HomeMy WebLinkAboutMinutes - Wheeler Conservation Easement Task Force - 07/21/2016Wheeler Nature Park
Conserva on Easement
Task Force
575 Dorset Street
South Burlington, VT 05403
(802) 846-4106
www.sburl.com
Thursday July 21, 2016
Meeting Minutes
Members Present: Jennifer Kochman, Mike Simoneau, Donna Leban, Be y Milizia, Cathy Frank, Sarah Dopp, Michael
Mi ag
Staff and Consul ng Team: Paul Conner (Director of Planning and Zoning), Maggie Leugers (Recrea on and Parks), David
Wheeler (Stormwater Servies/DPW)Drew Pollak-Bruce (SE Group), Mark Kane (SE Group).
Several members of the public were in a endance.
The mee ng began at 6:05 PM.
Agenda Review: Addi ons, Dele ons or Changes in Order of Agenda Items
None.
Comments and Ques ons from the Public Not Related to the Agenda
None.
Discussion of stormwater management at the park with City of South Burlington DPW
David Wheeler of DPW/South Burlington Stormwater Services spoke to the Task Force about a stormwater project being
planned for a por on of land likely to be included in Wheeler Nature Park. The planned project would provide improved
stormwater treatment and would help prevent flooding of residen al areas to the east. Mr. Wheeler also provided an
overview of how stormwater management is conducted in the City and what requirements are placed on new
development. He discussed the exis ng ponds and stormwater features in the area with the Task Force. Finally, Mr.
Wheeler stressed the importance of checks and balances in a stormwater system and suggested that the outcome of the
conserva on easement process should allow the community to effectuate change with regard to stormwater in and
around the park.
The Task Force members discussed the differences between various stormwater treatments, such as ponds, swales and
rain gardens. Task Force members discussed a want to prevent untreated water from entering Wheeler Park. While there
was discussion of permi ng the single project the City has “in the hopper” and preven ng future projects, ul mately
there was consensus within the Task Force that the conserva on easement should allow for stormwater management,
using the management plan mechanism and conserva on partner oversight to ensure the conserva on values of the park
are protected during any such projects. Task Force members also felt na ve plan ngs for stormwater treatments were
important for the Conserva on Easement.
Discussion with Bob Heiser, Champlain Valley Regional Director of the Vermont Land Trust
Bob Heiser of the Vermont Land Trust (VLT) first provided a history of the VLT and an overview of the work the
organiza on does. The organiza on has 46 staff members spread over seven offices throughout Vermont. The VLT holds
over 2,000 individual easements. He explained the organiza on’s easement costs, typical management endowments and
mechanisms in place to ensure easements are upheld in perpetuity. Mr. Heiser also discussed conserva on easements
held on other municipally-owned lands in the region and in the state, highligh ng similari es and experiences working
with communi es and the public. He explained that the VLT cannot take on restric ons the organiza on cannot enforce
such as dog or bicycle use. Mr. Heiser also explained the importance of the conserva on values in the restric ons placed
on the land; the VLT would not feel comfortable preven ng public uses that are not in direct conflict with the
conserva on values as that could place them in a difficult poli cal posi on 50 or 100 years down the road if the
community wanted to do something that wasn’t allowed under an easement.
Mr. Heiser explained that management plans are typically in place on VLT conserved parcels. He stressed the importance
of the management plan and how it works in concert with the conserva on easement to protect the conserva on values
of the parcel. Task Force members asked if the easements typically require approval of the management plan by VLT, and
Mr. Heiser explained that they either explicitly require VLT approval or require that management plans must be consistent
with the protec on of conserva on values, which comes to the same.
He explained that most VLT conserva on easements are broad in their restric ons and allowances, typically explicitly
restric ng only subdivision and conveyance, development, mining, and the stripping of topsoil. Other uses are o en
allowed, provided they are consistent with the approved management plan and do not significantly degrade the
conserva on values. Mr. Heiser also explained that VLT conserva on easements typically require public process and
updates to the management plan for similarly conserved public lands.
Task Force members discussed how oversight and compliance is undertaken by the VLT. Mr. Heiser explained that their
stewardship specialists are in charge of ensuring the terms of the easements are upheld and conserva on values are
adequately protected. Ms. Milizia asked Mr. Heiser if they would have access to the contact informa on for the
stewardship specialist, and how repor ng of issues would be handled. Mr. Heiser indicated VLT typically likes to have a
single point of contact for any given easement, but that anyone could report viola ons of the conserva on easement to
the organiza on.
Mr. Heiser also indicated that having two zones for the conserva on easement (homestead and natural area) is not
typically common in a VLT conserva on easement and that the VLT would be as comfortable with that as a single
easement that could apply evenly across the en re park. He suggested perhaps the easement could be broad enough in
its protec ons and restric ons to cover both areas, and that certain zones could be excluded from the easement
altogether. Mr. Heiser did, however, suggest that the management plan could and probably should deal with the two
zones differently in their management and allowed uses.
Ms. Leban asked Mr. Heiser if VLT would willing to provide a conserva on easement dra as a star ng point for the
dra ing of this easement, and he agreed.
Discussion of the mechanisms for addressing various uses
Mr. Kane explained the final document would include all uses and restric ons discussed by the Task Force and place each
within the appropriate mechanism for addressing the use: management plan, City Ordinances, or Conserva on Easement.
SE Group will organize the uses/restric ons into these various mechanisms in the dra document reflec ng the collec ve
input and discussion of the Task Force. The Task Force can then make comments on the placement in their review of the
dra report.
Review Outline of Final Report
Mr. Kane briefly covered the outline of the final report to include:
1. Introduc on & Task Force Overview
2. Baseline elements of the property
3. Conserva on purposes
4. Conserva on values
5. Allowed and disallowed uses
6. Poten al Conserva on Partners
Task Force Findings and Consultant Recommenda ons
Mr. Kane explained that the final report will include both Task Force Findings, as well as consultant recommenda ons
based on their professional experience in working on other similar park and conserva on projects. Task Force Findings
would be emphasized in the final report, and Consultant Recommenda ons will be clearly dis nguishable. These
consultant recommenda ons will be made available to the Task Force for comment and discussion through the review of
the dra report.
Next steps
Plans for one or two addi onal mee ngs were discussed with the Task Force. A doodle poll will be issued to the Task
Force for either September 12 or 13 to determine the date for the next mee ng.
Review and approve minutes of previous mee ng
Sarah Dopp noted that in the previous minutes the word “perpetuity” should also be in quota ons marks within the first
paragraph under “Recap of Parts 1 and 2 and discussion of dra purpose statements.”
With this change, Cathy Frank moved to approve, and Jennifer Kochman seconded. All were in favor of approving the
minutes.
Adjourn
Mee ng adjourned by common consent at 8:20 pm.