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HomeMy WebLinkAboutAgenda - City Council - 12/19/2011 40 114 southbvi ;r it 5 ri -,.. VqMUNr' AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall Conference Room 575 Dorset Street SOUTH BURLINGTON, VERMONT Executive Session 6:30pm Monday, Dec. 19, 2011 Consider entering executive session to discuss personnel,contract negotiations and litigation. Regular Session 7:30 P.M. Monday, Dec. 19, 2011 1. Agenda Review: Additions,deletions or changes in order of agenda items. 2. Comments and questions from the public(not related to the agenda). 3. Announcements and City Manager's Report. • ***Stan Bradeen resignation from the Recreation&Leisure Art Committee. 4. ***Public Hearing &Second Reading of Draft Land Development Regulations approved by Planning Commission (Paul Conner, Director of Planning&Zoning). 5. ***Presentation by Staff and National Gardening Association Regarding Ongoing Discussions(Sandy Miller and Bob Rusten, City of South Burlington,and Mike Metallo, President and CEO, NGA). 6. ***Consider a Resolution to Establish an Interim Zoning By-law and set a Public Hearing on the Interim By- Law for Tuesday,January 17,2012(Councilors Dooley and Greco). 7. ***Consider ratification of submission of the Car Seat Education Grant(Trevor Whipple, Police Chief). 8. ***Consider approval of Settlement Agreement with Mr.John O'Connor. 9. Consider approval to forward insurance proceeds to Dorset Park Skating Association and consider waiver of permit fees. 10. ***Consider approval of the changes to the 2011 Grand List due to errors or omissions (City Staff). 11. Other Business. 12. ***Review and approve minutes from regular meeting held on Nov 21,2011. 13. Sign disbursement orders. 14. Consider entering executive session to discuss personnel,contract negotiations and litigation. 15. Adjourn. Respectfully Submitted: Sanford I. Miller,City Manager """Attachments Included South Burlington City Council Meeting Participation Guidelines The City Council Chair is presenting these guidelines for public participation and attendance at City Council meetings in an effort to insure that everyone has a chance to be heard and meetings function as smoothly as possible. 1. Please raise your hand to be recognized to speak. The Chair will make every effort to recognize the public in the order in which hands are raised. 2. Once recognized by the Chair,please identify yourself to Council. 3. If the Council has suggested time limits, please respect them. Time limits will be used when they can aid in making sure everyone is heard and sufficient time is available for Council to conduct business items. 4. In order for City Councilors and other members of the audience to hear speakers'remarks,side conversations between audience members should be kept to an absolute minimum. The hallway outside the Community Room is available should people wish to chat more fully. 5. Please address the Chair. Please do not address other audience members or staff or presenters and please do not interrupt others when they are speaking. 6. Make every effort not to repeat the points made by others. 7. The Chair will make reasonable efforts to allow everyone who is interested in participating to speak once before speakers address the Council for a second time. 8. Council desires to be as open and informal as possible within the construct that the Council meeting is an opportunity for Councilors to discuss,debate and decide upon policy matters. Council meetings are not"town meetings". To this end,after the public has had the opportunity to make comments,the Chair may ask that discussion be among Councilors. 44 Laurel Hill Drive South Burlington, VT 05403 10-December-2011 Thomas Hubbard, CPRP Director South Burlington Recreation & Parks Dept. 575 Dorset Street South Burlington, VT 05403 Dear Tom, This letter is to confirm our conversations. For some time I have not had the time to regularly attend the meetings of the South Burlington Recreation and Parks Department. I have been and will continue to be happy be supporter of the department. And I remain interested in the stewardship of and improvements to Red Rocks Parks. However, I believe it is time to provide you and the city with this letter of resignation so that the city can officially seek a replacement for my position on the Recreation & Parks Committee. It is always a pleasure to work with you, and I hope to have the time to do so again. Sincerely yours, Stan Bradeen 1I4% southbutlington PLANNING & ZONING MEMORANDUM TO: South Burlington City Council & City Manager FROM: South Burlington Planning Commission Paul Conner, Director of Planning & Zoning SUBJECT: Public Hearing & Second Reading of Draft Land Development Regulations approved by Planning Commission DATE: December 19, 2011 City Council meeting The Council voted on November 21st to warn a public hearing on the enclosed draft amendments to the Land Development Regulations. This followed a public hearing and approval by the Planning Commission on November 8th. The Commission discussed and reviewed these amendments over the course of twelve (12) meetings during 2011. The vote to approve was unanimous on all items. Below is a brief description of each of the proposed amendments. The numbers correspond to each of the items in the enclosed draft amendment. Attached as well is a brief summary report describing the relationship between the proposed amendments and the City's Comprehensive Plan, as required by State law. The description of the amendments is the same as that provided to the City Council on November 21. Note: The proposed amendments include two items that show asterisks [Item III, Section 3.07(C) and Item X, Section 9.05 (B)]. These are intended to reflect the effective date of the adoption of the regulations (21 days following an approval vote). Should the Council opt to adopt these regulations, staff recommends the motion include adding the date of January 9, 2011 to these two areas. Potential Action: Following the public hearing, the City Council may vote to adopt the enclosed draft amendments to the Land Development Regulations. If the Council wishes to make any substantive changes to the amendments as presented for public hearing, it may do so but must warn a new public hearing and submit a copy of the proposed amendments to the Planning Commission to amends its analysis report. I: Bonding Requirements This series of amendments would refine the performance bonding requirements to comply with state law and codify best practices within the city. These amendments coordinate with changes in 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com internal procedures as recommended by the City Auditor in the spring. Specifically, the amendments would: (1) Require that public infrastructure bonds be in place for a minimum of three (3) years and a maximum of six (6) years, pursuant to state law. (2) Adjust time for other bonds to all be two (2) or three(3) years (3) Clarify roles and responsibilities amongst staff (4) Require the DRB to determine the final bonding amounts for all bonds (5) Align rules with state law. The requirement for infrastructure bonds to last a maximum of three years (plus an additional three with the applicant's concurrence) is less than ideal for the city. Our current practice is to require them to be held until 2 years after the project is complete, regardless of timeframe. The revised standard is, however, the maximum allowed under State Law. II: Digital Submission requirements These amendments would require all development review applications to be submitted in digital form, in addition to paper form. III: Heights of Buildings These amendments would restructure the format for determining maximum numbers of stories in buildings, reduce maximum heights of buildings in lower-density residential neighborhoods and for single-and two family homes, eliminate height waivers in lower-density residential districts, and amend definitions for heights. They would also establish new standards for compatibility. New homes or additions within residential zoning districts will need to be no greater than one (1) story taller than the abutting house with the fewest number of stories. Finally, the amendments would establish maximum numbers of stories within lower-density residential districts facing streets, and differential between regular stories and stories within roofs. New drawings have been prepared to illustrate each of these. IV: Fee Structures and Notifications These amendments would require applicants to carry the cost and responsibility of public notifications of public hearings to abutting property owners. The regulations are presently silent on the issue. In the past, the city would prepare the abutters' lists, pay for the mailing costs, and take responsibility for accuracy. In the past year, we have required that the applicant provide pre- stamped, pre-addressed envelopes,but have physically done the mailings in house. This amendment would place the complete responsibility on the applicant for costs as well as legal responsibility for accuracy, as allowed under state law. The applicant will be required to provide the city with a sworn certificate of service. V: Use Definitions These amendments would refine or eliminate several use definitions with the Land Development Regulations. Specifically: 2 (1) Health Care Facility(eliminated because it is redundant with"Medical Office") (2) Place of Worship (amend to allow certain uses within the facilities such as day care, recreation, personal instruction) (3) Research Facility or Laboratory(revised definition) (4) Outdoor recreation facility(revised definition) (5) Social Services (revised and clarified) VI: Technical Amendments These amendments would adjust references to sections with the LDRs and correct a public works standard to best practices. VII: Transit Relationship to Zoning These amendments would create a stronger relationship between land uses and public transportation. Included in the amendments are the establishment of a Transit Overlay District, which would prescribe that certain land uses may be placed within '/ mile of a transit line, regardless of whether they are generally allowed in a particular zoning district. Several land use categories—hotels, medical offices, social services, congregate care facilities, extended stay hotels, and skilled nursing facilities—would be permitted principally in transit-services areas. Additionally, offices would be prohibited in non-transit-served portions of the R7 and R12 zoning districts. VIII: Conditional Use Standards These amendments would create consistency between State law and local regulations, as required by the 24 Chapter 117 amendments of 2003. IX: Nonconformities These amendments would create consistency between State law and local regulations, as required by the 24 Chapter 117 amendments of 2003. Included among these is the establishment of standards for adjustments to a"nonconforming lot or parcel". In addition, minor clarifications within the LDRs would be enacted. X: Units in a Structure These amendments would establish maximum numbers of dwellings units that may be in a structure in lower-density residential zoning districts, specially, the R1, R2, QCP, and residential SEQ subdistricts. At present, while there is a maximum density in these districts, there is no limitation on the numbers of housing units that may be within a particular structure. These amendments would complement a similar amendment that limited the number of housing units within a structure in the R4 district to four(4). XI: Side and Rear Dimensional Standards This amendment would establish a minimum setback for principal structures in PUDs adjacent to residential zoning districts equal to the minimum allowed in that adjacent district. In effect, it would require a"mirroring" of whatever setback is required for the adjacent property 3 XII: Use Changes In addition to items noted under"transit-relationship to zoning, " these amendments would adjust the table of uses as follows: (1) Allow places of worship to be reviewed as "permitted uses" rather than"conditional uses", as required by state law. (2) Allow multi-family housing within the Cl-Auto District (3) Allow Drive-in-Banks within the Cl-Auto District (4) Prohibited retail "retail warehouse outlet" in the I/O District (5) Eliminate the land use category of"clinic, medical, dental, or optical" (6) Amend the table's legend. 4 South Burlington City Council Land Development Regulations Draft Amendments for 12-19-2011 Public Hearing Draft Amendments to Land Development Regulations Key to amendments: Proposed additions are bold and underlined Proposed NOTES FOR CLARITY ARE IN SMALL CAPITAL LETTERS I: BONDING REQUIREMENTS Article 3: General Provisions 3.09 Multiple Structures and Uses E. Occupancy of Principal Building During Construction of, nother Princ , fiding. In cases where an applicant proposes to construct a rincip uilding on a to t already m has a principal building and then to remove or demolishexi wilding, theF pplicant may use or occupy the existing building during construction o ',few principal building under the following circumstances: (1)the existing building is legal for occupancy and use. (2) the applicant shall construct and oc new principal Jg within one(1) year of issuance of the zoning permit. (3) The existing building shall be demolyhe nd within one(1) year of the construction and occu_ e cv of the nev rincipal�b t lding. 3 4 the applicant shah"` ;t vide a suitable ���� bond or other security in t�ve-fir accordance with Section�` 5.15 of these Regulations for the cost of demolishing or .. removing th st builder itom ch b _`d ea .ho the pl nt o the • 4U •x 3.12 Alt ation of f I $` Grade B. lards and Conditions for Approval. (2) Development Review Board, in granting approval may impose any c deems necessary, including, but not limited to,the following: (a) ration or phasing of the permit for any length of time. (b) r Submission of an acceptable plan for the rehabilitation of the site at the conclusion of the operations, including grading, seeding and planting, fencing, drainage, and other appropriate measures. (c) Provision of a suitable bond or other security in accordance with Section 15.15 adequate to assure compliance with the provisions of this Section these Regulations. (d) Determination of what shall constitute pre-construction grade under Section 3.07, Height of Structures. 1 South Burlington City Council Land Development Regulations Draft Amendments for 12-19-2011 Public Hearing Article 13— Supplemental Regulations 13.16 Earth Products C. Conditions of Approval. The Development Review Board, in granting its approval, may impose conditions on the following: (1) Duration of the permit for any length of time that the Development eview Board deems appropriate. $4. (2) Submission of an acceptable plan for the rehabilitation of the s at t e conclusion of the operations, including grading, seeding and planting, fencing,-draanage, and other appropriate measures. (3) Hours of operation, routes of transportation, and amo., materialmatefiaWbe removed. (4) Provision of a suitable bond or other security in ac6 with Section 15.15 adequate to assure compliance with the provisions off these Regulation . Article 14— Site Plan & Conditional use Review ` 54, 14.05 Application, Review,and Approval Procedure K. Bonding Requirements. The own eloper shall providea suitable performance bond, escrow account,or letter of credit in accordancewith Sections 15.15 and 15.16 of these Regulations. 2.. . -- -- ,. - - • faio . - ' - - . .. . - - - -- - - - - - Article 15— Subdi Plan Unit Devel s F •nt Review • 15.14 Required Public Facilities and °e ., a ents E. Proper Installation of Public ' 'ties and Improvements 4 to constructs required public facilities and improvements, the subdivider or deg ' er shall sub' contract documents and working drawings, certified by a licensed engineer, for the required improvements to the City Engineer or his designee*o ,appro ,al. The City Engineer or his designee shall give his approval or denial within a r wo weeks. If requested by the subdivider or developer, the City shall peg make reasonable periodic inspections and, as soon as possible, in writing, notify the subdivider or developer of any deficiencies found. (2) Within fourteen(14) days of completion of the public facilities and improvements, the subdivider or developer shall submit to the City Engineer as-built construction drawings, certified by a registered licensed engineer. The City Engineer shall then inspect the required public facilities and improvements within forty-five(45) days after said submission and determine if all the required improvements have been constructed in accordance with the submitted drawings and the final plat approval. He/she shall report 2 South Burlington City Council Land Development Regulations Draft Amendments for 12-19-2011 Public Hearing her findings within thirty(30) days, in writing, to the Administrative Officer with a copy to the subdivider or developer. In the event deficiencies are found and are not remedied by the subdivider or developer, within two (2) weeks of receipt of notice, or within an alternative period of time mutually agreed upon by the Administrative Officer and the subdivider or developer after receipt of notice,the Administrative Officer shall notify the b holder of the surety and take all necessary steps to preserve the City's rights under any performance bond, escrow account, or letter of credit. If all required public facilities and improvements are found to be properly completed, the Administrative Officer shall recommend that the City Treasure lease or close the performance bond, escrow account, or letter of credit in accordance with Section 15.15 of these Regulations. 15.15 Performance Bonds, Escrow Accounts and Letters of Credit. A. Public Facilities and Improvements. (1) As used in Sections 15.14, 15.15 and 15 1VPtlblic facilities and improvements.shall include,without limitation, sets, sidewalks, recreation paths, curbing, water and sewer mains and pipes, stormwate rastructure, pipes and catch basins, fire hydrants, parks,recreatiornal facihtie ina other improvements which are public or are intended too:.ecomepublic. µ (2) Before issuance of a zoning permit, the apUliCant, subdivider or developer shall furnish theellif with suitable performance bond, escrow account, or letter of credit in an amount sufficient to cover the full costs of all proposed public facilities and improv• nd ari a site imt ir&ements and their maintenance for two years after compC` 4 • (3) term. Such bonds, escrow accounts, or letters of credit shall run until the City Engineer has deemed the work to be complete in accordance with City approvals and regulations and for two years thereafter, but in no case for a longer term than three years. However, with the consent of the applicant, subdivider or developer, the term of that bond, escrow account or letter of credit may be extended for an additional period not to exceed three years. If any public facilities and improvements have not been installed or maintained as provided within the term of the bond, escrow account or letter of credit then the amount secured by the bond, escrow account or letter of credit shall be forfeited to the City. 3 South Burlington City Council Land Development Regulations Draft Amendments for 12-19-2011 Public Hearing C. The performance bond shall run for a term determined by the Development Review Board,but in no event shall it exceed three years. With the consent, however, of the subdivider period not to exceed three years. (4) Partial release of bond, escrow accounts or letters of credit for public facilities and improvements. Upon a determination by the City Engineer that a phase of the construction of public facilities and improvements is complete as provided in Article 15.14(E)(2),the Administrative Officer l'ecommend that the titV City Treasurer approve a partial release of the amount of a bond,escrow account or letter of credit equivalent to the phase or portion of the, i Dieted construction, up to a maximum of 90% of the original amount. Any amo .is that the City Treasurer releases shall not exceed the proportion,of the total p ct that has been built, up to a maximum of 90% of the original amoune The remaining 10% of the original amount of the bond, escrow account.'letter of credit onl `hall be released upon the determination of the City Engine that the ublic facilities iiit,e improvements have been maintained for two-v rs after the City Engineer determined the public facilities and improvements,to be complete. Upon a determination by the City Engineer that the publicpubliefatilities and improvements have been maintained as provided within the term of tliFkiird, escrow account or letter of credit,the Administrative Officea 9:v recommend that the City Treasurer approve the release of the remaining 11 e� i the original'amount. B. All other bonds, escrow accounts, or 1 e/i s of cr required by these Regulations. including but not limited to indscaping and' ite Restorations or rehabilitation, Earth Products and required` emolition and removal of buildings. (1) Before iss :s"ce o _ per 1, , the applicant, subdivider or developer shall furnish the C ifr w h a s ' �' rformance bond, escrow account, or letter of credi A ount sufficient to guarantee all landscaping and plantings as r paired u' ' icle and ny site restorations or rehabilitations as required :'" der Article 3�o►rrArticle 3 for a period as described in this section. (2) erm for B ds, Escrow Accounts, or Letters of Credit for demolition and removal_ buildings required by Article 3.09. Bonds, escrow accounts or letters of credit for demolition and removal of a principal building upon the construction and occupancof a new principal building, as required by Article 3.09 of these Regulations,shall run for a period of two (2) years. The Administrative Officer may recommend that the City Treasurer approve the release of the bond, escrow account or letter of credit upon a demonstration of compliance with Article 3.09(E)(3). If an applicant, subdivider or developer does not demonstrate compliance with Article 3.09(E)(3) as provided within the term of the bond, escrow account or letter of credit, then the amount secured by the bond, escrow account or letter of credit shall be forfeited to the City. 4 South Burlington City Council Land Development Regulations Draft Amendments for 12-19-2011 Public Hearing (3) Term for Other Bonds, Escrow Accounts, or Letters of Credit required by Articles 3, 13 and 14. All other bonds, escrow accounts, or letters of credit shall run for a period of three (3) years. However, with the consent of the applicant, subdivider or developer,the term of that bond, escrow account or letter of credit may be extended for an additional period not to exceed three years. If any required work has not been constructed, installed or maintained as provided within the term of the bond, escrow account or letter of credit then the amount secured by the bond, escrow account or letter of credit shall be forfeited to the City. C. Amount of Bonds. The amount of such bond, escrow account or Ietter of credit shall be established by the Development Review Board and shall be equal to: 100% of the estimated project costs for public facilities and improvements, plus a,i % contingency; or 100% of the estimated project costs for all other types of,.lbon s requiredby these Regulations. The applicant,subdivider or developer shallshiittti4e: sponsible.for,providing accurate cost estimates. Where amounts are not specified by these Regulatto ,the City Engineer shall review all cost estimates and provide,* recommendation to the ard, The Board may invoke technical review to confirm thetiiIiiquracy of estimates. +fie a i ii v l3 11 11 vv U1.liJ1 V Y l'l.[ 3{, , D. Form of Bonds, escrow accounts, and letter of credit. The form of any such bond, escrow account, or letter of credit shall be i proved b e ty Attorney and City Council and shall include procedures fo =:the City to make use of each funds in accordance with 24 VSA& 4464. E. "As-built" constructiondra la all be submitted inpaper and digital form to, and approved by, the Cites ' ' e e release of any bonds, or portions thereof; for the installationo required t �" vements. 15 ptance of Streets and Required Public Facilities and Improvements The appro the Devel• ent Review Board of a PUD or subdivision plat or a site plan shall not bedeemed to const; to or be evidence of any acceptance by the City of any streets, easements, waterk 1'e se4 facilities,Of open space, or other public facilities and improvements she the subdivision plat or site plan. Final acceptance of all proposed streets and required pudic facilities and improvements shall be in conformance with steps and procedures established by the City Council and/or appropriate City Commissions and/or Boards. Final acceptance shall not take place until after the City Engineer has determined that required public facilities and improvements have been satisfactorily completed and after all bonds, escrow accounts or letters of credit, other than an amount that maybe required to cover maintenance and for guarantee work for a two-year period, have been released or closed. 5 South Burlington City Council Land Development Regulations Draft Amendments for 12-19-2011 Public Hearing 15.17 Certificate of Title The final plat application for a minor or major subdivision or PUD shall be accompanied by a Certificate of Title showing the ownership of all property and easements to be dedicated or acquired by the City, and said Certificate of Title shall be approved by the City Attorney. All proposed legal documents purporting to convey property or easements to the City shall also accompany the final 1Lat application for a minor subdivision or major subdivision, and be approved by the City Attorney. All such deeds must be accepted by the City prior to the release II: DIGITAL SUBMISSION REQUIREMENTSVikPU Article 14—Site Plan & Conditional Use Review 14.05 Application, Review, and Approval Proce€u ' D. Application for Site Plan. A site plan application arc = e (5) sets of plans, including one copy reduced to 11" by 17" and ones in digital form;-'' drawn to scale, shall include the following information for the Adminis' ii*O `cer to deem aapplication complete and ready to send to the Development Review : gar ;, eview: I. Field Changes and A ilt Plans (2) As-Built.Plans (a) comp on of any de ment or redevelopment pursuant to an approved 't • ld changes as set forth in(1) above, and prior to the issuance •a certi1 ccupancy by the Administrative Officer, the applicant shall s to the Administrative Officer an as-built plans in paper and digital form, and certified by a licensed engineer, architect, landscapelandscaP-erarchitect o eyor, showing the location of all site improvements as constructe ch l_ ' shall be based on a field survey.p Article 15 division and Conditional Use Review ,fix „It 15.05 Sketch Plank eview A. Sketch Plan[Required for PUD and Subdivision. For the purpose of classification and initial review, any applicant for a subdivision or PUD of land shall, prior to submitting an application for subdivision approval, submit to the Administrative Officer at least ten days prior to a regularly scheduled meeting of the Development Review Board a sketch plan of the proposed PUD or subdivision, which shall include the following information in paper and digital form: 6 South Burlington City Council Land Development Regulations Draft Amendments for 12-19-2011 Public Hearing 15.06 Review and Approval of Minor Subdivisions B. Final Plat Requirements for Minor Subdivision Approval. Such plat shall conform to the layout shown on the sketch plan and shall incorporate any recommendations made by the Development Review Board. Such plat shall consist of one or more maps or drawings, with all dimensions shown in feet or decimals of a foot, drawn to a scale of not more than one hundred (100) feet to the inch, or not more than sixty(60) feet to the inch where lots have less than one hundred(100) feet of frontage, showing or accompanied by the following i formation in paper and digital form: 15.07 Master Plan Review and Approval C. Master Plan Review Process. (3) Master Plan Application.The mast n shallinsist of one or cep:re maps or drawings, with all dimensions shown ' or d s of a foot,=f awn to a scale of not more than one hundred(100) •tti the inch where lots have less than one hundred(100) feet of frontage, showing or accompanied by the information listed below in paper and digital form. The ap t shall submit complete preliminary site plan or pre plat applicatio °consistent with the master plan application for any area pwhich approval is sought simultaneously with the mast- :.la 15.08 Major SubdivisionSubdivisiow,IiiP Approval Procedure A. Preliminary Pa: ,Applica 'it n. After classification of the proposed subdivision as a major subdivision six ( months of th eting on the sketch plan, the applicant shall file an application forpreliminary plat with the Administrative Officer. ry The prelimina plat application shall cons one or more maps or drawings, with all dimensions' '' ',fit or dec +° is of a foot, drawn to a scale of not more than one hundred (100) fe 'o the me s 9t more" � y(60) feet to the inch where lots have less than one hun 100 feet of fr e show or accompanied g ) , � by the following information in paper and di form: • D. Final Nat Applica„i n. The fin al plat application shall consist of one or more maps or drawings, with al '+ . .er C ns shown in feet or decimals of a foot, drawn to a scale of not more than one hundred t=i =_feet to the inch, or not more than sixty(60) feet to the inch where lots have less than one dred (100) feet of frontage, showing or accompanied by the following information in paper and digital form: 15.09 Final Plat Recording B. Submittal of documents required. Endorsement shall not take place until all required plats, construction drawings, as built drawings, and supporting documents have been submitted 7 South Burlington City Council Land Development Regulations Draft Amendments for 12-19-2011 Public Hearing to the Administrative Officer per the requirements of this section and in digital form and determined to be complete and accurate. If all required submissions are not determined to be complete and accurate within the one hundred eighty(180) day period, then subdivision approval shall be void and the application must be resubmitted for final plat approval. Article 17—Administration and Enforcement 17.06 Fees and digital submissions The City Council shall prescribe and may revise by resolution reasonable tee to be charged with respect to the administration of these regulations. All applications subject to site plan reviews and all applications before the Development Review Board shall inc , e a digital copy of all materials submitted. ele III: HEIGHTS OF BUILDINGS Article 2—Definitions Section 2.02 Specific Definitions Attic. The part of a building that is immediat b 1 ' "v` y or partly within the roof framing. • • Basement. .. _ • •. .. _ _ •.- That portion of a b ? that for completely below the average pre-construction levelo' ie adjoining grid. A baiiinent shall be considered as a story where the finished surfie g ibe floor above be basement is: (1) More than four (4)feet above the average pre-construction level of the adjoining ground, or(2) More than twelve(12) feet above the pre-constructl+iicvground lel at any point. Cellar. A space partially or fully below ground level and with a floor-to- ceiling height of less than six and one-half(6.5) feet. A cellar shall be used solely for mechanical storage area. Cellars shall not be counted as a story in the computation of the intensity of land use development or of gross floor area. See also Basement. Dormer. A window vertical in a roof or the roofed structure containing such a window. The height of a dormer shall be from its base to its peak, inclusive. 8 South Burlington City Council Land Development Regulations Draft Amendments for 12-19-2011 Public Hearing Height. The vertical distance of a building measured from the average preconstruction grade level at the base of the building to the highest point of the roof if the roof is flat or mansard, or to the average level between the eaves and the highest point of the roof if the roof is of any other type. Height calculation of a building shall include rooftop apparatus such as solar collectors, chimneys, spires, towers, elevator and mechanical penthouses, air conditioning equipments water tanks, satellite dishes.,radio and television antennas, and similar projections, except as set forth in Section 3.07 of these Regulations. Chimneys (as defined in these Regulations) for residential structures shall be exempt from the height limitations. Height of a structure that is not a building shall be measured from the average preconstruction grade level at the base of the structure to the highest point of the structure. az` Story. That part of a building above ground level between a1®4and the° next above. If there is no floor above it, then the space between the floornd t �he'roof or c next above it. Story shall include basements and not cellars. An inte diate floor between t id ceiling of any story shall be deemed a mezzanine and :all notcounted as a stolrto less the total of all mezzanine areas exceeds five thousand AO of et (5 ;-SF) or one-third of the area of the floor immediately below it, whichever is less. A basement shall be considered as a story.:where the finished surface of the floor above the basement is: (1) More than four(4) feet above the average pre=�struction level of the adjoining ground, or(2)More than twelve(1'2)feet above the pre-construction ground level at any point. � ry (1) Roofline story. A story whose finished floor is located at or above the principal roofline of a bulling (2) Story Below Roo e. A ory who finished floor is located below the principal roofline of a buildin ' (3) Story FaelarTt. A Story Below Roofline that faces an existing or planned private or public sweet. A story shall be considered to face an existing or planned irivute or public street if any point along the side of the building most closely pa such streeefi exposed by more than four(4) feet. (4) Total S . The.sum of all stories in a building. Article 3—Generat Provisions 3.07 Height of Structures A. General Provisions. Structures in all districts shall comply with the height standards presented below in this section. Maximum allowable building heights are illustrated in Figure 3- 1, Height of Structures. 9 South Burlington City Council Land Development Regulations Draft Amendments for 12-19-2011 Public Hearing B. Stories. The requirements of Table C-2,Dimensional Standards, shall apply. f Where a roofline story is placed on a building that contains or is planned to contains the maximum permitted number of stories below the roofline,the following conditions shall apply: a. dormers on such story shall not exceed the height of the roof peak, and b. the total width of the dormers on any single side does not exceed fifty thirty- three percent(50 33%) of the horizontal distance of therroof line along that side. Vertical extensions that exceed fifty thirty-three percent`(50 33%)of the horizontal distance width (i.e., step dormers) are permitted,but are limited to a maximum height of five(5) feet above the average he . .qf the principal roof structure and shall not exceed fifty percent( %) of tli*I4orizontal width of any side. (2) In the R1, R1-Lakeview, R1-PRD, R1-Lakeview,R2,R4,R7, Lakeshore Neighborhood, and Queen City Park acts, the total number of stories for any given structure shall not be more than one l)greater than that of any principal structure on an abutting lot within the same +ring district,without regard to public rights-of-way. A principal structure on. ' abutting lot that is more than 150 feet from the subject structure shall be excludedtfrom calculation. C. Maximum Height. Except as allowe el inA n 3.07,the requirements of Table C-2, Dimensional St. + '"'_ ..shall apply. (1) Where a s ture ham •en approved apart of a Master Plan prior to ***,2011 with a height thanthatahat permittedin''these Regulations, such approved maximum height ai • D. Wai ear of Height Requirements 1,1 ximum height of a structure may be increased to thirty five(35) Artie .7, Conditional Use Review. In a (i) Views from adjoining and/or nearby properties; "'vPcniio, uiiu (iii) Adequate on site parking. (b) Rooftop apparatus, such as solar collectors,televise a„tennas, and conditioning equipment shall be included in the height measurement. Chimneys for residential structures shall be exempt from the height limitations. 10 South Burlington City Council Land Development Regulations Draft Amendments for 12-19-2011 Public Hearing (c) Television antennas and steeples for places of worship that are taller than �uv�w .v .u�.�r,• , . (21) R1, Rl PRD, R1 Lakeshore, R2, R4, R7, R7 NC, and R12. (a) For applications undergoing DRB review, the Deve opmcnt Review (b)----Fer-struetures-prepesed-te-ex ce d the maximum height %a: u tures the general objectives of the applicable zo district°are met. A request for • (c) Rooftop Apparatus, Chimneys, Communications Towers, Silos, etc Rooftoapparatus,= ;defined under Heights in these Regulations,and steeples for p a wors F that are taller than normal height limitations such as ass . t are to than normal height limitations established in Table C-2 above may `'' pproved by the Development Review Board as a conditional use subject to th `rovisions of Article 14, Conditional Uses. Snell-structures-de-not (3 2) R12 PR, MU, Cl-Rl2 Cl-R15 Cl-Auto, Cl-Air, Cl-L R, AR, SW, IO, C2, Mixed IC, AIR, and AIR-IND Districts. (a) The Development Review Board may approve a structure with a height in excess of the limitations set forth in Table C-2. For each foot of additional height above five(35) foot maximum for all other structures, all front and rear setbacks shall be increased by one (1) foot and all side yard setbacks shall be increased by one half (1/2) foot. 11 South Burlington City Council Land Development Regulations Draft Amendments for 12-19-2011 Public Hearing (b) For structures proposed to exceed the maximum height for structures specified in Table C-2 as part of a planned unit development or master plan, the Development Review Board may waive the requirements of this section as long as the general objectives of the applicable zoning district are met. A request for approval of a taller structure shall include the submittal of a plan(s) showing the elevations and architectural design of the structure,pre-construction grade, post- construction grade, and height of the structure. Such plan s11 demonstrate that the proposed building will not detract from • 'scenic views from adjacent public roadways and other public rights-of-way. • (c) Rooftop Apparatus. • , . Rooftop apparatus, as defined under Heights_=i ;these R `'"Lions. such as r that are taller than normal heightlimitations established in Table C-2 may be approved by the Development Review and as a conditional use subject to the provisions of Articl Conditional Us ch structures do not need to comply with the provisions ctions(a) and $ o ve. SEE ADDITIONAL AMENDMENTS IN THE TAB OF 't IV: FEE STR P 6.RE : ND NOTIFICATIONS Article 14 Site Plan & Conditional Use eview 14.05 Application,R v _ and A al Procedure C. s; • . [Reserved] Article 17—Administration & Enforcement 17.06 Fees and notifications A. Fees. The City Council shall prescribe and may revise by resolution reasonable fees to be charged with respect to the administration of these regulations. Such fees shall incorporate the cost of public warning of applications. 12 South Burlington City Council Land Development Regulations Draft Amendments for 12-19-2011 Public Hearing B. Notifications. Pursuant to 24 VSA 4464(a)(3), the applicant shall be required to bear the cost and responsibility of notification of adjoining landowners. The applicant shall be required to demonstrate proof of delivery in the form of a listing of all recipients and their addresses, supported by a sworn certificate of service. V: USE DEFINITIONS ;" Article 2—Definitions 2.02 Specific Definitions '' �< n t Ef ' ' e\\ ,,, • • • , > . Nursing Facility. , 4" " ` Place of worship. A building or structure,or oub or structures, which by design, construction, or use are p : tended for the*conduct A of organized religious services and associated accessory uses Maya include use of facilities for indoor or outdoor recreation, community center, o ensed n residential child'care as accessory uses. Research facility or labo 7 ' or other facility for carrying on basic and applied research into the nat ysical, orsocial sciences, or engineering and development as an extensio ofmv' 't ion wit W,, objective of creating end products; and including any educational activities gated wt� accessory to such research; but not including a medical office.dental, optical, or"verinary clinic, or a research facility or laboratory located on the principals of a health or'educational facility. Recreation fa t t_, outdoor. A commercial establishment designed and equipped for the organized or unorganized conduct of sports, leisure activities, and other recreational activities whollyor artiall ' e of.anybuildingor structure. Fields trails, bodies of water, or .other p Y ti � land may be used foecreational purposes. Where peiiiutted, structures may include swimming pools, tennis courts, skating rinks, playground equipment, storage and accessory buildings, similar facilities, and accessory uses such as snack bars, pro shops and locker rooms. Examples of outdoor recreation include but are not limited to public and private golf courses, clubs, swimming pools, tennis courts,ball fields, ball courts, driving ranges, miniature golf courses; amusement-pafks, skateboard parks, and go cart tracks, and other similar unenclosed recreation activities. 