HomeMy WebLinkAboutAgenda - City Council - 03/15/2021AGENDA SOUTH BURLINGTON CITY COUNCIL South Burlington City Hall 575 Dorset Street SOUTH BURLINGTON, VERMONT
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council-meeting03-15-2021
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Regular Session 6:30 P.M. Monday, March 15, 2021
1.Welcome & Agenda Review: Additions, deletions or changes in order of agenda items. (6:30 – 6:31PM)
2.Comments and questions from the public not related to the agenda. (6:31 – 6:41 PM)
3. Announcements and City Manager’s Report. (6:41 – 6:51 PM)
4.Consent Agenda: (6:51 – 6:53 PM)
A. *** Consider and Sign DisbursementsB.*** Approve minutes from the February 23 meeting, January 19, 2021, January 20,2021,March 1, 2021,March 4,2021C.*** Approve the South Burlington Public Library and City Hall Gallery PolicyD.*** Award a construction contract to Ormond Bushey & Sons for Woodcrest Drive StormwaterImprovements
5.FY20 Audit Presentation - Josh Quinn, RHR Smith Auditors (6:53 – 7:30 PM)
6.*** Public Hearing: Interim Zoning application #IZ-21-01 of Alan K. Long for development of twoexisting lots totaling 39.21 acres each developed with a single family home. The developmentconsists of removal of the two existing homes and construction of up to 49 dwelling units in acombination of single family, two family and small multi-family buildings in a development area ofapproximately 17 acres and a conservation area of approximately 22 acres, 1720 and 1730 SpearStreet. [warned for 7:30 pm] (7:30 – 7:45 PM) Paul Conner, Director of Planning and Zoning
7.***Discussion and possible action related to whether to hold a Public Hearing on _____________,2021, to consider extending the Interim Bylaws for an additional time period beyond May 13, 2021.(7:45 – 8:00 PM) Paul Conner, Director of Planning and Zoning, Andrew Bolduc, City Attorney
8.Presentation from the South Burlington FIPP Citizen Committee proposing changes to the existingSouth Burlington Fair and Impartial Policing Policy. (8:00 – 9:00 PM)
9.*** Council consideration and possible approval of a resolution requiring that a third-partyconservation easement on the so-called Wheeler Property be conveyed and completed within six
months of enactment. (9:00 – 9:15 PM)
10.Consider and possibly approval refinancing of the Pension Loan - Tom Hubbard (9:15 – 9:30 PM)
11. Reports from Councilors on Committee assignments. (9:30 – 9:35 PM)
12.*** Convene as the South Burlington Liquor Control Commission to consider the following: (9:35 –9:45 PM)
Always Full Asian Market, Second Class License; Bliss Bee, First Class Restaurant/Bar License andOutside Consumption Permit; Bourne’s Service Center, Second Class License; Bueno y Sano, FirstClass Restaurant/Bar License; Catering By Dale, First Class & Third Class Commercial Kitchen
License; Champlain Farms, Second Class License; Champlain Farms – Exxon, Second ClassLicense; Champlain Farms South Burlington, Second Class License; Charlie’s on Fire (ChickenCharlies), First Class Restaurant/Bar License; Cheese Traders & Wine Sellers, Second ClassLicense; Club 35, First Class & Third Class Restaurant/Bar License; Doubletree by Hilton, First Class,Second Class & Third Class Restaurant/Bar, License and Outside Consumption Permit; Eagles Club,First Class & Third Class License for Club and Two (2) Outside Consumption Permits; 802 Cocktails,
LLC, First Class & Third Class Commercial Caterer License; Gracey’s Store, Second Class License;Gracey’s Liquor Store, Second Class License; Guild Tavern, First Class & Third Class Restaurant/BarLicense; Hana Japanese Restaurant, First Class & Third Class Restaurant/Bar License; HannafordSupermarket & Pharmacy (Dorset St), Second Class License; Hannaford Supermarket & Pharmacy,
Second Class License; Healthy Living Market and Café, Second Class License; Homewood Suites,First & Second Class Restaurant/Bar License and Outside Consumption Permit; #104 Jolley
Shelburne Road South, Second Class License; #105 Jolley Williston Road, Second Class License;#107 Jolley Shelburne Road North, Second Class License; #146 Jolley Shelburne Road Center,Second Class License, Kinney Drugs #55 (Williston Road), Second Class License; Klinger’s BreadCompany, Second Class License; Koto Restaurant, First Class & Third Class Restaurant/Bar License
and Outside Consumption Permit; Maplefields #52 (Williston Road), Second Class License;Maplefields at the Airport, Second Class License; Mimmo’s Pizza, First Class & Third Class
Restaurant/Bar License, Old Post, LLC (The), First Class & Third Class Restaurant/Bar License andOutside Consumption Permit and Entertainment License; Pour House (The),First Class & Third Class
Restaurant/Bar License and Outside Consumption Permit; Price Chopper #228 (Hinesburg Road),Second Class License, Quarry Hill Club, First Class & Third Class Restaurant/Bar License and
Outside Consumption Permit; Red Barn Market & Deli, Second Class License; Shaw’s Beer & Wine,Second Class License; Shelburne Road Variety, LLC, Second Class License; Silver Palace, FirstClass & Third Class Restaurant/Bar License; Simon’s Store & Deli (Shelburne Road), Second ClassLicense; Skinny Pancake at the Airport, First Class & Third Class Restaurant/Bar License; Smokey’s
Low ‘n Slow, First Class & Third Class Restaurant/Bar License and Outside Consumption Permit;Sugarsnap, First Class & Third Class Commercial Kitchen License
13.Other Business (9:45 – 9:50 PM)
14. Adjourn (9:50 PM)
Respectfully Submitted:
Kevin Dorn
Kevin Dorn, City Manager
*** Attachments Included
Amount PaidMemo
Accounts Payable Check Register
Date Check No.
Date: 03/16/21
Paid To
South Burlington Water Dept.
53,255.8942103/16/2021 Champlain Water District
Date Voucher Number Amount PaidVoucher TotalReference
53,255.89SBWD-371VI-152732/28/2021 53,255.89
106,320.9242113/16/2021 Champlain Water District
Date Voucher Number Amount PaidVoucher TotalReference
106,018.02FEBRUARYVI-152762/28/2021 106,018.02
302.90SBWD-364VI-152772/28/2021 302.90
60.9042123/16/2021 E.J. Prescott, Inc.
Date Voucher Number Amount PaidVoucher TotalReference
60.905823894VI-152782/18/2021 60.90
1,126.8942133/16/2021 Ferguson Waterworks #576
Date Voucher Number Amount PaidVoucher TotalReference
1,126.891006361VI-152722/18/2021 1,126.89
21.0142143/16/2021 FirstLight Fiber
Date Voucher Number Amount PaidVoucher TotalReference
21.018662197VI-152702/15/2021 21.01
178.5642153/16/2021 F.W. Webb Company
Date Voucher Number Amount PaidVoucher TotalReference
178.5670281550-2VI-152792/25/2021 178.56
141.3042163/16/2021 Grainger
Date Voucher Number Amount PaidVoucher TotalReference
141.309799910790VI-152712/9/2021 141.30
346.9442173/16/2021 Office Essentials
Date Voucher Number Amount PaidVoucher TotalReference
101.9437707VI-152802/26/2021 101.94
245.0037577VI-152811/4/2021 245.00
211,108.9442183/16/2021 City Of South Burlington
Date Voucher Number Amount PaidVoucher TotalReference
211,108.94FEBRUARY SEWER BILLINVI-152743/3/2021 211,108.94
140,848.9342193/16/2021 City Of South Burlington
Date Voucher Number Amount PaidVoucher TotalReference
140,848.93FEBRUARY STORMWATERVI-152753/3/2021 140,848.93
9,000.0042203/16/2021 Ti-Sales Inc.
Date Voucher Number Amount PaidVoucher TotalReference
9,000.00INV0127623VI-152823/2/2021 9,000.00
Page 1 of 2March 08, 2021Printed:
Amount PaidMemo
Accounts Payable Check Register
Date Check No.
Date: 03/16/21
Paid To
South Burlington Water Dept.
522,410.28Total Amount Paid:
SOUTH BURLINGTON CITY COUNCIL
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Page 2 of 2March 08, 2021Printed:
CITY COUNCIL 19 JANUARY 2021
The South Burlington City Council held a regular meeting on Tuesday, 19 January 2021, at 6:30
p.m., via Go to Meeting remote participation.
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. Bolduc, City
Attorney; I Blanchard, Project Manager; M. Cota, B. Sirvis, P. Blizzard, E. Schait, P. Ziporyn, S.
Baker, J. Avrutick
1.Additions, deletions or changes in the order of Agenda items:
No changes were made to the Agenda.
2.Comments and Questions from the public not related to the Agenda:
Ms. Avrutick thanked the city for participating in the Act 250 pre-hearing regarding the potential
Burton building development. She hoped the city would continue to participate and make this a
win/win situation. She cited concern with recent reductions in the Burlington Police Force at
night and the concern that it would have to be South Burlington Police to deal with issues at the
nightclub. Ms. Avrutick also noted the unsafe lack of sidewalk on the bridge which would have
to be paid for by South Burlington taxpayers. She hoped South Burlington would continue to
state these issues while there is still the opportunity to do so.
3.Consent Agenda:
a.Review and approve Disbursements
b.Review and approve Minutes of 21 December 2020 and 4 January 2021
Ms. Emery moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Motion
passed unanimously via a rollcall vote.
4.Consider and possibly approve City Council Resolution condemning violence in the
U. S. Capitol building on 6 January 2021:
Mr. Barritt suggested adding the words “destroying and stealing” before “federal property.”
Members agreed.
Ms. Emery said she felt it was important for officials to make it clear that the oath they swear
means something.
CITY COUNCIL
19 JANUARY 2021
PAGE 2
It was also suggested that in the last “Be it resolved…” the language read: “…a copy of this
Resolution be sent to…” Members agreed.
Mr. Barritt moved to approve the Resolution as amended. Ms. Emery seconded. Motion
passed unanimously via a rollcall vote.
5.Announcements and City Manager’s Report:
Ms. Emery reported that she attended the pre-hearing site visit at the Burton building. The
Chair called on her and asked for criteria that the city’s concerns fell under. Though “noise” was
not originally mentioned, Ms. Emery said she later wrote and said this was a concern. She
then showed a copy of the letter she sent to Chair Aaron Brondyke. Other comments have been
provided by CCRPC and other interested persons. Ms. Emery also noted that water pollution
has now been added as an issue.
Mr. Barritt noted that he had attended a Pension Advisory Committee meeting.
Mr. Chittenden advised that he has been assigned to both the Transportation and Education
Committees in the State Senate and also to the Vermont State Infrastructure Committee. The
hope is that it will be easier for schools to access State funding for resources.
Mr. Kaufman reported that the Cairns Arena is in the final stages of the construction project. As
soon as COVID issues are solved, it will be ready to go.
Mr. Dorn: The Steering Committee will meet at 6 p.m. tomorrow to share proposed
budgets and other items.
97% of Firefighters have gotten the first COVID shot. 75% have gotten the
second shot. Police officers are now getting their shots.
Mr. Rabidoux visited the former Pizza Hut building to check on its condition. He
reported that the building is secure, locked up well. The City will now look into the zoning side
for any relief. The taxes on the building are up to date.
City managers are working to host a leadership summit on sharing services in
order to save money. This should occur later in March.
CITY COUNCIL
19 JANUARY 2021
PAGE 3
CWD will have a ballot included with the mailed City ballot. The problem is that
every community is supposed to get this ballot the same way, and other communities are
having different election processes. There is an effort to solve this issue.
Mr. Dorn noted he will attend the DRB meeting tomorrow night to talk about the
Garden Street TIF vote. He will also make this presentation to the Planning Commission next
week.
Mr. Conner would like to know how to move the process of transportation
impact fees forward following the December presentation. This should be on the next Council
agenda.
