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Agenda - City Council - 10/21/2024
CITY COUNCIL MEETING AGENDA OCTOBER 21, 2024 Participation Options In Person: 180 Market Street, Main Floor, Auditorium Assistive Listening Service Devices available upon request Electronically: https://meet.goto.com/SouthBurlingtonVT/citycouncilmeeting10-21-2024 You can also dial in using your phone (312) 757-3121 Access Code: 940-086-429 Regular Session 6:30 p.m. 1.Pledge of Allegiance (6:30 p.m.) 2.Instructions on exiting building in case of emergency and review of technology options – Jessie Baker, City Manager (6:31–6:32 p.m.) 3.Agenda Review: Additions, deletions or changes in order of agenda items (6:33–6:34 p.m.) 4.Comments and questions from the public not related to the agenda (6:35–6:45 p.m.) 5.Councilors’ Announcements and Reports on Committee assignments and City Manager’s Report (6:45–6:55 p.m.) 6.Consent Agenda: (6:55–7:00 p.m.) A.*** Consider and Sign Disbursements B.*** Approve Minutes from the June 3, 2024, June 10, 2024 C.*** Approve Amendment #2 with Hoyle, Tanner & Associates for the completion of the final engineering for the upgrade to the Bartlett Bay Wastewater Treatment Facility D.*** Authorize the City Manager to enter a contract with VHB to complete the City Center Traffic Circulation Study. E.*** Approve and adopt Resolution #2024-23, approving and authorizing the execution of all documents necessary to effectuate the permanent conservation of approximately 105 acres of the Wheeler Nature Park and pay to Vermont Land Trust the total sum of $41,200 from the City’s Open Space and Conservation Fund. F.*** Accept the warranty deed of easement from QHC Lot 3 LLC dated October 2, 2024 and the deed of easement from the Burlington U Mall Owner LLC dated July 23, 2024 and authorize the City Manager to execute the License and Agreement to Indemnify and Hold Harmless with the Champlain Water District for the purpose of completing the Bike and Pedestrian Bridge over I-89. 7.*** Discussion: Receive a presentation from the Faith Influenced Leaders on Youth Mental Health in South Burlington – Patrick Leduc, President of the Faith Influenced Leaders (7:00-7:30 p.m.) 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV 8.*** Discussion: Receive a presentation from Wagner Hodgeson on the City Green concepts as defined by the community and consultants. Discuss next steps. – Ilona Blanchard, Community Development Director, and Wagner Hodgeson, Consultants (7:30-8:15 p.m.) 9.*** Discussion: Receive a presentation on the Equity in Planning efforts and discuss next steps –Kelsey Peterson, Senior City Planner, and Andy Brumbaugh, Communications and Outreach Manager (8:15-9:00 p.m.) 10.*** Discussion and Possible Action: Convene as Liquor Control Commission to consider the following applications for approval: Rotisserie, Outside Consumption Permit: Stewart’s Shop Corp, Second Class Licenses, Tobacco Licenses, Tobacco Substitute Endorsements; Gonzo’s Indoor Golf Club & Academy LLC, First and Third-Class Restaurant/Bar License (9:00-9:05 p.m.) 11.Other Business (9:05-9:15 p.m.) 12.Consider entering into executive session for the purposes of discussing the negotiation or securing of real estate purchase or lease options, and specifically a future City Green (1 V.S.A. § 313(a)(2)). 13.Consider entering into executive session for the purposes of discussing confidential attorney- client communications related to probable civil litigation to which the public body may be a party 1 V.S.A. 313(1)(E) and (F). 14.Adjourn Respectfully submitted: Jessie Baker City Manager ***Attachments included PAGE 1 MINUTES CITY COUNCIL 3 JUNE 2024 The South Burlington City Council held a regular meeting on Monday, 3 June 2024, at 6:30 p.m., in the Auditorium, 180 Market Street, and by Go to Meeting remote participation. MEMBERS PRESENT: T. Barritt, Chair; A. Chalnick, E. Fitzgerald, M. Scanlan, L. Smith ALSO PRESENT: J. Baker, City Manager; Chief S. Locke, Deputy City Manager; J. Pellerin, Assistant City Attorney; T. DiPietro, Public Works Director; I. Blanchard, Community Development Director; N. Anderson, City Planning; M. Machar, Finance Director; T. Francis, Deputy Fire Chief; P. Conner, Director of Planning & Zoning; S. Grasso, B. Sirvis, P. Wehman, M. Mittag, Dr. T. Childs, S. Conley, D. Langworthy, R. Doyle 1.Pledge of Allegiance 2. Instructions on exiting building in case of emergency and review of technology option: Ms. Baker provided instructions on emergency exit from the building and reviewed technology options. 3.Additions, deletions or changes in the order of Agenda items: Mr. Barritt noted a request to pull Consent Agenda Item “g” for further study. Members also agreed to move Agenda item 11 and 12 to follow item 8. Mr. Chalnick moved to approve the proposed changes to the agenda. Mr. Smith seconded. Motion passed unanimously. 4.Comments and questions from the public not related to the agenda: CITY COUNCIL 3 June 2024 PAGE 2 There were no comments or questions from the public. 5. Announcements, councilors reports from committee assignments and City Manager’s Report: Council members reported on meetings and events they had attended in recent weeks. Ms. Baker: There will be 3 days of city events leading up to a June 19th (Juneteenth) event in Veterans Park. The City Council retreat with the Leadership Team will be held on the morning of 19 June. On 5 June, there will be a reception for students whose art work is now displayed in City Hall. On 10 June, there will be a special City Council meeting for interviews for statutory committee membership. Members discussed whether or not to interview incumbents. Mr. Barritt suggested an 8-minute time limit per applicant. Members were OK with this. Change of property value notices have gone out. Appeal hearings will be held through 18 June. Mr. Barritt noted there are 80 openings at the VTANG base and asked community members to let anyone for whom the Guard could be an option know about the openings. Mr. Scanlan noted their attendance at the VTANG event gave them a chance to thank VTANG’s fire unit for handling City emergency calls. He recalled earlier briefings noting a $1.5 - 2 million savings in annual operating costs and a much larger figure if the City had to establish a fire unit on that side of South Burlington. Mr. Scanlan also referenced his attendance at the City's reach-out effort to get residents input on the proposed City green. He noted that half of the 15 people in attendance were from the Council, Planning Commission, and Committees, underscoring the challenge of reaching a broad segment of the community. It highlighted the importance of the City's project to devise a more effective way to draw opinions from a wider swath of City residents. CITY COUNCIL 3 June 2024 PAGE 3 6. Consent Agenda: a. Approve and Sign Disbursements b. Approve Minutes from 1 April 2024, 15 April 2024, and 24 April 2024 City Council meetings c. Authorize the City Manager to execute the “Public Access Agreement and Agreement Regarding Bridge Easement Interstate 89 Pedestrian and Bicycle Bridge” between the City and Burlington U Mall Owner, LLC d. Authorize the City Manager to enter into a contract with Bryx, Inc., for the purchase of fire station alerting software in FY25, for a contract price not to exceed $150,000, to be paid out in two installments over FY25 and FY26, as approved in the Capital Improvement Plan. e. Authorize the City Manager to purchase fire station alerting software for the VTANG Fire Station in FY25 through the use of budgeted FY’25 Capital Improvement Plan dollars in the amount of $43,365. f. Adopt the Accounts Payable and Special Warrant Policy as amended. g. (Deleted For Further Study) Authorize the City Manager to purchase four Nissan Leaf SV Plus vehicles an allocate FY24 surplus funds for this purpose in an amount not to exceed $22,000 h. Approve the submittal of a 2024 Summer Reading Grant to support summer Library programming Mr. Chalnick moved to approve the Consent Agenda, noting that item “G” was deleted. Mr. Smith seconded. Motion passed unanimously. 7. Hold a Third Reading and Second Public Hearing of an update to the Sign Ordinance: Mr. Chalnick moved to open the public hearing of the duly warned proposed amendments to the City’s Sign Ordinance pursuant to 24 V.S.A. Chapter 13, Section 106. Mr. Smith seconded. Motion passed unanimously. Mr. Conner noted the Ordinance includes the one change made by the Council at the first public hearing. One written comment was received from John Floyd, former owner of a sign company. The current owner said he agrees with Mr. Floyd’s comments. Mr. Langworthy who owns a business across from City Hall said he had put out a small banner and was told it is against the Ordinance. He encouraged allowing that as his business in recessed from the road and they need to get people’s attention. CITY COUNCIL 3 June 2024 PAGE 4 There was no further public comment. Mr. Chalnick moved to close the public hearing on the duly warned proposed amendments to the City’s Sign Ordinance. Mr. Smith seconded. Motion passed unanimously. Mr. Conner noted that Mr. Floyd raised 2 points in his written submission: The first is that per Supreme Court ruling, “alteration” cannot apply to the language/wording of a sign. He also questioned why there was a change from 10 to 30 working days for the issuance of a permit. Mr. Conner explained the objective is to issue the permit in fewer days. The change addresses a situation where there might be a complication. Mr. Pellerin said the proposed language is not out of line with the Supreme Court ruling. He said there are some grey areas regarding language, and they are trying to be as clear to the public as possible. Regarding Mr. Langworthy’s comment, Mr. Conner noted the sign he had put up was a “feather flag” which is not allowed. A banner needs to be fixed at both ends. One option is a sandwich board sign on the property, up to 32 sq. ft. in size, for up to 7 days each month. Under the draft ordinance, he can also have a small A-frame sign in the vicinity of the door all year. He also noted that all businesses choose to have their sign on the road. Mr. Langworthy said the road sign was great when there was a road there; the road has been moved. Mr. Conner suggested moving the sign elsewhere on the property near to where the entrance road is. 8. Approve an update to the Sign Ordinance and authorize the formatting of the updated Ordinance to incorporate it into the City Code: Mr. Chalnick moved to pass and adopt the amended Sign Ordinance as publicly warned, pursuant to 24 V.S.A. Chapter 13, Section 106, and to authorize the formatting of this updated Ordinance to incorporate it into the City Code. Mr. Smith seconded. Motion passed unanimously. 9. (previously #11) Approve Resolution #2024-14 establishing a Safe Routes to School Task Force: Mr. Anderson said the aim of the Task Force will be to create a safe way to get children to and from school. He noted that a “greenway” is a nationally used technique as it makes a lesser used street into a safer route to pedestrians and bikers. The pilot project would be installed at the start of the school year to show what this would look like. It could then lead to a longer-range concept. CITY COUNCIL 3 June 2024 PAGE 5 Mr. Anderson showed a map of where the proposed pilot project would be located. It uses an existing gravel drive and is a low-volume traffic road. There will be signs, temporary chalk paint, planters, and other amenities to create awareness. Mr. Anderson then showed a city overview and indicated other locations where this could happen. The project is in partnership with Local Motion. They have all the equipment to help make this happen. They are asking for Council approval of the concept to allow this to happen. Mr. Smith said this is wonderful. He noted some crossings on Hinesburg where a crossing guard would be helpful because there are crosswalks without lights. Ms. Fitzgerald asked about communicating with neighborhoods. Mr. Anderson said they will be doing some promotion including knocking on doors, postering, Front Porch Forum, etc. There may also be some reduced speed limits in some areas which should please people. Mr. Barritt suggested having some adults to help with the process at crossings. Members agreed to delay a vote until after the time of the previous warning for that item. 10. (previously #9) Orientation: Presentation of the Planning & Zoning, Community Development, and the Tax Incremental Financing District: Planning & Zoning: Mr. Conner reviewed the members of the Planning & Zoning Department and noted that the City Council appoints members of the 2 statutory planning committees: the Development Review Board (DRB), a quasi-judicial board which reviews development proposals, and the Planning Commission which engages in long-range planning. Mr. Conner also noted that decisions of the administrative officer are appealable to the DRB, and their decision is appealable to the Superior Court. Mr. Conner then explained the nature of Form Based Code in which the priority is the relationship of buildings to the street. All applications which fall under Form Based Code are reviewed administratively as the regulations are very clear with high design standards. Mr. Conner noted that City Center has been in the city’s Comprehensive Plan since the 1970s. Ms. Blanchard explained that the TIF District was developed in 2012 and updated in 2021. The area was established for economic development, community goals and the CITY COUNCIL 3 June 2024 PAGE 6 specific goal of creating a downtown. She showed a pie chart of “layering” of resources and economic partners and also the timeline for the TIF District. She noted that the city is now at the point where it has to complete projects. The last time to collect increment funds will be in 2037. The big success in City Center has been housing. The emphasis now is on commercial development, restaurants and EV chargers. Some projects are in various stages of completion. Ms. Blanchard then explained how the TIF district works. She stressed that there is now more taxable property in the city because of the commitment the voters have made. She also noted that the TIF district increases the value of funds that go to both the City and the Education Fund (she showed a pie chart of this). Ms. Baker added that TIF is an economic development tool of the State. It is the biggest economic tool in Vermont. She stressed that the School District is not harmed by a TIF, and the State Education Fund is not denied anything as the funds wouldn’t have been there without the TIF, and they get a bigger “pot” at the end of the TIF. Ms. Blanchard then showed the growth in the TIF increment collected and the TIF District Grand List. She noted that on this day, the city received the estimated Grand List for the TIF, and it is right on target. She then showed a chart of Increment Distribution through FY2022 as well as a list of TIF Fiscal Management Tools. The TIF is audited every year and is audited by the State every 5 years. Ms. Baker said South Burlington’s State audit was the cleanest in the state. She also noted that things have changed for the positive since last fall. Mr. Barritt asked when the city can stop collecting funds for the City Center Reserve Fund. Ms. Baker said that will continue through the life of the TIF, more or less. Any balance at the end will go back to city use. Mr. Chalnick said he is curious as to how developers are meeting energy requirements. Ms. Fitzgerald asked if there are benchmarks against other TIF districts. Ms. Blanchard said there are so few TIF districts in Vermont that staff just looks at them. South Burlington is also the only New Town Center TIF; others are very different. Mr. Conner then reviewed the process for the creation of City Plan 2024 and reviewed its key principles. He stressed that the Plan is aspirational and intentionally ambitious. It is in effect for 8 years. The goals are measurable, where possible. Mr. Conner also reviewed the regulatory projects being addressed by the Planning Commission including: Act 47/S-100 compliance, managing transportation in new developments, EV charging, updating the Impact Fee Ordinance, updating the Form CITY COUNCIL 3 June 2024 PAGE 7 Based Code District; addressing recommendations from DDRPC regarding regulations related to trees, implementation of the Climate Action Plan, and updating the Peddler’s Ordinance especially as related to food vending at events. The Commission is also addressing non-regulatory issues such as equity in planning outreach, City Center parking management, and a potential City Center green. Mr. Conner noted a shift in the type of housing in the city from single family to multi family structures. He said this will change the shape of the city. Mr. Chalnick questioned how the city will move toward more climate friendly existing housing stock. Ms. Baker said this will be a huge part of the new Climate Person who will not be part of the Planning team. Mr. Scanlan noted that it is difficult for someone to find housing in City Center as it is mostly UVM, UVM Medical and senior housing. Ms. Blanchard said all property in City Center is privately owned, and all development is driven by the private sector, but there was a capacity for another 610 apartment units. Ms. Baker referenced discussions with a developer who is interested in doing a market rate housing project in City Center. In addition, UVM housing in City Center frees up more housing in the city for non-UVM related residents. Mr. Conner noted the UVM & UVMMC model is unique and is the first time there has been a joint UVM or UVMMC partnership with developers. Ms. Blanchard noted that the Tech Hub is a great example of reaching out to partners to encourage economic development. Ms. Baker provided a list of policy documents that Council members can refer to. 11. (previously #10) Discuss the use of American Rescue Plan Act (ARPA) funds to date and future possible allocations and provide direction to staff: Ms. Baker directed attention to emails from committees with requests. She also noted there is $1,500,000 remaining to be spent. This money needs to be allocated by December. She reminded members that the funds can be used for any government purpose. Mr. Barritt suggested a spreadsheet. Ms. Fitzgerald said she would like to see what has been funded through this year’s budget. Mr. Chalnick said he would like to know how much a “village green” will cost as that would be his first choice. Mr. Smith said even the “far flung” ideas are awesome. CITY COUNCIL 3 June 2024 PAGE 8 Mr. Scanlan asked if there is a preference for one-off projects or projects that will help constrain budget growth referencing last year’s historically slim vote margin in adopting the budget. Ms. Baker said she will provide a spreadsheet. 12. Approve Resolution #2024-14 establishing a Safe Routes to School Task Force: Ms. Baker reviewed the history and said the group has been doing great work for several months. Mr. Chalnick said the Task Force would develop safe routes to schools, identify obstacles and determine how to address them, and promote those routes. The hope is to have this done before schools reopen in the fall. Ms. Grasso said they are also working to establish safe routes to schools teams to work with the schools. They will have educational events and provide options for getting children to school other than by car. Ms. Baker said the hope is to have the funding for this in time for the FY26 budget process. Public comment was then solicited. Mr. DiPietro said this is a great group to work with and he looks forward to helping develop projects. Mr. Chalnick then moved to approve the Resolution establishing the Safe Routes to School Task Force as presented. Ms. Fitzgerald seconded. Motion passed unanimously. Mr. Chalnick then moved to approve support of the “greenway” project as presented. Mr. Smith seconded. Motion passed unanimously. 13. Convene as the Board of Health to approve the request that the Vermont Commissioner of Health appoint Patricia Wehman as a Deputy Health Officer for the City of South Burlington pursuant to 18 V.S.A. Section 601: Mr. Chalnick moved that the Council convene as Board of Health. Mr. Smith seconded. Motion passed unanimously. CITY COUNCIL 3 June 2024 PAGE 9 Mr. Smith moved to request that the Vermont Commissioner of Health appoint Patricia Wehman as Deputy Health Officer pursuant to 18 V.S.A. Section 601. Ms. Fitzgerald seconded. Motion passed unanimously. Mr. Chalnick moved to reconvene as City Council. Mr. Smith seconded. Motion passed unanimously. 14. Convene as Liquor Control Commission to consider the following applications: The Mill Market & Deli, 2nd Class License; Quarry Hill Club, 1st and 3rd Class Restaurant/Bar License and Outside Consumption Permit; Zen Garden, 1st and 3rd Class Restaurant/Bar License: Mr. Scanlan moved to convene as Liquor Control Commission. Mr. Chalnick seconded. Motion passed unanimously. Mr. Chalnick moved to approve the first-, second- and third-class licenses as presented. Mr. Smith seconded. Motion passed unanimously. Mr. Scanlan moved to reconvene as City Council. Mr. Smith seconded. Motion passed unanimously. 15. Other Business: Ms. Fitzgerald noted the request from Peter Taylor to put the City Charter Committee on a future agenda. As there was no further business to come before the Council Mr. Scanlan moved to adjourn. Mr. Smith seconded. Motion passed unanimously. The meeting was adjourned at 9:46 p.m. _________________________________ Clerk PAGE 1 MINUTES SPECIAL CITY COUNCIL 10 JUNE 2024 The South Burlington City Council held a special meeting on Monday, 10 June 2024, at 6:30 p.m., in the Auditorium, 180 Market Street, and by Go to Meeting remote participation. MEMBERS PRESENT: T. Barritt, Chair; A. Chalnick, E. Fitzgerald, M. Scanlan, L. Smith ALSO PRESENT: J. Baker, City Manager; Chief S. Locke, Deputy City Manager; J. McClory, B. Sirvis, J. Louisos, C. Laurence, D. Peters, D. Dullivan-Macdonald, R. Stazi, R. Doyle, J. Leskow, P. Taylor, M. Emery, W. Kitzinger, T. Lensky, D. Swartwout, C. Rainville, F. MacDonald 1. Pledge of Allegiance 2. Instructions on exiting building in case of emergency and review of technology option: Ms. Baker provided instructions on emergency exit from the building and reviewed technology options. 3. Additions, deletions or changes in the order of Agenda items: No changes were made to the Agenda. 4. Comments and questions from the public not related to the agenda: There were no comments or questions from the public. 5. Conduct applicant interviews for the following Boards and Committees: a. Planning Commission CITY COUNCIL 15 April 2024 PAGE 2 b. Charter Committee c. Development Review Board d. Library Board of Trustees e. Sextons Committee f. Pension Advisory Committee Planning Commission: The Council interviewed the following candidates for the Planning Commission: a. Francis MacDonald (incumbent) b. Colin Laurence Mr. Laurence said he would also be interested in serving on the DRB c. Jessica Louisos (incumbent) d. Jodie Leskow Ms. Leskow indicated she would also be interested in serving on the DRB e. Ryan Doyle Mr. Doyle said he would also be interested in serving on the City Charter Committee City Charter Committee: The Council interviewed the following candidates for the City Charter Committee: a. Peter Taylor b. Meaghan Emery Development Review Board: The Council interviewed the following candidates for the Development Review Board: a. Frank Kochman (Mr. Kochman was not present, but it was noted that he had submitted a written application) Library Board of Trustees: CITY COUNCIL 15 April 2024 PAGE 3 The Council interviewed the following candidates for the Library Board of Trustees: a. Whitney Kitzinger b. Donna Swartwout (incumbent) c. Rebecca Stazi (incumbent) d. Donna Sullivan Macdonald Sextons Committee: The Council interviewed the following candidates for appointment to the Sextons Committee: a. Jennifer McClory b. Donna Kinville (incumbent) c. Chuck Rainville Pension Advisory Committee: Spencer Baker, candidate (incumbent) for the Pension Advisory Committee, was not present. Mr. Scanlan moved that the Council enter into executive session under 1 V.S.A. Section 313(a)(3) for the purpose of discussing the appointment of public officers, inviting into the session Ms. Baker. Mr. Smith seconded. Motion passed unanimously. The Council entered executive session at 8:45 p.m. and resumed open session at 9:28 p.m. As there was no further business to come before the Council Mr. Chalnick moved to adjourn. Mr. Smith seconded. Motion passed unanimously. The meeting was adjourned at 9:29 p.m. _________________________________ Clerk • • • 2 • • • • • Exhibit K – Amendment to Owner-Engineer Agreement. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is EXHIBIT K, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated September 20, 2023 AMENDMENT TO OWNER-ENGINEER AGREEMENT Amendment No. 2 The Effective Date of this Amendment is: __August 1, 2024__. Background Data Effective Date of Owner-Engineer Agreement: September 20, 2023 Owner: City of South Burlington, Vermont Engineer: Hoyle, Tanner & Associates, Inc (Hoyle Tanner) Project: Bartlett Bay Wastewater Treatment Facility (WWTF) Predesign and Final Design Nature of Amendment: [Check those that are applicable and delete those that are inapplicable.] __X__ Additional Services to be performed by Engineer __X__ Modifications to services of Engineer ____ Modifications to responsibilities of Owner __X__ Modifications of payment to Engineer __X_ Modifications to time(s) for rendering services ____ Modifications to other terms and conditions of the Agreement Description of Modifications: Reference Attached Scope and Fee for amended services Agreement Summary: Original agreement amount: $_986,800_________ Net change for prior amendments: $_-____________ This amendment amount: $_160,730_________ Adjusted Agreement amount: $_1,147,530________ Exhibit K – Amendment to Owner-Engineer Agreement. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 Change in time for services (days or date, as applicable): _Step II – Final Design Phase Services Completion Date – June 30, 2025____ The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement, including those set forth in Exhibit C. Owner and Engineer hereby agree to modify the above-referenced Agreement as set forth in this Amendment. All provisions of the Agreement not modified by this or previous Amendments remain in effect. OWNER: ENGINEER: City of South Burlington, Vermont Hoyle, Tanner & Associates, Inc By: By: Print name: Print name: Jon A. Olin Title: Title: Vice President, Regional Office Manager - VT Date Signed: Date Signed: 9/27/2024 Page 1 of 3 September 27, 2024 Thomas J. DiPietro Jr. Director of Public Works City of South Burlington 104 Landfill Road South Burlington, VT 05403 Phone: (802) 658-7961 x6101 Email: tdipietro@southburlingtonvt.gov Re: WWTF STEP II – Design Phase Amendment 2 Bartlett Bay Wastewater Treatment Facility City of South Burlington, Vermont Dear Mr. DiPietro: Hoyle, Tanner & Associates, Inc. (Hoyle Tanner) has prepared this scope and fee for added and amended services for the final design services of the Bartlett Bay Wastewater Treatment Facility (BBWWTF). During the development of the Conceptual Design several key elements were identified to support the long term health and sustainability of the BBWWTF facility design. Hoyle Tanner and it’s subconsultants will provide the following Scope of Services as part of this AGREEMENT: The following Scope of Services have been added to Exhibit J, Task 2 – Basic Services Final Design (fees are modified accordingly in the respective DEC Certification categories g, h, and i for the respective wastewater/civil, mechanical, and structural cost impacts): A. Driveway Culvert Upgrade: A.1 Hydrologic and Hydraulic Analysis for the appropriate sizing of a replacement driveway culvert crossing of the North Brook A.2 Plans, Details and Cross Sections of the proposed Culvert Crossing and stream channel improvements A.3 Coordination with Regulatory Staff and Permit preparation for the new crossing A.4 Performance Specification for a precast concrete box culvert and wingwall system B. BABA Compliance B.1 Equipment Review & Reference Interviews B.2 Specification Updates B.3 BABA Waiver Preparation – for select equipment Page 2 of 3 C. 3rd Clarifier Design: C.1 New Clarifier Design C.2 Splitter Box and Associated Piping Design C.3 Design Plans & Specifications C.4 Construction Cost Estimate D. Solar Photovoltaic Panels on Buildings: D.1 Solar PV panels and circuitry design The owner has requested that solar panels be placed on all the new buildings on the site. Hallam- ICS will provide an electrical system design that incorporates the solar design. Hallam will provide a solar design that can be used for bidding amongst solar vendors along with the rest of the electrical design. D.2 Design Plans & Specifications D.3 Construction Cost Estimate E. Effluent Heat Recovery: E.1 Effluent Heat Recovery system and storage design Hallam will design a heating system that uses the effluent flow to provide heat to the central heating plant. The plant will be designed in parallel with a traditional boiler system to provide hot water distribution to the campus. E.2 Design Plans and Specifications E.3 Construction Cost Estimate F. Biological Process: F.1 Preparation and Administration of the Request for Proposals for the Biological Process and SCADA Upgrade pre-procurement. F.2 Management and coordination support of the BioProcess Contractor. F.3 Reduced Scope for SCADA Design. Modify task 2.9 Instrumentation and Control Sub-Consultant’s Scope of Services as follows: The owner has selected a BioProcess Contractor (Veolia) to provide a design/build controls package for the SCADA system. Veolia will provide the SCADA specification. Additionally, Veolia will provide software for automation at the plant. Hallam-ICS scope still includes: a. Wiring and conduit between devices, panels, and buildings. Interconnection between all process equipment and instruments. b. Power to all equipment. c. Controls design for all systems not provided by Veolia: Ventilation Control, Gas Monitoring, Security, and Asset protection fire alarm G. FOG Management System: G.1 Sprayers and Equipment for management of FOG issues G.2 Design Plans & Specifications G.3 Construction Cost Estimate The following Scope of Services have been added to Exhibit J, Task 1.6 – Exploration and Geotechnical Service (fees are modified accordingly in the respective DEC Certification category d for the added geotechnical soil boring and engineering services): Page 3 of 3 H. Exploration and Geotechnical Engineering Service: Due to varying poor soil conditions found across the Bartlett Bay WWTF site during the site investigation for this project, it has been determined that three additional soil borings will be required and respective analysis for the building foundation designs as these locations. H.1 Field services to collect soil borings at the Clarifier #3 and new UV Building locations. Additional Shelby Tube boring at new Headworks Building. H.2 Geotechnical analysis of results and support with foundation design criteria. Basis of Payment Client shall pay Consultant for services set forth above as follows: Lump Sum Method of Payment Payment Category (per DEC Cert. Page) Amendment #2 Original Contract Value New Contract Value d. Exploration and Geotechnical Service $ 10,000.00 $ 27,000.00 $ 37,000.00 g. Final Design Basic Services Plans & Specs $ 137,930.00 $583,700.00 $721,630.00 h. Final Design Mechanical and Electrical Engineering $ 5,800.00 $163,900.00 $169,700.00 i. Final Design Structural Engineering $ 7,000.00 $112,800.00 $119,800.00 Total Amendment #2 = $ 160,730.00 Terms & Conditions The Terms and Conditions of this amendment are set forth in the base contract dated September 2023. MEMORANDUM TO: South Burlington City Council FROM: City Attorney’s Office RE: Wheeler Nature Park Conservation Easement with Vermont Land Trust DATE: October 21, 2024 City Council Meeting This Memorandum relates to conveyance of a permanent conservation easement to the Vermont Land Trust (“VLT”) over approximately 105 acres of the City of South Burlington (“City”) Wheeler Nature Park. I.Background On October 4, 2021, the City Council authorized the execution of a Memorandum of Understanding (“MOU”) with Vermont Land Trust relating to the conservation of a large portion of Wheeler Nature Park. The City executed the MOU on October 27, 2021. The City has since been working with the VLT to fulfill the obligations of the MOU. The documents necessary to effectuate the conservation are now final and ready for your approval and authorization to execute. These documents are: •Grant of Development Rights, Conservation Restrictions and a Public Access Easement (“Conservation Easement”) •Wheeler Nature Park, Management Plan, Interim Addendum, September 2024 (“Management Plan”) •Wheeler Nature Park, Baseline Documentation Report (“Baseline Documentation Report”) The outcome of the execution of these documents by the City will be the permanent conservation of approximately 105 acres of the Wheeler Nature Park. While the City will still own the land and the transferrable development rights, its rights to use the land will be permanently curtailed by the terms of the Conservation Easement. VLT will henceforth enforce the terms of the Conservation Easement to ensure the City’s compliance. In addition to the documents, the MOU also included an obligation by the City to pay VLT $16,200 in project expenses and closing costs and contribute $25,000 toward VLT’s conservation easement stewardship endowment. At the regularly scheduled City Council meeting on October 4, 2021 the City Council “affirmed their intention to use money from the Open Space Fund for this use.” On August 5, 2024, the City Council approved the Notice of Conveyance of Interest in Municipal Real Estate (“Notice”) for posting and publication as required by 24 V.S.A. §1061. This Notice was published in the Other Paper on August 8, 2024, was posted at City of South Burlington City Clerk’s Office, South Burlington School District Office, the Hannaford on Shelburne Road, and the Price Chopper on Hinesburg Road on August 8, 2024, and published on the City’s website from August 7, 2024 to September 9, 2024. II. Recommended Action The City has prepared the attached resolution for your approval. With the approval of the resolution, the City Council will approve and authorize the execution of the Conservation Easement, Management Plan, and Baseline Documentation Report. With the approval of the resolution, the City Council will authorize the payment of $41,200 to the Vermont Land Trust from the City’s Conservation Fund. Recommended Motion: “Move to approve and adopt Resolution 2024-23, approving and authorizing the execution of all documents necessary to effectuate the permanent conservation of approximately 105 acres of the Wheeler Nature Park and pay to Vermont Land Trust the total sum of $41,200 from the City’s Conservation Fund.” 2024-23 GRANT OF DEVELOPMENT RIGHTS, CONSERVATION RESTRICTIONS, and PUBLIC ACCESS EASEMENT KNOW ALL PERSONS BY THESE PRESENTS that the CITY OF SOUTH BURLINGTON, a Vermont Municipality, on behalf of itself and its successors and assigns (hereinafter “Grantor”), pursuant to Title 10 V.S.A. Chapters 34 and 155 and in consideration of the payment of Ten Dollars and other valuable consideration paid to its full satisfaction, does freely give, grant, sell, convey and confirm unto the VERMONT LAND TRUST, INC., a non-profit corporation organized under the laws of the State of Vermont, with its principal offices in Montpelier, Vermont, its respective successors and assigns (hereinafter “Grantee”),the development rights, perpetual conservation easement restrictions, and public access easement (all as more particularly set forth below) in a certain tract of land (hereinafter “Protected Property”) situated in the City of South Burlington, Chittenden County, State of Vermont, the Protected Property being more particularly described in Schedule A attached hereto and incorporated herein. The development rights hereby conveyed to Grantee shall include all development rights except those specifically reserved by Grantor herein and those reasonably required to carry out the permitted uses of the Protected Property as herein described. The development rights hereby conveyed are rights and interests in real property pursuant to 10 V.S.A. §§823 and 6303. The perpetual conservation easement restrictions, and public access easement hereby conveyed to Grantee consist of covenants on the part of Grantor to do or refrain from doing, severally and collectively, the various acts set forth below. It is hereby acknowledged that the development rights, perpetual conservation easement restrictions, and public access easement shall constitute a servitude upon and shall run with the land. Reserved from this Grant and retained by the Grantor for itself and its successors and assigns is the right to sell and convey transferable development rights (“TDRs”) associated with the Protected Property as established under the South Burlington Land Development Regulations pursuant to 24 V.S.A. §4423. Grantor and Grantees expressly acknowledge and agree that the Grantor and its successors and assigns shall have the continuing right to sell and convey TDRs to the owners of so-called receiving properties in accordance with the City of South Burlington Development Regulations without payment of any portion of sale proceeds to Grantees, and to execute and deliver deeds and other instruments of conveyance associated with such sale and conveyance without notice to Grantees. I. Purposes of this Grant and Management Plan. A. Statement of Purposes 1. Grantor and Grantee acknowledge the objective of ensuring the availability of the Protected Property for public use and enjoyment, including, but not limited to, educational, recreational and other appropriate community activities and, to that end, the purposes of this Grant (hereinafter referred to as the “Purposes of this Grant”) are as follows: a. To conserve productive forestland, wildlife habitats, biological diversity, natural communities, riparian buffers, wetlands, soil productivity, water quality and native flora and fauna on the Protected Property and the ecological processes that sustain these natural resource values as they exist on the date of this instrument and as they may evolve in the future; b. To provide for non-motorized, non-commercial recreational, educational and other Wheeler Nature Park Conservation Restrictions Page 2 appropriate community uses on the Protected Property; c. To conserve open space values, and scenic resources associated with the Protected Property for present and future generations and d. To require that management of the Protected Property be guided by a public management planning process. 2. Recognizing that conservation of productive forestland is included in the Purposes of this Grant, and that both the resource values of the Protected Property and responsible forest management standards will evolve over time, the forest management objectives of this Grant are to: a. Manage forest stands for long rotations which maximize the opportunity for the production of maple sap and/or for harvesting, sustained over time, high quality sawlogs while maintaining a healthy and biologically diverse forest. Grantor and Grantee acknowledges that site limitations, biological factors and public uses may preclude the production of high quality sawlogs, and further that the production of a variety of forest products can be consistent with the goal of producing high quality sawlogs and/or maple sap. b. Conduct all sugaring and/or forest management and harvesting activities (including the establishment, maintenance, and reclamation of log landings and skid roads) using the best available management practices in order to prevent soil erosion and to protect water quality. 3. These purposes will be advanced by conserving the Protected Property because it possesses the following attributes: a. includes 37 acres of forest available for long-term sustainable management for the production of forest products; b. is considered by City residents to be an important property in South Burlington for maintaining the beauty, unique rural Vermont character and strong sense of place for community residents; c. 2,740 feet of frontage on Swift Street and Park Road, public highways; d. can be used for numerous recreational, cultural and educational purposes by the City, its schools, and the community; e. streams, including headwater streams of Potash Brook, that, with wooded buffers and natural flow, provide an array of ecological benefits, including maintaining water quality and providing corridors for species movement; f. wetlands, including open, shrub, forested, seepage, and riparian wetlands; and, g. additional wetland, upland, and riparian habitat for wildlife. Grantor and Grantee recognize the Purposes of this Grant and share the common goal of conserving these values of the Protected Property by the conveyance of conservation restrictions, development rights and public access easement to prevent the use or development of the Protected Property for any purpose or in any manner which would conflict with the Purposes of this Grant. Grantee accepts such conservation restrictions, development rights and public access easement in order to conserve these values for present and future generations. B. Management Plans. Wheeler Nature Park Conservation Restrictions Page 3 Grantor will, from time-to-time develop comprehensive management plans, including updates, revisions and amendments, for the Protected Property (hereinafter “Management Plans”). The Management Plans shall: 1. Provide for the use and management of the Protected Property in a fashion which is consistent with and advances the Purposes of this Grant; and 2. At a minimum, the Management Plans shall include the provisions required under this Grant, and shall appropriately balance all the resource attributes of and human uses for the Protected Property. The following items shall be addressed in the Management Plan, as applicable, to ensure compliance with the conditions of this Grant: a. identify and address the management needs of the recreational uses that may need special or more intensive management focus; b. provide for public access and meaningful recreational links to private and public lands; c. include a forest management plan approved by Grantee in accordance with Section I(C), below, if the Grantor proposes to harvest timber or commercial non-timber forest products; d. provide a plan for road, sign, trail and sanitary facility use that has minimal impact on water quality and plant, wildlife and aquatic habitat resources and historic and cultural features; e. provide for the sustainable use of fish and wildlife resources; f. provide for the identification and protection of natural communities, plant, wildlife and aquatic habitat and other ecologically sensitive or important areas; g. provide for use by educational programs; and, h. otherwise be consistent with this Grant. Prior to the final adoption of each Management Plan, including updates, revisions and amendments, Grantor shall, in consultation with Grantee: (a) secure appropriate public input from the general public, (b) develop the Management Plans in a timely and responsive manner, and (c) provide Grantee with a draft of each such Management Plan for its review and approval prior to adoption as well as a copy of each final adopted Management Plan. Grantee’s approval of the Management Plans shall not be unreasonably withheld or conditioned if such Plans are consistent with the terms of this Grant. C. Forest Management Plan. As provided in Section III(3), below, Grantor shall not harvest timber, wood products, commercial non-timber forest products, or conduct commercial maple sugaring operation without first developing a forest management plan for the Protected Property. Said forest management plan and any updates, amendments or other changes thereto (collectively ”Forest Management Plan”) shall be submitted to Grantee for its approval prior to any forest management activity listed herein. Grantee’s approval of the Forest Management Plan shall not be unreasonably withheld or conditioned, if the Forest Management Plan has been approved by a professional forester and if the Forest Management Plan is consistent with the Purposes of this Grant, and in particular, the Purposes set forth in Section I. Grantee may rely upon the advice and recommendations of such Wheeler Nature Park Conservation Restrictions Page 4 foresters, wildlife experts, conservation biologists or other experts as Grantee may select to determine whether the Forest Management Plan is consistent with the Purposes of this Grant. The Forest Management Plan shall be consistent with the Purposes of this Grant and shall include at least the following elements (except that those elements of the Forest Management Plan which do not change need not be re-submitted in updates or amendments to the Forest Management Plan): 1. Grantor’s forest management objectives; 2. An appropriately scaled, accurate map indicating such items as forest stands, streams and wetlands, and major access routes (truck roads, landings and major skid trails); 3. Forest stand (“treatment unit”) descriptions (forest types, stocking levels before and after harvesting, soils, topography, stand quality, site class, insect and disease occurrence, previous management history, and prescribed silvicultural treatment including harvest schedules); 4. Description of any commercial sugaring operation, including how management will account for impacts on species diversity and ecosystem health, and impacts on wildlife movement and public access; 5. Plant and wildlife considerations (identification of known significant habitats and management recommendations); 6. Aesthetic and recreational considerations (impact on viewsheds from public roads, trails and places); and 7. Historic and cultural resource considerations (identification of known resources and associated management recommendations); The Forest Management Plan shall be updated at least once every ten (10) years (or at such other intervals as Grantor and Grantee may mutually agree) if Grantor intends to harvest timber or other wood products. Amendments to the Forest Management Plan shall be required in the event that Grantor proposes a treatment not included in the Forest Management Plan, but no such amendment shall be required for any change in timing or sequence of treatments if such change does not vary more than five years from the prescription schedule set forth in the Forest Management Plan as approved by Grantee. In the event that any treatment unit is substantially damaged by natural causes such as insect infestation, disease, ice, fire, or wind, Grantor may elect to conduct an alternative treatment in which event Grantor shall submit an amendment to the Forest Management Plan for Grantee’s approval prior to conducting any alternative treatment. Disapproval by Grantee of a Forest Management Plan proposing a heavy cut (as defined below) shall not be deemed unreasonable. Grantee, however, may approve a Forest Management Plan or an amendment thereto proposing a heavy cut in its discretion if consistent with the Purposes of this Grant, including for the following purposes: 1. To release an established understory; 2. To permit the planting of different species of trees or the establishment or re- establishment of a field, orchard, or pasture; 3. For wildlife management purposes; or, 4. To promote natural regeneration. “Heavy cut” shall mean the harvesting of wood products below the “C-Line” or minimum stocking level on the Protected Property as determined by applying the protocol set forth in the current U.S. Department of Agriculture, Forest Service Silvicultural Guidelines for the Northeast or by applying a similar, successor standard approved by Grantee. Wheeler Nature Park Conservation Restrictions Page 5 II. Restricted Uses of the Protected Property. 1. The Protected Property shall be used for educational, forestry, agricultural, non- motorized, non-commercial recreation, habitat conservation, natural area, and open space purposes only, except as otherwise specifically permitted under this Grant. No residential, commercial, industrial or mining activities shall be permitted. No buildings, structures, or appurtenant facility or improvements shall be constructed, created, erected or moved onto the Protected Property, except as specifically permitted in both Section III below and the Management Plans. 2. No rights-of-way, easements of ingress or egress, driveways, roads, or utility lines or easements, or other use restrictions shall be constructed, developed, granted, or maintained into, on, over, under, or across the Protected Property without the prior written permission of Grantee, except as otherwise specifically permitted under this Grant, and as appear of record prior to the date of this Grant. Grantee may grant such permission (with or without conditions) if in its sole discretion it determines that any such rights of way, easements of ingress or egress, driveways, roads, utility lines, other easements or other use restrictions are consistent with the Purposes of this Grant. 3. There shall be no signs, billboards, or outdoor advertising of any kind erected or displayed on the Protected Property; provided, however, that Grantor may erect and maintain reasonable signs including but not limited to signs indicating the name of the Protected Property and its ownership by Grantor, boundary markers, directional signs, memorial plaques, informational and interpretive signs, and signs limiting access or use (subject to the limitations of Section IV, below). Grantee may erect and maintain signs designating the Protected Property as land under the protection of Grantee, with the prior written permission of Grantor. 4. The placement, collection or storage of trash, human, hazardous or toxic waste, or any other unsightly, harmful or offensive material on the Protected Property shall not be permitted except at such locations, if any, and in such a manner as shall be approved in advance in writing by Grantee and shall be consistent with the Grant and the Management Plans. The temporary storage of trash generated on the Protected Property in receptacles for periodic off-site disposal, shall be permitted without such prior written approval. 