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HomeMy WebLinkAboutMinutes - City Council - 01/22/2019 CITY COUNCIL 22 JANUARY 2019 The South Burlington City Council held a regular meeting on Monday, 22 January 2019, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: M. Emery, Acting Chair; T. Barritt, T. Chittenden, D. Kaufman Also Present: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; A. Bolduc, A. Lafferty, City Attorneys; J. Rabidoux, Public Works Director; D. Young, Superintendent of Schools; J. Kennedy, J. Cook, R. & J. Morway, P. Blizzard, M. Burke, C. Reed, E. Schait, P. Taylor, S. Merrick, J. Maloney 1. Instructions on exiting building in case of emergency: Mr. Dorn provided instructions on emergency evacuation of the building. 2. Agenda Review: Additions, deletions or changes in order of agenda items: Ms. Emery asked to add Councilor reports from Committee assignments to Other Business. 3. Comments and Questions from the public not related to the agenda: No issues were raised. 4. Announcements and City Manager’s Report: Council members reported on meetings and events they had attended in recent weeks. Members also thanked the Public Works Department for its work during this week’s snowstorm. Mr. Dorn: The Rotary Awards event will be held on Thursday, 5:30-7:30 p.m. at Trader Dukes. On 30 January, a Resolution will be introduced on the Vermont House floor honoring Retired Police Chief Trevor Whipple. Staff will be talking this week with people regarding the scope and possible volunteer help for the cost-benefit analysis that is part of Interim Zoning. There will be a full report on regional dispatch in February. The consultant is on board, and the first towns are expected to be using the system in July. By this time next year, the hope is to have all participating towns on board. John Burton and others have approached the city regarding a company called Consensus which could provide on-going community surveying. The Steering Committee will meet tomorrow night at City Hall, 6:30 p.m. 5. Consent Agenda: A. Approve and Sign Disbursement B. Approve Minutes for 17 December 2018 C. Authorize Council Vice Chair to execute quitclaim deed for the conveyance of city “glebe” interests at 1400 Spear Street D. Resolution establishing the Energy Project Reserve Fund E. Approve Interim Zoning application fees Members questioned whether there is a duplicate $250.00 fee for DRB applications heard by the City Council during Interim Zoning. Mr. Dorn said that is his understanding, and that is what happened the last time. Ms. Emery provided corrections to the spelling/inclusion of names of committee members on p.9, paragraph 2, as follows: Sophia Mazowita, Allan Strong, Vince Bolduc and Duncan Murdoch. Mr. Chittenden moved to approve the Consent Agenda including the provided corrections. Mr. Barritt seconded. Motion passed 4-0. 6. Appearance and statement by David Young, Superintendent of Schools: Supt. Young advised the Council advised the Council that the School District will be putting up the “Black Lives Matter” flag on 1 February. The flag will fly for the month of February this year and for years to come. This is a student-led initiative and will serve as a kickoff to Black History Month. Students have also worked to connect with other constituencies in the community, and there is information on the website. The Superintendent then read the “Statement of Intent” and distributed written information to Council members. Mr. Barritt said this is the right decision and noted that this is not the first school in the state to take this action. 7. Consider and possible authorize the City Manager to enter into a contract related to conducting a feasibility study of consolidated residential trash hauling: Mr. Rabidoux reviewed the history, and noted that previous discussions had not gone far due to hauler opposition. What is now being proposed is a joint effort of South Burlington, Burlington and the Solid Waste District to address the issue of multiple haulers going down the same streets several times a week. There will be a statistically valid survey done by a consultant who has done this many times across the country and who has a previous history with the Solid Waste District. There are no state statutes involved. The effort will involve at looking at geographically awarding hauling contracts. He also noted that there are really no more small haulers in the area and only 4 remaining haulers. The cost to the city to do the study is $20,000. Ms. Emery asked if people could still take care of their own trash. Mr. Rabidoux said they could. Mr. Barritt moved to authorize the City Manager to enter into a contract for a feasibility study of consolidated residential trash hauling. Mr. Kaufman seconded. Motion passed 4-0. 8. Consider and possibly authorize the City Manager to proceed with formal acquisition of land interests for the Community Center and Market Street Access Parcel at 180 Market Street: Mr. Bolduc reviewed the history. He noted this would authorize the City Manager to execute agreements to acquire land for the driveway. Mr. Kaufman moved to authorize the City Manager to procede with formal acquisition of land interests for the Community Center and Market Street Access Parcel at 180 Market Street as presented. . Motion passed 3-1 (Barritt opposed). 9. Final Public Hearing on the Vermont Community Development Program’s $525,000 grant to support the construction of the Allard Square Building by Cathedral Square: Mr. Kaufman moved to open the public hearing. Ms. Reed of Cathedral Square noted that Allard Square was fully occupied before it opened the doors. She thanked the city for its help in making this project a reality and noted that they had 8 applications for each available unit. Residents come from all income levels. Mr. Barritt asked if there are any “kinks.” Ms. Reed said there are some HVAC issue and have an appeal pending at the DRB related to the number of doors on Market Street and public access. They keep the doors locked as a security measure. Ms. Reed noted that Cathedral Square is also helping the receiver at the Pillsbury facilities. There will be a court decision this week regarding receivership. Cathedral Square has said it will be helpful wherever it can as there are a lot of vulnerable people involved. There was no further public comment, and Council members thanked Ms. Reed for all that Cathedral Square does. Mr. Kaufman moved to close the public hearing. Mr. Barritt seconded. Motion passed 4-0. 10. Presentation of FY18 Pension Valuation: Mr. Schait, Actuary with the Newport Group, reviewed the possible funding methods and noted that Entry Age Normal is the method mandated for use with GASB financials. It takes the cost and attributes it evenly to each employee. It also anticipates future compensation increases. The contribution payment is based on a 20-year pay down of unfunded benefits Employees fund a portion of this. Last year’s contribution was $1,246,000. The recommended contribution for this year is $1,384,000. Employees would fund $330,000. Mr. Schait noted that the city also makes a loan payment. The actually asset return was 7.61%, a net gain over the assumed 7.25%. There was also a net gain in the update of the mortality assumption to the most current table. Compensation increases were, however, greater than expected, resulting in a net loss. Mr. Chittenden noted that the 2 new Firefighters should help smooth that out because there will be less overtime. Mr. Schait also noted that South Burlington has the highest funding ratio, better than VMERS, the City of Burlington, the City of St. Albans, VSTRS, and the average plan. Mr. Chittenden asked if there is an opportunity to reduce funding. Mr. Schait said they want to get to 100%, but in a really bad year, they could reduce funding. Mr. Schait then reviewed the key economic assumptions (e.g., salary growth, inflation, etc.) and key demographic assumptions (e.g., withdrawal, mortality, etc.). He showed a graph of participant count by year and status. He also noted that the city uses a “smooth asset valuation,” which was adopted a few years ago. 11. Annual Report to the Council on the Pension Fund: Mr. Burke acknowledged that there has been a lot of volatility. This resulted in negative returns from many different areas. Fortunately, there has also been some recent recovery although volatility continues. Mr. Burke cited the importance of diversification. He noted that in today’s meeting with the Pension Committee, they talked about “staying the course” and mitigating some of the “highs” and “lows.” The anticipation is that in 2019 economic growth won’t be as good as in previous years. Inflation will remain in check, but there will be high sensitivity to geopolitical risk. Investor sentiment will be more tapered. The expectation is that the environment will be normal over the long run and will be an environment for continued positive growth. Mr. Kaufman said he agrees with “staying the course.” Mr. Blizzard then reviewed the city’s benefit plan asset summary as of December 2018. The plan was down 8.57% in a 3-month period but is now up about 3%. The market value as of 31 December 2018 was $31,313,000. The market value as of 17 January 2019 was $32,477,291. Mr. Burke said they will continue to keep an eye on the 10-year strategic goal. 12. Consider and possibly approve warning the 2019 annual city meeting ballot to include articles on the FY20 city budget, charter amendment for the authority to impose an additional sales, rooms, meals, and alcoholic beverages tax to finance voter-approved capital projects; charter amendment for the authority to impose a municipal tax on short-term car rental sales within the City: Mr. Bolduc reviewed language changes since the last meeting to make it clearer that the local option taxes would only trigger by voter approval of a project. There is also the addition of “voter approved capital project” and some changes based on the amount of money that could be raised by the car rental tax. Mr. Dorn noted receipt of letters from 2 car rental agencies. He also noted that the Economic Development Committee met last night and unanimously supported this except they wanted the tax burden to be proportionate to the impact (e.g., on roads, infrastructure, public safety serving those entities). The proposal now is that Article 4 the number be set at .5% and be called “highway infrastructure and emergency services tax.” Mr. Bolduc noted the State would not get a percentage of this tax and would administer it. It would still have to get Legislature approval. It was noted that the .5% would generate $175,000.00 a year. Mr. Morway asked if this tax would apply only to cars or to rental trucks as well. Mr. Dorn said it would apply only to cars. Ms. Kennedy, representing Enterprise Rent-a-Car, spoke in opposition to the tax on rental cars. She said that 40% of South Burlington rentals are to Vermonters who are using the roads anyway. She also said they feel the tax is discriminatory and that it is against the law to impose a tax on the Airport. Ms. Emery cited the wear and tear on roads and felt it should be borne by those who use the roads and that the city should have the right to recover those costs. She said it would be pennies a day for someone to drive on South Burlington roads. Mr. Kaufman asked how many cars are rented in South Burlington. Ms. Kennedy said about 800 cars a year by Enterprise. This fluctuates with the time of year and the weather. Ms. Kennedy noted that the state’s car rental tax of 9% goes directly to the Education Fund now. Mr. Chittenden said he would hope to delay action and