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HomeMy WebLinkAboutAgenda - City Council - 11/01/2021AGENDA SOUTH BURLINGTON CITY COUNCIL South Burlington City Hall 180 Market Street SOUTH BURLINGTON, VERMONT Participation Options In Person: 180 Market Street - Auditorium - Main Floor Assistive Listening Service Devices Available: Reach out to staff or committee members before meeting begins Electronically: Please join my meeting from your computer, tablet or smartphone. https://www.gotomeet.me/SouthBurlingtonVT/city-council-meeting11-01-2021 You can also dial in using your phone. +1 (646) 749-3122 Access Code: 635-846-669 Regular Session 6:30 P.M. Monday, November 1, 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 DisbursementsB.*** Approve Vermont Urban & Community Forestry Program grant applicationC.*** Approve an agreement with US Fish & Wildlife Service and Audubon VT toconduct habitat management work at Wheeler Nature ParkD.*** Execute a Stormwater Agreement with Windridge Condominium Association andAccept Related documents for the Stormwater Easement and Permit under the City’sMS4 PermitE.*** Execute a Stormwater Agreement with Hayes Avenue Homeowners Associationand Accept related documents for the Stormwater Easement and Permit under theCity’s MS4 Permit 7.*** Consider approving Resolution amending the Public Art Selection Committee Purpose –Ilona Blanchard, Community Development Director, Penne Tompkins, Chair Public Art Selection Committee (7:00 – 7:20 PM) 8.*** Approve a Tourism and Economic Recovery Marketing grant application – Ilona Blanchard, Community Development Director (7:20 – 7:30 PM) 9. Interview applicants for appointment to South Burlington Development Review Board – Jessie Baker, City Manager (7:30 – 7:50 PM) 10. Consider entering executive session for the purposes of considering appointments to the Development Review Board with the intention to return to regular session to vote (7:50 – 8:10 PM) 11. Reports from Councilors on Committee assignments (8:10 – 8:20 PM) 12. Other Business (8:20 – 8:30 PM) 13. Consider entering executive session for the purposes of discussing pending litigation to which the City is a party and receive confidential attorney/client communications regarding the same. (8:30 – 8:50 PM) 14. Adjourn (8:50 PM) Respectfully Submitted: Jessie Baker City Manager *** Attachments Included VERMONT URBAN & COMMUNITY FORESTRY PROGRAM GROWING URBAN FORESTS IN THE FACE OF EMERALD ASH BORER Grant Application Funding: minimum $3,000, maximum $15,000 MUNICIPALITY: ADDRESS: PROJECT CONTACT PERSON: PHONE: EMAIL: D-U-N-S NUMBER*: FINANCIAL CONTACT PERSON: PHONE: EMAIL: PROJECT TITLE: SUMMARY OF PROJECT (2 sentences maximum): GRANT FUNDING REQUESTED: TOTAL PROJECT COST: *A D-U-N-S number is a unique nine-digit number that identifies business entities on a location-specific basis. To request your D-U-N-S number visit dun & bradstreet. SECTION 1: Applicant Information SECTION 2: Project Information Release Date: August 23rd, 2021 Proposal Due Date: October 29th, 2021 2 Explain your municipality’s current situation regarding its public ash tree population and the threat of emerald ash borer. Provide a succinct statement of need for funding, identifying the opportunities and desired outcomes of the proposed project. Include any information about the public ash tree population and distribution of ash trees in specific areas/neighborhoods (e.g., inventory or survey results), your municipality’s management strategy (e.g., an EAB preparedness plan or any associated urban tree planting or management plans), and who has been or will be involved in making decisions about urban and community forestry management. SECTION 3: Statement of Need Release Date: August 23rd, 2021 Proposal Due Date: October 29th, 2021 3 In table format using action steps and a timeline, provide a list of what your municipality plans on doing, describe how it will be done, and list the measurable results. All projects must be completed by December 31st, 2022. Questions that may answered in this section include, as applicable: • How many trees will be planted through the project, where, when, and of what size and species? • What areas of the municipality will be prioritized for replacement tree plantings or interplanting efforts? • What specific activities will lead to the establishment of a new municipal tree nursery or enhancing an existing municipal tree nursery? Action How will it be done? Measurable Results Timeline 1 Example: Plant 10 trees on the village green to replace 5 removed ash trees. Example: Town will develop an RFP to hire a contractor to source and plant trees in accordance with ANSI standards for tree planting. Example: 4 2” red maple trees planted, 6 2” honeylocust trees planted May 2022 2 3 4 5 6 SECTION 4: What do you plan on doing and how will you do it? Release Date: August 23rd, 2021 Proposal Due Date: October 29th, 2021 4 In concert with the action items entered above, identify who will be involved in the project and their role including services provided, financial contributions, and product donations. Consider the various municipal staff, boards and commissions, citizens, professionals, and non-governmental organizations that can be called upon as partners to support your efforts. If municipal staff will be planting trees, provide details about their qualifications and experience. Questions that can be answered in this section include: • Who will coordinate tree planting efforts and who will ensure proper planting, protection, and maintenance of the planted trees? • Who will coordinate municipal tree nursery activities? Who will maintain (water, weed, prune, etc.) any trees planted in a new or existing municipal tree nursery? • Who will communicate the project to the public and record information for future budget planning or land use planning efforts? SECTION 5: Who will carry out the plan? Release Date: August 23rd, 2021 Proposal Due Date: October 29th, 2021 5 Section 6: Budget A B C D Grant Request Match Total Project Cost Project Component Cash In-Kind/ Donations Personnel (salary and fringe) Materials/Supplies Equipment (purchases of $5,000 or more) Services Travel Other Total Budget Explanation: Provide additional information that will help clarify your budget request. For example, partner contributions or details on expected expenditures. Note: The Total Grant Request (bottom of Column B) must be at least 50% of Total Project Cost (bottom of column D). The remaining balance of Total Project Cost must be covered by Applicant Match and may be divided in any way between cash and in-kind services or donations. Release Date: August 23rd, 2021 Proposal Due Date: October 29th, 2021 6 We understand and commit to the following additional requirements of this Growing Urban Forests in the Face of Emerald Ash Borer grant program: Give permission to VT UCF staff to take and/or publish photographs of project work. At the request of VT UCF staff, at least one site visit and/or a pre- or post-grant review to support information sharing among communities. Required attachments for a complete proposal package: vtcommunityforestry.org/programs/financial-assistance/growing-urban-forests-face-emerald-ash- borer-grants Completed Risk Assessment Questionnaire Municipal Insurance Certificate - refer to Department of Forest, Parks, & Recreation Insurance Guidance for coverage minimums If planning on requesting advance payment of a portion of awarded grant funds (up to one-third of the total award amount), please attest to the following: Our municipality has a written procedure outlining how it will minimize the time lapse between receipt and expenditure of grant funds. Restrictions put in place by the State of Vermont in response to COVID-19 may alter the proposed timeline of awarded grants. Project start dates and any subsequent deliverable dates in grant agreements are subject to change. It is the responsibility of the municipality to ensure that any work conducted under this grant complies with State of Vermont COVID-19 guidance and any related Executive Orders. S end completed applications to: Due to changes in office occupation, electronic submission of applications is strongly encouraged. Email completed proposal and all other required documents as attachments to Jenny.Lauer@vermont.gov. If necessary, municipalities may mail the completed proposal and all other required documents to: Vermont Department of Forests, Parks and Recreation Attn: Jenny Lauer Urban & Community Forestry Program 1 National Life Drive, Davis 2 Montpelier, VT 05620 PROPOSALS DUE: electronically, by close of business Friday, October 29th, 2021 by mail, postmarked by Friday, October 29th, 2021 Additional Requirements and Attachments Changes resulting from delays or complications due to COVID-19: Send completed proposal packet to: 180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov TO: Jessie Baker, City Manager FROM: Ashley Parker, City Project Manager Cc: Andrew Bolduc, Deputy City Manager SUBJECT: Authorize Signature for Partners for Fish & Wildlife Program Landowner Agreement with the US Fish & Wildlife Service to Conduct Habitat Management Work at Wheeler Nature Park DATE: November 1, 2021 In 2019, Audubon Vermont and the US Fish & Wildlife Service approached City staff about an opportunity to conduct habitat management work at the Wheeler Nature Park to support rare and unique bird species. During an initial site visit, City staff (including members of the DPW Parks Crew) met with Margaret Fowle (Audubon VT) and Katie Kain (US Fish & Wildlife) to discuss management work that could be done at Wheeler. Following this meeting, Audubon provided the City with a habitat assessment and bird-friendly management