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Minutes - City Council - 02/06/2017
CITY COUNCIL 6 FEBRUARY 2017 The South Burlington City Council held a regular meeting on Monday, 2 February 2017, at 6:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: H. Riehle, Chair; P. Nowak, T. Chittenden, T. Barritt, M. Emery ALSO PRESENT: K. Dorn, City Manager; P. Conner, Director of Planning & Zoning; I. Blanchard, Project Manager; Chief T. Whipple, Police Department; Chief D. Brent, Fire Department; R. Wells and other member of the Moose; P. Taylor, J. Kernan, B. Nowak, C. Sargent, R. Greco, S. Dooley, S. Scrivens, T. Bardin, T. Dunn, D. Shrafenberger, C. Shaw, C. Baker, G. Maille, A. Frank, J. Leas, M. Mahoney 1. Consider entering executive session to confer with City Legal Council on a personnel matter: Mr. Barritt moved that the Council make a specific finding that premature general public knowledge of the confidential attorney-client communications made for the purpose of providing professional legal services to this body regarding upcoming personnel matters before the Council would clearly place the public body at a substantial disadvantage. Ms. Emery seconded. Motion passed unanimously. Mr. Barritt then moved that the Board enter into executive session for the purpose of discussing personnel matter procedures with the city’s attorney engaged for this purpose. Ms. Emery seconded. Motion passed unanimously. The Council entered executive session at 6:04 p.m. and returned to regular session at 6:40 p.m. 2. Agenda Review: Additions, deletions or changes in order of agenda items: Members agreed to move the Minutes of 17, 23, and 30 January to Other Business. Mr. Chittenden said he would like to present a potential resolution in Other Business. Mr. Barritt said he had an item regarding the retiring of the “rebel” name, also for Other Business. 3. Comments & Questions from the public not related to the agenda: Mr. Mahoney expressed concern with the safety of children being dropped off at the Lund Center on Joy Drive. This has become a very busy area with a lot of truck traffic, buses, and commercial uses. The road is not particularly wide, and the “drop‐off‐ cars” block the pedestrian crossing sign. Mr. Mahoney added that he had heard the Lund Home Director is interested in remedying the situation. Mr. Dorn said staff is aware of this and is working on it. 4. Announcements and City Manager’s Report: Council members reported on meetings and events they had attended. Mr. Dorn: UVM has made a decision regarding athletic facilities being held on campus. The Affordable Housing Committee will meet on Wednesday, 4 p.m. Ms. Riehle expressed concern with conduct at recent meetings and took the responsibility for this. She felt the rules of conduct should apply equally to Council members and the public. She noted that topics can be divisive with differing opinions, but cordiality is needed. She asked that members wait to be recognized before speaking. 5. Consent Agenda: a. Sign Disbursement b. Approve Right-of-way term sheet for Market Street Easement Ms. Emery moved to approve the Consent Agenda as presented. Mr. Chittenden seconded. Motion passed unanimously. 6. South Burlington Moose Club Public Safety Donation: Chief Brent advised that he had received a call from the Moose Club wanting to make a donation. He had asked what the Fire Department might need. The Chief noted that in the past, there has been a problem with access to homes of seniors when there is an emergency call. Unlike some businesses, where there were large locked key-boxes for emergency access, there was often no easy way to reach people in need. Recently, it was learned that smaller key-boxes are now available. The Chief showed an example of this. The boxes would be Fire Department property and would be returned to the Department when an owner was no longer living at the address. They are tamper-proof, and the key cannot be copied. The Moose have overwhelmingly supported this idea and will provide the boxes as a donation. Mr. Wells of the Moose then presented Chief Brent with a check for $2545.00 to begin the purchase of the boxes. 7. City Center Update: ` a. Creative Arts Center Feasibility Study: Ms. Blanchard said staff is meeting with Snyder/Braverman regularly regarding a public-private partnership. They would build a portion of Garden Street ahead of schedule. The application for the senior housing project has been submitted to the DRB. Work on Market Street is set to begin this summer after school is out. Dumont Park is in the permitting stage, and construction is expected in July and August. The City has received a Public Places Award from the American Society of Architects. The presentation ceremony will take place on 14 February at the State House. The Public Arts Committee has selected 3 finalists for the Market Street project. Their work will be on view to the public prior to 6 March. It is possible that Garden Street will be brought to a public vote in late spring/early summer. Ms. Blanchard then introduced Tom Dunn and Tim Bardin to present information on the potential City Center Creative Arts Center. Mr. Dunn directed attention to handouts including pictures of the type of facility being discussed. He noted that he personally has 20+ years of theatre experience and has opened 2 arts centers. Other people working on the project have even more experience. It is expected that there will be a draft of the feasibility study by the end of March. Mr. Chittenden raised the possibility of coordination with a community library. Mr. Dunn noted that in one of the pictures there is a combined library/arts center (in Rancho Cucamonga). The details on how that might work are still “fuzzy.” There will be a visit to Rancho Cucamonga to see how it works there. Mr. Dunn noted that that facility is used all the time, including use for weddings. He stressed that the proposed City Center facility would not be for just one use. It would also have educational uses that would drive the need for some of the spaces. Ms. Nowak said this would be a wonderful piece, something that the City does not currently have. Ms. Emery noted the success of the Chandler. Mr. Bardin said they are now a 501-c3 non-profit group which began with a Board of 3. They are looking to expand that to include people connected to the community. They are also looking at something ‘out of the box,’ theatre for the 21st Century, closely related to education. They hope to help kids become contributing, creative adults. He stressed that it is hard for an arts facility to be sustaining in Vermont. It has to work and not be a burden. Ms. Nowak said there was discussion of businesses using the center for training. She asked if that would be challenging. Mr. Bardin said what is challenging is that most arts projects have been “renovations.” To do something from the ground up is exciting. It is easier to put certain cables into a new building. Mr. Bardin noted that 30% of millennials are cordless, and they have to be sure a facility they design will keep young people in the area. 8. Fair & Impartial Policing/Sanctuary City Policy Discussion: Ms. Riehle noted that other people were invited to participate in this discussion but were unable to attend. She directed attention to the policy statement from the Governor. Chief Whipple said the Legislature has mandated a fair/impartial policing policy which was hashed out with a number of agencies (e.g., ACLU). The Chief said South Burlington already had such a policy prior to the mandate. Under the policy, a police officer cannot inquire about someone’s immigration status unless the circumstances involve a criminal situation. The Chief said the intent is not to discourage vulnerable people from reporting crimes against them so that protection is extended to undocumented people. Ms. Emery said she was told there is no agreement between state and federal officials in this area. Chief Whipple said he doesn’t work for the federal government and cannot enforce federal law although they can get a federal designation for some drug cases. The Chief said he is comfortable with that and would call for a federal officer if there were to be a federal drug case. Mr. Chittenden asked if the Chief would come to the Council regarding a request from federal officials to have some city police officers “cross‐designated.” The Chief replied that he would speak with the City Manager and go from there. He added that he would not sign onto any immigration enforcement policy. He would have to think of what to do if that were to become mandatory. Ms. Emery asked how such policies get changed. Chief Whipple said the Chief of Police crafts a policy. He may ask an attorney if it conforms to the law. He noted that this was the first time anything like this had ever been forced upon them. He noted that there are “discretionary” pieces in the existing policy which he can alter. He also stressed that the current policy is in line with his philosophy. He did not want to say “we will never help” (in a federal situation) as there might be a situation where it is beneficial to the community if a dangerous person is involved. Chief Whipple stressed that he wants people to know that if there is a crime against them, they can come to a police officer without fear of the documentation status. Mr. Barritt asked that the Chief make it known if he is ever approached by any federal authority regarding this policy. 