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HomeMy WebLinkAboutAgenda - City Council - 02/03/2020AGENDA SOUTH BURLINGTON CITY COUNCIL South Burlington City Hall 575 Dorset Street SOUTH BURLINGTON, VERMONT Regular Session 6:30 P.M. Monday, February 3, 2020 1.Pledge of Allegiance. (6:30 – 6:31 PM) 2. Instructions on exiting building in case of emergency. Kevin Dorn (6:31 – 6:32 PM) 3.Agenda Review: Additions, deletions or changes in order of agenda items. (6:32 – 6:33 PM) 4.Comments and questions from the public not related to the agenda. (6:33 – 6:43 PM) 5.Announcements and City Manager’s Report. (6:43 – 6:58 PM) 6.Consent Agenda: (6:58 – 7:00 PM) A. *** Consider and Sign DisbursementsB. *** Approve minutes for October 21st, December 11th & 16th, January 13th & 21st C.*** Approve the Stormwater System Maintenance Agreement with Dorset Street Associates,LLC in connection with Sommerfield AvenueD.*** Accept Irrevocable Offer of Dedication for Sommerfield AvenueE.*** Accept Presentation of the TIF Annual Report and certification of the increase in taxablevalue of the City Center Tax Increment Financing District. 7. Presentation on the status of the South Burlington Retirement Plan - Eric Schait, Newport Group(7:00 – 7:30 PM) 8.*** Presentation on a recommendation by the South Burlington Public Art Selection Committee andconsider approval of a resolution to commission a work for 180 Market Street from PhilipGodenschwager. (7:30 – 7:50 PM) 9.*** Council discussion and possible action committing Local Option Tax revenues derived from theTax on Aviation Fuel and further consideration of a proposed Memorandum of Understandingbetween the cities of South Burlington, Winooski and Burlington related to matters concerning airportoperations and noise. Kevin Dorn (7:50 – 8:05 PM) 10.*** Receive proposed amendments to Land Development Regulations #LDR-19-13A and LDR-13Bfrom Planning Commission; consider warning public hearing on same – Paul Conner. (8:05 – 8:20PM) 11.*** Council discussion on a request from residents for the construction of a noise barrier alongInterstate 89 – Kevin Dorn (8:20 – 8:35 PM) 12. ***December Financials- Tom Hubbard (8:35 – 8:45 PM) 13.Reports from Councilors on Committee assignments (8:45 – 8:55 PM) 14.*** Consider convening as the South Burlington Liquor Control Commission to approve the following:(8:55 – 9:00 PM) Green Mountain Suites Hotel First Class Restaurant/Bar License 15. Other business (9:00 – 9:05 PM) 16. Adjourn (9:05 PM) Respectfully Submitted: Kevin Dorn Kevin Dorn, City Manager *** Attachments Included Issues raised by Councilors or the public that have not been on a prior meeting agenda: 1.Cost of development/cost of open space. Issues that have been discussed by the Council where further action is pending: 1.Street light policy.2.Airport noise survey.3.Evaluate water billing and rate structure. South Burlington City Council Meeting Participation Guidelines City Council meetings are the only time we have to discuss and decide on City matters. We want to be as open and informal as possible; but Council meetings are not town meetings. In an effort to conduct orderly and efficient meetings, we kindly request your cooperation and compliance with the following guidelines. 1.Please be respectful of each other (Council members, staff, and the public). 2.Please raise your hand to be recognized by the Chair. Once recognized please state your name and address. 3.Please address the Chair and not other members of the public, staff, or presenters. 4.Please abide by any time limits that have been set. Time limits will be used to insure everyone is heard and there is sufficienttime for the Council to conduct all the business on the agenda. 5.The Chair will make a reasonable effort to allow everyone to speak once before speakers address the Council a second time. 6.The Chair may ask that discussion be limited to the Councilors once the public input has been heard. 7.Please do not interrupt when others are speaking. 8.Please do not repeat the points made by others, except to briefly say whether you agree or disagree with others views. 9.Please use the outside hallway for side conversations. It is difficult to hear speaker remarks when there are otherconversations occurring. CITY COUNCIL 13 JANUARY 2020 The South Burlington City Council held a regular meeting on Monday, 13 January 2020, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: H. Riehle, Chair; M. Emery, T. Barritt, T. Chittenden, D. Kaufman Also Present: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; A. Bolduc, City Attorney; Chief S. Burke, Police Department; Chief T. Francis, Fire Department; J. Rabidoux, Director of Public Works, P. Conner, Director of Planning & Zoning; H. Rees, Recreation Director; J. Murray, Librarian; D. Bugbee, Library Board of Trustees; S. Dory, D. Marshall, E. DeCosta, R. Greco, P. Lusier, S. Barton, K. Datillio, S. Marchesault, J. Duncan, J. Nadeau, L. Waters, J. Worthley, C. McNeil 1.Instructions on exiting building in case of emergency: Mr. Dorn provided instructions on emergency evacuation of the building. 2.Agenda Review: Additions, deletions or changes in order of agenda items: No changes were made to the Agenda. 3.Comments and Questions from the public not related to the agenda: Ms. Greco: Asked the Council to put the Climate Change Pledge into action and to do something as a city. She felt decisions should be measured as to how they address climate change. She also felt growth should not be a focus, but that the focus should be on maintenance and sustainability. Ms. Decosta: Addressed the Council regarding an event on January 22-23 to help address homelessness and count the homeless. She noted that many of the homeless in the county are not in sheltered facilities. The aim of the Homeless Alliance is to find as many of these people and to help connect them to a path to housing. Mr. Dorn noted that Chief Burke will be assigning officers to this effort. 4. Announcements and City Manager’s Report: Council members reported on meetings and events they had attended in recent weeks. Mr. Dorn: The Garden Street Apartments ribbon cutting took place today. Credited Sen. Michael Sirotkin with efforts to get affordable housing legislation through the State Senate. Congressman Welch will be touring Market Street on 21 January, 11:45 – 3. The Council’s next meeting is on Tuesday, 21 January, 6:30 p.m. It will include a number of financial reports. CITY COUNCIL 13 JANUARY 2020 PAGE 2 The Steering Committee will meet on 22 January, 6 p.m., in the Library of the Middle School. There will be an update on CCPSA at an upcoming meeting. Praised the efforts of the Federal Highway people, the Governor, colleagues in Williston, ECI who helped to reopen the bridge 10 days ahead of schedule. Mr. Dorn particularly recognized Justin Rabidoux for his efforts to get this done. Mr. Dorn also stressed that this is a temporary fix. 5.Public Hearing on Interim Zoning Application #IZ-19-05 of Ninety-Nine Swift Street Associates, LLC, to construct a 3-story, 7300 sq. ft. footprint residential building with supporting infrastructure on a vacant lot, 105 Swift Street: Ms. Emery moved to open the public hearing. Mr. Chittenden seconded. Motion passed unanimously. Mr. Marshall gave members an ortho photo of the property and surrounding properties. He noted that the former building on that lot has been torn down. The plan is to include 24 parking spaces on site but also to utilize parking on the adjoining lot, which has the same owner. Mr. Barritt asked about a possible connection to Farrell Park. Mr. Marshall said there could be a wooden bridge to cross the stream. The proposed building would contain 20 residential units. There would be common space on the first floor. The 20 units will include some affordable units. They will at least meet or exceed Act 250 Energy Code standards. Mr. Marshall noted that they would have gone higher, but they would then not meet the height requirement. The adjacent building also has 3 stories. The building will be set back 30 feet from the road and will line up with the front of 99 Swifts St. Ms. Riehle asked about a play area. Mr. Marshall said they are limited because of the wetland, but there will be an active area. CITY COUNCIL 13 JANUARY 2020 PAGE 2 Mr. Kaufman expressed a concern with traffic and the challenge to pull out and turn left at busy times. Mr. Marshall said that is why they are proposing the second curb cut. Ms. Riehle asked what trees will remain. Mr. Marshall said they will retain as many as possible. He noted that the saved trees are indicated on the plan. Mr. Lusier said he would like a fence on the property line between this property and his. He also agreed with the traffic issue. Ms. Greco cited the use of fossil fuels during construction. The applicant indicated the intention of complying with LEED standards and would try to secure materials from nearby. Mr. Barritt moved to close the public hearing. Ms. Emery seconded. Motion passed unanimously. 6.Consent Agenda: a.Consider and sign disbursements b.Approve Minutes for November 4th & 8th and December 2nd c.Approve Better Roads Grant Application for Kimball/Marshall Avenue Culvert Replacement Mr. Barritt asked the worst case scenario for cost of the Culvert. Mr. Dorn said the total is in the grant. They are also applying for more grants. Costs will be shared equally with Williston. Ms. Riehle asked how long the bridge would be closed for construction. Mr. Rabidoux estimated a 3-4 week range. The culvert will be the same style as the one on Market Street. Mr. Barritt moved to approve the Consent Agenda as presented. Mr. Kaufman seconded. Motion passed unanimously. 7.Review and possible approval of a resolution related to parking and no parking areas of South Burlington: Mr. Bolduc noted this is a compilation of a number of previous ordinances for parking in specific areas of the city. The only exception is Brookwood Drive, which is new. Mr. Bolduc noted there is interest in creating a mapping of this, possibly over the summer. CITY COUNCIL 12 JANUARY 2020 PAGE 4 Ms. Emery moved to approve the resolution related to parking and no parking areas as presented. Mr. Barritt seconded. Ms. Barton said she would be particularly affected by the one-side-of-the-road parking. Mr. Dorn noted that Dr. Schwartz was willing to look for other places for his staff to park, and the hope is to have some ideas within the next few weeks. Ms. Barton asked about “residents only” parking. Ms. Emery said that would be a long-term solution. Mr. Dorn stressed that the major interest here is access for emergency vehicles. Mr. Datillio felt that this just pushes Dr. Schwartz’s employees further down the block. He said it is not right to have a business parking in a residential neighborhood. He said that residents of the new building park their cars on the street during the day and then in the parking lot at night to avoid the parking ban. Mr. Chittenden supported staff’s approach to this and felt there would be more of these issues in the future. He felt that “residents only” parking should be looked into. Mr. Barritt noted there are 40 unused parking spaces behind the Sears building. Ms. Marchesault said people park at the edge of driveways and trash collectors can’t access the trash to be picked up. Ms. Barton said they had told the DRB there wouldn’t be enough parking for the medical building. Mr. Dorn noted they are not using all of their parking spaces. In the vote that followed, the motion was approved unanimously. 8.Council review and discussion and possible approval of FY21 proposed Enterprise Funds Budget: Mr. Duncan of CWD said that because they are a wholesaler, they treat and deliver water. The proposed CWD budget for FY21 is $3,400,000. They are proposing a rate of 2.313 per 1000 gallons. There will also be a $3,500,000 bond item on the March ballot for two projects: an Essex pump station (which affects water pressure and has been identified as a “deficiency,” and the Colchester South Tank Loop which provides redundant feeds to other communities. There would be no tax increase to the tax rate because of these projects. CITY COUNCIL 13 JANUAR 2020 PAGE 5 Mr. Rabidoux said the city’s water budget for FY21 is $2,800,000, a 3% increase, which would increase the water cost by about $7.00 for the year for the average user. Mr. Duncan noted that CWD will be hiring 2 new people, one specifically for South Burlington. Mr. Chittenden suggested looking at a billing system that would encourage people to conserve water. Mr. Rabidoux noted the district now has a new on-line bill paying option. Regarding Stormwater, Mr. Rabidoux that the taxpayer would pay $1.44/year more to cover a 1.75% increase. A 3.9% sewer increase would cost the average taxpayer $13.00 for the year. Mr. Rabidoux noted they are entering into the expensive phases for a Bartlett Bay Sewer Treatment Plant upgrade. The 1999 upgrade expires this year. Mr. Kaufman moved to approve the Enterprise Fund proposed FY21 budgets as presented. Ms. Emery seconded. Motion passed unanimously. 9.Council Review, discussion and possible approval of FY21 draft General Fund Budget: Mr. Hubbard said the total FY21 General Fund Budget being proposed is $26,348,221. He then reviewed the major considerations for this budget including sensitivity to the tax rate, maintaining current level of services and meeting contractual obligations. Factors contributing to the budget include the CIP, a 10% increase in health insurance, agreements with the bargaining units, new positions, $10,000 to start a stabilization fund, 3 general elections, winter salt, a landscaping contract for parks), public safety overtime, and insurance. Revenue factors include an estimated Grand List increase of 1%, an added $260,000 from local option taxes, road permits, recording fees, use of special funds (grant money, impact fees, etc.). The annual savings from energy-saving projects will be applied to a power factor capacitor and an outlet turbine, which will result in additional future savings. The tax increase for the average condo is $41.78 for the year. The increase for the average single-family home is $60.69. Regarding the roof on the Wheeler building, Mr. Hubbard noted that the new estimate is $65,000 (the original estimate was $120,000). $10,000 is needed for urgent repairs to be done now. This reduction would lower the tax rates for the condo owner to about $37 and the single-family home owner to $54 for the year. CITY COUNCIL 13 JANUARY 2020 PAGE 6 Mr. Rabidoux noted that one of the proposed new employees would be for park maintenance. Ms. Murray noted that the Library would be making 2 part time positions full time, a gradual increase to accommodate what will be needed in the new Library. They are also planning to go out more into the community (e.g., day cares, senior residences, etc.). In order to keep trained, quality staff, people need full time jobs. Ms. Bugbee said the Library Board of Trustees supports the budget, particularly the effort to keep high-quality staff. Ms. Riehle thanked Department Heads for thoughtful, reasonable increases. She noted there is still the concern with the School budget and proposed bond issue. Ms. Emery moved to approve the proposed FY21 General Fund Budget as presented. Mr. Kaufman seconded. Motion passed unanimously. Mr. Dorn recognized the work of Mr. Hubbard and Ms. Dory for their hundreds of hours of work on the budget. 10.Liquor Control Board: Ms. Emery moved that the Council convene as Liquor Control Board. Mr. Chittenden seconded. Motion passed unanimously. Members considered the following application: Hannaford Supermarket and Pharmacy – request to move location of liquor license from 218 Hannaford Drive to 935 Shelburne Road, Suite 300 Mr. Chittenden moved to approve the relocation of the liquor license for Hannaford Supermarket and Pharmacy as presented. Ms. Emery seconded. Motion passed unanimously. Ms. Emery moved to reconvene as City Council. Mr. Chittenden seconded. Motion passed unanimously. 11.Reports from Councilors on Committee Assignments: Ms. Emery: The Open Space IZ committee will present its report on 23 January, 7 p.m. in the High School Cafeteria CITY COUNCIL 13 JANUARY 2020 PAGE 7 Ms. Riehle: The Airport Commission heard an update from Mayor Weinberger on the MOU. Christine Lott, Winooski Mayor, explained why Winooski would like to be included on the Airport Commission. There will be numerous events commemorating the 100th anniversary of the Airport in 2020. Groundbreaking for the hotel will take place in March. Mr. Chittenden: Has stepped down as Chair of Green Mountain Transit, but is still on the Board. A Transit App is now providing real-time bus location data. 12. Other Business: Ms. Riehle noted a request from a Queen City Park resident to speak. Ms. Waters spoke regarding the proposed development in Burlington and its effect on the Queen City Park neighborhood. She noted the City’s appeal of the zoning permit requests a traffic study. She hoped the city will continue to insist on this. Burton has said the Champlain Parkway would reduce the impact; however, that Parkway is dead for the time being as the environmental approval has been withdrawn. 13.Possible Executive Sessions: 1) to receive confidential attorney-client communications related to the pending appeal of City of Burlington Zoning Permits #20-0493CA and #20-0514CA and 2) the employment or evaluation of a public officer or employee: Mr. Barritt moved that the Council make a specific finding that premature general public knowledge of confidential attorney-client communications made for the purpose of providing professional legal services to the Council related to the city appeal of City of Burlington Zoning Permits #20-0514CA and #20-0493CA would clearly place the City at a substantial disadvantage. Ms. Emery seconded. Motion passed unanimously. Mr. Barritt then moved that having so found, the Council enter into executive session for the purpose of discussing the matter identified in the previous motion as well as for a second executive session, at the adjournment of the first, for the purpose of discussing the employment or evaluation of a public officer or employee, and to invite into the executive sessions Messrs. McNeil, Dorn, Hubbard, Worthley, Conner, and Rabidoux. Ms. Emery seconded. Motion passed unanimously. Following the Executive sessions, as there was no further business to come before the Council, Mr. Kaufman moved to adjourn. Mr. Barritt seconded. Motion passed unanimously. The meeting was adjourned at 10:50 p.m. ________________________________, Clerk CITY COUNCIL 21 JANUARY 2020 The South Burlington City Council held a regular meeting on Tuesday, 21 January 2020, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: H. Riehle, Chair; M. Emery, T. Barritt, T. Chittenden, D. Kaufman Also Present: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; A. Bolduc, City Attorney; I. Blanchard, Project Manager; S. Dory, P. Taylor, R. Smith, J. Quinn, P. Blizzard, E. Schait, S. Dopp, R. Greco, M. Cota, P. O’Brien, E. Langfeldt, N. Anderson, A. Strong,, L. Murphy, A. Hart, J. Nick, L. Waters, L. Smith, other members of the pubic 1.Instructions on exiting building in case of emergency: Mr. Dorn provided instructions on emergency evacuation of the building. 2.Agenda Review: Additions, deletions or changes in order of agenda items: No changes were made to the Agenda. 3.Comments and Questions from the public not related to the agenda: No issues were raised. 4.Announcements and City Manager’s Report: Council members reported on meetings and events they had attended in recent weeks. Mr. Dorn: The Steering Committee will meet on 22 January at 6:00 p.m. in the Middle School Library. Following that meeting, the City Council will hold a special meeting at 7:15 p.m. in the small conference room at City Hall. The Senate Finance Committee is meeting on Thursday regarding TIF amendments. Staff is working with Dr. Schwartz regarding parking issues on Brookwood Rd and Sherry Rd. Work is progressing on the Williston Road streetscape. 5.Possible executive session to receive confidential attorney-client communications related to the pending appeal of City of Burlington Zoning Permits #20-0493CA and #20-0514CA: Members discussed who would attend the executive session. Mr. Bolduc noted that in this particular case, the Council has broad discretion. Mr. Chittenden said he would like as much of this issue as possible to be heard in public. Ms. Waters and Mr. L. Smith noted they had information to share with the Council which they would not make public and asked to do this in CITY COUNCIL 21 JANUARY 2020 PAGE 2 executive session. Ms. Emery said she would like to invite those residents to the executive session to hear their strategy. Mr. Barritt moved that the Council make a specific finding that premature general public knowledge of: 1) confidential attorney-client communications made for the purpose of providing professional legal services to the Council, and 2) legal strategy related to the city appeal of the City of Burlington Zoning Permits #20-0514CA and #20-0493CA would clearly place the City at a substantial disadvantage. Ms. Emery seconded. Motion passed unanimously. Mr. Barritt then moved that having so found, the Council enter into executive session for the purpose of discussing the matter identified in the previous motion and to invite in Messrs. Dorn, Hubbard and McNeill and Laura Waters and Laurie Smith. Ms. Emery seconded. Motion passed unanimously. The Council entered executive session at 6:48 p.m. and returned to open session at 7:35 p.m. 6.Consider and possibly approve action related to the pending appeals of City of Burlington Zoning Permits #20-0493CA and #20-0514CA: Mr. Barritt moved to direct Attorney NcNeil to change the contract to the wording agreed upon in executive session for presentation to the Burlington lawyers on 22 January and upon both attorneys’ agreement, then withdraw the appeal. Mr. Chittenden seconded. Motion passed unanimously. 7.FY19 Audit Presentation: Mr. Smith referred to the study done by Ethan Allen Institute of the financial health of communities in Vermont. He noted that the study focused on the General Fund balance which is why South Burlington placed as low as it did. The study did not take into account such assets as impact fees, reserve accounts, Enterprise Funds, TIF funding, etc., which, in South Burlington, amounts to about $8,000,000. Mr. Smith said South Burlington is at least “average” when those assets are figured in. Mr. Smith noted that South Burlington’s financial condition improved remarkably in FY2019. Instead of having only 10 days emergency reserve, the city now has 20 days. Revenues were also higher than expected, and there is $15,000,000 in equity in the TIF fund. CITY COUNCIL 21 JANUARY 2020 PAGE 3 The city still has an unfunded pension obligation which on 30 June was $7,800,000. This is probably average compared to other municipalities. Mr. Smith suggested the City have a plan to reduce that obligation. Mr. Hubbard said the city has taken some steps and he feels is doing OK with the pension plan. Ms. Riehle noted the School District is proposing a bond issue for $210,000,000. She asked if there is too large a debt for a community of South Burlington’s size. Mr. Smith said that the City would be allowed to borrow up to $3,000,000,000 (10% of the Grand List). The problem is when you borrow a huge amount, the city is looked at very carefully. Mr. Smith felt the Bond Bank would not be an option for so large a debt and he questioned whether such a large loan would even be doable. He suggested that the city could have a “debt policy” so it could look at things before an outsider does. Mr. Smith said he would reach out to the auditor who works with the School District. 8.Annual Report from Pension Fund Manager: Mr. Blizzard noted that the annual return in an election year is about 11%. He then reviewed the performance overview and noted that every asset class last year was positive though longer maturities did better. Technology, communications and financials all did well; energy did not. Some emerging regions in Europe also did very well. There are still trade and tariff wars ahead which hurts the market though Mr. Blizzard believes a recession is a long way off. South Burlington was up 19.5% for the calendar year 2019. It was up 7.9% for the first 6 months of the fiscal year. There was about $1,000,000 in disbursements, but even with that there was a positive of 6%. Ms. Riehle asked about investing in “sustainable companies.” Mr. Blizzard said that is an area for growth in the future, and there are managers going out for those companies. 9.FY19 Pension Valuation: Mr. Schait, the Actuary for the Pension Plan, said the city is not in bad shape compared to everyone else. Mr. Hubbard noted that all new employees are in a new plan which is more consistent with what other communities are doing. CITY COUNCIL 21 JANUARY 2020 PAGE 4 The city’s recommended contribution is $1,300,000, which is down from $1,800,000. A little less than half of that goes to the unfunded liability. At the Entry Age Normal liability, the city is 85.29% funded (the average plan is 73% funded, VMERS is 80.5% funded). The city’s actual return was 4.97% vs. the assumed 7.25%. The plan’s overall experience was more favorable than expected. Mr. Schait reviewed the mortality assumptions for both public safety and non-public safety personnel. The assumed retirement age for public safety is 53 and for non-public safety 65. It will be another year or 2 before these calculations are reviewed again. 10.FY 19 Tax Increment Financing District Annual Report: Ms. Blanchard noted that from 2012 to April 2018, the overall growth of the Grand List in the TIF district was up $84,000. $162,000 was paid on interest on the debt (Market Street and City Center Park). This is being serviced from the reserve fund. Ms. Blanchard confirmed that that $5,000,000 for the community building will come from TIF funds. Ms. Blanchard noted that if the city can’t get land for an urban park, it will come out of the plan. Also, if stormwater mitigation is not being done, that will come out of the plan as well. Mr. Chittenden noted that there is only a year and half left in which to incur TIF eligible debt. Ms. Blanchard said the projects that will be moving forward include Dumont Park, City Center Park, Garden Street (which is in design and would be 100% TIF eligible), the pedestrian bridge over I89 (which has been scoped and is 50% TIF eligible) and the City Hall/Library/Senior Center building (under construction). TIF revenue this year was $104,000 which came close to meeting the debt payment. Next year this figure will include more subdivisions and new construction. Another Garden Street project of 130 units will be on the list in 2021. The city can collect funds from new buildings until 2030. Regarding employment opportunities, there were 5 total jobs created (3 moved from other parts of the city, 1 was created, 1 was to service Allard Square. $5,000,000 was paid for work done by Vermont companies. CITY COUNCIL 21 JANUARY 2020 PAGE 5 11.Consider and Possibly Approve a resolution related to establishing “no parking” along the north side of White Street to enable the creation of a bike lane: Mr. Anderson reviewed the history. He noted that parking is now permitted on the north side of White Street, but part of the Chamberlin Neighborhood Plan was to include a bike lane on White Street (also one on Airport Drive). The proposed plan would create bike lanes on both sides of the street. Travel lanes would be reduced. A long-term plan would include a sidewalk on the north side as well. Mr. Anderson showed a plan of which this would look like. Benefits of the proposal include slowing traffic, providing a safer route to Chamberlin School, and providing a safer route to the Post Office and to Williston Road. Mr. Barritt moved to approve the resolution establishing “no parking” along the north side of White Street to enable creation of a bike lane. Ms. Emery seconded. Motion passed unanimously. 12.Council discussion and possible approval of the Warning of a public hearing related to the status of Interim Zoning in the City of South Burlington: Mr. Dorn suggested a special meeting on 11 February at which time the Council would hear from all of the Interim Zoning committees. Mr. Kaufman moved to set a special meeting on 11 February, 6:30 p.m., related to the status of interim zoning. Ms. Emery seconded. Motion passed unanimously. 13.Report of the Interim Zoning Committee on Open Space: Mr. Strong noted that staff is putting together the full report on the city’s web site. Mr. Strong then reviewed the committee’s charge which, in addition to previous reports, was the focus of their work. He noted they used two tools for assessment: The South Burlington Natural Resources Inventory Map and the Vermont Agency of Natural Resources BioFinder. The committee began with 189 properties of more than 4 acres and with less than 10% impervious surface. They also overlaid the highest priority areas in BioFinder. They then CITY COUNCIL 21 JANUARY 2020 PAGE 6 looked at parcels in 5 categories: water (riparian, connectivity, etc.), wildlife, forest, aesthetics (viewsheds), and agricultural. Each had different criteria. They used a parcel-based approach and a presence/absence approach and tried to be as objective as possible. Mr. Strong then showed a map of the 189 properties. Of the 189, 133 were in the BioFinder priority areas. Of those 133, 94 had resource attributes in at least 3 categories. Of those 94, 72 were not already conserved. Those 72 were then reduced to 25 using criteria such as small parcel size, properties already slated for development, properties in industrial areas, the Golf Course, and properties within the Winooski River floodplain. Mr. Strong then showed a map of the 25 high-priority areas. 20 of these are in private ownership, 5 are owned by UVM. The committee suggests conversations between the city and UVM as to their plans for those properties. A public forum on the committee’s report is scheduled for next week in the High School cafeteria. The full report contains write-ups on each of the 25 identified parcels. Mr. Barritt asked whether the property owners have been contacted. Mr. Strong said they have not. Mr. Chittenden said he has heard from some of those owners that they are afraid their property values are being reduced and potential buyers are being scared away. He said that if this map is used as an official map, it has direct consequences to property owners. Mr. Strong said he understands the concern. He said the committee hoped this would not be seen as a “taking.” He added that in the best of all worlds, someone would buy the whole parcel for conservation. Mr. Kaufman said that what happens next is a very good question, and the committee may get public input that influences them. Mr. Strong said if development is to go on any one the 25 properties, it is important for there to be careful planning to protect the natural resources. Mr. Murphy, representing the O’Connells who own the Windjammer property, was disappointed that this presentation was being made prior to the public presentation next week. The owner he represents will be severely impacted by this proposed action, and designating the property in this manner will make the properties totally undevelopable. The biggest issue the identifying of the entire parcel. His client’s property is 56 acres, 8 of which are already CITY COUNCIL 21 JANUARY 2020 PAGE 7 developed. The remainder is open, and 10-15% of that is undevelopable. The other 80% would also now become undevelopable. This devalues the entire 48 acres of the property. Mr. Barritt said none of this law. The city can have the possibility of purchasing properties if they come up for development. He also noted that 3 of the identified properties are in front of the DRB now. Mr. Murphy said they will be asking the committee to reconsider its approach to naming the entire parcel. Mr. Strong noted that a number of the identified properties in the 2002 report have been developed. Mr. Hart, representing Pizzagalli Properties at the Mountain View Office Park, said they are trying to understand what this means. He agreed with Mr. Murphy. If this is just an “inventory of properties,” they are OK with that. But it feels like something more than that and will have an impact on landowners and the investment they have made in their properties. Mr. Langfeldt, representing O’Brien Brothers, said they should be forgiven their anxiety. He felt an equitable approach should not identify an entire parcel when only a sliver of it contains a riparian area. He also felt that property owners were given no warning of this. Ms. Emery said there is another committee looking at some of the 25 parcels for affordable housing. She felt that one of the goals of the process was to have this conversation. She also noted that the city does not have the money to purchase all of the identified parcels. Mr. Kahn, representing Dorset Meadows, said he has read the final TDR report which says those 25 parcels should become sending areas. He felt that a coordination with the TDR report may be the way to go. Mr. Nick, representing Hill Farm, said that 20 of the property’s 100 acres should be on the map. He questioned how that map will be viewed over time and felt that a potential buyer looking at that map would “leave town.” Mr. Barritt cited all the work being done both in South Burlington and in Shelburne, to conserve property around Shelburne Pond. Ms. Emery added that natural resources make it appealing to people to move to South Burlington. Ms. Riehle thanked the committee for the incredible amount of work. CITY COUNCIL 21 JANUARY 2020 PAGE 8 14.Consider and possibly approve warning the 2020 annual city meeting ballot to include articles on the FY21 City budget and the election of City Officers and City Councilors: Mr. Chittenden moved to approve the warning for the 2020 Annual City Meeting. Mr. Kaufman seconded. Motion passed unanimously. 15.Consent Agenda: A.Approve and Sign Disbursement B. Authorize granting of easement deeds to and execution of an agreement with Allard Square related to the development of 180 Market Street C.Authorize the City Manager to grant easement deeds to Green Mountain Power related to the development of 180 Market Street Mr. Kaufman moved to approve the Consent Agenda as presented. Ms. Emery seconded. Motion passed unanimously. 16.Reports on Committee Assignments: Ms. Riehle: Airport Master Planning is coming up and will be open to the public on 12 February, 5-7 pm on the second floor of the Airport. Mr. Chittenden asked if the expansion of the Airport Commission is on the Burlington ballot. Ms. Riehle said it is not. 17.Other Business: Mr. Dorn noted receipt of a letter from Tim Hess resigning from the Natural Resources Committee. That leaves only 4 members of that committee, and there have been no responses to requests for more members. Ms. Riehle suggested recreating a committee for both Open Space and Natural Resources. Members agreed to try to do some outreach and then hold a discussion in February. Mr. Dorn also noted the city has been invited to present its budget on Vermont Public Television, Wednesday 29 January, 5:25 p.m. Mr. Barritt agreed to represent the city. As there was no further business to come before the Council, Mr. Kaufman moved to adjourn. Mr. Barritt seconded. Motion passed unanimously. The meeting was adjourned at 10:52 p.m. ________________________________, Clerk CITY COUNCIL 21 OCTOBER 2019 The South Burlington City Council held a regular meeting on Monday, 21 October 2019, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: H. Riehle, Chair; M. Emery, T. Barritt, T. Chittenden, D. Kaufman Also Present: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; A. Lafferty, City Attorney; D. Kinville, City Clerk, H. Rees, Recreation Department; P. Taylor, T. McKenzie, J. Leas, B. Sirvis, D. Crawford, B. Leet 1. Instructions on exiting building in case of emergency: Mr. Dorn provided instructions on emergency evacuation of the building. 2.Agenda Review: Additions, deletions or changes in order of agenda items: No changes were made to the Agenda. 3.Comments and Questions from the public not related to the agenda: Mr. McKenzie said they are close to completing the Garden Street segment that goes to the north and are about to start to the south. They would like to discuss when the city will take over that road. They will build the entire southern segment, but they don’t want ownership of the road once it is open. They will do all the infrastructure in front of the first building and do a “track” the rest of the way. Mr. Smith and Ms. Waters, Queen City Park residents, spoke of the neighborhood’s concern with Burlington’s proposed Higher Ground project in an industrial park surrounded by residences. They feel Burlington has no interest in protecting the residents, even though the project goes against a plan that was approved for the Burlington south end early this year. Concerns include traffic, noise, safety and encroachment as well the security of Red Rocks Park. They noted that Burlington has not addressed South Burlington’s ownership of part of the Queen City Park Road which is involved in the traffic study. They asked that the South Burlington get party status for the DRB hearings to be sure neighborhood concerns are met. Mr. Leas spoke regarding the Air Guard presentation at the last Council meeting. He felt there were issues that Col. Smith did not address including 900 homes “unsafe for living,” which he felt should have been addressed before the arrival of the F35s. He was also concerned with over 1000 homes in the “likely crash area,” 3400 Airport passengers who would be exposed to the noise of the F35s, damage to children from noise as they walk to and from school, the potential 5% use of afterburners (which, he said, would amount to 125 times a year), and the burning of 1100 gallons per day per plane every time they take off. Mr. Leas said other states have had F35 basings reversed where they were deemed unsuitable for the area. He asked the Council to adopt a resolution to set up a public forum at Chamberlin School, demand noise CITY COUNCIL 21 OCTOBER 2019 PAGE 2 monitoring equipment and demand sound mitigation be in place before the arrival of more F35s. 4.Announcements and City Manager’s Report: Council members reported on meetings and events they had attended in recent weeks. Mr. Dorn: The second domestic violence forum will be held on 30 October, preceded by a meal provided by the city. ` The Steering Committee will meet on 28 October, 7-9 p.m. in the High School Library regarding facility issues. They will meet again on 5 November with the Legislative delegation at 7 p.m. The ribbon cutting for Market Stree5t will be at 11 a.m. on 13 November. Groundbreaking for 180 Market Street will follow immediately. Market Street will be open on 15 November. The food shelf will open on 28 October for an open house. It will open for service on 1 November. At the CCPSA meeting, salary and benefit packages were discussed. It looks like that service will begin in January 2021. Attended a digital conference at Champlain College with Ms. Holm. There will be an F35 arrival ceremony on Saturday. Reappraisal of all properties in the city has begun and appraisers will be out in the field soon. The head of the appraisal company will be scheduled to speak with the council. 