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Agenda - City Council - 07/05/2017
AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall Conference Room 575 Dorset Street SOUTH BURLINGTON, VERMONT Regular Session 6:30 P.M. Wednesday, July 5, 2017 1. Pledge of Allegiance (6:30 – 6:31 PM) 2. Instructions on evacuation procedures from building – Kevin Dorn (6:31 – 6:32 PM) 3. Possible executive session to discuss settlement of pending civil litigation to which the City of South Burlington is a party. (6:32 – 6:47 PM) 4. Agenda Review: Additions, deletions or changes in order of agenda items. (6:47 – 6:50 PM) 5. Comments and questions from the public not related to the agenda. (6:50 – 6:55 PM) 6. Announcements and City Manager’s Report. (6:55 – 7:05 PM) 7. Consent Agenda: (7:05 – 7:07 PM) A. *** Sign Disbursement B. *** Approve Minutes May 1st & 15th and June 5th & June 19th C. *** Approve All Hazards Mitigation Plan D. *** Approve grant application for Iby Street Gravel Wetland Stormwater project E. ***Approve resolution approving and authorizing execution of documents related to City Center TIF District Infrastructure and Capital Improvement Bond Issuance Closing. 8. Reports from Councilors from activities of committees to which they are assigned (7:07 – 7:17 PM) 9. ***Overview, discussion and possible action on disposition of city’s leased land interest on 61 Procter Ave. Andrew Bolduc (7:17 – 7:27 PM) 10. Consider and set FY 2018 Property Tax Rates and Tax Due Dates. (7:27 – 7:37 PM) 11. *** Presentation of 2017 VTrans Pedestrian/Bicycle Grant Application and Potential Approval of Letter in Support Ilona Blanchard (7:37 – 752 PM) 12. Other Business: (7:52 – 7:57 PM) A. Items held from the Consent Agenda 13. Adjourn (7:57 PM) Respectfully Submitted: Kevin Dorn Kevin Dorn, City Manager *** Attachments Included Issues raised by Councilors or the public that have not been on a prior meeting agenda: 1. Policy regarding landscaping City-owned land and request from Hadley Road. 2. Cost of development/cost of open space. 3. Airport noise survey. 4. Evaluate water billing and rate structure. 5. Citizen participation in democratic process. 6. Adoption of a building code. 7. Winter parking ban Issues that have been discussed by the Council where further action is pending: 1. East Terrace Neighborhood Forum and conversion of housing into rental units. 2. Street light policy. 3. Crosswalk issues generally and on Kennedy Drive and Williston Road. 4. Committee reorganization. 5. Encouraging litter removal by businesses and the public. 6. Wastewater plant capacity and allocation. 7. Sanctuary City designation South Burlington City Council Meeting Participation Guidelines City Council meetings are the only time we have to discuss and decide on City matters. We want to be as open and informal as possible; but Council meetings are not town meetings. In an effort to conduct orderly and efficient meetings, we kindly request your cooperation and compliance with the following guidelines. 1. Please be respectful of each other (Council members, staff, and the public). 2. Please raise your hand to be recognized by the Chair. Once recognized please state your name and address. 3. Please address the Chair and not other members of the public, staff, or presenters. 4. Please abide by any time limits that have been set. Time limits will be used to insure everyone is heard and there is sufficient time for the Council to conduct all the business on the agenda. 5. The Chair will make a reasonable effort to allow everyone to speak once before speakers address the Council a second time. 6. The Chair may ask that discussion be limited to the Councilors once the public input has been heard. 7. Please do not interrupt when others are speaking. 8. Please do not repeat the points made by others, except to briefly say whether you agree or disagree with others views. 9. Please use the outside hallway for side conversations. It is difficult to hear speaker remarks when there are other conversations occurring. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. South Burlington Water Dept. Accounts Payable Check Register Date: 07/06/17 Date Check No. Paid To Memo Amount Paid 7/6/2017 3215 South Burlington Ace 2.99 Date Voucher Number Reference Voucher Total Amount Paid 6/8/2017 VI-14298 800445/3 2.99 2.99 7/6/2017 3216 E.J. Prescott, Inc. 154.95 Date Voucher Number Reference Voucher Total Amount Paid 6/15/2017 VI-14301 5247799 63.66 63.66 6/15/2017 VI-14302 5248167 91.29 91.29 7/6/2017 3217 Fastenal Company 34.81 Date Voucher Number Reference Voucher Total Amount Paid 6/6/2017 VI-14296 VTBUR231810 34.81 34.81 7/6/2017 3218 SoVerNet, Inc. 40.37 Date Voucher Number Reference Voucher Total Amount Paid 6/15/2017 VI-14300 3772414 40.37 40.37 7/6/2017 3219 Ti-Sales Inc. 8,948.42 Date Voucher Number Reference Voucher Total Amount Paid 6/6/2017 VI-14297 INV0079005 238.58 238.58 6/23/2017 VI-14299 INV0079815 2,626.80 2,626.80 6/26/2017 VI-14303 INV0079903 2,250.00 2,250.00 6/23/2017 VI-14304 INV0079820 3,833.04 3,833.04 Total Amount Paid: 9,181.54 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: June 29, 2017 Page 1 of 1 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. CITY COUNCIL 1 MAY 2017 PAGE 2 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. CITY COUNCIL 1 MAY 2017 PAGE 3 5. Consent Agenda: a. Sign Disbursement b. Approve Minutes for 2 February 2016 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 CITY COUNCIL 1 MAY 2017 PAGE 4 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: CITY COUNCIL 1 MAY 2017 PAGE 5 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. CITY COUNCIL 1 MAY 2017 PAGE 6 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 CITY COUNCIL 1 MAY 2017 PAGE 7 c. LIME KILNBOND 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. CITY COUNCIL 1 MAY 2017 PAGE 8 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. CITY COUNCIL 1 MAY 2017 PAGE 9 Mr. Chittenden moved to reconvene as City Council. Ms. Emery seconded. Motion passed unanimously. 14. 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. ________________________________ Clerk CITY COUNCIL 15 MAY 2017 The South Burlington City Council held a regular meeting on Monday, 15 May 2017, at 6:30 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; J. Rabidoux, Public Works Director; I Blanchard, Project Manager; C. Holm; J. Louisos, Planning Commission; S. Reeves, CSWD; P. Stabler, J. Kernan, B. Wilson, C. Frank, B. Nowak 1. Directions on emergency evacuation procedures from conference room: Mr. Dorn provided directions on emergency evacuation. 2. Agenda Review: Additions, deletions or changes in order of agenda items: Mr. Dorn asked to add to item “d” on the Consent Agenda the words “..to Griffin & Griffin.” 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 meetings and events that they had attended. Mr. Dorn: Thanked Council members for attending the ribbon cutting at City Hall. He noted that they are looking at adding windows to upstairs conference rooms. Last week, a meeting was held with agencies to discuss stormwater/wetland issues in City Center. Staff was successful in communicating broader issues. The Affordable Housing Committee is completing it housing replacement plan. The South Burlington Business Association will meet tomorrow. Mr. Dorn and Mr. Hubbard will be meeting with the new Executive Director of Green Mountain Transit. Mr. Wilson noted there will be youth serving on the GMT Board. There will be a Steering Committee meeting on 24 May at 6:30 p.m. at City Hall. The following night, there will be a joint meeting of committee chairs and City Council members to discuss priorities. Dinner will be at 6 p.m. with the meeting following at 7 p.m. CITY COUNCIL 15 MAY 2017 PAGE 2 5. Consent Agenda: a. Sign Disbursement b. Approve Minutes for 17 April 2017 c. Approve award of the Oak Creek Village culvert replacement project to Dale E. Percy d. Approve award of construction contract for Bartlett Brook Central Stormwater project to Griffin & Griffin e. Approve Memorandum of Understanding regarding the merger of the Regional Stormwater Education Program and Chittenden County Stream Team and authorize the City Manager to sign all pertinent documents Ms. Emery asked why concrete is so much cheaper from one contract to another. Mr. Rabidoux said it is very hard to determine what goes into a contractor’s bid (e.g., access to lower cost materials, a desire to get known in the area, etc.). Ms. Nowak asked if there are warranties when a project is done. Mr. Rabidoux said there is a one year warranty. Ms. Emery moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Motion passed unanimously. 6. Updates from Councilors’ Committee Assignments: a. Mr. Chittenden noted that CCTA will be meeting tomorrow. He also advised that Bridj is no longer in business. CCTA ridership continues to drop, which is a concern. Mr. Chittenden stressed the importance of “voices” at the next transit study meeting as it is important to rethink how public transit is being provided. Ms. Emery asked if there is access to S. Burlington ridership. Mr. Chittenden will get that information. He did note that ADA ridership in South Burlington is going up. Ms. Nowak cited the importance of provided transit for students from Barre-Montpelier, Johnson, and Rutland now that Bridge is no longer provided that service. Ms. Emery noted a business owner in Burlington who would like to have Middlebury students work for him, but they don’t have transportation. CITY COUNCIL 15 MAY 2017 PAGE 3 Mr. Barritt expressed concern with the number of one-person cars during the AM peak. He cited the need for small buses. b. Ms. Riehle said the Channel 17 budget looks good. There is also now language to clarify who owns the rights to recordings. If something has been on film, it can be used politically. c. Ms. Nowak noted an upcoming Airport Commission meeting. 7. Consider and possible approve a resolution for the application for bonded debt with the Municipal bond Bank for up to $5,000,000 for the (TIF) financing authorized by voters in November of 2016 for the reconstruction of Market Street, City Center Park (Dumont Parcel), and related costs: Ms. Blanchard said the resolution would authorize application to the Bond Bank for a 20-year bond. The estimated rate is 3.5%. The exact rate will be known at time of application. Ms. Emery moved to approve the resolution for application for bonded debt with the Municipal Bond Bank for up to $5,000,000 for the financing authorized by voters in November, 2016, for reconstruction of Market Street, City Center Park, and related costs. Ms. Nowak seconded. Motion passed unanimously. 8. Update & Preview of New City Web Site: Ms. Nowak thanked Ms. Holm for all the design work at City Hall. Ms. Holm stressed that the Web Site is still a work in progress. She explained the elements of the site including a page for every department, information for residents, economic development information, and the most common things people want to know (e.g., regulations, dog and cat licenses, etc.). Ms. Holm then showed the “WELCOME” page and various other slides. There will be “quick links” to such things as on-line payment, agendas/minutes, latest news, meetings/calendars, etc. There will also be a City News section to include such things as road construction sites. Ms. Nowak suggested a link to the State website for tax information, etc. Ms. Hold agreed. CITY COUNCIL 15 MAY 2017 PAGE 4 Ms. Riehle suggested a link to “outside” news that has links to South Burlington. Ms. Holm said she would look into that. Ms. Emery raised the issue of long URLs. Ms. Holm said she has asked for those to be shortened, but it depends on how that information is stored. Ms. Holm then showed a “hot topics” area which could contain information on what’s happening in City Center, new land development, etc. She also showed a City Council page and asked members to provide bios for that page. Mr. Chittenden suggested a central access point that can be routed to where a person needs to be. Ms. Holm said they are working on that now. Ms. Holm noted that the domain will change, and they will have a “.gov” ID. Members suggested a feedback option. 9. Insurance request and pre-payment for the Chill-Out Center: Mr. Wilson reviewed the history and work done to address the needs of youth in the community. They have been a part of the South Burlington Community since 2001, hosting dances and social events, and participating in National Night Out. He cited the opiate crisis and stressed that their goal is to help youth make better choices and meet their goals. The group has won over 50 awards for their work. Mr. Wilson noted their original request was for $6800. Ms. Riehle noted they were awarded $1300 which will be in the FY 2018 budget. Mr. Wilson said they are asking to receive that budgeted amount up front along with an additional $700 to cover insurance costs which will enable them to open the Chill-Out Center at UMall. Mr. Chittenden stressed that the School Board needs to be a part of this conversation. Ms. Nowak also cited the potential for private donors. She stressed that South Burlington can’t always be the only source of funding as there are many other obligations the city has to consider. She agreed to provide Mr. Wilson with a list of potential private donors. CITY COUNCIL 15 MAY 2017 PAGE 5 Mr. Chittenden expressed similar concerns with “off-budget” requests. Mr. Barritt asked if there is $700 available in the FY17 budget. Mr. Dorn said they would look through the accounts for “underspent” funds and redirect it if the Council approves that action. Mr. Barritt then moved to find $700 in the current budget for the Chill Out Center. Ms. Emery seconded. Motion passed unanimously. Mr. Barritt then moved to pre-pay $1300 from the FY18 budget to the Chill Out Center at this time. Ms. Emery seconded. Motion passed unanimously. Mr. Wilson said they have a plan to be self-sustaining. Ms. Riehle asked for a list of their Board of Directors. 10. CSWD Budget Report: Mr. Stabler introduced Sarah Reeves, the new CSWD General Manager. Ms. Reeves said the financial outlook is strong. She was pleased to report that there will be no increase to the Solid Waste Management fee and no member assessment. Operating revenue is $11,282,932, and expenditures are $10,515,152. The budget represents a 9% increase over last year (health care a major factor in this increase). The budget includes new staffing. CSWD is currently looking at drop-off needs/center. There will be increased fees at Green Mountain Composting. The fee for food scraps will be $1.50 a bucket. Mr. Barritt felt that doing away with the bottle bill is important. Ms. Nowak cited the importance of making the public aware that mandatory composting is effective on 1 July. She also questioned how long CSWD can finance budgets by taking money from reserve funds. Ms. Reeves said they are drawing only from one of two reserve funds. Mr. Stabler added this is not the Capital Reserve Fund. CITY COUNCIL 15 MAY 2017 PAGE 6 Mr. Chittenden was concerned with the cost of composting requirements to city residents. He has heard this could cost up to $30 a month. Ms. Reeves said the only mandate is to keep food out of the landfill. People can do their own composting, drop it off themselves, or utilize a hauler. She wasn’t surprised at the $30 fee from haulers and felt it could be even more. Mr. Chittenden asked the impact on costs if the city had a consolidated trash service. Ms. Reeves said this is usually done by competitive bid, and a municipality can award to one or more haulers. She added that when this was done in Rhode Island, the cost was always less to consumers. CSWD has a guide for communities and would be happy to assist in that process. Mr. Chittenden asked if multiple communities could do this together. Ms. Reeves said that makes sense. The Council thanked Mr. Stabler for representing the city at CSWD for 25 years. 11. Review and possibly approve 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 MOU now includes the amendment asked for by the Council at the last meeting. Mr. Leas asked the Council to delay action as he was concerned with some of the provisions, specifically #6 and #4. Mr. Dorn said he reads those provisions the opposite way from Mr. Leas and added that the MOU was written by the City Attorney. Ms. Emery said she wants to be clear this doesn’t stop people from taking steps to protect their assets. Mr. Dorn said he would have the City Attorney look at this again. Ms. Nowak asked that the City Attorney be asked if Section 5 covers the city. 12. Acknowledge receipt from the Planning Commission of draft amendments to the Land Development Regulations and Official Map and Accompanying Reports to each: and CITY COUNCIL 15 MAY 2017 PAGE 7 13. Consider warning public hearing on draft amendments to the Land Development Regulations: (a) End-of-trip bicycle & pedestrian facilities; (b) Planned Rights of Way – Williston Road and Market Street; (c) Affordable housing in SEQ NRN and reference corrections; (d) Street connection & cul-de-sac standard clarifications; (e) Clarification of uses permitted in the Municipal, Parks & Recreation R7 Neighborhood Commercial, and Institutional-Agricultural districts; (f) Allowance for front porches in the R4 District; (g) Administration & Enforcement –streamline Planning Commission, Development Review Board, and Advisory Committee authorization, powers & duties and membership to refer to State Law; (h) Agricultural Use Amendments not related to Agricultural Enterprise; (i) Street connections in T3-Barrett Street to San Remo Drive; (j) Technical corrections: and 14. Consider warning public hearing on draft amendments to the Official City Map; (a) Addition of a planned right-of-way along Market Street; (b) addition of a planned street extending north from Barrett Street; (c) Change from planned street to planned recreation path between San Remo Drive and Barrett Street: Ms. Riehle said that at this meeting the Council will only be receiving the amendments and setting a public hearing date. Mr. Conner said the amendments fall into 3 “buckets”: tidying up, small policy pieces (e.g., allowance for front porches), and end-of-trip bike/ped facilities. The amendment to the Official Map involves a connection at Barrett Street which will become a rec path connection instead of a full road. Ms. Riehle asked for an explanation of the “butchering” amendment. Ms. Louisos said a food hub could be located on any type of property. Food would not be processed at a food hub. However, if a food hub is located on someone’s farm, there could still be food processing but not in the food hub area. Mr. Conner noted a few small changes made by the City Attorney. CITY COUNCIL 15 MAY 2017 PAGE 8 Ms. Emery moved to set a public hearing for 19 June, 7 p.m. for amendments to the Land Development Regulations and Official Map with the minor changes noted this evening. Mr. Barritt seconded. Motion passed unanimously. 15. Continued discussion/approval of City Council priorities for coming year: Ms. Nowak asked to have additional time to review the information provided. Ms. Riehle suggested approving the plan on 19 June. 16. Update on status of South Burlington Dog Park(s): Mr. Dorn noted the lease with the Airport has expired and a new agreement could not be reached, so the city will have to leave the area by 1 July. There have also been complaints from dog owners about the noise at that location. The city is now proposing 2 new smaller dog parks, one at J C Park and one at Farrell Park. There are ideas for other sites as well. Slides were shown of the 2 new sites. The old fence will be taken down and there should be enough fencing for the 2 new sites. Ms. Nowak suggested a requirement that dogs using the park be registered. 17. April Financials: Mr. Dorn noted they are 83% through the fiscal year. He also noted that building permits and inspection fees are not meeting the projections. Ms. Nowak asked if other communities could use South Burlington’s inspection people. Mr. Dorn said there would have to be an MOU with the state and a backup MOU with someone. Ms. Riehle thought that was a great idea. Mr. Dorn said the projection is that the city will end up in the black. CITY COUNCIL 15 MAY 2017 PAGE 9 18. Liquor Control Board: a. Pizza Putt – first class license b. 802 Cocktails – first class license Ms. Nowak moved that the Council convene as Liquor Control Board. Mr. Barritt seconded. Motion passed unanimously. Mr. Barritt moved to approve the two first class license applications as presented. Ms. Nowak seconded. Motion passed unanimously. Ms. Nowak moved that the Board reconvene as City Council. Ms. Emery seconded. Motion passed unanimously. 19. Other Business: Ms. Nowak reminded members of the proposed lunch for Public Works personnel. Ms. Riehle offered to help with the effort. There were no other issues raised. As there was no further business to come before the Council, Ms. Emery moved to adjourn. Mr. Chittenden seconded. Motion passed unanimously. The meeting was adjourned at 10:00 p.m. ________________________________ Clerk CITY COUNCIL 5 JUNE 2017 The South Burlington City Council held a regular meeting on Monday, 5 June 2017, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: H. Riehle, Chair; P. Nowak, T. Chittenden, T. Barritt, M. Emery (by phone for the first part of the meeting ALSO PRESENT: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; D. Kimball, City Clerk; J. Rabidoux, Public Works Director; P. Conner, Director of Planning & Zoning; R. Greco, B. Servis, L. Kupferman, M. Lesage, B. Nowak 1. Directions on emergency evacuation procedures from conference room: Mr. Dorn provided directions on emergency evacuations procedures. 