HomeMy WebLinkAboutAgenda - City Council - 11/15/2021AGENDA
SOUTH BURLINGTON CITY COUNCIL South Burlington City Hall 180 Market Street SOUTH BURLINGTON, VERMONT
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Regular Session 6:30 P.M. Monday, November 15, 2021 1.Pledge of Allegiance (6:30 PM)
2.Instructions on exiting building in case of emergency and review of technology options –Jessie Baker, City Manager (6:31 – 6:32 PM)
3.Agenda Review: Additions, deletions or changes in order of agenda items (6:33 – 6:34 PM)
4.Comments and questions from the public not related to the agenda (6:35 – 6:45 PM)
5. Announcements and City Manager’s Report (6:45 – 6:55 PM)
6.Consent Agenda: (6:55 – 7:00 PM)
A.*** Consider and Sign DisbursementsB.*** Approve minutes from October 4, October 18 and October 30,2021 CC Meetings.
C.***Authorize the City Manager to Execute an Agreement for the Vtrans Small-ScaleBicycle & Pedestrian Program Grant to fund the construction of two Crosswalksacross Williston Road (#CA0676, STP BP22(13))D.***Accept a Sewer Easement Deed from Fire District 1 (Queen City Park) to the City
7.***Approve the City's FY22 Policy Priorities & Strategies – Jessie Baker, City Manager (7:00
-7:15 PM)
8.***Hold a Public Hearing on the Tax Increment Finance District Substantial Change Requestwarned for 7:00 PM and consider possible approval of substantial change – Ilona Blanchard,Community Development Director (7:15 – 7:45 PM)
9.***Discussion on Land Development Regulation amendments, data requests, and process –Paul Conner, Planning and Zoning Director (7:45 – 8:00 PM)
10. ***Discuss Vermont Attorney General Opioid Settlement and consider whether to participate in the negotiated opioid settlements – Colin McNeil, City Attorney (8:00 – 8:15 PM) 11. Reports from Councilors on Committee assignments (8:15– 8:25 PM)
12. Other Business (8:25– 8:30 PM) 13. Consider entering executive session for the purposes of discussing pending contract negotiations and receive confidential attorney/client communications regarding the same. (8:30– 8:50 PM) 14. Adjourn (8:50 PM) Respectfully Submitted:
Jessie Baker City Manager
*** Attachments Included
Champlain Water District
Check/Voucher Register - Check Report by Fund
From 11/16/2021 Through 11/16/2021
Check Date Check Number Vendor Name Invoice Description Check Amount Invoice Number
11/16/2021 4330 Champlain Water District - Retail Monthly Invoice 63,624.66 SBWD-379
11/16/2021 4331 Champlain Water District Monthly Wholesale Invoice 57.40 SBWD-372
11/16/2021 Champlain Water District October 2021 Water Consumption 155,310.75 WTRCONSUMPTION103121
11/16/2021 4332 E.J. Prescott Marking Paint 67.97 5942435
11/16/2021 E.J. Prescott Birard Street 68.99 5944095
11/16/2021 4333 Ferguson Waterworks #576 Fire Hydrant Parts 9,595.26 1058369
11/16/2021 Ferguson Waterworks #576 Hydrants 5,314.13 1058369-1
11/16/2021 4334 South Burlington Sewer Department Sewer Billings - october 2021 272,464.33 SEWER-103121
11/16/2021 4335 South Burlington Stormwater Department October 2021 Stormwater Fees 221,910.16 STORMWTR-103121
11/16/2021 4336 Stantec Refund Overpymt on Acct 1358 61.04 REFUND-1358-102821
Total 70 - South Burlington Water
Department
728,474.69
Report Total 728,474.69
70 - South Burlington Water Department
SOUTH BURLINGTON CITY COUNCIL
Page: 1
CITY COUNCIL 4 OCTOBER 2021
The South Burlington City Council held a regular meeting on Monday, 4 October 2021, at 6:30
p.m., in the Auditorium, City Hall, 180 Market Street, and by Go to Meeting remote
participation.
MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, T. Chittenden, M. Cota
ALSO PRESENT: J. Baker, City Manager; A. Bolduc, Deputy City Manager; C. McNeill, City
Attorney; P. Conner, Director of Planning & Zoning; C. Baker, CCRPC; J. Louisos, R. Greco, B.
Sirvis, B. Milizia, M. Mittag, A. Crocker, D. Wheeler, K. Braverman, R. Finkelstein, G. Jelleran, J.
Dinklage, F. Von Turkevich, C. Shaw, J. Hunt, A. Strong, L. Bailey, T. McKenzie
1. Instructions on exiting building in case of emergency:
Ms. Baker provides instructions on exiting the building in the event of an emergency.
2. Additions, deletions or changes in the order of Agenda items:
No changes were made to the Agenda.
3. Comments and questions from the public not related to the agenda:
Ms. Hunt said she was ashamed of her generation which has taken from nature without
conscience and asked that every decision include thought about impact on climate.
Ms. Perry proposed a 24-hour city noise ordinance to protect people from unhealthy noise from
music and other sources.
4. Announcements and City Manager’s Report:
Council members reported on events and meetings they had attended.
Ms. Baker: The Kimball Ave. bridge replacement project is going well and should take 5 more
weeks and be completed on time.
On 12 October, the Economic TIF Council will be in South Burlington for its annual
review.
Ms. Baker advised that she has participated in a Cannabis Control Board forum
with municipal leaders.
CITY COUNCIL
4 OCTOBER 2021
PAGE 2
There are 2 vacancies on the Recreation & Parks Committee because of people
moving out of the city.
These are exciting times for the Library, including a Young Adult Advisory Board.
The Library is still offering curb-side pick-up. Since the Library opened at 180 Market Street,
there are close to 800 new members.
There was a Hazmat incident on I-89 last week when a truck rolled over.
The Police Chief reported that 8 member of the Police Department have
volunteered for a project at St. Michael’s College.
The Steering Committee will meet on 27 October. The Council’s retreat is on 30
October.
Ms. Riehle advised that Ms. Baker has been elected President of the Vermont League of Cities
and Towns.
5. Consent Agenda:
a. Approve and Sign Disbursements
b. Approve minutes from 2 August and 7 September 2021 Council meetings
c. Approve Stormwater System Maintenance Agreement with South Village
Communities, LLC, and South Village Community Association, Inc.
Ms. Emery moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Motion
passed unanimously.
6. Approve an Appointment to the Climate Action Plan Task Force:
Ms. Baker reviewed the history and noted that the Economic Development Committee has
designated Sriram Srinivasan as its delegate to the Task Force.
Mr. Barritt moved to appoint Sriram Srinivasan to the Climate Action Plan Task Force. Ms.
Emery seconded. Motion passed unanimously.
CITY COUNCIL
4 OCTOBER 2021
PAGE 3
7. Consider a Memorandum of Understanding for the conservation easement for the
Wheeler property:
Mr. Bolduc said staff has now fully reviewed the MOU and made a few minor edits from what
the Council previously saw. The terms of the MOU include:
The City will convey to the Vermont Land Trust a conservation easement for 107 acres. This
excludes the homestead property and the portion of the property in the southeast corner that
was part of the J. M. Golf land swap decision.
The Vermont Land Trust will manage all legal work and all mapping of the property. The City will
be responsible for conveying title. The City will pay $16,000 toward closing costs plus $25,000
toward maintenance.
Ms. Riehle asked whether the city retains governance of the homestead piece. Mr. Bolduc said
it does. Ms. Riehle also said she assumed there could be access for motorized wheelchairs
though not for other motorized vehicles.
Ms. Emery asked if the J. M. Golf piece is part of the 107 acres. Mr. Bolduc said it probably will
be, but they haven’t seen all the information on that as yet. Ms. Emery said she assumes the
pasture will be brush hogged appropriately. Mr. Bolduc said that will be part of the discussion
at a future date.
Mr. Cota said he assumes the 107 acres does not include the land for the Dog Park. Mr. Bolduc
said that is correct.
Mr. Bolduc said there are options for where the money for this will come from. These are: from
the Open Space Fund, inclusion in the FY23 budget, and overspending and using the fund
balance from FY22.
Council members favored using the Open Space Fund money for this use.
Mr. Mittag asked the Council to consider using the fund balance since they forgot to budget for
it.
CITY COUNCIL
4 OCTOBER 2021
PAGE 4
Sen. Chittenden then moved to approve the Memorandum of Understanding for the
conservation easement for the Wheeler property. Ms. Emery seconded. Motion passed
unanimously.
The Council affirmed their intention to use money from the Open Space Fund for this use.
8. Receive an Update on the July and August financial statements:
Mr. Bolduc said they are right on target with 11.14% of expenditures (a little below normal) and
30.5% in expected revenues.
Ms. Emery said a number of people have asked about road striping not being done. Mr. Bolduc
said a lot of that happens in-house, some via contract. He explained the priorities and noted
that the Bike-Ped Committee has not weighed in on this as yet. Ms. Emery cited the need to
keep bikers safe.
Ms. Baker said that as the City comes out of COVID and staffing gets back up, the hope is to
focus on this going into FY22.
Mr. Bolduc noted receipt of the July & early August local option tax numbers which look very
good with just a slight lag in the Rooms & Meals tax.
9. (formerly #13): Reports from Councilors on Committee assignments:
Mr. Cota: The update on the drivers’ union vote at Green Mountain Transit will come
tomorrow. GMT is very optimistic.
10. (formerly #14): Other Business:
Sen. Chittenden noted that he attended “Out and About in Essex,” a weekend event, and talked
with the Town Manager. Gift cards were given out to participating stores. It was a great
community event, and Sen. Chittenden said he’d like to consider something like that, possibly
purchasing gift cards with grant money.
Ms. Baker noted the request of a resident to care for an ash tree in front of her home. After
discussion, the city is willing to consider this on a ‘streetwide’ basis via an agreement with a
property owner.
CITY COUNCIL
4 OCTOBER 2021
PAGE 5
Mr. Cota asked if it is known that the pesticide chemical is safe. Ms. Greco said it is being used
in other places. It does kill other insects but not large animals. Cities that use it believe it is
worth it to save a mature tree. She said she can treat the one in her yard, but not the one on
the city street.
Mr. Barritt said he felt people should be able to say “don’t cut it down” until it is diseased. Ms.
Emery questioned whether that could be a liability issue.
Ms. Riehle said her preference is that if there is one individual willing to pay to save trees in
front of her house, let them go forward. If there are 200 people, that would be another
discussion. She was reticent about Mr. Barritt’s idea.
11. (formerly #10): Public Hearing on Proposed Amendments to the Official Map:
Sen. Chittenden moved to open the public hearing. Ms. Emery seconded. Motion passed
unanimously.
Mr. Conner reviewed the history of the proposed amendments. He noted that the first
amendment would remove a road from IDX Drive to Sebring Road. The second amendment
would replace the road between Swift Street Extension to Hinesburg Road with a recreation
path.
Ms. Louisos noted that the road from IDX Drive to Sebring Road was taken out of the
Comprehensive Plan. This amendment will make that official. She then showed the second
location on a map and noted that residents brought this proposed change to the Planning
Commission.
Mr. Dinklage spoke against the 2 amendments, saying that connector roads do not increase
traffic but instead reduce vehicle miles. He added that no one knows what the community’s
needs will be in 20 or more years.
Ms. Bailey agreed with Mr. Dinklage and spoke against removing the potential for a
transportation corridor. She cited the current problems with not having Kimball Avenue
available.
Mr. Mittag favored the amendments and said the Swift St. Ext. was put on the map 40 years ago
before Kennedy Drive, which is now underused. He said there will be 2 other connectors
CITY COUNCIL
4 OCTOBER 2021
PAGE 6
through Cider Mill. The proposed connector would impact the quality of life for those at the
Village at Dorset Park and also the Wheeler Natural Park. The road would also cross a wetland
and a flood plain.
Mr. McKenzie noted some markings on the map in the City Center area that don’t belong there.
Mr. Conner agreed and said those would be corrected.
Mr. Strong favored both changes. He lives on Sebring Rd. and the road would have gone
through his backyard. He also said the Swift St. road would go through important habitat.
Ms. Greco also supported both changes and said the focus should be on the environment, not
on cars. She felt that in the future if something dramatic happens, a road could be built there.
Ms. Crocker supported both changes as they were supportive of conservation.
Mr. Finkelstein supported both changes especially the IDX roadway. He felt it lets UVM know
the city wants the Horticulture Farm there.
Ms. Jelleran felt removing Swift St. Ext. goes along with what the city wants environmentally.
She felt Swift St. has too many curb cuts for such a road, and Kennedy Dr. is well planned.
Mr. Conner showed the two connectors through Cider Mill. One is on the updated city map.
The other is shown as “planned.”
Mr. VonTurkevich supported keeping both roads on the map as the city needs more east-west
connectors. Though he lives on Swift St., he would be willing to tolerate the added traffic. He
noted that the roads don’t have to be built now and didn’t feel the city should “hamstring” the
future.
Ms. Louisos said there are strong policies for connections between neighborhoods, and this was
part of the Planning Commission’s discussions. She noted that if UVM did develop that land,
there are other policies that would assure connectivity.
Sen. Chittenden noted that UVM supports removing the road. He noted that if the road is taken
off the map, it puts the burden of a future road on the city, not on the developer. This is a
benefit to UVM as it removes that burden from them.
CITY COUNCIL
4 OCTOBER 2021
PAGE 7
As there was no further public comment, Mr. Cota moved to close the public hearing. Sen.
Chittenden seconded. The motion passed unanimously.
12. Possible Adoption of amendments to Official Map:
Mr. Barritt said 40 years ago roads were “aspirational.” He felt the Great Swamp road between
Dorset Farms and South Village should never have been done. Ms. Emery agreed.
Mr. Cota said there will be a connection from Cider Mill 1 to 2 but only after the 50th home is
built. The Cider Mill connection to Hinesburg Road is not yet built and will not be built unless
there is more development. He cited the need for connections but agreed with the removal of
Swift St. Ext. He was concerned that the proposed right-of-way is not enough and suggested 30
instead of 20 feet.
Mr. Conner noted that there is only one way in and out of Village at Dorset Park, and the Fire
Chief has said that is not a good situation.
Ms. Louisos noted that some Commissioners and staff did support a wider right-of-way. The
concern was that the city would do “a sneaky thing and build the road.”
Sen. Chittenden said 20 feet does not seem like good planning. He felt it was worth exploring a
wider right-of-way. Mr. Conner said the Public Works Superintendent said a typical rec path
right-of-way is 20 to 40 feet. He also noted that CWD has a right-of-way from Hinesburg Road to
Dorset St.
Mr. Cota noted that if the Hill property were to have more than 50 units, it would have to have 2
egresses onto Hinesburg Road. Mr. Conner said the property has about 1000 feet of frontage
on Hinesburg Rd which is room for one or more connections as well as a connection to Landon
Road.
Ms. Emery moved to adopt the proposed amendment to the City Official Map as presented. Mr.
Barritt seconded. Motion passed unanimously.
13. Receive annual update from the Chittenden County Regional Planning Commission:
CITY COUNCIL
4 OCTOBER 2021
PAGE 8
Mr. Baker drew attention to the list of what CCRPC did for the city last year, some of which is
continuing into this year.
Ms. Riehle asked about the “guard rail inventory.” Mr. Baker said they got a request to do that.
Ms. Riehle noted the issue with homes built right up to I-89 between Exits 13 and 14 and the
request for a noise barrier. Mr. Baker said they will try to address that in the future though it is
not in the current capital plan.
Mr. Barritt asked who the “point person” is for the Regional Energy Planning. Mr. Baker said
there is discussion on how to ensure that State energy codes are being followed. CCRPC has
hired an energy person. Mr. Baker said to let CCRPC know if they need her help. He noted that
there isn’t currently an inspection system to verify that what should be done is what is being
done. Mr. Barritt said it is time to tell all the municipalities what the code should be. Mr. Baker
said he feels the code is not being enforced equitably.
Ms. Emery noted mitigation for part of the shared use path between the city and Williston
where there was incursion into a wetland. She asked if that occurs, is there just a fee to pay.
Mr. Baker said that is the case with the option to create a wetland elsewhere.
Mr. Baker then outlined things that CCRPC is doing regionally including:
a. A legislative forum in December
b. Hiring a team to work on racial equity. There will be a Racial Equity Summit
on 6 November
c. “Building Homes Together,” the affordable housing program, built more
houses than were targeted, but nowhere near enough to address the broken
housing market. They did not build enough affordable units.
d. The hiring of a new staff person to help municipalities with energy projects.
Ms. Emery questioned how the state build empower municipalities to purchase land which
could be gifted to an entity like Habitat for building affordable housing. Mr. Baker said Vermont
has the most robust affordable housing program in the country and cited the efforts of
Champlain Housing Trust.
CITY COUNCIL
4 OCTOBER 2021
PAGE 9
Ms. Greco suggested rehabilitating derelict properties for affordable housing. Ms. Riehle said
that is something the Affordable Housing Committee could look into. Mr. Baker said more could
be done regarding permitting than is being done.
14. Consider entering executive session for the purposes of discussing matters relating
to the City Manager’s Contract:
Mr. Barritt moved that the Council meet in executive session to discuss the employment of a
city official and to include Ms. Baker, Mr. Bolduc, and the City Attorney in the session. Sen.
Chittenden seconded. Motion passed unanimously. The Council entered executive session at
9:00 p.m.
Following the executive session, Mr. Barritt moved to adjourn. Ms. Emery seconded. Motion
passed unanimously. The meeting was adjourned at 9:27 p.m.
_________________________________
Clerk
CITY COUNCIL 18 OCTOBER 2021
The South Burlington City Council held a regular meeting on Monday, 18 October 2021, at
6:30 p.m., in Room 301, City Hall, 180 Market Street, and by Go to Meeting remote
participation.
MEMBERS PRESENT: M. Emery, Acting Chair; T. Barritt, T. Chittenden, M. Cota
ALSO PRESENT: J. Baker, City Manager; A. Bolduc, Deputy City Manager; C. O’Neil, City Attorney,
I. Blanchard, Community Development Director; H. Rees, Recreation Director; B. Sirvis, S.
Dooley, M. Mittag, R. Greco, M. Simoneau, B. Lead,
1. Instructions on exiting building in case of emergency and review of technology
options:
Ms. Baker provided instructions on emergency exiting of the building and reviewed technology
options.
2. Additions, deletions or changes in the order of Agenda items:
No changes were made to the Agenda.
3. Comments and questions from the public not related to the agenda:
Ms. Greco shared information from 2 articles in the Burlington Free Press, one related to a
development in South Burlington and regarding the potential extinction of bumblebees, one
cause of which is pesticides. She felt the development project should include information on
the use of fossil fuels and that pesticides should be banned in the city
4. Announcements and City Manager’s Report:
Council members reported on meetings and events they had attended.
Ms. Baker: The Public Works Department is installing 3 new crosswalks on Hinesburg Road.
The new Firefighters are being introduced to the city through “drive-arounds” in fire
trucks.
The Planning & Zoning Department has posed “spotlights” regarding the new
proposed Land Development Regulations.
CITY COUNCIL
18 OCTOBER 2021
PAGE 2
The Stormwater Department is providing technical support to Shelburne. The
first bills for this support will go out this week. South Burlington is seen as a regional leader in
this area.
Registration in Recreation programs is up. There will be a number of Halloween
activities
The Senior Center is now serving 2 meals a week.
.
The FY21 audit starts this week.
Upcoming meetings include: Pension Committee on the 26, Steering Committee
on the 27th, Allard Square Focus Group on the 28th at 5 p.m. to focus on Mary Street, the City
Council retreat on the 30th.
5. Consent Agenda:
a. Approve and Sign Disbursements
b. Approve Minutes from 20 September meeting
c. Receive All Hazards Mitigation Plan Update
d. Approve an agreement with the Howard Center to Develop and Operate the
Community Outreach Program through 30 June 2027
e. Approve request to apply for a FY22 Municipal Planning Grant to support the
Climate Action Plan development
Ms. Emery suggested removing item “d” so that Mr. Cota could receive a briefing on the
Community Outreach Program.
Mr. Barritt moved to approve Consent Agenda items a, b, c, and e. Sen. Chittenden seconded.
Motion passed 4-0.
Ms. Baker then provided a brief overview of the Community Outreach Program which began in
2018 under the leadership of Kevin Dorn. Shelburne, Williston, Winooski, Colchester, and Essex
are now part of the program and Milton is about to join as well. The aim is to provide
intervention at the lowest possible level at instances of mental issues. The proposed agreement
gives certainty to the program for 5 years.
CITY COUNCIL
18 OCTOBER 2021
PAGE 3
Mr. Barritt asked what happens with events that occur at 2 a.m. Ms. Baker said Howard has a
first call agreement. She noted that officers will often report on an event to Howard for them to
follow up on. Ms. Baker also noted that the City of Burlington has a similar program on Church
Street.
Mr. Barritt then moved to approve Consent Agenda item “d” as presented. Sen. Chittenden
seconded. Motion passed 4-0.
6. Approve appointment to the Climate Action Plan Task Force from the Bike and
Pedestrian Committee:
Ms. Baker noted that the previous appointee cannot serve, and the Committee has nominated
Donna Leban.
Sen. Chittenden moved to appoint Donna Leban to the Climate Action Plan Task Force. Mr. Cota
seconded. Motion passed 4-0.