6.Pubic Hearing on a proposal to bring the question to voters at the South Burlington
Annual Meeting on 2 March 2021 of authorizing the city to incur debt under the
Tax Incremental Financing program to finance the completion of the connection of
Garden Street to Dorset Street on the west and Garden Street to Midas Drive on
the north as well as potential additional improvements at White Street/Williston
Road intersection and the Hinesburg Road/Williston Road intersections:
Ms. Blanchard explained that the project has been on the city’s official map. It would be totally
funded by the Tax Incremental Financing (TIF) funding. The bonds are, however, issued against
the full faith of the city, so if TIF funds were not available, payment would be required of the
city.
Ms. Blanchard then showed a map indicating where the two projects are located. She noted
that curb improvements, a shared use path, water connection, and some stormwater treatment
are included in the project.
Ms. Blanchard said the Council will need to approve the Necessity Document and the Article for
the ballot.
Ms. Riehle emphasized that the TIF process allows these infrastructure projects to be paid for by
additional taxes from building projects in the TIF district (e.g., Allard Square, Trader Joes, etc.).
There is no increase to the tax rate.
Public input was then solicited. There was no public comment.
CITY COUNCIL
19 JANUARY 2021
PAGE 4
Ms. Riehle said the City will get as much information out to the pubic on this item. Ms.
Blanchard said a public notice will be placed on the city’s website.
Mr. Kaufman moved to close the public hearing. Ms. Emery seconded. Motion passed
unanimously.
Ms. Emery then moved to adopt the Necessit5y Resolution for incurring bonded debt as
presented. Mr. Barritt seconded. Motion passed unanimously via a rollcall vote.
7.Annual Report from the Pension Fund Manager:
Mr. Blizzard explained that there was a lot of volatility last year, but markets did pretty well after
April. The markets are close to record highs now. He felt there would be more stimulus money
focused on vaccines this year. South Burlington had a good 4th quarter, a lot of which was due
to vaccines. US bonds also had a good year. The only negative asset category was commodities,
but that is now going up as well. The improvement in international markets during the 4th
quarter will benefit the city’s portfolio.
Mr. Blizzard said they will make any changes needed to offset any increase in inflation, but they
do not see a lot of inflation in the next few years.
As of Friday, the city’s pension plan was at $42,500,000. Mr. Blizzard felt this could go up
another 1%, and the city could see a pretty good coming year. The only negative news is the
slowness of the vaccine.
Mr. Kaufman said it looks very good, but the city has to be aware that one major event can
change everything.
Mr. Barritt said the “bad news” is that they have to look at the expected rate of return again. He
felt it was good that the pension plan was so well funded.
8.Annual Valuation Report on Pension Fund Status:
Mr. Schait noted that the numbers have been very different from the first of July. He then
explained the actuarial funding methods and noted that they have to use the Entry Age Norm
method for financial reporting.
CITY COUNCIL
19 JANUARY 2021
PAGE 5
As for the recommended plan contribution, this is very similar to last year, up from $1,300,000
to $1,313,346.
As of July 1, 2020, the city’s pension plan was funded at 101.05%, slightly down from the
previous year. Mr. Schait showed a graph of the historical funded status and pointed out the
steadiness. He also showed a comparison of South Burlington’s funding history compared to
that of other communities, a category in which the city leads all other plans in Vermont.
Mr. Schait said all of their actuarial assumptions are similar to last year. He showed a graph of
actuarial vs. market value and noted how close they are.
The average retirement age in the city is 57. Mr. Schait showed a chart of participant statistics.
Public comment was then solicited. There was no public comment.
Mr. Barritt asked the status of the $8,000,000 loan that was used to fund the pension plan. Mr.
Hubbard said they are in the 10th year of a 20-year payback of $660,000 a year. With regard to
possible refinancing, there are a number of factors to look at including a penalty for early
payment. This gets less each year. Mr. Barritt suggested looking at the options.
9.Consider and possibly approve Warning the Annual City Meeting Ballot to include
articles on the selection of City Officers and City Councilors, the FY22 City budget,
and the authorization to incur debt for the Tax Incremental Financing eligible
Garden Street project:
Mr. Bolduc said the Warning was prepared based on prior models. The most significant
difference is related to the ZOOM meeting for the pre-vote city meeting.
Mr. Barritt asked if ballots will be mailed to all registered voters. Ms. Riehle said the School
Board supports this if there is COVID funding. Mr. Chittenden noted the Legislature has
approved $2,000,000, and the Governor is supposed to sign that bill tomorrow.
Ms. Emery then moved to approve the Warning for the Annual City Meeting Ballot as
presented. Mr. Barritt seconded. Motion passed unanimously via a rollcall vote.
CITY COUNCIL
19 JANUARY 2021
PAGE 6
10.Reports from Councilors on Committee Assignments:
Ms. Riehle reported that she attended the Airport Commission meeting. Emplanements are
down 83%, the lowest in the nation. The state also has the lowest COVID infection rate in the
nation, and those two figures go together. The good news is that the Airport hasn’t lost any
airlines, and there are a lot more UPS and commercial flights coming in. The Airport is running
at a deficit which is being made up for by PPL money. Payments have been made to the FAA for
the Kirby Cottages. Work is being done on the HVAC for Chamberlin School. The Airport is still
getting money for Airport projects, and they now have funding to redo the TFA.
Ms. Riehle also reported on a meeting with Town Meeting TV. They are looking for money for a
camera to continue ZOOM options for communities. South Burlington will be OK in this regard
when the move to 180 Market St. occurs as the building is equipped with the new technology.
Mr. Kaufman asked when that move could occur. Mr. Dorn said the possibility is June 30th. That
would coincide with when the Library lease at UMall runs out. Ms. Riehle suggested another
Council walk-through, and Mr. Dorn said he would try to schedule something soon. Mr. Dorn
also noted that the solar panels are now up.
11.Other Business:
No other business was presented.
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 8:17
p.m.
_________________________________
Clerk
STEERING COMMITTEE 20 JANUARY 2021
The South Burlington Steering Committee held a meeting on Wednesday, 20 January 2021, at
6:00 p.m., via Go to Meeting remote technology.
MEMBERS PRESENT: City Council: H. Riehle, Steering Committee Chair; T. Barritt, T. Chittenden,
M. Emery, D. Kaufman; K. Dorn, City Manager. School District: E. Fitzgerald, M. Lalonde, B.
Minier, B. Burkhardt, A. McHenry; D. Young, Superintendent of Schools
ALSO PRESENT: T. Hubbard, Deputy City Manager; I. Blanchard, Project Manager, P. Burke, D.
Bugbee
1.Agenda Review:
No changes were made to the Agenda.
2.Review and Approve Minutes of 9 November 2020:
Mr. Barritt moved to approve the Minutes of 9 November 2020 as written. Mr. Kaufman
seconded. Motion passed unanimously.
3.City and School District Budget Presentation:
a.City FY22 Budget:
Mr. Hubbard said the major considerations in preparing the FY22 budget were:
a.Sensitivity to the tax rate in light of COVID
b.Maintaining the current level of service (which for the first time has not been
possible)
c.Meet all contract obligations
d.Supporting the Capital Improvement Plan (CIP)
e.Funding the annual assessment and other entities
Of the $50,700,000 total city budget, $26,745,677 is from the General Fund. Projected revenue
is $9,300,000, leaving $17,400,000 to be raised by taxes.
The total increase in expenses from FY21 is $145,923. The decrease in revenue is anticipated at
$261,960. This leaves an increase in the tax rate of 0.98.
STEERING COMMITTEE
20 JANUARY 2021
PAGE 2
The major items in the CIP include:
a.Paving (the hope had been to fund this at $1,000,000, but it was cut to
$700,000
b.Tree care (emerald ash bore removal was projected at $100,000 and was cut
to $50,000
c.Fleet cuts for both the Fire and Police Departments
d.Police equipment and computerization
e.Parks improvements (some of which will be funded by impact fees)
f.Fire/Rescue (an ambulance replacement was deferred)
The total CIP funding is $400,000 below what was approved for FY21. Some things are on hold
to determine receipts from local option taxes, and some projects have been moved to future
years.
There have also been some staff positions that will not be funding in FY22. These include one
Police officer, one Firefighter, City Planner, Deputy Finance Officer, parks laborer, HR assistant.
Four other positions were merged into two positions.
Expense factors in the proposed budget include projects in the CIP, health insurance (up 5%),
agreements with collective bargaining, Workers Compensation and other insurances, increase in
funding to open the new Library (equipment and staffing), and an anticipated decrease in local
option tax revenue of $250,000. These factors total $1,300,000.
Special assessments, including the Winooski Valley Park Department, Regional Planning
Commission, County Court, Green Mountain Transit, Vermont League of Cities & Towns, Front
Porch Forum and CCTV total $836,000.
Revenue factors include:
a.An estimated 1% growth in the Grand List
b.Increase in ambulance fees
c.Recording fees/vital records
d.Fire and electrical inspections
e.Rentals at 19 Gregory Drive (thanks to the Miller family which turned the
entire building over to the city 10 years earlier than planned, there are now 2
tenants providing rental income)
STEERING COMMITTEE
20 JANUARY 2021
PAGE 3
f.Retiring the debt on the Public Works building
g.Use of special funds (City Center funds, Energy projects)
h.Grant monies
i.Approved bonding
Utility rates for the city’s 3 utilities will be increasing slightly in FY22 which will cost consumers a
total of $14.50 more per year.
The average single family home owner will see a total annual increase in property taxes of
$18.76. The average condo owner will pay $13.01 more per year.
In addition to the budget, there will be elected positions on the ballot and a TIF bond issue. All
ballots will be mailed to active voters on about the 10th of February. Ballots can be returned by
mail, dropped off at an outside drop at City Hall, or brought to polling places.
Mr. Hubbard noted that budget books will be available at the end of the month.
Mr. Dorn noted that there will be a $4,000,000+ ballot item to complete Garden Street. This
will be financed through Tax Incremental Financing (TIF) and will be the fourth project to be so
financed.
Ms. Blanchard then described the Garden Street project and showed a slide of the project area.
Work will include curbing, bike facilities, and utilities connections. The project is 100% TIF
eligible and will not result in any tax increase. Ms. Blanchard noted that this year the city has
received over $260,000 from TIF eligible projects including Healthy Living, Allard Square, and
Lake Champlain Housing. Ms. Blanchard added that as other projects are built, the increment
will surpass the debt payment. Mr. Dorn noted the city also has a City Center reserve fund to
augment payments to cover the debt in the early years. Ms. Riehle noted that 2 more City
Center projects have already been permitted, both for market rate housing, which is a very
positive sign.
b.School District Budget:
Supt. Young said that in preparing the FY22 budget, the School Board recognized the pressures
of the pandemic, increased school enrollment, and capital related needs. To address these, the
budget includes minimal staff increases (still below the FY20 levels) and a $2,500,000 bond
issue.
STEERING COMMITTEE
20 JANUARY 2021
PAGE 4
The Superintendent noted that South Burlington has been recognized as the #1 School District
and the #1 High School.
The proposed FY22 budget reflects an expenditure increase of 5.88% and a net reduction of
3.59% I spending. Contributing to increased costs are the following:
a.Salary/wages
b.Health Insurance (a significant increase)
c.Equipment repair/maintenance
d.Purchased services
e.Bringing back reductions from FY21
f.One school bus
g.Technology
h.HR software
i.Transportation Dispatcher/Router
j.HR Employment Coordinator
k.Financial Literacy person
l.Teachers at Chamberlin and Marcott to address increased enrollment
m.Non-union Support Staff increase in salary
Supt. Young noted that the PreK-5 enrollment in FY21 was 2527. The projection for FY 22 is an
enrollment of 2574. He then showed a chart indicating the numbers of students in classrooms
in the various schools and the numbers of teachers in those schools. All elementary schools
except for Chamberlin have more than 400 students, some of the largest schools in the state.
The total proposed FY22 school budget is $55,623,080. There is a 7.7% increase in revenue
which will result in the tax rate going down 4.15%. Supt. Young stressed that this is based on a
CLA (common level of appraisal) of 100%. Net spending per pupil would be $16,155.
