October 24, 2006 Dear ACGA colleagues,
This past summer a news story circulated on the ACGA list serv regarding the potential sale of publicly owned land in Burlington's Intervale. The story was of particular interest as the parcel of land to be sold included the five acre Tommy Thompson Community Garden, which is the largest community garden in Vermont. During the past four months of advocacy, public input, and negotiations, an easement protecting the community garden in perpetuity at its existing location was added to the land sale Memorandum of Agreement. The easement is in addition to a larger farmland easement that conserves the organic farms located in the Intervale on the 199 acre parcel of land. The Tommy Thompson Community Garden, with its 150 plots, will continue to be managed by the Burlington Parks and Recreation Department. While the land for the five acre garden site will be transferred from the city owned Burlington Electric Department to the nonprofit Intervale Center, the Parks and Recreation Department will retain access to the land and ownership of all improvements on the garden site. The passage of the land sale agreeement, as highlighted in the article below in today's Burlington Free Press, represents a win-win partnership for organic farming and community gardening in Burlington. Previously, the Tommy Thompson garden had a nine year lease with Burlington Electric; as a result of last night's City Council vote, the community garden site is now protected in perpetuity. Jim Flint, Executive Director Friends of Burlington Gardens 33 Tracy Drive Burlington, VT 05408 802.658.5733 www.burlingtongardens.org Burlington City Council approves Intervale land sale http://www.burlingtonfreepress.com/apps/pbcs.dll/article?AID=/20061024/NEWS02/610240307/1007 Published: Tuesday, October 24, 2006 By John Briggs Free Press Staff Writer The administration of Burlington Mayor Bob Kiss won a solid victory Monday night when the City Council approved the sale of 199 acres of city-owned land in the Intervale to the non-profit Intervale Center. The vote was 7-5. The sale of the land for $200,000 seemed at times over the last two months to be headed for delay if not defeat in the council, as some complained that the price was too low and the sale unnecessary. Kiss won over the influential Friends of Burlington Gardens group by negotiating language in a memorandum of agreement with the Intervale Center that guaranteed the Tommy Thompson Community Garden, located on the sale land, would stay where it is "in perpetuity" and with a possibility in the future to expand. The Community and Economic Development Office made a question and answer sheet on the transaction available at meetings and on its Web site, also posted the agreement and created a newspaper insert. As the information about the sale became easily available to residents, much of the opposition melted away. Few residents attended the last public meeting, held Oct. 4 in Contois Auditorium. The land is owned by the Burlington Electric Department, and much of the sale land has been leased by the Intervale Center from BED since 1996. The Intervale Center, under the terms of that lease, had the right of first refusal when BED decided to sell the land. The land will continue to be used for agricultural development. The city won another concession from the purchaser by holding on to an undivided 1 percent ownership of the land, which means in practice that the city would be involved in a future sale of the land. The city would have the first opportunity to buy the land back. The council also will have a representative on the Intervale Center's board, and its management plan for the land must be approved by the council every 10 years. While opponents on the council argued that the city should retain the land and explore giving the Intervale Center a long-term lease, Kiss said BED couldn't give the city title to the land; instead, it must sell it for the benefit of BED ratepayers, meaning the city would have to find the money for the purchase. The Intervale Center argued in public meetings and in information sheets that ownership of the land would enhance its ability to raise grant money for continued agricultural improvements. Over time, the adjustments to the memorandum of agreement and the continued involvement of the public convinced a majority of councilors that the sale made sense. Monday, those voting in support of the sale were: Council President Ian Carleton, D-Ward 1; Jane Knodell, P-Ward 2; Cheryl McDonough, P-Ward 2; Tim Ashe, P-Ward 3; Clarence Davis, P-Ward 3; Russ Ellis, D-Ward 4; and Barbara Perry, I, Ward 6. Voting against the sale were: Kurt Wright, R-Ward 4; Bill Keogh, D-Ward 5; Joan Shannon, D-Ward 5; Andy Montroll, D-Ward 6; and Carmen George, D-Ward 7. Sharon Bushor, I-Ward 1, who supported the sale, and Paul Decelles, R-Ward 7, who opposed it, were absent.