2. Agenda Review: Additions, deletions or changes in order of agenda items: No changes were made to the Agenda. 3. Comments & Questions from the public not related to the agenda: Ms. Greco asked the Council to discuss and consider actions addressing climate change. She noted that she had attended a demonstration on Friday where Jennifer Green spoke about Burlington’s effort to become a net zero city. Ms. Greco felt South Burlington should look at what Burlington is doing and perhaps take action. She also noted that Burlington Mayor Weinberger is one of 150 mayors signing a pledge to do their part. Ms. Riehle suggested this would be a good discussion for the Energy Committee when they are finished with the Georgetown Prize effort. She noted that the Council will be considering a Resolution at this meeting for use of the money from the solar operation at the landfill for investments in energy efficiency. Mr. Barritt noted that the city has adopted the Stretch Energy Code for all new construction. 4. Announcements and City Manager’s Report: Members of the Council reported on events and meetings they had attended. Mr. Dorn: Attended a “Circle of Remembrance” for Bill Wessel at Wake Robin. Mr. Dorn cited Mr. Wessel’s many years of service to the City of South Burlington. Final stages to prepare for a Master Plan for the Underwood property will be completed in the next few weeks. CITY COUNCIL 5 JUNE 2017 PAGE 2 The top of the UMall garage will be the site of special fun events this summer. They are looking for a “catchy” name for the roof top. Bikes and Bites and City Fest will be occurring this summer as well. Nordic Soccer will be having a huge dinner event in the UMall parking lot on 16 June. Staff evaluations are beginning next week. The Public Works team has won some prestigious awards. Mr. Dorn suggested putting these on the 19 June agenda. Shortly after school ends, work will begin on the Market Street culvert. Mr. Dorn suggested a “ground breaking” ceremony. Ms. Nowak provided 3 dates to remember: 13 June – Sound Mitigation meeting, 5-7 p.m. 14 June – An Airport open house on the noise compatibility program (letters will be going to homeowners in the Chamberlin District. 22 June – the City Council “thank you” lunch for the Public Works Department. Council members should arrive at 11:40 for a 12 Noon lunch. 5. Consent Agenda: a. Sign Disbursement b. Approve Minutes for 1 May 2017 c. Resolution Authorizing City Manager to enter into Easement Deed and Agreement between 89-2 Realty Company, LLC, Burlington Interstate Center, LLC, and Cupola Golf Course, Inc., and the City of South Burlington re: relocation and replacement of existing municipal water main Ms. Emery asked for the minutes of 1 May to be removed from the Consent Agenda as her comments had not been addressed. CITY COUNCIL 5 JUNE 2017 PAGE 3 Mr. Chittenden moved to approve items A and C of the Consent Agenda as presented. Mr. Barritt seconded. Motion passed unanimously. 6. Reports from Councilors on Committee assignments: Mr. Chittenden: Green Mountain Transit has a new volunteer policy for administrative professionals which involves one day of volunteering per quarter. He suggested the city might like to think about something like that. 7. Discuss Rescheduling of 1 July City Council meeting: Members agreed to hold a short meeting on 5 July, 6:30 p.m. 8. Present Warrant of Unlicensed Dogs and Cats to City Council: Ms. Kimball said that per State statute she is presenting a list of unlicensed dogs and cats. The numbers are down from last year, and the City Clerk’s office is doing what it can to get those numbers down. The current list totals 224 animals. Ms. Riehle noted there is no penalty for non-licensing and also noted that licensing is a health issue. Ms. Nowak felt it would not be out of line to require licensing in order for dogs to be allowed in the City’s dog parks. Ms. Riehle suggested that animal registration money could be used to provide additional dog park sites. Ms. Kimball added that there is on the city’s website an “anonymous reporting” option of unlicensed dogs and cats. She explained the process for contacting those who have been reported. 9. Hear a Recommendation from Housing Trust Fund Committee regarding supplemental request for funding from Cathedral Square and possibly approve request: Mr. Kupferman recommended approval of the request for funds. He noted that the number of units in the proposed housing project has increased by 4. The request is being made because of a “gap” of $25,000 in other funding. There is a balance of $25,000 in the fund at this time. At the beginning of the new fiscal year (1 July), $50,000 will be added to the fund for FY18. Mr. Chittenden said he respected the process involved in this request and felt it could be extended to other Social Services requests. CITY COUNCIL 5 JUNE 2017 PAGE 4 Ms. Lesage said they are also going to other foundations for financing. They have received tax credits of $625,000. Mr. Barritt asked what auditing is in place to be sure contractors are “in line.” Ms. Lesage said they constantly go through evaluations processes to be sure they are getting the best value. She noted this will be a “turn-key” project, which has been shown to save on costs. She also said they are heavily regulated. Mr. Barritt asked if it is possibly for community members to invest in these kinds of projects. Ms. Lesage said that would be unusual. Big companies do invest and get tax credits. Mr. Kupferman noted that the Vermont Community Land Fund does allow individuals to invest, and there is a state tax benefit. CHT does take donations. Ms. Greco asked about renewable energy, citing the project in Milton. Ms. Lesage said the Milton project is unique as the first multi-house passive house project. The South Burlington building won’t be the same as they are waiting to see how Milton “performs.” The South Burlington project will have the highest standard that Efficiency Vermont has. Solar panels will be added if there are adequate funds. Ms. Riehle noted that one of the challenges in South Burlington is the cost of land. Land in Milton is much cheaper. Ms. Lesage said they do as many “renewables” as they can. She added that the Milton project is already fully leased with an enormous waiting list. Mr. Chittenden moved to approve the request from Cathedral Square for $25,000 from the Housing Trust Fund as presented. Ms. Nowak seconded. Motion passed unanimously. 10. Update: Dog Parks: Mr. Dorn advised that thanks to great work by Tom Hubbard and Public Works, fencing and infrastructure at the Airport dog park should be down by tomorrow. It will be installed at the 2 new sites: JC Park and Farrell Park beginning next week. Both sites should be open within a few weeks. A third site might be identified at some time in the future. There will be appropriate events at the openings of the 2 new dog parks. CITY COUNCIL 5 JUNE 2017 PAGE 5 11. Discussion: City Committees – Structure and Volunteers, Consider and Possibly Approve Appointment to Green Mountain Transit Board of Directors: Mr. Dorn said committee appointments will be advertised. Mr. Chittenden noted that his 2-year appointment to Green Mountain Transit Board is up. He is willing and interested in continuing, if that is the Council’s pleasure. Ms. Nowak said she has the same feeling about her appointment to the Airport Commission. Ms. Riehle said she has been considering whether to have Council members on other committees. She cited time conflicts for Council members who work. There is also the question of whether to “engage” other community members. She said she appreciates the value and knowledge of issues when a Council member is at a committee meeting. This also applies to previous Council members (e.g., Chris Shaw). Ms. Nowak also cited the learning curve involved in an appointment and the time it takes to get up to speed. Ms. Emery felt it can also create conflict when there are Council members. She appreciated having “third party” reporting to the Council and felt that was a better “working dynamic.” She favored engaging more community members. Mr. Barritt said he had no problem with City Council members continuing on committees. He suggested “roving” City Council members could attend some meetings as well. Ms. Emery said she was not comfortable with that and felt it was detrimental to the workings of the City Council. She felt if expectations are made clear to a non-Council person regarding reporting it would eliminate potential conflict. She felt it was a mistake to put Council members in those positions and that it was not good for the City or the boards that are served. Ms. Riehle said she heard there was a move to remove a South Burlington representative from the Airport Commission. Ms. Nowak said she had heard of no such movement. It would involve a Charter Change for the City of Burlington. CITY COUNCIL 5 JUNE 2017 PAGE 6 Mr. Chittenden said he felt that with regard to the Airport Commission, the issue is really the broader governance issue. Mr. Dorn noted there is a conflict in the Burlington City Charter: in one place it says South Burlington appoints a representative; in another place it says the Burlington Mayor and Burlington City Council appoint the South Burlington representative. Ms. Nowak said many things happen at the Airport Commission beyond the home-buying issue, things such as safety issues, Heritage Aviation, etc. Ms. Emery felt the Airport Commission representative should be a “non-political” citizen. Ms. Nowak said she has never spoken against any city policy at the Airport Commission, even if she did not personally agree with that policy. She also noted she has the support of all Airport Commissioners to continue. Ms. Riehle said that at one time she felt Ms. Nowak wasn’t “hearing” what the City Council was saying, but she now feels Ms. Nowak gained a better understanding of the role the rest of the Council wanted her to play. She said her concerns have been alleviated. Ms. Nowak stressed that she always presents the city’s position whether she agrees with it or not. Mr. Dorn noted that Ms. Nowak’s term is 3 years, and to date she has served only 2 of those years, so her appointment term is not up. Ms. Riehle said the question now is whether the Council is comfortable with Mr. Chittenden continuing on the GMT Board. They need a decision. Ms. Nowak moved to appoint Mr. Chittenden to continue as representative to the Green Mountain Transit board. Ms. Emery seconded. Motion passed unanimously. Ms. Riehle noted that the Council had talked about revising applications for other committee appointments. Mr. Chittenden said Cathy LaRose suggested asking candidates if they ever have attended meetings. She had also noted that most “no shows” are people who have been appointed to the second choice of committees. CITY COUNCIL 5 JUNE 2017 PAGE 7 Mr. Barritt suggested asking people considering reappointment “how many meetings have you attended?” Ms. Nowak noted that the Board of Civil Authority (BCA) had discussed the “ideal person to serve.” They would like at least one person who understands real estate and one person who can read financial statements. She suggested the possibility of something like job descriptions (skill sets) for various committees. Ms. Riehle felt it would be good to do that work before advertising the openings. Mr. Dorn said staff will work up a new application form and ask committees what they are looking for. 12. Consider and Possible approve Resolution to create a Reserve Fund for Infrastructure Upgrades and Efficiencies: Mr. Hubbard said this is a follow-up to the 1 May discussion. It would take revenues from the solar array at the landfill to use for infrastructure upgrades. Ms. Riehle felt it was a great idea. Her only questions were whether it would make sense to have a cap per year and whether the citizens would benefit. Mr. Hubbard said the idea is that the fund carries on year to year. Its application to the CIP is where it helps the taxpayers. Mr. Dorn noted that the replacement of lights on the Lime Kiln Bridge resulted in a $3000 per year savings to taxpayers. Ms. Riehle said it would be good to articulate that for the public. Ms. Emery moved to approve the Resolution to create a Reserve Fund for Infrastructure Upgrades and Efficiencies as presented. Mr. Barritt seconded. Motion passed unanimously. 13. Finalize Council Annual Work Plan: Ms. Riehle directed attention to the new format sheet. Mr. Dorn noted the addition of things suggested by the Council. He invited members to keep/reject things at their pleasure. Ms. Nowak suggested the former City Attorney might do more ordinance work so Mr. Bolduc is not overburdened. Mr. Dorn noted that Mr. Barlow continues to work with Mr. Bolduc, and he could be asked to support the new ordinance projects. There are resources for that. CITY COUNCIL 5 JUNE 2017 PAGE 8 Mr. Barritt suggested that instead of “poorly maintained” properties, it should read “abandoned” properties. Ms. Nowak said it would have to be very specific and cited the possibility of waiting for estate settlements that could leave properties seemingly abandoned. Mr. Barritt felt there should be additional payments for keeping a property unoccupied. Ms. Nowak said she is also concerned with poorly maintained properties. Ms. Riehle suggested doing both. Members were OK with doing both. Mr. Dorn cited the “quagmire” of deal with building codes. Mr. Barritt said the city has nothing by fire inspections and there needs to be assurance that consumers get what they are paying for. Ms. Nowak noted that Terry Francis said single family homes have no required electrical inspection and don’t have to meet any codes. Mr. Barritt said he is more concerned with new construction. There is nothing to guarantee that state codes are met. He suggested the Energy Committee might look at building codes. Ms. Nowak said she was not opposed to adopting the plan as presented, with the understanding that it might take more than a year to work though. She felt the Council should really focus on the financial piece. She also would like to know in general terms how the staff is evaluated (not the results). Mr. Dorn noted that some things on the plan are “project/task based” and some are “reporting based.” The task things can be put on the calendar, and the reports can be “rolled in.” Mr. Chittenden said he would like to have discussion on the regionalization of the airport. Ms. Riehle said no time has yet been set for a meeting with the Governor. He did make a commitment to have the discussion. Ms. Emery noted that in other places there are “small business grants” which she would like to explore as a means of getting businesses to come to South Burlington. Ms. Nowak said she wasn’t sure City Center is the place for that…she suggested San Remo Drive as a possibility for “incubator” space as there are opportunities to retrofit some buildings. CITY COUNCIL 5 JUNE 2017 PAGE 9 Members discussed the possibility of inviting appropriate people in for such a discussion. Mr. Barritt cited the problems with the long permitting process. Ms. Nowak said that in some cases, one person goes through the process and gets the property, approvals, etc. Mr. Dorn said nothing is as easy as it sounds. He cited the anemic state of the current economy. He felt that attracting a large business to Vermont is a “non-starter.” Ms. Nowak stressed that people have to be assured of making money. Mr. Chittenden said South Burlington is not an island, and the city needs to bring in external perspectives for the region at large. Mr. Dorn asked the Council to give him till the end of summer to come up with something. Ms. Emery moved to adopt the City Council Work Plan as presented and discussed. Mr. Chittenden seconded. Motion passed unanimously. 14. Other Business: A. Items Held from Consent Agenda Members agreed to defer on the 1 May minutes until the process is complete. 15. Liquor Control Board: Ms. Nowak moved the Council reconvene as Liquor Control Board. Mr. Chittenden seconded. Motion passed unanimously. Members considered requests for outdoor consumption permits from the Sheraton and Lake View Bar & Grill. Ms. Nowak moved to approve the outdoor consumption permits for the Sheraton and Lake View Bar & Grill as presented. Ms. Emery seconded. Motion passed unanimously. Ms. Nowak moved to reconvene as City Council. Mr. Chittenden seconded. Motion passed unanimously. As there was no further business to come before the Council, Ms. Emery moved to adjourn. Ms. Nowak seconded. Motion passed unanimously. The meeting was adjourned at 10:13 p.m. _______________________________, Clerk CITY COUNCIL 19 JUNE 2017 The South Burlington City Council held a regular meeting on Monday, 19 June 2017, at 6:30 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; T. Hubbard, Deputy City Manager; A. Bolduc, City Attorney; P. Conner, Director of Planning & Zoning; J. Rabidoux, Public Works Director; B. Fisher, Stormwater Superintendent; J. Louisos, Planning Commission; J. Kernan, B. Servis, R. Neuer, D. Leban, T. McKenzie, M. Dabroski 1. Directions on emergency evacuation procedures from conference room: Mr. Dorn provided directions on emergency evacuation procedures. 2. Agenda Review: Additions, deletions or changes in order of agenda items: Members agreed to add a discussion under “other business” regarding health & safety of first responders in light of recent news items about harmful drugs. Members also agreed to add under “other business” the possibility of asking the Energy Committee to do some specific work regarding climate change. 3. Comments & Questions from the public not related to the agenda: No issues were raised. 4. Announcements and City Manager’s Report: Council members reported on meetings and events they had attended in recent weeks. Mr. Dorn: Will be meeting with Gene Richards and Nick Longo at the Airport tomorrow. Staff reviews will be completed this week. Attended the Mental Health Conference at UVM which encouraged getting community leadership involved as a source for change. Along with other staff, attended an outstanding presentation on property taxes. Mr. Dorn suggested that the council see the tape of this presentation. CITY COUNCIL 19 JUNE 2017 PAGE 2 5. Staff Awards Recognition: Mr. Dorn enumerated awards received by the Public Works/Stormwater Department for their commitment to water quality. Stormwater Superintendent Bob Fisher was individually recognized as “Operator of the Year.” Mr. Rabidoux noted that one of the two new dog parks (Farrell Park) will be on line by Wednesday. There is ample parking. The second park (JC Park) will be opening soon. Mr. Dorn commended Mr. Rabidoux and his team for getting all the posts, etc., from the old park. Mr. Rabidoux also noted that work on the Market Street culvert will begin right after the 4th of July. 6. Consent Agenda: a. Sign Disbursement b. Hadley Road Stormwater Grant Mr. Barritt questioned why there is an upgrade at the Correction Center. Mr. Rabidoux said they feel there would have to be an upgrade in the next few years and decided to do it all at once. He said it is a very involved project. Ms. Emery moved to approve the Consent Agenda as presented. Ms. Nowak seconded. Motion passed unanimously. 7. Public Hearing on Amendments to the South Burlington Land Development Regulations and the South Burlington Official Map: Mr. Chittenden moved to open the public hearing. Ms. Emery seconded. Motion passed unanimously. Ms. Leban noted that the Bike/Ped Committee supports the “end of trip” facilities amendment. A question of liability arose should someone fall in a shower or be injured after hours. Mr. McKenzie said there shouldn’t be a concern unless the facility is in a public space such as a lobby. CITY COUNCIL 19 JUNE 2017 PAGE 3 Mr. McKenzie asked if there could be a more “artistic” style of bike rack. Mr. Conner said there can be as long as it meets the basics. Ms. Riehle noted a typo on p.14, #17a, end of line #1. The word “of” should read “or.” Discussion arose as to whether DRB members should have to be city residents as Planning Commission members must be. Council members favored making this requirement universal for all committees. Mr. Conner said this can be put in the next round of amendments. Ms. Emery moved to close the public hearing. Mr. Barritt seconded. Motion passed unanimously. 8. Council review, discussion and possible adoption of amendments to the South Burlington Land Development Regulations and the South Burlington Official Map: Ms. Emery moved to adopt the amendments to the South Burlington Land Development Regulations and the South Burlington Official Map with the typographical correction noted. Mr. Barritt seconded. Motion passed unanimously. Ms. Louisos thanked the Bike/Ped Committee for its input and for their presence at this meeting. 