9. Presentation by Chittenden County Regional Planning Commission Executive Director Charlie Baker related to the Chittenden County Regional Dispatch Implementation Study and Proposed Amendments to the Commission By-Laws. Possible appointment to Dispatch Joint Survey Committee: Mr. Baker reviewed the history and noted that regional dispatch is not a new issue. He also noted that every community with dispatch facilities contributed money for the current study. There is also a governance group whose task is to come up with a governance model. Mr. Baker then showed a map indicating all of the 911 state territories. He explained the routing of a 911 call from South Burlington. He stressed that they are trying to get to a point where the person who answers the 911 call can actually do the dispatching. Currently, the standard for time to react to an emergency call is not being met. Mr. Baker then reviewed what the consultant did and what a dispatch center would look like. Issues involve: a. staffing (consolidation would eliminate under-staffing) b. Mutual Aid (this process lengthens the time for response. Consolidation minimizes this issue by locating the closest available unit) c. Fire/EMS Calls (there is no dedicated oversight during Fire/EMS calls which creates a risk for first responders; regional dispatching would eliminate this issue Mr. Baker said that countywide consolidation would decrease staffing requirements. He stressed that there is no intent for people to lose their jobs. Reduction would happen by natural attrition. Challenges include: a. Unionized groups b. Standardization of procedures c. Operational changes (e.g., radios) d. Different software e. Leadership (Executive Director) f. Equity g. Loss of 24x7 Administrative Desk at Police Departments Mr. Baker then reviewed the timeline. Phase 1 would occur in July 2018 and would involve the City of Burlington and 1 or 2 other communities. Phase 2 would happen in January 2019 with 2 or 3 additional communities. Phase 3 would happen at the end of 2019 with the addition of the final communities. The program would also be poised to add other communities on a contract basis. Mr. Baker then showed a chart of what the organization could look like (shared governance). This could include an Advisory Committee of Police/Fire/Rescue Chiefs, Training, Shift Supervisors, trained Dispatchers. Governance issues include: a. Legislative enabling authority b. CEO and Board of Directors c. Collective bargaining issues Mr. Baker then reviewed the models that had been examined including: a. Inter-municipal contracting b. Regional special purpose government c. Inter-municipal service agreement with CCRPC d. Nonprofit under CCRPC e. Nonprofit formed by municipalities f. Interlocal police services organization g. Union Municipal District – this is the favored model The Union Municipal District would have legislative power (e.g. an alarm ordinance), could borrow money, could apply for and receive grants, and would have government immunity. This is a less complex governance structure, and there would be no requirement for state approval of the Charter. The Union Municipal District could also contract with CCRPC for staff support (e.g., GIS, finance, intergovernmental coordination, support advisory committee). Ms. Nowak asked how this model could affect South Burlington’s coordination with the VTANG Fire Department. Mr. Baker said VTANG would be one of the chiefs. Their function would not change; information would just get to them faster. Mr. Baker then reviewed some of the necessary steps for implementation, including: a. Each municipality would make an appointment to a Joint Survey Committee (CCRPC by-laws would be amended to allow them to provide services to this committee) b. Voters of each participating town would have to vote to join the municipal district (vote to occur in the spring of 2018) Mr. Baker said it is hoped that all Chittenden County municipalities would ultimately participate, either as “owners” or “customers” (on a fee‐for‐ services basis). Ms. Riehle suggested that the City Manager be the city’s delegate to the Joint Survey Committee. Mr. Dorn said that if he were unable to attend a meeting, Deputy City Manager Tom Hubbard would. Mr. Hubbard has been at all previous meetings. Mr. Chittenden asked if either the South Burlington Police Chief or Fire Chief had any concerns. Chief Whipple said he is all for it, though they will have to work through the “unknowns.” Chief Brent said that both he and Chief Whipple are on the Technical Advisory Committee. He felt this would serve the community well. Ms. Nowak then moved to appoint City Manager Kevin Dorn to the Joint Survey Committee. Ms. Emery seconded. Motion passed unanimously. Mr. Baker then reviewed the changes that would be made to the CCRPC By-Laws in connection with county-wide dispatching. He noted that last year, the Legislature passed new language regarding CCRPC taking on other duties to better serve communities, including inter-municipal services. He added that CCRPC has been doing this South Burlington in connection with stormwater. By-Law changes would include: a. Would update the By-Laws to allow CCRPC to provide the services discussed b. Would add the Clean Water Advisory Committee as a standing committee of CCRPC c. Would change the term limits of officers of CCRPC from 2 to 4 years Ms. Riehle said this could be an agenda item for a vote at the next Council meeting. Mr. Baker said a City Council vote is not required. 10. Clarification of statements made and Supplemental Information related to Burlington International Airport and the Home Buyout Program from prior Council Meetings: Ms. Nowak said she wanted to set the record straight as she had been accused of not reporting the buyout of 5 houses. She said that at the 16 May 2016 meeting she reported on mitigation for 900 homeowners which she had just learned about that day at the Airport Commission meeting (this occurred during the portion of the agenda where members report on meetings and events they had attended, and these reports are not generally enumerated in the minutes). Later in the agenda, under item #9, a member of the audience had asked about the buyout program for the 5 homes. Ms. Nowak stressed that the 5 properties had been approved for purchase under the old plan. There was also mention by staff that they had agreed to a meeting to discuss future plans. CNAPC had asked for clarification. Ms. Nowak said there had been no question from the Council about the purchase of the 5 homes. Ms. Nowak noted there was mention in that item that Gene Richards had said there were another 30 homes to be purchased under the old plan. This was a part of the program that began before Ms. Nowak was on the Council. Ms. Nowak reminded the Council and community of the session with an FAA representative to be held at the Airport on 16 February, 5:30-7:30 p.m. Ms. Nowak said she has asked the Airport to hold a session on the buyout program. She asked Nick Longo when there could be any additional homes purchased under the old plan. He had said this happened only when the contour lines changed and there was a 73.3 DNL line. Ms. Nowak stressed that South Burlington controls the zoning of all the properties bought by the Airport. Ms. Nowak said she recalled that the reason a City Council member had been appointed to the Airport Commission was that a previous representative had not reported to the Council. Ms. Nowak also noted that Gene Richards had walked out of a meeting with the FAA because they had said they wanted to buy out all 900 homes that fall within the 65 DNL. That was when he was contacted and told there would be money for a mitigation program. Ms Emery disagreed with Ms. Nowak's interpretation of the events. The member of the audience had asked whether there would be "possible future buyouts," and was not referring to the five in question. Ms. Emery disagreed with the manner in which Ms. Nowak was obscuring the fact that she had seconded a motion for a new home acquisition grant based on the new NEM. She also felt that the previous.... She also felt that the previous Airport Commissioner did a great job and she had disagreed with removing him. Ms. Sargent said that CNAPC had been told they could not address noise. That was when they formed a noise sub-committee. She felt the committee couldn’t get at “having an unlivable neighborhood” because of the Airport. 11. Council Consideration and Possible Approval of a Motion and of a Resolution related to a potential Federal Aviation Administration/Burlington International Airport Residential Sound Insulation Program and other programs under the Federal Aviation Administration Noise Compatibility Program: Ms. Nowak moved that the City of South Burlington actively participate in the FAA Noise Compatibility Program process which may include the Residential Sound Insulation Program at no cost to the city or residents. The program falls under the FAA Part 150 process and is designed to assess all homes and public buildings in the 65 DNL as listed on the 2015 NEM (Noise Exposure Map). This evaluation would then be followed by an FAA review and approval, and as federal funds are available, the implementation of determined mitigation strategies. The determination of this process is directly with the homeowners within the 65 db DNL and will take approximately 18 months. This is the opportunity for leadership in South Burlington to collaboratively work with their community to identify noise mitigation strategies. The intent of this NCP would be to find mitigation strategies that best complement the residents’ wishes. Mr. Chittenden seconded the motion. Ms. Nowak said the 2015 Noise Contour Map created a much larger 65 DNL than anyone had imagined. 900 homes could receive significant sums of money. She felt the residents should weigh in on this, and that the Council should not take lightly a decision that could give homeowners as much as $30,000. Ms. Emery said that on 23 January the full Council endorsed the Planning Commission’s comments that included airport landscaping and berming. She felt the Council should look to them because they are the professionals. She felt any planning policy should be looked at by planning people. Ms. Emery said she would not vote for the motion because the city hasn’t gotten all the information it needs. She felt there is no rush to approve insulation as a noise abatement policy before knowing if homeowners would be giving up some rights. Ms. Nowak noted that the Jones-Payne Group which presented the information on the insulation program is a professional group. Mr. Barritt said he appreciated the spirit of the motion. He felt that someone has to look at what blast walls and berms could do. He said he wouldn’t vote for anything until those possibilities are addressed. Mr. Chittenden said he shared the frustration and the feeling that there are better ways to accomplish goals. He did not see the proposed motion as foreclosing any option, and he would support it. Ms. Riehle said the Council’s Resolution was a forceful request to be heard. She noted that when the Payne Group was here, many of their answers were “we don’t know,” and that was disappointing. She found it hard to make a decision when she didn’t know what was being offered. She noted that Gene Richards didn’t know what an “avigation easement” is. Ms. Riehle said she felt it was too early to “sign on.” Ms. Nowak noted she had asked whether the minimum would be doors and windows. The Payne Group person had said “absolutely,” but it would have to be something that reduced the inside noise to less than 45 DBL. Mr. Barritt asked if the city had asked about sound barriers. Ms. Nowak said “yes.” Mr. Dorn was present when there was a question as to whether certain materials could be used. The response was that they couldn’t be. Ms. Emery questioned why Councilors Nowak and Chittenden would support a motion that placed homeowners between two municipal entities. Ms. Riehle said she was afraid homeowners would be offered $30,000 “take it or leave it.” Ms. Dooley said she is troubled because the Part 150 rules define a “collaborative relationship.” She felt the motion ignores the process the city is entitled to have. She questioned whether a collaborative relationship ever existed between the City and Airport. Ms. Sargent felt that noise from the Airport has to be addressed. She didn’t feel that people should be “bought.” In the vote that followed, the motion was defeated 2-3 with Ms. Riehle, Ms. Emery and Mr. Barritt voting against. 