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Agenda - City Council - 08/17/2021
AGENDA SOUTH BURLINGTON CITY COUNCIL 180 Market Street – Auditorium SOUTH BURLINGTON, VERMONT Participation Options In Person: 180 Market Street - Auditorium - Main Floor Electronically: Please join my meeting from your computer, tablet or smartphone. https://www.gotomeet.me/SouthBurlingtonVT You can also dial in using your phone: +1 (872) 240-3311 Access Code: 751-736-941 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/751736941 Executive Session 6:00 P.M. Tuesday, August 17, 2021 1.Agenda Review: Additions, deletions or changes in order of agenda items. (6:00 – 6:01 PM) 2.Comments and questions from the public not related to the agenda. (6:01 – 6:05 PM) 3.Considering entering executive session for the purposes of (6:05 – 6:30 PM) A.Discussing pending opioid litigation to which the city could be a party and receiveconfidential attorney/client communications regarding the same.B.Discussing probable litigation on a personnel matter to which the city is a party andreceived confidential attorney/client communications regarding the same. Regular Session 6:30 P.M. Tuesday, August 17, 2021 1.Pledge of Allegiance. (6:30 PM) 2.Agenda Review: Additions, deletions or changes in order of agenda items. (6:31- 6:32 PM) 3.Comments and questions from the public not related to the agenda. (6:33 – 6:43 PM) 4.Announcements and City Manager’s Report. (6:44 – 6:55 PM) 5.Consent Agenda: (6:56 – 7:05 PM) A.*** Consider and Sign DisbursementsB.*** Approve Resolution and Certificate to accept Vermont State Revolving Fund(Loan RFI-289-2.0) for City Clean Water Projects for stormwater improvements in the City C.*** Approve Poon Property Lease for City Hall staff parking D.*** Approve settlement agreement with BlackRock Construction, LLC and JAM Golf, LLC E.***Approve Council Rules of Procedure F.*** Review and resolve that there are no inquiries or comments to file with theapplicant regarding prior notice of an application for a Certificate of Public Good under 30 V.S.A. § 8010 for installation of an approximate 500 kW group net-metered solar panel array at 600 Spear Street 6.***Receive a report on the recent City-wide Reappraisal – Martha Lyons, City Assessor andTax Collector and Andrew Bolduc, Deputy City Manager (7:06 – 7:30 PM) 7.***Receive a recommendation on a Policy Priorities and Strategies process and providedirection to staff – Jessie Baker, City Manager (7:31 – 7:50 PM) 8.***Approve the Charter to Create the Climate Action Plan Task Force – Paul Connor,director of Planning & Zoning and Jessie Baker, City Manager (7:51 – 8:05 PM) 9.***Receive a report on a proposed Recreation Center at Veterans Park and provideguidance to staff – Ilona Blanchard, Community Development Director (8:06 – 8:30 PM) 10.***Follow-up discussion on the South Burlington Land Trust's request to warn a special citymeeting to vote on a short-term tax increase to be used by the city for the future perseveration of open space - Sarah Dopp, South Burlington Land Trust, President of theBoard of Directors, Andrew Bolduc, Deputy City Manager (8:31 – 9:00 PM) 11.***Staff update regarding Wheeler Nature Park conservation; possible feedback fromCouncil regarding draft Memorandum of Understanding – Andrew Bolduc, Deputy CityManager/City Attorney (9:01 – 9:15 PM) 12.***Provided direction to staff on a VTrans recommendation on speed changes along Rt 116that will be taken up by the Traffic Committee – Justin Rabidoux, Director of Public Works(9:16 – 9:35 PM) 13.***Appointments to the Committee on Common Areas for Dogs from NRCC and Recreation& Parks – Jessie Baker, City Manager (9:36 – 9:45 PM) 14.Receive request from a resident to review the City’s policies around management ofEmerald Ash trees and Emerald Ash Borers and provide direction to staff (9:46 – 10:00 PM) 15.Reports from Councilors on Committee assignments (10:01 – 10:15 PM) 16. Adjourn (10:15 PM) Respectfully Submitted: City Manager *** Attachments Included Memo To:Jesse Baker From: Dave Wheeler, Stormwater Superintendent CC: Justin Rabidoux, Director of Public Works Tom DiPietro, Deputy Director of Environmental Services Date: August 12, 2021 Re: CWSRF Loan Agreement Documents - South Burlington 3 Acre Stormwater Retrofit Designs The City of South Burlington recently applied for and received approval for a loan through the State of Vermont’s FY21 Clean Water State Revolving Loan Fund (CWSRF) for preliminary engineering and final design work for “3 Acre Sites” impacted by the Stormwater General Permit 3-9050. The State has made this design money available now so that projects are “shovel-ready” for potential ARPA construction funds. The City is proposing to assist 12 of the local “3 Acre Sites” in moving through the design and permitting stage of their required stormwater project. The City is taking out a single loan for all combined project sites for a total amount of $675,000 and upon final completion of the design projects, the entire loan will be forgiven. As the City owns impervious surfaces covered by many of these 3 Acre Sites, there is significant value provided by this funding opportunity. Once the loan paperwork has been finalized, the City will begin the process of hiring engineering firms that have been pre-qualified under the City’s Request for Qualifications (RFQ) process to begin this work. Therefore, as the City Council has previously indicated their support for this project and voted to approve the City’s loan application to the State’s CWSRF loan program, I am requesting that council vote to approve signing the attached loan agreement documentation. If you have any questions, please contact me at (802) 658 – 7961 x6113 or dwheeler@sburl.com. LOAN AGREEMENT Vermont State Revolving Fund Loan RF1-289-2.0 Loan Amount: $675,000.00 1.City of South Burlington, the Municipality, hereby certifies to the Vermont MunicipalBond Bank (“Bond Bank”) that: (a)It will secure all state and federal permits, licenses and approvals necessary to construct and operate the improvements to be financed by the Loan (the “Project”),if any, as described in Exhibit A; (b)It has established, or covenants with the Bond Bank to establish, by ordinance, ruleor regulation, a rate charge or assessment schedule which will generate annually sufficient revenue to pay: (i)Principal, administrative fees and interest of the Municipal Note, as thesame becomes due; and (ii)reasonably anticipated cost of operating and maintaining the improvementsto be financed by the Loan, if any, and the system of which is a part; (d)It has duly established a fund under Title 24 of the Vermont Statutes Annotated, orby other means permitted by law which, for so long as the Municipal Note shall remain outstanding, shall be maintained and replenished from time to time, and used solely torepair, replace, improve and enlarge the improvement to be financed by the Loan, if any. 2.The Municipality shall make funds sufficient to pay the principal, administrative fees andinterest as the same matures (based upon the Maturity Schedule appended hereto as Exhibit C) available to the Bond Bank at least five business days prior to each principal payment date. 3.The Bond Bank and Municipality agree that Loan proceeds will be paid to the Municipalityas Project costs are incurred and paid by the Municipality over the course of the Project, but in noevent shall payments be made more often than monthly, and only on Municipality’s certification, through its authorized representative, that such costs have been paid. 4.The Municipality is obligated to make the principal, administrative fee and interest portionof the Municipal Note payments scheduled by the Bond Bank on an annual basis. TheMunicipality may prepay the Loan at its option without penalty. 5.The Municipality shall be obligated to inform in writing to the Bond Bank, or such agentdesignated by the Bond Bank, at least thirty days prior to each principal payment date of anychanges to the name of the official or address to whom invoices for the payment of principal,administrative fees and interest should be sent. 6. The period of performance for this agreement begins upon execution and ends five yearsafter execution. 7.Notwithstanding paragraph 14 hereof, prior to payment of the amount of the Loan, or any portion thereof, the Bond Bank shall have the right to cancel all or any part of its obligationshereunder and after payment of any portion thereof to require a refund of amounts paid if: (a)Any representation made by the Municipality to the Bond Bank in connection with its application for a loan or additional loans shall be incorrect or incomplete in any material respect; or (b)The Municipality has violated commitments made by it in its application andsupporting documents or has violated any of the terms of this Loan Agreement. 8.The Municipality shall at all times comply with all applicable federal and staterequirements pertaining to the Project, including but not limited to requirements of Federal CleanWater Act, Title 24 of the Vermont Statutes Annotated, and the list of Federal Laws andAuthorities included as Exhibit B. The enumeration of the Federal Laws and Authorities in Exhibit B shall not be construed as a waiver by the Municipality of any exemption or exception, jurisdictional or otherwise. 9.If any provisions of this Loan Agreement shall for any reason be held to be invalid orunenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Loan Agreement and this Loan Agreement shall be construed and enforced as if such invalid or unenforceable provision had not been contained herein. 10.This Loan Agreement may be executed in one or more counterparts, any of which shall beregarded for all purposes as an original and all of which constitute but one and the same instrument. Each party agrees that it will execute any and all documents or other instruments, and take such other actions as are necessary, to give effect to the terms of this Loan Agreement. 11.No waiver by either party of any term or condition of the Loan Agreement shall be deemedor construed as a waiver of any other terms or conditions, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different section, subsection, paragraph, clause, phrase, or other provision of this Loan Agreement. Anydelay in exercising rights or requirements of the Loan Agreement does not constitute a waiver ofsuch rights or requirements. 12.The Municipality agrees to indemnify and hold the Bond Bank, the state, its officials, agents, and employees harmless from and against any and all claims, suits, actions, costs, anddamages resulting from the negligent performance or non-performance by the Municipality or anyof its officials, agents, or employees of the Municipality's obligations under this Agreement, as itmay be amended or supplemented from time to time. It is further understood that such indemnity shall not be limited by an insurance coverage. 13.The Municipality agrees that the Loan will be adjusted upon final audit to an amount equalto or less than the project costs determined eligible by the Department of EnvironmentalConservation and recommended to the Bond Bank for loan participation. 14.The Municipality agrees that if actual final eligible costs are less than the amount paidunder the Loan Agreement, repayment of the excess funds will be made within sixty days of therequest made by the Department of Environmental Conservation. 15.Increases, amendments, or modifications to the project during construction will be processed for record keeping purposes only, except for the addition of major approved ProjectElements, Exhibit A. The Loan Agreement will also be amended upon completion of the projectbased upon final audited eligible costs, and any increases in the Loan will be made contingentupon availability of funds. All Project records will be retained by the Municipality and made available for state inspection upon request for three years after Project completion or until any audit questions have been resolved, whichever is later. 16. The Municipality will obtain flood insurance for any insurable portion of the Project. 17.The Municipality agrees to use the Loan proceeds solely for the Project for which the Loan is made and any approved amendments thereto. The Municipality further agrees to make promptpayment to the contractors and to apply any interest received to the Project. Once payment hasbeen made to contractors, the applicant shall submit a payment request to the Department ofEnvironmental Conservation (DEC). Funds will be disbursed from Federal Award ID Number CS500001## (## equals last two digits of award year). Upon disbursement, DEC will notify the Municipality of the standard terms and conditions applicable based on the exact amount of federalfunds disbursed and relevant capitalization grant being drawn down. Please seehttps://dec.vermont.gov/water-investment/water-financing/srf/reimbursement-help for thestandard terms and conditions. If the foregoing link is not accessible, contact DEC for assistance. 18.The terms of this Loan Agreement shall be controlling over those of any prior Agreementwith respect to this Loan Agreement. However, this Loan Agreement shall not otherwise supersedethe terms of any other agreements between the Municipality and the State. 19.The Municipality agrees to furnish to the Bond Bank such financial statements as the Bond Bank may reasonably request, which statements and supporting records shall be prepared andmaintained in accordance with Generally Accepted Accounting Principles (GAAP). 20.This agreement will be funded by approximately 80 percent federal funds. These funds are being awarded in accord with the Federal Clean Water State Revolving Fund, CFDA number 66.458, under the authority of the Environmental Protection Agency. This is not a research anddevelopment award. For any accounting year in which the Municipality expends Loan proceedsand other Federal funds of $750,000.00 or more from all Federal sources, the Municipality shallhave an audit performed in accord with the Federal Single Audit Act and furnish a copy to the List of Loan Exhibits EXHIBIT A: Project description and conditions EXHIBIT B: List of Federal Laws and Authorities EXHIBIT C: General Obligation Note EXHIBIT D: Resolution and Certificate EXHIBIT A PROJECT DESCRIPTION AND CONDITIONS FOR THIS AGREEMENT Description: The City of South Burlington contains approximately 46 developments/commercial properties identified as 3- Acre Sites in the State's Stormwater General Permit 3-9050. Among the 46 sites, the City estimates there are at least 34 new stormwater treatment practices that will need to be constructed, along with 38 existing stormwater treatment practices identified for potential upgrades or expansions. The City is proposing to complete engineering design for 10 to 12 of the 46 sites with this project. Conditions: 1)Repayment of this loan shall commence five (5) years after the execution of the loan. 2) If this loan does not result in a constructed project by the anticipated repayment start date, repayment shall commence immediately. 3)The Applicant shall, as a condition of the loan, provide the Department with a digitally formatted copyof any plan or surveys developed with funds awarded under the loan, if the Applicant or anysubcontractor develops plans or surveys in digital format. By acceptance of the loan, the Applicant agrees to pass through this requirement to any subcontracts awarded and funded by the loan. This condition is included pursuant to Section 56 of Act 233 of 1994. Such digital formats are subject to theFederal Freedom of Information Act and the State Access to Public Records and Document Statute and,unless otherwise restricted, the Department will release copies of such information to the general publicupon request. It shall be acceptable to submit read only copies or copies marked archival copies only. The Applicant, by acceptance of this loan agrees not to copyright any plans or surveys developed pursuant to this action. Acceptable electronic formats include pdf and pdf/A. EXHIBIT B LIST OF FEDERAL LAWS AND AUTHORITIES WHERE APPLICABLE ENVIRONMENTAL: •“American Iron and Steel” requirements of P.L. 113-76 the Consolidated Appropriations Act of 2014 •Archeological and Historic Preservation 16 USC §469a-1 •Bald and Golden Eagle Protection Act, 16 USC §668-668c •Clean Air Act, 42 USC §7401 •Coastal Barrier Resources Act, 16 USC §3501 •Coastal Zone Management 16 USC §1451 •Davis-Bacon Act (40 CFR '31.36(i)(5)) •Davis Bacon and Related Acts Wage Rate Requirements (29 CFR 5.5) •Endangered Species Act, 16 USC §1531 •Floodplain Management, Executive Order 11988, as amended by Executive Order 12148 •Protection of Wetlands, Executive Order 11990 (1977) as amended by Executive Order 12608 (1997) •Environmental Justice, Executive Order 12898 •Protection and Enhancement of the Cultural Environment, Executive Order 11990 (1977), as amended by Executive Order •Farmland Protection Policy Act, 7 USC §4201 •Fish and Wildlife Coordination Act, 16 USC §661 •Magnuson-Stevens Fishery Conservation and Management Act, 16 USC §1801 et seq. •Marine Mammal Protection Act, 16 USC §7703 et seq. •Migratory Bird Act 16 USC Chapter 7, Subchapter II: Migratory Bird Treaty •National Historic Preservation Act 54 USC § 300101 et seq. •Rivers and Harbors Act, 33 USC §403 •Safe Drinking Water Act, 42 USC §300f •Wild and Scenic Rivers Act 16 USC §1271 ECONOMIC: •Demonstration Cities and Metropolitan Development Act of 1966, PL 89-754 as amended •Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, including Executive Order11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respectto Federal Contracts, Grants, or Loans SOCIAL LEGISLATION: •Age Discrimination Act, PL 94-135 •Civil Rights Act of 1964, PL 88-352 •Disadvantaged Business Enterprise, 49 USC § 47113 - Minority and disadvantaged businessparticipation •Equal Employment Opportunity, Executive Order 11264 •Women’s and Minority Business Enterprise, Executive Orders 11625 and 12138 •Section 13 of PL 92-500; Prohibition against sex discrimination under the Federal Water PollutionControl Act •Rehabilitation Act of 1973, PL 93-112 (including Executive Orders 11914 and 11250) MISCELLANEOUS AUTHORITY: •Executive Order 12549 - Debarment and Suspension •Trafficking and Violence Protection Act of 2000 (P.L. 106-386) •Uniform Relocation and Real Property Acquisition Policies Act of 1970, PL 91-646 •Signage requirements per 2015 EPA guidance •2 CFR 200.216 and section 889 of Public Law 115-232, Prohibition of certain telecommunication andvideo surveillance services or equipment EXHIBIT C $675,000.00 UNITED STATES OF AMERICA STATE OF VERMONT City of South Burlington GENERAL OBLIGATION NOTE The City of South Burlington (hereinafter called the “Municipality”), a body corporate and a political subdivision of the State of Vermont, promises to pay to the Vermont Municipal Bond Bank, or registered assigns, the not-to-exceed sum of $675,000.00 with a preliminary interest at the rate of 0.00% per annum and with a preliminary administrative fee of 0.00%, subject to change based on final disbursed value, beginning on 5/1/2026 as follows: Loan Agreement Vermont EPA Clean Water State Revolving Fund South Burlington City, VermontLoan RF1-289-2.0 Prepared on 6/1/2021Loan Terms Loan Amount:$675,000.00Loan Term Years:5 Interest rate:0.0000%Administrative Fee:0.0000% Repayment Date Payment Number Principal Due Principal Payment Principal Forgiven Interest Payment Administrative Fees Total Payment 5/1/2026 1 675,000.00 0.00 675,000.00 0.00 0.00 0.005/1/2027 2 0.00 0.00 0.00 0.00 0.00 0.00 5/1/2028 3 0.00 0.00 0.00 0.00 0.00 0.005/1/2029 4 0.00 0.00 0.00 0.00 0.00 0.00 5/1/2030 5 0.00 0.00 0.00 0.00 0.00 0.00 0.00 675,000.00 0.00 0.00 0.00 For planning purposes only. Subject to change based on actual disbursed amounts. EXHIBIT C This Note is payable in lawful money of the United States at People’s United Bank in the City of Burlington, State of Vermont. Repayment terms shall comply with 24 V.S.A. Chapter 120, §4755 which prohibits deferral of payment. Final payment of this Bond shall be made upon surrender of this Bond for cancellation. This Note is issued by the Municipality for the purpose of financing planning and design of infrastructure improvements under and by virtue of Title 24, Vermont Statutes Annotated, and a vote of the governing body of the Municipality duly passed on 5/21/2021. This Note is transferable only upon presentation to the Treasurer of the Municipality with a written assignment duly acknowledged or proved. No transfer hereof shall be effectual unless made on the books of the Municipality kept by the Treasurer as transfer agent and noted hereon by the Treasurer with a record of payments as provided hereon. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the issuing of this Note have been done, have happened, and have been performed in regular and due form, as required by such law and vote, and for the assessment, collection and payment hereon of a tax to pay the same when due the full faith and credit of the Municipality are hereby irrevocably pledged. IN TESTIMONY WHEREOF, the Municipality has caused this Note to be signed by its Treasurer, and a majority of its Selectboard and its seal to be affixed hereto. City of South Burlington By: _____________________________ ________________________________ ________________________________ ________________________________ ________________________________Majority of its Governing Body Date____________________________ ________________________________ Treasurer EXHIBIT C $675,000.00 City of South Burlington GENERAL OBLIGATION NOTE CERTIFICATE OF REGISTRATION It is hereby certified that this Note is a fully registered Note, payable only to the holder of record as appears of record in the office of the Treasurer of the issuing Municipality. This Note may be transferred by presentation of the same with an assignment in writing signed by the registered holder. Presentation shall be made to the Treasurer of the Municipality at his office and he shall record such transfer in his records and on the Note. The name and address of the original registered owner of this Note is Vermont Municipal Bond Bank, 20 Winooski Falls Way #305, Winooski, VT 05404. ___________________________ Treasurer EXHIBIT D RESOLUTION AND CERTIFICATE (General Obligation) (Vermont Clean Water State Revolving Fund) WHEREAS, at meetings of the municipal legislative body of the City of South Burlington (herein called the “Municipality”) at each of which all or a majority of the members were present and voting, which meetings were duly noticed, called and held as appears of record, it was found and determined that the public interest and necessity required certain public stormwater system improvements described in Exhibit A, and it was further found and determined that the cost of making such public improvements would be too great to be paid out of ordinary annual income and revenue, and that a proposal for providing such improvements and the issuance of bonds of the Municipality to pay for its share of the cost of the same shall be submitted to the legal voters at meetings thereof, and it will be ordered, all of which action will be hereby ratified and confirmed; and WHEREAS, the Municipality has applied for financial assistance in planning for the authorized improvements which application has been approved by the Department of Environmental Conservation and the Vermont Municipal Bond Bank, as evidenced by the Funding Application Approval, the terms and conditions of which are found in Exhibit A; and WHEREAS, pursuant to powers vested in them by law the said governing board is about to enter into a Loan Agreement on behalf of the Municipality with the Vermont Municipal Bond Bank respecting a Loan from said Bank in the amount of $675,000.00 to be discounted by the amount of $675,000, repayable with interest at the rate of 0.00% per annum, together with an administrative fee of 0.00%. AND WHEREAS, the Note to be given by the Municipality to the Vermont Municipal Bond Bank at the time of receiving the proceeds of said Loan shall be substantially in the form found in Exhibit C; THEREFORE, be it resolved that the Governing Body proceed forthwith to cause said Note to be executed and delivered to the Vermont Municipal Bond Bank upon the price and terms stated, and be registered as the law provides; and BE IT FURTHER RESOLVED, that the Note when issued and delivered pursuant to law and this Resolution shall be the valid and binding obligation of the said Municipality, payable according to law and the terms and tenor thereof from unlimited ad valorem taxes on the grand list of taxable property of said Municipality as established, assessed, apportioned and provided by law; and BE IT FURTHER RESOLVED, that in addition to all other taxes, there shall annually be assessed and collected in the manner provided by law each year until the Note, or any bond or bonds issued to refund or replace the same, is fully paid, a tax, charge or assessment sufficient to pay the note and bond or bonds as the same shall become due; and BE IT FURTHER RESOLVED, that execution of the above-referenced Loan Agreement between the Municipality and the Vermont Municipal Bond Bank is hereby authorized, the presiding officer of the legislative body and Treasurer of the borrower being directed to execute said Loan Agreement on behalf of the Municipality and the legislative branch thereof; and BE IT FURTHER RESOLVED, that the Municipality expressly incorporates into this Resolution each and every term, provision, covenant and representation set forth at length in Exhibit A to be delivered in connection with the issuance and sale of the Note, execution and delivery of each of which is hereby authorized, ratified and confirmed in all respects, and the covenants, representations and undertakings set forth at length in said Loan Agreement are incorporated herein by reference; and BE IT FURTHER RESOLVED, that all acts and things heretofore done by the lawfully constituted officers of the Municipality, and any and all acts or proceedings of the Municipality and of its Governing Body, in, about or concerning the improvements hereinabove described and of the issuance of evidence of debt in connection therewith, are hereby ratified and confirmed. BE IT FURTHER RESOLVED, that in connection with the pending sale of the Note in the face amount of $675,000.00 to the Vermont Municipal Bond Bank, execution and delivery of the Note, this Resolution Certificate, Loan Agreement and incidental documents, all attached hereto, are authorized; and BE IT FURTHER RESOLVED, that People’s United Bank in the City of Burlington, Vermont, is hereby designated the Municipality's paying agent with respect to the Note and the Loan Agreement. And we, the undersigned officers, as indicated, hereby certify that we as such officers have signed the Note payable as aforesaid, and reciting that it is issued under and pursuant to the vote herein above mentioned, and we also certify that the Note is duly registered in the office of the Treasurer of the Municipality as prescribed by law. And we, the said officers of the Municipality, hereby certify that we are the duly chosen, qualified and acting officers of the Municipality as undersigned; that the Note is issued pursuant to said authority; that no other proceedings relating thereto have been taken; and that no such authority or proceeding has been repealed or amended. We further certify that no litigation is pending or threatened affecting the validity of the Note nor the levy and collection of taxes, charges or assessments to pay it, nor the works of improvement financed by the proceeds of the Note, and that neither the corporate existence of the Municipality nor the title of any of us to our respective offices is being questioned. ATTEST: City of South Burlington By: ____________________________ Clerk _______________________________ _______________________________ _______________________________ _______________________________ Majority of its Governing Body And By: _______________________________ Its Treasurer MEMORANDUM TO: South Burlington City Council FROM: Andrew Bolduc, Deputy City Manager DATE: August 17, 2021 City Council Meeting RE: 180 Market Street - Parking Lease ______________________________________________________________________________ Background Attached in your materials please find a 1-year parking lease agreement that represents the end result of several months of negotiations between management and the Poon Trust, LLC, owners of 155 Market Street. Back in 2018, pursuant to the City’s permitting requirements for 180 Market Street, the City Council approved a Memorandum of Understanding with the Poon Trust, LLC for the long-term lease of 40 spaces at 155 Market Street for staff parking. The MOU outlined the general terms of a lease to be formalized at a later date. In negotiating the final terms of the lease this year, the Trust requested additional compensation. After a review of parking rates in the area, management found their proposed value to be consistent with current market rates. General terms of this lease are as follows: •Term - 1-year lease to allow the City to re-evaluate its future staff and public parking needs after occupation of the new building. •Premises – The 40 spaces will be in the north-east corner of the property where the stairs arelocated today. •Cost - $2 per space per day for a total cost of $29,200 annually. Half of this was pre-paid in2019 and the other half will be included in the FY 23 budget. •Maintenance – The Trust is responsible for maintenance. Per the City’s request, the Citywill be responsible for snow-plowing and de-icing the leased area. Recommended Action Approve consent item in order to authorize the City Manager to execute the 1-year Lease Agreement with Poon Trust, LLC. Page 1 of 8 LEASE AGREEMENT This Lease Agreement (the “Lease”) dated as of the date the last party signs below is made by and between the Poon Trust, LLC, a Vermont limited liability company with its principal place of business in Burlington, Vermont (the “Trust”), and the City of South Burlington, a Vermont municipality located in the County of Chittenden and State of Vermont (the “City”). Each is a “Party” and they are referred to collectively as the “Parties.” Recitals A.The Trust owns, operates and maintains a 2.0-acre, more or less, parcel of land on thesoutherly side of Market Street located at 155 Market Street (FKA 5 Market Street), South Burlington, Vermont (the “Property”), which is adequate and available for parking of vehicles. B.The City is the owner of a 0.62-acre, more or less, parcel of land on the northerly side ofMarket Street immediately across Market Street from the Property (“180 Market Street”) upon which it is constructing a building for multiple municipal, community and public purposes (the “Municipal Building”), and will require additional parking located nearbyto 180 Market Street. C.The Trust is willing to make some of the parking spaces currently located on the Property available for a shared parking area for the Municipal Building located on 180 Market Street. D.The City has an interest in providing a public parking area in close proximity to 180Market Street. Agreement In consideration of the premises and the mutual covenants and agreements herein set forth, in reliance on the representations and warranties contained herein, the Parties hereby agree as follows: 1.Premises. The Trust does hereby demise, let, rent and lease unto the City, and the Cityhereby hires and rents from the Trust, the easterly portion of the Property, specifically, parkingareas that include forty (40) parking spaces (the “Leased Premises”), as more particularly depicted within the red-scalloped outline on a plan attached hereto as Exhibit A and made a part hereof (the “Plan”), together with the right of the City, its agents, invitees, licensees, guests andmembers of the public, in common with the Trust and others, to cross and re-cross the accessdriveway located easterly of the Leased Premises (the “Driveway”), other parking areas locatedon the Property and, for pedestrians only, the green spaces along the Property’s frontage on Market Street, between the Leased Premises and the Driveway and along the outer perimeter of the Property, for the purposes of ingress and egress to and from the Leased Premises. Page 2 of 8 2.Term of Lease. This Lease shall be effective as of July 19, 2021 through July 1, 2022(“Initial Term”). 3.Use of Leased Premises. a.The City shall have the right to access, use and operate the Leased Premises for forty (40)parking spaces for the general public, including without limitation the City’s employees, agents, invitees, licensees, guests and members of the public, except all construction related vehicles. The City shall have 24-hour access to and from and use of the LeasedPremises seven days a week. b. The City shall be responsible for signage, enforcement of and if appropriate, charging and collecting any fees (at the sole discretion of the City) for the use of the parking spaces leased by the City. 4. Additional Pedestrian Access. The City shall have the right to construct, install, maintainand repair a permanent improvement, specifically, a stairway, in or near the easterly/ southeasterly corners of both the Leased Premises and the Property to provide a pedestrian access to and from the Leased Premises and the Market Street Right-of-Way. If, at theexpiration of the Initial Term, the Extension Term, or the termination of the Lease, whichever isapplicable, the Trust provides to the City written notice no fewer than thirty (30) days before saidexpiration or termination, that the Trust requests removal of the stairway, then the City shall remove the stairway, weather permitting, prior to vacating the Leased Premises. 5. Rent. a.The City shall pay to the Trust, as rent, $2 per space per day (or Two Dollars and Zero Cents for each day that the City hires and rents each parking space) of the Initial Term that the City hires and rents the Leased Premises. b. The total rent for the term of lease shall be $29,200. On or about June 18, 2019, theCity paid a pre-pay deposit of $14,600.00 to the Trust, receipt of which the Trust acknowledges and confirms, which, commencing on the Commencement Date, shall be credited towards the rent the City owes the Trust for the first year of the InitialTerm. c.By July 30, 2022, the City will pay a lump sum, for the remainder of the Lease Rent balance for the Initial Term. 6.Maintenance of Leased Premises. a.The Trust shall maintain the Leased Premises, together with the Driveway, other parking areas located on the Property, all landscaping on the Property and the green spaces along the Property’s frontage on Market Street, between the Leased Premisesand the Driveway and along the outer perimeter of the Property, in good and lightedcondition, with the exception of snow plowing and removal and de-icing. Page 3 of 8 b.The City shall be responsible for snow plowing and removal and for de-icing the Leased Premises and the Driveway to the Leased Premises and the stairway referenced in Paragraph 4, above, which shall not be considered maintenance. c.If the City determines, in its reasonable discretion, that the Leased Premises and/orthe access to the Leased Premises are not maintained in good and lighted condition, then the City may take whatever actions or steps that, in its sole discretion, the City deems necessary or prudent to restore the Leased Premises and/or the Driveway togood and lighted condition. The Trust agrees that the City may deduct from the rent,as described in Paragraph 5, above, any costs the City incurs to restore the LeasedPremises and/or the Driveway to good and lighted condition. d.The City acknowledges that the Trust may enter into a separate agreement formaintenance of the Property and the Trust acknowledges that the City could provideservices, materials and equipment for maintenance and/or repair of the Property withCity resources and that, in that instance, the costs of these services, materials and equipment shall be credited towards, or deducted from, future rent installments. 7.Licenses, Fees and Taxes. The Trust shall pay and discharge when due, all federal, state,City, municipal and local taxes, assessments, rates, and license fees of whatever nature that areor may be during the Initial Term, and if applicable, the Extension Term, levied, assessed, imposed, or charged on the Property and Leased Premises and on all improvements now thereon or hereafter to be built or made thereon. The City shall pay and discharge when due, all federalstate, City, municipal and local taxes, assessments, rates, and license fees of whatever nature thatmay be during the Initial Term, and if applicable, the Extension Term, levied, assessed, imposedor charged on or against the income from the use and enjoyment of the Leased Premises or improvements thereto along with any sales occurring at the Leased Premises. No such payments shall be considered a payment of rent entitling the City to a credit under any other provision ofthis Lease. The failure to pay any such tax, assessment, rate or licensee fee, the validity of whichshall be contested in good faith and with reasonable promptness, and in accordance withapplicable law, shall not be interpreted as a violation of this covenant until such contest shall have been abandoned or the time for objection or appeal has expired. 