Supt. Young noted that the State has indicated that the number of equalized pupils is going
down slightly. He said they are working with the State to figure out how this can be possible, so
that number is not to be considered final.
Under the proposed budget, the average condo owner would pay $172. less in school taxes.
The average single family home owner would pay $228. less. Supt. Young showed a review of
the school district’s tax rate history. The 10-year average increase per year is 1.38%. He also
showed a comparison to statewide estimates.
STEERING COMMITTEE
20 JANUARY 2021
PAGE 5
Supt. Young then explained how the CLA works. He noted that he has been told that homes in
the city are selling at or above they appraised value. He then noted that 68% of the city’s voters
qualify for income sensitivity reductions.
Of the 215 Vermont school districts, 107 spend more per equalized pupil than South Burlington
does.
Supt. Young then explained the request for a $2,500,000 bond to address school maintenance
concerns (roofing, floors, doors, etc.). He noted there will also be a ballot article which would
allow the school district to use any FY21 surplus to apply for COVIDD expenses that were not
reimbursed. He read the language for this item.
Mr. Chittenden asked whether the city will have all the reappraisals done for the next tax bill.
Mr. Dorn said he can’t say for certain, but it looks as if that will happen. Supt. Young said that
what people will pay depends on that new appraisal.
Ms. Riehle asked if the bond issue passes whether the first payment is included in the FY22
budget. Supt. Young said it is ($32,000) and covers repairs that are needed immediately. He
cited Burlington High School as an example of what happens when such needs are not
addressed when needed. The Superintendent noted that the Middle School roof is now 20
years old and has a lot of square footage.
4.Legislative Update:
Rep. Lalonde said that Act 48 has been passed out and will allow for the mailing of all ballots.
There is also money to pay for this from the Secretary of State’s office. Another big issue now is
the revenue forecast update. Rep. Lalonde said because things were so dire in December, the
projected yield was lower than it is likely to be. Projections are now much better because of
money from COVID relief funds, and tax rate numbers will probably be lower than what was
projected.
Mr. Barritt said he saw a news item regarding the unfunded portion of the State Teachers
Retirement Fund. He asked whether the schools would have to make up the difference. Rep.
Lalonde said the Fund is in worse shape than they had thought. Treasurer Pearce suggested
some things to address this, but it is premature to say what options will be put in place and
whether there will be a local impact.
STEERING COMMITTEE
20 JANUARY 2021
PAGE 6
Supt. Young said some things are already underway including merger benefits and return of
universal breakfasts. House Bill 35 would eliminate eligible construction costs from the
spending calculation of school districts. House Bill 54 would address how to calculate equalized
pupils. He stressed the need to understand all the factors before changing anything.
Rep. Lalonde said one other bill would address how negotiations are being conducted and what
is negotiable. This could add to local costs. Ms. Fitzgerald noted that she and Ms. Burkhardt
testified on this yesterday.
Sen. Chittenden noted that he has been assigned to the Senate Education Committee. They are
currently reviewing a recent count decision and taking testimony from colleges. They are also
looking at a required Civics course in high schools.
Ms. Riehle commended the School Board on a budget that she can support and thanked them
for “a thankless task.” She then recognized outgoing School Board members Fitzgerald and
Lalonde and thanked them for their many years of service and hard work.
5.Update on 180 Market Street:
Ms. Blanchard noted that the building is officially named South Burlington Public Library and
City Hall. Construction is 75% complete. Work on the Marcott School property is 100%
complete. On the first floor, painting is going on, especially in the Children’s Library. Each floor
is at a different level of completion. Exterior work will be completed in the spring.
A City Council tour of the building is being planned for February or early March. There will also
be a virtual tour which will allow for questions from viewers. Ms. Riehle said she toured the
building with a potential donor last week, and it was very exciting to see the colors. She said
this will be a Library the city will be very proud of.
6.Other Business:
No other business was presented.
As there was no further business to come before the Committee, Mr. Barritt moved to adjourn.
Ms. Fitzgerald seconded. Motion passed unanimously. The meeting adjourned at 7:15 p.m.
SOUTH BURLINGTON CITY COUNCIL Tuesday, February 23, 2021
Members present via electronic means: H. Riehle, M. Emery, D. Kaufman, T. Barritt, T.
Chittenden
Also present via electronic means: K. Dorn, City Manager, A. Bolduc, City Attorney, J. Baker, Winooski City Manager. Other members of the public came and went from the meeting at
various times.
1. Welcome
2.T. Barritt moved to enter executive session to discuss matters related to personnel and toreceive guidance from legal counsel and to include K. Dorn and A. Bolduc in the session.D. Kaufman seconded the motion. The motion passed by unanimous vote and the Councilentered executive session.
3.The Council returned to public session at 6:31 PM. T. Barritt moved to approve a contract
with J. Baker to be the next City Manager of South Burlington. M. Emery seconded the
motion. The motion passed by unanimous vote with members expressing their enthusiasm
for the new City Manager.
H. Riehle talked about the process the council went through to select a new City Manager.
Eleven applications were received and a committee of citizens, staff and Councilors
narrowed the field to four candidates of which two were interviewed by the Council. The
result was the selection of J. Baker.
Each member of the Council expressed their strong views in support of the applicant, the
process and the decision.
J. Baker expressed her excitement for the challenges and opportunities ahead.
Several community members expressed their support for the selection.
4.Tom Chittenden moved to adjourn. T. Barritt seconded the motion and the Council
adjourned at 6:41 PM by unanimous vote.
__________________________________________________
CITY COUNCIL PRE-TOWN MEETING 1 MARCH 2021
The South Burlington City Council and South Burlington School Board held a pre-Town Meeting
joint meeting on Monday, 1 March 2021, at 7:30 p.m., via Zoom interactive technology.
CITY COUNCIL MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, Sen. T. Chittenden, D.
Kaufman
SCHOOL BOARD MEMBERS PRESENT: B. Burkhardt, Chair; E. Fitzgerald, M. Lalonde, A. Henry,
ALSO PRESENT: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; C. Holm, HR Director;
J. Rabidoux, Public Works Director; other city staff and members of the public
1.Welcome and Agenda Review: Additions, deletions or changes in order of Agenda
items:
Ms. Emery asked to add a brief discussion of the upcoming Act 250 hearing regarding the
Burton application. Ms. Riehle said this can be on the Thursday evening agenda. Ms. Emery
said it may involve an executive session.
Council members also agreed to address the Consent Agenda following Item #4.
2.Reading of the Warning Articles:
Members agreed to forego the reading of the Warning Articles.
3.Presentation of FY22 Municipal Budget:
Ms. Riehle noted that the presentation will be one that Deputy City Manager Tom Hubbard did
in January so that there would be information available to the public before they received their
ballots by mail.
Ms. Riehle also thanked Department Heads for their work on preparing a budget that taxpayers
can support under these difficult times.
Mr. Hubbard said this is the most challenging budget the City Council has worked on. It includes
sacrifices, some of which have resulted in not being able to maintain a level of service within
every department. The budget does support the Capital Improvement Plan (CIP), but does not
provide full funding.
CITY COUNCIL PRE-TOWN MEETING
1 MARCH 2021
PAGE 2
The total city budget is $50,700,000.00 of which $26,700,000 is in the general fund,
$14,000,000 is in enterprise funds (water, sewer, stormwater), and $10,000,000 in special funds
(e.g., Open Space). The amount to be raised from taxes to support the budget is $17,700,000.
There is a .98% increase in taxes to support this budget. For the average single family home
owner, this results in an increase of $18.76 for the year. For the average condo owner, the
increase in k$13.01 for the year.
Mr. Hubbard then showed a snapshot of the CIP and noted that the Council first looked here for
reductions. Items that were reduced, removed or moved to a future year include trucks for
Public Works, Police cruisers, a reduction in paving from $1,000,000 to $700,000, and a
reduction in ash tree removal. Cuts were also made to reserve funds. Some staff positions
were not filled (e.g., City Planner, Deputy Finance Officer), and 4 positions were combined into
2 positions. Other money-saving actions included switching medical insurance plans (a
reduction from a 12% increase to a 5% increase), using proceeds from the solar installation to
fund energy projects, and streamlining of operations such as payroll, digitizing of records, and
services shared with other communities or organizations.
Expense factors driving the budget include: health insurance, pension plan, agreements with
bargaining units, reduced interest earnings, and most significantly reduced local option tax
receipts. Revenue factors include: a 1% increase in the grand list, rentals at 19 Gregory Drive,
retiring the debt on the Public Works building, local option taxes, and ambulance billing.
The total yearly increase for enterprise funds will be $14.50.
Mr. Hubbard noted that also on the ballot will be 2 City Councilor positions, the City Clerk
position, and a bond for Garden Street.
Mr. Dorn then explained the bond issue which will fund construction at both ends of Garden
Street. He showed an overhead photo and indicated the sections where work will be done.
Other sections of the road will be built by developers. Mr. Dorn noted that if construction costs
can be reduced, there is the possibility of doing work at the White Street intersection. The total
project cost is $4,000,000, and the project is eligible for 100% financing through tax incremental
financing (TIF). Mr. Dorn explained that TIF allows the additional taxes from improved
properties to remain in the city instead of being sent to the state. That money can be used to
fund infrastructure in the TIF district.
CITY COUNCIL PRE TOWN MEETING
1 MARCH 2021
PAGE 3
Mr. Dorn then showed a plan of city center and indicated the buildings which have already been
constructed and the location of 2 new housing projects to be built, one of which is under
construction. The incremental taxes from all of these buildings will pay for 100% of the road
project. There is no additional cost to the taxpayer.
Mr. McHenry asked about a possible connection from the property to the west of City Center
Park. Mr. Dorn said that is unlikely because of wetlands issues.
4.Consent Agenda:
a.Consider and Sign Disbursements
Ms. Emery moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Motion
passed unanimously via a rollcall vote.
8. Presentation of FY22 School District Budget
Ms. Burkhardt thanked the City Manager and Deputy City Manager for their many years of
service to the community.
Ms. Burkhardt then noted the school district’s goals for students:
a.A disposition for lifelong learning
b.Academic proficiency
c.Personal development
d.Citizenship
Students must show proficiency in all of these areas in order to be prepared by their future
paths.
The cost drivers for the proposed school budget include salaries (an additional 4.7 FTE), health
insurance (a 10% increase, negotiated at the state level), and increasing enrollment. Ms.
Burkhardt noted that the demographer is forecasting a continued increase in school enrollment
due to new housing and turnover of existing housing to young families. The High School is over
capacity, and both Marcott and Orchard Schools are at capacity. An additional 21 students are
anticipated at Marcott, 13 at Orchard, and 13 at Chamberlain. An additional teacher has been
CITY COUNCIL PRE-TOWN MEETING
1 MARCH 2021
PAGE 4
added at both Marcott and Chamberlain Schools. Enrollment at the Middle School should be
down by 17 students next year, but the High School will have 14 additional students.
Ms. Burkhardt said it has been a challenge to find staff because of COVID, but they will be
adding the 2 elementary teachers, .3 financial literacy person, .4 guidance (at Orchard), 1
human resource person (to replace the position cut last year), and 1 transportation person.
The total school budget is $55,623,080. The cost per equalized pupil is $16,852.44.
Ms. Burkhardt then explained how the State calculates equalized pupils. They are trying to
determine how the equalized pupil rate went down by 17 students.
There will be a decrease in the tax rate of 5.95%; however, because of reappraisal, individual
taxpayers could see an increase, decrease or no change in their taxes. Ms. Burkhardt noted the
possibility of further changes at the State level which could decrease the tax rate.
There is also a 20-year bond issue for $2,500,000 on the ballot to cover facilities stewardship.
The major item is the replacement of the Middle School roof ($1,800,000). Ms. Burkhardt
noted that research is being done regarding needs at all schools, and there will eventually be a
proposal brought to voters to renovate all school buildings.
Article 4 on the ballot would allow the school district to assign any surplus from the FY21
budget to support unanticipated, non-reimbursable expenses in FY22 related to the COVID
pandemic.