12. Other Business: Ms. Emery presented a resolution to establish a policy regarding Airport noise mitigation and said she felt it was important for the City Council to establish a police regarding an issue. Members reviewed the proposed resolution and made the following amendments: Under “WHEREAS” #4, the semi‐colon at the end was changed to a comma, and the following language was added: …in accordance with the substance of the feedback on the second draft 2016 Burlington International Airport reuse plan/noise compatibility plan letter submitted by the South Burlington Planning Commission and fully endorsed by the South Burlington City Council on 23 January 2017. Under “THEREFORE”s, a new Section c) was added as follows: The City would receive information and documents from the Airport regarding future noise abatement measures up for consideration and would be given a reasonable time in which to respond and make recommendations; Section (d) (formerly section c) would have the following language added: …and 5 year projected noise modeling. Ms. Nowak noted that WHEREAS #3 is irrelevant because it has already been changed. Ms. Emery felt it could be included as “a goal.” Members will vote on this at the next meeting. Mr. Chittenden then distributed a Resolution for future consideration. He said he believes the underlying issue with the Airport is governance and the “misalignment of interests.” It pits one municipality against another with a “lack of common purpose.” The Resolution calls for an exploratory committee to shift the governance structure of the Airport. Ms. Nowak said she would like to know the financial effect of this on the City of South Burlington, specifically in the area of payment in lieu of taxes. She felt it could be very detrimental, and she did not want any “unintended consequences.” Ms. Greco said a study on this was done in 2012/13 including pros and cons. Ms. Nowak said she would request a copy of that study. Changes to Minutes: Minutes of 23 January: Ms. Riehle asked to include that Ms. Louisos and Ms. Harrington had discussed the Planning Commission’s draft letter. Ms. Dooley asked that on p. 4, paragraph 6, the words “at a cost of about $66,000” be deleted. She proposed alternative language. Mr. Dorn challenged the numbers in the proposed language. Mr. Chittenden corrected the spelling of Ms. Andreoli’s name. In the Minutes of 17 January, the spelling of Mr. Leas name was corrected. On P. 7, paragraph 3, the word “medium” should read “median.” It was also noted that the presence of 2 people with the name “Mr. Bolduc” created some confusion. The following makes this clearer: all references to “Mr. Bolduc” in agenda item #6 are to Professor Vince Bolduc. References to “Mr. Bolduc” in agenda item #7 are to City Attorney Andrew Bolduc. Members agreed to send in any other changes they would like made. Mr. Barritt then addressed the school issue of retiring the name “Rebel.” He said there is a movement to put a motion on the ballot to stop the name change. He noted that 5% of the registered voters must sign that motion in order for it to go on the ballot without City Council approval. Mr. Barritt also noted there was an article on NPR regarding “clear boarding” of abandoned homes. He said he did not want to see plywood on the Folsham Farms abandoned house. He will send a link for the NPR information to Paul Conner. Ms. Emery questioned whether it would be worthwhile to ask how much property tax the city has lost on Airport purchased properties. Mr. Dorn explained the complexities of this. Ms. Nowak noted that some properties were bundled together and were called “parcels.” Mr. Dorn said he would try to get the numbers. Ms. Emery noted that in the Minutes of 14 November, p. 5, she had asked how things went from “no new homes” in 2015 to 13 new homes in 2016. 13. Executive Session: Ms. Emery moved that the Council enter into executive session for the purpose of discussing the negotiation or securing of real estate for purchase or lease by the City of South Burlington. Mr. Chittenden seconded. Motion passed unanimously. It was noted that no further action other than adjournment would occur following the executive session. The Council entered executive session at 11:10 p.m. As there was no further business to come before the Council, Mr. Chittenden moved to adjourn. Ms. Emery seconded. Motion passed unanimously. The meeting was adjourned at 11:35 p.m. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. South Burlington Water Dept. Accounts Payable Check Register Date: 02/07/17 Date Check No. Paid To Memo Amount Paid 2/7/2017 3137 Janet Cooper 139.18 Date Voucher Number Reference Voucher Total Amount Paid 1/12/2017 VI-14188 REFUND 139.18 139.18 2/7/2017 3138 E.J. Prescott, Inc. 1,174.35 Date Voucher Number Reference Voucher Total Amount Paid 1/11/2017 VI-14185 5177659 503.38 503.38 1/11/2017 VI-14186 5165518 543.74 543.74 1/23/2017 VI-14192 5192980 127.23 127.23 2/7/2017 3139 Hy-Viz Incorporated 2,132.50 Date Voucher Number Reference Voucher Total Amount Paid 12/31/2016 VI-14183 TYL-1433 2,132.50 2,132.50 2/7/2017 3140 Office Essentials 660.52 Date Voucher Number Reference Voucher Total Amount Paid 1/16/2017 VI-14184 33620 509.80 509.80 1/23/2017 VI-14190 33631 150.72 150.72 2/7/2017 3141 Betty Rambur 77.63 Date Voucher Number Reference Voucher Total Amount Paid 1/12/2017 VI-14187 REFUND 77.63 77.63 2/7/2017 3142 SoVerNet, Inc. 41.01 Date Voucher Number Reference Voucher Total Amount Paid 1/15/2017 VI-14191 3718410 41.01 41.01 2/7/2017 3143 Ti-Sales Inc. 726.75 Date Voucher Number Reference Voucher Total Amount Paid 1/19/2017 VI-14189 INV0074137 726.75 726.75 Printed: January 31, 2017 Page 1 of 2 South Burlington Water Dept. Accounts Payable Check Register Date: 02/07/17 Date Check No. Paid To Memo Amount Paid Total Amount Paid: 4,951.94 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: January 31, 2017 Page 2 of 2 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com To: Kevin Dorn, City Manager From: Ilona Blanchard, Project Director Subject: Right of Way Term Sheet – Market Street Reconstruction Project Date: February 3, 2017 Background: In order to reconstruct Market Street, additional rights to land is needed to treat stormwater and, temporarily, to build the roadway. The City has been meeting with South Burlington City Center, LLC and Snyder-Braverman Development Company, LLC and their attorneys to negotiate conditions under which South Burlington City Center, LLC would sign the property easement deed for the Market Street project right of way. The deed is required to construct Market Street and a critical step in the Vermont Transportation Agency roadway development process prior to a final set of construction documents being generated. The proposed attached Right of Way Term Sheet is the product of this negotiation and relates to cooperation between the two parties. The terms include: 1) A date by which South Burlington City Center, LLC will provide the easement; 2) A schedule for cooperation up until construction; 3) Agreements regarding utility connections; 4) Agreement that there will be a future agreement regarding concurrent construction coordination; 5) South Burlington City Center, LLC will provide land for a construction staging area; and 6) Acknowledgment of a common interest in a future development agreement. Attachments: • Resolution • Right of Way Term Sheet and Exhibits (Market Street Schedule, Draft Easement & ROW Plans, Sample Construction Coordination Agreement [not included at this time], and Example Staging Area Agreement) Recommendation: Approve the Resolution R – 2017 - RESOLUTION A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RIGHT OF WAY TERM SHEET FOR THE MARKET STREET RECONSTRUCTION PROJECT WHEREAS, to build Market Street, the City of South Burlington needs to acquire permanent and temporary easements otherwise known as rights-of-way on privately owned land; and, WHEREAS, South Burlington City Center, LLC owns a parcel of land adjacent to and on both sides of Market Street including the land on which the stormwater treatment ponds are placed; and, WHEREAS, the City has been negotiating with representatives of the landowner including Snyder-Braverman Development Company, LLC for some time; and, WHEREAS, the City is required to receive right-of-way clearance from the Vermont Transportation Agency as part of the project engineering process before final engineering for the street can be completed; and, WHEREAS, a set of terms have been negotiated outlining cooperation between the City and the landowner; and, WHEREAS, this term sheet clears the path for South Burlington City Center, LLC to sign the easement deed required to complete the project. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute the South Burlington City Center Market Street Reconstruction Project Right of Way Term Sheet between the City of South Burlington and South Burlington City Center, LLC and Snyder-Braverman Development Company, LLC with the same or substantially the same form and terms. APPROVED this _____ day of ______________ , 2017. SOUTH BURLINGTON CITY COUNCIL __________________________________ ________________________________ Helen Riehle, Chair Meaghan Emery, Vice-Chair __________________________________ ________________________________ Tim Barritt, Clerk Pat Nowak __________________________________ Tom Chittenden A "!" ! !$ ! ! ! ! ! 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" 1/30/2017 CCity of South Burlington Market Street Project Schedule Market Street Schedule 2017 Part B: Final Design JFMAMJJASONDJF 6.0 Final Right-of-Way Plans 6.01 Revise ROW Plans to Address Requested Design Changes 6.02 Property Owner Meetings 6.03 Right-of-Way Clear Package with all Signatures (Vtrans Review) 8.0 Final Design 8.01 Develop Detailed Final Quantities 8.02 Generate Quantity Sheets and Tables for Inclusion with Final Plans 8.03 Special Provisions, Specifications 8.04 Complete and Submit Documentation of Final Quantities 8.05 Final Engineer's Estimate 8.06 Final Plans Submission 8.07 Coordination Meetings (1) 8.08 VTrans Review 9.0 Contract Drawings and documents 9.01 Incorporate All Comments and Conditions in Contract Plans, Specs and Estimate 9.02 VTrans Review 9.03 Develop Complete Bidding Package for the City to Bid the Project 9.04 VTrans / Federal Authorization to Bid 9.05 Bidding Period G #! ! 