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HomeMy WebLinkAboutMinutes - City Council - 06/02/2014 (2)CITY COUNCIL JUNE 2, 2014 The South Burlington City Council held a regular meeting on Monday, 2 June 2014, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: P. Mackenzie, Chair; H. Riehle, P. Nowak, C. Shaw, M. Emery Also Present: K. Dorn,City Manager; T. Hubbard, Deputy City Manager; J. Simson, S. Dooley, E. Farrell, R. Farnham, G. Calcagni, J. Knapp, L. Michaels, R. Greco, M. Holt 1. Agenda Review: Ms. Emery asked to add a discussion of a proposal for the Underwood property to Other Business. 2. Comments and Questions from the public, not related to Agenda items: Ms. Dooley and some of her neighbors noted they had met twice with the City Manager, Director of Planning & Zoning and Police Chief regarding neighborhood concerns. They focused on a proposal regarding possible changes to the number of unrelated adults living in a house. They asked to hold this discussion with the Council on 16 June. Ms. Mackenzie asked that the Council be given a paragraph of the neighbors' expectations prior to the Council meeting. She also noted that 16 June may not be ideal and suggested the next meeting after that. 3. Announcements & City Manager's Report: Mr. Dorn: Community Gardens have been plowed and made available to the public. The new playground at Dorset Park is going up today. On 19 June, the city will host a meeting with potential investors for City Center. This will include a short bus tour of the area. He attended the DARE graduation at Orchard School Council members reported on meetings and events they had attended. Ms. Mackenzie also noted that the state is doing emergency exercises this week including some at the Airport. 4. Consent Agenda: A. Sign Disbursements B. Approve Minutes of 19 May 2014 C. Receive Unlicensed Dog & Cat Report D. Approve Amendment to South Village Communities, LLC, Development Escrow Agreement E. Entertainment permit: American Cancer Society, Oct.ober 19,2014 Mr. Shaw asked to remove the Unlicensed Dog & Cat Report from the Consent Agenda. Ms. Nowak moved to approve the Consent Agenda minus the Unlicensed Dog & Cat Report. Ms. Emery seconded. Motion passed unanimously. 5. Consider and Accept Report of the Affordable Housing Trust Fund Feasibility Committee: Mr. Simson introduced committee members Eric Farrell, Sandy Dooley, Gretchen Calcagni, Larry Michaels, Jim Knapp, and Helen Riehle. Ken Schatz was not present. He also thanked Mr. Dorn and staff for their support and wise counsel. The Committee is recommending that the City Council adopt a resolution to create an Affordable HousingTrust fund. Mr. Simson noted that finding a funding source will take effort and commitment. In this regard, it is important to understand the linkage of affordable housing to jobs, etc. Mr. Simson stressed that this needs to become a public effort. Mr. Simson then outlined some suggestions for funding, including a one cent property tax, which would be a reliable and constant source that could produce $290,000 a year. There might also be a Charter change to add one cent to the Rooms and Meals or Sales tax. The preference here would be the Rooms and Meals Tax as this is collected in large part from "people from away." Mr. Farrell noted that Burlington has a "payment in lieu" element, but the rate is so prohibitive that nobody uses it. It also needs DRB approval. It was also noted that Charlotte collects money from developers and Montpelier has a ~ cent on the property tax. Burlington also does one cent on the property tax and has some funding from block grants. Ms. Nowak asked about the cost of administering the fund. Mr. Simson said it would be minimal, just covering the time of the City Manager and another staff person. Ms. Emery asked what Champlain Housing would do. Ms. Dooley said they would propose a project and identify .potential funding sources, tax credits, etc. If the Council approved it, Champlain Housing would go forward with the proposal. Ms. Riehle directed attention to the "next steps" section of the report and the need for a good educational outreach as to what affordable housing is and isn't. Mr. Simson suggested a "gathering/event" with people who could participate and then form an organization to make it happen. Ms. Nowak asked about other funding sources. Mr. Farrell said he felt it was important to create the trust fund even without funding. The conversation should be about the goal. Ms. Mackenzie said she would like to see a job description for trust fund people. The Council asked the City Manager to prepare a Resolution to create a South Burlington Affordable Housing Trust and to create a citizen committee to review and research potential funding options and an educational outreach plan and then report back to the Council. 