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HomeMy WebLinkAboutAgenda - City Council - 10/18/2021AGENDA SOUTH BURLINGTON CITY COUNCIL South Burlington City Hall 180 Market Street SOUTH BURLINGTON, VERMONT Participation Options In Person: 180 Market Street - Auditorium - Main Floor Electronically: Please join my meeting from your computer, tablet or smartphone. https://www.gotomeet.me/SouthBurlingtonVT/city-council-meeting10-18-2021 You can also dial in using your phone. United States: +1 (571) 317-3122 Access Code: 486-774-133 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/486774133 Regular Session 6:30 P.M. Monday, October 18, 2021 1.Pledge of Allegiance (6:30 PM) 2.Instructions on exiting building in case of emergency and review of technology options – Jessie Baker, City Manager (6:31 – 6:32 PM) 3.Agenda Review: Additions, deletions or changes in order of agenda items (6:33 – 6:34 PM) 4.Comments and questions from the public not related to the agenda (6:35 – 6:45 PM) 5.Announcements and City Manager’s Report (6:45 – 6:55 PM) 6.Consent Agenda: (6:55 – 7:00 PM) A.*** Consider and Sign Disbursements B.*** Approve minutes from September 20, 2021 CC MeetingC.*** Receive All Hazards Mitigation Plan UpdateD.*** Approve an agreement with the Howard Center to Develop and Operate theCommunity Outreach Program through June 30, 2027.E.*** Approve request to apply for a FY22 Municipal Planning Grant to support theClimate Action Plan development 7.*** Approve appointment to the Climate Action Plan Task Force from the Bike andPedestrian Committee – Jessie Baker, City Manager (7:00 – 7:10 PM) 8.*** Discuss next steps related to an indoor Recreation Center and provide direction to staff –Ilona Blanchard, Community Development Director (7:10 – 7:40 PM) 9.*** Review the draft Tax Increment Financing District TIF Substantial Change request andconsider setting a Public Hearing date of November 15, 2021 at 7:00 PM – Ilona Blanchard,Community Development Director (7:40 – 8:00 PM) 10.*** Review application for a Solar Field at Spear Street and provide direction – Colin McNeil, City Attorney (8:00 – 8:20 PM) 11.*** Approve a Temporary License Agreement with School District for 577 Dorset St in anticipation of a permanent Lease Agreement with an Option to Purchase – Colin McNeil,City Attorney (8:20 – 8:40 PM) 12.Reports from Councilors on Committee assignments (8:40 – 8:50 PM) 13.Other Business (8:50 – 8:55 PM) 14. Adjourn (8:55 PM) Respectfully Submitted: Jessie Baker City Manager *** Attachments Included CITY COUNCIL 20 SEPTEMBER 2021 The South Burlington City Council held a regular meeting on Monday, 20 September 2021, at 6:30 p.m., in the Auditorium, City Hall, 180 Market Street, and by Go to Meeting remote participation. MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, T. Chittenden, M. Cota ALSO PRESENT: J. Baker, City Manager; A. Bolduc, Deputy City Manager; D. Kinville, City Clerk; M. Machar, Finance Officer; I. Blanchard, Community Development Director; P. Taylor, B. Sirvis, S. Mathias, B. & S. Milizia, R. Greco, M. Mittag, Wayne, J. Bellevance 1.Instructions on exiting building in case of emergency: Ms. Baker provides instructions on exiting the building in case of an emergency. 2.Additions, deletions or changes in the order of Agenda items: Ms. Baker asked to add 6B to the Consent Agenda, an agreement with the Skating Association and TD Bank. 3.Comments and questions from the public not related to the agenda: Ms. Mathias spoke to requiring Net Zero energy/construction for all new buildings. She felt that building footprints could be reduced and that, along with annual savings, could pay for the costs of net zero construction. She also felt that sidewalks should be required only on one side of the street, and that bike paths should be paved with impermeable surfaces. Ms. Sirvis cited the “amazing” efforts of City Assessor Martha Lyons during the assessment appeal process. She noted that with Ms. Lyons’ help in getting inaccuracies removed from the lister’s card, she was able to take her name off the appeal schedule. Ms. Greco noted Burlington’s efforts to phase out gas-powered lawn equipment and encouraged South Burlington to do the same. Mr. Milizia praised the efforts of Katie O’Brien-Barritt and her crew in creating public art, especially the new mural. CITY COUNCIL 20 SEPTEMBER 2021 PAGE 2 4.Announcements and City Manager’s Report: Members reported on meetings and events they had attended. Ms. Emery asked that the Council review the Tree Ordinance, specifically with regard to pruning on public and private land. Ms. Baker: COVID monitoring continues, and people are still encouraged to wear masks in City Hall. There were 22 new South Burlington cases last week. Systems are being prepared to require vaccinations for city staff. 30 October has been set for the City Council retreat. 3 new Firefighters were welcomed today, 2 of whom have firefighting/EMT experience. This brings the number of Firefighters up to the budgeted 29. A traffic monitoring trailer has been installed on Market St. And “Pedestrian Crossing” signs have been ordered. There will be a community hike at the Hubbard Natural Area on Saturday at 9 a.m. There will also be a virtual planning session for that Area on 23 September, 5:30 p.m. The Kimball Ave. bridge work is on schedule. There will be an update at the next Council meeting. Sen. Chittenden noted that the areas around Exit 14 and 189 are very overgrown and could use some attention. 5.Consent Agenda: a.Approve and Sign Disbursements b.Approve agreement between the Skating Association and TD Bank to allow financing for the completed project. Mr. Barritt moved to approve the Consent Agenda as presented. Mr. Cota seconded. Motion passed unanimously. CITY COUNCIL 20 SEPTEMBER 2021 PAGE 3 6.Receive Update from Attorney General’s Office on Current Opioid Settlement Discussions: Mr. Diamond noted that 157 Vermont lives were lost to opioid abuse in 2020. He stressed that no amount of money can replace a lost loved one. Mr. Diamond cited the efforts of the Attorney General’s Office to hold responsible distributors and others behind the misuse of opioids. The settlement was on a national level and provides for relief even for those who did not sue. $21,000,000,000 will be shared among the states. Vermont will receive $53,000,000 over a period of 18 years. This amount is based on the number of opioid deaths, the amount of opioids brought into the state, and other contributing factors. The J & J settlement is for $5,000,000,000 on a national level with Vermont receiving $12,265,000 over a 10-year period. 15% of the amount received by Vermont will go to the general fund. 15% will go to cities and towns with more than 10,000 population. 70% will go to the State Abatement Fund and will be made available for abatement purposes (e.g., treatment, prevention education, etc.). The Attorney General’s Office is asking the city to approve the settlement (each community with over 10,000 population is being asked to do this). This will insure the maximum payments coming through. Approvals are needed by 2 January 2022. The approvals will be presented to the distributors and to J & J who will then decide whether to go through with the payments. J & J requires a signoff. If all the communities can be gotten on board, payments can be expedited in the first 90 days. On or about 24 September, the National Administrator will be sending to the City Manager and City Council Chair a notice of settlement as well as instructions as to how to sign off on that notice. As part of the settlement, distributors will be required to track “suspicious orders.” J & J will no longer market opioid drugs, though they will continue to sell them. Mr. Barritt asked about the probability of all the money being paid over the years. He felt this could be a “slippery” situation. Mr. Diamond said this was a collective afford by all the states CITY COUNCIL 20 SEPTEMBER 2021 PAGE 4 and many jurisdictions. If the companies have financial hardship, they could withhold payments and pay on the back end. They can also prepay and be subject to a discount rate. Mr. Cota asked who determines the legality of how the money is spent. He suggested that the money might be better spent collectively among communities and asked if there is a prohibition of that. Mr. Diamond said a State agency will require evidence of how the money will be spent before the money is given. There is no prohibition against a collective effort among communities. Ms. Riehle was concerned that insurance companies are not being educated in this process. She noted that her husband is having surgery and was told he had to take an opioid. He will need it for 4 days, but the insurance company is requiring them to purchase a 7-day supply. Ms. Riehle said she was told that over more days, there is less chance of addiction. Mr. Diamond said he wasn’t aware of that, and there may be room for “creativity” in education. Mr. Barritt noted that some insurance companies will fight people even those with valid prescriptions. So there are 2 sides to that story. 7.Interview and consider appointment of Sextons: The Council interviewed incumbent Sextons Donna Kinville and Peter Taylor for reappointment. Following the interviews, Sen. Chittenden moved to appoint Ms. Kinville and Mr. Taylor as Sextons. Mr. Barritt seconded. Motion passed unanimously. 8.Approve Appointments to the Common Areas for Dogs Committee: Ms. Baker reviewed the history. She noted that Mike Simoneau has been added to the list as the representative from the Recreation & Parks Committee. Ms. Emery moved to approve the appointments to the Common Areas for Dogs Committee as presented. Sen. Chittenden seconded. Motion passed unanimously. 9.Approve appointments to the Climate Action Plan Task Force: Ms. Baker reviewed the history. She noted that the Economic Development Committee will be making its recommendation at its next meeting. A City Council member is also needed. Ms. CITY COUNCIL 20 SEPTEMBER 2021 PAGE 5 Riehle volunteered to serve as City Council liaison. Ms. Emery moved to appoint the 7 committee members and Ms. Riehle as City Council liaison. Sen. Chittenden seconded. Motion passed unanimously. 10.Consider letter drafted for Open Space Plan property owners on possibility for future conservation: Ms. Baker advised that the letter was created in conjunction with the City Attorney. Sen. Chittenden questioned whether in the opening statement “high priority for conservation” is OK. Mr. Cota suggested amending that portion to read: “…some or all of your property was identified as high priority for conservation.” He felt that made the opening “softer.” Ms. Greco questioned the sub-bullet which asks if the property owner is interested “in selling your property for other priorities of the city.” Ms. Emery said there could be affordable housing on the part of the parcel without natural resources. Ms. Emery moved to approve the letter with Mr. Cota’s language amendment. Sen. Chittenden seconded. Motion passed unanimously. 