1 CITY OF SOUTH BURLINGTON WARRANTY DEED OF EASEMENT KNOW ALL TO WHOM THESE PRESENTS COME: THAT SOUTH BURLINGTON CITY CENTER, LLC, a Vermont limited liability company with its principal place of business in the City of Burlington, in the County of Chittenden and the State of Vermont, Grantor, in the consideration of Ten and more Dollars ($10.00) paid to its full satisfaction by the CITY OF SOUTH BURLINGTON, a Vermont municipality in the County of Chittenden and State of Vermont, Grantee, does hereby give, grant, bargain, sell and convey unto the Grantee, CITY OF SOUTH BURLINGTON, its successors and assigns, rights or easements over certain pieces of land located in the City of South Burlington, in the County of Chittenden and State of Vermont, and described as follows, viz: Being part of the same land and premises conveyed to SOUTH BURLINGTON CITY CENTER, LLC by Quit Claim Deed of Randall G. Munson d/b/a South Burlington Realty Company dated January 30, 2009 and recorded in Book 853 at Page 222 of the City of the South Burlington Land Records and being more particularly described as follows: Being temporary and permanent easements on Parcel 0450-0000 shown on Sheets 3, 5, 6, 7, 8, 9 and 10 of the plan entitled “S. Burlington – Market Street” Project number STP 5200 (17) (the “Project”) (collectively, the “Right of Way Plan”) as filed in Map Slides ________, on _____________, 2016 in the City of South Burlington Land Records. In connection with this parcel the following easements are conveyed: A temporary easement in an area of 521 square feet, more or less, to enter upon land of the Grantor, during the period of construction, to construct a drive, left of and between approximate stations 106+83 and 106+98 of the established centerline of the Project as shown on the Right of Way Plan. A temporary easement during the period of construction to enter upon land of the Grantor for construction purposes, including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris, install erosion control barriers and barrier fence, as necessary and as noted on the Project plans; and to undertake general construction functions in an area of 15,732 square feet, more or less, left of and between approximate stations 106+97 and 121+38 of the established centerline of the Project as shown on the Right of Way Plan. Temporary easements during the period of construction to extend highway slopes and embankments: in an area of 5,001 square feet, more or less, left of and between approximate stations 106+95 and 110+71; in an area of 12,390 square feet, more or less, left of and between approximate stations 110+97 and 121+38; in an area of 11,216 square feet, more or less, right of and between approximate stations 110+97 and 119+26; in an area of 164 square feet, more or less, right of and between approximate stations 121+69 and 121+92; in an area of 5,659 square feet, more or less, left of and between approximate stations 121+70 and 127+30; and in an area of 5,043 square feet, more or less, right of and between approximate stations 122+47 and 127+10; all stations are of the established centerline of the Project as shown on the Right of Way Plan. The slopes and embankments may be extended at such an angle as will hold the material of said slopes in repose against ordinary erosion in accordance with the standard practice of transportation construction. The City of South Burlington shall have the right to remove all trees, logs, stumps, protruding roots, 2 brush, duff, and other objectionable materials, structures, growth, and any other thing of whatever kind or nature from said slope area. A permanent easement in an area of 209 square feet, more or less, and located left of and between approximate stations 107+11 and 107+30 of the established centerline of the Project, to install, construct, reconstruct, operate, repair, maintain, replace, patrol and remove overhead or underground cable, lines, conduits, poles, guys, anchors, braces, fixtures, and appurtenances thereto, hereinafter referred to as facilities, as necessary for the transmission of power and telecommunications under, upon, or across land of the Grantor. This easement also includes the perpetual right to cut, trim, and remove all trees, shrubs, bushes, underbrush, and other items, as determined necessary by the City of South Burlington, for the safe and efficient operation and maintenance of the facilities. The Grantor, its successors and assigns, will not, without the prior written permission of the City of South Burlington, erect or permit the erection of any building or any other structure, plant or permit the growth of any trees or bushes, change the grade or permit the change of grade, or fill or excavate within this easement area which will adversely affect the maintenance and operation of the aforesaid facilities by the City of South Burlington, its successors and assigns. The easement width may vary but will not exceed a width of thirty feet. A temporary easement to enter upon land of the Grantor during the period of construction to remove and reset a sign located at or near and left of approximate station 110+53 of the established centerline of the Project as shown on the Right of Way Plan. A temporary easement in an area of 1,914 square feet, more or less, to enter upon land of the Grantor, during the period of construction, to reconstruct a drive, left of and between approximate stations 110+61 and 111+02 of the established centerline of the Project as shown on the Right of Way Plan. A temporary easement to enter upon land of the Grantor, during the period of construction, to temporarily install a sign at or near and left of approximate station 110+69 of the established centerline of the Project as shown on the Right of Way Plan. A temporary easement in an area of 2,041 square feet, more or less, to enter upon land of the Grantor, during the period of construction, to reconstruct a drive right of and between approximate stations 110+69 and 110+98 of the established centerline of the Project as shown on the Right of Way Plan. A permanent easement in an area of 160 square feet, more or less, and located right of and between approximate stations 111+15 and 111+35 of the established centerline of the Project, to install, construct, reconstruct, operate, repair, maintain, replace, patrol and remove overhead or underground cable, lines, conduits, poles, guys, anchors, braces, fixtures, and appurtenances thereto, hereinafter referred to as facilities, as necessary for the transmission of power and telecommunications under, upon, or across land of the Grantor. This easement also includes the perpetual right to cut, trim, and remove all trees, shrubs, bushes, underbrush, and other items, as determined necessary by the City of South Burlington, for the safe and efficient operation and maintenance of the facilities. The Grantor, its successors and assigns, will not, without the prior written permission of the City of South Burlington, erect or permit the erection of any building or any other structure, plant or permit the growth of any trees or bushes, change the grade or permit the change of grade, or fill or excavate within this easement area which will adversely affect the maintenance and operation of the aforesaid facilities by the City of South Burlington, its successors and assigns. The easement width may vary but will not exceed a width of thirty feet. A temporary easement during the period of construction to enter upon land of the Grantor, for construction purposes, including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris, install erosion control barriers and barrier fence as necessary and as noted on the 3 project plans; and to undertake general construction functions in an area of 8,633 square feet, more or less, right of and between approximate stations 110+97 and 119+25 of the established centerline of the Project as shown on the Right of Way Plan. A temporary easement to enter upon land of the Grantor, during the period of construction, to temporarily install a sign at or near and right of approximate station 111+01 of the established centerline of the Project as shown on the Right of Way Plan. A permanent easement in an area of 101 square feet, more or less, and located left of and between approximate stations 111+09 and 111+19 of the established centerline of the Project, to install, construct, reconstruct, operate, repair, maintain, replace, patrol and remove overhead or underground cable, lines, conduits, poles, guys, anchors, braces, fixtures, and appurtenances thereto, hereinafter referred to as facilities, as necessary for the transmission of power and telecommunications under, upon, or across land of the Grantor. This easement also includes a temporary easement during the period of construction to install barrier fence as well as the perpetual right to cut, trim, and remove all trees, shrubs, bushes, underbrush, and other items, as determined necessary by the City of South Burlington, for the safe and efficient operation and maintenance of the facilities. The Grantor, its successors and assigns, will not, without the prior written permission of the City of South Burlington, erect or permit the erection of any building or any other structure, plant or permit the growth of any trees or bushes, change the grade or permit the change of grade, or fill or excavate within this easement area which will adversely affect the maintenance and operation of the aforesaid facilities by the City of South Burlington, its successors and assigns. The easement width may vary but will not exceed a width of thirty feet. A temporary easement to enter upon land of the Grantor during the period of construction to remove an eighteen-inch (18”) pipe located at or near and left of approximate station 115+05 of the established centerline of the Project as shown on the Right of Way Plan. A temporary easement to enter upon land of the Grantor during the period of construction to remove a catch basin located at or near and left of approximate station 115+05 of the established centerline of the Project as shown on the Right of Way Plan. A permanent easement to enter upon the land of Grantor, in an area of 1.36 acres, more or less, right of and between approximate stations 118+99 and 121+58 of the established centerline of the Project as shown on the Right of Way Plan to install, construct, maintain, improve, repair and replace: (a) a storm water detention basin and associated drainage infrastructure, a temporary barrier fence as needed and as necessary and the right to discharge water through said storm water detention basin and associated drainage infrastructure onto the land of Grantor, (b) a recreation area around the stormwater detention basin referenced in paragraph (a), above for public use, including the rights to install landscaping, including