HomeMy WebLinkAboutAgenda - City Council - 05/02/2022AGENDA
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/city-council05-02-2022 You can also dial in using your phone. +1 (224) 501-3412 Access Code: 535-475-989
Regular Session 6:30 P.M. Monday, May 02, 2022
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.Announcements and City Manager’s Report (6:45 – 6:55 PM)
6.Consent Agenda: (6:55 – 7:00 PM)
A.*** Consider and Sign Disbursements
B.*** Approve minutes from February 7, 2022, March 7, 2022 and April 4, 2022 CCMeetings.
7.*** Receive an update from the Cemetery Sextons – Donna Kinville, City Clerk and Chair ofthe Sextons (7:00 – 7:30 PM)
8.*** Public Hearing on Proposed Amendments to Land Development Regulations (LDR-22-
01, LDR-22-02, LDR-22-03, LDR 22-04) Warned for 7:30 – Paul Conner, Director Planningand Zoning (7:30 – 7:50 PM)
9.*** Possible action to approve amendments to Land Development Regulations following thePublic Hearing – Paul Conner, Director Planning and Zoning (7:50 – 8:00 PM)
10.*** Affordable Housing Committee and Housing Trust Fund to present theirrecommendations on using ARPA funding to incentivize the development of affordablehousing – Chris Trombly, Chair, Affordable Housing Committee (8:00 – 8:30 PM)
11. *** Discuss the status of Beta’s permitting and Legislative Bill H.736 regarding municipal zoning, parking, and the Airport – Jessie Baker, City Manager (8:30 – 9:00 PM) 12. *** Discussion on Veterans Park at Dorset Street – Holly Rees, Director of Parks & Recreation (9:00 – 9:20 PM) 13. *** Approve the "Bylaws for Committees Established by the South Burlington City Council” – Jessie Baker, City Manager (9:20 – 9:35 PM) 14. *** Review the Quarter 3 Financial Report – Andrew Bolduc, Deputy City Manager (9:35 – 9:50 PM) 15. *** Discuss the FY22 Community Services Funding allocations – Andrew Bolduc, Deputy City Manager (9:50 – 10:05 PM) 16. *** Convene as the South Burlington Liquor Control Commission to consider the following: Gonzo’s Indoor Golf Club, First Class & Third-Class Restaurant/Bar License; Waffle Chalet (Renewal) First Class Restaurant/Bar License (10:05 – 10:10 PM)
17. Reports from Councilors on Committee assignments (10:10 – 10:20 PM) 18. Other Business (10:20 – 10:25 PM) 19. Consider entering executive session for the purpose of discussing labor relations agreements with employees (10:25 – 11:00 PM)
20. Adjourn (11:00 PM) Respectfully Submitted:
Jessie Baker City Manager
*** Attachments Included
Champlain Water District
Check/Voucher Register - Check Report by Fund
From 5/3/2022 Through 5/3/2022
Check Date Check Number Vendor Name Invoice Description Check Amount Invoice Number
5/3/2022 4398 Chittenden Solid Waste District Disposal of lithium batteries 935.00 11002784
5/3/2022 4399 E.J. Prescott Repair Band Re-Stock 283.50 6006443
5/3/2022 4400 FirstLight Fiber Account 101167 20.86 11264654
5/3/2022 4401 Office Essentials of Vermont Copy Paper 22.90 38656
5/3/2022 4402 Ti-Sales, Inc.Meters 4,662.00 INV0142227
5/3/2022 Ti-Sales, Inc.Test Bench Gaskets 27.54 INV0142593
Total 70 - South Burlington Water
Department
5,951.80
Report Total 5,951.80
70 - South Burlington Water Department
SOUTH BURLINGTON CITY COUNCIL
Page: 1
CITY COUNCIL 7 FEBRUARY 2022
The South Burlington City Council held a regular meeting on Tuesday, 7 February 2022, at 6:30
p.m., in Room 301, 180 Market Street, and by Go to Meeting remote participation.
MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, Sen. T. Chittenden, M. Cota
ALSO PRESENT: J. Baker, City Manager; A. Bolduc, Deputy City Manager; C. McNeil, City
Attorney; P. Conner, Director of Planning & Zoning; R. McDonald, L. Kingsbury, B. Sirvis, B. Britt,
L. Bailey, K. Ryder, S. Dooley, M. Mittag, J. Bellevance, J. Smith, J. Davis, R. Greco, D. Bugbee, D.
Peters, Lala, H. Head, J. Louisos, R. Dahlstrom, S. Crowley, A. Long, P. Simon, J. Chaulot, N.
Hyman, K. Lane, M. J. Reale, A. & A. Chalnick, B. Cousins, J. Burton, C. Jensen, D. Phlibert, K.
Long, D. Long, C Trombly, Nim, E. Langfeldt, M. Abrams, R. Gonda, M. Murray, C. Pierce, M.
Leamzin
1. Instructions on exiting building in case of emergency and review of technology
option:
Ms. Baker provided instructions on emergency exit from the building and reviewed technology
options.
2. Additions, deletions or changes in the order of Agenda items:
Ms. Emery asked about ARPA funds for Affordable Housing. She said she thought it would be on
the ballot. Mr. Bolduc said there will be a discussion about ARPA funds on 22 February. Ms.
Baker said it will be a “process discussion.” Mr. Bolduc added the city has until the end of 2024
to allocate those funds and until the end of 2026 to spend them
3. Comments and questions from the public not related to the agenda:
There were no public comments or questions.
4. Announcements and City Manager’s Report:
Ms. Emery said residents at Stonehedge are concerned with increased traffic on Spear Street
and are asking for speed limit signs within Stonehedge itself. They also want a traffic light.
Mr. Barritt said he has heard from residents about the frequency and timing of mowing at the
edges of stormwater ponds because of wildlife.
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7 FEBRUARY 2022
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Mr. Barritt noted he spent time with Mr. Bolduc and Ms. Machar and a representative from the
school district regarding the audit process. Mr. Bolduc noted the city received only one
response to the RFP.
Members lauded the work of Public Works during the weekend snowstorm.
Ms. Riehle reported that she met with the Director of Green Mountain Habitat and others and
learned the details of how they work. She thought the city might want to partner with them.
She noted that the homes built by Habitat on Hinesburg Road sold for $125,000. She also noted
that the hard part of affordable housing is ownership. Mr. Barritt noted that the owners of the
Habitat homes also help with the building process.
Ms. Baker: Thanked the Public Works team who worked from Thursday morning through the
night to Friday afternoon and were then back again on Saturday morning. She noted the city
now has 400 lane miles of road to plow plus 55 miles of sidewalk and 25 miles of paths.
There was a water break this morning at Dorset/Grandview Drive.
In the last week, there were 95 reported new COVID cases, possibly fewer than
the actual number due to home testing.
Ballots are in and will be mailed out to those who call for them.
Work on regional dispatch is continuing. The city received a $250,000 grant from
Homeland Security, and other grants are being considered. The State is looking to do all
regional dispatch.
The 30 mph signs for Hinesburg Road have been received.
The next City Council meeting will be on Tuesday, 22 February, due to the
Presidents’ Day holiday on Monday.
5. Consent Agenda:
a. Approve and Sign Disbursements
b. Approve 2022 Certificate of Highway Mileage Submission to State of Vermont
c. Approve SW Grant Request – Lake Champlain Basin Program
d. Approve SW Grant Application-MARC Design & Implementation Block Grant
CITY COUNCIL
7 FEBRUARY 2022
PAGE 3
e. Approve the FY2021 TIF Annual Report
f. Approve a resolution and certificate along with related legal documents
necessary for the Vermont Bond Bank to issue general obligation bonds in a
total amount of $1,400,000 ($0.43M of which is to be serviced with tax
increment financing from the City Center TIF District) for the construction of
the South Burlington Public Library and City Hall as authorized by ballot 6
November 2018
Ms. Emery moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Motion
passed unanimously.
6. Opportunity for Councilors and the public to share information and resources on
Climate Change:
Ms. Riehle said she has been reading the State Climate Action Plan and the strategies there are
aligned with the city’s interim zoning and Planning Commission’s continuing work. She also
noted the Climate Action Task Force is using the State Plan as a template. They are focusing first
on built structures and how to make them more efficient.
Ms. Emery said the Winooski River Basin will be a major flood zone. She also cited the
importance of paying attention to the Lake and water source.
Ms. Greco said she has also read the report and thanked Mr. Cota for recommending it.
7. Public Hearing on proposed amendments to the Land Development Regulations:
Ms. Riehle reviewed the history and noted that the Council will not respond to comments from
the public but will have a dialog among themselves after the public hearing. She thanked the
Planning Commission and other city committees for their hours of work and the public for
feedback.
Ms. Emery moved to open the public hearing. Mr. Barritt seconded. Motion passed
unanimously.
Public comments was received as follows:
CITY COUNCIL
7 FEBRUARY 2022
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Ms. Dooley: Was concerned with process and noted that in the Legislature when something is
momentous the whole Legislature wants a role in forming that legislation, and sometimes
amendments are proposed and sometimes added. She said that as the second largest city and
largest job center in Vermont with a reputation for doing things thoughtfully, she felt the
regulations should represent the City Council’s collective thinking regarding the balance
between conservation and development. She felt she had not heard that. Ms. Dooley noted
that many elements in the LDRs came from a 4-3 vote. She added that there are things in the
LDRs that should change regarding affordable housing. There is a housing crisis which requires
every tool available. Ms. Dooley specifically cited the loss of housing units when reducing the
number per acre from 4 to 1/8.
Mr. Burton: Noted a motion put together by the Economic Development Committee. They
feel the permanent withdrawal of land is an economic issue. The Committee would like a full
economic report which they feel is necessary in order to make a fiscally responsible decision for
the city.
Ms. Riehle noted they Council received the report and was surprised that a
committee asked for a contract from a company.
Mr. Burton said the committee was very clear with the company that this is not a
bid, and that the City Council would have to do a full bid process.
Ms. Ostby: Agreed with everything Ms. Dooley said. She acknowledged there are
improvements that need to happen, but she endorsed the City Council approving the whole
package. She felt there should be pride in protecting more acres of land.
Mr. Chaulot: As Chair of the Natural Resources and Conservation Committee, he supported
the LDRs as a very strong base. He felt there can be more refinement. He also noted the NRC
Committee has asked to review any deviations and encroachments.
Mr. Nick: As a partner in the Hill Farm, he has major concerns. The commercial uses are
undefined after three years. Mapping is confusing. He questioned whether there is a difference
between “conserved land” and “habitat block.” He didn’t think they were being treated fairly.
The “habitat block” is 45 acres of their land, and he felt the city couldn’t ask for a better place
for housing. He questioned members of the Council saying they want to reduce emissions, yet
they are making people travel further to get to work. Mr. Nick said the area in question is not
really habitat, and he felt the city is just using that to get an extension of
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7 FEBRUARY 2022
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Wheeler Park. He also said that what is allowed is not job creation zoning. He noted they have
been consulting with lawyers, and that seems to be where they are heading.
Mr. Mittag: Acknowledged there were straw polls and motions at the Planning Commission
that were not unanimous, but in the end the Commission felt there was a product they could all
support.
Mr. Simoneau: Felt the Council is moving too fast, and there is a lot to discuss on both
sides of the issue. There were 2 studies that may not have been read by people on the Council
and not taken seriously. He felt the bulk of the product will serve the community well, but there
are concerns from people, including the Economic Development Committee and the Affordable
Housing Committee that are being given very little attention. Mr. Simoneau said “housing
affordability” is a national issue, and the biggest solution is more product. The South Burlington
Business Association has great concerns about the product, and the majority of those
businesses are small businesses. Their ability to be sustainable hinges on affordability, and they
are looking for equity and sustainability.
Ms. Emery asked if SBBA members voted on that. Mr. Simoneau said the SBBA Board of
Directors voted, 15-18 people.
Mr. Hyman: There is a housing shortage everywhere, and we are running out of land. The
planet is being wrecked. He asked the Council to “focus on where we are” since we can’t solve
the country’s problems but can only help ourselves.
Ms. Jensen: She is an attorney representing the Larkins who own parcels impacted by the
LDRs. She asked to add her voice to those concerned with the process on which the foundation
rests. She felt the process started with a result and “bootstrapped” the way to get there. She
said the Arrowwood study was not a rational basis for regulations. South Burlington is a city,
and it is where development should be.
Ms. Sirvis: She has heard things that give her “pause.” She felt that they could talk about
this forever and everyone find a study to support them. She felt there won’t be affordable
housing in the Southeast Quadrant. She also felt there will be changes in the future. There is a
need to discuss affordability and a need for open space where people can find serenity.
Mr. Dahlstrom: He said the regulations are taking 95% of his property by putting it into an
NRP, and private property should not be taken through regulations. That is the same as a
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7 FEBRUARY 2022
PAGE 6
seizure. He added that private property is the foundation of freedom, and people have the right
to acquire, use, and dispose of property. If the government acts under eminent domain, it has
to compensate the owner. He felt the LDRs are generally good but have some flaws that need
attention.
Mr. Trombly: He said the statement that will always stick with him is “I don’t see homes being
built for people like me.” He felt the LDRs need more attention and more discussion about the
kind of city that is being built and for whom. Those concerns need response.
Mr. Gonda: Said he went with several people to Jeff Nick’s property and found tracks of fox,
deer and a deer carcass. That proves the area is wildlife habitat. He supports the LDRs.
Ms. Dooley: Said the residents and Planning Commission need guidance from the Council as
to which concerns resonate with them and things the Council wants the Planning Commission
to consider. There were numerous sessions on Article 12 but very little time given to affordable
housing, etc. She also noted with regard to the SBBA, that it is very common for Boards to
speak for an organization and cited how often Sara Dopp speaks for the South Burlington Land
Trust without polling its members.
There was no further public comment.
Ms. Emery moved to close the public hearing. Mr. Barritt seconded. Motion passed
unanimously.
8. Discussion and possible action to adopt proposed amendments to the Land
Development Regulations:
Ms. Emery moved to adopt the proposed amendments with the slight amendments previously
made to the Land Development Regulations. Mr. Barritt seconded.
Sen. Chittenden said he understood that the Council has an obligation to wrap this up by 6 April,
and he agreed with those who said they need time. He would like more time. He liked what
Ms. Dooley sent out about 6 possible changes. Those could be warned. He also was concerned
with what John Burton said.
CITY COUNCIL
7 FEBRUARY 2022
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Mr. Conner said Sen. Chittenden is correct that the draft regulations are in effect until 6 April. If
the Council doesn’t act by then, the old regulations would be apply. Procedurally, the Council
can make changes it elects to make and then warn another public hearing.
Ms. Riehle said she understood the Planning Commission is working on things. Mr. Conner said
they are working on a “general PUD” for parts of the city without a PUD and also on how to
change an existing PUD. There are many projects they will be dealing with afterwards.
Ms. Emery said the Planning Commission has worked for 3 years and made changes to address
pollution in the lake and the flooding that is coming. She would like to look at parcels less than
4 acres for building small energy-efficient homes. She also noted that the same number of
homes can be built on the 70-30 split as could be on a 50-50 split. She said that affordable
housing can be built in every part of the city, and she did not think the housing crisis would be
over in 25 years. She added that this is smart planning which she embraced with a “few minor
tweaks.”
Mr. Barritt said that some people will think they have gone too far, some not far enough which,
to him means they probably hit it right on the mark. He cited the need to maintain
forest/habitat blocks. He said there is no shortage of housing developments, but they won’t be
enough because people are coming here to escape COVID.
Mr. Cota acknowledged the incredible amount of work done by volunteers and city staff. He
was concerned that the new regulations don’t focus on greenhouse gas reduction, but do the
opposite. The jobs are in South Burlington, and the housing is needed in South Burlington. He
stressed the need to make space for people to live in the city, all people, not just those in “rich
houses.” He noted that he had come up with 22 suggested changes which the Council had no
discussion on.
Sen. Chittenden agreed with Mr. Cota that South Burlington is where housing should be. He
was opposed to mandating a Conservation PUD where there is Vergennes clay, which makes no
sense. He said that causing more commuting will exacerbate climate change. He also wanted
South Burlington to welcome everyone, and the proposed regulations don’t do that.
Ms. Emery said she wanted housing on the bus lines, and with housing on Hinesburg Road,
there could be bus lines there. She felt the Council had addressed Mr. Cota’s 22 items,
addressing footprint lots and agreeing with going back from 1.8 units per acre to 4 per acre.
CITY COUNCIL
7 FEBRUARY 2022
PAGE 8
She disagreed with removing NRP zoning. She also disagreed with the city not being a leader
regarding wetland protection.
Ms. Riehle said she would vote in favor and also favor having the Planning Commission
complete its work on PUDs and TDRs. She believed there can be a way to develop affordable
housing where there is transportation and the ability to walk to services. She didn’t think the
Southeast Quadrant is the place for massive development, but there will be new housing there.
She did not know what the pricing would be, probably not for the populations Mr. Trombly is
talking about. She suggested there could be housing on top of businesses that are defunct.
In the vote that followed, the motion passed 3-2 with Mr. Cota and Sen. Chittenden voting
against.
9. Consider an extension to the Mask Mandate currently in place:
Ms. Baker said the mandate has to be reviewed every 30 days. She also noted that the numbers
in the past week were down from 250 to 95.
Ms. Emery said she is prepared to remove the mandate city-wide. She sees this as a “customer
service question.” She cited a mental health crisis on both sides and a loss of freedom and
mobility. She felt there were other options to insure public safety. She did note that the City of
Burlington had renewed its mask mandate.
Mr. Barritt said they are trying to suppress transmission through the air of a communicable
disease, and you can transmit it to someone even if you don’t know you have it. He felt they
shouldn’t relax the mandate just yet in order to protect people from a disease that can kill
them. He didn’t feel it was a huge inconvenience and favored at least one more month of the
mandate.
Ms. Riehle noted that in states where they relax the mask mandate, the number soar.
Sen. Chittenden said he felt everyone should wear a mask, but he was concerned with requiring
people to wear them for 8 hours of a work shift. He favored keeping the mandate in city-owned
buildings and could go either way on relaxing the mandate in the rest of the city.
Mr. Cota said the city can’t enforce the mandate in private buildings, so he opposed it, but he
did support continuing the mandate in city-owned buildings.
CITY COUNCIL
7 FEBRUARY 2022
PAGE 9
Ms. Baker said what they do in City Hall is “education and cajoling.”
Ms. Emery said people have to learn how to live with COVID.
Mr. Barritt then moved to maintain what is in place now. Ms. Riehle seconded.
Sen. Chittenden moved to amend the motion to include a “carve out” for those who choose to
opt out. Ms. Emery seconded. Ms. Baker read the “opt out language.” In the vote on the
amendment, it was passed 3-2 with Mr. Barritt and Ms. Riehle voting against.
Members then voted on the amended motion which passed 3-2 with Mr. Barritt and Ms. Riehle
voting against.
10. Liquor Control Board:
Ms. Emery moved that the Council meet as Liquor Control Board. Mr. Barritt seconded. Motion
passed unanimously.
Members then considered the following list of liquor license renewals:
Applebees, 1st Class & 3rd Class Restaurant/Bar License; Charlie’s on Fire (Chicken Charlie’s) 1st
Class Restaurant/Br License; Chipotle Mexican Grill, 1st Class & 3rd Class Restaurant/Bar License;
Dorset Hana, Inc., 1st Class & 3rd Class Restaurant/Bar License; Eagles Club, 1st Class & 3rd Class
License for Club and Two Outside Consumption Permits; Hannaford Super Market #8357 (Dorset
St.) 2nd Class License; Homewood Suites, 1st, 2nd, & 3rd Class Restaurant/Bar License
Consumption Permit; Interstate Shell, 2nd Class License; #104 Jolley Shelburne Road South, 2nd
Class License; #105 Jolley Williston Road, 2nd Class License; #107 Jolley Shelburne Road North,
2nd Class License; #146 Jolley, Shelburne Road Center, 2nd Class License; Kinney Drugs #55
(Williston Rd.) 2nd Class License; Klinger’s Bread Company, 2nd Class License; Maplefields #52
(Williston Road), 2nd Class License; Maplefields at the Airport, 2nd Class License; Mimmo’s Pizza,
1st Class & 3rd Class Restaurant/Bar License; Pour House (The), 1st Class & 3rd Class
Restaurant/Bar License and outdoor Consumption Permit; Price Chopper #228 (Hinesburg
Road), 2nd Class License; Quarry Hill Club, 1st Class & 3rd Class Restaurant/Bar License and
Outside Consumption Permit; Red Barn Market & Deli, 2nd Class License; Shelburne Road
Variety, LLC, 2nd Class License; Windjammer Restaurant, 1st Class & 3rd Class Restaurant/Bar
License and Outdoor Consumption Permit; Zachary’s, 1st. Class Restaurant/Bar License; Zen
Garden, 1st Class & 3rd Class Restaurant/Bar License
CITY COUNCIL
7 FEBRUARY 2022
PAGE 10
Ms. Emery moved to approve the liquor license renewals as presented. Mr. Barritt seconded.
Motion passed 4-0 with Sen. Chittenden abstaining.
11. Consider entering executive session for the purposes of discussing a proposed civil
litigation settlement agreement:
Mr. Barritt moved that the City Council make a specific finding that premature knowledge public
knowledge of confidential attorney-client information related to a civil litigation would clearly
put the city at a substantial disadvantage. Ms. Emery seconded. Motion passed unanimously.
Mr. Barritt then moved that the Council meet in executive session to receive attorney-client
information related to civil litigation and to invite into the session Ms. Baker, Mr. Bolduc, and
Mr. McNeil. Ms. Emery seconded. Motion passed unanimously.
The Council entered executive session at 9:48 p.m. and resumed open session at 10:05 p.m.
12. Consider approval of civil litigation Settlement Agreement:
Ms. Riehle moved to approve the 27 January 2022 agreement between the City of South
Burlington and Kelsey Monroe. Ms. Emery seconded. Motion passed unanimously.
13. Councilors’ Reports from Committee Assignments:
Ms. Riehle: The infrastructure bill has awarded the Airport $4,000,000 each year for 4 years.
Regarding money for noise mitigation, 19 homes came forward and all qualified. The Airport
has the money to design the changes this spring will building to take place in the summer. Work
will be done by the end of the year. The hope is to do 50 homes this year. In addition, the Cares
Act has granted $1,400,000 for the local share of the FAA grant. The Airport also received
$7,600,000 under the American Rescue Act. Parking revenues are up to 72% of pre-COVID
numbers; other revenues are up 80%. There is no word yet on the search for an Airport
Manager.
