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HomeMy WebLinkAboutAgenda - City Council - 09/21/2020AGENDA SOUTH BURLINGTON CITY COUNCIL IMPORTANT: This will be a fully electronic meeting, consistent with recently-passed legislation. Presenters and members of the public are invited to participate either by interactive online meeting or by telephone. There will be no physical site at which to attend the meeting. Participation Options: Interactive Online Meeting (audio & video): https://global.gotomeeting.com/join/310858845 By Telephone (audio only): +1 (224) 501-3412 Access Code: 310-858-845 MEMBERS OF THE PUBLIC WHO PARTICIPATE BY THE INTERACTIVE ONLINE MEETING TOOL ARE ASKED TO MUTE YOUR MICROPHONES WHEN NOT SPEAKING AND TURN OFF YOUR CAMERAS. IF YOU WISH TO SPEAK TO THE COUNCIL TURN YOUR CAMERA ON TO BE RECOGNIZED. Regular Session 6:00 P.M. Monday, September 21, 2020 1.Welcome (6:00 – 6:01 PM) 2.Possible Executive Session to discuss pending or probable civil litigation to which the publicbody may be a party and confidential attorney-client communications made for the purposeof providing professional legal services to Council and to discuss matters related to personnel. (6:01 – 6:45 PM) 3.Agenda Review: Additions, deletions or changes in order of agenda items. (6:45 – 6:46PM) 4.Comments and questions from the public not related to the agenda. (6:46 – 6:56 PM) 5.Consent Agenda: (6:56 – 6:58 PM) a) Approve Disbursementsb)*** Award I-89 Waterline Replacement Project site work to JA McDonald at a price of $125,502.50 and authorize the City Manager to sign all associated contracts andagreements. 6. Update and Council discussion on the City-wide re-appraisal Project - Blane BowlinAppraisal Project Supervisor, Tyler Technologies, Inc. (6:58 – 7:15 PM) 7.Announcements and City Manager’s Report. (7:15 – 7:25 PM) 8. Authorize council or staff member to vote on behalf of South Burlington municipalgovernment at the VLCT annual meeting. (7:25 – 7:30 PM) 9.*** Public hearing and possible Council action on the extension of the Interim Bylaws. (7:30 -7:45 PM) 10.*** Discussion and possible action related to whether to hold a Public Hearing on November2, 2020, to consider extending the Interim Bylaws for an additional time period beyond November 13, 2020. (7:45 – 7:55 PM) 11.Update on the Chittenden County Regional Planning Commission I-89 Corridor Study-Charlie Baker, Executive Director, CCRPC (7:55 – 8:15 PM) 12.*** Presentation by the South Burlington Energy Committee - Andrew Chalnick, Chair (8:15–8:45 PM) 13.*** Presentation by South Burlington Land Trust of a proposal to amend the OrdinanceRegulating Public and Private Sanitary Sewerage and Stormwater Systems to direct sewerallocation to certain areas of the City. (8:45 – 9:15 PM) 14.Reports from Councilors on Committee assignments. (9:15 – 9:25 PM) 15.Other business. (9:25 – 9:30 PM) 16. Adjourn. (9:30 PM) Respectfully Submitted: Kevin Dorn Kevin Dorn, City Manager *** Attachments Included South Burlington Water Dept. Accounts Payable Check Register Date: 09/22/20 Date Check No. Paid To Memo Amount Paid 9/22/2020 4128 South Burlington Ace 17.77 Date Voucher Number Reference Voucher Total Amount Paid9/1/2020 VI-15174 828005/3 17.77 17.77 9/22/2020 4129 Aldrich & Elliott, PC 1,980.00 Date Voucher Number Reference Voucher Total Amount Paid9/3/2020 VI-15182 79399 1,980.00 1,980.00 9/22/2020 4130 Continental Utility Solutions, Inc.800.00 Date Voucher Number Reference Voucher Total Amount Paid 9/11/2020 VI-15181 U27270 800.00 800.00 9/22/2020 4131 Champlain Water District 52,843.58 Date Voucher Number Reference Voucher Total Amount Paid 8/31/2020 VI-15169 SBWD-365 52,843.58 52,843.58 9/22/2020 4132 Champlain Water District 136,732.59 Date Voucher Number Reference Voucher Total Amount Paid8/31/2020 VI-15170 AUGUST 136,655.21 136,655.21 8/31/2020 VI-15171 SBWD-358 77.38 77.38 9/22/2020 4133 E.J. Prescott, Inc.189.16 Date Voucher Number Reference Voucher Total Amount Paid 9/1/2020 VI-15175 5757595 46.20 46.20 8/31/2020 VI-15178 5756191 104.30 104.30 8/31/2020 VI-15179 5747404 38.66 38.66 9/22/2020 4134 Graybar Electric Company 14.49 Date Voucher Number Reference Voucher Total Amount Paid 8/27/2020 VI-15177 9317520586 14.49 14.49 9/22/2020 4135 P & P Septic Service, Inc 685.00 Date Voucher Number Reference Voucher Total Amount Paid 7/15/2020 VI-15172 T-536223 645.00 645.00 7/15/2020 VI-15173 T-536235 40.00 40.00 9/22/2020 4136 City Of South Burlington 245,745.75 Date Voucher Number Reference Voucher Total Amount Paid 9/2/2020 VI-15167 AUGUST SEWER BILLINGS 245,745.75 245,745.75 9/22/2020 4137 City Of South Burlington 117,059.82 Date Voucher Number Reference Voucher Total Amount Paid 9/2/2020 VI-15168 AUGUST STORMWATER 117,059.82 117,059.82 Printed: September 16, 2020 Page 1 of 2 South Burlington Water Dept. Accounts Payable Check Register Date: 09/22/20 Date Check No. Paid To Memo Amount Paid 9/22/2020 4138 Sterling Construction 197.25 Date Voucher Number Reference Voucher Total Amount Paid9/4/2020 VI-15180 REFUND DUPLICATE PYMT 197.25 197.25 9/22/2020 4139 Ti-Sales Inc.11,250.00 Date Voucher Number Reference Voucher Total Amount Paid9/3/2020 VI-15176 