trees, shrubs, flowers, mulch, stones, walls, seating, lighting, boardwalks and other related landscaping features and materials, and (c) a pedestrian and bicycle recreation path for public use. Grantee shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, and drain said recreation path, including all necessary bridges, culvert, cuts and ramps. Said recreation path is conveyed subject to the condition that no motorized vehicles, including but not limited to motorcycles, trail bikes, and snowmobiles, shall be allowed except motorized vehicles of the Grantee, or its agents, for purposes of maintenance or patrolling the area. Grantee agrees, for itself and its successors that it will indemnify and hold Grantor harmless, to the full limits of liability insurance that Grantee customarily maintains, for any injury or 4 damage resulting from the public use of the area not attributable to acts of the Grantor. Grantee, by the recording of this easement, acknowledges that it has been donated to the City, at no cost to the City, with the intent that Grantor shall receive the full benefit and protection of 19 V.S.A. §2309.. The foregoing 1.36-acre permanent easement is conveyed subject to the condition that Grantor reserves to itself and its successors and assigns, and the City of South Burlington acknowledges and agrees that Grantor and it successors and assigns reserves, the right to use the area of the 1.36-acre easement as applicable under the City’s Land Development Regulations to meet the amount of qualified open space required under “Table 8-1 Open Space Requirements” for the benefit of any zoning application or project by Grantor, its successors or assigns. A permanent easement to enter upon the land of Grantor to install, construct, maintain, improve, repair and replace a storm water detention basin, an access way, associated drainage infrastructure and a temporary barrier fence as needed and as necessary, in an area of 20,452 square feet, more or less, right of and between approximate stations 121+37 and 122+80 of the established centerline of the Project as shown on the Right of Way Plan and the right to discharge water through said storm water detention basin and associated drainage infrastructure onto the land of Grantor. A temporary easement during the period of construction to enter upon land of the Grantor, for construction purposes, including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris, install erosion control barriers and barrier fence as necessary and as noted on the Project plans; and to undertake general construction functions in an area of 444 square feet, more or less, right of and between approximate stations 121+63 and 121+92 of the established centerline of the Project as shown on the Right of Way Plan. A temporary easement to enter upon land of the Grantor during the period of construction to remove a pipe located at or near and right of approximate station 121+45 of the established centerline of the Project as shown on the Right of Way Plan. A temporary easement to enter upon land of the Grantor during the period of construction to remove a pipe located at or near and right of approximate station 121+83 of the established centerline of the Project as shown on the Right of Way Plan. A temporary easement during the period of construction to enter upon land of the Grantor, for construction purposes, including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris, install erosion control barriers and barrier fence as necessary and as noted on the Project plans; and to undertake general construction functions in an area of 5,213 square feet, more or less, left of and between approximate stations 121+70 and 127+30 of the established centerline of the Project as shown on the Right of Way Plan. A temporary easement during the period of construction to enter upon land of the Grantor, for construction purposes, including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris, install erosion control barriers and barrier fence as necessary and as noted on the Project plans; and to undertake general construction functions in an area of 5,240 square feet, more or less, right of and between approximate stations 122+44 and 127+10 of the established centerline of the Project as shown on the Right of Way Plan. A permanent easement in an area of 150 square feet, more or less, and located left of and between approximate stations 124+49 and 124+64 of the established centerline of the Project, to install, construct, reconstruct, operate, repair, maintain, replace, patrol and remove overhead or underground cable, lines, conduits, poles, guys, anchors, braces, fixtures, and appurtenances thereto, hereinafter referred to as 5 facilities, as necessary for the transmission of power and telecommunications under, upon, or across land of the Grantor. This easement also includes the perpetual right to cut, trim, and remove all trees, shrubs, bushes, underbrush, and other items, as determined necessary by the City of South Burlington, for the safe and efficient operation and maintenance of the facilities. The Grantor, its successors and assigns, will not, without the prior written permission of the City of South Burlington, erect or permit the erection of any building or any other structure, plant or permit the growth of any trees or bushes, change the grade or permit the change of grade, or fill or excavate within this easement area which will adversely affect the maintenance and operation of the aforesaid facilities by the City of South Burlington, its successors and assigns. The easement width may vary but will not exceed a width of thirty feet. Grantee, for itself and its successors and assigns, agrees that any property of Grantor located outside of the boundaries of the easements conveyed herein, which is damaged by Grantee’s entry and construction activities pursuant to this Deed of Easement shall be promptly restored as near as reasonably practical to its original condition, reasonable wear and tear excepted, at Grantee’s own cost and expense. Grantee agrees that all construction work on Grantor’s property pursuant to this Deed of Easement shall be made by or performed at Grantee’s sole cost and expense and shall be performed in a workmanlike manner in accordance with the requirements of all governmental agencies having jurisdiction and the conditions and requirements set forth on the Right of Way Plan. Grantee shall be responsible for obtaining and maintaining all necessary permits and/or permit amendments for Grantee’s use of Grantor’s property and the construction of Grantee’s project. Grantee, and its successors and assigns, shall indemnify and hold Grantor, and its successors and assigns, harmless to the full limits of liability insurance that it customarily maintains, from and against any and all liability, loss, damage, claim, cost, expense or fee, including court costs and reasonable attorneys’ fees and disbursements, of any kind or nature, resulting from personal injury and/or property damage and/or any claim, penalty or enforcement action imposed by any governmental authority having or asserting jurisdiction over the property, due to or arising out of Grantee’s use of the easement areas as described herein. Except as otherwise set forth herein, Grantor and its successors and assigns shall have the right to make use of the surface of the rights of way and easements as is encumbered hereby, such as shall not be inconsistent with Grantee’s use of said easements and rights of way, but shall place no structures, landscaping or other improvements, nor discharge water, nor place snow or other material for storage within said easements and rights of way which shall prevent or interfere with the Grantee’s ability to use said easements and rights of way. Grantor shall not damage, modify, obstruct or in any way interfere with the easements and rights of way. The easements conveyed herein are subject to: (a) the provisions of municipal ordinances, public laws, and special acts; and (b) all easements and rights of way of record or as shown on the Right of Way Plan, not meaning to reinstate any claims barred by operation of the Vermont Marketable Record Title Act, 27 V.S.A. §§ 601-611, both inclusive. Reference is hereby made to the above-mentioned deeds and plans and the records thereof and the references therein made, all in further aid of this description. THE GRANTOR, having been fully informed of its right to receive just compensation for the acquisition of its property, hereby acknowledges, waives and releases the City of South Burlington from the Grantor’s right to receive just compensation determined by an appraisal as well as the City of South Burlington’s obligation (if applicable) to perform and provide an appraisal. 6 TO HAVE AND TO HOLD said granted rights and easements, with all the privileges and appurtenances thereof, to the said Grantee, the City of South Burlington, and its successors and assigns, to its own use and behoof forever; and said Grantor, South Burlington City Center, LLC, for itself and its successors and assigns, does covenant with the said City of South Burlington, and its successors and assigns, that until the ensealing of these presents, it is well seized of the premises, as a good indefeasible estate in fee simple, and has good right to grant and convey the said rights and easements in manner and form as written above and that the same are free from every encumbrance, whatsoever. AND FURTHERMORE, Grantor South Burlington City Center, LLC, does by these presents bind itself and its successors and assigns, forever, to WARRANT and DEFEND the above rights and easements to said Grantee City of South Burlington, and its successors and assigns, against all claims and demands whatsoever. IN WITNESS WHEREOF, I/we hereunto set my/our hand(s) this day of , . SOUTH BURLINGTON CITY CENTER, LLC By: ________________________________ Its Duly Authorized Agent STATE OF VERMONT Chittenden County, ss. At , this day of personally appeared, ______________________, Duly Authorized Agent of SOUTH BURLINGTON CITY CENTER, LLC and acknowledged this instrument, by him/her subscribed to be his/her free act and deed and the free act and deed of SOUTH BURLINGTON CITY CENTER, LLC. Before me, ________ Notary Public H #! ! "! ! ! I #! !