7. Discuss next steps related to an indoor Recreation Center and provide direction to
staff:
Ms. Blanchard reviewed the history. She said the city has now gone back to the consultant to
initiate a feasibility study at Veterans’ Memorial Park and also to upgrade the existing
schematic. They have also asked for a response to climate change and what can be done in
terms of greenhouse gases.
In response to some voiced concerns, the city has also been looking at commercial sites along a
developed corridor. They have talked with the City Assessor regarding land values and have
found they are in the million dollar range.
The city is now looking for direction from the City Council. Ms. Baker said they do not expect a
vote tonight.
Sen. Chittenden said he didn’t feel he is ready to vote on a plan in March. He feels a pool must
be a part of the next project that the city undertakes. He noted that the new Burlington YMCA
with a pool cost $20,000,000
CITY COUNCIL
18 OCTOBER 2021
PAGE 4
Mr. Barritt said he agrees with David Kaufman that it makes more sense to have the Recreation
Center at Veterans’ Memorial Park with its connection to the skating arenas. The city owns the
land and there is already a stormwater design. Mr. Barritt questioned whether a Rec Center at
the Park could take advantage of heat waste from the 2 skating arenas. He felt the city should
move forward with the current design.
Mr. Cota said he would be open to phasing the project.
Ms. Emery paraphrased Ms. Riehle’s comments. She is very keen on using an already developed
site because of climate concerns. Ms. Emery said she personally shares the reticence to have a
March vote. She agreed that there is synergy with the Cairns Arenas. She also wants there to
be a thoughtful environmental design.
Mr. Mittag said that using 6+ acres of the Park is a huge amount of space. He noted that the
Burlington YMCA was built on 1.5 acres. He suggested the Dorset Street site of the former
Champlain Oil building. He didn’t know the attributes of the site and acknowledged that there
could be oil residue. The property is assessed at $1,800,000. If it is a “brown field” site, it could
be less. He felt there could be an indoor pool there.
Mr. Lead, consulting architect for South Burlington and architect of the Burlington “Y,” said the
“Y” has a 6-lane pool, small than what South Burlington wants, and only half a one basketball
court. The South Burlington plan calls for 3 basketball courts and a turf court. Ms. Blanchard
said the South Burlington pool would be larger, and the turf court would be the size of 3
basketball courts.
Sen. Chittenden said that in order for a bond to pass, there has to be a pool. The question is
whether it is indoor or outdoor.
Ms. Dooley asked the Council not to do anything until next fall. She felt the School District has
more pressing needs to bring to the community. She also felt that to address diversity issues,
the Rec Center should be in the City Center. Ms. Dooley questioned why the Rec Center isn’t
part of the policy strategy process.
Ms. Baker said the Rec Center is part of the priority process. Staff wanted to provide additional
information tonight to address questions raised by the Council.
CITY COUNCIL
18 OCTOBER 2021
PAGE 5
Sen. Chittenden suggested opening a conversation with UVM for a joint venture that could
address the need for a pool for UVM’s swim team. He felt the city should also broaden the
conversation as there may be “dollars out there.”
Mr. Cota said using Veterans’ Park would make it seem like the Rec Center is for the Southeast
Quadrant. He felt other parts of the city could serve more people. He understood the benefit of
owning the land, but felt it was worth looking at other options.
Sen. Chittenden said Veterans’ Park is used by the Little Leagues, clubs, soccer teams, etc., and
is not only used by Southeast Quadrant residents. He couldn’t see spending money for land
when the city already owns the land. He noted that the city had already looked at the
Champlain Oil site. He stressed that the Rec Center is a long-term investment for the health and
well-being of the city’s residents.
Ms. Emery noted that the Economic Development Committee felt the Champlain Oil site should
be used to bring business to the city and more tax money or for residential use, which would
also bring in tax money. She noted that the City of Burlington has several recreation facilities
throughout the city. She wasn’t sure that was a South Burlington site that could serve
everyone. She also felt it makes sense to have something at Veterans’ Park.
8. Review the Draft Tax Increment Financing District TIF Substantial Change request
and consider setting a public hearing date of 15 November 2021 at 7:00 p.m.:
Ms. Blanchard advised that the city is requesting a substantial change amendment to update
the existing revenue model and project list.
The current cost estimate is $97,000,000 of which the TIF contribution would be $54,998,000.
The change would have the total cost reduced to $62,000,000 with a $26,000,000 TIF
contribution.
The amendment would remove the parking garage from the plan as well as the urban
park/festival street along with some wetland mitigation and stream restoration.
Mr. Barritt moved to set a public hearing on the TIF Substantial Change request for 15
November 2021 at 7:00 p.m. Mr. Cota seconded. Motion passed 4-0.
CITY COUNCIL
18 OCTOBER 2021
PAGE 6
9. Review application for a Solar Field at Spear Street and provide direction:
Mr. McNeil said this is an application by Spear Street Solar, LLC, for a solar farm at 600 Spear
Street. It would be an electricity generating facility. It is coming to the Council because the
Council has the ability to intervene, make comments, or request a hearing. The deadline for
action is 22 November. Mr. McNeil noted the Planning Commission has made comments.
Planning staff is currently working with the applicant and is not recommending anything.
Mr. McNeil noted a fence is required because of the amount of electricity being generated. The
applicant will allow an “agricultural fence” which allows small animals to pass through. The
Planning Commission also wanted a walking trail around the facility which the applicant has
agreed to.
Mr. Barritt said there is a 1.2 megawatt facility in South Burlington without a fence. He didn’t
feel it is a requirement and said it is waste of money. Sen. Chittenden agreed and said that
money could be used for the sound barriers residents have been asking for.
Mr. McNeil said he will put together a letter indicating the Council’s objection to the fence.
10. Approve a Temporary License Agreement with the School District for 577 Dorset
Street in anticipation of a permanent Lease Agreement with an Option to
Purchase:
Mr. McNeil said this is an “after-the-fact” approval, and a long-term lease with an option to
purchase is being negotiated. The temporary lease allows the city’s Recreation Department to
continue to use the building. The School District is paying its share of utilities.
Sen. Chittenden asked if the School district is happy with the building. Ms. Baker said they are
happy to have all the administrators together. All conversations have been very amicable, and
everything is positive.
Sen. Chittenden moved to approve the Temporary License Agreement with the School District
for 577 Dorset Street as presented. Mr. Barritt seconded. Motion passed 4-0.
CITY COUNCIL
18 OCTOBER 2021
PAGE 7
11. Councilors’ Reports from Committee Assignments:
Mr. Cota: A contract agreement was reached with the Green Mountain Transit drivers, and
there will be no strike. Fares are still free, but ridership is still not back to pre-pandemic
numbers. Buses need to be at least 25% full. The 2 electric buses are too large for the city
route but other issues have been worked out.
12. Other Business:
Mr. Barritt thanked the Public Works Department for the paving projects. He suggested sealing
up potholes before the snow flies.
As there was no further business to come before the Council, Sen. Chittenden moved to
adjourn. Mr. Barritt seconded. Motion passed 4-0. The meeting was adjourned at 8:21 p.m.
_________________________________
Clerk
South Burlington City Council Special Meeting October 30, 2021, 9:00am
The South Burlington City Council held a special meeting on October 30, 2021 at 9:00am at 180 Market Street, in the Kevin Dorn, Senior Center City Hall.
Councilors present: Helen Riehle, Chair; Meaghan Emery, Vice Chair; Tim Barritt, Clerk; Tom Chittenden; Matt Cota Staff Leadership Team present: Jessie Baker, City Manager; Andrew Bolduc, Deputy City Manager; Colin McNeil, City
Attorney; Shawn Burke, Police Chief; Terry Francis, Fire Chief, Justin Rabidoux, Director of Public Works; Jennifer Murray, Library Director; Holly Rees, Recreation & Parks Director; Ashley Parker, Project Manager; Ilona Blanchard, Project Manager; Martha Lyons, Director of Tax Collection & Assessing; Coralee Holm, Director of Human Resources and Communications; Greg Yandow, Director of Physical Plant; Donna Kinville, City Clerk; Members of the public – Darrilyn Peters; Michael Mittag; Chris Trombly Andrew Bolduc took minutes. Pledge of Allegiance Instructions on exiting building in case of emergency Jessie Baker instructed all present on exits from Senior Center. Agenda Review No changes. Comments and questions from the public not related to the agenda None. Introductions and Orientation to the Retreat Day Jessie Baker thanked all who took time out of their Saturdays to be present today and asked all people present to introduce themselves. She then provided an overview of the day’s agenda. The Leadership Team and Councilors then changed seats so that Councilors and Leadership Team were seated amongst each other. Review of the Community and our Demographics Jessie Baker provided an overview of the current demographics of South Burlington from the 2020 census and asked for impressions from the group. A discussion ensued recognizing which members of the community aren’t at the meeting.
Jessie Baker encouraged the group to hold those neighbors present in the discussions throughout the day. Policy Priorities & Strategies – Process to Date
Jessie Baker provided an overview of the process to date. Council approved process at a regular meeting, committees provided recommendations and the leadership team provided recommendations. The spreadsheet now posted on the walls around in the room was all of these recommendations put together and organized using the 4 key goals identified in the
Comp Plan. These goals are: Affordable and Community Strong; Walkable; Green and Clean; and, Opportunity Oriented. Jessie Baker also included a fifth policy area for potential ARPA eligible projects. Break - 10:11am Brainstorm and discuss policy priorities and the strategies we will employ to further these priorities Jessie Baker then gave all individuals a marker and asked them to walk around the room to look at all of the previously identified priorities and strategies. With the marker, council, the leadership team, and members of the public, were asked to add anything they felt was missing, ask for further clarification on any of the items, and, add comments whether more effective strategies could be employed to meet the same goals.
Following the break-out, Jessie Baker went over a number of the annotations with the general group.
• A discussion ensued on the appropriate definition of “quality” jobs. Paul Conner and Ilona Blanchard talked
about the state statutory definitions and Tim Barritt suggested it may be helpful to further define this in the next Comp Plan.
• Helen Riehle spoke specifically about her suggestion to put $1,000,000 of ARPA funds aside for the City’s
affordable housing trust fund. This could be used for initiatives such as purchasing retail to convert to housing. Michael Mittag suggested a program of purchasing current housing stock and making perpetually affordable.
• Meaghan Emery spoke about the need to address food security needs by developing more opportunities for
community and neighborhood gardens.
• Paul Conner spoke about how the City’s Climate Action Plan will touch on many of the priorities identified in other categories. Prioritization exercise on strategies and Committee priorities
Jessie Baker then explained that each councilor will receive 12 red dots, and each leadership team member will receive 12 blue dots to vote on their top three strategies in each policy area. 3 additional dots were given to vote for the top 3 uses of ARPA funds. Lunch Discussion of Votes After lunch was delivered, Jessie Baker walked around the room clarifying where votes were made. A number of leadership team and councilors talked about their general thought processes around where they placed votes. There was a brief discussion on status of current state regulation tools on the use of motorized/e-bikes on shared use paths. Meeting Wrap-up and Next Steps Jessie Baker again thanked everyone for their time on a Saturday. She explained that she will use the comments and votes
today to continue to build out the spreadsheet and will be providing additional documents in the days to come. Jessie Baker then asked each person present to say what they were thankful for from today’s retreat. Adjourn – 12:33pm Respectfully submitted, Andrew Bolduc, Deputy City Manager _________________________________
Clerk
180 Market Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.southburlingtonvt.gov
To: Jessie Baker, City Manager
From: Ashley Parker, Project Manager
Cc: Justin Rabidoux, Director of Public Works
Subject: Authorize the City Manager to Execute the Agreement for the VTrans Small-
Scale Bicycle/Pedestrian Program Grant to fund the construction of two new
crosswalks along Williston Road (#CA0676, STP BP22(13))
Date: November 15, 2021
Background:
This year, VTrans offered a second round of funding through their Small-Scale
Bicycle/Pedestrian grant program. On May 17th, 2021, the City Council
approved a grant application submittal to this program for 50% of the
construction costs associated with the implementation of new crosswalks
across Williston Road, between Kennedy Drive and Hinesburg Road, at the
intersections of Williston Road and Elsom Parkway and Davis Parkway/Pine
Tree Terrace. In June, City staff submitted this grant application. This project
is a priority project for the City that works to fulfill the vision of a more
walkable and bikeable community by creating safe crossings for users across
Williston Road, one of the City’s major thoroughfares for road traffic.
The Williston Road Crosswalks will help users access a variety of residential
and commercial locations, including bus transit stops and an assisted living
care facility. This section of Williston Road generates enough pedestrian
activity and demand to warrant these new crossing locations, but there is
currently no infrastructure to ensure a crossing can be done safely. Toole
Design completed a scoping study on behalf of the City and the Chittenden
County Regional Planning Commission (CCRPC) that evaluated this stretch of
Williston Road in 2019, and proposed three locations for new crossings,
including: Pillsbury Manor, Davis Parkway/Pine Tree Terrace, and Mills
Avenue. This study considered many safety features in proposing designs for
these crossings, including: raised concrete median refuges, high visibility
crosswalks, rectangular rapid-flashing beacons (RRFBs), advanced yield lines,
and required regulatory signage. Once the design work on these crosswalks
officially begins, staff expects there will be some design changes as a result of
existing site conditions.
In July, the City was notified that this project was selected for funding. The
official grant award will be $110,000, and will fund approximately 50% of the
eligible project costs for construction. Any design or engineering costs will
180 Market Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.southburlingtonvt.gov
not be covered by this grant. The City is required to fund the remaining 50%
of the total construction cost. The grant will be able to support complete
construction of two new crosswalks (at Elsom Parkway and Davis
Parkway/Pine Tree Terrace), with the supplemental funds coming from the
City’s Penny for Paths fund. Staff estimates approximately $270,000 total for
two new crosswalks, including design costs (~$50,000 estimated design and
~$220,000 estimated for construction). Construction costs could be higher
pending final design. Staff is including all three scoped crosswalks in the
design contract for this project, and will evaluate the timeline for
implementation of all crosswalks once we have final design and construction
cost estimates. At least two crosswalks will need to be implemented by
December 2022 per the grant agreement. If the cost of implementing all three
crosswalks can be achieved via supplemental funding (i.e.: Penny for Paths),
then staff will work to implement all three crosswalks at the same time.
In order to receive the grant funds, the City is required to sign the attached
agreement with the state, Agreement #CA0676. The Agreement has the
following stipulations:
• The grant will cover 50% of total approved construction costs, and the
City will be responsible for paying for the remainder, including any
necessary design and inspection costs.
• The City will manage the design and construction of this project
• The project will comply with all State and Local requirements.
• The City will have a repayment obligation if the project is not
constructed.
• The City will be responsible for maintaining the completed facility.
• Construction must be completed by the end of 2022.
Once the agreement is signed, funds will then be available for implementation.
At this time, staff expects construction will begin next summer (2022) at the
earliest as we are just entering the design phase for these crosswalks.
Attachments: • Copy of VTrans Grant Agreement
Recommendations: Authorize the City Manager to Execute the Agreement for the VTrans Small-
Scale Bicycle/Pedestrian Program Grant to fund the construction of two new
crosswalks along Williston Road (#CA0676, STP BP22(13)).
STATE OF VERMONT STANDARD GRANT AGREEMENT
Part 2 – Grant Agreement
1.Parties: This is a Grant Agreement for the advancement of a transportation project between the State of Vermont, Agency of Transportation (hereinafter called “State”), and City of South Burlington, a US local government, with its principal place of business at 575 Dorset Street, South Burlington,
Vermont 05403, (hereinafter called “Grantee”). It is the Grantee’s responsibility to contact the
Vermont Department of Taxes to determine if, by law, the Grantee is required to have a Vermont Department of Taxes Business Account Number.
2.Subject Matter: The subject matter of this Grant is the advancement of a transportation project known
as South Burlington ST BP22(13). A detailed description of the project and the services to be
provided by the Grantee are described in Attachment A.
3.Award Details: Amounts, dates and other award details are as shown in the attached Grant Agreement Part 1 – Grant Award Detail. A detailed scope of worked covered by this award is described in
Attachment A.
4.High Risk: If at any time the Grantee or Subaward are determined to be high risk as per the State of Vermont, Agency of Administration, Bulletin No. 5, Policy for Grant Issuance and Monitoring, or 2 CFR §200.331, additional monitoring measures will be imposed in accordance with 2 CFR §200.207.
5.Prior Approvals: If approval by the Attorney General’s Office is required by the granting agency, neither this Grant nor any amendment to it is binding until it has been approved by the Attorney General’s Office.- Approval by the Attorney General’s Office is required.
- Approval by the Secretary of Administration is not required.
- Approval by the CIO/Commissioner DII is not required.
6.Amendment: No changes, modifications, or amendments in the terms and conditions of this Grant shall be effective unless reduced to writing, numbered, and signed by the duly authorized
representative of the State and Grantee.
7.Cancellation: This Grant may be cancelled by either party by giving written notice at least thirty(30)days in advance.
8.Attachments: This Grant Agreement consists of 17 pages including the following attachments which
are incorporated herein:
Grant Agreement-Part 1 – Grant Award Detail
Attachment A – Description of Project and Scope of Work to be Performed by Grantee Attachment
B – Payment Provisions
Attachment C – Standard State Provisions for Contracts and Grants (12/15/2017)
Attachment D – Other Grant Agreement Provisions
Attachment E – DOT Standard Title VI Assurances and Non-Discrimination Provisions
(DOT 1050.2A) - Assurance Appendix A and Assurance Appendix E
Grant Agreement# CA0676
CA0676_South Burlington ST BP22(13) City of South Burlington Page 1 of 17
WE, THE UNDERSIGNED PARTIES, AGREE TO BE BOUND BY THIS GRANT AGREEMENT.
STATE OF VERMONT GRANTEE:
AGENCY OF TRANSPORTATION CITY OF SOUTH BURLINGTON
Date: Date:
Signature: Signature:
Name: Joe Flynn Name:
Title: Secretary of Transportation Title:
APPROVED AS TO FORM:
___________________________________
ASSISTANT ATTORNEY GENERAL
Grant Agreement# CA0676
CA0676_South Burlington ST BP22(13) City of South Burlington Page 2 of 17
STATE OF VERMONT GRANT AGREEMENT Part 1-Grant Award Detail
SECTION I - GENERAL GRANT INFORMATION
1 Grant #:2 Original Amendment #
3 Grant Title:
4 Amount Previously Awarded:
$
5 Amount Awarded This Action:
$
6 Total Award Amount:
$
7 Award Start Date: 8 Award End Date: 9 Subrecipient Award:YES NO
10 Vendor #:11 Grantee Name:
12 Grantee Address:
13 City:14 State:15 Zip Code:
16 State Granting Agency:17 Business Unit:
18 Performance Measures:
YES NO
19 Match/In-Kind: $ Description:
20 If this action is an amendment, the following is amended:
Amount: Funding Allocation: Performance Period: Scope of Work: Other:
SECTION II - SUBRECIPIENT AWARD INFORMATION
21 Grantee DUNS #: 22 Indirect Rate:
%
(Approved rate or de minimis 10%)
23 FFATA: YES NO
24 Grantee Fiscal Year End Month (MM format):25 R&D:
26 DUNS Registered Name (if different than VISION Vendor Name in Box 11):
SECTION III - FUNDING ALLOCATION
STATE FUNDS
Fund Type 27Awarded
Previously
28Award
This Action
29Cumulative
Award 30Special & Other Fund Descriptions
General Fund $ $ $
Special Fund $$$
Global Commitment
(non-subrecipient funds)
$$$
Other State Funds $$$
FEDERAL FUNDS
(includes subrecipient Global Commitment funds)
Required Federal
Award Information
31CFDA
#
32Program Title 33Awarded
Previously
34Award
This Action
35Cumulative
Award
36FAIN
37Federal
Award
Date
38Total
Federal
Award
$
39 Federal Awarding Agency: 40 Federal Award Project Descr:
$$$$
Federal Awarding Agency: Federal Award Project Descr:
$$$$
Federal Awarding Agency: Federal Award Project Descr:
$$$$
Federal Awarding Agency: Federal Award Project Descr:
$$$$
Federal Awarding Agency: Federal Award Project Descr:
Total Awarded - All Funds
$$$
SECTION IV - CONTACT INFORMATION
STATE GRANTING AGENCY GRANTEE
NAME: NAME:
TITLE: TITLE:
PHONE:PHONE:
EMAIL: EMAIL:
Effective 12/26/2014
110,000.00
Grant Agreement# CA0676
CA0676_South Burlington ST BP22(13) City of South Burlington Page 3 of 17
ATTACHMENT A DESCRIPTION OF PROJECT AND SCOPE OF WORK TO BE PERFORMED BY GRANTEE
1. Project Location and Description. The Project is described as follows:
City/Town City of South Burlington
Location Williston Road
Description Installation of two crosswalks at Williston Road, at the intersection of Elsom Parkway (Pillsbury Manor), and at Davis Parkway/Pine Tree Terrace.
2. Grantee Assumption of Full Responsibility for the Project. The Grantee assumes full and complete responsibility for any and all aspects relative to the development of the Project except for those
items defined in this Grant Agreement for which the State retains responsibility. 3. Commencement of Work. Grantee shall not commence work on or incur expenses for the Project until receiving authorization to proceed from the State or upon execution of the Agreement, whichever occurs later.