13 South Burlington City Council Land Development Regulations Draft Amendments for 12-19-2011 Public Hearing Social services. Establishments providing assistance and aid to those persons requiring counseling for psychological problems, employment, learning disabilities, and/or physical disabilities. This includes organizations soliciting funds for these and related services, child care May include on-site ancillary services, such as child care, but shall not include accommodations for overnight stays. 2.03 Definitions for Flood Hazard Purposes e" Critical facilities. Includes police stations, fire and rescue facilitiehospitals and health care facilities, and public and private schools. AtV VI: TECHNICAL AMENDMENTS Article 15— Subdivision & Planned Unit Development 15.02 Authority and Required Review A. Authority (3) In conjunction with PUD review,the di t Land Development Regulations is permitted sub - a the conditi nd stand s in this Article and other applicable provisions of ° .tions. Ho ver, with the exception of side yard setbacks in the Central District 1, o case a the DRB p i the location of a new structure less than five(5) feet from an y bo ary. In no ca all be the DRB allow land development creating a total site cover c e limit for the applicable zoning district in the case of new develo men p s creasin overage on sites where the pre-existing condition e t licable t In no case shall the DRB permit the location of parking not in compliance wi ion 14 (2). Figure 15-1 C Street Deta Streets with Concrete Curbs Sidewalk thisre,. in drive_; ea: 6"8"residential, 8" commercial/ industrial Appendix B—Tra f Generation Data & Collection Procedures B.2 Calculating the Traffic Generation of the Proposed Use Convenience Markets and Gasoline Providers: The ITE TRIP GENERATION manual has trip generation rates for several related uses: Land Use #$944 Gasoline/Service Stations; Land Use #8 945 Gasoline/Service Station with Convenience Market; Land Use#$946 Gasoline/Service Station with Convenience Market and Car Wash; Land Use# 853 Convenience Market with Gasoline Pumps; and Land Uses# 851 and 852 for Convenience Markets. The difference 14 South Burlington City Council Land Development Regulations Draft Amendments for 12-19-2011 Public Hearing between use$945 and use 853 is the primary purpose of the use. The primary business of Gasoline/Service Stations with Convenience Markets is the fueling of motor vehicles, although they may also have facilities for servicing and repairing motor vehicles. Generally these uses are operated by gasoline companies. For Convenience Markets with Gasoline Pumps the primary business is the selling of convenience items. Generally they are operated by companies other than gasoline companies. For Convenience Markets with Gasoline Pumps (Use# 853) ITE gives PM peak hour generation rates for two independent variables: Vehicle Fueling Positions and 1000 SF Gross Floor Area. Only average rates are given for these two variables. The Gross Floor Area has a slightly lower standard deviation 58/o of the average as co 4 g y ( ° g �„= to 65% for the Vehicle Fueling Positions), and is therefore the recommended variable for this`r use. This is also logical because the sale of convenience items is the primary business' .this use. For Gasoline/Service Stations with Convenience Markets the opposs t u ;be Vehicle Fueling Positions is the recommended variable. In some cases the D " .ment Board may require the use of more than one independent variable. I ''`n Wises the applicant shall use the worst-case calculation. t VII: TRANSIT RELATIONSHIP TO ZO Article 10—Overlay Districts 10.04 Transit Overlay District(TO) A. Purpose. It is the.purrpoi‘of the Transit Overlay District to provide for a safes compact, and,efficient land use pattern a supports regular fixed-route transit service, pe . and bicle infrastruct e. Certain land uses may be permitted only within the T a_ sty' or be permitted outside the District subject to conditions. Other incentives or #uirements that complement a multi-modal environment may also be-'established. --w-gkag B. ,omprehensive Plan. These regulations hereby implement the relevant portions of City of South-Burlington s adopted Comprehensive Plan, and are in accord with the policies set fort therein. C. Boundaries of the Transit Overlay District. The Transit Overlay District shall includes idi-nreakitown on the Overlay District Map. RJR' , D. Permitted and==Conditional Uses Any uses listed within Table C-1, Table of Uses, with a Transit Overlay District requirement shall only be allowable within the Transit Overlay District. (1) A use shall be considered to be located within the Transit Overlay District when all portions of a principal building leased or owned by the use in question are within the boundaries of the Transit Overlay District. (2) A use shall only be allowable where a public sidewalk or recreation path connects the use to a public roadway identified as a transit route on the 15 South Burlington City Council Land Development Regulations Draft Amendments for 12-19-2011 Public Hearing Transit Overlay District Map in a direct(ie, generally shortest distance from the use to the roadway) manner. All such accesses must be located within the Transit Overlay District. (3) All uses under this section shall be subject to all applicable provisions of the underlying zoning district. SEE ADDITIONAL AMENDMENTS IN THE TABLE OF USES. VIII: CONDITIONAL USE STANDARDS Article 14— Site Plan & Conditional Use Review 14.10 Conditional Use Review: General Provisions :Stan E. General Review Standards.The Development Review'Board shall review the proposed conditional use for compliance with all a able standards as contained in these regulations. The proposed conditional use shall not resu undue adverse°effect on any of the following: shall meet the following standards,• s (s 1) The c. .@ o e _yN planned community (h 2) haracte the area affected, as defined by the purpose or purposes o ° e zoningdistrict within which the roject is located and pecifically ted policies and standards of the municipal plan. The (e 3) raffle on roads and highways in the vicinity. (d AI Bylaws and ordinances then in effect. (e 5) Utilization of renewable energy resources. 16 • South Burlington City Council Land Development Regulations Draft Amendments for 12-19-2011 Public Hearing IX: NONCONFORMITIES Article 2—Definitions 2.02 Specific Definitions[note, the following definitions are drawn directly from 24 VSA Chapter 117) Nonconforming lot or parcel. A lot or parcel that does not'conform to the present Regulations covering dimensional requirements but that was*conformance with all applicable laws, ordinances and regulations prior to the enactme of ,:; esent bylaws, including a lot or parcel improperly authorized as a result of e by the istrative officer. complying—structures shall be as defined in 21 V.S.A. ion 4303: ,s4� Nonconforming use. A use of land that does not c. to the .,4-sent bylaws b chid conform to all applicable laws, ordinances, and regulations prio e 'c nt of the present Regulations, including a use improperly authorized as a re.' . f error by the administrative officer. a -. Nonconforming structur e or part o structure that does not conform to the present Regulations but was co - F - it applicable laws, ordinances, and regulations prior to the enactment of the seyla uding a structure improperly authorized as a result of error Jii the,administrative offices'' Nonconformity. A " formi�'g use, structu , or parcel. Article 3 Go l rovision k 3.11 Nanconformities "r `r f a N C S+ a r -',.,,,,.-- A. Ge Provisions. hese provisions shall apply to all nonconforming uses structures, to nd parcels structures and all uses of structures or lots lawfully existing prior 7 r� B. Continuance and Restrictions. (1) Any lawful structure or any lawful use of any structure or land existing at the time of the enactment of these regulations may be continued, although such structure or use does not conform with the provisions of these regulations, provided the conditions in this Section 3.11 are met. (2) A The nonconforming use may be continued provided that such structure shall not be enlarged or extended unless the use therein is changed to a conforming use. 17 South Burlington City Council Land Development Regulations Draft Amendments for 12-19-2011 Public Hearing (3) A nen-complying nonconforming structure that is devoted to a conforming use may be reconstructed, structurally altered, restored or repaired, in whole or in part, with the provision that the degree of noncompliance nonconformance shall not be increased. (4) A„on com„lyi g nonconforming structure, or part thereof, shall be maintained, repaired, or restored to a safe condition as required by the Administrative Officer. (5) A n ' nonco gnforminstructure shall not have its degree of n noncompliance nonconformance icreased. ; = (6) A nonconforming use shall not be extended or enlarged,norhal sl it be extended to displace a conforming use, nor shall it be changed tt another nonconforming use, nor shall it, if changed to a conform•ing use therea `b`:- changed back to a nonconforming use. S (7) Nothing in these Regulations shall be construedconstrued16 prevent the multi- tenant building containing one or mor nonconf• • mg uses from y of g a portion of the building for a conform g e,pro -• there is no expansion or extension of a nonconforming use or use s h a change in use. C. Alterations to Complying Conforming Structures i Nonconforming Use. A complying conforming structure used b y nonconforming use s- Il not be reconstructed, structurally altered, restored or repaired to aextent'e' ' .' ' on hundred percent (100%) of the gross floor area of such stru ture unless th- •f sue ture is changed to a conforming use. D. Alterations % • ' Nonconfo;I` g Structures. (1) Except as b« 4 • sections (2) and(3)below, and in Article 4, lly Section 4.08, n City ' strict, and in Article 12, Section 12.01(D), any :4 ' - ', : nonconforming structure may be altered, including ,# addi`i the .. e _ structure, provided such alteration does not exceed in aggregates thirty-• percent (35%) for residential properties and twenty-five _ .. percent (25' , ,.,for in.- strial and commercial property of the current assessed value as det..' ,' ed by the City Assessor and in compliance with Section 3.11(B) , •ve. j In ~ . an addition or an expansion to a nonconforming building-Or structure ;is pre .ed,the addition or expansion itself must comply conform with the prove ons of these regulations(e.g., dimensional requirements such as setbacks requiremcnt3 coverage, etc.). (2 3) The thirty-five percent (35%) limitation for residential properties described above shall not apply to structures on lots that were in existence prior to February 28, 1974. (3 4) In the CD1, CD2, CD3, and CD4 zones, the aggregate cost of such alteration shall not exceed thirty-five percent (35%) of the current assessed value of the structure 18 South Burlington City Council Land Development Regulations Draft Amendments for 12-19-2011 Public Hearing being altered. Notwithstanding the foregoing, within the CD1, CD2, CD3 and CD4 zones, nonconforming structure shall not be altered by increasing the height or increasing the footprint, or otherwise increasing the square footage of the building or structure. The Development Review Board may approve an alteration that results in an aggregate cost that exceeds thirty-five percent (35%) of the current assessed value of the structure being altered and/or which involves an increase in the height or the footprint, or otherwise an increase in the square footage of the building or structure,provided all of the following criteria are met: 1 (a) an application for alteration involves an incre in the amount of building square footage located within a designated buildg elope, (b) the alteration does not exceed in a e ost one:y ,dred percent g�.� (100%)of the current assessed value of the, being a Alternatively, if the alteration involves reducing the deree of nonconformity . removing building square footage that is consid _ nonconforming (i.e., do- *t meet setback requirements), the alterations of ex -one hundred twenty-five percent (125%) of the current assessed va \e f tie structure being altered, and (c) the application for alteration involves other improvements, such as site improvements, which the Development Review 1:,(;. ,d f,,ds to be in conformance with the goals of the Comp e plan for the SOlo.turlington City Center. E. Alterations to Facades and Exterior:`_ in' s Structures. Alterations to fa �and exterior, ishes sha of be subject to the twenty-five percent (25%)or thirty-fiveyper t 35%) limitations described above. However, City Center Design Review Overla;, District rations shall‘pply,. See Article 11, Section 11.01. ge F. Damage toNonconforming Structures. (1 y, onconforming structure damaged by any means to an fR f extent g - than o ;ercent (50%)of its current assessed value shall be permitted n,recoWucted only if the future use of the structure and the land on which it is l ted is in conformity with these regulations. (2) erg nonconforming damaged by any means to an extent less t fty Otent (50%)of its current assessed value, may be rebuilt provided tha . (a) The resumption of any nonconforming use(if any) takes place within one (1) year of the time of its interruption. (b) The cost of such reconstruction or structural alteration is less than fifty percent (50%)of said fair market value. (c) The reconstruction or structural alteration is commenced within six(6) months of the date of interruption and completed within eighteen(18) months of the date of interruption. 19 South Burlington City Council Land Development Regulations Draft Amendments for 12-19-2011 Public Hearing (3) Where such reconstruction or structural alteration can reasonably be accomplished so as to result in greater compliance conformance with these regulations, then the reconstruction or structural alteration shall be so done. (4) No later than six(6) months after a permanent or temporary structure has been damaged, made uninhabitable, or has been abandoned, all scrap, debris, damaged or unsafe materials shall be removed from the site and any remaining excavation, foundation or cellar hole shall be covered over or filled to the existing grade by the property owner. Upon application by the property ow a the Development Review Board may enlarge extend the time to undertakes ;remedial work as a conditional use. 404 G. Abandonment of Nonconforming Use. (1) No nonconforming use may be resumed if has been doned for a period of six(6) months or more. (2) A nonconforming use shall be consi aband d when any of ollowing conditions exist: (a) When it is replaced by any other us e`er en- complying conforming or ponconforming: (b) When the intent of discontinue the -se is apparent. Any one of the following mayconsti evidence f a property owner's intent to abandon a use voluntarily: i. e to take ne sary step . rthin six(6) months to resume the no on o use with reasonable ispatch in any circumstances, uding w ut limitatio g to advertise the property for sale, rent, r us ii. on u e use for six(6) months, or for a total of sir ° eightee the during any three-year period, or _ in th here the nonconforming use is of land only, di inuanc the use for one hundred twenty(120) consecutive days or f•. ," total f six(6) months during a one(1) year period. ) When e characteristic equipment and furnishings have been removed from he premises and have not been replaced by similar equipment and fittishings within six (6) months, except in the event that the structure is amaged. In that case, Section 3.11(F) above shall apply. H. Construction Approved Prior to Regulations. Nothing contained in these regulations shall require any change in plans, construction or designated use of a structure and for which a zoning permit has been issued where the construction of which such structure shall have been diligently pursued within thirty(30) days of the date of such permit and which where such structure shall be completed according to such plans and permit within six (6) months from the effective date of these regulations. 20 South Burlington City Council Land Development Regulations Draft Amendments for 12-19-2011 Public Hearing I. Unlawful Use Not Approved or Authorized.Nothing in these regulations shall be interpreted as authorization for or approval of the continuance of the use of a structure or land in violation of zoning prior to the effective date of these regulations. J. Unsafe Structures.Nothing in these regulations shall permit the use of any portion of a structure declared unsafe by a proper authority nor the continuation of a condition declared to be a health hazard by an appropriate authority. K. Nonconforming Lots or Parcels. (1) See Section 3.05 aloe for pre-existing small lots. '` (2) The boundaries of a lot or parcel that is nonconforming fo ran reason other than for being a pre-existing small lot may be alteredti my in a m- n r that decreases its degree of nonconformity. L. Nonconforming Use of Land with No Struct . 0r ' ;:,structure is involved, the non-conforming use of land may be continued, provided (1) Such nonconforming use *all not be enlarge -or increased, nor shall it be extended to occupy a great f land than occupiedoccuTiokby such use at the time of enactment of these Regulati (2) The lot on which such nonco r d shall not be reduced in size. (3) Such nonconfc ling use shall n ' e moved,in whole or in part, to any other portion o f tie lot or rcel of Ian occupied by such use at the time of enactmentof the latio (4) If such no o r any portion thereof ceases for any reason whatsoever f" hunts y(120) consecutive days or for a total of six (6) e nths in a one ,r period, any future use of such land shall be in compliance .. 4 with alb visions4filkeko Regulations. Article 4—Residential Districts 4.08 Queen Ci °Park Dis ct QCP F. onconforming Structures. Structures in the Queen City Park District shall be subject to L7 the provisions of Article 3, Section 3.11, nonconformities, and to . Non- complying structures shall be subject to the following requirements and restrictions: (1) Any nonnen-eomplying nonconforming burg-or structure may be altered provided such work does not: (a) Exceed in aggregate cost thirty-five percent (35%) for residential properties and twenty-five percent (25%) for nonresidential properties of 21 South Burlington City Council Land Development Regulations Draft Amendments for 12-19-2011 Public Hearing the fair market value as determined by the City Assessor or by a separate independent appraisal approved by the Administrative Officer; or (b) Involve an increase to the structure's height or footprint, or otherwise involve an increase to the square footage of the building or structure. (2) The Development Review Board may approve any alteration which exceeds the thirty-five and twenty-five percent rule described above or which involves an increase to the structure's height, footprint or square footag- subject to the provisions of Article 14, Conditional Use Review. atS',; (3) Ire addit.on to the r et f rth; ��`�'�'�„� � n , Ihe Development Review Board shall determine that the proposed erat expansion will not adversely affect: „a (a) Views of adjoining and/or nearby (b) Access to sunlight of adjoining or nearby properties, (c) Adequate on-site parking. Article 9—Southeast Quadrant (SEQ) • Article 10—Overl a 'cts 10.03 Scenic View Protects+ erlay , T• I. Alteration and Ex 'on • 1. (b) _ nstructed if t y or substantially destroyed by fire, storm, explosion, other catastrop lect or vol °`$ action, except in compliance with this Section 10.03, provided, however, if.n ble strut e may be reconstructed in compliance with these provision, then the property o ay r ild a usable structure that creates a minimum violation of this section, and is sub' j e tot e limitations of Section 3.11 ro nonconformities). 22 South Burlington City Council Land Development Regulations Draft Amendments for 12-19-2011 Public Hearing X: UNITS IN A STRUCTURE Article 4—Residential Districts 4.01 RESIDENTIAL 1 DISTRICT- Rl F. Planned Unit Development. (1) For lots within the Residential 1 District that are five (5)acresaeretv size or more and designated"Rl-PRD" on the Official Zoning Map, a04nned Unit Development may be permitted at a maximum of four(4)units r�Aubject to all applicable provisions of this section and Article 15. Multi-Family dwellings shall be limited to a maximum of four(4) dwelling units pstructure (2) For lots within the Residential 1 Distr _' at are ive(5) acres hi' more and y designated"Rl-Lakeshore"on the • 1 Zo • ap, a Planned t Development may be permitted at ima o ,(7)units per acre subject to all applicable provisions of this section icle 15. Multi-family dwellings shall be limited to a maximum of six(6) dwelhng units per structure ti (3) For lots of any size within thResidentialDistrictthat are designated"Rl- Lakeview"on the Official Zo ¢ g Unit Development may be permitted at um of thre`' units p cre subject to all applicable provisions ion and Art*le 15. Multi-family dwellings shall be limited to a ma ` um of a (3) dwelling units per structure G. Additional Standa ` Mist k dwe ling units shall be subject to site plan review, as per Artie sand, exc+e sf as stated in subsection 4.01(F) of these Regulation shall be limited to a maximum of four(4) dwelling units per structure. 24, 4.02 RESIDENTIAL 2 DISTRICT'- R2 F. Planned Unit Development. For lots within the Residential 2 District that are five (5) acres in si r , a Planned Unit Development may be permitted at a maximum of four(4) unitsunitsW acre subject to all applicable provisions of this section. Multi-family dwellings shall be limited to a maximum of four (4) dwelling units per structure G. Additional Standards. Multi-Family dwelling units shall be subject to site plan review, as per Article 14, and, except as stated in subsection 4.02(F) of these Regulations, shall be limited to a maximum of four(4) dwelling units per structure. 23 South Burlington City Council Land Development Regulations Draft Amendments for 12-19-2011 Public Hearing 4.08 Queen City Park District QCP G. Additional Standards. (2) Multi-family dwelling units shall be subject to site plan review, as per Article 14, and shall be limited to a maximum of four(4) dwelling units per structure. Article 9—Southeast Quadrant (SEQ) 9.05 Residential Density B. Average Development Density: The number of d. nits that be located on, or the number of single familyhouse lots that file created, within a `� g ���s development parcel subject to a single PUD�, aster P approval shall xceed an average density and a maximum number "ts r s of the follow ng: (1) In the SEQ-NRP sub-district,the provisions ction 9.12 shall apply. (2) SEQ-NRT: Four(4) dwe units(du) to the cre (3) SEQ-NR: Four(4) dwellini du to the acre'''''' tbur(4) dwelling units per m structure (4) SEQ-VR: Eight (8) dwelling 'ts ( u = and six (6) dwelling units per structure (5) SEQ-VC: Ei t welling uni du to the acre and six (6) dwellingunits per Q ,.� g h� ) structur Such average densities rn- ac: a PUD Planned Unit Development application. See Section 9.1 e pproval Process.• U°" the SEQ. av� Where a structure has been approved as part of a Master Plan prior to ***, 2011 with a greater number of dwelling units than those permitted in these Regulations, such approved number of units in a structure shall remain in effect. 24 South Burlington City Council Land Development Regulations Draft Amendments for 12-19-2011 Public Hearing XI: SIDE AND REAR DIMENSIONAL STANDARDS Article 15—Subdivision & Planned Unit Development Review 15.02 Authority and Required Review A. Authority (3) In conjunction with PUD review, the modification of these*d Development Regulations is permitted subject to the conditions and standardsa n ihis Article and other applicable provisions of these Regulations. • 4_. Notwithstanding section 15.02(A)(3),however,Jhe Owing stand 11 ds shall apply to all PUDs: ��;� • Lwith the exception of side yard setbacks CentralDistrict 1, in no':use shall the DRB permit the location of a new structure less fi e(5 feet from any-property boundary, and, in no case shall the DRB permit cation of a structure not in compliance with Section 15.03(D). fiaIn no case shall be the DRB all eE..development a total site coverage exceeding the allowable limit for theap l -Boning dist t in the case of new development, or increasing the cover T:eon , - pre-existing condition exceeds the applicable.limit. "` a LIn no case shall the ':;hermit the location of parking not in compliance with Section 14.06 (2). (4 5) Pursuant to t 's th lin Development Review Board shall have the further authority to -an prove with modifications, or deny a Master Plan reviewed conj _n with a P D. A Master Plan shall be a binding sub-part of a PLC appro shall nt1 construed as a separate land development review procedure from 'UD procedures set for,in this Article. (5 6) ` of e modification !a maximum residential density for a zoning district shall be • p .,'.vied only as p ; 'ided in the applicable district regulations and/or for the provision of ate°: ble housing .ursuant to Section 13.14 of these Regulations. 15.03 Allowed Uses'' nsitiesa anti Zoning Boundary Adjustments and Perimeter Setbacks A. Uses Allowed. In any application for PUD review, all uses allowed as permitted or conditional uses in the underlying district(s) involved in the application shall be deemed to be permitted uses and a separate conditional use permit or permits shall not be required. B. Density. In any application for PUD or subdivision review, the overall density or FAR allowable for the land in question shall be the same as for the underlying district(s) involved in the application. 25 South Burlington City Council Land Development Regulations Draft Amendments for 12-19-2011 Public Hearing C. Zoning District Boundary Adjustment. In conjunction with a PUD or subdivision application involving land in two or more zoning districts, the DRB may at its discretion approve a request to relocate the boundary of the zoning district up to fifty(50) feet in either direction within the area affected by the application. D. Perimeter Setbacks. Any principal structure proposed on a lot that borders any of the districts in Article IV or the SEQ-NR, SEO-NRP, SEO-VR or SEQ-NRT SEO Sub- Districts must meet the setback required by these Regulations for the` doining district for the type of yard (side or rear) that is immediately adjacent in the..above-referenced district. SEE ADDITIONAL AMENDMENTS IN THE TABLE OF DIMENSIo s. XII: USE CHANGES SEE ADDITIONAL AMENDMENTS IN THE TABLE OF USES e v 26 APPENDIX C USES and DIMENSIONAL STANDARDS C-lb Commercial l City Center Other Commercial heavy Commcrcial- Airport Industrial NON-RESIDENTIAL ZONING DISTRICTS C1(4) Cl- Cl- C1-LR CD-1 CD-2 CD-3 CD-4 AR SW IO C2 IC AIR AIR- AUTO AIR IND Residential Uses Single-family dwelling PUD PUD PUD P P P Two-family dwelling PUD PUD P D P P _ Multi-family dwelling PUD E ►`v PUD P P P PUD PUD PUD Accessory residential units Please see Section 3.10 for regulations I I Agricultural Uses Horticulture&forestry with on-premise sales Permitted in all districts;3 acre minimum lot • in all districts. Horticulture&forestry,no on-premise sales Permitted in all districts Keeping of livestock on 10 acres or more Single-family dwelling related to agriculture I P P Additional dwellings for farm employees ` . P P P Public&Quasi-Public Uses ' ' Cemeteries Conditional in all dis+' Community center P P P P P P PUD P Congregate care,assisted living,or continuum of care C C C C C C facility Cultural facility P P P P Educational facility PUD ' C C C C C C C Educational support facilities P Funeral homes and mortuaries C C C C C C C C C C C Group home . MO Hospice P P P P P P P P P Municipal facility P P C C Parks Permitted in all districts — Personal instruction facility P P P P iP P P IP P P P P P P Place of worshi P P P P P p _;GP GP GP P P P LP P-ACC Recreation paths Permitted in all districts Skilled nursing facility C C C C C C C G Social services C C C IC C C C C C C' South Burlington City Council LDR Draft Amendments 12-19-2011 Public Hearing APPENDIX C USES and DIMENSIONAL STANDARDS C-2b Commercial 1 City Center Other Commercial Heavy Commercial- Airport Industrial NON-RESIDENTIAL ZONING DISTRICTS C1(4) Cl- Cl- TC1-LR CD-1 CD-2 CD-3 CD-4 AR SW IO C2 IC AIR AIR- AUTO AIR IND Commercial&Industrial Uses Adult use Agriculture&construction equipment sales,service P P &rental Airport Uses P P Animal shelter C P Artist production studio P P P P P P P Auto&motorcycle sales P P P Auto&motorcycle service&repair P P P Auto rental,with private accessory car wash& P P P P P fueling Bed&breakfast „ C C Car wash _ P Child care facility,licensed non-residential P P P P PPP P P , Commercial greenhouse PUD P P Commercial kennel,veterinary hospital and pet day C P P P care Commercial or public parking facility C CC CC C C C C Contractor or building trade facility _ P P P P Convenience store<3,000 SF within principal P P P P P P P P PP PUD P P P P structure Convenience store,principal use P P Distribution and related storage,with>15%of GFA C P P P in office or other principal permitted use by same tenant Drive-through bank PUD UD PUD PUD Equipment service,repair&rental P P Family child care home,registered or licensed P P P PPP Financial institution P P PP PPPP ACC P P Flight instruction P P I' General merchandise store PUD C C South Burlington City Council LDR Draft Amendments 12-19-2011 Public Hearing APPENDIX C USES and DIMENSIONAL STANDARDS C-3b Commercial 1 City Center Other Commercial Heavy Commercial- Airport Industrial NON-RESIDENTIAL ZONING DISTRICTS C1(4) Cl- t C1- C1-LR CD-1 CD-2 CD-3 CD-4 AR SW IO C2 'IC AIR AIR- AUTO AIR IND Hotel PUD TIJ t, C C C C C C ,x Hotel,extended stay PUD C C C C C C A' Indoor theater P PP PP Junk yard Light manufacturing dc PUD PUD P P P P Lumber and contractor's yard P P P Manufacturing&assembly from previously prepared P P P P PUD P P P P materials&components Mobile home,RV and boat sales,repair&service P P Motor freight terminal C P Office,general P P P P P P P P PIJD P P P Office,medical P P P Illpp P P P P NM- nP P--'1_O TO Personal or business service,principal use P P P PP P P PP 1' I' Personal or business service,up to 3,000 SF GFA per P P P PP P P P P P-ACC P P any one principal structure Pet grooming P P P P P PP P P Photocopy&printing shops,with accessory retail P PP PP P P P-ACC P P Printing&binding production facilities irt, C P P P P Private providers of public services,including vehicle P P P P storage and maintenance Processing and storage P P P P P P Radio&television studio P P P C P P P Recreation facility,indoor P P P P PP P P P P P-ACC P P Recreation facility,outdoor C C C C C C C C Research facility or laboratory P P P P PP P P PPP P P P Restaurant,short order P P P P P P P P P- P- P-ACC P P-ACC P-ACC ACC ACC Restaurant,standard P P P P PP P P PP P P-ACC South Burlington City Council LDR Draft Amendments 12-19-2011 Public Hearing APPENDIX C USES and DIMENSIONAL STANDARDS C-4b Commercial 1 City Center Other Commercial Heavy Commercial- Airport Industrial NON-RESIDENTIAL ZONING DISTRICTS C1(4) Cl- Cl- ICI-LR CD-I I CD-2 CD-3 CD-4 AR SW IO C2 IC AIR AIR- AUTO AIR IND ___. Retail and retail services up to 3,000 SF GFA within P P P P P P P P P P P-ACC P P-ACC P P any one principal structure Retail and retail services,excluding general P P P P(6) P P P P P(6) P(6) P P merchandise stores Retail food establishment<5,000 SF GFA P P P P P P P P P P P P-ACC Retail food establishment>5,000 SF GFA and P IIIIIMPSAL P supermarkets Retail warehouse outlet P P Sale,rental&repair of aircraft&related parts -r - P P Seasonal Mobile Food Unit P P P P 1r P P P P Self-storage IIMEMILL P Service station with convenience store MK \ C C � � . Shoppingcenter C �' �,� Taverns,night clubs&private clubs P P P Mai Ir ' " P P P P Transportation services _ „' P P Warehousing,processing,storage&distribution r I C P P Wholesale establishments V C C P P P Key and Notes to the Table above: P=Permitted 1% C=Conditional Use • PUD=Allowable within a Planned Unit Development ACC=Allowable as an accessory use TO=Allowable only in the Transit Overlay District (1)For all IA District Uses pleas refer to Section 7.01,Institutional ai d Agricultural District."N"refers to the Institutional-Agricultural North sub-district. (2)R7 and SEQ-VC as classified as non-residential zoning districts,but are included in this table for purposes of efficiency (3)No minimum lot size for bed&breakfast in the SEQ-VC district (4)Includes C1-R12 and C1-R15 (5)Educational support facilities in Cl are subject to the dimensional standards of the IA-North District. See Article 7. (6)Principal permitted retail uses are limited to 5,000 SF GFA South Burlington City Council LDR Draft Amendments 12-19-2011 Public Hearing APPENDIX C USES and DIMENSIONAL STANDARDS C-1c District Land Use Minimum lot size(max. Maximum site Standard setbacks(feet): Maximum Building Height residential density in dwelling coverage: units per acre) Building Buildings, Front Side Rear Accessory Principal Principal Stories Stories_ Rooltine Tatar s only parking and all yard(s) yard(s) yard (flat) (pitched) Facine Below Stories(sec Stories other Street ' Rootline section impervious surfaces 3.07(11)1 IA-N ALL 10 acres 20% 40% 75 50 50 15 35 40 IA-S ALL 10 acres 10% 20% 75 50 50 15 35 40 PR ALL none 15%, 25% 40 15 30 15 35 40 MU IALL none 30% 70% 40 15 31 15 35 40 SEQ-NRP, Single-family 12,000 SF(1.2) 15%** 30% 20 10 ..: 30 15 45 225 45 28 2 3 1 4 NRT and Two-family 24,000 SF(1.2) 15% 30% 20 30 15 4525 45.-28 2 3 1 4 NR All other uses 40,000 SF(1.2) 15% 30% 20 I 30 :�} 45 25 4528 2 3 1 4 SEQ-VC Single-family 12,000 SF 1.2) ,15%**g y ( 30% 20 10 0 45 25 45-2$ 2 3 1. 4 and- Two-family 24,000 SF(1.2) 15% 30% 20 10 30 15 45 25 45 28 2 3 1 4 All other uses 40,000 SF(1.21 15% 30% 20 30 I5 50 35 54 40 3 3 1 d SEQ-VR Single-family 12,000 SF(1.2) 15%** 30% i L, 30 15 25 28 2 3 1 4 Two-family 24,000 SF(1,2)' 15% 30'/0 _tl 0 15 25 28 2 3 1 ' 4 MI other uses 40.000 SF(1,2) 15"//o 30% I 30 15 30 35 3 3 1 4 QCP Single-family 7,500 SF(4) 20% °e 11% 5 10 15 25 25 2 3 1 4 Two-family 12,000 SF(4) 20% 40A%r, 1 F., 5 10 15 25 25 2 3 1 4 Multi-family 6,000 SF/unit(4) 20 ice=g ,, 5 10 15 25 25 2' 3 1 4 Non-residential uses 12,000 SF 20% M:.«.'1% ... 0 10 10 15 25 25 2 - 3 1. 4 LN Single-family 12,000 SF(4) 20°0 20 10 30 15 25 25 2 3 1 4 Two-family I2,000 SF/unit(4) 20% 40'a 20 10 30 15 25 25 2 3 1 4 R1- All 14,000 SF(3) 20% 40% 20 10 30 15 25 25 2 3 1 4 Lakeview RI All 40,000 SF(1) 15% 25% 50 25 30 15 33-25 40 28 2 3 1 4 R2 Single-family 22,000 SF(2) 20% 40% 30 10 30 15 35 25 40 28 2 3 1 4 Two-family 22,000 SF(2) 20% 40% 30 10 30 15 35 25 ' 44 28 2 3 "'1 4 Multi-family I I,000 SF/unit(2) 20% 40% 30 5jj"`430 15 35 25 40 28 2 3 1 4 R4 Single-family 9,500 SF(4) 20% 40% 30 10 30 15 35 25 40 28 2 3 1 4 Two-family 12,000 SF(4) 20% 40% 30 10 30 15 35 25 40 28 2 3 1 4 Multi-family 6,000 SF/unit(4) 20% 40% 30. 10 30 15 .3-5-25 40 28 2 3 1 4 South Burlington City Council Draft LDR Amendments 12-19-2011 Public Hearing APPENDIX C USES and DIMENSIONAL STANDARDS C-2c District Land Use Minimum lot size(max. Maximum site Standard setbacks(feet): Maximum Building Height residential density in dwelling coverage: units per acre) Building Buildings. Front Side Rear Accessory Principal Principal ,Storie, $tortes Rg$fijAe, 19tal s only otherng and all yard(s) yard(s) yard (flat) (pitched) Bacilli/ Below Stories Isee Stories Street Rootl ne'section impervious 3.07(011 surfaces Non-residential uses 40,000 SF 30% 60% 30 10 30 15 > 74&2;,_:" 4$ 84: ,kAs ,•3; ' 1, „•', R7 Single-family 6,000 SF(7) 30% 40% 30 10 30 15 4828 2 '3 I. 4 Two-family 10,000 SF(7) 30% 40% 30 10 31 15 ,3.5-, 48 28,. - a 1 { Multi-family 6,000 SF/unit(4) 30% 40% 30 10 15 - 40 a `� 1 1 Non-residential uses 40,000 SF 40% 60% 30 10 30 15 '; 5=25 4 44 )„ •, ,,; 4 R12 Single-family 6,000 SF(12) 30% 40% 30 I 30 48-25' 4G25` ' 2 1 4 Two-family 8,000 SF(12) 30% 40% 30 10 0 .25' 441 : a :` 3 1 ,' 4 Multi-family 3,500 SF/unit(12) 40% 60% 30 10+.: 30 15 35 40 Non-residential uses 40,000 SF 40% 60% 30 30 15 35 40 R7-NC All residential Same as < uses All non- 12,000 SF 40% "O 10 30 15 35 40 residential uses Cl Multi-family 3,500 SF/unit(12 or 15) 40% 70° 3, 10 30 15 35 40 All other uses 40,000 SF 40', I 10 30 15 35 40 Cl-Auto Muffi.fuilttil 3.*S1lsnit1'12 or 151 All other uses 40,000 SF 40° 7 30 15 30 15 35 40 Cl-AIR All 40,000 SF 40%I 70% 30 15 30 15 35 40 CI-LR Single-family 6,000 SF(12) 40% 30 10 30 15 25 4428 2 2 1 4 Two-family 8,000 SF(12) 31-0 40% 30 10 30 15 3525 4028 2 - 1 1 4 Multi-family 3,500 SF/unit(12) 40% 70% 30 10 30 15 35 40 Retail(principal permitted use,max. 5,000 SF GFA) 20,000 SF 40% 70% 30 10 30 15 35 40 Other non-residential uses 20,000 SF 40% 70% 30 10 30 15 35 40 AR Single-family 6,000 SF(12) 30% 40% 30 10 30 15 ,-35- -` 44 „ .•;E ','''''''-3 1 South Burlington City Council Draft LDR Amendments 12-19-2011 Public Hearing APPENDIX C USES and DIMENSIONAL STANDARDS C-3c District Land Use Minimum lot size(max. Maximum site Standard setbacks(feet): Maximum Building Height residential density in dwelling coverage: units per acre) Building Buildings, Front Side Rear Accessory Principal Principal Stories_ }� gvfllue TOW s only otherng and all yard(s) yard(s) yard (flat) (pitched) being Belv o 's- Stories Isee __Stories Street' Roofliue section impervious , 3,Q7t11'lI surfaces Two-family 8,000 SF(12) 30% 40% 30 10 30 15 "'"" 5 ' ' 9y Multi-family 3,500 SF/unit(12) 40% 70% 30 10 30 15 35 40 Retail(principal 20,000 SF 40% 70% 30 10 30 15 35 40 permitted use,max. 5,000 SF GFA) Other non-residential 20,000 SF 40% 70% 30 10 r 0 15 35 40 uses SW Single-family 6,000 SF(7) 30% 40% 30 10 30 .r5-25 4A2 ': 3 1 Two-family 10.000 SF(7) 30% 40% 30 10 30 15 33 25 j 4A�$ 2 ^ 3 I 4 Multi-family 6,000 SF/unit(7) 30% 40% 30 30 1 5 35 40 Retail(principal 20,000 SF 40% 70% 30 30 15 35 40 permitted use,max. 5,000 SF GFA) Other non-residential 20,000 SF 40% 70% 0 30 15 35 40 uses CD-1 Please see Article 8,Cent' s'strict ;'' 15 35 35 CD-2 15 35 35 CD-3 15 35 35 CD-4 15 35 35 C2 Multi-family 6,000 SF/unit(7) 4 40% 70'o 30 10 30 15 35 40 All other uses 40,000 SF 40% 70% 30 10 30 15 35 40 IC All 40,000 SF I ° 70% 30 10 30 15 35 40 AIR All 3 acres 30%I 50% 50 35 50 15 35 40 AIR-I All 3 acres 30% 50% 50 35 50 15 35 40 10 All 3 acres 30% 50% 50 35 50 15 35 40 South Burlington City Council Draft LDR Amendments 12-19-2011 Public Hearing South Burlington City Council Land Development Regulations Draft for Public Hearing 12-19-2011 ARTICLE 3 GENERAL PROVISIONS 3-15 Figure 3-1 Height of Structures ' . 1. 35' -1111 40' WVA4 AVERAGE 1 PRE.CONSTAtrCT3QN GRAD[ .,r z „4-t»+ .�.:.. - e. , 1) FLAT ROOF STRUCTURE PI' D ROOF STRUCTURE p 40' 35' - CAVERAGE.. AVERAGE M PAL-CONSTRUCTION GRADE PRE-CQNGYRLCTTDN GRADE 3j COMMERCIAL STRUCI"URE ON S PITCHED ROOF STRUCTURE ON SLOPE o . ..,.. ..rIAIMIVirr .41100rm _ r► tripAftill40' � 46' AVERAGE PRO-CDNSTRLICTIDN GRADE SINGLE-FAMILY RESIDENTIAL (6) SINGLE-FAMILY RESIDENTIAL STRUCTURE WI GABLE DORMER STRUCTURE W/SHED DORMER 3.08 Temporary Structures and Uses A. General Provisions.Any temporary use of a lot, not approved in connection with the primary use of that property, shall be restricted according to the provisions of this section.This section shall not apply to peddling activities that are regulated through the Ordinance to Regulate Peddling. B. Location of Temporary Uses and Structures. Temporary uses or structures on a lot shall not be placed or conducted in such manner as to obstruct or interfere with vehicle South Burlington Land Development Regulations Effective March 15, 2011 Figure 3-1 Heights of Structures South Burlington City Council Land Development R lations LL re AllbilDraft for Public Heap 12-19-2011 o g 0- re 17) O STORY ,~N-. O STORY STORY w Q STORY w STORY STORY y z 2 W W W J w 2 ySTORY STORY STORY y y O 0 OF x co STORY m STORY STORY v Si w m v BASEMENT BASEMENT ki 1 0.1111 ' v O STOR \ STORY ^ AVERAGE GRADE \ PRE-CONSTRUCTION X74 }Q i pr N W O :11b. STORY , v\� w STORY ,,, W 0 STORY c7 ix K LLLL F OF 8 STORY STORY W w y Nw STORY � O m p N m w w I Fe N O co O O STORY v Q N LL mloommmumummimmmmlimommm STREET 1 NISI CELLARN \ ,. BASEMENT STORY FLOOR TO CEILING<8.5' IIIII hL IlL ink. . 441111 STORY 1111111 w w_ 1111' y STORY OF STORY co w N ix 0 y STORY \ BASEMENT STORY ^ i w \ " STREET ' I I kS4 I LI.\I:k 1 1 1 AVERAGE PRE-CONSTRUCTION GRADE4) ISERS OF BUILDING Note : drawings shown for illustrative purposes BY MEASURING THE HEIGHT AT ALL(4)CORNERS OF BUILDING g P p Figure 3-1Land Heights of Structures South Burlington t Rty Council gLand Development Regulations Draft for Public Hearing 12-19-2011 x x FN W w x x w z z = o z o m J m PITCHED ROOF PITCHED ROOF FLAT ROOF 1111 ID Note: drawings shown for illustrative purposes South Burlington City Council Figure 3-1 Heights of Structures Land Development Regulations Draft for Public Hearing 12-19-2011 25% UP TO 50%OF ROOF 25% 1/6 + 1/6 = UP TO 1/3(33.3%)OF ROOF DORMER \ Lu w ~ ol-LI O all111,6 u_ O 0 c F- -J M w O = z E 6 NOTE 1: HEIGHT OF SHED DORMER IS MEASURED FROM BASE TO PEAK NOTE 2: HEIGHT OF SHED ROOF IS LIMITED TO A MAXIMUM OF 5'ABOVE THE PRINCIPAL ROOF HEIGHT • Note: drawings shown for illustrative purposes Figure 3 1 Heights of Structures South Burlington City Council Land Development Regulations " !! •ic'earmg 2-19-2011 TOTAL TOTAL STORIES = 2 STORIES = 3 g4Z1-)1„.,-- - Ao:"/"' —'',..zotari-,- 14,4iilltr Nrj Aiii;•=:•sv • ....::;4:'''''''''' TOTAL TOTAL STORIES = 2 STORIES =0 LIMITING HEIGHT TOTAL TOTAL STORIES =(1) STORIES = 2 - ° £k II LIMITING HEIGHT i g i K " 1 r 1 Note : drawings shown for illustrative purposes „Niili ,i i llytl ip,,:1 //'i/--t. 1 .,!7 , . RLAY t ?