have a more extensive discussion. Mr. Kaufman also felt they did not have enough information to make a decision. Mr. Barritt said he would vote for this and see what happens. It’s only .5%, and he felt that is very fair. Mr. Kaufman said he would be OK with that. Mr. Kaufman proposed some word changes to the language for the rooms/meals added tax. Mr. Chittenden said he would oppose any increase to the sales tax. He read a statement outlining his position. He felt sales taxes are regressive and that the projects for which the taxes are being considered do not fall within the scope of the Council’s essential service responsibilities (police, fire and roads). He did support raising the rooms/meals tax to be equal to what the City of Burlington is collecting and the tax on rental cars in support of road repairs and maintenance. Mr. Barritt said he would like to see a definite statement regarding sunsetting the tax. Ms. Emery felt that this is something that should be put to the voters. The city is asking for a chunk of change for two projects with long-term benefits. These projects would also benefit the schools and could save taxpayers money on the education tax. She noted that the arts center would attract visitors to the city who would patronize restaurants, shops, etc., and help keep the community thriving. Mr. Barritt was also concerned with the sales tax, fearing that other communities would follow suit. Mr. Kaufman said it would be great to be able to fund projects such as these without taxes, but it won’t happen. He did question whether the Legislature would allow the rooms/meals tax since the State is considering increasing the state rooms/meals tax. Ms. Emery noted that if the Council doesn’t pass this now, the Legislature won’t see it this year. She also noted that both facilities would serve people from outside the community, and therefore the burden for financing them should come from more than the property tax. Mr. Dorn noted the School District will be going to the voters for tax money for projects, and the city doesn’t want to compete with that effort. He stressed that if the voters don’t approve the projects, the taxes would not be implemented. He also stressed that both facilities would lead to economic development in the city and help to keep young people here. He also reminded Council members that two committees had presented what the public has asked for. Mr. Kaufman moved to approve Article 1 with specific amendments recommended by Mr. Kaufman. Mr. Barritt seconded. Motion passed 3-1 with Mr. Chittenden opposing. Mr. Barritt then moved to approve the Charter amendment for the authority to impose a ½% municipal tax on short‐term car rental sales within the city. Mr. Chittenden seconded. Motion passed 4-0. Mr. Chittenden moved to approve Articles I and II of the ballot as amended. Mr. Barritt seconded. Motion passed 4-0. Mr. Dorn noted that the City Manager will make the appropriate changes and the Council can sign the warning at tomorrow night’s Steering Committee meeting. 13. Consider and possibly approve request by representatives of the Auclair Family related to family-owned parcels of land and their exclusion from lands covered by Interim Zoning: Ms. Morway noted they are requesting exemption from Interim Zoning due to the contracts related to the sale of the property. Mr. Morway said they had been under the impression that they were exempted. The Council agreed to warn a meeting to address. Once that meeting is warned, the Auclair Family can go ahead with their plans. Mr. Kaufman moved to set a public hearing to amend the Interim Zoning By-Law on 18 February 2019, 8 p.m., to remove the 15-acre lot on the westerly side of Hinesburg Road created last summer, and the .26 acre lot on the easterly side of Hinesburg Road directly across from the 15-acre parcel. Mr. Chittenden seconded. Motion passed 4-0. 14. Other Business: a. Councilors’ reports from Committee assignments: Mr. Barritt reported that the TDR committee is getting the history of TDRs and seeing current state and local language and maps of sending and receiving areas. They re also looking at all TDRs that have been executed, where they came from and where they went. The committee is meeting tomorrow night. Ms. Emery reported that Allan Strong was elected Chair of the Open Space Committee, Duncan Murdoch, Vice Chair, and Ms. Emery the Clerk. They discussed how to proceed and meet their goal. They will be looking at ecological priorities on lands to be conserved and will then deal with aligning ecological areas with parcels. They will not put forth language for by-laws. There could be amendments to the LDRs or properties to be conserved could be put on the official city map which would give the city 120 days to purchase the property. Mr. Chittenden said Green Mountain Transit will be raising the municipal assessment by 1%. They are also considering a fare increase to address a $1,000,000 deficit due to declining ridership and increasing expenses. They will be meeting this week to look for better options. As there was no further business to come before the Council, Mr. Kaufman moved to adjourn. Mr. Chittenden seconded. Motion passed unanimously. The meeting was adjourned at 10:30 p.m. ___________________________ Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. South Burlington Water Dept. Accounts Payable Check Register Date: 01/23/19 Date Check No. Paid To Memo Amount Paid 1/23/2019 3501 Champlain Water District 52,473.19 Date Voucher Number Reference Voucher Total Amount Paid 12/31/2018 VI-14726 SBWD-345 52,473.19 52,473.19 1/23/2019 3502 E.J. Prescott, Inc. 2,078.06 Date Voucher Number Reference Voucher Total Amount Paid 1/9/2019 VI-14728 5495080 248.42 248.42 1/7/2019 VI-14729 5494195 258.77 258.77 1/4/2019 VI-14730 5492670 985.63 985.63 1/3/2019 VI-14731 5492682 201.87 201.87 1/3/2019 VI-14732 5492677 383.37 383.37 1/23/2019 3503 City Of South Burlington 358,977.61 Date Voucher Number Reference Voucher Total Amount Paid 1/8/2019 VI-14725 DECEMBER 358,977.61 358,977.61 1/23/2019 3504 City Of South Burlington 341,821.84 Date Voucher Number Reference Voucher Total Amount Paid 1/8/2019 VI-14724 DECEMBER 341,821.84 341,821.84 1/23/2019 3505 Ti-Sales Inc. 3,109.42 Date Voucher Number Reference Voucher Total Amount Paid 1/7/2019 VI-14727 INV0100229 1,116.00 1,116.00 1/8/2019 VI-14733 INV0100284 1,738.72 1,738.72 1/8/2019 VI-14734 INV0100283 254.70 254.70 Total Amount Paid: 758,460.12 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: January 17, 2019 Page 1 of 1 CITY COUNCIL 17 DECEMBER 2018 The South Burlington City Council held a regular meeting on Monday, 17 December 2018, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: H. Riehle, Chair; M. Emery, T. Barritt, T. Chittenden, D. Kaufman Also Present: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; A. Lafferty, Deputy City Attorney; I. Blanchard, Project Manager; M. Machar, Deputy Finance Officer; T. LeBlanc, Assessor; J. Kochman, H. Reese, J. Leas, J. & N. Simson, P LeDuc, T. Cairns, B. Lequier, L. Dore, T. Bardin, D. Hirsch, S. Dooley, D. Cummings, L. McGinnis Ms. Riehle thanked everyone for their participation and noted that 2018 was a very exciting year, many of the benefits of which will be reaped in 2019. 1. Instructions on exiting building in case of emergency: Mr. Dorn provided instructions on emergency evacuation of the building. 2. Agenda Review: Additions, deletions or changes in order of agenda items: Ms. Riehle asked to consider in “Other Business” two potential items for future agendas: naming rights and a concern with signs. Ms. Emery suggested an “Other Business” item related to recent revelations of conduct involving the National Guard. Mr. Barritt asked to add to “Other Business” a brief traffic issue. Mr. Dorn asked to strike item #16 from the Agenda and to add to the warrants under the Consent Agenda approval of items related to Market Street construction. 3. Possible executive session to receive advice from legal counsel related to collective bargaining agreements as well as other matters related to contracts: Mr. Barritt moved that the Council make a specific finding that premature general public knowledge of contracts and contract terms between the city and third parties related to the new community center would clearly place the council and the city at a substantial disadvantage. Mr. Kaufman seconded. Motion passed unanimously. Mr. Barritt then moved that having so found, the Council enter into executive session for the purpose of discussing contracts and contract terms related to the community center with the Library Board of Trustees, the City Manager, and Deputy City Manager. Mr. Chittenden seconded. Motion passed unanimously The Council entered executive session at 6:45 p.m. and resumed open session at 7:23 p.m. 4. Comments and questions from the public not related to the agenda: CITY COUNCIL 17 DECEMBER 2018 PAGE 2 Mr. Leas referred to the Vermont Digger article highlighting possible criminal actions by National Guard Commanders. He felt Guard personnel was also involved in the “deliberate cooking of the books” relating to personnel numbers to facilitate the basing of F-35’s. He stressed that all allegations were against Commanders, not regular soldiers. Mr. Leas also noted there are 1400 homes in the “crash zone,” a fact that was also fudged. The goal is to have zero homes in this zone. He said the equipping of the F16’s with afterburners was done without review when it was known that this could harm children’s hearing and learning. Mr. Leas further stated that having this kind of activity at an airport such as the Burlington International Airport violates the Department of Defense’s own manual. The prime goal of the National Guard is to protect civilians and civilian property. Mr. Leas asked the Council to consider requesting investigation by the Legislature and States Attorney and that those responsible for offenses by held accountable. He suggested a public hearing at which all affected persons be invited to be heard. 5. Consent Agenda: a. Approve and Sign Disbursement b. Approve Minutes for 5 November and 3 December 2018 c. Review and resolve to not file inquiries or comments with the applicant regarding prior notice of an application for a Certificate of Public Good to the Public Utility Commission under 30 V.S.A. Section 8010 for installation of an approximate 150kw group net-metered solar panel array at 650 Spear Street d. Review and resolve to not file inquiries or comments with the applicant regarding prior notice of an application for a Certificate of Public Good to the Public Utility Commission under 30 V.S.A. Section 8010 for installation of an approximate 80 kw group net-metered solar panel array at 705 Spear Street e. Accept irrevocable offers for Mary Street Extension and Windswept Lane f. Authorize City Manager to sign an MOU with Poon Trust regarding parking in City Center g. Authorize City Manager to submit an application to the Vermont Municipal Bond Bank for voter authorized debt related to improvements at 180 Market Street Ms. Riehle noted the addition to the disbursements, there are items related to Market Street construction in the total amount of $199,644.10. Mr. Barritt asked whether Mary Street will be plowed. Mr. Dorn said the city will plow it. The Jersey barriers will be left up until there is relief for anticipated traffic. Mr. Chittenden moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Motion passed unanimously. CITY COUNCIL 17 DECEMBER 2018 PAGE 3 6. Public Hearing on Amendment to Capital Improvement Plan and possible approval by the Council: Mr. Chittenden moved to open the public hearing. Ms. Emery seconded. Motion passed unanimously. Ms. Machar explained the nature of the Capital Improvement Plan (CIP) and noted that it updated every year. She then outlined changes made since the last presentation including the reduction of one Police cruiser ($36,000). Mr. Hubbard noted that the Police Chief is comfortable with this. Ms. Riehle asked why funds for the Reserve Fund go down after FY20. Ms. Machar said those amounts are moved to another item. Ms. Emery asked if it is clear that the CIP will become a reality. Ms. Machar said that the FY20 items will be a reality. Public comment was then solicited. Mr. Kilkenny said he supports improvements to the Rec Path, especially going down Dorset Street. He said it appears this has been put off for 7 years. Mr. Chittenden said it is now moved to 2021. Following public comment, Mr. Chittenden moved to close the public hearing. Mr. Barritt seconded. Motion passed unanimously. Mr. Hubbard noted FY20 projects are in the draft budget the Council will see tonight. Mr. Chittenden moved to approve the Amendment to the Capital Improvement Plan as presented. Ms. Emery seconded. Motion passed unanimously. 