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HomeMy WebLinkAboutAgenda - City Council - 12/06/2021AGENDA 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 upon request: Reach out to staff members before meeting begins Electronically:https://www.gotomeet.me/SouthBurlingtonVT/city-council-meeting12-06-2021 You can also dial in using your phone. +1 (872) 240-3412 Access Code: 839-621-325 Regular Session 6:00 P.M. Monday, December 6, 2021 1.Pledge of Allegiance (6:00 PM) 2.Instructions on exiting building in case of emergency and review of technology options – Jessie Baker, City Manager (6:01 – 6:02PM) 3.Agenda Review: Additions, deletions or changes in order of agenda items (6:03 – 6:04 PM) 4.Comments and questions from the public not related to the agenda (6:05 – 6:15 PM) 5.Announcements and City Manager’s Report (6:15 – 6:25 PM) 6.Consent Agenda (6:25 – 6:30 PM)A.*** Consider and Sign DisbursementsB.*** Approve minutes from November 1, 2021, November 8, 2021 & November 15,2021 City Council Meetings C.*** Approve an application to the Vermont Bond Bank for voter authorized debtrelated to 180 Market StreetD.*** Approve 2021 Errors and Omissions to the Grand ListE.*** Accept the Ridgewood and Indian Creek Stormwater Permit under the City's MS4Permit and authorize the City Manager to execute the AgreementF.*** Accept the Stonehedge Stormwater Permit under the City's MS4 Permit andauthorize the City Manager to execute the Agreement 7.Interview candidates and consider appointments to the Recreation and Parks Committee –Jessie Baker, City Manager and Holly Rees, Recreation and Parks Director (6:30 – 6:45PM) 8.*** Discuss and possibly take action on a Municipal Mask Mandate – Jessie Baker, CityManager (6:45 – 7:15 PM) 9.*** Receive an overview of the Land Use Development Regulations from the PlanningCommission – Jessica Louisos, Chair of Planning Commission, and Paul Conner, Director of Planning & Zoning (7:15 – 8:15 PM) 10.*** Receive the Proposed FY23 Budget and set a Public Hearing on the FY23 Budget and Capital Improvement Plan for Jan 10, 2022 – Jessie Baker, City Manager and AndrewBolduc, Deputy City Manager (8:15 – 8:45 PM) •Complete FY23 Budget information can be found at this link:https://www.southburlingtonvt.gov/departments/finance/fy_23_budget.php 11.*** FY23 Proposed Budget: Administration Presentation – Jessie Baker, City Manager (8:45–9:05 PM) 12.*** FY23 Proposed Budget: Library Presentation – Jennifer Murray, Library Director (9:05 –9:25 PM) 13.*** FY23 Proposed Budget: Recreation and Parks Presentation – Holly Rees, Recreationand Parks Director (9:25 – 9:45 PM) 14.Reports from Councilors on Committee assignments (9:45 – 9:55 PM) 15.Other Business (9:55 – 10:00 PM) 16.Consider entering executive session for the purposes of considering Recreation and ParksCommittee appointments and receiving confidential attorney/client guidance on theproposed Land Development Regulations. (10:00 – 10:45 PM) 17. Adjourn Respectfully Submitted: Jessie Baker City Manager *** Attachments Included Champlain Water District Check/Voucher Register - Check Report by Fund From 12/7/2021 Through 12/7/2021 Check Date Check Number Vendor Name Invoice Description Check Amount Invoice Number 12/7/2021 4337 E.J. Prescott Galvanized Spring 2,275.00 5946270 12/7/2021 E.J. Prescott Hydrant Repair on Airport Drive 219.06 5956196 12/7/2021 4338 FirstLight Fiber Account 101167 21.20 10331662 12/7/2021 4339 F.W. Webb Company Fire Hydrant Ext Kit 849.75 73677728 12/7/2021 F.W. Webb Company Hydrant Parts 1,508.29 73702097 12/7/2021 F.W. Webb Company Wrong Acct Billed for Fire Hydrant Ext Kit (849.75)73717196 12/7/2021 F.W. Webb Company Fire Hydrant Ext Kit 849.75 73717333 12/7/2021 4340 State of Vermont Refund Duplicate Pymt of VCAAP II for Account 2579 - Tanya Glover 1,369.43 VCAAP REFUND 12/7/2021 4341 Ti-Sales, Inc.Meters 6,084.00 INV0137337 12/7/2021 Ti-Sales, Inc.Meter 824.42 INV0137394 12/7/2021 Ti-Sales, Inc.Repair 1,279.00 INV0137721 Total 70 - South Burlington Water Department 14,430.15 Report Total 14,430.15 70 - South Burlington Water Department SOUTH BURLINGTON CITY COUNCIL Page: 1 CITY COUNCIL 1 NOVEMBER 2021 The South Burlington City Council held a regular meeting on Monday, 1 November 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; I. Blanchard, Community Development Director; A. Parker, Project Manager; B. Sirvis, J. Bossange, M. Mittag, P. Tompkins, Wayne, Q. Mann, M. Biama 1.Instructions on exiting building in case of emergency and review of technology options: Ms. Baker provided instructions on exiting the building in case of an emergency and reviewed technology options. 2.Additions, deletions or changes in the order of Agenda items: No changes were made to the agenda. 3.Comments and questions from the public not related to the agenda: Mr. Bossange suggested changing the name of the “Land Development Regulations” to “Land Use Regulations.” He then noted the 3 students who spoke at last week’s Planning Commission public hearing about their fears for life on our planet. He said that at their age, he was looking toward a bright future; he is not sure those students are doing that. If nothing is done to protect the environment, they will have no long-term future on the planet, but they will find hope if they see positive things happening here. He urged the Council to think toward 2030 and 2040 and the need for wise and appropriate development and environment protection. Ms. Greco asked for permission to treat the ash tree in front of her house, at her expense. She was told treatment is 100% effective, but you have to treat the tree forever. She is willing to do that. The cost is about $62 a year. She felt some of her neighbors would be willing to do that as well. 4.Announcements and City Manager’s Report: Council members reported on meetings and events they had attended. CITY COUNCIL 1 NOVEMBER 2021 PAGE 2 Ms. Baker: Thanked the Council for its time on Saturday for the Council’s retreat. The Climate Action Committee will be meeting this month. There will be some water disruption happening this week. All affected property owners have been notified. The Kimball Avenue bridge is scheduled to reopen the week after Thanksgiving. The Allen Road shared use path is now complete, and there are already people using it. Basketball registration closes on 4 November. At latest count, there have been 1000 new Library members since the new Library opened. There will be a special City Council meeting on Monday evening. The Council will get the proposed FY2023 budget at the first meeting in December. Following an altercation between two groups of males at UMall today, shots were fired. Regarding “camping” at the Shelburne Road Cemetery, the city is trying to ensure that those folks have the services they need and get into better homes. Chief Burke is aware of this. 5.Consent Agenda: a.Approve and Sign Disbursements b.Approve Vermont Urban & Community Forestry Program grant application c.Approve an agreement with US Fish & Wildlife Service & Audubon VT to conduct habitat management work at Wheeler Nature Park d.Execute a Stormwater Agreement with Windridge Condominium Association and Accept related documents for the Stormwater Easement and Permit under the City’s MS4 Permit CITY COUNCIL 1 NOVEMBER 2021 PAGE 3 e.Execute a Stormwater Agreement with Hayes Avenue Homeowners Association and accept related documents for the Stormwater Easement & Permit under the City’s MS4 Permit. Mr. Barritt asked to remove item “c” from the Consent Agenda. Ms. Emery then moved to approve Consent Agenda items “a,” “b,” “d” and “e.” Mr. Cota seconded. Motion passed unanimously. Mr. Barritt asked Mr. Bolduc if there is any possibility that the Agreement in item “c” would run contrary to the Conservation Easement on this property. Mr. Bolduc said they had that discussion, and there are no issues. Mr. Barritt said brush hogging should happen only once a year after October 1st. He felt they are doing it too soon now. Mr. Cota moved to approve Consent Agenda item “c” as presented. Ms. Emery seconded. Motion passed unanimously. 6.Consider approving Resolution amending the Public Art Selection Committee Purpose: Ms. Tompkins noted that the Committee has been in place since 2016 and has supervised 2 big projects (the geese in the park and the clock in the library), both in City Center, in addition to smaller projects in the city. The Committee is asking to broaden its scope and change its name to Public Art Committee in an effort to broaden awareness of the arts. Ms. Tompkins noted the new art gallery in City Hall and the new art exhibit which was hung today. The paintings include work by 3 South Burlington artists. Ms. Emery moved to approve the Resolution as presented. Mr. Barritt seconded. Motion passed unanimously. CITY COUNCIL 1 NOVEMBER 2021 PAGE 4 7.Approve a Tourism and Economic Recovery Marketing Grant Application: Ms. Blanchard noted that one issue in Vermont is that there are no winter activities that are not athletic in nature. She said Market Street is great for events, and she and Ms. Rees have discussed putting together a proposal for such an event. The budget would not exceed $30,000 and they would look for a match or to use some ARPA funds. Sen. Chittenden said he was sure the Rotary would be willing to help. He also noted that January and February are very cold, and there used to be an outdoor ice rink at Marcotte School. He would love to see that again. Sen. Chittenden moved to approve the Grant Application as presented. Ms. Emery seconded. Motion passed unanimously. 8.Interview Applicants for appointment to South Burlington Development Review Board: The Council interviewed Michael Biama and Quinn Mann for appointment to the DRB. 9.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: Mr. Barritt moved that the Council meet in executive session to discuss appointment to the Development Review Board, inviting into the session Ms. Baker and Mr. Bolduc. Ms. Emery seconded. Motion passed unanimously. The Council entered executive session at 7:48 p.m. and resumed open session at 7:55 p.m. Mr. Barritt then moved to appoint Quinn Mann to the Development Review Board through 2023. Ms. Emery seconded. Motion passed unanimously. Mr. Cota commented on how good it is to see younger candidates. 10.Councilors’ Reports from Committee Assignments: No reports were presented. CITY COUNCIL 1 NOVEMBER 2021 PAGE 5 11.Other Business: No other business was presented. 12.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: Mr. Barritt moved that the Council make a specific find that premature general public knowledge of the Council’s discussion about the O’Brien Eastview PUD Environmental Court Appeal to which the City is a party would clearly place the City at a substantial disadvantage. Ms. Emery seconded. Motion passed unanimously. Mr. Barritt then moved that having so found, the Council meet in executive session for the purpose of discussing the O’Brien Eastwood PUD Environmental Court Appeal, inviting into the session Ms. Baker, Mr. Bolduc, and Ms. Lafferty. Ms. Emery seconded. Motion passed unanimously. The Council entered executive session at 8:00 p.m. Following the executive session, as there was no further business to come before the Council Mr. Barritt moved to adjourn. Sen Chittenden seconded. Motion passed unanimously. The meeting was adjourned at 8:19 p.m. _________________________________ Clerk CITY COUNCIL 8 NOVEMBER 2021 The South Burlington City Council held a regular meeting on Monday, 8 November 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, M. Cota ALSO PRESENT: J. Baker, City Manager; A. Bolduc, Deputy City Manager; P. Conner, Director of Planning & Zoning; B. Sirvis, L. Kingsbury, G. Greco, L. Yankowski, A. Rowe, J. Nick, J. Bellevance, M. Mittag, M. Burns, M. Simoneau, A. Crocker, S. Dopp, J. Chalot, M. Ostby, C. Trombly, F. MacDonald, C. Jensen, A. Jensen-Vargas, D. Peters, B. Milizia, K. Stapernick, J. Louisos, A. Strong, A. Chalnick, A. Sacco 1.Instructions on exiting building in case of emergency and review of technology options: Ms. Baker provided instructions on exiting the building in an emergency and reviewed technology options. 