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HomeMy WebLinkAboutMinutes - Wheeler Conservation Easement Task Force - 07/21/2016Wheeler Nature Park Conservaon 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, Bey Milizia, Cathy Frank, Sarah Dopp, Michael Miag Staff and Consulng Team: Paul Conner (Director of Planning and Zoning), Maggie Leugers (Recreaon and Parks), David Wheeler (Stormwater Servies/DPW)Drew Pollak-Bruce (SE Group), Mark Kane (SE Group). Several members of the public were in aendance. The meeng began at 6:05 PM. Agenda Review: Addions, Deleons or Changes in Order of Agenda Items None. Comments and Quesons 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 poron of land likely to be included in Wheeler Nature Park. The planned project would provide improved stormwater treatment and would help prevent flooding of residenal 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 exisng 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 conservaon 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 perming the single project the City has “in the hopper” and prevenng future projects, ulmately there was consensus within the Task Force that the conservaon easement should allow for stormwater management, using the management plan mechanism and conservaon partner oversight to ensure the conservaon values of the park are protected during any such projects. Task Force members also felt nave planngs for stormwater treatments were important for the Conservaon 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 organizaon does. The organizaon has 46 staff members spread over seven offices throughout Vermont. The VLT holds over 2,000 individual easements. He explained the organizaon’s easement costs, typical management endowments and mechanisms in place to ensure easements are upheld in perpetuity. Mr. Heiser also discussed conservaon easements held on other municipally-owned lands in the region and in the state, highlighng similaries and experiences working with communies and the public. He explained that the VLT cannot take on restricons the organizaon cannot enforce such as dog or bicycle use. Mr. Heiser also explained the importance of the conservaon values in the restricons placed on the land; the VLT would not feel comfortable prevenng public uses that are not in direct conflict with the conservaon values as that could place them in a difficult polical posion 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 conservaon easement to protect the conservaon 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 protecon of conservaon values, which comes to the same. He explained that most VLT conservaon easements are broad in their restricons and allowances, typically explicitly restricng only subdivision and conveyance, development, mining, and the stripping of topsoil. Other uses are oen allowed, provided they are consistent with the approved management plan and do not significantly degrade the conservaon values. Mr. Heiser also explained that VLT conservaon 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 conservaon values are adequately protected. Ms. Milizia asked Mr. Heiser if they would have access to the contact informaon for the stewardship specialist, and how reporng 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 violaons of the conservaon easement to the organizaon. Mr. Heiser also indicated that having two zones for the conservaon easement (homestead and natural area) is not typically common in a VLT conservaon easement and that the VLT would be as comfortable with that as a single easement that could apply evenly across the enre park. He suggested perhaps the easement could be broad enough in its protecons and restricons 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 conservaon easement dra as a starng point for the draing 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 restricons discussed by the Task Force and place each within the appropriate mechanism for addressing the use: management plan, City Ordinances, or Conservaon Easement. SE Group will organize the uses/restricons into these various mechanisms in the dra document reflecng the collecve 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. Introducon & Task Force Overview 2. Baseline elements of the property 3. Conservaon purposes 4. Conservaon values 5. Allowed and disallowed uses 6. Potenal Conservaon Partners Task Force Findings and Consultant Recommendaons Mr. Kane explained that the final report will include both Task Force Findings, as well as consultant recommendaons based on their professional experience in working on other similar park and conservaon projects. Task Force Findings would be emphasized in the final report, and Consultant Recommendaons will be clearly disnguishable. These consultant recommendaons 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 addional meengs 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 meeng. Review and approve minutes of previous meeng Sarah Dopp noted that in the previous minutes the word “perpetuity” should also be in quotaons 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 Meeng adjourned by common consent at 8:20 pm.