recommendations for Wheeler. This work is part of their Champlain Valley Bird Initiative, which works with landowners to promote effective avian habitat management in the Champlain Valley. Their recommendations are based on habitat requirements of priority bird species that have been identified by the Vermont State Wildlife Action Plan and the North American Bird Conservation Initiative, and are the focus of regional conservation efforts. It should be acknowledged that while these recommendations are bird focused, there are numerous other non-avian species at the park that will also benefit from them. In the management recommendations, Audubon identified early successional habitat types, mixed forests, and wetlands that are well suited to the following priority bird species: American Woodcock, Eastern Towhee, Blue- and Golden-winged Warbler, and Brown Thrasher. Audubon has identified invasive plant removal as being the primary habitat management consideration at Wheeler. Invasive species that are of concern at Wheeler, include: wild parsnip, reed canary grass, buckthorn, and honeysuckle. All of these plants provide suboptimal habitat for many bird species, and many create inhospitable habitats for them if not controlled. It is the management recommendation to focus on invasive plant removal at Wheeler, which would improve habitat availability for the priority birds. This project is eligible for funding through the US Fish & Wildlife Service Partners Program. Audubon Vermont is collaborating with the US Fish & Wildlife (USFWS) and the City on pursuing this funding for this management project. There is no formal application to access the funding, and the USFWS assesses projects on a case-by-case basis as funds become available. To utilize the funding, landowners are 180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov required to enter into a 10-year landowner agreement with the USFWS. This is a funding source that does not require a match by the partner, just a commitment to long-term management and monitoring. The attached agreement outlines the habitat improvement work that is being proposed, and identifies the responsibilities of the project partners, including the City as the landowner. The total cost for this season’s work (to happen in December 2021) is $3,600.00, and the USFWS will cover this through their program. Future project costs will be added to the agreement as funds through this program become available to complete work in the remaining habitat management units. Partner responsibilities are listed in the agreement, and are summarized here: USFWS: - Provide technical & financial assistance, to include: site condition assessments, development of habitat restoration plan, coordination of habitat restoration activities, and long-term monitoring of success City: - Inspect management area periodically - Protect management area from adverse impacts - Long-term maintenance and operation of management area (i.e.: continued brush hogging by staff and hand removal by volunteers) Audubon VT: - Provide technical assistance, to include: site condition assessments, habitat surveys, development of management plan, mist netting and/or bird surveys, coordination of habitat restoration and/or maintenance activities, and long-term monitoring of success Staff Recommendation: Staff recommends that the City Council authorize signature for the Partners for Fish & Wildlife Program Landowner Agreement with the US Fish & Wildlife Service to Conduct Habitat Management Work at Wheeler Nature Park. This invasive plant removal work will support ongoing management efforts by City staff at Wheeler, and will also support additional wildlife species that utilize the park. Management work under this agreement will begin in the winter, possibly as early as December 2021. Encl: Partners for Fish & Wildlife Program Landowner Agreement Wheeler Nature Park Property Bird Habitat Management Recommendations 1 PARTNERS FOR FISH AND WILDLIFE PROGRAM LANDOWNER AGREEMENT This Landowner Agreement (Agreement), dated October 4, 2021, between the City of South Burlington, Audubon Vermont, and the U.S. Fish and Wildlife Service (USFWS) is entered into pursuant to authority contained in the Partners for Fish and Wildlife Act (P.L. 109-294), the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) and the Fish and Wildlife Act of 1956 (16 U.S.C. 742a-j), as amended. This project was selected because the Landowner shares a common objective with the USFWS to restore habitat for the benefit of Federal trust species on private lands, and the project supports priority actions identified in the Regional Partners for Fish and Wildlife (Partners) Program Strategic Plan. City of South Burlington hereby agrees to participate with the USFWS in conducting certain wildlife management practices on lands owned or managed in Chittenden County, State of Vermont, described as follows: Wheeler Nature Park, South Burlington VT, 05403. In signing this Agreement, the Landowners join as a participant in a wildlife habitat improvement program and grants to the USFWS and any other cooperators signing this Agreement authority to complete the habitat improvement project or the Landowners may personally carry out management activities with financial or material support as described in attached Exhibit A. Any donation of supplies or equipment to the Landowners for carrying out the habitat improvements is included in Exhibit A. The activities conducted pursuant to this Agreement are not to replace, supplement or otherwise contribute to any mitigation or compensation that may be required of the Landowners or other parties as a result of any mandated requirements. The term of this Agreement (also referred to as the habitat retention period) will be completed on December 1, 2031. This Agreement may be modified at any time by mutual written consent of the parties. It may be terminated by either party upon 30 days advance written notice to the other party. However, if the Landowner terminates the Agreement before its expiration, or if the Landowner should materially default on these commitments, then the Landowner agrees to reimburse the USFWS prior to final termination for the prorated costs of all habitat improvements placed on the land through this Agreement. For these purposes, the total cost of the habitat improvements to the United States is agreed to be $3,600.00. Landowner: The Landowner or his/her land manager, with legal authority over land management decisions, guarantees ownership of the above-described land and warrants that there are no outstanding rights that interfere with this Landowner Agreement. The Landowner will notify the USFWS and the other cooperating partners of planned or pending changes in ownership. A change of ownership shall not change the terms of this Agreement. The Agreement and terms shall be in effect on the described land for the term of the Agreement. The Landowner agrees to allow access (with advance notice) to the USFWS and the other 2 cooperating partners to implement the project described in Exhibit A, and to monitor project success. The Landowner retains all rights to control trespass and retains all responsibility for taxes, assessments, and damage claims. During the habitat retention period, the landowner must allow the habitat restored under this award to remain in place without interference. The habitat retention period is defined as December 1, 2021-December 1, 2031. Activities that negatively affect the site’s ability to function as intended are prohibited. See page 5, landowner responsibilities, for more details. At the end of the habitat retention period, the habitat improvement project will become the sole property and complete responsibility of the Landowners. There shall be no obligation to the USFWS after the term of the Agreement has expired. The Landowners will be responsible for securing any necessary permits. Technical advice and support will be provided by the USFWS in the application for the permit(s) as needed. The Landowners agree to identify USFWS’ contribution to the project during public presentations, reports, or other information published about the project, as appropriate. The Landowners will be free to remove any structure at his/her own expense at the termination of the Agreement; however, the Agreement does not supersede any Local, State, or Federal regulation that would apply to the removal of any such structure(s). The Landowners will not be responsible for replacing wildlife habitat developments that are damaged or destroyed by severe acts of nature. USFWS: The USFWS will work with the Landowners and any other cooperators signing this Agreement, throughout the entire Agreement term to support actions needed to ensure that the project is designed and constructed per the Agreement and functions as intended. The USFWS, its agents, or assignees will provide advanced notice prior to accessing the Landowner’s property to implement the project described in the work plan, and to monitor project success. The USFWS assumes no liability for damage or injury other than that caused by its own negligence, on the above acreage. The USFWS does not assume jurisdiction over the premises by this Agreement. 