11.Receive a report on the FY21 year-end financials: and 12.Establish Special Contingency Fund for Health Care Costs and approve a fund balance transfer from FY21 funds to this fund: Mr. Bolduc noted the city is closing out FY21, a year of uncertainty. He noted the precautions taken by the previous administration which has resulted in a surplus at year-end. Mr. Bolduc then enumerated the major factors impacting the FY21 budget as follows: a.A $384,000 deficit in the anticipated rooms & Meal local option tax b.A slight increase in anticipated receipts from the local option Sales Tax c.Decrease in ambulance billing d.Decreased revenue from special events e.A decrease in investment interest from 1.2% to .2% f.Increased revenue from fire inspections, recording fees, FEMA relief, and Worker Compensation insurance CITY COUNCIL 20 SEPTEMBER 2021 PAGE 6 Mr. Bolduc noted the budget freeze impacted the Library and Planning & Zoning the most. Training and development was also put on hold. The Fire Department will be making some of that up. Also put on hold were the garage expansion and the recreation building. There was a huge savings from health insurance as well as from refinancing the pension. Total savings amounted to $1,460,000. Mr. Bolduc credited Tom Hubbard and Ms. Machar for helping to make this possible. Mr. Bolduc then explained the request to establish a contingency fund for health care costs in order to ensure sufficient reserve. The recommendation is for a one-time payment into that fund of $148,000. In addition, if there is a year with a savings, the consultant recommends that the city self-insure against a potential future bad year. This would be a one-time $180,000 allocation. Ms. Emery moved to approve the Special Contingency Fund for Health Care and allocate $328,000 from the FY21 surplus for that use. Sen. Chittenden seconded. The motion passed unanimously. Sen. Chittenden asked whether any consideration was given to transferring any of the balance for tax relief for taxpayers. Mr. Bolduc said it has taken a long time to get to this comfort level. He recommended revisiting this in future years to be sure things are consistent, and then coming back with a recommendation. Mr. Cota asked whether the Rooms & Meals local option tax was collected on the rooms for the homeless in South Burlington hotels. Ms. Baker said it was, but it was at a lower rate. Ms. Baker said it is always an option to return surplus funds to taxpayers to pay down debt, which can have a greater impact on taxpayers. She said there is always the option to pull funds from that savings account. 13.Approve an assigned fund balance transfer from FY21 for previously approved upgrades at the Department of Public Works garage: Ms. Emery moved to approve the transfer of fund for upgrades at the DPW garage. Ms. Riehle seconded. CITY COUNCIL 20 SEPTEMBER 2021 PAGE 7 Mr. Barritt asked if there is a diagram of what they will be doing. Mr. Bolduc said he would provide that. The motion then passed unanimously. 14.Receive an update on the financial accounting of the 180 Market Street construction: Ms. Blanchard said the project is not fully completed, but it is anticipated it will be complete in the next 2 months. The cost came in under the available fund at an estimate of $22,955,976.41. Things that impacted costs included: a.The solar array b.Additional roadway construction c.COVID d.Funds raised by the Library Board of Trustees which went toward furniture e.Grants (accommodations for electric vehicles, funds from the Library Foundation, funds from the energy array f.Road impact fees g.The City Clerk’s vault fund Ms. Blanchard then explained changes to the financial plan to ensure the plan lines up with new regulations. She noted that the city did receive an extension until 2024 to incur City Center debt. Ms. Blanchard noted the revenue model will be updated as to the list of projects and costs. This will be presented to the Council in October. A public hearing will be needed on 15 November so the financing plan can be sent off by the deadline of the 19th. 15.Receive an update on the Tax Incremental Financing (TIF) District financial model: Ms. Blanchard stressed that this is a preliminary accounting. She noted this is the first year when the increment was enough to backfill all the debt. It will still be a few years before the market-rate projects come into the financial picture. Snyder-Braverman has been developing all of the affordable housing up front, so the future development will be at market rate. There CITY COUNCIL 20 SEPTEMBER 2021 PAGE 8 is always the possibility of a mix of rentals and some retail or commercial. Retail and commercial would come in at a higher rate. Projects from other developers would have to include some affordability. Sen. Chittenden noted that if the city does not bond for something in the next 2 years, $27,000,000 will be left “on the table,” and it would not benefit city taxpayers. Ms. Riehle said as Snyder-Braverman develops other parcels, there will be TIF funding generated. Ms. Blanchard stressed this has to be incurred within the time limit. Ms. Blanchard then enumerated the projects on the list for TIF funding: a.Phase 1 and 2 of Garden Street, which is now at 60% of design. This would have 100% TIF eligibility b.Williston Rd. streetscape which is at 30% of design and would be 50% TIF eligible c.I-89 bridge for which there is an application in for federal funding. It would be 30% TIF eligible for the portion not using federal funds d.City Center Park Boardwalk connection which would be 95% TIF eligible. A funding request for this has been rejected. Ms. Emery asked if the general fund will eventually be reimbursed. Ms. Blanchard said it will. She noted the money never actually leaves the reserve fund. It is just noted that it is there. Sen. Chittenden asked how far before the limit to incur debt does there have to be a vote on a project. Ms. Blanchard said at least 30 days. Ms. Baker added that if a vote is in March, it is too late to bond. Staff will have to determine which election to use. Ms. Riehle said there could be a special election in December, 2023. Ms. Blanchard said that would be pretty tight but could work “in a pinch.” 16.FY23 Budget: Council discussion of budget goals: Mr. Bolduc noted the Grand List value is substantially more than last year. A one cent increase in the tax rate would raise a little over $400,000. That would result in a 2.3% tax rate increase. 3% would raise $500,000, and 5% would raise $900,000. Mr. Bolduc noted that all bargaining units will be negotiating this year. In the past, there were ties to the CPU. The anticipated COLA this year is 4.4. The general step increase is usually 1.5%. CITY COUNCIL 20 SEPTEMBER 2021 PAGE 9 The anticipated group health increase is 10%. Mr. Bolduc said that to maintain the current level of service, the tax rate needs to increase by 2 cents. Ms. Baker then enumerated the key things on which staff needs guidance: a. Priorities b.Areas for reduction c.Tax rate goal She noted that the 4.4% COLA is very different from the past few years when it was at 1.5%. Mr. Barritt said he is comfortable only in the 3% range. Sen. Chittenden and Mr. Cota agreed. Mr. Barritt noted this will be an inflationary year. Energy prices are already skyrocketing. Ms. Emery cited the need to be sure basics are met, particularly road striping. She is also hearing that people want city services. She was OK with 3% plus the 1 cent for parks. Ms. Riehle noted there are departments with not enough staff to get what needs to be done. She noted that road paving is a big complaint area, and it is very expensive. She stressed that the public needs to say what it really wants and then not complain with the decisions. 17.Councilors’ Reports from Committee Assignments: Mr. Cota: Green Mountain Transit meets tomorrow. Ms. Riehle: Nick Longo has been appointed Interim Airport Manager. Mayor Weinberger was at the Airport Commission meeting. He recognized the need for change and said he is not doing a big national search for a new Manager. He also cited the need to fill Mr. Longo’s former position. The Mayor also acknowledged that the Airport Commission doesn’t have a lot of oversight, and he has learned this is a problem. The Airport Commission also had a fascinating presentation on the Guard’s wildlife project. All airports will have full-time biologists to deal mostly with birds and how to keep them from runways. CITY COUNCIL 20 SEPTEMBER 2021 PAGE 10 The good news is that 2 of the “noise stations” will provide access to the public for both military and commercial flights. The bad news is that data will not be added to the noise exposure map. 18.Other Business: Regarding Ms. Greco’s “tree” question, Ms. Baker said Public Works and the legal people will have to weigh in on this. Mr. Barritt noted they are city trees, and the city can say “don’t treat them.” As there was no further business to come before the Council Sen. Chittenden moved to adjourn. Mr. Barritt seconded. Motion passed unanimously. The meeting was adjourned at 9:43 p.m. _________________________________ Clerk CITY OF SOUTH BURLINGTON Report: Calendar Year 2020: Progress on Implementation of All-Hazards Mitigation Plan Date: September 2021 To: City Council From: Terence Francis, City Emergency Management Director Information collected by: Chittenden County RPC in partnership with municipal staff City of South Burlington Mitigation Actions: Implementation Monitoring Worksheet CATEGORY A: Implement Culvert Improvements to mitigate Severe Rainstorm and Fluvial Erosion and their associated vulnerabilities of: •Damage to new/existing public infrastructure and buildings •Temporary road and bridge closures •Budgetary impacts Action (Primary Responsible Entity) Report on Progress since Plan adoption See Section 5.4 for details on locations identified during Plan development. Action A-1: Replace 2 undersized culverts in Oak Creek Village; (Public Works Director & Deputy Director) -note progress on replacement ACTION SUBSTANTIALLY COMPLETED. See below City reports progress in 2020 as follows: •Oak Creek Village neighborhood: The City completed replacement of undersized culverts in Oak Creek Village in 2017. Information on the project can be found here. Note: •Butler Farms neighborhood: There are two culverts in Butler Farms that are also undersized and in need of replacement. The City has completed preliminary designs for this work and is in need of funding to pay for their replacement. Action A-2: Replace culvert on Market Street; (Public Works Director & Deputy Director) -note progress on replacement ACTION PREVIOUSLY COMPLETED. See below City reports progress as follows: •Project completed in 2017. Additional information on this project is available online at: http://sburlstormwater.com/stormwater-projects/market- street-culvert-replacement/ . CATEGORY B: Operate an effective Stormwater Management System to mitigate Severe Rainstorm and Water Pollution and their associated vulnerabilities of: •Damage to new/existing public infrastructure and buildings •Temporary road and bridge closures •Budgetary impacts Action (Primary Responsible Entity) Report on Progress since Plan adoption See Section 5.4 for details on locations identified during Plan development. Action B-1: Mitigate impacts of runoff such as excessive flow, sediment load and excessive phosphorus discharge. (Public Works Director & Deputy Director; Development Review Planner) -annual # basins cleaned -annual # street miles swept City reports progress in 2020 as follows: •The City cleaned 600 storm drains in 2020 •The City also used a mechanical street sweeper to sweep approximately 80 miles of roadways. -annual # of land development proposals reviewed to assure proper stormwater management. City reports progress in 2020 as follows: •18 Final Plats reviewed •39 Site Plan applications reviewed Final land development proposals reviewed by City Stormwater Services offices: -10 that required a State stormwater permit -18 reviewed under the City’s stormwater regulations within the City’s Land Development Regulations, as follows: 8 final land development proposals increasing impervious by 5,000 sf to ½ acre; 3 final land development proposals increasing impervious by ½ acre to 1 acre; 6 final land development proposals increasing impervious by 1 acre or more, including one amendment to a previously approved plan for which the amendment did not increase impervious but was considered de- novo review (the amendment was ultimately denied) •In addition, City Stormwater Services reviewed and provided ad hoc feedback on multiple smaller proposals for water quality, snow storage, or stormwater treatment purposes. CATEGORY C: Implement Strategies in Response to Fluvial Erosion and its associated vulnerabilities of: •Damage to new/existing public infrastructure •Temporary road and bridge closures •Budgetary Impacts Action (Primary Responsible Entity) Report on Progress since Plan adoption See Section 5.4 for details on locations identified during Plan development. Action C-1: Consider addition/adoption of River Corridor or River