5.Consent Agenda: A.Approve and Sign Disbursement B.Regarding notice of an application for a Certificate of Public Good to install a new utility pole on property located at 255 Quarry Hill Road and thereon install an antennae and associated equipment to be filed with the Public Utility Commission, resolve not to request either that the applicant attend a public meeting with the City Council or that the Department of Public Service retain personnel to provide information essential to a full consideration of the application. C.Designation of attorney for tax sale collection. CITY COUNCIL 21 OCTOBER 2019 PAGE 3 D.Authorize City Manager to sign documents related to a financing agreement between the City of South Burlington and the Dorset Park Skating Association, Inc., to enable financing for a proposed entrance facility to the Cairns Arenas. Mr. Barritt expressed concern with the placement of the pole (item B) close to a residence building. After a brief discussion, members agreed to remove item “B” from the Consent Agenda. Ms. Emery then moved to approve Consent Agenda items A, C. and D as presented. Mr. Kaufman seconded. Motion passed unanimously. 6.Report from Sextons: Ms. Kinville noted that she and Thomas Chittenden and Peter Taylor were appointed Sextons a year ago. Mr. Chittenden noted that a sexton is an officer charged with maintenance of a graveyard. He also noted there hasn’t been an official “cemetery commission” for 20 years, so technically the City Council is the Cemetery Commission. Mr. Taylor then described the two city cemeteries and reviewed their history: The Eldridge Cemetery is on the corner of Airport Rd. and Airport Dr. He showed a photo indicating a missing piece of fencing that was taken down by the Airport within the past 3 years and not replaced. He indicated a possible spot for benches to upgrade the area. He also noted the burial place for 24 War of 1812 soldiers who died, possibly of smallpox. The Shelburne Road Cemetery came to the city when South Burlington became an independent city. The City of Burlington provided no cemetery records. Mr. Taylor noted the need for parking at both cemetery locations. Ms. Kinville then showed slides indicating the need for repairs at both cemeteries. She noted that state law requires a cemetery to be fenced. Ms. Kinville also expressed frustration at not having an accurate listing of all resting souls so that she cannot provide this information when there are inquiries. She noted the law requires a map, and there is none at present. Lots in both cemeteries are priced at $400 for residents (4.5 ft.x10 ft.) and $600 for non- residents. CITY COUNCIL 21 OCTOBER 2019 PAGE 4 The Sextons then presented the following recommendations: 1.Sonar service (this is being done) 2.Straighten leaning/fallen gravestones 3.Clear the fence line and swale area 4.Record a formal plat of each cemetery 5.Calibrate pricing 6.Improve fencing 7.Provide benches Ms. Riehle asked if there is a fund for burial costs. Ms. Kinville said there is, about $4500. 7.Update from Consultants on Preliminary Design for Proposed Indoor Recreation Center: Mr. Leet reviewed the history of the project including stakeholder meetings, survey, design input from the community, etc. They are now completing the schematic design process and pricing. Mr. Leet noted that the main features cited in the public survey were: 1.Walking/running track (75%) 2.Movement studio (73%) 3.A membership fee or pay-to-use (70%) 4.Keep fees low (63%) 5.Revenue plan that breaks even (37%) 6.Not willing to pay for use the facility (17%) Mr. Leet said there will be an operations plan that will address all of this information. Mr. Leet then showed pictures of the type of facility being considered, including different surfaces for different uses. Indicated spaces included: 1.Walking track 2.3 multi-use courts 3.Movement studio 4.Locker rooms 5.Recreation & Parks Department offices CITY COUNCIL 21 OCTOBER 2019 PAGE 5 6.Rest rooms 7.Parking for events Mr. Leet also showed an area for a potential pool and growth. The building would be an extension of the Cairns arenas with a covered walkway between. There would be 240 new parking spaces. There might also be an indoor connection to Cairns. They are exploring LEED standards. Mr. Kaufman cited the benefit of the Cairns connection for people who might want to go from the Rec Center to Cairns to get snacks/lunch, etc. Mr. Kaufman also suggested contacting ICD, who is doing the Cairns addition, for possible savings. Mr. Leet said he has already talked with Cairns to capture excess heat when the Cairns systems are replaced. Mr. Crawford spoke with concern about the condition of the access road and whether it can handle the additional traffic without being widened. Mr. Kaufman also noted that when the rinks are busy, there is parking on both sides of the road, which narrows the road considerably. 8.Set Public Hearing Date on Proposed Amendments to the South Burlington Land Development Regulations: Mr. Dorn noted that 8 November is the soonest the public hearing can be held. It is important because the amendments are needed to begin work on the road before the asphalt plants close. The amendments were supported by the sub-committee and will be addressed by the Planning Commission tomorrow night. Members agreed to a special meeting on 8 November, 8 a.m. Mr. Barritt moved that the Council warn a public hearing at a special City Council meeting on November 8, 2019, at 8:00 a.m., in the City Hall Conference Room, to consider proposed amendments to Sections 8.05, 8.08, 8.13 and 8.14 and to Appendix C and Appendix F of the Land Development Regulations. Ms. Emery seconded. Motion passed unanimously. 9.Review and possibly approve proposal from Earth Economics to develop a valuation model for various and many natural resource-related features of the Southeast CITY COUNCIL 21 OCTOBER 2019 PAGE 6 Quadrant as a component of the overall Interim Zoning studies currently being undertaken: Mr. Dorn reviewed the history. He noted there were 2 different components: pure revenue/costs from budget, Grand List, etc. (John Stewart is doing this), and valuations associated with natural resources in the Southeast Quadrant and quantify what loss of those spaces or development of those spaces would mean. Mr. Dorn then directed attention to the Proposal from Earth Economics. He said the Council needs to be confident that this gets to the issues they want to address. Mr. Chittenden said he wouldn’t vote against this but he still wants to know that the city is looking at other parts of the city, particularly the Airport area. Mr. Dorn said that is on the Planning Commission work list and they are looking at how to address that. Mr. Barritt said he would like time to look this over. Members agreed to meet briefly after the Steering Committee meeting on 28 October, to consider this. Mr. Crawford asked that the Natural Resources Committee be involved in this process. 10.Preliminary Discussion with Council on FY21 Budget: Mr. Hubbard said increases are expected for health care and the pension plan. Insurance increases are at about 7% (approximately $53,000). Contractual agreements are known. They are still working through the CIP which will probably be up $200,000. Mr. Hubbard said the big item is paving and staff needs to know if it is a priority to stay near $1,000,000. That would be a $375,000 increase (1-1/3 cents on the tax rate). Mr. Kaufman said it is a high priority for residents. Mr. Chittenden said he would like to see what would have to be “chopped” to get to the percent the city wants. Mr. Barritt said he wants the city to remain a 2% tax rate town, and things are inching up. He noted that Burlington, Middlebury and Winooski are almost to 3%. Mr. Dorn cited the cost to do the small section of Dorset Street, and would like to come back with some ideas on how to approach the rest of the paving. CITY COUNCIL 21 OCTOBER 2019 PAGE 7 Mr. Dorn said it is time to come to the Council with a budget for what staff feels is really needed. Ms. Emery cited the need to address things earlier, before they become more expensive. Mr. Hubbard questioned whether they city is getting a competitive interest rate regarding pension funds. Mr. Dorn said the feeling is the pension loan was not a good thing for the city, but they have to continue to live with it. 11.September Financials: Mr. Hubbard said they are at 32% of projected revenue and 26% of expenses. The General Fund is in good shape. 12.Report from Councilors on Committee Assignments: No reports were presented. 13.Other Business: Mr. Barritt questioned the timing of brush hogging of the area near the Cider Mill. He was concerned that there could have been nesting birds during the spring. He suggested doing it late in the season when there are no animals to disturb. As there was no further business to come before the Council, Mr. Chittenden moved to adjourn. Mr. Barritt seconded. Motion passed unanimously. The meeting was adjourned at 9:22 p.m. ________________________________ Clerk SPECIAL CITY COUNCIL 11 DECEMBER 2019 The South Burlington City Council held a regular meeting on Wednesday, 11 December 2019, at 7:00 p.m., in the upstairs Conference Room, City Hall, 575 Dorset Street. Members Present: H. Riehle, Chair; M. Emery, T. Barritt, T. Chittenden, D. Kaufman Also Present: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; Chief S. Burke, Police Department; Chief T. Francis, Fire Department; J. Rabidoux, Director of Public Works, H. Rees, Recreation Director; K. Donahue and other residents of Pinnacle at Spear 1.Instructions on exiting building in case of emergency: Mr. Dorn provided instructions on emergency evacuation of the building. 2.Agenda Review: Additions, deletions or changes in order of agenda items: No changes were made to the Agenda. 3.Comments and Questions from the public not related to the agenda: Mr. Donahue spoke regarding the flooding that occurred in 12 homes at Pinnacle at Spear following the Halloween storm. He noted that before the stormwater ponds were brought up to standard, they had had no flooding issues. The belief is that the ponds are now holding back so much water that the houses are getting flooded. Mr. Donahue gave members pictures of the ponds. He said they had been connected but have now been disconnected. He also noted that the pipes in the street are not sized to today’s standards. He showed a photo of the existing 1-3/4 inch pipe which used to be 12 inches but was changed to hold back the water. Mr. Donahue said the damage at Pinnacle reaches $250,000. Residents want to go back to the old outlet structure so there is relief. The existing pond cannot be handled by the pipe in the street. He felt the least expensive solution is to put the outlet back the way it was. Mr. Dorn said he would talk to people to see what solutions are available. 4.Continued discussion with Department members on the Capital Improvement Plan: Mr. Hubbard said Department heads have been asked to be prepared to discuss priorities. Ms. Riehle said she would like to see the savings generated this year from energy efficiency so those savings can be put into the energy efficiency fund. Mr. Hubbard said that has been tracked, and Lou Bresee can come in and give a report. Ms. Riehle said she would like to see how those savings inform next year’s budget. Mr. Hubbard said the base line stays the same and the savings go back into the fund. Mr. Dorn added that there could be a changing base line every year. SPECIAL CITY COUNCIL 11 DECEMBER 2019 PAGE 2 Mr. Hubbard noted that at present they are $738,000 proposed above last year’s total. He felt that about $500,000 needs to be cut to stay within what the Council has asked for. Ms. Emery suggested a fundraiser for the Wheeler House improvements and the possibility of “gift trees” to replace the ash trees. Public Works Department: Mr. Rabidoux said the most pressing need is to continue to finish Dorset Street. It is very expensive with a lot of prep work and night work. He said he would be more comfortable with $750,000 rather than $625,000. That will allow them to do something in addition to Dorset Street. He said the goal this year is to do the Healthy Living intersection and Garden Street. He also noted the possibility of applying for grant money. Members were OK with $750,000 with the hope of some grant money. Regarding the ash trees, Mr. Rabidoux said they budgeted $1000 to remove and replace each tree. Removal came in cheaper than anticipated, so that cost is now about $700. That would reduce the budgeted amount by 30%. He cited the need to remove the trees before the disease spreads. There are about 770 ash trees on city land. Mr. Rabidoux said he would be OK with $100,000 budgeted for this work. Regarding the $25,000 for the fuel tank replacement, Mr. Rabidoux said this was not an emergency situation and can be put off. He felt they should not get behind in fleet replacement. Fire and Ambulance: Chief Francis noted the FY21 will be a challenging year. He noted they had been scheduled to replace the ambulance and have pushed it out another year ($400,000). He said he can live with that in the short term. The CO testing equipment is very important, and they can possibly get a grant to come some of that. Grant money can’t be used for “rolling stock.” Mr. Kaufman asked about naming an ambulance for someone. Chief Francis said that is not usually done, though there can be a plaque in someone’s honor. Ms. Riehle noted the praise received from the Airport and from Heritage for the Fire and Police efforts during the recent fire. Chief Francis said “that’s how it’s supposed to work.” SPECIAL CITY COUNCIL 11 DECEMBER 2019 PAGE 3 Police Department: Chief Burke said they are due to replace the SUV and are looking to get a hybrid model. They are also due to replace 2 patrol cars but could probably be OK with one. Mr. Kaufman asked if all the vehicles are all-wheel drive. Chief Burke said they have begun to buy all-wheel drives. Ms. Emery asked if the security equipment is vital. Chief Burke said it is because the current equipment has failed, and there is new technology available. He felt they can take $22,000 off the $98,000 total because they already got the fingerprinting equipment. Recreation and Parks: Mr. Barritt noted that the slate from the roof of the Wheeler House is valuable and shouldn’t be destroyed. Mr. Dorn advised that the building is eligible for inclusion in the Historic Registry. Ms. Emery suggested a “Friends of Wheeler House” group as people are very attached to that building. That could help take care of stewardship. Mr. Dorn cited the amount of work done by Carol and Common Roots on that building. Ms. Riehle asked what happens if Historic Preservation says the new roof has to be slate. Ms. Rees did not know. Mr. Hubbard cited the present danger of slated falling off the roof in a windstorm. Ms. Emery suggested keeping the roof as a separate ballot item. Mr. Kaufman did not agree. Mr. Dorn will research to get more information. Members felt that because of the danger the item should not be cut. Ms. Rees said the bleacher replacement can be put off for a year. Mr. Dorn said the Council can approve the changes made tonight at the meeting of 16 December. 5.Other Business: Ms. Emery noted the number of vacancies on the Natural Resources Committee. Mr. Dorn said they had advertised but got no responses. Members suggested contacting people who applied for the DRB opening to see if any of them would be interest. Mr. Barritt asked whether it is possible not to sell confiscated or replaced hand guns. Chief Burke said the trade-in program is very aggressive ($200-300 per gun from an original purchase CITY COUNCIL 11 DECEMBER 2019 PAGE 4 price of $500). Officers often buy them back though they cannot buy them directly from the city. They are also traded in to dealers who specialize in law enforcement weapons. Mr. Hubbard noted there may be a request from the Natural Resources Committee to reduce the committee size so they don’t have an issue getting a quorum. It was noted that the meeting originally scheduled for 6 January 2020 will be moved to 13 January, 6:30 p.m. As there was no further business to come before the Council, Ms. Emery moved to adjourn. Mr. Kaufman seconded. Motion passed unanimously. The meeting was adjourned at 8:50 p.m. ________________________________ Clerk CITY COUNCIL 16 DECEMBER 2019 The South Burlington City Council held a regular meeting on Monday, 16 December 2019, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: H. Riehle, Chair; M. Emery, T. Barritt, T. Chittenden, D. Kaufman Also Present: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; A. Bolduc, City Attorney; P. Conner, Director of Planning & Zoning; T. DiPietro, Stormwater Department; M. Mittag, B. Gagnon, M. Ostby, Planning Commission; V. Bolduc, R. Greco, D. Crawford, P. DiMichele 1.Instructions on exiting building in case of emergency: Mr. Dorn provided instructions on emergency evacuation of the building. 2.Agenda Review: Additions, deletions or changes in order of agenda items: No changes were made to the Agenda. 3.Comments and Questions from the public not related to the agenda: Ms. DiMichele requested that Planning Commission meetings be videotaped since important things are being discussed. She was particularly concerned with the split between residential and commercial properties which has historically been at 50% each but is not 60%-40% with commercial being the lower figure. She felt that TDRs could be used for commercial properties. Ms. Greco asked that there be a sign to identify the Underwood property 4.Announcements and City Manager’s Report: Council members reported on meetings and events they had attended in recent weeks. Mr. Dorn: Secretary Flynn will be at the Kimball Ave. bridge site tomorrow. Suzanne Young will be at the Library to talk about budgeting. The Champlain Housing building will be dedicated on 13 January, 2 p.m. The regularly scheduled Council meeting of 6 January 2020 has been postponed to 13 January. A major portion of that meeting will be the budget workshop. There was a very good turnout of Legislators at the CCRPC Legislative breakfast last week. At a prior meeting, the Council decided on an Interim Zoning Application for 550 Park Rd. The hope is to have an electronic motion that can be voted on electronically as well so the project can get started. CITY COUNCIL 16 DECEMBER 2019 PAGE 2 5.Consent Agenda: A.Consider and Sign Disbursements B.Approve Grant Application for Design of UVM Hort Farm Stormwater Treatment Practice C.Approve Grant Application for Kimball/Marshall Avenue Bicycle and Pedestrian Facilities over Muddy Brook Mr. Barritt asked if there were any nearby basement at the Hort Farm stormwater site. Mr. DiPietro said there are not. It is all open fields. Ms. Emery moved to approve the Consent Agenda as presented. Mr. Kaufman seconded. Motion passed unanimously. 6.FY21 Budget Considerations: Mr. Hubbard said the budget remains a work in progress. There should be a full budget to members this week once figures are rechecked to be sure they are correct. The present budget would result in a 3.75 increase in the tax rate. Mr. Hubbard reviewed the major cost increase items including healthcare (up 10%), pension, the CIP, and contractual agreements. Major revenue growth comes from the Grand List (up 1%), interest income with TD Bank, payoff of the Police Dept. fitup (Vet Center & CIC). On 13 January, all department heads will be present to indicate what is important to them. The Council can then make judgments. Mr. Hubbard explained how the new VMERS pension system will work. Staff will try to get someone in from VMERS to speak with the Council. 7.Possible continuation of Budget discussion, potential March ballot items, and Council discussion: Ms. Riehle noted that various people had asked for ballot items (e.g., open space). Members felt this would be premature since they don’t yet know what the School Board will be coming up with, and they possibly won’t know this till mid-January. Mr. Hubbard said the budget has to be finalized by 21 January for the Steering Committee meeting the next night. CITY COUNCIL 16 DECEMBER 2019 PAGE 3 Mr. Chittenden said if the School Board is going to have a big school bond, he didn’t feel the Council should have anything in March. Mr. Barritt added that there would be a bigger turnout in November. Mr. Barritt asked if it is possible to find out if the predictions of what ballot items and tax increases would cost tax payers were accurate. Mr. Hubbard felt they can get some of that information. He added that what was predicted for Grand List growth has actually been higher almost every year. Ms. Greco was concerned about putting off a vote on land conservation. Mr. Kaufman said that he had spoken with John Simson who felt it may be possible to get some of the open space land without tax money. He said the Council is committed to doing something, but not taxing if they don’t need to. Ms. Greco felt there should be something in place before Interim Zoning ends. 8.Public Hearing: Public comment, consideration and possible approval or amendment to the Capital Improvement Plan (CIP): Mr. Barritt moved to open the Public Hearing. Mr. Kaufman seconded. Motion passed unanimously. Mr. Hubbard noted they are $211,000 above last year’s CIP. He then reviewed the changes made at the special Council meeting including the following: a.Reducing the paving amount from $1,000,000 to $750,000 (the potential for a grant may bring this back up near the original amount) b.Reducing the amount for removal/replacement of ash trees by $100,000 (it costs less than anticipated to remove the trees) c. Reducing the amount for Fire/Ambulance service (due to the opportunity for a grant) d.Reducing the replacement of Police vehicles from 4 vehicles to 3 vehicles. e.Reducing the Communications amount for the Police Department by $22,000 as some of this equipment has already been received f.Delaying bleacher replacement ($10,000) for one year g.Reducing the amount for the City Center Reserve Fund by $110,000 based on current figures. CITY COUNCIL 16 DECEMBER 2019 PAGE 4 Mr. Chittenden said he supports all of these changes. He was concerned with continuing to include the funding for a Performing Arts Center in the CIP. He noted the proposed new High School will have a new auditorium and black box facility. He said the Center could always be added back in later. Mr. Kaufman agreed and suggested the potentially vacant Sears property might be a consideration in the future for that use. Mr. Hubbard said what the Council is voting on tonight is what they consider to be reasonable funding of major projects for FY21. This can still be changed at the 13 January 2020 meeting. Mr. Crawford said he was impressed with how all of this gets worked out. As there was no further public comment, Ms. Emery moved to close the public hearing. Mr. Chittenden seconded. Motion passed unanimously. Mr. Kaufman then moved to approve the Capital Improvement Plan for FY21 as presented. Ms. Emery seconded. Motion passed unanimously. 9.Possible Executive Session to receive advice from legal counsel regarding the Appeal of ANR Wetlands General Permit 3-9026, Vermont Superior Court, Environmental Division Docket No. 142-12-18Vtec: City Attorney Bolduc said the Council has received information on a settlement. He didn’t feel an executive session was needed. He noted that the city got a lot of what was on its “wish list.” Mr. DiPietro said that originally the requirements weren’t in sync and weren’t clear in many cases. The only way to move forward was to appeal the permit which is what South Burlington and Williston did. The concerns of the 2 communities were understood, and it has been clarified that a permit is not needed every time something is repaired. There will need to be 5000-7000 feet involved before a wetland permit is needed. Attorney Bolduc said there will now be more city projects that can move forward. 10.Consider and possibly approve settlement of Appeal of ANR Wetland General Permit 3-9026, Vermont Superior Court, Environmental Division Docket No. 142-12-18Vtec: CITY COUNCIL 16 DECEMBER 2019 PAGE 5 Mr. Barritt moved to approve the settlement of the Appeal of ANR Wetlands General Permit 3- 9026, and authorize the City Manager to execute the Settlement Agreement and any related documents. Ms. Emery seconded. Motion passed unanimously. 11.Receive Transfer of Development Rights Interim Zoning Committee Analysis Report and discuss possible next steps: Mr. Mittag reviewed the history and noted the memo provided to the Council along with the latest version of the report. He also noted that when the TDR report was presented to the Planning Commission, there was a split on the Commission as to what product the Council was looking for. Some felt the report met the tasking of the Council; others felt there were supposed to be written regulations at the end of the process. Mr. Mittag asked that the Council determine whether this report is what they were looking for from the Committee. If not, they would like more guidance. Ms. Emery said that once the Council has the Open Space report and the Earth Economics report, she would like a discussion on receiving areas outside the Southeast Quadrant (SEQ). Mr. Gagnon noted that Option 4 in the report is to expand both sending and receiving areas. Mr. Mittag said he felt the Council wanted draft LDR regulations, which is not a small task. Mr. Chittenden felt this is the right direction to be going in to make the TDR program more thoughtful. Mr. Barritt said the Council charge was not to create LDRs; it was to create a report. Ms. Emery suggested a process to bring selling/buying together, so people can know what is available. Mr. Mittag suggested a possible registry where people could list what they are offering, though this could be a lot of work for staff. Mr. Barritt noted you can do that on Front Porch Forum right now. Mr. Mittag added you have to provide a map to indicate what can be sold as TDRs. Ms. Emery said she hadn’t seen anything in the regulations to preclude using TDRs for commercial properties. Mr. Conner noted that the Planning Commission had received a presentation from Allan Strong of the Open Space IZ Committee. They did not recommend what to do with the properties they recommend for conservation. There are some significantly large parcels on that list. He also felt that realistically, regulations would be possible in the spring. CITY COUNCIL 16 DECEMBER 2019 PAGE 6 Mr. Mittag suggested they could create the concept for sending areas and then assign properties later on when the Open Space Committee report is finalized. Mr. Conner said there should be a balance between acreage to be conserved and acreage for receiving areas. Ms. Greco was concerned that this is what happened the last time IZ occurred when there were reports but no language drafted into the LDRs. Mr. Mittag asked whether the TDR IZ Committee’s work was done. Members felt the Committee had met its charge. Mr. Gagnon said if the Planning Commission has any changes it wants the Committee to make, the report can be “tweaked.” Mr. Chittenden cited the need to do more for the city’s volunteers. 12.Review and possibly approve the Errors & Omissions Report from Tax Assessor for the 2019 Grand List: Mr. Hubbard said the list mainly corrects misspellings, etc. There are no changes in values. Mr. Kaufman moved to approve the Errors & Omissions Report as presented. Ms. Emery seconded. Motion passed unanimously. 13.Convene as South Burlington Liquor Control Commission to consider the following application: a.Weird Window Brewing, LLC – 1st Class Restaurant/Bar License Ms. Emery moved the Council convene as Liquor Control Board. Mr. Barritt seconded. Motion passed unanimously. Ms. Emery moved to approve the First Class Restaurant/Bar License for Weird Window Brewing, LLC, as presented. Mr. Barritt seconded. Motion passed unanimously. Ms. Emery moved to reconvene as City Council. Mr. Barritt seconded. Motion passed unanimously. CITY COUNCIL 16 DECEMBER 2019 PAGE 7 14.Reports from councilors on committee assignments: Mr. Chittenden: This will be a tough budget year for Green Mountain Transit with deep painful cuts. They are currently $1,000,000 in the hole. Mr. Chittenden advised that he will be stepping down as Chair as of 1 January 2010 but will remain on the Board. He noted they will be talking with Montpelier about more sustainable funding means. On the bright side, ridership is up 6-7% after years of decline. Mr. Kaufman noted this is not a new problem, and they don’t seem ever to make progress in public transportation. Mr. Chittenden said there may be a 5% increase to the towns. He is supporting 4% as he feels urban communities are being overtaxed. Mr. Chittenden noted that 5% would mean about $3000 more than South Burlington was paying. Ms. Emery: The Open Space IZ Committee has put together its final narrative and presented it to the Planning Commission. Ms. Riehle: The Airport Commission will meet on Wednesday. They still don’t have a draft of the MOU from Mayor Weinberger 15.Council discussion and possible approval from Earth Economics to conduct a cost/benefit analysis of properties with the City of South Burlington: Mr. Dorn noted that staff went back to Earth Economics with a refinement of the mission. They have responded with a February date at about half the price. John Stewart will continue with the budget related items. Mr. Chittenden said he didn’t feel it was worth $27,000. He would rather see that money going to paving projects. Mr. Kaufman felt it would provide data for the future and he was OK with it. Mr. Mittag said he had some questions about their basic assumptions. He cited studies done by VLCT and the Vermont Natural Resources Council and asked where Earth Economics is starting from. Mr. Kaufman moved to approve the Earth Economics cost/benefit analysis as presented. Ms. Emery seconded. Motion passed 4-1 with Mr. Chittenden voting against. CITY COUNCIL 16 DECEMBER 2019 PAGE 8 16.Council discussion and possible approval of amendments to the Natural Resources Committee authorization that would adjust the number of members of the Committee and the number of members to achieve a quorum: Mr. Dorn noted there have been no applicants as yet for the advertised open positions on the Committee, and they are having a problem conducting business. Staff proposes setting the number anywhere between 6 and 9 and having a quorum at half that number. Mr. Chittenden moved to set the number of Natural Resources Committee members at anywhere between 6 and 9 with a quorum of half that number. Mr. Kaufman seconded. Motion passed unanimously. Mr. Crawford thanked the Council for its help in this matter. 17.Possible Council action on extending the right of first refusal related to the conservation of property: Mr. Dorn said they have reached an agreement to extend the right of first refusal until there is an appraisal plus a month beyond that. This relieves the pressure to exercise the option. 18.Other Business: Mr. Barritt asked that the 25 miles per hour speed limit sign be put back on Spear Street as the Police can’t issue tickets until the sign is up. Mr. Barritt also noted potholes on Farrell and Spear Streets and Kimball Ave. 19.Possible Executive Session to receive confidential attorney-client communications related to the appeal of City of Burlington Zoning Permit #20-0514CA and to discuss matters related to the extending a right of first refusal related to the conservation of property: Mr. Chittenden moved that the Council meet in executive session to receive confidential attorney-client communication and to invite Mr. Dorn and Attorney McNeil to the session. There is to be no action following the executive session except adjournment. Ms. Emery seconded. Motion passed unanimously. CITY COUNCIL 16 DECEMBER 2019 PAGE 9 Following the Executive Session, as there was no further business to come before the Council, Mr. Kaufman moved to adjourn. Mr. Barritt seconded. Motion passed unanimously. The meeting was adjourned at 10:30p.m. ________________________________ Clerk MEMORANDUM TO: South Burlington City Council Kevin Dorn, City Manager FROM: Amanda S. E. Lafferty, South Burlington Deputy City Attorney FOR: 20-02-03 City Council meetingRE: Stormwater System Maintenance Agreement In 2018, the City accepted ownership of five of the roadway rights-of-way in the Cider Mill Phase 1 development and the associated stormwater system. Prior to that time, the City had not and to date, has not, accepted responsibility for one of the six existing stormwater detention ponds that serve the neighborhood, Pond 1, in part because the City had not accepted the road that drains to Pond 1, Sommerfield Avenue. As a result, also in 2018, the State of Vermont amended the Stormwater Permit for the Cider Mill Phase 1 development and issued No. 3144-9010.1 (the “Permit”) to Dorset Street Associates, LLC (“Developer”) authorizing a discharge of stormwater runoff from the impervious surfaces that drain to Pond 1. The Developer requests that the City accept ownership of the Sommerfield Avenue roadway right-of-way. By accepting ownership of some of the impervious surface area covered by the Permit, the City will assume certain responsibilities and obligations under the Permit. Attached hereto please find a copy of the Stormwater System Maintenance Agreement that defines the City’s and Developer’s respective responsibilities for the maintenance of this part of the stormwater system and the payment of fees to the Agency of Natural Resources. Also attached is a copy of a plan showing the location of Pond 1 southerly of the southerly-most end of Sommerfield Avenue. In connection with the City Council’s acceptance of Sommerfield Avenue, which is also on the City’s Consent Agenda, the City Council is requested to approve and give the City Manager authority to sign the Stormwater System Maintenance Agreement. R.Weed Re—figom pond to OMWedEasementtoJewettandto Y. BeepardonsofCide, URI Php fd. odditi.d — to 0. Table I (this pl- eet) I I . I Inv Out JB2.00 j==t 'rO YtTG;South iW47ot4el The Cider Mill -Site Plan "I" g 20E,1,11---------- Revised to show Easement to City rt.-d sewer t Jewett and stormwaterpondtobe1bgton. i,;' "' .- - - 11.1 modification to accomodate 4 Cider Mill Phase U7 All e" I. be per/ ad &I .cd— efth the d—.-t -UtiooddtH, for tho'djPoet Wk. of —ter 11bee and appurtenances for drwater pt—. .-w by the Ch=plb fttw Dletfot, the My of South 1I Bufflngto, cdchester Fire M Ict A and thel , ,, , I E ,t I wi.q. f *ft. stes. APP11* The CIDER MILL & 20 GRAMICOCAW LLEWELLYN - HOWLEYccnc"a piee AV Nm Net. 11.mm plat 30 It Is 30 61) 120 1 N C 0 R P 0 R A T E D CIDER MILL Phase 11 --- 03101W i ftWh B,ellaw. v.-ont DawnFleelPiet br. FW N. Reletee Deb IN FgET) fL Booti,a—si- Site Plan "I" oneeleg: ;tt,sssgs cAtc const.dl.. I Iech - 30 v--i 3 ftwjb—j Revisions to Cider Mill Phase 1 20 K).N A— ft. 20H F fsoz)=72T (842) caNjohi..'oo Page 1 of 6 STORMWATER SYSTEM MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into this ___ day of February 2020, (the “Effective Date”) by and among DORSET STREET ASSOCIATES, LLC, a Vermont limited liability company with a place of business in the Town of Essex in the County of Chittenden and State of Vermont (the “Developer” herein), and the CITY OF SOUTH BURLINGTON, a Vermont municipality, acting by and through its City Council, having an office at 575 Dorset Street, South Burlington, Vermont, (the “City” herein) (collectively, the “Parties”). WHEREAS, Developer is the owner of certain real property and improvements thereon in a subdivision known as The Cider Mill, which is located easterly of Dorset Street in the City of South Burlington, Vermont (hereinafter the “Subdivision”), which is shown on a plat entitled “Cider Mill Revisited, Final Plat,” dated June 26, 2012, last revised November 6, 2012, prepared by Llewellyn-Howley Incorporated, of record at Map Slide 569, Page 2 of the City of South Burlington Land Records, “The Cider Mill, South Burlington, Vermont, Subdivision Plat A” and “The Cider Mill, South Burlington, Vermont, Subdivision Plat B,” both dated April 23, 2003, last revised April 19, 2007, prepared by Button Professional Land Surveyors, PC, of record at Map Slide 496, Page 6 and Map Slide 497, Page 1, respectively, of the City of South Burlington Land Records, and “The Cider Mill, South Burlington, Vermont, Subdivision Plat C,” dated April 23, 2003, last revised October 12, 2012, prepared by Button Professional Land Surveyors, PC, of record at Map Slide 569, Page 3 (the “Plat”); and WHEREAS, the Vermont Agency of Natural Resources (“Agency” herein) issued stormwater Permit No. 3144-9010.1 (“the Permit” herein) authorizing a discharge of Page 2 of 6 stormwater runoff from the impervious surfaces of the Subdivision, including its roads, parking areas and roofs, to Shelburne Pond (Muddy Brook) watershed; and WHEREAS, the Permit is necessary in order to construct the Subdivision and requires construction and maintenance of certain improvements within the Subdivision to manage the discharge of stormwater, as shown on a plan set containing site plans and details designed by Llewellyn-Howley, Inc. (Sheet 1 dated 2/12/02, revised 5/14/03; Sheet 2 dated 2/11/02, revised 5/14/03; Sheet 8 dated 12/1/01, revised 5/14/03, Sheet 9 dated 12/1/01, revised 5/14/03, Sheet 10 dated 12/1/01, revised 5/14/03, Sheet 11 dated 10/1/02, revised 5/14/03; Sheet 20 dated 1/20/03, revised 5/14/03; Sheet 21 dated 1/20/03, revised 5/14/03, and a seven (7)-page document relating to and describing modifications to Chittenden Cider Mill Pond 1, attached hereto as Exhibit A and incorporated herein by reference. Said improvements within the Subdivision that manage the discharge of stormwater are referred to herein as the “Stormwater System”; and WHEREAS, the City intends to accept ownership of portions of the Subdivision, comprised of a roadway right-of-way known as Sommerfield Avenue, including all improvements within the right-of-way, by Warranty Deed from Dorset Street Associates, LLC, dated June 9, 2005 to be recorded in the City of South Burlington Land Records; and WHEREAS, there are approximately 4.24 acres of impervious surface area drained by the Stormwater System that is covered by the Permit; and WHEREAS, upon acceptance of the right-of-way for Sommerfield Avenue, the City will own 1.71 acres of impervious surface area within the area covered by the Permit, which is Forty and 3/10s percent (40.3%) of the total Permit area; and Page 3 of 6 WHEREAS, Developer owns 2.53 acres of impervious surface area within the area covered by the Permit, which is Fifty-nine and 7/10s percent (59.7%) of the total Permit area; and WHEREAS, by accepting ownership of impervious surface area covered by the Permit, the City will assume certain responsibilities and obligations under the Permit; and WHEREAS, the Parties wish to define their respective responsibilities for the maintenance of the Stormwater System and payment of fees to the Agency. NOW THEREFORE, in consideration of these mutual premises and covenants herein contained, and other good and valuable consideration, Developer, acting by and through Alan H. Bartlett, duly authorized agent of Developer, and the City, acting through its City Council, covenant and agree as follows: 1.The Parties agree that they will be co-permittees under the Permit. 