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Home My WebLink AboutAgenda - City Council - 05/15/2023AGENDA SOUTH BURLINGTON CITY COUNCIL South Burlington City Hall 180 Market Street SOUTH BURLINGTON, VERMONT Participation Options In Person: 180 Market Street - Auditorium - Main Floor Assistive Listening Service Devices Available upon request Electronically: https://meet.goto.com/SouthBurlingtonVT/citycouncil-05-15-2023 You can also dial in using your phone. +1 (571) 317-3122 Access Code: 354-801-565 Regular Session 6:30 P.M. Monday May 15, 2023 1.Pledge of Allegiance (6:30 PM) 2.Instructions on exiting building in case of emergency and review of technology options –Jessie Baker, City Manager (6:31 – 6:32 PM) 3.Agenda Review: Additions, deletions or changes in order of agenda items (6:33 – 6:34 PM) 4.Comments and questions from the public not related to the agenda (6:35 – 6:45 PM) 5. Councilors’ Announcements and Reports on Committee assignments and City Manager’s Report (6:45 – 6:55 PM) 6.Consent Agenda: (6:55 – 7:00 PM)a.*** Consider and Sign Disbursementsb.*** Approve purchase of a fire engine and ambulance as outlinedc.*** Award contract for TIF appraisersd.*** Award Lead Service Line Inventory (LSLI) Contract and approval to submit a loanapplication to the Vermont Drinking Water State Revolving Fund e.*** Award of the FY24 Annual Paving Program contract to Pike Industriesf.*** Award construction contract for replacement of Main Line Gate Valves onShelburne Roadg.*** Approve grant application for a VTrans Municipal Roads Grants-in-Aid Program toimplement best management practices in accordance with the Vermont Departmentof Environmental Conservation Municipal Roads general Permit. h.*** Receive the FY24 April Financialsi.*** Approve a Natural Resources and Conservation Committee request to provide aletter of support for a Vermont Invasive Species Management Dayj.*** Approve the submittal of a Norther Borders Regional Commission CatalystProgram Grant Application for the water storage tank project with Tom DiPietronamed as the primary contact ad Jessie Baker named as the Authorized Official k.*** Approve “Addendum to Maintenance Agreement” for the public art project locatedat 222 Dorset Street 7. *** Approve an offer of appointment and introduce the City's new City Clerk – Daisy Brayton, Human Resources Director (7:00 – 7:10 PM) 8. *** Receive the warrant of unlicensed dogs and cats and provide direction – Donna Kinville, City Clerk (7:10 – 7:20 PM) 9. *** Approve a Resolution Honoring Leslie Black-Plumeau for her Years of Service Volunteering – Affordable Housing Committee (7:20 – 7:30 PM) 10. *** Warned for 7:30 PM: Public Hearing: Land Development Regulations Amendments #LDR-22-09: Updates to Article 12 Environmental Standards – Paul Conner, Planning & Zoning Director (7:30 – 7:50 PM) 11. *** Possible action on Land Development Regulations Amendments #LDR-22-09: Updates to Article 12 Environmental Standards – Paul Conner, Planning & Zoning Director (7:50 – 8:05 PM) 12. *** Receive an updated Rental Ordinance and implementation plan and provide direction to staff – Steven Locke, Deputy City Manager (8:05 – 8:35 PM) 13. *** Receive an update on Regional Dispatch discussions and local system improvements –Shawn Burke, Police Chief, and Steven Locke, Fire Chief (8:35 – 8:55 PM) 14. *** Receive a status update on Hubbard Park preliminary engineering and next steps – Erica Quallen, Deputy Director of Public Works for Capital Projects, Holly Rees, Director of Parks and Recreation (8:55 – 9:25 PM) 15. *** Discuss the FY23 Social Service appropriations – Martha Machar, Finance Director (9:25 – 9:40 PM) 16. *** Receive the FY23 Policy Priorities and Strategies Report #3 – Jessie Baker, City Manager (9:40 – 9:55 PM) 17. *** Convene as the South Burlington Liquor Control Commission to consider the following: Aviation Deli & Fine Foods LLC, Tobacco License; Higher Ground, Third Class Club; Hudson“CAN”, Tobacco License (9:55 -10:00 PM) 18. Other Business (10:00 – 10:10 PM) 19. Consider entering a possible executive session to consider pending litigation 20. Adjourn Respectfully Submitted: Jessie Baker, City Manager *** Attachments Included Champlain Water District Check/Voucher Register - Check Report by Fund From 5/16/2023 Through 5/16/2023 Check Date Check Number Vendor Name Invoice Description Check Amount Invoice Number 5/16/2023 4566 Aldrich & Elliott, PC Project #21001.004 1,223.85 81273 5/16/2023 4567 Aldrich & Elliott, PC Project 22025.001 689.04 81308 5/16/2023 4568 Champlain Water District - Retail Retail to SBWD April 2023 Billings 52,039.97 SBWD-397 5/16/2023 4569 Champlain Water District Wholesale to SBWD April 2023 Billings 349.39 SBWD-390 5/16/2023 Champlain Water District Water Consumption April 2023 129,407.06 SBWDWTRCONSUMP043023 5/16/2023 4570 E.J. Prescott Hydrant Replacment - Patchen and Kirby Rd 283.50 6158736 5/16/2023 E.J. Prescott New Box and Rod 378.44 6159658 5/16/2023 4571 F.W. Webb Company Patchen & Kirby Rd Hydrant Replacement 1,061.25 80484749 5/16/2023 4572 Office Essentials of Vermont Binders 101.94 39385 5/16/2023 4573 South Burlington Sewer Department April 2023 Sewer Billings 328,598.55 SBSEWER-043023 5/16/2023 4574 South Burlington Stormwater Department April 2023 Stormwater Fees 217,274.07 SBSTORM-043023 Total 70 - South Burlington Water Department 731,407.06 Report Total 731,407.06 70 - South Burlington Water Department SOUTH BURLINGTON CITY COUNCIL Page: 1 South Burlington Fire Department 575 Dorset Street South Burlington, VT 05403 (802) 846-4110 Fax (802) 846-4125 To: Jessie Baker, City Manager From: Steven A. Locke, Fire Chief RE: Capital purchase of fire engine and ambulance Date May 5, 2023 The Fire Department is requesting authorization to purchase a new fire engine for $942,702 and a new ambulance for $432,500 as outlined in the capital budget, which was presented to and approved by City Council during the FY24 budget process. The chart below illustrates the funding plan previously presented to City Council. FY24 FY25 FY26 FY27 FY28 FY29 FY30 Engine 1 $135,000 $135,000 $135,000 $135,000 $135,000 $135,000 $135,000 Ambulance $129,333 $129,333 $129,333 Fire Engine The capital plan identifies the replacement of a fire engine that was purchased in 2009. The department developed desired specifications, published an RFP and received one response from Descorcie Emergency Products, who is the vendor for E-One fire apparatus. The vendor provided pricing that meets all specifications, and the price is in line with expectations. It should be noted that it is not uncommon for only one vendor to bid on fire apparatus. However, the price submitted is lower than if purchased through Sourcewell©, a cooperative group purchasing system. The funding plan identified in the capital plan is a combination of savings and financing. It is anticipated that the new truck will not arrive until December 2025 which will allow three fiscal years of contributions into the capital plan. Any balance remaining would then be financed through lease financing or paid from reserves. This is the most effective way to manage the purchase of an expensive unit with a 12-year life expectancy. Ambulance The capital plan also calls for the replacement of an ambulance in FY24. The department currently has two ambulances; one that was purchased in 2011 and one that was purchased in 2016. Additionally, the department has a new ambulance on order which has a delivery date set for October 2024. During the FY24 budget process, the Council approved standing up a second ambulance in order for the department to meet the growing medical call volume and provide timely services to the community. The department needs to expand the ambulance fleet to three units (two primary and one in reserve) to coincide with the additional staffing later in FY24. The department requested pricing from the two local vendors which sell the majority of ambulances in the area. We have familiarity with both units and received a price of $410,000 from Descorcie Emergency Products (Osage Ambulance) and $432,259 from North Eastern Rescue Vehicles (Braun Ambulance). The department is recommending purchasing the Braun Ambulance for consistency amongst the fleet. Currently the department’s primary ambulance and the ambulance on order are manufactured by Braun. Having three ambulances that are designed with equipment storage almost identical is extremely important as crews move between the two primary units and the reserve truck. While not a dealbreaker, given that these units have an expected service life of nine years, the price difference is minimal over time. The current delivery time for an ambulance from either member is between 24 – 30 months. Similar to the fire engine, the funding plan identified in the capital plan is a combination of savings and financing. It is anticipated that the new ambulance will not arrive until May 2025 which will allow two fiscal years of contributions into the capital plan. Any balance remaining would then be financed through lease financing or paid from reserves. I thank you in advance for your anticipated approval. 180 Market Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.SouthBurlingtonVT.gov To: Jessie Baker, City Manager From: Ilona Blanchard, Community Development Director Subject: Award Contract to Provide Appraisal Services for ROW Acquisition in City Center. Date: May 11, 2023 Background: Several transportation projects are underway in City Center that require right-of-way to accommodate transportation needs. To provide appropriate connections, increase capacity, and facilitate pedestrian and bicycle travel, the engineers on each project have identified areas where acquisition of right-of-way is needed – both permanent and temporary. The City follows State and Federal process to acquire right-of-way. Once plans and warranty deeds have been developed and approved the City will need appraisals by an appraiser qualified to perform property value estimates in compliance with the Uniform Act (the federal law regarding acquisition of property). The City is required to provide a professional appraisal for acquisitions over $25,000 in value, and upon owner request, for acquisitions estimated to be valued above $10,000. All other appraisals may be estimated values provided by the City Tax Assessor. Based on this requirement, the City will likely need 13 appraisals and may need an additional 11. In addition, the City would like to see most or all of these appraisals completed this summer and fall. Request for Proposals The City issued Request For Proposals (RFP) on April 11, 2023. Proposals were due on May 1. Notice of the RFP was listed on the Vermont Bid System and on the City’s website. The RFP was also directly e-mailed to nine appraisers on the VTrans list of appraisers qualified to conduct appraisals in support of right of way acquisition. Several recipients responded they would not be bidding, mainly due to existing obligations. Keller & Associates, Inc provided a response on April 30 (before the submittal deadline). This was the only respondent to the RFP. The proposal cost is $3,200 per property appraisal, and $150 per hour for professional services post acceptance of the appraisal, such as for testimony. The price is in line with what the City has paid for other ROW appraisal services. Keller & Associates, Inc is a VTrans qualified appraiser for this service. The City has also worked with Keller & Associates before and found their work to be professional and timely. The VTrans project managers on the two projects with federal funding have reviewed the proposal and have concurred with the recommendation to award a contract to Keller and Associates, Inc. Projects These services are proposed to be used on the Williston Road Streetscape, Garden Street (Phase I & II), and the East West Alternative Transportation Crossing (Walk Bike Bridge). Attachments: • Request for Proposals Recommendation: Authorize the City Manager to negotiate and execute a contract with Keller & Associates, Inc for appraisal services in support of City Center right-of-way acquisition. REQUEST FOR PROPOSALS ROW ACQUISITION APPAISALS Projects: Williston Road Streetscape, East-West Alternative Transportation Crossing and Garden Street Submittal deadline: Monday, May 1, 2023, 2 PM Proposals, subject to the Terms and Conditions of this REQUEST FOR PROPOSAL and other contract provisions, will be received by the Community Development Director at City Hall, 180 Market Street, South Burlington, VT, before the closing time and date shown above. Proposals must be provided via e-mail, addressed to iblanchard@SouthBurlingtonVT.gov and have “Sealed Bid – Appraisals” with the company name in the subject line. Proposals may be withdrawn at any time prior to the official opening. Proposals may not be altered, amended, or withdrawn after the official opening without the recommendation and approval of the City Manager. The undersigned agrees if the proposal/bid is accepted, to furnish any and all items upon which prices are offered, at the price(s) and upon the terms and conditions contained in the specifications. The period for acceptance of this proposal shall be ninety calendar days. BY SIGNING BELOW, YOU SIGNIFY THAT YOU HAVE READ THE ENTIRE DOCUMENT AND AGREE TO THE TERMS AND CONDITIONS THEREIN. Company Name and Address Company’s Authorized Agent Signature Date Federal ID Number (TIN) or SSN and Name Name and Title (Typed or Printed) Contact Name: Email address: Telephone No. Price per Appraisal (in numerals): Write price per appraisal out in full below: Price per hour for professional services during acquisition process post appraisal (such as preparation for and testimony): 2 Contents 1. INTRODUCTION ............................................................................................................................. 2 2. PROJECT ........................................................................................................................................ 2 2.1 Project Scope ............................................................................................................................ 3 3. SPECIAL CONDITIONS ........................................................................................................................ 3 4. PROPOSAL ......................................................................................................................................... 3 4.1 Proposal Contents ..................................................................................................................... 4 4.2 Submittal Instructions ............................................................................................................... 4 4.3 Evaluation.................................................................................................................................. 5 5. SCHEDULE ......................................................................................................................................... 5 6. QUESTIONS ....................................................................................................................................... 5 7. GENERAL CONDITIONS ..................................................................................................................... 5 7.1 Non-Binding .............................................................................................................................. 6 7.2 Irregularities .............................................................................................................................. 6 7.3 Rejection of Proposal ................................................................................................................ 6 7.4 Failure to Execute the Agreement ............................................................................................ 7 8. EXHIBITS ............................................................................................................................................ 7 Exhibit A – Williston Road Streetscape DRAFT ROW Plans ................................................................... 8 Exhibit B - East-West Crossing Vicinity Map ....................................................................................... 13 Exhibit C - Garden Street Streetscape Phase 1 & 2 ............................................................................. 15 Exhibit D - Standard Contract – Sample .............................................................................................. 23 1. INTRODUCTION The City of South Burlington is requesting Proposals from interested and qualified Firms (Proposers) to provide appraisals in support of a transportation project Right-of-Way Acquisition process in conformance with the Federal Uniform Act. Proposals are due by the date listed on the cover. 2. PROJECT The City of South Burlington Vermont is seeking proposals for appraisal services on a per property basis from VTrans prequalified appraisers to complete appraisals in support of acquisition of right-of-way. Appraisals, defined as a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information, will be required to be provided in conformance with the Federal Uniform Act and according to any VTrans guidance. 3 The owner or owner’s designated representative must be given the opportunity to accompany the appraiser during any inspection of the owner’s property. 2.1 Project Scope The City is acquiring property rights to install pedestrian and bicycle accommodations and related infrastructure (such as stormwater) and one intersection realignment. The project includes minor utility relocation. No buildings will be acquired. It is estimated that seven to fifteen properties will need appraisals as part of the acquisition process. Work would be initiated in May or June as right-of-way plans are still in development. Appraisals shall be completed as expeditiously as possible over the course of the summer. All appraisals will be subject to review by the City and VTrans. Attached right-of-way plans are not final, and assessments have not yet been completed to determine which properties would require an appraisal. Generally, impacts are along the frontage of properties including land, slopes, landscaping, signs, and lighting. Williston Road Streetscape – Dorset Street to Midas Drive; south side only. Approximately seven properties (Parcels 1, 2, 3, 7, 10, 11, and 12) may require an appraisal for permanent and temporary rights for the installation of pedestrian and bicycle facilities and related infrastructure improvements, however, this number may be reduced if rights are donated by property owners. East West Alternative Transportation Crossing (Walk Bike Bridge over I-89) – Staples Plaza to CVS on Williston Road (US Route 2). Out of five adjacent properties, at least one parcel may require an appraisal for a shared use path and slope rights. Garden Steet (including the Williston Road Intersections): Phase 1 includes Garden Street from Dorset Street to the beginning of South Burlington City Center, LLC’s property and the segment between this property, along Midas Drive to Williston Road (US Route 2). Phase 2 is the intersection of Williston Road Midas Drive and White Street, along Williston Road to and including the intersection of this roadway with Patchen Road and Hinesburg Road (US Route 116). Note that parcel 5 has already been acquired by the City. Of six potential properties it is unclear whether none or all will require an appraisal. 3. SPECIAL CONDITIONS Special Conditions for this project are: • Appraisers must be pre-qualified by VTrans to complete commercial appraisals in support of the acquisition of right-of-way by the proposal due date. • The City’s selection of a consultant is subject to VTrans concurrence and may require an interview. 4. PROPOSAL Failure to provide all information, inaccuracy or misstatement may be sufficient cause for rejection of the proposal. 4 Proposals shall be submitted to the City by the date and time shown on the cover .pdf. in the manner indicated in 4.2 Submittal Instructions The City may follow up with questions or interviews, or accept a proposal as provided. 4.1 Proposal Contents 1. A completed Proposal Cover Sheet which is the first page of this RFP signed by a person with the corporate authority to bind the firm into entering any contract which results from the RFP including: a. Pricing which shall be per appraisal and be all inclusive, including any and all follow-up meetings but excluding any legal proceedings. b. Hourly fee by person for legal proceedings post appraisal acceptance and approval. B. Cover letter containing the following information: a. Person or people that will be completing the appraisal. Attach the qualifications for the person who will provide the appraisal services. b. Description of availability, capacity and approximate timeline to complete the appraisals and the time frame required to do so: c. Exceptions and/or clarifications to the RFP and/or sample contract terms listed item-by- item. d. Note any additional fees in the cover letter that are not covered in the cover sheet. 4.2 Submittal Instructions Respondents for this Project shall submit a Proposal by the deadline (see cover page) as follows: 1. Provide the Proposal EITHER as: A) a PDF not exceeding 19 MB in an e-mail to iblanchard@SouthBurlingtonVT.gov with the subject line “Sealed Bid – Appraisals” and your firm’s name or B) in a hard copy within a sealed envelope with “Sealed Bid – Appraisals” and your firm’s name on the outside of the envelope to the Attention of Ilona Blanchard, City Manager’s Office to City Hall, 180 Market Street, South Burlington, VT 05403. 2. Provide all information requested by this RFP. 3. Provide information as it pertains to your firm. When referencing projects that were joint ventures, indicate such and explain your firm’s rol1e in the project. 4. The Proposal should be well organized and as concise and complete as possible while still providing the requested information. Non-requested information and lengthy responses are discouraged. A suggested response would be cover sheet, cover letter, and 1-5 pages of qualifications. 5. Information you believe is relevant to the selection of your firm for this Project but not requested by the RFP may be submitted as an appendix to the Proposal. Submittals will not be opened until the due date and time. If you do not receive confirmation of receipt of a digital submittal prior to the due date but you have submitted it, please e-mail or call. There will be no formal opening. All communications concerning the selection process and questions related to the RFP shall be directed to Ilona Blanchard, iblanchard@SouthBurlingtonVT.gov. In e-mail communications, please place RPP Appraisals question in the subject line. 5 All proposals upon submission become the property of the City of South Burlington. The expense of preparing and submitting a proposal is the sole responsibility of the submitter. 4.3 Evaluation Proposals responsive to the needs of the City shall be evaluated based on the following criteria: Price .............................................................................. 33% Capacity to complete the work… .................................. 33% Qualifications…………………………………………………………….. 34% During evaluation, the City of South Burlington reserves the right to request additional information to assist in the evaluation of the proposal. 5. SCHEDULE (all dates are subject to change) Advertised Tuesday, May 11, 2023 Deadline to submit questions Wednesday, April 19, 2023 Proposals due 2 PM, Monday, May 1, 2023 Agreement executed May 19, 2023 6. QUESTIONS All questions regarding this RFP must be submitted in writing by e-mail to Ilona Blanchard, iblanchard@southburlingtonvt.gov no later than the last day indicated above. 7. GENERAL CONDITIONS The selected firm shall adhere to the schedule as laid out in this request or modified by the contract, or in writing by both parties. After opening, a respondent may not change any provision of a qualification, bid or proposal in a manner prejudicial to the interests of the Owner or fair competition. Minor informalities may be waived or the applicant may be allowed to correct them at the discretion of the City. Exceptions to the Contract shall be specified at the time of the proposal submittal. A failure to specify exceptions will be deemed an acceptance of the Contract’s terms and conditions. Should the City choose to negotiate, the City may consider any such exceptions but shall not be bound by any such exceptions. A contract containing standard clauses has been attached for your information. City may opt to use the City’s contract or the Contractor’s standard contract, but will not accept contractual clauses contrary to the City’s standard contract unless it is in the interest of the City to do so. Prior to beginning any work, the Consultant shall obtain Insurance Coverage in accordance with the Specifications for Contractor Services located in the VTrans Municipal Assistance Section website. The certificate of insurance coverage shall be documented on forms acceptable to the City. All plans, schematic proposals, various design alternatives, specifications and other documents resulting from this contract shall become the property of the City. 6 The City retains the right to approve all project team members and to require alternatives be proposed for the team if an individual or sub is not approved. The selection of a Firm shall be made without regard to race, color, sex, age, religion, familial status, sexual orientation, gender identity, national origin, physical or mental condition, HIV status, military service, or political affiliation. The City of South Burlington is an Equal Opportunity Employer and encourages proposals from qualified minority and woman owned businesses. Firms shall comply with all applicable federal, state and local laws and regulations in the performance of service. If the type of work is typically performed by someone whose profession must be licensed, then the vendor must be licensed in the State of Vermont. Materials associated with this invitation and any responses are subject to the terms of the Vermont Access to Public Records Act (1 V.S.A. Chapter 5, Subchapter 3) and all rules, regulations and interpretations resulting from, and any other applicable rules, regulations or judicial decisions regarding access to the records of government. Only particular sections or pages which are so marked and separated from the other pages and sections of the proposal and accompanied by a convincing legal justification regarding the exemption from release of the material consistent with Section 316 of Title 1 within a separate sealed envelope marked “CONFIDENTIAL” will be considered for exemption at the sole discretion of the City. The City reserves the right to reject any or all responses to the RFP, to contract with the respondent(s) best suited for the interests of the City of South Burlington, to reissue the RFP or to issue a follow-up RFP. The Consultant, prior to being awarded a contract, if not already registered to do business in the State of Vermont, shall apply for such registration with the Vermont Secretary of State's Office. The registration form may be obtained from the Vermont Secretary of State, 128 State Street Montpelier, VT 05633- 1101, PH: 802-828-2363, Toll-free: 800-439-8683; Vermont Relay Service – 711; web site: https://www.vtsosonline.com/online. The contract will not be executed until the Consultant is registered with the Secretary of State's Office. 7.1 Non-Binding This RFP and/or the interview process, shall in no way be deemed to create a binding contract or agreement of any kind between the City and the Proposers. This solicitation in no way obligates the City of South Burlington to contract with any qualified respondent. 7.2 Irregularities The City reserve the right to reject any or all responses, to cancel the Project, to alter the selection process in any way, to postpone the selection process for its own convenience at any time, and to waive any defects in a response. 7.3 Rejection of Proposal The City may reject any or all proposals and may waive any immaterial deviation in a proposal. The City’s waiver of an immaterial defect shall in no way modify the RFP documents or excuse the Proposer from full compliance with the specifications if awarded the contract. 7 7.4 Failure to Execute the Agreement Failure to execute the agreement within the timeframe identified in the Project Schedule shall be sufficient cause for voiding the award. Failure to comply with other requirements within the set time shall constitute failure to execute the agreement. If the selected Proposer refuses or fails to execute the contract, the City may award the contract to the next qualified, highest-ranked Proposer. 8. EXHIBITS The following documents are a part of this RFP and contain Project specific information and/or conditions related to this Project. A. Williston Road Streetscape Plans - Draft B. East-West Crossing Vicinity Map - Draft C. Garden Street Streetscape Phase 1 & 2 - Draft D. 