Corridor Protection Area in Bylaws (Director of Planning & Zoning) -note any draft bylaws developed -note any presentations to municipal boards & commissions -note any bylaws adopted ACTION PREVIOUSLY COMPLETED. See below City reports progress in 2020 as follows: •ACTION COMPLETED IN 2019: Using initial drafts provided by CCRPC, City worked with its Planning Commission and City Council to finalize DEC-compliant River Corridor Bylaws into City’s Land Development Regulations which were formally adopted and incorporated into the Regulations in the fall of 2019. AGREEMENT FOR THE DEVELOPMENT AND OPERATION OF THE COMMUNITY OUTREACH PROGRAM NOW COME the Howard Center, Inc., a nonprofit corporation with a principal place of business at 208 Flynn Avenue, Suite 3J, Burlington, Vermont (hereafter the “Howard Center”) and seven municipalities: the Cities of South Burlington and Winooski, Vermont, and the Towns of Colchester, Essex, Richmond, Shelburne, and Williston, Vermont (hereafter the “Municipalities”) (collectively the “Parties”) and hereby enter into this Agreement for the development and operation of a Community Outreach Program effective the 1st day of July 2021 (hereafter the “Effective Date”). WHEREAS the Howard Center through its Street Outreach Team operating in the City of Burlington, Vermont, has established a long and successful history of cooperation, consultation, and intervention for and with the City of Burlington, the Burlington Police Department, businesses and merchants, other service providers, and other concerned and involved community members. WHEREAS the Municipalities seek a separate, but parallel program to the Street Outreach Team to serve the identified, unmet needs of the residents of their communities. WHEREAS the Municipalities seek to utilize the Howard Center to provide comparable services through a Community Outreach Program (hereafter the “Program” or “Community Outreach Program”) to and for the Police Departments, businesses and merchants, service providers, and residents of their communities. WHEREAS the goal of the Community Outreach Program is to create a supportive presence in the Municipalities and to provide a timely response in collaboration with local law enforcement to individuals with social service needs and problematic behaviors that are non-criminal and often based on or related to the individual’s mental health issues or substance abuse, thus allowing the Municipalities’ police resources to be focused on criminal behaviors and enhance the general well-being of local communities. NOW THEREFORE the Parties hereby agree as follows: Community Outreach Program – June 2021 -2 - 1.Term The Term of this Agreement shall be for five (5) years starting on the Effective Date and shall continue through June 30, 2027 (“Term”), unless terminated earlier in conformity with the provisions set forth herein. This Agreement may be extended on an annual basis upon the agreement of the Parties. 2.Program Overview The Parties agree to support the development and implementation of the Community Outreach Program. The Program will make Howard Center staff members available to work closely with local law enforcement in providing appropriate interventions in situations in the community involving individuals requiring mental health and/or substance abuse services. 3.Responsibilities of the Howard Center (a)Programmatic Responsibilities During the Term of this Agreement, the Howard Center will develop, provide, and oversee a range of specialized services as part of the Community Outreach Program. Such services will include prompt, community-based triage and outreach interventions in response to situations involving individuals exhibiting negative behaviors related to mental health and/or substance abuse issues, medical instability, financial instability, and homelessness. Program personnel will monitor, intervene, and prevent escalation of symptoms and/or negative behaviors within the community, and de-escalate situations whenever possible. Additionally, Program staff will provide effective assessment of individual needs and develop strategies to connect community members with resources that will ultimately reduce both immediate and long term police involvement with these individuals. (b)Staffing Responsibilities During the Term of this Agreement the Howard Center will continue to support the hiring, training, and supervision of all Community Outreach Specialists and Team Lead positions. Attached to this Agreement and incorporated as Appendix A is a Job Description for both positions, including a listing of the Specialists’ employment duties. The Howard Community Outreach Program – June 2021 -3 - Center warrants that these Specialists and Team Lead shall have the qualifications, skills, and training necessary so as to appropriately fulfill the activities and duties set out in this Agreement. (c)Program Oversight and Operation The Howard Center will provide qualified supervisory personnel to oversee the Specialists, Team Lead, and the operations of the Program and to ensure coordination with designated personnel from the Municipalities. The Parties understand and agree that the Specialists are entitled to all the benefits available to the organization’s employees including, but not limited to, paid vacation and sick and personal days as specified in Howard Center policies. In addition, the Howard Center will provide payroll services and employment benefits, workers’ compensation insurance, and unemployment insurance as well as clinical oversight and regular or annual reviews of the Specialists consistent with its policies. (d)Training and Substitutes Howard Center will provide appropriate training to the Community Outreach Specialists including regular staff support and supervision and clinical oversight. Training will include crisis de-escalation, assessing dangerousness, identifying community resources, participation in the Team Two Police and Mental Health trainings, and other relevant training as mutually agreed to by the Parties. The Howard Center will use its best efforts to provide one or more substitute Specialists for those periods when significant vacancy occurs. It similarly will use its best efforts to recruit, hire, and train replacement Specialists when needed. When a vacancy for a Specialist position has not been filled by the Howard Center within a reasonable amount of time, the Parties agree to meet and may adjust the Schedule of Financial Compensation, Exhibit B, accordingly. (e)Assignment of Specialists The Howard Center, after consulting with the Steering Committee referenced in Section 5(a) below, shall have primary responsibility for the work assignments of Community Outreach Specialists, including their deployment among and within the seven (7) Municipalities, their work schedules, and their general oversight. (f)Equipment Community Outreach Program – June 2021 -4 - Howard Center with provide the Specialists with Smartphones with Bluetooth, computers, and Personal Safety equipment if needed. (g)Financial Management Funding secured and designated for the Community Outreach program from member contributing communities, the state and other sources must be used to fund the Community Outreach Program and related costs only. 4.Responsibilities of the Municipalities (a)Office Space and Communication Links Municipalities will provide all necessary and appropriate office space and furniture for use by the Community Outreach Specialists in the respective Police Departments of each Municipality. Each Municipality will provide Community Outreach Specialists with direct communication links with Police Department dispatchers and access to Police Department software such as Spillman or Valcour. The Parties understand and agree that a fingerprint supported background check will be required for Specialists to receive access to police software and unescorted facility access. Each Municipality shall provide to the Specialists and Howard Center supervisory staff all necessary training related to the functioning and operations of their respective Police Departments so as to allow the Howard Center to fulfill its obligations under this Agreement. Each Municipality shall designate a Principal Contact Person to serve as the primary liaison for all communications related to the Community Outreach Program and its operation. (b)Allocation of Services The Municipalities understand and agree that their need for and utilization of the services of the Community Outreach Program varies due to factors such as the size of their respective communities and relevant socio-economic factors. The concomitant financial obligations of each of the Municipalities for the Community Outreach Program are set out and incorporated into this Agreement in Attachment B, Community Outreach Program – June 2021 -5 - the Schedule of Financial Compensation. This amount of compensation to be paid to Howard Center by each Municipality for the services set forth herein has been determined by the Parties through good faith and arms-length bargaining to be the fair market value of the services to be rendered hereunder. No amount paid or to be paid hereunder is intended to be, nor shall it be construed as, an offer, inducement, or payment, whether directly or indirectly, overtly or covertly, for the referral of clients by the Municipalities to Howard, or for the recommending or arranging of the purchase, lease, or order of any item or service. In addition, no amount paid or advanced hereunder includes any discount, rebate, kickback, or other reduction in charge. 5.Joint Responsibilities of the Parties (a)Steering Committee The Parties will maintain a Steering Committee, as an advisory body, to oversee and evaluate the functioning of the Community Outreach Program. This Committee will be comprised of relevant Howard Center staff, representatives of funding organizations, City/Town Managers, and Police Chiefs to assess the operations of the Program. The Steering Committee shall meet on a regular basis thereafter. 6.Independent Contractors The Howard Center and each of the Municipalities are independent contractors. Neither the employees of the Howard Center nor those of the Municipalities are or shall be deemed to be employees of the other Parties to this Agreement. 7.Functional Aspects of the Community Outreach Program (a)Expected Sources of Referrals The Parties anticipate that the following entities or individuals will identify those persons potentially to be served by the Community Outreach Program: (1) law enforcement; (2) schools; (3) First Call for Chittenden County and other Howard Center programs; (4) business owners and merchants; (5) community partners; (6) family and friends; and (7) self-referrals. Community Outreach Program – June 2021 -6 - (b)Staffing and Scheduling Community Outreach Team Members will work directly with a subset of the Municipalities, as well as be available to provide a regional response as needed. This approach allows for strengthened relationships and efficiencies in sharing resources. For example, if a Community Outreach Specialist in one community is experiencing a high volume of requests for service, he or she may reach out to the other Specialists for assistance. (c)Operational Schedule Community Outreach Specialists will have flexible work hours, data dependent. Hours currently are: Monday through Friday 8:30am-8:00pm. Initially upon hire, staff will work the customary 8:30-4:30 schedule to allow for training and the creation of relationships with other community providers, merchants, and businesses which generally are open during ordinary business hours. This general schedule will also allow for Specialists to maximize referrals and connection with community resources for identified individuals. The Howard Center, after consultation and input from the Steering Committee, may adjust and revise staffing and scheduling routines for the Specialists over time based on the needs of the seven Municipalities. The specialists will not be available on Howard Center agency closure dates. (d)Work Locations Program Specialists will be based at and operate out of the Police Departments of each of the Municipalities. (e)Assessing Outcomes The Parties, working through the Steering Committee, will use their best efforts to develop and implement appropriate analytic measures to determine the efficacy of the services provided by the Community Outreach Specialists. Such efforts shall include tracking and rating the outcomes of the Specialists’ interventions and the concomitant impact on law enforcement resources. 