2.Additions, deletions or changes in the order of Agenda items: No changes were made to the agenda. 3.Comments and questions from the public not related to the agenda: Ms. Greco spoke of concern with speeding traffic on Nowland Farm Road. It is a very wide road with no obstructions and a straightaway where people speed up. Last night someone hit and uprooted a tree. There are also alcohol bottles strewn along that stretch of road. Though the speed limit is 25 mph, traffic is easily going 40-45 mph. 4.Announcements and City Manager’s Report: Members reported on meetings and events they had attended Ms. Baker: Housing has been found for the homeless who had been camping at the Shelburne Road Cemetery. She suggested the possibility of a “camping ordinance.” A communication was received regarding the filling in of a quarry. The hope is to keep trucks off city roads. CITY COUNCIL 8 NOVEMBER 2021 PAGE 2 The technology of the camera system in police vehicles is no longer supported by the dealer. Staff supports upgrading that system and also providing body-worn cameras. This will appear in the FY23 budget. 5.Reports from Councilors on Committee assignments: Mr. Cota noted an issue where passengers on GMT vehicles who do not wish to comply with the mandatory mask requirement. This has been a source of strain on drivers. Mr. Conner noted the appointment of Kelsey Peterson as the new City Planner. She began work today. Ms. Peterson has a law degree and has been working on land use planning in a law office. Ms. Baker added that Ms. Peterson has also done a lot of community building activities. She also noted that this is one of the previously ‘frozen’ positions that is being fund in part by COVID money. Mr. Barritt asked the status of the bridge. Ms. Baker said it is due to be finished after Thanksgiving. Ms. Baker also noted she attended an equity forum sponsored by CCRPC. 80 people were involved remotely. The forum focused on the history of racism and the tools that can be put in place to allow more minority peoples to own homes. There will be a report from CCRPC regarding actions that can be taken. Ms. Emery noted that Governor Scott is allowing recent immigrant arrivals who were professionals in the country of origin to become professionals here rather than starting as custodians. Mr. Barritt noted that the State Legislature had failed to enact a renter registry, and there are a lot of complaints regarding one landlord who has “new arrivals” at his mercy. 6.Public Hearing: Interim Zoning Application #IZ-21-04 of 835 Hinesburg Road, LLC (applicant) for development of a primarily undeveloped 113.8-acre parcel at that location. The development consists of 24 commercial and industrial use buildings with associated parking and loading areas on 5 lots and new public streets, including one 57.5-acre lot containing 10 buildings, an 8.5-acre lot with 4 buildings, a 12.4-acre lot containing 4 buildings, a 17.6-acre lot with 5 buildings, and a 9.9- acre parcel containing one building: CITY COUNCIL 8 NOVEMBER 2021 PAGE 3 Ms. Emery moved to open the public hearing. Mr. Barritt seconded. Motion passed 4-0. Ms. Riehle explained the hearing process and the right of appeal, then asked if any Council member had a conflict of interest or had an ex parte communication. No Council members had any such issues. The appellants were then sworn in. Mr. Rowe explained that a sketch plan had been submitted on 30 August, and they are still waiting for DRB review. The property is located in the Industrial-Open Space District near the future site of Exit 12B (which would require some portion of the appellant’s property). There is city-owned land to the south, and the property is bisected by a utility easement. A proposed street could be eliminated, and there will be more detail on this as the project progresses. There are no impacts to streams, buffers, or flood plains. Mr. Rowe noted that a list of potential uses was included with the application. He also noted that the regulations anticipate this property would have non-residential uses. Office use would have higher parking needs than a manufacturing use. Mitigating measures would include phasing of the project, traffic signals, and extended transit service to this area. The anticipation is that full build-out would occur in 10 or more years, according to market demand. Mr. Rowe stressed that the Comprehensive Plan includes uses as these on this property. The anticipation is that uses will be high-quality, large lot, with access to the Airport, etc. Utilization of solar will be considered as the project advances. Two intersections with Hinesburg Road are planned, and traffic signals may be warranted. Mr. Nick said he has been involved with the Interim Zoning (IZ) process for 3 years. He got no hint of what kind of zoning was coming for this property which he has owned for 20 years. He noted that 20 years ago, it was this type of development that was expected. A transition to residential uses was well-received at that time as well. A wetland and soil analysis was also done. Mr. Nick went on to say that in 2012, this plan showed up as a question of which way the city wanted to go. In 2015, a mixed use project was shown to the Planning Commission which included residential, office, hotel, cottages, agriculture, and a solar array. The minutes of the Planning Commission indicated that the Commission liked the concept. In 2016, they went to a higher intensity, mostly non-residential concept, gradually going down to a lower intensity and some residential as a transition. In 2018, the Regional Plan mimicked what the city had put forth. No forest or habitat was shown on this property. CITY COUNCIL 8 NOVEMBER 2021 PAGE 4 Mr. Nick said he has been shocked by the IZ process. It started with an open space plan that was thrust on many owners, and the city tried to use that as a regulatory process. Mr. Nick noted that 42 acres of his property was identified by a researcher as habitat, but that researcher never set foot on the property. The proposed regulations would not allow any use on those 42 acres and would deny applicants to present their own studies. Mr. Nick said he sees this as a “taking,” and he felt he had to present this plan in order to preserve his property rights. Mr. Nick then outlined some of his legal positions as follows: a.The way the habitat blocks are laid out is a “taking” b.This is spot zoning c.South Burlington’s “habitat blocks” are different from the State’s “forest blocks, and the researcher (Arrowwood) did not look at or identify any species on the land. Mr. Nick said the only reason the property was identified as a habitat block was that it is a very large piece of land, and that is not a good reason to call anything a forest or habitat block. Mr. Barritt asked if the 2015 plan was ever submitted as a sketch plan. Mr. Nick said it was not. He added that they were encouraged when the Comprehensive Plan mimicked their plan. The neighbors were also pleased that there would be some residential use near them. Mr. Cota then asked how the 2015 plan would be impacted by what is proposed today. Mr. Nick said the TND (traditional neighborhood development) is highly residential and does not allow for any mixed use. He added that he is shocked at how little land there is for industrial use in the city. He also noted that walking paths compromise habitat. Ms. Emery asked why there is no residential use on the plan now submitted. Mr. Nick said he felt they had to move under the current zoning, which is Industrial-Open Space. Ms. Emery said an R-7 use would allow some value. It was noted that the R-7 use is very narrow in what it allows. Mr. Rowe said the zoning now is all commercial/industrial. Where it is going allows no industrial use. He stressed that there is no room for compromise under either scenario. Mr. Nick then read from a printed report citing the “scarcity of centralized industrial lots.” He said the city is creating sprawl by having people drive to jobs in Essex. CITY COUNCIL 8 NOVEMBER 2021 PAGE 5 Mr. Barritt asked how the application adheres to the IZ principles. Mr. Rowe said it is in a municipal water/sewer area and in an area identified for high-level industrial uses. He then showed the proposed plan and identified parking area. He said there could be some structured parking as well. Ms. Riehle asked what percentage of the land would be impervious surface. Mr. Rowe said 38%. Ms. Emery asked what type of soil is involved. Mr. Rowe said it is mainly clay. Ms. Emery asked how stormwater would be handled. Mr. Rowe said first through infiltration or filtering through a bio retention area or gravel wetland. Mr. Cota stressed that the City Council is not going to be approving or disapproving the project. They will only decide whether to allow it to go forward to the DRB. Public comment was then solicited and was received as follows: Mr. Sacco: Owns the Allen Brook development to the south. He said that for once the city should consider the developer’s side as they all pay the same price to get land developed. He was concerned that he had just been notified of this process and was never told that the zoning of his land would be changed. He noted that the Planning Commission has been working for 3 years on this, and the City Council will be meeting to consider this the day after the New Year’s holiday and will make a decision a week later. Ms. Riehle said there will be a long explanation in December, but to meet certain deadlines the schedule has been set up. It is unfortunate that it is so close to the holidays. Mr. Sacco noted that the December meetings also fall close to the holidays, especially the one on 20 December. Mr. Sacco said it also doesn’t make sense that Interim Zoning happened in order to stop residential development, and now the Council wants to change industrial use to residential. Ms. Yankowski: Questioned why industrial use is being planned when Burton couldn’t find an industrial user for their building. She asked whether the applicant has industrial users to put in the buildings he is proposing. Ms. Crocker: Hoped the city would not let the application go forward and suggested on more in line with the proposed LDRs. Ms. Dopp: Reviewed the ownership history of the property. CITY COUNCIL 8 NOVEMBER 2021 PAGE 6 Ms. Greco: Would prefer no development at all. She cited empty commercial buildings and questions who would occupy those being proposed. She questioned what the development would do to the carbon footprint. Mr. Chalot: Asked if the applicant has done a review of what habitat is on the site. Mr. Nick said the regulations do not allow them to do that. Ms. Milizia: Has “quality of life” issues and view protection issues. She was also concerned with noise pollution from loading docks, truck traffic, etc., as well as light pollution. Mr. Stapeneck: Agreed with Ms. Milizia and suggested requiring some green space to protect views. He was concerned with increased traffic on Hinesburg Road. He also didn’t see the value in large industrial uses. Following public input, Ms. Riehle moved to close the public hearing. Ms. Emery seconded. Motion passed 4-0. Ms. Riehle said the Council will deliberate and issue a written decision within 45 days. 7.Receive Draft Amendments submitted by the Planning Commission on the Land Development Regulations and Accompanying Report and set Public Hearing for 3 January 2022, at 7:30 p.m.: Mr. Conner reviewed what was sent to the Council, including some stand-along amendments. He also noted a schedule of what is included in the meetings of 6 December, and 20 December. On 3 January, the Council will hold the formal public hearing and can then either adopt the proposed amendments, not adopt them, or make changes. If significant changes are made, a second public hearing would have to be warned. Mr. Conner noted that as soon as the public hearing is warned, the draft regulations are temporarily (150 days) in effect. If the new regulations are not adopted, project submissions would be reviewed under the old regulations. Ms. Louisos then provided an overview of the new regulations. She said the object was to move the regulations closer to what is in the Comprehensive Plan. There is a major overhaul of environmental standards, going beyond what other communities and the state are doing. There is also master planning required for development. She stressed that the Commission CITY COUNCIL 8 NOVEMBER 2021 PAGE 7 tried to provide a balance. She noted that the Planning Commission held a public hearing last month and reviewed public comments and made some adjustments. Though not all members agree on all issues, they did vote unanimously to forward the document to the Council. Ms. Louisos also noted there are items the Commission would have liked to include (e.g., TDRs), and they will be revising their schedule to prioritize their next pieces of work. Ms. Riehle and Ms. Emery cited and appreciated the hundreds of volunteer hours of work that have gone into this project. Ms. Louisos also noted the tireless work of staff on behalf of the Commission. Ms. Emery then moved to acknowledge receipt of the Amendments to the Land Development Regulations and to warn a public hearing for 3 January 2022 at 7:30 p.m. on the amendment included in the packet. Mr. Barritt seconded. Motion passed 4-0. Mr. Cota noted that he participated as an observer in several Planning Commission meetings. He has made a graph of “what I love” and “what to change.” He said there are a number of changes he would like to see. Ms. Riehle pledged a robust conversation. Mr. Mittag noted the significant amount of public participation including 46 written submissions and 29 spoken comments. 