Two School Board positions are also on the ballot. Ms. Burkhardt thanked retiring School Board
members Fitzgerald and Lalonde for their years of service and cited their positive impact on the
city’s schools.
Ms. Fitzgerald acknowledged retiring City Manager Dorn and Deputy City Manager Hubbard.
As there was no further business to come before the Council and School Board, the meeting
was adjourned by common consent at 8:35 p.m.
__________________________________
CITY COUNCIL 4 MARCH 2021
The South Burlington City Council held a special reorganization meeting on Thursday, 4 March
2021, at 7:00 p.m., via Go to Meeting remote participation.
MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, M. Cota
ALSO PRESENT: K. Dorn, City Manager; A. Bolduc, City Attorney; J. Baker, D. Crawford, B.
Cimonetti, S. Dooley, J. Kochman, L. Slattery, B. Kell
1.Election of City Council Officers:
Mr. Dorn presided over the election of a City Council Chair. He opened the floor for
nominations.
Mr. Barritt nominated Ms. Riehle as Chair. Ms. Emery seconded the nomination. There were no
further nominations. In the vote that followed, Ms. Riehle was elected 4-0.
Ms. Riehle then presided over the meeting. She opened the floor for nominations for Vice Chair
and Clerk.
Mr. Cota nominated Ms. Emery for Vice Chair and Mr. Barritt for Clerk. Ms. Riehle seconded.
There were no further nominations, and Ms. Emery and Mr. Barritt were elected Vice Chair and
Clerk respectively by a vote of 4-0.
Ms. Riehle then thanked Council members for their confidence in her and pledged to try to run
open, effective meetings with full discussion on all issues. She then welcomed new Council
member Matt Cota and the city’s new City Manager Jessie Baker and said also felt privileged to
be working with the City Manager Kevin Dorn and Deputy City Manager Tom Hubbard in their
last months before retirement.
Ms. Riehle noted that the Council and other committees have learned to meet virtually during
the pandemic, but people have felt their voices aren’t being heard. She said the Council needs
reporting from every committee, and she will try to make that happen again.
2.Set Dates and Time for regular meetings being held March 2021 – February 2022:
Mr. Barritt moved that the Council continue to meet on the first and third Mondays of the
month at 6:30 p.m., unless those days fall on a holiday in which case meetings will be held on
the following Tuesday or other designated day. Ms. Emery seconded. Motion passed 4-0.
CITY COUNCIL
4 MARCH 2021
PAGE 2
3.Annual Appointments to be made by majority vote of City Council pursuant to City
Charter, Chapter 13, Section 301(2):
Ms. Riehle read the first list of annual appointments as follows:
City Treasurer Tom Hubbard
City Attorney Andrew Bolduc
Zoning Administrator Dalila Hall
Acting Asst. Zoning Administrator Paul Conner
Acting Asst. Zoning Administrator Marla Keene
Acting Asst. Zoning Administrator Betsy Brown
First Constable Corporal Kevin Grealis
Second Constable Dan Boyer
Grand Juror Kevin Dorn
City Agent & Trustee of Public Funds Kevin Dorn
Mr. Barritt moved to approve the list of appointments as read. Mr. Cota seconded. The motion
passed 4-0.
Ms. Riehle then read the second list of annual appointments as follows:
Code Enforcement Officer Dalila Hall
Acting Asst. Code Enforcement Officer Paul Conner
Acting Asst. Code Enforcement Officer Marla Keene
Acting Asst. Code Enforcement Officer Betsy Brown
Telecommunications Officer Dalila Hall
Acting Asst. Telecom Officer Paul Conner
Acting Asst. Telecom Officer Marla Keene
Emergency Management Director Terry Francis
Health Officer Justin Rabidoux
Mr. Cota then moved to approve the second list of annual appointments as read. Mr. Barritt
seconded. The motion passed 4-0.
CITY COUNCIL
4 MARCH 2021
PAGE 3
4.Designate Official Paper of Record:
Mr. Barritt moved to designate The Other Paper as Official Paper of Record. Mr. Cota seconded.
Motion passed 4-0.
5.Designate Official Depositories:
Mr. Barritt moved to designate TD Bank as the Official Depository. Mr. Cota seconded. Motion
passed 4-0.
6.Appoint Council Representative to the Pension Advisory Committee:
Ms. Riehle moved to appoint Tim Barritt as Council Representative to the Pension Advisory
Committee. Mr. Cota seconded. Motion passed 4-0.
The Reorganization meeting was then followed by a Council Business Meeting:
7.Comments and Questions from the public not related to the Agenda:
No issues were raised.
8.Other Business:
No other business was presented.
9.Executive Session:
Mr. Barritt moved that the Council enter Executive Session to discuss ongoing litigation to which
the City is a party and to receive legal guidance from the City Attorney and to invite into the
executive session Mr. Dorn, Mr. Hubbard, Mr. Bolduc, and Mr. McNeil. Ms. Emery seconded.
Motion passed 4-0. The Council entered Executive Session at 7:18 and resumed open session at
7:40 p.m.
As there was no further business to come before the Council Mr. Barritt moved to adjourn.
Ms. Emery seconded. Motion passed unanimously. The meeting was adjourned at 7:40 p.m.
_______________________, Clerk
_________________________________
Clerk
TO: Kevin Dorn, City Manager
FROM: Ilona Blanchard, Community Development Director
SUBJECT: Approve the South Burlington Public Library and City Hall
Gallery Policy
DATE: March 11, 2021
BACKGROUND: The new South Burlington Public Library and City Hall features
a public art gallery (wall space) in the main hall that connects the
Welcome Desk, Library, Auditorium and Senior Center.
The Public Art Selection Committee has drafted a policy to guide
the installation of art within the gallery for displays throughout
the year. The Committee would use the policy to work with a
Committee selected guest curator to mount shows.
The policy requires calls to artists (a process to publicly and
competitively obtain interest in showing in the gallery), provides
for preference to South Burlington artists, and for annual feature
shows specific to South Burlington or South Burlington
organizations; balances artistic expression with the consideration
that the gallery is within a highly public location; and ensures
that the City and City officials are removed from any sales of an
artist’s work.
On March 9th, the Committee met and approved the attached
version of the policy and recommended that the City Council
approve it as the South Burlington Public Library and City Hall
Gallery Policy.
RECOMMENDATION: Review the attached policy and consider approval.
ATTACHMENTS: •South Burlington Public Library and City Hall Gallery
Policy (for approval)
SOUTH BURLINGTON PUBLIC LIBRARY AND CITY HALL GALLERY POLICY
1. PURPOSE
The City of South Burlington Public Art Gallery presents an ongoing exhibition series at City Hall to
showcase local artistic endeavors, to encourage public dialogue, understanding and enjoyment of visual
art, to enrich the environment and community, to contribute to an understanding of our surroundings,
ideas and cultures, and to open our collective and individual minds and hearts.
2. POLICY STATEMENT
The City of South Burlington respects freedom of expression in visual art. However, the South
Burlington Public Library and City Hall serves primarily as a place of business and provides services to
people of all ages. The City reserves the right to determine whether to allow the installation of artwork,
and to remove or relocate artwork at its sole discretion.
3. ELIGIBILITY
The following requirements must be met.
A.Artists are eligible regardless of race, ethnicity, gender, belief, national origin, religious
orientation, marital status, sexual orientation or physical or mental abilities.
B.When appropriate, preference will be given to individuals or organizations that reside in, have a
studio space or a business address or another connection to South Burlington, Vermont.
C.All presented art must be the original work of the artist.
D.Artworks created within the last 10 years from the year of submission of the proposal will be
given priority.
E.Artwork must be able to be hung on the exhibit rail system and present no sharp edges that
could constitute a safety hazard.
F.Inappropriate Submissions: Artwork will not be accepted nor displayed by the City if it includes
inappropriate nudity or violence or explicit language or depicts discrimination based on race,
color, national origin, ancestry, religion, age, gender, sexual orientation, marital status or
physical or mental abilities.
4.SELECTION PROCESS
All submissions will be called for and be screened by the City curator, with a recommendation presented
to the Public Art Selection Committee for final approval based on the following:
A.Quality or merit of the artwork
B.Work that reflects cultural diversity
C.Local or national reputation of the artist
D.Relevance to any curator designed thematic exhibition topic
E.Notwithstanding the above, for some portion of the calendar year an exhibit may focus
exclusively on works that contribute to local art development, such as artwork created by
students of schools and/or organizations within South Burlington. Such an exhibit shall be
organized at the discretion of the curator or the direction of the Public Art Selection Committee
and as part of an organized Gallery annual calendar of events.
South Burlington Public Library And City Hall Gallery Policy, page 2
South Burlington Public Art Selection Committee – March 9, 2021
5. INSTALLATION
The artists must ensure that the artwork is installation ready with two hooks attached to the artwork on
each side and picture wire attached. The artist must comply with all submittal and exhibition
requirements set by the curator. The artist must hang all the work in coordination with the City’s
curator. The City is responsible for all curatorial decisions.
The artwork in an exhibition shall be on loan to the City by the artist or organization at no cost to the
City. The individual or organization lending the artwork is responsible for the cost of delivery and
installation of the artwork. Installation must conform to the plans approved by the Curator. The
artwork shall remain on display until the conclusion of the exhibition.
Artwork submitted in an electronic format may be displayed without the audio portion, if any, at the
discretion of the Curator and City Manager, Library Director, and City Clerk, and as necessary to conduct
business in City Hall.
6. RIGHTS TO THE ARTWORK
Upon acceptance and installation of the artwork, the City retains the rights to photograph the artwork
for promotional purposes.
7. RETURN OF ARTWORK
Artwork will be returned to the artist after the exhibit displaying the piece has been completed. The
artist must pick up the artwork within three (3) business days upon completion of the exhibit.
Furthermore, the artist will provide the resources and pack and remove the artwork from the Gallery.
The City is not responsible for unclaimed work.
8. SALE OF ARTWORK
The Gallery is not a commercial gallery, and since it is public property, will not be used for commercial
purposes. The gallery will connect potential buyers to artists; however, sales should not take place on-
site, and any work purchased during the run of a show must continue with the show until it is taken
down. The labels, or gallery information provided in a binder, for works that have been purchased may
be marked with a small dot or other symbol at the discretion of the exhibitor to indicate that the work is
no longer available for sale. The City will not participate in the sale of any item on display in the Gallery,
nor will it seek any commission or payment for the sale.
9. DUTY OF CARE
The City will exercise the same care in respect to the artwork as it does in the safekeeping of
comparable property of its own.
10. OPENING RECEPTION
The City will make the Gallery available for a public reception while the exhibit is on view at no cost to
the artist. However, the artist or exhibiting organization is responsible for the cost of refreshments. The
artist and the City will coordinate to determine the date of this reception and advertisement for the
reception. All State laws and City policies related to alcohol shall be followed.
Memo
To:South Burlington City Council
From:Dave Wheeler, Stormwater Superintendent
CC:Tom DiPietro, Deputy Director of Public Works
Date:March 11, 2021
Re:Award of Construction Contract for Woodcrest Drive Stormwater Improvements
On Wednesday, March 3, 2021, the City of South Burlington held a bid opening for the Woodcrest Drive
Stormwater Improvement Project. This project includes the construction of a stormwater infiltration system within
the Deane Street right-of-way.
We received nine (9) responsive bids from contractors to complete this work (Table 1). The low bid for this project
was submitted by Ormond Bushey & Sons for the amount of $171,069.00. This cost is approximately 22% lower
than the engineer’s estimate for the project ($219,486.61). The project team has reviewed the bid package and
determined that all required materials and bonds were included, all contract addenda were received by the
contractor, and all necessary documents had been signed. As noted in the attached recommendation of award,
the low bidder did not include the concrete structure in their unit price for a special provision bid item. A correction
of this error would adjust the low bid by $3,311 to a total of $174,380.