3 Spatial Information Sharing: In accordance with the Privacy Act of 1974, permission must be obtained from the Landowner before any personal information can be released. The only information that can be shared is payment information that is authorized by law. Therefore, Landowner consent is requested to allow for sharing of spatial information about this project solely with conservation cooperators providing technical or financial assistance with the restoration, enhancement or management of fish and wildlife habitat. I, the Landowner, consent to having spatial information about this project shared with other conservation cooperators I, the Landowner, do NOT wish to have any spatial information about this project shared with other conservation cooperators Signatures: , Landowner Date , Landowner Date Katie Kain, USFWS Partners for Fish and Wildlife Program Biologist Date Chris Smith, USFWS Partners for Fish and Wildlife Program State Coordinator Date , Audubon Vermont Representative Date 4 EXHIBIT A The habitat improvements described below are agreed to by City of South Burlington, the USFWS, and other cooperating parties in a Landowner Agreement dated October 4, 2021. Description of Habitat Improvement Project and Objectives: Location: Wheeler Nature Park is an undeveloped 140 acre park in South Burlington, VT. The park is located to the east of Dorset Street and to the south of Swift Street. Site description: Wheeler Nature Park is open to the local community for hiking, cross-country skiing, and snowshoeing. The park is a mosaic of open fields, shrubland habitat, young forest, and mature forest. The shrubland and young forest habitats are heavily impacted by woody invasive species, such as common buckthorn and non-native honeysuckles. Habitat restoration methods: This agreement is focused on enhancement activities to improve habitat for golden-winged warbler and other shrubland bird species. Additional appendices for other habitat restoration or enhancement activities may be added to this agreement in the future. Audubon Vermont and the USFWS have been working with private landowners and towns for several years to improve habitat for the golden-winged warbler and other shrubland bird species. Golden-winged warblers are one of Vermont’s rarest warblers, and they are considered a species of special concern or a species of greatest conservation need in many states. The golden-winged warbler depends on early successional and regenerating young forest habitats; it has declined throughout its range as suitable young forest has regenerated to closed canopy conditions. Habitat management will be accomplished through manual and/or chemical removal of tree species and/or non-native woody species within the management area. Species targeted for removal will be mulched to the ground surface using a brontosaurus mulching head mounted on a mini excavator. Stumps and/or regrowth may be treated with herbicide to reduce regeneration in the project area. Any herbicide application will be completed by a licensed herbicide applicator with town concurrence. Following treatment, project areas will be brush-hogged by the city on a prescriptive schedule to maintain early-mid successional states (see “Wheeler Park Management Recommendations”, Audubon & USFWS 2020). Treatments may be applied throughout the entire project area over the course of several years in order to establish a more diverse successional regime. In the winter of 2021-2022, Units 1 and 2 (see attached map) will be targeted for the first round of woody invasive removal. Follow-up chemical treatment may occur during the growing season of 2022 or 2023, with city concurrence. Habitat restoration objectives: The goal of this project is to manage for early successional habitat and native species that are suitable for the golden-winged warbler in order to increase breeding pairs in the city of South 5 Burlington. Golden-winged warblers are known to breed in the immediate area and several individuals have been observed in the City of South Burlington. USFWS will: The USFWS Partners for Fish and Wildlife program will provide technical and financial assistance to this project. Technical assistance may include: site condition assessments, development of a habitat restoration plan, coordination of habitat restoration activities, and long- term monitoring of restoration success. Financial assistance includes the cost of initial early successional habitat management treatments. The Landowner(s) will: The landowner will inspect the management area periodically and protect it from adverse impacts such as excessive vehicular use, pest infestations, livestock damage, and fire. Maintenance and operation of the management area will be the sole responsibility of the landowner. A more detailed recommended management schedule will be added to this agreement at a later date (see “Wheeler Park Management Recommendations”, Audubon & USFWS 2020). All conservation practices must be completed and reimbursable invoices submitted by December 1, 2025. Extensions for practice implementations may be granted with concurrence from the USFWS, Partners for Fish and Wildlife Program representative. Landowner adherence to the agreement will be monitored by the USFWS and Audubon Vermont. The other Cooperator(s) will: Audubon Vermont staff will provide technical assistance to this project, such as: site condition assessments and habitat surveys, development of a management plan, mist netting and/or bird surveys, coordination of habitat restoration and/or maintenance activities, and long-term monitoring of project success. 6 Budget Table: These tables will be updated as more practices are completed. Total Potential USFWS Contribution: Practice Amount Cost/unit Total Manual clearing of invasive woody species up to 24 ac $1,200.00 $28,800.00 Total $28,800.00 Partner Contributions by Year: Practice Cost-share percentages by partner Audubon Vermont USFWS Partners Program Totals 2-3 acres of treatment by Vermont Land Maintenance, year 1 (Winter 2021-2022) in-kind technical assistance $3,600 $3,600 Cost of work in future years will be added as needed % of Total Cost 0% 100% 100% Totals $0 $3,600 $3,600.00 Any work to be completed may be modified with the mutual agreement of the aforementioned parties. Unit 1 Unit 1 Unit 2 Unit 3 Open field VCGI U.S. Fish & Wildlife Service Datum: NAD 83 /The USFWS makes no warranty for use of this map and cannot be held liable for actions or decisions based on map content. This map depicts areas of potential management to enhance wildlife habitat on private land.Map image is the intellectual property of Esri and is used hereinunder license.Copyright © 2019 Esri and its licensors. All rights reserved. 0 75 Meters 0 250FeetProduced in the Partners for Fish & Wildlife Program Lake Champlain Fish and Wildlife Conservation Office Essex Junction, VermontProduced: October 2, 2020 September 2020Wheeler Park, South Burlington Habitat Unit 1: Open shrubland, 4.3 acres Habitat Unit 2: Mature shrubland, 4.1 acres Habiat Unit 3: Young forest, 15.7 acres Open field/Pollinator habitat, 6.4 acres Wheeler Nature Park Property Bird Habitat Management Recommendations Margaret Fowle Audubon Vermont 255 Sherman Hollow Rd Huntington, VT 05462 Katherine Kain US Fish & Wildlife Service Partners Program 11 Lincoln Street Essex Junction, VT 05452 October 2020 Wheeler Park Management Recommendations, 2020 pg. 1 Background Information The following pages provide a habitat assessment and bird-friendly management recommendations for Wheeler Nature Park in South Burlington, Vermont. The assessment is part of Audubon Vermont’s Champlain Valley Bird Initiative, which works with landowners to promote effective avian habitat management in the Champlain Valley. These recommendations are based on habitat requirements of priority bird species that have been identified by the Vermont State Wildlife Action Plan (VSWAP) and the North American Bird Conservation Initiative (NABCI), and are the focus of regional conservation efforts (see Appendix 1). Although this report is concerned primarily with habitat management for birds, numerous non-avian species will also benefit from its recommendations. Wheeler Nature Park is located in Lower Great Lakes/St. Lawrence Plain Bird Conservation Region (BCR 13) as delineated by NABCI. The Lower Great Lakes/St. Lawrence Plain encompasses a narrow, low-lying plain stretching from the Champlain Valley west to Northeastern Ohio and surrounds the St. Lawrence River, and lakes Erie, Ontario and Champlain (Figure 1). Figure 1. The Lower Great Lakes/St. Lawrence Plain (BCR 13) shown in green. This BCR is comprised of extensive wetland ecosystems, accompanied by a mosaic of forests, agricultural fields and early-successional habitat (abandoned fields reverting to shrubland or young forests). The Champlain Valley of Vermont and New York has been identified as a Focus Area within BCR 13 because its mixed habitat types and open water are home to a number of BCR13’s priority bird species. Wheeler Nature Park comprises approximately 104 acres of open field, young forest/shrubland, wetland, and mature forest. The young forest/shrubland areas cover approximately 18 acres, Wheeler Park Management Recommendations, 2020 pg. 2 and the open fields cover approximately 8 acres. The early successional (ESH) habitat areas at Wheeler Park are in two main categories: open fields and shrublands. Recommendations have been separated into these groupings, and the shrublands have been further divided based on their habitat management needs. Current management activities include annual cutting of the open fields and areas between shrub thickets, as well as some invasive shrub species management. The habitat types on Wheeler Nature Park are common in the Lake Champlain Basin and support bird species characteristic of early successional habitat types, mixed forests, and wetlands. Priority Bird Species (as identified by VWAP, NABCI and Audubon Vermont; Appendix 1) that are particularly well suited to these habitat types include American Woodcock, Eastern Towhee, Blue- and Golden-winged Warbler, and Brown Thrasher. This assessment is not intended to conflict with any agreements the Town of South Burlington may have with town departments, local farmers, or existing habitat management plans and conservation easements. Audubon Vermont recognizes that these relationships and strategies may take precedence over some of the following recommendations. Recommendations Guidelines for Open Field Management: Assessment of Current Habitat Conditions: The open fields are currently dominated by grasses and forbs, including goldenrod, aster, and milkweed. These fields are too small to support grassland birds such as Bobolink, and therefore we recommend that they are managed to support pollinators in the late summer and fall, and cavity-nesting birds such as American Kestrel, Eastern Bluebird and Tree Swallow. Recommendations for open fields 1) Cutting Regime & Other Management a. Delay cut (after October 1, and the later the better) so as to provide food resources for birds and pollinators. b. Avoid invasion of invasive plants such as reed canary grass, wild parsnip and spotted knapweed where possible. c. If possible, maintain an uncut buffer of shrubby vegetation along the field edges. Transitioning from field to forest with a “soft” buffer of early successional shrub species can be a productive area for many bird species. 