8.Other Business: No other business was presented. 9.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: Mr. Barritt moved that the Council make a specific finding that premature general public knowledge of the pending litigation to which the City is a party would clearly place the city at a substantial disadvantage. Mr. Cota seconded. Motion passed 4-0. CITY COUNCIL 8 NOVEMBER 2021 PAGE 8 Mr. Barritt then moved that having so found, the Council enter into executive session for the purposes designated and invite into the session Ms. Baker, Mr. Bolduc, and Ms. Lafferty. Mr. Cota seconded. Motion passed 4-0. The Council entered executive session at 8:40 p.m. Following the executive session, Mr. Barritt moved to adjourn. Ms. Emery seconded. The motion passed 4-0, and the meeting was adjourned at 9:06 p.m. _________________________________ Clerk CITY COUNCIL 15 November 2021 The South Burlington City Council held a regular meeting on Monday, November 15, 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, Sen. T. Chittenden, M. Cota ALSO PRESENT: J. Baker, City Manager; A. Bolduc, Deputy City Manager; C. McNeil, City Attorney; I. Blanchard, Community Development Director; P. Conner, Director of Planning & Zoning; T. DiPietro, Stormwater Department; B. & J. Britt, K. Ryder, R. Greco, A. Norris, R. McDonald, Dave, M. Mittag, L. Kingsbury, B. Milizia, A Jensen-Vargs, J. Louisos, C. Jensen 1.Instructions on exiting building in case of emergency and review of technology options: Ms. Baker provided emergency evacuation instructions and reviewed technology options. 2.Additions, deletions or changes in the order of Agenda items: No changes were made to the agenda. 3.Comments and questions from the public not related to the agenda: Ms. Ryder asked the Council to take the climate crisis seriously and regularly review how the city is doing in addressing climate change. Mr. Britt expressed concern with a stormwater issue that is impacting several neighborhoods. He noted that each neighborhood will be charged to repair its own situation and achieve the 2020 standards even though the neighborhoods paid to get up to the 1998 standards. He said they had thought the stormwater fee on the water bill would cover this. They are also being asked to sign a document this week that provides no known cap to liability. Ms. Baker said staff can provide a comprehensive update on this issue. Mr. Barritt cited the need to tell people not to deposit waste into the stormwater ponds and/or culverts. Mr. MacDonald said their neighborhood has the same issue. They have been told to form an association, but that can’t happen because there are neighbors who will agree, and it needs to be unanimous. He felt the city should consider doing this as a “single entity.” CITY COUNCIL 15 NOVEMBER 2021 PAGE 2 Ms. Britt was concerned with the deadline, especially with the holidays approaching. 4.Announcements and City Manager’s Report: Council members reported on meetings and events they had attended. Sen. Chittenden noted that the Governor is calling a special session of the State Legislature to consider legislation allowing municipalities to enforce a mask mandate until April, 2022. Ms. Baker: As of 10 November, there have been 996 COVID cases in South Burlington over the course of the pandemic, 87 of those were new cases within the past 2 weeks. There has been an Act 250 appeal of the South Village approval. The city is inclined to enter an appearance. At the 8 December meeting of the Bike/Ped Committee, there will be a public hearing on proposed bike/ped improvements on Spear Street, 5:30 p.m. A holiday lights display will be brighten Veterans Memorial Park from 2 December through 3 January. An RFP is being prepared for auditing services. Proposals will be reviewed by the Council probably in January. Because of the holidays, a special warrant may be needed between Council meetings. 5.Consent Agenda: a.Approve and Sign Disbursements b.Approve minutes from 4 October, 18 October and 30 October Council meetings c.Authorize the City Manager to execute an agreement for the Vtrans Small-Scale Bicycle & Pedestrian Program Grant to fund the construction of 2 crosswalks across Williston Road (#CA0676, STP BP22(13)) d.Accept a Sewer Easement Deed from Fire District 1 (Queen City Park) to the city CITY COUNCIL 15 NOVEMBER 2021 PAGE 3 Mr. Cota moved to approve the Consent Agenda as presented. Sen. Chittenden seconded. Motion passed unanimously. 6.Approve the City’s FY22 Policy Priorities & Strategies: Ms. Baker thanked Council members for participating in the recent retreat. She noted that she has organized the document into policy areas and sorted them into categories: a.Must use ( high priorities) b.Committees interests c.Community interests/future funding A final version will be circulated to the committees. Ms. Emery asked why things on the “bike rack” aren’t included. Ms. Baker said they would be initiatives that would be starting and would have to be weighed against other priorities. Ms. Greco said there were only one or two statements regarding the climate crisis and how to address it. She hoped the Council would take another look at it. Ms. Riehle read from the list of actions to do, and Ms. Baker noted the “walkable” goals. She said that there is not a “philosophical background” for items in the document. Ms. Greco also noted that some priorities are in conflict with each other, and if none are prioritized, which would be picked. Mr. Barritt noted that only 1% of the city’s investment portfolio is tied to non-renewable resources. He also noted that some oil companies are also doing renewables. Ms. Sirvis suggested the Common Area for Dogs Committee be consulted along with the Parks and Recreation Committee. She also felt more attention should be paid to pedestrians, not only to bikers. She noted she has almost been run over by bikers. Ms. Milizia asked how a committee gives input if that committee is not identified in the document. Ms. Baker said the document will be distributed to all committees who can then provide feedback. CITY COUNCIL 15 NOVEMBER 2021 PAGE 4 Mr. Cota moved to approve the City’s FY22 Policy Priorities & Strategies as presented. Mr. Barritt seconded. Motion passed unanimously. 7.Hold a Public Hearing on the Tax Increment Finance District Substantial Change Request and consider possible approval of substantial change: Ms. Blanchard noted that the request updates the project list, timeline, cost and revenue projections. The projects being removed are: the parking garage, stormwater mitigation, urban park and festival street, and recreation center. The cost has been reduced from $97,000,000 to $62,000,000, and the TIF funding from $54,000,000 to $29,000,000. Ms. Blanchard stressed that there is very little change to the value of the TIF district, from $311,000,000 to $310,000,000. Ms. Blanchard noted that regarding TIF funding, accounting is over the entire life of the TIF district (a 20-year period), not on an annual basis. Ms. Riehle asked why stormwater mitigation is off the list. Ms. Blanchard explained that there was an opportunity early on for a joint stormwater pond that could serve all public/private development. It has not been required. There is also a restored wetland on the site. Mitigation does not receive permits from the State. The private sector is responsible for addressing wetland impacts on its own. Ms. Blanchard said the request will be considered in December. The city will be invited to that meeting. Ms. Riehle said the city has proven the “nay-sayers” wrong. Public comment was then solicited. There was no public comment. Mr. Barritt moved to close the public hearing. Sen. Chittenden seconded. Motion passed unanimously. Sen. Chittenden then moved to approve the submittal of the Tax Increment Finance District Substantial Change Request as presented. Mr. Barritt seconded. Motion passed unanimously. CITY COUNCIL 15 NOVEMBER 2021 PAGE 5 8.Discussion on Land Development Regulation amendments, data requests, and process: Mr. Conner advised that the Planning Commission will give a full presentation on 6 December. This will include additional graphics. He asked the Council if there are any information points, data, etc., that they will need, or questions they want the Commission to respond to. Sen. Chittenden said he would like to have an executive session to address legal issues. He also noted he has concern with the requirement for a Conservation PUD as opposed to having that as an option. He also would like to address the impact of the new LDRs on the grand list and on the overall housing stock in the city. Ms. Riehle said she would like to see a map of all the 4-acre lots that could be developed, and an estimate of how many houses there could be if all were developed. Mr. Conner said he would have to think about how to do that. It would have to account for how development has taken place as it relates to what could have been developed. He stressed that there are choices that can be made (e.g., the UMall property could have hundreds of developed units). In addition, all homes can have accessory units, and it’s hard to estimate how many there would be. Ms. Riehle said she would also like to see what the Arrowwood Report suggested and what the LDRs deliver. Mr. Cota said he would like to see how much currently developable land would be conserved. He also wanted legal advice on the issue of “a taking.” He did not feel the 10 January date was possible in light of potential modifications, edits, etc. Mr. Barritt agreed with the need for legal advice. He also agreed with everything else that had been said. Ms. Emery wanted to know where new neighborhoods would occur and what “walkable” means (e.g., to where?). She also wanted to see where the LDRs stand in relation to the Arrowwood report. Sen. Chittenden said he shares Ms. Dooley’s stated concerns. CITY COUNCIL 15 NOVEMBER 2021 PAGE 6 9.Discuss Vermont Attorney General Opioid Settlement and consider whether to participate in the negotiated opioid settlements: Mr. McNeil reviewed the history. He noted that communities have to sign up by 2 January 2022 in order to participate in the settlement. He asked if the Council needed more information. If the City participates, it would receive $340,000 from distributors over a 20-year period and $78,000 from manufacturers over a 10-year period. Sen. Chittenden said he is inclined to support this. He asked what other communities are doing. Mr. McNeil said he has heard of no resistance. Mr. Cota said he is also inclined to support it. He asked how the community would draw down the money. Mr. McNeil said there would be restrictions as to how the money could be used. Mr. Barritt moved that the City of South Burlington participate in the national opioid settlements in the lawsuit brought by the State of Vermont against pharmaceutical distributors McKesson, Cardinal Health, and AmerisourceBergen and pharmaceutical manufacturer Janssen Pharmaceuticals, Inc., and its parent company Johnson & Johnson and authorize the City Manager or her designee to register on the national opioid settlement website to participate in the settlements and authorize the City Council Chair to execute all formal documents required for participation in the settlements. Mr. Cota seconded. Motion passed unanimously 10.Councilors’ Reports from Committee Assignments: Ms. Riehle: There will be an Airport Commission meeting on Wednesday. They are working on a job description for the Airport Director. 