5. There shall be no disturbance of the surface, including but not limited to filling, excavation, removal of topsoil, sand, gravel, rocks or minerals, or change of the topography of the land in any manner, except as may be reasonably necessary to carry out the uses permitted on the Protected Property under the terms of this Grant. In no case shall surface mining of subsurface oil, gas, or other minerals be permitted. 6. Grantor shall not give, grant, sell, convey, subdivide, partition, convey in separate parcels, transfer, mortgage, pledge, lease or otherwise encumber the Protected Property without the prior written approval of Grantee which approval may be granted, denied or conditioned - including the condition that the Protected Property be sold for only nominal consideration - in the Grantee's sole discretion. 7. There shall be no operation of motor vehicles on the Protected Property for recreational purposes except as approved in Grantee’s sole discretion. However, Grantor may permit motorized personal assistive mobility devices for use by persons with mobility disabilities on the Wheeler Nature Park Conservation Restrictions Page 6 Protected Property if consistent with the Purposes of this Grant, and as may be required by 42 U.S.C. §35.137. Other non-recreational uses of motor vehicles, including ATVs, for uses consistent with the Purposes such as agriculture, wildlife and forest management, education, trail grooming, maintenance, and for safety or emergency purposes, is permitted. Notwithstanding the foregoing snowmobiling may be permitted at the discretion of the Grantor. 8. No use shall be made of the Protected Property, and no activity thereon shall be permitted which is or is likely to become inconsistent with the Purposes of this Grant. Grantor and Grantee acknowledge that, in view of the perpetual nature of this Grant, they are unable to foresee all potential future land uses, future technologies, and future evolution of the land and other natural resources, and other future occurrences affecting the Purposes of this Grant. Grantee, therefore, in its sole discretion, may determine whether (a) proposed uses or proposed improvements not contemplated by or addressed in this Grant, or (b) alterations in existing uses or structures, are consistent with the Purposes of this Grant. III. Permitted Uses of the Protected Property. Notwithstanding the foregoing, Grantor shall have the right to make the following uses of the Protected Property: 1. The right to use the Protected Property for all types of non-commercial, non- motorized recreational purposes including, but not limited to, bird-watching, cross-country skiing, fishing, hiking, hunting, snowshoeing, swimming, trapping, walking and wildlife observation consistent with the Purposes of this Grant and the Management Plan(s). Use of the Protected Property for snowmobiling, and for non-motorized, mechanized recreation such as mountain biking and by animals capable of transporting humans (including, but not limited to, horses) may be permitted in the discretion of Grantor if such uses are regulated in the Management Plans, and are consistent with the Purposes of this Grant. 2. The right to establish, maintain and use fields, orchards and pastures for agricultural and/or horticultural purposes, recreational, scenic or open space purposes and/or for the purpose of maintaining or enhancing wildlife habitat, plant habitat or scenic vistas or values on the Protected Property, provided that the initial forest clearing activity required to establish such fields, orchards, pastures, wildlife habitats, plant habitats, and/or scenic vistas is only upon the prior written approval of Grantee Grantee's approval shall not be unreasonably withheld if such clearcutting is consistent with the Purposes of this Grant and is a component of the Management Plans. 3. The right to perform non-commercial forest management activities. Further, the right to perform commercial maple-sugaring, the harvest of timber, other wood products and commercial non-timber forest products, provided that: a) all such activities are conducted in accordance with an approved Forest Management Plan meeting the requirements of Section I above; b) all such activities are conducted under the supervision of a professional forester holding a current Vermont forester license, or a forester or other land manager whose education, experience and qualifications are otherwise approved in advance by Grantee (hereinafter “Professional Forester”); and c) any maple sugaring operations shall meet or exceed the standards outlined in Wheeler Nature Park Conservation Restrictions Page 7 Sugarbush Management Standards and Tapping Guidelines for Forestland in Use Value Appraisal (adopted in 2014) or successor guidelines as determined by the Grantee. During any road construction, maintenance or harvesting and skidding of forest products, or activities associated with sugarbush management, Grantor shall employ the applicable practices recommended in the publication “Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont,” a Vermont Department of Forests, Parks and Recreation publication dated August 15, 1987 and revised effective August 11, 2018 (hereafter “AMPs”), or such successor standard approved by Grantee. Nothing in this clause shall be interpreted to require Grantor to harvest a treatment unit (as defined in Section I (C)), but only to require that any such harvest be conducted in accordance with the Forest Management Plan should Grantor elect to harvest. 4. The right to construct and maintain barns, sugar houses, or similar structures or facilities, together with necessary access drives and utilities, on the Protected Property, provided that they are used exclusively for agricultural or forestry purposes, and provided further that such construction has been approved in writing in advance by Grantee. Grantee's approval may include designation of a “complex” (meaning an area or areas of the Protected Property within which certain structures are or shall be grouped together) surrounding the structures and shall not otherwise be unreasonably withheld or conditioned, provided that the structure or facility is located in a manner which is consistent with the Purposes of this Grant. Grantor shall not deem unreasonable a condition by Grantee that certain structures must be located within a complex which may be designated in the future as provided in this Section III. 5. The right to use, maintain, establish, construct, and improve water sources, courses, and bodies within the Protected Property for uses permitted in this Grant; provided, however, that Grantor does not unnecessarily disturb the natural course of the surface water drainage and runoff flowing over the Protected Property. Grantor may disturb the natural water flow over the Protected Property to improve drainage of agricultural soils, reduce soil erosion or improve the agricultural potential of areas used for agricultural purposes, but shall do so in a manner that has minimum impact on the natural water flow and is otherwise consistent with the Purposes of this Grant and complies with all applicable laws and regulations. Prior to undertaking a streambank stabilization project or placing any structure otherwise permitted under this Grant or approved by Grantee in accordance with this Grant within rivers or streams or on the banks thereof, Grantor shall provide written notice to Grantee of their intent to do so. The construction of ponds or reservoirs shall be permitted only upon the prior written approval of Grantee, which approval shall not be unreasonably withheld or conditioned; provided, however, that such pond or reservoir is located in a manner which is consistent with the Purposes of this Grant. In addition, the following shall be designated as water protection areas: all those areas within the forested or naturally vegetated portions of the Protected Property (a.) lying within fifty feet (50’) landward of the tops of the banks of any “stream” as defined by the AMPs and (b.) all ‘significant wetlands’ and their buffers as defined by the Vermont Wetland Rules, or successor document approved by the Grantee. These areas shall move with the movement of the streams and the following goals and restrictions shall apply thereto: Wheeler Nature Park Conservation Restrictions Page 8 The principal goal for management within the water protection areas is to maintain or enhance their ecological benefits, including but not limited to water quality, soil integrity, and natural hydrology; providing important terrestrial, wetland, and aquatic habitat; and providing organic matter, nutrients, shade, and large diameter coarse woody material for the benefit of wetland, riparian, and aquatic systems. Notwithstanding anything to the contrary contained in this Section III(5), any management or use of the water protection areas shall incorporate up-to-date ecological knowledge and management practices, and shall be consistent with the principal goal above. 6. The right to maintain, repair, improve and replace existing recreational trails, together with the right to clear, construct, repair, improve, maintain and replace new trails, provided that the location, use and construction of such new trails are consistent with the Purposes of this Grant, Section III(5), and are provided for in the Management Plans. 7. The right to conduct periodic, temporary community and public entertainment events on the Protected Property, including concerts, fairs and celebrations, together with the right to erect tents and other temporary structures for such events; provided that such events shall not result in the clearing of any forested areas and provided further that such events are consistent with the Purposes of this Grant and the Management Plan. 8. The right to construct, maintain, repair and use unpaved parking lot(s) on the Protected Property, including associated access drives and utilities, together with the right to construct improvements normally associated with a parking lot. Grantor shall first obtain the prior written approval of Grantee for the location and size of such unpaved parking lots on the Protected Property, which approval shall not be unreasonably withheld nor conditioned, provided that such location and use shall be consistent with the Management Plans and the Purposes of this Grant. 9. The right to construct, maintain, repair and replace permanent or temporary structures, drives and utilities reasonably necessary to support the uses permitted by this Grant (including modest structures to support public outdoor recreation and/or public outdoor education); provided that such structures comply with the requirements of this Section III(9) and the number and location of such structures, drives and utilities are consistent with the Purposes of this Grant and the Management Plans. 10. The right to charge members of the public reasonable fees for admission to and use of the Protected Property, provided that such fees are reasonably necessary to support Grantor’s management of the Protected Property for the purposes described in this Grant. The right to charge organizations reasonable fees for recreational use of a portion of the Protected Property provided that such use does not unreasonably interfere with the access of the general public to the Protected Property. All fees charged for admission to or for the use of the Protected Property shall be consistent with the Purposes of this Grant, especially that of public access, and shall be provided for in the Management Plans. 11. The right to conduct and authorize temporary commercial and non-commercial uses of the Protected Property, provided that such uses (i) do not unreasonably interfere with the access of the general public to the Protected Property, (ii) do not materially detract from the Purposes of Wheeler Nature Park Conservation Restrictions Page 9 this Grant, and (iii) are detailed in an approved Management Plan described in Section IB of this Grant. IV. Public Access. Grantor covenants and agrees that the Protected Property shall be available to the general public for all types of non-commercial, non-motorized, non-mechanized dispersed recreational and educational purposes (including, but not limited to, bird-watching, cross-country skiing, fishing, hiking, hunting, snowshoeing, swimming, trapping, walking and wildlife observation) consistent with the Purposes of this Grant. Notwithstanding the foregoing, Grantor may limit or restrict public access to the Protected Property to assure compliance with the requirements of this Grant, to protect natural habitats, or to protect the public health or safety (including, but not limited to, the right to permit, regulate or prohibit fishing, hunting and trapping). If Grantee approves a conveyance of the Protected Property, then Grantee may also require that a separate Grant of Public Access Easement also be conveyed to Grantee in a form approved by Grantees V. Enforcement of the Covenants and Restrictions. Grantee shall make reasonable efforts from time to time to assure compliance by Grantor with all of the covenants and restrictions herein. In connection with such efforts, Grantee may make periodic inspection of all or any portion of the Protected Property, and for such inspection and enforcement purposes, Grantee shall have the right of reasonable access to the Protected Property. In the event that Grantee become aware of an event or circumstance of non-compliance with the terms and conditions herein set forth, Grantee shall give notice to Grantor of such event or circumstance of non-compliance via certified mail, return receipt requested, and demand corrective action sufficient to abate such event or circumstance of non-compliance and restore the Protected Property to its previous condition. If Grantee, in its sole discretion, determine that the event or circumstance of noncompliance requires immediate action to prevent or mitigate significant damage to the conservation values of the Protected Property as provided in the Purposes of this Grant, then Grantee may pursue their rights under this enforcement section without prior notice to Grantor. In the event there has been an event or circumstance of non-compliance which is corrected through negotiation and voluntary compliance, but which has caused Grantee to incur extraordinary costs, including staff time, in investigating the non- compliance and securing its correction, Grantor shall, at Grantee’s request, reimburse Grantee for all reasonable costs incurred in investigating the non-compliance and in securing its correction. Failure by Grantor to cause discontinuance, abatement, or such other corrective action as may be demanded by Grantee within a reasonable time after receipt of notice and reasonable opportunity to take corrective action shall entitle Grantee to bring an action in a court of competent jurisdiction to enforce the terms of this Grant and to recover any damages arising from such non-compliance. Such damages, when recovered, may be applied by Grantee to corrective action on the Protected Property, if necessary. If such court determines that Grantor has failed to comply with this Grant, Grantor shall reimburse Grantee for any reasonable costs of enforcement, including Grantee’s staff time, court costs and reasonable attorneys’ fees, in addition to any other payments ordered by such court. In the event that Grantee initiates litigation and the court determines that Grantor has not failed to comply with this Grant and that Grantee has initiated litigation without reasonable cause or in bad faith, then the Grantee who commenced the court proceedings shall reimburse Grantor for any reasonable costs of defending such action, including court costs and reasonable attorneys’ fees. Wheeler Nature Park Conservation Restrictions Page 10 Grantor is responsible for the acts and omissions of persons acting on its behalf, at its direction or with its permission, and Grantee shall have the right to enforce against Grantor for events or circumstances of non-compliance with this Grant resulting from such acts or omissions. However, as to the acts or omissions of third parties other than the aforesaid persons, Grantee shall not have a right to enforce this Grant against Grantor unless Grantor: (i) is complicit in said acts or omissions, (ii) fails to cooperate with Grantee in all respects to halt or abate the event or circumstance of non-compliance resulting from such acts or omissions, or (iii) fails to report such acts or omissions to Grantee promptly upon learning of them. Nor shall Grantee institute any enforcement proceeding against Grantor for any change to the Protected Property caused by natural disasters such as fire, flood, storm or earthquake. Grantee shall have the right, but not the obligation, to pursue all legal and equitable remedies against any third party responsible for an event or circumstance of non-compliance with this Grant and Grantor shall, at Grantee’s direction, assign its right of action against such third party to Grantee, join Grantee in any suit or action against such third party, or appoint Grantee its attorney in fact for the purpose of pursuing an enforcement suit or action against such third party. The parties to this Grant specifically acknowledge that events and circumstances of non- compliance constitute immediate and irreparable injury, loss, and damage to the Protected Property and accordingly entitle Grantee to such equitable relief, including but not limited to, injunctive relief, as the court deems just and appropriate. The remedies described herein are in addition to, and not in limitation of, any other remedies available to Grantee at law, in equity, or through administrative proceedings. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair Grantee’s rights or remedies or be construed as a waiver. Nothing in this enforcement section shall be construed as imposing a liability upon a prior owner of the Protected Property, when the event or circumstance of non-compliance shall have occurred after termination of said prior owner's ownership of the Protected Property. VI. Miscellaneous Provisions. 1. Where Grantor is required, as a result of this Grant, to obtain the prior written approval of Grantee before commencing an activity or act, and where Grantee has designated in writing another organization or entity which shall have the authority to grant such approval, the approval of said designee shall be deemed to be the approval of Grantee. Grantor shall reimburse Grantee or Grantee’s designee for all extraordinary costs, including staff time, incurred in reviewing the proposed action requiring Grantee’s approval; but not to include those costs which are expected and routine in scope. When Grantee has authorized a proposed action requiring approval under this Grant, Grantee shall, upon request, provide Grantor with a written certification in recordable form memorializing said approval. 2. It is hereby agreed that the construction of any buildings, structures or improvements, or any use of the land otherwise permitted under this Grant, shall be in accordance with all applicable ordinances, statutes and regulations of the City of South Burlington and the State of Vermont and at Grantor’s sole expense. Wheeler Nature Park Conservation Restrictions Page 11 3. Grantees shall transfer the development rights, public access easement, and conservation easement and restrictions conveyed by Grantor herein only to a State agency, municipality, or qualified organization, as defined in Chapter 34 or Chapter 155 Title 10 V.S.A., in accordance with the laws of the State of Vermont and the regulations established by the Internal Revenue Service governing such transfers. 4. In the event the development rights or conservation restrictions conveyed to Grantee herein are extinguished by eminent domain or other legal proceedings, Grantees shall be entitled to any proceeds which pertain to the extinguishment of Grantee’s rights and interests. Any proceeds from extinguishment shall be allocated between Grantor and Grantee using a ratio based upon the relative value of the development rights and conservation restrictions, and the value of the fee interest in the Protected Property, as determined by a qualified appraisal obtained at the direction of either Grantor or Grantee in the year of extinguishment. Grantee shall use any such proceeds to preserve undeveloped and open space land in order to protect the aesthetic, agricultural, cultural, educational, scientific, forestry, and natural resources of the State through non- regulatory means. 5. Without limiting the restrictions contained in Section II(6) of this Grant, in any deed or lease conveying an interest in all or part of the Protected Property, Grantor shall make reference to the conservation easement, restrictions, and obligations described herein and shall indicate that this easement and restrictions are binding upon all successors in interest in the Protected Property in perpetuity. Grantor shall also notify Grantee of the name(s) and address(es) of Grantor's successor(s) in interest. 6. The term “Grantor” shall include the successors and assigns of the original Grantor, City of South Burlington. The term “Grantee” shall include the respective successors and assigns of the original Grantee, Vermont Land Trust, Inc. 7. Grantor shall pay all real estate taxes and assessments on the Protected Property and shall pay all other taxes, if any, assessed in lieu of or in substitution for real estate taxes on the Protected Property. 8. Grantor warrants that Grantor has no actual knowledge of a release or threatened release or hazardous substances or wastes on the Protected Property. 9. During the term of Grantor’s ownership, Grantor shall hold harmless, indemnify and defend Grantees against any liabilities, claims and expenses, including reasonable attorney’s fees to which Grantees may be subjected, including, but not limited to, those arising from any solid or hazardous waste/hazardous substance release or disposal, or hazardous waste/hazardous substance cleanup laws or the actions, or inactions of said Grantor as owner or operator of the premises, or those of said Grantor’s agents. 10. Grantor and Grantees recognize that rare and unexpected circumstances could arise that justify amendment of certain of the terms, covenants or restrictions contained in this Grant. To this end, this Grant may be amended only by mutual agreement of Grantor and Grantees; provided that Grantees determine in their sole discretion that such amendment furthers or does not materially detract from the Purposes of this Grant. Amendments shall be in writing, signed by both Grantor and Wheeler Nature Park Conservation Restrictions Page 12 Grantees, and shall be recorded in the City of South Burlington Land Records. Notwithstanding the foregoing, Grantor and Grantees have no right or power to agree to any amendment that would limit the term of the Grant, or adversely affect the qualification of this Grant or the status of Grantee under applicable laws, including without limitation Title 10 V.S.A. Chapters 34 and 155, Section 170(h) and 501(c)(3) of the Internal Revenue Code, as amended, and regulations issued pursuant thereto. 11. This Grant shall be governed by and construed in accordance with the laws of the State of Vermont. In the event that any provision or clause in this Grant conflicts with applicable law, such conflict shall not affect other provisions hereof which can be given effect without the conflicting provision. To this end the provisions of this Grant are declared to be severable. Invalidation of any provision hereof shall not affect any other provision of this Grant. 12. It is further agreed that the Protected Property is accurately depicted and described in both the Wheeler Nature Park Conservation Plan and a Baseline Documentation Report (“BDR”) signed by the original Grantor on or about the date of this Grant and held by Grantee. Grantee may use the Wheeler Nature Park Conservation Plan or BDR in enforcing this Grant, but is not limited in its use of the Wheeler Nature Park Conservation Plan and BDR to show a change of conditions. INVALIDATION of any provision hereof shall not affect any other provision of this Grant. TO HAVE AND TO HOLD said granted development rights, conservation easement and restrictions, and public access easement, with all the privileges and appurtenances thereof, to the said Grantee, VERMONT LAND TRUST, INC., its respective successors and assigns, to its own use and behoof forever, and the said Grantor, CITY OF SOUTH BURLINGTON, on behalf of itself and its successors and assigns, does covenant with the said Grantee, its successors and assigns, that until the ensealing of these presents, it is the sole owner of the premises and has good right and title to convey the same in the manner aforesaid, that the premises are free from every encumbrance, except those presently of record, not intending hereby to reinstate any interest or right terminated or superseded by this Grant, operation of law, abandonment or 27 V.S.A. Ch. 5, Subch. 