2.Developer, its successors and assigns, shall be solely responsible for maintenance of all components of the Stormwater System located on property owned by Developer, its successors and assigns, including any and all costs related thereto. 3.The City shall be solely responsible for the Routine Maintenance of all Stormwater System components located within the right-of-way for Sommerfield Avenue, including all costs related thereto. 4.The Parties agree that until such time as the City formally accepts ownership or maintenance responsibility of the entire Stormwater System, it shall not be responsible for the maintenance of any component of the Stormwater System located outside of the right-of-way for Sommerfield Avenue. Page 4 of 6 5. For the purpose of this Agreement, “Routine Maintenance” shall only be that work required to enable the Stormwater System to collect and transport stormwater as intended and shall specifically exclude any upgrade of the Stormwater System or substantial reconstruction following catastrophic damage. Any reconstruction of the Stormwater System following catastrophic damage shall be performed by Developer. 6. Developer shall be responsible for the payment of all fees and costs to the Agency arising out of the Permit, including but not limited to permit application fees, annual operating fees, renewal fees, administrative processing fees, fines or penalties assessed by the Agency under the Permit. 7. In accordance with its pro-rata share of impervious surface area covered by the Permit, the City only shall pay to Developer Forty and 3/10s percent (40.3%) of the annual operating fee that Developer pays to the Agency pursuant to Paragraph 6 above, except as provided below, within thirty (30) days of receiving an invoice from Developer together with substantiation that the fees were paid to the Agency. 8. The City shall not be responsible or liable for any fines which may be assessed by the Agency as a result of the negligence of Developer or the failure of Developer to abide by the Permit conditions. 9. Developer shall be solely responsible for carrying out and submitting to the Agency all applications, reporting, permit renewals and other documentation required by the Permit. 10. The City will not seek to recover from Developer any costs incurred by the City in the Routine Maintenance of the portions of the Stormwater System on or under property owned by the City or within the City’s right-of-way for Sommerfield Avenue, Page 5 of 6 other than the fee generally assessed to owners of property with impervious surfaces in the City. 11.The Parties agree that conformance with any future changes to the Permit or amendments to the Permit shall be the responsibility of Developer. If new or amended Permit requirements require changes, upgrades or alterations to the portions of the Stormwater System located on or under property owned by the City or within the City’s right-of-way for Sommerfield Avenue, the Developer shall perform any such changes, upgrades or alterations to the Stormwater System and its components at its own cost and expense, and the City agrees to work cooperatively with Developer so it can maintain Permit compliance and conform the Stormwater System to future conditions of the Permit or any Permit amendments. 12.Nothing contained in this Agreement shall be construed as obligating Developer to dedicate those portions of the Stormwater System located on the Developer’s property as public infrastructure, and, likewise, nothing contained in this Agreement shall be construed as obligating the City to accept any such proffered dedication. 13.The Parties agree that this Agreement is not affected by the past or future issuance of stormwater utility credits by the City of South Burlington Stormwater Utility. To the extent that the South Burlington Stormwater Credit Manual may now, or in the future, contain provisions contrary to this Paragraph 13, the Parties agree that this Paragraph shall supersede the Credit Manual. 14.Any amendments to this Agreement must be in writing, signed by the party to be charged and witnessed or acknowledged. 15.The Parties hereto agree that either party may record this Agreement in the City of South Burlington Land Records without further consent from the other party. Page 6 of 6 16.This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. DORSET STREET ASSOCIATES, LLC ________________________ By: _____________________________________ Witness Alan H. Bartlett, Duly Authorized Agent STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At ___________________, Vermont, this _____ day of ___________________, 2020, personally appeared Alan H. Bartlett, Duly Authorized Agent of Dorset Street Associates, LLC, and he acknowledged this instrument, by him subscribed, to be his free act and deed, and the free act and deed of Dorset Street Associates, LLC. Before me, _____________________________________ Notary Public My Commission Expires: _____________ CITY OF SOUTH BURLINGTON ________________________ By: _____________________________________ Witness Kevin Dorn, City Manager and Duly Authorized Agent STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At South Burlington, Vermont, this _____ day of February 2020, personally appeared Kevin Dorn, City Manager and Duly Authorized Agent of the City of South Burlington, and he acknowledged this instrument, by him subscribed, to be his free act and deed, and the free act and deed of the City of South Burlington. Before me, _____________________________________ Notary Public My Commission Expires: _____________ Stormwater System Maintenance Agreement – Sommerfield Avenue Exhibit A 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com Memorandum To: Kevin Dorn, City Manager From: Dalila Hall, Zoning Administrator Date: January 31, 2020 Re: Sommerfield Avenue Acceptance The City is being requested to accept Sommerfield Avenue (highlighted on the attached Plan and Subdivision Plat) as a City Street. Deputy City Attorney Amanda Lafferty conducted a title search of the property to be acquired by the City and has indicated that the City may accept this street. Public Works Director Justin Rabidoux indicated in an email dated August 15, 2019 that he found the street to be acceptable. Therefore, the street is ready for the Council to accept as a new City Street. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com To: Kevin Dorn, City Manager From: Ilona Blanchard, Project Director Subject: Certification of Increase in Taxable Value and Final TIF District Annual Report Date: February 3, 2020 Background: The City is required to report annually to the Vermont Economic Progress Council (VEPC) on the status of the South Burlington TIF District. Annual Reports cover the prior fiscal year and the Grand List against which taxes are levied in that fiscal year versus the TIF District’s Original Taxable Value in 2012. This Annual Report is on FY2019 (July 1, 2018 – June 31, 2019) and expenditures and changes during that period. It also reports on 2018 Grand List (value and number of parcels/acreage as of April 1, 2018) relative to the Original Taxable Value and number of parcels/acreage. Taxable Value Certification. Each year the City Assessor certifies the increase in taxable value of the TIF District as of 2012. The taxable value for the 2018 Grand list was $40,581,600. The Original Taxable Value is $35,387,700, thus, the increase in taxable value is $5,193,900. The increment for FY 2019, 75% of the taxes levied on the increase in value on the April 1, 2018 Grand List, was $84,928. Annual Report. Staff completes a form which provides a snapshot of changes to parcels within the district in FY 2019 including development that has occurred, project expenditures that have been made, debt that has been incurred, expenditures to VT firms that have been hired by the City, new employment created and new businesses that have opened, and progress towards the criteria that were used to approve the TIF District. This year, Vermont Economic Progress Council requested that the City provide information on four project which have not advanced significantly. The City has included information in the report that if the parking garage, stormwater and wetland mitigation, recreation center, and urban park do not advance by 2021, the City will request a substantial change to the TIF District Plan. To date, the City has incurred $5,000,000 in TIF District financed debt. Voters have approved an approximately $5,500,000 in additional TIF debt, which will likely be borrowed closer to 2021. Two years ago, the City reported a change to the original taxable value to correct an error in the boundary, and the City received final certification from Department of Taxes Property Valuation and Review (PVR) in November of 2019. Changes to Individual Parcels. PVR, as per statute, considers lots owned by the same entity to be one parcel. The City’s land records, often at the request of landowners, in prior years listed these as multiple parcels (similar to land development definition of the word parcel). PVR requested that the City address this discrepancy in the TIF District by combining all adjacent lots under the same owner into one lot. This had been completed with no change in value. Other parcel changes are related to a minor lot line adjustment and resurvey to a property on San Remo Drive. Sources of Non-TIF Revenues. VEPC has been asked to remove line 1 (Reserve Fund) of this table and replace it with line 9 (Municipal Debt Proceeds, for which the amount secured has not been updated, but at the moment is $14,000,000). The request to remove the Reserve Fund line is because the value of the other non-TIF revenues reported in this table have been used to fund project costs; however, reserve funds would service municipal debt proceeds that fund project costs. Reserve funds should not be classified in the same group as revenues directly funding project costs, so the amount has not been updated. Attachments: •2019 Annual Report Recommendation: Accept Certification of Increment and presentation of Annual Report I. Municipality & District Reporting Period: Name of Person Completing Report Grand List Year: Title Email Address Telephone Date Report Completed II. OTV Total Acres OTV Total Parcels Current Acres Current Parcels Municipal (General Fund) Homestead Non Residential 1 2 3 4 5 6 Total TIF Revenue Source 1 2 3 4 5 -$ -$ -$ -$ Total:-$ -$ -$ Interest Earnings -$ -$ 5,193,900$ -$ -$ -$ -$ -$ 65,124$ 84,928$ Municipal Homestead- Education Non Residential- Education Total Education 0.5084$ -$ Total Special Municipal Tax Total Municipal (General Fund) & Special Rates -$ 65,124$ Other TIF Fund Income Education Municipal Total 1.6718$ Increase (Decrease) in Taxable Values (auto-calculated) List Special Municipal Tax Rates -$ -$ -$ -$ -$ -$ -$ 5,193,900$ 5,193,900$ Municipal Homestead- Education Non Residential- Education Total Education TIF Increment Revenue Retained for Reporting Year 19,804$ Parcel Information 103.33 44 $ 35,387,700 Total Education Taxable Values as of April 1 Tax Rates Applied to the April 1 Grand List 0.5084$ 1.5506$ 40,581,600$ 1,094,200$ 39,487,400$ 40,581,600$ Municipal Homestead- Education Non Residential- Education Total Education $ 35,387,700 $ 1,094,200 $ 34,293,500 Municipal Homestead- Education Non Residential- Education Tax Increment Financing District Vermont Economic Progress Council Vermont Department of Taxes VEPC Staff Contact Information: Abbie Sherman, (802) 793-0721, abbie.sherman@vermont.gov July 1, 2018 - June 30, 2019South Burlington: City Center TIF District 2018Ilona Blanchard Community Development Director iblanchard@sburl.com 802-846-4123 January 15, 2020 NOTE: All information reported on this form by the municipality must be for the Reporting Period and Grand List Year identified above. Base Data (Original Taxable Value) 103.37 59 District Information: TIF District Data: Reports are due on or before January 15, 2020 1/8 1 2 3 4 5 III. Public Vote Information. Check the appropriate box. Make sure to provide the date if information has been submitted to VEPC. Yes there were public votes and/or debt obligations during this reporting period. Vote and debt obligation documents were submitted to VEPC. (Enter date submitted) Vote and debt obligation documents are uploaded with this report. Term in Years Interest Rate Terminated1 30 3.39% 11 5.60% 2 3 0 0.00% Total No Interest Paid Yes, please provide details. Fees/Other Costs Paid Total Paid -$ -$ 2,243,694$ 7,243,694$ -$ -$ 7,243,694$ -$ -$ 162,133$ 340,909 2,950,000$ 162,133$ 5,000,000$ 5,000,000$ Refinancing. Was any portion of TIF District debt refinanced during this reporting period?Annual Debt Service Principal Paid -$ 162,133$ -$ 162,133$ Additional Information The City incurred 14 million dollars in debt in FY 2019; a portion of the amount authorized under the 11/2019 TIF Debt Vote for 180 Market Street (Library, City Hall, Senior Center). Information regarding this debt was provided to VEPC in case funds are programmed to be serviced by TIF increment. At this time, it is anticipated that this portion of the debt will wholely be serviced by City funds and not TIF Funds. 8/2/2017-11/1/2037 5,000,000$ -$ -$ 5,000,000$ -$ -$ 3,250,000$ 1/1/2016-12/31/2025Example: Main Street Lights - General Obligation Bond 2017 TIF DEBT (Market St/CC Park) New Debt: 3,750,000$ 500,000$ 2,243,694$ Total Payment for Reporting Period Additional Information This year, the City, at the direction of PVR combined any adjacent land parcels (subdivided land) owned by a single entity into one tax parcel. Note that under Parcel Information at the top of the report in the boxes for Current Acres and Current Parcels the total number of parcels includes non-taxable parcels. The area of Right-of-way parcels are included in the total acreage, but these parcels are not in the number of parcel count (mirroring to the OTV). Votes and Financing: Debt Instruments Remaining Principal Balance TotalInterest Existing Debt: No public votes or debt obligations occurred during this reporting period. 11/8/2018 Principal Period (ie. 1/1/2016- 12/31/2026) Infrastructure and Debt Now 5.85 Acres; absorbed 600-188-15168 (2.95 acres) and 600-188-17909 (.55 acres) Now .94 acres; absorbed 600-188-11718 (.07 acres) and 600-188-11715 (.28 acres) Now .53 acres; was.46 acres, due to lot line adjustment (w/600-188-16567) and resurvey Now 2.22 acres; absorbed 600-188-14490 (.66 acres) SPAN Number 600-188-14489 600-188-14202 600-188-11988 600-188-16566 600-188-14491 Changes to Individual Parcels Describe Change Now 32.94 Acres; absorbed 600-188-18109 (4.01 acres) Direct Payments: Enter the total amount of any TIF direct payments made during this period.-$ Date Approved by Voters: 2/8 Changes to Individual Parcels; continued SPAN NUMBER Describe Change 6 600‐188‐15587 Now .89 acres; absorbed 600‐188‐14477 (.43 acres) 7 600‐188‐14034 Now 1.24 acres; absorbed 600‐188‐13157 (.72 acres) 8 600‐188‐13753 Now 3.10 acres; absorbed 600‐188‐16123 (.86 acres); and 600‐188‐16124 (.62 acres) 9 600‐188‐14493 Now 1.26 acres; absorbed 600‐188‐14492 (.43 acres); and 600‐188‐14494 (.41 acres) 10 600‐188‐16567 Now .49 acres: was .60 acres, due to lotline adjustment w/600‐188‐16566 and resurvey 11 600‐188‐15452 Now .43 acres; absorbed 600‐188‐15464  (.26 acres) 12 600‐188‐16252 Now .4.45 acres; absorbed 600‐188‐14292  (.25 acres) IV. Pedestrian/Bicycle Bridge over I89 - Design and build a pedestrian/bicycle bridge over I-89 in the vicinity of Williston Road so that these alternative modes are not crossing four accesses to I-89 and traveling directly adjacent to traffic. The City completed a cost-benefit analysis, initiated the second phase of scoping (in partnership with CCRPC), and submitted an application for BUILD funding.16,194$ 19,208$ 35,402$ 8 Improvements and Funding: Improvement Expenditures Total Improvement Expenditure for this report period The amount paid with Non-TIF Revenues The amount paid with TIF Revenues Of the Total Expenditure listed: 10 Library - Provide a downtown Public Library separate from the High School as an integral part of the community by providing informational resources for educational and recreational needs of the community in an atmosphere that is welcoming and accessible to all, where communication of ideas, enlightenment of its citizens and personal enrichment can occur. 12 Name of Improvement -$ -$ 192,309$ -$ -$ Stormwater and Wetland Mitigation -Consolidated stormwater control and quality treatment system including stream and wetland restoration and mitigation. City Center Park/Dumont Park - Create a City Center park with entries and permeable and hardscape trails through the Dumont Park Property and potentially Tributary 3 vicinity serving City Center. Improve stream as necessary to utilize area within the 100 ft. onservation zone, and provide bridge crossings. Add landscaping and furniture to enhance and protect natural area and make park inviting.City Center Park (Dumont & Tributary 3) - Develop passive recreational infrastructure to build value into surrounding developments by providing adjacent greenery and natural area (woods and stream) park infrastructure. Central Urban Park - Install a Central Green surrounded by Festival Streets on two sides of the Central Green that may be closed for events. Will include walkways, pedestrian oriented lighting, landscaping, and possibly an open air structure such as for markets. 1 2 3 Phase I construction nearly complete. Not advanced in this fiscal year. Private Sector likley to build stormwater ponds independent of the City. City will substantial change if not advanced in 2021. Funding voted on and city debt secured. Land acquisition agreements complete, and design, engineering, and permit submittals near completion. 9 11 Recreation Center - This center will provide an indoor multi-generational recreation facility for the community and surrounding area. The center will feature an indoor gymnasium, food prep, multi-purpose activity space, class and meeting rooms, locker rooms, storage, offices and separate program areas for preschool, teens, and senior citizens, and performance space. Not advanced in this fiscal year. City will request a substantial change if not advanced in 2021.-$ 4,260,554$ 68,486$ 1,269,791$ 4,365,325$ 5,635,115$ Check Total -$ 68,486$ 751,142$ Municipal Building - Construct a downtown City Hall which includes City functions related to the City Manager's Office, City Clerk, Planning and Zoning, and the Tax Assessor's Office. Funding voted on and city debt secured. Land acquisition agreements complete, and design, engineering, and permit submittals near completion.-$ 280,128$ 280,128$ 5,635,115$ 4 5 6 Williston Road Streetscape - Build streetscape on Williston Road from Dorset Street to Hinesburg Road, north and south side to reduce pedestrian/bicycle vehicular conflicts, reduce the number of access points, and make alternative mode facilities more comfortable and safe. In the future, this roadway will serve as a gateway to City Center. This project was in preliminary engineering and NEPA clearance.9,210$ 36,812$ 46,021$ 7 Public Parking - Build a public parking garage to serve parking needs in City Center. Not advanced in this fiscal year. City will request a substantial change if not advanced in 2021.-$ -$ -$ Garden Street - Design, obtain right-of-way for and construct a street between Dorset Road at the Healthy Living access drive to Midas Drive, reconstruct Midas Street as needed as a commercial street and reconstruct the White Street/Williston Road intersection so that it functions as a standard cross intersection. Market Street - Reconstruct Market Street from Dorset Street to Hinesburg Road. Street will be reconstructed with a streetscape, utility infrastructure, and street furniture. Senior Center (Added by Substantial Change October 2018) -$ 155,716$ -$ 36,593$ 1,074$ 1,087,299$ -$ 3,173,255$ Some design work occurred during this year. This project was under construction. Funding voted on and city debt secured. Land acquisition agreements complete, and design, engineering, and permit submittals near completion.298$ 750,844$ Not advanced in this fiscal year. City will request a substantial change if not advanced in 2021. -$ -$ 1,074$ 3/8 Closed1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 V. $ - $ - $ - $ - $ - $ - Sources of Non-TIF Revenues Total Amount Secured for Each Source Total Amount Spent to Date $ 4,365,325 Total Amount Spent this Period Reserve Fund (City Funded each year, established 2013) $ - $ - $ - $ 53,300 Federal Aid-Iby Street City Center Park The amount paid with Municipal Revenue Total Cost for this report period. Total General Fund (all years) Market Street Federal Grants (2010) Roadway Impact Fees (City Special Fund) $ 2,200,000 $ 1,542 $ 5,485,695 $ 724,385 $ - Federal Aid-Williston Road Streetscape $ 800,000 Non-TIF Revenues Reported under Improvement Expenditures Related Costs $ 9,569,759 CCRPC - Pedestrian Bicycle X-ing over I-89 Exit 14 (Federal, 2017) $ 51,276 $ 70,472 $ 19,208 $ 36,812 Municipal Debt Proceeds $ 1,399,847 $ 1,098,208 $ - $ - $ - $ 7,022,214 $ - $ 1,251 $ 3,142,681 $ 30,574 $ 4,365,325 $ - $ - $ 1,542 $ 4,529,064 $ 724,385 $ 52,661 $ 36,593 $ 83,497 -$ -$ -$ -$ -$ -$ The amount paid with Education RevenueList and describe the related cost(s) Other Paper-TIF vote question notice - $126 Staple-TIF vote education outreach material - $271.80 RHR Smith and Company-Annual TIF audit - $4,000 Stowe Reporter/Other Paper-Nov 2018 TIF Vote Warnings - $820 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Dorset Square Associates (Blue Mall) - A portion of the Dorset Square Associates is available for redevelopment on Dorset Street. Mary Street LLC (Russell Properties Only) - 40,000 to 50,000 square feet to be developed as a hotel or residential housing. -$ Total Check -$ Performance Indicators: Standard Real Property Development South Burlington City Center - Approximately 800,000 square feet to be developed over 20 years. Conceptualized several years ago as 50% commercial, likely to be 75% residential, 25% commercial if built now. The 800,000 square feet may include 75,000 square feet of institutional development (non-taxable). 3,360,000$ Continues. Allard Square mixed affordable housing opened in winter 2018, Champlain Housing Trust affordable housing project went under construction. Parcel has been subdivided into multiple lots. Garden Street was realigned. Snyder-Braverman submitted additional projects to the Development Review Board. Black Bay Ventures developed 12 units adjacent to the existing townhomes. GL 2018 Assessed Value Shown. 1 Malone Properties (Trader Joes and Healthy Living) - Malone Properties is obtaining permits to develop 12,800 square feet of retail for a Trader Joes and 14,000 square feet for retail and office tenants to be determined. Should market demand in the area increase and parking/stormwater be resolved there may be infill development. 6,575,300$ Project completed in prior years. GL 2018 Assessed Value Shown.2 3 4 Recreation Impact Fee (City Special Fund) $ 123,364 $ 123,364 CCRPC - Williston Road Streetscape (Federal, 2016) $ 100,000 $ 67,579 $ - 3,678,400$ No activity. GL 2018 Assessed Value Shown. 4/8 1 11 2 12 3 13 21 0 54 3 South Burlington 22 0 55 0 Jobs NAICS Code Increase or (Decrease)Previous Location (if known)NAICS Code Increase or (Decrease)Previous Location (if known) 11 0 53 0 33,864,000$ Total Employment Opportunities New Employees fulfilling the performance standard for the TiF District were reported in 2014. Allard Square added one full time person, and has three part time staff that would make a full position. Three positions moved from another location in South Burlington to this location. Additional Information Blackbay Ventures developed on Market Street (previously 135 Hinesburg Road) and added 12 units. The total assessed value of the two developments in the GL2018 was $2,211,400. Note that the full value of any units completed in FY19 will not be realized until the GL2019 or the GL2020 depending upon if thier completion date falls before April 1 or after April 1. Mandated 5 Various San Remo Drive Properties - 120,000 square feet to be developed in multiple projects on non-designated San Remo Drive properties to meet existing business expansion needs or accommodate new businesses. Most would be 3,000-4,000 SF, with one or two full scale redevelopments on larger parcels such as owned by Champlain Oil, Champlain Farms or PC Construction. No activity. GL 2018 Assessed Value shown for all properties (prior years has reflected some but not all properties). 15,075,700$ 9 South Burlington School District - There is sufficient land area on this site that an infill building of approximately 70,000 square feet could be located on this property. No activity. No value is attached to the property. -$ 8 Chastenay Estates - Approximately 100,000 square feet of residential development is likely to occur on this parcel. Property was put on the market, but the owners declined all offers. GL 2018 Assessed Value Shown. 545,700$ 7 Sonrise Partnership - Approximately 66,000 square feet of infill apartment development. No activity. GL 2018 Assessed Value Shown. 2,104,700$ 6 Poon Trust LLC - Approximately 60,000 square feet to be development as residential, with commercial on the ground floor should the market support it. Building was renovated to include four apartment units. GL 2018 Assessed Value Shown. 858,200$ 4 1,666,000$ No Activity. GL 2018 Assessed Value Shown. 5/8 4 14 5 15 6 16 7 17 8 18 9 19 10 20 1 11 2 12 3 13 4 14 5 15 6 16 7 17 8 18 9 19 10 20 Total Amount of Work Performed 5,090,625$ SB Signs 175$ Stitzel Page & Fletcher 7,033$ All Seasons Excavating 186,000$ State of Vermont, Department of Public Safety 145,562$ LightSpaceDesign 1,440$ Wiemann Lamphere Architects 882,102$ The Other Paper (now Stowe Reporter)5,690$ Pawprint + Mail 2,902$ Staples 272$ SW Cole 5,000$ Landworks 6,134$ South Burlington Realty Co 11,756$ J.A. McDonald 3,596,449$ BLANK Vendituoli Limited 5,000$ Philip Godenschwager dba Atlantic Art Glass 500$ Stantec (some payments via or from CCRPC)36,476$ Engelberth Consruction 47,223$ Identify Source/Method for Obtaining Jobs Information Allard Square/verbal confirmation Vermont Firms Name of Vermont Firm Total amount of work performed Name of Vermont Firm Total amount of work performed VHB - 10% NH Office/90% VT Office 141,176$ The Johnson Company (now VHB)9,736$ 52 0 92 0 Total Jobs Increase (Decrease)5 48-49 0 72 0 51 0 81 0 New 42 0 62 1 New 44-45 0 71 0 23 0 56 0 31-33 0 61 0 Additional Information Represents all project funding sources, not just TIF. Firms without an office in VT even with all VT employees on the project are excluded. TIF District Specific Transportation Enhancements 6/8 No project was completed during this time period. Business Development Met expectations. The activity on the part of the City in the TIF District has attracted the interest of many businesses suitable for a downtown. 7/8 Additional Information Housing numbers represent the units completed in FY 2019 only. Net Total 25 0 55 Housing Changes (optional) Affordable Housing Market Rate Housing Total New 25 30 55 Elminated 0 8/8 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com To: Kevin Dorn, City Manager From: Ilona Blanchard, Project Director Subject: Resolution to Commission Public Art for 180 Market Street (Library, City Hall, Senior Center) Date: February 3, 2020 Background: In 2015, the City Council approved a resolution creating a Public Art Selection Committee (Committee). Since then the Committee has engaged in a competitive selection process for public art for the 180 Market Street Project. The Committee issued a Call to Artists requesting qualifications, reviewed the qualifications and solicited art proposals from four of the artists that had submitted qualifications. Each artist selected was provided an honorarium to develop a proposal, which was provided to the Committee for review. The Committee also solicited comments from the public and the project team. Finally, the Committee interviewed each of the four finalists regarding their proposal, work and process. The finalists were narrowed down to Philip Godenschwager, who was contracted with to develop the proposal into a design that could be considered by the committee. Attachments: •Resolution authorizing commissioning of artwork for the 180 Market Street Project. Recommendation: Listen to the Committee’s presentation and consider approving the resolution R-2017- RESOLUTION A RESOLUTION AUTHORIZING THE COMMISSIONING OF ART FOR MARKET STREET WHEREAS, the City of South Burlington, Vermont (“City”) recognizes the transformative power of art and importance of art in establishing identity in the public realm; and, WHEREAS, the City is authorized to use a combination of grants, impact fees, and Tax Increment Financing to build 180 Market Street now under construction; and, WHEREAS, the City Council has resolved that all public projects, excluding routine maintenance, in City Center would incorporate public art and to achieve this goal, 1% of the overall budget or $50,000 (fifty thousand dollars), whichever is less, would fund the acquisition and installation of the public art component; and WHEREAS, the Public Art Selection Committee has held a competitive selection process which included soliciting public input; and, WHEREAS, Philip Godenschwager has submitted a proposal which best met the selection criteria, was well received by the public, and has been vetted as achievable by the project team; and WHEREAS, the Public Art Selection Committee on January 14 unanimously approved a motion to “the committee accept the proposal as presented and make a recommendation to the City Council to commission this piece for 180 Market Street from Philip Godenschwager”. NOW, THEREFORE, BE IT RESOLVED that the South Burlington City Council hereby authorizes the City Manager to negotiate and execute a contract with Philip Godenschwager to commission “A Time for Every Season” for the 180 Market Street Reconstruction Project. APPROVED this _____ day of ________________. SOUTH BURLINGTON CITY COUNCIL __________________________________ ________________________________ Helen Riehle, Chair Meaghan Emery, Vice Chair __________________________________ ________________________________ Tim Barritt, Clerk Tom Chittenden __________________________________ Dave Kaufman Kevin Dorn, City Manager, City of South Burlington, 575 Dorset Street, South Burlington, VT 05403 802.846.4107 To: City Council From: Kevin Dorn, City Manager Subject: Local Option Tax on Aviation Fuel and MOU on Airport Noise Date: January 31, 2020 Background: Item 9 on the Council agenda for Monday night combines a discussion about committing the Local Option Tax (LOT)/Tax on Aviation Fuels with the review of an updated MOU between the cities of South Burlington, Winooski and Burlington on noise issues related to Airport operations. As you know, the portion of the LOT that derives from the sale of jet aircraft fuel must be reinvested in aviation-related activities per FAA regulations. We estimate average annual revenues to this fund of between $70,000 and $80,000. There is a current balance in the fund of $97,975.83 As these funds are restricted in their use, the Council needs to decide how you want them to be invested. The most obvious investments could be to augment the NCP programs by improving sound insulation in homes outside of the NCP program, to be used as part of the so-called “local match” to any federal grants received under the NCP or a combination of both. It may be a little more problematic to gain approval on things like maintenance of Airport Drive or reimbursing the fire and ambulance services we provide when we respond to emergencies on Airport property but those, too might be considered. As for the MOU, I have included in your packet an updated version that edits out those items that have been overtaken by time. Helen would like input from the Council on the remaining provisions or new provisions you would like to introduce so that she can continue the dialog with Mayors Weinberger and Lott. Recommendation: Discuss and decide the issue of how to invest the LOT/Aviation Jet Fuel funds and direct staff to create a resolution that captures your decision to be considered at a future Council meeting. Review the MOU and make recommendations on amendments to be incorporated. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BURLINGTON, CITY OF SOUTH BURLINGTON, AND CITY OF WINOOSKI WHEREAS, the City of Burlington owns and operates the Burlington International Airport (Airport), which is physically located in South Burlington, and is an important contributor to the local, regional, and statewide economy; and, WHEREAS, the Airport prepared its first Federal Aviation Administration (FAA) Part 150 Noise Study in the 1980s, produced its most recent Noise Compatibility Program (NCP) update in 2008, and created its most recent Noise Exposure Map in 2015; and, WHEREAS, the Airport has updated the NEM, and updated NCP documents are scheduled to be released late 2019; and, WHEREAS, the Noise Exposure Maps, which are accepted by the FAA, include the modeling of weighted day-night average noise levels (dnl) for areas surrounding the Airport affected by Airport sound, along with a display of 65+ decibels (dB), 70+ dB, and 75+ dB dnl contour lines; and, WHEREAS, the FAA has determined that residential land use and related structures are not compatible and should be prohibited, or prohibited with conditions, within the 65+ dB dnl contour, and therefore, federal funds may be made available to assist with sound mitigation within that area through the Airport Improvement Program (AIP); and, WHEREAS, through the Airport’s FAA approved Noise Compatibility Programs, the Airport has acquired residential properties with FAA AIP funds since the 1990s; built a living sound wall which did not work effectively; made operational changes on the terminal apron including aircraft startup and pushback procedures; and completed taxiway golf redesign to move the taxiway further from the neighborhood, which construction started in 2018; and, WHEREAS, Noise Exposure Maps released in late 2015, reflective of current operations at the Airport, identified 976 residential units in South Burlington, Winooski, Colchester, and Burlington within 65+ dB dnl contours that would be eligible for FAA AIP funds for all sound mitigation efforts approved by the FAA in the Airport’s NCP; and, WHEREAS, a draft updated Noise Exposure Map was released for public comment on May 28, 2019, and shortly will have incorporated public comments which then will be published, along with answers to public questions, and submitted to the FAA; and, WHEREAS, this 2019 Noise Exposure Map is reflective of future operations at the Airport and has identified 2,640 homes in South Burlington, Winooski, Colchester, and Burlington within the 65+ dB dnl contours; and, WHEREAS, it is expected that a significant portion of those homes may be eligible for FAA AIP funds, if available, for sound mitigation efforts, once the Airport’s NCP is approved by the FAA; and, WHEREAS, the administrations and legislative bodies in Burlington, South Burlington, and Winooski have expressed a strong and continued commitment to increasing the supply of affordable and moderately-priced homes in the region through development incentives and housing retention efforts; and, WHEREAS, the current administrations and legislative bodies of all three cities believe that removing existing housing is not their preferred method of sound mitigation within the identified contours; and, WHEREAS, as the Airport sponsor under FAA rules, the City of Burlington may apply for AIP grants to carry out its approved Noise Compatibility Program; and, WHEREAS all three cities have expressed a desire for a new Noise Compatibility Program that includes a variety of techniques for ensuring compatibility of land uses, including sales assistance, purchase assurance, and sound insulation to reduce indoor sound levels; and NOW THEREFORE, the Cities of Burlington, South Burlington, and Winooski, for the commitments set forth herein, do hereby state their understanding and intentions to be as follows: 1. The City of Burlington shall: a.Continue to work to transition from the home purchase and demolition program to a sound insulation program, pending approval from City of Burlington officials, the Airport Commission, and the FAA. b.Ensure that the Technical Papers considered by the Technical Advisory Committee, which describe each of the potential sound mitigation options, are posted to the Airport’s website for public availability. c.Ensure that the community comments and concerns made during the NEM Public Comment period are fully integrated into the final 14 CFR Part 150 Update. d.Ensure that comments are solicited from the Technical Advisory Committee and integrated into the NCP. e.Ensure that comments presented by the legislative bodies of affected communities are recognized and integrated into the NCP. f.Finalize the draft Noise Compatibility Program application including an opportunity for public comment. Respond to any public comments as appropriate, make them available on the Airport’s website for public review, edit the NCP documents as appropriate based on public feedback, and package them for formal submission to the FAA (the current plan is for submission in late 2019). g. Complete the design of a ventilation package for the Chamberlin Elementary School, in consultation with South Burlington officials, that will effectively allow sound mitigation within the school building, and apply for an FAA grant to pay for those ventilation measures. h. Provide quarterly written updates on general airport operations, including the status of FAA grants, to all five surrounding communities and post these updates on the Airport’s website www.BTVsound.com i. Attempt to comply with requests for presentations to the boards of those five surrounding communities as long as they are consistent with airport operations. j.At the next annual City meeting, pursue an amendment to the Burlington City Charter to add a voting seat for the City of Winooski to the Airport Commission. k.Apply for an FAA grant that will include a consultant to manage the NCP program, under the direction of the Airport. Once the NCP has been approved, commit to submit requests for FAA NCP funding annually. l.Work with South Burlington and Winooski (and any other surrounding communities) to advocate at the State legislature for state funding for the local match and to identify other sources to meet the local match requirement of the FAA funding, including contacting Vermont’s federal delegation for assistance at the federal level. m. m.Commit to explore opportunities to partner with other funders to maximize the improvement of housing stock within the entire 65+ dnl as sound mitigation efforts are under way. This could include partnerships with Efficiency Vermont, VT Gas, the LEAD program, HOME dollars or other local, state and federal funding partners. n. n. n. Commit to working with all eligible property owners that wish to participate in the NCP programs to work with the FAA, following all federal regulations and guidelines, to apply for grant funding for as many eligible property owners annually. o.If the joint efforts to pursue State and Federal funding for the local match do not meet the full necessary dollar amount, the City of Burlington will explore using airport revenues to meet the local match requirement. 