9. Presentation on 2017 Mozart Festival: Mr. Dabroski, a South Burlington resident, indicated that he is now heading the 2017 Mozart Festival and is trying to grow a partnership with the City of South Burlington. He reviewed the history of the Festival and noted that people have discovered (and even moved to) Vermont because of the Mozart Festival. There will be 3 Festival venues in 2017, 3 in South Burlington (July 28, 29 and August 5) at Veterans Memorial Park. Mr. Dabroski would like to make South Burlington a music festival destination for the summer of 2018. He noted that this year there will be a group of “fellows” as part of the festival, several coming from other countries. Mr. Dabroski asked the Council to consider highlighting the 3 South Burlington events on the city’s website and other media, issuing a press release about the events, and helping to support the advertising effort with a financial contribution. He cited the potential for tour operators to include the Festival as part of their itineraries, possibly with an overnight stay. CITY COUNCIL 19 JUNE 2017 PAGE 4 Mr. Dorn said he would check to see if it is still possible to put a flyer in with the city’s tax bills. Mr. Chittenden said he fully supports the effort and suggested Mr. Dabroski reach out to UVM whose president is keen on Mozart. Mr. Dabroski said he is trying to bring the fellowship to UVM, and they have been very supportive. Ms. Emery noted the number of hotels in the city and suggested using the Mozart festival in the city’s brand. Members then looked at specific types of advertising including a Dorset St. banner, lawn signs, and brochures in area hotels and at the Airport. Mr. Dorn noted there is no structure to support a sign across Dorset Street. Ms. Nowak suggested contacting the South Burlington Business Assn. and Rotary for support. She favored some front yard signage which is easy and inexpensive to do. Mr. Barritt suggested a temporary banner on a city building. Ms. Emery suggested using the city’s logo on signage. Mr. Dabroski agreed to this. Ms. Nowak then moved to designate $1000.00 to the Vermont Music Festival for promotion on a one-year basis with the money to be taken from the Contingency Fund. Ms. Emery seconded. Motion passed unanimously. Mr. Dorn will provide a letter of agreement on this. 10. Councilor’s Committee Reports: Ms. Riehle reported on Channel 17’s efforts to get the tech center up and running. It will provide twice as much capacity as previously available. The joint effort with RETN and VCAM is moving forward. Discussion continues on how to identify other activities that will benefit everyone without the 3 different organizations losing their individual identities. Ms. Riehle said she is committed to continuing to represent the city on this board. Mr. Chittenden then reported that CCTA would like some finance-oriented people to serve. 11. Consider request from CCRPC regarding appointments to committees and possible appointment of representatives to the Clean Water Advisory Committee and the Planning Advisory Committee: CITY COUNCIL 19 JUNE 2017 PAGE 5 Mr. Dorn encouraged the Council to support the continued service of Tom DiPietro on the Clean Water Advisory Committee and Paul Conner (with Cathy LaRose as alternate) on the Planning Advisory Committee. Mr. Barritt moved to reappoint Tom DiPietro as representative to the Clean Water Advisory Committee and Paul Conner as representative and Cathy LaRose as alternate to the Planning Advisory Committee. Ms. Emery seconded. Motion passed unanimously. 12. MOU on Airport home buyouts: Mr. Dorn provided members with a draft that addresses the issues previously raised. Mr. Chittenden asked why the last paragraph has been deleted. Mr. Bolduc said it was felt the paragraph was not necessary as this is a memorandum, not a contract. Mr. Barritt made some spelling corrections. Ms. Nowak said she felt there won’t be a problem getting agreement from the City of Burlington as this is a reasonable agreement. She agreed to make that statement at the Airport Commission. Mr. Barritt moved to adopt the MOU on Airport Home Buyouts and to authorize the City Manager to sign it and forward it to the Mayor of the City of Burlington. Mr. Chittenden seconded. Motion passed unanimously. 13. May Financials: Mr. Hubbard reported that the gap between expenses and revenues has closed with 95% of revenues received and 91% of expenses made. He felt the city will come out OK at the end of the fiscal year, though not where they would have liked to be with some revenues. He also noted that the switch on insurance carriers helped with expenses. Mr. Hubbard advised that some FY18 expenses are being prepaid. The FY17 account will stay open until the end of August and will then be submitted for audit. CITY COUNCIL 19 JUNE 2017 PAGE 6 Mr. Chittenden questioned the $60,000 overage in ambulance salaries. Mr. Hubbard said that they will be over on both Fire and Ambulance salaries. When someone is out, the contract requires that person be replaced, and there have been vacancies and leaves. Mr. Barritt raised the possibility of combining services among communities. Mr. Dorn said those discussions have happened. He stressed that each community has its specific challenges. He cited a lot of overlap from mutual aid. Ms. Emery noted that paving and gasoline expenses are very low. Mr. Hubbard said there will be savings realized by packaging FY17 and FY18 projects. Gasoline prices are also very good now. 14. Other Business: A. Items Held from Consent Agenda No items were held. B. Other: Ms. Nowak felt the Council should be informed regarding the protection of its first responders in light of recent revelations about drugs that can cause harm from just getting onto people’s clothing or hands. Mr. Dorn felt the Fire and Police Chief would be more than happy to answer any questions. He will put it on an August agenda when all members are present. Ms. Riehle noted the Police “wellness” budget has been overspent, and this issue is very impactful for them. Ms. Emery said she would like to know what is being done at the schools. Mr. Barritt suggested this as a Steering Committee topic. Ms. Riehle noted a movement to convince governors to be supportive of efforts regarding climate change. She suggested the city might want to sign onto this and that the Energy Committee could do some research and present a statement of the city’s conservation values. Mr. Dorn suggested having the Energy Committee come in for that discussion. CITY COUNCIL 19 JUNE 2017 PAGE 7 15. Liquor Control Board: Mr. Chittenden moved that the Council convene as Liquor Control Board. Ms. Emery seconded. Motion passed unanimously. Members considered a first class license for Vermont Pool and Bar, LLC (new ownership). Mr. Chittenden moved to approve the first class license for Vermont Pool and Bar, LLC, as presented. Ms. Nowak seconded. Motion passed unanimously. Ms. Nowak moved to reconvene as City Council. Ms. Emery seconded. Motion passed unanimously. 16. Executive session: Ms. Emery moved that the Council meet in executive session to discuss real estate issues where premature disclosure would put the City at a competitive disadvantage, with the executive session to include Mr. Dorn and Mr. Hubbard, and with no further business to be conducted following the executive session. Mr. Barritt seconded. Motion passed unanimously. The Council entered executive session at 9:15 p.m. Following the executive session, Mr. Chittenden moved to adjourn. Mr. Barritt seconded. Motion passed unanimously. The meeting adjourned at 10:15 p.m. ________________________________ Clerk South Burlington Fire Department 575 Dorset Street South Burlington, Vermont 05403 802-846-4110 To: Mr. Kevin Dorn, City Manager, Members of the City Council From: Douglas Brent, Fire Chief/Emergency Management Director Date: June 28, 2017 Re: Adoption of Chittenden County All-Hazards Mitigation Plan and Annex #14 The Chittenden County Multi-Jurisdictional All Hazards Mitigation Plan is a document which is developed, maintained and managed by the Chittenden County Regional Planning Commission for, and with assistance from, the 19 municipalities in the county. The last time this plan was updated was August of 2011. This plan, the 2017 version, began its review in the summer of 2015. As noted in the Executive Summary by CCRPC, compared to the 2005 and the 2011 plans which included elements that were more aspirational, this version of the plan focuses more clearly on identifying strategies and projects that are considered likely to be implemented in the 5-year timeframe of this new plan. The plan and the local annex have been reviewed with corrections and updates made to several sections. Many of these changes were as a result of completion of problems or projects identified in previous versions of the plan. The five year lifespan of each version of the plan provides the perfect opportunity to benchmark projects which have been completed. Our local plan review team consisted of; City Manager Kevin Dorn, Chief Douglas Brent, Chief Trevor Whipple, City Engineer Justin Rabidoux, Planning Director Paul Conner and CCRPC Representative Chris Shaw. All-Hazards Mitigation Plans are a byproduct of the Federal Disaster Mitigation Act of 2000 that authorizes programmatic planning for pre-disaster mitigation. Per Federal regulations, a local mitigation plan is verification of a city or town’s commitment to reduce risks from hazards. Most importantly, should a federal disaster declaration ever be needed due to natural, technological, or societal events beyond our control, federal reimbursement requests and payments would be directly linked to our having an up to date All Hazards Mitigation Plan. I have attached a copy of the Executive Summary of the plan for your review. The entire plan is available at: http://www.ccrpcvt.org/our-work/emergency-management/hazard-mitigation- plan/#2017-plan . I recommend that the South Burlington City Council act affirmatively to adopt the resolution in support of the Chittenden County Multi-Jurisdictional All Hazards Mitigation Plan and Annex #14. Should you need any further information or if you would like myself and CCRPC Senior Planner Dan Albrecht to attend a future council meeting please let me know. Memo To: South Burlington City Council From: Tom DiPietro, Deputy Director of Public Works CC: Kevin Dorn, City Manager Justin Rabidoux, Director of Public Works Date: June 29, 2017 Re: Grant Application for Iby Street Gravel Wetland Stormwater Project The Potash Brook watershed is one of five stormwater impaired waterbodies in South Burlington. The City recently developed a Flow Restoration Plan (FRP) for this watershed. This plan identifies projects with the potential to reduce flow in Potash Brook, restore the Brook to health, and satisfy requirements in the City’s MS4 permit. Included in the project list for the Potash Brook FRP is the construction of a gravel wetland at the end of Iby Street. This gravel wetland is also a part of the Dumont Park project, but it has been broken out as a separate project in order to obtain stormwater grant funding. For these reasons, we would like to pursue Ecosystems Restoration Program (ERP) grant funding to help pay for the construction of this important project. The proposed project is located at the west end of Iby Street near an eroded channel and walking path that leads from the end of Iby Street down to a low footbridge over a Class 2 Wetland. The project proposes to construct a stormwater gravel wetland, along with an improved pedestrian bridge to provide access to Dumont Park. The overall drainage area to the proposed gravel wetlands is 3.31 AC. The drainage area to the gravel wetland is comprised of Iby Street pavement and the residential development along Iby Street. The total project cost is estimated to be $167,000. The project match of $83,500 will be paid from Special Fund #312 City Center Capital Improvements. I am requesting that Council indicate their support for this work and the City’s grant application to the ERP grant program. I am requesting that council take a formal vote on this matter and sign the attached letter for inclusion with our grant application. If you have any questions, please contact me at (802) 658 – 7961 x108 or tdipietro@sburl.com. 575 Dorset Street South Burlington, VT 05403 tel 802.658.7961 fax 802.658.7976 www.sburl.com Physical Address: 104 Landfill Road South Burlington To Whom it May Concern, The City of South Burlington Stormwater Utility has been working to improve water quality in the Potash Brook watershed for a number of years. A component of this work is to design and construct projects capable of treating the uncontrolled stormwater runoff that Vermont DEC previously identified as the cause of impairment in Potash Brook. On July 17, 2017 the South Burlington City Council voted to support the Stormwater Utility’s plans to design and construct the Iby Street Gravel Wetland project. In addition, the South Burlington City Council supports the Stormwater Utility’s grant application to the Ecosystems Restoration Program. We authorize our Deputy Director of Public Works, Thomas J. DiPietro Jr., to act as the City’s authorized representative when dealing with matters related to this project and the associated grant applications. Tom can be reached by phone at (802) 658-7961 x108 or by email at tdipietro@sburl.com . Sincerely, South Burlington City Council ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ CLEAN WATER INITIATIVE PROGRAM Ecosystem Restoration Grants SFY 2018 Grant Program Page 1 of 3 Please refer to the Application Manual for information and examples to assist in responding to questions. Only one project per application. An applicant may submit multiple individual applications. I.Grant Applicant Information 1. Project Title: 2.Watershed Project Database ID Number(s): 3a. Project Location Town: 3b. Project Location Watershed: 4. Project Type: 5.Is this proposal the next phase of a previously awarded Ecosystem Restoration Grant? 6.Organization Name: 7a. Organization Mailing Address: 7b. Town: 7c. State: 7d. Zip Code: 8a. Person as point of contact: 8b. Title: 8c. Phone: 8d. Email: 9.Type of Organization: II.Project Eligibility Checklist (Page 12 of Application Manual) Complete the following project eligibility checklist which screens for project readiness and support. Bolded items are required to be checked ‘yes’ in order to be eligible for funding. If required items are not checked, application will be considered incomplete and not evaluated further. 1.Meets Goal of Grant Program a.This project is designed to improve or protect water quality from runoff and erosion in order to reduce nutrient and sediment pollution. Yes No 2.Screening for Required Project Support a.The project has been discussed with a DEC Basin Planner and has been given a Watershed Projects Database number. Yes No b.This project has the required municipal and/or landowner(s) support.Yes No c.Signed letter of municipal and/or landowner support is attached.Attach File 3.Screening for natural resource or permit conflicts a.ANR Atlas map is attached with the appropriate layers to indicate potential for conflicts (e.g. wetlands, river corridors, Act 250) using the Ecosystem Restoration Grant Screening theme layer in the ANR Atlas Yes No 4. Timeframe of Project Start and Completion a.The project’s anticipated start date is within three months of the signing of the grant contract. Yes No b.The project will be completed within one to two years of the signing of the grant contract.Yes No CLEAN WATER INITIATIVE PROGRAM Ecosystem Restoration Grants SFY 2018 Grant Program Page 2 of 3 5. Operation and Maintenance Commitment a. This proposal identifies the party responsible for the operation and maintenance of the project. Yes No b. Attach a signed letter of commitment for the operation and maintenance of this project. This is required for implementation/construction (Step 3) projects and recommended for preliminary design (Step 1 projects) and final design projects (Step 2 projects). Final operation and maintenance plans must be approved by DEC and may require future reporting requirements. Yes No 6. Risk Assessment Questionnaire a. My organization has completed a Risk Assessment Questionnaire in the last 12 months. Yes No b. If no, complete and attach to this application the Risk Assessment Questionnaire available Attach file III. Project Summary (Page 13 of Application Manual) 700 word max. Scoring: Worth 45/100 points 1. Provide a detailed description of your project. Include (a) source or cause of the water quality problem being addressed, (b) the water quality improvement project or control action being proposed and (c) why this project is important in terms of magnitude of nutrient and/or sediment reduction and should be awarded a grant. IV. Grant Milestones (Page 14 of Application Manual) 1. Project-specific milestones are detailed in the Appendix 3 (Standardized Milestones/Deliverables). Insert the milestones and deliverables that are correspond to the project type selected on the cover page, Section I.4. Applicant must include all required milestones and deliverables in Appendix 3 and may include additional measures. Project Type Milestone Deliverable CLEAN WATER INITIATIVE PROGRAM Ecosystem Restoration Grants SFY 2018 Grant Program Page 3 of 3 V. Grant Performance Measures (Page 14 of Application Manual) Choose the appropriate performance measures based on your project type and fill in the quantitative value below. Required performance measures are listed by project type in Appendix 2 (Project Types, Definitions and Performance Measures). Performance Measure 1: Quantitative Value: Cost/Unit: Performance Measure 2: Quantitative Value: Cost/Unit: Optional Performance Measure 3: Quantitative Value: Cost/Unit: VI. Budget (Page 15 of Application Manual). Scoring: Worth 25/100 points for budget. 15/100 points for match. Provide an itemized budget of the project that includes all costs necessary to complete the project. Any work to be contracted to a third party/project partner should be included in the “contractual” line item, while the “construction” line item should be used for contracted construction work. Provide any additional budget detail for amounts in the contractual or construction lines as an attachment. Budget template must be used. Full details must be included for each category. Lack of detail or clarity of budget will negatively impact project ranking. Payments will be made on cost of services provided. Invoices must indicate costs based on budget categories and can be submitted at any time during the contract for reimbursement. All costs listed in the budget (including all hourly rates, numbers of hours anticipated, descriptions of supplies, match, etc.) must be fully explained as detailed in the Application Manual. Insufficient narrative will negatively impact scoring. VII. Past Performance (Page 18 of Application Manual). Scoring: Worth 15/100 points Briefly describe other water quality improvement projects that your organization performed within the last five years. Describe whether the project was successful, resulted in further implementation (if an identification or design project), and how you documented success. Describe your past performance in meeting reporting requirements, grant deliverables and grant timelines. VIII. Additional Materials Attach any additional materials that support your application and that have not been addressed in previous sections. Applicants are strongly encouraged to submit letters of support for projects. Attach additional materials as pdfs Project: Iby Street Gravel Wetland Opinion of Cost: 100% Revised Set 6.19.17 Item Unit Price Unit Quantity Total General: Mobilization $5,000.00 LS 1 5,000$ Subtotal:5,000$ Site Preparation: Clearing and Grubbing, Including Individual Trees and Stumps $500.00 LS 1 500$ EPSC Measures Construction Entrance $750.00 EA 1 750$ Silt Fence $1.50 LF 310 465$ Construction Fencing (Stakes with Tape)$0.75 LF 350 263$ Erosion Control Matting $2.13 SY 60 128$ Subtotal:1,605$ Bridges & Boardwalks: Pedestrian Bridge at Iby Street entry (6' wide with railings, roughly 52ft long)$500.00 LF 52 26,000$ Cable railing for pedestrian bridge $6,000.00 LS 1 6,000$ Subtotal:32,000$ Parking / Driveway Reconfiguration: Iby Street parking reconfiguration $15,000.00 EA 1 15,000$ Subtotal:15,000$ Stormwater Treatment (not included in project cost total): 48" Dia. CB $2,500.00 EA 2 5,000$ Iby Street gravel wetland, catchbasin pretreatment structure and outfall structure replacement $70,000.00 EA 1 70,000$ Wetland Plugs; assume 24" O.C.