� ,-, ;- I \ r- f LIB■:11. rlingto i L Couxfi 4: . milling:12 . .0.\-, / liall . igia , Iliallin. III i_ �1111 milMili /. i ' ''' N.`,.,-724-wwill, .71 :'; .4**111174.1N-‘, ill / �_, 1 . r \ ::. ..,,,,,,_, c.: , , . ,,, k, , t , _3, 1 T t xr.- \\''''1'. ' C3 ' 7 ti 1ii,' —� U may.- ^':� dil ,a t JNM 1 7 fr i al , fili=.111, _,I._ willit -- ,,i... , 7• : iii;,.8. •-1--trypir---jr,.: ..,106: •_..1,.4.,... -- ._. >./.., LI I, WINO jiiii .a. 1111 t _Q .. } Legend N t - - - CCTA , _ 1+4± �� .. Bus Routes ,11—s_1 1z1O1:1M:::aT. ai.iil. '`~... , ,.-. l Transit Overlay District . .1- *- f L--i 3 --i Tax Parcel Boundary : _.. 4 Road Centerline t for ' ublic He g Interstate Highway �- -20 1 � �� ` US or State Highway "� ` /\/ Class 1-3 Town Highway • southbu rli ngto PLANNING & ZONING South Burlington Planning Commission Proposed Land Development Regulation Amendment Report Public Hearing Scheduled for November 8,2011 In accordance with 24 V.S.A. §4441(c),the South Burlington Planning Commission has prepared the following report regarding the proposed amendment to the city's Land Development Regulations. Brief Description of the Proposed Amendments The South Burlington Planning Commission will hold a public hearing on Tuesday,November 8th at 7:30 PM in the City Hall Conference Room, 575 Dorset Street, South Burlington, VT to consider the following amendment to the South Burlington Land Development Regulations: 1. Amend city performance bonding requirements; 2. Establish requirements for submission of materials in digital form; 3. Adjust standards for heights of residential buildings and buildings in residential zoning districts; establish standards for numbers of stories; 4. Establish a Transit Overlay District and adjust permissibility of transit-related land uses in various areas; 5. Clarify conditional use standards to be consistent with state law; 6. Clarify standards for nonconformities to be consistent with state law; 7. Adjust or establish maximum numbers of units in a structure in the R1, R1-PRD, RI- Lakeshore, R1-Lakeview, R2, and SEQ districts; 8. Modify setbacks for Planned Unit Development side and rear perimeters; 9. Adjust setbacks for multifamily in the R2 district for consistency with other uses; 10. Modify table of uses related to multifamily housing and drive-through banks in the C l- Auto district; retail warehouse outlet in the I/O district;places of worship; and clinic. 11. Generally amend defmitions and tables for clarity and associated with proposed amendments; and, 12. Complete technical corrections. Findings Concerning the Proposed Amendment The proposed amendments have been carefully considered by the Planning Commission over the course of several meetings for their consistency with the text, goals, and objectives of the City of South Burlington's Comprehensive Plan, last adopted March 9, 2011. The proposed amendments are compatible with the goals and policies of the Comprehensive Plan. Specifically: 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com The following proposed amendments are intended to improve clarity and accuracy within the Regulations. • Generally amend definitions and tables associated with proposed amendments; and, • Complete technical corrections. • Establish requirements for submission of materials in digital form; y The following amendments represent adjustments to standards within the Regulations that are consistent with the intent of the regulations, the Comprehensive Plan, State Law, and Federal Law: • Clarify conditional use standards to be consistent with state law; • Clarify standards for nonconformities to be consistent with state law; • Amend city performance bonding requirements; • Adjust standards for heights of residential buildings and buildings in residential zoning districts; establish standards for numbers of stories; • Establish a Transit Overlay District and adjust permissibility of transit-related land uses in various areas; • Clarify conditional use standards to be consistent with state law; • Clarify standards for nonconformities to be consistent with state law; • Adjust or establish maximum numbers of units in a structure in the R1, Rl-PRD, Rl- Lakeshore, Rl-Lakeview, R2, and SEQ districts; • Modify setbacks for Planned Unit Development side and rear perimeters; • Adjust setbacks for multifamily in the R2 district for consistency with other uses; • Modify table of uses related to multifamily housing and drive-through banks in the Cl-Auto district; retail warehouse outlet in the I/O district; places of worship; and clinic. These amendments are compatible with the goals and policies of the Comprehensive Plan. In general, the amendments will provide greater internal consistency within the document and its standards, advance the goals and intent of the Comprehensive Plan, and achieve greater consistency with State and Federal Law. The amendments include the establishment of a transit overlay district and associated adjustments in the permissibility of transit-oriented land uses, and also allow for residential and bank uses in the C l-Auto District. These amendments are furthers the Comprehensive Plan goal of encouraging a land use pattern generally consisting of a higher-density, compact urban core and continued investment and growth in existing developed corridors. The amendments adjust permissible heights of buildings and numbers of units in a structure in certain districts, and adjustments to permissible perimeters of Planned Unit Developments; these amendments are consistent with the Comprehensive Plan goal of protecting existing and developing residential neighborhoods through appropriate zoning and response site planning. Several of these amendments advance the municipal and statewide goals of enhancing affordability of housing, by allowing for housing in the Cl-Auto district and by fostering more land uses to be located within walking distance of transit service, which in turn reduces need for autos. The following amendments include map changes: • Establish a Transit Overlay District. The proposed amendment is consistent with the Comprehensive Plan. The amendment consists of creating an overlay zoning district that generally borders fixed route transit service within the city. The overlay district will serve to incent and require certain land uses to be located within walking distances of transit service in the city. These amendments are consistent with Comprehensive Plan goals related to land use patterns, as noted above, and to creating equal access opportunities for all income levels and abilities. City Council �1AL C City of South Burlington 0 P`1/ 575 Dorset Street ;Li / South Burlington, VT 05403 (802) 846-4105 `P`rOCIAt1�r As per your request during an executive session on November 21 St with Bob Rusten, Assistant City Manager, please find attached responses to the following Mission questions: To promote home,school, and community gardening as a means to renew and • Gain a better understanding of how these proposed uses may be different from sustain the essential how the property is currently being used and what changes in the lease are connection between needed. people,plants,and the • Understand how these uses fit into a nature park. environment. • Understand in what ways, if any, would the public be restricted from using the property due to NGA activities. • Understand the NGA's desire as to who makes decisions regarding the property Vision and buildings. To create plant-based • Understand NGA's long-range vision for grounds improvement and public initiatives that speak to usage. young minds,educators, • Understand how the City will benefit from this extension. youth and community • Better understand the acreage be requested from NGA. organizations,and to the • Understand the types of fund-raising activities are contemplated and whether general gardening public alcohol will be available. in five core areas: plant-based education, health and wetness, In addition, to help the City Council members understand the history of Vermont environmental stewardship. Garden Park, and the National Gardening Association, we have attached these community development. additional documents to assist in your review: and home gardening. • 2001 Vermont Community Botanical Garden Brochure National Gardening • History of Vermont Community Botanical Gardens & Vermont Garden Park Association • Current NGA lease agreement(amended VCBG lease) dated May 1st 2005 1100 Dorset Street • 2010-2011 National Gardening Association Annual Report South Burlington • Draft— Interim Plan defining 14-acre Vermont Garden Park area Vermont 05403 •National Gardening Association descriptive brochure Ph:(802)863-5251 • Certificate of Corporate Resolution of National Gardening Association Fax:(802)864-6889 www.garden.org If you have any questions or concerns related to any of the information provided, either prior to or following our scheduled council meeting on December 19th, I can be reached directly on my cell at: (617) 905-0467 Sincerely, Paul Simon, PLA . ,t. .. ... -, `� � Vim' ik Y Lid ---,:,___ : :-.‘ , J ..,...e ' 'i '`' a; " S i '' ,e' ,1_ v a iy 4,1\ -•., CQ`}� ilk Q • i CO — a s � . o .� Lj o V 0 ..•f1„ Things you'll be able to see, co Gar', s q i r a learn, and do at the Vermont / �,+h�;te,= ' / CommunityBotanical Garden �`'° li.`�� Rt `�ly w'!d�` e ' � � i4or4a . - J"' , ? t-_ a, L,_. x �"` ( Attend lectures and workshops. See prize- X ® �,rGNlillliii winning perennials and amazing annuals. See h ® sr"nao"S`Sa �t1 regret`; colors in harmony for the senses, mind, and spirit. ` /f/Ug!/�� Thecreel. .7 C 9ardew ' s (hrldrens -.I �I Discover new plants for your garden. Get dirty! Learn about G - garden --� 0s pre ^1r 7 e de m American history and other cultures. Get acquainted with IQ ' lone s , ,,a "� . er t q yd 3 - "Lym T Wood c' -R1, C',` ---,r: Xis genus, species, and cultivars. Go for a hike. Meet a ""s"''"'",""'" , .,.__ .,' ` '. ` °-"°rd R Oorset Street 2 friend for lunch. Be proud of your community garden. Be moved by mountain views. See propagation with personality! Volunteer to plant, prune, mulch, and weed. Get married in the event garden. Fly a kite on the green. Join your neighbors at a meeting or picnic. Go to a concert. Hear children laughing and bees a-buzzin'! Nurture plants in the greenhouse. Meditate... E IDO C O1 O O N - O 7 N -O Om CD a U O '6 O L � O s � O E d ) Q 2 5 c '° fn m c . 2 n o .- n 0 0 E (n x z 0 0 ° Q oy o ° 3 ° ° a >, ° R a Q m 3 U i C • uUi 9' > co O O ay c6 p to +- o w V .- cn CO c°'i L 3 0 c ° o o o ° o 3 E p .° a �C a /I\ d c a) U •Ca a) o U - U (6 - O' �'� tl/ _ m — ° — a� o ° n - m c ° o /� d o m — o COo - s o s o > ,, m a i( N O U O 7 a U 'y O U 'C ° L 4- O R N V a o p TO • TO E _ - dC - " }` a a3 W N 'Co'N E 5 N OC >' C O Q C . co QC fa E2 t>' E asp Q aO OO a) N 7 a) O .— al O a) C n as — Cl) a r = 0 R p, 6 E T) n - c a - C 0--• o m a ) a iC R A y N cV •usR Fe fi) a3 -6 -O d - ' C a > O' C - a) ° , a U ° c -a c C 7m — N CD N r o CT) o7c ° ° a a ° ca o> m ' oEo N r _2 c - - c + a a'° O o ° 3 3 eEi •� E 0 - o Ti, t • N O N O N a) a) '�' N O O O >' O N >' 3 fA Ca C 7 +o 0 �O a_ c Z GH > C b4 Ca > 69 O) O_ fR Q U .,_ 0 E,9 Q U v- 0 O ifs' l= 2 Ca - m = �-1 T a) a) O oo o E a r £ 3 4 0 LJ = Q t= d c] m z a 6 a W - I I I yr• Our The 22-acre garden will Phase 1 Garden Timeline ,~w " ' Vision serve the entire p„An community—children and Winter Spring Summer Spring Fall Summer Located on adults of all ages and 2001 2001 2001 2002 2003 2004 . nMnxr°nnn the historic abilities, schools, I I I I I I S. W Nre r51�r "" Wheeler/Calkin businesses, organizations Founders Garden Plans Capital Capital Ground- Garden """°°"" '' Farm in South Fund Completed Campaign Campaign breaking Grand r .' —by offering a broad "°w° "' Burlington, Created Preparation Underway Opening < .,„.UR spectrum of workshops and VCBG will be Begun ,_ educational programs. the first public "" " � .� The picturesque, park-like ; y between botanical garden ,_ design will include an annual/perennial garden; Q,,_ P_ Montreal and American Cottage garden; tea garden; a large, t`. . *_ Massachusetts. distinctive children's garden; community gardens; fix, Western woodland garden; and a hedgerow when ' ' tr officially open to the public in 2004. Later phases will ill!„►I ,0 add a Parterre; rose, herb and vegetable gardens; an ., .�i . ° ' ` event garden; large green; a maze; a secret garden; }" and many more. J N u <-- 4''rR In summer, visitors will enjoy breathtaking mountain Tro{• ,• 1.7 views in a natural amphitheater while they enjoy a picnic, a musicalperformance, or even a wedding.p g • fin. • '' {( Our greenhouse, educational center, conservatory, k,,.`,y visitor's center, and gift shop will be open year-round. Our plans are steadily becoming reality. Since becom- l .: '' ing a nonprofit organization,VCBG has created Please help us build this beautiful • several temporary and some permanent gardens. Even now, visitors to the property enjoy looking at and garden and COmmunitti resource bq Aill,, learning about the plants already in the ground. becornin8 a member! Building Community N� _ ® •�' " r SPEAR ST. SPEAR ST. E EAST AVE. . , The seeds for the Vermont Community ! ¢ I 1 r , ';h Botanical Garden (VCBG) were planted by �� m �.� ,.8, )44— . Exit countless community volunteers, the City of Course I I ,t �iR•-,� W DORSET ST. .w South Burlington, and the National Gardening © o s«o, DORSETST o =�40,4'' $; • Vermont Community kt w `; •` _ _ Association.The project is flourishing thanks Botanical Garden y - is b� • to a Founders Fund campaign, several grants, xo" J , .: - and to generous support from people like you. V E O NT COMMUNITY - �} �; r , ' °'� ' �4 M�• , tCar ;rt VCBG will continue to row with more new -••4, f "t g °YT NICAL GARDEN w°*;v '' '; �.: r ,. , ° ' gardens, workshops, and activities each year. T. } �r, °='' R {, A 501(c)(3)NONPROFIT oRGANI7ATION " , ,• i °�+r Come join USI ' _ ` r 1100 Dorset Street, South Burlington,VT 05403•(802)864-5206 .`' . r $ vcb vcb .or • www.vcb .or y' . t Printing courtesy of Chittenden Bank• Many thanks to the National Gardening Association and to Gardener's Supply Co. t t „' ,-,"`..:, •__.,, -,' •�' •", "" , Dear City South Burlington Council Members, Please find below responses to questions raised by the council to The National Gardening Association. Gain a better understanding of how these proposed uses may be different from how the property is currently being used and what changes in the lease are needed. The proposed uses of the leased property do not differ from how the property is currently used. However, now that the grounds have been enhanced, we are anticipating much more community utilization. We anticipate hosting events and adding more educational display gardens in accordance with our lease. In addition to the current educational programming and small community events that currently take place (all free of charge), we plan to increase educational programming, collaborate more with local groups and organizations, and begin to host outdoor weddings, receptions and meetings as a means to raise funding to support the ever growing operations of Vermont Garden Park. We do not feel that any changes to the current lease are necessary for this to occur; in fact, these uses have always been part of the planning efforts for the development of the park and part of the lease agreement. We simply hope to extend the lease so that large donors might be more willing to invest in the enhancement of this public property. Understand how these uses fit into a nature park. The Vermont Garden Park is a 14 acre portion of 119 acre Wheeler Nature Park. The Wheeler Nature Park Management Plan and the LANDS report of 2009 provide an overview of five distinct management areas which are: 1. The Core Forest & White Pine Forest, 2. The Peripheral Forest, 3. Grasslands, 4. Shrublands, 5. Wetlands. NONE of these five Natural areas are identified as part of the 14 acre leased parcel. However, the document does describe the 14 acre parcel as "The Homestead." The Homestead Parcel is further described as part of the Nature Park management plan as follows: "The City's vision for this parcel has been to maintain it as a resource for the community to engage in activities" as indicated on page 18. In addition the Nature Park Management Plan describes "NGA having put into practice the City's vision of providing South Burlington residents a place to learn about and engage with a valuable natural resource in our own community by working with volunteers, local garden clubs, Master Gardeners and the University of Vermont". Keep in mind, that the term "Nature Park" in describing the grounds is relatively new. The Natural Resources Committee states in their Management Plan that"The term Nature Park best reflects the community's goal for the property." However the draft document also mentions that this plan "will serve as the first steps of outreach to the people of South Burlington, such that their vision for the parcel may also be shared and incorporated into the document", further suggesting a need from our South Burlington residents for their input and goals of the property. NGA is in agreement with the city for the management of the five core areas of the 105 acres of the Nature Park, We also believe the 14 acre homestead parcel and proposed gardens are in keeping with"The City's vision to maintain it as a resource for the community to engage in activities". In addition, it is important for the city council to understand the complete history of the parcel, including a bond vote in 1986 for the Acquisition of Park Land, (attached) for a"Concept for a City Park". The History of the Vermont Community Botanical Gardens (attached brochure) demonstrates that, even after the original Vermont Community Botanical Gardens non-profit organization folded, support for a smaller scale botanic garden continued with the creation of Vermont Garden Park. The concepts for the development of educational and display gardens have carried through from the VCBG lease into the NGA 2005 lease with the city(attached). Exhibit 'C' on page 17 of the lease indicates that both the National Gardening Association and the City of South Burlington will work with the local community to create the Vermont Garden Park. We are certain that NGA is meeting the goals set forth in both the 2005 lease agreement and the DRAFT Nature Park Management Plan of 2011. Understand in what ways, if any,would the public be restricted from using the property due to NGA activities. The public would not be restricted from using the property and buildings while an event is happening. The Children's Play& Learn Garden, other educational elements, as well as all other display gardens would still be open and available for public enjoyment. Furthermore, in addition to weddings and private planned events that would raise monies for the continued maintenance and administration of the park, the lawn and event space could be used for public events and enjoyment by South Burlington organizations and residents. It is important for the city council to understand that most of NGA's on-going activities take place within the building it rents, and the 14-acre Vermont Garden Park is currently host to a variety of other organizations including(but not limited to) community gardeners, garden clubs, master gardeners, youth at risk groups, Alzheimer's groups, the Root Center's hunger relief program, and local schools and colleges. The children's garden, display gardens, and general open space would be open to the public even if an event were taking place in the event area. This is in keeping with the goals of the lease agreement "to provide a park-like setting with open space, public gardens, and nature trails for all residents to enjoy," ensuring that public access is not be restricted. Understand the NGA's desire as to who makes decisions regarding the property and buildings. NGA currently makes decisions regarding the property and buildings. We seek City approval from appropriate offices or committees when required by our lease agreement or other city rules, regulations and ordinances. Our desire is for this to continue, in accordance with our lease agreement. It is important that our 501(c)3 non-profit organization remain clearly under its own managerial and financial authority. Understand NGA's long-range vision for grounds improvement and public usage. Our vision is to continue "development" and improvement of the 14 acres (as per our leasehold interests) to provide additional educational and display garden opportunities and improved access for the general public,whether residents of South Burlington or individuals visiting South Burlington, and in accordance with the vision of the lease. Understand how the City will benefit from this extension. The City will benefit from multiple perspectives. If NGA continues as the long-term caretaker of the property, improved and increased educational opportunities for area residents and visitors will be available, and increased traffic to South Burlington area businesses from event visitors frequenting local hotels, restaurants, gas stations and stores will occur. It is very important and in accordance with the lease agreement(pg 17) that"NGA and the City of South Burlington agree to collaborate with each other and other agencies to write grants and seek public and private funding to support the new gardens, programs and buildings on-site." The collaborative and good-faith efforts between the city and NGA to further the development of the 14-acre Vermont Garden Park in accordance with the lease will benefit both the South Burlington community and Vermont as a whole. Better understand the acreage be requested from NGA. NGA is not requesting additional acreage at this time,just a clear delineation of the boundaries of the14 acres we are leasing. The map of 14 acre footprint we have asked for consensus on has been provided to City staff and is also attached. At this point, we're leasing property the exact boundaries of which have yet to be defined. Understand the types of fund-raising activities are contemplated and whether alcohol will be available. As noted above, we plan to host events (weddings, receptions, meetings, etc.) for a fee to raise funds for ongoing development and maintenance of the leased grounds. Alcohol will likely be available at some events, but not all. Any event where alcohol will be served will be run by a licensed caterer and all necessary permits will be obtained. Hosting events on-site has always been a part of the concept for the park and in accordance with the lease agreement between NGA and the city. Sincerely, 2<. ,„(13 Michael C. Metallo, President& CEO The National Gardening Association Email: mikem(&,,garden.org Office: 802-863-5251 ext. 123 History of the Vermont Community Botanical Garden and the Vermont Garden Park The City of South Burlington's long-range plan for Dorset Park, called for balancing the growth of the nearby downtown district with an area of"open, quiet and beautiful space for residents to enjoy." The city wanted to partner with a non-profit organization that would move into and renovate the century old Calkins House,a 1903 brick farmhouse on 100 acres of land, and develop the land for passive recreation as a counterpoint to the active recreation area and ball fields across Swift Street. At the same time, the National Gardening Association was looking for a new home that would suit their needs for more space and demonstration gardens. The mission of the National Gardening Association (NGA) is to sustain and renew the fundamental links between people,plants and the earth. NGA is the nation's largest nonprofit organization devoted to gardening, gardening education,and education through gardening. In 1999,NGA and the City of South Burlington began talking about working together. At the time,the resulting agreement called for NGA to pay a reduced rent in exchange for renovating the building for office space. NGA completed work and moved into the building in the summer of 2000. To date,NGA has spent over$105,000 on the building renovations alone. During the 1999 discussions, the idea was floated of using some of the land around the building as public gardens. Conversations with community leaders and survey's from attendees to the Vermont Flower Show indicated widespread enthusiasm for a botanical garden. The idea of a botanical garden began to take shape following these efforts. Prior to the National Gardening Association's move to the facility, the first Master Plan was drawn in 1999 based on an Advisory Board's input as to the type of gardens that would be possible on the site. It called for using approximately 20 acres to create a garden. The decision was made to form a nonprofit corporation with a Board of Directors made up of representatives from the City of South Burlington,the National Gardening Association and the general Vermont community. In the spring of 2000,Vermont Community Botanical Garden, Inc. (VCBG)began offering memberships, and as of September 2001 there were over 360 members. During the winter of 2000-2001,VCBG began soliciting substantial public input in redesigning the gardens to fit the needs of the community. VCBG met with school administrators and teachers,youth groups, seniors,and others across the community and region to receive feedback on the types of programs that could be offered. These included specialty demonstration gardens,workshops, and access for the elderly and physically disabled. It was clear that the 20 acres"would be a place for gardeners to gather and it will create a park-like setting for everyone to enjoy gardens and nature while learning, eating lunch or walking". The State of Vermont had given the project a vote of confidence, awarding a$21,000 Community Development Block Grant for planning in 1999 and$40,000 through the House and Senate Institutions Committee for design and infrastructure work in 2001. The City was then ready to sign a long-term agreement with VCBG for use of the land to create the botanical garden. Early support received from the Friends of Lyman Wood helped renovate the Calkins Building for NGA's use. In 2001 VCBG completed a$200,000 Founder's Fund campaign to help create some gardens at the site, continue with the design work,and begin to prepare for a capital campaign to implement the Phase I plans for additional buildings and gardens. As we all know, in September 2001 the World Trade Center was attacked. As a result of the economic repercussions of the attack, shortly thereafter the funding efforts by the VCBG capital campaign began to fall apart. The elaborate plans and vision for the Vermont Community Botanical Gardens lost funding support and in 2002, after having raised $453,000 dollars in support of the project-and despite the considerable investments by members of the community, the VCBG organization folded and no longer exists today. However,the desire and vision to continue with the development of gardens by the city and community remained. The City of South Burlington approached the National Gardening Association,which at the time was only leasing the building,to see if NGA would consider an amended lease agreement to include the 20 acre parcel previously held by VCBG. In May, 2005 The National Gardening Association and the City of South Burlington completed a memorandum of the VCBG lease, dated October 21, 2002. The concept for the botanical gardens was never abandoned,rather carried through on a smaller scale into the 2005 NGA lease with modifications to scale down the scope and vision of the original VCBG plans. The new lease outlined realistic milestones,a reduction in acreage(from approximately 20 acres to 14), and a realistic timeline with a four-phased approach to the garden developments. Beginning in 2005, the National Gardening Association and the City of South Burlington agreed to work with the local community to create what became known as Vermont Garden Park. Since 2005,NGA has raised over$148,000 that has gone directly into this 14 acre project. In addition,NGA has incurred$100,000 in maintenance costs since 2006, and numerous volunteer organizations have donated over$45,000 during this same time period toward garden development, enhancements, and continued maintenance. Since NGA took over the VCBG lease agreement in 2005,the total amount incurred to date equals $398,000 from building improvements, site improvements, maintenance, and volunteer hours. This does not include the countless staff hours spent on site improvements and maintenance. As part of this mutual commitment(and in accordance with the lease)NGA has been working with other educational and volunteer groups to coordinate workshops and install and maintain gardens. As of 2011, these organizations, including the Master Gardener's program,Treeage, Garden Club, American Meadows,The Root Center, Center for Technology-Essex,UVM, Saint Michaels College, and yourfarmstand.com, along with numerous volunteers have been and will continue to be a great part of the success of the park. In fact,their contributions form the basis for an obvious model for the continued master plan development. By employing this model,NGA will continue to create shared value for both the numerous existing and proposed organizations that have an interest in furthering the development of the park. In addition,NGA has facilitated a phased series of site developments in conjunction with the City of South Burlington and local residents. These Garden and Site developments are outlined in four phased periods in accordance with the lease agreement(pgs 17-19). It is important to note that these four phases include commitments from both the National Gardening Association and the City of South Burlington. Phase 1: Garden& Site Development 2005-2008 (for details see lease agreement pgs 17-19) Phase 2: Garden& Site Development 2008-2010 Phase 3: Garden& Site Development 2010-2015 Phase 4: Garden& Site Development 2015-2020 The National Gardening Association has made significant progress toward meeting its goals for the Park. In 2010,as part of its commitment toward meeting the plan goals,the National Gardening Association arranged for Trudell Consulting Engineers to donate their services to provide a complete topographic and utility survey for the property. In addition,the natural resource areas were identified, including class 3 wetland regions, and existing property line data was confirmed. The results of the survey and property line plan included two parcels of land totaling 20.75 acres,consistent with the formal VCBG lease agreement; however,this is inconsistent with the current lease agreement with NGA of 14 acres. In the winter of 2010,NGA submitted plans to enhance a portion of their current leased area for the installation of a wind turbine located adjacent to the new tree house structure. This permit application has since been delayed. The City of South Burlington requested to meet with NGA and advised us that our 2005 lease was in question and that we had to renegotiate a new lease. Since this time, a number of incongruities were identified,which led NGA to request that the City formally identify the boundaries of the14 acre leased parcel . (Following a recent discussion with Paul Conner, Director of Planning,NGA has submitted a plan outlining a 14 acre area for the city's review and consistent with our current lease agreement and respectful with the Wheeler Nature Park Management Plan) Discussions began with the city in early 2011 regarding the lease agreement.NGA was amenable to negotiations with the city,knowing that our successes with the in-progress development of Vermont Garden Park, work of various volunteer organizations, and community outreach had been going very well since NGA took over the VCBG lease agreement. We were surprised to learn the City officials had very little appreciation for the legacy we'd begun. Discussions with the city have touched on various subjects as they relate to the current lease agreement such as: defining the boundaries of the 14 acre leased parcel, upgrading and moving the community gardens,upgrading the water service, and installation of a driveway from the Swift Street Extension to the building. Additional discussions not pertaining to the current lease were also held concerning potentially increasing the 14 acre leased area back to the original 20.75 acres set-aside, and extending the lease agreement for a longer period of 50 to 100 years. Unfortunately,NGA has found it most difficult to engage in frank discussions due to the lack of transparency on the part of the City,along with the heavy-handed approach taken by members of the City administration toward the National Gardening Association. In fact,many of our planning efforts have been stalled this past year precisely because our conversations have proved unproductive. NGA believes that moving forward with the development of the gardens as originally envisioned. respects the site's history and natural beauty,and is in the already approved best interest of South Burlington and greater Vermont. We have reviewed both the LANDS report of 2009, and the Draft Wheeler Nature Park Management Plan and are certain that the development of the gardens as originally planned supports the city's goals for the homestead parcel and passive recreation activities for South Burlington residents' enjoyment. The continued development of the NGA draft master plan concept is influenced by three key factors: 1. The current successful programs as described previously. 2. Previous iterations of the botanical garden concept,which garnered a history of community support,both financial and emotional, since 1999,and has carried through into the current lease agreement for Vermont Garden Park. 3. A multidisciplinary approach to provide a broad range of engineering, landscape architecture, planning, environmental,and surveying services in support of both the development of gardens and conservation enhancements to the 14-acre Vermont Garden Park. All of these factors respect the foundation laid out by the LANDS report of 2009 and the Wheeler Nature Park Management plan that describes the"City's vision of providing South Burlington residents a place to learn about and engage with a valuable natural resource in our own community by working with volunteers, local garden clubs, Master Gardeners, Saint and the University of Vermont." We hope this information helps the City Council understand the documented history of Vermont Garden Park and our vision for moving forward with the continued development of this important amenity for our South Burlington residents. Sincerely, A--7 Michael C. Metallo, President& CEO The National Gardening Association Email: mikem@garden.org Office: 802-863-5251 ext. 123 ul31 12-J c; AMENDED LEASE AGREEMENT THIS AMENDED LEASE AGREEMENT ("Agreement"), made this lst day of May, 2005, is by and between NATIONAL GARDENING ASSOCIATION, INC., a Vejinont nonprofit corporation with a place of business in South Burlington, Vermont, as lessee ("NGA"), and CITY OF SOUTH BURLINGTON, VERMONT, a municipal corporation, as lessor ("City"). WHEREAS, the City, as lessor, and Vermont Community Botanical Gardens, Inc. ("VCBG"), as lessee, were parties to a certain lease dated October 21, 2002, with the leased premises being a portion of the City's property located on Dorset Street, in the City of South Burlington known as Catkin Farm (the "VCBG Lease"); and WHEREAS, a Memorandum of Lease for the VCBG Lease, dated October 21, 2002, was recorded at Volume 572, Page 484 of the City of South Burlington Land Records; and WHEREAS, NGA was a sub lessee of VCBG pursuant to Article 21 of the VCBG Lea?e; and WHEREAS, pursuant to Article 21 of the VCBG Lease and by Assignment of Lease Agreement dated May 1, 2005 and recorded in Volume , Page _ of the City of South Burlington Land Records, VCBG has assigned its interest n and to said VCBG Lease to NGA and NGA has accepted and assumed all of the obligations of VCBG under the VCBG Lease; and WHEREAS, the City and NGA desire to enter into an Amended Lease Agreement, which shall amend and supersede the teiius and provisions of the VCBG Lease and which temps and provisions are more specifically set forth herein; NOW THEREFORE, in consideration of the mutual promises, covenants, rent, agreements and conditions contained in this Agreement, the City agrees to lease to NGA the property in South Burlington described below for the purpose of developing a garden park and plant based education facility. 1. Description of Premises, Demise. a. The City is the owner of a parcel of land located on Dorset Street in the City of South Burlington, Vermont, comprised of approximately 100 acres and known as Callon Farm. The City hereby leases to NGA, and NGA hereby leases from the City, upon and subject to the terms and provisions of this lease, approximately 14 acres of said Calkin Farm property, as depicted on Exhibit A (the "Property"), NGA shall cause the Property to be surveyed, and upon completion of the survey, NGA shall prepare a legal description of the Property to supplement Exhibit A to this Agreement. The City shall provide such access and cooperation as is reasonably necessary to conduct such survey. b. The Property is currently improved with a three story brick building known as Calkin House that has been converted to office space. NGA shall construct on the Property a garden park, additional office and meeting space that may incorporate and alter the Calkin House, parking areas and other site improvements in several phases as described on Exhibit B (the "Site Improvements"). The Site Improvements and the Calkin House are referred to in this Agreement as the "Facilities." The Facilities and the Property are referred to in this Agreement as the "Premises." c. The City agrees to lease the Property to NGA, and NGA agrees to rent the Property from the City, upon the terms and conditions set forth in this Agreement. 2. Term of Lease. a. The Property shall be leased to NGA, subject to all of the terms and conditions set forth in this Agreement, for an initial term of twenty (20) years commencing with the date of execution of this Agreement (the "Commencement Date"). b. Upon expiration of the initial term, NGA and the City shall act in good faith to negotiate a 20-year renewal of this Lease Agreement, or the execution of a new lease for the Property, provided both parties are interested in continuing the lease of the Property. c. It is a condition of the obligations of NGA under this Agreement that each of the garden and site development milestones described on Exhibit C is met in all material respects on or before the corresponding date specified on Exhibit C. In the event that any of said milestones is not met, NGA shall so notify the City in writing, then the City shall have the right to terminate this Agreement by written notice to NGA within thirty (30) days following such notice; provided, however, that, notwithstanding anything to the contrary contained in this Agreement: (i) each of the garden and site development milestone dates set forth on Exhibit C shall be extended in the event of an occurrence of Force Majeure, as hereinafter defined; and (ii) said right of the City to terminate this Agreement shall cease upon expiration of said thirty (30) day period after notice from NGA. d. The "Lease Tenn" means the term of the lease under this Agreement, including, any extension terms. e. Notwithstanding anything to the contrary contained in this Agreement, NGA shall have the right to terminate this Agreement by giving ninety (90) days prior written notice to the City, such termination to be effective upon the expiration of said ninety (90) day notice period. 3. Representations, Warranties and Covenants. a. The City represents, warrants and covenants as follows: i. The City has the full power, right and authority to enter into this Agreement and to perform all of its obligations under this Agreement and to execute and deliver all documents required by this Agreement, and neither this Agreement nor the transactions contemplated hereby constitute a violation or breach of the City's obligations under any law or contract. ii. The City has good and marketable title to the Property subject only to the encumbrances set forth in Exhibit A attached hereto. 7 iii. There are no litigation or proceedings pending, or to the City's knowledge threatened, against or relating to the Property. b. NGA represents, warrants and covenants as follows: i. NGA has the full power, right and authority to enter into this Agreement and to perform all of its obligations under this Agreement and to execute and deliver all documents required by this Agreement, and neither this Agreement nor the transactions contemplated hereby constitute a violation or breach of NGA's obligations under any law or contract. 