2) Nest Boxes a. Follow guidelines for Eastern Bluebird Nest Boxes to erect boxes for bluebirds and swallows: http://www.nabluebirdsociety.org/nestbox-plans/ b. Follow guidelines for American Kestrel to erect boxe(s): https://nestwatch.org/learn/all-about-birdhouses/birds/american-kestrel/ Wheeler Park Management Recommendations, 2020 pg. 3 3) Habitat components to achieve for Open Field habitat unit a. 50-75% grasses, with the remainder forbs such as goldenrod, asters and milkweed b. Minimal (<10%) reed canary grass, where possible c. No wild parsnip where feasible Guidelines for Shrubland Management: Assessment of Current Habitat Conditions: Much of the shrubland habitat in Wheeler Park appears to support priority bird species, but there is the need to create more structure in some areas and set back succession in others so as to optimize the habitat. We have broken down the shrubland areas into smaller habitat units so as to specify some of the habitat improvement needs for each (see Map). General guidelines have been listed first, and each unit has a list of specific recommendations below. For the bulk of these recommendations, mechanical equipment such as a bull hog or grinder will be required for the initial treatment; brush hogging and some possible herbicide treatments will be necessary for any follow-up and maintenance work. General Guidelines for Shrubland Bird Management, focusing on Golden- winged Warblers (Golden-winged Warbler Working Group 2013): 1) General Goals for each Habitat Unit a. Interspersed clumps of shrubs and saplings and small areas of grasses and forbs b. Widely spaced trees (>9” diameter) standing alone or in small patches c. Adjacent mature forest 2) Habitat Components to Achieve for each Habitat Unit a. 30-70% shrubs and saplings, 3-8 feet high, unevenly distributed as clumps b. Shrub and sapling clumps interspersed with small herbaceous openings, mainly of native forbs and grasses c. Infrequent and widely spaced overstory trees throughout the patch, with 10-30% canopy cover and at least 50% deciduous overstory trees. Habitat Unit 1: Open Shrubland: 4.3 acres  Brush hog existing openings in the open field and along the edges every 3-5 years to maintain this habitat  Target some invasive species for removal  Brush hog around small dogwoods and other native shrubs such as nannyberry (flagging would be necessary) to allow them to grow and expand  Allow some native saplings to grow so as to create perching and singing trees Habitat Unit 2: Mature Shrubland: 4.1 acres  Remove invasive plants (primarily honeysuckle and buckthorn) to create openings Wheeler Park Management Recommendations, 2020 pg. 4  Grind tall (more than 8-10 ft) dogwood thickets to allow for regrowth and height diversity  Retain existing trees such as elm, oak, and ash  Maintain openings with brush hog in subsequent years (cut every 3-5 years) Habitat Unit 3: Young Forest: 4.8 acres  Use heavy mechanical grinding to create forb openings, as there is little-no existing forb component  Invasive plant removal (primarily buckthorn and honeysuckle) would create some necessary openings  Tall (more than 8-10 ft) dogwood thickets should be ground down to allow for regrowth and height diversity  Remove small deciduous trees and softwoods such as red cedar and white pine while leaving some large deciduous trees in small patches  Maintain openings with brush hog in subsequent years (cut every 3-5 years) Invasive Plant Species As with many properties within the Champlain Valley, especially those currently in agriculture and with past agricultural activity, invasive plant species present a unique challenge. Invasive species, such as wild parsnip, reed canary grass, buckthorn, and honeysuckle provide suboptimal habitat for many bird species, and are all present on the Wheeler Park property. Specifically, wild parsnip and reed canary grass pose a threat to grassland birds, and will make a field inhospitable to grassland species if not controlled. In addition, wild parsnip is toxic to humans and other domestic animals and therefore is worthwhile to control. Although removal of invasive species would be optimal, the logistics of accomplishing this task are extremely difficult. This is due in part to the extensive distribution of the plants on the property as well as the presence of seed sources on adjacent properties. Even if the invasive plants were to be eradicated, a long-term effort would be needed to prevent re-establishment of these species. As a result a much more intensive work plan, separate from this document, would need to be created if invasive plant removal is to be undertaken. In general, however, we recommend that invasive species are removed from areas where they are manageable, accessible, near non-infested areas, or near unique natural communities. Some general guidelines for invasive plant removal are listed below:  Wild parsnip: manage the invasion of wild parsnip by keeping mower blades at a height of 8 inches or more, and cut areas where parsnip is found before the plants go to seed (usually first or second week of July). A second cut may be needed if the plant reflowers. If wild parsnip invasion is minimal, it may be possible to remove individual plants by slicing the taproot and removing the top portion by hand (gloves are required to avoid the blister producing sap). A sharpened spade can be placed near the plant and Wheeler Park Management Recommendations, 2020 pg. 5 angled so the blade slices the root a couple of inches below ground. The severed root stub can be pulled up by the stem. The root fragment left behind will die later since it lacks mass and crown buds to re-sprout.  Buckthorn and honeysuckle: manage further invasion of these species when brush hogging early successional areas. Annual brush hogging or manual removal of these shrubs can help the establishment of native shrubs such as dogwoods, serviceberry, and blackberries. Maintaining native shrubs along forest edges can also help prevent invasive species from establishing themselves in the forest understory. Habitat Incentive Programs The Town of South Burlington is eligible for funding through the US Fish and Wildlife Service (USFWS) Partners Program. More information on the work this program funds can be found at: https://www.fws.gov/lcfwro/habitat/partners.html . Audubon Vermont is collaborating with the Town and USFWS to pursue this option. There is no formal application for funding; the USFWS assesses projects on a case-by-case basis as funds become available. Landowners are required to enter into a 10-year landowner agreement with the USFWS; this agreement describes all habitat improvement work to be completed and identifies the responsibilities of the project partners and the landowner. Summary and Next Steps Wheeler Nature Park has the potential to provide habitat for a number of priority species identified by Audubon’s Champlain Valley Bird Initiative. Many of its current management techniques are likely supporting priority bird species such as American Woodcock, Eastern Towhee, Rose Breasted Grosbeak, and Chestnut-sided Warbler. Future management work can enhance and increase the potential for these habitats to support additional species long-term, and have a positive impact on the populations of these birds in Vermont. Audubon Vermont recommends prioritizing areas for management according to need, ease of access, and potential benefit vs. cost. In general, removing and controlling the invasive plants and adjusting mowing regimes to allow for small shrubs to establish themselves in the open shrubland areas should be the highest priorities. References Grassland Bird Management Guide, NRCS: https://directives.sc.egov.usda.gov/OpenNonWebContent.aspx?content=27175.wba Wheeler Park Management Recommendations, 2020 pg. 6 Shrubland Bird Management Guide, NRCS: https://efotg.sc.egov.usda.gov/references/public/VT/VT647.pdf Invasive Plant Control Guide, NRCS: https://efotg.sc.egov.usda.gov/references/public/VT/315_InvPlantControlGenInfo.pdf Vermont Breeding Bird Atlas: http://val.vtecostudies.org/projects/vermont-breeding-bird-atlas/ Wheeler Park Management Recommendations, 2020 pg. 7 Appendix 1. Champlain Valley Priority Bird List Wetlands Shrub/Early Successional Pied-billed Grebe 1,2 American Woodcock 1,2 American Bittern 1,2 Brown Thrasher 1,2 Least Bittern 1,2 Eastern Towhee 1 Wood Duck 2 Willow Flycatcher 2 Common Goldeneye 2 Golden-winged Warbler 1,2 American Black Duck 1,2 Blue-winged Warbler 1,2 Sora 1 Field sparrow 1,2 