Table 1. Summary of Bids Received for the Woodcrest Dr Stormwater Improvement Project
Contractor Total Bid Price
Ormond Bushey & Sons $174.380.00
All Seasons Excavating, Inc. $ 180,034.00
S.D. Ireland Brothers Corporation $197,237.50
Munson Earth-Moving Corporation $207,680.00
Desroches Construction Services Inc.$209,431.00
Parker Excavation $241,158.08
J. Hutchins, Inc.$242,568.50
Courtland Construction Corp.$247,274.00
Engineers Construction, Inc.$273,465.00
Based on this, I am requesting that City Council authorize the South Burlington Department of Public
Works to award the Woodcrest Drive Stormwater Improvement Project to Ormond Bushey & Sons. If you
would like additional information on this project or the bid results, please contact David Wheeler, Stormwater
Superintendent, at (802) 658-7961 x6113.
208 Flynn Avenue, Suite 2A, Burlington, VT 05401 Tel: 802-863-6225 Fax: 802-863-6306
85 Mechanic Street, Suite E2-3, Lebanon, NH 03766 Tel: 603-442-9333 Fax: 603-442-9331
Dave Wheeler, Stormwater Superintendent
Department of Public Works
104 Landfill Road
South Burlington, VT 05403
Re: Woodcrest Drive Stormwater Improvements, Award Recommendation
South Burlington TAP TA18(6)
City of South Burlington, VT
Dear Dave,
The following represents our analysis of bids received for the Woodcrest Drive Stormwater
Improvements project and opened on March 3, 2021 at 1:00 PM. Based on your comments, 9
bids were accepted as complete. We have reviewed the bid tabulation you provided and
compared bid number from the apparent low bidder (Ormond Bushey & Sons) to both the
engineer’s estimate and the average of accepted bids. The following summarizes the bids in
general.
1) Nine bids were accepted as complete, ranging from the apparent low bidder at $171,069*
and a high of $273,465.
2) Four of the nine bids exceeded the Engineer’s Estimate of $219,487.
3) The following bid informalities were found:
a) All Seasons Excavating: The calculated Total Base Bid price equals $180,034.00, not
$181,084.00 as written in words and figures.
b) J Hutchins: Bid Item 651.15 - Seed, the calculated total price for the bid item is $285.00
rather than $304.00 as written. This bid informality revises the Total Bid from
$242,587.50 to $242,568.50.
c) J Hutchins: Bid Item 604.47 - Cast Iron Grate with Frame, Type D, the calculated total
price for the bid item is $1,170.00 rather than $1,70.00 as written. This bid informality
does not impact the Total Bid.
d) J Hutchins: Bid Items 201.16 - Removing Large Trees and 651.29 - Geotextile Under
Stone Fill were bid with no unit price. Contractors were requested to provide a unit
price on bid items where the quantity was reduced to zero as part of Addendum No. 1.
e) Munson Earth Moving: Bid Items 201.16 - Removing Large Trees and 651.29 - Geotextile
Under Stone Fill were bid with a unit price of $0.00. Contractors were requested to
provide a unit price on bid items where the quantity was reduced to zero as part of
Addendum No. 1.
f) Parker Excavation: Bid Item 651.35 - Topsoil, the calculated total price for the bid item is
$2,691.00 rather than $2,891.00 as written. This bid informality, coupled with another
bid informality identified below, revises the Total Bid from $240,358.08 to $241,158.08.
g) Parker Excavation: The Total Bid was miscalculated with an error of $1,000. Total Base
Bid should be $241,158.08 rather than $240,358.08 as written in bid. This bid
informality, coupled with another bid informality identified above, revises the Total Bid
from $240,358.08 to $241,158.08.
h) Parker Excavation: Bid Items 201.16 - Removing Large Trees and 651.29 - Geotextile
Under Stone Fill were bid with a unit price of $0.00. Contractors were requested to
provide a unit price on bid items where the quantity was reduced to zero as part of
Addendum No. 1.
4) Paving costs were significantly lower than the Engineer’s Estimate, likely reflecting the
economic changes over the last 12 months.
5) Pricing for the storm chamber system (installed cost) was significantly higher than the
Engineer’s Estimate, likely due to the anticipated labor requirements associated and the
addition of geomembrane which was added after the estimate was completed.
Note that construction prices are volatile in the current climate and unit prices used for the
engineer’s estimate vary significantly from the average bid prices for a number of items, with
the most significant being paving costs. For that reason, the apparent low bid was compared to
average bid pricing.
The apparent low bid includes 14 items with pricing more than 50% lower than the average bids
for these items. Of these, a number have a high labor component and therefore subject to a
higher level of variation:
·Clearing and Grubbing
·Removing Medium Trees
·Change elevation of sewer manhole
·Traffic control
·Bypass sewer pumping
Of more interest are items that involve a higher percentage of material cost:
·15” CPEP (SL)
·24” CPEP (SL)
·PVC Sewer Pipe (4”)
·PVC Sewer Pipe (8”)
·Outside Drop Sanitary Sewer Manhole
With the exception of the 8” PVC sewer pipe and outside drop sewer manhole, the quantities
are small and impacts on the bid minimal. Based on our conversation earlier today, I
understand that you have reviewed pipe pricing with the contractor who indicated that these
numbers were largely material costs and that the remainder of the associated work has been
incorporated into excavation costs. With that explanation, these items do not appear to
constitute a material imbalance as outlined in the LTF Handbook. Also confirmed was that the
apparent low bidder did not include the concrete structure in their bid for the outside drop
structure. A correction of this error would adjust the bid number by $3,311 to $174,380, and
would need to be addressed with an initial change order at contract signing if acceptable to the
City. With that correction, Ormond Bushey & Sons would remain the low bidder.
It is also worth noting that item pricing does not appear to “front-load” the payment process in
an effort to mathematically imbalance the bid.
The apparent low bidder has acknowledged receipt of addendums 1 and 2, and has included
EEO Certification, Non-Collusion Affidavit, Worker Classification forms and a bid bond. Ormond
Bushey & Sons is also listed on the VTRANS Prequalified Contractors List. We recommend
award of the construction contract to Ormond Bushey for the amount of $174,380 (with the
correction noted above incorporated by change order).
Please feel free to contact our office with questions or if additional information would be
helpful in your review.
Respectfully,
Paul M. Boisvert, PE
Senior Engineer / Principal
CITY OF SOUTH BURLINGTONWOODCREST DR STORMWATER PROJECTBID TABULATIONMarch 3, 2021Page 1 of 2UNITPRICETOTALCOSTUNITPRICETOTALCOSTUNITPRICETOTALCOSTUNITPRICETOTALCOSTUNITPRICETOTALCOSTUNITPRICETOTALCOST201.11Clearing and Grubbing0.1AC$31,271.66$3,127.17$30,102.29$3,010.23$9,200.00$920.00$9,200.00$920.00$30,000.00$3,000.00$40,150.00$4,015.00201.15Removing Medium Trees5EACH$1,383.33$6,916.65$879.82$4,399.08$415.00$2,075.00$1,450.00$7,250.00$750.00$3,750.00$350.00$1,750.00201.16Removing Large Trees0EACH$1,000.00$0.00$1,543.75$0.00$3,000.00$0.00$5,000.00$0.00$2,000.00$0.00$750.00$0.00203.28Excavation of Surfaces and Pavements60CY$48.82$2,929.20$31.36$1,881.87$28.00$1,680.00$50.00$3,000.00$23.00$1,380.00$20.00$1,200.00204.20Trench Excavation of Earth780CY$23.99$18,712.20$25.75$20,082.40$30.00$23,400.00$20.00$15,600.00$20.00$15,600.00$25.00$19,500.00301.25Subbase of crushed Gravel, Coarse Graded130CY$63.07$8,199.10$41.54$5,400.49$31.30$4,069.00$40.00$5,200.00$33.00$4,290.00$29.00$3,770.00301.26Subbase of crushed Gravel, Fine Graded130CY$42.30$5,499.00$42.65$5,544.93$31.30$4,069.00$40.00$5,200.00$33.00$4,290.00$29.00$3,770.00406.27Medium Duty Bituminous Concrete Pavement80TON$511.47$40,917.60$172.70$13,816.36$145.00$11,600.00$155.00$12,400.00$125.00$10,000.00$139.00$11,120.00601.2615" CPEP (SL)42LF$45.17$1,897.14$68.89$2,893.47$27.00$1,134.00$66.00$2,772.00$40.00$1,680.00$45.00$1,890.00601.2624" CPEP (SL)32LF$93.16$2,981.12$87.42$2,797.40$30.00$960.00$83.00$2,656.00$60.00$1,920.00$52.00$1,664.00604.20Precast Reinforced Concrete Catch Basin with Cast Iron Grate (5')1EACH$3,339.52$3,339.52$5,473.29$5,473.29$4,633.00$4,633.00$8,025.00$8,025.00$5,000.00$5,000.00$4,500.00$4,500.00604.21Precast Reinforced Concrete Manhole with Cast Iron Cover2EACH$3,321.13$6,642.26$4,425.52$8,851.04$3,311.00$6,622.00$4,650.00$9,300.00$3,500.00$7,000.00$2,900.00$5,800.00604.22Sanitary Sewer Manhole2EACH$7,778.97$15,557.94$4,350.93$8,701.85$3,311.00$6,622.00$4,600.00$9,200.00$5,000.00$10,000.00$3,200.00$6,400.00604.415Rehab of Manhole, Class II1.0EACH$1,420.55$1,420.55$1,991.34$1,991.34$2,050.00$2,050.00$1,250.00$1,250.00$1,500.00$1,500.00$2,200.00$2,200.00604.42Change Elevation of Sewer Manhole1EACH$937.50$937.50$1,743.27$1,743.27$650.00$650.00$1,230.00$1,230.00$2,000.00$2,000.00$1,600.00$1,600.00604.47Cast Iron Grate with Frame, Type D1EACH$500.00$500.00$843.33$843.33$880.00$880.00$1,440.00$1,440.00$600.00$600.00$750.00$750.00604.55Cast Iron Cover with Frame, Type B2EACH$585.10$1,170.20$813.33$1,626.67$880.00$1,760.00$1,170.00$2,340.00$600.00$1,200.00$750.00$1,500.00620.11Chain Link Fence435LF$33.00$14,355.00$11.65$5,066.78$6.80$2,958.00$33.00$14,355.00$8.00$3,480.00$5.00$2,175.00628.10House Connection1EACH$500.00$500.00$628.34$628.34$592.00$592.00$750.00$750.00$1,000.00$1,000.00$830.00$830.00628.35PVC Sewer Pipe (4")52LF$53.13$2,762.76$40.74$2,118.25$1.50$78.00$34.00$1,768.00$40.00$2,080.00$27.00$1,404.00628.35PVC Sewer Pipe (8")172LF$53.13$9,138.36$52.80$9,081.60$7.00$1,204.00$57.00$9,804.00$50.00$8,600.00$48.00$8,256.00629.54Crushed Stone Bedding30TON$43.38$1,301.40$34.88$1,046.33$19.00$570.00$31.00$930.00$40.00$1,200.00$21.00$630.00635.11Mobilization/Demobilization1LS$10,000.00$10,000.00$18,472.44$18,472.44$17,700.00$17,700.00$20,000.00$20,000.00$20,000.00$20,000.00$17,500.00$17,500.00641.11Traffic Control1LS$10,000.00$10,000.00$5,326.67$5,326.67$2,450.00$2,450.00$10,650.00$10,650.00$2,600.00$2,600.00$6,800.00$6,800.00649.11Geotextile for Road Bed Separator365SY$1.68$613.20$1.49$542.63$1.00$365.00$2.00$730.00$1.50$547.50$2.00$730.00649.31Geotextile Under Stone Fill0SY$4.07$0.00$2.56$0.00$5.00$0.00$5.00$0.00$1.50$0.00$4.50$0.00651.29Mulch0.5TON$568.00$284.00$1,407.44$703.72$360.00$180.00$900.00$450.00$1,000.00$500.00$2,400.00$1,200.00651.35Topsoil50CY$50.47$2,523.50$52.26$2,612.89$34.50$1,725.00$60.00$3,000.00$40.00$2,000.00$45.00$2,250.00651.15Seed15LB$14.07$211.05$11.87$178.00$11.00$165.00$10.00$150.00$10.00$150.00$8.00$120.00653.20Temporary