7; and it hereby engages to warrant and defend the same against all lawful claims whatever, except as aforesaid. I, ____________________________, duly authorized agent of the City of South Burlington, have executed this Grant on this _____ day of _______, 2024. CITY OF SOUTH BURLINGTON By:______________________________ Its Duly Authorized Agent STATE OF VERMONT COUNTY OF _____________, SS. At ____________, Vermont, on this _____ day of __________, 2024, _____________________, duly authorized agent of City of South Burlington, personally appeared and acknowledged this instrument, by said person sealed and subscribed, to be said person’s free act and deed, and the free act and deed of the City of South Burlington, before me. Wheeler Nature Park Conservation Restrictions Page 13 ___________________________________ Print Name: ________________________ Notary Public, State of Vermont Commission No. ____________________ My Commission Expires: 01/31/2025 Approved by the VERMONT LAND TRUST: ______________________ By:__________________________ Date Its Duly Authorized Agent STATE OF VERMONT COUNTY OF _____________, SS. At ____________, Vermont, on this _____ day of __________, 2024, Morgan Klimmek, duly authorized agent of the Vermont Land Trust, Inc., personally appeared and acknowledged this instrument, by her sealed and subscribed, to be her free act and deed, and the free act and deed of the Vermont Land Trust, Inc. before me. ___________________________________ Print Name: ________________________ Notary Public, State of Vermont Commission No. ____________________ My Commission Expires: 01/31/2025 Wheeler Nature Park Conservation Restrictions Page 14 ========================== SCHEDULE A PROTECTED PROPERTY Being all and the same lands and premises conveyed to Grantor by the following deeds: 1. Warranty Deed of Rena E. Calkins dated July 21, 1992 and recorded in Book 327, Page 363 of the South Burlington Land Records. a. EXCEPTING a 6.91 acre parcel, more or less, conveyed to JAM Golf, LLC by Warranty Deed of the City of South Burlington dated September 8, 2017 and recorded in Book 1390, Page 187 of the South Burlington Land Records. b. EXCEPTING a 0.34 acre parcel, more or less, conveyed to Highlands Development Company, LLC by Warranty Deed of the City of South Burlington dated September 8, 2017 and recorded in Book 1390, Page 184 of the South Burlington Land Records. Said Excepted parcels are depicted on Plat 2 of a survey entitled, “Vermont National Country Club and the City of South Burlington, South Burlington, Vermont,” by Civil Engineering Associates, Inc. dated May 26, 2017 and recorded in Map Slide 610, Page 6 of the South Burlington Land Records. 2. Warranty Deed of JAM, LLC dated September 8, 2017 and recorded in Book 1390, Page 178 of the South Burlington Land Records. Said land contains 21.88 acres, more or less, and is depicted on Plat 1 on a survey entitled, “Survey of Land Exchange Between Vermont National Country Club and the City of South Burlington South Burlington, Vermont,” by Civil Engineering Associates, Inc. dated May 26, 2017 and recorded in Map Slide 610, Page 5 of the South Burlington Land Records. Excepted and excluded from this description of the Protected Property is a eleven and one-half (11.5), more or less, acre parcel more particularily described as follows, all bearings referene grid north: Beginning at a point marking the intersection of the easterly sideline of the Dorset Street right of way (assumed 3 rod width) and the northerly sideline of the Park Road right of way (assumed 3 rod width), thence turning and proceeding In a generally northerly direction, 1,670 feet more or less, along the easterly sideline of the Dorset Street right of way to the southerly sideline of the Swift Street right of way (assumed 3 rod width); thence turning and proceeding In a generally easterly direction, 300 feet along the southerly sideline of the Swift Street right of way; thence turning and proceeding North 81º East, 130 feet more or less, along a southerly boundary of lands n/f City of South Burlington; thence turning and proceeding South 9º East, 1,050 feet more or less, along the Protected Property; thence turning and proceeding South 74º West, 50 feet more or less, along the Protected Property to a northerly boundary of lands n/f City of South Burlington; thence turning and proceeding Wheeler Nature Park Conservation Restrictions Page 15 Westerly, southwesterly, and southerly, in a counter clockwise direction around lands n/f City of South Burlington to a point on the norhterly sideline of the Park Road right of way; thence turning and proceeding In a westerly direction, 40 feet more or less, along the northerly sideline of the Park Road right of way to the point of beginning. Meaning and intending to include in this description of the Protected Property all of the land with the buildings and improvements thereon lying south of Town Highway #136 (also known as Swift Street) and east of Town Highway #6 (also known as Dorset Street), in the City of South Burlington, Vermont, and generally described as containing 104.8 acres, more or less. The original Grantor, City of South Burlington, for itself and their successors and assigns, have excluded the above-described parcel of land from the Protected Property for possible future development and subdivision but have not obtained the requisite regulatory permits and approvals for any development or subdivision. Grantor, together with their successors and assigns, assume all risk that: (1) the zoning and subdivision regulations of the City of South Burlington, as may now be in effect or as may be hereafter enacted or amended; and (2) the laws and regulations of the State of Vermont, including but not limited to Act 250 and the Department of Environmental Conservation Wastewater System and Potable Water Supply Rules, may render the excluded parcel undevelopable or unusable for development or subdivision presently contemplated or as may be contemplated in the future. Grantor acknowledges that there are legal constraints on Grantees’ ability to alter the excluded parcel in a manner that impacts the Protected Property. In no event shall the Grantees be obligated to amend this Grant or otherwise approve an alternative size, shape or location of the excluded parcel in order to comply with any local or state legal or regulatory requirement for the development, subdivision and use of the excluded parcel or to otherwise enable the development, subdivision or use of the excluded parcel. NOTICE: Unless otherwise expressly indicated, the descriptions in this Schedule A and in any subsequent Schedules are not based on a survey or subdivision plat. The Grantor and Grantee have used their best efforts to depict the approximate boundaries of the Protected Property and any excluded parcels, complexes or special treatment areas on a plan entitled “Vermont Land Trust - Wheeler Nature Park Property, City of South Burlington, Chittenden County, VT, October 2024” signed by the Grantor and Grantee (referred to throughout this Grant and its Schedules as “Wheeler Nature Park Conservation Plan”). The Wheeler Nature Park Conservation Plan is based upon Vermont Base Map digital orthophotos and other information available to Grantee at the time of the Plan’s preparation. Any metes and bounds descriptions included in the Schedules herein are approximate only. They are computer generated and are not the result of field measurements or extensive title research. The Wheeler Nature Park Conservation Plan and any metes and bounds descriptions herein are intended solely for the use of the Grantor and Grantee in establishing the approximate location of the areas described and for administering and interpreting the terms and conditions of this Grant. No monuments have been placed on the ground. The Wheeler Nature Park Conservation Plan is kept by Grantee in its Stewardship Office. The Wheeler Nature Park Conservation Plan is not a survey and must not be used as a survey or for any conveyance or subdivision of the land depicted thereon. Wheeler Nature Park Conservation Restrictions Page 16 Grantor and Grantee do not intend to imply any limitation on the area of land included in this description, should a survey determine that additional land is also encumbered by the Grant. If, in the future, the Grantor or Grantee shall prepare a survey of the Protected Property, of any portion thereof, or of any excluded lands, and that survey is accepted by the other party or confirmed by a court, the descriptions in the survey shall control. Reference may be made to the above-described deed and record, and to the deeds and records referred to therein, in further aid of this description. BASELINE DOCUMENTATION REPORT WHEELER NATURE PARK PROPERTY South Burlington, Vermont VLT Project Number: 131828 Prepared by: Vermont Land Trust 8 Bailey Ave Montpelier, VT 05602 (802) 223-5234 Wheeler Nature Park Property ◆ South Burlington, Vermont 2 Vermont Land Trust ■ Conservation Stewardship The Land Protection Program is staffed by a vice president for land protection, conservation and stewardship project directors, GIS and legal staff, as well as staff foresters and ecologists. The responsibilities of the Land Protection Program involve conserving land by establishing and stewarding conservation easements. This includes developing conservation easements, maintaining the land related records, tracking changes in land ownership, monitoring conserved properties at least annually, photo-documenting land uses periodically, answering landowner questions, interpreting or approving permitted activities, and correcting violations through voluntary compliance or, if necessary, legal proceedings. Stewardship staff also support landowners as stewards of their land by offering information and advice on sound and sustainable uses of conserved properties. This Report Contains the Following Information: • Introduction and description of the current uses of the property • Summary of Grantor and Grantee rights • References • Signature pages • Conserved property location map • USGS topographic map • Orthophoto map • Conservation Easement map • Photopoint map • Photographic documentation Wheeler Nature Park Property ◆ South Burlington, Vermont 3 WHEELER NATURE PARK PROPERTY South Burlington, Vermont Introduction The purpose of this report is to describe the physical features and current land uses of the Wheeler Nature Park Property on which the development rights, a perpetual conservation easement and restrictions, and a public access easement are being conveyed to the Vermont Land Trust, Inc. (VLT). The Grant conveying these rights will be recorded in the South Burlington Land Records. This report is based, in part, on documentation visits by Rebecca Roman (Project Director) for the Vermont Land Trust on April 27, 2022, May 5, 2022 and April 2, 2024. Tucker Malone (Project Director) was present during the April 2022 visit. Rebecca assembled the report and digital photographs; maps were prepared by Rebecca and VLT GIS staff. Purposes of the Grant The principal purpose of the easement is a to conserve productive forestland, wildlife habitats, biological diversity, natural communities, riparian buffers, wetlands, soil productivity, water quality and native flora and fauna on the protected property and the ecological processes that sustain these natural resource values; to provide for non- motorized, non-commercial recreational, and educational use; to conserve open space values, and scenic resources; and to enlist public guidance in management planning. The purposes of the Grant will be advanced by conserving the property because it possesses the following attributes: • includes 37 acres of forest available for long-term sustainable management for the production of forest products; • is considered by city residents to be an important property in South Burlington for maintaining the beauty, unique rural Vermont character and strong sense of place for community residents; • 2,740 feet of frontage on Swift Street and Park Road, public; • can be used for numerous recreational, cultural and educational purposes by the city, its schools, and the community; • streams, including headwater streams of Potash Brook, that, with wooded buffers and natural flow, provide an array of ecological benefits, including maintaining water quality and providing corridors for species movement; • wetlands, including open, shrub, forested, seepage, and riparian wetlands; and • additional wetland, upland, and riparian habitat for wildlife. Wheeler Nature Park Property ◆ South Burlington, Vermont 4 Description and Current Use of the Property Property Overview The City of South Burlington is conserving ±104.8 acres in South Burlington. The city purchased the property in 1992 with the intention to maintain natural areas in the city. The park has had many names, including the Calkins Property and Dorset Park Natural Area. In 2010, the city’s Natural Resource Commission settled on the name Wheeler to reflect the property’s and the city’s history. The Wheeler Nature Park is the largest natural area in South Burlington, and is centrally located in the town, offering recreational access to abutting neighborhoods, South Burlington community members, and visitors from neighboring towns. The property consists of about 68 acres of open land and about 37 acres of forestland with trails weaving throughout the landscape. Since the property has been managed since the 1990’s, the trail system is well developed with signage, boardwalks, stream crossings, and bridges. There are multiple access points to the property for its many local visitors, including parking at the Homestead along Dorset Street, a gravel lot along Swift Street, and pedestrian access points from Swift Street near the housing development. There is additional access and a small parking area along Park Road, and from the town bike path that crosses the property leg in the southeast corner. There is evidence of historical farming in the open grassland areas, but the open land has not been significantly farmed in some time. The city plans to manage the grasslands for early successional habitat, haying the fields during specific times of the year. There was a fair amount of boundary evidence observed, including corner pins, an old stone wall in the old sugarbush, and road frontage along Swift Street and Park Road. There are no boundary markers currently delineating the excluded Homestead. Two right of way (ROW) easements exist on the protected property for stormwater management. One for the retention pond serving the abutting golf course, and another for a future development on the southwest corner along Park Road. Management Plans The town is required to develop a comprehensive management plan including updates, revisions and amendments. The management plan will present a plan for the use and management of the property that is consistent with the easement’s purposes, and will balance all the resource attributes and human use of the protected property. The town shall solicit public input from residents of South Burlington and the general public. The management plan should be developed in a timely and responsive manner and VLT shall be provided a copy of each management plan and a copy of each final adopted management plan. Because the town has managed the property since 1992, a management plan was already in place. At the time of conservation, VLT approved the Wheeler Nature Park Management Plan, adopted May 2015. Wheeler Nature Park Property ◆ South Burlington, Vermont 5 Before any active timber harvesting, sugaring, or other forestry activities may take place, the town must submit a forest management plan (FMP) to VLT for review and approval. The forest management plan must be updated every ten years and any amended or updated plan must be submitted to VLT for approval before commencing any activities prescribed in the plan. Amendments are required for any proposed change in the treatments prescribed in the approved plan, but no amendment is needed for changes in timing of treatments unless the change is greater than five years. For more information on requirements for the management plans, refer to Section I, B&C of the easement. Natural Resources The South Burlington Natural Resource Committee identified five management areas on the protected property: Core Forest, Peripheral Forest, Grasslands, Shrublands and Wetlands. The Core Forest is along the southeastern boundary as two forest stands. A larger old sugarbush with some old sugar maples dominating the canopy. And a smaller white pine stand in the southeast. The Peripheral Forest borders the two aforementioned stands with young red cedars, and hardwoods, including shagbark hickory. The shagbark hickory is an important species that supports wildlife with food and habitat. The Grasslands and Shrublands are the open haylands and early successional areas respectively. The Wetland areas contain tributaries of Potash Brook. The riparian areas along Potash Brook are largely forested, providing existing buffers and protecting the water quality of this important resource. To protect all important stream and wetland resources of the property, the easement designates water protection areas within all naturally vegetated areas 50 feet landward from the top of the bank of any stream as defined in the Vermont Acceptable Management Practices for Maintaining Water Quality on Logging Jobs (AMPs) and 50 feet landward of all significant wetlands as defined by the Vermont Wetland Rules (or successor document). For a detailed description of the function and restrictions of the water protection areas, refer to Section III-5 of the easement. The Vermont Conservation Design (2015), a landscape-level conservation prioritization from Vermont Land Trust and the Vermont Agency of Natural Resources, considers the streams on this property to be Highest Priority Surface Waters and Riparian Areas providing Riparian Wildlife Connectivity. All of these features provide critical ecological function on a statewide level. Inventory of Existing Structures The following structures are located on the protected property • trail stairs, boardwalks and signage (photos #1, 3, 5, 7, 8, 16, 27, 29) Excluded Parcels The Wheeler Park Homestead is excluded from the terms of the easement to allow for the unrestricted use of this area and its future development, subdivision and separate conveyance. VLT is not obligated to increase the size or change the configuration of these excluded parcels or alter the Grant to comply with zoning, subdivision or other Wheeler Nature Park Property ◆ South Burlington, Vermont 6 governmental regulation in order for the landowner to develop and use the excluded parcel. Summary of Grantor1 Rights and Restrictions Conservation rights and restrictions allow the protected property to be used for forestry, education, non-commercial recreation, and open space purposes. For the specific restricted and permitted uses included in the easement, refer to the Grant of Development Rights, Conservation Restrictions, and Public Access Easement (referred to as the Grant or easement throughout this document). Summary of Grantee2 Rights The Grantees’ primary intent is to conserve and protect productive agricultural and forestry uses, and secondarily to encourage sustainable management of soil resources. Other goals in conserving this property include promoting non-commercial recreational opportunities and activities and other natural resource and scenic values of the protected property for present and future generations. Aside from holding the development rights on the protected property, the Grantee has the right to periodically monitor the property and enforce the Conservation Restrictions. This is a summary of the Grantor and Grantee legal rights. For a complete description of these rights, refer to the easement. References • Grant of Development Rights, Conservation Restrictions, and Public Access Easement, Wheeler Nature Park Property, 2025 • Ecological Report, Wheeler Nature Park Property, Allaire Diamond, Ecologist for VLT, July 28, 2021. • Survey of Wheeler Nature Park property: • "Survey of Land Exchange Between Vermont National Country Club and the City of South Burlington, South Burlington, Vermont" Sheet P2, prepared by Civil Engineering Associates, Inc., dated May 26, 2017, last revised September 6, 2017, and recorded in Map Slide 610, Page 6. • A survey entitled survey map entitled "Oak Creek Village, TDR Area Delineation” prepared by Fitzpatrick-Llewelleyn Incorporated, dated May 1993. • Wheeler Nature Park Management Plan, South Burlington Natural Resources Committee, May 2015. 1Grantor is the City of South Burlington, its successors and assigns. 2Grantee is the Vermont Land Trust, Inc., its successors and assigns. Wheeler Nature Park Property ◆ South Burlington, Vermont 7 Wheeler Nature Park Property ◆ South Burlington, Vermont 8 I, ____________________, duly authorized agent of CITY OF SOUTH BURLINGTON, have signed this Baseline Documentation Report with the understanding and agreement that this Report will be used for, but its use will not be limited to, monitoring the property depicted and described in this Report for compliance with the Grant of Development Rights, Conservation Restrictions, and Public Access Easement, signed by me. I have read this Report and understand it. I agree that this Report, including the maps and photographs, accurately describes and depicts the physical features, relevant site conditions, and current structures and land uses on the property conserved by the Grant. I affirm that there are no activities ongoing on the property that are inconsistent with the Grant. CITY OF SOUTH BURLINGTON By:______________________________ Its Duly Authorized Agent ________________________________ Date STATE OF VERMONT _______________________COUNTY, ss At ____________, Vermont, on this _____ day of __________, 2024, _____________________, duly authorized agent of City of South Burlington, personally appeared and acknowledged this instrument, by said person sealed and subscribed, to be said person’s free act and deed, and the free act and deed of the City of South Burlington, before me. Before me, ________________________________ Print Name: Notary Public, State of Vermont Commission No: My Commission Expires: 01/31/2025 Wheeler Nature Park Property ◆ South Burlington, Vermont 9 I, MORGAN KLIMMEK, duly authorized agent of the VERMONT LAND TRUST, INC., have signed this Baseline Documentation Report with the understanding and agreement that this Report will be used for, but its use will not be limited to, monitoring the property depicted and described in this Report for compliance with the Grant of Development Rights, Conservation Restrictions, and Public Access Easement, about to be executed. I affirm that VLT staff visited this property and that this Report including the maps and photographs accurately describes and depicts the physical features, relevant site conditions, and current structures and land uses on the property conserved by the Grant. VERMONT LAND TRUST, INC. By: ______________________________ Its Duly Authorized Agent _______________________________ Date STATE OF VERMONT ___________________ COUNTY, ss At ____________________, this ______ day of ________________, 2024, MORGAN KLIMMEK, duly authorized agent of the VERMONT LAND TRUST, INC., personally appeared and she acknowledged this instrument, by her sealed and subscribed, to be her free act and deed and the free act and deed of the VERMONT LAND TRUST, INC. Before me, ________________________________ Print Name: Notary Public, State of Vermont Commission No: My Commission Expires: 01/31/2025 Property Address and Access Notes: TL TL TL D D D D TL D D D D D !(!(!(!( #* !( !(#* !( #* !( !(!(#* #* !( !( !( !( #* !( !( !( !( !( #* !( !( !( !( !( #* !( !( !( #*!( !( !( #* #* !( #* !( #* #* !( !( !( !( #* !( !( !(!( !( !( #* !( #* !( !( !( !( !( !( !( #* Shelburne FarmsShelburne Farms HubbardHubbard Shelburne FarmsShelburne Farms/Southern/Southern Demeter Fund/Demeter Fund/Nordic FarmsNordic Farms IshamIsham Siple FarmSiple Farm PizzagalliPizzagalli McCabes/ClarkMcCabes/Clark Tiballi-SternTiballi-Stern ButtonButton McKayMcKay ShelburneShelburnePartnershipPartnership UlmerUlmer ThibaultThibault O'NeilO'NeilEstateEstate Plouffe/Plouffe/BeldockBeldock Centennial WoodsCentennial Woods SadlerSadler LyonsLyons FellowsFellows Black WalnutBlack Walnut DemeterDemeter GarveyGarvey EddyPEddyP Swenson Land & CattleSwenson Land & Cattle Hill R&JHill R&J JohnsonJohnsonEstateEstate MailleMaille IntervaleIntervale Pheasant HillPheasant Hill LaFreniereLaFreniere Russell Family TrustRussell Family Trust LissarragueLissarrague Boissoneault, J&JBoissoneault, J&J RolandRoland LandvaterLandvater O'Brien PO'Brien P LeducLeduc BarrBarr WhitcombWhitcombFamily IIFamily II Mud Pond ParkMud Pond Park Thibault N&RThibault N&R Nordic HolsteinsNordic Holsteins ConantConant Pine Island FarmPine Island Farm Parker, B&JParker, B&J WhitcombWhitcombFamilyFamily BurnettBurnett BruceBruce Garvey IIGarvey II BurlingtonBurlingtonCollegeCollege Auclair EstateAuclair Estate WildWildTurkeyTurkeyDivideDivide Texas Hill HighRock MountPritchard LoneTreeHill Dow Hill Brownell Mountain Yantz Hill 360 500 840 1160 1580 1160 1240 E S S E XESSEX S H E L B U R N ESHELBURNE W I L L I S T O NWILLISTON S O U T HSOUTHBURLINGT O NBURLINGTON S T . G E O R G EST. G E O R G E Burlington SouthBurlington Winooski North Williston Williston Essex CenterButtlers Corners Starr FarmBeach ColchesterMalletts Bay Mechanicsville Essex Junction Pages Corner Shipman Hill Rhode Island Corner KirbyCorner Shelburne Falls Queen CityPark Shelburne Lower Pond Shelburne Bay Appletree Bay Burlington Bay ShelburnePond Lake Iroquois Pine Island Meach Island Derway Island Juniper Island CAMP JOHNSON SHELBURNE PONDNATURAL AREA COLCHESTER BOGNATURAL AREA HALFMOON COVE WMA ?