4. Municipal Project Manager (MPM). All work for the Project will be performed by the Grantee or its duly authorized consultant in conformance with the latest update of the Municipal Assistance Bureau Guide document(s). The Grantee will designate a full-time employee, member of its
legislative body, or other representative, as approved by the State to be the Municipal Project Manager
(MPM) for the Project. The MPM will act on the authority granted by the Grantee. 5. Project Accounting. Grantee will establish and maintain a separate accounting for Project funds, payments, and receipts for the duration of this Grant Agreement. 6. Compliance with State and Local Requirements. Grantee will comply with the
requirements of all state and local laws, ordinances and regulations applicable to the Project. 7. Utility and Railroad Relocation and Adjustments. Grantee agrees that any utility or railroad relocation costs deemed participating Project costs shall meet all applicable eligibility and financial requirements as stated in state laws, regulations, and policies. 8. Expeditious Pursuit of Project. Grantee will pursue the Project in an expeditious manner in
conformance with the Project schedule agreed upon by the Grantee and the State. Changes found necessary by either party to this Grant Agreement or to the schedule for the Project will be brought to the attention of the other party as soon as possible so that mutual agreement can be achieved. 9. Hazardous Material Contamination. Responsibility for any contaminated materials within
the Project area shall remain unaffected by this Grant Agreement as they are generally non-
participating. The Grantee shall notify the State of the presence of and design alternatives for potential contaminated and/or hazardous waste sites located during the development or construction stage. Once the Grantee determines that contamination exists, whether obvious or established through testing, the Grantee shall notify the appropriate regulatory agency. 10. Assignment of State Representative. The State will assign a representative to act as its
Project liaison with the Grantee.
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CA0676_South Burlington ST BP22(13) City of South Burlington Page 4 of 17
11. Reviews by the State. The parties agree that, at the discretion of the State’s Program Director, the State may inspect or review any work or aspect of the Project for any reason during the development of the Project.
Grant Agreement# CA0676
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ATTACHMENT B PAYMENT PROVISIONS 1. Funding Ratio. Up to the total available funds to the Grantee shown below, the State agrees
to pay 50% of the total Project costs eligible for State participation, except for State’s review costs,
which will be borne 100% by the State. The State shall not be responsible for expenses incurred by the Grantee except as specified in this Agreement. 2. Non-Participating Costs. Work accomplished by the Grantee, and/or its consultant or contractor, which has been designated by the State as non-participating for purpose of financial
reimbursement, shall be the sole responsibility of the Grantee. Examples of non-participating costs
include elements outside the scope of work, utility work not related to the project scope, any work outside of the Project limits and approaches. 3. Compliance with Vermont Prompt Payment Act. To the extent it is applicable, Grantee, with respect to work performed pursuant to this Grant Agreement, agrees to comply with the provisions
of the Vermont Prompt Payment Act (9 V.S.A. Chapter 102). 4. Reimbursement if Project Not Constructed due to Grantee. If at any time the Grantee no longer desires the improvements as specified for the Project, or if the Grantee fails to meet its obligation to construct the Project, then the Grantee shall promptly notify the State. As provided by 19 V.S.A. § 309c(a), the State shall consult with the Grantee about the Grantee’s obligation to repay project costs.
The Secretary of Transportation shall then make the final determination of the amount and schedule for
the repayment that shall be made to the State by the Grantee, considering applicable laws and regulations. Pursuant to 19 V.S.A. §§ 5(d)(13) and 309c(b), within 15 days of the Secretary’s determination, the Grantee may petition the Vermont Transportation Board for a hearing to determine whether the amount of the Grantee’s repayment obligation as determined by the Secretary may be reduced. 5. Project Costs and Phases. The parties agree that the Grantee will perform all tasks and
duties incidental to accomplishing the following Project development phases, where an amount of funding is indicated, in conformance with the schedule or amended schedule agreed upon by the parties: and that the State will pay the state share of all properly documented invoices from the Grantee for work incidental to the development of the Project up to the total available funds to the Grantee indicated below:
Federal $ State $ Local $ Total $
Total Available Funds to Grantee* $0 $110,000 $110,000 $220,000
*The amounts noted may not reflect expenditures that were covered under prior agreements or contracts. 6. Excess Costs. The parties agree that costs incurred by, at the direction of, or for the Grantee,
when such costs exceed the total available funds to the Grantee indicated in Section 5, above, will not be eligible for state participation unless those costs have been incorporated into this Grant Agreement through a written amendment.
Grant Agreement# CA0676
CA0676_South Burlington ST BP22(13) City of South Burlington Page 6 of 17
7.Allocation of Funds by STATE. On the basis of the Grantee’s request for authorization todevelop the Project, and subject to the availability of state funds, the State agrees to make available to the Grantee a sum not to exceed $110,000 in State funds as described in Section 5 above.
8.Payment of Invoices by the STATE. The State agrees to pay the Grantee the state shares ofproperly documented bills invoiced by the Grantee.
Invoices, which shall clearly reference the Project name and number, shall be sent to:
Name: Division: Address:
Nydia Lugo, Project Manager Project Delivery Bureau - Municipal Assistance Program Vermont Agency of Transportation 219 North Main Street
Barre, VT 05641
9.Payment of Amounts Found Due by Audit. In the event an audit or inspection by a certifiedor registered public accountant or an authorized agent of the State reveals that monies are due and owing to the State from the Grantee, for whatever reasons, then the Grantee shall pay such sums to the State
within thirty (30) days of written notification of the findings of such audit or inspection.
Grant Agreement# CA0676
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ATTACHMENT C: STANDARD STATE PROVISIONS
FOR CONTRACTS AND GRANTS
REVISED DECEMBER 15, 2017
1. Definitions: For purposes of this Attachment, “Party” shall mean the Contractor, Grantee or Subrecipient, with whom
the State of Vermont is executing this Agreement and consistent with the form of the Agreement. “Agreement” shall mean
the specific contract or grant to which this form is attached.
2. Entire Agreement: This Agreement, whether in the form of a contract, State-funded grant, or Federally-funded grant,
represents the entire agreement between the parties on the subject matter. All prior agreements, representations, statements,
negotiations, and understandings shall have no effect.
3. Governing Law, Jurisdiction and Venue; No Waiver of Jury Trial: This Agreement will be governed by the laws of
the State of Vermont. Any action or proceeding brought by either the State or the Party in connection with this Agreement
shall be brought and enforced in the Superior Court of the State of Vermont, Civil Division, Washington Unit. The Party
irrevocably submits to the jurisdiction of this court for any action or proceeding regarding this Agreement. The Party agrees
that it must first exhaust any applicable administrative remedies with respect to any cause of action that it may have against
the State with regard to its performance under this Agreement. Party agrees that the State shall not be required to submit to
binding arbitration or waive its right to a jury trial.
4. Sovereign Immunity: The State reserves all immunities, defenses, rights or actions arising out of the State’s sovereign
status or under the Eleventh Amendment to the United States Constitution. No waiver of the State’s immunities, defenses,
rights or actions shall be implied or otherwise deemed to exist by reason of the State’s entry into this Agreement.
5. No Employee Benefits For Party: The Party understands that the State will not provide any individual retirement
benefits, group life insurance, group health and dental insurance, vacation or sick leave, workers compensation or other
benefits or services available to State employees, nor will the State withhold any state or Federal taxes except as required
under applicable tax laws, which shall be determined in advance of execution of the Agreement. The Party understands that
all tax returns required by the Internal Revenue Code and the State of Vermont, including but not limited to income,
withholding, sales and use, and rooms and meals, must be filed by the Party, and information as to Agreement income will
be provided by the State of Vermont to the Internal Revenue Service and the Vermont Department of Taxes.
6. Independence: The Party will act in an independent capacity and not as officers or employees of the State.
7. Defense and Indemnity: The Party shall defend the State and its officers and employees against all third party claims or
suits arising in whole or in part from any act or omission of the Party or of any agent of the Party in connection with the
performance of this Agreement. The State shall notify the Party in the event of any such claim or suit, and the Party shall
immediately retain counsel and otherwise provide a complete defense against the entire claim or suit. The State retains the
right to participate at its own expense in the defense of any claim. The State shall have the right to approve all proposed
settlements of such claims or suits.
After a final judgment or settlement, the Party may request recoupment of specific defense costs and may file suit in
Washington Superior Court requesting recoupment. The Party shall be entitled to recoup costs only upon a showing that
such costs were entirely unrelated to the defense of any claim arising from an act or omission of the Party in connection
with the performance of this Agreement.
The Party shall indemnify the State and its officers and employees if the State, its officers or employees become legally
obligated to pay any damages or losses arising from any act or omission of the Party or an agent of the Party in connection
with the performance of this Agreement.
Notwithstanding any contrary language anywhere, in no event shall the terms of this Agreement or any document furnished
by the Party in connection with its performance under this Agreement obligate the State to (1) defend or indemnify the Party
or any third party, or (2) otherwise be liable for the expenses or reimbursement, including attorneys’ fees, collection costs
or other costs of the Party or any third party.
8. Insurance: Before commencing work on this Agreement the Party must provide certificates of insurance to show that
the following minimum coverages are in effect. It is the responsibility of the Party to maintain current certificates of
insurance on file with the State through the term of this Agreement. No warranty is made that the coverages and limits listed
Grant Agreement# CA0676
CA0676_South Burlington ST BP22(13) City of South Burlington Page 8 of 17
herein are adequate to cover and protect the interests of the Party for the Party’s operations. These are solely minimums that
have been established to protect the interests of the State.
Workers Compensation: With respect to all operations performed, the Party shall carry workers’ compensation insurance in
accordance with the laws of the State of Vermont. Vermont will accept an out-of-state employer's workers’ compensation
coverage while operating in Vermont provided that the insurance carrier is licensed to write insurance in Vermont and an
amendatory endorsement is added to the policy adding Vermont for coverage purposes. Otherwise, the party shall secure a
Vermont workers’ compensation policy, if necessary to comply with Vermont law.
General Liability and Property Damage: With respect to all operations performed under this Agreement, the Party shall
carry general liability insurance having all major divisions of coverage including, but not limited to:
Premises - Operations
Products and Completed Operations
Personal Injury Liability
Contractual Liability
The policy shall be on an occurrence form and limits shall not be less than:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$1,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal & Advertising Injury
Automotive Liability: The Party shall carry automotive liability insurance covering all motor vehicles, including hired and
non-owned coverage, used in connection with the Agreement. Limits of coverage shall not be less than $500,000 combined
single limit. If performance of this Agreement involves construction, or the transport of persons or hazardous materials,
limits of coverage shall not be less than $1,000,000 combined single limit.
Additional Insured. The General Liability and Property Damage coverages required for performance of this Agreement shall
include the State of Vermont and its agencies, departments, officers and employees as Additional Insureds. If performance
of this Agreement involves construction, or the transport of persons or hazardous materials, then the required Automotive
Liability coverage shall include the State of Vermont and its agencies, departments, officers and employees as Additional
Insureds. Coverage shall be primary and non-contributory with any other insurance and self-insurance.
Notice of Cancellation or Change. There shall be no cancellation, change, potential exhaustion of aggregate limits or non-
renewal of insurance coverage(s) without thirty (30) days written prior written notice to the State.
9. Reliance by the State on Representations: All payments by the State under this Agreement will be made in reliance
upon the accuracy of all representations made by the Party in accordance with this Agreement, including but not limited to
bills, invoices, progress reports and other proofs of work.
10. False Claims Act: The Party acknowledges that it is subject to the Vermont False Claims Act as set forth in 32 V.S.A.
§ 630 et seq. If the Party violates the Vermont False Claims Act it shall be liable to the State for civil penalties, treble
damages and the costs of the investigation and prosecution of such violation, including attorney’s fees, except as the same
may be reduced by a court of competent jurisdiction. The Party’s liability to the State under the False Claims Act shall not
be limited notwithstanding any agreement of the State to otherwise limit Party’s liability.
11. Whistleblower Protections: The Party shall not discriminate or retaliate against one of its employees or agents for
disclosing information concerning a violation of law, fraud, waste, abuse of authority or acts threatening health or safety,
including but not limited to allegations concerning the False Claims Act. Further, the Party shall not require such employees
or agents to forego monetary awards as a result of such disclosures, nor should they be required to report misconduct to the
Party or its agents prior to reporting to any governmental entity and/or the public.
12. Location of State Data: No State data received, obtained, or generated by the Party in connection with performance
under this Agreement shall be processed, transmitted, stored, or transferred by any means outside the continental United
States, except with the express written permission of the State.
13. Records Available for Audit: The Party shall maintain all records pertaining to performance under this agreement.
“Records” means any written or recorded information, regardless of physical form or characteristics, which is produced or
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CA0676_South Burlington ST BP22(13) City of South Burlington Page 9 of 17
acquired by the Party in the performance of this agreement. Records produced or acquired in a machine readable electronic
format shall be maintained in that format. The records described shall be made available at reasonable times during the
period of the Agreement and for three years thereafter or for any period required by law for inspection by any authorized
representatives of the State or Federal Government. If any litigation, claim, or audit is started before the expiration of the
three-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been
resolved.
14. Fair Employment Practices and Americans with Disabilities Act: Party agrees to comply with the requirement of 21
V.S.A. Chapter 5, Subchapter 6, relating to fair employment practices, to the full extent applicable. Party shall also ensure,
to the full extent required by the Americans with Disabilities Act of 1990, as amended, that qualified individuals with
disabilities receive equitable access to the services, programs, and activities provided by the Party under this Agreement.
15. Set Off: The State may set off any sums which the Party owes the State against any sums due the Party under this
Agreement; provided, however, that any set off of amounts due the State of Vermont as taxes shall be in accordance with
the procedures more specifically provided hereinafter.
16. Taxes Due to the State:
A. Party understands and acknowledges responsibility, if applicable, for compliance with State tax laws, including
income tax withholding for employees performing services within the State, payment of use tax on property used
within the State, corporate and/or personal income tax on income earned within the State.
B. Party certifies under the pains and penalties of perjury that, as of the date this Agreement is signed, the Party is in
good standing with respect to, or in full compliance with, a plan to pay any and all taxes due the State of Vermont.
C. Party understands that final payment under this Agreement may be withheld if the Commissioner of Taxes
determines that the Party is not in good standing with respect to or in full compliance with a plan to pay any and all
taxes due to the State of Vermont.
D. Party also understands the State may set off taxes (and related penalties, interest and fees) due to the State of
Vermont, but only if the Party has failed to make an appeal within the time allowed by law, or an appeal has been
taken and finally determined and the Party has no further legal recourse to contest the amounts due.
17. Taxation of Purchases: All State purchases must be invoiced tax free. An exemption certificate will be furnished upon
request with respect to otherwise taxable items.
18. Child Support: (Only applicable if the Party is a natural person, not a corporation or partnership.) Party states that, as
of the date this Agreement is signed, he/she:
A. is not under any obligation to pay child support; or
B. is under such an obligation and is in good standing with respect to that obligation; or
C. has agreed to a payment plan with the Vermont Office of Child Support Services and is in full compliance with that
plan.
Party makes this statement with regard to support owed to any and all children residing in Vermont. In addition, if the Party
is a resident of Vermont, Party makes this statement with regard to support owed to any and all children residing in any
other state or territory of the United States.
19. Sub-Agreements: Party shall not assign, subcontract or subgrant the performance of this Agreement or any portion
thereof to any other Party without the prior written approval of the State. Party shall be responsible and liable to the State
for all acts or omissions of subcontractors and any other person performing work under this Agreement pursuant to an
agreement with Party or any subcontractor.
In the case this Agreement is a contract with a total cost in excess of $250,000, the Party shall provide to the State a list of
all proposed subcontractors and subcontractors’ subcontractors, together with the identity of those subcontractors’ workers
compensation insurance providers, and additional required or requested information, as applicable, in accordance with
Section 32 of The Vermont Recovery and Reinvestment Act of 2009 (Act No. 54).
Party shall include the following provisions of this Attachment C in all subcontracts for work performed solely for the State
of Vermont and subcontracts for work performed in the State of Vermont: Section 10 (“False Claims Act”); Section 11
(“Whistleblower Protections”); Section 12 (“Location of State Data”); Section 14 (“Fair Employment Practices and
Grant Agreement# CA0676
CA0676_South Burlington ST BP22(13) City of South Burlington Page 10 of 17
Americans with Disabilities Act”); Section 16 (“Taxes Due the State”); Section 18 (“Child Support”); Section 20 (“No Gifts
or Gratuities”); Section 22 (“Certification Regarding Debarment”); Section 30 (“State Facilities”); and Section 32.A
(“Certification Regarding Use of State Funds”).
20. No Gifts or Gratuities: Party shall not give title or possession of anything of substantial value (including property,
currency, travel and/or education programs) to any officer or employee of the State during the term of this Agreement.
21. Copies: Party shall use reasonable best efforts to ensure that all written reports prepared under this Agreement are
printed using both sides of the paper.
22. Certification Regarding Debarment: Party certifies under pains and penalties of perjury that, as of the date that this
Agreement is signed, neither Party nor Party’s principals (officers, directors, owners, or partners) are presently debarred,
suspended, proposed for debarment, declared ineligible or excluded from participation in Federal programs, or programs
supported in whole or in part by Federal funds.
Party further certifies under pains and penalties of perjury that, as of the date that this Agreement is signed, Party is not
presently debarred, suspended, nor named on the State’s debarment list at: http://bgs.vermont.gov/purchasing/debarment
23. Conflict of Interest: Party shall fully disclose, in writing, any conflicts of interest or potential conflicts of interest.
24. Confidentiality: Party acknowledges and agrees that this Agreement and any and all information obtained by the State
from the Party in connection with this Agreement are subject to the State of Vermont Access to Public Records Act, 1
V.S.A. § 315 et seq.
25. Force Majeure: Neither the State nor the Party shall be liable to the other for any failure or delay of performance of
any obligations under this Agreement to the extent such failure or delay shall have been wholly or principally caused by
acts or events beyond its reasonable control rendering performance illegal or impossible (excluding strikes or lock-outs)
(“Force Majeure”). Where Force Majeure is asserted, the nonperforming party must prove that it made all reasonable efforts
to remove, eliminate or minimize such cause of delay or damages, diligently pursued performance of its obligations under
this Agreement, substantially fulfilled all non-excused obligations, and timely notified the other party of the likelihood or
actual occurrence of an event described in this paragraph.
26. Marketing: Party shall not refer to the State in any publicity materials, information pamphlets, press releases, research
reports, advertising, sales promotions, trade shows, or marketing materials or similar communications to third parties except
with the prior written consent of the State.
27. Termination:
A. Non-Appropriation: If this Agreement extends into more than one fiscal year of the State (July 1 to June 30), and
if appropriations are insufficient to support this Agreement, the State may cancel at the end of the fiscal year, or
otherwise upon the expiration of existing appropriation authority. In the case that this Agreement is a Grant that is
funded in whole or in part by Federal funds, and in the event Federal funds become unavailable or reduced, the
State may suspend or cancel this Grant immediately, and the State shall have no obligation to pay Subrecipient from
State revenues.
B. Termination for Cause: Either party may terminate this Agreement if a party materially breaches its obligations
under this Agreement, and such breach is not cured within thirty (30) days after delivery of the non-breaching
party’s notice or such longer time as the non-breaching party may specify in the notice.
C. Termination Assistance: Upon nearing the end of the final term or termination of this Agreement, without respect
to cause, the Party shall take all reasonable and prudent measures to facilitate any transition required by the State.
All State property, tangible and intangible, shall be returned to the State upon demand at no additional cost to the
State in a format acceptable to the State.
28. Continuity of Performance: In the event of a dispute between the Party and the State, each party will continue to
perform its obligations under this Agreement during the resolution of the dispute until this Agreement is terminated in
accordance with its terms.
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CA0676_South Burlington ST BP22(13) City of South Burlington Page 11 of 17
29. No Implied Waiver of Remedies: Either party’s delay or failure to exercise any right, power or remedy under this
Agreement shall not impair any such right, power or remedy, or be construed as a waiver of any such right, power or remedy.
All waivers must be in writing.
30. State Facilities: If the State makes space available to the Party in any State facility during the term of this Agreement
for purposes of the Party’s performance under this Agreement, the Party shall only use the space in accordance with all
policies and procedures governing access to and use of State facilities which shall be made available upon request. State
facilities will be made available to Party on an “AS IS, WHERE IS” basis, with no warranties whatsoever.
31. Requirements Pertaining Only to Federal Grants and Subrecipient Agreements: If this Agreement is a grant that
is funded in whole or in part by Federal funds:
A. Requirement to Have a Single Audit: The Subrecipient will complete the Subrecipient Annual Report annually
within 45 days after its fiscal year end, informing the State of Vermont whether or not a Single Audit is required
for the prior fiscal year. If a Single Audit is required, the Subrecipient will submit a copy of the audit report to the
granting Party within 9 months. If a single audit is not required, only the Subrecipient Annual Report is required.
For fiscal years ending before December 25, 2015, a Single Audit is required if the subrecipient expends $500,000
or more in Federal assistance during its fiscal year and must be conducted in accordance with OMB Circular A-
133. For fiscal years ending on or after December 25, 2015, a Single Audit is required if the subrecipient expends
$750,000 or more in Federal assistance during its fiscal year and must be conducted in accordance with 2 CFR
Chapter I, Chapter II, Part 200, Subpart F. The Subrecipient Annual Report is required to be submitted within 45
days, whether or not a Single Audit is required.
