Burlington Community Development Corporation

Monday, February 5, 2024, 5:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Please click the link below to join the webinar: https://zoom.us/j/98900548545 Or Telephone: +1 646 931 3860 US Webinar ID: 989 0054 8545 1. Agenda Subject 1.1. Motion to adopt agenda Meeting February 5, 2024 - Burlington Community Development Corporation Meeting - Monday, February 5, 2024, 5:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 1. Agenda Department Council and Board Type Action Procedural Recommended Action Motion to adopt agenda 2. Public Forum Subject 2.1. Verbal Comments Meeting February 5, 2024 - Burlington Community Development Corporation Meeting - Monday, February 5, 2024, 5:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 2. Public Forum Department Council and Board Type Action Procedural Recommended Action open Public Forum close Public Forum 3. Deliberative Agenda Subject 3.1. Approval of the use of 68 Sears Lane for a construction staging area in connection with the Main Streets project - DPW *materials to be posted Page 1 of 11  Meeting February 5, 2024 - Burlington Community Development Corporation Meeting - Monday, February 5, 2024, 5:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 3. Deliberative Agenda Department Public Works Department Type Action Resolution Recommended Action waive the reading and adopt the resolution 4. Adjournment Subject 4.1. Motion to adjourn Meeting February 5, 2024 - Burlington Community Development Corporation Meeting - Monday, February 5, 2024, 5:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 4. Adjournment Department Council and Board Type Action Procedural Recommended Action Motion to adjourn Page 2 of 11 DocuSign Envelope ID: DF66704C-BD59-4F61-9411-C139E9F615CE AGENCY OF NATURAL RESOURCES State of Vermont Department of Environmental Conservation Waste Management & Prevention Division 1 National Life Drive – Davis 1 Montpelier, VT 05620-3704 (802) 828-1138 MANAGEMENT OF NON-HAZARDOUS CONTAMINATED SOIL REQUEST FORM July 2021 This form is to be used to assist in the compliance with the Investigation and Remediation of Contaminated Properties Rule (IRule) §35-803. This form takes the place of the ANR Off-site Soil Treatment Form and is to be used for the movement, stockpiling, treatment, or disposal of non-hazardous contaminated soils, both on-site and off-site. This form should be included with Soil Management Plans and Corrective Action Plans, as applicable. DEC Site Manager approval must be received, as signified by signature in Section 4, prior to the initiation of soil management work. Section 1. General Information Soil Source Site Name: Burlington Great Streets - Main Street Project ________________________________________________________________________________ Address: ___________________________________________________________________________________________ Main Street between Union and Pine; Church Street between Main and King; Fire Department Lane Facility ID#: _________________and/or Spill #: ______________and/or SMS Site #: ______________________________ 20225084 Will soils be temporarily stockpiled on-site or off-site for more than 90 days or between December 1st and April 1st? __Yes x ___No if Yes, date range: _______________ to _______________. Disposal Facility: Excess soils to be disposed at Casella NEWSVT and/or Casella Clinton County ______________________________________________________________________________________ Landfills Quantity of Soils: ______ ~10,000 cubic yards Soil Contaminants: non-hazardous waste contaminated soil (impacted with VOCs, PAHs, and RCRA 8 metals) _____________________________________________________________________________________ Check proposed soil management scenario below:  Soil will be live loaded and transported to disposal facility. If yes, skip to Section 4.  