6. Consider and possibly approve Roman Catholic Diocese of Burlington/ Rice Memorial High School Bond Allocation Request: Mr. Holt noted that Rice High School is beginning a significant renovation of the building including heating/ electric system/ windows/ ADA compliance, etc. They have had a good capital campaign but have not raised enough money. They are now securing funding through VIDA and are asking for the city's cooperation regarding bonding authority. There would be no cost to the city, but it would reduce the interest rate for the school. The bonding amount would be $8/500,000. Ms. Riehle asked about any implications for city bonding in 2015. Mr. Holt said they would use all the bonding in 2014. Mr. Dorn said he would like to run this by the City Attorney. He will come back with a response at the next meeting (16 June). 7. Public Comment Session on changing the name of Dorset Park to Veterans Memorial Park: Mr. Farnham apologized to the Village at Dorset Park and other citizens for not previously publishing this idea. He said the concept is to have a place to honor citizens of the community. Renaming the park would enhance the tribute to veterans. There are other such parks including one in Brattleboro, VT. There would be signs to direct people to other park uses. Ms. Nowak, Ms. Riehle and Ms. Mackenzie supported the idea. Ms. Emery felt veterans deserve more funding to the VA Hospitals rather than a park. Mr. Shaw suggested a name such as Dorset Veterans Park as "Dorset" is an identifying name for the city. After a brief discussion, Mr. Shaw moved to change the name of Dorset Park to Veterans Memorial Park. Ms. Riehle seconded. Motion passed unanimously. 8. Authorize the City Manager to sign Georgetown University Energy Prize Letter of Support: Mr. Dorn said the letter specifies where the money will go when the city wins. Ms. Emery moved to authorize the City Manager to sign the Georgetown University Energy Prize Letter of Support as presented. Ms. Riehle seconded. Motion passed unanimously. 9. Other Business: A. Item held from Consent Agenda: Mr. Shaw suggested the Council accept the report. He didn't accept that it would now be in the City Council's hands to deal with it. He felt there should be more effort to get to those who haven't registered animals, possibly a post card asking the status of the animal. Ms. Mackenzie agreed. She suggested that next year the city get email addresses in order to save money. She also noted that one person told her that the fee was too high. This was set by the Council a few years ago. Mr. Dorn will take this guidance back to the City Clerk. Ms. Nowak moved to accept the Unlicensed Dog and Cat Report as presented. Ms. Emery seconded. Motion passed unanimously. B. Underwood planting proposal: Ms. Emery noted that Robert Mack has offered to plant sunflowers on the Underwood property to help keep the soil rich. This needs to be done before June 12. Mr. Dorn suggested a special meeting on this as it is not warned for tonight's meeting. Members agreed to this. A date will be set. As there was no further business to come before the City Council, Ms. Nowak moved to adjourn. Ms. Emery seconded. Motion passed unanimously. The meeting was adjourned at 8:35 p.m. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. South Burlington Water Dept. Accounts Payable Check Register Date: 06/03/14 Date Check No. Paid To Memo Amount Paid 6/3/2014 2548 All Seasons Excavating 6,057.30 Date Voucher Number Reference Voucher Total Amount Paid 4/28/2014 VI-13361 28145 4,774.30 4,774.30 5/13/2014 VI-13373 28166 1,283.00 1,283.00 6/3/2014 2549 Champlain Water District 2,393.44 Date Voucher Number Reference Voucher Total Amount Paid 5/22/2014 VI-13365 MISC-4690M 2,393.44 2,393.44 6/3/2014 2550 E.J. Prescott, Inc. 4,593.11 Date Voucher Number Reference Voucher Total Amount Paid 5/14/2014 VI-13354 4797783 104.37 104.37 5/12/2014 VI-13355 4796037 291.96 291.96 5/8/2014 VI-13356 4794882 207.60 207.60 5/16/2014 VI-13362 4796450 68.09 68.09 5/19/2014 VI-13363 4796540 2,056.14 2,056.14 5/15/2014 VI-13364 4798329 1,864.95 1,864.95 6/3/2014 2551 Juanita Fischer 75.04 Date Voucher Number Reference Voucher Total Amount Paid 5/28/2014 VI-13371 REFUND OVERPYMT 75.04 75.04 6/3/2014 2552 F.W. Webb Company 163.99 Date Voucher Number Reference Voucher Total Amount Paid 5/9/2014 VI-13359 42925023 163.99 163.99 6/3/2014 2553 Vivian Hodgkin 15.00 Date Voucher Number Reference Voucher Total Amount Paid 5/28/2014 VI-13370 REFUND 15.00 15.00 6/3/2014 2554 Independent Pipe & Supply 352.43 Date Voucher Number Reference Voucher Total Amount Paid 5/9/2014 VI-13357 125310 352.43 352.43 6/3/2014 2555 Raymond Jewett 193.14 Date Voucher Number Reference