Erosion Control Matting430SY$3.49$1,500.70$2.06$884.84$1.80$774.00$2.00$860.00$2.00$860.00$2.50$1,075.00653.41Inlet Protection Type II2EACH$135.87$271.74$176.55$353.10$100.00$200.00$95.00$190.00$150.00$300.00$150.00$300.00653.45Filter Bag1EACH$200.00$200.00$174.63$174.63$67.00$67.00$260.00$260.00$200.00$200.00$230.00$230.00653.48Temporary Silt Fence260LF$6.05$1,573.00$4.52$1,174.62$2.30$598.00$5.00$1,300.00$6.00$1,560.00$3.50$910.00653.55Project Demarcation Fence450LF$1.52$684.00$1.23$552.00$0.50$225.00$1.50$675.00$1.00$450.00$1.00$450.00656.20Evergreen Trees5EACH$221.25$1,106.25$698.00$3,490.00$277.00$1,385.00$1,150.00$5,750.00$550.00$2,750.00$580.00$2,900.00656.30Deciduous Trees3EACH$971.50$2,914.50$932.67$2,798.00$768.00$2,304.00$1,150.00$3,450.00$850.00$2,550.00$935.00$2,805.00900.62Structure Demolition2EACH$500.00$1,000.00$1,790.42$3,580.84$2,284.00$4,568.00$820.00$1,640.00$3,900.00$7,800.00$900.00$1,800.00900.62Outside Drop Sanitary Sewer Manhole1EACH$5,000.00$5,000.00$6,046.94$6,046.94$2,037.00$2,037.00$8,220.00$8,220.00$6,000.00$6,000.00$5,040.00$5,040.00900.62Trench Baffle1EACH$300.00$300.00$434.94$434.94$260.00$260.00$550.00$550.00$400.00$400.00$300.00$300.00900.62Storm Chamber System1EACH$26,000.00$26,000.00$54,696.57$54,696.57$50,000.00$50,000.00$88,200.00$88,200.00$53,000.00$53,000.00$42,500.00$42,500.00900.62Specail Provision (Bypass Sewer Pumping)2EACH$1,500.00$3,000.00$2,187.42$4,374.85$900.00$1,800.00$2,290.00$4,580.00$2,000.00$4,000.00$2,960.00$5,920.00900.62Sanitary Sewer Service Connection2EACH$750.00$1,500.00$916.88$1,833.77$684.00$1,368.00$350.00$700.00$500.00$1,000.00$290.00$580.00900.62Sanitary Sewer Main Connection2EACH$1,000.00$2,000.00$1,824.94$3,649.88$2,186.00$4,372.00$3,360.00$6,720.00$500.00$1,000.00$950.00$1,900.00TOTAL BID Bid Informalities:1All Seasons Excavating: The calculated Total Base Bid price equals $180,034.00, not $181,084.00 as written in words and figures. $273,465.00AVG UNIT PRICE$218,879.68$219,486.61All Seasons Excavating $180,034.00SD IRELAND$197,237.50$171,069.00ITEM NO.ORMOND BUSHEY & SONS ECIUNITAPPROXIMATE QUANTITYITEM DESCRIPTIONENGINEER'S ESTIMATE
CITY OF SOUTH BURLINGTONWOODCREST DR STORMWATER PROJECTBID TABULATIONMarch 3, 2021Page 2 of 2UNITPRICETOTALCOSTUNITPRICETOTALCOSTUNITPRICETOTALCOSTUNITPRICETOTALCOSTUNITPRICETOTALCOST201.11Clearing and Grubbing0.1AC$45,000.00$4,500.00$42,305.00$4,230.50$31,900.00$3,190.00$40,000.00$4,000.00$23,165.60$2,316.56201.15Removing Medium Trees5EACH$300.00$1,500.00$1,023.00$5,115.00$670.00$3,350.00$1,950.00$9,750.00$1,010.35$5,051.75201.16Removing Large Trees0EACH$600.00$0.00$0.00$1,000.00$0.00$0.00$0.00$0.00$0.00203.28Excavation of Surfaces and Pavements60CY$20.00$1,200.00$36.50$2,190.00$35.00$2,100.00$54.00$3,240.00$15.78$946.80204.20Trench Excavation of Earth780CY$15.00$11,700.00$36.00$28,080.00$30.00$23,400.00$41.00$31,980.00$14.72$11,481.60301.25Subbase of crushed Gravel, Coarse Graded130CY$54.00$7,020.00$42.00$5,460.00$45.00$5,850.00$33.00$4,290.00$66.58$8,655.40301.26Subbase of crushed Gravel, Fine Graded130CY$64.00$8,320.00$42.00$5,460.00$45.00$5,850.00$33.00$4,290.00$66.58$8,655.40406.27Medium Duty Bituminous Concrete Pavement80TON$225.00$18,000.00$156.00$12,480.00$170.00$13,600.00$155.00$12,400.00$284.34$22,747.20601.2615" CPEP (SL)42LF$65.00$2,730.00$82.00$3,444.00$100.00$4,200.00$67.00$2,814.00$128.03$5,377.26601.2624" CPEP (SL)32LF$98.00$3,136.00$87.00$2,784.00$145.00$4,640.00$70.00$2,240.00$161.77$5,176.64604.20Precast Reinforced Concrete Catch Basin with Cast Iron Grate (5')1EACH$5,700.00$5,700.00$5,500.00$5,500.00$8,400.00$8,400.00$3,650.00$3,650.00$3,851.65$3,851.65604.21Precast Reinforced Concrete Manhole with Cast Iron Cover2EACH$4,400.00$8,800.00$4,200.00$8,400.00$6,900.00$13,800.00$3,750.00$7,500.00$6,218.70$12,437.40604.22Sanitary Sewer Manhole2EACH$3,800.00$7,600.00$4,200.00$8,400.00$6,500.00$13,000.00$4,200.00$8,400.00$4,347.33$8,694.66604.415Rehab of Manhole, Class II1.0EACH$800.00$800.00$1,230.00$1,230.00$1,900.00$1,900.00$4,500.00$4,500.00$2,492.06$2,492.06604.42Change Elevation of Sewer Manhole1EACH$750.00$750.00$620.00$620.00$1,750.00$1,750.00$1,800.00$1,800.00$5,289.40$5,289.40604.47Cast Iron Grate with Frame, Type D1EACH$700.00$700.00$1,170.00$1,170.00$500.00$500.00$750.00$750.00$800.00$800.00604.55Cast Iron Cover with Frame, Type B2EACH$700.00$1,400.00$1,170.00$2,340.00$500.00$1,000.00$750.00$1,500.00$800.00$1,600.00620.11Chain Link Fence435LF$10.00$4,350.00$10.50$4,567.50$5.00$2,175.00$16.00$6,960.00$10.53$4,580.55628.10House Connection1EACH$250.00$250.00$62.00$62.00$55.00$55.00$1,550.00$1,550.00$566.03$566.03628.35PVC Sewer Pipe (4")52LF$44.00$2,288.00$54.00$2,808.00$72.00$3,744.00$36.00$1,872.00$58.12$3,022.24628.35PVC Sewer Pipe (8")172LF$41.00$7,052.00$64.00$11,008.00$92.00$15,824.00$47.00$8,084.00$69.20$11,902.40629.54Crushed Stone Bedding30TON$33.00$990.00$50.00$1,500.00$21.00$630.00$62.00$1,860.00$36.90$1,107.00649.11Mobilization/Demobilization1LS$25,000.00$25,000.00$31,327.00$31,327.00$8,600.00$8,600.00$12,500.00$12,500.00$13,625.00$13,625.00649.31Traffic Control1LS$3,000.00$3,000.00$5,740.00$5,740.00$3,900.00$3,900.00$7,800.00$7,800.00$5,000.00$5,000.00649.51Geotextile for Road Bed Separator365SY$3.00$1,095.00$0.70$255.50$1.10$401.50$1.00$365.00$1.08$394.20651.29Geotextile Under Stone Fill0SY$3.00$0.00$0.00$1.50$0.00$0.00$0.00$0.00$0.00651.35Mulch0.5TON$1,000.00$500.00$1,500.00$750.00$650.00$325.00$500.00$250.00$4,357.00$2,178.50651.35Topsoil50CY$61.00$3,050.00$60.00$3,000.00$61.00$3,050.00$55.00$2,750.00$53.82$2,691.00651.15Seed15LB$7.00$105.00$19.00$285.00$18.00$270.00$5.00$75.00$18.80$282.00653.20Temporary Erosion Control Matting430SY$4.00$1,720.00$1.00$430.00$2.35$1,010.50$1.50$645.00$1.37$589.10653.41Inlet Protection Type II2EACH$80.00$160.00$575.00$1,150.00$170.00$340.00$200.00$400.00$68.93$137.86653.45Filter Bag1EACH$250.00$250.00$64.00$64.00$170.00$170.00$250.00$250.00$80.69$80.69653.48Temporary Silt Fence260LF$6.00$1,560.00$4.50$1,170.00$4.60$1,196.00$4.00$1,040.00$4.76$1,237.60653.55Project Demarcation Fence450LF$2.00$900.00$1.00$450.00$2.50$1,125.00$1.00$450.00$0.54$243.00656.20Evergreen Trees5EACH$385.00$1,925.00$900.00$4,500.00$740.00$3,700.00$650.00$3,250.00$1,050.00$5,250.00656.30Deciduous Trees3EACH$660.00$1,980.00$950.00$2,850.00$1,145.00$3,435.00$1,000.00$3,000.00$936.00$2,808.00900.62Structure Demolition2EACH$3,200.00$6,400.00$400.00$800.00$1,710.00$3,420.00$625.00$1,250.00$2,274.80$4,549.60900.62Outside Drop Sanitary Sewer Manhole1EACH$6,700.00$6,700.00$7,500.00$7,500.00$11,160.00$11,160.00$5,000.00$5,000.00$2,765.44$2,765.44900.62Trench Baffle1EACH$300.00$300.00$88.00$88.00$965.00$965.00$325.00$325.00$726.50$726.50900.62Storm Chamber System1EACH$44,000.00$44,000.00$55,000.00$55,000.00$66,728.00$66,728.00$33,500.00$33,500.00$59,341.17$59,341.17900.62Specail Provision (Bypass Sewer Pumping)2EACH$2,000.00$4,000.00$2,500.00$5,000.00$1,475.00$2,950.00$2,800.00$5,600.00$2,761.81$5,523.62900.62Sanitary Sewer Service Connection2EACH$1,500.00$3,000.00$280.00$560.00$1,390.00$2,780.00$1,500.00$3,000.00$1,757.95$3,515.90900.62Sanitary Sewer Main Connection2EACH$2,500.00$5,000.00$2,400.00$4,800.00$1,395.00$2,790.00$1,400.00$2,800.00$1,733.45$3,466.90TOTAL BIDBid Informalities:2J Hutchins: Bid Item 651.15 - Seed, the calculated total price for the bid item is $285.00 rather than $304.00 as written. This bid informality revises the Total Bid from $242,587.50 to $242,568.50. 3J Hutchins: Bid Item 604.47 - Cast Iron Grate with Frame, Type D, the calculated total price for the bid item is $1,170.00 rather than $1,70.00 as written. This bid informality does not impact the Total Bid. 4J Hutchins: Bid Items 201.16 - Removing Large Trees and 651.29 - Geotextile Under Stone Fill were bid with no unit price. Contractors were requested to provide a unit price on bid items where the quantitiy was reduced to zero as part of Addendum No. 1. 5Munson Earth Moving: Bid Items 201.16 - Removing Large Trees and 651.29 - Geotextile Under Stone Fill were bid with a unit price of $0.00. Contractors were requested to provide a unit price on bid items where the quantitiy was reduced to zero as part of Addendum No. 1. 6Parker Excavation: Bid Item 651.35 - Topsoil, the calculated total price for the bid item is $2,691.00 rather than $2,891.00 as written. This bid informality, coupled with another bid informality identified below, revises the Total Bid from $240,358.08 to $241,158.08.7Parker Excavation: The Total Bid was miscalculated with an error of $1,000. Total Base Bid should be $241,158.08 rather than $240,358.08 as written in bid. This bid informality, coupled with another bid informality identified above, revises the Total Bid from $240,358.08 to $241,158.08.8Parker Excavation: Bid Items 201.16 - Removing Large Trees and 651.29 - Geotextile Under Stone Fill were bid with a unit price of $0.00. Contractors were requested to provide a unit price on bid items where the quantitiy was reduced to zero as part of Addendum No. 1. Notes:The information tabulated above accurately reflects bids received by the City of South Burlington, VT on March 3, 2021.MUNSON EARTH MOVING Parker Excavation$207,680.00 $241,158.08ITEM NO. ITEM DESCRIPTIONAPPROXIMATE QUANTITY UNITCOURTLAND CONSTRUCTION CORP.$247,274.00Desroches Construction Services J HUTCHINS INC$209,431.00 $242,568.50
575 Dorset Street South Burlington, VT 05403 tel 802.846.4131 fax 802.846.4101 www.sburl.com
MEMORANDUM
TO: South Burlington City Council
Kevin Dorn, City Manager
FROM: Paul Conner, AICP, Director of Planning & Zoning
SUBJECT: Public Hearing Interim Zoning Application #IZ-21-01 (1720/1730 Spear Street)
DATE: March 15, 2021 City Council meeting
Alan Long is proposing development on two existing lots totaling 39.21 acres. The development consists
of removal of the two existing homes and construction of up to 49 dwelling units in a combination of
single family, two family and small multi-family buildings in a development area of approximately 17
acres and a conservation area of approximately 22 acres. The proposed project also includes civic/park
spaces within the proposed neighborhood and roadway/recreation paths that connect with South
Village (south) and South Pointe (north) as envisioned on the City’s Official Map.