2. The City of South Burlington shall: a.Continue to actively participate in the Airport’s process around sound mitigation, as outlined above. b. Support and hear regular reports from its representatives to the Airport Commission and Technical Advisory Committee. c.Offer any public comments its boards wish to submit on the NCP or NEM at the formal public hearing or in writing during the public comment period. d.Facilitate submission of formal public comments by South Burlington stakeholders in the NCP process. e.Explore options for creating compatible land uses in the areas affected by the Airport and compatible building code requirements for future buildings. f.Explore appropriate transportation network modifications to support Airport operations. g.Invite Airport personnel to meetings of city boards to address administration or public concerns. h.Work with the Airport to address issues associated with various noise mitigation options, such as the tax consequences of property improvements and of property taken out of residential use while repairs are made. h.i. Commit to investing allocated Local Option Taxes collected from Aviation Jet Fuel Sales to noise abatement programs in areas within the 65 dbl line. i.Commit to funding local match portions of all NCP grants using the allocated Local Option Taxes collected from Aviation Jet Fuel Sales annually… j.Work with Burlington and Winooski (and any other surrounding communities) to advocate at the State legislature for state funding for the local match and to identify other sources to meet the local match requirement of the FAA funding including contacting Vermont’s federal delegation for assistance at the federal level.. k. Commit to explore opportunities to partner with other funders to maximize the improvement housing stock within the entire 65+dnl as sound mitigation efforts are under way. This could include partnerships with Efficiency Vermont, VT Gas, the LEAD program, HOME dollars or other local, state and federal funding partners. 3. The City of Winooski shall: a.Continue to actively participate in the Airport’s process around sound mitigation, as outlined above. b.Provide a representative to serve on the Airport Commission once the charter change is approved . c.Attend public meetings of the Technical Advisory Committee Airport Commission and/or other airport meetings. d.Facilitate submission of formal public comments by Winooski stakeholders in the NCP process. e.Explore options for creating compatible land uses in the areas affected by the Airport and compatible building code requirements for future buildings. f.Explore appropriate transportation network modifications to support Airport operations. g. Invite Airport personnel to meetings of city boards to address administration or public concerns. h. Work with the Airport to address issues associated with various noise mitigation options, such as the tax consequences of property improvements and of property taken out of residential use while repairs are made. i.Work with Burlington and South Burlington (and any other surrounding communities) to advocate at the State legislature for state funding for the local match and to identify other sources to meet the local match requirement of the FAA funding, including contacting Vermont’s federal delegation for assistance at the federal level.. j.Commit to explore opportunities to partner with other funders to maximize the improvement housing stock within the entire 65+dnl as sound mitigation efforts are under way. This could include partnerships with Efficiency Vermont, the LEAD program, HOME dollars or other local, state and federal funding partners. k. 4. The Cities of Burlington, South Burlington, and Winooski agree that the three cities will do everything feasible to ensure that the general funds of the three communities are not responsible for the local match. They agree to send a joint letter to Vermont’s federal delegation and a letter to the state legislature and the governor asking the state and/or the Department of Defense to contribute funds for the local match. The three communities also agree to work with local utilities to maximize the availability of weatherization incentive money. 5. The City of Burlington, City of South Burlington, and City of Winooski agree that nothing in this MOU affects homeowners who have already been identified as eligible for home buyout through an AIP grant for home acquisition that is open as of the date stated directly above the signatures below. In addition, while home buyout may not be the preferred method of essing noise concerns, the parties acknowledge that as a condition of any AIP grant, the FAA may require the Airport to continue to offer acquisition to certain homeowners—for example, those within the 75 dB DNL contour area in any future NEM. 6. The City of Burlington, City of South Burlington, and City of Winooski agree that any of them shall have the right to terminate this MOU upon 90-days written notice to the others. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE TO FOLLOW] DATED this _____ day of _________ 2019. CITY OF BURLINGTON ___________________________ Duly Authorized CITY OF SOUTH BURLINGTON ___________________________ Duly Authorized CITY OF WINOOSKI ___________________________ Duly Authorized 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: Kevin Dorn, City Manager; South Burlington City Council FROM: Paul Conner, Director of Planning & Zoning South Burlington Planning Commission SUBJECT: Proposed Amendments to the Land Development Regulations – Inclusionary Zoning & Affordable Housing Density Bonus DATE: February 3, 2020 City Council meeting The Planning Commission is pleased to present a series of proposed amendments to the Land Development Regulations related to the expansion and modification of Inclusionary Zoning standards and minor changes to Affordable Housing Density Bonus standards. These amendments originated from the Affordable Housing Committee (Committee). There have been several steps to arrive at this point: •The Committee initially presented a draft to the Planning Commission in the fall of 2018. The draft led to a series of fruitful discussions and guidance. •The Committee presented the approach the City Council in January 2019 and obtained concurrence from Council to proceed with the work (and have the Planning Commission proceed with the work) during the Interim Zoning period •The Committee worked over the spring and summer, with the assistance of staff from the Chittenden County Regional Planning Commission under contract with the City, to clean up, refine, and bring the draft back to the Planning Commission •The Planning Commission received the revised draft in October 2019 and warned a public hearing •During the public hearing warning period, the Committee held a listening session with property owners/developers, and work sessions to work through feedback and provide recommended changes to the Commission at their public hearing. •The Planning Commission held its public hearing on December 10, 2019. Following the hearing, the Commission worked through feedback and had updated drafts for review (and input) on December 17, January 14, and January 28, 2020. •The Commission voted 5-0 to approve the amendments and accompanying Report for submittal to City Council on January 28, 2020. Substance of the amendments: A full presentation on the proposed amendments will be provided as part of the City Council’s public hearing as is traditionally done. A brief summary will be provided at Monday’s meeting, highlighting the key provisions of the amendments. They are: 2 Inclusionary Zoning Provisions 1.Inclusionary Zoning expanded to include the Transit Overlay District and adjacent areas exempted from Interim Zoning. The current Inclusionary zoning applies only in the City Center FBC District. This draft expands the applicable area to the area shown on the enclosed map (also part of the LDRs). If a parcel or PUD is partially located within the mapped area, the entire parcel or PUD is subject to the standards. 2.Inclusionary Zoning provisions are required for projects with 12 or more new dwelling units 3.Homes must be affordable in perpetuity to the following household area median income (AMI) targets: a.For rental units: 15% of homes priced and eligible to households at or below 80% AMI b.For ownership units: 10% of homes priced at 80% AMI and eligible to households at or below 100% AMI. 4.Developer Offsets and Incentives are critically important because the program should not slow the overall production of housing and the City is obligated under State law to provide offsets to accommodate the developers provision of a public good. The offsets include: a.Prior reduction of parking requirements for all housing in the City (adopted fall 2019) b.One additional market rate unit is granted as offset for each required rental inclusionary unit; c.Two additional market rate units are granted as offset for each required owner inclusionary unit; d.A maximum density increase of 50% where additional inclusionary units above the minimum are provided. The 50% increase mimics the current affordable housing density bonus provision available in these same land areas. e.Alternatives available to developer: land dedication in lieu of inclusionary unit construction and off-site construction of inclusionary units. f.Credit for larger inclusionary units to qualify as more than one required inclusionary unit. g.Allowance for increase building and lot coverage to accommodate offset units 5.Applies to all projects submitting for preliminary plat or site plan review. Affordable Housing Density Bonus 1.The applicable area of this existing standard is reduced to eliminate areas where Inclusionary Zoning applies. 2.The definition of an affordable unit is modified for ownership units from the current requirement of 80% of median income (price and eligibility) to being priced at 80% AMI and eligible to households at or below 100% AMI. 3.Affordable Units must be no less than 70% of the size of market rate units. 4.Administrative elements related to ongoing affordability modified to match Inclusionary Zoning. Enclosures to this packet: For ease and clarity of reading, staff has attached the proposed language in two formats: •Full red-line version. This version shows all changes from the current, adopted language in the Land Development Regulations. Additions are in red underline; deletions are in red strikethrough. •Clean version. This version is a completely clean version of what the LDRs would look like if adopted. •Also enclosed is the Planning Commission’s Report on the draft amendments. Recommended Action: Staff recommends that the City Council vote to warn a public hearing on the proposed amendments. Recommended date is Monday, March 16th at 7:30 pm. “I move that the City Council hold a public hearing on proposed amendments to the Land Development Regulations numbers LDR-19-13A and LDR-19-13B on Monday, March 16th at 7:30 pm.” Inclusionary Zoning Applicable Area ¹ Disclaimer: Some areas may be subject to more than one overlay district. The accuracy of information presented is determined by its sources. Errors and omissions may exist. The City of South Burlington is not responsible for these. Questions of on-the-ground location can be resolved by site inspections and/or surveys by registered surveyors. This map is not sufficient for delineation of features on the ground. This map identifies the presence of features, and may indicate relationships between features, but it is not a replacement for surveyed information or engineering studies. Map updated by South Burlington GIS. All data is in Vermont State Plane Coordinate System, NAD 1983. 0 2,000 4,0001,000 Feet South Burlington, Vermont Date Exported: 1/21/2020 1:44 PMCreated By: Joanna Grossman, South Burlington GIS Director Z:\CityHall\PlanningZoning\PandZ_working.aprx Legend Applicable Area Tax Parcels Roads LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 1 LDR-19-13A: Modify Standards and Expand Applicable Area for Inclusionary Zoning LDR-19-13B: Modify Standards and Reduce Applicable Area for Affordable Housing Density Bonus ARTICLE 2: DEFINITIONS 2.02 Specific Definitions … Affordable housing. A dwelling unit: (A) Owned: (1) The sales price for which does not exceed the maximum price for a household with a gross annual income that does not exceed 80% of the median income for the Burlington-South Burlington Metropolitan Statistical Area as defined by the United States Department of Housing and Urban Development (Burlington-South Burlington MSA); and (2) For which the total annual cost of ownership, including principal, interest, taxes, condominium association fees and insurance, does not exceed 30% of the gross annual income of a household at 80% of the median income for the Burlington-South Burlington MSA at the time of purchase; and (3) Which is owned by its inhabitants, whose gross annual household income at time of purchase does not exceed 100% of the median income for the Burlington-South Burlington MSA; and (4) The sales price for which shall remain perpetually affordable to households with a gross annual household income that does not exceed 80% of the median income for the Burlington-South Burlington MSA; or (B) Rented: (1) The rent for which does not exceed the maximum price calculated for a household with a gross annual income that does not exceed 80% of the median income for the Burlington-South Burlington MSA; and (2) For which the total annual cost of renting, including rent, utilities, and condominium association fees, does not exceed thirty percent (30%) of the gross annual income of a household at 80% of the median income for the Burlington-South Burlington MSA at the time of initial occupancy; and (3) Which is rented by its inhabitants whose gross annual household income at time of initial occupancy does not exceed 80% of the median income for the Burlington-South Burlington MSA; and (4) The rent for which shall remain perpetually affordable to households with a gross annual household income that does not exceed 80% of the median income for the Burlington-South Burlington MSA. This definition, however, does not apply to housing projects covered under inclusionary zoning, pursuant to 24 VSA Section 4414(7). See Section 18.01 (Inclusionary Zoning). LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 2 Affordable housing development. A housing development of which at least fifty percent (50%) of the dwelling units are Affordable Housing, pursuant to Section 18.02 of this ordinance. Habitable Area. The finished areas or spaces of a dwelling unit that are heated (and, where air conditioning is available, cooled) with the rest of the dwelling unit. Household. A group of between one (1) and four (4) unrelated individuals, or one (1) or more individuals related by blood, marriage, adoption and/or fosterage, occupying a dwelling unit and living as a single housekeeping unit. For the purposes of Inclusionary Zoning, the Household Size is the total number of individuals (adults and children) in the household that will occupy an Inclusionary Unit, regardless of each individual household member’s relationship, if any, to other members of the household. Household Income. The household income for an applicant seeking to rent or purchase an Inclusionary Unit is the total combined annual cash income, whether earned (for example, salary, wages, tips, or commissions) or unearned (for example, benefits, unemployment compensation, interest, dividends) of each household member. Inclusionary ownership unit. A dwelling unit: (1) The sales price for which does not exceed the maximum price for a household with a gross annual income that does not exceed 80% of the median income for the Burlington-South Burlington Metropolitan Statistical Area (MSA), as calculated using a United States Department of Housing and Urban Development (HUD) formula that defines a unit-specific household size based on dwelling unit size (i.e. number of bedrooms); and (2) Which is owned by its inhabitants, whose gross annual household income at time of purchase does not exceed 100% of the median income for the Burlington-South Burlington MSA, adjusted for the household size; and (3) The sales price for which shall remain perpetually affordable to households with a gross annual household income that does not exceed 80% of the median income for the Burlington-South Burlington MSA; Note the unit-specific household size based on the number of bedrooms and the actual household size of the purchasing household do not have to be the same. Inclusionary rental unit. A dwelling unit: (1) The rent for which does not exceed the maximum price calculated for a household with a gross annual income that does not exceed 80% of the median income for the Burlington-South Burlington MSA, to which the unit is targeted, as calculated using a HUD formula that defines a unit-specific household size based on dwelling unit size (i.e. number of bedrooms) to which the inclusionary unit is targeted; and (2) Which is rented by inhabitants whose gross annual household income at time of initial occupancy does not exceed 80% of the median income for the Burlington-South Burlington MSA, adjusted for the household size; and (3) The rent for which shall remain perpetually affordable to households with a gross annual household income that does not exceed 80% of the median income for the Burlington-South Burlington MSA; Note the unit-specific household size based on the number of bedrooms and the actual household size of the renting household do not have to be the same. LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 3 Inclusionary Unit. A dwelling unit that is either an Inclusionary Ownership Unit or an Inclusionary Rental Unit. Mixed-rate housing development. A housing development that has both market rate and Affordable Housing dwelling units, pursuant to Section 18.02 of these regulations. Article 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT REVIEW … 15.02 Authority and Required Review A.Authority (6) The modification of the maximum residential density for a zoning district shall be permitted only as provided in the applicable district regulations and/or for the provision of affordable housing pursuant to Section 18.01 and 18.02 of these Regulations. Article 17 ADMINISTRATION and ENFORCEMENT … 17.03 Certificates of Occupancy A.Certificate of Occupancy Required. It shall be unlawful to use, occupy or permit the use or occupancy of any land or structure or part thereof created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy has been issued therefor by the Administrative Officer conditioned upon the requirements below. B.Certificate of Occupancy Not Required. Certificates of occupancy shall not be required for single- family or two-family dwellings, except as specifically listed below: (1)Certificates of Occupancy are required for single and two family dwellings within the Floodplain Overlay (Zones A, AE, and A1-30) Subdistrict. (2)Certificates of Occupancy are required for single and two-family dwellings that are Inclusionary Units within the applicable locations defined in Section 18.01(B)(1) (Applicability - Zoning Districts and Locations . (3)Certificates of Occupancy are required for dwelling units constructed in accordance with Section 18.03(C)(1) of these Regulations. (4)Certificates of Occupancy are required for replacement dwelling units built in accordance with Section 18.03 of these Regulations. LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 4 ARTICLE 18 AFFORDABLE HOUSING STANDARDS 18.01 Inclusionary Zoning A.Purpose. Inclusionary zoning to provide affordable and moderate income housing in the applicable locations defined in Subsection (B)(1) (Applicability - Zoning Districts and Locations) of this Article of the City of South Burlington has been adopted pursuant to 24 VSA § 4414(7) for the following purposes: (1)To be a City that is affordable for people of all incomes, lifestyles, and stages of life through the preservation and development of a variety of housing in diverse, accessible neighborhoods, consistent with the South Burlington Comprehensive Plan, as most recently amended; (2)To implement policies that support achievement of housing goals, objectives, and targets included in the South Burlington Comprehensive Plan as most recently amended; (3)To affirmatively address the current and anticipated need for affordable housing units among low- and moderate-income South Burlington households that pay more than 30% of their income on housing, as described in state law (24 VSA § 4303(1)); (4)To mitigate the impacts of market-rate housing development that is unaffordable to low- and moderate-income households on the cost and supply of land and infrastructure available for affordable housing development in the applicable locations; (5)To promote the integrated development of mixed-income housing in the applicable locations, including a range of housing options needed to strengthen, diversify, and contribute to the vitality of the South Burlington community; (6)To promote the development of affordable housing opportunities that are available in locations accessible to goods and services and served by existing or planned public transit services; (7)To ensure that affordable housing units developed under inclusionary zoning remain perpetually affordable. (8)To provide integrated development incentives that contribute to the economic feasibility of providing affordable housing units. B.Applicability (1)Zoning Districts and Locations. Inclusionary Zoning shall apply in the following areas (see also Figure 18-1): (a)All zoning districts that permit residential development and underlie the Transit Overlay District; (b)The parts of the Center City Form-Based Code district that do not underlie the Transit Overlay District; (c)The land in the vicinity of Hinesburg Road that does not underlie the Transit Overlay District and is bounded by Interstate 89 in the southerly direction and the Transit Overlay District in the northerly direction; and (d)The entire area of a parcel or PUD, whichever is greater, that includes land located in any one of the areas listed in Subsections (B)(1)(a)-(c) of this Article. LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 5 FIGURE 18-1 INCLUSIONARY ZONING APPLICABLE AREA (2) Covered Development. (a) Except as otherwise provided in this bylaw, the provisions of this section shall apply in the locations defined in Subsection (B)(1) (Applicability - Zoning Districts and Locations) of this Article to any development, notwithstanding any phasing of the development, that will result in the creation of twelve (12) or more total dwelling units through subdivision, Planned Unit Development, new construction, or the conversion of an existing structure or structures from non-residential to residential use. (b) In addition, the provisions of this section shall apply to any development within the locations defined in Subsection (B)(1) that will result in the creation of twelve (12) or more units of permanent housing as a congregate care facility, with the exceptions in (3)(b) below. These housing units shall be treated as rental dwelling units for purposes of determining the minimum percentage that must be LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 6 Inclusionary Rental Units. No Residential Unit Offset or Density Bonus may apply for any type of housing unit for which these regulations do not establish a numerical density limitation. When a development includes both dwelling units and housing units permitted as congregate care housing, the number of required inclusionary units shall be determined by the sum of the dwelling units and the housing units contained in the congregate care facility, and distributed proportionally between the two uses. Example: in a development with 40 congregate care housing units and 20 rental residential dwelling units, six (6) of the congregate care housing units are required to be Inclusionary units and three (3) of the residential dwelling units are required to be Inclusionary units. (c) For purposes of this requirement, two or more developments shall be aggregated and considered as one development subject to this section if: ( i) The developments are located on abutting properties; and ( ii) The developments are owned or controlled by the same person; and (iii) Each of the developments was or is subject to Inclusionary Zoning requirements under Land Development Regulations adopted by the City; and (iv) One or more of the developments consists of fewer than twelve (12) dwelling units; and, (iii) Either: (I) The developments will undergo subdivision, construction, or conversion of an existing structure or structures from non-residential to residential use within the same five-year period, which period shall be measured from the date a proper and complete application is first submitted, or (II) A master plan exists, as approved by the City, which includes two or more of the developments. (d) Previously Approved Master Plans (i) The provisions of this section shall apply in the locations defined in Subsection (B)(1) of this Article to any portion of a Master Plan approved after January 1, 2020, that will result in the creation of twelve (12) or more total dwelling units for which the City has not received a complete application for preliminary plat approval and/or site plan approval. The addition of offset residential units allowed under Section F of this Article alone shall not be considered a deviation of the master plan pursuant to Section 15.07(D) of these regulations that requires amendment of the master plan. (ii) The provisions of this section shall apply in the locations defined in Subsection (B)(1) of this Article to any portion of an approved master plan proposed for an amendment that includes an increase in the number of dwelling units and/or adding land to the master plan. (3) Exemptions. The following developments are exempt from these requirements: (a) Projects that are developed by an educational institution for the exclusive residential use and occupancy of its students. (b) Institutional, group homes or group quarters housing, including long-term care facilities. (c) The redevelopment of existing dwelling units in a project that produces no additional units. LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 7 C.Inclusionary Units (1)For covered development, at least fifteen percent (15%) of the total dwelling units offered for rent shall be Inclusionary Rental Units and at least ten percent (10%) of the total dwelling units offered for sale, including units offered for sale in fee simple, shared, condominium or cooperative ownership, shall be Inclusionary Ownership Units. Prior to or upon request for the Certificate of Occupancy the applicant shall notify the City whether the units will be Inclusionary Rental Units or Inclusionary Ownership Units so that the City, or its designee, may confirm that the offered rents or sales prices meet these requirements prior to issuance of the Certificate of Occupancy. In addition: (a)Where the application of this formula results in a fractional dwelling unit, that fractional dwelling unit shall be rounded to the nearest whole number (fractions that are greater than n.00 but less than n.50 are rounded down; fractions that are greater than or equal to n.50 but less than n+1.00 are rounded up). (b)When a covered development results in 12 or more lots that are sold prior to development, 10% of the lots must include deed restrictions that satisfy these inclusionary zoning requirements. (2)Inclusionary units required under this section shall be: (a)Constructed on site, unless off-site construction is approved under Subsection (E)(1)(b) (Off- Site Construction) of this Article. (b)Integrated into the overall project layout and similar in architectural style and outward appearance to market rate units in the proposed development. (i)Inclusionary units shall be physically integrated into and complement the overall layout, scale, and massing of the proposed development; this criterion may be achieved in a single building or multiple buildings. (ii)Inclusionary units shall be constructed with the same exterior materials and architectural design detail quality as those of the market rate units in the development . The exterior amenities and landscaping provided for the inclusionary units shall be similar to those provided for the market rate units in the development. However, the exterior dimensions of the inclusionary units may differ from those of the market rate units. (iii)Inclusionary units shall be no less energy efficient than market rate units; (iv)Inclusionary units may differ from market rate units with regard to both interior amenities and amount of Habitable Area. However, the minimum Habitable Area of inclusionary units shall be 450 square feet for studios, 650 square feet for 1-bedroom units, 900 square feet for 2- bedroom units and 1,200 square feet for three (3) or more bedrooms. If the average (mean) area of the Habitable Area of the market rate units is less than the minimum area required for the Habitable Area of inclusionary units, then the Habitable Area of the inclusionary units shall be no less than 90% of the average (mean) Habitable Area of the market rate units. (v)Inclusionary units developed as part of a housing development of predominantly market rate duplexes and/or multi-family dwellings may be of varied types. Inclusionary units developed as part of a predominantly-single-family housing development may be accommodated in buildings containing up to four (4) dwelling units that have the appearance of single family homes through their scale, massing, and architectural style. (vi)There shall be no indications from common areas that these units are inclusionary units. LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 8 (vii) The average (mean) number of bedrooms in the inclusionary units shall be no fewer than the average number of bedrooms in the market rate units. For projects involving 50 or more dwelling units, the applicant shall provide a revised estimate to the Administrative Officer at each interval of 50 dwelling units; the revised estimate shall account for the differences in estimates vs. actuals for the units permitted to date and shall apply to inclusionary units for which the Administrative Officer has not issued a zoning permit. (viii) Unfinished space within an Inclusionary Ownership Unit that is not initially constructed as bedroom, but which can be converted to such, may count as a bedroom. No more than one (1) bedroom per inclusionary ownership unit may be counted in this manner. (c) Constructed and made available for occupancy concurrently with market rate units. The applicant shall provide a proposed phasing plan demonstrating concurrent development and occupancy of the market rate units and the inclusionary units. The Development Review Board may attach conditions necessary to assure compliance with this section and may, based on documentation from a financial institution denying financing or on physical site constraints, approve a plan allowing non-concurrent construction of the inclusionary units. D. Affordability Requirements. The basis for determining maximum rental and purchase prices for inclusionary units and applicant rental or purchaser household eligibility for accessing inclusionary units under this section are described below. The data used to determine the incomes, rents and purchase prices is updated annually by U.S. Department of Housing and Urban Development (HUD). The Vermont specific data is updated annually on the Vermont Housing Data website, managed by the Vermont Housing Finance Agency, in a table titled “Maximum rent and purchase price affordability thresholds by income and household size”. Refer to this table in administration of this section. (1) Maximum rent and purchase prices. (a) For Inclusionary Rental Units, the maximum monthly rent that may be charged is one-twelfth of 30% of the targeted Area Median Income (80%) corresponding to the size of the specific unit (measured in number of bedrooms). When any component of the rental housing costs is excluded, the maximum rent that may be charged is reduced accordingly. (b) For Inclusionary Ownership Units, the maximum monthly housing cost that the owner(s) may be required to pay is one-twelfth of 30% of the targeted Area Median Income (80%) corresponding to the size of the specific unit (measured in number of bedrooms). (c) Maximum rent and purchase price calculation. Maximum Rents and Purchase Prices for Inclusionary Units are calculated based on three components: housing costs, area median income targets, and the number of bedrooms in the inclusionary unit. (i) Housing costs shall include: (I) For Inclusionary Rental Units – rent and utilities (water, electricity and heating costs). (II) For Inclusionary Ownership Units – mortgage principal and interest, annual property taxes, average annual homeowner’s insurance premiums, and average annual mortgage insurance premiums, and 50% of annual condominium or homeowners’ association fees. (ii) Area Median Incomes (AMI) Targets. HUD estimates the Area Median Income for households residing in the Burlington-South Burlington Metropolitan Statistical Area (MSA) and, in addition, for households of varying sizes residing in the MSA. HUD also calculates AMI ratios, including 80% AMI, for households of varying sizes in the MSA. HUD publishes this AMI-based annual household income information annually. Maximum rents and sales prices shall be LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 9 determined using the most recent HUD-published income guidelines available at the time the unit is available for occupancy. (iii) Number of bedrooms. Rental and purchase prices of inclusionary units are not linked to the size of the household that rents or purchases the inclusionary unit. Number of bedrooms is used to define a household size linked to the specific unit. The use of “number of bedrooms” for this purpose is explained under the Vermont Housing Data website’s annual maximum rent and purchase price tables entitled “Maximum rent and purchase price affordability thresholds by income and household size”. (2) Renter and Home-buyer Income Eligibility. Income eligibility for an applicant household is determined based on three components: Household Size, Household Income and Annual Median Income (AMI) targets for Inclusionary Units. The AMI amounts for applicants seeking to rent or purchase an Inclusionary Unit shall be determined using the most recent HUD-published income guidelines available at the time the unit is available for occupancy. (a) For renters, households, regardless of household size, are eligible for inclusionary rental units so long as their combined household income does not exceed 80% AMI. (b) For home-buyers, households, regardless of household size, are eligible for inclusionary ownership units so long as their combined household income does not exceed 100% AMI. (3) Flexibility between maximum rent and purchase prices and eligible renter or purchaser households. (a) Eligible renter or purchaser households may rent or purchase an Inclusionary Unit with a rent or purchase price linked to a household size (derived from number of bedrooms) that is not the same as the eligible Household’s size. Examples: ● a two-person household may purchase a three-bedroom house or condominium. ● a three-person household may rent a one-bedroom apartment. (b) Eligible renter or purchaser households may rent or purchase an Inclusionary Unit with an AMI target that is higher than the eligible Household’s AMI percentage. Examples: ● a three-person household whose income is 70% of AMI (for its household size) may rent an apartment for which the rent is targeted to 80% of AMI. ● a two-person household whose income is 90% of AMI (for its household size) may purchase a condominium or house for which the purchase price is targeted to 80% of AMI. (c) Eligible renter or purchaser households may rent or purchase an Inclusionary Unit for which the housing costs exceed 30% of the eligible Household’s income. (4) Alternative Eligibility Criteria. When an affordable housing organization is a partner in a covered development, eligibility may be determined in accordance with program-based eligibility requirements established by the partner housing organization. LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 10 (5)Continued Affordability. An inclusionary unit shall remain affordable in perpetuity commencing from the date of initial occupancy, through a deed restriction, restrictive covenant, or through purchase by or a contractual agreement with a local, state or federal housing authority or nonprofit housing agency, to be reviewed by the City Attorney and approved by the City Manager, or their designees, prior to recording in the City of South Burlington Land Records. Any deed restriction, covenant or other instrument or agreement ensuring the continued affordability of inclusionary units shall include: (a)Resale Restrictions. Provisions to ensure the affordability of units offered for sale shall include a formula for limiting the resale price to whatever is the higher of the purchase price the seller paid plus 2% for each year of ownership (non-compounding), or what is affordable to a household at 80% AMI at the time of resale. Eligible households are those having incomes no greater than 100% AMI at the time of purchase. In addition, the City shall have the option to purchase or transfer its option to purchase Inclusionary Ownership Units at each future time of resale. In addition, any covenant shall have language to ensure the continuing affordability of Inclusionary Rental Units if the unit or property offered for sale instead will be offered for rental. (i) The seller or his/her representative shall notify the City Manager or his/her designee of the prospective sale of an Inclusionary Ownership Unit; (ii) The City Manager or his/her designee, in consultation with the members of the Housing Trust Fund Committee, shall then have an exclusive option for thirty (30) days to purchase the Inclusionary Ownership Unit from the seller at a price consistent with the requirements of this subsection unless the City Manager or his/her designee waives the option by declaring in writing an intent not to exercise the option or transfers the option as described in Subsection (D)(5)(a)(iv) of this Article; (iii)If