Loading...
HomeMy WebLinkAboutAgenda - City Council - 02/21/2023AGENDA SOUTH BURLINGTON CITY COUNCIL South Burlington City Hall 180 Market Street SOUTH BURLINGTON, VERMONT Participation Options In Person: 180 Market Street - Auditorium - Main Floor Assistive Listening Service Devices Available upon request Electronically: https://meet.goto.com/SouthBurlingtonVT/citycouncilmeeting02-21-2023 You can also dial in using your phone. +1 (571) 317-3112 Access Code: 645-742-397 Regular Session 6:30 P.M. Tuesday February 21, 2023 1.Pledge of Allegiance (6:30 PM) 2.Instructions on exiting building in case of emergency and review of technology options –Jessie Baker, City Manager (6:31 – 6:32 PM) 3.Agenda Review: Additions, deletions or changes in order of agenda items (6:33 – 6:34 PM) 4.Comments and questions from the public not related to the agenda (6:35 – 6:45 PM) 5. Councilors’ Announcements and Reports on Committee assignments and City Manager’s Report (6:45 – 6:55 PM) 6.Consent Agenda: (6:55 – 7:00 PM) A.*** Consider and Sign DisbursementsB.*** January FinancialsC.*** Approval of Road Impact Fee credit requests for construction at 224 MarketStreet, 268 Market Street, and 339 Garden Street 7.*** Resolution Honoring the Service of Representative John Killacky, Representative AnnPugh, and Representative Maida Townsend – City Council (7:00 – 7:20 PM) 8.Consider entering executive session to discuss the evaluation and employment contract ofthe City Manager – City Council request (7:20 – 7:40 PM) 9.Consider action to approve the City Council's contract with the City Manager – City Councilrequest (7:40 – 7:50 PM) 10.*** Discuss "dr req 23-0091 – draft 7.2", the Senate's Omnibus Housing Bill, and H.68, "Anact relating to removing State and municipal regulatory barriers for fair zoning and housing affordability" and potentially take action – City Council request (7:50 – 8:20 PM) 11.*** Approve the purchase of 1270 Williston Road – Ilona Blanchard, CommunityDevelopment Director, and Colin McNeil, City Attorney (8:20 – 8:35 PM) 12.*** Receive a recommendation to apply for a SAFER (Staffing for Adequate Fire andEmergency Response) grant and possibly approve – Steven Locke, Fire Chief (8:35 – 8:55 PM) 13.Opportunity for Councilors and the public to share information and resources on ClimateChange – Council Request (8:55 – 9:10 PM) 14.**** Receive the second update to the shared FY23 Policy Policies and Strategies – JessieBaker, City Manager (9:10 – 9:20 PM) 15.Other Business (9:20 – 9:30 PM) 16. Adjourn (9:30 PM) Respectfully Submitted: Jessie Baker City Manager *** Attachments Included Champlain Water District Check/Voucher Register - Check Report by Fund From 2/22/2023 Through 2/22/2023 Check Date Check Number Vendor Name Invoice Description Check Amount Invoice Number 2/22/2023 4531 Aldrich & Elliott, PC Project 21001.004 17,421.30 81084 2/22/2023 4532 Aldrich & Elliott, PC Project 22025.001 86.13 81123 2/22/2023 4533 Champlain Water District - Retail January 2023 Retail Monthly Invoice to SBWD 59,993.52 SBWD-394 2/22/2023 4534 F.W. Webb Company Meter Couplings 852.00 79439348 2/22/2023 4535 South Burlington Sewer Department January 2023 Sewer Billings 291,119.11 SBSEWER-013123 2/22/2023 4536 South Burlington Stormwater Department January 2023 Stormwater Fees 348,604.14 SBSTORM-013123 2/22/2023 4537 Ti-Sales, Inc.Market Street Meter 1,327.53 INV0152993 2/22/2023 Ti-Sales, Inc.1 inch Meters 1,464.00 INV0153430 Total 70 - South Burlington Water Department 720,867.73 Report Total 720,867.73 70 - South Burlington Water Department SOUTH BURLINGTON CITY COUNCIL Page: 1 City of South Burlington General Ledger Expenditure Report - GENERAL FUND Current Year Period 7 January % Budget Unencumbered FY-22/23 MTD Account Budget Expenditures Expended Balance Pd 7 Jan GENERAL GOVERNMENT EXP. CITY COUNCIL 149,798.00$ 73,627.00$ 49.15%76,171.00$ 8,250.00$ ADMINISTRATIVE INSURANCE 6,032,914.38$ 2,664,011.37$ 44.15%3,369,185.46$ 426,766.27$ CITY MANAGER 472,491.78$ 221,828.30$ 46.95%250,663.48$ 17,894.50$ LEGAL/ACCOUNTING ACTUARY 348,960.87$ 172,942.80$ 49.56%176,018.07$ 27,120.27$ ADMINISTRATIVE SERVICES 990,075.74$ 437,018.02$ 44.14%553,057.72$ 138,480.19$ INFORMATION TECHNOLOGY 397,768.47$ 228,311.49$ 57.38%169,518.63$ 30,695.36$ CITY CLERK 285,901.23$ 176,555.12$ 61.75%109,346.11$ 23,188.41$ PHYSICAL PLANT 434,004.36$ 292,680.48$ 67.44%141,323.88$ 45,257.11$ ASSESSING/TAX/FINANCE 403,043.52$ 218,893.29$ 54.31%184,150.23$ 35,714.29$ PLANNING/DESIGN REVIEW 563,713.28$ 246,902.14$ 43.80%316,811.14$ 50,578.38$ OPERATING TRANSFERS OUT 808,200.00$ -$ 0.00%808,200.00$ -$ Total GENERAL GOVERNMENT EXP.10,886,871.63$ 4,732,770.01$ 43.47%6,154,445.72$ 803,944.78$ PUBLIC SAFETY FIRE DEPARTMENT 3,698,663.25$ 2,361,877.03$ 63.86%1,336,786.22$ 308,418.48$ AMBULANCE 522,650.00$ 86,016.48$ 16.46%436,633.52$ 37,015.07$ POLICE DEPARTMENT 5,760,136.24$ 2,768,745.97$ 48.07%2,991,390.27$ 378,889.76$ OPERATING TRANSFERS OUT -$ (185.14)$ 100.00%185.14$ (184.62)$ Total PUBLIC SAFETY 9,981,449.49$ 5,216,454.34$ 52.26%4,764,995.15$ 724,138.69$ STREETS & HIGHWAYS HIGHWAY DEPARTMENT 3,346,938.68$ 2,204,694.51$ 65.87%1,142,244.17$ 181,138.13$ Total STREETS & HIGHWAYS 3,346,938.68$ 2,204,694.51$ 65.87%1,142,244.17$ 181,138.13$ CULTURE AND RECREATION City of South Burlington General Ledger Expenditure Report - GENERAL FUND Current Year Period 7 January % Budget Unencumbered FY-22/23 MTD Account Budget Expenditures Expended Balance Pd 7 Jan RECREATION ADMINISTRATION 359,516.74$ 196,206.63$ 54.58%163,310.11$ 32,199.00$ PROGRAMS 50,000.00$ 33,622.89$ 67.25%16,377.11$ 2,168.61$ RED ROCKS PARK 14,924.80$ 8,464.33$ 56.71%6,460.47$ 35.30$ FACILITIES 139,150.00$ 26,820.97$ 19.27%112,329.03$ 1,514.88$ SENIOR PROGRAMS 33,311.57$ 8,182.08$ 24.56%25,129.49$ 878.20$ SPECIAL ACTIVITIES 101,500.00$ 49,086.53$ 48.36%52,413.47$ 5,544.58$ PUBLIC LIBRARY 866,629.70$ 420,681.51$ 48.54%445,948.19$ 62,135.40$ CAPITAL/PARK MAINTENANCE 399,642.54$ 225,442.06$ 56.41%174,200.48$ 21,365.58$ Total CULTURE AND RECREATION 1,964,675.35$ 965,661.12$ 49.15%999,014.23$ 125,841.55$ OTHER ENTITIES OTHER OPERATING ENTITIES 791,250.11$ 624,430.67$ 78.92%166,819.44$ -$ Total OTHER ENTITIES 791,250.11$ 624,430.67$ 78.92%166,819.44$ -$ CURRENT PRINCIPAL BONDS 1,211,203.30$ 625,021.00$ 51.60%586,182.30$ -$ CURRENT INTEREST BONDS 279,090.00$ 141,442.10$ 50.68%137,647.90$ -$ Total GENERAL FUND 28,461,478.56$ 14,510,473.75$ 50.98%13,951,348.91$ 1,835,063.15$ City of South Burlington General Ledger Expenditure Report - ENTERPRISE FUND/W.P.C. Current Year Period 7 January % Budget Unencumbered FY-22/23 MTD Account Budget Expenditures Expended Balance Pd 7 Jan W/POLLUTION CONTROL EXPS. Salaries-Permanent 672,300.45$ 369,536.71$ 54.97%302,763.74$ 49,794.05$ Payment to Highway-wages 250,000.00$ -$ 0.00%250,000.00$ -$ Leave Time Turn-In 7,000.00$ -$ 0.00%7,000.00$ -$ Salaries-Overtime 50,000.00$ 41,157.26$ 82.31%8,842.74$ 5,598.60$ Payment to Sick Bank Fund 6,677.02$ -$ 0.00%6,677.02$ -$ Payroll Service 1,796.41$ -$ 0.00%1,796.41$ -$ PAFO Certification 29,065.71$ 6,308.92$ 21.71%22,756.79$ 876.88$ Sick Bank Payouts 10,000.00$ -$ 0.00%10,000.00$ -$ Fringe Benefits 4,135.00$ 600.00$ 14.51%3,535.00$ -$ FICA/Medicare 58,780.01$ 32,479.65$ 55.26%26,300.36$ 4,367.83$ Payment to Highway-FICA/M 33,420.18$ -$ 0.00%33,420.18$ -$ Vision Plan 2,829.21$ 397.25$ 14.04%2,431.96$ 113.50$ Disability Insurance 2,175.17$ 3,510.26$ 161.38%(1,335.09)$ 1,131.52$ Long Term Disability Insu 4,148.39$ -$ 0.00%4,148.39$ -$ Group Health Insurance 196,366.10$ 51,741.33$ 26.35%144,624.77$ 5,823.54$ Group Life Insurance 2,829.21$ 482.65$ 17.06%2,346.56$ 156.76$ Group Dental Insurance 7,893.29$ 3,654.59$ 46.30%4,238.70$ 1,067.86$ Pension 85,733.42$ 44,454.43$ 51.85%41,278.99$ 24,090.89$ ICMA Match 29,065.71$ 13,234.10$ 45.53%15,831.61$ 1,810.26$ Pension Note Payment 39,075.00$ -$ 0.00%39,075.00$ -$ Office Supplies 2,000.00$ 1,221.48$ 61.07%778.52$ 613.11$ Plant Supplies 120,000.00$ 74,481.00$ 62.07%45,519.00$ 10,417.74$ Polymer 100,000.00$ 33,836.35$ 33.84%66,163.65$ -$ Sewer Line Maint/Supplies 25,000.00$ 32,770.36$ 131.08%(7,770.36)$ -$ Pumping Station Supplies 25,000.00$ 36,296.60$ 145.19%(11,296.60)$ 7,066.26$ Laboratory Supplies 13,000.00$ 6,375.59$ 49.04%6,624.41$ 2,151.83$ Caustic Soda and Lime 120,000.00$ 85,685.82$ 71.40%34,314.18$ 24,070.00$ Alum 180,000.00$ 140,105.20$ 77.84%39,894.80$ 19,527.58$ City of South Burlington General Ledger Expenditure Report - ENTERPRISE FUND/W.P.C. Current Year Period 7 January % Budget Unencumbered FY-22/23 MTD Account Budget Expenditures Expended Balance Pd 7 Jan Water-Airport-B/B-Pump 1,600.00$ 981.08$ 61.32%618.92$ 193.54$ Generator Preventive Main 10,000.00$ 4,062.22$ 40.62%5,937.78$ -$ Clothing Supplies 4,250.00$ 2,514.70$ 59.17%1,735.30$ -$ Truck Parts 12,500.00$ 5,679.44$ 45.44%6,820.56$ 650.52$ Gas - Diesel Fuel - Oil 12,000.00$ 13,642.70$ 113.69%(1,642.70)$ 1,902.49$ Fuel - Airport Parkway 60,000.00$ 30,855.94$ 51.43%29,144.06$ 7,990.47$ Fuel - Bartlett Bay 6,000.00$ 1,476.42$ 24.61%4,523.58$ 1,019.48$ Telephone and Alarms 6,500.00$ 5,220.13$ 80.31%1,279.87$ 1,228.26$ Memberships/Dues 20,000.00$ 2,215.50$ 11.08%17,784.50$ 975.00$ Discharge Permits 15,000.00$ 3,750.00$ 25.00%11,250.00$ -$ Workers Comp Insurance 22,127.75$ 15,530.36$ 70.18%6,597.39$ -$ Property Insurance 70,040.34$ 34,921.62$ 49.86%35,118.72$ -$ Unemployment Insurance 902.00$ -$ 0.00%902.00$ -$ Safety 5,000.00$ 14,181.89$ 283.64%(9,181.89)$ 4,977.46$ Billing Payment to CWD 69,342.00$ -$ 0.00%69,342.00$ -$ Soil/Sludge Management 135,000.00$ 100,143.55$ 74.18%34,856.45$ 12,770.63$ Landfill Fees 1,000.00$ -$ 0.00%1,000.00$ -$ HVAC Maintenance 35,000.00$ 15,272.48$ 43.64%19,727.52$ 2,706.02$ Auditing 4,246.55$ -$ 0.00%4,246.55$ -$ Engineering/Consulting 15,000.00$ 8,914.70$ 59.43%6,085.30$ 3,171.95$ Landfill Engineering 17,500.00$ 24,710.29$ 141.20%(7,210.29)$ -$ Administrative Services 149,344.05$ -$ 0.00%149,344.05$ -$ Burlington Sewer Lines 5,000.00$ 905.62$ 18.11%4,094.38$ -$ Travel & Training 6,000.00$ 3,192.07$ 53.20%2,807.93$ 460.00$ Utilities-Pumping Station 105,000.00$ 47,089.38$ 44.85%57,910.62$ 8,778.57$ Electric-Airport Parkway 200,000.00$ 113,811.77$ 56.91%86,188.23$ 30,637.07$ Electric-Bartlett Bay 145,000.00$ 78,469.48$ 54.12%66,530.52$ 30,107.16$ Replacement-Vehicles 220,000.00$ 77,885.18$ 35.40%142,114.82$ 1,597.37$ Building Improvements 2,500.00$ 874.10$ 34.96%1,625.90$ -$ City of South Burlington General Ledger Expenditure Report - ENTERPRISE FUND/W.P.C. Current Year Period 7 January % Budget Unencumbered FY-22/23 MTD Account Budget Expenditures Expended Balance Pd 7 Jan Pumps Replacements 50,000.00$ 25,985.22$ 51.97%24,014.78$ -$ Pump Repairs 40,000.00$ 29,264.69$ 73.16%10,735.31$ 526.57$ PMT to SW for Hadley Loan 73,000.00$ 73,649.00$ 100.89%(649.00)$ -$ Airport Pkwy Upgrade/Expn -$ 299,997.00$ 100.00%(299,997.00)$ -$ Bartlett Bay Upgrades 400,000.00$ 42,292.25$ 10.57%357,707.75$ 363.75$ Hadley Sewer Project 111,786.54$ -$ 0.00%111,786.54$ -$ Loan for Hadley Sewer -$ 111,786.54$ 100.00%(111,786.54)$ -$ Loan for Airport Parkway 965,647.23$ -$ 0.00%965,647.23$ -$ Capital Improvements-CIP -$ 34,429.22$ 100.00%(34,429.22)$ 105.00$ Total ENTERPRISE FUND/W.P.C.5,074,576.74$ 2,202,034.09$ 43.39%2,872,542.65$ 268,839.52$ City of South Burlington General Ledger Expenditure Report - STORM WATER UTILITIES Current Year Period 7 January % Budget Unencumbered FY-22/23 MTD Account Budget Expenditures Expended Balance Pd 7 Jan S/WATER UTILITIES EXPS Salaries-Permanent 545,117.10$ 218,108.38$ 40.01%327,008.72$ 39,419.83$ Payment to Highway-Wages 78,215.00$ -$ 0.00%78,215.00$ -$ Salaries-Overtime 23,000.00$ 4,414.97$ 19.20%18,585.03$ 512.37$ Payment to Sick Bank Fund 5,392.16$ -$ 0.00%5,392.16$ -$ Payroll Service 1,347.31$ -$ 0.00%1,347.31$ -$ Fringe Benefits 7,238.00$ -$ 0.00%7,238.00$ -$ FICA/Medicare 43,460.96$ 18,061.44$ 41.56%25,399.52$ 3,207.23$ Vision Plan 582.94$ 237.05$ 40.66%345.89$ 80.90$ Disability Income Insuran 4,878.93$ 2,942.48$ 60.31%1,936.45$ 994.70$ Group Health Insurance 153,953.83$ 209,012.77$ 135.76%(55,058.94)$ 8,582.96$ Health Insurance FICA 2,080.03$ -$ 0.00%2,080.03$ -$ Group Life Insurance 2,360.28$ 405.10$ 17.16%1,955.18$ 137.74$ Group Dental Insurance 5,930.59$ 2,484.42$ 41.89%3,446.17$ 841.96$ Pension 93,238.50$ -$ 0.00%93,238.50$ -$ ICMA Match 27,189.96$ 14,903.95$ 54.81%12,286.01$ 2,760.93$ Pension Note Payment 26,910.00$ -$ 0.00%26,910.00$ -$ Office Supplies 1,000.00$ 1,100.85$ 110.09%(100.85)$ 88.77$ Small Equipment/Tools 2,000.00$ 717.72$ 35.89%1,282.28$ 75.96$ Uniforms/Supplies 6,500.00$ 3,256.18$ 50.10%3,243.82$ 170.00$ Gasoline 2,250.00$ 1,948.42$ 86.60%301.58$ 249.21$ Oil 250.00$ 63.75$ 25.50%186.25$ -$ Diesel Fuel 4,500.00$ 6,286.18$ 139.69%(1,786.18)$ -$ Permit Requirement-Educat 7,000.00$ 6,000.00$ 85.71%1,000.00$ -$ Telephone 2,000.00$ 1,155.25$ 57.76%844.75$ 155.81$ Membership/Dues 300.00$ 100.00$ 33.33%200.00$ 55.00$ Discharge Permits Renewal 18,000.00$ 18,895.57$ 104.98%(895.57)$ 2,008.00$ Workers Comp Insurance 19,554.75$ 11,585.68$ 59.25%7,969.07$ -$ Property Insurance 16,197.44$ 8,075.96$ 49.86%8,121.48$ -$ City of South Burlington General Ledger Expenditure Report - STORM WATER UTILITIES Current Year Period 7 January % Budget Unencumbered FY-22/23 MTD Account Budget Expenditures Expended Balance Pd 7 Jan Unemployment Insurance 902.00$ -$ 0.00%902.00$ -$ GIS-Fees/Software 50,000.00$ 17,957.65$ 35.92%32,042.35$ -$ Sediment & Depris Disposa 200.00$ -$ 0.00%200.00$ -$ Water Quality Monitoring 15,000.00$ 7,854.33$ 52.36%7,145.67$ 2,498.13$ Building/Grounds Maint 200.00$ 149.99$ 75.00%50.01$ -$ Vehicle Maintenance 5,000.00$ 6,787.25$ 135.75%(1,787.25)$ 18.80$ Storm System Maint Materi 55,000.00$ 108,326.34$ 196.96%(53,326.34)$ 27,660.88$ Printing 100.00$ -$ 0.00%100.00$ -$ Legal Services 20,000.00$ 343.13$ 1.72%19,656.87$ -$ To GF-Audit and Actuary 6,180.66$ -$ 0.00%6,180.66$ -$ Engineering-Watershed 40,000.00$ -$ 0.00%40,000.00$ -$ Billing Payment CWD 69,342.00$ -$ 0.00%69,342.00$ -$ Office Equipment Maintena 2,500.00$ 1,521.75$ 60.87%978.25$ 253.60$ Equipment Rental 250.00$ -$ 0.00%250.00$ -$ Administrative Services 102,103.95$ -$ 0.00%102,103.95$ -$ Conference/Training Expen 8,000.00$ 478.57$ 5.98%7,521.43$ -$ S/W Bldg Utilities 3,250.00$ 642.33$ 19.76%2,607.67$ 267.52$ Stormwater Pumps Electric 300.00$ 130.14$ 43.38%169.86$ 20.96$ Vehicles/Equipment 421,000.00$ -$ 0.00%421,000.00$ -$ Stormwater Capital Projec 2,481,000.00$ 1,083,352.53$ 43.67%1,397,647.47$ 279,038.37$ Office Furniture/Equipmen 1,000.00$ 1,327.19$ 132.72%(327.19)$ -$ Flow Restoration Plan Ana 5,000.00$ -$ 0.00%5,000.00$ -$ Reim to Highway-Benefit 33,420.18$ -$ 0.00%33,420.18$ -$ Total S/WATER UTILITIES EXPS 4,420,196.57$ 1,758,627.32$ 39.79%2,661,569.25$ 369,099.63$ City of South Burlington General Ledger Revenue Report - GENERAL FUND Current Year Period 7 January Estimated Received % Budget Uncollected FY-22/23 MTD Account Revenue To Date Received Balance Pd 7 Jan TAX REVENUE TAX REVENUE 18,202,812.57$ (13,391,387.08)$ 73.57%4,811,425.49$ (251,848.75)$ LOCAL OPTION TAXES 4,033,388.90$ (1,756,746.45)$ 43.56%2,276,642.45$ -$ Total TAX REVENUE 22,236,201.47$ (15,148,133.53)$ 68.12%7,088,067.94$ (251,848.75)$ INTEREST/PENALTY ON TAX 379,000.00$ (181,447.18)$ 47.88%197,552.82$ (2,789.78)$ Other Health Services 247,346.40$ (116,457.46)$ 47.08%130,888.94$ (19,340.75)$ CITY MANAGER 1,463,078.08$ (510,046.66)$ 34.86%953,031.42$ (102,955.97)$ CITY CLERK 383,100.00$ (147,802.84)$ 38.58%235,297.16$ (19,273.86)$ PLANNING 383,100.00$ (297,833.85)$ 77.74%85,266.15$ (36,863.13)$ FIRE DEPARTMENT 489,000.00$ (691,880.27)$ 141.49%(202,880.27)$ (59,219.21)$ ELECTRICAL INSPECTION 65,000.00$ (159,681.86)$ 245.66%(94,681.86)$ (5,819.37)$ AMBULANCE 721,000.00$ (544,241.09)$ 75.48%176,758.91$ (86,011.89)$ POLICE DEPARTMENT 517,997.24$ (126,961.23)$ 24.51%391,036.01$ (12,199.59)$ HIGHWAY DEPARTMENT 1,394,855.38$ (611,167.11)$ 43.82%783,688.27$ (284,156.13)$ Senior Programs 26,500.00$ (9,500.00)$ 35.85%17,000.00$ (1,665.00)$ SPECIAL ACTIVITIES 145,000.00$ (90,812.20)$ 62.63%54,187.80$ (10,304.50)$ PUBLIC LIBRARY 10,300.00$ (7,027.02)$ 68.22%3,272.98$ (1,144.87)$ TOTAL DEPARTMENTS 6,225,277.10$ (3,494,858.77)$ 56.13%2,730,418.33$ (641,744.05)$ Total GENERAL FUND 28,461,478.57$ (18,642,992.30)$ 65.50%9,818,486.27$ (893,592.80)$ City of South Burlington General Ledger Revenue Report - ENTERPRISE FUND/W.P.C. Current Year Period 7 January Estimated Received % Budget Uncollected FY-22/23 MTD Account Revenue To Date Received Balance Pd 7 Jan CHARGES FOR SERVICES W.P.C. User Fees 3,783,418.00$ (2,222,832.49)$ 58.75%1,560,585.51$ (291,119.11)$ Sewer Septage Revenue 25,000.00$ -$ 0.00%25,000.00$ -$ Connection Fees 500,000.00$ (650,296.25)$ 130.06%(150,296.25)$ -$ Enviromental Impact -$ (14,148.00)$ 100.00%(14,148.00)$ (411.00)$ Total CHARGES FOR SERVICES 4,308,418.00$ (2,887,276.74)$ 67.01%1,421,141.26$ (291,530.11)$ BOND AND LOAN PROCEEDS Colchester A/P Pkwy Pm 742,310.00$ -$ 0.00%742,310.00$ -$ GF Note Repay-Solar 12,004.68$ -$ 0.00%12,004.68$ -$ Total BOND AND LOAN PROCEEDS 754,314.68$ -$ 0.00%754,314.68$ -$ MISCELLANEOUS Miscellaneous Rev.