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Minutes - City Council - 05/01/2017
CITY COUNCIL 1 MAY 2017 The South Burlington City Council held a regular meeting on Monday, 1. May 2017, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: H. Riehle, Chair; P. Nowak (by phone), T. Chittenden, T. Barritt, M. Emery ALSO PRESENT: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; A. Bolduc, City Attorney; Chief D. Brent, Fire Department; J. Rabidoux, Public Works Director; W. Coleman, J. Kernan 1. Directions on emergency evacuation procedures from conference room: Mr. Dorn provided emergency evacuation procedures from the conference room. Prior to the next agenda item, Ms. Riehle acknowledged the work of the Police Department and School Department, in conjunction with City Hall staff during recent events. She also noted that on 2 May, the faith community and Community Justice Center will be hosting a meeting at the Community Bible Church on Williston Road and urged community members to participate. She added that civil discourse is the basis of a strong democracy. 2. Agenda Review: Additions, deletions or changes in order of agenda items: Members agreed to add a discussion in Other Business of a luncheon for the Public Works Department in recognition of their work this winter. 3. Comments & Questions from the public not related to the agenda: There were no public comments. 4. Announcements and City Manager’s Report: Council members reported on events and meetings they had attended in recent weeks. Mr. Dorn: On Friday, there will be a “multi‐modal” ride around Burlington and South Burlington. On Saturday, Green Up Day, there will be a ribbon cutting at City Hall in recognition of recent improvements made to the building. Tours will be offered. A meeting was held with Michael Monte and Amy Dimetrix of Champlain Housing Trust regarding alternative sites for the Kirby Cottages. A meeting was held with Gene Richards and Nick Longo regarding the Dog Park. The Airport has terminated the lease as of 1 July. There is a possibility of another Airport site nearby. Mr. Dorn said he has asked that the lease by extended to 31 December, and he hoped this will be agreed to. Attended the Airport Commission meeting on Monday and spoke regarding the Commission’s March minutes which included negative comments about working with the City’s Planning Staff. Testified at the Statehouse regarding the miscellaneous tax bill. Mr. Dorn felt there will be an improvement over the current situation that would require the education and municipal entities to share in tax refunds and attorney’s fees which result from litigation. Mr. Dorn noted that South Burlington is not the only community affected by this. The Housing Trust Fund Committee met and will be presenting a recommendation to the Council on 15 May regarding funding for the Market Street housing project. Talks have been held with the School Superintendent regarding the implications of the failed school budget related to preparation of tax bills. The School District is looking at late May/early June for the next vote on the budget. Mr. Dorn cited the extraordinary work of the Police Department during the recent school incidents. The Department also reached out to the FBI and Leahy Center and achieved an amazingly fast outcome. Ms. Emery felt the event was more traumatic for some students than it should have been and suggested training regarding use of social media. Mr. Chittenden suggested inviting School District people to attend the Police Department awards ceremony. A lot of progress has been made regarding a Regional Dispatch Center. The formation of a Union Municipal District is almost complete. Ms. Emery noted she was contacted by an Essex Selectboard member regarding petitioning for a regional center. Mr. Dorn noted Essex has not yet made a decision regarding membership on the Joint Survey Committee. He added that there is consideration of an interim step, starting with a few communities. This could happen as early as November. 5. Consent Agenda: a. Sign Disbursement b. Approve Minutes for 6 February 2017 Mr. Chittenden asked to pull the Minutes of 2 February. Ms. Emery moved to approve the Consent Agenda minus the Minutes of 2 February. Mr. Barritt seconded. Motion passed unanimously. 6. Ordinance Amendments – Second Reading of: a. Peddlers Ordinance – Ordinance codification project amendments b. Repeal of Ordinance to Regulate the Registration and Use of Bicycles in the City of South Burlington c. Ordinance Regulating Conduct in Public Parks – Smoking in Parks Mr. Barritt moved that in lieu of reading the proposed ordinances in full, the Council read the Peddlers Ordinance, Ordinance Regulating Conduct in Public Parks, and Ordinance to Regulate the Registration and Use of Bicycles in the city of South Burlington by title only, as provided by the City Charter. Ms. Emery seconded. Motion passed unanimously. Mr. Barritt moved that the Council enter into a public hearing that was duly warned for this date for second readings of the Peddlers Ordinance, Ordinance Regulating Conduct in Public Parks, and Ordinance to Regulate the Registration and Use of Bicycles in the City of South Burlington. Ms. Emery seconded. Motion passed unanimously. Peddlers Ordinance: Mr. Bolduc said there will be an effort this summer to make some changes to this ordinance. Ms. Emery questioned “everything” being produced in Vermont and noted that some things (e.g., salt) used in products may not be made in Vermont. Mr. Bolduc said it is the finished product that must be made in Vermont. Mr. Barritt asked about the need to post the permit. Mr. Bolduc said it should be available on request. Use of Bicycles: Mr. Bolduc noted that this ordinance hasn’t been enforced since the 1980’s and the recommendation is to repeal it. No issues were raised with this. Smoking in Parks: This represents the recommendation of the National Parks and Recreation Council. It bans the use of all tobacco products in city parks. Mr. Chittenden asked about parking lots at parks. Mr. Bolduc said the parking lots are part of the parks and the ordinance would be in effect there. Ms. Nowak asked if the ordinance would include marijuana, if the Legislature passes the bill before them. Mr. Bolduc said it would depend on the language of the final bill. There was no public comment on the proposed ordinances. Mr. Barritt moved to close the public hearing. Ms. Emery seconded. Motion passed unanimously. Mr. Barritt then moved to pass the Peddlers Ordinance as proposed with amendments and authorize the publication of a short and concise one- paragraph description of the effects of the proposed ordinance in a newspaper of general circulation in the City, once, together with a notice of the time and place where and when there shall be a public hearing to consider the same for final passage. Ms. Emery seconded. Motion passed unanimously. Mr. Barritt moved that the Council repeal the Ordinance to Regulate the Registration and Use of Bicycles in the City of South Burlington, without amendment, effective upon this date. Ms. Emery seconded. Motion passed unanimously. Mr. Barritt then moved to pass the Ordinance Regulating Conduct in Public Parks – Smoking in Parks as proposed with amendments and authorize the publication of a short and concise one-paragraph description of the effects of the proposed ordinance to be published in a newspaper of general circulation in the City, once, together with a notice of the time and place where and when there shall be a public hearing to consider the same for final passage. Ms. Emery seconded. Motion passed unanimously. 