8.Casualty Insurance. The Trust shall insure the Leased Premises for loss, damage ordestruction by casualty and all causes of loss insurable under a Causes of Loss-Special FormPolicy, insuring an amount of not less than 100% of the full insurable value of the Leased Premises and the permanent City improvements to the Leased Premises. Trust shall pay the cost of the premiums for such insurance. Within thirty (30) days following a written request therefor,the Trust shall provide City with an ACORD certificate of all policies required herein, includingan endorsement providing that such insurance shall not be canceled except after thirty (30) days-notice in writing to City, endorsed on the policy if (and only if) such endorsement is commercially available without any additional premium. City shall be responsible for obtaining its own insurance on any equipment, fixtures, improvements and any other property which havenot assumed the nature of a permanent City improvement to the Leased Premises. Page 4 of 8 9.Liability Insurance. Throughout the term of this Lease Agreement, and renewal, theTrust and City shall, at their own expense, maintain a policy or policies of general liability insurance in an amount not less than $1,000,000.00 for injury to or death of any one or more persons in any single event, and not less than $1,000,000.00 for damage to or destruction ofproperty and personal injury. The City of South Burlington shall be named as an additionalinsured on the Trust’s policy. Each Party shall deliver to the other a certificate evidencing thatsuch insurance coverage is in effect upon demand. 10.Indemnification – Trust Held Harmless. It is an express condition of this Lease that theCity shall indemnify, defend (with counsel satisfactory to Trust), and hold the Trust, its officers,directors, shareholders, agents and employees, harmless from and against any and all claims,debts, demands, liabilities, losses, costs, damages, expenses (including reasonable attorneys’ fees), judgments, penalties, fines, or causes of action of every kind or character, whether in law or in equity, by reason of any death, injury or damage to any person or persons or damage ordestruction of property or loss of use thereof, whether it be the person or property of Trust, itsagents or employees, or of any third persons, arising from any negligent acts or omissions orintentional misconduct by the City, its agents, officers, employees, invitees or guests. 11.Indemnification – City Held Harmless. It is an express condition of this Lease that theTrust shall indemnify, defend (with counsel satisfactory to City), and hold City, its officers,agents, employees, invitees and guests, harmless from and against any and all claims, debts,demands, liabilities, losses, costs, damages, expenses (including reasonable attorneys’ fees), judgments, penalties, fines, or causes of action of every kind or character, whether in law or in equity, by reason of any death, injury or damage to any person or persons or damage ordestruction of property or loss of use thereof, whether it be the person or property of City, itsagents, officers, employees, invitees or guests, or of any third persons, arising from any negligentacts or omissions or intentional misconduct by the Trust, its agents, officers, directors, shareholders, or employees. 12.Default, Remedies, Damages. a. Each of the following shall constitute an Event of Default: i. The City fails to pay rent as provided in Paragraph 4. ii. The City or the Trust fail to maintain at all times the insurance required by thisLease.iii.The City or the Trust fail to comply with any agreement or requirement in thisLease for a period of thirty (30) days after written notice from the other Party. iv.The Trust fails to maintain the Leased Premises in a manner that can be utilized by the City for the purposes outlined in this Lease. b. For so long as an Event of Default by City shall exist and be continuing, the Trust maygive written notice to City specifying the Event of Default and stating that City’s rights to the possession, use and occupancy of the Leased Premises under this Lease Agreement shall expire and terminate on the date specified in such notice, which date shall be at leastten (10) business days after the giving of notice, and upon the date so specified, all rightsof City under this Lease Agreement shall so expire and terminate. Page 5 of 8 c.For so long as an Event of Default by Trust shall exist and be continuing, City may give written notice to the Trust specifying the Event of Default and declaring this Lease Agreement expired and terminated on the date specified in such notice, which date shallbe at least ten (10) business days after the giving of notice and upon the date so specified,all rights of the Trust under this Lease Agreement shall so expire and terminate. d. Upon any termination of the Lease by the Trust, City shall immediately vacate the Leased Premises and surrender the same to the Trust in the same condition as received,reasonable wear and tear excepted. In the event the City fails to so vacate and surrenderthe Leased Premises, City shall pay all costs reasonably incurred by the Trust in requiringCity to vacate, including reasonable attorneys’ fees and costs. Upon the termination of this Lease Agreement, City will remove all goods and effects not the property of Trust, at City’s expense. The City shall promptly repair any damage thereby caused to the LeasedPremises, reasonable wear and tear excepted, at City’s expense. At the Trust’s option,any goods and effects not so removed shall be deemed abandoned by City and thereuponshall become the sole property of Trust. In the event the City shall fail or refuse to vacate the Leased Premises without breach of the peace after termination, Trust shall also have all rights and remedies as may be available under applicable law at the time of theoccurrence of the Event of Default. e.Upon any termination of the Lease by City, all rent shall be apportioned as of the date of such termination and any rent paid for any period beyond said date shall immediately be repaid to City. In the event the Trust fails to so reimburse City for rent and costs, Trustshall pay all costs reasonably incurred by City in requiring Trust to reimburse, includingreasonable attorney’s fees and costs. City shall also have all other rights and remedies asmay be available under applicable law at the time of the occurrence of the Event of Default. 13. Assignment and Subletting. City shall not assign, sublet, subcontract, or otherwisepurport to transfer this Lease or any right, or obligation granted to or required of it by this Leasewithout the prior written consent of the Trust. No such assignment or sublease shall serve to release the City from any of its obligations, duties or responsibilities under this Lease unless the Trust agrees to such release in writing. Any such sublease shall be in writing and promptly uponthe execution thereof, City shall furnish a copy to the Trust. Notwithstanding the foregoing, inthe event that the City is in default with respect to a loan obligation to a lender where suchdefault, pursuant to an agreement between the City and such lender, would permit such lender to assign the Lease, the Lease may only be assigned by such lender with the prior written consent of the Trust, which shall not be unreasonably withheld. 14.Waiver. No waiver by the Trust of breach/default by the City of Trust of any of theterms, covenants, or conditions hereof to be performed, kept and preserved by the City or Trust shall be construed to be a waiver of any subsequent default. The acceptance of rental or the performance of all or a part of this Lease by the Trust or the City for or during any period orperiods after breach/default of any of the terms, covenants and conditions herein contained to beperformed, kept and observed by the City or the Trust, shall not be deemed a waiver of any right Page 6 of 8 on the part of the City or the Trust to declare a default or cancel this Lease for a subsequent breach thereof. 15. Waiver of Subrogation. Trust and City hereby release the other and their officers,directors, shareholders, agents and employees from any and all liability or responsibility (to theother or anyone claiming through or under them by way of subrogation or otherwise) for any lossor damage to property caused by any of the perils which are actually insured against under standard policies of fire and casualty insurance (including extended coverage) in effect at the time of the casualty occurrence or loss, even if such fire or other casualty shall have been causedby the fault or negligence of the other Party, or anyone for whom such Party may be responsible.Each Party shall request its insurer to issue policies of insurance that include such a waiver ofsubrogation. If such policies shall not be obtainable, this Section shall have no effect. If such policies shall at any time be unobtainable, but shall be subsequently obtainable, neither Party shall be subsequently liable for a failure to obtain such insurance until a reasonable time afternotification thereof by the other. 16. Notice. Any notice or other communication to be given hereunder shall be in writing andmailed or telecopied to such Party at the address or number set forth below: If to Trust: Poon Trust, LLC ______________________ ______________________ If to City: City of South Burlington ATTN: City Manager 180 Market St. South Burlington, Vermont 05403 or to such other person, address or number as the Party entitled to such notice or communication shall have specified by notice to the other Party given in accordance with the provisions of this Section. Any such notice or other communication shall be deemed given: (i) if mailed, when deposited in the mail, properly addressed and with postage prepaid; or (ii) if sent by telecopy, when transmitted. 17. Severability; Governing Law; Entire Agreement; Integration; Captions. If any provisionof this Lease or portion of such provision or the application thereof to any person or circumstance is held invalid, the remainder of the Lease (or the remainder of such provision) and the application thereof to other or circumstances shall not be affected thereby. This Lease shallbe governed by and construed in accordance with Vermont law. The parties hereto consent toand submit to in personam jurisdiction and venue in the State of Vermont, County of Chittenden,and in the U.S. District Court for the District of Vermont. The parties hereto assert that they have purposefully availed themselves of the benefits of the laws of the State of Vermont and waive any objection to venue, and waive any plea of forum non conveniens. This Lease containsthe entire agreement and understanding by and between the parties hereto affecting the subjectmatter hereof, superseding any and all previous agreements, written or oral, between said parties Page 7 of 8 and affecting the same, and it may be modified or amended only in writing signed by both parties. No representation or agreement made before or after this Lease shall be valid or enforceable unless in writing and signed by a representative of the City and the Trust. The captions and number appearing herein are inserted only as a matter of convenience and are not intended to define, limit, construe, or describe the scope or intent of any section or paragraph nor in any way affect this lease. [End of Text. Signatures Page Follows.] Page 8 of 8 IN WITNESS WHEREOF, the Parties hereto, each by their respective Duly Authorized Agents, have caused this instrument to be executed this ___ day of ______________, 2021. Trust: POON TRUST, LLC BY: _____________________________ Its Duly Authorized Agent City: CITY OF SOUTH BURLINGTON BY: ______________________________ Its Duly Authorized Agent Page 1 of 4 NOTICE OF VIOLATION SETTLEMENT AGREEMENT This Settlement Agreement (this “Agreement”) is made by and between the City of South Burlington, Chittenden County, Vermont (“City”), JAM Golf, LLC, a Vermont limited liability company with offices in South Burlington, (“JAM Golf”) and BlackRock Construction, LLC, a Vermont limited liability company with offices in South Burlington, Vermont (“BlackRock”) (collectively, the “Parties”). RECITALS A.JAM Golf is the owner of lands known as the Long Drive Subdivision (the“Subdivision”). By Findings of Fact and Decision on Final Plat Application #SD-18-27 dated October 3, 2018, (the “Decision”), the City Development Review Board approved the Subdivision. B.The Subdivision includes ten residential development lots, a roadway culminating in a circle and a driveway shared by three of the lots. The lands of the Subdivision are forested and the Decision includes the following conditions: i. Decision Condition #15: The document entitled “Tree Preservation Handbook Long DriveSubdivision at Vermont National Country Club South Burlington, Vermont,” dated September 9, 2010 (the “Handbook”), and its attachments [which include drawings; a 2003 tree survey; a 2003 list of trees to be removed, updated in 2010; a 2003 “Landscaping Plan”showing trees to be planted, and a document entitled “Tree Preservation Plan for VermontNational Country Club 10 Lot Subdivision in South Burlington, VT” dated May 13, 2003(the “TPP”)] are incorporated as a condition of approval. ii.Decision Condition #16: The [TPP] is supplemented for the areas outside of the individual lots by the following condition: The Project is intended to remain densely wooded outside of the limits of clearing described in the Tree Preservation Handbook. Vegetation within the outer boundary as generally depicted on the detailed tree survey shown on Sheet L-2 of the landscaping plans must be managed to preserve the character of the area in accordance with best management practices, which are acknowledged to evolve over time. Trees subject to this condition shall not be removed except to meet the goal of maintaining a healthy and densely wooded area overall, as determined by a qualified consulting arborist. Trees exempt from this condition include trees with a diameter of 4-inches or less, trees listed as invasive species, trees lacking structural integrity that pose an immediate danger to a home, dead trees, and trees that are diseased in a manner that threatens their continued viability. Determination of whether a tree is subject to this condition must be made by a qualified consulting arborist in writing prior to tree removal. The applicant shall maintain records of such written determinations, which shall be available to the City upon request. Removal of trees for the health of the surrounding golf turf shall be allowed with prior Site Plan approval of the Administrative Officer after consultation with the City Arborist. Trees that grow to a diameter breast height of 4-inches after this approval shall become subject to this condition. Failure to adhere to this condition will require the applicant to replace the tree(s) removed on a caliper by caliper basis with minimum 2” caliper trees of the same genus or as recommended by the City Arborist. C.BlackRock is the contract purchaser of the Subdivision. Page 2 of 4 D.On April 3, 2020, BlackRock’s site subcontractor’s logging subcontractor cut trees withinthe Subdivision, without following the protocols for tree protection required by the Handbook and the TPP, and cut some trees on Lot 6 and on JAM Golf’s adjoining lands which were not to be removed. E.On or about May 21, 2020, BlackRock applied for and on June 12, 2020, the City issuedzoning permit #ZP-20-145 for construction of the roadway, shared driveway and utility infrastructure, and BlackRock proceeded with construction. F.On August 21, 2020, in conjunction with the Blackrock’s application for Zoning Permit #ZP-20-232 for construction of a single-family dwelling on Lot 6, 159 Long Drive, the City assessed and BlackRock paid an additional “after the fact” application fee of $1,278.65 variously described by the City as “for site clearance prior to permit issuance” and “for the clearing that has taken place on the lot.” Pursuant to a Zoning Permit Withdrawal Agreement dated October 6, 2020, Blackrock withdrew and abandoned Zoning Permit #ZP-20-232, which resulted in additional violations, “[t]ree clearing within the area that would have been occupied by the single family dwelling without a permit.” To resolve the new violations, said Zoning Permit Withdrawal Agreement provided that the City would retain the balance of the permit application fee for use “to restore the site to a wooded condition” if approved development did not proceed on Lot 6. G.On September 18, 2020, the City issued a Notice of Violation (the “NOV”) and orderedall work to stop. In order to cure the violations, the NOV requested certain information from BlackRock, including an updated tree inventory and survey, a certification by a professional arborist identifying any deviations from the Handbook and the TPP, and a landscaping bond, and required certain actions. H.BlackRock did not appeal the NOV. As the NOV notes, the City may file an action in theSuperior Court, Environmental Division, for injunctive relief and fines of up to $200 per day for each day each violation continues after the seven-day cure period commencing with the NOV. I.In addition, page 8 of the TPP sets out penalties if a contractor or subcontractor destroys trees in the tree preservation zone, including a fine in an unstated amount and: If encroachment causes the destruction of a tree(s), as determined by the Consulting Arborist, the Contractor shall replace the tree(s) with trees of equal trunk diameter. For example, if a 10” diameter tree is destroyed, it shall be replaced with two 5” diameter trees or five 2” diameter trees, etc. The owner may elect to receive a settlement equal to the value of these trees in lieu of planting. J.BlackRock has provided an updated tree inventory and survey, an arborist’s certificationand other information and confirmed its obligations under the Handbook, the TPP and the Decision to limit tree cutting and to follow the prescribed protocols. K.The City and BlackRock have agreed on a remedial planting plan, a financial settlement in lieu of some planting and a fine pursuant to 24 V.S.A. 4451(a), as set forth in this Settlement Agreement. TERMS In consideration of their mutual covenants set forth in this Settlement Agreement, the City and BlackRock agree as follows: Page 3 of 4 1.The City accepts the updated Detailed Tree Inventory and Tree Survey submitted to theCity Department of Planning and Zoning by a September 30, 2020 letter from William deVos of Tree Works, a certified arborist, in satisfaction of its demand in the NOV for an updated tree inventory and updated tree survey 2.The City accepts the Certification by William deVos dated January 13, 2021, and theletter from BlackRock dated January 21, 2021, in satisfaction of its demand in the NOV for a certification by an arborist and for assurances of future compliance with the tree preservation obligations of the Decision, the Handbook and the TPP. 3. The City accepts the landscaping bond issued by Atlantic Specialty Insurance Companydated October 15, 2020 as modified by the Surety Rider dated July 14, 2021 in satisfaction of its demand in the NOV for a landscaping bond and the requirements of Decision Condition #13. 