$ ! ! ⋅ USE OF PROPERTY AGREEMENT THIS USE OF PROPERTY AGREEMENT is made and entered into this ___ day of _______________ 2017 between ______________________________, of _______________, Vermont (“OWNER”), and ______________________________, of ____________, Vermont (“USER”). Notices shall be sent to the parties as follows: PARTY 1: _______________ _______________ _______________ _______________, Vermont PARTY 2: _______________ _______________ _______________ _______________, Vermont 1.WITNESSETH: OWNER, for and in consideration of the rents, covenants and agreements hereinafter mentioned and hereby agreed to be paid, kept and performed by USER has allowed, and by these presents does allow USER the use of the following described property: [Insert Property Description] (“The Premises”; See Exhibit “A”, attached for further description. The Premises may be used and occupied by USER during the term hereof, subject to the conditions herein contained, for the purpose of staging area for USER’s _______________________ construction project including the temporary installation of trailers for office, storage and related purposes, and the parking and/or storage of vehicles, equipment, supplies and materials to be used in connection with USER’s construction job. Any rights conveyed by this Agreement shall accrue to USER only and shall not be sold, conveyed, assigned or transferred to any other party. All earthen materials on the Premises shall remain on the Premises and shall not be used for any purpose other than restoration of the Premises to its original condition. 2.TERM: The term of this Agreement shall be the duration of USER’s _______________ construction project, scheduled for completion on approximately ____________________. The ______________________ construction project as defined by __________and the various permits and job specifications includes the final restoration of areas used in connection with the project including the Premises. The final restoration of the Premises shall be completed no later than three months following the cessation of active use of the Premises except that the period between _______________, 201_ and _______________, 201_ shall not be counted against the three-month restoration time. In the event USER fails to return the Premises to its original state by _______________, 201_, USER acknowledges that OWNER will seek liquidated damages and/or resort to all legal or equitable remedies provided by law and furthermore, OWNER shall be entitled to court costs and reasonable attorney fees. 3. TERMINATION, ACCESS: At any time during the Term, in the event the Premises is the subject of a bona fide land use proposal, purchase or lease offer, USER agrees to vacate the Premises and restore the Premises to its original condition within 120 days of receiving a NOTICE TO VACATE from OWNER and in such event the Term and any payments by USER will end upon restoration of the Premises. For the duration of the Term and any extensions thereof, OWNER and/or its agents and employees shall have the right to enter the Premises in a reasonable manner during business hours to examine the same, and to show prospective purchasers or lessees or to perform field work relating to future development of the Premises. 4. USE FEE: The Use Fee for the Term shall be ___________ Dollars ($_______.00). 4A. ALTERNATIVE USE FEE:In the event the OWNER terminates its purchase of __________________from _________________ due to its failure to obtain permits, pursuant to the terms of a separate agreement between OWNER and _____________, then USER shall immediately commence payment of Alternative Use Fee in the amount of _______________________ ($______) per month for the duration of the Term. 5. DEPOSIT: USER shall deposit with OWNER the sum of ________________ Dollars ($______________.00), to be refunded to USER upon completion of the restoration of the Premises to its original state. 6. COMPLIANCE WITH LAWS: USER shall and will at its own cost and expense promptly execute and comply with any and all requirements at any time affecting the Premises imposed by any present or future law, statute, or governmental authority now existing or hereafter created, relating to changes or requirements incidental to or the result of any use or occupation of the Premises by USER. USER shall further comply with each and every rule, order and requirement of any federal, state, municipal, legislative, executive, judicial or other governmental body, commissioner, or officer or any bureau or department thereof; whether now existing or hereafter created, having jurisdiction over the Premises or any part thereof, or exercising any power relative thereto or to the owners. 7. INSURANCE: USER, at USER’s own cost and expense, will maintain a policy or policies of liability insurance insuring OWNER and USER for loss of property, which may or may not be claimed to have occurred on the Premises or in the vicinity of the same. Such policies shall cover such risks and be in such amounts as OWNER from time to time may reasonably request, but in any event in an amount not less than Five Million Dollars and 00/100 ($5,000,000.00) for injury to or death of any one person or for damage to or destruction or loss of property. Tenant shall deliver to Landlord certificates of such insurance coverage upon demand by Landlord, which certificates shall name Landlord as an additional insured. USER shall be responsible for maintaining any and all insurance upon USER’s property in and upon the Premises, by policies, which shall name OWNER as an additional insured, and Owner shall not be held responsible for any damages thereto. OWNER shall not be liable to USER or others for any loss or damage to property of USER or others in, on or around the premises. 8. ENVIRONMENTAL COVENANTS: USER shall comply with all environmental laws, Rules, regulations, statutes and ordinances, including without limitation, those applicable to “hazardous substances” USER shall provide written notice to OWNER of any generation, storage, disposal, removal, transportation or treatment of hazardous substances by USER or its employees, agents, licensees and subcontractors on the Premises. USER shall unconditionally, absolutely, and irrevocably agree to indemnify, defend, and hold harmless OWNER and its officers, employees, agents, and contractors, from and against and to pay in full on demand by OWNER of whatever nature suffered or incurred by OWNER on account of the existence on the Premises, or the release or discharge from the Premises, of “hazardous substances caused by USER or its employees, agents, licensees, and subcontractors” including without limitation , any claims, costs, losses, liabilities and expenses arising from the violation (or claim violation) of any environmental laws or the initiation of any action by any party against USER, OWNER or the Premises based upon nuisance, negligence or other tort theory alleging liability due to the improper generation, storage, disposal, removal, transportation or treatment of hazardous substances by USER or its employees, agents, licensees and subcontractors, or the imposition of a lien on any part of the Premises under the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq., as amended (“CERCLA”), and the Vermont Waste Management Statutes, Vt. Stat. Ann. Title 10, Ch. 159, or any other laws pursuant to which a lien or liability may be imposed on OWNER due to the existence of hazardous substances by USER or its employee, agents, licensees and subcontractors. The above indemnification shall not be extinguished or diminished by USER’s notice to OWNER of the generation, storage, disposal, removal transportation or treatment of hazardous substances by USER or its employees, agents, licensees, and subcontractors on the Premises, nor by OWNER’s consent thereto or OWNER’s, co-applicant status on any permit applied for in connection therewith. 9. INDEMNITY: USER shall indemnify, defend and save harmless OWNER from and against any and all liability, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and causes of action of every kind and nature, including OWNER costs and reasonable attorneys’ fees; suffered or incurred as a result of any breach by USER, its agents, servants, employees, visitors or licensees of any covenant or condition of this Lease, or as a result of USER’s use or occupancy of the Premises, or the carelessness, negligence or improper conduct of USER, its agents, servants, employees, visitors or licensees; provided, however, that it is understood and agreed that the obligations of USER hereunder shall not extend to the gross negligence or willful misconduct of OWNER its employees, agents or representatives. IN WITNESS WHEREOF, the parties hereto have duly executed the foregoing instrument on this ____ day of _____________, 201_. _____________________________ _____________________________ Witness OWNER _____________________________ _____________________________ Witness USER STATE OF VERMONT COUNTY OF CHITTENDEN, SS. On this _____ day of ________________, 2017, personally appeared ______________________, Duly Authorized Agent of ______________________, to me known to be the person who executed the foregoing instrument, and he/she acknowledged this instrument, by him/her signed, to be his/her free act and deed and the free act and deed of ______________________. Before me, Notary Public Printed Name: Notary commission issued in Chittenden County My commission expires: 2/10/19 STATE OF VERMONT COUNTY OF CHITTENDEN, SS. On this _____ day of ________________, 2017, personally appeared ______________________, Duly Authorized Agent of ______________________, to me known to be the person who executed the foregoing instrument, and he/she acknowledged this instrument, by him/her signed, to be his/her free act and deed and the free act and deed of ______________________. Before me, Notary Public Printed Name: Notary commission issued in Chittenden County My commission expires: 2/10/19 <1197074v1/JOP> South Burlington Fire Department 575 Dorset Street South Burlington, Vermont 05403 802-846-4110 To: Mr. Kevin Dorn, City Manager South Burlington City Council Members From: Douglas Brent, Chief of Fire and EMS Date: January 31, 2017 Re: Moose Club Donation I was approached by Mr. Richard Wells (Governor) of the local Moose Lodge #1618 relative to a recent fundraiser they had held to raise money for local public safety. Mr. Wells was looking for an event or initiative relating to public safety that they could donate funds towards. I had a nice conversation with him about different ideas to best serve the public good. One idea which I posed to him was donating the money for the purchase of residential emergency key boxes for people who are shut-ins and have no way to leave a key accessible should they need emergency assistance. Some of these people may even have “Lifeline” and push the button for assistance and not have a way for us to enter when we respond. The days of just leaving the door unlocked are long gone. This idea was overwhelmingly embraced by the Moose Club membership. They have even pledged to donate more funds in the future. Background For many years the state fire code has required commercial businesses to install emergency key boxes for fire department access. This is a practice that we have abided by here in South Burlington for many years and we