-W.P 10,000.00$ (36,344.17)$ 363.44%(26,344.17)$ -$ Total MISCELLANEOUS 10,000.00$ (36,344.17)$ 363.44%(26,344.17)$ -$ Total ENTERPRISE FUND/W.P.C.5,072,732.68$ (2,923,620.91)$ 57.63%2,149,111.77$ (291,530.11)$ City of South Burlington General Ledger Revenue Report - STORM WATER UTILITIES Current Year Period 7 January Estimated Received % Budget Uncollected FY-22/23 MTD Account Revenue To Date Received Balance Pd 7 Jan S/WATER UTILITIES REVENUE Intergovernmental Revenue 826,506.98$ (2,500.00)$ 0.30%824,006.98$ -$ S/W User Fees - Water Bil 2,707,767.59$ (1,489,536.23)$ 55.01%1,218,231.36$ (348,604.14)$ Pmts from other towns 40,000.00$ -$ 0.00%40,000.00$ -$ Land Owner Payments 100,000.00$ (82,143.62)$ 82.14%17,856.38$ -$ Stormwater Miscellaneous 30,000.00$ -$ 0.00%30,000.00$ -$ Hadley Sewer Proj-Sewer f 73,000.00$ (73,649.00)$ 100.89%(649.00)$ -$ Reserve Transfer In 635,778.00$ -$ 0.00%635,778.00$ -$ Total S/WATER UTILITIES REVENUE 4,413,052.57$ (1,647,828.85)$ 37.34%2,765,223.72$ (348,604.14)$ 180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sbvt.gov MEMORANDUM TO: Jessie Baker, City Manager South Burlington City Council FROM: Paul Conner, Director of Planning & Zoning & Acting Administrative Officer SUBJECT: Road Impact Fee In-Kind Credit requests for 224 Market Street, 268 Market Street, and 339 Garden Street (SP-22-060) DATE: February 21, 2023 City Council meeting Chris Snyder have submitted the attached request for issuance of an in-kind credit for Road Impact Fees ascribed to three buildings whose primary vehicular entrances are on Garden Street. These include: •224 Market Street, a 4-story, mixed use building consisting of 62 dwelling units and first-floor non- residential uses •268 Market Street, a 4-story mixed use building consisting of 73 dwelling units and first-floor non- residential uses •339 Garden Street, a 4-story residential building consisting of 26 dwelling units. Together, these three building comprise City Center LLC’s “Block B”, between Garden Street and the entry to Marcotte School on the north side of Market Street. Eligibility: The City’s Impact Fee Ordinance authorizes the City Council to issue credit as follows: Section 8. Credits for "In-Kind" Contributions. A."In-Kind" contribution shall mean provision, by a person subject to payment of an impact fee, of land or equipment or construction of facilities that are included in the impact fee analyses and computations, and which are included in or consistent with the City's Comprehensive Plan. B.Upon recommendation of the Development Review Board or Administrative Officer, the City Council may approve a credit against any impact fee levied under this ordinance for the value of "In-Kind" contributions. The amount of credit for an "In-Kind" contribution shall be based on the actual cost to the person requesting the credit of providing or creating the facilities. The Development Review Board or Administrative Officer shall indicate the basis on which the amount of credit is determined. The amount of credit for an "In-Kind" contribution shall not exceed the total amount of the impact fee for that type of facility which would otherwise be levied on the proposed development. Details of request: Applicant is seeking credit for construction of the north section of Garden Street for the three buildings listed above. Calculation of vehicles trips per unit are prescribed by formula in the in Impact Fee Ordinance. For non- residential uses, the application provided a compilation of possible land uses that may occupy the approved 2 non-residential space. Site Plan #SP-22-060 approved 113 PM Peak hour non-residential trips based on the analysis provided by the applicant. These figures may be adjusted at the time of occupancy. As presented in the attached request from Chris Snyder, the applicant is seeking credits equal to $215,340 for projects approved under SP-20-060. Impact Fee Balance The Impact Fee ordinance contemplates total expenditures of $3,189,000 from Impact Fees for eligible City Center Road Network Projects. To date, direct expenditures have been approximately $1,656,445; credits have been issued in the amount of $428,124; and commitments associated with TIF financing of Garden Street Phase I have been made in the amount of $650,000. With issuance of the requested credits of $215,340, the remaining balance would be $239,091. Recommendation Upon review of the letter provided by Chris Snyder and the findings of SP-22-060, the Administrative Officer find the request to be consistent with the Ordinance and recommends issuance of a credit of $215,340. This recommendation applies only to the development approved by SP-22-060. MEMO TO:Jesse Baker, City ManagerPaul Conner, Director of Planning & Zoning CC:Tim McKenzie – South Burlington City Center, LLC FROM:Chris Snyder – Snyder-Braverman Development Company, LLC DATE:February 8, 2023 RE:Credit for in-kind contribution - Road Improvement Impact FeeProposed mixed use and multi-family buildings268 Market Street – Building B1224 Market Street – Building B2339 Garden Street – Building B3 In accordance with Section 8 of the South Burlington Impact Fee Ordinance, we are requesting City Council approval of an in-kind contribution for the construction of Garden Street, therebyeliminating the Road Improvement Impact Fee for the buildings to be constructed at 224 MarketStreet, 268 Market Street, and 339 Garden Street. Site Plan Application #SP-22-060 approved construction of Buildings B1, B2, & B3. Buildings B1& B2 are mixed used, with commercial uses planned for street level along Market Street andGarden Street. Building B3 will be only multi-family residential. The approval of Site Plan Application #SP-22-060 included a recommendation from theAdministrative Officer that the City Council approve a credit against the Road ImprovementImpact Fee. The following summarizes the projects where in-kind contributions were previously approved,along with the subdivision of the Garden Street right of way.  Site Plan application #SP-20-030 for the construction of a 43 unit residential building at324 Garden Street was approved by the Administrative Officer on November 2, 2020. o Decision #16 states that the Administrative Officer estimates that the building willgenerate twenty (20) vehicle trip ends during the P.M. peak hour.  Site Plan application #SP-18-18 for the construction of a 60 unit residential building at 310 Market Street was approved by the Administrative Officer on August 10, 2018. o The findings note that Garden Street will be constructed in phases as approvedin decision #SD-18-23. The application must post a bond for the estimated construction cost of the segment of Garden Street north of Market Street, plus a15% contingency (excluding street trees). The estimated construction cost wasapproved by the Director of Public Works in an email dated June 25, 2018. o Decision #4 states that prior to issuance of a zoning permit, the applicant mustpost a bond for the construction of each phase of Garden Street (north segment)as indicated below:  Phase 1 $473,800  Phase 2 $387,550  Phase 3 $103,500 o Decision #13 states that the Administrative Officer estimates that the building willgenerate twenty seven (27) vehicle trip ends during the P.M. peak hour. o Construction of Garden Street (north segment) is substantially complete,although all components of phase 3 are not yet finished.  Garden Street – north segment: Preliminary and Final Plat application #SD-18-13 was approved by the Development Review Board on June 7, 2018. The applicationconsisted of subdividing a parcel into 5 lots, and adjusting a boundary line between apreviously conveyed right of way and a pre-existing sixth lot. o Garden Street is a planned street as shown on the Official City Map o Decision 16 outlined the approved phased construction of Garden Street, north ofMarket Street. o Decision 18 required that a bond be posted for the construction of Garden Street,in accordance with the phased construction, plus a 15% contingency.  Garden Street – south segment: Preliminary and Final Plat application #SD-19-24 wasapproved by the Development Review Board on October 28, 2019. The applicationconsisted of subdividing a parcel into 6 lots, including the right of way for Garden Streetsouth of Market Street. o Garden Street is a planned street as shown on the Official City Map o Decision 11 & 12 outlines the phased construction of Garden Street, south ofMarket Street. o In accordance with Decision 11.e. a bond having a value of $1,748,000($1,520,000 construction cost plus 15% contingency) was provided for theconstruction of Garden Street, south of Market Street.  Site Plan application #SP-21-036A for the construction of a 61 unit residential building at303 Market Street was approved by the Administrative Officer on January 31, 2022. o Decision 19 states that the Administrative Officer estimates that the building willgenerate twenty eight (28) vehicle trip ends during the P.M. peak hour.  Site Plan application #SP-21-036A for the construction of a 61 unit residential building at 303 Market Street was approved by the Administrative Officer on January 31, 2022. o Decision 19 states that the Administrative Officer estimates that the building willgenerate twenty eight (28) vehicle trip ends during the P.M. peak hour.  Site Plan application #SP-22-050 for the construction of a mixed use building (120 unitresidential units, 1,800 SF fast casual restaurant & 5,000 SF day care) at 112 GardenStreet was approved by the Administrative Officer on October 24, 2022. o Decision #23 states that the Administrative Officer estimates that the building will generate one hundred fifteen (115) vehicle trip ends during the P.M. peak hour.Note that this estimate reflects the reduction for pass-by trips associated with daycare uses allowed by the Impact Fee Ordinance. The following summarizes the projects that are the subject of the proposed in-kind contributioncredit request.  Site Plan application #SP-22-060 for the construction of mixed use Building B1 (73 residential units & 11,322 s.f. of commercial space), mixed use Building B2 (62residential units & 11,353 s.f. of commercial space), and multi-family Building B3 (26residential units) to be constructed at 268 Market Street, 224 Market Street, and 339 Garden Street was approved by the Administrative Officer on February 7, 2023. o Decision #9 states that the Administrative Officer estimates that the threebuildings combined will generate one hundred seventy eight (178) vehicle tripends during the P.M. peak hour. o Note that this estimate reflects trip generation for the commercial spaces basedupon potential uses. The actual commercial uses may result in higher or lower trip generation. The total credit for the in-kind contribution, as well as the previously approved and proposedRoad Improvement Impact Fee reductions are summarized below: Total in-kind contribution credit Garden Street (north segment)$ 964,850.00 Garden Street (south segment)$ 1,520,000.00 Total in-kind contribution credit $ 2,484,850.00 GARDEN STREET (NORTH)Road Improvement Impact Fee Reductions City Councilapproval Total in-kind contribution credit $ 964,850.00 #SP-18-18 / 310 Market Street 60 unit multi-family buildingImpact fee = $602.36 per MF unit ($ 36,141.60)09/04/2018 #SP-20-030 / 324 Garden Street43 unit multi-family building Impact fee = $623.23 per MF unit ($ 26,798.89)02/16/2021 #SP-22-060Building B1 – 268 Market Street Impact fee = $635.76 per MF unit (73) 56 commercial trips x $999.86/tripBuilding B2 – 224 Market Street Impact fee = $635.76 per MF unit (62 units) 57 commercial trips x $999.86/tripBuilding B3 – 339 Garden Street Impact fee = $635.76 per MF unit (26 units) ($ 46,410.48)($ 55,992.16) ($ 39,417.12) ($ 56,992.02) ($ 16,529.76) PENDING Total Road Improvement Impact Fee Reductions ($278,282.03) Unused in-kind contribution credit $ 686,567.97 GARDEN STREET (SOUTH)Road Improvement Impact Fee Reductions City Councilapproval Total in-kind contribution credit $ 1,520,000.00 #SP-21-036A / 303 Market Street61 unit multi-family buildingImpact fee = $629.62 per MF unit ($ 34,406.82)11/07/2022 #SP-22-050 / 112 Garden StreetMixed use buildingImpact fee = $635.76 per MF unit (120 units)Impact fee = $24,996.50 for 1,800 sf restaurant ($999.86/trip x 25 peak hour trips)Impact fee = $38,994.54 for 5,000 sf day care ($999.86/trip x 39 peak hour trips) ($ 140,282.24) 11/07/2022 Total Road Improvement Impact Fee Reductions ($ 174,689.06) Unused in-kind contribution credit $ 1,345,310.94 We reserve the right to request approval to apply the unused in-kind contribution against RoadImprovement Impact Fees for future development in City Center. 180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov 2023 - 3 CITY COUNCIL RESOLUTION IN RECOGNITION OF THE SERVICE OF Representative John Killacky Representative Ann Pugh Representative Maida Townsend February 21, 2023 WHEREAS South Burlington was extremely well served by Representative John Killacky, Representative Ann Pugh, and Representative Maida Townsend who each retired at the end of the last Legislative Biennium; and WHEREAS John Killacky served as a State Representative from South Burlington since 2019 and during this time served on the House Committee on General, Housing and Military Affairs; and WHEREAS Representative Killacky’s writing and work can be seen in the South Burlington Public Library as well as aired on VPR and published in VTDigger and the Burlington Free Press; and WHEREAS Representative Killacky centered Vermonters who were disadvantaged by some of our core systems, advocating for better treatment of women prisoners in our corrections systems, working to provide better access to those Vermonters who were working on their sobriety, and pointedly fighting for better access for those with physical disabilities to our State House; and WHEREAS Representative Killacky fought to make sure that our artistic institutions — and our artists — received state and federal assistance throughout the initial phases of the pandemic, advocated for Vermonters who worked for minimum wage and for the use of state and federal funds to keep Vermonters in their homes, and to keep those experiencing homelessness safe throughout the pandemic; and WHEREAS Representative Killacky brought his experienced voice to our public apology to Vermonters whose ancestors were damaged by our state-sponsored and supported Eugenics policies, as well as the creation of the Truth and Reconciliation commission; and WHEREAS Ann Pugh served as a State Representative from South Burlington since 1993, served as the Chair of the House Committee on Human Services for many years, and also served on the City’s Planning Commission; and WHEREAS Representative Pugh was always a social worker at heart and was a consistent champion of many of the neediest Vermonters including individuals and families with income and health challenges; and WHEREAS Representative Pugh worked to address homelessness and housing safety issues and was a tireless advocate for reproductive freedom; and WHEREAS Representative Pugh was an early and prominent leader around tobacco and youth cessation-efforts, raising the age for tobacco, advocating for health and outreach to youth through advertising by use of the tobacco funding from successful state litigation against big tobacco; and 180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov 2023 - 3 WHEREAS Representative Pugh was a strong advocate regarding reducing lead paint exposure, working on universal access to healthcare and expanded Medicaid access for children and their families, and led the effort to successfully require mental health to be included in health care policies, thus mainstreaming that care with traditional health; and WHEREAS Maida Townsend served as a State Representative from South Burlington since 2015 and served on the House Committee on Appropriations and the Government Operations Committee including one year as Chair; and WHEREAS Representative Townsend is a strong supporter of public education and enjoyed a long career as a French teacher; and WHEREAS Representative Townsend set the example for constituent services, was always quick to respond to constituent questions, and, on an annual basis, visited every household in her district, stopping to chat or leaving information if no-one was home; and WHEREAS Representative Townsend brought intelligence, sharp insight, and incredible diligence to her work examining issues from all angles and with consideration of other perspectives, applying an amazing work ethic, readily accepting extra work, doing her homework, and was always exhibiting kindness and consideration; and WHEREAS Representative Townsend was instrumental at steering funding towards numerous priorities for the State and South Burlington including the expansion of broadband throughout the State; and WHEREAS Representatives Killacky, Pugh, and Townsend each supported the Constitutional amendments to explicitly prohibit slavery and indentured servitude and to protect the right to personal reproductive autonomy; and WHEREAS the Council and community of South Burlington have been ably served by each of these Representatives. NOW, THEREFORE, BE IT RESOLVED that the South Burlington City Council hereby expresses its greatest appreciation to Representatives Killacky, Pugh, and Townsend for their tireless advocacy for the City and wishes them the very best in political retirement. Approved this 21st day of February, 2023. SOUTH BURLINGTON CITY COUNCIL __________________________________ ________________________________ Helen Riehle, Chair Meaghan Emery, Vice-Chair __________________________________ ________________________________ Tim Barritt, Clerk Thomas Chittenden __________________________________ Matt Cota (dr req 23-0091 – draft 7.2) Page 1 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 Introduced by Senator Ram Hinsdale 1 Referred to Committee on 2 Date: 3 Subject: Housing; land use; municipal zoning; Act 250; Human Rights 4 Commission 5 Statement of purpose of bill as introduced: This bill proposes to increase the 6 supply of affordable housing in this State, promote homeownership, and 7 broaden housing opportunities for Vermonters. 