7. Errors and Omissions Report from City Appraiser and update on reappraisal: Mr. Leblanc noted that the report has to be approved by 30 December. The changes reflect happenings after 2 July, partly due to the fact that the State was very far behind this year. CITY COUNCIL 17 DECEMBER 2018 PAGE 4 Mr. Chittenden moved to approve the Errors & Omissions Report as presented. Mr. Kaufman seconded. Motion passed unanimously. Mr. Leblanc said that an RFP to do a commercial reappraisal received no responses. A full city- wide reappraisal is now being considered at least 2 years down the road. Mr. Hubbard advised that there is $460,000 in the reappraisal fund, monies provided by the state. Mr. Leblanc said the last reappraisal cost about $400,000. Mr. Leblanc also noted that the State has been considering limiting the time between reappraisals to ten years to address equity issues. 8. Council to receive and discuss report related to a proposal by the Dorset Park Skating Association related to plans to construct a new entrance facility to the Cairns Arena: Mr. Cairns reviewed the history of the proposal, noting that the entrance to both arenas is on the south side of the building, making it very difficult to have a function where you are trying to charge admission. They have been trying to figure out how to create a single, controlled entrance that they could afford and have finally found someone willing to work with them to do this. The proposed entrance would be between the two rinks (Mr. Cairns showed this on a plan) and would access either rink. There would be a new snack bar, rest rooms, and staff office. A second floor could be leased, and there is already interest in that potential. Mr. Cairns felt the timing is great with the city considering a plan next door to the arenas. The hope is to construct beginning in July if the Council gives its okay to the project. Mr. Kaufman asked what would be on the second floor. Mr. Lequier said there is interest from a fitness center, which would complement the use of the rinks. Mr. Kaufman cited the need to pay close attention to what is under it, from a safety point of view. He also noted the need to have single-stall restrooms. Mr. Cairns said this is still a work in progress and they would come back with any changes. He added that they would like to incorporate some of what the city is planning next door into this facility. Council members gave a “thumbs up” to the proposal. Mr. Dorn said he can schedule a formal motion for the next agenda. CITY COUNCIL 17 DECEMBER 2018 PAGE 5 Mr. Barritt asked about the possibility of solar on the south-facing roof. Mr. Cairns said the roof is not strictly set up for that, but when the roof has to be replaced, that will be a consideration. It was noted that the electric bill for the arenas is $20,000 a month, and they are continually trying to find savings. Changing to LED lighting in both facilities should save $30,000 a year. 9. Council review of proposed plans to construct a South Burlington indoor recreational facility: Ms. Kochman said indoor recreational space has been a priority for 12 years, and this proposal makes the most sense. The proposed facility would include 3 multi-purpose courts, a turf field, walking tracks, minimally outfitted performance space (for the arts, yoga, etc.) and operational space for the Recreation Department. They are eager to work out the details with the city planners and Council. Ms. Reese cited the long-established need and noted this was never placed on a ballot. School space is not consistently available and is mostly used by the schools for after-school programs, fairs, plays, etc. The available time and space is not adequate, and residents are going to other communities instead. Mr. Dore stressed that this is very preliminary planning. They have been considering three potential types of construction: an inflatable “bubble,” which would have a 15-20 year life span, a semi-rigid structure, which would last 25 years, and “hard” construction which would last 50 years. In would be located on the south side of the Cairns arenas. The building would be 44,200 sq. ft. with a 14,000 sq. ft. second level. There have been meetings with the Cairns arena people to achieve an indoor connection and synergy with the rinks. Mr. Dore then showed a first floor plan and noted the inclusion of bathroom facilities for the park itself. There would be an elevator to the second level where offices for the Recreation Department would be located. Mr. Kaufman noted that the basketball courts would be convertible to any netted sport. Mr. Dore then showed an artist’s concept for the building exterior and said it could possibly be solar ready. Mr. Kaufman added that the building could capture some of the heat from the skating rink which could lower their cooling costs. He felt the inflatable option was not viable. CITY COUNCIL 17 DECEMBER 2018 PAGE 6 Mr. Dore said he would put together numbers for all options for presentation in mid-January. He hoped they could have things ready for when the arena construction begins in July. 10. Receive and review feasibility report authored by South Burlington City Center for the Arts related to a proposal to build a creative arts facility in South Burlington: Mr. Bardin said he is the Executive Director of a non-profit that is looking at the possibility of such an art center. He introduced Board members and Don Hirsch, the consultant what has done the feasibility study. He also noted that they have conducted focus groups and surveys related to the need for a mid-size performance area. Mr. Bardin said their intent is to be a “producing venue” as well as bringing in acts from elsewhere. They would bring professionals in to work with area youth. They could also offer broadscale jobs (marketing, technology, etc.) which can be filled by internships as well. This could offer youth a reason to stay in the area when they finish school. Mr. Bardin stressed that they will be imbedding emerging technology in the facility which would drive down costs of production and all for future use to bring money back to the facility. Mr. Hirsch stressed that he took a very conservative approach to the project. The proposal is for a 500-600 seat, main-stage theatre with no fixed seating. There would be an atrium lobby, dance studios, consume shops, etc. The facility would operate year-round and would be a producing and presenting venue that could book touring artists. There could be a rental income as well as educational opportunities. Mr. Hirsch felt there could be a significant, positive economic impact from jobs, increased business to local restaurants, hotels, etc. They are currently studying a number of ownership scenarios and funding options. Mr. Hirsch said they could be slightly in the red for the first few years, but that could go the other way. Survey comments were very encouraging. One group said they could use the facility 40 times a year. Mr. Hirsch felt the audience base is here as well as the rental potential. Mr. Chittenden asked how this would work with Burlington possibly revitalizing Memorial Auditorium. Mr. Hirsch said he didn’t know. Mr. Kaufman asked about location and suggested the Park near the skating/recreation facilities. Mr. Dorn said that is one of the models they are looking at. CITY COUNCIL 17 DECEMBER 2018 PAGE 7 Mr. Bardin noted that grants and endowments are getting harder to secure, and they have been reaching out to commercial organization for partnerships which could drive down the cost of running the facility. Council members looked forward to continuing the conversation. 11. Council discussion on an amendment to the City of South Burlington Charter to authorize the collection of an additional 1% on the Local Option Tax for the purpose of financing certain identified Public Projects and possible call to convene the City Charter Committee: Mr. Dorn noted that the School district is also working on projects for the Middle and High Schools which would be driven by the property tax. In order not to confuse the public, staff has identified adding another 1% to the local option taxes. The current local option tax helps to hold down property taxes and pays for the debt on the Police Station. The proposal would increase the sales and rooms/meals local option taxes to 2% to be used to fund projects such as those heard tonight. When the debt on those projects is paid, the additional 1% would sunset. Projecting out a total cost of $45,000,000, the debt could be paid off in 15 years, with the state getting 30% of the additional tax. It would be 10 years if the city got the full tax. These would not be TIF projects, though the Arts Center could be, if it were to be located in City Center. To get the additional 1% local option tax, the Council would have to approve a Charter amendment in March. It would then go to the Legislature for approval. There would then be a triggering mechanism, probably a vote to incur debt. Mr. Dorn felt the Charter Committee could work out the language in the next few weeks. Mr. Kaufman noted that a lot of the local option tax is paid for by non-residents. Mr. Chittenden did not want to restrict the use of the additional tax to specific projects. Mr. Dorn suggested the possibility of a special Council meeting in January to decide whether to go ahead with this. 12. Comments from the Energy Committee: CITY COUNCIL 17 DECEMBER 2018 PAGE 8 Ms. McGinnis said the Committee is anxious to accelerate reaching their energy goals. She reviewed the previous Council resolution regarding reduction in energy use. She noted that implementation has been slow, but noted that what has been done has resulted in significant savings. The revenue from the solar installation at the landfill is $90,000 a year. The Energy Committee is working closely with Efficiency Vermont as to what more can be done. The goal is to have the savings re-invested into energy saving projects. Ms. McGinnis cited the need for staffing and said the existing staff is already overtaxed. She recommended the hiring of a part time Energy Services Manager to manage energy saving projects. This could be funded from the solar reserve fund, efficiency savings, the stewardship fund, municipal lease and/or a revolving fund. Mr. Cummings then addressed attention to a list of projects identified by Efficiency Vermont that need to be done. Ms. Emery cited the need to follow through on the Council’s resolutions and to meet the goals they have set for themselves. Mr. Dorn stressed that there is not staff capacity to do what the Committee is asking for. The question is whether to use the energy savings only for energy or using it also to help address health care costs and other burdens on the taxpayers. He said the Council has to make that decision. He also added that using the money from the solar array is easy as it is now in a special fund. Mr. Hubbard noted the proposed FY20 budget includes a $25,000 increase in the stewardship fund. That could help fund part of a part time person. Ms. Riehle said the Council will do what it can when it addresses the budget. 