Ms. Emery: The scheduled meeting of the Airport Rezoning Committee was rescheduled to
17 February due to the snowstorm. The following meeting will be on 13 March.
CITY COUNCIL
7 FEBRUARY 2022
PAGE 11
14. Other Business:
No other business was presented.
As there was no further business to come before the Council Sen. Chittenden moved to
adjourn. Ms. Emery seconded. Motion passed unanimously. The meeting was adjourned at
10:12 p.m.
_________________________________
Clerk
CITY COUNCIL 7 MARCH 2022
The South Burlington City Council held a regular meeting on Monday, 7 March 2022, at 6:30
p.m., in the Auditorium, 180 Market Street, and by Go to Meeting remote participation.
MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, Sen. T. Chittenden, M. Cota
ALSO PRESENT: J. Baker, City Manager; A. Bolduc, Deputy City Manager; M. Kiey, B. Sirvis, M.
Ostby
1. Instructions on exiting building in case of emergency and review of technology
option:
Ms. Baker provided instructions on emergency exit from the building and reviewed technology
options.
2. Additions, deletions or changes in the order of Agenda items:
No changes were made to the Agenda.
3. Comments and questions from the public not related to the agenda:
Ms. Ostby expressed concern that a letter sent by the former city manager was disrespectful
and that he may have not acted timely enough in a sensitive personnel matter concerning the
police department. In light of this, she asked that his name on the Senior Center be removed.
4. Announcements and City Manager’s Report:
Ms. Emery and Sen. Chittenden cited the need for sidewalk repair on Williston Road, Airport
Parkway and Airport Drive. Mr. Barritt noted that it is also ‘pothole time.’
Ms. Baker: There were 28 reported COVID cases last week, an increase of one from the
previous week.
The Planning Commission has warned the next public hearing for LDR updates for
22 March. The updates will come to the Council in April. The Commission has prioritized the
generic PUD and done yeoman work.
The final tax payment is due 15 March.
Registration of dogs and cats is ahead of last year.
CITY COUNCIL
7 MARCH 2022
PAGE 2
The City has received the latest local option tax money which is ahead of the FY 22
budget estimate. If that continues, it will result in a surplus.
VTrans will repave Route 7 from the Shelburne town line through South Burlington. Ms.
Emery asked about the possibility of a median and narrower lanes. Ms. Baker said that is not
part of the usual plan. Ms. Emery said she didn’t want to put a wrench in the works, but the
road is not pedestrian friendly. Ms. Baker said it may just require a striping adjustment. Staff
can explore that. Mr. Cota said Route 7 is a state highway, and the state will probably ignore the
city. He asked what the hours of work will be as they could affect traffic on Spear and Dorset
Streets. Mr. Barritt suggested reconsidering the “suicide lane” and just having room for
bicyclists. Mr. Chittenden noted those lanes are properly called “two-way center lanes.”
High School students will be painting a mural in the teen area of the Library.
The Veterans project is kicking off, and the Library is training staff for those services.
Effective today, Tom DiPietro is the new Public Works Director. Ms. Baker reviewed his
history with the City and noted he has done a fantastic job as Acting Director in the past few
months. Staff will work with his and his vision for the city.
Three new Police Officers were sworn in today and will be heading to the Police
Academy.
The sale of University Mall was completed today to Eastern Real Estate. Staff has met
with their representative several times.
5. Consent Agenda:
a. Approve and Sign Disbursements
b. Approval to apply for a 2022-2023 After school and Summer Expanding Access
Grant to support summer programming through Recreation
Ms. Emery moved to approve the Consent Agenda as presented. Sen. Chittenden seconded.
Mr. Barritt asked about veterinary services in the financial warrants. Mr. Bolduc said that was
for the Police dog.
CITY COUNCIL
7 MARCH 2022
PAGE 3
Mr. Barritt also asked about the purchase of a truck. Mr. Bolduc said that is a large hauler to
bring biomass to the Airport Parkway facility. It is brand new, and the city was fortunate to have
locked in the price early on.
In the vote that followed, the motion passed unanimously.
6. Consider an extension of the Mask Mandate currently in place:
Ms. Baker said the Governor is lifting the mandate on 14 March, and the City of Burlington has
already lifted its mandate. She added that if the Council takes no action, the city’s mandate will
expire at midnight tonight.
Ms. Emery favored ending the mandate due to low numbers, but said people should still feel
free to wear masks.
Sen. Chittenden proposed letting the mandate expire.
Mr. Cota said the mandate for Green Mountain Transit ends on the 18th of March.
Ms. Baker said the city can shift to an “encourage” position and can still offer masks at the front
door.
The Council took no action.
7. Consider entering executive session for the purpose of discussing Rudavsky vs. City
of South Burlington:
Mr. Barritt moved that the Council make a specific finding that premature general public
knowledge of civil litigation in the matter of Rudavsky v. City of South Burington and
confidential attorney-client communications made for the purpose of providing professional
legal services to the Council would clearly put the City at a substantial disadvantage. Ms. Emery
seconded. Motion passed unanimously.
Mr. Barritt then moved that the Board enter into executive session for the purpose of discussing
civil litigation in the matter of Redavsky v. City of South Burlington and receiving confidential
attorney-client communications made for the purpose of providing professional
Legal services to the Council, inviting Ms. Baker, Mr. Bolduc and Mr. McNeil to the session.
CITY COUNCIL
7 MARCH 2022
PAGE 4
Ms. Emery seconded. The motion passed unanimously.
The Council entered executive session at 7:05 p.m. and resumed open session at 7:27 p.m.
8. Possible approval of a Settlement Agreement in Rudavsky vs. City of South
Burlington:
Mr. Barritt moved that the City Council approve the agreement to settle reached between
Matthew Rudavsky and the City of South Burlington and authorize Chair Helen Riehle to execute
the settlement agreement and all related documents on behalf of the City of South Burlington.
Ms. Emery seconded. Motion passed unanimously.
9. Convene as the South Burlington Liquor Control Commission:
Ms. Emery moved to convene as Liquor Control Commission. Mr. Barritt seconded. Motion
passed unanimously.
Members considered the following license renewals:
Alpine Waffle Cabin (NEW), 1st Class License; Barnyard, 1st and 3rd Class Restaurant/Bar License
and Outside Consumption Permit; Catering by Dale, 1st Class &
Champlain Farms-Exxon, 2nd Class License; Champlain Farm South Burlington, 2nd Class License;
Club 35, 1st Class & 3rd Class Restaurant/Bar License; CVS Pharmacy #10690, 2nd Class License;
Doubletree by Hilton, 1st Class, 2nd Class & 3rd Class Restaurant/Bar License and Outside
Consumption Permit; 802 Cocktails, LLC, 1st Class & 3rd Class Commercial Caterer License; Koto
Restaurant, 1st Class & 3rd Class Restaurant/Bar License and Outside Consumption Permit;
Marco’s Pizza, 1st Class License, Mill Market & Deli, 2nd Class License; Moe’s Southwest Grill, 1st
Class License; Loyal Order of Moose Lodge #1618, 1st Class & 3rd Class Restaurant/Bar License
and Outside Consumption & Entertainment License; Olive Garden #1520, 1st. Class & 3rd Class
Restaurant/Bar License; Pulcinella’s LLC, 1st Class & 3rd Class Restaurant/Bar License and Outside
Consumption Permit; The Rotisserie, 1st Class & 3rd Class Restaurant/Bar License and Outside
Consumption Permit; Trader Joe’s #517, 2nd Class License; Windjammer Restaurant, a 2nd
Outside Consumption Permit (8:10-8:20 p.m.)
Ms. Emery moved to approve the liquor and entertainment licenses as presented. Mr. Cota
seconded. Motion passed unanimously.
CITY COUNCIL
7 MARCH 2022
PAGE 5
Ms. Emery moved to reconvene as City Council. Mr. Barrit seconded. Motion passed
unanimously.
10. Reports from Councilors on Committee Assignments:
Ms. Emery reported that the Airport Rezoning Task Force heard from the consultant that they
have 3 options: approve, disapprove, or suggest an alternative. The consultant also noted that
there is the possibility of a legal case for depriving the Airport of economic value of the land
that was purchased with FAA money. At the next Task Force meeting, the consultant will
present 3 memos, one denying the request, one delaying action on the request until there is a
revised Comprehensive Plan, and one establishing dimensions of potential structures, possibly
setbacks, berms, plantings, etc. There will be another public meeting, possibly on the second
Thursday in April.
Mr. Cota said there will be no Green Mountain Transit strike as rural bus drivers have agreed to
a contract. There are still reduced services because of a lack of drivers. Mr. Cota encouraged
anyone who is interested and qualified to apply.
11. Other Business:
No other business was presented.
12. Consider entering executive session for the purpose of discussing pending
litigation:
Mr. Barritt moved that the Council make a specific finding that premature general public
knowledge of civil litigation to which the city is a party and confidential attorney-client
communications made for the purpose of providing professional legal services to the Council,
would clearly place the City at a substantial disadvantage. Ms. Emery seconded. Motion passed
unanimously.
Mr. Barritt then moved that the Council enter into executive session for the purpose of
discussing civil litigation to which the city is a party and receiving confidential attorney-client
communication made for the purpose of providing professional legal services to the Council,
inviting into the session Ms. Baker, Mr. Bolduc, Mr. Conner, and Mr. McNeil. Ms. Emery
seconded. Motion passed unanimously.
CITY COUNCIL
7 MARCH 2022
PAGE 6
Following the executive session, as there was no further business to come before the Council
Mr. Barritt moved to adjourn. Sen. Chittenden seconded. Motion passed unanimously. The
meeting was adjourned at 8:07 p.m.
_________________________________
Clerk
CITY COUNCIL 4 APRIL 2022
The South Burlington City Council held a regular meeting on Monday, 4 April 2022, at 6:30
p.m., in the Auditorium, 180 Market Street, and by Go to Meeting remote participation.
MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, Sen. T. Chittenden, M. Cota
ALSO PRESENT: J. Baker, City Manager; A. Bolduc, Deputy City Manager; C. McNeil, City
Attorney; P. Conner, Director of Planning & Zoning; T. DiPietro, Director of Planning & Zoning; J.
Louisos, R. Doyle, S. Babbitt, T. Barnes, C. Friedman, A. Chalnick, J. Manley, A. Klugo, L. Bailey, M.
Murray, D. Casey, K. Boyd, L. Kupferman, A. Parker, S. Quinn, R. Harnish, A. Wakefield, D. Peters,
S. Dooley, B. Milizia, P. Engels, S. O’Brien, C. Trombly, J. Bellevance, Rebecca, Wayne, E. Krasnow,
S. Dopp, J. Stern
1. Instructions on exiting building in case of emergency and review of technology
option:
Ms. Baker provided instructions on emergency exit from the building and reviewed technology
options.
2. Additions, deletions or changes in the order of Agenda items:
Members agreed to table item #7 as the presenter was dealing with a family illness.
3. Comments and questions from the public not related to the agenda:
No issues were raised.
4. Announcements and City Manager’s Report:
Members reported on meetings and events they had attended.
Mr. Cota noted that Sister Janice Ryan, who meant a lot to the State of Vermont, passed away
last week.
Sen. Chittenden noted that 302 schools need to undergo PCP testing. This can’t all happen at
the same time, and so an extension is being requested.
Ms. Riehle suggested a Steering Committee meeting in late summer at which time the new
Superintendent of Schools can be welcomed. She also noted that the city is developing an RFP
CITY COUNCIL
4 APRIL 2022
PAGE 2
for a demographer for both the city and the schools and are looking to use ARPA money for this
and to connect it to the update of the city’s Comprehensive Plan.
Ms. Baker: Regarding Planning & Zoning staffing, this is being driven by 3 major projects:
updating the permitting process, the Comprehensive Plan update, and climate action. The goal
is to determine the best model (e.g., a staff person, a consultant, etc.). CCRPC is unable to help
this year as their people are dedicated elsewhere. A mid-year budget request is anticipated.
Mr. Cota commented that this will get even more complicated with the transformation of
University Mall.
Regarding a request for waste bins on major city streets, staff is working on
having something on Market Street where building staff can maintain them. This is not possible
on other streets.
The city is transitioning to Office 365. This will result in a change in emails. The
IT Director will be at the Council in May to walk members through the process.
Hardware is being updated at the flashing crosswalk signals.
The proposed paving list is on the city’s website. It includes Gregory Drive,
Mountain View Boulevard, and Victoria Drive among other streets. If the city gets the grant for
Dorset Street, that list may change.
Work is underway to provide after hours adult fitness classes.
Ms. Emery noted that the Police Chief has called the incident on Williston Road “an outlier,” but
said people should not be complacent. There are not enough officers to offer self-defense
classes (one of the “frills” that were cut).
5. Consent Agenda:
a. Approve and Sign Disbursements
b. Approve minutes from 22 February, 3 March, and 21 March City Council
meetings and 28 February Steering Committee meeting
c. Approve grant application request by the Natural Resources & Conservation
Committee to submit an Association of Vermont Conservation Commissions
grant
d. Approve VTRANS Grant Application for the paving of Dorset Street
CITY COUNCIL
4 APRIL 2022
PAGE 3
Mr. Barritt asked why the city isn’t doing Dorset Street. Mr. DiPietro said it would use all the
money in the FY23 budget.
Mr. Barritt moved to approve the Consent Agenda as presented. Ms. Emery seconded. Motion
passed unanimously.
6. Consider approval of a Resolution Condemning the Invasion of Ukraine:
Mr. Barritt noted that in the past 2 weeks, the situation has gotten worse, and there are now
atrocities occurring with the indiscriminate killing of civilians. He said the Resolution is “a drop
in the bucket,” but at least it makes a start.
Ms. Emery said the Council has to move on this because democracy is at stake. She also noted
this is the first decision the Council will have made regarding a war.
Ms. Emery then moved to approve the Resolution Condemning the Invasion of Ukraine. Mr.
Barritt seconded. Motion passed unanimously.
7. Receive a presentation on a Declaration of Inclusion and consider adoption:
Mr. Bolduc noted this is an initiative that began in 2021. There have been discussions with staff,
and this is an opportunity for the Council to weigh in.
Mr. Harnish said he was pleased that the city already has an Equity Committee. He said the goal
is to have Vermont become known as a great place for all to live and to raise their families.
They are asking every town to adopt and implement a Declaration of Inclusion” which would
indicate that they are open and welcoming to all people including “disparaged groups.” Forty-
two towns have already adopted such a Declaration, either with the words provided or slightly
modified.
Mr. Harnish said the country has been trying to come to grips with equal rights for 200 years,
and it’s not there yet. He stressed that there are both moral and economic reasons to adopt a
Declaration of Inclusion. The 2020 census indicated that Vermont grew barely 2% in 10 years.
Rutland actually lost population. That is a frightening prospect for the future of the state, and
there is an effort underway to bring graduating college students here. Middlebury has already
hired a consultant to conduct “implicit bias” training for staff.
CITY COUNCIL
4 APRIL 2022
PAGE 4
Mr. Wakefield noted that Governor Scott has issued 2 proclamations and declared the second
week in May as “Inclusion Week.” There is also a connection being formed with the Vermont
Interfaith Action group. The hope is that all towns will adopt a Declaration of Inclusion.
Ms. Riehle asked if they have worked with School Boards. Mr. Wakefield said they have not,
only with towns. Mr. Harnish said some School Boards have adopted their own statement of
inclusion.
Mr. Wakefield stressed that implementation is the second part of the project, the “teeth part.”
Ms. Riehle cited the need to be aligned with a community’s goals so success can be measured.
Mr. Bolduc said staff will tailor the Declaration to South Burlington and bring it back to the City
Council.
Mr. Barritt said he fully supports this and cited the need to repeat the words over and over
again for it to take hold. He also felt there should be a “pledge of inclusion.”
Ms. Emery questioned whether “inclusion” should be changed to “welcome.” Mr. Wakefield
said “welcome” is part of it, but it is important to maintain the spirit and intent.
Ms. Riehle noted there is a staff meeting on the 6th and suggested this be part of that
discussion. The Council can then look at getting the funding needed for implementation. She
also felt it is important to connect with the School Board so the 2 groups can work together.
8. Interviews with applicants for mid-term appointment to the Planning Commission,
Development Review Board, and Public Arts Committee:
The Council interviewed the following people for committee appointments:
Cindy Freeman ………………. DRB (first choice) and Planning Commission
Andrew Chalnick ……………. Planning Commission
Ryan Doyle …………………….. Planning Commission (Bike/Ped 2nd choice)
Leslie Black-Plumeau ……… Planning Commission
Sophia Babbitt ……………….. Public Art Committee
Tyler Barnes …………………… Planning Commission (first choice), DRB
Jessica Manley ………………… Public Art Committee
CITY COUNCIL
4 APRIL 2022
PAGE 5
Ms. Luisos commented that the Planning Commission is losing a person who provides technical
and construction expertise and approaches things with an eye toward feasibility and practicality.
She was hopeful that the appointed person would be able to provide those elements.
9. Approve a fund balance allocation from the Sewer Fund for headworks repairs at
the Airport Parkway Wastewater Treatment Plant:
Mr. DiPietro noted that there are a variety of issues. They are asking for $100,000 for repairs in
the area where water first enters the facility. There is also the need to clean up the “grit
chamber” so grit does not start to go through the facility. It will take about 6 weeks to order
and get the needed materials. They hope to have everything installed before fall.
Ms. Emery moved to approve the fund balance allocation for repairs at the Airport Parkway
Wastewater Treatment Plant. Sen. Chittenden seconded. Motion passed unanimously.
Mr. DiPietro said he would like to come back in a few weeks regarding upgrading at the Bartlett
Bay Plant. Its 20 years are up, and there will need to be a bond vote to supplement grant funds.
Timing for this will be worked out with the City Manager, possibly for the March vote.
10. Receive Draft Amendment to the Land Development Regulations (General Planned
Unit Development & Site Amenities) and consider warning a public hearing; and
note receipt of proposed modification to these amendments from Councilor Cota:
Mr. Conner reviewed the history. He noted that as the Planning Commission was working on a
3rd PUD type to address a “missing piece,” they felt the tool could be expanded to a “General
PUD” to provide flexibility to deal with individual circumstances. They also considered a “basic
site amenity” for anything other than a single family or duplex dwelling. Language has been
provided to address how the DRB can look at transitions.
Ms. Louisos said the question arose as to how much detail to provide, and Commission has
agreed to “circle back” to address some concerns (e.g., TDRs).
Sen. Chittenden noted that one criticism of the LDRs was a concern regarding PUDs from
developers. He asked whether they are on board with what is being provided. Mr. Conner
explained the issue with the original LDRs and noted the DRB can now address some of those
CITY COUNCIL
4 APRIL 2022
PAGE 6
concerns, especially regarding lot size. This also applies to minor amendments to an existing
PUD.
Mr. Cota said this is what he wanted in his previous package, and he appreciated the speed with
which it has been provided. He stressed the need to be creative when something is not in
everyone’s best interest. He said there are times when parking in the rear isn’t appropriate, and
there has to be give and take to insure that what is created is beautiful.
Mr. Conner then explained the amendment regarding parking in front of a building. He
explained that federal use of the term “fence” as a secure entry point established by the FAA. If
an entire building is within that “fence,” the DRB can approve parking in front of the building.
This applies only to a publicly owned airport and applies to the entire area of that airport. It
does not apply to land outside the “fence” which is zoned for something other than “airport.”
Mr. Conner suggested setting a public hearing for 2 May, 7:30 p.m.
Ms. Emery moved to hold a public hearing on proposed amendments to the Land Development
Regulations (General Planned Unit Development and Site Amenities) for 2 May 2022, at 7:30
p.m. Sen. Chittenden seconded. The motion passed unanimously.
Mr. Barritt noted that you inevitably run up against situations you didn’t expect, and the
General PUD is an example of this. He noted the Council has been accused of not being
favorable to business, but he felt nothing could be further from the truth.
11. Consider prioritizing adopting a Short-Term Rental Ordinance and associated
implementation steps:
Ms. Emery noted the number of people she had consulted and received input from for this
proposed ordinance. She feels there is an urgency to this as there are people who cannot afford
a house, and residency can give a person a “leg up” for a job. She noted that “short-term”
housing has become a real investment, and people are being evicted from their residences as
buildings are being sold for this use. She cited research on cities with short-term rental
ordinances and noted that their affect involves taxes and the hotel industry as well as housing
issues. People have been renting out entire houses as short-term rentals, which is illegal, and,
in many cases, are not paying the appropriate taxes on this income.
CITY COUNCIL
4 APRIL 2022
PAGE 7
Sen. Chittenden said he is not opposed to this discussion but would welcome it sometime this
summer. If bill S-10 doesn’t pass, he would want to expand it, but it would have to be done in a
thoughtful manner.
Mr. Barritt said he would like to know what Burlington went through with the bill that the
Mayor recently vetoed. He also would like to hear from the Fire Chief regarding hard wiring for
smoke detectors for short-term rentals. Violators should be immediately notified. He was also
concerned with collecting on the sales tax so the city’s local option tax could be collected.
Ms. Riehle said the Council also has to know what kind of staff is required to oversee this and
whether it would be a high priority.
Mr. Barritt said he would like it to be on the work plan but not over-riding everything else.
Ms. Baker said this would be “heavy” on legal research. She suggested this might be a regional
rather than a local issue. She noted the city is now in negotiations with 3 bargaining units, is
dealing with climate change, an affordable housing RFP, and use of ARPA funds. She didn’t feel
they could solve the 1% local option tax issue as that would have to be a state issue.
A straw poll of members indicated that Ms. Riehle, Sen. Chittenden, and Mr. Cota favored
holding off until next year. Ms. Emery wanted to address it now. Mr. Barritt said he was “in the
middle” but did want to deal with violations as soon as possible.
Ms. Baker will provide input from the administrative team as to the effort it would take to build
the ordinance, etc.
12. Convene as South Burlington Liquor Control Commission to consider the following:
Parkway Diner, 1st Class & 3rd Class Restaurant/Bar License; Silver Palace, 1st Class &
3rd Class Restaurant/Bar License; Walgreen/s #11526, 2nd Class License:
Sen. Chittenden moved that the Council convene as Liquor Control Commission. Mr. Barritt
seconded. Motion passed unanimously.
Sen. Chittenden moved to approve the liquor license applications as presented. Ms. Emery
seconded. Motion passed unanimously.