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ƚŚŽƐĞĐŚĂƌŐĞƐƐŚĂůůďĞƚŚĞĂŵŽƵŶƚƐďŝůůĞĚďǇƚŚĞƐƵďĐŽŶƐƵůƚĂŶƚ͛ƐƚŽŽŶƐƵůƚĂŶƚƚŝŵĞƐĂĨĂĐƚŽƌŽĨĞŝŐŚƚ ƉĞƌĐĞŶƚ;ϴйͿ͘ ϱ͘/ŶĂĚĚŝƚŝŽŶƚŽƚŚĞĞƐƚŝŵĂƚĞĚƚŽƚĂůĐŽƐƚĂŵŽƵŶƚ͕ƌĞŝŵďƵƌƐĞŵĞŶƚĨŽƌƚŚĞĨŽůůŽǁŝŶŐĞǆƉĞŶƐĞƐ͗EŽŶĞ͘ ͘dŚĞƉŽƌƚŝŽŶŽĨƚŚĞĐŽŵƉĞŶƐĂƚŝŽŶĂŵŽƵŶƚďŝůůĞĚŵŽŶƚŚůǇĨŽƌŽŶƐƵůƚĂŶƚΖƐ^ĞƌǀŝĐĞƐǁŝůůďĞďĂƐĞĚƵƉŽŶ ŽŶƐƵůƚĂŶƚΖƐĞƐƚŝŵĂƚĞŽĨƚŚĞƉĞƌĐĞŶƚĂŐĞŽĨƚŚĞƚŽƚĂů^ĞƌǀŝĐĞƐĂĐƚƵĂůůǇĐŽŵƉůĞƚĞĚĚƵƌŝŶŐƚŚĞďŝůůŝŶŐƉĞƌŝŽĚ͘ ŐƌĞĞŵĞŶƚĞƚǁĞĞŶKǁŶĞƌĂŶĚŽŶƐƵůƚĂŶƚĨŽƌWƌŽĨĞƐƐŝŽŶĂů^ĞƌǀŝĐĞƐ͘ Ϯ͘ϬϯĚĚŝƚŝŽŶĂů ^ĞƌǀŝĐĞƐ͗ &Žƌ ĚĚŝƚŝŽŶĂů ^ĞƌǀŝĐĞƐ͕ KǁŶĞƌƐŚĂůů ƉĂǇ ŽŶƐƵůƚĂŶƚ ĂŶ ĂŵŽƵŶƚĞƋƵĂů ƚŽ ƚŚĞ ĐƵŵƵůĂƚŝǀĞŚŽƵƌƐĐŚĂƌŐĞĚŝŶƉƌŽǀŝĚŝŶŐƚŚĞĚĚŝƚŝŽŶĂů^ĞƌǀŝĐĞƐďǇĞĂĐŚĐůĂƐƐŽĨŽŶƐƵůƚĂŶƚ͛ƐĞŵƉůŽǇĞĞƐ͕ ƚŝŵĞƐƐƚĂŶĚĂƌĚŚŽƵƌůǇƌĂƚĞƐĨŽƌĞĂĐŚĂƉƉůŝĐĂďůĞďŝůůŝŶŐĐůĂƐƐ͖ƉůƵƐƌĞŝŵďƵƌƐĞŵĞŶƚŽĨĞǆƉĞŶƐĞƐŝŶĐƵƌƌĞĚŝŶ ĐŽŶŶĞĐƚŝŽŶ ǁŝƚŚ ƉƌŽǀŝĚŝŶŐ ƚŚĞ ĚĚŝƚŝŽŶĂů ^ĞƌǀŝĐĞƐ ĂŶĚ ŽŶƐƵůƚĂŶƚ͛Ɛ ĐŽŶƐƵůƚĂŶƚƐ͛ ĐŚĂƌŐĞƐ͕ ŝĨ ĂŶǇ͘ ŽŶƐƵůƚĂŶƚΖƐƐƚĂŶĚĂƌĚŚŽƵƌůǇƌĂƚĞƐĂƌĞĂƚƚĂĐŚĞĚĂƐƉƉĞŶĚŝǆϭ͘ Ϯ͘Ϭϰ ǆĐůƵƐŝŽŶƐ͗EŽŶĞ͘ ϯ͘ϬϭdĞƌŵŝŶĂƚŝŽŶ ͘dŚĞŽďůŝŐĂƚŝŽŶƚŽĐŽŶƚŝŶƵĞƉĞƌĨŽƌŵĂŶĐĞƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚŵĂǇďĞƚĞƌŵŝŶĂƚĞĚ͗ ϭ͘&ŽƌĐĂƵƐĞ͕ 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ůĞŐĂů ƌĞƉƌĞƐĞŶƚĂƚŝǀĞƐŽĨKǁŶĞƌĂŶĚŽŶƐƵůƚĂŶƚ;ĂŶĚƚŽƚŚĞĞǆƚĞŶƚƉĞƌŵŝƚƚĞĚďǇWĂƌĂŐƌĂƉŚϰ͘Ϭϭ͘ƚŚĞĂƐƐŝŐŶƐŽĨ KǁŶĞƌĂŶĚŽŶƐƵůƚĂŶƚͿĂƌĞŚĞƌĞďǇďŽƵŶĚƚŽƚŚĞŽƚŚĞƌƉĂƌƚǇƚŽƚŚŝƐŐƌĞĞŵĞŶƚĂŶĚƚŽƚŚĞƐƵĐĐĞƐƐŽƌƐ͕ ĞǆĞĐƵƚŽƌƐ͕ĂĚŵŝŶŝƐƚƌĂƚŽƌƐ͕ĂŶĚůĞŐĂůƌĞƉƌĞƐĞŶƚĂƚŝǀĞƐ;ĂŶĚƐĂŝĚĂƐƐŝŐŶƐͿŽĨƐƵĐŚŽƚŚĞƌƉĂƌƚǇ͕ŝŶƌĞƐƉĞĐƚŽĨĂůů ĐŽǀĞŶĂŶƚƐ͕ĂŐƌĞĞŵĞŶƚƐ͕ĂŶĚŽďůŝŐĂƚŝŽŶƐŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘ ͘EĞŝƚŚĞƌKǁŶĞƌŶŽƌŽŶƐƵůƚĂŶƚŵĂǇĂƐƐŝŐŶ͕ƐƵďůĞƚ͕ŽƌƚƌĂŶƐĨĞƌĂŶǇƌŝŐŚƚƐƵŶĚĞƌŽƌŝŶƚĞƌĞƐƚ;ŝŶĐůƵĚŝŶŐ͕ďƵƚ ǁŝƚŚŽƵƚůŝŵŝƚĂƚŝŽŶ͕ŵŽŶĞǇƚŚĂƚŝƐĚƵĞŽƌŵĂǇďĞĐŽŵĞĚƵĞͿŝŶƚŚŝƐŐƌĞĞŵĞŶƚǁŝƚŚŽƵƚƚŚĞǁƌŝƚƚĞŶĐŽŶƐĞŶƚ ŽĨƚŚĞŽƚŚĞƌƉĂƌƚǇ͕ĞǆĐĞƉƚƚŽƚŚĞĞǆƚĞŶƚƚŚĂƚĂŶǇĂƐƐŝŐŶŵĞŶƚ͕ƐƵďůĞƚƚŝŶŐ͕ŽƌƚƌĂŶƐĨĞƌŝƐŵĂŶĚĂƚĞĚďǇůĂǁ͘ hŶůĞƐƐƐƉĞĐŝĨŝĐĂůůǇƐƚĂƚĞĚƚŽƚŚĞĐŽŶƚƌĂƌǇŝŶĂŶǇǁƌŝƚƚĞŶĐŽŶƐĞŶƚƚŽĂŶĂƐƐŝŐŶŵĞŶƚ͕ŶŽĂƐƐŝŐŶŵĞŶƚǁŝůů ƌĞůĞĂƐĞŽƌĚŝƐĐŚĂƌŐĞƚŚĞĂƐƐŝŐŶŽƌĨƌŽŵĂŶǇĚƵƚǇŽƌƌĞƐƉŽŶƐŝďŝůŝƚǇƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚ͘ ͘hŶůĞƐƐĞǆƉƌĞƐƐůǇƉƌŽǀŝĚĞĚŽƚŚĞƌǁŝƐĞ͕ŶŽƚŚŝŶŐŝŶƚŚŝƐŐƌĞĞŵĞŶƚƐŚĂůůďĞĐŽŶƐƚƌƵĞĚƚŽĐƌĞĂƚĞ͕ŝŵƉŽƐĞ͕Žƌ ŐŝǀĞƌŝƐĞƚŽĂŶǇĚƵƚǇŽǁĞĚďǇKǁŶĞƌŽƌŽŶƐƵůƚĂŶƚƚŽĂŶǇŽŶƐƚƌƵĐƚŽƌ͕ŽƚŚĞƌƚŚŝƌĚͲƉĂƌƚǇŝŶĚŝǀŝĚƵĂůŽƌ ĞŶƚŝƚǇ͕ŽƌƚŽĂŶǇƐƵƌĞƚǇĨŽƌŽƌĞŵƉůŽǇĞĞŽĨĂŶǇŽĨƚŚĞŵ͘ůůĚƵƚŝĞƐĂŶĚƌĞƐƉŽŶƐŝďŝůŝƚŝĞƐƵŶĚĞƌƚĂŬĞŶƉƵƌƐƵĂŶƚ ƚŽƚŚŝƐŐƌĞĞŵĞŶƚǁŝůůďĞĨŽƌƚŚĞƐŽůĞĂŶĚĞǆĐůƵƐŝǀĞďĞŶĞĨŝƚŽĨKǁŶĞƌĂŶĚŽŶƐƵůƚĂŶƚĂŶĚŶŽƚĨŽƌƚŚĞ ďĞŶĞĨŝƚŽĨĂŶǇŽƚŚĞƌƉĂƌƚǇ͘ ϱ͘Ϭϭ'ĞŶĞƌĂůŽŶƐŝĚĞƌĂƚŝŽŶƐ ͘dŚĞ ƐƚĂŶĚĂƌĚ ŽĨ ĐĂƌĞ ĨŽƌ Ăůů ƉƌŽĨĞƐƐŝŽŶĂů ĞŶŐŝŶĞĞƌŝŶŐ ĂŶĚ ƌĞůĂƚĞĚƐĞƌǀŝĐĞƐƉĞƌĨŽƌŵĞĚŽƌĨƵƌŶŝƐŚĞĚďǇ ŽŶƐƵůƚĂŶƚƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚǁŝůůďĞƚŚĞĐĂƌĞĂŶĚƐŬŝůůŽƌĚŝŶĂƌŝůǇƵƐĞĚďǇŵĞŵďĞƌƐŽĨƚŚĞƐƵďũĞĐƚ ƉƌŽĨĞƐƐŝŽŶƉƌĂĐƚŝĐŝŶŐƵŶĚĞƌƐŝŵŝůĂƌĐŝƌĐƵŵƐƚĂŶĐĞƐĂƚƚŚĞƐĂŵĞƚŝŵĞĂŶĚŝŶƚŚĞƐĂŵĞůŽĐĂůŝƚǇ͘ŽŶƐƵůƚĂŶƚ ŵĂŬĞƐŶŽǁĂƌƌĂŶƚŝĞƐ͕ĞǆƉƌĞƐƐŽƌŝŵƉůŝĞĚ͕ƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚŽƌŽƚŚĞƌǁŝƐĞ͕ŝŶĐŽŶŶĞĐƚŝŽŶǁŝƚŚĂŶǇ ƐĞƌǀŝĐĞƐƉĞƌĨŽƌŵĞĚŽƌĨƵƌŶŝƐŚĞĚďǇŽŶƐƵůƚĂŶƚ͘^ƵďũĞĐƚƚŽƚŚĞĨŽƌĞŐŽŝŶŐƐƚĂŶĚĂƌĚŽĨĐĂƌĞ͕ŽŶƐƵůƚĂŶƚĂŶĚ ŝƚƐĐŽŶƐƵůƚĂŶƚƐŵĂǇƵƐĞŽƌƌĞůǇƵƉŽŶĚĞƐŝŐŶĞůĞŵĞŶƚƐĂŶĚŝŶĨŽƌŵĂƚŝŽŶŽƌĚŝŶĂƌŝůǇŽƌĐƵƐƚŽŵĂƌŝůǇĨƵƌŶŝƐŚĞĚ ďǇŽƚŚĞƌƐ͕ŝŶĐůƵĚŝŶŐ͕ďƵƚŶŽƚůŝŵŝƚĞĚƚŽ͕ƐƉĞĐŝĂůƚǇĐŽŶƚƌĂĐƚŽƌƐ͕ŵĂŶƵĨĂĐƚƵƌĞƌƐ͕ƐƵƉƉůŝĞƌƐ͕ĂŶĚƚŚĞƉƵďůŝƐŚĞƌƐ ŽĨƚĞĐŚŶŝĐĂůƐƚĂŶĚĂƌĚƐ͘ ͘ůůĚŽĐƵŵĞŶƚƐƉƌĞƉĂƌĞĚŽƌĨƵƌŶŝƐŚĞĚďǇŽŶƐƵůƚĂŶƚĂƌĞŝŶƐƚƌƵŵĞŶƚƐŽĨƐĞƌǀŝĐĞ͕ĂŶĚŽŶƐƵůƚĂŶƚƌĞƚĂŝŶƐĂŶ ŽǁŶĞƌƐŚŝƉ ĂŶĚ ƉƌŽƉĞƌƚǇ ŝŶƚĞƌĞƐƚ ;ŝŶĐůƵĚŝŶŐ ƚŚĞ ĐŽƉǇƌŝŐŚƚ ĂŶĚ ƚŚĞ ƌŝŐŚƚ ŽĨ ƌĞƵƐĞͿ ŝŶ ƐƵĐŚ ĚŽĐƵŵĞŶƚƐ͕ ǁŚĞƚŚĞƌŽƌŶŽƚƚŚĞWƌŽũĞĐƚŝƐĐŽŵƉůĞƚĞĚ͘KǁŶĞƌƐŚĂůůŚĂǀĞĂůŝŵŝƚĞĚůŝĐĞŶƐĞƚŽƵƐĞƚŚĞĚŽĐƵŵĞŶƚƐŽŶƚŚĞ WƌŽũĞĐƚ͕ĞǆƚĞŶƐŝŽŶƐŽĨƚŚĞWƌŽũĞĐƚ͕ĂŶĚĨŽƌƌĞůĂƚĞĚƵƐĞƐŽĨƚŚĞKǁŶĞƌ͕ƐƵďũĞĐƚƚŽƌĞĐĞŝƉƚďǇŽŶƐƵůƚĂŶƚŽĨ ĨƵůů ƉĂǇŵĞŶƚ ĚƵĞ ĂŶĚ ŽǁŝŶŐ ĨŽƌ Ăůů ^ĞƌǀŝĐĞƐ ĂŶĚ ĚĚŝƚŝŽŶĂů ^ĞƌǀŝĐĞƐ ƌĞůĂƚŝŶŐ ƚŽ ƉƌĞƉĂƌĂƚŝŽŶ ŽĨ ƚŚĞ ĚŽĐƵŵĞŶƚƐĂŶĚƐƵďũĞĐƚƚŽƚŚĞĨŽůůŽǁŝŶŐůŝŵŝƚĂƚŝŽŶƐ͗ ϭ͘KǁŶĞƌĂĐŬŶŽǁůĞĚŐĞƐƚŚĂƚƐƵĐŚĚŽĐƵŵĞŶƚƐĂƌĞŶŽƚŝŶƚĞŶĚĞĚŽƌƌĞƉƌĞƐĞŶƚĞĚƚŽďĞƐƵŝƚĂďůĞĨŽƌƵƐĞŽŶ ƚŚĞWƌŽũĞĐƚƵŶůĞƐƐĐŽŵƉůĞƚĞĚďǇŽŶƐƵůƚĂŶƚ͕ŽƌĨŽƌƵƐĞŽƌƌĞƵƐĞďǇKǁŶĞƌŽƌŽƚŚĞƌƐŽŶĞǆƚĞŶƐŝŽŶƐŽĨ ƚŚĞWƌŽũĞĐƚ͕ŽŶĂŶǇŽƚŚĞƌƉƌŽũĞĐƚ͕ŽƌĨŽƌĂŶǇŽƚŚĞƌƵƐĞŽƌƉƵƌƉŽƐĞ͕ǁŝƚŚŽƵƚǁƌŝƚƚĞŶǀĞƌŝĨŝĐĂƚŝŽŶŽƌ ĂĚĂƉƚĂƚŝŽŶďǇŽŶƐƵůƚĂŶƚ͖ Ϯ͘ĂŶǇƐƵĐŚƵƐĞŽƌƌĞƵƐĞ͕ŽƌĂŶǇŵŽĚŝĨŝĐĂƚŝŽŶŽĨƚŚĞĚŽĐƵŵĞŶƚƐ͕ǁŝƚŚŽƵƚǁƌŝƚƚĞŶǀĞƌŝĨŝĐĂƚŝŽŶ͕ĐŽŵƉůĞƚŝŽŶ͕ ŽƌĂĚĂƉƚĂƚŝŽŶďǇŽŶƐƵůƚĂŶƚ͕ĂƐĂƉƉƌŽƉƌŝĂƚĞĨŽƌƚŚĞƐƉĞĐŝĨŝĐƉƵƌƉŽƐĞŝŶƚĞŶĚĞĚ͕ǁŝůůďĞĂƚKǁŶĞƌ͛ƐƐŽůĞ ƌŝƐŬĂŶĚǁŝƚŚŽƵƚůŝĂďŝůŝƚǇŽƌůĞŐĂůĞǆƉŽƐƵƌĞƚŽŽŶƐƵůƚĂŶƚŽƌƚŽ ŝƚƐ ŽĨĨŝĐĞƌƐ͕ ĚŝƌĞĐƚŽƌƐ͕ ŵĞŵďĞƌƐ͕ ƉĂƌƚŶĞƌƐ͕ĂŐĞŶƚƐ͕ĞŵƉůŽǇĞĞƐ͕ĂŶĚĐŽŶƐƵůƚĂŶƚƐ͖ ŐƌĞĞŵĞŶƚĞƚǁĞĞŶKǁŶĞƌĂŶĚŽŶƐƵůƚĂŶƚĨŽƌWƌŽĨĞƐƐŝŽŶĂů^ĞƌǀŝĐĞƐ͘ ϯ͘KǁŶĞƌƐŚĂůůŝŶĚĞŵŶŝĨǇĂŶĚŚŽůĚŚĂƌŵůĞƐƐŽŶƐƵůƚĂŶƚĂŶĚŝƚƐŽĨĨŝĐĞƌƐ͕ĚŝƌĞĐƚŽƌƐ͕ŵĞŵďĞƌƐ͕ƉĂƌƚŶĞƌƐ͕ ĂŐĞŶƚƐ͕ ĞŵƉůŽǇĞĞƐ͕ ĂŶĚ ĐŽŶƐƵůƚĂŶƚƐ ĨƌŽŵ Ăůů ĐůĂŝŵƐ͕ ĚĂŵĂŐĞƐ͕ ůŽƐƐĞƐ͕ ĂŶĚ ĞǆƉĞŶƐĞƐ͕ ŝŶĐůƵĚŝŶŐ ĂƚƚŽƌŶĞǇƐ͛ĨĞĞƐ͕ĂƌŝƐŝŶŐŽƵƚŽĨŽƌƌĞƐƵůƚŝŶŐĨƌŽŵĂŶǇƵƐĞ͕ƌĞƵƐĞ͕ŽƌŵŽĚŝĨŝĐĂƚŝŽŶŽĨƚŚĞĚŽĐƵŵĞŶƚƐ ǁŝƚŚŽƵƚǁƌŝƚƚĞŶǀĞƌŝĨŝĐĂƚŝŽŶ͕ĐŽŵƉůĞƚŝŽŶ͕ŽƌĂĚĂƉƚĂƚŝŽŶďǇŽŶƐƵůƚĂŶƚ͖ĂŶĚ ϰ͘ƐƵĐŚůŝŵŝƚĞĚůŝĐĞŶƐĞƚŽKǁŶĞƌƐŚĂůůŶŽƚĐƌĞĂƚĞĂŶǇƌŝŐŚƚƐŝŶƚŚŝƌĚƉĂƌƚŝĞƐ͘ ͘KǁŶĞƌĂŶĚŽŶƐƵůƚĂŶƚŵĂǇƚƌĂŶƐŵŝƚ͕ĂŶĚƐŚĂůůĂĐĐĞƉƚ͕WƌŽũĞĐƚͲƌĞůĂƚĞĚĐŽƌƌĞƐƉŽŶĚĞŶĐĞ͕ĚŽĐƵŵĞŶƚƐ͕ƚĞǆƚ͕ ĚĂƚĂ͕ĚƌĂǁŝŶŐƐ͕ŝŶĨŽƌŵĂƚŝŽŶ͕ĂŶĚŐƌĂƉŚŝĐƐ͕ŝŶĞůĞĐƚƌŽŶŝĐŵĞĚŝĂŽƌĚŝŐŝƚĂůĨŽƌŵĂƚ͕ĞŝƚŚĞƌĚŝƌĞĐƚůǇ͕ŽƌƚŚƌŽƵŐŚ ĂĐĐĞƐƐƚŽĂƐĞĐƵƌĞWƌŽũĞĐƚǁĞďƐŝƚĞ͕ŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚĂŵƵƚƵĂůůǇĂŐƌĞĞĂďůĞƉƌŽƚŽĐŽů͘ ͘dŽƚŚĞĨƵůůĞƐƚĞǆƚĞŶƚƉĞƌŵŝƚƚĞĚďǇůĂǁ͕KǁŶĞƌĂŶĚŽŶƐƵůƚĂŶƚ;ϭͿǁĂŝǀĞĂŐĂŝŶƐƚĞĂĐŚŽƚŚĞƌ͕ĂŶĚƚŚĞŽƚŚĞƌ͛Ɛ ĞŵƉůŽǇĞĞƐ͕ŽĨĨŝĐĞƌƐ͕ĚŝƌĞĐƚŽƌƐ͕ŵĞŵďĞƌƐ͕ĂŐĞŶƚƐ͕ŝŶƐƵƌĞƌƐ͕ƉĂƌƚŶĞƌƐ͕ĂŶĚĐŽŶƐƵůƚĂŶƚƐ͕ĂŶǇĂŶĚĂůůĐůĂŝŵƐĨŽƌ ŽƌĞŶƚŝƚůĞŵĞŶƚƚŽƐƉĞĐŝĂů͕ŝŶĐŝĚĞŶƚĂů͕ŝŶĚŝƌĞĐƚ͕ŽƌĐŽŶƐĞƋƵĞŶƚŝĂůĚĂŵĂŐĞƐĂƌŝƐŝŶŐŽƵƚŽĨ͕ƌĞƐƵůƚŝŶŐĨƌŽŵ͕ŽƌŝŶ ĂŶǇǁĂǇƌĞůĂƚĞĚƚŽƚŚŝƐŐƌĞĞŵĞŶƚŽƌƚŚĞWƌŽũĞĐƚ͕ĂŶĚ;ϮͿĂŐƌĞĞƚŚĂƚŽŶƐƵůƚĂŶƚ͛ƐƚŽƚĂůůŝĂďŝůŝƚǇƚŽKǁŶĞƌ ƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚƐŚĂůůďĞůŝŵŝƚĞĚƚŽΨϭϬϬ͕ϬϬϬŽƌƚŚĞƚŽƚĂůĂŵŽƵŶƚŽĨĐŽŵƉĞŶƐĂƚŝŽŶƌĞĐĞŝǀĞĚďǇ ŽŶƐƵůƚĂŶƚ͕ǁŚŝĐŚĞǀĞƌŝƐŐƌĞĂƚĞƌ͘ ͘dŚĞƉĂƌƚŝĞƐĂĐŬŶŽǁůĞĚŐĞƚŚĂƚŽŶƐƵůƚĂŶƚ͛Ɛ^ĞƌǀŝĐĞƐĚŽŶŽƚŝŶĐůƵĚĞĂŶǇƐĞƌǀŝĐĞƐƌĞůĂƚĞĚƚŽƵŶŬŶŽǁŶŽƌ ƵŶĚŝƐĐůŽƐĞĚŽŶƐƚŝƚƵĞŶƚƐŽĨŽŶĐĞƌŶ͘/ĨŽŶƐƵůƚĂŶƚŽƌĂŶǇŽƚŚĞƌƉĂƌƚǇĞŶĐŽƵŶƚĞƌƐ͕ƵŶĐŽǀĞƌƐ͕ŽƌƌĞǀĞĂůƐĂŶ ƵŶŬŶŽǁŶŽƌƵŶĚŝƐĐůŽƐĞĚŽŶƐƚŝƚƵĞŶƚŽĨŽŶĐĞƌŶ͕ƚŚĞŶŽŶƐƵůƚĂŶƚŵĂǇ͕ĂƚŝƚƐŽƉƚŝŽŶĂŶĚǁŝƚŚŽƵƚůŝĂďŝůŝƚǇ ĨŽƌĐŽŶƐĞƋƵĞŶƚŝĂůŽƌĂŶǇŽƚŚĞƌĚĂŵĂŐĞƐ͕ƐƵƐƉĞŶĚƉĞƌĨŽƌŵĂŶĐĞŽĨ^ĞƌǀŝĐĞƐŽŶƚŚĞƉŽƌƚŝŽŶŽĨƚŚĞWƌŽũĞĐƚ ĂĨĨĞĐƚĞĚƚŚĞƌĞďǇƵŶƚŝůƐƵĐŚƉŽƌƚŝŽŶŽĨƚŚĞWƌŽũĞĐƚŝƐŶŽůŽŶŐĞƌĂĨĨĞĐƚĞĚ͕ŽƌƚĞƌŵŝŶĂƚĞƚŚŝƐŐƌĞĞŵĞŶƚĨŽƌ ĐĂƵƐĞŝĨŝƚŝƐŶŽƚƉƌĂĐƚŝĐĂůƚŽĐŽŶƚŝŶƵĞƉƌŽǀŝĚŝŶŐ^ĞƌǀŝĐĞƐ͘ &͘KǁŶĞƌĂŶĚŽŶƐƵůƚĂŶƚĂŐƌĞĞƚŽŶĞŐŽƚŝĂƚĞĞĂĐŚĚŝƐƉƵƚĞďĞƚǁĞĞŶƚŚĞŵŝŶŐŽŽĚĨĂŝƚŚĚƵƌŝŶŐƚŚĞϯϬĚĂǇƐ ĂĨƚĞƌŶŽƚŝĐĞŽĨĚŝƐƉƵƚĞ͘/ĨŶĞŐŽƚŝĂƚŝŽŶƐĂƌĞƵŶƐƵĐĐĞƐƐĨƵůŝŶƌĞƐŽůǀŝŶŐƚŚĞĚŝƐƉƵƚĞ͕ƚŚĞŶƚŚĞĚŝƐƉƵƚĞƐŚĂůůďĞ ŵĞĚŝĂƚĞĚ͘/ĨŵĞĚŝĂƚŝŽŶŝƐƵŶƐƵĐĐĞƐƐĨƵů͕ƚŚĞŶƚŚĞƉĂƌƚŝĞƐŵĂǇĞǆĞƌĐŝƐĞƚŚĞŝƌƌŝŐŚƚƐĂƚůĂǁ͘ 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Water State Revolving Fund (DWSRF) Service Line Inventory Loan Application Municipal Water System Version (private systems please use the other version) Technical review by Vermont Department of Environmental Conservation Financial review and loan agreements by Vermont Bond Bank Borrower Information and Contacts Municipality legal name: Water system name: WSID # (3-5 digits): Mailing Address: SAM.gov Unique Entity ID (12 character): Full SAM.gov registration is not required, but to be a subrecipient of federal funds including a DWSRF loan, there must be a publicly visible entry that DEC staff can review. Municipal Water System Personnel and/or Board Members List all people who will authorize or manage the loan in roles such as Town/City: Manager; Public Works Director; Clerk; Treasurer; Financial Manager; etc. Governing Body/Selectboard/Prudential Committee: Chair; Treasurer; Clerk/Secretary; Member. Start with the Authorized Representative and Alternate Auth. Rep. and provide their contact info. Add pages for additional names if needed. Have each person sign the application. A signature below certifies review and approval of the entire completed loan application. The Consultant will be added in the next section. The Designated Operator role does not need to be added to the loan application unless they are in one of the other roles. Authorized Representative (who has authority to sign legal and financial agreements): Name Title/Role: Phone: Email: Signature Date Alternate Authorized Representative (backup for Authorized Representative): Name Title/Role: Phone: Email: Signature Date Page 1 of 4 City of South Burlington South Burlington Water Department 5091 104 Landfill Rd South Burlington VT 05403 Jessie Baker City Manager (802) 846-4107 jbaker@southburlingtonvt.gov Tom DiPietro Director, Department of Public Works (802) 658-7961 tdipietro@southburlingtonvt.gov Other personnel/board members: Name Title/Role: Phone: Email: Signature Date Name Title/Role: Phone: Email: Signature Date Name Title/Role: Phone: Email: Signature Date Name Title/Role: Phone: Email: Signature Date Name Title/Role: Phone: Email: Signature Date Name Title/Role: Phone: Email: Signature Date Consultant / Contractor: Firm Name: Contact Name: Mailing Address: Phone: Email: Relevant experience and qualifications for service line inventory: Page 2 of 4 MSK Engineers and new england backflow p Patrick Smart 150 Depot St Bennington VT 05201 802-447-1402 psmart@mskeng.com MSK Engineers has been working with the Town of Bennington to identify and replace lead service lines since 2017, and is a leader in implementation of a stepwise approach to identify buried SL pipe materials. MSK is currently contracted with VTDEC to prepare service line inventories and lead service line replacement plans for 11 very small community water systems in Vermont. Project Details and Loan Request Project Title: Service Line Inventory Loan purpose and terms: Community and NTNC water systems are required under the Lead and Copper Rule Revisions to submit a service line inventory (SLI) by October 2024. Specific requirements for the inventory format and its development are set by the Drinking Water and Groundwater Protection Division. The most current funding information will be available from the DWSRF program. Loan terms will be 0% interest and fees. Repayment will start 5 years after the loan agreement, split into 5 annual payments. Any loan forgiveness proposed on SLI priority list may be issued in portions as the annual portfolio of loans under that grant develops. If the SLI leads to a subsequent DWSRF construction loan, the SLI loan may be rolled into that construction loan. Project General Tasks: General categories of tasks that are eligible for these loans and may need to be completed are listed below and should be considered in development of the contract or Engineering Services Agreement. Note that the final SLI must cover portions owned by both the water system and the customer. Do not include the scope or budget of other planning work the contractor may complete for the water system (e.g., asset management planning, preliminary engineering). If other DWSRF-eligible and fundable work will be completed on a similar timeline, a single loan agreement may be developed, but loan applications must be submitted separately. 1. Record Review x Meet with water system personnel. Review water system records for service line info. x Review other available documentation (e.g., Town Clerk office, DEC regional office (including online permit search), Act 250 permits, local plumbers and former water system staff, etc.) 2. Survey and Inspection x Survey customers for service line information. x Where necessary, inspect the customer side of the service line (building inlet). 3. Inventory Spreadsheet and Replacement Plan x Enter inventory data for each service line into the state inventory spreadsheet template. x Where required based on the inventory, develop the Lead Service Line Replacement Plan. Project Specific Information: Describe the anticipated tasks to be completed by the contractor for this specific water system and the general methods. These will differ among water systems depending on current records, system age, material types, history of distribution upgrades, etc. If including a draft or executed contract or ESA that includes this information, enter “see attached”. Page 3 of 4 MSK Engineers will be responsible for development and implementation of a project database, records review, data analysis, conducting service line observations, preparing a service line inventory and lead service line replacement plan (if necessary). Number of service lines to be inventoried (per DWGPD instructions): General budget explanation for tasks (costs per project and/or per service line, or enter “see attached”): Anticipated total inventory project cost: $ Amount requested for this loan: $ Borrower financial info Borrower fiscal year: Calendar (Jan – Dec) State Fiscal (July – June) Federal Fiscal (Oct – Sept) Other: Current water system debt (not including this loan): Total: Expected to pay off within 5 years: Not expected to pay off within 5 years: Annual Debt payments: Current: Anticipated in 5 years: Other projects the water system anticipates in the next 5 years that may require a loan: The Vermont Bond Bank may require additional information for financial capacity review and underwriting, and/or may use information from other pending DWSRF loan applications. Email completed application and the following attachments to: anr.dwsrfinvloan@vermont.gov Amy Galford, DWSRF Program Lead, 802-585-4904 x This loan application, all fields completed and all signatures completed. x Contract or Engineering Services Agreement (ESA) that matches the info above. We recommend submitting a draft for DEC staff review with this loan application or earlier prior to signing the contract. Page 4 of 4 6400 Cost per service connection is $85.15. MSK Engineers' project cost is $545,000, a draft agreement and level of effort table are attached. 545,000 545,000 $380,294.27 $380,294.27 $94,979.00 TBD Additional water storage tank construction MEMO To: South Burlington City Council From: Tom DiPietro, Director of Public Works CC: Adam Cate, Deputy Director of Operations Date: May 12, 2023 Re: Award of South Burlington Annual Paving Program Fiscal Year 2024 Contract to Pike Industries On March 31, 2023 the Department of Public Works released a Request for Proposals (RFP) for the South Burlington Annual Paving Program Fiscal Year 2024. On April 20, 2023 bids were opened at the Department of Public Works. The City received proposals from three contractors (summary in Table 1). Table 1. Summary of Bids Received for South Burlington Annual Paving Program FY 2024 Contractor Total Bid Price Pike Industries $ 896,045.50 Engineers Construction Inc $ 1,074,283.60 FW Whitcomb $ 1,163,738.50 The following streets were included in the bid pricing: Black Lantern Lane, Cottage Grove, Eastwood Drive, Hayes Avenue, Nowland Farm Road, Pinnacle Drive (east portion), Proctor Avenue (Meadow Lane to Rice High School), Spear Street (Pinnacle Drive to Swift Street), Twin Oaks, Butler Drive (Marcy Street to Whiteface Street), Cedar Glenn (Spear Street to Cul De Sac), Kinsington Terrace, Woodside Drive. All streets are to have 1.5” of existing asphalt milled off and 1.5” of new asphalt wearing course installed. In addition, Cheesefactory Lane is to be reclaimed, regraded, and have a base course and a top course of asphalt installed. The low bid was submitted by Pike Industries. The bid package submitted by Pike has been reviewed and all required materials were included. All contract addenda were received by the contractor. Proof of insurance has been provided. All necessary documents have been signed. The Department of Public Works currently has $800,000 in the approved FY24 paving line item. The FY23 paving budget currently has a balance of $212,536.80. In addition, the City has applied for a State of Vermont Class 2 Paving Grant for the work to be completed on Spear Street. If received, the grant would cover 80% of the costs for paving that road. Recommendation: Staff requests that City Council authorize the South Burlington Department of Public Works to award the South Burlington Annual Paving Program Fiscal Year 2024 contract to Pike Industries Inc and authorize the Director of Public Works to sign all paperwork. If you would like additional information on this project or the bid results, please contact me at (802) 658‐ 7961 x6101. SOUTH BURLINGTON WATER DEPARTMENT MEMO To: South Burlington City Council From: Jay Nadeau, Water Department Superintendent CC: Tom DiPietro, Public Works Director Date: May 5, 2023 Re: Award of Construction Contract for Replacement of Main Line Gate Valves on Shelburne Road On April 28, 2023, the City of South Burlington Water Department held a bid opening for replacement of nine main line gate valves on Shelburne Road, prior to VTrans milling and repaving of Route 7 from the southern City boundary up to Swift Street. The gate valve replacement project generally includes the excavation of Shelburne Road at specific locations between Brewer Parkway and McIntosh Avenue and the replacement of selected gate valves that have been in service since the water main was installed in the 1940’s. We received proposals from three contractors to complete this work (Table 1). The low bid for this project was submitted by Poulin Companies, LLC. for $116,030.11. This cost is within the amount expected during the Department’s replacement program evaluation and within budget capabilities of the water department. We have reviewed the bid package and all required materials were included, and all necessary documents have been signed. Table 1. Summary of Bids Received for the Shelburne Road Gate Valve Replacement Project Contractor Total Bid Price Poulin Companies, LLC $ 116,030.11 Dirt Tech Company, LLC $ 295,752.00 Munson Earth Moving Corporation $ 224,500.00 Based on this, I am requesting that City Council authorize the South Burlington Water Department to award the Shelburne Road Gate Valve Replacement Project to Poulin Companies, LLC. If you would like additional information on this project or the bid results, please contact Jay Nadeau, SBWD Superintendent, at (802) 861- 4817 or at jay.nadeau@champlainwater.org . City of South Burlington General Ledger Expenditure Report ‐ GENERAL FUND Current Year Period 10 April % Budget Unencumbered FY‐22/23 MTD Account Budget Expenditures Expended Balance Pd 10 Apr GENERAL GOVERNMENT EXP. CITY COUNCIL 149,798.00$ 128,884.11$ 86.04% 20,913.89$ 419.25$ ADMINISTRATIVE INSURANCE 6,032,914.38$ 5,330,755.79$ 88.36% 702,158.59$ 1,329,760.67$ CITY MANAGER 472,491.78$ 289,908.90$ 61.36% 182,582.88$ 18,666.12$ LEGAL/ACCOUNTING ACTUARY 348,960.87$ 255,767.96$ 73.29% 93,192.91$ 18,371.18$ ADMINISTRATIVE SERVICES 990,075.74$ 671,463.15$ 67.82% 318,612.59$ 22,770.35$ INFORMATION TECHNOLOGY 397,768.47$ 325,908.51$ 81.95% 71,798.31$ 17,686.61$ CITY CLERK 285,901.23$ 241,854.63$ 84.59% 44,046.60$ 22,147.12$ PHYSICAL PLANT 434,004.36$ 347,896.21$ 80.16% 86,108.15$ 25,025.28$ ASSESSING/TAX/FINANCE 403,043.52$ 307,932.04$ 76.40% 95,111.48$ 32,018.08$ PLANNING/DESIGN REVIEW 563,713.28$ 358,363.07$ 63.57% 205,350.21$ 30,246.82$ OPERATING TRANSFERS OUT 808,200.00$ 808,200.00$ 100.00% ‐$ ‐$ Total GENERAL GOVERNMENT EXP. 10,886,871.63$ 9,066,934.37$ 83.28% 1,819,875.61$ 1,517,111.48$ PUBLIC SAFETY FIRE DEPARTMENT 3,698,663.25$ 3,224,589.88$ 87.18% 474,073.37$ 271,101.18$ AMBULANCE 522,650.00$ 155,359.97$ 29.73% 367,290.03$ 11,038.05$ POLICE DEPARTMENT 5,760,136.24$ 4,049,670.87$ 70.31% 1,710,465.37$ 357,922.34$ Total PUBLIC SAFETY 9,981,449.49$ 7,429,620.72$ 74.43% 2,551,828.77$ 640,061.57$ Total STREETS & HIGHWAYS 3,346,938.68$ 2,681,526.39$ 80.12% 665,412.29$ 61,785.18$ CULTURE AND RECREATION RECREATION ADMINISTRATION 359,516.74$ 280,540.89$ 78.03% 78,975.85$ 25,545.95$ PROGRAMS 50,000.00$ 30,200.22$ 60.40% 19,799.78$ (4,214.00)$ RED ROCKS PARK 14,924.80$ 8,568.55$ 57.41% 6,356.25$ 32.39$ FACILITIES 139,150.00$ 63,669.45$ 45.76% 75,480.55$ 350.59$ SENIOR PROGRAMS 33,311.57$ 20,930.53$ 62.83% 12,381.04$ 2,360.58$ SPECIAL ACTIVITIES 101,500.00$ 69,501.71$ 68.47% 31,998.29$ 3,907.43$ PUBLIC LIBRARY 866,629.70$ 665,217.48$ 76.76% 201,412.22$ 59,024.35$ CAPITAL/PARK MAINTENANCE 399,642.54$ 304,389.12$ 76.17% 95,253.42$ 22,018.30$ Total CULTURE AND RECREATION 1,964,675.35$ 1,443,017.95$ 73.45% 521,657.40$ 111,871.47$ OTHER ENTITIES OTHER OPERATING ENTITIES 791,250.11$ 803,918.00$ 101.60% (12,667.89)$ ‐$ Total OTHER ENTITIES 791,250.11$ 803,918.00$ 101.60% (12,667.89)$ ‐$ CURRENT PRINCIPAL BONDS 1,211,203.30$ 1,211,244.59$ 100.00% (41.29)$ ‐$ CURRENT INTEREST BONDS 279,090.00$ 269,217.96$ 96.46% 9,872.04$ 69,732.23$ Total GENERAL FUND 28,461,478.56$ 22,905,479.98$ 80.48% 5,555,936.93$ 2,400,561.93$ City of South Burlington General Ledger Expenditure Report ‐ ENTERPRISE FUND/W.P.C. Current Year Period 10 April % Budget Unencumbered FY‐22/23 MTD Account Budget Expenditures Expended Balance Pd 10 Apr W/POLLUTION CONTROL EXPS. Salaries‐Permanent 672,300.45$ 564,616.21$ 83.98% 107,684.24$ 51,550.53$ Payment to Highway‐wages 250,000.00$ 250,000.00$ 100.00% ‐$ ‐$ Leave Time Turn‐In 7,000.00$ ‐$ 0.00% 7,000.00$ ‐$ Salaries‐Overtime 50,000.00$ 59,191.28$ 118.38% (9,191.28)$ 5,587.91$ Payment to Sick Bank Fund 6,677.02$ 6,677.02$ 100.00% ‐$ ‐$ Payroll Service 1,796.41$ 1,796.41$ 100.00% ‐$ ‐$ PAFO Certification 29,065.71$ 8,939.56$ 30.76% 20,126.15$ 876.88$ Sick Bank Payouts 10,000.00$ ‐$ 0.00% 10,000.00$ ‐$ Fringe Benefits 4,135.00$ 600.00$ 14.51% 3,535.00$ ‐$ FICA/Medicare 58,780.01$ 49,162.21$ 83.64% 9,617.80$ 4,493.72$ Payment to Highway‐FICA/M 33,420.18$ 33,420.18$ 100.00% ‐$ ‐$ Vision Plan 2,829.21$ 579.77$ 20.49% 2,249.44$ ‐$ Disability Insurance 2,175.17$ 5,172.66$ 237.80% (2,997.49)$ 548.32$ Long Term Disability Insu 4,148.39$ ‐$ 0.00% 4,148.39$ ‐$ Group Health Insurance 196,366.10$ 73,841.79$ 37.60% 122,524.31$ 2,110.01$ Group Life Insurance 2,829.21$ 713.03$ 25.20% 2,116.18$ 76.00$ Group Dental Insurance 7,893.29$ 5,387.14$ 68.25% 2,506.15$ ‐$ Pension 85,733.42$ 65,245.62$ 76.10% 20,487.80$ 20,791.19$ ICMA Match 29,065.71$ 18,664.88$ 64.22% 10,400.83$ 1,810.26$ Pension Note Payment 39,075.00$ 39,075.00$ 100.00% ‐$ ‐$ Office Supplies 2,000.00$ 1,552.23$ 77.61% 447.77$ 121.25$ Plant Supplies 120,000.00$ 94,361.50$ 78.63% 25,638.50$ ‐$ Polymer 100,000.00$ 65,770.70$ 65.77% 34,229.30$ ‐$ Sewer Line Maint/Supplies 25,000.00$ 35,079.71$ 140.32% (10,079.71)$ ‐$ Pumping Station Supplies 25,000.00$ 80,905.34$ 323.62% (55,905.34)$ 1,925.00$ Laboratory Supplies 13,000.00$ 9,598.60$ 73.84% 3,401.40$ ‐$ Caustic Soda and Lime 120,000.00$ 146,068.30$ 121.72% (26,068.30)$ ‐$ Alum 180,000.00$ 194,806.59$ 108.23% (14,806.59)$ ‐$ Water‐Airport‐B/B‐Pump 1,600.00$ 1,423.29$ 88.96% 176.71$ ‐$ Generator Preventive Main 10,000.00$ 4,062.22$ 40.62% 5,937.78$ ‐$ Clothing Supplies 4,250.00$ 2,865.95$ 67.43% 1,384.05$ ‐$ Truck Parts 12,500.00$ 9,187.07$ 73.50% 3,312.93$ 385.72$ Gas ‐ Diesel Fuel ‐ Oil 12,000.00$ 20,189.86$ 168.25% (8,189.86)$ 2,605.15$ Fuel ‐ Airport Parkway 60,000.00$ 61,746.05$ 102.91% (1,746.05)$ ‐$ Fuel ‐ Bartlett Bay 6,000.00$ 5,667.40$ 94.46% 332.60$ ‐$ Telephone and Alarms 6,500.00$ 6,395.29$ 98.39% 104.71$ 225.98$ Memberships/Dues 20,000.00$ 3,290.50$ 16.45% 16,709.50$ ‐$ Discharge Permits 15,000.00$ 3,750.00$ 25.00% 11,250.00$ ‐$ Workers Comp Insurance 22,127.75$ 25,264.78$ 114.18% (3,137.03)$ ‐$ Property Insurance 70,040.34$ 63,438.48$ 90.57% 6,601.86$ ‐$ Unemployment Insurance 902.00$ ‐$ 0.00% 902.00$ ‐$ Safety 5,000.00$ 31,375.89$ 627.52% (26,375.89)$ ‐$ Billing Payment to CWD 69,342.00$ 34,671.00$ 50.00% 34,671.00$ ‐$ Soil/Sludge Management 135,000.00$ 120,679.03$ 89.39% 14,320.97$ ‐$ Landfill Fees 1,000.00$ ‐$ 0.00% 1,000.00$ ‐$ HVAC Maintenance 35,000.00$ 35,082.63$ 100.24% (82.63)$ ‐$ Auditing 4,246.55$ 4,246.55$ 100.00% ‐$ ‐$ Engineering/Consulting 15,000.00$ 15,275.87$ 101.84% (275.87)$ ‐$ Landfill Engineering 17,500.00$ 27,371.81$ 156.41% (9,871.81)$ ‐$ Administrative Services 149,344.05$ 149,344.05$ 100.00% ‐$ ‐$ Burlington Sewer Lines 5,000.00$ 1,338.59$ 26.77% 3,661.41$ ‐$ Travel & Training 6,000.00$ 3,213.07$ 53.55% 2,786.93$ ‐$ Utilities‐Pumping Station 105,000.00$ 74,982.97$ 71.41% 30,017.03$ 8,423.33$ Electric‐Airport Parkway 200,000.00$ 166,313.35$ 83.16% 33,686.65$ 3,661.83$ Electric‐Bartlett Bay 145,000.00$ 122,677.36$ 84.61% 22,322.64$ 16,357.02$ % Budget Unencumbered FY‐22/23 MTD Account Budget Expenditures Expended Balance Pd 10 Apr Replacement‐Vehicles 220,000.00$ 298,055.43$ 135.48% (78,055.43)$ 174.49$ Building Improvements 2,500.00$ 1,416.44$ 56.66% 1,083.56$ ‐$ Pumps Replacements 50,000.00$ 45,373.04$ 90.75% 4,626.96$ ‐$ Pump Repairs 40,000.00$ 47,188.35$ 117.97% (7,188.35)$ ‐$ PMT to SW for Hadley Loan 73,000.00$ 73,649.00$ 100.89% (649.00)$ ‐$ Airport Pkwy Upgrade/Expn ‐$ 299,997.00$ 100.00% (299,997.00)$ ‐$ Bartlett Bay Upgrades 400,000.00$ 64,404.25$ 16.10% 335,595.75$ 467.00$ Hadley Sewer Project 111,786.54$ 111,786.54$ 100.00% ‐$ ‐$ Loan for Airport Parkway 965,647.23$ ‐$ 0.00% 965,647.23$ ‐$ Capital Improvements‐CIP ‐$ 36,292.53$ 100.00% (36,292.53)$ ‐$ Total ENTERPRISE FUND/W.P.C. 5,074,576.74$ 3,783,241.37$ 74.55% 1,291,335.37$ 122,191.59$ City of South Burlington General Ledger Expenditure Report ‐ STORM WATER UTILITIES Current Year Period 10 April % Budget Unencumbered FY‐22/23 MTD Account Budget Expenditures Expended Balance Pd 10 Apr S/WATER UTILITIES EXPS Salaries‐Permanent 545,117.10$ 360,893.79$ 66.20% 184,223.31$ 37,240.96$ Payment to Highway‐Wages 78,215.00$ 78,215.00$ 100.00% ‐$ ‐$ Salaries‐Overtime 23,000.00$ 10,115.92$ 43.98% 12,884.08$ 204.50$ Payment to Sick Bank Fund 5,392.16$ 5,392.16$ 100.00% ‐$ ‐$ Payroll Service 1,347.31$ 1,347.31$ 100.00% ‐$ ‐$ Fringe Benefits 7,238.00$ ‐$ 0.00% 7,238.00$ ‐$ FICA/Medicare 43,460.96$ 29,923.55$ 68.85% 13,537.41$ 3,034.27$ Vision Plan 582.94$ 373.63$ 64.09% 209.31$ ‐$ Disability Income Insuran 4,878.93$ 4,471.88$ 91.66% 407.05$ 481.15$ Group Health Insurance 153,953.83$ 246,983.24$ 160.43% (93,029.41)$ 3,915.34$ Health Insurance FICA 2,080.03$ ‐$ 0.00% 2,080.03$ ‐$ Group Life Insurance 2,360.28$ 616.47$ 26.12% 1,743.81$ 66.50$ Group Dental Insurance 5,930.59$ 3,944.02$ 66.50% 1,986.57$ ‐$ Pension 93,238.50$ 93,238.50$ 100.00% ‐$ 93,238.50$ ICMA Match 27,189.96$ 24,078.63$ 88.56% 3,111.33$ 3,067.52$ Pension Note Payment 26,910.00$ 26,910.00$ 100.00% ‐$ ‐$ Office Supplies 1,000.00$ 1,505.00$ 150.50% (505.00)$ ‐$ Small Equipment/Tools 2,000.00$ 1,653.30$ 82.67% 346.70$ 567.52$ Uniforms/Supplies 6,500.00$ 4,888.76$ 75.21% 1,611.24$ 105.72$ Gasoline 2,250.00$ 3,094.76$ 137.54% (844.76)$ 353.25$ Oil 250.00$ 259.89$ 103.96% (9.89)$ 178.08$ Diesel Fuel 4,500.00$ 9,659.06$ 214.65% (5,159.06)$ 2,112.70$ Permit Requirement‐Educat 7,000.00$ 6,000.00$ 85.71% 1,000.00$ ‐$ Telephone 2,000.00$ 1,558.49$ 77.92% 441.51$ 81.12$ Membership/Dues 300.00$ 661.00$ 220.33% (361.00)$ ‐$ Discharge Permits Renewal 18,000.00$ 18,895.57$ 104.98% (895.57)$ ‐$ Workers Comp Insurance 19,554.75$ 20,188.20$ 103.24% (633.45)$ ‐$ Property Insurance 16,197.44$ 14,670.73$ 90.57% 1,526.71$ ‐$ Unemployment Insurance 902.00$ ‐$ 0.00% 902.00$ ‐$ GIS‐Fees/Software 50,000.00$ 38,335.93$ 76.67% 11,664.07$ 2,989.00$ Sediment & Depris Disposa 200.00$ ‐$ 0.00% 200.00$ ‐$ Water Quality Monitoring 15,000.00$ 13,681.20$ 91.21% 1,318.80$ ‐$ Building/Grounds Maint 200.00$ 149.99$ 75.00% 50.01$ ‐$ Vehicle Maintenance 5,000.00$ 12,891.76$ 257.84% (7,891.76)$ 2,668.20$ Storm System Maint Materi 55,000.00$ 110,232.13$ 200.42% (55,232.13)$ ‐$ Printing 100.00$ ‐$ 0.00% 100.00$ ‐$ Legal Services 20,000.00$ 343.13$ 1.72% 19,656.87$ ‐$ To GF‐Audit and Actuary 6,180.66$ 6,180.66$ 100.00% ‐$ ‐$ Engineering‐Watershed 40,000.00$ ‐$ 0.00% 40,000.00$ ‐$ Billing Payment CWD 69,342.00$ 34,671.00$ 50.00% 34,671.00$ ‐$ Office Equipment Maintena 2,500.00$ 1,972.96$ 78.92% 527.04$ ‐$ Equipment Rental 250.00$ ‐$ 0.00% 250.00$ ‐$ Administrative Services 102,103.95$ 102,103.95$ 100.00% ‐$ ‐$ Conference/Training Expen 8,000.00$ 5,868.11$ 73.35% 2,131.89$ 460.00$ S/W Bldg Utilities 3,250.00$ 3,996.37$ 122.97% (746.37)$ ‐$ Stormwater Pumps Electric 300.00$ 196.33$ 65.44% 103.67$ 21.62$ Vehicles/Equipment 421,000.00$ 84,960.02$ 20.18% 336,039.98$ 858.23$ Stormwater Capital Projec 2,481,000.00$ 1,194,559.81$ 48.15% 1,286,440.19$ 11.98$ Office Furniture/Equipmen 1,000.00$ 1,564.19$ 156.42% (564.19)$ 237.00$ Flow Restoration Plan Ana 5,000.00$ ‐$ 0.00% 5,000.00$ ‐$ Reim to Highway‐Benefit 33,420.18$ 33,420.18$ 100.00% ‐$ ‐$ Total STORM WATER UTILITIES 4,420,196.57$ 2,614,666.58$ 59.15% 1,805,529.99$ 151,893.16$ City of South Burlington General Ledger Revenue Report ‐ GENERAL FUND Current Year Period 10 AprilEstimated Received % Budget Uncollected FY‐22/23 MTDAccount Revenue To Date Received Balance Pd 10 AprTAX REVENUETAX REVENUE 18,202,812.57$ (17,794,009.60)$ 97.75% 408,802.97$ ‐$ LOCAL OPTION TAXES 4,033,388.90$ (3,040,011.85)$ 75.37% 993,377.05$ ‐$ Total TAX REVENUE 22,236,201.47$ (20,834,021.45)$ 93.69% 1,402,180.02$ ‐$ INTEREST/PENALTY ON TAX 379,000.00$ (252,046.84)$ 66.50% 126,953.16$ 1,872.40$ Other Health Services 247,346.40$ (162,245.75)$ 65.59% 85,100.65$ (29,472.61)$ CITY MANAGER 1,463,078.08$ (1,103,927.63)$ 75.45% 359,150.45$ (88,657.53)$ CITY CLERK 383,100.00$ (221,473.55)$ 57.81% 161,626.45$ (22,861.39)$ PLANNING 383,100.00$ (473,878.10)$ 123.70% (90,778.10)$ (20,093.30)$ FIRE DEPARTMENT 489,000.00$ (1,080,204.86)$ 220.90% (591,204.86)$ (171,838.61)$ ELECTRICAL INSPECTION 65,000.00$ (202,546.02)$ 311.61% (137,546.02)$ (16,586.72)$ AMBULANCE 721,000.00$ (792,348.38)$ 109.90% (71,348.38)$ (74,998.94)$ POLICE DEPARTMENT 517,997.24$ (379,062.05)$ 73.18% 138,935.19$ (29,600.28)$ HIGHWAY DEPARTMENT 1,394,855.38$ (1,151,177.65)$ 82.53% 243,677.73$ (99,543.38)$ Senior Programs 26,500.00$ (13,840.00)$ 52.23% 12,660.00$ (1,768.00)$ SPECIAL ACTIVITIES 145,000.00$ (124,680.08)$ 85.99% 20,319.92$ (6,788.00)$ PUBLIC LIBRARY 10,300.00$ (12,892.60)$ 125.17% (2,592.60)$ (4,603.77)$ Total GENERAL FUND 28,461,478.57$ (26,804,344.96)$ 94.18% 1,657,133.61$ (564,940.13)$ City of South Burlington General Ledger Revenue Report ‐ ENTERPRISE FUND/W.P.C. Current Year Period 10 AprilEstimated Received % Budget Uncollected FY‐22/23 MTDAccount Revenue To Date Received Balance Pd 10 AprCHARGES FOR SERVICESW.P.C. User Fees 3,783,418.00$ (3,146,827.77)$ 83.17% 636,590.23$ (328,598.55)$ Sewer Septage Revenue 25,000.00$ ‐$ 0.00% 25,000.00$ ‐$ Connection Fees 500,000.00$ (1,124,705.92)$ 224.94% (624,705.92)$ (13,139.98)$ Enviromental Impact ‐$ (15,699.00)$ 100.00% (15,699.00)$ ‐$ Total CHARGES FOR SERVICES 4,308,418.00$ (4,287,232.69)$ 99.51% 21,185.31$ (341,738.53)$ BOND AND LOAN PROCEEDSColchester A/P Pkwy Pm 742,310.00$ (742,310.00)$ 100.00% ‐$ (742,310.00)$ GF Note Repay‐Solar 12,004.68$ (12,005.00)$ 100.00% (0.32)$ ‐$ Total BOND AND LOAN PROCEEDS 754,314.68$ (754,315.00)$ 100.00% (0.32)$ (742,310.00)$ MISCELLANEOUSMiscellaneous Rev.‐W.P 10,000.00$ (73,625.22)$ 736.25% (63,625.22)$ ‐$ Total MISCELLANEOUS 10,000.00$ (73,625.22)$ 736.25% (63,625.22)$ ‐$ Total ENTERPRISE FUND/W.P.C. 5,072,732.68$ (5,115,172.91)$ 100.84% (42,440.23)$ (1,084,048.53)$ City of South Burlington General Ledger Revenue Report ‐ STORM WATER UTILITIES Current Year Period 10 AprilEstimated Received % Budget Uncollected FY‐22/23 MTDAccount Revenue To Date Received Balance Pd 10 AprS/WATER UTILITIES REVENUEIntergovernmental Revenue 826,506.98$ (354,644.57)$ 42.91% 471,862.41$ (183,008.03)$ S/W User Fees ‐ Water Bil 2,707,767.59$ (2,036,639.54)$ 75.21% 671,128.05$ (217,274.07)$ Pmts from other towns 40,000.00$ (7,929.95)$ 19.82% 32,070.05$ (7,929.95)$ Land Owner Payments 100,000.00$ (82,143.62)$ 82.14% 17,856.38$ ‐$ Stormwater Miscellaneous 30,000.00$ ‐$ 0.00% 30,000.00$ ‐$ Hadley Sewer Proj‐Sewer f 73,000.00$ (73,649.00)$ 100.89% (649.00)$ ‐$ Reserve Transfer In 635,778.00$ ‐$ 0.00% 635,778.00$ ‐$ Total STORM WATER UTILITIES 4,413,052.57$ (2,555,006.68)$ 57.90% 1,858,045.89$ (408,212.05)$ Champlain Water District Statement of Revenues and Expenditures - Unposted Transactions Included In Report 70 - South Burlington Water Department 90 - South Burlington Water From 4/1/2023 Through 4/30/2023 CURRENT MONTH Year To Date Actual Original Total Budget $ - Original Remaining - Budget Percent Total Revenue Water Sales 4000 212,198.55 2,154,929.89 2,620,616.00 (17.77)% Interest Earned 4010 2,358.82 13,864.14 1,700.00 715.54% Private Hydrants / Sprinkler Systems 4035 0.00 45,327.97 44,500.00 1.86% Service Work 4036 1,765.40 17,420.50 13,000.00 34.00% Backflow Device Testing / Recording Fees 4037 15.00 1,262.50 1,500.00 (15.83)% Connection Fees 4040 4,500.00 48,550.00 32,000.00 51.72% Connection Fees - Capital 4041 3,000.00 32,825.00 26,000.00 26.25% Bond Payments - Connection Fees 4042 7,341.05 223,969.05 55,000.00 307.22% Penalties 4050 1,831.90 16,817.26 18,000.00 (6.57)% Meter Sales 4053 507.52 4,444.19 3,500.00 26.98% Scrap Metal 4055 0.00 1,407.60 500.00 181.52% Miscellaneous Revenue 4060 0.00 60.00 50.00 20.00% South Burlington Sewer Department 4095 0.00 34,671.00 69,342.00 (50.00)% South Burlington Stormwater Department 4098 0.00 34,671.00 69,342.00 (50.00)% Water Bond Payment Revenue / Xfer from Capital 4200 0.00 0.00 100,989.00 (100.00)% Total Revenue 233,518.24 2,630,220.10 3,056,039.00 (13.93)% Total Revenue 233,518.24 2,630,220.10 3,056,039.00 (13.93)% Expenditures Supplies and Tools 5011 353.59 6,280.12 7,500.00 16.27% Postage 5012 78.20 11,352.66 16,000.00 29.05% Phones, Internet, Data, and Pagers 5013 21.20 214.07 500.00 57.19% Miscellaneous Expense 5017 0.00 83.93 1,000.00 91.61% General Insurance 5030 0.00 0.00 5,000.00 100.00% Consulting Services 5051 0.00 0.00 26,000.00 100.00% Management Fees 5052 11,773.00 117,730.00 141,275.00 16.67% Contractors 5054 0.00 31,780.92 87,500.00 63.68% Building Lease 5055 1,712.47 17,124.70 20,550.00 16.67% Legal 5060 0.00 0.00 1,500.00 100.00% Audit 5061 0.00 0.00 2,500.00 100.00% Public Outreach 5065 0.00 0.00 3,000.00 100.00% Principal on Long Term Debt 5070 0.00 0.00 94,980.00 100.00% Interest on Long Term Debt 5071 0.00 0.00 9,015.00 100.00% Water Purchase - CWD 5080 126,863.68 1,459,234.45 1,654,800.00 11.82% Water Supply Fees 5090 2,543.38 29,254.90 33,175.00 11.82% Capital Transfer - Connection Fees 5105 10,341.05 256,794.05 81,000.00 (217.03)% Non-Bargaining Unit Salaries 5170 16,628.00 166,280.00 199,540.00 16.67% Bargaining Unit Salaries 5171 19,469.02 251,025.23 434,995.00 42.29% Overtime, Shift & Holiday 5172 0.00 7,080.51 10,000.00 29.19% Computer Network 5210 0.00 4,985.13 7,600.00 34.41% Date: 5/8/23 02:42:16 PM Page: 1 Champlain Water District Statement of Revenues and Expenditures - Unposted Transactions Included In Report 70 - South Burlington Water Department 90 - South Burlington Water From 4/1/2023 Through 4/30/2023 CURRENT MONTH Year To Date Actual Original Total Budget $ - Original Remaining - Budget Percent Total Vehicle & Light Duty Equipment Maintenance 6400 2,227.48 22,274.80 26,730.00 16.67% Emergency On-Call Coverage 6700 230.00 2,300.00 2,329.00 1.25% Distribution Materials 6800 8,516.44 49,920.74 114,550.00 56.42% Distribution System Improvements 8502 0.00 846.26 75,000.00 98.87% Total Expenditures 200,757.51 2,434,562.47 3,056,039.00 20.34% Net Revenue Over Expenditures 32,760.73 195,657.63 0.00 0.00% Date: 5/8/23 02:42:16 PM Page: 2 Memo To: South Burlington City Council From: Jean-Sébastien Chaulot, Chair of Natural Resources & Conservation Committee CC: Dave Wheeler, Deputy Director of Water Resources Jessie Baker, City Manager Date: May 11, 2023 Re: NRCC – Letter of Support for a Vermont Invasive Species Management Day On behalf of the Natural Resources & Conservation Committee (NRCC), I would like to submit the following request to submit a letter of support to the Vermont Legislature to encourage the creation of a Vermont Invasive Species Management Day. Through a recent article published in VTDigger, titled “Final Reading: A quest to combat invasives seeks lawmakers’ support”, the NRCC became aware of a campaign to establish an annual Vermont Invasive Species Management Day. The idea is to model it after Green Up Day, where all residents would be encouraged to chip in a do their part to help protect the environment by managing invasive species within their own small piece of the bigger puzzle. This effort is being led by a former South Burlington resident, Bernie Paquette, who is currently gathering letters of support from a variety of organizations, including many Town Conservation Committees/Commissions. The NRCC would also like to provide a letter of support to encourage establishing this type of community-organizing day. During the NRCC’s May meeting, the committee voted unanimously on the language in the attached letter of support. Therefore, I am requesting that Council indicate their support for the NRCC to send this letter to the City’s legislative representatives. I am requesting that council take a formal vote on this matter. Best Regards, South Burlington Natural Resources & Conservation Committee Jean-Sébastien Chaulot, Chair To Vermont Legislature Montpelier, Vermont From: The South Burlington Natural Resources and Conservaon Commi ee (NRCC) Re: Vermont Invasive Species Management Day Date: May 3, 2023 CC: South Burlington City Council Jessie Baker, City Manager To Whom it may concern, The South Burlington Natural Resources and Conservaon Commi ee (NRCC) would like to express its support for a state-wide Vermont Invasive Species Management Day to raise awareness of the presence and threat of invasive species to Vermont lands, both privately and publicly owned. The NRCC joins a coalion of other conservaon groups and municipal organizaons to ask the Vermont Legislature to declare a Vermont Invasive Species Management Day, to be held each May on the Saturday a4er Green Up Day. In the forests of South Burlington, we have witnessed the spread of invasive plants such as non-nave honeysuckles, common buckthorn, and Japanese barberry. These invasive shrubs harm our woodlands by suppressing the regeneraon of maples and other na ve trees. In our waters, we have seen zebra mussels mulply, which filter out beneficial algae, while leaving toxic blue-green algae to flourish. We have seen phragmites take over our wetlands, growing over 10 feet tall and shading out nave marsh plants. We ar e also concerned with the imminent threat of the round goby, which aggressively feed on the eggs of our nave fish and reproduce very quickly. Along our roadsides, we have seen the spread of wild chervil and wild parsnip, species that are harmful to human health and make agricultural fields unproducve. We are threatened by the regional presence of the emerald ash borer, which will wipe out swaths of street trees, leaving certain neighborhoods exposed to a higher risk of urban heat island effect. None of these plants, animals or insects are beneficial to wildlife. Green Up Day has shown that a statewide volunteer-led approach is a model that can be extremely successful in engaging the public and bringing a enon to the health of our environment. The NRCC believes that a declaraon by the Vermont legislatu re for a Vermont Invasive Species Day would bring a enon to the threats invasive species pose and mo bilize volunteers to get involved. Managing the economic and ecological threats posed by invasive species, whether terrestrial or aquac plants, diseases, microbes, or non-nave insects, i s a problem where local, small-scale efforts can have a significant impact. Vermont Invasive Species Day would be an easy first step by State leaders to encourage Vermonters, who all cherish the natural landscape of our State, to be more aware of the threats to our nave plant and animal communies posed by invasive species. Best Regards, South Burlington Natural Resources & Conservaon Co mmi ee Jean-Sébasen Chaulot, Chair 104 Landfill Road, South Burlington, VT 05403 www.southburlingtonvt.gov tel 802.658.7961 Memo To: South Burlington City Council From: Thomas J. DiPietro Jr., Director of Public Works Cc: Jessie Baker, City Manager Date: May 10, 2023 Re: Northern Borders Regional Commission (NBRC) Catalyst Program Grant Application _________________________________________________________________________________ On April 21, 2023 the City of South Burlington submitted a letter of intent to the Northern Borders Regional Commission (NBRC) Catalyst Program for construction of a new water storage tank in the City’s high service area. In early May 2023, we received a response from NBRC and the State of Vermont inviting us to submit a full Catalyst program grant through the NBRC’s portal. The portal opens on May 15, 2023 and the application must be submitted by 5:00 pm on June 2, 2023. Included with this memo please find a grant request form authorizing Tom DiPietro, South Burlington Director of Public Works, to submit the full grant application to NBRC. Our request to this grant program is for $1,000,000 in funding to support design and construction of the water tank project. The total project cost is currently estimated to be $5,750,000. The grant application process also requires that the City identify an “Authorized Official” that can apply for, expend, and accept grant funds from the NBRC. Included with this memo is a resolution that identifies Jessie Baker, South Burlington City Manager, as the Authorized Official for the NBRC grant. I am requesting that City Council take the following actions: 1. Approve Tom DiPietro to submit a Northern Borders Regional Commission Catalyst Program Grant Application and serve as the grant manager / primary contact for the grant. 