13. (formerly #17) Interim Zoning Appointments discussion related to committee membership and possible amendments to the IZ work plan: Ms. Emery moved to appoint Alyson Chalnick, Tami Zylka, Amanda Holland, Bernie Gagnon and Betty Milizia to the Open Space Committee and Michael Mittag (with Monica Ostby as alternate), Tom Bailey and Michael Albertson to the TCR Committee. Mr. Barritt seconded. Motion passed unanimously. CITY COUNCIL 17 DECEMBER 2018 PAGE 9 Members then considered appointments of members of the public to the committees. Mr. Chittenden moved to appoint Sophie Mazalotti, Allan Strong and Vice Bolduc to the Open Space Committee. Mr. Barritt seconded. Motion passed unanimously. Ms. Emery agreed to be the City Council representative to the Open Space Committee, and Mr. Barritt agreed to serve on the TDR Committee. The Council agreed to appoint Patrick O’Brien to the TDR Committee, if he is interested. Mr. Kaufman then moved to appoint Andrew Chalnick to the TDR Committee. Ms. Emery seconded. Motion passed 4-0 with Mr. Chittenden abstaining. Mr. Kaufman moved to appoint Sam Swanson to the Open Space Committee. Ms. Emery seconded. Motion passed unanimously. Ms. Emery drew attention to the memorandum from Charlie Baker of CCRPC noting a forecast of 25% increase in traffic on I-89 by 2050, a 35% increase in jobs, and a 25% increase I households. She felt that inclusionary zoning would fit with those figures. She also noted that CCRPC has agreed to help with IZ for $15,000. Mr. Hubbard noted that Mr. Conner was very pleased with the offer. Ms. Riehle asked Mr. Hubbard to advise where he “finds” the money for this. 14. Overview of FY2020 General Fund Budget: Mr. Hubbard said the increase is at 2.84% as of now though the amount may be a bit higher. There is a 1.25% increase in the grand list. He feels very good about what is proposed. There will be a budget work session on 7 January. Mr. Kaufman felt Department heads should just present anything different/significant, not the “every day” things. 15. October/November Financials: Mr. Hubbard said they are in good shape at 60% of estimated revenue and 45% of expenses. CITY COUNCIL 17 DECEMBER 2018 PAGE 10 16. Councilors’ reports from Committee assignments: Mr. Chittenden noted that Green Mountain Transit is looking at a $1,000,000 deficit. They are finally seeing a ridership increase. Budget numbers will be finalized this week, and there will be more to report at the next Council meeting. Members agreed to skip agenda item #18 due to the late hour. 17. Other Business: Ms. Riehle said it would be helpful to review the “naming rights” policy, though there is no rush for this. Ms. Riehle also indicated that the Council can look at her concern with signs at a later meeting. Mr. Barritt noted receipt of a complaint from a citizen regarding parking on both sides of Green Mountain Drive. The citizen was concerned that there would not be sufficient access for emergency vehicles. Ms. Emery said she was disheartened to hear the Governor say that more didn’t need to be done regarding the governance issues at the National Guard. She was pleased that the Legislature is concerned. Rep. Helen Head is Chair of the Sexual Harassment Committee. Ms. Emery felt the Guard has not always been forthcoming with the Council. Mr. Kaufman said the Vermont National Guard is a State issue, and he felt the State should deal with it via the Legislature. Ms. Riehle felt Council members could write individually to Legislatures but did not feel Council action was called for. Mr. Barritt noted the Council, as Liquor Control Board, controls the liquor license. He suggested getting a legal opinion as to what the Board can do if there has been a violation. Mr. Dorn noted the license is for the Officers Club, not the “other facility” where it appears the violations took place. As there was no further business to come before the Council, Mr. Chittenden moved to adjourn. Mr. Kaufman seconded. Motion passed unanimously. The meeting was adjourned at 11:29 p.m. ________________________________, Clerk MEMORANDUM TO: South Burlington City Council FROM: Andrew Bolduc, Esq., South Burlington City Attorney DATE: 1/22/19 RE: Leased “Glebe” Lands at 1400 Spear Street Background Back in June, 2017, the City received its first request in a number of years from an attorney representing the seller of 61 Proctor Ave to convey City “leased” or “glebe” land via a quitclaim deed.1 As mentioned at that time, buyer’s title insurance companies statewide have increasingly required sellers to obtain a quitclaim deed from municipalities releasing this interest prior to transfer. The City received another request from an attorney representing the sellers of a residential parcel at A1 Stonehedge, and just received its third from an attorney representing the sellers of a property at 1400 Spear Street. As mentioned during the previous requests, these lands may have some value to the City so the Council must weigh retaining the City’s potential residual rights in these lands against the possible challenges this creates for homeowners trying to sell their property who have been paying property taxes in lieu of rent as a lessee since the property was purchased. The attached quitclaim deed was provided by the seller’s attorney and is in satisfactory form. Please note, in response to complaints by buyers and sellers of lands in municipalities throughout the state that have this “glebe” property interest, last session, the legislature passed 24 V.S.A. § 2409, which requires municipalities to vote in the affirmative to retain all remaining “glebe” interests by January 1, 2020.2 Conclusion If the Council desires to proceed with the conveyance as with 61 Proctor Ave and A1 Stonehenge, approve the consent item as presented. Total staff time processing this request was under one hour. 1 Additional reference materials explaining this land interest was included in Council packets for the July 5, 2017 meeting. 2 City staff is currently working to put together an inventory of these lands within its borders so that the City Council at a later meeting but prior to the January 1, 2020 deadline can consider whether to retain these lands or to allow fee simple title to vest in the current lessees of record. QUITCLAIM DEED KNOW ALL PERSONS BY THESE PRESENTS that the CITY OF SOUTH BURLINGTON, a Vermont municipality with its principal place of business in the City of South Burlington, County of Chittenden and State of Vermont, Grantor, in consideration of TEN AND MORE DOLLARS paid to its full satisfaction by WILLIAM A. GILBERT and MAURENE G. GILBERT, husband and wife, of the City of South Burlington, County of Chittenden and State of Vermont, Grantees, has REMISED, RELEASED, AND FOREVER QUITCLAIMED unto the said Grantees, WILLIAM A. GILBERT and MAURENE G. GILBERT, husband and wife as tenants by the entirety, and their heirs and assigns, all right and title in and to a certain parcel of land in the City of South Burlington, County of Chittenden and State of Vermont, described as follows, viz: Being all and the same land and premises conveyed to William A. Gilbert and Maurene G. Gilbert by Warranty Deed of Richard R. Garnache, dated October 10, 1984, recorded October 10, 1984, in Book 209 at Page 225 of the South Burlington Land Records, and being more particularly described as follows: Being all and the same lands and premises conveyed to Richard R. Garnache and Suzanne W. Garnache by Warranty Deed of Roger P. Wodehouse and Ellys B. Wodehouse, dated August 18, 1967, recorded in Book 85 at Page 369 of the South Burlington Land Records. Being a parcel of land with all improvements thereon and appurtenances thereto, located on the easterly side of Spear Street, in South Burlington, the main structure thereon being known and designated as 1400 Spear Street. The property described herein is glebe land, so-called, and subject to an annual rent. Said lands and premises are subject to any easements and rights of way of record. Reference is hereby made to the above-mentioned instruments, the records thereof, the references therein made, and their respective records and references, in further aid of this description. TO HAVE AND TO HOLD all right, title and interest in and to said quitclaimed premises, with all the privileges and appurtenances thereof, to the said Grantees, WILLIAM A. GILBERT and MAURENE G. GILBERT, husband and wife as tenants by the entirety, and their heirs and assigns, forever; - 2 - The purpose of this Quitclaim Deed is to convey, release and eliminate any and all right, title and interest of the City of South Burlington to the herein described premises pursuant to any perpetual lease or so-called “glebe interests” affecting said property. In making this conveyance, Grantor, City of South Burlington, is acting under its authority as set forth in 24 V.S.A. §2406. AND the said Grantor, the CITY OF SOUTH BURLINGTON, for itself and its successors and assigns, does covenant with the said Grantees, WILLIAM A. GILBERT and MAURENE G. GILBERT, and their heirs and assigns, that from and after the execution of this deed, the said Grantor will have and claim no right in or to the said quitclaimed premises. IN WITNESS WHEREOF, the Grantor has signed and sealed this deed this ____ day of ______, 2019. CITY OF SOUTH BURLINGTON By: ____________________________ Its: ____________________________ STATE OF VERMONT CHITTENDEN COUNTY, ss. At __________________ in said County and State this ____ day of __________, 2019, ________________, duly authorized agent of the City of South Burlington, personally appeared and acknowledged this instrument, by him/her signed and sealed, to be his/her free act and deed, and the free act and deed of the City of South Burlington. Before me, ____________________________________ Notary Public My commission expires: 18920417.1 Resolution to Create an Energy Project Reserve Fund Whereas, the City Charter, section 13-310 (7) states, “The city council and the school board, by their own actions, may establish reserve funds to pay for public improvements, replacement of equipment, and planned or unplanned operating expenditures. Monies to be deposited in any fund shall be included in a city or school district budget and shall not be excluded in calculating the net cost of operation pursuant to subsection 1309(a) of this chapter. Reserve funds shall be kept in separate accounts and invested in the same manner as other public funds. The city council and the school board may, from time to time, expend monies in those funds for purposes for which they were established without voter approval.”; and, Whereas, the City of South Burlington has supported the efforts of the South Burlington Energy Committee in the past and has expressed continued support in a formalized plan moving forward; and, Whereas, the Energy Committee was formed to help identify energy projects within the city that would create efficiencies and save tax dollars, which could be reinvested to create further efficiencies and savings; and, Whereas, it is the desire of the Energy Committee