4. Rental Payment. NGA covenants and agrees to pay the City, beginning on the Commencement Date, and continuing through the initial Lease Tenn, rent at a rate of one dollar ($1.00) per year. NGA shall pay the rent, in advance, commencing on the Commencement Date and continuing on each anniversary of the Commencement Date. 5. Other Financial Responsibilities. It is the intent of the City and NGA that beginning on the Commencement Date and continuing during the Lease Term, all costs associated with the operation and maintenance of the Premises, including without limitation the costs set forth below, shall be allocated between the City and NGA as follows: a. Financial Responsibilities of the City. The City agrees not to levy any property taxes or other municipal charges and assessments against the Premises except for customary utility charges; provided, however, that should the State of Vermont require that the City include the Premises, or any portion thereof, on the City's so-called educational grand list for purposes of calculating amounts to be assessed under Act 60 or Act 68, then the City shall be permitted to assess NGA an amount equal to the educational tax attributable to the Premises which is required to be paid pursuant to Act 60 or Act 68; b. Financial Responsibilities of NGA. i. NGA shall pay all costs of utility services including without limitation charges for electricity, gas, telephone, cable television and water and sewer service to the Premises directly to the entity providing such services. NGA shall pay any penalties assessed for late payment of such bills and shall reimburse the City for any bills the City may pay due to NGA's failure to do so. ii. NGA shall pay the cost of all insurance required as described in section 8 hereof; iii. NGA shall pay all costs for cleaning, repair and replacement of interior and exterior wall surfaces, floor surfaces, ceiling surfaces, the roof, windows, doors, electrical, plumbing, mechanical and heating, ventilating and air conditioning systems, furniture, fixtures, and hardware in the Facilities. 3 6. Use and Operation. a. The Premises shall be used primarily as a garden park and related plant based education facilities that will be open to the general public and secondarily as office space for NGA so long as NGA obtains and maintains all necessary licenses and permits. However, nothing in this Agreement shall prohibit the use of the Premises for other activities provided that all appropriate City, state and federal permits and approvals are obtained in advance. b. The Premises shall not be used for any illegal purpose, nor in violation of any valid regulation of any governmental body, nor in any manner to create nuisance or trespass, nor in any manner to invalidate the insurance or increase the rate of insurance on the Premises. c. Mechanic's and Materialmen's Liens: NGA shall keep the fee estate of the Premises free and clear from all mechanic's and materialmen's liens and other liens for labor done, services performed, materials contributed, used or furnished in or about the Premises, for or in connection with any operation of NGA, or any alteration, improvement, repair or addition which NGA may make or permit or cause to be made on or about the Lease Premises. If such a lien is filed against the fee estate of City, NGA shall, upon City's demand, immediately escrow suitable money or provide other means of surety sufficient to obtain the discharge of said lien. 7. Construction of Site Improvements. a. NGA has furnished the City with copies of the plans and specifications identified on Exhibit B (together, the "Plans"). NGA shall construct the Site Improvements depicted on the Plans substantially in accordance with the Plans (as such Plans may be amended from time to time) and all applicable permits and federal, state and local laws, rules, regulations, ordinances and approvals. b. The parties recognize that it is possible that NGA will modify the Plans in the course of constructing the Facilities and may wish to alter the Facilities after they are constructed. So long as such modifications or alterations relate solely to changes in design of the gardens, landscaping and unpaved areas of the Property, NGA shall have no obligation to seek the City's approval of the modifications or alterations. In addition, NGA may make additional modifications and alterations to City property without seeking the City's approval as long as the cost of same does not exceed $10,000. c. In the event that NGA wishes to make a modification to the Plans or an alteration of the Facilities not permitted under section 7(b), the parties shall proceed as follows: i. NGA shall request in writing, by submitting copies of schematic design plans, the City's approval of the design or construction of the Facilities or any 4 modification, replacement, alteration or addition thereto requiring consent under this Agreement. ii. The City's approval shall not be unreasonably withheld, conditioned or delayed. Approvals shall be deemed given unless the City shall notify NGA in writing within sixty (60) days of the written request thereof, stating the reasons for withholding such approval. NGA shall, upon receipt of the City's reasonable disapproval, modify the schematic plans taking into account the City's objections, and resubmit such revised schematic plans for approval by the City in accordance with this paragraph. Such process of submittal, review and comment by the City, and resubmittal by NGA, shall continue until such time as the schematic plans have been approved by the City. d. Notwithstanding Section 7(b) of this Agreement, all building permits and other peiiiiits, licenses, peiialissions, consents and approvals required to be obtained from the City's Development Review Board, other governmental agencies or third parties in connection with the construction of the Facilities and any subsequent improvements, repairs, replacement or renewals to the Premises shall be acquired as required by applicable laws, ordinances or regulations by and at the sole cost of NGA. The City agrees to use reasonable efforts to assist NGA in obtaining such permits and approvals. e. During the Lease Term, the Site Improvements (other than the Callon House), including without limitation, all additions, alterations and improvements thereto or replacements thereof and all appurtenant fixtures, machinery and equipment installed therein shall be the property of NGA. Title to the Property (Calkin House,) as it exists on the date of this Agreement, shall remain with the City. At the expiration or earlier termination of the Lease Term, the Site Improvements and all additions, alterations and improvements thereto or replacements thereof and all appurtenant fixtures, machinery and equipment installed therein shall become the property of the City, except that NGA may remove its personal property, trade fixtures and equipment that are susceptible of being removed from the Facilities without material injury to the Facilities. NGA shall promptly cause, at the NGA's expense, the prompt repair, in a good and workmanlike manner, of any material injury to the Facilities caused by any such removal. 8. Insurance. a. NGA shall provide on or before the Commencement Date and keep in force during the Lease Term the following insurance: i. General liability insurance with respect to the Premises including personal injury and other medical payment coverage on an occurrence basis with minimum limits of liability in the amount of$1,000,000 per occurrence and $2,000,000 aggregate for bodily injury, and $2,000,000 with respect to loss or damage to property. Such policies and renewals thereof shall name the City as an additional insured - non- contributory and primary. 5 ii. Property insurance covering basic and special perils, in an amount equal to the replacement value of the Facilities, exclusive of foundations, landscaping and gardens. Such policies and renewals thereof shall name the City as an additional insured - non-contributory and primary. ill. Adequate insurance for loss of personal property, trade fixtures and equipment or other property of NGA. iv. Builder's risk insurance for the period commencing on the commencement of construction of any Facilities and continuing until the completion of such construction. v. Workers' compensation coverage for all NGA employees working on the Premises. b. NGA shall provide the City with certificates of insurance and/or policies. All insurance policies shall be issued by insurance companies licensed to do business in the State of Vermont, and shall otherwise be reasonably acceptable to both parties. 9, Maintenance and Repair Obligations. Except to the extent caused by ordinary wear and tear, casualty, condemnation and obsolescence, NGA shall take good care of the Facilities and perform, at its own cost and expense, all replacement, maintenance, repair, and upkeep of the Facilities including, without limitation, trash and snow removal. City and its designees shall have the right to enter upon the Premises at all reasonable hours for the purpose of inspecting or making repairs to the same. If repairs are required to be made by NGA pursuant to the terms hereof, City may demand that NGA make the same forthwith, and if NGA refuses or neglects to commence such repairs and complete same with reasonable dispatch, after such demand, City may (but shall not be required to do so) make or cause such repairs to be made and shall not be responsible to NGA for any loss or damage that may accrue to its stock or business by reason thereof. If City makes or causes such repairs to be made, NGA agrees that it will forthwith, on demand, pay to City the cost thereof, and if it shall default in such payment, City shall have such rights to remedy the default, utilizing those remedies provided herein. 10. Force Majeure. During the Lease Term, NGA and the City shall not be required to perfoiui any term, condition, or covenant in this Agreement so long as such performance is delayed or prevented by extended and unusual inclement weather, fire, explosion, casualties or accidents, failure of transportation facilities, acts of God, epidemics, cyclones, floods, drought, or by reason of war, declared or undeclared revolution, civil commotion or strife, acts of public enemies, blockade or embargo, or by reason of any new law, proclamation, regulation, ordinance or demand by any government authority, inability to procure materials for constructing the Facilities for which there is no suitable replacement, failure to obtain, after exercising reasonably diligent efforts, necessary governmental permits, authorizations and approvals and any other cause not reasonably within the control of the City or NGA and which, even with the exercise of due diligence, the City or NGA is unable, wholly or in part to prevent or overcome (collectively, a "Force Majeure"). 6 11. Quiet Enjoyment. The City agrees that NGA upon paying the rent and complying with the provisions of this Agreement, shall peaceably and quietly have, hold, occupy and enjoy the Premises for the Lease Term without hindrance by the City, or anyone claiming through the City. 12. Hazardous Materials. a. NGA shall not use, transport, store, dispose of or in any manner deal with hazardous materials on the Premises, except in compliance with all applicable federal, state and local laws, ordinances, rules and regulations. The teiin "hazardous materials" as used in this Agreement shall include, without limitation, gasoline, petroleum products, explosives, radioactive materials, or any other substance or materials defined as a hazardous or toxic substance or material by any federal, state or local law, ordinance, rule or regulation. b. The City unconditionally and irrevocably indemnifies and agrees to defend and hold harmless NGA and its officers, employees, agents, contractors and those claiming by, through or under NGA, from and against all loss, cost and expense (including reasonable attorneys' fees) of whatever nature suffered or incurred by NGA, but not caused by NGA or its directors, officers, employees, agents, representatives or subleases, on account of the existence at or on the Property, or the release or discharge at, on, from or to the Property, prior to December 1, 1999, of any hazardous material, including any claims, costs, losses, liabilities and expenses arising from the violation (or claimed violation) of any law, rule, regulation or ordinance or the institution of any action by any party against the City, NGA or the Property based upon nuisance, negligence or other tort theory alleging liability due to the improper generation, storage, disposal, removal, transportation or treatment of any hazardous material or the imposition of a lien on any part of the Property under any law pursuant to which a lien or liability may be imposed on NGA due to the existence of any hazardous material. The City unconditionally and irrevocably guarantees the payment of any fees and expenses incurred by NGA in enforcing the liability of the City and this indemnification should NGA prevail in such action. If any investigation or monitoring of site conditions or any clean-up, containment, restoration, removal or other remedial work is required under any applicable federal, state or local law, rule, regulation or ordinance, by any judicial order, or by any governmental entity, or in order to comply with any agreements affecting the Property (collectively, the "Remedial Work") because of, or in connection with, any occurrence or event covered by the indemnity set forth in this section 12.b., the City shall either perform or cause to be performed the Remedial Work in compliance with such law, regulation, order or agreement, or shall promptly reimburse NGA for the cost of such Remedial Work. If the City elects to perform the Remedial Work, all Remedial Work shall be perfoinied by one or more contractors selected by the City and under the supervision of a consulting engineer, selected by the City. All costs and expenses of such Remedial Work shall be paid either directly, or in the form of reimbursement to NGA, by the City including without limitation, the charges of such contractor(s) and the consulting engineer. If the City shall fail to timely commence, or cause to be commenced, or fail to diligently prosecute to completion, such Remedial Work, NGA may cause such Remedial Work to be performed, and all costs and expenses thereof, or incurred in connection therewith, shall be covered by the indemnity set forth in this 7 section 12.b. All such costs and expenses shall be due and payable upon demand therefor by NGA. c. NGA unconditionally and irrevocably indemnifies and agrees to defend and hold harmless the City and its officers, employees, agents, contractors and those claiming by, through or under the City, from and against all loss, cost and expense (including reasonable attorneys' fees) of whatever nature suffered or incurred by the City, but not caused by the City or its employees, officers, agents, representatives or sublessees, on account of the existence at or on the Property, such existence being caused by NGA or its directors, officers, employees, agents, representatives or sublessees, or the release or discharge by NGA or its directors, officers, employees, agents, representatives or sublessees at, on, from or to the Property, during the Lease Term, of any hazardous material, including any claims, costs, losses, liabilities and expenses arising from the violation (or claimed violation) of any law, rule, regulation or ordinance or the institution of any action by any party against NGA, the City or the Property based upon nuisance, negligence or other tort theory alleging liability due to the improper generation, storage, disposal, removal, transportation or treatment of any such hazardous material or the imposition of a lien on any part of the Property under any law pursuant to which a lien or liability may be imposed on the City due to the existence of any such hazardous material. NGA unconditionally and irrevocably guarantees the payment of any reasonable fees and expenses incurred by the City in enforcing the liability of NGA and this indemnification should the City prevail m such action. If any Remedial Work is required because of, or in connection with, any occurrence of an event covered by the indemnity set forth in this section 12.c., NGA shall either perform or cause to be performed the Remedial Work in compliance with the applicable law, regulation, order or agreement, or shall promptly reimburse the City for the cost of such Remedial Work. if NGA elects to perform the Remedial Work, all Remedial Work shall be performed by one or more contractors selected by NGA and reasonably approved in advance in writing by the City and under the supervision of a consulting engineer, selected by NGA and reasonably approved in advance in writing by the City. Otherwise, the City shall select the contractor(s) and the consulting engineer. All costs and expenses of such Remedial Work shall be paid either directly, or in the form of reimbursement to the City, by NGA including without limitation, the charges of such contractor(s) and the consulting engineer, and the City's reasonable attorneys' fees and costs incurred in connection with monitoring or review of such Remedial Work. If NGA shall fail to timely commence, or cause to be commenced, or fail to diligently prosecute to completion, such Remedial Work, the City may cause such Remedial Work to be performed, and all costs and expenses thereof, or incurred in connection therewith, shall be covered by the indemnity set forth in this section 12.c. All such costs and expenses shall be due and payable upon demand therefor by the City. d. The obligations of the City and NGA under this section 12 shall survive the termination of this Agreement. 8 13. Fire and Other Casualty. a. If the Premises are destroyed or damaged by fire or other casualty and the cost of repair and restoration is fully covered by the insurance required in section 8 (except for any applicable deductible), then NGA shall promptly repair and restore same to substantially the condition in which they were immediately prior to the occurrence of such casualty, and NGA shall make the proceeds of such insurance available to pay the cost of such restoration and repair; provided, however, that the parties understand and agree that the botanical gardens and other landscaping may be restored to a condition acceptable to NGA, as determined in its sole discretion, and need not be in substantially the same condition as immediately prior to the occurrence of such casualty. If NGA does not complete said repair and restoration within one hundred eighty (180) days from the date of said casualty, then the City may terminate this Agreement retroactive to the date of casualty by notice to NGA; provided, however, that with respect to repairing and restoring the botanical gardens and other landscaping, NGA shall have three hundred sixty-five (365) days to complete such repair and such restoration. If NGA does not elect to restore the Premises, NGA shall pay all costs for the removal of that portion of the Facilities that are damaged or destroyed. b. If the Premises are damaged or destroyed by casualty not fully covered by the insurance required in section 8, NGA may, if it so elects, repalf and restore same to substantially the condition in which they were immediately prior to the occurrence of such casualty, using the proceeds of such insurance; provided, however, that the parties understand and agree that the botanical gardens and other landscaping may be restored to a condition acceptable to NGA, as determined in its sole discretion, and need not be in substantially the same condition as immediately prior to the occurrence of such casualty. NGA shall notify the City of its decision to restore the Premises within thirty (30) days after the date of the casualty, and upon failure of NGA to provide such notice, it is conclusively presumed that it elected not to restore the Premises. If NGA does not elect to restore the Premises, or if NGA elects to restore the Premises and it does not restore same within one hundred eighty (180) days from the date of the casualty, then the City may terminate this Agreement retroactive to the date of casualty by notice to NGA; provided, however, that with respect to repairing and restoring the botanical gardens and other landscaping, NGA shall have three hundred sixty-five (365) days to complete such repair and such restoration. If NGA does not elect to restore the Premises, NGA shall pay all costs for the removal of that portion of the Facilities that are damaged or destroyed. c. Termination of this Agreement in accordance with the foregoing provisions shall not prejudice the rights and remedies of the City and NGA under this Agreement prior to such termination. 14. Eminent Domain. During the term of this Agreement, if the whole of the Premises or such portion of which if removed would materially adversely affect NGA's use and enjoyment of the Premises is taken in a condemnation proceeding or by any right of eminent domain, this Agreement shall terminate on the date of such taking. Damages awarded in compensation for any taking in condemnation or eminent domain with respect to the value of 9 the Property and the Facilities shall be applied first to repay any mortgagee of NGA for the outstanding balance of principal and interest owed by NGA for financing of the cost of developing, acquiring and constructing the Facilities. Any remaining balance awarded with respect to the Property and the Facilities shall be apportioned between the City and NGA on the basis of the relative values of the City's and NGA's interests in the Premises, including without limitation NGA's leasehold interest and the value of the botanical gardens. Any such damages with respect to NGA's furniture, fixtures and equipment shall be payable to NGA. 15. Signs. NGA shall have the right to affix or otherwise display on any part of the Premises any sign, advertisement or notice that is in accordance with any approvals required under the City's Sign Ordinance, and any other applicable regulation, statutes or laws. 16. Default after Occupancy. a. It is covenanted and agreed that if NGA shall neglect or fail to perform or observe any of the covenants, tennis, provisions or conditions contained in these presents on its part to be perfoimed or observed within thirty (30) days after notice of default, or such additional time as is reasonably required to correct any such default, or if the estate hereby created shall be taken on execution or by other process of law, or if I'TGA shall be judicially declared bankrupt or insolvent according to law, or if any assignment shall be made of the property of NGA for the benefit of creditors, or if a receiver, guardian, conservator, trustee in involuntary bankruptcy or other similar office shall be appointed to take charge of all or any substantial part of NGA's property by a court of competent jurisdiction, or if a petition shall be filed for the reorganization of NGA under any provisions of the Bankruptcy Act now or hereafter enacted, and such proceeding is not dismissed within sixty (60) days after it is begun, or if NGA shall file a petition for such reorganization, or for arrangements under any provisions of the Bankruptcy Act now or hereafter enacted, and providing a plan for a debtor to settle, satisfy or extend the time for payment of debts - then, and in any said cases (notwithstanding any license of any foduner breach of covenant or waiver of the benefit hereof or consent in a former instance), City lawfully may, in addition to any remedies otherwise available to City, immediately or at any time thereafter, and without demand or notice, enter into and upon the said Premises or any part thereof in the name of the whole and repossess the same, and expel NGA and those claiming through and under it and remove its or their effects (forcibly if necessary) without being deemed guilty of any manner of trespass, and without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenant and/or City may send written notice to NGA terminating the term of this Lease; and upon the first to occur of(a) entry as aforesaid, or (b) the fifth (5th) day following mailing of such notice of termination, the term of this Lease shall terminate. 10 b. In the event the City fails to satisfy any of its obligations under this Agreement, NGA shall notify the City, in writing, of such failure, and the City shall have a period of thirty (30) days to cure the same. The City acknowledges that damages arising from the City's failure to satisfy its obligations under this Agreement may be difficult to ascertain. Consequently, if the City fails to cure any failure to satisfy its obligations under this Agreement within said thirty (30) day period, NGA shall be entitled to injunctive relief, including without limitation specific performance or, at NGA's election, NGA may terminate this Agreement by written notice to the City, such notice to be effective only after the City has received written notice and time to cure the default as set forth above. Nothing contained in this Agreement shall be construed to prohibit NGA from pursuing any and all other legal or equitable remedies available to NGA for such failure of the City to satisfy its obligations under this Agreement. 17. Liability and Indemnification. NGA shall indemnify the City and save the City harmless from suits, actions, damages, liability and expenses arising from or out of or caused by the construction and use or occupancy of the Premises or any part thereof or any act or omission of NGA, its agents, contractors, employees, servants, invitees, licensees, sublessees or concessionaires, unless caused by acts or omissions on the part of, or breach of this Agreement by the City, its agents, contractors, employees, servants, invitees, licensees, or concessionaires, and the City shall indemnify NGA and save NGA harmless from such suits, actions, damages, liability and expense arising out of or caused by such breach, act or omission. 18. Attorneys' Fees . In the event either party institutes legal proceedings against the other for breach of or default under any of the terms, conditions, or covenants of this Agreement, the party against whom a judgment is entered shall pay all costs, charges, and expenses relative thereto, including reasonable attorneys' fees of the prevailing party. 19. Successors and Assigns. All rights and liabilities herein given to, or imposed upon, the respective parties hereto shall extend to and bind the several respective successors and permitted assigns of the parties. 20. Non-Waiver. No failure by either party to insist upon the strict performance of any term hereof or to exercise any right, power, or remedy consequent upon a breach thereof, and no acceptance of full or partial rent during the continuance of any such breach, shall constitute a waiver of any breach of any such term. No waiver of any breach shall affect or alter this Agreement, which shall continue in full force and effect, or the rights of either party with respect to any other existing or subsequent breach. 21. Assignment; Subletting. NGA shall not assign this Agreement or any interest hereunder, or sublet all or a portion of the Facilities, without prior written approval of the City. 22. Severability. It is the intention of the parties hereto that if any provision of this Agreement is capable of two constructions, one which would render the provision valid, then the provision shall have the meaning which renders it valid. If any term or provision or any portion thereof of this Agreement, or the application thereof to any person or circumstances, shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the 11 application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 23. Entire Agreement, Applicable Law. This Amended Lease Agreement amends and supersedes all prior agreements between the parties hereto including, without limitation, the VCBG Lease Agreement, dated October 21, 2002, as assigned to NGA by Assignment of Lease dated May 1, 2005 and recorded in Volume _, Page of the City of South Burlington Land Records. This Agreement, with any exhibits and riders attached hereto, contains the entire agreement of the parties and no representations, inducements, promises or agreements not embodied herein shall be of any force or effect, unless the same are in writing and signed by or on behalf of the party to be charged. The captions of particular sections are inserted as a matter of convenience and in no way affect or define the scope or intent of this Agreement or any provision thereof. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Veinuont without reference to its principals of conflicts of laws. 24. Captions. The captions and numbers appearing herein are inserted only as a matter of convenience and are not intended to define, limit, construe, or describe the scope or intent of any section or paragraph, nor in any way affect this Agreement. 25. Notices. Any notice required to be given by the terms of this Agreement shall be deemed duly served if sent by certified mail, return receipt requested, to the following addresses: If to the City: City of South Burlington 575 Dorset Street South Burlington, VT 05403 Attn: City Manager If to NGA: National Gardening Association , Inc. 1100 Dorset Street South Burlington, VT 05403 Attn: Executive Director 26. Recording. The City and NGA agree that this Agreement shall not be recorded. A memorandum of lease in recordable form providing the information required by statute shall be executed, acknowledged and recorded by the parties. 27. Estoppel. From time to time upon no less than fifteen (15) business days' prior written notice, the City shall execute, acknowledge and deliver to NGA and any designee of NGA a written statement certifying: (a) that this Agreement is unmodified and in full force and effect (or that this Agreement is in full force and effect as modified and stating the modifications); (b) the dates to which rent and any other charges have been paid; (c) that the 12 City, and to the knowledge of the City, NGA is not in default in the performance of any obligation (or specifying the nature of any default); (d) the address to which notices are to be sent; and (e) such other matters of a factual nature concerning the status of the Agreement as NGA may request. Any such statement may be relied upon by any lender of NGA. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, as of the date first above-written. IN PRESENCE OF: THE CITY OF SOUTH BURLINGTON .. �_ By: `.. Witness Duly authorized agent NATIONAL GARDENING ASSOCIATION, INC. Witness Duly authorized agent STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington in said County and State, this day of May, 2005, personally appeared Charles Hafter, City Manager, Duly Authorized Agent of The City of South Burlington, and he acknowledged the foregoing 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: . 13 STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington in said County and State, this ' day of May, 2005, personally appeared ;'`,� c _: ;; ';.,(',,_Duly Authorized Agent of National Gardening Association, Inc., and he/she acknowledged the foregoing instrument, by him/her sealed and subscribed, to be his/her free act and deed and the free act and deed of National Gardening Association, Inc. Before me --_ ._ =; ,; 1,1C-.. - Notary PublicI My commission expires: a,l to l c;-7 14 EXHIBIT A Legal Description of Property Being fourteen 14 acres, more or less, of a one hundred (100) acre parcel of land owned by the City of South Burlington, known as Calkins Farm, located on the easterly side of Dorset Street in the City of South Burlington, Vermont (the "Leased Property"). Said Leased Property is more specifically depicted on the attached plan, which is a mark-up revision of a plan entitled "Subdivision Survey Plat, City of South Burlington, Former Calkins Property" prepared by Summit Engineering, LLC, dated September 27, 2002 and recorded in Volume 495, Page 176 of the City of South Burlington Land Records. Being a portion of lands and premises conveyed to the City of South Burlington by Warranty Deed of Rena E. Calkins, dated July 21, 1992 and recorded in Volume 327, Page 363 of said Land Records. Reference is hereby made to the above referenced instruments, the records thereof and the references therein contained, all in further aid of this description. 15 EXHIBIT B Description of Facilities and Identification of Plans (Reference attached conceptual drawing) 16 ti 6i s-p-e , bi..3%.1, -1 LAO Vto,,, ,, 7^.V,144 il5i m , a,,, I ,.y ti - - -‘ ,..-• 8 ; „...vAv ,-...-..1, .^:": iil•r,; 's i-,,,,,suAtip CO ' / igir ,,,f1 ,..,relvici 'elVirlaei - g CO ci i ert Lci ,-.1?1-,9 —;,.,,i - . ,, ,-2 -) ,t-s.A. ,-,:. • ‘. i t., ,..,_ - 1 ;- -11 , r7,41114 „WM 0 I.J..-V 1 I CY) 1-6-1 t.:—;,::: ..„ , i i ! .: .r./..,,V419fRiAl flr'&137-0i,t-,:t10,i•l. 0—_,;:,, I i "re,\- ;56 ',...i_i , R.„ f ,1 t ..--- (1—iNav Li/iii/ L ; 1 c egitti , 1_ —r'"7-------------- ' • t 7. -t, _ .., ....._ _ _ _ ....,,,,..0 ____ .._...._ ........_. ...____. _1.._, R !..- i i ,, / ., I 1 i 1C . 1 ,t... . / ---- 1 i t ‘ I f,t."--'—'------r . ,,six:i i •;.,.„. ' .. c ..:,k' EXHIBIT C Over the next 20 years the National Gardening Association and the City of South Burlington will work with the local community to create the Vermont Garden Park. This land at the corners of Dorset and Swift Streets in South Burlington will provide a park- like setting with open space, public gardens, and nature trails for all residents to enjoy. It will also be the national headquarters of the National Gardening Association who will steward the Garden Park's development. NGA will facilitate the following site developments in conjunction with the City of South Burlington and local residents. We will accelerate the plans and timeline based on the ability to generate funds. Therefore, while we recognize that gardens and buildings may be built on the land sooner than outlined, this document is the baseline NGA commits to achieving. As part of this mutual commitment NGA will work with other educational and volunteer groups to coordinate workshops and install and maintain gardens. NGA and the City of South Burlington agree to collaborate with each other and other agencies to write grants and seek public and private funding to support the new gardens, programs and buildings on-site. Garden & Site Development: 2005-2008 Master Plan: NGA will revise the original Master Plan for the site to reflect the changes in the proposed gardens, and buildings, and the extended garden development timeline. Maintain Existing Gardens: NGA will maintain the existing gardens (Butterfly Garden, American Cottage Garden, Grandma/Grandpa's Heirloom Garden, Woodland Berm, All America Selections Gardens, Annual/Perennial Border Garden, and Wildflower Meadow). New Demonstration Gardens: NGA will add 2 new gardens by 2008. Possible gardens include a Kid's Grass Maze, Medicinal Plant Garden, or Pollinator's Garden. Garden Map & Brochure: NGA will create a Garden Map & Brochure illustrating the gardens, hiking trails, future plans, and organization. South Burlington Community Garden: NGA will continue to coordinate the South Burlington Community Garden. We will improve the soil with annual additions of compost, cover crops, soil amendments, create a neater compost pile area, and more defined pathways. Site Signage: NGA will work with the City of South Burlington to improve the signage on the site. We will construct better signs at the entrance at 1100 Dorset Street and stop signs on the bike path at the entrance to avoid accidents. 17 Education: NGA will begin public education -events/festivals on-site. We will hold one large public event each year to increase the visibility of the site. We will also start holding smaller classes for kids perhaps in conjunction with the South Burlington Parks and Recreation Department. Adult classes such as guided naturalist's walks and hands-on horticulture classes will be offered in conjunction with other horticultural groups such as Master Gardeners, the Intervale, and the Burlington Garden Club. Garden & Site Development: 2008-2010 New Demonstration Gardens: NGA will construct the 10`h public garden on site by 2010. Possible gardens include a Rose Garden, Garden to Attract Birds, and Ornamental Grass Garden. Nature Trails: NGA will investigate partnerships with area schools, such as the University of Vermont, to improve signage along the miles of hiking trails on-site with the goal of constructing a self-guided, interpretive walk for hikers. We already have registered the land with the National Wildlife Federation as a wildlife habitat. Arboretum/Windbreak: MA will construct a woody plant windbreak along the south edge of the leased property to provide a "living fence" and windbreak for plants and people in the gardens. Garden & Site Develovment: 2010-2015 New Demonstration Gardens: NGA will construct the 11 th public garden on site by 2015. Possible gardens include a Water Garden or Special Events Garden. Parking: We will work with the City of South Burlington to create a new public parking lot on the north side of the Calkins' Building and have public access to NGA and the site from Swift Street. The City will provide labor and machinery for the construction of a new driveway off from Swift Street and parking area for the new Community Garden site, north-northeast of the Calkin's house, as indicated on addendum A. Costs associated with these improvements shall be at a cost reasonable and customary, at the time of installation, for a project of this nature. Once this new driveway is constructed, the entrance on Dorset Street will be limited to an "in-only" access. Prior to and in order to begin construction, NGA will provide a determination that all state and local peuuits can be obtained, including a wetlands Conditional Use Determination, if necessary, affirmative recommendation by the City's Natural Resource Committee, and review/approval of the City's Design Review Board. The City, as a co- applicant, will use it best efforts in assisting NGA with its application before the DRB. South Burlington Community Garden: Once the parking has been moved, NGA will work with the City to move the community gardens to a location near the new parking 18 lot. NGA will work to prep the site beforehand with additions of compost and other soil amendments. We envision this garden to be functional and attractive perhaps with a fence and flowers bordering it. The City of South Burlington will provide the labor and machinery for grading of the community garden site, if needed, and will use its best efforts to provide potable water supply to the new Community Gardens location, at a cost reasonable and customary, at the time of installation, for a project of this nature. Garden & Site Development: 2015-2020 Barn/Education Center: In tune with the rich agricultural history of the land, NGA will construct or move an existing barn, or barn-like structure, on-site. We envision this multi- use structure would house public events, workshops, classes, equipment, and have an attached demonstration greenhouse to be enjoyed by area residents in winter. Any new buildings to be constructed as outlined in Exhibit B, particularly the Future Education Center, will require Design Review Board authorization. The City will use its best efforts to provide potable water supply to the new BamlEducation Center building at a cost reasonable and customary, at the time of installation, for a project of this nature. Any necessary wastewater/sewer disposal at the new Barn/Education Center and the existing Calkin's House will be the responsibility of NGA. I f „...... .F - 2010 -2011 ,. . ,, , . ` ,, r ,, .. api, ,.... i„, „. ,,,, ..."--, '' ., . , . . .., _ ...‘ .. . ,.. ..„ _ , .. .... . ,.. , A ? - - t•- '1 s, -is: ; . .. # 4' 1, --,t -,. , , ,. ett( , . . ,. „_: !--.:,_:-.- . li : ' .- ,..V.v,....‘ ., - Ai T4 # #-4 -11.1. ;.- ,4'' • .- National 1- 4. ,, .. . - - t - -- - * „ - . • _, a Gardening ! y ._ Association g '` When You Garden, r You Grow SAL C , ,...,,,iirr te, 004 • • _i 9J� .- `S O C I Pkr \° National Gardening Association . r 1 ., 4;0 . ..., - r. ,.. f ali 1 \\...,..............._.............o) `� a _ w a ;,"OC , 1 1 i - ....,- ' :Ii_4^4-4.1. 1 '4***11111°I'-*74'' Our Mission To promote home,school '!r } , and community gardening as a means to renew and sustain the t N. ' I " essential connection between _£ IP- people,plants,and the environ- ment. Our Vision To create plant-based initiatives CONTENTS that speak to young minds, educators,youth and com- munity organizations,and the Message from the President 2 general gardening public in five KidsGardening.org 3 core areas:education,health and wellness,environmental Youth Garden Grants 5 stewardship,community devel- opment,and home gardening. Kids Garden News 8 Board of Directors Conferences 9 Bruce Frasier,Joel Kimmons, Lynn Fredericks,Mia Lehrer, Garden.org 10 Mike Metallo,and Katherine Whiteside Research 12 Advisory Board Vermont Garden Park 13 Kerry Bierman Acknowledgments 14 National Gardening Association Statement of Financial Position 15 1100 Dorset Street South Burlington,VT 05403 p. (802)863-5251 f (802)864-6889 www.garden.org www.kidsgardening.org Copyright©2011 National Gardening Association 1 When You Garden, You Grow Annual Report 2010-2011 A LETTER FROM THE PRESIDENT Dear Friend, As I reflect on 2011, I am truly humbled by my staff and their dedication to our mission.They work for NGA because they believe their work is making a dif- ference and I am proud to say,it is.NGA directly impacts the lives of over one million people each year.Together with our corporate partners,volunteers and donors,we are changing the quality of life around the globe through our garden �, 7 grant funding as well as our educational programs,and services.We are proud to support and serve over 178,000 educators and 10,000 schools annually.An T estimated 1.44 million children have been helped with our support and that of &4•' countless other adults. This past year we officially launched our program,A Garden In Every School®, .