11.Other Business: Mr. Barritt asked about an abandoned property (e.g., ownership, who pays taxes) and what influence the city has. Mr. Bolduc noted that one of the heirs has inquired about a demolition permit. He did not know if there had been any follow-up. Mr. DiPietro said he had heard some of the discussion about the concerns with upgrading stormwater systems. He provided an overview of what is happening at Ledge Knoll and Overlook where there is no homeowner’s association. The city is trying to help them deal CITY COUNCIL 15 NOVEMBER 2021 PAGE 7 individually. Mr. DiPietro noted that in May, the City Council approve an SRF loan for $675,000 to get projects ready, and there has been ongoing work to get the engineering done. The hope is that there will be funding for the construction. Mr. Cota asked who holds the permits. Mr. DiPietro said they run with the land. Ms. Emery asked how many homeowners are involved. Mr. DiPietro estimated about 60 at Ledge Knoll and 60 at Overlook. Mr. DiPietro said the aim is for people not to have a clouded title to their properties which is what would happen if the documents are not filed by 1 December. He stressed that they have been doing a lot of outreach. It is very individual and very time-consuming. 12.Consider entering executive session for the purposes of discussing pending contract negotiations and receive confidential attorney/client communications regarding the same: Mr. Barritt moved that the Council make a specific find that premature general public knowledge of the Council’s discussion regarding pending contract negotiations would clearly place the City at a substantial disadvantage. Sen. Chittenden seconded. Motion passed unanimously. Mr. Barritt then moved that the Council meet in executive session to discuss pending contract negotiations and to invite into the session Ms. Baker, Mr. Bolduc and Mr. McNeil. Sen. Chittenden seconded. Motion passed unanimously. The Council entered executive session at 8:30 p.m. Following the executive Session, as there was no further business to come before the Council Mr. Barritt moved to adjourn. Mr. Cota seconded. Motion passed unanimously. The meeting was adjourned at 8:59 p.m. _________________________________ Clerk TO: Jessie Baker, City Manager FROM: Ilona Blanchard, Community Development Director SUBJECT: Approve an application to the Vermont Bond Bank for voter authorized debt related to 180 Market Street. DATE: December 2, 2021 BACKGROUND: In 2018 the voters authorized the Council to issue up to $20.4 million in debt for the South Burlington Public Library & City Hall project. The City has already issued debt for this project through the Vermont Bond Bank in the amount of $19 million ($14M for City match plus $5M for the TIF District financed portion). Recently, the Vermont Bond Bank (VBB) announced the winter bond issue. 180 Market Street is now complete and the City is able to determine the City share of building costs versus the TIF District share for the remaining unissued $1.4 M of the $20.4 M authorized by the voters. The City is preparing an application for two debt issuances: 1)a $.43 M, 15-year bond with five years of delayed principal payments. This debt will be serviced with TIF District increment. 2)A $.97 bond with a term of 20 years. This debt will be serviced with City Center Reserve Funds. Approximately a quarter of the project may be financed using TIF District revenues. Bond proceeds will reimburse the City for costs incurred. The City Council will need to provide separate approval for actual debt issuance. RECOMMENDATION: Authorize the submittal of an application to the Vermont Bond Bank for the winter bond pool. ADDITIONAL CONSIDERATION The VBB application is due December 17. Reappraisal Bullet Points •There is one BCA Hearing remaining. Spreadsheets will be updated on the website after the BCA decision is complete •Two property owners have appealed to the Director of the Division of Property Valuation and Review. One property owner may be appealing to the Superior Court of Chittenden County •Before appeals the Municipal Grand List was $40,231,028.93 ($4,023,102,893.00). After Tyler Technology appeals, E & O’s and BCA Hearings (does not include the one remaining hearing) the Municipal Grand List is $40,054,052.93 ($4,005,405,293.00). A difference of ($17,697,600.00) •E&O’s = ($5,008,100.00) •Tyler Hearings and BCA Hearings = ($12,689,500.00) Form PVR-4261-E Page 1 of 2 Rev. 02/20Courtesy of the Vermont Department of Taxes The Board of Listers of the Town of ________________________________ are hereby supplying the following changes to WKHBBBBBBBBBBBBB*UDQG/LVW6SHFL¿FDOO\(Year) Owner SPAN Change From Change To Difference Reason Owner SPAN Change From Change To Difference Reason Owner SPAN Change From Change To Difference Reason Owner SPAN Change From Change To Difference Reason Owner SPAN Change From Change To Difference Reason Owner SPAN Change From Change To Difference Reason Owner SPAN Change From Change To Difference Reason Owner SPAN Change From Change To Difference Reason Form PVR-4261-E ERRORS AND OMISSIONS CERTIFICATE South Burlington 2021 City of South Burlington 600-188-15252 $8,785,000.00 $507,800.00 ($8,277,200.00) wrong part of building (police department) marked as taxable instead of leased out space Rivers Edge Building Development LLC 600-188-17968 $0.00 $100,000.00 $100,000.00 Lot value was deleted from parent parcel in error Rivers Edge Building Development LLC 600-188-18359 $0.00 $42,800.00 $42,800.00 Lot value was deleted from parent parcel in error Rivers Edge Building Development LLC 600-188-18357 $0.00 $42,800.00 $42,800.00 Lot value was deleted from parent parcel in error Rye Associates LLC 600-188-10777 $0.00 $1,600,000.00 $1,600,000.00 Parent parcel with remaining undeveloped lots was deleted in error South Village Communities LLC 600-188-11002 $0.00 $1,569,000.00 $1,569,000.00 Parent parcel with remaining undeveloped lots was deleted in error Heffernan, Kevin & Erica 600-188-12811 $501,100.00 $493,400.00 ($7,700.00) Tyler Technologies data entry error incorrectly entered total square footage Fortner/Wagner Revocable Trust 600-188-16371 $343,100.00 $319,900.00 ($23,200.00) Lister card had basement instead of concrete slab Form PVR-4261-E Page 2 of 2 Rev. 02/20Courtesy of the Vermont Department of Taxes Signature of Lister/Assessor Date Signature of Selectboard/Alderman Date Signature of Lister/Assessor Date Signature of Selectboard/Alderman Date Signature of Lister/Assessor Date Signature of Selectboard/Alderman Date Signature of Lister/Assessor Date Signature of Selectboard/Alderman Date Signature of Lister/Assessor Date Signature of Selectboard/Alderman Date 32 V.SA. § 4261. Correcting omission from grand list When real or personal estate is omitted from the grand list by mistake, or an obvious error is found, the listers, with the approval of the Selectboard, EHIRUH'HFHPEHUPD\VXSSO\VXFKRPLVVLRQVRUFRUUHFWVXFKHUURUVDQGPDNHDFHUWL¿FDWHWKHUHRQRIWKHIDFWSURYLGHGKRZHYHUWKHOLVWHUVPD\ PDNHDFRUUHFWLRQUHVXOWLQJIURPWKH¿OLQJRUUHVFLVVLRQRIDKRPHVWHDGGHFODUDWLRQZLWKRXWDSSURYDORIWKH6HOHFWERDUG LISTERS/ASSESSOR AND SELECTBOARD I, ________________________________, town clerk of ________________________________, certify receipt of these FKDQJHV7KLVFHUWL¿FDWHZLOOEHDWWDFKHGWRRUUHFRUGHGLQWKHJUDQGOLVWRIBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBIRU tax year ______________. TOWN CLERK Signature of Town Clerk Printed Name Date MUST BE ATTACHED TO THE FINAL GRAND LIST FILED WITH THE TOWN CLERK. Form PVR-4261-E Page 1 of 2 Rev. 02/20Courtesy of the Vermont Department of Taxes The Board of Listers of the Town of ________________________________ are hereby supplying the following changes to WKHBBBBBBBBBBBBB*UDQG/LVW6SHFL¿FDOO\(Year) Owner SPAN Change From Change To Difference Reason Owner SPAN Change From Change To Difference Reason Owner SPAN Change From Change To Difference Reason Owner SPAN Change From Change To Difference Reason Owner SPAN Change From Change To Difference Reason Owner SPAN Change From Change To Difference Reason Owner SPAN Change From Change To Difference Reason Owner SPAN Change From Change To Difference Reason Form PVR-4261-E ERRORS AND OMISSIONS CERTIFICATE South Burlington 2021 Galkin, Zachary S 600-188-15816 $232,200.00 $232,200 $0.00 Corrected spelling of last name Mrad, Juay and Kahla, Kristin 600-188-17492 $39,500.00 $499,100.00 $459,600.00 Building was complete in November 2020 missed by reappraisal Zhao, Jing 600-188-17376 $704,600.00 $650,000.00 ($54,600.00) City had incorrect square footage not caught during reappraisal Form PVR-4261-E Page 2 of 2 Rev. 02/20Courtesy of the Vermont Department of Taxes Signature of Lister/Assessor Date Signature of Selectboard/Alderman Date Signature of Lister/Assessor Date Signature of Selectboard/Alderman Date Signature of Lister/Assessor Date Signature of Selectboard/Alderman Date Signature of Lister/Assessor Date Signature of Selectboard/Alderman Date Signature of Lister/Assessor Date Signature of Selectboard/Alderman Date 32 V.SA. § 4261. Correcting omission from grand list When real or personal estate is omitted from the grand list by mistake, or an obvious error is found, the listers, with the approval of the Selectboard, EHIRUH'HFHPEHUPD\VXSSO\VXFKRPLVVLRQVRUFRUUHFWVXFKHUURUVDQGPDNHDFHUWL¿FDWHWKHUHRQRIWKHIDFWSURYLGHGKRZHYHUWKHOLVWHUVPD\ PDNHDFRUUHFWLRQUHVXOWLQJIURPWKH¿OLQJRUUHVFLVVLRQRIDKRPHVWHDGGHFODUDWLRQZLWKRXWDSSURYDORIWKH6HOHFWERDUG LISTERS/ASSESSOR AND SELECTBOARD I, ________________________________, town clerk of ________________________________, certify receipt of these FKDQJHV7KLVFHUWL¿FDWHZLOOEHDWWDFKHGWRRUUHFRUGHGLQWKHJUDQGOLVWRIBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBIRU tax year ______________. TOWN CLERK Signature of Town Clerk Printed Name Date MUST BE ATTACHED TO THE FINAL GRAND LIST FILED WITH THE TOWN CLERK. Memo To: South Burlington City Council From: Dave Wheeler, Stormwater Superintendent CC: Jessie Baker, City Manager Tom DiPietro, Deputy Director of Environmental Services Date: November 22, 2021 Re: Acceptance of Ridgewood and Indian Creek 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 properties covered by State of Vermont stormwater permit 6285-9030 (previously state permit 1-0239) 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 6285-9030 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 6285-9030 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 11 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 RIDGEWOOD ESTATES HOMEOWNERS ASSOCIATION, INC. and the INDIAN CREEK CONDOMINIUMS ASSOCIATION, INC., being non-profit incorporated 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 the Ridgewood Estates subdivision (the “Subdivision” herein), being subject to a Declaration of Covenants, Conditions and Restrictions, dated January 14, 1977, and recorded in Volume 131, Page 93 of the City of South Burlington Land Records, and as amended, and in the Indian Creek condominiums (the “Condominium” herein), being subject to a Declaration of Condominium, dated July 20, 1982, and recorded at Volume 181, Page 295 of the City of South Burlington Land Records, and as amended; and WHEREAS, the Vermont Agency of Natural Resources (the “Agency” herein) originally issued Discharge Permit No. 1-0239 (the “Original Permit” herein) to the Associations, authorizing a discharge