8.Relationship with the Burlington Street Outreach Team The Community Outreach Program will collaborate and coordinate with the Burlington Street Outreach Team as clients served, community members, police, and other stakeholders cross between these regions. The two Programs work closely Community Outreach Program – June 2021 -7 - in training opportunities for staff or the community, program operations, and consultation as needed. 9.Relationship with First Call for Chittenden County As Howard Center programs, the Community Outreach Program and First Call for Chittenden County will work collaboratively and act as resources and referral sources for each other. This collaboration shall include, but not be limited to, consultation regarding clients, creating intervention/response strategies, and alerting each other to client behaviors in the community. The Community Outreach Program will provide intervention and support as its core functions while First Call for Chittenden County will provide assessment and clinical consultation services. 10.Insurance Howard Center and each of the Municipalities will obtain and maintain during the Term of this Agreement insurance with coverages and amounts that are commercially reasonable for their needs and the activities called for in this Agreement. All such insurance policies shall be purchased from an insurance agency authorized to do business in the State of Vermont. 11.Termination The Howard Center may terminate this Agreement in any of the following situations: (a) upon the breach of a material provision contained herein by any Municipality after written notice to the breaching Municipality and the failure of that Municipality to fully cure any such breach within thirty (30) days; (b) immediately upon the receipt of notice from one or more Municipalities of their intent to terminate the Agreement as provided for below; or (c) immediately if State or federal funding to the Howard Center for the Program is reduced by more than ten percent (10%) from the prior fiscal year and the Howard Center and the Municipalities are unable to agree on an adjusted level of services and payments. Any Municipality may terminate this upon the breach of a material provision contained herein by the Howard Center and after written notice to it and the failure of the Howard Center to fully cure any such breach within thirty (30) days. Community Outreach Program – June 2021 -8 - 12.Legal Compliance Each of the Parties to this Agreement will perform its obligations hereunder in compliance with all relevant State, federal, and local legal requirements. The Municipalities understand and acknowledge that the Howard Center is legally obligated to preserve the confidentially of its clients’ protected health information consistent with State and federal statutes and regulations including, but not limited to, the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. § 1320d et seq., and 45 C.F.R. Parts 160 and 164; the Family Educational Rights and Privacy Act of 1974; 20 U.S.C. § 1232g and 34 C.F.R. Part 99; federal provisions related to substance abuse treatment, 42 U.S.C. § 290dd-2 and 42 C.F.R. Part 2; the Vermont Patient-Counselor Privilege, 12 V.S.A. § 1612; 18 V.S.A. § 7103; and Vermont Agency of Human Services Rule 96-23. 13.Dispute Resolution At the option of either the Howard Center or any Municipality, any dispute as to the performance of a Party’s obligations under this Agreement or any related matter shall be referred to non-binding mediation conducted by a neutral third party, the costs of which shall be shared jointly by those Parties subject to the dispute. Each Party shall cooperate in mediation. The Parties subject to the dispute may terminate mediation at any time after the expiration of sixty (60) days from the commencement thereof. Nothing in this provision shall preclude any Party from exercising any and all legal rights available to it in a court of competent jurisdiction, and nothing contained herein shall prevent or preclude resort to mediation or other dispute resolution while litigation is pending. No offer, finding, action, inaction, or recommendation made or taken in or as a result of mediation shall be considered for any purpose as an admission of a Party, nor shall it be offered or entered into evidence in any legal proceeding. 14.Non-Assignment No Party to this Agreement may assign any rights and responsibilities related to this Agreement to any other entity or individual without the prior written consent of all the other Parties. 15.Complete Agreement, Amendment, Construction, Jurisdiction, and Severability This Agreement and incorporated exhibits represent the complete Agreement of Community Outreach Program – June 2021 -9 - the Parties on the matters specified within and supersedes all prior agreements on this subject. This Agreement may be amended or revised only by a written document executed by a duly authorized representative of all Parties. The Agreement shall be construed consistent with the laws of the State of Vermont. The Courts of the State of Vermont shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement. In the event that one or more components of this Agreement is deemed by a court of competent jurisdiction to be unenforceable, then it is the intention of the Parties that such component be stricken, and the rest and remainder of the Agreement be enforced in accordance with the plain meaning of the language of the Agreement as if the stricken component had not ever been a part hereof. 16.Notices All Notices required under this Agreement shall be sent by certified U.S. Mail; return receipt requested, to the persons at the addresses so indicated in Appendix C, Designated Recipients of All Notices. (REST OF PAGE INTENTIALLY LEFT BLANK; SIGNATURE PAGE TO FOLLOW) Community Outreach Program – June 2021 -10 - So Agreed to at , Vermont, this day of June, 2021. Duly Authorized Official for the Town of Colchester, VT Title Duly Authorized Official for the Town of Essex, VT Title Duly Authorized Official for the Town of Richmond, VT Title Duly Authorized Official for the Town of Shelburne, VT Title Duly Authorized Official for the City of South Burlington, VT Title Duly Authorized Official for the Town of Williston, VT Title Duly Authorized Official for the City of Winooski, VT Title Duly Authorized Official for the HowardCenter, Inc. Title Community Outreach Program – June 2021 -11 - APPENDIX A JOB DESCRIPTION FOR HOWARD CENTER PERSONNEL Team Lead – Community Outreach Job Summary: Delivers street-based outreach services to persons who have several unmet social service needs (homelessness, psychiatric disabilities, mental health needs, substance abuse treatment). Provides administrative and clinical supervision to team members. Collaborates with community members and leaders (Police departments, social/legal service providers, grand funders) to implement street outreach services. This position plays a major role in representing Howard Center’s responsiveness to problems caused by unmet mental health/substance abuse/social service needs. Essential Functions •Provides basic mental health support, medical, legal, financial, housing and other information and referrals with the goal of helping clients gain stability in the community. •Recruits, trains and supervises staff •Provides immediate response to escalated behavior that is reported to or observed by the community outreach team. •Communicates with service providers, merchants and/or concerned citizens about behaviors and social issues that are causing concern. •Educates the community regarding psychiatric disabilities, homelessness, substance abuse and mental health issues. •Collects data and prepares reports for grant funders and community organizations. Minimum Qualifications: •6 years of combination of education and experience in related field •Valid driver’s license, use of a personal vehicle and acceptable driving record •De-escalation skills, knowledge of community services and resources Competencies: •Communication - Triages communication needs as they arise. Accurately communicates and reports in all formats. •Intercultural Sensitivity - Takes an active interest in others, their cultural background, needs and perspectives. Community Outreach Program – June 2021 -12 - •Organization/Attention to Detail - Manages, organizes, and prioritizes essential functions. Follows agency policy and procedures. Identifies what needs to be done, and takes initiative. •Service to Others - Understands, supports and meets the needs of clients with compassion and empathy. Navigates system of care across populations. Maintains confidentiality of client information. •Technology - Expertly uses office equipment, hardware and software. Demonstrates knowledge of agency information management and security policies. Physical Requirements: •Driving Required •Ability to safely manage escalated behavior •Positions self frequently, and routinely moves up to 75 lbs •Sitting for extended periods of time •Manual dexterity needed for repetitive tasks Community Outreach Specialist Job Summary: Serve adults, children and families and work closely with local law enforcement to provide the best services to residents at the lowest level of intervention possible. In this position, individuals will be a designated liaison to a specific community but also provide a regional response. This role involves directly working with diverse populations. Essential Functions: •Respond to specific locations to address behaviors reported by the community and assist law enforcement with problematic behaviors occurring in neighborhoods•Identify heavy service users and "service resistant" individuals•Intervene with individuals who are frequent users of emergency services for non- emergencies, and connect them with more appropriate services and serve as a more appropriate resource for seeking assistance •Monitor and prevent acute symptoms of mental illness and/or substance abuse in the community. Provide de-escalation and limit setting around behaviors witnessed in the community•Consultation and coordination with other service providers around treatment plans, obtaining services, negotiating for services that have been restricted. •Ongoing consultation with law enforcement to address and prevent problematic behaviors from occurring in public and private spaces Community Outreach Program – June 2021 -13 - •Ride-a-long with law enforcement to strengthen partnerships and cross-system understanding •Deliver supports to help individuals reach and sustain stability in the community. Provide basic mental health, medical, legal, and financial supports, referrals and other information •Establish face-to-face connections and communication strategies with local merchants •Education of community members around psychiatric disabilities, homelessness, substance abuse, and various other mental health issues •Assist in post-tragedy response.•Outcome data reporting •Work proactively to reach out to families in crisis Minimum Qualifications: •4 years combination of education and experience in related field•A valid driver's license, vehicle and insurance to comply with Howard Center policy•Must have basic computer skills Competencies: •Communication - Possesses diversified verbal and written communication.