$4.00 EA 860 3,440$ Shrubs (bareroot)$30.00 EA 35 1,050$ Subtotal:79,490$ Sub Total 133,595$ Contingency (15%)20,039$ General Contractor Overhead and Profit (10%)13,360$ TOTAL 166,994$ Prepared by LandWorks / Engineering Ventures Page 1 4,292 218.0 Iby Street Gravel Wetland Vermont Agency of Natural Resources 3,251 © Vermont Agency of Natural Resources 165.0 1: WGS_1984_Web_Mercator_Auxiliary_Sphere Meters165.00 NOTES Map created using ANR's Natural Resources Atlas LEGEND 82.00 vermont.gov DISCLAIMER: This map is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. ANR and the State of Vermont make no representations of any kind, including but not limited to, the warranties of merchantability, or fitness for a particular use, nor are any such warranties to be implied with respect to the data on this map. June 26, 2017 THIS MAP IS NOT TO BE USED FOR NAVIGATION 1" = 271 1cm = 33Ft.Meters Shoreland 100' Setback Shoreland 250' Setback Wetland - VSWI Class 1 Wetland Class 2 Wetland Buffer Wetlands Advisory Layer Flood Hazard Areas (Only FEMA-digitized data) AE (1-percent annual chance floodplains with elevations) A (1-percent annual chance floodplains without elevations) AO (1-percent annual chance zone of shallow flooding 1-3 feet) 0.2-percent annual chance flood hazard zone River Corridors (Jan 2, 2015) Small Streams - 50ft Setback Soils - Hydric Act250 Permits **INCOMPLETE** Waterbody Stream Parcels (where available) Town Boundary 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: Approve Resolution Approving and authorizing execution of documents related to City Center TIF District Infrastructure and Capital Improvement Bond Issuance Closing DATE: July 5, 2017 BACKGROUND: Recently the City Council authorized staff to apply to the Vermont Bond Bank for a bond in the amount of $5,000,000 to fund the Market Street Reconstruction Project, the City Center Park – Dumont Parcel, and TIF Costs related to the Administration of the TIF District. The City has applied and been approved for $5,000,000 in bonded debt as part of an issuance that the Bond Bank will be making this summer. The Bond Bank will sign a purchase agreement on July 13. Closing on the bond (the date at which the interest rates will be set) will be August 2. The City’s Bond Counsel (Robert Fletcher) has provided a package of documents for the City Council’s review and consideration for approval. Once signed, executed documents will be held by the City’s Bond Counsel to be released at closing. ATTACHMENTS: • Resolution authorizing approval and signature of documents necessary to close the bond for $5,000,000 for City Center. • Documents for approval and signature. • Schedule D, included for approval only, not signature RECOMMENDATION: Consider approving the attached resolution and signing the documents related to the issuance of a $5,000,000 bond. Resolution 2017 - RESOLUTION CITY OF SOUTH BURLINGTON APPROVING DOCUMENTS RELATED TO CITY CENTER TIF DISTRICT INFRASTRUCTURE AND CAPITAL IMPROVEMENT BOND ISSUANCE CLOSING WHEREAS, at a duly warned and noticed Special City Meeting on November 8, 2016, the voters of the City of South Burlington approved the issuance of bonds in an amount not to exceed Five Million Dollars ($5,000,000), as well as temporary borrowing in anticipation of the issuance of bonds, to finance the initial construction of public infrastructure and public improvements in the City Center TIF District (the “TIF Bonds”) and that incremental tax revenues derived from private development projects within the TIF District may be used to service such debt; and WHEREAS, the City Council authorized an application to the Vermont Municipal Bond Bank in the amount of $5,000,000 in general obligation bonds; and WHEREAS, the Vermont Bond Bank has approved this application; and WHEREAS, the City’s Bond Council has provided a series of documents for approval and signature by the City Council in anticipation for the Vermont Municipal Bond Bank closing on a pooled bond. NOW THEREFORE BE IT RESOLVED that the City Council approves and authorizes the execution of the following documents necessary to closing on a general obligation bond in the amount of $5,000,000 from the Vermont Municipal Bond Bank: Resolution and Certificate (General Obligation) Loan Agreement (General Obligation) Municipal Tax Certificate (General Obligation) United States of America State of Vermont City of South Burlington General Obligation Bond City of South Burlington $5,000,000 General Obligation Bond Dated August 2, 2017 – Certificate of Registration IRC Section 148 Certification Assignment Separate From Bond Receipt Schedule D PAGE 2: CITY OF SOUTH BURLINGTONAPPROVING DOCUMENTS RELATED TO CITY CENTER TIF DISTRICT INFRASTRUCTURE AND CAPITAL IMPROVEMENT BOND ISSUANCE CLOSING APPROVED this _____ day of ______________ , 2017. SOUTH BURLINGTON CITY COUNCIL __________________________________ ________________________________ Helen Riehle, Chair Meaghan Emery, Vice-Chair __________________________________ ________________________________ Tim Barritt, Clerk Pat Nowak __________________________________ Tom Chittenden RESOLUTION AND CERTIFICATE (General Obligation) WHEREAS, at a meeting of the City Council of the City of South Burlington (herein called the “Municipality”) at which all or a majority of the members were present and voting, which meeting was duly noticed, called and held, as appears of record, it was unanimously found and determined that the public interest and necessity required certain public improvements to be constructed within the limits of the Municipality’s City Center Tax Increment Financing District (“TIF District”) herein described by reference to Exhibit A attached, and it was further found and determined that the cost of making such public improvements, after application of available funds and grants-in-aid from the United States of America or the State of Vermont, would be too great to be paid out of the presently available incremental tax revenue generated from private property development in the TIF District retained by the City pursuant to the TIF District Financing Plan approved by the Vermont Economic Project Council in March, 2015 (generally “TIF funds”), and that a proposal for providing such improvements and the issuance of bonds of the Municipality to pay for its share of the cost of the same should be submitted to the legal voters at a meeting thereof, and it was so ordered, all of which action is hereby ratified and confirmed; and WHEREAS, pursuant to the foregoing action, a meeting of the Municipality was warned and held at the place and time appointed therefor, submitting an article(s) of business to be voted upon by ballot between the hours stated in the Warning, all as appears by reference to Exhibit A attached hereto; and WHEREAS, the said Warning was duly recorded, published and posted, and said meeting was duly convened and conducted, or was subsequently validated in the manner provided by law, all as appears of record, and which proceedings are hereby ratified and confirmed in all respects; and WHEREAS, immediately upon closing of the polls and after counting of the ballots cast, the results as set forth in Exhibit A hereto were declared by the Moderator, all as appears of record, and pursuant to which the Municipality is carrying forward the authorized improvements and pursuing the same diligently to completion; and WHEREAS, pursuant to powers vested in them by law the City Council is about to enter into a Loan Agreement (Exhibit B) on behalf of the Municipality with the Vermont Municipal Bond Bank (the “Bank”) respecting a Loan from the Bank in the amount of $5,000,000.00 repayable, and with interest, as follows: Payment Due Principal Amount Interest Rate As per Exhibit C attached AND WHEREAS, the bond to be delivered by the Municipality to the Bank at the time of receiving the proceeds of said Loan (the “Bond”) shall be substantially in the form attached hereto as Exhibit D, which Bond is hereby awarded and sold to the Bank at a price of par and accrued interest; THEREFORE, be it resolved that the City Council proceed forthwith to cause the Bond to be executed and delivered to the Bank upon the price and terms stated, and be fully registered as the law provides; and BE IT FURTHER RESOLVED, that the Bond, when issued and delivered pursuant to law and this Resolution, shall be the valid and binding general obligation of the Municipality, payable according to law and the terms and tenor thereof from TIF funds, and, to the extent that TIF Funds should be insufficient, in whole or in part, to pay the Bond according to its terms and tenor, then from unlimited ad valorem taxes on the grand list of all taxable property of said Municipality as established, assessed, apportioned and provided by law; and BE IT FURTHER RESOLVED, that in addition to all other taxes, after taking into account TIF Funds available to pay the Bond, or any bond or bonds issued to refund or replace the same, and the interest thereon, annually there shall be assessed and collected in the manner provided by law until the Bond, or any bond or bonds issued to refund or replace the same, and the interest thereon, are fully paid, a tax, user fee, charge or assessment sufficient to pay the interest on the Bond or bonds and such part of the principal as shall become due; and BE IT FURTHER RESOLVED, that execution of the above-referenced Loan Agreement between the Municipality and the Bank is hereby authorized, the Municipality Manager being hereby directed to execute the Loan Agreement on behalf of the Municipality and the Municipality Council thereof; and BE IT FURTHER RESOLVED, that the Municipality expressly incorporates into this Resolution each and every term, provision, covenant and representation set forth at length in the Loan Agreement, the Loan Application made by the Municipality to the Bank (Exhibit E), and the Tax Certificate of the Municipality and the Post-Issuance Compliance Procedures included therein (Exhibit F) to be delivered to the Bank in connection with the issuance and sale of the Bond, execution and delivery of each of which is hereby authorized, ratified and confirmed in all respects, and the covenants, representations and undertakings set forth at length in the Loan Agreement, Loan Application and Tax Certificate are incorporated herein by reference; and BE IT FURTHER RESOLVED, that all acts and things heretofore done by the lawfully constituted officers of the Municipality, and any and all acts or proceedings of the Municipality and of its City Council in, about or concerning the improvements hereinabove described and of the issuance of evidence of debt in connection therewith, are hereby ratified and confirmed. BE IT FURTHER RESOLVED, that in connection with the pending sale of the Bond to the Bank, execution and delivery of the Bond, this Resolution and Certificate, Loan Agreement, Tax Certificate, and incidental documents, all attached hereto, are authorized; and BE IT FURTHER RESOLVED, that Stitzel, Page & Fletcher, P.C., bond counsel to the Municipality, be authorized and empowered to take possession of said documents for delivery to the Bank, and to complete said documents by the inclusion of appropriate dates and ministerial changes at the direction of the City Council or its designated officers; and to acknowledge receipt of the proceeds of the Bond on behalf of the Municipality; and BE IT FURTHER RESOLVED, that, to the extent required by the covenants, undertakings, representations and certifications for the benefit of the Bank set forth in the Municipality’s Tax Certificate, the Municipality's Treasurer and its bond counsel, after consultation with the Bank and its bond counsel, are authorized to order for purchase by the Municipality out of the proceeds of the Bond such federal and state obligations as may be required to limit or restrict investment yield on the Bond proceeds, (and, accordingly, to limit the yield on the proceeds of the bonds of the Bank issued to finance the purchase of the Bond), thereby avoiding rebate payments by the Bank to the United States; and BE IT FURTHER RESOLVED, that to the extent proceeds derived from the sale of the Bond will be used to reimburse the Municipality for capital expenditures previously made described in Exhibit A, this Resolution shall serve as a declaration of official intent under Section 1.150-2 of the Treasury Regulations (or a re-publication of any previously made declaration of official intent) to effect a reimbursement in an amount not to exceed the total of all previous capital expenditures; and BE IT FURTHER RESOLVED, that the proceeds derived from the sale of the Bond be deposited to the credit of the Municipality for requisition and disbursement as provided in the Loan Agreement. And we, the undersigned officers, as indicated, hereby certify that we as such officers have signed the Bond dated as of August 2, 2017, payable as aforesaid, and reciting that it is issued under and pursuant to the vote hereinabove mentioned, and we also certify that the Bond is duly registered in the office of the Treasurer of the Municipality as prescribed by law. And we, the officers of the Municipality, hereby certify that we are the duly chosen, qualified and acting officers of the Municipality as undersigned; that the Bond is issued pursuant to said authority; that no other proceedings relating thereto have been taken; and that no such authority or proceeding has been repealed or amended. We acknowledge that information the Municipality has furnished to the Bank and others will be relied upon in the public offering of securities for sale. We represent that all information the Municipality has provided in connection with the Loan, the Bond, the Loan Agreement, the Loan Application, the Tax Certificate and all certifications, statements, representations and records identified or referred to therein are true, accurate and complete to the best of our knowledge. We further represent that the Municipality has disclosed to the Bank and others all information material to the Loan, and the public offering of securities by the Bank, and has not failed to disclose any information it deems material for such purpose. We further certify that no litigation is pending or threatened affecting the validity of the Bond nor the levy and collection of taxes, charges or assessments to pay it, nor the works of improvement financed by the proceeds of the Bond, and that neither the corporate existence of the Municipality nor the title of any of us to our respective offices is being questioned. We further certify that all actions set forth in this resolution were proposed, considered and approved in a public meeting duly called, noticed and held in compliance with all applicable open meeting, public records access, and public procurement, bid and solicitation statutes. END OF TEXT – SIGNATURE PAGE FOLLOWS Dated: July 6, 2017 ATTEST: SOUTH BURLINGTON CITY COUNCIL ______________________________ By: _________________________________ Clerk _________________________________ (Seal) _________________________________ _________________________________ _________________________________ All or a Majority of the City Council And By: _________________________________ Its Treasurer LOAN AGREEMENT (General Obligation) THIS LOAN AGREEMENT, dated as of August 1, 2017, between the VERMONT MUNICIPAL BOND BANK, a body corporate and politic constituted as an instrumentality of the State of Vermont exercising public and essential governmental functions (hereinafter referred to as the “Bank”), created pursuant to the provisions of 24 V.S.A., Chapter 119, as amended (hereinafter referred to as the “Act”), having its principal place of business at Winooski, Vermont, and the CITY OF SOUTH BURLINGTON, a Vermont municipal entity (hereinafter referred to as the “Municipality”): W I T N E S S E T H: WHEREAS, pursuant to the Act, the Bank is authorized to make loans of money (hereinafter referred to as the “Loan” or “Loans”) to Governmental Units; and WHEREAS, the Municipality is a Governmental Unit as defined in the Act, and pursuant to the Act is authorized to accept a Loan from the Bank, to be evidenced by its Bond purchased by the Bank, and the proceeds of which will be held for the benefit of the Municipality by U.S. Bank, National Association, as disbursing agent (the “Disbursing Agent”) subject to requisition as set forth herein; and WHEREAS, the Municipality is desirous of borrowing money from the Bank for the purpose of paying the costs (the “Project Costs”) of certain capital improvements, as described in Schedule C to the Municipality’s Tax Certificate (the “Project”), in the amount of $5,000,000.00 and has applied to and has requested of the Bank a Loan in such amount, and the Municipality has duly authorized the issuance of bonds in the principal amount of $5,000,000.00, of which a bond(s) in the amount of $5,000,000.00 (the “Municipal Bond”) is to be purchased by the Bank as evidence of the Loan in accordance with this Agreement, which Municipal Bond shall be in substantially the form appended hereto by the Municipality as Exhibit B; and WHEREAS, to provide for the issuance of bonds of the Bank (the “Bank Bonds”) in order to obtain from time to time monies with which to make such Loans, the Bank has adopted the General Bond Resolution on May 3, 1988, as amended (herein referred to as the “Bond Resolution”) and will adopt a supplemental resolution authorizing the making of such Loan, inter alia, to the Municipality and the purchase of the Municipal Bond; NOW, THEREFORE, the parties agree: 1. The Bank hereby makes the Loan and the Municipality accepts the Loan in the amount of $5,000,000.00. As evidence of the Loan made to the Municipality and such money borrowed from the Bank by the Municipality, the Municipality hereby sells to the Bank the Municipal Bond in the amount of $5,000,000.00. The Municipal Bond shall bear interest from the date of its delivery to the Bank at the rates per annum set forth in Exhibit A hereto. Notwithstanding the foregoing, the Bond shall bear interest at such rate or rates as shall be required for the Bond to comply with Section 601(2) of the Bond Resolution. 2. (a) The Municipality hereby acknowledges that the Bank has entered, or will enter, into a disbursing agent agreement with the Disbursing Agent for the deposit and disbursement of the proceeds of the Municipal Bond. (b) Pending their disbursement, the proceeds of the Municipal Bond shall be held by the Disbursing Agent. From time to time the Municipality shall requisition from the Disbursing Agent portions of the Municipal Bond proceeds necessary to pay Project Costs. Such requisitions shall be made in the form attached hereto as Exhibit C. The Municipality shall certify to the Bank and to the Disbursing Agent the name(s) and the title(s) of the person(s) authorized to execute and submit such requisitions. (c) Proceeds of the Municipal Bond held by the Disbursing Agent shall be invested by the Disbursing Agent at the direction of the Municipality in accordance with the provisions of the Municipality’s Tax Certificate and consistent with the Investment Policy of the Bank. (d) At the time of submission of the final requisition for Project Costs relating to the Project, including all retainage of Project Costs, the Municipality shall provide to the Disbursing Agent and the Bank a Completion Certificate, in accordance with the provisions of Section 2(e). (e) The Municipality shall proceed with due diligence to complete the Project. Completion of the Project shall be evidenced by a certificate signed by the Municipality delivered to the Disbursing Agent and Bank stating that the Project has been substantially completed so as to permit efficient use in the operations of the Municipality and setting forth any Project Costs remaining to be paid from the Project Fund established with the Disbursing Agent. 3. The Municipality has duly adopted or will adopt, prior to the Bank’s purchase of the Municipal Bond, all necessary resolutions and has taken or will take, prior to the Bank’s purchase of the Municipal Bond, all proceedings required by law to enable it to enter into this Loan Agreement and issue its binding obligations to the Bank. 4. The Municipality shall make funds sufficient to pay interest as the same becomes due available to the Bank on the first (1st) day of the month prior to each payment date for the Bank Bonds. The Municipality shall make funds sufficient to pay the principal as the same matures (based upon the maturity schedule provided by and for the Municipality and appended hereto as Exhibit A) available to the Bank on the first (1st) day of the month prior to each principal payment date for the Bank Bonds. All payments shall be made by Automated Clearing House (ACH) unless otherwise directed by the Bank. 5. The Municipality is obligated to pay fees and charges to the Bank (hereinafter referred to as the “Fees and Charges”) within thirty (30) days of demand by the Bank. Such Fees and Charges actually collected from the Municipality shall be in an amount sufficient, together with other monies available therefor, including any grants made by the United States of America or any agency or instrumentality thereof or by the State or any agency or instrumentality thereof: (a) To pay, as the same become due, the administrative expenses of the Bank; (b) To pay an allocable share of financing costs incurred with respect to a series of Bank Bonds, including fees and expenses of the attorney or firm of attorneys of recognized standing in the field of municipal law selected by the Bank, trustees’ and paying agents’ fees and expenses, costs and expenses of financial consultants, underwriters or placement agencies, printing costs and expenses, the payment to any officers, departments, boards, agencies, divisions and commissions of the State of Vermont of any statement of cost and expense rendered to the Bank pursuant to Section 4556 of the Act, and all other financing and other miscellaneous costs. (c) To pay an amount equal to a reasonable estimate of the interest that could have been earned by the Bank on any funds advanced by the Bank for the purposes described in 5(a) and 5(b) above, calculated at a rate equal to the highest rate on the Bank’s unrestricted investments for the period during which such advances remain outstanding. 6. The Municipality is obligated to make the principal portion of the Municipal Bond payments scheduled by the Bank on an annual basis and is obligated to make the interest portion of the Municipal Bond payments on a semi-annual basis and to pay the Fees and Charges imposed by the Bank as set forth in Section 5 hereof. 