Blue-winged Teal 1 Baltimore Oriole 2 Bald Eagle 1 Osprey1 Black Tern 1 Agricultural Grasslands Deciduous/Mixed Forest American Kestrel 1 Scarlet Tanager 1 Northern Harrier 1,2 Black-billed Cuckoo 1,2 Short-eared Owl 1,2 Whip-poor-will 1 Upland Sandpiper 1,2 Veery 1 Sedge Wren 1 Wood Thrush1,2 Vesper Sparrow 1 Canada Warbler1,2 Grasshopper Sparrow 1,2 Ruffed Grouse 1 Bobolink 1,2 Peregrine Falcon 1 Eastern Meadowlark 1,2 Chestnut-sided Warbler 1 Black-throated Blue Warbler1,2 Cerulean Warbler 1,2 Islands Northern Flicker 2 Great Blue Heron 1 Rose-breasted Grosbeak 2 Black-crowned Night Heron 1,2 Common Tern 1,2 1 Vermont’s Species of Greatest Conservation Concern from the Vermont Wildlife Action Plan 2 Bird Conservation Region 13 (Lower Great Lakes/St. Lawrence Plain) Priority Bird Species from the North American Bird Conservation Initiative Memo To: South Burlington City Council From: Dave Wheeler, Stormwater Superintendent CC: Jessie Baker, City Manager Tom DiPietro, Deputy Director of Environmental Services Date: October 26, 2021 Re: Acceptance of Windridge Stormwater Easement & Stormwater Permit Under the City’s MS4 Permit Section 7.1 of the City’s “Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems” describes a process by which residential property owners can improve their stormwater systems and turn them over to the City. Once improvements are complete, and these systems are accepted by City Council, the Stormwater Superintendent can then work with the State of Vermont Department of Environmental Conservation (the stormwater permitting agency) to take these existing permits and include them under the City’s MS4 Permit authorization. This process provides the property with valid State stormwater permit coverage. The City previously worked with the Windridge Condominium Association, which is covered by State of Vermont stormwater permit 2-0824, to provide treatment of stormwater runoff originating on their property. This was achieved by modifying drainage pipes and directing runoff to existing City maintained stormwater treatment practices along Kennedy Drive. At the time that this work was completed, the Association provided the City with a signed easement deed and MS4 Permit Coverage Agreement (attached). These documents enable the City to access stormwater infrastructure on Windridge property and authorizes the City to provide valid State stormwater permit coverage under our existing MS4 permit. Included with this memo is an easement plan, easement deed signed by the Association, and a legal agreement related to moving the expired 2-0824 permit under the City’s MS4 permit. These documents have been reviewed and approved by the City’s internal legal counsel. I recommend that Council votes to accept the proposed easement and provide coverage for State stormwater permit 2-0824 under the City’s MS4 permit. If you have any questions, please contact me at (802) 658 – 7961 x6108 or dwheeler@sburl.com. KENNEDY DRIVENOTES:SITE PLAN1KENNEDY DRIVE STORMWATER PONDS 5 & 6 IMPROVEMENT PROJECT 107873 107873 E-1.0E-1.01KENNEDY DRIVE POND 5 EASEMENT PLAN SURVEY DATAHORIZONTAL DATUM:VERTICAL DATUM:SYMBOLDESCRIPTION Memo To: South Burlington City Council From: Dave Wheeler, Stormwater Superintendent CC: Jessie Baker, City Manager Tom DiPietro, Deputy Director of Environmental Services Date: October 21, 2021 Re: Acceptance of Hayes Avenue Stormwater Permits Under the City’s MS4 Permit Section 7.1 of the City’s “Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems” describes a process by which residential property owners can improve their stormwater systems and turn them over to the City. Once improvements are complete, and these systems are accepted by City Council, the Stormwater Superintendent can then work with the State of Vermont Department of Environmental Conservation (the stormwater permitting agency) to take these existing permits and include them under the City’s MS4 Permit authorization. This process provides the property with valid State stormwater permit coverage. The City previously worked with the properties covered by State of Vermont stormwater permit 2- 0848 to upgrade their stormwater treatment system. At the time that this work was completed there was no way to renew expired State stormwater permits located in stormwater impaired watersheds. The homeowner associations and the City agreed to pursue valid permit coverage for these properties at such time as the State of Vermont made a path to permit coverage available. DEC’s issuance of the new 3-9050 permit, known as the “three-acre general permit,” and recent revisions to the City’s Ordinance have made this possible. Included with this memo are legal agreements related to moving the expired 2-0848 permit under the City’s MS4 permit. These documents have been reviewed and approved by the City’s outside legal counsel. I recommend that Council votes to provide coverage for State stormwater permit 2- 0848 under the City’s MS4 permit. If you have any questions, please contact me at (802) 658 – 7961 x6108 or dwheeler@sburl.com. 1 of 18 STORMWATER SYSTEM MS4 PERMIT COVERAGE AGREEMENT This Stormwater System MS4 Permit Coverage Agreement, effective this ____ day of ______________, 2021, (the “Agreement”) is by and between the CARDINAL WOODS CONDOMINIUM (CLUSTER 1) ASSOCIATION, INC., the CARDINAL WOODS CONDOMINIUM (CLUSTER 2) ASSOCIATION, INC., the CARDINAL WOODS CONDOMINIUM ASSOCIATION 3, INC., the CARDINAL WOODS CONDOMINIUM ASSOCIATION CLUSTER 4, INC., the CARDINAL WOODS HOMES OWNERS ASSOCIATION, INC., the FOXCROFT HOMEOWNERS ASSOCIATION, the FOXCROFT TOWNHOUSE ASSOCIATION, INC., the KINSINGTON COURT HOMEOWNERS’ ASSOCIATION, INC., all being non-profit incorporated and unincorporated condominium and homeowners’ associations located in the City of South Burlington, County of Chittenden and State of Vermont, hereinafter referred to as the “Associations,” and the CITY OF SOUTH BURLINGTON, a Vermont municipality in the County of Chittenden and State of Vermont, hereinafter referred to as the “City”. W I T N E S S E T H: WHEREAS the Associations are organizations whose membership includes the owners of units in Cardinal Woods Clusters 1-4 Condominiums; Cardinal Woods Condominium (Cluster 1) Association, Inc., being subject to a document entitled “Declaration Cardinal Woods Condominium (Cluster 1),” dated December 19, 1980, and recorded in Volume 168, Page 196 of the City of South Burlington Land Records, and as amended; Cardinal Woods Condominium (Cluster 2) Association, 2 of 18 Inc., being subject to a document entitled “Declaration Cardinal Woods Condominium (Cluster 2),” dated July 31, 1981, and recorded in Volume 176, Page 54 of the City of South Burlington Land Records, and as amended; Cardinal Woods Condominium Association 3, Inc., being subject to a document entitled “Declaration Cardinal Woods Condominium (Cluster 3),” dated February 15, 1984, and recorded in Volume 201, Page 103 of the City of South Burlington Land Records, and as amended; Cardinal Woods Condominium Association Cluster 4, Inc., being subject to a document entitled “Declaration Cardinal Woods Condominium (Cluster 4),” dated June 3, 1982, and recorded in Volume 181, Page 178 of the City of South Burlington Land Records, and as amended; and Cardinal Woods Homes Owners Association, Inc., being subject to a Declaration of Covenants, Conditions and Restrictions, dated December 19, 1980, and recorded in Volume 168, Page 189 of the City of South Burlington Land Records, and as amended; owners of homes in the Foxcroft residential subdivision being subject to a Declaration of Covenants, Conditions, Easements, Obligations, Liens, Rights and Restrictions, dated October 4, 1985, and recorded in Volume 214, Page 13 of the City of South Burlington Land Records, and as amended; owners of townhouses in the Foxcroft townhouse condominium being subject to a document entitled “Declaration of Condominium, Foxcroft, a Condominium, South Burlington, Vermont,” dated July 15, 1987, and recorded in Volume 248, Page 409 of the City of South Burlington Land Records, and as amended; and owners of units in the Kinsington Court Condominiums, being subject to a Declaration of Condominium for Kinsington Court Condominium, dated 3 of 18 October 20, 1999, and recorded in Volume 464, Page 322 of the City of South Burlington Land Records, and as amended (the condominiums and subdivision collectively being known as the “Condominiums and Subdivisions” herein); and WHEREAS, the Vermont Agency of Natural Resources (the “Agency” herein) issued Discharge Permit No. 6553-INDO (the “Permit” herein) to the City and the Associations, authorizing a discharge of stormwater runoff from the impervious surfaces of the Condominiums and Subdivisions to an unnamed tributary of Potash Brook, which required construction and maintenance of certain improvements within the Condominiums and Subdivisions to manage the discharge of stormwater; and WHEREAS, the original Permit issued to the neighborhood (2-0848) has expired and will require renewal under the State of Vermont Stormwater General Permit 3-9050; and WHEREAS, the City adopted an ordinance entitled, “Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems,” dated July 6, 2021, (the “Ordinance” herein), which regulates the discharge of stormwater in the City and establishes the City’s regulations for the acquisition of residential stormwater systems in the City; and WHEREAS, the City is willing to accept responsibility for providing permit coverage and maintaining stormwater systems for residential subdivisions and condominiums in the City that discharge into stormwater impaired waters pursuant to the City’s General Permit for Small Municipal Separate Storm Sewer 4 of 18 Systems