and the City Council to transfer said funds into the specified City Reserve Fund; and, Whereas, the fund is established to provide resources for the City to make capital improvements to City facilities to reduce the use of energy; and, Whereas, the Energy Project Manager will be charged as the custodian of the money and ensure its appropriate use and disbursement and present financial reports to the Energy Committee and the City Council; and, Whereas, all expenditures will be made in consultation with the Energy Committee and Staff; and, Now, Therefore, Be it Resolved, that the City Council hereby creates a Reserve Fund whose purpose is to secure and disburse these funds as deemed appropriate, with due diligence and oversight by the City; and, Furthermore, Be It Resolved, that all money placed in this Reserve Fund shall only be disbursed for the uses identified in this Resolution. Dated the 22nd day of January, 2019 SOUTH BURLINGTON CITY COUNCIL ________________________ ________________________ Helen Riehle, Chair Tom Chittenden ________________________ ________________________ Meaghan Emery, Vice Chair David Kaufman ________________________ Tim Barritt, Clerk 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: Kevin Dorn, City Manager South Burlington City Council FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Interim Zoning Application Fees DATE: January 22, 2019 Council meeting With the adoption of the Interim Bylaw late last year, staff recommends that the Council update the Planning & Zoning Fee Schedule to include a fee for Interim Zoning applications before the City Council. This fee is intended to cover the administrative functions associated with applications, including public notice of hearings, meeting preparation, administration, and decision preparation and issuance. Staff recommends that the fee be set at $275 per application, plus the $13 clerk’s recording fee. This fee mirrors the application fee for a Site Plan before the Development Review Board. WARNING CITY OF SOUTH BURLINGTON ANNUAL CITY MEETING MARCH 5, 2019 The legal voters of the City of South Burlington are hereby notified and warned to meet at their respective polling places at the Chamberlin School on White Street, the Frederick H. Tuttle Middle School on Dorset Street and the Orchard School on Baldwin Avenue on Tuesday, March 5, 2019 at 7 o’clock in the forenoon, at which time the polls will open until 7 o’clock in the evening, at which time the polls will close, to vote by Australian Ballot on the following Articles: ARTICLE I ELECTION OF CITY OFFICERS AND CITY COUNCILORS To elect all City Officers and City Councilors required by law. ARTICLE II APPROVAL OF CITY BUDGET Shall the City adopt the City Council’s proposed budget for FY 2020 totaling $60,006,766 of which it is estimated $16,126,330 will be raised by local property taxes? ARTICLE III CITY CHARTER AMENDMENT 1 Shall the voters amend the City of South Burlington Charter to add Section 13-1507 as follows: § 13-1507. Limited purpose sales, rooms, meals, and alcoholic beverages tax (a) Only after voter approval for financing of capital projects within the City: The City Council may assess an up to one percent tax, in addition to the rates authorized under section 13- 1506 of this chapter, on those transactions in the City involving sales, rooms, meals, and alcoholic beverages which are subject to taxation by the state of Vermont. The authority of the City Council to impose said tax was approved by the voters on ____________. Imposition of this tax shall be in accordance with the requirements of sections 138(c) and (d) of Title 24. (b) All tax revenue from this additional source received by the City shall be used to: (1) Service and retire any debt incurred for financing capital projects approved by the voters within ten years from the first voter-approved capital project after adoption of this section. (2) Fund a capital reserve fund for voter-approved City projects under (c)(1) of this section, in an amount not to exceed ten percent of the total voter-approved debt incurred for the capital project. (c) For purposes of this section, “voter-approved capital project” shall mean voter-approved debt for the construction or improvement of municipal facilities and infrastructure that are intended to accelerate economic growth and quality of life in the City and region, such as, an indoor recreation facility, performing arts center, bicycle and pedestrian infrastructure, or a mixed-use arena facility. ARTICLE IV CITY CHARTER AMENDMENT 2 Shall the voters amend the City of South Burlington Charter to add Section 13-1508 as follows: §13-1508. Short term car rental highway infrastructure tax (a) The City Council may impose an up to five percent tax on those transactions in the city involving short term car rentals. The authority of the City Council to impose said tax was approved by the voters on ____________. The tax imposed under this section shall be collected and administered by the City of South Burlington. (b) The City Council shall impose and administer the tax authorized by this section by adopting an ordinance in the manner provided by sections 106-109 of this chapter. (c) For purposes of this section, “short term car rental” shall mean any rental of a pleasure car for a period of less than six months. It shall not mean, rental of motor trucks, motor buses, motorized highway building equipment, road making appliances, school buses, tractors, motor-driven cycles, electric personal assistive mobility devices, agricultural service vehicles, and category I and II special purpose vehicles, as these terms are defined under section 4 of Title 23. In addition, it shall not include membership-based community carsharing services. The term “pleasure car” shall be defined as under section 4 of Title 23. (d) Highway infrastructure tax revenue received shall be used to fund city highway maintenance expenses in order to reduce the municipal property tax collected on the city grand list and shall not be used to increase total City revenues. The legal voters of the City of South Burlington are further notified that a public hearing on the proposed City and School District budgets will be conducted on March 4, 2019 at 7 P.M. at the Frederick H. Tuttle Middle School Cafeteria, 500 Dorset Street, South Burlington, Vermont. POLLING PLACES FOR VOTING ON THESE ARTICLES ARE THE CHAMBERLIN SCHOOL ON WHITE STREET, THE FREDERICK H. TUTTLE MIDDLE SCHOOL ON DORSET STREET AND THE ORCHARD SCHOOL ON BALDWIN AVENUE. VOTERS ARE TO GO TO THE POLLING PLACE IN THEIR RESPECTIVE DISTRICT. [SIGNATURE PAGE TO FOLLOW] Dated at South Burlington, Vermont, this ________ day of January, 2019. ______________________ ______________________ Helen Riehle, Chair Meaghan Emery, Vice Chair ______________________ _______________________ Tim Barritt, Clerk Thomas Chittenden _______________________ David Kaufman Received and recorded this ___ day of January, 2019. __________________________________________ Donna Kinville, City Clerk 941.25'144.00'112.00'144.00' S = 11% S = 11% []XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX1ƒ  ( 202.66'1ƒ (625.89'1ƒ       : 237.8 3 '1  ƒ      : 5 9 4 . 1 9 ' 203.84' 1ƒ    ( 662.40' 6ƒ : 183.40'38'6ƒ :450.24'6ƒ (100.36'6ƒ :223.09'6ƒ :70.65'6ƒ : 34.35' CURVE DATA TABLE CURVE ARC LENGTH RADIUS CHORD BEARING CHORD LENGTH DELTA ANGLE C1 264.71'2819.79'6ƒ :264.61'ƒ C120' FRONT SETBACK ZONING10' SIDE SETBACKZONING 30' REAR SETBACK ZONING 10' SI DE S ET B A C K ZONIN G 66' (4 ROD) R.O.W. PLAT AND PLAN REF. 6 & 7 85.00' PLAT AND PLAN REF . 6 & 7 WWW EXISTING WATER LINE FROM SPRING TO HOMESTEAD TO BE ABANDONED OHOHPROPOSED UTILITY POLE TO BE RESET AT ORIGINAL LOCATION PROPOSED 20' WIDE EASEMENT FOR OVERHEAD POWER LINES AND COMMUNICATION LINES TO BENEFIT LOTS 2 & 3. 0 Feet Graphic Scale 100 100 200 300 400 ƒ“VT GridMagneticPROJECT LOCATION 1 OF 1 03-20-2018 This plat was created using pigment based ink on stable mediaDescriptionRevisions ByDate# 478 BLAIR PARK ROAD | WILLISTON, VERMONT 05495 802 879 6331 | WWW.TCEVT.COM TRUDELL CONSULTING ENGINEERS Date: Scale: Drawn By:Crd file: Sheet:Surveyed By:STA TE OF VER M ONT LAND S U R V EYORLAND S U R V EYORLICE N S E DLICENSED MARK A. DAY No. 732STATE O F VER M ONT THIS PLAT IS BASED ON A FIELD SURVEY WHICH MEETS OR EXCEEDS THE MINIMUM STANDARDS AS SET FORTH BY THE VERMONT BOARD OF LAND SURVEYORS. FIELD EVIDENCE, PERTINENT RECORD INFORMATION, AND PAROLE EVIDENCE WAS USED IN THE CALCULATION AND DETERMINATION OF THE BOUNDARIES SHOWN ON THIS PLAT. ANY INCONSISTENCIES ARE SHOWN HEREON TO THE BEST OF MY KNOWLEDGE. THIS PLAT MEETS THE REQUIREMENTS OF 27 VSA 1403. ¬ MARK A. DAY, L.S. #732 DATE Field Bk: Project #: 1 06/20/18 MADADD EASEMENT UTILITY POLE BARBED WIRE/ WOVEN WIRE FENCE STONE WALL OVERHEAD UTILITY LINE REINFORCING BAR ( FOUND ) CONCRETE MONUMENT ( FOUND ) REBAR ( SET ) IRON PIPE ( FOUND ) CALCULATED POINT X X OH OH tax map no. 0860-01625 Leo & Joan C. Nadeau v. 142, p. 582 map slide 62 LEGEND 653,476 SF ~ 15.00 ACRES NEW LOT 3 NOTES: 1.THIS PLAT IS BASED ON DEEDS RESEARCHED IN THE CITY OF SOUTH BURLINGTON LAND RECORDS AND FEATURES LOCATED IN THE FIELD WITH A TOTAL STATION ON 03/01/18. 2.BEARINGS ARE BASED ON MAGNETIC NORTH ARE VERMONT STATE PLANE GRID NORTH ESTABLISHED WITH A TRIMBLE RTK UNIT WITH OBSERVATIONS FROM VERMONT CORS STATION VTRI (RICHMOND). 3.THIS PARCEL WAS CONVEYED TO ERNEST N. AUCLAIR IN VOLUME 171 PAGE 478 & VOLUME 171 PAGE 480. 4.REBARS SET ARE NO. 5 REINFORCING BARS WITH ALUMINUM CAPS STAMPED "TRUDELL CONSULTING ENGINEERS, LLS 732". 5.DISTANCES ARE SHOWN TO THE HUNDREDTH OF A FOOT AND BEARINGS ARE SHOWN TO THE SECOND FOR MATHEMATICAL CLOSURE PURPOSES ONLY. 6.AN ATTEMPT HAS BEEN MADE TO IDENTIFY OR DELINEATE EASEMENTS, RIGHTS OF WAY, LEASE LANDS, ENCROACHMENTS, ETC. OBSERVED IN THE FIELD OR READILY FOUND IN THE LAND RECORDS. ADDITIONAL ENCUMBRANCES MAY EXIST WHICH ARE NOT SHOWN ON THIS PLAT. 7.UNDERGROUND UTILITY LINES SHOWN ARE BASED ON ABOVE GROUND STRUCTURES AND PLANS OF RECORD. ACTUAL LOCATION OF UNDERGROUND LINES MAY VARY. 8.ZONING= NEIGHBORHOOD/RESIDENTIAL. SETBACKS ARE 20' ON FRONTAGE, 30' ON REAR, AND 10' ON SIDE LINES OF PROPOSED NEW LOT. 18-002AAL 350 18002.crd PLAT AND PLAN REFERENCES: 1."CIDERMILL II, PLANNED RESIDENTIAL DEVELOPMENT, DORSET STREET, SOUTH BURLINGTON, VERMONT" DATED 5/20/2015 BY BUTTON PROFESSIONAL LAND SURVEYORS, RECORDED ON SLIDE 596. 2."PLAT OF BOUNDARY SURVEY SHOWING A PORTION OF LANDS OF ERNEST N. AUCLAIR & PURCHASE OF DEVELOPMENT RIGHTS BY DORSET STREET ASSOCIATES, LLC & G & A ASSOCIATES, LLC, ROUTE 116, SOUTH BURLINGTON, VERMONT" DATED 12-08-2005, BY BUTTON PROFESSIONAL LAND SURVEYORS, PC, AND RECORDED AS SLIDE 537. 3."PORTION OF THE LANDS OF ERNEST N. AUCLAIR OFF HINESBURG ROAD, SOUTH BURLINGTON, VERMONT, SUBDIVISION PLAT" DATED 10-07-05, BY BUTTON PROFESSIONAL LAND SURVEYORS, PC, AND RECORDED AS SLIDE 478, MAP #4. 4."PLAT OF SURVEY FOR LEO & JOAN C. NADEAU IN THE CITY OF SOUTH BURLINGTON, VT." DATED 8-22-1978, BY JOHN A. MARSH, AND RECORDED AS SLIDE 62. 5."PROPOSED SUBDIVISION OF LANDS OF JUDITH STULTZ SCOTT & CHARLES LEWIS SCOTT II, TRUSTEES AUTUMN HILL ROAD SOUTH, BURLINGTON, VERMONT" BY HARRIS SURVEYING & DISPUTE RESOLUTION, HINESBURG, VERMONT, DATED 12-5-2005 AND AND RECORDED AS SLIDE 482, MAP #6. 6. "SOUTH BURLINGTON PROJECT F no 021-1 (5),SHEETS 6 AND OF 44", APPROVED BY THE F.H.C. ON 06-02-79. 