the City Manager or his/her designee, in consultation with the members of the Housing Trust Fund Committee, fails to exercise such option by failing to negotiate and sign a purchase and sale agreement for purchase of the Inclusionary Ownership Unit, or declaring an intent not to exercise such option, the seller shall offer the Inclusionary Ownership Unit for purchase to income-eligible households in accordance with the requirements of subsection 18.01(D)(5)(a) (Affordability Requirements). (iv) On or before a purchase and sale agreement is executed between the seller and the City Manager or his/her designee, s/he may assign the City’s option specified in this subsection to purchase the Inclusionary Ownership Unit to a 501(c)(3) organization whose primary purpose is the supply of affordable housing in perpetuity. Upon the decision to exercise this transfer option, the City Manager or his/her designee shall notify the seller of such assignment. The organization to which the City has assigned the option shall deal directly with the seller and shall have all of the authority of the City Manager, as provided under this subsection. (b)Rent Changes. Provisions to ensure the affordability of Inclusionary Rental Units shall require that annual rent changes not exceed the percentage change in the median household income within the Burlington-South Burlington MSA, when the change is an increase; and that annual rent changes match the percentage change in the median household income within the Burlington-South Burlington MSA, when the change is a decrease. An exception to the limit on increases or required decreases is permitted to the extent that further increases or delayed decreases are made necessary by documented hardship or other unusual conditions. Such exceptions may not take effect until approved in writing by the City Manager or his/her designee; LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 11 (c) Sublet Restrictions. Provisions for inclusionary Rental Units shall prohibit the subletting of units at rental rates and/or to households that exceed affordability limits established pursuant to this section. (6) Reporting Requirements. Annually, the owner of a project that includes inclusionary rental units shall prepare and submit a report to the City Manager that lists the gross rents charged for inclusionary units and household incomes at move-in, based on documentation provided by tenant for owner’s completion of form provided by the City, to certify that Inclusionary Rental Unit rent maximums and household income maximums have been maintained as required. E. Developer Options (1) Options (a) and (b) below are available to developers, upon request, as necessary to address financial hardships based on documentation from a financial institution denying financing or physical site constraints that limit or preclude the incorporation of inclusionary units within a covered development. Options (c) and (d) are available to the developer at his or her discretion. A payment or contribution in lieu of constructing required inclusionary units shall be prohibited. (a) Dedication. The South Burlington City Council, in consultation with the South Burlington Affordable Housing Committee, may accept as an alternative to the development of inclusionary units, a dedication by the developer of equal or greater value, including land and expected inclusionary unit value, that furthers the purposes of this section. An example might be the donation of developable land in the City Center Form Based Codes District that provides accessibility to transit, employment opportunities, and services. (b) Off-Site Construction. The developer of a covered development may comply with the requirements of this section by constructing, within two years of the date of the decision approving the covered development, the required number of inclusionary units on another parcel within the same contiguous underlying zoning district in which the covered development is located , or contracting with another entity to construct the required number of units within the same contiguous underlying zoning district in which the covered development is located. This condition shall not be considered satisfied until certificates of occupancy have been issued for all off-site inclusionary units . Off-site means outside the boundaries of the lot or PUD on which the covered development is located. (c) A developer who constructs inclusionary units having three bedrooms shall receive credit for three inclusionary units for every two three-bedroom inclusionary units constructed. These credit inclusionary units earned under these provisions are ineligible for offset or bonus units. (d) A developer who constructs inclusionary units having four bedrooms shall receive credit for four inclusionary units for every two four-bedroom inclusionary units constructed. These credit inclusionary units earned under these provisions are ineligible for offset or bonus units. F. Offset for Fulfillment of Inclusionary Unit Requirements (1) Residential Unit Offset. To offset an applicant’s fulfillment of this Section’s inclusionary unit requirement is an allotment of one additional dwelling unit for each required Inclusionary Rental Unit that is constructed; or an allotment of two additional dwelling units for each required Inclusionary Ownership Unit that is constructed. This offset shall not be provided for any required unit for which the developer receives approval for the Dedication as described in 18.01(E)(1)(a) herein. (a) Offset residential units are not subject to the inclusionary affordability requirements. LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 12 (b)The offset described above shall be approved as long as the total housing units in the specific covered development do not result in non-compliance with Section 15.02(A)(4). Example (1): In a 24-unit owner housing development on a six-acre plot in a R4 district, the developer is required to build two (2) inclusionary units The developer shall receive an offset of four (4) market rate dwelling units, and the project now includes a total of 28 dwelling units. Example (2): In a 36-unit rental housing development on a three-acre plot in a R12 district, the developer is required to build five (5) inclusionary units. The developer shall receive an offset of five (5) market rate dwelling units, and the project now includes a total of 41 dwelling units. (c)Where a zoning district establishes a maximum building coverage of less than twenty percent (20%) and/or a maximum overall lot coverage of less than thirty percent (30%), the applicable maximum coverage in that district shall be increased to accommodate the offset units. For Inclusionary Ownership Units, this increase shall be twenty percent (20%) and for Inclusionary Rental Units, this increase shall be fifteen percent (15%). Example (1): In a zoning district with a maximum building coverage of fifteen percent (15%), the maximum building coverage shall be increased to eighteen percent (18%) to accommodate offset Inclusionary Ownership Units. Example (2): In a zoning district with a maximum building coverage of fifteen percent (15%), the maximum building coverage shall be increased to seventeen and 25/100 percent (17.25%) to accommodate Inclusionary Rental Units. G. Density Bonuses for Exceeding Inclusionary Housing Requirements (1)Applicability. This subsection applies in zoning districts or portions thereof as defined in Subsection (B)(1) (Applicability - Zoning Districts and Locations) of this Article, in which residential development is allowed. However, density is not a dimensional requirement in the City Center Form Based Code districts, therefore this section is not relevant in those districts. (2)Density Bonuses. When an applicant voluntarily includes, in the base zoning density unit- maximum for the development, more than the number of inclusionary units required under Section 18.01(C)(1), then upon the applicant’s request, the development shall receive, in addition to the offset units, a density bonus. The density bonus shall be one dwelling unit for each voluntary Inclusionary Rental Unit and two dwelling units for each voluntary Inclusionary Ownership Unit, up to a maximum density of 50% more than the base maximum density permitted in the zoning district. In zoning districts where additional density is permitted via Planned Unit Development, the base density shall be defined as the maximum density for the district without use of PUDs. Density bonus dwelling units are not subject to the inclusionary affordability requirements. Example (1): In a 24-unit owner housing development on a six-acre plot in a R4 district, the developer is required to build two (2) inclusionary units. The developer shall receive an offset of four (4) market rate dwelling units, and the project now includes a total of 28 dwelling units. In order to receive approval for the maximum 50% density increase (which equates to a maximum of 8 additional units in this example since the offset units need to be accounted for), the developer includes an additional four (4) inclusionary units in the base zoning density unit-maximum (24) for which the developer receives 12 bonus density units. In sum, the total project includes 36 units, 6 of which are inclusionary (17% of the units) and 30 of which are market rate (83% of the units). LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 13 Example (2): In a 36-unit rental housing development on a three-acre plot in a R12 district, the developer is required to build five (5) inclusionary units. The developer shall receive an offset of five (5)market rate dwelling units, and the project now includes a total of 41 dwelling units. In order to receive approval for the maximum 50% density increase (which equates to a maximum of 13 additional units in this example since the offset units need to be accounted for), the developer includes an additional thirteen (13) inclusionary units in the base zoning density unit-maximum (36) for which the developer receives 13 bonus density units. In sum, the total project includes 54 units, 18 of which are inclusionary (33% of the units) and 36 of which are market rate (67% of the units). Example (3): In a 40-unit owner housing development on a ten-acre plot in a R4 district, the developer is required to build four (4) inclusionary units. The developer shall receive an offset of eight (8) market rate dwelling units, and the project now includes a total of 48 dwelling units. In order to receive approval for the maximum 50% density increase (which equates to a maximum of 12 additional units in this example since the offset units need to be accounted for), the developer includes an additional six (6) inclusionary units in the base zoning density unit-maximum (40) for which the developer receives 12 bonus density units. In sum, the total project includes 60 units, 10 of which are inclusionary (17% of the units) and 50 of which are market rate (83% of the units). Example (4): In a 40-unit rental housing development on a 10-acre plot in a R4 district, the developer is required to build six (6) inclusionary units. The developer shall receive an offset of six (6) market rate dwelling units, and the project now includes a total of 46 dwelling units. In order to receive approval for the maximum 50% density increase (which equates to a maximum of 14 additional units in this example since the offset units need to be accounted for), the developer includes an additional fourteen (14) inclusionary units in the base zoning density unit-maximum (40) for which the developer receives 14 bonus density units. In sum, the total project includes 60 units, 20 of which are inclusionary (33% of the units) and 40 of which are market rate (67% of the units). H. Affordable Housing Density Bonuses for Developments with Fewer than 12 Dwelling Units (1)Applicability. This subsection applies in zoning districts or portions thereof as defined in Subsection (B)(1) (Applicability - Zoning Districts and Locations) of this Article, in which residential development is allowed. However, since density is not a dimensional requirement in the City Center Form Based Code District, this section is not relevant in that District. (2)Density Bonus. For applications that include at least three (3) but fewer than twelve (12) dwelling units (calculated using the base zoning density unit-maximum for the development), where the developer has opted to construct one or more inclusionary units any approval shall, upon request of the applicant, include a density bonus over the base zoning density. The density bonus shall be one dwelling unit for each inclusionary rental unit and two dwelling units for each inclusionary ownership unit included voluntarily, up to a maximum density of 50% more than the base density. The density bonus units are not subject to the inclusionary affordability requirements. I.Administration and Compliance (1)Application Requirements. In addition to other submission requirements applicable to proposed projects specified within this bylaw, applications under this section shall include the following information: (a)A site or subdivision plan that identifies the number, locations, types, and sizes of inclusionary units in relation to market rate units; LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 14 (b)Documentation supporting the allocation of inclusionary and market rate units, including inclusionary unit set aside calculations; (c)A description of each unit’s type, floor area, number of bedrooms, estimated housing costs, and other data necessary to determine unit affordability; (d)A list of proposed options, if any, to be incorporated in the plan, as provided for under Subsection (E) (Developer Options) of this Article; (e)Documentation regarding household income eligibility; (f)Information regarding the long-term management of inclusionary units, including the responsible party or parties, as required to ensure continued affordability; (g)Draft legal documents required under this section to ensure continued affordability; (h)Construction timeline for both inclusionary and market rate units; and (i)Other information as requested by the Administrative Officer to determine project compliance with inclusionary zoning requirements. (2)Ongoing Compliance. The City of South Burlington Housing Authority, if any; or City Manager or his/her designee or another municipal entity; or a bona fide qualified non-profit organization, as determined by the South Burlington City Council, shall be responsible for the on-going administration of the inclusionary units as well as for the promulgation of such rules, regulations, and/or procedures as may be necessary to implement this program. The Housing Authority, or City Manager or his/her designee, or other municipal entity, or non-profit organization shall define and implement eligibility priorities, continuing eligibility standards and enforcement, and rental and sales procedures. (3)Program Evaluation. In order to monitor and track the success of inclusionary zoning in meeting the purposes of this section and the City’s affordable housing goals and targets, the City Manager or his/her designee shall: (a)Collect and maintain income eligibility guidelines, mortgage interest rate information, and other information necessary to meet the requirements of this section; (b)Monitor and maintain records regarding the status of inclusionary units developed under this Section 18.01; and (c)Prepare an annual written report for distribution to the South Burlington City Council and Planning Commission and posting on the City’s website, to be considered in a public meeting, that summarizes the status of covered projects and inclusionary units approved to date, and sets forth program findings, conclusions, and recommendations for any changes that will increase the effectiveness of inclusionary zoning. 18.02 Affordable Housing Density Bonus A.Purpose. One of the adopted Comprehensive Plan goals is the availability of quality housing and quality affordable housing to attract and retain a qualified work force. The following provisions are established to enable the City of South Burlington to ensure a supply of standard housing available at below-market rate purchase prices or rents. In this way, a choice of housing opportunities for a variety of income groups within the City can be created in accordance with the Comprehensive Plan and these Regulations. LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 15 B. Applicability. This section shall apply in any Zoning District in which residential development is permitted, with the exception of the applicable locations defined in Section 18.01 (B)(1) (Applicability - Zoning Districts and Locations) of this Article. C. Density Increase. On a case by case basis and as part of the Planned Unit Development application, the Development Review Board may grant an increase in residential density over the base zoning density, in order to create below market rate housing. The density increases shall be approved on the following criteria and standards: (1) Affordable Housing Development. The Development Review Board may grant a density increase of no more than fifty percent (50%) in the total number of allowed dwelling units for an Affordable Housing Development. The total of Affordable Housing units shall be at least half of the total proposed dwelling units. Where the total proposed dwelling units is an uneven number, the total of below market rate units shall be calculated as at least the total proposed dwelling units, less one (1), divided by two. Such application shall be subject to Article 14, Site Plan and Conditional Use Review, and Article 15, Subdivision and Planned Unit Development Review. (2) Mixed Rate Housing Development. The Development Review Board may grant a density increase of no more than twenty-five percent (25%) in the total number of allowed dwelling units for a Mixed Rate Housing Development. For each additional market-rate dwelling unit produced as a result of the density increase, one (1) qualifying comparable Affordable Housing unit must be provided. Such application shall be subject to Article 14, Site Plan and Conditional Use Review, and Article 15, Subdivision and Planned Unit Development Review. Table 13-9 Example of Affordable Housing Bonus Calculation Affordable Project: Mixed-Rate Project: 50% of Total Units Affordable 25% of Bonus Units Affordable Acres 8.35 8.35 Base Density 12 12 Base Units 100.2* 100.2* Bonus Units 50 25 Total Units 150 125 Net Density 17.98 14.99 Affordable Units 74 13 Market Rate Units 74 112 *Partial units always round DOWN to the lower whole number of units D. Criteria for Awarding Density Increase. In addition to the standards found in Article 14, Site Plan and Conditional Use Review, and Article 15, Subdivision and Planned Unit Development Review, the following standards shall guide the Development Review Board: (1) The density upon which a bonus may be based shall be the total acreage of the property in question multiplied by the maximum residential density per acre for the applicable zoning district or districts. LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 16 (2)Within the Residential 1 and Residential 2 zoning districts, the provisions of this Section 13.14 shall apply only to properties of five (5) acres or more, and the maximum allowable residential density with or without such a density increase shall be four (4) dwelling units per acre. (3)Development Standards. (a)Distribution. The affordable housing units shall be physically integrated into the design of the development in a manner satisfactory to the Development Review Board and shall be distributed among the housing types in the proposed housing development in the same proportion as all other units in the development, unless a different proportion is approved by the Development Review Board as being better related to the housing needs, current or projected, of the City of South Burlington. (b)Minimum Floor Area. Minimum Habitable Area per affordable dwelling unit shall be no smaller than 70% of the amount of the Habitable Areas of comparable market-rate units in the housing development. (c)Plan for Continued Affordability. The standards set forth in Section 18.01(D)(5) and (6) shall apply. (4)Administration. The City of South Burlington Housing Authority, if any, the City Manager and/or his/her designees, or a bona fide qualified non-profit organization shall be responsible for the on-going administration of the affordable housing units as well as for the promulgation of such rules and regulations as may be necessary to implement this program. The Housing Authority or non-profit organization will determine and implement eligibility priorities, continuing eligibility standards and enforcement, and rental and sales procedures. E.Housing Types. The dwelling units may at the discretion of the Development Review Board be of varied types including one-family, two-family, or multi-family construction, and studio, one-bedroom, two-bedroom, three-bedroom and four-bedroom apartment construction. 18.03 Housing Preservation A.Purpose. The intent of this Section is to achieve one or more of these goals: (1) To promote the health, safety and general welfare of the community by preserving existing housing stock in residential neighborhoods, particularly the supply of affordable and moderately-priced homes through the use of housing retention requirements as referenced in South Burlington’s 2016 Comprehensive Plan; (2)To reduce and mitigate the demolition and conversion to nonresidential use or nonuse of residential structures, and to maintain housing that meets the needs of all economic groups within the City particularly for those of low and moderate income; (3)To meet the specific mandates of 24 V.S.A. Section 4302(11) related to housing opportunities for safe and affordable housing for all Vermonters and to meet the needs of the diverse social and income groups in each Vermont community; (4)To support the retention of housing units in the City; (5)To promote the health safety and welfare of the community by preserving the residential character of neighborhoods; and, LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 17 (6)To offset the loss of housing by requiring replacement of housing units with new construction, conversion of nonresidential to residential use or a contribution to the City of South Burlington Housing Trust Fund. B. Applicability. Except as otherwise provided in sub-section C (Exemptions), this Section 18.03 of these Regulations is applicable to the loss, demolition or conversion to a nonresidential use or nonuse (for example a vacant lot) of any dwelling unit in the City. This includes without limitation any of the following: (1)any dwelling unit that is demolished, removed, or declared unfit for habitation pursuant to any order, decision or other action of the City or State that is caused by unreasonable neglect or deferred maintenance of an existing or prior owner(s); (2)any dwelling unit that is demolished or removed pursuant to any municipal, State or Federal program, including any air traffic or airport noise mitigation and compatibility program; and/or, (3)the loss, demolition or conversion to nonresidential use or non-use of any other form of permanent housing, including but not limited to housing units contained within a housing facility that is permitted as a congregate care facility, except group homes, residential care facilities, or skilled nursing facilities as defined in these Regulations. C. Exemptions. This Section shall not be applicable to: (1)The redevelopment of a dwelling unit or any other form of permanent housing, including but not limited to housing units contained within a housing facility that is permitted as a congregate care facility, within a two (2) year period. Any applicant for a demolition permit seeking to avail themselves of this exemption shall be required to obtain a Certificate of Occupancy within two (2) years of the date of issuance of the demolition permit thereby demonstrating redevelopment of the dwelling unit and restoration of the residential use on the same parcel. (2) Any dwelling unit ordered demolished or declared unfit for habitation because of damage caused by civil commotion, malicious mischief, vandalism, natural disaster, fire, flood or other causes beyond the owner’s control. (3) Dwelling units existing in the following zoning districts: City Center Form Based Code, Industrial – Open Space, Mixed Industrial & Commercial, Swift Street, Institutional-Agricultural, Parks & Recreation, Municipal, Commercial 1-AIR, Airport, and Airport-Industrial. (4) The conversion of a duplex to a single-family home. (5) As of the initial effective date of this Section, any dwelling units: (a)For which the Burlington International Airport / City of Burlington has obtained Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant funding approval for the acquisition, demolition or removal pursuant to the FAA’s Part 150 Noise Compatibility Program. This includes the dwelling units identified in FAA AIP grant numbers, AIP-94, AIP-105, and AIP-109 whether or not these dwelling units have been purchased or removed as of January 1, 2018. (b)Indicated on the 2009 Burlington International Airport Part 150 Noise Inventory and Re-Use Plan “Proposed Property Acquisition Program” map, Figure 4: Detailed Acquisition Plan, dated April 23, 2009. See Appendix H for a complete listing of properties by address. (6)The removal of accessory dwelling units. LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 18 D. Approval. Notwithstanding any other provision of these Regulations and unless otherwise exempt under sub-section C of this Section, no dwelling unit shall be removed, demolished, or converted to a nonresidential use or nonuse, without receipt of a zoning permit in accordance with this Section. In addition to any other submission requirements in these Regulations, the applicant shall submit as part of a zoning permit application under this Section: (1) A statement certifying the number of dwelling units to be demolished or converted to nonresidential use and the number of bedrooms existing within each of these units; (2) A demonstration of compliance with tenant or occupant notice and relocation provisions of applicable state and federal law; and (3) A demonstration of compliance with sub-section E, F and G (if applicable) of this Section. E. Housing replacement requirement. In addition to any other requirements for approval under these Regulations, approval of the zoning permit referred to in Sub-section D above requires the replacement of each dwelling unit that is to be removed, demolished, or converted to nonresidential use or nonuse with a replacement dwelling unit. Any dwelling unit approved under Section 18.01 or 18.02 shall not qualify as a replacement dwelling unit. This replacement requirement may be satisfied in one of the following ways: (1) Construction of a new dwelling unit in accordance with sub-section F of this Section; (2) The conversion of a non-residential building to residential use in accordance with sub-section F of this Section; or, (3) Contribution to the Housing Trust Fund. Payment to the City of South Burlington’s Housing Trust Fund for each dwelling unit that is removed, demolished, or converted to nonresidential uses or nonuse in an amount equal to twenty-five percent (25%) of the higher of (1) the most recent assed valuation the premises as modified by the CLA (Common Level of Appraisal) or (2) the most recent sales price of the premises. F. Replacement Dwelling Unit Requirement. In addition to the foregoing, all replacement dwelling units built pursuant to this Section must meet the following requirements: (1) Each replacement dwelling unit shall have at least the same number of bedrooms as the dwelling unit being replaced; (2) Each replacement dwelling unit must be located within the City of South Burlington; (3) Each replacement dwelling unit must receive a Certificate of Occupancy within eighteen (18) months of the date on which the zoning permit referenced in Sub-section D above is approved; (4) Each rental replacement dwelling unit(s) must be maintained either as a Group Home or as a leased “Affordable Housing” unit, as that term is defined in Article 2 of these Regulations to prospective occupants who are income eligible at the time they first lease the unit, for a period of not less than twenty (20) years from the date of first occupancy. (5) Each non-rental replacement dwelling unit(s) must be offered for sale either: (a) At or below the fair market value of the dwelling unit that was removed, demolished, or converted to nonresidential use or nonuse, as determined either (i) by an appraisal provided by the applicant, or (ii) by the City’s latest assessed value of the premises including the dwelling unit that was removed, demolished, or converted to nonresidential use or to nonuse; or (b) As an “Affordable Housing” unit, as that term is defined in Article 2 of these Regulations, to prospective purchaser/occupants who are income eligible at the time they purchase the unit. Any such LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 19 unit shall be subject to a covenant restricting the sale of the dwelling unit for a twenty (20) year period to an owner/occupant who qualifies by income. (6)Income eligibility for replacement units described in this subsection shall be determined based on income guidelines, as adjusted for household size, published annually by the U.S. Department of Housing and Urban Development (HUD) for the Burlington-South Burlington Metropolitan Statistical Area (MSA), or on program-based income eligibility requirements established by a partnering housing organization. The income eligibility shall be determined using the most recent income guidelines available at the time a unit is available for occupancy. G. Performance Guaranty/Letter of Credit. When an applicant proposes to construct a new replacement dwelling unit or convert a non-residential building to a replacement residential unit, the applicant must post a performance guaranty in the form of a letter of credit, or other security acceptable to the City Attorney, in the amount equivalent to the amount the applicant would have been required to contribute to the City of South Burlington’s Housing Trust Fund if the applicant had chosen that option pursuant to Sub-section E(3), above. Such a performance guaranty shall be valid for no more than two (2) years, after which the full amount due shall be provided to the City of South Burlington’s Housing Trust Fund if a replacement dwelling unit satisfying the conditions of this Section has not been granted a Certificate of Occupancy as a dwelling unit. H. Administration. The City of South Burlington Housing Authority, if any, or a bona fide qualified non- profit organization approved by the City of South Burlington following demonstration of its qualifications shall be responsible for the on-going administration of this section as well as for the promulgation of such rules and regulations as may be necessary to implement this section. The Housing Authority or non-profit organization will determine and implement eligibility priorities, continuing eligibility standards and enforcement, and rental and sales procedures. I.Violations. In the event of a violation of this Section, an enforcement action in accordance with Article 17 shall commence and the requirements of this Section shall apply in addition to any other remedies available to the City by law. LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT South Burlington Land Development Regulations 1 LDR-19-13A: Modify Standards and Expand Applicable Area for Inclusionary Zoning LDR-19-13B: Modify Standards and Reduce Applicable Area for Affordable Housing Density Bonus ARTICLE 2: DEFINITIONS 2.02 Specific Definitions … Affordable housing. this shall meanHousing that is either of the following:A dwelling unit: (A) Owned: (1) The sales price for which does not exceed the maximum price for a household with a gross annual income that does not exceed 80% of the median income for the Burlington-South Burlington Metropolitan Statistical Area as defined by the United States Department of Housing and Urban Development (Burlington-South Burlington MSA); and (2) For which the total annual cost of ownership, including principal, interest, taxes, condominium association fees and insurance, does not exceed 30% of the gross annual income of a household at 80% of the median income for the Burlington-South Burlington MSA at the time of purchase; and (3) Which is owned by its inhabitants, whose gross annual household income at time of purchase does not exceed 100% of the median income for the Burlington-South Burlington MSA; and (4) The sales price for which shall remain perpetually affordable to households with a gross annual household income that does not exceed 80% of the median income for the Burlington-South Burlington MSA;Housing that is owned by its inhabitants, whose gross annual household income does not exceed eighty percent (80) of the median income for the Burlington-South Burlington Metropolitan Statistical Area (MSA), as defined by the United States Department of Housing and Urban Development, and the total annual cost of the housing, including principal, interest, taxes and insurance, is not more than thirty percent (30%) of the household’s gross annual income; or (B) Housing that is rRented by its inhabitants: (1) The rent for which does not exceed the maximum price calculated for a household with a gross annual income that does not exceed 80% of the median income for the Burlington-South Burlington MSA; and (2) For which the total annual cost of renting, including rent, utilities, and condominium association fees, does not exceed thirty percent (30%) of the gross annual income of a household at 80% of the median income for the Burlington-South Burlington MSA at the time of initial occupancy; and (3) Which is rented by its inhabitants whose gross annual household income at time of initial occupancy does not exceed 80% of the median income for the Burlington-South Burlington MSA; and LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 2 (4)The rent for which shall remain perpetually affordable to households with a gross annual household income that does not exceed 80% of the median income for the Burlington-South Burlington MSA. whose gross annual household income does not exceed eighty percent (80%) of the median income for the Burlington-South Burlington Metropolitan Statistical Area (MSA), as defined by the United States Department of Housing and Urban Development, and the total annual cost of the housing, including rent, utilities, and condominium association fees, is not more than thirty percent (30%) of the household’s gross annual income This definition, however, does not apply to housing projects covered under inclusionary zoning, pursuant to 24 VSA Section 4414(7). See Section 18.01 (Inclusionary Zoning). Affordable housing development. A housing development of which at least fifty percent (50%) of the dwelling units are aAffordable Hhousing units, pursuant to Section 18.02 of this ordinance. Habitable Area. The finished areas or spaces of a dwelling unit that are heated (and, where air conditioning is available, cooled) with the rest of the dwelling unit. Household. A group of between one (1) and four (4) unrelated individuals, or one (1) or more individuals related by blood, marriage, adoption and/or fosterage, occupying a dwelling unit and living as a single housekeeping unit. For the purposes of Inclusionary Zoning, the Household Size is the total number of individuals (adults and children) in the household that will occupy an Inclusionary Unit, regardless of each individual household member’s relationship, if any, to other members of the household. Household Income. The household income for an applicant seeking to rent or purchase an Inclusionary Unit is the total combined annual cash income, whether earned (for example, salary, wages, tips, or commissions) or unearned (for example, benefits, unemployment compensation, interest, dividends) of each household member. Inclusionary ownership unit. A dwelling unit: (1)The sales price for which does not exceed the maximum price for a household with a gross annual income that does not exceed 80% of the median income for the Burlington-South Burlington Metropolitan Statistical Area (MSA), as calculated using a United States Department of Housing and Urban Development (HUD) formula that defines a unit-specific household size based on dwelling unit size (i.e. number of bedrooms); and (2)Which is owned by its inhabitants, whose gross annual household income at time of purchase does not exceed 100% of the median income for the Burlington-South Burlington MSA, adjusted for athe household size; and (3)The sales price for which shall remain perpetually affordable atto households with a gross annual household income that does not exceed 80% of the median income for the Burlington-South Burlington MSA; Note the unit-specific household size based on the number of bedrooms and the actual household size of the purchasing household do not have to be the same. Inclusionary rental unit. A dwelling unit: (1)The rent for which does not exceed the maximum price calculated for a household with a gross annual income that does not exceed 80% of the median income for the Burlington-South Burlington MSA, LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 3 to which the unit is targeted, as calculated using a HUD formula that defines a unit-specific household size based on dwelling unit size (i.e. number of bedrooms) to which the inclusionary unit is targeted; and (2)Which is rented by inhabitants whose gross annual household income at time of initial occupancy does not exceed 80% of the median income for the Burlington-South Burlington MSA, adjusted for the household size; and (3)The rent for which shall remain perpetually affordable to households with a gross annual household income that does not exceed 80% of the median income for the Burlington-South Burlington MSA; Note the unit-specific household size based on the number of bedrooms and the actual household size of the renting household do not have to be the same. Inclusionary Unit. A dwelling unit that is either an Inclusionary Ownership Unit or an Inclusionary Rental Unit. Mixed-rate housing development. A housing development that has both market rate and below market rateAffordable Housing dwelling units, pursuant to Section 18.02 of these regulations. Article 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT REVIEW … 15.02 Authority and Required Review A.Authority (6) The modification of the maximum residential density for a zoning district shall be permitted only as provided in the applicable district regulations and/or for the provision of affordable housing pursuant to Section 18.01 and 18.02 13.14 of these Regulations. Article 17 ADMINISTRATION and ENFORCEMENT … 17.03 Certificates of Occupancy A.Certificate of Occupancy Required. It shall be unlawful to use, occupy or permit the use or occupancy of any land or structure or part thereof created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy has been issued therefor by the Administrative Officer conditioned upon the requirements below. B.Certificate of Occupancy Not Required. Certificates of occupancy shall not be required for single- family or two-family dwellings, except as specifically listed below: (1)Certificates of Occupancy are required for single and two family dwellings within the Floodplain Overlay (Zones A, AE, and A1-30) Subdistrict. (2)Certificates of Occupancy are required for inclusionary single and two-family dwellings that are Inclusionary Units within the applicable locations defined in Section 18.01(B)(1) (Applicability - Zoning Districts and Locations City Center FBC District. LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 4 (3) Certificates of Occupancy are required for dwelling units constructed in accordance with Section 18.03(C)(1) of these Regulations. (4) Certificates of Occupancy are required for replacement dwelling units built in accordance with Section 18.03 of these Regulations. ARTICLE 18 AFFORDABLE HOUSING STANDARDS 18.01 Inclusionary Zoning A. Purpose. Inclusionary zoning to provide affordable and moderate income housing in the applicable locations defined in Subsection (B)(1) (Applicability - Zoning Districts and Locations) of this Article the City Center Form Based Codes District of the City of South Burlington has been adopted pursuant to 24 VSA § 4414(7) for the following purposes: (1) To be a City that is affordable for people of all incomes, lifestyles, and stages of life through the preservation and development of a variety of housing in diverse, accessible neighborhoods, consistent with the South Burlington Comprehensive Plan, as most recently amended; (2) To implement policies that support achievement of housing goals, objectives, and targets included in the South Burlington Comprehensive Plan as most recently amended; (23) To affirmatively address the current and anticipated need for affordable housing units among low- and moderate-income South Burlington households that pay more than 30% of their income on housing, as described in state law (24 VSA § 4303(1)); (34) To mitigate the impacts of market-rate housing development that is unaffordable to low- and moderate-income households on the cost and supply of land and infrastructure available for affordable housing development in the City Center Form Based Codes Districtapplicable locations; (45) To promote the integrated development of mixed-income housing in the applicable locationsCity Center Form Based Codes District, including a range of housing options needed to strengthen, diversify, and contribute to the vitality of City Center and the South Burlington community; (56) To ensure thatpromote the development of affordable housing opportunities that are available in the City Center Form Based Codes District, which is or will belocations accessible to goods and services and served by existing or planned public transit services; (67) To ensure that affordable housing units developed under inclusionary zoning remain perpetually affordable. (78) To provide integrated development incentives that contribute to the economic feasibility of providing affordable housing units, including eliminating maximum residential densities, minimum lot sizes, and minimum parking requirements for residential units within the City Center Form Based Codes District. B. Applicability (1) Zoning Districts and Locations. Inclusionary Zoning shall apply in the following areas (see also Figure 18-1): LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 5 (a)All zoning districts that permit residential development and underlie the Transit Overlay District; (b)The parts of the Center City Form-Based Code district that do not underlie the Transit Overlay District; (c)The land in the vicinity of Hinesburg Road that does not underlie the Transit Overlay District and is bounded by Interstate 89 in the southerly direction and the Transit Overlay District in the northerly direction; and (d)The entire area of a parcel or PUD, whichever is greater, that includes land located in any one of the areas listed in Subsections (B)(1)(a)-(c) of this Article. FIGURE 18-1 INCLUSIONARY ZONING APPLICABLE AREA LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 6 (2)Covered Development. (a)Except as otherwise provided in this bylaw, the provisions of this section shall apply in the locations defined in Subsection (B)(1) (Applicability - Zoning Districts and Locations) of this Article within the City Center Form Based Codes District to any development, notwithstanding any phasing of the development, that will result in the creation of twelve (12) or more total dwelling units through subdivision, Planned Unit Development, new construction, or the conversion of an existing structure or structures from non-residential to residential use. (b)In addition, the provisions of this section shall apply to any development within the locations defined in Subsection (B)(1) that will result in the creation of twelve (12) or more units of permanent housing as a congregate care facility, with the exceptions in (3)(b) below. These housing units shall be treated as rental dwelling units for purposes of determining the minimum percentage that must be Inclusionary Rental Units. No Residential Unit Offset or Density Bonus may apply for any type of housing unit for which these regulations do not establish a numerical density limitation. When a development includes both dwelling units and housing units permitted as congregate care housing, the number of required inclusionary units shall be determined by the sum of the dwelling units and the housing units contained in the congregate care facility, and distributed proportionally between the two uses. Example: in a development with 40 congregate care housing units and 20 rental residential dwelling units, six (6) of the congregate care housing units are required to be Inclusionary units and three (3) of the residential dwelling units are required to be Inclusionary units. (c)For purposes of this requirement, two or more developments shall be aggregated and considered as one development subject to this section if: (a i) The developments are located on abutting properties; and (b ii) The developments are owned or controlled by the same person; and (iii)Each of the developments was or is subject to Inclusionary Zoning requirements under Land Development Regulations adopted by the City; and (iv)One or more of the developments consists of fewer than twelve (12) dwelling units; and, (ciii)Either: (iI) The developments will undergo subdivision, construction, or conversion of an existing structure or structures from non-residential to residential use within the same five-year period, which period shall be measured from the date a proper and complete application is first submitted, or (IIii) A master plan exists, as approved by the City, which includes two or more of the developments. (d)Previously Approved Master Plans (i)The provisions of this section shall apply in the locations defined in Subsection (B)(1) of this Article to any portion of a Master Plan approved after January 1, 2020, that will result in the creation of twelve (12) or more total dwelling units for which the City has not received a complete application for preliminary plat approval and/or site plan approval. The addition of offset residential units allowed under Section F of this Article alone shall not be considered a deviation of the master plan pursuant to Section 15.07(D) of these regulations that requires amendment of the master plan. LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 7 (ii) The provisions of this section shall apply in the locations defined in Subsection (B)(1) of this Article to any portion of an approved master plan proposed for an amendment that includes an increase in the number of dwelling units and/or adding land to the master plan. (23) Exemptions. The following developments are exempt from these requirements: (a) Projects that are developed by an educational institution for the exclusive residential use and occupancy of its students. (b) Institutional, group homes or group quarters housing, including long-term care facilities. (c) The redevelopment of existing dwelling units in a project that produces no additional units. C. Inclusionary Units (1) For covered development, at least five fifteen percent (15%) of the total dwelling units offered for rent or sale, including units offered for sale in fee simple, shared, condominium or cooperative ownership, shall be affordable to households having incomes no greater than 80% of the area median income (AMI) adjusted for household size. An additional five percent (5%) of the total dwelling units shall be affordable to households having incomes no greater than 100% of the AMI adjusted for household size. An additional five percent (5%) of the total dwelling units shall be affordable to households having incomes no greater than 120% of the AMI adjusted for household size. Inclusionary Rental Units and at least ten percent (10%) of the total dwelling units offered for sale, including units offered for sale in fee simple, shared, condominium or cooperative ownership, shall be Inclusionary Ownership Units. Prior to or upon request for the Certificate of Occupancy the applicant shall notify the City whether the units will be Inclusionary Rental Units or Inclusionary Ownership Units so that the City, or its designee, may confirm that the offered rents or sales prices meet these requirements prior to issuance of the Certificate of Occupancy. In addition: (a) Where the application of this formula results in a fractional dwelling unit, that fractional dwelling unit shall be rounded to the nearest whole number (fractions that are greater than n.00 but less than n.50 are rounded down; fractions that are greater than or equal to n.50 but less than n+1.00 are rounded up). (b) When a covered development results in 12 or more lots that are sold prior to development, 10% of the lots must include deed restrictions that satisfy these inclusionary zoning requirements. (b) When the developer proposes to build at least 12 but fewer than 17 housing units, the requirement will be to include two (2) affordable dwelling units one of which shall be affordable to households whose incomes are no greater than 80% of AMI adjusted for household size and the other shall be affordable to households whose income is no greater than 100% of AMI adjusted for household size. (c) When the developer is required to build a number of affordable dwelling units where the number of affordable dwelling units calculated by multiplying the total number of units by 15% is not evenly divisible by three, the first “remaining” dwelling unit must be affordable at the 80% AMI level adjusted for household size and, where applicable, the second “remaining” dwelling unit must be affordable at 100% AMI level adjusted for household size. Example: The developer is required to build 13 affordable dwelling units. Four dwelling units must be affordable at the 80% of AMI adjusted for household size, four dwelling units must be affordable at the 100% of AMI adjusted for household size; four dwelling units must be affordable at the 120% of AMI adjusted for household size; and the “remaining” dwelling unit must be affordable at the 80% AMI adjusted for household size. LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 8 (2)Inclusionary units required under this section shall be: (a)Constructed on site, unless off-site construction is approved under Subsection (E)(1)(b) (Off- Site Construction) of this Article, and integrated among market rate units in the development. (b)Integrated into the overall project layout and Ssimilar in architectural style and outward appearance to market rate units in the proposed development. (i)Inclusionary units shall be physically integrated into and complement the overall layout, scale, and massing of the proposed development; this criterion may be achieved in a single building or multiple buildings. (ii)Inclusionary units shall be constructed with the same exterior materials and architectural design details quality as those of the market rate units in the development used in market rate construction. The exterior amenities and landscaping provided for the inclusionary units shall be similar to those provided for the market rate units in the development.Similar exterior amenities and landscaping shall also be provided. However, the exterior dimensions of the inclusionary units may differ from those of the market rate units. (iii)Inclusionary units shall be no less energy efficient than market rate units; inclusionary units may differ from market rate units with regard both to interior amenities and to gross floor area. The average (mean) gross floor area of all inclusionary units, however, shall not be less than 70% of the average (mean) gross floor area of market rate units; (iv)Inclusionary units may differ from market rate units with regard to both interior amenities and amount of Habitable Area. However, the minimum Habitable Area of inclusionary units shall be 450 square feet for studios, 650 square feet for 1-bedroom units, 900 square feet for 2- bedroom units and 1,200 square feet for three (3) or more bedrooms. If the average (mean) area of the Habitable Area of the market rate units is less than the minimum area required for the Habitable Area of inclusionary units, then the Habitable Area of the inclusionary units shall be no less than 90% of the average (mean) Habitable Area of the market rate units. (v)Inclusionary units developed as part of a housing development of predominantly market rate duplexes and/or multi-family dwellings may be of varied types. Inclusionary units developed as part of a predominantly-single-family housing development may be accommodated in buildings containing up to four (4) dwelling units that have the appearance of single family homes through their scale, massing, and architectural style. (iv) Inclusionary Units developed as part of a single- family housing development may be accommodated in duplexes or multi-family dwellings that resemble market rate single-family dwellings, as allowed within the City Center Form Based Codes District. (vi)There shall be no indications from common areas that these units are inclusionary units. (vii)The average (mean) number of bedrooms in the inclusionary units shall be no fewer than the average number of bedrooms in the market rate units. For projects involving 50 or more dwelling units, the applicant shall provide a revised estimate to the Administrative Officer at each interval of 50 dwelling units; the revised estimate shall account for the differences in estimates vs. actuals for the units permitted to date and shall apply to inclusionary units for which the Administrative Officer has not issued a zoning permit. LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 9 (viii)Unfinished space within an Inclusionary Ownership Unit that is not initially constructed as bedroom, but which can be converted to such, may count as a bedroom. No more than one (1) bedroom per inclusionary ownership unit may be counted in this manner. (c)Constructed and made available for occupancy concurrently with market rate units. The applicant shall provide a proposed phasing plan demonstrating concurrent development and occupancy of the market rate units and the inclusionary units. The Development Review Board may attach conditions necessary to assure compliance with this section and may, based on documentation from a financial institution denying financing or on physical site constraints, approve a plan allowing non-concurrent construction of the inclusionary units. Buildings containing the last 10% of market rate units shall not receive certificates of occupancy until certificates of occupancy are issued for all buildings containing inclusionary units, including when the inclusionary units are provided off-site as provided for in Subsection (E)(1)(b) (Off-Site Construction) of this Article. D.Affordability Requirements. The basis for determining maximum rental and purchase prices for inclusionary units and applicant rental or purchaser household eligibility for accessing inclusionary units under this section are described below. The data used to determine the incomes, rents and purchase prices is updated annually by U.S. Department of Housing and Urban Development (HUD). The Vermont specific data is updated annually on the Vermont Housing Data website, managed by the Vermont Housing Finance Agency, in a table titled “Maximum rent and purchase price affordability thresholds by income and household size”. Refer to this table in administration of this section. (1)Affordability Determinations. Inclusionary units required under this section shall be affordable and marketed to income-eligible eligible households as follows (a)Maximum rent and purchase prices. (a)For Inclusionary Rental Units, the maximum monthly rent that may be charged is one-twelfth of 30% of the targeted Area Median Income (80%) corresponding to the size of the specific unit (measured in number of bedrooms). When any component of the rental housing costs is excluded, the maximum rent that may be charged is reduced accordingly. (b)For Inclusionary Ownership Units, the maximum monthly housing cost that the owner(s) may be required to pay is one-twelfth of 30% of the targeted Area Median Income (80%) corresponding to the size of the specific unit (measured in number of bedrooms). (a)(c) Maximum rent and purchase price calculation. Maximum Rents and Purchase Prices for Inclusionary Units are calculated based on three components: housing costs, area median income targets, and the number of bedrooms in the inclusionary unit. Housing costs for inclusionary units shall not exceed 30% of annual household income, adjusted for household size. (i)Housing costs used to calculate the affordability of inclusionary units shall include: (I)For Inclusionary Rental Units – rent (inclusive of any condominium or homeowners’ association fees) and utilities (water, electricity and heating costs). (II)(ii) For sale Inclusionary Ownership Units – mortgage principal and interest, annual property taxes, average annual homeowner’s insurance premiums, and average annual mortgage insurance premiums, and 50% of annual condominium or homeowners’ association fees. i.(b) Income eligibility shall be determined based on income guidelines, as adjusted for household size, published annually by the U.S. Department of Housing and Urban Development (HUD) for the Burlington-South Burlington Metropolitan Statistical Area (MSA), or on program- LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 10 based income eligibility requirements established by a partnering housing organization. The AMI shall be determined using the most recent income guidelines available at the time a unit is available for occupancy. (ii) Area Median Incomes (AMI) Targets. HUD estimates the Area Median Income for households residing in the Burlington-South Burlington Metropolitan Statistical Area (MSA) and, in addition, for households of varying sizes residing in the MSA. HUD also calculates AMI ratios, including 80% AMI, for households of varying sizes in the MSA. HUD publishes this AMI-based annual household income information annually. Maximum rents and sales prices shall be determined using the most recent HUD-published income guidelines available at the time the unit is available for occupancy. (iii) Number of bedrooms. Rental and purchase prices of inclusionary units are not linked to the size of the household that rents or purchases the inclusionary unit. Number of bedrooms is used to define a household size linked to the specific unit. The use of “number of bedrooms” for this purpose is explained under the Vermont Housing Data website’s annual maximum rent and purchase price tables entitled “Maximum rent and purchase price affordability thresholds by income and household size”. Table 18-1 HUD Formula for Determining Maximum Rents and Purchase Prices Unit Size Household Size Equivalent1 Efficiency/Studio 1 One-Bedroom Unit 1.5 Two-Bedroom Unit 3 Three-Bedroom Unit 4.5 Four-Bedroom Unit 6 (d) With respect to inclusionary units offered for sale, sale prices shall be calculated based on an available fixed rate, 30-year mortgage, consistent with a blended rate for banks or other lending institutions offering mortgages in South Burlington, or a lower Vermont Housing Finance Agency (VHFA) rate if the developer can guarantee the availability of VHFA mortgages at this rate for all 1 The maximum allowable rent or sales price is based on the designated AMI level (80%, 100%, or 120%) corresponding to the “Household Size Equivalent” in the table above that matches the number of bedrooms in the housing unit. The result is that the maximum rent or sales price for a particular affordable unit is the same for all eligible households seeking to rent or purchase that affordable housing unit. For example, the maximum rent or sales price for a one-bedroom inclusionary unit is determined using the average of the applicable AMI level for one- and two-person households. Note that the applicant household’s income is not used to determine the maximum rent or sales price of a particular inclusionary housing unit. LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 11 required inclusionary units. The calculated price shall assume a down payment of no more than 5% of the purchase price. (2)Renter and Home-buyer Income Eligibility. Income eligibility for an applicant household is determined based on three components: Household Size, Household Income and Annual Median Income (AMI) targets for Inclusionary Units. The AMI amounts for applicants seeking to rent or purchase an Inclusionary Unit shall be determined using the most recent HUD-published income guidelines available at the time the unit is available for occupancy. (a)For renters, households, regardless of household size, are eligible for inclusionary rental units so long as their combined household income does not exceed 80% AMI. (a)(b) For home-buyers, households, regardless of household size, are eligible for inclusionary ownership units so long as their combined household income does not exceed 100% AMI. (3)Flexibility between maximum rent and purchase prices and eligible renter or purchaser households. (a)Eligible renter or purchaser households may rent or purchase an Inclusionary Unit with a rent or purchase price linked to a household size (derived from number of bedrooms) that is not the same as the Eeligible Household’s size. Examples: ●a two-person household may purchase a three-bedroom house or condominium. ●a three-person household may rent a one-bedroom apartment. (b)Eligible renter or purchaser households may rent or purchase an Inclusionary Unit with an AMI target that is higher than the eligible Household’s AMI percentage. Examples: ●a three-person household whose income is 70% of AMI (for its household size) may rent an apartment for which the rent is targeted to 80% of AMI. ●a two-person household whose income is 90% of AMI (for its household size) may purchase a condominium or house for which the purchase price is targeted to 80% of AMI. (c)Eligible renter or purchaser households may rent or purchase an Inclusionary Unit whosefor which the housing costs exceed 30% of the Eeligible Household’s income. (4)Alternative Eligibility Criteria. When an affordable housing organization is a partner in a covered development, eligibility may be determined in accordance with program-based eligibility requirements established by the partner housing organization. (25)Continued Affordability. An inclusionary unit shall remain affordable in perpetuity commencing from the date of initial occupancy, through a deed restriction, restrictive covenant, or through purchase by or a contractual agreement with a local, state or federal housing authority or nonprofit housing agency, to be reviewed by the City Attorney and approved by the City Manager, or their designees, prior to recording in the City of South Burlington Land Records. Any deed restriction, covenant or other instrument or agreement ensuring the continued affordability of inclusionary units shall include: LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 12 (a)Resale Restrictions. Provisions to ensure the affordability of units offered for sale shall include a formula for limiting the resale price to whatever is the higher of the purchase price the seller paid plus 2% for each year of ownership (non-compounding), or what is affordable to a household at 80% AMI at the time of resale. equity appreciation to an amount not to exceed 25% of the increase in the unit’s value, as determined by the difference between fair market appraisals of the unit at the time of purchase and the time of resale, with adjustments for improvements made by the seller and the necessary costs of sale, as may be approved by the City Manager Eligible households are those having incomes no greater than 100% AMI at the time of purchase. In addition, the City shall have the option to purchase or transfer its option to purchase Inclusionary Ownership Units at each future time of resale. In addition, any covenant shall have language to ensure the continuing affordability of Inclusionary Rental Units if the unit or property offered for sale instead will be offered for rental. (i) The seller or his/her representative shall notify the City Manager or his/her designee of the prospective sale of an Inclusionary Ownership Unit; (ii) The City Manager or his/her designee, in consultation with the members of the Housing Trust Fund Committee, shall then have an exclusive option for thirty (30) days to purchase the Inclusionary Ownership Unit from the seller at a price consistent with the requirements of this subsection unless the City Manager or his/her designee waivesd the option by declaring in writing an intent not to exercise the option or transfers the option as described in Subsection (D)(5)(a)(iv) of this Article; (iii)If the City Manager or his/her designee, in consultation with the members of the Housing Trust Fund Committee, fails to exercise such option by failing to negotiate and sign a purchase and sale agreement for purchase of the Inclusionary Ownership Unit, or declaring an intent not to exercise such option, the seller shall offer the Inclusionary Ownership Unit for purchase to income-eligible households in accordance with the requirements of subsection 18.01(D)(5)(a) (Affordability Requirements). (iv) On or before a purchase and sale agreement is executed between the seller and the City Manager or his/her designee, s/he may assign the City’s option specified in this subsection to purchase the Inclusionary Ownership Unit to a 501(c)(3) organization whose primary purpose is the supply of affordable housing in perpetuity. Upon the decision to exercise this transfer option, the City Manager or his/her designee shall notify the seller of such assignment. The organization to which the City has assigned the option shall deal directly with the seller and shall have all of the authority of the City Manager, as provided under this subsection. (b)Rent IncreasesChanges. Provisions to ensure the affordability of Inclusionary rRental uUnits shall require that limit annual rent changes not exceedincreases to the percentage increase change in the median household income within the Burlington-South Burlington MSA, when the change is an increase; and that annual rent changes match the percentage change in the median household income within the Burlington-South Burlington MSA, when the change is a decrease. An exception to the limit on increases or required decreases is permitted to the extent that further increases or delayed decreases are made necessary by documented hardship or other unusual conditions. , and shall provide that no rent increase Such exceptions may not take effect until it has received the written approval of approved in writing by the City Manager or his/her designee; (c)Sublet Restrictions. Provisions for inclusionary rRental uUnits shall prohibit the subletting of units at rental rates and/or to households that exceed affordability limits established pursuant to this section. LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 13 (36)Reporting Requirements. Annually, the owner of a project that includes inclusionary rental units shall prepare and submit a report to the City Manager that lists the gross rents charged for inclusionary units and the household incomes at move-in, based on documentation provided by tenant for owner’s completion of form provided by the City, to certify that Inclusionary Rental Unit rent maximums and household income maximums haveincomes of unit tenants, and certifies that unit affordability has been maintained as required. E.Developer Options (1)Options (a) and (b) below are available to developers, upon request, as necessary to address documented financial hardships based on documentation from a financial institution denying financing or physical site constraints that limit or preclude the incorporation of inclusionary units within a covered development. Options (c) and (d) are available to the developer at his or her discretion. A payment or contribution in lieu of constructing required inclusionary units shall be prohibited. (a)Dedication. The South Burlington City Council, in consultation with the entity designated by the City Council (for example, a permanent South Burlington Affordable Housing Committee or South Burlington Affordable Housing Board), may accept as an alternative to the development of inclusionary units, a dedication by the developer of equal or greater value, including land and expected inclusionary unit value, that furthers the purposes of this section. An example might be the donation of developable land in the City Center Form Based Codes District that provides accessibility to transit, employment opportunities, and services. (b)Off-Site Construction. The developer of a covered development may comply with the requirements of this section by constructing, within two years of receiving a permitthe date of the decision approving for the covered development, the required number of inclusionary units on another site parcel within the same contiguous underlying zoning district in which the covered development is located City Center Form Based Codes District, or contracting with another entity to construct the required number of units within the same contiguous underlying zoning district in which the covered development is located. This condition shall not be considered satisfied until certificates of occupancy have been issued for all off-site inclusionary units in the City Center Form Based Codes District. Off-site means outside the boundaries of the lot or PUD on which the covered development is located. (c)A developer who constructs inclusionary units having three bedrooms shall receive credit for three inclusionary units for every two three-bedroom inclusionary units constructed. These credit inclusionary units earned under these provisions are ineligible for offset or bonus units. (d)A developer who constructs inclusionary units having four bedrooms shall receive credit for four inclusionary units for every two four-bedroom inclusionary units constructed. These credit inclusionary units earned under these provisions are ineligible for offset or bonus units. F. Offset for Fulfillment of Inclusionary Unit Requirements (1)Residential Unit Offset. To offset an applicant’s fulfillment of this Section’s inclusionary unit requirement is an allotment of one additional dwelling unit for each required Inclusionary Rental Unit that is constructed; or an allotment of two additional dwelling units for each required Inclusionary Ownership Unit that is constructed. This offset shall not be provided for any required unit for which the developer receives approval for the Dedication as described in 18.01 (E).(1)(a) herein. (a)Offset residential units are not subject to the inclusionary affordability requirements. LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 14 (b) The offset described above shall be approved as long as the total housing units in the specific covered development do not result in non-compliance with Section 15.02(A)(4). Example (1): In a 24-unit owner housing development on a six-acre plot in a R4 district, the developer is required to build two (2) inclusionary units The developer shall receive an offset of four (4) market rate dwelling units, and the project now includes a total of 28 dwelling units. Example (2): In a 36-unit rental housing development on a three-acre plot in a R12 district, the developer is required to build five (5) inclusionary units. The developer shall receive an offset of five (5) market rate dwelling units, and the project now includes a total of 41 dwelling units. (c) Where a zoning district establishes a maximum building coverage of less than twenty percent (20%) and/or a maximum overall lot coverage of less than thirty percent (30%), the applicable maximum coverage in that district shall be increased to accommodate the offset units. For Inclusionary Ownership Units, this increase shall be twenty percent (20%) and for Inclusionary Rental Units, this increase shall be fifteen percent (15%). Example (1): In a zoning district with a maximum building coverage of fifteen percent (15%), the maximum building coverage shall be increased to eighteen percent (18%) to accommodate offset Inclusionary Ownership Units. Example (2): In a zoning district with a maximum building coverage of fifteen percent (15%), the maximum building coverage shall be increased to seventeen and 25/100 percent (17.25%) to accommodate Inclusionary Rental Units. G. Density Bonuses for Exceeding Inclusionary Housing Requirements (1) Applicability. This subsection applies in zoning districts or portions thereof as defined in Subsection (B)(1) (Applicability - Zoning Districts and Locations) of this Article, in which residential development is allowed. However, density is not a dimensional requirement in the City Center Form Based Code districts, therefore this section is not relevant in those districts. (2) Density Bonuses. When an applicant voluntarily includes, in the base zoning density unit- maximum for the development, more than the number of inclusionary units required under Section 18.01(C)(1), then upon the applicant’s request, the development shall receive, in addition to the offset units, a density bonus. The density bonus shall be one dwelling unit for each voluntary Inclusionary Rental Unit and two dwelling units for each voluntary Inclusionary Ownership Unit, up to a maximum density of 50% more than the base maximum density permitted in the zoning district. In zoning districts where additional density is permitted via Planned Unit Development, the base density shall be defined as the maximum density for the district without use of PUDs. Density bonus dwelling units are not subject to the inclusionary affordability requirements. Example (1): In a 24-unit owner housing development on a six-acre plot in a R4 district, the developer is required to build two (2) inclusionary units. The developer shall receive an offset of four (4) market rate dwelling units, and the project now includes a total of 28 dwelling units. In order to receive approval for the maximum 50% density increase (which equates to a maximum of 8 additional units in this example since the offset units need to be accounted for), the developer includes an additional four (4) inclusionary units in the base zoning density unit-maximum (24) for which the developer receives 12 bonus density units. In sum, the total project includes 36 units, 6 of which are inclusionary (17% of the units) and 30 of which are market rate (83% of the units). LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 15 Example (2): In a 36-unit rental housing development on a three-acre plot in a R12 district, the developer is required to build five (5) inclusionary units. The developer shall receive an offset of five (5)market rate dwelling units, and the project now includes a total of 41 dwelling units. In order to receive approval for the maximum 50% density increase (which equates to a maximum of 13 additional units in this example since the offset units need to be accounted for), the developer includes an additional thirteen (13) inclusionary units in the base zoning density unit-maximum (36) for which the developer receives 13 bonus density units. In sum, the total project includes 54 units, 18 of which are inclusionary (33% of the units) and 36 of which are market rate (67% of the units). Example (3): In a 40-unit owner housing development on a ten-acre plot in a R4 district, the developer is required to build four (4) inclusionary units. The developer shall receive an offset of eight (8) market rate dwelling units, and the project now includes a total of 48 dwelling units. In order to receive approval for the maximum 50% density increase (which equates to a maximum of 12 additional units in this example since the offset units need to be accounted for), the developer includes an additional six (6) inclusionary units in the base zoning density unit-maximum (40) for which the developer receives 12 bonus density units. In sum, the total project includes 60 units, 10 of which are inclusionary (17% of the units) and 50 of which are market rate (83% of the units). Example (4): In a 40-unit rental housing development on a 10-acre plot in a R4 district, the developer is required to build six (6) inclusionary units. The developer shall receive an offset of six (6) market rate dwelling units, and the project now includes a total of 46 dwelling units. In order to receive approval for the maximum 50% density increase (which equates to a maximum of 14 additional units in this example since the offset units need to be accounted for), the developer includes an additional fourteen (14) inclusionary units in the base zoning density unit-maximum (40) for which the developer receives 14 bonus density units. In sum, the total project includes 60 units, 20 of which are inclusionary (33% of the units) and 40 of which are market rate (67% of the units). H. Affordable Housing Density Bonuses for Developments with Fewer than 12 Dwelling Units (1)Applicability. This subsection applies in zoning districts or portions thereof as defined in Subsection (B)(1) (Applicability - Zoning Districts and Locations) of this Article, in which residential development is allowed. However, since density is not a dimensional requirement in the City Center Form Based Code Districts, this section is not relevant in that District. (2)Density Bonus. For applications that include at least three (3) but fewer than twelve (12) dwelling units (calculated using the base zoning density unit-maximum for the development), where the developer has opted to construct one or more inclusionary units any approval shall, upon request of the applicant, include a density bonus over the base zoning density. The density bonus shall be one dwelling unit for each inclusionary rental unit and two dwelling units for each inclusionary ownership unit included voluntarily, up to a maximum density of 50% more than the base density. The density bonus units are not subject to the inclusionary