7. The Bank shall not sell and the Municipality shall not redeem any part of the Municipal Bond prior to the date on which all outstanding bonds of the Bank issued with respect to such Loan are redeemable, and in the event of any sale or redemption prior to maturity of the Municipal Bond thereafter, the same shall be in an amount equal to the aggregate of (i) the principal amount, interest accrued to the redemption date and redemption premium, if any, needed to redeem a sufficient amount of Bank Bonds to assure Bank compliance with Section 601(2) of the Bond Resolution and (ii) the costs and expenses of the Bank in effecting the redemption of the Bank Bonds so to be redeemed, less the amount of monies available in the applicable sub-account(s) in the redemption account established by the Bond Resolution and available for withdrawal from the Reserve Fund and for application to the redemption of Bank Bonds so to be redeemed in accordance with the terms and provisions of the Bond Resolution, as determined by the Bank. In no event shall any such sale or redemption of the Municipal Bond be affected without the written agreement and consent of both parties hereto, which agreement shall specify the dollar amount to be paid by the Municipality. 8. Simultaneously with the delivery of the Municipal Bond to the Bank, the Municipality shall furnish to the Bank an opinion of bond counsel satisfactory to the Bank which shall set forth among other things the unqualified approval of the Municipal Bond then being delivered to the Bank and that the Municipal Bond will constitute a valid and binding general obligation of the Municipality. 9. The Municipality shall be obligated to inform in writing the Bank and the corporate trust office of the trustee for the Bank Bonds at least thirty (30) days prior to each June 1st and December 1st of the name of the official to whom invoices for the payment of interest and principal should be addressed. 10. Notwithstanding Paragraph 13 hereof, prior to payment of the amount of the Loan, or any portion thereof, and the delivery of the Municipal Bond to the Bank or its designee, the Bank shall have the right to cancel all or any part of its obligations hereunder if: (a) Any representation made by the Municipality to the Bank in connection with its application for Bank assistance shall be incorrect or incomplete in any material respect. (b) The Municipality has violated commitments made by it in its application and supporting documents or has violated any of the terms of this Loan Agreement. 11. If any provision of this Loan Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Loan Agreement and this Loan Agreement shall be construed and enforced as if such invalid or unenforceable provision had not been contained herein. 12. This Loan Agreement may be executed in one or more counterparts, any of which shall be regarded for all purposes as an original and all of which constitute but one and the same instrument. Each party agrees that it will execute any and all documents or other instruments, and take such other actions as are necessary, to give effect to the terms of this Loan Agreement. 13. No waiver by either party of any term or condition of the Loan Agreement shall be deemed or construed as a waiver of any other terms or conditions, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different section, subsection, paragraph, clause, phrase, or other provision of this Loan Agreement. 14. This Loan Agreement merges and supersedes all prior negotiations, representations, and agreements between the parties hereto relating to the subject matter hereof and constitutes the entire agreement between the parties hereto in respect thereof. 15. (a) The Municipality covenants that it will not take any action, or fail to take any action, if any such action or failure to act would adversely affect the exclusion from gross income of interest on the Bank Bonds under section 103(a) of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder (collectively, the “Code”). In furthermore of the foregoing covenant, Municipality covenants to comply with covenants in its Tax Certificate. (b) The Municipality agrees to provide to the Bank such information and detailed records as is required, and not otherwise available from the Disbursing Agent, for the calculation by the Bank of the rebate requirement imposed by Section 148 of the Code which, in part, will require a determination of the difference between the actual aggregate earnings of the investment of the proceeds of an issue of Bank Bonds (including proceeds of the Municipal Bond) and the amount of such earnings assuming a rate of return equal to the yield on such issue of Bank Bonds. (c) In the event the proceeds of the Municipal Bond are no longer expected to be expended for the purpose(s) for which they were issued, the Municipality shall endeavor to find an alternative expenditure of such proceeds that complies with the requirements of the Code, the covenants in the Municipality’s Tax Certificate and the other tax covenants contained in the Agreement for lawful purposes which may be financed by tax-exempt bonds. Any such proposed substitute expenditure shall be reported promptly to the Bank before it is made and shall be accompanied by Counsel’s Opinion (as defined in the Bond Resolution) certifying to the legality of such substitute expenditure and to the effect that the substitution shall not have an adverse effect on the continuing exclusion of interest paid and to be paid on the related Bank Bond for federal income tax purposes. (d) The Municipality shall comply with and perform its undertakings set forth in its Tax Certificate executed coincident with the delivery of the Municipal Bond to the Bank, including Schedule D thereof (Municipal Bond Post-Issuance Compliance Procedures). The Municipality shall retain all records of expenditures for a period of not less than 3 years after the payment of the Bank Bond and furnish the Bank with any and all documents necessary upon its request in order to show the compliance of the Municipal Bond with the provisions of the Code and applicable regulations. (e) Notwithstanding anything in this Loan Agreement to the contrary, the obligation of the Municipality to comply with all tax covenants contained or referenced in this Loan Agreement and the Municipality’s Tax Certificate shall survive the defeasance or payment of the Municipal Bond. 16. The Municipality agrees to provide to the Bank upon request such certifications and information as the Bank may reasonably request in order for the Bank to verify at any time the representations, expectations, procedures and covenants set forth in: (a) The Municipality’s Tax Certificate to be executed coincident with the delivery of the Municipal Bond to the Bank; and (b) The Bank’s Tax Certificate executed coincident with the delivery of the Bank Bonds to the purchaser(s) thereof. 17. Within thirty (30) days following a request by the Bank, or such shorter period as prescribed under Securities Exchange Commission Rule 15c2-12, the Municipality agrees to furnish the Bank with its most recent financial statements, explanatory notes and other financial and operating information as the Bank may request. In addition, the Municipality agrees to notify the Bank within ten (10) days of the occurrence of any notice event which has or may have an effect upon its financial condition or its ability to perform fully and timely any covenant, obligation or undertaking set forth in this Loan Agreement or the Municipal Bond. As used in this paragraph, a notice event is any one of the following: (a) Actual or anticipated delinquency or default of payment of principal of or interest on the Municipal Bond or any other debt obligation of the Municipality; (b) Any actual or anticipated default or breach on the part of the Municipality with respect to any term or provision of this Loan Agreement or like agreement to which the Municipality is a party; (c) Unscheduled draws on debt service reserves which reflect financial difficulties for the Municipality; (d) Unscheduled draws on any letter of credit, guarantee or similar credit enhancement which reflects financial difficulties for the Municipality; (e) Substitution of any entity furnishing the Municipality with credit or liquidity enhancement, or the failure of such entity to perform; (f) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determination of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices or determinations with respect to the tax status of the Municipal Bond, or other material events affecting the tax status of the Municipal Bond; (g) Material modifications of the rights of any person owning a legal or beneficial interest in the Municipal Bond; (h) The actual or contemplated call, redemption, refunding or defeasance of the Municipal Bond, or the sale, release or substitution of the improvements financed by the Municipal Bond; (i) Any change in the credit rating of the Municipality; (j) Tender offers with respect to the Municipal Bond; (k) Bankruptcy, insolvency, receivership or similar event of the Municipality; (l) The merger, consolidation or acquisition of the Municipality; (m) The sale or transfer of all or substantially all of the assets of the Municipality, whether absolute or pursuant to a management or operating agreement, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms; (n) The sale or disposition of assets financed by the Municipal Bond, or a change of use thereof constituting “deliberate action” as defined in the Code; or (o) A change in the identity or name of the Municipal Bond trustee, or the appointment of a successor or additional trustee, if material. For the purposes of the event identified in subparagraph (k), the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for the Municipality in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the Municipality, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the Municipality. 18. The Municipality acknowledges that information it has furnished the Bank and others will be relied upon in the public offering of Bank Bonds for sale. The Municipality represents that all information it has provided in connection with the Loan, the Municipal Bond, this Loan Agreement, the Loan Application, the Municipality’s Tax Certificate and all certifications, statements, representations and records identified or referred to therein are true, accurate and complete to the best of the knowledge of the Municipality and its officers. The Municipality further represents that it has disclosed to the Bank and others all information material to the Loan, and the public offering of Bank Bonds, and has not failed to disclose any information it deems material for such purpose. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Attest: VERMONT MUNICIPAL BOND BANK ________________________________ By: ________________________________ Vermont Municipal Bond Bank Chair Executive Director (SEAL) Attest: CITY OF SOUTH BURLINGTON ________________________________ By: _________________________________ South Burlington City Clerk Chair, City Council (SEAL) EXHIBIT A MATURITY SCHEDULE City of South Burlington Municipal Bonds Due November 1 Principal Amount 2017 $-0- 2018 $-0- 2019 $-0- 2020 $-0- 2021 $-0- 2022 $-0- 2023 $333,333.38 2024 $333,333.33 2025 $333,333.33 2026 $333,333.33 2027 $333,333.33 2028 $333,333.33 2029 $333,333.33 2030 $333,333.33 2031 $333,333.33 2032 $333,333.33 2033 $333,333.33 2034 $333,333.33 2035 $333,333.33 2036 $333,333.33 2037 $333,333.33 Total: $5,000,000 MUNICIPAL TAX CERTIFICATE (General Obligation) This Tax Certificate (this “Tax Certificate”) is being delivered as of August 2, 2017 (the “Closing Date”) by the City of South Burlington, Vermont (the “Municipality”), to the Vermont Municipal Bond Bank (the “Bank”) in connection with the sale to the Bank of the $5,000,000 General Obligation Bond of the Municipality dated the Closing Date (the “Municipal Bond”) pursuant to the Loan Agreement between the Bank and the Municipality dated as of August 1, 2017 (the “Loan Agreement”). The Bank is simultaneously issuing bonds dated the Closing Date (“Bank Bonds”) for the purpose, among others, of financing the purchase of the Municipal Bond. The Municipality understands and agrees that the certifications and expectations set forth herein will be relied upon by the Bank and its bond counsel in establishing that interest on the Bank Bonds will be excluded from the income of the holders thereof for federal income tax purposes. The undersigned Treasurer and at least a majority of the City Council of the Municipality do hereby certify as follows: 1. We are the officers of the Municipality duly charged and responsible for issuing the Municipal Bond. The certifications and expectations set forth in this document are being given to enable the Bank to make certifications and to have certain expectations pursuant to Sections 141 and148 of the Internal Revenue Code of 1986, as amended, (the “Code”), and the Treasury Regulations promulgated thereunder (the “Regulations”). 2. The Municipality is a political subdivision of the State of Vermont and is an entity with general taxing powers, the power to incur debt, the power of eminent domain, and the power to enact and enforce police power measures. 3. The date(s), maturities, denominations and rates of interest of the Municipal Bond are as shown and more fully described in Schedule A, attached hereto. 4. The proceeds of the Municipal Bond will be used to provide funds for the purpose of financing the design and construction of specific public improvements to be located in South Burlington, Vermont (the “Project”), as shown on Schedule C attached. No other amounts have a sufficiently direct nexus (within the meaning of Regulations Section 1.148-1(c)) to the Municipal Bond or the Project to conclude that the amounts would have been used to finance the Project in the absence of the proceeds of the Municipal Bond. 5. No proceeds of the Municipal Bond will be applied to retire existing obligations (“Prior Obligations”) unless such Prior Obligations were used to finance Project costs on a “new money” basis, including timely reimbursement of Project costs advanced under a duly adopted notice of official intent, or as a part of a chain of exclusively current refundings of obligations issued on a “new money” basis (“Original Obligations”). No proceeds of the Municipal Bond will be used to retire any Prior Obligations more than 90 days after the Closing Date. Proceeds, if any, invested during such 90-day period, pending application to retire Prior Obligations, may be invested without regard to yield. 6. The Municipality reasonably expects that at least 85% of the proceeds of the Municipal Bond will have been expended within three years from the earlier of the Closing Date or the date of issuance of any Original Obligations. The Municipality has or will have incurred a binding obligation to a third party to expend on Project costs at least 5% of the proceeds of the Municipal Bond and, if applicable, of the proceeds of each issue of Original Obligations within six months after the respective issue date(s) thereof. Work on the acquisition, construction or accomplishment of the Project will proceed with due diligence to the completion thereof. There are no unspent proceeds of any Prior Obligations. Proceeds not expended within three years shall be invested at a yield not in excess of the yield on the Bank Bonds. 7. The total proceeds (including interest earnings therefrom) received from the sale of the Municipal Bond with respect to the Project do not exceed the total cost of the Project. All proceeds of the Municipal Bond will be deposited with the Disbursing Agent pursuant to the Loan Agreement. All such funds will be maintained in a segregated fund and not commingled with amounts from other sources, and shall be requisitioned: (i) to reimburse the Municipality for Project costs advanced under a duly adopted notice f official intent; (ii) to retire Prior Obligations; or (iii) to pay Project costs after the date hereof, all as provided in the Loan Agreement. 8. Any reimbursement of an expenditure made prior to the issue date of the Municipal Bond or any Original Obligations is pursuant to a declaration of official intent. In addition, any declaration of official intent of the Municipality to reimburse itself out of such proceeds for Project expenditures incurred before the Closing Date or the date of issuance of any Original Obligations, was adopted not later than 60 days after the date such expenditures were made. No expenditure has been or will be so reimbursed (a) more than 18 months after the later of the date the expenditure was made or the Project component to which it relates was placed in service and (b) more than three years after such expenditure was made. 9. No portion of the Project will be sold or otherwise disposed of in whole or in part, except due to normal wear and tear and obsolescence, while the Municipal Bond is outstanding. Public use of the Project will continue for so long as the Municipal Bond remains outstanding. The Municipality will notify the Bank immediately in the event of any change in use or disposition of the Project. In such event, the Municipality will cooperate with the Bank to undertake remediation measures under Regulation Section 1.141-12 at the earliest opportunity so as to preserve the tax exempt character of the Bank Bonds. 10. Principal of and interest on the Municipal Bond will be paid from taxes and other revenues of the Municipality. Funds designated for payment of the principal of and interest on the Municipal Bond, whether or not deposited into a segregated debt service fund, will be expended within thirteen (13) months of the date of such designation. Any amounts received from the investment of such designated amounts will be used to pay debt service on the Municipal Bond within one (1) year of the date of receipt. The debt service fund, if any, will be used to achieve a proper matching of revenues with principal and interest payments within each bond year and will be depleted at least once each bond year except for a reasonable carryover amount not to exceed the greater of (i) the earnings on the fund for the immediately preceding bond year or (ii) one-twelfth of principal and interest payments on the issue for the immediately preceding bond year. 11. Except for the debt service fund described in paragraph 10, if any, the Municipality has not created or established, and does not expect to create or establish, any sinking fund or other similar fund which the Municipality reasonably expects to use to pay principal or interest on the Municipality Bond, or from which there is a reasonable assurance that amounts therein will be available to pay debt service on the Municipal Bond. 12. No portion of the proceeds of the Municipal Bond will be invested, directly or indirectly, in federally insured deposits or accounts other than (a) investments of unexpended Bond proceeds for an initial temporary period until the proceeds are needed for the Project; and (b) investment of moneys on deposit in a bona fide debt service fund. No portion of the proceeds of the Bond will be loaned or otherwise made available to any private person, nor shall any of such proceeds be expended or invested in a manner which will contribute to or result in the Bank Bonds being classified as “hedge bonds” under Section 149(g) of the Code. 13. The Project is and will be owned by the Municipality and will not be leased to any person which is not a state or local government unit, or an instrumentality thereof. In addition, the Municipality will not enter into any contracts or other arrangements, including without limitation, management contracts, capacity guarantee contracts, take or pay contracts, or put or pay contracts, pursuant to which any persons have any right to use or make use of the Project on a basis not available to members of the general public or which confers special economic benefits on any private person. No private business use of the Project will be made without consent of the Bank, which consent may be conditioned on the Bank receiving an opinion of nationally recognized Bond Counsel that such use will not have an adverse effect on the tax-exempt status of interest on the Bank Bonds. 14. The Municipality will do and perform all acts and things necessary or desirable in order to assure that interest paid on the Bank Bonds shall, for purposes of federal income taxation, be excludable from the gross income of the recipients thereof. In that regard, the Municipality understands that the Bank will be required to comply with arbitrage rebate and yield restriction requirements of Code Section 148 with respect to the Bank Bonds and the Municipality agrees to fully cooperate with the Bank in providing requested information and otherwise as set forth in the Loan Agreement. 15. In furtherance of the foregoing covenant with respect to the maintenance of the tax-exempt status of interest on the Bank Bonds, the Municipality covenants to adhere to the record-retention requirements of Section 6001 of the Code and the Regulations and, in addition, adopts and commits to implement the procedures set forth in Schedule D which are intended to provide the following: (a) Assignment of tax-exempt compliance responsibilities to appropriate departments, officers, or employees. (b) Establishment and maintenance of books and records all obligations of the Municipality financed by a particular issue of Bank Bonds. (c) Establishment of Code Section 148 compliant procedures for the investment of gross proceeds for all of the Municipality’s obligations financed by a particular issue of Bank Bonds. (d) Maintenance of records relating to all allocations of expenditures of proceeds of all of the Municipality’s obligations financed by a particular issue of Bank Bonds. (e) Periodic monitoring of use of proceeds of each issue of the Municipality’s obligations financed by a particular issue of Bank Bonds, the investment and reinvestment of proceeds from the temporary investments thereof and the use of property acquired or financed by the proceeds of such obligations. 