@289 ?@116 ?@2A ?@128 ?@15 ?@117 ?@15 ?@15 £¤7 £¤7 £¤7 §¨¦89 1:100,000 Property: Wheeler Nature Park Location: So. Burlington, VT 8 Bailey Avenue Montpelier, VT 05602 Locator Map I Wheeler Nature Park Address: 1715-1797 Swift St, South Burlington, VT 05403Within the exclusion, there is a parking lot for visitors at the trailhead. Property: Wheeler Nature Park Location: So. Burlington, VT Topographic Map USGS 7.5 Minute Quadrangles: Burlington (2012) 1. Vermont Agency of Natural Resources, 1997, revised 2008. Deer Wintering Areas in Vermont. 2. Vermont Agency of Natural Resources, 2011. Vermont Significant Wetlands Inventory. 3. Vermont Nongame and Natural Heritage Program, Vermont Department of Fish and Wildlife. 2018. The Biological and Conservation Data System, Rare Species and Significant Natural Community Digital Data Set. Waterbury, Vermont. 8 Bailey Avenue Montpelier, VT 05602 1:24,000Scale:Nongame & Natural Heritage Element Occurence Type³ Animal Community Plant Subject Property Deer Wintering Areas¹ Wetlands (VSWI)²¹ DOR SET S T S W I F T S T PARK RD GOLF C OURSE RD B UT LER D R H OLBROOKRD OLD CROSS RD FAIRWA Y D R IRI S L N MO S S GL EN L N T A B O R P L BRA ND FARM DR I Property: Wheeler Nature Park Location: So. Burlington, VT 8 Bailey Avenue Montpelier, VT 05602 Orthophoto Map 1:7,000Scale: 0 100 200 300 40050Meters 0 300 600 900 1,200150Feet Excluded Land Protected Property THIS MAP IS NOT A SURVEY This map is not a survey or subdivision plat, and should not be used or construed for such purposes. It was prepared without the benefit of field measurements or extensive title research. It is intended solely to assist the owner(s) of the conserved land and the holder(s) of the conservation easement in the admin- istration and interpretation of the conservation easement by clearly depicting the presumed boundaries of the protected property, calculating the approximate acreages, and showing the approximate locations of any excluded lands, farmstead or homestead complex, farm labor housing complex, or special treatment areas. 9 8 7 6 5 43 2 1 35 34 3332 31 30 292827 26 25 24 23 22 2120 19 1817 16 1514 13 12 11 10 Property: Wheeler Park Location: So. Burlington, VT 8 Bailey Avenue Montpelier, VT 05602 Photopoint Map I 1:6,500 THIS MAP IS NOT A SURVEY This map is not a survey or subdivision plat, and should not be used or construed for such purposes. It was prepared without the benefit of field measurements or extensive title research. It is intended solely to assist the owner(s) of the conserved land and the holder(s) of the conservation easement in the admin- istration and interpretation of the conservation easement by clearly depicting the presumed boundaries of the protected property, calculating the approximate acreages, and showing the approximate locations of any excluded lands, farmstead or homestead complex, farm labor housing complex, or special treatment areas. PHOTOGRAPHIC DOCUMENTATION Wheeler Nature Park So. Burlington, VT Baseline Documentation Report Vermont Land Trust Photo 1 Subject: Park entrance from exclusion. Photo 2 Subject: Open field along northern boundary trail (left). Photo 3 Subject: Swift St. road frontage and park access. Photo 4 Subject: Wetlands. Photo 5 Subject: Bridge for stream crossing. Photo 6 Subject: Shrub wetland area. PHOTOGRAPHIC DOCUMENTATION Wheeler Nature Park So. Burlington, VT Baseline Documentation Report Vermont Land Trust Photo 7 Subject: Trail boardwalk through wetlands. Photo 8 Subject: Trail junction. Photo 9 Subject: Mixed hardwood and maple forest. Photo 10 Subject: White pine forest. Photo 11 Subject: Potash Brook. Photo 12 Subject: Tributary of Potash Brook. PHOTOGRAPHIC DOCUMENTATION Wheeler Nature Park So. Burlington, VT Baseline Documentation Report Vermont Land Trust Photo 13 Subject: Paved recreational path. Photo 14 Subject: Paved recreational path; Park Road frontage. Photo 15 Subject: Paved path the through woods. Photo 16 Subject: Viewpoint pause place. Photo 17 Subject: Park Road frontage. Photo 18 Subject: Trail access from Park Road. PHOTOGRAPHIC DOCUMENTATION Wheeler Nature Park So. Burlington, VT Baseline Documentation Report Vermont Land Trust Photo 19 Subject: Trail and stone wall boundary. Photo 20 Subject: Wetland. Photo 21 Subject: Spur trail accessing the property. Photo 22 Subject: Perennial stream. Photo 23 Subject: Corner marker under the shrubs. Photo 24 Subject: Open shrubland. PHOTOGRAPHIC DOCUMENTATION Wheeler Nature Park So. Burlington, VT Baseline Documentation Report Vermont Land Trust Photo 25 Subject: Water access point. Photo 26 Subject: Spur trail accessing the property. Photo 27 Subject: Boundary marker stake; neighbor’s fenced garden on protected property (left). Photo 28 Subject: Golf course retention pond. Photo 29 Subject: Boundary marker stake; neighbor’s bonfire pit on protected property. Photo 30 Subject: Trail to pond. PHOTOGRAPHIC DOCUMENTATION Wheeler Nature Park So. Burlington, VT Baseline Documentation Report Vermont Land Trust Photo 31 Subject: Property boundary field. Photo 32 Subject: Paved path through property. Photo 33 Subject: Paved path and access to property from Butler Drive. Photo 34 Subject: Neighbor mowed area on protected property. Photo 35 Subject: Neighbor mowed area on protected property. Wheeler Nature Park Management Plan Interim Addendum September 2024 Table of Contents I. Introduction ......................................................................................................... 3 II. Existing Resources and Infrastructure ................................................................. 5 A. Land Cover ............................................................................................................... 5 B. Natural Resources ..................................................................................................... 5 C. City Infrastructure .................................................................................................... 7 III. Management and Maintenance Needs .................................................................. 9 A. Non-Native Invasive Species ..................................................................................... 9 B. Emerald Ash Borer .................................................................................................... 9 C. Wetlands ................................................................................................................... 9 D. Trails and Infrastructure ........................................................................................... 9 List of Figures Figure 1: Wheeler Nature Park Map ..................................................................................... 4 Figure 2: Natural Resource Map ........................................................................................... 6 Figure 3: Existing Infrastructure Map .................................................................................. 8 3 I. Introduction Wheeler Nature Park (Park) is a roughly 115-acre park owned by the City of South Burlington (City) and is situated between Dorset Street, Swift Street, Park Road, Vermont National Country Club (VNCC), and the Butler Farms neighborhood. The land was purchased by the City of South Burlington in 1992 and contains a network of public trails and wetland, grassland, and forested areas. There is a Homestead, Community Garden, and Dog Park located in the northwest corner of the parcel. The northern 94 acres are the subject of the May 2015 Management Plan1 which was approved by the City’s Natural Resources Committee. This 2024 Interim Addendum (IA) serves as the plan for managing the southeasterly 21 acres of the Park. A map of the parcel is provided in Figure 1. This IA provides a summary of the existing natural resources and infrastructure and guidance for the ongoing care and stewardship of the Park. The portion of the Park included in this IA is currently in the Southeast Quadrant’s Natural Resource Protection (NRP) zoning district. The northern section of the 21 acres also falls into a Habitat Block Overlay District. Under the City’s most recent Land Development Regulations (LDRs)2, effective December 11, 2023, land within the NRP district may be developed only four allowable manners, one of which being a subdivision and/or conveyance to the City or to a qualified land trust as dedicated open space. Construction of residences or other structures is highly restricted to protect these high- priority natural lands. The Habitat Block Overlay provides even further protection of natural resources. This IA intends to: x Characterize existing natural resources and infrastructure, x Provide guidance for management of wetlands, non-native invasive species, and public use, x Outline currently planned infrastructure projects, and x Help ensure the land is properly stewarded and the public is afforded access to a healthy and sustainable natural environment. Approximately 105 acres of the Park will be subject to a conservation easement held by Vermont Land Trust, with approximately 11.5 acres excluded around the Homestead area. The 2015 Plan and this IA do not fully lay out the conservation restrictions to be conveyed on the property and the management of Park in that context, which will be fully incorporated into the next update to the overall Wheeler Nature Park Management Plan. 1 https://cms6.revize.com/revize/southburlington/document_center/RecsParks/Wheeler_Nature_Park_Mgmt_Pl an_APPROVED_20150506.pdf 2 https://www.southburlingtonvt.gov/departments/planning_and_zoning/regulations_and_planning_document s.php 4 Figure 1: Wheeler Nature Park Map 5 II. Existing Resources and Infrastructure A. Land Cover The area covered under the IA is primarily made up of grasslands and upland shrubs and forbs. There is also a paved recreation path and a portion of a stormwater treatment practice which is within an easement granted by the City to the adjacent property owner. Typical grassland and upland shrub area in Wheeler Park with informal walking trails There are numerous abutting parcels to the east of the 21 acres, and there have been low-impact encroachments such as mowing onto the Park property. The City has recently installed boundary markers to clearly indicate this boundary of the Park and reduce issues in the future. B. Natural Resources Figure 2 shows that the primary natural resource within the Park area covered by the IA is a 205-acre habitat block which encompasses much of this area and extends north into the rest of the Park. The habitat block within this area is identified by Vermont’s BioFinder3 as a high priority geologic diversity block and a priority interior forest block. Within the grassy and shrub areas, wetlands are likely present but have not been delineated. The wetland that is shown within the Park in Figure 2 is a stormwater pond but is classified in the Vermont Significant Wetland Inventory (VSWI), which is a supplemental rather than regulatory inventory, as a wetland. 3 https://anrmaps.vermont.gov/websites/BioFinder/ 6 Figure 2: Natural Resource Map 7 C. City Infrastructure The City owns and maintains only the ten-foot wide paved recreation path which connects Butler Drive and Golf Course Road. The path is primarily located within an easement on the private property to the west, owned by JAM Golf, LLC. As part of a decision by the City’s Development Review Board (DRB), an agreement was made that JAM Golf will relocate north-south piece of the path to the east onto the Park property at their own expense. This decision and agreement pre-dates this IA and the design and construction is forthcoming. Following the relocation of the path into the Park, the City is responsible for typical maintenance activities such as pavement improvements and mowing approximately five feet on either side of the path. The new location of the path will be consistent with the conservation easement, and all state wetland regulations and requirements. Paved recreation path connecting the Butler Farms and Golf Course Road neighborhoods There is a stormwater treatment practice (STP) and an associated drainage network (i.e., pipes, pump station, outfall, etc.) within the Park boundary but is entirely within an easement granted to JAM Golf at the time of the property transfer to the City to expand Wheeler Park. This easement allows for JAM Golf to maintain and improve the stormwater infrastructure within their easement without permission or concurrence from the City. If the easement is updated, amended or changed in some way, it will require review and approval by VLT, in accordance with the conservation easement. Figure 3 shows the existing infrastructure and easements within and adjacent to the Park. The relocated path alignment is not shown on this map but is expected to run parallel and directly adjacent to the east of the parcel boundary. 8 Figure 3: Existing Infrastructure Map 9 III. Management and Maintenance Needs The management needs of the portion of the Park in this IA will be very similar to those presented in the 2015 Management Plan and that document should be consulted when planning management and maintenance tasks. Below is a brief summary of some of the key tasks that will need to be undertaken. A. Non-Native Invasive Species The area is generally a healthy shrubbed area but includes some non-native invasive species which will require ongoing management. These species should be regularly identified, removed, and control measures put in place. This can be in tandem with the non-native invasive species management work occurring in the rest of Wheeler Park. B. Emerald Ash Borer The City has an ongoing management effort for Emerald Ash Borers (EAB) which includes a combination of replacement and treatment injection of street trees. The presence of EABs has been confirmed within South Burlington and the Park will need additional identification of ash trees to prevent the spread of the pest. Ash trees have not yet been inventoried in the Park, nor has a mitigation plan been developed. A mitigation plan, likely to include the removal and replacement of ash trees, must be made to ensure the health of the surrounding trees and woodlands. C. Wetlands Wetlands are a vital natural resource and with this area being located in the Potash Brook watershed, an impaired watershed, the health of wetlands is even more important so that runoff can be infiltrated and its pollutants filtered, as well recycling nutrients within the surrounding landscape. To protect the health and effectiveness of the wetlands, they should be buffered by native non-invasive plants, other erosion prevention measures implemented, and water quality testing can occur periodically. D. Trails and Infrastructure Informal walking trails are present within this portion of the Park and may be maintained to provide passive recreation opportunities. These trails are mainly used by people in the adjacent neighborhoods to access the rest of the Park or the paved shared use path. The shared use path is maintained by the City, and this will continue. Routine maintenance such as plowing, crack sealing, and mowing a small area on both sides of the path is typical for this area. No salt is used during winter maintenance on the path. The STP is maintained by VNCC and is accessed for maintenance activities from their property to the west. 10 Approved: ______________________________________ City of South Burlington Date ______________________________________ Vermont Land Trust Date Contacts Rebecca Roman Project Director Vermont Land Trust PO Box 850 Richmond, VT 05477 rroman@vlt.org (802) 735-6731 Jessie Baker City Manager City of South Burlington 180 Market Street South Burlington, VT 05403 jbaker@southburlingtonvt.gov (802) 846-4107 Rebecca Roman Digitally signed by Rebecca Roman DN: cn=Rebecca Roman, o=Vermont Land Trust, ou, email=rroman@vlt.org, c=US Date: 2024.09.23 16:54:25 -04'00' MEMORANDUM To: Jessie Baker, City Manager From: Ilona Blanchard, Community Development Director CC: Colin McNeil, City Attorney Tom DiPietro, Public Works Director Date: October 16, 2024 Re: Accept QHC Lot 3 LLC (Quarry Hill) Warranty and Burlington U Mall Owner LLC Deed of Easement Deeds for the Pedestrian and Bicycle Bridge over I-89 at Exit 14 and authorize the City Manager to execute a license agreement with Champlain Water District. QHC Lot 3 LLC (Quarry Hill) and Burlington U Mall Owner LLC have provided easements as laid out in the attached deeds for the South Burlington Pedestrian and Bicycle Bridge over I-89 as shown on the attached Right of Way Plans for Parcel #2 and #4 dated September 3, 2024. The City is wrapping up design and engineering of this project and requires these easements for the purpose of construction of a pedestrian and bicycle bridge and associated paths. Benjamin L. Gould, Esq., attorney at Paul Frank + Collins, conducted a title search of the property rights to be acquired by the City and has indicated that the City may now accept the easement deeds from QHC Lot 3 LLC and Burlington U Mall Owner LLC in a memo dated October 15, 2024. Tom DiPietro, Public Works Director, has reviewed the easement deeds and found them to be acceptable in an e-mail dated October 16, 2024. Therefore, these easements are ready for the Council to accept. The City has also negotiated a License Agreement to conduct work and own infrastructure within an easement held by Champlain Water District (Parcel #7) on the U-Mall (Parcel #4) and on the Larkin Family Partnership property (west of the Comfort Inn, Parcel #5). Attachments: •Warranty Deed of Easement from QHC Lot 3 LLC (Parcel #2) •Deed of Easement from Burlington U Mall Owner LLC (Parcel #4) •License and Agreement from CWD (Parcel #7 pertaining to land within Parcel #4 and #5) •Right of Way Plans September 2024 with Parcel #2, #4 and #7 indicated Recommended Action: Recommended Motion: “Accept the warranty deed of easement from QHC Lot 3 LLC dated October 2, 2024 and the deed of easement from the Burlington U Mall Owner LLC dated July 23, 2024 and authorize the City Manager to execute the License and Agreement to Indemnify and Hold Harmless with the Champlain Water District.” LICENSE AND AGREEMENT TO INDEMNIFY AND HOLD HARMLESS Champlain Water District, a municipal corporation in the County of Chittenden, State of Vermont (hereinafter “CWD”) grants the City of South Burlington, a Vermont municipality (“Licensee”) a license (“License”) for the purposes and on the terms and conditions set forth in this License within CWD’s existing easements that were recorded in the City of South Burlington Land Records on May 13, 1991 in Volume 309, Pages 403-406 (“CWD Easement #1”) and March 29, 1991 in Volume 303, Page 378-379 (“CWD Easement #2”) (collectively referred to herein as “CWD Easements”). Licensee acknowledges that CWD is only granting herein a license and is not granting easements rights. WHEREAS, the CWD Easements grants CWD a permanent 20 foot easement to lay, maintain, repair, and replace water transmission lines (referred to as the “CWD Easement Area”); consistent with the rights granted to CWD under the CWD Easements, CWD owns, operates, and maintains an existing 24-inch ductile iron waterline that runs along the east side of Interstate 89 North through properties located at 5 Dorset Street and 155 Dorset Street in the City of South Burlington; WHEREAS, the Licensee plans to construct a new 10 foot wide shared used path, landscaping, and expand the stormwater drainage system and appurtenances (the “Project”) in the same location as generally depicted on design and landscape plans or any other plans or drawings that relates to the CWD Easement Area (Exhibit 1) (“Project Plans”) titled “City of South Burlington, Proposed Improvement East-West Crossing, Contract Plans, Project Number RAIZ(1)”, with the complete set of plans incorporated by reference into this Agreement parts of which will occur on the surface in the same location as the CWD Easements, and this Agreement involves only that portion of the Project within the CWD Easements; WHEREAS, the shared use path is designed to accommodate a variety of non-motorized users, including walker, bicyclists, joggers, people with disabilities, skaters, and pets. WHEREAS, CWD must retain complete easement rights in this Easement Area in the City of South Burlington, but can provide Licensee with a license and temporary construction rights within this portion of CWD’s Easement Area to access, install, maintain, and repair the Licensee’s new shared use path; NOW, THEREFORE, 1. Grant of Rights. (a) CWD hereby grants Licensee a License to use, occupy, and access a portion of the CWD Easements (herein referred to as the “Licensed Area”) in the City of South Burlington, Vermont as more specifically defined and depicted on Exhibit 2 a plan entitled “City of South Burlington, Proposed East-West Crossing, Project Number RAIZ(1), Right-of-Way Plans, dated____, 2024” (“ROW Plans”) as it relates to the CWD Easements, with the complete set of plans incorporated by reference to this Agreement and recorded in the City of South Burlington Land Records at Volume __, Page ___,_for the sole purposes of: 2 i. Accessing, constructing, installing, maintaining, repairing, and utilizing the Licensee’s new shared use path that will be fully or partially located within the CWD Easements in the City of South Burlington as set forth in the Project Plans (Exhibit 1), and ii. The Licensee has CWD’s permission to modify the existing CWD easement area as more specifically defined and depicted on the Project Plans, and iii. Licensee may amend those portions of the Project Plans (Exhibit 1) relating to the Project in the Licensed Area with the consent of CWD, with such consent not being unreasonably withheld; (b) This License is subject to the following Licensee obligations, whose breach by Licensee shall be the sole causes for CWD to suspend, even indefinitely, the License’s use, occupation, and access of the Licensed Area: i. The Licensee’s shared use path shall not interfere with the CWD infrastructure within the CWD Easement Area and access thereto unless as specifically authorized herein; ii. Other than as approved herein, the ground topography, landscaping, and utilities within the CWD Easement Area shall not be changed in the future without the consent of CWD; iii. This License does not authorize Licensee to use the Licensed Area for any future development such as installation of other utilities, or to use any other portion of the CWD Easement Area, except as otherwise provided herein. iv. Maintenance/Damage. Licensee shall construct, maintain, and operate the shared use path within the Licensed Area in a professional and workmanlike manner. (c) If CWD believes that the Licensee has breached any of these obligations in Section 1(b), CWD shall provide notice to Licensee. Licensee shall within (30) thirty days of such notice: (i) submit for CWD’s review and approval all remediation work prior to performing such work; and (ii) cure the breach to CWD’s satisfaction. The Licensee shall notify CWD in writing within 10 days when the Licensee has completed the work necessary to cure the breach and must pay for any remediation, repairs, or other work necessary to cure the breach. 3 (d) If the Licensee does not cure the breach within the timeframe in subsection 1(c), CWD can make any necessary repairs/remediation to cure the breach, invoice the Licensee for such work, and the Licensee shall pay CWD within (30) thirty days. (e) Temporary Construction Rights: CWD grants the Licensee temporary construction rights outside the Licensed Area as more specifically defined and depicted on the Project Plans and ROW Plans. This Temporary Construction Right conveys Licensee all rights, limitations, and obligations set forth in this Agreement. Licensee must exercise said Temporary Construction Rights in a reasonable manner, and damage to the property of CWD caused by Licensee shall be remediated by the Licensee. Following one (1) year after Licensee installs the Project (“Final Completion”), the Temporary Construction Rights shall terminate. 