8 An act relating to housing opportunities made for everyone 9 It is hereby enacted by the General Assembly of the State of Vermont: 10 * * * Municipal Zoning * * *11 Sec. 1. 24 V.S.A. § 4414 is amended to read: 12 § 4414. ZONING; PERMISSIBLE TYPES OF REGULATIONS13 * * *14 (4) Parking and loading facilities. A municipality may adopt provisions15 setting forth standards for permitted and required facilities for off-street 16 parking and loading, which may vary by district and by uses within each 17 district. However, a municipality shall not require more than one parking 18 space per dwelling unit or accessory dwelling unit. These bylaws may also 19 include provisions covering the location, size, design, access, landscaping, and 20 (dr req 23-0091 – draft 7.2) Page 2 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 screening of those facilities. In determining the number of parking spaces for 1 nonresidential uses and size of parking spaces required under these regulations, 2 the appropriate municipal panel may take into account the existence or 3 availability of employer “transit pass” and rideshare programs, public transit 4 routes, and public parking spaces in the vicinity of the development. However, 5 municipality shall not require an accessory dwelling unit to have more than 6 one parking space per bedroom. 7 * * * 8 Sec. 2. 24 V.S.A. § 4412 is amended to read: 9 § 4412. REQUIRED PROVISIONS AND PROHIBITED EFFECTS 10 Notwithstanding any existing bylaw, the following land development 11 provisions shall apply in every municipality: 12 (1) Equal treatment of housing and required provisions for affordable 13 housing. 14 * * * 15 (D) Bylaws shall designate appropriate districts and reasonable 16 regulations for multiunit or multifamily dwellings. No bylaw shall have the 17 effect of excluding these multiunit or multifamily dwellings from the 18 municipality. In any district that allows year-round residential development, 19 duplexes shall be an allowed use with the same dimensional standards as a 20 single unit dwelling. In any district that is served by municipal sewer and 21 (dr req 23-0091 – draft 7.2) Page 3 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 water service that allows residential development, multiunit dwellings with 1 four or fewer units shall be an allowed use. 2 (E) Except for flood hazard and fluvial erosion area bylaws adopted 3 pursuant to section 4424 of this title, no bylaw shall have the effect of 4 excluding as a permitted use one accessory dwelling unit that is located within 5 or appurtenant to a single-family dwelling on an owner-occupied lot. A bylaw 6 may shall require a single-family dwelling with an accessory dwelling unit to 7 be subject to the same review, dimensional, or other controls as required for a 8 single-family dwelling without an accessory dwelling unit. The criteria for 9 conversion of an existing detached nonresidential building to habitable space 10 for an accessory dwelling unit shall not be more restrictive than the criteria 11 used for a single-family dwelling without an accessory dwelling unit. An 12 “accessory dwelling unit” means a distinct unit that is clearly subordinate to a 13 single-family dwelling, and has facilities and provisions for independent living, 14 including sleeping, food preparation, and sanitation, provided there is 15 compliance with all the following: 16 (i) The property has sufficient wastewater capacity. 17 (ii) The unit does not exceed 30 percent of the total habitable floor 18 area of the single-family dwelling or 900 square feet, whichever is greater. 19 * * * 20 (dr req 23-0091 – draft 7.2) Page 4 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 (12) In any district served by municipal sewer and water infrastructure 1 that allows residential development, bylaws shall establish lot and building 2 dimensional standards that allow five or more dwelling units per acre for 3 allowed residential uses, and density standards for multiunit dwellings shall be 4 more restrictive than those required for single-family dwellings. 5 (13) In any district served by municipal sewer and water infrastructure that 6 allows residential development, any mixed use developments and affordable 7 housing developments, as defined in section 4303(2) of this title, may exceed 8 density limitations for residential developments by an additional 20 percent, 9 provided that the structure complies with the Vermont Fire and Building Safety 10 Code. 11 (14) No bylaw shall have the effect of limiting the square footage of a 12 duplex that otherwise complies with the applicable building code. 13 (15)(A) For purposes of this section, “served by municipal water and sewer 14 infrastructure” means: 15 (i) that residential connections and expansions are available to 16 municipal water and direct and indirect discharge wastewater systems and not 17 prohibited by: 18 (I) State regulations or permits; 19 (II) identified capacity constraints; or 20 (II) municipally adopted service and capacity agreements; or 21 (dr req 23-0091 – draft 7.2) Page 5 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 (ii) areas established by the municipality by ordinance or bylaw 1 that: 2 (I) exclude flood hazard or inundation areas as established by 3 statute, river corridors or fluvial erosion areas as established by statute, 4 shorelands, and wherever year-round residential development is not allowed; 5 (II) reflect identified service limits established by State 6 regulations or permits, identified capacity constraints, or municipally adopted 7 service and capacity agreements; 8 (III) exclude areas served by water and sewer to address an 9 identified community -scale public health hazard or environmental hazard; 10 (IV) exclude areas serving a mobile home park that is not 11 within an area planned for year-round residential growth; 12 (V) exclude areas serving an industrial site or park; 13 (VI) exclude areas where service lines are located to serve the 14 areas described in subdivisions (III)-(V) above, but no connections or 15 expansions are permitted; or 16 (VII) modify the zoning provisions allowed under this chapter 17 in areas served by indirect discharge designed for less than 100,000 gallons per 18 day. 19 (B) Municipally adopted areas served by municipal water and sewer 20 infrastructure that limit water and sewer connections and expansions shall not 21 (dr req 23-0091 – draft 7.2) Page 6 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 result in the unequal treatment of housing by discriminating against a year-1 round residential use or housing type otherwise allowed in this chapter. 2 Sec. 3. 24 V.S.A. § 4413 is amended to read: 3 § 4413. LIMITATIONS ON MUNICIPAL BYLAWS 4 (a)(1) The following uses may be regulated only with respect to 5 location, size, height, building bulk, yards, courts, setbacks, density of 6 buildings, off-street parking, loading facilities, traffic, noise, lighting, 7 landscaping, and screening requirements, and only to the extent that 8 regulations do not have the effect of interfering with the intended functional 9 use: 10 (A) State- or community-owned and operated -operated institutions 11 and facilities; 12 (B) public and private schools and other educational institutions 13 certified by the Agency of Education; 14 (C) churches and other places of worship, convents, and parish 15 houses; 16 (D) public and private hospitals; 17 (E) regional solid waste management facilities certified under 10 18 V.S.A. chapter 159; 19 (F) hazardous waste management facilities for which a notice of 20 intent to construct has been received under 10 V.S.A. § 6606a; and 21 (dr req 23-0091 – draft 7.2) Page 7 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 (G) emergency shelters. 1 (2) Except for State-owned and -operated institutions and facilities, a 2 municipality may regulate each of the land uses listed in subdivision (1) of this 3 subsection for compliance with the National Flood Insurance Program and for 4 compliance with a municipal ordinance or bylaw regulating development in a 5 flood hazard area or river corridor, consistent with the requirements of 6 subdivision 2291(25) and section 4424 of this title. These regulations shall not 7 have the effect of interfering with the intended functional use. 8 (3) For purposes of this subsection, regulating the daily or seasonal 9 hours of operation of an emergency shelter shall constitute interfering with the 10 intended functional use. 11 * * * 12 Sec. 4. 24 V.S.A. § 4303 is amended to read: 13 § 4303. DEFINITIONS 14 The following definitions shall apply throughout this chapter unless the 15 context otherwise requires: 16 * * * 17 (38) “Accessory dwelling unit” has the same meaning as defined in 18 section 4412(E) of this title. 19 (39) “Duplex” means a residential building that has two dwelling units 20 in the same building and is not an accessory dwelling unit. 21 (dr req 23-0091 – draft 7.2) Page 8 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 (40) “Emergency shelter” means any facility, the primary purpose of 1 which is to provide a temporary shelter for the homeless in general or for 2 specific populations of the homeless and that does not require occupants to 3 sign leases or occupancy agreements. 4 (41) “Multiunit or multifamily dwelling” means a building that contains 5 three or more dwelling units in the same building. 6 Sec. 5. 24 V.S.A. § 4441 is amended to read: 7 § 4441. PREPARATION OF BYLAWS AND REGULATORY TOOLS; 8 AMENDMENT OR REPEAL 9 * * * 10 (c) When considering an amendment to a bylaw, the planning commission 11 shall prepare and approve a written report on the proposal. A single report 12 may be prepared so as to satisfy the requirements of this subsection concerning 13 bylaw amendments and subsection 4384(c) of this title concerning plan 14 amendments. The Department of Housing and Community Development shall 15 provide all municipalities with a form for this report. The report shall provide 16 a brief explanation of the proposed bylaw, amendment, or repeal and shall 17 include a statement of purpose as required for notice under section 4444 of this 18 title, and shall include findings regarding how the proposal: 19 (dr req 23-0091 – draft 7.2) Page 9 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 (1) Conforms conforms with or furthers the goals and policies contained 1 in the municipal plan, including the effect of the proposal on the availability of 2 safe and affordable housing., and sections 4412, 4413, and 4414 of this title; 3 (2) Is is compatible with the proposed future land uses and densities of 4 the municipal plan.; and 5 (3) Carries carries out, as applicable, any specific proposals for any 6 planned community facilities. 7 * * * 8 (h) Upon adoption or amendment of a bylaw, the planning commission 9 shall prepare an adoption report in form and content provided by the 10 Department of Housing and Community Development that: 11 (1) confirms that all changes to zoning districts have been uploaded to 12 the Vermont Open Geodata Portal; 13 (2) confirms that the complete bylaw has been uploaded to the 14 Municipal Plan and Bylaw Database; 15 (3) demonstrates conformity with sections 4412, 4413, and 4414 of this 16 title; and 17 (4) provides information on the municipal application of subchapters 7 18 (bylaws), 9 (administration), and 10 (panels) of this chapter for the Municipal 19 Planning Data Center and the prospective development of a statewide zoning 20 atlas. 21 (dr req 23-0091 – draft 7.2) Page 10 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 Sec. 6. 24 V.S.A. § 4465 is amended to read: 1 § 4465. APPEALS OF DECISIONS OF THE ADMINISTRATIVE OFFICER 2 (a) An interested person may appeal any decision or act taken by the 3 administrative officer in any municipality by filing a notice of appeal with the 4 secretary of the board of adjustment or development review board of that 5 municipality or with the clerk of that municipality if no such secretary has been 6 elected. This notice of appeal must be filed within 15 days of the date of that 7 decision or act, and a copy of the notice of appeal shall be filed with the 8 administrative officer. 9 (b) For the purposes of this chapter, an interested person means any one of 10 the following: 11 (1) A person owning title to property, or a municipality or solid waste 12 management district empowered to condemn it or an interest in it, affected by a 13 bylaw, who alleges that the bylaw imposes on the property unreasonable or 14 inappropriate restrictions of present or potential use under the particular 15 circumstances of the case. 16 (2) The municipality that has a plan or a bylaw at issue in an appeal 17 brought under this chapter or any municipality that adjoins that municipality. 18 (3) A person owning or occupying property in the immediate 19 neighborhood of a property that is the subject of any decision or act taken 20 under this chapter, who can demonstrate a physical or environmental impact on 21 (dr req 23-0091 – draft 7.2) Page 11 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 the person’s interest under the criteria reviewed, and who alleges that the 1 decision or act, if confirmed, will not be in accord with the policies, purposes, 2 or terms of the plan or bylaw of that municipality. (b) For the purposes of this 3 chapter, an interested person means any one of the following: 4 (4) Any ten persons who may be any combination of voters or real 5 property owners within a municipality listed in subdivision (2) of this 6 subsection who, by signed petition to the appropriate municipal panel of a 7 municipality, the plan or a bylaw of which is at issue in any appeal brought 8 under this title, allege that any relief requested by a person under this title, if 9 granted, will not be in accord with the policies, purposes, or terms of the plan 10 or bylaw of that municipality. This petition to the appropriate municipal panel 11 must designate one person to serve as the representative of the petitioners 12 regarding all matters related to the appeal. 13 (5) Any department and administrative subdivision of this State owning 14 property or any interest in property within a municipality listed in subdivision 15 (2) of this subsection, and the Agency of Commerce and Community 16 Development of this State. 17 * * * 18 (dr req 23-0091 – draft 7.2) Page 12 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 * * * Subdivisions * * * 1 Sec. 7. 24 V.S.A. § 4463 is amended to read: 2 § 4463. SUBDIVISION REVIEW 3 (a) Approval of plats. Before any a plat for a subdivision is approved, a 4 public hearing on the plat shall may be held by the appropriate municipal panel 5 after public notice. A bylaw may provide for when a public hearing is 6 required. A copy of the notice shall be sent to the clerk of an adjacent 7 municipality, in the case of a plat located within 500 feet of a municipal 8 boundary, at least 15 days prior to the public hearing. 9 (b) Plat; record. The approval of the appropriate municipal panel or 10 administrative officer, if the bylaws provide for their approval of subdivisions, 11 shall expire 180 days from that approval or certification unless, within that 12 180-day period, that plat shall have been duly filed or recorded in the office of 13 the clerk of the municipality. After an approved plat or certification by the 14 clerk is filed, no expiration of that approval or certification shall be applicable. 15 (1) The bylaw may allow the administrative officer to extend the date 16 for filing the plat by an additional 90 days, if final local or State permits or 17 approvals are still pending. 18 (2) No plat showing a new street or highway may be filed or recorded in 19 the office of the clerk of the municipality until it has been approved by the 20 appropriate municipal panel, or administrative officer if allowed under the 21 (dr req 23-0091 – draft 7.2) Page 13 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 bylaws, pursuant to subsection (a) of this section, and that approval is endorsed 1 in writing on the plat, or the certificate of the clerk of the municipality showing 2 the failure of the appropriate municipal panel to take action within the 45-day 3 period is attached to the plat and filed or recorded with the plat. After that 4 filing or recording, the plat shall be a part of the official map of the 5 municipality. 6 * * * 7 Sec. 8. 