2 2. Approve a resolution to name Jessie Baker, South Burlington City Manager, as the Authorized Official for the Northern Borders Regional Commission Catalyst Program Grant Application. Northern Border Regional Commission Good day, On behalf of the Northern Border Regional Commission (NBRC) and the State of Vermont, we are pleased to inform you that your organization has been invited to submit a full Catalyst Program application, through NBRC’s application portal, no later than 5:00 pm on June 2, 2023. Please retain this e-mail as it contains important information you will need to complete the application portion of the process. Detailed information on the 2023 Catalyst Program, including the application manual which will walk you through the application questions https://www.nbrc.gov/content/Catalyst. NBRC’s application portal will open on May 15th and can be accessed at https://grants.nbrc.gov/Login.aspx. The 2023 Catalyst Program application and required support documents are required to be submitted through NBRC’s application portal to be eligible for funding consideration. While your project has been invited to apply, the invitation is with conditions, which must be addressed within the application and application support documents. Please note the following issues in your LOI and review the corresponding application manual section for direction to correct these issues in your application: • Local Development District grant administration not included in budget • NEPA costs not included in the budget In addition to the resources available on our website, NBRC is hosting four state-specific Catalyst Program application information sessions in mid-May. Details on the session for your state and information on how to register can be found below. All the best, Andrea K. Smith Program Director JC Cleveland Federal Bldg., Suite 1501 l 53 Pleasant Street, Concord, New Hampshire 03301 l (603) 369-3001 l www.nbrc.gov Vermont: May 10, 2023 2:00-4:00 PM Eastern Time (US and Canada) Register: https://us02web.zoom.us/meeting/register/tZMtfu-gqD4rHtNjvrZDipg8TmUNZmYj5nK2 180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov 2023 - 9 A Resolution Authorizing Jessie Baker, City Manager, to be empowered to act on behalf of the City of South Burlington as the Authorized Official to the Northern Borders Regional Commission Resolved by the City Council of the South Burlington as follows: WHEREAS, the City Charter, Section 310 outlines the financial responsibilities of the City Council; and WHEREAS, the City of South Burlington is applying to the Norther Borders Regional Commission for $1,000,000 for the construction of a new water storage tank in South Burlington’s high service zone; NOW THEREFORE, Jessie Baker, South Burlington City Manager is hereby authorized, on behalf of the City of South Burlington to apply for, accept, and expend grant funds from the Northern Borders Regional Commission. The named authorized official has permission to sign all NBRC investment documents that bind the applicant. APPROVED this 15th day of May, 2023 SOUTH BURLINGTON CITY COUNCIL __________________________________ ________________________________ Helen Riehle, Chair Meaghan Emery, Vice Chair __________________________________ ________________________________ Tim Barritt, Clerk Tyler Barnes __________________________________ Andrew Chalnick 104 Landfill Road, South Burlington, VT 05403 www.southburlingtonvt.gov tel 802.658.7961 Memo To: South Burlington City Council From: Thomas J. DiPietro Jr., Director of Public Works Cc: Jessie Baker, City Manager Date: May 11, 2023 Re: Addendum to Urban Art Agreement ______________________________________________________________________________ On June 16, 2011 the City entered into an agreement with Healthy Foods Natural Food Market (Healthy Living) regarding the maintenance of an urban art project located on their property at 222 Dorset Street. The agreement discusses alterations to the urban art project and lays out responsibility for on-going maintenance costs. The South Burlington City Council approved this agreement at a June 6, 2011 meeting. This agreement commenced on 7/1/11 and expired on 6/30/21. The City and Healthy Living would like to extend this agreement for another ten years. Included with this memo please find an “Addendum to Maintenance Agreement” that extends the original agreement until June 30, 2033. This addendum was prepared by the City’s legal counsel. If you have any questions or would like more information, please contact me at (802) 658-7961 or tdipietro@southburlingtonvt.gov . Requested Council Action: Approve the attached “Addendum to Maintenance Agreement” for the urban art project located at 222 Dorset Street and authorize Jessie Baker, South Burlington City Manager, to sign on behalf of the City. ADDENDUM TO MAINTENANCE AGREEMENT This Addendum to the Maintenance Agreement (“Addendum”) is entered into by and between ROAD TO HANA, INC., d/b/a HEALTHY FOODS NATURAL FOOD MARKET (“HL”), MALONE DORSET STREET PROPERTIES, LLC (Landlord) and the CITY OF SOUTH BURLINGTON (“City”). Recitals WHEREAS, HL, Landlord and the City entered into a Maintenance Agreement (“Agreement”) dated June 16, 2011 relating to an urban art project at 222 Dorset Street, South Burlington, Vermont; and WHEREAS, the Agreement expired on June 30, 2021; and WHEREAS, the parties desire to extend the Agreement so that it remains in effect until June 30, 2033. NOW THEREFORE, in consideration of the mutual covenants and agreements herein set forth, it is agreed by the parties hereto, as follows: 1. Section 3 of the Agreement (“Term, Successors & Assigns”) is amended to read as follows: “This Agreement shall commence on 7/1/11 and shall continue until 6/30/33 unless sooner terminated, in writing, by HL and the City. This Agreement shall be binding upon all successors and assigns of the parties and HL shall expressly notify potential business successors and assigns of this Agreement prior to closing on any transfer of HL’s business interests or assets.” 2. All other terms and conditions of the Agreement shall be as stated and remain in full force and effect. This Space Intentionally Left Blank Signatures on Following Page IN WITNESS WHEREOF, the parties, as evidence by the signatures of their Duly Authorized Agents, do hereby execute this Addendum to the Maintenance Agreement as of the ___ day of _______, 2023. ROAD TO HANA, Inc. CITY OF SOUTH BURLINGTON By: _________________________ By: _____________________________ Eli Lesser-Goldsmith Jessie Baker, City Manager Duly Authorized Agent Duly Authorized LANDLORD By: _________________________ Patrick Malone, Malone Dorset Street Properties, LLC Duly Authorized Agent 180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov May 12, 2023 TO: City Council FROM: Daisy Brayton, SHRM-CP Human Resources Director RE: City Clerk Position Update I am happy to announce that Holly Rees has accepted our offer for the City Clerk position. Beginning May 30, 2023, she will begin her transition into the Incoming City Clerk position and will work approximately 20 hours a week in this role and 20 hours a week in her Recreation and Parks Director role. She accepted a salary within the advertised hiring range. Current City Clerk, Donna Kinville, has agreed to remain in the position and work alongside Holly through August 18, 2023. As the appointed City Clerk, she will have the full authority and responsibilities as an elected clerk through March 5, 2024. It has been my pleasure to assist you with the recruitment, interviewing and hiring process. Congratulations on an excellent hire. 180 Market Street, South Burlington, Vermont 05403 | 802‐846‐4107 | www.southburlingtonvt.gov 2023 ‐ 8 City Council Resolution Honoring Leslie Black-Plumeau for Her Years of Service Volunteering WHEREAS, Leslie Black-Plumeau, member on the Affordable Housing Committee, resigned on April 19, 2023, after ten-years of outstanding and praiseworthy service to the City of South Burlington; and WHEREAS, Leslie began her service with the Affordable Housing Committee in 2012, bringing her housing affordability experience from the Vermont Housing Finance Agency, where she is the Community Relations and Research Manager in the Policy and Planning Department at Vermont Housing Finance Agency; and WHEREAS, Leslie has consistently responded with resourcefulness and foresight to the duties and responsibilities given her, fulfilling them with outstanding competency; and WHEREAS, Leslie was instrumental in the development and implementation of impactful projects such as development of the “The Path to Affordability” affordable housing report adopted by the City Council in 2013. This report helped lead the way to several municipal policies households still benefit from today, such as the establishment of a housing trust fund, inclusionary zoning, diversification of building types, diversification of planned development, formed based code, access to outdoor space, encouragement of municipal water and sewer, and many more; and WHEREAS, her insight and strong advocacy helped lay the groundwork for a decade’s worth of policies and funding that directly helped numerous singles, families, students, and elders to be able to have safe, accessible, and affordable housing in this great community; and WHEREAS, Leslie has set an example of dedication to principle which has been an inspiration to her fellow committee members; and NOW, THEREFORE BE IT RESOLVED, that we, the City Council, do hereby extend to Leslie Black-Plumeau our sincere and grateful appreciation for her dedicated service to the City of South Burlington, our congratulations on her continued work for creating an affordable State of Vermont, and our best wishes to her and her family for continued success, happiness, and good health in the years to come. APPROVED this 15th day of May, 2023 SOUTH BURLINGTON CITY COUNCIL __________________________________ ________________________________ Helen Riehle, Chair Meaghan Emery, Vice Chair __________________________________ ________________________________ Tim Barritt, Clerk Tyler Barnes __________________________________ Andrew Chalnick 180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sbvt.gov MEMORANDUM TO: Jessie Baker, City Manager; South Burlington City Council FROM: Paul Conner, Director of Planning & Zoning SUBJECT: LDR Amendment #LDR-22-09 second public hearing DATE: May 15, 2023 City Council Meeting Enclosed please find the materials for the City Council’s second public hearing on draft amendments to the Land Development Regulations’ Environmental Protection Standards. These amendments include the changes approved by Council at your meeting on April 17th. Pursuant to 24 VSA 4442(b), a copy of the changed proposal was provided to the City Clerk and to the Planning Commission. Further, in accordance with the Statute, the Planning Commission is requested to reviewed and the Report prepared pursuant to subsection 4441(c) of this title. The Commission voted 5-0 at their April 25, 2023 meeting to affirm the original report regarding LDR-22-09 and to note that changes made to the original amendment language does not alter that report. The Council is invited to hold its second public hearing this evening and, subsequently, to consider adoption. No additional comments have been submitted to staff since the Council’s vote on April 17. Council Possible Actions: Possible motion to open hearing: “I move to open the public hearing on amendment to the Land Development Regulations #LDR-22-09.” Possible motion to close hearing: “I move to close the public hearing on amendment to the Land Development Regulations #LDR-22-09.” Possible motion to adopt the amendments: “I move to adopt amendment to the Land Development Regulations #LDR-22-09 as presented.” Should the Council wish to consider or make additional changes to the draft rather than adopting them amendments as presented, staff can walk through the associated required procedural steps. 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 Monday, May 15, 2023 at 7:30 pm PLEASE TAKE NOTICE that the City Council will hold a public hearing on Monday, May 15, 2023 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/citycouncil-05-15-2023 • Telephone: (571) 317-3122; Access Code: 354-801-565 The purpose of the hearing is to consider the following: A. LDR-22-09: Updates to Article 12 Environmental Standards, including, but not limited to: 1) Modification of the Class II wetlands buffer boundary in some residential areas 2) Update standards for development within pre-existing impacted areas 3) Streamline administrative permitting process 4) Remove permitted, human-made steep slopes from regulation as steep slopes 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 27, 2023 ARTICLE 2 DEFINITIONS 2 DEFINITIONS 2.01 Rules of Construction, Intent and Usage 2.02 Specific Definitions 2.03 Definitions for Flood Hazard Purposes * * * 2.02 Specific Definitions * * * Elevation. (A) A vertical distance above or below a fixed reference level; (B) a flat scale drawing of the front, rear, or side of a building. Environmental Restoration Project: A project authorized under the MS4 General Permit, TS4 General Permit, or Municipal Roads General Permit (MRGP), that addresses a primary pollution source identified in a Vermont Department of Environmental Conservation approved watershed implementation plan (i.e. TMDL, Flow Restoration Plan, or Phosphorus Control Plan) and is not required for the purpose of developing or redeveloping impervious surfaces. Additionally, any floodplain reconnection or stream channel restoration projects that are not included in a Flow Restoration Plan or Phosphorus Control Plan, but are necessary to meet the required pollutant reductions in a TMDL. Erosion. The process by which the ground surface is worn away by the action of wind, water, gravity, ice or a combination thereof, or the detachment and movement of soil or rock fragments. Establishment. An economic unit, generally at a single physical location, where business is conducted or services or industrial operations are performed. Environmental Restoration Project: A project authorized under the MS4 General Permit, TS4 General Permit, or Municipal Roads General Permit (MRGP), that addresses a primary pollution source identified in a Vermont Department of Environmental Conservation approved watershed implementation plan (i.e. TMDL, Flow Restoration Plan, or Phosphorus Control Plan) and is not required for the purpose of developing or redeveloping impervious surfaces. Additionally, any floodplain reconnection or stream channel restoration projects that are not included in a Flow Restoration Plan or Phosphorus Control Plan, but are necessary to meet the required pollutant reductions in a TMDL. * * * Steep Slopes. Any land formation, aside from individual rocks, with a measured slope of between 15 and 25% containing a vertical drop of at least three (3) feet. Any such land formations that are human-made and previously permitted by the City, as shown on an approved site plan or other permit documentation, shall not be considered, and are excepted from the definition of, “steep slopes”. Steep Slopes, Very. Any land formation, aside from individual rocks, with a calculated slope of over 25% containing a vertical drop of at least three (3) feet. Any such land formations that are human-made and ARTICLE 2 DEFINITIONS previously permitted by the City, as shown on an approved site plan or other permit documentation, shall not be considered, and are excepted from the definition of, “very steep slopes”. ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS South Burlington Land Development Regulations 12 ENVIRONMENTAL PROTECTION STANDARDS 12.01 General Protection Standards and Review Procedures 12.02 Restricted Infrastructure Encroachment 12.03 Steep Slopes 12.04 Habitat Block Overlay District 12.05 Habitat Connector Overlay District 12.06 Wetland Protection Standards and Review Procedures 12.07 River Corridor Overlay District 12.08 Flood Hazard AreaFloodplain Overlay District 12.01 General Protection Standards, Classifications and Review Procedures A. Purpose. It is the purpose of this Article to implement, from a regulatory perspective, the Comprehensive Plan’s goal of “emphasizing sustainability for long-term viability of a clean and green South Burlington” and objective to “promote conservation of identified important natural areas, open spaces, aquatic resources, air quality, arable land and other agricultural resources, historic sites and structures, and recreational assets” in balance with the overall goals and objectives of the Comprehensive Plan. This Article establishes application requirements and development standards designed to avoid or minimize undue adverse effects on these natural resources. The natural resources regulated in this article may also be subject to specific subdivision or planned unit development standards. Where there is conflict between subdivision or planned unit development standards, and the standards in this article, the standard that imposes the greater restriction shall apply. B. Classification. For the purposes of these Regulations, resources are grouped into Hazards, Level I and Level II Resources. ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS 2 Table 12-01 – Classification of Natural Resources Location in Regulations Initial Identification Field Verification / HDA Hazards Floodplain (1% and 0.2% B2), Floodway 12.08 FEMA FIRM If Requested River Corridor except intermittent streams 12.07 ANR Atlas If requested Class I, II Wetlands, Buffers 12.06 ANR Atlas Required Very Steep Slopes (25+%) 12.03 ANR Atlas If impacted Level I Resources Habitat Block Overlay District 12.04 Habitat Block and Connectors Overlay District Map N/A unless seeking exchange per Section 12.04 Habitat Connector Overlay District 12.05 Habitat Blocks and Connectors Overlay District Map N/A unless seeking modification per 12.05 Level II Resources Floodplain (0.2% Zone B1) 12.08 FEMA FIRM If Impacted Class III Wetlands, Buffers 12.06 ANR Atlas If impacted Steep Slopes (15 to 25%) 12.03 ANR Atlas If impacted River Corridor - Intermittent Streams 12.07 Site Mapping If impacted C. Applicability of Standards. All development must comply with the provisions of this Article, unless otherwise exempted, in order to prevent undue adverse effects on ecological resources, water quality and working lands, unless explicitly waived or amended in this section. Exemptions includeThe following development is exempt from review under this section: (1) Construction of fences a. Under the following circumstances (i) that enclose cleared areas, such as lawn areas surrounding a residence, provided the clearing occurred prior to November 10, 2021, or was approved by the DRB in accordance with this Article; or (ii) that are erected for standard agricultural purposes; or, (1) (iii) that are lower than 4 feet measured from the ground to the highest point of the fence and that have at least 16 inches of clearance between the lowest horizontal part of the fence and the ground. In all cases, proposed fences must comply with section 13.17 (Fences) of these Regulations. b. In all cases, proposed fences must comply with section 13.11 (Fences) of these Regulations. (2) Exemptions as specified elsewhere in these Regulations. D. Development Review Process. All. (1) For applications not otherwise subject to Site Plan Review, Subdivision Review, or PUD Review, all development that may encroach upon a natural resource regulated in Article 12 shall be subject to the submission requirements for a Site Plan Review by the Development Review Board (see Article 14). However, ifin Appendix E as relevant to documenting the encroachment is proposed as a part of a subdivision or Planned Unit Developmentimpact on the Article 12 natural resource(s). Such application, the proposed encroachment ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS 3 shall be reviewed under those procedures and standards instead of Site Plan Review. Other exceptions include: by the Development Review Board as a miscellaneous application. (1) Applications involving development on Steep Slopes (Section 12.03)(2) Administrative Review. When alteration of Steep Slopes and/or Very Steep Slopes (regulated under Section 12.03), or alteration in association with association with stabilization of pre-existing conditions (subsection 5) areis the only encroachment on an Article 12 natural resource, the application shall be subject to administrative Site Plan Review (Section 14.04), unless the application is for a single-household dwelling or, a two-household dwelling, or associatedan accessory structures, in which case the applicationstructure to a single-household or two- household dwelling. Such applications shall be subject to zoning permit review by the Administrative Officer. (3) City Center FBC District. All applications involving development in the City Center Form Based Code District that may impact a Class II or Class III wetland, or the required buffer for a Class II or Class III wetland regulated in Section 12.06 shall be subject to administrative Site Plan Review unless referred to the Development Review Board for Site Plan Review by the Administrative Officer (Section 14.04). (4) Stormwater. All applications that solely include development related to stormwater management (Section 13.05) shall be subject to administrative Site Plan Review (Section 14.04). (5) Stabilization of pre-existing conditions. Encroachments into Class II Wetland Buffers located more than 50’ from the edge of the wetland, Class III Wetland or their buffers, Habitat Blocks, Habitat Connectors, Steep Slopes, and Very Steep Slopes, for the sole purpose of stabilizing a previously approved, pre-existing structure, driveway, walkway, or land feature shall be subject to administrative Site Plan review, unless the application is exempt from site plan review under Section 14.03. Applications exempted from site plan review shall be subject to zoning permit review by the Administrative Officer and, except as required by the Administrative Officer, shall not be subject to the submission requirements for a Site Plan in Appendix E. The applicant shall demonstrate that the encroachment represents the least possible impact to the specific resource (e.g., location with least adverse impact, designed to minimize disturbance of the resource). Nothing in this subsection alleviates the obligation to comply with all applicable standards of the River Corridor Overlay District and the Floodplain Overlay District. 12.02 Restricted Infrastructure Encroachment A. Purpose. The purpose of this section is to define specific types of “restricted infrastructure” that may be allowed to encroach upon a natural resource regulated in Article 12 and to define the standards that shall be met in order for an encroachment to be allowed. B. Types of Development. Restricted Infrastructure Encroachments are limited to the types of development listed in this subsection: (1) Underground public utilities systems (e.g., water, wastewater, stormwater, electric, broadband, telephone). (2) Public sidewalks and recreation paths (including bridges and boardwalks) intended to connect parcels and neighborhoods, or provide recreational opportunities within areas containing Hazards, Level I Resources, or Level II Resources. (3) Public and Private Street crossings designed to cross Hazards, Level I Resources, and Level II Resources (e.g., designed to minimize disturbance of the subject natural resources). (4) Public and Private Driveway crossings designed to cross Hazards, Level I Resources, and Level II Resources (e.g., designed to minimize disturbance of the subject natural resources). ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS 4 (5) Stormwater Facilities specifically identified as a part of an Environmental Restoration Project. C. Qualifying Criteria. Encroachment into a natural resource may only be allowed if there is a finding that the proposed Restricted Infrastructure Encroachment meets one or more of the following qualifying criteria: (1) Is necessary to repair impacts from a Federally declared disaster, mitigate the future impacts of hazards, and/or necessary for the protection of the public health, safety and welfare; (2) Is for a functionally dependent purpose or use; (3) Is a part of an Environmental Restoration Project; (4) Is on the Official Map; (5) Is for purposes of crossing a natural resource area to gain access to land on the opposite side of the area; or (6) For purposes of providing safe access in accordance with City roadway and connectivity standards to an approved use. D. Development Review Process. Applications involving Restricted Infrastructure Encroachments shall be subject to the development review process outlined in Section 12.01(D). E. Standards. All Restricted Infrastructure Encroachments shall meet the following standards: (1) The encroachment shall not have an undue adverse effect on the subject natural resource and shall meet all specific, applicable standards for Restricted Infrastructure Encroachments into River Corridors (Section 12.07), Wetlands Buffers (Section 12.06), and Habitat Blocks (Section 12.04). (2) Street and Driveway Crossings Not On Official Map. Restricted Infrastructure Encroachment projects involving streets and/or driveways not shown on the City Official Map that cross River Corridors (Section 12.07), Wetlands Buffers (Section 12.06), and/or Habitat Blocks (Section 12.04) may be allowed only upon a determination by the Development Review Board that all resource-specific standards and the following standards have been met: (a) There is no feasible alternative for providing safe access to the developable portion of the property; (b) Alternative accesses through adjacent properties have been considered and, where fewer or no constraints exist, property owners have been contacted to discuss locating the street or driveway on the adjacent property; (c) The requirements of the applicable restriction will cause unnecessary or extraordinary economic hardship; (d) The area served by the encroachment represents more than thirty (30) percent of the total developable land on the parcel; and, (e) The encroachment represents the least possible impact to the specific resource (e.g., location with least adverse impact, designed to minimize disturbance of the resource). 