currently have more than 300 locations which have them. Recently the vendor who sells these products has developed a residential version for use in a home setting. (They are still the same quality, just smaller, and only made for one key) Our idea was to have a supply of them to “loan out” to people who need them. We would make this information available to the 5 local home health agencies who would help us to find people who need them. Upon request, our on duty crew would go out and install them, check the key, and lock them up for the client. When the time came that the box was no longer needed at the location it would be returned to us for re-issue to a new client. It is my understanding from Mr. Wells that the funds they are going to donate to this project will allow us to purchase about a dozen boxes to start. We will have one of these boxes available for demonstration at the meeting. MEMORANDUM To: Burlington City Council Colchester Selectboard Essex Selectboard Milton Selectboard Shelburne Selectboard South Burlington City Council Winooski City Council Williston Selectboard From: Charlie Baker, Executive Director Aaron Frank, Chair of Chittenden County Regional Dispatch Governance Committee Date: February 2, 2017 Re: Regional Dispatch - Request to Name Representative to Joint Survey Committee On behalf of the Regional Dispatch Governance Committee, we are requesting that your municipality take action to “appoint a representative to a Joint Survey Committee for Chittenden County Public Safety Services as the initial first formal step in evaluating the creation of a regional public safety dispatch service as a union municipal district subject to municipal votes as early as March of 2018.” We will come to your meeting to review this and discuss if you desire. See the attached presentation for an introduction to the discussion. Each of your municipalities currently operates dispatch services and has participated in a technical study about regional dispatching that was recently completed. In order to explore the next step in creating a union municipal district, state statute requires each of the participating municipalities to form a Joint Survey Committee. The study recommended a single countywide dispatch operation to: • Provide redundancy staffing for major emergencies • Efficiently address cross community mutual aid by utilizing the closest public safety resource • Increase training, quality assurance, better support, and career opportunities for dispatch staff • Provide better support of fire and rescue staff in the field • Co-locate 911 and dispatch, as is done in Shelburne, in order to decrease emergency services response times up to 5 minutes, or 90 seconds on average Concurrent with the study a Regional Dispatch Governance Committee of eight public safety chiefs, eight municipal managers, and CCRPC staff studied governance structures for regional dispatch. After eight meetings, and consultation with legal counsel, the committee recommended a union municipal district, as permissible under 24 VSA Ch. 121, Sub. 3. CSWD and CWD are examples of union municipal districts in our region. Advantages of this structure include: • Ability to enact and enforce ordinances for alarms or false 911 calls • Lower cost municipal borrowing rates and ability to qualify for grants as a municipality • Government immunity • Local voter approval to establish the district (no need for a state-approved charter) 110 West Canal Street, Suite 202 Winooski, Vermont 05404-2109 802-846-4490 www.ccrpcvt.org Now that a governance structure (union municipal district) has been identified, the next step is to create a “Joint Survey Committee.” This Committee is required by state statutes prior to forming a district. We are requesting strong consideration that each municipality’s appointee to this committee be familiar with this work and can represent your municipality with a broad perspective. We have also constituted a committee comprised of public safety chiefs and staff to handle technical and operational issues. Critical next steps include: • Appoint Joint Survey Committee (February 2017) o Draft Charter o Engage dispatchers as a group o Determine software, radio, telecommunication, and space needs o Refine operating costs, capital costs; draft budget, draft assessments (Fall 2017) • Survey Committee Selectboard/Councils determine if there will be a citizen vote to join o Provide public info, engagement and outreach (January-February 2018) o Include appropriate budget amounts in municipal budget o Town Meeting votes on membership (March 2018) • Re-assess operations based on votes in each community (March 2018) o Hire director and initial staff (April 2018) o Begin dispatch operations (July 1, 2018) and incrementally expand operations thereafter o Complete Consolidation (December 31, 2019) Therefore, we request that your municipality take action to “appoint a representative to a Joint Survey Committee for Chittenden County Public Safety Services as the initial first formal step in evaluating the creation of a regional public safety dispatch service as a union municipal district subject to municipal votes as early as March of 2018.” Thank you for your consideration. Please contact us with any questions. Charlie Baker, cbaker@ccrpcvt.org , 735- 3500 or Aaron Frank, afrank@colchestervt.gov, 264-5502. Dispatch Consolidation RoadmapChittenden CountyRegional Dispatch Implementation1.Background2.Why are we doing this? 3.DELTAWRX Recommendations4.Governance Work Group Recommendations5.Proposed next steps 6.Questions? Dispatch Consolidation RoadmapPSAP MapPublic Safety Answering PointsWhy are we doing this?The PSAP transfer adds an average of 90 extra sec. per 911 callThe NFPA recommends that 80% of calls are processed within 60 seconds and that 95% of calls are processed within 106 seconds Dispatch Consolidation RoadmapOur proposed plan is the result of a participatory and interactive processInterviews with 60+ individuals from project sponsor agencies, the Vermont State Police, Vermont Enhanced 9-1-1 Board and CrossWind TechnologiesBuilds on the preferences, assumptions and requirements agreed upon during an interim workshop in November, including the desire to pursue full consolidation among the project sponsorsContinuously refined to take into account the ongoing efforts of the Governance Work GroupThe objective of this presentation is toDescribe how consolidation will impact the current environmentDocument the state of the future Chittenden County consolidated communications centerBackgroundPage 3 Dispatch Consolidation RoadmapConsolidation Addresses Issues Specific to Chittenden CountyPage 4Staffing• Issue: 6 Locations have single person minimum staffing which limits the dispatcher’s ability to prioritize incidents and offers no redundancy in the event of a major emergency• Solution: Consolidation eliminates this risk through increased staffing; model also positively impacts staffing by creating time for supervision, quality assurance, ongoing training and after action reporting and by offering career advancement opportunitiesMutual Aid• Issue: Mutual aid is requested through a manual, sequential process which lengthens call processing times• Solution: Consolidation minimizes this issue by providing a collective view of participating agencies’ resource availability and allowing CAD to systematically select the most appropriate resource based on pre-defined parameters; on occasion external resources will still be required Dispatch Consolidation RoadmapConsolidation Addresses Issues Specific to Chittenden CountyPage 5Fire/EMS Calls• Issue: There is no dedicated oversight during Fire/EMS calls for service, posing a risk to first responder safety• Solution: Consolidation eliminates this issue by creating a fire operations position(s) consistent with NFPA guidelines; further, associated improvements in technology will help bring Fire/EMS dispatching in line with industry standards Call Taking Process• Issue: PSAPs transfer calls to Dispatch Centers, lengthening the call taking process*• Solution: Consolidation minimizes this issue by transitioning dispatch centers into a PSAP and thus assuming call answering duties (a small percentage of calls will still be transferred)* Shelburne is already a PSAP and therefore an exception Dispatch Consolidation RoadmapPersonnel costs account for about 93% of dispatch expenses in the current environment and are thus a key metric in financial analysisDispatch centers are currently authorized to employ 45 FTEConsolidation model requires up to 38 FTE (conservative staffing)45 – 38 = 7 FTE = up to $412,000/year; minimum of $50,000/yrThe reduction of 7 FTE can occur through natural attritionDispatcher turnover is about 8%/year, low by national standards38 FTE * 8% = Loss of 3 FTE per year through natural attritionSome dispatchers may opt out of moving to the consolidated entity6 Police Departments will need to reassign non-communications duties currently performed by dispatchers This will require between 0-6 FTE, depending on existing capacity, for a net “savings” of 1-7 FTE-These duties may be able to be covered by existing Police Department employees Countywide Consolidation Decreases Staffing RequirementsPage 6Staffing temporarily increases during first phase of the transition period Dispatch Consolidation RoadmapConsolidation ChallengesPage 7Challenge Mitigation StrategyOrganizational Change Posed to DispatchersDispatchers are integral to the process, must be respected as professionals and thoughtfully involved: communicate transparently, address rumors, invest in transition training and create a forum for pre- and post-cutover feedbackPay and Benefit ConsiderationsConsider current bargaining agreements, workload, experience, technology and complexity in developing a competitive compensation packageStandardization Agency chiefs must be prepared to compromise: with few exceptions, SOPs that cannot be uniquely configured in CAD should be standardizedOperational Changes In addition to changes in the Communications Center, field personnel will need to change how they conduct daily operations (e.g., radio usage)Differing Perspectives on TechnologyPrioritize “must have” functionality over a given vendor and leave the door open for future changes Dispatch Consolidation RoadmapConsolidation ChallengesPage 8Challenge Mitigation StrategyLeadership Adequately fund the Executive Director position and begin recruiting early: this leader must be perceived as competent, fair and strong and available to support the transitionEmergency Service and Community EquityGovernance structure must be perceived as fair by all parties and provide a voice for smaller communitiesLoss of 24x7Administrative Desk at the Police DepartmentsCommunication: Assure community members that public safety