Voucher Total Amount Paid 5/28/2014 VI-13372 REFUND OVERPYMT 193.14 193.14 6/3/2014 2556 Garvin Laurent 52.19 Date Voucher Number Reference Voucher Total Amount Paid 5/28/2014 VI-13369 REFUND OVERPYMT 52.19 52.19 6/3/2014 2557 Office Essentials 90.41 Date Voucher Number Reference Voucher Total Amount Paid 5/11/2014 VI-13358 30015 90.41 90.41 Printed: May 30, 2014 Page 1 of 3 South Burlington Water Dept. Accounts Payable Check Register Date: 06/03/14 Date Check No. Paid To Memo Amount Paid 6/3/2014 2558 City Of South Burlington 231,103.69 Date Voucher Number Reference Voucher Total Amount Paid 5/29/2014 VI-13375 MAY SEWER 231,103.69 231,103.69 6/3/2014 2559 City Of South Burlington 93,633.97 Date Voucher Number Reference Voucher Total Amount Paid 5/29/2014 VI-13374 MAY STORMWATER FEES 93,633.97 93,633.97 6/3/2014 2560 So. Burlington Public Works 1,642.00 Date Voucher Number Reference Voucher Total Amount Paid 5/15/2014 VI-13360 PERMITS 1,642.00 1,642.00 6/3/2014 2561 SoVerNet, Inc. 42.22 Date Voucher Number Reference Voucher Total Amount Paid 5/15/2014 VI-13353 3375964 42.22 42.22 6/3/2014 2562 Joyce E. Stutler 206.09 Date Voucher Number Reference Voucher Total Amount Paid 5/19/2014 VI-13352 355175 206.09 206.09 6/3/2014 2563 U.S. Postal Service 500.00 Date Voucher Number Reference Voucher Total Amount Paid 5/28/2014 VI-13368 REPLENISH BULK MAIL 500.00 500.00 6/3/2014 2564 USPS 950.00 Date Voucher Number Reference Voucher Total Amount Paid 5/27/2014 VI-13367 REPLENISH METER 950.00 950.00 6/3/2014 2565 U.S. Postal Service 220.00 Date Voucher Number Reference Voucher Total Amount Paid 5/20/2014 VI-13366 PERMIT 706 220.00 220.00 Printed: May 30, 2014 Page 2 of 3 South Burlington Water Dept. Accounts Payable Check Register Date: 06/03/14 Date Check No. Paid To Memo Amount Paid Total Amount Paid: 342,284.02 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: May 30, 2014 Page 3 of 3 CITY COUNCIL 19 MAY 2014 The South Burlington City Council held a regular meeting on Monday, 19 May 2014, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset St. MEMBERS PRESENT: P. Nowak, Acting Chair; H. Riehle, C. Shaw ALSO PRESENT: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; P. Conner, Director of Planning & Zoning; Chief D. Brent, Deputy Chief T. Francis, and members of the South Burlington Fire Department; J. Rabidoux, Public Works Director; C. Thompson, A. Holman, Dr. M. Cushman, Dr. L. Plant 1. AGENDA REVIEW: No changes were made to the Agenda. 2. Comments & Questions from the public not related to the Agenda: No issues were raised. 3. Announcements & City Manager’s Report: Mr. Dorn: The city learned today that due to the work of Paul Conner and Ilona Blanchard the Downtown Board has approved a Neighborhood Development Area Designation for City Center. This will be another incentive for affordable housing in that area. A good meeting was held with the Energy Committee and a representative of Vermont Gas. A follow-up meeting was held with Airport area residents. Issues discussed included signage and traffic. They are at a point to begin discussion of a plan for the neighborhood. An “e-learning platform” is being brought on which will make courses available to management staff in their areas of management. There have been 2 follow-up meetings with the Rec Path Committee and the Planning Commission regarding the proposal for committees. All committees have now seen the proposal. Council members reported on meetings and events they had attended including the dedication of the Veteran’s Memorial at Dorset Park. CITY COUNCIL, 19 MAY 2014, PAGE 2 4. Consent Agenda: a. Sign Disbursements b. Approve Minutes of 28 April and 5 May 2014 Council Meetings Mr. Shaw asked to pull the minutes of 28 April from the Consent Agenda. Ms. Riehle then moved to approve the Consent Agenda minus the Minutes of 28 April. Mr. Shaw seconded. Motion passed 3-0. 5. Financial Report: Mr. Hubbard said the budget is doing well. At the 83% point of the fiscal year, expenditures are at 75% and revenues are at 86%. The City will also receive a local option tax payment this month. Most department revenues are in good shape especially the Fire Department and Planning & Zoning. The Police Department is at 39% of what was anticipated. Library revenue is down a bit but will balance when the Blanchette money is transferred in. Mr. Hubbard reviewed payments which will be due soon including the pension fund. Work on energy efficiency projects continues. Water heaters are being replaced with more efficient ones. There is now additional signage at the Police Department and the Department of Public Works. ADP is still resolving their error on FICA calculations. This involves an overpayment that will be returned to the city. Enterprise funds are in good shape. 