16. This Tax Certificate has been delivered to the Bank as part of the record of proceedings and accompanying certificates with respect to the issuance of the Bank Bonds. 17. On the basis of the foregoing, it is not expected that the proceeds of the Municipal Bond will be used in a manner which would cause the Bank Bonds to be “arbitrage bonds” or “private activity bonds” under Sections 103, 141 and 148 of the Code and the Regulations. To the best of our knowledge and belief, there are no other facts, estimates or circumstances that would materially change the foregoing conclusions. 18. There are and will be no other obligations of the Municipality: (a) sold within fifteen (15) days of the date of sale of the Bank Bonds; (b) sold pursuant to a common plan of financing as was employed in the sale of the Bank Bonds; and (c) expected to be paid from substantially the same source of funds. IN WITNESS WHEREOF, we have hereunto set our hands on behalf of the Municipality this 2nd day of August, 2017. CITY OF SOUTH BURLINGTON By:________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ All or a Majority of Its City Council And By:____________________________ Its Treasurer Schedule C 1. Title of Bonds: $5,000,000.00 City of South Burlington TIF District General Obligation Registered Bond Total Principal Amount: $5,000,000.00 Dated: August 2, 2017 Maturity Date(s) Principal Amount(s) Interest Rate(s) As per attached specimen bond. 2. Title of Authorizing Resolution(s) or Ordinance(s) Resolution and Warning of City Council dated August 15, 2016 Resolution of City Council to Apply to VMBB dated May 15, 2017 Resolution and Certificate of City Council July 6, 2017 3. Project Estimated Date Estimated Date of Completion All Proceeds Expended TIF District Public Capital Improvements November 30, 2019 March 1, 2020 No. R-1 UNITED STATES OF AMERICA $5,000,000.00 STATE OF VERMONT CITY OF SOUTH BURLINGTON GENERAL OBLIGATION BOND The South Burlington Municipality (hereinafter called the (“Municipality”), a body corporate and a political subdivision of the State of Vermont, promises to pay to the Vermont Municipal Bond Bank, or registered assigns, the sum of Five Million and 00/100 Dollars ($5,000,000.00) in installments on November 1 of each year as set forth below, with interest on each installment at the rate per annum set forth below opposite the year in which the installment becomes due: Year Principal Amount Interest Rate Year Principal Amount Interest Rate 2017 $-0- % 2028 $333,333.33 % 2018 $-0- % 2029 $333,333.33 % 2019 $-0- % 2030 $333,333.33 % 2020 $-0- % 2031 $333,333.33 % 2021 $-0- % 2032 $333,333.33 % 2022 $-0- % 2033 $333,333.33 % 2023 $333,333.38 % 2034 $333,333.33 % 2024 $333,333.33 % 2035 $333,333.33 % 2025 $333,333.33 % 2036 $333,333.33 % 2026 $333,333.33 % 2037 $333,333.33 % 2027 $333,333.33 % The interest rate of each installment shall run from the date of the original delivery of this Bond to the Vermont Municipal Bond Bank and payment therefor and until payment of each installment and such interest shall be payable semi- annually on November 1 and May 1 of each year in the amounts set forth in Exhibit A of the Loan Agreement with respect to this Bond between the Municipality and the Vermont Municipal Bond Bank. Both principal and interest on this Bond are payable in lawful money of the United States at U.S. Bank, National Association, in Everett, Massachusetts, or at its successor as Trustee under the General Bond Resolution of the Vermont Municipal Bond Bank. Final payment of the interest and principal of this Municipal Bond shall be made upon surrender of this Bond for cancellation at the bank or trust company at which this Bond is then payable. This Bond is issued by the Municipality for the purpose of financing specific, municipally owned capital improvements under and by virtue of Chapter 53 of Title 24, Vermont Statutes Annotated, the vote of its legal voters duly passed on November 8, 2016, and resolutions duly adopted by its City Council. This Bond is transferable only upon presentation to the Treasurer of the Municipality with a written assignment duly acknowledged or proved. No transfer hereof shall be effectual unless made on the books of the Municipality kept by the Treasurer as transfer agent and noted hereon by the Treasurer with a record of payments as provided hereon. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the issuing of this Municipal Bond have been done, have happened, and have been performed in regular and due form, as required by such law and vote, and for the assessment, collection and payment hereon of a tax to pay the same when due the full faith and credit of the Municipality are hereby irrevocably pledged. IN TESTIMONY WHEREOF, the Municipality has caused this Municipal Bond to be signed by at least a majority of its City Council and its Treasurer and its seal (if it has a seal) to be affixed hereto as of August 2, 2017. (Absence of a seal hereon means that the Municipality has no seal and no seal is required.) CITY OF SOUTH BURLINGTON _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ All or a Majority of its City Council _________________________________ Treasurer No. R-1 CITY OF SOUTH BURLINGTON $5,000,000.00 GENERAL OBLIGATION BOND DATED AUGUST 2, 2017 CERTIFICATE OF REGISTRATION It is hereby certified that this bond is a registered bond, the principal and interest due thereon payable only to the holder of record as appears in the office of the Treasurer of the issuing Municipality. This bond may be transferred by presentation of the same with an assignment in writing signed by the registered holder. Presentation shall be made to the Treasurer of the Municipality at the office of the Treasurer of the Municipality who shall record such transfer in the records of the Municipality and on the bond. The name and address of the original registered owner of this bond is Vermont Municipal Bond Bank, 20 Winooski Falls Way #305, Winooski, VT 05404-2228. Dated as of the 2nd day of August, 2017. ________________________________ Treasurer IRC SECTION 148 CERTIFICATION NAME OF MUNICIPALITY: CITY OF SOUTH BURLINGTON, VERMONT FEDERAL EMPLOYER IDENTIFICATION NO: 03-6000692 (1) List all outstanding debt (bond anticipation, grant anticipation notes and interfund loan notes) issued by the Municipality to provide temporary construction or other financing for the project(s) being financed permanently by the proceeds of the Municipality’s Bond dated August 2, 2017 and being sold to the Vermont Municipal Bond Bank and the unexpended proceeds, if any, for each: Principal Unexpended Issue Date Amount Maturity Date Proceeds Feb. 28, 2017 $460,000 Feb. 21, 2018 $XXX (2) The Municipality is a political subdivision of the State of Vermont and (1) has general taxing powers, (2) expects to issue no more than $5,000,000 ($15,000,000 in the case of bonds issued to finance public school capital improvements) of non-private activity new money bonds during the calendar year commencing January 1, 2017 and ending December 31, 2017 and (3) at least ninety-five percent (95%) of the proceeds of the borrowing will be used for local governmental activities of the Municipality. (3) The Municipality has no subordinate entities or units of government which individually or together with the Municipality reasonably expect to issue more than $5,000,000 ($15,000,000 in the case of bonds issued to finance public school capital improvements) of non-private activity new money bonds during the calendar year commencing January 1, 2017 and ending December 31, 2017. Date: _______________________, 2017 _______________________________ Treasurer ASSIGNMENT SEPARATE FROM BOND FOR VALUE RECEIVED, the Vermont Municipal Bond Bank (the “Bank”) hereby pledges, assigns and transfers unto U.S. Bank, National Association, Everett, Massachusetts, as Trustee for the benefit of holders of bonds of the Bank issued under the Bank’s General Bond Resolution adopted May 3, 1988, as amended, one general obligation bond of CITY OF SOUTH BURLINGTON, VERMONT in the principal amount of $5,000,000.00, No. R-1 herewith, outstanding in the name of the Bank on the books of said Governmental Unit. Dated: ________________, 2017 VERMONT MUNICIPAL BOND BANK By: __________________________________ Chair/Executive Director CERTIFICATE OF REGISTRATION OF TRANSFERS The Bond is registered in the name of the transferee noted hereon on the books of the Governmental Unit kept by the Treasurer as transfer agent. Date Name of Date of to Which Aggregate Balance of Signature Registered Registration Interest Principal Principal of Transferee of Transfer Paid Paid Due Treasurer U.S. Bank, National Association, as Trustee for the Vermont Municipal Bond Bank RECEIPT Received of the Vermont Municipal Bond Bank the sum of $5,000,000.00 being in full payment for bond(s) of the City of South Burlington dated August 2, 2017 this day sold and delivered to said Bank. Dated this 2nd day of August, 2017. CITY OF SOUTH BURLINGTON By: _________________________________ Duly Authorized K:\WPDOC\MIS\SON17-008 (Bond) REF Res Certif 17-06-29 (1225 PM) MIS.docx 1 SCHEDULE D MUNICIPAL BOND POST-ISSUANCE COMPLIANCE PROCEDURES To the extent the Municipality has not previously adopted municipal bond post-issuance procedures the following procedures have been adopted by the Municipality effective as of the date of issue of the Municipal Bond. These procedures shall be implemented immediately and shall relate to the Municipal Bond and each other existing or future issue of debt obligations of the Municipality that have been or are purchased by the Vermont Municipal Bond Bank (the “Bank”) with proceeds of tax-exempt or otherwise tax-advantaged bonds issued by the Bank. These procedures are intended to assist the Municipality and the Bank in complying with those provisions of the Internal Revenue Code of 1986, as amended (the “Code”) applicable to the Bank bonds relating to (a) the qualified use of proceeds of tax-exempt and other tax-advantaged bonds and notes and improvements financed by such proceeds; (b) arbitrage yield restrictions and rebate; (c) remediation of the effects of “deliberate action” which results in the disposition, abandonment or other change in use of property financed by such tax-exempt or tax-advantaged obligations; and (d) the resolution of matters raised in connection with an audit or examination of such tax-exempt or tax-advantaged obligations. These procedures are intended to furnish guidance in matters of Code compliance, and are subject to revision, modifications and enlargement from time to time. (1) The municipal official or employee possessing the statutory or contractual powers, functions and responsibilities of a Chief Financial Officer (to the extent the same are not exercised by the Municipal Treasurer) shall be responsible for monitoring Municipal Bond post-issuance compliance (the “Compliance Official”). (2) The Compliance Official shall review and implement these procedures in the manner necessary to ensure ongoing compliance with the provisions of the Tax Certificate to which this Schedule D is attached. In connection therewith such official will become knowledgeable or consult an advisor experienced in post issuance compliance and will review and monitor notices, advice and directives as may be received by the Municipality from its bond counsel, accountants, financial advisors, the Bank and other governmental sources. At least once annually the Compliance Official will certify to the Bank that it is in compliance with the terms of the Tax Certificate, including this Schedule D, in a manner substantially as set forth in Attachment 1. (3) On or before the first day of June in each year, the Compliance Official shall confirm that all municipal property financed by the proceeds of the Municipality’s obligations continues to be used in the same manner as existed when such property was first placed into service. Such 2 confirmation shall be based upon a visual inspection and representations of the public officials under whose care, custody and control the property is placed. A report of such confirmation shall be delivered to the Bank on or before the 15th day of June of each year on forms substantially as set forth in Attachment 1 or in such manner as provided by or at the direction of the Bank. (4) For so long as the proceeds of any debt obligation of the Municipality financed with proceeds of Bank bonds remains unexpended, the Compliance Official shall confirm on the first day of June and the first day of December in each year that such proceeds are deposited or invested for a “temporary period” as established under Section 148 of the Code, and the Regulations thereunder. Such confirmation shall be deemed to have occurred for so long as any Municipal Bond proceeds are in the custody of a trustee, paying agent, or disbursing agent pending expenditures upon requisition thereof under procedures prescribed by the Bank. Following the third anniversary of the issuance of a Municipal obligation, all unexpended proceeds shall be invested so as to generate a yield no greater than the yield on the Bank bonds that financed the purchase of the Municipal Bond. (5) The Compliance Official shall confirm, at least annually while there are unexpended proceeds, that the proceeds of each such Municipal obligation shall be expended in such amounts, at such frequency, and in such intervals to permit the Bank to avail itself of one or more arbitrage rebate exceptions allowed under Section 148 of the Code, and the Regulations promulgated thereunder. In the event such certification cannot be made, the Compliance Official will immediately consult with the Bank and, if necessary, engage a consultant to prepare a Report to determine any rebate due with respect to the Bank bonds in connection with such unexpended proceeds. Reports of such confirmation or rebate shall be forwarded to the Bank no less frequently than annually until proceeds are fully expended or thereafter if requested by the Bank. (6) With respect to the acquisition and construction of capital improvements financed with the proceeds of the Municipality’s debt obligations, the Municipality hereby declares that such proceeds shall be allocated to acquisition and construction expenditures prior to the expenditure and application of funds from any other public or private source. On forms or in such manner provided by or at the direction of the Bank, a final expenditure report accounting for the use of all Municipal Bond proceeds and earnings shall be completed no later 3 than 18 months after the Project(s) financed by the Municipal Bond is placed in service. (7) In the event there is an actual or contemplated change of use, abandonment or disposition of property financed by the proceeds of the Municipal Bond, the Compliance Official shall immediately consult with the Bank, its bond counsel and the Municipality’s bond counsel and accountants, regarding remedial action. The Municipality thereafter shall, if required by the Bank, endeavor to call and redeem all or a portion of outstanding debt obligations, the proceeds of which were expended to finance such property, and to fully cooperate with the Bank in its pursuit of such other remedial actions as may be permitted under the Code as set forth in Treasury Regulation Section 1.142, or a voluntary closing agreement with the Internal Revenue Service, if available and appropriate, as determined by the Bank. The proceeds derived from the sale or other disposition of the financed property shall not be commingled with other funds of the Municipality, but shall be used, after consultation with the Bank, to affect the redemption of obligations, if necessary, the proceeds of which financed such property. Pending any redemption as called for in this section, such proceeds shall be invested at a yield no greater than the yield on the related Bank Bonds. (8) The Compliance Official shall create and preserve records for the term of the Municipal Bond and any refunding thereof plus three years documenting the procedures incident to the authorization and issuance and identifying the proceeds of each issue of the Municipality’s obligations, the deposit and investment thereof, the income derived from such deposit and investment, the expenditure of such proceeds and investment income (containing at a minimum the date, amount and recipient of each expenditure), payment requisitions, and all rate, fee, charge and assessment schedules relating to property financed by the Municipality’s obligations. Such records shall include copies of loan agreements, escrow agreements, tax certificates, project bid documents, construction and acquisition contracts, project invoices, project-related bank statements, and documents related to anticipatory bond financing. (9) The Compliance Official shall retain all contracts or arrangements with non-governmental persons relating to the use, control and management of the Project(s) financed by the Municipal Bond. (10) In the event there remain on hand any excess proceeds from a Municipal obligation, following acquisition or completion of the 4 improvements for which such obligation was issued, the Compliance Official shall consult with the Bank, its bond counsel and the Municipality’s bond counsel regarding the use of such proceeds, and shall give written notice to the Bank as to the disposition thereof. Page 1 of 2 MEMORANDUM TO: South Burlington City Council FROM: Andrew Bolduc, Esq., South Burlington City Attorney DATE: 6/29/17 RE: Leased “Glebe” Lands and 61 Proctor Ave Background On June 8, 2017, the City received a call from an attorney who represents the owners of 61 Proctor Ave inquiring into potential “leased” or “glebe” lands within the City of South Burlington and on this property. After several conversations and a review of the most recent deed that references “the lot is leased land, so-called, and is subject to an annual rent,” the seller’s attorney formally requested that the City execute a quitclaim deed conveying all interest the City may have in the property. The seller’s attorney indicated the sellers would be willing to pay reasonable costs incurred by the city for providing this release. Discussion The question of what municipalities do with this type of request and land interest came up almost exactly a year ago in the City of Burlington. A memorandum prepared by the City of Burlington’s City Attorney’s office after weeks of background research last spring explains in some detail the history and process of this type of land interest. This memorandum is provided in your packet as attached to this memorandum. In sum, “glebe” or “lease” land is a land interest dating back to the colonial era that was designated in towns as set aside for, to hold in fee, certain property to produce rental income to support special services (schools and churches, e.g.) long before property taxes provided this support. After several hundred years, this land interest, while mostly ignored or forgotten in more recent years, technically remains. An 1810 Town of Burlington map showing approximately where this land may be located in South Burlington and Burlington is included in your packet and attached to this memorandum. Last year, after the attorney’s request in Burlington, the Burlington City Council resolved to provide a quitclaim deed to the sellers for the consideration of $50. See Alicia Freese, Historical Land Claims Trip Up Burlington Homeowners, Seven Days, June 7, 2016 (also attached). After research into South Burlington’s records, the only example found of past practice in South Burlington comes from when JA McDonald was looking to obtain clean title for a portion of the property at what is now the Vermont National Country Club. The South Burlington City Council resolved to dispose of the City’s interest in the leased lands, assuming it had any as a result of the agreement between COB and the Town of South Burlington, by quitclaim deed. While instructive, the decision of a prior South Burlington City Council and the City of Burlington City Council last year, are not binding to this Council. Page 2 of 2 As the City of Burlington memorandum points out, there is a possibility that the City’s glebe rights, while practically difficult to exercise based on challenges in surveying the exact location of these lands, may hold some residual value in the form or mineral or air rights. The South Burlington Tax Assessor has always valued these lots, to the extent he is aware they are located on leased land, as though the current occupants own the property as full title holders. Conclusion The current homeowners of 61 Proctor Ave through their attorney have requested that the City of South Burlington execute a quitclaim deed to convey and extinguish any potential glebe interest the City may have in the residential lot. While not specifically asserted, without this quitclaim deed, the homeowners may be unable to sell their property as resolving this matter may be required by title insurance or lending institutions. As with the City of Burlington, the City Council here must