24 V.S.A. § 4418 is amended to read: 8 § 4418. SUBDIVISION BYLAWS 9 * * * 10 (2) Subdivision bylaws may include: 11 (A) Provisions provisions allowing the appropriate municipal panel 12 to waive or modify, subject to appropriate conditions, the provision of any or 13 all improvements and requirements as in its judgment of the special 14 circumstances of a particular plat or plats are not requisite in the interest of the 15 public health, safety, and general welfare, or are inappropriate because of 16 inadequacy or lack of connecting facilities adjacent or in proximity to the 17 subdivision.; 18 (B) Procedures procedures for conceptual, preliminary, partial, and 19 other reviews preceding submission of a subdivision plat, including any 20 administrative reviews.; 21 (dr req 23-0091 – draft 7.2) Page 14 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 (C) Specific specific development standards to promote the 1 conservation of energy or to permit the utilization of renewable energy 2 resources, or both.; 3 (D) State standards and criteria under 10 V.S.A. § 6086(a).; and 4 (E) provisions to allow the administrative officer to approve 5 subdivisions. 6 * * * Appeals * * * 7 Sec. 9. 24 V.S.A. § 4471 is amended to read: 8 § 4471. APPEAL TO ENVIRONMENTAL DIVISION 9 * * * 10 (e) Neighborhood development area Designated areas. Notwithstanding 11 subsection (a) of this section, a determination by an appropriate municipal 12 panel that a residential development will not result in an undue adverse effect 13 on the character of the area affected shall not be subject to appeal if the 14 determination is that a proposed residential development seeking conditional 15 use approval under subdivision 4414(3) of this title is within a designated 16 downtown development district, designated growth center, designated Vermont 17 neighborhood, or designated neighborhood development area seeking 18 conditional use approval will not result in an undue adverse effect on the 19 character of the area affected under subdivision 4414(3) of this title. Other 20 (dr req 23-0091 – draft 7.2) Page 15 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 elements of the determination made by the appropriate municipal panel may be 1 appealed. 2 * * * By Right * * * 3 Sec. 10. 24 V.S.A. § 4464(b) is amended to read: 4 (b) Decisions. 5 * * * 6 (7)(A) A decision rendered by the appropriate municipal panel for a 7 housing development or the housing portion of a mixed-use development shall 8 not: 9 (i) require a larger lot size than the minimum as determined in the 10 municipal bylaws; 11 (ii) require more parking spaces than the minimum as determined 12 in the municipal bylaws and in section 4414 of this title; 13 (iii) limit the building size to less than that allowed in the 14 municipal bylaws, including reducing the building footprint or height; 15 (iv) limit the density of dwelling units to below that allowed in the 16 municipal bylaws; and 17 (v) otherwise disallow a development to abide by the minimum or 18 maximum applicable municipal standards; 19 (dr req 23-0091 – draft 7.2) Page 16 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 (B) However, a decision may require adjustments to the applicable 1 municipal standards listed in subdivision (A) of this subdivision (b)(7) if the 2 panel or officer issues a written finding stating: 3 (i) why the modification is necessary to comply with a 4 prerequisite State or federal permit, municipal permit, or a nondiscretionary 5 standard in a bylaw or ordinance, including requirements related to wetlands, 6 setbacks, and flood hazard areas and river corridors; and 7 (ii) how the identified restrictions do not result in an unequal 8 treatment of housing or an unreasonable exclusion of housing development 9 otherwise allowed by the bylaws. 10 Sec. 11. 24 V.S.A. § 4348a is amended to read: 11 § 4348a. ELEMENTS OF A REGIONAL PLAN 12 (a) A regional plan shall be consistent with the goals established in section 13 4302 of this title and shall include the following: 14 * * * 15 (9) A housing element that identifies the regional and community-level 16 need for housing for all economic groups in the region and communities that 17 will result in an adequate supply of building code and energy code compliant 18 homes where most households spend no more than 30 percent of their income 19 on housing and no more than 15 percent on transportation. To establish 20 housing needs, the Department of Housing and Community Development shall 21 (dr req 23-0091 – draft 7.2) Page 17 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 publish statewide and regional housing targets or ranges as part of the 1 Statewide Housing Needs Assessment. In establishing the identified need, due 2 consideration shall be given to The regional planning commission shall consult 3 the Statewide Housing Needs Assessment; current and expected demographic 4 data; the current location, quality, types and cost of housing; other local studies 5 related to housing needs; and data gathered pursuant to subsection 4382(c) of 6 this title. If no such data has been gathered, the regional planning commission 7 shall gather it. The regional planning commission’s assessment shall estimate 8 the total needed housing investments in terms of price; quality; unit size or 9 type; zoning district as applicable; and shall disaggregate regional housing 10 targets or ranges by municipality. The housing element shall include a set of 11 recommended actions to satisfy the established needs. 12 * * * 13 Sec. 12. 24 V.S.A. § 4382 is amended to read: 14 § 4382. THE PLAN FOR A MUNICIPALITY 15 (a) A plan for a municipality may shall be consistent with the goals 16 established in section 4302 of this title and compatible with approved plans of 17 other municipalities in the region and with the regional plan and shall include 18 the following: 19 * * * 20 (dr req 23-0091 – draft 7.2) Page 18 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 (10) A housing element that shall include a recommended program for 1 addressing low and moderate income persons’ public and private actions to 2 address housing needs as identified by the regional planning commission 3 pursuant to subdivision 4348a(a)(9) of this title. The program should include 4 specific actions to address low and moderate income persons’ housing needs 5 and account for permitted accessory dwelling units, as defined in subdivision 6 4412(1)(E) of this title, which provide affordable housing as well as any 7 material impact of short term rental units. 8 * * * Energy Codes * * * 9 Sec. 13. 24 V.S.A. § 3101(a) is amended to read: 10 (a) The mayor and board of aldermen of a city, the selectboard of a town, 11 or the trustees of an incorporated village, may, in accordance with this chapter, 12 establish codes and regulations for the construction, maintenance, repair, and 13 alteration of buildings and other structures within the municipality. Such 14 codes and regulations may include provisions relating to building materials, 15 structural design, passageways, stairways and exits, heating systems, fire 16 protection procedures, and such other matters as may be reasonably necessary 17 for the health, safety, and welfare of the public, but excluding electrical 18 installations subject to regulation under 26 V.S.A. chapter 15. Any energy 19 codes and regulations adopted after July 1, 2023 shall not be more restrictive 20 than the Residential Building Energy Standards or the stretch code adopted 21 (dr req 23-0091 – draft 7.2) Page 19 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 under 30 V.S.A. § 51 or the Commercial Building Energy Standards adopted 1 under 30 V.S.A. § 53, except where enabled by a municipal charter. 2 Municipalities may enact more stringent local residential building energy 3 standards only for homes that are larger than 1,800 square feet per unit if the 4 municipality receives approval by the Department of Public Service that the 5 municipality followed 30 V.S.A. § 51(c)(1) and (2). Municipalities may enact 6 more stringent local commercial building energy standards only for homes that 7 are larger than 1,800 square feet per unit, if the municipality receives approval 8 by the Public Service Department that the municipality followed 30 V.S.A. § 9 53(c)(1) and (2). 10 Sec. 14. APPROPRIATION 11 The sum of $750,000.00 is appropriated in fiscal year 2024 from the 12 General Fund to the Municipal and Regional Planning Fund. 13 Sec. 15. HOUSING RESOURCE NAVIGATOR FOR REGIONAL 14 PLANNING COMMISSIONS 15 (a) The Vermont Association of Planning and Development Agencies shall 16 hire Housing Resource Navigators, to work with municipalities, local housing 17 organizations and private developers to identify housing opportunities, match 18 communities with funding resources, and provide project management support. 19 (dr req 23-0091 – draft 7.2) Page 20 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 (b) There is appropriated the sum of $300,000.00 in fiscal year 2024 to the 1 Vermont Association of Planning and Development Agencies for the purpose 2 of hiring the Housing Navigators as described in subsection (a) of this section. 3 * * * Act 250* * * 4 Sec. 16. 10 V.S.A. § 6001 is amended to read: 5 § 6001. DEFINITIONS 6 * * * 7 (3)(A) “Development” means each of the following: 8 * * * 9 (iv) The construction of housing projects such as cooperatives, 10 condominiums, or dwellings, or construction or maintenance of mobile homes 11 or mobile home parks, with 10 25 or more units, constructed or maintained on 12 a tract or tracts of land, owned or controlled by a person, within a radius of five 13 miles of any point on any involved land and within any continuous period of 14 five years. However: 15 (I) A priority housing project shall constitute a development 16 under this subdivision (iv) only if the number of housing units in the project is: 17 (aa) [Repealed.] 18 (bb) [Repealed.] 19 (cc) 75 or more, in a municipality with a population of 6,000 20 or more but less than 10,000. 21 (dr req 23-0091 – draft 7.2) Page 21 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 (dd) 50 or more, in a municipality with a population of less 1 than 6,000. 2 (ee) [Repealed.] 3 * * * 4 (ix) Notwithstanding subdivision (iv) of this subdivision (3)(A), 5 the construction of improvements in a designated downtown, village center, 6 and designated neighborhood development area for a housing project or 7 mixed-use development, with 25 or more units, constructed or maintained on a 8 tract or tracts of land, owned or controlled by a person. 9 * * * 10 (D) The word “development” does not include: 11 * * * 12 (viii)(I) The construction of a priority housing project in a 13 municipality with a population of 10,000 or more. 14 * * * 15 (19)(A) “Subdivision” means each of the following: 16 * * * 17 (iv) A tract or tracts of land, owned or controlled by a person, that 18 the person has partitioned or divided for the purpose of resale into 15 or more 19 lots located within a designated downtown, village center, and designated 20 neighborhood development area. 21 (dr req 23-0091 – draft 7.2) Page 22 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 * * * 1 (35) “Priority housing project” means a discrete project located on a 2 single tract or multiple contiguous tracts of land that consists exclusively of 3 mixed income housing or mixed use, or any combination thereof, and is 4 located entirely within a designated downtown development district, 5 designated new town center, designated village center that has permanent 6 zoning and subdivision bylaws, designated growth center, or designated 7 neighborhood development area under 24 V.S.A. chapter 76A. 8 Sec. 17. 10 V.S.A. § 6081(p) is amended to read: 9 (p) No permit or permit amendment is required for a priority housing 10 project in a designated center if the project remains below any applicable 11 jurisdictional threshold specified in subdivision 6001(3)(A)(iv)(I) of this title. 12 * * * Act 250 Release from Jurisdiction for Commercial to Residential * * * 13 TWO OPTIONS 14 Sec. 17a. 10 V.S.A. § 6081 is amended to read: 15 § 6081. PERMITS REQUIRED; EXEMPTIONS 16 * * * 17 (y) No permit amendment is required for the construction of improvements 18 for less than 24 units of housing. 19 Sec. 17b. 10 V.S.A. § 6090 is amended to read: 20 § 6090. RECORDING; DURATION AND REVOCATION OF PERMITS 21 (dr req 23-0091 – draft 7.2) Page 23 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 * * * 1 (c) Change to nonjurisdictional use; release from permit. 2 (1) On an application signed by each permittee, the District Commission 3 may release land subject to a permit under this chapter from the obligations of 4 that permit and the obligation to obtain amendments to the permit and from 5 jurisdiction under this chapter on finding each of the following: 6 (A) The use of the land as of the date of the application is not the 7 same as the use of the land that caused the obligation to obtain a permit under 8 this chapter. 9 (B) The use of the land as of the date of the application is for less 10 than 20 units of housing and would not require a permit or permit amendment 11 but for the fact that the land is already subject to a permit under this chapter. 12 (C) The permittee or permittees are in compliance with the permit 13 and their obligations under this chapter. 14 (2) It shall be a condition of each affirmative decision under this 15 subsection that a subsequent proposal of a development or subdivision on the 16 land to which the decision applies shall be subject to this chapter as if the land 17 had never previously received a permit under the chapter. 18 (3) An application for a decision under this subsection shall be made on 19 a form prescribed by the Board. The form shall require evidence 20 demonstrating that the application complies with subdivisions (1)(A) through 21 (dr req 23-0091 – draft 7.2) Page 24 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 (C) of this subsection. The application shall be processed in the manner 1 described in section 6084 of this title and may be treated as a minor application 2 under that section. In addition to those required to be notified under section 3 6084, the District Commission shall send notice at the same time to all other 4 parties to the permit and to all current adjacent landowners. 5 * * * Covenants * * * 6 Sec. 18. 27 V.S.A. § 545 is amended to read: 7 § 545. COVENANTS, CONDITIONS, AND RESTRICTIONS OF 8 SUBSTANTIAL PUBLIC INTEREST 9 (a) Deed restrictions, covenants, or similar binding agreements added after 10 March 1, 2021 that prohibit or have the effect of prohibiting land development 11 allowed under 24 V.S.A. § 4412(1)(E) and (2)(A) shall not be valid. 12 (b) Deed restrictions or covenants added after July 1, 2023 shall not be 13 valid if they require a minimum dwelling unit size on the property or more 14 than one parking space per dwelling unit. 15 (c) This section shall not affect the enforceability of any property interest 16 held in whole or in part by a qualified organization or State agency as defined 17 in 10 V.S.A. § 6301a, including any restrictive easements, such as 18 conservation easements and historic preservation rights and interests defined in 19 10 V.S.A. § 822. This section shall not affect the enforceability of any 20 property interest that is restricted by a housing subsidy covenant as defined by 21 (dr req 23-0091 – draft 7.2) Page 25 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 section 610 of this title and held in whole or in part by an eligible applicant as 1 defined in 10 V.S.A. § 303(4) or the Vermont Housing Finance Agency. 2 * * * Road Disclosure * * * 3 Sec. 19. 27 V.S.A. § 617 is added to read: 4 § 617. DISCLOSURE OF CLASS 4 ROAD 5 (a) Disclosure of maintenance on class 4 highway. Any property owner 6 who sells property located on a class 4 highway or legal trail shall disclose to 7 the buyer that the municipality is not required to maintain the highway or trail 8 as described in 19 V.S.A. § 310. 9 (b) Marketability of title. Noncompliance with the requirements of this 10 section shall not affect the marketability of title of a property. 11 * * * Grand List * * * 12 Sec. 20. 32 V.S.A. § 4152(a)(3) is amended to read: 13 (3) A brief description of each parcel of taxable real estate in the town. 14 “Parcel” means all contiguous land in the same ownership, together with all 15 improvements thereon, including the number of residential dwelling units. 16 * * * Wastewater Connection Permits * * * 17 Sec. 21. 10 V.S.A. § 1974 is amended to read: 18 § 1974. EXEMPTIONS 19 Notwithstanding any other requirements of this chapter, the following 20 projects and actions are exempt: 21 (dr req 23-0091 – draft 7.2) Page 26 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 * * * 1 (9) A project completed by a person who receives an authorization from 2 a municipality that administers a program registered with the Secretary 3 pursuant to section 1983 of this title. 4 Sec. 22. 10 V.S.A. § 1983 is added to read: 5 § 1983. AUTHORIZATION FOR MUNICIPAL WASTEWATER SYSTEM 6 AND POTABLE WATER SUPPLY CONNECTIONS 7 (a) A municipality may issue an authorization for a connection or an 8 existing connection with a change in use to the municipal sanitary sewer 9 collection line via a sanitary sewer service line or a connection to a water main 10 via a new water service line in lieu of permits issued under this chapter, 11 provided that the municipality documents the following in a form prescribed 12 by the Secretary: 13 (1) The municipality owns or has legal control over connections to a 14 public community water system permitted pursuant to chapter 56 of this title 15 and over connections to a wastewater treatment facility permitted pursuant to 16 chapter 47 of this title. 