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Intervale Land Sale Public Meeting Notes
August 21, 2006

Questions

What is the assessed property value?

The property has been appraised by the City Assessor for $388,900. An independent appraisal has valued the property at $203,005.

Who gets the proceeds of the sale?

BED owns the property, so proceeds from the sale will go to BED.

Did the Public Service Board order BED to sell the land?

BED is allowed to hold on to the land as long as it has an imminent use. If no imminent use of the land then BED should sell the land. BED had to purchase the entire farm, so BED had more land than it required for its planned activities. Some of this land was sold in the past. BED retains some access and rights to the land currently proposed for sale to the IC should circumstances change.

Where are the lines for the hundred year flood?

Basically the line for the 100 year flood is just to the north of the Calkins Farm house and BED’s current activities at the McNeil Station.

Who will administer the Community Gardens if the property is sold?

The Parks and Recreation Department will continue to administer the Community Gardens program.

When will the protection for the Community Gardens be decided?

There are three options:

1.   Perpetual Easement: Establish a perpetual Community Garden Easement, with the community garden program coordinated by the Burlington Parks and Recreation Department.
 
2.   Lease: IC would enter into a 25 year lease with the City for the current community garden site, with options to renew. The lease would provide that any proposed change in location of the community garden site would be subject to the approval of the Burlington City Council, at its discretion.
 
3.   City Ownership: The City would retain ownership of the community garden site.

City officials currently prefer the perpetual easement option, but remain open to other options. This is part of what will be determined by this process.

What is the legal definition of an easement?

An easement represents a property interest that is less than ownership, but it is a perpetual right.

Does this plan/proposal allow for expansion of the Community Gardens in the future?

•   The agreement between the City and the IC could possibly allow for expansion of community garden opportunities in the future. This arrangement is providing the City with a long term partner for preserving and conserving the Intervale for agricultural and conservation uses.
•   The IC would be open to future expansion at the Intervale and would work with community gardeners to secure other community garden locations around the city in perpetuity.
•   The City Council will approve the IC’s land management master plan for this land every 10 years.

Why was this item on the City Council consent agenda?

This was a clerical error by staff. It was corrected by both the Finance Board and the City Council.

What is the current lease arrangement?

The current lease is $2,800 annually for only 144 acres. The land to be sold has more acres.

When does the lease expire?

The current lease to the IC expires in 2011.

What is the annual rent from the current lease?

The current lease is $2,800 annually for only 144 acres. The land to be sold has more acres.

How many other properties in Burlington can adjust their valuation like BED has with this property?

Any property owner can appeal its current valuation if the owner believes that is it incorrect.

Is there protection of the bike and pedestrian path through the Intervale to the Ethan Allen Homestead?

There will be perpetual use of the bicycle and pedestrian path to the Ethan Allen Homestead. 15. Why would the IC want to own this land when the rent seems so cheap?

It is a flood plain. This land needs to be used for agriculture and conservation. It is currently not secure for these uses. These uses are primary to the IC's mission. This land is a real asset for the community. Ownership by the IC will ensure the land's use for agriculture and conservation into the future. Ownership will also allow the IC to get financing options that are not available when only leasing.

The price seems low and raises concerns about the veracity of the recent City-wide reappraisal?

It is hard to appraise this property as it is unique and located within a floodplain. There were mistakes made on previous assessments of this property and the Assessors Office corrected this mistake over a year and a half ago. Other property recently appraised in the Intervale is comparable to the most recent independent professional appraisal.

There are other benefits that will accrue to the city from the sale that have real value:

•   City retains a 1% interest in the property giving it a voice into the future.
•   BED retains access as defined in the MOA.
•   A perpetual easement for the community gardens.
•   The City has the right of reversion.
•   DPW continues to have access to dump clean fill.
•   The IC cannot interfere with the operation or expansion of McNeil.

In planning for the future, is there consideration for archeological resources, in particular human burials?

The City and the IC cannot address past actions, except to say that all activities requiring City or State permits are fully permitted, but the easements required by Vermont Land Trust and Vermont Housing and Conservation Board will provide additional protections and process for protecting and monitoring archeologically sensitive areas and the possible location of human remains.

How will other gardeners and farmers have a say?  The process seems to be moving quickly.

Gardeners will be secure in their land through the easement, and farmers currently leasing land are likely to receive longer term leases, greater land security if the IC owns the land. The land and its uses, while under the stewardship of the Intervale Center, will still undergo a public process through the development and approval of a land management plan.

Why would the City want to tax the Intervale Center for the 5 acres of Community Gardens and the riparian zone under restoration?

The City cannot differentiate the parcels for tax purposes.

Has the IC created the first 10 year management plan?

No. It will be developed in collaboration with the City and other Intervale stakeholders and approved by the City under the terms of this Agreement.

Where did this decision to sell the land come from?

BED decided to sell the land because it was no longer useful to it as a utility.

Where there other buyers for the land?

The Intervale Center has a right of first refusal.

Will ratepayers be asked their opinion on the sale?

No. The Burlington Electric Commission is a 5 member Board appointed by the City Council. They work to represent the interests of ratepayers and have been appraised and supportive over the 6 years that discussions have gone on with the IC and BED.

Comments

•   Clarify the current state-wide lease rate for tillable land ($30/acre?). Only about 75 acres of the proposed land being sold is tillable land.
•   Sugar Snap Farm grows in the Intervale (2 acres). Their farm was under water on May 20, 2006; this is not a 100 year floodplain, it is an every year floodplain. They located their other business (catering) because of the Intervale. It makes more sense for an organization with an agricultural mission to own the land versus Burlington Electric Department.
•   Community Garden Thoughts: Victory Gardens; Richness of the Intervale Land; Social contacts are diversified through gardening – age, culture and class; Helps with local food security; Community Gardens create Community Volunteers.
•   This is a positive action. The land is really being sold to two entities as co-owners; The Intervale Center and the City of Burlington.
•   There should be significant outreach to the greater community as well as the community gardeners and farmers during the planning of the 10 year management plan.
•   It seems that if the City gets $15,000 annually in taxes from the land once it is sold that this exceeds the $2,800 the City currently receives from the lease agreement. Plus there are other cost saving benefits to the City such as not having to carry liability insurance on the area.
•   Concern there is no control over the IC actions and activities in the future.
•   I have not heard a compelling reason for the sale of this land.
•   If the IC purchases the land from BED, this will create a synergy for nourishing the land and community. It will honor the past and make for a bright future.
     

Click here to download a printable copy (PDF) of this document.

 

Page last updated April 07, 2008

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