7. Update on Transportation and Public Works Projects: Mr. Rabidoux distributed a map of city and state projects and those in adjacent areas. Ms. Riehle commended the Public Works Department on the speed with which the Kimball Avenue situation was dealt with. Mr. Rabidoux said the road is now fully opened. It took 2 weeks and 5 days from the time the problem occurred, and that could not have happened without the cooperation of the State and others. The root of the culvert failure is still not determined; later in the season, they will be able to see what needs to be done. All costs will be shared 50-50 with the Town of Williston as the culvert borders both communities. Mr. Rabidoux then addressed each of the indicated projects as follows: State Route 2 Paving Project: involves the removal of a concrete sub-base. Most work will be done at night. Two lanes of traffic will be open at all times Project behind Price Chopper near City Center: upgrading of stormwater system, work to be done July-November. Market Street Culvert – first infrastructure project in City Center, work to be done June‐September 2017. Traffic may be reduced to one lane and will be closed to thru-traffic in the culvert area. Hinesburg Road Culvert – (State project) just north of Kennedy Drive. Work to start after 4 July with 4‐6 weeks of construction. Hinesburg Rd. will be closed a majority of the time when work is occurring, and this will coincide with the closings on Market Street. Interstate Culvert Project – (state project) behind the Village at Dorset Park and a mile south of there. Massive culverts are involved. Work will be done at night for the first month. Completion expected in December. Hinesburg Road Sidewalk Project – ongoing, low impact. Village at Dorset Park Stormwater Project – This will begin very soon. Bartlett Brook Central – project is in a large wooded area and is part of the MS4 requirement. Bartlett Brook North – involves Stonehedge and the majority of Laurel Hill neighborhood. Oak Creek Culverts – undersized culverts being replaced. No impact on the traveling public. Mr. Chittenden asked if neighboring communities are keeping up with South Burlington’s efforts. Mr. Rabidoux said other communities are forming utilities. All of them have to clean up impaired waterways. Mr. Chittenden asked about the time-span of the temporary solution on Kimball Ave. Mr. Rabidoux said the entire waterway is spanned by the bridge which could be there 10-15 years. Ms. Emery asked if any of the costs for this are covered by insurance. Mr. Rabidoux said he met with adjusters on the site, but has not yet gotten a decision from them. 8. Consider and Approve Local Emergency Operations Plan: Chief Brent said the plan is the same as last year’s with some updates. The State still needs to update sections on hazardous materials. Ms. Riehle asked if the plan was used during the school incident. The Chief said it wasn’t, but it could have been. He noted a recent culvert issue during which the plan was put into effect and people were relocated. Ms. Emery moved to authorize the City Manager to sign the Local Emergency Operations Plan and submit it to the State. Mr. Barritt seconded. Motion passed unanimously. 9. Update on Landfill Solar Installation Schedule and Revenue Projections: Mr. Hubbard noted that Ms. Blanchard is working closely on this. Groundbreaking is anticipated in May or early June, a bit behind schedule. Because of the late start, the city got a “late fee” check for $20,000 which will be split 60‐40 between the city and schools. It is anticipated that the installation will be fully operational in October. When the installation is operational, the city should receive $8,000 a month for the next 10 years. Mr. Hubbard recommended coming back to the Council with a resolution for a reserve fund for city infrastructure that aligns with the solar installation or the Veterans Park project. Some of the penalty money could also be used at Veterans Park. 10. Consent to the assignment of general partner and limited partner interests for the referenced limited partnerships CHT (Champlain Housing Trust) Limited Partnerships: a. ANDERSON I HOUSING LIMITED PARTNERSHIP CONSENT TO ASSIGNMENT OF GENERAL PARTNER AND LIMITED PARTNER INTERESTS b. ANDERSON II HOUSING LIMITED PARTNERSHIP CONSENT TO ASSIGNNMENT OF GENERAL PARTNER AND LIMITED PARTNER INTERESTS c. LIME KILN BOND HOUSING LIMITED PARTNERSHIP CONSENT TO ASSIGNMENT OF GENERAL PARTNER AND LIMITED PARTNER INTERESTS d. LIME KILN ALLOCATED HOUSING LIMITED PARTNERSHIP CONSENT TO ASSIGNMENT OF GENERAL PARTNER AND LIMITED PARTNER INTERESTS e. O’DELL ALLOCATED HOUSING LIMITED PARTNERSHIP CONSENT TO ASSIGNMENT OF GENERAL PARTNER AND LIMITED PARTNER INTERESTS f. O’DELL BOND HOUSING LIMITED PARTNERSHIP CONSENT TO ASSIGNMENT OF GENERAL PARTNER AND LIMITED PARTNER INTERESTS Mr. Dorn explained that they have reached the 15-year point in these projects, and assignment routinely takes place at this point. The city received block grants related to these projects and all parties must sign off their rights, including the city and state. Mr. Barritt then moved to approve, in block, the contents of assignment of general partner and limited partner interests in the Champlain Housing Trust affordable housing projects as outlined in item 11 of the agenda for this meeting and to authorize the City Manager to sign all paperwork and agreements associated with the contents. Ms. Emery seconded. Motion passed unanimously. 11. Review and Discuss Draft Memorandum of Understanding between the City of South Burlington and City of Burlington related to the Federal Aviation Administration/City of Burlington regarding the Home Buy-out and Demolition Program: Mr. Dorn said the Memorandum of Understanding (MOU) was prepared by the City Attorney. Both Burlington Mayor Weinberger and Gene Richards, as well as the South Burlington City Council do not want to see any more houses demolished. The MOU could be reopened if conditions on the ground change. Ms. Nowak felt the MOU has been done in good faith and is a good stop. Other Council members agreed. Members discussed possible references to other forms of sound mitigation and agreed to delete the words “home insulation” from the MOU in order to keep the focus on the main issue of no more housing demolition. Mr. Dorn will make the amendment and bring it back to the Council for approval on 15 May. 12. City Council Discussion on Priorities for the Coming Year: Ms. Riehle stressed one of her main priorities is effective communication with the community regarding the next TIF ballot and other issues. Mr. Chittenden asked the status of a new website. Mr. Dorn said the city is struggling with the contractor, but they anticipate being up and rolling on 1 July. He will try to have information for the Council on 15 May. Ms. Emery asked about charges to committees. Mr. Dorn noted a joint meeting scheduled with Committee chairs on 23 May being facilitated by Paul Conner and Coralee Holm. Ms. Nowak expressed concern regarding UMall and the city’s Grand List in order to keep the tax base in line. She suggested the Council could get more economic information. Ms. Riehle noted that Mr. Chittenden’s priority if an Economic/Community Development Committee. She felt it was important to know what happens in other communities when malls “die.” Mr. Dorn said he is working on setting up a meeting with UMall people. 13. Liquor Control Board: Ms. Emery moved the Council convene as Liquor Control Board. Mr. Chittenden seconded. Motion passed unanimously. The Board considered a request from Jiffy Mart for a second class license. No issues were raised. Ms. Emery moved to approve the second class license for Jiffy Mart as presented. Mr. Chittenden seconded. Motion passed unanimously. Mr. Chittenden moved to reconvene as City Council. Ms. Emery seconded. Motion passed unanimously. 13. Other Business: A. Items Held from Consent Agenda Mr. Chittenden expressed concern with setting a precedent of amending minutes after an election. He said if a Council member has an issue with previously approved minutes, that Council member can state the issue at a later meeting. Mr. Chittenden noted that the 6 February minutes were previously approved and the proposed amendments had been voted down. Ms. Emery said she was willing to let the Minutes stand as presented in the packet. Ms. Emery moved to approve the Minutes of 6 February 2017 as presented in tonight’s packet. Mr. Barritt seconded. Motion passed 4‐1 with Mr. Chittenden opposing. B. Other: Ms. Nowak suggested a luncheon for Public Works personnel as the Council has done in the past. She will call Mr. Rabidoux to get a suggested date. She urged Council members to attend. Council members were OK with this. Ms. Riehle agreed to help with the planning. There were no other issues raised. As there was no further business to come before the Council, Ms. Emery moved to adjourn. Mr. Barritt seconded. Motion passed unanimously. The meeting was adjourned at 9:00 p.m. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. South Burlington Water Dept. Accounts Payable Check Register Date: 05/02/17 Date Check No. Paid To Memo Amount Paid 5/2/2017 3178 South Burlington Ace 24.95 Date Voucher Number Reference Voucher Total Amount Paid 4/10/2017 VI-14238 799070/3 24.95 24.95 5/2/2017 3179 E.J. Prescott, Inc. 390.58 Date Voucher Number Reference Voucher Total Amount Paid 4/13/2017 VI-14239 5217083 106.76 106.76 4/12/2017 VI-14241 5216682 166.32 166.32 4/10/2017 VI-14242 5214084 117.50 117.50 5/2/2017 3180 Ferguson Waterworks #590 266.52 Date Voucher Number Reference Voucher Total Amount Paid 4/14/2017 VI-14237 0742704-1 266.52 266.52 5/2/2017 3181 Lowes Business Acct/Sync B 55.16 Date Voucher Number Reference Voucher Total Amount Paid 4/17/2017 VI-14246 0190874-RONGO 55.16 55.16 5/2/2017 3182 Stuart McDonald 135.81 Date Voucher Number Reference Voucher Total Amount Paid 4/19/2017 VI-14244 REFUND 135.81 135.81 5/2/2017 3183 Russell Supply 56.87 Date Voucher Number Reference Voucher Total Amount Paid 4/17/2017 VI-14240 081988 56.87 56.87 5/2/2017 3184 SoVerNet, Inc. 40.84 Date Voucher Number Reference Voucher Total Amount Paid 4/15/2017 VI-14245 3750688 40.84 40.84 5/2/2017 3185 Spencer & Vy Weppler 155.74 Date Voucher Number Reference Voucher Total Amount Paid 4/19/2017 VI-14243 REFUND 155.74 155.74 Printed: April 25, 2017 Page 1 of 2 South Burlington Water Dept. Accounts Payable Check Register Date: 05/02/17 Date Check No. Paid To Memo Amount Paid Total Amount Paid: 1,126.47 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: April 25, 2017 Page 2 of 2 Peddlers Ordinance PEDDLERS ORDINANCE 2 City of South Burlington Ordinance Peddlers Ordinance Second Reading.docx Table of Contents 1. Purpose and Authority ...................................................................................................................... 3 2. General Definitions ........................................................................................................................... 3 3. Exclusions .......................................................................................................................................... 4 4. Licensing of Peddlers ........................................................................................................................ 4 5. Peddling Regulations ......................................................................................................................... 5 6. Enforcement ..................................................................................................................................... 6 7. Civil Penalty; Waiver Fee ................................................................................................................... 7 8. Other Relief ....................................................................................................................................... 7 9. Severability ........................................................................................................................................ 7 PEDDLERS ORDINANCE 3 City of South Burlington Ordinance Peddlers Ordinance Second Reading.docx The Council of the City of South Burlington hereby ordains: 1. Purpose and Authority This Ordinance is adopted by the City Council of South Burlington under authority conferred by 24 V.S.A. §2291 (9) and Sections 103 and 104 of the City Charter. It is the purpose of this Ordinance to regulate the activities of peddling within the City of South Burlington for the protection of the public health, safety, welfare, and convenience, to maintain safe and efficient pedestrian and automotive traffic movement, and to protect the residents of South Burlington from unscrupulous, fraudulent and immoral business practices. This Ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. 2. General Definitions For purposes of this ordinance, the following words and/or phrases shall apply: The following words, terms, and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: City Manager Includes the City Manager and his/her designee. Farmers Market An outdoor market open to the public, operated by one or more Sponsors. All agricultural products including food, fiber, plants, or flowers shall be grown in Vermont. All prepared foods shall be prepared in Vermont by the vendor. All craft products shall be hand crafted in Vermont by the vendor. Peddler A person who travels by foot or utilizes a wagon, motorized vehicle, pushcart, or similar type of conveyance, along the streets, sidewalk, and other public places within the City of South Burlington, or who, on a Temporary basis, hires, leases, or occupies a building (or portion thereof), structure, or land within the City of South Burlington, and thereon or therefrom offers, displays, or exposes for sale goods, wares, merchandise, food (including fresh farm produce), or similar products, or who thereon or therefrom offers to purchase goods, wares, merchandise, food, or similar products. Peddler shall not include a delivery type of service (i.e.e.g., UPS, Fed Ex, food deliveries). Traveling – Means mMoving along the City streets with a motor vehicle for the purpose of selling goods (i.e. e.g., ice cream, vegetables, etc.) which does not include Door-to-door sales. Door-to-door – Means gGoing by foot from one building to another building for the purpose of selling goods or services. Fixed – Mean pPeddling from one (1) location for the duration of the Peddler’s license. Sponsor Any individual or organization with which a Peddler is economically affiliated, in relation to peddling, in an employer-employee, master-servant, independent contractor, agency, joint venture, or similar arrangement. Includes a fFarmer’s mMarket operator or manager. Temporary Shall mean aA continuous period of use or occupancy of less than ninety (90) days. PEDDLERS ORDINANCE 4 City of South Burlington Ordinance Peddlers Ordinance Second Reading.docx 3. Exclusions This Ordinance shall not be construed as impairing the rights conferred by 24 V.S.A. §2181. The license fee requirement imposed by Section 24(B) below, shall not apply in respect to an individual or organization that qualifies for an exclusion set forth in is a tax-exempt, nonprofit organization under Section 501(c) of the U.S. Internal Revenue Code. 4. Licensing of Peddlers (A) It shall be unlawful for any resident or nonresident to operate a Farmers Market or engage in peddling activities within the City without first obtaining a license therefore pursuant to this section. (B) Peddlers and Farmers Market Sponsors shall file an application with the City Manager on a form provided by the Manager, which application shall include a license fee of $ __________, and shall provide the following information: (1) Applicant’s name, home and business addresses, and telephone number. Names of licensed employees (no more than two). (2) Name, address, and telephone number of applicant’s employer or Sponsor of applicant’s peddling activities. (3) A description of the goods to be peddled, the manner and locale to be used in offering goods for sale, and in the case of fresh produce, whether such items are the produce of lands owned or rented by the applicant or his/her Sponsor. (4) If a motorized vehicle or trailer is to be used, a description of same together with license number, registration number, or other identification. (5) A photograph of the applicant and any employees taken within sixty (60) days of the date application is filed, which picture shall be two (2) inches by two (2) inches clearly depicting applicant’s head and shoulders. (6) A statement of whether the applicant has been convicted of any crime or municipal ordinance violation, including a description of the offense, and the penalty assessed therefore. (7) Identification of any liability insurance policies, with a statement of policy limits, available to cover any injury or damage resulting from the applicant’s activities in the City of South Burlington. (8) Signature of property owner(s) where a Peddler operating in a Fixed location or a Farmers Market is to be located. (C) The City Manager shall preliminarily review each application for accuracy, completeness, and compliance with the terms of this Ordinance. The application shall then be referred to the South Burlington Police Department for investigation. The Police Department shall conduct a background check, including a