•Intercultural Sensitivity – Takes an active interest in others, their cultural background, their needs and perspectives •Organization – Prioritizes workload. Develops and utilizes systems to ensure work is on track and timely. Follows agency policy and procedures. Checks for accuracy and quality of their work and the work of others. •Service to others - Understands, supports and meets the needs of clients with compassion and empathy. Navigates system of care across populations. Maintains confidentiality of client information. •Technology – Expertly uses office hardware and software. Demonstrates knowledge of agency information management and security policies. Physical Requirements: •Driving required •Manages escalated behavior •Positions self frequently and routinely moves up to 75 lbs •Sitting for extended periods of time •Manual dexterity needed for repetitive tasks Community Outreach Program – June 2021 -14 - Sub - Community Outreach Specialist Job Summary: Serve adults, children and families and work closely with local law enforcement to provide the best services to residents at the lowest level of intervention possible. In this position, individuals will be a designated liaison to a specific community but also provide a regional response. This role involves directly working with diverse populations. A Sub Community Outreach Specialist covers shifts due to vacancies and planned/unplanned time off and has the full responsibilities of a Community Outreach Specialist. Essential Functions: •Respond to specific locations to address behaviors reported by the community and assist law enforcement with problematic behaviors occurring in neighborhoods •Identify heavy service users and "service resistant" individuals •Intervene with individuals who are frequent users of emergency services for non- emergencies, and connect them with more appropriate services and serve as a more appropriate resource for seeking assistance•Monitor and prevent acute symptoms of mental illness and/or substance abuse in the community. Provide de-escalation and limit setting around behaviors witnessed in the community •Consultation and coordination with other service providers around treatment plans, obtaining services, negotiating for services that have been restricted. Ongoing consultation with law enforcement to address and prevent problematic behaviors from occurring in public and private spaces•Ride-a-long with law enforcement to strengthen partnerships and cross-system understanding•Deliver supports to help individuals reach and sustain stability in the community. Provide basic mental health, medical, legal, and financial supports, referrals and other information •Establish face-to-face connections and communication strategies with local merchants •Education of community members around psychiatric disabilities, homelessness, substance abuse, and various other mental health issues •Assist in post-tragedy response. •Outcome data reporting•Work proactively to reach out to families in crisis Community Outreach Program – June 2021 -15 - Minimum Qualifications: •4 years combination of education and experience in related field •A valid driver's license, vehicle and insurance to comply with Howard Center policy•Must have basic computer skills Competencies: •Communication - Possesses diversified verbal and written communication. •Intercultural Sensitivity – Takes an active interest in others, their cultural background, their needs and perspectives •Organization – Prioritizes workload. Develops and utilizes systems to ensure work is on track and timely. Follows agency policy and procedures. Checks for accuracy and quality of their work and the work of others. •Service to others - Understands, supports and meets the needs of clients with compassion and empathy. Navigates system of care across populations. Maintains confidentiality of client information.•Technology – Expertly uses office hardware and software. Demonstrates knowledge of agency information management and security policies. Physical Requirements: •Driving required •Manages escalated behavior •Positions self frequently and routinely moves up to 75 lbs •Sitting for extended periods of time •Manual dexterity needed for repetitive tasks Community Outreach Program – June 2021 -16 - APPENDIX B SCHEDULE OF FINANCIAL COMPENSATION FY22 FY23 FY24 FY25 FY26 Contribution by Town Essex 41,390 45,096 48,912 54,068 58,250 Williston 18,697 20,371 22,095 24,424 26,313 Richmond 8,030 8,749 9,490 10,490 11,301 Shelburne 15,101 16,452 17,845 19,726 21,251 Winooski 13,923 15,169 16,453 18,187 19,594 Colchester 33,824 36,852 39,970 44,184 47,601 South Burlington 37,036 40,351 43,766 48,380 52,121 Total 168,000$ 183,040$ 198,531$ 219,458$ 236,431$ Fund balances in excess of 2.5% of annual program budget accrued in future years will be applied to the following years’ municipal contributions, proportional to each towns contribution. Howard Center will assume the financial risk for the five year agreement. Municipalities, through their respective managers, will actively work with Howard Center to advocate with legislators and UVMMC for increases to the respective grant awards in years 3-5 (FY24-FY26). Community Outreach Program – June 2021 -17 - APPENDIX C DESIGNATED RECIPIENTS OF ALL NOTICES (1)Howard Center: Robert W. Bick, Chief Executive Officer, HowardCenter Inc., 208 Flynn Avenue, Suite 3J, Burlington, VT 05401; (2)Town of Colchester, VT: . (3)Town of Essex, VT: _ . (4)Town of Richmond, VT: . (5)Town of Shelburne, VT: . (6)City of South Burlington, VT: . (7)Town of Williston, VT: . (8)City of Winooski, VT: . . 180 Market Street South Burlington, VT 05401 | tel 802.846.4106 | fax 802.846.4101 | www.southburlingtonvt.gov MEMORANDUM TO: Jessie Baker, City Manager & South Burlington City Council FROM: Paul Conner, Director of Planning & Zoning SUBJECT: FY 2022 Municipal Planning Grant application submittal DATE: October 18, 2021 City Council meeting Background The State Agency of Commerce and Community Development has made available funding for towns and cities to undertake planning activities again this year. The maximum grant award for a single municipality is $22,000 and require a minimum 10% local match. The proposed match source is the Planning & Zoning consulting account. The State awards these grants based on a series of competitive criteria. Those include: application quality, work plan & budget, linkage to comprehensive plan, citizen participation, statewide priorities, and bonus points for projects related to neighborhood development areas, of which we have one. Project Proposal The proposal is to use the MPG funds to develop the second of ultimately three or four Sector-Specific Climate Action Implementation Plans as outlined to Council this past summer. As a refresher, approach discussed with Council in June was to develop a Principal Climate Action Plan, which will be underway this fall with assistance of the CCRPC and the recently-established Climate Action Plan Task Force. As stated then, “Where the Principal Plan will lay out a set of clear, measurable pathways to meet the City’s Climate goals, the Implementation Plan(s) will provide a deeper dive into the specific actions to be taken to meet these goals. This could include developing specific policies, incentives, regulations, and partnerships to meet the Climate goals.” The City has received funding for the first of these Implementation Plans, for the Transportation Sector, through our partnership with the CCRPC and their Unified Planning Work Program. This grant application, for up to the full $22,000 (plus local match) would undertake the second Sector- Specific Implementation Plan. We are in discussions internally and with the State on which topic would fit best with the grant priorities: either (a) Residential & Commercial Buildings, or “Government Operations.” Both are important sectors and the City, through the Council’s resolution, has prioritized the full Climate Action Plan. Proposed Action: Approval of the submittal of a Municipal Planning Grant application, for up to $22,000 in grant funds plus at least a 10% local match, for the work described above. The match may be higher to meet the project objectives and may, for the purposes of the grant, be placed in context of the Council’s connected work described above. 180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov To: South Burlington City Council From: Jessie Baker, City Manager Paul Connor, Planning and Zoning Director Date: October 15, 2021 Re: Climate Action Plan Appointment On August 17, 2021 the Council approved the Climate Action Plan Task Force Charter. On September 20, 2021 and September 27, 2021, you appointed the following members to the Task Force: •Affordable Housing Committee – Darrilyn Peters •Bicycle and Pedestrian Committee - Mattie Larkspur •Economic Development Committee – Sriram Srinivasan •Energy Committee – Andrew Chalnick and Ethan Goldman •Natural Resources and Conservation Committee - Bill Wargo •Planning Commission - Michael Mittag •Non-voting Council Liaison – Helen Riehle Unfortunately, Mattie Larkspur has a conflict and is unable to serve. At the Bicycle and Pedestrian Committee meeting this week, they recommended Donna Leban to serve on this Task Force. Proposed Motion: Appoint Donna Leban to the Climate Action Plan Task Force to represent the Bicycle and Pedestrian Committee as recommended. 180 Market Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.SouthBurlingtonVT.gov TO: Jessie Baker, City Manager FROM: Ilona Blanchard, Community Development Director SUBJECT: Next Steps – Indoor Recreation Center DATE: October 15, 2021 BACKGROUND: In September, the City Council discussed the indoor recreation project. Staff provided a preliminary financial model of annual home owner tax impacts to build the project developed from the 2019 cost estimate. Based on the Council discussion, City staff has reached out to the project consultants to develop options for consideration by the Council on project next steps. These include options on the current site, Veterans Memorial Park, and offsite at a to be determined paved site: 1.Conduct a study to look at the feasibility of an outdoor swimming pool facility at Veteran’s Memorial Park (conceptual design and schematic cost estimate). 2.Conduct public workshops to develop the architectural design and update the November 2019 schematic based on community feedback, Covid-19 HVAC improvements, the impact of the Cairns Arena front lobby function, and Council direction regarding cost. 3.Revisit the site and schematic to ensure the project is Climate Responsive. Explore options with the public and across all design/engineering fields in two town-hall style meetings. Redesign the project/site to respond to accelerating climate change and identified evolving needs. 