INV0122115 11,250.00 11,250.00 Total Amount Paid:567,515.41 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: September 16, 2020 Page 2 of 2 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington City Council Kevin Dorn, City Manager FROM: Amanda S. E. Lafferty, Deputy City Attorney SUBJECT: Public hearing on proposed extension of the duration of the Interim Bylaws FOR: City Council meeting on September 21, 2020 The purpose of this public hearing is to consider and take public comments on extending the duration of the Interim Bylaws until November 13, 2020. The City Council adopted the Interim Bylaws on November 13, 2018: These Interim Bylaws shall be limited in duration to nine months from the date they become effective. The City Council may extend these Interim Bylaws in accordance with 24 V.S.A. section 4415 for subsequent three- month periods, but not beyond the initial two-year period authorized by 24 V.S.A. section 4415(a). See Section VI(A) of the Interim Bylaws. Starting in August 2019, the Council, after public hearing upon public notice, voted to extend the duration of the Interim Bylaws for subsequent three-month periods. See 24 V.S.A. §§ 4415(a), 4444(a), (b). On April 20, 2020, pursuant to the authority granted to municipalities during the declared state of emergency due to COVID-19, the City Council extended the deadlines to hold a public hearing and to take action to extend the duration of the Interim Bylaws from May 13, 2020, until June 22, 2020. The Council held a public hearing on June 15, 2020, and thereafter voted to extend the duration of the Interim Bylaws for the three-month period ending September 22, 2020. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington City Council Kevin Dorn, City Manager FROM: Amanda S. E. Lafferty, Deputy City Attorney SUBJECT: Consider warning a public hearing to extend the Interim Bylaws for an additional time period beyond November 13, 2020 FOR: City Council meeting on September 21, 2020 The City Council adopted the Interim Bylaws on November 13, 2018, and limited them to nine months in duration. Thereafter, pursuant to Section VI(A) of the Interim Bylaws and 24 V.S.A. section 4415(a), the Council has extended the Interim Bylaws so that they have remained in effect at all times since November 13, 2018. State law requires that the Interim Bylaws be limited in duration to two years from the date they become effective, but permits the Council to extend the Interim Bylaws for an additional one-year period. See 24 V.S.A. § 4415(a), (f). The main purpose of the Interim Bylaws is to preserve temporarily the land development that currently exists outside of the Transit Overlay District and certain business parks in order to accomplish several tasks and, if deemed necessary, to prepare amendments to the Land Development Regulations (“LDR”) that will apply to land development before the Interim Bylaws expire. See the Interim Bylaws, Section I. The Planning Commission has continued its work to analyze the reports of the committees and prepare proposed amendments to the LDR, but this work has been interrupted and delayed for several months. There is a valid basis to extend the Interim Bylaws for an additional one-year period beyond November 13, 2020. Once the Planning Commission has prepared any proposed amendments to the LDR, the City Council may repeal the Interim Bylaws after public hearing, upon public notice. See 24 V.S.A. § 4415(a); see also 24 V.S.A. § 4449(d). Warning – Public Hearing November 2, 2020 PLEASE take notice that the South Burlington City Council will hold a public hearing on Monday, November 2, 2020, at 7:30 PM in the City Hall Conference Room, 575 Dorset Street, South Burlington, Vermont to consider extending the Interim Bylaws until __________________. The purpose of the Interim Bylaws would continue to be to prohibit certain development including new principal buildings or planned unit developments while the City undertakes and completes certain analyses and studies, reviews the results of those studies and determines if any amendments to the Land Development Regulations are appropriate to implement the City’s goals and objectives and to regulate land development in conformance with the Comprehensive Plan. If extended in duration, the Interim Bylaws will continue to affect all lands in the Districts and/or Sub-Districts established and listed in Article 3.01(A)(1)-(4) of the South Burlington Land Development Regulations except: A.To the extent those Districts underly the Transit Overlay District, as depicted on theOfficial Zoning Map and the Overlay Districts maps, and including those lands notunderlying the Transit Overlay District which are located immediately northerly ofInterstate 89 in the Residential 1, Residential 7 and Residential 12 Districts,B.The Airport and Airport Industrial Districts,C.The lands in the Mixed Industrial & Commercial District that are located generallynortherly of the Airport District and accessed by Berard Drive, Airport Parkway andLime Kiln Road,D.The lands in the Mixed Industrial & Commercial District that are within the EthanAllen Farms Industrial Park, which for the purposes of the