No. 7027-9014.A1RA1A1 (the “MS4 Permit”), provided the Associations comply with Ordinance § 7.1, as amended, and provided further that the Associations have dedicated or conveyed an easement deed to the City for access to and maintenance of the stormwater system improvements; and WHEREAS, the Associations conveyed easements and rights-of-way to the City by four Easement Deeds, recorded in Volume 1271, Pages 222 through 255 of the City of South Burlington Land Records, for access to and maintenance of stormwater system improvements, which are identified on a plan entitled, “Hayes Avenue, Stormwater System Improvements, South Burlington, Vermont, Site, Stormwater Easements,” prepared by Engineered Solutions, P.C., dated April 19, 2011, which is on-file with the City’s Department of Public Works and recorded with the aforesaid Easement Deeds in the City of South Burlington Land Records (the stormwater system improvements shown on the plans are collectively the “Stormwater System” herein, the above-referenced plan is the “Plan” herein, and the interest conveyed to the City to maintain such improvements is the “Easement” herein); and WHEREAS, if the City accepts responsibility for covering the Associations’ discharge from the Stormwater System under the MS4 Permit, it is willing to accept such responsibility subject to certain terms and conditions; and WHEREAS, the Associations and their members desire to have the City assume responsibility for covering the Associations’ discharge from the Stormwater System under the MS4 Permit. 5 of 18 NOW THEREFORE, in consideration of these mutual premises and other good and valuable consideration, the Associations, acting by and through their Boards of Directors, and the City, acting through its City Council, covenant and agree as follows: 1. The Associations hereby appoint the City to take any and all actions which the City, in the reasonable exercise of its discretion, deems as appropriate to operate, maintain, repair, replace, improve and upgrade the Associations’ Stormwater System in accordance with the MS4 Permit and the City’s Ordinance. 2. The City hereby accepts said appointment. 3. The City will operate, maintain, repair, replace, improve and upgrade the Associations’ Stormwater System, and will perform any routine inspections, monitoring, reporting, and certifications of the Stormwater System required by the Agency and the MS4 Permit. 4. The City agrees that for a period of twenty (20) years from the date of this Agreement, the City will not seek to recover from the Associations or their individual members any costs incurred by the City for operating, maintaining, repairing, replacing, improving and upgrading the Stormwater System or for performing any routine inspections, monitoring, reporting, and certifications of the Stormwater System required by the Agency and the MS4 Permit, other than the fee generally assessed to owners of property with impervious surfaces in the City, except as provided in Ordinance § 7.1(F), including but not limited to the following circumstances: 6 of 18 a. The Agency’s issuance and/or renewal of the MS4 Permit for the Stormwater System and other similar systems in the City requires a capital improvement or upgrade of the Stormwater System, including but not limited to, changes to requirements for stormwater discharges, that does not result from the City’s improvement, upgrade or expansion of the Stormwater System to treat additional stormwater; b. In the event of a need to remedy damage caused by the Associations; or c. In the event an extreme unforeseen circumstance, as defined by Ordinance § 7.1(F)(2), requires extraordinary repair and reconstruction measures unique to the Stormwater System. 5. The Associations shall pay any such assessment or surcharge imposed pursuant to Paragraphs 4(a)-(c), above, within thirty (30) days of the City’s delivery to the Associations of an invoice for such assessment or surcharge. If the Associations fail to pay said invoice in full within thirty (30) days, any unpaid assessments or surcharges shall be collectable pursuant to Ordinance § 6.4, as amended. 6. If the City determines, in the reasonable exercise of its discretion, that compliance with the MS4 Permit, as amended, requires acquisition of additional easements or other interests in land to accommodate stormwater system improvements or additional stormwater, the Associations and their members will not challenge the necessity of or require any compensation for the acquisition of 7 of 18 such easements or other interests. In connection therewith, the Associations and their members acknowledge and agree that: a. they have been informed of their right to receive just compensation based upon an appraisal for property and/or rights to be acquired from them by the City to accommodate stormwater system improvements; b. they have been informed of the full effect of the City’s construction of such stormwater system improvements on their property; and c. they have been duly informed of any and all their rights and eligibility under the “Uniform Relocation and Assistance and Land Acquisition Policies Act of 1970,” as amended. Having been so informed, the Associations and their members by the Associations’ execution of this Agreement do hereby waive their rights to appraisal, compensation, payments and/or other benefits, if any, to which they would be entitled as a result of the City’s acquisition of additional easements or other interests in land to accommodate stormwater system improvements. 7. By its provision of coverage for the Stormwater System under the MS4 Permit and except in the case of the City’s negligence or willful misconduct, the City expressly disavows responsibility for, and the Associations agree that the Associations or their members will be solely responsible for, the installation, maintenance, operation, repair and replacement of the following and all costs and fees related thereto, all as shown on the Plan: a. Any vegetation or landscaping located outside the Easement; 8 of 18 b. Building and recreation-related structures, retaining walls or other structures (excluding the Stormwater System), such as pools, fences, mailboxes, decks or stairs, that may be affected by the City’s use of the Easement; and c. The stormwater components on the Associations’ property that are outside of the Easement, including but not limited to ditches or swales, roof, floor, foundation, footing and yard drainage pipes, to the point where said pipes and appurtenances either connect to the catch basins or City-maintained infrastructure within either the Easement or the City’s road rights-of-way. (collectively, the “Association’s Stormwater Infrastructure”). 8. This Agreement shall be held in escrow until such time as the Agency formally transfers responsibility for permit coverage of the Stormwater System to the City, at which time, the City shall record this Agreement in the City of South Burlington Land Records. 9. By the parties’ execution, and the City’s subsequent recording, of this Agreement, the Associations and the City agree that four prior Stormwater System Maintenance Agreements are hereby terminated, void and of no further force and effect. The Foxcroft Homeowners’ Association, Inc. Stormwater System Maintenance Agreement that is terminated is dated January 31, 2012, and recorded in Volume 1089, Pages 123-28 of the City of South Burlington Land Records, and the other three Stormwater System Maintenance Agreements with the Cardinal Woods associations, Kinsington Court Homeowners’ Association, Inc. and the 9 of 18 Foxcroft Townhouse Association, Inc. that are terminated hereby are dated June 19, 2012, and recorded in Volume 1089, Pages 101-115 and 136-141 of the City of South Burlington Land Records. 10. The City and the Associations shall reasonably cooperate to ensure compliance with the MS4 Permit. In the event the Stormwater System does not comply with any new or amended MS4 Permit requirements and the Associations will not allow the City to take such actions it deems necessary to comply with the MS4 Permit, as determined in the City’s sole discretion, the City may provide sixty (60) days’ advanced written notice by certified mail to the Associations of its intent to terminate this Agreement. If said sixty (60) day period passes without a cure of the Stormwater System’s noncompliance with the MS4 Permit, the City may terminate this Agreement by mailing a written notice of termination to the Associations and recording a copy thereof in the City of South Burlington Land Records. 11. Notwithstanding Paragraph 10, above, this Agreement may terminate on or after the twentieth (20th) anniversary of the date hereof. Thereafter, the obligations of the City and the Associations regarding the Stormwater System shall be those imposed by law. In the event of such termination, the City shall forthwith reconvey the Stormwater System and the Easement to the Associations and take the action necessary to transfer the Permit to the Associations. Upon transfer of the Permit to the Associations, the City shall pay its pro-rata share of the Permit’s annual operating fee, based on the respective impervious surface area owned by the 10 of 18 City and the Association, if the Agency does not waive and assesses said operating fee. 12. This Agreement shall be recorded in the City of South Burlington Land Records. 13. This Agreement may only be amended by written agreement of the parties. 14. This Agreement shall be binding upon the parties hereto and their respective successors and assigns. 