affordability requirements. * FI. Administration and Compliance (1)Application Requirements. In addition to other submission requirements applicable to proposed projects specified within this bylaw, applications under this section shall include the following information: LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 16 (a)A site or subdivision plan that identifies the number, locations, types, and sizes of inclusionary units in relation to market rate units; (b)Documentation supporting the allocation of inclusionary and market rate units, including inclusionary unit set aside calculations; (c)A description of each unit’s type, floor area, number of bedrooms, estimated housing costs, and other data necessary to determine unit affordability; (d)A list of proposed options, if any, to be incorporated in the plan, as provided for under Subsection (E) (Developer Options) of this Article; (e)Documentation regarding household income eligibility; (f)Information regarding the long-term management of inclusionary units, including the responsible party or parties, as required to ensure continued affordability; (g)Draft legal documents required under this section to ensure continued affordability; (h)Construction timeline for both inclusionary and market rate units; and (i)Other information as requested by the Administrative Officer to determine project compliance with inclusionary zoning requirements. (2)Compliance Officer. The Administrative Officer (AO) is responsible for certifying, in writing, whether a development application is in compliance with the inclusionary zoning requirements specified in Subsection (FJ)(1) (Application Requirements) of this Article. In cases in which the AO determines the application is not in compliance, he or she shall specify the areas of non-compliance. (3)Ongoing Compliance. The City of South Burlington Housing Authority, if any; or City Manager or his/her designee or another municipal entity; or a bona fide qualified non-profit organization, as determined by the South Burlington City Council, shall be responsible for the on-going administration of the inclusionary units as well as for the promulgation of such rules, regulations, and/or procedures as may be necessary to implement this program. The Housing Authority, or City Manager or his/her designee, or other municipal entity, or non-profit organization shall define and implement eligibility priorities, continuing eligibility standards and enforcement, and rental and sales procedures. (3)Program Evaluation. In order to monitor and track the success of inclusionary zoning in meeting the purposes of this section and the City’s affordable housing goals and targets, the City Manager or his/her designee shall: (a)Collect and maintain income eligibility guidelines, mortgage interest rate information, and other information necessary to meet the requirements of this section; (b)Monitor and maintain records regarding the status of inclusionary units developed under this Section 18.01; and (c)Prepare an annual written report for distribution to the South Burlington City Council and Planning Commission and posting on the City’s website, to be considered in a public meeting, that summarizes the status of covered projects and inclusionary units approved to date, and sets forth program findings, conclusions, and recommendations for any changes that will increase the effectiveness of inclusionary zoning. LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 17 18.02 Affordable Housing Density Bonus A. Purpose. One of the adopted Comprehensive Plan goals is the availability of quality housing and quality affordable housing to attract and retain a qualified work force. The following provisions are established to enable the City of South Burlington to ensure a supply of standard housing available at below-market rate purchase prices or rents. In this way, a choice of housing opportunities for a variety of income groups within the City can be created in accordance with the Comprehensive Plan and these Regulations. B. Applicability. This section shall apply in any Zoning District in which residential development is permitted, with the exception of the applicable locations defined in Section 18.01 (B)(1) (Applicability - Zoning Districts and Locations) of this ArticleCity Center Form Based Codes District. C. Density Increase. On a case by case basis and as part of the Planned Unit Development application, the Development Review Board may grant an increase in residential density over the base zoning density, in order to create below market rate housing. The density increases shall be approved on the following criteria and standards: (1) Affordable Housing Development. The Development Review Board may grant a density increase of no more than fifty percent (50%) in the total number of allowed dwelling units for an Affordable Housing Development. The total of below market rateAffordable Housing units shall be at least half of the total proposed dwelling units. Where the total proposed dwelling units is an uneven number, the total of below market rate units shall be calculated as at least the total proposed dwelling units, less one (1), divided by two. Such application shall be subject to Article 14, Site Plan and Conditional Use Review, and Article 15, Subdivision and Planned Unit Development Review. (2) Mixed Rate Housing Development. The Development Review Board may grant a density increase of no more than twenty-five percent (25%) in the total number of allowed dwelling units for a Mixed Rate Housing Development. For each additional market-rate dwelling unit produced as a result of the density increase, one (1) qualifying comparable below market rateAffordable Housing unit must be provided. Such application shall be subject to Article 14, Site Plan and Conditional Use Review, and Article 15, Subdivision and Planned Unit Development Review. Table 13-9 Example of Affordable Housing Bonus Calculation Affordable Project: Mixed-Rate Project: 50% of Total Units Affordable 25% of Bonus Units Affordable Acres 8.35 8.35 Base Density 12 12 Base Units 100.2* 100.2* Bonus Units 50 25 Total Units 150 125 Net Density 17.98 14.99 Affordable Units 74 13 Market Rate Units 74 112 *Partial units always round DOWN to the lower whole number of units LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 18 D.Criteria for Awarding Density Increase. In addition to the standards found in Article 14, Site Plan and Conditional Use Review, , and Article 15, Subdivision and Planned Unit Development Review, the following standards shall guide the Development Review Board: (1)The density upon which a bonus may be based shall be the total acreage of the property in question multiplied by the maximum residential density per acre for the applicable zoning district or districts. (2)Within the Residential 1 and Residential 2 zoning districts, the provisions of this Section 13.14 shall apply only to properties of five (5) acres or more, and the maximum allowable residential density with or without such a density increase shall be four (4) dwelling units per acre. (3)Development Standards. (a)Distribution. The affordable housing units shall be physically integrated into the design of the development in a manner satisfactory to the Development Review Board and shall be distributed among the housing types in the proposed housing development in the same proportion as all other units in the development, unless a different proportion is approved by the Development Review Board as being better related to the housing needs, current or projected, of the City of South Burlington. (b)Minimum Floor Area. Minimum gross floor Habitable Area area per affordable dwelling unit shall not be lessbe no smaller than 70% of the amount of the Habitable Areas of comparable market- rate units in the housing development. (c)Plan for Continued Affordability. The standards set forth in Section 18.01(D)(5) and (6) shall apply. (i)Plan for Continued Affordability. The standards for Section 18.01(D)(2) shall apply. (4)Administration. The City of South Burlington Housing Authority, if any, the City Manager and/or his/her designees, or a bona fide qualified non-profit organization shall be responsible for the on-going administration of the affordable housing units as well as for the promulgation of such rules and regulations as may be necessary to implement this program. The Housing Authority or non-profit organization will determine and implement eligibility priorities, continuing eligibility standards and enforcement, and rental and sales procedures. E.Housing Types. The dwelling units may at the discretion of the Development Review Board be of varied types including one-family, two-family, or multi-family construction, and studio, one-bedroom, two-bedroom, three-bedroom and four-bedroom apartment construction. 18.03 Housing Preservation A.Purpose. The intent of this Section is to achieve one or more of these goals: (1) To promote the health, safety and general welfare of the community by preserving existing housing stock in residential neighborhoods, particularly the supply of affordable and moderately-priced homes through the use of housing retention requirements as referenced in South Burlington’s 2016 Comprehensive Plan; (2)To reduce and mitigate the demolition and conversion to nonresidential use or nonuse of residential structures, and to maintain housing that meets the needs of all economic groups within the City particularly for those of low and moderate income; LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 19 (3) To meet the specific mandates of 24 V.S.A. Section 4302(11) related to housing opportunities for safe and affordable housing for all Vermonters and to meet the needs of the diverse social and income groups in each Vermont community; (4) To support the retention of housing units in the City; (5) To promote the health safety and welfare of the community by preserving the residential character of neighborhoods; and, (6) To offset the loss of housing by requiring replacement of housing units with new construction, conversion of nonresidential to residential use or a contribution to the City of South Burlington Housing Trust Fund. B. Applicability. Except as otherwise provided in sub-section C (Exemptions), this Section 18.03 of these Regulations is applicable to the loss, demolition or conversion to a nonresidential use or nonuse (for example a vacant lot) of any dwelling unit in the City. This includes without limitation any of the following: (1) any dwelling unit that is demolished, removed, or declared unfit for habitation pursuant to any order, decision or other action of the City or State that is caused by unreasonable neglect or deferred maintenance of an existing or prior owner(s); (2) any dwelling unit that is demolished or removed pursuant to any municipal, State or Federal program, including any air traffic or airport noise mitigation and compatibility program; and/or, (3) the loss, demolition or conversion to nonresidential use or non-use of any other form of permanent housing, including but not limited to housing units contained within a housing facility that is permitted as a congregate care facility, except group homes, residential care facilities, or skilled nursing facilities as defined in these Regulations. C. Exemptions. This Section shall not be applicable to: (1) The redevelopment of a dwelling unit or any other form of permanent housing, including but not limited to housing units contained within a housing facility that is permitted as a congregate care facility, within a two (2) year period. Any applicant for a demolition permit seeking to avail themselves of this exemption shall be required to obtain a Certificate of Occupancy within two (2) years of the date of issuance of the demolition permit thereby demonstrating redevelopment of the dwelling unit and restoration of the residential use on the same parcel. (2) Any dwelling unit ordered demolished or declared unfit for habitation because of damage caused by civil commotion, malicious mischief, vandalism, natural disaster, fire, flood or other causes beyond the owner’s control. (3) Dwelling units existing in the following zoning districts: City Center Form Based Code, Industrial – Open Space, Mixed Industrial & Commercial, Swift Street, Institutional-Agricultural, Parks & Recreation, Municipal, Commercial 1-AIR, Airport, and Airport-Industrial. (4) The conversion of a duplex to a single-family home. (5) As of the initial effective date of this Section, any dwelling units: (a) For which the Burlington International Airport / City of Burlington has obtained Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant funding approval for the acquisition, demolition or removal pursuant to the FAA’s Part 150 Noise Compatibility Program. This LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 20 includes the dwelling units identified in FAA AIP grant numbers, AIP-94, AIP-105, and AIP-109 whether or not these dwelling units have been purchased or removed as of January 1, 2018. (b)Indicated on the 2009 Burlington International Airport Part 150 Noise Inventory and Re-Use Plan “Proposed Property Acquisition Program” map, Figure 4: Detailed Acquisition Plan, dated April 23, 2009. See Appendix H for a complete listing of properties by address. (6)The removal of accessory dwelling units. D. Approval. Notwithstanding any other provision of these Regulations and unless otherwise exempt under sub-section C of this Section, no dwelling unit shall be removed, demolished, or converted to a nonresidential use or nonuse, without receipt of a zoning permit in accordance with this Section. In addition to any other submission requirements in these Regulations, the applicant shall submit as part of a zoning permit application under this Section: (1)A statement certifying the number of dwelling units to be demolished or converted to nonresidential use and the number of bedrooms existing within each of these units; (2)A demonstration of compliance with tenant or occupant notice and relocation provisions of applicable state and federal law; and (3)A demonstration of compliance with sub-section E, F and G (if applicable) of this Section. E. Housing replacement requirement. In addition to any other requirements for approval under these Regulations, approval of the zoning permit referred to in Sub-section D above requires the replacement of each dwelling unit that is to be removed, demolished, or converted to nonresidential use or nonuse with a replacement dwelling unit. Any dwelling unit approved under Section 18.01 or 18.02 shall not qualify as a replacement dwelling unit. This replacement requirement may be satisfied in one of the following ways: (1)Construction of a new dwelling unit in accordance with sub-section F of this Section; (2)The conversion of a non-residential building to residential use in accordance with sub-section F of this Section; or, (3)Contribution to the Housing Trust Fund. Payment to the City of South Burlington’s Housing Trust Fund for each dwelling unit that is removed, demolished, or converted to nonresidential uses or nonuse in an amount equal to twenty-five percent (25%) of the higher of (1) the most recent assed valuation the premises as modified by the CLA (Common Level of Appraisal) or (2) the most recent sales price of the premises. F.Replacement Dwelling Unit Requirement. In addition to the foregoing, all replacement dwelling units built pursuant to this Section must meet the following requirements: (1)Each replacement dwelling unit shall have at least the same number of bedrooms as the dwelling unit being replaced; (2)Each replacement dwelling unit must be located within the City of South Burlington; (3)Each replacement dwelling unit must receive a Certificate of Occupancy within eighteen (18) months of the date on which the zoning permit referenced in Sub-section D above is approved; (4)Each rental replacement dwelling unit(s) must be maintained either as a Group Home or as a leased “Affordable Housing” unit, as that term is defined in Article 2 of these Regulations to prospective LDR-19-13A & LDR-19-13B Inclusionary Zoning & Affordable Housing DRAFT Approved by Planning Commission 2020-01-28 Land Development Regulations 21 occupants who are income eligible at the time they first lease the unit, for a period of not less than twenty (20) years from the date of first occupancy. (5)Each non-rental replacement dwelling unit(s) must be offered for sale either: (a)At or below the fair market value of the dwelling unit that was removed, demolished, or converted to nonresidential use or nonuse, as determined either (i) by an appraisal provided by the applicant, or (ii) by the City’s latest assessed value of the premises including the dwelling unit that was removed, demolished, or converted to nonresidential use or to nonuse; or (b)As an “Affordable Housing” unit, as that term is defined in Article 2 of these Regulations, to prospective purchaser/occupants who are income eligible at the time they purchase the unit. Any such unit shall be subject to a covenant restricting the sale of the dwelling unit for a twenty (20) year period to an owner/occupant who qualifies by income. (6)Income eligibility for replacement units described in this subsection shall be determined based on income guidelines, as adjusted for household size, published annually by the U.S. Department of Housing and Urban Development (HUD) for the Burlington-South Burlington Metropolitan Statistical Area (MSA), or on program-based income eligibility requirements established by a partnering housing organization. The income eligibility shall be determined using the most recent income guidelines available at the time a unit is available for occupancy. G. Performance Guaranty/Letter of Credit. When an applicant proposes to construct a new replacement dwelling unit or convert a non-residential building to a replacement residential unit, the applicant must post a performance guaranty in the form of a letter of credit, or other security acceptable to the City Attorney, in the amount equivalent to the amount the applicant would have been required to contribute to the City of South Burlington’s Housing Trust Fund if the applicant had chosen that option pursuant to Sub-section E(3), above. Such a performance guaranty shall be valid for no more than two (2) years, after which the full amount due shall be provided to the City of South Burlington’s Housing Trust Fund if a replacement dwelling unit satisfying the conditions of this Section has not been granted a Certificate of Occupancy as a dwelling unit. H. Administration. The City of South Burlington Housing Authority, if any, or a bona fide qualified non- profit organization approved by the City of South Burlington following demonstration of its qualifications shall be responsible for the on-going administration of this section as well as for the promulgation of such rules and regulations as may be necessary to implement this section. The Housing Authority or non-profit organization will determine and implement eligibility priorities, continuing eligibility standards and enforcement, and rental and sales procedures. I.Violations. In the event of a violation of this Section, an enforcement action in accordance with Article 17 shall commence and the requirements of this Section shall apply in addition to any other remedies available to the City by law. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com South Burlington Planning Commission Proposed Land Development Regulations Amendment & Adoption Report Amendments approved by the Planning Commission January 28, 2020 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 held a public hearing on Tuesday, December 10, 2019 to consider the following amendments to the South Burlington Land Development Regulations: A. LDR-19-13A: Modify existing Inclusionary Zoning requirements and extend applicability to include all lands that underline the Transit Overlay District, all lands within the City Center Form Based Code District, and all lands in the vicinity of Hinesburg Road and Old Farm Road that are north of I-89 and are outside the Transit Overlay District. B. LDR-19-13B: Modify Affordable Housing Density Bonus standards as follows: (1) reduce applicable area to only those areas not subject to proposed Inclusionary Zoning standards [LDR- 19-13A], and; (2) adjust requirements for income eligibility and continued affordability for all remaining parts of the City. Subsequent to the hearing, the Planning Commission made modifications to the amendments. 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 (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.” Brief explanation of the proposed bylaw. The proposed bylaw would extend and modify the Inclusionary Zoning requirements in the City Center Form Based Code District to encompass all lands within the Transit Overlay District and portions of land north of I-89 in the vicinity of Hinesburg Road & Old Farm Road, and would modify income eligibility & continued affordability standards in the Affordable Housing Density Bonus standards elsewhere in the City. Where Inclusionary Zoning requirements are extended, they would replace the Affordable Housing Density Bonus standards. Specifically, Inclusionary Standards include the following structure: •Required for projects with 12 or more new dwelling units. •10% of homeownership units, 15% of rental units, and 10% of vacant lots must be affordable in perpetuity at prices/rents affordable to households earning 80% of Area Median Income (AMI). For ownership units, actual income eligibility would be up to 100% of AMI. •Developer Offsets and Incentives. One additional market rate unit for every one required inclusionary unit (rentals) and two additional market rate units for every one required inclusionary unit (ownership) would be granted above the maximum zoning for the district. In zoning districts with very low lot and building coverage limitations, these limitations are proportionally increased to accommodate offset units. •Developer Bonus: A develop providing a greater proportion of dwelling units at or below 80% of AMI and meeting inclusionary requirements receiving additional market rate units at the same ratios as for offset units, up to maximum total increase of 50% density increase. Note: this figure is unchanged from the current maximum allowable bonus. •Alternatives available to developer: land dedication in lieu of inclusionary unit construction and off-site construction of inclusionary units. •Units must remain affordable at the rates described above in perpetuity upon resale or new tenants, adjusted for inflation. Outside of the Inclusionary Zoning applicable areas, the proposed amendment would allow households earning up to 100% of AMI to purchase a dwelling unit; units would be required to remain affordable to households earning 80% of AMI, and continued affordability standards would mirror those for Inclusionary Zoning. (1)Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The proposed amendments are intended to support the economic integration of housing in a manner that both supports affordability objectives and is attainable by the development community. The Comprehensive Plan includes the following objectives and strategies: Vision & Goals: Be affordable, with housing for people of all incomes, lifestyles, and stages of life; 3 Objective 2. Offer a full spectrum of housing choices that includes options affordable to households of varying income levels and sizes by striving to meet the housing targets set forth in this Plan. Strategy 4. Implement a variety of tools and programs to foster innovative approaches to preserving and increasing the City’s supply of affordable and moderate income housing. Potential tools should be explored and could include form-based codes that would allow a variety of residential and mixed use building types, transferable development rights, neighborhood preservation overlay districts, household definition regulations, inclusionary zoning, bonuses and incentives, waivers and expedited review processes, and/or a housing retention ordinance. Strategy 10. Develop strategies that can lead to the availability or development of more housing that is affordable to middle income, working residents and families in the City… Strategy 13. Target for construction, by 2025, of 1,080 new affordable housing units - 840 housing units affordable to households earning up to 80% of the AMI and 240 housing units affordable to households earning between 80% and 120% of the AMI. (2)Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendments would replace existing allowances of density bonuses of either 25% or 50% with an inclusionary requirement. The requirement is accompanied by an offset allowance of 15%-20% in density increase (rental & ownership) as an incentive to applicants as required under 24 VSA Chapter 117. In addition, applicants electing to provide a greater proportion of dwelling units at the Inclusionary Zoning eligibility thresholds would receive additional market rate units for each. The maximum total density increase in that instance would be 50%, commensurate with the current maximum. The Comprehensive Plan includes the following relevant objective: Objective 39. The majority of all new development will occur within the Shelburne Road, Williston Road, and Kennedy Drive Corridors, and other areas within the Transit service area. (3)Carries out, as applicable, any specific proposals for any planned community facilities. The amendments do not impact specific proposals for any planned community facilities. Kevin Dorn, City Manager, City of South Burlington, 575 Dorset Street, South Burlington, VT 05403 802.846.4107 To: City Council From: Kevin Dorn, City Manager Subject: Traffic Noise Barriers on I-89 Date: January 31, 2020 Background: Several residents living along the interstate from City Hall to the UMall have reached out to Councilors to request that the City initiate a process leading to the construction of noise barriers between their properties and the highway. In a separate email I forwarded some information from the Federal Highway Administration that talks about what these walls are, how such walls are constructed, how to go about seeking federal support for such walls, etc. There are numerous articles on the internet speaking to the effectiveness of such noise barriers and other factors to consider in whether or not such barriers would work to improve the quality of life of residents living along the highway. I will have hard copies of the FHA report for you at the meeting. Recommendation: Review the information I sent you in the separate email. Discuss if you would like to move forward with further research or other action you would like to take. Direct staff through a motion to proceed as you direct. Expenditure Report-December, 2019 General Fund Year-to-Date % Budget FY 2020 Account Budget Expenditures Expended $ (+/-)Paid December Total CITY COUNCIL $134,855.00 $117,662.21 87.25%$17,192.79 $59,275.00 Total ADMINISTRATIVE INSURANCE $5,035,026.73 $1,384,848.03 27.50%$3,650,178.70 $227,205.34 Total CITY MANAGER $483,938.92 $302,406.47 62.49%$181,532.45 $64,179.35 Total LEGAL, ACCOUNTING, ACTUARY $315,163.57 $159,527.80 50.62%$155,635.77 $48,579.71 Total ADMINISTRATIVE SERVICES $1,101,596.88 $378,457.72 34.36%$723,139.16 $120,658.08 Total INFORMATION TECHNOLOGY $235,854.89 $126,099.14 53.46%$109,755.75 $17,649.00 Total CITY CLERK $242,313.58 $109,336.07 45.12%$132,977.51 $17,882.95 Total ASSESSING/TAX/FINANCE $340,514.08 $175,938.16 51.67%$164,575.92 $26,166.82 Total PLANNING/DESIGN REVIEW $420,590.71 $211,571.62 50.30%$209,019.09 $44,808.67 Total OPERATING TRANSFERS OUT $448,200.00 $448,200.00 100.00%$0.00 $0.00 Total GENERAL GOVERNMENT EXP.$8,758,054.36 $3,414,047.22 38.98%$5,344,007.14 $626,404.92 Total FIRE DEPARTMENT $3,089,614.32 $1,632,114.42 52.83%$1,457,499.90 $307,508.57 Total ELECTRICAL INSPECTIONS $10,850.00 $9,131.49 84.16%$1,718.51 $214.65 Total AMBULANCE $151,750.00 $31,273.78 20.61%$120,476.22 $5,968.13 Total POLICE DEPARTMENT $5,106,686.82 $2,514,592.99 49.24%$2,592,093.83 $423,304.57 Total PUBLIC SAFETY $8,358,901.14 $4,187,112.68 50.09%$4,171,788.46 $736,995.92 Total OPERATING TRANSFERS OUT $881,000.00 $856,573.73 97.23%$24,426.27 ($584.58) Total HIGHWAY DEPARTMENT $2,566,339.89 $1,928,966.92 75.16%$637,372.97 $271,772.01 Total RECREATION ADMINISTRATION $316,277.51 $159,879.82 50.55%$156,397.69 $32,030.75 Total PROGRAMS $30,000.00 $14,858.23 49.53%$15,141.77 $3,373.07 Total RED ROCKS PARK $8,450.00 $5,723.97 67.74%$2,726.03 $36.99 Year-to-Date % Budget FY 2020 Account Budget Expenditures Expended $ (+/-)Paid December Total FACILITIES $327,300.00 $11,104.35 3.39%$316,195.65 $1,183.45 Total SPECIAL ACTIVITIES $140,200.00 $65,885.90 46.99%$74,314.10 $20,028.04 Total COMMUNITY LIBRARY $545,555.62 $253,391.13 46.45%$292,164.49 $51,205.55 Total CAPITAL/PARK MAINTENANCE $245,031.10 $145,757.02 59.49%$99,274.08 $20,221.47 Total CULTURE AND RECREATION $1,612,814.23 $656,600.42 40.71%$956,213.81 $128,079.32 Total OTHER OPERATING ENTITIES $745,293.00 $571,513.53 76.68%$173,779.47 $59,086.00 Total CURRENT PRINCIPAL $1,085,610.30 $723,589.00 66.65%$362,021.30 $0.00 Total CURRENT INTEREST $558,737.00 $116,694.39 20.89%$442,042.61 $0.00 Total All Funds $24,566,749.92 $12,455,097.89 50.70%$12,111,652.03 $1,821,753.59 Expenditure Report-December, 2019 General Fund Year-to-Date % Budget FY 2020 Account Budget Expenditures Expended $ (+/-)Paid December GENERAL GOVERNMENT EXP. CITY COUNCIL General Expenses $3,000.00 $3,192.21 106.41%($192.21)$1,025.00 Housing Trust $50,000.00 $50,000.00 100.00%$0.00 $50,000.00 Advertising $3,000.00 $3,391.00 113.03%($391.00)$0.00 G.B.I.C.$5,000.00 $5,000.00 100.00%$0.00 $0.00 V.L.C.T.$22,505.00 $22,505.00 100.00%$0.00 $0.00 Chamber of Commerce $3,600.00 $0.00 0.00%$3,600.00 $0.00 Social Services $15,000.00 $0.00 0.00%$15,000.00 $0.00 CCTV-Clickable Meetings $20,000.00 $20,500.00 102.50%($500.00)$0.00 Councilors $7,750.00 $7,750.00 100.00%$0.00 $7,750.00 Liquor Control $500.00 $500.00 100.00%$0.00 $500.00 Front Porch Forum $4,500.00 $4,824.00 107.20%($324.00)$0.00 Total CITY COUNCIL $134,855.00 $117,662.21 87.25%$17,192.79 $59,275.00 ADMINISTRATIVE INSURANCE Salaries $130,773.03 $59,856.87 45.77%$70,916.16 $8,873.99 Payment to Sickbank Fund $125,000.00 $0.00 0.00%$125,000.00 $0.00 EAP Services $6,000.00 $3,000.00 50.00%$3,000.00 $1,500.00 Wellness/Fitness $13,400.00 $495.96 3.70%$12,904.04 $0.00 Fringe Benefits $13,000.00 $2,064.95 15.88%$10,935.05 $350.02 FICA/Medicare $10,004.14 $4,650.09 46.48%$5,354.05 $681.00 Vision Plan $11,226.92 $7,392.10 65.84%$3,834.82 $2,027.70 Short Term Disability Pla $24,888.13 $27,302.25 109.70%($2,414.12)$9,832.96 Disability Insurance $10,965.00 $0.00 0.00%$10,965.00 $0.00 Group Health Insurance $2,197,563.00 $861,162.32 39.19%$1,336,400.68 $151,964.82 Year-to-Date % Budget FY 2020 Account Budget Expenditures Expended $ (+/-)Paid December Bank - Benefits $20,000.00 $439.00 2.20%$19,561.00 $0.00 Group Life Insurance $20,276.00 $22,282.99 109.90%($2,006.99)$8,236.98 Group Dental Insurance $117,696.02 $72,318.32 61.45%$45,377.70 $20,541.36 Pension $1,410,959.57 ($122,986.82)-8.72%$1,533,946.39 $0.00 ICMA Match $196,175.89 $87,183.10 44.44%$108,992.79 $13,133.36 Advertising $1,000.00 $1,142.30 114.23%($142.30)$113.07 Dues and Subscriptions $1,115.00 $1,320.00 118.39%($205.00)$0.00 Workers Comp Insurance $390,000.00 $171,731.62 44.03%$218,268.38 $0.00 Property Insurance $242,154.03 $143,429.38 59.23%$98,724.65 $0.00 Bonding Insurance-Officer $6,030.00 $6,030.00 100.00%$0.00 $0.00 VLCT Unemployment Insuran $15,400.00 $5,173.00 33.59%$10,227.00 $3,656.00 Deductibles/Coinsurance $10,000.00 $0.00 0.00%$10,000.00 $0.00 Hiring-required testing $1,200.00 $331.00 27.58%$869.00 $0.00 Payroll Services $26,000.00 $19,135.51 73.60%$6,864.49 $2,922.80 Contractual Services $28,200.00 $5,969.88 21.17%$22,230.12 $119.88 Travel and Training $6,000.00 $5,424.21 90.40%$575.79 $3,251.40 Total ADMINISTRATIVE INSURANCE $5,035,026.73 $1,384,848.03 27.50%$3,650,178.70 $227,205.34 CITY MANAGER City Mgr.Salaries-Perm.$364,179.21 $257,520.58 70.71%$106,658.63 $55,521.60 Leave Time Turn-In $4,900.00 $0.00 0.00%$4,900.00 $0.00 FICA/Medicare $27,859.71 $18,422.15 66.12%$9,437.56 $2,484.99 Office Supplies $3,000.00 $1,104.48 36.82%$1,895.52 $161.44 Advertising $10,000.00 $6,061.21 60.61%$3,938.79 $1,992.21 Telephone $3,100.00 $1,804.13 58.20%$1,295.87 $316.70 Postage $2,000.00 $0.00 0.00%$2,000.00 $0.00 Dues and Subscriptions $2,900.00 $3,423.54 118.05%($523.54)$1,515.60 Printing $3,000.00 $773.00 25.77%$2,227.00 $144.00 Consulting Fees $55,000.00 $9,997.39 18.18%$45,002.61 $2,020.68 Travel & Training $8,000.00 $3,299.99 41.25%$4,700.01 $22.13 Year-to-Date % Budget FY 2020 Account Budget Expenditures Expended $ (+/-)Paid December Total CITY MANAGER $483,938.92 $302,406.47 62.49%$181,532.45 $64,179.35 LEGAL, ACCOUNTING, ACTUARY FICA/Medicare $14,139.07 $41.54 0.29%$14,097.53 $0.00 Dues and Subscriptions $5,200.00 $2,448.17 47.08%$2,751.83 $586.73 Appeals/Abatements $8,000.00 $15.00 0.19%$7,985.00 $0.00 Gen Govt. Actuaries/Pensi $23,000.00 $22,250.00 96.74%$750.00 $22,250.00 Gen Govt. Audit/Accountin $28,000.00 $25,500.00 91.07%$2,500.00 $0.00 Legal/Labor/Suits $50,000.00 $13,537.68 27.08%$36,462.32 $10,350.18 Legal Costs $184,824.50 $95,700.41 51.78%$89,124.09 $15,392.80 Professional Development $2,000.00 $35.00 1.75%$1,965.00 $0.00 Total LEGAL, ACCOUNTING, ACTUARY $315,163.57 $159,527.80 50.62%$155,635.77 $48,579.71 ADMINISTRATIVE SERVICES Salaries $242,951.12 $63,749.27 26.24%$179,201.85 $0.00 FICA/Medicare $18,585.76 $4,945.17 26.61%$13,640.59 $0.00 Muni Bld Cleaning Supplie $1,500.00 $246.22 16.41%$1,253.78 $43.52 Vehicle - Maintenance $1,700.00 $1,044.58 61.45%$655.42 $651.29 Office Equipment Fees $12,000.00 $5,684.05 47.37%$6,315.95 $1,708.78 Branding and Outreach $25,000.00 $0.00 0.00%$25,000.00 $0.00 Digital Media $19,000.00 $16,821.42 88.53%$2,178.58 $0.00 Muni Bld Cleaning Service $30,000.00 $15,422.77 51.41%$14,577.23 $2,520.54 City Hall Maintenance $20,000.00 $11,630.57 58.15%$8,369.43 $8,212.67 Contingency Fund-Infrastr $140,000.00 $4,282.86 3.06%$135,717.14 $4,308.35 Energy Efficiency $40,000.00 $635.13 1.59%$39,364.87 $0.00 HVAC Maintenance $1,600.00 $3,544.50 221.53%($1,944.50)$0.00 Positive Pay Fee $800.00 $517.84 64.73%$282.16 $63.48 Archives and Digitalizati $25,000.00 $0.00 0.00%$25,000.00 $0.00 Electricity-City Hall $30,000.00 $16,825.66 56.09%$13,174.34 $5,636.09 Year-to-Date % Budget FY 2020 Account Budget Expenditures Expended $ (+/-)Paid December Utilities-City Hall $17,000.00 $4,717.26 27.75%$12,282.74 $3,309.86 Street Lights $144,000.00 $56,564.62 39.28%$87,435.38 $11,055.29 Stormwater User Rent $317,460.00 $161,444.16 50.85%$156,015.84 $80,304.48 Emergency Mgmt Center $1,000.00 $0.00 0.00%$1,000.00 $0.00 Generator Prevent Maint.$1,000.00 $0.00 0.00%$1,000.00 $0.00 Council/Board Secretary $13,000.00 $10,381.64 79.86%$2,618.36 $2,843.73 Total ADMINISTRATIVE SERVICES $1,101,596.88 $378,457.72 34.36%$723,139.16 $120,658.08 INFORMATION TECHNOLOGY IT Staff $141,507.93 $67,839.37 47.94%$73,668.56 $10,937.61 IT-Overtime $2,121.60 $53.40 2.52%$2,068.20 $0.00 FICA/Medicare $10,825.36 $5,215.67 48.18%$5,609.69 $854.64 Computer Software $26,000.00 $21,298.63 81.92%$4,701.37 $3,112.66 IT Utility Services $14,900.00 $6,262.69 42.03%$8,637.31 $1,464.11 Computer Hardware $35,500.00 $23,437.48 66.02%$12,062.52 $1,222.48 IT Service $5,000.00 $1,991.90 39.84%$3,008.10 $57.50 Total INFORMATION TECHNOLOGY $235,854.89 $126,099.14 53.46%$109,755.75 $17,649.00 CITY CLERK City Clerk Salaries-Perm.$192,228.14 $94,809.92 49.32%$97,418.22 $14,832.01 Leave Time Turn-In $3,225.53 $0.00 0.00%$3,225.53 $0.00 Overtime $300.00 $16.94 5.65%$283.06 $0.00 FICA/Medicare $14,619.91 $7,283.44 49.82%$7,336.47 $1,149.64 General Supplies $2,200.00 $1,086.42 49.38%$1,113.58 $431.64 Animal Control $5,700.00 $1,532.72 26.89%$4,167.28 $366.00 Election Expenses $7,200.00 $614.84 8.54%$6,585.16 $103.95 School Election Expenses $1,500.00 $0.00 0.00%$1,500.00 $0.00 Telephone $400.00 $101.88 25.47%$298.12 $16.94 Postage $1,200.00 ($122.85)-10.24%$1,322.85 $0.00 Year-to-Date % Budget FY 2020 Account Budget Expenditures Expended $ (+/-)Paid December Dues and Subscriptions $390.00 $315.00 80.77%$75.00 $20.00 Printing $350.00 $203.45 58.13%$146.55 $0.00 Board of Civil Authority $2,700.00 $239.50 8.87%$2,460.50 $239.50 Election Workers $2,600.00 $0.00 0.00%$2,600.00 $0.00 BCA Appeals/Abatements $500.00 $0.00 0.00%$500.00 $0.00 Office Equip Maintenance $2,000.00 $845.26 42.26%$1,154.74 $20.00 Travel & Training $3,700.00 $1,665.55 45.01%$2,034.45 $579.27 Photocopier Lease Prin $1,500.00 $744.00 49.60%$756.00 $124.00 Total CITY CLERK $242,313.58 $109,336.07 45.12%$132,977.51 $17,882.95 ASSESSING/TAX Assessing/Tax Sal.-Perm.$297,896.32 $148,975.70 50.01%$148,920.62 $23,096.78 Overtime $800.00 $566.90 70.86%$233.10 $0.00 FICA/Medicare $22,567.76 $12,163.63 53.90%$10,404.13 $1,886.92 Office Supplies $1,700.00 $2,500.01 147.06%($800.01)$1,160.78 Tax Sales Advertising $500.00 $0.00 0.00%$500.00 $0.00 Telephone $300.00 $134.42 44.81%$165.58 $22.34 Postage $6,400.00 $2,961.74 46.28%$3,438.26 $0.00 Dues and Memberships $950.00 $250.00 26.32%$700.00 $0.00 Printing $4,000.00 $3,031.95 75.80%$968.05 $0.00 NEMRC/APEX $1,400.00 $4,361.19 311.51%($2,961.19)$0.00 Travel & Training $4,000.00 $992.62 24.82%$3,007.38 $0.00 Total ASSESSING/TAX $340,514.08 $175,938.16 51.67%$164,575.92 $26,166.82 PLANNING/DESIGN REVIEW Planning Salaries-Perm.$297,273.27 $163,321.09 54.94%$133,952.18 $25,998.40 Overtime $6,300.00 $2,021.56 32.09%$4,278.44 $423.16 FICA/Medicare $21,817.44 $12,926.48 59.25%$8,890.96 $2,041.25 Office Supplies $2,500.00 $1,478.98 59.16%$1,021.02 $787.19 Year-to-Date % Budget FY 2020 Account Budget Expenditures Expended $ (+/-)Paid December Public Meeting Advertisin $3,500.00 $1,049.24 29.98%$2,450.76 $332.40 Telephone $300.00 $71.24 23.75%$228.76 $11.84 Postage $1,000.00 $0.00 0.00%$1,000.00 $0.00 Dues and Subscriptions $1,500.00 $523.00 34.87%$977.00 $0.00 Document Printing $1,500.00 $0.00 0.00%$1,500.00 $0.00 Consultants $55,000.00 $18,708.73 34.02%$36,291.27 $4,869.99 Committee Support $2,900.00 $1,069.06 36.86%$1,830.94 $176.00 Payment for GIS Services $2,500.00 $0.00 0.00%$2,500.00 $0.00 PC/DRB Stipends $9,000.00 $9,185.42 102.06%($185.42)$9,185.42 Travel & Training $5,500.00 $1,199.80 21.81%$4,300.20 $983.02 Special Projects $10,000.00 $17.02 0.17%$9,982.98 $0.00 Total PLANNING/DESIGN REVIEW $420,590.71 $211,571.62 50.30%$209,019.09 $44,808.67 OPERATING TRANSFERS OUT Ambulance Department $155,000.00 $155,000.00 100.00%$0.00 $0.00 Fuel Pump Reserve Fund $8,200.00 $8,200.00 100.00%$0.00 $0.00 Open Space Reserve Fund $285,000.00 $285,000.00 100.00%$0.00 $0.00 Total OPERATING TRANSFERS OUT $448,200.00 $448,200.00 100.00%$0.00 $0.00 Total GENERAL GOVERNMENT EXP.