4.In partial remediation of the cutting of protected trees JAM Golf and BlackRock agree to plant five 5” “Swamp White Oak/Red Maple” trees; one 5” White Oak and seven 12’-14’ tall “White Spruce/Norway Spruce” trees on the golf course lands in the sightlines from Lot 6 that were opened by the cutting on the golf course, as shown on Figure One below. Thereafter, JAM Golf and BlackRock agree to maintain said trees in a vigorous growing condition and to replace said trees in the event they die or do not become or remain healthy and vigorous, except as provided in Decision Condition #16. JAM Golf and BlackRock agree that these trees shall be included in future site plan applications for the Subdivision or any portion thereof as existing features or landscaping that will remain and that these trees shall not be granted a credit in future required landscaping budgets. 5. In lieu of additional plantings and in reimbursement of City expenses related to the NOV, BlackRock agrees to pay to the City $13,000.00, payable as follows: a. No later than August 17, 2021, BlackRock shall pay to the City $5,575.00. b. BlackRock shall pay to the City $7,425.00 in nine installments of $825.00 as an additional“after-the-fact” application fee for a zoning permit application for each of the lots in theSubdivision other than Lot 6. c. The after-the-fact assessment portion of the application fee shall increase from $825.00 to $1,000.00 for any zoning permit application filed on or after January 1, 2025. d. BlackRock may pre-pay any or all the installments before an application is submitted. 6.The Zoning Permit Withdrawal Agreement dated October 6, 2020 remains in full forceand effect. 7. The City authorizes BlackRock to resume and complete the work authorized by zoning permit #ZP-20-145 and withdraws its order to cease work contained in the NOV. 8. This Agreement shall be binding upon, and shall inure to the benefit of, and shall beenforceable by any successors or assigns of the Parties. 9.The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of Vermont and to the extent allowed by law, the Division of the Vermont Superior Court having subject matter jurisdiction shall be the venue chosen by the Parties in the event that any Party seeks to enforce the terms of this Agreement. Furthermore, the compliance of each of the Parties with the terms of this Agreement shall be specifically enforceable by the Vermont Superior Court, Civil Division, Chittenden Unit. 180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov City Council Rules of Procedure Adopted: August 17, 2021 Article 1: Purpose. The South Burlington City Council and its appointed Boards, Committees, and Commissions, are required by law to conduct meetings in accordance with the Vermont Open Meeting Law (1 V.S.A. §§ 310-314.) The authorities of the City Council and City Manager are established in the South Burlington City Charter (24A V.S.A. Chapter 13.) The City Council must determine its own rules and order of business under 24A V.S.A. § 13-305. Article 2: Application. This policy setting forth rules of procedure shall apply to the South Burlington City Council, which is referred to below as “the body.” These rules shall apply to all regular, special, and emergency meetings of the body. While this policy is not directly applicable to Boards, Committees, and Commissions as appointed by the City Council, such bodies are subject to the requirements of the Vermont Open Meeting Law, 1 V.S.A. §§ 310-314. Article 3. Organization of the City Council. a.Annually the City Council elects a Chair, Vice Chair, and Clerk to preside over City Council meetings. The Vice Chair shall preside over all meetings where the Chair is absent. If both the Chair and Vice Chair are absent, a member selected by the body shall act as chair for that meeting. b.The Chair shall preserve order in the meeting and shall regulate its proceedings by applying these rules and making determinations about all questions of order or procedure. The City Manager will support the Chair in this effort. c.A majority of the members of the body shall constitute a quorum. If a quorum of the members of the body is not present at a meeting, no meeting shall take place. d.No single member of the body shall have authority to represent or act on behalf of the body unless, by majority vote, the body has delegated such authority for a specific matter at a duly noticed meeting and such delegation is recorded in the meeting minutes. e.Motions made by members of the body do require a second. The Chair or presiding chair may make motions and may vote on all questions before the body. A motion will only pass if it receives three or more affirmative votes. f.There is no limit to the number of times a member of the body may speak to a question. A member may speak or make a motion only after being recognized by the Chair or presiding chair. Motions to close or limit debate will be entertained. g.Any member of the body may request a roll call vote at any time. h.Members are allowed to attend a meeting electronically. Pursuant to 1 V.S.A. § 312(a)(2), when one or more members attend a meeting electronically, a roll call vote is required for votes that are not unanimous. While allowed by State Statute or action, 180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov meetings may take place fully electronically or virtually assuming that the meeting is properly warned and the electronic access to the meeting is included in the warning. i.Meetings may be recessed to a time and place certain. j.These rules may be amended by majority vote of the body, and must be readopted annually. Article 4: Council Meeting Agendas. a.Each regular and special meeting of the body shall have an agenda. i.Councilors may add discussion or de minimis action items of business to the agenda at the beginning of the meeting upon vote of the full Council. However, it is requested that Councilors follow (ii) below. ii.Councilors, staff, or members of the public who wish to be added to the meeting agenda shall contact the City Manager and Chair by close of business on a Wednesday prior to a regular meeting to request inclusion on the agenda. Requests for agenda items from the public must be put in writing to the Manager and Chair. The Chair, in consultation with the City Manager, shall determine the final content of the agenda. If two or more Councilors or, per the City’s charter, a signed petition of more than 15 members of the public request an agenda item, the Chair and Manager must add it to the agenda. iii.The agenda shall indicate the name of the official proposing the item and estimated time required for the item. This time is an estimate only and not guaranteed. iv.Each agenda may contain a “Consent Agenda” section. Items listed on the Consent Agenda may be voted upon collectively. Examples of such items are the minutes of prior meetings, disbursements, routine approvals, approval items from past meetings, and other non-controversial matters. The request of a single Councilor is sufficient cause to remove an item from the Consent Agenda and vote on it separately. v.Each agenda will contain an item on pledge of allegiance, agenda review, public comment, City Manager updates, and Councilor updates. vi.If meetings are to be held remotely or virtually, the log-in information for this meeting shall be included on the agenda. b.At least 48 hours prior to a regular meeting, and at least 24 hours prior to a special meeting, a meeting agenda shall be posted at the following designated public places in the municipality: City Hall/Library, the South Burlington School District, and Healthy Living. At least 48 hours prior to a regular meeting, and at least 24 hours prior to a special meeting, a meeting agenda and supporting materials shall be posted on www.southburlingtonvt.gov. The agenda must also be made available to any person who requests such agenda prior to the meeting. c.All business shall be conducted in the same order as it appears on the noticed agenda, except that any addition to or deletion from the noticed agenda must be made as the 180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov first act of business at the meeting. No additions to or deletions from the agenda shall be considered once the first act of business at the meeting has commenced. Any other adjustment to the noticed agenda (for example, changing the order of business or postponing or tabling actions) may be made by a majority vote of the body. Article 5: Council Meetings. a.Regular meetings shall take place on the first and third Mondays of the month at 6:30 p.m. at the Auditorium at 180 Market Street or remotely/virtually as allowed under State Statute or action. b.Special meetings shall be publicly announced 24 hours in advance by giving notice to all members of the body; to an editor, publisher or news director, or radio station serving the area; and to any person who has requested notice of such meetings in writing. In addition, notices shall be posted at City Hall and the following designated places in the municipality: the South Burlington School District and Healthy Living. c.Emergency meetings may be held without public announcement, without posting of notices, and without 24-hour notice to members, provided some public notice thereof is given as soon as possible before any such meeting. When practicable under the circumstances, members will be given at least 12 hours’ notice. Emergency meetings may be held only when necessary to respond to an unforeseen occurrence or condition requiring immediate attention by the public body. d.A member of the body may attend a regular, special, or emergency meeting by electronic or other means without being physically present at a designated meeting location, so long as the member identifies him or herself when the meeting is convened, and is able to hear and be heard throughout the meeting. Whenever one or more members attend electronically, voting that is not unanimous must be done by roll call. While allowed by State Statute or action, meetings may take place fully electronically or virtually assuming that the meeting is properly warned and the electronic access to the meeting is included in the warning. e.In accordance with 1 V.S.A. § 313, the body may convene in Executive Session as needed. f.The Council shall follow the most recent version of Robert's Rules of Order when a particular action or procedure is not addressed by these Rules of Procedure or the City Charter. Article 6: Public Participation in Council Meetings. a.All meetings of the body are meetings in the public, not of the public. Members of the public shall be afforded a reasonable opportunity to express opinions about matters considered by the body, so long as order is maintained according to these rules. b.The Chair or presiding chair can limit the time of the public comment, or the time an individual is allowed to speak, to ensure the timely work of the body. It is the intention that at least ten minutes be allocated for public comment at the beginning of each meeting. This may be expanded if needed. 180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov c.During each agenda item, the Council will first hear from staff or the official presenting the item and then have discussion among themselves. At the end of discussion of each agenda item, but before any action is taken by the public body at each meeting, there must be time afforded for open public comment. d.Comment by the public or members of the body must be addressed to the Chair (or presiding chair) or to the body as a whole, and not to any individual member of the body or public. e.Comment by the public must first start with the individual’s name and connection to South Burlington. No anonymous comments will be accepted. Chat on virtual meeting platforms will be disabled and not part of the public record. f.Members of the public must be acknowledged by the Chair or presiding chair before speaking. g.If a member of the public has already spoken on a topic, he or she may not be recognized again until others have first been given the opportunity to comment. h.Order and decorum shall be observed by all persons present at the meeting. Neither members of the body, nor members of the public, shall delay or interrupt the proceedings or the peace of the meeting or interrupt or disturb any member while speaking. Members of the body and members of the public are prohibited from making personal, impertinent, or threatening remarks. i.Members of the body and members of the public shall obey the orders of the Chair or other presiding member. The Chair or presiding chair should adhere to the following process to restore order and decorum of a meeting, but may bypass any or all steps when he or she determines in his or her sole discretion that deviation from the process is warranted: i.Call the meeting to order and remind the members of the applicable rules of procedure. ii.Declare a recess or table the issue. iii.Adjourn the meeting until a time and date certain. iv.Order the constable or police to remove disorderly person(s) from the meeting. v.If virtual, may remove a participate from the meeting if behavior is disrespectful or unruly. Article 7: Constituent Relations. As elected officials, members of the public will look to City Councilors as a primary point of contact for issues that concern the city or the community. When talking with constituents, Councilors must avoid speaking on behalf of the Council except to refer to an action previously adopted. Councilors must refrain from negotiating or giving the appearance of negotiating on behalf of the city without explicit Council delegation of authority. The City Manager is responsible for allocating resources, assuring services are provided, and staff management. Communication about these should be directed to the City Manager. 180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov Article 8: Electronic Communications and Public Records. All communication by a Councilor discussing City business is considered public and is subject to Vermont Public Records Act requests. The Councilors are provided an email address from the City of South Burlington. This email address should be used for all City business and is the property of the City. All messages from and to this account must be saved. Email can be used to file a report or schedule a meeting. All discussion and debate should take place in an open session of the Council. Article 9: Media Relations. Members of the media may contact Councilors for a quote or for perspective on an issue facing the City. Councilors may speak on the Council’s behalf only if authorized to do so by the Council. The Council’s policy perspective is usually publicly communicated by the Chair or a specific councilor delegated by a vote of the full Council. Questions and inquiries related to day-to-day operations, personnel, or legal issues should be directed to the City Manager. Article 10: City Staff. The City Manager is the primary contact between the Council and City staff. To the extent that Councilors are reaching out to staff directly for information, the Manager should be copied on the communication. The Council cannot provide direction to staff. To the extent that Councilors have general questions, responses will be provided directly to the Councilor who asked the question. To the extent that Councilors ask questions about history, for details on operations, or other general implementation questions, this information will be shared with the full Council. Article 11: Emergency Response. City staff are charged with responding to and managing the scene of emergency situations. During emergencies, staff’s foremost concern is managing the situation and keeping the City and residents safe. In these instances, the Manager will be the primary contact between City staff and the Council. Should a situation escalate to the point of requiring an exceptional need for coordinated effort that cannot be managed at the scene, an Emergency Operations Center (EOC) will open. It may become necessary to convene the Council in order to address needs or provide for a coordinated information process with residents and/or media. Should this occur, the Manager will notify the Council. Article 12: Effective Date. This policy shall become effective immediately upon its adoption by the South Burlington City Council. Submitted by: _______________________ ____________________ Jessie Baker, City Manager Date Approved by: 180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov __________________________ Helen Riehle, Council Chair __________________________ Meaghan Emery, Vice-Chair __________________________ Tim Barritt, Clerk __________________________ Thomas Chittenden, Councilor __________________________ Matt Cota, Councilor MEMORANDUM TO: South Burlington City Council Jessie Baker, City Manager FROM: Amanda S. E. Lafferty, Deputy City Attorney FOR: 2021-08-17 City Council meeting RE: Proposed Net Metered Solar Project, 600 Spear St. The Vermont Public Utility Commission’s (“PUC”) jurisdiction includes applications for net-metering systems greater than 50kW that are not roof-mounted photovoltaic systems or hydroelectric facilities. However, applicants must provide notice to the municipal planning commission and legislative body 45 days before they file an application so that these entities may file, if desired, inquiries or comments with the applicant. Once the applicant