CITY COUNCIL
4 APRIL 2022
PAGE 8
Sen. Chittenden moved that the Commission reconvene as City Council. Ms. Emery seconded.
Motion passed unanimously.
13. Possible Executive Session to consider applications for appointment to South
Burlington Boards, Commissions and Committees and deliberative session:
Mr. Barritt moved that the Council enter into executive session for the purpose of discussing the
evaluation and appointment of applicants to South Burlington City Committees and Boards. Ms.
Emery seconded. Motion passed unanimously.
The Council entered executive session at 10:38 p.m. and returned to open session at 11:10 p.m.
By a motion made and duly seconded, and approved 4-0, the following appointments were
made: Andrew Chalnick to the Planning Commission, and Jessica Manley to the Public Art
Committee. As one applicant for the DRB was unable to be present to be interviewed, the
Council agreed to delay that appointment until the next regularly scheduled meeting.
14. Councilors’ Reports from Committee Assignments:
Ms. Riehle: At a regularly scheduled meeting with school leadership, discussion focused on
appointments from the School District to the City Charter Committee, which will be on their
next agenda, the Superintendent search being led by Michele Boyer, impact fees, and the
potential bond outlook (not anticipated until 2024).
15. Other Business:
No other business was presented.
As there was no further business to come before the Council Ms. Emery moved to adjourn.
Mr. Barritt seconded. Motion passed unanimously. The meeting was adjourned at 11:15
p.m.
_________________________________
Clerk
South Burlington Sextons Annual
Report for 2022
Donna Kinville, Chair
Chris Thrane, Vice-Chair
Maureen O’Brien, Secretary
Peter Taylor
Agenda
•Review of Sexton vs Cemetery Commission roles
•Report on process of 2019 List of to do’s with updated
timeline
•New lot fees?
•Headstone cleaning and repair on July 9 Shelburne Rd
•Eldredge fencing and headstone cleaning and repair
•Shelburne Rd Cemetery
•Future considerations
SB Sextons:
Appointed Members (Summer 2021):
•Donna Kinville
•Chris Thrane
•Maureen O’Brien
•Peter Taylor
SB Cemetery Commission:
SB Cemetery Commission (De Facto):
•Tim Barritt
•Thomas Chittenden
•Matt Cota
•Meaghan Emery
•Helen Riehle
A sexton is an officer … charged
with the maintenance of … the
surrounding graveyard.
Origin of the name: Derive from the Medieval Latin
word sacristanus meaning "custodian of sacred
objects". "Sexton" represents the popular
development of the word via the Old French
"Segrestein".
https://en.wikipedia.org/wiki/Sexton_(office)
The town selectboard has control
and oversight over the town’s
public burial grounds unless the
town has voted to elect cemetery
commissioners. 18 V.S.A. §5367.
Digging Deep; Revised October 2017. Published by
Vermont Secretary of State Jim Condos
digging-deep-2017.pdf (vermont.gov)
Items identified in 2019 to be done
•Accurate Listing of All Resting Souls
•Grave Stone Alignment & Repair
•Fencing
•Lot Pricing
•Benches, Brush and Beautification
Accomplishments since last report
•Partial Sonar of cemeteries to verify open areas
•In conjunction with the Vermont Old Cemetery Association (VOCA) the Shelburne Road cemetery is scheduled for headstone cleaning and straightening on July 9, 2022
•Shelburne Road Cemetery fence and Swale Area Brush Clearing –1st round done in September 2021. Another one to be scheduled for this fall
•Calibrate SB Lot Pricing with Neighboring Municipalities
Scheduled for this summer/fall
Long term plans
Completed
2019’s Proposed Timeline of Recommended Actions
in months and progress made (red is where we are now)
0 10 20 30 40 50 60 70
Sonar Service
Cemetery Head Stone Straightening
Shelburne Road Cemetery Fence line Brush…
Make and record formal plat of each…
Calibrate SB Lot Pricing with Neighboring…
Improve fencing
Park Benches
Pricing and size of lots
We did a comparison of South Burlington’s lot sizes verses other neighboring municipalities and found that:
1)Our lot size is consistent with other municipalities with a lot size of 3 ½ feet by 10 feet.
2)Our lot prices could be raised. The Sexton’s recommend an increase in the lot price:
•$400 up to $500 for residents
•$600 up to $700 for non-residents.
In comparison, Burlington is $700 for residents and $1,200 for non-residents and Essex’s website shows $600
3) Some cemeteries sell lots for just urns. Should lots be sold only for urns? Smaller lot sizes? Price?
July 9, 2022 Headstone Cleaning
VOCA will be joining us to help
clean and straighten the
headstones in the Shelburne Rd
cemetery
We will take what we learned
and will clean and straighten
the headstones at Eldredge
sometime this summer/fall.
Eldredge Fencing Issues
Eldredge Fencing
THEN:
NOW:
Fence hit
approximately
4-5 years ago
Shelburne Road Cemetery
Shelburne Road Cemetery is often wet
and the sextons wonder whether it
should still be open for new plot sales?
Should instead we redesign the
cemetery around existing lot sales and
install columbarium’s in the cemetery?
Create a reflecting area strategically placed in the cemetery
and Shelburne Rd Cemetery sign?
Shelburne Road Cemetery
Fencing in disrepair and need of brush clearing
Possible Spot
for Reflection
Benches
Swale Area to
Be Cleared
Our worklist
Make and record formal plat of each cemetery.
Finish clean up of Shelburne Rd cemetery
Cleaning and straightening of stones in both cemeteries
Improve Fencing.
Reflection areas
Future Consideration by
Cemetery Commission
•Shelburne Rd’s future
•Rules and Regulations
•Fees
•Deed Form Approval
180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sbvt.gov
MEMORANDUM
TO: South Burlington City Council
Jessie Baker, City Manager
FROM: Paul Conner, AICP, Director of Planning & Zoning
Kelsey Peterson, City Planner
SUBJECT: Public Hearing and Possible Action on Draft Land Development Regulations
DATE: May 2, 2022 City Council Meeting
This week’s meeting will include the Council’s public hearing on the draft amendments to the Land
Development Regulations. This draft includes the changes approved by the City Council on April 4th.
Following the Council’s April 4th meeting, a copy of the changed draft was provided to the City Clerk and
Planning Commission in accordance with 24 VSA 4442(b). In accordance with that same statute, the Planning
Commission reviewed the changes at their April 12th meeting and updated their Report. The Report revision,
approved 6-0, is enclosed.
Enclosed with your packet are:
1. Public Hearing Notice for May 2, 2022 Public Hearing
2. Redline version of Draft Amendments to the Land Development Regulations as warned
3. Amended Planning Commission Report on draft amendments
Staff has received no public comments on the draft since the Council’s warning of the hearing.
Recommended Public Hearing Council Actions:
Motion to open Public Hearing: I move to open the Public Hearing on the proposed amendments to the
Land Development Regulations as warned for the May 2nd, 2022 City Council meeting.
Recommended motion to close Public Hearing: I move to close the Public Hearing on the proposed
amendments to the Land Development Regulations as warned for the May 2nd, 2022 City Council meeting.
Council possible actions following the public hearing:
Following closure of the hearing, the Council may elect to adopt the draft Regulations, or to make changes,
which would require an additional public hearing.
A possible motion for adoption would be: “I move to adopt proposed amendments #LDR-22-01, LDR-22-02,
LDR-22-03, and LDR-22-04 as warned for the May 2nd, 2022 City Council meeting.”
180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sbvt.gov
PROPOSED AMENDMENTS to the SOUTH BURLINGTON
LAND DEVELOPMENT REGULATIONS
Public Hearing Tuesday, May 2, 2022 at 7:30 pm
PLEASE TAKE NOTICE that the City Council will hold a public hearing on Monday, May 2, 2022 at 7:30 PM to
consider amendments to the Land Development Regulations. The amendments affect all parts of the City
unless otherwise specified below. The hearing will be held in person and remotely via GoToMeeting.
Participation options:
• In Person: City Hall Auditorium, 180 Market Street
• Interactive Online: https://meet.goto.com/SouthBurlingtonVT/city-council05-02-2022
• Telephone: 1 (224) 501-3412; Access Code: 535-475-989
The purpose of the hearing is to consider the following:
A. LDR-22-01: Establish a General Planned Unit Development Type for new PUDs and amendments to
existing PUDs (Article 15.C, Section 3.07)
B. LDR-22-02: Establish Site Amenity requirements for new development, expansions, or residential
conversions subject to site plan review; add additional allowable Site Amenity types, and allow partial
credit to Site Amenity and Civic Space requirements for nearby publicly-accessible civic spaces & parks
(Sections 14.06, 15.A.16; Article 11.B)
C. LDR-22-03: Augment Site Plan review standards of Relationship of Structures to the Site, and of
Relationship of Structures and Site and to Adjoining Area (Section 14.06).
D. LDR-22-04: Minor and technical amendments to include:
a. Adjust Master Plan applicability for single-user lots (Article 15.C)
b. Definitions updates and corrections (Sections 2.02, 8.08)
Copies of the proposed amendments are available for inspection at the Department of Planning & Zoning,
City Hall, 3rd Floor, 180 Market Street, and on the city website at www.sbvt.gov.
Helen Riehle, City Council Chair
April 14, 2022
South Burlington Land Development Regulations
Warned for City Council Public Hearing
City Council Public Hearing May 2, 2022
Page 1 of 1
2 DEFINITIONS
2.02 Specific Definitions
. . .
Inclusionary ownership unit. A dwelling unit:
(1) The sales price for which does not exceed the maximum price for a household with a gross annual
income that does not exceed 80% of the median income for the Burlington-South Burlington Metropolitan
Statistical Area (MSA), as calculated using a United States Department of Housing and Urban Development
(HUD) formula that defines a unit-specific household size based on dwelling unit size (i.e. number of
bedrooms); and
(2) Which is owned by its inhabitants, whose gross annual household income at time of purchase
does not exceed 100% of the median income for the Burlington-South Burlington MSA, adjusted for the
household size; and
(3) The sales price for which shall remain perpetually affordable to households with a gross annual
household income that does not exceed 80% of the median income for the Burlington-South Burlington
MSA;
Note the unit-specific household size based on the number of bedrooms and the actual household size of
the purchasing household do not have to be the same.
Inclusionary rental unit. A dwelling unit:
(1) The rent for which does not exceed the maximum price calculated for a household with a gross
annual income that does not exceed 80% of the median income for the Burlington-South Burlington MSA,
to which the unit is targeted, as calculated using a HUD formula that defines a unit-specific household size
based on dwelling unit size (i.e. number of bedrooms) to which the inclusionary unit is targeted; and
(2) Which is rented by inhabitants whose gross annual household income at time of initial occupancy
does not exceed 80% of the median income for the Burlington-South Burlington MSA, adjusted for the
household size; and
(3) The rent for which shall remain perpetually affordable to households with a gross annual
household income that does not exceed 80% of the median income for the Burlington-South Burlington
MSA;
Note the unit-specific household size based on the number of bedrooms and the actual household size of
the renting household do not have to be the same.
Inclusionary Unit. A dwelling unit that is either an Inclusionary Ownership Unit or an Inclusionary Rental Unit.
. . .
Inclusionary Unit. A housing unit that is affordable to a low- or moderate income household under
inclusionary zoning requirements.
. . .
Security Identification Display Area: As defined by 49 Code of Federal Regulations (CFR) §1542, as
revised.
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3 GENERAL PROVISIONS
. . .
3.07 Height of Structures
. . .
3.07 Height of Structures
. . .
D. Waiver of Maximum Height Requirements
(1) Larger Rooftop Apparatus. Larger Rooftop apparatus, as defined under Heights in these
Regulations, and steeples for places of worship that are taller than normal height limitations established
in Table C-2 above may be approved by the Development Review Board as a conditional use subject to
the provisions of Article 14, Conditional Uses.
(2) R12, IA, PR, MU, C1-Air, C1-LR, AR, SW, IO, C2, Mixed IC, AIR, and AIR-IND Districts.
(a) Except within a Planned Unit Development, an applicant may seek approval from the
Development Review Board for the height of one or more structures to exceed the limitation set forth
in Table C-2 for structures within these zoning districts. Within a Planned Unit Development, the
ability of an applicant to seek approval for a structure to exceed the limitation in Table C-2 is heights
are established by PUD type.
(b) Submittal requirements. Any request for additional height shall be made in writing at the time
of application for a Site Plan. The request must include the submittal of a plan(s) showing the
elevations and architectural design of the structure, pre-construction grade, post-construction grade,
and height of the structure, and any supplemental information the Development Review Board deems
necessary in order to render a decision.
(c) Standards of Review.
(i) Demonstration of Compliance with the Provisions of Section 14.06 and 14.07; and,
(ii) Demonstration that the proposed structure will not have an undue adverse effect on
scenic views from adjacent public roadways and other public rights-of-way.
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8 CITY CENTER FORM BASED CODE DISTRICT
. . .
8.08 Open Space Requirements
. . .
8.08 Open Space Requirements
D. General Civic Space / Site Amenity Notes
(1) In all Transect Zones, only Civic Space / Site Amenity areas meeting the requirements of
Appendix F Article 11.B and this article shall count towards the minimum qualifying requirements.
(2) In all Transect Zones landscaped parking lot dividers and median strips shall not be considered
qualifying Civic Space / Site Amenities. A divider between a parking lot and a qualifying street type
shall be considered qualifying where applicable and allowable.
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14 SITE PLAN and CONDITIONAL USE REVIEW
. . .
14.06 General Review Standards
Except within the City Center Form Based Code District, the following general criteria and standards shall be
used by the Development Review Board in reviewing applications for site plan approval. They are intended to
provide a framework within which the designer of the site development is free to exercise creativity,
invention, and innovation while improving the visual appearance of the City of South Burlington. The
Development Review Board shall not specify or favor any particular architectural style or design or assist in
the design of any of the buildings submitted for approval. The Development Review Board shall restrict itself
to a reasonable, professional review, and, except as otherwise provided in the following subsections, the
applicant shall retain full responsibility for design.
A. Relationship of Proposed Structures to the Site.
(1) The site shall be planned to accomplish a desirable transition from structure to site, from structure
to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking
areas. The DRB shall consider the following:
(a) Street Frontage. Maintain internally-consistent building setbacks and landscaping along the
street.
(b) Building Placement, Orientation. Maintain or establish a consistent orientation to the street
and, where a prevalent pattern exists, shall continue the manner in which the site’s existing building
foundations relate to the site’s topography and grade.
(c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between
existing, planned or approved development, and proposed development.
(d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability within
the area proposed for development.
(e) Solar Gain. Orient their rooflines to maximize solar gain potential, to the extent possible
within the context of the overall standards of these regulations.
(2) Parking:
(a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public
street shall be considered a front side of a building for the purposes of this subsection.
(b) The Development Review Board may approve parking between a public street and one or
more buildings if the Board finds that one or more of the following criteria are met. The Board shall
approve only the minimum necessary to overcome the conditions below.
(i) The parking area is necessary to meet minimum requirements of the Americans with
Disabilities Act;
(ii) The parking area will serve a single or two-family home;
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(iii) The lot has unique site conditions, such as a utility easement or unstable soils, that allow
for parking, but not a building, to be located adjacent to the public street;
(iv) The lot contains one or more existing buildings that are to be re-used and parking needs
cannot be accommodated to the rear and sides of the existing building(s);
(v) The principal use of the lot is for public recreation; or
(vi) The lot is located within the Mixed Industrial-Commercial Zoning District and meets the
following criteria:
(I) The lot is located in an approved subdivision where the parking on each lot in the
subdivision is proposed to be located between the building or buildings on each lot and the
public street so that a significant greenspace surrounded by buildings may be incorporated
similar to a college campus style “quad”, as detailed below.
(II) The parking on any lots that include a part of the greenspace shall be aligned in a
similar fashion so that the buildings are located between the greenspace and the parking and
so that the parking is located between the buildings and the public street to maintain the
integrity and continuity of the greenspace .
(III) The minimum required total area of the greenspace shall be 150,000 square feet. For
purposes of this subsection 14.07(B) (2)(b)(vi), “greenspace” shall be defined as a
consolidated and continuous landscaped area located across more than two lots in the
approved subdivision, similar in nature to a common open space, largely surrounded by
buildings, but shall not include building or impervious parking areas. The greenspace may
extend between buildings, but shall not extend beyond the building line of the principal
building on each lot that includes a portion of the greenspace. The greenspace shall consist
of pervious surfaces such as lawns, trees, plantings, wetlands, and gardens, and may include
impervious landscape features, such as path networks, sculptures, gazebos, water features,
footbridges, sitting areas, stone walls, and other features and amenities that may be built
within and throughout the greenspace in order to create a more attractive and enjoyable
environment. The area of the greenspace shall be calculated by measuring and adding the
portion of the total greenspace defined on the site plan for each lot in the approved
subdivision that includes a portion of the greenspace.
(vii) The lot is located within the Mixed Industrial-Commercial or Industrial & Open Space
Zoning Districts, and it is clear that the circulation and layout of the lot cannot reasonably be
designed in a manner to avoid conflicts between visitors / employees and the inherent operations
of the use(s) on the lot;
(I) In order to further reduce the likelihood of such conflicts, this exception to the
general requirements for parking is only available when the uses of the lot(s) are limited to:
1. Distribution and related storage
2. Light manufacturing
3. Manufacturing
4. Processing and Storage
5. Warehousing and Distribution
(II) The parking shall be limited as follows:
1. No more than 25% of the total parking on the lot shall be located between a public
street and the building(s);
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2. Parking shall be predominantly screened from the roadway with landscaping
features, and separated from the roadway’s sidewalks or multi-use paths by one or more
of the following Qualifying Open Spaces (as defined in Article 11.B, except for the location
standards which are superseded by this subsection): Pocket/Mini Park; Wooded area;
Community Garden; Enhanced Rain Garden; or Streetfront Open Space. The size of this
Open Space shall be sufficient to (1) create or extend a pleasant pedestrian experience
on the adjacent public sidewalk or recreation path, (2) largely screen parking from the
street right-of-way, and (3) provide for additional usable open space on the parcel. The
open space shall represent a minimum of 35% of the total square footage of the parking
spaces (not including circulation infrastructure) proposed to be located in front of the
building.
3. The minimum required landscaping budget established by the Development
Review Board pursuant to Section 13.04 shall increase by a percentage that is equivalent
to the percentage of the total parking that is proposed to be located between a public
street and the building(s) on a lot. Of this total increased landscaping budget, the
percentage that must be dedicated to installation of landscaping in the front yard shall be
equivalent to the percentage of the total parking that is proposed to be located between
a public street and the building(s) (e.g., if the minimum required landscaping budget
before any increase was $100,000, and if 10% of the total parking for the lot is proposed
to be located between a public street and the building(s), then the minimum required
landscaping budget shall increase by 10%, for a new total landscaping budget of $110,000,
and no less than 10% of the new total landscaping budget, or $11,000, must be dedicated
to installation of landscaping in the front yard).
4. The applicant shall construct a safe, paved pedestrian access from the street to
the building’s main entrance.
5. The parking layout and circulation shall not interfere with safe pedestrian access
from the street to the building’s main entrance.
(viii) The building, or a portion thereof, being served by the parking area is contained
within the Security Identification Display Area of a publicly-owned and operated airport.
(c) Parking area width. Surface parking areas and affiliated drive aisles located to the side of
buildings shall not exceed the width of building(s), Civic Spaces, and Site Amenities width along any
street frontage. This may be calculated separately or cumulatively for corner lots. Parking approved
pursuant to 14.07(B)(2)(b) shall be exempt from this subsection.
(d) For through lots, parking shall be located to the side of the building(s) or to the front of the
building adjacent to the public street with the lowest average daily volume of traffic. Where a lot
abuts an Interstate or its interchanges, parking shall be located to the side of the building(s) or to the
front adjacent to the Interstate. Parking areas adjacent to the Interstate shall be screened with
sufficient landscaping to screen the parking from view of the Interstate.
(3) Without restricting the permissible limits of the applicable zoning district, the height and scale of
each building shall be compatible with its site and existing or anticipated adjoining buildings.
C. Relationship of Structures and Site to Adjoining Area.
(1) The Development Review Board shall encourage the use of a combination of common materials
and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers,
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screens and visual interruptions to create attractive transitions between buildings of different
architectural styles.
(2) Proposed structures shall be related harmoniously to themselves, the terrain and to existing
buildings and roads in the vicinity that have a visual relationship to the proposed structures.
(3) To accomplish (1) and (2), the DRB shall consider:
(a) Pattern and Rhythm. Update or maintain or extend the overall pattern of development
defined by the planned or existing street grid, block configurations, position and orientation of
principal buildings, prevalence of attached or detached building types.
(b) Architectural Features. Respond to recurring or representative architectural features that
define neighborhood character, without adhering to a particular architectural style.
(c) Privacy. Limit impacts and intrusions to privacy on adjoining properties, including side and
back yard areas through context sensitive design.
D._____Site Amenity Requirement
(1) Sites are required to include a specific minimum area for appropriate Site Amenities. This
section does not apply to projects within the City Center FBC District (which are governed by Section 8.08).
(2) Applicability. Applications for the following shall be required to provide Site Amenities:
(a) Any non-residential development over 5,000 SF.
(b) Additions or expansions exceeding 5,000 SF for existing non-residential structures.
(c) Any residential development, including conversion of non-residential structures to residential
use.
(3) The required area shall be:
(a) For Non-Residential development, a minimum of 6% of non-residential building gross floor
area.
(b) For Residential development, determined by number of units as:
(i) For fewer than 10 units, 100 square feet per unit;
(ii) For 10 to 19 units, 85 square feet per unit; or
(iii) For 20 or more units, 60 square feet per unit.
(4) The DRB may, in its discretion, provide a credit for up to 50% of the required Site Amenity area if
the Applicant demonstrates a safe, walkable connection to an existing Civic Space or public park that is
accessible by the general public and located within five-hundred (500) feet of at least one pedestrian
access point for each building on the lot via a walking route and/or pedestrian way. A “safe, walkable
connection” shall not include or require crossing a four-lane road.
(a) The DRB may, in its discretion, give a partial credit for the required Site Amenity area if some
but not all the buildings on the lot have pedestrian access points located within five-hundred (500)
feet of the Civic Space or public park, as described in Section 14.06(D)(4), above.
(b) The DRB cannot provide any credit to replace the remaining 50% of the Site Amenity area.