15. This Agreement may be executed in one or more counterparts, each of which will be deemed an original, but together will constitute one and the same instrument. DATED this ____ day of __________________, 2021. CITY OF SOUTH BURLINGTON By: ____________________________ Jessie Baker, City Manager and Duly Authorized Agent STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At South Burlington, Vermont, this _____ day of _____________, 2021, personally appeared Jessie Baker, City Manager and Duly Authorized Agent of the CITY OF SOUTH BURLINGTON, and he acknowledged this instrument, by him subscribed, to be his free act and deed, and the free act and deed of the CITY OF SOUTH BURLINGTON. Before me, _______________________________ Notary Public My Commission Expires: 1/31/21 My Commission #: 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.c om To: Jessie Baker, City Manager From: Ilona Blanchard, Project Director Subject: Resolution to amend membership of the Public Art Selection Committee Date: October 26, 2021 Background: In 2015, the City Council approved a resolution creating a Public Art Selection Committee (Committee). The resolution was amended in 2016 to change the composition to a single committee from a bi-committee structure (with the now defunct Design Review Committee). This did not alter the 2015 resolution purpose statement which limits the committee to the selection of public art for City Center at the direction of the City Council. Since then, the City Council has charged the committee with managing the Public Art Gallery at 180 Market Street. The committee has also been meeting for five years and successfully overseen the selection and commissioning of two public art pieces and launched the gallery. They have a strong interest in expanding their responsibilities. The draft resolution attached for review would amend the 2015 resolution to add two additional purposes to the committee – to advise the Council on matters related to art and to actively support arts and artists within South Burlington. The proposed resolution furthermore removes the word “Selection” from the name of the committee so that it becomes the Public Art Committee. Attachments: • Resolution amending the Public Art Selection Committee Purpose and changing the name to Public Art Committee: A Resolution Amending the Public Art Committee Charge • February 2015 Approved Resolution Establishing a Public Art Selection Committee • FY 2022 Approved Committee Work Plan Recommendation: Listen to the presentation by the Public Art Selection Committee and consider approving the resolution R-2021- RESOLUTION A RESOLUTION AMENDING THE PUBLIC ART COMMITTEE CHARGE WHEREAS, the City of South Burlington, Vermont recognizes the transformative power of art and importance of public art in establishing identity; and, WHEREAS, the South Burlington City Council established a Public Art Selection Committee in 2015 to make recommendations at the request of the City Council on the selection of artists for, and acquisition of, permanent public art located on property owned or controlled by the City including public facilities; and, WHEREAS, the Public Art Selection Committee has now recommended and guided the installation of two public art pieces and manages the public art gallery at 180 Market Street; and, WHEREAS, the Committee members have a strong interest in public art and willingness to do more to foster art in, for, and by the South Burlington community. NOW, THEREFORE, BE IT RESOLVED that the South Burlington City Council hereby amends the Purpose of the Public Art Selection Committee as follows: 1. Purpose. The purpose of the Committee is to: a) make recommendations at the request of the City Council on the selection of artists and acquisition of permanent public art located on property owned or controlled by the City including public facilities; b) advise the City Council on planning and policy matters related to art; and c) conduct, organize or engage in activities that support art and artists as a path to strengthen, transform and foster community within our diverse, growing, and evolving City. BE IT FURTHER RESOLVED that the committee moving forward shall be known as the Public Art Committee. APPROVED this _____ day of ________________________. SOUTH BURLINGTON CITY COUNCIL __________________________________ ________________________________ Helen Riehle, Chair Meaghan Emery, Vice-Chair __________________________________ ________________________________ Tim Barritt, Clerk Tom Chittenden __________________________________ Matt Cota FY 22 ANNUAL WORK PLAN: Action Items Worksheet Public Art Selection Committee Goal*Objective Strategy Action Items Planned Completion Date Resources Needed Partners Affordable and Community Strong: Creating a robust sense of place and opportunity for our residents and visitors 12, 14, 42 28, 36, 97 Mount and publicize four shows in the public art gallery at 180 Market Street. Quarterly - first show opened August 2021 Staff Support, Public Information Resources City Staff, Curator, Artists Affordable and Community Strong: Creating a robust sense of place and opportunity for our residents and visitors 12, 14 28, 36 Develop content for the Residents/Public Art page on the City website. November 2021 Staff Support, Public Information Resources City Staff Affordable and Community Strong: Creating a robust sense of place and opportunity for our residents and visitors 12, 14, 42 28, 36, 97 Broaden the Public Art Selection Committee Charge November 2021 Staff Support City Staff Affordable and Community Strong: Creating a robust sense of place and opportunity for our residents and visitors 12, 14, 42 28, 36, 97 Select a Curator for the public art gallery at 180 Market Street.November 2021 Staff Support City Staff Affordable and Community Strong: Creating a robust sense of place and opportunity for our residents and visitors 12, 14, 16, 42 28, 36, 97 Commence a public art dedication for the 2021 installation of "Season's Out of Time" in the 180 Market Street building. January/February 2022 Staff support, Public Information Resources City Staff, Artist Affordable and Community Strong: Creating a robust sense of place and opportunity for our residents and visitors 12, 14, 16, 42 28, 36, 97 Initiate a Public Art Selection Process for the Williston Road Streetscape project. Spring 2022 Staff Support City Staff Affordable and Community Strong: Creating a robust sense of place and opportunity for our residents and visitors 12, 14, 16, 42 28, 36, 97 Commence a public art dedication for 2019 installation of "Gooses" in City Center Park on Market Street. Place plaque for the work. May/June 2022 Staff support, Public Information Resources City Staff, Artist Affordable and Community Strong: Creating a robust sense of place and opportunity for our residents and visitors 14 36 Initiate a Community Cultural Assessment by identifying artists and organizations that live and operate in our community. June 2022 Staff Support Artists Affordable and Community Strong: Creating a robust sense of place and opportunity for our residents and visitors 12, 14, 16, 42 28, 36, 97 Coordinate with appropriate City Staff and Committees on public art installations that request support or approval from the City. Ongoing Staff Support City Staff, City Committees COMMUNITY FACILITY & SERVICES OBJECTIVES STRATEGIES QUALITY OF LIFE OBJECTIVE OBJECTIVES STRATEGIES Land Use: Central District OBJECTIVES STRATEGIES 42. (p.3-14) Establish vibrant streetscapes, civic spaces, public art and public facilities in the Central District and City Center. 97. (p.3-14) Develop a centrally located, well-designed public gathering space to serve as the focus of the new City Center. City's Comprehensive Plan Reference 12. (p.2-46) Provide connections and space for City residents of all ages and abilities to participate in life-long educational, recreational, and community service opportunities for both personal enrichment and to strengthen neighborhood and community connections. 28. (p.2-47) Encourage consideration of the construction of people-oriented public facilities - including a community library, city hall, indoor recreation facilities and community center; and open space environmental infrastructure in the City Center area. 14. (p.2-53) Seek a livable balance between public, commercial, and civic activity and private tranquility and promote the health, peace, and well-being of residents in their daily lives. 16. (p.2-53) Build and reinforce diverse, accessible neighborhoods that offer a good quality of life by designing and locating new and renovated development in a context-sensitive manner. 