Interim Bylaws includesthe lands accessed by Shamrock Road, Lime Rock Road, Ethan Allen Drive, andCommerce Avenue and which are westerly of the easterly leg of Commerce Avenue,E.The lands in the Residential 4 District that are accessed by Lime Kiln Road,F.The lands in the Industrial & Open Space District that are within the MeadowlandBusiness Park located on the easterly side of Hinesburg Road and immediatelysoutherly of Interstate 89,G.Lands in the Southeast Quadrant-Natural Resource Protection Sub-Districtcomprised of approximately 67 acres located on the southerly side of CheesefactoryRoad and on the westerly side of Vermont Route 116, and comprised ofapproximately 194 acres located southerly of Van Sicklen Road on the easterly sideof Vermont Route 116, andH.Lands comprised of approximately 132 acres, portions of which are in the SoutheastQuadrant-Natural Resource Protection Sub-District, and portions of which are in theSoutheast Quadrant-Neighborhood Residential Sub-District, located on the westerlyside of Vermont Route 116 and on the northerly side of Cheesefactory Road. The following is the list of section headings in the Interim Bylaws proposed for extension: I.PurposeII.Lands to which the Interim Bylaws ApplyIII.DefinitionsIV.Limitations on Land DevelopmentV.Review of Applications VI. Enactment and Duration, Effect on Existing Law, Separability Copies of the Interim Bylaws proposed for extension are available for inspection on the City website at www.southburlingtonvt.gov South Burlington Interim Bylaws Adopted November 13, 2018, Amended and Extended November ___, 2020 1 CITY OF SOUTH BURLINGTON INTERIM BYLAWS I.PURPOSE Our community values a balance among our natural, open spaces and our developed, residential and commercial, spaces so that the flora and fauna co-exist alongside human dwellings, schools, industries and services. All of these spaces will sustain our economic viability going forward. Together these spaces provide, for the benefit of our residents and visitors, clean, fresh air to breathe, clean water to drink and swim in, recreational opportunities, homes, jobs, and valuable industries and services. As more homes are built in South Burlington, we must examine carefully the intensity and nature of development and its potential impacts on the balance that we seek to maintain. Based on previous studies, the City needs to review developable lands outside of the Transit Overlay District and certain business park areas, including undeveloped open spaces, forest blocks and working landscapes such as the City’s remaining large farms and parcels in the Institutional & Agricultural District. City staff regularly considers the infrastructure and staffing needs, short and long term, of the community. For the past three years, some City department heads have raised concerns about an ongoing strain on City resources. In the face of ongoing development, South Burlington must continue to safeguard against the possibility that the costs of emergency services and construction and maintenance of sewers and roads will outstrip City revenues such that City residents and business will face the prospect of an acute increase in their tax burden. For all these reasons, the City Council has adopted a smart growth strategy in its policy initiatives, including the preservation of open spaces, forest blocks and working landscapes, and amended the Land Development Regulations to encourage dense development in our urban core, which includes City Center and the Shelburne Road corridor. We also have sought to encourage commercial development and construction of affordable housing. However, the pace of residential development has outstripped the planning tools and processes intended to ensure sustainability and encourage affordability. With the delicate ecosystems and preparedness of both our natural and constructed infrastructure in mind, the City needs to determine what locations, types, and densities of development are most desirable in order to maintain the balance between natural and developed spaces and sustainability and to avoid a fiscal crisis -- not when it is upon us, but before we reach that point. South Burlington Interim Bylaws Adopted November 13, 2018, Amended and Extended November ___, 2020 2 For all these reasons, the City Council considers it necessary to preserve temporarily the land development that currently exists outside of the Transit Overlay District and certain business parks in order to accomplish the following tasks: - Undertake an analysis of undeveloped open spaces, forest blocks andworking landscapes and update the prioritization of these lands forconservation, permanent open space, and/or recreation. -Give the Planning Commission time to complete its extensive study ofPlanned Unit Developments and Master Plans, which necessarily includesthe study of density of development and open space. - Undertake an analysis of the program for the Transfer of DevelopmentRights established in and by the Land Development Regulations andrecommend options for its implementation. - Conduct a cost-benefit analysis of hypothetical development, includingdensity and type, on existing developable