` and it is getting national attention because it works.Just recently I had the '<' honor of participating in the workshop,"Alliances for Obesity Prevention Finding Common Ground"hosted by the Institute of Medicine Committee on Childhood Obesity Prevention.The latest statistics are alarming. Childhood obesity has more than tripled in the last thirty years.Shockingly,this is the first generation of children who are not expected to outlive their parents.We have the ability to change the end of this story. Plants have the power to change lives. Together with Research,indicates kids across the country exposed to our programs make healthier decisions about what they eat because they have first-hand experi our corporateence with how their food is grown.Unfortunately,NGA cannot keep up with the partners, volun- demand for garden programs.Last year alone,we received 10,298 grant applica- tions for only 346 awards. teers and donors, My response to this gap is a call to action.We call upon you,your businesses,and we are changing local communities to help provide NGA with the financial resources to say YES to the duality of A Garden In Every School®. Inside this Annual Report,you will learn that we are committed to using gardening as a way to improve people's lives.We believe in life around the the power of education through garden programs,and the impact it has on our health and the environment in which we live.We have a dream and that dream globe through will become a reality when there is a garden in every school and community. our garden grant With gratitude and appreciation, funding as well as our educational Mike Metallo programs, and President,CEO 802-863-5251 ext. 123 services.n mikem@garden.org www.garden.org www.kidsgardening.org 2 National Gardening Association KIDSGARDENING.ORG In July of 2011, KidsGardening.org launched a new website years in the making.This improved website provides a thor- ough and engaging interactive experience for educators, par- ents, students and anyone else interested in gardening with I love the look and feel kids. Our readers have agreed that the new site has a"cleaner of the new website. look"that is more "clear and colorful".The new site is not only Thank you for great more visually enticing,but also features advanced searching resources and family- tools and improved site navigation to facilitate finding our renowned lesson plans, activities, projects and content.Access friendly content. The to these resources is further enhanced by offering detailed site is so easy to use— searching tools that allow users to search by completion time, even I can do it!" grade level,learning themes, educational standards, and curricular connections. These new search features KidsGardening launch faster and are better able to offer users the j .0. .ti ,,. 4 s ...id m.. '.,'ux., information requested making exploration of our site •"« Vr more enjoyable and efficient. Our monthly articles and _ "% ' nelircli. lesson plans are now featured under clearlymarked . . L'ti►r_ . ua1rmn,maM,rn hance"' Ent'�SitbolGardeninq? _ _ mwa�. °: '." YnuM ye' headlines to enable readers to identify our most recent ''■� • :out,. scontent. #� itioPEST PAILk } x * EYEN OWN Nib., 1 r. !'- -.n.v. "' igi-. , :i i .:.,..,,ate'— ,ATM .......�. y, 1 i .,.w ,.n„a..u.w w f gay :11.7":":"."::-.4%":" e.ea '" ' . ,e... ,e a al . . W.a�•wW N.. ..n nea.x.m it . .. Car.I.,0,..„ 1., ......p NY...yya ya. XI*, o„...fKe f ♦ A . p 3 When You Garden, You Grow Annual Report 2010-2011 KIDSGARDENING.ORG continued With the launch of the new site comes the newly expanded Garden Registry where gardeners can share photos, tips, and blog about their gardening experiences. Registered users have - the option of creating groups through this site for online interaction relating to gardening with kids. The utilization of `lrk, ,�.' ', blogs and other online groups enriches the experience of the �' ''" ` website for users by allowing them to have their questions " answered in real time. Registered users can mentor each other it `� from locations around the world to create a global gardening community. They can upload their pictures and experiences ., r. 4 from classroom to classroom so students, educators, and ° parent volunteers can participate in modern day"pen pal" * =}E.,e. conversations. Our website is creating connections between our users and resources making it a critical part of the future of NGA. The new site continues looking to the future with the .. grant and awards programs which now offer an online appli- ` . iii cation.The addition of an online grant application will reduce the number of incomplete applications and the amount of time necessary to complete the applica ii. 1. tion,while also encouraging a greater number of teachers to apply. ii These upgrades strongly indicate to li our . 1 sponsors and applicants that NGA will +�'' "` s continue to be the leader in diligent i dedication to the support of funding ,7:- E 4{ % opportunities for school gardening. " ?- !,. '; ,,` � { r Explore all the exciting features and sign up for the Garden Registry at the enhanced www.kidsgardening.org. www.garden.org www.kidsgardening.org 4 National Gardening Association YOUTH GARDEN GRANTS National Gardening Grants and Awards help to enrich the lives of children and adults involved with youth and community gardens. Through altering school environments by creating living laboratories children have increased access to outdoor activity and fresh produce along with have a greater aware- ness of environmental concepts. Funded by generous corporate sponsors,individual donors, and foun- dations, our grant programs are fundamental to our mission. Since 1982, 9,596 grants and awards worth$3,966,550 have been distributed through NGA to youth gardening programs across the country reaching an estimated 1.44 million youth in the U.S. and in select locations abroad. During 2010-2011, NGA represented eight different grant opportunities including our first internation- al program. In total, 346 garden programs were awarded$149,750. In 2011, over 10,000 applications were submitted for 346 awards. Here are few quotes from this year's recipients highlighting the impact these programs have on the youth involved: The gardening program had a huge impact on the children in our community. They were really excited to establish a garden because most have never grown their own vegeta- bles or witnessed the growth of vegetables or fruits! The students were also excited to touch dirt and experience what it is like to plant and harvest. The students are at-risk youth who live in affordable housing; they are also children of immigrants and may not have the same opportunities as other children in the community. To have the garden available to them significantly impacted their lives. The children were able to learn about gardening and having that space gave them a sense of ownership. The garden program has been a way to strengthen relationships with one another and the greater community. When the children found out the soil was donated by a community member, they were thrilled that people were willing to donate for our garden program. Throughout the summer, the children kept in touch with the donor and provided updates to show their appreciation." -Annie Xiong Muhammad Ali Center Peace Garden Grant Recipient CommonBond Communities at Westminster Place, St. Paul, MN 5 When You Garden, You Grow Annual Report 2010-2011 YOUTH GARDEN GRANTS continued Our whole school model is built around spending as much time as possible observing and interacting with nature. The most profound impact from spending time in nature is the change that comes over our many special-needs students when they walk outside through our school doors. Kids who are easily distracted and frustrated when asked to sit through indoor activities are the first to grab their notebooks and focus once we enter the natural world.All of our students love to garden, but my favorite quote comes from one of our early elementary students: 'gardening is my favoritest thing in the whole world.'With regard to our tree planting, one of our middle school students said, 'I'm into the idea of being able to walk through the woods and pick something to eat. Planting trees in the woods around my school was really awesome.'Even though our gardening program has a profound impact on our students, most of whom live a rural life-style, this impact pales next to the impact our program has on our Kids to the Coun- try(KTC)participants who travel to our school from inner-city neighborhoods. Often KTC students make statements like "Wow!I've never gotten food from a plant before." - Peter Kindfield Jamba Juice "It's All About the Fruit" Grant Recipient The Farm School, Summertown, TN i - i,, t . ', ‘',.., , , ..„, :, ., ,„ , _ , , --, .____„.„),, _, \, . ,,.. „„,, _ g II , v. r'ui _, St*--- ' . It 114 `_ `` ,. . www.garden.org www.kidsgardening.org 6 National Gardening Association YOUTH GARDEN GRANTS continued Summary of the 2010-2011 Grant and 2011 Mantis Tiller Award Award Opportunities Applicants 379 Winners 25 2010 Subaru Healthy Sprouts Award Total Value $8,750 Applicants 821 Award:Mantis Tiller valued at$350 Winners 30 Total Value $15,000 2011 Welch's Harvest Grant Award: Gift certificates valued at$500, Applicants 6,737 curriculum, and seed kit Winners 100 Total Value $52,500 2011 Syngenta IPM Award Award: Garden packages valued at$1,000 (5) Applicants 18 and$500 (95) Winners 5 Total Value $7,500 2011 Jamba Juice Award:$1,500 garden package "It's All About the Fruit" Tree Award Applicants 733 2011 Midwest Award Winners 40 Applicants 133 Total Value $20,000 Winners 11 Award: $500 towards the purchase of Total Value $8,250 fruit trees Award: $500 gift certificate, $250 check 2011 Muhammad Ali Peace Garden Grant 2011 Youth Garden Grant Applicants 202 Applicants 1,216 Winners 55 Winners 100 Total Value $27,500 Total Value $52,500 Award: Garden packages valued at$500 (55) Award: Gift certificates valued at$1,000(5) and$500 (95) 7 When You Garden, You Grow Annual Report 2010-2011 KIDS GARDEN NEWS In anticipation of the upcoming re-launch of the KidsGardening.org website, the educational staff determined to make some effectual changes to the newsletter. The news- Each month our staff f letter continues to offer focused articles to assist educators in producing, designing and maintaining outstanding school creates, designs, and/ gardens; it still highlights a teacher, student,volunteer, or or adapts several program which showcases new ideas or creative techniques; lesson plans and and the ever-popular family articles carry on with fun activities. They are activities for parents and children. What has changed, however, is how users can access and utilize lesson plans and highlighted with the activities created by the educational staff. main articles of the newsletter." Each month our staff creates, designs, and/or adapts several lesson plans and activities. They are highlighted with the `!" KidsGardening ,, n„W main articles of the newsletter. Until now, the lesson plan format was based upon a web-only layout,which has served 1 The Future Can Start in the Garden ...1..Q., ..!.„a;' us well in the past—but as we look to the future we recog- .1..s,.,, nize that educators need better designed lesson plans consis- ti! ��LL'MJt tln VK.ql 1r l�l::i��,, ...!�„�a- „ m...,a ,,x.l��,V„ tent with NGA's quality and reputation. We approached this •,., °, �""`""' WF ' by creating step-by-step lessons available in a printable PDF �ld., „. .. template which enables us to brand the documents. This _ - t[[[ is for both the creator and the user.A teacher may print ..,` ;-, .�.,: . a lesson plan many months before it is necessary in the i :74' ; �4R��.classroom. The branded resource will remain a direct link «. "'t,,IY OA INLFygF '.- back to our website where teachers can continue to utilize „ ,_ ►""' our incredible content in the future. Making these lesson , . `` plans more concise, uniform, easier to print, and having the direct information available to obtain even more resourc- es and information means that our educators have a better learning AND teaching experience through NGA. www.garden.org www.kidsgardening.org 8 National Gardening Association CONFERENCES The National Gardening Association meets with educators ' " across the country to learn and get inspired. This year we y expanded our outreach to a global audience, attending the ' eighth International Gardens Without Limits Conference , in Metz, France. Sarah Pounders, NGA Education Special- . ist and a published writer, spoke to an international audi- \\ 1 ' ence about gardening with children and had the opportu- nity to learn about programs around the world! 4 , Through conferences, we provide the latest and greatest N news and resources for educators. This year we attended + ' conferences for the following organizations: The American 1p. .�. Library Association (ALA), The National Science Teachers "- # II .' Association (NSTA) The National Association for the Edu- ai f: ' ► ( cation of Young Children (NAEYC), Celebration of Teach- ) 7:0# ing and Learning(TLC), National Afterschool Association I"� A (NAA), The North American Association for Environmen- il,e j tal Education (NAAEE), National Education Association "' �1 (NEA), and the Vermont Afterschool Conference. 1 .si Also, NGA hadr ''the honor and privilege of participating in ;'�� R; the workshop, `Alliances for Obesity Prevention Finding }`r j, . Common Ground"hosted by the Institute of Medicine ;j � fi _ Committee on Childhood Obesity Prevention. This work- !f 1 shop featured organizations that are making sustained ` t efforts toward obesityprevention. We areproud to say - T l NGA is one of the organizations making a difference. 9 When You Garden, You Grow Annual Report 2010-2011 GARDEN.ORG No matter where in the country gardeners are growing, the National Gardening Association is helping them do it successfully. From vegetables, herbs, and fruits to trees, lawns, flowers—even houseplants, we are providing folks 41, with the information they need to get the most from their plants and landscapes in ways that are sustainable and environmentally responsible. On our website, gardeners can find information on grow- ing all kinds of plants, identifying and controlling pests and diseases, or figuring out what kind of weed is sprout- ing in the garden. They can access a multitude of articles on all facets of gardening, watch helpful videos, or check the Events Calendar for upcoming programs in • 0- -, img,,,{ their areas. & • w _ In our nationally mailed bi-weekly e-newsletters, our twelve Regional Garden Reporters provide timely and regionally accurate advice on what to do in the garden. The National Garden News keeps our readers abreast On our website, gar- of the latest developments in the world of horticulture, deners can find in for- including new plants, products, and cutting-edge research. The monthly Edible Landscaping newsletter is a source mation on growing all of inspiration and information to gardeners who want to kinds of plants, iden- grow food in a variety of settings. tifying and controlling pests and diseases, or We continue to provide exceptional gardening informa figuring out what kind tion through the custom newsletters and Web content we provide to clients, and answer many inquiries from the of weed is sprouting in media and the public. Our popular Facebook page is visit- the garden. www.garden.org www.kidsgardening.org 10 National Gardening Association GARDEN.ORG continued ited by hundreds of gardeners weekly, where they can find a Tip of the Day, connect with other gardeners, and _ get their questions answered by an NGA horticulturist. A ` te ; r " 4r, TY A new project that is sure to draw interest is our se- �" ries of Garden Designs. Our horticulturists have come , s\vitk "'' � up with fourteen garden plans, including an all-white w, ; / Moon Garden, a watershed-friendly Rain Garden, and .� rva, . I a Butterfly and Hummingbird Garden to draw in these delightful creatures, along with four food gardens that s., range from a large kitchen garden to an urban rooftop s i container garden. Each design includes a planting plan, . plant list, a multi-season care guide, and a beautiful . ', artist's watercolor of the garden.All of these designs , will be available on our website for gardeners to imple- : ow' ,,� ment in their own gardens or to use as inspiration for r their own creations. "� i •nox�J Mill('rI il�.. + ,�fY7 • when You Garden, O e a enin•1 ___ ,�_„�_ RESEARCH 1 `' KIDS GARDENING KIDb SHOP NATIONAL GARDEN S10NTH IHOME THEME°GARDENS z Ncx aCs,cN pFSIGN eACK TO AI.t D£Si.NS ---, \ "`'A'Use ahird Garden Fee 46WEEK s Butterfly&Humnllnb �Ia1 RESEARCH Support NGA Desl9 le,eN,oythg as the Wont at Our mission is to help • sun goes down this 9areen � ; MI ew TMSwEEK d easY.to-�row annual , �,, 4 0.CL 'a1 RzMrt` t:O self mixes Wt11IE '' 6 t'r #. ' Natw�a±wws o�ossoms that sa+a out as ;x� - �" 5 i gardeners grow— cmciOt-sk labs.aiorxj wile OrflS - Gg 1:fNL { lhal release then sweet t in knowledge, Our mission is to help gardeners grow—in knowledge, environmental aware- environmental awareness, and enthusiasm. In the many ness, and enthusiasm. ways National Gardening Association provides informa- tion, we help make home, school and community gardens greener and more productive. 11 When You Garden, You Grow National Gardening Association RESEARCH Two new surveys have been added to NGA's grow- ing collection of research information: The 2011 • "National Gardening Survey" and"Environmental Lawn& Garden Survey". 41, ENVIRONMENTAL LAWN&GARDEN SURVEY NGA has conducted consumer market research THE NATIONAL 6AROENINB ASSOCIATION S REPORT ON CONSUMER ATTITUDES. OPINIONS.MOTIVATIONS.AND INTERESTS IN ENVIRONMENTALLY FREEMOLY PRACTICES.PRODUCTS.AND Las AND LANDSCAPE SLIMES. on gardening in America for more than 30 years. Our annual National Gardening Survey reports on CON6221T0 NT Wilts INTENACnVE TM IRE NATIONAL BA60ENINA/SSOGITION NO BOOST MINIM YE 00103 Us MOM[SEAOLN CON national trends in household participation in 16 types of do-it-yourself lawn and garden activities, 7• , • ' .• the amount consumers spend on lawn and garden activities including: what they purchase, *and where they shop. • '414 This year's study shows that total sales for all 201f Edition- types of do-it-yourself lawn and garden activities declined by 5% in 2010 to $28.409 billion from $30.121 billion the previous year. The number of 'uti Rom... households that hired lawn care and landscape services last year declined by 8% from 24 million households to 22 million households. That's the NATIONAL GARDENING SURVEY lowest level seen in the past 5years. The Hatton THE NATIONAL GARDENING ASSOCIATIONS COMPREHENSIVE STUDY OF CONSUMER GARDENING PRACTICES,TRENDS,AND PRODUCT SALES wide average amount spent on all lawn and garden RESEARCH ANALYSIS OY BRUCE BUTTERFIEIB COMMENTARY 6Y IIN 611DY1N CONDUCTED BY HARRIS INTERACTIVE.FOR THE NATIONAL 61ROENIN6 ASSOCIATION activities in 2010 was $363 compared to $355 in 2009, a difference of only$8 per household. This research provides a foundation to answer ques , T _ tions about what's happening in the consumer 'y lawn and garden marketplace each year and show r , trends in the market over time. -2011 Ldtl Ian- www.garden.org www.kidsgardening.org 12 Annual Report 2010-2011 VERMONT GARDEN PARK 14. The 2011 season at Vermont Garden Park started off slow ly, wet, and rainy. The gardens however, have continued to '`; '�`"` R ,•2r grow and develop in spite of saturated soil conditions and _ ri inclement weather. r, a. Since 2008, the "Treeage"program, led by Marie Ambusk, � 1 t 4 • has continued its mission to "educate the community in the proper techniques of planting, caring for, harvesting and taw re-planting trees to be enjoyed in our urban landscape." • A new addition to Vermont Garden Park is the Root Cen- ter, which established on the grounds this spring. With f over fifty volunteers throughout the season, the Root t Center team has harvested over 1000 pounds of produce ' for Tropical Storm Irene relief efforts, and additional 1000 . - ' � pounds to the Chittenden County Food Shelf. In 2002, the Federated Garden Clubs of Vermont, Inc. was , ", , : 3:1"' r awarded a grant to establish a heirloom garden at Ver- mont Garden Park. Thanks to the work of the BurlingtonVifix Garden Club, this established garden, known as "Grandma and Grandpa's Garden," is now in its tenth year! The Master Gardener, and Burlington Garden Club volun- 1 teers, led by Kate Mesaros and Jan Desarno, have contin- ued to care for the many gardens in the park. NGA's Emily !" . Alger, along with UVM interns Taylor Kravits and Kather- ine Goodrich, also supported the volunteer efforts. ; The season culminated with a summer educational event "t �` ' for the South Burlington Parks and Recreation Depart- elk ment coordinated by Julia Parker-Dickerson. 13 When You Garden, You Grow National Gardening Association ACKNOWLEDGMENTS NGA wishes to thank our funders and partners: American Public Gardens Association Pepsi Co. - Burlington Ball Horticultural/Burpee Pinnacle Foods LLC /Vlasic Black& Decker Renee's Garden Seeds Burlington Garden Club Robert Maxfield-in memory of Center for Technology- Essex Jct., VT Nancy Maxfield City of South Burlington Schiller Grounds Care, Inc. Country Home Products Subaru of America, Inc. Espoma, Inc. Syngenta Crop Protection Federated Garden Clubs of Vermont Teachers College, Columbia University Flower Power Fundraising, Inc. The Home Depot Garden Club Jamba Juice Company The Sato Foundation Life Lab Science Program The Scotts Miracle-Gro Company Longwood Gardens Trudell Engineering Mantis Welch's Corporation Master Gardeners of Vermont Wheeler Foundation New York Restoration Project Yum! Foundation www.garden.org www.kidsgardening.org 14 Annual Report 2010-2011 FINANCIAL REPORT August 31st, 2011 Assets Current Assets Cash and Cash Equivalents $252,056 Accounts Receivable,less allowance for doubtful accounts of$13,000 143,615 Inventory,less allowance for obsolescence of$10,000 163,166 Other Receivables 719 Prepaid Expenses 39,518 Total Current Assets $599,074 $151,066 Property and Equipment Land Improvements Furniture and Equipment 291,730 442,796 Less Accumulated Depreciation 302,946 $139,850 REVENUE EXPENSES I Educational and * Program Research Sales,60.5% = Services 81.1% Contributions and �7 '� General and 4!11::,,A,4"-rittli:o c•-iri;v1A:,,.4 Sponsorships,22.2% - Administrative 18.6% tstf1 , ° ' Publishing and `. Fundraising 0.3% .f Advertising,14.7% _ � rl 1 ��. �` Royalties,1.5% �� 1,11 •Investments,1.1% $467,910 Other Assets Investments Prepaid Expenses 47,695 Deferred Compensation 25,873 Total Other Assets $541,478 Total Assets $1,280,402 Liabilities&Net Assets $51,329 Current Liabilities Accounts Payable Accrued Liabilities 70,384 Deferred Revenue 25,000 Total Current Liabilities $146,173 $25,873 Longterm Liabilities Deferred Compensation Deferred Royalties 88,347 Total Liabilities 260,933 Net Assets Unrestricted/Undesignated $1,019,469 Total Net Assets $1,280,402 When You Garden, You Grow 15 F t � og� o S Q @ su e°� ee t `' t > "0 i 'aa'. s gwiiso t.t i i3P'8g4 _.,,,,,, W - 1•2 r \ N z / / / -- , _ 8Q8 c f i ,fitti $ ` g I ' ' rn 4'8 , -' i'l 0 .., } ;11 ,- ( " = - - -_— I '. _ram +_ If .. 't 111 .. � r 1 * El / w� �`4 -a -r G Li m ` k 4. H- ^ r ?i . ,-, • `` iii, .. Cg -8--ii - . 7 - „ . ,. . i j1 e . �� r i 4 gn.r it:x ,o . -. Q....ii • .1 =oo t �'h , _ ... - ,,, L„, 1 630./1g Si $ dp ' I. `� t 8 * r tih 0 C ., lornt .epi _- 1_ , ssocia ion , . , "' _ - = he National Gardening Association Our mission 3 - (NGA), founded in 1973, is a is to promote c = nonprofit leader in plant-based home school _?- education. We serve a national audience > , � with timely materials designed to foster and community , ,, an appreciation for the benefits of gardening. gardening as a means to renew s Plants have the power to change our lives. They enable the simple and thera- and sustain peutic pleasure of working in one's own the essential garden. They play a basic role in provid- ing clean air and serve as a nutritious basis for healthy living. connection And they are uniquely effective teaching tools. For more between people, than 30 years, NGA has worked to renew and sustain plants, and the the essential connection between people, plants, and the environment through gardening. environment. Our programs and initiatives highlight the opportuni- ties for plant-based education in schools, communities, and backyards across the country. We serve as a bridge to connect people to gardening in five core fields: � plant-based education, health and wellness, environ- ` , : : i mental stewardship, community development, and responsible home gardening. : . A ;c x " r: r , fi�¢ National GardeningAssociation's 1 �' yr ' ' Core Fields of Emphasis Plant-Based Education NGA is a leading national provider of K-12, plant-based educational materials. With teachers and community leaders serving as guides, our - school and youth gardening programs help children gain knowledge in science, € literacy, social studies, nutrition, the environment, and personal skills areas such as leadership, problem-solving, and team building. Health and Wellness The satisfying experiences of planting, cultivating, and har r t vesting fruits and vegetables creates a lifelong appreciation for °l healthy living. Beyond formal educational materials, our plant- j based resources address pervasive health concerns such as poor nutrition and inactivity. By supporting thousands of school and community gardens nationwide, we help children and adults establish links between plants, gardening, food, and health. 114.1 Environmental Stewardship Gardens are a microcosm of the environment. Landscaping with water, native plants, and habitat-friendly gardens is a portal for understanding concepts and issues in environmental education both at home and at school. NGA's programs foster environmen- 4 •0 tal stewardship by providing the resources, knowledge base, and tools to help learners become environmentally connected. Community Development 4.40014.0. We have a long-standing commitment to community initiatives. J� Founded as Gardens For All, NGA still strives to keep this philos- * a ophy alive by developing programs that help rebuild neighbor- . ' hoods, instill community pride, build self-esteem, and "green up" -44urban environments. Community gardens provide a source of ', food, add aesthetic value, encourage physical activity, help preserve £' - cultural identity and, most importantly, cultivate neighborhood `,t. relationships. � - y ' ' Home Gardening Americans consistently rank gardening as a favorite hobby. To help people be successful in any setting, we provide a wealth of ': `' information, inspiration, and resources for novice and experienced 1►�, ., 1;1, gardeners alike.We actively promote "best practice" principles that ' .,r , ;4T x- »* result in healthier lawns and gardens, and encourage the public to # appreciate and participate in a range of gardening activities. ... 4 S Genera Programs and Activities t = g 17 Adopt a School — umbrella under and plant based education Garden' Program which our part- programs with a cohesive ners and spon- voice.Throughout the The Adopt a School Garden -� sors gather to month all types of organiza- program links schools(K ,v help move us all tions jointly educate govern- = 12)and youth gardens that forward in our ment,media,and individuals Y - have voluntarily registered for aid to supporting funds, shared vision of with the powerful message of materials,and technical ` an America how gardening positively assistance through corporate where everyone affects our lives. can experience and individual donors.The ` the bountiful program's main objectives gifts of garden- ---- -. Research Services are to solicit and direct & Support i4 E ing: environmen- donations to school gardens, tal and communi We actively work to expand provide expert assistance to ty resilience; bet- ** the base of knowledge in the ' educators during creation ter health;and fields of lawn and garden and maintenance of their engaging,lifelong care,environmental impact, school garden,and to learning. sustainability of home gar- ensure project sustainability. dening practices,and plant- Through this program NGA based education.Our pri- hopes to attain its goal of Industry & mary audience segments are achieving A Garden in Corporate home gardeners,educators, Every School®. Partners and students.Learn more NGA collabo- about our research services (, Curriculum Guides rates extensively at www.gardenresearch.com. & Resources ing across the curriculum, with corporations in sup- NGA authors and publishes enlivening learning,and port of K-12,health and Teacher Professional curricular materials that sup- helping young people develop wellness,environmental, Development lant based education lifelong social skills.Our community,and home gar- port p print and online catalogs dening educational pro NGA helps teachers expand efforts in school and com- their knowledge of plant- munity gardens nationwide. offer plant-based curricula, grams and initiatives. Our based education and use Classic titles include horticultural information, partners share in our work school gardens effectively. GrowLab®:Activities for products that engage kids and our recognition as a We offer numerous online GrowingMinds,Steps to a in active learning and explo- leader in gardening and ration,and general items plant-based education. resources,including From Bountiful Kids'Garden, Seed to Seed,a self-paced School and Mosaics and sized for young gardeners or Y designed to solve gardening plant based science course Growing Ventures,as well challenges. Media Outreach for K-8 educators.We also as home gardening titles NGA is a trusted source for conduct seminars and work- such as our well-received garden news and informa- shops at educator confer- series of "...for Dummies" Grants &Awards tion.We provide vital data ences,and,in cooperation gardening books.As a pub- Programs services to lawn and garden, with universities and related lisher,NGA also brings cur- Since 1983 NGA has sup- educational,and trade publi- nonprofits,we act as a ricula such as The Growing ported plant-based educa- cations.NGA's education clearinghouse for results Classroom,Math in the tion through its innovative programs,research high- of research on plant-based Garden,and the LiFE Youth Garden Grants and lights,and gardening infor- education. (Linking Food and the an array of awards pro mation regularly appear in Environment)series to the grams.Corporate partner national magazines and market,and produces cus- ships provide funding,and newspapers and a variety torn projects such as the NGA collects data to track of consumer media. " i California School Garden �y �, ', the impact of these programs. . r ,£ Network's Gardens for For a complete list of our National Garden I `{ ='` Learning and online curricula grants and awards programs z j such as Harvest of History, and p Month® and detailed Evaluation is National ' Mountain Adventures,and Survey results visit www. April . s Nature's Partners. kidsgardening.org/grants. Garden Month.This _ initiative,hosted by Gardeningwith Kids NGA,is a banner u e. �*+ GROW'"' Campaign under which collab- U ,� .L. Resource Catalog - ` The GROW Campaign is orating organizations T School and youth gardens NGA's annual gardening can advance the , are ideal vehicles for teach- awareness effort.It is an value of gardening It f= a _ e -, e ., v ��� ti Spotlight on Programs �`= Key g 0,.. , Free Newsletters National Youth Garden Grants • ,ri NGA offers several free newsletters Established in 1982, these grants provide '---- i to educators and home gardeners. schools and community organizations %., = ,� `, Our monthly online Kids Garden News across the country with resources that ,-%I `o_ ' 6 supports educators with thematic, enliven the curriculum while supporting e standards-based activities, and sup- state and national standards for learning. porting resources. The bi-weekly online Youth Garden Grants provide critical fund- Regional Reports offer regionally specif- ing for garden supplies like seeds, plants, is gardening advice, news, and recom- and tools. This program reaches thou- '..' -r + •� mendations geared to home gardeners in sands of school age children annually and '��r ;,; 12 growing zones. Our monthly Moss in is generously sponsored by The Home the City e-newsletter addresses urban and Depot. Each year we collect data on the i small-space gardening, and offers ideas impact of this program. For survey results, Vermont Garden Park for greening our cities. The monthly Edible visit www.kidsgardening.org/grants. Landscaping e-newsletter is full of ideas NGA's headquarters are for integrating vegetables, herbs, fruits, located in South Burlington, and edible flowers into home gardens. Vermont,on 14 acres of con- Our quarterly print Growing Ideas offers t."`'•i. served land.Working with articles, projects, and tips on topics of Supporting NGA and individual volunteers, interest to home and school gardeners. Your Community local garden clubs, °� "' Master Gardeners, The programs and services outlined here and the University 1 reflect NGA's commitment to renew and of Vermont,NGA . sustain the essential connection between has installed a people, plants,and the environment.Our abil- number of flour- a ,' -1; - y - ity to provide these programs and services is ishing demonstra- i s ` ^ , dependent on funding from corporations, tion gardens for ' '1 t "- �� ; j `( foundations, and individuals. Li- the community, 1. — i offeringvisitors a �{ Our innovative Adopt a School Garden TM ." \ •t _ ',' ',: il: program is an ideal vehicle for those who variety of themed4.14Ill `� `°, , gardens to enjoy. .` '--- ", .04<l' wish to make a difference at the community NGA also presents -, � level. Learn more: www.garden.org/asg. seasonal gardening " p ''. Sponsored by businesses and organizations,our workshops for §. custom Grant and Award Programs recognize children and projects across the country that actively engage families. kids in the garden and improve communities. GrowLabe Curriculum Learn more:www.kidsgardening.org/grants. Web Sites With support from the National Science Foundation (NSF), NGA developed NGA welcomes donations of all sizes.Your tax- Our Web sites represent deductible contribution strengthens plant-based crucial hubs where gardeners GrowLab®,Activities for Growing Minds, g a K-8 inquiry-based curriculum that uses education,wellness initiatives,environmental and educators find informa- plants and gardens as educational tools awareness,and communities nationwide. tion and inspiration.Each to help students learn about science and month,nearly half a million the environment. The inquiry approach National Gardening Association novice and experienced gar- encourages students to use their own 1100 Dorset St., South Burlington,VT 05403 deners take advantage of the questions and observations as spring- 802-863-5251 • www.garden.org region-specific information boards for learning. Teachers serve as found in our Regional guides, helping students develop the Reports and participate in confidence and skills to solve problems - ";"'-.` our gardening blogs. They on their own. : ,f peruse our extensive article, . ", r i--- FAQ,pest and weed control, Lawn & Garden Market Research and how-to project libraries, NGA is a recognized authority on the and consult our planting U.S. consumer lawn and garden market. ' *"' guides,event calendar,horn Published annually since 1973, the com , _,` �! cultural news, online gar- prehensive National Gardening Survey, dening courses, and garden conducted by the Harris Poll, studies con ti ;,. industry research data. sumer gardening practices, industry trends, Visit www.garden.org or and retail sales in 120 categories. NGA 1 `17). •- f �,• www.kidsgardening.org for also offers custom market research and � a full appreciation of our online survey services to help corporate • 'i�-t :) virtual garden community. clients assess product needs and trends. 'Y f 1 CERTIFICATE OF CORPORATE RESOLUTION Of NATIONAL GARDENING ASSOCIATION WHEREAS, the Board of Directors has the authority to assign responsibilities and empower the corporate officers and/or board committees to conduct such activities as the Directors may assign. RESOLVED, that the Directors empower and authorize the officers of the organization to represent the board and to negotiate and sign all legal documents that will be legally binding to the organization in order to secure a Lease agreement for the organizations base of operations. On motion duly made and seconded it was thereupon VOTED, that the Officers of National Gardening Association are empowered to take such action as may be required for the negotiation and execution of a lease agreement for property to house the operations of the National Gardening Association. Secretar t/a7. RESOLUTION ON INTERIM BYLAWS -- 12-15-2011 —wISD comments included no italics WHEREAS the City, through its Planning Commission and Planning and Zoning Department, is conducting or about to conduct studies on affordable (cottage style) housing, complete streets, and form-based codes (land development regulations), and WHEREAS the Planning Commission, in the process of updating the City's Comprehensive Plan, has recognized the importance of sustainable agriculture as a key use of land in light of climate change and its potential economic and environmental impacts on current and future residents, and WHEREAS about 160 City residents, property owners, and developers attended the Community Design Workshop for City Center and Williston Road, hosted in October by the Planning Commission and Planning and Zoning Department, and participated with great interest and enthusiasm in the development of a new plan for this area for which a form-based code is an essential component and which may be adopted for other areas of the City, and WHEREAS South Burlington has experienced a dramatic reduction in the availability of affordable housing in recent years, in large part, as a result of the Burlington International Airport's Noise Compatibility Program and related programs, which have purchased and removed from the market more than 100 homes and are anticipated to purchase and remove from the market an equal or greater number of additional homes located adjacent to the airport, and WHEREAS without changes in the City's current land development regulations, future development is unlikely to produce the quantity of(1) affordable housing and (2) land available for sustainable agriculture, necessary to support the City's goals in these areas, and WHEREAS past development has eliminated, and currently permitted, but not yet built, development (1000+ residential units), will eliminate much open space, including prime agricultural soil, and WHEREAS Vermont law states that each municipality's governing body has a duty to maintain and improve the air quality, water, wildlife, and land resources within its municipality, and WHEREAS the City Council may adopt Interim Bylaws pursuant to 24 VSA 4415 "... in order to protect the public health, safety, and general welfare and provide for orderly physical and economic growth...", and WHEREAS an Interim Bylaw is needed to give the City a reasonable amount of time in which to conduct the above-mentioned studies and define and adopt the new land development regulations flowing from them; and WHEREAS an Interim Bylaw is needed because approval of developments that do not further the goals of increased availability of affordable housing throughout the City, increased use of land for sustainable agriculture, and the use of form-based codes related to City Center and the Williston Road area, will likely preclude these goals from being accomplished. Now therefore, be it Resolved 1. That, as of the effective date of this Interim Bylaw and for a period no greater than permitted under Vermont law, no new residential planned unit development or subdivision of land, no new commercial or industrial planned unit development or subdivision of land, and no amendment seeking to add a principal structure to a site plan shall be permitted within the City of South Burlington unless approved by the City Council in accordance with interim Bylaw requirements, with the following exceptions: a. Zoning Districts excluded: (1) Airport Industrial (2) Airport (3) Institutional Agricultural -- North (4) Queen City Park (5) Lakeshore Neighborhood (6) Municipal (7) Parks and Recreation (8) Southeast Quadrant- Village Commercial b. These Interim Bylaws shall not apply to any modification or reconstruction of any existing residential structure c. This Interim Bylaw shall not apply to any change in the use of a commercial or industrial structure provided the footprint and square footage of the structure does not change. • d. This Interim Bylaw shall not apply to any modification or reconstruction of any existing commercial or industrial structure provided there is no change in the structure's current use and the structure's footprint and square footage do not change. e. This interim Bylaw shall not apply to any modification or reconstruction of any• existing commercial or industrial structure provided (1) the footprint and square footage of the structure do not change; (2) the current use continues to be the primary use; and (3) any new use or uses introduced do not, in total, occupy an area greater than 25 percent of the square footage devoted to the current use or, in the case of an existing structure having multiple uses, 25 percent of the square footage of the entire structure. f. This Interim Bylaw shall not apply to approved Master Plan developments. g. This Interim Bylaw shall not apply to the Highlands Development property that is currently the subject of litigation between Highlands Development and the City, should settlement of the City's litigation with Highlands Development be carried out as intended and described in Planning and Development Director Paul Conner's memorandum dated November 23, 2011. h. This Interim Bylaw shall not apply to any application to build a single-family residential unit on an unimproved lot no greater than one acre in size provided (1) the applicants own the lot on the date this Interim Bylaw becomes effective, (2) the applicant/owner/owners are not a corporation; (3) the unimproved lot is the only residential lot the applicant/owner/owners own in South Burlington, excluding any lot the applicant/owner/owners own that contains their primary residence; and (4) the applicant/owner/owners intend to occupy the proposed single family residential unit as their primary residence. 