12.03 Steep Slopes ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS 5 A. Purpose. It is the purpose of this Section to protect the City’s areas of steep and very steep slopes, as mapped and delineated for this purpose, in order to: (1) Prevent erosion and avoid stream sedimentation that may cause undue adverse effects on water quality. (2) Prevent hazards to life and property resulting from slope instability or failure, including rock falls, slides, slumps and other downslope movements of materials or structures. (3) Maintain and re-establish vegetation on steep slopes to stabilize soils. (4) Ensure that development on steep slopes is constructed and maintained in conformance with best management practices for construction, stormwater management and erosion control. B. Applicability. All development is subject to the standards belowin this section where steep slopes or very steep slopes are present. C. Application Submittal Requirements. Submittal of a preliminary and/or complete Site Conditions Map (as applicable to the stage of application) pursuant to Appendix E. An analysis of slope stability prepared by a licensed engineer shall also be submitted to ensure that no erosion hazards are created that would have an undue adverse effect on surface waters, wetlands, areas of special flood hazards, or downstream facilities, and any recommended mitigation measures D. Review Process. Per Section 12.01(D), applications involving development on when alteration of Steep Slopes or Very Steep Slopes or Steep Slopes is the only encroachment on an Article 12 natural resource, the application shall be reviewed viasubject to administrative Site Plan Review (Section 14.049), unless the application is for a single-household dwelling, a two-household dwelling, or an accessory structure to a single- household or two-household dwelling, in which case the application mayshall be approved via a subject to zoning permit reviewedreview by the Administrative Officer. The DRB or Administrative Officer, as applicable, shall have discretion to waive review under Section 12.03 of any area of Very Steep Slopes or Steep Slopes the DRB or Administrative Officer determine to be de minimis due to its small size and isolation from other Very Steep Slopes or Steep Slopes. E. Standards. (1) Very Steep Slope Standards. (1)a. Development other than Restricted Infrastructure Encroachment is prohibited on very steep slopes greater than 25%.. (2) Steep Slope Standards. a. All development must be designed to avoid undue adverse effects on steep slopes between 15% and 25%. Clearingwhich may include, but are not limited to, undue clearing of vegetation, excavation, and/or filling on steep slopes shall be minimized. . (2)b. All recommendations of the slope stability analysis submitted with the application shall be required by the DRB or Administrative Officer. F. Exemptions. (1) Removal of Earth Products. Slopes exceeding 15 percent that are Steep slopes and very steep slopes created by an approved removal of earth products removal use shall be exempt from the regulations of this subsectionSection 12.03. ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS 6 (2) Environmental Restoration Projects. Environmental Restoration Projects are exempt from the regulations of Section 12.03. (3) Shoreline Restoration Projects. Projects with the primary purpose of restoring the shoreline of a lake, river, or stream through installation of vegetation and other methods that do not include the installation of structures (e.g., retaining walls), are exempt from the regulations of Section 12.03. 12.04 Habitat Block Overlay District A. Purpose. With the main goals of identifying habitat resources that meet the needs of a wide variety of wildlife species and provide opportunities for some species to access several habitat areas, the City engaged a consultant to conduct a City-wide habitat assessment. The “City of South Burlington Habitat Block Assessment & Ranking 2020” prepared by Arrowwood Environmental, LLC, locates and ranks certain contiguous forested areas and adjacent unmanaged shrubby areas of old field, young forest and unmanaged wetlands. Based on the information in that report, the City has designated certain areas permanently as Habitat Blocks. It is the purpose of the Habitat Block Overlay District standards to avoid undue adverse effects from development on these resources, promote the natural succession of vegetated areas of native vegetation in order to support wildlife habitat and movement, promote carbon sequestration, filter air, and increase infiltration and base flows in the City’s streams and Lake Champlain. B. Applicability. The requirements of this Section apply to all areas indicated as “Habitat Blocks” on the Habitat Block and Habitat Connector Overlay Districts Map, except as follows: (1) On lots less than one (1) acre in size existing as of November 10, 2021; (2) On land located within a 50-foot horizontal distance of a principal building existing on the same parcel as of the effective date of these regulations; (3) On land authorized by the Development Review Board to be removed from or added to a Habitat Block pursuant to the modification options of this section or as part of a Conservation Planned Unit Development. C. Application Submittal Requirements. Submittal of a preliminary and/or complete Site Conditions Map (as applicable to the stage of application) pursuant to Appendix E. Where an applicant elects to perform a Habitat Disturbance Assessment, the submittal requirements of Section 12.04J shall apply. D. Modification of Habitat Block. An applicant may request approval from the Development Review Board to modify a Habitat Block in any of the following manners. An applicant may select any one of the three modification options below. A development application may not include more than one option for any application. Land located within the SEQ-NRP zoning sub-district, Hazards, or Level I Resources, previously approved as open space or conserved land, subject to a deed restriction prohibiting development, subject to a conservation or density reduction easement, or owned by the City of South Burlington or the Winooski Valley Parks District and designated as a park or conservation parcel shall not be eligible for any of the three options to modify a Habitat Block. (1) Minor Habitat Block Boundary Adjustment. An applicant may apply to modify the boundary of a Habitat Block by up to fifty (50) feet in any direction to account for site-specific conditions, upon written request by the applicant as part of the requisite application. Any proposed reduction in Habitat Block area must be offset with an equal addition elsewhere within the same subject parcel or Planned Unit Development. The land to be protected through the modification of the Habitat Block boundary must be contiguous to ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS 7 the Habitat Block. In no case shall the Development Review Board approve a net reduction of the area of a Habitat Block. (2) Small On-Site Habitat Block Exchange. An applicant may apply to exchange a portion of a Habitat Block not to exceed two (2) acres or ten (10) percent of the application’s total land area, whichever is less, for an equal amount of land within the same Planned Unit Development or Site Plan upon written request, without requiring a Habitat and Disturbance Assessment. Such land exchange must not include Core Habitat Block Areas and shall not eliminate existing Habitat Connectors. The land to be protected through the exchange may be located separate from the Habitat Block. To approve a small on-site habitat block exchange, the Development Review Board shall require the applicant to: (a) Retain a similar or greater quality and maturity of vegetation within the proposed areas for exchange; and (b) Prioritize the retention of forest stands that include trees measuring 9 inches diameter at breast height (dbh) within the exchange area. (3) Larger Area Habitat Block Exchange. An applicant may apply to exchange a portion of a Habitat Block for the addition of an equal amount of contiguous land within the same Habitat Block upon written request, and pursuant to the standards of this Section. The exchange of land within the same Habitat Block may occur within one parcel or on separate parcels. (a) Supplemental submittal requirements. (i) Indicate, on the Master Plan and all subsequent plans, all proposed alterations to the Habitat Block. (ii) Submit, as part of the preliminary plat application, a Habitat and Disturbance Assessment (HDA) pursuant to Section 12.04(J) and a written assessment of compliance with the standards contained within this subsection. (b) Supplemental Standards of Review. The Development Review Board may approve a re- designation of a portion of a Habitat Block if it finds that all of the criteria below are met: (i) The HDA demonstrates that the alteration will not result in a reduction in the Habitat Block’s function as a Significant Wildlife Habitat; (ii) Wildlife movement and connectivity between Habitat Blocks will be retained; and, (iii) Development and infrastructure proposed to be located adjacent to the Habitat Block must be designed to have no undue adverse effects on habitat functions; and (iv) The land that will be added to the Habitat Block is contiguous to the land that will not be removed from the Habitat Block, such that the modified Habitat Block is a continuous whole that is not interrupted or separated by roadways, railways, or other impeding infrastructure. (c) Exchanged Land. Land to be added to the Habitat Block pursuant to this subsection must be identified on the subdivision plat that is recorded, and in associated legal documents, for the purposes of subsection 12.04(I), below. (i) Any land proposed to be added shall be accompanied by a restoration plan, prepared by a landscape architect, professional wildlife biologist, or equivalent, that will result in the land functioning as a Significant Wildlife Habitat within a period of ten (10) years and being classified as transitional forest / forest by a land use / land cover assessment at that time. ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS 8 E. Substantially-Habitat Block-covered lots. A lot containing a combination of Hazards and Level I Resources exceeding seventy (70) percent of the total lot area is eligible for relief from Habitat Block standards in the following manners: (1) As a Conservation Planned Unit Development, subject to the standards of Section 15.C.05; and, (2) The applicant is entitled to re-designate a portion of the Habitat Block, to allow for thirty (30) percent of the total parcel area as Buildable Area. The applicant shall provide a proposed redesignation to the Development Review Board with land designated as, and added to, the parcel’s Buildable Area in the following order: • First: Land not a Hazard or Level I Resource; • Second: Land that is not characterized by a preponderance of mature trees; • Third: Land within Habitat Blocks, excluding Core Habitat Block Areas or areas which would sever a Habitat Connector. • Fourth: Land within Habitat Blocks, avoiding Core Habitat Block Areas to the greatest extent possible; (a) Calculation: Land shall be selected from first to fourth. If all applicable land on the lot from one category is designated as Buildable Area, and the allotment of thirty (30) percent of the total parcel area has not been reached, then land from the next category shall be selected. (b) Special Circumstances: Where the DRB finds that designation of land as Buildable Area pursuant to the priority order above is in conflict with the purposes of this section, or where it finds that strict adherence to the priority order does not allow for a unified PUD consistent with the purposes or intent of these regulations, it may approve modifications to the land selected. Any such modifications shall be minimized in terms of land area and changes to, or reordering, the priority order. (c) Any land excluded from Habitat Blocks regulated under this subsection and redesignated as Buildable Area shall remain subject to all other provisions of these Regulations. F. Standards for Habitat Block Protection. 1) General standards. Except as specifically exempted pursuant to Subsections 12.04(G)(1) and (2) below, approved by the DRB pursuant to subsection 12.04(G)(3) below, or modified in accordance with Section 12.04(D) above, all lands within a Habitat Block must be left in an undisturbed, naturally vegetated condition. Specifically: a) The clearing of trees and understory vegetation is prohibited except as specified in this section. b) The creation of new lawn areas is prohibited. c) Snow storage areas are prohibited. d) Habitat Blocks must be clearly indicated on all plans and demarked as such. Any building envelopes shall not contain any land located within Habitat Blocks. e) Supplemental planting and landscaping with appropriate species of vegetation to achieve the objectives of this Section is permitted. G. Exempted Uses and Activities. The following uses and activities are exempt from review under this section: ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS 9 (1) Establishment and maintenance of unpaved, non-motorized trails not to exceed ten (10) feet in width, or their width prior to adoption of these regulations, whichever is greater; (2) Removal of invasive species, removal of diseased vegetation, and removal of dead or dying trees posing an imminent threat to buildings or infrastructure; and, (3) Uses and activities enumerated in Section 12.01(C). Nothing in this subsection shall be construed to modify the boundary of a Habitat Block as shown on the Habitat Block and Habitat Connector Overlay Districts Map. H. Development within Habitat Blocks. The encroachment of new development activities into, and the clearing of vegetation, establishment of lawn, or other similar activities in Habitat Blocks is prohibited. However, the DRB may allow the following types of development within a Habitat Block pursuant to the standards contained herein: (1) Restricted Infrastructure Encroachment, pursuant to Section 12.02 and the following supplemental standards: a) The facility shall be strictly limited to the minimum width necessary to function for its intended purposes; b) The clearing of vegetation adjacent to the facility shall be strictly limited to the minimum width necessary for the facility to function for its intended purposes (street tree requirements shall not apply in these areas). Street lighting shall be prohibited in these areas except as necessary to meet State or Federal law; and, c) Appropriate measures shall be taken to promote safe wildlife passage, including the reduction or elimination of curbs, reduced speed limits, and/or signage altering users, and underpasses or culverts. (2) Outdoor recreation uses, provided any building, parking and/or driveways appurtenant to such use are located outside the Habitat Block. a) Within a public park, structures not exceeding 500 square feet gross floor area are permitted. All such structures must be consistent with the adopted management plan for the park, if one exists. (3) Research and educational activities, provided any building or structure (including parking and driveways) appurtenant to such use is located outside the Habitat Block. a) Research and educational structures not exceeding 500 square feet gross floor area, such as seating areas made of natural materials, storage sheds, or climbing structures, may be allowed within a Habitat Block. I. Habitat Block and Habitat Connector Overlay Districts Map. The approval of a modification of a Habitat Block pursuant to Section 12.04D, above, or of the exclusion of an area of land from a Habitat Block pursuant to Section 12.04E, above, shall, without further action, revise the Habitat Block and Habitat Connector Overlay Districts Map accordingly. After the effective date of these regulations, the Habitat Block and Habitat Connector Overlay Districts Map may be revised only once for each Substantially-Habitat Block- Covered lot from which a portion of the land within the Habitat Block has been excluded. J. Habitat and Disturbance Assessment (HDA) (1) Purpose. The Habitat and Disturbance Assessment (HDA) is a tool to inventory and quantify significant wildlife habitat, and the existence of rare, threatened and endangered species (RTEs), within subject properties with Habitat Blocks and Habitat Connectors (Section 12.04 and Section 12.05) where an applicant is seeking to relocate and/or redesignate a portion of the Habitat Block or Habitat Connector. ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS 10 (2) HDA Content Requirements. Where an HDA is required by these regulations, the applicant shall contract with a qualified wildlife biologist or ecologist to prepare the HDA. The HDA prepared for the Development Review Board shall include the following information: (a) Site Conditions Map including all Habitat Blocks and Habitat Connectors on or within 200 feet of the project site. (b) An inventory of existing (pre-development) wildlife habitat found on the site, including the presence of rare, threatened, and/or endangered species and significant wildlife habitat, and an inventory of the specific habitat types found on the parcel and their relative importance to the various wildlife species that rely on that habitat for one or more life-cycle function; (c) An assessment of the relationship of the habitat found on the site relative to other significant wildlife habitat present in the City (e.g., does habitat found on the parcel provide for connectivity between mapped habitat blocks; is the parcel located contiguous to other significant wildlife habitat, or part of a habitat block); (d) Identification of the distance of all proposed development activities (as permitted), including clearing, driveways and infrastructure, and areas of disturbance, from the significant wildlife habitat and, if significant wildlife habitat is proposed to be disturbed, the total area of disturbance and the total area of the remaining (undisturbed) habitat; (e) An assessment of the likely impact of the proposed development, including associated activities (e.g., introduction of domestic pets, operation of vehicles and equipment, exterior lighting, introduction of non-native species for landscaping) on the ecological function of the significant wildlife habitat found on the site. This shall include an assessment of whether travel between Core Habitat Block Areas will be disrupted; and (f) An assessment of the anticipated functionality of the Habitat Block with proposed mitigation measures and a statement identifying specific mitigation measures taken to avoid or minimize the proposed development’s impact on the habitat, including buffers of or from habitat for specific identified species, possible replacement or provisions for substitute habitats that serve a comparable ecological function to the impacted habitat, and/or physical design elements to incorporate into the project. 12.05 Habitat Connector Overlay District A. Purpose. It is the purpose of this Section to maintain the functionality of identified Habitat Connectors, allowing species to travel between identified Habitat Blocks, wetland areas, water bodies, and other natural resources within and adjacent to the City. B. Applicability. The requirements of this Section apply to all areas indicated as “Habitat Connectors” on the Habitat Block and Habitat Connector Overlay Districts Map, except as follows: (1) Lots of less than one (1) acre existing as of the effective date of these Regulations. (2) Land located within 50 feet horizontal distance of a principal building existing on the same parcel as of the effective date of these regulations. ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS 11 C. Standards for Protection of Habitat Connectors. (1) In the locations where a Habitat Connector is indicated on the Habitat Block and Habitat Connector Overlay Districts Map, all lands within a 150-foot-wide area shall be left in an undisturbed, naturally vegetated condition. (2) Hazards or other protected natural resources regulated in Article 12 contiguous to a Habitat Connector may be used to count towards the required 150-foot width of the Habitat Connector. (3) Habitat Connectors shall be subject to the provisions of 12.04(F) Habitat Blocks Standards. (4) Relocation of Mapped Habitat Connector. An applicant may apply to relocate a Habitat Connector from its mapped location on the Habitat Block and Habitat Connector Overlay Districts Map but must connect to Habitat Connectors or Habitat Blocks on adjacent parcels. Any relocated portion shall be accompanied by a restoration plan, prepared by a qualified consultant (e.g., landscape architect, professional wildlife biologist or equivalent). The restoration plan must include a robust planting plan of native tree and shrub species, specific actions to minimize disturbance to any existing vegetation supporting a habitat function, and a maintenance plan to ensure its growth. The restoration plan must design the relocated Habitat Connector to support the movement of mammal species such as fisher, bobcat, river otter, mink and coyote within a period of ten (10) years. (5) Restoration of Habitat Connector. The DRB shall require restoration of a Habitat Connector on parcels where development is proposed and pre-existing conditions consist of Habitat Connectors that are less than 150 feet in width along the entire length of the Habitat Connector. Restoration must include a robust planting plan of native tree and shrub species and specific actions to minimize disturbance to any existing vegetation supporting a habitat function within areas of the Habitat Connector less than 150 feet wide. The applicant may request, in writing, to waive this requirement. The DRB may grant a waiver only if restoration of the Habitat Connector is not possible due the placement of pre-existing structures on the subject parcel. 12.06 Wetland Protection Standards A. Purpose. It is the purpose of this Section to protect the City’s wetland resources in order to protect wetland functions and values related to surface and ground water protection, stormwater treatment, wildlife habitat, and flood control. The City intends to strictly protect Class I wetlands, Class II wetlands, and their respective buffers via the standards of this section. The City also intends to provide protection that offers limited flexibility for larger class III wetlands (over 5,000 square feet in size) and their respective buffers, and for Class II wetlands and their respective buffers in specific identified areas of the City. B. Applicability. All development in the City of South Burlington shall comply with the requirements of this section. The requirements of this Section will apply to all lands described as follows, collectively referred to as Wetlands Areas and Related Buffers: (1) Class I Wetlands and Related Buffers. (a) In all City Center Form- Based Code, Commercial, Industrial and Airport, and Other (Municipal only) zoning districts, as (established and defined in Section 3.01 of these Regulations, all), a Class I wetlands, and their related buffer areas,area is measured one hundred (100) feet in horizontal distance from the boundary of the Class I wetland, are subject to the provisions of this section. (b) Residential Districts and the Park and Recreation Districts. In all Residential and Other (except Municipal, as enumerated in Subsection B(1)(a))) zoning districts, as established and defined in Section 3.01, alla Class I wetlands, and their related buffer areas, is measured two hundred (200) ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS 12 feet in horizontal distance from the boundary of the wetland, are subject to the provisions of this sectionClass I wetland. (2) Class II Wetlands and Related Buffers. (a) In all City Center Form- Based Code, Commercial, Industrial and Airport, and Other (Municipal only) zoning districts, as (established and defined in Section 3.01 of these Regulations, all), a Class II wetlands, and their related buffer areas,area is measured fifty (50) feet in horizontal distance from the boundary of the Class II wetland, are subject to the provisions of this section. (b) In all Residential and Other (except Municipal, as enumerated in Subsection B(2)(a))) zoning districts, as established and defined in Section 3.01, alla Class II wetlands, and their related buffer areas,area is measured one hundred (100) feet in horizontal distance from the boundary of the Class II wetland, are subject toexcept as under (d) below. (b)(c) For lots less than 0.5 acres existing as of November 10, 2021, approved for or containing a single-family or two-family dwelling, the Class II wetlands buffer area is measured fifty (50) feet in horizontal distance from the boundary of the Class II wetland. (3) Class III Wetlands. All Class III wetland areas 5,000 square feet or larger in size, and their related buffer areas, measured fifty (50) feet in horizontal distance from the boundary of the wetland, are subject to the provisions of this section. Class III wetlands less than 5,000 square feet in size are not regulated by the City. C. Application Submittal Requirements. Submittal of a preliminary and/or complete Site Conditions Map (as applicable to the stage of application) pursuant to Appendix E. (1) Per Section 17.08, the DRB may require independent technical review of any field delineation and wetlands report. (2) The applicant’s application may include a wetlands delineation approved by the Vermont Agency of Natural Resources as a part of the State Wetlands Permit. The DRB may defer to this delineation in their review of the application instead of requiring an additional or separate delineation. D. Standards for Wetlands Protection. (1) Class I and Class II Wetlands. Development is generally prohibited within Class I wetlands, Class II wetlands, and their associated buffers. All lands within a Class I wetlands, Class II wetlands, and their associated buffers, shall be left in an undisturbed, naturally vegetated condition. However, an applicant may seek approval for a Restricted Infrastructure Encroachment under this section or to modify this standard per the regulations in Section 12.06(F). (2) Class III Wetlands. Development in a Class III wetland (meeting 5,000 square foot threshold), and associated buffer within all zoning districts, is generally prohibited and shall be left in an undisturbed, naturally vegetated condition. The following activities are permissible, however: (a) An applicant may seek approval for a Restricted Infrastructure Encroachment under this section or to modify this standard where allowable per the regulations in Section 12.06(F). (i) Approved stormwater management systems that do not meet the definition of a Restricted Infrastructure Encroachment may incorporate a Class III wetland and its related buffer. (b) Incidental Impacts. Temporary impacts to a Class III wetland buffer (for wetlands that meeting the 5,000 s.f. threshold) that are incidental to an approved development project are allowed. They are not required to meet the standards in this Section but must be shown on the applicant’s plans. Temporarily ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS 13 impacted Class III wetland buffers shall be returned to their pre-impact state prior to completion of the project. (c) Underground Utilities. Temporary impacts to a Class III wetland (meeting the 5,000 s.f. threshold) or its buffer for the purpose of installing underground utilities are not required to meet the standards in this Section but must be shown on the applicant’s plans. Temporarily impacted Class III wetland and their related buffers shall be returned to their pre-impact state prior to completion of the project. (3) Landscaping and Fencing. Landscaping and/or fencing shall be installed along the outside perimeter of the wetlands buffer to clearly identify and protect wetlands buffer. The DRB may waive this requirement, if petitioned by the applicant, if there is existing forest and/or landscaping along the border of wetland buffer or other clear, existing demarcation. The design and installation of any such landscaping or fencing must accommodate wildlife passage. (4) Pre-existing gardens, landscaped areas/lawns, structures and impervious surfaces. (a) Gardens, landscaped areas/lawns, structures, and impervious surfaces located within a wetlands buffer that were legally in existence as of the effective date of these regulations shall be considered non-conforming development. Non-conforming development within a wetlands buffer, may not be expanded. (5) Restricted Infrastructure Encroachment. Restricted Infrastructure Encroachment may be allowed within Class I, Class II, or Class III wetlands, and their associated buffers, without a waiver or modification provided that the applicant demonstrates the project’s compliance with Section 12.02 and the following supplemental standards: (a) Roadway paved surfaces shall be no wider than necessary for the intended functional road classification for the roadway and in no case shall the roadway paved surfaces be wider than 24 feet; and, (b) Roads that bifurcate a wetland or wetland buffer shall propose appropriate mitigation, such as reduction or elimination of curbing and installation of cross culverts, to enable wildlife passage. E. Exemptions. The following activities are not required to meet the standards in this section and do not require a local permit: (1) Maintenance of pre-existing gardens, landscaped areas/lawns, structures and impervious surfaces. Maintenance of pre-existing gardens, landscaped areas/lawns, structures and impervious surfaces located within a wetlands buffer, and that were legally in existence as of the effective date of these regulations, does not require a permit. (2) Invasive Species, Nuisance Plants, and Noxious Weeds Removal. Hand removal (e.g.., non-motorized or non-mechanized) of invasive species, nuisance plants, and noxious weeds, as identified by the Vermont Agency of Agriculture, Food & Markets, within Class I, Class II, and Class III wetlands, and their associated buffers, is exempt from these regulations. (3) Trails. Establishment and maintenance of unpaved, non-motorized trails, and associate puncheons and boardwalks, not to exceed ten (10) feet in width located within the buffer area of a Class I, Class II or Class III wetland. All trails located within this buffer area should be constructed to meet the best practices outlined in the Recreational Trail Building Guidance document developed by the Vermont Agency of Natural Resources. ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS 14 F. Modifications. (1) Types of Development. An applicant may request a modification, in writing, from the rules of this section for any development in the following areas only: (a) Development in a Class II wetland and associated buffer within the Form- Based Code Zoning Districts. (b) Re-development of a pre-existing gardens, landscaped areas/lawns, public infrastructure, structures, and impervious surfaces within a Class II wetland buffer in any zoning district if, i. The resulting total area of lands within the wetland buffer that will be in a naturally vegetated condition is increased; provided the relocated area is of equal or smaller size. ii. The applicant submits an evidence-based professional opinion by a wetland scientist that the re-development will have a net positive effect on the health and functioning of the wetland; and,. iii. The project results in no increase in total impervious surface within the Class II wetland buffer. (b)(c) Installation of low-impact development stormwater practices consistent with wetland functions and plantings with a Class II or Class III wetland buffer. (c) Development in a Class III wetland exceeding 5,000 square feet in area and associated buffer within all zoning districts. (2) Modification Review Process. Modification requests shall be reviewed as follows: (a) In the City Center Form Based Code District, the Administrative Officer shall have the authority to review and approve all modification applications as a part of an administrative Site Plan application. (b) In all other zoning districts, the Development Review Board shall have the authority to review and approve all modification applications. (2)(3) Modification Standards. The Development Review Board or the Administrative Officer, as applicable, may grant a modification from the rules of this Section only if a modification application meets all of the following standards: (a) The modification shall be the minimum required to accommodate the proposed development; (b) The proposed development will not have an undue adverse effect on the planned character of the area, as defined by the purpose statement of the zoning district within which the project is located, or on public health and safety; (c) The proposed development will not have an undue adverse effect on the ability of the property to adequately treat stormwater from the site; and, (d) The proposed development will not have an undue adverse effect upon specific wetland functions and values identified in the field delineation. 