6. Presentation of American Heart Association Lifeline Award to the South Burlington Fire Department: Chief Brent advised that several weeks ago they received a call from EMS overseer, Dr. Wilson, who advised that the South Burlington EMS squad is the only one in the state that meets the qualifications for the American Heart Association Lifeline Award. Mr. Holman and Drs. Cushman and Plant explained that the award is based on achievements in 2013. South Burlington’s EMS squad is the only squad in New England to receive this award. The award CITY COUNCIL, 19 MAY 2014, PAGE 3 recognizes the closing of the gap in treatment of STMI heart incidents and requires timely intervention, fast evaluation and transportation so that treatment can begin quickly. A plaque was then presented to Chief Brent and members of the Fire Department. 7. Overview of Fire Department Inspection Program: Chief Brent said the goal of the inspection program is to stop fires before they start. This includes inspection of alarm systems, evacuation plans, access, sprinklers/smoke alarms, adherence to building codes, etc. Deputy Chief Francis noted that citizens are now comfortable calling and asking the best way to do something; firefighters are also answering questions in the field. The Department did inspections for 77 liquor license applications. Chief Francis noted that one issue that arises is handrails. The Department is also trying to make an impact with single family homes, which is where most fatalities occur. In this regard, there will be a meeting with realtors to stress what is needed in a building to avoid violations. 8. Consideration and Adoption of Conflict of Interest and Ethics Policy: Mr. Dorn reviewed the history. Ms. Riehle suggested having members of boards and committees sign the policy every year. Mr. Dorn said a signature page can be attached to the policy for this. Ms. Riehle moved to approve the Conflict of Interest and Ethics Policy as presented. Mr. Shaw seconded. Motion passed unanimously. 9. Review and Award construction Bid for South Burlington STP5200(18), the U.S. 2 Widening/Shelburne Road Third Lane Project: Mr. Rabidoux directed attention to his recent memo. He noted the money for this project was secured 10 years ago by Senator Leahy. Mr. Rabidoux said the recommendation is to award the contract to Don Weston Excavating, Inc. They estimate doing the work faster than the other bidders. CITY COUNCIL, 19 MAY 2014, PAGE 4 Ms. Riehle moved to award the STP5200(18) construction contract to Don Weston Excavating, Inc., for $2,654,493.00 and to authorize the City Manager to sign all related contract agreements. Mr. Shaw seconded. Motion passed 3-0. 10. Discussion and Possible Decision regarding future penalties to be assessed on taxpayers who fail to file a State-required Homestead Declaration in a timely fashion: Mr. Dorn advised that Rep. Ann Pugh had provided on update on the legislation that passed. The Legislature delayed the requirement to file until 1 October. The state has also left it up to the communities as to whether to assess a penalty for late filing. Mr. Dorn noted that a community can assess a penalty up to 3% when the homestead rate is lower than the non-homestead rate and up to 8% when the homestead rate is higher than the non-homestead rate. The latter situation applied to South Burlington last year. It is up to the City Council to decide whether to charge a penalty and what percentage to charge. Ms. Nowak noted that because of changes made by the state and then changed again the following year, an extraordinary number of people were not aware they needed to file the Homestead Declaration. Mr. Dorn noted the late filing is not meaningful to the local community; the effect is on the state. After discussion, members agreed to charge 2% regardless of whether the residential or non- residential rate is higher. Ms. Riehle moved to assess a penalty of 2% for both residential and non-residential property owners who do not file a Homestead Declaration in a timely manner. Mr. Shaw seconded. Motion passed 3-0. 