2. This Interim Bylaw shall be administered and enforced in accordance with the provisions of 24 VSA 4415 applicable to the administration and enforcement of permanent bylaws, except that uses other than those permitted by an interim bylaw may be authorized as provided for in 24 VSA 4415, subsection (d). City Of South Burlington, Grant Request Form _Trevor Whipple, Chief December 2, 2011 1. Name/title of grant and submittal deadline date: Car Seat Education—December 19, 2011 2. What specifically is the grant's purpose? Fund materials, supplies and misc expenses. 3. What does the grant fund and not fund(be specific)? $5,000 in materials and supplies 4. Total Project Cost: a. Amount of grant: $5,000 b. Is there a City match required,how much and in what fiscal year(s)?No match c. Are there other grants"tied into"or being used as a match for this grant of which are matching funds for this grant?None 5. From what budget line will match be paid, and is there unencumbered money to pay it?No match 6. Is there a cost to the city upon grant conclusion, and if yes,please describe? No cost at conclusion. 7. Is grant for stand alone project,and if no, how does grant fit into another project(describe in some detail)? Yes stand alone. 8. Length of grant-will the grant cross fiscal year(s)? 01/15/12 to 9/30/12—grant received in FY 2013 9. Who will apply for grant(name/title)?Trevor Whipple, Chief(application done,grant received) 10. How much time will it take to complete grant application form? 30 minutes (it is completed) 11. How likely is it that we will receive grant? 100%, although the award amount will not be known until the end of the grant period. It is pertinent to the activities we participate in. 12. Who will manage(project manager)grant and grant paperwork if approved(if different person than who is filling out this form),what are any grant compliance requirements,how much time will this take and how is that time available? Are there funds available in the grant to pay for our administrative costs? Can in-kind service be used as part of the City match? Grant will be managed by Corporal Todd LeBlanc. 60 minutes to prepare a final report and invoice for the project. No admin costs allowed. No match. 13. Describe grant payment process—method of cash flow: This is a cash award for performing services in the Child Passenger Safety field. 14. Should a Council-appointed Committee,Board, or Commission review this request? No 15. In terms of priority, with 5 being highest and 1 being lowest,please rate this grant in terms of how it fits into your primary mission as approved by City Council and current projects to complete that mission: Priority 2 but in this case there is little time required and we will provide the services with or without the grant. Applying for and receiving the grant would provide the opportunity to receive some reimbursement for services to be provided noa ter the outcome of this request. hWn i' Reviewed by Asst. City Manager,Date If approved,grant money will be in this fund /2/0 Approved by City Manager,Date Not Approved By City Manager,Date Approved By City Council,Date Not Approved By City Council,Date STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O.BOX 1507 BURLINGTON,VERMONT 05402-1507 FAX(802 660-2552) STEVEN F.STITZEL WWW.FIRMSPF.COM OF COUNSEL PATTI R.PAGE JKLESCH@FIRMSPF.COM DINA L.ATWOOD ROBERT E.FLETCHER JOSEPH S.McLEAN AMANDA S.E.LAFFERTY JOHN H.KLESCH DAVID W.RUGH* "(ALSO ADMITTED IN MD) December 1, 2011 Sanford Miller, City Manager City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re : O' Connor Dear Sandy: Enclosed please find the signed settlement agreement . Sinc I ely,: . 1 /114 n H. -.i Enclosure cc : Nancy Sheahan, Esq. SHE11-050.cor SEPARATION AGREEMENT This Agreement is made on day of November, 2011 (the "Effective Date"), by and between the City of South Burlington("City") and John"Jack" O'Connor ("O'Connor"). WHEREAS, at the outset the parties wish to make clear the importance of transparency relative to this agreement. Although the City believes it is in the best interest of the public to have access to complete information, as an employer the City is required by law to maintain the confidentiality of personnel matters for the protection of the privacy of its employees. In view of the public interest in the City's relationship with O'Connor, O'Connor has agreed to waive the confidentiality applicable by law to portions of his personnel file with the narrow exception of (1) personal identifying information such as social security numbers, which provide no substantive information. and (2) personal information regarding other City employees, both of which will be redacted. WHEREAS, the parties agree that the following relevant facts are documented in O'Connor's personnel file and other publicly available documents. 1. O'Connor was employed by the City as a police officer from July 29, 2002 to June 23, 2011. 2. On February 2, 2003, O'Connor's initial performance evaluation was positive, and noted in part that his proactive approach to "[s]treet level interdiction has resulted in many consent searches and the subsequent confiscation of illegal drugs and paraphernalia." 3. On January 31, 2005, O'Connor's superior praised him for exemplary performance in a drug interdiction case that yielded 937 Oxycontin pills and $24,000 in illegal cash. 4. On February 2, 2005, O'Connor was praised by his superior for his exemplary performance in a drug interdiction case that yielded $224,000 in illegal funds. 5. O'Connor's performance evaluation dated February 11, 2005, was positive, and noted in part his accomplishments in the area of drug interdiction. The evaluation made reference to O'Connor's difficulty working with some of the staff at the State's Attorney's office. The evaluation noted that "[t]his comment on prosecutorial backing is not meant as a negative comment on Jack's performance," but was intended to underscore O'Connor's "[n]ot too polished presentation skills including sarcastic and blunt statements." • 6. In a letter dated February 14, 2005, former Chittenden County State's Attorney, Robert Simpson, expressed concern to former SBPD police chief, Leland Graham, about O'Connor's aggressive approach in drug interdiction. [Simpson Letter]. Simpson did not question O'Connor's integrity or honesty. As Chief Graham noted: [W]hen Bob and I met, he did tell me that he thought the letter was a little harsh, and that it had more to do with attitude than—than anything—he wasn't concerned about any constitutional violations committed by Officer O'Connor. 7. After conferring with Simpson and his staff, Chief Graham decided to require additional supervision of O'Connor with emphasis on improved report writing. 8. On October 17, 2005, O'Connor and the City of South Burlington were sued by Rico Diamond, Docket No. 2:05-CV-279, for an incident on March 21, 2005, when at the direction of the DEA, O'Connor took custody of$5,200 in cash at a motel room occupied by Diamond. Plaintiff alleged his constitutional rights were violated and that O'Connor's conduct was racially motivated. Plaintiff alleged the City had disregarded a pattern of misconduct by O'Connor. 9. O'Connor's performance evaluation dated January 8, 2006, was positive, and noted in part his performance in drug interdiction which had "[1]ed to a multitude of consent searches and court authorized search warrants." The evaluation further noted that O'Connor's interdiction had "[c]aught the admiration of district court judges and the disdain of defense attorneys." 10. On March 11, 2006, O'Connor received Officer Counseling in areas of DUI Enforcement, Evidence/Found Property, and Search and Seizure. 11. In 2006, O'Connor was sued along with officers Dubie, _ Chaulk, MacCallum and the City of South Burlington in a suit brought by Myrkel Staley, docket No. 2:06-CV-68, for unlawful arrest and excessive use of force in an incident on April 14, 2003. 12. O'Connor's performance evaluation dated February 23, 2007, was positive, and noted in part that "[h]e is highly motivated and has a strong sense of dedication to duty. . . . He is one of the hardest working officers and remains dedicated to drug enforcement activities." O'Connor was encouraged to continue improving his paperwork. 2 13. On February 2, 2007, O'Connor was praised by his superior for his drug interdiction work during a traffic stop that yielded a significant amount of cocaine. 14. In March 2007, approximately two months after he took the office of Chittenden County State's attorney, T. J. Donovan, met with O'Connor's superiors to express concerns regarding O'Connor. O'Connor and Donovan had a history of opposing interests in cases while Donovan worked as a criminal defense attorney. One of O'Connor's superiors attributed the meeting to the personality conflicts between O'Connor and the State Attorney's office. 15. In May 2007, the Staley suit was settled without payment on behalf of any of the defendant officers who were dismissed. The City's insurer paid a settlement in the interest of cost management. 16. By July 2007, Donovan had been declining to prosecute at least some of O'Connor's cases. 17. O'Connor's performance evaluation dated March 23, 2008, rated him in twenty separate categories and concluded that he exceeded standards in the areas of Officer Safety, Field Performance, Investigative Procedures, and Interview & Interrogation, and was below standard in Report Writing, and Use of Radio. O'Connor met standards in the remaining 14 areas. 18. The Diamond case was tried in July/August 2008 with much public attention. During the trial, the jury was provided with a number of decisions in cases involving O'Connor in which motions to suppress had been granted. The jury also heard testimony regarding citizen complaints that had been made against O'Connor and the jury was given O'Connor's personnel file. During the ten day trial, the jury heard testimony from Robert Simpson as well as many other witnesses including a former police chief who was hired by Diamond's attorneys as an expert on police conduct. 19. The jury found in favor of O'Connor and the City. The Court awarded Diamond $1 in nominal damages for O'Connor having held on to the funds without probable cause for longer than the short period of time necessary for further investigation. The 'Court found O'Connor had reasonable suspicion to take the funds, and had not acted with any improper motive. 20. The jury rejected Diamond's contention that the City had ignored an alleged pattern of police misconduct by O'Connor. There was no evidence in O'Connor's record and/or history of his conduct to suggest a pattern of constitutional violations or disregard of rights. 3 21. The Second Circuit Court of Appeals upheld the outcome of the trial. 22. Subsequent to the Diamond verdict, a concerned citizen in a letter to Chief Whipple stated: It is our hope the recent trial of Rev. Diamond will not intimidate you into having your officers back off on drug dealers in So. Burlington. I have 2 grandchildren in the So. Burlington school system and we are aware of the endless battle you guys are in. Please do not relent or discourage them from working right on the edge of criminal rights — our kids' rights to live in a drug free community are important too. Thank you for the back-up of Officer. O'Connor. We all in our family are grateful to you all in the P.D. 23. On March 31, 2009, O'Connor was cited for tardy arrival at work on ten occasions from September 2008. 24. On May 11, 2009, O'Connor was counseled by his superior for arriving at work 15 minutes late. 25. O'Connor's performance evaluation dated May 30, 2009, rated him in twenty separate categories and concluded that he exceeded standards in the areas of Officer Safety, Investigative Procedures, and Interview & Interrogation, and he was below standard in Report Writing, Use of Radio, and punctuality. O'Connor met standards in the remaining 14 areas. 27. On June 5, 2009, O'Connor was cited by his superior for tardiness on June 4, 2009. 28. On September 9, 2009, O'Connor was praised by his superior for a thank you email sent by a man who was arrested by O'Connor for drugs and claimed that as a result his life changed for the better. 29. On September 18, 2009, O'Connor was praised by his superior for his investigation of a drug conspiracy involving sale of cocaine brought to Vermont from New Jersey. The defendants pled guilty. 30. September 23, 2009, O'Connor was suspended for two days for incidents of tardiness and failure to submit a daily cruiser checklist during the period of time dating to March 2009. 31. On September 29, 2009, O'Connor was given counseling by his superior for having failed to complete the paperwork on a case before going home. 4 32. In February 2010, O'Connor filed suit against Donovan in Chittenden Superior Court alleging claims for interference with contract and defamation. 33. On April 30, 2010, O'Connor was cited by his superior for sending an email at work on a subject unrelated to his duties. 34. O'Connor's performance evaluation dated June 10, 2010, rated him in twenty separate categories and concluded that he exceeded standards in the areas of Officer Safety, Field Performance, Investigative Procedures, and Interview & Interrogation, and he was below standard on Use of Radio, and Punctuality. O'Connor met standards in the remaining areas. 35. On November 23, 2010,. O'Connor was reprimanded for forwarding an email on the City's server that was perceived by Chief Whipple as insensitive toward a particular nationality. O'Connor apologized. 36. On March 2, 2011, Donovan sent an email to Chief Whipple stating that his office would no longer prosecute O'Connor's cases. In an ensuing telephone conversation with Chief Whipple, Donovan stated O'Connor was not credible based on O'Connor's testimony at a hearing that day (March 2, 2011) in U.S. v. Campbell about Donovan. Specifically, in response to a question regarding his suit against Donovan, O'Connor testified that he believed Donovan exerted political pressure on the DEA not to become involved in a search warrant incident in the Gingras case. 37. On March 5, 2011, O'Connor was placed on paid administrative leave indefinitely primarily because of Donovan's refusal to accept cases from O'Connor. 38. In a memorandum dated May 18, 2011, Chief Whipple recommended O'Connor's termination for "inefficiency/incapacity and misconduct." The memo cited as a reason Donovan's March 2, 2011 notice that O'Connor's cases would no longer be prosecuted, which notice the Chief viewed as rendering O'Connor "inefficient and/or incapacitated for the performance of his duties in a way that is beyond possible rehabilitation." 39. On June 23, 2011, O'Connor was advised by the City that, based on Chief Whipple's May 18, 2011, memorandum, O'Connor's employment was terminated immediately. O'Connor has appealed the City Manager's decision. WHEREAS the parties make the following contentions; as to any particular contention, the parties either disagree or reserve the right to take a position on each other's contentions. 5 O'Connor's Contentions 1. O'Connor's training and experience with the Richmond, Virginia P.D. before joining SBPD, gave him a different perspective on the gravity of drug activity in the Burlington area. Drug gangs were increasingly active in the Burlington area, a profitable market, while the police by and large did not seem well equipped to confront the problem. 2. O'Connor's success in drug interdiction made him the target of drug dealers. O'Connor became the subject of rumors that he was a bad cop, and the subject of political influence on the State Attorney's Office to yield the Simpson Letter. 3. Criminal defense attorneys filed civil suits [Diamond and Staley] against O'Connor. 4. When Donovan, a criminal defense attorney, became State's Attorney, one of his goals was to force O'Connor out. Shortly after taking office, Donovan made his displeasure with O'Connor known to his superiors at SBPD. 5. Donovan revealed his intention to O'Connor in a moment of anger when in the Gingras case, he told O'Connor he will ruin his police career. 6. O'Connor was placed under increased scrutiny at SBPD, and was cited for minor issues that were not strictly enforced as to other officers. 7. O'Connor's recourse was to defend his legal right to pursue his career by filing suit against Donovan to have his conduct brought to light and examined in court. 8. In Campbell, O'Connor was asked by a criminal defense attorney about the reason he had sued Donovan, an issue completely irrelevant to the matter before the Court. O'Connor's answer included his belief that Donovan had prevented the DEA from becoming involved Gringos case. On the same day, Donovan learned of the testimony and in retaliation sent an email to SBPD that his office no longer would accept any of O'Connor's cases for prosecution. 9. Donovan complained that O'Connor was untruthful under oath about him. In the ensuing internal investigation, the DEA denied Donovan had exerted influence in the Gingras case as that would have been inappropriate. Donovan had testified in Diamond that he did not recall whether he had made such a call to the DEA. 6 10. O'Connor believes Donovan has retaliated against him for having exercised his constitutional rights to seek redress from court by bringing suit against Donovan and to exercise his free speech by testifying in court and speaking with the press. 11. O'Connor understands SBPD could no longer support him given Donovan's refusal to prosecute O'Connor's cases. O'Connor believes his reputation and ability to function effectively as a police officer have been severely damaged by Donovan and his associates, and he needs to devote his time to the related court proceedings. City's Contentions 1. When he was hired in 2002, O'Connor brought considerable experience in the area of drug interdiction to the SBPD. He is passionate about his work and takes great pride in identifying and bringing to justice persons who seek to introduce drugs into the community. 2. The City has consistently made it a practice to offer exceptional training to its police officers. In keeping with this practice, O'Connor has received extensive training in the area of search and seizure and drug interdiction during his tenure with SBPD. 3. It is the policy of the SBPD that its officers scrupulously observe constitutional guidelines when conducting searches and making seizures. The SBPD also recognizes, however, that decisions that officers make on the scene about the existence of reasonable suspicion or probable cause may be reversed for reasons that are unrelated to an officer's proper performance of his duty. Despite an allegation by Diamond that O'Connor was violating people's rights and the Constitution for years and that the City did nothing while O'Connor ignored the rules that everyone in law enforcement is obligated to follow, the jury in the Diamond trial concluded that the City did not have a custom or policy of deliberate indifference to unconstitutional searches and seizures. 4. It is the policy of the SBPD that no member of its agency shall engage in bias based policing. Allegations of a violation of that policy are taken seriously by the SBPD. Despite an allegation by Diamond that O'Connor had discriminated against him based upon race when O'Connor seized his money, the jury in the Diamond trial concluded that O'Connor's actions were not based on race. 5. O'Connor is not without his faults. Historically, his report writing has been below expected standards, which has contributed to misunderstandings about his actions in certain cases. He can be outspoken 7 and sarcastic and has been very vocal in expressing frustration with what he perceives to be a lack of support from the State's Attorney's office. 6. Although the City stands by the recommendation that O'Connor's employment be terminated for the reasons set forth in Chief Whipple's May 18, 2011 memorandum, it also recognizes the significant contributions that O'Connor has made to the SBPD and the community. NOW THEREFORE,the parties agree as follows: 1. In exchange for the City vacating O'Connor's dismissal and for payment to O'Connor of$52,000, which represents approximately one year of his most recent base salary, O'Connor agrees to dismiss his appeal of his discharge from employment, agrees to resign his employment effective immediately, agrees to provide a general release to the City in a form acceptable to the City's legal counsel and he agrees not to apply for future employment with the City. 2. In the event that any one or more of the provisions of this Agreement shall be for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity shall not affect any other provisions herein. If any court determines that any provision of this Agreement is in any way unenforceable, such provision shall be reduced to whatever extent is necessary to make such provision enforceable. 3. In making this Agreement the parties acknowledge that they have not relied upon any statements, representations, or inducements pertaining to this matter made by the other party or by the other party's attorneys except as set forth herein. 4. Each of the parties hereto understands and agrees that the terms of this instrument are contractual and not mere recitals. All parties to this Agreement acknowledge and represent that they are executing this Agreement after having the opportunity to receive legal advice from counsel of their choice. The undersigned certify that they have read the entirety of this Agreement and fully understand the terms and conditions of this Agreement. 5. This Agreement shall be binding on and will inure to the benefit of the parties hereto and their respective heirs, administrators, executors, successors and assigns. 6. The parties understand and agree that each shall bear its own attorneys' fees and costs incurred in connection with O'Connor's discharge and appeal of his discharge from employment with the City. 8 7. This Agreement and the provisions contained herein shall not be construed or interpreted for or against any party hereto because said party drafted or caused the party's legal representative to draft any of the provisions. The parties acknowledge that the language in this Agreement was produced through negotiations by their respective counsel. 8. This Agreement cannot be modified or amended in any way, except in writing, signed by the party to be charged. 9. The parties agree that this Agreement constitutes the entire agreement between the parties relating the subject matter of the teitiiination of O'Connor's employment with the City, and that there are no other agreements, understandings, representations or warranties made or given, except as expressly set forth herein and as may be set forth in any agreement by which a party hereto is expressly deemed a third-party beneficiary. All prior agreements relating to the subject matter of this Agreement shall be null and void and shall be superseded by this Agreement, except as expressly set forth herein. The parties are solely responsible for the contents of this Agreement. 10. This Agreement is made in the State of Vermont and shall be governed by and construed and enforced in accordance with the laws of the State of Vermont, and the parties agree to submit to personal jurisdiction in Vermont to the extent necessary to adjudicate a dispute under this Agreement. ACCEPTED A ,AGREED: John"Ja k" O'Connor(" Connor"). Date City of South Burlington, by its duly authorized Date representative 9 Olt GI t0lil, R Todd LeBlanc, Assessor 575 Dorset Street South Burlington VT 05403 December 13, 2011 846-4103 To: South Burlington City Council Re: 2011 Grand List Errors & Omissions Dear Council Members: It is now the end of 2011 and with it the close of the 2011 Grand List. As is inevitable with a Grand List the size of this City's, there were errors or omissions in the Grand List when lodged with the City Clerk in July(see attached). State Law allows for the City to make changes in the Grand List due to Errors and Omissions (E & 0)up until December 30 each year. In finalizing the Grand List for the City of South Burlington I am noticing you of the list of properties which have needed corrections through the E & 0 process. It is my recommendation that you approve the changes to the 2011 Grand List under the Errors & Omissions provision as set forth in title 32 of the Vermont State Statutes. Title 32, chpt 4261 states that "When real or personal estate is omitted from the grand list by mistake, or an obvious error is found,the listers, with the approval of the selectmen, before December 31, may supply such omissions or correct such errors and make a certificate thereon of the fact." Errors & Omissions include, but are not limited to, property listings that contain incorrect or missing information, incorrect Veterans Exemptions, Tax status, Homestead/Housesite values and obvious mistakes in values. Values may rise, stay the same, or decline depending on the error. Sincerely, j R Todd LeBlanc Assessor Issues needing approval 1) List of property that has had a change in the mailing address. Mailing addresses corrected per owner requests. (See Attachment 1) 2) List of corrected ownership information. These entries are results of errors in the Grand List due to inaccurate owner name. This entry had a"space" before the name which made it difficult to find in the Grand List. (See Attachment 2) 3) List of corrected rental use %. These entries are results of errors in the Grand List due to rental % changes claimed during homestead declaration process. (See Attachment 3) 4) List of Veteran Exemption Changes. These entries are results of errors in the Grand List due to Veterans exemption errors. This property was sold and should no longer receive a Veterans exemption. (See Attachment 4) 5) List of property that has a duplicate entry in the Grand List This property was added to the Grand List when we were unable to link a building located at the airport to a parcel in the Grand List. This property was in fact in the Grand List but was listed in such a way that it couldn't easily be identified by address, description or Parcel ID. This property was eventually identified by a sketch comparison when questioned by owner about parcel identity. (See Attachment 5) The items below are not required by law to be approved by the City Council. I am including these items so that all of the changes to the Grand List made after the July lodging are grouped together in one package when they are given to the City Clerk. 6) List of changes resulting from Homestead Declaration changes. These entries are results of Homestead Declaration information that was downloaded from the State of Vermont the 2011 Grand List was set for billing in July. (See Attachment 6) Attachment# 1 Mailing Address Corrections Name Parcel ID Old Address New Address Charron, Joseph & Kellie 0700-000D2 3077 West Shore Rd, Isle Lamotte, VT - D2 Grandview Dr, S Burlington, VT Leslie, Barbara A 0270-00018 2369 Kronprindsens Gade, St Thomas, VI 18 S Beach Rd, S Burlington, VT Attachment # 2 Name Corrections Address Parcel ID Old Name New Name 357 Juniper dr 0945-00357 _Racine, Robin Trust Racine, Robin Trust (underscore indicates blank space prior to name) Attachment # 3 Rental Use Corrections Name Parcel ID Old Rental % New Rental % Shortsleeves, Penny 0160-00064 12% 0% Kupersmith, Michele 0260-00023 0% 18% Novinger, Leah & Quentin 0860-00630.003 33% 66% Ferguson, Jonathan 1010-00230 50% 75% Mittag, Michael Trust 1040-00008 99% 0% Ploof, Burt & April 1130-00003 34% 38% Manley, Neil H Trust 1130-00043 8% 21% Attachment # 4 Veterans Exemption Corrections Name Parcel ID Old Owner / Exemption New Owner / Exemption Gover, Mary Ann 0990-00079 Robert Early / $40000 Mary Ann Gover / $0 Attachment # 5 Parcel Corrections Name Parcel ID Old Assessed Value New Assessed Value City of Burlington 0010-00860 $400,200 $0 860 Airport Dr Parcel as Duplicated City of Burlington 2000-00000.012 $638,000 $638,000 25 Customs Dr Attachment # 6 Homestead Declarations L Printouts of all differences in Grand List after July lodging with City Clerk due to Homestead Declarations. See attached Grand List comparison reports. 12/12/2011 So Burlington 2011 Billed-Grand List Page 1 of 1 02:32 pm Homestead On/Off Comparison Report TLeblanc Compared to Original Billing File (LSFREZ) Parcel ID SPAN Name Homestead Status 0065-00008. 10253 PRESS LAWRENCE On now, Off last year 0120-00015. 10805 BROWN MARTHA R Off now, On last year 0160-00076. 12511 CAIRELLI JASON 6 KRIS Off now, On last year 0258-00240. 17444 MONGEON LINDSEY E On now, Off last year 0330-00106. 14803 PARIATO RICHARD Off now, On last year 0573-00014. 15196 RANSOM MARY R On now, Off last year 0615-00101.312 17021 VALLIERES DENIS On now, Off last year 0630-00001. 13255 KEHOE JAMES M & MICHELLE L On now, Off last year 0790-00089. 12770 HATCH CARLOTTE B TRUST Off now, On last year 0850-00049. 17849 MALLEY NATHANIEL M On now, Off last year 0860-00367. 12750 HARRINGTON ROBERT & ELAINE LIFE ESTATE Off now, On last year 0985-00028. 11365 PELSKI RYAN On now, Off last year 1020-00002. 15323 BURLINGTON, CITY OF Off now, On last year 1033-00012. 17762 KIRBY GAIL On now, Off last year 1194-00017. 17290 THOMPSON JAMES P & KATHERINE F On now, Off last year 1240-00077. 14872 PECK JODIE F On now, Off last year 1290-00190. 10195 ANGOLANO CHARLES JR & SHARRON Off now, On last year 1390-00050. 10993 ANGOLANO SHARRON On now, Off last year 1610-00303. 10543 DENTE JAMES E JR & COLETTE G On now, Off last year 1660-00N10. 11391 KNYAZHITSKIY ALEXEY On now, Off last year 1740-00007. 14792 PARISEAU CAROL A On now, Off last year 1740-00017. 16109 RIVERS JOHN On now, Off last year 1740-00046. 13451 ADAMS CHLOE & CAROLYN Off now, On last year 1745-00020. 12027 PARK CHRISTOPHER & JORDAN On now, Off last year 1815-00069. 11100 LEDERER GERDA On now, Off last year 1853-00072. 17249 KILLACKY JOHN On now, Off last year 1853-00074. 17250 BRANDON JENNIFER On now, Off last year 1853-00094. 17255 HART RICHARD & SUSAN On now, Off last year Total Records: 28 12/12/2011 So Burlington 2011 Billed Grand List Page 1 of 1 02:32 pm Homestead Exemption Comparison Report TLeblanc Compared to Original Billing File (LSFREZ) Parcel ID SPAN Name Exemption Change 0990-00079. 11943 GOVER MARY ANN Veterans Homestead Exemption is 0 was 40000 Total Records: 1 12/12/2011 So Burlington 2011 Billed Grand List Page 1 of 1 02:33 pm Homestead Business/Rental Use Comparison Report TLeblanc Compared to Original Billing File (LSFREZ) Parcel ID SPAN Name Business/Rental Use Change 0160-00064. 15692 SHORTSLEEVES PENNY Rental Use % is 0.00 was 12.00 0260-00023. 13406 KUPERSMITH MICHELE Rental Use % is 18.00 was 0.00 1040-00008. 14385 MITTAG MICHAEL TRUSTEE Rental Use % is 0.00 was 99.00 Total Records: 3 12/12/2011 So Burlington 2011 Billed Grand List Page 1 of 1 02:34 pm Homestead Name Comparison Report TLeblanc Compared to Original Billing File (LSFREZ) Parcel ID SPAN Name Name Change 0945-00357. 15177 RACINE ROBIN TRUST Name 1 is RACINE ROBIN TRUST was RACINE ROBIN TRUST Total Records: 1 12/12/2011 So Burlington 2011 Billed Grand List Page 1 of 1 02:34 pm Homestead Homestead Comparison Report TLeblanc Compared to Original Billing File (LSFREZ) Parcel ID SPAN Name Category Current Homestead Previous Homestead Difference 0160-00064. 15692 SHORTSLEEVES PENNY 0 161,300 141,944 19,35 0260-00023. 13406 KUPERSMITH MICHELE R1 247,600 276,900 -29,30. 0860-00630.003 16006 NOVINGER LEAH & QUENTIN 0 74,494 146,797 -72,30. 1010-00230. 13379 FERGUSON JONATHAN DP R1 138,800 174,100 -35,30 1040-00008. 14385 MITTAG MICHAEL TRUSTEE 0 258,300 2,583 255,71 1130-00003. 15033 PLOOF BURT & APRIL R1 174,100 180,300 -6,20 1130-00043. 13951 MANLEY NEIL H REVOCABLE TRUST R1 183,600 200,500 -16,90 Total Records: 7 115,07 12/12/2011 So Burlington 2011 Billed Grand List Page 1 of 1 02:35 pm Homestead Housesite Comparison Report TLeblanc Compared to Original Billing File (LSFREZ) Parcel ID SPAN Name Category Current Housesite Previous Housesite Difference 0160-00064. 15692 SHORTSLEEVES PENNY 0 161,300 141,944 19,35 0260-00023. 13406 KUPERSMITH MICHELE R1 247,600 276,900 -29,30 0860-00630.003 16006 NOVINGER LEAH 6 QUENTIN 0 74,494 146,797 -72,3C 1010-00230. 13379 FERGUSON JONATHAN DP R1 138,800 174,100 -35,3C 1040-00008. 14385 MITTAG MICHAEL TRUSTEE 0 258,300 2,583 255,71 1130-00003. 15033 PLOOF BURT 6 APRIL R1 174,100 180,300 -6,2C 1130-00043. 13951 MANLEY NEIL H REVOCABLE TRUST R1 183,600 200,500 -16,9C Total Records: 7 115,0i CITY COUNCIL 5 DECEMBER 2011 The South Burlington City Council held a pre Town Meeting on Monday, 5 December 2011, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: S. Dooley, Chair; M. Emery, J. Knapp, P. Engels, R. Greco Also Present: S. Miller, City Manager; R. Rusten, Assistant City Manager; P. Conner, Director of Planning & Zoning; J. Rabidoux, Public Works Director; Rep. A. Pugh; B. Stuono, R. Cassidy, M. Young, S. Dopp, B. Bull, T. Barritt, M. Provost, R. McKay, D. Boehm 1. Pre Town Meeting for Special Election of 6 December 2011: Mr. Cassidy explained that the School Board was very interested in Article I which related to budget voting. He then reviewed this history of budget adoption in South Burlington. Prior to citizens voting on the city and school budgets, there used to be no vote needed if the budget was below a certain threshold. Then, the citizens voted to amend the City Charter to allow voting on all budgets. There was a provision that if a budget failed twice, the budget for the next year would be the same as the previous year with an adjustment for the CPI increase. The current proposed amendment would require that a budget be voted on until it is approved. There is an additional feature that allows the city or schools to spend based on the previous year's budget until a budget is adopted. Mr. Cassidy noted that in the previous few years, the school budget increase was actually less than the CPI increase, so if a budget failed, the budget that went into effect could be higher than the rejected budget. Mr. Cassidy added that this was not good for the School Board because they didn't know why people might not be voting for a budget. Mr. Young asked about the time line for the proposed Charter change to take effect. Ms. Dooley said it has to be approved by the State Legislature if it passes in the city. The hope is this can happen so that the change is in effect for the upcoming March election. Mr. Conner asked if South Burlington ever turned down a budget. Mr. Cassidy said not in his memory. Rep. Pugh asked by what date there would have to be legislative approval to affect the March vote. Mr. Cassidy said some lead time would be needed to properly warn the vote. Mr. Miller added that the city could provide a draft of the amendment, if it passes, by the day after the vote. Mr. Cassidy felt that having an approval by the March vote is an admirable thought but challenging. (Ms. Emery left the meeting temporarily at this point.) PRE TOWN MEETING 5 DECEMBER 2011 PAGE 2 Ms. Dooley then reviewed Article II on the ballot. She noted that the Charter currently requires a city-wide reappraisal every three years. The proposed amendment would eliminate this requirement and have the city fall under State reappraisal requirements. Ms. Dooley noted that the last reappraisal in 2006 cost taxpayers $400,000., and would probably be more expensive now. She stressed that the proposed amendment in no way affects a property owner's right to appeal an appraisal at any time. Mr. Miller noted that there are no criteria in the Charter as to why an appraisal should be needed every 3 years. State laws do provide such criteria(coefficient of dispersal and common level of appraisal). The city is nowhere near to meeting those criteria. Ms. Dooley added that the city gets money every year from the State toward a future reappraisal, and the city is building up a fund for when that will be needed. Mr. Young asked if the city would have to do a reappraisal if the amendment fails. Mr. Miller said they would have no choice but to start the process and try to figure out how to pay for it. Mr. Conner then explained Article III which involves a land exchange between the city and Highlands Development. In this exchange, the city would give Highlands 7.25 acres of the southwest corner of the Wheeler Natural Park in exchange for 20+ acres and $10,000 to revegetate the land and provide pedestrian trails. Mr. Conner added that the city is committed to placing the 20+ acres under a perpetual conservation easement and then turning the property over to a third party such as a Land Trust. Mr. Conner then reviewed the history of litigation regarding this piece of land. If the Article passes, the litigation would be settled, and Highlands would have the right to develop the land they would be receiving. Mr. Conner noted that the litigation that failed in the Supreme Court cost the city$80,000, and to date the litigation regarding the Master Plan has cost just under$100,000. Future costs are unknown but would probably be significant. Ms. Dooley asked if there has ever been another settlement that voters have been a part of Mr. Conner said not that he is aware of. Ms. Dooley noted the public's attachment to the Wheeler property and to the wildlife corridor. Because the settlement does allow for some development of the property, it was felt the voters should be consulted. Mr. Provost said that his driveway is the entrance to the Taft development, and he knew nothing of this Article until last week. He asked about the process. Ms. Dooley said it was discussed at the 17 October City Council meeting and was explained in The Other Paper. Mr. Provost asked why abutters weren't consulted as they are a party to the litigation. Mr. Miller said the city hadn't heard from the attorneys that were other parties PRE TOWN MEETING 5 DECEMBER 2011 PAGE 3 to the litigation. Mr. Conner added that all the city was required to do was to keep the Court informed. Mr. Provost asked why the ballot item doesn't say this is the settlement of litigation. Mr. Knapp explained that ballot items must be written in a specific way with no commentary. The ballot item had to follow this formula. Mr. Provost expressed frustration because the homeowners in the area felt confident the city was fighting the development. They felt they were "blindsided"when they heard of the land swap. Ms. Dooley said it was very speculative that the city could have won the court case, and there was risk involved in going forward in court. She stressed that the City Council has to take into account what is best for the whole city, and this was felt to be a reasonable proposal. Another area resident felt the land in question is worth more than $2,000,000., which is much more than the cost of litigation would be. Ms. Dooley said that to the best of her knowledge the land has not been appraised. The development plan that would have gone into effect would have allowed for 9 units in each of 4 buildings. The resident felt the city was "giving someone $2,000,000. Mr. Engels said if the city doesn't, the court will, and it could be much worse than that. A representative of National Gardening asked about covenants in place for the 7.25 acre parcel. She noted the purchase had been by a bond vote of the public. Ms. Dooley said there are no permanent restrictions on that property. Mr. Miller added that the City Council could enter into this agreement without a public vote. The National Gardening representative said they are generally in favor of the Article but would like a buffer between them and the development of the 32 homes that would be allowed if the Article passes. Mr. Miller said that any proposal for development would have to go through the regular DRB process, and National Gardening's request could be made to the DRB at that time. Mr. Conner added that since there is no present zoning for that area, screening could be required in the regulations. Another area resident said many voters know nothing about this proposed legal settlement and he was concerned that there could still be problems. Ms. Dooley stressed that many efforts were made to provide information to the voters in a variety of forums. Mr. Boehm questioned how the zoning will be changed. He said he was startled to hear that a zoning change was part of the deal. Mr. Conner explained that as part of the settlement the "City Council would work in good faith"to change the zoning. This would go through the regular public process with hearings at both the Planning PRE TOWN MEETING 5 DECEMBER 2011 PAGE 4 Commission and City Council. Mr. Boehm said there is a lot of confusion in the neighborhoods about what this means. He felt it should have been brought to the condo association. Mr. Conner noted that staff did extend an offer to members of some of the Highlands buildings to meet with them. The offer was not accepted. Mr. Young asked if the city would have to pay for a conservation easement. Mr. Knapp said sometimes organizations ask for a donation. He didn't know of any municipality that has ever done that. Ms. Greco said she would personally cover any such donation. Mr. Provost asked if there are a minimum number of voters that has to show up. Mr. Miller said there is not. Ms. Dopp noted that when the South Burlington Land Trust heard of this, their first reaction was negative, but as they dealt into the facts, they saw it as the best possible solution to a bad situation. It is costing the city money to be in court, and it is costing wildlife. She stressed that the Land Trust would gain nothing from this. There were no further comments, and the Pre-Town Meeting ended at 7:40 p.m. Clerk CITY COUNCIL 5 DECEMBER 2011 The South Burlington City Council held a regular meeting on Monday, at 7:40 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: S. Dooley, Chair; M. Emery, J. Knapp, P. Engels, R. Greco Also Present: S. Miller, City Manager; R. Rusten, Assistant City Manager; M. Young, S. Dopp, B. Stuono, M. Griffin, J. Biondo 1. Agenda Review: No changes were made to the Agenda. 