17 (2) The municipality shall only issue authorizations for: 18 (A) a sanitary sewer service line that connects to the sanitary sewer 19 collection line; and 20 (B) a water service line that connects to the water main. 21 (dr req 23-0091 – draft 7.2) Page 27 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 (3) The building or structure authorized under this section connects to 1 both the sanitary sewer collection line and public community water system. 2 (4) The authorizations from the municipality comply with the technical 3 standards for sanitary sewer service lines and water service lines in the 4 Wastewater System and Potable Water Supply Rules. 5 (5) The municipality requires documentation issued by a professional 6 engineer or licensed designer that is filed in the land records that the 7 connection authorized by the municipality was installed in accordance with the 8 technical standards. 9 (6) The municipality requires the authorization to be filed in the land 10 records. 11 (7) The municipality requires the retention of plans that show the 12 location and design of authorized connections. 13 (b) The municipality shall notify the Secretary 30 days in advance of 14 terminating any authorization. The municipality shall provide all 15 authorizations and plans to the Secretary as a part of this termination notice. 16 (c) A municipality issuing an authorization under this section shall require 17 the person to whom the authorization is issued to post notice of the 18 authorization as part of the notice required for a permit issued under 24 V.S.A. 19 § 4449 or other bylaw authorized under this chapter. 20 (dr req 23-0091 – draft 7.2) Page 28 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 * * * ADU Jurisdiction * * * 1 Sec. 23. 20 V.S.A. § 2730 is amended to read: 2 § 2730. DEFINITIONS 3 (a) As used in this subchapter, “public building” means: 4 * * * 5 (F) a building owned or occupied by the State of Vermont, a county, 6 a municipality, a village, or any public entity, including a school or fire 7 district; or 8 (G)(i) a building in which two or more persons are employed, or 9 occasionally enter as part of their employment, and where the associated 10 extraction of plant botanicals utilizing flammable, volatile, or otherwise 11 unstable liquids, pressurized gases, or other substances capable of combusting 12 or whose properties would readily support combustion or pose a deflagration 13 hazard; and 14 (ii) notwithstanding subdivision (b)(3) of this section, a building on a 15 working farm or farms that meets the criteria of subdivision (G)(i) of this 16 subsection (a) is a “public building.”; or 17 (H) an accessory dwelling unit as permitted under 24 V.S.A. 18 § 4412(1)(E); 19 (2)(A) Use Except as provided in subdivision (B) of this subdivision 20 (a)(2), use of any portion of a building in a manner described in this subsection 21 (dr req 23-0091 – draft 7.2) Page 29 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 (a) shall make the entire building a “public building” for purposes of this 1 subsection. 2 (B) As used in this subsection (a), in a building that includes both an 3 owner-occupied single-family dwelling unit and an accessory dwelling unit, 4 only the accessory dwelling unit shall be considered a public building unless 5 the single-family residence is used for a purpose described in subdivision (1) 6 of this subsection (a). 7 (C) For purposes of As used in this subsection (a), a “person” does 8 not include an individual who is directly related to the employer and who 9 resides in the employment-related building. 10 (b) The term “public building” does not include: 11 * * * 12 (4) A single family residence with an accessory dwelling unit as 13 permitted under 24 V.S.A. § 4412(1)(E). 14 * * * 15 [Alternative Language Proposed by Division of Fire Safety] 16 Sec. 23. 20 V.S.A. § 2730 is amended to read: 17 § 2730. DEFINITIONS 18 (a) As used in this subchapter, “public building” means: 19 (dr req 23-0091 – draft 7.2) Page 30 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 (1)(A) a building owned or occupied by a public utility, hospital, school, 1 house of worship, convalescent center or home for elders or persons who have 2 an infirmity or a disability, nursery, kindergarten, or child care; 3 * * * 4 (D) a building in which people rent accommodations, whether 5 overnight or for a longer term; 6 * * * 7 (b) The term “public building” does not include: 8 (1) An owner-occupied single family single-family residence, unless 9 used for a purpose described in subsection (a) of this section. 10 * * * 11 (4) A single family An owner-occupied single-family residence with an 12 accessory dwelling unit as permitted under 24 V.S.A. § 4412(1)(E), unless 13 used for the purpose described in subdivision (1)(D) of subsection (a) of this 14 section. 15 * * * 16 * * *Enforcement * * * 17 Sec. 24. HUMAN RIGHTS COMMISSION; POSITION; APPROPRIATION 18 (a) One new full-time, exempt litigator position is created in the Human 19 Rights Commission. 20 (dr req 23-0091 – draft 7.2) Page 31 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 (b) In fiscal year 2024, $120,000.00 is appropriated from the General Fund 1 to the Human Rights Commission for personal services related to the new 2 litigator position. 3 Sec. 25. [Reserved.] 4 Sec. 26. 9 V.S.A. § 4507 is amended to read: 5 § 4507. CRIMINAL PENALTY 6 A person who violates a provision of this chapter shall be fined not more 7 than $1,000.00 $10,000.00 per violation. 8 * * * Building Safety * * * 9 Sec. 27. VERMONT FIRE AND BUILDING SAFETY CODE; POTENTIAL 10 REVISIONS; REPORT 11 (a) On or before January 15, 2024, the Executive Director of the Division 12 of Fire Safety shall submit a written report to the General Assembly that 13 (dr req 23-0091 – draft 7.2) Page 32 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 identifies and examines provisions from other jurisdictions’ fire and life safety 1 codes for residential buildings that: 2 (1) would facilitate in Vermont: 3 (A) the increased construction of new residential units; 4 (B) the conversion of existing space into new residential units; or 5 (C) both; and 6 (2) could be incorporated into the Vermont Fire and Building Safety 7 Code. 8 (b) The report shall include recommendations for any legislative action 9 necessary to enable the identified provisions to be incorporated into Vermont’s 10 Fire and Building Safety Code. 11 * * * Single-Room Occupancy * * * 12 Sec. 28. SINGLE-ROOM OCCUPANCY 13 Of the amounts available from State funds and federal COVID-19 relief 14 funds, it is the intent of the General Assembly to appropriate funding to the 15 Department of Housing and Community Development to design and 16 implement a pilot program to provide matching funds for the new development 17 or redevelopment of single-room occupancy facilities. 18 * * Risk Mitigation Pool * * * 19 Sec. 29. RISK POOL FUNDING 20 (dr req 23-0091 – draft 7.2) Page 33 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 Of the amounts available from State funds and federal COVID-19 relief 1 funds, it is the intent of the General Assembly: 2 (1) to appropriate funding to the Agency of Human Services to provide 3 additional support for housing risk pools and housing mitigation funds; and 4 (2) to appropriate $1,500,000 to the Department of Housing and 5 Community Development to provide funding on behalf of tenants for rental 6 arrears and prevent eviction for nonpayment of rent if such funding will 7 preserve a tenancy. 8 * * * Employer Housing Partnership * * * 9 Sec. 30. [Reserved.] 10 * * * Conversion of Commercial Properties to Residential Use * * * 11 Sec. 31. [Reserved.] 12 * * * HomeShare * * * 13 Sec. 32. HOMESHARING OPPORTUNITIES; APPROPRIATION 14 In fiscal year 2024 the amount of $200,000.00 is appropriated from the 15 General Fund to the Department of Housing and Community Development 16 funding to expand home-sharing opportunities and positions serving central 17 and southern Vermont. 18 * * * Mobile Homes and Mobile Home Parks * * * 19 Sec. 33. MOBILE HOMES; MOBILE HOME PARKS; APPROPRIATION 20 (dr req 23-0091 – draft 7.2) Page 34 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 (a) In fiscal year 2024 the amount of $500,000.00 is appropriated from the 1 General Fund to the Department of Housing and Community Development to 2 to provide financial support for home repair, home improvement, housing 3 transition, park infrastructure, legal assistance, and technical assistance. 4 (b) On or before January 15, 2024, the Department of Housing and 5 Community Development, in collaboration with the Central Vermont Office of 6 Economic Opportunity, shall study and report to the General Assembly how to 7 incorporate the considerations and needs of mobile home owners and mobile 8 home parks, including infrastructure and habitably enhancements, into all 9 existing State housing programs. 10 * * * Vermont Housing Finance Agency * * * 11 Sec. 34. FIRST GENERATION HOMEBUYER; APPROPRIATION 12 In fiscal year 2024 the amount of $1,000,000.00 is appropriated from the 13 General Fund to the Vermont Housing Finance Agency for grants through the 14 First Generation Homebuyer Program. 15 * * * Missing Middle-Income Homeownership 16 Development Program * * * 17 Sec. 35. 2022 Acts and Resolves No. 182, Sec. 11 is repealed. 18 Sec. 36. 10 V.S.A. § 629 is added to read: 19 § 629. MISSING MIDDLE-INCOME HOMEOWNERSHIP 20 (dr req 23-0091 – draft 7.2) Page 35 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 DEVELOPMENT PROGRAM 1 (a) The Vermont Housing Finance Agency shall establish a Missing 2 Middle-Income Homeownership Development Program pursuant to this 3 section. 4 (b) As used in this section: 5 (1) “Affordable owner-occupied housing” means owner-occupied 6 housing identified in 26 U.S.C. § 143(c)(1) or that qualifies under Vermont 7 Housing Finance Agency criteria governing owner-occupied housing. 8 (2) “Income-eligible homebuyer” means a Vermont household with 9 annual income that does not exceed 120 percent of area median income. 10 (c) The Agency shall use the funds appropriated in this section to provide 11 subsidies for new construction or acquisition and substantial rehabilitation of 12 affordable owner-occupied housing for purchase by income-eligible 13 homebuyers. 14 (d) The total amount of subsidies for a project shall not exceed 35 percent 15 of eligible development costs, as determined by the Agency, which the Agency 16 may allocate consistent with the following: 17 (1) Developer subsidy. The Agency may provide a direct subsidy to the 18 developer, which shall not exceed the difference between the cost of 19 development and the market value of the home as completed. 20 (dr req 23-0091 – draft 7.2) Page 36 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 (2) Affordability subsidy. Of any remaining amounts available for the 1 project after the developer subsidy, the Agency may provide a subsidy for the 2 benefit of the homebuyer to reduce the cost of purchasing the home, provided 3 that: 4 (A) the Agency includes conditions in the subsidy, or uses another 5 legal mechanism, to ensure that, to the extent the home value has risen, the 6 amount of the subsidy remains with the home to offset the cost to future 7 homebuyers; or 8 (B) the subsidy is subject to a housing subsidy covenant, as defined 9 in 27 V.S.A. § 610, that preserves the affordability of the home for a period of 10 99 years or longer. 11 (3) The Agency shall allocate not less than 33 percent of the funds 12 available through the Program to projects that include a housing subsidy 13 covenant consistent with subdivision (2)(B) of this subsection. 14 (e) The Agency shall adopt a Program plan that establishes application and 15 selection criteria, including: 16 (1) project location; 17 (2) geographic distribution; 18 (3) leveraging of other programs; 19 (4) housing market needs; 20 (dr req 23-0091 – draft 7.2) Page 37 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 (5) project characteristics, including whether the project includes the use 1 of existing housing as part of a community revitalization plan; 2 (6) construction standards, including considerations for size; 3 (7) priority for plans with deeper affordability and longer duration of 4 affordability requirements; 5 (8) sponsor characteristics; 6 (9) energy efficiency of the development; and 7 (10) historic nature of the project. 8 (f)(1) When designing and implementing the program, the Agency shall 9 consult experts in the field and stakeholders to inform the design of the 10 program. 11 (2) The program shall include a streamlined and minimal application 12 process for applicants to apply. 13 (3) The program design shall establish: 14 (A) an outreach and education plan including specific tactics to reach 15 and support eligible applicants, especially those from underserved regions or 16 sectors; 17 (B) an equitable system for distributing grants statewide on the basis 18 of need according to a system of priorities, including: 19 (i) geographic location; 20 (ii) community size; and 21 (dr req 23-0091 – draft 7.2) Page 38 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 (iii) whether an application has already received a grant or is from 1 an applicant in a community that has already received Program funding. 2 (4) The Agency shall use its best efforts to assure: 3 (A) that grant funds awarded are targeted to the geographic 4 communities or regions with the most pressing economic and employment 5 needs; and 6 (B) that the allocation of grant funds provides equitable access to the 7 benefits to all eligible geographical areas. 8 (g) The Agency may assign its rights under any investment or subsidy made 9 under this section to the Vermont Housing and Conservation Board or any 10 State agency or nonprofit organization qualifying under 26 U.S.C. § 501(c)(3), 11 provided such assignee acknowledges and agrees to comply with the 12 provisions of this section. 13 (h) The Department shall report to the House Committee on General, 14 Housing, and Military Affairs and Senate Committee on Economic 15 Development, Housing and General Affairs on the status of the Program 16 annually, on or before January 15. 17 Sec. 37. MISSING MIDDLE-INCOME HOMEOWNERSHIP; 18 APPROPRIATION 19 (dr req 23-0091 – draft 7.2) Page 39 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 In fiscal year 2024 the amount of $5,000,000.00 is appropriated from the 1 General Fund to the Vermont Housing Finance Agency for the Missing 2 Middle-Income Homeownership Development Program. 3 * * * Middle-Income Rental Housing Revolving Loan Program * * * 4 Sec. 38. 10 V.S.A. § 629a is added to read: 5 § 629A. MIDDLE-INCOME RENTAL HOUSING REVOLVING LOAN 6 PROGRAM 7 (a) Creation; administration. The Agency shall design and implement the 8 Middle-Income Rental Housing Revolving Loan Program and shall create and 9 administer a revolving loan fund to provide subsidized loans for rental housing 10 developments that serve middle-income households. 11 (b) Loans; eligibility; criteria. 12 (1) The Agency shall adopt processes, procedures, and guidelines to 13 implement the Program consistent with this section, including a simple 14 application process that is accessible to small developers, builders, and 15 contractors. 16 (2) To be eligible for a subsidized loan through the Program, a project 17 shall create two or more new rental housing units, which may include market 18 rate and affordable units, provided that at least 25 percent of the units in the 19 project are affordable to a household earning between 65 and 120 percent of 20 the applicable area median income. Projects may include new construction, 21 (dr req 23-0091 – draft 7.2) Page 40 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 acquisition with substantial rehabilitation, and preservation of naturally 1 occurring affordable housing. 2 (3) A loan is available only for the costs of the project allocable to the 3 affordable units. 4 (4) The Agency shall calculate the maximum amount of a loan, which 5 shall not exceed the lesser of: 6 (A) 35 percent of the costs of the project allocable to the affordable 7 units; or 8 (B) the following amounts based on area median income bands: 9 (i) $125,000.00 per unit for each unit that is affordable to a 10 household earning between 65 and 80 percent of area median income; and 11 (ii) $100,000.00 per unit for each unit that is affordable to a 12 household earning between 81 and 120 percent of area median income. 13 (5) The Agency shall determine the term and interest rate of a loan. The 14 Agency may adopt one or more mechanisms to provide an enhanced subsidy to 15 incentivize projects, including: 16 (A) a lower interest rate; 17 (B) an interest-only option with deferred principal repayment; and 18 (C) partial loan forgiveness. 19 (6) The Agency shall adopt a Program plan that allows for an enhanced 20 subsidy for a project that meets one or more of the following: 21 (dr req 23-0091 – draft 7.2) Page 41 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 (A) The project receives five percent or more of the total funding 1 from an employer or employer-capitalized loan or grant. 