14.07 Specific Review Standards
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In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply:
A. Environmental Protection Standards. All proposed development shall be subject to the applicable
requirements of Article 12, Environmental Protection Standards.
B. Site Design Features. All proposed development shall comply with standards for the placement of
buildings, parking and loading areas, landscaping and screening, open space, stormwater, lighting, and other
applicable standards related to site design pursuant to these Land Development Regulations.
C. Access and Circulation. All proposed development shall comply with site access and circulation
standards of Section 15.A.14.
D. Transportation Demand Management (TDM) [reserved]
E. Building Form. Development within the City Center Form Based Code District, the Urban Design
Overlay District, and other districts with supplemental building form standards shall adhere to the standards
contained therein.
F. Streetscape Improvements. A proposed new construction or extension/expansion of an existing
structure exceeding the thresholds listed in either (a) Section 14.09(B) or (b) Section 8.11(D) within the City
Center Form Based Code, or Section 3.11(D) in all other zoning districts, shall be required to upgrade adjacent
sidewalks, greenbelts, and related street furniture (trees, benches, etc.) to the standards contained within the
applicable Street Type and Building Envelope Standard. Nothing in this subsection shall be construed to limit
requirements for additional upgrades as necessary to meet the requirements of these Regulations.
F. Access to Abutting Properties. The reservation of land may be required on any lot for provision of
access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial
or collector street, to provide additional access for emergency or other purposes, or to improve general access
and circulation in the area.
G. Utility Services. Electric, telephone and other wire-served utility lines and service connections shall
be underground insofar as feasible and subject to state public utilities regulations. Any utility installations
remaining above ground shall be located so as to have a harmonious relation to neighboring properties and
to the site. Standards of Section 15.A.18, Infrastructure, Utilities, and Services, shall also be met.
H. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance
with any recycling, composting, or other requirements, shall be accessible, secure and properly screened with
opaque fencing to ensure that trash and debris do not escape the enclosure(s). Small receptacles intended for
use by households or the public (ie, non-dumpster, non-large drum) shall not be required to be fenced or
screened.
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15.A SUBDIVISION REVIEW
15.A.16 Blocks and Lots
. . .
B. Lots. All lots must be laid out to logically relate to topography and their intended use or purpose.
Building lots must be laid out within existing and planned street and block configurations, in such a way
that they can be developed in full compliance with their intended use and these Regulations. Unless
otherwise specified under these Regulations as applicable to the subdivision:
(1) All proposed lots must be numbered, as shown on subdivision plans and plats.
(2) The arrangement and configuration of lots must allow for the further subdivision of any
remaining developable land on the tract or parcel to be subdivided. Where proposed building lots
exceed minimum lot area requirements, the DRB may require that such lots be configured and
developed in a manner that allows for further subdivision and infill development.
(3) Building or other lots for existing or planned public facilities or uses, including public parks, as
shown on the City’s Official map or proposed for dedication to the City, must be labeled and shown
as such on the subdivision plan and plat.
(4) Unless otherwise specified under these Regulations, a minimum of ten percent (10%) of the
total buildable area within the developed portion of any Major Subdivision exceeding two acres in
size must be allocated to functionally integrated civic space lots, as shown on the subdivision plan and
plat.
(a) Required civic space must incorporate one or more allowed Civic Space Types under
Article 11.B and meet associated type requirements.
(b) Designated civic space lots must have frontage on or pedestrian access from an abutting
street. The entrance to a civic space that does not front on an abutting street must be readily
visible, apparent, and accessible from the street.
(c) Civic space lots must be identified on the subdivision plat, and in associated legal
documents, as Civic Space lots to be maintained and managed in single or common ownership.
(d) For Major Subdivisions under six (6) acres, the DRB may, in its discretion, provide a credit
for up to 50% of the required Civic Space area if the Applicant demonstrates a safe, walkable
connection to an existing Civic Space or public park that is accessible by the general public and
located within five-hundred (500) feet of at least one pedestrian access point for each building in
the subdivision, via a walking route or pedestrian way. A “safe, walkable connection” shall not
include or require crossing a four-lane road.
i. The DRB may, in its discretion, give a partial credit for the required Civic Space area if
some but not all buildings in the subdivision have pedestrian access points located
within five-hundred (500) feet of the Civic Space or public park, as described in Section
15.A.16, above.
ii. The DRB cannot provide any credit to replace the remaining 50% of the required Civic
Space area.
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15.B MASTER PLAN REVIEW
…
15.B.02 Applicability
…
15.B.02 Applicability
(A) Required Approval. Master plan review and approval by the DRB is required prior to preliminary
subdivision review under Article 15.A, or site plan review under Article 14, as applicable, for:
(1) Any Major Subdivision involving four (4) or more acres, except for any portion of Transect
Zone Subdivision within the City Center Form Based Code District.
(2) Any land subdivision or site development proposed to occur over two (2) or more phases, or
three (3) or more years.
(3) A Planned Unit Development under Article 15.C unless, at applicant request, Master Plan
review is waived by the DRB for a PUD on less than four (4) acres under 15.C.03.
(4) Multiple Structures on a Single-User Lot or Complex, in accordance with Section 3.09.
(5) The DRB may also require the submission of a Master Plan for any tract or parcel of land where
there exists clear potential for future growth and development beyond that presented in an
application, as necessary to establish physical and functional connections between areas of proposed
and potential future development.
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15.C PLANNED UNIT DEVELOPMENT
15.C.01 Purpose
15.C.02 Applicability
15.C.03 Planned Unit Development Review
15.C.04 General PUD Standards Applicable to All PUD Types
15.C.05 Conservation Development
15.C.06 Traditional Neighborhood Development
15.C.07 General PUD
. . .
15.C.02 Applicability
A._____Floating Zone. For purposes of these Regulations, a Planned Unit Development (PUD) is an
unmapped overlay zoning district or “Floating Zone,” as allowed or required within an underlying zoning
district, which is applied to a particular tract or parcel of land proposed for subdivision and development.
A PUD is intended to function as a more flexible, design-based zoning district in which conservation or
form-based design standards also apply to proposed development. Where PUD standards differ from
underlying zoning district, site plan, or subdivision standards, PUD standards shall apply.
B._____PUD Types. The following types of Planned Unit Development are authorized under these
Regulations by Zoning District (Table 15.C-1), subject to the associated provisions and standards of review
for each PUD type:
(1) Conservation Development (CON PUD) Section 15.C.05
(2) Traditional Neighborhood Development (TND PUD) Section 15.C.06
(3) General PUD Section 15.C.07
C._____Required Planned Unit Development. PUD review and approval by the DRB under this Article is
required for any subdivision and development of a tract or parcel with a total area of four (4) or more
acres within any zoning district listed for CON PUD and TND PUDs under Table 15.C-1. General PUDs are
not mandatory in any district.
D._____Elective Planned Unit Development. An applicant may elect PUD review, as allowed within
specified zoning districts, for the subdivision and development of any tract or parcel:
(1) Less than four (4) acres that qualifies as a Conservation PUD under Subsection 15.C.05, in
which fifty percent (50%) or more of the total tract area includes one or more Hazards or Level I
Resources identified for protection under Article 12.
(2) Where the General PUD type is allowed under Table 15.C-1 or Section 15.C.07(C).
E._____PUD Type by Zoning District. The types of PUD allowed within an underlying zoning district are
specified by district in Table 15.C-1.
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Table 15.C-1 PUD Types by Zoning District
PUD Type Underlying Zoning Districts
Conservation Development (CON PUD)
(1) R1-PRD, R1-Lakeshore, R1-Lakeview, R2,
Lakeshore, SEQ-NR, SEQ-NRT, SEQ-NRN, SEQ-VR,
SEQ-VC
(2) A tract or parcel in any PUD-allowed zoning
district in which a minimum of 50% of the total
tract or parcel area consists of Hazards and/or
Level I Resources (see Section 15.C.05)
Traditional Neighborhood Development (TND
PUD)
R1-PRD, R1-Lakeview, R1-Lakeshore, R2, R4, R7,
Lakeshore, Allen Road, Swift Street, R7-NC, SEQ-VR,
SEQ-VC
SEQ-NR, SEQ-NRN, SEQ-NRT, only in association
with a Conservation PUD, in a designated
Development Area with a minimum Buildable Area
of 4 acres
General PUD
(1) C1-R12, C1-R15, C1-AUTO, C1-AIR, C1-
LR, C2, IC, AIR, AIR-I, I-O, and IA.
(2) As described in Section 15.C.07(C).
(1) Planned Unit Development review under this Article does not apply to subdivision and
development within those zoning districts for which no PUD type is specified. In addition,
(2)All PUD types are prohibited within any zoning district not listed in Table 15.C-1; and
(2) All PUD types are prohibited within the SEQ-NRP Subdistrict; except for land on a tract or parcel
within the SEQ-NRP that is included for conservation within a Conservation PUD.
…
15.C.04 General PUD Standards Applicable to All PUD Types
. . .
D. Development Density.
…
(5) Minimum (Base) Density. To ensure densities of development that support the efficient use
of land and infrastructure, walkability, and transit-supportive development within a PUD, the
following minimum residential densities of development (Base Density), expressed as the minimum
number of dwelling units per acre of Buildable Area, apply within designated Development Areas
proposed for residential or mixed use development, unless otherwise specified by PUD type:
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(a) The minimum (base) density of residential development within a designated Residential
or Mixed Use Area, as specified by PUD Type, represents the minimum number of dwelling units
per acre (DU/A) that is either required or allowed by right under these Regulations, over one or
more phases of development under an approved PUD Master Plan.
(b) The required minimum (base) residential density within a designated Residential Area is
four dwelling units per acre (4 DU/A) or the maximum residential density allowed within the
underlying zoning district, whichever is greater, except within a Southeast Quadrant (SEQ) sub-
district. In the SEQ, the minimum (base) residential density is 4 DU/A.
(c) Within a designated Mixed Use Area, or within ½-mile of a transit route as shown on
Overlay District Map 2, the required residential base density is eight dwelling units per acre (8
DU/A) or the maximum residential density allowed within the underlying zoning district,
whichever is greater.
(d) The residential base density may also vary by subzone, as specified by PUD type, in
association with allowed housing types within that subzone.
(e) Accessory Dwelling Units (ADUs) shall not be included in the calculation of residential base
density or the minimum number of required dwelling units (residential yield).
(f) The minimum number of dwelling units required or allowed by right (residential yield)
within a designated Residential or Mixed Use area, excluding ADUs, may be calculated as:
(6) Nonresidential Base Density. There is no minimum (base) density or intensity requirement
for nonresidential development within a designated Development Area.
(7) Maximum Development Density. The maximum development density allowed within any
PUD except a Conservation PUD shall be determined based on the total buildable area, proposed land
use allocations by use category, the allowed mix of building types, and associated building lot
standards as specified by PUD type.
(a) The DRB may allow for an increase in the overall density of residential development within
a designated Residential or Mixed Use area, for example through adjustments or modifications to
the required housing mix, allowed housing types, or associated building lot or height standards,
as necessary to accommodate the following:
(i) The purchase and transfer of development rights from land within the SEQ-NRP or
SEQ-NRT Subdistrict (Section 9.05 Transfer of Development Rights).
Total Buildable Area (A) x Land Allocation (%) x Base Density (DU/A) = Min DUs (#)
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(ii) The incorporation of offset housing units under inclusionary zoning (Section 18.01
Inclusionary Zoning).
(iii) The incorporation of additional housing units awarded as an incentive for affordable
housing development under Section 18.01 Inclusionary Zoning).
(iv) The transfer of residential development density within a Conservation PUD from Level
I and other resource or open space areas identified for protection that are included in a
designated Conservation Area.
(v) Within a Conservation PUD the maximum residential development density within the
designated Development Area shall be capped as specified by zoning district under Section
15.C.05.
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15.C.07 General PUD 1
2
A.____Authority and Limitations. 3
(1) The Development Review Board (DRB) has the authority under 24 VSA § 4417 to review, to 4
approve, to approve with modifications and conditions, or to disapprove an application for a Planned 5
Unit Development (PUD), as further described in Section 15.C.01. 6
(2) Limitations on DRB authority under 14.04(A)(3)(b) apply. 7
(3) In addition, in no case shall the DRB vary: 8
(a) Density restrictions and/or allow an increase in overall density except as authorized via 9
use of Transferrable Development Rights or via Inclusionary Zoning. 10
(b) Requirements of the Urban Design Overlay District and Transit Overlay District, as 11
applicable. 12
(c) Applicable lot coverage and/or building coverage maximums allowed within each zoning 13
district, as measured across the PUD as a whole, except as authorized via use of Transferrable 14
Development Rights. 15
(d) Environmental Protection Standards under Article 12, except as authorized within that 16
Article. 17
(e) Parking and building location requirements in Section 14.06(A)(2), except as authorized 18
within that Section. 19
20
B.____General PUD Description, Purpose, and Characteristics. A General PUD is a type of planned 21
development that allows for relief from the strict dimensional standards for individual lots in order to 22
encourage innovation in design and layout and efficient use of land consistent with the Comprehensive 23
Plan. Defining characteristics of a General PUD include well-planned, -sited, and -designed development 24
projects that: 25
26
• Conform to the goals in the City of South Burlington Comprehensive Plan and South Burlington 27
City Council’s Resolution on Climate Change dated August 7, 2017. 28
• Support and enable affordable housing development. 29
• Contribute to the City’s economic vitality, in response to changing markets and consumer 30
demand, by providing needed housing, goods, services, and employment opportunities. 31
• Redevelop underperforming properties and commercial strips (retrofits), contaminated sites 32
(brownfields), and large expanses of parking (gray fields) into more compact forms of walkable, 33
pedestrian-oriented, mixed-use development. 34
• Extend or re-establish existing street, sidewalk, and recreation path connections. 35
• Incorporate a density of development that supports walkable residential, mixed use, and transit-36
oriented development, compatible in design with the surrounding area. 37
• Improve the physical appearance, walkability, and amount of civic and green space within existing 38
residential neighborhoods, commercial centers, and commercial strip development. 39
• Introduce missing or complementary uses, facilities, services, amenities, or civic space intended 40
to serve the immediate and surrounding area. 41
• Foster context-sensitive transitions among and between neighborhoods, commercial areas, 42
mixed use areas, civic spaces, and natural resource areas. 43
44
C. Applicability. A General PUD is an allowed PUD type in the following circumstances: 45
South Burlington Land Development Regulations
Warned for City Council Public Hearing
City Council Public Hearing May 2, 2022
Page 2 of 4
(1) Within the underlying zoning districts listed in Table 15.C-1 for General PUD. 1
(2) For amendments to General PUDs approved under this Section. 2
(3) For minor amendments to existing PUDs reviewed and approved under the LDRs in effect until 3
November 10, 2021, the final subdivision approval for which has not expired, regardless of zoning 4
district. 5
(a) An amendment shall be considered “minor” if it does not significantly alter the overall 6
intent or scale of the PUD, or the relationship of the approved PUD to its surroundings. A minor 7
amendment may incorporate additional land not in the PUD as previously approved, but only to 8
the extent that the additional land does not cause the PUD to exceed other requirements of this 9
section. 10
D._____Conformance with PUD Standards. In addition to the specific standards under this Section, all 11
standards in Section 15.C.04 shall also apply. Application and review process for a General PUD is 12
governed by Section 15.C.03. 13
14
E._____Context. For planning and design purposes, “Planning Area” is defined as the area within ¼-mile 15
of the lot or parcel to be developed, as measured from the lot line or delineated PUD boundary. 16
17
F._____General PUD Compatibility and Context Analysis 18
(1) Compatibility. PUD compatibility with the Planning Area, as determined from a detailed 19
analysis of the Development Context, shall be a primary consideration in General PUD project design, 20
and for DRB review and approval. 21
(2) “Development Context” is defined to include: 22
(a) The prevalent or recurring pattern and form of development within the Planning Area, 23
including established street grid and streetscape elements, blocks, lots, buildings and yard areas, 24
civic spaces, and parking arrangements, and 25
(b) The character of the Planning Area, as defined by: 26
(i) The planned character of an area planned for redevelopment by the City as identified 27
in the Comprehensive Plan; 28
(ii) Approved, to-be-built or recently built (within ten (10) years) development projects 29
in the Planning Area; 30
(iii) Any updates to the underlying zoning district(s) in the Planning Area within the 31
preceding ten (10) years; or 32
(iv) Zoning district purpose statements, allowed uses, and district-specific development 33
standards. 34
(c) Current zoning purpose statements, uses, and standards only if the DRB finds there is no 35
relevant information under 15.C.07(F)(2)(a) or (b)(i) through (b)(iii), or the DRB finds that there is 36
a clear, established neighborhood street, block, and lot pattern. 37
(3) Context Analysis. The applicant must submit a written Analysis of the Development Context 38
within the Planning Area, which, at minimum, includes the information required for Master Plan 39
review under 15.B.04(C) and: 40
South Burlington Land Development Regulations
Warned for City Council Public Hearing
City Council Public Hearing May 2, 2022
Page 3 of 4
(a) Hazards, and Level I and Level II Resources regulated under Article 12. 1
(b) Prevalent pattern of land subdivision and development in the Planning Area, as defined 2
by block lengths; lot size and front lot line lengths; front, side, and rear setbacks; building height 3
and coverage; and existing parking arrangements. 4
(c) Streetscape elements, including the placement, orientation, and spacing of buildings 5
along the street, existing and planned sidewalks, and existing or planned landscaping, street 6
furniture, and lighting. 7
(d) Building types and styles, including any prevalent or character-defining architectural 8
features. 9
10
G._____General PUD Dimensional Standards. 11
(1) Relevant subdivision, site plan, zoning district, and applicable overlay district dimensional 12
standards shall form the basis of the design of a General PUD and shall apply unless modified, reduced, 13
or waived by the DRB under (2) below. 14
(a) The DRB must find an application meets the requirements of 15.C.07(G)(2) in order to 15
modify, reduce, or waive Site Plan requirements using 14.04(A)(3), Site Plan application 16
requirements using 14.05(G), Subdivision requirements using 15.A.01(B)(3), Scenic Overlay 17
District requirements using 10.02(I)(2), (J), and/or (K). 18
(b) The DRB has authority to allow alternative compliance under 15.C.04(C)(3). 19
(c) Height restrictions may be modified, reduced, or waived in underlying zoning districts 20
identified in 3.07(D)(2) by the DRB under (2) below, except as noted in 15.C.07(C)(2)(b) above. 21
The standards of review in 3.07(D)(2) shall apply. 22
(d) The DRB cannot modify, reduce, or waive standards as listed in 15.C.07(A)(3). 23
(2) In response to the existing or planned Development Context in the Planning Area, the DRB 24
may modify, reduce, or waive one or more applicable dimensional standards as necessary to: 25
(a) Accommodate reductions in the available area associated with infill or redevelopment, 26
that result in insufficient acreage to meet applicable dimensional standards; or 27
(b) Allow for more creative and efficient subdivision and site layout and design that advances 28
the purposes of the underlying zoning district and/or the goals of the Comprehensive Plan, 29
particularly in response to existing site limitations that cannot be eliminated; or 30
(c) Ensure that the pattern and form of proposed development is compatible with existing 31
or planned Development Context in the Planning Area determined under 15.C.07(F) and to 32
Transition Zone standards in 15.C.04(E); or 33
(d) Allow for greater energy efficiency, use of alternative energy, green building design, or 34
otherwise furthering of the South Burlington City Council’s Resolution on Climate Change dated 35
August 7, 2017. 36
(3) Context shall be determined by the existing or planned Development Context in the Planning 37
Area under Section 15.C.07(F) and (G). 38
39
H._____Development Density. 40
South Burlington Land Development Regulations
Warned for City Council Public Hearing
City Council Public Hearing May 2, 2022
Page 4 of 4
(1) Development Density regulations and definitions included in Section 15.C.04(D) shall apply to 1
General PUDs. 2
(2) Development density within a General PUD is determined by maximum development density 3
in the underlying zoning district, except as follows. 4
(a) Density can be re-allocated within the PUD area within single zoning districts; 5
(b) Additional density may be achieved through either or both Inclusionary Zoning and 6
application of Transferrable Development Rights where specifically authorized by and as 7
regulated by Section 18.01 or Section 9.05. 8
9
I._____General PUD Design Standards 10
(1) Design Standards, Generally. The design for a General PUD shall comply with existing Site 11
Plan, Subdivision, and Overlay District regulations and standards, but may allow for variations from 12
applicable regulations that respond to and incorporate the development context within the Planning 13
Area and under the specific circumstances listed in Section 15C.09(G)(4). 14
(2) Streets. Streets within a General PUD must be compatible with and connect to existing and 15
planned public street, sidewalk, and path networks in the Planning Area. 16
(a) Street and block pattern requirements of the Subdivision regulations shall apply unless 17
waived by the DRB under Section 15C.09(G)(4). 18
(3) Parking. Parking design and building location requirements applicable in all underlying zones 19
and districts apply to General PUDs, including all requirements in Section 14.06(A)(2). 20
(4) Buildings. Buildings and associated building lots within a General PUD must be compatible 21
with the development context in the Planning Area as described under Section 15.C.07(F) and (G). 22
(5) Civic Spaces and Site Amenities. Civic Spaces and/or Site Amenities must be compatible with 23
the existing or planned development context. General PUDs must comply with applicable Civic Space 24
and/or Site Amenity requirements in Subdivision (Section 15.A.16(B)(4)) and Site Plan (Section 25
14.06(4)). 26
(a) Section 15.A.16(C)(4) requirement for minimum 10% of the total buildable area to be civic 27
space lots apply to General PUDs only for PUDs that involve subdivision of land resulting in three 28
(3) or more lots, not including the resulting lots that only contain civic space(s). 29
(b) In a General PUD, Civic Spaces required under Subdivision Regulations (Section 30
15.A.16(C)(4)) and under Site Plan Regulations (Section 14.06(4)) can be satisfied by a combination 31
of Civic Spaces, Site Amenities, or a combination, applied across the PUD area. 32
(6) Housing Mix. In a General PUD with more than four (4) residential dwelling units, a mix of 33
two or more dwelling unit types (as allowed within the applicable zoning district) must be provided as 34
described by Section 15.A.17. Types of dwelling units are differentiated by either housing type under 35
Article 11.C or, within multi-family structures with more than four (4) dwelling units, by number of 36
bedrooms per unit. 37
180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sbvt.gov
South Burlington Planning Commission
Proposed Land Development Regulations
Amendment & Adoption Report
In accordance with 24 V.S.A. §4441, the South Burlington Planning Commission has prepared the
following report regarding the proposed amendments and adoption of the City’s Land Development
Regulations.