open spaces, forest blocks, andworking landscapes. Once the City has determined which parcels in South Burlington are most critical to our environmental and economic goals, the City can assess whether, and possibly how, the current Land Development Regulations or tools, regulatory or nonregulatory, require amendment and act accordingly. II.LANDS TO WHICH THE INTERIM BYLAWS APPLY These Interim Bylaws shall apply to all lands in the City of South Burlington as depicted on the Interim Zoning map, except for those lands depicted on the Interim Zoning map as Exempt Areas. The Interim Zoning map describes the areas to which these Interim Bylaws apply and the Exempt Areas to which these Interim Bylaws do not apply, and is incorporated herein by reference. III.DEFINITIONS A.Words, terms and phrases specifically defined in the South BurlingtonLand Development Regulations shall have the same meaning in theseInterim Bylaws unless another meaning is clearly indicated. B.New Planned Unit Development shall mean any planned unitdevelopment for which a complete preliminary plat application had notbeen submitted to the City of South Burlington Planning and ZoningDepartment before October 25, 2018. C.New Subdivision: South Burlington Interim Bylaws Adopted November 13, 2018, Amended and Extended November ___, 2020 3 (1) For subdivisions classified as “minor”, a new subdivision shall mean any minor subdivision for which a complete final plat application had not been submitted to the South Burlington Planning and Zoning Department before October 25, 2018. (2) For subdivisions classified as “major”, a new subdivision shall mean any major subdivision for which a complete preliminary plat application had not been submitted to the South Burlington Planning and Zoning Department before October 25, 2018. D. New Principal Buildings shall mean any principal building for which a complete zoning permit application had not been submitted to the City of South Burlington Planning and Zoning Department before October 25, 2018, unless such principal building had been: (1) Proposed as part of a complete application for approval of a site plan, a conditional use or a planned unit development submitted before October 25, 2018, or (2) Approved as part of a site plan, conditional use, or planned unit development application that the City Development Review Board or the City Administrative Officer approved by unexpired written decision dated before October 25, 2018. IV. LIMITATIONS ON LAND DEVELOPMENT Within the areas to which these Interim Bylaws apply, the following shall not be allowed: A. New Planned Unit Developments. B. New Subdivisions. C. New Principal Buildings. D. Amendment of a master plan or any related site plans or plats that deviates from an approved Master Plan in one of the respects set forth in Article 15.07(D)(3)(a)-(e) of the South Burlington Land Development Regulations. V. REVIEW OF APPLICATIONS Upon application, the City Council may authorize the issuance of permits for the development prohibited in Section IV, above, after public hearing preceded by notice in accordance with 24 V.S.A. section 4464, but only upon a finding by the Council that the proposed use is consistent with the health, safety, and welfare of the City of South Burlington and the following standards: South Burlington Interim Bylaws Adopted November 13, 2018, Amended and Extended November ___, 2020 4 A.The capacity of existing or planned community facilities, services, orlands. B.The existing patterns and uses of development in the area. C.Traffic on roads and highways in the vicinity. D.Environmental limitations of the site or area and significant naturalresource areas and sites. E.Utilization of renewable energy resources. F.Municipal plans and other municipal bylaws, ordinances, or regulations ineffect. The applicant and all abutting property owners shall be notified in writing of the date of the hearing and of the City Council’s final determination. VI.ENACTMENT; EFFECT; SEPARABILITY A.Enactment and Duration. These Interim Bylaws are enacted pursuant tothe provisions of 24 V.S.A. section 4415, are to be administered in themanner provided for in 24 V.S.A. section 4415, as amended from time totime, and shall be effective upon passage. These Interim Bylaws shall belimited in duration to nine months from the date they become effective.The City Council may extend these Interim Bylaws in accordance with 24V.S.A. section 4415 for subsequent three-month periods, but not beyondthe initial two-year period authorized by 24 V.S.A. section 4415(a). B.Effect on Existing Law. These Interim Bylaws shall not repeal or alterany existing ordinances, regulations or bylaws of the City of SouthBurlington. These Interim Bylaws establish restrictions that are inaddition to those contained in any other City ordinance, regulation orbylaw. C.Separability. Should any section, sub-section, paragraph, sentence,clause, provision or phrase of these Interim Bylaws be declared by anycourt of competent jurisdiction to be unconstitutional or invalid, suchdecision shall not affect the validity of any other portion of these InterimBylaws, except the section in question. Adopted