7."SOUTH BURLINGTON PROJECT ROS no 021-1 (4)S, SHEETS 4 & 5 OF 31", APPROVED BY THE F.H.C. ON 10-27-76. Ernest N. Auclair Family Trust Parcel ID# 0860-01751 Vermont Route 116, Hinesburg Road South Burlington, Vermont Subdivision Plat for BGP1" = 100' CURVE DATA TABLE REFERENCEC1 EXISTING BOUNDARY LINE NEW BOUNDARY LINE tax map no. 0860-01549 Edward S. Emery III Trust v. 1165, p. 153 LOT 2 PREVIOUSLY APPROVED LOT 1 117 ACRES +- 75' ROW reserved in vol. 61, pg. 343 (Chittenden to Andrews, 7-2-62) non-exclusive right of way by Chittenden to Nadeau see v. 142, pg. 343 NADEAUCR E S T D R I V E (NOT DEVELO P E D ) tax map no. 0860-01751 Portion of Ernest N. Auclair Family Trust v, 1151, p. 283, v. 171, p. 478, & v. 171, p. 480 map slide 478, map 4 tax map no. 0860-01699 JJJ South Burlington, LLC v. 1191, p. 262 map slide 496, 497 VT. RTE. 116~ HINESBURG ROADLEDGE OUTCROPtax map no. 0860-01751 Remaining Lands of Ernest N. Auclair Family Trust v, 1151, p. 283, v. 171, p. 478, & v. 171, p. 480 map slide 478, map 4 DAIRY BARN BARN BRICK HOMESTEAD 5/8 REBAR FOUND UP.10' ALUM CAP "LS #695" 1" IRON PIPE UP12", LEANING SOUTH AT CNR OF BW FENCE REBAR FOUND UP 0.7' ALUM CAP "VT. LS 695" DRILLED & SET IN 24" STONE 1" IRON PIPE UP.1', LEANING WEST. (NOT HELD OR DIMENSIONED ON THIS PLAT) 5/8 REBAR UP 1.1' YELLOW PLASTIC CAP "BAPLS LS 415" FOUND AT BWF CORNER 1" O.D. IRON PIPE UP 1.9', LOOSE BUT STRAIGHT. (NOT HELD OR DIMENSIONED ON THIS PLAT) GRAVEL DRIVEWAY 12' WIDE TO NADEAU tax map no. 0860-01731 Remaining Lands of Ernest N. Auclair Family Trust v, 1151, p. 283, v. 171, p. 478, & v. 171, p. 480 map slide 478, map 4 map slide 537 5/8 REBAR FOUND UP.25' ALUM CAP "VT LS #741" 4"X4" CONCRETE MONUMENT UP 0.8' SOUTH BURLINGTON CITY CLERK'S OFFICE RECEIVED FOR RECORD ______________________________________A.D. 201_________ at _____________ O'clock ____________ minutes ________ m and recorded in Slide__________________________________ Attest: _____________________________________ City Clerk APPROVED BY RESOLUTION OF THE DEVELOPMENT REVIEW BOARD OF THE CITY OF SOUTH BURLINGTON, VT. ON THE ______ DAY OF ________________________ 201___, SUBJECT TO THE REQUIREMENTS AND CONDITIONS OF SAID RESOLUTION. SIGNED THIS ______ DAY OF ________________________ 201___, BY __________________________________________ CHAIRMAN OR CLERK 1 2 06/29/18 BGPREBAR PINS SET SET UP 0.4' IN SMALL STONE PILE AT BOTTOM OF EXPOSED LEDGE SET UP 0.4' SET DOWN 0.1' IN CONCRETE PAD Replacement for house For future develop- ment 941.25'XXXXXXXXXXXXXXXN 7 8 °5 7 '2 1 "E 2 02 .6 6 'N00°00'07"E625.89'N72°09'14"W237.83' N 3 7 °5 3'3 1"W5 9 4.1 9' 2 03 .84' N 7 6 °1 6 '1 2 "E 6 6 2 .4 0 ' S 02°57'22" W 183.40'38'S03°22'02"W450.24'S03°29'58"E100.36'S03°07'57"W223.09'S03°44'39"W70.65'S 04°06'57"W 34.35' CURVE DATA TABLE CURVE ARC LENGTH RADIUS CHORD BEARING CHORD LENGTH DELTA ANGLE C1 264.71'2819.79'S 00°40'40" W 264.61'5°22'43"C120'FRONT SETBACKZONING10'SI DESETBACKZONI NG30' REAR SETBACKZONING 10'SID ESETBA C KZO N IN G 66'(4 ROD)R.O.W.PLAT AND PLAN REF.6 &7 85 .00' PLAT AND PLAN R EF .6 &7 W EXISTING WATER LINE FROM SPRING TO HOMESTEAD TO BE ABANDONED PROPOSED UTILITY POLE TO BE RESET AT ORIGINAL LOCATION PROPOSED 20' WIDE EASEMENT FOR OVERHEAD POWER LINES AND COMMUNICATION LINES TO BENEFIT LOTS 2 & 3.S:\_TCEDRAWINGS\2018\002-HeidiAuclair-Farm-15ACRE-SouthBurlington\18-002Plat-15Acre.dwg,6/25/20189:53:20AM,PDF-XChangeStandardV6(temporary).pc30 Feet Graphic Scale 100 100 200 300 400 1 5°±VTGridMagneticPROJECT LOCATION 1 OF 1 03-20-2018 ThisplatwascreatedusingpigmentbasedinkonstablemediaDescriptionRevisions ByDate# 478 BLAIR PARK ROAD | WILLISTON, VERMONT 05495 802 879 6331 | WWW.TCEVT.COM TRUDELL CONSULTING ENGINEERS Date: Scale: Drawn By:Crd file: Sheet:Surveyed By:STATEO F VERM O N T LAN D S U R V EYORLAN D S U R V EYORLICE N S E DLICENSED MARK A.DAY No. 732STATEOFVERM O NT THIS PLAT IS BASED ON A FIELD SURVEY WHICH MEETS OR EXCEEDS THE MINIMUM STANDARDS AS SET FORTH BY THE VERMONT BOARD OF LAND SURVEYORS. FIELD EVIDENCE, PERTINENT RECORD INFORMATION, AND PAROLE EVIDENCE WAS USED IN THE CALCULATION AND DETERMINATION OF THE BOUNDARIES SHOWN ON THIS PLAT. ANY INCONSISTENCIES ARE SHOWN HEREON TO THE BEST OF MY KNOWLEDGE. THIS PLAT MEETS THE REQUIREMENTS OF 27 VSA 1403.   MARK A. DAY, L.S. #732 DATE Field Bk: Project #: 1 06/20/18 MADADD EASEMENT UTILITY POLE BARBED WIRE/ WOVEN WIRE FENCE STONE WALL OVERHEAD UTILITY LINE REINFORCING BAR ( FOUND ) CONCRETE MONUMENT ( FOUND ) REBAR ( TO BE SET ) IRON PIPE ( FOUND ) CALCULATED POINT X OH tax map no. 0860-01625 Leo & Joan C. Nadeau v. 142, p. 582 map slide 62 LEGEND 653,476 SF ~ 15.00 ACRES NEW LOT 3 NOTES: 1. THIS PLAT IS BASED ON DEEDS RESEARCHED IN THE CITY OF SOUTH BURLINGTON LAND RECORDS AND FEATURES LOCATED IN THE FIELD WITH A TOTAL STATION ON 03/01/18. 2. BEARINGS ARE BASED ON MAGNETIC NORTH ARE VERMONT STATE PLANE GRID NORTH ESTABLISHED WITH A TRIMBLE RTK UNIT WITH OBSERVATIONS FROM VERMONT CORS STATION VTRI (RICHMOND). 3. THIS PARCEL WAS CONVEYED TO ERNEST N. AUCLAIR IN VOLUME 171 PAGE 478 & VOLUME 171 PAGE 480. 4. REBARS SET ARE NO. 5 REINFORCING BARS WITH ALUMINUM CAPS STAMPED "TRUDELL CONSULTING ENGINEERS, LLS 732". 5. DISTANCES ARE SHOWN TO THE HUNDREDTH OF A FOOT AND BEARINGS ARE SHOWN TO THE SECOND FOR MATHEMATICAL CLOSURE PURPOSES ONLY. 6. AN ATTEMPT HAS BEEN MADE TO IDENTIFY OR DELINEATE EASEMENTS, RIGHTS OF WAY, LEASE LANDS, ENCROACHMENTS, ETC. OBSERVED IN THE FIELD OR READILY FOUND IN THE LAND RECORDS. ADDITIONAL ENCUMBRANCES MAY EXIST WHICH ARE NOT SHOWN ON THIS PLAT. 7. UNDERGROUND UTILITY LINES SHOWN ARE BASED ON ABOVE GROUND STRUCTURES AND PLANS OF RECORD. ACTUAL LOCATION OF UNDERGROUND LINES MAY VARY. 8. ZONING= NEIGHBORHOOD/RESIDENTIAL. SETBACKS ARE 20' ON FRONTAGE, 30' ON REAR, AND 10' ON SIDE LINES OF PROPOSED NEW LOT. 18-002AAL 350 18002.crd PLAT AND PLAN REFERENCES: 1. "CIDERMILL II, PLANNED RESIDENTIAL DEVELOPMENT, DORSET STREET, SOUTH BURLINGTON, VERMONT" DATED 5/20/2015 BY BUTTON PROFESSIONAL LAND SURVEYORS, RECORDED ON SLIDE 596. 2. "PLAT OF BOUNDARY SURVEY SHOWING A PORTION OF LANDS OF ERNEST N. AUCLAIR & PURCHASE OF DEVELOPMENT RIGHTS BY DORSET STREET ASSOCIATES, LLC & G & A ASSOCIATES, LLC, ROUTE 116, SOUTH BURLINGTON, VERMONT" DATED 12-08-2005, BY BUTTON PROFESSIONAL LAND SURVEYORS, PC, AND RECORDED AS SLIDE 537. 3. "PORTION OF THE LANDS OF ERNEST N. AUCLAIR OFF HINESBURG ROAD, SOUTH BURLINGTON, VERMONT, SUBDIVISION PLAT" DATED 10-07-05, BY BUTTON PROFESSIONAL LAND SURVEYORS, PC, AND RECORDED AS SLIDE 478, MAP #4. 4. "PLAT OF SURVEY FOR LEO & JOAN C. NADEAU IN THE CITY OF SOUTH BURLINGTON, VT." DATED 8-22-1978, BY JOHN A. MARSH, AND RECORDED AS SLIDE 62. 5. "PROPOSED SUBDIVISION OF LANDS OF JUDITH STULTZ SCOTT & CHARLES LEWIS SCOTT II, TRUSTEES AUTUMN HILL ROAD SOUTH, BURLINGTON, VERMONT" BY HARRIS SURVEYING & DISPUTE RESOLUTION, HINESBURG, VERMONT, DATED 12-5-2005 AND AND RECORDED AS SLIDE 482, MAP #6. 6. "SOUTH BURLINGTON PROJECT F no 021-1 (5),SHEETS 6 AND OF 44", APPROVED BY THE F.H.C. ON 06-02-79. 7. "SOUTH BURLINGTON PROJECT ROS no 021-1 (4)S, SHEETS 4 & 5 OF 31", APPROVED BY THE F.H.C. ON 10-27-76. Ernest N. Auclair Family Trust Parcel ID# 0860-01751 Vermont Route 116, Hinesburg Road South Burlington, Vermont Subdivision Plat for BGP1" = 100' CURVE DATA TABLE REFERENCEC1 EXISTING BOUNDARY LINE NEW BOUNDARY LINE tax map no. 0860-01549 Edward S. Emery III Trust v. 1165, p. 153 LOT 2 PREVIOUSLY APPROVED LOT 1 117 ACRES +- 75'ROW reserved in vol.61,pg.343 (Chittenden to Andrews,7-2-62) non-exclusive right ofway by Chittenden to Nadeau see v.142,pg.343 N A D E A U C R E S T D R I V E (N OT D EVELOPED) tax map no. 0860-01751 Portion of Ernest N. Auclair Family Trust v, 1151, p. 283, v. 171, p. 478, & v. 171, p. 480 map slide 478, map 4 tax map no. 0860-01699 JJJ South Burlington, LLC v. 1191, p. 262 map slide 496, 497 VT.RTE.116~HINESBURGROADLEDGEOUTCROPtax map no. 0860-01751 Remaining Lands of Ernest N. Auclair Family Trust v, 1151, p. 283, v. 171, p. 478, & v. 171, p. 480 map slide 478, map 4 DAIRY BARN BARN BRICK HOMESTEAD 5/8 REBAR FOUND UP.10' ALUM CAP "LS #695" 1" IRON PIPE UP12", LEANING SOUTH AT CNR OF BW FENCE REBAR FOUND UP 0.7' ALUM CAP "VT. LS 695" DRILLED & SET IN 24" STONE 1" IRON PIPE UP.1', LEANING WEST. (NOT HELD OR DIMENSIONED ON THIS PLAT) 5/8 REBAR UP 1.1' YELLOW PLASTIC CAP "BAPLS LS 415" FOUND AT BWF CORNER 1" O.D. IRON PIPE UP 1.9', LOOSE BUT STRAIGHT. (NOT HELD OR DIMENSIONED ON THIS PLAT) GRAVEL DRIVEWAY 12' WIDE TO NADEAU tax map no. 0860-01731 Remaining Lands of Ernest N. Auclair Family Trust v, 1151, p. 283, v. 171, p. 478, & v. 171, p. 480 map slide 478, map 4 map slide 537 5/8 REBAR FOUND UP.25' ALUM CAP "VT LS #741" 4"X4" CONCRETE MONUMENT UP 0.8' SOUTH BURLINGTON CITY CLERK'S OFFICE RECEIVED FOR RECORD ______________________________________A.D. 201_________ at _____________ O'clock ____________ minutes ________ m and recorded in Slide__________________________________ Attest: _____________________________________ City Clerk APPROVED BY RESOLUTION OF THE DEVELOPMENT REVIEW BOARD OF THE CITY OF SOUTH BURLINGTON, VT. ON THE ______ DAY OF ________________________ 201___, SUBJECT TO THE REQUIREMENTS AND CONDITIONS OF SAID RESOLUTION. SIGNED THIS ______ DAY OF ________________________ 201___, BY __________________________________________ CHAIRMAN OR CLERK 1 HMA 09/11/17 5:46 PM EDTdotloop verified JLM 09/12/17 8:11 AM EDTdotloop verified HA 09/13/17 11:20 AM EDTdotloop verified dotloop signature verification: dtlp.us/GRd2-WHcP-xBCq OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP 0 Feet Graphic Scale 200 200 400 600 800 ƒ“VT GridMagneticPROJECT LOCATION 1 of 1 03-20-2018 This plat was created using pigment based ink on stable mediaDescriptionRevisions ByDate# 478 BLAIR PARK ROAD | WILLISTON, VERMONT 05495 802 879 6331 | WWW.TCEVT.COM TRUDELL CONSULTING ENGINEERS Date: Scale: Drawn By:Crd file: Sheet:Surveyed By:STA TE OF VER M ONT LAND S U R V EYORLAND S U R V EYORLICE N S E DLICENSED MARK A. DAY No. 732STATE O F VER M ONT THIS PLAT IS BASED ON A FIELD SURVEY WHICH MEETS OR EXCEEDS THE MINIMUM STANDARDS AS SET FORTH BY THE VERMONT BOARD OF LAND SURVEYORS. FIELD EVIDENCE, PERTINENT RECORD INFORMATION, AND PAROLE EVIDENCE WAS USED IN THE CALCULATION AND DETERMINATION OF THE BOUNDARIES SHOWN ON THIS PLAT. ANY INCONSISTENCIES ARE SHOWN HEREON TO THE BEST OF MY KNOWLEDGE. THIS PLAT MEETS THE REQUIREMENTS OF 27 VSA 1403. ¬ MARK A. DAY, L.S. #732 DATE Field Bk: Project #: tax map no. 0860-0200 Michelle L. Auclair Nadeau v. 460 p. 287 map slide 537 CHEE S E F A C T O R Y 18-004BGP 350 18002.crd Ernest N. Auclair Family Trust Parcel ID# 0860-01731 Vermont Route 116, Hinesburg Road South Burlington, Vermont Right of Way & Easement Plat for BGP1" = 200' NOTES: 1.THIS PLAT IS BASED ON DEEDS RESEARCHED IN THE CITY OF SOUTH BURLINGTON LAND RECORDS AND FEATURES LOCATED IN THE FIELD WITH A TOTAL STATION AND GPS ROVER ON 03/01/18. 2.BEARINGS ARE BASED ON VERMONT STATE PLANE GRID NORTH ESTABLISHED WITH A TRIMBLE GPS RTK UNIT WITH OBSERVATIONS FROM VERMONT CORS STATION VTRI (RICHMOND). 3.THIS PARCEL WAS CONVEYED TO ERNEST N. AUCLAIR IN VOLUME 171 PAGE 478 & VOLUME 171 PAGE 480. 4.REBARS SET ARE NO. 5 REINFORCING BARS WITH ALUMINUM CAPS STAMPED "TRUDELL CONSULTING ENGINEERS, LLS 732". 5.DISTANCES ARE SHOWN TO THE HUNDREDTH OF A FOOT AND BEARINGS ARE SHOWN TO THE SECOND FOR MATHEMATICAL CLOSURE PURPOSES ONLY. 6.AN ATTEMPT HAS BEEN MADE TO IDENTIFY OR DELINEATE EASEMENTS, RIGHTS OF WAY, LEASE LANDS, ENCROACHMENTS, ETC. OBSERVED IN THE FIELD OR READILY FOUND IN THE LAND RECORDS. ADDITIONAL ENCUMBRANCES MAY EXIST WHICH ARE NOT SHOWN ON THIS PLAT. 7.UNDERGROUND UTILITY LINES SHOWN ARE BASED ON ABOVE GROUND STRUCTURES AND PLANS OF RECORD. ACTUAL LOCATION OF UNDERGROUND LINES MAY VARY. 8.THE WILLISTON / SOUTH BURLINGTON TOWN LINE (CENTERLINE OF MUDDY BROOK, REPUTED), WAS LOCATED ON THIS PLAT BY THE METHOD OF DIGITIZING HIGH RESOLUTION IMAGERY AND GPS FIELD LOCATION OF THE EXISTING 4.5' DIAMETER STEEL CULVERT. PLAT REFERENCES: 1."PLAT OF BOUNDARY SURVEY SHOWING A PORTION OF LANDS OF ERNEST N. AUCLAIR & PURCHASE OF DEVELOPMENT RIGHTS BY DORSET STREET ASSOCIATES, LLC & G & A ASSOCIATES, LLC, ROUTE 116, SOUTH BURLINGTON, VERMONT" DATED 12-08-2005 AND LAST REVISED ON 02-05-09, BY BUTTON PROFESSIONAL LAND SURVEYORS, PC, AND RECORDED AS SLIDE 537 MAP 1. 