files a complete application with the PUC, the City Council will have an opportunity to file comments with the PUC. The application must include a document that summarizes any comments and recommendations received in response to the 45-day notice and responds to the issues raised. The document also must state either what steps the applicant has taken to address those issues or why the applicant is unable to do so. Spear Street Solar, LLC (“applicant”) has provided the required pre-application notice for a proposed 500 kW solar electric generation facility on property located at 600 Spear Street, copy enclosed. Generally, applicant proposes a solar array in 15 rows over a 1.6-acre portion of a lot that has been designated as a “brownfield”. If Council desires to make any inquiry or to provide comments, please remove this item from the consent agenda for discussion later in this meeting. City of South Burlington City-Wide Reappraisal 2021 Martha Lyons, Director of Tax Collection and Assessment South Burlington City Council Meeting August 17, 2021 Historic Values 0.3% 1.32% 0.8% 1.41% Reappraisal Process •2006 –Last City-wide Reappraisal •2017 –City Assessor identified low Coefficient ofDispersion for commercial properties which prompts RFPfor reappraisal services •2018 –City receives zero proposal responses forcommercial-only reappraisal •2019 –The CLA (Common Level of Assessment) droppedto 86.1% triggering a city-wide reappraisal •July 2019 –Tyler Technology, Inc. selected as only bidderfor city-wide reappraisal •September 2019 –Reappraisal launches •June 2021 –Reappraisal finalized Results: 21-22 Grand List (per 100) •21-22 Municipal Grand List $40,231,028.93 •Residential/Condo Parcels 7,016 •Residential/Condo GL Value $25,710,863.00 •Commercial Parcels 713 •Commercial GL Value $14,520,165.93 •FY 22 City Budget to be raised by taxation ($)$17,496,341.55 •Pre-reappraisal FY 22 Tax Rate 0.5567 •Post-reappraisal FY 22 Tax Rate 0.4350 Comparison: 20-21 Grand List (per 100) •FY 21 Municipal Grand List $30,779,277.33 •Residential/Condo Parcels 6,982 •Residential/Condo GL Value $13,133,105.00 •Commercial Parcels 669 •Commercial GL Value $17,646,172.33 •FY 21 City Budget to be raised by taxation ($)$17,052,845.23 •FY 21 Municipal Tax Rate 0.5542 •FY 22 Municipal Tax Rate 0.5567 Comparison: Total Value 95.55% 17.66% 31% Comparison: Share of Budget Raised through Taxation by Property Type 13,133,105.00 17,646,172.33 20-21 Grand List by Property Type Residential/Condo Commercial (57.33%) (42.67%)(36.09%) (63.91%) Comparison: Homestead vs. Non-Homestead (59.30%) (40.70%)(38.95%) (61.05%) Summary of Impacts •Grand List total increase 31% •Avg. increase in Residential Property values 27.31% •Avg. Increase in Condo Property values 17.66% •Avg. Residential Home Value $432,720 •Median Residential Home Value $388,800 •Avg. Condo Value $289,865 •Median Condo Value $246,500 •Avg. Commercial Value $20,364,889.10 •FY 22 Municipal tax rate decrease -21.86% •FY 22 Property tax change for Avg. Residential -$16.49 •FY 22 Property tax change for Avg. Condo -$55.58 •FY 22 Property tax change for Avg. Commercial -$58,253.15 Change of Appraisal Notice & Grievances •Residential/Condo change of appraisal notices were mailed June 4, 2021 •Commercial Change of Appraisal Notices were mailed June 16, 2021 •Tyler Technology received 494 residential/condo and 203 commercial grievances •Tyler Technology failed to send out approximately 100 result of grievance notices •Grievances concluded in early July and the tax-rate was set at the July 23 special meeting Board of Civil Authority •Of 494 residential/condo grievances, 75 have appealed to the BCA •Additional time given those whose result of grievance notices were delayed •Of 203 commercial grievances, 10 have appealed to the BCA 180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov To: South Burlington City Council From: Jessie Baker, City Manager Leadership Team Date: August 10, 2021 Re: Policy Priorities and Strategies Process Planning In a council-manager form of government, staff must implement the City Council’s policies and priorities. I recommend that annually staff and Council spend time together ensuring that we are all making clear and intentional decisions about the policy priorities of the City and the implementation strategies we will use to achieve this vision. This should include engagement of the City’s professional staff (“Leadership Team”), the City’s policy boards and commissions, and the Council. My understanding is that the commissions are familiar with annual workplans and in previous years the Council has done its own workplan. The goal is to build upon these past models in order to produce a city-wide workplan for the Council, staff, and commissions. In this document, I will review some concepts, review the resources already in place, and outline a process we could use to come to a shared workplan over the next few months. Over time, I recommend we undertake this process annually (in June) to ensure that the Council, staff, and commissions’ work is best aligned to meet community goals. Roles and Responsibilities 180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov Current Policy Direction The Council has already approved a series of policy documents for the City. Primarily, those include the annual budget and the City’s Comprehensive Plan as well as ongoing resolutions and active votes. This process is not meant to rehash past policy positions but organize and prioritize them with other positions and articulate concrete steps towards implementation. As an organizing principle, I recommend we start with ensuring we maintain our core government services and look to the principles outlined in the Comprehensive Plan. The City's 2016 Comprehensive Plan lays out four guiding principles (or policy statements) for the community. It states: Here and into the Future, South Burlington is... •Affordable and Community Strong - Creating a robust sense of place and opportunity for our residents and visitors. •Walkable - Bicycle and pedestrian friendly with safe transportation infrastructure. •Green & Clean - Emphasizing sustainability for long-term viability of a clean and green South Burlington •Opportunity Oriented - Being a supportive and engaged member of the larger regional and statewide community. As the Leadership Team puts together a set of recommendations for the Council to consider, we will also take into consideration: •Policy directions provided through past Council Resolutions •The objectives and strategies outlined in the Comprehensive Plan •Regulatory requirements we know are on the horizon for specific service areas •The Annual Workplans developed by the committees and commissions. As we get up to speed this year, this will be reviewed during committee meetings in August and September. Prioritization Process and Timeline There are almost unlimited ways municipal government (elected official and professional staff) can positively impact community. Therefore, with these policy priorities in place, it’s imperative that we think strategically about how best to implement these and how we allocate our finite resources to those ends. I recommend we work together to build out a shared workplan that follows this model: Role of Council "This is the vision for our community" Policy Area Description Related Policy Statement Source Role of City Manager and Leadership Team "This is how we are accomplishing this vision." Implementation Strategy Description Responsible Teams Timeline Role of City Committee "This is how our resident committees can help." Committee Action 180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov The full workplan will be organized horizontally. See the attached pdf for a full spreadsheet in an easier to view format. Once built-out and approved by the Council, staff would provide monthly updates to the Council and use this as a foundation for the annual budget process. Each year, Commission’s workplans would be aligned to these priorities and, annually, the Council and Leadership Team would come back together to check-in and update these shared expectations. To start this process, I recommend the following timeline: Date Task Responsible Party August 4, 2021 Leadership Team reviews process Jessie & Leadership Team August 17, 2021 Council reviews process and provides feedback to the City Manager Council & Jessie August 18 – September, 2021 Leadership Team builds out FY22 Policy Priorities & Strategies Recommendations Jessie & Leadership Team September 7, 2021 Council approves process and requests Commissions provide feedback Council & Jessie August, September and early October 2021 Commissions discuss past and future work and provide summaries to the Council – This will also serve as Annual Report submittals and CIP requests. Staff Liaisons & Commissions Mid October 2021 Proposed Policy Priorities and Strategies Recommendations finalized Jessie & Leadership Team End of October 2021 (10/23? 10/30?) Council & Leadership Team Retreat to review and prioritize policy priorities and strategies for FY22. Agenda for the day to include: •Welcome and overview – Jessie •Representation of the community we serve –Jessie •Area review by policy – Leadership Team •Brainstorming exercise – All •Prioritization exercise – Council •Wrap up and Gratitude – Jessie Council & Leadership Team 180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov Date Task Responsible Party November 15, 2021 FY22 Policy Priorities and Strategies approved by Council Jessie & Council Starting in January Monthly updates on Priorities to Council Jessie & Leadership Team April 2022 Process starts again June 2022 FY23 Policy Priorities and Strategies are approved by Council PolicyImplementation StrategyArea Description Related Policy Statement Source Description Responsible Teams Timeline FY22 Reporting Committee ActionAffordable and Community Strong Creating a robust sense of place and opportunity for our residents and visitors.Comp PlanWalkable Bicycle and pedestrian friendly with safe transportation infrastructure.Comp PlanGreen & Clean Emphasizing sustainability for long‐term viability of a clean and green South BurlingtonComp PlanClimate Change Resolution ResolutionOpportunity Oriented Being a supportive and engaged member of the larger regional and statewide community.Comp PlanRole of City Committee"This is how our resident committees can help."City of South BurlingtonFY22 Policy Priorities & StrategiesDRAFT ** DRAFT ** DRAFTRole of CouncilRole of City Manager and Leadership Team"This is the vision for our community""This is how we are accomplishing this vision." PolicyImplementation StrategyArea Description Related Policy Statement Source Description Responsible Teams Timeline FY22 Reporting Committee ActionRole of City Committee"This is how our resident committees can help."City of South BurlingtonFY22 Policy Priorities & StrategiesDRAFT ** DRAFT ** DRAFTRole of CouncilRole of City Manager and Leadership Team"This is the vision for our community""This is how we are accomplishing this vision."Core Municipal ServicesFY22 BudgetFY22 BudgetAdministration 180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov Climate Action Plan Task Force Charter Adopted: August 17, 2021 The City of South Burlington, under its Charter authority in § 13-307(4) and aligned to Resolution #2017- 14A “City Council Resolution on Climate Change” and Resolution #2021-10 “Resolution for Policymaking to Reduce Carbon Emissions and Counteract Climate Change,” hereby establishes the Climate Action Plan Task Force. This Task Force is a task-oriented body stood up for the sole purpose of working with the CCRPC and the Vermont Climate Council to develop a Climate Action Plan for the City of South Burlington that addresses the targets previously set by the Council through resolution and by the State of Vermont through state statute. The objective of this Task Force is to recommend to the Council within a year of the approval of this charter the adoption of a Climate Action Plan that identifies a series of strategic pathways that most realistically achieve the State and City’s climate goals for South Burlington. This body operates within the laws of the State of Vermont, the South Burlington City Charter, and observes Vermont’s Open Meeting Laws. The Task Force has no supervisory authority over City staff, budgetary authority, or authority to give permission on behalf of the City to outside groups. Consultants and City staff will bring State guidance and best practices to the Task Force for consideration. With this Charter, the Task Force is authorized to assign work to the following City Committees to the ends of completing the Climate Action Plan: the Affordable Housing Committee, the Bicycle and Pedestrian Committee, the Economic Development Committee, the Energy Committee, and the Natural Resources and Conservation Committee; and to coordinate with the Planning Commission on the Plan’s completion. City Committees included in this Charter are asked to prepare for this work in their workplans throughout the duration. Following the adoption of the Climate Action Plan, the Council will further task staff and committees with implementing the strategies outlined in the Plan. Membership shall be comprised of seven voting members appointed by the City Council. The Committees shall recommend members and the Council shall appoint members according to this formula: •1 current member of the Affordable Housing Committee •1 current member of the Bicycle and Pedestrian Committee •1 current member of the Economic Development Committee •2 current members of the Energy Committee •1 current member of the Natural Resources and Conservation Committee •1 current member of the Planning Commission Members shall serve for a two-year term or until the Council adopts a Climate Action Plan, whichever comes first. The Task Force’s work focuses on policy planning around addressing climate change at the local level. To that end, Task Force members will demonstrate some familiarity with climate change principles and local governance structures. Given the policy role in advising the Council, a commitment to principles of equity and inclusion are paramount. This Task Force will be co-supported by a Council Liaison, appointed on an annual basis from the City Council, and a Staff Liaison appointed on an annual basis by the City Manager. These individuals are non- voting members of the Task Force. Established on this 17th day of August, 2021. South Burlington City Council South Burlington City Manager ______________________________________ _____________________________ Helen Riehle, Chair Jessie Baker, City Manager ______________________________________ Meaghan Emery, Vice-Chair ______________________________________ Tim Barritt, Clerk ______________________________________ Thomas Chittenden, Councilor ______________________________________ Matt Cota, Councilor TO: Jessie Baker, City Manager FROM: Ilona Blanchard, Community Development Director SUBJECT: Indoor Recreation Center DATE: August 12, 2021 BACKGROUND: For almost two decades, the City has been pursuing a new indoor recreation center. Since the beginning of the millennium, three feasibility studies have been undertaken. In 2019, the City hired a design team led by Freeman French Freeman and including bh+a, a New England firm specializing in recreation centers, to undertake the development of schematic and contract drawings, and to administer the construction of an indoor recreation center at Veterans Memorial Park. This team conducted an online survey, held focus groups and public workshops and presentations, and completed a schematic design and opinion of probable cost (see attached .pdf presented to the Council in 2019). An operational plan was also begun in the early winter of 2020. This project was paused, and then put on hold as the COVID-19 pandemic set in. At this point staff plans to complete this phase of the project in preparation for a Council decision this winter regarding a ballot question in March. Status and Timeline As with all projects, the Indoor Recreation Center has three phases: conceptual, design, and construction. Conceptual Phase. The indoor recreation center is near the completion of the conceptual phase – this includes bidding out and contracting with a design team, public outreach, design to approximately 30% (site, building schematic, volumes), onboarding of a construction manager, development of a cost estimate for bonding purposes, and Council authorization of a ballot question for the public to vote on debt for the project. Background, Continued, Page 2 Design Phase. Public approval of debt would initiate the design phase, which includes permitting, completion of the construction contract documents, value engineering/pricing, the Construction Manager putting the project out to bid, and Council approval of a contract with the Construction Manager for a Guaranteed Maximum Price (GMP) based on the contract documents. If debt is approved in March 2022, the goal would be to complete this phase in the following winter (2023). Construction Phase. Approval of the GMP will initiate this phase. It will include the ground breaking for construction, all aspects of construction, fit-up and furnishing, and ribbon cutting. This project is estimated to have a minimum 18-month construction period (2023-2024/25). Timeline. At this time a March 2022 vote is achievable. To reach this, the Council will need to approve a construction manager contract by October (staff will put a request for proposals out in August), provide direction on the magnitude of the facility (in October and following additional public outreach), review project funding plan and debt structure (December 21) and approve a debt question for the March ballot (latest regularly scheduled Council meeting, January 17th, 2022). The Project With three hard courts and a 1/3 size turf court, the Indoor Recreation Center meets many programming needs for the South Burlington community – including pickleball, ultimate frisbee, basketball, and training for baseball, soccer, and other turf sports. It also includes an indoor three-lane track, flex studio space, indoor and park bathrooms and changing rooms, storage space, offices, and parking. The project includes does not fully meet needs for indoor turf programming, and plans for, but does not meet identified needs for aquatic programming and a full indoor turf field, a teen center or maker space. As mentioned in the phasing discussion in this memo, and covered in the 2019 presentation