2 (B) The project receives five percent or more of the total funding 3 from a municipal or regional housing fund, local or State fiscal recovery fund, 4 or other form of direct government affordable housing investment. 5 (C) The project utilizes tax-exempt bond funding or federal low-6 income housing tax credits for at least 20 percent of the project’s total units. 7 (D) The project is small in scale and provides infill development 8 within a historic settlement pattern. 9 (7) The Agency shall use one or more legal mechanisms to ensure that a 10 subsidized unit remains affordable to a household earning the applicable 11 percent of area median income for the longer of seven years or full repayment 12 of the loan. 13 (c) Program design. 14 (1) When designing and implementing the program, the Agency shall 15 consult experts in the field and stakeholders to inform the design of the 16 program. 17 (2) The program shall include a streamlined and minimal application 18 process for applicants to apply. 19 (3) The program design shall establish: 20 (dr req 23-0091 – draft 7.2) Page 42 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 (A) an outreach and education plan including specific tactics to reach 1 and support eligible applicants, especially those from underserved regions or 2 sectors; 3 (B) an equitable system for distributing grants statewide on the basis 4 of need according to a system of priorities, including: 5 (i) geographic location; 6 (ii) community size; and 7 (iii) whether an application has already received a grant or is from 8 an applicant in a community that has already received Program funding. 9 (4) The Agency shall use its best efforts to assure: 10 (A) that grant funds awarded are targeted to the geographic 11 communities or regions with the most pressing economic and employment 12 needs; and 13 (B) that the allocation of grant funds provides equitable access to the 14 benefits to all eligible geographical areas. 15 (d) Revolving funds; costs of administration. 16 (1) The Agency may use not more than six percent of Program funds for 17 the costs of administration. 18 (2) The Agency shall retain payments of principal, interest, and any fees 19 in a revolving loan fund, the amounts of which it shall use to issue future loans 20 through the Program. 21 (dr req 23-0091 – draft 7.2) Page 43 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 Sec. 39. MIDDLE-INCOME RENTAL HOUSING; APPROPRIATION 1 In fiscal year 2024 the amount of $15,000,000.00 is appropriated from the 2 General Fund to the Vermont Housing Finance Agency to implement the 3 Middle-Income Rental Housing Revolving Loan Program created in 10 V.S.A. 4 § 629. 5 * * * Vermont Rental Housing Improvement Program * * * 6 Sec. 40. 10 V.S.A. § 699 is amended to read: 7 § 699. VERMONT RENTAL HOUSING IMPROVEMENT PROGRAM 8 (a) Creation of Program. 9 (1) The Department of Housing and Community Development shall 10 design and implement the Vermont Rental Housing Improvement Program, 11 through which the Department shall award funding to statewide or regional 12 nonprofit housing organizations, or both, to provide competitive grants and 13 forgivable loans to private landlords for the rehabilitation, including 14 weatherization, of eligible rental housing units. 15 (2) The Department shall develop statewide standards for the Program, 16 including factors that partner organizations shall use to evaluate applications 17 and award grants and forgivable loans. 18 (3) A landlord shall not offer unit created through the Program as a 19 short-term rental, as defined in 18 V.S.A. § 4301. 20 (dr req 23-0091 – draft 7.2) Page 44 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 (b) Eligible rental housing units. The following units are eligible for a grant 1 or forgivable loan through the Program: 2 (1) Non-code compliant. The unit does not comply with the requirements 3 of applicable building, housing, or health laws. 4 (2) New accessory dwelling. The unit will be a newly created accessory 5 dwelling unit that meets the requirements of 24 V.S.A. § 4412(1)(E). 6 (c) Administration. The Department shall require a housing organization 7 that receives funding under the Program to adopt: 8 (1) a standard application form that describes the application process and 9 includes instructions and examples to help landlords apply; 10 (2) an award process that ensures equitable selection of landlords, 11 subject to a housing organization’s exercise of discretion based on the factors 12 adopted by the Department pursuant to subsection (a) of this section; and 13 (3) a grant and loan management system that ensures accountability for 14 funds awarded. 15 (d) Program requirements applicable to grants and forgivable loans. 16 (1) A grant or loan shall not exceed $50,000.00 per unit. In determining 17 the amount of a grant or loan, a housing organization shall consider the number 18 of bedrooms in the unit and whether the unit is being rehabilitated or newly 19 created. 20 (dr req 23-0091 – draft 7.2) Page 45 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 (2) A landlord shall contribute matching funds or in-kind services that 1 equal or exceed 20 percent of the value of the grant or loan. 2 (3) A project may include a weatherization component. 3 (4) A project shall comply with applicable building, housing, and health 4 laws. 5 (5) The terms and conditions of a grant or loan agreement apply to the 6 original recipient and to a successor in interest for the period the grant or loan 7 agreement is in effect. 8 (6) The identity of a recipient and the amount of a grant or forgivable 9 loan are public records that shall be available for public copying and inspection 10 and the Department shall publish this information at least quarterly on its 11 website. 12 (e) Program requirements applicable to grants. For a grant awarded under 13 subdivision (b)(1) of this section for a unit that is non-code compliant, the 14 following requirements apply for a minimum period of five years: 15 (1) A landlord shall coordinate with nonprofit housing partners and local 16 coordinated entry organizations to identify potential tenants. 17 (2)(A) Except as provided in subdivision (2)(B) of this subsection (e), a 18 landlord shall lease the unit to a household that is exiting homelessness or 19 actively working with an immigrant or refugee resettlement program. 20 (dr req 23-0091 – draft 7.2) Page 46 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 (B) If, upon petition of the landlord, the Department or the housing 1 organization that issued the grant determines that a household exiting 2 homelessness is not available to lease the unit, then the landlord shall lease the 3 unit: 4 (i) to a household with an income equal to or less than 80 percent 5 of area median income; or 6 (ii) if such a household is unavailable, to another household with 7 the approval of the Department or housing organization. 8 (3)(A) A landlord shall accept any housing vouchers that are available to 9 pay all, or a portion of, the tenant’s rent and utilities. 10 (B) If no housing voucher or federal or State subsidy is available, the 11 total cost of rent for the unit, including utilities not covered by rent payments, 12 shall not exceed the applicable fair market rent established by the Department 13 of Housing and Urban Development. 14 (4)(A) A landlord may convert a grant to a forgivable loan upon approval 15 of the Department and the housing organization that approved the grant. 16 (B) A landlord who converts a grant to a forgivable loan shall receive 17 a 10-percent credit for loan forgiveness for each year in which the landlord 18 participates in the grant program. 19 (f) Requirements applicable to forgivable loans. For a forgivable loan 20 awarded under subdivision (b)(1) of this section for a unit that is non-code 21 (dr req 23-0091 – draft 7.2) Page 47 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 compliant, the following requirements apply for a minimum period of 10 1 years: 2 (1)(A) A landlord shall accept any housing vouchers that are available to 3 pay all, or a portion of, the tenant’s rent and utilities. 4 (B) If no housing voucher or federal or State subsidy is available, the 5 cost of rent for the unit, including utilities not covered by rent payments, shall 6 not exceed the applicable fair market rent established by the Department of 7 Housing and Urban Development. 8 (2) The Department shall forgive 10 percent of the amount of a 9 forgivable loan for each year a landlord participates in the loan program. 10 (g) Requirements for an accessory dwelling unit. 11 (1) For a grant or forgivable loan awarded under subdivision (b)(2) of 12 this section for a unit that is a new accessory dwelling unit,: 13 (1) the total cost of rent for the unit, including utilities not covered by 14 rent payments, shall not exceed the applicable fair market rent established by 15 the Department of Housing and Urban Development. 16 (2) A landlord shall not offer an accessory dwelling unit created through 17 the Program as a short-term rental, as defined in 18 V.S.A. § 4301. 18 (2) period of years for grants and for loans? 19 (3) requirement that dwelling unit to which ADU is subordinate remain 20 owner-occupied for a period of years? 21 (dr req 23-0091 – draft 7.2) Page 48 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 (h) Lien priority. A lien for a grant converted to a loan or for a forgivable 1 loan issued pursuant to this section is subordinate to: 2 (1) a lien on the property in existence at the time the lien for 3 rehabilitation and weatherization of the rental housing unit is filed in the land 4 records; and 5 (2) a first mortgage on the property that is refinanced and recorded after 6 the lien for rehabilitation and weatherization of the rental housing unit is filed 7 in the land records. 8 Sec. 41. VHIP; APPROPRIATION 9 In fiscal year 2024 the amount of $15,000,000.00 is appropriated from the 10 General Fund to the Department of Housing and Community Development for 11 the Vermont Rental Housing Improvement Program. 12 Sec. 42. VERMONT HOUSING & CONSERVATION BOARD; 13 APPROPRIATION 14 In fiscal year 2024 the amount of $15,000,000.00 is appropriated from the 15 General Fund to the Vermont Housing and Conservation Board to provide 16 affordable mixed-income income rental housing and homeownership units; 17 improvements to manufactured homes and communities; recovery residences; 18 and, if determined eligible, housing available to farm workers and refugees. 19 VHCB shall also use the funds for shelter and permanent homes for those 20 (dr req 23-0091 – draft 7.2) Page 49 of 49 2/13/2023 – DPH/EMC – 5:28 PM VT LEG #365241 v.7 experiencing homelessness in consultation with the Secretary of Human 1 Services. 2 * * * Effective Date * * * 3 Sec. 43. EFFECTIVE DATES 4 This act shall take effect on July 1, 2023, except that Secs. 1 (24 V.S.A. 5 § 4414), 2 (24 V.S.A. § 4412) except for subdivision (D), 3 (24 V.S.A. 6 § 4413), and 4 (24 V.S.A. § 4303) shall take effect on December 1, 2024. 7 From:Paul Conner To:Scott Moore Cc:Helen Riehle; Jessie Baker; kramhinsdale@leg.state.vt.us Subject:Omnibus Housing Bill; Requested 2/8 Testimony Follow-up Date:Wednesday, February 15, 2023 3:38:50 PM Dear Scott, Would you kindly share the message below with the members of the Senate Economic Development, Housing, and General Affairs Committee as the requested follow-up from South Burlington’s Testimony on February 8th? Paul ---------- Dear Senators, Thank you once again for providing Chair Riehle and myself the opportunity to testify before the Economic Development Housing and General Affairs Committee last week. We appreciate all of the hard work that is being done to address housing need on a Statewide basis. During our testimony, you asked for follow-up on a handful of items. Please find this information below, and of course we would welcome the opportunity to continue our dialogue on this critically important subject as the bill evolves, in whatever capacity is most useful to you. Water & Sewer Infrastructure. South Burlington has completed two significant wastewater infrastructure projects in the past 10-15 years. 1. Airport Parkway Wastewater Treatment Facility upgrade & expansion (serving South Burlington and Colchester): Total project cost $21,800,000 State/Federal Funds $5,395,000 (loan forgiveness) 2. Bartlett Bay Wastewater Treatment Facility / Hadley Road re-routing Total project cost $2,342,375 State/Federal Funds $514,504 (grants and loan forgiveness) Affordable Housing / Inclusion Zoning Density Bonuses South Burlington has adopted a city-wide requirement for Inclusionary Zoning. For all development involving 12 or more dwelling units, 10% (if ownership) or 15% (if rental) of the dwelling units must be permanently affordable. Incentives and offsets included in this program: Density Offset: For each ownership inclusionary unit required, developer is provided two (2) market rate units as additional density For each rental inclusionary unit required, developer is provided one (1) market rate unit as additional density Density Bonus: For each additional permanently affordable dwelling unit provided beyond minimum required, developer is provided an additional market rate unit. Density Offset and Density Bonus may be combined up to a 50% total bonus above base density of the zoning district Unit types: Any permanently affordable 3-bedroom dwelling unit counts as two (2) units for the purposes of meeting minimum required inclusionary units. Any permanently affordable 3- bedroom dwelling unit counts as three (3) units for the purposes of meeting minimums. Additional lot coverage is provided in certain zoning districts Parking minimums for ALL dwelling units have been reduced or eliminated. Under certain circumstances, a developer may provide land and/or off-site inclusionary dwelling units to fulfill their requirements. Next steps & Supplemental Testimony: We’ve been notified of an updated draft of the legislation that was published 2/14/23; thank you for your ongoing and diligent work. We are reviewing the draft and would welcome the opportunity to provide feedback and continue our dialogue with Legislators in the coming days and weeks. Regarding Thursday evening’s (2/16/2023) public input session, the City of South Burlington as an entity will not have a representative providing supplemental testimony. Instead we anticipate hosting a dialogue at our next regular City Council meeting (2/21/2023) and possibly having additional feedback via a designated point of contact subsequently. Individual members of our community may elect to participate at Thursday’s input session as residents and citizens subject to participation guidelines established by the Committee. Sincerely, Paul Paul Conner, AICP Director of Planning & Zoning City of South Burlington 180 Market Street, South Burlington, VT 05401 (802) 846-4106 www.sbvt.gov Notice - Under Vermont’s Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for 180 Market Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.SouthBurlingtonVT.gov To: Jessie Baker, City Manager From: Ilona Blanchard, Community Development Director Colin McNeil, City Attorney Subject: Garden Street project ROW purchase: 1270 Williston Road Date: February 16, 2023 Background: Since the late 70s the City has planned to improve the Midas Drive/White Street/Williston Road intersection. As part of the TIF District Plan, the intersection was incorporated into the Garden Street project. The intersection was studied and an option selected, with the proposed realignment recommendation being approved and incorporated into the project plans. Realignment – which comes with significant vehicular safety, traffic, and pedestrian and bicycle mobility benefits, requires the acquisition of the 1270 Williston Road property. Over the years, the City has had conversations off and on with the property owner representative, Bob Eddy, regarding acquisition of the property. In the fall of 2022, Mr. Eddy contacted the City to see if South Burlington was still interested in purchasing the property as the travel agency was terminating their lease. The City and Mr. Eddy met several times and ultimately settled on a purchase price of $535,000. A purchase and sale agreement contingent upon Council approval has been signed. Garden Street project costs are 100% TIF district financing eligible. Attachments: •Diagrams showing the property in the context of the Garden Street project Recommendation: That the City Council approve the purchase of 1270 Williston Road for $535,000 plus all related closing costs and authorize the City Manager to execute any and all documents on behalf of the City to complete the purchase. Existing Conditions with parcel highlighted Garden Street Project – Williston Road Intersections (parcel highlighted) 1270 Williston Road in yellow South Burlington Fire Department 575 Dorset Street South Burlington, VT 05403 (802) 846-4110 Fax (802) 846-4125 To: Jessie Baker, City Manager From: Steven A. Locke, Fire Chief CC: City Council RE: SAFER Grant Application Approval Date February 16, 2023 The Fire Department is requesting authorization to apply for the Staffing for Adequate Fire and Emergency Response (SAFER) grant program. Our proposal is for three additional firefighter positions which would add one more person to each shift. The SAFER grant program covers the entire salary and benefits