federal dollars in order to turn a profit. We are
subsidizing Burlington's Airport through increased Federal taxes, increased property tax
burdens, higher shared school costs, & higher housing costs. Can we, the citizens of
South Burlington, do better than this? Of course we can. Absolutely!
Linus Leavens 802-863-1134 802-373-8089 leavensantiques@verizon.net