this ___ day of November 2020. Climate Action South Burlington Energy Committee presentation to South Burlington City Council -US National Climate Assessment 2018, US Global Change Research Program “Climate Change is projected to significantly affect human health,the economy,and the environment in the United States… …without substantial and sustained reductions in greenhouse gas emissions (GHGs)and regional adaptation efforts,there will be substantial and far- reaching changes over the course of the 21st century with negative consequences for a large majority of sectors.” Climate Change in Vermont ➢More rain, floods and intense storms •Rainfall up 71% in most intense storms since 1958 ➢Winters warmer and less snow •Snow season is 8 days shorter since 1970, hurting tourism and winter recreation jobs ➢Health impacts worsening •VT highest per capita rate of Lyme disease in US in 2017, compared to almost none in 1990s •VT now 5th highest in asthma rate in the US (costs $7 million/year) ➢Federal disaster declarations up •Growing each decade since 1990 (10, 12, 18) compared to (3,3,2) in the previous 3 decades Source: VT Agency of Natural Resources VT Temperatures steadily increasing Climate Polling Results –Survey of 786 Vermont Voters Conducted by Vermont Conservation Voters and Vermont Public Interest Research Group -25% -20% -15% -10% -5% 0% 5% 10% 15% Massachusetts New Hampshire New York Vermont Quebec 1990-2016: CO2 Emissions from Fossil Fuel Combustion Million Metric Tons CO2 (MMTCO2) Sources: EPA, Environment and Climate Change VT now has highest per capita emissions in the region (metric tons CO2e per person) US VT ME CT NH MA NY RI QC WHY? Transportation and Thermal are INCREASING emissions SB Climate Change Commitments In August of 2017, the City of South Burlington •Joined the Vermont Climate Pledge Coalition and committed to meet or exceed the US obligations under the Paris Climate Agreement to reduce GHGs by 26-28% below 2005 levels by 2025 •Directed the City Manager to work with appropriate committees and the public to undertake the creation of a South Burlington Climate Action Plan that: a)includes specific goalsb)identifies sectors of South Burlington (municipal, institutional, commercial, residential) that contribute to GHG emissions, andc)develops strategies that effectively address these emissions In 2014, the City Council adopted an Energy Efficiency Resolution •Reduce energy usage 20% by 2020 (from 2008 baseline)* •Develop an Energy Efficiency plan •Report results to City Council on annual basis BUT, data is not collected and maintained to enable the City to determine whether it is meeting the goals described in these resolutions. Electricity •New high efficiency streetlights city-wide •New low-energy use traffic lights installed city-wide •2.1 MW Solar Landfill covering appx 50% of City and School electricity use. In 2019 provided appx. $170,000 in revenue. •SB Energy Prize 2 yr campaign –residents cut annual electricity and gas, saving $750,000/year •Street, traffic and police station converted to LEDs in 2019/2020 Thermal •Energy saving improvements in heating (HVAC) a few years ago: •Police station •Fire Station •Department of Public Works •Insulation projects in 2020; Thermometer adjustments/replacements •SB Energy Prize 2 yr campaign – residents cut annual electricity and gas, saving $750,000/year Transportation •Penny for Paths investment in extending bike/ped network •First City Plug-in Electric Hybrid (leased) and charging station (2019) •12 planned Public EV charging stations at New City Center (with VW Settlement Funds in 2021) •Interim Zoning addressing efficient land-use •Fast Chargers: 1 Fast Charger at Freedom Nissan/ 8 Tesla SuperChargers at Healthy Living•Level 2 Public Charging stations: 32+ across the city What has SB accomplished to date? Specific energy projects (by sector) Energy Project Reserve Fund •In January of 2019, the City of South Burlington created the Energy Project Reserve Fund •Money saved by the City through investments in energy efficiency/renewable energy projects are invested into the Fund •The Fund is then used to make further capital improvements to City Facilities that reduce the use of energy, with the tax dollars saved then re-invested into the Fund •80% of estimated project savings are re-invested •The Fund is intended only to be used for projects that save energy Energy Project Reserve Fund Financials Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20 Oct-20 Nov-20 Income Solar Array 3,697.55 $3,806.95 $39,224.20 $8,011.65 $7,880.86 $7,494.94 $6,952.77 $6,952.77 Police Station Lights $400.00 $400.00 $400.00 $400.00 $400.00 $400.00 $2,840.40 $315.60 $315.60 $315.60 $315.60 Power Factor Capacitor $383.10 $383.10 $383.10 $383.10 $383.10 Stewardship Fund $4,950.53 Total Income (cumulative)$136,153.09 $139,960.04 $139,960.04 $139,960.04 $139,960.04 $179,184.24 Expense Police Lights -$11,110 Power Factor Capacitor $7,000 Building Study $4,255 $5,000 Street & Traffic Lights Public Works Ventilation 4,320.00 Public Works Insulation 3,485.00 3,485.00 Small Electric Tools $2,000 Public Works Thermostats 1,825.00 Adaptive Traffic Lights