2. Non-disturbance and Rights and Duties of the Parties. With respect to CWD: (a) CWD reserves the right to fully use and enjoy the Licensed Area in any manner that will not prevent, or interfere with, Licensee’s rights herein. (b) CWD shall not be held liable or responsible for any maintenance repair, or replacement of any Licensee infrastructure, including but not limited to; bituminous pavement, landscaping, guardrails, lighting, stormwater infrastructure, etc. in the event CWD needs to access, construct, maintain, or repair CWD’s existing 24-inch ductile iron waterline. (c) Any excavation, construction, repair or maintenance of CWD’s water line in the Licensed Area, except in the event of an emergency, shall require thirty (30) days advance notice to the Office of the City Manager of the City of South Burlington; in the event of emergency work, notice shall be given as soon as practicable. (d) Any excavation, construction, repair or maintenance of CWD’s water line in the Licensed Area shall be performed in such a manner that the impact of such work on the Pedestrian Path or the Licensed area is kept to a necessary minimum. (e) CWD shall not permanently change the ground topography or landscaping within the Licensed area without the Licensee’s consent. Upon completion of any ground disturbance work, CWD agrees to return the surface topography to its pre-existing state, and to return the subsurface to the pre-existing state so it is suitable for any necessary paving or landscaping work, which paving and landscaping work will be the responsibility of the City under Paragraph 2(b) above. If CWD is in breach of the requirements of this subsection, it shall be responsible for all costs incurred to return the subsurface to a suitable state for placing subbase and paving. 4 With respect to the Licensee: (a) Any excavation, construction, repair or maintenance of the Licensee’s Project in the Licensed Area, except in the event of an emergency, shall require thirty (30) days advance notice to CWD; in the event of emergency work, notice shall be given as soon as practicable. Excluded from this obligation for Licensee to provide notice to CWD shall be instances where Licensee is performing routine upkeep maintenance such as, but not limited to, snow removal, painting, graffiti removal, tree and shrub trimming, lawn mowing and trimming; in such instances, no notice to CWD shall be required. (b) Any excavation, construction, repair or maintenance of the Licensee’s Project in the Licensed Area shall be performed in such a manner that the impact of such work in the Licensed area is kept to a necessary minimum. (c) The Licensee shall be solely responsible for the costs associated with any maintenance, repair, or replacement of its infrastructure, including but not limited to; bituminous pavement, landscaping, guardrails, lighting, stormwater infrastructure, etc. in the event CWD needs to access, construct, maintain, or repair CWD’s existing 24-inch ductile iron waterline subject to CWD’s obligations in Paragraph 2(e). 3. Indemnification and assumption of risk. (a) The Licensed Area and other CWD property are not warranted, promised, or guaranteed to be suitable or safe for the exercise of the rights licensed herein. Licensee has had the opportunity to inspect the Licensed Area and freely acknowledge the property is in “AS IS” condition and waives any warranties, implied or express, whatsoever. (b) To the extent allowed by law, Licensee shall hold CWD harmless for any damage that Licensee may cause in the Licensed Area. (c) Licensee assumes all risk of harm arising out of the construction, operation, use and maintenance of its shared use path within the Licensed Area. 4. Suspension of License. (a) CWD, in its sole discretion, can suspend indefinitely the Licensee’s use, access, and occupation of the Licensed Area if the Licensee, its successors or assigns: (i) no longer needs to use the Licensed Area for the purposes permitted by this License for more than one year through neglect; or 5 (ii)breaches any of the obligations in Section 1(b) and the Licensee has not cured the breach to CWD’s satisfaction as set forth in Sections 1(c) and (d). (b)If CWD’s suspends the License under this Section 4, CWD may require, and Licensee shall at its own cost, provide for the remediation of the Licensed Area to the condition it existed prior to the start of this License. CWD shall review all remediation work and Licensee must obtain CWD approval prior to performing such work. (c)The Licensee may seek to lift the suspension of the License by filing an action in Vermont Superior Court. The Licensee must pay for its attorney fees and costs of this action. 5.Notices. Except in the event of an emergency, Licensee, its successors or assigns, shall give CWD notice a minimum of five (5) business days prior to any construction work within the Licensed Area; in the event of an emergency, Licensee shall give notice as soon as practicable. Notices for CWD shall go to: Joe Duncan, General Manager Champlain Water District 403 Queen City Park Road South Burlington, VT 05403 Notice to Licensee shall go to: Jessie Baker, City Manager City of South Burlington 180 Market Street South Burlington, VT 05403 The Duly Authorized Agent of Champlain Water District has caused this instrument to be signed this ____day of ____________, 2024. CHAMPLAIN WATER DISTRICT. By:____________________________ Duly Authorized Agent The Duly Authorized Agent of City of South Burlington has caused this instrument to be signed this ____day of ____________, 2024. CITY OF SOUTH BURLINGTON By:____________________________ Duly Authorized Agent 15th October Joseph Duncan, PE, General Manager #5 SuitesComfort Inn & #5 Formerly University Inn #5 Dorset Street Hilton Homewood S.W. B.C. Parking B.C. Parking Friendly's Demolished #1 115+00 0 SCALE IN FEET 200200 STA. ML 102+18, 35' RT SOUTH BURLINGTON RAIZ(1) BEGIN ROW PROJECT STA. ML 128+68, 10' RT SOUTH BURLINGTON RAIZ(1) END ROW PROJECT N V T S T A T E P L A N E G RI D False Northing: 0.0000False Easting: 1640416.6667Origin Latitude: 42°30'00.0000"NCentral Meridian: 72°30'00.0000"WUS Survey FootTransverse MercatorNAD83 Vermont State PlanesVT83 TO BURLINGTON TO SOUTH BURLINGTON I - 8 9 S O U T H B O U N D D O R S E T S T. I - 8 9 N O R T H B O U N D DATUM VERTICAL HORIZONTAL SURVEYED DATE : SURVEYED BY :VSE NAVD88 NAD 83(2011) PROJECT MANAGER : PROJECT NAME : PROJECT NUMBER : SHEET OF SHEETS19 ILONA BLANCHARD, AICP ESSEX WASHINGTON ADDISON ORANGE CALEDONIA WINDSORRUTLAND BENNINGTON WINDHAM V T S T A T E P L A N E G R I D MASSACHUSETTS Commonwealth of NEW HAMPSHIRE State of N NEW YORK State of CANADA ORLEANS LAM OILLE FRANKLIN GRAND IS L ECHITTENDENSCALE IN FEET 0 PROPOSED IMPROVEMENT COUNTY OF CHITTENDEN PROJECT LOCATION: PROJECT LENGTH: PROJECT DESCRIPTION: 2 13 14 D O R S E T S T. 89 116 EAST-WEST CROSSING 2018 CITY OF SOUTH BURLINGTON APPROXIMATELY 250 FEET. THE NORTHBOUND OFF RAMP TO WHERE IT MEETS US ROUTE 2 (WILLISTON ROAD), AND CONTINUING SOUTH ON DORSET STREET CROSSING THE INTERSTATE APPROXIMATELY 900 FEET SOUTH OF THE US ROUTE 2 BRIDGE OVER THE INTERSTATE, CONTINUING ALONGSIDE BEGINNING ON THE WESTERN SIDE OF THE EXIT 14 INTERCHANGE OF INTERSTATE 89, CONTINUING ALONGSIDE THE I-89 SOUTHBOUND ON RAMP, S.BURLINGTON RAIZ(1) RIGHT-OF-WAY PLANS SEPTEMBER 2024 SOUTH BURLINGTON RAIZ(1) 2000 2000 LENGTH OF R.O.W. PROJECT: 2650 FEET = 0.502 MILES TOTAL LENGTH: 3506 FEET = 0.664 MILES QUARRY HILL CONNECTION LENGTH: 326 FEET = 0.062 MILES UNIVERSITY MALL CONNECTION LENGTH: 413 FEET = 0.078 MILES BRIDGE LENGTH: 330 FEET = 0.063 MILES MAIN PATH LENGTH: 2467 FEET = 0.467 MILES INCLUDE PAUSE PLACES WITH BENCHES, MSE WALLS, RAILING, LIGHTING, AND STORMWATER INFRASTRUCTURE. WORK TO BE PERFORMED INCLUDES CONSTRUCTION OF A NEW MULTI-USE PATH AND A PEDESTRIAN BRIDGE. PROJECT WILL QUALITY ASSURANCE PROGRAM : LEVEL 1 PURPOSES ONLY. THESE PLANS ARE INTENDED FOR RIGHT-OF-WAY 50+00 INDEX OF SHEETS: RIGHT-OF-WAY LAYOUT SHEETS5-9 RIGHT-OF-WAY DETAILS SHEETS3-4 CONVENTIONAL SYMBOLOGY LEGEND SHEET2 RIGHT-OF-WAY TITLE SHEET1 DATE APPROVED QUARRY HILL ALIGNMENT MAIN PATH ALIGNMENT UMALL ALIGNMENT U.S. ROUTE 2 100+00 1 0 5 + 0 0 110+00 120+ 00 125+00 2 0 0 + 0 0 5 2 + 0 0 3-SEP-2024 DESIGNED BY: PROJECT LEADER:DRAWN BY: PLOT DATE: CHECKED BY: PROJECT NAME: PROJECT NUMBER: FILE NAME: SHEET OFCONVENTIONAL SYMBOLOGY LEGEND SHEET A. GUYETTE 2 9 VTRANS VTRANS 58794_ROW_legend.dgn C. FORD SOUTH BURLINGTON RAIZ(1) DITCH FOUNDATION GARDEN HEDGE E L T R D BK AH STA POE POB PRC PCC PT CC PI PC CURVE EXTERNAL DISTANCE CURVE LENGTH OF CURVE TANGENT LENGTH CURVE RADUIS OF CURVE DEGREE OF (100FT) BACK STATION SUFFIX AHEAD STATION SUFFIX STATION PREFIX POINT OF ENDING POINT OF BEGINNING POINT OF REVERSE CURVE POINT OF COMPOUND CURVE POINT OF TANGENCY CENTER OF CURVE POINT OF INTERSECTION POINT OF CURVATURE WITH PROPOSED ANNOTATION. FEATURES WITH HEAVIER LINEWEIGHT, IN COMBINATION FOR EXISTING FEATURES, ALSO USED FOR PROPOSED THESE ARE COMMON VAOT SURVEY POINT SYMBOLS BODY OF WATER EDGE WOOD LINE STONE WALL ROAD EDGE PAVEMENT ROAD EDGE GRAVEL DRIVEWAY EDGE RAILROAD TRACKS LEDGE EXPOSED BRUSH LINE WALL SLOPE RIGHTS SURVEY LINE 6F PROPERTY BOUNDARY 4F PROPERTY BOUNDARY PROPERTY LINE (P/L) TOWN BOUNDARY LINE COUNTY BOUNDARY LINE STATE BOUNDARY LINE FENCE STEEL POST FENCE (EXISTING) FENCE WOOD POST CULVERT (EXISTING) ELECTRIC+CABLE CABLE (TV) ELECTRIC+TELEPHONE UTILITY POLE GUY WIRE ELECTRIC+TELEPHONE PLAN LAYOUT MATCHLINE CLEAR ZONE TELEPHONE ELECTRIC CABLE+TELEPHONE ELECTRIC+CABLE+TELEP. ELECTRIC+TELEPHONE ELECTRIC+CABLE CABLE+TELEPHONE SANITARY SEWER (SEPTIC) ELECTRIC+CABLE+TELEP. WATER LINE GAS LINE TELEPHONE CABLE (TV) ELECTRIC CULVERT PROPOSED BOTTOM OF DITCH L STRUCTURE SUBSURFACE . SR SR SR FILTER CURTAIN SILT FENCE SILT FENCE WOVEN WIRE EPSC MEASURES WETLAND BOUNDARY RIPARIAN BUFFER ZONE SOIL TYPE BOUNDARY HISTORIC STRUCTURE HISTORIC DISTRICT BOUNDARY HISTORIC AREA AGRICULTURAL LAND HAZARDOUS WASTE AREA ENVIRONMENTAL RESOURCES FISH & WILDLIFE HABITAT FLOOD PLAIN STORM WATER USDA FOREST SERVICE LANDS WILDLIFE HABITAT SUIT/CONN CHECK DAM ARCHEOLOGICAL BOUNDARY ARCHEOLOGICAL & HISTORIC UTILITY SYMBOLOGY UNDERGROUND UTILITIES ABOVE GROUND UTILITIES (AERIAL) PROJECT DESIGN & LAYOUT SYMBOLOGY CODE DESCRIPTIONPOINT COMMON TOPOGRAPHIC POINT SYMBOLS DESCRIPTION PROPOSED GEOMETRY CODES CODE BARRIER FENCE EPSC LAYOUT PLAN SYMBOLOGY PROJECT CONSTRUCTION SYMBOLOGY EROSION MATTING PROJECT CONSTRUCTION FEATURES STONE FILL TOE OF FILL SLOPE TOP OF CUT SLOPE CONVENTIONAL TOPOGRAPHIC SYMBOLOGY EXISTING FEATURES CONVENTIONAL BOUNDARY SYMBOLOGY STRIPING LINE REMOVAL REQUIRING RE-VEGETATION DISTURBED AREAS THREATENED & ENDANGERED SPECIES SHEET PILES HAZARDOUS WASTE WSO WELL VCTRL TSIGN TIE TEL STUMP SIGN SHRUB SAT S RRSL RRSIG POST PMK PM MM MH MB LI IPIPE IP HYD HVCTRL HCTRL H GV GUYW GUY GSO GP GASFIL FPOLE EL DITHR COMB CB BND BM APL PERMANENT RIGHT LINE (P) TEMPORARY RIGHT LINE (T) BOUNDARY LINES DESCRIPTIONCODE IRON PIN TO BE SET BNDNS IPNS CALC POINT STATE ROW TOWN ROW STATE ROW (LIMITED ACCESS) PROJECT DEMARCATION FENCE TREE PROTECTION ZONE (TPZ) PROPOSED STATE R.O.W. PROPOSED STATE R.O.W. (LIMITED ACCESS) BOUND TO BE SETBNDNS IPNF BOUND SET R.O.W. ABBREVIATIONS (CODES) & SYMBOLS ORDINARY HIGH WATER (OHW) WETLAND BUFFER ZONE USED TO CLARIFY AS NEEDED. VARY, PLAN ANNOTATIONS AND NOTES SHOULD BE SHEET COVERS THE BASICS. SYMBOLOGY ON PLANS MAY AS NOTED ON PROJECT PLAN SHEETS. THIS LEGEND LINEWEIGHT, IN COMBINATION WITH PROJECT ANNOTATION, USED FOR EXISTING & PROPOSED FEATURES WITH HEAVIER STANDARD CONVENTIONAL SYMBOLOGY. THE SYMBOLOGY IS THE SYMBOLOGY ON THIS SHEET IS INTENDED TO COVER SYMBOLOGY LEGEND NOTE GENERAL INFORMATION ROAD GUARDRAIL PROW PROPOSED ROW POINT LENGTH LENGTH CARRIED ON NEXT SHEET EXISTING ROW POINT (T) (P) UE SR R&REP R&RES LAND I&M HWY EC DRIVE DR DIT D&C CUL CONST CH TEMPORARY RIGHT PERMANENT RIGHT UTILITY EASEMENT SLOPE RIGHT REMOVE & REPLACE REMOVE & RESET LANDSCAPE EASEMENT INSTALL & MAINTAIN RIGHT HIGHWAY EASEMENT EROSION CONTROL DRIVEWAY EASEMENT DRAINAGE EASEMENT DITCH EASEMENT DISCONNECT & CONNECT CULVERT EASEMENT CONSTRUCTION RIGHT CHANNEL EASEMENT UTILITY (GENERIC-UNKNOWN) UTILITY (GENERIC-UNKNOWN) C L L PP CZ T&E AG HABITAT FLOOD PLAIN OHW HISTORIC HISTORIC DIST ARCH WATER SHUT OFF WELL CONTROL VERTICAL SIGN W/DOUBLE POST TIE TELEPHONE POLE STUMP SIGN SHRUB SATELLITE DISH TREE SOFTWOOD RAILROAD SWITCH LEVER RAILROAD SIGNAL POST STONE/WOOD PROJECT MARKER PARKING METER MILE MARKER MANHOLE (MH) MAILBOX LIGHT - STREET OR YARD IRON PIPE IRON PIN HYDRANT CONTROL HORIZ. & VERTICAL CONTROL HORIZONTAL TREE HARDWOOD GATE VALVE GUY WIRE GUY POLE GAS SHUT OFF GUIDE POST GAS FILLER FLAGPOLE ELECTRIC POWER POLE DROP INLET THROATED DNC COMBINATION POLE CATCH BASIN BOUND BENCHMARK BOUND APPARENT LOCATION SEE EPSC DETAIL SHEETS FOR ADDITIONAL SYMBOLOGY IRON PIN FOUND 3 9 rowdetail.dgn SOUTH BURLINGTON RAIZ(1) 3-SEP-2024 DESIGNED BY: PROJECT LEADER:DRAWN BY: PLOT DATE: CHECKED BY: PROJECT NAME: PROJECT NUMBER: FILE NAME: SHEET OF A. GUYETTE C. FORD C. FORD A. GUYETTE ROW DETAILS SHEET (1 OF 2) STATIONING LEGEND = UMALL ALIGNMENTUM = QUARRY HILL ALIGNMENTQH = MAIN PATH ALIGNMENTML SLOPE(T) 3-SEP-2024 DESIGNED BY: PROJECT LEADER:DRAWN BY: PLOT DATE: CHECKED BY: PROJECT NAME: PROJECT NUMBER: FILE NAME: SHEET OF4 9 rowdetail.dgn SOUTH BURLINGTON RAIZ(1) A. GUYETTE C. FORD C. FORD A. GUYETTE ROW DETAILS SHEET (2 OF 2) STATIONING LEGEND = UMALL ALIGNMENTUM = QUARRY HILL ALIGNMENTQH = MAIN PATH ALIGNMENTML SLOPE(T) 4" STL 4" STL . X 100+00 101+00 10 2 + 00 10 3 + 00 104 + 00 105+00 Approximate R.O.W. Approx ima te R .O .W . B K. 82, PG.2 & B K.77, PG. 243 M A P 82- 45 TO CITY O F SO U TH BU RLIN G TO N 20' W ID E SEW ER EA SEM EN T 20' W ID E W A TE R EA S EM EN T SOU TH B U R LING TON PO SS IBLE C ITY O F 3-SEP-2024 DESIGNED BY: PROJECT LEADER:DRAWN BY: PLOT DATE: CHECKED BY: PROJECT NAME: PROJECT NUMBER: FILE NAME: SHEET OF SCALE 1" = 20'-0" 20 0 20 N VT STATE PLANE GRID False Northing: 0.0000False Easting: 1640416.6667Origin Latitude: 42°30'00.0000"NCentral Meridian: 72°30'00.0000"WUS Survey FootTransverse MercatorNAD83 Vermont State PlanesVT83 SOUTH BURLINGTON MA T C HL I N E S T A . 1 0 5 + 2 5 RAIZ (1) BEGIN R.O.W. PROJECT STA. ML 102+18, 35' RT I-89 SB ON RAMP W ILL ISTO N R O A D (U .S. R O U T E 2)I-89 S B E XIT 14 E OFF R A MP 5 9 A. GUYETTE C. FORD RAIZ(1) bdr_ROW.dgn A. GUYETTE C. FORD R.O.W. LAYOUT SHEET (1 OF 5) 2 1 BURLINGTON INTERSTATE CENTER, LLC, LESSEE 89-2 REALTY CO., LLC, LESSOR; OF LAND AND RIGHTS FOR THIS PROJECT. UNRELATED TO CITY OF SOUTH BURLINGTON'S ACQUISITION BUT SHOULD NOT BE RELIED UPON FOR PURPOSES EXISTING PROPERTY LINES ARE BELIEVED TO BE ACCURATE FOR R.O.W. USE ONLY. LINES SHOWN ON THIS PLAN AS CUL(P) CONST (T ) C ON S T (T ) 1 C ON S T (T ) SLOPE(T) 5 0 + 0 0 51+00 52+00 53+00 S 7 9 °4 8 '4 4 .2 8 "W S05° 38'39. 50" W S31°42'06.99" W S15°47'33.79" W 4" STL 4" STL 4" STL . . . .. .. .. 106+00 107+00 108+00 109+00 110+00 Approximate R.O.W. BK. 82, PG.2 & BK.77, PG. 243 TO CITY OF SOUTH BURLINGTON 20' WIDE SEWER EASEMENT 385, PG. 445) PATH EASEMENT (BK. FOR RECREATIONAL OFFER OF DEDICATION 20' WIDE WATER EASEMENT SOUTH BURLINGTON POSSIBLE CITY OF 385, PG. 445) (BK. PATH EASEMENT FOR RECREATIONAL OFFER OF DEDICATION PG. 445) EASEMENT (BK. 385, CONSTRUCTION PATH TEMPORARY FOR RECREATIONAL OFFER OF DEDICATION PG. 445) (BK. 385, EASEMENT CONSTRUCTION PATH TEMPORARY FOR RECREATIONAL OFFER OF DEDICATION 3-SEP-2024 DESIGNED BY: PROJECT LEADER:DRAWN BY: PLOT DATE: CHECKED BY: PROJECT NAME: PROJECT NUMBER: FILE NAME: SHEET OF SCALE 1" = 20'-0" 20 0 20 M A T C H L I N E S T A . 1 1 0 + 7 5 I-89 SB EXIT 14E RAMP I-89 SB ON RAMP MAT C HL I NE S T A. 1 0 5 + 2 5 SOUTH BURLINGTON RAIZ(1) bdr_ROW.dgn A. GUYETTE C. FORD R.O.W. LAYOUT SHEET (2 OF 5)6 9 A. GUYETTE C. FORD 1 2 3 4 5 6 9 7 8 10 12 11 14 13 16 15 17 18 20 19 23 22 21 N V T ST A T E P L A N E G R ID False Northing: 0.0000False Easting: 1640416.6667Origin Latitude: 42°30'00.0000"NCentral Meridian: 72°30'00.0000"WUS Survey FootTransverse MercatorNAD83 Vermont State PlanesVT83 BURLINGTON INTERSTATE CENTER, LLC, LESSEE 89-2 REALTY CO., LLC, LESSOR; QHC LOT 3 LLC OF LAND AND RIGHTS FOR THIS PROJECT. UNRELATED TO CITY OF SOUTH BURLINGTON'S ACQUISITION BUT SHOULD NOT BE RELIED UPON FOR PURPOSES EXISTING PROPERTY LINES ARE BELIEVED TO BE ACCURATE FOR R.O.W. USE ONLY. LINES SHOWN ON THIS PLAN AS I&M(P) CONST(T) SLOPE(T) CONST(T) SLOPE(T) SLOPE(T) REMOVE(T) CONST( T) C ONS T( T) CONST (T ) S L O P E (T ) CONST(T) CONST(T) CONST(T) CONST(T) CONST(T) CONST(T) SLOPE(T) CUL(P) SLOPE(T) SLOPE(T) INSTALL(T) REMOVE(T) 4" S TL BOXPROTECTIONCATHODIC 4 " S T L BOXPROTECTIONCATHODIC 4 " S T L 4 " S T L 4 " S T L PIPELINEWATERWARNING MARKERGAS 24" W (Q LD ) 2 4 " 24" W (QL D) EOI PIPELINEWATERWARNING PIPELINEWATERWARNING 2 4 " . . X X XO X M M 8 8 . 5 5 0 202+ 00 2 0 3 + 0 0 204+00 111 + 00 1 1 2 + 0 0 113 +00 114+00 115+00 116+ 00 117+ 00 AREA EASEMENT STORM WATER RETENTION A p pr o xi m at e R. O. W. Approxim a te R .O .W . LARKIN FAMILY PARTNERSHIP UNIVERSITY MALL, LLC BK.1223, PG.161 EASEMENT PEDESTRIAN & SEWER C H AMP LAIN W ATE R D IS T. - B K.309 , P G . 4 03 W ATE R LIN E E AS E ME N T PG. 445) EASEMENT (BK. 385, CONSTRUCTION PATH TEMPORARY FOR RECREATIONAL OFFER OF DEDICATION 385, PG. 445) PATH EASEMENT (BK. FOR RECREATIONAL OFFER OF DEDICATION 3-SEP-2024 DESIGNED BY: PROJECT LEADER:DRAWN BY: PLOT DATE: CHECKED BY: PROJECT NAME: PROJECT NUMBER: FILE NAME: SHEET OF SCALE 1" = 20'-0" 20 0 20 N V T S T A T E P L A N E G R I D False Northing: 0.0000False Easting: 1640416.6667Origin Latitude: 42°30'00.0000"NCentral Meridian: 72°30'00.0000"WUS Survey FootTransverse MercatorNAD83 Vermont State PlanesVT83 M AT C HLI N E S T A. 117 +50 I-8 9 NB E XIT 14E O F F R A MP I- 8 9 N O R T H B O U N DI- 8 9 S O U T H B O U N D MATCHLINE STA. 110+75 I- 8 9 S B O N R A M P 7 9 A. GUYETTE C. FORDA. GUYETTE C. FORD bdr_ROW.dgn RAIZ(1) SOUTH BURLINGTON R.O.W. LAYOUT SHEET (3 OF 5) 3 4 5 24 25 26 27 28 29 30 2 QHC LOT 3 LLC NOT USED BURLINGTON U MALL OWNER LLC. OF LAND AND RIGHTS FOR THIS PROJECT. UNRELATED TO CITY OF SOUTH BURLINGTON'S ACQUISITION BUT SHOULD NOT BE RELIED UPON FOR PURPOSES EXISTING PROPERTY LINES ARE BELIEVED TO BE ACCURATE FOR R.O.W. USE ONLY. LINES SHOWN ON THIS PLAN AS I&M(P) CONST(T) 32 PARTNERSHIP LARKIN FAMILY SLOPE(T) CONST(T) CONST(T) SLOPE(T) BK.309, PG. 403 CHAMPLAIN WATER DIST. - WATER LINE EASEMENT 31 SLOPE(T) 33 34 35 I&M(P) 7 Parcel 4 Parcel 7 PIPELINE WATER WARNING 4" STL PIPELINE WATER WARNING EOI 4" STL 24" 4" STL 24" DI 24" 24" 4" STL EOI EOI . ... .. ... . . . . ... ... .. .. . ... 2 0 0 + 0 0 201+00 118+00 119+00 120+00 121+00 122+00 123+00 Approximate R.O.W. Approximate R.O.W. Approximate R.O.W. C E N T E R E D O N C O N D UITS T E L E G R A P H C O. & A D E LP HI A C O M M. C O R P. G MP & N E W E N G L A N D T E L E P H O N E A N D B K. 432, P G. 385 10' WI D E U N D E R G R O U N D U TILIT Y E A S E M E N T B K. 380, P G. 332, S LI D E 591-6 LI N E E A S E M E N T C E N T E R E D O N PIP E A PP R O X. L O C A TI O N O F 10' WI D E G A S BK.309, PG. 403 CHAMPLAIN WATER DIST. - WATER LINE EASEMENT CENTERED ON CONDUITS GMP & BELL ATLANTIC BK. 473, PG. 198 EASEMENT 10' WIDE UNDERGROUND UTILITY SITE PLAN BY TRUDELL 8/22/2014 BK. 380, PG. 332, SLIDE 591-6, CVS EASEMENT CENTERED ON PIPE APPROX. LOCATION OF 10' WIDE GAS LINE T R U D E L L 8/22/2014 B K. 380, P G. 332, C VS SIT E P L A N B Y LI N E E A S E M E N T C E N T E R E D O N PIP E A P P R O X. L O C A TI O N O F 10' WI D E G A S B K. 380, P G. 332, C V S SIT E P L A N B Y T R U D E L L 8/22/2014 A P P R O X. L O C A TI O N O F V T G A S LI N E 8/22/2014 CVS SITE PLAN BY TRUDELL UNDERGROUND ELECTRIC APPROX. LOCATION OF C E N T E R E D O N C O N D UITS G MP & B E L L A T L A N TIC B K. 473, P G. 198 E A S E M E N T 10' WI D E U N D E R G R O U N D U TILIT Y 3-SEP-2024 DESIGNED BY: PROJECT LEADER:DRAWN BY: PLOT DATE: CHECKED BY: PROJECT NAME: PROJECT NUMBER: FILE NAME: SHEET OF SCALE 1" = 20'-0" 20 0 20 N V T STA TE PLA N E G RID False Northing: 0.0000False Easting: 1640416.6667Origin Latitude: 42°30'00.0000"NCentral Meridian: 72°30'00.0000"WUS Survey FootTransverse MercatorNAD83 Vermont State PlanesVT83 M A T C H L I N E S T A . 1 2 3 + 2 5 I-89 NB EXIT 14E OFF RAMP I-89 NB ON RAMP M A T C H L I N E S T A . 1 1 7 + 5 0 98 SOUTH BURLINGTON RAIZ(1) A. GUYETTE A. GUYETTE C. FORD C. FORD bdr_ROW.dgn R.O.W. LAYOUT SHEET (4 OF 5) 5 LARKIN FAMILY PARTNERSHIP 6 OF LAND AND RIGHTS FOR THIS PROJECT. UNRELATED TO CITY OF SOUTH BURLINGTON'S ACQUISITION BUT SHOULD NOT BE RELIED UPON FOR PURPOSES EXISTING PROPERTY LINES ARE BELIEVED TO BE ACCURATE FOR R.O.W. USE ONLY. LINES SHOWN ON THIS PLAN AS I&M(P) I&M(P) I&M(P) CONST(T) CONST(T) SLOPE(T) SLOPE(T) 38 39 36 40 42 45 48 47 46 49 50 SLOPE(T) CONST(T) VERMONT CVS PHARMACY, L.L.C., SUBLESSEE CONAGUL EQUITIES II LLC, LESSEE; LARKIN FAMILY PARTNERSHIP, LESSOR; I&M(P) SLOPE(T) 41 LLC. MALL OWNER BURLINGTON U 4 CONST(T) CONST(T) 51 37 INSTALL(T) REMOVE(T) 18 18 SEE DRAINAGE PLANS FOR MORE INFORMATION INSTALL SPECIAL PROVISION (DRAINAGE INLET) STA 117+61, RT. 31.1' SLOPE(T) 8 7 43 44 SLOPE(T) Parcel 4 Parcel 7 INV: 309.77 24 " D I 4" STL 4 " S T L FO(QLD) 4" STL EO I 4" STL EOIG( Q L D) EOI 1 2 4 +0 0 125+00 126+00 1 2 7 + 0 0 1 2 8 + 0 0 1 2 9 + 0 0 Approxim ate R .O .W. A p p r o x im a t e R . O . W . Approximate R.O.W . CENTERED ON CONDUITS TELEGRAPH CO. & ADELPHIA COMM. CORP. GMP & NEW ENGLAND TELEPHONE AND BK. 432, PG. 385 10' WIDE UNDERGROUND UTILITY EASEMENT BK. 380, PG. 332, SLIDE 591-6 LINE EASEMENT CENTERED ON PIPE APPROX. LOCATION OF 10' WIDE GAS SIT E PL A N B Y TR U D E L L 8/22/2014 B K. 380, PG. 332, SLIDE 591-6, C VS E A SE ME NT C E N TE R ED O N PIPE APPR O X. LOC ATIO N OF 10' WIDE G AS LINE TRUDELL 8/22/2014 BK. 380, PG. 332, CVS SITE PLAN BY LINE EASEMENT CENTERED ON PIPE APPROX. LOCATION OF 10' WIDE GAS BK. 380, PG. 332, CVS SITE PLAN BY TRUDELL 8/22/2014 APPROX. LOCATION OF VT GAS LINE BK. 380, PG. 332, SLIDE 591-6 APPROX. LOCATION OF VT GAS LINE CVS SITE PLAN BY TRUDELL 8/22/2014 APPROX. LOCATION OF UNDERGROUND ELECTRIC CENTERED ON CONDUITS GMP & BELL ATLANTIC BK. 473, PG. 198 EASEMENT 10' WIDE UNDERGROUND UTILITY 3-SEP-2024 DESIGNED BY: PROJECT LEADER:DRAWN BY: PLOT DATE: CHECKED BY: PROJECT NAME: PROJECT NUMBER: FILE NAME: SHEET OFR.O.W. LAYOUT SHEET (5 OF 5) SCALE 1" = 20'-0" 20 0 20 N V T S T A T E P L A N E G R I D False Northing: 0.0000False Easting: 1640416.6667Origin Latitude: 42°30'00.0000"NCentral Meridian: 72°30'00.0000"WUS Survey FootTransverse MercatorNAD83 Vermont State PlanesVT83 D O R S E T S T . RAIZ (1) END R.O.W PROJECT STA. ML 128+68, 10' RT I-89 N B E XIT 14E O F F R A MP M A TCH LI N E STA. 123+25 WILLISTON RD. (U.S. ROUTE 2) A. GUYETTE C. FORD bdr_ROW.dgn RAIZ(1) SOUTH BURLINGTON C. FORD 9 9 A. GUYETTE 56 58 60 74 78 59 61 64 65 66 69 70 71 76 75 77 5 LARKIN FAMILY PARTNERSHIP 6 VERMONT CVS PHARMACY, L.L.C., SUBLESSEE CONAGUL EQUITIES II LLC, LESSEE; LARKIN FAMILY PARTNERSHIP, LESSOR; OF LAND AND RIGHTS FOR THIS PROJECT. UNRELATED TO CITY OF SOUTH BURLINGTON'S ACQUISITION BUT SHOULD NOT BE RELIED UPON FOR PURPOSES EXISTING PROPERTY LINES ARE BELIEVED TO BE ACCURATE FOR R.O.W. USE ONLY. LINES SHOWN ON THIS PLAN AS I&M(P) I&M(P) I&M(P) SLOPE(T) SLOPE(T) SLOPE(T) CONST(T) CONST(T) INSTALL(T) REMOVE(T) REMOVE(T) INSTALL(T) 67 68 I&M(P) 55 57 72 SLOPE(T) CONST(T) SLOPE(T) CONST(T) 73 62 53 SLOPE(T) 52 63 54 CONST(T) 8 I&M(P) REMOVE(T) SLOPE(T) SLOPE(T) CONST(T) SLOPE(T) REMOVE(T) W1 W2 W3 W4 W5 W6 INSTALL(T) Welcome A community conversation on the Mental Health of our Youth 1 •Who is the Faith Influenced Leaders Corporation? •A selection of indicators of how our youth are doing •A few key findings and conclusions •Next steps and call to action Faith Influenced Leaders Corporation Members who attended one or both meetings: •Patrick Leduc •Tom Hubbard •Patrick Gallivan •Alan Luzzatto •Kevin Dorn •Tom Fontana Other members of the Faith Influenced Leaders •David Young •Doug Bugbee •Jake Cunavelis •Brian Culver •Cherian Philip •Jeff Culkin •Ted Brady 2 We acknowledge others need to be at the table. Perhaps you! We also know it is vital to have youth voices at the table in authentic ways. A 501(c)3 that is dedicated to the growth of its members, to live their faith, and leverage the skills and knowledge they’ve learned in the secular work to serve others Part 1 Meeting with Experts Aug 21, 2023 •Chief Shawn Burke •SBPD •Scott LaValley •Howard Center, Community Outreach •Beth Holden •Howard Center •Captain Nick Perkov, •SBFD •David Nelson, MD •UVMMC Emergency Department •Diane Bugbee •Vermont Family Network •Laurie Emerson •NAMI Vermont •Michelle Fane •Howard Center •Brianne Williamson, •School Resource Officer, SBPD •Kevin Grealis •Detective, SBPD 3 PART 2 MEETING WITH Stakeholders Aug 21, 2023 •Chief Shawn Burke •SBPD •Diane Bugbee •Vermont Family Network •Laurie Emerson •NAMI Vermont •Michelle Fane •Howard Center •Brianne Williamson •School Resource Officer, SBPD •Monica Desrochers •SBSD •Patrick Burke •SBHS Principal •Holly Rouelle •Chamberlin Principal •Scott Sivo •FTHMS •Nina Borden •SB Rotary •Megan Sweet •SBHS •Amanda Brown •SB Public Library •Jennifer Murray •SB Public Library 4 The following Data are drawn directly from the 2021 Vermont Youth Risk Behavior Survey conducted by the Vermont Department of Health in collaboration with the Vermont Department of Education. These are statewide results focused on High School- aged Vermont youth. We in no way ignore the real mental health concerns of youth in Middle School or below, or those out of High School for that matter. This data is intended only to provide a perspective on the range and severity of youth mental health issues in Vermont. 