Amended Report April 12, 2022:
On April 4, 2022, the South Burlington City Council made changes to the draft Land Development
Regulations approved by the Planning Commission. These changes include a modification to LDR-22-03,
site plan review standards of Relationship of Structures to the site, and to LDR-22-01, General PUD.
The Planning Commission has reviewed these changes pursuant to 24 VSA 4442(b), and has amended
this Report accordingly.
Outline of the Proposed Overall Amendments
A. LDR-22-01: Establish a General Planned Unit Development Type for new PUDs and amendments to
existing PUDs
B. LDR-22-02: Establish Site Amenity requirements for new development, expansions, or residential
conversions subject to site plan review; add additional allowable Site Amenity types, and allow
partial credit to Site Amenity and Civic Space requirements for nearby publicly-accessible civic
spaces & parks
C. LDR-22-03: Augment Site Plan review standards of Relationship of Structures to the Site, and of
Relationship of Structures and Site and to Adjoining Area.
D. LDR-22-04: Minor and technical amendments to include:
• Adjust Master Plan applicability for single-user lots
• Definitions updates and corrections
Brief Description and Findings Concerning the Proposed Amendments
A. LDR-22-01: Establish a General Planned Unit Development Type for new PUDs and
amendments to existing PUDs
Brief Description of the Proposed Amendment
2
This amendment would create a “General Planned Unit Development” Type to accompany the
existing “Traditional Neighborhood” and “Conservation” PUD types.
The General PUD would be permissible in zoning districts where the other two PUD types are not
available as options and for minor amendments to pre-existing PUDs approved under prior
regulations.
The General PUD would allow the Development Review Board to vary site plan, subdivision, and
other dimensional and design standards of the Land Development Regulations in order to better
achieve stated goals enumerated therein based on the needs of the site. The Development Review
Board may, for identified purposes, permit modifications to lot sizes, arrangement of buildings and
lots, building setbacks and heights, and re-allocation of density within the PUD. The General PUD
does not authorize increases in lot coverage, development density not otherwise allowed in the
Regulations, additional land uses, modification to the Environmental Protection Standards, or non-
dimensional / design standards such as inclusionary zoning or energy codes.
Findings Concerning the Proposed Amendments
The proposed amendments have been reviewed by the Planning Commission in the context of the
text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 1,
2016. The Commission has addressed the following as enumerated under 24 VSA 4441(c):
“…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall
include a statement of purpose as required for notice under section 4444 of this title, and shall include
findings regarding how the proposal:
1. Conforms with or furthers the goals and policies contained in the municipal plan, including the
effect of the proposal on the availability of safe and affordable housing.
The proposed General PUD is intended support the land use pattern envisioned through the
2016 Comprehensive Plan. The General PUD uses the City’s subdivision, site plan, zoning district
and general standards as the default and provides some flexibility in their application to meet
site-specific needs. A context assessment of the surrounding areas is required and provides
direction in the application of the standards. The General PUD will allow for site design and
layout that supports infill development, including housing, in difficult sites and where the
Development Review Board finds the intent of the Regulations are met. Relevant Comprehensive
Plan Objectives & Strategies:
Objective 3. Foster the creation and retention of a housing stock that is balanced in size and target income
level, is representative of the needs of households of central Chittenden County, and maintains an efficient
use of land for use by future generations.
Objective 5. Build and reinforce diverse, walkable neighborhoods that offer a good quality of life by
designing and locating new and renovated housing in a context-sensitive manner that will facilitate
development of a high-density, City Center, mixed used transit corridors, and compact residential
neighborhoods.
Objective 6. Continue to be an economic hub for the region consistent with the land use goals of the city.
3
Objective 16: Build and reinforce diverse, accessible neighborhoods that offer a good quality of life by
designing and locating new and renovated development in a context-sensitive manner.
Objective 31. Conserve, restore and enhance biological diversity within the City, through careful site
planning and development that is designed to avoid adverse impacts to critical wildlife resources, and that
incorporates significant natural areas, communities and wildlife habitats as conserved open space.
Objective 39: The majority of all new development will occur within the Shelburne Road, Williston Road,
and Kennedy Drive Corridors, and other areas within the Transit service area.
Strategy 8. Explore innovative land development regulations that allow for a range of residential building
and neighborhood types, including but not limited to cottage housing, clustered housing and infill
residential development.
Ongoing Activity 1: Continue to refine the City’s Land Development Regulations to promote the Plan’s goals
and objectives.
Ongoing Activity 15: Continue to encourage and consider incentivizing neighborhoods that use a mix of
housing types and integrate different types next to each other, rather than creating monoculture of one
type of housing.
2. Is compatible with the proposed future land uses and densities of the municipal plan.
The proposed amendments allow the DRB to vary dimensional and design standards within a
General PUD. They do not, however, alter the proposed or allowed land uses or densities
identified in the Comprehensive Plan.
3. Carries out, as applicable, any specific proposals for any planned community facilities.
The proposed amendments do not affect any specific proposals for planned community facilities.
B. LDR-22-02: Establish Site Amenity requirements for new development, expansions, or
residential conversions subject to site plan review; add additional allowable Site Amenity
types, and allow partial credit to Site Amenity and Civic Space requirements for nearby
publicly-accessible civic spaces & parks
Brief Description of the Proposed Amendment
This amendment would establish a common minimum requirement for new development or
residential conversions to include Site Amenities (private or common outdoor spaces for use by
residents/employees/visitors). Minimum amounts are 6% of non-residential building area or
between 60 and 100 s.f. per dwelling unit (depending on building size); both figures are drawn from
similar standards existing within the City Center Form Based Code. Site Amenity types are based on
those created for the City Center Form Based Code. Two additional types are proposed: indoor-
outdoor common area, and private balcony/porch.
4
The amendment would allow a Park or Civic Space that is located within 500 feet to count towards
50% of the minimum requirement if that distance is a safe, walkable connection.
The amendment would also create allowances related to minimum Civic Space associated with
major subdivisions. The minimum Civic Space requirement is proposed to be allowed to be off-site,
with 500 feet (safe & walkable) where the parcel to be subdivided is 6 areas in size or less.
Findings Concerning the Proposed Amendments
The proposed amendments have been reviewed by the Planning Commission in the context of the
text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February
1, 2016. The Commission has addressed the following as enumerated under 24 VSA 4441(c):
“…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and
shall include a statement of purpose as required for notice under section 4444 of this title, and shall
include findings regarding how the proposal:
1. Conforms with or furthers the goals and policies contained in the municipal plan, including the
effect of the proposal on the availability of safe and affordable housing.
The proposed amendments are identified in multiple places in the 2016 Comprehensive Plan.
Specific Goals and Objectives furthered by these amendments:
Objective 5. Build and reinforce diverse, walkable neighborhoods that offer a good quality of life by
designing and locating new and renovated housing in a context-sensitive manner that will facilitate
development of a high-density, City Center, mixed-used transit corridors, and compact residential
neighborhoods.
Objective 14. Seek a livable balance between public, commercial, and civic activity and private tranquility
and promote the health, peace, and well-being of residents in their daily lives.
Objective 15. For all new development, public and private, consider accessibility for users of differing ages
and physical abilities
Objective 16. Build and reinforce diverse, accessible neighborhoods that offer a good quality of life by
designing and locating new and renovated development in a context-sensitive manner.
Objective 30. Proactively plan for a network of interconnected and contiguous open spaces to conserve and
accommodate ecological resources, active and passive recreation land, civic spaces, scenic views and vistas,
forests and productive farmland and primary agricultural soils.
Strategy 35. Take into account the quality of life of residents, employees, and visitors in the development of
City policies, plans, projects, and regulations.
Strategy 68. Redefine open space in new developments such that usable, quality open space shall be
required. Qualifying open space should include civic spaces, recreation, wildlife habitat, and usable
agricultural lands.
Ongoing Action 11. Continue to build and reinforce diverse, walkable neighborhoods that offer a good
quality of life by designing and locating new and renovated housing in a context-sensitive manner.
5
Safe, immediate access to outdoor spaces – private or shared – supports affordability by assuring that all
residents are able to access the outdoors without having to own a car or use other forms of transportation.
Further, the establishment of site amenities does not require a reduction in density. Additionally, most
new housing in the past decade or more has included such amenities.
2. Is compatible with the proposed future land uses and densities of the municipal plan.
The Planning Commission finds the proposed amendment to be compatible with the proposed
future land uses and densities of the Comprehensive Plan.
3. Carries out, as applicable, any specific proposals for any planned community facilities.
The proposed amendments do not affect any specific proposals for planned community facilities.
C. LDR-22-03: Augment Site Plan review standards of Relationship of Structures to the Site,
and of Relationship of Structures and Site and to Adjoining Area.
Brief Description of the Proposed Amendment
The proposed amendments would provide direction to applicants and the Development Review
Board on applying these standards. This includes direction in consideration of Street Frontage,
Building Placement and Orientation, Contract of Scale, Pedestrian Orientation, Pattern & Rhythm,
Architectural Features, and Privacy. Further, buildings that are wholly or partially within the
designated secure area of an Airport would be eligible for parking to be located between the
building and a public street.
Findings Concerning the Proposed Amendments
The proposed amendments have been reviewed by the Planning Commission in the context of the
text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February
1, 2016. The Commission has addressed the following as enumerated under 24 VSA 4441(c):
“…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and
shall include a statement of purpose as required for notice under section 4444 of this title, and shall
include findings regarding how the proposal:
1. Conforms with or furthers the goals and policies contained in the municipal plan, including the
effect of the proposal on the availability of safe and affordable housing.
The proposed amendments provide greater clarity to applicants and the DRB on application of
the existing standards in the Regulations. The proposed amendments do not directly impact the
availability of safe and affordable housing. However, the amendments will foster more context-
sensitive design in new development, which in turn supports walkability and, indirectly, overall
safety of environments through greater pedestrian use.
6
Specific Goals and Objectives furthered by these amendments:
Objective 5. Build and reinforce diverse, walkable neighborhoods that offer a good quality of life by
designing and locating new and renovated housing in a context-sensitive manner that will facilitate
development of a high-density, City Center, mixed used transit corridors, and compact residential
neighborhoods.
Objective 16: Build and reinforce diverse, accessible neighborhoods that offer a good quality of life by
designing and locating new and renovated development in a context-sensitive manner.
Strategy 35. Take into account the quality of life of residents, employees, and visitors in the development of
City policies, plans, projects, and regulations.
Strategy 118: Review the City’s Land Development Regulations so that land uses within the [Northeast]
Quadrant remain consistent with the continued operation of the airport.
2. Is compatible with the proposed future land uses and densities of the municipal plan.
The Planning Commission finds the proposed amendment to be compatible with the proposed
future land uses and densities of the Comprehensive Plan.
3. Carries out, as applicable, any specific proposals for any planned community facilities.
The proposed amendments do not affect any specific proposals for planned community facilities.
D. LDR-22-04 Minor and technical amendments to include:
• Adjust Master Plan applicability for single-user lots
• Definitions updates and corrections
Brief Description of the Proposed Amendment
The amendments listed above represent minor adjustments to the regulations that promote
consistency in approach, policy, and organization within the Land Development Regulations.
Findings Concerning the Proposed Amendments
The proposed amendments have been reviewed by the Planning Commission in the context of the
text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February
1, 2016. The Commission has addressed the following as enumerated under 24 VSA 4441(c):
“…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and
shall include a statement of purpose as required for notice under section 4444 of this title, and shall
include findings regarding how the proposal:
1. Conforms with or furthers the goals and policies contained in the municipal plan, including the
effect of the proposal on the availability of safe and affordable housing.
7
The Comprehensive Plan supports consistency and streamlining of regulations.
Strategy 15. Conduct a comprehensive analysis of City regulations relating to permitting with an eye
toward ways to eliminate outdated or duplicative requirements and to further streamline the process of
obtaining needed permits with a specific focus on improving predictability of the process. Move as much of
the permitting process online as is viable to improve customer access and service.
2. Is compatible with the proposed future land uses and densities of the municipal plan.
The Planning Commission finds the proposed amendment to be compatible with the proposed
future land uses and densities of the Comprehensive Plan.
3. Carries out, as applicable, any specific proposals for any planned community facilities.
The Planning Commission finds the proposed amendment will not have any impact on planned
community facilities.
PAGE 1 OF 2
South Burlington Affordable Housing Committee
Members: Chris Trombly, Chair; Sandy Dooley, Vice Chair; Janet Bellavance; Leslie
Black-Plumeau; Vince Bolduc; Ariel Jensen-Vargas; Patrick O’Brien; Darrilyn Peters; Minelle Sarfo-Adu; John Simson;
Housing Trust Fund Committee members: Larry Kupferman, chair; Ariel Jensen-Vargas, Emilie Krasnow
To: Helen Riehle, Chair, South Burlington City Council
From: Chris Trombly, Chair, South Burlington Affordable Housing Committee
Date: April 28, 2022
Subject: Recommendation for a Statement of Values for the RFP for up to $1 million in ARPA funds for affordable housing
The purpose of this memorandum is introduce the attached proposed Statement of
Values for an RFP for up to $1 million in ARPA funds for housing for the City Council’s consideration at its May 2, 2022, meeting. This Statement was approved by an 11-0-0 vote of the Affordable Housing & Housing Trust Fund committees at their joint meeting on April 13, 2022.
The committees recognize the uncertainty regarding what difference $1 million can make in the development of affordable housing and the constraints on when ARPA funds must be obligated and spent. In light of this, the committee chose to provide a menu of the many kinds of housing that the City would welcome so that a wide range of
developers/organizations will see an opportunity to pursue by submitting a proposal. Prior to settling on the RFP process as the best path forward and as part of our due diligence, we looked at resources about how other municipalities use ARPA funds for housing. We considered “transformational ideas” such as establishing a land bank,
partnering with the mall, establishing a low-interest loan program for ADUs, and providing weatherization grants. Understanding the time constraints and the benefits of utilizing existing delivery channels, we narrowed the focus to identifying values to be captured in an RFP
process. This will allow us to leverage the knowledge and expertise from affordable
housing builders to come up with a creative solution that will maximize the utilization of taxpayer funds instead of trying to create a program from scratch with the associated risks.
PAGE 2 OF 2
We partnered with the Housing Trust Fund Committee in developing the values contained in the attached Statement to be used in developing the RFP. Part 1 of the Statement contains the criteria that all applicants must include in their proposals. Part 2
comprises a list of optional criteria that applicants may include in their proposal in order
to enhance its compatibility with what the City values. The goal is to be flexible as much as possible to allow creativity from applicants while giving lift to applications who propose to accomplish more of our desired outcomes.
The committees greatly appreciate the opportunity to advise the Council on how to
proceed with this initiative and we look forward to learning what the RFP process generates.
Page 1 Affordable Housing and Housing Trust Fund committees April 13, 2022
Statement as approved by the Affordable Housing and Housing Trust Fund
committees’ vote of 11-0-0 on April 13, 2022.
The Affordable Housing and Housing Trust Fund committees propose that the City Council
approve the following statement of criteria to be used by City staff in developing a Request
for Proposals for the development of housing to be supported by up to $1 million in ARPA
funds.
“To be eligible for receipt of up to $1 million in ARPA funds, a proposal is required to meet
criteria A., B., and C. stated below. Proposals that meet one or more of the criteria stated
under 2. below shall be given additional weight in the ranking of submitted proposals.
1. All proposals shall:
A. include, at a minimum, the percentage of affordable housing units required by
South Burlington’s Inclusionary Zoning regulations. Affordable units shall meet all
applicable requirements in the City’s Inclusionary Zoning regulations with the exception
that pricing for homeownership units shall not exceed what HUD deems affordable at
the 100% Area Median Income (AMI) level.
B. be submitted by an entity, or two or more entities collaborating, having
demonstrated success in developing affordable housing and leveraging additional
sources of support for affordable housing
C. include information supporting the entity’s/ies’ capability to have all funds obligated
no later than December 31, 2024, and spent no later than December 31, 2026
2. Applicants are encouraged to incorporate one or more of the following criteria in their
proposals, which represent South Burlington’s desired outcomes for these ARPA funds. The
order below does not represent a prioritization of the stated criteria. Note: All of the criteria
described in D. through K. below are optional. Applicants’ proposals are not required to meet
any of these criteria.
D. Proposals in which the percentage of affordable housing units exceeds the
percentage required by the City’s Inclusionary Zoning regulations.
E. Proposals in which affordable homeownership units constitute the majority (or more)
of the affordable units developed
F. Proposals in which the energy efficiency of all units exceeds the current
requirements of South Burlington’s land development regulations—the closer to net
zero the better.
G. Proposals in which the housing units are located in the Transit Overlay District.
H. Proposals that include some housing units having two bedrooms and some housing
units having three bedrooms.
Page 2 Affordable Housing and Housing Trust Fund committees April 13, 2022
I. Proposals that include more than one housing type and/or a mix of market rate and
affordable housing units.
J. Proposals in which some or all of the rental and/or purchase prices do not exceed
what HUD designates as affordable to households having income no greater than 60
percent of the Area Median Income (AMI).
K. Proposals that demonstrate how the ARPA funds are anticipated to be used to
leverage additional support, cash and/or in-kind, for affordable housing in South
Burlington.
3. Applicants may:
L. Propose the development of housing via new construction or the repurposing of
existing structures
M. Propose construction of housing units that will have begun no later than December
31, 2026, or specify how the amount of ARPA funds requested will have been spent
by December 31, 2026, and include a plan indicating how and when this investment
will result in the construction of affordable housing units in South Burlington in the
future and which criteria specified under 2. above the proposed housing will meet.
N. Include additional information about what might be achieved with respect to
affordable housing should South Burlington make available more than $1 million in
ARPA funds.
Submittal requirements:
• South Burlington is looking for transformational projects. With your response, please
provide the following data points:
o With $X in ARPA funding, an additional $X will be leveraged for this project.
o Estimated # of people housed by this investment
o Estimated # of families housed by this investment
• South Burlington recognizes the documented lower rate of homeownership among our
BIPOC and New American residents. With your proposal, please provide details on how
you will outreach to the BIPOC and New American communities and/or partner with
other organizations to do this. Please provide any additional details about how your
work will contribute to changing this pattern.”
Affordable Housing Committee members present and voting (all affirmative): Janet
Bellavance, Leslie Black-Plumeau, Vince Bolduc, Sandy Dooley, Ariel Jensen-Vargas, Darrilyn
Peters, Minelle Sarfo-Ado, John Simson and Chris Trombly. Member neither present nor
voting: Patrick O’Brien
Housing Trust Fund Committee members present and voting (all affirmative): Ariel Jensen-
Vargas, Emilie Krasnow and Larry Kupferman. No absent members.
From:Tom Chittenden
To:Jessie Baker; Helen Riehle
Subject:FW: [External] FW: EXTERNAL: T-bill language
Date:Thursday, April 28, 2022 8:09:16 PM
Attachments:H.736 Chittenden proposal.pdf
Importance:High
Jessie and Helen,
As I understand the agenda is evolving for Monday night, I would like to submit this email thread and
the attached PDF as materials that I will be referencing in my outline of the discussion in the State
house regarding the topic of recent note.
Thomas
From: Tom Chittenden <>
Sent: Tuesday, April 12, 2022 8:16 PM
To: Paul Conner <pconner@southburlingtonvt.gov>
Cc: Jessie Baker <jbaker@southburlingtonvt.gov>; Helen Riehle <hriehle@southburlingtonvt.gov>;
Andrew Perchlik <APerchlik@leg.state.vt.us>
Subject: FW: [External] FW: EXTERNAL: T-bill language
Importance: High
Paul,
As you likely heard the Governor mention in one of his press conferences, he expressed interest in a
‘legislative fix’ to the Beta technologies parking ordinance issues.
The result of that is the email thread below and versions of possible language attached.
This is new language to me – and this conversation was mostly idle over the last 10 days. So I am
just now trying to better understand the pros (if any) and cons (if any) to this possible language in
light of the evolving topic.
My question to you: Do you have any time to offer your perspective including any possible concerns
with the three possible language drafts? I know you are a busy person with a newborn and I hate to
ask this but if you have time to consider this language before 9 AM tomorrow, I would greatly
welcome your perspective.
One aspect of the legislature that is very new to me is the speed at which language is considered. I
am hesitate to support this language if you, being our very technical and most qualified South
Burlington zoning professional, raise any concerns with any of the proposed language options.
If you have time for a phone call tomorrow between 7 and 8:30 AM, I would welcome your time
(802) 233-1913.
Or if you do have interest and availability to chime in on any thoughts with Senate Transportation
tomorrow if we take the language up sometime between 9 and noon, I’d also welcome you to
squeeze into the agenda (if Chair Mazza wants to consider this tomorrow).
I hope this is somewhat clear and thank you in advance for any time you might be willing to consider
this important topic.
Thomas
802.233.1913
From: Ellen Czajkowski <ECzajkowski@leg.state.vt.us>
Sent: Tuesday, April 12, 2022 6:29 PM
To: Tom Chittenden <tchittenden@southburlingtonvt.gov>; Anthea DexterCooper
<ADexterCooper@leg.state.vt.us>
Cc: Andrew Perchlik <APerchlik@leg.state.vt.us>
Subject: RE: [External] FW: EXTERNAL: T-bill language
Hi! So attached is a draft that has 3 language options in it.
All three include the reference to 1 VSA 213 which allows this language to apply to pendingapplications. The first is closest to the language from the Governor’s office. I changed a few of the words to be
easier to understand.Option 2 is my rearranging of the Gov’s language to be more clear.Option 3 is a very short version. It is what I would have drafted if you had not sent language.
You asked about unintended consequences. I haven’t thought through all of it because the languageyou sent it a bit confusing, but I did want to point out that the (A) language is odd and relates tolocation near a road. I think nearly all towns require that businesses either be on a road or toconstruct a road so that people can get to it, so I don’t think it is needed and may have oddconsequences. Also, the language you sent also covers aviation facilities (taxiways, aprons, hangers,etc.), railway facilities (rail lines, stations, platforms, etc.), or waterways, so it is not just airports. I think all three options are narrow and don’t address other zoning bylaws, but the language from theGov covers things besides the type of business Beta is. Please let me know if you have questions or want to discuss. I can also make changes if you haveother ideas.Thanks!