12.07 River Corridor Overlay District (RCO) A. Purpose. It is the purpose of the River Corridor Overlay District to: ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS 15 (1) Establish protection of the river corridor to provide rivers and streams with the lateral space necessary to maintain or reestablish floodplain access and minimize erosion hazards through natural, physical processes; (2) Allow for wise use of property within river corridors that minimizes potential damage to existing structures and development from flood-related erosion; (3) Discourage encroachments in undeveloped river corridors; (4) Protect and improve the quality of surface waters and streams within the City of South Burlington; (5) Provide sufficient space for wildlife habitat along rivers and streams; and, (6) Provide allowances for infill and redevelopment of designated centers that are within river corridors. B. Authority. In accordance with 24 V.S.A. Chapter 117, §4424, and §4414, there is hereby established a bylaw for areas at risk of erosion damage in the City of South Burlington Vermont. These regulations shall apply to development in all areas in the City of South Burlington identified as within the River Corridor Overlay District designated in Section 3.01(B). C. Comprehensive Plan. These regulations hereby implement the relevant portions of the City of South Burlington's adopted Comprehensive Plan and are in accord with the policies set forth therein. D. Warning of Disclaimer of Liability. This bylaw does not imply that land outside of the areas covered by this overlay district will be free from erosion damages. This regulation shall not create liability on the part of the City of South Burlington, or any municipal official or employee thereof, for any erosion damages that result from reliance on this regulation, or any administrative decision lawfully made hereunder. E. Precedence of Bylaw. The provisions of this River Corridor Overlay District shall not in any way impair or remove the necessity of compliance with any other local, state, or federal laws or regulations. Where this regulation imposes a greater restriction, the provisions in these regulations shall take precedence. F. District General Provisions. (1) Establishment of RCO District. The RCO is an overlay district. All other requirements of the underlying district, or another overlay district such as the Flood Hazard Overlay District, shall apply in addition to the provisions herein, unless it is otherwise so indicated. If there is a conflict with another such district, the stricter provision shall apply. (2) RCO District Boundaries. The boundaries of the RCO District are as follows: (a) All River Corridors as published by the Vermont Agency of Natural Resources (including the Statewide River Corridors and refinements to that data based on field-based assessments which are hereby adopted by reference). (b) All land within one hundred (100) feet horizontal of the top of bank or top of slope, whichever is applicable given the stream’s fluvial geomorphology, along the reaches of the main stem of Potash ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS 16 Brook where a mapped River Corridor has not been developed by the Vermont Agency of Natural Resources. (c) All land within fifty (50) feet horizontal distance from the top of bank or top of slope, whichever is applicable given the stream’s fluvial geomorphology, of all other perennial rivers and streams. (d) All land within ten (10) feet horizontal distance from the top of the bank or top of slope of a natural intermittent stream, whichever is applicable given the stream’s fluvial geomorphology. (e) Requests to update a River Corridor map shall be in accordance with the procedure laid out in the ANR Flood Hazard Area and River Corridor Protection Procedure. (3) RCO District – Classification. River Corridors shall be classified in the following manner per Section 12.01: a. River Corridors on Intermittent Streams. River Corridors on intermittent streams are Level II Resources. b. All Other River Corridors. River Corridors on all other streams are Hazards. (4) Jurisdictional Determination and Interpretation. The information presented on any maps, or contained in any studies, adopted by reference, is presumed accurate. If uncertainty exists with respect to the boundaries of the RCO the location of the boundary on the property shall be determined by the Administrative Officer (AO). If the applicant disagrees with the determination made by the AO or the river corridor as mapped, the applicant has the option to either: (a) Hire a licensed land surveyor or registered professional engineer to stake out the RCO boundary on the property; or (b) Request a letter of determination from ANR which shall constitute proof of the location of the river corridor boundary. In support of a letter of determination request, applicants must provide ANR a description of the physical characteristics that bring the river corridor delineation into question (e.g. the presence of bedrock or other features that may confine lateral river channel adjustment. When ANR receives a request for a letter of determination, ANR evaluates the site and existing data to see if a change to the river corridor delineation is justified, necessitating a river corridor map update. An ANR letter of determination will either confirm the existing river corridor delineation or will result in an update to the river corridor delineation for the area in question. If a map update is justified, an updated map will be provided with the letter of determination. G. Prohibited, Exempted, and Permitted Development in River Corridors (1) Prohibited Development in the RCO District. The following types of development are prohibited in the RCO District: (a) All development, including new structures, structure additions, fill, accessory dwelling units, and any other development that is not expressly listed as at least one of the Exempted Activities or Permitted Development as described below; (b) Creation of new lawn or landscaped areas; and (c) Snow storage areas. (2) Exempted Activities. The following activities do not require a permit under this section of the bylaw: ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS 17 (a) The removal of a building or other improvement in whole or in part, so long as the ground elevations under and adjacent to the removed structure remain unchanged. (b) Any changes, maintenance, repairs, or renovations to a structure that will not result in a change to the footprint of the structure or a change in use. (c) Maintenance of existing sidewalks, roads, parking areas, or stormwater drainage; this does not include expansions. (d) Maintenance of existing bridges, culverts, and channel stabilization activities; this does not include expansions. (e) Construction or repair of stream crossing structures (bridges and culverts), associated transportation and utility networks (new transportation or utility development that runs parallel to the river is not exempt and shall meet the Development Standards in Section 12.07(I) below), dams, dry hydrants, and other functionally dependent uses that must be placed in or over rivers and streams that are not located in a flood hazard area and that have coverage under a Stream Alteration Permit, if required, under 10 V.S.A. Chapter 41 and the rules adopted thereunder. (f) Activities exempt from municipal regulation and requiring a permit under the State’s “Vermont Flood Hazard Area and River Corridor Rule” (Environmental Protection Rule, Chapter 29): (i) State-owned and operated institutions and facilities. (ii) Forestry operations or silvicultural (forestry) activities conducted in accordance with the Vermont Department of Forests and Parks Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont or other accepted silvicultural practices, as defined by the Commissioner of Forests, Parks and Recreation. (iii) Agricultural activities conducted in accordance with the Vermont Agency of Agriculture, Food and Market’s Required Agricultural Practices (RAPs). Prior to the construction of farm structures, the farmer shall notify the AO in writing of the proposed activity. The notice shall contain a sketch of the proposed structure including setbacks. (iv) Public utility power generating plants and transmission facilities regulated under 30 V.S.A. § 248. (v) Telecommunications facilities regulated under 30 V.S.A. § 248a. (g) Planting projects which do not include any construction or grading activities in accordance with 24 V.S.A. § 4424(c). (h) Subdivision of land that does not involve or authorize development. (i) Establishment and maintenance of unpaved, non-motorized trails and puncheons not to exceed ten (10) feet in width. (j) Maintenance of Existing Gardens, Lawns, Driveways, and other public infrastructure. Maintenance of existing gardens, landscaped areas/lawns, driveways and other public infrastructure within the River Corridor in existence as of the effective date of these regulations. (k) Invasive Species, Nuisance Plants, and Noxious Weeds Removal. The removal of invasive species, nuisance plants, and noxious weeds, as identified by the Vermont Agency of Agriculture, Food & Markets, within the River Corridor is an exempt from these regulations. (3) Permitted Development. The following development activities in the RCO District are permissible upon approval, provided they meet all other requirements of the LDRs and the standards of this section. ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS 18 (a) Encroachments necessary to repair damage from a Federally-declared disaster and necessary for the protection of the public health, safety and welfare. (b) Restricted Infrastructure Encroachment, upon demonstration of compliance with Section 12.02 and the standards of this section. (c) Replacement of on-site septic systems. H. Development Review Classification & Referral to Outside Agencies (1) All land development proposed in the River Corridor is subject to review standards outlined in Section 12.01(D). (2) Referrals to outside agencies (a) Upon receipt of a complete application for development in the River Corridor, the Administrative Officer shall submit a copy of the application and supporting information to the State National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural Resources, in accordance with 24 V.S.A. § 4424. A permit may be issued only following receipt of comments from the Agency, or the expiration of 30 days from the date the application was mailed to the Agency, whichever is sooner. The AO and DRB shall consider all comments from ANR. (b) If the applicant is seeking a permit for the alteration or relocation of a watercourse, copies of the application shall also be provided to the following entities: affected adjacent communities, the River Management Engineer at the Vermont Agency of Natural Resources, the Army Corps of Engineers, and the State National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural Resources, Department of Environmental Conservation. A permit may be issued only following receipt of comments from the Vermont Agency of Natural Resources, or the expiration of 30 days from the date the application was mailed to the Vermont Agency of Natural Resources, whichever is sooner. I. Development Standards. The criteria below are the minimum standards for development in the RCO District. (1) New development in the River Corridor, including the creation of new lawn areas, is generally prohibited. (2) Natural Vegetation Requirement. All lands within the River Corridor must be left in an undisturbed, naturally vegetated condition. The clearing of trees and other vegetation is generally prohibited. This standard also does not apply to forestry operations or silvicultural (forestry) activities exempt from local zoning regulation or the removal of trees that are dead, diseased, heavily damaged by ice storms or other natural events, or identified as an invasive species. The placing or storing of cut or cleared trees and other vegetation is also prohibited. (a) Pre-existing Non-conforming Lawn Areas. The following section pertains the applications for new development on lots with pre-existing non-conforming lawn areas located within the River Corridor. (i) Single-Household Dwelling and Two-Household Dwelling Land Uses. Development on lots with existing single or two-household dwelling uses, and pre-existing non-conforming lawn areas in the River Corridor, shall not be required to brought into conformance with the natural vegetation requirement in these regulations. ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS 19 (ii) All Other Land Uses. Development on lots with any other land use (beside a single or two- household dwelling), and that also includes pre-existing non-conforming lawn areas in the River Corridor, shall only be approved if the applicant removes at least 50% of the pre- existing non-conforming lawn area within the River Corridor and completes site remediation. Site remediation shall include re-seeding the subject area with a naturalized mix of grasses rather than standard lawn grass and returning the area to a natural state (no mowing). (3) Restricted Infrastructure Encroachment. Restricted Infrastructure Encroachment may be allowed in the River Corridor provided the proposed land development conforms with the following standards: (a) The facility shall comply with the standards in Section 12.02; (b) The facility must be located at least twenty five (25) feet from the edge of the channel of the surface water for all water bodies listed in Section 12.07(F)(2)(b) above and ten (10) feet from the edge of channel of the surface water of all other streams. This standard shall not apply to the intake of municipal or community water system, or the outfall of a municipal wastewater treatment or stormwater treatment projects, all of which are functionally dependent upon access to surface waters. This standard shall also not apply to road crossings, driveway crossings, public sidewalks and recreation paths (including bridges and boardwalks) intended to connect parcels and neighborhoods, or provide recreational opportunities, approved under Section 12.02; (c) Stream crossings shall provide sufficient space for the passage of small amphibian and mammalian wildlife typical to the environment in water and on land beneath the structure; and, (d) The facility shall comply with Section 12.07(I)(5). (4) Landscaping and Fencing. Landscaping and/or fencing shall be installed along the perimeter of the outside of the River Corridor to clearly identify and protect the River Corridor. The DRB may waive this requirement, if petitioned by the applicant, if there is existing forest and/or landscaping along the border of the River Corridor. The design and installation of any such landscaping or fencing must accommodate wildlife passage. (5) All land development in the River Corridor shall also comply with the following standards: (a) Within Designated Centers. Development within Vermont designated centers shall be only allowed within the River Corridor if the applicant can demonstrate that the proposed development will not be any closer to the river than existing adjacent development. (b) Outside Designated Centers. Development outside of designated centers shall meet the following criteria: i.Infill Development. Infill development must be located no closer to the channel than the adjacent existing principal buildings, within a gap that is no more than 300 feet (see Figure 1); or, ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS 20 ii.Down River Shadow. Development shall be located in the shadow area directly behind and further from the channel than the existing structure, or within 50 feet of the downstream side of the existing habitable structure and no closer to the top of bank or slope, as applicable. Below-ground utilities may also be placed within the same shadow dimensions of an existing below-ground system (see Figure 2); or, iii.River Corridor Performance Standard. The proposed development shall: (a) not be placed on land with a history of fluvial erosion damage or that is imminently threatened by fluvial erosion; and, (b) not cause the river reach to depart from, or further depart from, the channel width, depth, meander pattern or slope associated with natural stream processes and equilibrium conditions; and, (c) not result in an immediate need or anticipated future need for stream channelization that would increase flood elevations and velocities or alter the sediment regime, triggering channel adjustments and erosion in adjacent and downstream locations. (d) In making its determination, the DRB may request or consider additional information to determine if the proposal meets the River Corridor Performance Standard, including a description of why the criteria for infill development above cannot be met, data and analysis Figure 1: In-fill Development Standard Figure 2: Shadow Area Development Standard ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS 21 from a consultant qualified in the evaluation of river dynamics and erosion hazards, and comments provided by the DEC Regional Floodplain Manager on whether the proposal meets the River Corridor Performance Standard. J. Submission Requirements. In addition to all information required for permitted development, the application shall include: (1) Plan. A plan that depicts the proposed development, all water bodies, all River Corridor Overlay District boundaries, the shortest horizontal distance from the proposed development to the top of bank (and/or top of slope, if applicable) of any river, any existing and proposed drainage, any proposed fill, pre- and post-development grades, and the elevation of the proposed lowest floor as referenced to the same vertical datum as the elevation on the current Flood Insurance Rate Maps; (2) Supplemental Application Requirements. (a) Information clearly demonstrating how the proposed development meets the requirements for infill development and certain non-habitable and accessory structures in subsection 12.07(I) Development Standards above; or (b) A narrative and supporting technical information from a qualified consultant that demonstrates how the proposal meets the River Corridor Performance Standard in subsection 12.07(I) Development Standards above, or (c) Evidence of an approved major or minor map update issued by ANR in accordance with the process outlined in the DEC Flood Hazard Area & River Corridor Protection Procedure, finding the proposed development is not located within the river corridor. (3) Waivers. Upon written request from the applicant, the Administrative Officer or DRB may waive specific application requirements when the data or information is not needed to comply with Section 12.07 of this bylaw. K. Permit Conditions (1) Permits for public water accesses and unimproved paths that provide access to the water for the general public and promote the public trust uses of the water shall include a condition prohibiting the permittee from actively managing the applicable section of river solely to protect the public water access from lateral river channel adjustment. (2) The DRB may require mitigation, such as reduction or elimination of curbing to promote wildlife passage for any Restricted Infrastructure Encroachment projects approved within the River Corridor. 12.08 Floodplain Overlay District (FP) A. Purpose. It is the purpose of the Floodplain Overlay District to: (1) Avoid and minimize the loss of life and property, the disruption of commerce, the impairment of the tax base, and the extraordinary public expenditures and demands on public services that result from flooding; (2) Ensure that the selection, design, creation, and use of development is reasonably safe and accomplished in a manner that is consistent with public wellbeing, does not impair flood plain services or the stream corridor; ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS 22 (3) Manage the flood hazard area designated pursuant to 10 V.S.A. Chapter 32 § 753, the municipal hazard mitigation plan; and make the City of South Burlington, its citizens, and businesses eligible for federal flood insurance, federal disaster recovery funds, and hazard mitigation funds as may be available. B. Authority. In accordance with 10 V.S.A. Chapter 32, and 24 V.S.A. Chapter 117 §4424, §4411 and §4414, there is hereby established a bylaw for areas at risk of flood damage in the City of South Burlington Vermont. These regulations shall apply to development in all areas in the City of South Burlington identified as within the Floodplain Overlay District designated in Section 3.01(B). C. [reserved] D. Administration (1) Floodplain Review. All development in the City of South Burlington located within the Floodplain Overlay District shall be subject to Floodplain Review. The Floodplain Overlay District overlays other existing zoning districts. All other requirements of the underlying district shall apply in addition to the provisions herein, unless otherwise indicated. The Floodplain Overlay District is composed of two areas: (a) Floodplain Overlay District Zones A, AE, and A1-30. The boundaries of these Zones include those areas of special flood hazard designated in and on the most current flood insurance studies and maps published by the Department of Homeland Security, Federal Emergency Management Agency, National Flood Insurance Program and mapped as Zones A, AE, or A1- 30. (b) Floodplain Overlay District Zones 0.2% B1 and B2. The boundaries of these Zones include those areas of special flood hazard designated in and on the most current flood insurance studies and maps published by the Department of Homeland Security, Federal Emergency Management Agency, National Flood Insurance Program, and as depicted on the Natural Resources Map as Zone 0.2% B1 and Zone 0.2% B2. Floodplain Overlay District Zone 0.2% B1 is composed of areas of the 500-year floodplain that are already substantially developed and where additional opportunities for infill development is appropriate. Floodplain Overlay District Zone 0.2% B2 is composed of areas of the 500-year floodplain that are not developed and where future development is not appropriate. (2) Interpretation. The information presented on any maps, or contained in any studies, adopted by reference, is presumed accurate. However, if uncertainty exists regarding the Floodplain Overlay District boundary, the following procedure shall be followed: a. If uncertainty exists with respect to the boundaries of the Floodplain Overlay District Zones A, AE, and A1-30 the location of the boundary shall be determined by the Administrative Officer. If the applicant disagrees with the determination made by the Administrative Officer, a Letter of Map Amendment from FEMA shall constitute proof that the property is not located within the Special Flood Hazard Area. b. If uncertainty exists with respect to the boundaries of the Floodplain Overlay District Zones 0.2% B1 and B2 the location of the boundary shall be determined by the Administrative Officer. If the applicant disagrees with the determination made by the Administrative Officer, the applicant may appeal the determination in accordance with Article 17. (3) Base Flood Elevations and Floodway Limits. ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS 23 a. Where available (i.e. zones A1-A30, AE, AH, and 0.2% B1 within the floodplain of the Winooski River), the base flood elevations and floodway limits (or data from which a community can designate regulatory floodway limits) provided by the National Flood Insurance Program in the Flood Insurance Study and accompanying maps shall be used to administer and enforce the provisions of these regulations. b. In Zone A of the Floodplain Overlay District where base flood elevations and floodway limits have not been provided by the National Flood Insurance Program in the Flood Insurance Study and accompanying maps, it shall be the responsibility of the applicant to develop the base flood elevation at the site using data available from state or federal agencies or other sources. (4) Warning of Disclaimer of Liability. This bylaw does not imply that land outside of the areas covered by this overlay district will be free from flood damages. These regulations shall not create liability on the part of the City of South Burlington, or any municipal official or employee thereof, for any flood damages that result from reliance on these regulations, or any administrative decision lawfully made hereunder. (5) Precedence of Bylaw. The provisions of this Floodplain Overlay District shall not in any way impair or remove the necessity of compliance with any other local, state, or federal laws or regulations. Where these regulations imposes a greater restriction the provisions here shall take precedence. (6) Exempted Development. The following types of development are exempt from Floodplain Review. The following types of development may also still be subject to other standards in the South Burlington Land Development Regulations including Section 12.07: (a) The removal of a building or other improvement in whole or in part, so long as the ground elevations under and adjacent to the removed structure remain unchanged. Please be aware that for damaged structures where FEMA mitigation funds may be used, the damaged structure may be required to remain in place until funds are granted. (b) Routine maintenance of existing buildings in the usual course of business required or undertaken to conserve the original condition, while compensating for normal wear and tear. (c) Routine maintenance includes actions necessary for retaining or restoring a piece of equipment, machine, or system to the specified operable condition to achieve its maximum useful life and does not include expansions or improvements to development. (d) Interior improvements to existing buildings that cost less than five-hundred (500) dollars. (e) Maintenance of existing sidewalks, roads, parking areas, or stormwater drainage; this does not include expansions. (f) Maintenance of existing bridges, culverts, and channel stabilization activities; this does not include expansions. (g) Streambank armoring and stabilization, retaining walls, and abutment work that do not reduce the cross-sectional flow area of the river or stream channel and have coverage under a Stream Alteration Permit, if required, under 10 V.S.A. Chapter 41 and the rules adopted thereunder. (h) The following activities are exempt from Floodplain Review, but may require a permit under the State’s “Vermont Flood Hazard Area and River Corridor Rule” (Environmental Protection Rule, Chapter 29): i. State-owned and operated institutions and facilities. ii. Forestry operations and silvicultural (forestry) activities conducted in accordance with the Vermont Department of Forests and Parks Acceptable Management Practices for ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS 24 Maintaining Water Quality on Logging Jobs in Vermont or other accepted silvicultural practices, as defined by the Commissioner of Forests, Parks and Recreation. iii. Agricultural activities conducted in accordance with the Vermont Agency of Agriculture Food and Market’s Required Agricultural Practices (RAPs). iv. Public utility power generating plants and transmission facilities regulated under 30 V.S.A. § 248. (i) Telecommunications facilities regulated under 30 V.S.A. § 248a. Planting projects which do not include any construction or grading activities in accordance with 24 V.S.A. § 4424(c). E. Floodplain Review Application Requirements (1) Application Submission Requirements. All applications for Floodplain Review shall include: (a) Floodplain Development Plan. A Floodplain Development Plan that depicts the proposed development, property boundaries, all water bodies, all boundaries (Floodplain Overlay District boundaries – all zones), the shortest horizontal distance from the proposed development to the top of bank of any river, any existing and proposed drainage, any proposed fill, pre- and post-development grades, and the elevation of the proposed lowest floor as referenced to the same vertical datum as the elevation on the current Flood Insurance Rate Maps; and (b) Project Review Sheet. A completed Vermont Agency of Natural Resources Project Review Sheet. The Project Review Sheet shall identify all State and Federal agencies from which permit approval is required for the proposal, and shall be filed as a required attachment to the municipal permit application. The identified permits, or letters indicating that such permits are not required, shall be submitted to the Administrative Officer and attached to the permit before work can begin. (2) Supplemental Application Requirements. Some applications may require additional information based on the location and type of the development. The following information shall be developed and provided with an application, as required below: (a) Base Flood Elevation (BFE). BFE information is required for applications that include the following development located in Zones A, A1-A30, AE, AH, and 0.2% B1 within the floodplain of the Winooski River: i. New, substantially improved, or substantially damaged structures; ii. Projects requiring elevation or dry-floodproofing above BFE; iii. Additions to existing historic structures; and iv. Any accessory structure proposed to have building utility systems that will need to be protected from flood waters through elevation above the BFE. (b) Floodway Data. The following information is required for development proposed to be located in the floodway. All floodway data shall be certified by a registered professional engineer. All submitted proposals shall include electronic input/output files mapping showing cross-section locations and the following information: i. Hydraulic calculations demonstrating no rise in BFE or velocity for proposed new or expanded encroachments within the floodway. ii. In accordance with 44 C.F.R. § 60.3(c)(10), where BFE data has been provided by FEMA, but no floodway areas have been designated, the applicant shall provide a floodway delineation that demonstrates that the proposed development, when combined with all existing and anticipated future development, will not increase the ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS 25 water surface elevation of the base flood by more than one foot at any point within the community. (c) Average Grade Level. Information about average grade level is required for development involving all structures proposed to be located in Zone 0.2% B1 and Zone 0.2% B2. (d) Erosion Control Projects. For projects involving erosion control measures within the floodplain on Lake Champlain, the applicant shall submit: i. Renderings or other additional information relevant and necessary to evaluating the aesthetic or visual impact of the proposed improvement. ii. A landscaping plan. (3) Waivers. Upon written request from the applicant, the Development Review Board may waive specific application requirements when the data or information is not needed to comply with these regulations. F. Floodplain Review - Development Review Process. All applications for development in the Floodplain Overlay District shall be reviewed according to the following procedures: (1) Referrals. (a) NFIP Coordinator. Upon receipt of a complete Floodplain Review application for a substantial improvement or new construction the Administrative Officer shall forward a copy of the application and supporting information to the State National Flood Insurance Program Coordinator at the Vermont Agency of Natural Resources, in accordance with 24 V.S.A. 4424. A permit may be issued only following receipt of comments from the Agency, or the expiration of 30 days from the date the application was mailed to the Agency, whichever is sooner. The Administrative Officer, and/or Development Review Board shall consider all comments from ANR. (b) Stream Alteration Engineer. If the applicant is seeking a permit for the alteration or relocation of a watercourse, copies of the application shall also be submitted to the adjacent communities, the Stream Alteration Engineer at the Vermont Agency of Natural Resources, and the Army Corps of Engineers. Copies of such notice shall be provided to the State National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural Resources, Department of Environmental Conservation. A permit may be issued only following receipt of comments from the Vermont Agency of Natural Resources, or the expiration of 30 days from the date the application was mailed to the Vermont Agency of Natural Resources, whichever is sooner. (2) Review Process. (a) Administrative Review. Floodplain Review may be completed administratively by the Administrative Officer for the following types of development in the Floodplain Overlay District provided that the application is complete and the proposed development can be approved administratively under all other sections of the South Burlington Land Development Regulations: i. Changes from a permitted land use to another permitted land use provided that any other changes to the site may also be administratively reviewed. ii. Above grade development, which has not been elevated by the placement of fill, that is two feet above base flood elevation and documented with field-surveyed topographic information certified by a registered professional engineer or licensed land surveyor (Elevation Certificate). ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS 26 iii. Open fencing and signs elevated on poles or posts that create minimal resistance to the movement of floodwater. iv. Municipal transportation infrastructure improvements designed and constructed by the Vermont Agency of Transportation that have written confirmation from the ANR Regional Floodplain Manager that the project is designed to meet or exceed the applicable standards in these regulations. v. River and floodplain restoration projects, including dam removal, that restore natural and beneficial floodplain functions and include written confirmation from the ANR Regional Floodplain Manager that the project is designed to meet or exceed the applicable standards in these regulations. vi. Improvements or repairs of damage to structures that do not expand the existing footprint and do not meet the definition of “substantial improvement” or “substantial damage.” vii. Accessory structures less than 500 square feet in size in the Floodplain Overlay District Zones 0.2% B1. viii. Building utilities. ix. Recreational vehicles. See Section 3.08 Temporary Structures and Uses for additional applicable standards. (b) Development Review. All development in the Floodplain Overlay District that cannot be approved through administrative Floodplain Review shall require Floodplain Review by the Development Review Board. (3) Permits. A permit is required from the Administrative Officer for all development, as defined in Section 2.03 (Floodplain Definitions), in the Floodplain Overlay District. A permit shall only be issued for development meeting the standards in Section 12.08(G) and the following the review process outlined in Section 12.08(F) and Article 17. (a) Within 30 days of receipt of a complete application per Section 12.08(E), including all application materials and fees, the Administrative Officer shall act to either issue or deny a permit in writing, or to refer the application to the Development Review Board. If the Administrative Officer fails to act with regard to a complete application for a permit within the 30-day period, a permit shall be deemed issued on the 31st day, unless the permit is for new construction or substantial improvement, in which case a permit shall not be issued until the Administrative Officer has complied with the requirements of Section 12.08(F)(1)). (b) No zoning permit shall be issued by the Administrative Officer for any use or structure which requires the approval of the Development Review Board until such approval has been obtained. For permit applications that must be referred to a state agency for review, no permit shall be issued until a response has been received from the State, or the expiration of 30 days following the submission of the application to the State, whichever is sooner. G. Floodplain Review Standards. Development in the Floodplain Overlay District shall be reviewed to ensure that it complies with the following standards: (1) Prohibited Development. In addition to any uses not specifically listed in this section, the following types of development are specifically prohibited in the Floodplain Overlay District: (a) New principal structures, both residential or non-residential (including the placement of manufactured homes), except within Zone 0.2% B1 of the Floodway Overlay District; ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS 27 (b) New accessory structures except within the Zone 0.2% B1 of the Floodplain Overlay District. (c) New critical facilities; (d) Excavation of earth products shall be prohibited in such cases where it is anticipated that such excavation will lower the level of the water table, interfere with natural flow patterns, or reduce flood storage capacity; (e) Storage or junk yards; (f) New fill except as necessary to elevate structures above the base flood elevation. (g) Within the floodway: new encroachments, except for minor improvements to existing structures or relating to bridges, culverts, roads, stabilization projects, public utilities, river and/or floodplain restoration projects, or health and safety measures. Minor improvements are those that would not affect base flood elevations, consistent with the provisions of FEMA P-480; Desk Reference for Local Officials. (2) Development in the Floodway. Within the floodway, the following standards apply to all development: (a) New encroachments are prohibited within the floodway, except for the following, which also shall comply with subsection (b) below: i. New encroachments relating to bridges, culverts, roads, stabilization projects, public utilities, functionally dependent uses, and river or floodplain restoration projects; and ii. New encroachments relating to health and safety measures, such as replacement of preexisting on-site septic and water supply systems, if no other practicable alternative is available. (b) For all proposed new encroachments and above-grade development, a hydraulic analysis is required to be provided for review. The analysis should be performed in accordance with standard engineering practice, by a registered professional engineer, and shall certify that the proposed development will: i. Not result in any increase in flood levels during the occurrence of the base flood; ii. Not increase base flood velocities; and iii. Not increase any risk to surrounding properties, facilities, or structures from erosion or flooding. (c) For development that is either below grade or will not result in any change in grade, the hydrologic & hydraulic analyses may be waived, where the applicant will provide pre and post- development elevations demonstrating that there will be no change in grade, and that the development will be adequately protected from scour. (d) For any new encroachment that is proposed within the Floodway where a hydraulic analysis is required, the applicant may provide a FEMA Conditional Letter of Map Revision (CLOMR) in lieu of a hydraulic analysis, to demonstrate that the proposed activity will not have an adverse impact. (3) Development in the Floodplain Overlay District. All development in the Floodplain Overlay District shall comply with the following standards: (a) All development shall be reasonably safe from flooding, as determined by compliance with the specific standards of this subsection. ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS 28 (b) All development shall be designed (I) to minimize flood damage to the proposed development and to public facilities and utilities, and (II) to provide adequate drainage to reduce exposure to flood hazards. (c) All development shall be (I) designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure during the occurrence of the base flood, (II) be constructed with materials resistant to flood damage, (III) be constructed by methods and practices that minimize flood damage, and (IV) be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (d) Water Supply and Wastewater. New and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (e) Stream Alteration. The flood carrying capacity within any portion of an altered or relocated watercourse shall be maintained. (f) Manufactured Homes. Replacement manufactured homes shall be elevated on properly compacted fill such that the top of the fill (pad) under the entire manufactured home is above the base flood elevation. (g) Structures. i. Residential Structures a) Residential structures to be substantially improved in Floodplain Overlay District Zones A, A1-30, AE, and AH shall be located such that the lowest floor is at least two (2) feet above base flood elevation; this must be documented, in the proposed and as-built condition, with a FEMA Elevation Certificate. b) Residential structures to be substantially improved in Floodplain Overlay District 0.2% Zones B1 & B2, and new structures in Floodplain Overlay District Zone 0.2% B1, shall be located such that the lowest floor is at least two (2) feet above the average grade level on-site; this must be documented, in the proposed and as-built condition, with a FEMA Elevation Certificate. Average grade level means the average of the natural or exiting topography at center of all exterior walls of a building or structure to be placed on site. ii. Non-residential Structures. Non-residential structures to be substantially improved, and new non-residential structures in the Floodplain Overlay District 0.2% Zone B1, shall meet the following standards: a) Meet the standards in Section 12.08(G)(3)(g)(i) Residential Structures; or, b) Have the lowest floor, including basement, together with attendant utility and sanitary facilities be designed so that two (2) feet above the base flood elevation (for structures in Zones A, A1-30, AE, and AH), or two (2) feet above the average grade level on-site (for structures in Zones 0.2% B1 and B2), the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A permit for flood proofing shall not be issued until a licensed professional engineer or architect has reviewed the structural design, specifications and plans, and has certified that the design and proposed methods of construction are in accordance with accepted standards of practice for meeting the provisions of this subsection. An occupancy permit for the structure shall not be issued until an "as-built" plan has been ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS 29 submitted and a licensed professional engineer or architect has certified that the structure has been constructed in accordance with accepted standards of practice for meeting the provisions of this subsection. (h) Basements. For all new construction and substantial improvements, fully enclosed areas below grade on all sides (including below grade crawlspaces and basements) shall be prohibited. Substantial improvements to existing buildings requires compliance with this section. (i) Areas Below Base Flood Elevation. For all new construction and substantial improvements, fully enclosed areas that are above grade, below the lowest floor, below Base Flood Elevation and subject to flooding, shall be (i) solely used for parking of vehicles, storage, or access, and such a condition shall clearly be stated on any permits; and, (ii) designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Such designs must be certified by a licensed professional engineer or architect, or meet or exceed the following minimum criteria: A minimum of two openings on two walls having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (j) Impact to Base Flood Elevation. In the AE Zone, where base flood elevations and/or floodway limits have not been determined, development shall not be permitted unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated encroachment, will not increase the base flood elevation more than one (1) foot at any point within the community. The demonstration must be supported by technical data that conforms to standard hydraulic engineering principles and certified by a licensed professional engineer. (k) Recreational Vehicle. All recreational vehicles shall be fully licensed and ready for highway use. (l) Accessory Structures. In Floodplain Overlay District 0.2% Zone B1, a small accessory structure of 500 square feet or less in gross floor area that represents a minimal investment need not be elevated to the base flood elevation in this area, provided the structure is placed on a site so as to offer the minimum resistance to the flow of floodwaters and shall meet the criteria of 12.08(G)(3)(i). Accessory structures are prohibited in all other parts of the Floodplain Overlay District. (m) Critical Facilities. Critical facilities that are to be replaced, substantially improved, or meet the definition of substantial damage shall be constructed so that the lowest floor, including basement, shall be elevated or dry-floodproofed at least two (2) feet above the average grade level in Floodplain Overlay District 0.2% Zone B1 and Floodplain Overlay District 0.2% Zone B2, or three (3) feet above base flood elevation in Floodplain Overlay District Zones A, AE, and A1- 30. A critical facility shall have at least one access road connected to land outside the 0.2% annual chance floodplain that is capable of accommodating emergency services vehicles. The top of the access road shall be no lower than the elevation of the 0.2% annual chance flood event. ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS 30 (n) Historic Structures. For historic structures that would meet the definition of substantial improvement or substantial damage if not for their historic structure designation, the improved or repaired building shall meet the following mitigation performance standards for areas below the base flood elevation: i. Utility connections (e.g., electricity, water, sewer, natural gas) shall be protected from inundation and scour or be easily repaired; ii. The building foundation shall be structurally sound and reinforced to withstand a base flood event; iii. The structure’s historic designation shall not be precluded; iv. The likelihood of flood waters entering the structure during the base flood is reduced; and v. There shall be no expansion of uses below base flood elevation except for parking, storage, building access, or, in the case of non-residential buildings, where the space is dry floodproofed. (o) No Rise Requirement. No encroachment, including fill, new construction, substantial improvement, or other development, that would result in any increase in flood levels within the regulatory floodway during the occurrence of the base flood discharge, shall be permitted unless hydrologic and hydraulic analyses are performed in accordance with standard engineering practice, by a licensed professional engineer, certifying that the proposed development will: a) Not result in any increase in flood levels (0.00 feet) during the occurrence of the base flood; and b) Not increase any risk to surrounding properties, facilities, or structures from erosion or flooding. (p) Erosion Control Measures on Lake Champlain. The installation of erosion control measures within may be approved by the DRB provided the following standards are met: i. The improvement involves, to the greatest extent possible, the use of natural materials such as wood and stone. ii. The improvement will not increase the potential for erosion. iii. The project will not have an undue adverse effect on the aesthetic integrity of the lakeshore. iv. The project shall preserve, maintain and supplement existing trees and ground cover vegetation to the greatest extent possible. (4) Other Applicable Standards. Development in the Floodplain Overlay District may be subject to these additional standards: a. All land lying within a River Corridor as defined in these regulations is subject to the standards of Section 12.07 in addition to the standards of this section. H. Nonconforming Structures. (1) A nonconforming structure in the Floodplain Overlay District that has been substantially damaged or destroyed may be reconstructed in its original location only if it is rebuilt to comply with all requirements of the National Flood Insurance Program and these regulations; (2) Nonconforming structures and uses shall be considered abandoned where the structures or uses are discontinued for more than 6 months. An abandoned structure shall not be permitted for re- occupancy unless brought into compliance with these regulations and Section 3.11(G). An abandoned use shall not be permitted unless brought into compliance with these regulations. ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS 31 I. Variances. (1) A variance for development in the Floodplain Overlay District may be granted by the Development Review Board only in accordance with Title 24, Vermont Statutes Annotated and 44 CFR Section 60.6. (2) Any variance issued in the Special Flood Hazard Area shall not increase flood heights, and shall inform the applicant in writing over the signature of a community official that the issuance of a variance to construct a structure below the base flood elevation increases risk to life and property and will result in increased flood insurance premiums up to amounts as high as $25 for $100 of coverage. Such notification shall be maintained with a record of all variance actions. J. Certificate of Occupancy. A Certificate of Occupancy shall be required for all new structures or substantial improvements to structures in the Floodplain Overlay District. (1) Upon receipt of the application for a certificate of occupancy, the Administrative Officer shall review the permit conditions and inspect the premises to ensure that: ii. All required state and federal permits that have been obtained by the applicant; iii. All work has been completed in conformance with the zoning permit and associated approvals; and iv. All required as-built documentation has been submitted to the Administrative Officer (e.g. updated FEMA Elevation Certificate, dry floodproofing certificate, as-built volumetric analysis, or as-built floodway encroachment analysis). K. Enforcement. Enforcement shall be conducted by the Administrative Officer. All enforcement action related to property in the Floodplain Overlay District shall be performed in compliance with Article 17 and the following procedures: (1) The State NFIP Coordinator shall be provided a copy of all notices of violation issued by the Administrative Officer for development that is not in conformance with this section. (2) If any appeals have been resolved, but the violation remains, the Administrative Officer shall submit a declaration to the Administrator of the National Flood Insurance Program requesting a denial of flood insurance to the property pursuant to Section 1316 of the National Flood Insurance Act of 1968, as amended. 14-1 South Burlington Land Development Regulations 14 SITE PLAN and CONDITIONAL USE REVIEW … 14.04 Authority for Review of Site Plans … B. Authority, Administrative Review. The Administrative Officer has the authority under these Regulations and 24 V.S.A. § 4416 and § 4464 to Review and approve, approve with modifications or conditions, or disapprove an application for a site plan under the standards of these Regulations. (1) All areas except within the City Center Form Based Code District. All determinations of eligibility for administrative review are subject to the discretion of the Director of Planning and Zoning. The Administrative Officer shall not approve administrative amendments to master plans, subdivisions, or variances. The Administrative Officer may review, approve, approve with conditions, or disapprove administrative amendments to site plans involving a principal permitted use, site plans involving an approved conditional use, site plans of planned unit developments, site plans for land development related to stormwater management regulated in Section 13.05, site plans for specific types of land development on a steep slopeas regulated in the Environmental Protection Standards (ArticleSection 12.03,), site plans for land development related to the development of an Environmental Restoration Project, if the proposed amendment meets one or more of the following criteria: (a) Relocation of site improvements and/or accessory structures that have been previously approved, provided that such relocations do not alter the approved coverage for the site. (b) Re-approval of plans if a permit issued by the Development Review Board has expired within the preceding six months and no changes or alterations of any kind are proposed, including those outlined in (d) below. (c) Approval of plans showing as-built adjustments beyond standard field adjustments, provided that such adjustments do not require the amendment of any condition of approval in the most recent findings of fact. (d) Minor alterations to an approved landscaping plan such as substitution of appropriate similar species or landscaping or hardscaping materials, provided that the total value of landscaping proposed in the amended plan is equal to or exceeds the amount approved by the Development Review Board. (e) An increase in building area and/or impervious coverage totaling less than five thousand (5,000) square feet or three percent (3%) of the overall site coverage, whichever is smaller. Applicants are advised that the cumulative total increase in building area and/or site coverage cumulatively permitted through all administrative amendments on any one lot shall not exceed five thousand (5,000) square feet or three percent (3%) of the overall site coverage, whichever is smaller. Development Review Board approval shall be required for any amendment exceeding these limits. (f) All coverage and other limitations pursuant to these regulations shall apply in determining whether an administrative amendment shall be approved. (g) Applications submitted pursuant to Section 3.06(J) of these Regulations (Exceptions to Setback and Lot Coverage Requirements for Lots Existing Prior to February 28, 1974). (h) Changes in use of all or part of a building or structure with prior site plan approval to a permitted use in the applicable zoning district, provided the proposed use, whether solely or in combination with other uses subject to the same approval, will not result in any permitting requirement or threshold being exceeded or violated. 14-2 South Burlington Land Development Regulations (2) Within City Center Form Based Code District. The Administrative Officer shall review all applications except: (a) Applications for Subdivision or modifications to subdivisions (except Minor Lot Line Adjustments); (b) Applications involving new proposed public rights-of-way, parks, or other land proposed to be deeded to the City of South Burlington; (c) Requests for development within any of the water or wetlands resources identified within Article 12 of these Regulations; that have been referred to the Development Review Board by the Administrative Officer under Section 12.01D(3); (d) Applications for development within Areas of Special Flood Hazard; or (e) Where specifically stated in these Regulations. C. Review Period. Where site plan review by the Development Review Board or Administrative Officer is required, the Development Review Board or the Administrative Officer shall act to approve or disapprove any such site plans within the time required by applicable state law. Failure to so act within said period shall be deemed approval. Copies of the Development Review Board or Administrative Officer’s decision, along with findings of fact, shall be sent to the applicant. South Burlington Planning Commission Proposed Land Development Regulations Amendment & Adoption Report Planning Commission Public Hearing Tuesday, January 10, 2022, 7:00 PM 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. Outline of the Proposed Overall Amendments The South Burlington Planning Commission will hold a public hearing on Tuesday, January 10, 2022 at 7:00 pm, in person and via electronic platform, to consider the following amendments to the South Burlington Land Development Regulations: A. LDR-22-09: Updates to Article 12 Environmental Standards, including, but not limited to: 1) Modification of the Class II wetlands buffer boundary in some residential areas 2) Streamline administrative permitting process 3) Remove permitted, human-made steep slopes from regulation as steep slopes Brief Description and Findings Concerning the Proposed Amendments The proposed amendments have been considered by the Planning Commission for their consistency with the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 1, 2016. For each of the amendments, 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. (2) Is compatible with the proposed future land uses and densities of the municipal plan. (3) Carries out, as applicable, any specific proposals for any planned community facilities.” 2 LDR-22-09: Updates to Article 12 Environmental Standards, including, but not limited to: 1) Modification of the Class II wetlands buffer boundary in some residential areas 2) Streamline administrative permitting process 3) Remove permitted, human-made steep slopes from regulation as steep slopes Brief explanation of the proposed amendment: This amendment applies a modified buffer from Class II wetlands for lots existing as of November 10, 2021 that were approved for single-family and/or two-family dwellings. In effect, this applies the same standard as before the most recent update to the environmental standards in the LDRs to relatively small, residential properties. It recognizes that many residential neighborhoods in South Burlington were designed and constructed taking the previous 50-foot buffer into account and aligns with expectations of homeowners. Administratively, it clarifies when Site Plan review is required, when administrative Site Plan Review is required, and when zoning permit review is required. It clarifies conflict between Article 13 and Article 12 regarding when administrative Site Plan review is available for stormwater management projects. It also requires administrative Site Plan review for certain wetland impacts in the City Center Form Based Code district. This amendment also excludes permitted human-made slopes from the definitions of Steep Slopes and Very Steep Slopes and allows the DRB or Administrative Officer to waive review under Steep Slopes standards if the area of steep slopes are determined to be de minimis. It also exempts Environmental Restoration Projects, Shoreline Restoration Projects, and retaining walls in certain districts from steep slope review. Findings Concerning the Proposed Amendments (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. These amendments are technical updates that correct issues that have become apparent after the adoption of new regulations in 2021. Generally, they correct unanticipated inconsistencies and administrative issues. In addition, exempting Environmental Restoration Projects and Shoreline Restoration Projects from steep slopes review advances the environmental protection goals in our Comprehensive Plan. Comprehensive Plan Goals, Objectives & Strategies: • Goal: Green & Clean. Emphasizing sustainability for long-term vitality of a clean and green South Burlington. • Sub-Goal. Keep unique features, and maintain or enhance the quality of life of existing neighborhoods. 3 • 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 9. Be a good partner with business in helping them locate in South Burlington or continue to grow here. • Strategy 6. Promote the preservation of existing housing stock in residential neighborhoods, particularly the supply of affordable and moderately-priced homes. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendments do not affect future land uses and densities in the municipal plan. (3) Carries out, as applicable, any specific proposals for any planned community facilities. This proposed amendment does not relate directly to any planned community facilities. 180 Market Street, South Burlington, Vermont 05403 | 802-846-4106 | www.southburlingtonvt.gov MEMORANDUM To: Jessie Baker, City Manager From: Steven Locke, on behalf of the Project Team Subject: Rental Registry and Short-Term Rental Ordinance Draft Date: May 8, 2023 As a follow up to the April 3, 2023, City Council presentation regarding the creation of a rental registry, the project team has updated the draft ordinance to address questions that were posed. The updated ordinance is now available for further Council consideration. In addition to formatting and some minor clerical and organizational edits made since the draft was last presented to you, the project team amended the draft ordinance to include: • Section 5(f). This new sub-section includes a prohibition by renters of a short term rental unit from utilizing the rental for parties, conferences, family reunions, weddings, fundraisers or similar gatherings that are reasonably foreseeable to involve an assemblage of vehicles or a greater number of persons than the maximum allowable number of short- term guests for the rental unit. • Section 7(a). This subsection adds as an enforcement tool for short term rentals the revocation of a registration and prohibition from renewing a registration for 12 months. • Section 12. New language added to this section makes the ordinance effective upon passage but provides that compliance with its requirements is not mandatory until April 1, 2024. The project team has also conducted a cost analysis to determine the anticipated revenues and expenses. The projected revenues are based on the fees in the draft ordinance after an assessment of the number of units in the City. As you may recall, the ordinance has a reduced fee for buildings that have greater than 40 units. The proposed expenses include hiring a total of three new personnel: two inspectors and one administrative support position. Additionally, the expenses include two fully electric vehicles for the inspectors to use as well as needed office supplies. The following is an overview of these financials. Income: $265,400 Units Fee Total 1730 $80 $138,400 1270 $100 $172,000 Expenses (reoccurring): $289,500 Salary & benefits $287,000 Office supplies $1,000 Phone $1,000 Uniforms $500 Expenses (one time*) $106,000 Vehicles $90,000 Computers $5,000 Office furniture $10,000 Field equipment $1,000 * Does not include building modifications It should be noted that the cost to renovate office space is not included and it is estimated that any renovation would cost approximately one million dollars. There is little to no available office space available for this program, and it is recommended these inspectors have an office space located with the Fire Department’s Prevention Division. If the Council would like to proceed with this ordinance and the new staffing, the project team can provide some options for paying the renovation expenses. As presented the projected revenues fall slightly short of covering the program expenses. There are a few option the Council could consider to fully fund the program. The first is to raise the fee to $110 per unit and $90 per unit in buildings with greater than 40 units which would raise $295,400 in revenue. The second option is to leave the fee at $100 per unit and not offer a discount for buildings with greater than 40 units which would raise an anticipated $300,000. The Council may also wish to not offer the discount and set the initial fee at $125 per unit which would generate approximately $375,000 in revenue to cover future program expenses/growth and fund any needed building modifications. The project team thanks you for your consideration and looks forward to discussing this with you. Residential Rental Unit Registration Requirements The Council of the City of South Burlington hereby Ordains: 1. Purpose and Authority. This Ordinance is enacted to promote the public health, safety and welfare of the City under the authority granted to it by 24 V.S.A. §2291 and Sections 103-104 of the South Burlington City Charter. Due to an ongoing increase in the number of rental dwelling units in the City of South Burlington, continued and projected population growth in the City, the aging of some of the City’s housing stock, and the existing and potential future conversion of permanent housing into short-term accommodations, the Council hereby finds that the regulation of rental dwelling units is necessary to maintain and protect the public health, safety and welfare of the City and its residents. This Ordinance is intended to provide a process: • through which dwelling units used for rental housing must be registered with the City of South Burlington for use as long-term or short-term rentals; • to disclose the ownership of such rental properties; • to regulate the renting of dwelling units within the City; • to make owners and persons responsible for the maintenance of property more accessible and accountable with respect to the premises; • to ensure that housing units remain available for rent to those who reside or seek to reside within the City; • to ensure that the City is not unduly impacted by the operation of short-term rentals; and • to ensure that owners and tenants of rental dwelling units comply with all building, health and fire safety codes and ordinances adopted by the City of South Burlington. This Ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. 