history of criminal convictions, for all applicants seeking a license for Door-to-door sales. Information received from the background check shall be considered by the City Manager in determining whether a license shall be issued. The City Manager shall either issue or deny a Peddler’s license within fourteen (14) days of his or her receipt thereof. Said time period may be extended by the mCity Manager upon written notice to the applicant if unusual circumstances so require. Denial of a license shall be accompanied by a written statement of grounds for such denial. The applicant may appeal the denial of a license to the South Burlington City Council within seven (7) days of the City Manager’s decision. PEDDLERS ORDINANCE 5 City of South Burlington Ordinance Peddlers Ordinance Second Reading.docx (D) Prior to the issuance of a license pursuant to this Ordinance, the applicant shall file with the City Clerk an instrument nominating and appointing the City Clerk his or her true and lawful agent with full power and authority to acknowledgeaccept service of notice or process for and on behalf said applicant in respect to any matters connected with or arising out the business transacted under said license. The instrument filed with the City Clerk shall also contain recitals to the effect that said the applicant for said license consents and agrees that service of any notice or process may be made upon the City Clerk, and when so made shall be taken and held to be valid as if personally served upon the person or persons applying for the said license under this Ordinance, according to the law of this or any other state, and waiving all claim or right of error by reason of such acknowledgement of service or manner of service. Immediately upon service of process upon the City Clerk, as hereinabove provided, the City Clerk shall send to the licensee at his last known address, by registered mail, a copy of said process. (E) Each license shall be effective for a one (1) month period and may be renewed for two (2) additional periods of one (1) month each, during a calendar year. Each license shall authorize the conduct of peddling activities throughout the geographic limits of the City. No license issued pursuant to this Ordinance shall be displayed or used by any individual other than the person to whom it is issued or employees specifically designated on said license. The licensee shall display his/her license at all times when conducting peddling activities. A license may be used by up to two employees of the applicant if said employees are listed on the applications and noted on the face of the license. A license shall only be effective for a single location at any given time. (F) The City Council shall be authorized to set the license fee required by Section 24(B) of this Ordinance by resolution as they City Council, from time to time, deems appropriate. (G) Notwithstanding Section 24 (E) above, a license for a Peddler that sells goods from a motor vehicle while traveling the City streets and has no Door-to-door sales may be effective for up to one (1) year from the date of issuance. The motor vehicle under this license can only stand for short periods of time for the purpose of delivering the goods sold. (H) Notwithstanding Section 24(E) above, a license for a Sponsor operating a Farmers Market may be effective for up to five (5) months from the date of issuance. No Farmers Market shall operate more frequently than one (1) time per week. (I) A Farmers Market shall be permitted to include temporary seating for up to sixteen (16) individuals on the premises. Such seating shall be both installed and removed on the day of the Farmers Market, unless approved as permanent seating under the City’s Land Development Regulations. 5. Peddling Regulations (A) Breach of any provision of this Ordinance shall be cause for license revocation and any other remedy set forth in Section 6 below. (B) Peddling activities shall not be conducted in such a manner as to obstruct or interfere with motor vehicle traffic on the traveled portion of any City road, nor shall a Peddler conduct activity in a locale which is not clearly visible to oncoming traffic. Peddling activities shall not interfere with pedestrian movement, block sidewalks, or obstruct crosswalks. No Peddler shall operate in a manner which obstructs official traffic signs. No peddling is permitted between the curbs (on the traveled portion) of the following roads: Williston Road, Dorset Street, Kennedy Drive, and Shelburne Road. PEDDLERS ORDINANCE 6 City of South Burlington Ordinance Peddlers Ordinance Second Reading.docx (C) Peddling activities shall not be conducted in such a manner as to require or have the effect of requiring patrons to park on off-site, privately-owned land without written consent from said property owners. (D) No Peddler shall shout, cry out, or use any sound-making device (including horns, bells, loudspeakers, sound amplifying systems) from the City’s streets, sidewalks, or other public property in a manner which disturbs the peace or constitutes a public nuisance. (E) No Peddler shall physically accost, restrain or otherwise interfere with the free movement of any individual during the course of peddling activities, nor shall any Peddler engage in misleading, fraudulent or offensive business practices. (F) Peddlers shall be limited to the use of only one sign promoting his/her activities which sign cannot be in excess of ten (10) square feet in surface display area nor stand more than four (4) feet above the ground level. For the purpose of this Ordinance, banner, pennants, flags and other similar items shall be considered signs. No sign shall be affixed to public or private property without obtaining prior approval therefore from the owner of said property. No sign shall be placed in such a manner as to obstruct or interfere with traffic. The use of signs with moving parts or illuminated signs that create the appearance of movement are prohibited. The use of string lighting is prohibited without the prior written approval of the City Manager. In the case of a Farmers Market, the sign shall not exceed thirty two (32) square feet in surface display area, shall not stand more than eight feet, six inches (8’, 6”) above ground level, shall be erected no more than two (2) full days prior to the public operation of the Farmers Market and shall be removed at the close of the Farmers Market on each day it is in operation. (G) The City Manager shall not issue a Peddler’s license for any peddling activity within the public streets, unless such activity has obtained approval as a temporary use under the South Burlington Land Development Regulations. 6. Enforcement Any person who violates a provision of this Ordinance or who violates any condition of a license issued hereunder shall be subject to a civil penalty of up to $800 per day for each day that such violation continues. The South Burlington Code Officer shall be authorized to act as the Issuing Municipal Official to issue and pursue before the Judicial Bureau a municipal complaint. Each day the violation continues shall constitute a separate violation. A municipal complaint may, at the discretion of the Issuing Municipal Official, be dismissed upon the successful completion of a restorative justice program through the South Burlington Community Justice Center. (A) Each violation of this Ordinance shall be subject to a $50.00 fine; each day a violation continues shall constitute a separate offense. (B) A Peddler’s license may be revoked or suspended by the City Manager without reimbursement of any fee for: • Misrepresentations on an application; • South Burlington Police Department or City Council determination that Peddler’s conduct demonstrates a lack of suitable business or moral character; • Conviction of a federal or state law violation or Ccity Ordinance; • Violation of the provisions of this Ordinance or other City of South Burlington regulations. PEDDLERS ORDINANCE 7 City of South Burlington Ordinance Peddlers Ordinance Second Reading.docx Any revocation or suspension pursuant to this section may be appealed to the City Council by filing a notice thereof with the secretary of the Council within ten (10) days of such revocation or suspension. (C) Any violation of this Ordinance may be enforceable by injunction or other action available at law. 7. Civil Penalty; Waiver Fee An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation: First offense $160 Second offense $320 Third offense $480 Fourth offense $640 Fifth and subsequent offenses $800 An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: First Offense $100 Second offense $250 Third offense $400 Fourth offense $550 Fifth and subsequent offenses $700 8. Other Relief (A) In addition to the enforcement procedures available before the Judicial Bureau, the City Manager is authorized to commence a civil action to obtain injunctive and other appropriate relief or to pursue any other remedy authorized by law. (B) A Peddler’s license may be revoked by the City Manager without reimbursement of any fee for: (i) misrepresentation on an application; (ii) violation of the provisions of this Ordinance or other City ordinances; or, (iii) where there is a risk to public health or safety. Any revocation pursuant to this section may be appealed to the City Council by filing a notice thereof with the Clerk of the Council within ten (10) business days of such revocation. 