$8,758,054.36 $3,414,047.22 38.98%$5,344,007.14 $626,404.92 PUBLIC SAFETY FIRE DEPARTMENT Fire Salaries-Permanent $1,869,299.90 $980,825.76 52.47%$888,474.14 $171,605.06 Fire Salaries-EMT $71,813.42 $40,137.06 55.89%$31,676.36 $6,817.39 Holiday Pay $190,344.00 $204,232.88 107.30%($13,888.88)$51,383.55 Fair Labor Standard O/T $141,804.23 $217.49 0.15%$141,586.74 $0.00 F/D Overtime - Fill-In $173,000.00 $101,594.73 58.73%$71,405.27 $19,214.71 F/D Overtime - Training $38,500.00 $41,052.61 106.63%($2,552.61)$13,518.54 Year-to-Date % Budget FY 2020 Account Budget Expenditures Expended $ (+/-)Paid December F/D Overtime - Emerg Call $11,500.00 $2,494.12 21.69%$9,005.88 $262.50 Wellness/Fitness $13,000.00 $2,886.55 22.20%$10,113.45 $0.00 Fire-Off Duty Outside Emp $1,000.00 $1,050.00 105.00%($50.00)$0.00 New Employee Training $10,000.00 $0.00 0.00%$10,000.00 $0.00 FICA/Medicare $203,952.77 $108,344.60 53.12%$95,608.17 $22,867.05 Office Supplies $2,000.00 $585.54 29.28%$1,414.46 $111.47 REHAB Supplies $300.00 $0.00 0.00%$300.00 $0.00 Station Operating Supply $3,000.00 $98.84 3.29%$2,901.16 $0.00 Maintenance Tools $350.00 $82.95 23.70%$267.05 $73.41 Uniforms-Career $32,500.00 $16,401.87 50.47%$16,098.13 $508.00 Firefighting Clothing $36,800.00 $24,312.46 66.07%$12,487.54 $4,271.99 Vehicle Tools $1,000.00 $0.00 0.00%$1,000.00 $0.00 Gas Chief's vehicle & rei $2,500.00 $1,089.68 43.59%$1,410.32 $197.57 Diesel Fuel $18,000.00 $8,551.92 47.51%$9,448.08 $1,248.62 Oil $600.00 $0.00 0.00%$600.00 $0.00 Films and Books $1,000.00 $0.00 0.00%$1,000.00 $0.00 Fire Prevention Materials $1,500.00 $279.64 18.64%$1,220.36 $260.65 Fire Extinguishers $600.00 $0.00 0.00%$600.00 $0.00 Airpacks Maintenance $10,000.00 $927.70 9.28%$9,072.30 $0.00 Telephone $12,000.00 $6,007.86 50.07%$5,992.14 $1,285.53 Postage-Tool Shipping $450.00 $6.59 1.46%$443.41 $0.00 Dues and Subscriptions $1,700.00 $2,498.63 146.98%($798.63)$85.00 Contractural Services $4,500.00 $3,400.00 75.56%$1,100.00 $3,400.00 Fire Station Maintenance $25,000.00 $27,370.14 109.48%($2,370.14)$3,795.86 Laundry and Bedding $1,200.00 $0.00 0.00%$1,200.00 $0.00 Radio Repair $2,000.00 $447.50 22.38%$1,552.50 $0.00 Vehicle Maintenance $18,000.00 $10,313.43 57.30%$7,686.57 $907.95 Vehicle Repair $30,000.00 $9,964.00 33.21%$20,036.00 $745.60 Equipment R & M $8,500.00 $7,375.12 86.77%$1,124.88 $47.08 Truck Tires $10,000.00 $576.00 5.76%$9,424.00 $576.00 Computers Contract ACS $4,500.00 $6,115.59 135.90%($1,615.59)$20.00 Year-to-Date % Budget FY 2020 Account Budget Expenditures Expended $ (+/-)Paid December Conferences $1,000.00 $0.00 0.00%$1,000.00 $0.00 Training Schools $6,500.00 $11,502.88 176.97%($5,002.88)$1,210.49 Training Equipment $1,200.00 $0.00 0.00%$1,200.00 $0.00 Recruiting & Testing $4,000.00 $2,672.29 66.81%$1,327.71 $0.00 Fire Station #2 Heat/Elec $20,000.00 $7,934.55 39.67%$12,065.45 $2,655.15 Fire Safety Equipment $32,000.00 $569.04 1.78%$31,430.96 $245.00 F/D Furniture/Equipment $67,000.00 $0.00 0.00%$67,000.00 $0.00 Firefighting Equipment-ho $5,200.00 $194.40 3.74%$5,005.60 $194.40 Capital Leases Prin $500.00 $0.00 0.00%$500.00 $0.00 Total FIRE DEPARTMENT $3,089,614.32 $1,632,114.42 52.83%$1,457,499.90 $307,508.57 ELECTRICAL INSPECTIONS Uniforms-Electrical Insp $500.00 $277.93 55.59%$222.07 $149.56 Vehicle-Gas and Repairs $9,600.00 $8,853.56 92.22%$746.44 $65.09 Dues and Subscriptions $250.00 $0.00 0.00%$250.00 $0.00 Training Schools-Electric $250.00 $0.00 0.00%$250.00 $0.00 Equipment Purchase $250.00 $0.00 0.00%$250.00 $0.00 Total ELECTRICAL INSPECTIONS $10,850.00 $9,131.49 84.16%$1,718.51 $214.65 AMBULANCE Office Supplies $2,000.00 $0.00 0.00%$2,000.00 $0.00 Medical Supplies-Disposab $49,000.00 $1,236.51 2.52%$47,763.49 $975.18 Medical Supplies-Oxygen $3,000.00 $1,183.07 39.44%$1,816.93 $257.33 Medical Equipment Replace $7,500.00 $17,973.49 239.65%($10,473.49)$1,609.54 Uniforms-Career $7,000.00 $595.00 8.50%$6,405.00 $0.00 Diesel Fuel $6,500.00 $2,725.65 41.93%$3,774.35 $461.96 Training Films and Books $300.00 $0.00 0.00%$300.00 $0.00 Telephone $7,000.00 $3,620.50 51.72%$3,379.50 $866.67 Billing Postage $1,500.00 $0.00 0.00%$1,500.00 $0.00 Year-to-Date % Budget FY 2020 Account Budget Expenditures Expended $ (+/-)Paid December Dues & Subscriptions $500.00 $0.00 0.00%$500.00 $0.00 Radio Repair $1,000.00 $0.00 0.00%$1,000.00 $0.00 Vehicle Maintenance $3,000.00 $0.00 0.00%$3,000.00 $0.00 Vehicle Repair $3,000.00 $0.00 0.00%$3,000.00 $0.00 Equipment R&M $1,250.00 $0.00 0.00%$1,250.00 $0.00 Office Equip Maintenance $500.00 $192.11 38.42%$307.89 $0.00 Billing Software/Upgrades $4,000.00 $0.00 0.00%$4,000.00 $0.00 Med Equipment Maintenance $1,200.00 $0.00 0.00%$1,200.00 $0.00 Training Programs $8,000.00 $2,062.50 25.78%$5,937.50 $112.50 Training Equipment $500.00 $0.00 0.00%$500.00 $0.00 To Reserve Fund-Training $10,000.00 $0.00 0.00%$10,000.00 $0.00 EMS Patient Care Discript $35,000.00 $1,684.95 4.81%$33,315.05 $1,684.95 Total AMBULANCE $151,750.00 $31,273.78 20.61%$120,476.22 $5,968.13 POLICE DEPARTMENT Police Salaries-Permanent $3,283,357.67 $1,479,067.71 45.05%$1,804,289.96 $234,964.67 Police Salaries-Overtime $298,000.00 $228,435.08 76.66%$69,564.92 $27,998.13 Holiday Pay $168,710.88 $102,014.19 60.47%$66,696.69 $21,405.27 Automatic Corporal $0.00 $20,074.14 100.00%($20,074.14)$0.00 Shift Differential $52,750.69 $24,894.53 47.19%$27,856.16 $3,835.00 Off-Duty Police Salary $10,000.00 $3,611.25 36.11%$6,388.75 $1,035.00 Fitness $10,000.00 $7,475.00 74.75%$2,525.00 $0.00 FICA/Medicare $278,321.17 $142,050.32 51.04%$136,270.85 $22,005.02 Office Supplies $10,500.00 $6,090.95 58.01%$4,409.05 $1,344.82 Range Supplies $13,000.00 $12,501.99 96.17%$498.01 $1,653.00 Radio Equipment-Supplies $300.00 $0.00 0.00%$300.00 $0.00 Investigative Supplies $8,120.00 $4,434.33 54.61%$3,685.67 $324.14 Youth Services Supplies $5,000.00 $111.05 2.22%$4,888.95 $0.00 Traffic Unit Supplies $2,000.00 $2,475.00 123.75%($475.00)$0.00 K-9 Supplies $4,000.00 $205.76 5.14%$3,794.24 $233.93 Year-to-Date % Budget FY 2020 Account Budget Expenditures Expended $ (+/-)Paid December Janitorial Supplies $3,200.00 $960.20 30.01%$2,239.80 $0.00 Uniform Supplies $38,500.00 $22,387.44 58.15%$16,112.56 $3,807.38 Tires $9,800.00 $10,174.08 103.82%($374.08)$2,953.92 Gas and Oil $60,000.00 $22,896.61 38.16%$37,103.39 $4,617.49 Community Outreach $44,000.00 $21,215.00 48.22%$22,785.00 $0.00 Telephone $30,000.00 $21,009.52 70.03%$8,990.48 $6,090.24 Postage $2,200.00 $1,267.66 57.62%$932.34 $648.12 Dues and Subscriptions $2,000.00 $1,855.00 92.75%$145.00 $390.00 Towing Services $1,000.00 $75.00 7.50%$925.00 $0.00 Crime Prevention Supplies $2,000.00 $375.00 18.75%$1,625.00 $375.00 Building Maintenance $15,000.00 $5,286.17 35.24%$9,713.83 $4,991.17 3rd Floor Lease $183,826.41 $12,237.88 6.66%$171,588.53 $4,569.04 Uniform Cleaning $15,000.00 $5,458.20 36.39%$9,541.80 $990.65 Office Equip. Contract $6,000.00 $832.36 13.87%$5,167.64 $20.00 Generator Prevent Maint $800.00 $0.00 0.00%$800.00 $0.00 Radio Equip. Maintenance $2,000.00 $2,168.50 108.43%($168.50)$0.00 Vehicle Repair $55,000.00 $37,045.06 67.35%$17,954.94 $17,643.21 Computer Connections Syst $8,800.00 $5,415.00 61.53%$3,385.00 $0.00 Equipment Maintenance $2,000.00 $0.00 0.00%$2,000.00 $0.00 Records Management System $11,000.00 $10,150.00 92.27%$850.00 $0.00 Consulting Services $26,300.00 $17,899.36 68.06%$8,400.64 $3,152.80 Animal Control Contracts $25,500.00 $11,304.08 44.33%$14,195.92 $4,523.26 Conferences $6,000.00 $5,697.68 94.96%$302.32 $125.00 In-Service Training $32,500.00 $25,576.91 78.70%$6,923.09 $2,198.57 Recruiting & Testing $3,700.00 $200.00 5.41%$3,500.00 $150.00 Electric-Police Dept.$60,000.00 $28,997.09 48.33%$31,002.91 $8,502.48 Heat/Hot Water $5,500.00 $874.39 15.90%$4,625.61 $486.48 Radio Installation Utilit $500.00 $0.00 0.00%$500.00 $0.00 Building Common Area Fees $65,000.00 $33,287.43 51.21%$31,712.57 $7,877.87 Cleaning/Building Service $35,000.00 $16,212.75 46.32%$18,787.25 $2,695.00 Vehicles and Equipment $108,000.00 $125,185.10 115.91%($17,185.10)$27,118.71 Year-to-Date % Budget FY 2020 Account Budget Expenditures Expended $ (+/-)Paid December Vehicle Equipment $5,000.00 $5,270.00 105.40%($270.00)$0.00 Office Equipment $5,000.00 $1,216.86 24.34%$3,783.14 $405.62 Taser Replacement $3,500.00 $0.00 0.00%$3,500.00 $0.00 Police Computerization $89,000.00 $28,621.36 32.16%$60,378.64 $4,173.58 Total POLICE DEPARTMENT $5,106,686.82 $2,514,592.99 49.24%$2,592,093.83 $423,304.57 Total PUBLIC SAFETY $8,358,901.14 $4,187,112.68 50.09%$4,171,788.46 $736,995.92 OPERATING TRANSFERS OUT To undesignated reserve f $21,000.00 ($3,426.27)-16.32%$24,426.27 ($584.58) To Capital Improvements $860,000.00 $860,000.00 100.00%$0.00 $0.00 Total OPERATING TRANSFERS OUT $881,000.00 $856,573.73 97.23%$24,426.27 ($584.58) STREETS & HIGHWAYS HIGHWAY DEPARTMENT Highway Salaries-Perm.$722,351.53 $462,167.77 63.98%$260,183.76 $109,916.54 Highway Salaries-Overtime $31,000.00 $19,702.01 63.55%$11,297.99 $3,365.42 FICA/Medicare $56,788.36 $35,839.39 63.11%$20,948.97 $6,093.18 Office Supplies $2,000.00 $1,123.20 56.16%$876.80 $520.47 Traffic Light Supplies $30,000.00 $22,472.09 74.91%$7,527.91 $755.57 Sign Supplies $7,500.00 $5,546.94 73.96%$1,953.06 $2,033.68 City Highways Material $35,000.00 $14,169.55 40.48%$20,830.45 $7,850.23 Road Striping $20,000.00 $24,049.69 120.25%($4,049.69)$50.11 Winter Salt $120,000.00 $76,645.15 63.87%$43,354.85 $52,928.69 Winter Sand $300.00 $0.00 0.00%$300.00 $0.00 Winter Liquid Deicer Addi $14,000.00 $5,334.48 38.10%$8,665.52 $5,334.48 Building Supplies $1,400.00 $146.60 10.47%$1,253.40 $0.00 Uniforms $20,000.00 $13,835.06 69.18%$6,164.94 $3,297.50 Vehicle Repair Parts $75,000.00 $50,503.59 67.34%$24,496.41 $4,261.51 Year-to-Date % Budget FY 2020 Account Budget Expenditures Expended $ (+/-)Paid December School Bus Parts $35,000.00 $31,508.91 90.03%$3,491.09 $4,722.43 Gasoline $20,000.00 $18,362.16 91.81%$1,637.84 $11,785.26 Oil $6,000.00 $1,948.61 32.48%$4,051.39 $1,456.67 Diesel Fuel $32,000.00 ($1,211.01)-3.78%$33,211.01 $12,929.66 Diesel/Gasoline Non City $125,000.00 $63,574.00 50.86%$61,426.00 $12,778.92 Fuel Station Maintenance $1,500.00 $207.00 13.80%$1,293.00 $0.00 Telephone/Internet $7,000.00 $2,862.12 40.89%$4,137.88 $522.94 Building Maintenance $71,000.00 $15,049.30 21.20%$55,950.70 $3,257.21 HVAC Maintenance $4,500.00 $1,442.66 32.06%$3,057.34 $1,112.30 Generator Prevent Maint $2,500.00 $0.00 0.00%$2,500.00 $0.00 Tree Care $58,500.00 $6,434.61 11.00%$52,065.39 $2,000.00 Consulting Services $20,000.00 $15,145.19 75.73%$4,854.81 $2,338.64 Equipment Rental/Purchase $1,500.00 $2,163.44 144.23%($663.44)$240.00 Office Equipment Maintnce $1,500.00 $723.75 48.25%$776.25 $121.18 Travel & Training $9,000.00 $2,532.28 28.14%$6,467.72 $1,100.00 Utilities - Garage $18,000.00 $6,063.02 33.68%$11,936.98 $1,111.07 Utilities-Garage Heat $13,000.00 $3,759.88 28.92%$9,240.12 $3,119.58 Traffic Lights $20,000.00 $7,512.93 37.56%$12,487.07 $1,618.23 Vehicle Replacement $195,000.00 $167,846.31 86.08%$27,153.69 $12,033.00 Highway Paving $625,000.00 $841,715.47 134.67%($216,715.47)$3,117.54 Curbs and Sidewalks $5,000.00 $103.98 2.08%$4,896.02 $0.00 Facilities Stewardship $75,000.00 $9,686.79 12.92%$65,313.21 $0.00 Spc Prjcts/C Beautifictn $85,000.00 $0.00 0.00%$85,000.00 $0.00 Total HIGHWAY DEPARTMENT $2,566,339.89 $1,928,966.92 75.16%$637,372.97 $271,772.01 Total STREETS & HIGHWAYS $2,566,339.89 $1,928,966.92 75.16%$637,372.97 $271,772.01 CULTURE AND RECREATION RECREATION ADMINISTRATION Rec.Admin.Salaries-Perm.$258,687.89 $135,519.83 52.39%$123,168.06 $20,499.10 Year-to-Date % Budget FY 2020 Account Budget Expenditures Expended $ (+/-)Paid December FICA/Medicare $19,789.62 $10,072.54 50.90%$9,717.08 $1,567.14 Office Supplies $3,300.00 $741.98 22.48%$2,558.02 $51.55 Advertising $0.00 $0.00 0.00%$0.00 ($33.74) Telephone $2,000.00 $444.55 22.23%$1,555.45 $80.64 Postage $350.00 $0.00 0.00%$350.00 $0.00 Dues and Subscriptions $1,700.00 $1,454.00 85.53%$246.00 $384.00 Printing $16,000.00 $4,572.00 28.58%$11,428.00 $4,500.00 Software/Printer Contract $5,850.00 $4,612.00 78.84%$1,238.00 $4,592.00 Travel & Training $5,000.00 $1,012.62 20.25%$3,987.38 $100.00 Lease Printer and Copier $3,600.00 $1,450.30 40.29%$2,149.70 $290.06 Total RECREATION ADMINISTRATION $316,277.51 $159,879.82 50.55%$156,397.69 $32,030.75 PROGRAMS General Supplies $11,000.00 $2,575.32 23.41%$8,424.68 $922.84 Advertising $5,000.00 $3,862.00 77.24%$1,138.00 $401.74 Special Events $11,000.00 $8,420.91 76.55%$2,579.09 $2,048.49 School Use $3,000.00 $0.00 0.00%$3,000.00 $0.00 Total PROGRAMS $30,000.00 $14,858.23 49.53%$15,141.77 $3,373.07 RED ROCKS PARK Red Rocks Park Salaries $6,100.00 $5,437.67 89.14%$662.33 $0.00 General Supplies $1,500.00 $137.74 9.18%$1,362.26 $0.00 Clothing $200.00 $0.00 0.00%$200.00 $0.00 Telephone $250.00 $0.00 0.00%$250.00 $0.00 Utilities $400.00 $148.56 37.14%$251.44 $36.99 Total RED ROCKS PARK $8,450.00 $5,723.97 67.74%$2,726.03 $36.99 FACILITIES Year-to-Date % Budget FY 2020 Account Budget Expenditures Expended $ (+/-)Paid December Park Salaries $3,000.00 $0.00 0.00%$3,000.00 $0.00 Supplies $9,500.00 $1,007.92 10.61%$8,492.08 $0.00 Vehicle Maintenance $3,500.00 $538.72 15.39%$2,961.28 $25.10 Fuel-Gas $1,500.00 $447.55 29.84%$1,052.45 $267.06 Facilities Maintenance $2,500.00 $1,006.90 40.28%$1,493.10 $400.00 Port-O-Lets $4,600.00 $4,270.00 92.83%$330.00 ($110.00) Recreation Path materials $500.00 $0.00 0.00%$500.00 $0.00 Electric-Jaycee Park $1,600.00 $1,197.05 74.82%$402.95 $322.94 Electric-Dorset Park $2,500.00 $1,120.69 44.83%$1,379.31 $200.76 Electric-Overlook Park $300.00 $123.24 41.08%$176.76 $56.92 Electric-Tennis Courts $300.00 $124.85 41.62%$175.15 $20.67 Facilities Improvements $32,500.00 $1,267.43 3.90%$31,232.57 $0.00 Capital Items $265,000.00 $0.00 0.00%$265,000.00 $0.00 Total FACILITIES $327,300.00 $11,104.35 3.39%$316,195.65 $1,183.45 SPECIAL ACTIVITIES Senior Club Contract $0.00 $492.00 100.00%($492.00)$0.00 Adult Programs $23,000.00 $6,464.34 28.11%$16,535.66 $1,295.99 Swim Lessons-Sport/Fit Ed $3,000.00 $630.00 21.00%$2,370.00 $630.00 Youth Programs $30,000.00 $6,781.96 22.61%$23,218.04 $0.00 Driver's Education $33,000.00 $12,275.00 37.20%$20,725.00 $13,000.00 VRPA Discount $9,600.00 $8,328.00 86.75%$1,272.00 $0.00 Ski Programs $11,000.00 $5,010.00 45.55%$5,990.00 $5,010.00 Chorus Director $4,000.00 $2,000.00 50.00%$2,000.00 $0.00 SoBu Night Out $25,000.00 $23,350.82 93.40%$1,649.18 $0.00 Telephone $1,600.00 $553.78 34.61%$1,046.22 $92.05 Total SPECIAL ACTIVITIES $140,200.00 $65,885.90 46.99%$74,314.10 $20,028.04 COMMUNITY LIBRARY Year-to-Date % Budget FY 2020 Account Budget Expenditures Expended $ (+/-)Paid December Library Salaries $357,706.10 $160,088.78 44.75%$197,617.32 $26,432.49 FICA/Medicare $27,364.52 $12,870.22 47.03%$14,494.30 $2,098.75 Library Supplies $5,800.00 $2,190.82 37.77%$3,609.18 $731.01 Books - Adult $18,000.00 $8,503.27 47.24%$9,496.73 $2,096.90 Books - Children $9,000.00 $5,497.36 61.08%$3,502.64 $2,298.70 DVDs/CDs-Adult $6,000.00 $2,726.19 45.44%$3,273.81 $508.52 DVDs/CDs-Children $2,000.00 $557.32 27.87%$1,442.68 $254.60 Program Supplies-Arts/Cra $2,300.00 $998.85 43.43%$1,301.15 $76.21 Young Adult/Graphic Nov $2,500.00 $1,804.59 72.18%$695.41 $539.98 Bookmobile Maintenance $500.00 $0.00 0.00%$500.00 $0.00 Postage $1,400.00 $618.22 44.16%$781.78 $24.97 Inter-Library Delivery $1,700.00 $630.00 37.06%$1,070.00 $255.00 Dues and Subscriptions $2,600.00 $220.57 8.48%$2,379.43 $33.00 Online & Print Subscripti $14,500.00 $10,852.20 74.84%$3,647.80 $5,010.91 Community Programs $6,150.00 $2,032.79 33.05%$4,117.21 $213.96 Custodial Services $16,335.00 $8,088.34 49.52%$8,246.66 $1,359.51 Repair/Maintenance Librar $16,000.00 $6,412.56 40.08%$9,587.44 $1,369.80 Building Lease $45,000.00 $26,950.00 59.89%$18,050.00 $7,700.00 Computer Software $200.00 $0.00 0.00%$200.00 $0.00 Computer Hardware $1,000.00 $22.47 2.25%$977.53 $0.00 Travel & Training $1,500.00 $1,013.44 67.56%$486.56 $0.00 Library Equipment $2,000.00 $0.00 0.00%$2,000.00 $0.00 Computer Program Fees $3,600.00 $379.20 10.53%$3,220.80 $0.00 C/L Photocopier Lease Pri $2,400.00 $933.94 38.91%$1,466.06 $201.24 Total COMMUNITY LIBRARY $545,555.62 $253,391.13 46.45%$292,164.49 $51,205.55 CAPITAL/PARK MAINTENANCE Park Maint.Salaries-Perm.$199,555.30 $121,960.38 61.12%$77,594.92 $15,384.93 Park Maint.Sal.-Overtime $0.00 $3,092.53 100.00%($3,092.53)$37.83 FICA/Medicare $15,175.80 $9,672.66 63.74%$5,503.14 $1,201.46 Year-to-Date % Budget FY 2020 Account Budget Expenditures Expended $ (+/-)Paid December Park Supplies $30,000.00 $9,107.29 30.36%$20,892.71 $2,823.86 Cemetery Supplies $300.00 $0.00 0.00%$300.00 $0.00 Uniforms $0.00 $0.00 0.00%$0.00 ($135.07) Homestead at Wheeler Park $0.00 $1,924.16 100.00%($1,924.16)$908.46 Total CAPITAL/PARK MAINTENANCE $245,031.10 $145,757.02 59.49%$99,274.08 $20,221.47 Total CULTURE AND RECREATION $1,612,814.23 $656,600.42 40.71%$956,213.81 $128,079.32 OTHER OPERATING ENTITIES County Court $146,000.00 $140,350.86 96.13%$5,649.14 $0.00 Winooski Valley Park $59,086.00 $59,086.00 100.00%$0.00 $59,086.00 C.C.T.A.$504,403.00 $336,272.67 66.67%$168,130.33 $0.00 Regional Planning $35,804.00 $35,804.00 100.00%$0.00 $0.00 Total OTHER OPERATING ENTITIES $745,293.00 $571,513.53 76.68%$173,779.47 $59,086.00 Total OTHER ENTITIES $745,293.00 $571,513.53 76.68%$173,779.47 $59,086.00 CURRENT PRINCIPAL, BONDS Public Works Facility $98,550.00 $98,568.00 100.02%($18.00)$0.00 Kennedy Dr Reconstrction $22,493.70 $22,508.00 100.06%($14.30)$0.00 Lime Kiln Bridge $22,494.00 $22,508.00 100.06%($14.00)$0.00 PENSION LIABILITY-PRINCIP $362,081.00 $0.00 0.00%$362,081.00 $0.00 F/D Building Improvements $29,991.60 $30,005.00 100.04%($13.40)$0.00 Police Headquarters $360,000.00 $360,000.00 100.00%$0.00 $0.00 Communication Equip-CB $190,000.00 $190,000.00 100.00%$0.00 $0.00 Total CURRENT PRINCIPAL, BONDS $1,085,610.30 $723,589.00 66.65%$362,021.30 $0.00 CURRENT INTEREST, BONDS Year-to-Date % Budget FY 2020 Account Budget Expenditures Expended $ (+/-)Paid December Public Works Facility $8,335.00 ($17,487.27)-209.81%$25,822.27 $0.00 Kennedy Dr Recnstrction $6,080.00 $1,836.22 30.20%$4,243.78 $0.00 Lime Kiln Bridge $6,080.00 $1,836.22 30.20%$4,243.78 $0.00 PENSION LIABILITY-INTERES $298,867.00 $0.00 0.00%$298,867.00 $0.00 Sewer Note-Solar Array $12,004.00 $0.00 0.00%$12,004.00 $0.00 F/D Building Improvements $8,153.00 $2,447.83 30.02%$5,705.17 $0.00 Police Headquarters $189,882.00 $98,424.00 51.83%$91,458.00 $0.00 Communication Equip-CB $29,336.00 $29,637.39 101.03%($301.39)$0.00 Total CURRENT INTEREST, BONDS $558,737.00 $116,694.39 20.89%$442,042.61 $0.00 Total GENERAL FUND $24,566,749.92 $12,455,097.89 50.70%$12,111,652.03 $1,821,753.59 Total All Funds $24,566,749.92 $12,455,097.89 50.70%$12,111,652.03 $1,821,753.59 Expenditure Report-December, 2019 Sewer Fund Year-to-Date % Budget FY 2020 Account Budget Expenditures Expended $ (+/-)Paid December W/POLLUTION CONTROL EXPS. Salaries-Permanent $524,356.83 $213,091.33 40.64%$311,265.50 $34,722.21 Payment to Highway-wages $280,454.00 $285,888.35 101.94%($5,434.35)$876.88 Leave Time Turn-In $7,446.05 $0.00 0.00%$7,446.05 $0.00 Salaries-Overtime $38,000.00 $52,891.97 139.19%($14,891.97)$5,342.13 Payment to Sick Bank Fund $5,000.00 $0.00 0.00%$5,000.00 $0.00 Payroll Svc & Testing to $700.00 $700.00 100.00%$0.00 $0.00 PAFO Certification $13,800.00 $0.00 0.00%$13,800.00 $0.00 Sick Bank Payouts $10,000.00 $0.00 0.00%$10,000.00 $0.00 FICA/Medicare $41,685.37 $20,845.52 50.01%$20,839.85 $3,144.30 Payment to Highway-FICA/M $22,944.00 $22,944.00 100.00%$0.00 $0.00 Vision Plan $960.12 $416.40 43.37%$543.72 $121.68 Disability Income $258.23 $2,619.09 1014.25%($2,360.86)$853.96 Long Term Disability Insu $3,117.50 $0.00 0.00%$3,117.50 $0.00 Group Health Insurance $141,773.87 $94,931.40 66.96%$46,842.47 $15,821.90 Benefit Reimbursed to Hig $97,768.75 $97,768.75 100.00%$0.00 $0.00 Group Life Insurance $1,328.81 $820.70 61.76%$508.11 $264.48 Group Dental Insurance $8,492.16 $3,885.48 45.75%$4,606.68 $1,120.78 Pension $58,551.53 $33,926.08 57.94%$24,625.45 $0.00 ICMA Match $22,305.70 $8,488.91 38.06%$13,816.79 $1,285.76 Pension Payment to Highwa $106,897.50 $106,897.50 100.00%$0.00 $0.00 Pension Note Payment $38,675.00 $0.00 0.00%$38,675.00 $0.00 Office Supplies $1,250.00 $715.73 57.26%$534.27 $696.94 Plant Supplies $87,500.00 $54,475.87 62.26%$33,024.13 $22,246.75 Polymer $72,500.00 $28,773.00 39.69%$43,727.00 $9,591.00 Sewer Line Maint/Supplies $22,500.00 $25,699.67 114.22%($3,199.67)$19,007.04 Pumping Station Supplies $23,000.00 $19,204.90 83.50%$3,795.10 $6,306.60 Year-to-Date % Budget FY 2020 Account Budget Expenditures Expended $ (+/-)Paid December Laboratory Supplies $11,500.00 $10,487.18 91.19%$1,012.82 $941.49 Caustic Soda and Lime $75,000.00 $51,362.06 68.48%$23,637.94 $15,751.35 Alum $87,500.00 $68,895.78 78.74%$18,604.22 $21,187.35 Water-Airport-B/B-Pump $1,400.00 $691.34 49.38%$708.66 $223.31 Generator Preventive Main $7,500.00 $1,300.04 17.33%$6,199.96 $0.00 Clothing Supplies $3,750.00 $2,979.13 79.44%$770.87 $563.38 Truck Parts $6,500.00 $5,653.68 86.98%$846.32 $3,507.39 Gas - Diesel Fuel - Oil $10,000.00 $6,110.33 61.10%$3,889.67 $1,202.01 Fuel - Airport Parkway $57,000.00 $19,355.42 33.96%$37,644.58 $9,643.07 Fuel - Bartlett Bay $5,500.00 $1,377.82 25.05%$4,122.18 $1,209.94 Telephone and Alarms $5,000.00 $3,180.54 63.61%$1,819.46 $1,183.17 Postage $50.00 $0.00 0.00%$50.00 $0.00 Memberships/Dues $500.00 $100.00 20.00%$400.00 $0.00 Discharge Permits $15,000.00 $5,950.00 39.67%$9,050.00 $0.00 Workers Comp Insurance $15,000.00 $30,783.37 205.22%($15,783.37)$0.00 Property Insurance $41,000.00 $11,895.26 29.01%$29,104.74 $0.00 Safety $7,500.00 $14,105.87 188.08%($6,605.87)$10,059.34 Billing Payment to CWD $45,000.00 $24,825.00 55.17%$20,175.00 $24,825.00 Soil/Sludge Management $125,000.00 $55,992.10 44.79%$69,007.90 $14,198.06 Landfill Fees $2,500.00 $0.00 0.00%$2,500.00 $0.00 HVAC Maintenance $15,000.00 $27,515.32 183.44%($12,515.32)$8,490.44 Auditing $6,214.00 $6,214.00 100.00%$0.00 $0.00 Engineering/Consulting $25,000.00 $18,519.13 74.08%$6,480.87 $6,493.83 Landfill Engineering $15,000.00 $7,110.33 47.40%$7,889.67 $6,184.90 PMT TO STORMWATER-GIS $4,000.00 $0.00 0.00%$4,000.00 $0.00 Office Equipment Contract $500.00 $0.00 0.00%$500.00 $0.00 Wireless Communication $0.00 $207.50 100.00%($207.50)$0.00 Administrative Services $150,336.00 $150,336.00 100.00%$0.00 $0.00 IT Service $0.00 $405.08 100.00%($405.08)$0.00 Travel & Training $7,000.00 $565.00 8.07%$6,435.00 $30.00 Utilities-Pumping Station $75,000.00 $37,327.35 49.77%$37,672.65 $11,767.31 Year-to-Date % Budget FY 2020 Account Budget Expenditures Expended $ (+/-)Paid December Utilities--L/Fill Station $3,000.00 $0.00 0.00%$3,000.00 $0.00 Electric-Airport Parkway $180,000.00 $95,493.06 53.05%$84,506.94 $35,213.20 Electric-Bartlett Bay $100,000.00 $67,241.37 67.24%$32,758.63 $23,737.95 Replacement-Vehicles $90,000.00 $0.00 0.00%$90,000.00 $0.00 Building Improvements $5,000.00 $289.23 5.78%$4,710.77 $122.00 Pumps Replacements $60,000.00 $54,791.20 91.32%$5,208.80 $0.00 Pump Repairs $40,000.00 $26,156.28 65.39%$13,843.72 $1,280.00 Bartlett Bay Upgrades $100,000.00 $33,811.64 33.81%$66,188.36 $11,254.14 Hadley Sewer Project $225,000.00 $0.00 0.00%$225,000.00 $0.00 Loan for Airport Parkway $1,272,059.74 $0.00 0.00%$1,272,059.74 $0.00 Bartlett Bay Bond Replace $245,000.00 $0.00 0.00%$245,000.00 $0.00 Scope BTV/SB Sewer $0.00 $493,164.20 100.00%($493,164.20)$1,791.09 Total W/POLLUTION CONTROL EXPS.$4,771,575.16 $2,409,176.26 50.49%$2,362,398.90 $332,262.13 Total ENTERPRISE FUND/W.P.C.$4,771,575.16 $2,409,176.26 50.49%$2,362,398.90 $332,262.13 Total All Funds $4,771,575.16 $2,409,176.26 50.49%$2,362,398.90 $332,262.13 Expenditure Report-December, 2019 General Fund Year-to-Date % Budget FY 2020 Account Budget Expenditures Expended $ (+/-)Paid December S/WATER UTILITIES EXPS Salaries-Permanent $542,664.29 $250,460.69 46.15%$292,203.60 $39,205.13 Salaries-Overtime $12,000.00 $9,933.76 82.78%$2,066.24 $1,590.30 Payroll Svc & Testing to $880.00 $480.00 54.55%$400.00 $0.00 FICA/Medicare $41,422.30 $21,008.76 50.72%$20,413.54 $3,312.26 Vision Plan $760.33 $307.93 40.50%$452.40 $87.98 Disability Income Insuran $1,488.41 $3,253.08 218.56%($1,764.67)$1,099.50 Group Health Insurance $123,501.87 $66,018.36 53.46%$57,483.51 $11,199.24 Reimburse to Highway Bene $10,429.00 $10,429.00 100.00%$0.00 $0.00 Health Insurance FICA $1,259.96 $0.00 0.00%$1,259.96 $0.00 Group Life Insurance $1,336.62 $959.44 71.78%$377.18 $321.84 Group Dental Insurance $6,287.85 $2,875.28 45.73%$3,412.57 $863.38 Pension $78,363.57 $0.00 0.00%$78,363.57 $0.00 ICMA Match $27,390.90 $12,255.47 44.74%$15,135.43 $1,952.34 Pension Note Payment $26,510.00 $0.00 0.00%$26,510.00 $0.00 Office Supplies $1,750.00 $0.00 0.00%$1,750.00 $0.00 Small Equipment/Tools $2,800.00 $1,500.59 53.59%$1,299.41 $176.32 Uniforms/Supplies $7,500.00 $3,583.45 47.78%$3,916.55 $1,222.59 Vehicle Parts $0.00 $14.85 100.00%($14.85)$14.85 Gasoline $2,500.00 $1,344.41 53.78%$1,155.59 $291.70 Oil $300.00 $81.07 27.02%$218.93 $1.62 Diesel Fuel $5,200.00 $2,309.94 44.42%$2,890.06 $460.69 Permit Requirement-Educat $10,000.00 $6,000.00 60.00%$4,000.00 $0.00 Telephone $2,300.00 $938.72 40.81%$1,361.28 $166.25 Postage $125.00 $0.00 0.00%$125.00 $0.00 Membership/Dues $300.00 $0.00 0.00%$300.00 $0.00 Discharge Permits Renewal $24,000.00 $14,776.00 61.57%$9,224.00 $0.00 Year-to-Date % Budget FY 2020 Account Budget Expenditures Expended $ (+/-)Paid December Workers Comp Insurance $19,000.00 $9,181.01 48.32%$9,818.99 $0.00 Property Insurance $13,000.00 $3,251.36 25.01%$9,748.64 $0.00 Unemployment Insurance $2,000.00 $0.00 0.00%$2,000.00 $0.00 GIS-Fees/Software $38,000.00 $39,045.78 102.75%($1,045.78)$2,800.00 Sediment & Depris Disposa $650.00 $0.00 0.00%$650.00 $0.00 Water Quality Monitoring $35,000.00 $17,383.00 49.67%$17,617.00 $0.00 Building/Grounds Maint $1,000.00 $0.00 0.00%$1,000.00 $0.00 Vehicle Maintenance $6,000.00 $2,528.36 42.14%$3,471.64 $929.31 Storm System Maint Materi $45,000.00 $26,056.45 57.90%$18,943.55 $4,295.89 Printing $100.00 $50.16 50.16%$49.84 $0.00 Legal Services $5,000.00 $6,440.71 128.81%($1,440.71)$2,457.64 To GF-Audit and Actuary $0.00 $3,555.00 100.00%($3,555.00)$0.00 Engineering-Watershed $60,000.00 $36,990.34 61.65%$23,009.66 $22,835.09 Engineering-Nghbrhd Asst $0.00 $385.00 100.00%($385.00)$0.00 Billing Payment CWD $49,000.00 $24,825.00 50.66%$24,175.00 $0.00 Office Equipment Maintena $2,000.00 $889.69 44.48%$1,110.31 $197.72 Equipment Rental $750.00 $0.00 0.00%$750.00 $0.00 Administrative Services $134,392.00 $134,392.00 100.00%$0.00 $0.00 Conference/Training Expen $8,500.00 $854.00 10.05%$7,646.00 $146.00 Training $0.00 $228.00 100.00%($228.00)$0.00 S/W Bldg Utilities $3,500.00 $1,073.23 30.66%$2,426.77 $462.24 Stormwater Pumps Electric $300.00 $457.58 152.53%($157.58)$131.65 Vehicles/Equipment $200,000.00 $0.00 0.00%$200,000.00 $0.00 Stormwater Capital Projec $1,582,000.00 $1,022,650.99 64.64%$559,349.01 $175,359.40 Office Furniture/Equipmen $7,500.00 $0.00 0.00%$7,500.00 $0.00 Flow Restoration Plan Ana $10,000.00 $6,982.32 69.82%$3,017.68 $2,939.30 Reimbursement to Highway $18,773.00 $18,773.00 100.00%$0.00 $0.00 Total S/WATER UTILITIES EXPS $3,172,535.10 $1,764,523.78 55.62%$1,408,011.32 $274,520.23 Total STORM WATER UTILITIES $3,172,535.10 $1,764,523.78 55.62%$1,408,011.32 $274,520.23 Year-to-Date % Budget FY 2020 Account Budget Expenditures Expended $ (+/-)Paid December Total All Funds $3,172,535.10 $1,764,523.78 55.62%$1,408,011.32 $274,520.23 Revenue Report-December, 2019 General Fund Estimated Received % Budget FY 2020 Account Revenue To Date Received $ (+/-)Received-December Total PROPERTY TAX REVENUE $16,361,329.92 ($10,398,644.35)63.56%$5,962,685.57 ($89,229.29) Total LOCAL OPTION TAXES $3,790,000.00 ($1,528,980.81)40.34%$2,261,019.19 $0.00 Total TAX REVENUE $20,151,329.92 ($11,927,625.16)59.19%$8,223,704.76 ($89,229.29) Total INTEREST/PENALTY ON TAX $284,000.00 ($123,790.54)43.59%$160,209.46 ($4,573.21) Total CITY MANAGER $458,862.00 ($366,162.33)79.80%$92,699.67 ($7,783.21) Total CITY CLERK $189,600.00 ($145,487.75)76.73%$44,112.25 ($20,056.69) Total PLANNING & ZONING $383,700.00 ($141,719.55)36.93%$241,980.45 ($14,777.67) Total FIRE DEPARTMENT $411,000.00 ($264,492.76)64.35%$146,507.24 ($188,991.14) Total ELECTRICAL INSPECTION $60,000.00 ($33,199.73)55.33%$26,800.27 ($18,054.41) Total AMBULANCE $782,000.00 ($478,647.48)61.21%$303,352.52 ($92,809.02) Total POLICE DEPARTMENT $464,275.00 ($149,436.41)32.19%$314,838.59 ($50,434.11) Total PUBLIC SAFETY $1,717,275.00 ($925,776.38)53.91%$791,498.62 ($350,288.68) Total HIGHWAY DEPARTMENT $999,443.00 ($782,599.54)78.30%$216,843.46 ($41,214.47) Total RED ROCKS PARK $0.00 $0.00 0.00%$0.00 $0.00 Total FACILITIES $12,000.00 ($1,278.00)10.65%$10,722.00 $0.00 Total SPECIAL ACTIVITIES $363,600.00 ($109,460.07)30.10%$254,139.93 ($6,905.50) Total RECREATION $375,600.00 ($110,738.07)29.48%$264,861.93 ($6,905.50) Total COMMUNITY LIBRARY $6,940.00 ($3,023.93)43.57%$3,916.07 $90.33 Total GENERAL FUND $24,566,749.92 ($14,526,923.25)59.13%$10,039,826.67 ($534,738.39) Revenue Report-December, 2019 General Fund Estimated Received % Budget FY 2020 Account Revenue To Date Received $ (+/-)eceived-December TAX REVENUE Tax, Current Budget $16,126,329.92 ($10,276,548.19)63.73%$5,849,781.73 ($89,229.29) VT Payment in Lieu of Tax $170,000.00 ($122,096.16)71.82%$47,903.84 $0.00 Taxes, Reappraisal/ACT 60 $65,000.00 $0.00 0.00%$65,000.00 $0.00 Total TAX REVENUE $16,361,329.92 ($10,398,644.35)63.56%$5,962,685.57 ($89,229.29) LOCAL OPTION TAXES Local Option Tax-Sales $2,780,000.00 ($1,086,001.76)39.06%$1,693,998.24 $0.00 Local Option Tax-Rooms/Me $1,010,000.00 ($442,979.05)43.86%$567,020.95 $0.00 Total LOCAL OPTION TAXES $3,790,000.00 ($1,528,980.81)40.34%$2,261,019.19 $0.00 Total TAX REVENUE $20,151,329.92 ($11,927,625.16)59.19%$8,223,704.76 ($89,229.29) INTEREST/PENALTY ON TAX Penalty, Current & Prior $125,000.00 ($91,239.42)72.99%$33,760.58 $0.00 Interest, Current & Prior $50,000.00 ($32,551.12)65.10%$17,448.88 ($4,573.21) Attorney Fees $2,500.00 $0.00 0.00%$2,500.00 $0.00 Fee to Collect State Educ $93,000.00 $0.00 0.00%$93,000.00 $0.00 Current Use $13,500.00 $0.00 0.00%$13,500.00 $0.00 Total INTEREST/PENALTY ON TAX $284,000.00 ($123,790.54)43.59%$160,209.46 ($4,573.21) CITY MANAGER Administrative Services-W $47,500.00 ($47,500.00)100.00%$0.00 $0.00 Administrative Services-S $134,392.00 ($134,392.00)100.00%$0.00 $0.00 Estimated Received % Budget FY 2020 Account Revenue To Date Received $ (+/-)eceived-December Administrative Services-W $150,336.00 ($150,336.00)100.00%$0.00 $0.00 From Sewer-Audit & Actuar $6,214.00 ($6,214.00)100.00%$0.00 $0.00 From SW-Audit & Actuary $3,555.00 ($3,555.00)100.00%$0.00 $0.00 Wellness Payment $10,000.00 $0.00 0.00%$10,000.00 $0.00 Pension Liab Note-WPC $38,675.00 $0.00 0.00%$38,675.00 $0.00 Pension Liab Note-SW $26,510.00 $0.00 0.00%$26,510.00 $0.00 From Water-Audit $2,100.00 ($2,100.00)100.00%$0.00 $0.00 From WPC-Payroll, Testing $700.00 ($700.00)100.00%$0.00 $0.00 From SW-Payroll, Testing $480.00 ($480.00)100.00%$0.00 $0.00 Interest on Investment $22,000.00 ($12,755.26)57.98%$9,244.74 ($6,602.41) Solar Credits $14,900.00 ($8,007.85)53.74%$6,892.15 ($1,129.50) Miscellaneous $1,500.00 ($122.22)8.15%$1,377.78 ($51.30) Total CITY MANAGER $458,862.00 ($366,162.33)79.80%$92,699.67 ($7,783.21) CITY CLERK Recording Fees $120,000.00 ($112,624.85)93.85%$7,375.15 ($18,840.00) Photocopy Fees $26,000.00 ($13,115.50)50.44%$12,884.50 ($1,710.75) Photocopies-Vital Records $6,000.00 ($15,589.00)259.82%($9,589.00)($4,024.00) Pet Licenses $23,000.00 ($1,526.40)6.64%$21,473.60 ($80.00) Pet Control Fees $2,000.00 ($760.00)38.00%$1,240.00 ($50.00) Beverage/Cabaret License $9,000.00 ($345.00)3.83%$8,655.00 ($115.00) Entertainment Permits $0.00 ($25.00)100.00%($25.00)$0.00 Marriage Licenses $1,200.00 ($980.00)81.67%$220.00 ($60.00) Green Mountain Passports $300.00 ($204.00)68.00%$96.00 ($2.00) Motor Vehicle Renewals $600.00 ($318.00)53.00%$282.00 ($21.00) School Reimburse-Election $1,500.00 $0.00 0.00%$1,500.00 $0.00 Interest on Investments $0.00 $0.00 0.00%$0.00 $4,846.06 Total CITY CLERK $189,600.00 ($145,487.75)76.73%$44,112.25 ($20,056.69) Estimated Received % Budget FY 2020 Account Revenue To Date Received $ (+/-)eceived-December PLANNING Building & Sign Permits $250,000.00 ($72,641.44)29.06%$177,358.56 ($3,518.07) Bianchi Ruling $10,000.00 ($9,973.00)99.73%$27.00 ($1,296.00) Zoning and Planning $95,000.00 ($57,275.11)60.29%$37,724.89 ($9,863.60) Sewer Inspection Fees $2,500.00 ($1,350.00)54.00%$1,150.00 ($100.00) Peddlers' Permits $1,200.00 ($480.00)40.00%$720.00 $0.00 Transfer in-Solar Credits $25,000.00 $0.00 0.00%$25,000.00 $0.00 Total PLANNING $383,700.00 ($141,719.55)36.93%$241,980.45 ($14,777.67) FIRE DEPARTMENT Outside Employment $1,000.00 ($2,143.50)214.35%($1,143.50)($120.00) Misc.Revenue-Fire Dept.$0.00 ($955.00)100.00%($955.00)($505.00) Fire Inspection Revenue $410,000.00 ($261,394.26)63.75%$148,605.74 ($188,366.14) Total FIRE DEPARTMENT $411,000.00 ($264,492.76)64.35%$146,507.24 ($188,991.14) ELECTRICAL INSPECTION Electrical Inspection-Rev $60,000.00 ($33,199.73)55.33%$26,800.27 ($18,054.41) Total ELECTRICAL INSPECTION $60,000.00 ($33,199.73)55.33%$26,800.27 ($18,054.41) AMBULANCE Tax Revenues $155,000.00 ($155,000.00)100.00%$0.00 $0.00 Ambulance Service Billing $610,000.00 ($318,382.24)52.19%$291,617.76 ($92,202.00) Grand Isle Billing $5,000.00 ($2,246.74)44.93%$2,753.26 ($232.02) Miscellaneous Income $12,000.00 ($3,018.50)25.15%$8,981.50 ($375.00) Total AMBULANCE $782,000.00 ($478,647.48)61.21%$303,352.52 ($92,809.02) POLICE DEPARTMENT Estimated Received % Budget FY 2020 Account Revenue To Date Received $ (+/-)eceived-December Vermont District Court $30,000.00 ($5,273.52)17.58%$24,726.48 ($2,242.50) Traffic Safety Grant $5,000.00 $0.00 0.00%$5,000.00 $0.00 Sale of Cruisers/Bequest $3,000.00 $0.00 0.00%$3,000.00 $0.00 Police Reports $6,000.00 ($183.30)3.06%$5,816.70 ($64.55) I.C.A.C.$3,500.00 ($2,606.63)74.48%$893.37 $0.00 SHARP $34,000.00 ($936.11)2.75%$33,063.89 ($137.15) Drug Task Force Grant $115,000.00 ($57,521.97)50.02%$57,478.03 ($30,681.77) Parking Tickets $0.00 ($4,763.36)100.00%($4,763.36)($70.00) Alarm Registrations $10,000.00 ($2,555.00)25.55%$7,445.00 ($440.00) Alarm Fines $2,500.00 ($2,565.00)102.60%($65.00)($630.00) Off Duty Police $10,000.00 ($6,806.58)68.07%$3,193.42 ($711.12) Bullet Proof Vest Grant $2,400.00 ($7,655.00)318.96%($5,255.00)($4,502.50) Police Impact Fees $110,000.00 $0.00 0.00%$110,000.00 $0.00 3rd Floor Lease Revenue $103,000.00 ($43,120.75)41.86%$59,879.25 ($8,624.15) Solar Credits $1,375.00 ($4,669.94)339.63%($3,294.94)($1,955.37) Miscellaneous - Police $8,500.00 ($10,779.25)126.81%($2,279.25)($375.00) Xfer In-Fund 207 $20,000.00 $0.00 0.00%$20,000.00 $0.00 Total POLICE DEPARTMENT $464,275.00 ($149,436.41)32.19%$314,838.59 ($50,434.11) HIGHWAY DEPARTMENT Road Opening Permits $90,000.00 ($42,836.00)47.60%$47,164.00 ($7,400.00) Overweight truck permits $2,000.00 ($50.00)2.50%$1,950.00 ($10.00) Highway State Aid $225,000.00 ($287,920.37)127.96%($62,920.37)$0.00 Fuel Pump Surcharge $6,000.00 ($2,819.79)47.00%$3,180.21 ($996.65) HazMat Facility Lease $23,000.00 ($10,571.68)45.96%$12,428.32 $0.00 School Bus Parts Reimbure $32,500.00 ($34,558.78)106.33%($2,058.78)($10,722.69) School gas/diesel reimbur $125,000.00 ($51,691.72)41.35%$73,308.28 ($19,040.24) School vehicle repair pay $20,000.00 $0.00 0.00%$20,000.00 $0.00 Salary Reimbursement-WPC $280,454.00 ($280,454.00)100.00%$0.00 $0.00 FICA Reimbursement-WPC $22,944.00 ($22,944.00)100.00%$0.00 $0.00 Estimated Received % Budget FY 2020 Account Revenue To Date Received $ (+/-)eceived-December Salary Reimbursement-SW $18,773.00 ($18,773.00)100.00%$0.00 $0.00 Benefits Reimbursement-SW $10,429.00 ($10,429.00)100.00%$0.00 $0.00 Reimburse from Fund 265 $8,343.00 ($8,343.00)100.00%$0.00 $0.00 Highway Impact Fee-RT 2 $85,000.00 $0.00 0.00%$85,000.00 $0.00 Hgwy Misc Revenue $50,000.00 ($11,208.20)22.42%$38,791.80 ($3,044.89) Total HIGHWAY DEPARTMENT $999,443.00 ($782,599.54)78.30%$216,843.46 ($41,214.47) RECREATION FACILITIES Donations $12,000.00 ($1,278.00)10.65%$10,722.00 $0.00 Total FACILITIES $12,000.00 ($1,278.00)10.65%$10,722.00 $0.00 SPECIAL ACTIVITIES Great Escape Ticket Sales $9,600.00 ($7,945.00)82.76%$1,655.00 $0.00 Aternoon Skiing/Middle Sc $16,000.00 ($15,797.00)98.73%$203.00 ($1,050.00) Youth Programs $74,000.00 ($35,655.07)48.18%$38,344.93 ($2,691.50) Adult Evening Classes $26,000.00 ($9,408.00)36.18%$16,592.00 ($1,464.00) Recreation Impact Fees $170,000.00 $0.00 0.00%$170,000.00 $0.00 SoBu Night Out $41,000.00 ($26,030.00)63.49%$14,970.00 ($950.00) Driver's Education $27,000.00 ($14,625.00)54.17%$12,375.00 ($750.00) Total SPECIAL ACTIVITIES $363,600.00 ($109,460.07)30.10%$254,139.93 ($6,905.50) Total RECREATION $375,600.00 ($110,738.07)29.48%$264,861.93 ($6,905.50) COMMUNITY LIBRARY Grants $140.00 ($682.50)487.50%($542.50)$0.00 Library Lost Books $0.00 ($236.27)100.00%($236.27)$90.33 Fines and Fees $3,800.00 ($574.53)15.12%$3,225.47 $0.00 Estimated Received % Budget FY 2020 Account Revenue To Date Received $ (+/-)eceived-December Non-Resident Fees $800.00 ($592.10)74.01%$207.90 $0.00 Conference Room Rental $0.00 ($25.00)100.00%($25.00)$0.00 Libriary Copies and Print $2,200.00 ($913.53)41.52%$1,286.47 $0.00 Total COMMUNITY LIBRARY $6,940.00 ($3,023.93)43.57%$3,916.07 $90.33 Total GENERAL FUND $24,566,749.92 ($14,526,923.25)59.13%$10,039,826.67 ($534,738.39) Total All Funds $24,566,749.92 ($14,526,923.25)59.13%$10,039,826.67 ($534,738.39) Revenue Report-December, 2019 Sewer Fund Estimated Received % Budget FY 2020 Account Revenue To Date Received $ (+/-)eceived-December CHARGES FOR SERVICES W.P.C. User Fees $3,674,265.16 ($1,969,275.84)53.60%$1,704,989.32 ($393,734.88) W.P.C. Truck Charges $20,000.00 ($7,426.50)37.13%$12,573.50 $0.00 Connection Fees $325,000.00 ($156,237.36)48.07%$168,762.64 ($7,686.05) Total CHARGES FOR SERVICES $4,019,265.16 ($2,132,939.70)53.07%$1,886,325.46 ($401,420.93) BOND AND LOAN PROCEEDS Colchester A/P Pkwy Pmt $742,310.00 $0.00 0.00%$742,310.00 $0.00 Total BOND AND LOAN PROCEEDS $742,310.00 $0.00 0.00%$742,310.00 $0.00 MISCELLANEOUS Miscellaneous Rev.-W.P.C.$10,000.00 $0.00 0.00%$10,000.00 $0.00 Operating Transfer In $0.00 ($82,140.92)100.00%($82,140.92)$0.00 Total MISCELLANEOUS $10,000.00 ($82,140.92)821.41%($72,140.92)$0.00 Total OPERATING TRANSFERS IN $4,771,575.16 ($2,215,080.62)46.42%$2,556,494.54 ($401,420.93) Total ENTERPRISE FUND/W.P.C.$4,771,575.16 ($2,215,080.62)46.42%$2,556,494.54 ($401,420.93) Total All Funds $4,771,575.16 ($2,215,080.62)46.42%$2,556,494.54 ($401,420.93) Revenue Report-December, 2019 Stormwater Fund Estimated Received % Budget FY 2020 Account Revenue To Date Received $ (+/-)eceived-December S/WATER UTILITIES REVENUE Intergovernmental Revenue $935,591.68 ($427,193.09)45.66%$508,398.59 $2,527.26 S/W User Fees - Water Bil $2,281,335.41 ($1,102,075.94)48.31%$1,179,259.47 ($169,173.56) Credit Application Fees $500.00 $0.00 0.00%$500.00 $0.00 Systems Takeover App Fees $500.00 $0.00 0.00%$500.00 $0.00 Payment from GF re: GIS $38,000.00 ($18,000.00)47.37%$20,000.00 ($18,000.00) Pmts from other towns $50,000.00 ($16,909.65)33.82%$33,090.35 ($7,003.92) Land Owner Payments $0.00 ($196,987.37)100.00%($196,987.37)$0.00 Stormwater Miscellaneous $1,000.00 $0.00 0.00%$1,000.00 $0.00 Total S/WATER UTILITIES REVENUE $3,306,927.09 ($1,761,166.05)53.26%$1,545,761.04 ($191,650.22) Total STORM WATER UTILITIES $3,306,927.09 ($1,761,166.05)53.26%$1,545,761.04 ($191,650.22) Total All Funds $3,306,927.09 ($1,761,166.05)53.26%$1,545,761.04 ($191,650.22)