11. Consideration of Road Impact Fee Ordinance Amendment for Child Care; public hearing and second reading of draft and possible action to adopt amendment: Mr. Conner reviewed the history noting that in most fee calculations there is a “pass-by” credit for vehicles assumed to be already on the road. This does not occur with regard to Child Care facilities. In reviewing the situation, a consultant deemed that a 30% credit was appropriate. The Administrative Officer can determine the number of trip ends (currently, only the DRB can do this). Ms. Nowak noted that a reimbursement is being proposed for 3 child care facilities in an amount totaling about $43,000. She asked if this affects any other payments the city has to make this year. CITY COUNCIL, 19 MAY 2014, PAGE 5 Mr. Conner said it has a possible effect on the Trader Joe’s bridge but provides no short term difficulty. Mr. Shaw then moved to open the public hearing. Ms. Riehle seconded. Motion passed unanimously. Ms. Thompson thanked the city for the effort in this situation. She felt it was a huge step in the right direction for educators trying to support the community. She also hoped that in the future they can explore the concept of “use” for a building. The Director of The Schoolhouse also thanked Mr. Conner for his work on this and encouraged the Council to think of ways to help expand what child care facilities are doing. Mr. Shaw moved to close the public hearing. Ms. Riehle seconded. Motion passed 3-0. Ms. Riehle then moved to approve the amendments to the Impact Fee Ordinance as presented. Mr. Shaw seconded. Motion passed 3-0. 12. Discussion regarding giving the City Manager authorization to approve entertainment permits: Mr. Dorn noted this would apply only to entertainment permits. He will have something to present to the Council soon. 13. Discussion regarding appointments to certain city committees and to the boards of partnering organizations in advance of a decision on the report of the Committee on Committees: Mr. Dorn asked whether the Council wants to make appointments to statutory committees and entities such as CCTV, Solid Waste District, etc., rather than pushing all appointments back to August. Members saw no reason to delay. Mr. Dorn said he will provide a resolution to extend the terms of those on other committees. 14. Other Business: a. Items held from Consent Agenda: Mr. Shaw noted that in the minutes of 28 April, under Comments and Questions, the sentence should read: “…the Burlington Free Press reported that South Burlington held…. CITY COUNCIL, 19 MAY 2014, PAGE 6 Ms. Riehle moved to approve the Minutes of 28 April as amended. Mr. Shaw seconded. Motion passed 3-0. As there was no further business to come before the Council, Ms. Riehle moved to adjourn. Mr. Shaw seconded. Motion passed 3-0. The meeting was adjourned at 8:40 p.m. _____________________________________ Clerk   575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com     MEMORANDUM To: City Council From: Paul Conner, Director of Planning & Zoning and Ray Belair, Administrative Officer Re: Proposed South Village Development Escrow Agreement Amendment Date: May 30, 2014 South Village Communities, LLC is requesting that the Council approve the proposed amendment to their Development Escrow Agreement approved by the Council on November 19, 2007. The amendment is to substitute a performance bond for the currently approved contributions to an escrow account. These contributions were meant to accumulate the funds necessary to construct the “Connector Road” as described in the agreement. The developer is proposing an alternative method to guarantee these funds by providing the City with a performance bond. What the developer is doing is more in keeping with our standard practice for guaranteeing the construction of proposed roads unlike the original agreement which was treated as a special circumstance. As a result, staff is very comfortable with this amendment. The Development Escrow Agreement amendment and the performance bond have both been reviewed by the City Attorney and approved. 1 AMENDMENT TO DEVELOPMENT ESCROW AGREEMENT This Amendment to Development Escrow Agreement, is made by and between the City of South Burlington, Vermont, acting through its City Council (hereinafter collectively, the “City”), and South Village Communities, LLC (hereinafter “'Developer”), a Vermont limited liability company with principal place of business in Burlington, Vermont. Hereafter, the City and the Developer may be referred to collectively as the “Parties”. WHEREAS, the Parties executed a Development Escrow Agreement on November 19, 2007 (the “Development Escrow Agreement”), which is recorded in Volume 802, Page 25 of the City of South Burlington Land Records; WHEREAS, the City previously approved the Master Plan Application for the South Village project in that certain document entitled “City of South Burlington Department of Planning and Zoning, South Village Communities, LLC, Master Plan Application #MP-05-02, Findings of Fact & Decision” dated February 10, 2006” (the “Permit”); and the Environmental Court amended and approved the Master Plan Application for the South Village project by the Consent Decree and Order entered February 12, 2007, in Docket Nos. 27-2-06, 111-5-06, 116-5- 06, 74-4-05 and 196-8-06 Vtec (together, the “Permit”); WHEREAS, the Permit required the Developer to make certain payments in escrow as security to assure the City that