9. Applicability and Severability (A) This Ordinance controls only those activities treated and does not supersede any state or federal law or consistent local regulation. (B) Any part or provision of this Ordinance shall be considered severable and the invalidity of any part or section shall not be held to invalidate any other part or provision of this Ordinance. PEDDLERS ORDINANCE 8 City of South Burlington Ordinance Peddlers Ordinance Second Reading.docx Adopted at South Burlington, Vermont this _____ day of __________________, 2017, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _________________________________ Helen Riehle, Chair _________________________________ Meaghan Emery, Vice-Chair _________________________________ Tim Barritt, Clerk _________________________________ Thomas Chittenden _________________________________ Pat Nowak Received and recorded this ______ day of _____________________, 2017. _________________________________ Donna Kinville, City Clerk Ordinance Regulating Conduct in South Burlington Parks PARKS ORDINANCE 2 City of South Burlington Ordinance PROPOSED AMENDMENTS Table of Contents 1. Purpose and Authority ......................................................................................................... 3 2. Definitions ............................................................................................................................ 3 3. General Provisions ................................................................................................................ 3 4. Conduct ................................................................................................................................ 3 5. Camping; Boating; Fishing; Bathing ...................................................................................... 4 6. Fires ...................................................................................................................................... 4 7. Refuse ................................................................................................................................... 4 8. Traffic .................................................................................................................................... 4 9. Recreation Path .................................................................................................................... 5 10. Animals; Plants; Wildlife ....................................................................................................... 6 11. Hours and Fees ..................................................................................................................... 6 12. Permit System ...................................................................................................................... 6 13. Closed Areas ......................................................................................................................... 7 14. Enforcement ......................................................................................................................... 7 15. Civil Penalty; Waiver Fee ...................................................................................................... 8 16. Other Relief .......................................................................................................................... 8 17. Severability ........................................................................................................................... 8 The Council of the City of South Burlington hereby ordains: PARKS ORDINANCE 3 City of South Burlington Ordinance PROPOSED AMENDMENTS 1. Purpose and Authority This Ordinance is enacted by the City Council pursuant to authority it is granted under 24 V.S.A. Chapter 67, 24 V.S.A. Section 2291, 18 V.S.A. Chapter 37, and Section 104 of the South Burlington City Charter. The purpose of this Ordinance is to ensure all citizens of South Burlington that the parks of the City will be clean, safe and enjoyable places for people to engage in the recreation pursuits of their choice. This Ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. 2. Definitions The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Park All recreation facilities and lands regarding which the City of South Burlington holds a legal interest for open space and recreation use, whether such lands are developed or undeveloped. “Park” includes, but is not limited to, playgrounds, open spaces, conservation areas, recreation and bicycle paths, trails, beaches, pathways, as well as public parks. “Park” shall also include property regarding which the South Burlington School District holds a legal interest at such time as the District provides the City Council with written authority to regulate conduct on such property and the Council by resolution accepts said authority. Recreation and bicycle paths shall not include roadways identified by the City as “bicycle routes” where a bicycle path or lane is not specifically defined on such roadway. Smoking The possession and use of lighted “tobacco products” or possession and use of “tobacco substitutes” as those terms are defined in 7 V.S.A. § 1001, as now enacted or hereafter amended. 3. General Provisions (A) City Parks will be operated, maintained and supervised by the South Burlington Recreation Department. (B) Visitors use the South Burlington Parks at their own risk. The City is not responsible for theft, personal injury, property damage or any other loss. Such losses, however, should be reported to the City Recreation and Police Departments. 4. Conduct (A) It shall be unlawful to post bills, cut, deface, write upon, remove or destroy any tree, shrub, rock, signs, buildings, tables, benches, fireplaces, grills or other structures or equipment, facilities or park property, or appurtenances whatsoever. (B) No person shall engage or participate in, aid, form, or organize any assembly or group, or make speeches, or conduct programs of entertainment in any City Park unless a permit has been issued pursuant to Section 12 hereof and said permit is carried by the person directing or leading such activity. This subdivision does not apply to educational activities of students under school direction, or to government agency activity within the scope of the functions of such agency. (C) No person shall disturb the peace, endanger the public safety, use obscene or profane language or prevent the use of City Parks by others. PARKS ORDINANCE 4 City of South Burlington Ordinance PROPOSED AMENDMENTS (D) Drinking of alcoholic beverages in City Parks is strictly forbidden, unless the individual is a member of a group that has been issued a permit by the Recreation Department pursuant to Section 12 hereof, and such permit specifically sanctions the drinking of alcoholic beverages. (E) Firearms of any description, air rifles, gas weapons, slingshots, bows and arrows, firecrackers, and explosives are prohibited and shall not be displayed or discharged in City Parks. Firework displays may be permitted by permit. (F) Smoking shall be prohibited in all Parks including all City playgrounds, natural areas, beaches, athletic fields, bleachers, as well as event areas and venues. It shall be within the discretion of the Director of Recreation and Parks to designate specific smoking areas within any Park as well as to post and maintain “No Smoking” signs clearly and conspicuously throughout the smoke-free areas of the Parks. 