B. Internal Controls: In accordance with 2 CFR Part II, §200.303, the Party must establish and maintain effective
internal control over the Federal award to provide reasonable assurance that the Party is managing the Federal award
in compliance with Federal statutes, regulations, and the terms and conditions of the award. These internal controls
should be in compliance with guidance in “Standards for Internal Control in the Federal Government” issued by the
Comptroller General of the United States and the “Internal Control Integrated Framework”, issued by the
Committee of Sponsoring Organizations of the Treadway Commission (COSO).
C. Mandatory Disclosures: In accordance with 2 CFR Part II, §200.113, Party must disclose, in a timely manner, in
writing to the State, all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially
affecting the Federal award. Failure to make required disclosures may result in the imposition of sanctions which
may include disallowance of costs incurred, withholding of payments, termination of the Agreement,
suspension/debarment, etc.
32. Requirements Pertaining Only to State-Funded Grants:
A. Certification Regarding Use of State Funds: If Party is an employer and this Agreement is a State-funded grant
in excess of $1,001, Party certifies that none of these State funds will be used to interfere with or restrain the exercise
of Party’s employee’s rights with respect to unionization.
B. Good Standing Certification (Act 154 of 2016): If this Agreement is a State-funded grant, Party hereby represents:
(i) that it has signed and provided to the State the form prescribed by the Secretary of Administration for purposes
of certifying that it is in good standing (as provided in Section 13(a)(2) of Act 154) with the Agency of Natural
Resources and the Agency of Agriculture, Food and Markets, or otherwise explaining the circumstances
surrounding the inability to so certify, and (ii) that it will comply with the requirements stated therein.
(End of Standard Provisions)
Grant Agreement# CA0676
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ATTACHMENT D OTHER GRANT AGREEMENT PROVISIONS
1. Cost of Materials: Grantee will not buy materials and resell to the State at a profit. 2. Prior Approval/Review of Releases: Any notices, information pamphlets, press releases, research reports, or similar other publications prepared and released in written or oral form by the Grantee
under this grant agreement shall be approved/reviewed by the State prior to release. 3. Ownership of Equipment: Any equipment purchased by or furnished to the Grantee by the State under this grant agreement is provided on a loan basis only and remains the property of the State.
4. Grantee’s Liens: Grantee will discharge any and all contractors’ or mechanics’ liens imposed on property of the State through the actions of subcontractors. 5. State Minimum Wage: The Grantee will comply with the state minimum wage laws and regulations, if applicable.
6. Health Insurance Portability and Accountability Act (HIPAA): The confidentiality of any health care information acquired by or provided to the Grantee shall be maintained in compliance with any applicable State or federal laws or regulations.
7. Equal Opportunity Plan: If it is required by the Federal Office of Civil Rights to have a plan, the Grantee must provide a copy of the approval of its Equal Opportunity Plan. 8. Supplanting: If required, the Grantee will submit a Certification that funds will not be used to supplant local or other funding.
9. Construction. The Grantee will construct the project using sound engineering practices and in accordance with plans defining the work. The following design guidance shall be used (as applicable):
a. Vermont State Standards for Design b. Latest Edition of the Manual for Uniform Traffic Control Devices (MUTCD) c. Vermont Pedestrian and Bicycle Facility Planning and Design Manual d. U.S. Access Board Public Rights of Way Guidelines e. American Association of State Highway and Transportation Officials (AASHTO) Roadside
Design Guide f. AASHTO Guide for Design of Pavement Structures g. AASHTO Specifications for Highway Bridges 10. Permits. Compliance with Permit Conditions. The Grantee will obtain all necessary permits and
other approvals required to construct the Project and will be responsible for assuring that all permit or approval requirements are complied with during construction and, to the extent applicable, for the life of the project. 11. Damage to Abutters. The Grantee will pay the total cost of any incidental damages that may be
sustained by abutting or adjacent property owners or occupants as the result of construction of the project.
Grant Agreement# CA0676
CA0676_South Burlington ST BP22(13) City of South Burlington Page 13 of 17
12. Acquisition of Additional Right-of-Way. The Grantee will be responsible for obtaining additional right-of-way, if any, needed for the project. The cost of any such right-of-way shall be the responsibility of the Grantee. 13. Utility Relocations. The Grantee will be responsible for making any necessary arrangements for utility relocations needed to accommodate the project. Please call Dig Safe at 1-800-DigSafe (www.digsafe.com). The cost of any improvements to existing utilities shall be the responsibility of the Grantee or the utility.
14. Traffic Control. The Grantee will provide all traffic control necessary to assure the safe movement of traffic during construction. 15. Maintenance of Project Improvements. The Grantee will maintain the completed project in a
manner satisfactory to the State or its authorized representatives and shall make ample provisions
each year for town highways and structures. In this regard, the Grantee acknowledges that its attention has been directed to Vermont Statutes Annotated, Title 19, Sections 304 (Duties of selectmen) and 310 (Highways, bridges and trails).
16. Cargo Preference Act Compliance (if applicable). The contractor/recipient/Grantee is hereby
notified that the Contractor and Subcontractor(s)/recipients and Grantees are required to follow the requirements of 46 CFR 381.7 (a)-(b), if applicable. For guidance on requirements of Part 381 – Cargo Preference – U.S. Flag Vessels please go to the following web link: https://www.fhwa.dot.gov/construction/cqit/cargo.cfm.
Grant Agreement# CA0676
CA0676_South Burlington ST BP22(13) City of South Burlington Page 14 of 17
Assurance Appendix A
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows:
1.Compliance with Regulations: The contractor (hereinafter includes consultants) willcomply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation, Federal HighwayAdministration (FHWA), as they may be amended from time to time, which are hereinincorporated by reference and made a part of this contract.
2.Nondiscrimination: The contractor, with regard to the work performed by it during thecontract, will not discriminate on the grounds of race, color, national origin, sex, age,disability, income-level, or LEP in the selection and retention of subcontractors, includingprocurements of materials and leases of equipment. The contractor will not participate
directly or indirectly in the discrimination prohibited by the Acts and the Regulations asset forth in Appendix E, including employment practices when the contract covers anyactivity, project, or program set forth in Appendix B of 49 CFR Part 21.
3.Solicitations for Subcontracts, Including Procurements of Materials andEquipment: In all solicitations, either by competitive bidding, or negotiation made by the
contractor for work to be performed under a subcontract, including procurements ofmaterials, or leases of equipment, each potential subcontractor or supplier will benotified by the contractor of the contractor’s obligations under this contract and the Actsand the Regulations relative to Non-discrimination on the grounds of race, color, nationalorigin, sex, age, disability, income-level, or LEP.
4.Information and Reports: The contractor will provide all information and reportsrequired by the Acts, the Regulations and directives issued pursuant thereto and willpermit access to its books, records, accounts, other sources of information, and itsfacilities as may be determined by the Recipient or the FHWA to be pertinent toascertain compliance with such Acts, Regulations, and instructions. Where any
information required of a contractor is in the exclusive possession of another who fails orrefuses to furnish the information, the contractor will so certify to the Recipient or theFHWA, as appropriate, and will set forth what efforts it has made to obtain the
information.
5.Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the
Non-discrimination provisions of this contract, the Recipient will impose such contractsanctions as it or the FHWA may determine to be appropriate, including, but not limitedto:
a.withholding payments to the contractor under the contract until the contractorcomplies; and/orb.cancelling, terminating, or suspending a contract, in whole or in part.
6.Incorporation of Provisions: The contractor will include the provisions of paragraphsone through six in every subcontract, including procurements of materials and leases ofequipment, unless exempt by the Acts, the Regulations and directives issued pursuant
thereto. The contractor will take action with respect to any subcontract or procurement
ATTACHMENT E
DOT Standard Title VI Assurances and Non-Discrimination Provisions
(DOT 1050.2A) - Assurance Appendix A and Assurance Appendix E
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CA0676_South Burlington ST BP22(13) City of South Burlington Page 15 of 17
as the Recipient or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved
in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States
to enter into the litigation to protect the interests of the United States.
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CA0676_South Burlington ST BP22(13) City of South Burlington Page 16 of 17
Assurance Appendix E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin), as implemented by 49 C.F.R. § 21.1 et seq. and 49 C.F.R. § 303;
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (102 Stat. 28.), (“….which restore[d] the broad
scope of coverage and to clarify the application of title IX of the Education Amendments
of 1972, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and title VI of the Civil Rights Act of 1964.”);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Justice regulations at 28 C.F.R. parts 35 and 36, and Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against
minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq), as implemented by 49 C.F.R. § 25.1 et seq.
Grant Agreement# CA0676
CA0676_South Burlington ST BP22(13) City of South Burlington Page 17 of 17
180 Market Street, South Burlington, VT 05403 tel 802.658.7961 www.southburlingtonvt.gov
Physical Address: 104 Landfill Road South Burlington
MEMO
To: Jessie Baker, City Manager
From: Tom DiPietro, Deputy Director of Public Works – Environmental Services
Date: November 10, 2021
Re: Sewer Easement Deed from Fire District 1 (Queen City Park) to the City
SUMMARY
As part of the City’s ongoing design and permitting efforts for upcoming improvements to the Bartlett
Bay Wastewater Facility, staff was inspecting the sewer collection lines
for this facility as part of a state permitting requirement. In doing so we
noticed a sewer pipe located in the wooded area to the east of the Queen
City Park neighborhood had become exposed in a stream bed (see picture
to the right) that is part of Potash Brook. The pipe was originally buried
underground, but over time the adjacent stream’s alignment has altered
causing the pipe to now be within the stream bed. This fact poses serious
and obvious threats to water quality in the event of the pipe experiencing
a failure within an active stream that drains directly to Lake Champlain.
Additionally, staff realized that when this sewer pipe was initially
constructed ~50 years ago, easements were not obtained that would allow
us to access/maintain it. This land is owned by Fire District 1 (the
governmental entity that encompasses the Queen City Park
neighborhood) and staff has worked closely with them to prepare the
attached easement deed granting us legal rights to maintain the pipe today
and in the future.
Both the City’s internal and external legal counsels have reviewed and
approved of the easement in its final form.
Staff has permitted these repairs with the Agency of Natural Resources and has contractor lined up to
make repairs as soon as the deed is accepted.
RECOMMENDATION
Staff recommends the City Council accept the easement deed.
1
STITZEL, PAGE &
FLETCHER, P.C.
ATTORNEYS AT LAW
171 BATTERY STREET
P.O. BOX 1507
BURLINGTON, VERMONT
05402-1507
EASEMENT DEED
KNOW ALL PERSONS BY THESE PRESENTS, that FIRE DISTRICT #1 of
the City of South Burlington in the County of Chittenden and State of Vermont,
(the “Grantor” herein) in consideration of Ten Dollars ($10.00), and other good and
valuable consideration, the receipt and satisfaction of which are hereby
acknowledged, to it paid by the CITY OF SOUTH BURLINGTON, a Vermont
municipality in the County of Chittenden and State of Vermont, (the “Grantee”
herein), does hereby GIVE, GRANT, SELL, CONVEY and CONFIRM unto the said
Grantee, CITY OF SOUTH BURLINGTON, and its successors and assigns forever,
a temporary and perpetual easement and right-of-way for access to and operation,
maintenance, repair and replacement of a sewer force main line and all
appurtenances thereto over, upon and through lands in the City of South
Burlington, County of Chittenden and State of Vermont, more particularly
described as follows:
Being a twenty-foot (20’) wide easement and right-of-way for the installation,
maintenance, repair and replacement of a municipal sewer force main line,
commencing on the easterly boundary line of the lands of the Grantor and
extending in a generally westerly direction, proximate to and northerly of
Potash Brook, so-called, to its intersection with the Grantor’s westerly
boundary line at the lands and premises known and designated as 66 Central
Avenue. Said easement and right-of-way shall be centered on the sewer line
as finally installed.
Reference is made, and the approximate location of said sewer line is more
particularly depicted, on a plan entitled “Approximate Location of
Wastewater Force Main on Fire District #1 Property,” which is attached
hereto as “Exhibit A,” made a part hereof and incorporated by reference
herein (the “Plan”).
Also conveyed herewith is a temporary construction easement five feet (5’) on
either side of the above-described permanent easement and right-of-way over,
2
STITZEL, PAGE &
FLETCHER, P.C.
ATTORNEYS AT LAW
171 BATTERY STREET
P.O. BOX 1507
BURLINGTON, VERMONT
05402-1507
upon, across and through the lands and premises of Grantor at all times
necessary for, but only for the duration of, Grantee’s installation,
maintenance, repair and replacement, of the sewer force main line. In
addition, Grantor also conveys herewith a temporary construction easement
2,500 square feet in area, more or less, until June 1, 2022, for the removal,
reconstruction and replacement of the existing sewer force main line and
related stream bank stabilization activities, which is depicted as “Temporary
Construction Easement Area” on the Plan.
Included in this conveyance is a ten-foot (10’) wide permanent easement and
right-of-way for vehicular and pedestrian access to the aforesaid sewer force
main line and for operation, maintenance, improvement, upgrade, repair and
replacement purposes, along and parallel to the southerly boundary line of
Grantor’s lands and premises known and designated as 64 Central Avenue.
This deed shall also act as a bill of sale and does hereby convey certain sewer-
related improvements for the Grantor’s sewer system including all sewer
pipes, manholes and all appurtenances thereto that are located within the
limits of the easements depicted on the Plan, together with all fixtures,
appurtenances and equipment associated therewith, and located on, under
and through the easement herein conveyed, to the Grantee free from all
encumbrances.
Grantee agrees, for itself and its successors and assigns, that any premises
affected by its entry pursuant to this easement shall be restored as near as
reasonably practicable to their condition prior to such entry at its own cost
and within a reasonable time.
The within Grantor, its successors and assigns, shall have the right to make
use of the surface of the right-of-way and easement area such as shall not be
inconsistent with the use of said right-of-way and easement area, but shall
place no structures, landscaping or other improvements within said right-of-
way and easement area which shall prevent or interfere with the within
Grantee’s ability to use said right-of-way and easement area. Grantor, its
successors and assigns, shall not damage, modify, obstruct or in any way
interfere with operation of the Grantee’s sewer system.
Being a portion of the lands and premises conveyed to the Grantor by Quit
Claim Deed of the Queen City Park Association, dated September 15, 1949,
and recorded in Book 24, Page 163 of the City of South Burlington Land
Records.
Reference is hereby made to the above-mentioned deeds, instruments, plans
and Plan, and the records thereof, and the references therein made all in
further aid of this description.
3
STITZEL, PAGE &
FLETCHER, P.C.
ATTORNEYS AT LAW
171 BATTERY STREET
P.O. BOX 1507
BURLINGTON, VERMONT
05402-1507
TO HAVE AND TO HOLD the above granted rights and privileges in, upon
and over said premises unto Grantee, CITY OF SOUTH BURLINGTON, its
successors and assigns forever; and Grantor, FIRE DISTRICT #1, does for itself and
its successors and assigns, covenant with Grantee and its successors and assigns,
that Grantor is lawfully seized in fee simple of the aforesaid premises, that they are
free from all encumbrances, that the Grantor has good right and title to sell and
convey the rights as aforesaid and that Grantor, and its successors and assigns,
shall WARRANT and DEFEND the same to Grantee and its successors and assigns
forever against the lawful claims and demands of all persons.
IN WITNESS WHEREOF, Grantor hereunto sets its hand and seal this _____
day of __________________, 2021.
FIRE DISTRICT #1
By: _____________________________
Duly Authorized Agent
STATE OF VERMONT
COUNTY OF CHITTENDEN, SS.
At South Burlington, Vermont, this ____ day of _____________________, 2021,
personally appeared ________________________________, _______________________
and duly authorized agent of FIRE DISTRICT #1, and he/she acknowledged this
instrument, by him/her subscribed, to be his/her free act and deed and the free act
and deed of FIRE DISTRICT #1
Before me, _______________________________
Notary Public
My Commission Expires: 1/31/23
My Commission #:
SON21-003 (Fire Dist No. 1) Easement Deed for Sewer Line final rea.docx
EXHIBIT A TO EASEMENT DEED FROM FIRE DISTRICT #1 TO CITY OF SOUTH BURLINGTON
Approximate location of sewer force main
Temporary Construction Easement Area
xxxxxxxx
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: November 12, 2021
Re: FY22 Policy Priorities and Strategies Adoption
Thank you for participating in the recent efforts to develop a series of Policy Priorities and Strategies for FY22.
In the spreadsheets attached, we have reflected the data and discussion collected at the Retreat on October
30, 2021. For ease of reading, we have organized these based on the following policy areas:
• 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.
• Core Municipal Services and Administration – As represented by the approved FY22 City budget.
In each policy area, we have further broken down the strategies into:
• Must Do – Council expressed interest.
• Committee Interest – Committees would like to work on these things.
• Pending Community and Committee Interest or Pending Funding – Pending resources and interest.
• Core Services – The Leadership Team sees these as important.
In this set of priorities, we have also included the number of CC (City Council) and LT (Leadership Team) votes
each item received. And we have included a “Bike Rack” of ideas for the future.
Next Steps: Pending your discussion and final feedback, we hope you will consider adopting a set of FY22
Policy Priorities and Strategies that will guide the work of the Council, staff, and Committees over the
remainder of the fiscal year. The Leadership Team will regularly report to the Council on progress made
toward these shared goals. After Town Meeting Day, and in preparation for the start of FY23, we will review
these Priorities and come to agreement on a set an amended priorities for FY23. This will continue to be an
iterative process of priority setting, acting, reviewing, and shared accountability for (hopefully) the years to
come.
Finally, on behalf of the Leadership Team, our sincere thanks to all the of the City Councilors and community
members who engaged in this effort!
Description Creating a robust sense of place and opportunity for our residents and visitors.
Implementation Strategy Description CC vote LT vote Responsible
Leader(s)
Timeline Committe
e
Action
LDR Updates:
*Explore rezoning the land around the airport
*Continue revisions to City Center Form Based Code and associated Official Map updates
to support successful development of the downtown
4 Paul FY22 EDC, PC *EDC to participate in airport rezoning
subcommittee
*PC to discuss and adopt all
Start planning for (identify funding, project timeline, and connection to Comp Plan
update) the develop a Park Master Plan to assess neighborhoods for unique features and
determine how best to ensure equity of amenities like: accessibility, open space, park
space, walkability, e-bikes, etc.
*Focus on evaluating City trail connectivity [link to Walkable and Clean & Green]
4 7 Ashley, Holly multi-year RPC,
NRCC
Make recommendations to Council and staff
Plan for Recreation Center future (new facility, existing spaces, etc.)?2 6 Holly, Ilona multi-year RPC Provide recommendations to the City Council
***Engage/invite residents to provide input on what a robust community means to them
*Exploring a model(s) to engage residents - including potentially a permanent Town
Meeting Day Survey to track longitudinal data or RDD-type survey with benchmarking
*Assess progress toward achieving a community identity
*Examine how to increase participation in city discussions
*Increase ways to foster invitations to diverse populations to help our City
2 5 Coralee and
all
ongoing
***Continue to strengthen community identity and commitment to communications
*Refine and enhance a strategy for outward communications (checklists, structures, types,
branding, etc)
*Develop comprehensive communications policy
*Provide training to staff and committees
*Update City's website for clear resident communication
*Provide resources for our non-English speaking population
1 5 Coralee ongoing
Develop a policy on when the City assumes ownership for privately developed parks, open
spaces, and roads (rec paths and sidewalks), and ensure maintenance resources are
developed
1 2 Paul, Holly,
Jessie, Justin
FY22 - FY23
SBPD will continue to be a progressive leader in the evolution of police use of force and de-
escalation principals as we adopt, train, and implement the 2021 legislation on Use of
Force
1 2 Shawn ongoing
Support Art in City Center 1 2 PASC/Commu
nity
Development
ongoing Public Art
Selection
Committe
e
* Hold dedication events for art; * Mount shows
in public gallery; * Select art for upcoming
projects
Participate in the Airport Sound Committee and ensure noise mitigation funds are
available to the community
1 1 Jessie, Paul ongoing
Promote the expansion of Dog Park (Wheeler Dog Park) offerings both on publicly-owned
lands and with new development proposals
1 Holly, Paul 5 years CAD Consider plans and provide feedback
Complete project to put land records online 1 Donna FY22
Support Trustees in completing Library Strategic Plan Jennifer FY22 Library
Trustees
Complete Library Strategic Plan
Modernize rules and regulations on dogs and common spaces for dogs Colin, Holly,
Justin,
Shawn,
Ashley
FY22-FY23 CAD Review and recommend ordinance changes
Conduct a cultural assessment (artist/arts inventory) in preparation for a future potential
cultural plan (ARPA?)
1 Ilona FY22 PASC Review recommendations for the use of ARPA
dollars; Conduct Inventory
Build art into public spaces throughout South Burlington Ilona multi-year PASC Issue Call for Art to develop ideas for future art
installations city wide
Committee
Interest
Must Do
City of South Burlington
FY22 Policy Priorities & Strategies
Last Updated: 11/12/21
Affordable and Community Strong
*Be affordable, with housing for people of all incomes, lifestyles, and stages of life
*Keep unique features, and maintain or enhance the quality of life of existing neighborhoods
*Be a recognized leader in public education offerings and outcomes
*Provide quality public safety, infrastructure, health, wellness, and recreation services
*Ensure transparent and accessible government.