4.Look for opportunities to purchase a site that is already paved from a willing seller in the vicinity of Shelburne Road, Dorset Street or Williston Road. Option 1: Swimming Pool – fee proposal: $54,000 This is a stand-alone option or may be combined with others. Due to the interest in a more realistic cost estimate, this results in a schematic design as opposed to a simpler, feasibility study Background, Continued, Page 2 (there is an option to scale this back if that is desirable). It includes exploring designs and developing a recommendation regarding an outdoor pool, associated structures including offices, bathrooms and changing facilities. The proposed process includes public outreach workshops and presentation of design options, e.g. pool type, 0rientation, relation to site in order to develop a concept. The result of this process will be a recommended option and preliminary cost estimate. Option 2: Design Update – fee proposal: 34,500 This is a stand-alone option or may be combined with option 1. This a) restarts the project where it left off in November 2019, b) continues public outreach with a robust massing, look & feel community design process, c) ensures that the functions are right sized, d) updates HVAC and adjusts the program to reflect the open and operating Cairns Arena addition. In this process, modular portions of the project will be discussed for inclusion or exclusion (mini turf field; number of lockers, number of courts; inclusion of a movement studio, etc.). The community will be provided with a series of architectural choices, as well as an opportunity to review the functionality of the building, and then to review a recommended design. The result of this process is an updated schematic with a modified cost estimate, and a more knowledgeable and involved community. Option 3: Climate Responsive – fee proposal: $91,000 This is a stand-alone option or may be combined with option 1. The November 2019 schematic was evaluated for energy efficiency to meet anticipated updates to the Vermont Energy Stretch Code, to achieve LEED silver or gold, and various energy options such as geothermal were explored on a cost benefit basis. In this option, the design team steps back to the drawing board, brainstorming with the public on greenhouse gas reduction strategies, carbon sinking, future climate impacts and other issues; searching out best practices and then testing them to present a series of options. The process will evaluate what a climate responsive building and site design look like, dig into options, benefits and trade-offs. This includes rebuilding the energy model to provide data on the greenhouse gas reduction of options. The process will identify concerns related to the impact of a changing climate on recreational needs and access and explores design responses. Background, Continued, Page 3 Pricing will be provided to assist in decision making. This process may result in a substantially revised schematic design and cost. Option 4: Purchase a Paved Site – cost: ? This option represents a restart to the project. The City would seek a willing seller for a paved multi-acre site. Recent sale prices of multi-acre commercial properties off of main commercial corridors (where most multi-acre paved lots are located), have sold for a million dollars an acre plus. Lots with buildings on them (most paved lots often include buildings) sell for more, regardless of if the building needs serious renovation or is being demolished. In addition, lots of this nature may not be available for sale, only for lease. To pursue this option, the City would identify potential properties based on a series of characteristics, such as size, paving, location, zoning, and use, determine if the property owner is willing to sell, and negotiate the purchase price, conduct due diligence on the site. The design firm has provided a flat rate to perform a fit test per potential site, but given the effort involved, recommends this be performed at the due diligence or just prior to the offer on an individual property. Most design work would be restarted from the beginning, once a property is secured. The current site is 6.5 acres. This accommodates the field house, swimming pool, indoor turf field, shared parking, an outdoor plaza and a lawn. Stormwater is located offsite and would need to be accounted for on the new site, likely within the open space or parking area. RECOMMENDATION: Listen to the briefing, discuss, and provide direction. TO: Jessie Baker, City Manager FROM: Ilona Blanchard, Community Development Director SUBJECT: TIF District Substantial Change-Public Hearing Date DATE: October 15, 2021 BACKGROUND: As discussed in September, the City Center TIF District will have been active (since the first debt was incurred) for five years next year (2022). Administratively, this will trigger the state audit of the district. The TIF District Financing Plan will also be seven-years-old. In order to facilitate a smoother audit, the City is preparing a Substantial Change Request that will update a) the financial models to forecast revenue, b) list of planned projects, 3) timelines and 4) estimated expenditures in the TIF District Financing Plan. This update will reflect that the largest property in the district has a developer with projects that are complete, permitted or underway, the City has revised the list of public infrastructure projects the City plans to complete, and land values have been reassessed. To submit the Substantial Change Request, the City Council must approve the request following a warned public hearing. Staff recommend a public hearing be held November 15 to submit by the November submittal deadline, in order that the request may be considered at the December Vermont Economic Progress Council meeting. The complete draft of the Substantial Change will be available on October 29. ATTACHMENTS: •Public Infrastructure Summary &Potential Vote/Debt Look Ahead •Draft Substantial Change Narrative – Projects •Preliminary TIF District Revenue and Debt Model •Public Hearing Warning RECOMMENDATION: Set a public hearing for Monday, November 15, at 7 PM on the Substantial Change Request to provide the public with an opportunity to provide comments. ATTACHMENT FP2: NARRATIVE 1 TAX INCREMENT FINANCING DISTRICT SUBSTANTIAL CHANGE 2021 In 2012, the City of South Burlington submitted an application for a TIF District to the Vermont Economic Progress Council (VEPC) for a TIF District created on April 1, 2012. VEPC approved the City Center TIF District in 2013, and the Financing Plan in 2015. The City incurred the first debt in 2017, setting the 20-year increment retention period for revenue generated on the 2017 grand list through the 2036 grand list (FY 2018 tax collection period through FY 2037 tax collection period). A substantial change request was approved in 2018 to separate out the Senior Center as a stand-alone facility from the recreation center (built with the Library and City Hall). In 2020 and 2021, through acts of the legislature, the term in which to incur debt was expanded due to COVID from the original term, and is now through March 31, 2024. In the years since VEPC approval, the City has been diligently pursuing plans to implement the community vision in order to fulfill the TIF District Plan. Property owners have been permitting and developing projects. At this time the City is requesting a substantial change to bring the approved plans projects, costs, and development into line with what has occurred over the ensuing time. Projections, models and estimates will be updated to the best of the City’s knowledge at this time. The community purpose of the City’s TIF District remains the same: an identifiable downtown center in which to gather with an enhanced public realm that creates long term economic value. The thread of sustainability - to create place that supports, sustains and connects people, enhance transportation, and protect the environment - runs through each project in which the City engages. These goals have become more pressing with the threats of COVID and economic adversity, the need to be inclusive and equitable and for with shared civil spaces for hard, complex conversations, and meet the challenges of climate change. Since 2018, the City has made many advances. Market Street is complete. The City Center Park Phase I is complete. Garden Street is at 60% design, with the southern section approved for TIF District financing by the voters. The South Burlington Public Library and City Hall is open to the public, creating a gathering space for the entire community. The Williston Road Streetscape has a federal grant for $800,000 and is at 30% design. The City has scoped the Pedestrian and Bicycle Bridge over I-89 at Exit 14, and continues to apply for Federal funding, (currently a RAISE grant). Six private development projects have been built, and one is in construction, two have completed site plan and one is in site plan review. The entire SBCC, LLC property (the largest and most central) is under contract to Snyder-Braverman and has completed permitting for Act 250, stormwater and wetlands (state and federal). South Burlington’s City Center | TIF Substantial Change Narrative November 2021 2 The area directly around and adjacent to the TIF District has also benefited with substantial investment in multiple retail sites, small scale office, a hotel, and residential mixed-use. On __________ the City Council held a public hearing on the draft Substantial Change and unanimously approved the submittal of this plan to VEPC. CHANGES TO THE TIF DISTRICT PLAN The City is proposing the following changes to the TIF District Plan and the Financing Plan: Remove the following projects from the Plan: Recreation Center Stormwater Treatment and Wetland Mitigation Structured Parking Urban Park and Festival Streets As in the intervening years as the City has worked with the consultants developing the project design, put projects out to bid, built projects and experienced real market conditions such as COVID, estimates of costs have been accordingly updated. The City has also adjusted timelines to more accurately represent the anticipated build-out and City public investment. Please refer to the Public Improvement Projects and Estimated Costs (following) for the updated timing and costs information. The City is also updating the real development model. See Projected Future Real Property Development for this updated information. PUBLIC IMPROVEMENT PROJECTS AND ESTIMATED COSTS Eleven projects were approved in the TIF District Plan. The cost estimates for five of these projects has been improved to reflect current available information. The four remaining projects, as mentioned earlier, are being removed from the plan. MARKET STREET Market Street is 100% eligible for TIF District Financing. In the 2015 Financing Plan, the estimate for Market Street was increased to over 9.3 million dollars, of which $3,741,978 was estimated to be financed by TIF District Financing. The project was planned to break ground in 2016. The project ended up costing 9.5 million dollars, of which approximately $3,740,000 has been funded with TIF District Financing. The project broke ground in 2018, and reopened in 2019, completing minor items through the COVID pandemic in 2020 and 2021. GARDEN STREET Garden Street is 100% eligible for TIF District Financing. This project was identified as “Street A” in the TIF District Plan but since then was officially named “Garden Street” by the Planning Commission. This project includes Garden Street from Dorset to Williston Road via Midas Drive and the two Williston Road South Burlington’s City Center | TIF Substantial Change Narrative November 2021 3 intersection improvements as required by the Federal Environmental Assessment to support the development of City Center at White Street and at Hinesburg Road. In the 2015 Financing Plan, the estimate for this project was $9,807,261, of which $9,108,061 was estimated to be financed by TIF District Financing. The project was planned to break ground in 2016. The current estimated cost is 11 million dollars of which $9.2 million1 would be funded with TIF District Financing. This includes adding pedestrian/bicycle improvements and utilities to the Dorset end connecting the northern end to Midas Drive and reconstructing Midas Drive, and reconstructing the White Streets and Patchen Road intersections and adding pedestrian and bicycle improvements. The portion of the project from Dorset Street through Midas Drive is expected to break ground in 2022. The intersection portion would be expected to break ground in 2024. CITY CENTER PARK This project is 95% eligible for TIF District Financing. The final approved project concept includes the development of the Dumont parcel and connections across wetland system that lie within the TIF District adjacent to the parcel. The 2015 Financing Plan roughly estimated the project cost at $2.9 million. The project was planned at that time to break ground in 2018. Current total project cost estimates are in the realm of $2.5 million. This project broke ground in 2017 - Phase I of the project: the development of the Dumont parcel into City Center Park - and opened to the public in 2018. Phase II, the wetland connections, are expected to be designed within the next year, and then break ground in 2023. Phase II creates a strong north-south pedestrian/bicycle connection that ties City Center shopping, residences and City services to the middle school, high school, neighborhoods and recreation resources to the south. MUNICIPAL BUILDING, LIBRARY, RECREATION CENTER (REMOVE FROM THE DISTRICT) AND SENIOR CENTER. The Municipal Building (City