5. Camping; Boating; Fishing; Bathing (A) Overnight camping is prohibited unless such activity is confined to areas specifically designated by the Recreation Department for that purpose. (B) Boating and fishing are not permitted in any area designated for swimming use. (C) Bathing and swimming are allowed only in areas designated, and all persons swimming or bathing do so at their own risk. Changing clothes except in bathhouses provided by the Recreation Department is prohibited. Use of inflatable or other types of swimming aids is prohibited except in areas designated for such purpose by the Recreation Department. 6. Fires (A) Fires shall be built only in outdoor fireplaces provided by the City or in grills in designated picnic areas. There will be no fires on the trail system. (B) Portable stoves may be used only in designated picnic areas. Such stoves, when in use, shall be placed on charcoal grills or outdoor fireplaces, and not upon the ground, adjacent woods, refuse receptacles, picnic tables or benches. (C) Fires shall not be left unattended. 7. Refuse (A) Refuse, rubbish, garbage or other trash of any nature shall not be left in City Parks except in receptacles where provided. (B) No glass containers are permitted within Park boundaries. (C) No person shall pollute the waters of any City Park through the deposit of any foreign material therein. 8. Traffic (A) Pedestrians have the right of way on all Park roads. (B) All persons driving motorized vehicles shall obey all traffic signs and directions of Park employees and shall park only in areas designated for that purpose. PARKS ORDINANCE 5 City of South Burlington Ordinance PROPOSED AMENDMENTS (C) The speed limit on all Park roads is 15 M.P.H. unless otherwise designated. (D) Where an entrance gate and attendant’s booth has been provided at any City Park, operators of motor vehicles entering such Parks shall pay the requested fee and retain the ticket received from the attendant as a receipt. (E) Motor vehicles, including motorcycles and motorbikes, are prohibited on foot trails and other areas other than on roads maintained for public vehicular traffic. Bicycles may be used only on designated trails at designated times. (F) All-terrain vehicles (ATV) and snowmobiles are not permitted within the boundaries of City Parks, except within areas designated for such use by the City Recreation Department. 9. Recreation Path (A) All motorized vehicles of every kind and description are prohibited from driving on the South Burlington Recreation Path, except as follows: (1) Emergency response vehicles and authorized City maintenance and enforcement vehicles; (2) Vehicles crossing the path at designated crossing points such as intersections and driveways; (3) Vehicles traveling on Lindenwood Drive, to the extent necessary to avoid potential conflicts with other vehicles; and (4) Motorized wheelchairs. (B) Skateboards and horses are prohibited from the Recreation Path. (C) Racing of bicycles is prohibited on the recreation path, unless approved by the Director of Recreation and Parks. (D) Pedestrians have the right of way on the Recreation Path. (E) Users of the recreation path shall observe and obey the following rules: (1) All users shall stay to the right side of the path except when passing. (2) Passing shall be done on the left of the person(s) being passed. Users shall warn others prior to passing them by announcing “passing to your left” or some other suitable warning. (3) Users shall travel single file when necessary for safety. (4) Users shall obey all applicable traffic rules and regulations, including coming to a complete stop at all stop signs. (5) Bicyclists shall stop at all stop signs, and shall walk their bicycles in any area posted for walking only. (6) All users shall travel only at such speeds and in such a manner as is safe under the circumstances, including current weather conditions and the condition of the path surface. (F) All dogs must be leashed on a maximum 6’ leash. Dog feces shall be removed from the Recreation Path and the right-of-way by the person responsible for the dog. PARKS ORDINANCE 6 City of South Burlington Ordinance PROPOSED AMENDMENTS (G) No person shall have use of the Recreation Path for commercial purposes unless first receiving the express approval of the City Council. (H) No person shall litter on or adjacent to the Recreation Path. 10. Animals; Plants; Wildlife (A) Except where prohibited under Subsection (E) below, domestic animals are permitted within the City Park boundaries when under the control of the owner. (B) Horseback riding is prohibited within City Parks, except in areas specifically designated for such purpose by the Recreation Department. (C) Within the boundaries of any Park, trees, shrubs, flowers, ferns, or other plants shall not be lifted or picked by park visitors. No stones, rocks, birds or animals shall be removed. Removal of bark from trees by any means whatsoever is prohibited. Cutting and removal of firewood is prohibited unless specifically authorized in writing by the Director of Recreation and Parks or City Manager. Axes, hatchets, shovels, chainsaws, picks, handsaws, and all other tools used to dig, cut or build are specifically prohibited within City Parks except where expressly authorized by way of a permit issued pursuant to Section 12. (D) No person shall disturb or injure any animal within the confines of a City Park, nor disturb any animal habitat. (E) Domestic animals shall be prohibited at all times from the beach area at Red Rocks Park and the adjoining water of Lake Champlain. Dogs must be under owner control by a leash no longer than six feet (6’) at all times when in Red Rocks Park, Dorset Park, or on recreation or bicycle paths. 11. Hours and Fees (A) City Parks, including roads and parking areas, shall be open only during the times indicated at park entrances or as otherwise established by the Recreation Department. (B) Cars and other types of motor vehicles left in City Parks after hours, or in unauthorized areas will be towed away at the owner’s expense. (C) Reasonable fees may be assessed by the Recreation Department for the entry of vehicles onto Park lands and for the use of City Parks by individuals. The Director of Recreation and Parks shall establish a schedule of such fees and post said schedule at Park entrances. 12. Permit System (A) A permit must be obtained through the system outlined in this section before any person engages in the activity described in Sections 4(B),(D),(E) and 10(C). (B) Application shall be made to the Recreation Department prior to the proposed activity date. (C) Application shall be made on a form provided by the Director of Recreation and Parks, specifying the name, address, and phone number of the applicant, the name of the sponsoring organization, if any, the date and the type of proposed activity, the Park which has been requested, the estimated attendance, and the hours during which the activity is to be conducted. PARKS ORDINANCE 7 City of South Burlington Ordinance PROPOSED AMENDMENTS (D) The Director of Recreation and Parks or his or her designee shall issue a permit if the applicant’s use will not materially interfere with the enjoyment and use of City Parks by the general public based on consideration of whether the applicant’s activity: (1) Will detract from residents’ recreation opportunities (2) Will unreasonably infringe on public health, safety or welfare (3) Will conflict with facilities reserved for other uses (4) Will interfere with traffic or burden policy services (5) Is likely to cause personal or property injury, incite violence, crime, or disorderly conduct (6) Is for the primary purpose of advertising products, goods or events, or for purely private profit (E) The Director of Recreation and Parks may impose reasonable conditions upon the issuance of a permit. (F) A fee may be imposed by the Director of Recreation and Parks as a condition to the issuance of a permit in relation to fund raising activity or for the purpose of defraying the costs of cleanup, either before or after the proposed activity. (G) As a condition of the issuance of a permit, the Director of Recreation and Parks may, at his or her discretion, require the posting of a bond to cover possible damages to any City property and may require the individual or group to have in attendance a law enforcement officer. (H) The Director of Recreation and Parks shall act on an application within five business days of the receipt thereof. Denial of an application shall be accompanied by a statement of reasons for such denial. An applicant may appeal the action of the Director to the City Manager. 