The application is subject to Interim Zoning because it involves subdivision of land, a new Planned Unit
Development (PUD), and new principal building submitted after October 25, 2018 in an area not
exempted from the Interim Zoning bylaw.
In a prior Interim Zoning PUD application, the Council inquired about the size / scale that would be likely
be subject to the future regulations being developed. The Planning Commission noted at the time that
four (4) acres would likely be the threshold for projects to be reviewed under one of the planned PUD
Types under the future regulations. Natural resources standards would apply to most development
proposals involving more than a single or two-family home, as well as some below that threshold.
The applicant has met with staff to discuss the future regulations and has prepared the plans to move in
that direction. The applicant has provided a letter to the Council and will provide a presentation.
The project is subject to review by the Development Review Board under the Regulations in effect at the
time of their preliminary plat submittal. They have thus far submitted an initial Sketch Plan application,
which will be heard by the DRB next month.
Enclosed with this packet are:
•Applicant Sketch Plan cover letter for the DRB [which is provided to Council as it provides an
overview of the project itself]
•Applicant Interim Zoning cover letter, addressing the Interim Bylaw
•Existing Conditions and Proposed Project Sketch Plans
Staff recommends the Council open the public hearing, receive testimony from the applicant, pose
questions, and offer an opportunity for the public to provide input. Afterwards, the Council may:
1.Close the public hearing. In closing the hearing, the Council must issue a written decision within
45 days and can decide whether to hold a deliberative session to discuss and provide staff
2
direction on preparing the decision. A reminder that no additional testimony from the applicant
or others can be received following closure of the hearing.
2.Continue the public hearing to a specific date to receive additional testimony from the applicant
or other Interested Persons, obtain any additional information or analysis requested of staff, the
Planning Commission, or others, or review any modifications made by the applicant (if
applicable).
43 Great Road
Bedford, MA 01730
February 12, 2021
Marla Keene, Development Review Coordinator
Department of Planning and Zoning
City of South Burlington
575 Dorset Street
South Burlington, VT 05403
Dear Ms. Keene,
Please accept this letter and accompanying documents as our application for approval of the
attached sketch plan for development of our properties at 1720 and 1730 Spear Street. We
have worked with O’Leary Burke Civil Associates and with the Planning and Zoning staff to
arrive at this first stage in the permitting process.
This letter addresses the issues required by the City of South Burlington Land Development
Regulations (Appendix E: Submission Requirements), as follows: A) a narrative description of
the project, B) demonstration of compliance with applicable review standards, C) a list of
submission elements, and D) changes from previous submittals. A completed Zoning Permit
Application with the requisite fee has also been submitted.
A.Project Narrative and Description
We propose a new Traditional Neighborhood Planned Unit Development (PUD) on a 39.2-acre
parcel that combines our existing residential properties at 1720 Spear Street (34.35 acres) and
1730 Spear Street (4.86 acres). The two existing single-family houses, both currently vacant,
will be removed to accommodate the development. New housing is proposed only for the
western (zoned NR, Neighborhood Residential) portion of the combined parcel – the eastern
portion extends into the Great Swamp and has been conserved since 2006 under the City’s
Natural Resource Preservation (NRP) statute. The project will be consistent in look and feel
with the adjacent existing developments, South Pointe to the north and South Village to the
south.
As shown on the attached sketch plan, the new development will comprise forty-nine (49) units
and a mixture of housing types: six (6) single-family homes, twenty-one (21) carriage homes, six
(6) duplex units, and sixteen (16) multi-family units. This mix of typologies is consistent with the
City’s goal of creating diverse neighborhoods and will provide new residents with a range of
sizes and price points. Also, we intend to include five (5) units of affordable housing, which will
help to address the “missing middle” problem stressed by the IZ Affordable Housing Committee
in its recent meetings.
More than half of the combined properties, approximately twenty-two (22) of the 39.2 acres,
are conserved under the current NRP zoning, leaving approximately seventeen (17) acres
available for development. Our plan calculates housing densities based on that NR/NRP
breakdown, and it also conforms to the requirements of the new Land Development
Regulations as currently drafted.
New roadways will consist principally of a curved central road through the center of the
development and a long-anticipated connection between South Pointe and South Village at the
top of the ridge parallel to Spear Street. In addition, a short loop connecting these two new
roads will provide access to the multi-family units on the south edge of the property, and
another loop will connect to the single-family homes on the western edge of the project. The
central road will branch off South Pointe Drive to avoid an additional curb cut onto Spear
Street; in fact, there will be a net loss of two curb cuts onto Spear, since each of the existing
houses has its own driveway at present. All proposed roadways will be constructed with 50-
foot rights-of-way, and the central road will have on-street visitor parking and a sidewalk along
its western/southern edge.
The Long family has always promoted access to its fields and woods – we have maintained
hiking and cross-country skiing trails on the 1720 Spear property for decades. The proposed
development preserves access to these natural assets, maintaining connections to the Great
Swamp and the conserved eastern portions of South Village, South Pointe, and the City’s
Underwood property. The project also creates a strip of parkland along its northern edge,
adjacent to South Pointe, and a central neighborhood park that can be enjoyed by all residents.
A walking path will be provided through the long strip of parkland, and the gap between
carriage homes on the eastern edge of the development will connect that path with the NRP
zones to the east, including the Great Swamp. As was established previously for the adjacent
South Pointe development, we will grant easements to the City to allow pedestrian access
through our development to the forested area on the far eastern end of the property. In
addition, a connection will be provided to a South Village recreation path that parallels the
property boundary near the western end of the proposed multi-family units.
B.Compliance with Applicable Review Standards
The base density formula for the property would allow us to build forty-seven (39.2 X 1.2 = 47)
dwelling units. The maximum density formula allows as many as sixty-nine (17.4 X 4 = 69) units
on the developable acreage, but sixty-nine units would be too crowded for our vision of the
new neighborhood. We intend to include five (5) units of affordable housing (two (2) multi-
family, two (2) duplex, and one (1) carriage home), and we are requesting an allowance for an
additional two (2) units over the base density via an affordable housing bonus, to avoid the
purchase of TDRs. As part of a Mixed Rate Housing Development as defined in Section 18.02
C(2) of the current LDRs, a 14% density bonus could add as many as six (6) units, for a total of
fifty-three (53), i.e. four more units than we plan to build.
Our understanding is that the new LDRs proposed by the Planning Commission will use an
alternative methodology based on “building type,” and we have been advised by Planning and
Zoning that the number of units and the diversity of housing types we are proposing is
consistent with the new standards for TND PUDs.
Mains for water, sewer, electricity, and natural gas already extend along Spear Street and into
both South Pointe and South Village, and our infill development will require only a minimal
expansion of those utilities.
There is an area of wetland in the NRP area on the property that may encroach at the southeast
corner of the proposed development. This wetland area will be certified in the spring of 2021,
and a storm water treatment area will be installed in that corner, just beyond the road
connection to South Village. An additional storm water treatment basin will be installed
adjacent to Spear Street at the northwest corner of the property. This basin and the back yards
of the single-family homes at the southwest corner will provide a buffer between the
development and the traffic on Spear Street. Any wetland areas adjacent to developed land
will be delineated appropriately, e.g. by stylistically appropriate fencing.
C.Submission Elements
a.Complete Subdivision Sketch Plan Application Form
b.Complete Interim Zoning Plan Review Application
c.Cover letter and narrative (this document)
d.List of abutting landowners with addresses
e.Plan set:
i.Existing conditions
ii.Sketch site plan
D.Changes from Previous Submittals
There have been no previous submissions of this proposal.
Please feel free to contact me with any additional questions.
Sincerely,
Alan Long (on behalf of the Long Family)
Alanklong56@gmail.com
(781) 521-5429
43 Great Road
Bedford, MA 01730
February 12, 2021
Paul Conner, Director
Department of Planning and Zoning
City of South Burlington
575 Dorset Street
South Burlington, VT 05403
Dear Mr. Conner,
In conjunction with our sketch plan application to the Development Review Board, I write in
response to the City Council’s requirement for a separate letter detailing the ways in which our
proposed development at 1720/1730 Spear Street complies with the objectives of the Interim
Zoning (IZ) Bylaw enacted in November, 2018 and subsequently extended. The main stated
objective of IZ is to maintain “a balance among our natural open spaces and our developed,
residential and commercial spaces….” Our proposed development addresses both the need to
conserve natural environments and the desire to add housing in the City.
A)How is the proposed project consistent with the health, safety, and welfare of the City
of South Burlington in consideration of the stated purposes of the Interim Bylaws?
We do not believe that our project poses any threat to the health or safety of the City. The
City’s welfare, though, will be enhanced in several ways – tax revenue will increase, housing
stock will expand, permanently conserved acreage will increase, and recreational opportunities
will improve.
The need for additional housing in South Burlington has been made clear by the ad hoc Housing
Space Working Group, whose study “The Case for Housing” was presented to the City Council in
August, 2020, and by the continuing efforts of the IZ Affordable Housing Committee. The
Planning Commission’s work on Planned Unit Developments during Interim Zoning should have
a major impact as well – requiring a range of building types in Traditional Neighborhood
Developments can only help to foster the income, lifestyle, and age-related diversity we all
agree the City needs. We intend to provide five (5) units of affordable housing as part of our
project, across a variety of building types.
On the conservation front, the back (eastern) portion of our property is part of a conserved (via
the 2006 Natural Resource Protection zoning statute) swath of land that extends from the City’s
Underwood property in the north through the eastern portions of the South Pointe
development, our land, and the South Village development in the south. Parts of this swath
comprise the western edge of the Great Swamp, identified in the IZ Open Space Committee’s
study as the #1 priority for conservation in the City. Conserving the Great Swamp and its
adjacent fields and forest blocks is certainly one of the best achievements of the City’s zoning
efforts in the past twenty years, and our family is happy to have been able to contribute to that
conservation.
An environmental assessment we commissioned in the summer of 2020 found a healthy
diversity of flora and fauna in the forested and wetland areas in the eastern portion of our
property, as also assumed in the Arrowwood study of 2019. Conservation of these habitats is
consistent with both the City’s mandates and our own desire to preserve the wild and natural
features of the property that we have cherished for the seventy (70) years of our ownership.