"This is how we are accomplishing this vision.""This is how our resident committees can inform policy and
Role of City Manager and Leadership Team Role of City Committee
*Take into account the quality of life of residents, employees, and visitors in the development of City policies, plans, projects, and regulations
*Actively plan for public spaces throughout the City, including public open spaces and public art, such that these spaces can be utilized daily and also for special community-oriented events.
*Establish vibrant streetscapes, civic spaces, public art and public facilities in the Central District and City Center.
Description Creating a robust sense of place and opportunity for our residents and visitors.
Implementation Strategy Description CC vote LT vote Responsible
Leader(s)
Timeline Committe
e
Action
Affordable and Community Strong
*Be affordable, with housing for people of all incomes, lifestyles, and stages of life
*Keep unique features, and maintain or enhance the quality of life of existing neighborhoods
*Be a recognized leader in public education offerings and outcomes
*Provide quality public safety, infrastructure, health, wellness, and recreation services
*Ensure transparent and accessible government.
"This is how we are accomplishing this vision.""This is how our resident committees can inform policy and
Role of City Manager and Leadership Team Role of City Committee
*Take into account the quality of life of residents, employees, and visitors in the development of City policies, plans, projects, and regulations
*Actively plan for public spaces throughout the City, including public open spaces and public art, such that these spaces can be utilized daily and also for special community-oriented events.
*Establish vibrant streetscapes, civic spaces, public art and public facilities in the Central District and City Center.
Plan for a Fall 2022 Literary Streetfest on Market Street Jennifer FY22-FY23 Library
Trustees
Guide planning for Literary Streetfest
PC Adopt new Accessory Dwelling Unit standards
PC Adopt updated regulations including PUDs and
subdivisions
AHC Explore funding mechanisms to increase
funding to Affordable Housing Trust Fund and
make recommendations to Council
AHC Work with staff to review options for buying
privately owned or developing existing city-
owned land to develop additional perpetually
affordable housing
EDC Work with staff to review options for buying or
developing existing city-owned land
PC Develop tools for core areas of the City,
including neighborhoods, commercial PUDs,
infill, redevelopment PUDs, and/or extended
use of TDRS
Continue focus on developing City Center and successfully administering the TIF district
*Gain approval of a Substantial Change request
*TIF 5 year audit
1 Ilona multi-year
Plan for effective use of ARPA funding
*Infrastructure (including IT)
*Affordable Housing
*Economic development and business support
1 Andrew multi-year AHC, EDC Make recommendations to Council on how best
to use ARPA funding for housing and economic
development
Complete LDR Amendment process:
*Extend inclusionary zoning city-wide
*Zoning District amendments to align with Comprehensive Plan
Paul FY22
Strengthen relationship with the School Board and develop a coordinated budget and
priorities for the City as a whole.
4 Jessie ongoing
Increase and coordinate Recreation & Parks and Library programming to provide
opportunities for community engagement
1 Holly,
Jennifer
ongoing
Complete a city-wide assessment and update to city addresses to be compliant with state
required E9-1-1 system
2 Marla Ongoing
SBPD will continue to be a leader in recognizing bias in policing and establishing
meaningful relationships with the immigrant community. This work includes education for
staff and leveraging the partnership formed with our cultural brokers.
Shawn FY22
Complete Szymanski Park Improvements Holly, Justin FY22
South Village Field: Determine future use and work with developer on construction Holly, Justin FY22
Hubbard Natural Area: Complete design phase and prepare bid documents Ashley, Justin FY22
Red Rocks: Complete permitting for park improvements 1 Ashley, Justin FY22
`
Committee
Interest
Core Services
Description
Implementation Strategy Description CC
vote
LT
vote
Responsible
Leader(s)
Timeline Committee Action
Williston Road Streetscape: Complete design and initiate ROW
acquisition
3 2 Justin, Ilona FY22
Complete 8 to 10 projects prioritized in Penny for Paths as a step to
tie together network for accessibility for all
2 2 Justin, Ashley FY22 BPC Inform P4Ps priorities
Improve connections between maintenance costs and capital (public
and private) investments
*Assess maintenance standards and commitment to level of service
*Reflect these decisions in maintenance budgets
*2022 - Focus on line striping budget and timeline
*Continue to diversify the maintenance fleet (smaller more nimble
fleet pieces) to meet changing transportation designs
1 6 Justin ongoing
Work with folks at GMT to improve and enhance transit options in
the City and throughout the region.
1 3 Jessie, Paul,
Justin
ongoing
Garden Street: Complete the right of way acquisition and design; bid
out project
1 3 Justin, Ilona FY22
Update City-wide official map to include examination of east-west
roads
1 Paul FY22 PC Consider and adopt new official map
Complete Transportation Impact Fee update Justin, Paul FY22
Complete Transportation Demand Management Regulations 1 Justin, Paul ongoing PC Consider and adopt new regulations
LDR Amendments to promote walkable neighborhoods and
environmental conservation
*Replace Subdivision and Master Plan Standards
*New Planned Unit Development Types: Conservation, Traditional
Neighborhood
*Establish citywide Civic Space Types, Street Types and Building
Types and Residential Design
Justin, Paul FY22 and
FY23
PC, NRCC PC: Consider and adopt new regulations
NRCC: Advise on concepts
Consider UPWP applications to build out bike/ped infrastructure to
create an accessible network for all residents with focus on scoping
projects for next two years.
1 Paul, Ashley,
Justin
multi-year EC, BPC Support funds, participate in
conversations around related projects
Consider multi-modal transportation planning and implementation
expertise when hiring the next DPW Director
Jessie FY22
2 BPC Develop strategy to connect with
residents about how to interact and
engage with each other via different
modes of transportation in a respectful
and responsible way.
EDC Continue to participate in I89 Corridor
conversationPending
funding
Pursue other projects in City Center as funded (Ped/Bike Bridge)Ilona ongoing
Committee
Interest
City of South Burlington
FY22 Policy Priorities & Strategies
Last Updated: 11/12/21
Walkable
Bicycle and pedestrian friendly with safe transportation infrastructure.
*Develop a safe and efficient transportation system that supports pedestrian, bicycle, and transit options while accommodating the automobile
"This is how we are accomplishing this vision.""This is how our resident committees can inform policy
and help implement policy."
Role of City Manager and Leadership Team Role of City Committee
*Establish a city center with pedestrian-oriented design, mixed uses, and public buildings and civic spaces that act as a focal point to the community.
Must Do
Core Services
Description
Implementation Strategy Description CC vote LT
vote
Responsible Leader(s)Timeline Commit
tee
Action
Continue to reduce our phosphorus discharges into Lake Champlain;
work with DEC on a possible P-Credit Program as we are achieving
great results that others could benefit from with our P reduction
3 3 Justin ongoing
*** Develop the City's Climate Action Plan (including a specific
Transportation Implementation Plan and Governance
Implementation Plan) [Transportation Plan link to Walkable]
3 2 Paul FY22-FY23 Task
Force,
EC
Participate in Climate Change planning;
provide recommendations
Support reduction in fossil fuel use in South Burlington by looking at
viable alternative fuel options for City fleet
*Research capacity of new technology and weigh against cost of new
investment for future budget consideration
*Expand use of electric hand held equipment and investigate the
replacement of gas-powered equipment/fleet with
electric/renewable equivalents
*Integrate into relevant sections of the Climate Action Plan
*By leveraging the Cloud, reduce onsite hardware to result in lower
energy consumption
2 5 Justin, Paul, Chiefs,
Lou
ongoing
Prepare for an Chloride TMDL by instituting winter maintenance best
practices and working with the private sector on their SOPs. Perhaps
a Stormwater Credit can be created for private sector Cl- reductions
2 2 Justin, Paul ongoing
Improve management/maintenance of City-owned open spaces
*Pursue acquisition/conservation of properties based on Council
directions and priorities
*Develop a policy to evaluate a parcel's use (access or not)
*Review and update current Open Space Fund parameters
*Create City Open Space Management Plans
*Develop funding strategy for maintenance management and open
space plan
*Recommend process for funding ongoing maintenance and
management
*Ensure all documentation is centrally maintained
1 10 Jessie, Ashley, Justin,
Paul
multi-year NRCC Develop Open Space Plan to document
strategy for prioritizing conservation
and stewardship of land in the City.
Complete Auclair conservation plan 1 3 Paul FY22
Continue to collect, monitor and analyze energy data for City
facilities
*Post reports to the website
1 1 Lou ongoing EC, BPC Provide support; recommendations
Review and consider updates to Tree Ordinance 1 1 Justin FY22 NRCC Make recommendations to Council
Review and consider changes to the City's Emerald Ash Borer Plan 1 Justin FY22 NRCC Make recommendations to Council
LDR Updates:
*Update regulations to include requirements for increasing energy
efficiency for all development (highest already in the State) to
potentially include solar generation requirement for new
development
1 Paul FY22-FY23 PC Consider and possibly make
recommendation to Council.
1 EC Participate in Button up and other
community education opportunities;
support efforts to weatherize as part of
noise mitigation
EDC Explore ways to recruit and retain clean
energy businesses
Must Do
Committee
Interest
City of South Burlington
FY22 Policy Priorities & Strategies
Last Updated: 11/12/21
Green & Clean
Emphasizing sustainability for long-term viability of a clean and green South Burlington
*Promote conservation of identified important natural areas, open spaces, aquatic resources, air quality, arable land and other agricultural resources, historic sites and structures,
"This is how we are accomplishing this vision.""This is how our resident committees can inform
policy and help implement policy."
Role of City Manager and Leadership Team Role of City Committee
*Reduce energy consumption city-wide and increase renewable energy production where appropriate.
*Climate Change Resolution
Description
Implementation Strategy Description CC vote LT
vote
Responsible Leader(s)Timeline Commit
tee
Action
Green & Clean
Emphasizing sustainability for long-term viability of a clean and green South Burlington
*Promote conservation of identified important natural areas, open spaces, aquatic resources, air quality, arable land and other agricultural resources, historic sites and structures,
"This is how we are accomplishing this vision.""This is how our resident committees can inform
policy and help implement policy."
Role of City Manager and Leadership Team Role of City Committee
*Reduce energy consumption city-wide and increase renewable energy production where appropriate.
*Climate Change Resolution
EC Assist the City with identifying
additional investments in energy
efficiency improvements and operating
practices in municipal buildings and
other facilities that will reduce their
energy cost and associated carbon
footprint.
Complete LDR Amendment process:
*Conservation PUDs and Environmental Protection Standards
*LDR Amendments to facilitate accessory dwelling units, solar ready
roofs and solar gain, accessory structures, and other minor
amendments
*Zoning District amendments to align with Comprehensive Plan
Paul FY22
New LDR Amendment Round
*To support redevelopment and infill in built up areas including TDRs
and PUDs
Paul FY22-FY23 PC Consider and possibly make
recommendation to Council.
Update All-Hazard Mitigation Plan Terry, Paul FY22
Achieve LEED Certification for 180 Market Street Ilona, Lou, Justin FY22
Committee
Interest
Core
Services
Description
Implementation Strategy Description CC vote LT vote Responsible
Leader(s)
Timeline Committee Action
Be nimble in supporting future of U Mall.
*Consider additional commercial uses
*Consider campus housing
*Explore restoring unused impervious areas to natural state for stormawater
mitigation and community garden for local food production
4 4 Jessie, Ilona ongoing
Dorset Street Signals:
*Complete hardware project planning and bidding
*Consider how to make Dorset more walkable
2 4 Justin FY22 - FY24
Develop plan to provide dispatch services to partner communities 2 3 Shawn FY22
Develop metrics for fiscal and economic development: do we have a tax base
goal? What do we need to be financially sustainable? How do we support GL
growth that enables this?
2 3 Jessie, Ilona ongoing EDC Develop and review metrics
Continue to represent the City on regional and state-wide boards: VLCT, CCRPC,
Clerks' Association, VT Bar Association, Green Mountain Water & Environment
Association (GMWEA), Vermont Chapter of the Institute of Transportation
Engineers (VTITE), and VT Clean Water Advisory Committee (CWAC)
2 1 All ongoing
Assess the City's Industrial-Commercial Zoning districts: What uses MUST be away
from housing? Should we reserve land for those purposes only while making other
"business parks" eligible for a wider range of mixed uses?
2 Paul FY22-FY23 PC and EDC Provide feedback and review of
options
Participate in the region's Building Homes Together campaign
(http://www.ecosproject.com/building-homes-together) with a focus on financing
tools, link to transportation, and food/gardening resources
1 7 Jessie, Paul 5 years
Maintain presence on the Champlain Valley Conservation Partnership to support
regional conservation and stewardship goals.
3 Ashley ongoing
2 AHC Identify regulatory barriers and
added costs of developing multi-unit
buildings and propose ways for SB to
address them. Could include: waiver
or reduction of city impact and
permit fees for perpetually
affordable developments
AHC Articulate connections between
dense housing development and
climate change solutions
AHC Review zoning districts city-wide to
identify additional locations for
residential/mixed-use zoning
including conducting an inventory of
vacant space.
AHC Identify regulatory barriers and
added costs of redeveloping areas of
SB and propose ways to address
them
EDC Identify staff support for EDC
Pending
Community or
Committee
interest
Consider ballot item on Commercial Cannabis Jessie FY22 EDC Explore Commercial Cannabis,
monitor CCB's efforts and make
recommendations to Council
Participate in State-wide Code Review conversations and adjust local ordinances as
needed
Terry FY22
Offer City-owned spaces to community for use with a focus on events in City
Center
Coralee,
Holly,
Jennifer
FY22
Committee
Interest
Core Service
City of South Burlington
FY22 Policy Priorities & Strategies
Last Updated: 11/12/21
Being a supportive and engaged member of the larger regional and statewide community.
*Prioritize development that occurs within the community into the higher intensity areas identified within this Plan
Must Do
"This is how we are accomplishing this vision.""This is how our resident committees can inform
Role of City Manager and Leadership Team Role of City Committee
*Support a diverse and vibrant economy built on quality jobs, employment centers and a supportive educational and research system; support markets for local agricultural and food
products.
Opportunity Oriented
Implementation Strategy Description CC
vote
LT
vote
Responsible Leader(s)Timeline Committee Action
***Focus on equity and inclusion
*Develop and adopt a City-wide equity and inclusion statement
*Year 1 implementation plan to the Council
*Internal staff training
*Increase representation on committees by inviting folks to
participate
*Implement new processes for receiving inclusive input on city
policies and projects
*Participate in state-wide Fair and Impartial Policing training and
policy development
*Develop accessible outreach materials regarding elections and city
services
3 13 All Staff (leads: Jessie,
Coralee, Shawn)
FY22-FY23
and
ongoing
AHC Propose an Impact Assessment
Checklist for Council
consideration
Consider charter changes related to governance and monitor
reappointment of legislative districts
4 Jessie, Donna FY22 - FY23
*** Modernize the City's Personnel Policies and Practices
*Update Personnel Handbook
*Focus on recruitment and retention to reflect the community we
serve
*Analyze the staff we need to provide the level of service we want to
provide
*Focus on onboarding, orientation, and cross-department
collaboration
*Institute an annual review process and Staff Development Program
with staff input
*Ensure first responders have specialized training they need
*Consider benefits we can offer for PT employees for recruitment
and retention
*Consider succession planning
*Complete a wage classification study
*Support staff well-being, empowerment, and opportunities
2 13 Coralee FY22 and
FY23
Develop redundancy for IT services
*Including encrypted emails
*Malware-proofing
2 Mike ongoing
*** Continue commitment to moving to and maintaining electronic
records
*Focus on Fire, Finance, and HR records and complete historic
permits
*Work to link parcel data through Planning & Zoning, Assessor, and
DPW
**Consider backup plans should we lose files and internet
1 4 All ongoing
***Update permitting systems and processes:
*Provide technology to streamline processes
*Build an expedited pathway for Sustainable Energy Projects
*Support efficient DRB review
1 Paul FY22 PC
(recommend
ed by EDC)
Update permitting system:
Ensure an expedited pathway
for high impact priority projects
Initiate review of progress on the 2016 Comprehensive Plan in
preparation for the 2024 Plan.
1 All Departments and
Committees
FY22-FY24 All
committees
Participate in review of progress
on the 2016 Comprehensive
Plan in preparation for the 2024
Plan.
City of South Burlington
FY22 Policy Priorities & Strategies
Last Updated: 11/12/21
Core Municipal Services and Administration
Must Do
"This is how we are accomplishing this vision.""This is how our resident committees can
inform policy and help implement policy."
Role of City Manager and Leadership Team Role of City Committee
Implementation Strategy Description CC
vote
LT
vote
Responsible Leader(s)Timeline Committee Action
Core Municipal Services and Administration
"This is how we are accomplishing this vision.""This is how our resident committees can
inform policy and help implement policy."
Role of City Manager and Leadership Team Role of City Committee
*** Continue focus on being customer service oriented
*Set internal and external customer service standards
*Focus on moving from paper forms to digital forms with possibility
for credit card payments
*Implement E-fax to eliminate fax machine needs
All ongoing
Reduce water loss (which directly translated to lost water use
revenue) through the continuation of a water meter replacement
program
Justin 3 years
Implement Office 365 Mike FY22 for
FY23
Complete Reappraisal and attend to equity concerns raised through
BCA process
Martha L FY22
Clean up delinquency list and put in place payment plans Martha L FY22
Consider a policy on camping/domicile on public property or
encampment policy to best serve our neighbors and our property
3 Jessie, Colin FY22
Core Services
Ideas CC vote LT vote
Rental Registry and/or Housing Ordinance/Short-term Rentals (AirBnb)1 1
Partner with Burlington for a Regional Tech Center 1 1
Resident Parking Ordinance 1
Work with partners to extend the Bike Share Program into more South Burlington neighborhoods
*Assess motorized vehicles on shared use path system and develop policies around signage and safety
4
Must for FY23: City Center Park Phase II: Initiate design for City Center Park pedestrian and bicycle
boardwalk connection
2
Revisit Winter Parking Ban
City pledge to not to use herbicides or fungicides on South Burlington parks, recreation or other
owned property and to encourage property owners to do the same.
Work with public/homeowners to educate about maintaining backyard stream/wetland buffers
Need a definition for committee liaisons and tasks/obligations
Develop a policy for abandoned properties
Investment policy to match Climate Action Resolution
Policy: Every land use issue or decision must have a climate change or mitigation as the primary guiding
principle
Consider sustainability in purchasing vs cost
Research Tech neutral approach to carbon emissions reductions
Explore updating the City's Noise and Nuisance ordinances and related LDRs
Mary Street - Add sidewalk
City of South Burlington
FY22 Policy Priorities & Strategies
Last Updated: 11/12/21
Bike Rack
TO: Jessie Baker, City Manager
FROM: Ilona Blanchard, Community Development Director
SUBJECT: TIF District Substantial Change-Public Hearing and consideration of
approval of substantial change
DATE: November 11, 2021
BACKGROUND:
As discussed in September, the City Center TIF District will have been
active (since the first debt was incurred) for five years next year (2022).
Administratively, this will trigger the state audit of the district. The TIF
District Financing Plan will also be seven-years-old. In order to increase
clarity during the audit process, a draft Substantial Change Request has
been prepared to reflect what has happened in the interim and current City
priorities. The draft Substantial Change Request updates a) financial
models to forecast revenue, b) list of planned projects, 3) timelines and 4)
estimated expenditures in the TIF District Financing Plan. The attached
draft includes additional detail regarding the updates and changes in the
narrative and subsequent tables.
This update reflects that the largest property in the district now has a
developer with projects that are complete, permitted or underway, the City
has revised the list of public infrastructure projects the City plans to
complete, and land values have been reassessed.
Per VEPC, the Substantial Change Request, the City Council must
approve the request following a warned public hearing to obtain comments
from the public. The plan will need to be submitted November 19, in order
that the request may be considered at the December Vermont Economic
Progress Council meeting.
Note that the draft Substantial Change Request is on the conservative side;
it forecasts TIF revenue closer to the low end of the previously provided
forecast, a slower debt incurrence schedule, and includes slightly higher
costs for projects compared to what had been included in the model
presented in September.
The change also omits City contributions to project costs aside from those
required by the VEPC approved TIF Financing Plan proportion that may
be funded through TIF District financing.
ATTACHMENTS: • Draft Substantial Change Request
• Joint Submittal Letter from the Chair and the City Manager
RECOMMENDATION: • Hold a public hearing;
• Receive comments and discuss;
• Consider approval of the substantial change to the City Center TIF
District and submittal (with non-substantive edits).