2. Comments & questions from the audience not related to agenda items: No issues were raised. 3. Announcements & City Manager's Report: Mr. Engels: Met with the Pension Advisory Committee this afternoon along with the representatives from Prudential. Things are going very well. Ms. Greco: Attended the Planning Commission meeting. Ms. Dooley: Participated in the Channel 17 panel with Ms. Greco to speak about the ballot items. Also spoke about this at the Rotary Club. Also met with Nancy Simpson of the Library Board regarding strategic planning. Mr. Miller: Noted the resignation of Susan Resnick from the Library Board of Trustees. The City's Paramedics will graduate on 12 December at a ceremony at UVM Mr. Miller will attend. Mr. Rabidoux is working on a space needs analysis which may involve relocating some offices on the second floor. There will be an assessment of whether there is a continuing mold problem before any action is taken to be sure it is safe for everyone. 4. Presentation of South Burlington Pension Funding & Investments with Prudential: Ms. Griffin reviewed the Asset Allocation Report as of 30 September 2011. She stressed that the figures indicate the volatility of the market, both here and abroad and cited figures ranging from -10.43 in September to -2.94 in October. The 3-year return is CITY COUNCIL 5 DECEMBER 2011 PAGE 2 +5.12, and the 10-year return is +4.85. Total assets are $19,641,493. This is an increase from $11,660,427 a year ago. Ms. Griffin recommended staying with the city's long term strategy. Ms. Griffin then directed attention to the chart of Assets vs. Liability Growth. She noted the actuarial value of assets if$22,140,718. The funding target is $20,777,281,which results in a funded percentage of 106.56%. The recommendation is to retain the current equity allocation. Mr. Miller said the city has a policy for how investment allocations would occur. He stressed that the city is in a radically different position now than a year ago. He felt that having the committee set up to include the bargaining units was valuable. 5. Review Draft of Council Meetings Schedule for FY13 Budget Discussions and Regular Meetings in January through March election: Members reviewed the schedule. They agreed to hold budget meetings at 7 p.m. and regular meetings at 7:30 p.m. They also set a joint meeting with the School Board for 25 January at 6 p.m., prior to the School Board meeting at the Middle School. 6. Consider Approval of Capital Equipment Refunding Notes and Resolutions for: Highway Loader, Dump Truck and Trackless Sidewalk Plow: Mr. Miller noted the note is at 2.4% and the final year of a 3-year note. Ms. Emery moved to approve the Refunding notes and accompanying resolutions as present. Mr. Knapp seconded. Motion passed unanimously. 7. Minutes of 21 November 2011: It was noted that in the second paragraph under item 12 on p. 3, the word "not" should be inserted before the word"proposed"in the first sentence. On p. 5, the name"Mike Smith' was corrected to "Ron Smith." Ms. Emery moved to approve the Minutes of 21 November 2011 as amended. Mr. Engels seconded. Motion passed unanimously. CITY COUNCIL 5 DECEMBER 2011 PAGE 3 8. Sign Disbursement Orders: Disbursement Orders were signed. 9. Executive session: Mr. Knapp moved that the Council meet in executive session to discuss personnel, contract negotiations, real property transactions, and litigation and to resume regular session only for the purpose of adjournment. Ms. Emery seconded. Motion passed unanimously. 10. Regular Session: Council returned to regular session. As there was no further business Mr. Knapp moved for Council adjournment. Ms. Dooley seconded. Motion passed unanimously. Council adjourned. Clerk City Council �10AL G, City of South 1 -d 575 Do set Street Burlington W South Burlington, VT 05403 (802) 846-4105 C I KO. As per your request during an executive session on November 21st with Bob Mission Rusten, Assistant City Manager, please find attached responses to the following questions: To promote home,school, and community gardening as a means to renew and • Gain a better understanding of how these proposed uses may be different from sustain the essential how the property is currently being used and what changes in the lease are connection between needed. people,plants,and the • Understand how these uses fit into a nature park. environment. • Understand in what ways, if any, would the public be restricted from using the property due to NGA activities. • Understand the NGA's desire as to who makes decisions regarding the property Vision and buildings. To create plant-based • Understand NGA's long-range vision for grounds improvement and public initiatives that speak to usage. young minds,educators, • Understand how the City will benefit from this extension. youth and community • Better understand the acreage be requested from NGA. organizations,and to the • Understand the types of fund-raising activities are contemplated and whether general gardening public in five core areas: alcohol will be available. plant-based education, health and wellness, In addition, to help the City Council members understand the history of Vermont environmental stewardship, Garden Park, and the National Gardening Association, we have attached these community development, additional documents to assist in your review: and home gardening. • 2001 Vermont Community Botanical Garden Brochure National Gardening • History of Vermont Community Botanical Gardens & Vermont Garden Park Association • Current NGA lease agreement(amended VCBG lease) dated May 1st 2005 1100 Dorset Street • 2010-2011 National Gardening Association Annual Report South Burlington • Draft—Interim Plan defining 14-acre Vermont Garden Park area Vermont 05403 • National Gardening Association descriptive brochure Ph:(802)863-5251 • Certificate of Corporate Resolution of National Gardening Association Fax:(802)864-6889 www.garden.org If you have any questions or concerns related to any of the information provided, either prior to or following our scheduled council meeting on December 19th, I can be reached directly on my cell at: (617) 905-0467 Sincerely, Paul Simon, PLA Dear City South Burlington Council Members, Please find below responses to questions raised by the council to The National Gardening Association. Gain a better understanding of how these proposed uses may be different from how the property is currently being used and what changes in the lease are needed. The proposed uses of the leased property do not differ from how the property is currently used. However, now that the grounds have been enhanced, we are anticipating much more community utilization. We anticipate hosting events and adding more educational display gardens in accordance with our lease. In addition to the current educational programming and small community events that currently take place(all free of charge), we plan to increase educational programming, collaborate more with local groups and organizations, and begin to host outdoor weddings, receptions and meetings as a means to raise funding to support the ever growing operations of Vermont Garden Park. We do not feel that any changes to the current lease are necessary for this to occur; in fact, these uses have always been part of the planning efforts for the development of the park and part of the lease agreement. We simply hope to extend the lease so that large donors might be more willing to invest in the enhancement of this public property. Understand how these uses fit into a nature park. The Vermont Garden Park is a 14 acre portion of 119 acre Wheeler Nature Park. The Wheeler Nature Park Management Plan and the LANDS report of 2009 provide an overview of five distinct management areas which are: 1. The Core Forest & White Pine Forest, 2. The Peripheral Forest, 3. Grasslands, 4. Shrublands, 5. Wetlands. NONE of these five Natural areas are identified as part of the 14 acre leased parcel. However, the document does describe the 14 acre parcel as "The Homestead." The Homestead Parcel is further described as part of the Nature Park management plan as follows: "The City's vision for this parcel has been to maintain it as a resource for the community to engage in activities" as indicated on page 18. In addition the Nature Park Management Plan describes "NGA having put into practice the City's vision of providing South Burlington residents a place to learn about and engage with a valuable natural resource in our own community by working with volunteers, local garden clubs, Master Gardeners and the University of Vermont". Keep in mind, that the term "Nature Park" in describing the grounds is relatively new. The Natural Resources Committee states in their Management Plan that"The term Nature Park best reflects the community's goal for the property." However the draft document also mentions that this plan"will serve as the first steps of outreach to the people of South Burlington, such that their vision for the parcel may also be shared and incorporated into the document", further suggesting a need from our South Burlington residents for their input and goals of the property. NGA is in agreement with the city for the management of the five core areas of the 105 acres of the Nature Park, We also believe the 14 acre homestead parcel and proposed gardens are in keeping with"The City's vision to maintain it as a resource for the community to engage in activities". In addition, it is important for the city council to understand the complete history of the parcel, including a bond vote in 1986 for the Acquisition of Park Land, (attached) for a"Concept for a City Park". The History of the Vermont Community Botanical Gardens (attached brochure) demonstrates that, even after the original Vermont Community Botanical Gardens non-profit organization folded, support for a smaller scale botanic garden continued with the creation of Vermont Garden Park. The concepts for the development of educational and display gardens have carried through from the VCBG lease into the NGA 2005 lease with the city(attached). Exhibit 'C' on page 17 of the lease indicates that both the National Gardening Association and the City of South Burlington will work with the local community to create the Vermont Garden Park. We are certain that NGA is meeting the goals set forth in both the 2005 lease agreement and the DRAFT Nature Park Management Plan of 2011. Understand in what ways,if any,would the public be restricted from using the property due to NGA activities. The public would not be restricted from using the property and buildings while an event is happening. The Children's Play& Learn Garden, other educational elements, as well as all other display gardens would still be open and available for public enjoyment. Furthermore, in addition to weddings and private planned events that would raise monies for the continued maintenance and administration of the park, the lawn and event space could be used for public events and enjoyment by South Burlington organizations and residents. It is important for the city council to understand that most of NGA's on-going activities take place within the building it rents, and the 14-acre Vermont Garden Park is currently host to a variety of other organizations including(but not limited to) community gardeners, garden clubs, master gardeners, youth at risk groups, Alzheimer's groups, the Root Center's hunger relief program, and local schools and colleges. The children's garden, display gardens, and general open space would be open to the public even if an event were taking place in the event area. This is in keeping with the goals of the lease agreement "to provide a park-like setting with open space, public gardens, and nature trails for all residents to enjoy," ensuring that public access is not be restricted. Understand the NGA's desire as to who makes decisions regarding the property and buildings. NGA currently makes decisions regarding the property and buildings. We seek City approval from appropriate offices or committees when required by our lease agreement or other city rules, regulations and ordinances. Our desire is for this to continue, in accordance with our lease agreement. It is important that our 501(c)3 non-profit organization remain clearly under its own managerial and financial authority. Understand NGA's long-range vision for grounds improvement and public usage. Our vision is to continue "development" and improvement of the 14 acres (as per our leasehold interests) to provide additional educational and display garden opportunities and improved access for the general public,whether residents of South Burlington or individuals visiting South Burlington, and in accordance with the vision of the lease. Understand how the City will benefit from this extension. The City will benefit from multiple perspectives. If NGA continues as the long-term caretaker of the property, improved and increased educational opportunities for area residents and visitors will be available, and increased traffic to South Burlington area businesses from event visitors frequenting local hotels, restaurants, gas stations and stores will occur. It is very important and in accordance with the lease agreement (pg 17) that"NGA and the City of South Burlington agree to collaborate with each other and other agencies to write grants and seek public and private funding to support the new gardens, programs and buildings on-site." The collaborative and good-faith efforts between the city and NGA to further the development of the 14-acre Vermont Garden Park in accordance with the lease will benefit both the South Burlington community and Vermont as a whole. Better understand the acreage be requested from NGA. NGA is not requesting additional acreage at this time,just a clear delineation of the boundaries of the14 acres we are leasing. The map of 14 acre footprint we have asked for consensus on has been provided to City staff and is also attached. At this point, we're leasing property the exact boundaries of which have yet to be defined. Understand the types of fund-raising activities are contemplated and whether alcohol will be available. As noted above, we plan to host events (weddings, receptions, meetings, etc.) for a fee to raise funds for ongoing development and maintenance of the leased grounds. Alcohol will likely be available at some events,but not all. Any event where alcohol will be served will be run by a licensed caterer and all necessary permits will be obtained. Hosting events on-site has always been a part of the concept for the park and in accordance with the lease agreement between NGA and the city. Sincerely, 7., Michael C. Metallo, President & CEO The National Gardening Association Email: mikem@garden.org Office: 802-863-5251 ext. 123 History of the Vermont Community Botanical Garden and the Vermont Garden Park The City of South Burlington's long-range plan for Dorset Park, called for balancing the growth of the nearby downtown district with an area of"open, quiet and beautiful space for residents to enjoy." The city wanted to partner with a non-profit organization that would move into and renovate the century old Calkins House,a 1903 brick farmhouse on 100 acres of land, and develop the land for passive recreation as a counterpoint to the active recreation area and ball fields across Swift Street. At the same time,the National Gardening Association was looking for a new home that would suit their needs for more space and demonstration gardens. The mission of the National Gardening Association (NGA) is to sustain and renew the fundamental links between people,plants and the earth. NGA is the nation's largest nonprofit organization devoted to gardening, gardening education, and education through gardening. In 1999,NGA and the City of South Burlington began talking about working together. At the time,the resulting agreement called for NGA to pay a reduced rent in exchange for renovating the building for office space. NGA completed work and moved into the building in the summer of 2000. To date,NGA has spent over$105,000 on the building renovations alone. During the 1999 discussions, the idea was floated of using some of the land around the building as public gardens. Conversations with community leaders and survey's from attendees to the Vermont Flower Show indicated widespread enthusiasm for a botanical garden. The idea of a botanical garden began to take shape following these efforts. Prior to the National Gardening Association's move to the facility, the first Master Plan was drawn in 1999 based on an Advisory Board's input as to the type of gardens that would be possible on the site. It called for using approximately 20 acres to create a garden. The decision was made to form a nonprofit corporation with a Board of Directors made up of representatives from the City of South Burlington,the National Gardening Association and the general Vermont community. In the spring of 2000,Vermont Community Botanical Garden, Inc. (VCBG)began offering memberships, and as of September 2001 there were over 360 members. During the winter of 2000-2001, VCBG began soliciting substantial public input in redesigning the gardens to fit the needs of the community. VCBG met with school administrators and teachers,youth groups, seniors, and others across the community and region to receive feedback on the types of programs that could be offered. These included specialty demonstration gardens,workshops, and access for the elderly and physically disabled. It was clear that the 20 acres"would be a place for gardeners to gather and it will create a park-like setting for everyone to enjoy gardens and nature while learning, eating lunch or walking". The State of Vermont had given the project a vote of confidence, awarding a$21,000 Community Development Block Grant for planning in 1999 and$40,000 through the House and Senate Institutions Committee for design and infrastructure work in 2001. The City was then ready to sign a long-term agreement with VCBG for use of the land to create the botanical garden. Early support received from the Friends of Lyman Wood helped renovate the Calkins Building for NGA's use. In 2001 VCBG completed a$200,000 Founder's Fund campaign to help create some gardens at the site, continue with the design work, and begin to prepare for a capital campaign to implement the Phase I plans for additional buildings and gardens. As we all know, in September 2001 the World Trade Center was attacked. As a result of the economic repercussions of the attack, shortly thereafter the funding efforts by the VCBG capital campaign began to fall apart. The elaborate plans and vision for the Vermont Community Botanical Gardens lost funding support and in 2002, after having raised$453,000 dollars in support of the project-and despite the considerable investments by members of the community,the VCBG organization folded and no longer exists today. However,the desire and vision to continue with the development of gardens by the city and community remained. The City of South Burlington approached the National Gardening Association,which at the time was only leasing the building,to see if NGA would consider an amended lease agreement to include the 20 acre parcel previously held by VCBG. In May, 2005 The National Gardening Association and the City of South Burlington completed a memorandum of the VCBG lease, dated October 21, 2002. The concept for the botanical gardens was never abandoned, rather carried through on a smaller scale into the 2005 NGA lease with modifications to scale down the scope and vision of the original VCBG plans. The new lease outlined realistic milestones, a reduction in acreage(from approximately 20 acres to 14), and a realistic timeline with a four-phased approach to the garden developments. Beginning in 2005,the National Gardening Association and the City of South Burlington agreed to work with the local community to create what became known as Vermont Garden Park. Since 2005,NGA has raised over$148,000 that has gone directly into this 14 acre project. In addition,NGA has incurred$100,000 in maintenance costs since 2006, and numerous volunteer organizations have donated over$45,000 during this same time period toward garden development, enhancements, and continued maintenance. Since NGA took over the VCBG lease agreement in 2005,the total amount incurred to date equals $398,000 from building improvements, site improvements,maintenance, and volunteer hours. This does not include the countless staff hours spent on site improvements and maintenance. As part of this mutual commitment(and in accordance with the lease)NGA has been working with other educational and volunteer groups to coordinate workshops and install and maintain gardens. As of 2011, these organizations, including the Master Gardener's program,Treeage, Garden Club,American Meadows,The Root Center, Center for Technology-Essex,UVM, Saint Michaels College, and yourfarmstand.com, along with numerous volunteers have been and will continue to be a great part of the success of the park. In fact,their contributions form the basis for an obvious model for the continued master plan development. By employing this model,NGA will continue to create shared value for both the numerous existing and proposed organizations that have an interest in furthering the development of the park. In addition,NGA has facilitated a phased series of site developments in conjunction with the City of South Burlington and local residents. These Garden and Site developments are outlined in four phased periods in accordance with the lease agreement(pgs 17-19). It is important to note that these four phases include commitments from both the National Gardening Association and the City of South Burlington. Phase 1: Garden& Site Development 2005-2008 (for details see lease agreement pgs 17-19) Phase 2: Garden& Site Development 2008-2010 Phase 3: Garden& Site Development 2010-2015 Phase 4: Garden& Site Development 2015-2020 The National Gardening Association has made significant progress toward meeting its goals for the Park. In 2010, as part of its commitment toward meeting the plan goals,the National Gardening Association arranged for Trudell Consulting Engineers to donate their services to provide a complete topographic and utility survey for the property. In addition,the natural resource areas were identified, including class 3 wetland regions, and existing property line data was confirmed. The results of the survey and property line plan included two parcels of land totaling 20.75 acres, consistent with the formal VCBG lease agreement; however,this is inconsistent with the current lease agreement with NGA of 14 acres. In the winter of 2010,NGA submitted plans to enhance a portion of their current leased area for the installation of a wind turbine located adjacent to the new tree house structure. This permit application has since been delayed. The City of South Burlington requested to meet with NGA and advised us that our 2005 lease was in question and that we had to renegotiate a new lease. Since this time, a number of incongruities were identified, which led NGA to request that the City formally identify the boundaries of the14 acre leased parcel . (Following a recent discussion with Paul Conner, Director of Planning,NGA has submitted a plan outlining a 14 acre area for the city's review and consistent with our current lease agreement and respectful with the Wheeler Nature Park Management Plan) Discussions began with the city in early 2011 regarding the lease agreement. NGA was amenable to negotiations with the city,knowing that our successes with the in-progress development of Vermont Garden Park,work of various volunteer organizations,and community outreach had been going very well since NGA took over the VCBG lease agreement. We were surprised to learn the City officials had very little appreciation for the legacy we'd begun. Discussions with the city have touched on various subjects as they relate to the current lease agreement such as: defining the boundaries of the 14 acre leased parcel, upgrading and moving the community gardens,upgrading the water service, and installation of a pf - e!1 driveway from the Swift Street Extension to the building. Additional discussions not pertaining to the current lease were also held concerning potentially increasing the 14 acre leased area back to the original 20.75 acres set-aside, and extending the lease agreement for a longer period of 50 to 100 years. )..._Unfortunately,NGA has found it most difficult to engage in frank discussions due to the lack of transparency on the part of the City, along with the heavy-handed approach taken by members of the City administration toward the National Gardening Association. In fact,many of our planning efforts have been stalled this past year precisely because our conversations have proved unproductive. NGA believes that moving forward with the development of the gardens as originally envisioned. respects the site's history and natural beauty,and is in the already approved best interest of South Burlington and greater Vermont. We have reviewed both the LANDS report of 2009, and the Draft Wheeler Nature Park Management Plan and are certain that the development of the gardens as originally planned supports the city's goals for the homestead parcel and passive recreation activities for South Burlington residents' enjoyment. The continued development of the NGA draft master plan concept is influenced by three key factors: 1. The current successful programs as described previously. 2. Previous iterations of the botanical garden concept,which garnered a history of community support ,both financial and emotional, since 1999, and has carried through into the current lease agreement for Vermont Garden Park. 3. A multidisciplinary approach to provide a broad range of engineering, landscape architecture, planning, environmental, and surveying services in support of both the development of gardens and conservation enhancements to the 14-acre Vermont Garden Park. All of these factors respect the foundation laid out by the LANDS report of 2009 and the Wheeler Nature Park Management plan that describes the"City's vision of providing South Burlington residents a place to learn about and engage with a valuable natural resource in our own community by working with volunteers, local garden clubs,Master Gardeners, Saint and the University of Vermont." We hope this information helps the City Council understand the documented history of Vermont Garden Park and our vision for moving forward with the continued development of this important amenity for our South Burlington residents. Sincerely, Michael C. Metallo,President&CEO The National Gardening Association Email: mikem@garden.org Office: 802-863-5251 ext. 123 AMENDED LEASE AGREEMENT THIS AMENDED LEASE AGREEMENT ("Agreement"), made this lS` day of May, 2005, is by and between NATIONAL GARDENING ASSOCIATION, INC., a Vermont nonprofit corporation with a place of business in South Burlington, Vermont, as lessee ("NGA"), and CITY OF SOUTH BURLINGTON, VERMONT, a municipal corporation, as lessor ("City"). WHEREAS, the City, as lessor, and Vei uiont Community Botanical Gardens, Inc. ("VCBG"), as lessee, were parties to a certain lease dated October 21, 2002, with the leased premises being a portion of the City's property located on Dorset Street, in the City of South Burlington known as Calkin Farm (the "VCBG Lease"); and WHEREAS, a Memorandum of Lease for the VCBG Lease, dated October 21, 2002, was recorded at Volume 572, Page 484 of the City of South Burlington Land Records; and WHEREAS, NGA was a sub lessee of VCBG pursuant to Article 21 of the VCBG Lease; and WHEREAS, pursuant to Article 21 of the VCBG Lease and by Assignment of Lease Agreement dated May 1, 2005 and recorded in Volume , Page of the City of South Burlington Land Records, VCBG has assigned its interest n and to said VCBG Lease to NGA and NGA has accepted and assumed all of the obligations of VCBG under the VCBG Lease; and WHEREAS, the City and NGA desire to enter into an Amended Lease Agreement, which shall amend and supersede the teiuis and provisions of the VCBG Lease and which terms and provisions are more specifically set forth herein; NOW THEREFORE, in consideration of the mutual promises, covenants, rent, agreements and conditions contained in this Agreement, the City agrees to lease to NGA the property in South Burlington described below for the purpose of developing a garden park and plant based education facility. 1. Description of Premises, Demise. a. The City is the owner of a parcel of land located on Dorset Street in the City of South Burlington, Vermont, comprised of approximately 100 acres and known as Calkin Farm. The City hereby leases to NGA, and NGA hereby leases from the City, upon and subject to the terms and provisions of this lease, approximately 14 acres of said Calkin Farm property, as depicted on Exhibit A (the "Property"). NGA shall cause the Property to be surveyed, and upon completion of the survey, NGA shall prepare a legal description of the Property to supplement Exhibit A to this Agreement. The City shall provide such access and cooperation as is reasonably necessary to conduct such survey. b. The Property is currently improved with a three story brick building known as Calkin House that has been converted to office space. NGA shall construct on the Property a garden park, additional office and meeting space that may incorporate and alter the Calkin House, parking areas and other site improvements in several phases as described on Exhibit B (the "Site Improvements"). The Site Improvements and the Calkin House are referred to in 1 this Agreement as the "Facilities." The Facilities and the Property are referred to in this Agreement as the "Premises." c. The City agrees to lease the Property to NGA, and NGA agrees to rent the Property from the City, upon the terms and conditions set forth in this Agreement. 2. Term of Lease. a. The Property shall be leased to NGA, subject to all of the terms and conditions set forth in this Agreement, for an initial term of twenty (20) years commencing with the date of execution of this Agreement (the "Commencement Date"). b. Upon expiration of the initial tat in, NGA and the City shall act in good faith to negotiate a 20-year renewal of this Lease Agreement, or the execution of a new lease for the Property, provided both parties are interested in continuing the lease of the Property. c. It is a condition of the obligations of NGA under this Agreement that each of the garden and site development milestones described on Exhibit C is met in all material respects on or before the corresponding date specified on Exhibit C. In the event that any of said milestones is not met, NGA shall so notify the City in writing, then the City shall have the right to terminate this Agreement by written notice to NGA within thirty (30) days following such notice; provided, however, that, notwithstanding anything to the contrary contained in this Agreement: (i) each of the garden and site development milestone dates set forth on Exhibit C shall be extended in the event of an occurrence of Force Majeure, as hereinafter defined; and (ii) said right of the City to terminate this Agreement shall cease upon expiration of said thirty (30) day period after notice from NGA. d. The "Lease Term" means the term of the lease under this Agreement, including any extension terms. e. Notwithstanding anything to the contrary contained in this Agreement, NGA shall have the right to terminate this Agreement by giving ninety (90) days prior written notice to the City, such termination to be effective upon the expiration of said ninety (90) day notice period. 3. Representations, Warranties and Covenants. a. The City represents, warrants and covenants as follows: i. The City has the full power, right and authority to enter into this Agreement and to perform all of its obligations under this Agreement and to execute and deliver all documents required by this Agreement, and neither this Agreement nor the transactions contemplated hereby constitute a violation or breach of the City's obligations under any law or contract. ii. The City has good and marketable title to the Property subject only to the encumbrances set forth in Exhibit A attached hereto. 7 iii. There are no litigation or proceedings pending, or to the City's knowledge threatened, against or relating to the Property. b. NGA represents, warrants and covenants as follows: i. NGA has the full power, right and authority to enter into this Agreement and to perform all of its obligations under this Agreement and to execute and deliver all documents required by this Agreement, and neither this Agreement nor the transactions contemplated hereby constitute a violation or breach of NGA's obligations under any law or contract. 4. Rental Payment. NGA covenants and agrees to pay the City, beginning on the Commencement Date, and continuing through the initial Lease Term, rent at a rate of one dollar ($1.00) per year. NGA shall pay the rent, in advance, commencing on the Commencement Date and continuing on each anniversary of the Commencement Date. 5. Other Financial Responsibilities. It is the intent of the City and NGA that beginning on the Commencement Date and continuing during the Lease Term, all costs associated with the operation and maintenance of the Premises, including without limitation the costs set forth below, shall be allocated between the City and NGA as follows: a. Financial Responsibilities of the City. The City agrees not to levy any property taxes or other municipal charges and assessments against the Premises except for customary utility charges; provided, however, that should the State of Vermont require that the City include the Premises, or any portion thereof, on the City's so-called educational grand list for purposes of calculating amounts to be assessed under Act 60 or Act 68, then the City shall be permitted to assess NGA an amount equal to the educational tax attributable to the Premises which is required to be paid pursuant to Act 60 or Act 68; b. Financial Responsibilities of NGA. i. NGA shall pay all costs of utility services including without limitation charges for electricity, gas, telephone, cable television and water and sewer service to the Premises directly to the entity providing such services. NGA shall pay any penalties assessed for late payment of such bills and shall reimburse the City for any bills the City may pay due to NGA's failure to do so. ii. NGA shall pay the cost of all insurance required as described in section 8 hereof; iii. NGA shall pay all costs for cleaning, repair and replacement of interior and exterior wall surfaces, floor surfaces, ceiling surfaces, the roof, windows, doors, electrical, plumbing, mechanical and heating, ventilating and air conditioning systems, furniture, fixtures, and hardware in the Facilities. 3 6. Use and Operation. a. The Premises shall be used primarily as a garden park and related plant based education facilities that will be open to the general public and secondarily as office space for NGA so long as NGA obtains and maintains all necessary licenses and permits. However, nothing in this Agreement shall prohibit the use of the Premises for other activities provided that all appropriate City, state and federal permits and approvals are obtained in advance. b. The Premises shall not be used for any illegal purpose, nor in violation of any valid regulation of any governmental body, nor in any manner to create nuisance or trespass, nor in any manner to invalidate the insurance or increase the rate of insurance on the Premises. c. Mechanic's and Materialmen's Liens: NGA shall keep the fee estate of the Premises free and clear from all mechanic's and materialmen's liens and other liens for labor done, services performed, materials contributed, used or furnished in or about the Premises, for or in connection with any operation of NGA, or any alteration, improvement, repair or addition which NGA may make or permit or cause to be made on or about the Lease Premises. If such a lien is filed against the fee estate of City, NGA shall, upon City's demand, immediately escrow suitable money or provide other means of surety sufficient to obtain the discharge of said lien. 7. Construction of Site Improvements. a. NGA has furnished the City with copies of the plans and specifications identified on Exhibit B (together, the "Plans"). NGA shall construct the Site Improvements depicted on the Plans substantially in accordance with the Plans (as such Plans may be amended from time to time) and all applicable permits and federal, state and local laws, rules, regulations, ordinances and approvals. b. The parties recognize that it is possible that NGA will modify the Plans in the course of constructing the Facilities and may wish to alter the Facilities after they are constructed. So long as such modifications or alterations relate solely to changes in design of the gardens, landscaping and unpaved areas of the Property, NGA shall have no obligation to seek the City's approval of the modifications or alterations. In addition, NGA may make additional modifications and alterations to City property without seeking the City's approval as long as the cost of same does not exceed $10,000. c. In the event that NGA wishes to make a modification to the Plans or an alteration of the Facilities not permitted under section 7(b), the parties shall proceed as follows: i. NGA shall request in writing, by submitting copies of schematic design plans, the City's approval of the design or construction of the Facilities or any 4 modification, replacement, alteration or addition thereto requiring consent under this Agreement. ii. The City's approval shall not be unreasonably withheld, conditioned or delayed. Approvals shall be deemed given unless the City shall notify NGA in writing within sixty (60) days of the written request thereof, stating the reasons for withholding such approval. NGA shall, upon receipt of the City's reasonable disapproval, modify the schematic plans taking into account the City's objections, and resubmit such revised schematic plans for approval by the City in accordance with this paragraph. Such process of submittal, review and comment by the City, and resubmittal by NGA, shall continue until such time as the schematic plans have been approved by the City. d. Notwithstanding Section 7(b) of this Agreement, all building permits and other penults, licenses, permissions, consents and approvals required to be obtained from the City's Development Review Board, other governmental agencies or third parties in connection with the construction of the Facilities and any subsequent improvements, repairs, replacement or renewals to the Premises shall be acquired as required by applicable laws, ordinances or regulations by and at the sole cost of NGA. The City agrees to use reasonable efforts to assist NGA in obtaining such permits and approvals. e. During the Lease Term, the Site Improvements (other than the Calkin House), including without limitation, all additions, alterations and improvements thereto or replacements thereof and all appurtenant fixtures, machinery and equipment installed therein shall be the property of NGA. Title to the Property (Calkin House,) as it exists on the date of this Agreement, shall remain with the City. At the expiration or earlier termination of the Lease Term, the Site Improvements and all additions, alterations and improvements thereto or replacements thereof and all appurtenant fixtures, machinery and equipment installed therein shall become the property of the City, except that NGA may remove its personal property, trade fixtures and equipment that are susceptible of being removed from the Facilities without material injury to the Facilities. NGA shall promptly cause, at the NGA's expense, the prompt repair, in a good and workmanlike manner, of any material injury to the Facilities caused by any such removal. S. Insurance. a. NGA shall provide on or before the Commencement Date and keep in force during the Lease Term the following insurance: i. General liability insurance with respect to the Premises including personal injury and other medical payment coverage on an occurrence basis with minimum limits of liability in the amount of$1,000,000 per occurrence and $2,000,000 aggregate for bodily injury, and $2,000,000 with respect to loss or damage to property. Such policies and renewals thereof shall name the City as an additional insured - non- contributory and primary. 