Burlington Community Development Corporation

Monday, March 10, 2025, 5:00 PM, Burlington Community Development Corporation Meeting Bushor Conference Room, 149 Church Street, 1st Floor Join from PC, Mac, iPad, or Android: https://zoom.us/j/97358532867 Phone one-tap: +16469313860,,97358532867# US Join via audio: +1 646 931 3860 US Webinar ID: 973 5853 2867 International numbers available: https://zoom.us/u/a212n3RYY **CCTV link: https://www.youtube.com/playlist?list=PLljLFn4BZd2PwCge7lNoKug676jIf_iUA ** 1. Agenda Subject 1.1. Motion to adopt agenda Meeting March 10, 2025 - Burlington Community Development Corporation Meeting - Monday, March 10, 2025, 5:00 PM, Burlington Community Development Corporation Meeting Bushor Conference Room, 149 Church Street, 1st Floor 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 March 10, 2025 - Burlington Community Development Corporation Meeting - Monday, March 10, 2025, 5:00 PM, Burlington Community Development Corporation Meeting Bushor Conference Room, 149 Church Street, 1st Floor Category 2. Public Forum Department Council and Board Page 1 of 6  Type Action Procedural Recommended Action open Public Forum close Public Forum 3. Deliberative Agenda Subject 3.1. Westlake Area Condominium Association - DPW - Division of Parking and Traffic Meeting March 10, 2025 - Burlington Community Development Corporation Meeting - Monday, March 10, 2025, 5:00 PM, Burlington Community Development Corporation Meeting Bushor Conference Room, 149 Church Street, 1st Floor Category 3. Deliberative Agenda Department Public Works Department Type Action Recommended Action to authorize the Division Director of Parking and Traffic, or their designee, to be appointed to exercise both the City’s and BCDC’s votes on the WACA Board of Directors 4. Adjournment Subject 4.1. Motion to adjourn Meeting March 10, 2025 - Burlington Community Development Corporation Meeting - Monday, March 10, 2025, 5:00 PM, Burlington Community Development Corporation Meeting Bushor Conference Room, 149 Church Street, 1st Floor Category 4. Adjournment Department Council and Board Type Action Procedural Recommended Action Motion to adjourn Page 2 of 6  City of Burlington Department of Public Works Division of Parking and Traffic 645 Pine Street, Suite A Burlington, VT 05402 802.863.9094 P 802.863.0466 F 802.863.0450 TTY www.burlingtonvt.gov Chapin Spencer DIRECTOR OF PUBLIC WORKS To: Burlington City Council and Burlington Community Development Corporation (BCDC) Board of Directors From: Jackie Esperti, Division Director, Parking and Traffic Date: March 10, 2025 Re: Westlake Area Condominium Association This memorandum seeks the approval of the City Council and the Burlington Community Development Corporation for the Division Director of Parking and Traffic, or their designee, to be appointed as their respective authorized voting representative to the Westlake Area Condominium Association (“WACA”) Board of Directors. Background In 2005 a portion of the City’s urban renewal lands generally located along Battery Street between Cherry Street on the north and the Hilton Hotel on the South remained in City ownership. Desiring those lands to be developed, the City created the Westlake Area Condominium (the “Master Condominium”). Working through the Burlington Community Development Corporation (BCDC) and with various private developers, the area was developed into what today includes the Marriot Hotel, Hotel Vermont, the Westlake Residential Condominium (the “Residential Condominium”) and two parking garages behind those buildings. The City’s condo declaration created five condo units, units A through E. Unit C was further divided into three sub-units C-1 through C-3. Today those units are occupied as follows: Page 3 of 6  • Unit A – Hotel Vermont • Unit B – the City-owned Lakeview garage, the northern half of the Downtown Garage. • Unit C – the parking garage behind the Residential Condo and the Marriot o Unit C-1 – Lowest level parking owned by BCDC and leased to a private entity, Westlake Garage LLC which sub-leases it to the residential condominium o Unit C-2 – The second level parking, owned and operated by the City o Unit C-3 – The top-level courtyard off of Cherry Street, owned by the Marriot Hotel group • Unit D – Marriot Hotel • Unit E – Westlake Residential Condominium The City’s master condo declaration created the Westlake Area Condominium Association (WACA) to manage the affairs of the Master Condominium. WACA, while existing as a legal entity, has never actively operated nor as far as I can tell has it ever officially held a meeting. It seems that in the past