Ellen Czajkowski
Office of Legislative Counsel
From: Tom Chittenden <tchittenden@southburlingtonvt.gov>
Sent: Tuesday, April 12, 2022 2:26 PM
To: Anthea DexterCooper <ADexterCooper@leg.state.vt.us>; Ellen Czajkowski
<ECzajkowski@leg.state.vt.us>
Cc: Andrew Perchlik <APerchlik@leg.state.vt.us>
Subject: [External] FW: EXTERNAL: T-bill language
[External]
Might this language be better to start from?
My key question with this language is:
Does this narrowly address the local parking ordinance issue to be more accommodating to airport
adjacent facilities ensuring that it doesn’t broadly wave the applicability of local zoning oversight for
other land uses oversight of airport owned property?
From: Wilson, Brittney <Brittney.Wilson@vermont.gov>
Sent: Tuesday, April 12, 2022 2:13 PM
To: Tom Chittenden <tchittenden@southburlingtonvt.gov>
Subject: EXTERNAL: T-bill language
This message has originated from an External Source. Please use proper judgment and
caution when opening attachments, clicking links, or responding to this email.
Hi Senator,
I had our legal counsel and AOT review, here is a clean version:
a. 24 V.S.A. § 4413 shall be amended to add a new subparagraph (i) reading as follows: (i) Notwithstanding any provision of law to the contrary, a bylaw adoptedunder this chapter shall not, directly or indirectly, through regulationsaffecting placement of buildings or other site improvements, require abuilding, facility or site improvement that serves, services, assembles, ormanufactures non-vehicular transportation types, such as, but not limitedto, airplanes, trains or ships, (A) to be located adjacent to, or otherwise inclose proximity to, a public or private vehicular way or (B) require thatparking for such a building or improvement only be located to the rear orsides of the building or improvement, when direct connection with access toaviation facilities (taxiways, aprons, hangers, etc.), railway facilities (rail lines,stations, platforms, etc.), or waterways is integral to the purpose of thebuilding or improvement. b. The amendment referenced in paragraph (a) shall take effect immediately upon signing bythe Governor, and shall apply to any application currently pending before any zoningadministrative officer or appropriate municipal panel.
Brittney L. WilsonDeputy Chief of StaffOffice of Governor Philip B. Scott
This message has originated from an External Source. Please use caution when opening
attachments, clicking links, or responding to this email.
(Draft No. 1.2 – H.736) Page 1 of 2
4/12/2022 - EMC - 5:50 PM
VT LEG #362174 v.1
Senator Chittenden Proposal 1
Sec. 64. 24 V.S.A. § 4413(i) is added to read: 2
Option 1 3
(i) Notwithstanding 1 V.S.A. § 213 and any other provision of law to the 4
contrary, a bylaw adopted under this chapter shall not, directly or indirectly, 5
through regulations affecting placement of buildings or other site 6
improvements, require a building, facility, or site improvement that serves, 7
services, assembles, or manufactures nonvehicular transportation types, 8
including airplanes, trains, or ships, to be located adjacent to, or in close 9
proximity to, a public or private road or require that parking for such a 10
development or structure only be located to the rear or sides of the building or 11
improvement, when direct connection with access to aviation facilities, railway 12
facilities, or waterways is integral to the purpose of the building or 13
improvement. 14
Option 2 15
(i) Notwithstanding 1 V.S.A. § 213 and any other provision of law to the 16
contrary, for a facility that serves, services, assembles, or manufactures 17
nonvehicular transportation types, including airplanes, trains, or ships, and 18
when direct connection with access to aviation facilities, railway facilities, or 19
waterways is integral to the purpose of the facility, no bylaw adopted under 20
(Draft No. 1.2 – H.736) Page 2 of 2
4/12/2022 - EMC - 5:50 PM
VT LEG #362174 v.1
this chapter shall prohibit or have the effect of requiring parking for a facility 1
only be located to the rear or sides of the building or improvement. 2
Option 3 3
(i) Notwithstanding 1 V.S.A. § 213, no bylaw adopted under this chapter 4
shall regulate the size or location of parking facilities at or adjacent to a 5
municipally owned and operated airport. 6
* * * Effective Dates * * * 7
Sec. 65. EFFECTIVE DATES 8
(a) This section and Secs. 58 (amendment to sunset of 32 V.S.A. § 604), 60 9
(extension of authority to relinquish State highway right-of-way for Vermont 10
Route 207 Extension), and 64 (24 V.S.A. § 4413(i)) shall take effect on 11
passage. 12
(b) Notwithstanding 1 V.S.A. § 214, Secs. 21–24 (amendments to the 2021 13
Transportation Bill) shall take effect retroactively on July 1, 2021. 14
(c) All other sections shall take effect on July 1, 2022. 15
16
Memo
To: Jessie Baker, City Manager
From: Adam Cate, Deputy Director of Public Works
Holly Rees, Recreation and Parks Director
Re: Veteran’s Memorial Park Baseball Field Conditions
Date: April 25, 2022
As you may remember, the last Recreation and Parks budget presentation to City Council on December
6 included two pages of deferred maintenance in the parks that would need to addressed in upcoming
budget cycles to safely maintain our current inventory of amenities. At that point, some discussion was
given as to the need to potentially bond for these improvements, though the conversation was
appropriately deferred to the upcoming FY24 Policy, Priorities and Planning process.
As the playing season is now upon us, we wanted to provide some reference for why field conditions are
a challenge, a proposed plan for improvement and a time line of communication with the SBLL user
group who are active in advocating for these needed improvements.
Challenging Conditions:
Heavy Soils:
The Park is constructed on clay and backfill. These types of soil/materials do not drain
well. The Park was not built with any drainage in the fields. There are catch basins
located throughout the Park that drain off some of the water but don’t address the
standing water on playing surfaces. Staff recommends having a contractor that
specializes in field drainage make some recommendations on a solution.
Irrigation:
A fully functional irrigation system traditionally helps support a softer infield, however, a
break in the line last year mixed with supply chain delays, contributed to dry conditions
for the entirety of the baseball season. The part has since been replaced and water will
be turned on this week now that the ground is fully thawed from the winter.
Drainage:
Swales have been designed to move water throughout the park and the City’s
storm water team works to ensure all catch basins are clear of debris and fully
functional, however, staff have highlighted areas of ballfield playing areas that are
problematically wet and will submit the map to the contractor(s) as their initial point of
reference during their evaluation period.
Roles and Responsibilities:
Just as it is DPW’s job to fix potholes, so too is it the job of our seasonal staff to
prepare the fields and prep them for play. There have been offers from
coaches to help clean up the ball fields and prepare them for use, but without the
proper training and expertise, this leaves the fields vulnerable. As a Recreation and
Parks Department, it is our mission to ensure that the entire community has equitable
access to our facilities. We plan for the care of our amenities through our full time
and seasonal maintenance staff. Experience has shown that improper care of the fields
leads to worsening difficult conditions; creating more unanticipated and unnecessary
work for our scheduled staff who do their best to create usable and safe play spaces for
all.
Plan for Improvement:
Routine Maintenance:
Staff:
A seasonal full-time staff member is contracted from April 1-Oct 30 to maintain all
athletic fields and does so in concert with the full time DPW Parks Staff. This same
individual has been maintaining the ballfields for more than the 12 years. He takes
great pride in them and does a good job bringing them up to the best condition
possible given the circumstances. Ball fields are mowed, raked, dragged, painted and
chalked for each scheduled game. Any addition work done specifically to ball fields has
largely been of the routine maintenance type.
Supplies:
We use an infield mix that is a specific ballfield mix used by many local baseball fields
including SBHS; we traditionally share in bulk ordering of the materials to save on costs.
Fencing:
Two years ago, Middlebury fence came and removed many posts that had concrete
footings which the frost had pushed up, which raised the height of the fence. They
replaced with longer posts with no footings in an effort to eliminate the frost issue. We
will evaluate the fencing each spring and highlight any additional posts that have moved
and plan for their replacement; ideally in the subsequent fiscal year.
Clean Up/Green Up Day:
While the spring weather is always a challenge and unpredictable, it makes sense to try
to collaborate on an event that would support player participate to clean up and green
up the ball fields. Similar to Green Up Day, we could pick up trash on and around the
ballfields, clean out dugouts (removing gum and graffiti) as well as testing the hoses and
ensuring storage sheds are cleaned, organized and well stocked for the season.
Additionally, we could have our seasonal staff member in attendance to do a coaches
training on how to use the supplies; setting the expectation of what to do and not to do
when you arrive and leave a field. Historically, in all sports, user groups are eager to play
on fields that simply aren’t ready; creating unsafe conditions for players and long-term
damage to the play surfaces. An educational opportunity like this could have great
benefits for all. The challenge to this, is in scheduling such an event that allows for lead
time ahead of game schedule but also accounts for the wet April conditions. A
recommendation for the future is to not schedule games ahead of May 1st, which would
give some time to plan for and include a Clean Up/Green Up prep day.
FY23 CIP: Projects approved to start this coming July
Skinning of the Softball Field and Jaycee ($25K)
Funds to support rebuilding of the mounds at Veterans Memorial Baseball Fields ($10K)
Potential Projects for FY24 CIP:
Irrigation system upgrade $50K
Athletic Field Improvements $200K
Parking Lot Paving $100K
Dug Out Replacement $35K
Replacement Fencing for Backstops $ awaiting quote from Middlebury Fence Company
Parks Master Plan:
As we move through the next steps with Priorities and Strategies for FY24, the need for a
Parks Master Plan will being rising to the top of the Recreation and Parks Committee’s
proposed project list. This important work would give us a road map of existing parks,
their conditions and sustainable maintenance needs, as well as provide guidance for
future park planning and development. No specific money in the historic CIP’s has been
earmarked for ball fields and this opportunity could address some of the bigger
maintenance issues for this park, and others, moving forward.
Communication Time Line:
Summer 2021
Irrigation system was in disrepair last season as a there was piece on back order with supply
chain issues. Recreation and Parks staff met with Baseball Board President and Field
Maintenance Representative to discuss dry field conditions and also drainage issues. The two
parties agreed that the Recreation and Parks Department would contact a field expert to
come assess all the fields at Veteran’s Memorial and create a spreadsheet of what needed to be
done to get them to ideal playing conditions.
Fall 2021
Recreation and Parks Department Staff met with Matt Thomas (Thomas Fields Solutions of NY)
on site to review the user concerns and to complete an audit of our fields. In late October Matt
gave us pricing for all total projects to support building out future years of the CIP as the current
FY23 was taking on previous years of deferred projects due to COVID. Being respectful to needs
and historic requests, the projects selected for the FY23 project were; (1) The skinning of the
Softball Field and Jaycee and (2) Funds to support rebuilding of the mounds at Veterans
Memorial Baseball Fields to be fully funded in the FY23 CIP.
December 2021
In December Holly presented to City Council the projects for FY23 CIP as well as the need to
support deferred maintenance for all parks (inclusive of aforementioned Vet Memorial Baseball
field improvements) City Council discussed the need for a potential future bond to catch up on
the deferred maintenance to be determined at a later date.
Winter 2022
In January the Recreation and Parks Department learned that there was new SBLL Board
President and made arrangements in February to meet. In Mid-February Recreation and Parks
Department Staff met with new President and the Board Field Maintenance Rep to review
needs and confirmed the project list with funding needs and the timeline for project
completion: indicating that we would work with the SBLL board and its members in the early
fall 2022 to strategize their support for advocacy with upcoming budget and commit to any
fundraising goals if needed.
Spring 2022
In March the City received an email from a Baseball Board member asking to move up CIP items
and also evaluate storm water issues at Vet Memorial Park. In April, I discussed the need for
storm water systems to be reviewed at Vet Memorial Park with Tom DiPietro. Tom agreed to
check the systems to ensure catch basins were clear and functioning properly. In late April,
I met with both Tom DiPietro and Adam Cate to discuss recent drainage at Vet Memorial Park
on the baseball fields; highlighting particular areas of need so Adam could evaluate what could
be done inhouse vs the need to bid out a contract. This map is in the process of being reviewed.
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
Bylaws for Committees Established by the South Burlington City Council
Adopted: May 2, 2022
The City Council, under its Charter authority in § 13-307, shall convene bodies seen as “in the best
interests of the city” and appoint members to such public bodies. The Planning Commission, under its
Charter authority in § 13-702 “may appoint subcommittees composed of its own members or other
persons…. when necessary for the performance of its duties.”
Serving on a South Burlington board, committee, or task force is an excellent way to get involved in the
public process, shape the future policies of the City, and connect with neighbors. These volunteer
positions offer many opportunities to provide expertise as an engaged community member and help
make important community decisions.
Structure of Public Bodies
Statutory Committees: There are some boards, committees, and commissions that are established by
state statue or our municipal charter. These include:
Board of Abatement
Board of Civil Authority
Development Review Board
Library Board of Trustees
Planning Commission
Sextons
Policy Advisory Committees: There are a variety of other policy committees that are established by the
City Council and serve as policy advisors to the Council and, at times, the Planning Commission. Each has
been established via a resolution of the City Council that outlines the specific charge of the body. These
include:
Affordable Housing
Bicycle & Pedestrian
City Charter
Common Area for Dogs
Economic Development
Energy
Housing Trust Fund
Natural Resources & Conservation
Pension Advisory
Public Art
Recreation & Parks
Subcommittees and Task Forces: From time to time the Council or Planning Commission will establish
task oriented public bodies to undertake a time-limited project. Such groups are also subject to the
provisions outlined below for Policy Advisory Committees. Currently this includes:
Climate Action Task Force Airport Rezoning Task Force
Section 1: Annual Workplans for Policy Advising Committees, Subcommittees, and Task Forces
Policy Advising Committees, Subcommittees, and Task Forces are advisory to the City Council or Planning
Commission and function at their direction. As noted above, the charges are established by resolution.
In order to best align the intentions and work of the Committees to the Council goals, annual workplans
are developed. Between April and July of each year, the Committees, City’s Leadership Team, and City
Council work to develop a set of “Fiscal Year Policy Priorities and Strategies.”
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
Committees propose annual priorities to the Staff and Council Liaison. These are integrated into the full
set of priorities considered by the Council. They Council adopts a set of Policy Priorities and Strategies in
July that outlines the vision for the community, the policy directions, the implementation strategies of
the staff, and the associated work of the committees. Once adopted by the Council, the Committees will
follow this workplan for the fiscal year and participate in quarterly reporting to the Council on their
deliverables.
Section 2: Qualifications and Appointment of Members
The Council appoints members to serve for a specific term or length of time. These vary from a number
of months to four years. Members may apply to be reappointed at the end of their term.
The resolutions of each public body outline if there is a specific expertise sought for the body. Residency
in South Burlington is required unless otherwise stated in the enabling resolution. Residents 15 years of
age and older are encouraged to apply and serve on policy advisory committees. To serve on statutory
committees, one must be 18 years of age or older.
Individuals wishing to be appointed shall complete an application as established by the City. Interviews
with the Council, Staff Liaison, and Committee Chair may be requested.
All voting members of a group must be appointed by the City Council at a warned Council meeting.
Appointments shall be made by July 1 annually or as vacancies occur. A term begins at the first meeting
in July and is for a set number of months or years.
Interested community members are encouraged to attend meetings prior to applying.
A member may be removed by a majority vote of the City Council at a warned City Council meeting
except as provided for under State Law.
A member may resign from a public body at any time. Written notice of this resignation must be
provided to the Staff Liaison, Council Liaison, and City Manager.
Section 3: Annual Training and Orientation
In order to ensure that all members have shared information on process and Council guidance and can,
therefore, be as effective as possible, an annual Committee Service Orientation will be held in July or
August. This will include an overview of Vermont Open Meeting Law, the adopted Fiscal Year Policy
Priorities & Strategies, the City’s Comprehensive Plan, the Conflict of Interest Policy, and other relative
topics. Annual attendance is highly recommended for all members.
Additionally, the Staff Liaison will meet with each newly appointed member, upon their first
appointment, to review the specific charge and efforts of the Committee.
Section 4: Officers, Elections and Responsibilities
Annually at the first meeting after July 1, each public body shall elect officers including a Chair, Vice Chair,
and Clerk from the appointed members. Should an officer resign, the members shall elect a new officer
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
as soon as possible at a regularly scheduled meeting. Elected officers shall immediately assume their
positions at the conclusion of elections.
The roles are defined as follows:
• Chair – The Chair is responsible for working with the staff liaisons to prepare an agenda for each
meeting, assuring a quorum will be present at each meeting, setting an annual workplan in
conjunction with the Council liaison, presiding over each meeting, and actively including all voices
in conversations.
• Vice Chair – The Vice Chair shall act as Chair in their absence and shall become Acting Chair
should the Chair resign.
• Clerk – The Clerk shall assure that all actions are accurately recorded and minutes are taken at
each meeting and shared with the staff liaison for public posting and shall, in the absence of the
Chair and Vice-Chair, serve as or appoint an Acting Chair.
Public body members shall
• Make every effort to attend regularly scheduled meetings or notify the Chair and Staff Liaison if
an absence is required
• Actively participate in conversations and be prepared for meetings
• Render a vote on each item, unless a conflict of interest exists (yea, nay, abstain)
• Adhere to the City’s Conflict of Interest and Ethics Policy
• Adhere to the Vermont Open Meeting Law requirements
• Adhere to any Rules of Procedure established by the public body
Staff Liaisons shall
• Be appointed by the City Manager to each Statutory Committee, Policy Advisory Committee, and
Task Force established by the Council
• Not vote as part of the public body unless specifically appointed with that ability
• Serve as a subject matter expert to the group
• Actively participate in conversations and be prepared for meetings
• Assist the chair in developing the agendas and annual workplan for the body
Council Liaisons shall
• Be appointed by a majority vote of the Council to each Policy Advisory Committee and Task Force
established by the Council
o The only Statutory Committee supported by a Council Liaison is the Planning Commission
for which the Council Chair will always serve as the Council Liaison
• Not vote as part of the public body unless specifically appointed with that ability
• Work with the Staff Liaison and Chair to guide the body’s work to ensure it is aligned with the
Council policy goals and aligned to the annual Policy Priorities & Strategies
• Support the Chair in bringing items of the Committee to the Council
• The Council Liaisons are not expected to attend every public meeting. However, to the extent
they do, they are tasked with speaking on behalf of the Council and providing direction in
accordance with Council approved direction.
Section 5: Applicable Laws and Policies
All meetings are subject to Vermont’s Open Meeting Laws, the City Conflict of Interest and Ethics policy,
Vermont’s Public Records laws, all other relevant laws of the State of Vermont, and the City Resolutions
establishing each public body.
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
Section 6: Meeting Schedule
Regular Meetings: The body shall select one day and time per month (or every other month) as a regular
meeting date. Committees shall not meet on the standing meeting times of the City Council. All
meetings shall be ADA accessible. All regular meetings shall occur on City property. The Chair shall work
with the Staff Liaison to ensure that meetings are properly noticed and on the City calendar.
Special Meetings: The body may decide to hold a special meeting. The Chair may schedule the meeting
in coordination with the Council and Staff Liaisons. Special meetings must be scheduled in a manner that
would reasonably allow all regular members to attend and must be noticed according to Vermont Open
Meeting Law.
This guidance does not negate the opportunity to do site visits or property tours with required notices.
However, no public meetings shall take place at private homes.
Section 7: Meeting Agendas and Minutes
Agendas for each meeting will be noticed in advance and in compliance with Vermont Open Meeting law.
All agendas shall start with the following agenda items:
• Call to Order
• Approval of the agenda
• Public Comment
The Chair, Staff Liaison and Council Liaison must finalize the agenda by noon on the Thursday before the
week of the scheduled meeting. This allows the City to properly notice the agenda on Friday. The Clerk
must provide the draft minutes back to the Staff Liaison within 5 days after a scheduled meeting for
posting on the City’s website.
Section 8: Conducting Meetings
Meetings shall be conducted in accordance with Vermont Open Meeting Law and the practices of the City
Council. A quorum is defined as 50% of the total number of seats plus 1. A quorum is needed to hold any
meeting. If such number is not present, the only action that can be taken is to adjourn. Motions must
be made in the affirmative and be seconded in order to move to a vote.
All members shall actively participate in conversations. The Chair shall seek to include all voices in the
conversations and ensure that meetings proceed smoothly.
Section 9: Member Conduct
In addition to adhering to the City’s “Conflict of Interest and Ethics Policy for Elected and Appointed
Officials” members must conduct themselves at all times in ways that hold the community’s trust, ensure
that all voices are respected and heard, and exhibit actions intended to be in the best interest of South
Burlington.
Any Committee member has a right to express personal views and opinions pursuant to our
Constitutional guarantees of freedom of speech. An individual member is free to voice a position, oral or
written, on any issue as long as it is made clear that the member is not speaking as a representative of
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
the City, or as a member of the Committee. If testimony or commentary is provided on behalf of the
Committee this should be done through the Chair or Vice Chair (or their designee) following direction or a
vote on a policy area from the full Committee. A committee may represent the view of the Council to
individuals, agencies, and organizations, but otherwise may not advocate or lobby as the committee
unless it is also the adopted view of the Council.
Submitted by:
_______________________ ____________________
Jessie Baker, City Manager Date
Approved by:
__________________________
Helen Riehle, Chair
__________________________
Meaghan Emery, Vice Chair
__________________________
Tim Barritt, Clerk
__________________________
Thomas Chittenden
__________________________
Matt Cota
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
Bylaws for Committees Established by the South Burlington City Council
Adopted: XX, XXMay 2, 2022
****DRAFT****
The City Council, under its Charter authority in § 13-307, shall convene bodies they seeseen as “in the
best interests of the city” and appoint members to such public bodies. The Planning Commission, under
its Charter authority in § 13-702 “may appoint subcommittees composed of its own members or other
persons…. when necessary for the performance of its duties.”
Serving on a South Burlington board or, committee, or task force is an excellent way to get involved in
the public process, shape the future policies of the City, and connect with your neighbors. These
volunteer positions offer many opportunities to provide your expertise as an engaged community
member and help make important community decisions.