Soil to be temporarily stored on/off site, then transported to disposal facility. If yes, complete entire form.  Soil is Staying On-Site for Treatment. If yes, complete entire form.  Soil is Destined for Off-Site Stockpile, Management and Treatment. If yes, complete entire form. Section 2. Soil Stockpile Siting Criteria Checklist  There are no potable drinking water supplies within 300-foot radius of the Soil Stockpile. This limit may need to be extended if water supplies are shown to be hydraulically down gradient.  Soil Stockpile is not within zone one or two of a groundwater source protection area.  *There are no sensitive environments within 100 feet of the treatment location including, but not limited to: • Waterways (e.g., stream, river, lake, pond, wetland or floodplain zone); • State or Federally listed threatened or endangered species or habitat; • Class I or II groundwater zone; • Residence; or • Property boundary Regional Offices – Montpelier/Essex Jct./Rutland/Springfield/St. Johnsbury Page 3 of 11 DocuSign Envelope ID: DF66704C-BD59-4F61-9411-C139E9F615CE Management of Non-Hazardous Contaminated Soil Request Form Page 2  Public access to the soil is prohibited through posting no trespassing or other means approved by Secretary.  If the owner of the soil stockpiling parcel is different from the soil generator, written approval from the landowner that also grants access to the Secretary, has been obtained before stockpiling begins.  **The municipality in which the soils will be stockpiled or treated has been notified in writing of the soil stockpiling or treatment location. If applicable, local permits should be obtained. Municipal approval documents (letter, permit, etc.) attached.  ANR Atlas generated Map including the latitude and longitude of the location in decimal degrees where the soil will be stockpiled. Minimum acceptable accuracy is plus-or-minus 15 feet. Map attached. *If setback criteria from sensitive receptors cannot be achieved, please provide written explanation. **This is a requirement for off-site stockpiling of soils only. Section 3. Ownership Information Location of Soil Stockpile Generator/Owner of Soil/Responsible Party Street Address 46-68 Sears Lane Street Address Burlington Great Streets - Main Street Project Burlington Company Name City of Burlington/BCDC Company Name City of Burlington Landowner Name attn: Norm Baldwin Owner Name attn: Laura Wheelock Landowner Phone # 802-863-9094 Owner Phone # 802-338-2125 Landowner email nbaldwin@burlingtonvt.gov Owner email lwheelock@burlingtonvt.gov Section 4. Signature Section Responsible Party: As the party responsible for compliance with the Investigation and Remediation of Contaminated Properties Rule and applicable statutes, I hereby certify that the representations made on this form are to the best of my knowledge true and correct. City of Burlington, attn: Norm Baldwin __________________________________________ City Engineer ______________________________________________ Name of Owner/Operator