2."PORTION OF THE LANDS OF ERNEST N. AUCLAIR OFF HINESBURG ROAD, SOUTH BURLINGTON, VERMONT, SUBDIVISION PLAT" DATED 10-07-05, BY BUTTON PROFESSIONAL LAND SURVEYORS, PC, AND RECORDED AS SLIDE 478 MAP 4. 3."SOUTH BURLINGTON PROJECT F no 021-1 (5),SHEETS 6 AND 9 OF 44", APPROVED BY THE F.H.C. ON 06-02-79. 4."SOUTH BURLINGTON PROJECT ROS no 021-1 (4)S, SHEETS 4 & 5 OF 31", APPROVED BY THE F.H.C. ON 10-27-76. tax map no. 0860-01731 Portion of Ernest N. Auclair Family Trust v, 1151, p. 283, v. 171, p. 478 map slide 537, map 1 UTILITY POLE BARBED WIRE FENCE STONE WALL OVERHEAD UTILITY LINE REINFORCING BAR ( FOUND ) CONCRETE MONUMENT ( FOUND ) REBAR ( TO BE SET ) IRON PIPE ( FOUND ) CALCULATED POINT X OH LEGEND LINE DATA TABLE REFERENCE CURVE DATA TABLE REFERENCEC1 L1 EXISTING BOUNDARY LINE EASEMENT LINE ROAD WILLISTONSOUTHBURLINGTONMUDDY BROOK (CENTERLINE) SEE NOTE 8 PURPOSE OF THIS PLAT: 1.THE PURPOSE OF THIS PLAT IS TO SHOW THE LOCATION OF A PROPOSED 25' WIDE R.O.W. & EASEMENT. THE INTENT OF THE R.O.W. & EASEMENT IS TO CONNECT LANDS OF AUCLAIR FAMILY TRUST IN WILLISTON TO VERMONT ROUTE 116-HINESBURG ROAD (LOCATED IN SOUTH BURLINGTON), TO ENSURE THAT SAID LANDS IN WILLISTON ARE NOT "LAND LOCKED". SAID PROPOSED R.O.W. & EASEMENT IS TO BE LOCATED ALONG THE CENTERLINE OF AN EXISTING FARM ROAD AND EXTENDING TO THE EAST UNTIL IT INTERSECTS WITH THE CENTERLINE OF MUDDY BROOK. SAID CENTERLINE OF FARM ROAD INTERSECTS HINESBURG ROAD APPROXIMATELY 152' NORTHERLY FROM THE CENTERLINE INTERSECTION OF CHEESE FACTORY ROAD AND HINESBURG ROAD. 2.IF NEEDED AT SPECIFIC AND DISCRETE AREAS, THE R.O.W. & EASEMENT MAY BE INCREASED TO A MAXIMUM WIDTH OF 50' IN ORDER TO ACCOMMODATE SITE CONDITIONS AND UTILITIES. EXISTING CENTERLINE OF FARM ROAD +- 12' WIDE VT. RTE. 116HINESBURG ROADR.O.W. & EASEMENT 25' WIDTH CENTERED ON EXISTING FARM ROAD EXISTING 4.5' WIDE STEEL CULVERT IN CENTERLINE OF MUDDY BROOK, AS LOCATED ON 03-01-18. EDGE OF PAVEMENT EDGE OF ROAD R.O.W.+-152'150' Vermont Electric Power Co., Inc. v. 131 p. 142 tax map no. (Williston) Portion of Ernest N. Auclair Family Trust POINT 5017 POINT 5018 POINT 5019 POINT 5020 POINT 5021 POINT 5022 POINT 5023 POINT 5024 POINT 5025 POINT 5026 POINT 5027 POINT 5028 5017 698130.65 1469636.63 CENTERLINE INTERSECTION 5018 698275.88 1469592.34 CENTERLINE INTERSECTION 5019 698242.91 1469907.61 CENTER OF FARM ROAD 5020 698320.85 1470194.57 CENTER OF FARM ROAD 5021 698088.27 1470286.47 CENTER OF FARM ROAD 5022 698064.04 1470689.20 CENTER OF FARM ROAD 5023 698262.04 1471204.15 CENTER OF FARM ROAD 5024 698258.60 1471350.52 CENTER OF FARM ROAD 5025 698412.67 1471492.79 CENTER OF FARM ROAD 5026 698527.88 1471527.05 CENTER OF FARM ROAD 5027 698883.26 1471765.40 CENTER OF FARM ROAD 5028 698892.86 1471828.49 CENTER OF FARM ROAD/CULVERT POINT #NORTHING EASTING DESCRIPTION LINES CALCULATED FROM PLAT REFERENCES 1 & 2 SOUTH BURLINGTON CITY CLERK'S OFFICE RECEIVED FOR RECORD ______________________________________A.D. 201_________ at _____________ O'clock ____________ minutes ________ m and recorded in Slide__________________________________ Attest: _____________________________________ City Clerk Date Notes 6/16/2010 Mildred Auclair passed away 1/28/2011 Ernest Auclair passed away 5/16/2011 Jennifer Morway, Heather Auclair and Heidi Auclair named trustees 12/4/2013 Probate estate closed - all property transferred to Trust 2014-2017 Planning and sales strategies with VLT, developers trying to look at possibilities for conserving land and reviewing offers from developers 2016-2017 Work with city on sale of 60.8 acres to a neighbor (adjoining lot A). Town stated originally only a boundary line adjustment was needed. After over a year of discussions, the boundary line adjustment was incorrect and a subdivision would be required 9/1/2017 Decision made to place property on the market in hopes of receiving private offers that would keep land open -- or much more open 9/11/2017 Property officially placed on the market 10/10/2017 We had received multiple offers at this point including letter of intent from Bread and Butter 10/16/2017 Bread and Butter presented to City Council preliminary offer for Auclair lands 10/25/2017 First p&s received from Bread and Butter, city of South Burlington and VLT. October - December 2017 Continued negotiations on P&S - multiple meetings with South Burlington November and December 2017 Working with South Burlington regarding subdivision issues for Heathers property and TDR issue. If the land is subdivided now, we have to place where the building lots would be for our future purchaser. Offered to sell to South Burlington 60.8 acre lot with TDR's previously sold -- South Burlington declined. November and December 2017 Reworked acreage for sale on Lot B due to Bread and Butter, S. Burlington and VLT not having additional funding source to purchase all of Lot B (removed 15 acres) December 2017 Reworked acreage for sale due to current pending contract of 60.8 acres on Lot A - Auclair family had an offer for the 60.8 acres and this property was NOT originally included in the Lot A sale. Due to not being able to resolve issues with the City regarding TDR plat and subdivision, 60.8 acres was added for sale to total acreage of Lot A. 12/6/2017 Signed purchase and sales agreement and all applicable addendums - closing date scheduled for June 8, 2018 December 2017 - June 2018 Working with Bread and Butter, VLT and the town on finalizing Addendums to purchase and sale agreement. December 2017 Hired Trudells to survey and subdivide 15 acres from lot B and complete waste water permit. December 2017 Hired Trudells to map and identify ROW access on Lot A for road through lot A to Williston parcel - 46 acres December 2017 Hired Trudells to survey and identify 4 acres for Heather Auclairs property that will later be subdivided and given back to Heather Auclair in order to sell Lot A to Bread and Butter (was actually sold to VLT and later will be purchased by Bread and Butter after Heathers subdivision is complete and VLT's conservation is in place). April 2018 Heidi Auclair spoke with the City about if they wanted to purchase the 15 acres in S. Burlington before we move forward with plans - The city declined April 2018 Paperwork submitted to city for 15 acre subdivision April 2018 Survey work completed and waste water exemption completed for land in Lot A that will need to be subdivided and retained by Heather after closing per Addendum and P&S April 2018 Trudells ROW plat completed and awaiting final marks - continued negotiations regarding ROW widths and town requirements Timeline Date Notes April 2018 - September 2018 MULTIPLE emails, phone conversations and in office conversations with city of South Burlington on limitations on 15 acre subdivision, building envelope, TDR's and PUD plans. 4/21/18 Final paperwork for purchase and transfer of 15 acres in S. Burlington and 46 acres in Williston completed - contracts directly tied to Bread and Butter purchase and sales agreement due to the closing for Bread and Butter must be completed first in order to places Right of Way easement on Lot A and 15 acres needing to staay with Lot B with the Bread and Butter deal failed. Closing on two properties to be completed right after bread and butter closing. 5/7/2018 Received request from Bread and Butter to extend closing by 60 days - Many of the below timelines were delayed by the series of extended attorney review periods regarding contract addenda starting in December, which resulted from different needs, discussions, and delays from both parties. In other words, various extensions we've experienced had a domino effect in delaying the completion of some of the below items. • Purchase loan timelines. We don't have much control to speed up these federal loan processing timelines. • Farm Service Agency's (FSA) standard loan processing completion is still at least 2 month away. • VLT’s loan application processing completion is still at least 2 month away. • VLT is awaiting information and assurance from NRCS regarding federal conservation easement funding related to the following items: • Due diligence about solid waste disposal found on parcels A and B from the environmental review to ensure federal easement funding from NRCS. • TDRs sold, transferred, or optioned from parcel A won’t impede federal easement funding (both from an appraisal and easement configuration perspective). • Approval from VLT board of Trustees this summer. This is just a required formal approval. The VLT Trustees and staff are aware of and in support of their full participation in conserving the land. • The Trustees meet quarterly, but we weren't able to submit to the spring meeting because our contract addenda are still in draft. 5/15/2018 1st DRB meeting for 15 acre subdivision 6/3/2018 Extension request signed - new closing August 5, 2018 6/5/2018 2nd DRB meeting for subdivision -- DRB approval approved with misc. requirements (VTRANS, waterline easement from 117 acre lot, septic approval from state 6/26/2018 Final approval for septic on 15 acre subdivision approved b state and filed with city 6/28/2018 All paperwork into city along with applications and waiver of appeal period for subdivision 7/9/2018 Subdivision complete, approved and recorded with city Date Notes 7/24/2018 Received closing extension - reasons based: We are requesting a 60-day extension to our closing on parcel B for the following reasons: 1. South Burlington DRB approval of our TDR purchase associated with parcel B. Our application for this approval will not be heard by the DRB until August 7th. We've been informed by SB City staff that the approval process will take between 3 days to 6 weeks. 2. South Burlington City Council detailed agreement for their financial contribution for conservation of parcel B. The City Council has already officially committed a significant financial contribution to conserving parcel B. We are now awaiting the agreement language so that we can proceed with closing. We know from verbal conservations the outline of the agreement and do not anticipate any issues. We do anticipate needing a few weeks of agreement drafts going back and forth between our attorney and the City's until we settle on the final language. We expect this to take up to 60 days. 7/27/2018 Received explanation from City on extension and what they have left to do: Paul returned my call, I will be brief. 1. Paul said that the language for the open funds grant along with the conservation definition will be to B & B and parties on Tuesday. He reiterated that they have worked details out verbally and that actually, as long as the VLT’s definition of conservation is stronger that the towns, there are no issues. He said by definition the VLT’s easement is stronger so they just do not see an issue. They are hoping to have the first round of feedback from B & B by Friday so they can discuss it at a committee meeting on Monday the 6th. The delay has primarily been the city attorney who is hammered with projects. 2. DRB and TDR’s: This is set for the meeting on the 7th. Normally the town (Paul) makes notes at the meeting for an executive review several weeks after the meeting. In this situation he has actually written these up already with his review and that will be presented along with request so he is hopping DRB will just say ok at the meeting or the next 2 days after. Hopefully no one speaks at the meeting and we can all waive the appeals period. I have the meeting on my schedule to attend. 