Hall) is 10% TIF District financing eligible, the Library, Recreation Center and Senior Center (per Substantial Change 2018) are 30% TIF District Financing eligible. The 2015 Financing Plan estimated the Municipal Building cost at $3,733,560, the Library at $10,973,880, and the Recreation Center at $18,949,680. The TIF funded cost was estimated to be $373,356, $3,292,165, and 5,684,904 respectively. This project was estimated to begin construction in 2017. The South Burlington Public Library and City Hall (with the Senior Center) began construction in 2019 and opened to the public in 2021. The estimated cost is $5.4 million for the City Hall, $14.9 million for the Library, and $1.4 million for the Senior Center, with $545,000 in TIF District Financing for the City Hall, 1 2021 Estimate to be readjusted for inflation South Burlington’s City Center | TIF Substantial Change Narrative November 2021 4 $4,474,000 in TIF District Financing for the Library, and $434,000 in TIF District Financing for the Senior Center. The Recreation Center project is proposed to be removed from the TIF District. CENTRAL URBAN PARK – REMOVE PROJECT FROM THE TIF DISTRICT This project is 100% TIF District Financing eligible and estimated to cost $4,898,432 per the 2015 TIF District Financing Plan. There is no identified location for this project. The planned Central Urban Park project is proposed to be removed from the TIF District. PUBLIC PARKING - REMOVE PROJECT FROM THE TIF DISTRICT This project was 100% TIF District Financing Eligible and estimated to cost $14.5 million. There is no identified location for this project. Neither development nor demand is able to justify public investment in public shared structured parking. The planned Public Parking project is proposed to be removed from the TIF District. STORMWATER TREATMENT AND WETLAND MITIGATION/STREAM RESTORATION - REMOVE PROJECT FROM THE TIF DISTRICT This was determined to be 100% eligible for TIF District Financing. It was estimated to cost $4.5 million in the 2015 Financing Plan. This is not required to complete development. The planned Stormwater Treatment and Wetland Mitigation/Stream Restormation project is proposed to be removed from the TIF District. WILLISTON ROAD STREETSCAPE The Williston Road Streetscape, was estimated to cost just over $4 million in the 2015 Financing Plan, and is 50% eligible for TIF District Financing. It was estimated to begin construction in 2020. The current cost estimate for this project (in conceptual design as a streetscape on the south side of the roadway) is projected to be $2.6 million. The project is anticipated to begin construction in 2023. The City secured CCRPC assistance during the scoping phase and $800,000 in federal funding to complete the streetscape. The City also has been contributing to a reserve fund and may apply for additional grant funds if necessary to provide the City’s share of costs. PEDESTRIAN – BICYCLE BRIDGE OVER INTERSTATE 89 This project is estimated to cost $14.5 million. It is 30% eligible for TIF District Financing and the City would expect to use TIF District increment to cover up to 30% of the costs. The City has been meeting regularly with our congressional delegation regarding City Center and has focused on this project. We continue to reach out to our partners at the State of Vermont. The City has applied for funding under the RAISE program (formerly known as TIGER and BUILD). Last year the City came the closest it has come to funding, being sent to the Secretary’s desk as a highly recommended project. TOTAL COST OF IMPROVEMENTS South Burlington’s City Center | TIF Substantial Change Narrative November 2021 5 The total revised estimated costs is $61.9 million, of which $26.2 million is planned to be funded with TIF District Financing, $17.8 million with a variety of City Funds, and $17.9 million with Federal Funds.2 This represents an estimated reduction in TIF District Financing to fund project costs of $29 million. Non-TIF sources include reserve fund backed debt, impact fees, multiple Federal and State grants and a capital campaign. 2 These numbers will be refined for the public hearing draft but are close to what they are anticipated to be. Preliminary TIF Financing Model ‐ Substantial Change Request July 1 2017 ‐ June 30 20182018 (FY) 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 20322033203420352036203720382039TOTALS:TIF DISTRICT FUND PROJECTION (PRELIMINARY ‐ FALL 2021)DEADLINE TO INCUR DEBT: MARCH 31, 20241 (Year of TIF Revenue) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20ANNUAL INCOME (INCREMENT)Total:Projected TIF Revenue (Increment) ‐ High72,939.84$ 84,928.06$                  158,868.78$        264,380.07$      413,448.15$      458,091.01$       468,324.22$        622,869.83$      1,298,374.19$     1,890,243.63$     1,966,297.94$   2,904,367.33$   3,915,897.23$   4,485,813.16$     4,938,505.46$   5,113,892.68$      5,355,751.58$      5,476,590.70$      5,600,258.33$     5,726,823.39$      (High)51,216,665.59$     Projected TIF Revenue (Increment) ‐ Low 72,939.84$ 84,928.06$                 158,868.78$       264,380.07$     413,448.15$     449,040.63$      459,071.66$       613,410.43$     915,681.69$       1,236,887.54$    1,264,622.84$  1,774,728.63$  2,505,520.43$  2,863,133.84$    2,927,564.05$   3,493,830.27$      3,922,248.44$      4,481,790.20$      4,583,020.04$     4,686,622.30$      (Low)37,171,737.91$     FY 2018‐FY2022 is ACTUAL REVENUE (INCREMENT)YEAR OVER YEAR INCREMENT GROWTH: HIGH72,939.84$ 11,988.21$                73,940.72$         105,511.29$    149,068.08$    44,642.86$       10,233.20$        154,545.62$     675,504.36$      591,869.44$      76,054.30$       938,069.40$     1,011,529.89$  569,915.94$       452,692.29$     175,387.23$       241,858.90$       120,839.12$       123,667.63$      126,565.06$       YEAR OVER YEAR INCREMENT GROWTH: LOW72,939.84$ 11,988.21$                73,940.72$         105,511.29$    149,068.08$    35,592.48$       10,031.03$        154,338.76$     302,271.26$      321,205.85$      27,735.30$       510,105.80$     730,791.80$     357,613.41$       64,430.21$       566,266.22$       428,418.17$       559,541.76$       101,229.84$      103,602.26$       Projected Total HIGH:51,216,665.59$ Projected Total LOW:37,171,737.91$ ANNUAL EXPENDITURESTIF FINANCING BOND PAYMENT SHEDULES (amt, purpose, term, interest)All TIF Debt has 5 Year Delayed Principle PaymentsBOND PAYMENT TOTAL:2017 Market St & City Center Park ($5M, 20 YR, 3.39%)voted 2016134,660.75$                       162,133.34$              162,133.34$       162,133.34$     162,133.34$     162,133.34$      491,383.39$       482,933.34$     473,983.34$       464,533.34$       454,583.34$     444,250.01$     433,566.68$     422,566.68$        411,300.01$     399,783.34$        388,050.00$        376,116.66$        364,016.66$       351,800.00$        339,500.00$        ‐$ 7,243,694.24$        2020 180 Market Street ($5M, 17 YR, 1.90%)voted 201871,373.60$        87,099.98$        87,099.98$         87,099.98$          87,099.98$         502,412.81$        499,433.64$        495,912.81$      491,041.97$      484,239.88$      475,954.46$         466,935.70$      457,398.19$         448,087.77$         439,331.52$         430,383.59$        425,854.58$         ‐$ ‐$ 7,243,694.24$        Estimated 2022 TIF Bond Payment ($0.43M, 15 YR, 1.40%)voted 20184,693.30$         5,613.25$          5,613.25$           5,613.25$          5,613.25$           50,582.46$         50,296.98$        49,963.69$        49,582.60$        49,153.70$          48,676.99$        48,099.29$          47,379.59$          46,539.47$          45,595.83$         ‐$ 6,036,760.44$        Estimated 2022 Garden St Phase I  ($3.52M, 15 YR, 1.40%)voted 202136,630.67$       43,810.76$        43,810.76$         43,810.76$        43,810.76$         394,789.96$       392,561.80$     389,960.52$     386,986.12$     383,638.60$        379,917.96$     375,409.13$        369,791.91$        363,234.85$        355,869.89$       513,016.92$           Estimated 2023 Garden Street Phase II ($4.274M, 16 YR, 2.25%)vote 2022/2375,263.80$        90,016.51$         90,016.51$        90,016.51$         90,016.51$         475,628.46$     469,613.79$     463,303.83$     456,698.57$        449,797.99$     442,602.11$        434,704.57$        425,785.93$        416,000.52$       405,469.08$        394,287.83$        4,004,034.49$        Estimated 2023 Williston Road Streetscape ($1.23M, 16 YR, 2.25%)vote 2022/2321,659.92$         25,905.55$        25,905.55$         25,905.55$         25,905.55$        136,879.51$     135,148.56$     133,332.64$        131,431.74$     129,445.84$        127,374.96$        125,102.16$        122,535.49$       119,719.38$        116,688.58$        113,470.76$        5,269,222.51$        Estimated 2024 City Center Park Boardwalk ($1M, 16 YR, 2.25%)vote 202317,609.69$         21,061.42$        21,061.42$         21,061.42$         21,061.42$        111,284.15$     109,876.88$     108,400.52$        106,855.07$     105,240.52$        103,556.88$        101,709.07$        99,622.35$         97,332.83$          94,868.76$          92,252.65$          1,402,940.96$        Estimated 2024 Ped/Bike Bridge over I‐89 ($4.59M, 16 YR, 2.25%)vote 202380,881.29$         96,735.10$        96,735.10$         96,735.10$         96,735.10$        511,128.11$     504,664.51$     497,883.59$        490,785.34$     483,369.71$        475,636.75$        467,149.76$        457,565.46$       447,049.69$        435,732.22$        423,716.43$        1,140,602.41$        RELATED COSTS ‐ DIRECT REIMBURSEMENTDIRECT REIMBURSEMENT$480,100voted 2021364,400.00$    5,100.00$           5,100.00$            5,100.00$            5,100.00$           5,100.00$            5,100.00$           85,100.00$         480,100.00$          Subtotal TIF BOND SERVICE: 32,853,966.22$ Total TIF FUND EXPENDITURES:33,334,066.22$ TIF FUND BALANCESTIF FUND ANNUAL BALANCE ‐ PROJECTEDHIGH INCREMENT MODEL ‐ TIF FUND Annual Increment minus Annual Expenditures(61,720.91)$ (77,205.28)$              (3,264.56)$         30,873.13$      122,890.86$    84,169.87$       (369,750.58)$     (230,306.09)$   38,835.44$        247,185.65$      (46,387.53)$     300,245.59$     1,348,528.16$  1,958,184.40$    2,088,404.66$  2,667,444.55$    2,956,069.14$    3,126,521.28$    3,303,568.55$   3,874,497.82$    (1,386,177.39)$  (714,539.84)$      LOW INCREMENT MODEL ‐ TIF FUND Annual Increment minus Annual Expenditures(61,720.91)$ (77,205.28)$              (3,264.56)$         30,873.13$      122,890.86$    75,119.49$       (379,003.13)$     (239,765.49)$   (343,857.06)$     (406,170.45)$     (748,062.63)$   (829,393.11)$   (61,848.64)$     335,505.07$       77,463.25$       1,047,382.14$    1,522,566.00$    2,131,720.78$    2,286,330.26$   2,834,296.73$    (1,386,177.39)$  (714,539.84)$      HIGH INCREMENT MODEL ‐ TIF Fund Balance ‐ Cumulative(61,721)$ (138,926)$ (142,191)$           (111,318)$         11,573$             95,743$             (274,007)$           (504,314)$         (465,478)$           (218,292)$           (264,680)$         35,566$             1,384,094$        3,342,278$          5,430,683$        8,098,127$          11,054,197$        14,180,718$        17,484,286$       21,358,784$        19,972,607$        19,258,067$        LOW INCREMENT MODEL ‐ TIF Fund Balance‐ Cumulative(61,721)$ (138,926)$ (142,191)$           (111,318)$         11,573$             86,693$             (292,310)$           (532,076)$         (875,933)$           (1,282,103)$        (2,030,166)$      (2,859,559)$      (2,921,408)$      (2,585,903)$        (2,508,439)$      (1,461,057)$         61,509$                2,193,229$          4,479,560$         7,313,856$          5,927,679$          5,213,139$          HIGH‐LOW FINAL YEAR (2037) TIF FUND BALANCE HIGH BALANCE:19,258,067$     LOW BALANCE:5,213,139$       July 1 2017 ‐ June 30 20182018 (FY)20192020 2021202220232024202520262027202820292030203120322033203420352036203720382039RESERVE FUND PROJECTIONANNUAL INCOME Annual Transfer to City Center Reserve