1
SOUTH BURLINGTON
TAX INCREMENT FINANCING DISTRICT
SUBSTANTIAL CHANGE REQUEST 2021
CONTENTS:
Introduction and Background ................................................................................................................... 1
Summary of Requested Substantial Changes ........................................................................................... 2
Public Improvement Projects and Estimated Costs .................................................................................. 3
Projected Future Real Property Development ......................................................................................... 5
Projected TIF District Tax Increment Revenues ........................................................................................ 8
Debt and Debt Payments .......................................................................................................................... 9
Criteria .................................................................................................................................................... 10
Tables
6H: Infrastructure Costs
6H: Property Tax Revenue Projection Summary
6M: Real Property Development Projects ‐ Incremental Value
6O: Summary of All Revenue Sources
6P: Summary of All Annual Debt
6QA: Cash Flow ‐ TIF Financed Portion
6R: Related Costs
City of South Burlington Tax Rate History
INTRODUCTION AND BACKGROUND
In 2012, the City of South Burlington submitted an application for a TIF District to the Vermont Economic
Progress Council (VEPC) for a TIF District created on April 1, 2012. VEPC approved the City Center
TIF District in 2013, and the Financing Plan in 2015. The City incurred the first debt in 2017, setting the
20-year increment retention period for revenue generated on the 2017 grand list through the 2036 grand
list (FY 2018 tax collection period through FY 2037 tax collection period). A substantial change request
was approved in 2018 to separate out the Senior Center as a stand-alone facility from the recreation
South Burlington’s City Center | TIF Substantial Change Narrative
November 2021
2
center (built with the Library and City Hall). In 2020 and 2021, through acts of the legislature, the term in
which to incur debt was expanded due to COVID from the original term, and is now through March 31,
2024.
In the years since VEPC approval, the City has been diligently pursuing plans to implement the community
vision in order to fulfill the TIF District Plan. Developers have been permitting and developing projects.
At this time the City is requesting a substantial change to bring the approved plans projects, costs, and
development into line with what has occurred over the ensuing time. Projections, models and estimates
will be updated to the best of the City’s knowledge at this time.
The community purpose of the City’s TIF District remains the same: an identifiable downtown center in
which to gather with an enhanced public realm that creates long term economic value for the City, Region
and State. The thread of sustainability - to create place that supports, sustains and connects people,
enhance transportation, and protect the environment - runs through each project in which the City
engages. These goals have become more pressing with the threats of COVID and economic adversity, the
need to be inclusive and equitable and for with shared civil spaces for hard, complex conversations, and
meet the challenges of climate change.
Since 2018, the City has made many advances. Market Street is complete. The City Center Park Phase I
is complete. Garden Street is at 60% design, with the southern section approved for TIF District financing
by the voters. The South Burlington Public Library and City Hall is open to the public, creating a gathering
space for the entire community and creating an amenity for the region. The Williston Road Streetscape
has a federal grant in the amount of $800,000 and is at 30% design. The City has scoped the Pedestrian
and Bicycle Bridge over I-89 at Exit 14, and continues to apply for Federal funding, with an application in
for a RAISE grant.
Six private development projects have been built, and one is in construction, two have completed site
plan and one is in site plan review. The entire SBCC, LLC property (the largest and most central) is under
contract to Snyder-Braverman and has completed permitting for Act 250, stormwater and wetlands (state
and federal).
The area directly around and adjacent to the TIF District has also benefited with substantial investment in
multiple retail sites, small scale office, a hotel, and residential mixed-use.
On __________, the City Council held a public hearing on the draft Substantial Change and unanimously
approved the submittal of this plan to VEPC.
SUMMARY OF REQUESTED SUBSTANTIAL CHANGES
The City is proposing the following changes to the TIF District Plan and the Financing Plan:
Remove the following projects from the Plan:
Recreation Center
Stormwater Treatment and Wetland Mitigation
South Burlington’s City Center | TIF Substantial Change Narrative
November 2021
3
Structured Parking
Urban Park and Festival Streets
In the intervening years since the plans approvals, the City has worked with the consultants developing
project designs, put projects out to bid, built projects and experienced real market conditions such as
COVID. Estimates of costs have been accordingly updated. The City has also adjusted timelines to more
accurately represent the anticipated build-out and City public investment. Please refer to the Public
Improvement Projects and Estimated Costs (following) for the updated timing and costs information.
The City is also updating the real development model. See Projected Future Real Property Development
for this updated information.
PUBLIC IMPROVEMENT PROJECTS AND ESTIMATED COSTS
Eleven projects were approved in the TIF District Plan. The cost estimates for five of these projects has
been improved to reflect current available information. The four remaining projects, as mentioned
earlier, are being removed from the plan.
MARKET STREET
Market Street is 100% eligible for TIF District Financing. In the 2015 Financing Plan, the estimate for
Market Street was increased to over 9.3 million dollars, of which $3,741,978 was estimated to be financed
by TIF District Financing. The project was planned to break ground in 2016.
The project ended up costing 9.5 million dollars, of which approximately $3,740,000 has been funded with
TIF District Financing. The project broke ground in 2018, and reopened in 2019, completing minor items
through the COVID pandemic in 2020 and 2021.
GARDEN STREET
Garden Street is 100% eligible for TIF District Financing. This project was identified as “Street A” in the TIF
District Plan but since then was officially named “Garden Street” by the Planning Commission. This project
includes Garden Street from Dorset to Williston Road via Midas Drive and the two Williston Road
intersection improvements as required by the Federal Environmental Assessment to support the
development of City Center at White Street and at Hinesburg Road.
In the 2015 Financing Plan, the estimate for this project was $9,807,261, of which $9,108,061 was
estimated to be financed by TIF District Financing. The project was planned to break ground in 2016.
The current estimated cost is 11.8 million dollars of which $11.8 million would be funded with TIF District
Financing. This includes adding pedestrian/bicycle improvements and utilities to the Dorset end
connecting the northern end to Midas Drive and reconstructing Midas Drive, and reconstructing the White
Streets and Patchen Road intersections and adding pedestrian and bicycle improvements. The portion of
the project from Dorset Street through Midas Drive is expected to break ground in 2023. The intersection
portion would be expected to break ground in 2024.
CITY CENTER PARK
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This project is 95% eligible for TIF District Financing. The final approved project concept includes the
development of the Dumont parcel and connections across wetland system that lie within the TIF District
adjacent to the parcel.
The 2015 Financing Plan roughly estimated the project cost at $2.9 million. The project was planned at
that time to break ground in 2018.
Current total project cost estimates are in the realm of $2.5 million. This project broke ground in 2017 -
Phase I of the project: the development of the Dumont parcel into City Center Park - and opened to the
public in 2018. Phase II, the wetland connections, are expected to be designed within the next year, and
then break ground in 2023.
Phase II creates a strong north-south pedestrian/bicycle connection that ties City Center shopping,
residences and City services to the middle school, high school, neighborhoods and recreation resources
to the south.
MUNICIPAL BUILDING, LIBRARY, RECREATION CENTER (REMOVE FROM THE DISTRICT) AND SENIOR CENTER
PLAN.
The Municipal Building (City Hall) is 10% TIF District financing eligible, the Library, Recreation Center and
Senior Center (per Substantial Change 2018) are 30% TIF District Financing eligible.
The 2015 Financing Plan estimated the Municipal Building cost at $3,733,560, the Library at $10,973,880,
and the Recreation Center at $18,949,680. The TIF funded cost was estimated to be $373,356,
$3,292,165, and 5,684,904 respectively. This project was estimated to begin construction in 2017.
The South Burlington Public Library and City Hall (with the Senior Center) began construction in 2019 and
opened to the public in 2021. The estimated cost is $5.5 million for the City Hall, $15 million for the
Library, and $1.5 million for the Senior Center, with $550,000 in TIF District Financing for the City Hall,
$4,508,000 in TIF District Financing for the Library, and $439,000 in TIF District Financing for the Senior
Center.
The Recreation Center project is proposed to be removed from the TIF District Plan.
CENTRAL URBAN PARK – REMOVE PROJECT FROM THE TIF DISTRICT PLAN
This project is 100% TIF District Financing eligible and estimated to cost $4,898,432 per the 2015 TIF
District Financing Plan. There is no identified location for this project. The planned Central Urban Park
project is proposed to be removed from the TIF District Plan.
PUBLIC PARKING - REMOVE PROJECT FROM THE TIF DISTRICT PLAN
This project was 100% TIF District Financing Eligible and estimated to cost $14.5 million. There is no
identified location for this project. Demand does not justify public investment in public shared structured
parking. The planned Public Parking project is proposed to be removed from the TIF District Plan.
STORMWATER TREATMENT AND WETLAND MITIGATION/STREAM RESTORATION - REMOVE PROJECT FROM THE
TIF DISTRICT PLAN
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This was determined to be 100% eligible for TIF District Financing. It was estimated to cost $4.5 million in
the 2015 Financing Plan. This is not required to complete development. The planned Stormwater
Treatment and Wetland Mitigation/Stream Restoration project is proposed to be removed from the TIF
District Plan.
WILLISTON ROAD STREETSCAPE
The Williston Road Streetscape, was estimated to cost just over $4 million in the 2015 Financing Plan, and
is 50% eligible for TIF District Financing. It was estimated to begin construction in 2020.
The current cost estimate for this project (in conceptual design as a streetscape on the south side of the
roadway) is projected to be $2.6 million. The project is anticipated to begin construction in 2023.
The City secured CCRPC assistance during the scoping phase and $800,000 in federal funding to complete
the streetscape. The City also has been contributing to a reserve fund and may apply for additional grant
funds if necessary to provide the City’s share of costs.
PEDESTRIAN – BICYCLE BRIDGE OVER INTERSTATE 89
This project is estimated to cost $14.6 million. It is 30% eligible for TIF District Financing and the City
would expect to use TIF District increment to cover up to 30% of the costs.
The City has been meeting regularly with our congressional delegation and state officials regarding City
Center and has focused on this project. The City has applied for funding under the RAISE program
(formerly known as TIGER and BUILD). Last year the City came the closest it has come to funding, being
sent to the Secretary’s desk as a highly recommended project.
TOTAL COST OF IMPROVEMENTS
The total revised estimated costs is $62.8 million, of which $29.1 million is planned to be funded with TIF
District Financing, $16.8 million with a variety of City Funds, and $16.9 million with Federal Funds.
For Market Street, non-TIF Financing revenues represents a reduction in TIF District Financing due to pre-
existing federal grant funds that were secured for Market Street. Otherwise, all non-TIF funding is
scheduled to be used for the non- TIF eligible portion of costs.
PROJECTED FUTURE REAL PROPERTY DEVELOPMENT
There are several changes to the Real Property Development projection. These include:
• Development that has occurred and development in the pipeline,
• Assumptions regarding the pace of development, and
• Amount of development that is projected.
UPDATE: DEVELOPMENT THAT HAS OCCURRED AND DEVELOPMENT IN THE PIPELINE
Two commercial buildings have been built and are now in use: Trader Joe’s and Pier 1. During
development, an irrevocable offer of dedication was also made to the City for Garden Street. This land
currently serves as the development’s driveway. Pier 1 was vacated just prior to the COVID pandemic,
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and conditions through the pandemic have not yet resulted in a new tenant. Trader Joes and Healthy
Living retain a strong pedestrian and retail anchor at the Dorset end of Garden Street.
Blackbay Ventures has constructed 24 townhomes (over two adjoining projects) on Market Street. These
have porches facing Market Street and were quickly leased up.
Snyder-Braverman, as referenced earlier, completed an agreement with South Burlington City Center, LLC
(the owner of property formally owned by Munson), and has completed their wetland (state and federal),
stormwater, and Act 250 permitting for the entire site. Approximately half is now available for
development (or developed) with the rest wetlands, wetland buffers, or roadways.
A good portion has been subdivided into lots, with two buildings built, Allard Square and Garden Street
Apartments, and a third, Dover Place, underway (all three affordable housing projects). Three more
projects are in the pipeline, two approved (Prospect Place) and one in local review (Union Place) on
Garden Street. Several lots have yet to be developed. In addition, there are two remaining blocks to be
subdivided - two on Market Street and one on Garden Street. As the developer has been working with a
design team on concepts for these areas, they are expected to be subdivided in the next few years and
redeveloped over the ensuing years.
UPDATE: PACE OF DEVELOPMENT
Chittenden County continues to see high and ever-increasing demand for housing. In addition, the TIF
District, the City’s investments, and the recent quality of private sector investment have made the area
more attractive to investment.
At the same time, property owners are demanding more for the sale of their properties. COVID has placed
great uncertainty on the availability of equity, jobs (or people to fill them). Economic indicators on a
national level tend to be uneven so, even when outlooks in Vermont are strong, it is unclear how the
national economy will play out on the local level.
As a result, the Substantial Change Request pace of development is more conservative than what was
projected in 2015.
Commercial retail, restaurant, office and apartment infill and redevelopment that had been clustered in
the middle years has also been more evenly spaced into the out years.
The projected annual average residential development across all TIF properties at 78 units per year is 45%
of the City’s historical average absorption rate of new housing over the past 40 years (150 units per year).
As the current regional multi-family housing type is a 40- to 60- unit building, this allows one to two to
open in most years, with two in some and none in some, as well as a relatively small number of townhouse
style buildings.
AMOUNT OF DEVELOPMENT THAT IS PROJECTED
The TIF Financing Plan projected six stories of development where allowed by zoning. In the TIF District,
the predominant building type developed/permitted has been a four-story building, and numbers have
been adjusted.
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Despite the fact that the condominium market has picked up, in general, this model projects less home
ownership properties will be constructed and more rental units will be built (with a consequently lower
assessed value).
The 2015 financing plan included infill on the Rick Marcotte Central School site as that was being discussed
at the time. This is not included.
Given the uncertainty regarding retail and restaurants, and the softness in the commercial market, while
we are confident that brick and mortar establishments will not disappear, the plan is more conservative
in the amount of square footage and timing.
In general, these changes may be summarized as follows:
Projected Development: Condo units Rental Units Office Retail/Restaurant Total
Development
2015 Financing Plan 548 units 678 units 418,900 sf 288,450 sf 2,044,950 sf
2021 Substantial Change
Request 99 units 1,078 units 188,030 sf 195,400 sf 1,829,830 sf
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PROJECTED TIF DISTRICT TAX INCREMENT REVENUES AS A RESULT OF FUTURE DEVELOPMENT IN
THE TIF DISTRICT
Projected increment is less than in the 2015 Financing Plan due to changes in the pace and intensity of
the projected real property development (see prior section).
Note that the final value of the TIF District at the end of the District life was not reduced as significantly.
The updated Substantial Change Request development model projects that overall the City tax base and
the State Education Fund will benefit similarly to what was projected in 2015. When looking at the final
assessed value of all properties, the Substantial Change Request does not dramatically alter the overall
economic value of the District (estimated at $307 million).
ASSESSED VALUES
The assessed values to use over the remainder of the life of the TIF District have been updated.
New values reflect current regional lease information from Allen, Brooks & Minor, Inc. (a Chittenden
County appraisal firm that compiles regional rental income data annually) and existing information in the
South Burlington 2021 Grand List. For retail, restaurant and office space, these values would not be
attained in the first years but should be attained in mid-years and surpassed in out years as the TIF District
development pattern becomes more similar to a suburban downtown Chittenden County market.
Retail. Retail is expected to have an average assessed value of at least $305.50 per square foot over the
remaining 22 years of the TIF District. This is based on a triple net lease of $30 per square foot, subtracting
9% to account for the long-term vacancy rate, 4% to account for management costs, 2% to account for
reserves, dividing the resulting figure by a cap rate of 8.4%.
Office. Office is expected to have an average assessed value of at least $221.4 per square foot over the
remaining life of the TIF District. This is based on a triple net lease of $22 per square foot, subtracting 9%
to account for the long-term vacancy rate, 4% to account for management costs, a 2% to account for
reserves, dividing the resulting figure by a cap rate of 8.5%.
This lease value continues to reflect the higher cost of new build construction.
Residential, Non-Homestead. Comparable apartments have an average assessed value of at $174,931 per
unit. This is based on an average square footage of 1200 square feet per unit (to account for common
areas. Townhomes are currently selling for $550,000 in South Burlington. They are projected with an
average square footage of 1,600 square feet.
The assessed value for the affordable housing is different for the municipal grand list value versus the
state education grand list. The projection shows only the state education fund value (a lower assessed
value). In the 2015 Financing Plan, the lower assessed value of affordable housing was not accounted for
at all; this is now accounted for in the Substantial Change development model.
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Residential, Homestead. Comparable condominiums have an average assessed value of at least $388,000
per unit. This is based on an average square footage of 1200 square feet per unit, and using actual Grand
List assessed values for condominium units.
Hotel. No hotels are projected to be built.
TAX RATE
The tax rates in the TIF District Tax Increment Revenues projection are actual through FY 2022 (the current
collection year). Going forward, the municipal tax rate is estimated to increase by 3% annually (below the
historical rate), 1.3% annual inflation for the State Education Homestead rate and 2% for the Non-
Homestead rate. These are below or at annual averages for these rates.
INCREMENT
The assessed value update in combination with the real property development update and tax rate update
have decreased projected revenues. These revenues reflect three changes in the real property
development projection as discussed earlier:
• City investment in projects that directly benefit the private sector will be a result of a public-
private partnership. Private sector development directly benefiting from this infrastructure (very
compact development) would therefore need to occur in the next six or seven years.
• South Burlington City Center, LLC development has been adjusted to reflect known development
and subdivision patterns.
• Zero development has been projected for the South Burlington School District site.
• The pace of development has slowed to encompass the entire term of the TIF District.
Table 6M (FP 8) shows the updated estimated incremental values for the expected real property
development within the South Burlington TIF District.
Table 6N (FP 5) of the TIF Tables shows the updated projected total TIF Revenues based on the updated
real property development model. The projection forecasts $43.9 million would be available to finance
public infrastructure project debt, of which $11.2 million is municipal increment and $32.7 million is state
education increment.
DEBT AND DEBT PAYMENTS
The City has worked with the Vermont Bond Bank develop debt schedules in order to issue and structure
debt. This provides the best value to the City and the TIF District Fund.
Attachment FP11a - Table 6Qa shows the projected TIF Cash Flow with projected TIF increment, debt
service on the portion of project costs eligible for TIF financing, and a running cumulative total of surplus
versus deficit using the figures in FP 13. In this debt model, debt is issued between 2017 - 2024. In the
two issuances, the debt schedule reflects actual rates. Subsequent schedules are based on debt schedules
provided by the bond bank, 1.4% interest for over a 15-year term for debt projected to be issued next
year and the year following, and 2.25% interest over a 16 year term for the last year of debt issuance. All
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payment schedules reflect a 5 year delayed principle payment schedule in order to accommodate the
projected availability of increment.
At the time that the debt is taken out, the interest rate will be set by the market rate (very unpredictable
but likely to stay low) and will be for a term that provides what at that time is seen as the most manageable
payment schedule and term.
Total debt is inclusive of issuance costs but does not include TIF District related costs. Once authorized,
related costs could be reimbursed directly from increment or rolled into debt. Actual first issuance of
debt was approved as a bond anticipation note in the form of an interfund loan in 2017 and subsequently
subsumed in a bond from the bond bank.
DEBT PAYMENTS AND INCREMENT
The City is accounting for the TIF District over a Life of the District time frame. TIF District Financing debt
service and TIF District increment are each accrued within the TIF Fund. This allows the City to understand
where the fund position in regards to revenue and expenditures. In Attachment FP11a –
Table 6Qa: TIF Cash Flow, the City anticipates that in some years, cumulative expenditures (expressed as
a deficit in the table) will exceed cumulative revenues and in others, cumulative revenues will exceed
cumulative expenditures (expressed as a surplus in the table). See also discussion in the following section
entitled “Impact of Change on Financial Viability of the District” for additional details.
At the conclusion of the retention period (date depends upon the term of debt; shown here as 2039),
there will be a Life of TIF District balance statement showing any excess of revenues to be distributed to
the State Education Fund and to the Municipal General Fund.
DEBT SCHEDULE
The City held the first vote on TIF District financed debt obligations in 2016 for Market Street and City
Center Park. The second vote was held in 2018 and included a Public Library, City Hall, and Senior Center.
The third vote was in 2020 on Phase I for Garden Street and related costs (to be direct funded once surplus
increment is available). Additional public votes on debt will be scheduled between now and the
completion of the TIF District so as to allow sufficient time to incur debt prior to the March 31, 2024
completion of the debt incurrence period.
CRITERIA
LOCATION, NEXUS AND PROPORTIONALITY
The Substantial Change Request does not alter the planned projects so all projects continue to meet the
Location, Nexus and Proportionality criteria.
PURPOSE
As discussed at the beginning of the narrative, this Substantial Change Request does not change the
purpose of the district. Existing and future development continues to depend on the planned
infrastructure improvements that remain in the plan. The City Center TIF District retains the core project
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that build out the transportation, placemaking and environmental infrastructure to achieve the economic
and community benefits of a downtown.
IMPACT OF CHANGE ON FINANCIAL VIABILITY OF THE DISTRICT
The TIF District continues to be financially viable. The City projects that the increment that will be
generated, while less than previously forecast, will be sufficient to cover, over the 20-year term, the
amount of debt projected to be incurred.
The 2015 Plan projected that the TIF District would generate $99,962,529 in increment, and use
$81,692,601.02 to service debt. This Substantial Change Request forecasts that the TIF District will
generate $43,922,551 in TIF increment, of which $36,263,785 would be used to service debt.
In Attachment FP11a - Table 6Qa (Cash Flow – TIF Financed Portion), the projection estimates that the
increment generated catches up to the projected debt service in 2030 and that in 2033, the fund begins
to accumulate revenue.
The years during which increment does not exceed debt service is due to two main factors: First, the 2015
Financing Plan projected that the City would use a private bank to issue bond debt. In the 2015 Financing
Plan, the estimate uses debt payments that are structured similarly to a home mortgage payment in even
amounts from year to year.