to Council, the magnitude of the project will need to be addressed by the Council this fall in order to provide direction on the cost and features, overall scale and needs to be met. The planned recreation center has slightly more square feet of floor area and much more volume than the 180 Market Street project, but is still a smaller (size and cost) project than the Airport Parkway wastewater treatment facility - the largest City project undertaken to date. Part of the schematic phase post-COVID update will include Background, Continued, Page 3 examining the feasibility of reversing HVAC system fresh air flows from ceiling down to floor up. The project will result in a LEED certified building and meet or exceed Vermont’s Energy Stretch Code. Efficiency Vermont is an important partner on the Design Team. As part of the schematic phase, national and international healthy occupant building standards were also examined for compliance opportunities. Operations This project is estimated to require 8.7 FTE when fully operational. A preliminary operations plan has been developed, but is still in draft form. Estimated costs include programming, customer service and custodial staff; and a myriad of operational costs, from banking and insurance to utilities and a capital replacement fund. Estimated revenues include admissions and passes, rentals, and special events among other items. In the past, the City has recovered all program costs but not capital or staffing costs, but these are all included in the model to be transparent about potential future costs. In this building, at a first glance, it is estimated that the City will be able to recover slightly more than half of total costs (program, staff, and building operation and maintenance). Costs and Funding Options This is a CIP project (attached) and is tracked in a special fund. To date funds expended have been a mix of sources. The FY 22 budget includes 1) funding for Freeman French Freeman’s completion of the schematic design and 2) a construction management firm to complete a cost estimate for bonding purposes (this firm’s contract would include the potential to construct the project as a future phase). This year’s pre- construction costs are being tracked in the special fund in order to reimburse the City out of bond proceeds at a future date (consistent with municipal bond statutes). In order to illustrate potential fiscal impacts of undertaking this project in a preliminary fashion, a model was developed to look at spending through pre-construction, construction, and opening, and to understand how these various costs would affect the tax rate. Note that these the model, all costs, and revenues are preliminary. It is built from the architectural team’s opinion of cost completed in 2019. Much work needs to be done to determine actual costs (see schematic phase discussion and Background, Continued, Page 4 additional considerations re: bond rates, construction materials). The two funding models include an optimistic bond for a thirty- year term (described as “low low”), with a rate that if the City had gone out to bond last week we would have received, and a conservative one (described as “low” that shows the rate the City would have received with a thirty-year term with an interest rate from 2019. An Indoor Recreation Reserve Fund for the capital portion of costs (within the Council purview to create), is modeled to show how funding increase to the tax rate may be gradually implemented over four to five years (between ¾ to 1 ½ cent per year in these models) to avoid a single jump in taxes. An additional variable is delayed principal payments, which is a tool that may be employed to match annual expenditures to projected availability of revenues. Revenues such as a public facility impact fee, capital campaign, grants, new or existing taxes such as the local options tax and other revenue sources are not incorporated into the model. The last page of the model calculates the annual increase to the average and median homeowner in South Burlington per the new Grand List. The model is high level, it does not take into account grand list growth, inflation or other factors. Within ten to 15 years or so of project completion, the amount of revenue required to service debt would begin to decline and the rate required would also decline. ATTACHMENTS: •Schematic Design (presented to Council November 2019) •Project CIP page FY 22 •Preliminary Draft Funding Model (capital and operations) RECOMMENDATION: Listen to the briefing, ask questions, confirm current direction. ADDITIONAL CONSIDERATION Bond Rates – Bond rates today are particularly low. In February of 2019, when the City took out a 30-bond for 180 Market Street, the net interest cost was 3.7%. This was at the time considered a near historic low. If that bond were taken out today, that interest cost would be over 1.0% less at a net interest rate of 2.27%. Note that rates fluctuate on a daily basis, and by the time debt is taken out may rise again, however, the longer the project is delayed, the more likely the rates will be higher. Lower interest rates reduce annual costs dramatically. For example, a 30-year bond rate of 3.77% - Background, Continued, Page 5 typical in 2018 - while still very low, would have a peak annual payment of 1.4 M, and total lifetime cost of 35.3M (undiscounted), while a 30-year bond at today’s rate of 2.7% would have a peak annual payment of $1.1 M and total lifetime cost of $28.1M (undiscounted). Playing Court Access – Prior to the COVID-19 pandemic, City access to courts was intermittent. Programming options were limited to times during which schools or the District were not using gyms for classes, events, tournaments, afterschool programming, and summer camps. This fully shut out day programming and many evening programs. Since COVID- 19, the City has not had access to gym spaces. In addition, the elementary schools do not have changing facilities appropriate for adults or public locker spaces. Number of residents per facility. The 2021 National Recreation and Parks Association collects data from 1000 park and recreation agencies annually for an Agency Performance Survey. Per the 2021 report, the community recreation and parks agency for communities’ population 1-20,000 and under, 63.9% managed a recreation center. Of these, on average they managed one recreation facility per 9,045 residents. Construction cost variability. Currently there is high volatility in the construction materials market, although non-residential construction bid prices have seen only modest increases (3.4%). This material cost uncertainty is related to many factors – beginning prior to COVID shut downs, tariffs had just been imposed on many construction materials, since then there was the disruption of the Suez Canal, ice storms in Texas, and other events. As with any project, the City Council will have several points at which to consider costs, including the ballot question, bonding, and the guaranteed maximum price construction contract. GENERAL FUND - ADMINISTRATION CAPITAL IMPROVEMENT PROGRAM EXPENDITURE PROJECT:Indoor Recreation Facility 0 N/A DEPARTMENT/STAFF CONTACT: FINANCIALS (in $1,000)Prior Years FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 FY 28 FY 29 FY 30 FY 31 Reserve ten-years: Project Financing Costs (Estimated): Studies, Design, Engineering, Inspection, GC, Legal 164 75 1,700 1,700 3,475 Land Acquisition - Construction 6,000 11,000 17,000 Furniture & Equipment 700 700 City Debt Service - 882 1,401 1,387 1,375 1,361 1,346 1,328 1,311 1,299 11,690 To Indoor Recreation Reserve Fund 300 600 900 1,000 1,300 1,300 1,300 1,300 1,300 9,300 9,300 TOTAL ESTIMATED COSTS:164 75 8,400 12,700 - - - - - - - 9,300 21,175 20,990 Funding Sources (Estimated): General Fund 300 600 900 1,000 1,300 1,300 1,300 1,300 1,300 9,300 Grant/Capital Campaign/Developer Contribution - - - - City Debt Proceeds 164 75 8,400 12,700 - - - - - - - 21,175 Reserve Fund - - 794 1,261 1,248 1,237 1,225 1,212 1,195 1,180 1,169 10,521 Recreation Impact Fee Public Facilities Impact Fee - - 88 140 139 137 136 135 133 131 130 1,169 Other TOTAL ESTIMATED PROJECT FUNDING:164 75 8,400 12,700 - - - - - - - 21,175 TOTAL ESTIMATED DEBT SERVICE FUNDING:- - 882 1,401 1,387 1,375 1,361 1,346 1,328 1,311 1,299 11,690 TOTAL RESERVE FUNDING:- - 300 600 900 1,000 1,300 1,300 1,300 1,300 1,300 9,300 STATUS: A conceptual plan is 95% complete, including an operational plan. A construction manager would need to be brought on board prior to developing a cost estimate for a vote. DESCRIPTION: Build indoor recreation courts, multi-purpose activity room and offices for recreation purposes at Vet Memorial Park. Concept includes multi-use courts (basketball, four square, pickleball, etc.), a walking track, and a small indoor turf field, and one activity room, locker/changing/bath rooms and offices. The site includes an expansion site for a swimming pool and larger turf field, but these items are excluded due to cost.OPERATING BUDGET IMPACT: A cost recovery study is underway, current model is 0% staff, 100% program cost.JUSTIFICATION: There is currently limited quality recreation space available for many residents in particular demographics. General public utilization of school indoor space had been limited (and was becoming more so) pre- COVID, reducing the City's ability to meet demand for programming.AVG ESTIMATED SAVINGS PER YEAR: FINANCIALS COMMENT: Opportunity for new impact fees/capital campaign (shown but not established), also capital campaign or other donor arrangement. AVG ESTIMATED REVENUES PER YEAR: City Manager's Office/Ilona Blanchard Council Approved (January 4,2021) FY 2022-2031 Capital Improvement Program - South Burlington, VT Page 96 of 144 PRELIMINARY HIGH LEVEL FUNDING MODEL FOR INDOOR RECREATION CENTERAll Numbers Estimated, Final Numbers to refined and presented for Council Consideration, Discussion, and Vote Throughout Fall/WinterProject Capital Phase CostsFY21 FY22 FY23 FY24 FY25 FY26 FY27 FY28 FY29 FY30 FY31 FY32Concept $164,000 $75,000Design$1,100,000Construction$5,000,000 $10,000,000 $5,000,000RevenueDebt Proceeds ‐ $21,399,000 (2019 Schematic)$15,000,000 $6,399,000ANNUAL GENERAL FUND EXPENDITURES AND REVENUESFY 23 FY 24 FY 25 FY 26 FY 27 FY 28 FY 29 FY 30 FY 31 FY 32Two Models of Debt Service ExpendituresDebt Payment 30 year bond @ 2.27% interest(two years interest only payment)$65,354 $301,455 $889,132 $1,099,616 $1,095,941 $1,091,421 $1,085,890$1,079,359 $1,071,913Debt Payment ‐ 30 year Bond @ 3.77% interest(interest rate from 2018)$652,795 $1,278,363 $1,417,205 $1,403,344 $1,388,535 $1,372,799 $1,356,175 $1,338,721 $1,320,454Estimated Operations CostDRAFT 2019 Operations: New Staff & Operations, incl. Cap Replacement Fund $233,000 $932,000 $932,000 $932,000 $932,000 $932,000 $932,000 $932,000modeled as a flat rateOccupancy first quarter 2025Estimate Operations RevenuesDRAFT 2019 Operations ‐ user/program fees, rentals, etc. $0 $527,000 $527,000 $527,000 $527,000 $527,000 $527,000 $527,000(note: first quarter reduced for introductory offers, etc.)Net Annual Estimated Operations Cost$0 $233,000 $405,000 $405,000 $405,000 $405,000 $405,000 $405,000 $405,000Revenue set at zero in initial fiscal year)REVENUES NOT MODELED: Public Facilities Impact Fee; Local Options Tax; Capital Campaign10 Year Funding Models Using Indoor Recreation Center (IRC) Reserve FundFY 23 FY 24 FY 25 FY 26 FY 27 FY 28 FY 29 FY 30 FY 31 FY 32Low Low Interest Bond ‐ Tax Rate Funding Modelfor 30‐Year Bond @ 2.27% interest & OperationsDebt Service Tax Increase (in cents) by year2 5/8 cents total1 1/2 1/4 7/8Annual General Fund Transfer$402,310 $603,465 $704,043 $1,056,064 $1,056,064 $1,056,064 $1,056,064 $1,056,064 $1,056,064Operations Tax Increase1 cent total1/2 1/2 0Amount Raised$201,155 $402,310 $402,310 $402,310 $402,310 $402,310 $402,310 $402,310Annual Cost total $402,310 $804,620 $1,106,353 $1,458,374 $1,458,374$1,458,374 $1,458,374 $1,458,374 $1,458,374Projected Total Tax Increase by Fiscal Year in cents: 3 5/8 cents over four years 1 1 3/4 7/8FY 23 FY 24 FY 25 FY 26 FY 27 FY 28 FY 29 FY 30 FY 31 FY 32Low Interest Bond ‐ Tax Rate Funding Modelfor 30‐Year Bond @ 3.77% interest & OperationsDebt Service Tax Rate Increase (in cents) by year3 1/4 cents total1 1 1/2 1/2 1/4Annual General Fund Transfer to IRC Reserve Fund $402,310 $1,005,775 $1,206,930 $1,307,508 $1,307,508 $1,307,508 $1,307,508 $1,307,508$1,307,508 $1,307,508Operations Tax Increase1 cent total1/2 1/2 0Amount Raised$201,155 $402,310 $402,310 $402,310 $402,310 $402,310 $402,310 $402,310Annual Cost TotalIRC transfer plus operations$1,005,775 $1,408,085 $1,709,818 $1,709,818 $1,709,818 $1,709,818 $1,709,818 $1,709,818 $1,709,818Projected Total Tax Increase by Fiscal Year in cents: 4 1/4 cents over four years 1 1 1/2 1 3/4 0 AVERAGE AND MEDIAN HOME COST for 3.77% Interest Bond Debt Service (using IRC Reserve Fund) and Annual OperationsFY 23 FY 24 FY 25 FY 26 FY 27 FY 28 FY 29 FY 30 FY 31 FY 32Grand List Value ‐ HousePotential annual cost to homeownerMedian$388,800 $39 $97 $136 $165 $165 $165 $165 $165 $165 $165Average $432,720 $43 $108 $151 $184 $184 $184 $184 $184 $184 $184Grand List Value ‐ CondominiumMedian $245,500 $25 $61 $86 $104 $104 $104 $104 $104 $104 $104Average$289,865 $29 $72 $101 $123 $123 $123 $123 $123 $123 $123 South Burlington Land Trust dedicated to preserving South Burlington’s forests, wetlands, farmlands and other natural areas through landowner preservation agreements and other conservation vehicles to maintain city residents’ high quality of life. South Burlington Land Trust Inc. is a 501 (c) (3) non profit organization: Tax ID # 75-3133866. 500 Cheese Factory Rd., South Burlington VT 05403 Jessie Baker, So. Burlington City Manager So. Burlington City Hall 180 Market St. So. Burlington, VT 05403 Dear Ms. Baker, The South Burlington Land Trust respectfully asks for the opportunity to address the South Burlington City Council as part of their agenda on Monday, Aug. 2, 2021. We would like to present a power point (attached). The essence of the presentation is a proposal we would ask be put before the voters to boost the funds contained in the Open Space (Conservation) Fund. The reasons for the proposal are many, but chief among them are the identification of priority open spaces through the interim zoning process, the fact that we do not yet have an action plan to respond to these findings before interim zoning is completed, the desire to demonstrate the City's continued commitment to conservation options for land owners, and last but most important, the need to respond locally to the global climate emergency which has become so much more imperitive in the past year. The key elements of the proposal are: 1) A temporary increase of 4 cents on the municipal tax rate 2) The increase to be for four years only 3) The increased funds to be used solely for the purchase of open space and natural resource land 4) A special election in October to bring this opportunity to the voters 5) The timing of the vote intended to focus attention on this hugely important issue and establish an action plan prior to the completion of IZ 6) The City CAN pursue both open space conservation and development goals and enhance the quality of life all our citizens should be able to enjoy Thank you for considering our request to bring this before the Council and ultimately before the voters. Sincerely, Sarah L. Dopp, President of the South Burlington Land Trust Board of Directors President Sarah Dopp Treasurer Michael Mittag Secretary Karen Ryder Janet Bellavance John Bossange Alyson Chalnick Rosanne Greco Allan Strong 4 For Four How to raise $6 million for land conservation and climate change mitigation This proposal is to ASK THE VOTERS through a special election in October to temporarily increase the open space fund by 4 cents for four years to purchase natural resource lands and mitigate climate change impacts Why? ➢Respond to key information that came to light during Interim Zoning ➢Respond to the climate emergency -drought, heat waves, flooding, fires, etc Why Now? ➢Leave a legacy for our children ➢Plan NOW for a sustainable future ➢Finish the work of Interim Zoning S. Burlington Citizens Consistently Support Land Conservation Bolduc, V. 2018. South Burlington Exit Poll, Midterm Elections, November 6, 2018. https://cms6.revize.com/revize/southburlington/Planning/Project%20Docs/Exit%20Poll%20PP%202018%20Bolduc%20Final.pdf In 2018, 82% of residents said they would be willing to pay an extra $100 in property taxes to tackle climate change Brief History of South Burlington’s Conservation Fund ➢2000: Voters approved a 1 cent permanent tax for a Conservation Fund (Open Space Fund)to preserve open land and natural areas (currently raises approximately $310K annually) ➢2005-2018: City purchased the Leduc Farm (with partners, SB $500K), Scott Property (SB $970K), Goodrich Property (SB $62.5K), Underwood Property (SB $1.66M), Auclair Farm (with partners SB $606K) ➢2008: Alteration #1:Use of CF money approved to purchase land for recreational as well as conservation purposes ➢2010: Alteration #2:Use of 5% of CF money approved for maintenance of land ➢2016: Alteration #3:Approved borrowing $1.3 M over 10 years to fund enhancement projects on open lands and natural areas; debt to be repaid from CF money (not to exceed 50% annually) Land conservation has positive effects on the climate, the environment, the economy, and society Photo: Elizabeth Milizia Conserving Land Mitigates Climate Change Impacts ➢Cooling temperatures through preserving shade trees and decreasing impervious surfaces ➢Sequestering carbon in trees, soils, grasslands, wetlands ➢Decreasing extreme weather events like flooding, heat domes, fires Climate change is impacting Vermont NOW (air quality, algae blooms, drought, flooding) South Burlington needs to be proactive and prepared for these challenges Conserving Land has Environmental Benefits ➢Forests: erosion control, nutrient cycling, carbon sequestration, air purification ➢Wetlands and riparian habitat: mitigation of heavy rainfall/snowmelt events, sediment and nutrient retention, water purification, erosion control ➢Grasslands: pollinator habitat, soil accretion, bird habitat ➢Soil conservation: carbon sequestration, nutrient cycling, food production ➢Biodiversity: ecological balance minimizes destructive non-native species Conserving Land has Social Benefits ➢Gift to the next generation ➢Recreational opportunities ➢Spiritual well-being ➢Mental and physical health ➢Cleaner air and water ➢Nutritious food from fertile soil ➢Reduced sprawl, traffic congestion, traffic pollution and less fossil fuels use Social benefits of open lands became obvious during the pandemic Conserving Land has Economic Benefits ➢Non-market value of ecosystem services provided by 20 priority parcels deliver between $5 million to $16 million in benefits annually ➢Cumulative values over next twenty years is conservatively estimated at $73 million to $240 million ➢Vermont study found that every state dollar invested in land conservation returned $9 in natural goods and services ➢Ecosystem services are fundamental to a functioning economy ➢Growth in the City budget is not sustainable Sources:: Molden, O., Fletcher, A., Cousins, K. Natural Capital Valuation of Interim Zoning Open Space Parcels for the City of South Burlington, Vermont. 