3. I asked him about the various comities that the Open Space has to go through and if the end of September is realistic and he said absolutely. He sees no opposition but it still has to go through the process. 8/5/2018 Closing extension signed - new closing October 5, 2018 8/7/2018 DRB meting - summary of results: The DRB meeting went ok last evening. The board is in support of the project and there was not a single member of the general public against it, they actually clapped and cheered that it was to be protected and the TDR’s extinguished. The one bump was that one member of the board wanted the town attorney to review and confirm that the DRB had the authority to provide an advisory letter restating the number of existing TDR’s and restating that zoning/planning rules allowed the transfer. Paul pushed back that they had already done this once, but then caved. So they are fine with what the buyer is doing but need to confirm they have the authority to write the letter. (PS, Paul already spoke to the attorney, but I think the DRB wants it in writing) They were fully aware that the letter is basically to satisfy VLT and the state NRC for funding reasons and is non-binding. The town attorney will review and we will need one more DRB meeting on the 21st Date Notes 8/21/2018 DRB meeting - There was a board member that was present who was not at the last meeting. He is an attorney and disagreed with the findings from the towns attorney about the legalities of providing an advisory opinion. To cover the DRB’s behind he wants the actual finding of facts from the application to be included with the town attorneys opinion and that is what is going to happen. No one on the board actually disagreed with the findings of fact it is purely a jurisdictional CYA. They wanted to postpone a decision to the next meeting the 4th and we put a stink up on that. They may, and I say may, do it in a closed door session before that and we are pushing hard. Jen wrote an excellent letter that was presented today. I received sign offs for appeal from all parties that were at the meeting and I will not be able to get the three from last meeting not that the docket is closed. I called and spoke with Paul Conners. His staff is the one putting it together for the Attorney and they understand the timeframe issue. He believes but cannot guarantee the DRB will approve it before the next meeting, but again, it is not in his authority, but he is pushing. We are sticking with a united front of no extension, even the buyers have made that statement to put fire under their rears. We were concerned that the city council needed this Advisory Opinion for their discussions and Paul has firmly confirmed that they do not. The Open Space funding and the DRB Advisory Opinion are completely separate. I asked about the city council status and he said that they are meeting their time tables at this point and if that remains so the closing date can be met. 8/28/2018 Received unexpected addition of site visit: As we continue to work on the agreement between ourselves and the City for their contribution to the land conservation, we are in need of more information regarding what the City's conservation dollars can purchase/extinguish in terms of development value. This is obviously central to our agreement with the City. To help with this, we have contracted with Trudell Consulting Engineers to do a natural resource evaluation of Parcel B. TCE's report will be private and used to inform our agreement with the City of South Burlington as it relates to the conservation of Parcel B. A TCE staff person is currently scheduled to visit the site to perform this work tomorrow, August 29th. The timing of this visit is critical as we have important discussions with the City scheduled for the following week and the week after. Again, we need this information from TCE to finalize the agreement with the City. The TCE land visit is therefore essential and needs to happen very quickly to avoid an impasse with the City. There will be no impact on the site from the visit other than two people walking around with clipboards taking notes on the site. We will not share any information with anyone outside of those parties involved with the City's agreement. Date Notes 9/5/2018 DRB Meeting: The DRB did not make a decision. It is not about what is in the request it is that they are still struggling with if it is within their jurisdiction to write an advisory letter restating existing town regulations and verifying the number of TDR’s. So, B & B has now withdrawn the application on the suggestion of Paul Connors and instead will rely on a letter from the staff of the planning/zoning that the TDR’s exist in the likely number as stated and if transferred can be used in the way stated by the town regulations as long as all applicable laws, rules, and DRB proceedings are followed. Not as good as a DRB letter but should suffice for the lender. In terms of the VLT request that their conservation easement be accepted as more stringent over the town conservation easement, that is in process with an important meeting on the 11th. That meeting is to confirm the agreement/terms on easement. The results of that meeting will be presented to the City Council on the 17th. Then it is in the City Councils hands to approve it all before October 5th. 8/29/2018 Site evaluation for City, B&B, VLT by Trudells occurred 9/11/2018 Town, VLT and B&B meeting on paperwork: 1) The meeting went OK on verbal agreement but the town was just not getting to the paperwork that was needed for the city council to decide. 2) B & B and the VLT have said the heck with you and are doing the towns work for them and having their legal staff drafting all paperwork on behalf of the city and that is to be presented today I believe for review. 3) The city council will have a special executive meeting before next Mondays public meeting. B & B hopes they will approve it in the executive meeting and then they should present it in the public meeting. If not, then it goes to October 1st. 4) They have made it very clear that the 5th is closing and no extensions. They continue to push that statement so the town will not dally. I asked B & B what they thought their chances are for a decision by closing by the town and he gave it a 50/50. 9/17/2018 City council meeting - They approved the sale to a 4-1 vote….at 11:45pm. My understanding is they also approved the city manager to be in charge of the additional details to complete the transaction without another visit to the council for approval, which apparently was key. 9/18/2018- 10/5/2018 Constant work on documents and agreements to move forward with 10/5/2018 closing. Largest hang up being ROW easement through lot A to Williston property 10/5/2018 City of South Burlington and VLT wrote promissory letters and easement addendums for ROW from South Burlington to Williston - City allowed road to remain as well as be maintained and upgraded to include utilities (50' wide). Road currently ran through area conserved by TDR's being previously sold -- City and VLT will allow the road as residential access to homes in Williston with utilities even though it is conserved. Easement with run with the lands 10/5/2018 Closing on Lot's A to VLT and Lots B & C to Bread and Butter - Due to closing beginning at 10 am and not being completed until after 7pm -- closing transfers for Williston and 15 Acres in S. Burlington had to be extended 10/11/2018 Closing on 15 acres in South Burlington and 46 acres in Williston - Auclair to Auclair/Morway 10/15/2018 City Council approves interim zoning 10/23/2018 We found out about interim zoning 10/26/2018 Phone call and email with Paul Connor regarding interim zoning Date Notes 11/13/2018 City Council meeting discussion interim zoning map and exemptions. Jen spoke and stated reasons behind being exempt as well as sent follow up email - draft minutes state "The draft minutes from November 13th pertaining to interim zoning state: “Ms. Emery moved to add the Auclair land within the City of South Burlington to the lands exempt from Interim Zoning. These lands include the parcels that were part of the conservation land deal with the City, commonly known as parcels A, B and C. Mr. Kaufman seconded. Motion passed unanimously.”" 11/14/2018 Received email from Helen Riehle stating "Thank you for your comments last night and this email. I can appreciate your concerns and laud your desire to maintain open space in SB. Last night the council agreed to exempt the entire Auclair property in SB from interim zoning. I trust this will allow you to move forward with your plans and the agreement will remain viable" 11/21/2018 The Other paper published article on interim zoning and Auclairs being exempt 12/3/2018 City Council discussed further interim zoning exemptions (We did not know this was occurring) - draft minutes state: "Ms. Emery asked to add the following sentence to the second paragraph on p. 7 of the 13 November minutes: “Ms. Emery moved to add the Auclair lands within the City of South Burlington to the lands exempt from Interim Zoning. These lands include the parcels that were part of the conservation land deal with the City, commonly known as parcels A, B and C. Mr. Kaufman seconded. Motion passed unanimously.” 12/19/18 (and week leading up to it)After speaking to Kevin Dorn who believed we were exempt and the map was incorrect. Further discussions with Paul Conner. Email received from Paul Conner stating "Thanks for coming in today, and for your patience as we went back to the video as well and confer with our legal counsel who were there with the Council at their meeting. Our understanding is that the Council’s action was to exempt only the 378 acres that are referenced in paragraph 2 of the “Option to Purchase” dated October 5, 2018. The 15 acres that were subdivided from the large property on the west side of 116, and the small house lot on the east side of 116 were NOT exempted from the Interim Zoning bylaw. The attached map is correct based on this. I can offer you two options moving forward: First, if you believe that we are incorrect in interpreting the Council’s action, you are welcome to attend their next meeting and seek additional clarification. This could be done under “other business not related to the agenda”, which takes place at the start of the meeting. The Council’s next meeting is January 7th, with a likely star time 6:30 pm. We are confident that we have it correct, but as it’s their action, you are absolutely welcome to ask to hear their action directly from them. [if you do decide to attend, check back with us or check the agenda on the Friday before to be sure the meeting is starting at their regular time] Second, the Interim Zoning bylaw does include a provision for how a property owner may seek Council approval for actions that are “prohibited” under the bylaw, such as subdivision of land or construction of homes that were not previously approved. This would be done by application to the Council for a conditional use approval under the bylaw. If you choose to proceed in this manner, or would like to know more about it, please feel free to contact us." 1/14/2018 Attended City Council meeting and requested further explanation to why we were not exempt and request to be exempt from interim zoning. Advised by council to submit a timeline by Friday 1/18 at 2pm to Kevin Dorn and bring in maps to the next city council meeting 1/22 to further discuss