5 Poor Mental Health •Poor mental health includes stress, anxiety, and depression. •During the past 30 days, a third of students reported their mental health was not good at least most of the time. •Female students are significantly more likely than male students to experience poor mental health at least most of the time during the past 30 days. •Experiencing poor mental health at least most of the time during the past month does not differ by race and ethnicity. •LGBTQ+ students are significantly more likely than heterosexual cisgender students to experience poor mental health during the past month. 6Source: 2021 Vermont Youth Risk Behavior Survey Feeling Sad Or Hopeless •Three in ten students felt so sad or hopeless almost every day for at least two weeks during the past 12 months that they stopped doing some usual activities. (30%) •Female students are more than two times as likely as male students to report feeling so sad or hopeless during the past year that they stopped doing some activities. •BIPOC students are significantly more likely than white, non-Hispanic students to feel so sad or hopeless during the past year. •More than half of all LGBTQ+ students reported feeling sad or hopeless during the past year, a rate that is 2.5 times higher than their heterosexual cisgender peers. 7Source: 2021 Vermont Youth Risk Behavior Survey Feeling Nervous or Anxious •A third of students reported that they have been bothered by feeling nervous, anxious, or on edge always or most of the time during the past year. •Female students are significantly more likely than male students to feel nervous, anxious, or on edge at least most of the time during the past year. •Feeling nervous, anxious, or on edge at least most of the time during the past year does not differ by race and ethnicity. •LGBTQ+ students are significantly more likely than heterosexual cisgender students to feel nervous, anxious, or on edge at least most of the time during the past year. 8Source: 2021 Vermont Youth Risk Behavior Survey Self-Harm •One in five students reported hurting themselves without wanting to die, such as by cutting or burning on purpose, in the past 12 months. (20%) •Female students are more than two times as likely as male students to have hurt themselves on purpose during the past year. •12th grade students are significantly less likely to have hurt themselves on purpose during the past year compared to students in 9th, 10th and 11th grade. •BIPOC students are significantly more likely than white, non-Hispanic students to have hurt themselves on purpose during the past year. •LGBTQ+ students are 3.5 times as likely as heterosexual cisgender students to have hurt themselves on purpose during the past year. 9 Source: 2021 Vermont Youth Risk Behavior Survey Made a Suicide Plan •About one in seven students made a plan about how they would attempt suicide during the past 12 months. (14%) •Female students are two times more likely than male students to have made a suicide plan during the past year. •Making a suicide plan does not differ by grade level. •BIPOC students are significantly more likely than white, non-Hispanic students to have made a suicide plan during the past year. •LGBTQ+ students are more than 3.5 times as likely as heterosexual cisgender students to have made a suicide plan during the past year. 10 Source: 2021 Vermont Youth Risk Behavior Survey Attempted Suicide •During the past 12 months, 7% of students attempted suicide. •Female students are significantly more likely than male students to have attempted suicide during the past year. •12th grade students are significantly less likely to have attempted suicide during the past year compared to students in 9th, 10th and 11th grade. •BIPOC students are nearly two times as likely as white, non-Hispanic students to have attempted suicide during the past year. •LGBTQ+ students are 3.5 times as likely as heterosexual cisgender students to have attempted suicide during the past year. 11Source: 2021 Vermont Youth Risk Behavior Survey FINDINGS Following our discussions with Experts and Stakeholders, we took away “Findings” that led us to where we are today. We took away items that we found as compelling or “need to know” factors. Important: We do not represent ourselves as the holders of knowledge on this topic. Instead, we see our role as one of caring individuals and a caring group that yearns to help those in need. In this way, we want to take action and we want to invite others to take action with us. We see some (not all) of the potential next steps as those driven by our community. What we can do locally! What follows is what we have learned. 12 FINDINGS •Most, but not all existing financial resources support organizations involved in treatment for mental illness and drug addiction in youth and support for families. •Funding for all organizations is inadequate. Howard Mental Health is funded through Medicaid which does not allow for preventative services. The Howard Center serves about 19,000 individuals per year. Howard Center would like to be involved in preventative services and hosted the CenterPoint School in South Burlington, but had to close it for budgetary reasons. •Howard Mental Health provides outpatient services, but the lack of funding has led to about eighty families (Fall, 2023) being on the waiting list, representing about a year before those families can get services. The wait time for private psychiatric services can also be a year. 13 FINDINGS •Mental Health is the most rapidly growing problem faced by the SB Fire Department and has reached the point of crisis. The Fire Department receives no training or direct funding for mental health intervention and all services are in response to crisis situations. •Children’s access to technology and how it is used is a major concern. Dependence on phones can lead to isolation and depression. “Group chats” in schools without adult supervision can create big problems for individual children. •DARE is meant to be a preventative program but while once taught in 5th and 7th grades, due to staff shortages, it is now only taught in fifth grade. 14 FINDINGS •Neglect, abuse in the home, food insecurity, housing insecurity and other factors can lead to stress, mental health and drug abuse challenges. Youth who are struggling are typically from homes that are struggling. •The UVMMC Emergency Department receives children in crisis. De-escalation and evaluation can take 12 to 24 hours. Children and adults suffering from mental health challenges can stay in the Emergency Department for days and weeks monitored by a “Sitter” 24/7. Some of the youngest patients are 7-and 8-year-olds. There can be a dozen mental health patients in the Emergency Department at any given time. The UVMMC provides no preventative services; it is clearly reactive and overwhelmed. 15 FINDINGS •Service providers are getting calls from families regarding younger and younger children. Bullying, depression, and truancy are growing problems (and truancy is about more than the students, it is a family situation). There has been a steep increase in unhealthy behavior in our youth. •Schools seem to have a good support network and counselors. The greater concern lies with those times when youth are not in school. •Mental health and drug abuse challenges are around the clock. Services need to extend beyond nine to five. Many individuals presenting in crisis are not ready to engage in treatment. •In the schools, there are significant challenges with budgets to pay for human resources in this space, and when there is sufficient funding, it is exceedingly difficult to find people to fill the roles. 16 FINDINGS •There seems to be an increase in the “haves” and the “have nots”, and perhaps even more troubling, there seems to be a perception of apathy toward that dynamic. •There are, at times, political challenges with funding and running programs specific to Social Emotional Learning. •There is an affordability crisis and when this takes hold in the early years (think playing soccer early as one example) and a student cannot participate due to costs, transportation, other –they are, in essence, excluded from these teams for the remainder of their secondary school years. These are healthy programs that unintentionally exclude those that might need them most. •Urban planning must include multi-use community space. How do we see that planning in action and influence it? 17 FINDINGS (from community conversation) •For black and brown young people, talking about mental health is taboo. They need someone else to talk to who they can relate to (i.e.looks like them) to convince them it’s ok. •Isolation raised the bar on mental health. •Preventive efforts should/could include getting off the phones –read “the anxious generation” A prescription for parents and schools –no phones until 16. Encourage the community to cooperate. Parents support each other. •Lack of places to go –youth after school. Not as good as surrounding communities in the area. 1,500 family units in the past year, 5K people. •Leverage the good work done by the Infinite youth center in the mall. TV, Games, no cell phones. Enter outside of the mall entrance. Food and hygiene –a safe space. •The SB mentor program has closed. 18 CONCLUSIONS So now what? 19 CONCLUSIONS •There is a serious lack of funding and personnel resources to support organizations addressing youth mental health and drug addiction in Vermont and in Chittenden County. Current demand for services goes well beyond existing resources and the delta continues to grow. •Possible actions: Advocacy for increased funding •Almost all of the existing services focus on treatment of youth mental health and drug addiction, support for patients and support for families. There are very few preventative programs currently deployed to get upstream of youth mental health and drug addiction challenges •Possible actions:Advocacy for increased funding and the creation of preventive supports. 20 CONCLUSIONS •There are some models in place on drug addiction and other issues that provide alternatives to children’s time and attention that are showing success. There are not enough quality places for students to spend their time outside of school. •Possible Action: A community driven youth drop-in center or the advocacy for the creation of more healthy and youth welcoming spaces •Mentoring and having an adult present in a child’s life can make a significant difference, even when there are not explicit parenting situations present. •Possible action: Financial support of Mentoring programs. Better yet –become a Mentor! 21 CONCLUSIONS •Transportation to allow young people to access, even the limited spaces, is not adequate. •Possible actions: Creation of transportation solutions and/or advocacy for the funding of more transportation solutions. 22 Our significant takeaways 23 Virtually all of the current resources addressing youth mental health are utilized by organizations focusing on treatment and family support mechanisms. Where the community can make a difference is creating additional infrastructure and programs that focus on preventative measures that will engage at-risk youth over a wider spectrum of time throughout the day, to include weekends. The community must be bold and commit to investments in our youth that will bend the curve downward on the well-documented mental health challenges that our youth face. By leaning into preventative work, we can reduce the number of young people that need the services of Mental Health services organizations Potential public-private partnerships are a tool to leverage. •Listening to your perspective and responding to questions 24 Next steps Presenting out final report (with your additions) to the City Council and School Board. In addition to advocacy for funding to support the entities responding to our youth’s mental health crises -Can we be bold in taking action right here in our community? •When we started the South Burlington Food Shelf, we began with a collective call to action in the community. Together we worked to develop a plan, find a space, fit it up, and pull together the infrastructure for a successful and ongoing enterprise that the community continues to embrace. •From a Faith Influenced Leaders perspective, it is simply this: “We must love our neighbor as ourselves” We cannot stand by and watch more and more young people go into crisis. •Will you join us? 25 MEMORANDUM To: Jessie Baker, City Manager From: Ilona Blanchard, Community Development Director CC: Adam Matth Date: October 16, 2024 Re: Presentation of the City Green Study and Consultant Recommendations Last year, the City Council authorized a study to understand what a “Village Green” in City Center could be at a conceptual level, how much land would be involved, and to recommend potential locations for such a green. This study is intended to provide information to assist in undertaking a decision on whether or not to proceed with funding land acquisition, design and construction of a project. The City contracted with Wagner Hodgeson Landscape Architecture, a local landscape architecture firm, to: 1)Meet with the public to understand preferences with regards to an open concept programmable green park within City Center which close adjacency to retail and residential development. 2)Based on public input, create a concept for a green. 3)Conduct an analysis of potential sites. 4)Make a recommendation to the City regarding a conceptual program for the City Green and potential location(s). In recognition of the location in City Center and the City’s statutory status as a City, the potential project is called a “City Green”. Wagner Hodgeson has met with the public, conducted their analysis, developed concepts, and met with the public to review these concepts. Since then, City staff provided a brief supplemental survey on-line to obtain additional input. Wagner Hodgeson has now completed their study and are ready to present their recommendations. Attachments: Presentation: South Burlington City Green Feasibility Study Recommended Action: Listen to the presentation and ask questions. Discuss. SOUTH BURLINGTON CITY GREEN FEASIBILITY STUDY CITY COUNCIL MEETING PRESENTATION: October 21, 2024 PROJECT SUMMARY FEASIBILITY STUDY: This study explored the viability of a potential ‘City Green” (downtown park) in the heart of South Burlington (SB). GOAL: • Identify the preferred potential ‘City Green’ location/s that accommodate the needs of its residence, visitors & city officials & develop Conceptual Park Design/s & Recommendations for these locations to help inform the City moving forward with future development. PROCESS: • Researched city center public parks • Identified potential ‘City Green’ locations (6) • Defined what makes a Great Public Space • Identified common ‘City Green’ Uses & Activities • Gathered public input - Two (2) public meetings & (1) Online questionaire • Analyzed the potential City Green locations: • Based on the public feedback • What makes a great public space’ • Program fit accommodations • Developed Conceptual City Green Site Design/s & Recommendations: Prepared Conceptual Site Designs & Recommendations, which were revised based on public feedback and will be presented to City Council. The final Designs & Recommendations will be summarized in a document. PROJECT CONTEXT City Center Form Based Code District T- 4 T- 5 T- 3 T- 3+ DOWNTOWN PARKS HISTORICALLY • Common green space was at the center of small agricultural settlements and was used for grazing and community events. • Evolved into open flexible green spaces (trees & lawn) for more social gatherings & respite. • Integrated fountains, memorials, monuments & bandstands to accommodate growing public needs & functions ‘THE GREEN’ . Woodstock, VT CITY HALL PARK . Burlington, VT TOWN GREEN . Bristol, VT DOWNTOWN PARKS GREEN - VILLAGE, TOWN OR COMMON ‘Vermont’s village greens (and commons) serve as the physical, historic and cultural heart of many communi- ties, hosting concerts, fairs, parades, seasonal festivals and farmers markets. Integral to the Vermont brand and quality of life, village greens provide residents and visitors with a place to gather, exercise, recreate, celebrate, and engage in commerce and community’. State of Vermont - Agency of Commerce & Community Development ‘THE GREEN’ . Woodstock, VT COLLEGE PARK . Middlebury, VT CITY PARK . Vergennes, VT DOWNTOWN PARKS TOWN SQUARE Represent the center point for civic life in the city. They shape its image and provide flexibility and open-ended activities. Typically, but not always linked to civic buildings. CITY HALL PARK . Burlington, VT POST OFFICE SQUARE . Boston, MA PULASKI PARK . North Adams, MA DOWNTOWN PARKS PUBLIC/ PRIVATE (PARTNERSHIPS) PARKS Typically, a smaller-scale park at the heart of a mixed use development. Highly programmed urban green space that is often privately owned, but open to the public. SANTANA ROW . San Jose, CA ( 0.4 ac. - 2012) PARK AT PEARL , San Antonio, TX (0.6 ac. - 2022) PENTAGON ROW . Arlington, VA (0.6 ac. - 1999) SILVER SPRING PLAZA . Silver Spring, MD (0.3 ac. - 2010) 05.30.2024SOUTH BURLINGTON DOWNTOWN PARK FEASIBILITY STUDY | BASE MAP SCALE OF FEET 1500150 300 SCALE OF FEET POTENTIAL PARK LOCATION FOR FUTURE STUDY EXISTING PUBLIC OPEN SPACE PUBLIC/ SEMI-PUBLIC PLAZAS & COURTYARDS EXISTING PRIVATE OPEN SPACE STREAMSTORMWATER FEATURE PARCEL LINE Rick Marcotte Central School City Hall, Town Offices, Senior Center & Library Entry Plaza UNIVERSITY MALL BLUE MALL City Center Park Target Price Chopper Vermont DMV Homewood Suites by Hilton Barnes & Noble Highway Park (Pedestrian Bridge) Healthy Living Jaycee Park Wetland Sto r m w a t e r P o n d T r i b u t a r y 3 Al’s French Frys Market St. Park Resurrection Park Cemetery Delta Hotels by Marriott 1.7 ac. 0.45 ac. 1.2 ac. 0.6 ac. 1.3 ac. 0.78 ac. 1 3 5 2 4 6 SCALE OF FEET 1500150 300 SCALE OF FEET W i l l i s t o n R o a d D o r s e t S t r e e t M a r k e t S t r e e t G a r d e n S t r e e t R o u t e 1 1 6 P a t c h e n R o a d R o u t e I - 8 9 M a r y S t r e e t POTENTIAL ‘CITY GREEN’ LOCATIONS STUDIED 05.30.2024 POTENTIAL PARK LOCATION FOR FUTURE STUDY EXISTING PUBLIC OPEN SPACE PUBLIC/ SEMI-PUBLIC PLAZAS & COURTYARDS EXISTING PRIVATE OPEN SPACE STREAMSTORMWATER FEATURE PARCEL LINE Rick Marcotte Central School City Hall, Town Offices, Senior Center & Library Entry Plaza UNIVERSITY MALL BLUE MALL City Center Park Target Vermont DMV Barnes & Noble Park(Pedestrian Bridge) Healthy Living Wetland Sto r m w a t e r P o n d T r i b u t a r y 3 A Fre Fr Market St. Park 1.7 ac. 0.45 ac. 1.2 ac. 0.6 ac. 1.3 ac. 0.78 ac. 1 3 5 2 4 6 D o r s e t S t r e e t M a r k e t S t r e e t G a r d e n S t r e e t R o u t e I - 8 9 M a r y 05.30.2024SOUTH BURLINGTON DOWNTOWN PARK FEASIBILITY STUDY | BASE MAP SCALE OF FEET 1500150 300 SCALE OF FEET POTENTIAL PARK LOCATION FOR FUTURE STUDY EXISTING PUBLIC OPEN SPACE PUBLIC/ SEMI-PUBLIC PLAZAS & COURTYARDS EXISTING PRIVATE OPEN SPACE STREAMSTORMWATER FEATURE PARCEL LINE Rick Marcotte Central School City Hall, Town Offices, Senior Center & Library Entry Plaza UNIVERSITY MALL BLUE MALL City Center Park Target Price Chopper Vermont DMV Homewood Suites by Hilton Barnes & Noble Highway Park (Pedestrian Bridge) HealthyLiving Jaycee Park Wetland Sto r m w a t e r P o n d T r i b u t a r y 3 Al’s French Frys Market St. Park Res Delta Hotels by Marriott 1.7 ac. 0.45 ac. 1.2 ac. 0.6 ac. 1.3 ac. 0.78 ac. 1 3 5 2 4 6 150 W i l l i s t o n R o a d D o r s e t S t r e e t M a r k e t S t r e e t G a r d e n S t r e e t R o u t e 1 1 6 P a t c h e n R o a d R o u t e I - 8 9 M a r y S t r e e t 05.30.2024SOUTH BURLINGTON DOWNTOWN PARK FEASIBILITY STUDY | BASE MAP SCAL 0150 SCAL POTENTIAL PARK LOCATION FOR FUTURE STUDY EXISTING PUBLIC OPEN SPACE PUBLIC/ SEMI-PUBLIC PLAZAS & COURTYARDS EXISTING PRIVATE OPEN SPACE STREAMSTORMWATER FEATURE PARCEL LINE Rick Marcotte Central School City Hall, Town Offices, Senior Center & Library Entry Plaza UNIVERSITY MALL BLUE MALL City Center Park Target Price Chopper Vermont DMV Homewood Suites by Hilton Barnes &Noble Highway Park (Pedestrian Bridge) Healthy Living Jaycee Park Wetland Sto r m w a t e r P o n d T r i b u t a r y 3 Al’s French Frys Market St. Park Delta Hotels by Marriott 1.7 ac. 0.45 ac. 1.2 ac. 0.6 ac. 1.3 ac. 0.78 ac. 1 3 5 2 4 6 W i l l i s t o n R o a d D o r s e t S t r e e t M a r k e t S t r e e t G a r d e n S t r e e t R o t c h e n R o a d R o u t e I - 8 9 M a r y S t r e e t Future WHAT MAKES A GREAT PUBLIC SPACE? ACCESS & CONNECTIONS ‘A successful public space is easy to get to and get through; it is visible both from a distance and up close. The edges of a space are important as well: For instance, a row of shops along a street is more inter- esting and generally safer to walk by than a blank wall or empty lot.’ COMFORT & IMAGE The visual perception of a place is key to its success. Whether the places feels safe, clean and inviting to the user all play into its popularity. SOCIABILITY It is a characteristic of a place that promotes com- munity and a sense of belonging. It is a place where people see their friends, meet their neighbors, feel comfortable interacting with strangers. USES & ACTIVITIES Activities are the backbones of great places. They make places special and one worth revisiting. The more uses and activities a place has the more partic- ipation and potential diversity it will be experienced within it. COLLEGE PARK . Middlebury, VT FLEXIBLE GREEN SPACE Typically centrally located & serving a variety of uses throughout the seasons. USES & ACTIVITIES PENTAGON ROW . Arlington, VA (Winter)PENTAGON ROW . Arlington, VA POST OFFICE SQUARE . Boston, MA WINTER FESTIVAL ON THE GREEN . Woodstock, VT COLLEGE PARK . Middlebury, VT PARK AT PEARL , San Antonio, TX VARIETY OF SEATING formal, informal, attached, moveable & playful USES & ACTIVITIES HIGHLINE AMPHITHEATER . NYC CITY HALL PARK . Burlington, VT CITY HALL PARK . Burlington, VT CITY HALL PARK . Burlington, VT CITY HALL PARK . Burlington, VT CITY HALL PARK . Burlington, VT KLYDE WARREN PARK . Dallas, TX PARK AT PEARL , San Antonio, TX WALKWAYS & SHARED-USE PATHS Accessible walking & shared-use paths, pedestrian streets and bikes rentals USES & ACTIVITIES LURIE GARDEN . Chicago, IL PENTAGON ROW . Arlington, VA STRAWBERRY PARK . Merrifield, VA HOOD PARK . Charlestown, MA BIXI BIKE RENTAL - Montreal COLLEGE PARK . Middlebury, VT SOCIAL GATHERING SPACE Variety of sizes, formality, seating, shade and lighting USES & ACTIVITIES STRAWBERRY PARK . Merrifield, VA PULASKI PARK . North Adams, MA KLYDE WARREN PARK . Dallas, TX RAIN GARDEN COURTYARD . Duke University, NC WINTER LIGHT FESTIVAL , Montreal USES & ACTIVITIES MIDTOWN PARK . Houston TX CITY HALL PARK . Burlington, VT CITY HALL PARK . Burlington, VT CITY HALL PARK . Burlington, VT CIVIC SPACE PARK . Phoenix, AZ ART & CULTURE Architecture, Interactive artwork, temporary installations, memorials and monuments. INTERACTIVE FOUNTAINS & PLAY AREAS A variety for all ages. USES & ACTIVITIES BROOKLYN BRIDGE PARK . NY POST OFFICE SQUARE . Boston, MA SANTANA ROW . San Jose, CA CITY HALL PARK . Burlington, VT PINECLIFF PARK . Frederick, MD USES & ACTIVITIES SITE STRUCTURES: Pergolas, bandstands, food/coffee kiosks & multi-functional stages POST OFFICE SQUARE . Boston, MA CITY HALL PARK . Burlington, VT SANTANA ROW . San Jose, CA KLYDE WARREN PARK . Dallas, TX PENTAGON ROW . Arlington, VA MADISON SQUARE PARK . NYC PARK AT PEARL , San Antonio, TX INTEGRATION OF RETAIL, DINING & RESIDENTIAL USES USES & ACTIVITIES SANTANA ROW . San Jose, CA STRAWBERRY PARK, Merrifield, VAPENTAGON ROW . Arlington, VA PENTAGON ROW . Arlington, VA USES & ACTIVITIES EVENTS & FESTIVALS: Weekly, monthly & yearly activities (farmers markets, yoga, music, movies, etc...) CITY HALL PARK . Burlington, VT FARMER’S MARKET . Burlington, VT CITY HALL PARK . Burlington, VT COLLEGE PARK . Middlebury, VT KLYDE WARREN PARK . Dallas, TX SALSA ON THE SQUARE . Rockville, MD USES & ACTIVITIES STORMWATER & GARDENS: Rain & pollinator gardens, shade trees, seasonal plantings and planters and interpretive signage/ sculpture. CITY HALL PARK . Burlington, VT KLYDE WARREN PARK . Dallas, TX POST OFFICE SQUARE . Boston, MA WHAT DO YOU WANT IN YOUR CITY GREEN? PLEASE SHARE YOUR THOUGHTS ON: What are your three favorite things you’ve ever done in a park? Imagine you are going to the park with a friend, what would you do there? When I was little, the best part of the park was the … When it is just me in the park, I like to … What do you like to do in the park in the winter? When I go to the park I feel . . . What kind of park space is missing in South Burlington? What time of day would you go to the park? I would go to a City Green for … ANALYSIS POTENTIAL CITY GREEN LOCATIONS Desired Program/ Needs (Public feedback) Great Public Space Criteria Matrix Program Fit Accommodations • 20 Participants • (6) Boards - Downtown Plan & Uses & Activities Precedent Images & (1) Questionaire • Interpreting input is