Structure of Public Bodies
Statutory Committees: There are some boards, committees, and commissions that are established by
state statue or our municipal charter. These include:
• Board of Abatement
• Board of Civil Authority
• Development Review Board
• Library Board of Trustees
• Planning Commission
Sextons
Policy Advisory Committees: There are a variety of other policy committees that are established by the
City Council and serve as policy advisors to the Council and, at times, the Planning Commission. Each has
been established via a resolution of the City Council that outlines the specific charge of the body. These
include:
Affordable Housing
Bicycle & Pedestrian
City Charter
Common Area for Dogs
Economic Development
Energy
Housing Trust Fund
Natural Resources & Conservation
Pension Advisory
Public Art
Recreation & Parks
Sextons
Subcommittees and Task Forces: From time to time the Council or Planning Commission will establish
task oriented public bodies to undertake a time-limited project. Such groups are also subject to the
provisions outlined below for Policy Advisory Committees. Currently this includes:
Climate Action Task Force Airport Rezoning Task Force
Section 1: Annual Workplans for Policy Advising Committees, Subcommittees, and Task Forces
Policy Advising Committees, Subcommittees, and Task Forces are advisory to the City Council or Planning
Commission and function at their direction. As noted above, the charges are established by resolution.
In order to best align the intentions and work of the Committees to the Council goals, annual workplans
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180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
are developed. Between April and July of each year, the Committees, City’s Leadership Team, and City
Council work to develop a set of “Fiscal Year Policy Priorities and Strategies.”
Committees proposedpropose annual priorities to the Staff and Council Liaison. These are integrated
into the full set of priorities considered by the Council. They Council adopts a set of Policy Priorities and
Strategies in July that outlines the vision for the community, the policy directions, the implementation
strategies of the staff, and the associated work of the committees. Once adopted by the Council, the
Committees will follow this workplan for the fiscal year and participate in quarterly reporting to the
Council on their deliverables.
Section 2: Qualifications and Appointment of Members
The Council appoints members to serve for a specific term or length of time. These vary from a number
of months to four years. Members may apply to be reappointed at the end of their term.
The resolutions of each public body outline if there is a specific expertise sought for the body. Residency
in South Burlington is required. In order to include diverse viewpoints unless otherwise stated in policy
conversations, residentsthe enabling resolution. Residents 15 years of age and older are encouraged to
apply and serve on policy advisory committees. To serve on statutory committees, one must be 18 years
of age or older.
Individuals wishing to be appointed shall complete an application as established by the City. Interviews
with the Council, Staff Liaison, and Committee Chair may be requested.
All voting members of a group must be appointed by the City Council at a warned Council meeting.
Appointments shall be made by July 1 annually or as vacancies occur. A term begins at the first meeting
in July and is for a set number of months or years.
Interested community members are encouraged to attend meetings prior to applying.
A member may be removed by a majority vote of the City Council at a warned City Council meeting
except as provided for under State Law.
A member may resign from a public body at any time. Written notice of this resignation must be
provided to the Staff Liaison, Council Liaison, and City Manager.
Section 3: Annual Training and Orientation
In order to ensure that all members have shared information on process and Council guidance and can,
therefore, be as effective as possible, an annual Committee Service Orientation will be held in July or
August. This will include an overview of Vermont Open Meeting Law, the adopted Fiscal Year Policy
Priorities & Strategies, the City’s Comprehensive Plan, the Conflict of Interest Policy, and other relative
topics. Annual attendance is highly recommended for all members.
Additionally, the Staff Liaison will meet with each newly appointed member, upon their first
appointment, to review the specific charge and efforts of the Committee.
Section 4: Officers, Elections and Responsibilities
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180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
Annually at the first meeting after July 1, each public body shall elect officers including a Chair, Vice Chair,
and Clerk from the appointed members. Should an officer resign, the members shall elect a new officer
as soon as possible at a regularly scheduled meeting. Elected officers shall immediately assume their
positions at the conclusion of elections.
The roles are defined as follows:
• Chair – The Chair is responsible for working with the staff liaisons to prepare an agenda for each
meeting, assuring a quorum will be present at each meeting, setting an annual workplan in
conjunction with the Council liaison, and presiding over each meeting, and actively including all
voices in conversations.
• Vice Chair – The Vice Chair shall act as Chair in their absence and shall become Acting Chair
should the Chair resign.
• Clerk – The Clerk shall assure that all actions are accurately recorded and minutes are taken at
each meeting and shared with the staff liaison for public posting and shall, in the absence of the
Chair and Vice-Chair, serve as or appoint an Acting Chair.
Public body members shall
• Make every effort to attend regularly scheduled meetings or notify the Chair and Staff Liaison if
an absence is required
• BeActively participate in conversations and be prepared for each meetingmeetings
• Participate in the discussion
• Render a vote on each item, unless a conflict of interest exists (yea, nay, abstain)?)
• Adhere to the City’s Conflict of Interest and Ethics Policy
• Adhere to the Vermont Open Meeting Law requirements
• Adhere to any Rules of Procedure established by the public body
• Assume good intentions on the part of their colleagues, be respectful of all voices, and
welcoming of new perspectives
Staff Liaisons shall
• Be appointed by the City Manager to each Statutory Committee, Policy Advisory Committee, and
Task Force established by the Council
• Not vote as part of the public body unless specifically appointed with that ability
• Serve as a subject matter expert to the group
• Actively participate in conversations and be prepared for meetings
• Assist the chair in developing the agendas and annual workplan for the body
Council Liaisons shall
• Be appointed by a majority vote of the Council to each Policy Advisory Committee and Task Force
established by the Council
o The only Statutory Committee supported by a Council Liaison is the Planning Commission
for which the Council Chair will always serve as the Council Liaison
• Not vote as part of the public body unless specifically appointed with that ability
• Work with the Staff Liaison and Chair to guide the body’s work to ensure it is aligned with the
Council policy goals and aligned to the annual Policy Priorities & Strategies
• Support the Chair in bringing items of the Committee to the Council
• The Council Liaisons are not expected to attend every public meeting. However, to the extent
they do, they are tasked with speaking on behalf of the Council and providing direction in
accordance with Council approved direction.
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
Section 45: Applicable Laws and Policies
All meetings are subject to Vermont’s Open Meeting Laws, the City Conflict of Interest and Ethics policy,
Vermont’s Public Records laws, all other relevant laws of the State of Vermont, and the City Resolutions
establishing each public body.
Section 56: Meeting Schedule
Regular Meetings: The body shall select one day and time per month (or every other month) as a regular
meeting date. Committees shall not meet on the standing meeting times of the City Council. All
meetings shall be ADA accessible. All regular meetings shall occur on City property. The Chair shall work
with the Staff Liaison to ensure that meetings are properly noticed and on the City calendar.
Special Meetings: The body may decide to hold a special meeting with twenty-four hours’ notice.. The
Chair may schedule the meeting in coordination with the Council and Staff Liaisons. Special meetings
must be scheduled in a manner that would reasonably allow all regular members to attend and must be
noticed according to Vermont Open Meeting Law.
This guidance does not negate the opportunity to do site visits or property tours with required notices.
However, no public meetings shall take place at private homes.
Section 67: Meeting Agendas and Minutes
Agendas for each meeting will be noticed in advance and in compliance with Vermont Open Meeting law.
All agendas shall start with the following agenda items:
• Call to Order
• Approval of the agenda
• Public Comment
The Chair, Staff Liaison and Council Liaison must finalize the agenda by noon on the Thursday before the
week of the scheduled meeting. This allows the City to properly notice the agenda on Friday. The
SecretaryClerk must provide the draft minutes back to the Staff Liaison within 5 days after a scheduled
meeting for posting on the City’s website.
Section 78: Conducting Meetings
Meetings shall be conducted in accordance with Vermont Open Meeting Law and the practices of the City
Council. A quorum is defined as 50% of the total number of seats plus 1. A quorum is needed to hold any
meeting. If such number is not present, the only action that can be taken is to adjourn. Motions must
be made in the affirmative and be seconded in order to move to a vote.
All members shall assume good intentions of their colleagues and should actively workparticipate in
conversations. The Chair shall seek to include all voices in the conversations. and ensure that meetings
proceed smoothly.
Section 89: Member Conduct
In addition to adhering to the City’s “Conflict of Interest and Ethics Policy for Elected and Appointed
Officials” members must conduct themselves at all times in ways that hold the community’s trust, ensure
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180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
that all voices are respected and heard, and exhibit actions intended to be in the best interest of South
Burlington.
Any Committee member has a right to express personal views and opinions pursuant to our
Constitutional guarantees of freedom of speech. An individual member is free to voice a position, oral or
written, on any issue as long as it is made clear that the member is not speaking as a representative of
the City, or as a member of the Committee. If testimony or commentary is provided on behalf of the
Committee this should be done through the Chair or Vice Chair (or their designee) following direction or a
vote on a policy area from the full Committee. A committee may represent the view of the Council to
individuals, agencies, and organizations, but otherwise may not advocate or lobby as the committee
unless it is also the adopted view of the Council.
To: South Burlington City Council
From: Martha Machar, Finance Officer
Andrew Bolduc, Deputy City Manager
Subjects: Analysis of FY22, Quarter Ended March 31, 2022
Date: April 27, 2022
Q3 Summary:
Please find FY22 financial summary reports for the period ending March 31, 2022 attached in
your packets. The full line-item report can be found in the Council box.
Overall, the general fund expenses and revenues through the end of the third quarter are on
target. Expenses are at 66.98%, which is consistent with prior years’ spending. Revenues are at
90.45%, this is slightly higher than past fiscal years because all the interfund transfers are done
early than in the past. While some revenue lines are still below budget, others are above, and in
aggregate are balancing each other out.
Department-specific financial narratives for the third quarter ending 3/31/2022 follow this
memo.
Q4 and End of FY22 Projections:
Third quarter financials bring us our most effective forecast of what to expect by year-end. In
order to help management make as informed Q4 fiscal decisions as possible, the finance team
met with department heads to take a deeper dive into each budget line and forecast where we will
be at year-end. At this point, assuming the same rate of spending and what the staff project will
happen in the fourth quarter, we are projecting a savings of $1.35M unspent budgeted dollars.
We are also projecting collecting $250K more revenues. These projections give us a projected
surplus of $1.6M by close of FY22.
Some of the drivers for the projected surplus include savings from unfilled positions, health care
costs, cancelled recreation programming due to COVID-19, as well as some delayed capital
projects due to COVID-19 impacts. On the revenue side, the City received unbudgeted COVID-
19 FEMA grant revenue, and local option tax revenues continue to significantly out-perform
conservative projections made back in December 2020.
Per this projection, we are forecasting that this will be the second year in a row the city ended the
year with over a million-dollar surplus. From last year, the City’s fund balance is currently in
good position based on what is recommended in the City’s fund balance policy. With this in
mind, City management will be working with department managers during the next few months
on additional project funding in Q4 as well as recommendations for Council consideration when
we close out the fiscal year in August and dedicate surplus funds.
Some of these items include, but are not limited to:
• Additional recruitment initiatives - particularly for SBPD
• Planning and Zoning staff capacity
• Recreation & Parks CIP projects – deferred maintenance
• Paving
• Reducing SB pension plan long term liability
• City share of regional dispatch center fit-up costs at 19 Gregory Drive
• Refurbishing the vacated lease space at 19 Gregory Drive
• Contingency funding FY23 foreseen deficits:
o High inflation impacts
o 19 Gregory Drive lost lease revenue
With this projected surplus, the City continues to be poised to be able to provide the high levels
of community and government services the members of our community enjoy.
CITY MANAGER/ADMINISTRATION/HR/INSURANCE/FINANCE
In the municipal Building cleaning supplies, we are approaching 100% and might be going over
that amount by 10%. This budget line was a guess based on what we used over at 575.
Factors: Supply chain increases and transportation costs. Overall, 10% over for this size building
isn’t a bad guesstimate.
HVAC maintenance is over by almost 31%. We are now changing filters 3 times a year and not
twice. Filter costs have also risen due to demand for the raw materials. The same materials that
are used in the making of masks are used in making HVAC filters.
City Hall utilities were a guestimate and some of the lines will be over budget while others might
be underspent. We will have a better understanding of what to budget in the future years.
The healthcare plan is running well. Our claims are currently coming in lower than projected.
Utilization of the resources for employee wellbeing, including the health center is better than
industry standard. We anticipate continuing work to keep costs at or lower than industry average.
IT
The IT Staff salary budget line will be overspent this year, but funds from our IT Utility Services
line, which will be underspent by about $18,000, will be used to cover the salary line. The Utility
Services line was underspent due to an upcoming contract renewal for a dark fiber segment that
connects 575 Dorset with 19 Gregory dr. that is no longer needed by city IT.
The Computer Hardware budget line will be overspent this year as well. There are a few factors
at play: price increases across the board for IT hardware being the most impactful, but also the
different needs of City staff in the new City Center building.
The computer software line and the IT service line both are on track for what we’ve planned.
CITY CLERK
Revenues:
Overall, it is my expectation that the total income will be better than projected for the fiscal year
as of June 30th.
Recording fees and photocopies: At the end of the 3rd quarter, we are over our budget in
recording fees with an 80.46% collected vs 75%. We will be overbudget total for the year as we
head into the spring and summer which have the highest amount of house sales.
Photocopies – Vital Records: We have collected $21,599 more than we should for the first 3
quarters. With our proximity to DMV, we have seen an increase in the number of non-South
Burlington residents come in to get their birth certificate as well as maintaining our relationship
with 2 local funeral homes for death certificates. This will be considerably over budget at year
end.
Beverage/Cabaret Licenses: We are underbudget for the year due to several businesses not
renewing their liquor license due to the pandemic. This line item will be underbudget at the end
of the fiscal year.
Expenditures:
Overall, it is my expectation that the total expenses incurred will be under budget for the fiscal
year as of June 30th.
City Clerk Salaries – Permanent: This line is under budget due to the open part time assistant
clerk position. As of today, it still remains unfilled.
General Supplies: This line is overbudget for the first 3 quarters due to the increased toners
needed to print off the increase in birth and death certificates. The engraved paper that we order
to print these vitals on comes out of this account and there was a very unexpected price increase.
It will be close to budget at year end.
Animal Control Expenses: Is underbudget due to 2 reasons. One the postage for mailing
registration tags out is not expensed to this account until year end. Secondly due to more
registrations being done online, we are not handing out as many doggie bags as we have in the
past.
Board of Civil Authority and Election workers: This line item is for paying election officials
to work the polls. With the pandemic and the increase of early mailed of ballots, we were able to
reduce the number of election officials need to work the March election. Also, all the hours that
the BCA worked on hearing of appeals, were expensed out of the special fund for reappraisal
which was not known at the time of budgeting.
PLANNING & ZONNING
Expenditures:
Through three-fourths of the fiscal year, we have expended 76% of the P&Z budget.
Staffing: Permanent salaries are slightly above the budgeted amount, but this is expected and
approved. The Council authorized the use of ARPA funds to help fill the City Planner position in
this current fiscal year. The position was filled in November. As a result, the line item will
continue to outpace the budget for the remainder of this fiscal year.
Materials, meetings, advertising, etc. These items are presently tracking at or below their
budgeted amounts; but we do expect them to in in the range of the budget by the end of the fiscal
year
Stipends. Stipends were paid out to DRB and PC members in January.
Dues, Training, etc. Dues and training are at approximately 45% of budget through three
quarters of the year. We expect these to be expended through the fiscal year.
Consulting & Committee Support. Though six months we are at ~55% of expenditures. We
expect that these items will be at or near budget by the end of the year as projects such as the
Climate Action Plan, planning for transportation projects, and more, continue.
Revenues:
Through three-quarters of the year, revenues are at a robust 117% of the year’s projections.
Development Review. This item is for projects before the DRB (or their administrative
equivalents). Revenues are at 89% of the total annual budget. This is positive for the budget and
will likely result in robust zoning permit revenues in the coming months and year.
Permitting revenues are at over 130% of budget. This was expected based on DRB work earlier
in the year, and is connected to several larger projects advancing to permitting. The permitting
figure is especially variable year-to-year based on when permits for anticipated multi-family or
commercial buildings are received and issued.
Bianchi Ruling: The Bianchi Ruling fees are collected at the time of sale or re-financing of a
home, which tends to occur at times with very low interest rates. These have continued very
strongly for the moment, at 112% of budget. With rising interest rates and limited housing units
on the market, though, we may see this figure slow down in the coming months.
RECREATION & PARKS
Expenses:
To Date Total Expenses: 58%
Administrative: 59%
Salary: We have several months of unpaid salary for our vacant Recreation Specialist position.
Overtime: We have overspent this line item by nearly $5,000; though the decision was a
calculated one needed to support standard levels of services while we are still down a Recreation
Specialist position that was vacated in August. We have now hired a replacement for this
position as Nick Pillsbury began in mid-March. We are thrilled to have him onboard.
Printing: COVID has shifted many of our priorities and we have chosen to limit our printed
marketing to seasonal post cards to alert the community of new program and event offerings.
This is a substantial savings to what has been budgeted for. Additionally, the city has decided
not to continue with the SoBuLife publication, as the pivot to a bi-weekly electronic newsletter
now serves that need, so we are following that marketing lead by eliminating the traditional hard
copy SoBuPlay magazine.
Scholarships: Will be fully used during the summer camp registration process.
Office Supplies/Clothing: Slightly over budget as we upfitted office space for the Recreation
Specialist Position.
Travel and Training: We will utilize the remainder of our travel and training money to do
some staff teambuilding and staff development in the fourth quarter now that we are fully
staffed.
Programs: 22%
General Supplies: Impacts of COVID are still providing stumbling blocks to program offerings.
With more limited programming, the need for supply purchase has been minimal.
Advertising: We have narrowed any paid for print marketing and have focused on maintaining
our inventory of A-frame signs to support drop in posters to market directly at park and school
locations. This, in addition to our free social media resources, weekly newsletter and website-
based marketing have proven to be successful in reaching the community.
School Usage: This annual contribution to the school is anticipated to be paid out in the fourth
quarter.
Red Rocks: 84%
Salary: Any staffing and supply monies in this section will be spent out in the fourth quarter as
we look to open the gates mid-June and support the park with our traditional park Ranger
services. Due to the need to be competitive in the hiring process, we have increased the hourly
rate for the seasonal positions so are likely to be slightly over budget in the line item.
Clothing: Clothing purchases were bulk ordered this fall ahead of the anticipated season
opening. No further expenses are anticipated out of this line item for the remainder of the year.
Facility: 18%
Supplies: Park supplies are tracked and reserved for any winter/spring purchases ahead of the
upcoming open season. Items such as refreshed hoops, nets, picnic tables etc. are all assessed
over the winter so this line item will likely be utilized fully in the coming few months.
Facility Improvements: As with park supplies, much of the needed facility improvements such
as bathroom upgrades, sign replacement, annual wood chip replacement etc. are all utilized in
the spring months in preparation of seasonal opening.
Senior Programs: 43%
Senior Program Expense: Onboarding the Senior Center has been a smashing success! We
have focused on outreach to residents and program creation in October and November to get
things up and running. There has been a great deal of expenses related to upfitting the catering
kitchen as well as the general program supplies needed to support daily programs. While we are
sensitive to not over spending, there may need to be some adjustments made to the budget as we
continue to see the full launch of the center. We are thrilled to report that March saw 975
participants in the Senior Center programs. Rebecca is doing an amazing job, as are the dozen
volunteers that she has supporting programs, events and meal service.
Special Activities: 27%
Adult Programs: We have not been able to support any paid adult programs due to limited
access to space due to COVID. Additionally, with limited staff, we have decided to maintain
what we can of our community event and engagement opportunities to support the adult
population, as well as invest our staff time in creating sustainable volunteer coordinated adult
drop in leagues that provide opportunities for play but don’t require paid contracts, which is why
we have not spent any money in this line item. With the onboarding of our new Recreation
Specialist, we look forward to the addition of four different adult fitness classes in the fourth
quarter; which should help support modest revenue.
Youth Programs: We have run as many of our traditional youth programs as possible through
this fall and winter, which expenses reflect. Though we are not producing as much as we would
like, the impacts to youth programming are more minimal than adult programs as we have been
able to maintain league play for both fall soccer as well as early winter basketball. Spring
program numbers are an encouraging sign that we are beginning to get back to traditional pre-
COVID registration numbers for Youth Lacrosse, Tykes baseball, Track etc.
Ski and Ride: Due to COVID protocols, the school decided to keep the Middle School Ski and
Ride program in-house and have facilitated the program this year independent of he Recreation
and Parks Department. No money has been either expensed or generated for this program this
year.
Swim Lessons: We are thankful to now be fully engaged with The Edge to support youth learn
to swim programs this spring, so we will begin to see some payments made from this line item in
the fourth quarter.
Chorus: Due to COVID protocols, the SBCC did not operate a fall session. We are, however,
supporting a spring semester for about 30 participants with practices happening in the Senior
Center Tuesday evenings. There will be a spring concert held in the auditorium in May. We will
be expensing ½ of this line item in May to pay off the spring season conductor’s contract.
CIP: 70%
Capital Projects in the Works:
Overlook: Additional Plantings/ Pine Tree Removal
Szymanski: Resurfacing of court and construction of four pickleball courts as well as
resurfacing of relining basketball court. *The paving for this project will be spent in the fourth
quarter of FY22, with the remainder of the project being completed and paid for in FY23.
Veterans Memorial: Bathroom Facility Upgrades
Wheeler: Installation of Dog Park
Revenues:
To Date Total Revenues: 44%
Senior Programs
Grants: No grants to report to date. With the launch phase of the Senior Center now complete,
we can add research of grants to our to do list. Our Senior/Adult Recreation Specialist, Rebecca
Isham, has prioritized attending monthly VASCAMP (Vermont Association of Senior Centers
and Meal Providers) meetings and is researching several grant opportunities through that
network.
Donations: To date we have not collected substantial donations. The Senior Center was a
$5,000 benefactor of Bernie Sanders “Mitten Money”, but that has been placed in a specialty
fund and not in the operational budget. This donation was used to support the Senior Holiday
Meal and the upcoming Spring Brunch which are both free events for our South Burlington
Seniors.
Rentals: As we have on-boarded the Senior Center, the focus has been programming. Now that
we are up and running, we will accommodate more intentional marketing of the space for
rentals. We have drafted marketing materials and have protocols and procedures for utilization
of the program space and catering kitchen. These marketing efforts have been fruitful as we
booked several events in the spring. Additionally, we are working with Common Roots to
support a backup indoor location to some of their smaller gatherings on the land at Wheeler. We
anticipate seeing additional revenue from this collaboration.
Meals: While the meal program began in October though AgeWell, we didn’t start collecting
money for the meals until November. We will continue to see monthly revenue of around $750
for meals for remainder of the year which will round out this line item. We are hopeful to move
to three meals a week in June.