Fund750,000.00$              860,000.00$       750,000.00$     860,000.00$     860,000.00$      860,000.00$       860,000.00$     860,000.00$       860,000.00$       860,000.00$     860,000.00$     860,000.00$     860,000.00$        860,000.00$     860,000.00$        860,000.00$        860,000.00$        860,000.00$       860,000.00$        860,000.00$        860,000.00$        860,000.00$           860,000.00$        ANNUAL EXPENDITURESCITY SHARE OF PROJECT COSTS ‐ DEBT PAYMENTSPayment on 180 Market Street Bond ‐ ($14M, 30 YR)583,452.00$       926,056.00$     917,423.00$     908,626.00$      899,596.00$       890,239.00$     877,532.00$       867,452.00$       859,308.00$     846,624.00$     832,620.00$     817,496.00$        801,487.00$     784,733.00$        767,387.00$        749,850.00$        732,140.00$       714,299.00$        696,449.00$        678,394.00$        660,695.00$           643,102.00$        Est. 2022 Bond ‐ 180 Market St (.97M, 15 YR, 2.18%)15,609.12$       82,984.97$        82,091.29$         81,178.17$        80,239.15$         79,274.23$         78,271.75$        77,220.05$        76,119.13$        74,969.00$          73,769.64$        72,453.34$          70,966.85$          69,335.89$          67,580.58$         65,716.97$          Est. 2024 Bond ‐ Williston Rd Stscape ‐ (0.4M, 15 YR, 2.25%)3,509.40$           14,690.52$        62,031.39$         61,810.74$         61,556.10$        61,235.81$        60,847.51$        60,393.41$          59,880.48$        59,303.96$          58,652.00$          57,929.33$          57,166.34$         56,338.81$          55,434.89$          54,492.53$          53,459.54$              52,346.84$          RESERVE FUND BALANCECumulative City Center Reserve Fund Balance:2,700,000.00$ 3,450,000.00$           3,726,548.00$    3,158,000.00$  3,084,967.88$  2,953,356.91$   2,828,160.22$    2,702,052.52$  2,542,249.99$    2,393,713.01$    2,254,577.16$  2,129,497.31$  2,019,910.67$  1,927,052.26$    1,851,915.14$  1,795,424.84$     1,758,419.00$     1,741,303.78$     1,744,416.86$    1,768,062.08$     1,876,178.20$    2,003,291.67$     2,149,137.12$        2,313,688.28$     Accounts for non‐debt payment debits to fundJuly 1 2017 ‐ June 30 20182018 (FY)20192020 2021202220232024202520262027202820292030203120322033203420352036203720382039CASH CUSHIONHIGH INCREMENT MODEL: Annual Reserve Balance + TIF Increment minus expenditures2,638,279.09$ 3,311,073.81$           3,584,357.25$    3,046,682.38$  3,096,541.12$  3,049,100.02$   2,554,152.75$    2,197,738.97$  2,076,771.88$    2,175,420.55$    1,989,897.17$  2,165,062.90$  3,404,004.42$  5,269,330.41$    7,282,597.95$  9,893,552.20$     12,812,615.50$   15,922,021.56$   19,228,703.19$ 23,126,846.23$   LOW INCREMENT MODEL: Annual Reserve Balance + TIF Increment minus expenditures2,638,279.09$ 3,311,073.81$           3,584,357.25$    3,046,682.38$  3,096,541.12$  3,040,049.64$   2,535,849.82$    2,169,976.64$  1,666,317.04$    1,111,609.62$    224,411.14$     (730,061.83)$    (901,497.11)$    (658,850.44)$      (656,524.31)$    334,367.53$        1,819,927.69$     3,934,533.25$     6,223,976.59$    9,081,918.55$     Potential Increase in Transfer to Reserve:  None Required at this timeTotal voter authorized TIF Debt to date:14,002,000$ Estimated Proposed Potential Future Debt TIF Debt:11,548,000$ Total:25,550,000$  180 Market Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.southburlingtonvt.gov South Burlington City Council Monday, November 15, 2021, 7 p.m. PLEASE TAKE NOTICE THAT the South Burlington City Council will hold a public hearing at 7 p.m., Monday, November 15, 2021, to obtain public comments regarding a request to the Vermont Economic Progress Council for a substantial change to the Tax Increment Financing District (TIF District) Plan and Financing Plan for the City Center TIF District in South Burlington, VT. Participation options are in person at South Burlington Public Library and City Hall Auditorium, 180 Market Street, South Burlington, Vermont; online at https://www.gotomeet.me/SouthBurlingtonVT/city-council- meeting11-15-2021 or via phone : +1 (408) 650-3123 (Access Code: 179-508-669). The purpose of the Substantial Change Request is to update the City Center TIF District Plan and Financing Plan so that 1) the timing, nature and estimated price of public projects as outlined in the plan are aligned with projects completed or able to be initiated within the time remaining to incur debt, 2) public project cost estimates and funding needs more accurately reflect actual or anticipated costs and revenues, and 3) projections of tax increment revenues to be realized from private investment over the life of the TIF District are up to date. The drafted substantial change request removes four public infrastructure projects from the TIF District Plan which are not anticipated to advance: Stormwater and Wetland Mitigation, a Central Urban Park, Public Parking, and a Recreation Center. The public hearing draft of the substantial change request will be available at noon on Friday, October 29, online at www.SouthBurlingtonvt.gov, in the City Clerk’s Office and in the Public Library. October 18, 2021 ATTORNEY/CLIENT MEMORANDUM TO: South Burlington City Council FROM: Colin McNeil, City Attorney DATE: October 18, 2021 City Council Meeting RE: Spear Street Solar Farm – proposed 500 kW solar electric generation facility – 600 Spear Street ______________________________________________________________________________ Background Spear Street Solar, LLC (“Applicant”) has filed an application with the Vermont Public Utility Commission to install a 500 kW group net-metered solar electric generation facility located at 600 Spear Street in South Burlington. The Public Utility Commission has determined that the application is administratively complete and ordered that all public comments, notices of intervention, motions to intervene, and requests for hearing must be filed by October 22, 2021. The full Public Utilities Commission filing is available here: https://epuc.vermont.gov/?q=node/64/162506. As required by Statute and Public Utility Commission Rules, the applicant provided the City Council and the City’s Planning Commission with a pre-application notice earlier this past summer. It is my understanding that the Council considered this pre-application notice at your meeting on August 17, 2021 and elected not to submit any comments on the proposal at that time. The City’s Planning Commission also considered the pre-application notice and submitted comments to the applicant. I have been advised that the City’s Department of Planning and Zoning has been in communication with the applicant regarding the comments made by the Planning Commission. Further, the Planning Commission considered the application during its meeting on October 12, 2021. In corresponding with Director Paul Conner, he advised the following in relation to the Application and the Planning Commission’s comments: … [T]he Planning Commission met last night (10/12) and reviewed the 600 Spear Street solar application. The Commission found that the applicant had been responsive to the comments they had provided as part of the 45-day pre- application notice and thanked the applicant for their attention and modifications to the plan. The applicant has agreed to install an "agricultural style" fencing that includes spacing for small wildlife, and further to leave a gap at the bottom of the fencing to allow for their passage, to the extent allowed by safety codes. The applicant will also be establishing a 10-foot wide path around the exterior of the fence line that will be available for residents on the parcel to use. The Commission elected not to provide any public comment to the Public Utilities Commission nor to recommend the City Council request a public hearing or Intervenor Status. In response to the Application and the proceeding before the Public Utility Commission, the Council has the following options available: 1)Take no action 2)Submit a comment letter to the Public Utility Commission and applicant with any comments, questions or feedback; deadline is October 22nd. 3)File with the Public Utility Commission a request to hold a formal public hearing on the application and/or file notice of formal Intervenor Status in the application, with specific topics of concern. Note that typically an Intervenor will then engage subject matter experts to prepare and submit formal testimony on specific Section 248 review criteria. Deadline for requesting public hearing and/or filing Notice of Intervenor Status is October 22nd. ATTORNEY/CLIENT MEMORANDUM TO: South Burlington City Council FROM: Colin McNeil, City Attorney DATE: October 18, 2021 City Council Meeting RE: Temporary License Agreement with SBSD for 575 (now 577) Dorset Street ______________________________________________________________________________ Background On September 5, 2018, the City entered into the “Agreement for the Exchange of Rights and Interests in Real Property” with the South Burlington School District. One component of the Agreement related to the former City Hall property and included a grant to the School District of a “First Option to Lease with Option to Purchase”. The City and the School District are currently negotiating a formal lease agreement with option to purchase that we hope to bring before the Council shortly. However, the School District is currently performing fit up to the former City Hall building with agreement form the City and, due to the schedule of the School District’s moving company, the School District needs to start moving in some of their equipment and staff on October 18, 2021. As this fit-up work and move in will take place prior to the time the formal lease can be finalized and approved by the Council and the School Board, we have put together the attached “Temporary License Agreement” that allows the School District to access the property and sets forth the terms for this access. This Temporary License Agreement will be in effect for no more than sixty (60) days from the date of signature or until a formal lease agreement is finalized, approved and executed, whichever is sooner. Due to the timeline, this Temporary License Agreement has already been executed by the City Manager and the School District Superintendent. The Administration asks that you ratify the Temporary License Agreement after the fact and authorize the City Manager to execute the Agreement. The main components of the Temporary License Agreement are as follows: •License: Grant the School District a Temporary License to access and occupy the former City Hall building at 575 (to be 577) Dorset Street and immediate surrounding area •Term: License shall be for no more than sixty days from the date of execution or until a formal lease agreement for the property is entered into •Utilities: School District will reimburse the City for utility costs incurred upon termination of the Temporary License Agreement based on the percentage of the property utilized by the School District and the duration of use •Excluded from the License: The portion of the building currently utilized by City Recreation and the City Clerk vault are excluded from the License and the School District is agreeing to not interfere with, access, or disturb the City’s Fiber and Fire Telecom •Access: City retains right to access the property •Alterations: Any alterations to the property must be approved in advance by the City •Insurance and Indemnification: Terms of insurance and indemnity shall be in accordance with the draft lease agreement that was attached to the executed “Agreement for the Exchange of Rights and Interests in Real Property” Conclusion Please review and consider ratifying the Temporary License Agreement and authorizing the City Manager to execute the same. If satisfactory in whole or in part, the recommended motion is: “Move that the City enter into the Temporary License Agreement for the former City Hall property at 575 (now 577) Dorset Street with the South Burlington School District and authorize the City Manager to execute the same.”