Representative (printed) Company Title 1/31/2024 __________________________________________ __________________________________________ Signature Date Regional Offices – Montpelier/Essex Jct./Rutland/Springfield/St. Johnsbury Page 4 of 11 DocuSign Envelope ID: DF66704C-BD59-4F61-9411-C139E9F615CE Management of Non-Hazardous Contaminated Soil Request Form Page 3 Landowner: As landowner of the soil treatment stockpile location, I hereby give approval to the soil generator to stockpile the soil volume cited above at the above referenced location. In addition, I hereby grant property access to DEC investigators for the purpose of inspecting the Soil Stockpile at any reasonable time. City of Burlington/BCDC, attn: Norm Baldwin _________________________________________ Print Name 1/31/2024 _________________________________________ __________________________________________ Signature Date DEC Site Manager Approval: Rob Farley _________________________________________ Print Name _________________________________________ __________________________________________ Signature of DEC Site Manager Date of Approval Regional Offices – Montpelier/Essex Jct./Rutland/Springfield/St. Johnsbury Page 5 of 11 DocuSign Envelope ID: DF66704C-BD59-4F61-9411-C139E9F615CE 789 ÿ98ÿ89ÿ7ÿ78ÿ9 8ÿ8ÿÿ99ÿ8 8 LMNOPQRSTPL Figure created for Burlington Great Contaminated soil stockpiles from Streets - Main Street Project different Projects shall be separate, January 31, 2024 distinct, and labeled. EJEK 300-ft Radius 41&%ÿFC&%1*%)%Zÿ1)ZÿX)Z1),%&%Zÿ9B% 4FXÿ+)A'13 4FXÿ]31)* Existing Stockpile 100-ft Radius 7%*31)Zÿdÿ$97V Area for Champlain W3155ÿ3ÿ7%*31)Z Parkway Project W3155ÿÿ7%*31)Z 7%*31)Zÿ_2//%& UaV4?ÿa3((ZY1.5 a3((Zÿ\1e1&Zÿ+&%15ÿf^)3.ÿaX?+dZA,A*A +Xÿf3dB%&-%)*ÿ1))213ÿ-C1)-%ÿ/3((ZB31A)5ÿYA*Cÿ +ÿf3dB%&-%)*ÿ1))213ÿ-C1)-%ÿ/3((ZB31A)5ÿYA*C(2 +^ÿf3dB%&-%)*ÿ1))213ÿ-C1)-%ÿe()%ÿ(/ÿ5C133(Y /%%*g 26dB%&-%)*ÿ1))213ÿ-C1)-%ÿ/3((ZÿC1e1&Zÿe()% 4Ah%&ÿW(&&AZ(&5ÿf+2,ÿ51ÿ23;g 6!ÿdÿÿ5i'A6 6!d6!ÿ5i'A6 ]&Ah1*%ÿ7%335 8]9ÿH(-1*%Z 9-&%%)ÿUA,A*Ae%Z X;33ÿ+ZZ&%55ÿ?1*-C%Z 7%33Z&A33%&jW31&A() `)G)(Y)ÿH(-1*A()ÿ?%*C(Z Proposed Stockpile Area for Great Streets - 01022 V)-(&&%-*3.ÿH(-1*%Z 8&(2)Zÿ71*%&ÿ9]+ Main Street Project 34565 +-*Ah%j9C1&%Z ]&(B(5%Z V)1-*Ah% 36 1!22 ]1&-%35ÿf5*1)Z1&ZAe%Zg [1)21&.ÿ031ÿ2 = 9*&%1' DE7 9*&%1' 3 562 2 4=622 3 562?%*%&5 UV9WH+V?X46ÿFCA5ÿ'1BÿA5ÿ/(&ÿ,%)%&13ÿ&%/%&%)-%ÿ()3.6ÿU1*1ÿ31.%&5ÿ*C1*ÿ1BB%1&ÿ() F% 'B(&1&.ÿ9*(-GBA3% *CA5ÿ'1Bÿ'1.ÿ(&ÿ'1.ÿ)(*ÿ>%ÿ1--2&1*%1ÿ-2&&%)*1ÿ(&ÿ(*C%&YA5%ÿ&%3A1>3%6ÿ+04ÿ1)Z H()6ÿ6=ÿ5=06=6!3<5<V4)=4*%II&ÿ0ÿ'A H1* 7 **%)*ÿ9*&%1' 789:3;<=:7%>:?%&-1*(&:+2@A3A1&.:9BC%&% 3bÿcÿ 2< a*6 3-'ÿcÿ ! ?%*%&5 3A'A *C%ÿ9*1*%ÿ(/ÿ$%&'()*ÿ'1G%ÿ)(ÿ&%B&%5%)*1*A()5ÿ(/ÿ1).ÿGA)Z1ÿA)-32ZA),ÿ>2*ÿ)(* 4(1Z5 *%Zÿ*(1ÿ*C%ÿY1&&1)*A%5ÿ(/ÿ'%&-C1)*1>A3A*.1ÿ(&ÿ/A*)%55ÿ/(&ÿ1ÿB1&*A-231&ÿ25%1ÿ)(& "ÿ$%&'()*ÿ+,%)-.ÿ(/ÿ01*2&13ÿ4%5(2&-%5 F\V9ÿ?+]ÿV9ÿ0^FÿF^ÿ_Xÿ̀9XUÿa^4ÿ0+$V8+FV^0 1&%ÿ1).ÿ52-CÿY1&&1)*A%5ÿ*(ÿ>%ÿA'B3A%ZÿYA*Cÿ&%5B%-*ÿ*(ÿ*C%ÿZ1*1ÿ()ÿ*CA5ÿ'1B6 Page 6 of 11 AUTHORIZATION TO UTILIZE BCDC PROPERTY AT SEARS LANE FOR MAIN STREEET GREAT STREETS CONSTRUCTION STAGING In the year Two Thousand Twenty Four……………………………………………… Resolved by the Board of Directors of the Burlington Community Development Corporation (“BCDC”), as follows: That WHEREAS, BCDC owns certain property north of Sears Lane, and west of the proposed Champlain Parkway route that is commonly referred to as the “BCDC” parcel having been conveyed to BCDC by the Deed of GP Burlington South, dated March 