2. Definitions. The following words, terms and phrases, when used in this Ordinance, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Long Term Rental shall mean the letting of a rental unit in whole or in part for thirty (30) or more consecutive days. Multi-Unit shall mean a single, detached building in common ownership interest containing more than one (1) residential or commercial unit. Owner-Occupied shall mean a rental unit owned and occupied by the registrant as his or her primary residence. An accessory dwelling unit as defined in the City’s Land Development Regulations, is considered a separate dwelling unit from an owner-occupied primary residence for purposes of short-term rental registration and regulation. Owner shall mean each individual person or entity including, without limitation, all partners, officers, or trustees of any real estate trust; all members or managers of a limited liability company; and all officers and directors of a corporation; that is the record owner of a building or property. Primary Residence shall mean the dwelling in which a person resides as their legal residence for more than one half of a year and registers as his or her address for tax and government identification purposes. Registrant shall mean the owner of a rental unit, or a tenant, with permission from the owner, seeking to register a rental unit. Rental Unit is any residential structure, furnished house, condominium, or other dwelling room or self-contained dwelling unit, or portion thereof, that is rented or available for rent to any individual or individuals for any length of time. Any portion of a dwelling unit or accessory dwelling unit that is rented or available to be rented to an individual or individuals who are not the owner or owners shall be considered a rental unit. Motels, hotels/inns, bed and breakfast, group homes, dormitories, congregate care facilities, continuum of care facilities, skilled nursing facilities, extended stay hotels, emergency shelters, schools, hospitals or similar facilities are not Rental Units. Short Term Rental is a rental unit rented to the transient, traveling, or vacationing public for a period of fewer than 30 consecutive days and for more than 14 days per calendar year. Tenant-Occupied shall mean a rental unit in which the registrant is not the record owner of the rental unit, but lawfully occupies the rental unit as his or her primary residence. 3. Registration Required. (a) Registration of Ownership. 1) All Rental Units must be registered in accordance with this Ordinance by April 1st of each year; Rental Units entering the rental housing market must be registered and pay the appropriate fee prior to their listing as an available rental unit or prior to their first occupancy, whichever is earlier. Registration must be renewed annually, on or before April 1st, including updating all changes in previously submitted registration information. 2) If a rental unit is rented as both a short term and long term rental, it must be separately registered for each type of rental. 3) Each owner, manager, and person/entity otherwise responsible for the rental unit, such as a property manager, shall be obligated under this Ordinance. Any new owner, manager, or responsible person/entity must apply to register within thirty (30) days of purchase of the rental unit or transfer of management or responsibility. New owners or tenants applying to register an existing Short Term Rental unit are considered new applicants and shall be subject to all limitations and regulations in effect at the time of the application. 4) A rental unit shall not be considered registered unless and until the registrant has submitted a complete application together with all information and fees required by this Ordinance, to the satisfaction of the City’s Building Inspector, or designee. 5) As a condition of registration, all owners and/or registrants must allow onsite inspections by the City of their property including, without limitation, all rental units. Inspections will be performed in accordance with the Inspection Cycle adopted by Resolution of the City Council. All units of a multi-unit building owned by the same property owner are subject to inspection, including an owner-occupied unit that is not a rental unit, if one or more units in the building are rental units. Likewise, all areas of an owner-occupied dwelling are subject to inspection if any portion of the owner-occupied dwelling is a rental unit. The purpose of this inspection is to ensure compliance with all building and fire safety codes, ordinances, and regulations adopted by the City of South Burlington and safety of the Rental Unit. (b) Information/Documentation Required. Registration must be completed on forms supplied by the City’s Building Inspector or their designee and must provide, at a minimum, the following information: 1) The address of the property; 2) The number of dwelling units at that address; 3) The number of rental units at that address; 4) The number of sleeping rooms in each rental unit; 5) The number of parking spaces that are dedicated for the rental units at the property; 6) The name, address, phone number, email address, and date of birth of the property owner, and if the owner is a corporation, the registered corporate agent and the president of the corporation and their name and address, and if the owner is a partnership, the registered partnership agent, and the names and addresses of the general partners; 7) The name, address, phone number, and email address of: a. Any local (within Chittenden County) managing agent. All owners or Registrants who do not live within Chittenden County are required to designate a managing agent located in Chittenden County who is empowered to represent the owner or registrant in matters concerning compliance with this chapter; b. An emergency contact for this property. All properties must have an emergency contact within Chittenden County; 8) All Additional Information Required for Short Term Rentals. (c) Additional Information required for Short Term Rentals. A Short Term Rental shall not be considered registered unless and until all the registration requirements of this Ordinance have been met to the satisfaction of the City’s Building Inspector, or designee, and a Short Term Rental registration number has been issued. 1) A Short Term Rental registrant must provide at a minimum the following information and any other information requested to the City’s Building Inspector or their designee: a. A Short Term Rental application. b. The number of whole unit or partial unit Short Term Rentals within the building, or in the case of multiple buildings on a parcel of land, on the entire lot. c. Whether the rental unit is owner-occupied, tenant-occupied, or non- owner occupied; i. For Short Term Rental Units that are owner occupied, the owner must provide a notarized primary residence affidavit, on forms provided by the City. The owner must also produce for review one of the following demonstrating residency at the owner-occupied unit: 1. Valid driver’s license or other state-issued identification; 2. Valid motor vehicle registration; 3. Proof of homestead exemption pursuant to 32 V.S.A. §5410; or 4. Other documentation proving primary residence to the satisfaction of the City’s Building Inspector. ii. For Short Term Rental units that are tenant-occupied, the tenant must provide their name, address, phone number, email address, date of birth, a notarized primary residence affidavit, and a notarized statement of permission by his/her landlord, both affidavits on forms supplied by the City. The tenant must also produce for review one of the following demonstrating residency at the tenant-occupied unit: 1. Valid driver’s license or other state-issued identification; 2. Valid motor vehicle registration; or 3. Other documentation proving primary residence to the satisfaction of the City’s Building Inspector. d. Proof of liability insurance required. At the time of registration, the Registrant must provide a certificate of insurance that expressly acknowledges that the property may be used for Short Term Rental business activity and evidencing (a) property insurance and (b) general liability insurance appropriate to cover the rental use in the aggregate of not less than $1 million or proof that the Registrant conducts rental transactions through a hosting platform that provides equal or greater coverage. Any such hosting platform-provided insurance carrier shall defend and indemnify the Registrant, as additional named insured, and any user in the building for any bodily injury and property damage arising from the rental. Once registered, the Registrant shall maintain the required insurances, or such greater amount as otherwise required by law, throughout the term of the registration. e. Proof of Vermont tax account for rooms & meals and/or sale tax purposes or proof that the Registrant conducts rental transactions through a hosting platform that pays all applicable rooms & meals and/or sale taxes on behalf of the Registrant. 2) Upon request by the City, at any time, all registrants and/or agents of Short Term Rental units must provide the City with their registration information, rental history, and upcoming reservation information. Failure of Short Term Rental unit owners, tenants, and/or their representatives to adequately respond to inquiries by the City within two business days from the date of the request shall be considered a violation under this Ordinance. (d) No registration under this Ordinance shall be transferrable or assignable. 4. Registration Fees. (a) Annual Registration Fee. Upon initial registration and by April 1st of each year, registrants shall pay the City a registration fee for each Rental Unit, in the amounts set forth below. A Rental Unit shall not be considered registered unless and until this fee is paid in full. (b) Long Term Rental Registration Fee. The registrant of a long term rental shall pay one hundred dollars ($100.00) to the City by April 1st of each year. New Construction of greater than 10 units, rental registration fee is waived for first 3 years. Long Term Rental Registration Fee for any multi unit building with 40 or more units and owned by one owner shall be $80 per unit. (c) Short Term Rental Registration Fee. The registrant of a Short Term Rental shall pay one hundred dollars ($100.00) to the City by April 1st of each year. (d) Failure to renew a registration of a rental unit by April 1 shall result in the forfeiture of the right to renew the registration of that rental unit, and any subsequent application for the same rental unit shall be treated as a new application for registration. 5. Requirements of Short Term Rental Units. (a) Occupancy Limit. Overnight Short Term Rental guest occupancy in each rental unit will be limited to two (2) guests per bedroom or sleeping area plus no more than two (additional) guests. (b) Short term rentals shall adhere to all City of South Burlington regulations and ordinances related to parking. (c) No individual or entity may register a Short Term Rental unless it is owner-occupied, tenant-occupied with permission of the owner, or an accessory dwelling unit. (d) Registrants shall comply with all applicable State laws and regulations regarding Short Term Rentals. (e) Short Term Rentals must be serviced and cleaned before each new guest arrives and guests must be provided with soap, clean linen, and sanitized utensils. (f) Registrants shall provide guests written documentation with the following information: 1) The name, phone number, and email of the Registrant and, if not the Registrant individually, an emergency contact within Chittenden County who is available at all times during a guest’s rental. 2) Contact information for the City Fire Marshal. 3) Written instructions on the location and use of fire extinguishers 4) Written instructions on emergency shut-off of heating systems and fuel burning appliances 5) A diagram identifying emergency egress routes 6) A copy of South Burlington’s Public Nuisance Ordinance. (g) No pets are permitted in any Short Term Rental unless guests provide proof of valid rabies vaccine and hosts provide information on the City’s leash and pick-up/disposal of pet waste requirements and the presence of ticks in Vermont. (h) Display of Short Term Rental Registration Number Required. Once registration is approved by the City, each Short Term Rental shall be given a registration number, which must be displayed in plain sight in the Rental Unit and in any and all advertisements for the Rental Unit. (i) Short-term rental guests shall not sublease, sublicense or assign all or any portion of the short-term rental to another person during the rental period. (j) Parties, conferences, family reunions, weddings, fundraisers or similar gatherings that are reasonably foreseeable to involve an assemblage of vehicles or a greater number of persons than the maximum allowable number of short-term guests for the rental unit are prohibited to be conducted by short-term rental guests during a short-term rental. 6. Violations. Violations of this article include, but are not limited to: (a) Any person, business entity, or other organization failing to timely register or renew the registration of a rental unit, including providing all required information and paying the required registration fee; (b) Any person, business entity, or other organization failing to timely file any required update to the registration; (c) Any person, business entity, or other organization failing to acquire and/or display the required Short Term Rental registration number; (d) Any person, business entity, or other organization providing false information with respect to registration. (e) Any person, business entity, or other organization renting any rental unit that is not registered under this article, advertising for rent such rental unit without registration, or permitting the occupancy of such premises without registration; (f) Failure of Short Term Rental unit owners, tenants, and/or their representatives to adequately respond to inquiries by the City pursuant to Section 3(c)(3) within two business days from the date of the inquiry. (g) Failure to maintain a Rental Unit in compliance with all building, health and fire safety codes and ordinances adopted by the City of South Burlington. (h) Failure to allow an inspection of a Rental Unit by the City. (i) Failure to conspicuously display within each Short Term Rental Unit the current and valid name, address and phone number of the Short Term Rental operator (whether the owner, tenant, on-site manager, or property manager) and the City Fire Marshal. (j) Any sublease or sublicense of a Short Term Rental by a guest to another person during the rental period. (k) Any signs or other outside indications, other than on-site parking, that a property is used or occupied as a Short Term Rental. (l) Noise or unreasonably loud activities, whether inside or outside, that violate the City’s Public Nuisance Ordinance. (m) Failure to abide by any other specific requirement of this Ordinance. 7. Enforcement. Any person who violates a provision of this civil ordinance shall be subject to: (a) Suspension or revocation of the short term rental unit registration for the violating rental unit. A short term rental unit that has had its registration either suspended or revoked may also be prohibited from renewing or registering the rental unit for a period of up to 12 months following the current registration expiration date. AND (b) A civil penalty of up to $800 per day for each day that such violation continues. Each day the violation continues shall constitute a separate offense. The Building Inspector, City Fire Marshal, South Burlington Police Officers, South Burlington Zoning Administrator, and the South Burlington City Manager shall all be designated and authorized to act as Issuing Municipal Officials to issue and pursue before the Judicial Bureau, or other court having jurisdiction, a municipal complaint. 8. Civil Penalty; Waiver Fees. (a) Civil Penalty. An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation: (1) Operating a Rental Unit Without Authorization or Registration Number: $800 (2) All Other Violations: First Offense: $400 Second Offense: $600 Third Offense: $800 Fourth and Subsequent Offenses: $800 plus automatic revocation for twelve (12) months before a new Long Term or Short Term Rental Registration Application may be submitted. (b) Waiver Fee. An Issuing Municipal Official is authorized to recover waiver fees, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: (1) Operating a Rental Unit without authorization or registration number: $500 (2) All Other Violations: First Offense: $100 Second Offense: $250 Third Offense: $500 Fourth and Subsequent Offenses: $700 (c) Offenses shall be counted on a twelve (12) month basis beginning April 1 and ending March 31 of each year. An Issuing Municipal Officer shall have authority to issue a written warning, without recovering a waiver fee, for any First Offense violation other than Operating a Rental Unit Without Authorization of Registration Number. In such instance, the written warning shall be counted as a First Offense for calculating annual offenses. 9. Other Relief. In addition to the enforcement procedures available under Chapter 59 of Title 24, the City is authorized to commence a civil action in the Civil Division of the Vermont Superior Court to obtain injunctive and other appropriate relief, to request revocation or suspension of any Long Term or Short Term Rental authorization or registration number on behalf of the City, or to pursue any other remedy authorized by law. 10. Severability. If any provision of this ordinance is deemed by a court of competent jurisdiction to be unconstitutional, invalid or unenforceable, that provision shall be severed from the ordinance and the remaining provisions that can be given effect without the severed provision shall continue in effect. 11. Effective Date. In accordance with South Burlington City Charter Section 108, this Ordinance shall take effect upon passage. However, in order to allow time for residents and property owners to become familiar with the requirements of this Ordinance, the prohibitions on certain types of short-term rentals, and the penalties for violations of this Ordinance, compliance with the requirements of this Ordinance shall not be mandatory until April 1, 2024. Adopted at South Burlington, Vermont this ___ day of __________, _____, and to be effective upon passage. SOUTH BURLINGTON CITY COUNCIL … 180 Market Street, South Burlington, Vermont 05403 | 802-846-4106 | www.southburlingtonvt.gov MEMORANDUM To: Jessie Baker, City Manager From: Shawn Burke, Chief of Police Steven Locke, Fire Chief Subject: Dispatch Update Date: May 10, 2023 As you are aware, the City along with several of our neighboring communities have been actively working to create a regional emergency communications center for several years. This included a public vote of support to create the Chittenden Public Safety Authority (CCPSA) on Town Meeting Day in 2018 in the communities of South Burlington, Burlington, Colchester, Milton, Winooski and Williston. While Milton decided early on to not participate, the other communities have been meeting regularly, developing plans, applying for grants and making annual contributions to create the fund balance needed to launch the center. Creating a new communications center while still funding the existing centers in not only complicated but it is expensive. The CCPSA needed approximately 3.5 million dollars and had amassed approximately 2 million. The project however, stalled in mid-December 2023 when Colchester opted to suspend their participation. They could not make the request FY24 contribution, which makes the plan just too expensive for the remaining communities. We are hoping the Vermont Legislature will help to bridge this funding gap during the final budget negotiations. Once it was apparent the CCPSA was not going to become operational in 2023 as we had hoped, we here in South Burlington opted to create a parallel path to help us achieve our goals of providing high quality dispatch services with an excellent workforce, implementing new technologies that will make resource deployment easier and more efficient, and ensuring at least two dispatchers are on duty at all times. We believe we have the ability to achieve these goals and could provide dispatch services to some of our neighboring communities through a shared services model that would help to achieve many of the same benefits provided through the creation of the CCPSA. As you are aware, the fiscal year 23 budget included $225,000 in capital funding for the replacement of dispatch consoles. However, recently the Vermont Department of Homeland Security transferred ownership of four new consoles, that had been purchased for the CCPSA to the City for our use. Receiving this equipment through grant dollars has allowed us to repurpose the our capital funds into additional equipment and technology that will further expand our capabilities. Currently the layout of our communications center allows for three dispatch positions. We are working with our vendor on a new layout that will accommodate the four dispatch consoles we received from Homeland Security. We will be using the funding that was initially planned to replace consoles, and instead purchase new workstations, furniture, and updates to the communications center. We have also been working with the City of Burlington on an agreement to buy into the computer aided dispatch (CAD) software they currently utilize. Working with legal counsel, we have developed a shared services agreement that will allow our dispatchers to use modern technology when dispatching fire and medical incidents. The cost of the software paid directly to the vendor is approximately $86,000 and we will pay a share of the annual server maintenance to the city of Burlington. Once implemented, the CAD server will allow for increased efficiency in the deployment of resources and allow redundancy amongst our two centers. There is sufficient funding in the capital funds set aside for the dispatch consoles to cover this expense. While we continue to monitor the progress of the CCPSA and work that is being done in the Vermont legislature to support the creation of regional dispatch centers, we will continue to explore all other options that allow us to meet our goals and objectives. We are fortunate to have an excellent group of professional dispatchers and if we can expand our center and offer shared services with some of our neighbors, that would be beneficial for all. We look forward to discussing this with you. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • MEMORANDUM TO: South Burlington City Council FROM: Martha Machar, Finance Director DATE: May 8, 2023 RE: South Burlington’s Annual Social Services Spending Background Over the past few years, the South Burlington City Council has frozen its annual Social Services spending and allocated the $15,000 set aside in the annual budget to the same eight community organizations that focus on key issues in the community. These organizations are: NAME Amount Disbursed FY22 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 $1,500.00 STEPS to end Domestic Violence $2,500.00 United Way Northwest VT $2,500.00 Total $15,000.00 The Council has also allocated funds to Trinity Education Center (TEC) over the last two years. In July 2021, the Council approved $11,000 seed money for the opening of the Center. In August 2022, the Council approved $13,000 of FY22 surplus funds to support TEC programs. We are expecting another request this year and the Council will again have the option to fund it with FY23 surplus. Over the past years, the City has also received general appeals from several other community organizations such as:  American Red Cross  Turning Point  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 on whether any of these allocations or organizations should be amended in FY23. As a reminder, the FY24 budget retains the same allocation of $15,000. Role of City Manager and Leadership Team"This is how we are accomplishing this vision."Implementation Strategy DescriptionUpdate City Comprehensive Plan [expires 2/24]*Affirm Values & Goals* Review implementation of 2016 Plan* Establish "knowns" / data analysis for 2024 Plan* Host robust public participation * Establish measurable objectives by subject area* Establish policy/actions for 2024 Plan* Prepare for formal adoption process beginning in FY24*Council & Planning Commission held joint meeting in October to discuss values, goals, implementation schedule, and "knowns".*Subsequently, Planning Commission reviewed minor updates and supported staff circulating this as the working draft*P&Z Staff met with each Department individually to gather information, perspectives, anticipated needs, and their broader feedback as service providers*Each Committee has met to provide questions, information needs, and initial perspectives on key issues*Community Conversation Series (11 community meetings on a range of topics and geographies) underway Feb/March*Online community poll went live early Feb; as of 2/15; 170 responses*Drafting of chapters and initial objectives/policies underway*Completed 11 community conversations (total attendance 227) plus a bonus session at a seniors lunch*First draft of each topic‐based chapter has been presented and reviewed by Planning Commission*2nd round of committee input (with draft text of chapters) currently underway*Staff developing first draft of objectives, actions, and land use chapterThemes and topics to be more thoroughly addressed•Addressing Climate Change (mitigation, resiliency, adaptation)•Emphasizing Equity in our work•Creating greater emphasis on people, community, and equity•Neighborhoods, connections, and transitions•Creating greater measurability in the Plan’s Objectives•Assuring consistency of objectives and policies within the Plan•Addressing housing and affordability•Addressing economic activity and resiliency•And others as identifiedDevelop strategy for funding and sequencing the following likely plans:*Climate Action*Cultural*Open Space*Parks*Equity*Transportation*Housing*and others as identified*Commission and Council approved grant submittal for an Equity in Planning framework*Strategy work to be developed as part of Plan* See notes above on status*These theme have carried through. Community Art plan also shared as an ideaCity of South BurlingtonFY23 Policy Priorities & StrategiesApproved: August 15, 2022Report #3 (May 15, 2023)Update #2(February 2023)Update #1(December 2022)Update #3(May 2023)*These themes were reinforced through community input; significant emphasis on fostering people knowing their neighbors & building communityComprehensive Plan Update*See notes above on status. *Planning Commission endorsed staff outreach Plan and major themes.*Staff sent invitation letter to each committee and department to identify data needs and key questions to have outreach on.*Staff began preparing data and topic‐by‐topic needs analysis Assess the City's Industrial‐Commercial Zoning districts: What uses MUST be away from housing? Should we reserve land for those purposes only while making other "business parks" eligible for a wider range of mixed uses? Consider support services & uses*Planning Commission / Staff prepared and submitted request in November to Economic Development Committee to consider these and related questions*Economic Development Committee is reviewing*Continued review by EDC*** Youth programming to support families in the downtown core. What services are missing (e.g. Boys and Girls Club, YMCA, Youth Center, mental and physical health provision)*Conversations with community leaders have begun about what the future should hold in terms of a NGO partner to assist the community with this work. Role of City Manager and Leadership Team"This is how we are accomplishing this vision."Implementation Strategy DescriptionContinue focus on developing City Center and successfully administering the TIF district*TIF 10 year auditHeld kick‐off meeting with the State Auditor's office for the 10‐year State audit as well as pre‐process interviews.* Providing material requested by the State Auditor* Completed Annual Report and presented to Council* Prepared for last Bond Vote and educating public on four projects it provides funding for* 10‐Year audit on track for completion in May * Bond vote on infrastructure completed. * Research for debt terms and structure underway.Williston Road Streetscape: *Complete design and initiate ROW acquisition*Obtain TIF bond authorizationRevised preliminary plans have been completed and the ROW phase will commence shortly. TIF bond proposal will be brought to Council and put on 2023 Town meeting day ballot for TIF District Financing.* Reviewed preliminary plans and State comments on preliminary plans.* Bond vote on March ballot for public consideration.* ROW phase initiated (draft plans are with outside counsel prior to providing set to VTrans for review)* Voters have approved bond authorization* Additional funds applied for (not received)*** Garden Street: *Complete the right of way acquisition and design*Obtain TIF bond authorization for Phase II*Bid out projectTIF bond proposal will be brought to Council and put on 2023 Town meeting day ballot for TIF District Financing.* Positive agreement with key property owner for right‐of‐way.* Bond vote on March ballot for public consideration.* Purchased 1270 Williston Road* TIF Bond authorization completed for Phase II* Phase I Right‐of‐Way plans are with outside counsel prior to issuing offer letters to property owners.*Phase II preliminary plans are being tweaked to ddCity Center Park Boardwalk Connection:*Design, obtain funding for, and contract for construction*Obtain TIF bond authorization60% plans were brought to the public and design completion is underway. TIF bond proposal will be brought to Council and put on 2023 Town meeting day ballot for TIF District Financing.* Bond vote on March ballot for public consideration.* Preliminary Plans have been received and are under review.* TIF Bond authorized.Develop East West Crossing ‐ Pedestrian Bicycle Bridge over I‐89 Project*Under design with Community through October*Obtain TIF bond authorization *Begin developing construction documentsFinal concept recommended and accepted following robust public outreach process. TIF bond proposal will be brought to Council and put on 2023 Town meeting day ballot for TIF District Financing.Contracted with State of Vermont and US DOT for RAISE Grant.Completed utility and soil exploration.* Completed soil testing and utility location work based on concept.* City, State and consultants worked through a value engineering process on the concept. Project will have a reduced width (maximum 22 feet versus original of 30, for comparison Winooski bridge is 12') which removed both steel and complexity. U‐Mall connect is also simplified.* TIF Bond passed by voters.* Preliminary Plans are nearly complete.* Conversations have been held with all adjoining property owners (except CVS ‐ the lease recently changed ownership). * CDS Funds applied for (not received). *** Dorset Street Signals: *Complete construction / installation of new hardware.*Consider how new hardware and signals can be used to make Dorset St more walkable. *Evaluate Adaptive signal technology. Scope this work and get rough costs for implementation.Project was bid and construction awarded to ECI. Additional project costs are included in FY24 CIP. Grant application for evaluation of adaptive technology has been submitted.Contractor has started work on the project. Once initial soil investigations and borings are complete we'll have a schedule that can be shared. No word yet on adaptive technology grant.Contractor continues work on project with onsite construction beginning on May 15, 2023. Scheduled completion is October 2023.Update #3(May 2023)City of South BurlingtonFY23 Policy Priorities & StrategiesApproved: August 15, 2022Report #3 (May 15, 2023)City Center and Tax Increment Financing DistrictUpdate (December 2022)Update #2(February 2023) Be nimble in supporting future of U Mall and other private development in City CenterHave engaged private sector developers through multi‐departmental meetings on proposed development to improve efficiency of reviews and have high‐level issues addressed together*Community Development began conversations with developers regarding aspects of FBC which restrict development.*Have met regularly with property owners in City Center to share ideas and next steps*Permitting under review for Sears Automotive buildingConsider expanding Neighborhood Development Area Designation Staff has reached out to Vermont Dept of Housing and Community Development to confirm process and has begun speaking with property owners.