Special Activities:
VRPA discount tickets: Vermont Recreation and Parks Association is no longer running their
discount amusement park ticket program, so there will not be any revenue or expense for this
program this year.
Youth Programs: Tracking slightly behind where might like with youth program revenues, but
are thankful that we have been able to offer viable options for year- round play so far and are
lucky to be able to access school facilities for the first time during this pandemic to support
youth recreation programs.
Adult Evening Programs: As mentioned, there are no revenues for adult programs that have
been so significantly impacted by both COVID and our limited staffing; though it should be
noted that the senior center serves adults age 55 and thrives with offerings such as bone builders,
tai chi, seated yoga as well as a variety of game programs.
Afterschool Ski: As mentioned, the Middle School Ski Program is not part of our inventory this
year due to COVID protocols, so we are no seeing expense or revenue for this program; though
the children of the community still have access to the program directly through the school and
supported by a robust scholarship program offered by Bolton Mountain.
Drivers Education: We still have two Drivers’ Education Sessions that will be open for
registration in this fiscal year. This program has been extremely popular as we continue work
with the school to try to catch up on the backlog of needs created during the initial phase of the
pandemic where Drivers Ed was taken off the SBHS class offerings. Additionally, Rice does not
have a school supported Driver’s Education class, so this program offerings supports those
students as well.
PUBLIC LIBRARY
Expenditures:
The Library budget as of March is in good standing. Salaries continue to be low due to early
vacancies, but this will allow us to hire a part time person and contribute to an IT person prior to
July 1. Our monthly visitor count exceeds 6,000 people, and our circulation has taken off on
Saturdays so that the checkouts during the four hours of Saturday equals the circulation from
some of our nine hour days. Adding that position early will ease Saturday staffing and keep us on
track to add a few hours to the schedule in FY 23 as planned.
Spending on materials is on target or a little low, allowing for purchase of the many new books
published in the spring. AV spending is low as we are currently taking processing fees from
supplies. That may change in FY23. Several staff attended classes relating to inventorying and
making library collections more diverse; we will be finishing out the year with that in mind and
planning the same for FY23.
Staff are averaging 50 programs per month including those that we lead, that our volunteers lead,
and that other agencies put on and we host. They are doing a phenomenal job and are offering a
wide range of programs, well within the budget. A high point recently was a visit from Caldecott
Winner and SB resident, Jason Chin. Over 100 people crowded the Marabella Kid space to see
him and buy his books. The concert series in the auditorium continues to bring in 50-70 people.
Kids’ crafting programs are taking root and the supplies budget for that type of program is still in
check. A dark horse is a volunteer led puzzle swap - it costs us little in staff time, nothing in
supplies and continues to grow so that in March we had 50 people attend. The Seed Library
requires more staff and volunteer time, but it too is getting a lot of community attention.
Postage will be billed from the meter at the end of the year. Online and print subscriptions often
go over a bit as more and more services are available electronically. We recently added Mango
Languages, allowing long time residents to learn new languages, new Americans to learn English
and library staff to do limited translating.
Staff development continues and we are keeping track of all training. So much is now available
online that we haven’t used much of this line. Payment for the upcoming VT Library Conference
will show in the final quarter.
Revenues:
Revenues are a bit uneven compared to expectations. In addition to annual grants from the Dept.
of Libraries, we got a grant to support the Veterans Telehealth Project which will finally go live
in May. Copier and printer use are just way down and that is a bit of a mystery. A member of the
Board made a short video to encourage people to take a bus to the library and since then we have
had an uptick in public computer users - perhaps they are related? Computer use rising also
brings up the printing line.
Fines and fees continue to be low; projections for this line were made long before the library was
open and will be revised in FY23.
Look at those non-resident fees! The Board voted to increase that charge to $25 instead of $10,
with the idea that Vermonters can access their own libraries for free and can pay for the privilege
of using this one.
Room reservations are starting to bring in a bit of revenue. The Board agreed that we want our
rooms to be accessible, so all but the auditorium are free for the first two hours. Even so, the high
school recently had a day long meeting in the Community Room, an afterschool provider used
the auditorium for an evening training, and more reservations come in daily. The recording
studio will finally be open to reservations in May and we have been keeping a list of interested
users. We will be offering Adobe Premier for editing and will lead users to online tutorials.
Two reminders: 1. The fund transfer was approved by Council and money spent can be seen
under Library Equipment. 2. Library Lost Books is tracked under Revenue this year but will be a
neutral line as those funds are used to replace the lost materials.
DPW- HIGWAY
Highway revenues are slightly behind projections. However, spring and early summer
activities typically result in increased revenue from overweight and ROW permits. In
addition, grant reimbursements submitted during the fourth quarter will help close the gap
between projections and actual revenues. Overall, it is expected that revenue will finish at or
slightly behind budget projections. Expenditures are generally on target and expected to finish
on target in FY22.
Revenues:
• The Highway State Aid revenue line item exceeded projections.
• The Paving & Other Grants line item has no revenue. This line is Dorset Street Signals
grant revenues. DPW still need to request reimbursement for FY22 costs from a grant
associated with the Dorset Street Signals project. It is unlikely that construction of the
Dorset Street Signals project will occur in FY22, so the bulk of anticipated grant
revenue (and expenditures) for this work will be shifted to the FY23 budget.
• The majority of overweight permits get issued in the spring and we expect the
Overweight Truck Permits line item to finish at or near projections.
• The majority of ROW permits are typically issued in the spring and we expect income
in the Road Opening Permits line item to increase over the next few months. Even so,
this line item will likely finish slightly below projections.
• Highway Miscellaneous Revenue is considerably above projected values. There are a
variety of reasons for this: Replaced City vehicles sent to auction garnered more income
than expected (~$15,000). Grant funding received for E-bike hubs ($24,000) was placed
in this line item.
Expenditures:
• The Highway Salaries – Overtime line item is significantly over budget. Over the course
of the winter we experienced many weekend and holiday snow events that required staff to
come in outside of normal work hours. Efforts will be made to limit overtime over the next
quarter, but we anticipate that this line item will finish the year over the budgeted amount.
• Despite all the snow events we experienced this winter, the Winter Salt line item remains
on target. Invoices are still outstanding, but it is expected that expenses will finish at
projections for FY22.
• The Vehicle Repair Parts line item is expected to finish the year over budget. The cost of
parts and materials went up dramatically through the FY22 budget year. In addition,
frequent snow storms this winter caused more wear and tear on vehicles than is typical.
• Gasoline and Diesel Fuel line items are expected to finish over budget in FY22. Fuel
prices increased significantly during FY22 and frequent snow storms used more gas than
was projected.
• Fuel Station Maintenance costs are at budget projections. Repairs in late winter utilized the
available budget. Assuming no additional maintenance needs, we expect this line item to
finish on target.
• The Tree Care line item is currently underspent. Work related to Ash tree replacement will
occur in the next few months and we expect this line item to finish at its budgeted value.
• The Consulting Services line item is over budget primarily due to expenses related to an
E-bike hub grant ($24,000). This spending was offset by grant funding received for this
work.
• The Highway Paving budget line item will finish above the budgeted value. However, the
value shown in this line item doesn’t account for funds that were rolled over from the
previous fiscal year or offsetting funds received from a paving grant.
• The special projects line item is for the Dorset Street signals project. It is expected that
this project will go to construction in FY23 so funds will remain unspent in FY22 and
need to be carried into the next fiscal year.
POLICE DEPARTMENT
Please find below a budget line-item review by fund for either major expenses or revenues worth
reporting that are disproportional to their annual budgeted amount.
Police Salaries – Overtime: Low Census – The department has retired / resigned six officers in
FY 22. The police department is currently operating with 27 serviceable officers. At this time,
we have 3 new officers at the Vermont Police Academy, 2 officers on long term medical leave, 1
officer deployed, and 6 officer positions vacant.
COVID-19 – The organization continues to struggle with long term sick absences related to
COVID-19, now more than in 2020. This challenge has been amplified given our overall low
census.
Mandatory Training – Overtime: New Legislated Use of Force Standardized / Policy – The
department trained all sworn staff on the newly legislated use of force standard and policy in the
first quarter of FY 22. Over the mid-point of FY 22 the department has been training officers in
other required training disciplines needed to maintain our certifications.
Radio Equipment – Supplies: Break / Fix – We simply have had to repair and replace a variety
of radio components. Once this line is exhausted the organization will use Uniform Supplies line
(29.63% expended) as needed.
Traffic Unit Supplies: Governor’s Highway Safety Grant – Typically the organization receives
a $5,000 equipment grant from the State of Vermont in September of each year. This FY 22
funding was ear marked to replace our aging alco sensor fleet. The organization purchased the
new alco sensor technology and once we receive the grant funding the budget line will be
approximately 50% expended.
Community Outreach: Although we look to be trending upward in this line, the budget was
prepared with the full contracted service with Howard.
Towing Services: The organization has simply had to tow more vehicles that were seized as part
of investigations – shooting at the mall, vehicle / cyclist collision on Dorset Street, drug crimes,
and as part of a growing trend of stolen cars which are recovered and forensically processed.
Radio Equipment Maintenance: Break / Fix – We simply have had to repair and replace a
variety of radio components. Once this line is exhausted the organization will use Uniform
Supplies line as needed.
Animal Control Contracts: We had one incident involving a large aggressive dog that was
found abandoned in a vehicle. The ACO and PD team had to be very creative in finding a
housing solution, behavioral assessment of the dog, and subsequent process to return the dog to
his breeder in Maine.
Inservice Training: This line is actively managed, overage is not expected.
Recruiting & Testing: Polygraph Examinations – Each police applicant under goes a polygraph
examination (required to attend the Vermont Police Academy). Our recruitment efforts have
advanced applicants to this stage it the process but not everyone is successful.
Career Fairs – The organization has reinvested in college career fairs. These efforts have been
focused on institutions where our officers are alumni, each institution charges a small fee to
participate in these events.
Recruitment Material – the organization has made small investments in recruitment materials;
posters, flyers, etc. Recruitment is a critical need at this point and I anticipate over spending this
line.
Building Common Area Fees: This line reflects the actual cost of full ownership of 19 Gregory
Drive. Full ownership of the building has intersected with some higher than anticipated
maintenance costs given the building’s a
Revenue:
The police department has several revenue sources that are grant funded or pass-through
expenses – extra duty, bullet proof vests, drug task force, ICAC. These funds are allotted as
needed or justified and, in most cases, operate on the federal fiscal year.
Vermont District Court: There is little in the way of criminal prosecution occurring that
resulted in fines being collected. Much the same can be said about traffic ticket revenue, the
Department is not spending our resources on traffic enforcement regularly.
Alarm Registrations: This process occurs is underway.
Alarm Fines: We try to work proactively with alarms that become chronic to avoid issuing fines
and placing a property on a “do not respond list”.
FIRE & AMBULANCE
Expenses:
As inflation and supply shortages/challenges continue to slowly spiral upwards, we are seeing
the first signs of ever-increasing costs in some of our line items. While we were able to forecast
and increase our inventories during the first 18 months of the pandemic, it has become more
challenging to anticipate when some resupply items will be available, as some companies have
not yet brought up to full capacity the manufacture of many of these products. On the medical
supply side, the Department is seeing delays, as well as shortages in everyday items such as
needles, intravenous fluids and saline locks. We recently developed a partnership with UVM-MC
for some of the more critical items, as they are the largest bulk purchaser in the State. We hope
this will continue and will result in savings over time.
Over time: The Department is currently experiencing the fourth wave of COVID-19 in our
members and families. Fortunately, several factors have reduced the physiological impact. All
members continue to be fully vaccinated and boosted. This, coupled with early detection and
excellent pharmacological treatment, to date, has resulted in no member being seriously ill.
However, when a member becomes COVID positive, they are typically off line for 10-14 days
(Health Care Providers have a different Return to Work matrix than the general public). This, in
conjunction with injuries, light duty assignments for medical reasons, 2 vacancies (1 unfunded)
created by resignations, and a retirement, has created a short fall in staff availability.
Expenditures Pending and Budgeted for in FY22:
Firefighting equipment – $10,000-$12,000 to replace a 15 year old Therma Imaging Camera is
on back order.
EMS equipment- $32,000 -The EMS/FD-RMS system replacement is awaiting a final incoming
bid, which is due to us by the end of this month, from First Due RMS, LLC.
Revenues:
The Fire Marshal’s Office has received several large projects that are in our review process.
These projects encompass approximately $340,000 in fees. The projects are due for full
permitting by the end of April. These projects have been proposed for a couple of years but have
been delayed. They represent several years of work by the City Administration and several City
Departments who encouraged and shepherded the applicants through State and City processes.
These projects will be shovel ready for the late spring and early summer construction season.
Savings: Through excellent interagency communications and cooperation, SBFD was able to
secure 8 digital VHF portable radios to replace our aging analog Mutual Aid radios. Our contact
in BATF became aware of some returned Homeland Security Interoperability Program radios
that needed to be re-homed. With the assistance of VTANG Logistics Group, the radios were
brought from a depot in Maryland to Vermont. SBFD was one of six agency that received these
radios at no additional cost to our taxpayers. Savings- $20,000
STORMWATER
The stormwater budget is 72.2% expended at the end of the 3rd quarter. We anticipate that the
stormwater division’s expenditures will finish the fiscal year on target, or slightly below
projections. Projects that were anticipated to begin construction in May/June 2022 (e.g.
Lindenwood stormwater improvements and a stormwater project in collaboration with
Burlington Country Club on Spear Street) will not begin until after July 1, 2022. Expenses and
grant related income for these projects will therefore be accounted for in the FY23 budget.
Revenue:
Intergovernmental Revenue was estimated to be $2.9M, but there is currently an uncollected
balance of $2.5M. Additionally, the City was approved for a $675,000 loan from the State
for the engineering design of twelve “3-Acre” sites. The City is still waiting for the State to
issue that loan money. It is anticipated that this income will be received in FY22. Lastly, a
portion of the Intergovernmental Revenue anticipated in the budget comes from grant
reimbursement from construction projects. The grant reimbursements may not be collected
until FY23 because these projects have not yet gone to construction.
The Reserve Transfer In line item of $400,000 may not occur, as the projects scheduled for
the FY22/FY23 construction season are unlikely to incur significant costs prior to FY23.
Expenditures
• Water Quality monitoring is currently at 10%. The budgeted amount of $30,000 will
be spent under a contract for Stream Flow Monitoring that was signed in January for
calendar year 2022. Sampling and consultant efforts are driven by rainfall events, so
final spending under this line item will be dependent on the frequency of storms
during spring and early summer.
• Engineering Watershed is anticipated to come in under budget this year. Significant
engineering efforts are underway, but these expenditures are currently being spent as
part of Stormwater Capital Projects.
• GIS Fees were overspent by 185% in FY21. This was a result of invoice timing and
payment. As a result, we anticipate underspending this line item in FY22, currently at
47%.
• Vehicle Maintenance is $3,500 and over budget at 164%. This is due to unanticipated
repairs for a street sweeper, repairs for a lawn mower for pond mowing, and repairs to
the camera in the camera van. We anticipate that this line item will finish the fiscal
year over projected values.
• Storm system maintenance material is currently underspent at 24% of the budget. This
line item is dependent upon miscellaneous repair/maintenance work that occurs
throughout the year, which tends to have high variability year-to-year.
• Conference/Training is currently under spent, as more conferences and trainings have
been held remotely during COVID and staff have not traveled to conferences.
• Vehicles/Equipment shows as being underspent by $155,000. This funding is budgeted
to go into reserve for future fleet purchases.
WATER QUALITY
Water Quality department expenditures are at 63% and revenues are at 84% at the end of the
third quarter. It is anticipated that expenditures will finish on target and that revenues will be
slightly over the projected budget values for FY22.
Revenue:
• Due to sensitivities related to the COVID pandemic, the City has not pursued
collection of past due fees and has had a moratorium on water shutoffs due to overdue
fees. Despite this, wastewater fee revenue remains generally on target. Utility billing
staff will be sending out notices in April 2022 to take notify customers of past due
fees and start collection proceedings, as necessary.
• Connection fees have significantly exceeded revenue expectations. This is due to
higher than anticipated level of development in the City over the course of FY22.
Expenditures:
• Salaries-overtime is at 117% $58,502: Emergency repairs, short staffing/training of
new staff have contributed to this overage. It is anticipated that this line item will
finish slightly over budget.
• Plant supplies are at 84% $83,878: General account includes $25,512 for Trojan UV
Disinfection units’ consumables (bulbs, ballasts, etc.) at Airport Parkway; $6,150 for
new AP SCADA computer (4-year replacement). Additionally, the Bartlett Bay
insurance claims from damage caused by an electrical power surge in March are
included here. Those expenses will be reimbursed by our insurer (approximately
$12,000 to date).
• Polymer is at 98.6% $73,923: We purchased in bulk because of rising costs and
supply chain issues. We now have several months supply of polymer in storage. This
line item is expected to finish on target.
• Sewer Line Maintenance is at 395% $118,421: A variety of emergency repairs (e.g.
force main breaks) have caused this line item to exceed the projected budget value in
FY22. In addition, we anticipate further spending in this line item as the force main
issues in the Queen City Park area still require paving and clean up this spring.
• Alum is at 124% $155,546: Both wastewater treatment facilities use alum as part of
efforts to minimize the amount of phosphorus discharged from wastewater
treatment facilities. Alum costs are also increasing. We anticipate that this budget
item will finish over budget and may need to be increased in future fiscal years.
• Truck parts are at 137% $10,295: The existing tanker truck had several issues and
required numerous repairs to keep it in operation. This piece of equipment is critical to
the department’s activities. Replacement of the current truck (planned for this year)
will mitigate repair spending and we anticipate that this line item will not be exceeded
in future fiscal years.
• Safety is at 211% $10,531: Major costs included $2,148 for backflow valve
certification. Additional safety equipment needed replacement this year.
• Soil Sludge Management 86.4% $103,719: Major one-time costs include annual
microturbine maintenance fee of $7,484, $15,310 for Airport Parkway grinder pump
replacement and $3,643 for compressor repair. We anticipate this line item finishing
close to the budgeted value.
• HVAC maintenance is at 157% $27,521: The HVAC system at Bartlett Bay has needed
significant repair due to the age of the equipment. The hot water tank system at Airport
Parkway failed and needed replacement ($12,885). These issues have combined to
cause this line item to go over budget. The HVAC systems at our wastewater treatment
facilities continue to be problematic. The planned facility wide upgrade at Bartlett Bay
will partially address this issue in the future.
• Replacement Vehicles is at 98% $39,346: purchase of F450 flatbed for collection
system maintenance. Depending upon the delivery date of additional replacement
vehicles, this line item may exceed the budget value in FY22. However, the
wastewater reserve contains funds planned for fleet purchases.
• Pump Replacements is at 95% $47,238: $16,010 Airport Parkway digester pump
replacement, $15,156 initial bandscreen repairs. Unless additional pumps fail this fiscal
year, we anticipate this line item finishing on target in FY22.
• Pump Repairs is at 95% $38,061: $25,865 for one new digester pump and repairs to
two others. Unless additional pumps fail this fiscal year, we anticipate this line item
finishing on target in FY22.
Drinking Water
At the end of the third quarter, water department revenue and expenditures are in line with
budget projections. It is anticipated that both department revenue and expenses will finish on
target in FY22.
Revenues:
• Acct 4000- Water sales are close to budget projects at this time even though there is
a significant amount of money due from delinquent accounts that would apply to this
line item. Due to sensitivities related to the COVID pandemic, the City has not
pursued collection of past due fees and has had a moratorium on water shutoffs due
to overdue fees. Utility billing staff will be sending out notices in April 2022 to take
notify customers of past due fees and start collection proceedings, as necessary.
• Acct 4040/4041- Connection fee income is slightly ahead of budget projections thus
far due to new development in the City. Before the rates and fee schedules are updated
for FY23, water department staff recommends increasing the water allocation fee that
has not be increased in many years.
• Acct 4055- Scrap metal income is the result of scrapping all of the old meters and brass
obtained over the year.
Expenditures:
• Acct 5054- Contractor work includes the replacement of several aging and obsolete fire
hydrants throughout the city completed in late fall, but does not yet include all of the
water leak repairs encountered this winter. We are still waiting for two invoices for
leak repairs from a local contractor, that will most likely be submitted after they go
back and complete clean up. This account is expected to finish at or slightly above
budget projections this fiscal year.
• Acct 5070 & 5071- Principal and interest payments have not yet been made for the
year and will result in an overall expense of approximately $106,000 before July 1.
These line items are expected to finish as projected.
• Acct 5080 and 5090- Water Supply Permit Fee and Water Purchase expenses are
slightly behind budget projections at this time. We anticipate these line items finishing
on target this fiscal year.
• Acct 5171- Bargaining Unit Salaries are significantly less than budgeted at this time
due to staff openings within the Department.
Acct 6800- Distribution materials include brass, repair parts, pipe, hydrants and meters, all of
which have seen and continue to see cost increases not expected during budget preparations. This
account will show a deficit at the end of FY22. In order to ensure that we can maintain and repair
our water system over the next few months, the water department has ordered a significant
amount of distribution materials that we normally get “off the shelf” but now have lead times of
6 months or more
MEMORANDUM
TO: South Burlington City Council FROM: Andrew Bolduc, Deputy City Manager DATE: April 29, 2022 RE: South Burlington’s Annual Social Services Spending ______________________________________________________________________________
Background
Over the past few years, the South Burlington City Council has generally frozen its annual Social Services spending and allocated the $15,000 set aside in the annual budget to the same eight
community organizations that support South Burlington directly. These organizations are:
NAME Amount Disbursed FY21
Age Well $1,500.00
Common Roots $2,000.00
COTS $1,000.00
Howard Mental Health $2,000.00
Recreation Dept Scholarship Fund $2,000.00
SB Food Shelf $2,000.00
STEPS to end Domestic Violence $2,500.00
United Way Northwest VT $2,500.00
Total $15,500.00
New this past year, in July, 2021, the Council also provided seed money through fund balance to the Trinity Education Center for $11,000. Over the past year, the City has also received general appeals from a number of other community organizations such as:
•American Red Cross
•Greater Burlington Industrial Corporation
•Vermont Family Network
•University of Vermont: Home Health & Hospice
•JUMP Joint Urban Ministry Project
•Vermont Adult Learning
•South Burlington Community Justice Center
Discussion & Action
Please review the above past disbursements and provide direction whether any of these allocations
or organizations should be amended in FY22. As a reminder, the FY23 budget retains the same $15,000 amount.