costs of the employee for a period of three years. There would be an estimated additional cost for uniforms and protective clothing of $10,000 that could be found within the Department’s existing budget. It is anticipated grants will be awarded in the fall of 2023, so the City would not realize any additional personnel expense until the middle of FY27 when half a year of the costs would be included. If the City decided to continue to fund the positions, the full expense would need to be included in the FY28 budget. It is anticipated that expense would be approximately $300,000. Finally, if awarded the grant, there is a formal process in which the grant could either be accepted or declined, so approving the application submittal, does not bind the City to accepting the funds. One of the primary purposes of the SAFER grant is to assist fire departments in meeting national deployment standards. Currently our Department does not meet these standards which increases the risks of injury to our firefighters. If one additional person is added to each shift and with the recent agreement with the Vermont Air National Guard Fire Department to automatically respond on all reported structural fires, our ability to meet these standards greatly increases. Deploying the recommended number of firefighters on the initial alarm assignment helps to ensure all critical tasks are completed in a timely fashion. An additional beneficial aspect of adding one additional firefighter to each shift is the opportunity to remove the shift commander from serving as the company officer. This plan allows the shift supervisor to respond in a command vehicle only to incidents where they are needed. The Department’s command structure is extremely flat, with the captains having limited time to perform administrative or supervisory responsibilities. This proposal would allow greater flexibility during their day and ensure adequate time to complete high level projects. Finally, during high risks incidents, the shift commander would serve as the incident commander not having to leave their firefighters unsupervised. I look forward to discussing this proposal with you. Role of City Manager and Leadership Team "This is how we are accomplishing this vision." Implementation Strategy Description Responsible Department Update City Comprehensive Plan [expires 2/24] *Affirm Values & Goals * Review implementation of 2016 Plan * Establish "knowns" / data analysis for 2024 Plan * Host robust public participation * Establish measurable objectives by subject area * Establish policy/actions for 2024 Plan * Prepare for formal adoption process beginning in FY24 Planning & Zoning, City Manager *Council & Planning Commission held joint meeting in October to discuss values, goals, implementation schedule, and "knowns". *Subsequently, Planning Commission reviewed minor updates and supported staff circulating this as the working draft *P&Z Staff met with each Department individually to gather information, perspectives, anticipated needs, and their broader feedback as service providers *Each Committee has met to provide questions, information needs, and initial perspectives on key issues *Community Conversation Series (11 community meetings on a range of topics and geographies) underway Feb/March *Online community poll went live early Feb; as of 2/15; 170 responses *Drafting of chapters and initial objectives/policies underway Themes and topics to be more thoroughly addressed •Addressing Climate Change (mitigation, resiliency, adaptation) •Emphasizing Equity in our work •Creating greater emphasis on people, community, and equity •Neighborhoods, connections, and transitions •Creating greater measurability in the Plan’s Objectives •Assuring consistency of objectives and policies within the Plan •Addressing housing and affordability •Addressing economic activity and resiliency •And others as identified Develop strategy for funding and sequencing the following likely plans: *Climate Action *Cultural *Open Space *Parks *Equity *Transportation *Housing *and others as identified Planning & Zoning, City Manager *Commission and Council approved grant submittal for an Equity in Planning framework *Strategy work to be developed as part of Plan * See notes above on status Assess the City's Industrial-Commercial Zoning districts: What uses MUST be away from housing? Should we reserve land for those purposes only while making other "business parks" eligible for a wider range of mixed uses? Consider support services & uses Planning & Zoning *Planning Commission / Staff prepared and submitted request in November to Economic Development Committee to consider these and related questions *Economic Development Committee is reviewing *** Youth programming to support families in the downtown core. What services are missing (e.g. Boys and Girls Club, YMCA, Youth Center, mental and physical health provision) Planning & Zoning, Police, Recreation, Library Update #2 (February 2023) *See notes above on status. Comprehensive Plan Update City of South Burlington FY23 Policy Priorities & Strategies Approved: August 15, 2022 Report #2 (February 21, 2023) *Planning Commission endorsed staff outreach Plan and major themes. *Staff sent invitation letter to each committee and department to identify data needs and key questions to have outreach on. *Staff began preparing data and topic-by-topic needs analysis Planning & Zoning, City Manager Update #1 (December 2022) Role of City Manager and Leadership Team "This is how we are accomplishing this vision." Implementation Strategy Description Responsible Department Continue focus on developing City Center and successfully administering the TIF district*TIF 10 year audit Community Development Held kick-off meeting with the State Auditor's office for the 10-year State audit as well as pre-process interviews. * Providing material requested by the State Auditor * Completed Annual Report and presented to Council* Prepared for last Bond Vote and educating public on four projects it provides funding for Williston Road Streetscape: *Complete design and initiate ROW acquisition *Obtain TIF bond authorization Community Development, DPW Revised preliminary plans have been completed and the ROW phase will commence shortly. TIF bond proposal will be brought to Council and put on 2023 Town meeting day ballot for TIF District Financing. * Reviewed preliminary plans and State comments on preliminary plans. * Bond vote on March ballot for public consideration. *** Garden Street: *Complete the right of way acquisition and design *Obtain TIF bond authorization for Phase II *Bid out project Community Development, DPW TIF bond proposal will be brought to Council and put on 2023 Town meeting day ballot for TIF District Financing. * Positive agreement with key property owner for right- of-way. * Bond vote on March ballot for public consideration. City Center Park Boardwalk Connection: *Design, obtain funding for, and contract for construction *Obtain TIF bond authorization Community Development, DPW 60% plans were brought to the public and design completion is underway. TIF bond proposal will be brought to Council and put on 2023 Town meeting day ballot for TIF District Financing. * Bond vote on March ballot for public consideration. Develop East West Crossing - Pedestrian Bicycle Bridge over I-89 Project *Under design with Community through October *Obtain TIF bond authorization *Begin developing construction documents Community Development, DPW Final concept recommended and accepted following robust public outreach process. TIF bond proposal will be brought to Council and put on 2023 Town meeting day ballot for TIF District Financing.Contracted with State of Vermont and US DOT for RAISE Grant.Completed utility and soil exploration. * Completed soil testing and utility location work based on concept. * City, State and consultants worked through a value engineering process on the concept. Project will have a reduced width (maximum 22 feet versus original of 30, for comparison Winooski bridge is 12') which removed both steel and complexity. U-Mall connect is also simplified. *** Dorset Street Signals: *Complete construction / installation of new hardware. *Consider how new hardware and signals can be used to make Dorset St more walkable. *Evaluate Adaptive signal technology. Scope this work and get rough costs for implementation. DPW, Community Development Project was bid and construction awarded to ECI. Additional project costs are included in FY24 CIP. Grant application for evaluation of adaptive technology has been submitted. Contractor has started work on the project. Once initial soil investigations and borings are complete we'll have a schedule that can be shared. No word yet on adaptive technology grant. Be nimble in supporting future of U Mall and other private development in City Center City Manager, Community Development, Planning & Zoning Have engaged private sector developers through multi-departmental meetings on proposed development to improve efficiency of reviews and have high-level issues addressed together *Community Development began conversations with developers regarding aspects of FBC which restrict development. Consider expanding Neighborhood Development Area Designation Planning & Zoning, Community Development Staff has reached out to Vermont Dept of Housing and Community Development to confirm process and has begun speaking with property owners. *Staff participated in required pre-application meeting with DHCD Staff*Overall concept of expansion was presented to Planning Commission Land Development Regulations Updates: Continue revisions to City Center Form Based Code and associated Official Map updates to support successful development of the downtown Planning & Zoning, Community Development *Staff is collecting input from development community on topics in general *Planning Commission is reviewing amendments to clarify process & regulated related to environmental protection standards, including in the FBC. *Staff is working on an amendment in the T3+ area following guidance provided by the Planning Commission last year. Update (December 2022) City of South Burlington FY23 Policy Priorities & Strategies Approved: August 15, 2022 Report #2 (February 21, 2023) City Center and Tax Increment Financing District Update #2 (February 2023) Role of City Manager and Leadership Team "This is how we are accomplishing this vision." Implementation Strategy Description Responsible Department Complete Development of the City's Principal Climate Action Plan Planning & Zoning CAP Adopted by City Council October 3, 2022 Complete. Prepare specific Implementation Plans by Sector, beginning with Transportation, Governance, and Buildings/Thermal Planning & Zoning Transportation implementation plan has been kicked-off with CCRPC and VHB. Advisory Group structure shared with Council. *Transportation Implementation Plan well underway; Advisory Group has been formed and had first of 3 meetings in January *RFP for Municipal Operations to go out in winter 2023 Receive Plan and begin implementation of highest priority actions in current fiscal year Planning & Zoning, City Manager, Others as needed *Council adopted heating / hot water ordinance pertaining to new construction November 7, 2022. *Heating/Hot water ordinance took effect 2/15/23 *Climate Action Plan targets being incorporated into Comprehensive Plan *Funding request for a walk/bike Master Plan was submitted to CCRPC as part of their annual UPWP offering *Council has directed staff to develop an ordinance on leaf blowers *Council has directed staff to review legal options for hearing in existing buildings *Bikeshare Program new RFP issued 1/2023 after former provider left. Bids have been received and are being reviewed with objective of re-launching in South Burlington, Winooski, Burlington in May 2023 With FY24 budget consider staff capacity to implement City Manager, Planning & Zoning, Others *FY 2024 Budget includes options for Council funding of Climate work *City Manager presented options for Council consider regarding staffing/funding Climate Action Work; Council to continue discussion in April Communicate widely on the CAP and strategies Planning & Zoning, City Manager *Staff has posted adopted Plan to website, announced via City News, and published an article in the Other Paper discussing the CAP *Updates being provided via City platforms *City Plan 2024 Community Conversations series includes a session on Climate Change & Energy Develop publicly available reporting on CAP Planning & Zoning, City Manager Sustainability Report provided to Council Additional capacity needed Awaiting capacity. Update (December 2022) City of South Burlington FY23 Policy Priorities & Strategies Approved: August 15, 2022 Report #2 (February 21, 2023) Update #2 (February 2023) Climate Action Plan Implementation Strategy Description Responsible Department Launch the Chittenden County Public Safety Authority with partners Police, Fire, City Manager Received over 2 million in grant funding to support start up costs. Trying to find funding source to close the gap on final million needed. Project experienced a set back when the Town of Colchester voted not to fund FY 24 contributions. We are working to find alternative paths forward. Illuminate Vermont Artisan Festival to promote City Center, support local hospitality industry and Vermont artisans Recreation & Parks, Community Development Illuminate Vermont is in full planning mode as the event is planned for December 16 and 17 4:00-8:00pm. Secured grant funding from the state, matched by city council allocation and community sponsors. BTV is our headline sponsor supporting this event. Illuminate Vermont was a success. 750 in attendance for the first night and over 1600 in attendance the second night. Staff are finalizing the actual budget and preparing the grant report. Agreement that we will do the event in 2023 with some adjustments and additional sponsorship dollars. Dates to be determined by end of February 2023 to start shopping sponsorships. Support and create affinity spaces for South Burlington residents, employees and business owners Recreation & Parks, Community Development, Library No action yet.Initial meetings have kicked off; the group has agreed to meet monthly to identify needs, direction and community outreach. Update #2 (February 2023) City of South Burlington FY23 Policy Priorities & Strategies Approved: August 15, 2022 Report #2 (February 21, 2023) Opportunity Oriented *Prioritize development that occurs within the community into the higher intensity areas identified within this Plan *Support a diverse and vibrant economy built on quality jobs, employment centers and a supportive educational and research system; support markets for local agricultural and food products. Being a supportive and engaged member of the larger regional and Role of City Manager and Leadership Team Update (December 2022)"This is how we are accomplishing this vision." Implementation Strategy Description Responsible Department Plan for Recreation Center future (assess community interest, new facility, existing spaces, etc.) Recreation & Parks, Community Development Project has not advanced pending Council direction. Project has not advanced. Awaiting prioritizing. SBPD will continue to be a leader in recognizing bias in policing and establishing meaningful relationships with the immigrant community. This work includes education for staff and leveraging the partnership formed with our cultural brokers. Police, Library, Community Development During November of 2022 Dr. Avila trained all SBPD staff in biases, microaggressions, macroaggressions, and micro assaults. This was the second training evolution related to our goals of providing fair and impartial policing. *Library staff touring PD towards future partnerships. Land Development Regulations Updates: * Extend use of TDRs to higher density mixed use areas *Address density on smaller parcels in the SEQ *Begin to zoning in historically single-family neighborhoods to allow for thoughtful infill and mix of housing types Planning & Zoning *LDR amendments extending TDRs to higher density mixed use areas adopted by Council 11/21/2022 *Commission initiating Comprehensive Plan-level discussion of historically single-family neighborhoods Discussions underway as part of Comprehensive Plan conversations. Update our Pavement Condition Assessments (PCI) scoring and use this to guide future street paving. Create a system for determining where we will spend paving dollars that is transparent and equitable. DPW PCI software was purchased and configured to include our streets and shared use paths. Our next steps are to update the data so that the software can help us generate a plan. We have started entering past year's paving information to update the software. We anticipate this being complete in late February. We'll then identify priority areas for re-evaluation and make a plan for collecting the information necessary to update the model. Modernize rules and regulations on dogs and common spaces for dogs Recreation & Parks, Legal, DPW Not yet started Common Areas for Dogs Committee has drafted new rules within dog parks and is reviewing ordinances ahead of making recommendations. Develop a policy on when the City assumes ownership for privately developed parks, open spaces, and