30, 2006 and recorded in Book 955 Pages 344 through 349 of the City of Burlington land records and merged with land conveyed to BCDC by Quit Claim Deed of the City of Burlington, dated March 31, 2006 and recorded in Book 955 Pages 342 through 343 of the City of Burlington land records (together the “Property”); and WHEREAS, the City of Burlington is advancing the construction of the Main Street Great Streets Project and now sees a benefit to the construction plan in utilizing the Property for a “staging” purpose during the construction of said Parkway; and WHEREAS, as stated in BCDC’s Articles of Association, BCDC is “empowered to carry out as its primary purpose the industrial and economic development of the City of Burlington”; and WHEREAS, the Board finds that granting the use rights hereby conferred will foster BCDC’s corporate purpose; and WHEREAS, the Board recognizes the use rights of the Property previously granted in support and furtherance of the Champlain Parkway Project and finds that use rights for said project as well as the Main Street Great Streets Project are mutually feasible subject to the direction, oversight, and management of the Department of Public Works; and NOW THEREFORE, BE IT RESOLVED, by the Board of the Burlington Community Development Corporation, that, subject to BCDC and its officer, employees, and agents being added as additional insureds on a primary, non-contributory basis to the general contractor’s policy of general liability insurance, the Property acquired by BCDC from the City of Burlington in 2006 as referenced repeatedly herein, shall be made fully available for purposes of staging Main Street Great Street Project construction at any and all times deemed necessary and helpful to the construction of said Main Street Great Streets Project from the commencement of construction until completion, or until such earlier time as may be agreed upon in writing by the City of Burlington, and BCDC; and Page 7 of 11 BE IT FURTHER RESOLVED, that the BCDC President is hereby authorized to execute all documents necessary to effect the above, subject to the review and approval of legal counsel. Adopted by the Board of the BCDC, this ____ day of February 5, 2024. _____________________________ ____________________________ BCDC President BCDC Secretary Page 8 of 11  City of Burlington Department of Public Works Technical Services Engineering Division 645 Pine Street, Suite A Burlington, VT 05402 P 802‐863‐9094 / F 802‐863‐0466 / TTY 802‐863‐0450 www.burlingtonvt.gov/DPW MEMO TO: Burlington Community Development Corporation – Board of Directors FROM: Norman J. Baldwin, P.E. City Engineer/Ass’t Director of Public Works CC: Chapin Spencer, Director Laura Wheelock, Senior Public Works Engineer Re: Authorize Main Street Great Street Construction Staging at BCDC’s Sears Lane Property DATE: February 5, 2024 The Department of Public Works is seeking the support of the Burlington Community Development Corporation (BCDC) to allow the City of Burlington to make use of BCDC’s property at Sears Lane to be used as a staging area during construction of the Main Street Great Streets Project for the duration of the project. Public Works believes the Main Street Great Streets Project will improve the economic future of the City and this is aligned with BCDC’s Articles of Association, BCDC is “empowered to carry out as its primary purpose the industrial and economic development of the City of Burlington”. As such, we are hopeful the BCDC Board can support this request. Background The BCDC Parcel abuts the stretch of the newly constructed segment of the Champlain Parkway between Sears Lane and Lakeside Avenue. Use of this land as a staging area will provide a safe, convenient and accessible area for the construction contractor to stage materials, non-hazardous soil stockpiles, and equipment during construction.  