Water Turbine Total Expense (cumulative)$62,032.18 $62,032.18 $62,032.18 $74,342.18 $74,342.18 $77,827.18 Plan Balance $74,120.91 $77,927.86 $77,927.86 $65,617.86 $65,617.86 $101,357.06 Energy Project Reserve Fund Financials $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 Jul-19Sep-19Nov-19Jan-20Mar-20May-20Jul-20Sep-20Nov-20Jan-21Mar-21May-21Jul-21Sep-21Nov-21Jan-22Mar-22May-22Jul-22Sep-22Nov-22Jan-23Mar-23May-23Jul-23Sep-23Nov-23Jan-24Mar-24May-24Energy Fund Balance (incorporates current capital fund projects) Plan Actual This is a start, but there is so much more that we can do! Electricity •Install solar on City Center •Install solar and water turbine in wastewater treatment plant •The City and the School District should work together to maximize allowable solar Net Metered generation, with the additional 1MW allowed for schools. •Investigate renewable energy generation/storage to satisfy existing load (without resorting to net metering) •The City should work with GMP/PUC to allow for electricity generated by wastewater treatment plants to be net metered for city use (increasing the city cap) Thermal/Building•Wherever feasible, all new heating equipment purchased should be electric (e.g. cold climate heat pumps) or advanced wood heat (e.g. high efficiency pellet/chip)•City to encourage school to establish a revolving fund to ensure revenue for future climate actions. •School should focus on replacement of HVAC systems in revised school budget Transportation •At the point of purchase/replacement, the City and School should ensure, wherever feasible that: ✓All new fleet vehicles are electric✓All new mowers, leaf blowers, snow blowers and other equipment are electric✓The schools have charging stations installed for staff use•City and School should introduce incentives for public employees to use carshare/carpool, transit or EVs. •Install EV charger at every major public/school venue (use Revolving Fund) •School should seek grants to assist in electrification of bus fleet•School should identify ways to incentivize school bus use, and discourage student vehicle use•Improve timing of lights on Dorset and Williston Proposed actions to reduce Municipal/School Footprint Electricity The City should require that all new commercial development be solar-ready and EV-ready •The 2020 Vermont Commercial Building Energy Standards include requirements for solar-ready zones on commercial buildings that municipalities can choose to adopt•Note that 2020 Vermont Residential Stretch Code will require residential developments to be solar-ready effective 1/1/2020. The City should work with GMP and the local chamber/business community to promote more commercial rooftop solar, sufficient to include EV charging Transportation The City should work with GMP (through Tier III initiatives) to encourage local businesses to: •take advantage of incentives to electrify their fleets •Provide onsite EV charging •Shift all landscaping equipment to electric at time of purchase of new equipment •Provide incentives to employees to use carshare/carpool, bikes, transit or EVs Proposed actions to reduce Commercial Footprint Climate Business Leaders The City could develop an award program for businesses that have demonstrated their commitment to energy efficiency, renewables, sustainable transportation, and other carbon- reduction strategies. Awards/incentives from VGS and Efficiency Vermont could be developed. Electricity The 2020 Vermont Residential Stretch Code will require residential developments to be solar-ready effective 1/1/2020. Thermal/Building The City should work with Efficiency Vermont and landlords to target weatherization actions in low income and multi-unit housing (learning from Burlington’s program with BED) Transportation/Housing City should work to develop/incentivize more public transit •Assist GMT with public transportation advocacy, and develop more frequency and routes•Ensure there is a shelter at every bus stop•Establish park & ride/carpool lots to connect with public transportation, (e.g. I-189 Exit)•Work with GMP/private sector to add more EV charging stations at schools, malls, businesses•Learn from Montpelier micro-transit pilot City/School should incentivize walking/biking•Bike lane assessment required when roads are repaved•Periodic Open Streets event (perhaps closing northbound lane of Dorset Street and/or Market Street)•Showcase bike path with an annual event (marathon/half marathon/5k)•Work with Bike & Ped Committee to mobilize public participation in increasing bike and ped pathways for short trip local transportation•Incent walking, busing, biking to school/discourage private vehicle use. Establish covered bike parking at school. Consolidate trash hauling services Proposed actions to reduce Residential Footprint Housing The City should incentivize dense development close to already built environments/public transportation and implement a framework for considering the GHG implications of different types of development Establish a system for disclosure of residential home energy efficiency ratings To achieve the City’s goals we need a Climate Action Plan! What is a Climate Action Plan? A Climate