2020. Earth Economics. Tacoma, WA: Erickson, J., and J. Roman. 2015. Economics of Conservation in Vermont. Final Report to the Vermont Agency of Natural Resources. Available online at https://fpr.vermont.gov/sites/fpr/files/Recreation/Learn_More/Library/Economics%20of%20conservation%20report%20final7_8_15.pdf. 4 For Four Proposal ➢Adding 4 cents for four years accrues approximately $6 million ➢Provides the city money to purchase some high priority lands ➢Signals that South Burlington is serious about land conservation ➢Gives landowners more options for their land ➢Steers future development to city growth areas ○Minimizes sprawl, traffic congestion, and disproportionate demands on city services ○Does not stop development ➢South Burlington Land Trust will partner with the city to help the public understand the proposal and advocate for voter approval What will this cost city tax payers? ➢Additional four cents will increase the ○median condo tax by $33 per tax bill ($99 annually) ○median single family home tax by $52.60 per tax bill ($158 annually) ➢Less than $9/month for condo owners and less than $14/month for single family homeowners Conclusion ➢South Burlington has conducted a rigorous three year process to identify natural resource lands and ways to conserve them ○Open Space IZ Committee identified the highest valued lands to conserve ○To date, City has no plan on how to conserve these priority lands ➢Purchasing land is feasible and fair to all ➢SBLT requests the Council use the democratic process and allow the voters to decide South Burlington can be a leader in the climate crisis Conserving land creates a cleaner, affordable, healthier future -NOW IS THE TIME TO ASK THE PEOPLE- SIXTH ASSESSMENT REPORT Working Group I –The Physical Science Basis Regional fact sheet –North and Central America Common regional changes •North and Central America (and the Caribbean) are projected to experience climate changes across allregions, with some common changes and others showing distinctive regional patterns that lead to uniquecombinations of adaptation and risk-management challenges. These shifts in North and Central Americanclimate become more prominent with increasing greenhouse gas emissions and higher global warminglevels. •Temperate change (mean and extremes) in observations in most regions is larger than the global mean andis attributed to human influence. Under all future scenarios and global warming levels, temperatures andextreme high temperatures are expected to continue to increase (virtually certain) with larger warming innorthern subregions. •Relative sea level rise is projected to increase along most coasts (high confidence), and are associated withincreased coastal flooding and erosion (also in observations). Exceptions include regions with strong coastalland uplift along the south coast of Alaska and Hudson Bay. •Ocean acidification (along coasts) and marine heatwaves (intensity and duration) are projected to increase(virtually certain and high confidence, respectively). •Strong declines in glaciers, permafrost, snow cover are observed and will continue in a warming world (high confidence), with the exception of snow in northern Arctic (see overleaf). •Tropical cyclones (with higher precipitation), severe storms, and dust storms are expected to become moreextreme (Caribbean, US Gulf Coast, East Coast, Northern and Southern Central America) (medium confidence). Results expanded in the Interactive Atlas (active links) Projected changes in seasonal (Dec–Feb, DJF, and Jun–Aug, JJA) mean temperature and precipitation at 1.5°C, 2°C, and 4°C (in rows) global warming relative to 1850–1900. Based on CMIP6 using the SSP5 8.5 scenario to compute the warming levels. SIXTH ASSESSMENT REPORT Working Group I –The Physical Science Basis Central and Western North America (CNA and WNA) •Increases in drought and fire weather in WNA and CNA in observations and will continue to increase in the future particularly at higher warming levels (high confidence, but medium confidence for fire weather in CNA) •Projected increase in extreme precipitation (very likely) •Projected increase in river and pluvial flooding (medium confidence) •Projected increases in precipitation in northern part of CNA in winter (medium confidence). Northern North America (NWN and NEN) •Temperature increases are projected to be very large compared to the global average, particularly in the winter(high confidence). •Will experience annual precipitation increases (mean and extremes, high confidence) and in December– February (likely) snow amount in far northern parts of subregions (also see Introduction and Polar Fact Sheets). Links for further information: Common Changes Box: TS.4.3.1, TS.4.3.2.6 Central and Western North America: TS.4.3.2.6, Table TS.5, Atlas.9.5, 12.4.6 Northern North America: TS.4.3.2.6, Atlas.9.5, 12.4.6, 12.4.9Eastern North America: Atlas.9.5, Table TS.5, 12.4.6 Northern, Southern Central America and the Caribbean: TS.4.3.2.4, TS.4.3.2.6, TS.4.3.2.7, Atlas.9.5, Atlas.10.5 12.4.4, 12.4.6 and 12.4.7 Northern, Southern Central America and Caribbean (NCA, SCA, and CAR) •Anticipated decrease in NA Monsoon precipitation (medium confidence). •Mean annual and summer precipitation is likely to decrease, throughout the subregions but with large uncertainty regarding amount. •Observed increase in droughts in NCA, SCA, and CAR, and these will continue in the future (high confidence). •Fire weather is projected to increase in NCA (high confidence) and SCA (medium confidence). •Projected temperature increases will be similar to the global mean change in Central America, but less than the global mean in CAR. Eastern North America (ENA) •Increases in mean and extreme precipitation (very likely). •Expected increase in river and pluvial flooding (medium confidence) Projected changes in number of days with daily maximum temperatures over 35ºC in summer at 1.5°C, 2°C, and 4°C (in rows) global warming relative to 1850-1900. Based on CMIP6 using the SSP5 8.5 scenario to compute the warming levels. Results expanded in the Interactive Atlas (active links) FY YearGrand List 22Four Cents Two Cents One Cent Half Cent2022 40,231,028,930.00$ 1,609,241,157.20$ 804,620,578.60$ 402,310,289.30$ 201,155,144.65$ 2023 1 40,682,823,384.88$ 1,627,312,935.40$ 813,656,467.70$ 406,828,233.85$ 203,414,116.92$ 2024 2 41,139,691,491.50$ 1,645,587,659.66$ 822,793,829.83$ 411,396,914.91$ 205,698,457.46$ 2025 3 41,601,690,226.95$ 1,664,067,609.08$ 832,033,804.54$ 416,016,902.27$ 208,008,451.13$ 2026 4 42,068,877,208.19$ 1,682,755,088.33$ 841,377,544.16$ 420,688,772.08$ 210,344,386.04$ 2027 5 42,541,310,699.24$ 850,826,213.98$ 425,413,106.99$ 212,706,553.50$ 2028 6 43,019,049,618.39$ 860,380,992.37$ 430,190,496.18$ 215,095,248.09$ 2029 7 43,502,153,545.61$ 870,043,070.91$ 435,021,535.46$ 217,510,767.73$ 2030 8 43,990,682,729.93$ 879,813,654.60$ 439,906,827.30$ 219,953,413.65$ 2031 9 44,484,698,096.98$ 889,693,961.94$ 444,846,980.97$ 222,423,490.48$ 2032 10 44,984,261,256.61$ 899,685,225.13$ 449,842,612.57$ 224,921,306.28$ 2033 11 45,489,434,510.52$ 454,894,345.11$ 227,447,172.55$ 2034 12 46,000,280,860.08$ 460,002,808.60$ 230,001,404.30$ 2035 13 46,516,864,014.14$ 465,168,640.14$ 232,584,320.07$ 2036 14 47,039,248,397.02$ 470,392,483.97$ 235,196,241.99$ 2037 15 47,567,499,156.51$ 475,674,991.57$ 237,837,495.78$ 2038 16 48,101,682,172.04$ 240,508,410.86$ 2039 17 48,641,864,062.83$ 243,209,320.31$ 2040 18 49,188,112,196.26$ 245,940,560.98$ 2041 19 49,740,494,696.22$ 248,702,473.48$ 2042 20 50,299,080,451.66$ 251,495,402.26$ 6,619,723,292.46$ 8,560,304,765.17$ 6,606,285,651.97$ 4,532,998,993.88$ Municipal Revenue Projections from Various Tax Rate IncreasesTotal Revenue FY Year Pre‐Reappraisal GL 2020 Four Cents One Cent 2022 30,779,277,330.00$ 1,231,171,093.20$ 307,792,773.30$ 2023 1 31,124,928,614.42$ 1,244,997,144.58$ 311,249,286.14$ 2024 2 31,474,461,562.76$ 1,258,978,462.51$ 314,744,615.63$ 2025 3 31,827,919,766.11$ 1,273,116,790.64$ 318,279,197.66$ 2026 4 32,185,347,305.08$ 1,287,413,892.20$ 321,853,473.05$ 2027 5 32,546,788,755.31$ 325,467,887.55$ 2028 6 32,912,289,193.04$ 329,122,891.93$ 2029 7 33,281,894,200.67$ 332,818,942.01$ 2030 8 33,655,649,872.55$ 336,556,498.73$ 2031 9 34,033,602,820.62$ 340,336,028.21$ 2032 10 34,415,800,180.29$ 344,158,001.80$ 2033 11 2034 12 2035 13 2036 14 2037 15 2038 16 2039 17 2040 18 2041 19 2042 20 5,064,506,289.93$ 3,274,586,822.71$ Comparison: Pre‐reappraisal Total Revenue Four Cents 4‐years Two Cents 10‐years One Cent 15‐years Half Cent 20‐yearsAvg Residential 432,720.00$ 173.09$ 692.35$ 86.54$ 865.44$ 43.27$ 649.08$ 21.64$ 432.72$ Median Residential 388,800.00$ 155.52$ 622.08$ 77.76$ 777.60$ 38.88$ 583.20$ 19.44$ 388.80$ Avg. Condo 289,865.00$ 115.95$ 463.78$ 57.97$ 579.73$ 28.99$ 434.80$ 14.49$ 289.87$ Median Condo 246,500.00$ 98.60$ 394.40$ 49.30$ 493.00$ 24.65$ 369.75$ 12.33$ 246.50$ Avg. Commercial 20,364,889.10$ 8,145.96$ 32,583.82$ 4,072.98$ 40,729.78$ 2,036.49$ 30,547.33$ 1,018.24$ 20,364.89$ Impacts to Average Taxpayer by Property Type 180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov TO: Jessie Baker, City Manager, City of South Burlington FROM: Ashley Parker, City Project Manager Cc: Andrew Bolduc, Deputy City Manager SUBJECT: Summary of Existing City-Owned Open Space & Natural Areas DATE: August 17, 2021 The purpose of this memo is to summarize the acreage of open spaces and natural areas within South Burlington, according to use type and ownership. Within the City of South Burlington, approximately 1,582.19 acres have been designated as open space, or 15% of the City’s total land area. This breaks down further into various types of ownership and uses. For this summary, staff pulled definitions to differentiate types of open space from the updated South Burlington Land Development Regulations (effective December 28, 2020), the City’s 2016 Comprehensive Plan, and the final report of the 2014 Open Space Committee. These definitions are noted for reference on the next page. City staff are in the process of reviewing data related to open space and natural area land throughout the City to better understand the amount of land currently owned by the City, different types of open space and natural area parcels in the City, and the types of uses allowed at various open space and natural area parcels in the City. The data provided in this memo closely matches the information provided in a map created by the Chittenden County Regional Planning Commission (CCRPC) as part of the Planning Commission’s work on revising the City’s environmental standards and regulations, but it is still under development and does not match that data exactly. The CCRPC’s “Current and Draft Environmental Standards” Map that highlights parks, cemeteries, and conserved land in the City is included in this memo. When reviewing this data, it is worth noting that it is still a work in progress. There are parcels missing from this data set, and various uses of open space have not been considered to-date. This includes some open space land that is currently in use for stormwater treatment. Many types of stormwater treatment facilities should be considered as serving important ecological and habitat functions, in addition to any water quality function. For this summary, staff considered stormwater parcels that do not provide access to the public for passive recreation but provide these other important natural resource benefits as working lands. Stormwater facilities with these characteristics that were installed in the last two years have not been incorporated into this data set yet. Additional parcels that may be missing are those open spaces that are often designated as such during the development review process as part of a development. The current data set may be missing parcels 180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov designated as open space in this manner from the last two years. In this summary, these lands would fall under the use type “open, common, passive”. South Burlington Open Space/Natural Area Summary Parcel Use Type Acres Parcel Ownership Acres Open, public, passive 963.19 City 562.49 Open, public, active 482 WVPD 76.8 Open, public, working 112.4 SBSD 115 Open, common, passive 21.5 UVM 80 Open, common, active 3.1 Private 747.9 Total: 1582.19 Total: 1582.19 South Burlington Open Space Definitions – Open Space: Land maintained in essentially an undisturbed, natural state for purposes of resource conservation, and/or maintaining forest cover; or that is enhanced and managed for outdoor recreation and civic use, working lands, or local food production. Open space must be of a quality and size that supports its intended function or use. Open space specifically excludes streets, parking areas, driveways and other areas accessible to motor vehicles. (SB LDRs effective 12/28/2020) Open space, common. Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents or employees of the development, and may include such complementary structures and improvements as are necessary and appropriate. (SB LDRs effective 12/28/2020) Open space, public. Open space owned in fee or by the City, a public agency, land trust, or non- profit organization and maintained for the use and enjoyment of the general public, health, safety, and welfare of the general public, habitat preservation, agriculture or urban agriculture, or preservation of other public goods such as landscape or scenic vista preservation. (SB LDRs effective 12/28/2020) Active Recreation: Active recreation areas generally provide one or more facilities geared towards physical activity, such as ballfields, basketball and tennis courts, playgrounds, rinks, beaches, and tracks. (2016 SB Comp Plan) 180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov Passive Recreation: Passive recreation areas such as tracts of lands with walking and hiking trails, undesignated fields, picnic sites, and viewing areas. They may be associated with natural areas, active recreation, or may be their own sites. (2016 SB Comp Plan) Working Lands: Any lands that directly contribute to the ecological and economic health of the region through active management for cultivation or harvest, or which is open and used to directly support public health, security and well-being. (2014 Open Space IZ Report) 127 127 EthanAllen Homestead ShelburneRdQueenCity Park ShelburneRd2 PearlSt SpearStWillistonRd Colchest er Ave SWillardStCentennial Woods Universityof Vermont Burlington International Airport Winooski Winooski Park Burlington 89SwiftSt Kennedy Dr DorsetStDorsetStHinesburgRdCheesefactory RdSpearStSpearSt BarstowRd StGeorgeRdWillistonRd ShelburneRdShelburneRdBurlington CountryClub Brownell Mountain Veterans MemorialPark TwinOrchards South Burlington H.Laurence AchillesNatural Area Ma ple StLincolnSt EssexRdParkStMai n StEssexHigh School EssexJunction 89EssexRd S tGeorgeRdTaftsCorner KirbyCorner Williston City of South Burlington - Conserved & Open Land Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community, Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community City Boundary Park or Cemetery or Conserved Area 8/9/2021, 3:11:20 PM 0 0.85 1.70.42 mi 0 1 20.5 km 1:72,224 City of South Burlington VCGI, Earthstar Geographics | Chittenden County RPC, VCGI, Esri Canada, Esri, HERE, Garmin, SafeGraph, INCREMENT P, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA | City of South Burlington Open Space Conservation Fund Acquisitions 2001-Present Property Scott Leduc Goodrich Underwood Auclair Parcel #0085-00250_MUN 0360-00800 & 0360-00300 0860-R1159_L 1640-01600_L 0860-01731F & 0860-01751 911 Address 250 Autumn Hill Road 300 & 800 Cheesefactory Rd 860 Meadowland Dr.1600 Spear Street 1731 & 1751 Hinesburg Road Acreage 40 81 (SB only)22 58 375 Zoning District(s)SEQ-NRP SEQ-NRP SEQ-NRP SEQ-NR & SEQ-NRP SEQ-NR & SEQ-NRP Current Owner City of South Burlington Bread & Butter Farm Green Acres City of South Burlington Dirt Capital / Vermont Land Trust Type of Purchase Fee simple Conservation Permanent Public easement Fee Simple Conservation City Contributions $970,000 $500,000 $62,500 $1,660,000 $606,000 Year funds expended 2005 / 2007 2009 2011 2012 2018 Direct Acres 40 81 22 58 40 Indirect Acres 0 60 (Shelburne)0 0 335 Taxes Presently paid n/a $604 $18,226*n/a $8,424 # of homes on property 0 0 0 0 0 # of parking spaces 0 0 0 0 0 Trail amounts n/a Access easement from Cheesefactory Rd to Scott Property Trail along Muddy Brook n/a Access easements along Muddy Brook, between Brook and Rt 116, and across parcel to Scott Property Amenities to public To be determined; currently passive recreation Nearby Parking area Currently Passive Recreation Planned Parking area & intent for community programming Management Plans None yet developed Farm Property Draft Wetlands enhancement plan Underwood Master Plan Farm Property Stipulations for use Per Conservation Fund Permanent Agricultural Easement held by VT Land Trust Public access, wetland enhancement Per Conservation Fund Option for conservation of ~40 acres; intent for full conservation & farm use save 15 dwelling units across 3 properties * Total parcel is 147 acres and includes a quarry & structures MEMORANDUM TO: South Burlington City Council Jessie Baker, City Manager FROM: Amanda S. E. Lafferty, Deputy City Attorney FOR: 2021-08-17 City Council meeting RE: Update on Wheeler Nature Park conservation The Vermont Land Trust recently provided the “first draft” of a proposed Memorandum of Understanding (“MOU”), copy of which follows. The MOU will describe the Wheeler Nature Park parcel (the “Park”), the ultimate goals of the legal instrument that will conserve the Park and the process the City and the Vermont Land Trust will follow to reach agreement on a final conservation easement. City Staff has