BCDC Parcel is two parcels a smaller eastern parcel and a larger western parcel. (See Attachment B) Page 9 of 11  2  The Board previously gave approval for the use of the BCDC as a stockpile site for the Champlain Parkway.  Currently the Champlain Parkway Initial Contract, with SDK as the contractor, is making use of the western parcel.  SDK will likely restart construction on April 15, 2024 and continue to July 31, 2024.  SDK is being asked to shift their operations over to the eastern most parcel to make space for the Main Street Great Street Project.  Main Street Great Streets project is getting started on February 5, 2024, the contractor is S.D.Ireland.  Main Street Great Street is proposed to use the westernmost parcel for the duration of their project.  Main Street Great Streets Project has prepared and submitted a Non-Hazardous Soil Stockpile Location Application to Department of Environment Conservation and awating a response. I am available in advance of Monday’s meeting and at the meeting itself to address any questions or concerns you may have concerning this matter. Thank you in advance for your consideration. Attachment: A: VT DEC-Great Streets Main Street_Off Site Soil Stockpile Form Sears Lane.pdf B: Site Map-BCDC Parcel C.Resolution Page 10 of 11 DocuSign Envelope ID: DF66704C-BD59-4F61-9411-C139E9F615CE 789 ÿ98ÿ89ÿ7ÿ78ÿ9 8ÿ8ÿÿ99ÿ8 8 LMNOPQRSTPL Figure created for Burlington Great Contaminated soil stockpiles from Streets - Main Street Project different Projects shall be separate, January 31, 2024 distinct, and labeled. EJEK 300-ft Radius 41&%ÿFC&%1*%)%Zÿ1)ZÿX)Z1),%&%Zÿ9B% 4FXÿ+)A'13 4FXÿ]31)* Existing Stockpile 100-ft Radius 7%*31)Zÿdÿ$97V Area for Champlain W3155ÿ3ÿ7%*31)Z Parkway Project W3155ÿÿ7%*31)Z 7%*31)Zÿ_2//%& UaV4?ÿa3((ZY1.5 a3((Zÿ\1e1&Zÿ+&%15ÿf^)3.ÿaX?+dZA,A*A +Xÿf3dB%&-%)*ÿ1))213ÿ-C1)-%ÿ/3((ZB31A)5ÿYA*Cÿ +ÿf3dB%&-%)*ÿ1))213ÿ-C1)-%ÿ/3((ZB31A)5ÿYA*C(2 +^ÿf3dB%&-%)*ÿ1))213ÿ-C1)-%ÿe()%ÿ(/ÿ5C133(Y /%%*g 26dB%&-%)*ÿ1))213ÿ-C1)-%ÿ/3((ZÿC1e1&Zÿe()% 4Ah%&ÿW(&&AZ(&5ÿf+2,ÿ51ÿ23;g 6!ÿdÿÿ5i'A6 6!d6!ÿ5i'A6 ]&Ah1*%ÿ7%335 8]9ÿH(-1*%Z 9-&%%)ÿUA,A*Ae%Z X;33ÿ+ZZ&%55ÿ?1*-C%Z 7%33Z&A33%&jW31&A() `)G)(Y)ÿH(-1*A()ÿ?%*C(Z Proposed Stockpile Area for Great Streets - 01022 V)-(&&%-*3.ÿH(-1*%Z 8&(2)Zÿ71*%&ÿ9]+ Main Street Project 34565 +-*Ah%j9C1&%Z ]&(B(5%Z V)1-*Ah% 36 1!22 ]1&-%35ÿf5*1)Z1&ZAe%Zg [1)21&.ÿ031ÿ2 = 9*&%1' DE7 9*&%1' 3 562 2 4=622 3 562?%*%&5 UV9WH+V?X46ÿFCA5ÿ'1BÿA5ÿ/(&ÿ,%)%&13ÿ&%/%&%)-%ÿ()3.6ÿU1*1ÿ31.%&5ÿ*C1*ÿ1BB%1&ÿ() F% 'B(&1&.ÿ9*(-GBA3% *CA5ÿ'1Bÿ'1.ÿ(&ÿ'1.ÿ)(*ÿ>%ÿ1--2&1*%1ÿ-2&&%)*1ÿ(&ÿ(*C%&YA5%ÿ&%3A1>3%6ÿ+04ÿ1)Z H()6ÿ6=ÿ5=06=6!3<5<V4)=4*%II&ÿ0ÿ'A H1* 7 **%)*ÿ9*&%1' 789:3;<=:7%>:?%&-1*(&:+2@A3A1&.:9BC%&% 3bÿcÿ 2< a*6 3-'ÿcÿ ! ?%*%&5 3A'A *C%ÿ9*1*%ÿ(/ÿ$%&'()*ÿ'1G%ÿ)(ÿ&%B&%5%)*1*A()5ÿ(/ÿ1).ÿGA)Z1ÿA)-32ZA),ÿ>2*ÿ)(* 4(1Z5 *%Zÿ*(1ÿ*C%ÿY1&&1)*A%5ÿ(/ÿ'%&-C1)*1>A3A*.1ÿ(&ÿ/A*)%55ÿ/(&ÿ1ÿB1&*A-231&ÿ25%1ÿ)(& "ÿ$%&'()*ÿ+,%)-.ÿ(/ÿ01*2&13ÿ4%5(2&-%5 F\V9ÿ?+]ÿV9ÿ0^FÿF^ÿ_Xÿ̀9XUÿa^4ÿ0+$V8+FV^0 1&%ÿ1).ÿ52-CÿY1&&1)*A%5ÿ*(ÿ>%ÿA'B3A%ZÿYA*Cÿ&%5B%-*ÿ*(ÿ*C%ÿZ1*1ÿ()ÿ*CA5ÿ'1B6 Page 11 of 11