Action Plan (CAP) is a strategy document that outlines a collection of measures and policies to reduce GHG emissions. ✔Defines GHG reduction goals based on local priorities ✔Prioritizes policies and actions to successfully reduce emissions ✔Provides a guiding framework for achieving those goals ✔Facilitates coordination across SB departments and community stakeholders ✔Serves as the roadmap for a local government to implement municipal and community-wide programs, projects and policies. Burlington and Montpelier have developed CAPs that can be used as reference Thermal Energy 1.Implement deep efficiency retrofits to public and private buildings through Efficiency Vermont 2.Develop new finance products to fuel the low-and middle-income markets 3.Undertake extensive public outreach and neighbor-to-neighbor education efforts from trusted local sources in the City Transportation Energy 1.Reduce vehicle miles traveled through expanding public transportation options 2.Shift from gas powered vehicles to high efficiency Electric Vehicles 3.Install a robust EV charging infrastructure 4.Install renewably-powered EV charging capacity at homes, businesses and public institutions. Electric Energy 1.Increase renewable power as we move to strategic electrification through cold climate heat pumps and electric vehicles 2.Expand solar capacity through a “community net-metering” approach to solar energy 3.Develop new community ownership models for larger solar and wind projects to increase local investment and reduce opposition. Goal: to achieve Net Zero Energy use by 2030 Goal -Net Zero Energy by 2030 Climate Action Plan Steps* ________________ * Climate Smart Communities Climate Action Planning Guide, March 2014 Proposed Next Steps for a CAP 1.Assign a staff person to manage the overall process 2.Form an advisory committee with broad representation from the community. •The advisory committee should include representation from relevant SB committees, as well as other stakeholders from the community (including businesses, academia, philanthropic organizations, faith-based groups and other local interest groups) 3.Set a timeline for CAP completion 4.Measure City’s GHG footprint and ensure annual tracking. (SBEC has been unable to source data to determine how well the City is performing with respect to its 2017 pledge) Tracking and Reporting 1.Track fuel bills in a publicly-accessible manner; include 2+ years of historical a)Electricity (also show PV and other RE generation) b)Natural Gas (specify portion of renewable NG purchased) c)Oil, propane d)Gasoline for vehicles and equipment; note 2-stroke applications 2.Translate to GHG equivalents using standard factors 3.Create charts of GHG emissions by month a)All city-owned properties b)By building (where possible) c)By department (where possible) 4.Track energy projects, including estimated savings and measured impacts 5.Develop similar tracking for residential and commercial emissions Summary of Next Steps 1.City Council directs the City to develop a Climate Action Plan (CAP) 2.Assign a staff person to manage the CAP process 3.Begin to track emissions/energy 4.Form an advisory committee with broad representation from the community 5.Proposed new actions to be taken in advance of or as part of a CAP (see previous Municipal, School, Commercial and Residential Actions) •Incentivize dense development (and re-development) close to already built environments •Consider GHG implications of development •Require solar-ready for commercial development •Develop a Climate Business Leaders award •Incentivize/implement more transit, walking and biking options •Develop more Park & ride; bus shelters; more bike lanes; open street events; covered bike parking; bike path showcase; public advocacy. •Accelerate installation of public EV charging stations Climate Action ...making South Burlington cleaner, more affordable, healthier, and better prepared for the future. Page 1 July 17, 2020 South Burlington City Council, 575 Dorset Street, South Burlington, VT 05403 Dear Councilors, In light of the environmentally beneficial goals of Interim Zoning (IZ), and of all the effort expended by volunteer citizen committees and staff during this period, the South Burlington Land Trust (SBLT) was pleased that the Council extended the IZ period to Sept 22nd. We agree with the Council that, even with the IZ extension, it will be a challenge to complete the new LDR’s in that time. It is for that reason that we offer a suggestion on a way to accomplish the goals of IZ in a timely manner. There are municipal planning tools which can effectively accomplish the goals of IZ as well as achieve the vision of our Comprehensive Plan in a relatively short period of time. Fortunately, through a painstaking and scientific process, the members of the IZ Open Space Committee were able to narrow down 190 land parcels to only 25 with the highest conservation values. The hard work of identifying the most valuable natural resource lands in the City has now been done. Through our research, the SBLT learned that Sewer Allocation is a tool often used by municipalities in Vermont and across the nation to preserve land