Since then, the City has found that the Vermont Bond Bank is the most cost-effective lender for the City.
The Vermont Bond Bank structures their debt issuance with even principle payments. Thus, as principle
payments are made (delayable for five years), debt service begins with large payments and ends with
small payments over time.
The second reason, present in the 2015 Financing Plan, is that the increment grows over time as more
and more development is built and taxed. Thus, the annual increment starts out small and ends up large.
This creates an asymmetrical relationship between the projected increment generation and the projected
payment schedule. During peak payment years, the amount of debt service the City will carry in the fund
is quite large. Over the life of the TIF District, there are projected to be sufficient revenues to cover and
surpass the total TIF District debt service.
DISTRICT CRITERIA
The Substantial Change request does not alter Council determination that the “Need” Criterion, “New
Business” Project Criterion and the “Transportation” Project Criterion were met. The amount of debt
required continues to be above and beyond the normal municipal operating or bonded debt expenditure.
With the opening of Trader Joe’s, the new business criterion was met. The City has built Market Street
and continues to work towards completion of the remaining transportation elements of the plan.
South Burlington
PUBLIC HEARING DRAFT ‐ Substantial Change Request
SUPPLEMENTAL TO APPLICATION
TABLE 6H
INFRASTRUCTURE PROJECT COSTS
1
2
3
4
8
9
10
11
12
13
14
15
16
ABCIJKLMN
Infrastructure Project Name Project location; intiate
construction
Estimated year of
Debt payment
Total Total
% $ % $ % Dollars
Totals $29,123,995 $33,719,556 $62,843,552
Market Street ‐ completed within; 2019 2017 40% $3,741,978 60% $5,612,967 100% $9,354,946
City Center Park adjacent, 2018/2023 2017 95% $2,427,516 5% $127,764 100% $2,555,280
Library within; 2019 2018 30% $4,508,127 70% $10,518,963 100% $15,027,090
Senior Center within; 2019 2018 30% $438,204 70% $1,022,476 100% $1,460,680
Municipal Building within; 2019 2018 10% $549,822 90% $4,948,398 100% $5,498,220
Garden Street and Intersections inside; integral‐adjacent,
2023 2023 100% $11,792,560 0% $0 100% $11,792,560
Williston Road Streetscape adjacent; 2023 2023 50% $1,298,388 50% $1,298,388 100% $2,596,776
Ped Bike Bridge over I‐89 serves; 2024 2023 30% $4,367,400 70% $10,190,600 100% $14,558,000
100% $0 0% $0 100% $0
Proportionality
(Market Street is approved for 100% eligible for funding;
40% used for the purposes of approximating the TIF
funding amount)
TIF Portion Non‐TIF Portion
Math Check
South BurlingtonPUBLIC HEARING DRAFT ‐ Substantial Change RequestTIF FINANCING PLAN ATTACHMENT FP5: TABLE 6NPROPERTY TAX REVENUE PROJECTION SUMMARYYearAnnual Estimated Municipal Increment Annual Estimated Homestead IncrementAnnual Estimated Non‐Homestead IncrementTotal Projected Property Tax Increment Generated Municipal portion to the Municipal General FundMunicipal portion to TIF debt Education portion to Education Fund Education portion to TIF debtTotal Municpal and Education Revenue to TIF DebtBASE YEAR: 2012SPLIT PERCENTAGES:25% 75% 25% 75%TOTALS:$14,971,819 $7,421,864 $36,169,718$58,563,401 $3,742,955 $11,228,864 $10,897,896 $32,693,687 $43,922,5512013$0 $0 $0 $0 $0 $0 $0 $0 $02014$0 $0 $0 $0 $0 $0 $0 $0 $02015$0 $0 $0 $0 $0 $0 $0 $0 $02016$0 $0 $0 $0 $0 $0 $0 $0 $02017$0 $0 $0 $0 $0 $0 $0 $0 $02018$22,890 $0 $74,363 $97,253 $5,723$17,168 $18,591 $55,772 $72,9402019$26,406 $0 $86,832 $113,237 $6,601$19,804 $21,708 $65,124 $84,9282020$51,644 $0 $160,181 $211,825 $12,911$38,733 $40,045 $120,135 $158,8692021$85,898 $0 $266,609 $352,507 $21,474$64,423 $66,652 $199,957 $264,3802022$130,553 $0 $420,712 $551,264 $32,638$97,914 $105,178 $315,534 $413,4482023$146,975 $0 $481,446 $628,420 $36,744$110,231 $120,361 $361,084 $471,3152024$198,948 $0 $645,366 $844,314 $49,737$149,211 $161,342 $484,025 $633,2352025$258,064 $0 $829,006 $1,087,071 $64,516 $193,548 $207,252 $621,755 $815,3032026$486,970 $464,987 $1,031,284 $1,983,242 $121,743 $365,228 $374,068 $1,122,204 $1,487,4322027$628,914 $471,311 $1,453,056 $2,553,281 $157,228 $471,685 $481,092 $1,443,275 $1,914,9612028$658,662 $477,721 $1,516,062 $2,652,445 $164,665 $493,996 $498,446 $1,495,337 $1,989,3332029$833,535 $484,218 $2,025,600 $3,343,354 $208,384 $625,152 $627,455 $1,882,364 $2,507,5152030$912,111 $634,301 $2,066,112 $3,612,524 $228,028 $684,083 $675,103 $2,025,310 $2,709,3932031$999,215 $642,928 $2,288,436 $3,930,579 $249,804 $749,412 $732,841 $2,198,523 $2,947,9342032$1,116,338 $651,672 $2,595,673 $4,363,683 $279,085 $837,254 $811,836 $2,435,508 $3,272,7622033$1,334,896 $660,534 $3,197,462 $5,192,892 $333,724 $1,001,172 $964,499 $2,893,497 $3,894,6692034$1,512,419 $669,518 $3,665,917 $5,847,854 $378,105 $1,134,314 $1,083,859 $3,251,576 $4,385,8912035$1,632,539 $678,623 $3,957,035 $6,268,197 $408,135 $1,224,404 $1,158,914 $3,476,743 $4,701,148
South BurlingtonPUBLIC HEARING DRAFT ‐ Substantial Change RequestTIF FINANCING PLAN ATTACHMENT FP5: TABLE 6NPROPERTY TAX REVENUE PROJECTION SUMMARYYearAnnual Estimated Municipal Increment Annual Estimated Homestead IncrementAnnual Estimated Non‐Homestead IncrementTotal Projected Property Tax Increment Generated Municipal portion to the Municipal General FundMunicipal portion to TIF debt Education portion to Education Fund Education portion to TIF debtTotal Municpal and Education Revenue to TIF DebtBASE YEAR: 2012SPLIT PERCENTAGES:25% 75% 25% 75%2036$1,854,487 $787,669 $4,416,895 $7,059,051 $463,622 $1,390,865 $1,301,141 $3,903,423 $5,294,2882037$2,080,354 $798,381 $4,991,673 $7,870,408 $520,089 $1,560,266 $1,447,513 $4,342,540 $5,902,806
South BurlingtonPUBLIC HEARING DRAFT ‐ Substantial Change RequestTIF FINANCING PLANATTACHMENT FP8: TABLE 6MREAL PROPERTY DEVELOPMENT PROJECTS ‐ INCREMENTAL VALUE123456789101112131415161718192021222324252627282930313233343536373839404142434445464748495051ABCDEFGHJLMNOPQDevelopment or Redevelopment Project Name Projected Condo Dev Units Projected Condo Dev (sf) Projected Rental Unit Dev Units Projected Rental Unit Development (sf) Projected Office Dev (sf) Projected Retail Dev (sf) Projected Total Dev (sf) GL Year Against which Revenues Collected (actual increment hardcoded on FP8)Estimated Increase in Value from BaselineUse CodeEst.% of New Construction ‐Home‐stead RateEst. % of New Construction ‐Non‐Home‐stead RateEstimated Incremental Value ‐Home‐steadEstimated Incremental Value ‐Non‐Home‐steadBase Year:2012Totals: 99 150,400 1,078 1,296,000 188,030 195,400 1,829,830 $ 306,965,599 $ 49,207,133 $ 257,758,465 0450‐00000 SBCC, LLC (0 Market) 2021 GL ‐ ‐ ‐ 2021$1,931,500 C 0% 100% $0 $1,931,500BlackBay Ventures VIII 2021 GL ‐ 12 16,800 ‐ 16,800 2017$2,283,600 RN 0% 100% $0 $2,283,6000450 ‐ D Dover Place 2021 GL‐ ‐ ‐ ‐ ‐ ‐ ‐ 2021 $920,400 RN 0% 100% $0 $920,400HL, TJ's and Pier 1 ‐ 2021 GL ‐ ‐ ‐ 21,600 21,600 2017$2,509,400 RN, C 0% 100% $0 $2,509,400Market St ‐ Future ‐ 80 96,000 23,800 119,800 2035$20,052,680 RN, C 0% 100% $0 $20,052,680Allard Square ‐2021 GL ‐ 39 46,800 5,000 3,000 54,800 2018$2,019,666 RN, C 0% 100% $0 $2,019,666Dorset St ‐ A‐ Future ‐ 30 36,000 20,000 56,000 2031$6,268,530 RN, C 0% 100% $0 $6,268,530TEST LINE2040 $0 $0 $0CHT 2020 ‐ lot C ‐ 2021 GL ‐ 60 72,000 ‐ 72,000 2020$6,062,650 RN 0% 100% $0 $6,062,650SBCC, LLC M1 ‐ Prospect 1 ‐ Future ‐ 65 78,000 ‐ 3,000 81,000 2025$11,922,723 RN, C 0% 100% $0 $11,922,723Sisters & Bros ‐ 2021 GL ‐ ‐ ‐ ‐ ‐ 2021$74,000 C 0% 100% $0 $74,000SBCC, LLC M2 ‐ Prospect 2 ‐ Future ‐ 66 79,200 79,200 2024$11,181,154 RN 0% 100% $0 $11,181,154SBCC, LLC M4 ‐ 51 61,200 61,200 2026$8,557,189 RN 0% 100% $0 $8,557,189SBCC, LLC M5 ‐ Union Place ‐ Future ‐ 61 73,200 73,200 2023$10,306,499 RN 0% 100% $0 $10,306,499SBCC, LLC M6 20 24,000 ‐ 24,000 2025$7,395,708 RH 100% 0% $7,395,708 $0Mary Street ‐ Future ‐ ‐ 45,000 10,000 55,000 2034$11,700,994 C 0% 100% $0 $11,700,994Hinesburg Road A ‐ Future Infill ‐ 45 54,000 54,000 2030$4,628,395 RN 0% 100% $0 $4,628,395Southern End Dorset/Remo ‐ Future ‐ ‐ 60,000 20,000 80,000 2026$16,693,359 C 0% 100% $0 $16,693,359Hinesburg Road B ‐ Future 48 76,800 ‐ 76,800 2025$25,854,300 RH 100% 0% $25,854,300 $0Timberlake ‐ GL 2021 ‐ ‐ ‐ 2020 ‐$153,600 RN 0% 100% $0 ‐$153,60020 San Remo ‐ GL 2021 ‐ ‐ ‐ 2020$141,900 C 0% 100% $0 $141,900Dover Place D 2022 GL ‐ Afford‐43 Units ‐ 43 51,600 51,600 2022$3,424,499 RN 0% 100% $0 $3,424,499San Remo B ‐ Future ‐ 150 180,000 180,000 2032$25,151,550 RN, C 0% 100% $0 $25,151,550San Remo A ‐ future ‐ 20 24,000 10,000 34,000 2033$4,530,696 RN 0% 100% $0 $4,530,696San Remo C ‐ Future ‐ 156 187,200 187,200 2036$25,118,636 RN, C 0% 100% $0 $25,118,636SBCC, LLC ‐ N1 ‐ 60 72,000 30,000 40,000 142,000 2028$28,993,498 C 0% 100% $0 $28,993,498SBCC, LLC ‐B‐A ‐ Future 9 14,400 ‐ ‐ ‐ 14,400 2029$4,585,708 RH 100% 0% $4,585,708 $0SBCC, LLC ‐ B‐B ‐ Future 10 16,000 ‐ ‐ 16,000 2029$5,135,708 RH 100% 0% $5,135,708 $0SBCC, LLC ‐ G Future 12 19,200 ‐ ‐ ‐ 19,200 2035$6,235,708 RH 100% 0% $6,235,708 $0BlackBay Ventures XI ‐ 2021 GL ‐ 12 14,400 14,400 2020$2,075,200 C 0% 100% $0 $2,075,200SBCC, LLC N2 2029 ‐ 34 40,800 10,000 50,800 2031$8,638,362 RN 0% 100% $0 $8,638,362Poon Property ‐ 2021 GL ‐ ‐ ‐ 2018$354,500 C 0% 100% $0 $354,500SBCC, LLC B (Market St) ‐ Future ‐ 30 36,000 30,000 20,000 86,000 2033$17,635,568 C 0% 100% $0 $17,635,568Dorset St C ‐ Future infill ‐ 30 36,000 30 20,000 56,030 2030$5,897,272 C 0% 100% $0 $5,897,272Dorset St‐ B ‐ Future ‐ ‐ 8,000 4,000 12,000 2027$2,094,781 C 0% 100% $0 $2,094,781Four Boys ‐ San Remo ‐GL 2021 ‐ ‐ ‐ 2020$641,600 C 0% 100% $0 $641,600SBCC, LLC N3 ‐ Future ‐ 34 40,800 40,800 2032$5,583,362 C 0% 100% $0 $5,583,3620450‐108 Dorsest St Inv ‐ GL 2021 ‐ ‐ ‐ 2020$2,140,900 C 0% 100% $0 $2,140,900Dorset Square Assoc (150+) GL 2021 ‐ ‐ ‐ 2020$1,538,400 C 0% 100% $0 $1,538,400Benchmark (340) GL 2021 ‐ ‐ ‐ 2020$289,300 C 0% 100% $0 $289,300Desarno (344) ‐ GL 2021 ‐ ‐ ‐ 2020$94,700 C 0% 100% $0 $94,700Dawson (350) ‐ GL 2021 ‐ 2020$271,000 C 0% 100% $0 $271,000Champlain Oil‐ GL 2021 ‐ 2020$817,400 C 0% 100% $0 $817,400BESAW ‐ GL 2021 ‐ 2020$508,300 C 0% 100% $0 $508,300Dorset St Real Estate Hold ‐ GL 20212020 $1,419,600 C 0% 100% $0 $1,419,600Fuller, James ‐ GL 2021 ‐ ‐ ‐ 2020 ‐$2,300 C 0% 100% $0 ‐$2,300All changes on Mary Street ‐ GL 20212020 $587,900 C 0% 100% $0 $587,900ABJ Inc‐ GL 20212020 $137,400 C 0% 100% $0 $137,400
South BurlingtonPUBLIC HEARING DRAFT ‐ Substantial Change RequestTIF FINANCING PLANATTACHMENT FP8: TABLE 6MREAL PROPERTY DEVELOPMENT PROJECTS ‐ INCREMENTAL VALUE123ABCDEFGHJLMNOPQDevelopment or Redevelopment Project Name Projected Condo Dev Units Projected Condo Dev (sf) Projected Rental Unit Dev Units Projected Rental Unit Development (sf) Projected Office Dev (sf) Projected Retail Dev (sf) Projected Total Dev (sf) GL Year Against which Revenues Collected (actual increment hardcoded on FP8)Estimated Increase in Value from BaselineUse CodeEst.% of New Construction ‐Home‐stead RateEst. % of New Construction ‐Non‐Home‐stead RateEstimated Incremental Value ‐Home‐steadEstimated Incremental Value ‐Non‐Home‐steadBase Year:2012Totals: 99 150,400 1,078 1,296,000 188,030 195,400 1,829,830 $ 306,965,599 $ 49,207,133 $ 257,758,465 52535455565758A0S ‐ GL 20212020 $314,800 C 0% 100% $0 $314,800Bouchard Sons ‐ GL 20212020 $37,000 C 0% 100% $0 $37,000PC Construction ‐ GL 20212020 $642,100 C 0% 100% $0 $642,100BL Prperties ‐ GL 20212020 $407,000 C 0% 100% $0 $407,000Village Green Partnership ‐ GL 20212020 $1,138,800 C 0% 100% $0 $1,138,800Russell John ‐ GL 20212020 $35,700 C 0% 100% $0 $35,700SBR San Remo ‐ GL 20212020 $139,900 C 0% 100% $0 $139,900
South Burlington
PUBLIC HEARING DRAFT ‐ Substantial Change Request
TIF FINANCING PLAN
ATTACHMENT FP9: Table 6O
SUMMARY OF ALL REVENUE SOURCES
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2
3
4
5
6
7
8
9
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11
12
13
14
15
16
17
18
19
20
21
22
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25
26
27
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AB C D E F G H
Year
Annual TIF
Increment:
Municipal
Annual TIF
Increment:
Education
Grant Information Grant Amount Other Revenue Information
Other
Revenue
Amount
Total Revenue
Totals:$11,228,864 $32,693,687 $16,924,124 $16,834,303 $77,680,979
2012
20XX $100,000 $300,000 USDA/RD Sewer Grant $1,000,000 Water District Fees $300,000 $1,700,000
2013 $0 $0 Federal Earmark ‐ Market St $747,560 impact fees $22,103 $769,663
2014 $0 $0 Federal Earmark ‐ Market St;
CCRPC UPWP ‐ Federal
$228,824 Impact fees $67,465 $296,289
2015 $0 $0 Federal Earmark ‐ Market St;
CCRPC UPWP ‐ Federal
$167,354 Impact fees $290,625 $457,979
2016 $0 $0 Federal Earmark ‐ Market St;
CCRPC UPWP ‐ Federal
$118,142 Impact fees and CIP Reserve Fund $76,423 $194,565
2017 $0 $0 Federal Earmark ‐ Market St;
CCRPC UPWP ‐ Federal, CC Park‐
Federal
$146,125 Impact fees & debt proceeds $234,760 $380,885
2018 $17,168 $55,772 Federal Earmark ‐ Market St;
CCRPC UPWP ‐ Federal, CC Park‐
Federal; Williston Road STSP‐
Federal
$131,544 Impact fees and debt proceeds $410,491 $614,975
2019 $19,804 $65,124 Federal Earmark ‐ Market St;
CCRPC UPWP ‐ Federal, CC Park‐
Federal; Williston Road STSP‐
Federal
$3,235,294 Impact fees, general fund and debt proceeds $1,130,033 $4,450,255
2020 $38,733 $120,135 Federal Earmark ‐ Market St;
Williston Road STSP; Federal;
VW, Library
$1,348,197 Impact fees and debt proceeds $7,438,238 $8,945,304
2021 $64,423 $199,957 Williston Road STSP; Federal;
Library;
$158,294 Impact fees and debt proceeds $7,054,165 $7,476,840
2022 $97,914 $315,534 Williston Road STSP; Federal $1,187,000 Impact fees and debt proceeds $95,000 $1,695,448
2023 $110,231 $361,084 Williston Road STSP; Federal;
RAISE Federal
$930,800 Impact fees and debt proceeds $15,000 $1,417,115
2024 $149,211 $484,025 Williston Road STSP; Federal;
RAISE Federal
$2,074,010 $2,707,245
2025 $193,548 $621,755 RAISE Federal Grant $6,450,980 $7,266,283
2026 $365,228 $1,122,204 $1,487,432
2027 $471,685 $1,443,275 $1,914,961
2028 $493,996 $1,495,337 $1,989,333
2029 $625,152 $1,882,364 $2,507,515
2030 $684,083 $2,025,310 $2,709,393
2031 $749,412 $2,198,523 $2,947,934
2032 $837,254 $2,435,508 $3,272,762
2033 $1,001,172 $2,893,497 $3,894,669
2034 $1,134,314 $3,251,576 $4,385,891
2035 $1,224,404 $3,476,743 $4,701,148
2036 $1,390,865 $3,903,423 $5,294,288
2037 $1,560,266 $4,342,540 $5,902,806
:Base Year
South BurlingtonPUBLIC HEARING DRAFT ‐ Substantial Change RequestTIF FINANCING PLAN ATTACHMENT FP10: TABLE 6PSUMMARY OF ALL ANNUAL DEBT1234567891011121314151617181920212223242526272829303132333435ABCDEFGHIJProject for Which Debt IncurredType of Debt Instrument Debt Principal Expected Date Debt IncurredInterest RateTerm Payment PeriodAmount Paid Each PeriodTotal Interest Total Debt CostWastewater Plant Upgrade Municipal Bond $1,000,000 1‐Apr‐11 5.0000%20 Years Annual on February 15$100,000 $500,000 $1,500,000City Center Park Anticipation Note ‐ interfund $460,000 Feb‐17 0.0000% 1 Year 1 year N/A $0.00 $460,000Market Street & City Center Park Bond ‐ takes out BAN $5,000,000 Summer 2017 3.3900% 20 Years 2 annual: 11/1 & 5/1 varies $2,243,694.00 $7,243,694Library, Senior Center City Hall Bond $5,000,000 Aug‐20 1.9080% 17 years bi‐annual: 11/1 & 5/1 varies $1,032,165 $6,032,165Library, Senior Center City Hall Bond $451,056 Dec‐21 1‐3% 12‐20 years bi‐annual: 11/1 & 5/1 varies$70,000 $521,056Garden Street Phase I Bond $3,520,000 Jul‐16 1‐3% 12‐20 years bi‐annual: 11/1 & 5/1 varies $484,034 $4,004,034Williston Road Streetscape Bond $1,298,388 Dec‐23 1‐3% 12‐20 years bi‐annual: 11/1 & 5/1 varies$302,336 $1,600,724City Center Park II Bond $1,190,000 Feb‐24 1‐3% 12‐20 years bi‐annual: 11/1 & 5/1 varies$42,855 $1,232,855Ped ‐ Bike Bridge over I‐89 Bond $4,367,000 Feb‐24 1‐3% 12‐20 years bi‐annual: 11/1 & 5/1 varies $1,016,645 $5,383,645Garden Street Phase II Bond $8,272,560 Feb‐24 1‐3% 12‐20 years bi‐annual: 11/1 & 5/1 varies $1,926,307 $10,198,867$0Subtract principal (BAN) ‐$460,000 July 1 2017 N/A $0.00 ‐$460,000$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0
South Burlington
PUBLIC HEARING DRAFT ‐ Substantial Change Request
TIF FINANCING PLAN
ATTACHMENT FP11a: TABLE 6Qa
Cash Flow ‐ TIF Financed Portion
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2
3
4
5
6
7
8
9
10
11
12
13
14
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16
17
18
19
20
21
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23
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29
30
31
32
33
34
35
AB C D E
Year TIF Increment
TIF Financing Debt
Service Related Costs Surplus (Deficit)
Cumulative
Totals: $43,922,551 $ 36,263,785.92
2012 :Base Year
2013 $0 ‐$
2014 $0 ‐$
2015 $0 ‐$
2016 $0 ‐$
2017 $0 ‐$
2018 $72,940 134,660.75$ (61,720.91)$
2019 $84,928 162,133.34$ (138,926.19)$
2020 $158,869 162,133.34$ (142,190.75)$
2021 $264,380 233,506.94$ (111,317.62)$
2022 $413,448 291,025.58$ 11,104.95$
2023 $471,315 462,504.30$ 19,915.93$
2024 $633,235 923,508.85$ (270,357.64)$
2025 $815,303 934,610.76$ (389,665.41)$
2026 $1,487,432 1,340,973.59$ (243,207.48)$
2027 $1,914,961 1,728,979.78$ (57,226.49)$