of stormwater runoff from the impervious 2 of 11 surfaces of the Subdivision and Condominium to Potash Brook, which required construction and maintenance of certain improvements within the Subdivision and Condominium to manage the discharge of stormwater; and WHEREAS, following the expiration of the Original Permit, the Agency issued Discharge Permit No. 6285-9030 (the “RDA Permit” herein), which also regulated the Subdivision’s and Condominium’s discharge of stormwater to Potash Brook; and WHEREAS, the RDA Permit 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 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 3 of 11 WHEREAS, on or about August 31, 2015, the City accepted Easement Deeds from the Associations, which Ridgewood Estates Easement Deed is dated July 31, 2015, and is recorded in Volume 1286, Page 281 of the City of South Burlington Land Records, and which Indian Creek Easement Deed is dated July 28, 2015, and recorded in Volume 1286, Page 276 of the City of South Burlington Land Records, for access to and ownership of stormwater system improvements, which are identified on a plan entitled, “Ridgewood/Indian Creek Condominiums, South Burlington, Vermont, As Built Plan” prepared by Llewellyn Howley, Inc., dated January 19, 2011, and attached as Exhibit A to both the Ridgewood Easement Deed and the Indian Creek Easement Deed 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 interests conveyed to the City to maintain such improvements are collectively 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. NOW THEREFORE, in consideration of these mutual premises and other good and valuable consideration, the Associations, acting by and through their 4 of 11 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: 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 5 of 11 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 such easements or other interests. In connection therewith, the Associations and their members acknowledge and agree that: 6 of 11 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; b.Building and recreation-related structures, retaining walls or other structures (excluding the Stormwater System), such as pools, fences, 7 of 11 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 a certain Stormwater System Maintenance Agreement, dated January 8, 2010, and recorded in Volume 915, Page 98 of the City of South Burlington Land Records, is hereby terminated, void and of no further force and effect. 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 8 of 11 (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. Although the Associations are collectively parties to this Agreement based on contiguous infrastructure on neighboring common lands, the City agrees to deal with each party hereto individually relative to every facet of this Agreement and the obligation and liability for any action required or refrained, or any breach hereof shall be solely a several responsibility of that party, meaning that a breach by one non-City party shall not be a breach of the other non-City party, and neither non- City party shall be responsible for the obligations, duties and responsibilities of the other. 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 stormwater discharge permit to the Associations. Upon transfer of the stormwater discharge permit to the Associations, the City shall pay its pro-rata share of the Permit’s annual operating fee, based on 9 of 11 the respective impervious surface area owned by the 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 she acknowledged this instrument, by her subscribed, to be her 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 #: Memo To: South Burlington City Council From: Dave Wheeler, Stormwater Superintendent CC: Jessie Baker, City Manager Tom DiPietro, Deputy Director of Environmental Services Date: November 22, 2021 Re: Acceptance of Stonehedge 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 properties covered by State of Vermont stormwater permit 2- 0100 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 is a legal agreement related to moving the expired 2-0100 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- 0100 under the City’s MS4 permit. If you have any questions, please contact me at (802) 658 – 7961 x6108 or dwheeler@sburl.com. 1 MS4 PERMIT COVERAGE AGREEMENT This Stormwater System MS4 Permit Coverage Agreement, effective this ____ day of ______________, 20___, (the “Agreement”), is by and between STONEHEDGE NORTH CONDOMINIUM ASSOCIATION, INC. a/k/a STONEHEDGE NORTH AREA ASSOCIATION, INC., a Vermont nonprofit corporation with its principal place of business in City of South Burlington, County of Chittenden and State of Vermont; STONEHEDGE SOUTH AREA ASSOCIATION, INC., a Vermont nonprofit corporation with its principal place of business in 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 “City”. W I T N E S S E T H: WHEREAS, the Associations are organizations whose membership includes the owners of units in the Stonehedge Condominiums Clusters A through O (collectively, the “Condominium” herein), which are subject to the terms and conditions of an Agreement and Declarations of Covenants, Easements, Charges and Liens of Glenwood Corp. and Stonehedge Area Association, dated December 29, 1978, and recorded in Volume 150, Page 63 of the City of South Burlington Land Records; an Agreement and Declarations of Covenants, Easements, Charges and Liens of Glenwood Corp. and Stonehedge Area Association, dated September 24, 1979, and recorded in Volume 154, Page 313 of the City of South Burlington Land 2 Records; and a Declarations of Covenants, Easements, Charges and Liens of Glenwood Corp. and Stonehedge Area Association, dated February 19, 1982, and recorded in Volume 176, Page 562 of the City of South Burlington Land Records, and as amended; and WHEREAS, the Vermont Agency of Natural Resources (the “Agency” herein) issued Discharge Permit No. 2-0100 (the “Permit” herein) to the Associations, authorizing a discharge of stormwater runoff from the impervious surfaces of the Condominium to Potash Brook, which required construction and maintenance of certain improvements within the Condominium to manage the discharge of stormwater; and WHEREAS, the Permit 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 Systems No. 7027-9014.A1RA1A1 (the “MS4 Permit”), provided the Associations 3 comply with Ordinance § 7.1, as amended, and provided further that the Associations have conveyed and the City has accepted an easement deed from the Associations for access to and ownership of the stormwater system improvements; and WHEREAS, on or before September 14, 2015, the City accepted an Easement Deed from the Associations, which is last dated September 26, 2014, and is recorded in Volume 1288, Page 280- of the City of South Burlington Land Records, for access to and ownership of stormwater system improvements, which are depicted as “Utility and/or Pipeline Easement” on Sheet C-102R of a plan set entitled, “Stonehedge Stormwater Improvements, South Burlington, Vermont, Overall Real Estate Site Plan,” prepared by DuBois & King, Inc., dated August 30, 2013, and recorded in Map Slide 587, Page 4 of 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 interests conveyed to the City to maintain such improvements are collectively 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. 4 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: 5 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 6 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; 7 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 within either the Easement or the City’s road rights-of-way. (collectively, the “Associations’ Stormwater Improvements”). 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.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 its 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 8 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. 10.Notwithstanding Paragraph 9, 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 City and the Associations, if the Agency does not waive and assesses said operating fee. 11.This Agreement shall be recorded in the City of South Burlington Land Records. 12.This Agreement may only be amended by written agreement of the parties. 13.This Agreement shall be binding upon the parties hereto and their respective successors and assigns. 14.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. 15.The Recitals to this Agreement are incorporated herein. 180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov To: South Burlington City Council From: Jessie Baker, City Manager Date: December 2, 2021 Re: Municipal Mask Mandate On November 22 the Legislature passed and on November 23 the Governor signed S.1, “An act relating to temporary municipal rules in response to COVID-19.” This legislation authorizes towns, cities, and villages to establish masking requirements through rule. The Council may initially adopt masking requirements for up to 45 days and may renew it subsequently for 30-day periods through April 30, 2022. The Council cannot make such a rule for schools. This legislation is a permissive grant of authority not a mandate. Council Options: To assist in facilitating this conversation with the Council, we have put together two proposed resolutions. These resolutions are based on the model provided by the Vermont League of Cities and Towns. Options for your consideration are: 1.Do nothing. This is always an option. The Council can decide to not take any action around a mandate. 2.Get more feedback. The Council can discuss and consider the options, solicit additional feedback, and take action at a future meeting. 3.Implement a mask mandate in City-owned buildings that are open to the public. A draft resolution to this end is provided. 4.Implement a mask mandate in City-owned buildings that are open to the public and in all indoor locations in the City that are open to the public. A draft resolution to this end is provided. If 3 or 4 above are selected, we recommend an effective date of December 8, 2021 to give us a day to notice this to the community. Data: The Vermont Department of Health provides data on COVID-19. Limited community level data is provided. Since the end of July, 2021, we have tracked the South Burlington aggregate COVID-19 cases. We have seen an average of 23 new cases a week since this time with a low of 18 in August and a high of 44 in November. Vaccination rate data by town is reported monthly. As of November 18th, over 90% of South Burlington residents 12 and older have received at least one dose of the vaccine. If we look at this data by county, 79% of residents age 5+ have received two doses. 