and shape future development in line with the City’s vision. Sewer Allocation can be used to protect our most valuable natural resource lands while the City continues work on re-drafting the Land Development Regulations. Board of Directors President Sarah Dopp Treasurer Michael Mittag Secretary Karen Ryder Janet Bellavance Rosanne Greco Allan Strong Page 2 In fact the consultants, Lamoureux & Dickinson, who were retained by the City to prepare the South Burlington Sustainable Agriculture/Food Security Action Plan stated that "Limiting the amount of wastewater capacity used to serve outlying development would also help to direct growth towards City Center and the transit corridors where higher density development is desired." For example, Williston and Essex have ordinances which assign reserve capacity using zoning districts and land use classifications. Shelburne has a Sewer Service Area. Sewer capacity allocation is restricted to this Sewer Service Area in accordance with the expected lifespan of the sewage treatment facility. South Burlington has an Ordinance Regulating Public and Private Sanitary Sewerage and Stormwater Systems (the ordinance). The ordinance mainly focuses on the procedure for assigning sewer allocation on a first come first served basis. Moreover, the current ordinance gives no guidance for sewer allocation related to types of development (residential, commercial, etc.) or in what areas developments are located. We are suggesting that the ordinance be amended to clarify its purpose and establish criteria for sewer capacity allocation. Some of the criteria for sewer capacity allocation could include: •The creation of a Sewer Service Area. This would define where sewer capacity can be allocated. •The creation of 5-year Sewer Capacity Allocation Plans. These would establish limits on total capacity allocation in each plan period. •A methodology to reserve and assign sewer capacity to the areas where development is desired. The City identified City Center and the Transit Overlay District as growth areas for our City. The ordinance should support development in these areas, but it does not. Currently, the ordinance reserves 150,000 GPD (gallons per day) for City Center. Some estimates have shown that a full build out of City Center will require 470,000 GPD. There is no mention in the ordinance of the Transit Overlay District. Page 3 To direct development to the desired growth areas of the City, random development in other areas needs to be limited. An amendment to the ordinance could both shape development and preserve natural resources. Uncontrolled assignment of sewer capacity on a first come, first served basis is contributing to sprawl and the degradation of natural resources. Adopting a sewer capacity allocation amendment to the ordinance would be an effective tool to manage development. We have developed some suggestions for an ordinance amendment which we believe will accomplish the City’s Interim Zoning goal to preserve our natural lands, help re-balance open spaces with developed spaces and fulfill the vision in South Burlington’s Comprehensive Plan. Our final comment and suggestion addresses the lack of a purpose statement in the ordinance. Most sewer ordinances that we read contain a purpose statement. A purpose statement in a municipal ordinance provides the rationale for which the ordinance is enacted, identifies the key goals of the ordinance, and provides justification for the stipulations in the ordinance. Unfortunately, the ordinance has no purpose statement. This may be a contributing factor to some of the rural sprawl and haphazard developments in South Burlington. The City should be rightly proud of its efforts to be more environmentally responsible regarding sewer treatment. It has expended considerable resources to improve and increase the capacity of the City’s sewer treatment and disposal plants. Having a purpose statement in the ordinance could call attention to this and set the tone for why and how the ordinance contributes to these goals. Therefore, we suggest adding a purpose statement to the ordinance to make clear that the ordinance is in place to protect City assets, regulate usage so as not to exceed capacity, and to contribute to fulfilling the City’s goals for growth in alignment with the Comprehensive Plan. For example, the purpose could reflect the current situation in South Burlington and state where we want to direct development. It could also acknowledge that sewer capacity is finite and, that without careful planning of its use, uncontrolled assignment of sewer capacity could cause growth in areas identified for preservation, and away from identified growth areas. This could result in greater demands than City municipal services can sustain (schools, roads, public safety, etc.). Page 4 We believe that adopting a sewer capacity allocation amendment to the ordinance would be an effective tool to manage development; and that adding a purpose statement would strengthen the ordinance. Thank you for considering our suggestions, and we look forward to working with the City on this matter. The Board of Directors of the South Burlington Land Trust