the Developer would construct and complete the Connector Road (defined in the Development Escrow Agreement as the “Connector Road” from South Village to Dorset Farms) as contemplated in the Permit (the “Escrow Payments”); and possibly contribute the sum of $20,000 to the City if deemed necessary for traffic-calming measures related to the Connector Road (the “Traffic-Calming Measures”); WHEREAS, the Connector Road is now known as Midland Avenue; WHEREAS, the Parties have agreed that Developer shall be allowed to provide a certain performance bond, with North American Specialty Insurance Company, a corporation authorized to do business in the State of Vermont, as Surety, to be held and firmly bound unto the City as Obligee, said bond dated April 16, 2014, (the “Performance Bond”) in lieu of the Escrow Payments and the payment deemed necessary for the Traffic Calming Measures; and WHEREAS, in exchange for the Performance Bond, the City authorizes Developer to release the Escrow Payments paid into the South Village Escrow Fund as of the date of this Agreement. NOW, THEREFORE, in consideration of the terms and conditions contained herein, the Performance Bond and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to amend the Development Escrow Agreement as follows: 2 1. Paragraph 1 and the entire Development Escrow Agreement shall be amended such that all references to the “Connector Road” shall be to “Midland Avenue.” 2. Paragraph 2 shall remain unchanged. 3. Paragraph 3 shall remain unchanged. 4. Paragraph 4 shall be deleted in its entirety and replaced with the following: “In order to insure adequate funding for the construction of Midland Avenue and the possible Traffic-Calming Measures, Developer shall provide the City with the Performance Bond. Any and all Escrow Payments paid into the South Village Escrow Fund as of the date hereof, including all interest accrued thereon, shall be released to Developer upon South Village’s provision of the Performance Bond to the City and the City’s acceptance thereof.” 5. Paragraph 5 shall remain unchanged but for the change in the reference to the Connector Road as described in Paragraph 1 hereof. 6. Paragraph 6 shall be deleted in its entirety and replaced with the following: “If the City deems necessary, in its sole and absolute discretion, Developer shall construct said Traffic-Calming Measures on Midland Avenue.” 7. Paragraph 7 shall remain unchanged. 8. Paragraph 8 shall remain unchanged. 9. Paragraph 9 shall remain unchanged. 10. Paragraph 10 shall remain unchanged. 11. Except as set forth above, the terms and provisions of the Development Escrow Agreement are not modified, and the Parties agree that the Development Escrow Agreement shall continue in full force and effect and is hereby ratified and confirmed as modified by this Amendment. Capitalized terms used herein shall have the same meaning as ascribed to them in the Development Escrow Agreement. IN WITNESS WHEREOF, and intending to be legally bound, the Parties have executed this Amendment to Development Escrow Agreement as of the date or dates listed below. Dated at ____________________, Vermont this _____ day of _________________, 2014. 3 CITY OF SOUTH BURLINGTON By: Its City Council By: ______________________________________ Kevin Dorn, City Manager and its duly authorized agent STATE OF VERMONT COUNTY OF CHITTENDEN, ss. At the City of South Burlington this ______ day of ____________________, 2014 personally appeared Kevin Dorn, City Manager and duly authorized agent of the City of South Burlington, and he acknowledged this Amendment to Development Escrow Agreement, by him signed, to be his free act and deed and the free act and deed of the City of South Burlington. Before me, ________________________________ Notary Public Print name: ____________________ My commission expires: 2/10/15 Dated at ____________________, Vermont this _____ day of _________________, 2014. SOUTH VILLAGE COMMUNITIES, LLC By: _______________________________ Its duly authorized agent Print name: ___________________ My commission expires: 2/10/15 STATE OF VERMONT COUNTY OF CHITTENDEN, ss. At the _____________ this ______ day of ____________________, 2014, personally appeared____________________, duly authorized agent of South Village Communities, LLC, and he/she acknowledged this Amendment to Development Escrow Agreement, by him/her signed, to be his/her free act and deed and the free act and deed of the South Village Communities, LLC. Before me, ________________________________ Notary Public Print name: ____________________ My commission expires: 2/10/15 REPORT OF THE AFFORDABLE HOUSING TRUST FUND FEASIBILITY COMMITTEE May 2014 Introduction Over the past 20 months citizens committees have addressed the limited availability