13. Closed Areas Any area of any Park may be declared closed to the public by the Director of Recreation and Parks at any time for any interval of time. When so closed, the Director shall cause notice to be posted at the entrances to said Park and at the closed area so as to notify the public that the area of the Park is closed. A person shall not enter, pass through, or remain in the closed area of any Park except with the written permission of the Director. 14. Enforcement (A) Any person who violates a provision of this Ordinance or who violates any condition of a permit issued hereunder shall be subject to a civil penalty of up to $800 for each violation. Each day the violation continues shall constitute a separate offense. The Director of Recreation and Parks, Police Officers, Animal Control Officers and Park Attendants of the City of South Burlington shall be authorized to act as Issuing Municipal Officials to issue and pursue before the Judicial Bureau a municipal complaint. A municipal complaint may, at the discretion of the Issuing Municipal Official, be dismissed upon the successful completion of a restorative justice program through the South Burlington Community Justice Center. PARKS ORDINANCE 8 City of South Burlington Ordinance PROPOSED AMENDMENTS 15. Civil Penalty; Waiver Fee An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation: First offense $160 Second offense $320 Third offense $480 Fourth offense $640 Fifth and subsequent offenses $800 An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: First offense $100 Second offense $250 Third offense $400 Fourth offense $550 Fifth and subsequent offenses $700 16. Other Relief (A) In addition to the enforcement procedures available before the Judicial Bureau, the City Manager is authorized to commence a civil action to obtain injunctive relief and other appropriate relief, or to pursue any other remedy authorized by law. (B) Issuing Municipal Officials shall have the authority to eject from the Park any person acting in violation of any provisions of this Ordinance or in violation of any permit issued pursuant to this Ordinance. (C) A permit issued under this Ordinance may be revoked by the Director of Recreation and Parks without reimbursement of any fee for: (i) misrepresentations on an application; (ii) violation of the provisions of this Ordinance or other City of South Burlington regulation; or, (iii) where there is a risk to public health or safety. Any revocation pursuant to this section may be appealed to the City Council by filing a notice thereof with the secretary of the Council within ten (10) days of such revocation. (D) In addition to the enforcement procedures available before the Judicial Bureau, a person who enters the closed area of any Park shall be liable to the City of South Burlington for expenses incurred by the City to provide rescue, medical or other services to such person for circumstances or injuries which result from entrance into, or use of, the closed area. 17. Severability In the event that any section, subsection or portion of this Ordinance shall be declared by any competent court to be invalid for any reason, such decision shall not be deemed to affect the validity of any other section, subsection or portion of this Ordinance. PARKS ORDINANCE 9 City of South Burlington Ordinance PROPOSED AMENDMENTS Adopted at South Burlington, Vermont this _______ day of _______________, 20152017, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _________________________________ Helen Riehle, Chair _________________________________ Meaghan Emery, Vice-Chair _________________________________ Tim Barritt, Clerk _________________________________ Thomas Chittenden _________________________________ Pat Nowak Received and recorded this ______ day of _____________________, 2017. _________________________________ Donna Kinville, City Clerk April 7, 2017 Kevin Dorn, City Manager City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Lime Kiln Bond HLP, 380 Lime Kiln Road Lime Kiln Allocated HLP, 382 Lime Kiln Road Anderson I HLP, Anderson Parkway Anderson II HLP, Anderson Parkway O’Dell Bond HLP, Farrell Street O’Dell Allocated HLP, Farrell Street Dear Mr. Dorn: As you discussed with Amy Demetrowitz, enclosed please find consents to the assignment of general partner and limited partner interests for the above-referenced limited partnerships. You had mentioned that you thought you could put this item on the May 1 City Council meeting. The limited partnerships were formed by Housing Vermont and Champlain Housing Trust in 2001 with the express purpose of developing, owning and maintaining affordable housing using the federal low income housing tax credit (LIHTC). The initial 15-year housing credit compliance period associated with the LIHTC has expired. It is customary for Housing Vermont, HV Nonprofit or any of its closed corporations that hold an interest in the Partnership to either assign its interest in the partnership to the local partner (in this case Champlain Housing Trust and its affiliate Lake Champlain Housing Ventures) or convey the property to the local partner at the expiration of the compliance period according to a Right of First Refusal. At this time, both partners wish to proceed with the proposed assignments. In order to assign interest, the consent of the City of Burlington is required per the VCDP loan agreements with each Partnership. These properties will continue to provide a valuable affordable housing resource in South Burlington under the stewardship of Champlain Housing Trust and the City loans will otherwise remain unchanged. If you have any questions or need further information, please do not hesitate to contact us. Also let me know if you would like me to attend the May 1 City Council meeting or if you will be able to put this on their consent agenda. Sincerely, Michael Monte Chief Operating and Finance Officer enclosures ANDERSON I HOUSING LIMITED PARTNERSHIP CONSENT TO ASSIGNMENT OF GENERAL PARTNER AND LIMITED PARTNER INTERESTS The undersigned, City of South Burlington hereby consents to: 1.the withdrawal of H.V. 2000, Inc. as a general partner of Anderson I Housing Limited Partnership (the “Partnership”) and the transfer of its interest to the co-general partner Lake Champlain Housing Ventures, Inc. of the Partnership. The undersigned further consents to the designation of Lake Champlain Housing Ventures, Inc. as the Partnership's Tax Matters and Finance General Partner; and 2.the withdrawal of H.V. Nonprofit, Inc. as the limited partner of the Partnership and the transfer of its interest to Champlain Housing Trust, Inc. DATED _____________, 201__. City of South Burlington By:_______________________________ Authorized signatory ANDERSON II HOUSING LIMITED PARTNERSHIP CONSENT TO ASSIGNMENT OF GENERAL PARTNER AND LIMITED PARTNER INTERESTS The undersigned, City of South Burlington hereby consents to: 1.the withdrawal of H.V. 2000, Inc. as a general partner of Anderson II Housing Limited Partnership (the “Partnership”) and the transfer of its interest to the co-general partner Lake Champlain Housing Ventures, Inc. of the Partnership. The undersigned further consents to the designation of Lake Champlain Housing Ventures, Inc. as the Partnership's Tax Matters and Finance General Partner; and 2.the withdrawal of H.V. Nonprofit, Inc. as the limited partner of the Partnership and the transfer of its interest to Champlain Housing Trust, Inc. DATED _____________, 201__. City of South Burlington By:_______________________________ Authorized signatory LIME KILN BOND HOUSING LIMITED PARTNERSHIP CONSENT TO ASSIGNMENT OF GENERAL PARTNER AND LIMITED PARTNER INTERESTS The undersigned, City of South Burlington hereby consents to: 1.the withdrawal of H.V. 2001, Inc. as a general partner of Lime Kiln Bond Housing Limited Partnership (the “Partnership”) and the transfer of its interest to