weigh retaining the City’s potential residual rights in these properties against the possible difficulties caused to homeowners who have been paying full property taxes on their property for many years. If the Council wishes to move forward with a quitclaim deed to this property, it is recommended Council resolve to authorize the City Manager to execute a quitclaim deed, subject to the warning a notice requirements of 24 V.S.A. § 1061 for the conveyance of municipal real estate, if necessary, subject to final review by the City Attorney. The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national origin, place of birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status or genetic information. The City is also committed to providing proper access to services, facilities, and employment opportunities. For accessibility information or alternative formats, please contact Human Resources Department at 865-7145. EILEEN M. BLACKWOOD, ESQ. City Attorney EUGENE M. BERGMAN, ESQ. 149 Church St., Room 11 Sr. Assistant City Attorney Burlington, VT 05401-8489 RICHARD W. HAESLER, JR., ESQ. Phone: (802) 865-7121 Assistant City Attorney Fax: (802) 865-7123 GREGG M. MEYER, ESQ. TTY: (802) 865-7142 Assistant City Attorney KIMBERLEE J. STURTEVANT, ESQ. Assistant City Attorney JUSTIN ST. JAMES, ESQ. Assistant City Attorney CITY OF BURLINGTON, VERMONT OFFICE OF THE CITY ATTORNEY AND CORPORATION COUNSEL MEMORANDUM To: Mayor and City Council From: Eileen Blackwood, City Attorney Re: Glebe Lands & 1622 North Avenue Date: June 3, 2016 Background In April, the City was contacted by an attorney for the owner of 1622 North Avenue, asking the City to execute a quitclaim deed releasing all interest the City of Burlington has in the “leased” or “glebe” lands on this property. This was not the usual procedure the City has practiced in relation to these lease lands, and a quitclaim deed requires City Council approval, which is now requested. What is Glebe Land? Glebe or lease land is a concept that dates back to colonial times. Lease land was designated in the original formation of the Town of Burlington as set aside for, or to produce income for, special uses—primarily school, established minister, or church (glebe) uses. Glebe rights were particularly established by the British government in the colonies to support the British national religion, the Church of England. A series of acts were passed by the Vermont legislature beginning in 1794 through 1805 establishing that the glebe rights became vested in the state after the American Revolution, and the state then granted those rights to the towns in which the lands lay. The 1805 act established that the duty of the selectboard to lease out the land (hence the general term “lease land”), using the rents for the use of the schools or to support religious worship. The leases were deemed to be durable or perpetual, and at that time, the selectboard was not allowed to convey or transfer the ownership of the land, only to lease it, because it was supposed to perpetually support the original purpose (religion or schools, e.g.). This was before property taxes provided support for schools. Page | 2 Eventually, the law regarding glebe and other lease lands became codified in 24 V.S.A. §2401 et seq., although still the selectboard was permitted only to lease the land and not to convey it. In 1947, Vermont law changed, and selectboards became permitted to convey lease lands by deed—but only to the leaseholder, if the property was leased, or to anyone else subject to the perpetual lease. 24 V.S.A. 2406. However, the funds received for a conveyance must be kept intact, in trust, and only the income can be used, and then only for the original purpose—schools, e.g. Where are these lands in Burlington? An 1810 map of Burlington shows glebe, minister, school, and society lands amounting to hundreds of acres, with one large group north of Appletree Point, another set of parcels around Rock Point, several smaller parcels scattered through the Old North End and downtown, and two larger school parcels that appear to be in the South End. However, many of those parcels have been broken up or otherwise changed over the last two centuries, and we were not able to find a map or inventory of the lease land parcels to show where the lease or glebe boundaries run today. We did find a reference in 1941 board of alderman minutes and another in the 1942 City annual report to plans to conduct surveys and place markets to better identify where these lands were. However, the City Engineer notes in that 1942 report that “it would be wise to wait until after the war is won before attempting to complete this work.” We have not been able to find any indication that after the war the survey was ever completed. As a result, it does not appear that the City has an up to date inventory of these lease lands or clear boundaries. Right now, we can tell if a property is on lease or glebe land is by looking at the deed and tracing it back to the original grants. For example, the deed of 1622 North Ave. contains the phrase, “This may be lease land, so-called.” In tracing that deed back, we find it is part of a parcel that was conveyed to James G. Spaulding by John O. Northrop in 1885, and that deed recites, “The land here conveyed is part of Lot No. 188 set to the ‘Glebe right’- so called, and is subject to an annual rent of $1.65 payable to the City Treasurer on the 1st day of January in each year.” Lot No. 188 was one of a number of lots allotted in 1798, and referenced in the original Proprietors’ records of the Town of Burlington, which consisted of 103 acres each; Lot 188 was identified as a Glebe Right. That 103 acres has now been broken up into multiple parcels. What about the rents paid on these lands? Rents were paid on these lands for many years. Records of rent paid by Mr. Northrop through 1894 were kept in official town records that are in the Land Records. After that, it appears that the records of rents were probably kept in the Treasurer’s Office, and those are probably in storage. It does appear, however, as though the City charged and collected rents on glebe lands until 1974. Although we have not found an official record of a meeting of a city body that made this determination, we have found a note and letters signed by Assistant City Treasurer Michael Giroux stating that “on July 5, 1974 the City of Burlington resolved to pay all such Glebe Land rentals to PERPETUITY, thus releasing all owners of such lands from further rental charges.” Although we cannot confirm the date, and the use of the term “owners of such land” is confusing, it is our understanding that it was at this time that the City ceased to charge or collect rents on the glebe and lease lands. Page | 3 That change in practice was consistent with a change in state tax law. In 1967, the state legislature adopted 32 V.S.A. §3610, which dealt with the taxation of perpetual leased lands. Subsection (f) provided that “the annual rental payable under a perpetual lease shall be credited in each year against the tax payable in respect of that lease to the town in which the subject land is located.” Following that enactment, many towns ceased charging separate rent and just assessed the full property taxes against the leaseholder. It is important to note that when rents were being collected, they were not necessarily significant amounts. The above-referenced letter from Assistant Treasurer Giroux notes that the annual rental on 1-3-5-7 Johnson Street was 22 cents. A Burlington Free Press article from Dec. 10, 1971, cited that for 28,000 municipally held acres, the total rent was only about $560 per year. How do we handle these lands when they are transferred? Probably since 1974, and certainly in recent years, the City has been regularly contacted by attorneys when land is being conveyed and the “lease land” or “glebe land” designation is found during the title search. The City Attorney’s Office has generally issued a letter confirming “that there is no rent due, nor will there be rent due at any time in the future to the City of Burlington for this ‘leased land’ or ‘glebe land.’” It is our understanding that this letter generally satisfied both landowners and their title companies, and homeowners bought and sold land with the “lease land” designation noted on the deed, but not affecting the transfer or use of the property. It is also our understanding from the City Assessor that at least during the current appraiser’s tenure, his appraisals have not reduced the assessed value of the property by virtue of the leased-land designation on the deed, so the properties have been paying the full property tax. The attorney for the seller of 1622 North Ave., however, has indicated that title companies or lenders are increasingly seeking releases of the municipal interests so that homeowners are able to pass a full fee simple title. To that end, he has requested that the City sign a quitclaim deed (without any compensation to the City), which would give up the City’s glebe rights to the landowner. The City Assessor communicated with several other assessors and found much the same situation in those communities—no inventory of the lands and no rents currently being paid. A quick Internet search came up with other examples and media reports of properties that were quitclaimed, apparently without compensation. There are, however, communities that continue to charge rent. The Town of Wilmington, VT, for example, has a lease through 2030 with Mount Snow Ski Area for a glebe lot. In addition, there is a possibility that the City’s glebe rights do hold some value. In a 1998 case, Galkin v. Town of Chester, the issue of who owned the mineral rights under glebe land arose, and the Court ruled that even though Galkin had a perpetual lease, the mineral rights belonged to the fee simple owner of the real property, in the case of glebe rights, the Town. Thus, it is possible that as the owner of glebe rights, the City could relocate water lines or install pipelines through lease land without having to exercise eminent domain. The City could have mineral or air rights below or above the surface. These rights may or may not have some residual value, depending on the location of the property. As the City appears not to have ever had these lease-lands surveyed, though, these Page | 4 rights may be practically difficult to exercise. It also is not clear whether or not the City could practically exercise the potential rights outlined above, depending on what has been built on or the use that has been made of any individual property. What happens if the City does or does not execute the quitclaim deed? The homeowner at 1622 North Ave. has requested that the City quitclaim its interests. Thus, the City Council could authorize the Mayor to sign the quitclaim deed, extinguishing the City’s glebe rights. This would eliminate the potential residual rights of the City described above. The homeowner’s request does not include any compensation for the City. The City Attorney’s Office consulted with the City Assessor about the potential value of the glebe rights, and he was not able to find any comparable market rates to use as a basis. His analysis of other private long-term lease properties, such as the Starr Farm Beach properties, led him to a figure of 23% of the fair market value, but there are significant differences with those leases, and that percentage is not a terribly reliable indicator of the value of the glebe rights. The homeowner of 1622 North Ave. has asserted that the City’s refusal to execute a quitclaim deed will mean that she cannot sell her property. Her attorney indicates that resolving these leases may be required by title or lending companies. We have not confirmed whether or not this position is true for all title companies or lenders, but we are told that it is likely that at least some title insurers will continue to ensure over the leasehold, as there have not been major issues with this practice to date. However, because of the number of lease-land parcels in Burlington, it is likely that whatever the Council determines could affect many Burlington homeowners. Essentially, the City Council must weigh retaining the City’s potential residual rights in these properties against the possible difficulties caused to homeowners who have been paying property taxes on the property for the last forty years. If the Council determines that it wishes to continue the City’s current practice of issuing a letter stating that no rents are due, we should consider developing an inventory or survey of these lands, and determining the full extent of the City’s residual rights in them, to reduce uncertainty in the future. Page | 5 6/29/2017 Historical Land Claims Trip Up Burlington Homeowners | City | Seven Days | Vermont's Independent Voice https://www.sevendaysvt.com/vermont/historical-land-claims-trip-up-burlington-homeowners/Content?mode=print&oid=3405818 1/3 JUNE 07, 2016NEWS + OPINION » CITY Historical Land Claims Trip Up Burlington Homeowners By ALICIA FREESE @ALICIAFREESE For years, Donna and Travis Jocelyn have wanted to sell their New North End home and downsize to a condo with lower property taxes. In February, the couple finally found a buyer for their 1970s ranch house and was about to purchase a brick townhome in Essex Junction, closer to where their 10-year-old daughter goes to private school. Then came a bizarre twist: The buyer's attorney did a title search to make sure there were no unpaid taxes or other claims on the property and discovered that the Jocelyns didn't actually own the land their house sits on. By virtue of an obscure centuries-old document, it belongs to the City of Burlington. This was news to Donna, who bought the house for $136,900 in 2001 with no complications. To get a clean title and complete a sale, the couple needed the city to relinquish its claim on the land. The Jocelyns, who live on North Avenue across the street from the J.J. Flynn Elementary School, aren't the only Vermonters residing on what's called "lease land." Whether they know it or not, a number of homeowners in Burlington and around the state could face similar legal complications. "Our guess is, this is going to affect hundreds, if not thousands, of Burlingtonians," City Attorney Eileen Blackwood told the council on Monday night. TICKETS | BERNIE SANDERS | BEST OF VERMONT | WHAT'S GOOD | TOURISM VERMONT'S INDEPENDENT VOICE MATTHEW THORSENTravis and Donna Jocelyn 6/29/2017 Historical Land Claims Trip Up Burlington Homeowners | City | Seven Days | Vermont's Independent Voice https://www.sevendaysvt.com/vermont/historical-land-claims-trip-up-burlington-homeowners/Content?mode=print&oid=3405818 2/3 Vermont's lease land dates back to the 1700s, when the governors of New York and New Hampshire — who acted under the authority of the crown of England — set aside plots to be rented in order to raise money for distinct purposes. Income from leases on what was called "glebe land" went to the Church of England. (Glebe likely comes from the Latin word gleba, meaning a clod of soil.) Schools also received proceeds from lease land. The leases, which often contained provisions allowing the lessees to occupy the land for "as long as grass grows and water runs," were essentially permanent. And while colonists couldn't sell the land on which they settled, they could sell the leases to it. After the Revolutionary War, individual towns took over responsibility for the lease land. They continued to remit money to schools but, with the separation of church and state, stopped using it to finance religious institutions. In the ensuing decades, most towns stopped bothering to collect the rents — typically a pittance in today's dollars — and switched to levying property taxes. But the practice, though largely forgotten, was never outlawed or otherwise removed from state statute. Paul Gillies, a Montpelier attorney with an affinity for the arcane, describes it as "a historical anachronism with a little bit of punch yet left in it." He said he gets a handful of legal inquiries about lease land each year, and the conflicts occasionally end up in court. As in the Jocelyns' case, the questions usually arise when property is changing hands. Twenty years ago, attorneys rarely flagged it, according to Gillies. But in recent years — as part of what he describes as "an evolution of ever more restrictive analysis of the record" — "some title attorneys have made this an issue because they regard it as a defect of title," Gillies explained, noting that attorneys are exercising more caution because they can be held liable for overlooking potential problems. The Jocelyns' attorney, Jonathan Stebbins, has noticed this change, too. "The issue has really been a hot topic in the last year," he confirmed. His firm recently handled several similar cases in Fairfax, but they were quickly resolved when the town agreed to sign quitclaim deeds. Stebbins was reasonably prepared when the people trying to buy the Jocelyn property called him about an 1885 deed identifying a 12-acre wedge of land, including the Jocelyns' 0.1 acres, as glebe land. Written in neat cursive, the document states that the land is "subject to an annual rent of $1.65 payable to the City Treasurer on the 1st day of January each year." Stebbins responded by asking Burlington for a quitclaim deed, with which the city would relinquish any claim to the property and transfer ownership to the Jocelyns. Blackwood said her office has gotten similar, albeit simpler, requests — for example, to sign a letter forgoing rent collection. She and her staff spent weeks researching how to respond. Stebbins said he didn't blame Burlington for doing its due diligence. "They have an obligation to their citizens to do the right thing," he observed, diplomatically. "On the other hand, they have an obligation to citizens trying to buy or sell houses." Legally, nothing was preventing the city from giving the Jocelyns the deed to the property. In the 1930s, the Vermont legislature passed a law allowing towns to transfer ownership of lease land. But the law's wording was ambiguous about whether towns had to charge money for the deed. And there were other factors to consider: By giving up lease land, Burlington would also be signing over rights to its underground resources, such as minerals and water. 6/29/2017 Historical Land Claims Trip Up Burlington Homeowners | City | Seven Days | Vermont's Independent Voice https://www.sevendaysvt.com/vermont/historical-land-claims-trip-up-burlington-homeowners/Content?mode=print&oid=3405818 3/3 Got something to say? Send a letter to the editor and we'llpublish your feedback in print! Digital Cicadas Take Over City Hall Park Jun 28, 2017 Sampling Burlington's Latest Coffee Stops Jun 27, 2017 The Spot on the Dock Opens in Burlington Jun 27, 2017 The Off Center Hangs In Jun 27, 2017 Food Truck Finder 2017 Jun 27, 2017 MORE » Further complicating the city attorney's research: Like many municipalities, Burlington hasn't kept reliable records of its lease lands. Blackwood and her staff have been trying to figure out just how much lease land Burlington has, and where it's located. "We've been digging through old dusty volumes," Blackwood said. Last week, she brought a reporter into the vault room in Burlington City Hall where land records are kept in hefty red books stacked to the ceiling. She took out a laminated map from 1810 that shows the shaded rectangles marking lease land. The map has no street grid, making it tricky to figure out how those shaded blocks correspond to current- day properties. The largest sections are concentrated around Appletree Point, Rock Point and the South End, with a scattering of smaller areas in the Old North End and downtown. Based on that map, Blackwood estimates there are "hundreds of acres" of lease land in Burlington. As the city's legal team pored over archaic documents, the Jocelyns lost the condo they were going to buy in Essex Junction's Brickyard. The closing date on their current home — April 22 — came and went, and while the buyers agreed to push it back to June 13, that new deadline was fast approaching. In the end, the city acted — just in time. After a detailed presentation from Blackwood on Monday, the council voted unanimously to grant a quitclaim to the Jocelyns for a modest fee of $50. Councilor Joan Shannon, who is a real estate agent in her day job, observed, "It's pretty devastating in the process of a sale to discover something like this in a deed." In a separate interview earlier that day, Gillies suggested a longer-term solution for lease-land dwellers: a statewide, 21st century policy that would put this quirky, precolonial problem to rest. speaking of... COURTESY OF CITY OF BURLINGTON An 1810 map showing lease land in Burlington All content © 2017 Da Capo Publishing, Inc. 255 So. Champlain St. Ste. 5, Burlington, VT 05401 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: 2017 VTrans Bicycle and Pedestrian Grants Presentation and Consideration of DATE: June 30, 2017 BACKGROUND: This year VTrans offers two grant programs available for Bicycle and Pedestrian Improvements: Small Scale and Large Scale. City Staff have reviewed the projects in the CIP and discussed them with the Pedestrian Bicycle Committee and are recommending the City apply for funding for two projects: The Dorset Street Recreation (Shared-Use) Path at the small scale level and the Williston Road Streetscape (Buffered Bicycle Facility and Pedestrian Improvements) at the large scale level. Both projects have recently been scoped through the Chittenden County Regional Planning Commission Unified Work Program. Dorset Street Recreation (Shared-Use) Path. The Grant Application proposes an extension of the Dorset Street Recreation (Shared-Use) Path south to the Cider Mill. This project has a concept plan, is a high priority for the community, and is one of the few projects for which the City has a source of matching funds (impact fees). The City is requesting a 50% match on construction costs, or $173,000. The City will need to match the construction costs and fund engineering/site management costs, estimated at $45,000. The total project cost is estimated at $391,000. The expectation is that this project will be built within the next fiscal year, but that construction may carry into FY19 due to the uncertainties of summer construction weather, etc. The City may seek additional funding for the remaining segment (south of the Cider Mill) from this source in a subsequent year or from other grant sources. Williston Road Streetscape (Buffered Bicycle Facility and Pedestrian Improvements). The Williston Road application is for a buffered two-way bicycle facility, a widened sidewalk, a landscaped buffer/snow storage area Background, Continued, Page 2 and pedestrian oriented lighting. This grant application funds the extension of the Garden Street streetscape along the south side of Williston Road from Midas Drive to Dorset Street. This project is an approved project in the TIF District Plan for 50% funding. It closes the link between bicycle infrastructure to the east (existing) and the west (planned) and creates a “front door feel” for residents of and visitors to South Burlington’s City Center. The funding request is for 50% of all costs, or $1,103,500. The City would seek TIF district financing approval from the public for the City matching share costs during the design phase and prior to construction. Construction is estimated for FY 2021 or 2022. The total cost of the project is estimated at $2,207,000, including design, right-of-way acquisition, construction, and construction management/inspection. The TIF District Plan also contemplates a streetscape on the north side of Williston Road, and a wider sidewalk with a snow storage landscaped buffer is included in the concept plan. Additional funding could be pursued at some time in the future for those enhancements. ATTACHMENTS: • Letters of support from the City Council acknowledging the City’s willingness to provide the local match and future maintenance responsibility • Grant Request Forms RECOMMENDATION: Listen to the presentation and consider making a motion to authorize the signature and submittal of letters of support on behalf of the City Council acknowledging the City’s willingness to provide a local match and future maintenance responsibility for the Dorset Street Shared Use Path and the Williston Road buffered bicycle facilities and pedestrian improvements. ADDITIONAL CONSIDERATION: The application is due July 14. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com July 5, 2017 Jon Kaplan, Bicycle and Pedestrian Program Manager VT Agency of Transportation Municipal Assistance Bureau 1 National Life Drive Montpelier, VT 05633 RE: 2017 Bicycle and Pedestrian Small Scale Grant Program City of South Burlington Dear Mr. Kaplan, On behalf of the City Council of South Burlington, I strongly support and express the community’s great interest in the construction of the shared use path on Dorset Street between Old Cross Road and the Cider Mill. The City has long looked forward to completing this project as it is an essential step in closing a critical gap in our bicycle/pedestrian infrastructure in the City. It connects neighborhoods via our shared-use path system to the Cider Mill, an important local and regional destination. South Burlington will provide the 50% matching funds for the construction costs and the necessary additional cash estimated for completion of this project (construction anticipated in FY2018). These funds will be allocated from impact fees which have been collected for this project. The City has experience in the design, construction and oversight of similar projects, having most recently completed a sidewalk segment on Hinesburg Road. Maintenance of the shared use path will become part of the City’s regular maintenance program for public facilities, including plowing in the winter. We are proud of our commitment to maintaining quality public infrastructure and this will not impose any substantial additional burden on our maintenance resources. Our community has long requested this project be completed, and has submitted petitions to that effect. Recently we requested that the Chittenden County Regional Planning Commission scope the project, and that scoping is now complete. We are extremely enthusiastic about completing this project. We appreciate your time and attention in consideration of the City’s application. Sincerely, Helen Riehle, Chair City Council City Of South Burlington, Grant Request Form Prior to applying for a grant please complete this form and submit to Deputy City Manager. Please submit at least two weeks prior to City Council approval meeting. Extenuating circumstances which do not permit two weeks notice should be brought to the attention of the Deputy City Manager as soon as possible. Please attach actual grant application form – either blank or completed Ilona Blanchard, Project Director 6/30/2017 Name and title of person completing this form (Project Manager) Date 1. Name/title of grant and submittal deadline date: 2017 VTrans Small-scale Bicycle and Pedestrian Grant, Deadline: July 14, 1 PM 2. What specifically is the grant’s purpose? To fund 50% of the construction of a 2100 foot extension of the Dorset Street Recreation (Shared Use) Path from where it ends at Dorset Street, Old Cross and Nowland Farm Roads along Dorset Street to the Cider Mill. 3. What does the grant fund and not fund (be specific)? It will fund 50% of construction costs, no design costs. 4. Total Project Cost: a. Amount of grant request:$173,000 b. Is there a City match required, how much and in what fiscal year(s)? $218,000 , FY2018/19 c. Are there other grants “tied into” or being used as a match for this grant of which are matching funds for this grant? Not at this time, although they may be pursued. 5. From what budget line will match be paid, and is there unencumbered money to pay it? The match will be paid from impact fees collected for the purposes of building recreation paths. 6. Is there a cost to the city upon grant conclusion, and if yes, please describe? The City will be required to own and maintain the recreation (shared use) path. 7. Is grant for stand alone project, and if no, how does grant fit into another project (describe in some detail)? This grant is for a stand-alone construction project. This infrastructure is a continuation of a larger system and goes 2/3 of the distance towards closing the gap on Dorset Street between two sets of existing recreation (shared-use) paths. 8. Length of grant - will the grant cross fiscal year(s)? It is likely to cross into FY 2019. 9. Who will apply for grant (name/title)? Ilona Blanchard, Project Director 10. How much time will it take to complete grant application form? 4 hours plus review and input by other staff. 11. How likely is it that we will receive grant? Unclear 12. Who will manage (project manager) grant and grant paperwork if approved (if different person than who is filling out this form), what are any grant compliance requirements, how much time will this take and how is that time available? Are there funds available in the grant to pay for our administrative costs? Can in-kind service be used as part of the City match? Ilona Blanchard, Justin Rabidoux and Martha Machur will manage the grant and the involved paperwork as well as whoever is managing the project design and construction (Public Works). 13. Describe grant payment process – method of cash flow: Reimbursement for expenditures made. 14. Should a Council-appointed Committee, Board , or Commission review this request? If yes, please update status: Yes, scheduled for July 5. 15. In terms of priority, with 5 being highest and 1 being lowest, please rate this grant in terms of how it fits into your primary mission as approved by City Council and current projects to complete that mission: ___________________________________ _______________________________ Reviewed by Deputy City Manager, Date If approved, grant money will be in this fund ____________________________________ _______________________________ Approved by City Manager, Date Not Approved By City Manager, Date ___________________________________________ ______________________________________ Approved By City Council, Date Not Approved By City Council, Date 2/17/11 Procedure Regarding Grant Request Form 1) No City of South Burlington staff member or volunteer shall apply for a grant without completing and receiving approval of the attached Form. 2) All Form questions must be answered – if you need assistance on financial questions please contact the Deputy City Manager (846-4112). 3) As a rule the Form needs to be submitted to the Deputy City Manager at least two (2) weeks before the City Council Meeting where the application will be reviewed. Exceptions can be made especially when the funding source(s) do not provide sufficient lead time 4) Attach any supporting documentation to the Form. 5) Deputy City Manager will review Form for accuracy and completeness – Deputy City Manager does not approve or reject application. 6) After being reviewed if the Form is complete the Deputy City Manager will submit form to City Manager for approval or rejection. 7) City Manager may request meeting with applicant for clarification. 8) City Manager will determine whether to approve or reject the application and have the project manager informed of the decision. Project manager can request a meeting with City Manager prior to Form being reviewed by Council. 9) Whether Form is approved or rejected by City Manager the Form will be reviewed by the City Council. Project manager will be given the opportunity to discuss Form with Council. 10) Council will make final decision as to whether to approve or reject grant submission. Council approval of grant submission also signifies approval and acceptance of the grant unless there is a significant change in grant terms. If there is a significant change in grant terms the issue of whether or not to accept the grant will be brought before Council for consideration. 11) If Council approves Form the project manager will be expected to use his/her Form responses to guide the actual grant application. 12) Project manager will update Deputy City Manager in writing as to grant writing, submittal, approval, and implementation progress. 13) If grant is accepted by granting authority project manager will submit to Deputy City Manager and Finance Officer a monthly progress report on grant implementation and financials – upon request of project manager report time frame can be modified by Deputy City Manager based on actual grant conditions. 14) Finance Officer will maintain a spread sheet of all grants that tracks grant progress related to financials. 15) Grant spread sheet will be included in yearly Budget Book. 4/4/11 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com July 5, 2017 Jon Kaplan, Bicycle and Pedestrian Program Manager VT Agency of Transportation Municipal Assistance Bureau 1 National Life Drive Montpelier, VT 05633 RE: 2017 Bicycle and Pedestrian Large Scale Grant Program City of South Burlington Dear Mr. Kaplan, On behalf of the City Council of South Burlington, I strongly support and express the community’s great interest in the construction of a buffered bicycle facility and pedestrian improvements between Dorset Street and Midas Drive. This project continues separated bicycle facilities and sidewalk in engineering on Williston Road to the east. To the west, it connects to the existing Dorset Street sidewalks and bike paths and to the I-89 bicycle and pedestrian bridge, currently in scoping. This project will serve surrounding residential neighborhoods, commuters, the existing commercial district, hotel guests, and the adjacent elementary school. Most importantly it furthers our economic and community development goals to create City Center – a walkable, bikable downtown. South Burlington will provide the matching funds for the project costs (construction anticipated in FY 2022). This project is an approved TIF District project eligible for financing 50% of the project costs. The City has experience in the design, construction and oversight of similar projects, including the Federal funded Route 2 Widening Project (in front of the Sheraton) and the Market Street Reconstruction Project. Maintenance of this project will become part of the City’s regular maintenance program for public facilities. Williston Road has long been included in studies and plans. We requested that the Chittenden County Regional Planning Commission scope the project, and that scoping is now nearly complete. This project is critical to our future as a livable community. We appreciate your time and attention in consideration of the City’s application. Sincerely, Helen Riehle, Chair City Council City Of South Burlington, Grant Request Form Prior to applying for a grant please complete this form and submit to Deputy City Manager. Please submit at least two weeks prior to City Council approval meeting. Extenuating circumstances which do not permit two weeks notice should be brought to the attention of the Deputy City Manager as soon as possible. Please attach actual grant application form – either blank or completed Ilona Blanchard, Project Director _6/30/2017_ Name and title of person completing this form (Project Manager) Date 1. Name/title of grant and submittal deadline date: VTrans 2017 Bicycle and Pedestrian Large Scale Grant Program July 14, 2017 2. What specifically is the grant’s purpose? The purpose of the grant is to build a streetscape on the south side of Williston Road between Dorset Street and Midas Drive that includes a buffered bicycle facility, a wider sidewalk, and a snow storage/landscaped buffer with pedestrian oriented lighting. 3. What does the grant fund and not fund (be specific)? This grant will fund all project costs. 4. Total Project Cost: a. Amount of grant: The City is requesting $1,103,500. b. Is there a City match required, how much and in what fiscal year(s)? The program requires a 20% match; however, the City is proposing a 50% match to make the project more attractive to the state. The project is 50% eligible for TIF District Financing, and the amount requested is 1/3 the total amount anticipated to be available. c. Are there other grants “tied into” or being used as a match for this grant of which are matching funds for this grant? This project is an approved TIF District project for financing in the TIF District Financing Plan for 50% of the project costs. The City will use cash on hand and seek approval from the public to be reimbursed with TIF District Financing prior to the construction phase for the City share of Total Project Costs. 5. From what budget line will match be paid, and is there unencumbered money to pay it? The match will be paid from the budget for reimbursable TIF District expenditures and will be reimbursed using TIF funds pending a public vote anticipated in 2020 or 2021. 6. Is there a cost to the city upon grant conclusion, and if yes, please describe? The City will be required to maintain the new infrastructure. This area may also be eligible to become part of a special assessment district (similar to the Church Street Market Place) which may defray some maintenance costs). If the City decides not to proceed with the project, any federal funds expended to date will need to be returned. 7. Is grant for stand alone project, and if no, how does grant fit into another project (describe in some detail)? This project is a stand alone project, but continues the design concept approved for the segment of Williston Road between Midas Drive and Hinesburg Road as part of the Garden Street project. It also provides missing bicycle infrastructure that will link Midas Drive and Dorset Street along Williston road and significantly enhance the pedestrian experience and appearance/identity of Williston Road/City Center. 8. Length of grant - will the grant cross fiscal year(s)? Yes. This is a federally funded grant and has many compliance processes and reviews by VTrans including right of way acquisition. The process is anticipated to be a four year process. 9. Who will apply for grant (name/title)? Ilona Blanchard, Project Director 10. How much time will it take to complete grant application form? 20 hours 11. How likely is it that we will receive grant? Last year more funding was requested then was available. This is an important transportation infrastructure segment which has very low capacity for bicycles and pedestrians so should score high, however, we are asking for a lot of funding. If the project is partially funded, the City may seek additional funding from this source or other programs. 12. Who will manage (project manager) grant and grant paperwork if approved (if different person than who is filling out this form), what are any grant compliance requirements, how much time will this take and how is that time available? Are there funds available in the grant to pay for our administrative costs? Can in-kind service be used as part of the City match? Ilona Blanchard will manage the grant paperwork with Martha Machar and Justin Rabidoux. This is a federally funded project, with all compliance requirements, which will take additional time and documentation, however, the magnitude of the request and benefit to the community balances out the time investment on the part of the City. Staff recommends not using in-kind match as this will reduce the overall funding to complete the project. 13. Describe grant payment process – method of cash flow: This is a reimbursement of expenditure program. 14. Should a Council-appointed Committee, Board, or Commission review this request? If yes, please update status: Yes, the City Council will review the request on July 5. This request has already been presented to the Bicycle and Pedestrian Committee. 15. In terms of priority, with 5 being highest and 1 being lowest, please rate this grant in terms of how it fits into your primary mission as approved by City Council and current projects to complete that mission: 5 ___________________________________ _______________________________ Reviewed by Deputy City Manager, Date If approved, grant money will be in this fund ____________________________________ _______________________________ Approved by City Manager, Date Not Approved By City Manager, Date ___________________________________________ ______________________________________ Approved By City Council, Date Not Approved By City Council, Date 2/17/11 Procedure Regarding Grant Request Form 1) No City of South Burlington staff member or volunteer shall apply for a grant without completing and receiving approval of the attached Form. 2) All Form questions must be answered – if you need assistance on financial questions please contact the Deputy City Manager (846-4112). 3) As a rule the Form needs to be submitted to the Deputy City Manager at least two (2) weeks before the City Council Meeting where the application will be reviewed. Exceptions can be made especially when the funding source(s) do not provide sufficient lead time 4) Attach any supporting documentation to the Form. 5) Deputy City Manager will review Form for accuracy and completeness – Deputy City Manager does not approve or reject application. 6) After being reviewed if the Form is complete the Deputy City Manager will submit form to City Manager for approval or rejection. 7) City Manager may request meeting with applicant for clarification. 8) City Manager will determine whether to approve or reject the application and have the project manager informed of the decision. Project manager can request a meeting with City Manager prior to Form being reviewed by Council. 9) Whether Form is approved or rejected by City Manager the Form will be reviewed by the City Council. Project manager will be given the opportunity to discuss Form with Council. 10) Council will make final decision as to whether to approve or reject grant submission. Council approval of grant submission also signifies approval and acceptance of the grant unless there is a significant change in grant terms. If there is a significant change in grant terms the issue of whether or not to accept the grant will be brought before Council for consideration. 11) If Council approves Form the project manager will be expected to use his/her Form responses to guide the actual grant application. 12) Project manager will update Deputy City Manager in writing as to grant writing, submittal, approval, and implementation progress. 13) If grant is accepted by granting authority project manager will submit to Deputy City Manager and Finance Officer a monthly progress report on grant implementation and financials – upon request of project manager report time frame can be modified by Deputy City Manager based on actual grant conditions. 14) Finance Officer will maintain a spread sheet of all grants that tracks grant progress related to financials. 15) Grant spread sheet will be included in yearly Budget Book. 4/4/11