of affordable housing for lower and moderate income residents, and the critical need to find ways to increase the supply of affordable housing. The initial study and report, “The Path to Sustainability”, was followed by a City Planning Commission subcommittee’s work that examined regulatory approaches to stimulating the building of affordable housing. Potential private developers of affordable housing reported to the subcommittee that given land and construction costs, housing affordable to households earning below 80% of median household income (2014 $57,550 for a household of three) could not be built profitably. As a result, regulations such as those in the current South Burlington Land Development Regulations setting the required standard for housing “affordability” at 65% of median household income would continue to discourage private development of needed affordable housing. On the other hand, those same private developers reported that setting the minimum standard at 80% would stimulate new affordable housing in the City to meet a significant shortfall of housing for moderate income households. Regulations such as inclusionary zoning and density bonuses would work for those households. For the many households with incomes below 80% of the County’s median the subcommittee concluded that the regulatory approach relying on private development by itself would not produce enough housing to begin to address the need. Additional tools are needed. The “Path to Sustainability” report also recommended that the City consider an Affordable Housing Trust Fund citing its successful use in other municipalities to stimulate affordable housing development for working and senior households having the greatest need – those in the 50% to 80% of median income range. Affordable housing trust funds are public sector tools used to direct financial resources to the development of affordable housing for low income households. At present, there are more than 600 housing trust funds in the United States. In Vermont the municipalities of Burlington, Charlotte and Montpelier have established Housing Trust Funds. Additional tools needed by the City to make progress in developing additional affordable housing include strong partnerships with non-profit housing developers, private developers and housing advocates; an ongoing public education effort to dispel inaccurate negative perceptions about affordable housing and to increase recognition of the ways in which affordable housing strengthens communities; the support of non-governmental community leaders; and the support of federal, state and other funding sources. Examples are Community Development Block Grant funds, Vermont Housing and Conservation Board funds, Affordable Housing Tax Credits and foundation and other private sources. The Committee concludes that the community would benefit from more affordable housing. Community development is not a matter of numbers. It is a matter of creating a community that balances residences, jobs and amenities that serve the population we have. South Burlington is a center for manufacturing, retail and service jobs in the County and includes parts of nearly all the major transportation corridors in the region that enable some of our residents to work in and outside the City. The several reasons for reducing individual consumption of fossil fuels for transportation have made living closer to work and other activities more desirable both for working households and for the growing numbers of senior citizens in the City. Furthermore, the City has high quality schools, energy, water and sewer capacity, an excellent library, recreational facilities, shopping, the lake and close by open land and other features that make it a desirable place to live. While the City has welcomed several developments that include housing affordable to households in the 50% to 80% of median income range, including employed and retired City residents, there remains a substantial shortfall of housing these households can afford. TO HELP ADDRESS THIS SHORTFALL, THE COMMITTEE RECOMMENDS THE CITY COUNCIL 1. CREATE A SOUTH BURLINGTON AFFORDABLE HOUSING TRUST FUND (SBHTF) 2. IDENTIFY ONE OR MORE FUNDING SOURCES The purpose of an affordable housing trust fund for South Burlington is to provide an ongoing stream of funds to support strategic participation in development that will increase the City’s stock of housing that is affordable to households with income below 80% of median. The trust funds can be used: 1) To participate in new housing development by providing needed funds to support the financing of a project undertaken by a non-profit or for profit developer that meets affordability standards of the SBHTF. 