this was not a particular concern. But in recent years maintenance of various common facilities of the Master Condominium has needed to be addressed and the need to activate WACA has become apparent. WACA’s responsibilities under the Master Declaration and Bylaws are quite narrow. Nonetheless, since 2020 there have been several informal meetings of representatives of the various parties, and it has been generally agreed that WACA could be a forum to pro- actively address maintenance and operational concerns of the various parties. Under the terms of the Master Declaration, the Unit Owners select the Board of Directors of the association. Exhibit B of the Master Declaration sets forth the voting rights for WACA as shown in the following table. The City and BCDC combined have 2.5 votes. The hotels (under related ownership) jointly have 2.5 votes and the residential condominium has 1 vote. Because it is a lessee and not an owner, Westlake Parking LLC has zero votes. But because of its substantial leasehold interest it has been participating in the meetings. Unit Owner (informal names) Voting Interest Unit A Hotel Vermont 1 vote Unit B City (Lakeview Garage) 1.5 votes Unit C-1 A City entity: Burlington 0.5 vote Community Development Corporation (BCDC), leased to Westlake Parking LLC, sub-leased to Westlake Residential Condominiums Unit C-2 City 0.5 vote Unit C-3 Marriott (top level of 0.5 vote garage) Unit D Marriott 1 vote Unit E Westlake Residential 1 vote Condominiums Page 2 of 3 Page 4 of 6 Each owner must formally designate representative(s). Each of the hotels, the residential condo, and the City (on behalf of itself and its entity BCDC) needs to formally appoint and notice the appointment of their representatives. Those representatives will, in turn, elect the Board of Directors. Because the City’s interests in this development are largely related to parking, I seek appointment as the City’s and BCDC’s representative for each of its three units with the authority to appoint a proxy acting on my behalf and the authority to vote on the City and BCDC’s behaves. We would like to note some possible upcoming issues to work through: • Water management in Westlake Garage • Overall ongoing maintenance of Westlake Garage • Future transfer of C-1 from the City to Westlake Parking as required under the original agreement. This will happen in 2026. • The City’s future role in operating public parking in the Westlake Garage Following each WACA meeting, I will issue an update to the City Council’s TEUC at their next regularly scheduled meeting. Motion (for both BCDC and City Council): To authorize the Division Director of Parking and Traffic, or their designee, to be appointed to exercise both the City’s and BCDC’s votes on the WACA Board of Directors. Page 3 of 3 Page 5 of 6  Board of Finance and City Council Submission Checklist Department: DPW – Parking and Traffic Submitter: Jackie Esperti Title/Subject: Westlake Area Condo Association Approval: Meeting Date: ☒ Board of Finance 3/10/2025 ☒ City Council 3/10/2025 ☐ Concurrent Click or tap to enter a date. This form must be completed by the person submitting the materials, and sent with the final submission. Please do not indicate that a signoff was received until it has actually been obtained. Signoffs Received Date Signoff Needed Received Note Received Department Head Yes 2/18/2025 Chapin Spencer Mayor’s Office informed and approved memo Yes 3/5/2025 Joe Magee Board/Commission, if required Choose an Click or tap Click or tap here to item. to enter a enter text. date. City Attorney’s Office has approved contract Choose an Click or tap here to and/or legal documents, item. enter text. -Identify attorney in note City Attorney’s Office has approved memo and Yes 2/14/2025 Erik Ramakrishnan motion(s) or resolution(s) -Identify attorney in note CAO has reviewed budget, financing, and Yes 3/6/2025 Katherine Schad memo Human Resources, if personnel action Choose an Click or tap Click or tap here to -Identify HR Manager in note item. to enter a enter text. date. CIO, if an IT-related investment/purchase Choose an Click or tap Click or tap here to item. to enter a enter text. date. Materials Included Included? Note Final Memo Attached? Yes Click or tap here to enter text. Contract Attached, if applicable? Choose an item. Click or tap here to enter text. Additional Materials, if necessary Choose an item. Click or tap here to enter text. Draft Resolution or Motion? Choose an item. Click or tap here to enter text. If for submission to Council, are Choose an item. Click or tap here to enter text. sponsors identified? Page 6 of 6