roads (rec paths and sidewalks), and ensure maintenance resources are developed Planning & Zoning, DPW, Legal DPW Standards are being developed to improve processes for construction, as-built drawings, and inspection processes before ownership transfer can occur. A first draft was prepared, but needs inter-departmental review and coordination. Plan for the transformational and effective use of ARPA funding City Manager *Survey completed and presented to Council in September *November 30th Council meeting to hear from Committees*Step down of ARPA investment in FY24 budget Council heard from the Committees on November 30th. Council received recommendations as part of the FY24 budget process. Decisions will be made once the new Council is seated. Increase programming for underserved populations Recreation & Parks, Library All three elementary schools have brought their English language learning (ELL) families to the library for card sign up and tours of the KidSpace. ESL discussion group has added new members. Recreation and Parks Department hosted three pop up events in the THC housing facilities and continues to work with all school counselors to support scholarship opportunities for children registering for programs. Recreation will continue to plan for summer Pop events at the the CHT buildings and is working with school counselors at each elementary school to support program and camp registrations. We are hoping to attend a joint principals meeting in the near future to talk about services and how we can best connect with the underserved school age population. Orient our eligible South Burlington neighbors to the Airport's noise mitigation funds and efforts City Manager, Planning & Zoning Not yet started Not yet started Hubbard Natural Area: Complete design phase and prepare bid documents DPW Work with consultants is on-going for recreation path, parking area, viewing area, and stormwater. Permitting work has progressed, specifically related to Act 250 and stormwater. Implement a body worn camera program in addition to the cruiser camera program. *Coordinate public records requests advancing the principals of both transparent and accessible government. Police The department's body worn camera program has been fully deployed. Professional staff are responding to requests for this data and are becoming fluent in the redaction software and related law. The cruiser camera technology which is fully integrated with the body worn camera technology is slated for delivery / deployment in March of 2023. This delay has been attributed to global supply chain. Increase Community Gardens throughout the community Recreation & Parks Need to identify land for this project In the process of looking at land for this use and identifying ways to forward this work with an intern program. *Keep unique features, and maintain or enhance the quality of life of existing *Be a recognized leader in public education offerings and outcomes *Provide quality public safety, infrastructure, health, wellness, and recreation services *Ensure transparent and accessible government. *Take into account the quality of life of residents, employees, and visitors in the development of City policies, plans, projects, and Update #2 (February 2023) City of South Burlington FY23 Policy Priorities & Strategies Approved: August 15, 2022 Report #2 (February 21, 2023) Affordable and Community Strong Creating a robust sense of place and opportunity for our residents and visitors. *Actively plan for public spaces throughout the City, including public open spaces and public art, such that these spaces can be utilized daily and also for special community-oriented events. *Establish vibrant streetscapes, civic spaces, public art and public facilities in the Central District and City Center. Role of City Manager and Leadership Team Update (December 2022)"This is how we are accomplishing this vision." *Be affordable, with housing for people of all incomes, lifestyles, and stages of life Collaborate on providing community services: *Coordinate marketing efforts with Rec and Library, Pop Up Events with Schools, CHT facilities *Launch remote service delivery *Support Green Up Day by coordination of in Park events *Weed Warriors and DPW collaborate on work at Parks and Cemeteries Recreation & Parks, Library, DPW *Library staff present monthly at the Senior Center luncheon. * Coordination of Rec and Library to request ARPA funds to support remote service delivery vehicle. * Three weed warrior events were hosted in our natural areas this fall. As Rec Brochure comes on line Feb 15, program staff will work together to identify events/programs that make sense for collaboration. In addition, proposed quarterly "programming" meeting between Library and Recreation to look ahead and continued partnerships. Adopt a policy to refer a majority of misdemeanor crimes to the Community Justice Center. *Ensure equitable opportunity to justice involved persons and fully embraces the use of restorative practices to address crime and disorder in the City.*As part of FY24 budget consider ways to sustainably fund efforts. Police *PR-322 Alternative Prosecution was published on 07/01/2022. This policy identified 14 misdemeanor crimes which are direct referrals to the CJC for restorative justice. *Explore the use of Opioid settlement funds to support CJC operations. Program data for January 2023 showed that 60% of the persons referred to the CJC completed their case successfully. This alleviates the strain on the traditional CJ system and leverages restorative practice to address crime which is much more effective for victims and the community. South Village Field: Determine future use and work with developer on construction Recreation & Parks, DPW Internal Staff discussion of potential design elements for this park that are outside of the approved design (currently a youth size soccer field with parking amenity and rest rooms). Proposals for a community garden facility, accessible playground and bike ride launch have topped the list. Working on proposal to submit to developer and coordinating with Rec Impact Fee language. No update at this time. Design and find funding for a new Book/Rec Van service Recreation & Parks, Library *Rec and Library have worked together to design a vehicle that meets both needs, and service delivery plan that does the same. Project will be presented for ARPA funds by Trustees. Awaiting City Council decisions about ARPA funds. Implementation Strategy Description Responsible Department Complete the FY23 CIP projects prioritized for the Penny for Paths funds DPW All FY23 P4P projects are underway with 1 complete, 2 in ROW, and the remainder in design. All FY23 P4P projects are underway with 1 complete, 2 in ROW, and the remainder in design. Complete Transportation Demand Management Regulations Planning & Zoning, DPW Not yet started Have reached out to consultant to re-start work in March 2023 Consider UPWP applications to build out bike/ped infrastructure to create an accessible network for all residents *Complete FY23 efforts *Apply for FY24 support *Focus on pedestrians Planning & Zoning, DPW *All FY23 approved UPWP projects have been kicked off and are underway. *Staff is developing recommendations for FY 2024 to go to Planning Commission and Council December / January *Work continues on all FY23 approved UPWP projects. *FY 2024 UPWP project applications have been submitted, including bike/ped master plan Complete Transportation Impact Fee update Planning & Zoning, DPW Paused for other priorities Have reached out to consultant to re-start work in March 2023 Update #2 (February 2023) City of South Burlington FY23 Policy Priorities & Strategies Approved: August 15, 2022 Report #2 (February 21, 2023) Walkable *Establish a city center with pedestrian-oriented design, mixed uses, and public buildings and civic spaces that act as a focal point to the community. *Develop a safe and efficient transportation system that supports pedestrian, Bicycle and pedestrian friendly with safe transportation infrastructure. Role of City Manager and Leadership Team Update (December 2022)"This is how we are accomplishing this vision." Implementation Strategy Description Responsible Department Mitigate Dog waste through installation of more mutt mitt stations Recreation & Parks, DPW Proposal from Dog Park Committee to install series of waste stations- funded in proposed FY24 CIP Additional waste stations in the approved budget from CC; awaiting voter approval in March. Improve management/maintenance of City-owned Natural Areas and Public Parks *Review and update current Open Space Fund parameters *Create City Open Space Management Plans *Develop funding strategy for ongoing maintenance of City-owned lands DPW, Planning & Zoning Paused for other priorities Proposed budget includes an additional parks maintenance employee. Review and consider changes to the City's Emerald Ash Borer Plan DPW Staff is discussing tree maintenance with NRCC Staff continued to work on this topic with the NRCC. City arborist met with and provided info to NRCC. The City obtained a grant to support planting of trees to replace existing Ash trees in the ROW. An additional $50,000 for this work was proposed in the FY24 budget. Once funding is known, a reliable plan can be developed. Complete Auclair conservation plan and Wheeler management update Planning & Zoning *Staff is working with VLT to prepare the Auclair conservation *Council approved outline of MOU with Vermont Land Trust and affirmed funding; staff developing final language for City manager Prepare for an Chloride TMDL by instituting winter maintenance best practices and working with the private sector on their SOPs. DPW No update No Update Bond vote for refurbishment of the Bartlett Bay Wastewater Treatment Facility. DPW Vote is planned for March 2023. Working with legal staff to prepare a bond schedule and bond language. Bond vote is on TMD ballot. Staff is conducting community outreach / education on this item. Update #2 (February 2023) City of South Burlington FY23 Policy Priorities & Strategies Approved: August 15, 2022 Report #2 (February 21, 2023) Green & Clean *Promote conservation of identified important natural areas, open spaces, aquatic resources, air quality, arable land and other agricultural resources, historic sites and structures, and recreational assets Emphasizing sustainability for long-term viability of a clean and green Update (December 2022)"This is how we are accomplishing this vision." *Reduce energy consumption city-wide and increase renewable energy *Climate Change Resolution Role of City Manager and Leadership Team Implementation Strategy Description Responsible Department Update permitting systems and processes: *Provide technology to streamline processes *Build an expedited pathway for Sustainable Energy Projects *Support efficient DRB review Planning & Zoning *Staff has met with a pair of vendors; beginning to put together RFP Pending staff capacity. If the following ordinances are considered by the Council, develop an education, regulation, and enforcement team to implement. These new ordinances could include: *Rental Registry *Housing/Short-term Rentals (AirBnb) ordinance * Ordinance requiring all new buildings to have a "renewable primary heating system" *Energy Inspections City Manager, City Attorney, Fire, Planning & Zoning *Fire Department will be supporting the new ordinance on renewable primary heating systems. Stand ready if additional resources provided to support a rental registry. *Current ordinance includes self-certification language *FY24 Budget suggests an enforcement team in future years City team has been established to review potential options for a rental registry and the regulation of short/long term rentals. Plan is to bring Council some options in April 2023. Consider charter changes related to governance City Manager, City Attorney, City Clerk Charter Committee meets monthly and is staffed by the City Manager and City Attorney. To date they have heard from manager and mayoral professionals from other communities. Charter Committee continues to meet. Outreach and community engagement will start after Town Meeting Day. Focus on equity and inclusion *Adopt a Declaration of Inclusion *Conduct staff training *Explore ways to improve our equitable community engagement *Complete a library collection diversity audit and review collection development guidelines for new purchase *Social Equity in Programs: As part of the FY24 budget, discuss increase in scholarship funding, fundraising efforts to enhance scholarship fund, develop pricing pyramid to allow for some free programming in each age grouping All Staff *Declaration of Inclusion was adopted in July 2022 *The City engaged Dr. Mercedes Avila in providing the training "Structural Competence and Cultural Humility" for all City staff. This will be completed in December 2022. *Staff applied for and was accepted into the State's IDEAL program (https://racialequity.vermont.gov/ideal- vermont) * Library used direct ARPA funds to do an audit and to use that audit in moving our collections towards inclusion. Use of collections will be monitored towards enhanced publicity and display as needed. *Planning Commission and Council approved submittal of Vermont Municipal Planning Grant request to create an Equity Framework for planning projects * Outreach and contracting (where feasible) for Illuminate Vermont focused on hiring and including BIPOC communities in messaging, as performers and vendors. *Black History month displays *Abenaki Seed Swap speaker Modernize the City's Personnel Policies and Practices *Update Personnel Handbook *Focus on recruitment and retention to better reflect our community *Complete a wage classification and market rate study *Focus on onboarding, orientation, and cross-department collaboration *Institute an annual review process and Staff Development Program with staff input HR and All Departments *On hold pending a new HR Director *Library has initiated a new orientation checklist based on new employee feedback. *Working with employment law attorney on updating Personnel Policies - project in initial phase. Strategically align our Capital Improvement Plan to community objectives and current infrastructure upgrades needed by creating a scoring system, applying realistic funding goals, and better communicating plan All Departments In part accomplished with the proposed FY24 CIP.A scoring and prioritization tool is under development. It will be vetted and implemented as part of the FY25 CIP development process. Develop a process for handling requests for speed studies, traffic counts, stop signs, traffic calming and related requests. Ensure that the process is transparent and equitable. DPW, Planning & Zoning Traffic request process is being developed with Stantec as the consultant. A first draft of this document been prepared and reviewed by staff. Consider establishing or joining a Communications Union District to improve broadband services City Manager, Legal Voters approved on Election Day in November Partnering with surrounding communities on implementation CUD Board was established. City Manger and City Attorney are currently the representatives on the Board. A $300k grant was received to study feasibility. Update #2 (February 2023) City of South Burlington FY23 Policy Priorities & Strategies Approved: August 15, 2022 Report #2 (February 21, 2023) Core Municipal Services and Administration Role of City Manager and Leadership Team Update (December 2022)"This is how we are accomplishing this vision." Determine the City's short (1-3 years) to medium (3-5 years) term data and GIS needs and determine how best to implement for our staff and residents All Staff Proposal is in the FY24 Budget GIS/Data Analyst position proposed in FY24 budget Consider lenses with which City decisions are made (climate, equity, fiscal/affordability, sustainability, and others) City Manager and All Not yet started Not yet started Complete a utility rate study to ensure our wastewater and drinking water rates can appropriately fund the required maintenance of our existing system and can pay for future capital needs. DPW Work on a rate study was initiated and data collection is underway. Work continues. Anticipating more information before the next update. Complete project to review the City's municipal ordinances and modernize All Departments On hold pending executive team staffing and Council priorities *Review of draft proofs of all updated ordinances is underway. City Attorney is coordinating with Municode, the company the City has contracted with to help us with this project. Complete project to put land records online City Clerk Make the land records available for research from outside city hall. Will be for a fee to help protect both citizen's privacy as well as keep the revenue stream for the city. Work continues with the goal of completion this summer. Develop and implement a Fire/EMS Strategic Plan Fire Strategic planning session scheduled for spring 2023.Strategic planning session will be held March 20 - 23, 2023. Invites for public participation will be send out shortly. Consider increasing the size of the Planning Commission for consideration on Town Meeting Day 2023 City Manager, City Attorney Planning Commission and Charter Committee recommended not making this change