2) To participate financially in projects that preserve existing affordable housing stock in the City. 3) To provide pre-development funding under strict guidelines to housing agencies or developers to assess the feasibility of a planned affordable housing project in the City 4) To support or participate in the purchase of land intended for affordable housing development 5) To provide an amount necessary to administer the fund The Committee has heard from the Champlain Housing Trust that the availability of SBHTF participation would attract affordable housing projects to the City. The fund would be administered by the City. The Committee recommends the City Council appoint a three member advisory board to oversee the fund, issue guidelines for allocation of funds, review proposals for fund commitment and make recommendations to the Council for funding. The board members would have staggered terms. City staffing would be provided by the City Manager or his designee and would consist of collecting proposals and staffing meetings of the advisory board. Meetings would be scheduled semi-annually and could meet additionally as the need arises. The Committee has identified the following potential funding sources: 1. A penny added to the property tax rate. This would be the most powerful and reliable source of funding producing $290,000 annually. It would require a positive City vote to initiate. 2. A portion of the local option tax. The current 1% is currently essential to ongoing City expenses but a charter change to add an additional percent to the rooms and meals tax dedicated specifically to affordable housing could be requested from the Legislature. 3. Payments by private developers in lieu of building affordable units under future inclusionary zoning regulations in areas outside of City Center. This source has potential in the future if inclusionary zoning becomes part of the City-wide Land Development Regulations. The report was unanimously adopted by the Committee at its meeting May 29, 2014. John Simson, Chair Helen Riehle Sandra Dooley Gretchen Calcagni Eric Farrell James Knapp Kenneth Schatz Larry Michaels Resolution to Change the name of Dorset Park to Veterans Memorial Park Whereas, the City of South Burlington has supported the South Burlington Veterans Committee in its endeavors to build a Veterans Memorial at Dorset Park; and, Whereas, the concept of this Veterans Memorial was initiated by a group of concerned citizens who visualized and planned this tribute, with overwhelming support from our community; and, Whereas, the concept, location, and plans were unanimously approved by members of the City Council; and, Whereas, the Memorial was designed and built through the generous in-kind contributions from partnering local businesses who, along with the numerous financial contributions from individuals made this project a reality; and, Whereas, this Memorial will stand as a lasting tribute to the men and women, past and present, who honored these United States with their service to our Country; and, Whereas, the original name for Dorset Park is based on a street reference, unlike our other parks, and the Veterans Memorial is a prominent component of the Park; and, Whereas, this Memorial was established in the fall of 2013 and will be dedicated this May, 2014; and, Whereas, it is the expressed desire of the members of the South Burlington Veterans Committee to have Dorset Park renamed in honor of our Veterans; and, Now, Therefore, Be it Resolved, that the City Council hereby approves that the official name of Dorset Park be changed to Veterans Memorial Park; and, Furthermore, Be It Resolved, that this change will take effect at the dedication of the Memorial, scheduled for May 17, 2014. Dated the 2nd day of June, 2014 SOUTH BURLINGTON CITY COUNCIL ________________________ ________________________ Pam Mackenzie, Chair Pat Nowak, Vice-Chair ________________________ ________________________ Meaghan Emery, Clerk Helen Riehle ________________________ Chris Shaw LETTER OF SUPPORT MUNICIPAL OFFICIAL guep.georgetown.edu (name of “Municipal Official”), through this letter of commitment, express my support of _________________________’s (name of “Community”) effort to compete in the Georgetown University Energy Prize (“GUEP”). I will, to the extent possible, support other municipal officials and staff, work with stakeholders, speak to the public and the press, and otherwise engage our residents in energy savings efforts. I understand that, if our community receives a monetary award from the GUEP, (name of “Entity”) will be the recipient of the funds and will be required to use those funds to the benefit of the whole community, as described in the Competition Guidelines. By: (date) (Name of Official) (Title) (Organization) (Street Address) (City, State Zipcode)