36. (p.2-53) Actively plan for public spaces throughout the City, including public open spaces and public art, such that these spaces can be utilized daily and also for special community- oriented events. SBPASC_FY2022-Annual Workplan-Action Items Worksheet_Revised 9-19-21 10/20/2021 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.c om To: Jessie Baker, City Manager From: Ilona Blanchard, Community Development Director Holly Rees, Recreation and Parks Director Subject: Approve Tourism and Economic Recovery Marketing Grant application to the State of Vermont. Date: October 28, 2021 Background: The State of Vermont is soliciting grant requests for Tourism and Economic Recovery Marketing. For many years, the City has envisioned City Center as a vibrant gathering area that hosts outdoor events. The attached proposal requests funding from the state for a winter evening light themed festival featuring Vermont made items. Staff have met with area hotels and begun conversations with arts organizations. This is a down time for many hotels and a shopping/food themed night-time winter event that is walkable from area hotels has a lot of support. Staff envisions a two evening – Friday and Saturday – event featuring Vermont musicians, Vermont arts and crafts, local food vendors, local hot drinks, and lots of lights! The event would take place on Market Street, closing down the street Friday mid-day until Sunday morning. The event will be marketed to Canadians, regional metro markets, Vermont and South Burlington. The event will have a small-town community warm and sparkly feel, with a world-class presentation of the amazing creative talent of South Burlington and Vermont. In order to achieve this, staff anticipates that should the grant be obtained, the City will need to fund approximately $32,000 in expenses and recommends that ARPA funds be explored to be budgeted in FY 2023 for this purpose. In future years, funding would come from a variety of sources, such as sponsorships and vendors. Attachments: • Grant Request Form • Work Plan & Budget • Tourism and Economic Recovery Marketing Grant Recommendation: Approve submitting the grant application. City of South Burlington Grant Request Form Prior to applying for a grant please complete this form and submit to Deputy City Manager. Please submit at least two weeks prior to City Council approval meeting. Extenuating circumstances which do not permit two weeks notice should be brought to the attention of the Deputy City Manager as soon as possible. Please attach actual grant application form – either blank or completed Ilona Blanchard, Community Development Coordinator 10/28/2021 Name and title of person completing this form (Project Manager) Date 1. Name/title of grant and submittal deadline date: Tourism and Economic Recovery Marketing Grants, November 3, 2021 2. What specifically is the grant’s purpose? To increase the ability of regional organizations to work with partners to attract more visitors and visitor spending to their region of Vermont. The City will apply in with the support of area hotels and hospitality related Vermont businesses such as food, art, and craft industry and organization for funds to create a Friday – Saturday winter festival on Market Street; target date: Nov-Dec 2022. 3. What does the grant fund and not fund (be specific)? The grant will fund materials and costs related to this new Vermont festival as long as it is marketed towards visitors from outside our area. The maximum grant is $30,000. This grant will not fund existing events. 4. Total Project Cost: a. Amount of grant request: The grant request would be for $30,000. b. Is there a City match required, how much and in what fiscal year(s)? There is not a City match required, however, city staff estimate that to put the best event forward so that it continues year after year, an additional $32,000 be budgeted for FY 2023. c. Are there other grants “tied into” or being used as a match for this grant of which are matching funds for this grant? No, however, the City Staff recommends that as this is a project to draw visitors to our area during Covid that ARPA funds be explored. In future years, this event would be funded through sponsorships and vendor participation. 5. From what budget line will match be paid, and is there unencumbered money to pay it? ARPA funds should be explored to provide the remainder of funds required to put on a regional-class winter event. 6. Is there a cost to the city upon grant conclusion, and if yes, please describe? A winter festival would become one of the events that the City continues to support in partnership with other organizations on an annual basis. 7. Is grant for a standalone project, and if no, how does grant fit into another project (describe in some detail)? This grant is for a stand-alone project. It supports the City’s investments in City Center and will create a platform for local businesses and arts organizations to work together. 8. Length of grant - will the grant cross fiscal year(s)? It will cross from FY 2022 into FY 2023 9. Who will apply for grant (name/title)? Holly Rees, Recreation and Parks Director, Ilona Blanchard, Community Development Director 10. How much time will it take to complete grant application form? 10 hours plus review input by other staff; partners. 11. How likely is it that we will receive grant? The State is distributing $600,000 in Covid relief funds through this grant. They will award 20-60 grants. This project is designed to satisfy the five eligibility criteria. 12. Who will manage (project manager) grant and grant paperwork if approved (if different person than who is filling out this form), what are any grant compliance requirements, how much time will this take and how is that time available? Are there funds available in the grant to pay for our administrative costs? Can in-kind service be used as part of the City match? Holly Rees and Ilona Blanchard will manage the grant and the involved paperwork. 13. Describe grant payment process – method of cash flow: 90% of funds are released to the City in January of 2022, with the remaining 10% at the close of the project. 14. Should a Council-appointed Committee, Board, or Commission review this request? If yes, please update status: Not at this time; Staff will work with the Public Art Selection Committee as appropriate. 15. In terms of priority, with 5 being highest and 1 being lowest, please rate this grant in terms of how it fits into your primary mission as approved by City Council and current projects to complete that mission: 5 ___________________________________ _______________________________ Reviewed by Deputy City Manager, Date If approved, grant money will be in this fund ____________________________________ _______________________________ Approved by City Manager, Date Not Approved By City Manager, Date ___________________________________________ ______________________________________ Approved By City Council, Date Not Approved By City Council, Date 2/17/11 Procedure Regarding Grant Request Form 1) No City of South Burlington staff member or volunteer shall apply for a grant without completing and receiving approval of the attached Form. 2) All Form questions must be answered – if you need assistance on financial questions please contact the Deputy City Manager (846-4112). 3) As a rule the Form needs to be submitted to the Deputy City Manager at least two (2) weeks before the City Council Meeting where the application will be reviewed. Exceptions can be made especially when the funding source(s) do not provide sufficient lead time 4) Attach any supporting documentation to the Form. 5) Deputy City Manager will review Form for accuracy and completeness – Deputy City Manager does not approve or reject application. 6) After being reviewed if the Form is complete the Deputy City Manager will submit form to City Manager for approval or rejection. 7) City Manager may request meeting with applicant for clarification. 8) City Manager will determine whether to approve or reject the application and have the project manager informed of the decision. Project manager can request a meeting with City Manager prior to Form being reviewed by Council. 9) Whether Form is approved or rejected by City Manager the Form will be reviewed by the City Council. Project manager will be given the opportunity to discuss Form with Council. 10) Council will make final decision as to whether to approve or reject grant submission. Council approval of grant submission also signifies approval and acceptance of the grant unless there is a significant change in grant terms. If there is a significant change in grant terms the issue of whether or not to accept the grant will be brought before Council for consideration. 11) If Council approves Form the project manager will be expected to use his/her Form responses to guide the actual grant application. 12) Project manager will update Deputy City Manager in writing as to grant writing, submittal, approval, and implementation progress. 13) If grant is accepted by granting authority project manager will submit to Deputy City Manager and Finance Officer a monthly progress report on grant implementation and financials – upon request of project manager report time frame can be modified by Deputy City Manager based on actual grant conditions. 14) Finance Officer will maintain a spread sheet of all grants that tracks grant progress related to financials. 15) Grant spread sheet will be included in yearly Budget Book. 4/4/11 Project TitleDescriptionTask Name Description of Task Deliverables  Task Cost   Grant Funds Additional Leveraged Funds or Date of Anticipated CompletionTask 1Project Team Working GroupsWorking Groups* Vendors* Entertainment* Marketing* Safety and Security* Logistics/Day of10,000.00$        ‐$                   10000; Experienced Volunteers & Contracted Event organizer;  Community Small Business Owners; City Employees; Hospitality IndustryJan‐22Task 2 Secure VendorsDevelop and Issue calls,‐$                    ‐$                   Partners such as Vermont Handcrafters/Vermon Art Council/Creative Zone22‐MarTask 3 Secure EntertainmentWork with established area musicians and musical organizations8,000.00$          4,000.00$          4000 Apr‐22 Task 4 LogisticsPurchase portable stage, lights, rent tent, dividers, electrical set up (off existing street power); set up and take down.30,000.00$        20,000.00$       10,000 City Staff to assist with set upNovember‐December 2022Task 5 Security and SafetyEntrance check, first aid, logisitics, fencing.4,000.00$          2,000.00$         2,000; City Staff including Fire Dept/PD will be part of teamNovember‐December 2022Task 6 CollatoralDigital marketing (small website & social media),  design, in hotel/business collatoral directed at Canadian Market, Boston/NH/CT/NYC, Vermont & Community via social media10,000.00$        4,000.00$          6000 Aug‐22Total Project Costs 62,000.00$        30,000.00$        32,000.00$