an art as much as it is a Science • Beginning Phase of the project • Was not conclusive but definitely INDICATED clear PREFERENCES PUBLIC FEEDBACK PUBLIC FEEDBACK SUMMARY LIKED USES & ACTIVITIES (Desired Program) FLEXIBLE GREEN SPACE • Open lawn for Informal play & gathering • Ice skating rink SOCIAL GATHERING SPACE • String lite terrace with movable seating & facing benches VARIETY OF SEATING • Picnic tables • Seatwalls at edges • Movable tables & chairs • Temporary lounge seating WALKWAYS & SHARED USE PATHS • Central walking path with pavers • Promenade with shaded terrace INTERACTIVE FOUNTAINS & PLAY • Interactive play fountain • Ice skating rink • Informal play elements STORMWATER & RAIN GARDENS • Rain gardens at park entrance • Linear bioretention basins • Perennial gardens RETAIL INTEGRATION • Restaurants, cafes, shops with residential above • Farmers/Artists market to surround green SITE STRUCTURES • Flexible performance space with infrastructure (Strongly liked) • Food kiosk to activate park EVENTS & FESTIVALS • Movie nights, Morning yoga, Festival of fools, Farmer’s markets, etc.. ARTS & CULTURE • Large Interactive Play Sculptures (especially the bird’s eye view) ADDITIONAL DESIRED PARK PROGRAM Cafe/ Coffee kiosk/ Ice cream/ Food trucks Event Space - music, concerts, art, farmer’s market (Gazebo) Picnicking/ outdoor dining Ice Skating Communal gathering space - small quiet niches (reading & Meditating) & larger spaces for meeting friends (& their dogs & or children) Shade trees & natural areas Strolling/ walking Play fountain/ swimming pool Informal Green Space - soccer, volleyball, frisbee Children & Teens - Creative play, swings & climbing structures * Skiing, swimming, feeding ducks, theater, playgrounds, bike riding - Accommodated in other City parks or too large a use. PUBLIC FEEDBACK SUMMARY 1 POTENTIAL ‘CITY GREEN’ LOCATIONS STUDIED 2 Rick Marcotte Central School City Hall, Town Offices, Senior Center & Library Entry Plaza UNIVERSITY MALL BLUE MALL City Center Park Target Price Chopp Vermont DMV Homewood Suites by Hilton Barnes & Noble Highway Park (Pedestrian Bridge) Healthy Living Wetland Sto r m w a t e r P o n d T r i b u t a r y 3 Al’s French Frys Market St. Park Delta Hotels by Marriott 1.7 ac. 0.45 ac. 1.2 ac. 0.6 ac. 1.3 ac. 0.78 ac. 1 3 5 2 4 6 W i l l i s t o n R o a d D o r s e t S t r e e t M a r k e t S t r e e t G a r d e n S t r e e t R o u t e I - 8 9 M a r y S t r e e t 05.30.2024SOUTH BURLINGTON CITY GREEN FEASIBILITY STUDY | BASE MAP 1 Rick Marcotte Central School City Hall, Town Offices, Senior Center & Library Entry Plaza RSITY BLUE MALL Target Price Chopper Vermont DMV Homewood Suites by Hilton Barnes & Noble Healthy Living Jaycee Park Wetland Sto r m w a t e r P o n d T r i b u t a r y 3 Al’s French Frys Market St. Park Delta Hotels by Marriott 1.7 ac. 0.45 ac. 1.2 ac. 0.6 ac. 1.3 ac. 0.78 ac. 1 3 5 2 4 6 W i l l i s t o n R o a d D o r s e t S t r e e t M a r k e t S t r e e t G a r d e n S t r e e t R o u t e 1 1 6 t c h e n R o a d M a r y S t r e e t POTENTIAL ‘CITY GREEN’ LOCATIONS STUDIED 3 4 Rick Marcotte Central School City Hall, Town Offices, Senior Center & Library Entry Plaza UNIVERSITY MALL BLUE MALL City Center Park Target Price Choppe Vermont DMV Homewood Suites by Hilton Barnes & Noble Highway Park (Pedestrian Bridge) Healthy Living Wetland Sto r m w a t e r P o n d T r i b u t a r y 3 Al’s French Frys Market St. Park Delta Hotels by Marriott 1.7 ac. 0.45 ac. 1.2 ac. 0.6 ac. 1.3 ac. 0.78 ac. 1 3 5 2 4 6 W i l l i s t o n R o a d D o r s e t S t r e e t M a r k e t S t r e e t G a r d e n S t r e e t R o u t e I - 8 9 M a r y S t r e e t 05.30.2024SOUTH BURLINGTON CITY GREEN FEASIBILITY STUDY | BASE MAP 1 Rick Marcotte Central School City Hall, Town Offices, Senior Center & Library Entry Plaza RSITY BLUE MALL Target Price Chopper Vermont DMV Homewood Suites by Hilton Barnes & Noble Healthy Living Jaycee Park Wetland Sto r m w a t e r P o n d T r i b u t a r y 3 Al’s French Frys Market St. Park Delta Hotels by Marriott 1.7 ac. 0.45 ac. 1.2 ac. 0.6 ac. 1.3 ac. 0.78 ac. 1 3 5 2 4 6 W i l l i s t o n R o a d D o r s e t S t r e e t M a r k e t S t r e e t G a r d e n S t r e e t R o u t e 1 1 6 t c h e n R o a d M a r y S t r e e t 5 6 POTENTIAL ‘CITY GREEN’ LOCATIONS STUDIED Rick Marcotte Central School City Hall, Town Offices, Senior Center & Library Entry Plaza RSITY BLUE MALL Target Price Chopper Vermont DMV Homewood Suites by Hilton Barnes & Noble Healthy Living Jaycee Park Wetland Sto r m w a t e r P o n d T r i b u t a r y 3 Al’s French Frys Market St. Park Delta Hotels by Marriott 1.7 ac. 0.45 ac. 1.2 ac. 0.6 ac. 1.3 ac. 0.78 ac. 1 3 5 2 4 6 W i l l i s t o n R o a d D o r s e t S t r e e t M a r k e t S t r e e t G a r d e n S t r e e t R o u t e 1 1 6 t c h e n R o a d M a r y S t r e e t LOCATION ANALYSIS PER ‘GREAT PUBLIC SPACE’ CRITERIA ACCESS & LINKAGES (Connected, Walkable & Accessible) 1. Street Adjacency & Vehicular Connection 2. Access to Parking (Street or Neighboring Lot) 3. Shared-Use & Pedestrian Path Connections COMFORT & IMAGE (Safe, Green & Inviting) 4. Surrounding Environment (Vehicular Noise Adjacency) 5. Adds green space where lacking in the Downtown area USES & ACTIVITIES (Program Accommodation) 6. Adaptability to desired site program Ice rink (50’x145’), Flexible Lawn (0.1-0.3 ac), Integrative Fountain (30’ dia,) & Stage (20’x40’) 7. Retail Integration A. Proximity to existing front facing retail B. Good retail development potential AFFORDABILITY 8. Additional project costs required CITY HALL PARK . Burlington, VT CRITERIA ANALYSIS MATRIX ASSUMPTIONS • Good access, City owned street, high control• Moderate access, Private street with limited City control• Poor access, Private land, no street, Min. City control • Underutilized (<60% full) adjacent parking lot, High availability *1• Utilized (>60% full) adjacent parking lot, Moderate availability *1• No neighboring parking lot, No availability *1 • Good access - A shared use path and or a pedestrian walk exist• Moderate access - No shared-use or walk exist but could be created • No access - No shared-use or walk can exist in the future. • Adjacent to moderately busy environment - Along primary street with on street parking to buffer noise.• Adjacent to busy environment that can be easily mitigated w/ future design - Primary road without parallel parking to buffer noise.• Adjacent to very busy environment that would be costly to mitigate - Primary road without parallel parking to buffer noise. • Site located within a sea of pavement, negligible green space. Developing this site would improve green space distribution throughout the Downtown Core. • Site is located adjacent to existing fragmented green space. • Site is located adjacent to existing green space. • Site will accommodate all desired program elements • Site will accommodate most desired program elements • Site will not accommodate most desired program elements • Low development cost - Surrounding retail/ public exists and is compatible and easy to integrate • Moderate development cost - Surrounding retail/ public exists although is not compatible or requires a moderate amount of investment • High development cost - Surrounding retail/ public does not exist and would require high investment cost to integrate. • High potential to accommodate desired retail development. No current surrounding buildings or retail exists • Moderate potential to accommodate desired retail development Surrounding buildings exist & need to be converted • Low potential to accommodate desired retail development. Buildings & Stormwater facilities exist & are difficult to convert • Min. project cost due to site demo or inclusion of future public infrastructure. (No future road connector required). • Moderate project cost due to site demo or inclusion of future public Infrastructure. (Ex. building removal or future road connector required) • High project costs due to complex site demo and inclusion of future public infrastructure. * (1) Assumptions based on the Parking Utilization Data provided in the ‘City Center Parking & Movement Plan, 2020 1 3 524 6 0.45ac.1.7ac.0.6 ac.1.2 ac. 1.3 ac.0.8 ac. ACCESS & LINKAGES (Connected, Walkable & Accessible) 1. Street Adjacency & Vehicular Connection 2. Access to Parking (Street or Neighboring Lot) 3. Shared-Use & Pedestrian Path Connections COMFORT & IMAGE (Safe, Green & Inviting) 4. Surrounding Environment (Vehicular Noise Adjacency) 5. Adds green space where lacking in the Downtown area USES & ACTIVITIES (Program Accommodation) 6. Adaptability to desired site program Ice rink (50’x145’), Flexible Lawn (0.1-0.3 ac), Integrative Fountain (30’ dia,) & Stage (20’x40’) 7. Retail Integration A. Proximity to existing front facing retail B. Good retail development potential AFFORDABILITY 8. Additional project costs required CRITERIA ANALYSIS Street Adjacency & Vehicular Connections All SITES have GOOD Street Access SITE 4 requires accommodating future road infrastructure. SITES 2 & 6 are located on Dorset Street which is very LOUD & BUSY Rick Marcotte Central School City Hall, Town Offices, Senior Center & Library Entry Plaza UNIVERSITY MALL BLUE MALL Target Vermont DMV Homewood Suites by Hilton Barnes & Noble Highway Park (Pedestrian Bridge) Healthy Living Wetland Sto r m w a t e r P o n d T r i b u t a r y 3 Market St. Park Delta Hotels by Marriott 1.7 ac. 0.45 ac. 1.2 ac. 0.6 ac. 1.3 ac. 0.78 ac. 1 3 5 2 4 6 W i l l i s t o n R o a d D o r s e t S t r e e t M a r k e t S t r e e t G a r d e n S t r e e t R o u t e I - 8 9 M a r y S t r e e t PRIMARY ROADNO PARKING(4 TRAVEL LANES MIN.) PRIMARY ROADWITH PARKING SECONDARY ROAD FUTURE PRIMARY ROAD POTENTIAL PARK SITE PUBLIC/ SEMI-PUBLIC PLAZAS & COURTYARDS PRIVATE ROAD WITH NO PARKING 08.14.2024SOUTH BURLINGTON CITY GREEN FEASIBILITY STUDY | SCALE OF FEET 1000100 SCALE OF FEETACCESS & LINKAGES - VEHICULAR Rick Marcotte Central School City Hall, Town Offices, Senior Center & Library Entry Plaza UNIVERSITY MALL BLUE MALL Target Vermont DMV Homewood Suites by Hilton Barnes & Noble Highway Park (Pedestrian Bridge) Healthy Living Wetland Sto r m w a t e r P o n d T r i b u t a r y 3 Delta Hotels by Marriott 1.7 ac. 0.45 ac. 1.2 ac. 0.6 ac. 1.3 ac. 0.78 ac. 1 3 5 2 4 6 W i l l D o r s e t S t r e e t M a r k e t S t r e G a r d e n S t r e e t R o u t e I - 8 9 M a r y S t r e e t PRIMARY ROADNO PARKING(4 TRAVEL LANES MIN.) PRIMARY ROADWITH PARKING SECONDARY ROAD FUTURE PRIMARY ROAD POTENTIAL PARK SITE PUBLIC/ SEMI-PUBLIC PLAZAS & COURTYARDS PRIVATE ROAD WITH NO PARKING 08.14.2024SOUTH BURLINGTON CITY GREEN FEASIBILITY STUDY | ACCESS & LINKAGES - VEHICULAR CRITERIA ANALYSIS Uses & Activities (Program Accommodation) 1.7 ac. 1 e t S t r e e t SCALE OF FEET 1000100 200 SCALE OF FEET 50 0 50 100 ICE RINK (50’X145’)INTERACTIVE FOUNTAIN (30’x50’)FLEXIBLE STAGE (20’X40’)FLEXIBLE GREEN SPACE (0.3 ac, Event Capacity -1300 people) BLUE MALL VermontDMV 0.45 ac. 0.6 ac. 1.3 ac. 3 5 2D o r s e SITE 3 - TOO NARROW to accommodate desired program & trees CITY HALL PARK . Burlington, VT CRITERIA ANALYSIS MATRIX ASSUMPTIONS • Good access, City owned street, high control• Moderate access, Private street with limited City control• Poor access, Private land, no street, Min. City control • Underutilized (<60% full) adjacent parking lot, High availability *1• Utilized (>60% full) adjacent parking lot, Moderate availability *1• No neighboring parking lot, No availability *1 • Good access - A shared use path and or a pedestrian walk exist• Moderate access - No shared-use or walk exist but could be created • No access - No shared-use or walk can exist in the future. • Adjacent to moderately busy environment - Along primary street with on street parking to buffer noise.• Adjacent to busy environment that can be easily mitigated w/ future design - Primary road without parallel parking to buffer noise.• Adjacent to very busy environment that would be costly to mitigate - Primary road without parallel parking to buffer noise. • Site located within a sea of pavement, negligible green space. Developing this site would improve green space distribution throughout the Downtown Core. • Site is located adjacent to existing fragmented green space. • Site is located adjacent to existing green space. • Site will accommodate all desired program elements • Site will accommodate most desired program elements • Site will not accommodate most desired program elements • Low development cost - Surrounding retail/ public exists and is compatible and easy to integrate • Moderate development cost - Surrounding retail/ public exists although is not compatible or requires a moderate amount of investment • High development cost - Surrounding retail/ public does not exist and would require high investment cost to integrate. • High potential to accommodate desired retail development. No current surrounding buildings or retail exists • Moderate potential to accommodate desired retail development Surrounding buildings exist & need to be converted • Low potential to accommodate desired retail development. Buildings & Stormwater facilities exist & are difficult to convert • Min. project cost due to site demo or inclusion of future public infrastructure. (No future road connector required). • Moderate project cost due to site demo or inclusion of future public Infrastructure. (Ex. building removal or future road connector required) • High project costs due to complex site demo and inclusion of future public infrastructure. * (1) Assumptions based on the Parking Utilization Data provided in the ‘City Center Parking & Movement Plan, 2020 1 3 524 6 0.45ac.1.7ac.0.6 ac.1.2 ac. 1.3 ac.0.8 ac. 7 7 6 ACCESS & LINKAGES (Connected, Walkable & Accessible) 1. Street Adjacency & Vehicular Connection 2. Access to Parking (Street or Neighboring Lot) 3. Shared-Use & Pedestrian Path Connections COMFORT & IMAGE (Safe, Green & Inviting) 4. Surrounding Environment (Vehicular Noise Adjacency) 5. Adds green space where lacking in the Downtown area USES & ACTIVITIES (Program Accommodation) 6. Adaptability to desired site program Ice rink (50’x145’), Flexible Lawn (0.1-0.3 ac), Integrative Fountain (30’ dia,) & Stage (20’x40’) 7. Retail Integration A. Proximity to existing front facing retail B. Good retail development potential AFFORDABILITY 8. Additional project costs required Rick Marcotte Central School City Hall, Town Offices, Senior Center & Library Entry Plaza UNIVERSITY MALL BLUE MALL Target Pric Vermont DMV Homewood Suites by Hilton Barnes & Noble Highway Park (Pedestrian Bridge) Healthy Living Wetland Sto r m w a t e r P o n d T r i b u t a r y 3 Al’s French Frys Market St. Park Delta Hotels by Marriott 1.7 ac. 0.45 ac. 1.2 ac. 0.6 ac. 1.3 ac. 0.78 ac. 1 3 5 2 4 6 W i l l i s t o n R o a d D o r s e t S t r e e t M a r k e t S t r e e t G a r d e n S t r e e t R o u t e I - 8 9 M a r y S t r e e t RECOMMENDED SITES Sites 1 4 Rick MarcotteCentral School City Hall, Town Offices, Senior Center & Library Entry Plaza UNIVERSITY MALL BLUE MALL City Center Park Target Vermont DMV Barnes & Noble Bridge) Healthy Living Wetland Sto r m w a t e r P o n d T r i b u t a r y 3 Al’ Fren Fry Market St. Park 1.7 ac. 0.45 ac. 1.2 ac. 0.6 ac. 1.3 ac. 1 3 5 2 4 D o r s e t S t r e e t M a r k e t S t r e e t G a r d e n S t r e e t R o u t e I - 8 9 M a r 05.30.2024SOUTH BURLINGTON CITY GREEN FEASIBILITY STUDY | BASE MAP Rick Marcotte Central School City Hall, Town Offices, Senior Center & Library Entry Plaza UNIVERSITY MALL BLUE MALL City Center Park Target Price Chopper Vermont DMV Barnes & Noble Healthy Living Wetland Sto r m w a t e r P o n d T r i b u t a r y 3 Al’s French Frys Market St. Park Resu C 1.7 ac. 0.45 ac. 1.2 ac. 0.6 ac. 1.3 ac. 0.78 ac. 1 3 5 2 4 150 D o r s e t S t r e e t M a r k e t S t r e e t G a r d e n S t r e e t R o u t e 1 1 6 M a r y ON CITY GREEN FEASIBILITY STUDY | BASE MAP SCALE OF FEET 1500150 300 SCALE OF FEET CONCEPTUAL ‘CITY GREEN’ SITE DESIGN SITE 1 Access & Image New Building P P New Shared-use Path Tie into Existing Path New Building New Building Ex i s t i n g M a l l ( K o h l ’ s ) Pedestrian Oriented Street - Close during Events Tree-line Street w/ Parallel Parking & Bus Stop D O R E S T S T R E E T Pedestrian Connection to Mall Pedestrian Connection to Mall P P Tree-lined Walk Pedestrian Walks, typ. CONCEPTUAL ‘CITY GREEN’ SITE DESIGN SITE 1 Uses & Activities P P Coffee/ Food Kiosk w/ Outdoor Seating & Potential Bathrooms Interactive Fountain Seasonal Ice Rink Flexible Lawn Ex i s t i n g M a l l ( K o h l ’ s ) Terrace w/ Flexible Stage Pedestrian Oriented Street - Close during Events (Food Trucks/ Artisan Booths) Picnic Grove Tree-line Street w/ Parallel Parking & Bus Stop Creative Children’s Play Area w/ Interactive Sculpture Terrace New Building (Retail Below Housing Above) New Building (Retail Below Housing Above) CONCEPTUAL ‘CITY GREEN’ SITE DESIGN SITE 1 Uses & Activities New Building (Retail Below Housing Above) P P Seasonal Ice Rink Flexible Lawn Ex i s t i n g M a l l ( K o h l ’ s ) Main Pedestrian Walk Park Entrance w/ Perennials & Stormwater Alternate Stage location in a Tree Grove New Shared-use Path Terrace Terrace w/ Flexible Stage CONCEPTUAL ‘CITY GREEN’ SITE DESIGN SITE 4 Access & Image P Ex . S h a r e d - u s e P a t h City Hall, Public Library & Senior Center E x i s t i n g B l u e M a l l Pedestrian Oriented Street - Close during Events (Food Trucks/ Artisan Booths) Pedestrian Oriented Street - Close During Events (Food Truck & Artisan Booth) Ex. Tree-line Street w/ Parallel Parking M A R K E T S T R E E T P Future Street to align w/ Mary St. (City’s Master Plan) Future Shared-use Path. Connect to Existing Adjacent to Stormwater Pond (City’s Master Plan) Ex. Stormwater Pond Ex. Shared-use P a t h Extend Ex. Street to Future Street P Existing Building Existing Building Existing Building DMV Treed Edge to Create Enclosure Futu r e P a r a l l e l P a r k i n g Ex. Building (Retail Below & Housing Above) CONCEPTUAL ‘CITY GREEN’ SITE DESIGN SITE 4 Uses & Activities Coffee/ Food Kiosk w/ Outdoor Seating & Potential Restrooms Interactive Play Fountain Seasonal Ice Rink Flexible Lawn City Hall, Public Library & Senior Center E x i s t i n g B l u e M a l l Deciduous Tree Grove, typ. Creative Children’s Play Area w/ Interactive Sculpture M A R K E T S T R E E T Stormwater/ Rain Garden P Flexible Stage/ Terrace South-facing Seating Steps Main Pedestrian Walk Park Entry w/ Perennials Terrace Renovated Building (Front-facing Retail) CONCEPTUAL ‘CITY GREEN’ PRECEDENT IMAGERY Flexible Lawn Space for Events & Informal Play/ Relaxation Informal Terrace with Movable Tables & Chairs & String Lights Flexible Lawn Space for Community Events Seasonal Ice Rink Food Kiosk Seating Steps CONCEPTUAL ‘CITY GREEN’ PRECEDENT IMAGERY Pedestrian Oriented Street Flexible Performance Space with in-grade infrastructure Interactive Play Fountain Farmers Markets Space for Pets Rain Garden at Park Entrance with Perennials Interactive Play Sculpture PUBLIC FEEDBACK FROM MEETING #2 ATTENDANCE - 20 people (incl. online) GENERAL COMMENTS Overall strong support for location #4. May want to consolidate with Site 3 for a larger park. Additional needs/ concerns discussed included: • Children’s play area - currently very limited in downtown • Public Restrooms • Accessibility • Existing traffic congestion on Market Street Few people wanted minimal program including only, trees, lawn, landscaping, pathways & benches ONLINE PUBLIC FEEDBACK • City Website - Open for 6 wks. • 28 Responces • Majority of participants did not attend either public meeting • Majority of participants live in S.B. & visit the City Center • 64% want a City Green, 43%, Full Recom mendations & 21% only green space, paths & benches. GENERAL COMMENTS Overall Concerns • Insufficent Parking if Site #4 were developed • General park safety & maintenance • Accessiblility, especially any playground More green space is not needed and City should focus on maintaining existing parks (a couple re- sponces). FINAL CONCEPTUAL SITE DESIGNS & RECOMMENDATIONS SITE AREA 1.7 ac. 1.2 ac. BUILDING (Kiosk) 949 sf (1%) 805 sf (1.5%) GREEN SPACE 0.94 ac (58%) 0.6 ac. (53.5%) HARDSCAPE 0.74 ac (41%) 0.53 ac. (45%) CIRCULATION (Part of Hardscape) 0.32 ac (19%) 0.19 ac. (16%) CONCEPTUAL ‘CITY GREEN’ SITE DESIGNS 1 4 Pedestrian Street Kiosk Stage Stage Lawn Lawn Fountain Fountain City Hall/ Public Library Seasonal Ice Rink Pedestrian Street Kiosk U-Mall Children’s Play Area Children’s Play Area Picnic Area Future Planned Road DESIGN RECOMMENDATIONS • Consider Sites 1 & 4 for further study for a potential ‘City Green’ due to their highest score on the Site Location Analysis Matrix. • Site 1 should only be implemented in conjunction with a larger mixed use development (including retail/restaurant with residential above) • The final location for Site 1 may vary within the U-Mall parking lot depending on the overall project program and desireable adjacencies. • Site 4 could be developed solely by the city, due to its close proximity to compatible building program (ie. - City Hall, Public Library, Senior Center and extensive residential housing). • Any developemnt of Site 4 should consider the future planned road location. • Parking and traffic issues should be considered external factors and addressed seperately as a larger city wide issue. • All future designs should include site lighting and signage to improve overall safety, visibility, and accessibility. Both sites should incorporate the following program ele- ments into the design moving forward: • Flexible Lawn Space (0.1-0.3 ac.) • Seasonal Ice Skating Rink (50’x145’) • Flexible Performance Space with Potential Shade Structure (0.1-0.3 ac.) (Structure could be phased) • Interactive Play Fountain • Coffee/Food Kiosk with terrace, movable table & chairs (Could be phased) • Creative Children’s Play Area with Interactive Sculpture • Shared-use Paths/ Connections • Accessible Walkways, Site Features & Play Structures • Access to Parking • Pedestrian-Oriented Street to Accommodate Events • Shade Trees & Landscape Areas (Incl. Perennial Gardens) • Public Restrooms • Stormwater/ Rain Gardens • Site Lighting & Signage • Accommodations for Pets ESTIMATE OF PROBABLE COST Precedents MIDDLEBURY COLLEGE PARK (2019) Size: 1.7 ac. Cost per Acre - $ 0.9 Million/ac. (2024 Price) (No Structures, Ice Rink or Fountain included) CITY HALL PARK (2020) Size: 1.7 ac. Cost per Acre - $ 3.8 Million/ac. (2024 Price) (Includes Structures, Special Paving & Fountain) SITE OPTIONS Size: 1.2 - 1.7 ac. Cost per Acre - $ 1.6 Million (with Trees, Benches, Walks & Stormwater) Cost per Acre - $ 3.7 Million (Plus a Combo of Fountain, Play Structure, Pergola, or Bandshell & Special Paving) Excludes: Land Cost, Adjacent Roadways & Other Neighboring Improvements ESTIMATE OF PROBABLE COST Site Options 1 4 DISCUSSION Equity in Outreach Toolkit Presentation to City Council on Framework October 21, 2024 Kelsey Peterson, Senior City Planner Andy Brumbaugh, Communications & Outreach Manager Project Goals •Advance Equity in City government – a key principle of City Plan 2024 •Re-frame the City’s approach to outreach by giving all people equivalent value and avoid valuing some input types, timings, or voices over others •Build a predictable, transparent system •Reach people traditional outreach often fails to reach •Incorporate feedback loop into outreach Big Picture Equity in City Government Equitable Approach to City Decision-making Equity in Planning OutreachBu i l d i n g S t r u c t u r e s Building the Toolkit Working with CivicBrand and our community partners Public Input in Drafting Community Advisory Group Public Survey Focus Groups Interviews Pop-Up Events Staff Input Toolkit Framework Identifying Engagement Types Identifying the Community Using the Toolkit How does this all work? Using the Toolkit for a Project Ho w i n v o l v e d i s t h e p u b l i c ? Best Practices: Define Goals CLEARLY DEFINE: Project Purpose, Goals, & Objectives Engagement Types and Communities Most Impacted Required Level of Engagement from each Type/Community and City at large Best Practices: Make Engagement Accessible Provide Multiple Engagement Channels Use Culturally Relevant and Accessible Communication Host Engagement Opportunities in Accessible Locations Offer Flexible Participation Opportunities Create Safe and Inclusive Spaces How Do We Close the Loop? Best Practices: Create a Feedback Loop Maintain a Constant Presence and Ongoing Open Dialogue with the Community Build Trust and Long-Term Relationships Leverage Existing Community Networks Provide Clear, Concrete Follow-Up Toolkit Framework 180 Market St South Burlington, VT 05403 802-846-4105 October 21, 2024 The following 2024 First, Second, and Third Class Liquor Licenses and Tobacco Licenses were approved by the South Burlington Liquor Control Board after review by the City tax, fire and police departments: NAME DESCRIPTION Stewart’s Shop Corp. Second Class Licenses, Tobacco Licenses, Tobacco Substitute Endorsements Gonzo’s Indoor Golf Club & First and Third Class Restaurant/Bar License Academy LLC. SOUTH BURLINGTON LIQUOR CONTROL BOARD _______ ______ Mike Scanlan Laurie Smith ______ _______ Tim Barritt Elizabeth Fitzgerald _______ Andrew Chalnick