0 10 20 30 40 50 8/11/2021 9/11/2021 10/11/2021 11/11/2021 New Cases per Week 600 700 800 900 1000 1100 7/28/2021 8/28/2021 9/28/2021 10/28/2021 Total Cases 180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov Brattleboro, Warren, and Burlington have implemented a mask mandate for all public buildings. Hartford and Hinesburg discussed a mandate but did not put one in place. Milton is not implementing a mandate. To our current knowledge: •Charlotte is discussing on December 6th •Essex is discussing on December 6th •Richmond is discussing on December 6th •Winooski is discussing on December 6th •Shelburne is discussing on December 7th •Williston is discussing on December 7th RESOLUTION AND RULE REGARDING USE OF FACE COVERINGS WITHIN CITY OWNED BUILDINGS WITHIN THE CITY OF SOUTH BURLINGTON WHEREAS, on November 23, 2021, the Vermont Legislature enacted, and the Governor signed, Act 1 (S.1) relating to temporary municipal rules in response to Covid-19; and WHEREAS, the City Council desires to enact and encourage measures that promote the public health, safety, and welfare of its residents to further the goal of slowing the spread of COVID-19; and WHEREAS, in accordance with the authority granted under Act 1, the City Council desires to adopt a temporary rule requiring the use of face coverings within City owned buildings that are open to the public within the City of South Burlington. NOW THEREFORE BE IT RESOLVED, that the South Burlington City Council hereby adopts a Rule, requiring all individuals in the City of South Burlington to wear a face covering that covers at least their mouth and nose within City owned buildings in the City of South Burlington that are open to the public. NOW THEREFORE BE IT FURTHER RESOLVED, that face coverings are not required for children under two (2) years of age; a person with a disability who cannot wear a face covering or cannot safely wear a face covering for reasons related to their disability; a person for whom wearing a face covering would create a risk to workplace health, safety, or job duty as determined by the workplace risk assessment; or any person while eating or drinking inside a City owned building that is open to the public. This Rule is in addition to all other ordinances and rules of the City of South Burlington and all applicable laws of the State of Vermont. All ordinances, rules, or parts of ordinances, rules, resolutions, regulations, or other documents inconsistent with the provisions of this Rule are hereby repealed to the extent of such inconsistency. If any section or provision of this Rule is held by a court of competent jurisdiction to be invalid, such finding shall not invalidate any other part of this Rule. This Rule shall take effect at 7:30 am on Wednesday, December 8, 2021 and shall remain in effect for a period not to exceed 45 days following its initial adoption. The City Council shall meet during the 45-day period in which this initial Rule is in effect and vote either to rescind this Rule or to extend it for an additional 30 days. Thereafter, the City Council shall meet at a minimum once every 30 days to reconsider this Rule, at which meeting the City Council shall vote either to rescind this Rule or to extend it for an additional 30-day period. The filing of a petition under 24 V.S.A. §§ 1972 and 1973, shall not govern the taking effect of this Rule. Dated at South Burlington, Vermont this ___ day of December, 2021. ______________________ ______________________ Helen Riehle, Chair Meaghan Emery, Vice Chair ______________________ _______________________ Tim Barritt, Clerk Thomas Chittenden _______________________ Matt Cota RESOLUTION AND RULE REGARDING USE OF FACE COVERINGS WITHIN CITY OWNED BUILDINGS AND IN PLACES OF PUBLIC ACCESS WITHIN THE CITY OF SOUTH BURLINGTON WHEREAS, on November 23, 2021, the Vermont Legislature enacted, and the Governor signed, Act 1 (S.1) relating to temporary municipal rules in response to Covid-19; and WHEREAS, the City Council desires to enact and encourage measures that promote the public health, safety, and welfare of its residents to further the goal of slowing the spread of COVID-19; and WHEREAS, in accordance with the authority granted under Act 1, the City Council desires to adopt a temporary rule requiring the use of face coverings within City owned buildings that are open to the public and in place of public access within the City of South Burlington. NOW THEREFORE BE IT RESOLVED, that the South Burlington City Council hereby adopts a Rule, effective at 6:00 am on Wednesday, December 8, 2021, requiring all individuals in the City of South Burlington to wear a face covering that covers at least their mouth and nose within City owned buildings that are open to the public and while indoors at locations that are open to the public in the City of South Burlington. NOW THEREFORE BE IT FURTHER RESOLVED, that face coverings are not required for children under two (2) years of age; a person with a disability who cannot wear a face covering or cannot safely wear a face covering for reasons related to their disability; a person for whom wearing a face covering would create a risk to workplace health, safety, or job duty as determined by the workplace risk assessment; or any person while eating or drinking inside any establishment that serves food or beverage. This Rule is in addition to all other ordinances and rules of the City of South Burlington and all applicable laws of the State of Vermont. All ordinances, rules, or parts of ordinances, rules, resolutions, regulations, or other documents inconsistent with the provisions of this Rule are hereby repealed to the extent of such inconsistency. If any section or provision of this Rule is held by a court of competent jurisdiction to be invalid, such finding shall not invalidate any other part of this Rule. This Rule shall take effect at 6:00 am on Wednesday, December 8, 2021 and shall remain in effect for a period not to exceed 45 days following its initial adoption. The City Council shall meet during the 45-day period in which this initial Rule is in effect and vote either to rescind this Rule or to extend it for an additional 30 days. Thereafter, the City Council shall meet at a minimum once every 30 days to reconsider this Rule, at which meeting the City Council shall vote either to rescind this Rule or to extend it for an additional 30-day period. The filing of a petition under 24 V.S.A. §§ 1972 and 1973, shall not govern the taking effect of this Rule. Dated at South Burlington, Vermont this ___ day of December, 2021. ______________________ ______________________ Helen Riehle, Chair Meaghan Emery, Vice Chair ______________________ _______________________ Tim Barritt, Clerk Thomas Chittenden _______________________ Matt Cota 180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.s bvt.gov MEMORANDUM TO: South Burlington City Council Jessie Baker, City Manager FROM: Paul Conner, Director of Planning & Zoning, on behalf of the Planning Commission SUBJECT: Proposed Amendments to the Land Development Regulations DATE: December 6, 2021 City Council Meeting Monday evening, Jessica Louisos and I will provide a presentation to the Council outlining contents the draft LDRs and addressing Councilors’ items identified last month. A copy of the presentation itself will be provided to Councilors and posted to the City’s website shortly after Monday’s presentation. Two versions of the complete draft are available online: A “clean” and a “redline marked-up” versions are posted to the project webpage. Contents of Amendments: The proposed amendments fall into four broad categories: •Environmental Protection Standards •Master Plans, Subdivisions, Planned Unit Developments •Zoning District Changes •Stand-Alone Amendments Within each category, staff has prepared a series of brief 1-2 page “spotlights” on individual topics and subjects included in the draft amendments. These spotlights, alongside other resources including the draft LDRs, interactive map view of the natural resources included in the Environmental Protection Standards, public comments received during the Planning Commission’s Public hearing process, and more, are posted on the project webpage. For the purposes of warning and holding a public hearing, there is also a formal listing of each amendment, below. The amendments, categorized in this way, are summarized and assessed with respect to the City’s Comprehensive Plan in the formal Planning Commission Report on the Proposed Amendments, prepared in accordance with State law. 2 Proposed Land Development Regulation Amendments: A.LDR-20-01: Replace Surface Water Protection Standards with Environmental Protection Standards, including existing 100-year floodplain, river corridor & stream buffer, wetland & wetland buffer, and stormwater management standards; establish standards regarding 500-year (0.2%) floodplain, habitat block, habitat connector, steep slope, and very steep slope standards; establish criteria to evaluate undue adverse effect; and related amendments referencing the above-listed resources. (Sections 2.02, 2.03, 3.01, 3.02, 9.06, 10.01, 10.06, Article 12) B.LDR-21-02: Generally amend or replace existing Subdivision, Master Plan, Planned Unit Development (PUD), Site Plan, Conservation PUD, Traditional Neighborhood Development PUD, Civic Space Types, Street Types, Building Type, and related zoning district, procedural, and site plan standards (Sections 2.02, 3.01, 3.06, 5.08, 6.05, 8.04, 17.08, Articles 9, 11, 11.A, 11.B. 11.C, 14, 15, 15.A, 15.C, 15.C, 11, Appendices C and E) C.LDR-20-08: Modify required setbacks applicable to arterial and collector roads (Section 3.06) D.LDR-21-04: Modify Southeast Quadrant sub-district boundaries including and between Natural Resource Protection, Neighborhood Residential, and Village Residential (Official Zoning Map) E.LDR-21-05: Change zoning of land to the west of Hinesburg Road, immediately south of I-89, from Industrial-Open Space to Residential 7-Neighborhood Commercial (Official Zoning Map) F.LDR-21-06: Modify Commercial 1- Residential 15 and Residential 4 boundaries in vicinity of Lindenwood Dr to more closely follow property lines (Official Zoning Map) G.LDR-21-07: Update city-wide stormwater standards, including for consistency with state regulations (Section 13.05, formerly 12.03) H.LDR-20-10: Establish maximum building envelopes for allowed development in the SEQ-NRP subdistrict, modify allowed building types (Section 9.12) I.LDR-20-17: Extend Southeast Quadrant zoning district residential building design standards city-wide, update standards (Section 13.17, formerly Sections 9.08, 9.09, 9.10) J.LDR-21-01 Require Solar-Ready Roofs for new buildings subject to Commercial Building Energy Standards (Section 3.18, formerly 3.15) K.LDR-19-07 Modify landscape requirements to allow for Solar Canopies in Parking Areas; (Section 13.04) L.LDR-20-22: Update to comply with Act 179 pertaining to accessory dwelling units, existing small lots, and conditional use criteria for multi-family housing (Sections 3.05, 3.10, 3.11, 14.11) M.LDR-20-25: Increase maximum allowed area of accessory structures and update for consistency with Act 179 (Section 3.10) N.LDR-20-28: Expand inclusionary zoning, offset, and bonus provisions city-wide, replacing existing bonus standards where existing (Sections 18.01, 18.02) O.LDR-21-03: Allow for “limited neighborhood commercial use” within a larger residential building for neighborhoods with Master Plan (Section 14.11) P.LDR-21-07: Exempt the conversion of a dwelling to a licensed child care facility from housing preservation requirements (Section 18.03) Q.LDR-20-21 Minor and technical amendments to include: o Modify retaining wall standards (Section 13.16, formerly 13.25); o Eliminate DRB review of Bus Shelters within city ROW (Section 13.09); o Amend RV Parking standards (Section 3.09); o Amend Traffic visibility standards for consistency (Section 3.06); o Update Airport Approach Cones & FAA review (Sections 3.07, 6.02, 6.03, 13.06 [formerly 13.03]); o Amend review standards of Earth Products (Section 14.11 [formerly 13.17]); o Amend review standards for Utility Cabinets and Similar (Section 13.12 [formerly 13.19]); o Re-organize standards for drive-throughs (Appendix C and Section 14.11 [formerly 5.01, 5.02, 13.11]); o Update & clarify height of Accessory Structures (Section 13.10); o Update additional Height Standards for consistency (Section 3.07); o Modify standards for structures requiring setbacks (Section 3.06); o Modify setbacks for pre-existing lots (Section 3.06); o Update setbacks and Buffer Strips for Non- Residential Uses Adjacent to Residential Districts for consistency (Section 3.06); o General re-organization, definitions updates, and corrections (throughout) City of South Burlington FY 2023 Proposed Budget Jessie Baker, City Manager Andrew Bolduc, Deputy City Manager Martha Machar, Finance Officer City Council December 6, 2021 Overview •Council Goals •FY23 Assumptions •FY23 Budget Priorities •FY23 General Fund •Pennies for Paths and Open Space •Capital Improvement Plan •Enterprise Funds •Fund Balances •Emerging Issues •Next Steps All Proposed FY23 Budget documents available here: www.southburlingtonvt.gov/d epartments/finance/fy_23_bu dget.php Council Goals At the September 20, 2021 meeting, the Council shared the following goals: •Maintain current service levels •Stay at or under a 3% tax rate increase to fund municipal operations •Ensure sustainable fund balance levels for future Councils •Maintain investment in capital –specifically stripping and paving FY23 Assumptions •Grand list growth of 1.4% •Local Options Tax to rebound to pre-pandemic levels •COLA of 3.5% •Health Insurance increase of 8.0% •Other insurance increase of 15.5% •VMERS increase of 0.5% •Maintain level of service to the community and focus on priorities FY23 Budget Priorities •Maximize the service delivery of 180 Market Street o Library staffing: 2 new PT, 1 28 hour to full time, increased sub time o Handyperson •Focus on Information Technology Infrastructure for better more resilient service delivery o Information Technology staffing: 1 FTE o Modernize body camera and cruiser camera technology o Office 365 Implementation o Permitting automation •Focus on capital planning strategy and connecting to maintenance o 1 FTE to oversee City-wide capital projects and connect to maintenance staff. Split between General Fund and Enterprise Funds FY23 Budget Priorities •Maximize ARPA for one-time costs •Remaining ARPA Funds = $4.5M •Other ideas discussed o $1M for the Housing Trust Fund o Funding to support businesses, commerce and hospitality events o Stormwater and/or Wastewater projects o Public process for identifying priorities ARPA Funded Salary Lines (at 80%)$230,519 ARPA CIP Projects Dispatch consoles $225,000 Ambulance $310,000 Microsoft Office 365 $39,000 P & Z Software $50,000 Firefighting clothing $48,000 Subtotal $672,000 Total in FY23 Proposed Budget $902,519 FY23 General Fund Summary GF Expenditures $28,473,095.88 6.46% increase GF Non-Property Tax Revenues $10,448,666.00 11.78% increase General Fund Tax Levy $18,024,429.89 3.60% increase FY23 Estimate Operational Tax Rate $0.4438 2.02% increase (GF= General Fund) Impact of operational costs to the average residential property tax payer: For condo at $289,865 = increase of $25.46 annually or $2.12 per month For primary residence at $432,720 = increase of $38.01 annually or $3.17 per month FY23 GF Revenues ACCOUNT 2019 2020 2020 2021 2021 2022 2023 2022 vs 2023 2022 vs 2023 DESCRIPTION ACTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET BUDGET $(+/-)%(+/-) Local Option Tax-Sales $3,002,190.90 $2,780,000.00 $2,853,896.04 $3,000,000.00 $3,022,930.29 $2,950,000.00 $3,083,388.90 $133,388.90 4.52% Local Option Tax-Rooms/Me $1,040,874.58 $1,010,000.00 $975,603.29 $1,050,000.00 $665,898.41 $850,000.00 $950,000.00 $100,000.00 11.76% $4,043,065.48 $3,790,000.00 $3,829,499.33 $4,050,000.00 $3,688,828.70 $3,800,000.00 $4,033,388.90 $233,388.90 6.14% •General Fund Operating Budget •63.3% of the General Fund revenues are from property taxes •36.7% from non-property tax revenues •Projecting local options taxes to rebound to pre-Covid levels •$902,519 in one-time or salary ARPA investments •9.7% of the 11.78% increase in the non-property tax revenue is attributable to the use of these one-time funds •Formula based enterprise support to General Fund –with incremental implementation over 3 years •Anticipating continued lower programming revenues •Projecting increases in permitting revenues FY23 GF Expenditures Administration (Insurance, Manager, Legal, IT, Physical Plant, Finance) 12% Capital Reserves 3% City Clerk 1% City Council 0% Community Programs 3% Debt Service 5% Fire and Ambulance 15% HR and Benefits Administration 20% Library 3% Planning and Zoning 2% Police 20% Public Works 13% Recreation and Parks 3%Service Area FY23 Proposed Budget Administration (Insurance, Manager, Legal, IT, Physical Plant, Finance)$3,403,480 Capital Reserves $943,200 City Clerk $285,901 City Council $73,750 Community Programs $843,143 Debt Service $1,490,293 Fire and Ambulance $4,129,031 HR and Benefits Administration $5,668,833 Library $866,630 Planning and Zoning $563,713 Police $5,760,136 Public Works $3,746,581 Recreation and Parks $698,403 Total Proposed Budget $28,473,096 Pennies •Separated from General Fund Operations budget •Represents $.0200 on the tax rate •For a total estimated tax rate of $0.4638 FY22 Budget FY23 Budget Increase with reappraisal Open space $310,870 $406,154 $95,284 30.7% Penny for Paths $310,870 $406,154 $95,284 30.7% Capital Improvement Plan •Integrated into the General Fund process to link capital investment to maintenance and to present complete picture •Added 1 FTE for CIP management to be determined by future Director •$1,063,992 (or 9.8%) increase in total capital investments from FY22 o $574,000 of funding from ARPA •$268,414 (10.51%) increase in property-tax investments from FY22. •Future years: Separate from Operating Budgets $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 FY18 FY19 FY20 FY21 FY22 FY23 Total GF -CIP Spending $2,000,000 $2,100,000 $2,200,000 $2,300,000 $2,400,000 $2,500,000 $2,600,000 $2,700,000 $2,800,000 $2,900,000 $3,000,000 FY18 FY19 FY20 FY21 FY22 FY 23 Property-tax –CIP Spending Capital Improvement Plan Prioritized Projects •Recreation Center Planning at $75k •Capital Improvements Reserve for City Center maintained at $860k •Increase paving budget by $50k •Park Improvements increased by $65k •ARPA Funding: o Technology and permitting improvement at $89K o Ambulance Replacement at $310k o Dispatch console upgrades at $225k Enterprise Funds Utility Existing Fiscal Year 2022 Rate Fiscal Year 2022 Annual Fee for the Average Home Owner Proposed Fiscal Year 2023 Rate % Increase from FY’22 to FY’23 Annual Increase for South Burlington Home Owner Stormwater $7.20 per month per residential unit $86.40 $7.32 per month for residential units 1.67%$1.44 Sewer $42.99 per 1,000 cubic feet $350.01 $43.64 per 1,000 cubic feet 1.95%$6.83 Water $32.40 per 1,000 cubic feet $285.14 $ per 1,000 cubic feet ****** ***Chittenden Water District will be reviewing their rates over the next six weeks. These will be provided for your January 3rd meeting. Fund Balance Emerging Issues •Tracking inflation and unpredictable cost of goods in FY23 •Union contracts not settled •Regional Dispatch planning •Climate Action Plan –anticipate future funding needs •With understandable 1% increase last year, 3% increase this year requires that we are still “catching up” •Currently budgeting $247,346.40 in revenue with 2 captive partners. May add a third partner. What’s Next •Service Area Presentations: Staffing, budget changes, emerging issues, and highlights o December 6 –General Administration, Library, Recreation and Parks o December 20 –Public Safety o January 3 –Public Works, Community Development, Energy Projects, Open Space and Penny for Paths o January 10 –Public Hearing and possible approval o January 18 –Approve Enterprise Funds o January 24 –Steering Committee o February 28 –Annual Meeting o March 1 –Town Meeting Day Recommended Motion: Set a Public Hearing on the FY23 Budget including the Capital Improvement Plan for January 10, 2022 All Proposed FY23 Budget documents available here: www.southburlingtonvt.gov/departme nts/finance/fy_23_budget.php City of South Burlington FY 2023 Proposed Budget: Administration Jessie Baker, City Manager Andrew Bolduc, Deputy City Manager City Council December 6, 2021 Overview •Staffing •FY23 Budget Items •Emerging Issues •Spotlight! Staffing Jessie Baker City Manager Andrew Bolduc Deputy City Manager Paul Conner Dir. of Planning & Zoning (Team of 5) Coralee Holm Dir. of HR and Communications (Team of 2) Mike Mott Dir. of IT(Team of 2) Martha Lyons Dir. Tax Collection & Assessment (Team of 2 & consultant) Greg Yandow Dir. of Physical Plant (Team of 3) Martha Machar Finance Officer(Team of 3) Colin McNeil City Attorney (Team of 2) Donna Kinville City Clerk(Team of 4) Andrea Leo Public Service Specialist Voters FT Deputy City Clerk FT Assistant City Clerk PT Assistant City Clerk FY23 Budget: Revenue FY23 Budget: Expenditures Creation of a Physical Plant Budget •Previously moved from a contract based maintenance approach to a staffed approach •Add a full-time (FT) position Facilities Manager in Physical Plant to address repairs in real-time by bringing skills and knowledge of the trades, instead of deferring these maintenance items until an outside contractor can be secured •Examples of support: roof leaks, painting, carpentry, simple plumbing, and HVAC filter maintenance. •With increased use of our public and secure spaces, we are seeing an increased need to repair dings and minor wall damage, doors and locks, bathroom plumbing issues, painting areas, carpet cleaning •Team will work across all buildings: Public Works, two wastewater treatment plants, Police Station, 2 Fire Stations, and Wheeler House FY23 Budget: Expenditures Focus on Information Technology Infrastructure for better more resilient service delivery •Implementation of Office 365 o Exchange online –email hosted in Microsoft’s cloud o Teams –an application for chat and video conferencing o Sharepoint –a home for each department (website / file storage) o Industry leading security and reliability o Office Suite for all staff o Other benefits: Spend less on server hardware and on-site energy costs •Implementation of permitting & development review workflow software •Staffing: Full-time (FT) position in Information Technology –Support full use of technology at 180 Market Street and other departments with a focus on audio- visual expertise. FY23 Budget: Expenditures Clerk’s Office: •Expenditures, outside of election expenses, have remained relatively constant from FY22. •Election expenses have increased $14,800 due to a state primary in August and a mid-term election in November. •Total expenditures, outside of personnel, have increased $15,075 from FY22. Customer Service Staffing •Part-time (PT) position in the Welcome Center –Support additional time for Tax Collection/Assessing Emerging Issues •Assessor: o Work in conjunction with NEMRC on neighborhoods where inequities in values noticed from the reappraisal. o New State software coming online for FY23 Grand List, tax bills and sales verifications •Clerk’s Office o Attempting to put land records online but requiring a subscription fee to view the index (names) and look at documents. I am trying to protect our citizens privacy as well as protecting our research revenue. Current vendor said they could do this but now says no. o Depending on the outcome of reapportionment, we could see an increase of 2 polling locations which we will have to buy equipment for and staff for every election. This is not in the 2023 budget. Emerging Issues •Data-driven decision support o Connecting the dots between data sources: parcels, infrastructure, grand list, permitting, emergency response, Census, etc. Multi-year project linked at each stage of software development and implementation o Consideration in future years for analyst role to support all departments •Climate Action Plan –Future Funding? o Considerations for implementation of ambitious climate goals •Implementation of the Captive and ability to secure a third partner •Recruitment challenges nationally Spotlight! •Successful reappraisal amidst a significant staffing transition. Thanks to Martha L and Meredith for going above and beyond! •Flexibility during the pandemic. Staff worked closely with the SBBA to allow our businesses to adapt to the changing conditions of the pandemic: outdoor seating, signage, food trucks, etc. •Robust community engagement and tremendous work of the Planning Commission throughout Interim Zoning •City Center! New buildings, renovations, and community energy! Spotlight! •One of the biggest accomplishments we had this year was the move to 180 Market St. Maintained services throughout move! •Very busy for a non-election year with approximately 100 assessment appeals and reapportionment. A significant period of transition for many of our staff •Return from COVID •New Manager and Deputy •Move to new facility •Own offices to open-office-concept •Real life changes The team stepped up with curiosity, patience, grace, and great attitudes! City of South Burlington FY 2023 Proposed Budget: Library Jennifer Murray, Director Ted Lenski, Treasurer City Council 12/6/2021 Overview •Staffing •FY23 Budget Items •Emerging Issues •Spotlight! Staffing The Library budget’s most significant increase is around staff hours. The hours gained in this budget will allow us to add two hours a day Monday –Thursday. This budget makes one of our part-time staff 40 hours, adds two 19 hour assistants and allows for additional substitute hours. Minimum staffing