emergency services will remain available around the clock and that they will benefit from improved service delivery; educate citizens on administrative services that will be reduced to business hours; seek after-hours self-service solutions (e.g., exterior form box) Dispatch Consolidation RoadmapPage 9The proposed timeline is best case scenario, but doable through teamwork, a commitment to compromise and clear roles and responsibilitiesTimeline• Serves Burlington and one or two other communities• Functions as a dispatch center until Shelburne joins, at which time it will become a PSAP • Could begin from existing facilityPhase 1: July 2018• Adds two to three other communities• Operates from the ultimate facilityPhase 2: January 2019• Adds final project sponsor communities• Poised to add other communities on a contract-for-service basis once operations have stabilizedPhase 3: December 2019 Draft Chittenden County Dispatch CenterExecutive DirectorExecutive Board (5-8 appointed) by Communities now providing dispatchShift Supervisorsalso fill inDispatchTraining & QA/QC(Software Expert/Interface)IT/Telecom (Alarms/DPS Software/Hardware/Integration)BPD DispatchPoliceDispatchBackup DispatchFire/EMSDispatcherFire/EMSOps10PoliceChiefs18FireChiefsAssessments to 5-8 Member Towns32-38 total staff based on DWRX interim reportAdvisory Committee with reps from:5 cross trained dispatchers:10RescueChiefsPage 10 Dispatch Consolidation RoadmapGovernance Issues1. Legislative/Enabling Authority2. CEO and board of directors3. Voting and financial contributions 4. Long term debt capacity 5. Authority to enter collective bargaining agreements6. Responsibility to and for employees7. Stakeholder/customer satisfaction8. Authority to bind contracts 9. Leverage existing support functions: HR, finance, risk management and insurance, budgeting, buildings, IT infrastructure, telecom10. Capacity To grow/expand11. Coordination across CountyPage 11 Dispatch Consolidation RoadmapModels Examined1. Inter-municipal contracting 2. Regional special purpose government w/ legislative charter3. Intermunicipal service agreement with CCRPC4. Non-profit under CCRPC5. Non-profit formed by Municipalities6. Interlocal police services organization7. Union municipal district –RECOMMENDEDReview included Municipal & CCRPC legal counselPage 12 Dispatch Consolidation RoadmapUnion Municipal District -24 VSA Ch. 121, Sub. 3Benefits:•Legislative power (enforceable ordinances):•Alarm ordinances for businesses•Prosecution of false 911 calls and or reports to police •Future: animal control, etc.•Borrow at low government rates •Apply directly for grants •Government immunity•Less complex governance structure•No need for State legislative approval of charter•Joint Survey Committee (pre-public vote board) authorized to•Research technical issues and solutions: location, software, equipment, phasing•Draft charter, bylaws, funding mechanisms•Develop organization with funding from Cities/Towns•Develop public informationPage 13 Union Municipal District: GovernanceExecutive DirectorExecutive Board (5-8 appointed)10PoliceChiefs18FireChiefs10RescueChiefs•Hire Communications Director•Budget Vote•Long Term Commitments with 5-8 Communities with Dispatch•Fees for service ($/call) with other Towns•Pay, benefits and human resources•Debt obligations through long term contracts with member communities only•Vendor ContractsAdvisory Committeew/ reps from:Regional Planning Commissionstaff coordinating and contracted support•GIS •Finance•Intergovernmental Coordination/Facilitation/Open meetings•Support Advisory CommitteePage 14 Dispatch Consolidation RoadmapNext Steps - OrganizingFeb/March 2017 – Meet with Towns operating dispatch services Make appointment to Joint Survey CommitteeFebruary 2017 – Technical Advisory Committee starts meetingMarch 2017 – Organize Joint Survey Committee March 2017 – Meet with rest of Towns to provide update March 2017 – Begin ongoinginformational meetings with dispatchers Spring 2017 - CCRPC Bylaws approved to enable offering services to Joint Survey CommitteePage 15 Dispatch Consolidation RoadmapNext Steps - DevelopmentSpring 2017 – draft Charter for union municipal district Summer 2017 - draft budget and assessments prepared for proposed members (those who appoint Joint Survey Committee members) and contract fee rates for othersFall 2017 – obtain commitment of Joint Survey municipalities to fund part time and/or interim Exec Director in FY 18 via contract with CCRPCFall/Winter 2017 – communications to participating towns in preparation for Town Meeting Day votesWinter 2017 – Joint Survey Committee hires interim Exec Director through contract with CCRPC: find space; arrange support services; integrate of radio systems, telecom, and upgrade CAD; benefits and pay; operating procedures; plan of dispatch agency integration; redundancy and testing plansPage 16 Dispatch Consolidation RoadmapNext Steps - DecisionsWinter 2017-2018 -Towns committed to vote on regional entity will propose funding for dispatch services in their FY 19 budgets, in such a manner that it could go to the new regional entity (if the Town votes to join) or to retain service in house (if the Town votes not to join). Spring 2018 - Town Meeting votes on membershipSpring 2018 -Determine costs, assessment and onboarding plan (which municipal dispatch centers close when) that works based on actual membersApril 2018 - Municipal members cede dispatching authority per onboarding planApril 2018 -Begin to hire employees in a staggered manner to set up and test systems, leave municipal ops in place but build teamJuly 1, 2018+ -Agency begins providing dispatch services to at least one communities who voted to join and continue to onboard per planPage 17 Dispatch Consolidation RoadmapMoving forwardIt is hoped that allChittenden County municipalities ultimately participate in the regional dispatch entity Cities and Towns that operate dispatch services Further explore becoming members in union municipal district dispatch entityAppointment to the Joint Survey Committee.Other communities would have fees for service and representation through an advisory committee of public safety chiefs Mix of funding and commitments will help keep the regional dispatch entity focused on both service and qualityPage 18 Dispatch Consolidation RoadmapTHANK YOU!Questions?For more information, contact:Charlie Baker, cbaker@ccrpcvt.orgor 735-3500Joe Colangelo, jcolangelo@shelburnevt.orgor 985-5111Aaron Frank, AFrank@colchestervt.govor 264-5509Lee Krohn, lkrohn@ccrpcvt.orgor 861-0118Work to date can be found at:http://www.ccrpcvt.org/our-work/emergency-management/regional-dispatch/ MOTION TO BE OFFERED BY COUNCILOR NOWAK RELATED TO THE MEETING OF THE SOUTH BURLINGTON CITY COUNCIL ON FEBRUARY 6, 2017 AND PERTAINING TO ITEM 11 ON THE AGENDA I MOVE THAT: The City of So Burlington actively participate in the FAA Noise Compatibility Program process which may include the Residential Sound Insulation Program at no cost to the city or residents. The program falls under the FAA Part 150 process and is designed to assess all homes and public buildings in the 65 dnl as Listed on the 2015 NEM (Noise Exposure Map). This evaluation would then be followed by an FAA review and approval, and as federal funds are available, the implementation of determined mitigation strategies. The determination of this process is directly with the homeowners within the 65 db DNL and will take approximately 18 months, this is the opportunity for leadership in South Burlington to collaboratively work with their community to identify noise mitigation strategies. The intent of this NCP would be to find mitigation strategies that best complement the residents’ wishes. SOUTH BURLINGTON CITY COUNCIL RESOLUTION IN RESPONSE TO BIA’S NOVEMBER 14, 2016 PRESENTATION ON FAA NOISE COMPATIBILITY PROGRAMS WHEREAS, South Burlington is home to the Burlington International Airport (“Airport” or “BIA”), an important contributor to the local, regional, and statewide economy; and, WHEREAS, in 2008 and again in 2016 the Airport has pursued home acquisition program grants without prior consultation with South Burlington planning agencies or formal approval; and, WHEREAS, the South Burlington City Council has since 2011 acted to halt any future home acquisition programs in order to protect the City’s property tax base, its affordable and workforce housing stock, the Chamberlin Neighborhood, and the residents’ quality of life; and, WHEREAS, the South Burlington City Council believes it is imperative that it act in a way that is consistent with The City’s Comprehensive Plan and the goals of its planning agencies; NOW THEREFORE, the City of South Burlington does hereby state the following: 1. We reiterate the South Burlington City Council 2011 position that the Council seeks assurance from BIA that the boundaries of its NCP program will not expand; and, 2. We reiterate the South Burlington City Council 2011 position that the Council seeks a pledge from BIA and the FAA to fund and build noise mitigation devices such as: (a) a sound wall along the southern concourse to block ground-level noise from commercial jets impacting residents on Logwood St. and Forest; and, (b) blast deflectors and/or a berm and landscaping along the western perimeter (north of the terminal) to block ground-level noise and airfield views impacting residents on Dumont Ave., So. Henry Court, Hanover St., Duval St., Airport Parkway, Kirby Rd., and Lily Lane; and, 3. We reiterate the South Burlington City Council 2011 position that the Council seeks a pledge from BIA and the FAA to implement operational practices whose result is that the noise experienced by the adjacent South Burlington residential neighborhood is no greater than it was in 2011; and, 4. We further state our opposition to a noise abatement program that includes an avigation easement or prerequisite home acquisition program – e.g., home insulation, sales assistance, purchase assurance or easement acquisitions – unless and until: (a) a legally warned public hearing is held; and, (b) the City of South Burlington’s planning agencies (Planning Commission and Council) are active partners with Airport planners in developing noise mitigation strategies prior to grant requests and FAA approval; and, (c) any such noise abatement program that includes an avigation easement or requires further home/parcel acquisition in our City be based on actual noise measurement data for foreseen operations. DATED this ____ day of ____________ 2017, SOUTH BURLINGTON CITY COUNCIL ____________________________________ Helen Riehle, Chair ____________________________________ Meaghan Emery, Vice-Chair ____________________________________ Tim Barritt, Clerk ____________________________________ Thomas Chittenden ____________________________________ Pat Nowak