commenced the review of the MOU for accuracy and completeness (for example, the northerly end of the easterly boundary line of the land identified on the orthophoto map as Park will shift to the east slightly) with the goal of presenting a final MOU at the September 7, 2021, City Council meeting. ______, 2021 Andrew Bolduc Deputy City Manager / Treasurer City of South Burlington City Hall, 180 Market Street South Burlington, Vermont 05403 Re: Memorandum of Understanding – Wheeler Nature Park Conservation Project Dear Andrew: It is very exciting to be working with the City of South Burlington on the conservation of the City-owned Wheeler Nature Park property. This letter summarizes our shared goals, the process for the conservation project, and the assorted responsibilities of Vermont Land Trust (VLT) and the City. The goal of this letter is to clearly communicate our mutual objectives and expectations to make as smooth a process as possible. Our experience has been that it is helpful to document these shared goals now to avoid confusion or misunderstandings. Background and Project Goals The Wheeler Nature Park property is a treasured community asset that supports mixed forestland, grasslands, shrublands, and wetlands, and provides easy access to the natural world to South Burlington residents and visitors. The Park has approximately two miles of pedestrian trails that provide opportunities for hiking, snowshoeing, and cross-country skiing. The property is also used by students and teachers for outdoor education. The City property includes a “Homestead Area,” which hosts more intensive uses and structures, including the Calkins/Wheeler House, community gardens, a tree nursery, parking areas, and a planned new dog park. As discussed below, the Homestead area will be excluded from the bounds of the conservation easement. In 2011, the City of South Burlington voted to exchange 7.25 acres of the Park for 21.27 acres of adjacent land. This vote called for the City Council to permanently protect the “new” Wheeler Nature Park with a third-party conservation easement. The City of South Burlington and Vermont Land Trust’s shared goal is to conserve the undeveloped core of the Wheeler Nature Park property as a 8 Bailey Avenue Montpelier, VT 05602 (802) 223-5234 (802) 223-4223 fax vlt.org ________________ REGIONAL OFFICES 54 Linden Street Brattleboro, VT 05301 (802) 251-6008 226 Bridge Street P.O. Box 850 Richmond, VT 05477 (802) 434-3079 171 Scott Farm Road Newport, VT 05855 (802) 748-6089 The King Farm 128 King Farm Road Woodstock, VT 05091 (802) 457-2369 community resource with the multiple purposes of protecting the property’s natural features, biological diversity, water quality, productive forestland and fields, and opportunities for outdoor recreation, education, and other community uses. Project Structure and Conservation Configuration Approximately 107 acres of the Wheeler Nature Park property will be conserved with a permanent conservation easement to be conveyed from the City of South Burlington to VLT. The land to be conserved will exclude approximately 10 acres that host the more intensively- used Homestead area (see enclosed map). VLT and the City will work together to finalize the exact boundaries of this excluded area to avoid conflicts with these areas and uses. The conservation easement will be drafted using VLT’s standard conservation easement for municipally-owned lands (see enclosed standard conservation easement). The City of South Burlington will continue to manage the property under a Management Plan developed by the community in a manner that is consistent with the conservation easement. The conservation easement includes special protections for land within 50 feet of streams and wetlands within the forested and naturally-vegetated portions of the property. While some management is allowed within these areas, any management must be done in a manner that maintains the ecological benefits of the stream or wetland area. Legal Work and Closing VLT will manage preparations for legal work and closing, all in collaboration with the City and its attorney. This work will include securing a title search, drafting the conservation easement and related documents for City review, mapping the property for the conservation easement map (not a survey), and preparing a “baseline documentation report” to document the current condition of the property at the time of conservation. Costs associated with these VLT efforts are included in the budgeted project costs (see budget below). The City of South Burlington will be responsible for any title clearing necessary to ensure a clear title, making any necessary updates to the Wheeler Nature Park Management Plan to ensure consistency with the conservation easement, review of legal documents, and collaborating with VLT on its tasks described above. Third-Party Interests, Hazardous Materials, Dumps or Trash Sites It is important for VLT to be aware of any legal interests currently held by another party (leases, timber rights, mineral rights, easements, etc.). Please inform me of any existing liens or rights held by others on the property. As described above, VLT will be commissioning a formal title search, but it is helpful at this stage for us to know of any third-party interests of which you are aware. I am aware that there is a Prime Agricultural Soils mitigation site on the property. Many properties have sites where trash or other materials have been deposited on the land. Because adding to these sites is prohibited by the conservation easement, it is important for us to be aware of pre-existing sites where this has occurred. Project Expenses and Financial Summary The completion of the conservation of the Wheeler Nature Park property entails certain costs that must be covered in order for Vermont Land Trust to proceed. These expenses help to cover the VLT staff and out-of-pocket expenses to develop the conservation easement and meet the due diligence, documentation, and long-term stewardship requirements necessary and required for VLT’s accreditation by the Land Trust Alliance. A portion of these project costs will be used to establish a conservation easement stewardship endowment fund, which will be held for VLT by the Vermont Community Foundation to ensure VLT has the necessary resources to make good on our promise to uphold the conservation easement into the future. The total VLT project expenses for the Wheeler Nature Park Conservation Project to be covered at closing is $41,200. This total budget includes $25,000 toward VLT’s conservation easement stewardship endowment. We understand that the City of South Burlington will pay VLT for these costs at closing of the conservation easement. Any expenses related to the City’s role, such as expenses for the City’s attorney or any necessary title clearing, will be the responsibility of the City. Timing The City of South Burlington and VLT will work together toward a goal of completing the conservation of the Wheeler Nature Park property by the end of June, 2022. It is very exciting to be working with you to protect forever such a treasured community asset. With my signature below, I thank you again, and agree to all of the above. If I have accurately summarized our roles, please join me in signing this letter. Sincerely, Approved: Bob Heiser Duly Authorized Agent Date Champlain Valley Regional Director City of South Burlington Enclosures: Wheeler Nature Park Conservation Map Standard VLT Conservation Easement for Public Lands Service Layer Credits: ©2021 MicrosoftCorporation © 2021 DO NOT DELETE T HIS TEXT THIS MAP IS NOT A SURVEY This map is not a survey or subdivision plat, and should not be used or construed for such purposes. It was prepared withoutthe benefit of field measurements or extensive title research. Itis intended solely to assist the owner(s) of the conserved land and the holder(s) of the conservation easement in the admin-istration and interpretation of the conservation easement by clearly depicting the presumed boundaries of the protectedproperty, calculating the approximate acreages, and showing the approximate locations of any excluded lands, farmstead orhomestead complex, farm labor housing complex, or specialtreatment areas. I Exhibit AProperty:Location: 8 Bailey Avenue Montpelier, VT 05602 Orthophoto Map VermontLand Trust Wheeler Nature ParkSouth Burlington Wheeler Nature Park Excluded 0 1,000 2,000500Feet 1:8,099 MEMO To: Jessie Baker, City Manager From: Justin Rabidoux, Director of Public Works Date: August 10, 2021 Re: VTrans Response to Speed Limit Study Request for Hinesburg Road (State Route 116) SUMMARY On December 31, 2020, then City Manager Kevin Dorn, at the request of the City Council, sent a letter to VTrans (see attached) asking the State to perform a speed limit review of Hinesburg Road. Hinesburg Road is a state-owned and operated highway (State Route 116) and any changes in its speed limit are made by VTrans. VTrans conducted the study and replied to the City with a letter on August 3, 2021 (see attached). Their recommendations (shown graphically below as well as attached) are: 1.To extend the 30-mph zone south to Kennedy Drive. 2.Make minor adjustments to the 35/40-mph transition zone south of the I-89 overpass. 3.To extend the 45-mph zone 500 feet south to provide greater distance from the Van Sicklen Road intersection. 4.They also recommended the City consider increased enforcement activity, if possible. The State-defined process for how speed limits are set on State-owned highways is as follows, from the VTrans web site: How are speed limits set? Speed limits on state highways are set by the Vermont Traffic Committee, made up of the Secretary of Transportation, the Commissioner of Motor Vehicles, and the Commissioner of Public Safety, on the basis of an engineering study performed by the Agency of Transportation. A town’s governing body (typically the select board) may request a change in speed limit on a state highway by writing a letter to the VTrans Traffic Operations Engineer, who is the staff coordinator for the Traffic Committee. The letter should include a description of the particular concerns, especially if they are seasonal or at a particular time of day. The Committee meets about three times per year, and the town and other interested parties may present testimony at the meetings. Speed limits must, by law and in accordance to the federal Manual on Uniform Traffic Control Devices (MUTCD), be set on the basis of an engineering study. The study will take into account the current speeds, particularly the 85th percentile speed, which is the speed below which 85 percent of the drivers are traveling. In a sense, drivers “vote” with their right foot. The speed limit should be set at the 85th percentile speed, rounded to the nearest 5 mph, unless there are other factors that necessitate a different speed limit (hazards that drivers are not perceiving correctly, for which other mitigation measures have already been implemented or are not feasible). Such factors include roadway geometry such as curves or limited sight distance, parking or pedestrian activity, or a high occurrence of crashes related to excess speed. Other mitigation measures could include improving sight distance, adding warning signs, increasing enforcement activities, installation of radar speed feedback signs, restricting parking, or improving pedestrian facilities. An engineering study can result in a recommendation to raise the speed limit, based on the prevailing speeds and an absence of crash history due to excessive speed. The Traffic Committee is meeting on August 23 at 1:00 and our Hinesburg Road request is on the agenda. Staff wanted to gauge the Council’s opinion of the recommendations so we may properly represent the City at the Committee meeting. At this point, we see three options for the Council to consider. 1.The Do Nothing option, basically withdraw the original request and leave the speed limits as they are today. 2.Accept VTrans’ recommendations as laid out in their August 3 letter and detailed in this memo. 3.Ask for modifications to the changes. One possible modification would be to reduce the speed limit by 5-mph throughout the entire corridor. So instead of having a speed limit that gradually increased per the VTrans recommendation from 30 – 35 – 40 – 45 – 50, we could ask for a limit that started at 25 at the northern end of Hinesburg Road and increased to 30 – 35 – 40 – 45 at the same transition points, thus capping the speed limit at 45, instead of 50 as it exists now and is proposed. RECOMMENDATION Staff recommends the City Council provide direction to inform the City’s testimony at the Traffic Committee meeting. List of attachments 1.12/31/20 K Dorn Letter to VTrans requesting speed limit study 2.8/3/21 VTrans response letter with study results and recommendations 3.Map showing existing speed limits with prevailing speeds and VTrans recommended changes State of Vermont Agency of Transportation Operations & Safety Bureau 2178 Airport Rd [phone] 802-371-8827 Barre, VT 05641 [fax] 802-828-2437 vtrans.vermont.gov [ttd] 800-253-0191 August 3, 2021 Jessie Baker City Manager, City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: Speed Limit, VT-116, South Burlington Dear Ms. Baker: This letter is in response to the City’s December 31, 2020 letter requesting a review of the speed limits on VT-116 in South Burlington in its entirety (from the Williston Town Line to Williston Road). The Traffic Operations unit has conducted an engineering study of the roadway. We found the 85th percentile speed (the speed below which 85% of traffic is traveling) between Hiddenmeadow Lane and Van Sicklen Road, in the 50-mph speed zone, to be 60 mph. In the 45-mph speed zone the 85th percentile speeds were recorded at 53 mph between Van Sicklen Road and Dubois Drive, and 54 mph between Dubois Drive and Fox Run Lane. In the 40-mph speed zone, the 85th percentile speeds were recorded at 52 mph between Meadowland Drive and the I-89 overpass. And in the 35-mph speed zone, the 85th percentile speeds were recorded at 45 mph between Old Farm Road and Hayes Avenue, 43 mph between Winding Brook Drive and Deane Street, and 42 mph between Sunset Avenue and Simpson Court. With the proposed installation of three pedestrian crosswalks on the section of roadway between Kennedy Drive and Williston Road, and the density of residential homes in this area, Traffic Operations recommends the speed limit be lowered to 30-mph extending northerly from Kennedy Drive to Williston Road. We also will make a minor adjustment to the 35/40-mph transition south of the I-89 overpass, placing the signs opposite each other. In addition, we recommend extending the 45-mph speed zone approximately 500 feet to the south, to provide greater distance from the intersection with Van Sicklen Road. Based on observed speeds during our study, we also recommend the town consider increased enforcement activity, if possible. We will forward this recommendation to the Vermont Traffic Committee, who makes the final decision. This topic will be on the agenda of the next Traffic Committee meeting on Monday August 23, 2021, at 1:00 pm. The meeting will be conducted in a hybrid format, with Committee members and the public having the option to attend either in-person or remotely. You will be receiving an email invite with a link for the virtual meeting, and the in-person meeting will be held in the Dill Building at 2178 Airport Road, Berlin VT. You may forward this link to others who request to attend, and there will also be a call-in option available. Please attend if you wish to present testimony on behalf of the town. If you have any data you would like to share, please do so through email prior to the meeting. Please do not hesitate to contact me at (802) 371-8827 or at ian.degutis@vermont.gov if you have any questions or require additional information, or with any questions or concerns regarding the hybrid format of this meeting. Sincerely, Ian Degutis, PE, PTOE Traffic Operations Engineer cc Dave Blackmore, DTA, AOT District 5 (via e-mail: david.blackmore@vermont.gov) Eleni Churchill, Chittenden County Regional Planning Commission (via e-mail: echurchill@ccrpc.org) Amy Bell, VTrans Planning Coordinator (via email: amy.bell@vermont.gov) File, via K. Driscoll Posted Speed: 50 mph85th Percentile Speed: 60 mph Posted Speed: 45 mph85th Percentile Speed: 53 mph Posted Speed: 45 mph85th Percentile Speed: 54 mph Posted Speed: 40 mph85th Percentile Speed: 52 mph Posted Speed: 35 mph85th Percentile Speed: 45 mph Posted Speed: 35 mph85th Percentile Speed: 43 mph Posted Speed: 35 mph85th Percentile Speed: 42 mph CURRENT POSTED SPEED VTRANS PROPOSED SPEED Proposed Speed Limit ChangesVT 116 / Hinesburg Road Change to 30 mphPosted Speed fromWilliston Road toKennedy Drive Align 35/40mph speedzone transition Extend 45 mphzone 500' south 180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov To: South Burlington City Council From: Jessie Baker, City Manager Date: August 13, 2021 Re: Committee on Common Areas for Dogs Appointments On July 6, 2021 the Council approved a “Resolution to Establish a Committee on Common Areas for Dogs.” That Resolution states, NOW, THEREFORE, BE IT RESOLVED that the South Burlington City Council does hereby rename the Dog Park Committee the Committee on Common Areas for Dogs. Members will... •Include one member, but not more than two members to act as liaisons from both Recreation & Parks and Natural Resources Committees •Initial appointments shall be comprised of 2 individuals serving 1-year terms, 2 individuals serving 2-year terms, 3 individuals serving 3-year terms. Upon completion of their initial term, Committee members may apply for appointment to another term. •Establish officers (roles of the members) and Open Meeting Law guidelines The current members of the Dog Park Committee that we recommend you appoint to the Committee on Common Areas for Dogs are: •Molly Bezio •Linda Chiasson •Betty Milizia •Muriel More •Sidney Justin Palmer At their meeting on August 4th, the Natural Resources & Conservation Committee recommended their member Lisa Yankowski to serve on the Common Areas for Dogs Committee. The Recreation & Parks Committee will next meet on August 30th and will consider a recommended appointment at that time. We recommend you appoint these six members to the Common Area for Dogs Committee now and at your September 20th meeting consider voting on term lengths and the Recreation & Parks nomination. This will allow the Committee to fully form.