5 ii. Property insurance covering basic and special perils, in an amount equal to the replacement value of the Facilities, exclusive of foundations, landscaping and gardens. Such policies and renewals thereof shall name the City as an additional insured - non-contributory and primary. iii. Adequate insurance for loss of personal property, trade fixtures and equipment or other property of NGA. iv. Builder's risk insurance for the period commencing on the commencement of construction of any Facilities and continuing until the completion of such construction. v. Workers' compensation coverage for all NGA employees working on the Premises. b. NGA shall provide the City with certificates of insurance and/or policies. All insurance policies shall be issued by insurance companies licensed to do business in the State of Valmont, and shall otherwise be reasonably acceptable to both parties. 9, Maintenance and Repair Obligations. Except to the extent caused by ordinary wear and tear, casualty, condemnation and obsolescence, NGA shall take good care of the Facilities and perform, at its own cost and expense, all replacement, maintenance, repair, and upkeep of the Facilities including, without limitation, trash and snow removal. City and its designees shall have the right to enter upon the Premises at all reasonable hours for the purpose of inspecting or making repairs to the same. If repairs are required to be made by NGA pursuant to the terms hereof, City may demand that NGA make the same forthwith, and if NGA refuses or neglects to commence such repairs and complete same with reasonable dispatch, after such demand, City may (but shall not be required to do so) make or cause such repairs to be made and shall not be responsible to NGA for any loss or damage that may accrue to its stock or business by reason thereof. If City makes or causes such repairs to be made, NGA agrees that it will forthwith, on demand, pay to City the cost thereof, and if it shall default in such payment, City shall have such rights to remedy the default, utilizing those remedies provided herein. 10. Force Majeure. During the Lease Term, NGA and the City shall not be required to perfoiiii any term, condition, or covenant in this Agreement so long as such performance is delayed or prevented by extended and unusual inclement weather, fire, explosion, casualties or accidents, failure of transportation facilities, acts of God, epidemics, cyclones, floods, drought, or by reason of war, declared or undeclared revolution, civil commotion or strife, acts of public enemies, blockade or embargo, or by reason of any new law, proclamation, regulation, ordinance or demand by any government authority, inability to procure materials for constructing the Facilities for which there is no suitable replacement, failure to obtain, after exercising reasonably diligent efforts, necessary governmental permits, authorizations and approvals and any other cause not reasonably within the control of the City or NGA and which, even with the exercise of due diligence, the City or NGA is unable, wholly or in part to prevent or overcome (collectively, a "Force Majeure"). 6 11. Ouiet Enjoyment. The City agrees that NGA upon paying the rent and complying with the provisions of this Agreement, shall peaceably and quietly have, hold, occupy and enjoy the Premises for the Lease Term without hindrance by the City, or anyone claiming through the City. 12. Hazardous Materials. a. NGA shall not use, transport, store, dispose of or in any manner deal with hazardous materials on the Premises, except in compliance with all applicable federal, state and local laws, ordinances, rules and regulations. The term "hazardous materials" as used in this Agreement shall include, without limitation, gasoline, petroleum products, explosives, radioactive materials, or any other substance or materials defined as a hazardous or toxic substance or material by any federal, state or local law, ordinance, rule or regulation. b. The City unconditionally and irrevocably indemnifies and agrees to defend and hold harmless NGA and its officers, employees, agents, contractors and those claiming by, through or under NGA, from and against all loss, cost and expense (including reasonable attorneys' fees) of whatever nature suffered or incurred by NGA, but not caused by NGA or its directors, officers, employees, agents, representatives or sublesses, on account of the existence at or on the Property, or the release or discharge at, on, from or to the Property, prior to December 1, 1999, of any hazardous material, including any claims, costs, losses, liabilities and expenses arising from the violation (or claimed violation) of any law, rule, regulation or ordinance or the institution of any action by any party against the City, NGA or the Property based upon nuisance, negligence or other tort theory alleging liability due to the improper generation, storage, disposal, removal, transportation or treatment of any hazardous material or the imposition of a lien on any part of the Property under any law pursuant to which a lien or liability may be imposed on NGA due to the existence of any hazardous material. The City unconditionally and irrevocably guarantees the payment of any fees and expenses incurred by NGA in enforcing the liability of the City and this indemnification should NGA prevail in such action. If any investigation or monitoring of site conditions or any clean-up, containment, restoration, removal or other remedial work is required under any applicable federal, state or local law, rule, regulation or ordinance, by any judicial order, or by any governmental entity, or in order to comply with any agreements affecting the Property (collectively, the "Remedial Work") because of, or in connection with, any occurrence or event covered by the indemnity set forth in this section 12.b., the City shall either perform or cause to be performed the Remedial Work in compliance with such law, regulation, order or agreement, or shall promptly reimburse NGA for the cost of such Remedial Work. If the City elects to perform the Remedial Work, all Remedial Work shall be performed by one or more contractors selected by the City and under the supervision of a consulting engineer, selected by the City. All costs and expenses of such Remedial Work shall be paid either directly, or in the form of reimbursement to NGA, by the City including without limitation, the charges of such contractor(s) and the consulting engineer. If the City shall fail to timely commence, or cause to be commenced, or fail to diligently prosecute to completion, such Remedial Work, NGA may cause such Remedial Work to be performed, and all costs and expenses thereof, or incurred in connection therewith, shall be covered by the indemnity set forth in this 7 section 12.b. All such costs and expenses shall be due and payable upon demand therefor by NGA. c. NGA unconditionally and irrevocably indemnifies and agrees to defend and hold harmless the City and its officers, employees, agents, contractors and those claiming by, through or under the City, from and against all loss, cost and expense (including reasonable attorneys' fees) of whatever nature suffered or incurred by the City, but not caused by the City or its employees, officers, agents, representatives or sublessees, on account of the existence at or on the Property, such existence being caused by NGA or its directors, officers, employees, agents, representatives or sublessees, or the release or discharge by NGA or its directors, officers, employees, agents, representatives or sublessees at, on, from or to the Property, during the Lease Term, of any hazardous material, including any claims, costs, losses, liabilities and expenses arising from the violation (or claimed violation) of any law, rule, regulation or ordinance or the institution of any action by any party against NGA, the City or the Property based upon nuisance, negligence or other tort theory alleging liability due to the improper generation, storage, disposal, removal, transportation or treatment of any such hazardous material or the imposition of a lien on any part of the Property under any law pursuant to which a lien or liability may be imposed on the City due to the existence of any such hazardous material. NGA unconditionally and irrevocably guarantees the payment of any reasonable fees and expenses incurred 'oy the City in enforcing the liability of NGA and this indemnification should the City prevail in such action. If any Remedial Work is required because of, or in connection with, any occurrence of an event covered by the indemnity set forth in this section 12.c., NGA shall either perform or cause to be performed the Remedial Work in compliance with the applicable law, regulation, order or agreement, or shall promptly reimburse the City for the cost of such Remedial Work. If NGA elects to perform the Remedial Work, all Remedial Work shall be performed by one or more contractors selected by NGA and reasonably approved in advance in writing by the City and under the supervision of a consulting engineer, selected by NGA and reasonably approved in advance in writing by the City. Otherwise, the City shall select the contractor(s) and the consulting engineer. All costs and expenses of such Remedial Work shall be paid either directly, or in the form of reimbursement to the City, by NGA including without limitation, the charges of such contractor(s) and the consulting engineer, and the City's reasonable attorneys' fees and costs incurred in connection with monitoring or review of such Remedial Work. If NGA shall fail to timely commence, or cause to be commenced, or fail to diligently prosecute to completion, such Remedial Work, the City may cause such Remedial Work to be performed, and all costs and expenses thereof, or incurred in connection therewith, shall be covered by the indemnity set forth in this section 12.c. All such costs and expenses shall be due and payable upon demand therefor by the City. d. The obligations of the City and NGA under this section 12 shall survive the termination of this Agreement. 8 13. Fire and Other Casualty. a. If the Premises are destroyed or damaged by fire or other casualty and the cost of repair and restoration is fully covered by the insurance required in section 8 (except for any applicable deductible), then NGA shall promptly repair and restore same to substantially the condition in which they were immediately prior to the occurrence of such casualty, and NGA shall make the proceeds of such insurance available to pay the cost of such restoration and repair; provided, however, that the parties understand and agree that the botanical gardens and other landscaping may be restored to a condition acceptable to NGA, as determined in its sole discretion, and need not be in substantially the same condition as immediately prior to the occurrence of such casualty. If NGA does not complete said repair and restoration within one hundred eighty (180) days from the date of said casualty, then the City may terminate this Agreement retroactive to the date of casualty by notice to NGA; provided, however, that with respect to repairing and restoring the botanical gardens and other landscaping, NGA shall have three hundred sixty-five (365) days to complete such repair and such restoration. If NGA does not elect to restore the Premises, NGA shall pay all costs for the removal of that portion of the Facilities that are damaged or destroyed. b. If the Premises are damaged or destroyed by casualty not fully covered by the insurance required in section 8, NGA may, if it so elects, repair and restore same to substantially the condition in which they were immediately prior to the occurrence of such casualty, using the proceeds of such insurance; provided, however, that the parties understand and agree that the botanical gardens and other landscaping may be restored to a condition acceptable to NGA, as determined in its sole discretion, and need not be in substantially the same condition as immediately prior to the occurrence of such casualty. NGA shall notify the City of its decision to restore the Premises within thirty (30) days after the date of the casualty, and upon failure of NGA to provide such notice, it is conclusively presumed that it elected not to restore the Premises. If NGA does not elect to restore the Premises, or if NGA elects to restore the Premises and it does not restore same within one hundred eighty (180) days from the date of the casualty, then the City may terminate this Agreement retroactive to the date of casualty by notice to NGA; provided, however, that with respect to repairing and restoring the botanical gardens and other landscaping, NGA shall have three hundred sixty-five (365) days to complete such repair and such restoration. If NGA does not elect to restore the Premises, NGA shall pay all costs for the removal of that portion of the Facilities that are damaged or destroyed. c. Termination of this Agreement in accordance with the foregoing provisions shall not prejudice the rights and remedies of the City and NGA under this Agreement prior to such termination. 14. Eminent Domain. During the tee in of this Agreement, if the whole of the Premises or such portion of which if removed would materially adversely affect NGA's use and enjoyment of the Premises is taken in a condemnation proceeding or by any right of eminent domain, this Agreement shall terminate on the date of such taking. Damages awarded in compensation for any taking in condemnation or eminent domain with respect to the value of 9 the Property and the Facilities shall be applied first to repay any mortgagee of NGA for the outstanding balance of principal and interest owed by NGA for financing of the cost of developing, acquiring and constructing the Facilities. Any remaining balance awarded with respect to the Property and the Facilities shall be apportioned between the City and NGA on the basis of the relative values of the City's and NGA's interests in the Premises, including without limitation NGA's leasehold interest and the value of the botanical gardens. Any such damages with respect to NGA's furniture, fixtures and equipment shall be payable to NGA. 15. Signs. NGA shall have the right to affix or otherwise display on any part of the Premises any sign, advertisement or notice that is in accordance with any approvals required under the City's Sign Ordinance, and any other applicable regulation, statutes or laws. 16. Default after Occupancy. a. It is covenanted and agreed that if NGA shall neglect or fail to perfoint or observe any of the covenants, terms, provisions or conditions contained in these presents on its part to be performed or observed within thirty (30) days after notice of default, or such additional time as is reasonably required to correct any such default, or if the estate hereby created shall be taken on execution or by other process of law, or if NGA shall be judicially declared bankrupt or insolvent according to law, or if any assignment shall be made of the property of NGA for the benefit of creditors, or if a receiver, guardian, conservator, trustee in involuntary bankruptcy or other similar office shall be appointed to take charge of all or any substantial part of NGA's property by a court of competent jurisdiction, or if a petition shall be filed for the reorganization of NGA under any provisions of the Bankruptcy Act now or hereafter enacted, and such proceeding is not dismissed within sixty (60) days after it is begun, or if NGA shall file a petition for such reorganization, or for arrangements under any provisions of the Bankruptcy Act now or hereafter enacted, and providing a plan for a debtor to settle, satisfy or extend the time for payment of debts - then, and in any said cases (notwithstanding any license of any former breach of covenant or waiver of the benefit hereof or consent in a former instance), City lawfully may, in addition to any remedies otherwise available to City, immediately or at any time thereafter, and without demand or notice, enter into and upon the said Premises or any part thereof in the name of the whole and repossess the same, and expel NGA and those claiming through and under it and remove its or their effects (forcibly if necessary) without being deemed guilty of any manner of trespass, and without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenant and/or City may send written notice to NGA terminating the term of this Lease; and upon the first to occur of(a) entry as aforesaid, or (b) the fifth (5th) day following mailing of such notice of termination, the term of this Lease shall teiiiiinate. 10 b. In the event the City fails to satisfy any of its obligations under this Agreement, NGA shall notify the City, in writing, of such failure, and the City shall have a period of thirty (30) days to cure the same. The City acknowledges that damages arising from the City's failure to satisfy its obligations under this Agreement may be difficult to ascertain. Consequently, if the City fails to cure any failure to satisfy its obligations under this Agreement within said thirty (30) day period, NGA shall be entitled to injunctive relief, including without limitation specific performance or, at NGA's election, NGA may terminate this Agreement by written notice to the City, such notice to be effective only after the City has received written notice and time to cure the default as set forth above. Nothing contained in this Agreement shall be construed to prohibit NGA from pursuing any and all other legal or equitable remedies available to NGA for such failure of the City to satisfy its obligations under this Agreement. 17. Liability and Indemnification. NGA shall indemnify the City and save the City harmless from suits, actions, damages, liability and expenses arising from or out of or caused by the construction and use or occupancy of the Premises or any part thereof or any act or omission of NGA, its agents, contractors, employees, servants, invitees, licensees, sublessees or concessionaires, unless caused by acts or omissions on the part of, or breach of this Agreement by the City, its agents, contractors, employees, servants, invitees, licensees, or concessionaires, and the City shall indemnify NGA and save NGA harmless from such suits, actions, damages, liability and expense arising out of or caused by such breach, act or omission. 18. Attorneys' Fees . In the event either party institutes legal proceedings against the other for breach of or default under any of the teiins, conditions, or covenants of this Agreement, the party against whom a judgment is entered shall pay all costs, charges, and expenses relative thereto, including reasonable attorneys' fees of the prevailing party. 19. Successors and Assigns. All rights and liabilities herein given to, or imposed upon, the respective parties hereto shall extend to and bind the several respective successors and permitted assigns of the parties. 20. Non-Waiver. No failure by either party to insist upon the strict performance of any term hereof or to exercise any right, power, or remedy consequent upon a breach thereof, and no acceptance of full or partial rent during the continuance of any such breach, shall constitute a waiver of any breach of any such term. No waiver of any breach shall affect or alter this Agreement, which shall continue in full force and effect, or the rights of either party with respect to any other existing or subsequent breach. 21. Assignment; Subletting. NGA shall not assign this Agreement or any interest hereunder, or sublet all or a portion of the Facilities, without prior written approval of the City. 22. Severability. It is the intention of the parties hereto that if any provision of this Agreement is capable of two constructions, one which would render the provision valid, then the provision shall have the meaning which renders it valid. If any term or provision or any portion thereof of this Agreement, or the application thereof to any person or circumstances, shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the 11 • application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 23. Entire Agreement, Applicable Law. This Amended Lease Agreement amends and supersedes all prior agreements between the parties hereto including, without limitation, the VCBG Lease Agreement, dated October 21, 2002, as assigned to NGA by Assignment of Lease dated May 1, 2005 and recorded in Volume _, Page of the City of South Burlington Land Records. This Agreement, with any exhibits and riders attached hereto, contains the entire agreement of the parties and no representations, inducements, promises or agreements not embodied herein shall be of any force or effect, unless the same are in writing and signed by or on behalf of the party to be charged. The captions of particular sections are inserted as a matter of convenience and in no way affect or define the scope or intent of this Agreement or any provision thereof. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Vermont without reference to its principals of conflicts of laws. 24. Captions. The captions and numbers appearing herein are inserted only as a matter of convenience and are not intended to define, limit, construe, or describe the scope or intent of any section or paragraph, nor in any way affect this Agreement. 25. Notices. Any notice required to be given by the terms of this Agreement shall be deemed duly served if sent by certified mail, return receipt requested, to the following addresses: If to the City: City of South Burlington 575 Dorset Street South Burlington, VT 05403 Attn: City Manager If to NGA: National Gardening Association , Inc. 1100 Dorset Street South Burlington, VT 05403 Attn: Executive Director 26. Recording. The City and NGA agree that this Agreement shall not be recorded. A memorandum of lease in recordable form providing the information required by statute shall be executed, acknowledged and recorded by the parties. 27. Estoppel. From time to time upon no less than fifteen (15) business days' prior written notice, the City shall execute, acknowledge and deliver to NGA and any designee of NGA a written statement certifying: (a) that this Agreement is unmodified and in full force and effect (or that this Agreement is in full force and effect as modified and stating the modifications); (b) the dates to which rent and any other charges have been paid; (c) that the 12 City, and to the knowledge of the City, NGA is not in default in the performance of any obligation (or specifying the nature of any default); (d) the address to which notices are to be sent; and (e) such other matters of a factual nature concerning the status of the Agreement as NGA may request. Any such statement may be relied upon by any lender of NGA. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, as of the date first above-written. IN PRESENCE OF: THE CITY OF SOUTH BURLINGTON B Witness Duly authorized agent NATIONAL GARDENING ASSOCIATION, INC. By: — Witness Duly authorized agent STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington in said County and State, this day of May, 2005, personally appeared Charles Hafter, City Manager, Duly Authorized Agent of The City of South Burlington, and he acknowledged the foregoing 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: 13 STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington in said County and State, this day of May, 2005, personally appeared { ,_ L ,(`,_Duly Authorized Agent of National Gardening Association, Inc., and he/she acknowledged the foregoing instrument, by him/her sealed and subscribed, to be his/her free act and deed and the free act and deed of National Gardening Association, Inc. Before me '� _ � - Notary Public J , My commission expires: l r I t%- 14 EXHIBIT A Legal Description of Property Being fourteen 14 acres, more or less, of a one hundred (100) acre parcel of land owned by the City of South Burlington, known as Calkins Farm, located on the easterly side of Dorset Street in the City of South Burlington, Vermont (the "Leased Property"). Said Leased Property is more specifically depicted on the attached plan, which is a mark-up revision of a plan entitled "Subdivision Survey Plat, City of South Burlington, Fonder Calkins Property" prepared by Summit Engineering, LLC, dated September 27, 2002 and recorded in Volume 495, Page 176 of the City of South Burlington Land Records. Being a portion of lands and premises conveyed to the City of South Burlington by Warranty Deed of Rena E. Calkins, dated July 21, 1992 and recorded in Volume 327, Page 363 of said Land Records. Reference is hereby made to the above referenced instr'ame:its, the records thereof and the reference9 therein contained, all in further aid of this description. 15 EXHIBIT B Description of Facilities and Identification of Plans (Reference attached conceptual drawing) 16 ...I . . U--1-a0., 4 •-:s, f.,..... i ' ' :. 1 c. - 1 I "1 ".';‘, 'VOW t0 g ! , / ,:4'.,..•-,..- . / , .• I 4 -I I ;'43 / c4t 1,6.1 s-' 1 / .' — ul,...4z..-, — — — — -- — — — ' • le-iso :ketkat.: v. i ct ,1 ) r------; ....1 E. . i. 1 . f k \ gl: I1, . 1 :`,... . 1 1 ... .... 1 ' ': r i 1 —A I e--- , , „_ ..........., .,...„ .... , ,) .s. , L.......,4, .,......., ..., "1 .."‘ =',1-- •1 1 i'''"? I i 0 , • ,,, . , . : 0 CI-NA)IA L...ils ".4 cv•s.s:. () c,1,00- Etto04e,=0“..., ry, ifitv./e. $.14- ipl., c...4:1,-,,,,p.4 vs„,•.$up : 6 ARO ENS I ..........alwassare•i6 i • te.3 N'ott,-tIsficVs,s4 issuDeii.v..;w4 ii,r.-..;z-r., CD A I yy, cp.„.. 1 i k... 6.-4,-A•es4,4 , t 1 13 1 I rics 1 (AI I I 19-'.51 a lAde-r 'AP+LC li.2 ti,,i ,......,—, .... ........- (ST?) ck,1,,44 4. Lie n i 4As PIC!tea:(.- ‘tq 1 kiatil 4.4 1 fly...9 f;4s.40... 6 001041,1.4 h;1 0.--0 ti. iCI 4 4' erf .....''..s...4*..s.c it. 1'u.i..),c,-.. ', 42 etA LO tyvc it-,‘,11 b 1 AP Co LC 41e dLtS%9 Ad; St si ti I e Z t°C-C..2- ect".13 1 12,fc-ef..-0 EXHIBIT C Over the next 20 years the National Gardening Association and the City of South Burlington will work with the local community to create the Vermont Garden Park. This land at the corners of Dorset and Swift Streets in South Burlington will provide a park- like setting with open space, public gardens, and nature trails for all residents to enjoy. It will also be the national headquarters of the National Gardening Association who will steward the Garden Park's development. NGA will facilitate the following site developments in conjunction with the City of South Burlington and local residents. We will accelerate the plans and timeline based on the ability to generate funds. Therefore, while we recognize that gardens and buildings may be built on the land sooner than outlined, this document is the baseline NGA commits to achieving. As part of this mutual commitment NGA will work with other educational and volunteer groups to coordinate workshops and install and maintain gardens. NGA and the City of South Burlington agree to collaborate with each other and other agencies to write grants and seek public and private funding to support the new gardens, programs and buildings on-site. Garden & Site Development: 2005-2008 Master Plan: NGA will revise the original Master Plan for the site to reflect the changes in the proposed gardens, and buildings, and the extended garden development timeline. Maintain Existing Gardens: NGA will maintain the existing gardens (Butterfly Garden, American Cottage Garden, Grandma/Grandpa's Heirloom Garden, Woodland Beim, All America Selections Gardens, Annual/Perennial Border Garden, and Wildflower Meadow). New Demonstration Gardens: NGA will add 2 new gardens by 2008. Possible gardens include a Kid's Grass Maze, Medicinal Plant Garden, or Pollinator's Garden. Garden Map & Brochure: NGA will create a Garden Map & Brochure illustrating the gardens, hiking trails, future plans, and organization. South Burlington Community Garden: NGA will continue to coordinate the South Burlington Community Garden. We will improve the soil with annual additions of compost, cover crops, soil amendments, create a neater compost pile area, and more defined pathways. Site Signage: NGA will work with the City of South Burlington to improve the signage on the site. We will construct better signs at the entrance at 1100 Dorset Street and stop signs on the bike path at the entrance to avoid accidents. 17 Education: NGA will begin public education events/festivals on-site. We will hold one large public event each year to increase the visibility of the site. We will also start holding smaller classes for kids perhaps in conjunction with the South Burlington Parks and Recreation Department. Adult classes such as guided naturalist's walks and hands-on horticulture classes will be offered in conjunction with other horticultural groups such as Master Gardeners, the Intervale, and the Burlington Garden Club. Garden & Site Development: 2008-2010 New Demonstration Gardens: NGA will construct the 10`h public garden on site by 2010. Possible gardens include a Rose Garden, Garden to Attract Birds, and Ornamental Grass Garden. Nature Trails: NGA will investigate partnerships with area schools, such as the University of Vermont, to improve signage along the miles of hiking trails on-site with the goal of constructing a self-guided, interpretive walk for hikers. We already have registered the land with the National Wildlife Federation as a wildlife habitat. Arboretum/Windbreak: NGA will construct a woody plant windbreak along the south edge of the leased property to provide a "living fence" and windbreak for plants and people in the gardens. Garden & Site Development: 2010-2015 New Demonstration Gardens: NGA will construct the 11th public garden on site by 2015. Possible gardens include a Water Garden or Special Events Garden. Parking: We will work with the City of South Burlington to create a new public parking lot on the north side of the Calkins' Building and have public access to NGA and the site from Swift Street. The City will provide labor and machinery for the construction of a new driveway off from Swift Street and parking area for the new Community Garden site, north-northeast of the Calkin's house, as indicated on addendum A. Costs associated with these improvements shall be at a cost reasonable and customary, at the time of installation, for a project of this nature. Once this new driveway is constructed, the entrance on Dorset Street will be limited to an"in-only" access. Prior to and in order to begin construction,NGA will provide a determination that all state and local permits can be obtained, including a wetlands Conditional Use Determination, if necessary, affirmative recommendation by the City's Natural Resource Committee, and review/approval of the City's Design Review Board. The City, as a co- applicant, will use it best efforts in assisting NGA with its application before the DRB. South Burlington Community Garden: Once the parking has been moved,NGA will work with the City to move the community gardens to a location near the new parking 18 • . lot. NGA will work to prep the site beforehand with additions of compost and other soil amendments. We envision this garden to be functional and attractive perhaps with a fence and flowers bordering it. The City of South Burlington will provide the labor and machinery for grading of the community garden site, if needed, and will use its best efforts to provide potable water supply to the new Community Gardens location, at a cost reasonable and customary, at the time of installation, for a project of this nature. Garden & Site Development: 2015-2020 Barn/Education Center: In tune with the rich agricultural history of the land, NGA will construct or move an existing barn, or barn-like structure, on-site.We envision this multi- use structure would house public events, workshops, classes, equipment, and have an attached demonstration greenhouse to be enjoyed by area residents in winter. Any new buildings to be constructed as outlined in Exhibit B, particularly the Future Education Center, will require Design Review Board authorization. The City will use its best efforts to provide potable water supply to the new Barn/Education Center building at a cost reasonable and customary, at the time of installation, for a project of this nature. Any necessary wastewater/sewer disposal at the new Barn/Education Center and the existing Calkin's House will be the responsibility of NGA. 19 CERTIFICATE OF CORPORATE RESOLUTION Of NATIONAL GARDENING ASSOCIATION WHEREAS, the Board of Directors has the authority to assign responsibilities and empower the corporate officers and/or board committees to conduct such activities as the Directors may assign. RESOLVED, that the Directors empower and authorize the officers of the organization to represent the board and to negotiate and sign all legal documents that will be legally binding to the organization in order to secure a Lease agreement for the organizations base of operations. On motion duly made and seconded it was thereupon VOTED, that the Officers of National Gardening Association are empowered to take such action as may be required for the negotiation and execution of a lease agreement for property to house the operations of the National Gardening Association. �GM Secretar / CGt1 o south guKtLl VV tom, R Todd LeBlanc, Assessor 575 Dorset Street South Burlington VT 05403 846-4103 December 13, 2011 To: South Burlington City Council Re: 2011 Grand List Errors& Omissions Dear Council Members: It is now the end of 2011 and with it the close of the 2011 Grand List. As is inevitable with a Grand List the size of this City's,there were errors or omissions in the Grand List when lodged with the City Clerk in July(see attached). State Law allows for the City to make changes in the Grand List due to Errors and Omissions (E& 0) up until December 30 each year. In finalizing the Grand List for the City of South Burlington I am noticing you of the list of properties which have needed corrections through the E& 0 process. It is my recommendation that you approve the changes to the 2011 Grand List under the Errors& Omissions provision as set forth in title 32 of the Vermont State Statutes. Title 32, chpt 4261 states that "When real or personal estate is omitted from the grand list by mistake, or an obvious error is found,the listers, with the approval of the selectmen, before December 31, may supply such omissions or correct such errors and make a certificate thereon of the fact." Errors&Omissions include,but are not limited to, property listings that contain incorrect or missing information, incorrect Veterans Exemptions, Tax status, Homestead/Housesite values and obvious mistakes in values. Values may rise, stay the same, or decline depending on the error. Sincerely, 9Ve---.-- R Todd LeBlanc Assessor Issues needing approval 1) List of property that has had a change in the mailing address. Mailing addresses corrected per owner requests. (See Attachment 1) 2) List of corrected ownership information. These entries are results of errors in the Grand List due to inaccurate owner name. This entry had a"space"before the name which made it difficult to find in the Grand List. (See Attachment 2) 3) List of corrected rental use%. These entries are results of errors in the Grand List due to rental % changes claimed during homestead declaration process. (See Attachment 3) 4) List of Veteran Exemption Changes. These entries are results of errors in the Grand List due to Veterans exemption errors. This property was sold and should no longer receive a Veterans exemption. (See Attachment 4) 5) List of property that has a duplicate entry in the Grand List This property was added to the Grand List when we were unable to link a building located at the airport to a parcel in the Grand List. This property was in fact in the Grand List but was listed in such a way that it couldn't easily be identified by address, description or Parcel ID. This property was eventually identified by a sketch comparison when questioned by owner about parcel identity. (See Attachment 5) The items below are not required by law to be approved by the City Council. I am including these items so that all of the changes to the Grand List made after the July lodging are grouped together in one package when they are given to the City Clerk. 6) List of changes resulting from Homestead Declaration changes. These entries are results of Homestead Declaration information that was downloaded from the State of Vermont the 2011 Grand List was set for billing in July. (See Attachment 6) Attachment # 1 Mailing Address Corrections Name Parcel ID Old Address New Address Charron, Joseph & Kellie 0700-000D2 3077 West Shore Rd, Isle Lamotte, VT D2 Grandview Dr, S Burlington, VT Leslie, Barbara A 0270-00018 2369 Kronprindsens Gade, St Thomas, VI 18 S Beach Rd, S Burlington, VT Attachment # 2 Name Corrections i Address Parcel ID Old Name New Name 357 Juniper dr 0945-00357 _Racine, Robin Trust Racine, Robin Trust (underscore indicates blank space prior to name) 1 Attachment # 3 Rental Use Corrections Name Parcel ID Old Rental % New Rental % Shortsleeves, Penny 0160-00064 12% 0% Kupersmith, Michele 0260-00023 0% 18% Novinger, Leah & Quentin 0860-00630.003 33% 66% Ferguson, Jonathan 1010-00230 50% 75% Mittag, Michael Trust 1040-00008 99% 0% Ploof, Burt & April 1130-00003 34% 38% Manley, Neil H Trust 1130-00043 8% 21% Attachment # 4 Veterans Exemption Corrections Name Parcel ID Old Owner / Exemption New Owner/ Exemption Gover, Mary Ann 0990-00079 Robert Early / $40000 Mary Ann Gover / $0 Attachment # 5 Parcel Corrections Name Parcel ID Old Assessed Value New Assessed Value City of Burlington 0010-00860 $400,200 $0 860 Airport Dr Parcel as Duplicated City of Burlington 2000-00000.012 $638,000 $638,000 25 Customs Dr At tachment # 6 Homestead Declarations Printouts of all differences in Grand List after July lodging with City Clerk due to Homestead Declarations. See attached Grand List comparison reports. 12/12/2011 So Burlington 2011 Billed Grand List Page 1 of 1 02:32 pm Homestead On/Off Comparison Report TLeblanc Compared to Original Billing File (LSFREZ) Parcel ID SPAN Name Homestead Status 0065-00008. 10253 PRESS LAWRENCE On now, Off last year 0120-00015. 10805 BROWN MARTHA R Off now, On last year 0160-00076. 12511 CAIRELLI JASON & KRIS Off now, On last year 0258-00240. 17444 MONGEON LINDSEY E On now, Off last year 0330-00106. 14803 PARIATO RICHARD Off now, On last year 0573-00014. 15196 RANSOM MARY R On now, Off last year 0615-00101.312 17021 VALLIERES DENIS On now, Off last year 0630-00001. 13255 KEHOE JAMES M & MICHELLE L On now, Off last year 0790-00089. 12770 HATCH CARLOTTE H TRUST Off now, On last year 0850-00049. 17849 MALLEY NATHANIEL M On now, Off last year 0860-00367. 12750 HARRINGTON ROBERT & ELAINE LIFE ESTATE Off now, On last year 0985-00028. 11365 PELSKI RYAN On now, Off last year 1020-00002. 15323 BURLINGTON, CITY OF Off now, On last year 1033-00012. 17762 KIRBY GAIL On now, Off last year 1194-00017. 17290 THOMPSON JAMES P & KATHERINE F On now, Off last year 1240-00077. 14872 PECK JODIE F On now, Off last year 1290-00190. 10195 ANGOLANO CHARLES JR & SHARRON Off now, On last year 1390-00050. 10993 ANGOLANO SHARRON On now, Off last year 1610-00303. 10543 DENTE JAMES E JR & COLETTE G On now, Off last year 1660-00N10. 11391 KNYAZHITSKIY ALEXEY On now, Off last year 1740-00007. 14792 PARISEAU CAROL A On now, Off last year 1740-00017. 16109 RIVERS JOHN On now, Off last year 1740-00046. 13451 ADAMS CHLOE & CAROLYN Off now, On last year 1745-00020. 12027 PARK CHRISTOPHER & JORDAN On now, Off last year 1815-00069. 11100 LEDERER GERDA On now, Off last year 1853-00072. 17249 KILLACKY JOHN On now, Off last year 1853-00074. 17250 BRANDON JENNIFER On now, Off last year 1853-00094. 17255 HART RICHARD & SUSAN On now, Off last year Total Records: 28 12/12/2011 So Burlington 2011 Billed Grand List Page 1 of 1 02:32 pm Homestead Exemption Comparison Report TLeblanc Compared to Original Billing File (LSFREZ) Parcel ID SPAN Name Exemption Change 0990-00079. 11943 GOVER MARY ANN Veterans Homestead Exemption is 0 was 40000 Total Records: 1 12/12/2011 So Burlington 2011 Billed Grand List Page 1 of 1 02:33 pm Homestead Business/Rental Use Comparison Report TLeblanc Compared to Original Billing File (LSFREZ) Parcel ID SPAN Name Business/Rental Use Change 0160-00064. 15692 SHORTSLEEVES PENNY Rental Use % is 0.00 was 12.00 0260-00023. 13406 KUPERSMITH MICHELE Rental Use % is 18.00 was 0.00 1040-00008. 14385 MITTAG MICHAEL TRUSTEE Rental Use % is 0.00 was 99.00 Total Records: 3 12/12/2011 So Burlington 2011 Billed Grand List Page 1 of 1 02:34 pm Homestead Name Comparison Report TLeblanc Compared to Original Billing File (LSFREZ) Parcel ID SPAN Name Name Change 0945-00357. 15177 RACINE ROBIN TRUST Name 1 is RACINE ROBIN TRUST was RACINE ROBIN TRUST Total Records: 1 12/12/2011 So Burlington 2011 Billed Grand List Page 1 of 1 02:34 pm Homestead Homestead Comparison Report TLeblanc Compared to Original Billing File (LSFREZ) Parcel ID SPAN Name Category Current Homestead Previous Homestead Difference 0160-00064. 15692 SHORTSLEEVES PENNY 0 161,300 141,944 19,351 0260-00023. 13406 KUPERSMITH MICHELE R1 247,600 276,900 -29,30( 0860-00630.003 16006 NOVINGER LEAH & QUENTIN 0 74,494 146,797 -72,30: 1010-00230. 13379 FERGUSON JONATHAN DP R1 138,800 174,100 -35,301 1040-00008. 14385 MITTAG MICHAEL TRUSTEE 0 258,300 2,583 255,71' 1130-00003. 15033 PLOOF BURT & APRIL R1 174,100 180,300 -6,20( 1130-00043. 13951 MANLEY NEIL H REVOCABLE TRUST R1 183,600 200,500 -16,90( Total Records: 7 115,07( 12/12/2011 So Burlington 2011 Billed Grand List Page 1 of 1 02:35 pm Homestead Housesite Comparison Report TLeblanc Compared to Original Billing File (LSFREZ) Parcel ID SPAN Name Category Current Housesite Previous Housesite Difference 0160-00064. 15692 SHORTSLEEVES PENNY 0 161,300 141,944 19,351 0260-00023. 13406 KUPERSMITH MICHELE R1 247,600 276,900 -29,30( 0860-00630.003 16006 NOVINGER LEAH & QUENTIN 0 74,494 146,797 -72,30: 1010-00230. 13379 FERGUSON JONATHAN DP R1 138,800 174,100 -35,30( 1040-00008. 14385 MITTAG MICHAEL TRUSTEE 0 258,300 2,583 255,71' 1130-00003. 15033 PLOOF BURT & APRIL R1 174,100 180,300 -6,20( 1130-00043. 13951 MANLEY NEIL H REVOCABLE TRUST R1 183,600 200,500 -16,90( Total Records: 7 115,07(