2028 $1,989,333 2,549,562.50$ (617,455.62)$
2029 $2,507,515 3,029,398.07$ (1,139,338.46)$
2030 $2,709,393 2,986,858.17$ (1,416,803.39)$
2031 $2,947,934 2,941,060.58$ (1,409,929.78)$
2032 $3,272,762 2,892,805.20$ (1,029,972.96)$
2033 $3,894,669 2,841,849.75$ 22,846.58$
2034 $4,385,891 2,787,726.54$ 603,100.00$ 1,017,910.90$
2035 $4,701,148 2,729,739.99$ 2,989,318.71$
2036 $5,294,288 2,667,239.60$ 5,616,367.13$
2037 $5,902,806 2,208,661.78$ 9,310,511.68$
2038 $0 1,732,291.71$ 7,578,219.96$
2039 $0 522,554.81$ 7,055,665.16$
2040 $0
2041 $0
2042 $0
2043 $0
South Burlington
PUBLIC HEARING DRAFT ‐ Substantial Change Request
TIF FINANCING PLAN
ATTACHMENT FP12: TABLE 6R
RELATED COSTS
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2
3
4
5
6
7
8
9
10
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12
13
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20
21
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34
A BCD
Related Cost Name Related Cost Description Related Cost Amount
Year Cost is Expected
to be Incurred
Total:603,100$
Consultant Fee Fee charged by Consultant (Contract #123245) for TIF District development 7,000$ 2011
Application Deposit Application deposit charged by VEPC for third party application analysis 5,000$ 2012
Application Fee Total Application Fee charged by VEPC for third party application analysis 16,802$ 2012
Market Study 2012 Fee charged by Allen & Brooks for the Market Study 1,900$ 2012
Legal, Audit, Administration Additional related costs incurred to date and reported to VEPC 84,498$ 2014‐2020
Legal legal costs 40,000$ 2020‐2037
Administration Public Notice, Education materials 3,000$ 2012‐2025
Audit Annual Audit 96,900$ 2013‐2038
Audit State Audit 240,000$ 2012‐2037
Consultant Fee Any costs related to state analysis 15,000$ 2014‐2025
Administration Education for TIF District Developers/Prospective Developers 100,000$ 2014‐2024
South BurlingtonPUBLIC HEARING DRAFT ‐ Substantial Change RequestTIF FINANCING PLANATTACHMENT FP12: TABLE 6RRELATED COSTS123456789101112131415161718192021222324252627282930313233343536373839404142434445464748AHJKLMNOPQRSTDevelopment or Redevelopment Project NameGL Year Against Which Revenues Collected (all actual increment years hardcoded on FP8)Estimated Increase in Value from BaselineUse CodeEstimated % of New Construction ‐Homestead RateEstimated % of New Construction ‐Non‐Homestead RateEstimated Incremental Value ‐HomesteadEstimated Incremental Value ‐ Non‐HomesteadFiscal Year in which Revenues are Collected; begins 2018Estimated Tax Rates: MunicipalEstimated Tax Rates: HomesteadEstimated Tax Rates: Non‐HomesteadBase Year: 2012Totals: $ 306,965,599 $ 49,207,133 $ 257,758,465 450‐00000 SBCC, LLC (0 Market) 2021 G2021 $1,931,500 C 0% 100% $0 $1,931,500BlackBay Ventures VIII 2021 GL 2017 $2,283,600 RN 0% 100% $0 $2,283,600='FP8‐ Real Prop Increm Value'!A6 2021 $920,400 RN 0% 100% $0 $920,4002013 $0.0000 $0.0000 $0.0000HL, TJ's and Pier 1 ‐ 2021 GL 2017 $2,509,400 RN, C 0% 100% $0 $2,509,4002014 $0.0000 $0.0000 $0.0000Market St ‐ Future 2035 $20,052,680 RN, C 0% 100% $0 $20,052,6802015 $0.0000 $0.0000 $0.0000Allard Square ‐2021 GL 2018 $2,019,666 RN, C 0% 100% $0 $2,019,6662016 $0.0000 $0.0000 $0.0000Dorset St ‐ A‐ Future 2031 $6,268,530 RN, C 0% 100% $0 $6,268,5302017 $0.0000 $0.0000 $0.0000TEST LINE 2040 $0 0% 0% 0% $0 $02018 $0.4923 $1.5794 $1.5993CHT 2020 ‐ lot C ‐ 2021 GL 2020 $6,062,650 RN 0% 100% $0 $6,062,6502019 $0.5084 $1.5506 $1.6718SBCC, LLC M1 ‐ Prospect 1 ‐ Future 2025 $11,922,723 RN, C 0% 100% $0$11,922,7232020 $0.5427 $1.6030 $1.7088Sisters & Bros ‐ 2021 GL 2021 $74,000 C 0% 100% $0 $74,0002021 $0.5542 $1.6337 $1.8105SBCC, LLC M2 ‐ Prospect 2 ‐ Future 2024 $11,181,154 RN 0% 100% $0 $11,181,1542022 $0.4350 $1.3249 $1.4389SBCC, LLC M4 2026 $8,557,189 RN 0% 100% $0 $8,557,1892023 $0.4481 $1.3429 $1.4677SBCC, LLC M5 ‐ Union Place ‐ Future 2023 $10,306,499 RN 0% 100% $0 $10,306,4992024 $0.4615 $1.3612 $1.4970SBCC, LLC M6 2025 $7,395,708 RH 100% 0% $7,395,708 $02025 $0.4753 $1.3797 $1.5270Mary Street ‐ Future 2034 $11,700,994 C 0% 100% $0 $11,700,9942026 $0.4896 $1.3985 $1.5575Hinesburg Road A ‐ Future Infill 2030 $4,628,395 RN 0% 100% $0 $4,628,3952027 $0.5043 $1.4175 $1.5887Southern End Dorset/Remo ‐ Future 2026 $16,693,359 C 0% 100% $0 $16,693,3592028 $0.5194 $1.4368 $1.6204Hinesburg Road B ‐ Future 2025 $25,854,300 RH 100% 0% $25,854,300 $02029 $0.5350 $1.4563 $1.6528Timberlake ‐ GL 2021 2020 ‐$153,600 RN 0% 100% $0 ‐$153,6002030 $0.5510 $1.4761 $1.685920 San Remo ‐ GL 2021 2020 $141,900 C 0% 100% $0 $141,9002031 $0.5676 $1.4962 $1.7196Dover Place D 2022 GL ‐ Afford‐43 Unit2022 $3,424,499 RN 0% 100% $0 $3,424,4992032 $0.5846 $1.5165 $1.7540San Remo B ‐ Future 2032 $25,151,550 RN, C 0% 100% $0 $25,151,5502033 $0.6021 $1.5371 $1.7891San Remo A ‐ future 2033 $4,530,696 RN 0% 100% $0 $4,530,6962034 $0.6202 $1.5581 $1.8249San Remo C ‐ Future 2036 $25,118,636 RN, C 0% 100% $0 $25,118,6362035 $0.6388 $1.5792 $1.8614SBCC, LLC ‐ N1 2028 28,993,498 C 0% 100% ‐ 28,993,498 2036 $0.6580 $1.6007 $1.8986SBCC, LLC ‐B‐A ‐ Future 2029 $4,585,708 RH 100% 0% $4,585,708 $02037 $0.6777 $1.6225 $1.9366SBCC, LLC ‐ B‐B ‐ Future 2029 $5,135,708 RH 100% 0% $5,135,708 $0SBCC, LLC ‐ G Future 2035 $6,235,708 RH 100% 0% $6,235,708 $0BlackBay Ventures XI ‐ 2021 GL 2020 $2,075,200 C 0% 100% $0 2,075,200 SBCC, LLC N2 2029 2031 8,638,362 RN 0% 100% $0 8,638,362 Poon Property ‐ 2021 GL 2018 $354,500 C 0% 100% $0 354,500 SBCC, LLC B (Market St) ‐ Future 2033 $17,635,568 C 0% 100% $0 17,635,568 Dorset St C ‐ Future infill 2030 $5,897,272 C 0% 100% $0 5,897,272 Dorset St‐ B ‐ Future 2027 $2,094,781 C 0% 100% $0 2,094,781 Four Boys ‐ San Remo ‐GL 2021 2020 641,600 C 0% 100% $0 641,600 SBCC, LLC N3 ‐ Future 2032 $5,583,362 C 0% 100% $0 5,583,362 0450‐108 Dorsest St Inv ‐ GL 2021 2020 $2,140,900 C 0% 100% $0 2,140,900 Dorset Square Assoc (150+) GL 2021 2020 $1,538,400 C 0% 100% $0 1,538,400 Benchmark (340) GL 2021 2020 $289,300 C 0% 100% $0 289,300 Desarno (344) ‐ GL 2021 2020 94,700 C 0% 100% $0 94,700 Dawson (350) ‐ GL 2021 2020 $271,000 C 0% 100% $0 271,000 Champlain Oil‐ GL 2021 2020 $817,400 C 0% 100% $0 817,400 BESAW ‐ GL 2021 2020 $508,300 C 0% 100% $0 508,300 Dorset St Real Estate Hold ‐ GL 2021 2020 $1,419,600 C 0% 100% $0 1,419,600
South BurlingtonPUBLIC HEARING DRAFT ‐ Substantial Change RequestTIF FINANCING PLANATTACHMENT FP12: TABLE 6RRELATED COSTS4950515253545556575859AHJKLMNOPQRSTFuller, James ‐ GL 2021 2020 (2,300) C 0% 100% $0 (2,300) All changes on Mary Street ‐ GL 2021 2020 $587,900 C 0% 100% $0 587,900 ABJ Inc‐ GL 2021 2020 $137,400 C 0% 100% $0 137,400 A0S ‐ GL 2021 2020 $314,800 C 0% 100% $0 314,800 Bouchard Sons ‐ GL 2021 2020 $37,000 C 0% 100% $0 37,000 PC Construction ‐ GL 2021 2020 642,100 C 0% 100% $0 642,100 BL Prperties ‐ GL 2021 2020 $407,000 C 0% 100% $0 407,000 Village Green Partnership ‐ GL 2021 2020 $1,138,800 C 0% 100% $0 1,138,800 Russell John ‐ GL 2021 2020 $35,700 C 0% 100% $0 35,700 SBR San Remo ‐ GL 2021 2020 $139,900 C 0% 100% $0 139,900 0 0 $0 0% 0% 0% $0 ‐
South Burlington
PUBLIC HEARING DRAFT ‐ Substantial Change Request
CIty of South Burlington Tax Rate History
RATE: CHANGE:
FY GL Muni ED ‐ Home ED ‐ Commercial Muni ED ‐ Home ED ‐ Commercial
FY10 2009 0.3606 1.4161 1.4006
FY11 2010 0.3622 1.3828 1.4071 0.44% ‐2.35% 0.46%
FY12 2011 0.3831 1.3733 1.4133 5.77% ‐0.69% 0.44%
FY13 2012 0.4041 1.4112 1.4233 5.48% 2.76% 0.71%
FY14 2013 0.4214 1.5171 1.4733 4.28% 7.50% 3.51%
FY15 2014 0.4278 1.6104 1.5521 1.52% 6.15% 5.35%
FY16 2015 0.456 1.6202 1.5923 6.59% 0.61% 2.59%
FY17 2016 0.4731 1.6177 1.5945 3.75% ‐0.15% 0.14%
FY18 2017 0.4923 1.5794 1.5993 4.06% ‐2.37% 0.30%
FY19 2018 0.5084 1.5506 1.6718 3.27% ‐1.82% 4.53%
FY20 2019 0.5427 1.603 1.7088 6.75% 3.38% 2.21%
FY21 2020 0.5542 1.6337 1.8105 2.12% 1.92% 5.95%
AVERAGE:4.36% 1.73% 2.57%
6AA ‐ ANNUAL TIF REVENUES ‐ Column R, S, T :3% 1.36% 2%
180 Market Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com
November 15, 2021
Mr. John Davis, Chair
Vermont Economic Progress Council
One National Life Drive
Deane C. Davis Building, 6th Floor
Montpelier, VT 05620-0501
Dear Mr. Davis,
On behalf of the City of South Burlington, we are writing to respectfully request that the
Vermont Economic Progress Council consider a substantial change to our TIF District Plan.
The City Center TIF District has been in place since 2012 (approved by VEPC in 2013). The Financing
Plan was approved in 2015. Since that time, it was amended once in order to separate out the Senior
Center from the Recreation Center. There have been many changes in the TIF District since then. At
this time, in preparation for the State Audit of the TIF District next year, we are formally submitting a
Substantial Change Request. This request aligns our plan with what has happened to date, our
community priorities, and what we forecast for the future.
Specifically, the request updates the timelines and costs for projects that the City has built and/or has
invested resources into and is moving forward with: City Center Park, Garden Street (including
intersections on Williston Road), Market Street, Williston Road Streetscape, the Pedestrian/Bicycle
Bridge over I-89, the Municipal Building, the Library, and the Senior Center. The request also
removes four projects from the TIF District plan: stormwater and wetland mitigation, the central
urban park, public parking, and a recreation center. The model for the debt to be incurred has been
updated to reflect these changes. Finally, the development projection has been modified with what is
known or anticipated today about development, with commensurate changes to projected TIF
District revenues. The model of cash flow has also been updated to reflect all these changes.
The City Council held a public hearing on November 15, 2021 on the substantial change, considered
this substantial change, and has approved the Substantial Change to our City Center TIF District.
We greatly appreciate the Council’s time in considering our request.
Sincerely,
Helen Riehle, Chair Jessie Baker
City Council City Manager
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
To: South Burlington City Council
From: Jessie Baker, City Manager
Paul Conner, Planning and Zoning Director
Date: November 12, 2021
Re: Council Process to Consider Amended Land Development Regulations
On November 2, 2021, the Planning Commission unanimously voted to approve for submittal to the Council
amendments to the current Land Development Regulations and the associated Planning Commission Report.
On November 8, 2021 you receive the submittal and set a public hearing date of January 3, 2022. Information
on these amendments can be found here.
Key Questions: On your November 15, 2021 agenda, we want to provide you the opportunity to answer these
key questions in advance of receiving a full overview from the Planning Commission Chair on December 6th.
• Are there data or information points you would like as you consider these submitted amendments?
• Are there areas of emphasis you would like us to present on or provide additional information on as
you consider these amendments and provide Council direction?
• Is there anything about the timeline and process (as outlined below) that you would like to reconsider
at this point?
Timeline
• November 15, 2021 – Discuss requests for data and additional information
• December 6, 2021 – Planning Commission’s presentation to the Council and possible executive session
on legal liabilities
• December 20, 2021 – Discussion (if needed)
• January 3, 2022 – Public Hearing at 7:30 pm
• January 10, 2022 – Possible vote or set additional Public Hearing
Process and Guidelines: All discussions and hearings will be facilitated by Chair Riehle with assistance from
Jessie Baker. Presentations from the Planning Commission will be delivered by Chair Louisos with assistance
from Paul Conner. At all discussions, Councilors will be provided time for questions and discussion first and
then the public, at the Chair’s discretion, will be invited to ask questions and provide comment. At associated
public hearing(s) staff will introduce any recommendations by the City Attorney for legal clarity and then the
public will be invited to comment. The Council will then close the public hearing and ask questions and hold
Council discussion. Written comment will also be accepted by the Council throughout the process. These
should be provided by email or mail to the Council with a cc to Jessie Baker (jbaker@southburlingtonvt.gov)
and planning@sburl.com. To ensure all have an equitable amount of time to speak, comments from the
public will be limited to two minutes with everyone having an opportunity to speak once before going back to
commenters a second time if time permits.
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
Shared Values as Council Considers Recommendations: As you consider these recommendations (which
might lead to contentious conversations) let’s consider our shared values. We have observed that South
Burlington residents and leaders:
• Share a deep commitment to our community’s future
• Are willing to engage in conversations about our future that, ultimately, will lead to a connected
community and will make our community stronger
• Have good intentions when engaging in community conversations
• Are generous with their time, energy, and passion
• Are grateful for their neighbors’ service to the community
• Care about our community’s land
• Care about ensuring there are housing options for all of our neighbors
Page 1 of 2
ATTORNEY/CLIENT MEMORANDUM
TO: South Burlington City Council
FROM: Colin McNeil, City Attorney
DATE: November 15, 2021 City Council Meeting
RE: Vermont Attorney General Opioid Settlement
______________________________________________________________________________
Background
On September 20, 2021, Deputy Attorney General Joshua Diamond from the Vermont Attorney
General’s Office spoke with you about the two negotiated settlements reached between several
states and local political subdivisions and the three largest pharmaceutical distributors
(“Distributors”) and one pharmaceutical manufacturer (“Manufacturer”). The State of Vermont has
already decided to join both settlements. The City must now decide whether to participate in the
settlements.
As outlined by the Vermont Attorney General’s Office, the more eligible subdivisions of the State
that elect to participate in the settlements, the greater the amount of funds that flow to the State and
the participating subdivisions. If the City decides not to participate in the settlements, it cannot
directly share in any of the settlement funds.
In addition to some other components, the settlements require the Distributors to pay up to $21
billion over 18 years and the Manufacturer to pay up to $5 billion over no more than 9 years, for a
total settlement amount of $26 billion. Approximately $22.7 billion is earmarked for use by
participating states and subdivisions to remediate and abate the impacts of the opioid crisis.
The Settlement funds will be distributed as follows:
• 15% to state subdivisions to be used to abate the opioid crisis;
• 15% to states to remediate for past expenses of the opioid crisis or for future abatement; and
• 70% to a statewide abatement fund.
A rough estimate of the total amount of funds coming directly to the City of South Burlington based
on information provided by the Vermont Attorney General’s Office is as follows:
• From Distributors: $340,347.45 ($58 Million (Total amount to be received by VT) x 15% x
4.2811% (portion attributed to SB)) – To be distributed over 18 years.
• From Manufacturer: $78,763.14 ($12,265,249 (Total amount to be received by VT) x 15% x
4.2811% (portion attributed to SB)) – To be distributed over no more than 10 years.
Further information about the settlements can be found in the attached letter from the Vermont
Attorney General’s Office, at https://nationalopioidsettlement.com/, and at
https://ago.vermont.gov/opioid -settlement/.
According to the Vermont Attorney General, the City’s deadline for participation in the settlements
to maximize its settlement benefits is January 2, 2022.
Page 2 of 2
Conclusion
Please consider whether to participate in the negotiated opioid settlements. If you decide to
participate, you will need to authorize the City Manager, or her designee, to register on the national
opioid settlement website to receive the documentation the City will need to participate in the
settlements and also authorize the City Council Chair to execute these documents. The
recommended motion to participate in the settlements is:
“Move that the City of South Burlington participate in the national opioid settlements in the
lawsuit brought by the State of Vermont against pharmaceutical distributors McKesson, Cardinal
Health and AmerisourceBergen and pharmaceutical manufacturer Janssen Pharmaceuticals, Inc. and
its parent company Johnson & Johnson and authorize the City Manager or her designee to register
on the national opioid settlement website to participate in the settlements and authorize the City
Council Chair to execute all formal and binding documents required for participation in the
settlements.”