Our plan also preserves a copse of trees at the top of the ridge adjacent to the southeast corner
of the South Pointe development by including it in a conserved strip along South Pointe Drive.
The residents of South Pointe value having this patch of “non-core forest” in their back yards,
and we are happy to conserve it as well as the much larger eastern swath of fields and woods
connecting to the Great Swamp.
Our family has maintained hiking and cross-country skiing trails on our property for decades.
The proposed project will connect walking paths in the new development with trails that access
the fields and woods adjacent to and into the Great Swamp. Those same trails will of course be
available for bird-watchers and wild-animal lovers as well. Easements will be granted to the
City to provide public access through the development to the fields and forests in the eastern
portion of the property.
B)How is the proposed project consistent with studies being conducted, draft bylaws or
bylaw amendments, and/or any draft comprehensive plan or comprehensive plan
amendments under consideration?
As landowners whose development plans could be affected directly by changes to the Land
Development Regulations, we have participated actively in the deliberations of the Planning
Commission over the past year. To the best of our knowledge, our project is consistent with all
of the draft changes to the LDRs currently under consideration.
C)What is the project’s relationship to or effect upon each of the following?
(i)The capacity of existing or planned community facilities, services, or lands
Our proposal is for an infill development between South Pointe and South Village, and we will
connect to existing utility mains for natural gas, water, sewer, and electricity in the most
efficient ways possible.
(ii)The existing patterns and uses of development in the area
The adjacent developments on Spear Street are emblematic of the City’s commitment to
expand its housing stock in a fashion that enhances diversity, inclusivity, and affordability in a
tasteful manner. South Pointe and South Village, with their mixtures of housing types and their
commitment to preservation of open space, stand in contrast to the high-end single-family
homes farther north on Spear Street. It is in that context that development of 1720/1730 Spear
in the manner we’re proposing fits perfectly with the City’s goals – the eastern portion remains
conserved (in fact, the PC intends to preserve even more acreage on our property than was
protected under the 2006 NRP boundaries), and the western portion is consistent with the
adjacent developments in South Pointe and South Village.
(iii)Environmental limitations of the site or area and significant natural resource
areas and sites
The eastern portion of our property consists of core forest and Class 2 wetlands, correctly
identified as significant habitat blocks in the Arrowwood study. There is an additional non-core
forest block at the top of the ridge parallel to Spear Street, adjacent to the South Pointe
development, that we also intend to conserve.
(iv)Municipal plans and other municipal bylaws, ordinances, or regulations in effect
As mentioned previously, the project has been designed to conform to both current and
proposed zoning regulations. All infrastructure and housing will be constructed to City
standards.
In summary, our project provides an excellent example of the balance sought by the Interim
Zoning Bylaw, fulfilling several of the City’s priorities: the desire to conserve large portions of
the Southeast Quadrant for animal habitats, recreational uses, and the diminishing “rural feel”
of the City; the need for additional housing, particularly inclusive housing; and the need to
allow landowners to develop their property in accordance with current zoning and other City
regulations.
I am of course happy to provide any additional information that may be required.
Sincerely,
Alan Long (on behalf of the Long family)
Alanklong56@gmail.com
781-521-5429
C:\_PROJECTS\2020-27\VT_44552143_20180422.jp2C:\_PROJECTS\2020-27\VT_44462143_20180422.jp21"=100'PJOBWCBWCOBCA2020-27S32-12-21Existing ConditionsSouth Burlington Vermont1720 & 1730 Spear StreetCIVIL ASSOCIATES, PLCO'LEARY-BURKE ESSEX JCT., VTPHONE: 878-9990FAX: 878-9989E-MAIL: obca@olearyburke.com13 CORPORATE DRIVELocation MapScale: 1" = 1000'Nowland Farm DriveProject SiteOwnerAlan Long43 Great Road, Bedford, MA 017301Spear Str
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ASSUMED WETLAND DELINEATIONPARCEL ID:0384-00109SMSDC LLCPARCEL ID:1219-00349SMSDC LLCPARCEL ID: 1640-01840SOUTH VILLAGECOMMUNITIES LLCPARCEL ID: 1640-01690NANCY BELISLE LIFE ESTATEPARCEL ID: 1330-00002SKIP FARRELLPARCEL ID: 1640-01725PAUL & JOANNE TRAVERSPARCEL ID: 1640-01741BRENT & JILL COOMBSPARCEL ID: 1640-01751JENNIFER RANDPARCEL ID: 1640-01755DAVID & CATHERINE CONEPARCEL ID: 0570-01455NOWLAND FARM PRESERVE LLCPARCEL ID: 0570-01505DORSET MEADOWSASSOCIATES LLCABCDEFGLMHIJKSOUTH POINTEHOMEOWNERSASSOCIATION, INC.NO1741-00148MICHAEL & BONNIE MCINERNEYABCDEFGHIJK1628-00128MARIA DE CASTRO TRUST1628-00140MARY WARD REVOCABLE TRUST1628-001501628-001561628-001701628-001801628-001891628-001921741-000151741-00028CHRISTOPHER CARPENTER TRUSTJOHN NEUHAUSERHERMAN & HOLLY WIEGMANCHRISTOPHER & HELEN MCCABERODERICK SHEDDKOOROSH & KATARINA KHOSRAVIMARGARET BALDWINVIRGINIA SCHMIDT TRUSTL1383-00039LARRY & LINDA WILLIAMSM1383-00055CHRISTOPHER ACKERMANN1219-00356JOHN GIEBINK TRUSTO1219-00362JOHN GIEBINK TRUSTAbutters KeyPARCEL IDPROPERTY OWNERSOUTH POINTEHOMEOWNERSASSOCIATION, INC.PARCEL ID: 1640-01840SOUTH VILLAGECOMMUNITIES LLCPARCEL ID:4000-00000-007THE FARM AT SOUTHVILLAGE INC.NOTES:1.THE PLANS SHOULD NOT BE USED FOR PROPERTY CONVEYANCE2.THE ORTHO PHOTO WAS TAKEN IN 2018 BY VCGI3.THE EXISTING CONTOURS ARE BASED OFF 2004 LIDAR DATASpear Street
Churchill StN. Jefferson RdSouth Pointe DrUpswept LnPARCEL ID: 1640-01730PARCEL ID: 1640-01720
575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com
MEMORANDUM
TO: South Burlington City Council Kevin Dorn, City Manager FROM: Amanda S. E. Lafferty, Deputy City Attorney SUBJECT: Consider warning a public hearing to extend the Interim Bylaws FOR: City Council meeting on March 15, 2021
The City Council adopted the Interim Bylaws (“Bylaws”) on November 13, 2018, and
initially limited them to nine months in duration. Thereafter, as allowed by State
law and the Bylaws, the Council has extended the Bylaws so that they have
remained in effect at all times since November 13, 2018.
State law requires that the Bylaws be limited in duration to two years from the date
they become effective, but permits the Council to extend the Bylaws for an
additional one-year period. See 24 V.S.A. § 4415(a), (f). On November 2, 2020, the
City Council extended the duration of the Bylaws for the six-month period ending
May 13, 2021. The Council may extend the Bylaws beyond May 13, 2021, but not
beyond November 13, 2021.
If the Council wants to consider extending the Bylaws beyond May 13, 2021, the
Council must warn and hold a public hearing for that purpose no later than May 13,
2021. The last two regular meetings of the Council that will take place before May
13, 2021, are:
April 19, 2021, in which case the warning must be published no later than the
Thursday, April 1 edition of The Other Paper. If the Council holds the public
hearing on April 19, the Council could consider taking action to extend the Interim
Bylaws at that meeting or could hold off until the May 3, regular meeting.
May 3, 2021, in which case the warning must be published no later than the
Thursday, April 15 edition of The Other Paper. If the Council holds the public
hearing on May 3, 2021, it must take action to extend the Interim Bylaws at that
meeting (unless the Council holds a special meeting after May 3 and on or before
May 13) in order to avoid the expiration of the Interim Bylaws on May 13, 2021.
Warning – Public Hearing __________________, 2021
PLEASE take notice that the South Burlington City Council will hold a public hearing on Monday, ______________ ____, 2021, at 7:30 PM via electronic meeting (see www.sbvt.gov for link to the meeting) to consider extending the Interim Bylaws for a time period not to extend beyond November 13, 2021. The purpose of the Interim Bylaws would continue to be to prohibit certain development, including new principal buildings or planned unit developments, while the City undertakes and completes certain analyses and studies, reviews the results of those studies and determines if any amendments to the Land Development Regulations are appropriate to implement the City’s goals and objectives and to regulate land development in conformance with the Comprehensive Plan.
If extended in duration, the Interim Bylaws will continue to affect all lands in the Districts and/or Sub-Districts established and listed in Article 3.01(A)(1)-(4) of the South Burlington Land Development Regulations except: A.To the extent those Districts underly the Transit Overlay District, as depicted on theOfficial Zoning Map and the Overlay Districts maps, and including those lands notunderlying the Transit Overlay District which are located immediately northerly ofInterstate 89 in the Residential 1, Residential 7 and Residential 12 Districts,B.The Airport and Airport Industrial Districts,C.The lands in the Mixed Industrial & Commercial District that are located generallynortherly of the Airport District and accessed by Berard Drive, Airport Parkway andLime Kiln Road,D.The lands in the Mixed Industrial & Commercial District that are within the EthanAllen Farms Industrial Park, which for the purposes of the Interim Bylaws includes thelands accessed by Shamrock Road, Lime Rock Road, Ethan Allen Drive, and CommerceAvenue and which are westerly of the easterly leg of Commerce Avenue,E.The lands in the Residential 4 District that are accessed by Lime Kiln Road,F.The lands in the Industrial & Open Space District that are within the MeadowlandBusiness Park located on the easterly side of Hinesburg Road and immediately southerlyof Interstate 89,G.Lands in the Southeast Quadrant-Natural Resource Protection Sub-District comprised ofapproximately 67 acres located on the southerly side of Cheesefactory Road and on thewesterly side of Vermont Route 116, and comprised of approximately 194 acres locatedsoutherly of Van Sicklen Road on the easterly side of Vermont Route 116, andH.Lands comprised of approximately 132 acres, portions of which are in the SoutheastQuadrant-Natural Resource Protection Sub-District, and portions of which are in theSoutheast Quadrant-Neighborhood Residential Sub-District, located on the westerly sideof Vermont Route 116 and on the northerly side of Cheesefactory Road.
The following is the list of section headings in the Interim Bylaws proposed for extension:
I.PurposeII.Lands to which the Interim Bylaws ApplyIII.DefinitionsIV.Limitations on Land DevelopmentV. Review of Applications
VI.Enactment and Duration, Effect on Existing Law, Separability
Copies of the Interim Bylaws proposed for extension are available for inspection on the City website at www.southburlingtonvt.gov
A RESOLUTION TO CONVEY TO A THIRD PARTY A CONSERVATION EASEMENT ON THE WHEELER NATURE
PARK
WHEREAS, on December 6, 2011 the voters of the City of South Burlington voted to approve the
proposed settlement and land swap agreement “the JAM DECISION Settlement Agreement of August 18,
2015” between the City of South Burlington and the Highlands Development Company LLC as specified
in Article III of the December 6, 2011 Ballot which is attached hereto as Exhibit #1 and made part this
resolution, and
WHEREAS, the South Burlington City Council and Highlands Development Company LLC have concluded
the said settlement and land swap agreement.
NOW, THEREFORE BE IT RESOLVED, that the South Burlington City Council shall forthwith convey to a
third party, a conservation easement on the entire Wheeler Nature Park including on 21.27 acres of
land, “the JAM Parcel” also identified as the “Wheeler Park Connection Parcel” and on any future
additions of land to the Wheeler Nature Park.
BE IT FURTHER RESOLVED, that the South Burlington City Council shall complete the conveyance of this
conservation easement within six (6) months from the date of this resolution.
Approved this _____ day of ____________, 2021
_____________________________ _____________________________
Helen Riehle, Chair Meaghan Emery, Vice Chair
_____________________________ _____________________________
Tim Barritt, Clerk Tom Chittenden
_____________________________
Matt Cota