*Staff participated in required pre‐application meeting with DHCD Staff*Overall concept of expansion was presented to Planning Commission*No additional progress this winter as focus was drawn to the City Plan & work at the Legislature, but will pick it back up shortlyLand Development Regulations Updates: Continue revisions to City Center Form Based Code and associated Official Map updates to support successful development of the downtown*Staff is collecting input from development community on topics in general*Planning Commission is reviewing amendments to clarify process & regulated related to environmental protection standards, including in the FBC.*Staff is working on an amendment in the T3+ area following guidance provided by the Planning Commission last year.*Continuing to gather feedback from various parties on needs & interests Role of City Manager and Leadership Team"This is how we are accomplishing this vision."Implementation Strategy DescriptionComplete Development of the City's Principal Climate Action Plan CAP Adopted by City Council October 3, 2022Complete.Complete.Prepare specific Implementation Plans by Sector, beginning with Transportation, Governance, and Buildings/ThermalTransportation implementation plan has been kicked‐off with CCRPC and VHB. Advisory Group structure shared with Council.*Transportation Implementation Plan well underway; Advisory Group has been formed and had first of 3 meetings in January*RFP for Municipal Operations to go out in winter 2023*Transportation Implementation Plan in process; outreach took place and first draft of recommendations being preparedReceive Plan and begin implementation of highest priority actions in current fiscal year*Council adopted heating / hot water ordinance pertaining to new construction November 7, 2022.*Heating/Hot water ordinance took effect 2/15/23*Climate Action Plan targets being incorporated into Comprehensive Plan*Funding request for a walk/bike Master Plan was submitted to CCRPC as part of their annual UPWP offering*Council has directed staff to develop an ordinance on leaf blowers*Council has directed staff to review legal options for hearing in existing buildings *Bikeshare Program new RFP issued 1/2023 after former provider left. Bids have been received and are being reviewed with objective of re‐launching in South Burlington, Winooski, Burlington in May 2023*Planning Commission approved and submitted LDR amendment requiring Solar PV with new commercial buildings (presented to Council 5/1/23)*Preparing outreach/training on heating/hot water ordinance for June 2023*CCRPC has included Walk/Bike Master Plan in draft FY '24 budget*I‐89 bike/ped bridge connections project continuing*Re‐launch of ebike share program being planned for Spring 2023With FY24 budget consider staff capacity to implement*FY 2024 Budget includes options for Council funding of Climate work*City Manager presented options for Council consider regarding staffing/funding Climate Action Work; Council to continue discussion in April*Limited existing staff capacity to implement*Will continue to be part of ARPA or other conversationsCity of South BurlingtonUpdate #3(May 2023)Report #3 (May 15, 2023)Climate Action PlanApproved: August 15, 2022FY23 Policy Priorities & StrategiesUpdate (December 2022)Update #2(February 2023) Communicate widely on the CAP and strategies *Staff has posted adopted Plan to website, announced via City News, and published an article in the Other Paper discussing the CAP*Updates being provided via City platforms*City Plan 2024 Community Conversations series includes a session on Climate Change & Energy*Regular updates in City News*Core subject area in CityPlan 2024Develop publicly available reporting on CAP Sustainability Report provided to CouncilAdditional capacity neededAwaiting capacity. No update Implementation Strategy DescriptionLaunch the Chittenden County Public Safety Authority with partnersReceived over 2 million in grant funding to support start up costs. Trying to find funding source to close the gap on final million needed.Project experienced a set back when the Town of Colchester voted not to fund FY 24 contributions. We are working to find alternative paths forward. Project is on hold while we wait to see if any progress is made as the 2023 State Legislative session comes to an end. South Burlington though is updating our communications center, working with Burlington on a shared services agreement for computer aided dispatch and will be looking to partner with one or two area departments.Illuminate Vermont Artisan Festival to promote City Center, support local hospitality industry and Vermont artisansIlluminate Vermont is in full planning mode as the event is planned for December 16 and 17 4:00‐8:00pm. Secured grant funding from the state, matched by city council allocation and community sponsors. BTV is our headline sponsor supporting this event. Illuminate Vermont was a success. 750 in attendance for the first night and over 1600 in attendance the second night. Staff are finalizing the actual budget and preparing the grant report. Agreement that we will do the event in 2023 with some adjustments and additional sponsorship dollars. Dates to be determined by end of February 2023 to start shopping sponsorships.Ilona and Holly met to discuss option for continuation and are putting together ideas and modest budget to support a one day late fall festival for this yearSupport and create affinity spaces for South Burlington residents, employees and business ownersNo action yet. Initial meetings have kicked off; the group has agreed to meet monthly to identify needs, direction and community outreach.*A group is meeting to co‐host a women in business event. *Library was been used for a men's group and staff continue to make individual contacts that may lead to hosting additional groups.Update #3(May 2023)Opportunity Oriented*Support a diverse and vibrant economy built on quality jobs, employment centers and a supportive educational and research system; support markets for local agricultural and food products.Being a supportive and engaged member of the larger regional and statewide community.City of South BurlingtonFY23 Policy Priorities & StrategiesApproved: August 15, 2022Report #3 (May 15, 2023)Update #2(February 2023)*Prioritize development that occurs within the community into the higher intensity areas identified within this PlanRole of City Manager and Leadership Team Update (December 2022)"This is how we are accomplishing this vision." Implementation Strategy DescriptionPlan for Recreation Center future (assess community interest, new facility, existing spaces, etc.)Project has not advanced pending Council direction.Project has not advanced. Awaiting prioritizing. Project has not advanced. Awaiting prioritizing. SBPD will continue to be a leader in recognizing bias in policing and establishing meaningful relationships with the immigrant community. This work includes education for staff and leveraging the partnership formed with our cultural brokers.During November of 2022 Dr. Avila trained all SBPD staff in biases, microaggressions, macroaggressions, and micro assaults. This was the second training evolution related to our goals of providing fair and impartial policing. *Library staff touring PD towards future partnerships.*Dr. Avila finished training all PD staff; CJC, Dispatch, Support Staff in baseline equity and inclusion education. *The Chief has continued to meet with all new officers during pre‐basic training for a screening of the 13th documentary. This is followed by a discussion on the history of police and racism in America. Land Development Regulations Updates: * Extend use of TDRs to higher density mixed use areas*Address density on smaller parcels in the SEQ*Begin to zoning in historically single‐family neighborhoods to allow for thoughtful infill and mix of housing types*LDR amendments extending TDRs to higher density mixed use areas adopted by Council 11/21/2022*Commission initiating Comprehensive Plan‐level discussion of historically single‐family neighborhoodsDiscussions underway as part of Comprehensive Plan conversations.*Have been having discussions on historically single‐family neighborhoods during Comprehensive Plan work*Have been tracking S.100 which may change landscape; has fostered local discussions of these topicsUpdate #3(May 2023)City of South BurlingtonFY23 Policy Priorities & StrategiesApproved: August 15, 2022Report #3 (May 15, 2023)Affordable and Community Strong*Actively plan for public spaces throughout the City, including public open spaces and public art, such that these spaces can be utilized daily and also for special community‐oriented events.*Ensure transparent and accessible government.Update #2(February 2023)Creating a robust sense of place and opportunity for our residents and visitors.*Establish vibrant streetscapes, civic spaces, public art and public facilities in the Central District and City Center.Role of City Manager and Leadership Team Update (December 2022)"This is how we are accomplishing this vision."*Provide quality public safety, infrastructure, health, wellness, and recreation services*Be affordable, with housing for people of all incomes, lifestyles, and stages of life*Keep unique features, and maintain or enhance the quality of life of existing neighborhoods*Be a recognized leader in public education offerings and outcomes*Take into account the quality of life of residents, employees, and visitors in the development of City policies, plans, projects, and regulations Update our Pavement Condition Assessments (PCI) scoring and use this to guide future street paving. Create a system for determining where we will spend paving dollars that is transparent and equitable.PCI software was purchased and configured to include our streets and shared use paths. Our next steps are to update the data so that the software can help us generate a plan.We have started entering past year's paving information to update the software. We anticipate this being complete in late February. We'll then identify priority areas for re‐evaluation and make a plan for collecting the information necessary to update the model.CCRPC interns will inventory and update all PCIs on roadways and SUPs during summer 2023. Existing PCI is now entered into the software.Modernize rules and regulations on dogs and common spaces for dogsNot yet started Common Areas for Dogs Committee has drafted new rules within dog parks and is reviewing ordinances ahead of making recommendations.Rules have been included on the new signage at Wheeler and will be placed at Farrell as that park project progresses. Reviewing ordinances is on‐going in the CCAD committeeDevelop a policy on when the City assumes ownership for privately developed parks, open spaces, and roads (rec paths and sidewalks), and ensure maintenance resources are developedDPW Standards are being developed to improve processes for construction, as‐built drawings, and inspection processes before ownership transfer can occur.A first draft was prepared, but needs inter‐departmental review and coordination.A draft policy is included in the DPW standards, which will be completed in FY23.Plan for the transformational and effective use of ARPA funding*Survey completed and presented to Council in September*November 30th Council meeting to hear from Committees*Step down of ARPA investment in FY24 budgetCouncil heard from the Committees on November 30th. Council received recommendations as part of the FY24 budget process. Decisions will be made once the new Council is seated. Council reviewed ideas on May 1, 2023. Conversations will continue in the months to come. Increase programming for underserved populations All three elementary schools have brought their English language learning (ELL) families to the library for card sign up and tours of the KidSpace. ESL discussion group has added new members. Recreation and Parks Department hosted three pop up events in the THC housing facilities and continues to work with all school counselors to support scholarship opportunities for children registering for programs. Recreation will continue to plan for summer Pop events at the CHT buildings and is working with school counselors at each elementary school to support program and camp registrations. We are hoping to attend a joint principals meeting in the near future to talk about services and how we can best connect with the underserved school age population. *Library in conversation with service providers for disabled adults regarding collaboration on a regular program; tenant skills workshop; DIY bike repair; planning financial skills workshops with CVOEO.Orient our eligible South Burlington neighbors to the Airport's noise mitigation funds and efforts Not yet started Not yet started*Have initiated regular communication with Airport staff on a range of topics including need for greater communication on mitigation funds Hubbard Natural Area: Complete design phase and prepare bid documentsWork with consultants is on‐going for recreation path, parking area, viewing area, and stormwater.Permitting work has progressed, specifically related to Act 250 and stormwater.Design work is ongoing. Preliminary plans and estimates are complete. Implement a body worn camera program in addition to the cruiser camera program. *Coordinate public records requests advancing the principals of both transparent and accessible government. The department's body worn camera program has been fully deployed. Professional staff are responding to requests for this data and are becoming fluent in the redaction software and related law. The cruiser camera technology which is fully integrated with the body worn camera technology is slated for delivery / deployment in March of 2023. This delay has been attributed to global supply chain. *This project is complete; 40 body worn cameras and 12 cruiser cameras which is a fully integrated system that automatically stores the data in the cloud. Additionally, our Public Records Custodian has developed a public facing request form (digital) for this data which is subsequently shared via a time limited link. Increase Community Gardens throughout the community Need to identify land for this project In the process of looking at land for this use and identifying ways to forward this work with an intern program.Nothing tangible to date, though we are looking at options for installation of raised beds at Jaycee where the building was taken down as there is water access. Collaborate on providing community services: *Coordinate marketing efforts with Rec and Library, Pop Up Events with Schools, CHT facilities*Launch remote service delivery*Support Green Up Day by coordination of in Park events*Weed Warriors and DPW collaborate on work at Parks and Cemeteries*Library staff present monthly at the Senior Center luncheon. * Coordination of Rec and Library to request ARPA funds to support remote service delivery vehicle. * Three weed warrior events were hosted in our natural areas this fall. As Rec Brochure comes on line Feb 15, program staff will work together to identify events/programs that make sense for collaboration. In addition, proposed quarterly "programming" meeting between Library and Recreation to look ahead and continued partnerships. *Library and Rec in conversation re building out some one‐time library programs into 4‐6 week classes. Working on shared marketing strategies and perhaps a combined summer camp for end of camp season next year. Successful completion of Green Up Day.Adopt a policy to refer a majority of misdemeanor crimes to the Community Justice Center. *Ensure equitable opportunity to justice involved persons and fully embraces the use of restorative practices to address crime and disorder in the City.*As part of FY24 budget consider ways to sustainably fund efforts. *PR‐322 Alternative Prosecution was published on 07/01/2022. This policy identified 14 misdemeanor crimes which are direct referrals to the CJC for restorative justice.*Explore the use of Opioid settlement funds to support CJC operations.Program data for January 2023 showed that 60% of the persons referred to the CJC completed their case successfully. This alleviates the strain on the traditional CJ system and leverages restorative practice to address crime which is much more effective for victims and the community. * Project is complete. Staff is currently working with DOC on what future funding for CJCs will hold. *FY 25 budget will likely need to provide a municipal funding stream to keep our CJC sustainable. South Village Field: Determine future use and work with developer on constructionInternal Staff discussion of potential design elements for this park that are outside of the approved design (currently a youth size soccer field with parking amenity and rest rooms). Proposals for a community garden facility, accessible playground and bike ride launch have topped the list. Working on proposal to submit to developer and coordinating with Rec Impact Fee language.No update at this time.No update at this time.Design and find funding for a new Book/Rec Van service *Rec and Library have worked together to design a vehicle that meets both needs, and service delivery plan that does the same. Project will be presented for ARPA funds by Trustees.Awaiting City Council decisions about ARPA funds.Awaiting City Council decisions about ARPA funds. To date, no other funding options are being explored. Implementation Strategy DescriptionComplete the FY23 CIP projects prioritized for the Penny for Paths funds All FY23 P4P projects are underway with 1 complete, 2 in ROW, and the remainder in design.All FY23 P4P projects are underway with 1 complete, 2 in ROW, and the remainder in design.*Crosswalk on Kennedy Drive near W Twin Oaks is complete. *Williston Road crosswalks are scheduled for completion this summer. *Jaycee Park RRFBs for new crosswalk have been ordered. *Work on Dorset shared use path (SUP) and Spear Street SUP is ongoingComplete Transportation Demand Management RegulationsNot yet started Have reached out to consultant to re‐start work in March 2023*Held kick‐off meeting; updated scope of work being prepared. Target completion late summer 2023Consider UPWP applications to build out bike/ped infrastructure to create an accessible network for all residents *Complete FY23 efforts *Apply for FY24 support*Focus on pedestrians *All FY23 approved UPWP projects have been kicked off and are underway.*Staff is developing recommendations for FY 2024 to go to Planning Commission and Council December / January*Work continues on all FY23 approved UPWP projects.*FY 2024 UPWP project applications have been submitted, including bike/ped master plan UPWP application submitted. Waiting on notice that our projects are approved.Complete Transportation Impact Fee update Paused for other priorities Have reached out to consultant to re‐start work in March 2023*Held kick‐off meeting; updated scope of work being prepared. Target completion late summer 2023*Develop a safe and efficient transportation system that supports pedestrian, bicycle, and transit options while accommodating the automobile*Establish a city center with pedestrian‐oriented design, mixed uses, and public buildings and civic spaces that act as a focal point to the community.Update #3(May 2023)WalkableCity of South BurlingtonFY23 Policy Priorities & StrategiesApproved: August 15, 2022Report #3 (May 15, 2023)Update #2(February 2023)Bicycle and pedestrian friendly with safe transportation infrastructure.Role of City Manager and Leadership Team Update (December 2022)"This is how we are accomplishing this vision." Implementation Strategy DescriptionMitigate Dog waste through installation of more mutt mitt stationsProposal from Dog Park Committee to install series of waste stations‐ funded in proposed FY24 CIPAdditional waste stations in the approved budget from CC; awaiting voter approval in March.Voter approval, funds will be available in FY24Improve management/maintenance of City‐owned Natural Areas and Public Parks*Review and update current Open Space Fund parameters*Create City Open Space Management Plans *Develop funding strategy for ongoing maintenance of City‐owned landsPaused for other priorities Proposed budget includes an additional parks maintenance employee.NRCC has requested ARPA funds to move forward with an Open Space Master Plan. No additional work has been completed on Open Space Management Plan. The Open Space and Transportation Project Manager position remains unfilled.Review and consider changes to the City's Emerald Ash Borer PlanStaff is discussing tree maintenance with NRCCStaff continued to work on this topic with the NRCC. City arborist met with and provided info to NRCC. The City obtained a grant to support planting of trees to replace existing Ash trees in the ROW. An additional $50,000 for this work was proposed in the FY24 budget. Once funding is known, a reliable plan can be developed.The City received $12,000 in grant funding to do additional tree planting (i.e. interplanting) as part of the Ash Tree program.Complete Auclair conservation plan and Wheeler management update*Staff is working with VLT to prepare the Auclair conservation*Council approved outline of MOU with Vermont Land Trust and affirmed funding; staff developing final language for City managerNo update.City of South BurlingtonFY23 Policy Priorities & StrategiesApproved: August 15, 2022Report #3 (May 15, 2023)Green & CleanEmphasizing sustainability for long‐term viability of a clean and green South Burlington*Promote conservation of identified important natural areas, open spaces, aquatic resources, air quality, arable land and other agricultural resources, historic sites and structures, and recreational assets*Reduce energy consumption city‐wide and increase renewable energy production where appropriate.Update #2(February 2023)Update (December 2022)"This is how we are accomplishing this vision."*Climate Change ResolutionRole of City Manager and Leadership TeamUpdate #3(May 2023) Prepare for an Chloride TMDL by instituting winter maintenance best practices and working with the private sector on their SOPs. No update No UpdateNo update.Bond vote for refurbishment of the Bartlett Bay Wastewater Treatment Facility.Vote is planned for March 2023. Working with legal staff to prepare a bond schedule and bond language.Bond vote is on TMD ballot. Staff is conducting community outreach / education on this item.Bond vote passed. Working to retain an engineer for final design. Implementation Strategy DescriptionUpdate permitting systems and processes:*Provide technology to streamline processes*Build an expedited pathway for Sustainable Energy Projects*Support efficient DRB review*Staff has met with a pair of vendors; beginning to put together RFPPending staff capacity.Pending staff capacity.If the following ordinances are considered by the Council, develop an education, regulation, and enforcement team to implement. These new ordinances could include:*Rental Registry *Housing/Short‐term Rentals (AirBnb) ordinance* Ordinance requiring all new buildings to have a "renewable primary heating system"*Energy Inspections*Fire Department will be supporting the new ordinance on renewable primary heating systems. Stand ready if additional resources provided to support a rental registry.*Current ordinance includes self‐certification language*FY24 Budget suggests an enforcement team in future yearsCity team has been established to review potential options for a rental registry and the regulation of short/long term rentals. Plan is to bring Council some options in April 2023.City Team is finalizing draft ordinance after receiving council feedback in April. Plan to deliver final draft of the ordinance and a budget estimate for the program in May 2023. Consider charter changes related to governance Charter Committee meets monthly and is staffed by the City Manager and City Attorney. To date they have heard from manager and mayoral professionals from other communities.Charter Committee continues to meet. Outreach and community engagement will start after Town Meeting Day. Charter Committee has launched their community engagement efforts. Details can be found here: www.tinyurl.com/sbgov. It is anticipated that they bring recommendations to the Council in early September. Update #3(May 2023)City of South BurlingtonFY23 Policy Priorities & StrategiesApproved: August 15, 2022Report #3 (May 15, 2023)Core Municipal Services and AdministrationUpdate #2(February 2023)Role of City Manager and Leadership Team Update (December 2022)"This is how we are accomplishing this vision." Focus on equity and inclusion *Adopt a Declaration of Inclusion*Conduct staff training*Explore ways to improve our equitable community engagement*Complete a library collection diversity audit and review collection development guidelines for new purchase*Social Equity in Programs: As part of the FY24 budget, discuss increase in scholarship funding, fundraising efforts to enhance scholarship fund, develop pricing pyramid to allow for some free programming in each age grouping*Declaration of Inclusion was adopted in July 2022*The City engaged Dr. Mercedes Avila in providing the training "Structural Competence and Cultural Humility" for all City staff. This will be completed in December 2022.*Staff applied for and was accepted into the State's IDEAL program (https://racialequity.vermont.gov/ideal‐vermont)* Library used direct ARPA funds to do an audit and to use that audit in moving our collections towards inclusion. Use of collections will be monitored towards enhanced publicity and display as needed. *Planning Commission and Council approved submittal of Vermont Municipal Planning Grant request to create an Equity Framework for planning projects* Outreach and contracting (where feasible) for Illuminate Vermont focused on hiring and including BIPOC communities in messaging, as performers and vendors.*Black History month displays*Abenaki Seed Swap speaker* City Manager and HR Director actively participating in IDEAL Vermont monthly meetings.* The Library is sponsoring discussions of "The Most Costly Journey", one with City employees and one with citizens.*HR Director was interviewed and be a panel member for the Asian, Asian‐American, Pacific Islander Heritage Month sponsored by the State of Vermont Human Rights Commission and the State of Vermont Racial Equity Committee.* Library has secured with Howard and UVM a social work intern for 10 hrs per week in Fall. *Library outreach to various agencies and non‐profits to create collaborative relationships towards planning and promoting programs to their service populations.*New additions to library collections continue to be inclusive and representative of diverse cultures ‐ see new book displays.*Library staff training on unhoused populations, Narcan, using displays to recognize and welcome people from all backgrounds, censorship trends.Modernize the City's Personnel Policies and Practices*Update Personnel Handbook*Focus on recruitment and retention to better reflect our community*Complete a wage classification and market rate study*Focus on onboarding, orientation, and cross‐department collaboration*Institute an annual review process and Staff Development Program with staff input*On hold pending a new HR Director*Library has initiated a new orientation checklist based on new employee feedback. *Working with employment law attorney on updating Personnel Policies ‐ project in initial phase.*Continuing work with an employment law attorney on updating Personnel Rules and Policies.* Revised and updated New Employee Orientation program and scheduled quarterly sessions.*Updated Job Opportunities website*Streamlined and revised criminal history/background check process and procedures.Strategically align our Capital Improvement Plan to community objectives and current infrastructure upgrades needed by creating a scoring system, applying realistic funding goals, and better communicating planIn part accomplished with the proposed FY24 CIP.A scoring and prioritization tool is under development. It will be vetted and implemented as part of the FY25 CIP development process.A scoring and prioritization tool is under development. It will be vetted and implemented as part of the FY25 CIP development process.Develop a process for handling requests for speed studies, traffic counts, stop signs, traffic calming and related requests. Ensure that the process is transparent and equitable.Traffic request process is being developed with Stantec as the consultant.A first draft of this document been prepared and reviewed by staff.A procedure has been developed and presented to council. Staff is moving forward with project prioritization of existing requests. Consider establishing or joining a Communications Union District to improve broadband servicesVoters approved on Election Day in NovemberPartnering with surrounding communities on implementationCUD Board was established. City Manger and City Attorney are currently the representatives on the Board. A $300k grant was received to study feasibility.CUD is in the process of hiring a consultant to support RFP for wholistic service provisionDetermine the City's short (1‐3 years) to medium (3‐5 years) term data and GIS needs and determine how best to implement for our staff and residentsProposal is in the FY24 Budget GIS/Data Analyst position proposed in FY24 budgetGIS/Data Analyst job description in development and will be posted in June 2023Consider lenses with which City decisions are made (climate, equity, fiscal/affordability, sustainability, and others) Not yet started Not yet startedWill be outlined with Comp PlanComplete a utility rate study to ensure our wastewater and drinking water rates can appropriately fund the required maintenance of our existing system and can pay for future capital needs. Work on a rate study was initiated and data collection is underway.Work continues. Anticipating more information before the next update.Work has paused due to other priorities.Complete project to review the City's municipal ordinances and modernizeOn hold pending executive team staffing and Council priorities*Review of draft proofs of all updated ordinances is underway. City Attorney is coordinating with Municode, the company the City has contracted with to help us with this project. Slow progress due to other prioritiesComplete project to put land records online Make the land records available for research from outside city hall. Will be for a fee to help protect both citizen's privacy as well as keep the revenue stream for the city.Work continues with the goal of completion this summer. Work continues with the goal of completion this summer. Develop and implement a Fire/EMS Strategic Plan Strategic planning session scheduled for spring 2023.Strategic planning session will be held March 20 ‐ 23, 2023. Invites for public participation will be send out shortly.Held strategic planning workshop in March and have received the draft document. Working with an internal stakeholder group to complete the document and plan to present to council in June. Consider increasing the size of the Planning Commission for consideration on Town Meeting Day 2023Planning Commission and Charter Committee recommended not making this change Approved: August 15, 2022 For consideration and prioritization in future years. Ideas Hire a lobbyist to work on the City Council's state policy agenda Partner with Burlington for a Regional Tech Center City pledge to not to use herbicides or fungicides on South Burlington parks, recreation or other owned property and to encourage property owners to do the same. Work with public/homeowners to educate about maintaining backyard stream/wetland buffers Explore updating the City's Noise and Nuisance ordinances and related LDRs Consider a graffiti ordinance and/or response plan Develop a policy for abandoned properties Develop a knotweed eradication program Consider a policy on camping/domicile on public property or encampment policy to best serve our neighbors and our property Consider a Resident Parking Ordinance and/or a Winter Parking Ban and enforcement mechanisms City of South Burlington FY23 Policy Priorities & Strategies Bike Rack 180 Market St South Burlington, VT 05403 802-846-4105 May 15, 2023 The following 2023 third class liquor and tobacco licenses were approved by the South Burlington Liquor Control Board on May 15, 2023 after review by the City tax, fire and police departments: NAME DESCRIPTION Aviation Deli & Fine Foods LLC. Tobacco License Higher Ground Third Class Club Hudson “CAN” Tobacco License SOUTH BURLINGTON LIQUOR CONTROL BOARD Helen Riehle Meagan Emery Tim Barritt Tyler Barnes Andrew Chalnick