during evening and weekend hours requires two people upstairs and two downstairs for safety and to engage in a high level of customer service. FY23 Budget: Revenue Significant Changes from FY22 to FY23 •Revenue is anticipated to rise in this budget as staff pursue library programming grants, the auditorium and other rooms are available for rental, and other fees for out of town cards, replacement cards and proctoring increase. FY23 Budget: Expenditures Significant Changes from FY22 to FY23 o As noted, the primary changes to our budget are for Library staff. We also have an increase in janitorial services and in building maintenance services. The Library pays 68% of two positions in keeping with square footage in the building. Spending is down on computer hardware and other library equipment that we needed to open. Emerging Issues •Responding to COVID needs is an ongoing issue as we learn best how to serve families with children at home and older adults who want to engage and be social. •The growth of new American populations and how best to invite them in and serve their interests. •Working more closely with helping agencies to offer space, computers and information resources. •Cost of streaming services, ebooks and databases and evaluation of service. Spotlight! o In addition to the staff who provide excellent circulation services, two self checkout machines are now in operation. Staff initiated a contest to encourage use. Over 1,000 new library cards were created since July. o Poetry and music have taken a front seat at the library, where we now offer weekly poetry group meetings and monthly, intergenerational, Open Mic program. o In Children’s, crowds are coming in to help their babies and toddlers socialize, listen and sing. Crafty ideas afterschool draw new families in. o The Gallery Wall and display cabinets have added a visual arts and curio element to the library, from yellow uranium glass to photographs and watercolors. Residents are lined up to display their works and collectors are invited to contact us. Holly Rees, Director FY23 City Council Budget Presentation December 6, 2021 Who Is SB Recreation & Parks? Holly Rees, CPRP Director Rebecca Isham Senior/Adult Recreation Specialist Travis Ladd Special Projects Coordinator Brett Leonard, CPRP Recreation Specialist The mission of the Recreation and Parks Department is to create and support dynamic public spaces and programs which grow, inspire and create inclusive social interactions through land and people. We aim to foster a supportive and constructive environment that embraces equity through inclusive decision making and mindful daily actions. Vacant Recreation Specialist FY23 Budget: Expenditures Increase from FY22 to FY23 expenses is $26,000. This is inclusive of a $65,000 increase in the CIP. FY21 significant COVID impacts on staffing dollars and contractual program dollars; slowly rebuilding budget to support recovery. CIP Impacts FY21 Budget FY21 Actual FY22 Budget FY23 Proposed $612,550.39 $366,881.96 $672,171.93 $698,403.10 Budget Actual FY20 $265,000.00 $7,000.00 FY21 $180,000.00 $87,000.00 FY22 $35,000.00 FY23 $100,000.00 FY23 Budget: Revenue Program Impacts due to no indoor space, limited school use Youth Programs -$20,000 Adult Programs -$15,000 Driver’s Ed supported an extra session in FY 22 due to COVID 4 sessions to 3 sessions -$11,000 SoBu Nite Out Streamlined Revenues needed to support event -$10,000 VRPA Discount Tix Program has ended -$9,600 FY21 Budget FY21 Actual FY22 Budget FY23 Proposed $205,600.00 $52,089.25 $242,100.00 $171,500.00 CIP Projects for FY23 South Village Recreation Amenity -$125,000 (Rec Impact Fees) Develop a recreation amenity in South Village. Jaycee Park Skinned Softball Field -$25,000 There is currently not a skinned softball field in our So. Burlington inventory, an element that many other like sized communities have. A growing interest in both youth and adult softball have been vocal in their interest to have the Jaycee Park field skinned and reserved only for softball. Szymanski Pickleball Court Creation -$40,000 Resurfacing of court amenity to include creation of 4 pickleball courts and net installation, as well as needed upgrades. This project was deferred through two CIP cycles due to COVID. Szymanski Basketball Court Resurface -$15,000 Resurface, relining of basketball court and replacement of aged and outdated hoops. Veterans Memorial Park Athletic Field Improvements -$10,000 Our fields have had excessive use over the last 5+ years and are in need of proper athletic field maintenance to ensure longevity and user safety. Utility Vehicle -$26,000 (Field Fees) Utility vehicle used to support various recreational activities to include athletics, parks, programs, and community events. Roof Replacements -$10,000 Replacement of roofs at the following park amenities: Jaycee Pavilion and Red Rocks Pavilion. Deferred CIP Projects Jaycee Parking Lot Repaving-$50,000 Repaving the parking lot at Jaycee Park. Szymanski Rec Path Improvements-$50,000 Removal of tree root structures and rerouting water flow to minimize deterioration of infrastructure. Fresh coat of asphalt application. Red Rocks Facility Replacement -$500,000 Renovation and/or replacement costs for the Red Rocks Bathhouse did not make top priority with the Open Space Funds, yet remains an essential need. We hear comments weekly in the summer months from patrons about the limited functionality of the facility, as well as the ongoing frustration that maintaining the plumbing of the facility is to the Parks Foreman. Each year we have more limited amenities and are only to provide functionality to about 1/4 of the original design elements of the facility. Veterans Memorial Irrigation Upgrades-$50,000 Replacement of 15+ year old irrigation system on all baseball fields and the two designated soccer fields. Veterans Memorial Park Athletic Field Improvements -$200,000 Our fields have had excessive use over the last 5+ years and are in need of proper athletic field maintenance to ensure longevity and user safety. Veterans Memorial Playground Parking Lot Repaving-$100,000 Repaving of the playground area parking lot at Veterans Memorial Park. Baseball Field Dugout Replacements -$35,000 The dug outs were constructed years ago in conjunction with South Burlington Little League and through contract with the Burlington Technical School. As these age, they are showing signs of wear and tear. Though fresh paint has been applied as needed and single repair when required, the time to replace one set annual has arrived. Deferred CIP Projects Cont’d. Veterans Memorial Band Shell Beam Replacement-$25,000 There is a beam on the band shell that will need to be replaced due to rotting. Band Shell Lighting-$20,000 Event/safety lighting for seasonal community engagement opportunities. Veterans Memorial Basketball Courts-$50,000 Complete Recap of basketball courts plus resurfacing and paint. Parks Master Plan-$100,000 It has long been desired that our parks system take an accounting of our current assets and plan for additional needs that the gap analysis showed. In addition, it is essential that we prepare for the future, highlighting desired parks, lands and amenities to provide for our current and future community. Fleet Replacement SUV/Truck-$50,000 Replacement Cost of Recreation Department vehicle. Also, With an increase in programs and events, we have to rely on DPW to move large items ( i.e. the gator at Red Rocks) to and from facilities. Fleet Purchase Senior Bus-$80,000 With a successful launch of a staffed senior center and gaps in the public transportation system this purchase will assist in serving the broader senior population. Dog Park Amenities-$60,000 As the City Council appointed Dog Park Committee begins its work, it will be necessary for funds to construct additional dog parks/amenities in the city. Assuming a modest budget as a placeholder for such development of Wheeler, Phase 2 improvements to Farrell and potential design work for additional lands. Department Highlights Spark the Park Thanks to the generosity and vision of North Country Federal Credit Union and SB’s own Julie Longfellow, we were able to invest in a new amenity for our community to enhance the winter holiday season, turning the bandshell at Veterans Memorial Park into a lighted Winter Wonderland. Aligned with Governor Scott’s “Light Up Vermont” initiative, this festive lights display welcomed friends and families nightly from 4:30-8:30 during the month of December. Throughout the month we saw editions of freshly built snowmen, snow shoe tracks and even a hand written “Thank you “ in the snow. We look forward to adding on to this tradition with continued financial support from North Country Federal Credit Union and are eager to continue to diversify the use of our parks in all seasons, welcoming patrons to the park with intention for continued passive exploration and memory making. Community Glow Walk While we traditionally have hosted an indoor Halloween Spooktacular Event at the Middle School, COVID protocols forced us to move all activities outside for safety.When one door closes, another opens and our creative Recreation team got to work on creating a new opportunity for our community. Taking advantage of the well designed Goose Pond on Market Street, we were able to introduce folks to Market Street by creating a “Glow Walk” on Halloween Weekend.This first year installation was so wildly popular ( brining in more than 400 people through the event) that we have decided to add it to our year inventory.We will actively look for continued sponsorship dollars in the future to sustain this event and hope to grow in annually to extend further through Market Street. Department Highlights Senior Center One of our major successes has been the launch the much anticipated Senior Center. Our new center has grown by leaps and bounds since its modest opening in August and is now fully functioning with 3-4 programs daily ( Mon-Fri), two weekly meals servicing 25-30 per seating as well as specialty events such as the upcoming Senior Holiday Meal and Senior Lights Tour.Additionally, the space has been used to support community events such as Halloween Pumpkin Carving as well as various private rentals for birthday parties, small receptions and association meetings. We look forward to continued growth as we look to add a third weekly meal option in January. First Meal in the Senior Center Senior Paint & Sip Senior Weekly Lunches Community Pumpkin Carving Event Department Opportunities Indoor Recreation Center The desire for an Indoor Recreation Center has been long established in our community to meet the growing demands for year round, reliable, predictable and scheduled municipal space to support varied sport, leisure and engagement needs. While the model of shared usage of our community school facilities for public recreation was sufficient decades ago, our growing school population and diversified out of school offerings provided by the school district have drastically limited availability for general use; causing a significant reduction in community recreation offerings in South Burlington. Significant financial and human resources have been committed in the past several years to bring this project to fruition. The FY 23 Budget includes $75,000 to fund the continuation of the Indoor Recreation Center planning; working under the guidance of the City Council for next steps in the process. Other factors to consider include; Post Pandemic Evolution of Recreation: As we move out of this pandemic, the community will be eager to engage in activities that have been limited for the years and we anticipate a resurgence of traditional game and league play that we currently can’t support. Proven Success with Senior Center: The popularity of the newly opened Senior Center provides an example of the rewards that come from investing in needed community assets. While frugal in its concept, the place making for health and wellness are priceless. School Collaboration: What are their space needs within the district? What is the strategic plan for existing infrastructure? Elementary Schools? Middle and High School Campus?