the co-general partner Lake Champlain Housing Ventures, Inc. of the Partnership. The undersigned further consents to the designation of Lake Champlain Housing Ventures, Inc. as the Partnership's Tax Matters and Finance General Partner; and 2.the withdrawal of H.V. Nonprofit, Inc. as the limited partner of the Partnership and the transfer of its interest to Champlain Housing Trust, Inc. DATED _____________, 201__. City of South Burlington By:_______________________________ Authorized signatory LIME KILN ALLOCATED HOUSING LIMITED PARTNERSHIP CONSENT TO ASSIGNMENT OF GENERAL PARTNER AND LIMITED PARTNER INTERESTS The undersigned, City of South Burlington hereby consents to: 1.the withdrawal of H.V. 2001, Inc. as a general partner of Lime Kiln Allocated Housing Limited Partnership (the “Partnership”) and the transfer of its interest to the co-general partner Lake Champlain Housing Ventures, Inc. of the Partnership. The undersigned further consents to the designation of Lake Champlain Housing Ventures, Inc. as the Partnership's Tax Matters and Finance General Partner; and 2.the withdrawal of H.V. Nonprofit, Inc. as the limited partner of the Partnership and the transfer of its interest to Champlain Housing Trust, Inc. DATED _____________, 201__. City of South Burlington By:_______________________________ Authorized signatory O’DELL ALLOCATED HOUSING LIMITED PARTNERSHIP CONSENT TO ASSIGNMENT OF GENERAL PARTNER AND LIMITED PARTNER INTERESTS The undersigned, City of South Burlington hereby consents to: 1. the withdrawal of H.V. Marketplace Inc. as a general partner of O’Dell Allocated Housing Limited Partnership (the “Partnership”) and the transfer of its interest to the co- general partner Lake Champlain Housing Ventures, Inc. of the Partnership. The undersigned further consents to the designation of Lake Champlain Housing Ventures, Inc. as the Partnership's Tax Matters and Finance General Partner; and 2. the withdrawal of H.V. Marketplace Inc.as the limited partner of the Partnership and the transfer of its interest to Champlain Housing Trust, Inc. DATED _____________, 201__. City of South Burlington By:_______________________________ Authorized signatory O’DELL BOND HOUSING LIMITED PARTNERSHIP CONSENT TO ASSIGNMENT OF GENERAL PARTNER AND LIMITED PARTNER INTERESTS The undersigned, City of South Burlington hereby consents to: 1. the withdrawal of H.V. Marketplace Inc. as a general partner of O’Dell Bond Housing Limited Partnership (the “Partnership”) and the transfer of its interest to the co-general partner Lake Champlain Housing Ventures, Inc. of the Partnership. The undersigned further consents to the designation of Lake Champlain Housing Ventures, Inc. as the Partnership's Tax Matters and Finance General Partner; and 2. the withdrawal of H.V. Marketplace Inc.as the limited partner of the Partnership and the transfer of its interest to Champlain Housing Trust, Inc. DATED _____________, 201__. City of South Burlington By:_______________________________ Authorized signatory Page 1 of 3 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH BURLINGTON AND THE CITY OF BURLINGTON WHEREAS, South Burlington is home to the Burlington International Airport (“Airport”), an important contributor to the local, regional, and statewide economy; and, WHEREAS, in 1990, the Airport prepared its first Federal Aviation Administration (“FAA”) Part 150 Noise Study, and has periodically updated its component Noise Exposure Maps and Noise Compatibility Plans through present day; and, WHEREAS, the FAA’s Noise Exposure Maps include the modeling of weighted day- night average noise levels (“dnl”) for areas surrounding the airport effected by airport noise along with a display of 65+, 70+, and 75+ dnl contour lines; and, WHEREAS, through the FAA’s Noise Compatibility Plan’s home acquisition program, the Airport has acquired residential properties with FAA Airport Improvement Program (AIP) funds since the 1980s; and, WHEREAS, since the start of the FAA’s Noise Compatibility Plan’s voluntary home acquisition program, the City of Burlington has demolished approximately 150 affordable residential homes in the Chamberlin District of South Burlington; and, WHEREAS, updated Noise Exposure Maps were released in late 2015 reflective of then current operations at the Airport, identifying 961 homes within 65+ dnl contours that would be eligible for FAA AIP funds for home acquisition and demolition under the current Noise Compatibility Plan; and, WHEREAS, the 961 homes within the 65+ dnl contours represent a substantial share of “starter” homes and affordable housing in the region; and, WHEREAS, the administrations and legislative bodies in both South Burlington and the City of Burlington have expressed a strong and continued commitment to increasing the supply of affordable and moderately-priced homes in the region through development incentives and housing retention efforts; and, WHEREAS, South Burlington and the City of Burlington recognize the continued need and jointly advocate for affordable housing within the region; and, WHEREAS, the City of Burlington currently has exclusive control over AIP grant applications and participation with the FAA to apply for and accept AIP grants for future home buyouts of these 961 homes, the vast majority of which are located in South Burlington; and, WHEREAS, the City of Burlington has expressed a desire to end future home buyouts and adopt a new Noise Compatibility Plan that includes sound mitigating home insulation techniques in lieu of future home purchases and demolition; Page 2 of 3 NOW THEREFORE, South Burlington and the City of Burlington, for the commitments set forth herein, do hereby state their understanding and intentions to be as follows: 1. The City of South Burlington shall: a. Collaborate with the City of Burlington to come up with and implement an effective plan for airport noise mitigation for residents of South Burlington and neighboring communities. 2. The City of Burlington shall: a. Withhold from applying for or accepting any future grants for home demolition or removal in South Burlington pursuant to the FAA’s 14 CFR Part 150 Noise Compatibility Program. b. To the extent possible, adopt a new Noise Compatibility Plan that does not include the option for home purchase and demolition within the potentially eligible noise contours surrounding the Airport. c. Work in good faith with the City of South Burlington and any other potentially involved communities and organization(s), to come up with alternative noise mitigation solutions other than home demolition or removal in community and residential areas adjacent to the airport that may be effected by airport noise. 3. The City of Burlington and City of South Burlington agree that nothing in this MOU effects homeowners whom have already been identified as eligible for home buyout through an open AIP grant for home acquisition that is open as of the date stated directly above the signatures below. 4. The term of this MOU shall be a ten-year period beginning June 1, 2017, and ending May 31, 2027. 5. South Burlington and the City of Burlington agree that the City of Burlington shall have the right to terminate this MOU for cause. “Cause” shall mean any substantial change to airport operations such that home acquisition and demolition is the only effective means to mitigate known and identifiable health risks that are the direct result of the substantial change to airport operations. 6. The City of Burlington and City of South Burlington agree that each party shall indemnify, defend, save, and hold harmless the other party, its officers, councilors, agents, and employees from any and all liability, loss, damage, claims, causes of action, and expenses (including reasonable attorneys’ fees), caused or asserted to have been caused, directly or indirectly, in connection with the performance of this MOU, to the extent that such liability or damage is caused in whole or in part, by the indemnifying party’s negligence, misconduct, or breach of this MOU. The provisions of this section Page 3 of 3 shall survive termination of this MOU as to acts or omissions occurring prior to the effective date of termination. DATED this _____ day of __________ 2017. CITY OF SOUTH BURLINGTON ________________________________ Duly Authorized CITY OF BURLINGTON ________________________________ Duly Authorized